II 

117TH CONGRESS 

1ST SESSION S. 2016 

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

purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 10, 2021 

Ms. CANTWELL (for herself and Mr. WICKER) introduced the following bill; 

which was read twice and referred to the Committee on Commerce, 

Science, and Transportation 

A BILL 

To authorize elements of the Department of Transportation, 

and for other purposes. 

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

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

5 ‘‘Surface Transportation Investment Act of 2021’’. 

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

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

TITLE I—MULTIMODAL AND FREIGHT TRANSPORTATION 

Subtitle A—Multimodal Freight Policy 


pamtmann on DSKBC07HB2PROD with BILLS
2 

•S 2016 IS

Sec. 1101. Office of Multimodal Freight Infrastructure and Policy. 

Sec. 1102. Updates to National Freight Plan. 

Sec. 1103. State collaboration with National Multimodal Freight Network. 

Sec. 1104. Improving State freight plans. 

Sec. 1105. Implementation of National Multimodal Freight Network. 

Sec. 1106. Multi-State freight corridor planning. 

Subtitle B—Multimodal Investment 

Sec. 1201. National infrastructure project assistance. 

Sec. 1202. Local and regional project assistance. 

Sec. 1203. National culvert removal, replacement, and restoration grant program. 

Sec. 1204. Nationally significant multimodal freight projects. 

Sec. 1205. National multimodal cooperative freight research program. 

Sec. 1206. Rural and Tribal infrastructure advancement. 

Subtitle C—Railroad Rehabilitation and Improvement Financing Reforms 

Sec. 1301. RRIF codification and reforms. 

Sec. 1302. Substantive criteria and standards. 

Sec. 1303. Semiannual report on transit-oriented development eligibility. 

TITLE II—RAIL 

Sec. 2001. Short title. 

Subtitle A—Authorization of Appropriations 

Sec. 2101. Grants to Amtrak. 

Sec. 2102. Federal Railroad Administration. 

Sec. 2103. Consolidated rail infrastructure and safety improvements grants. 

Sec. 2104. Railroad Crossing Elimination Program. 

Sec. 2105. Restoration and enhancement grants. 

Sec. 2106. Federal-State partnership for intercity passenger rail grants. 

Sec. 2107. Amtrak Office of Inspector General. 

Subtitle B—Amtrak Reforms 

Sec. 2201. Amtrak findings, mission, and goals. 

Sec. 2202. Composition of Amtrak’s Board of Directors. 

Sec. 2203. Station agents. 

Sec. 2204. Increasing oversight of changes to Amtrak long-distance routes and 

other intercity services. 

Sec. 2205. Improved oversight of Amtrak accounting. 

Sec. 2206. Improved oversight of Amtrak spending. 

Sec. 2207. Increasing service line and asset line plan transparency. 

Sec. 2208. Passenger experience enhancement. 

Sec. 2209. Amtrak smoking policy. 

Sec. 2210. Protecting Amtrak routes through rural communities. 

Sec. 2211. State-Supported Route Committee. 

Sec. 2212. Enhancing cross border service. 

Sec. 2213. Creating quality jobs. 

Subtitle C—Intercity Passenger Rail Policy 

Sec. 2301. Northeast Corridor planning. 

Sec. 2302. Northeast Corridor Commission. 


pamtmann on DSKBC07HB2PROD with BILLS
3 

•S 2016 IS

Sec. 2303. Consolidated rail infrastructure and safety improvements. 

Sec. 2304. Restoration and enhancement grants. 

Sec. 2305. Railroad Crossing Elimination Program. 

Sec. 2306. Interstate rail compacts. 

Sec. 2307. Federal-State partnership for intercity passenger rail grants. 

Sec. 2308. Corridor Identification and Development Program. 

Sec. 2309. Surface Transportation Board Passenger Rail Program. 

Sec. 2310. Railroad rights-of-way. 

Subtitle D—Rail Safety 

Sec. 2401. Railway-highway crossings program evaluation. 

Sec. 2402. Grade crossing accident prediction model. 

Sec. 2403. Periodic updates to highway-rail crossing reports and plans. 

Sec. 2404. Blocked crossing portal. 

Sec. 2405. Data accessibility. 

Sec. 2406. Emergency lighting. 

Sec. 2407. Comprehensive rail safety review of Amtrak. 

Sec. 2408. Completion of hours of service and fatigue studies. 

Sec. 2409. Positive train control study. 

Sec. 2410. Operating crew member training, qualification, and certification. 

Sec. 2411. Transparency and safety. 

Sec. 2412. Research and development. 

Sec. 2413. Rail Research and Development Center of Excellence. 

Sec. 2414. Quarterly report on positive train control system performance. 

Sec. 2415. Speed limit action plans. 

Sec. 2416. New passenger service pre-revenue safety validation plan. 

Sec. 2417. Federal Railroad Administration accident and incident investigations. 

Sec. 2418. Civil penalty enforcement authority. 

Sec. 2419. Advancing safety and innovative technology. 

Sec. 2420. Passenger rail vehicle occupant protection systems. 

Sec. 2421. Federal Railroad Administration safety reporting. 

Sec. 2422. National Academies study on trains longer than 7,500 feet. 

Sec. 2423. High-speed train noise emissions. 

Sec. 2424. Critical incident stress plans. 

TITLE III—MOTOR CARRIER SAFETY 

Sec. 3001. Authorization of appropriations. 

Sec. 3002. Motor carrier safety advisory committee. 

Sec. 3003. Combating human trafficking. 

Sec. 3004. Immobilization grant program. 

Sec. 3005. Commercial motor vehicle enforcement training and support. 

Sec. 3006. Study of commercial motor vehicle crash causation. 

Sec. 3007. Promoting women in the trucking workforce. 

Sec. 3008. State inspection of passenger-carrying commercial motor vehicles. 

Sec. 3009. Truck Leasing Task Force. 

Sec. 3010. Automatic emergency braking. 

Sec. 3011. Underride protection. 

Sec. 3012. Providers of recreational activities. 

Sec. 3013. Amendments to regulations relating to transportation of household 

goods in interstate commerce. 

Sec. 3014. Improving Federal-State motor carrier safety enforcement coordination. 

Sec. 3015. Limousine research. 


pamtmann on DSKBC07HB2PROD with BILLS
4 

•S 2016 IS

Sec. 3016. National Consumer Complaint Database. 

Sec. 3017. Electronic logging device oversight. 

TITLE IV—HIGHWAY AND MOTOR VEHICLE SAFETY 

Subtitle A—Highway Traffic Safety 

Sec. 4101. Authorization of appropriations. 

Sec. 4102. Highway safety programs. 

Sec. 4103. Highway safety research and development. 

Sec. 4104. High-visibility enforcement programs. 

Sec. 4105. National priority safety programs. 

Sec. 4106. Multiple substance-impaired driving prevention. 

Sec. 4107. Minimum penalties for repeat offenders for driving while intoxicated 

or driving under the influence. 

Sec. 4108. Crash data. 

Sec. 4109. Review of Move Over or Slow Down Law public awareness. 

Sec. 4110. Review of laws, safety measures, and technologies relating to school 

buses. 

Sec. 4111. Motorcyclist Advisory Council. 

Sec. 4112. Safe Streets and Roads for All grant program. 

Sec. 4113. Implementation of GAO recommendations. 

Subtitle B—Vehicle Safety 

Sec. 4201. Authorization of appropriations. 

Sec. 4202. Recall completion. 

Sec. 4203. Recall engagement. 

Sec. 4204. Motor vehicle seat back safety standards. 

Sec. 4205. Automatic shutoff. 

Sec. 4206. Petitions by interested persons for standards and enforcement. 

Sec. 4207. Child safety seat accessibility study. 

Sec. 4208. Crash avoidance technology. 

Sec. 4209. Reduction of driver distraction. 

Sec. 4210. Rulemaking report. 

Sec. 4211. Global harmonization. 

Sec. 4212. Headlamps. 

Sec. 4213. New Car Assessment Program. 

Sec. 4214. Hood and bumper standards. 

Sec. 4215. Emergency medical services and 9–1–1. 

Sec. 4216. Early warning reporting. 

Sec. 4217. Improved vehicle safety databases. 

Sec. 4218. National Driver Register Advisory Committee repeal. 

Sec. 4219. Research on connected vehicle technology. 

Sec. 4220. Advanced impaired driving technology. 

TITLE V—RESEARCH AND INNOVATION 

Sec. 5001. Intelligent Transportation Systems Program Advisory Committee. 

Sec. 5002. Smart Community Resource Center. 

Sec. 5003. Federal support for local decisionmaking. 

Sec. 5004. Bureau of Transportation Statistics. 

Sec. 5005. Strengthening mobility and revolutionizing transportation grant program. 

Sec. 5006. Electric vehicle working group. 

Sec. 5007. Risk and system resilience. 

Sec. 5008. Coordination on emerging transportation technology. 


pamtmann on DSKBC07HB2PROD with BILLS
5 

•S 2016 IS

Sec. 5009. Interagency Infrastructure Permitting Improvement Center. 

Sec. 5010. Rural opportunities to use transportation for economic success initiative. 

Sec. 5011. Advanced transportation technologies deployment program. 

Sec. 5012. Safety data initiative. 

Sec. 5013. Advanced transportation research. 

Sec. 5014. Open research initiative. 

Sec. 5015. Transportation research and development 5-year strategic plan. 

Sec. 5016. Research planning modifications. 

Sec. 5017. Incorporation of Department of Transportation research. 

Sec. 5018. University transportation centers program. 

Sec. 5019. National travel and tourism infrastructure strategic plan. 

Sec. 5020. Local hiring preference for construction jobs. 

Sec. 5021. Transportation workforce development. 

Sec. 5022. Intermodal Transportation Advisory Board repeal. 

Sec. 5023. GAO cybersecurity recommendations. 

Sec. 5024. Volpe oversight. 

TITLE VI—HAZARDOUS MATERIALS 

Sec. 6001. Authorization of appropriations. 

Sec. 6002. Assistance for local emergency response training grant program. 

Sec. 6003. Real-time emergency response information. 

1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) DEPARTMENT.—The term ‘‘Department’’ 

4 means the Department of Transportation. 

5 (2) SECRETARY.—The term ‘‘Secretary’’ means 

6 the Secretary of Transportation. 

7 TITLE I—MULTIMODAL AND 

8 FREIGHT TRANSPORTATION 

9 Subtitle A—Multimodal Freight 

10 Policy 

11 SEC. 1101. OFFICE OF MULTIMODAL FREIGHT INFRASTRUC12 TURE AND POLICY. 

13 (a) IN GENERAL.—Chapter 1 of title 49, United 

14 States Code, is amended by adding at the end the fol15 lowing: 


pamtmann on DSKBC07HB2PROD with BILLS
6 

•S 2016 IS

1 ‘‘§ 118. Office of Multimodal Freight Infrastructure 

2 and Policy 

3 ‘‘(a) DEFINITIONS.—In this section: 

4 ‘‘(1) DEPARTMENT.—The term ‘Department’ 

5 means the Department of Transportation. 

6 ‘‘(2) FREIGHT OFFICE.—The term ‘Freight Of7 fice’ means the Office of Multimodal Freight Infra8 structure and Policy established under subsection 

9 (b). 

10 ‘‘(3) SECRETARY.—The term ‘Secretary’ means 

11 the Secretary of Transportation. 

12 ‘‘(b) ESTABLISHMENT.—The Secretary shall estab13 lish within the Department an Office of Multimodal 

14 Freight Infrastructure and Policy. 

15 ‘‘(c) PURPOSES.—The purposes of the Freight Office 

16 shall be— 

17 ‘‘(1) to carry out the national multimodal 

18 freight policy described in section 70101; 

19 ‘‘(2) to administer and oversee certain 

20 multimodal freight grant programs within the De21 partment in accordance with subsection (d); 

22 ‘‘(3) to promote and facilitate the sharing of in23 formation between the private and public sectors 

24 with respect to freight issues; 

25 ‘‘(4) to conduct research on improving 

26 multimodal freight mobility, and to oversee the 


pamtmann on DSKBC07HB2PROD with BILLS
7 

•S 2016 IS

1 freight research activities of the various agencies 

2 within the Department; 

3 ‘‘(5) to assist cities and States in developing 

4 freight mobility and supply chain expertise; 

5 ‘‘(6) to liaise and coordinate with other Federal 

6 departments and agencies; and 

7 ‘‘(7) to carry out other duties, as prescribed by 

8 the Secretary. 

9 ‘‘(d) ADMINISTRATION OF POLICIES AND PRO10 GRAMS.—The Freight Office shall— 

11 ‘‘(1) develop and manage— 

12 ‘‘(A) the national freight strategic plan de13 scribed in section 70102; and 

14 ‘‘(B) the National Multimodal Freight 

15 Network established under section 70103; 

16 ‘‘(2)(A) oversee the development and updating 

17 of the State freight plans described in section 

18 70202; and 

19 ‘‘(B) provide guidance or best practices relating 

20 to the development and updating of State freight 

21 plans under that section; 

22 ‘‘(3)(A) administer multimodal freight grant 

23 programs, including multimodal freight grants estab24 lished under section 117 of title 23; and 


pamtmann on DSKBC07HB2PROD with BILLS
8 

•S 2016 IS

1 ‘‘(B) establish procedures for analyzing and 

2 evaluating applications for grants under those pro3 grams; 

4 ‘‘(4) assist States in the establishment of— 

5 ‘‘(A) State freight advisory committees 

6 under section 70201; and 

7 ‘‘(B) multi-State freight mobility compacts 

8 under section 70204; and 

9 ‘‘(5) provide to the Bureau of Transportation 

10 Statistics input regarding freight data and planning 

11 tools. 

12 ‘‘(e) ASSISTANT SECRETARY.— 

13 ‘‘(1) IN GENERAL.—The Freight Office shall be 

14 headed by an Assistant Secretary for Multimodal 

15 Freight, who shall— 

16 ‘‘(A) be appointed by the President, by and 

17 with the advice and consent of the Senate; and 

18 ‘‘(B) have professional standing and dem19 onstrated knowledge in the field of freight 

20 transportation. 

21 ‘‘(2) DUTIES.—The Assistant Secretary shall— 

22 ‘‘(A) report to the Under Secretary of 

23 Transportation for Policy; 


pamtmann on DSKBC07HB2PROD with BILLS
9 

•S 2016 IS

1 ‘‘(B) be responsible for the management 

2 and oversight of the activities, decisions, oper3 ations, and personnel of the Freight Office; 

4 ‘‘(C) work with the modal administrations 

5 of the Department to encourage multimodal col6 laboration; and 

7 ‘‘(D) carry out such additional duties as 

8 the Secretary may prescribe. 

9 ‘‘(f) CONSOLIDATION AND ELIMINATION OF DUPLI10 CATIVE OFFICES.— 

11 ‘‘(1) CONSOLIDATION OF OFFICES AND OFFICE

12 FUNCTIONS.—The Secretary may consolidate into 

13 the Freight Office any office or office function with14 in the Department that the Secretary determines 

15 has duties, responsibilities, resources, or expertise 

16 that support the purposes of the Freight Office. 

17 ‘‘(2) ELIMINATION OF OFFICES.—The Sec18 retary may eliminate any office within the Depart19 ment if the Secretary determines that— 

20 ‘‘(A) the purposes of the office are duplica21 tive of the purposes of the Freight Office; 

22 ‘‘(B) the office or the functions of the of23 fice have been substantially consolidated with 

24 the Freight Office pursuant to paragraph (1); 


pamtmann on DSKBC07HB2PROD with BILLS
10 

•S 2016 IS

1 ‘‘(C) the elimination of the office will not 

2 adversely affect the requirements of the Sec3 retary under any Federal law; and 

4 ‘‘(D) the elimination of the office will im5 prove the efficiency and effectiveness of the pro6 grams and functions conducted by the office. 

7 ‘‘(g) STAFFING AND BUDGETARY RESOURCES.— 

8 ‘‘(1) IN GENERAL.—The Secretary shall ensure 

9 that the Freight Office is adequately staffed and 

10 funded. 

11 ‘‘(2) STAFFING.— 

12 ‘‘(A) TRANSFER OF POSITIONS TO

13 FREIGHT OFFICE.—Subject to subparagraph 

14 (B), the Secretary may transfer to the Freight 

15 Office any position within any other office of 

16 the Department if the Secretary determines 

17 that the position is necessary to carry out the 

18 purposes of the Freight Office. 

19 ‘‘(B) REQUIREMENT.—If the Secretary 

20 transfers a position to the Freight Office pursu21 ant to subparagraph (A), the Secretary, in co22 ordination with the appropriate modal adminis23 tration of the Department, shall ensure that the 

24 transfer of the position does not adversely afVerDate Sep 11 2014 21:39 Jun 14, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S2016.IS S2016

pamtmann on DSKBC07HB2PROD with BILLS
11 

•S 2016 IS

1 fect the requirements of the modal administra2 tion under any Federal law. 

3 ‘‘(3) BUDGETARY RESOURCES.— 

4 ‘‘(A) TRANSFER OF FUNDS FROM CON5 SOLIDATED OR ELIMINATED OFFICES.— 

6 ‘‘(i) IN GENERAL.—To carry out the 

7 purposes of the Freight Office, the Sec8 retary may transfer to the Freight Office 

9 from any office or office function that is 

10 consolidated or eliminated under sub11 section (f) any funds allocated for the con12 solidated or eliminated office or office 

13 function. 

14 ‘‘(ii) RETRANSFER.—Any portion of 

15 any funds or limitations of obligations 

16 transferred to the Freight Office pursuant 

17 to clause (i) may be transferred back to, 

18 and merged with, the original account. 

19 ‘‘(B) TRANSFER OF FUNDS ALLOCATED

20 FOR ADMINISTRATIVE COSTS.— 

21 ‘‘(i) IN GENERAL.—The Secretary 

22 may transfer to the Freight Office any 

23 funds allocated for the administrative costs 

24 of the programs referred to in subsection 

25 (d)(3). 


pamtmann on DSKBC07HB2PROD with BILLS
12 

•S 2016 IS

1 ‘‘(ii) RETRANSFER.—Any portion of 

2 any funds or limitations of obligations 

3 transferred to the Freight Office pursuant 

4 to clause (i) may be transferred back to, 

5 and merged with, the original account. 

6 ‘‘(h) WEBSITE.— 

7 ‘‘(1) DESCRIPTION OF FREIGHT OFFICE.—The 

8 Secretary shall make publicly available on the 

9 website of the Department a description of the 

10 Freight Office, including a description of— 

11 ‘‘(A) the programs managed or made avail12 able by the Freight Office; and 

13 ‘‘(B) the eligibility requirements for those 

14 programs. 

15 ‘‘(2) CLEARINGHOUSE.—The Secretary may es16 tablish a clearinghouse for tools, templates, guid17 ance, and best practices on a page of the website of 

18 the Department that supports the purposes of this 

19 section. 

20 ‘‘(i) NOTIFICATION TO CONGRESS.—Not later than 

21 1 year after the date of enactment of this section, and 

22 not less frequently than once every 180 days thereafter 

23 until the date on which the Secretary determines that the 

24 requirements of this section have been met, the Secretary 

25 shall submit to the Committee on Commerce, Science, and 


pamtmann on DSKBC07HB2PROD with BILLS
13 

•S 2016 IS

1 Transportation of the Senate and the Committee on 

2 Transportation and Infrastructure of the House of Rep3 resentatives a notification that— 

4 ‘‘(1) describes— 

5 ‘‘(A) the programs and activities adminis6 tered or overseen by the Freight Office; and 

7 ‘‘(B) the status of those programs and ac8 tivities; 

9 ‘‘(2) identifies— 

10 ‘‘(A) the number of employees working in 

11 the Freight Office as of the date of the notifica12 tion; and 

13 ‘‘(B) the total number of employees ex14 pected to join the Freight Office to support the 

15 programs and activities described in paragraph 

16 (1); 

17 ‘‘(3)(A) indicates whether the Secretary has 

18 consolidated into the Freight Office any office or of19 fice function pursuant to subsection (f)(1); and 

20 ‘‘(B) if the Secretary has so consolidated such 

21 an office or function, describes the rationale for the 

22 consolidation; 

23 ‘‘(4)(A) indicates whether the Secretary has 

24 eliminated any office pursuant to subsection (f)(2); 

25 and 


pamtmann on DSKBC07HB2PROD with BILLS
14 

•S 2016 IS

1 ‘‘(B) if the Secretary has so eliminated such an 

2 office, describes the rationale for the elimination; 

3 ‘‘(5) describes any other actions carried out by 

4 the Secretary to implement this section; and 

5 ‘‘(6) describes any recommendations of the Sec6 retary for legislation that may be needed to further 

7 implement this section. 

8 ‘‘(j) SAVINGS PROVISIONS.— 

9 ‘‘(1) EFFECT ON OTHER LAW.—Except as oth10 erwise provided in this section, nothing in this sec11 tion alters or affects any law (including regulations) 

12 with respect to a program referred to in subsection 

13 (d). 

14 ‘‘(2) EFFECT ON RESPONSIBILITIES OF OTHER

15 AGENCIES.—Except as otherwise provided in this 

16 section, nothing in this section abrogates the respon17 sibilities of any agency, operating administration, or 

18 office within the Department that is otherwise 

19 charged by law (including regulations) with any as20 pect of program administration, oversight, or project 

21 approval or implementation with respect to a pro22 gram or project subject to the responsibilities of the 

23 Freight Office under this section. 

24 ‘‘(3) EFFECT ON PENDING APPLICATIONS.— 

25 Nothing in this section affects any pending applicaVerDate Sep 11 2014 21:39 Jun 14, 2021 Jkt 019200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\S2016.IS S2016

pamtmann on DSKBC07HB2PROD with BILLS
15 

•S 2016 IS

1 tion under a program referred to in subsection (d) 

2 that was received by the Secretary on or before the 

3 date of enactment of this section. 

4 ‘‘(k) AUTHORIZATION OF APPROPRIATIONS.—There 

5 are authorized to be appropriated to the Secretary such 

6 sums as are necessary to carry out this section.’’. 

7 (b) CLERICAL AMENDMENT.—The analysis for chap8 ter 1 of title 49, United States Code, is amended by insert9 ing after the item relating to section 117 the following: 

‘‘118. Office of Multimodal Freight Infrastructure and Policy.’’. 

10 (c) CONFORMING AMENDMENTS.— 

11 (1) Section 70101(c) of title 49, United States 

12 Code, is amended, in the matter preceding para13 graph (1), by striking ‘‘Under Secretary of Trans14 portation for Policy’’ and inserting ‘‘Assistant Sec15 retary for Multimodal Freight’’. 

16 (2) Section 70102 of title 49, United States 

17 Code, is amended— 

18 (A) in subsection (a), in the matter pre19 ceding paragraph (1), by striking ‘‘Not later’’ 

20 and all that follows through ‘‘the Under Sec21 retary of Transportation for Policy’’ and insert22 ing ‘‘The Assistant Secretary for Multimodal 

23 Freight (referred to in this section as the ‘As24 sistant Secretary’)’’; 


pamtmann on DSKBC07HB2PROD with BILLS
16 

•S 2016 IS

1 (B) in subsection (b)(4), in the matter pre2 ceding subparagraph (A), by striking ‘‘Under 

3 Secretary’’ and inserting ‘‘Assistant Secretary’’; 

4 (C) in subsection (c), by striking ‘‘Under 

5 Secretary’’ and inserting ‘‘Assistant Secretary’’; 

6 and 

7 (D) in subsection (d), in the matter pre8 ceding paragraph (1), by striking ‘‘Under Sec9 retary’’ and inserting ‘‘Assistant Secretary’’. 

10 (3) Section 70103 of title 49, United States 

11 Code, is amended— 

12 (A) in subsection (a), in the matter pre13 ceding paragraph (1), by striking ‘‘Under Sec14 retary of Transportation for Policy’’ and insert15 ing ‘‘Assistant Secretary for Multimodal 

16 Freight (referred to in this section as the ‘As17 sistant Secretary’)’’; 

18 (B) by striking subsection (b); 

19 (C) by redesignating subsections (c) and 

20 (d) as subsections (b) and (c), respectively; 

21 (D) in subsection (b) (as so redesig22 nated)— 

23 (i) in the subsection heading, by strik24 ing ‘‘FINAL NETWORK’’ and inserting 


pamtmann on DSKBC07HB2PROD with BILLS
17 

•S 2016 IS

1 ‘‘DESIGNATION OF NATIONAL

2 MULTIMODAL FREIGHT NETWORK’’; 

3 (ii) in paragraph (1), in the matter 

4 preceding subparagraph (A), by striking 

5 ‘‘Not later’’ and all that follows through 

6 ‘‘Under Secretary’’ and inserting ‘‘Assist7 ant Secretary’’; 

8 (iii) in paragraph (2), in the matter 

9 preceding subparagraph (A), by striking 

10 ‘‘Under Secretary’’ and inserting ‘‘Assist11 ant Secretary’’; and 

12 (iv) in paragraph (3), in the matter 

13 preceding subparagraph (A), by striking 

14 ‘‘Under Secretary’’ and inserting ‘‘Assist15 ant Secretary’’; and 

16 (E) in subsection (c) (as so redesig17 nated)— 

18 (i) by striking ‘‘subsection (c)’’ each 

19 place it appears and inserting ‘‘subsection 

20 (b)’’; and 

21 (ii) by striking ‘‘Under Secretary’’ 

22 and inserting ‘‘Assistant Secretary’’. 

23 SEC. 1102. UPDATES TO NATIONAL FREIGHT PLAN. 

24 Section 70102(b) of title 49, United States Code, is 

25 amended— 


pamtmann on DSKBC07HB2PROD with BILLS
18 

•S 2016 IS

1 (1) in paragraph (10), by striking ‘‘and’’ at the 

2 end; 

3 (2) in paragraph (11), by striking the period at 

4 the end and inserting a semicolon; and 

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

6 ‘‘(12) best practices for reducing environmental 

7 impacts of freight movement (including stormwater 

8 runoff) and improving resiliency of the national 

9 multimodal freight system; 

10 ‘‘(13) consideration of any potential unique im11 pacts of the national freight system on rural and 

12 other underserved and historically disadvantaged 

13 communities; 

14 ‘‘(14) strategies for decarbonizing freight move15 ment, as appropriate; and 

16 ‘‘(15) consideration of the impacts of e-com17 merce on the national multimodal freight system.’’. 

18 SEC. 1103. STATE COLLABORATION WITH NATIONAL 

19 MULTIMODAL FREIGHT NETWORK. 

20 Subsection (b) of section 70103 of title 49, United 

21 States Code (as redesignated by section 1101(c)(3)(C)), 

22 is amended— 

23 (1) in paragraph (3), by striking subparagraph 

24 (C) and inserting the following: 


pamtmann on DSKBC07HB2PROD with BILLS
19 

•S 2016 IS

1 ‘‘(C) provide to the States an opportunity 

2 to submit proposed designations from the 

3 States in accordance with paragraph (4).’’; and 

4 (2) in paragraph (4)— 

5 (A) in subparagraph (C)(i), by striking 

6 ‘‘20 percent’’ and inserting ‘‘30 percent’’; and 

7 (B) by adding at the end the following: 

8 ‘‘(E) CONDITION FOR ACCEPTANCE.—The 

9 Secretary shall accept from a State a designa10 tion under subparagraph (D) only if the Sec11 retary determines that the designation meets 

12 the applicable requirements of subparagraph 

13 (A).’’. 

14 SEC. 1104. IMPROVING STATE FREIGHT PLANS. 

15 (a) IN GENERAL.—Section 70202 of title 49, United 

16 States Code, is amended— 

17 (1) in subsection (b)— 

18 (A) in paragraph (9), by striking ‘‘and’’ at 

19 the end; 

20 (B) by redesignating paragraph (10) as 

21 paragraph (16); and 

22 (C) by inserting after paragraph (9) the 

23 following: 


pamtmann on DSKBC07HB2PROD with BILLS
20 

•S 2016 IS

1 ‘‘(10) the most recent commercial motor vehicle 

2 parking facilities assessment conducted by the State 

3 under subsection (f); 

4 ‘‘(11) the most recent supply chain cargo flows 

5 in the State, expressed by mode of transportation; 

6 ‘‘(12) an inventory of commercial ports in the 

7 State; 

8 ‘‘(13) if applicable, consideration of the findings 

9 or recommendations made by any multi-State freight 

10 compact to which the State is a party under section 

11 70204; 

12 ‘‘(14) the impacts of e-commerce on freight in13 frastructure in the State; 

14 ‘‘(15) considerations of military freight; and’’; 

15 and 

16 (2) by adding at the end the following: 

17 ‘‘(f) COMMERCIAL MOTOR VEHICLE PARKING FA18 CILITIES ASSESSMENTS.—As part of the development or 

19 updating, as applicable, of a State freight plan under this 

20 section, each State that receives funding under section 167 

21 of title 23, in consultation with relevant State motor car22 rier safety personnel, shall conduct an assessment of— 

23 ‘‘(1) the capability of the State, together with 

24 the private sector in the State, to provide adequate 


pamtmann on DSKBC07HB2PROD with BILLS
21 

•S 2016 IS

1 parking facilities and rest facilities for commercial 

2 motor vehicles engaged in interstate transportation; 

3 ‘‘(2) the volume of commercial motor vehicle 

4 traffic in the State; and 

5 ‘‘(3) whether there exist any areas within the 

6 State with a shortage of adequate commercial motor 

7 vehicle parking facilities, including an analysis (eco8 nomic or otherwise, as the State determines to be 

9 appropriate) of the underlying causes of such a 

10 shortage.’’. 

11 (b) ALIGNMENT OF TRANSPORTATION PLANNING.— 

12 Section 70202 of title 49, United States Code, is amend13 ed— 

14 (1) in subsection (d), by striking ‘‘5-year’’ and 

15 inserting ‘‘8-year’’; and 

16 (2) in subsection (e)(1), by striking ‘‘5 years’’ 

17 and inserting ‘‘4 years’’. 

18 SEC. 1105. IMPLEMENTATION OF NATIONAL MULTIMODAL 

19 FREIGHT NETWORK. 

20 Not later than 30 days after the date of enactment 

21 of this Act, the Secretary shall submit to the Committee 

22 on Commerce, Science, and Transportation of the Senate 

23 and the Committee on Transportation and Infrastructure 

24 of the House of Representatives a report that— 


pamtmann on DSKBC07HB2PROD with BILLS
22 

•S 2016 IS

1 (1) describes the status of the designation of 

2 the final National Multimodal Freight Network re3 quired under section 70103 of title 49, United 

4 States Code; 

5 (2) explains the reasons why the designation of 

6 the network referred to in paragraph (1) has not 

7 been finalized, if applicable; and 

8 (3) estimates the date by which that network 

9 will be designated. 

10 SEC. 1106. MULTI-STATE FREIGHT CORRIDOR PLANNING. 

11 (a) IN GENERAL.—Chapter 702 of title 49, United 

12 States Code, is amended— 

13 (1) by redesignating section 70204 as section 

14 70206; and 

15 (2) by inserting after section 70203 the fol16 lowing: 

17 ‘‘§ 70204. Multi-State freight corridor planning 

18 ‘‘(a) CONSENT TO MULTI-STATE FREIGHT MOBILITY

19 COMPACTS.—Congress grants consent to States, cities, re20 gional planning organizations, federally recognized Indian 

21 Tribes, and local public authorities (including public port 

22 authorities) that are regionally linked with an interest in 

23 a specific nationally or regionally significant multi-State 

24 freight corridor to enter into multi-State compacts to pro25 mote the improved mobility of goods, including— 


pamtmann on DSKBC07HB2PROD with BILLS
23 

•S 2016 IS

1 ‘‘(1) identifying projects along the corridor that 

2 benefit multiple States; 

3 ‘‘(2) assembling rights-of-way; and 

4 ‘‘(3) performing capital improvements. 

5 ‘‘(b) FINANCING.—A multi-State freight compact es6 tablished by entities under subsection (a) may provide 

7 that, in order to carry out the compact, the relevant States 

8 or other entities may— 

9 ‘‘(1) accept contributions from a unit of State 

10 or local government; 

11 ‘‘(2) use any Federal or State funds made 

12 available for freight mobility infrastructure planning 

13 or construction, including applying for grants; 

14 ‘‘(3) subject to such terms and conditions as 

15 the States consider to be advisable— 

16 ‘‘(A) borrow money on a short-term basis; 

17 and 

18 ‘‘(B) issue— 

19 ‘‘(i) notes for borrowing under sub20 paragraph (A); and 

21 ‘‘(ii) bonds; and 

22 ‘‘(4) obtain financing by other means permitted 

23 under applicable Federal or State law. 

24 ‘‘(c) ADVISORY COMMITTEES.— 


pamtmann on DSKBC07HB2PROD with BILLS
24 

•S 2016 IS

1 ‘‘(1) IN GENERAL.—A multi-State freight com2 pact under this section may establish a multi-State 

3 freight corridor advisory committee, which shall in4 clude representatives of State departments of trans5 portation and other public and private sector entities 

6 with an interest in freight mobility, such as— 

7 ‘‘(A) ports; 

8 ‘‘(B) freight railroads; 

9 ‘‘(C) shippers; 

10 ‘‘(D) carriers; 

11 ‘‘(E) freight-related associations; 

12 ‘‘(F) third-party logistics providers; 

13 ‘‘(G) the freight industry workforce; 

14 ‘‘(H) environmental organizations; 

15 ‘‘(I) community organizations; and 

16 ‘‘(J) units of local government. 

17 ‘‘(2) ACTIVITIES.—An advisory committee es18 tablished under paragraph (1) may— 

19 ‘‘(A) advise the parties to the applicable 

20 multi-State freight compact with respect to 

21 freight-related priorities, issues, projects, and 

22 funding needs that impact multi-State— 

23 ‘‘(i) freight mobility; and 

24 ‘‘(ii) supply chains; 


pamtmann on DSKBC07HB2PROD with BILLS
25 

•S 2016 IS

1 ‘‘(B) serve as a forum for States, Indian 

2 Tribes, and other public entities to discuss deci3 sions affecting freight mobility; 

4 ‘‘(C) communicate and coordinate multi5 State freight priorities with other organizations; 

6 ‘‘(D) promote the sharing of information 

7 between the private and public sectors with re8 spect to freight issues; and 

9 ‘‘(E) provide information for consideration 

10 in the development of State freight plans under 

11 section 70202. 

12 ‘‘(d) GRANTS.— 

13 ‘‘(1) ESTABLISHMENT.—The Secretary of 

14 Transportation (referred to in this section as the 

15 ‘Secretary’) shall establish a program under which 

16 the Secretary shall provide grants to multi-State 

17 freight compacts that seek to improve a route or cor18 ridor that is a part of the National Multimodal 

19 Freight Network established under section 70103. 

20 ‘‘(2) NEW COMPACTS.— 

21 ‘‘(A) IN GENERAL.—To incentivize the es22 tablishment of multi-State freight compacts, the 

23 Secretary may award a grant to multi-State 

24 freight compacts established under subsection 

25 (a) during the 2-year period beginning on the 


pamtmann on DSKBC07HB2PROD with BILLS
26 

•S 2016 IS

1 date of establishment for operations costs in an 

2 amount of not more than $2,000,000. 

3 ‘‘(B) ELIGIBILITY.—A multi-State freight 

4 compact shall be eligible for a grant under this 

5 paragraph only during the initial 3 years of op6 eration of the compact. 

7 ‘‘(C) REQUIREMENTS.—To be eligible to 

8 receive a grant under this paragraph, a multi9 State freight compact shall— 

10 ‘‘(i) submit to the Secretary an appli11 cation at such time, in such manner, and 

12 containing such information as the Sec13 retary may require; 

14 ‘‘(ii) provide a non-Federal match 

15 equal to not less than 25 percent of the op16 erating costs of the multi-State freight 

17 compact; and 

18 ‘‘(iii) commit to establishing a multi19 State freight corridor advisory committee 

20 under subsection (c)(1) during the initial 

21 2-year period of operation of the compact. 

22 ‘‘(3) EXISTING COMPACTS.— 

23 ‘‘(A) IN GENERAL.—The Secretary may 

24 award a grant to multi-State freight compacts 

25 that are not eligible to receive a grant under 


pamtmann on DSKBC07HB2PROD with BILLS
27 

•S 2016 IS

1 paragraph (2) for operations costs in an 

2 amount of not more than $1,000,000. 

3 ‘‘(B) REQUIREMENTS.—To be eligible to 

4 receive a grant under this paragraph, a multi5 State freight compact shall— 

6 ‘‘(i) submit to the Secretary an appli7 cation at such time, in such manner, and 

8 containing such information as the Sec9 retary may require; 

10 ‘‘(ii) provide a non-Federal match of 

11 not less than 50 percent of the operating 

12 costs of the compact; and 

13 ‘‘(iii) demonstrate that the compact 

14 has established a multi-State freight cor15 ridor advisory committee under subsection 

16 (c)(1). 

17 ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.— 

18 There is authorized to be appropriated to the Sec19 retary $5,000,000 for each fiscal year to carry out 

20 this subsection.’’. 

21 (b) CLERICAL AMENDMENT.—The analysis for chap22 ter 702 of title 49, United States Code, is amended by 

23 striking the item relating to section 70204 and inserting 

24 the following: 

‘‘70204. Multi-State freight corridor planning. 

‘‘70206. Savings provision.’’. 


pamtmann on DSKBC07HB2PROD with BILLS
28 

•S 2016 IS

1 Subtitle B—Multimodal Investment 

2 SEC. 1201. NATIONAL INFRASTRUCTURE PROJECT ASSIST3 ANCE. 

4 Subtitle III of title 49, United States Code, is amend5 ed by adding at the end the following: 

6 ‘‘CHAPTER 67—NATIONAL 

7 INFRASTRUCTURE INVESTMENTS 

‘‘6701. National infrastructure project assistance. 

‘‘6702. Local and regional project assistance. 

8 ‘‘§ 6701. National infrastructure project assistance 

9 ‘‘(a) DEFINITIONS.—In this section: 

10 ‘‘(1) DEPARTMENT.—The term ‘Department’ 

11 means the Department of Transportation. 

12 ‘‘(2) ELIGIBLE ENTITY.—The term ‘eligible en13 tity’ means— 

14 ‘‘(A) a State or a group of States; 

15 ‘‘(B) a metropolitan planning organization; 

16 ‘‘(C) a unit of local government; 

17 ‘‘(D) a political subdivision of a State; 

18 ‘‘(E) a special purpose district or public 

19 authority with a transportation function, includ20 ing a port authority; 

21 ‘‘(F) a Tribal government or a consortium 

22 of Tribal governments; 


pamtmann on DSKBC07HB2PROD with BILLS
29 

•S 2016 IS

1 ‘‘(G) a partnership between Amtrak and 1 

2 or more entities described in subparagraphs (A) 

3 through (F); and 

4 ‘‘(H) a group of entities described in any 

5 of subparagraphs (A) through (G). 

6 ‘‘(3) PROGRAM.—The term ‘program’ means 

7 the program established by subsection (b). 

8 ‘‘(4) SECRETARY.—The term ‘Secretary’ means 

9 the Secretary of Transportation. 

10 ‘‘(5) STATE.—The term ‘State’ means— 

11 ‘‘(A) any of the several States; 

12 ‘‘(B) the District of Columbia; 

13 ‘‘(C) the Commonwealth of Puerto Rico; 

14 ‘‘(D) the Commonwealth of the Northern 

15 Mariana Islands; 

16 ‘‘(E) the United States Virgin Islands; 

17 ‘‘(F) Guam; 

18 ‘‘(G) American Samoa; and 

19 ‘‘(H) any other territory or possession of 

20 the United States. 

21 ‘‘(b) ESTABLISHMENT.—There is established a pro22 gram under which the Secretary shall provide to eligible 

23 entities grants, on a competitive basis pursuant to single24 year or multiyear grant agreements, for projects described 

25 in subsection (d). 


pamtmann on DSKBC07HB2PROD with BILLS
30 

•S 2016 IS

1 ‘‘(c) APPLICATIONS.— 

2 ‘‘(1) IN GENERAL.—To be eligible for a grant 

3 under the program, an eligible entity shall submit to 

4 the Secretary an application at such time, in such 

5 manner, and containing such information as the Sec6 retary determines to be appropriate. 

7 ‘‘(2) PLAN FOR DATA COLLECTION.—An appli8 cation under paragraph (1) shall include a plan for 

9 data collection and analysis described in subsection 

10 (g). 

11 ‘‘(d) ELIGIBLE PROJECTS.—The Secretary may pro12 vide a grant under the program only for a project— 

13 ‘‘(1) that is— 

14 ‘‘(A) a highway or bridge project carried 

15 out on— 

16 ‘‘(i) the National Multimodal Freight 

17 Network established under section 70103; 

18 ‘‘(ii) the National Highway Freight 

19 Network established under section 167 of 

20 title 23; or 

21 ‘‘(iii) the National Highway System 

22 (as defined in section 101(a) of title 23); 

23 ‘‘(B) a freight intermodal (including public 

24 ports) or freight rail project that provides a 

25 public benefit; 


pamtmann on DSKBC07HB2PROD with BILLS
31 

•S 2016 IS

1 ‘‘(C) a railway-highway grade separation 

2 or elimination project; 

3 ‘‘(D) an intercity passenger rail project; 

4 ‘‘(E) a public transportation project that 

5 is— 

6 ‘‘(i) eligible for assistance under chap7 ter 53; and 

8 ‘‘(ii) part of a project described in any 

9 of subparagraphs (A) through (D); or 

10 ‘‘(F) a grouping, combination, or program 

11 of interrelated, connected, or dependent projects 

12 of any of the projects described in subpara13 graphs (A) through (E); and 

14 ‘‘(2) the eligible project costs of which are— 

15 ‘‘(A) reasonably anticipated to equal or ex16 ceed $500,000,000; or 

17 ‘‘(B) for any project funded by the set18 aside under subsection (m)(2)— 

19 ‘‘(i) more than $100,000,000; but 

20 ‘‘(ii) less than $500,000,000. 

21 ‘‘(e) GEOGRAPHICAL DISTRIBUTION.—In providing 

22 grants under this section, the Secretary shall ensure 

23 among grant recipients— 

24 ‘‘(1) geographical diversity; and 


pamtmann on DSKBC07HB2PROD with BILLS
32 

•S 2016 IS

1 ‘‘(2) a balance between rural and urban com2 munities. 

3 ‘‘(f) PROJECT EVALUATION AND SELECTION.— 

4 ‘‘(1) REQUIREMENTS.—The Secretary may se5 lect a project described in subsection (d) to receive 

6 a grant under the program only if the Secretary de7 termines that— 

8 ‘‘(A) the project is likely to generate na9 tional or regional economic, mobility, or safety 

10 benefits; 

11 ‘‘(B) the project is in need of significant 

12 Federal funding; 

13 ‘‘(C) the project will be cost-effective; 

14 ‘‘(D) with respect to related non-Federal 

15 financial commitments, 1 or more stable and 

16 dependable sources of funding and financing 

17 are available— 

18 ‘‘(i) to construct, operate, and main19 tain the project; and 

20 ‘‘(ii) to cover cost increases; and 

21 ‘‘(E) the applicant has, or will have, suffi22 cient legal, financial, and technical capacity to 

23 carry out the project. 


pamtmann on DSKBC07HB2PROD with BILLS
33 

•S 2016 IS

1 ‘‘(2) EVALUATION CRITERIA.—In awarding a 

2 grant under the program, the Secretary shall evalu3 ate— 

4 ‘‘(A) the extent to which a project supports 

5 achieving a state of good repair for each exist6 ing asset to be improved by the project; 

7 ‘‘(B) the level of benefits a project is ex8 pected to generate, including— 

9 ‘‘(i) the costs avoided by the preven10 tion of closure or reduced use of the asset 

11 to be improved by the project; 

12 ‘‘(ii) reductions in maintenance costs 

13 over the life of the applicable asset; 

14 ‘‘(iii) safety benefits, including the re15 duction of serious injuries and fatalities 

16 and related costs; 

17 ‘‘(iv) improved person or freight 

18 throughput, including improved mobility 

19 and reliability; and 

20 ‘‘(v) environmental benefits and 

21 health impacts, such as— 

22 ‘‘(I) reductions in greenhouse gas 

23 emissions; 

24 ‘‘(II) air quality benefits; 


pamtmann on DSKBC07HB2PROD with BILLS
34 

•S 2016 IS

1 ‘‘(III) preventing stormwater 

2 runoff that would be a detriment to 

3 aquatic species; and 

4 ‘‘(IV) improved infrastructure re5 silience; 

6 ‘‘(C) the benefits of the project, as com7 pared to the costs of the project; 

8 ‘‘(D) the number of persons or volume of 

9 freight, as applicable, supported by the project; 

10 and 

11 ‘‘(E) national and regional economic bene12 fits of the project, including with respect to 

13 short- and long-term job access, growth, or cre14 ation. 

15 ‘‘(3) ADDITIONAL CONSIDERATIONS.—In select16 ing projects to receive grants under the program, the 

17 Secretary shall take into consideration— 

18 ‘‘(A) contributions to geographical diver19 sity among grant recipients, including the need 

20 for a balance between the needs of rural and 

21 urban communities; 

22 ‘‘(B) whether multiple States would benefit 

23 from a project; 

24 ‘‘(C) whether, and the degree to which, a 

25 project uses— 


pamtmann on DSKBC07HB2PROD with BILLS
35 

•S 2016 IS

1 ‘‘(i) construction materials or ap2 proaches that have— 

3 ‘‘(I) demonstrated reductions in 

4 greenhouse gas emissions; or 

5 ‘‘(II) reduced the need for main6 tenance of other projects; or 

7 ‘‘(ii) technologies that will allow for 

8 future connectivity and automation; 

9 ‘‘(D) whether a project would benefit— 

10 ‘‘(i) a historically disadvantaged com11 munity or population; or 

12 ‘‘(ii) an area of persistent poverty; 

13 ‘‘(E) whether a project benefits users of 

14 multiple modes of transportation, including— 

15 ‘‘(i) pedestrians; 

16 ‘‘(ii) bicyclists; and 

17 ‘‘(iii) users of nonvehicular, railroad, 

18 and public transportation; and 

19 ‘‘(F) whether a project improves 

20 connectivity between modes of transportation 

21 moving persons or goods nationally or region22 ally. 

23 ‘‘(4) RATINGS.— 

24 ‘‘(A) IN GENERAL.—In evaluating applica25 tions for a grant under the program, the SecVerDate Sep 11 2014 21:39 Jun 14, 2021 Jkt 019200 PO 00000 Frm 00035 Fmt 6652 Sfmt 6201 E:\BILLS\S2016.IS S2016

pamtmann on DSKBC07HB2PROD with BILLS
36 

•S 2016 IS

1 retary shall assign the project proposed in the 

2 application a rating described in subparagraph 

3 (B), based on the information contained in the 

4 applicable notice published under paragraph 

5 (5). 

6 ‘‘(B) RATINGS.— 

7 ‘‘(i) HIGHLY RECOMMENDED.—The 

8 Secretary shall assign a rating of ‘highly 

9 recommended’ to projects that, in the de10 termination of the Secretary— 

11 ‘‘(I) are exemplary projects of 

12 national or regional significance; and 

13 ‘‘(II) would provide significant 

14 public benefit, as determined based on 

15 the applicable criteria described in 

16 this subsection, if funded under the 

17 program. 

18 ‘‘(ii) RECOMMENDED.—The Secretary 

19 shall assign a rating of ‘recommended’ to 

20 projects that, in the determination of the 

21 Secretary— 

22 ‘‘(I) are of national or regional 

23 significance; and 

24 ‘‘(II) would provide public ben25 efit, as determined based on the appliVerDate Sep 11 2014 21:39 Jun 14, 2021 Jkt 019200 PO 00000 Frm 00036 Fmt 6652 Sfmt 6201 E:\BILLS\S2016.IS S2016

pamtmann on DSKBC07HB2PROD with BILLS
37 

•S 2016 IS

1 cable criteria described in this sub2 section, if funded under the program. 

3 ‘‘(iii) NOT RECOMMENDED.—The Sec4 retary shall assign a rating of ‘not rec5 ommended’ to projects that, in the deter6 mination of the Secretary, should not re7 ceive a grant under the program, based on 

8 the applicable criteria described in this 

9 subsection. 

10 ‘‘(C) TECHNICAL ASSISTANCE.— 

11 ‘‘(i) IN GENERAL.—On request of an 

12 eligible entity that submitted an applica13 tion under subsection (c) for a project that 

14 is not selected to receive a grant under the 

15 program, the Secretary shall provide to the 

16 eligible entity technical assistance and 

17 briefings relating to the project. 

18 ‘‘(ii) TREATMENT.—Technical assist19 ance provided under this subparagraph 

20 shall not be considered to provide a guar21 antee of future selection of the applicable 

22 project under the program. 

23 ‘‘(5) PUBLICATION OF PROJECT EVALUATION

24 AND SELECTION CRITERIA.—Not later than 90 days 

25 after the date of enactment of this chapter, the SecVerDate Sep 11 2014 21:39 Jun 14, 2021 Jkt 019200 PO 00000 Frm 00037 Fmt 6652 Sfmt 6201 E:\BILLS\S2016.IS S2016

pamtmann on DSKBC07HB2PROD with BILLS
38 

•S 2016 IS

1 retary shall publish and make publicly available on 

2 the website of the Department a notice that contains 

3 a detailed explanation of— 

4 ‘‘(A) the method by which the Secretary 

5 will determine whether a project satisfies the 

6 applicable requirements described in paragraph 

7 (1); 

8 ‘‘(B) any additional ratings the Secretary 

9 may assign to determine the means by which a 

10 project addresses the selection criteria and ad11 ditional considerations described in paragraphs 

12 (2) and (3); and 

13 ‘‘(C) the means by which the project re14 quirements and ratings referred to in subpara15 graphs (A) and (B) will be used to assign an 

16 overall rating for the project under paragraph 

17 (4). 

18 ‘‘(6) PROJECT SELECTION PRIORITY.—In 

19 awarding grants under the program, the Secretary 

20 shall give priority to projects to which the Secretary 

21 has assigned a rating of ‘highly recommended’ under 

22 paragraph (4)(B)(i). 

23 ‘‘(g) DATA COLLECTION AND ANALYSIS.— 

24 ‘‘(1) PLAN.— 


pamtmann on DSKBC07HB2PROD with BILLS
39 

•S 2016 IS

1 ‘‘(A) IN GENERAL.—An eligible entity 

2 seeking a grant under the program shall submit 

3 to the Secretary, together with the grant appli4 cation, a plan for the collection and analysis of 

5 data to identify in accordance with the frame6 work established under paragraph (2)— 

7 ‘‘(i) the impacts of the project; and 

8 ‘‘(ii) the accuracy of any forecast pre9 pared during the development phase of the 

10 project and included in the grant applica11 tion. 

12 ‘‘(B) CONTENTS.—A plan under subpara13 graph (A) shall include— 

14 ‘‘(i) an approach to measuring— 

15 ‘‘(I) the criteria described in sub16 section (f)(2); and 

17 ‘‘(II) if applicable, the additional 

18 requirements described in subsection 

19 (f)(3); 

20 ‘‘(ii) an approach for analyzing the 

21 consistency of predicted project character22 istics with actual outcomes; and 

23 ‘‘(iii) any other elements that the Sec24 retary determines to be necessary. 


pamtmann on DSKBC07HB2PROD with BILLS
40 

•S 2016 IS

1 ‘‘(2) FRAMEWORK.—The Secretary may publish 

2 a standardized framework for the contents of the 

3 plans under paragraph (1), which may include, as 

4 appropriate— 

5 ‘‘(A) standardized forecasting and meas6 urement approaches; 

7 ‘‘(B) data storage system requirements; 

8 and 

9 ‘‘(C) any other requirements the Secretary 

10 determines to be necessary to carry out this 

11 section. 

12 ‘‘(3) MULTIYEAR GRANT AGREEMENTS.—The 

13 Secretary shall require an eligible entity, as a condi14 tion of receiving funding pursuant to a multiyear 

15 grant agreement under the program, to collect addi16 tional data to measure the impacts of the project 

17 and to accurately track improvements made by the 

18 project, in accordance with a plan described in para19 graph (1). 

20 ‘‘(4) REPORTS.— 

21 ‘‘(A) PROJECT BASELINE.—Before the 

22 date of completion of a project for which a 

23 grant is provided under the program, the eligi24 ble entity carrying out the project shall submit 

25 to the Secretary a report providing baseline 


pamtmann on DSKBC07HB2PROD with BILLS
41 

•S 2016 IS

1 data for the purpose of analyzing the long-term 

2 impact of the project in accordance with the 

3 framework established under paragraph (2). 

4 ‘‘(B) UPDATED REPORT.—Not later than 6 

5 years after the date of completion of a project 

6 for which a grant is provided under the pro7 gram, the eligible entity carrying out the 

8 project shall submit to the Secretary a report 

9 that compares the baseline data included in the 

10 report under subparagraph (A) to project data 

11 collected during the period— 

12 ‘‘(i) beginning on the date that is 5 

13 years after the date of completion of the 

14 project; and 

15 ‘‘(ii) ending on the date on which the 

16 updated report is submitted. 

17 ‘‘(h) ELIGIBLE PROJECT COSTS.— 

18 ‘‘(1) IN GENERAL.—An eligible entity may use 

19 a grant provided under the program for— 

20 ‘‘(A) development-phase activities and 

21 costs, including planning, feasibility analysis, 

22 revenue forecasting, alternatives analysis, data 

23 collection and analysis, environmental review 

24 and activities to support environmental review, 

25 preliminary engineering and design work, and 


pamtmann on DSKBC07HB2PROD with BILLS
42 

•S 2016 IS

1 other preconstruction activities, including the 

2 preparation of a data collection and post-con3 struction analysis plan under subsection (g); 

4 and 

5 ‘‘(B) construction, reconstruction, rehabili6 tation, acquisition of real property (including 

7 land relating to the project and improvements 

8 to that land), environmental mitigation (includ9 ing projects to replace or rehabilitate culverts 

10 or reduce stormwater runoff for the purpose of 

11 improving habitat for aquatic species), con12 struction contingencies, acquisition of equip13 ment, protection, and operational improvements 

14 directly relating to the project. 

15 ‘‘(2) INTEREST AND OTHER FINANCING

16 COSTS.—The interest and other financing costs of 

17 carrying out any part of a project under a multiyear 

18 grant agreement within a reasonable period of time 

19 shall be considered to be an eligible project cost only 

20 if the applicable eligible entity certifies to the Sec21 retary that the eligible entity has demonstrated rea22 sonable diligence in seeking the most favorable fi23 nancing terms. 

24 ‘‘(i) COST SHARING.— 


pamtmann on DSKBC07HB2PROD with BILLS
43 

•S 2016 IS

1 ‘‘(1) IN GENERAL.—The total amount awarded 

2 for a project under the program may not exceed 60 

3 percent of the total eligible project costs described in 

4 subsection (h). 

5 ‘‘(2) MAXIMUM FEDERAL INVOLVEMENT.— 

6 ‘‘(A) IN GENERAL.—Subject to subpara7 graph (B), Federal assistance other than a 

8 grant awarded under the program may be pro9 vided for a project for which a grant is awarded 

10 under the program. 

11 ‘‘(B) LIMITATION.—The total amount of 

12 Federal assistance provided for a project for 

13 which a grant is awarded under the program 

14 shall not exceed 80 percent of the total cost of 

15 the project. 

16 ‘‘(C) LOCAL SHARE.—Secured loans or fi17 nancing provided under section 603 of title 23 

18 or section 22402 of this title and repaid with 

19 local funds or revenues shall be considered to be 

20 part of the local share of the cost of a project. 

21 ‘‘(3) APPLICATION TO MULTIYEAR AGREE22 MENTS.—Notwithstanding any other provision of 

23 this title, in any case in which amounts are provided 

24 under the program pursuant to a multiyear agree25 ment, the disbursed Federal share of the cost of the 


pamtmann on DSKBC07HB2PROD with BILLS
44 

•S 2016 IS

1 project may exceed the limitations described in para2 graphs (1) and (2)(B) for 1 or more years if the 

3 total amount of the Federal share of the cost of the 

4 project, once completed, does not exceed those limi5 tations. 

6 ‘‘(j) GRANT AGREEMENTS.— 

7 ‘‘(1) IN GENERAL.—A project for which an eli8 gible entity receives a multiyear grant under the pro9 gram shall be carried out in accordance with this 

10 subsection. 

11 ‘‘(2) TERMS.—A multiyear grant agreement 

12 under this subsection shall— 

13 ‘‘(A) establish the terms of Federal partici14 pation in the applicable project; 

15 ‘‘(B) establish the maximum amount of 

16 Federal financial assistance for the project; 

17 ‘‘(C) establish a schedule of anticipated 

18 Federal obligations for the project that provides 

19 for obligation of the full grant amount; 

20 ‘‘(D) describe the period of time for com21 pleting the project, regardless of whether that 

22 period extends beyond the period of an author23 ization; and 

24 ‘‘(E) facilitate timely and efficient manage25 ment of the applicable project by the eligible enVerDate Sep 11 2014 21:39 Jun 14, 2021 Jkt 019200 PO 00000 Frm 00044 Fmt 6652 Sfmt 6201 E:\BILLS\S2016.IS S2016

pamtmann on DSKBC07HB2PROD with BILLS
45 

•S 2016 IS

1 tity carrying out the project, in accordance with 

2 applicable law. 

3 ‘‘(3) SPECIAL RULES.— 

4 ‘‘(A) IN GENERAL.—A multiyear grant 

5 agreement under this subsection— 

6 ‘‘(i) shall provide for the obligation of 

7 an amount of available budget authority 

8 specified in law; 

9 ‘‘(ii) may include a commitment, con10 tingent on amounts to be specified in law 

11 in advance for commitments under this 

12 paragraph, to obligate an additional 

13 amount from future available budget au14 thority specified in law; and 

15 ‘‘(iii) shall provide that any funds dis16 bursed under the program for the project 

17 before the completion of any review re18 quired under the National Environmental 

19 Policy Act of 1969 (42 U.S.C. 4321 et 

20 seq.) may only cover costs associated with 

21 development-phase activities described in 

22 subsection (h)(1)(A). 

23 ‘‘(B) CONTINGENT COMMITMENT.—A con24 tingent commitment under this paragraph is 

25 not an obligation of the Federal Government, 


pamtmann on DSKBC07HB2PROD with BILLS
46 

•S 2016 IS

1 including for purposes of section 1501 of title 

2 31. 

3 ‘‘(4) SINGLE-YEAR GRANTS.—The Secretary 

4 may only provide to an eligible entity a full grant 

5 under the program in a single year if all reviews re6 quired under the National Environmental Policy Act 

7 of 1969 (42 U.S.C. 4321 et seq.) with respect to the 

8 applicable project have been completed before the re9 ceipt of any program funds. 

10 ‘‘(k) CONGRESSIONAL NOTIFICATION.— 

11 ‘‘(1) IN GENERAL.—Not later than 30 days be12 fore the date on which the Secretary publishes the 

13 selection of projects to receive grants under the pro14 gram, the Secretary shall submit to the Committee 

15 on Commerce, Science, and Transportation of the 

16 Senate and the Committee on Transportation and 

17 Infrastructure of the House of Representatives a 

18 written notice that includes— 

19 ‘‘(A) a list of all project applications re20 viewed by the Secretary as part of the selection 

21 process; 

22 ‘‘(B) the rating assigned to each project 

23 under subsection (f)(4); 


pamtmann on DSKBC07HB2PROD with BILLS
47 

•S 2016 IS

1 ‘‘(C) an evaluation and justification with 

2 respect to each project for which the Secretary 

3 will— 

4 ‘‘(i) provide a grant under the pro5 gram; and 

6 ‘‘(ii) enter into a multiyear grant 

7 agreement under the program; 

8 ‘‘(D) a description of the means by which 

9 the Secretary anticipates allocating among se10 lected projects the amounts made available to 

11 the Secretary to carry out the program; and 

12 ‘‘(E) anticipated funding levels required 

13 for the 3 fiscal years beginning after the date 

14 of submission of the notice for projects selected 

15 for grants under the program, based on infor16 mation available to the Secretary as of that 

17 date. 

18 ‘‘(2) CONGRESSIONAL DISAPPROVAL.—The Sec19 retary may not provide a grant or any other obliga20 tion or commitment to fund a project under the pro21 gram if a joint resolution is enacted disapproving 

22 funding for the project before the last day of the 30- 

23 day period described in paragraph (1). 

24 ‘‘(l) REPORTS.— 


pamtmann on DSKBC07HB2PROD with BILLS
48 

•S 2016 IS

1 ‘‘(1) TRANSPARENCY.—Not later than 60 days 

2 after the date on which the grants are announced 

3 under the program, the Secretary shall publish on 

4 the website of the Department a report that in5 cludes— 

6 ‘‘(A) a list of all project applications re7 viewed by the Secretary as part of the selection 

8 process under the program; 

9 ‘‘(B) the rating assigned to each project 

10 under subsection (f)(4); and 

11 ‘‘(C) a description of each project for 

12 which a grant has been provided under the pro13 gram. 

14 ‘‘(2) COMPTROLLER GENERAL.— 

15 ‘‘(A) ASSESSMENT.—The Comptroller Gen16 eral of the United States shall conduct an as17 sessment of the administrative establishment, 

18 solicitation, selection, and justification process 

19 with respect to the funding of grants under the 

20 program. 

21 ‘‘(B) REPORT.—Not later than 18 months 

22 after the date on which the initial grants are 

23 awarded for projects under the program, the 

24 Comptroller General shall submit to the Com25 mittee on Commerce, Science, and TransporVerDate Sep 11 2014 21:39 Jun 14, 2021 Jkt 019200 PO 00000 Frm 00048 Fmt 6652 Sfmt 6201 E:\BILLS\S2016.IS S2016

pamtmann on DSKBC07HB2PROD with BILLS
49 

•S 2016 IS

1 tation of the Senate and the Committee on 

2 Transportation and Infrastructure of the House 

3 of Representatives a report that describes, as 

4 applicable— 

5 ‘‘(i) the adequacy and fairness of the 

6 process by which the projects were se7 lected; and 

8 ‘‘(ii) the justification and criteria used 

9 for the selection of the projects. 

10 ‘‘(m) AUTHORIZATION OF APPROPRIATIONS.— 

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

12 appropriated to the Secretary to carry out the pro13 gram $2,000,000,000 for each of fiscal years 2022 

14 through 2026. 

15 ‘‘(2) OTHER PROJECTS.—Of the amounts made 

16 available under paragraph (1), 50 percent shall be 

17 set aside for projects that have a project cost of— 

18 ‘‘(A) more than $100,000,000; but 

19 ‘‘(B) less than $500,000,000. 

20 ‘‘(3) ADMINISTRATIVE EXPENSES.—Of the 

21 amounts made available to carry out the program 

22 for each fiscal year, the Secretary may reserve not 

23 more than 2 percent for the costs of— 

24 ‘‘(A) administering and overseeing the pro25 gram; and 


pamtmann on DSKBC07HB2PROD with BILLS
50 

•S 2016 IS

1 ‘‘(B) hiring personnel for the program, in2 cluding personnel dedicated to processing per3 mitting and environmental review issues. 

4 ‘‘(4) TRANSFER OF AUTHORITY.—The Sec5 retary may transfer any portion of the amounts re6 served under paragraph (3) for a fiscal year to the 

7 Administrator of any of the Federal Highway Ad8 ministration, the Federal Transit Administration, 

9 the Federal Railroad Administration, or the Mari10 time Administration to award and oversee grants in 

11 accordance with this section. 

12 ‘‘(n) ADDITIONAL REQUIREMENTS.—Each project 

13 that receives a grant under the program shall achieve com14 pliance with the applicable requirements of— 

15 ‘‘(1) title 23 relating to highway, road, and 

16 bridge projects; 

17 ‘‘(2) subchapter IV of chapter 31 of title 40; 

18 ‘‘(3) title VI of the Civil Rights Act of 1964 (42 

19 U.S.C. 2000d et seq.); 

20 ‘‘(4) the National Environmental Policy Act of 

21 1969 (42 U.S.C. 4321 et seq.); 

22 ‘‘(5) chapter 53 relating to transit projects; and 

23 ‘‘(6) section 22905, as applicable, relating to 

24 rail projects.’’. 


pamtmann on DSKBC07HB2PROD with BILLS
51 

•S 2016 IS

1 SEC. 1202. LOCAL AND REGIONAL PROJECT ASSISTANCE. 

2 (a) IN GENERAL.—Chapter 67 of subtitle III of title 

3 49, United States Code (as added by section 1201), is 

4 amended by adding at the end the following: 

5 ‘‘§ 6702. Local and regional project assistance 

6 ‘‘(a) DEFINITIONS.—In this section: 

7 ‘‘(1) AREA OF PERSISTENT POVERTY.—The 

8 term ‘area of persistent poverty’ means— 

9 ‘‘(A) any county (or equivalent jurisdic10 tion) in which, during the 30-year period ending 

11 on the date of enactment of this chapter, 20 

12 percent or more of the population continually 

13 lived in poverty, as measured by— 

14 ‘‘(i) the 1990 decennial census; 

15 ‘‘(ii) the 2000 decennial census; and 

16 ‘‘(iii) the most recent annual small 

17 area income and poverty estimate of the 

18 Bureau of the Census; 

19 ‘‘(B) any census tract with a poverty rate 

20 of not less than 20 percent, as measured by the 

21 5-year data series available from the American 

22 Community Survey of the Bureau of the Census 

23 for the period of 2014 through 2018; and 

24 ‘‘(C) any territory or possession of the 

25 United States. 


pamtmann on DSKBC07HB2PROD with BILLS
52 

•S 2016 IS

1 ‘‘(2) ELIGIBLE ENTITY.—The term ‘eligible en2 tity’ means— 

3 ‘‘(A) a State; 

4 ‘‘(B) the District of Columbia; 

5 ‘‘(C) any territory or possession of the 

6 United States; 

7 ‘‘(D) a unit of local government; 

8 ‘‘(E) a public agency or publicly chartered 

9 authority established by 1 or more States; 

10 ‘‘(F) a special purpose district or public 

11 authority with a transportation function, includ12 ing a port authority; 

13 ‘‘(G) a federally recognized Indian Tribe or 

14 a consortium of such Indian Tribes; 

15 ‘‘(H) a transit agency; and 

16 ‘‘(I) a multi-State or multijurisdictional 

17 group of entities described in any of subpara18 graphs (A) through (H). 

19 ‘‘(3) ELIGIBLE PROJECT.—The term ‘eligible 

20 project’ means— 

21 ‘‘(A) a highway or bridge project eligible 

22 for assistance under title 23; 

23 ‘‘(B) a public transportation project eligi24 ble for assistance under chapter 53; 


pamtmann on DSKBC07HB2PROD with BILLS
53 

•S 2016 IS

1 ‘‘(C) a passenger rail or freight rail trans2 portation project eligible for assistance under 

3 this title; 

4 ‘‘(D) a port infrastructure investment, in5 cluding— 

6 ‘‘(i) inland port infrastructure; and 

7 ‘‘(ii) a land port-of-entry; 

8 ‘‘(E) the surface transportation compo9 nents of an airport project eligible for assist10 ance under part B of subtitle VII; 

11 ‘‘(F) a project for investment in a surface 

12 transportation facility located on Tribal land, 

13 the title or maintenance responsibility of which 

14 is vested in the Federal Government; 

15 ‘‘(G) a project to replace or rehabilitate a 

16 culvert or prevent stormwater runoff for the 

17 purpose of improving habitat for aquatic species 

18 that will advance the goal of the program de19 scribed in subsection (b)(2); and 

20 ‘‘(H) any other surface transportation in21 frastructure project that the Secretary con22 siders to be necessary to advance the goal of 

23 the program. 


pamtmann on DSKBC07HB2PROD with BILLS
54 

•S 2016 IS

1 ‘‘(4) PROGRAM.—The term ‘program’ means 

2 the Local and Regional Project Assistance Program 

3 established under subsection (b)(1). 

4 ‘‘(5) RURAL AREA.—The term ‘rural area’ 

5 means an area that is located outside of an urban6 ized area. 

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

8 the Secretary of Transportation. 

9 ‘‘(7) URBANIZED AREA.—The term ‘urbanized 

10 area’ means an area with a population of more than 

11 200,000 residents, based on the most recent decen12 nial census. 

13 ‘‘(b) ESTABLISHMENT.— 

14 ‘‘(1) IN GENERAL.—The Secretary shall estab15 lish and carry out a program, to be known as the 

16 ‘Local and Regional Project Assistance Program’, to 

17 provide for capital investments in surface transpor18 tation infrastructure. 

19 ‘‘(2) GOAL.—The goal of the program shall be 

20 to fund eligible projects that will have a significant 

21 local or regional impact and improve transportation 

22 infrastructure. 

23 ‘‘(c) GRANTS.— 

24 ‘‘(1) IN GENERAL.—In carrying out the pro25 gram, the Secretary may make grants to eligible enVerDate Sep 11 2014 21:39 Jun 14, 2021 Jkt 019200 PO 00000 Frm 00054 Fmt 6652 Sfmt 6201 E:\BILLS\S2016.IS S2016

pamtmann on DSKBC07HB2PROD with BILLS
55 

•S 2016 IS

1 tities, on a competitive basis, in accordance with this 

2 section. 

3 ‘‘(2) AMOUNT.—Except as otherwise provided 

4 in this section, each grant made under the program 

5 shall be in an amount equal to— 

6 ‘‘(A) not less than $5,000,000 for an ur7 banized area; 

8 ‘‘(B) not less than $1,000,000 for a rural 

9 area; and 

10 ‘‘(C) not more than $25,000,000. 

11 ‘‘(3) LIMITATION.—Not more than 15 percent 

12 of the funds made available to carry out the pro13 gram for a fiscal year may be awarded to eligible 

14 projects in a single State during that fiscal year. 

15 ‘‘(d) SELECTION OF ELIGIBLE PROJECTS.— 

16 ‘‘(1) NOTICE OF FUNDING OPPORTUNITY.—Not 

17 later than 60 days after the date on which funds are 

18 made available to carry out the program, the Sec19 retary shall publish a notice of funding opportunity 

20 for the funds. 

21 ‘‘(2) APPLICATIONS.—To be eligible to receive a 

22 grant under the program, an eligible entity shall 

23 submit to the Secretary an application— 


pamtmann on DSKBC07HB2PROD with BILLS
56 

•S 2016 IS

1 ‘‘(A) in such form and containing such in2 formation as the Secretary considers to be ap3 propriate; and 

4 ‘‘(B) by such date as the Secretary may 

5 establish, subject to the condition that the date 

6 shall be not later than 90 days after the date 

7 on which the Secretary issues the solicitation 

8 under paragraph (1). 

9 ‘‘(3) PRIMARY SELECTION CRITERIA.—In 

10 awarding grants under the program, the Secretary 

11 shall evaluate the extent to which a project— 

12 ‘‘(A) improves safety; 

13 ‘‘(B) improves environmental sustain14 ability; 

15 ‘‘(C) improves the quality of life of rural 

16 areas or urbanized areas; 

17 ‘‘(D) increases economic competitiveness 

18 and opportunity; 

19 ‘‘(E) contributes to a state of good repair; 

20 and 

21 ‘‘(F) improves mobility and community 

22 connectivity. 

23 ‘‘(4) ADDITIONAL SELECTION CRITERIA.—In 

24 selecting projects to receive grants under the proVerDate Sep 11 2014 21:39 Jun 14, 2021 Jkt 019200 PO 00000 Frm 00056 Fmt 6652 Sfmt 6201 E:\BILLS\S2016.IS S2016

pamtmann on DSKBC07HB2PROD with BILLS
57 

•S 2016 IS

1 gram, the Secretary shall take into consideration the 

2 extent to which— 

3 ‘‘(A) the project sponsors collaborated with 

4 other public and private entities; 

5 ‘‘(B) the project adopts innovative tech6 nologies or techniques, including— 

7 ‘‘(i) innovative technology; 

8 ‘‘(ii) innovative project delivery tech9 niques; and 

10 ‘‘(iii) innovative project financing; 

11 ‘‘(C) the project has demonstrated readi12 ness; and 

13 ‘‘(D) the project is cost effective. 

14 ‘‘(5) TRANSPARENCY.— 

15 ‘‘(A) IN GENERAL.—The Secretary, shall 

16 evaluate, through a methodology that is discern17 ible and transparent to the public, the means by 

18 which each application submitted under para19 graph (2) addresses the criteria under para20 graphs (3) and (4) or otherwise established by 

21 the Secretary. 

22 ‘‘(B) PUBLICATION.—The methodology 

23 under subparagraph (A) shall be published by 

24 the Secretary as part of the notice of funding 

25 opportunity under the program. 


pamtmann on DSKBC07HB2PROD with BILLS
58 

•S 2016 IS

1 ‘‘(6) AWARDS.—Not later than 270 days after 

2 the date on which amounts are made available to 

3 provide grants under the program for a fiscal year, 

4 the Secretary shall announce the selection by the 

5 Secretary of eligible projects to receive the grants in 

6 accordance with this section. 

7 ‘‘(7) TECHNICAL ASSISTANCE.— 

8 ‘‘(A) IN GENERAL.—On request of an eligi9 ble entity that submitted an application under 

10 paragraph (2) for a project that is not selected 

11 to receive a grant under the program, the Sec12 retary shall provide to the eligible entity tech13 nical assistance and briefings relating to the 

14 project. 

15 ‘‘(B) TREATMENT.—Technical assistance 

16 provided under this paragraph shall not be con17 sidered to provide a guarantee of future selec18 tion of the applicable project under the pro19 gram. 

20 ‘‘(e) FEDERAL SHARE.— 

21 ‘‘(1) IN GENERAL.—Except as provided in para22 graph (2), the Federal share of the cost of an eligi23 ble project carried out using a grant provided under 

24 the program shall not exceed 80 percent. 


pamtmann on DSKBC07HB2PROD with BILLS
59 

•S 2016 IS

1 ‘‘(2) EXCEPTION.—The Federal share of the 

2 cost of an eligible project carried out in a rural area 

3 or an area of persistent poverty using a grant under 

4 this subsection may exceed 80 percent, at the discre5 tion of the Secretary. 

6 ‘‘(3) TREATMENT OF OTHER FEDERAL

7 FUNDS.—Amounts provided under any of the fol8 lowing programs shall be considered to be a part of 

9 the non-Federal share for purposes of this sub10 section: 

11 ‘‘(A) The tribal transportation program 

12 under section 202 of title 23. 

13 ‘‘(B) The Federal lands transportation 

14 program under section 203 of title 23. 

15 ‘‘(C) The TIFIA program (as defined in 

16 section 601(a) of title 23). 

17 ‘‘(D) The Railroad Rehabilitation and Im18 provement Financing Program under chapter 

19 224. 

20 ‘‘(4) LIMITATION.—The Secretary shall not 

21 take into consideration the Federal share in select22 ing eligible projects to receive grants under the pro23 gram. 

24 ‘‘(f) OTHER CONSIDERATIONS.— 


pamtmann on DSKBC07HB2PROD with BILLS
60 

•S 2016 IS

1 ‘‘(1) IN GENERAL.—Of the total amount made 

2 available to carry out the program for each fiscal 

3 year— 

4 ‘‘(A) not more than 50 percent shall be al5 located for eligible projects located in rural 

6 areas; and 

7 ‘‘(B) not more than 50 percent shall be al8 located for eligible projects located in urbanized 

9 areas. 

10 ‘‘(2) HISTORICALLY DISADVANTAGED COMMU11 NITIES AND AREAS OF PERSISTENT POVERTY.—Of 

12 the total amount made available to carry out the 

13 program for each fiscal year, not less than 1 percent 

14 shall be awarded for projects in historically dis15 advantaged communities or areas of persistent pov16 erty. 

17 ‘‘(3) MULTIMODAL AND GEOGRAPHICAL CON18 SIDERATIONS.—In selecting projects to receive 

19 grants under the program, the Secretary shall take 

20 into consideration geographical and modal diversity. 

21 ‘‘(g) PROJECT PLANNING.—Of the amounts made 

22 available to carry out the program for each fiscal year, 

23 not less than 5 percent shall be made available for the 

24 planning, preparation, or design of eligible projects. 


pamtmann on DSKBC07HB2PROD with BILLS
61 

•S 2016 IS

1 ‘‘(h) TRANSFER OF AUTHORITY.—Of the amounts 

2 made available to carry out the program for each fiscal 

3 year, the Secretary may transfer not more than 2 percent 

4 for a fiscal year to the Administrator of any of the Federal 

5 Highway Administration, the Federal Transit Administra6 tion, the Federal Railroad Administration, or the Mari7 time Administration to award and oversee grants and 

8 credit assistance in accordance with this section. 

9 ‘‘(i) CREDIT PROGRAM COSTS.— 

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

11 at the request of an eligible entity, the Secretary 

12 may use a grant provided to the eligible entity under 

13 the program to pay the subsidy or credit risk pre14 mium, and the administrative costs, of an eligible 

15 project that is eligible for Federal credit assistance 

16 under— 

17 ‘‘(A) chapter 224; or 

18 ‘‘(B) chapter 6 of title 23. 

19 ‘‘(2) LIMITATION.—Not more than 20 percent 

20 of the funds made available to carry out the pro21 gram for a fiscal year may be used to carry out 

22 paragraph (1). 

23 ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.—There 

24 is authorized to be appropriated to carry out this section 

25 $1,500,000,000 for each of fiscal years 2022 through 


pamtmann on DSKBC07HB2PROD with BILLS
62 

•S 2016 IS

1 2026, to remain available for a period of 3 fiscal years 

2 following the fiscal year for which the amounts are appro3 priated. 

4 ‘‘(k) REPORTS.— 

5 ‘‘(1) ANNUAL REPORT.—The Secretary shall 

6 make available on the website of the Department of 

7 Transportation at the end of each fiscal year an an8 nual report that describes each eligible project for 

9 which a grant was provided under the program dur10 ing that fiscal year. 

11 ‘‘(2) COMPTROLLER GENERAL.—Not later than 

12 1 year after the date on which the initial grants are 

13 awarded for eligible projects under the program, the 

14 Comptroller General of the United States shall— 

15 ‘‘(A) review the administration of the pro16 gram, including— 

17 ‘‘(i) the solicitation process; and 

18 ‘‘(ii) the selection process, including— 

19 ‘‘(I) the adequacy and fairness of 

20 the process; and 

21 ‘‘(II) the selection criteria; and 

22 ‘‘(B) submit to the Committee on Com23 merce, Science, and Transportation of the Sen24 ate and the Committee on Transportation and 

25 Infrastructure of the House of Representatives 


pamtmann on DSKBC07HB2PROD with BILLS
63 

•S 2016 IS

1 a report describing the findings of the review 

2 under subparagraph (A), including rec3 ommendations for improving the administration 

4 of the program, if any.’’. 

5 (b) CLERICAL AMENDMENT.—The analysis for sub6 title III of title 49, United States Code, is amended by 

7 adding at the end the following: 

‘‘CHAPTER 67—NATIONAL INFRASTRUCTURE INVESTMENTS

‘‘Sec. 6701. National infrastructure project assistance. 

‘‘Sec. 6702. Local and regional project assistance.’’. 

8 SEC. 1203. NATIONAL CULVERT REMOVAL, REPLACEMENT, 

9 AND RESTORATION GRANT PROGRAM. 

10 (a) IN GENERAL.—Chapter 67 of title 49, United 

11 States Code (as amended by section 1202(a)), is amended 

12 by adding at the end the following: 

13 ‘‘§ 6703. National culvert removal, replacement, and 

14 restoration grant program 

15 ‘‘(a) DEFINITIONS.—In this section: 

16 ‘‘(1) INDIAN TRIBE.—The term ‘Indian Tribe’ 

17 has the meaning given the term in section 4 of the 

18 Indian Self-Determination and Education Assistance 

19 Act (25 U.S.C. 5304). 

20 ‘‘(2) PROGRAM.—The term ‘program’ means 

21 the annual competitive grant program established 

22 under subsection (b). 


pamtmann on DSKBC07HB2PROD with BILLS
64 

•S 2016 IS

1 ‘‘(3) SECRETARY.—The term ‘Secretary’ means 

2 the Secretary of Transportation. 

3 ‘‘(4) UNDERSECRETARY.—The term ‘Undersec4 retary’ means the Undersecretary of Commerce for 

5 Oceans and Atmosphere. 

6 ‘‘(b) ESTABLISHMENT.—The Secretary, in consulta7 tion with the Undersecretary, shall establish an annual 

8 competitive grant program to award grants to eligible enti9 ties for— 

10 ‘‘(1) projects for the replacement, removal, and 

11 repair of culverts that would meaningfully improve 

12 or restore fish passage for anadromous fish; or 

13 ‘‘(2) projects with the goal of addressing fresh14 water runoff that impacts marine or anadromous 

15 fish and shellfish species. 

16 ‘‘(c) ELIGIBLE ENTITIES.—An entity eligible to re17 ceive a grant under the program is— 

18 ‘‘(1) a State; 

19 ‘‘(2) a unit of local government; or 

20 ‘‘(3) an Indian Tribe. 

21 ‘‘(d) GRANT SELECTION PROCESS.—The Secretary, 

22 in consultation with the Undersecretary, shall establish a 

23 process for determining criteria for awarding grants under 

24 the program, subject to subsection (e). 


pamtmann on DSKBC07HB2PROD with BILLS
65 

•S 2016 IS

1 ‘‘(e) PRIORITIZATION.—The Secretary, in consulta2 tion with the Undersecretary, shall establish procedures 

3 to prioritize awarding grants under the program to— 

4 ‘‘(1) projects that would improve fish passage 

5 for— 

6 ‘‘(A) anadromous fish stocks listed as an 

7 endangered species or a threatened species 

8 under section 4 of the Endangered Species Act 

9 of 1973 (16 U.S.C. 1533); 

10 ‘‘(B) anadromous fish stocks identified by 

11 the Undersecretary that could reasonably be12 come listed as an endangered species or a 

13 threatened species under that section; 

14 ‘‘(C) anadromous fish stocks identified by 

15 the Undersecretary as prey for endangered spe16 cies, threatened species, or protected species, in17 cluding Southern resident orcas (Orcinus 

18 orcas); or 

19 ‘‘(D) anadromous fish stocks identified by 

20 the Undersecretary as climate resilient stocks; 

21 and 

22 ‘‘(2) with respect to culvert removal, projects 

23 that would open up more than 200 meters of up24 stream habitat before the end of the natural habitat. 


pamtmann on DSKBC07HB2PROD with BILLS
66 

•S 2016 IS

1 ‘‘(f) FEDERAL SHARE.—The Federal share of the 

2 cost of a project carried out with a grant to a State or 

3 a unit of local government under the program shall be not 

4 more than 80 percent. 

5 ‘‘(g) TECHNICAL ASSISTANCE.—The Secretary, in 

6 consultation with the Undersecretary, shall develop a proc7 ess to provide technical assistance to Indian Tribes and 

8 underserved communities to assist in the project design 

9 and grant process and procedures. 

10 ‘‘(h) ADMINISTRATIVE EXPENSES.—Of the amounts 

11 made available for each fiscal year to carry out the pro12 gram, the Secretary and the Undersecretary may use not 

13 more than 2 percent to pay the administrative expenses 

14 necessary to carry out this section. 

15 ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There is 

16 authorized to be appropriated to carry out the program 

17 $800,000,000 for each of fiscal years 2022 through 

18 2026.’’. 

19 (b) CLERICAL AMENDMENT.—The analysis for chap20 ter 67 of title 49, United States Code (as added by section 

21 1202(b)), is amended by adding at the end the following: 

‘‘6703. National culvert removal, replacement, and restoration grant program.’’. 

22 SEC. 1204. NATIONALLY SIGNIFICANT MULTIMODAL 

23 FREIGHT PROJECTS. 

24 (a) IN GENERAL.—Section 117 of title 23, United 

25 States Code, is amended— 


pamtmann on DSKBC07HB2PROD with BILLS
67 

•S 2016 IS

1 (1) in the section heading, by inserting 

2 ‘‘multimodal’’ before ‘‘freight’’; 

3 (2) in subsection (a)(2)— 

4 (A) in subparagraph (C), by striking 

5 ‘‘highway’’ and inserting ‘‘freight’’; and 

6 (B) in subparagraph (E), by striking 

7 ‘‘highway’’ and inserting ‘‘freight’’; 

8 (3) in subsection (d)— 

9 (A) in paragraph (1)(A)— 

10 (i) in clause (iii)(II), by striking ‘‘or’’ 

11 after the semicolon at the end; 

12 (ii) in clause (iv), by striking ‘‘and’’ at 

13 the end and inserting ‘‘or’’; and 

14 (iii) by adding at the end the fol15 lowing: 

16 ‘‘(v) a highway, bridge, or freight 

17 project carried out on the National 

18 Multimodal Freight Network established 

19 under section 70103 of title 49; and’’; and 

20 (B) in paragraph (2), by striking 

21 ‘‘$600,000,000’’ and inserting ‘‘50 percent’’; 

22 (4) in subsection (e)(1)— 

23 (A) by striking ‘‘10 percent’’ and inserting 

24 ‘‘not less than 15 percent’’; 


pamtmann on DSKBC07HB2PROD with BILLS
68 

•S 2016 IS

1 (B) by striking ‘‘subsection (d)(1)(A)’’ and 

2 inserting ‘‘subsection (d)(1)’’; and 

3 (C) by striking ‘‘subsection (d)(1)(B)’’ and 

4 inserting ‘‘subsection (d)(2)’’; 

5 (5) in subsection (f)(2), by inserting ‘‘(including 

6 a project to replace or rehabilitate a culvert, or to 

7 reduce stormwater runoff for the purpose of improv8 ing habitat for aquatic species)’’ after ‘‘environ9 mental mitigation’’; 

10 (6) in subsection (m), by striking paragraph (1) 

11 and inserting the following: 

12 ‘‘(1) IN GENERAL.—Not later than 60 days be13 fore the date on which a grant is provided for a 

14 project under this section, the Secretary shall submit 

15 to the Committees on Commerce, Science, and 

16 Transportation and Environment and Public Works 

17 of the Senate and the Committee on Transportation 

18 and Infrastructure of the House of Representatives 

19 a report describing the proposed grant, including— 

20 ‘‘(A) an evaluation and justification for the 

21 applicable project; and 

22 ‘‘(B) a description of the amount of the 

23 proposed grant award.’’; and 

24 (7) by adding at the end the following: 


pamtmann on DSKBC07HB2PROD with BILLS
69 

•S 2016 IS

1 ‘‘(o) ADDITIONAL AUTHORIZATION OF APPROPRIA2 TIONS.—In addition to amounts made available from the 

3 Highway Trust Fund, there are authorized to be appro4 priated to carry out this section, to remain available for 

5 a period of 3 fiscal years following the fiscal year for which 

6 the amounts are appropriated— 

7 ‘‘(1) $1,100,000,000 for fiscal year 2022; 

8 ‘‘(2) $1,200,000,000 for fiscal year 2023; 

9 ‘‘(3) $1,300,000,000 for fiscal year 2024; 

10 ‘‘(4) $1,400,000,000 for fiscal year 2025; and 

11 ‘‘(5) $1,500,000,000 for fiscal year 2026.’’. 

12 (b) CONFORMING AMENDMENT.—Section 

13 116(d)(1)(D) of title 49, United States Code, is amended 

14 by striking ‘‘freight and highway projects program’’ and 

15 inserting ‘‘multimodal freight and highway projects pro16 gram’’. 

17 SEC. 1205. NATIONAL MULTIMODAL COOPERATIVE 

18 FREIGHT RESEARCH PROGRAM. 

19 (a) IN GENERAL.—Chapter 702 of title 49, United 

20 States Code (as amended by section 1106(a)), is amended 

21 by inserting after section 70204 the following: 

22 ‘‘§ 70205. National multimodal cooperative freight re23 search program 

24 ‘‘(a) ESTABLISHMENT.—Not later than 1 year after 

25 the date of enactment of this section, the Secretary of 


pamtmann on DSKBC07HB2PROD with BILLS
70 

•S 2016 IS

1 Transportation (referred to in this section as the ‘Sec2 retary’) shall establish and support a national cooperative 

3 freight transportation research program. 

4 ‘‘(b) ADMINISTRATION BY NATIONAL ACADEMY OF

5 SCIENCES.— 

6 ‘‘(1) IN GENERAL.—The Secretary shall enter 

7 into an agreement with the National Academy of 

8 Sciences to support and carry out administrative 

9 and management activities under the program estab10 lished under subsection (a). 

11 ‘‘(2) ADVISORY COMMITTEE.—To assist the Na12 tional Academy of Sciences in carrying out this sub13 section, the National Academy shall establish an ad14 visory committee, the members of which represent a 

15 cross-section of multimodal freight stakeholders, in16 cluding— 

17 ‘‘(A) the Department of Transportation 

18 and other relevant Federal departments and 

19 agencies; 

20 ‘‘(B) State (including the District of Co21 lumbia) departments of transportation; 

22 ‘‘(C) units of local government, including 

23 public port authorities; 

24 ‘‘(D) nonprofit entities; 

25 ‘‘(E) institutions of higher education; 


pamtmann on DSKBC07HB2PROD with BILLS
71 

•S 2016 IS

1 ‘‘(F) labor organizations representing em2 ployees in freight industries; and 

3 ‘‘(G) private sector entities representing 

4 various transportation modes. 

5 ‘‘(c) ACTIVITIES.— 

6 ‘‘(1) NATIONAL RESEARCH AGENDA.— 

7 ‘‘(A) IN GENERAL.—The advisory com8 mittee established under subsection (b)(2), in 

9 consultation with interested parties, shall rec10 ommend a national research agenda for the 

11 program in accordance with subsection (d), 

12 which shall include a multiyear strategic plan. 

13 ‘‘(B) ACTION BY INTERESTED PARTIES.— 

14 For purposes of subparagraph (A), an inter15 ested party may— 

16 ‘‘(i) submit to the advisory committee 

17 research proposals; 

18 ‘‘(ii) participate in merit reviews of re19 search proposals and peer reviews of re20 search products; and 

21 ‘‘(iii) receive research results. 

22 ‘‘(2) RESEARCH CONTRACTS AND GRANTS.— 

23 ‘‘(A) IN GENERAL.—The National Acad24 emy of Sciences may award research contracts 


pamtmann on DSKBC07HB2PROD with BILLS
72 

•S 2016 IS

1 and grants under the program established 

2 under subsection (a) through— 

3 ‘‘(i) open competition; and 

4 ‘‘(ii) merit review, conducted on a reg5 ular basis. 

6 ‘‘(B) EVALUATION.— 

7 ‘‘(i) PEER REVIEW.—A contract or 

8 grant for research under subparagraph (A) 

9 may allow peer review of the research re10 sults. 

11 ‘‘(ii) PROGRAMMATIC EVALUATIONS.— 

12 The National Academy of Sciences may 

13 conduct periodic programmatic evaluations 

14 on a regular basis of a contract or grant 

15 for research under subparagraph (A). 

16 ‘‘(C) DISSEMINATION OF FINDINGS.—The 

17 National Academy of Sciences shall disseminate 

18 the findings of any research conducted under 

19 this paragraph to relevant researchers, practi20 tioners, and decisionmakers through— 

21 ‘‘(i) conferences and seminars; 

22 ‘‘(ii) field demonstrations; 

23 ‘‘(iii) workshops; 

24 ‘‘(iv) training programs; 

25 ‘‘(v) presentations; 


pamtmann on DSKBC07HB2PROD with BILLS
73 

•S 2016 IS

1 ‘‘(vi) testimony to government offi2 cials; 

3 ‘‘(vii) publicly accessible websites; 

4 ‘‘(viii) publications for the general 

5 public; and 

6 ‘‘(ix) other appropriate means. 

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

8 date of establishment of the program under sub9 section (a), and annually thereafter, the Secretary 

10 shall make available on a public website a report 

11 that describes the ongoing research and findings 

12 under the program. 

13 ‘‘(d) AREAS FOR RESEARCH.—The national research 

14 agenda under subsection (c)(1) shall consider research in 

15 the following areas: 

16 ‘‘(1) Improving the efficiency and resiliency of 

17 freight movement, including— 

18 ‘‘(A) improving the connections between 

19 rural areas and domestic and foreign markets; 

20 ‘‘(B) maximizing infrastructure utility, in21 cluding improving urban curb-use efficiency; 

22 ‘‘(C) quantifying the national impact of 

23 blocked railroad crossings; 


pamtmann on DSKBC07HB2PROD with BILLS
74 

•S 2016 IS

1 ‘‘(D) improved techniques for estimating 

2 and quantifying public benefits derived from 

3 freight transportation projects; and 

4 ‘‘(E) low-cost methods to reduce conges5 tion at bottlenecks. 

6 ‘‘(2) Adapting to future trends in freight, in7 cluding— 

8 ‘‘(A) considering the impacts of e-com9 merce; 

10 ‘‘(B) automation; and 

11 ‘‘(C) zero-emissions transportation. 

12 ‘‘(3) Workforce considerations in freight, in13 cluding— 

14 ‘‘(A) diversifying the freight transportation 

15 industry workforce; and 

16 ‘‘(B) creating and transitioning a work17 force capable of designing, deploying, and oper18 ating emerging technologies. 

19 ‘‘(e) FEDERAL SHARE.— 

20 ‘‘(1) IN GENERAL.—The Federal share of the 

21 cost of an activity carried out under this section 

22 shall be up to 100 percent. 

23 ‘‘(2) USE OF NON-FEDERAL FUNDS.—In addi24 tion to using funds made available to carry out this 

25 section, the National Academy of Sciences may seek 


pamtmann on DSKBC07HB2PROD with BILLS
75 

•S 2016 IS

1 and accept additional funding from public and pri2 vate entities capable of accepting funding from the 

3 Department of Transportation, States, units of local 

4 government, nonprofit entities, and the private sec5 tor. 

6 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There 

7 is authorized to be appropriated to the Secretary 

8 $3,750,000 for each fiscal year to carry out the program 

9 established under subsection (a), to remain available until 

10 expended. 

11 ‘‘(g) SUNSET.—The program established under sub12 section (a) shall terminate 5 years after the date of enact13 ment of this section.’’. 

14 (b) CLERICAL AMENDMENT.—The analysis for chap15 ter 702 of title 49, United States Code (as amended by 

16 section 1106(b)), is amended by inserting after the item 

17 relating to section 70204 the following: 

‘‘70205. National multimodal cooperative freight research program.’’. 

18 SEC. 1206. RURAL AND TRIBAL INFRASTRUCTURE AD19 VANCEMENT. 

20 (a) DEFINITIONS.—In this section: 

21 (1) BUILD AMERICA BUREAU.—The term 

22 ‘‘Build America Bureau’’ means the National Sur23 face Transportation and Innovative Finance Bureau 

24 established under section 116 of title 49, United 

25 States Code. 


pamtmann on DSKBC07HB2PROD with BILLS
76 

•S 2016 IS

1 (2) ELIGIBLE ENTITY.—The term ‘‘eligible enti2 ty’’ means— 

3 (A) a unit of local government or political 

4 subdivision that is located outside of an urban5 ized area with a population of more than 

6 150,000 residents, as determined by the Bureau 

7 of the Census; 

8 (B) a State seeking to advance a project 

9 located in an area described in subparagraph 

10 (A); and 

11 (C) a federally recognized Indian Tribe. 

12 (3) ELIGIBLE PROGRAM.—The term ‘‘eligible 

13 program’’ means any program described in— 

14 (A) subparagraph (A), (B), or (D) of sec15 tion 116(d)(1) of title 49, United States Code; 

16 or 

17 (B) chapter 67 of that title (as added by 

18 section 1201). 

19 (4) PILOT PROGRAM.—The term ‘‘pilot pro20 gram’’ means the Rural and Tribal Assistance Pilot 

21 Program established under subsection (b)(1). 

22 (b) ESTABLISHMENT.— 

23 (1) IN GENERAL.—The Secretary shall establish 

24 within the Build America Bureau a pilot program, 

25 to be known as the ‘‘Rural and Tribal Assistance 


pamtmann on DSKBC07HB2PROD with BILLS
77 

•S 2016 IS

1 Pilot Program’’, to provide to eligible entities the as2 sistance and information described in paragraph (2). 

3 (2) ASSISTANCE AND INFORMATION.—In car4 rying out the pilot program, the Secretary may pro5 vide to an eligible entity the following: 

6 (A) Financial, technical, and legal assist7 ance to evaluate potential projects reasonably 

8 expected to be eligible to receive funding or fi9 nancing assistance under an eligible program. 

10 (B) Assistance with development-phase ac11 tivities, including— 

12 (i) project planning; 

13 (ii) feasibility studies; 

14 (iii) revenue forecasting and funding 

15 and financing options analyses; 

16 (iv) environmental review; 

17 (v) preliminary engineering and de18 sign work; 

19 (vi) economic assessments and cost20 benefit analyses; 

21 (vii) public benefit studies; 

22 (viii) statutory and regulatory frame23 work analyses; 

24 (ix) value for money studies; 


pamtmann on DSKBC07HB2PROD with BILLS
78 

•S 2016 IS

1 (x) evaluations of costs to sustain the 

2 project; 

3 (xi) evaluating opportunities for pri4 vate financing and project bundling; and 

5 (xii) any other activity determined to 

6 be appropriate by the Secretary. 

7 (C) Information regarding innovative fi8 nancing best practices and case studies, if the 

9 eligible entity is interested in using innovative 

10 financing methods. 

11 (c) ASSISTANCE FROM EXPERT FIRMS.—The Sec12 retary may retain the services of expert firms, including 

13 counsel, in the field of municipal and project finance to 

14 assist in providing financial, technical, and legal assistance 

15 to eligible entities under the pilot program. 

16 (d) WEBSITE.— 

17 (1) DESCRIPTION OF PILOT PROGRAM.— 

18 (A) IN GENERAL.—The Secretary shall 

19 make publicly available on the website of the 

20 Department a description of the pilot program, 

21 including— 

22 (i) the resources available to eligible 

23 entities under the pilot program; and 

24 (ii) the application process established 

25 under paragraph (2)(A). 


pamtmann on DSKBC07HB2PROD with BILLS
79 

•S 2016 IS

1 (B) CLEARINGHOUSE.—The Secretary may 

2 establish a clearinghouse for tools, templates, 

3 and best practices on the page of the website of 

4 the Department that contains the information 

5 described in subparagraph (A). 

6 (2) APPLICATIONS.— 

7 (A) IN GENERAL.—Not later than 180 

8 days after the date of enactment of this Act, 

9 the Secretary shall establish a process by which 

10 an eligible entity may submit to the Secretary 

11 an application under the pilot program, in such 

12 form and containing such information as the 

13 Secretary may require. 

14 (B) ONLINE PORTAL.—The Secretary shall 

15 develop and make available to the public an on16 line portal through which the Secretary may re17 ceive applications under subparagraph (A), on a 

18 rolling basis. 

19 (C) APPROVAL.— 

20 (i) IN GENERAL.—Not later than 60 

21 days after the date on which the Secretary 

22 receives a complete application under sub23 paragraph (A), the Secretary shall provide 

24 to each eligible entity that submitted the 


pamtmann on DSKBC07HB2PROD with BILLS
80 

•S 2016 IS

1 application a notice describing whether the 

2 application is approved or disapproved. 

3 (ii) ADDITIONAL WRITTEN NOTIFICA4 TION.— 

5 (I) IN GENERAL.—Not later than 

6 30 days after the date on which the 

7 Secretary provides to an eligible entity 

8 a notification under clause (i), the 

9 Secretary shall provide to the eligible 

10 entity an additional written notifica11 tion of the approval or disapproval of 

12 the application. 

13 (II) DISAPPROVED APPLICA14 TIONS.—If the application of an eligi15 ble entity is disapproved under this 

16 subparagraph, the additional written 

17 notification provided to the eligible en18 tity under subclause (I) shall include 

19 an offer for a written or telephonic 

20 debrief by the Secretary that will pro21 vide an explanation of, and guidance 

22 regarding, the reasons why the appli23 cation was disapproved. 

24 (iii) INSUFFICIENT APPLICATIONS.— 

25 The Secretary shall not approve an appliVerDate Sep 11 2014 21:39 Jun 14, 2021 Jkt 019200 PO 00000 Frm 00080 Fmt 6652 Sfmt 6201 E:\BILLS\S2016.IS S2016

pamtmann on DSKBC07HB2PROD with BILLS
81 

•S 2016 IS

1 cation under this subparagraph if the ap2 plication fails to meet the applicable cri3 teria established under this section. 

4 (3) DASHBOARD.—The Secretary shall publish 

5 on the website of the Department a monthly report 

6 that includes, for each application received under the 

7 pilot program— 

8 (A) the type of eligible entity that sub9 mitted the application; 

10 (B) the location of each potential project 

11 described in the application; 

12 (C) a brief description of the assistance re13 quested; 

14 (D) the date on which the Secretary re15 ceived the application; and 

16 (E) the date on which the Secretary pro17 vided the notice of approval or disapproval 

18 under paragraph (2)(C)(i). 

19 (e) EXPERTS.—An eligible entity that receives assist20 ance under the pilot program may retain the services of 

21 an expert for any phase of a project carried out using the 

22 assistance, including project development, regardless of 

23 whether the expert is retained by the Secretary under sub24 section (c). 

25 (f) FUNDING.— 


pamtmann on DSKBC07HB2PROD with BILLS
82 

•S 2016 IS

1 (1) IN GENERAL.—For each of fiscal years 

2 2022 through 2026, the Secretary may use to carry 

3 out the pilot program, including to retain the serv4 ices of expert firms under subsection (c), any 

5 amount made available to the Secretary to provide 

6 credit assistance under an eligible program that is 

7 not otherwise obligated, subject to paragraph (2). 

8 (2) LIMITATION.—The amount used under 

9 paragraph (1) to carry out the pilot program shall 

10 be not more than— 

11 (A) $1,600,000 for fiscal year 2022; 

12 (B) $1,800,000 for fiscal year 2023; 

13 (C) $2,000,000 for fiscal year 2024; 

14 (D) $2,200,000 for fiscal year 2025; and 

15 (E) $2,400,000 for fiscal year 2026. 

16 (3) GEOGRAPHICAL DISTRIBUTION.—Not more 

17 than 20 percent of the funds made available to carry 

18 out the pilot program for a fiscal year may be used 

19 for projects in a single State during that fiscal year. 

20 (g) SUNSET.—The pilot program shall terminate on 

21 the date that is 5 years after the date of enactment of 

22 this Act. 

23 (h) NONAPPLICABILITY.—Nothing in this section 

24 limits the ability of the Build America Bureau or the SecVerDate Sep 11 2014 21:39 Jun 14, 2021 Jkt 019200 PO 00000 Frm 00082 Fmt 6652 Sfmt 6201 E:\BILLS\S2016.IS S2016

pamtmann on DSKBC07HB2PROD with BILLS
83 

•S 2016 IS

1 retary to establish or carry out any other assistance pro2 gram under title 23 or title 49, United States Code. 

3 (i) ADMINISTRATION BY BUILD AMERICA BUREAU.— 

4 Section 116(d)(1) of title 49, United States Code, is 

5 amended by adding at the end the following: 

6 ‘‘(E) The Rural and Tribal Assistance 

7 Pilot Program established under section 

8 1206(b)(1) of the Surface Transportation In9 vestment Act of 2021.’’. 

10 Subtitle C—Railroad Rehabilita11 tion and Improvement Financ12 ing Reforms 

13 SEC. 1301. RRIF CODIFICATION AND REFORMS. 

14 (a) CODIFICATION OF TITLE V OF THE RAILROAD

15 REVITALIZATION AND REGULATORY REFORM ACT OF

16 1976.—Part B of subtitle V of title 49, United States 

17 Code, is amended— 

18 (1) by inserting after chapter 223 the following 

19 chapter analysis: 

‘‘CHAPTER 224—RAILROAD REHABILITATION AND IMPROVEMENT FINANCING

‘‘Sec. 

‘‘22401. Definitions. 

‘‘22402. Direct loans and loan guarantees. 

‘‘22403. Administration of direct loans and loan guarantees. 

‘‘22404. Employee protection. 

‘‘22405. Authorization of appropriations.’’; 

20 (2) by inserting after the chapter analysis the 

21 following section headings: 


pamtmann on DSKBC07HB2PROD with BILLS
84 

•S 2016 IS

1 ‘‘§ 22401. Definitions 

2 ‘‘§ 22402. Direct loans and loan guarantees 

3 ‘‘§ 22403. Administration of direct loans and loan 

4 guarantees 

5 ‘‘§ 22404. Employee protection’’; 

6 (3) by inserting after the section heading for 

7 section 22401, as added by paragraph (2), the text 

8 of section 501 of the Railroad Revitalization and 

9 Regulatory Reform Act of 1976 (45 U.S.C. 821); 

10 (4) by inserting after the section heading for 

11 section 22402, as added by paragraph (2), the text 

12 of section 502 of the Railroad Revitalization and 

13 Regulatory Reform Act of 1976 (45 U.S.C. 822); 

14 (5) by inserting after the section heading for 

15 section 22403, as added by paragraph (2), the text 

16 of section 503 of the Railroad Revitalization and 

17 Regulatory Reform Act of 1976 (45 U.S.C. 823); 

18 and 

19 (6) by inserting after the section heading for 

20 section 22404, as added by paragraph (2), the text 

21 of section 504 of the Railroad Revitalization and 

22 Regulatory Reform Act of 1976 (45 U.S.C. 836). 

23 (b) CONFORMING REPEALS.— 

24 (1) IN GENERAL.—Sections 501, 502, 503, and 

25 504 of the Railroad Revitalization and Regulatory 


pamtmann on DSKBC07HB2PROD with BILLS
85 

•S 2016 IS

1 Reform Act of 1976 (45 U.S.C. 821, 822, 823, and 

2 836) are repealed. 

3 (2) SAVINGS PROVISION.—The section repeals 

4 under paragraph (1) shall not affect the rights and 

5 duties that matured under such sections, the pen6 alties that were incurred under such sections, or any 

7 proceeding authorized under any such section that 

8 commenced before the date of enactment of this Act. 

9 (c) DEFINITIONS.—Section 22401 of title 49, United 

10 States Code, as added by subsection (a)(2), and amended 

11 by subsection (a)(3), is further amended— 

12 (1) in the matter preceding paragraph (1), by 

13 striking ‘‘For purposes of this title:’’ and inserting 

14 ‘‘In this chapter:’’; 

15 (2) by amending paragraph (12) to read as fol16 lows: 

17 ‘‘(12) The term ‘railroad’ includes— 

18 ‘‘(A) any ‘railroad’ or ‘railroad carrier’ (as 

19 such terms are defined in section 20102); and 

20 ‘‘(B) any ‘rail carrier’ (as defined in sec21 tion 24102).’’; 

22 (3) by redesignating paragraph (14) as para23 graph (15); and 

24 (4) by inserting after paragraph (13) the fol25 lowing: 


pamtmann on DSKBC07HB2PROD with BILLS
86 

•S 2016 IS

1 ‘‘(14) The term ‘Secretary’ means the Secretary 

2 of Transportation.’’. 

3 (d) DIRECT LOANS AND LOAN GUARANTEES.—Sec4 tion 22402 of title 49, United States Code, as added by 

5 subsection (a)(2), and amended by subsection (a)(4), is 

6 further amended— 

7 (1) in subsection (a)— 

8 (A) in paragraph (2), by inserting ‘‘entities 

9 implementing’’ before ‘‘interstate compacts’’; 

10 (B) in paragraph (5), by striking ‘‘and’’ at 

11 the end; and 

12 (C) by striking paragraph (6) and insert13 ing the following: 

14 ‘‘(6) limited option freight shippers that own or 

15 operate a plant or other facility, solely for the pur16 pose of constructing a rail connection between a 

17 plant or facility and a railroad; and 

18 ‘‘(7) private entities with controlling ownership 

19 in 1 or more freight railroads other than Class I car20 riers.’’; 

21 (2) in subsection (b)— 

22 (A) by amending paragraph (1) to read as 

23 follows: 

24 ‘‘(1) IN GENERAL.—Direct loans and loan guar25 antees authorized under this section shall be used— 


pamtmann on DSKBC07HB2PROD with BILLS
87 

•S 2016 IS

1 ‘‘(A) to acquire, improve, or rehabilitate 

2 intermodal or rail equipment or facilities, in3 cluding track, components of track, cuts and 

4 fills, stations, tunnels, bridges, yards, buildings, 

5 and shops, and costs related to these activities, 

6 including pre-construction costs; 

7 ‘‘(B) to develop or establish new inter8 modal or railroad facilities; 

9 ‘‘(C) to develop landside port infrastruc10 ture for seaports serviced by rail; 

11 ‘‘(D) to refinance outstanding debt in12 curred for the purposes described in subpara13 graph (A), (B), or (C); 

14 ‘‘(E) to reimburse planning, permitting, 

15 and design expenses relating to activities de16 scribed in subparagraph (A), (B), or (C); or 

17 ‘‘(F) to finance economic development, in18 cluding commercial and residential development, 

19 and related infrastructure and activities, that— 

20 ‘‘(i) incorporates private investment of 

21 greater than 20 percent of total project 

22 costs; 

23 ‘‘(ii) is physically connected to, or is 

within 1 24 ⁄2 mile of, a fixed guideway transit 

25 station, an intercity bus station, a pasVerDate Sep 11 2014 21:39 Jun 14, 2021 Jkt 019200 PO 00000 Frm 00087 Fmt 6652 Sfmt 6201 E:\BILLS\S2016.IS S2016

pamtmann on DSKBC07HB2PROD with BILLS
88 

•S 2016 IS

1 senger rail station, or a multimodal station 

2 that includes rail service; 

3 ‘‘(iii) demonstrates the ability of the 

4 applicant to commence the contracting 

5 process for construction not later than 90 

6 days after the date on which the direct 

7 loan or loan guarantee is obligated for the 

8 project under this chapter; and 

9 ‘‘(iv) demonstrates the ability to gen10 erate new revenue for the relevant pas11 senger rail station or service by increasing 

12 ridership, increasing tenant lease pay13 ments, or carrying out other activities that 

14 generate revenue exceeding costs.’’; and 

15 (B) by striking paragraph (3); 

16 (3) in subsection (c)— 

17 (A) in paragraph (1), by striking ‘‘of title 

18 49, United States Code’’; and 

19 (B) in paragraph (5), by striking ‘‘title 49, 

20 United States Code,’’ and inserting ‘‘this title’’; 

21 (4) in subsection (e), by amending paragraph 

22 (1) to read as follows: 

23 ‘‘(1) DIRECT LOANS.—The interest rate on a 

24 direct loan under this section shall be not less than 

25 the yield on United States Treasury securities of a 


pamtmann on DSKBC07HB2PROD with BILLS
89 

•S 2016 IS

1 similar maturity to the maturity of the secured loan 

2 on the date of execution of the loan agreement.’’; 

3 (5) in subsection (f)— 

4 (A) in paragraph (3)— 

5 (i) in the matter preceding subpara6 graph (A)— 

7 (I) by striking ‘‘An applicant 

8 may propose and’’ and inserting 

9 ‘‘Upon receipt of a proposal from an 

10 applicant under this section,’’; and 

11 (II) by striking ‘‘tangible asset’’ 

12 and inserting ‘‘collateral described in 

13 paragraph (6)’’; 

14 (ii) in subparagraph (B)(ii), by insert15 ing ‘‘, including operating or tenant 

16 charges, facility rents, or other fees paid 

17 by transportation service providers or oper18 ators for access to, or the use of, infra19 structure, including rail lines, bridges, tun20 nels, yards, or stations’’ after ‘‘user fees’’; 

21 (iii) in subparagraph (C), by striking 

22 ‘‘$75,000,000’’ and inserting 

23 ‘‘$150,000,000’’; and 

24 (iv) by adding at the end the fol25 lowing: 


pamtmann on DSKBC07HB2PROD with BILLS
90 

•S 2016 IS

1 ‘‘(D) Revenue from projected freight or 

2 passenger demand for the project based on re3 gionally developed economic forecasts, including 

4 projections of any modal diversion resulting 

5 from the project.’’; and 

6 (B) by adding at the end the following: 

7 ‘‘(5) COHORTS OF LOANS.—For any direct loan 

8 issued before the date of enactment of the Fixing 

9 America’s Surface Transportation Act (Public Law 

10 114–94) pursuant to sections 501 through 504 of 

11 the Railroad Revitalization and Regulatory Reform 

12 Act of 1976 (Public Law 94–210), the Secretary 

13 shall repay the credit risk premiums of such loan, 

14 with interest accrued thereon, not later than— 

15 ‘‘(A) 60 days after the date of enactment 

16 of the Surface Transportation Investment Act 

17 of 2021 if the borrower has satisfied all obliga18 tions attached to such loan; or 

19 ‘‘(B) if the borrower has not yet satisfied 

20 all obligations attached to such loan, 60 days 

21 after the date on which all obligations attached 

22 to such loan have been satisfied. 

23 ‘‘(6) COLLATERAL.— 

24 ‘‘(A) TYPES OF COLLATERAL.—An appli25 cant or infrastructure partner may propose tanVerDate Sep 11 2014 21:39 Jun 14, 2021 Jkt 019200 PO 00000 Frm 00090 Fmt 6652 Sfmt 6201 E:\BILLS\S2016.IS S2016

pamtmann on DSKBC07HB2PROD with BILLS
91 

•S 2016 IS

1 gible and intangible assets as collateral, exclu2 sive of goodwill. The Secretary, after evaluating 

3 each such asset— 

4 ‘‘(i) shall accept a net liquidation 

5 value of collateral; and 

6 ‘‘(ii) shall consider and may accept— 

7 ‘‘(I) the market value of collat8 eral; or 

9 ‘‘(II) in the case of a blanket 

10 pledge or assignment of an entire op11 erating asset or basket of assets as 

12 collateral, the market value of assets, 

13 or, the market value of the going con14 cern, considering— 

15 ‘‘(aa) inclusion in the pledge 

16 of all the assets necessary for 

17 independent operational utility of 

18 the collateral, including tangible 

19 assets such as real property, 

20 track and structure, motive 

21 power, equipment and rolling 

22 stock, stations, systems and 

23 maintenance facilities and intan24 gible assets such as long-term 

25 shipping agreements, easements, 


pamtmann on DSKBC07HB2PROD with BILLS
92 

•S 2016 IS

1 leases and access rights such as 

2 for trackage and haulage; 

3 ‘‘(bb) interchange commit4 ments; and 

5 ‘‘(cc) the value of the asset 

6 as determined through the cost 

7 or market approaches, or the 

8 market value of the going con9 cern, with the latter considering 

10 discounted cash flows for a pe11 riod not to exceed the term of the 

12 direct loan or loan guarantee. 

13 ‘‘(B) APPRAISAL STANDARDS.—In evalu14 ating appraisals of collateral under subpara15 graph (A), the Secretary shall consider— 

16 ‘‘(i) adherence to the substance and 

17 principles of the Uniform Standards of 

18 Professional Appraisal Practice, as devel19 oped by the Appraisal Standards Board of 

20 the Appraisal Foundation; and 

21 ‘‘(ii) the qualifications of the apprais22 ers to value the type of collateral offered. 

23 ‘‘(7) REPAYMENT OF CREDIT RISK PRE24 MIUMS.—The Secretary shall return credit risk pre25 miums paid, and interest accrued on such premiums, 


pamtmann on DSKBC07HB2PROD with BILLS
93 

•S 2016 IS

1 to the original source when all obligations of a loan 

2 or loan guarantee have been satisfied. This para3 graph applies to any project that has been granted 

4 assistance under this section after the date of enact5 ment of the Surface Transportation Investment Act 

6 of 2021.’’; 

7 (6) in subsection (g), by amending paragraph 

8 (1) the read as follows: 

9 ‘‘(1) repayment of the obligation is required to 

10 be made within a term that is not longer than the 

11 shorter of— 

12 ‘‘(A) 75 years after the date of substantial 

13 completion of the project; 

14 ‘‘(B) the estimated useful life of the rail 

15 equipment or facilities to be acquired, rehabili16 tated, improved, developed, or established, sub17 ject to an adequate determination of long-term 

18 risk; or 

19 ‘‘(C) for projects determined to have an es20 timated useful life that is longer than 35 years, 

21 the period that is equal to the sum of— 

22 ‘‘(i) 35 years; and 

23 ‘‘(ii) the product of— 


pamtmann on DSKBC07HB2PROD with BILLS
94 

•S 2016 IS

1 ‘‘(I) the difference between the 

2 estimated useful life and 35 years; 

3 multiplied by 

4 ‘‘(II) 75 percent.’’; 

5 (7) in subsection (h)— 

6 (A) in paragraph (3)(B), by striking ‘‘sec7 tion 836 of this title’’ and inserting ‘‘section 

8 22404’’; and 

9 (B) in paragraph (4), by striking 

10 ‘‘(b)(1)(E)’’ and inserting ‘‘(b)(1)(F)’’; 

11 (8) in subsection (i)— 

12 (A) by amending paragraph (4) to read as 

13 follows: 

14 ‘‘(4) STREAMLINE APPLICATION REVIEW PROC15 ESS.— 

16 ‘‘(A) IN GENERAL.—Not later than 180 

17 days after the date of enactment of the Surface 

18 Transportation Investment Act of 2021, the 

19 Secretary shall implement procedures and 

20 measures to economize and make available an 

21 expedited application process or processes at 

22 the request of applicants seeking loans or loan 

23 guarantees. 

24 ‘‘(B) CRITERIA.—Applicants seeking loans 

25 and loan guarantees under this section shall— 


pamtmann on DSKBC07HB2PROD with BILLS
95 

•S 2016 IS

1 ‘‘(i) seek a total loan or loan guar2 antee value not exceeding $150,000,000; 

3 ‘‘(ii) meet eligible project purposes de4 scribed in subparagraphs (A) and (B) of 

5 subsection (b)(1); and 

6 ‘‘(iii) meet other criteria considered 

7 appropriate by the Secretary, in consulta8 tion with the Council on Credit and Fi9 nance of the Department of Transpor10 tation. 

11 ‘‘(C) EXPEDITED CREDIT REVIEW.—The 

12 total period between the submission of an appli13 cation and the approval or disapproval of an 

14 application for a direct loan or loan guarantee 

15 under this paragraph may not exceed 90 days. 

16 If an application review conducted under this 

17 paragraph exceeds 90 days, the Secretary 

18 shall— 

19 ‘‘(i) provide written notice to the ap20 plicant, including a justification for the 

21 delay and updated estimate of the time 

22 needed for approval or disapproval; and 

23 ‘‘(ii) publish the notice on the dash24 board described in paragraph (5).’’; 

25 (B) in paragraph (5)— 


pamtmann on DSKBC07HB2PROD with BILLS
96 

•S 2016 IS

1 (i) in subparagraph (E), by striking 

2 ‘‘and’’ at the end; 

3 (ii) in subparagraph (F), by adding ‘‘; 

4 and’’ at the end; and 

5 (iii) by adding at the end the fol6 lowing: 

7 ‘‘(G) whether the project utilized the expe8 dited application process under paragraph 

9 (4).’’; and 

10 (C) by adding at the end the following: 

11 ‘‘(6) CREDITWORTHINESS REVIEW STATUS.— 

12 ‘‘(A) IN GENERAL.—The Secretary shall 

13 maintain status information related to each ap14 plication for a loan or loan guarantee, which 

15 shall be provided to the applicant upon request, 

16 including— 

17 ‘‘(i) the total value of the proposed 

18 loan or loan guarantee; 

19 ‘‘(ii) the name of the applicant or ap20 plicants submitting the application; 

21 ‘‘(iii) the proposed capital structure of 

22 the project to which the loan or loan guar23 antee would be applied, including the pro24 posed Federal and non-Federal shares of 

25 the total project cost; 


pamtmann on DSKBC07HB2PROD with BILLS
97 

•S 2016 IS

1 ‘‘(iv) the type of activity to receive 

2 credit assistance, including whether the 

3 project is new construction, the rehabilita4 tion of existing rail equipment or facilities, 

5 or the refinancing an existing loan or loan 

6 guarantee; 

7 ‘‘(v) if a deferred payment is pro8 posed, the length of such deferment; 

9 ‘‘(vi) the credit rating or ratings pro10 vided for the applicant; 

11 ‘‘(vii) if other credit instruments are 

12 involved, the proposed subordination rela13 tionship and a description of such other 

14 credit instruments; 

15 ‘‘(viii) a schedule for the readiness of 

16 proposed investments for financing; 

17 ‘‘(ix) a description of any Federal per18 mits required, including under the Na19 tional Environmental Policy Act of 1969 

20 (42 U.S.C. 4321 et seq.) and any waivers 

21 under section 5323(j) (commonly known as 

22 the ‘Buy America Act’); 

23 ‘‘(x) other characteristics of the pro24 posed activity to be financed, borrower, key 

25 agreements, or the nature of the credit 


pamtmann on DSKBC07HB2PROD with BILLS
98 

•S 2016 IS

1 that the Secretary considers to be funda2 mental to the creditworthiness review; 

3 ‘‘(xi) the status of the application in 

4 the pre-application review and selection 

5 process; 

6 ‘‘(xii) the cumulative amounts paid by 

7 the Secretary to outside advisors related to 

8 the application, including financial and 

9 legal advisors; 

10 ‘‘(xiii) a description of the key rating 

11 factors used by the Secretary to determine 

12 credit risk, including— 

13 ‘‘(I) the factors used to deter14 mine risk for the proposed applica15 tion; and 

16 ‘‘(II) an adjectival risk rating for 

17 each identified factor, ranked as ei18 ther low, moderate, or high; 

19 ‘‘(xiv) a nonbinding estimate of the 

20 credit risk premium, which may be in the 

21 form of— 

22 ‘‘(I) a range, based on the assess23 ment of risk factors described in 

24 clause (xiii); or 


pamtmann on DSKBC07HB2PROD with BILLS
99 

•S 2016 IS

1 ‘‘(II) a justification for why the 

2 estimate of the credit risk premium 

3 cannot be determined based on avail4 able information; and 

5 ‘‘(xv) a description of the key infor6 mation the Secretary needs from the appli7 cant to complete the credit review process 

8 and make a final determination of the 

9 credit risk premium. 

10 ‘‘(B) REPORT UPON REQUEST.—The Sec11 retary shall provide the information described 

12 in subparagraph (A) not later than 30 days 

13 after a request from the applicant. 

14 ‘‘(C) EXCEPTION.—Applications processed 

15 using the streamline application review process 

16 under paragraph (4) are not subject to the re17 quirements under this paragraph.’’; and 

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

19 ‘‘(n) NON-FEDERAL SHARE.—The proceeds of a loan 

20 provided under this section may be used as the non-Fed21 eral share of project costs for any grant program adminis22 tered by the Secretary if such loan is repayable from non23 Federal funds.’’. 

24 (e) ADMINISTRATION OF DIRECT LOANS AND LOAN

25 GUARANTEES.—Section 22403 of title 49, United States 


pamtmann on DSKBC07HB2PROD with BILLS
100 

•S 2016 IS

1 Code, as added by subsection (a)(2), and amended by sub2 section (a)(5), is further amended— 

3 (1) in subsection (a)— 

4 (A) by striking ‘‘The Secretary shall’’ and 

5 inserting the following: 

6 ‘‘(1) IN GENERAL.—The Secretary shall’’; and 

7 (B) by adding at the end the following: 

8 ‘‘(2) DOCUMENTATION.—An applicant meeting 

9 the size standard for small business concerns estab10 lished under section 3(a)(2) of the Small Business 

11 Act (15 U.S.C. 632(a)(2)) may provide unaudited fi12 nancial statements as documentation of historical fi13 nancial information if such statements are accom14 panied by the applicant’s Federal tax returns and 

15 Internal Revenue Service tax verifications for the 

16 corresponding years.’’; and 

17 (2) in subsection (m), by striking ‘‘section 822 

18 of this title’’ and inserting ‘‘section 22402’’. 

19 (f) AUTHORIZATION OF APPROPRIATIONS.—Chapter 

20 224 of title 49, United States Code, as added by sub21 section (a), and amended by subsections (b) through (e), 

22 is further amended by adding at the end the following: 

23 ‘‘§ 22405. Authorization of appropriations 

24 ‘‘(a) AUTHORIZATION.— 


pamtmann on DSKBC07HB2PROD with BILLS
101 

•S 2016 IS

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

2 appropriated for credit assistance under this chap3 ter, which shall be provided at the discretion of the 

4 Secretary, $50,000,000 for each of fiscal years 2022 

5 through 2026. 

6 ‘‘(2) REFUND OF PREMIUM.—There is author7 ized to be appropriated to the Secretary 

8 $70,000,000 to repay the credit risk premium in ac9 cordance with section 22402(f)(5). 

10 ‘‘(3) AVAILABILITY.—Amounts appropriated 

11 pursuant to this subsection shall remain available 

12 until expended. 

13 ‘‘(b) USE OF FUNDS.— 

14 ‘‘(1) IN GENERAL.—Credit assistance provided 

15 under subsection (a) may not exceed $20,000,000 

16 for any loan or loan guarantee. 

17 ‘‘(2) ADMINISTRATIVE COSTS.—Not less than 3 

18 percent of the amounts appropriated pursuant to 

19 subsection (a) in each fiscal year shall be made 

20 available to the Secretary for use in place of charges 

21 collected under section 22403(l)(1) for passenger 

22 railroads and freight railroads other than Class I 

23 carriers. 

24 ‘‘(3) SHORT LINE SET-ASIDE.—Not less than 

25 50 percent of the amounts appropriated pursuant to 


pamtmann on DSKBC07HB2PROD with BILLS
102 

•S 2016 IS

1 subsection (a)(1) for each fiscal year shall be set 

2 aside for freight railroads other than Class I car3 riers.’’. 

4 (g) CLERICAL AMENDMENT.—The analysis for title 

5 49, United States Code, is amended by inserting after the 

6 item relating to chapter 223 the following: 

‘‘224. Railroad rehabilitation and improvement financing ................................................................................22401’’. 

7 (h) TECHNICAL AND CONFORMING AMENDMENTS.— 

8 (1) NATIONAL TRAILS SYSTEM ACT.—Section 

9 8(d) of the National Trails System Act (16 U.S.C. 

10 1247(d)) is amended by inserting ‘‘(45 U.S.C. 801 

11 et seq.) and chapter 224 of title 49, United States 

12 Code’’ after ‘‘1976’’. 

13 (2) PASSENGER RAIL REFORM AND INVEST14 MENT ACT.—Section 11315(c) of the Passenger Rail 

15 Reform and Investment Act of 2015 (23 U.S.C. 322 

16 note; Public Law 114–94) is amended by striking 

17 ‘‘sections 502 and 503 of the Railroad Revitalization 

18 and Regulatory Reform Act of 1976’’ and inserting 

19 ‘‘sections 22402 and 22403 of title 49, United 

20 States Code’’. 

21 (3) PROVISIONS CLASSIFIED IN TITLE 45, 

22 UNITED STATES CODE.— 

23 (A) RAILROAD REVITALIZATION AND REG24 ULATORY REFORM ACT OF 1976.—Section 101 


pamtmann on DSKBC07HB2PROD with BILLS
103 

•S 2016 IS

1 of the Railroad Revitalization and Regulatory 

2 Reform Act of 1976 (45 U.S.C. 801) is amend3 ed— 

4 (i) in subsection (a), in the matter 

5 preceding paragraph (1), by striking ‘‘It is 

6 the purpose of the Congress in this Act to’’ 

7 and inserting ‘‘The purpose of this Act and 

8 chapter 224 of title 49, United States 

9 Code, is to’’; and 

10 (ii) in subsection (b), in the matter 

11 preceding paragraph (1), by striking ‘‘It is 

12 declared to be the policy of the Congress in 

13 this Act’’ and inserting ‘‘The policy of this 

14 Act and chapter 224 of title 49, United 

15 States Code, is’’. 

16 (B) RAILROAD INFRASTRUCTURE FINANC17 ING IMPROVEMENT ACT.—The Railroad Infra18 structure Financing Improvement Act (subtitle 

19 F of title XI of Public Law 114–94)— 

20 (i) in section 11607(b) (45 U.S.C. 

21 821 note), by striking ‘‘All provisions 

22 under sections 502 through 504 of the 

23 Railroad Revitalization and Regulatory Re24 form Act of 1976 (45 U.S.C. 801 et seq.)’’ 

25 and inserting ‘‘All provisions under section 


pamtmann on DSKBC07HB2PROD with BILLS
104 

•S 2016 IS

1 22402 through 22404 of title 49, United 

2 States Code,’’; and 

3 (ii) in section 11610(b) (45 U.S.C. 

4 821 note), by striking ‘‘section 502(f) of 

5 the Railroad Revitalization and Regulatory 

6 Reform Act of 1976 (45 U.S.C. 822(f)), as 

7 amended by section 11607 of this Act’’ 

8 and inserting ‘‘section 22402(f) of title 49, 

9 United States Code’’. 

10 (C) TRANSPORTATION EQUITY ACT FOR

11 THE 21ST CENTURY.—Section 7203(b)(2) of the 

12 Transportation Equity Act for the 21st Century 

13 (Public Law 105–178; 45 U.S.C. 821 note) is 

14 amended by striking ‘‘title V of the Railroad 

15 Revitalization and Regulatory Reform Act of 

16 1976 (45 U.S.C. 821 et seq.)’’ and inserting 

17 ‘‘chapter 224 of title 49, United States Code,’’. 

18 (D) HAMM ALERT MARITIME SAFETY ACT

19 OF 2018.—Section 212(d)(1) of Hamm Alert 

20 Maritime Safety Act of 2018 (title II of Public 

21 Law 115–265; 45 U.S.C. 822 note) is amended, 

22 in the matter preceding subparagraph (A), by 

23 striking ‘‘for purposes of section 502(f)(4) of 

24 the Railroad Revitalization and Regulatory Re25 form Act of 1976 (45 U.S.C. 822(f)(4))’’ and 


pamtmann on DSKBC07HB2PROD with BILLS
105 

•S 2016 IS

1 inserting ‘‘for purposes of section 22402 of title 

2 49, United States Code’’. 

3 (E) MILWAUKEE RAILROAD RESTRUC4 TURING ACT.—Section 15(f) of the Milwaukee 

5 Railroad Restructuring Act (45 U.S.C. 914(f)) 

6 is amended by striking ‘‘Section 516 of the 

7 Railroad Revitalization and Regulatory Reform 

8 Act of 1976 (45 U.S.C. 836)’’ and inserting 

9 ‘‘Section 22404 of title 49, United States 

10 Code,’’. 

11 (F) ROCK ISLAND RAILROAD TRANSITION

12 AND EMPLOYEE ASSISTANCE ACT.—Section 

13 104(b) of the Rock Island Railroad Transition 

14 and Employee Assistance Act (45 U.S.C. 

15 1003(b)) is amended— 

16 (i) in paragraph (1)— 

17 (I) by striking ‘‘title V of the 

18 Railroad Revitalization and Regu19 latory Reform Act of 1976 (45 U.S.C. 

20 821 et seq.)’’ and inserting ‘‘chapter 

21 224 of title 49, United States Code,’’; 

22 and 

23 (II) by striking ‘‘and section 

24 18(b) of the Milwaukee Railroad Re25 structuring Act’’; and 


pamtmann on DSKBC07HB2PROD with BILLS
106 

•S 2016 IS

1 (ii) in paragraph (2), by striking 

2 ‘‘title V of the Railroad Revitalization and 

3 Regulatory Reform Act of 1976, and sec4 tion 516 of such Act (45 U.S.C. 836)’’ and 

5 inserting ‘‘chapter 224 of title 49, United 

6 States Code, including section 22404 of 

7 such title,’’. 

8 (G) PASSENGER RAIL INVESTMENT AND

9 IMPROVEMENT ACT OF 2008.—Section 205(g) of 

10 the Passenger Rail Investment and Improve11 ment Act of 2008 (division B of Public Law 

12 110–432; 49 U.S.C. 24101 note) is amended by 

13 striking ‘‘title V of the Railroad Revitalization 

14 and Regulatory Reform Act of 1976 (45 U.S.C. 

15 821 et seq.)’’ and inserting ‘‘chapter 224 of 

16 title 49, United States Code’’. 

17 (H) PASSENGER RAIL REFORM AND IN18 VESTMENT ACT OF 2015.—Section 11311(d) of 

19 the Passenger Rail Reform and Investment Act 

20 of 2015 (Public Law 114–94; 49 U.S.C. 20101 

21 note) is amended by striking ‘‘, and section 502 

22 of the Railroad Revitalization and Regulatory 

23 Reform Act of 1976 (45 U.S.C. 822)’’. 

24 (4) TITLE 49.— 


pamtmann on DSKBC07HB2PROD with BILLS
107 

•S 2016 IS

1 (A) NATIONAL SURFACE TRANSPORTATION

2 AND INNOVATIVE FINANCE BUREAU.—Section 

3 116(d)(1)(B) of title 49, United States Code, is 

4 amended by striking ‘‘sections 501 through 503 

5 of the Railroad Revitalization and Regulatory 

6 Reform Act of 1976 (45 U.S.C. 821–823)’’ and 

7 inserting ‘‘sections 22401 through 22403’’. 

8 (B) PROHIBITED DISCRIMINATION.—Sec9 tion 306(b) of title 49, United States Code, is 

10 amended— 

11 (i) by striking ‘‘chapter 221 or 249 of 

12 this title,’’ and inserting ‘‘chapter 221, 

13 224, or 249 of this title, or’’; and 

14 (ii) by striking ‘‘, or title V of the 

15 Railroad Revitalization and Regulatory Re16 form Act of 1976 (45 U.S.C. 821 et 

17 seq.)’’. 

18 (C) GRANT CONDITIONS.—Section 

19 22905(c)(2)(B) of title 49, United States Code, 

20 is amended by striking ‘‘section 504 of the Rail21 road Revitalization and Regulatory Reform Act 

22 of 1976 (45 U.S.C. 836)’’ and inserting ‘‘sec23 tion 22404’’. 

24 (D) AMTRAK AUTHORITY.—Section 24903 

25 of title 49, United States Code, is amended— 


pamtmann on DSKBC07HB2PROD with BILLS
108 

•S 2016 IS

1 (i) in subsection (a)(6), by striking 

2 ‘‘and the Railroad Revitalization and Reg3 ulatory Reform Act of 1976 (45 U.S.C. 

4 801 et seq.)’’ and inserting ‘‘, the Railroad 

5 Revitalization and Regulatory Reform Act 

6 of 1976 (45 U.S.C. 801 et seq.), and chap7 ter 224 of this title’’; and 

8 (ii) in subsection (c)(2), by striking 

9 ‘‘and the Railroad Revitalization and Reg10 ulatory Reform Act of 1976 (45 U.S.C. 

11 801 et seq.)’’ and inserting ‘‘, the Railroad 

12 Revitalization and Regulatory Reform Act 

13 of 1976 (45 U.S.C. 801 et seq.), and chap14 ter 224 of this title’’. 

15 SEC. 1302. SUBSTANTIVE CRITERIA AND STANDARDS. 

16 Not later than 180 days after the date of enactment 

17 of this Act, the Secretary shall update the publicly avail18 able credit program guide in accordance with the provi19 sions of chapter 224 of title 49, United States Code, as 

20 added by section 1301. 

21 SEC. 1303. SEMIANNUAL REPORT ON TRANSIT-ORIENTED 

22 DEVELOPMENT ELIGIBILITY. 

23 Not later than 6 months after the date of enactment 

24 of this Act, and every 6 months thereafter, the Secretary 

25 shall submit a report to the Committee on Commerce, 


pamtmann on DSKBC07HB2PROD with BILLS
109 

•S 2016 IS

1 Science, and Transportation of the Senate and the Com2 mittee on Transportation and Infrastructure of the House 

3 of Representatives that identifies— 

4 (1) the number of applications submitted to the 

5 Department for a direct loan or loan guarantee 

6 under section 22402(b)(1)(E) of title 49, United 

7 States Code, as amended by section 1301; 

8 (2) the number of such loans or loan guaran9 tees that were provided to the applicants; and 

10 (3) for each such application, the reasons for 

11 providing or declining to provide the requested loan 

12 or loan guarantee. 

13 TITLE II—RAIL 

14 SEC. 2001. SHORT TITLE. 

15 This title may be cited as the ‘‘Passenger Rail Expan16 sion and Rail Safety Act of 2021’’. 

17 Subtitle A—Authorization of 

18 Appropriations 

19 SEC. 2101. GRANTS TO AMTRAK. 

20 (a) NORTHEAST CORRIDOR.—There are authorized 

21 to be appropriated to the Secretary for grants to Amtrak 

22 for activities associated with the Northeast Corridor the 

23 following amounts: 

24 (1) For fiscal year 2022, $1,570,000,000. 

25 (2) For fiscal year 2023, $1,100,000,000. 


pamtmann on DSKBC07HB2PROD with BILLS
110 

•S 2016 IS

1 (3) For fiscal year 2024, $1,200,000,000. 

2 (4) For fiscal year 2025, $1,300,000,000. 

3 (5) For fiscal year 2026, $1,400,000,000. 

4 (b) NATIONAL NETWORK.—There are authorized to 

5 be appropriated to the Secretary for grants to Amtrak for 

6 activities associated with the National Network the fol7 lowing amounts: 

8 (1) For fiscal year 2022, $2,300,000,000. 

9 (2) For fiscal year 2023, $2,200,000,000. 

10 (3) For fiscal year 2024, $2,450,000,000. 

11 (4) For fiscal year 2025, $2,700,000,000. 

12 (5) For fiscal year 2026, $3,000,000,000. 

13 (c) OVERSIGHT.—The Secretary may withhold up to 

14 0.5 percent from the amount appropriated for each fiscal 

15 year pursuant to subsections (a) and (b) for the costs of 

16 oversight of Amtrak. 

17 (d) STATE-SUPPORTED ROUTE COMMITTEE.—The 

18 Secretary may withhold up to $3,000,000 from the 

19 amount appropriated for each fiscal year pursuant to sub20 section (b) for use by the State-Supported Route Com21 mittee established under section 24712(a) of title 49, 

22 United States Code. 

23 (e) NORTHEAST CORRIDOR COMMISSION.—The Sec24 retary may withhold up to $6,000,000 from the amount 

25 appropriated for each fiscal year pursuant to subsection 


pamtmann on DSKBC07HB2PROD with BILLS
111 

•S 2016 IS

1 (a) for use by the Northeast Corridor Commission estab2 lished under section 24905(a) of title 49, United States 

3 Code. 

4 (f) INTERSTATE RAIL COMPACTS.—The Secretary 

5 may withhold up to $3,000,000 from the amount appro6 priated for each fiscal year pursuant to subsection (b) for 

7 grants authorized under section 22910 of title 49, United 

8 States Code. 

9 (g) ACCESSIBILITY UPGRADES.— 

10 (1) IN GENERAL.—The Secretary shall withhold 

11 $50,000,000 from the amount appropriated for each 

12 fiscal year pursuant to subsections (a) and (b) for 

13 grants to assist Amtrak in financing capital projects 

14 to upgrade the accessibility of the national rail pas15 senger transportation system by increasing the num16 ber of existing facilities that are compliant with the 

17 requirements under the Americans with Disabilities 

18 Act of 1990 (42 U.S.C. 12101 et seq.) until the Sec19 retary determines Amtrak’s existing facilities are in 

20 compliance with such requirements. 

21 (2) SAVINGS PROVISION.—Nothing in para22 graph (1) may be construed to prevent Amtrak from 

23 using additional funds appropriated pursuant to this 

24 section to carry out the activities authorized under 

25 such paragraph. 


pamtmann on DSKBC07HB2PROD with BILLS
112 

•S 2016 IS

1 (h) CORRIDOR DEVELOPMENT.—In addition to the 

2 activities authorized under subsection (b), Amtrak may 

3 use up to 10 percent of the amounts appropriated under 

4 subsection (b) in each fiscal year to support Amtrak-oper5 ated corridors selected under section 2306 for— 

6 (1) planning and capital costs; and 

7 (2) operating assistance consistent with the 

8 Federal funding limitations under section 22908 of 

9 title 49, United States Code. 

10 SEC. 2102. FEDERAL RAILROAD ADMINISTRATION. 

11 (a) SAFETY AND OPERATIONS.—There are author12 ized to be appropriated to the Secretary for the operations 

13 of the Federal Railroad Administration and to carry out 

14 railroad safety activities the following amounts: 

15 (1) For fiscal year 2022, $248,000,000. 

16 (2) For fiscal year 2023, $254,000,000. 

17 (3) For fiscal year 2024, $263,000,000. 

18 (4) For fiscal year 2025, $271,000,000. 

19 (5) For fiscal year 2026, $279,000,000. 

20 (b) RAILROAD RESEARCH AND DEVELOPMENT.— 

21 There are authorized to be appropriated to the Secretary 

22 for the use of the Federal Railroad Administration for ac23 tivities associated with railroad research and development 

24 the following amounts: 

25 (1) For fiscal year 2022, $43,000,000. 


pamtmann on DSKBC07HB2PROD with BILLS
113 

•S 2016 IS

1 (2) For fiscal year 2023, $44,000,000. 

2 (3) For fiscal year 2024, $45,000,000. 

3 (4) For fiscal year 2025, $46,000,000. 

4 (5) For fiscal year 2026, $47,000,000. 

5 (c) TRANSPORTATION TECHNOLOGY CENTER.—The 

6 Secretary may withhold up to $3,000,000 from the 

7 amount appropriated for each fiscal year pursuant to sub8 section (b) for activities authorized under section 

9 20108(d) of title 49, United States Code. 

10 (d) RAIL RESEARCH AND DEVELOPMENT CENTER OF

11 EXCELLENCE.—The Secretary may withhold up to 10 per12 cent of the amount appropriated for each fiscal year under 

13 subsection (b) for grants authorized under section 

14 20108(j) of title 49, United States Code. 

15 SEC. 2103. CONSOLIDATED RAIL INFRASTRUCTURE AND 

16 SAFETY IMPROVEMENTS GRANTS. 

17 (a) IN GENERAL.—There is authorized to be appro18 priated to the Secretary for grants under section 22907 

19 of title 49, United States Code, $1,000,000,000 for each 

20 of fiscal years 2022 through 2026. 

21 (b) OVERSIGHT.—The Secretary may withhold up to 

22 2 percent from the amount appropriated for each fiscal 

23 year pursuant to subsection (a) for the costs of project 

24 management oversight of grants authorized under title 49, 

25 United States Code. 


pamtmann on DSKBC07HB2PROD with BILLS
114 

•S 2016 IS

1 SEC. 2104. RAILROAD CROSSING ELIMINATION PROGRAM. 

2 (a) IN GENERAL.—There is authorized to be appro3 priated to the Secretary for grants under section 22909 

4 of title 49, United States Code, as added by section 2305, 

5 $500,000,000 for each of fiscal years 2022 through 2026. 

6 (b) PLANNING PROJECTS.—Not less than 3 percent 

7 of the amount appropriated in each fiscal year pursuant 

8 to subsection (a) year shall be used for planning projects 

9 described in section 22909(d)(6) of title 49, United States 

10 Code. 

11 (c) HIGHWAY-RAIL GRADE CROSSING SAFETY IN12 FORMATION AND EDUCATION PROGRAM.—Of the amount 

13 appropriated under subsection (a) in each fiscal year, 0.25 

14 percent shall be used for contracts or grants to carry out 

15 a highway-rail grade crossing safety information and edu16 cation program— 

17 (1) to help prevent and reduce pedestrian, 

18 motor vehicle, and other accidents, incidents, inju19 ries, and fatalities; and 

20 (2) to improve awareness along railroad rights21 of-way and at highway-rail grade crossings. 

22 (d) OVERSIGHT.—The Secretary may withhold up to 

23 2 percent from the amount appropriated for each fiscal 

24 year pursuant to subsection (a) for the costs of project 

25 management oversight of grants authorized under title 49, 

26 United States Code. 


pamtmann on DSKBC07HB2PROD with BILLS
115 

•S 2016 IS

1 SEC. 2105. RESTORATION AND ENHANCEMENT GRANTS. 

2 (a) IN GENERAL.—There is authorized to be appro3 priated to the Secretary for grants under section 22908 

4 of title 49, United States Code, $50,000,000 for each of 

5 fiscal years 2022 through 2026. 

6 (b) OVERSIGHT.—The Secretary may withhold up to 

7 1 percent of the amount appropriated for each fiscal year 

8 pursuant to subsection (a) for the costs of project manage9 ment oversight of grants authorized under section 22908 

10 of title 49, United States Code. 

11 SEC. 2106. FEDERAL-STATE PARTNERSHIP FOR INTERCITY 

12 PASSENGER RAIL GRANTS. 

13 (a) IN GENERAL.—There is authorized to be appro14 priated to the Secretary for grants under section 24911 

15 of title 49, United States Code, $1,500,000,000 for each 

16 of fiscal years 2022 through 2026. 

17 (b) OVERSIGHT.—The Secretary may withhold up to 

18 2 percent of the amount appropriated under subsection 

19 (a) for the costs of project management oversight of 

20 grants authorized under title 49, United States Code. 

21 SEC. 2107. AMTRAK OFFICE OF INSPECTOR GENERAL. 

22 There are authorized to be appropriated to the Office 

23 of Inspector General of Amtrak the following amounts: 

24 (1) For fiscal year 2022, $26,500,000. 

25 (2) For fiscal year 2023, $27,000,000. 

26 (3) For fiscal year 2024, $27,500,000. 


pamtmann on DSKBC07HB2PROD with BILLS
116 

•S 2016 IS

1 (4) For fiscal year 2025, $28,000,000. 

2 (5) For fiscal year 2026, $28,500,000. 

3 Subtitle B—Amtrak Reforms 

4 SEC. 2201. AMTRAK FINDINGS, MISSION, AND GOALS. 

5 (a) FINDINGS.—Section 24101(a) of title 49, United 

6 States Code, is amended— 

7 (1) in paragraph (1), by striking ‘‘between 

8 crowded urban areas and in other areas of’’ and in9 serting ‘‘throughout’’; 

10 (2) in paragraph (4), by striking ‘‘to Amtrak to 

11 achieve a performance level sufficient to justify ex12 pending public money’’ and inserting ‘‘in order to 

13 meet the intercity passenger rail needs of the United 

14 States’’; 

15 (3) in paragraph (5)— 

16 (A) by inserting ‘‘intercity passenger and’’ 

17 before ‘‘commuter’’; and 

18 (B) by inserting ‘‘and rural’’ after ‘‘major 

19 urban;’’ and 

20 (4) by adding at the end the following: 

21 ‘‘(9) Long-distance routes are valuable resources of 

22 the United States that are used by rural and urban com23 munities.’’. 

24 (b) GOALS.—Section 24101(c) of title 49, United 

25 States Code, is amended— 


pamtmann on DSKBC07HB2PROD with BILLS
117 

•S 2016 IS

1 (1) by amending paragraph (1) to read as fol2 lows: 

3 ‘‘(1) use its best business judgment in acting to 

4 maximize the benefits of Federal investments, in5 cluding— 

6 ‘‘(A) offering competitive fares; 

7 ‘‘(B) increasing revenue from the transpor8 tation of mail and express; 

9 ‘‘(C) offering food service that meets the 

10 needs of its customers; 

11 ‘‘(D) improving its contracts with rail car12 riers over whose tracks Amtrak operates; 

13 ‘‘(E) controlling or reducing management 

14 and operating costs; and 

15 ‘‘(F) providing economic benefits to the 

16 communities it serves;’’; 

17 (2) in paragraph (11), by striking ‘‘and’’ at the 

18 end; 

19 (3) in paragraph (12), by striking the period at 

20 the end and inserting ‘‘; and’’; and 

21 (4) by adding at the end the following: 

22 ‘‘(13) support and maintain established long23 distance routes to provide value to the Nation by 

24 serving customers throughout the United States and 

25 connecting urban and rural communities.’’. 


pamtmann on DSKBC07HB2PROD with BILLS
118 

•S 2016 IS

1 (c) INCREASING REVENUES.—Section 24101(d) of 

2 title 49, United States Code, is amended to read as fol3 lows: 

4 ‘‘(d) INCREASING REVENUES.—Amtrak is encour5 aged to make agreements with private sector entities and 

6 to undertake initiatives that are consistent with good busi7 ness judgment and designed to generate additional reve8 nues to advance the goals described in subsection (c).’’. 

9 SEC. 2202. COMPOSITION OF AMTRAK’S BOARD OF DIREC10 TORS. 

11 (a) SELECTION; COMPOSITION; CHAIR.—Section 

12 24302(a) of title 49, United States Code, is amended— 

13 (1) in paragraph (1)— 

14 (A) in subparagraph (B), by striking 

15 ‘‘President’’ and inserting ‘‘Chief Executive Of16 ficer’’; and 

17 (B) in subparagraph (C), by striking ‘‘or 

18 a’’ and inserting ‘‘(including individuals with 

19 disabilities) or of a’’; 

20 (2) in paragraph (2), by striking ‘‘and try to 

21 provide adequate and balanced representation of the 

22 major geographic regions of the United States 

23 served by Amtrak’’; 

24 (3) by redesignating paragraph (5) as para25 graph (7); and 


pamtmann on DSKBC07HB2PROD with BILLS
119 

•S 2016 IS

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

2 following: 

3 ‘‘(4) Of the individuals appointed pursuant to 

4 paragraph (1)(C)— 

5 ‘‘(A) 2 individuals shall reside in or near 

6 a location served by a regularly scheduled Am7 trak service along the Northeast Corridor; 

8 ‘‘(B) 4 individuals shall reside in or near 

9 regions of the United States that are geographi10 cally distributed outside of the Northeast Cor11 ridor, of whom— 

12 ‘‘(i) 2 individuals shall reside in 

13 States served by a long-distance route op14 erated by Amtrak; 

15 ‘‘(ii) 2 individuals shall reside in 

16 States served by State-supported routes 

17 operated by Amtrak; and 

18 ‘‘(iii) an individual who resides in a 

19 State that is served by a State-supported 

20 route and a long-distance route may be ap21 pointed to serve either position referred to 

22 in clauses (i) and (ii); 

23 ‘‘(C) 2 individuals shall reside either— 


pamtmann on DSKBC07HB2PROD with BILLS
120 

•S 2016 IS

1 ‘‘(i) in or near a location served by a 

2 regularly scheduled Amtrak service on the 

3 Northeast Corridor; or 

4 ‘‘(ii) in a State served by long-dis5 tance or State-supported routes; and 

6 ‘‘(D) each individual appointed to the 

7 Board pursuant to this paragraph may only fill 

8 1 of the allocations set forth in subparagraphs 

9 (A) through (C). 

10 ‘‘(5) The Board shall elect a chairperson and 

11 vice chairperson, other than the Chief Executive Of12 ficer of Amtrak, from among its membership. The 

13 vice chairperson shall act as chairperson in the ab14 sence of the chairperson. 

15 ‘‘(6) The Board shall meet at least annually 

16 with— 

17 ‘‘(A) representatives of Amtrak employees; 

18 ‘‘(B) representatives of persons with dis19 abilities; and 

20 ‘‘(C) the general public, in an open meet21 ing with a virtual attendance option, to discuss 

22 financial performance and service results.’’. 

23 (b) RULE OF CONSTRUCTION.—None of the amend24 ments made by subsection (a) may be construed as affect25 ing the term of any director serving on the Amtrak Board 


pamtmann on DSKBC07HB2PROD with BILLS
121 

•S 2016 IS

1 of Directors under section 24302(a)(1)(C) of title 49, 

2 United States Code, as of the date of enactment of this 

3 Act. 

4 SEC. 2203. STATION AGENTS. 

5 Section 24312 of title 49, United States Code, is 

6 amended by adding at the end the following: 

7 ‘‘(c) AVAILABILITY OF STATION AGENTS.— 

8 ‘‘(1) IN GENERAL.—Except as provided in para9 graph (2), beginning on the date that is 1 year after 

10 the date of enactment of the Passenger Rail Expan11 sion and Rail Safety Act of 2021, Amtrak shall en12 sure that at least 1 Amtrak ticket agent is employed 

13 at each station building— 

14 ‘‘(A) that Amtrak owns, or operates service 

15 through, as part of a long-distance or Northeast 

16 Corridor passenger service route; 

17 ‘‘(B) where at least 1 Amtrak ticket agent 

18 was employed on or after October 1, 2017; and 

19 ‘‘(C) for which an average of 40 pas20 sengers boarded or deboarded an Amtrak vehi21 cle per day during all of the days in fiscal year 

22 2017 when the station was serviced by Amtrak, 

23 regardless of the number of Amtrak vehicles 

24 servicing the station per day. 


pamtmann on DSKBC07HB2PROD with BILLS
122 

•S 2016 IS

1 ‘‘(2) EXCEPTION.—Paragraph (1) shall not 

2 apply to any station building in which a commuter 

3 rail ticket agent has the authority to sell Amtrak 

4 tickets.’’. 

5 SEC. 2204. INCREASING OVERSIGHT OF CHANGES TO AM6 TRAK LONG-DISTANCE ROUTES AND OTHER 

7 INTERCITY SERVICES. 

8 (a) AMTRAK ANNUAL OPERATIONS REPORT.—Sec9 tion 24315(a)(1) of title 49, United States Code, is 

10 amended— 

11 (1) in subparagraph (G), by striking ‘‘and’’ at 

12 the end; 

13 (2) in subparagraph (H), by adding ‘‘and’’ at 

14 the end; and 

15 (3) by adding at the end the following: 

16 ‘‘(I) any change made to a route’s or serv17 ice’s frequency or station stops;’’. 

18 (b) 5-YEAR BUSINESS LINE PLANS.—Section 

19 24320(b)(2) of title 49, United States Code, is amended— 

20 (1) by redesignating subparagraphs (B) 

21 through (L) as subparagraphs (C) through (M), re22 spectively; and 

23 (2) by inserting after subparagraph (A) the fol24 lowing: 


pamtmann on DSKBC07HB2PROD with BILLS
123 

•S 2016 IS

1 ‘‘(B) a detailed description of any plans to 

2 permanently change a route’s or service’s fre3 quency or station stops for the service line;’’. 

4 SEC. 2205. IMPROVED OVERSIGHT OF AMTRAK ACCOUNT5 ING. 

6 Section 24317 of title 49, United States Code, is 

7 amended— 

8 (1) in subsection (a)(2), by striking ‘‘and costs 

9 among Amtrak business lines’’ and inserting ‘‘, in10 cluding Federal grant funds, and costs among Am11 trak service lines’’; 

12 (2) by amending subsection (b) to read as fol13 lows: 

14 ‘‘(b) ACCOUNT STRUCTURE.— 

15 ‘‘(1) IN GENERAL.—The Secretary of Transpor16 tation, in consultation with Amtrak, shall define, 

17 maintain, and periodically update an account struc18 ture and improvements to accounting methodologies, 

19 as necessary, to support the Northeast Corridor and 

20 the National Network. 

21 ‘‘(2) NOTIFICATION OF SUBSTANTIVE

22 CHANGES.—The Secretary shall notify the Com23 mittee on Commerce, Science, and Transportation of 

24 the Senate, the Committee on Appropriations of the 

25 Senate, the Committee on Transportation and InfraVerDate Sep 11 2014 21:39 Jun 14, 2021 Jkt 019200 PO 00000 Frm 00123 Fmt 6652 Sfmt 6201 E:\BILLS\S2016.IS S2016

pamtmann on DSKBC07HB2PROD with BILLS
124 

•S 2016 IS

1 structure of the House of Representatives, and the 

2 Committee on Appropriations of the House of Rep3 resentatives regarding any substantive changes made 

4 to the account structure, including changes to— 

5 ‘‘(A) the service lines described in section 

6 24320(b)(1); and 

7 ‘‘(B) the asset lines described in section 

8 24320(c)(1).’’; 

9 (3) in subsection (c), in the matter preceding 

10 paragraph (1), by inserting ‘‘, maintaining, and up11 dating’’ after ‘‘defining’’; 

12 (4) in subsection (d), in the matter preceding 

13 paragraph (1), by inserting ‘‘, maintaining, and up14 dating’’ after ‘‘defining’’; 

15 (5) by amending subsection (e) to read as fol16 lows: 

17 ‘‘(e) IMPLEMENTATION AND REPORTING.— 

18 ‘‘(1) IN GENERAL.—Amtrak, in consultation 

19 with the Secretary of Transportation, shall maintain 

20 and implement any account structures and improve21 ments defined under subsection (b) to enable Am22 trak to produce sources and uses statements for 

23 each of the service lines described in section 

24 24320(b)(1) and, as appropriate, each of the asset 

25 lines described in section 24320(c)(1), that identify 


pamtmann on DSKBC07HB2PROD with BILLS
125 

•S 2016 IS

1 sources and uses of revenues, appropriations, and 

2 transfers between accounts. 

3 ‘‘(2) UPDATED SOURCES AND USES STATE4 MENTS.—Not later than 30 days after the imple5 mentation of subsection (b), and monthly thereafter, 

6 Amtrak shall submit to the Secretary of Transpor7 tation updated sources and uses statements for each 

8 of the service lines and asset lines referred to in 

9 paragraph (1). The Secretary and Amtrak may 

10 agree to a different frequency of reporting.’’; 

11 (6) by striking subsection (h); and 

12 (7) by redesignating subsection (i) as subsection 

13 (h). 

14 SEC. 2206. IMPROVED OVERSIGHT OF AMTRAK SPENDING. 

15 (a) ALLOCATION OF COSTS AND REVENUES.—Sec16 tion 24318(a) of title 49, United States Code, is amended 

17 by striking ‘‘Not later than 180 days after the date of 

18 enactment of the Passenger Rail Reform and Investment 

19 Act of 2015,’’. 

20 (b) GRANT PROCESS AND REPORTING.—Section 

21 24319 of title 49, United States Code, is amended— 

22 (1) in the section heading, by inserting ‘‘and 

23 reporting’’ after ‘‘process’’; 

24 (2) by amending subsection (a) to read as fol25 lows: 


pamtmann on DSKBC07HB2PROD with BILLS
126 

•S 2016 IS

1 ‘‘(a) PROCEDURES FOR GRANT REQUESTS.—The 

2 Secretary of Transportation shall— 

3 ‘‘(1) establish and maintain substantive and 

4 procedural requirements, including schedules, for 

5 grant requests under this section; and 

6 ‘‘(2) report any changes to such procedures 

7 to— 

8 ‘‘(A) the Committee on Commerce, 

9 Science, and Transportation of the Senate; 

10 ‘‘(B) the Committee on Appropriations of 

11 the Senate; 

12 ‘‘(C) the Committee on Transportation and 

13 Infrastructure of the House of Representatives; 

14 and 

15 ‘‘(D) the Committee on Appropriations of 

16 the House of Representatives.’’; 

17 (3) by amending subsection (c) to read as fol18 lows: 

19 ‘‘(c) CONTENTS.— 

20 ‘‘(1) IN GENERAL.—Each grant request under 

21 subsection (b) shall, as applicable— 

22 ‘‘(A) categorize and identify, by source, the 

23 Federal funds and program income that will be 

24 used for the upcoming fiscal year for each of 

25 the Northeast Corridor and National Network 


pamtmann on DSKBC07HB2PROD with BILLS
127 

•S 2016 IS

1 in 1 of the categories or subcategories set forth 

2 in paragraph (2); 

3 ‘‘(B) describe the operations, services, pro4 grams, projects, and other activities to be fund5 ed within each of the categories set forth in 

6 paragraph (2), including— 

7 ‘‘(i) the estimated scope, schedule, 

8 and budget necessary to complete each 

9 project and program; and 

10 ‘‘(ii) the performance measures used 

11 to quantify expected and actual project 

12 outcomes and benefits, aggregated by fiscal 

13 year, project milestone, and any other ap14 propriate grouping; and 

15 ‘‘(C) describe the status of efforts to im16 prove Amtrak’s safety culture. 

17 ‘‘(2) GRANT CATEGORIES.— 

18 ‘‘(A) OPERATING EXPENSES.—Each grant 

19 request to use Federal funds for operating ex20 penses shall— 

21 ‘‘(i) include estimated net operating 

22 costs not covered by other Amtrak revenue 

23 sources; 


pamtmann on DSKBC07HB2PROD with BILLS
128 

•S 2016 IS

1 ‘‘(ii) specify Federal funding re2 quested for each service line described in 

3 section 24320(b)(1); and 

4 ‘‘(iii) be itemized by route. 

5 ‘‘(B) DEBT SERVICE.—A grant request to 

6 use Federal funds for expenses related to debt, 

7 including payment of principle and interest, as 

8 allowed under section 205 of the Passenger Rail 

9 Investment and Improvement Act of 2008 

10 (Public Law 110–432; 49 U.S.C. 24101 note). 

11 ‘‘(C) CAPITAL.—A grant request to use 

12 Federal funds and program income for capital 

13 expenses shall include capital projects and pro14 grams primarily associated with— 

15 ‘‘(i) normalized capital replacement 

16 programs, including regularly recurring 

17 work programs implemented on a system18 atic basis on classes of physical railroad 

19 assets, such as track, structures, electric 

20 traction and power systems, rolling stock, 

21 and communications and signal systems, to 

22 maintain and sustain the condition and 

23 performance of such assets to support con24 tinued railroad operations; 


pamtmann on DSKBC07HB2PROD with BILLS
129 

•S 2016 IS

1 ‘‘(ii) improvement projects to support 

2 service and safety enhancements, including 

3 discrete projects implemented in accord4 ance with a fixed scope, schedule, and 

5 budget that result in enhanced or new in6 frastructure, equipment, or facilities; 

7 ‘‘(iii) backlog capital replacement 

8 projects, including discrete projects imple9 mented in accordance with a fixed scope, 

10 schedule, and budget that primarily replace 

11 or rehabilitate major infrastructure assets, 

12 including tunnels, bridges, stations, and 

13 similar assets, to reduce the state of good 

14 repair backlog on the Amtrak network; 

15 ‘‘(iv) strategic initiative projects, in16 cluding discrete projects implemented in 

17 accordance with a fixed scope, schedule, 

18 and budget that primarily improve overall 

19 operational performance, lower costs, or 

20 otherwise improve Amtrak’s corporate effi21 ciency; and 

22 ‘‘(v) statutory, regulatory, or other le23 gally mandated projects, including discrete 

24 projects implemented in accordance with a 

25 fixed scope, schedule, and budget that enVerDate Sep 11 2014 21:39 Jun 14, 2021 Jkt 019200 PO 00000 Frm 00129 Fmt 6652 Sfmt 6201 E:\BILLS\S2016.IS S2016

pamtmann on DSKBC07HB2PROD with BILLS
130 

•S 2016 IS

1 able Amtrak to fulfill specific legal or regu2 latory mandates. 

3 ‘‘(D) CONTINGENCY.—A grant request to 

4 use Federal funds for operating and capital ex5 pense contingency shall include— 

6 ‘‘(i) contingency levels for specified 

7 activities and operations; and 

8 ‘‘(ii) a process for the utilization of 

9 such contingency. 

10 ‘‘(3) MODIFICATION OF CATEGORIES.—The 

11 Secretary of Transportation and Amtrak may jointly 

12 agree to modify the categories set forth in paragraph 

13 (2) if such modifications are necessary to improve 

14 the transparency, oversight, or delivery of projects 

15 funded through grant requests under this section.’’; 

16 (4) in subsection (d)(1)(A)— 

17 (A) by inserting ‘‘complete’’ after ‘‘submits 

18 a’’; 

19 (B) by striking ‘‘shall complete’’ and in20 serting ‘‘shall finish’’; and 

21 (C) in clause (ii), by striking ‘‘incomplete 

22 or’’; 

23 (5) in subsection (e)— 

24 (A) in paragraph (1)— 


pamtmann on DSKBC07HB2PROD with BILLS
131 

•S 2016 IS

1 (i) by striking ‘‘and other activities to 

2 be funded by the grant’’ and inserting 

3 ‘‘programs, projects, and other activities to 

4 be funded by the grant, consistent with the 

5 categories required for Amtrak in a grant 

6 request under subsection (c)(1)(A)’’; and 

7 (ii) by striking ‘‘or activities’’ and in8 serting ‘‘programs, projects, and other ac9 tivities’’; and 

10 (B) in paragraph (3)— 

11 (i) by redesignating subparagraphs 

12 (A) and (B) as subparagraphs (B) and 

13 (C), respectively; and 

14 (ii) by inserting before subparagraph 

15 (B), as redesignated, the following: 

16 ‘‘(A) using an otherwise allowable ap17 proach to the method prescribed for a specific 

18 project or category of projects under paragraph 

19 (2) if the Secretary and Amtrak agree that a 

20 different payment method is necessary to more 

21 successfully implement and report on an oper22 ation, service, program, project, or other activ23 ity;’’; 

24 (6) by redesignating subsection (h) as sub25 section (j); and 


pamtmann on DSKBC07HB2PROD with BILLS
132 

•S 2016 IS

1 (7) by inserting after subsection (g) the fol2 lowing: 

3 ‘‘(h) APPLICABLE LAWS AND REGULATIONS.— 

4 ‘‘(1) SINGLE AUDIT ACT OF 1984.—Notwith5 standing section 24301(a)(3) of this title and section 

6 7501(a)(13) of title 31, Amtrak shall be deemed a 

7 ‘non-Federal entity’ for purposes of chapter 75 of 

8 title 31. 

9 ‘‘(2) REGULATIONS AND GUIDANCE.—The Sec10 retary of Transportation may apply some or all of 

11 the requirements set forth in the regulations and 

12 guidance promulgated by the Secretary relating to 

13 the management, administration, cost principles, and 

14 audit requirements for Federal awards. 

15 ‘‘(i) AMTRAK GRANT REPORTING.—The Secretary of 

16 Transportation shall determine the varying levels of detail 

17 and information that will be included in reports for oper18 ations, services, program, projects, program income, cash 

19 on hand, and other activities within each of the grant cat20 egories described in subsection (c)(2).’’. 

21 (c) CONFORMING AMENDMENTS.— 

22 (1) REPORTS AND AUDITS.—Section 

23 24315(b)(1) of title 49, United States Code, is 

24 amended— 


pamtmann on DSKBC07HB2PROD with BILLS
133 

•S 2016 IS

1 (A) in subparagraph (A), by striking ‘‘the 

2 goal of section 24902(b) of this title; and’’ and 

3 inserting ‘‘the goal described in section 

4 24902(a);’’; 

5 (B) in subparagraph (B), by striking the 

6 period at the end and inserting ‘‘; and’’; and 

7 (C) by adding at the end the following: 

8 ‘‘(C) shall incorporate the categories de9 scribed in section 24319(c)(2).’’. 

10 (2) CLERICAL AMENDMENT.—The analysis for 

11 chapter 243 of title 49, United States Code, is 

12 amended by striking the item relating to section 

13 24319 and inserting the following: 

‘‘24319. Grant process and reporting.’’. 

14 SEC. 2207. INCREASING SERVICE LINE AND ASSET LINE 

15 PLAN TRANSPARENCY. 

16 (a) IN GENERAL.—Section 24320 of title 49, United 

17 States Code, is amended— 

18 (1) in the section heading, by striking ‘‘busi19 ness line and asset plans’’ and inserting 

20 ‘‘service line and asset line plans’’; 

21 (2) in subsection (a)— 

22 (A) in paragraph (1)— 

23 (i) by striking ‘‘of each year’’ and in24 serting ‘‘, 2020, and biennially thereafter’’; 


pamtmann on DSKBC07HB2PROD with BILLS
134 

•S 2016 IS

1 (ii) by striking ‘‘5-year business line 

2 plans and 5-year asset plans’’ and insert3 ing ‘‘5-year service line plans and 5-year 

4 asset line plans’’; and 

5 (iii) by adding at the end the fol6 lowing: ‘‘During each year in which Am7 trak is not required to submit a plan under 

8 this paragraph, Amtrak shall submit to 

9 Congress updated financial sources and 

10 uses statements and forecasts with the an11 nual report required under section 

12 24315(b).’’; and 

13 (B) in paragraph (2), by striking ‘‘asset 

14 plan required in’’ and inserting ‘‘asset line plan 

15 required under’’; 

16 (3) in subsection (b)— 

17 (A) in the subsection heading, by striking 

18 ‘‘BUSINESS’’ and inserting ‘‘SERVICE’’; 

19 (B) in paragraph (1)— 

20 (i) in the paragraph heading, by strik21 ing ‘‘BUSINESS’’ and inserting ‘‘SERVICE’’; 

22 (ii) by striking ‘‘business’’ each place 

23 such term appears and inserting ‘‘service’’; 

24 (iii) by amending subparagraph (B) to 

25 read as follows: 


pamtmann on DSKBC07HB2PROD with BILLS
135 

•S 2016 IS

1 ‘‘(B) Amtrak State-supported train serv2 ices.’’; 

3 (iv) in subparagraph (C), by striking 

4 ‘‘routes’’ and inserting ‘‘train services’’; 

5 and 

6 (v) by adding at the end the following: 

7 ‘‘(E) Infrastructure access services for use 

8 of Amtrak-owned or Amtrak-controlled infra9 structure and facilities.’’; 

10 (C) in paragraph (2)— 

11 (i) in the paragraph heading, by strik12 ing ‘‘BUSINESS’’ and inserting ‘‘SERVICE’’; 

13 (ii) by striking ‘‘business’’ each place 

14 such term appears and inserting ‘‘service’’; 

15 (iii) in subparagraph (A), by striking 

16 ‘‘Strategic Plan and 5-year asset plans’’ 

17 and inserting ‘‘5-year asset line plans’’; 

18 (iv) in subparagraph (F) (as redesig19 nated by section 2204(b)(1)), by striking 

20 ‘‘profit and loss’’ and inserting ‘‘sources 

21 and uses’’; 

22 (v) by striking subparagraph (G) (as 

23 redesignated by section 2204(b)(1)); 

24 (vi) by redesignating subparagraphs 

25 (H) through (M) (as redesignated by secVerDate Sep 11 2014 21:39 Jun 14, 2021 Jkt 019200 PO 00000 Frm 00135 Fmt 6652 Sfmt 6201 E:\BILLS\S2016.IS S2016

pamtmann on DSKBC07HB2PROD with BILLS
136 

•S 2016 IS

1 tion 2204(b)(1)) as subparagraphs (G) 

2 through (L), respectively; and 

3 (vii) by amending subparagraph (I) 

4 (as so redesignated) to read as follows: 

5 ‘‘(I) financial performance for each route, 

6 if deemed applicable by the Secretary, within 

7 each service line, including descriptions of the 

8 cash operating loss or contribution;’’; 

9 (D) in paragraph (3)— 

10 (i) in the paragraph heading, by strik11 ing ‘‘BUSINESS’’ and inserting ‘‘SERVICE’’; 

12 (ii) by striking ‘‘business’’ each place 

13 such term appears and inserting ‘‘service’’; 

14 (iii) by redesignating subparagraphs 

15 (A), (B), (C), and (D) as clauses (i), (ii), 

16 (iii), and (iv), respectively, and moving 

17 such clauses 2 ems to the right; 

18 (iv) by inserting before clause (i), as 

19 redesignated, the following: 

20 ‘‘(A) not later than 180 days after the date 

21 of enactment of the Passenger Rail Expansion 

22 and Rail Safety Act of 2021, submit to the Sec23 retary, for approval, a consultation process for 

24 the development of each service line plan that 

25 requires Amtrak to—’’; 


pamtmann on DSKBC07HB2PROD with BILLS
137 

•S 2016 IS

1 (v) in subparagraph (A), as amended 

2 by clause (iv)— 

3 (I) in clause (iii), as redesig4 nated, by inserting ‘‘and submit the 

5 final service line plan required under 

6 subsection (a)(1) to the State-Sup7 ported Route Committee’’ before the 

8 semicolon at the end; 

9 (II) in clause (iv), as redesig10 nated, by inserting ‘‘and’’ after the 

11 semicolon at the end; and 

12 (III) by adding at the end the 

13 following: 

14 ‘‘(v) for the infrastructure access serv15 ice line plan, consult with the Northeast 

16 Corridor Commission and other entities, as 

17 appropriate, and submit the final asset line 

18 plan under subsection (a)(1) to the North19 east Corridor Commission;’’; and 

20 (vi) by redesignating subparagraphs 

21 (E) and (F) as subparagraphs (B) and 

22 (C), respectively; 

23 (E) by redesignating paragraph (4) as 

24 paragraph (5); and 


pamtmann on DSKBC07HB2PROD with BILLS
138 

•S 2016 IS

1 (F) by inserting after paragraph (3)(C), as 

2 redesignated, the following: 

3 ‘‘(4) 5-YEAR SERVICE LINE PLANS UPDATES.— 

4 Amtrak may modify the service line plans described 

5 in paragraph (1), upon the approval of the Sec6 retary, if the Secretary determines that such modi7 fications are necessary to improve the transparency, 

8 oversight, and delivery of Amtrak services and the 

9 use of Federal funds by Amtrak.’’; and 

10 (4) in subsection (c)— 

11 (A) in the subsection heading, by inserting 

12 ‘‘LINE’’ after ‘‘ASSET’’; 

13 (B) in paragraph (1)— 

14 (i) in the paragraph heading, by strik15 ing ‘‘CATEGORIES’’ and inserting ‘‘LINES’’; 

16 (ii) in the matter preceding subpara17 graph (A), by striking ‘‘asset plan for each 

18 of the following asset categories’’ and in19 serting ‘‘asset line plan for each of the fol20 lowing asset lines’’; 

21 (iii) by redesignating subparagraphs 

22 (A), (B), (C), and (D) as subparagraphs 

23 (B), (C), (D), and (E), respectively; 

24 (iv) by inserting before subparagraph 

25 (B), as redesignated, the following: 


pamtmann on DSKBC07HB2PROD with BILLS
139 

•S 2016 IS

1 ‘‘(A) Transportation, including activities 

2 and resources associated with the operation and 

3 movement of Amtrak trains, onboard services, 

4 and amenities.’’; 

5 (v) in subparagraph (B), as redesig6 nated, by inserting ‘‘and maintenance-of7 way equipment’’ after ‘‘facilities’’; and 

8 (vi) in subparagraph (C), as redesig9 nated, by striking ‘‘Passenger rail equip10 ment’’ and inserting ‘‘Equipment’’; 

11 (C) in paragraph (2)— 

12 (i) in the paragraph heading, by in13 serting ‘‘LINE’’ after ‘‘ASSET’’; 

14 (ii) in the matter preceding subpara15 graph (A), by inserting ‘‘line’’ after 

16 ‘‘asset’’; 

17 (iii) in subparagraph (A), by striking 

18 ‘‘category’’ and inserting ‘‘line’’; 

19 (iv) in subparagraph (C)(iii)(III), by 

20 striking ‘‘and’’ at the end; 

21 (v) by amending subparagraph (D) to 

22 read as follows: 

23 ‘‘(D) annual sources and uses statements 

24 and forecasts for each asset line; and’’; and 


pamtmann on DSKBC07HB2PROD with BILLS
140 

•S 2016 IS

1 (vi) by adding at the end the fol2 lowing: 

3 ‘‘(E) other elements that Amtrak elects to 

4 include.’’; 

5 (D) in paragraph (3)— 

6 (i) in the paragraph heading, by in7 serting ‘‘LINE’’ after ‘‘ASSET’’; 

8 (ii) by redesignating subparagraphs 

9 (A) and (B) as clauses (i) and (ii) and 

10 moving such clauses 2 ems to the right; 

11 (iii) by inserting before clause (i), as 

12 redesignated, the following: 

13 ‘‘(A) not later than 180 days after the date 

14 of enactment of the Passenger Rail Expansion 

15 and Rail Safety Act of 2021, submit to the Sec16 retary, for approval, a consultation process for 

17 the development of each asset line plan that re18 quires Amtrak to—’’; 

19 (iv) in subparagraph (A), as added by 

20 clause (iii)— 

21 (I) in clause (i), as redesig22 nated— 

23 (aa) by striking ‘‘business’’ 

24 each place such term appears 

25 and inserting ‘‘service’’; 


pamtmann on DSKBC07HB2PROD with BILLS
141 

•S 2016 IS

1 (bb) by inserting ‘‘line’’ 

2 after ‘‘asset’’ each place such 

3 term appears; and 

4 (cc) by adding ‘‘and’’ at the 

5 end; and 

6 (II) in clause (ii), as redesig7 nated— 

8 (aa) by inserting ‘‘consult 

9 with the Secretary of Transpor10 tation in the development of 

11 asset line plans and,’’ before ‘‘as 

12 applicable’’; and 

13 (bb) by inserting ‘‘line’’ 

14 after ‘‘5-year asset’’; 

15 (v) by redesignating subparagraph (C) 

16 as subparagraph (B); and 

17 (vi) in subparagraph (B), as redesig18 nated, by striking ‘‘category’’ and inserting 

19 ‘‘line’’; 

20 (E) by redesignating paragraphs (4), (5), 

21 (6), and (7) as paragraphs (5), (6), (7), and 

22 (8), respectively; 

23 (F) by inserting after paragraph (3) the 

24 following: 


pamtmann on DSKBC07HB2PROD with BILLS
142 

•S 2016 IS

1 ‘‘(4) 5-YEAR ASSET LINE PLAN UPDATES.—Am2 trak may modify the asset line plans described in 

3 paragraph (1) if the Secretary determines that such 

4 modifications are necessary to improve the trans5 parency, oversight, and delivery of Amtrak services 

6 and the use of Federal funds by Amtrak.’’; 

7 (G) in paragraph (5)(A), as redesignated, 

8 by inserting ‘‘, but shall not include corporate 

9 services (as defined pursuant to section 

10 24317(b))’’ after ‘‘national assets’’; and 

11 (H) in paragraph (7), as redesignated, by 

12 striking ‘‘paragraph (4)’’ and inserting ‘‘para13 graph (5)’’. 

14 (b) CLERICAL AMENDMENT.—The analysis for chap15 ter 243 of title 49, United States Code, is amended by 

16 striking the item relating to section 24320 and inserting 

17 the following: 

‘‘24320. Amtrak 5-year service line and asset line plans.’’. 

18 (c) EFFECTIVE DATES.—Section 11203(b) of the 

19 Passenger Rail Reform and Investment Act of 2015 (49 

20 U.S.C. 24320 note) is amended— 

21 (1) by striking ‘‘business’’ each place such term 

22 appears and inserting ‘‘service’’; and 

23 (2) by inserting ‘‘line’’ after ‘‘asset’’ each place 

24 such term appears. 


pamtmann on DSKBC07HB2PROD with BILLS
143 

•S 2016 IS

1 SEC. 2208. PASSENGER EXPERIENCE ENHANCEMENT. 

2 (a) IN GENERAL.—Section 24305(c)(4) of title 49, 

3 United States Code, is amended by striking ‘‘only if reve4 nues from the services each year at least equal the cost 

5 of providing the services’’. 

6 (b) FOOD AND BEVERAGE SERVICE WORKING

7 GROUP.— 

8 (1) IN GENERAL.—Section 24321 of title 49, 

9 United States Code, is amended to read as follows: 

10 ‘‘§ 24321. Food and beverage service 

11 ‘‘(a) WORKING GROUP.— 

12 ‘‘(1) ESTABLISHMENT.—Not later than 180 

13 days after enactment of the Passenger Rail Expan14 sion and Rail Safety Act of 2021, Amtrak shall es15 tablish a working group to provide recommendations 

16 to improve Amtrak’s onboard food and beverage 

17 service. 

18 ‘‘(2) MEMBERSHIP.—The working group shall 

19 consist of individuals representing— 

20 ‘‘(A) Amtrak; 

21 ‘‘(B) the labor organizations representing 

22 Amtrak employees who prepare or provide on23 board food and beverage service; 

24 ‘‘(C) nonprofit organizations representing 

25 Amtrak passengers; and 


pamtmann on DSKBC07HB2PROD with BILLS
144 

•S 2016 IS

1 ‘‘(D) States that are providing funding for 

2 State-supported routes. 

3 ‘‘(b) REPORT.—Not later than 1 year after the estab4 lishment of the working group pursuant to subsection (a), 

5 the working group shall submit a report to the Committee 

6 on Commerce, Science, and Transportation of the Senate 

7 and the Committee on Transportation and Infrastructure 

8 of the House of Representatives containing recommenda9 tions for improving Amtrak’s food and beverage service, 

10 including— 

11 ‘‘(1) ways to improve the financial performance 

12 of Amtrak; 

13 ‘‘(2) ways to increase and retain ridership; 

14 ‘‘(3) the differing needs of passengers traveling 

15 on long-distance routes, State supported routes, and 

16 the Northeast Corridor; 

17 ‘‘(4) Amtrak passenger survey data about the 

18 food and beverages offered on Amtrak trains; 

19 ‘‘(5) ways to incorporate local food and bev20 erage items on State-supported routes; and 

21 ‘‘(6) any other issue that the working group de22 termines to be appropriate. 

23 ‘‘(c) IMPLEMENTATION.—Not later than 180 days 

24 after the submission of the report pursuant to subsection 

25 (b), Amtrak shall submit a plan for implementing the recVerDate Sep 11 2014 21:39 Jun 14, 2021 Jkt 019200 PO 00000 Frm 00144 Fmt 6652 Sfmt 6201 E:\BILLS\S2016.IS S2016

pamtmann on DSKBC07HB2PROD with BILLS
145 

•S 2016 IS

1 ommendations of the working group, and an explanation 

2 for any of the working group’s recommendations it does 

3 not agree with and does not plan on implementing to the 

4 Committee on Commerce, Science, and Transportation of 

5 the Senate and the Committee on Transportation and In6 frastructure of the House of Representatives. 

7 ‘‘(d) SAVINGS CLAUSE.—Amtrak shall ensure that no 

8 Amtrak employee who held a position on a long distance 

9 or Northeast Corridor route as of the date of enactment 

10 of the Passenger Rail Expansion and Rail Safety Act of 

11 2021, is involuntarily separated because of the develop12 ment and implementation of the plan required under this 

13 section.’’. 

14 (2) CLERICAL AMENDMENT.—The analysis for 

15 chapter 243 of title 49, United States Code, is 

16 amended by striking the item relating to section 

17 24321 and inserting the following: 

‘‘24321. Food and beverage service.’’. 

18 SEC. 2209. AMTRAK SMOKING POLICY. 

19 (a) IN GENERAL.—Chapter 243 of title 49, United 

20 States Code, is amended by adding at the end the fol21 lowing: 

22 ‘‘§ 24323. Prohibition on smoking on Amtrak trains 

23 ‘‘(a) PROHIBITION.—Beginning on the date of enact24 ment of this section, Amtrak shall prohibit smoking, inVerDate Sep 11 2014 21:39 Jun 14, 2021 Jkt 019200 PO 00000 Frm 00145 Fmt 6652 Sfmt 6201 E:\BILLS\S2016.IS S2016

pamtmann on DSKBC07HB2PROD with BILLS
146 

•S 2016 IS

1 cluding the use of electronic cigarettes, onboard all Am2 trak trains. 

3 ‘‘(b) ELECTRONIC CIGARETTE DEFINED.—In this 

4 section, the term ‘electronic cigarette’ means a device that 

5 delivers nicotine or other substances to a user of the device 

6 in the form of a vapor that is inhaled to simulate the expe7 rience of smoking.’’. 

8 (b) CONFORMING AMENDMENT.—The analysis for 

9 chapter 243 of title 49, United States Code, is amended 

10 by adding at the end the following: 

‘‘24323. Prohibition on smoking on Amtrak trains.’’. 

11 SEC. 2210. PROTECTING AMTRAK ROUTES THROUGH 

12 RURAL COMMUNITIES. 

13 Section 24706 of title 49, United States Code, is 

14 amended— 

15 (1) in subsection (a), by striking ‘‘subsection 

16 (b) of this section, at least 180 days’’ and inserting 

17 ‘‘subsection (c), not later than 180 days’’; 

18 (2) by redesignating subsections (b) and (c) as 

19 subsections (c) and (e), respectively; 

20 (3) by inserting after subsection (a) the fol21 lowing: 

22 ‘‘(b) DISCONTINUANCE OR SUBSTANTIAL ALTER23 ATION OF LONG-DISTANCE ROUTES.—Except as provided 

24 in subsection (c), in an emergency, or during maintenance 

25 or construction outages impacting Amtrak routes, Amtrak 


pamtmann on DSKBC07HB2PROD with BILLS
147 

•S 2016 IS

1 may not discontinue, reduce the frequency of, suspend, or 

2 substantially alter the route of rail service on any segment 

3 of any long-distance route in any fiscal year in which Am4 trak receives adequate Federal funding for such route on 

5 the National Network.’’; and 

6 (4) by inserting after subsection (c), as redesig7 nated, the following: 

8 ‘‘(d) CONGRESSIONAL NOTIFICATION OF DIS9 CONTINUANCE.—Except as provided in subsection (c), not 

10 later than 210 days before discontinuing service over a 

11 route, Amtrak shall give written notice of such discontinu12 ance to all of the members of Congress representing any 

13 State or district in which the discontinuance would 

14 occur.’’. 

15 SEC. 2211. STATE-SUPPORTED ROUTE COMMITTEE. 

16 (a) STATE-SUPPORTED ROUTE COMMITTEE.—Sec17 tion 24712(a) of title 49, United States Code, is amend18 ed— 

19 (1) in paragraph (1)— 

20 (A) by striking ‘‘Not later than 180 days 

21 after the date of enactment of the Passenger 

22 Rail Reform and Investment Act of 2015, the 

23 Secretary of Transportation shall establish’’ 

24 and inserting ‘‘There is established’’; and 


pamtmann on DSKBC07HB2PROD with BILLS
148 

•S 2016 IS

1 (B) by inserting ‘‘current and future’’ be2 fore ‘‘rail operations’’; 

3 (2) by redesignating paragraphs (4), (5), and 

4 (6) as paragraphs (5), (6), and (7), respectively; 

5 (3) by inserting after paragraph (3) the fol6 lowing: 

7 ‘‘(4) ABILITY TO CONDUCT CERTAIN BUSI8 NESS.—If all of the members of 1 voting bloc de9 scribed in paragraph (3) abstain from a Committee 

10 decision, agreement between the other 2 voting blocs 

11 consistent with the procedures set forth in such 

12 paragraph shall be deemed sufficient for purpose of 

13 achieving unanimous consent.’’; 

14 (4) in paragraph (5), as redesignated, in the 

15 matter preceding subparagraph (A)— 

16 (A) by striking ‘‘convene a meeting and 

17 shall define and implement’’ and inserting ‘‘de18 fine and periodically update’’; and 

19 (B) by striking ‘‘not later than 180 days 

20 after the date of establishment of the Com21 mittee by the Secretary’’; and 

22 (5) in paragraph (7), as redesignated— 

23 (A) in the paragraph heading, by striking 

24 ‘‘ALLOCATION METHODOLOGY’’ and inserting 

25 ‘‘METHODOLOGY POLICY’’; 


pamtmann on DSKBC07HB2PROD with BILLS
149 

•S 2016 IS

1 (B) in subparagraph (A), by striking ‘‘allo2 cation methodology’’ and inserting ‘‘method3 ology policy’’; 

4 (C) by amending subparagraph (B) to read 

5 as follows: 

6 ‘‘(B) REVISIONS TO COST METHODOLOGY

7 POLICY.— 

8 ‘‘(i) REQUIREMENT TO REVISE AND

9 UPDATE.—Subject to rules and procedures 

10 established pursuant to clause (iii), not 

11 later than March 31, 2022, the Committee 

12 shall revise and update the cost method13 ology policy required and previously ap14 proved under section 209 of the Passenger 

15 Rail Investment and Improvement Act of 

16 2008 (49 U.S.C. 20901 note). The Com17 mittee shall implement a revised cost meth18 odology policy during fiscal year 2023. Not 

19 later than 30 days after the adoption of 

20 the revised cost methodology policy, the 

21 Committee shall submit a report docu22 menting and explaining any changes to the 

23 cost methodology policy and plans for im24 plementation of such policy, including a de25 scription of the improvements to the acVerDate Sep 11 2014 21:39 Jun 14, 2021 Jkt 019200 PO 00000 Frm 00149 Fmt 6652 Sfmt 6201 E:\BILLS\S2016.IS S2016

pamtmann on DSKBC07HB2PROD with BILLS
150 

•S 2016 IS

1 counting information provided by Amtrak 

2 to the States, to the Committee on Com3 merce, Science, and Transportation of the 

4 Senate and the Committee on Transpor5 tation and Infrastructure of the House of 

6 Representatives. The revised cost method7 ology policy shall ensure that States will be 

8 responsible for costs attributable to the 

9 provision of service for their routes. 

10 ‘‘(ii) IMPLEMENTATION IMPACTS ON

11 FEDERAL FUNDING.—To the extent that a 

12 revision developed pursuant to clause (i) 

13 assigns to Amtrak costs that were pre14 viously allocated to States, Amtrak shall 

15 request with specificity such additional 

16 funding in the general and legislative an17 nual report required under section 24315 

18 or in any appropriate subsequent Federal 

19 funding request for the fiscal year in which 

20 the revised cost methodology policy will be 

21 implemented. 

22 ‘‘(iii) PROCEDURES FOR CHANGING

23 METHODOLOGY.—Notwithstanding section 

24 209(b) of the Passenger Rail Investment 

25 and Improvement Act of 2008 (49 U.S.C. 


pamtmann on DSKBC07HB2PROD with BILLS
151 

•S 2016 IS

1 20901 note), the rules and procedures im2 plemented pursuant to paragraph (5) shall 

3 include— 

4 ‘‘(I) procedures for changing the 

5 cost methodology policy in accordance 

6 with clause (i); and 

7 ‘‘(II) procedures or broad guide8 lines for conducting financial plan9 ning, including operating and capital 

10 forecasting, reporting, data sharing, 

11 and governance.’’; 

12 (D) in subparagraph (C)— 

13 (i) in the matter preceding clause (i), 

14 by striking ‘‘allocation methodology’’ and 

15 inserting ‘‘methodology policy’’; 

16 (ii) in clause (i), by striking ‘‘and’’ at 

17 the end; 

18 (iii) in clause (ii)— 

19 (I) by striking ‘‘allocate’’ and in20 serting ‘‘assign’’; and 

21 (II) by striking the period and 

22 inserting ‘‘; and’’; and 

23 (iv) by adding at the end the fol24 lowing: 


pamtmann on DSKBC07HB2PROD with BILLS
152 

•S 2016 IS

1 ‘‘(iii) promote increased efficiency in 

2 Amtrak’s operating and capital activities.’’; 

3 and 

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

5 ‘‘(D) INDEPENDENT EVALUATION.—Not 

6 later than March 31 of each year, the Com7 mittee shall ensure that an independent entity 

8 selected by the Committee has completed an 

9 evaluation to determine whether State pay10 ments for the most recently concluded fiscal 

11 year are accurate and comply with the applica12 ble cost allocation methodology.’’. 

13 (b) INVOICES AND REPORTS.—Section 24712(b) of 

14 title 49, United States Code, is amended to read as fol15 lows: 

16 ‘‘(b) INVOICES AND REPORTS.— 

17 ‘‘(1) INVOICES.—Amtrak shall provide monthly 

18 invoices to the Committee and to each State that 

19 sponsors a State-supported route that identify the 

20 operating costs for such route, including fixed costs 

21 and third-party costs. 

22 ‘‘(2) REPORTS.— 

23 ‘‘(A) IN GENERAL.—The Committee shall 

24 determine the frequency and contents of— 


pamtmann on DSKBC07HB2PROD with BILLS
153 

•S 2016 IS

1 ‘‘(i) the financial and performance re2 ports that Amtrak is required to provide to 

3 the Committee and the States; and 

4 ‘‘(ii) the planning and demand reports 

5 that the States are required to provide to 

6 the Committee and Amtrak. 

7 ‘‘(B) MONTHLY STATISTICAL REPORT.— 

8 ‘‘(i) DEVELOPMENT.—Consistent with 

9 the revisions to the policy required under 

10 subsection (a)(7)(B), the Committee shall 

11 develop a report that contains the general 

12 ledger data and operating statistics from 

13 Amtrak’s accounting systems used to cal14 culate payments to States. 

15 ‘‘(ii) PROVISION OF NECESSARY

16 DATA.—Not later than 30 days after the 

17 last day of each month, Amtrak shall pro18 vide to the States and to the Committee 

19 the necessary data to complete the report 

20 developed pursuant to clause (i) for such 

21 month.’’. 

22 (c) DISPUTE RESOLUTION.—Section 24712(c) of title 

23 49, United States Code, is amended— 

24 (1) in paragraph (1)— 


pamtmann on DSKBC07HB2PROD with BILLS
154 

•S 2016 IS

1 (A) by striking ‘‘(a)(4)’’ and inserting 

2 ‘‘(a)(5)’’; and 

3 (B) by striking ‘‘(a)(6)’’ and inserting 

4 ‘‘(a)(7)’’; and 

5 (2) in paragraph (4), by inserting ‘‘related to a 

6 State-supported route that a State sponsors that is’’ 

7 after ‘‘amount’’. 

8 (d) PERFORMANCE METRICS.—Section 24712(e) of 

9 title 49, United States Code, is amended by inserting ‘‘, 

10 including incentives to increase revenue, reduce costs, fi11 nalize contracts by the beginning of the fiscal year, and 

12 require States to promptly make payments for services de13 livered’’ before the period at the end. 

14 (e) STATEMENT OF GOALS AND OBJECTIVES.—Sec15 tion 24712(f) of title 49, United States Code, is amend16 ed— 

17 (1) in paragraph (1), by inserting ‘‘, and review 

18 and update, as necessary,’’ after ‘‘shall develop’’; 

19 (2) in paragraph (2), by striking ‘‘Not later 

20 than 2 years after the date of enactment of the Pas21 senger Rail Reform and Investment Act of 2015, the 

22 Committee shall transmit the statement’’ and insert23 ing ‘‘As applicable, based on updates, the Committee 

24 shall submit an updated statement’’; and 

25 (3) by adding at the end the following: 


pamtmann on DSKBC07HB2PROD with BILLS
155 

•S 2016 IS

1 ‘‘(3) SENSE OF CONGRESS.—It is the sense of 

2 Congress that— 

3 ‘‘(A) the Committee shall be the forum 

4 where Amtrak and the States collaborate on the 

5 planning, improvement, and development of cor6 ridor routes across the National Network; and 

7 ‘‘(B) such collaboration should include reg8 ular consultation with interstate rail compact 

9 parties and other regional planning organiza10 tions that address passenger rail.’’. 

11 (f) OTHER REFORMS RELATED TO STATE-SUP12 PORTED ROUTES.—Section 24712 of title 49, United 

13 States Code, as amended by subsections (a) through (e), 

14 is further amended— 

15 (1) by redesignating subsections (g) and (h) as 

16 subsections (k) and (l), respectively; and 

17 (2) by inserting after subsection (f) the fol18 lowing: 

19 ‘‘(g) NEW STATE-SUPPORTED ROUTES.— 

20 ‘‘(1) CONSULTATION.—In developing a new 

21 State-supported route, Amtrak shall consult with— 

22 ‘‘(A) the State or States and local munici23 palities through which such new service would 

24 operate; 


pamtmann on DSKBC07HB2PROD with BILLS
156 

•S 2016 IS

1 ‘‘(B) commuter authorities and regional 

2 transportation authorities in the areas that 

3 would be served by the planned route; 

4 ‘‘(C) host railroads; 

5 ‘‘(D) the Administrator of the Federal 

6 Railroad Administration; and 

7 ‘‘(E) other stakeholders, as appropriate. 

8 ‘‘(2) STATE COMMITMENTS.—Notwithstanding 

9 any other provision of law, before beginning con10 struction necessary for, or beginning operation of, a 

11 State-supported route that is initiated on or after 

12 the date of enactment of the Passenger Rail Expan13 sion and Rail Safety Act of 2021, Amtrak shall 

14 enter into a memorandum of understanding, or oth15 erwise secure an agreement, with each State in 

16 which such route will operate for sharing— 

17 ‘‘(A) ongoing operating costs and capital 

18 costs in accordance with the cost methodology 

19 policy referred to in subsection (a)(7) then in 

20 effect; or 

21 ‘‘(B) ongoing operating costs and capital 

22 costs in accordance with the maximum funding 

23 limitations described in section 22908(e). 

24 ‘‘(3) APPLICATION OF TERMS.—In this sub25 section, the terms ‘capital costs’ and ‘operating 


pamtmann on DSKBC07HB2PROD with BILLS
157 

•S 2016 IS

1 costs’ shall apply in the same manner as such terms 

2 apply under the cost methodology policy developed 

3 pursuant to subsection (a)(7). 

4 ‘‘(h) COST METHODOLOGY POLICY UPDATE IMPLE5 MENTATION REPORT.—Not later than 18 months after 

6 the updated cost methodology policy required under sub7 section (a)(7)(B) is implemented, the Committee 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 assesses the implementation of the up12 dated policy. 

13 ‘‘(i) IDENTIFICATION OF STATE-SUPPORTED ROUTE

14 CHANGES.—Amtrak shall— 

15 ‘‘(1) not later than 120 days before the submis16 sion of the general and legislative annual report re17 quired under section 24315(b), consult with the 

18 Committee and any additional States through which 

19 a State-supported route may operate regarding any 

20 proposed changes to such route; and 

21 ‘‘(2) include in such report an update of any 

22 planned or proposed changes to State-supported 

23 routes, including the introduction of new State-sup24 ported routes, including— 


pamtmann on DSKBC07HB2PROD with BILLS
158 

•S 2016 IS

1 ‘‘(A) the timeframe in which such changes 

2 would take effect; and 

3 ‘‘(B) whether Amtrak has entered into 

4 commitments with the affected States pursuant 

5 subsection (g)(2). 

6 ‘‘(j) ECONOMIC ANALYSIS.—Not later than 3 years 

7 after the date of enactment of the Passenger Rail Expan8 sion and Rail Safety Act of 2021, the Committee shall 

9 submit a report to the Committee on Commerce, Science, 

10 and Transportation of the Senate and the Committee on 

11 Transportation and Infrastructure of the House of Rep12 resentatives that— 

13 ‘‘(1) describes the role of the State-supported 

14 routes in economic development; and 

15 ‘‘(2) examines the impacts of the State-sup16 ported routes on local station areas, job creation, 

17 transportation efficiency, State economies, and the 

18 national economy.’’. 

19 SEC. 2212. ENHANCING CROSS BORDER SERVICE. 

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

21 date of enactment of this Act, Amtrak, after consultation 

22 with the Secretary, the Secretary of Homeland Security, 

23 relevant State departments of transportation, Canadian 

24 governmental agencies and entities, and owners of the rel25 evant rail infrastructure and facilities, shall submit a reVerDate Sep 11 2014 21:39 Jun 14, 2021 Jkt 019200 PO 00000 Frm 00158 Fmt 6652 Sfmt 6201 E:\BILLS\S2016.IS S2016

pamtmann on DSKBC07HB2PROD with BILLS
159 

•S 2016 IS

1 port to the Committee on Commerce, Science, and Trans2 portation of the Senate and the Committee on Transpor3 tation and Infrastructure of the House of Representatives 

4 regarding enhancing Amtrak passenger rail service be5 tween the United States and Canada that— 

6 (1) identifies challenges to Amtrak operations 

7 in Canada, including delays associated with custom 

8 and immigration inspections in both the United 

9 States and Canada; and 

10 (2) includes recommendations to improve such 

11 cross border service, including the feasibility of and 

12 costs associated with a preclearance facility or facili13 ties. 

14 (b) ASSISTANCE AND SUPPORT.—The Secretary, the 

15 Secretary of State, and the Secretary of Homeland Secu16 rity may provide assistance and support requested by Am17 trak that is necessary to carry out this section, as deter18 mined appropriate by the respective Secretary. 

19 SEC. 2213. CREATING QUALITY JOBS. 

20 Section 121 of the Amtrak Reform and Account21 ability Act of 1997 (49 U.S.C. 24312 note) is amended— 

22 (1) by redesignating subsection (d) as sub23 section (f); and 

24 (2) by inserting after subsection (c) the fol25 lowing: 


pamtmann on DSKBC07HB2PROD with BILLS
160 

•S 2016 IS

1 ‘‘(d) FURLOUGHED WORK.—Amtrak may not con2 tract out work within the classification of work performed 

3 by an employee in a bargaining unit covered by a collective 

4 bargaining agreement entered into between Amtrak and 

5 an organization representing Amtrak employees during 

6 the period such employee has been laid off and has not 

7 been recalled to perform such work. 

8 ‘‘(e) AGREEMENT PROHIBITIONS ON CONTRACTING

9 OUT.—This section does not— 

10 ‘‘(1) supersede a prohibition or limitation on 

11 contracting out work covered by an agreement en12 tered into between Amtrak and an organization rep13 resenting Amtrak employees; or 

14 ‘‘(2) prohibit Amtrak and an organization rep15 resenting Amtrak employees from entering into an 

16 agreement that allows for contracting out the work 

17 of a furloughed employee that would otherwise be 

18 prohibited under subsection (d).’’. 

19 Subtitle C—Intercity Passenger 

20 Rail Policy 

21 SEC. 2301. NORTHEAST CORRIDOR PLANNING. 

22 Section 24904 of title 49, United States Code, is 

23 amended— 

24 (1) by striking subsections (a) and (d); 


pamtmann on DSKBC07HB2PROD with BILLS
161 

•S 2016 IS

1 (2) by redesignating subsections (b) and (c) as 

2 subsections (c) and (d), respectively; 

3 (3) by inserting before subsection (c), as redes4 ignated, the following: 

5 ‘‘(a) NORTHEAST CORRIDOR SERVICE DEVELOP6 MENT PLAN.— 

7 ‘‘(1) IN GENERAL.—Not later than March 31, 

8 2022, the Northeast Corridor Commission estab9 lished under section 24905 (referred to in this sec10 tion as the ‘Commission’) shall submit a service de11 velopment plan to Congress. 

12 ‘‘(2) CONTENTS.—The plan required under 

13 paragraph (1) shall— 

14 ‘‘(A) identify key state-of-good-repair, ca15 pacity expansion, and capital improvement 

16 projects planned for the Northeast Corridor; 

17 ‘‘(B) provide a coordinated and consensus18 based plan covering a 15-year period; 

19 ‘‘(C) identify service objectives and the 

20 capital investments required to meet such objec21 tives; 

22 ‘‘(D) provide a delivery-constrained strat23 egy that identifies— 

24 ‘‘(i) capital investment phasing; 


pamtmann on DSKBC07HB2PROD with BILLS
162 

•S 2016 IS

1 ‘‘(ii) an evaluation of workforce needs; 

2 and 

3 ‘‘(iii) strategies for managing re4 sources and mitigating construction im5 pacts on operations; and 

6 ‘‘(E) include a financial strategy that iden7 tifies funding needs and potential funding 

8 sources. 

9 ‘‘(3) UPDATES.—The Commission shall update 

10 the service development plan not less frequently than 

11 once every 5 years. 

12 ‘‘(b) NORTHEAST CORRIDOR CAPITAL INVESTMENT

13 PLAN.— 

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

15 of each year, the Commission shall— 

16 ‘‘(A) develop an annual capital investment 

17 plan for the Northeast Corridor; and 

18 ‘‘(B) submit the capital investment plan 

19 to— 

20 ‘‘(i) the Secretary of Transportation; 

21 ‘‘(ii) the Committee on Commerce, 

22 Science, and Transportation of the Senate; 

23 and 


pamtmann on DSKBC07HB2PROD with BILLS
163 

•S 2016 IS

1 ‘‘(iii) the Committee on Transpor2 tation and Infrastructure of the House of 

3 Representatives. 

4 ‘‘(2) CONTENTS.—The plan required under 

5 paragraph (1) shall— 

6 ‘‘(A) reflect coordination across the entire 

7 Northeast Corridor; 

8 ‘‘(B) integrate the individual capital plans 

9 developed by Amtrak, States, and commuter au10 thorities in accordance with the cost allocation 

11 policy developed and approved under section 

12 24905(c); 

13 ‘‘(C) cover a period of 5 fiscal years, begin14 ning with the fiscal year during which the plan 

15 is submitted; 

16 ‘‘(D) notwithstanding section 24902(b), 

17 document the projects and programs being un18 dertaken to advance the service objectives and 

19 capital investments identified in the Northeast 

20 Corridor service development plan developed 

21 under subsection (a), and the asset condition 

22 needs identified in the Northeast Corridor asset 

23 management plans, after considering— 

24 ‘‘(i) the benefits and costs of capital 

25 investments in the plan; 


pamtmann on DSKBC07HB2PROD with BILLS
164 

•S 2016 IS

1 ‘‘(ii) project and program readiness; 

2 ‘‘(iii) the operational impacts; and 

3 ‘‘(iv) Federal and non-Federal fund4 ing availability; 

5 ‘‘(E) categorize capital projects and pro6 grams as primarily associated with 1 of the cat7 egories listed under section 24319(c)(2)(C); 

8 ‘‘(F) identify capital projects and pro9 grams that are associated with more than 1 

10 category described in subparagraph (E); and 

11 ‘‘(G) include a financial plan that identi12 fies— 

13 ‘‘(i) funding sources and financing 

14 methods; 

15 ‘‘(ii) the status of cost sharing agree16 ments pursuant to the cost allocation pol17 icy developed under section 24905(c); 

18 ‘‘(iii) the projects and programs that 

19 the Commission expects will receive Fed20 eral financial assistance; and 

21 ‘‘(iv) the eligible entity or entities that 

22 the Commission expects— 

23 ‘‘(I) to receive the Federal finan24 cial assistance referred to in clause 

25 (iii); and 


pamtmann on DSKBC07HB2PROD with BILLS
165 

•S 2016 IS

1 ‘‘(II) to implement each capital 

2 project. 

3 ‘‘(3) REVIEW AND COORDINATION.—The Com4 mission shall require that the information described 

5 in paragraph (2) be submitted in a timely manner 

6 to allow for a reasonable period of review by, and co7 ordination with, affected agencies before the Com8 mission submits the capital investment plan pursu9 ant to paragraph (1).’’; 

10 (4) in subsection (c), as redesignated, by strik11 ing ‘‘spent only on—’’ and all that follows and in12 serting ‘‘spent only on capital projects and programs 

13 contained in the Commission’s capital investment 

14 plan for the prior fiscal year.’’; and 

15 (5) by amending subsection (d), as redesig16 nated, to read as follows: 

17 ‘‘(d) NORTHEAST CORRIDOR CAPITAL ASSET MAN18 AGEMENT SYSTEM.— 

19 ‘‘(1) IN GENERAL.—Amtrak and other infra20 structure owners that provide or support intercity 

21 rail passenger transportation along the Northeast 

22 Corridor shall develop an asset management system 

23 and use and update such system, as necessary, to 

24 develop submissions to the Northeast Corridor cap25 ital investment plan described in subsection (b). 


pamtmann on DSKBC07HB2PROD with BILLS
166 

•S 2016 IS

1 ‘‘(2) FEATURES.—The system required under 

2 paragraph (1) shall develop submissions that— 

3 ‘‘(A) are consistent with the transit asset 

4 management system (as defined in section 

5 5326(a)(3)); and 

6 ‘‘(B) include— 

7 ‘‘(i) an inventory of all capital assets 

8 owned by the developer of the plan; 

9 ‘‘(ii) an assessment of condition of 

10 such capital assets; 

11 ‘‘(iii) a description of the resources 

12 and processes that will be necessary to 

13 bring or to maintain such capital assets in 

14 a state of good repair; and 

15 ‘‘(iv) a description of changes in the 

16 condition of such capital assets since the 

17 submission of the prior version of the 

18 plan.’’. 

19 SEC. 2302. NORTHEAST CORRIDOR COMMISSION. 

20 Section 24905 of title 49, United States Code, is 

21 amended— 

22 (1) in subsection (a)(1)(D), by inserting ‘‘au23 thorities’’ after ‘‘carriers’’; 

24 (2) in subsection (b)(3)(B)— 

25 (A) in clause (i)— 


pamtmann on DSKBC07HB2PROD with BILLS
167 

•S 2016 IS

1 (i) by inserting ‘‘, including ridership 

2 trends,’’ after ‘‘transportation’’; and 

3 (ii) by striking ‘‘and’’ at the end; 

4 (B) in clause (ii)— 

5 (i) by inserting ‘‘first year of the’’ 

6 after ‘‘the delivery of the’’; and 

7 (ii) by striking the period at the end 

8 and inserting ‘‘; and’’; and 

9 (C) by adding at the end the following: 

10 ‘‘(iii) progress in assessing and elimi11 nating the state-of-good-repair backlog.’’; 

12 (3) in subsection (c)— 

13 (A) in paragraph (1)— 

14 (i) in the paragraph heading, by strik15 ing ‘‘DEVELOPMENT OF POLICY’’ and in16 serting ‘‘POLICY’’; 

17 (ii) in subparagraph (A), by striking 

18 ‘‘develop a standardized policy’’ and insert19 ing ‘‘develop and maintain the standard20 ized policy first approved on September 17, 

21 2015, and update, as appropriate,’’; 

22 (iii) by amending subparagraph (B) to 

23 read as follows: 

24 ‘‘(B) develop timetables for implementing 

25 and maintaining the policy;’’; 


pamtmann on DSKBC07HB2PROD with BILLS
168 

•S 2016 IS

1 (iv) in subparagraph (C), by striking 

2 ‘‘the policy and the timetable’’ and insert3 ing ‘‘updates to the policy and timetables’’; 

4 and 

5 (v) by amending subparagraph (D) to 

6 read as follows: 

7 ‘‘(D) support the efforts of the members of 

8 the Commission to implement the policy in ac9 cordance with the timetables developed pursu10 ant to subparagraph (B);’’; 

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

12 follows: 

13 ‘‘(2) IMPLEMENTATION.— 

14 ‘‘(A) IN GENERAL.—In accordance with 

15 the timetables developed pursuant to paragraph 

16 (1)(B), Amtrak and commuter authorities on 

17 the Northeast Corridor shall implement the pol18 icy developed under paragraph (1) in their 

19 agreements for usage of facilities or services. 

20 ‘‘(B) EFFECT OF FAILURE TO IMPLEMENT

21 OR COMPLY WITH POLICY.—If the entities re22 ferred to in subparagraph (A) fail to implement 

23 the policy in accordance with paragraph (1)(D) 

24 or fail to comply with the policy thereafter, the 

25 Surface Transportation Board shall— 


pamtmann on DSKBC07HB2PROD with BILLS
169 

•S 2016 IS

1 ‘‘(i) determine the appropriate com2 pensation in accordance with the proce3 dures and procedural schedule applicable 

4 to a proceeding under section 24903(c), 

5 after taking into consideration the policy 

6 developed under paragraph (1); and 

7 ‘‘(ii) enforce its determination on the 

8 party or parties involved.’’; and 

9 (C) in paragraph (4), by striking ‘‘public 

10 authorities providing commuter rail passenger 

11 transportation’’ and inserting ‘‘commuter au12 thorities’’; and 

13 (4) in subsection (d)— 

14 (A) by striking ‘‘2016 through 2020’’ and 

15 inserting ‘‘2022 through 2026’’; and 

16 (B) by striking ‘‘section 11101(g) of the 

17 Passenger Rail Reform and Investment Act of 

18 2015’’ and inserting ‘‘section 101(e) of the Pas19 senger Rail Expansion and Rail Safety Act of 

20 2021’’. 

21 SEC. 2303. CONSOLIDATED RAIL INFRASTRUCTURE AND 

22 SAFETY IMPROVEMENTS. 

23 (a) IN GENERAL.—Section 22907 of title 49, United 

24 States Code, is amended— 

25 (1) in subsection (b)— 


pamtmann on DSKBC07HB2PROD with BILLS
170 

•S 2016 IS

1 (A) in paragraph (1), by inserting ‘‘(in2 cluding the District of Columbia)’’ after 

3 ‘‘State’’; 

4 (B) in paragraph (6), by inserting ‘‘rail 

5 carrier and intercity rail passenger transpor6 tation are’’ before ‘‘defined’’; 

7 (C) by redesignating paragraphs (8) 

8 through (11) as paragraphs (10) through (13), 

9 respectively; and 

10 (D) by inserting after paragraph (7) the 

11 following: 

12 ‘‘(8) An association representing 1 or more rail13 roads described in paragraph (7).’’; 

14 ‘‘(9) A federally recognized Indian Tribe.’’; 

15 (2) in subsection (c)— 

16 (A) in paragraph (3), by adding ‘‘or safe17 ty’’ after ‘‘congestion’’; 

18 (B) in paragraph (6), by striking ‘‘and’’ 

19 and inserting ‘‘or’’; 

20 (C) by redesignating paragraphs (11) and 

21 (12) as paragraphs (12) and (13), respectively; 

22 (D) by inserting after paragraph (10) the 

23 following: 


pamtmann on DSKBC07HB2PROD with BILLS
171 

•S 2016 IS

1 ‘‘(11) The development and implementation of 

2 measures to prevent trespassing and reduce associ3 ated injuries and fatalities.’’; and 

4 (E) by inserting after paragraph (13), as 

5 redesignated, the following: 

6 ‘‘(14) Research, development, and testing to ad7 vance and facilitate innovative rail projects, includ8 ing projects using electromagnetic guideways in an 

9 enclosure in a very low-pressure environment. 

10 ‘‘(15) The preparation of emergency plans for 

11 communities through which hazardous materials are 

12 transported by rail.’’; and 

13 (3) in subsection (h), by adding at the end the 

14 following: 

15 ‘‘(4) GRADE CROSSING AND TRESPASSING

16 PROJECTS.—Applicants may use costs incurred pre17 viously for preliminary engineering associated with 

18 highway-rail grade crossing improvement projects 

19 under subsection (c)(5) and trespassing prevention 

20 projects under subsection (c)(11) to satisfy the non21 Federal share requirements.’’. 

22 (b) RULE OF CONSTRUCTION.—The amendments 

23 made by subsection (a) may not be construed to affect 

24 any grant, including any application for a grant, made 


pamtmann on DSKBC07HB2PROD with BILLS
172 

•S 2016 IS

1 under section 22907 of title 49, United States Code, be2 fore the date of enactment of this Act. 

3 (c) TECHNICAL CORRECTION.— 

4 (1) IN GENERAL.—Section 22907(l)(1)(A) of 

5 title 49, United States Code, is amended by insert6 ing ‘‘, including highway construction over rail facili7 ties as an alternative to construction or improvement 

8 of a highway-rail grade crossing,’’ after ‘‘under 

9 chapter 227’’. 

10 (2) APPLICABILITY.—The amendment made by 

11 paragraph (1) shall apply to amounts remaining 

12 under section 22907(l) of title 49, United States 

13 Code, from appropriations for prior fiscal years. 

14 SEC. 2304. RESTORATION AND ENHANCEMENT GRANTS. 

15 Section 22908 of title 49, United States Code, is 

16 amended— 

17 (1) by amending subsection (a) to read as fol18 lows: 

19 ‘‘(a) DEFINITIONS.—In this section: 

20 ‘‘(1) APPLICANT.—Notwithstanding section 

21 22901(1), the term ‘applicant’ means— 

22 ‘‘(A) a State, including the District of Co23 lumbia; 

24 ‘‘(B) a group of States; 


pamtmann on DSKBC07HB2PROD with BILLS
173 

•S 2016 IS

1 ‘‘(C) an entity implementing an interstate 

2 compact; 

3 ‘‘(D) a public agency or publicly chartered 

4 authority established by 1 or more States; 

5 ‘‘(E) a political subdivision of a State; 

6 ‘‘(F) a federally recognized Indian Tribe; 

7 ‘‘(G) Amtrak or another rail carrier that 

8 provides intercity rail passenger transportation; 

9 ‘‘(H) any rail carrier in partnership with 

10 at least 1 of the entities described in subpara11 graphs (A) through (F); and 

12 ‘‘(I) any combination of the entities de13 scribed in subparagraphs (A) through (F). 

14 ‘‘(2) OPERATING ASSISTANCE.—The term ‘oper15 ating assistance’, with respect to any route subject 

16 to section 209 of the Passenger Rail Investment and 

17 Improvement Act of 2008 (Public Law 110–432), 

18 means any cost allocated, or that may be allocated, 

19 to a route pursuant to the cost methodology estab20 lished under such section or under section 24712.’’; 

21 (2) in subsection (c)(3), by striking ‘‘3 years’’ 

22 each place such term appears and inserting ‘‘6 

23 years’’; 

24 (3) in subsection (d)— 

25 (A) in paragraph (8), by striking ‘‘and’’; 


pamtmann on DSKBC07HB2PROD with BILLS
174 

•S 2016 IS

1 (B) in paragraph (9), by striking the pe2 riod at the end and inserting ‘‘; and’’; and 

3 (C) by adding at the end the following: 

4 ‘‘(10) for routes selected under the Corridor 

5 Identification and Development Program and oper6 ated by Amtrak.’’; and 

7 (4) in subsection (e)— 

8 (A) in paragraph (1)— 

9 (i) by striking ‘‘assistance’’; and 

10 (ii) by striking ‘‘3 years’’ and insert11 ing ‘‘6 years (including for any such routes 

12 selected for funding before the date of en13 actment of the Passenger Rail Expansion 

14 and Rail Safety Act of 2021)’’; and 

15 (B) in paragraph (3), by striking subpara16 graphs (A), (B), and (C) and inserting the fol17 lowing: 

18 ‘‘(A) 90 percent of the projected net oper19 ating costs for the first year of service; 

20 ‘‘(B) 80 percent of the projected net oper21 ating costs for the second year of service; 

22 ‘‘(C) 70 percent of the projected net oper23 ating costs for the third year of service; 

24 ‘‘(D) 60 percent of the projected net oper25 ating costs for the fourth year of service; 


pamtmann on DSKBC07HB2PROD with BILLS
175 

•S 2016 IS

1 ‘‘(E) 50 percent of the projected net oper2 ating costs for the fifth year of service; and 

3 ‘‘(F) 30 percent of the projected net oper4 ating costs for the sixth year of service.’’. 

5 SEC. 2305. RAILROAD CROSSING ELIMINATION PROGRAM. 

6 (a) IN GENERAL.—Chapter 229 of title 49, United 

7 States Code, is amended by adding at the end the fol8 lowing: 

9 ‘‘§ 22909. Railroad Crossing Elimination Program 

10 ‘‘(a) IN GENERAL.—The Secretary of Transpor11 tation, in cooperation with the Administrator of the Fed12 eral Railroad Administration, shall establish a competitive 

13 grant program (referred to in this section as the ‘Pro14 gram’) under which the Secretary shall award grants to 

15 eligible recipients described in subsection (c) for highway16 rail or pathway-rail grade crossing improvement projects 

17 that focus on improving the safety and mobility of people 

18 and goods. 

19 ‘‘(b) GOALS.—The goals of the Program are— 

20 ‘‘(1) to eliminate highway-rail grade crossings 

21 that are frequently blocked by trains; 

22 ‘‘(2) to improve the health and safety of com23 munities; 


pamtmann on DSKBC07HB2PROD with BILLS
176 

•S 2016 IS

1 ‘‘(3) to reduce the impacts that freight move2 ment and railroad operations may have on under3 served communities; and 

4 ‘‘(4) to improve the mobility of people and 

5 goods. 

6 ‘‘(c) ELIGIBLE RECIPIENTS.—The following entities 

7 are eligible to receive a grant under this section: 

8 ‘‘(1) A State, including the District of Colum9 bia, Puerto Rico, and other United States territories 

10 and possessions. 

11 ‘‘(2) A political subdivision of a State. 

12 ‘‘(3) A federally recognized Indian Tribe. 

13 ‘‘(4) A unit of local government or a group of 

14 local governments. 

15 ‘‘(5) A public port authority. 

16 ‘‘(6) A metropolitan planning organization. 

17 ‘‘(7) A group of entities described in any of 

18 paragraphs (1) through (6). 

19 ‘‘(d) ELIGIBLE PROJECTS.—The Secretary may 

20 award a grant under the Program for a highway-rail or 

21 pathway-rail grade crossing improvement project (includ22 ing acquiring real property interests) involving— 

23 ‘‘(1) grade separation or closure, including 

24 through the use of a bridge, embankment, tunnel, or 

25 combination thereof; 


pamtmann on DSKBC07HB2PROD with BILLS
177 

•S 2016 IS

1 ‘‘(2) track relocation; 

2 ‘‘(3) the improvement or installation of protec3 tive devices, signals, signs, or other measures to im4 prove safety, provided that such activities are related 

5 to a separation or relocation project described in 

6 paragraph (1) or (2); 

7 ‘‘(4) other means to improve the safety and mo8 bility of people and goods at highway-rail grade 

9 crossings (including technological solutions); 

10 ‘‘(5) a group of related projects described in 

11 paragraphs (1) through (4) that would collectively 

12 improve the mobility of people and goods; or 

13 ‘‘(6) the planning, environmental review, and 

14 design of an eligible project described in paragraphs 

15 (1) through (5). 

16 ‘‘(e) APPLICATION PROCESS.— 

17 ‘‘(1) IN GENERAL.—An eligible entity seeking a 

18 grant under the Program shall submit an application 

19 to the Secretary at such time, in such manner, and 

20 containing such information as the Secretary may 

21 require. 

22 ‘‘(2) RAILROAD APPROVALS.— 

23 ‘‘(A) IN GENERAL.—Except as provided in 

24 subparagraph (B), the Secretary shall require 

25 applicants to obtain the necessary approvals 


pamtmann on DSKBC07HB2PROD with BILLS
178 

•S 2016 IS

1 from any impacted rail carriers or real property 

2 owners before proceeding with the construction 

3 of a project funded by a grant under the Pro4 gram. 

5 ‘‘(B) EXCEPTION.—The requirement under 

6 subparagraph (A) shall not apply to planning 

7 projects described in subsection (d)(6) if the ap8 plicant agrees to work collaboratively with rail 

9 carriers and right-of-way owners. 

10 ‘‘(f) PROJECT SELECTION CRITERIA.— 

11 ‘‘(1) IN GENERAL.—In awarding grants under 

12 the Program, the Secretary shall evaluate the extent 

13 to which proposed projects would— 

14 ‘‘(A) improve safety at highway-rail or 

15 pathway-rail grade crossings; 

16 ‘‘(B) grade separate, eliminate, or close 

17 highway-rail or pathway-rail grade crossings; 

18 ‘‘(C) improve the mobility of people and 

19 goods; 

20 ‘‘(D) reduce emissions, protect the environ21 ment, and provide community benefits, includ22 ing noise reduction; 

23 ‘‘(E) improve access to emergency services; 

24 ‘‘(F) provide economic benefits; and 


pamtmann on DSKBC07HB2PROD with BILLS
179 

•S 2016 IS

1 ‘‘(G) improve access to communities sepa2 rated by rail crossings. 

3 ‘‘(2) ADDITIONAL CONSIDERATIONS.—In 

4 awarding grants under the Program, the Secretary 

5 shall consider— 

6 ‘‘(A) the degree to which the proposed 

7 project will use— 

8 ‘‘(i) innovative technologies; 

9 ‘‘(ii) innovative design and construc10 tion techniques; or 

11 ‘‘(iii) construction materials that re12 duce greenhouse gas emissions; 

13 ‘‘(B) the applicant’s planned use of con14 tracting incentives to employ local labor, to the 

15 extent permissible under Federal law; 

16 ‘‘(C) whether the proposed project will im17 prove the mobility of— 

18 ‘‘(i) multiple modes of transportation, 

19 including ingress and egress from freight 

20 facilities; or 

21 ‘‘(ii) users of nonvehicular modes of 

22 transportation, such as pedestrians, 

23 bicyclists, and public transportation; 

24 ‘‘(D) whether the proposed project is iden25 tified in— 


pamtmann on DSKBC07HB2PROD with BILLS
180 

•S 2016 IS

1 ‘‘(i) the freight investment plan com2 ponent of a State freight plan, as required 

3 under section 70202(b)(9); 

4 ‘‘(ii) a State rail plan prepared in ac5 cordance with chapter 227; or 

6 ‘‘(iii) a State highway-rail grade 

7 crossing action plan, as required under sec8 tion 11401(b) of the Passenger Rail Re9 form and Investment Act of 2015 (title XI 

10 of Public Law 114–94); and 

11 ‘‘(E) the level of financial support provided 

12 by impacted rail carriers. 

13 ‘‘(3) AWARD DISTRIBUTION.—In selecting 

14 grants for Program funds in any fiscal year, the 

15 Secretary shall comply with the following limitations: 

16 ‘‘(A) GRANT FUNDS.—Not less than 20 

17 percent of the grant funds available for the 

18 Program in any fiscal year shall be reserved for 

19 projects located in rural areas or on Tribal 

20 lands. The requirement under section 22907(l), 

21 which applies to this section, shall not apply to 

22 grant funds reserved specifically under this sub23 section. 

24 ‘‘(B) PLANNING GRANTS.—Not less than 

25 25 percent of the grant funds set aside for 


pamtmann on DSKBC07HB2PROD with BILLS
181 

•S 2016 IS

1 planning projects in any fiscal year pursuant to 

2 section 2104(b) of the Passenger Rail Expan3 sion and Rail Safety Act of 2021 shall be 

4 awarded for projects located in rural areas or 

5 on tribal lands. 

6 ‘‘(C) STATE LIMITATION.—Not more than 

7 20 percent of the grant funds available for the 

8 Program in any fiscal year may be selected for 

9 projects in any single State. 

10 ‘‘(D) MINIMUM SIZE.—No grant awarded 

11 under this section shall be for less than 

12 $1,000,000, except for a planning grant de13 scribed in subsection (d)(6). 

14 ‘‘(g) COST SHARE.—Except as provided in paragraph 

15 (2), the Federal share of the cost of a project carried out 

16 using a grant under the Program may not exceed 80 per17 cent of the total cost of the project. Applicants may count 

18 costs incurred for preliminary engineering associated with 

19 highway-rail and pathway-rail grade crossing improvement 

20 projects as part of the total project costs. 

21 ‘‘(h) CONGRESSIONAL NOTIFICATION.—Not later 

22 than 3 days before awarding a grant for a project under 

23 the Program, the Secretary shall submit written notifica24 tion of the proposed grant to the Committee on Com25 merce, Science, and Transportation of the Senate and the 


pamtmann on DSKBC07HB2PROD with BILLS
182 

•S 2016 IS

1 Committee on Transportation and Infrastructure of the 

2 House of Representatives, which shall include— 

3 ‘‘(1) a summary of the project; and 

4 ‘‘(2) the amount of the proposed grant award. 

5 ‘‘(i) ANNUAL REPORT.—Not later than 60 days after 

6 each round of award notifications, the Secretary shall 

7 post, on the public website of the Department of Trans8 portation— 

9 ‘‘(1) a list of all eligible applicants that sub10 mitted an application for funding under the Pro11 gram during the current fiscal year; 

12 ‘‘(2) a list of the grant recipients and projects 

13 that received grant funding under the Program dur14 ing such fiscal year; and 

15 ‘‘(3) a list of the proposed projects and appli16 cants that were determined to be ineligible. 

17 ‘‘(j) DEFINED TERM.—In this section, the term 

18 ‘rural area’ means any area that is not within an area 

19 designated as an urbanized area by the Bureau of the Cen20 sus.’’. 

21 (b) CLERICAL AMENDMENT.—The analysis for chap22 ter 229 of title 49, United States Code, is amended by 

23 adding at the end the following: 

‘‘22909. Railroad Crossing Elimination Program.’’. 


pamtmann on DSKBC07HB2PROD with BILLS
183 

•S 2016 IS

1 SEC. 2306. INTERSTATE RAIL COMPACTS. 

2 (a) IN GENERAL.—Chapter 229 of title 49, United 

3 States Code (as amended by section 2305(a)), is further 

4 amended by adding at the end the following: 

5 ‘‘§ 22910. Interstate Rail Compacts Grant Program 

6 ‘‘(a) GRANTS AUTHORIZED.—The Secretary of 

7 Transportation shall establish a competitive grant pro8 gram to provide financial assistance to entities imple9 menting interstate rail compacts pursuant to section 410 

10 of the Amtrak Reform and Accountability Act of 1997 (49 

11 U.S.C. 24101 note) for— 

12 ‘‘(1) costs of administration; 

13 ‘‘(2) systems planning, including studying the 

14 impacts on freight rail operations and ridership; 

15 ‘‘(3) promotion of intercity passenger rail oper16 ation; 

17 ‘‘(4) preparation of applications for competitive 

18 Federal grant programs; and 

19 ‘‘(5) operations coordination. 

20 ‘‘(b) MAXIMUM AMOUNT.—The Secretary may not 

21 award a grant under this section in an amount exceeding 

22 $1,000,000 per year. 

23 ‘‘(c) SELECTION CRITERIA.—In selecting a recipient 

24 of a grant for an eligible project under this section, the 

25 Secretary shall consider— 


pamtmann on DSKBC07HB2PROD with BILLS
184 

•S 2016 IS

1 ‘‘(1) the amount of funding received (including 

2 funding from a rail carrier (as defined in section 

3 24102) or other participation by State, local, and re4 gional governments and the private sector; 

5 ‘‘(2) the applicant’s work to foster economic de6 velopment through rail service, particularly in rural 

7 communities; 

8 ‘‘(3) whether the applicant seeks to restore 

9 service over routes formerly operated by Amtrak, in10 cluding routes described in section 11304(a) of the 

11 Passenger Rail Reform and Investment Act of 2015 

12 (title XI of division A of Public Law 114–94); 

13 ‘‘(4) the applicant’s dedication to providing 

14 intercity passenger rail service to regions and com15 munities that are underserved or not served by other 

16 intercity public transportation; 

17 ‘‘(5) whether the applicant is enhancing 

18 connectivity and geographic coverage of the existing 

19 national network of intercity passenger rail service; 

20 ‘‘(6) whether the applicant prepares regional 

21 rail or corridor service development plans and cor22 responding environmental analysis; and 

23 ‘‘(7) whether the applicant has engaged with 

24 appropriate government entities and transportation 

25 providers to identify projects necessary to enhance 


pamtmann on DSKBC07HB2PROD with BILLS
185 

•S 2016 IS

1 multimodal connections or facilitate service integra2 tion between rail service and other modes, including 

3 between intercity passenger rail service and intercity 

4 bus service or commercial air service. 

5 ‘‘(d) NUMERICAL LIMITATION.—The Secretary may 

6 not award grants under this section for more than 10 

7 interstate rail compacts in any fiscal year. 

8 ‘‘(e) OPERATOR LIMITATION.—The Secretary may 

9 only award grants under this section to applicants with 

10 eligible expenses related to intercity passenger rail service 

11 to be operated by Amtrak. 

12 ‘‘(f) NON-FEDERAL MATCH.—The Secretary shall re13 quire each recipient of a grant under this section to pro14 vide a non-Federal match of not less than 50 percent of 

15 the eligible expenses of carrying out the interstate rail 

16 compact under this section. 

17 ‘‘(g) REPORT.—Not later than 3 years after the date 

18 of enactment of the Passenger Rail Expansion and Rail 

19 Safety Act of 2021, the Secretary, after consultation with 

20 grant recipients under this section, shall submit a report 

21 to the Committee on Commerce, Science, and Transpor22 tation of the Senate and the Committee on Transportation 

23 and Infrastructure of the House of Representatives that 

24 describes— 

25 ‘‘(1) the implementation of this section; 


pamtmann on DSKBC07HB2PROD with BILLS
186 

•S 2016 IS

1 ‘‘(2) the status of the planning efforts and co2 ordination funded by grants awarded under this sec3 tion; 

4 ‘‘(3) the plans of grant recipients for continued 

5 implementation of the interstate rail compacts; 

6 ‘‘(4) the status of, and data regarding, any 

7 new, restored, or enhanced rail services initiated 

8 under the interstate rail compacts; and 

9 ‘‘(5) any legislative recommendations.’’. 

10 (b) CLERICAL AMENDMENT.—The analysis for chap11 ter 229 of title 49, United States Code (as amended by 

12 section 2305(b)), is amended by adding at the end the 

13 following: 

‘‘22910. Interstate Rail Compacts Grant Program.’’. 

14 (c) IDENTIFICATION.—Section 410 of the Amtrak 

15 Reform and Accountability Act of 1997 (Public Law 105– 

16 134; 49 U.S.C. 24101 note) is amended— 

17 (1) in subsection (b)(2), by striking ‘‘(except 

18 funds made available for Amtrak)’’; and 

19 (2) by adding at the end the following: 

20 ‘‘(c) NOTIFICATION REQUIREMENT.—Any State that 

21 enters into an interstate compact pursuant to subsection 

22 (a) shall notify the Secretary of Transportation of such 

23 compact not later than 60 days after it is formed. The 

24 failure of any State to notify the Secretary under this subVerDate Sep 11 2014 21:39 Jun 14, 2021 Jkt 019200 PO 00000 Frm 00186 Fmt 6652 Sfmt 6201 E:\BILLS\S2016.IS S2016

pamtmann on DSKBC07HB2PROD with BILLS
187 

•S 2016 IS

1 section shall not affect the status of the interstate com2 pact. 

3 ‘‘(d) INTERSTATE RAIL COMPACTS PROGRAM.—The 

4 Secretary of Transportation shall— 

5 ‘‘(1) make available on a publicly accessible 

6 website a list of interstate rail compacts established 

7 under subsection (a) before the date of enactment of 

8 the Passenger Rail Expansion and Rail Safety Act 

9 of 2021 and interstate rail compacts established 

10 after such date; and 

11 ‘‘(2) make information regarding interstate rail 

12 compacts available to the public, including how 

13 States may establish interstate rail compacts under 

14 subsection (a), and update such information, as nec15 essary.’’. 

16 SEC. 2307. FEDERAL-STATE PARTNERSHIP FOR INTERCITY 

17 PASSENGER RAIL GRANTS. 

18 (a) IN GENERAL.—Section 24911 of title 49, United 

19 States Code, is amended— 

20 (1) in the section heading, by striking ‘‘for 

21 state of good repair’’ and inserting ‘‘for 

22 intercity passenger rail’’; 

23 (2) in subsection (a)— 

24 (A) in paragraph (1)— 


pamtmann on DSKBC07HB2PROD with BILLS
188 

•S 2016 IS

1 (i) in subparagraph (F), by striking 

2 ‘‘or’’ at the end; 

3 (ii) by redesignating subsection (G) as 

4 subsection (H); 

5 (iii) by inserting after subparagraph 

6 (F), the following: 

7 ‘‘(G) A federally recognized Indian Tribe; 

8 or’’; and 

9 (iv) in subsection (H), as redesig10 nated, by striking ‘‘(F)’’ and inserting 

11 ‘‘(G)’’; 

12 (B) by striking paragraphs (2) and (5); 

13 and 

14 (C) by redesignating paragraphs (3) and 

15 (4) as paragraphs (2) and (3), respectively; 

16 (3) in subsection (b), by striking ‘‘with respect 

17 to qualified railroad assets’’ and inserting ‘‘, improve 

18 performance, or expand or establish new intercity 

19 passenger rail service, including privately operated 

20 intercity passenger rail service if an eligible appli21 cant is involved;’’; 

22 (4) by striking subsections (c) through (e) and 

23 inserting the following: 


pamtmann on DSKBC07HB2PROD with BILLS
189 

•S 2016 IS

1 ‘‘(c) ELIGIBLE PROJECTS.—The following capital 

2 projects, including acquisition of real property interests, 

3 are eligible to receive grants under this section: 

4 ‘‘(1) A project to replace, rehabilitate, or repair 

5 infrastructure, equipment, or a facility used for pro6 viding intercity passenger rail service to bring such 

7 assets into a state of good repair. 

8 ‘‘(2) A project to improve intercity passenger 

9 rail service performance, including reduced trip 

10 times, increased train frequencies, higher operating 

11 speeds, improved reliability, expanded capacity, re12 duced congestion, electrification, and other improve13 ments, as determined by the Secretary. 

14 ‘‘(3) A project to expand or establish new inter15 city passenger rail service. 

16 ‘‘(4) A group of related projects described in 

17 paragraphs (1) through (3). 

18 ‘‘(5) The planning, environmental studies, and 

19 final design for a project or group of projects de20 scribed in paragraphs (1) through (4). 

21 ‘‘(d) PROJECT SELECTION CRITERIA.—In selecting a 

22 project for funding under this section— 

23 ‘‘(1) for projects located on the Northeast Cor24 ridor, the Secretary shall— 


pamtmann on DSKBC07HB2PROD with BILLS
190 

•S 2016 IS

1 ‘‘(A) make selections consistent with the 

2 Northeast Corridor Project Inventory published 

3 pursuant to subsection (e)(1), unless when nec4 essary to address materially changed infrastruc5 ture or service conditions, changes in project 

6 sponsor capabilities or commitments, or other 

7 significant changes since the completion of the 

8 most recently issued Northeast Corridor Project 

9 Inventory; and 

10 ‘‘(B) for projects that benefit intercity and 

11 commuter rail services, only make such selec12 tions when Amtrak and the public authorities 

13 providing commuter rail passenger transpor14 tation at the eligible project location— 

15 ‘‘(i) are in compliance with section 

16 24905(c)(2); 

17 ‘‘(ii) have identified the intercity pas18 senger rail share of the eligible project; 

19 and 

20 ‘‘(iii) identify funding for the com21 muter rail share of the non-Federal share 

22 of the project before the commencement of 

23 the project; 

24 ‘‘(2) for projects not located on the Northeast 

25 Corridor, the Secretary shall— 


pamtmann on DSKBC07HB2PROD with BILLS
191 

•S 2016 IS

1 ‘‘(A) give preference to eligible projects— 

2 ‘‘(i) for which Amtrak is not the sole 

3 applicant; 

4 ‘‘(ii) that improve the financial per5 formance reliability, service frequency, or 

6 address the state of good repair of an Am7 trak route; and 

8 ‘‘(iii) that are identified in, and con9 sistent with, a corridor inventory prepared 

10 under the Corridor Identification and De11 velopment Program pursuant to section 

12 25101; and 

13 ‘‘(B) take into account— 

14 ‘‘(i) the cost-benefit analysis of the 

15 proposed project, including anticipated pri16 vate and public benefits relative to the 

17 costs of the proposed project, including— 

18 ‘‘(I) effects on system and service 

19 performance, including as measured 

20 by applicable metrics set forth in part 

21 273 of title 49, Code of Federal Regu22 lations; 

23 ‘‘(II) effects on safety, competi24 tiveness, reliability, trip or transit 


pamtmann on DSKBC07HB2PROD with BILLS
192 

•S 2016 IS

1 time, greenhouse gas emissions, and 

2 resilience; 

3 ‘‘(III) efficiencies from improved 

4 connections with other modes; and 

5 ‘‘(IV) ability to meet existing or 

6 anticipated demand; 

7 ‘‘(ii) the degree to which the proposed 

8 project’s business plan considers potential 

9 private sector participation in the financ10 ing, construction, or operation of the pro11 posed project; 

12 ‘‘(iii) the applicant’s past performance 

13 in developing and delivering similar 

14 projects, and previous financial contribu15 tions; 

16 ‘‘(iv) whether the applicant has, or 

17 will have— 

18 ‘‘(I) the legal, financial, and tech19 nical capacity to carry out the project; 

20 ‘‘(II) satisfactory continuing ac21 cess to the equipment or facilities; and 

22 ‘‘(III) the capability and willing23 ness to maintain the equipment or fa24 cilities; 


pamtmann on DSKBC07HB2PROD with BILLS
193 

•S 2016 IS

1 ‘‘(v) if applicable, the consistency of 

2 the project with planning guidance and 

3 documents set forth by the Secretary or 

4 otherwise required by law; and 

5 ‘‘(vi) any other relevant factors, as de6 termined by the Secretary; and 

7 ‘‘(3) the Secretary shall reserve— 

8 ‘‘(A) not less than 45 percent of the 

9 amounts appropriated for grants under this sec10 tion for projects not located along the North11 east Corridor, of which not less than 20 percent 

12 shall be for projects that benefit (in whole or in 

13 part) a long-distance route; and 

14 ‘‘(B) not less than 45 percent of the 

15 amounts appropriated for grants under this sec16 tion for projects listed on the Northeast Cor17 ridor project inventory published pursuant to 

18 subsection (e)(1). 

19 ‘‘(e) LONG-TERM PLANNING.—Not later than 1 year 

20 after the date of enactment of the Passenger Rail Expan21 sion and Rail Safety Act of 2021, and every 2 years there22 after, the Secretary shall create a predictable project pipe23 line that will assist Amtrak, States, and the public with 

24 long-term capital planning by publishing a Northeast Cor25 ridor project inventory that— 


pamtmann on DSKBC07HB2PROD with BILLS
194 

•S 2016 IS

1 ‘‘(1) identifies capital projects for Federal in2 vestment, project applicants, and proposed Federal 

3 funding levels under this section; 

4 ‘‘(2) specifies the order in which the Secretary 

5 will provide grant funding to projects that have iden6 tified sponsors and are located along the Northeast 

7 Corridor, including a method and plan for appor8 tioning funds to project sponsors for the 2-year pe9 riod, which may be altered by the Secretary, as nec10 essary, if recipients are not carrying out projects in 

11 accordance with the anticipated schedule; 

12 ‘‘(3) takes into consideration the appropriate 

13 sequence and phasing of projects described in the 

14 Northeast Corridor capital investment plan devel15 oped pursuant to section 24904(a); 

16 ‘‘(4) is consistent with the most recent North17 east Corridor service development plan update de18 scribed in section 24904(d); 

19 ‘‘(5) takes into consideration the existing com20 mitments and anticipated Federal, project applicant, 

21 sponsor, and other relevant funding levels for the 

22 next 5 fiscal years based on information currently 

23 available to the Secretary; and 


pamtmann on DSKBC07HB2PROD with BILLS
195 

•S 2016 IS

1 ‘‘(6) is developed in consultation with the 

2 Northeast Corridor Commission and the owners of 

3 Northeast Corridor infrastructure and facilities.’’; 

4 (5) in subsection (f)(2), by inserting ‘‘, except 

5 as specified under paragraph (4)’’ after ‘‘80 per6 cent’’; 

7 (6) in subsection (g)— 

8 (A) in the subsection heading, by inserting 

9 ‘‘; PHASED FUNDING AGREEMENTS’’ after ‘‘IN10 TENT’’; 

11 (B) in paragraph (1)— 

12 (i) in the paragraph heading, by strik13 ing ‘‘IN GENERAL’’ and inserting ‘‘LET14 TERS OF INTENT’’; and 

15 (ii) by striking ‘‘shall, to the max16 imum extent practicable,’’ and inserting 

17 ‘‘may’’; 

18 (C) by redesignating paragraphs (2) and 

19 (3) as paragraphs (3) and (4), respectively; 

20 (D) by inserting after paragraph (1) the 

21 following: 

22 ‘‘(2) PHASED FUNDING AGREEMENTS.— 

23 ‘‘(A) IN GENERAL.—The Secretary may 

24 enter into a phased funding agreement with an 

25 applicant if— 


pamtmann on DSKBC07HB2PROD with BILLS
196 

•S 2016 IS

1 ‘‘(i) the project is highly rated, based 

2 on the evaluations and ratings conducted 

3 pursuant to this section and the applicable 

4 notice of funding opportunity; and 

5 ‘‘(ii) the Federal assistance to be pro6 vided for the project under this section is 

7 more than $80,000,000. 

8 ‘‘(B) TERMS.—A phased funding agree9 ment shall— 

10 ‘‘(i) establish the terms of participa11 tion by the Federal Government in the 

12 project; 

13 ‘‘(ii) establish the maximum amount 

14 of Federal financial assistance for the 

15 project; 

16 ‘‘(iii) include the period of time for 

17 completing the project, even if such period 

18 extends beyond the period for which Fed19 eral financial assistance is authorized; 

20 ‘‘(iv) make timely and efficient man21 agement of the project easier in accordance 

22 with Federal law; and 

23 ‘‘(v) if applicable, specify when the 

24 process for complying with the National 

25 Environmental Policy Act of 1969 (42 


pamtmann on DSKBC07HB2PROD with BILLS
197 

•S 2016 IS

1 U.S.C. 4321 et seq.) and related environ2 mental laws will be completed for the 

3 project. 

4 ‘‘(C) SPECIAL FINANCIAL RULES.— 

5 ‘‘(i) IN GENERAL.—A phased funding 

6 agreement under this paragraph obligates 

7 an amount of available budget authority 

8 specified in law and may include a commit9 ment, contingent on amounts to be speci10 fied in law in advance for commitments 

11 under this paragraph, to obligate an addi12 tional amount from future available budget 

13 authority specified in law. 

14 ‘‘(ii) STATEMENT OF CONTINGENT

15 COMMITMENT.—The agreement shall state 

16 that the contingent commitment is not an 

17 obligation of the Government. 

18 ‘‘(iii) INTEREST AND OTHER FINANC19 ING COSTS.—Interest and other financing 

20 costs of efficiently carrying out a part of 

21 the project within a reasonable time are a 

22 cost of carrying out the project under a 

23 phased funding agreement, except that eli24 gible costs may not be more than the cost 

25 of the most favorable financing terms reaVerDate Sep 11 2014 21:39 Jun 14, 2021 Jkt 019200 PO 00000 Frm 00197 Fmt 6652 Sfmt 6201 E:\BILLS\S2016.IS S2016

pamtmann on DSKBC07HB2PROD with BILLS
198 

•S 2016 IS

1 sonably available for the project at the 

2 time of borrowing. The applicant shall cer3 tify, to the satisfaction of the Secretary, 

4 that the applicant has shown reasonable 

5 diligence in seeking the most favorable fi6 nancing terms. 

7 ‘‘(iv) FAILURE TO CARRY OUT

8 PROJECT.—If an applicant does not carry 

9 out the project for reasons within the con10 trol of the applicant, the applicant shall 

11 repay all Federal grant funds awarded for 

12 the project from all Federal funding 

13 sources, for all project activities, facilities, 

14 and equipment, plus reasonable interest 

15 and penalty charges allowable by law or es16 tablished by the Secretary in the phased 

17 funding agreement. For purposes of this 

18 clause, a process for complying with the 

19 National Environmental Policy Act of 

20 1969 (42 U.S.C. 4321 et seq.) that results 

21 in the selection of the no build alternative 

22 is not within the applicant’s control. 

23 ‘‘(v) CREDITING OF FUNDS RE24 CEIVED.—Any funds received by the Gov25 ernment under this paragraph, except for 


pamtmann on DSKBC07HB2PROD with BILLS
199 

•S 2016 IS

1 interest and penalty charges, shall be cred2 ited to the appropriation account from 

3 which the funds were originally derived.’’; 

4 (E) in paragraph (3), as redesignated— 

5 (i) in subparagraph (A), in the matter 

6 preceding clause (i), by inserting ‘‘a 

7 phased funding agreement under para8 graph (2) or’’ after ‘‘issuing’’; and 

9 (ii) in subparagraph (B)(i), by insert10 ing ‘‘the phased funding agreement or’’ 

11 after ‘‘a copy of’’; and 

12 (F) in paragraph (4), as redesignated— 

13 (i) by striking ‘‘An obligation’’ and in14 serting the following: 

15 ‘‘(B) APPROPRIATIONS REQUIRED.—An 

16 obligation’’; and 

17 (ii) by inserting before subparagraph 

18 (B), as added by clause (i), the following: 

19 ‘‘(A) IN GENERAL.—The Secretary may 

20 enter into phased funding agreements under 

21 this subsection that contain contingent commit22 ments to incur obligations in such amounts as 

23 the Secretary determines are appropriate.’’; and 

24 (7) by adding at the end the following: 


pamtmann on DSKBC07HB2PROD with BILLS
200 

•S 2016 IS

1 ‘‘(j) ANNUAL REPORT ON PHASED FUNDING AGREE2 MENTS AND LETTERS OF INTENT.—Not later than the 

3 first Monday in February of each year, the Secretary shall 

4 submit a report to the Committee on Commerce, Science, 

5 and Transportation of the Senate, the Committee on Ap6 propriations of the Senate, the Committee on Transpor7 tation and Infrastructure of the House of Representatives, 

8 and the Committee on Appropriations of the House of 

9 Representatives that includes— 

10 ‘‘(1) a proposal for the allocation of amounts to 

11 be available to finance grants for projects under this 

12 section among applicants for such amounts; 

13 ‘‘(2) evaluations and ratings, as applicable, for 

14 each project that has received a phased funding 

15 agreement or a letter of intent; and 

16 ‘‘(3) recommendations for each project that has 

17 received a phased funding agreement or a letter of 

18 intent for funding based on the evaluations and rat19 ings, as applicable, and on existing commitments 

20 and anticipated funding levels for the next 3 fiscal 

21 years based on information currently available to the 

22 Secretary. 

23 ‘‘(k) REGIONAL PLANNING GUIDANCE CORRIDOR

24 PLANNING.—The Secretary may withhold up to 5 percent 

25 of the total amount made available to carry out this secVerDate Sep 11 2014 21:39 Jun 14, 2021 Jkt 019200 PO 00000 Frm 00200 Fmt 6652 Sfmt 6201 E:\BILLS\S2016.IS S2016

pamtmann on DSKBC07HB2PROD with BILLS
201 

•S 2016 IS

1 tion to carry out planning and development activities re2 lated to section 25101, including— 

3 ‘‘(1) providing funding to public entities for the 

4 development of corridor development plans selected 

5 under the Corridor Identification and Development 

6 Program; 

7 ‘‘(2) facilitating and providing guidance for 

8 intercity passenger rail systems planning; 

9 ‘‘(3) providing funding for the development and 

10 refinement of intercity passenger rail systems plan11 ning analytical tools and models; and 

12 ‘‘(4) providing funding to public entities for the 

13 development of corridor development plans selected 

14 under the Corridor Identification and Development 

15 Program.’’. 

16 (b) CLERICAL AMENDMENT.—The analysis for chap17 ter 249 of title 49, United States Code, is amended by 

18 striking the item relating to section 24911 and inserting 

19 the following: 

‘‘24911. Federal-State partnership for intercity passenger rail.’’. 

20 SEC. 2308. CORRIDOR IDENTIFICATION AND DEVELOPMENT 

21 PROGRAM. 

22 (a) IN GENERAL.—Part C of subtitle V of title 49, 

23 United States Code, is amended by adding at the end the 

24 following: 


pamtmann on DSKBC07HB2PROD with BILLS
202 

•S 2016 IS

1 ‘‘CHAPTER 251—PASSENGER RAIL 

2 PLANNING 

‘‘Sec. 

‘‘25101. Corridor Identification and Development Program. 

3 ‘‘§ 25101. Corridor Identification and Development 

4 Program 

5 ‘‘(a) IN GENERAL.—Not later than 180 days after 

6 the date of enactment of the Passenger Rail Expansion 

7 and Rail Safety Act of 2021, the Secretary of Transpor8 tation shall establish a program to facilitate the develop9 ment of intercity passenger rail corridors. The program 

10 shall include— 

11 ‘‘(1) a process for eligible entities described in 

12 subsection (b) to submit proposals for the develop13 ment of intercity passenger rail corridors; 

14 ‘‘(2) a process for the Secretary to review and 

15 select proposals in accordance with subsection (c); 

16 ‘‘(3) criteria for determining the level of readi17 ness for Federal financial assistance of an intercity 

18 passenger rail corridor, which shall include— 

19 ‘‘(A) identification of a service operator 

20 which may include Amtrak or private rail car21 riers; 

22 ‘‘(B) identification of a service sponsor or 

23 sponsors; 

24 ‘‘(C) identification capital project sponsors; 


pamtmann on DSKBC07HB2PROD with BILLS
203 

•S 2016 IS

1 ‘‘(D) engagement with the host railroads; 

2 and 

3 ‘‘(E) other criteria as determined appro4 priate by the Secretary; 

5 ‘‘(4) a process for preparing service develop6 ment plans in accordance with subsection (d), in7 cluding the identification of planning funds, such as 

8 funds made available under section 24911(k) and 

9 interstate rail compact grants established under sec10 tion 22210; 

11 ‘‘(5) the creation of a pipeline of intercity pas12 senger rail corridor projects under subsection (g); 

13 ‘‘(6) planning guidance to achieve the purposes 

14 of this section, including guidance for intercity pas15 senger rail corridors not selected under this section; 

16 and 

17 ‘‘(7) such other features as the Secretary con18 siders relevant to the successful development of 

19 intercity passenger rail corridors. 

20 ‘‘(b) ELIGIBLE ENTITIES.—The Secretary may re21 ceive proposals under this section from Amtrak, States, 

22 groups of States, entities implementing interstate com23 pacts, regional passenger rail authorities, regional plan24 ning organizations, political subdivisions of a State, federVerDate Sep 11 2014 21:39 Jun 14, 2021 Jkt 019200 PO 00000 Frm 00203 Fmt 6652 Sfmt 6201 E:\BILLS\S2016.IS S2016

pamtmann on DSKBC07HB2PROD with BILLS
204 

•S 2016 IS

1 ally recognized Indian Tribes, and other public entities, 

2 as determined by the Secretary. 

3 ‘‘(c) CORRIDOR SELECTION.—In selecting intercity 

4 passenger rail corridors pursuant to subsection (a), the 

5 Secretary shall consider— 

6 ‘‘(1) whether the route was identified as part of 

7 a regional or interregional intercity passenger rail 

8 systems planning study; 

9 ‘‘(2) projected ridership, revenues, capital in10 vestment, and operating funding requirements; 

11 ‘‘(3) anticipated environmental, congestion miti12 gation, and other public benefits; 

13 ‘‘(4) projected trip times and their competitive14 ness with other transportation modes; 

15 ‘‘(5) anticipated positive economic and employ16 ment impacts, including development in the areas 

17 near passenger stations, historic districts, or other 

18 opportunity zones; 

19 ‘‘(6) committed or anticipated State, regional 

20 transportation authority, or other non-Federal fund21 ing for operating and capital costs; 

22 ‘‘(7) benefits to rural communities; 

23 ‘‘(8) whether the corridor is included in a 

24 State’s approved State rail plan developed pursuant 

25 to chapter 227; 


pamtmann on DSKBC07HB2PROD with BILLS
205 

•S 2016 IS

1 ‘‘(9) whether the corridor serves historically 

2 unserved or underserved and low-income commu3 nities or areas of persistent poverty; 

4 ‘‘(10) whether the corridor would benefit or im5 prove connectivity with existing or planned transpor6 tation services of other modes; 

7 ‘‘(11) whether the corridor connects at least 2 

8 of the 100 most populated metropolitan areas; 

9 ‘‘(12) whether the corridor would enhance the 

10 regional equity and geographic diversity of intercity 

11 passenger rail service; 

12 ‘‘(13) whether the corridor is or would be inte13 grated into the national rail passenger transpor14 tation system and whether the corridor would create 

15 benefits for other passenger rail routes and services; 

16 and 

17 ‘‘(14) whether a passenger rail operator, includ18 ing a private rail carrier, has expressed support for 

19 the corridor. 

20 ‘‘(d) SERVICE DEVELOPMENT PLANS.—For each cor21 ridor proposal selected for development under this section, 

22 the Secretary shall partner with the entity that submitted 

23 the proposal and relevant States to prepare a service de24 velopment plan (or to update an existing service develop25 ment plan), which shall include— 


pamtmann on DSKBC07HB2PROD with BILLS
206 

•S 2016 IS

1 ‘‘(1) a detailed description of the proposed 

2 intercity passenger rail service, including train fre3 quencies, peak and average operating speeds, and 

4 trip times; 

5 ‘‘(2) a corridor project inventory that— 

6 ‘‘(A) identifies the capital projects nec7 essary to achieve the proposed intercity pas8 senger rail service, including— 

9 ‘‘(i) the capital projects for which 

10 Federal investment will be sought; 

11 ‘‘(ii) the likely project applicants; and 

12 ‘‘(iii) the proposed Federal funding 

13 levels; 

14 ‘‘(B) specifies the order in which Federal 

15 funding will be sought for the capital projects 

16 identified under subparagraph (A), after consid17 ering the appropriate sequence and phasing of 

18 projects based on the anticipated availability of 

19 funds; and 

20 ‘‘(C) is developed in consultation with the 

21 entities listed in subsection (e); 

22 ‘‘(3) a schedule and any associated phasing of 

23 projects and related service initiation or changes; 

24 ‘‘(4) project sponsors and other entities ex25 pected to participate in carrying out the plan; 


pamtmann on DSKBC07HB2PROD with BILLS
207 

•S 2016 IS

1 ‘‘(5) a description of how the corridor would 

2 comply with Federal rail safety and security laws, 

3 orders, and regulations; 

4 ‘‘(6) the locations of existing and proposed sta5 tions; 

6 ‘‘(7) the needs for rolling stock and other 

7 equipment; 

8 ‘‘(8) a financial plan identifying projected— 

9 ‘‘(A) annual revenues; 

10 ‘‘(B) annual ridership; 

11 ‘‘(C) capital investments before service 

12 could be initiated; 

13 ‘‘(D) capital investments required to main14 tain service; 

15 ‘‘(E) annual operating and costs; and 

16 ‘‘(F) sources of capital investment and op17 erating financial support; 

18 ‘‘(9) a description of how the corridor would 

19 contribute to the development of a multi-State re20 gional network of intercity passenger rail; 

21 ‘‘(10) an intermodal plan describing how the 

22 new or improved corridor facilitates travel connec23 tions with other passenger transportation services; 

24 ‘‘(11) a description of the anticipated environ25 mental benefits of the corridor; and 


pamtmann on DSKBC07HB2PROD with BILLS
208 

•S 2016 IS

1 ‘‘(12) a description of the corridor’s impacts on 

2 highway and aviation congestion, energy consump3 tion, land use, and economic development in the 

4 service area. 

5 ‘‘(e) CONSULTATION.—In partnering on the prepara6 tion of a service development plan under subsection (d), 

7 the Secretary shall consult with— 

8 ‘‘(1) Amtrak; 

9 ‘‘(2) appropriate State and regional transpor10 tation authorities and local officials; 

11 ‘‘(3) representatives of employee labor organiza12 tions representing railroad and other appropriate 

13 employees; 

14 ‘‘(4) host railroads for the proposed corridor; 

15 and 

16 ‘‘(5) other stakeholders, as determined by the 

17 Secretary. 

18 ‘‘(f) UPDATES.—If at least 40 percent of the work 

19 to implement a service development plan prepared under 

20 subsection (d) has not yet been completed, the plan’s spon21 sor, in consultation with the Secretary, shall determine 

22 whether such plan should be updated. 

23 ‘‘(g) PROJECT PIPELINE.—Not later than 1 year 

24 after the establishment of the program under this section, 

25 and by February 1st of each year thereafter, the Secretary 


pamtmann on DSKBC07HB2PROD with BILLS
209 

•S 2016 IS

1 shall submit to the Committee on Commerce, Science, and 

2 Transportation of the Senate, the Committee on Appro3 priations of the Senate, and the Committee on Transpor4 tation and Infrastructure of the House of Representatives, 

5 and the Committee on Appropriations of the House of 

6 Representatives a project pipeline, in accordance with this 

7 section, that— 

8 ‘‘(1) identifies intercity passenger rail corridors 

9 selected for development under this section; 

10 ‘‘(2) identifies capital projects for Federal in11 vestment, project applicants, and proposed Federal 

12 funding levels, as applicable, consistent with the cor13 ridor project inventory; 

14 ‘‘(3) specifies the order in which the Secretary 

15 would provide Federal financial assistance, subject 

16 to the availability of funds, to projects that have 

17 identified sponsors, including a method and plan for 

18 apportioning funds to project sponsors for a 5-year 

19 period, which may be altered by the Secretary, as 

20 necessary, if recipients are not carrying out projects 

21 on the anticipated schedule; 

22 ‘‘(4) takes into consideration the appropriate 

23 sequence and phasing of projects described in the 

24 corridor project inventory; 


pamtmann on DSKBC07HB2PROD with BILLS
210 

•S 2016 IS

1 ‘‘(5) takes into consideration the existing com2 mitments and anticipated Federal, project applicant, 

3 sponsor, and other relevant funding levels for the 

4 next 5 fiscal years based on information currently 

5 available to the Secretary; 

6 ‘‘(6) is prioritized based on the level of readi7 ness of the corridor; and 

8 ‘‘(7) reflects consultation with Amtrak. 

9 ‘‘(h) DEFINITION.—In this section, the term ‘inter10 city passenger rail corridor’ means— 

11 ‘‘(1) a new intercity passenger rail route of less 

12 than 750 miles; 

13 ‘‘(2) the enhancement of an existing intercity 

14 passenger rail route of less than 750 miles; 

15 ‘‘(3) the restoration of service over all or por16 tions of an intercity passenger rail route formerly 

17 operated by Amtrak; or 

18 ‘‘(4) the increase of service frequency of a long19 distance intercity passenger rail route.’’. 

20 (b) CLERICAL AMENDMENT.—The table of chapters 

21 for subtitle V of title 49, United States Code, is amended 

22 by inserting after the item relating to chapter 249 the fol23 lowing: 

‘‘Chapter 251. Passenger rail planning ...................................25101’’. 


pamtmann on DSKBC07HB2PROD with BILLS
211 

•S 2016 IS

1 SEC. 2309. SURFACE TRANSPORTATION BOARD PASSENGER 

2 RAIL PROGRAM. 

3 The Surface Transportation Board shall— 

4 (1) establish a passenger rail program with pri5 mary responsibility for carrying out the Board’s pas6 senger rail responsibilities; and 

7 (2) hire up to 10 additional full-time employees 

8 to assist in carrying out the responsibilities referred 

9 to in paragraph (1). 

10 SEC. 2310. RAILROAD RIGHTS-OF-WAY. 

11 (a) REVIEW.—The Comptroller General of the United 

12 States shall— 

13 (1) conduct a review of the exemption for rail14 road rights-of-way under section 306108 of title 54, 

15 United States Code, to determine whether and to 

16 what extent the exemption streamlines compliance 

17 with such section; and 

18 (2) quantify the efficiencies achieved by such 

19 exemption and the remaining inefficiencies. 

20 (b) CONSULTATION.—In conducting the review pur21 suant to subsection (a), the Comptroller General shall con22 sult with the Secretary, the Advisory Council on Historic 

23 Preservation, the National Conference of State Historic 

24 Preservation Officers, the National Association of Tribal 

25 Historic Preservation Officers, the Department of the In26 terior, and representatives of the railroad industry. 


pamtmann on DSKBC07HB2PROD with BILLS
212 

•S 2016 IS

1 (c) RECOMMENDATIONS.—Not later than 1 year after 

2 the date of enactment of this Act, the Comptroller General 

3 shall submit a report to the Committee on Commerce, 

4 Science, and Transportation of the Senate and the Com5 mittee on Transportation and Infrastructure of the House 

6 of Representatives that— 

7 (1) describes the results of the review conducted 

8 pursuant to subsection (a); and 

9 (2) includes recommendations for any regu10 latory or legislative amendments that may further 

11 streamline compliance with the requirements under 

12 section 306108 of title 54, United States Code, in 

13 a manner that is consistent with railroad safety and 

14 the policies and purposes of such section, including 

15 recommendations regarding— 

16 (A) the property based exemption; and 

17 (B) ways to improve the process, while en18 suring that historical properties remain pro19 tected under such section. 

20 (d) REPORT TO CONGRESS.—Not later than 180 days 

21 after date of enactment of this Act, the Secretary and the 

22 Advisory Council on Historic Preservation shall submit a 

23 report to the Committee on Commerce, Science, and 

24 Transportation of the Senate and the Committee on 


pamtmann on DSKBC07HB2PROD with BILLS
213 

•S 2016 IS

1 Transportation and Infrastructure of the House of Rep2 resentatives that addresses— 

3 (1) the recommendations received from the 

4 Comptroller General pursuant to subsection (c)(2); 

5 and 

6 (2) the actions that the Secretary will take to 

7 implement such recommendations. 

8 Subtitle D—Rail Safety 

9 SEC. 2401. RAILWAY-HIGHWAY CROSSINGS PROGRAM EVAL10 UATION. 

11 (a) IN GENERAL.—The Secretary shall evaluate the 

12 requirements of the railway-highway crossings program 

13 authorized under section 130 of title 23, United States 

14 Code, to determine whether— 

15 (1) the requirements of the program provide 

16 States sufficient flexibility to adequately address 

17 current and emerging highway-rail grade crossing 

18 safety issues; 

19 (2) the structure of the program provides suffi20 cient incentives and resources to States and local 

21 agencies to make changes at highway-rail grade 

22 crossings that are most effective at reducing deaths 

23 and injuries; 

24 (3) there are appropriate tools and resources to 

25 support States in using data driven programs to deVerDate Sep 11 2014 21:39 Jun 14, 2021 Jkt 019200 PO 00000 Frm 00213 Fmt 6652 Sfmt 6201 E:\BILLS\S2016.IS S2016

pamtmann on DSKBC07HB2PROD with BILLS
214 

•S 2016 IS

1 termine the most cost-effective use of program 

2 funds; and 

3 (4) any statutory changes are recommended to 

4 improve the effectiveness of the program. 

5 (b) REPORT.—Not later than 1 year after the date 

6 of enactment of this Act, the Secretary shall submit a re7 port to the Committee on Commerce, Science, and Trans8 portation of the Senate, the Committee on Environment 

9 and Public Works of the Senate, and the Committee on 

10 Transportation and Infrastructure of the House of Rep11 resentatives that summarizes and describes the results of 

12 the evaluation conducted pursuant to subsection (a), in13 cluding any recommended statutory changes. 

14 SEC. 2402. GRADE CROSSING ACCIDENT PREDICTION 

15 MODEL. 

16 Not later than 2 years after the date of enactment 

17 of this Act, the Administrator of the Federal Railroad Ad18 ministration shall— 

19 (1) update the grade crossing accident pre20 diction and severity model used by the Federal Rail21 road Administration to analyze accident risk at high22 way-rail grade crossings; and 

23 (2) provide training on the use of the updated 

24 grade crossing accident prediction and severity 

25 model. 


pamtmann on DSKBC07HB2PROD with BILLS
215 

•S 2016 IS

1 SEC. 2403. PERIODIC UPDATES TO HIGHWAY-RAIL CROSS2 ING REPORTS AND PLANS. 

3 (a) HIGHWAY-RAIL GRADE CROSSING SAFETY.—Sec4 tion 11401 of the Fixing America’s Surface Transpor5 tation Act (Public Law 114–94; 49 U.S.C. 22907 note) 

6 is amended— 

7 (1) by striking subsection (c); and 

8 (2) by redesignating subsections (d) and (e) as 

9 subsections (c) and (d), respectively. 

10 (b) REPORTS ON HIGHWAY-RAIL GRADE CROSSING

11 SAFETY.— 

12 (1) IN GENERAL.—Chapter 201 of title 49, 

13 United States Code, is amended by inserting after 

14 section 20166 the following: 

15 ‘‘§ 20167. Reports on highway-rail grade crossing 

16 safety 

17 ‘‘(a) REPORT.—Not later than 4 years after the date 

18 by which States are required to submit State highway-rail 

19 grade crossing action plans under section 11401(b) of the 

20 Fixing America’s Surface Transportation Act (49 U.S.C. 

21 22907 note), the Administrator of the Federal Railroad 

22 Administration, in consultation with the Administrator of 

23 the Federal Highway Administration, shall submit a re24 port to the Committee on Commerce, Science, and Trans25 portation of the Senate and the Committee on Transpor26 tation and Infrastructure of the House of Representatives 


pamtmann on DSKBC07HB2PROD with BILLS
216 

•S 2016 IS

1 that summarizes the State highway-rail grade crossing ac2 tion plans, including— 

3 ‘‘(1) an analysis and evaluation of each State 

4 railway-highway crossings program under section 

5 130 of title 23, including— 

6 ‘‘(A) compliance with section 11401 of the 

7 Fixing America’s Surface Transportation Act 

8 and section 130(g) of title 23; and 

9 ‘‘(B) the specific strategies identified by 

10 each State to improve safety at highway-rail 

11 grade crossings, including crossings with mul12 tiple accidents or incidents; 

13 ‘‘(2) the progress of each State in implementing 

14 its State highway-rail grade crossings action plan; 

15 ‘‘(3) the number of highway-rail grade crossing 

16 projects undertaken pursuant to section 130 of title 

17 23, including the distribution of such projects by 

18 cost range, road system, nature of treatment, and 

19 subsequent accident experience at improved loca20 tions; 

21 ‘‘(4) which States are not in compliance with 

22 their schedule of projects under section 130(d) of 

23 title 23; and 


pamtmann on DSKBC07HB2PROD with BILLS
217 

•S 2016 IS

1 ‘‘(5) any recommendations for future implemen2 tation of the railway-highway crossings program 

3 under section 130 of title 23. 

4 ‘‘(b) UPDATES.—Not later than 5 years after the 

5 submission of the report required under subsection (a), the 

6 Administrator of the Federal Railroad Administration, in 

7 consultation with the Administrator of the Federal High8 way Administration, shall— 

9 ‘‘(1) update the report based on the State an10 nual reports submitted pursuant to section 130(g) of 

11 title 23 and any other information obtained by or 

12 available to the Administrator of the Federal Rail13 road Administration; and 

14 ‘‘(2) submit the updated report 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 Representatives. 

18 ‘‘(c) DEFINITIONS.—In this section: 

19 ‘‘(1) HIGHWAY-RAIL GRADE CROSSING.—The 

20 term ‘highway-rail grade crossing’ means a location 

21 within a State, other than a location at which 1 or 

22 more railroad tracks cross 1 or more railroad tracks 

23 at grade, at which— 

24 ‘‘(A) a public highway, road, or street, or 

25 a private roadway, including associated sideVerDate Sep 11 2014 21:39 Jun 14, 2021 Jkt 019200 PO 00000 Frm 00217 Fmt 6652 Sfmt 6201 E:\BILLS\S2016.IS S2016

pamtmann on DSKBC07HB2PROD with BILLS
218 

•S 2016 IS

1 walks and pathways, crosses 1 or more railroad 

2 tracks, either at grade or grade-separated; or 

3 ‘‘(B) a pathway explicitly authorized by a 

4 public authority or a railroad carrier that— 

5 ‘‘(i) is dedicated for the use of non6 vehicular traffic, including pedestrians, 

7 bicyclists, and others; 

8 ‘‘(ii) is not associated with a public 

9 highway, road, or street, or a private road10 way; and 

11 ‘‘(iii) crosses 1 or more railroad 

12 tracks, either at grade or grade-separated. 

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

14 of the United States or the District of Columbia.’’. 

15 (2) CLERICAL AMENDMENT.—The analysis for 

16 chapter 201 of title 49, United States Code, is 

17 amended by inserting after the item relating to sec18 tion 20166 the following: 

‘‘20167. Reports on highway-rail grade crossing safety.’’. 

19 (c) ANNUAL REPORT.—Section 130(g) of title 23, 

20 United States Code, is amended to read as follows: 

21 ‘‘(g) ANNUAL REPORT.— 

22 ‘‘(1) IN GENERAL.—Not later than August 31 

23 of each year, each State shall submit a report to the 

24 Administrator of the Federal Highway Administra25 tion that describes— 


pamtmann on DSKBC07HB2PROD with BILLS
219 

•S 2016 IS

1 ‘‘(A) the progress being made to imple2 ment the railway-highway crossings program 

3 authorized under this section; and 

4 ‘‘(B) the effectiveness of the improvements 

5 made as a result of such implementation. 

6 ‘‘(2) CONTENTS.—Each report submitted pur7 suant to paragraph (1) shall contain an assessment 

8 of— 

9 ‘‘(A) the costs of the various treatments 

10 employed by the State to implement the rail11 way-highway crossings program; and 

12 ‘‘(B) the effectiveness of such treatments, 

13 as measured by the accident experience at the 

14 locations that received such treatments. 

15 ‘‘(3) COORDINATION.—Not later than 30 days 

16 after the Federal Highway Administration’s accept17 ance of each report submitted pursuant to para18 graph (1), the Administrator of the Federal High19 way Administration shall make such report available 

20 to the Administrator of the Federal Railroad Admin21 istration.’’. 

22 SEC. 2404. BLOCKED CROSSING PORTAL. 

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

24 Railroad Administration shall establish a 3-year blocked 

25 crossing portal, which shall include the maintenance of the 


pamtmann on DSKBC07HB2PROD with BILLS
220 

•S 2016 IS

1 portal and corresponding database to receive, store, and 

2 retrieve information regarding blocked highway-rail grade 

3 crossings. 

4 (b) BLOCKED CROSSING PORTAL.—The Adminis5 trator of the Federal Railroad Administration shall estab6 lish a blocked crossing portal that— 

7 (1) collects information from the public, includ8 ing first responders, regarding blocked highway-rail 

9 grade crossing events; 

10 (2) solicits the apparent cause of the blocked 

11 crossing and provides examples of common causes of 

12 blocked crossings, such as idling trains or instances 

13 when lights or gates are activated when no train is 

14 present; 

15 (3) provides each complainant with the contact 

16 information for reporting a blocked crossing to the 

17 relevant railroad; and 

18 (4) encourages each complainant to report the 

19 blocked crossing to the relevant railroad. 

20 (c) COMPLAINTS.—The blocked crossing portal shall 

21 be programmed to receive complaints from the general 

22 public about blocked highway-rail grade crossings. Any 

23 complaint reported through the portal shall indicate 

24 whether the complainant also reported the blocked cross25 ing to the relevant railroad. 


pamtmann on DSKBC07HB2PROD with BILLS
221 

•S 2016 IS

1 (d) INFORMATION RECEIVED.—In reviewing com2 plaints received pursuant to subsection (c), the Federal 

3 Railroad Administration shall review, to the extent prac4 ticable, the information received from the complainant to 

5 account for duplicative or erroneous reporting. 

6 (e) USE OF INFORMATION.—The information re7 ceived and maintained in the blocked crossing portal data8 base shall be used by the Federal Railroad Administra9 tion— 

10 (1) to identify frequent and long-duration 

11 blocked highway-rail grade crossings; 

12 (2) as a basis for conducting outreach to com13 munities, emergency responders, and railroads; 

14 (3) to support collaboration in the prevention of 

15 incidents at highway-rail grade crossings; and 

16 (4) to assess the impacts of blocked crossings. 

17 (f) SHARING INFORMATION RECEIVED.— 

18 (1) IN GENERAL.—The Administrator of the 

19 Federal Railroad Administration shall implement 

20 and make publicly available procedures for sharing 

21 any nonaggregated information received through the 

22 blocked crossing portal with the public. 

23 (2) RULE OF CONSTRUCTION.—Nothing in this 

24 section may be construed to authorize the Federal 


pamtmann on DSKBC07HB2PROD with BILLS
222 

•S 2016 IS

1 Railroad Administration to make publically available 

2 sensitive security information. 

3 (g) ADDITIONAL INFORMATION.—If the information 

4 submitted to the blocked crossing portal is insufficient to 

5 determine the locations and potential impacts of blocked 

6 highway-rail grade crossings, the Federal Railroad Admin7 istration may collect, from the general public, State and 

8 local law enforcement personnel, and others as appro9 priate, such additional information as may be necessary 

10 to make such determinations. 

11 (h) LIMITATIONS.—Complaints, data, and other in12 formation received through the blocked crossing portal 

13 may not be used— 

14 (1) to infer or extrapolate the rate or instances 

15 of crossings beyond the data received through the 

16 portal; or 

17 (2) for any regulatory or enforcement purposes 

18 except those specifically described in this section. 

19 (i) REPORTS.— 

20 (1) ANNUAL PUBLIC REPORT.—The Adminis21 trator of the Federal Railroad Administration shall 

22 publish an annual report on a public website regard23 ing the blocked crossing program, including the un24 derlying causes of blocked crossings, program chal25 lenges, and other findings. 


pamtmann on DSKBC07HB2PROD with BILLS
223 

•S 2016 IS

1 (2) REPORT TO CONGRESS.—Not later than 1 

2 year after the date of enactment of this Act, the Ad3 ministrator of the Federal Railroad Administration 

4 shall submit a report to the Committee on Com5 merce, Science, and Transportation of the Senate 

6 and the Committee on Transportation and Infra7 structure of the House of Representatives that de8 scribes— 

9 (A) based on the information received 

10 through the blocked crossing portal, frequent 

11 and long-duration blocked highway-rail grade 

12 crossings, including the locations, dates, dura13 tions, and impacts resulting from such occur14 rences; 

15 (B) the Federal Railroad Administration’s 

16 process for verifying the accuracy of the com17 plaints submitted to the blocked crossing portal, 

18 including whether the portal continues to be ef19 fective in collecting such information and identi20 fying blocked crossings; 

21 (C) the Federal Railroad Administration’s 

22 use of the data compiled by the blocked cross23 ing portal to assess the underlying cause and 

24 overall impacts of blocked crossings; 


pamtmann on DSKBC07HB2PROD with BILLS
224 

•S 2016 IS

1 (D) the engagement of the Federal Rail2 road Administration with affected parties to 

3 identify and facilitate solutions to frequent and 

4 long-duration blocked highway-rail grade cross5 ings identified by the blocked crossing portal; 

6 and 

7 (E) whether the blocked crossing portal 

8 continues to be an effective method to collect 

9 blocked crossing information and what changes 

10 could improve its effectiveness. 

11 (j) SUNSET.—This section (other than subsection 

12 (k)) shall have no force or effect beginning on the date 

13 that is 3 years after the date of enactment of this Act. 

14 (k) RULE OF CONSTRUCTION.—Nothing in this sec15 tion may be construed to invalidate any authority of the 

16 Secretary with respect to blocked highway-rail grade 

17 crossings. The Secretary may continue to use any such 

18 authority after the sunset date set forth in subsection (j). 

19 SEC. 2405. DATA ACCESSIBILITY. 

20 (a) REVIEW.—Not later than 180 days after the date 

21 of enactment of this Act, the Chief Information Officer 

22 of the Department shall— 

23 (1) conduct a review of the website of the Office 

24 of Safety Analysis of the Federal Railroad Adminis25 tration; and 


pamtmann on DSKBC07HB2PROD with BILLS
225 

•S 2016 IS

1 (2) provide recommendations to the Secretary 

2 for improving the public’s usability and accessibility 

3 of the website referred to in paragraph (1). 

4 (b) UPDATES.—Not later than 1 year after receiving 

5 recommendations from the Chief Information Officer pur6 suant to subsection (a)(2), the Secretary, after considering 

7 such recommendations, shall update the website of the Of8 fice of Safety Analysis of the Federal Railroad Adminis9 tration to improve the usability and accessibility of the 

10 website. 

11 SEC. 2406. EMERGENCY LIGHTING. 

12 Not later than 1 year after the date of enactment 

13 of this Act, the Secretary shall initiate a rulemaking to 

14 require that all rail carriers providing intercity passenger 

15 rail transportation or commuter rail passenger transpor16 tation (as such terms are defined in section 24102 of title 

17 49, United States Code), develop and implement periodic 

18 inspection plans to ensure that passenger equipment of19 fered for revenue service complies with the requirements 

20 under part 238 of title 49, Code of Federal Regulations, 

21 including ensuring that, in the event of a loss of power, 

22 there is adequate emergency lighting available to allow 

23 passengers, crew members, and first responders— 

24 (1) to see and orient themselves; 

25 (2) to identify obstacles; 


pamtmann on DSKBC07HB2PROD with BILLS
226 

•S 2016 IS

1 (3) to safely move throughout the rail car; and 

2 (4) to evacuate safely. 

3 SEC. 2407. COMPREHENSIVE RAIL SAFETY REVIEW OF AM4 TRAK. 

5 (a) COMPREHENSIVE SAFETY ASSESSMENT.—Not 

6 later than 1 year after the date of enactment of this Act, 

7 the Secretary shall— 

8 (1) conduct a focused review of Amtrak’s safe9 ty-related processes and procedures, compliance with 

10 safety regulations and requirements, and overall 

11 safety culture; and 

12 (2) submit a report to the Committee on Com13 merce, Science, and Transportation of the Senate 

14 and the Committee on Transportation and Infra15 structure of the House of Representatives that in16 cludes the findings and recommendations resulting 

17 from such assessment. 

18 (b) PLAN.— 

19 (1) INITIAL PLAN.—Not later than 6 months 

20 after the completion of the comprehensive safety as21 sessment under subsection (a)(1), Amtrak shall sub22 mit a plan to the Committee on Commerce, Science, 

23 and Transportation of the Senate and the Com24 mittee on Transportation and Infrastructure of the 

25 House of Representatives for addressing the findings 


pamtmann on DSKBC07HB2PROD with BILLS
227 

•S 2016 IS

1 and recommendations raised in the comprehensive 

2 safety assessment. 

3 (2) ANNUAL UPDATES.—Amtrak shall submit 

4 annual updates of its progress toward implementing 

5 the plan submitted pursuant to paragraph (1) to the 

6 committees listed in such paragraph. 

7 SEC. 2408. COMPLETION OF HOURS OF SERVICE AND FA8 TIGUE STUDIES. 

9 (a) IN GENERAL.—Not later than 90 days after the 

10 date of enactment of this Act, the Administrator of the 

11 Federal Railroad Administration shall commence the pilot 

12 programs required under subparagraphs (A) and (B) of 

13 section 21109(e)(1) of title 49, United States Code. 

14 (b) CONSULTATION.—The Federal Railroad Adminis15 tration shall consult with the class or craft of employees 

16 impacted by the pilot projects, including railroad carriers, 

17 and representatives of labor organizations representing 

18 the impacted employees when designing and conducting 

19 the pilot programs referred to in subsection (a). 

20 (c) REPORT.—If the pilot programs required under 

21 section 21109(e)(1) of title 49, United States Code, have 

22 not commenced on the date that is 1 year and 120 days 

23 after the date of enactment of this Act, the Secretary, not 

24 later than 30 days after such date, submit a report to the 

25 Committee on Commerce, Science, and Transportation of 


pamtmann on DSKBC07HB2PROD with BILLS
228 

•S 2016 IS

1 the Senate and the Committee on Transportation and In2 frastructure of the House of Representatives that de3 scribes— 

4 (1) the status of such pilot programs; 

5 (2) actions that the Federal Railroad Adminis6 tration has taken to commence the pilot programs, 

7 including efforts to recruit participant railroads; 

8 (3) any challenges impacting the commence9 ment of the pilot programs; and 

10 (4) any other details associated with the devel11 opment of the pilot programs that affect progress to12 ward meeting the mandate under such section 

13 21109(e)(1). 

14 SEC. 2409. POSITIVE TRAIN CONTROL STUDY. 

15 (a) STUDY.—The Comptroller General of the United 

16 States shall conduct a study to determine the annual posi17 tive train control system operation and maintenance costs 

18 for public commuter railroads. 

19 (b) REPORT.—Not later than 2 years after the date 

20 of enactment of this Act, the Comptroller General of the 

21 United States shall submit a report to the Committee on 

22 Commerce, Science, and Transportation of the Senate and 

23 the Committee on Transportation and Infrastructure of 

24 the House of Representatives that summarizes the study 

25 conducted pursuant to subsection (a), including the estiVerDate Sep 11 2014 21:39 Jun 14, 2021 Jkt 019200 PO 00000 Frm 00228 Fmt 6652 Sfmt 6201 E:\BILLS\S2016.IS S2016

pamtmann on DSKBC07HB2PROD with BILLS
229 

•S 2016 IS

1 mated annual positive train control system operation and 

2 maintenance costs for public commuter railroads. 

3 SEC. 2410. OPERATING CREW MEMBER TRAINING, QUALI4 FICATION, AND CERTIFICATION. 

5 (a) AUDITS.—Not later than 60 days after the date 

6 of enactment of this Act, the Secretary shall initiate audits 

7 of the training, qualification, and certification programs 

8 of locomotive engineers and conductors of railroad car9 riers, subject to the requirements of parts 240 and 242 

10 of title 49, Code of Federal Regulations, which audits 

11 shall— 

12 (1) be conducted in accordance with subsection 

13 (b); 

14 (2) consider whether such programs are in com15 pliance with such parts 240 and 242; 

16 (3) assess the type and content of training that 

17 such programs provide locomotive engineers and 

18 conductors, relevant to their respective roles, includ19 ing training related to installed technology; 

20 (4) determine whether such programs provide 

21 locomotive engineers and conductors the knowledge, 

22 skill, and ability to safely operate a locomotive or 

23 train, consistent with such parts 240 and 242; 


pamtmann on DSKBC07HB2PROD with BILLS
230 

•S 2016 IS

1 (5) determine whether such programs reflect 

2 the current operating practices of the railroad car3 rier; 

4 (6) assess the current practice by which rail5 roads utilize simulator training, or any other tech6 nologies used to train and qualify locomotive engi7 neers and conductors by examining how such tech8 nologies are used; 

9 (7) consider international experience and prac10 tice using similar technology, as appropriate, par11 ticularly before qualifying locomotive engineers on 

12 new or unfamiliar equipment, new train control, 

13 diagnostics, or other on-board technology; 

14 (8) assess the current practice for familiarizing 

15 locomotive engineers and conductors with new terri16 tory and using recurrency training to expose such 

17 personnel to normal and abnormal conditions; and 

18 (9) ensure that locomotive engineers and con19 ductor training programs are considered separately, 

20 as appropriate, based on the unique requirements 

21 and regulations. 

22 (b) AUDIT SCHEDULING.—The Secretary shall— 

23 (1) schedule the audits required under sub24 section (a) to ensure that— 


pamtmann on DSKBC07HB2PROD with BILLS
231 

•S 2016 IS

1 (A) each Class I railroad, including the 

2 National Railroad Passenger Corporation and 

3 other intercity passenger rail providers, is au4 dited not less frequently than once every 5 

5 years; and 

6 (B) a select number, as determined appro7 priate by the Secretary, of Class II and Class 

8 III railroads, along with other railroads pro9 viding passenger rail service that are not in10 cluded in subparagraph (A), are audited annu11 ally; and 

12 (2) conduct the audits described in paragraph 

13 (1)(B) in accordance with the Small Business Regu14 latory Enforcement Fairness Act of 1996 (5 U.S.C. 

15 601 note) and appendix C of part 209 of title 49, 

16 Code of Federal Regulations. 

17 (c) UPDATES TO QUALIFICATION AND CERTIFI18 CATION PROGRAM.—If the Secretary, while conducting the 

19 audits required under this section, identifies a deficiency 

20 in a railroad’s training, qualification, and certification pro21 gram for locomotive engineers or conductors, the railroad 

22 shall update the program to eliminate such deficiency. 

23 (d) CONSULTATION AND COOPERATION.— 

24 (1) CONSULTATION.—In conducting any audit 

25 required under this section, the Secretary shall conVerDate Sep 11 2014 21:39 Jun 14, 2021 Jkt 019200 PO 00000 Frm 00231 Fmt 6652 Sfmt 6201 E:\BILLS\S2016.IS S2016

pamtmann on DSKBC07HB2PROD with BILLS
232 

•S 2016 IS

1 sult with the railroad and its employees, including 

2 any nonprofit employee labor organization rep3 resenting the engineers or conductors of the rail4 road. 

5 (2) COOPERATION.—The railroad and its em6 ployees, including any nonprofit employee labor or7 ganization representing engineers or conductors of 

8 the railroad, shall fully cooperate with any such 

9 audit, including by— 

10 (A) providing any relevant documents re11 quested; and 

12 (B) making available any employees for 

13 interview without undue delay or obstruction. 

14 (3) FAILURE TO COOPERATE.—If the Secretary 

15 determines that a railroad or any of its employees, 

16 including any nonprofit employee labor organization 

17 representing engineers or conductors of the railroad 

18 is not fully cooperating with an audit, the Secretary 

19 shall electronically notify the Committee on Com20 merce, Science, and Transportation of the Senate 

21 and the Committee on Transportation and Infra22 structure of the House of Representatives. 

23 (e) REVIEW OF REGULATIONS.—The Secretary shall 

24 triennially determine whether any update to part 240 or 

25 242 of title 49, Code of Federal Regulations, is necessary 


pamtmann on DSKBC07HB2PROD with BILLS
233 

•S 2016 IS

1 to better prepare locomotive engineers and conductors to 

2 safely operate trains by evaluating whether such regula3 tions establish appropriate Federal standards requiring 

4 railroads— 

5 (1) to provide locomotive engineers or conduc6 tors the knowledge and skills to safely operate trains 

7 under conditions that reflect industry practices; 

8 (2) to adequately address locomotive engineer 

9 or conductor route situational awareness, including 

10 ensuring locomotive engineers and conductors to 

11 demonstrate knowledge on the physical characteris12 tics of a territory under various conditions and using 

13 various resources; 

14 (3) to provide relevant and adequate hands-on 

15 training before a locomotive engineer or conductor is 

16 certified; 

17 (4) to adequately prepare locomotive engineers 

18 or conductors to understand relevant locomotive op19 erating characteristics, to include instructions on 

20 functions they are required to operate on any in21 stalled technology; and 

22 (5) to address any other safety issue that the 

23 Secretary determines to be appropriate for better 

24 preparing locomotive engineers or conductors. 


pamtmann on DSKBC07HB2PROD with BILLS
234 

•S 2016 IS

1 (f) ANNUAL REPORT.—The Secretary shall publish 

2 an annual report on the public website of the Federal Rail3 road Administration that— 

4 (1) summarizes the findings of the prior year’s 

5 audits; 

6 (2) summarizes any updates made pursuant to 

7 subsection (c); and 

8 (3) excludes and confidential business informa9 tion or sensitive security information. 

10 SEC. 2411. TRANSPARENCY AND SAFETY. 

11 Section 20103(d) of title 49, United States Code, is 

12 amended to read as follows: 

13 ‘‘(d) NONEMERGENCY WAIVERS.— 

14 ‘‘(1) IN GENERAL.—The Secretary of Transpor15 tation may waive, or suspend the requirement to 

16 comply with, any part of a regulation prescribed or 

17 an order issued under this chapter if such waiver or 

18 suspension is in the public interest and consistent 

19 with railroad safety. 

20 ‘‘(2) NOTICE REQUIRED.—The Secretary 

21 shall— 

22 ‘‘(A) provide timely public notice of any re23 quest for a waiver under this subsection or for 

24 a suspension under subpart E of part 211 of 


pamtmann on DSKBC07HB2PROD with BILLS
235 

•S 2016 IS

1 title 49, Code of Federal Regulations, or suc2 cessor regulations; 

3 ‘‘(B) make available the application for 

4 such waiver or suspension and any nonconfiden5 tial underlying data to interested parties; 

6 ‘‘(C) provide the public with notice and a 

7 reasonable opportunity to comment on a pro8 posed waiver or suspension under this sub9 section before making a final decision; and 

10 ‘‘(D) publish on a publicly accessible 

11 website the reasons for granting each such 

12 waiver or suspension. 

13 ‘‘(3) INFORMATION PROTECTION.—Nothing in 

14 this subsection may be construed to require the re15 lease of information protected by law from public 

16 disclosure. 

17 ‘‘(4) RULEMAKING.— 

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

19 after the first day on which a waiver under this 

20 subsection or a suspension under subpart E of 

21 part 211 of title 49, Code of Federal Regula22 tions, or successor regulations, has been in con23 tinuous effect for a 6-year period, the Secretary 

24 shall complete a review and analysis of such 

25 waiver or suspension to determine whether 


pamtmann on DSKBC07HB2PROD with BILLS
236 

•S 2016 IS

1 issuing a rule that is consistent with the waiver 

2 is— 

3 ‘‘(i) in the public interest; and 

4 ‘‘(ii) consistent with railroad safety. 

5 ‘‘(B) FACTORS.—In conducting the review 

6 and analysis under subparagraph (A), the Sec7 retary shall consider— 

8 ‘‘(i) the relevant safety record under 

9 the waiver; 

10 ‘‘(ii) the likelihood that other entities 

11 would have similar safety outcomes; 

12 ‘‘(iii) the materials submitted in the 

13 applications, including any comments re14 garding such materials; and 

15 ‘‘(iv) related rulemaking activity. 

16 ‘‘(C) NOTICE AND COMMENT.—The Sec17 retary shall publish notice of the review and 

18 analysis of the waiver in the Federal Register, 

19 which shall include a summary of the data col20 lected and all relevant underlying data, which 

21 may be included in a regulatory update under 

22 subparagraph (D). 

23 ‘‘(D) REGULATORY UPDATE.—The Sec24 retary may initiate a rulemaking to incorporate 

25 relevant aspects of a waiver under this subVerDate Sep 11 2014 21:39 Jun 14, 2021 Jkt 019200 PO 00000 Frm 00236 Fmt 6652 Sfmt 6201 E:\BILLS\S2016.IS S2016

pamtmann on DSKBC07HB2PROD with BILLS
237 

•S 2016 IS

1 section or a suspension under subpart E of part 

2 211 of title 49, Code of Federal Regulations, or 

3 successor regulations, into the relevant regula4 tion, to the extent the Secretary considers ap5 propriate. 

6 ‘‘(5) RULE OF CONSTRUCTION.—Nothing in 

7 this subsection may be construed to delay any waiver 

8 granted pursuant to this subsection that is in the 

9 public interest and consistent with railroad safety.’’. 

10 SEC. 2412. RESEARCH AND DEVELOPMENT. 

11 Section 20108 of title 49, United States Code, is 

12 amended by adding at the end the following: 

13 ‘‘(d) FACILITIES.—The Secretary may erect, alter, 

14 and repair buildings and make other public improvements 

15 to carry out necessary railroad research, safety, and train16 ing activities at the Transportation Technology Center in 

17 Pueblo, Colorado. 

18 ‘‘(e) OFFSETTING COLLECTIONS.—The Secretary 

19 may collect fees or rents from facility users to offset ap20 propriated amounts for the cost of providing facilities or 

21 research, development, testing, training, or other services, 

22 including long-term sustainment of the on-site physical 

23 plant. 

24 ‘‘(f) REVOLVING FUND.—Amounts appropriated to 

25 carry out subsection (d) and all fees and rents collected 


pamtmann on DSKBC07HB2PROD with BILLS
238 

•S 2016 IS

1 pursuant to subsection (e) shall be credited to a revolving 

2 fund and remain available until expended. The Secretary 

3 may use such fees and rents for operation, maintenance, 

4 repair, or improvement of the Transportation Technology 

5 Center. 

6 ‘‘(g) LEASES AND CONTRACTS.—Notwithstanding 

7 section 1302 of title 40, the Secretary may lease to others 

8 or enter into contracts for terms of up to 20 years, for 

9 such consideration and subject to such terms and condi10 tions as the Secretary determines to be in the best inter11 ests of the Government of the United States, for the oper12 ation, maintenance, repair, and improvement of the 

13 Transportation Technology Center. 

14 ‘‘(h) PROPERTY AND CASUALTY LOSS INSURANCE.— 

15 The Secretary may allow its lessees and contractors to 

16 purchase property and casualty loss insurance for its as17 sets and activities at the Transportation Technology Cen18 ter to mitigate the lessee’s or contractor’s risk associated 

19 with operating a facility. 

20 ‘‘(i) ENERGY PROJECTS.—Notwithstanding section 

21 1341 of title 31, the Secretary may enter into contracts 

22 or agreements, or commit to obligations in connection with 

23 third-party contracts or agreements, including contingent 

24 liability for the purchase of electric power in connection 

25 with such contracts or agreements, for terms not to exceed 


pamtmann on DSKBC07HB2PROD with BILLS
239 

•S 2016 IS

1 20 years, to enable the use of the land at the Transpor2 tation Technology Center for projects to produce energy 

3 from renewable sources.’’. 

4 SEC. 2413. RAIL RESEARCH AND DEVELOPMENT CENTER 

5 OF EXCELLENCE. 

6 Section 20108 of title 49, United States Code, as 

7 amended by section 2412, is further amended by adding 

8 at the end the following: 

9 ‘‘(j) RAIL RESEARCH AND DEVELOPMENT CENTER

10 OF EXCELLENCE.— 

11 ‘‘(1) CENTER OF EXCELLENCE.—The Secretary 

12 shall award grants to establish and maintain a cen13 ter of excellence to advance research and develop14 ment that improves the safety, efficiency, and reli15 ability of passenger and freight rail transportation. 

16 ‘‘(2) ELIGIBILITY.—An institution of higher 

17 education (as defined in section 102 of the Higher 

18 Education Act of 1965 (20 U.S.C. 1002)) or a con19 sortium of nonprofit institutions of higher education 

20 shall be eligible to receive a grant from the center 

21 established pursuant to paragraph (1). 

22 ‘‘(3) SELECTION CRITERIA.—In awarding a 

23 grant under this subsection, the Secretary shall— 

24 ‘‘(A) give preference to applicants with 

25 strong past performance related to rail reVerDate Sep 11 2014 21:39 Jun 14, 2021 Jkt 019200 PO 00000 Frm 00239 Fmt 6652 Sfmt 6201 E:\BILLS\S2016.IS S2016

pamtmann on DSKBC07HB2PROD with BILLS
240 

•S 2016 IS

1 search, education, and workforce development 

2 activities; 

3 ‘‘(B) consider the extent to which the ap4 plicant would involve public and private sector 

5 passenger and freight railroad operators; and 

6 ‘‘(C) consider the regional and national im7 pacts of the applicant’s proposal. 

8 ‘‘(4) USE OF FUNDS.—Grant funds awarded 

9 pursuant to this subsection shall be used for basic 

10 and applied research, evaluation, education, work11 force development, and training efforts related to 

12 safety, efficiency, reliability, resiliency, and sustain13 ability of urban commuter, intercity high-speed, and 

14 freight rail transportation, to include advances in 

15 rolling stock, advanced positive train control, human 

16 factors, rail infrastructure, shared corridors, grade 

17 crossing safety, inspection technology, remote sens18 ing, rail systems maintenance, network resiliency, 

19 operational reliability, energy efficiency, and other 

20 advanced technologies. 

21 ‘‘(5) FEDERAL SHARE.—The Federal share of a 

22 grant awarded under this subsection shall be 50 per23 cent of the cost of establishing and operating the 

24 center of excellence and related research activities 

25 carried out by the grant recipient.’’. 


pamtmann on DSKBC07HB2PROD with BILLS
241 

•S 2016 IS

1 SEC. 2414. QUARTERLY REPORT ON POSITIVE TRAIN CON2 TROL SYSTEM PERFORMANCE. 

3 Section 20157 of title 49, United States Code, is 

4 amended by adding at the end the following: 

5 ‘‘(m) REPORTS ON POSITIVE TRAIN CONTROL SYS6 TEM PERFORMANCE.— 

7 ‘‘(1) IN GENERAL.—Each host railroad subject 

8 to this section or subpart I of part 236 of title 49, 

9 Code of Federal Regulations, shall electronically sub10 mit to the Secretary of Transportation a Report of 

11 PTC System Performance on Form FRA F 

12 6180.152, which shall be submitted on or before the 

13 applicable due date set forth in paragraph (3) and 

14 contain the information described in paragraph (2), 

15 which shall be separated by the host railroad, each 

16 applicable tenant railroad, and each positive train 

17 control-governed track segment, consistent with the 

18 railroad’s positive train control Implementation Plan 

19 described in subsection (a)(1). 

20 ‘‘(2) REQUIRED INFORMATION.—Each report 

21 submitted pursuant to paragraph (1) shall include, 

22 for the applicable reporting period— 

23 ‘‘(A) the number of positive train control 

24 system initialization failures, disaggregated by 

25 the number of initialization failures for which 

26 the source or cause was the onboard subsystem, 


pamtmann on DSKBC07HB2PROD with BILLS
242 

•S 2016 IS

1 the wayside subsystem, the communications 

2 subsystem, the back office subsystem, or a non3 positive train control component; 

4 ‘‘(B) the number of positive train control 

5 system cut outs, disaggregated by each compo6 nent listed in subparagraph (A) that was the 

7 source or cause of such cut outs; 

8 ‘‘(C) the number of positive train control 

9 system malfunctions, disaggregated by each 

10 component listed in subparagraph (A) that was 

11 the source or cause of such malfunctions; 

12 ‘‘(D) the number of enforcements by the 

13 positive train control system; 

14 ‘‘(E) the number of enforcements by the 

15 positive train control system in which it is rea16 sonable to assume an accident or incident was 

17 prevented; 

18 ‘‘(F) the number of scheduled attempts at 

19 initialization of the positive train control sys20 tem; 

21 ‘‘(G) the number of train miles governed 

22 by the positive train control system; and 

23 ‘‘(H) a summary of any actions the host 

24 railroad and its tenant railroads are taking to 

25 reduce the frequency and rate of initialization 


pamtmann on DSKBC07HB2PROD with BILLS
243 

•S 2016 IS

1 failures, cut outs, and malfunctions, such as 

2 any actions to correct or eliminate systemic 

3 issues and specific problems. 

4 ‘‘(3) DUE DATES.— 

5 ‘‘(A) IN GENERAL.—Except as provided in 

6 subparagraph (B), each host railroad shall elec7 tronically submit the report required under 

8 paragraph (1) not later than— 

9 ‘‘(i) April 30, for the period from Jan10 uary 1 through March 31; 

11 ‘‘(ii) July 31, for the period from 

12 April 1 through June 30; 

13 ‘‘(iii) October 31, for the period from 

14 July 1 through September 30; and 

15 ‘‘(iv) January 31, for the period from 

16 October 1 through December 31 of the 

17 prior calendar year. 

18 ‘‘(B) FREQUENCY REDUCTION.—Beginning 

19 on the date that is 3 years after the date of en20 actment of the Passenger Rail Expansion and 

21 Rail Safety Act of 2021, the Secretary shall re22 duce the frequency with which host railroads 

23 are required to submit the report described in 

24 paragraph (1) to not less frequently than twice 

25 per year, unless the Secretary— 


pamtmann on DSKBC07HB2PROD with BILLS
244 

•S 2016 IS

1 ‘‘(i) determines that quarterly report2 ing is in the public interest; and 

3 ‘‘(ii) publishes a justification for such 

4 determination in the Federal Register. 

5 ‘‘(4) TENANT RAILROADS.—Each tenant rail6 road that operates on a host railroad’s positive train 

7 control-governed main line and is not currently sub8 ject to an exception under section 236.1006(b) of 

9 title 49, Code of Federal Regulations, shall submit 

10 the information described in paragraph (2) to each 

11 applicable host railroad on a continuous basis. 

12 ‘‘(5) ENFORCEMENTS.—Any railroad operating 

13 a positive train control system classified under Fed14 eral Railroad Administration Type Approval number 

15 FRA–TA–2010–001 or FRA–TA–2013–003 shall 

16 begin submitting the metric required under para17 graph (2)(D) not later than January 31, 2023.’’. 

18 SEC. 2415. SPEED LIMIT ACTION PLANS. 

19 (a) CODIFICATION OF, AND AMENDMENT TO, SEC20 TION 11406 OF THE FAST ACT.—Subchapter II of chap21 ter 201 of subtitle V of title 49, United States Code, is 

22 amended by inserting after section 20168 the following: 

23 ‘‘§ 20169. Speed limit action plans 

24 ‘‘(a) IN GENERAL.—Not later than March 3, 2016, 

25 each railroad carrier providing intercity rail passenger 


pamtmann on DSKBC07HB2PROD with BILLS
245 

•S 2016 IS

1 transportation or commuter rail passenger transportation, 

2 in consultation with any applicable host railroad carrier, 

3 shall survey its entire system and identify each main track 

4 location where there is a reduction of more than 20 miles 

5 per hour from the approach speed to a curve, bridge, or 

6 tunnel and the maximum authorized operating speed for 

7 passenger trains at that curve, bridge, or tunnel. 

8 ‘‘(b) ACTION PLANS.—Not later than 120 days after 

9 the date that the survey under subsection (a) is complete, 

10 a railroad carrier described in subsection (a) shall submit 

11 to the Secretary of Transportation an action plan that— 

12 ‘‘(1) identifies each main track location where 

13 there is a reduction of more than 20 miles per hour 

14 from the approach speed to a curve, bridge, or tun15 nel and the maximum authorized operating speed for 

16 passenger trains at that curve, bridge, or tunnel; 

17 ‘‘(2) describes appropriate actions to enable 

18 warning and enforcement of the maximum author19 ized speed for passenger trains at each location iden20 tified under paragraph (1), including— 

21 ‘‘(A) modification to automatic train con22 trol systems, if applicable, or other signal sys23 tems; 

24 ‘‘(B) increased crew size; 


pamtmann on DSKBC07HB2PROD with BILLS
246 

•S 2016 IS

1 ‘‘(C) installation of signage alerting train 

2 crews of the maximum authorized speed for 

3 passenger trains in each location identified 

4 under paragraph (1); 

5 ‘‘(D) installation of alerters; 

6 ‘‘(E) increased crew communication; and 

7 ‘‘(F) other practices; 

8 ‘‘(3) contains milestones and target dates for 

9 implementing each appropriate action described 

10 under paragraph (2); and 

11 ‘‘(4) ensures compliance with the maximum au12 thorized speed at each location identified under 

13 paragraph (1). 

14 ‘‘(c) APPROVAL.—Not later than 90 days after the 

15 date on which an action plan is submitted under sub16 section (b) or (d)(2), the Secretary shall approve, approve 

17 with conditions, or disapprove the action plan. 

18 ‘‘(d) PERIODIC REVIEWS AND UPDATES.—Each rail19 road carrier that submits an action plan to the Secretary 

20 pursuant to subsection (b) shall— 

21 ‘‘(1) not later than 1 year after the date of en22 actment of the Passenger Rail Expansion and Rail 

23 Safety Act of 2021, and annually thereafter, review 

24 such plan to ensure the effectiveness of actions 

25 taken to enable warning and enforcement of the 


pamtmann on DSKBC07HB2PROD with BILLS
247 

•S 2016 IS

1 maximum authorized speed for passenger trains at 

2 each location identified pursuant to subsection 

3 (b)(1); and 

4 ‘‘(2) not later than 90 days before imple5 menting any significant operational or territorial op6 erating change, including initiating a new service or 

7 route, submit to the Secretary a revised action plan, 

8 after consultation with any applicable host railroad, 

9 that addresses such operational or territorial oper10 ating change. 

11 ‘‘(e) NEW SERVICE.—If a railroad carrier providing 

12 intercity rail passenger transportation or commuter rail 

13 passenger transportation did not exist on the date of en14 actment of the FAST Act (Public Law 114–94; 129 Stat. 

15 1312), such railroad carrier, in consultation with any ap16 plicable host railroad carrier, shall— 

17 ‘‘(1) survey its routes pursuant to subsection 

18 (a) not later than 90 days after the date of enact19 ment of the Passenger Rail Expansion and Rail 

20 Safety Act of 2021; and 

21 ‘‘(2) develop an action plan pursuant to sub22 section (b) not later than 120 days after the date on 

23 which such survey is complete. 

24 ‘‘(f) ALTERNATIVE SAFETY MEASURES.—The Sec25 retary may exempt from the requirements under this secVerDate Sep 11 2014 21:39 Jun 14, 2021 Jkt 019200 PO 00000 Frm 00247 Fmt 6652 Sfmt 6201 E:\BILLS\S2016.IS S2016

pamtmann on DSKBC07HB2PROD with BILLS
248 

•S 2016 IS

1 tion each segment of track for which operations are gov2 erned by a positive train control system certified under 

3 section 20157, or any other safety technology or practice 

4 that would achieve an equivalent or greater level of safety 

5 in reducing derailment risk. 

6 ‘‘(g) PROHIBITION.—No new intercity or commuter 

7 rail passenger service may begin operation unless the rail8 road carrier providing such service is in compliance with 

9 the requirements under this section. 

10 ‘‘(h) SAVINGS CLAUSE.—Nothing in this section may 

11 be construed to prohibit the Secretary from applying the 

12 requirements under this section to other segments of track 

13 at high risk of overspeed derailment.’’. 

14 (b) CLERICAL AMENDMENT.—The analysis for chap15 ter 201 of subtitle V of title 49, United States Code, is 

16 amended by adding at the end the following: 

‘‘20169. Speed limit action plans.’’. 

17 SEC. 2416. NEW PASSENGER SERVICE PRE-REVENUE SAFE18 TY VALIDATION PLAN. 

19 (a) IN GENERAL.—Subchapter II of chapter 201 of 

20 subtitle V of title 49, United States Code, as amended by 

21 section 2415, is further amended by adding at the end 

22 the following: 

23 ‘‘§ 20170. Pre-revenue service safety validation plan 

24 ‘‘(a) PLAN SUBMISSION.—Any railroad providing 

25 new, regularly scheduled, intercity or commuter rail pasVerDate Sep 11 2014 21:39 Jun 14, 2021 Jkt 019200 PO 00000 Frm 00248 Fmt 6652 Sfmt 6201 E:\BILLS\S2016.IS S2016

pamtmann on DSKBC07HB2PROD with BILLS
249 

•S 2016 IS

1 senger transportation, an extension of existing service, or 

2 a renewal of service that has been discontinued for more 

3 than 180 days shall develop and submit for review a com4 prehensive pre-revenue service safety validation plan to the 

5 Secretary of Transportation not later than 60 days before 

6 initiating such revenue service. Such plan shall include 

7 pertinent safety milestones and a minimum period of sim8 ulated revenue service to ensure operational readiness and 

9 that all safety sensitive personnel are properly trained and 

10 qualified. 

11 ‘‘(b) COMPLIANCE.—After submitting a plan pursu12 ant to subsection (a), the railroad shall adopt and comply 

13 with such plan and may not amend the plan without first 

14 notifying the Secretary of the proposed amendment. Rev15 enue service may not begin until the railroad has com16 pleted the requirements of its plan, including the min17 imum simulated service period required by the plan. 

18 ‘‘(c) RULEMAKING.—The Secretary shall promulgate 

19 regulations to carry out this section, including— 

20 ‘‘(1) requiring that any identified safety defi21 ciencies be addressed and corrected before the initi22 ation of revenue service; and 

23 ‘‘(2) establishing appropriate deadlines to en24 able the Secretary to review and approve the pre-revVerDate Sep 11 2014 21:39 Jun 14, 2021 Jkt 019200 PO 00000 Frm 00249 Fmt 6652 Sfmt 6201 E:\BILLS\S2016.IS S2016

pamtmann on DSKBC07HB2PROD with BILLS
250 

•S 2016 IS

1 enue service safety validation plan to ensure that 

2 service is not unduly delayed.’’. 

3 (b) CLERICAL AMENDMENT.—The analysis for chap4 ter 201 of title 49, United States Code, as amended by 

5 section 2415(b), is further amended by adding at the end 

6 the following: 

‘‘20170. Pre-revenue service safety validation plan.’’. 

7 SEC. 2417. FEDERAL RAILROAD ADMINISTRATION ACCI8 DENT AND INCIDENT INVESTIGATIONS. 

9 Section 20902 of title 49, United States Code, is 

10 amended— 

11 (1) in subsection (b) by striking ‘‘subpena’’ and 

12 inserting ‘‘subpoena’’; and 

13 (2) by adding at the end the following: 

14 ‘‘(d) GATHERING INFORMATION AND TECHNICAL

15 EXPERTISE.— 

16 ‘‘(1) IN GENERAL.—The Secretary shall create 

17 a standard process for investigators to use during 

18 accident and incident investigations conducted under 

19 this section for determining when it is appropriate 

20 and the appropriate method for— 

21 ‘‘(A) gathering information about an acci22 dent or incident under investigation from rail23 road carriers, contractors or employees of rail24 road carriers or representatives of employees of 


pamtmann on DSKBC07HB2PROD with BILLS
251 

•S 2016 IS

1 railroad carriers, and others, as determined rel2 evant by the Secretary; and 

3 ‘‘(B) consulting with railroad carriers, con4 tractors or employees of railroad carriers or 

5 representatives of employees of railroad car6 riers, and others, as determined relevant by the 

7 Secretary, for technical expertise on the facts of 

8 the accident or incident under investigation. 

9 ‘‘(2) CONFIDENTIALITY.—In developing the 

10 process required under paragraph (1), the Secretary 

11 shall factor in ways to maintain the confidentiality 

12 of any entity identified under paragraph (1) if— 

13 ‘‘(A) such entity requests confidentiality; 

14 ‘‘(B) such entity was not involved in the 

15 accident or incident; and 

16 ‘‘(C) maintaining such entity’s confiden17 tiality does not adversely affect an investigation 

18 of the Federal Railroad Administration. 

19 ‘‘(3) APPLICABILITY.—This subsection shall not 

20 apply to any investigation carried out by the Na21 tional Transportation Safety Board.’’. 

22 SEC. 2418. CIVIL PENALTY ENFORCEMENT AUTHORITY. 

23 Section 21301(a) of title 49, United States Code, is 

24 amended by striking paragraph (3) and inserting the fol25 lowing: 


pamtmann on DSKBC07HB2PROD with BILLS
252 

•S 2016 IS

1 ‘‘(3) The Secretary may find that a person has vio2 lated this chapter or a regulation prescribed or order, spe3 cial permit, or approval issued under this chapter only 

4 after notice and an opportunity for a hearing. The Sec5 retary shall impose a penalty under this section by giving 

6 the person written notice of the amount of the penalty. 

7 The Secretary may compromise the amount of a civil pen8 alty by settlement agreement without issuance of an order. 

9 In determining the amount of a compromise, the Secretary 

10 shall consider— 

11 ‘‘(A) the nature, circumstances, extent, and 

12 gravity of the violation; 

13 ‘‘(B) with respect to the violator, the degree of 

14 culpability, any history of violations, the ability to 

15 pay, and any effect on the ability to continue to do 

16 business; and 

17 ‘‘(C) other matters that justice requires. 

18 ‘‘(4) The Attorney General may bring a civil action 

19 in an appropriate district court of the United States to 

20 collect a civil penalty imposed or compromise under this 

21 section and any accrued interest on the civil penalty. In 

22 the civil action, the amount and appropriateness of the 

23 civil penalty shall not be subject to review.’’. 


pamtmann on DSKBC07HB2PROD with BILLS
253 

•S 2016 IS

1 SEC. 2419. ADVANCING SAFETY AND INNOVATIVE TECH2 NOLOGY. 

3 (a) IN GENERAL.—Section 26103 of title 49, United 

4 States Code, is amended to read as follows: 

5 ‘‘§ 26103. Safety regulations and evaluation 

6 ‘‘The Secretary shall— 

7 ‘‘(1) promulgate such safety regulations as may 

8 be necessary for high-speed rail services; and 

9 ‘‘(2) before promulgating such regulations, con10 sult with developers of new high-speed rail tech11 nologies to develop a method for evaluating safety 

12 performance.’’. 

13 (b) CLERICAL AMENDMENT.—The analysis for chap14 ter 261 of title 49, United States Code, is amended by 

15 striking the item relating to section 26103 and inserting 

16 the following: 

‘‘26103. Safety regulations and evaluation.’’. 

17 SEC. 2420. PASSENGER RAIL VEHICLE OCCUPANT PROTEC18 TION SYSTEMS. 

19 (a) STUDY.—The Administrator of the Federal Rail20 road Administration shall conduct a study of the potential 

21 installation and use in new passenger rail rolling stock of 

22 passenger rail vehicle occupant protection systems that 

23 could materially improve passenger safety. 

24 (b) CONSIDERATIONS.—In conducting the study 

25 under subsection (a), the Administrator shall consider 


pamtmann on DSKBC07HB2PROD with BILLS
254 

•S 2016 IS

1 minimizing the risk of secondary collisions, including esti2 mating the costs and benefits of the new requirements, 

3 through the use of— 

4 (1) occupant restraint systems; 

5 (2) air bags; 

6 (3) emergency window retention systems; and 

7 (4) interior designs, including seats, baggage 

8 restraints, and table configurations and attach9 ments. 

10 (c) REPORT.—Not later than 2 years after the date 

11 of enactment of this Act, the Administrator shall— 

12 (1) submit a report summarizing the findings of 

13 the study conducted pursuant to subsection (a) to 

14 the Committee on Commerce, Science, and Trans15 portation of the Senate and the Committee on 

16 Transportation and Infrastructure of the House of 

17 Representatives; and 

18 (2) publish such report on the website of the 

19 Federal Railroad Administration. 

20 (d) RULEMAKING.—Following the completion of the 

21 study required under subsection (a), and after considering 

22 the costs and benefits of the proposed protection systems, 

23 the Administrator may promulgate a rule that establishes 

24 standards for the use of occupant protection systems in 

25 new passenger rail rolling stock. 


pamtmann on DSKBC07HB2PROD with BILLS
255 

•S 2016 IS

1 SEC. 2421. FEDERAL RAILROAD ADMINISTRATION SAFETY 

2 REPORTING. 

3 Not later than 1 year after the date of enactment 

4 of this Act, and annually thereafter for the following 4 

5 years, the Secretary shall update Special Study Block 49 

6 on Form FRA F 6180.54 (Rail Equipment Accident/Inci7 dent Report) to collect, with respect to trains involved in 

8 accidents required to be reported to the Federal Railroad 

9 Administration— 

10 (1) the number of cars and length of the in11 volved trains; and 

12 (2) the number of crew members who were 

13 aboard a controlling locomotive involved in an acci14 dent at the time of such accident. 

15 SEC. 2422. NATIONAL ACADEMIES STUDY ON TRAINS 

16 LONGER THAN 7,500 FEET. 

17 (a) STUDY.—The Secretary shall seek to enter into 

18 an agreement with the National Academies to conduct a 

19 study on the operation of freight trains that are longer 

20 than 7,500 feet. 

21 (b) ELEMENTS.—The study conducted pursuant to 

22 subsection (a) shall— 

23 (1) examine any potential impacts to safety 

24 from the operation of freight trains that are longer 

25 than 7,500 feet and the mitigation of any identified 

26 risks, including— 


pamtmann on DSKBC07HB2PROD with BILLS
256 

•S 2016 IS

1 (A) any potential changes in the risk of 

2 loss of communications between the end of train 

3 device and the locomotive cab, including com4 munications over differing terrains and condi5 tions; 

6 (B) any potential changes in the risk of 

7 loss of radio communications between crew 

8 members when a crew member alights from the 

9 train, including communications over differing 

10 terrains and conditions; 

11 (C) any potential changes in the risk of 

12 derailments, including any risks associated with 

13 in-train compressive forces and slack action or 

14 other safety risks in the operations of such 

15 trains in differing terrains and conditions; 

16 (D) any potential impacts associated with 

17 the deployment of multiple distributed power 

18 units in the consists of such trains; and 

19 (E) any potential impacts on braking and 

20 locomotive performance and track wear and 

21 tear; 

22 (2) evaluate any impacts on scheduling and effi23 ciency of passenger operations and in the shipping 

24 of goods by freight as a result of longer trains; 


pamtmann on DSKBC07HB2PROD with BILLS
257 

•S 2016 IS

1 (3) determine whether additional engineer and 

2 conductor training is required for safely operating 

3 such trains; 

4 (4) assess the potential impact on the amount 

5 of time and frequency of occurrence highway-rail 

6 grade crossings are occupied; and 

7 (5) identify any potential environmental im8 pacts, including greenhouse gas emissions, that have 

9 resulted from the operation of longer trains. 

10 (c) COMPARISON.—When evaluating the potential im11 pacts of the operation of trains longer than 7,500 feet 

12 under subsection (b), the impacts of such trains shall be 

13 compared to the impacts of trains that are shorter than 

14 7,500 feet, after taking into account train frequency. 

15 (d) REPORT.—Not later than 2 years after the date 

16 of enactment of this Act, the Secretary shall submit a re17 port 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 that contains the results of the study conducted by the 

21 National Academies under this section. 

22 (e) FUNDING.—From the amounts appropriated for 

23 fiscal year 2021 pursuant to the authorization under sec24 tion 20117(a) of title 49, United States Code, the Sec25 retary shall expend not less than $1,000,000 and not more 


pamtmann on DSKBC07HB2PROD with BILLS
258 

•S 2016 IS

1 than $2,000,000 to carry out the study required under 

2 this section. 

3 SEC. 2423. HIGH-SPEED TRAIN NOISE EMISSIONS. 

4 (a) IN GENERAL.—Section 17 of the Noise Control 

5 Act of 1972 (42 U.S.C. 4916) is amended— 

6 (1) by redesignating subsections (c) and (d) as 

7 subsections (d) and (e), respectively; and 

8 (2) by inserting after subsection (b) the fol9 lowing: 

10 ‘‘(c) HIGH-SPEED TRAIN NOISE EMISSIONS.— 

11 ‘‘(1) IN GENERAL.—The Secretary of Transpor12 tation, in consultation with the Administrator, may 

13 prescribe regulations governing railroad-related noise 

14 emission standards for trains operating on the gen15 eral railroad system of transportation at speeds ex16 ceeding 160 miles per hour, including noise related 

17 to magnetic levitation systems and other new tech18 nologies not traditionally associated with railroads. 

19 ‘‘(2) FACTORS IN RULEMAKING.—The regula20 tions prescribed pursuant to paragraph (1) may— 

21 ‘‘(A) consider variances in maximum pass22 by noise with respect to the speed of the equip23 ment; 

24 ‘‘(B) account for current engineering best 

25 practices; and 


pamtmann on DSKBC07HB2PROD with BILLS
259 

•S 2016 IS

1 ‘‘(C) encourage the use of noise mitigation 

2 techniques to the extent reasonable if the bene3 fits exceed the costs. 

4 ‘‘(3) CONVENTIONAL-SPEED TRAINS.—Railroad5 related noise regulations prescribed under subsection 

6 (a) shall continue to govern noise emissions from the 

7 operation of trains, including locomotives and rail 

8 cars, when operating at speeds not exceeding 160 

9 miles per hour.’’. 

10 (b) TECHNICAL AMENDMENT.—The second sentence 

11 of section 17(b) of the Noise Control Act of 1972 (42 

12 U.S.C. 4916(b)) is amended by striking ‘‘the Safety Appli13 ance Acts, the Interstate Commerce Act, and the Depart14 ment of Transportation Act’’ and inserting ‘‘subtitle V of 

15 title 49, United States Code’’. 

16 SEC. 2424. CRITICAL INCIDENT STRESS PLANS. 

17 The Secretary shall amend part 272 of title 49, Code 

18 of Federal Regulations, to the extent necessary to ensure 

19 that— 

20 (1) the coverage of a critical incident stress 

21 plan under section 272.7 of such part includes em22 ployees of commuter railroads and intercity pas23 senger railroads (as such terms are defined in sec24 tion 272.9 of such part), including employees who 

25 directly interact with passengers; and 


pamtmann on DSKBC07HB2PROD with BILLS
260 

•S 2016 IS

1 (2) an assault against an employee requiring 

2 medical attention is included in the definition of crit3 ical incident under section 272.9 of such part. 

4 TITLE III—MOTOR CARRIER 

5 SAFETY 

6 SEC. 3001. AUTHORIZATION OF APPROPRIATIONS. 

7 (a) ADMINISTRATIVE EXPENSES.—Section 31110 of 

8 title 49, United States Code, is amended by striking sub9 section (a) and inserting the following: 

10 ‘‘(a) ADMINISTRATIVE EXPENSES.—There are au11 thorized to be appropriated from the Highway Trust Fund 

12 (other than the Mass Transit Account) for the Secretary 

13 of Transportation to pay administrative expenses of the 

14 Federal Motor Carrier Safety Administration— 

15 ‘‘(1) $360,000,000 for fiscal year 2022; 

16 ‘‘(2) $367,500,000 for fiscal year 2023; 

17 ‘‘(3) $375,000,000 for fiscal year 2024; 

18 ‘‘(4) $382,500,000 for fiscal year 2025; and 

19 ‘‘(5) $390,000,000 for fiscal year 2026.’’. 

20 (b) FINANCIAL ASSISTANCE PROGRAMS.—Section 

21 31104 of title 49, United States Code, is amended— 

22 (1) by striking subsection (a) and inserting the 

23 following: 


pamtmann on DSKBC07HB2PROD with BILLS
261 

•S 2016 IS

1 ‘‘(a) FINANCIAL ASSISTANCE PROGRAMS.—There are 

2 authorized to be appropriated from the Highway Trust 

3 Fund (other than the Mass Transit Account)— 

4 ‘‘(1) subject to subsection (c), to carry out the 

5 motor carrier safety assistance program under sec6 tion 31102 (other than the high priority program 

7 under subsection (l) of that section)— 

8 ‘‘(A) $390,500,000 for fiscal year 2022; 

9 ‘‘(B) $398,500,000 for fiscal year 2023; 

10 ‘‘(C) $406,500,000 for fiscal year 2024; 

11 ‘‘(D) $414,500,000 for fiscal year 2025; 

12 and 

13 ‘‘(E) $422,500,000 for fiscal year 2026; 

14 ‘‘(2) subject to subsection (c), to carry out the 

15 high priority program under section 31102(l) (other 

16 than the commercial motor vehicle enforcement 

17 training and support grant program under para18 graph (5) of that section)— 

19 ‘‘(A) $57,600,000 for fiscal year 2022; 

20 ‘‘(B) $58,800,000 for fiscal year 2023; 

21 ‘‘(C) $60,000,000 for fiscal year 2024; 

22 ‘‘(D) $61,200,000 for fiscal year 2025; 

23 and 

24 ‘‘(E) $62,400,000 for fiscal year 2026; 


pamtmann on DSKBC07HB2PROD with BILLS
262 

•S 2016 IS

1 ‘‘(3) to carry out the commercial motor vehicle 

2 enforcement training and support grant program 

3 under section 31102(l)(5), $5,000,000 for each of 

4 fiscal years 2022 through 2026; 

5 ‘‘(4) to carry out the commercial motor vehicle 

6 operators grant program under section 31103— 

7 ‘‘(A) $1,100,000 for fiscal year 2022; 

8 ‘‘(B) $1,200,000 for fiscal year 2023; 

9 ‘‘(C) $1,300,000 for fiscal year 2024; 

10 ‘‘(D) $1,400,000 for fiscal year 2025; and 

11 ‘‘(E) $1,500,000 for fiscal year 2026; and 

12 ‘‘(5) subject to subsection (c), to carry out the 

13 financial assistance program for commercial driver’s 

14 license implementation under section 31313— 

15 ‘‘(A) $41,800,000 for fiscal year 2022; 

16 ‘‘(B) $42,650,000 for fiscal year 2023; 

17 ‘‘(C) $43,500,000 for fiscal year 2024; 

18 ‘‘(D) $44,350,000 for fiscal year 2025; 

19 and 

20 ‘‘(E) $45,200,000 for fiscal year 2026.’’; 

21 (2) in subsection (b)(2)— 

22 (A) in the third sentence, by striking ‘‘The 

23 Secretary’’ and inserting the following: 

24 ‘‘(C) IN-KIND CONTRIBUTIONS.—The Sec25 retary’’; 


pamtmann on DSKBC07HB2PROD with BILLS
263 

•S 2016 IS

1 (B) in the second sentence, by striking 

2 ‘‘The Secretary’’ and inserting the following: 

3 ‘‘(B) LIMITATION.—The Secretary’’; 

4 (C) in the first sentence— 

5 (i) by inserting ‘‘(except subsection 

6 (l)(5) of that section)’’ after ‘‘section 

7 31102’’; and 

8 (ii) by striking ‘‘The Secretary’’ and 

9 inserting the following: 

10 ‘‘(A) REIMBURSEMENT PERCENTAGE.— 

11 ‘‘(i) IN GENERAL.—The Secretary’’; 

12 and 

13 (D) in subparagraph (A) (as so des14 ignated), by adding at the end the following: 

15 ‘‘(ii) COMMERCIAL MOTOR VEHICLE

16 ENFORCEMENT TRAINING AND SUPPORT

17 GRANT PROGRAM.—The Secretary shall re18 imburse a recipient, in accordance with a 

19 financial assistance agreement made under 

20 section 31102(l)(5), an amount that is 

21 equal to 100 percent of the costs incurred 

22 by the recipient in a fiscal year in devel23 oping and implementing a training pro24 gram under that section.’’; 

25 (3) in subsection (c)— 


pamtmann on DSKBC07HB2PROD with BILLS
264 

•S 2016 IS

1 (A) in the subsection heading, by striking 

2 ‘‘PARTNER TRAINING AND’’; 

3 (B) in the first sentence— 

4 (i) by striking ‘‘(4)’’ and inserting 

5 ‘‘(5)’’; and 

6 (ii) by striking ‘‘partner training 

7 and’’; and 

8 (C) by striking the second sentence; 

9 (4) in subsection (f)— 

10 (A) in paragraph (1), by striking ‘‘for the 

11 next fiscal year’’ and inserting ‘‘for the next 2 

12 fiscal years’’; 

13 (B) in paragraph (4), by striking ‘‘for the 

14 next fiscal year’’ and inserting ‘‘for the next 2 

15 fiscal years’’; 

16 (C) by redesignating paragraphs (4) and 

17 (5) as paragraphs (5) and (6), respectively; and 

18 (D) by inserting after paragraph (3) the 

19 following: 

20 ‘‘(4) For grants made for carrying out section 

21 31102(l)(5), for the fiscal year in which the Sec22 retary approves the financial assistance agreement 

23 and for the next 4 fiscal years.’’; and 

24 (5) in subsection (i)— 


pamtmann on DSKBC07HB2PROD with BILLS
265 

•S 2016 IS

1 (A) by striking ‘‘Amounts not expended’’ 

2 and inserting the following: 

3 ‘‘(1) IN GENERAL.—Except as provided in para4 graph (2), amounts not expended’’; and 

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

6 ‘‘(2) MOTOR CARRIER SAFETY ASSISTANCE PRO7 GRAM.—Amounts made available for the motor car8 rier safety assistance program established under sec9 tion 31102 (other than amounts made available to 

10 carry out section 31102(l)) that are not expended by 

11 a recipient during the period of availability shall be 

12 released back to the Secretary for reallocation under 

13 that program.’’. 

14 (c) ENFORCEMENT DATA UPDATES.—Section 

15 31102(h)(2)(A) of title 49, United States Code, is amend16 ed by striking ‘‘2004 and 2005’’ and inserting ‘‘2014 and 

17 2015’’. 

18 SEC. 3002. MOTOR CARRIER SAFETY ADVISORY COM19 MITTEE. 

20 Section 4144 of the SAFETEA–LU (49 U.S.C. 

21 31100 note; Public Law 109–59) is amended— 

22 (1) in subsection (b)(1), in the second sentence, 

23 by inserting ‘‘, including small business motor car24 riers’’ after ‘‘industry’’; and 


pamtmann on DSKBC07HB2PROD with BILLS
266 

•S 2016 IS

1 (2) in subsection (d), by striking ‘‘September 

2 30, 2013’’ and inserting ‘‘September 30, 2025’’. 

3 SEC. 3003. COMBATING HUMAN TRAFFICKING. 

4 Section 31102(l) of title 49, United States Code, is 

5 amended— 

6 (1) in paragraph (2)— 

7 (A) in subparagraph (G)(ii), by striking 

8 ‘‘and’’ at the end; 

9 (B) by redesignating subparagraph (H) as 

10 subparagraph (J); and 

11 (C) by inserting after subparagraph (G) 

12 the following: 

13 ‘‘(H) support, through the use of funds 

14 otherwise available for such purposes— 

15 ‘‘(i) the recognition, prevention, and 

16 reporting of human trafficking, including 

17 the trafficking of human beings— 

18 ‘‘(I) in a commercial motor vehi19 cle; or 

20 ‘‘(II) by any occupant, including 

21 the operator, of a commercial motor 

22 vehicle; 

23 ‘‘(ii) the detection of criminal activity 

24 or any other violation of law relating to 

25 human trafficking; and 


pamtmann on DSKBC07HB2PROD with BILLS
267 

•S 2016 IS

1 ‘‘(iii) enforcement of laws relating to 

2 human trafficking; 

3 ‘‘(I) otherwise support the recognition, pre4 vention, and reporting of human trafficking; 

5 and’’; and 

6 (2) in paragraph (3)(D)— 

7 (A) in clause (ii), by striking ‘‘and’’ at the 

8 end; 

9 (B) in clause (iii), by striking the period at 

10 the end and inserting a semicolon; and 

11 (C) by adding at the end the following: 

12 ‘‘(iv) for the detection of, and enforce13 ment actions taken as a result of, criminal 

14 activity (including the trafficking of human 

15 beings)— 

16 ‘‘(I) in a commercial motor vehi17 cle; or 

18 ‘‘(II) by any occupant, including 

19 the operator, of a commercial motor 

20 vehicle; and 

21 ‘‘(v) in addition to any funds other22 wise made available for the recognition, 

23 prevention, and reporting of human traf24 ficking, to support the recognition, preven25 tion, and reporting of human trafficking.’’. 


pamtmann on DSKBC07HB2PROD with BILLS
268 

•S 2016 IS

1 SEC. 3004. IMMOBILIZATION GRANT PROGRAM. 

2 Section 31102(l) of title 49, United States Code, is 

3 amended by adding at the end the following: 

4 ‘‘(4) IMMOBILIZATION GRANT PROGRAM.— 

5 ‘‘(A) DEFINITION OF PASSENGER-CAR6 RYING COMMERCIAL MOTOR VEHICLE.—In this 

7 paragraph, the term ‘passenger-carrying com8 mercial motor vehicle’ has the meaning given 

9 the term ‘commercial motor vehicle’ in section 

10 31301. 

11 ‘‘(B) ESTABLISHMENT.—The Secretary 

12 shall establish an immobilization grant program 

13 under which the Secretary shall provide to 

14 States discretionary grants for the immobiliza15 tion or impoundment of passenger-carrying 

16 commercial motor vehicles that— 

17 ‘‘(i) are determined to be unsafe; or 

18 ‘‘(ii) fail inspection. 

19 ‘‘(C) LIST OF CRITERIA FOR IMMOBILIZA20 TION.—The Secretary, in consultation with 

21 State commercial motor vehicle entities, shall 

22 develop a list of commercial motor vehicle safety 

23 violations and defects that the Secretary deter24 mines warrant the immediate immobilization of 

25 a passenger-carrying commercial motor vehicle. 


pamtmann on DSKBC07HB2PROD with BILLS
269 

•S 2016 IS

1 ‘‘(D) ELIGIBILITY.—A State shall be eligi2 ble to receive a grant under this paragraph only 

3 if the State has the authority to require the im4 mobilization or impoundment of a passenger5 carrying commercial motor vehicle— 

6 ‘‘(i) with respect to which a motor ve7 hicle safety violation included in the list 

8 developed under subparagraph (C) is deter9 mined to exist; or 

10 ‘‘(ii) that is determined to have a de11 fect included in that list. 

12 ‘‘(E) USE OF FUNDS.—A grant provided 

13 under this paragraph may be used for— 

14 ‘‘(i) the immobilization or impound15 ment of passenger-carrying commercial 

16 motor vehicles described in subparagraph 

17 (D); 

18 ‘‘(ii) safety inspections of those pas19 senger-carrying commercial motor vehicles; 

20 and 

21 ‘‘(iii) any other activity relating to an 

22 activity described in clause (i) or (ii), as 

23 determined by the Secretary. 

24 ‘‘(F) SECRETARY AUTHORIZATION.—The 

25 Secretary may provide to a State amounts for 


pamtmann on DSKBC07HB2PROD with BILLS
270 

•S 2016 IS

1 the costs associated with carrying out an immo2 bilization program using funds made available 

3 under section 31104(a)(2).’’. 

4 SEC. 3005. COMMERCIAL MOTOR VEHICLE ENFORCEMENT 

5 TRAINING AND SUPPORT. 

6 Section 31102(l) of title 49, United States Code (as 

7 amended by section 3004), is amended— 

8 (1) in paragraph (1), by striking ‘‘(2) and (3)’’ 

9 and inserting ‘‘(2) through (5)’’; 

10 (2) in paragraph (3)(E), by striking ‘‘sections 

11 31104(a)(1) and 31104(a)(2)’’ and inserting ‘‘para12 graphs (1) and (2)(A) of section 31104(a)’’; and 

13 (3) by adding at the end the following: 

14 ‘‘(5) COMMERCIAL MOTOR VEHICLE ENFORCE15 MENT TRAINING AND SUPPORT GRANT PROGRAM.— 

16 ‘‘(A) IN GENERAL.—The Secretary shall 

17 administer a commercial motor vehicle enforce18 ment training and support grant program fund19 ed under section 31104(a)(2)(B), under which 

20 the Secretary shall make discretionary grants to 

21 eligible entities described in subparagraph (C) 

22 for the purposes described in subparagraph (B). 

23 ‘‘(B) PURPOSES.—The purposes of the 

24 grant program under subparagraph (A) are— 


pamtmann on DSKBC07HB2PROD with BILLS
271 

•S 2016 IS

1 ‘‘(i) to train non-Federal employees 

2 who conduct commercial motor vehicle en3 forcement activities; and 

4 ‘‘(ii) to develop related training mate5 rials. 

6 ‘‘(C) ELIGIBLE ENTITIES.—An entity eligi7 ble for a discretionary grant under the program 

8 described in subparagraph (A) is a nonprofit 

9 organization that has— 

10 ‘‘(i) expertise in conducting a training 

11 program for non-Federal employees; and 

12 ‘‘(ii) the ability to reach and involve in 

13 a training program a target population of 

14 commercial motor vehicle safety enforce15 ment employees.’’. 

16 SEC. 3006. STUDY OF COMMERCIAL MOTOR VEHICLE 

17 CRASH CAUSATION. 

18 (a) DEFINITIONS.—In this section: 

19 (1) COMMERCIAL MOTOR VEHICLE.—The term 

20 ‘‘commercial motor vehicle’’ has the meaning given 

21 the term in section 31132 of title 49, United States 

22 Code. 

23 (2) STUDY.—The term ‘‘study’’ means the 

24 study carried out under subsection (b). 


pamtmann on DSKBC07HB2PROD with BILLS
272 

•S 2016 IS

1 (b) STUDY.—The Secretary shall carry out a com2 prehensive study— 

3 (1) to determine the causes of, and contributing 

4 factors to, crashes that involve a commercial motor 

5 vehicle; and 

6 (2) to identify data requirements, data collec7 tion procedures, reports, and any other measures 

8 that can be used to improve the ability of States and 

9 the Secretary— 

10 (A) to evaluate future crashes involving 

11 commercial motor vehicles; 

12 (B) to monitor crash trends and identify 

13 causes and contributing factors; and 

14 (C) to develop effective safety improvement 

15 policies and programs. 

16 (c) DESIGN.—The study shall be designed to yield in17 formation that can be used to help policy makers, regu18 lators, and law enforcement identify activities and other 

19 measures that are likely to lead to reductions in— 

20 (1) the frequency of crashes involving a com21 mercial motor vehicle; 

22 (2) the severity of crashes involving a commer23 cial motor vehicle; and 

24 (3) fatalities and injuries. 


pamtmann on DSKBC07HB2PROD with BILLS
273 

•S 2016 IS

1 (d) CONSULTATION.—In designing and carrying out 

2 the study, the Secretary may consult with individuals or 

3 entities with expertise on— 

4 (1) crash causation and prevention; 

5 (2) commercial motor vehicles, commercial driv6 ers, and motor carriers, including passenger carriers; 

7 (3) highways and noncommercial motor vehicles 

8 and drivers; 

9 (4) Federal and State highway and motor car10 rier safety programs; 

11 (5) research methods and statistical analysis; 

12 and 

13 (6) other relevant topics, as determined by the 

14 Secretary. 

15 (e) PUBLIC COMMENT.—The Secretary shall make 

16 available for public comment information about the objec17 tives, methodology, implementation, findings, and other 

18 aspects of the study. 

19 (f) REPORTS.—As soon as practicable after the date 

20 on which the study is completed, the Secretary shall sub21 mit to Congress a report describing the results of the 

22 study and any legislative recommendations to facilitate re23 ductions in the matters described in paragraphs (1) 

24 through (3) of subsection (c). 


pamtmann on DSKBC07HB2PROD with BILLS
274 

•S 2016 IS

1 SEC. 3007. PROMOTING WOMEN IN THE TRUCKING WORK2 FORCE. 

3 (a) FINDINGS.—Congress finds that— 

4 (1) women make up 47 percent of the work5 force of the United States; 

6 (2) women are significantly underrepresented in 

7 the trucking industry, holding only 24 percent of all 

8 transportation and warehousing jobs and rep9 resenting only— 

10 (A) 6.6 percent of truck drivers; 

11 (B) 12.5 percent of all workers in truck 

12 transportation; and 

13 (C) 8 percent of freight firm owners; 

14 (3) given the total number of women truck driv15 ers, women are underrepresented in the truck-driv16 ing workforce; and 

17 (4) women truck drivers have been shown to be 

18 20 percent less likely than male counterparts to be 

19 involved in a crash. 

20 (b) SENSE OF CONGRESS REGARDING WOMEN IN

21 TRUCKING.—It is the sense of Congress that the trucking 

22 industry should explore every opportunity to encourage 

23 and support the pursuit and retention of careers in truck24 ing by women, including through programs that support 

25 recruitment, driver training, and mentorship. 

26 (c) DEFINITIONS.—In this section: 


pamtmann on DSKBC07HB2PROD with BILLS
275 

•S 2016 IS

1 (1) ADMINISTRATOR.—The term ‘‘Adminis2 trator’’ means the Administrator of the Federal 

3 Motor Carrier Safety Administration. 

4 (2) BOARD.—The term ‘‘Board’’ means the 

5 Women of Trucking Advisory Board established 

6 under subsection (d)(1). 

7 (3) LARGE TRUCKING COMPANY.—The term 

8 ‘‘large trucking company’’ means a motor carrier (as 

9 defined in section 13102 of title 49, United States 

10 Code) with more than 100 power units. 

11 (4) MID-SIZED TRUCKING COMPANY.—The term 

12 ‘‘mid-sized trucking company’’ means a motor car13 rier (as defined in section 13102 of title 49, United 

14 States Code) with not fewer than 11 power units 

15 and not more than 100 power units. 

16 (5) POWER UNIT.—The term ‘‘power unit’’ 

17 means a self-propelled vehicle under the jurisdiction 

18 of the Federal Motor Carrier Safety Administration. 

19 (6) SMALL TRUCKING COMPANY.—The term 

20 ‘‘small trucking company’’ means a motor carrier 

21 (as defined in section 13102 of title 49, United 

22 States Code) with not fewer than 1 power unit and 

23 not more than 10 power units. 

24 (d) WOMEN OF TRUCKING ADVISORY BOARD.— 


pamtmann on DSKBC07HB2PROD with BILLS
276 

•S 2016 IS

1 (1) ESTABLISHMENT.—To encourage women to 

2 enter the field of trucking, the Administrator shall 

3 establish and facilitate an advisory board, to be 

4 known as the ‘‘Women of Trucking Advisory 

5 Board’’, to review and report on policies that— 

6 (A) provide education, training, 

7 mentorship, or outreach to women in the truck8 ing industry; and 

9 (B) recruit, retain, or advance women in 

10 the trucking industry. 

11 (2) MEMBERSHIP.— 

12 (A) IN GENERAL.—The Board shall be 

13 composed of not fewer than 8 members whose 

14 backgrounds, experience, and certifications 

15 allow those members to contribute balanced 

16 points of view and diverse ideas regarding the 

17 matters described in paragraph (3)(B). 

18 (B) APPOINTMENT.— 

19 (i) IN GENERAL.—Not later than 270 

20 days after the date of enactment of this 

21 Act, the Administrator shall appoint the 

22 members of the Board, of whom— 

23 (I) not fewer than 1 shall be a 

24 representative of large trucking com25 panies; 


pamtmann on DSKBC07HB2PROD with BILLS
277 

•S 2016 IS

1 (II) not fewer than 1 shall be a 

2 representative of mid-sized trucking 

3 companies; 

4 (III) not fewer than 1 shall be a 

5 representative of small trucking com6 panies; 

7 (IV) not fewer than 1 shall be a 

8 representative of nonprofit organiza9 tions in the trucking industry; 

10 (V) not fewer than 1 shall be a 

11 representative of trucking business as12 sociations; 

13 (VI) not fewer than 1 shall be a 

14 representative of independent owner15 operators; 

16 (VII) not fewer than 1 shall be a 

17 woman who is a professional truck 

18 driver; and 

19 (VIII) not fewer than 1 shall be 

20 a representative of an institution of 

21 higher education or trucking trade 

22 school. 

23 (ii) DIVERSITY.—A member of the 

24 Board appointed under any of subclauses 

25 (I) through (VIII) of clause (i) may not be 


pamtmann on DSKBC07HB2PROD with BILLS
278 

•S 2016 IS

1 appointed under any other subclause of 

2 that clause. 

3 (C) TERMS.—Each member shall be ap4 pointed for the life of the Board. 

5 (D) COMPENSATION.—A member of the 

6 Board shall serve without compensation. 

7 (3) DUTIES.— 

8 (A) IN GENERAL.—The Board shall iden9 tify— 

10 (i) barriers and industry trends that 

11 directly or indirectly discourage women 

12 from pursuing and retaining careers in 

13 trucking, including— 

14 (I) any particular barriers and 

15 trends that impact women minority 

16 groups; 

17 (II) any particular barriers and 

18 trends that impact women who live in 

19 rural, suburban, or urban areas; and 

20 (III) any safety risks unique to 

21 women in the trucking industry; 

22 (ii) ways in which the functions of 

23 trucking companies, nonprofit organiza24 tions, training and education providers, 

25 and trucking associations may be coordiVerDate Sep 11 2014 21:39 Jun 14, 2021 Jkt 019200 PO 00000 Frm 00278 Fmt 6652 Sfmt 6201 E:\BILLS\S2016.IS S2016

pamtmann on DSKBC07HB2PROD with BILLS
279 

•S 2016 IS

1 nated to facilitate support for women pur2 suing careers in trucking; 

3 (iii) opportunities to expand existing 

4 opportunities for women in the trucking in5 dustry; and 

6 (iv) opportunities to enhance trucking 

7 training, mentorship, education, and ad8 vancement and outreach programs that 

9 would increase the number of women in 

10 the trucking industry. 

11 (B) REPORT.—Not later than 2 years after 

12 the date of enactment of this Act, the Board 

13 shall submit to the Administrator a report con14 taining the findings and recommendations of 

15 the Board, including recommendations that 

16 companies, associations, institutions, other or17 ganizations, or the Administrator may adopt— 

18 (i) to address any industry trends 

19 identified under subparagraph (A)(i); 

20 (ii) to coordinate the functions of 

21 trucking companies, nonprofit organiza22 tions, and trucking associations in a man23 ner that facilitates support for women pur24 suing careers in trucking; 


pamtmann on DSKBC07HB2PROD with BILLS
280 

•S 2016 IS

1 (iii)(I) to take advantage of any op2 portunities identified under subparagraph 

3 (A)(iii); and 

4 (II) to create new opportunities to ex5 pand existing scholarship opportunities for 

6 women in the trucking industry; and 

7 (iv) to enhance trucking training, 

8 mentorship, education, and outreach pro9 grams that are exclusive to women. 

10 (4) REPORT TO CONGRESS.— 

11 (A) IN GENERAL.—Not later than 3 years 

12 after the date of enactment of this Act, the Ad13 ministrator shall submit to the Committee on 

14 Commerce, Science, and Transportation of the 

15 Senate and the Committee on Transportation 

16 and Infrastructure of the House of Representa17 tives a report describing— 

18 (i) the findings and recommendations 

19 of the Board under paragraph (3)(B); and 

20 (ii) any actions taken by the Adminis21 trator to adopt the recommendations of the 

22 Board (or an explanation of the reasons 

23 for not adopting the recommendations). 


pamtmann on DSKBC07HB2PROD with BILLS
281 

•S 2016 IS

1 (B) PUBLIC AVAILABILITY.—The Adminis2 trator shall make the report under subpara3 graph (A) publicly available— 

4 (i) on the website of the Federal 

5 Motor Carrier Safety Administration; and 

6 (ii) in appropriate offices of the Fed7 eral Motor Carrier Safety Administration. 

8 (5) TERMINATION.—The Board shall terminate 

9 on submission of the report to Congress under para10 graph (4). 

11 SEC. 3008. STATE INSPECTION OF PASSENGER-CARRYING 

12 COMMERCIAL MOTOR VEHICLES. 

13 (a) IN GENERAL.—Not later than 1 year after the 

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

15 additional comment on the advance notice of proposed 

16 rulemaking entitled ‘‘State Inspection Programs for Pas17 senger-Carrier Vehicles’’ (81 Fed. Reg. 24769 (April 27, 

18 2016)). 

19 (b) FINAL RULE.— 

20 (1) IN GENERAL.—After reviewing all com21 ments received in response to the solicitation under 

22 subsection (a), if the Secretary determines that data 

23 and information exist to support moving forward 

24 with a final rulemaking action, the Secretary shall 


pamtmann on DSKBC07HB2PROD with BILLS
282 

•S 2016 IS

1 issue a final rule relating to the advance notice of 

2 proposed rulemaking described in that subsection. 

3 (2) CONSIDERATIONS.—In determining whether 

4 to issue a final rule under paragraph (1), the Sec5 retary shall consider the impact of continuing to 

6 allow self-inspection as a means to satisfy periodic 

7 inspection requirements on the safety of passenger 

8 carrier operations. 

9 SEC. 3009. TRUCK LEASING TASK FORCE. 

10 (a) ESTABLISHMENT.—Not later than 180 days after 

11 the date of enactment of this Act, the Secretary, in con12 sultation with the Secretary of Labor, shall establish a 

13 task force, to be known as the ‘‘Truck Leasing Task 

14 Force’’ (referred to in this section as the ‘‘Task Force’’). 

15 (b) MEMBERSHIP.— 

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

17 not more than 10 individuals to serve as members 

18 of the Task Force, including at least 1 representa19 tive from each of the following: 

20 (A) Labor organizations. 

21 (B) Motor carriers that provide lease-pur22 chase agreements to owner-operators. 

23 (C) Consumer protection groups. 


pamtmann on DSKBC07HB2PROD with BILLS
283 

•S 2016 IS

1 (D) Members of the legal profession who 

2 specialize in consumer finance issues, including 

3 experience with lease-purchase agreements. 

4 (E) Owner-operators in the trucking indus5 try with experience regarding lease-purchase 

6 agreements. 

7 (F) Businesses that provide or are subject 

8 to lease-purchase agreements in the trucking in9 dustry. 

10 (2) COMPENSATION.—A member of the Task 

11 Force shall serve without compensation. 

12 (c) DUTIES.—The Task Force shall examine, at a 

13 minimum— 

14 (1) common truck leasing arrangements avail15 able to commercial motor vehicle drivers, including 

16 lease-purchase agreements; 

17 (2) the terms of the leasing agreements de18 scribed in paragraph (1); 

19 (3)(A) the existence of inequitable leasing 

20 agreements and terms in the motor carrier industry; 

21 (B) whether any such inequitable terms and 

22 agreements affect the frequency of maintenance per23 formed on vehicles subject to those agreements; and 


pamtmann on DSKBC07HB2PROD with BILLS
284 

•S 2016 IS

1 (C) whether any such inequitable terms and 

2 agreements affect whether a vehicle is kept in a gen3 eral state of good repair; 

4 (4) specific agreements available to drayage 

5 drivers at ports relating to the Clean Truck Pro6 gram or any similar program to decrease emissions 

7 from port operations; 

8 (5) the impact of truck leasing agreements on 

9 the net compensation of commercial motor vehicle 

10 drivers, including port drayage drivers; 

11 (6) whether truck leasing agreements properly 

12 incentivize the safe operation of vehicles, including 

13 driver compliance with the hours of service regula14 tions and laws governing speed and safety generally; 

15 (7) resources to assist commercial motor vehicle 

16 drivers in assessing the financial impacts of leasing 

17 agreements; and 

18 (8)(A) the opportunity that equitable leasing 

19 agreements provide for drivers to start or expand 

20 trucking companies; and 

21 (B) the history of motor carriers starting from 

22 single owner-operators. 

23 (d) REPORT.—On completion of the examination 

24 under subsection (c), the Task Force shall submit to the 


pamtmann on DSKBC07HB2PROD with BILLS
285 

•S 2016 IS

1 Secretary, the Secretary of Labor, and the appropriate 

2 committees of Congress a report containing— 

3 (1) the findings of the Task Force with respect 

4 to the matters described in subsection (c); 

5 (2) best practices relating to— 

6 (A) assisting a commercial motor vehicle 

7 driver in assessing the impacts of leasing agree8 ments prior to entering into such an agreement; 

9 (B) assisting a commercial motor vehicle 

10 driver who has entered into a predatory lease 

11 agreement; and 

12 (C) preventing coercion and impacts on 

13 safety as described in section 31136 of title 49, 

14 United States Code; and 

15 (3) recommendations relating to changes to 

16 laws (including regulations), as applicable, at the 

17 Federal, State, or local level to promote fair leasing 

18 agreements under which a commercial motor vehicle 

19 driver, including a short haul driver, who is a party 

20 to such an agreement is able to earn a rate commen21 surate with other commercial motor vehicle drivers 

22 performing similar duties. 

23 (e) TERMINATION.—Not later than 30 days after the 

24 date on which the report under subsection (d) is sub25 mitted, the Task Force shall terminate. 


pamtmann on DSKBC07HB2PROD with BILLS
286 

•S 2016 IS

1 SEC. 3010. AUTOMATIC EMERGENCY BRAKING. 

2 (a) DEFINITIONS.—In this section: 

3 (1) AUTOMATIC EMERGENCY BRAKING SYS4 TEM.—The term ‘‘automatic emergency braking sys5 tem’’ means a system on a commercial motor vehicle 

6 that, based on a predefined distance and closing rate 

7 with respect to an obstacle in the path of the com8 mercial motor vehicle— 

9 (A) alerts the driver of the obstacle; and 

10 (B) if necessary to avoid or mitigate a col11 lision with the obstacle, automatically applies 

12 the brakes of the commercial motor vehicle. 

13 (2) COMMERCIAL MOTOR VEHICLE.—The term 

14 ‘‘commercial motor vehicle’’ has the meaning given 

15 the term in section 31101 of title 49, United States 

16 Code. 

17 (b) FEDERAL MOTOR VEHICLE SAFETY STAND18 ARD.—Not later than 2 years after the date of enactment 

19 of this Act, the Secretary shall— 

20 (1) prescribe a motor vehicle safety standard 

21 under section 30111 of title 49, United States Code, 

22 that requires any commercial motor vehicle subject 

23 to section 571.136 of title 49, Code of Federal Reg24 ulations (relating to Federal Motor Vehicle Safety 

25 Standard Number 136) (or a successor regulation) 

26 that is manufactured after the effective date of the 


pamtmann on DSKBC07HB2PROD with BILLS
287 

•S 2016 IS

1 standard prescribed under this paragraph to be 

2 equipped with an automatic emergency braking sys3 tem; and 

4 (2) as part of the standard under paragraph 

5 (1), establish performance requirements for auto6 matic emergency braking systems. 

7 (c) FEDERAL MOTOR CARRIER SAFETY REGULA8 TION.—Not later than 1 year after the date of enactment 

9 of this Act, the Secretary shall prescribe a regulation 

10 under section 31136 of title 49, United States Code, that 

11 requires that an automatic emergency braking system in12 stalled in a commercial motor vehicle manufactured after 

13 the effective date of the standard prescribed under sub14 section (b)(1) that is in operation on or after that date 

15 and is subject to section 571.136 of title 49, Code of Fed16 eral Regulations (relating to Federal Motor Vehicle Safety 

17 Standard Number 136) (or a successor regulation) be 

18 used at any time during which the commercial motor vehi19 cle is in operation. 

20 (d) REPORT ON AUTOMATIC EMERGENCY BRAKING

21 IN OTHER COMMERCIAL MOTOR VEHICLES.— 

22 (1) STUDY.—Not later than 2 years after the 

23 date of enactment of this Act, the Secretary shall 

24 complete a study on equipping a variety of commer25 cial motor vehicles not subject to section 571.136 of 


pamtmann on DSKBC07HB2PROD with BILLS
288 

•S 2016 IS

1 title 49, Code of Federal Regulations (relating to 

2 Federal Motor Vehicle Safety Standard Number 

3 136) (or a successor regulation) as of that date of 

4 enactment with automatic emergency braking sys5 tems to avoid or mitigate a collision with an obstacle 

6 in the path of the commercial motor vehicle, includ7 ing an assessment of the feasibility, benefits, and 

8 costs associated with installing automatic emergency 

9 braking systems on a variety of newly manufactured 

10 commercial motor vehicles with a gross vehicle 

11 weight rating greater than 10,001 pounds. 

12 (2) INDEPENDENT RESEARCH.—If the Sec13 retary enters into a contract with a third party to 

14 perform research relating to the study required 

15 under paragraph (1), the Secretary shall ensure that 

16 the third party does not have any financial or con17 tractual ties to, or relationships with— 

18 (A) a motor carrier that transports pas19 sengers or property for compensation; 

20 (B) the motor carrier industry; or 

21 (C) an entity producing or supplying auto22 matic emergency braking systems. 

23 (3) PUBLIC COMMENT.—Not later than 90 days 

24 after the date on which the study under paragraph 

25 (1) is completed, the Secretary shall— 


pamtmann on DSKBC07HB2PROD with BILLS
289 

•S 2016 IS

1 (A) issue a notice in the Federal Register 

2 containing the findings of the study; and 

3 (B) provide an opportunity for public com4 ment. 

5 (4) REPORT TO CONGRESS.—Not later than 90 

6 days after the conclusion of the public comment pe7 riod under paragraph (3)(B), the Secretary shall 

8 submit to the Committee on Commerce, Science, and 

9 Transportation of the Senate and the Committees on 

10 Transportation and Infrastructure and Energy and 

11 Commerce of the House of Representatives a report 

12 that includes— 

13 (A) the results of the study under para14 graph (1); 

15 (B) a summary of any comments received 

16 under paragraph (3)(B); and 

17 (C) a determination as to whether the Sec18 retary intends to develop performance require19 ments for automatic emergency braking systems 

20 for applicable commercial motor vehicles, in21 cluding any analysis that led to that determina22 tion. 

23 (5) RULEMAKING.—Not later than 2 years after 

24 the date on which the study under paragraph (1) is 

25 completed, the Secretary shall— 


pamtmann on DSKBC07HB2PROD with BILLS
290 

•S 2016 IS

1 (A) determine whether a motor vehicle 

2 safety standard relating to equipping the com3 mercial motor vehicles described in that para4 graph with automatic emergency braking sys5 tems would meet the requirements and consid6 erations described in subsections (a) and (b) of 

7 section 30111 of title 49, United States Code; 

8 and 

9 (B) if the Secretary determines that a 

10 motor vehicle safety standard described in sub11 paragraph (A) would meet the requirements 

12 and considerations described in that subpara13 graph, initiate a rulemaking to prescribe such a 

14 motor vehicle safety standard. 

15 SEC. 3011. UNDERRIDE PROTECTION. 

16 (a) DEFINITIONS.—In this section: 

17 (1) COMMITTEE.—The term ‘‘Committee’’ 

18 means the Advisory Committee on Underride Protec19 tion established under subsection (d)(1). 

20 (2) MOTOR CARRIER.—The term ‘‘motor car21 rier’’ has the meaning given the term in section 

22 13102 of title 49, United States Code. 

23 (3) PASSENGER MOTOR VEHICLE.—The term 

24 ‘‘passenger motor vehicle’’ has the meaning given 


pamtmann on DSKBC07HB2PROD with BILLS
291 

•S 2016 IS

1 the term in section 32101 of title 49, United States 

2 Code. 

3 (4) UNDERRIDE CRASH.—The term ‘‘underride 

4 crash’’ means a crash in which a trailer or 

5 semitrailer intrudes into the passenger compartment 

6 of a passenger motor vehicle. 

7 (b) REAR UNDERRIDE GUARDS.— 

8 (1) TRAILERS AND SEMITRAILERS.— 

9 (A) IN GENERAL.—Not later than 1 year 

10 after the date of enactment of this Act, the Sec11 retary shall promulgate such regulations as are 

12 necessary to revise sections 571.223 and 

13 571.224 of title 49, Code of Federal Regula14 tions (relating to Federal Motor Vehicle Safety 

15 Standard Numbers 223 and 224, respectively), 

16 to require trailers and semitrailers manufac17 tured after the date on which those regulations 

18 are promulgated to be equipped with rear im19 pact guards that are designed to prevent pas20 senger compartment intrusion from a trailer or 

21 semitrailer when a passenger motor vehicle 

22 traveling at 35 miles per hour makes— 

23 (i) an impact in which the passenger 

24 motor vehicle impacts the center of the 

25 rear of the trailer or semitrailer; 


pamtmann on DSKBC07HB2PROD with BILLS
292 

•S 2016 IS

1 (ii) an impact in which 50 percent of 

2 the width of the passenger motor vehicle 

3 overlaps the rear of the trailer or 

4 semitrailer; and 

5 (iii) an impact in which 30 percent of 

6 the width of the passenger motor vehicle 

7 overlaps the rear of the trailer or 

8 semitrailer, if the Secretary determines 

9 that a revision of sections 571.223 and 

10 571.224 of title 49, Code of Federal Regu11 lations (relating to Federal Motor Vehicle 

12 Safety Standard Numbers 223 and 224, 

13 respectively) to address such an impact 

14 would meet the requirements and consider15 ations described in subsections (a) and (b) 

16 of section 30111 of title 49, United States 

17 Code. 

18 (B) EFFECTIVE DATE.—The regulations 

19 promulgated under subparagraph (A) shall re20 quire full compliance with each Federal Motor 

21 Vehicle Safety Standard revised pursuant to 

22 those regulations not later than 2 years after 

23 the date on which those regulations are promul24 gated. 


pamtmann on DSKBC07HB2PROD with BILLS
293 

•S 2016 IS

1 (2) ADDITIONAL RESEARCH.—The Secretary 

2 shall conduct additional research on the design and 

3 development of rear impact guards that can— 

4 (A) prevent underride crashes in cases in 

5 which the passenger motor vehicle is traveling 

6 at speeds of up to 65 miles per hour; and 

7 (B) protect passengers in passenger motor 

8 vehicles against severe injury in crashes in 

9 which the passenger motor vehicle is traveling 

10 at speeds of up to 65 miles per hour. 

11 (3) REVIEW OF STANDARDS.—Not later than 5 

12 years after the date on which the regulations under 

13 paragraph (1)(A) are promulgated, the Secretary 

14 shall— 

15 (A) review the Federal Motor Vehicle Safe16 ty Standards revised pursuant to those regula17 tions and any other requirements of those regu18 lations relating to rear underride guards on 

19 trailers or semitrailers to evaluate the need for 

20 changes in response to advancements in tech21 nology; and 

22 (B) update those Federal Motor Vehicle 

23 Safety Standards and those regulations accord24 ingly. 

25 (4) INSPECTIONS.— 


pamtmann on DSKBC07HB2PROD with BILLS
294 

•S 2016 IS

1 (A) IN GENERAL.—Not later than 1 year 

2 after the date of enactment of this Act, the Sec3 retary shall promulgate such regulations as are 

4 necessary to revise the regulations relating to 

5 minimum periodic inspection standards under 

6 appendix G to subchapter B of chapter III of 

7 title 49, Code of Federal Regulations, and the 

8 regulations relating to driver vehicle inspection 

9 reports under section 396.11 of that title to in10 clude requirements relating to rear impact 

11 guards and rear end protection that are con12 sistent with the requirements described in sec13 tion 393.86 of that title. 

14 (B) CONSIDERATIONS.—In revising the 

15 regulations described in subparagraph (A), the 

16 Secretary shall consider it to be a defect or a 

17 deficiency if a rear impact guard is missing an, 

18 or has a corroded or compromised, element that 

19 affects the structural integrity and protective 

20 feature of the rear impact guard. 

21 (c) SIDE UNDERRIDE GUARDS.— 

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

23 the date of enactment of this Act, the Secretary 

24 shall— 


pamtmann on DSKBC07HB2PROD with BILLS
295 

•S 2016 IS

1 (A) complete additional research on side 

2 underride guards to better understand the over3 all effectiveness of side underride guards; 

4 (B) assess the feasibility, benefits, and 

5 costs of, and any impacts on intermodal equip6 ment, freight mobility (including port oper7 ations), and freight capacity associated with, in8 stalling side underride guards on newly manu9 factured trailers and semitrailers with a gross 

10 vehicle weight rating of 10,000 pounds or more; 

11 (C) consider the unique structural and 

12 operational aspects of— 

13 (i) intermodal chassis (as defined in 

14 section 340.2 of title 46, Code of Federal 

15 Regulations; and 

16 (ii) pole trailers (as defined in section 

17 390.5 of title 49, Code of Federal Regula18 tions; and 

19 (D) if warranted, develop performance 

20 standards for side underride guards. 

21 (2) INDEPENDENT RESEARCH.—If the Sec22 retary enters into a contract with a third party to 

23 perform the research required under paragraph 

24 (1)(A), the Secretary shall ensure that the third 


pamtmann on DSKBC07HB2PROD with BILLS
296 

•S 2016 IS

1 party does not have any financial or contractual ties 

2 to, or relationships with— 

3 (A) a motor carrier that transports pas4 sengers or property for compensation; 

5 (B) the motor carrier industry; or 

6 (C) an entity producing or supplying 

7 underride guards. 

8 (3) PUBLICATION OF ASSESSMENT.—Not later 

9 than 90 days after completion of the assessment re10 quired under paragraph (1)(B), the Secretary 

11 shall— 

12 (A) issue a notice in the Federal Register 

13 containing the findings of the assessment; and 

14 (B) provide an opportunity for public com15 ment. 

16 (4) REPORT TO CONGRESS.—Not later than 90 

17 days after the conclusion of the public comment pe18 riod under paragraph (3)(B), the Secretary shall 

19 submit to the Committee on Commerce, Science, and 

20 Transportation of the Senate and the Committee on 

21 Transportation and Infrastructure of the House of 

22 Representatives a report that includes— 

23 (A) the results of the assessment under 

24 paragraph (1)(B); 


pamtmann on DSKBC07HB2PROD with BILLS
297 

•S 2016 IS

1 (B) a summary of any comments received 

2 by the Secretary under paragraph (3)(B); and 

3 (C) a determination as to whether the Sec4 retary intends to develop performance require5 ments for side underride guards, including any 

6 analysis that led to that determination. 

7 (d) ADVISORY COMMITTEE ON UNDERRIDE PROTEC8 TION.— 

9 (1) ESTABLISHMENT.—The Secretary shall es10 tablish an Advisory Committee on Underride Protec11 tion to provide advice and recommendations to the 

12 Secretary on safety regulations to reduce underride 

13 crashes and fatalities relating to underride crashes. 

14 (2) MEMBERSHIP.— 

15 (A) IN GENERAL.—The Committee shall be 

16 composed of not more than 20 members, ap17 pointed by the Secretary, who— 

18 (i) are not employees of the Depart19 ment; and 

20 (ii) are qualified to serve on the Com21 mittee because of their expertise, training, 

22 or experience. 

23 (B) REPRESENTATION.—The Committee 

24 shall include 2 representatives of each of the 

25 following: 


pamtmann on DSKBC07HB2PROD with BILLS
298 

•S 2016 IS

1 (i) Truck and trailer manufacturers. 

2 (ii) Motor carriers, including inde3 pendent owner-operators. 

4 (iii) Law enforcement. 

5 (iv) Motor vehicle engineers. 

6 (v) Motor vehicle crash investigators. 

7 (vi) Truck safety organizations. 

8 (vii) The insurance industry. 

9 (viii) Emergency medical service pro10 viders. 

11 (ix) Families of underride crash vic12 tims. 

13 (x) Labor organizations. 

14 (3) COMPENSATION.—Members of the Com15 mittee shall serve without compensation. 

16 (4) MEETINGS.—The Committee shall meet not 

17 less frequently than annually. 

18 (5) SUPPORT.—On request of the Committee, 

19 the Secretary shall provide information, administra20 tive services, and supplies necessary for the Com21 mittee to carry out the duties of the Committee. 

22 (6) REPORT.—The Committee shall submit to 

23 the Committee on Commerce, Science, and Trans24 portation of the Senate and the Committee on 


pamtmann on DSKBC07HB2PROD with BILLS
299 

•S 2016 IS

1 Transportation and Infrastructure of the House of 

2 Representatives a biennial report that— 

3 (A) describes the advice and recommenda4 tions made to the Secretary; and 

5 (B) includes an assessment of progress 

6 made by the Secretary in advancing safety reg7 ulations relating to underride crashes. 

8 (e) DATA COLLECTION.—Not later than 1 year after 

9 the date of enactment of this Act, the Secretary shall im10 plement the recommendations described in the report of 

11 the Government Accountability Office entitled ‘‘Truck 

12 Underride Guards: Improved Data Collection, Inspections, 

13 and Research Needed’’, published on March 14, 2019, and 

14 numbered GAO–19–264. 

15 SEC. 3012. PROVIDERS OF RECREATIONAL ACTIVITIES. 

16 Section 13506(b) of title 49, United States Code, is 

17 amended— 

18 (1) in paragraph (2), by striking ‘‘or’’ at the 

19 end; 

20 (2) in paragraph (3), by striking the period at 

21 the end and inserting ‘‘; or’’; and 

22 (3) by adding at the end the following: 

23 ‘‘(4) transportation by a motor vehicle designed 

24 or used to transport not fewer than 9, and not more 

25 than 15, passengers (including the driver), whether 


pamtmann on DSKBC07HB2PROD with BILLS
300 

•S 2016 IS

1 operated alone or with a trailer attached for the 

2 transport of recreational equipment, if— 

3 ‘‘(A) the motor vehicle is operated by a 

4 person that provides recreational activities; 

5 ‘‘(B) the transportation is provided within 

6 a 150 air-mile radius of the location at which 

7 passengers initially boarded the motor vehicle at 

8 the outset of the trip; and 

9 ‘‘(C) in the case of a motor vehicle trans10 porting passengers over a route between a place 

11 in a State and a place in another State, the 

12 person operating the motor vehicle is lawfully 

13 providing transportation of passengers over the 

14 entire route in accordance with applicable State 

15 law.’’. 

16 SEC. 3013. AMENDMENTS TO REGULATIONS RELATING TO 

17 TRANSPORTATION OF HOUSEHOLD GOODS IN 

18 INTERSTATE COMMERCE. 

19 (a) DEFINITIONS.—In this section: 

20 (1) ADMINISTRATION.—The term ‘‘Administra21 tion’’ means the Federal Motor Carrier Safety Ad22 ministration. 

23 (2) COVERED CARRIER.—The term ‘‘covered 

24 carrier’’ means a motor carrier that is— 


pamtmann on DSKBC07HB2PROD with BILLS
301 

•S 2016 IS

1 (A) engaged in the interstate transpor2 tation of household goods; and 

3 (B) subject to the requirements of part 

4 375 of title 49, Code of Federal Regulations (as 

5 in effect on the effective date of any amend6 ments made pursuant to the notice of proposed 

7 rulemaking issued under subsection (b)). 

8 (b) AMENDMENTS TO REGULATIONS.—Not later 

9 than 1 year after the date of enactment of this Act, the 

10 Secretary shall issue a notice of proposed rulemaking to 

11 amend, as the Secretary determines to be appropriate, reg12 ulations relating to the interstate transportation of house13 hold goods. 

14 (c) CONSIDERATIONS.—In issuing the notice of pro15 posed rulemaking under subsection (b), the Secretary shall 

16 consider amending the following provisions of title 49, 

17 Code of Federal Regulations, in accordance with the fol18 lowing recommendations: 

19 (1) Section 375.207(b) to require each covered 

20 carrier to include on the website of the covered car21 rier a link— 

22 (A) to the publication of the Administra23 tion entitled ‘‘Ready to Move—Tips for a Suc24 cessful Interstate Move’’ and numbered ESA– 

25 03–005 on the website of the Administration; or 


pamtmann on DSKBC07HB2PROD with BILLS
302 

•S 2016 IS

1 (B) to a copy of the publication referred to 

2 in subparagraph (A) on the website of the cov3 ered carrier. 

4 (2) Subsections (a) and (b)(1) of section 

5 375.213 to require each covered carrier to provide to 

6 each individual shipper, together with any written 

7 estimate provided to the shipper, a copy of the publi8 cation described in appendix A of part 375 of that 

9 title, entitled ‘‘Your Rights and Responsibilities 

10 When You Move’’ and numbered ESA–03–006 (or a 

11 successor publication), in the form of a written copy 

12 or a hyperlink on the website of the covered carrier 

13 to the location on the website of the Administration 

14 containing that publication. 

15 (3) Section 375.213 to repeal subsection (e) of 

16 that section. 

17 (4) Section 375.401(a) to require each covered 

18 carrier— 

19 (A) to conduct a visual survey of the 

20 household goods to be transported by the cov21 ered carrier— 

22 (i) in person; or 

23 (ii) virtually, using— 

24 (I) a remote camera; or 


pamtmann on DSKBC07HB2PROD with BILLS
303 

•S 2016 IS

1 (II) another appropriate tech2 nology; 

3 (B) to offer a visual survey described in 

4 subparagraph (A) for all household goods ship5 ments, regardless of the distance between— 

6 (i) the location of the household 

7 goods; and 

8 (ii) the location of the agent of the 

9 covered carrier preparing the estimate; and 

10 (C) to provide to each shipper a copy of 

11 the publication of the Administration entitled 

12 ‘‘Ready to Move—Tips for a Successful Inter13 state Move’’ and numbered ESA–03–005 on re14 ceipt from the shipper of a request to schedule, 

15 or a waiver of, a visual survey offered under 

16 subparagraph (B). 

17 (5) Sections 375.401(b)(1), 375.403(a)(6)(ii), 

18 and 375.405(b)(7)(ii), and subpart D of appendix A 

19 of part 375, to require that, in any case in which a 

20 shipper tenders any additional item or requests any 

21 additional service prior to loading a shipment, the 

22 affected covered carrier shall— 

23 (A) prepare a new estimate; and 


pamtmann on DSKBC07HB2PROD with BILLS
304 

•S 2016 IS

1 (B) maintain a record of the date, time, 

2 and manner in which the new estimate was ac3 cepted by the shipper. 

4 (6) Section 375.501(a), to establish that a cov5 ered carrier is not required to provide to a shipper 

6 an order for service if the covered carrier elects to 

7 provide the information described in paragraphs (1) 

8 through (15) of that section in a bill of lading that 

9 is presented to the shipper before the covered carrier 

10 receives the shipment. 

11 (7) Subpart H of part 375, to replace the re12 place the terms ‘‘freight bill’’ and ‘‘expense bill’’ 

13 with the term ‘‘invoice’’. 

14 SEC. 3014. IMPROVING FEDERAL-STATE MOTOR CARRIER 

15 SAFETY ENFORCEMENT COORDINATION. 

16 (a) DEFINITIONS.—In this section: 

17 (1) COVERED STATE.—The term ‘‘covered 

18 State’’ means a State that receives Federal funds 

19 under the motor carrier safety assistance program 

20 established under section 31102 of title 49, United 

21 States Code. 

22 (2) IMMINENT HAZARD.—The term ‘‘imminent 

23 hazard’’ has the same meaning as in section 521 of 

24 title 49, United States Code. 


pamtmann on DSKBC07HB2PROD with BILLS
305 

•S 2016 IS

1 (b) REVIEW AND ENFORCEMENT OF STATE OUT-OF2 SERVICE ORDERS.—As soon as practicable after the date 

3 of enactment of this Act, the Secretary shall publish in 

4 the Federal Register a process under which the Secretary 

5 shall review each out-of-service order issued by a covered 

6 State in accordance with section 31144(d) of title 49, 

7 United States Code, by not later than 30 days after the 

8 date on which the out-of-service order is submitted to the 

9 Secretary by the covered State. 

10 (c) REVIEW AND ENFORCEMENT OF STATE IMMI11 NENT HAZARD DETERMINATIONS.— 

12 (1) IN GENERAL.—As soon as practicable after 

13 the date of enactment of this Act, the Secretary 

14 shall publish in the Federal Register a process under 

15 which the Secretary shall review imminent hazard 

16 determinations made by covered States. 

17 (2) ENFORCEMENT.—On reviewing an immi18 nent hazard determination under paragraph (1), the 

19 Secretary shall pursue enforcement under section 

20 521 of title 49, United States Code, as the Secretary 

21 determines to be appropriate. 

22 SEC. 3015. LIMOUSINE RESEARCH. 

23 (a) DEFINITIONS.—In this section: 

24 (1) LIMOUSINE.—The term ‘‘limousine’’ means 

25 a motor vehicle— 


pamtmann on DSKBC07HB2PROD with BILLS
306 

•S 2016 IS

1 (A) that has a seating capacity of 9 or 

2 more persons (including the driver); 

3 (B) with a gross vehicle weight rating 

4 greater than 10,000 pounds but not greater 

5 than 26,000 pounds; and 

6 (C) that the Secretary has determined by 

7 regulation has physical characteristics resem8 bling— 

9 (i) a passenger car; 

10 (ii) a multipurpose passenger vehicle; 

11 or 

12 (iii) a truck with a gross vehicle 

13 weight rating of 10,000 pounds or less. 

14 (2) LIMOUSINE OPERATOR.—The term ‘‘lim15 ousine operator’’ means a person who owns or 

16 leases, and uses, a limousine to transport passengers 

17 for compensation. 

18 (3) MOTOR VEHICLE SAFETY STANDARD.—The 

19 term ‘‘motor vehicle safety standard’’ has the mean20 ing given the term in section 30102(a) of title 49, 

21 United States Code. 

22 (4) STATE.—The term ‘‘State’’ has the mean23 ing given such term in section 30102(a) of title 49, 

24 United States Code. 

25 (b) CRASHWORTHINESS.— 


pamtmann on DSKBC07HB2PROD with BILLS
307 

•S 2016 IS

1 (1) RESEARCH.—Not later than 4 years after 

2 the date of enactment of this Act, the Secretary 

3 shall complete research into the development of 

4 motor vehicle safety standards for side impact pro5 tection, roof crush resistance, and air bag systems 

6 for the protection of occupants in limousines with al7 ternative seating positions, including perimeter seat8 ing arrangements. 

9 (2) RULEMAKING OR REPORT.— 

10 (A) CRASHWORTHINESS STANDARDS.— 

11 (i) IN GENERAL.—Subject to clause 

12 (ii), not later than 2 years after the date 

13 on which the research under paragraph (1) 

14 is completed, the Secretary shall prescribe, 

15 for the protection of occupants in lim16 ousines with alternative seating positions, 

17 a final motor vehicle safety standard for 

18 each of the following: 

19 (I) Side impact protection. 

20 (II) Roof crush resistance. 

21 (III) Air bag systems. 

22 (ii) REQUIREMENTS AND CONSIDER23 ATIONS.—The Secretary may only pre24 scribe a motor vehicle safety standard de25 scribed in clause (i) if the Secretary deterVerDate Sep 11 2014 21:39 Jun 14, 2021 Jkt 019200 PO 00000 Frm 00307 Fmt 6652 Sfmt 6201 E:\BILLS\S2016.IS S2016

pamtmann on DSKBC07HB2PROD with BILLS
308 

•S 2016 IS

1 mines that the standard meets the require2 ments and considerations described in sub3 sections (a) and (b) of section 30111 of 

4 title 49, United States Code. 

5 (B) REPORT.—If the Secretary determines 

6 that a motor vehicle safety standard described 

7 in subparagraph (A)(i) would not meet the re8 quirements and considerations described in sub9 sections (a) and (b) of section 30111 of title 49, 

10 United States Code, the Secretary shall publish 

11 in the Federal Register and submit to the Com12 mittee on Commerce, Science, and Transpor13 tation of the Senate and the Committee on En14 ergy and Commerce of the House of Represent15 atives a report describing the reasons for not 

16 prescribing the standard. 

17 (c) EVACUATION.— 

18 (1) RESEARCH.—Not later than 2 years after 

19 the date of enactment of this Act, the Secretary 

20 shall complete research into safety features and 

21 standards that aid evacuation in the event that an 

22 exit in the passenger compartment of a limousine is 

23 blocked. 

24 (2) RULEMAKING OR REPORT.— 

25 (A) LIMOUSINE EVACUATION.— 


pamtmann on DSKBC07HB2PROD with BILLS
309 

•S 2016 IS

1 (i) IN GENERAL.—Subject to clause 

2 (ii), not later than 2 years after the date 

3 on which the research under paragraph (1) 

4 is completed, the Secretary shall prescribe 

5 a final motor vehicle safety standard based 

6 on the results of that research. 

7 (ii) REQUIREMENTS AND CONSIDER8 ATIONS.—The Secretary may only pre9 scribe a motor vehicle safety standard de10 scribed in clause (i) if the Secretary deter11 mines that the standard meets the require12 ments and considerations described in sub13 sections (a) and (b) of section 30111 of 

14 title 49, United States Code. 

15 (B) REPORT.—If the Secretary determines 

16 that a standard described in subparagraph 

17 (A)(i) would not meet the requirements and 

18 considerations described in subsections (a) and 

19 (b) of section 30111 of title 49, United States 

20 Code, the Secretary shall publish in the Federal 

21 Register and submit to the Committee on Com22 merce, Science, and Transportation of the Sen23 ate and the Committee on Energy and Com24 merce of the House of Representatives a report 


pamtmann on DSKBC07HB2PROD with BILLS
310 

•S 2016 IS

1 describing the reasons for not prescribing the 

2 standard. 

3 (d) LIMOUSINE INSPECTION DISCLOSURE.— 

4 (1) IN GENERAL.—A limousine operator may 

5 not introduce a limousine into interstate commerce 

6 unless the limousine operator has prominently dis7 closed in a clear and conspicuous notice, including 

8 on the website of the operator if the operator has a 

9 website, the following: 

10 (A) The date of the most recent inspection 

11 of the limousine required under State or Fed12 eral law, if applicable. 

13 (B) The results of the inspection, if appli14 cable. 

15 (C) Any corrective action taken by the lim16 ousine operator to ensure the limousine passed 

17 inspection, if applicable. 

18 (2) FEDERAL TRADE COMMISSION ENFORCE19 MENT.— 

20 (A) IN GENERAL.—The Federal Trade 

21 Commission shall enforce this subsection in the 

22 same manner, by the same means, and with the 

23 same jurisdiction, powers, and duties as though 

24 all applicable terms and provisions of the Fed25 eral Trade Commission Act (15 U.S.C. 41 et 


pamtmann on DSKBC07HB2PROD with BILLS
311 

•S 2016 IS

1 seq.) were incorporated into and made a part of 

2 this subsection. 

3 (B) TREATMENT.—Any person who vio4 lates this subsection shall be subject to the pen5 alties and entitled to the privileges and immuni6 ties provided in the Federal Trade Commission 

7 Act (15 U.S.C. 41 et seq.). 

8 (3) SAVINGS PROVISION.—Nothing in this sub9 section limits the authority of the Federal Trade 

10 Commission under any other provision of law. 

11 (4) EFFECTIVE DATE.—This subsection shall 

12 take effect on the date that is 180 days after the 

13 date of enactment of this Act. 

14 SEC. 3016. NATIONAL CONSUMER COMPLAINT DATABASE. 

15 (a) IN GENERAL.—Not later than 18 months after 

16 the date of enactment of this Act, the Comptroller General 

17 of the United States shall submit to the Committee on 

18 Commerce, Science, and Transportation of the Senate and 

19 the Committee on Transportation and Infrastructure of 

20 the House of Representatives a report on the National 

21 Consumer Complaint Database of the Federal Motor Car22 rier Safety Administration. 

23 (b) CONTENTS.—The report under subsection (a) 

24 shall include— 


pamtmann on DSKBC07HB2PROD with BILLS
312 

•S 2016 IS

1 (1) a review of the process and effectiveness of 

2 efforts to review and follow-up on complaints sub3 mitted to the National Consumer Complaint Data4 base; 

5 (2) an identification of the top 5 complaint cat6 egories; 

7 (3) an identification of— 

8 (A) the process that the Federal Motor 

9 Carrier Safety Administration uses to deter10 mine which entities to take enforcement actions 

11 against; and 

12 (B) the top categories of enforcement ac13 tions taken by the Federal Motor Carrier Safe14 ty Administration; 

15 (4) a review of the use of the National Con16 sumer Complaint Database website over the 5-year 

17 period ending on December 31, 2020, including in18 formation obtained by conducting interviews with 

19 drivers, customers of movers of household goods, 

20 brokers, motor carriers, including small business 

21 motor carriers, and other users of the website to de22 termine the usability of the website; 

23 (5) a review of efforts taken by the Federal 

24 Motor Carrier Safety Administration to raise awareVerDate Sep 11 2014 21:39 Jun 14, 2021 Jkt 019200 PO 00000 Frm 00312 Fmt 6652 Sfmt 6201 E:\BILLS\S2016.IS S2016

pamtmann on DSKBC07HB2PROD with BILLS
313 

•S 2016 IS

1 ness of the National Consumer Complaint Database; 

2 and 

3 (6) recommendations, as appropriate, including 

4 with respect to methods— 

5 (A) for improving the usability of the Na6 tional Consumer Complaint Database website; 

7 (B) for improving the review of complaints; 

8 (C) for using data collected through the 

9 National Consumer Complaint Database to 

10 identify bad actors; 

11 (D) to improve confidence and trans12 parency in the complaint process; and 

13 (E) for improving stakeholder awareness of 

14 and participation in the National Consumer 

15 Complaint Database and the complaint system, 

16 including improved communication about the 

17 purpose of the National Consumer Complaint 

18 Database. 

19 SEC. 3017. ELECTRONIC LOGGING DEVICE OVERSIGHT. 

20 Not later than 180 days after the date of enactment 

21 of this Act, the Secretary shall submit to Congress a re22 port detailing the processes— 

23 (1) used by the Federal Motor Carrier Safety 

24 Administration— 


pamtmann on DSKBC07HB2PROD with BILLS
314 

•S 2016 IS

1 (A) to review electronic logging device logs; 

2 and 

3 (B) to protect proprietary information and 

4 personally identifiable information obtained 

5 from electronic logging device logs; and 

6 (2) through which an operator may challenge or 

7 appeal a violation notice issued by the Federal 

8 Motor Carrier Safety Administration relating to an 

9 electronic logging device. 

10 TITLE IV—HIGHWAY AND MOTOR 

11 VEHICLE SAFETY 

12 Subtitle A—Highway Traffic Safety 

13 SEC. 4101. AUTHORIZATION OF APPROPRIATIONS. 

14 (a) IN GENERAL.—The following amounts are au15 thorized to be appropriated out of the Highway Trust 

16 Fund (other than the Mass Transit Account): 

17 (1) HIGHWAY SAFETY PROGRAMS.—To carry 

18 out section 402 of title 23, United States Code— 

19 (A) $363,400,000 for fiscal year 2022; 

20 (B) $370,900,000 for fiscal year 2023; 

21 (C) $378,400,000 for fiscal year 2024; 

22 (D) $385,900,000 for fiscal year 2025; 

23 and 

24 (E) $393,400,000 for fiscal year 2026. 


pamtmann on DSKBC07HB2PROD with BILLS
315 

•S 2016 IS

1 (2) HIGHWAY SAFETY RESEARCH AND DEVEL2 OPMENT.—To carry out section 403 of title 23, 

3 United States Code— 

4 (A) $186,000,000 for fiscal year 2022; 

5 (B) $190,000,000 for fiscal year 2023; 

6 (C) $194,000,000 for fiscal year 2024; 

7 (D) $198,000,000 for fiscal year 2025; 

8 and 

9 (E) $202,000,000 for fiscal year 2026. 

10 (3) HIGH-VISIBILITY ENFORCEMENT PRO11 GRAM.—To carry out section 404 of title 23, United 

12 States Code— 

13 (A) $36,400,000 for fiscal year 2022; 

14 (B) $38,300,000 for fiscal year 2023; 

15 (C) $40,300,000 for fiscal year 2024; 

16 (D) $42,300,000 for fiscal year 2025; and 

17 (E) $44,300,000 for fiscal year 2026. 

18 (4) NATIONAL PRIORITY SAFETY PROGRAMS.— 

19 To carry out section 405 of title 23, United States 

20 Code— 

21 (A) $336,500,000 for fiscal year 2022; 

22 (B) $346,500,000 for fiscal year 2023; 

23 (C) $353,500,000 for fiscal year 2024; 

24 (D) $360,500,000 for fiscal year 2025; 

25 and 


pamtmann on DSKBC07HB2PROD with BILLS
316 

•S 2016 IS

1 (E) $367,500,000 for fiscal year 2026. 

2 (5) ADMINISTRATIVE EXPENSES.—For adminis3 trative and related operating expenses of the Na4 tional Highway Traffic Safety Administration in car5 rying out chapter 4 of title 23, United States Code, 

6 and this title— 

7 (A) $38,000,000 for fiscal year 2022; 

8 (B) $39,520,000 for fiscal year 2023; 

9 (C) $41,100,800 for fiscal year 2024; 

10 (D) $42,744,832 for fiscal year 2025; and 

11 (E) $44,454,625 for fiscal year 2026. 

12 (6) NATIONAL DRIVER REGISTER.—For the Na13 tional Highway Traffic Safety Administration to 

14 carry out chapter 303 of title 49, United States 

15 Code— 

16 (A) $6,800,000 for fiscal year 2022; 

17 (B) $7,000,000 for fiscal year 2023; 

18 (C) $7,200,000 for fiscal year 2024; 

19 (D) $7,400,000 for fiscal year 2025; and 

20 (E) $7,600,000 for fiscal year 2026. 

21 (b) PROHIBITION ON OTHER USES.—Except as oth22 erwise provided in chapter 4 of title 23, and chapter 303 

23 of title 49, United States Code, the amounts made avail24 able under subsection (a) or any other provision of law 


pamtmann on DSKBC07HB2PROD with BILLS
317 

•S 2016 IS

1 from the Highway Trust Fund (other than the Mass Tran2 sit Account) for a program under those chapters— 

3 (1) shall only be used to carry out that pro4 gram; and 

5 (2) may not be used by a State or local govern6 ment for construction purposes. 

7 (c) APPLICABILITY OF TITLE 23.—Except as other8 wise provided in chapter 4 of title 23, and chapter 303 

9 of title 49, United States Code, the amounts made avail10 able under subsection (a) for fiscal years 2022 through 

11 2026 shall be available for obligation in the same manner 

12 as if those funds were apportioned under chapter 1 of title 

13 23, United States Code. 

14 (d) HIGHWAY SAFETY GENERAL REQUIREMENTS.— 

15 (1) IN GENERAL.—Chapter 4 of title 23, United 

16 States Code, is amended— 

17 (A) by redesignating sections 409 and 412 

18 as sections 407 and 408, respectively; and 

19 (B) by inserting after section 405 the fol20 lowing: 

21 ‘‘§ 406. General requirements for Federal assistance 

22 ‘‘(a) DEFINITION OF FUNDED PROJECT.—In this 

23 section, the term ‘funded project’ means a project funded, 

24 in whole or in part, by a grant provided under this chap25 ter. 


pamtmann on DSKBC07HB2PROD with BILLS
318 

•S 2016 IS

1 ‘‘(b) REGULATORY AUTHORITY.—Each funded 

2 project shall be carried out in accordance with applicable 

3 regulations promulgated by the Secretary. 

4 ‘‘(c) STATE MATCHING REQUIREMENTS.—If a grant 

5 provided under this chapter requires any State to share 

6 in the cost of a funded project, the aggregate of the ex7 penditures made by the State (including any political sub8 division of the State) for highway safety activities during 

9 a fiscal year, exclusive of Federal funds, for carrying out 

10 the funded project (other than expenditures for planning 

11 or administration) shall be credited toward the non-Fed12 eral share of the cost of any other funded project (other 

13 than planning and administration) during that fiscal year, 

14 regardless of whether those expenditures were made in 

15 connection with the project. 

16 ‘‘(d) GRANT APPLICATION AND DEADLINE.— 

17 ‘‘(1) APPLICATIONS.—To be eligible to receive a 

18 grant under this chapter, a State shall submit to the 

19 Secretary an application at such time, in such man20 ner, and containing such information as the Sec21 retary may require. 

22 ‘‘(2) DEADLINE.—The Secretary shall establish 

23 a single deadline for the submission of applications 

24 under paragraph (1) to enable the provision of 


pamtmann on DSKBC07HB2PROD with BILLS
319 

•S 2016 IS

1 grants under this chapter early in the first fiscal 

2 year beginning after the date of submission. 

3 ‘‘(e) DISTRIBUTION OF FUNDS TO STATES.—Not 

4 later than 60 days after the date of enactment of any ap5 propriations Act making funds available to carry out this 

6 chapter, the Secretary shall distribute to each State the 

7 portion of those funds to which the State is entitled for 

8 the applicable fiscal year.’’. 

9 (2) CLERICAL AMENDMENT.—The analysis for 

10 chapter 4 of title 23, United States Code, is amend11 ed by striking the items relating to sections 406 

12 through 412 and inserting the following: 

‘‘406. General requirements for Federal assistance. 

‘‘407. Discovery and admission as evidence of certain reports and surveys. 

‘‘408. Agency accountability.’’. 

13 SEC. 4102. HIGHWAY SAFETY PROGRAMS. 

14 (a) IN GENERAL.—Section 402 of title 23, United 

15 States Code, is amended— 

16 (1) by striking ‘‘accidents’’ each place it ap17 pears and inserting ‘‘crashes’’; 

18 (2) by striking ‘‘accident’’ each place it appears 

19 and inserting ‘‘crash’’; 

20 (3) in subsection (a)— 

21 (A) in paragraph (1), by striking ‘‘shall 

22 have’’ and all that follows through the period at 

23 the end and inserting the following: ‘‘shall have 

24 in effect a highway safety program that— 


pamtmann on DSKBC07HB2PROD with BILLS
320 

•S 2016 IS

1 ‘‘(i) is designed to reduce— 

2 ‘‘(I) traffic crashes; and 

3 ‘‘(II) deaths, injuries, and prop4 erty damage resulting from those 

5 crashes; 

6 ‘‘(ii) includes— 

7 ‘‘(I) an approved, current, tri8 ennial highway safety plan in accord9 ance with subsection (k); and 

10 ‘‘(II) an approved grant applica11 tion under subsection (l) for the fiscal 

12 year; 

13 ‘‘(iii) demonstrates compliance with 

14 the applicable administrative requirements 

15 of subsection (b)(1); and 

16 ‘‘(iv) is approved by the Secretary.’’; 

17 (B) in paragraph (2)(A)— 

18 (i) in clause (ii), by striking ‘‘occu19 pant protection devices (including the use 

20 of safety belts and child restraint sys21 tems)’’ and inserting ‘‘safety belts’’; 

22 (ii) in clause (vii), by striking ‘‘and’’ 

23 at the end; 


pamtmann on DSKBC07HB2PROD with BILLS
321 

•S 2016 IS

1 (iii) by redesignating clauses (iii) 

2 through (viii) as clauses (iv) through (ix), 

3 respectively; 

4 (iv) by inserting after clause (ii) the 

5 following: 

6 ‘‘(iii) to encourage more widespread 

7 and proper use of child restraints, with an 

8 emphasis on underserved populations;’’; 

9 and 

10 (v) by adding at the end the following: 

11 ‘‘(x) to reduce crashes caused by driv12 er misuse or misunderstanding of new ve13 hicle technology; 

14 ‘‘(xi) to increase vehicle recall aware15 ness; 

16 ‘‘(xii) to provide to the public infor17 mation relating to the risks of child heat18 stroke death when left unattended in a 

19 motor vehicle after the motor is deacti20 vated by the operator; 

21 ‘‘(xiii) to reduce injuries and deaths 

22 resulting from the failure by drivers of 

23 motor vehicles to move to another traffic 

24 lane or reduce the speed of the vehicle 

25 when law enforcement, fire service, emerVerDate Sep 11 2014 21:39 Jun 14, 2021 Jkt 019200 PO 00000 Frm 00321 Fmt 6652 Sfmt 6201 E:\BILLS\S2016.IS S2016

pamtmann on DSKBC07HB2PROD with BILLS
322 

•S 2016 IS

1 gency medical services, or other emergency 

2 or first responder vehicles are stopped or 

3 parked on or next to a roadway with emer4 gency lights activated; and 

5 ‘‘(xiv) to prevent crashes, injuries, and 

6 deaths caused by unsecured vehicle loads;’’; 

7 and 

8 (C) by adding at the end the following: 

9 ‘‘(3) ADDITIONAL CONSIDERATIONS.—A State 

10 that has legalized medicinal or recreational mari11 juana shall take into consideration implementing 

12 programs in addition to the programs described in 

13 paragraph (2)(A)— 

14 ‘‘(A) to educate drivers regarding the risks 

15 associated with marijuana-impaired driving; and 

16 ‘‘(B) to reduce injuries and deaths result17 ing from individuals driving motor vehicles 

18 while impaired by marijuana.’’; 

19 (4) in subsection (b)(1)— 

20 (A) in the matter preceding subparagraph 

21 (A), by striking ‘‘may’’ and inserting ‘‘shall’’; 

22 (B) by striking subparagraph (B) and in23 serting the following: 

24 ‘‘(B) provide for a comprehensive, data25 driven traffic safety program that results from 


pamtmann on DSKBC07HB2PROD with BILLS
323 

•S 2016 IS

1 meaningful public participation and engagement 

2 from affected communities, particularly those 

3 most significantly impacted by traffic crashes 

4 resulting in injuries and fatalities;’’; 

5 (C) in subparagraph (C), by striking ‘‘au6 thorized in accordance with subparagraph (B)’’; 

7 (D) in subparagraph (D), by striking 

8 ‘‘with disabilities, including those in wheel9 chairs’’ and inserting ‘‘, including those with 

10 disabilities and those in wheelchairs’’; 

11 (E) by striking subparagraph (E) and in12 serting the following: 

13 ‘‘(E) as part of a comprehensive program, 

14 support— 

15 ‘‘(i) data-driven traffic safety enforce16 ment programs that foster effective com17 munity collaboration to increase public 

18 safety; and 

19 ‘‘(ii) data collection and analysis to 

20 ensure transparency, identify disparities in 

21 traffic enforcement, and inform traffic en22 forcement policies, procedures, and activi23 ties; and’’; and 

24 (F) in subparagraph (F)— 


pamtmann on DSKBC07HB2PROD with BILLS
324 

•S 2016 IS

1 (i) in clause (i), by striking ‘‘national 

2 law enforcement mobilizations and high3 visibility’’ and inserting ‘‘national, high-vis4 ibility’’; 

5 (ii) in clause (iv), by striking ‘‘and’’ 

6 after the semicolon at the end; 

7 (iii) in clause (v), by striking the pe8 riod at the end and inserting ‘‘; and’’; and 

9 (iv) by adding at the end the fol10 lowing: 

11 ‘‘(vi) unless the State highway safety 

12 program is developed by American Samoa, 

13 Guam, the Commonwealth of the Northern 

14 Mariana Islands, or the United States Vir15 gin Islands, participation in the Fatality 

16 Analysis Reporting System.’’; 

17 (5) in subsection (c)— 

18 (A) in paragraph (1)— 

19 (i) by striking the paragraph designa20 tion and heading and all that follows 

21 through ‘‘Funds authorized’’ and inserting 

22 the following: 

23 ‘‘(1) USE FOR STATE ACTIVITIES.— 

24 ‘‘(A) IN GENERAL.—The funds author25 ized’’; and 


pamtmann on DSKBC07HB2PROD with BILLS
325 

•S 2016 IS

1 (ii) by adding at the end the fol2 lowing: 

3 ‘‘(B) NEIGHBORING STATES.—A State, 

4 acting in cooperation with any neighboring 

5 State, may use funds provided under this sec6 tion for a highway safety program that may 

7 confer a benefit on the neighboring State.’’; 

8 (B) by striking paragraphs (2) and (3) and 

9 inserting the following: 

10 ‘‘(2) APPORTIONMENT TO STATES.— 

11 ‘‘(A) DEFINITION OF PUBLIC ROAD.—In 

12 this paragraph, the term ‘public road’ means 

13 any road that is— 

14 ‘‘(i) subject to the jurisdiction of, and 

15 maintained by, a public authority; and 

16 ‘‘(ii) held open to public travel. 

17 ‘‘(B) APPORTIONMENT.— 

18 ‘‘(i) IN GENERAL.—Except for the 

19 amounts identified in section 403(f) and 

20 the amounts subject to subparagraph (C), 

21 of the funds made available under this sec22 tion— 

23 ‘‘(I) 75 percent shall be appor24 tioned to each State based on the 


pamtmann on DSKBC07HB2PROD with BILLS
326 

•S 2016 IS

1 ratio that, as determined by the most 

2 recent decennial census— 

3 ‘‘(aa) the population of the 

4 State; bears to 

5 ‘‘(bb) the total population of 

6 all States; and 

7 ‘‘(II) 25 percent shall be appor8 tioned to each State based on the 

9 ratio that, subject to clause (ii)— 

10 ‘‘(aa) the public road mile11 age in each State; bears to 

12 ‘‘(bb) the total public road 

13 mileage in all States. 

14 ‘‘(ii) CALCULATION.—For purposes of 

15 clause (i)(II), public road mileage shall 

16 be— 

17 ‘‘(I) determined as of the end of 

18 the calendar year preceding the year 

19 during which the funds are appor20 tioned; 

21 ‘‘(II) certified by the Governor of 

22 the State; and 

23 ‘‘(III) subject to approval by the 

24 Secretary. 


pamtmann on DSKBC07HB2PROD with BILLS
327 

•S 2016 IS

1 ‘‘(C) MINIMUM APPORTIONMENTS.—The 

2 annual apportionment under this section to— 

3 ‘‘(i) each State shall be not less than 

3 4 ⁄4 of 1 percent of the total apportionment; 

5 ‘‘(ii) the Secretary of the Interior 

6 shall be not less than 2 percent of the total 

7 apportionment; and 

8 ‘‘(iii) the United States Virgin Is9 lands, Guam, American Samoa, and the 

10 Commonwealth of the Northern Mariana 

Islands shall be not less than 1 11 ⁄4 of 1 per12 cent of the total apportionment. 

13 ‘‘(D) PENALTY.— 

14 ‘‘(i) IN GENERAL.—The funds appor15 tioned under this section to a State that 

16 does not have approved or in effect a high17 way safety program described in subsection 

18 (a)(1) shall be reduced by an amount equal 

19 to not less than 20 percent of the amount 

20 that would otherwise be apportioned to the 

21 State under this section, until the date on 

22 which the Secretary, as applicable— 

23 ‘‘(I) approves such a highway 

24 safety program; or 


pamtmann on DSKBC07HB2PROD with BILLS
328 

•S 2016 IS

1 ‘‘(II) determines that the State is 

2 implementing such a program. 

3 ‘‘(ii) FACTOR FOR CONSIDERATION.— 

4 In determining the amount of the reduc5 tion in funds apportioned to a State under 

6 this subparagraph, the Secretary shall take 

7 into consideration the gravity of the failure 

8 by the State to secure approval, or to im9 plement, a highway safety program de10 scribed in subsection (a)(1). 

11 ‘‘(E) LIMITATIONS.— 

12 ‘‘(i) IN GENERAL.—A highway safety 

13 program approved by the Secretary shall 

14 not include any requirement that a State 

15 shall implement such a program by adopt16 ing or enforcing any law, rule, or regula17 tion based on a guideline promulgated by 

18 the Secretary under this section requiring 

19 any motorcycle operator aged 18 years or 

20 older, or a motorcycle passenger aged 18 

21 years or older, to wear a safety helmet 

22 when operating or riding a motorcycle on 

23 the streets and highways of that State. 

24 ‘‘(ii) EFFECT OF GUIDELINES.—Noth25 ing in this section requires a State highVerDate Sep 11 2014 21:39 Jun 14, 2021 Jkt 019200 PO 00000 Frm 00328 Fmt 6652 Sfmt 6201 E:\BILLS\S2016.IS S2016

pamtmann on DSKBC07HB2PROD with BILLS
329 

•S 2016 IS

1 way safety program to require compliance 

2 with every uniform guideline, or with every 

3 element of every uniform guideline, in 

4 every State. 

5 ‘‘(3) REAPPORTIONMENT.— 

6 ‘‘(A) IN GENERAL.—The Secretary shall 

7 promptly apportion to a State any funds with8 held from the State under paragraph (2)(D) if 

9 the Secretary makes an approval or determina10 tion, as applicable, described in that paragraph 

11 by not later than July 31 of the fiscal year for 

12 which the funds were withheld. 

13 ‘‘(B) CONTINUING STATE FAILURE.—If 

14 the Secretary determines that a State fails to 

15 correct a failure to have approved or in effect 

16 a highway safety program described in sub17 section (a)(1) by the date described in subpara18 graph (A), the Secretary shall reapportion the 

19 funds withheld from that State under para20 graph (2)(D) for the fiscal year to the other 

21 States in accordance with the formula described 

22 in paragraph (2)(B) by not later than the last 

23 day of the fiscal year.’’; and 

24 (C) in paragraph (4)— 

25 (i) by striking subparagraph (C); 


pamtmann on DSKBC07HB2PROD with BILLS
330 

•S 2016 IS

1 (ii) by redesignating subparagraphs 

2 (A) and (B) as subparagraphs (B) and 

3 (A), respectively, and moving the subpara4 graphs so as to appear in alphabetical 

5 order; and 

6 (iii) by adding at the end the fol7 lowing: 

8 ‘‘(C) SPECIAL RULE FOR SCHOOL AND

9 WORK ZONES.—Notwithstanding subparagraph 

10 (B), a State may expend funds apportioned to 

11 the State under this section to carry out a pro12 gram to purchase, operate, or maintain an 

13 automated traffic enforcement system in a work 

14 zone or school zone. 

15 ‘‘(D) AUTOMATED TRAFFIC ENFORCEMENT

16 SYSTEM GUIDELINES.—An automated traffic 

17 enforcement system installed pursuant to sub18 paragraph (C) shall comply with such guidelines 

19 applicable to speed enforcement camera systems 

20 and red light camera systems as are established 

21 by the Secretary.’’; 

22 (6) in subsection (k)— 

23 (A) by striking the subsection designation 

24 and heading and all that follows through 


pamtmann on DSKBC07HB2PROD with BILLS
331 

•S 2016 IS

1 ‘‘thereafter’’ in paragraph (1) and inserting the 

2 following: 

3 ‘‘(k) TRIENNIAL HIGHWAY SAFETY PLAN.— 

4 ‘‘(1) IN GENERAL.—For fiscal year 2022, and 

5 not less frequently than once every 3 fiscal years 

6 thereafter’’; 

7 (B) in paragraph (1), by striking ‘‘for that 

8 fiscal year, to develop and submit to the Sec9 retary for approval a highway safety plan’’ and 

10 inserting ‘‘for the 3 fiscal years covered by the 

11 plan, to develop and submit to the Secretary for 

12 approval a triennial highway safety plan’’; 

13 (C) by striking paragraph (2) and insert14 ing the following: 

15 ‘‘(2) TIMING.—Each State shall submit to the 

16 Secretary a triennial highway safety plan by not 

17 later than July 1 of the fiscal year preceding the 

18 first fiscal year covered by the plan.’’; 

19 (D) in paragraph (3), by inserting ‘‘tri20 ennial’’ before ‘‘highway’’; 

21 (E) in paragraph (4)— 

22 (i) in the matter preceding subpara23 graph (A)— 

24 (I) by striking ‘‘State highway 

25 safety plans’’ and inserting ‘‘Each 


pamtmann on DSKBC07HB2PROD with BILLS
332 

•S 2016 IS

1 State triennial highway safety plan’’; 

2 and 

3 (II) by inserting ‘‘, with respect 

4 to the 3 fiscal years covered by the 

5 plan, based on the information avail6 able on the date of submission under 

7 paragraph (2)’’ after ‘‘include’’; 

8 (ii) in subparagraph (A)(ii), by strik9 ing ‘‘annual performance targets’’ and in10 serting ‘‘performance targets that dem11 onstrate constant or improved perform12 ance’’; 

13 (iii) by striking subparagraph (B) and 

14 inserting the following: 

15 ‘‘(B) a countermeasure strategy for pro16 gramming funds under this section for projects 

17 that will allow the State to meet the perform18 ance targets described in subparagraph (A), in19 cluding a description— 

20 ‘‘(i) that demonstrates the link be21 tween the effectiveness of each proposed 

22 countermeasure strategy and those per23 formance targets; and 

24 ‘‘(ii) of the manner in which each 

25 countermeasure strategy is informed by 


pamtmann on DSKBC07HB2PROD with BILLS
333 

•S 2016 IS

1 uniform guidelines issued by the Sec2 retary;’’; and 

3 (iv) in subparagraph (D), by striking 

4 ‘‘, State, local, or private’’; 

5 (F) by striking paragraph (5) and insert6 ing the following: 

7 ‘‘(5) PERFORMANCE MEASURES.—The Sec8 retary shall develop minimum performance measures 

9 under paragraph (4)(A) in consultation with the 

10 Governors Highway Safety Association.’’; and 

11 (G) in paragraph (6)— 

12 (i) in the paragraph heading, by in13 serting ‘‘TRIENNIAL’’ before ‘‘HIGHWAY’’; 

14 (ii) by redesignating subparagraphs 

15 (B) through (E) as subparagraphs (C) 

16 through (F), respectively; 

17 (iii) in each of subparagraphs (C) 

18 through (F) (as so redesignated), by in19 serting ‘‘triennial’’ before ‘‘highway’’ each 

20 place it appears; and 

21 (iv) by striking subparagraph (A) and 

22 inserting the following: 

23 ‘‘(A) IN GENERAL.—Except as provided in 

24 subparagraph (B), the Secretary shall review 

25 and approve or disapprove a triennial highway 


pamtmann on DSKBC07HB2PROD with BILLS
334 

•S 2016 IS

1 safety plan of a State by not later than 60 days 

2 after the date on which the plan is received by 

3 the Secretary. 

4 ‘‘(B) ADDITIONAL INFORMATION.— 

5 ‘‘(i) IN GENERAL.—The Secretary 

6 may request a State to submit to the Sec7 retary such additional information as the 

8 Secretary determines to be necessary for 

9 review of the triennial highway safety plan 

10 of the State. 

11 ‘‘(ii) EXTENSION OF DEADLINE.—On 

12 providing to a State a request for addi13 tional information under clause (i), the 

14 Secretary may extend the deadline to ap15 prove or disapprove the triennial highway 

16 safety plan of the State under subpara17 graph (A) for not more than an additional 

18 90 days, as the Secretary determines to be 

19 necessary to accommodate that request, 

20 subject to clause (iii). 

21 ‘‘(iii) TIMING.—Any additional infor22 mation requested under clause (i) shall be 

23 submitted to the Secretary by not later 

24 than 7 business days after the date of re25 ceipt by the State of the request.’’; 


pamtmann on DSKBC07HB2PROD with BILLS
335 

•S 2016 IS

1 (7) by inserting after subsection (k) the fol2 lowing: 

3 ‘‘(l) ANNUAL GRANT APPLICATION AND REPORTING

4 REQUIREMENTS.— 

5 ‘‘(1) ANNUAL GRANT APPLICATION.— 

6 ‘‘(A) IN GENERAL.—To be eligible to re7 ceive grant funds under this chapter for a fiscal 

8 year, each State shall submit to the Secretary 

9 an annual grant application that, as determined 

10 by the Secretary— 

11 ‘‘(i) demonstrates alignment with the 

12 approved triennial highway safety plan of 

13 the State; and 

14 ‘‘(ii) complies with the requirements 

15 under this subsection. 

16 ‘‘(B) TIMING.—The deadline for submis17 sion of annual grant applications under this 

18 paragraph shall be determined by the Secretary 

19 in accordance with section 406(d)(2). 

20 ‘‘(C) CONTENTS.—An annual grant appli21 cation under this paragraph shall include, at a 

22 minimum— 

23 ‘‘(i) such updates as the State deter24 mines to be necessary to any analysis inVerDate Sep 11 2014 21:39 Jun 14, 2021 Jkt 019200 PO 00000 Frm 00335 Fmt 6652 Sfmt 6201 E:\BILLS\S2016.IS S2016

pamtmann on DSKBC07HB2PROD with BILLS
336 

•S 2016 IS

1 cluded in the triennial highway safety plan 

2 of the State; 

3 ‘‘(ii) an identification of each project 

4 and subrecipient to be funded by the State 

5 using the grants during the upcoming 

6 grant year, subject to the condition that 

7 the State shall separately submit, on a 

8 date other than the date of submission of 

9 the annual grant application, a description 

10 of any projects or subrecipients to be fund11 ed, as that information becomes available; 

12 ‘‘(iii) a description of the means by 

13 which the strategy of the State to use 

14 grant funds was adjusted and informed by 

15 the previous report of the State under 

16 paragraph (2); and 

17 ‘‘(iv) an application for any additional 

18 grants available to the State under this 

19 chapter. 

20 ‘‘(D) REVIEW.—The Secretary shall review 

21 and approve or disapprove an annual grant ap22 plication under this paragraph by not later than 

23 60 days after the date of submission of the ap24 plication. 


pamtmann on DSKBC07HB2PROD with BILLS
337 

•S 2016 IS

1 ‘‘(2) REPORTING REQUIREMENTS.—Not later 

2 than 120 days after the end of each fiscal year for 

3 which a grant is provided to a State under this 

4 chapter, the State shall submit to the Secretary an 

5 annual report that includes— 

6 ‘‘(A) an assessment of the progress made 

7 by the State in achieving the performance tar8 gets identified in the triennial highway safety 

9 plan of the State, based on the most currently 

10 available Fatality Analysis Reporting System 

11 data; and 

12 ‘‘(B)(i) a description of the extent to which 

13 progress made in achieving those performance 

14 targets is aligned with the triennial highway 

15 safety plan of the State; and 

16 ‘‘(ii) if applicable, any plans of the State to 

17 adjust a strategy for programming funds to 

18 achieve the performance targets.’’; 

19 (8) in subsection (m)(1), by striking ‘‘a State’s 

20 highway safety plan’’ and inserting ‘‘the applicable 

21 triennial highway safety plan of the State’’; and 

22 (9) by striking subsection (n) and inserting the 

23 following: 

24 ‘‘(n) PUBLIC TRANSPARENCY.— 


pamtmann on DSKBC07HB2PROD with BILLS
338 

•S 2016 IS

1 ‘‘(1) IN GENERAL.—The Secretary shall pub2 licly release on a Department of Transportation 

3 website, by not later than 45 calendar days after the 

4 applicable date of availability— 

5 ‘‘(A) each triennial highway safety plan ap6 proved by the Secretary under subsection (k); 

7 ‘‘(B) each State performance target under 

8 subsection (k); and 

9 ‘‘(C) an evaluation of State achievement of 

10 applicable performance targets under subsection 

11 (k). 

12 ‘‘(2) STATE HIGHWAY SAFETY PLAN

13 WEBSITE.— 

14 ‘‘(A) IN GENERAL.—In carrying out para15 graph (1), the Secretary shall establish a public 

16 website that is easily accessible, navigable, and 

17 searchable for the information required under 

18 that paragraph, in order to foster greater trans19 parency in approved State highway safety pro20 grams. 

21 ‘‘(B) CONTENTS.—The website established 

22 under subparagraph (A) shall— 

23 ‘‘(i) include the applicable triennial 

24 highway safety plan, and the annual re25 port, of each State submitted to, and apVerDate Sep 11 2014 21:39 Jun 14, 2021 Jkt 019200 PO 00000 Frm 00338 Fmt 6652 Sfmt 6201 E:\BILLS\S2016.IS S2016

pamtmann on DSKBC07HB2PROD with BILLS
339 

•S 2016 IS

1 proved by, the Secretary under subsection 

2 (k); and 

3 ‘‘(ii) provide a means for the public to 

4 search the website for State highway safety 

5 program content required under subsection 

6 (k), including— 

7 ‘‘(I) performance measures re8 quired by the Secretary; 

9 ‘‘(II) progress made toward 

10 meeting the applicable performance 

11 targets during the preceding program 

12 year; 

13 ‘‘(III) program areas and ex14 penditures; and 

15 ‘‘(IV) a description of any 

16 sources of funds, other than funds 

17 provided under this section, that the 

18 State proposes to use to carry out the 

19 triennial highway safety plan of the 

20 State.’’. 

21 (b) EFFECTIVE DATE.—The amendments made by 

22 subsection (a) shall take effect with respect to any grant 

23 application or State highway safety plan submitted under 

24 chapter 4 of title 23, United States Code, for fiscal year 

25 2024 or thereafter. 


pamtmann on DSKBC07HB2PROD with BILLS
340 

•S 2016 IS

1 SEC. 4103. HIGHWAY SAFETY RESEARCH AND DEVELOP2 MENT. 

3 Section 403 of title 23, United States Code, is 

4 amended— 

5 (1) by striking ‘‘accident’’ each place it appears 

6 and inserting ‘‘crash’’; 

7 (2) in subsection (b)(1), in the matter pre8 ceding subparagraph (A), by inserting ‘‘, training, 

9 education,’’ after ‘‘demonstration projects’’; 

10 (3) in subsection (f)(1)— 

11 (A) by striking ‘‘$2,500,000’’ and inserting 

12 ‘‘$3,500,000’’; 

13 (B) by striking ‘‘subsection 402(c) in each 

14 fiscal year ending before October 1, 2015’’ and 

15 inserting ‘‘section 402(c)(2) in each fiscal year 

16 ending before October 1, 2021’’; and 

17 (C) by striking ‘‘section 402(c) in the pe18 riod beginning on October 1, 2015, and ending 

19 on December 4, 2015’’ and inserting ‘‘section 

20 402(c)(2) beginning on October 1, 2021, and 

21 ending on December 4, 2021’’; 

22 (4) in subsection (h)— 

23 (A) by redesignating paragraphs (1), (2), 

24 (3), (4), and (5) as paragraphs (2), (3), (4), 

25 (5), and (1), respectively, and moving the para26 graphs so as to appear in numerical order; 


pamtmann on DSKBC07HB2PROD with BILLS
341 

•S 2016 IS

1 (B) in subparagraph (A) of paragraph (1) 

2 (as so redesignated), by striking ‘‘section 

3 30102(a)(6)’’ and inserting ‘‘section 30102(a)’’; 

4 and 

5 (C) in paragraph (3) (as so redesignated), 

6 by striking ‘‘paragraph (1)’’ and inserting 

7 ‘‘paragraph (2)’’; and 

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

9 ‘‘(k) CHILD SAFETY CAMPAIGN.— 

10 ‘‘(1) IN GENERAL.—The Secretary shall carry 

11 out an education campaign to reduce the incidence 

12 of vehicular heatstroke of children left in passenger 

13 motor vehicles (as defined in section 30102(a) of 

14 title 49). 

15 ‘‘(2) ADVERTISING.—The Secretary may use, or 

16 authorize the use of, funds made available to carry 

17 out this section to pay for the development, produc18 tion, and use of broadcast and print media adver19 tising and Internet-based outreach for the education 

20 campaign under paragraph (1). 

21 ‘‘(3) COORDINATION.—In carrying out the edu22 cation campaign under paragraph (1), the Secretary 

23 shall coordinate with— 

24 ‘‘(A) interested State and local govern25 ments; 


pamtmann on DSKBC07HB2PROD with BILLS
342 

•S 2016 IS

1 ‘‘(B) private industry; and 

2 ‘‘(C) other parties, as determined by the 

3 Secretary. 

4 ‘‘(l) DEVELOPMENT OF STATE PROCESSES FOR IN5 FORMING CONSUMERS OF RECALLS.— 

6 ‘‘(1) DEFINITIONS.—In this subsection: 

7 ‘‘(A) MOTOR VEHICLE.—The term ‘motor 

8 vehicle’ has the meaning given the term in sec9 tion 30102(a) of title 49. 

10 ‘‘(B) OPEN RECALL.—The term ‘open re11 call’ means a motor vehicle recall— 

12 ‘‘(i) for which a notification by a man13 ufacturer has been provided under section 

14 30119 of title 49; and 

15 ‘‘(ii) that has not been remedied 

16 under section 30120 of that title. 

17 ‘‘(C) PROGRAM.—The term ‘program’ 

18 means the program established under para19 graph (2)(A). 

20 ‘‘(D) REGISTRATION.—The term ‘registra21 tion’ means the process for registering a motor 

22 vehicle in a State (including registration re23 newal). 

24 ‘‘(E) STATE.—The term ‘State’ has the 

25 meaning given the term in section 101(a). 


pamtmann on DSKBC07HB2PROD with BILLS
343 

•S 2016 IS

1 ‘‘(2) GRANTS.— 

2 ‘‘(A) ESTABLISHMENT OF PROGRAM.—Not 

3 later than 2 years after the date of enactment 

4 of this subsection, the Secretary shall establish 

5 a program under which the Secretary shall pro6 vide grants to States for use in developing and 

7 implementing State processes for informing 

8 each applicable owner and lessee of a motor ve9 hicle of any open recall on the motor vehicle at 

10 the time of registration of the motor vehicle in 

11 the State, in accordance with this paragraph. 

12 ‘‘(B) ELIGIBILITY.—To be eligible to re13 ceive a grant under the program, a State 

14 shall— 

15 ‘‘(i) submit to the Secretary an appli16 cation at such time, in such manner, and 

17 containing such information as the Sec18 retary may require; and 

19 ‘‘(ii) agree— 

20 ‘‘(I) to notify each owner or les21 see of a motor vehicle presented for 

22 registration in the State of any open 

23 recall on that motor vehicle; and 


pamtmann on DSKBC07HB2PROD with BILLS
344 

•S 2016 IS

1 ‘‘(II) to provide to each owner or 

2 lessee of a motor vehicle presented for 

3 registration, at no cost— 

4 ‘‘(aa) the open recall infor5 mation for the motor vehicle; and 

6 ‘‘(bb) such other information 

7 as the Secretary may require. 

8 ‘‘(C) FACTORS FOR CONSIDERATION.—In 

9 selecting grant recipients under the program, 

10 the Secretary shall take into consideration the 

11 methodology of a State for— 

12 ‘‘(i) identifying open recalls on a 

13 motor vehicle; 

14 ‘‘(ii) informing each owner and lessee 

15 of a motor vehicle of an open recall; and 

16 ‘‘(iii) measuring performance in— 

17 ‘‘(I) informing owners and lessees 

18 of open recalls; and 

19 ‘‘(II) remedying open recalls. 

20 ‘‘(D) PERFORMANCE PERIOD.—A grant 

21 provided under the program shall require a per22 formance period of 2 years. 

23 ‘‘(E) REPORT.—Not later than 90 days 

24 after the date of completion of the performance 

25 period under subparagraph (D), each State that 


pamtmann on DSKBC07HB2PROD with BILLS
345 

•S 2016 IS

1 receives a grant under the program shall submit 

2 to the Secretary a report that contains such in3 formation as the Secretary considers to be nec4 essary to evaluate the extent to which open re5 calls have been remedied in the State. 

6 ‘‘(F) NO REGULATIONS REQUIRED.—Not7 withstanding any other provision of law, the 

8 Secretary shall not be required to issue any reg9 ulations to carry out the program. 

10 ‘‘(3) PAPERWORK REDUCTION ACT.—Chapter 

11 35 of title 44 (commonly known as the ‘Paperwork 

12 Reduction Act’) shall not apply to information col13 lected under the program. 

14 ‘‘(4) FUNDING.—For each of fiscal years 2022 

15 through 2026, the Secretary shall obligate from 

16 funds made available to carry out this section 

17 $1,500,000 to carry out the program. 

18 ‘‘(m) INNOVATIVE HIGHWAY SAFETY COUNTER19 MEASURES.— 

20 ‘‘(1) IN GENERAL.—In conducting research 

21 under this section, the Secretary shall evaluate the 

22 effectiveness of innovative behavioral traffic safety 

23 countermeasures, other than traffic enforcement, 

24 that are considered promising or likely to be effec25 tive for the purpose of enriching revisions to the docVerDate Sep 11 2014 21:39 Jun 14, 2021 Jkt 019200 PO 00000 Frm 00345 Fmt 6652 Sfmt 6201 E:\BILLS\S2016.IS S2016

pamtmann on DSKBC07HB2PROD with BILLS
346 

•S 2016 IS

1 ument entitled ‘Countermeasures That Work: A 

2 Highway Safety Countermeasure Guide for State 

3 Highway Safety Offices, Ninth Edition’ and num4 bered DOT HS 812 478 (or any successor docu5 ment). 

6 ‘‘(2) TREATMENT.—The research described in 

7 paragraph (1) shall be in addition to any other re8 search carried out under this section.’’. 

9 SEC. 4104. HIGH-VISIBILITY ENFORCEMENT PROGRAMS. 

10 Section 404(a) of title 23, United States Code, is 

11 amended by striking ‘‘each of fiscal years 2016 through 

12 2020’’ and inserting ‘‘each fiscal year’’. 

13 SEC. 4105. NATIONAL PRIORITY SAFETY PROGRAMS. 

14 (a) IN GENERAL.—Section 405 of title 23, United 

15 States Code, is amended— 

16 (1) in subsection (a)— 

17 (A) by striking paragraphs (6) and (9); 

18 (B) by redesignating paragraphs (1) 

19 through (5) as paragraphs (2) through (6), re20 spectively; 

21 (C) by striking the subsection designation 

22 and heading and all that follows through ‘‘the 

23 following:’’ in the matter preceding paragraph 

24 (2) (as so redesignated) and inserting the fol25 lowing: 


pamtmann on DSKBC07HB2PROD with BILLS
347 

•S 2016 IS

1 ‘‘(a) PROGRAM AUTHORITY.— 

2 ‘‘(1) IN GENERAL.—Subject to the require3 ments of this section, the Secretary shall— 

4 ‘‘(A) manage programs to address national 

5 priorities for reducing highway deaths and inju6 ries; and 

7 ‘‘(B) allocate funds for the purpose de8 scribed in subparagraph (A) in accordance with 

9 this subsection.’’; 

10 (D) in paragraph (4) (as so redesignated), 

11 by striking ‘‘52.5 percent’’ and inserting ‘‘53 

12 percent’’; 

13 (E) in paragraph (7)— 

14 (i) by striking ‘‘5 percent’’ and insert15 ing ‘‘7 percent’’; and 

16 (ii) by striking ‘‘subsection (h)’’ and 

17 inserting ‘‘subsection (g)’’; 

18 (F) by redesignating paragraphs (8) and 

19 (10) as paragraphs (10) and (11), respectively; 

20 (G) by inserting after paragraph (7) the 

21 following: 

22 ‘‘(8) PREVENTING ROADSIDE DEATHS.—In each 

23 fiscal year, 1 percent of the funds provided under 

24 this section shall be allocated among States that 


pamtmann on DSKBC07HB2PROD with BILLS
348 

•S 2016 IS

1 meet requirements with respect to preventing road2 side deaths under subsection (h). 

3 ‘‘(9) DRIVER OFFICER SAFETY EDUCATION.—In 

4 each fiscal year, 1 percent of the funds provided 

5 under this section shall be allocated among States 

6 that meet requirements with respect to driver and 

7 officer safety education under subsection (i).’’; and 

8 (H) in paragraph (10) (as so redesig9 nated)— 

10 (i) by striking ‘‘(1) through (7)’’ and 

11 inserting ‘‘(2) through (9)’’; and 

12 (ii) by striking ‘‘(b) through (h)’’ and 

13 inserting ‘‘(b) through (i)’’; 

14 (2) in subsection (b)— 

15 (A) in paragraph (1), by striking ‘‘of 

16 Transportation’’; 

17 (B) in paragraph (3)(B)(ii)(VI)(aa), by 

18 striking ‘‘3-year’’ and inserting ‘‘5-year’’; and 

19 (C) in paragraph (4)— 

20 (i) in subparagraph (A), by striking 

21 clause (v) and inserting the following: 

22 ‘‘(v) implement programs— 

23 ‘‘(I) to recruit and train nation24 ally certified child passenger safety 

25 technicians among police officers, fire 


pamtmann on DSKBC07HB2PROD with BILLS
349 

•S 2016 IS

1 and other first responders, emergency 

2 medical personnel, and other individ3 uals or organizations serving low-in4 come and underserved populations; 

5 ‘‘(II) to educate parents and 

6 caregivers in low-income and under7 served populations regarding the im8 portance of proper use and correct in9 stallation of child restraints on every 

10 trip in a motor vehicle; and 

11 ‘‘(III) to purchase and distribute 

12 child restraints to low-income and un13 derserved populations; and’’; and 

14 (ii) by striking subparagraph (B) and 

15 inserting the following: 

16 ‘‘(B) REQUIREMENTS.—Each State that is 

17 eligible to receive funds— 

18 ‘‘(i) under paragraph (3)(A) shall 

19 use— 

20 ‘‘(I) not more than 90 percent of 

21 those funds to carry out a project or 

22 activity eligible for funding under sec23 tion 402; and 

24 ‘‘(II) any remaining funds to 

25 carry out subparagraph (A)(v); and 


pamtmann on DSKBC07HB2PROD with BILLS
350 

•S 2016 IS

1 ‘‘(ii) under paragraph (3)(B) shall use 

2 not less than 10 percent of those funds to 

3 carry out the activities described in sub4 paragraph (A)(v).’’; 

5 (3) in subsection (c)— 

6 (A) in paragraph (1)— 

7 (i) in the matter preceding subpara8 graph (A), by striking ‘‘of Transpor9 tation’’; and 

10 (ii) in subparagraph (D), by striking 

11 ‘‘States; and’’ and inserting ‘‘States, in12 cluding the National EMS Information 

13 System;’’; 

14 (B) in paragraph (3)— 

15 (i) by striking the paragraph designa16 tion and heading and all that follows 

17 through ‘‘has a functioning’’ in subpara18 graph (A) and inserting the following: 

19 ‘‘(3) ELIGIBILITY.—A State shall not be eligible 

20 to receive a grant under this subsection for a fiscal 

21 year unless the State— 

22 ‘‘(A) has certified to the Secretary that the 

23 State— 

24 ‘‘(i) has a functioning’’; 

25 (ii) in subparagraph (B)— 


pamtmann on DSKBC07HB2PROD with BILLS
351 

•S 2016 IS

1 (I) by adding ‘‘and’’ after the 

2 semicolon at the end; and 

3 (II) by redesignating the sub4 paragraph as clause (ii) of subpara5 graph (A) and indenting the clause 

6 appropriately; 

7 (iii) in subparagraph (C)— 

8 (I) by adding ‘‘and’’ after the 

9 semicolon at the end; and 

10 (II) by redesignating the sub11 paragraph as clause (iii) of subpara12 graph (A) and indenting the clause 

13 appropriately; 

14 (iv) by redesignating subparagraph 

15 (D) as subparagraph (B); 

16 (v) in clause (vi) of subparagraph (B) 

17 (as so redesignated), by striking ‘‘; and’’ 

18 and inserting a period; and 

19 (vi) by striking subparagraph (E); 

20 (C) by striking paragraph (4) and insert21 ing the following: 

22 ‘‘(4) USE OF GRANT AMOUNTS.—A State may 

23 use a grant received under this subsection to make 

24 data program improvements to core highway safety 

25 databases relating to quantifiable, measurable 


pamtmann on DSKBC07HB2PROD with BILLS
352 

•S 2016 IS

1 progress in any significant data program attribute 

2 described in paragraph (3)(B), including through— 

3 ‘‘(A) software or applications to identify, 

4 collect, and report data to State and local gov5 ernment agencies, and enter data into State 

6 core highway safety databases, including crash, 

7 citation or adjudication, driver, emergency med8 ical services or injury surveillance system, road9 way, and vehicle data; 

10 ‘‘(B) purchasing equipment to improve a 

11 process by which data are identified, collated, 

12 and reported to State and local government 

13 agencies, including technology for use by law 

14 enforcement for near-real time, electronic re15 porting of crash data; 

16 ‘‘(C) improving the compatibility and inter17 operability of the core highway safety databases 

18 of the State with national data systems and 

19 data systems of other States, including the Na20 tional EMS Information System; 

21 ‘‘(D) enhancing the ability of a State and 

22 the Secretary to observe and analyze local, 

23 State, and national trends in crash occurrences, 

24 rates, outcomes, and circumstances; 


pamtmann on DSKBC07HB2PROD with BILLS
353 

•S 2016 IS

1 ‘‘(E) supporting traffic records improve2 ment training and expenditures for law enforce3 ment, emergency medical, judicial, prosecu4 torial, and traffic records professionals; 

5 ‘‘(F) hiring traffic records professionals for 

6 the purpose of improving traffic information 

7 systems (including a State Fatal Accident Re8 porting System (FARS) liaison); 

9 ‘‘(G) adoption of the Model Minimum Uni10 form Crash Criteria, or providing to the public 

11 information regarding why any of those criteria 

12 will not be used, if applicable; 

13 ‘‘(H) supporting reporting criteria relating 

14 to emerging topics, including— 

15 ‘‘(i) impaired driving as a result of 

16 drug, alcohol, or polysubstance consump17 tion; and 

18 ‘‘(ii) advanced technologies present on 

19 motor vehicles; and 

20 ‘‘(I) conducting research relating to State 

21 traffic safety information systems, including de22 veloping programs to improve core highway 

23 safety databases and processes by which data 

24 are identified, collected, reported to State and 


pamtmann on DSKBC07HB2PROD with BILLS
354 

•S 2016 IS

1 local government agencies, and entered into 

2 State core safety databases.’’; and 

3 (D) by adding at the end the following: 

4 ‘‘(6) TECHNICAL ASSISTANCE.— 

5 ‘‘(A) IN GENERAL.—The Secretary shall 

6 provide technical assistance to States, regard7 less of whether a State receives a grant under 

8 this subsection, with respect to improving the 

9 timeliness, accuracy, completeness, uniformity, 

10 integration, and public accessibility of State 

11 safety data that are needed to identify priorities 

12 for Federal, State, and local highway and traf13 fic safety programs, including on adoption by a 

14 State of the Model Minimum Uniform Crash 

15 Criteria. 

16 ‘‘(B) FUNDS.—The Secretary may use not 

17 more than 3 percent of the amounts available 

18 under this subsection to carry out subparagraph 

19 (A).’’; 

20 (4) in subsection (d)— 

21 (A) in paragraph (4)— 

22 (i) in subparagraph (B)— 

23 (I) by striking clause (iii) and in24 serting the following: 


pamtmann on DSKBC07HB2PROD with BILLS
355 

•S 2016 IS

1 ‘‘(iii) court support of impaired driv2 ing prevention efforts, including— 

3 ‘‘(I) hiring criminal justice pro4 fessionals, including law enforcement 

5 officers, prosecutors, traffic safety re6 source prosecutors, judges, judicial 

7 outreach liaisons, and probation offi8 cers; 

9 ‘‘(II) training and education of 

10 those professionals to assist the pro11 fessionals in preventing impaired driv12 ing and handling impaired driving 

13 cases, including by providing com14 pensation to a law enforcement officer 

15 to carry out safety grant activities to 

16 replace a law enforcement officer who 

17 is receiving drug recognition expert 

18 training or participating as an in19 structor in that drug recognition ex20 pert training; and 

21 ‘‘(III) establishing driving while 

22 intoxicated courts;’’; 

23 (II) by striking clause (v) and in24 serting the following: 


pamtmann on DSKBC07HB2PROD with BILLS
356 

•S 2016 IS

1 ‘‘(v) improving blood alcohol and drug 

2 concentration screening and testing, detec3 tion of potentially impairing drugs (includ4 ing through the use of oral fluid as a speci5 men), and reporting relating to testing and 

6 detection;’’; 

7 (III) in clause (vi), by striking 

8 ‘‘conducting standardized field sobri9 ety training, advanced roadside im10 paired driving evaluation training, 

11 and’’ and inserting ‘‘conducting initial 

12 and continuing standardized field so13 briety training, advanced roadside im14 paired driving evaluation training, law 

15 enforcement phlebotomy training, 

16 and’’; 

17 (IV) in clause (ix), by striking 

18 ‘‘and’’ at the end; 

19 (V) in clause (x), by striking the 

20 period at the end and inserting ‘‘; 

21 and’’; and 

22 (VI) by adding at the end the fol23 lowing: 

24 ‘‘(xi) testing and implementing pro25 grams, and purchasing technologies, to 


pamtmann on DSKBC07HB2PROD with BILLS
357 

•S 2016 IS

1 better identify, monitor, or treat impaired 

2 drivers, including— 

3 ‘‘(I) oral fluid-screening tech4 nologies; 

5 ‘‘(II) electronic warrant pro6 grams; 

7 ‘‘(III) equipment to increase the 

8 scope, quantity, quality, and timeli9 ness of forensic toxicology chemical 

10 testing; 

11 ‘‘(IV) case management software 

12 to support the management of im13 paired driving offenders; and 

14 ‘‘(V) technology to monitor im15 paired-driving offenders, and equip16 ment and related expenditures used in 

17 connection with impaired-driving en18 forcement in accordance with criteria 

19 established by the National Highway 

20 Traffic Safety Administration.’’; and 

21 (ii) in subparagraph (C)— 

22 (I) in the second sentence, by 

23 striking ‘‘Medium-range’’ and insert24 ing the following: 


pamtmann on DSKBC07HB2PROD with BILLS
358 

•S 2016 IS

1 ‘‘(ii) MEDIUM-RANGE AND HIGH2 RANGE STATES.—Subject to clause (iii), 

3 medium-range’’; 

4 (II) in the first sentence, by 

5 striking ‘‘Low-range’’ and inserting 

6 the following: 

7 ‘‘(i) LOW-RANGE STATES.—Subject to 

8 clause (iii), low-range’’; and 

9 (III) by adding at the end the 

10 following: 

11 ‘‘(iii) REPORTING AND IMPAIRED

12 DRIVING MEASURES.—A State may use 

13 grant funds for any expenditure relating 

14 to— 

15 ‘‘(I) increasing the timely and ac16 curate reporting to Federal, State, 

17 and local databases of— 

18 ‘‘(aa) crash information, in19 cluding electronic crash reporting 

20 systems that allow accurate real21 or near-real-time uploading of 

22 crash information; and 

23 ‘‘(bb) impaired driving 

24 criminal justice information; or 


pamtmann on DSKBC07HB2PROD with BILLS
359 

•S 2016 IS

1 ‘‘(II) researching or evaluating 

2 impaired driving countermeasures.’’; 

3 (B) in paragraph (6)— 

4 (i) by striking subparagraph (A) and 

5 inserting the following: 

6 ‘‘(A) GRANTS TO STATES WITH ALCOHOL7 IGNITION INTERLOCK LAWS.—The Secretary 

8 shall make a separate grant under this sub9 section to each State that— 

10 ‘‘(i) adopts, and is enforcing, a man11 datory alcohol-ignition interlock law for all 

12 individuals convicted of driving under the 

13 influence of alcohol or of driving while in14 toxicated; 

15 ‘‘(ii) does not allow an individual con16 victed of driving under the influence of al17 cohol or of driving while intoxicated to re18 ceive any driving privilege or driver’s li19 cense unless the individual installs on each 

20 motor vehicle registered, owned, or leased 

21 for operation by the individual an ignition 

22 interlock for a period of not less than 180 

23 days; or 

24 ‘‘(iii) has in effect, and is enforcing— 


pamtmann on DSKBC07HB2PROD with BILLS
360 

•S 2016 IS

1 ‘‘(I) a State law requiring for 

2 any individual who is convicted of, or 

3 the driving privilege of whom is re4 voked or denied for, refusing to sub5 mit to a chemical or other appropriate 

6 test for the purpose of determining 

7 the presence or concentration of any 

8 intoxicating substance, a State law re9 quiring a period of not less than 180 

10 days of ignition interlock installation 

11 on each motor vehicle to be operated 

12 by the individual; and 

13 ‘‘(II) a compliance-based removal 

14 program, under which an individual 

15 convicted of driving under the influ16 ence of alcohol or of driving while in17 toxicated shall— 

18 ‘‘(aa) satisfy a period of not 

19 less than 180 days of ignition 

20 interlock installation on each 

21 motor vehicle to be operated by 

22 the individual; and 

23 ‘‘(bb) have completed a min24 imum consecutive period of not 

25 less than 40 percent of the reVerDate Sep 11 2014 21:39 Jun 14, 2021 Jkt 019200 PO 00000 Frm 00360 Fmt 6652 Sfmt 6201 E:\BILLS\S2016.IS S2016

pamtmann on DSKBC07HB2PROD with BILLS
361 

•S 2016 IS

1 quired period of ignition interlock 

2 installation immediately pre3 ceding the date of release of the 

4 individual, without a confirmed 

5 violation.’’; and 

6 (ii) in subparagraph (D), by striking 

7 ‘‘2009’’ and inserting ‘‘2022’’; and 

8 (C) in paragraph (7)(A), in the matter 

9 preceding clause (i), by inserting ‘‘or local’’ 

10 after ‘‘authorizes a State’’; 

11 (5) in subsection (e)— 

12 (A) by striking paragraphs (6) and (8); 

13 (B) by redesignating paragraphs (1), (2), 

14 (3), (4), (5), (7), and (9) as paragraphs (2), 

15 (4), (6), (7), (8), (9), and (1), respectively, and 

16 moving the paragraphs so as to appear in nu17 merical order; 

18 (C) in paragraph (1) (as so redesig19 nated)— 

20 (i) in the matter preceding subpara21 graph (A), by striking ‘‘, the following defi22 nitions apply’’; 

23 (ii) by striking subparagraph (B) and 

24 inserting the following: 


pamtmann on DSKBC07HB2PROD with BILLS
362 

•S 2016 IS

1 ‘‘(B) PERSONAL WIRELESS COMMUNICA2 TIONS DEVICE.— 

3 ‘‘(i) IN GENERAL.—The term ‘per4 sonal wireless communications device’ 

5 means— 

6 ‘‘(I) a device through which per7 sonal wireless services (as defined in 

8 section 332(c)(7)(C) of the Commu9 nications Act of 1934 (47 U.S.C. 

10 332(c)(7)(C))) are transmitted; and 

11 ‘‘(II) a mobile telephone or other 

12 portable electronic communication de13 vice with which a user engages in a 

14 call or writes, sends, or reads a text 

15 message using at least 1 hand. 

16 ‘‘(ii) EXCLUSION.—The term ‘per17 sonal wireless communications device’ does 

18 not include a global navigation satellite 

19 system receiver used for positioning, emer20 gency notification, or navigation pur21 poses.’’; and 

22 (iii) by striking subparagraph (E) and 

23 inserting the following: 

24 ‘‘(E) TEXT.—The term ‘text’ means— 


pamtmann on DSKBC07HB2PROD with BILLS
363 

•S 2016 IS

1 ‘‘(i) to read from, or manually to 

2 enter data into, a personal wireless com3 munications device, including for the pur4 pose of SMS texting, emailing, instant 

5 messaging, or any other form of electronic 

6 data retrieval or electronic data commu7 nication; and 

8 ‘‘(ii) manually to enter, send, or re9 trieve a text message to communicate with 

10 another individual or device. 

11 ‘‘(F) TEXT MESSAGE.— 

12 ‘‘(i) IN GENERAL.—The term ‘text 

13 message’ means— 

14 ‘‘(I) a text-based message; 

15 ‘‘(II) an instant message; 

16 ‘‘(III) an electronic message; and 

17 ‘‘(IV) email. 

18 ‘‘(ii) EXCLUSIONS.—The term ‘text 

19 message’ does not include— 

20 ‘‘(I) an emergency, traffic, or 

21 weather alert; or 

22 ‘‘(II) a message relating to the 

23 operation or navigation of a motor ve24 hicle.’’; 


pamtmann on DSKBC07HB2PROD with BILLS
364 

•S 2016 IS

1 (D) by striking paragraph (2) (as so redes2 ignated) and inserting the following: 

3 ‘‘(2) GRANT PROGRAM.—The Secretary shall 

4 provide a grant under this subsection to any State 

5 that includes distracted driving awareness as part of 

6 the driver’s license examination of the State. 

7 ‘‘(3) ALLOCATION.— 

8 ‘‘(A) IN GENERAL.—For each fiscal year, 

9 not less than 50 percent of the amounts made 

10 available to carry out this subsection shall be 

11 allocated to States, based on the proportion 

12 that— 

13 ‘‘(i) the apportionment of the State 

14 under section 402 for fiscal year 2009; 

15 bears to 

16 ‘‘(ii) the apportionment of all States 

17 under section 402 for that fiscal year. 

18 ‘‘(B) GRANTS FOR STATES WITH DIS19 TRACTED DRIVING LAWS.— 

20 ‘‘(i) IN GENERAL.—In addition to the 

21 allocations under subparagraph (A), for 

22 each fiscal year, not more than 50 percent 

23 of the amounts made available to carry out 

24 this subsection shall be allocated to States 

25 that enact and enforce a law that meets 


pamtmann on DSKBC07HB2PROD with BILLS
365 

•S 2016 IS

1 the requirements of paragraph (4), (5), or 

2 (6)— 

3 ‘‘(I) based on the proportion 

4 that— 

5 ‘‘(aa) the apportionment of 

6 the State under section 402 for 

7 fiscal year 2009; bears to 

8 ‘‘(bb) the apportionment of 

9 all States under section 402 for 

10 that fiscal year; and 

11 ‘‘(II) subject to clauses (ii), (iii), 

12 and (iv), as applicable. 

13 ‘‘(ii) PRIMARY LAWS.—Subject to 

14 clause (iv), in the case of a State that en15 acts and enforces a law that meets the re16 quirements of paragraph (4), (5), or (6) as 

17 a primary offense, the allocation to the 

18 State under this subparagraph shall be 

19 100 percent of the amount calculated to be 

20 allocated to the State under clause (i)(I). 

21 ‘‘(iii) SECONDARY LAWS.—Subject to 

22 clause (iv), in the case of a State that en23 acts and enforces a law that meets the re24 quirements of paragraph (4), (5), or (6) as 

25 a secondary enforcement action, the allocaVerDate Sep 11 2014 21:39 Jun 14, 2021 Jkt 019200 PO 00000 Frm 00365 Fmt 6652 Sfmt 6201 E:\BILLS\S2016.IS S2016

pamtmann on DSKBC07HB2PROD with BILLS
366 

•S 2016 IS

1 tion to the State under this subparagraph 

2 shall be an amount equal to 50 percent of 

3 the amount calculated to be allocated to 

4 the State under clause (i)(I). 

5 ‘‘(iv) TEXTING WHILE DRIVING.—Not6 withstanding clauses (ii) and (iii), the allo7 cation under this subparagraph to a State 

8 that enacts and enforces a law that pro9 hibits a driver from viewing a personal 

10 wireless communications device (except for 

11 purposes of navigation) shall be 25 percent 

12 of the amount calculated to be allocated to 

13 the State under clause (i)(I).’’; 

14 (E) in paragraph (4) (as so redesig15 nated)— 

16 (i) in the matter preceding subpara17 graph (A), by striking ‘‘set forth in this’’ 

18 and inserting ‘‘of this’’; 

19 (ii) by striking subparagraph (B); 

20 (iii) by redesignating subparagraphs 

21 (C) and (D) as subparagraphs (B) and 

22 (C), respectively; 

23 (iv) in subparagraph (B) (as so redes24 ignated), by striking ‘‘minimum’’; and 


pamtmann on DSKBC07HB2PROD with BILLS
367 

•S 2016 IS

1 (v) in subparagraph (C) (as so redes2 ignated), by striking ‘‘text through a per3 sonal wireless communication device’’ and 

4 inserting ‘‘use a personal wireless commu5 nications device for texting’’; 

6 (F) by inserting after paragraph (4) (as so 

7 redesignated) the following: 

8 ‘‘(5) PROHIBITION ON HANDHELD PHONE USE

9 WHILE DRIVING.—A State law meets the require10 ments of this paragraph if the law— 

11 ‘‘(A) prohibits a driver from holding a per12 sonal wireless communications device while driv13 ing; 

14 ‘‘(B) establishes a fine for a violation of 

15 that law; and 

16 ‘‘(C) does not provide for an exemption 

17 that specifically allows a driver to use a per18 sonal wireless communications device for 

19 texting while stopped in traffic.’’; 

20 (G) in paragraph (6) (as so redesig21 nated)— 

22 (i) in the matter preceding subpara23 graph (A), by striking ‘‘set forth in this’’ 

24 and inserting ‘‘of this’’; 


pamtmann on DSKBC07HB2PROD with BILLS
368 

•S 2016 IS

1 (ii) in subparagraph (A)(ii), by strik2 ing ‘‘set forth in subsection (g)(2)(B)’’; 

3 (iii) by striking subparagraphs (B) 

4 and (D); 

5 (iv) by redesignating subparagraph 

6 (C) as subparagraph (B); 

7 (v) in subparagraph (B) (as so redes8 ignated), by striking ‘‘minimum’’; and 

9 (vi) by adding at the end the fol10 lowing: 

11 ‘‘(C) does not provide for— 

12 ‘‘(i) an exemption that specifically al13 lows a driver to use a personal wireless 

14 communications device for texting while 

15 stopped in traffic; or 

16 ‘‘(ii) an exemption described in para17 graph (7)(E).’’; and 

18 (H) in paragraph (7) (as so redesig19 nated)— 

20 (i) in the matter preceding subpara21 graph (A), by striking ‘‘set forth in para22 graph (2) or (3)’’ and inserting ‘‘of para23 graph (4), (5), or (6)’’; 

24 (ii) by striking subparagraph (A) and 

25 inserting the following: 


pamtmann on DSKBC07HB2PROD with BILLS
369 

•S 2016 IS

1 ‘‘(A) a driver who uses a personal wireless 

2 communications device during an emergency to 

3 contact emergency services to prevent injury to 

4 persons or property;’’; 

5 (iii) in subparagraph (C), by striking 

6 ‘‘and’’ at the end; 

7 (iv) by redesignating subparagraph 

8 (D) as subparagraph (F); and 

9 (v) by inserting after subparagraph 

10 (C) the following: 

11 ‘‘(D) a driver who uses a personal wireless 

12 communications device for navigation; 

13 ‘‘(E) except for a law described in para14 graph (6), the use of a personal wireless com15 munications device— 

16 ‘‘(i) in a hands-free manner; 

17 ‘‘(ii) with a hands-free accessory; or 

18 ‘‘(iii) with the activation or deactiva19 tion of a feature or function of the per20 sonal wireless communications device with 

21 the motion of a single swipe or tap of the 

22 finger of the driver; and’’; 

23 (6) in subsection (f)(3)— 

24 (A) in subparagraph (A)(i), by striking 

25 ‘‘accident’’ and inserting ‘‘crash’’; 


pamtmann on DSKBC07HB2PROD with BILLS
370 

•S 2016 IS

1 (B) by redesignating subparagraphs (C) 

2 through (F) as subparagraphs (D) through (G), 

3 respectively; 

4 (C) by inserting after subparagraph (B) 

5 the following: 

6 ‘‘(C) HELMET LAW.—A State law requir7 ing the use of a helmet for each motorcycle 

8 rider under the age of 18.’’; and 

9 (D) in subparagraph (F) (as so redesig10 nated), in the subparagraph heading, by strik11 ing ‘‘ACCIDENTS’’ and inserting ‘‘CRASHES’’; 

12 (7) by striking subsection (g); 

13 (8) by redesignating subsection (h) as sub14 section (g); 

15 (9) in subsection (g) (as so redesignated)— 

16 (A) by redesignating paragraphs (1) 

17 through (5) as paragraphs (2) through (6), re18 spectively; 

19 (B) by inserting before paragraph (2) (as 

20 so redesignated) the following: 

21 ‘‘(1) DEFINITION OF NONMOTORIZED ROAD

22 USER.—In this subsection, the term ‘nonmotorized 

23 road user’ means— 

24 ‘‘(A) a pedestrian; 


pamtmann on DSKBC07HB2PROD with BILLS
371 

•S 2016 IS

1 ‘‘(B) an individual using a nonmotorized 

2 mode of transportation, including a bicycle, a 

3 scooter, or a personal conveyance; and 

4 ‘‘(C) an individual using a low-speed or 

5 low-horsepower motorized vehicle, including an 

6 electric bicycle, electric scooter, personal mobil7 ity assistance device, personal transporter, or 

8 all-terrain vehicle.’’; 

9 (C) in paragraph (2) (as so redesignated), 

10 by striking ‘‘pedestrian and bicycle fatalities 

11 and injuries that result from crashes involving 

12 a motor vehicle’’ and inserting ‘‘nonmotorized 

13 road user fatalities involving a motor vehicle in 

14 transit on a trafficway’’; 

15 (D) in paragraph (4) (as so redesignated), 

16 by striking ‘‘pedestrian and bicycle’’ and insert17 ing ‘‘nonmotorized road user’’; and 

18 (E) by striking paragraph (5) (as so redes19 ignated) and inserting the following: 

20 ‘‘(5) USE OF GRANT AMOUNTS.—Grant funds 

21 received by a State under this subsection may be 

22 used for the safety of nonmotorized road users, in23 cluding— 

24 ‘‘(A) training of law enforcement officials 

25 relating to nonmotorized road user safety, State 


pamtmann on DSKBC07HB2PROD with BILLS
372 

•S 2016 IS

1 laws applicable to nonmotorized road user safe2 ty, and infrastructure designed to improve non3 motorized road user safety; 

4 ‘‘(B) carrying out a program to support 

5 enforcement mobilizations and campaigns de6 signed to enforce State traffic laws applicable to 

7 nonmotorized road user safety; 

8 ‘‘(C) public education and awareness pro9 grams designed to inform motorists and non10 motorized road users regarding— 

11 ‘‘(i) nonmotorized road user safety, 

12 including information relating to non13 motorized mobility and the importance of 

14 speed management to the safety of non15 motorized road users; 

16 ‘‘(ii) the value of the use of non17 motorized road user safety equipment, in18 cluding lighting, conspicuity equipment, 

19 mirrors, helmets, and other protective 

20 equipment, and compliance with any State 

21 or local laws requiring the use of that 

22 equipment; 

23 ‘‘(iii) State traffic laws applicable to 

24 nonmotorized road user safety, including 


pamtmann on DSKBC07HB2PROD with BILLS
373 

•S 2016 IS

1 the responsibilities of motorists with re2 spect to nonmotorized road users; and 

3 ‘‘(iv) infrastructure designed to im4 prove nonmotorized road user safety; and 

5 ‘‘(D) the collection of data, and the estab6 lishment and maintenance of data systems, re7 lating to nonmotorized road user traffic fatali8 ties.’’; and 

9 (10) by adding at the end the following: 

10 ‘‘(h) PREVENTING ROADSIDE DEATHS.— 

11 ‘‘(1) IN GENERAL.—The Secretary shall provide 

12 grants to States to prevent death and injury from 

13 crashes involving motor vehicles striking other vehi14 cles and individuals stopped at the roadside. 

15 ‘‘(2) FEDERAL SHARE.—The Federal share of 

16 the cost of carrying out an activity funded through 

17 a grant under this subsection may not exceed 80 

18 percent. 

19 ‘‘(3) ELIGIBILITY.—A State shall receive a 

20 grant under this subsection in a fiscal year if the 

21 State submits to the Secretary a plan that describes 

22 the method by which the State will use grant funds 

23 in accordance with paragraph (4). 


pamtmann on DSKBC07HB2PROD with BILLS
374 

•S 2016 IS

1 ‘‘(4) USE OF FUNDS.—Amounts received by a 

2 State under this subsection shall be used by the 

3 State— 

4 ‘‘(A) to purchase and deploy digital alert 

5 technology that— 

6 ‘‘(i) is capable of receiving alerts re7 garding nearby first responders; and 

8 ‘‘(ii) in the case of a motor vehicle 

9 that is used for emergency response activi10 ties, is capable of sending alerts to civilian 

11 drivers to protect first responders on the 

12 scene and en route; 

13 ‘‘(B) to educate the public regarding the 

14 safety of vehicles and individuals stopped at the 

15 roadside in the State through public informa16 tion campaigns for the purpose of reducing 

17 roadside deaths and injury; 

18 ‘‘(C) for law enforcement costs relating to 

19 enforcing State laws to protect the safety of ve20 hicles and individuals stopped at the roadside; 

21 and 

22 ‘‘(D) for programs to identify, collect, and 

23 report to State and local government agencies 

24 data relating to crashes involving vehicles and 

25 individuals stopped at the roadside. 


pamtmann on DSKBC07HB2PROD with BILLS
375 

•S 2016 IS

1 ‘‘(5) GRANT AMOUNT.—The allocation of grant 

2 funds to a State under this subsection for a fiscal 

3 year shall be in proportion to the apportionment of 

4 that State under section 402 for fiscal year 2022. 

5 ‘‘(i) DRIVER AND OFFICER SAFETY EDUCATION.— 

6 ‘‘(1) DEFINITION OF PEACE OFFICER.—In this 

7 subsection, the term ‘peace officer’ includes any indi8 vidual— 

9 ‘‘(A) who is an elected, appointed, or em10 ployed agent of a government entity; 

11 ‘‘(B) who has the authority— 

12 ‘‘(i) to carry firearms; and 

13 ‘‘(ii) to make warrantless arrests; and 

14 ‘‘(C) whose duties involve the enforcement 

15 of criminal laws of the United States. 

16 ‘‘(2) GRANTS.—Subject to the requirements of 

17 this subsection, the Secretary shall provide grants 

18 to— 

19 ‘‘(A) States that enact or adopt a law or 

20 program described in paragraph (4); and 

21 ‘‘(B) qualifying States under paragraph 

22 (7). 

23 ‘‘(3) FEDERAL SHARE.—The Federal share of 

24 the cost of carrying out an activity funded through 


pamtmann on DSKBC07HB2PROD with BILLS
376 

•S 2016 IS

1 a grant under this subsection may not exceed 80 

2 percent. 

3 ‘‘(4) DESCRIPTION OF LAW OR PROGRAM.—A 

4 law or program referred to in paragraph (2)(A) is 

5 a law or program that requires 1 or more of the fol6 lowing: 

7 ‘‘(A) DRIVER EDUCATION AND DRIVING

8 SAFETY COURSES.—The inclusion, in driver 

9 education and driver safety courses provided to 

10 individuals by educational and motor vehicle 

11 agencies of the State, of instruction and testing 

12 relating to law enforcement practices during 

13 traffic stops, including information relating 

14 to— 

15 ‘‘(i) the role of law enforcement and 

16 the duties and responsibilities of peace offi17 cers; 

18 ‘‘(ii) the legal rights of individuals 

19 concerning interactions with peace officers; 

20 ‘‘(iii) best practices for civilians and 

21 peace officers during those interactions; 

22 ‘‘(iv) the consequences for failure of 

23 an individual or officer to comply with the 

24 law or program; and 


pamtmann on DSKBC07HB2PROD with BILLS
377 

•S 2016 IS

1 ‘‘(v) how and where to file a com2 plaint against, or a compliment relating to, 

3 a peace officer. 

4 ‘‘(B) PEACE OFFICER TRAINING PRO5 GRAMS.—Development and implementation of a 

6 training program, including instruction and 

7 testing materials, for peace officers and reserve 

8 law enforcement officers (other than officers 

9 who have received training in a civilian course 

10 described in subparagraph (A)) with respect to 

11 proper interaction with civilians during traffic 

12 stops. 

13 ‘‘(5) USE OF FUNDS.—A State may use a grant 

14 provided under this subsection for— 

15 ‘‘(A) the production of educational mate16 rials and training of staff for driver education 

17 and driving safety courses and peace officer 

18 training described in paragraph (4); and 

19 ‘‘(B) the implementation of a law or pro20 gram described in paragraph (4). 

21 ‘‘(6) GRANT AMOUNT.—The allocation of grant 

22 funds to a State under this subsection for a fiscal 

23 year shall be in proportion to the apportionment of 

24 that State under section 402 for fiscal year 2022. 

25 ‘‘(7) SPECIAL RULE FOR CERTAIN STATES.— 


pamtmann on DSKBC07HB2PROD with BILLS
378 

•S 2016 IS

1 ‘‘(A) DEFINITION OF QUALIFYING

2 STATE.—In this paragraph, the term ‘qualifying 

3 State’ means a State that— 

4 ‘‘(i) has received a grant under this 

5 subsection for a period of not more than 5 

6 years; and 

7 ‘‘(ii) as determined by the Secretary— 

8 ‘‘(I) has not fully enacted or 

9 adopted a law or program described in 

10 paragraph (4); but 

11 ‘‘(II)(aa) has taken meaningful 

12 steps toward the full implementation 

13 of such a law or program; and 

14 ‘‘(bb) has established a timetable 

15 for the implementation of such a law 

16 or program. 

17 ‘‘(B) WITHHOLDING.—The Secretary 

18 shall— 

19 ‘‘(i) withhold 50 percent of the 

20 amount that each qualifying State would 

21 otherwise receive under this subsection if 

22 the qualifying State were a State described 

23 in paragraph (2)(A); and 

24 ‘‘(ii) direct any amounts withheld 

25 under clause (i) for distribution among the 


pamtmann on DSKBC07HB2PROD with BILLS
379 

•S 2016 IS

1 States that are enforcing and carrying out 

2 a law or program described in paragraph 

3 (4).’’. 

4 (b) TECHNICAL AMENDMENT.—Section 4010(2) of 

5 the FAST Act (23 U.S.C. 405 note; Public Law 114–94) 

6 is amended by inserting ‘‘all’’ before ‘‘deficiencies’’. 

7 SEC. 4106. MULTIPLE SUBSTANCE-IMPAIRED DRIVING PRE8 VENTION. 

9 (a) IMPAIRED DRIVING COUNTERMEASURES.—Sec10 tion 154(c)(1) of title 23, United States Code, is amended 

11 by striking ‘‘alcohol-impaired’’ each place it appears and 

12 inserting ‘‘impaired’’. 

13 (b) COMPTROLLER GENERAL STUDY OF NATIONAL

14 DUI REPORTING.— 

15 (1) IN GENERAL.—The Comptroller General of 

16 the United States shall conduct a study of the re17 porting of impaired driving arrest and citation data 

18 into Federal databases and the interstate sharing of 

19 information relating to impaired driving-related con20 victions and license suspensions to facilitate the 

21 widespread identification of repeat impaired driving 

22 offenders. 

23 (2) INCLUSIONS.—The study conducted under 

24 paragraph (1) shall include a detailed assessment 

25 of— 


pamtmann on DSKBC07HB2PROD with BILLS
380 

•S 2016 IS

1 (A) the extent to which State and local 

2 criminal justice agencies are reporting impaired 

3 driving arrest and citation data to Federal 

4 databases; 

5 (B) barriers— 

6 (i) at the Federal, State, and local 

7 levels, to the reporting of impaired driving 

8 arrest and citation data to Federal data9 bases; and 

10 (ii) to the use of those databases by 

11 criminal justice agencies; 

12 (C) Federal, State, and local resources 

13 available to improve the reporting and sharing 

14 of impaired driving data; and 

15 (D) any options or recommendations for 

16 actions that Federal agencies or Congress could 

17 take to further improve the reporting and shar18 ing of impaired driving data. 

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

20 date of enactment of this Act, the Comptroller Gen21 eral shall submit to the appropriate committees of 

22 Congress a report describing the results of the study 

23 conducted under this subsection. 


pamtmann on DSKBC07HB2PROD with BILLS
381 

•S 2016 IS

1 SEC. 4107. MINIMUM PENALTIES FOR REPEAT OFFENDERS 

2 FOR DRIVING WHILE INTOXICATED OR DRIV3 ING UNDER THE INFLUENCE. 

4 Section 164(b)(1) of title 23, United States Code, is 

5 amended— 

6 (1) in subparagraph (A), by striking ‘‘alcohol7 impaired’’ and inserting ‘‘alcohol- or multiple sub8 stance-impaired’’; and 

9 (2) in subparagraph (B)— 

10 (A) by striking ‘‘intoxicated or driving’’ 

11 and inserting ‘‘intoxicated, driving while mul12 tiple substance-impaired, or driving’’; and 

13 (B) by striking ‘‘alcohol-impaired’’ and in14 serting ‘‘alcohol- or multiple substance-im15 paired’’. 

16 SEC. 4108. CRASH DATA. 

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

18 date of enactment of this Act, the Secretary shall revise 

19 the crash data collection system to include the collection 

20 of crash report data elements that distinguish individual 

21 personal conveyance vehicles, such as electric scooters and 

22 bicycles, from other vehicles involved in a crash. 

23 (b) COORDINATION.—In carrying out subsection (a), 

24 the Secretary may coordinate with States to update the 

25 Model Minimum Uniform Crash Criteria to provide guidVerDate Sep 11 2014 21:39 Jun 14, 2021 Jkt 019200 PO 00000 Frm 00381 Fmt 6652 Sfmt 6201 E:\BILLS\S2016.IS S2016

pamtmann on DSKBC07HB2PROD with BILLS
382 

•S 2016 IS

1 ance to States regarding the collection of information and 

2 data elements for the crash data collection system. 

3 (c) VULNERABLE ROAD USERS.— 

4 (1) UPDATE.—Based on the information con5 tained in the vulnerable road user safety assess6 ments required by subsection (f) of section 32302 of 

7 title 49, United States Code (as added by section 

8 4213(b)(2)), the Secretary shall modify existing 

9 crash data collection systems to include the collec10 tion of additional crash report data elements relating 

11 to vulnerable road user safety. 

12 (2) INJURY HEALTH DATA.—The Secretary 

13 shall coordinate with the Director of the Centers for 

14 Disease Control and Prevention to develop and im15 plement a plan for States to combine highway crash 

16 data and injury health data to produce a national 

17 database of pedestrian injuries and fatalities, 

18 disaggregated by demographic characteristics. 

19 (d) STATE ELECTRONIC DATA COLLECTION.— 

20 (1) DEFINITIONS.—In this subsection: 

21 (A) ELECTRONIC DATA TRANSFER.—The 

22 term ‘‘electronic data transfer’’ means a pro23 tocol for automated electronic transfer of State 

24 crash data to the National Highway Traffic 

25 Safety Administration. 


pamtmann on DSKBC07HB2PROD with BILLS
383 

•S 2016 IS

1 (B) STATE.—The term ‘‘State’’ means— 

2 (i) each of the 50 States; 

3 (ii) the District of Columbia; 

4 (iii) the Commonwealth of Puerto 

5 Rico; 

6 (iv) the United States Virgin Islands; 

7 (v) Guam; 

8 (vi) American Samoa; 

9 (vii) the Commonwealth of the North10 ern Mariana Islands; and 

11 (viii) the Secretary of the Interior, 

12 acting on behalf of an Indian Tribe. 

13 (2) ESTABLISHMENT OF PROGRAM.—The Sec14 retary shall establish a program under which the 

15 Secretary shall— 

16 (A) provide grants for the modernization 

17 of State data collection systems to enable full 

18 electronic data transfer under paragraph (3); 

19 and 

20 (B) upgrade the National Highway Traffic 

21 Safety Administration system to manage and 

22 support State electronic data transfers relating 

23 to crashes under paragraph (4). 

24 (3) STATE GRANTS.— 


pamtmann on DSKBC07HB2PROD with BILLS
384 

•S 2016 IS

1 (A) IN GENERAL.—The Secretary shall 

2 provide grants to States to upgrade and stand3 ardize State crash data systems to enable elec4 tronic data collection, intrastate data sharing, 

5 and electronic data transfers to the National 

6 Highway Traffic Safety Administration to in7 crease the accuracy, timeliness, and accessibility 

8 of the data, including data relating to fatalities 

9 involving vulnerable road users. 

10 (B) ELIGIBILITY.—A State shall be eligible 

11 to receive a grant under this paragraph if the 

12 State submits to the Secretary an application, 

13 at such time, in such manner, and containing 

14 such information as the Secretary may require, 

15 that includes a plan to implement full electronic 

16 data transfer to the National Highway Traffic 

17 Safety Administration by not later than 5 years 

18 after the date on which the grant is provided. 

19 (C) USE OF FUNDS.—A grant provided 

20 under this paragraph may be used for the costs 

21 of— 

22 (i) equipment to upgrade a statewide 

23 crash data repository; 

24 (ii) adoption of electronic crash re25 porting by law enforcement agencies; and 


pamtmann on DSKBC07HB2PROD with BILLS
385 

•S 2016 IS

1 (iii) increasing alignment of State 

2 crash data with the latest Model Minimum 

3 Uniform Crash Criteria. 

4 (D) FEDERAL SHARE.—The Federal share 

5 of the cost of a project funded with a grant 

6 under this paragraph may be up to 80 percent. 

7 (4) NATIONAL HIGHWAY TRAFFIC SAFETY AD8 MINISTRATION SYSTEM UPGRADE.—The Secretary 

9 shall manage and support State electronic data 

10 transfers relating to vehicle crashes by— 

11 (A) increasing the capacity of the National 

12 Highway Traffic Safety Administration system; 

13 and 

14 (B) making State crash data accessible to 

15 the public. 

16 (e) CRASH INVESTIGATION SAMPLING SYSTEM.—The 

17 Secretary may use funds made available to carry out this 

18 section to enhance the collection of crash data by upgrad19 ing the Crash Investigation Sampling System to include— 

20 (1) additional program sites; 

21 (2) an expanded scope that includes all crash 

22 types; and 

23 (3) on-scene investigation protocols. 

24 (f) AUTHORIZATION OF APPROPRIATIONS.—There is 

25 authorized to be appropriated to the Secretary to carry 


pamtmann on DSKBC07HB2PROD with BILLS
386 

•S 2016 IS

1 out this section $150,000,000 for each of fiscal years 2022 

2 through 2026, to remain available for a period of 3 fiscal 

3 years following the fiscal year for which the amounts are 

4 appropriated. 

5 SEC. 4109. REVIEW OF MOVE OVER OR SLOW DOWN LAW 

6 PUBLIC AWARENESS. 

7 (a) DEFINITION OF MOVE OVER OR SLOW DOWN

8 LAW.—In this section, the term ‘‘Move Over or Slow 

9 Down Law’’ means any Federal or State law intended to 

10 ensure first responder and motorist safety by requiring 

11 motorists to change lanes or slow down when approaching 

12 an authorized emergency vehicle that is stopped or parked 

13 on or next to a roadway with emergency lights activated. 

14 (b) STUDY.— 

15 (1) IN GENERAL.—The Comptroller General of 

16 the United States shall carry out a study of the effi17 cacy of Move Over or Slow Down Laws and related 

18 public awareness campaigns. 

19 (2) INCLUSIONS.—The study under paragraph 

20 (1) shall include— 

21 (A) a review of each Federal and State 

22 Move Over or Slow Down Law, including— 

23 (i) penalties associated with the Move 

24 Over or Slow Down Laws; and 


pamtmann on DSKBC07HB2PROD with BILLS
387 

•S 2016 IS

1 (ii) the level of enforcement of Move 

2 Over or Slow Down Laws; 

3 (B) an identification and description of 

4 each Federal and State public awareness cam5 paign relating to Move Over or Slow Down 

6 Laws; and 

7 (C) a description of the role of the Depart8 ment in supporting State efforts with respect to 

9 Move Over or Slow Down Laws, such as con10 ducting research, collecting data, or supporting 

11 public awareness or education efforts. 

12 (c) REPORT.—On completion of the study under sub13 section (b), the Comptroller General shall submit to the 

14 Committee on Commerce, Science, and Transportation of 

15 the Senate and the Committee on Transportation and In16 frastructure of the House of Representatives a report that 

17 describes— 

18 (1) the findings of the study; and 

19 (2) any recommendations to improve public 

20 awareness campaigns, research, or education efforts 

21 relating to the issues described in subsection (b)(2). 

22 SEC. 4110. REVIEW OF LAWS, SAFETY MEASURES, AND 

23 TECHNOLOGIES RELATING TO SCHOOL 

24 BUSES. 

25 (a) REVIEW OF ILLEGAL PASSING LAWS.— 


pamtmann on DSKBC07HB2PROD with BILLS
388 

•S 2016 IS

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

2 the date of enactment of this Act, the Secretary 

3 shall prepare a report that— 

4 (A) identifies and describes all illegal pass5 ing laws in each State relating to school buses, 

6 including— 

7 (i) the level of enforcement of those 

8 laws; 

9 (ii) the penalties associated with those 

10 laws; 

11 (iii) any issues relating to the enforce12 ment of those laws; and 

13 (iv) the effectiveness of those laws; 

14 (B) reviews existing State laws that may 

15 inhibit the effectiveness of safety counter16 measures in school bus loading zones, such as— 

17 (i) laws that require the face of a 

18 driver to be visible in an image captured 

19 by a camera if enforcement action is to be 

20 taken based on that image; 

21 (ii) laws that may reduce stop-arm 

22 camera effectiveness; 

23 (iii) the need for a law enforcement 

24 officer to witness an event for enforcement 

25 action to be taken; and 


pamtmann on DSKBC07HB2PROD with BILLS
389 

•S 2016 IS

1 (iv) the lack of primary enforcement 

2 for texting and driving offenses; 

3 (C) identifies the methods used by each 

4 State to review, document, and report to law 

5 enforcement school bus stop-arm violations; and 

6 (D) identifies best practices relating to the 

7 most effective approaches to address the illegal 

8 passing of school buses. 

9 (2) PUBLICATION.—The report under para10 graph (1) shall be made publicly available on the 

11 website of the Department. 

12 (b) PUBLIC SAFETY MESSAGING CAMPAIGN.— 

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

14 the date of enactment of this Act, the Secretary 

15 shall establish and implement a public safety mes16 saging campaign that uses public safety media mes17 sages, posters, digital media messages, and other 

18 media messages distributed to States, State depart19 ments of motor vehicles, schools, and other public 

20 outlets— 

21 (A) to highlight the importance of address22 ing the illegal passing of school buses; and 

23 (B) to educate students and the public re24 garding the safe loading and unloading of 

25 schools buses. 


pamtmann on DSKBC07HB2PROD with BILLS
390 

•S 2016 IS

1 (2) CONSULTATION.—In carrying out para2 graph (1), the Secretary shall consult with— 

3 (A) representatives of the school bus indus4 try from the public and private sectors; and 

5 (B) States. 

6 (3) UPDATES.—The Secretary shall periodically 

7 update the materials used in the campaign under 

8 paragraph (1). 

9 (c) REVIEW OF TECHNOLOGIES.— 

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

11 the date of enactment of this Act, the Secretary 

12 shall review and evaluate the effectiveness of various 

13 technologies for enhancing school bus safety, includ14 ing technologies such as— 

15 (A) cameras; 

16 (B) audible warning systems; and 

17 (C) enhanced lighting. 

18 (2) INCLUSIONS.—The review under paragraph 

19 (1)— 

20 (A) shall include— 

21 (i) an assessment of— 

22 (I) the costs of acquiring and op23 erating new equipment; 


pamtmann on DSKBC07HB2PROD with BILLS
391 

•S 2016 IS

1 (II) the potential impact of that 

2 equipment on overall school bus rider3 ship; and 

4 (III) motion-activated detection 

5 systems capable of— 

6 (aa) detecting pedestrians, 

7 cyclists, and other road users lo8 cated near the exterior of the 

9 school bus; and 

10 (bb) alerting the operator of 

11 the school bus of those road 

12 users; 

13 (ii) an assessment of the impact of 

14 advanced technologies designed to improve 

15 loading zone safety; and 

16 (iii) an assessment of the effectiveness 

17 of school bus lighting systems at clearly 

18 communicating to surrounding drivers the 

19 appropriate actions those drivers should 

20 take; and 

21 (B) may include— 

22 (i) an evaluation of any technological 

23 solutions that may enhance school bus 

24 safety outside the school bus loading zone; 

25 and 


pamtmann on DSKBC07HB2PROD with BILLS
392 

•S 2016 IS

1 (ii) a pilot program to test any tech2 nologies in school bus service. 

3 (3) CONSULTATION.—In carrying out the re4 view under paragraph (1), the Secretary shall con5 sult with— 

6 (A) manufacturers of school buses; 

7 (B) manufacturers of various technologies 

8 that may enhance school bus safety; and 

9 (C) representatives of the school bus indus10 try from the public and private sectors. 

11 (4) PUBLICATION.—The Secretary shall make 

12 the findings of the review under paragraph (1) pub13 licly available on the website of the Department. 

14 (d) REVIEW OF DRIVER EDUCATION MATERIALS.— 

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

16 the date of enactment of this Act, the Secretary 

17 shall— 

18 (A) review driver manuals, handbooks, and 

19 other materials in all States to determine 

20 whether and the means by which illegal passing 

21 of school buses is addressed in those driver ma22 terials, including in— 

23 (i) testing for noncommercial driver’s 

24 licenses; and 

25 (ii) road tests; and 


pamtmann on DSKBC07HB2PROD with BILLS
393 

•S 2016 IS

1 (B) make recommendations on methods by 

2 which States can improve education regarding 

3 the illegal passing of school buses, particularly 

4 for new drivers. 

5 (2) CONSULTATION.—In carrying out para6 graph (1), the Secretary shall consult with— 

7 (A) representatives of the school bus indus8 try from the public and private sectors; 

9 (B) States; 

10 (C) State motor vehicle administrators or 

11 senior State executives responsible for driver li12 censing; and 

13 (D) other appropriate motor vehicle ex14 perts. 

15 (3) PUBLICATION.—The Secretary shall make 

16 the findings of the review under paragraph (1) pub17 licly available on the website of the Department. 

18 (e) REVIEW OF OTHER SAFETY ISSUES.— 

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

20 the date of enactment of this Act, the Secretary 

21 shall research and prepare a report describing any 

22 relationship between the illegal passing of school 

23 buses and other safety issues, including issues such 

24 as— 

25 (A) distracted driving; 


pamtmann on DSKBC07HB2PROD with BILLS
394 

•S 2016 IS

1 (B) poor visibility, such as morning dark2 ness; 

3 (C) illumination and reach of vehicle head4 lights; 

5 (D) speed limits; and 

6 (E) characteristics associated with school 

7 bus stops, including the characteristics of school 

8 bus stops in rural areas. 

9 (2) PUBLICATION.—The Secretary shall make 

10 the report under paragraph (1) publicly available on 

11 the website of the Department. 

12 SEC. 4111. MOTORCYCLIST ADVISORY COUNCIL. 

13 (a) IN GENERAL.—Subchapter III of chapter 3 of 

14 title 49, United States Code, is amended by adding at the 

15 end the following: 

16 ‘‘§ 355. Motorcyclist Advisory Council 

17 ‘‘(a) ESTABLISHMENT.—Not later than 90 days after 

18 the date of enactment of this section, the Secretary of 

19 Transportation (referred to in this section as the ‘Sec20 retary’) shall establish a council, to be known as the ‘Mo21 torcyclist Advisory Council’ (referred to in this section as 

22 the ‘Council’). 

23 ‘‘(b) MEMBERSHIP.— 


pamtmann on DSKBC07HB2PROD with BILLS
395 

•S 2016 IS

1 ‘‘(1) IN GENERAL.—The Council shall be com2 prised of 12 members, to be appointed by the Sec3 retary, of whom— 

4 ‘‘(A) 5 shall be representatives of units of 

5 State or local government with expertise relat6 ing to highway engineering and safety issues, 

7 including— 

8 ‘‘(i) motorcycle and motorcyclist safe9 ty; 

10 ‘‘(ii) barrier and road design, con11 struction, and maintenance; or 

12 ‘‘(iii) intelligent transportation sys13 tems; 

14 ‘‘(B) 1 shall be a motorcyclist who serves 

15 as a State or local— 

16 ‘‘(i) traffic and safety engineer; 

17 ‘‘(ii) design engineer; or 

18 ‘‘(iii) other transportation department 

19 official; 

20 ‘‘(C) 1 shall be a representative of a na21 tional association of State transportation offi22 cials; 

23 ‘‘(D) 1 shall be a representative of a na24 tional motorcyclist association; 


pamtmann on DSKBC07HB2PROD with BILLS
396 

•S 2016 IS

1 ‘‘(E) 1 shall be a representative of a na2 tional motorcyclist foundation; 

3 ‘‘(F) 1 shall be a representative of a na4 tional motorcycle manufacturing association; 

5 ‘‘(G) 1 shall be a roadway safety data ex6 pert with expertise relating to crash testing and 

7 analysis; and 

8 ‘‘(H) 1 shall be a member of a national 

9 safety organization that represents the traffic 

10 safety systems industry. 

11 ‘‘(2) TERM.— 

12 ‘‘(A) IN GENERAL.—Subject to subpara13 graphs (B) and (C), each member shall serve on 

14 the Council for a single term of 2 years. 

15 ‘‘(B) ADDITIONAL TERM.—If a successor 

16 is not appointed for a member of the Council 

17 before the expiration of the term of service of 

18 the member, the member may serve on the 

19 Council for a second term of not longer than 2 

20 years. 

21 ‘‘(C) APPOINTMENT OF REPLACEMENTS.— 

22 If a member of the Council resigns before the 

23 expiration of the 2-year term of service of the 

24 member— 


pamtmann on DSKBC07HB2PROD with BILLS
397 

•S 2016 IS

1 ‘‘(i) the Secretary may appoint a re2 placement for the member, who shall serve 

3 the remaining portion of the term; and 

4 ‘‘(ii) the resigning member may con5 tinue to serve after resignation until the 

6 date on which a successor is appointed. 

7 ‘‘(3) VACANCIES.—A vacancy on the Council 

8 shall be filled in the manner in which the original 

9 appointment was made. 

10 ‘‘(4) COMPENSATION.—A member of the Coun11 cil shall serve without compensation. 

12 ‘‘(c) DUTIES.— 

13 ‘‘(1) ADVISING.—The Council shall advise the 

14 Secretary, the Administrator of the National High15 way Traffic Safety Administration, and the Adminis16 trator of the Federal Highway Administration re17 garding transportation safety issues of concern to 

18 motorcyclists, including— 

19 ‘‘(A) motorcycle and motorcyclist safety; 

20 ‘‘(B) barrier and road design, construction, 

21 and maintenance practices; and 

22 ‘‘(C) the architecture and implementation 

23 of intelligent transportation system tech24 nologies. 


pamtmann on DSKBC07HB2PROD with BILLS
398 

•S 2016 IS

1 ‘‘(2) BIENNIAL REPORT.—Not later than Octo2 ber 31 of the calendar year following the calendar 

3 year in which the Council is established, and not less 

4 frequently than once every 2 years thereafter, the 

5 Council shall submit to the Secretary a report con6 taining recommendations of the Council regarding 

7 the issues described in paragraph (1). 

8 ‘‘(d) DUTIES OF SECRETARY.— 

9 ‘‘(1) COUNCIL RECOMMENDATIONS.— 

10 ‘‘(A) IN GENERAL.—The Secretary shall 

11 determine whether to accept or reject a rec12 ommendation contained in a report of the 

13 Council under subsection (c)(2). 

14 ‘‘(B) INCLUSION IN REVIEW.— 

15 ‘‘(i) IN GENERAL.—The Secretary 

16 shall indicate in each review under para17 graph (2) whether the Secretary accepts or 

18 rejects each recommendation of the Coun19 cil covered by the review. 

20 ‘‘(ii) EXCEPTION.—The Secretary 

21 may indicate in a review under paragraph 

22 (2) that a recommendation of the Council 

23 is under consideration, subject to the con24 dition that a recommendation so under 

25 consideration shall be accepted or rejected 


pamtmann on DSKBC07HB2PROD with BILLS
399 

•S 2016 IS

1 by the Secretary in the subsequent review 

2 of the Secretary under paragraph (2). 

3 ‘‘(2) REVIEW.— 

4 ‘‘(A) IN GENERAL.—Not later than 60 

5 days after the date on which the Secretary re6 ceives a report from the Council under sub7 section (c)(2), the Secretary shall submit a re8 view describing the response of the Secretary to 

9 the recommendations of the Council contained 

10 in the Council report to— 

11 ‘‘(i) the Committee on Commerce, 

12 Science, and Transportation of the Senate; 

13 ‘‘(ii) the Committee on Environment 

14 and Public Works of the Senate; 

15 ‘‘(iii) the Subcommittee on Transpor16 tation, Housing and Urban Development, 

17 and Related Agencies of the Committee on 

18 Appropriations of the Senate; 

19 ‘‘(iv) the Committee on Transpor20 tation and Infrastructure of the House of 

21 Representatives; and 

22 ‘‘(v) the Subcommittee on Transpor23 tation, Housing and Urban Development, 

24 and Related Agencies of the Committee on 


pamtmann on DSKBC07HB2PROD with BILLS
400 

•S 2016 IS

1 Appropriations of the House of Represent2 atives. 

3 ‘‘(B) CONTENTS.—A review of the Sec4 retary under this paragraph shall include a de5 scription of— 

6 ‘‘(i) each recommendation contained 

7 in the Council report covered by the re8 view; and 

9 ‘‘(ii)(I) each recommendation of the 

10 Council that was categorized under para11 graph (1)(B)(ii) as being under consider12 ation by the Secretary in the preceding re13 view submitted under this paragraph; and 

14 ‘‘(II) for each such recommendation, 

15 whether the recommendation— 

16 ‘‘(aa) is accepted or rejected by 

17 the Secretary; or 

18 ‘‘(bb) remains under consider19 ation by the Secretary. 

20 ‘‘(3) ADMINISTRATIVE AND TECHNICAL SUP21 PORT.—The Secretary shall provide to the Council 

22 such administrative support, staff, and technical as23 sistance as the Secretary determines to be necessary 

24 to carry out the duties of the Council under this sec25 tion. 


pamtmann on DSKBC07HB2PROD with BILLS
401 

•S 2016 IS

1 ‘‘(e) TERMINATION.—The Council shall terminate on 

2 the date that is 6 years after the date on which the Council 

3 is established under subsection (a).’’. 

4 (b) CLERICAL AMENDMENT.—The analysis for sub5 chapter III of chapter 3 of title 49, United States Code, 

6 is amended by inserting after the item relating to section 

7 354 the following: 

‘‘355. Motorcyclist Advisory Council.’’. 

8 (c) CONFORMING AMENDMENTS.— 

9 (1) Section 1426 of the FAST Act (23 U.S.C. 

10 101 note; Public Law 114–94) is repealed. 

11 (2) The table of contents for the FAST Act 

12 (Public Law 114–94; 129 Stat. 1313) is amended by 

13 striking the item relating to section 1426. 

14 SEC. 4112. SAFE STREETS AND ROADS FOR ALL GRANT 

15 PROGRAM. 

16 (a) DEFINITIONS.—In this section: 

17 (1) COMPREHENSIVE SAFETY ACTION PLAN.— 

18 The term ‘‘comprehensive safety action plan’’ means 

19 a plan aimed at preventing transportation-related fa20 talities and serious injuries in a locality, commonly 

21 referred to as a ‘‘Vision Zero’’ or ‘‘Toward Zero 

22 Deaths’’ plan, that may include— 

23 (A) a goal and timeline for eliminating fa24 talities and serious injuries; 


pamtmann on DSKBC07HB2PROD with BILLS
402 

•S 2016 IS

1 (B) an analysis of the location and severity 

2 of vehicle-involved crashes in a locality; 

3 (C) an analysis of community input, gath4 ered through public outreach and education; 

5 (D) a data-driven approach to identify 

6 projects or strategies to prevent fatalities and 

7 serious injuries in a locality, such as those in8 volving— 

9 (i) education and community out10 reach; 

11 (ii) effective methods to enforce traffic 

12 laws and regulations; 

13 (iii) new vehicle or other transpor14 tation-related technologies; and 

15 (iv) roadway planning and design; and 

16 (E) mechanisms for evaluating the out17 comes and effectiveness of the comprehensive 

18 safety action plan, including the means by 

19 which that effectiveness will be reported to resi20 dents in a locality. 

21 (2) ELIGIBLE ENTITY.—The term ‘‘eligible enti22 ty’’ means— 

23 (A) a metropolitan planning organization; 

24 (B) a political subdivision of a State; 


pamtmann on DSKBC07HB2PROD with BILLS
403 

•S 2016 IS

1 (C) a federally recognized Tribal govern2 ment; and 

3 (D) a multijurisdictional group of entities 

4 described in any of subparagraphs (A) through 

5 (C). 

6 (3) ELIGIBLE PROJECT.—The term ‘‘eligible 

7 project’’ means a project— 

8 (A) to develop a comprehensive safety ac9 tion plan; 

10 (B) to conduct planning, design, and devel11 opment activities for projects and strategies 

12 identified in a comprehensive safety action plan; 

13 or 

14 (C) to carry out projects and strategies 

15 identified in a comprehensive safety action plan. 

16 (4) PROGRAM.—The term ‘‘program’’ means 

17 the Safe Streets and Roads for All program estab18 lished under subsection (b). 

19 (b) ESTABLISHMENT.—The Secretary shall establish 

20 and carry out a program, to be known as the Safe Streets 

21 and Roads for All program, that supports local initiatives 

22 to prevent death and serious injury on roads and streets, 

23 commonly referred to as ‘‘Vision Zero’’ or ‘‘Toward Zero 

24 Deaths’’ initiatives. 

25 (c) GRANTS.— 


pamtmann on DSKBC07HB2PROD with BILLS
404 

•S 2016 IS

1 (1) IN GENERAL.—In carrying out the program, 

2 the Secretary may make grants to eligible entities, 

3 on a competitive basis, in accordance with this sec4 tion. 

5 (2) LIMITATIONS.— 

6 (A) IN GENERAL.—Not more than 15 per7 cent of the funds made available to carry out 

8 the program for a fiscal year may be awarded 

9 to eligible projects in a single State during that 

10 fiscal year. 

11 (B) PLANNING GRANTS.—Of the total 

12 amount made available to carry out the pro13 gram for each fiscal year, not less than 40 per14 cent shall be awarded to eligible projects de15 scribed in subsection (a)(3)(A). 

16 (d) SELECTION OF ELIGIBLE PROJECTS.— 

17 (1) SOLICITATION.—Not later than 180 days 

18 after the date on which amounts are made available 

19 to provide grants under the program for a fiscal 

20 year, the Secretary shall solicit from eligible entities 

21 grant applications for eligible projects in accordance 

22 with this section. 

23 (2) APPLICATIONS.— 

24 (A) IN GENERAL.—To be eligible to receive 

25 a grant under the program, an eligible entity 


pamtmann on DSKBC07HB2PROD with BILLS
405 

•S 2016 IS

1 shall submit to the Secretary an application in 

2 such form and containing such information as 

3 the Secretary considers to be appropriate. 

4 (B) REQUIREMENT.—An application for a 

5 grant under this paragraph shall include mech6 anisms for evaluating the success of applicable 

7 eligible projects and strategies. 

8 (3) CONSIDERATIONS.—In awarding a grant 

9 under the program, the Secretary shall take into 

10 consideration the extent to which an eligible entity, 

11 and each eligible project proposed to be carried out 

12 by the eligible entity, as applicable— 

13 (A) is likely to significantly reduce or 

14 eliminate transportation-related fatalities and 

15 serious injuries involving various road users, in16 cluding pedestrians, bicyclists, public transpor17 tation users, motorists, and commercial opera18 tors, within the timeframe proposed by the eli19 gible entity; 

20 (B) demonstrates engagement with a vari21 ety of public and private stakeholders; 

22 (C) seeks to adopt innovative technologies 

23 or strategies to promote safety; 


pamtmann on DSKBC07HB2PROD with BILLS
406 

•S 2016 IS

1 (D) employs low-cost, high-impact strate2 gies that can improve safety over a wider geo3 graphical area; 

4 (E) ensures, or will ensure, equitable in5 vestment in the safety needs of underserved 

6 communities in preventing transportation-re7 lated fatalities and injuries; 

8 (F) includes evidence-based projects or 

9 strategies; and 

10 (G) achieves such other conditions as the 

11 Secretary considers to be necessary. 

12 (4) TRANSPARENCY.— 

13 (A) IN GENERAL.—The Secretary shall 

14 evaluate, through a methodology that is discern15 ible and transparent to the public, the means 

16 by, and extent to, which each application under 

17 the program addresses any applicable merit cri18 teria established by the Secretary. 

19 (B) PUBLICATION.—The methodology 

20 under subparagraph (A) shall be published by 

21 the Secretary as part of the notice of funding 

22 opportunity under the program. 

23 (e) FEDERAL SHARE.—The Federal share of the cost 

24 of an eligible project carried out using a grant provided 

25 under the program shall not exceed 80 percent. 


pamtmann on DSKBC07HB2PROD with BILLS
407 

•S 2016 IS

1 (f) FUNDING.— 

2 (1) AUTHORIZATION OF APPROPRIATIONS.— 

3 There is authorized to be appropriated to carry out 

4 this section $200,000,000 for each of fiscal years 

5 2022 through 2026, to remain available for a period 

6 of 3 fiscal years following the fiscal year for which 

7 the amounts are appropriated. 

8 (2) ADMINISTRATIVE EXPENSES.—Of the 

9 amounts made available to carry out the program 

10 for a fiscal year, the Secretary may retain not more 

11 than 2 percent for the administrative expenses of the 

12 program. 

13 (3) AVAILABILITY TO ELIGIBLE ENTITIES.— 

14 Amounts made available under a grant under the 

15 program shall remain available for use by the appli16 cable eligible entity until the date that is 5 years 

17 after the date on which the grant is provided. 

18 (g) DATA SUBMISSION.— 

19 (1) IN GENERAL.—As a condition of receiving a 

20 grant under this program, an eligible entity shall 

21 submit to the Secretary, on a regular basis as estab22 lished by the Secretary, data, information, or anal23 yses collected or conducted in accordance with sub24 section (d)(3). 


pamtmann on DSKBC07HB2PROD with BILLS
408 

•S 2016 IS

1 (2) FORM.—The data, information, and anal2 yses under paragraph (1) shall be submitted in such 

3 form such manner as may be prescribed by the Sec4 retary. 

5 (h) REPORTS.—Not later than 4 years after the date 

6 on which an eligible entity receives a grant under the pro7 gram, the eligible entity shall submit to the Secretary a 

8 report that describes— 

9 (1) the costs of each eligible project carried out 

10 using the grant; 

11 (2) the outcomes and benefits that each such el12 igible project has generated, as— 

13 (A) identified in the grant application of 

14 the eligible entity; and 

15 (B) measured by data, to the maximum ex16 tent practicable; and 

17 (3) the lessons learned and any recommenda18 tions relating to future projects or strategies to pre19 vent death and serious injury on roads and streets. 

20 (i) BEST PRACTICES.—Based on the information 

21 submitted by eligible entities under subsection (g), the 

22 Secretary shall— 

23 (1) periodically post on a publicly available 

24 website best practices and lessons learned for pre25 venting transportation-related fatalities and serious 


pamtmann on DSKBC07HB2PROD with BILLS
409 

•S 2016 IS

1 injuries pursuant to strategies or interventions im2 plemented under the program; and 

3 (2) evaluate and incorporate, as appropriate, 

4 the effectiveness of strategies and interventions im5 plemented under the program for the purpose of en6 riching revisions to the document entitled ‘‘Counter7 measures That Work: A Highway Safety Counter8 measure Guide for State Highway Safety Offices, 

9 Ninth Edition’’ and numbered DOT HS 812 478 (or 

10 any successor document). 

11 SEC. 4113. IMPLEMENTATION OF GAO RECOMMENDATIONS. 

12 (a) NEXT GENERATION 911.— 

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

14 the date of enactment of this Act, the Secretary 

15 shall implement the recommendations of the Comp16 troller General of the United States contained in the 

17 report entitled ‘‘Next Generation 911: National 911 

18 Program Could Strengthen Efforts to Assist 

19 States’’, numbered GAO–18–252, and dated Janu20 ary 1, 2018, by requiring that the Administrator of 

21 the National Highway Traffic Safety Administra22 tion, in collaboration with the appropriate Federal 

23 agencies, shall determine the roles and responsibil24 ities of the Federal agencies participating in the ini25 tiative entitled ‘‘National NG911 Roadmap initiaVerDate Sep 11 2014 21:39 Jun 14, 2021 Jkt 019200 PO 00000 Frm 00409 Fmt 6652 Sfmt 6201 E:\BILLS\S2016.IS S2016

pamtmann on DSKBC07HB2PROD with BILLS
410 

•S 2016 IS

1 tive’’ to carry out the national-level tasks with re2 spect which each agency has jurisdiction. 

3 (2) IMPLEMENTATION PLAN.—The Adminis4 trator of the National Highway Traffic Safety Ad5 ministration shall develop an implementation plan to 

6 support the completion of national-level tasks under 

7 the National NG911 Roadmap initiative. 

8 (b) PEDESTRIAN AND CYCLISTS INFORMATION AND

9 ENHANCED PERFORMANCE MANAGEMENT.— 

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

11 the date of enactment of this Act, the Secretary 

12 shall implement the recommendations of the Comp13 troller General of the United States contained in the 

14 report entitled ‘‘Pedestrians and Cyclists: Better In15 formation to States and Enhanced Performance 

16 Management Could Help DOT Improve Safety’’, 

17 numbered GAO–21–405, and dated May 20, 2021, 

18 by— 

19 (A) carrying out measures to collect infor20 mation relating to the range of counter21 measures implemented by States; 

22 (B) analyzing that information to help ad23 vance knowledge regarding the effectiveness of 

24 those countermeasures; and 

25 (C) sharing with States any results. 


pamtmann on DSKBC07HB2PROD with BILLS
411 

•S 2016 IS

1 (2) PERFORMANCE MANAGEMENT PRACTICES.— 

2 The Administrator of the National Highway Traffic 

3 Safety Administration shall use performance man4 agement practices to guide pedestrian and cyclist 

5 safety activities by— 

6 (A) developing performance measures for 

7 the Administration and program offices respon8 sible for implementing pedestrian and cyclist 

9 safety activities to demonstrate the means by 

10 which those activities contribute to safety goals; 

11 and 

12 (B) using performance information to 

13 make any necessary changes to advance pedes14 trian and cyclist safety efforts. 

15 Subtitle B—Vehicle Safety 

16 SEC. 4201. AUTHORIZATION OF APPROPRIATIONS. 

17 There are authorized to be appropriated to the Sec18 retary to carry out chapter 301, and part C of subtitle 

19 VI, of title 49, United States Code— 

20 (1) $200,294,333 for fiscal year 2022; 

21 (2) $204,300,219 for fiscal year 2023; 

22 (3) $208,386,224 for fiscal year 2024; 

23 (4) $212,553,948 for fiscal year 2025; and 

24 (5) $216,805,027 for fiscal year 2026. 


pamtmann on DSKBC07HB2PROD with BILLS
412 

•S 2016 IS

1 SEC. 4202. RECALL COMPLETION. 

2 (a) REPORTS ON RECALL CAMPAIGNS.—Section 

3 30118 of title 49, United States Code, is amended by add4 ing at the end the following: 

5 ‘‘(f) REPORTS ON NOTIFICATION CAMPAIGNS.— 

6 ‘‘(1) IN GENERAL.—Each manufacturer that is 

7 conducting a campaign under subsection (b) or (c) 

8 or any other provision of law (including regulations) 

9 to notify manufacturers, distributors, owners, pur10 chasers, or dealers of a defect or noncompliance 

11 shall submit to the Administrator of the National 

12 Highway Traffic Safety Administration— 

13 ‘‘(A) by the applicable date described in 

14 section 573.7(d) of title 49, Code of Federal 

15 Regulations (or a successor regulation), a quar16 terly report describing the campaign for each of 

17 8 consecutive quarters, beginning with the 

18 quarter in which the campaign was initiated; 

19 and 

20 ‘‘(B) an annual report for each of the 3 

21 years beginning after the date of completion of 

22 the last quarter for which a quarterly report is 

23 submitted under subparagraph (A). 

24 ‘‘(2) REQUIREMENTS.—Except as otherwise 

25 provided in this subsection, each report under this 

26 subsection shall comply with the requirements of 


pamtmann on DSKBC07HB2PROD with BILLS
413 

•S 2016 IS

1 section 573.7 of title 49, Code of Federal Regula2 tions (or a successor regulation).’’. 

3 (b) RECALL COMPLETION RATES.—Section 30120 of 

4 title 49, United States Code, is amended by adding at the 

5 end the following: 

6 ‘‘(k) RECALL COMPLETION RATES.— 

7 ‘‘(1) IN GENERAL.—The Administrator of the 

8 National Highway Traffic Safety Administration 

9 shall publish an annual list of recall completion rates 

10 for each recall campaign for which 8 quarterly re11 ports have been submitted under subsection (f) of 

12 section 30118 as of the date of publication of the 

13 list. 

14 ‘‘(2) REQUIREMENTS.—The annual list under 

15 paragraph (1) shall include— 

16 ‘‘(A) for each applicable campaign— 

17 ‘‘(i) the total number of vehicles sub18 ject to recall; and 

19 ‘‘(ii) the percentage of vehicles that 

20 have been remedied; and 

21 ‘‘(B) for each manufacturer submitting an 

22 applicable quarterly report under section 

23 30118(f)— 


pamtmann on DSKBC07HB2PROD with BILLS
414 

•S 2016 IS

1 ‘‘(i) the total number of recalls issued 

2 by the manufacturer during the year cov3 ered by the list; 

4 ‘‘(ii) the estimated number of vehicles 

5 of the manufacturer subject to recall dur6 ing the year covered by the list; and 

7 ‘‘(iii) the percentage of vehicles that 

8 have been remedied.’’. 

9 SEC. 4203. RECALL ENGAGEMENT. 

10 (a) RECALL REPAIR.—Not later than 2 years after 

11 the date of enactment of this Act, the Comptroller General 

12 of the United States shall— 

13 (1) conduct a study to determine— 

14 (A) the reasons why vehicle owners do not 

15 have repairs performed for vehicles subject to 

16 open recalls; and 

17 (B) whether engagement by third parties, 

18 including State and local governments, insur19 ance companies, or other entities, could increase 

20 the rate at which vehicle owners have repairs 

21 performed for vehicles subject to open recalls; 

22 and 

23 (2) submit to Congress a report describing the 

24 results of the study under paragraph (1), including 


pamtmann on DSKBC07HB2PROD with BILLS
415 

•S 2016 IS

1 any recommendations for increasing the rate of re2 pair for vehicles subject to open recalls. 

3 (b) RIDESHARING.—Not later than 18 months after 

4 the date of enactment of this Act, the Comptroller General 

5 shall— 

6 (1) conduct a study to determine the number of 

7 passenger motor vehicles in each State that— 

8 (A) are used by transportation network 

9 companies for for-hire purposes, such as ride10 sharing; and 

11 (B) have 1 or more open recalls; and 

12 (2) submit to Congress a report describing the 

13 results of the study under paragraph (1). 

14 (c) NHTSA STUDY AND REPORT.—Not later than 

15 3 years after the date of enactment of this Act, the Admin16 istrator of the National Highway Traffic Safety Adminis17 tration shall— 

18 (1) conduct a study to determine the ways in 

19 which vehicle recall notices could— 

20 (A) more effectively reach vehicle owners; 

21 (B) be made easier for all consumers to 

22 understand; and 

23 (C) incentivize vehicle owners to complete 

24 the repairs described in the recall notices; and 


pamtmann on DSKBC07HB2PROD with BILLS
416 

•S 2016 IS

1 (2) submit to Congress a report describing the 

2 results of the study under paragraph (1), including 

3 any recommendations for— 

4 (A) increasing the rate of repair for vehi5 cles subject to open recalls; or 

6 (B) any regulatory or statutory legislative 

7 changes that would facilitate an increased rate 

8 of repair. 

9 SEC. 4204. MOTOR VEHICLE SEAT BACK SAFETY STAND10 ARDS. 

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

12 date of enactment of this Act, subject to subsection (b), 

13 the Secretary shall issue an advanced notice of proposed 

14 rulemaking to update section 571.207 of title 49, Code 

15 of Federal Regulations. 

16 (b) COMPLIANCE DATE.—If the Secretary determines 

17 that a final rule is appropriate consistent with the consid18 erations described in section 30111(b) of title 49, United 

19 States Code, in issuing a final rule pursuant to subsection 

20 (a), the Secretary shall establish a date for required com21 pliance with the final rule of not later than 2 motor vehicle 

22 model years after the model year during which the effec23 tive date of the final rule occurs. 

24 SEC. 4205. AUTOMATIC SHUTOFF. 

25 (a) DEFINITIONS.—In this section: 


pamtmann on DSKBC07HB2PROD with BILLS
417 

•S 2016 IS

1 (1) KEY.—The term ‘‘key’’ has the meaning 

2 given the term in section 571.114 of title 49, Code 

3 of Federal Regulations (or a successor regulation). 

4 (2) MANUFACTURER.—The term ‘‘manufac5 turer’’ has the meaning given the term in section 

6 30102(a) of title 49, United States Code. 

7 (3) MOTOR VEHICLE.— 

8 (A) IN GENERAL.—The term ‘‘motor vehi9 cle’’ has the meaning given the term in section 

10 30102(a) of title 49, United States Code. 

11 (B) EXCLUSIONS.—The term ‘‘motor vehi12 cle’’ does not include— 

13 (i) a motorcycle or trailer (as those 

14 terms are defined in section 571.3 of title 

15 49, Code of Federal Regulations (or a suc16 cessor regulation)); 

17 (ii) any motor vehicle with a gross ve18 hicle weight rating of more than 10,000 

19 pounds; 

20 (iii) a battery electric vehicle; or 

21 (iv) a motor vehicle that requires ex22 tended periods with the engine in idle to 

23 operate in service mode or to operate 

24 equipment, such as an emergency vehicle 

25 (including a police vehicle, an ambulance, 


pamtmann on DSKBC07HB2PROD with BILLS
418 

•S 2016 IS

1 or a tow vehicle) and a commercial-use ve2 hicle (including a refrigeration vehicle). 

3 (b) AUTOMATIC SHUTOFF SYSTEMS FOR MOTOR VE4 HICLES.— 

5 (1) FINAL RULE.— 

6 (A) IN GENERAL.—Not later than 2 years 

7 after the date of enactment of this Act, the Sec8 retary shall issue a final rule amending section 

9 571.114 of title 49, Code of Federal Regula10 tions, to require manufacturers to install in 

11 each motor vehicle that is equipped with a key12 less ignition device and an internal combustion 

13 engine a device or system to automatically shut14 off the motor vehicle after the motor vehicle has 

15 idled for the period described in subparagraph 

16 (B). 

17 (B) DESCRIPTION OF PERIOD.— 

18 (i) IN GENERAL.—The period referred 

19 to in subparagraph (A) is the period des20 ignated by the Secretary as necessary to 

21 prevent, to the maximum extent prac22 ticable, carbon monoxide poisoning. 

23 (ii) DIFFERENT PERIODS.—The Sec24 retary may designate different periods 

25 under clause (i) for different types of 


pamtmann on DSKBC07HB2PROD with BILLS
419 

•S 2016 IS

1 motor vehicles, depending on the rate at 

2 which the motor vehicle emits carbon mon3 oxide, if— 

4 (I) the Secretary determines a 

5 different period is necessary for a type 

6 of motor vehicle for purposes of sec7 tion 30111 of title 49, United States 

8 Code; and 

9 (II) requiring a different period 

10 for a type of motor vehicle is con11 sistent with the prevention of carbon 

12 monoxide poisoning. 

13 (2) DEADLINE.—Unless the Secretary finds 

14 good cause to phase-in or delay implementation, the 

15 rule issued pursuant to paragraph (1) shall take ef16 fect on September 1 of the first calendar year begin17 ning after the date on which the Secretary issues the 

18 rule. 

19 SEC. 4206. PETITIONS BY INTERESTED PERSONS FOR 

20 STANDARDS AND ENFORCEMENT. 

21 Section 30162 of title 49, United States Code, is 

22 amended— 

23 (1) in subsection (b), by striking ‘‘The petition’’ 

24 and inserting ‘‘A petition under this section’’; 


pamtmann on DSKBC07HB2PROD with BILLS
420 

•S 2016 IS

1 (2) in subsection (c), by striking ‘‘the petition’’ 

2 and inserting ‘‘a petition under this section’’; and 

3 (3) in subsection (d)— 

4 (A) in the third sentence, by striking ‘‘If a 

5 petition’’ and inserting the following: 

6 ‘‘(3) DENIAL.—If a petition under this sec7 tion’’; 

8 (B) in the second sentence, by striking ‘‘If 

9 a petition is granted’’ and inserting the fol10 lowing: 

11 ‘‘(2) APPROVAL.—If a petition under this sec12 tion is approved’’; and 

13 (C) in the first sentence, by striking ‘‘The 

14 Secretary shall grant or deny a petition’’ and 

15 inserting the following: 

16 ‘‘(1) IN GENERAL.—The Secretary shall deter17 mine whether to approve or deny a petition under 

18 this section by’’. 

19 SEC. 4207. CHILD SAFETY SEAT ACCESSIBILITY STUDY. 

20 (a) IN GENERAL.—The Secretary, in coordination 

21 with other relevant Federal departments and agencies, in22 cluding the Secretary of Agriculture, the Secretary of 

23 Education, and the Secretary of Health and Human Serv24 ices, shall conduct a study to review the status of motor 


pamtmann on DSKBC07HB2PROD with BILLS
421 

•S 2016 IS

1 vehicle child safety seat accessibility for low-income fami2 lies and underserved populations. 

3 (b) ADDRESSING NEEDS.—In conducting the study 

4 under subsection (a), the Secretary shall— 

5 (1) examine the impact of Federal funding pro6 vided under section 405 of title 23, United States 

7 Code; and 

8 (2) develop a plan for addressing any needs 

9 identified in the study, including by working with so10 cial service providers. 

11 SEC. 4208. CRASH AVOIDANCE TECHNOLOGY. 

12 (a) IN GENERAL.—Subchapter II of chapter 301 of 

13 title 49, United States Code, is amended by adding at the 

14 end the following: 

15 ‘‘§ 30129. Crash avoidance technology 

16 ‘‘(a) IN GENERAL.—The Secretary of Transportation 

17 shall promulgate a rule— 

18 ‘‘(1) to establish minimum performance stand19 ards with respect to crash avoidance technology; and 

20 ‘‘(2) to require that all motor vehicles manufac21 tured for sale in the United States on or after the 

22 compliance date described in subsection (b) shall be 

23 equipped with— 

24 ‘‘(A) a forward collision warning and auto25 matic emergency braking system that— 


pamtmann on DSKBC07HB2PROD with BILLS
422 

•S 2016 IS

1 ‘‘(i) alerts the driver if— 

2 ‘‘(I) the distance to a vehicle 

3 ahead or an object in the path of trav4 el ahead is closing too quickly; and 

5 ‘‘(II) a collision is imminent; and 

6 ‘‘(ii) automatically applies the brakes 

7 if the driver fails to do so; and 

8 ‘‘(B) a lane departure warning and lane9 keeping assist system that— 

10 ‘‘(i) warns the driver to maintain the 

11 lane of travel; and 

12 ‘‘(ii) corrects the course of travel if 

13 the driver fails to do so. 

14 ‘‘(b) COMPLIANCE DATE.—The Secretary of Trans15 portation shall determine the appropriate effective date, 

16 and any phasing-in of requirements, of the final rule pro17 mulgated pursuant to subsection (a).’’. 

18 (b) CLERICAL AMENDMENT.—The analysis for sub19 chapter II of chapter 301 of title 49, United States Code, 

20 is amended by adding at the end the following: 

‘‘30129. Crash avoidance technology.’’. 

21 SEC. 4209. REDUCTION OF DRIVER DISTRACTION. 

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

23 date of enactment of this Act, the Secretary shall conduct 

24 research regarding the installation and use on motor vehiVerDate Sep 11 2014 21:39 Jun 14, 2021 Jkt 019200 PO 00000 Frm 00422 Fmt 6652 Sfmt 6201 E:\BILLS\S2016.IS S2016

pamtmann on DSKBC07HB2PROD with BILLS
423 

•S 2016 IS

1 cles of driver monitoring systems to minimize or elimi2 nate— 

3 (1) driver distraction; 

4 (2) driver disengagement; 

5 (3) automation complacency by drivers; and 

6 (4) foreseeable misuse of advanced driver-assist 

7 systems. 

8 (b) REPORT.—Not later than 180 days after the date 

9 of completion of the research under subsection (a), the 

10 Secretary shall submit to the Committee on Commerce, 

11 Science, and Transportation of the Senate and the Com12 mittee on Energy and Commerce of the House of Rep13 resentatives a detailed report describing the findings of the 

14 research. 

15 (c) RULEMAKING.— 

16 (1) IN GENERAL.—If, based on the research 

17 completed under subsection (a), the Secretary deter18 mines that— 

19 (A) 1 or more additional rulemakings are 

20 necessary to ensure safety, in accordance with 

21 the section 30111 of title 49, United States 

22 Code, the Secretary shall initiate the 

23 rulemakings by not later than 2 years after the 

24 date of submission of the report under sub25 section (b); and 


pamtmann on DSKBC07HB2PROD with BILLS
424 

•S 2016 IS

1 (B) an additional rulemaking is not nec2 essary, or an additional rulemaking cannot 

3 meet the applicable requirements and consider4 ations described in subsections (a) and (b) of 

5 section 30111 of title 49, United States Code, 

6 the Secretary shall submit to the Committee on 

7 Commerce, Science, and Transportation of the 

8 Senate and the Committee on Energy and Com9 merce of the House of Representatives a report 

10 describing the reasons for not prescribing addi11 tional Federal motor vehicle safety standards 

12 regarding the research conducted under sub13 section (a). 

14 (2) PRIVACY.—A rule issued pursuant to para15 graph (1) shall incorporate appropriate privacy and 

16 data security safeguards, as determined by the Sec17 retary. 

18 SEC. 4210. RULEMAKING REPORT. 

19 (a) DEFINITION OF COVERED RULEMAKING.—In this 

20 section, the term ‘‘covered rulemaking’’ means a regula21 tion or rulemaking that— 

22 (1) has not been finalized by the date on which 

23 the relevant notification is submitted under sub24 section (b); and 

25 (2) relates to— 


pamtmann on DSKBC07HB2PROD with BILLS
425 

•S 2016 IS

1 (A) section 30120A of title 49, United 

2 States Code; 

3 (B) section 30166(o) of title 49, United 

4 States Code; 

5 (C) section 30172 of title 49, United 

6 States Code; 

7 (D) section 32302(c) of title 49, United 

8 States Code; 

9 (E) a defect reporting requirement under 

10 section 32302(d) of title 49, United States 

11 Code; 

12 (F) subsections (b) and (c) of section 

13 32304A of title 49, United States Code; 

14 (G) the tire pressure monitoring standards 

15 required under section 24115 of the FAST Act 

16 (49 U.S.C. 30123 note; Public Law 114–94); 

17 (H) the amendment made by section 

18 24402 of the FAST Act (129 Stat. 1720; Pub19 lic Law 114–94) to section 30120(g)(1) of title 

20 49, United States Code; 

21 (I) the records retention rule required 

22 under section 24403 of the FAST Act (49 

23 U.S.C. 30117 note; Public Law 114–94); 

24 (J) the amendments made by section 

25 24405 of the FAST Act (Public Law 114–94; 


pamtmann on DSKBC07HB2PROD with BILLS
426 

•S 2016 IS

1 129 Stat. 1721) to section 30114 of title 49, 

2 United States Code; 

3 (K) a defect and noncompliance notifica4 tion required under— 

5 (i) section 24104 of the FAST Act 

6 (49 U.S.C. 30119 note; Public Law 114– 

7 94); or 

8 (ii) section 31301 of MAP–21 (49 

9 U.S.C. 30166 note; Public Law 112–141); 

10 (L) a side impact or frontal impact test 

11 procedure for child restraint systems under sec12 tion 31501 of MAP–21 (49 U.S.C. 30127 note; 

13 Public Law 112–141); 

14 (M) an upgrade to child restraint anchor15 age system usability requirements required 

16 under section 31502 of MAP–21 (49 U.S.C. 

17 30127 note; Public Law 112–141); 

18 (N) the rear seat belt reminder system re19 quired under section 31503 of MAP–21 (49 

20 U.S.C. 30127 note; Public Law 112–141); 

21 (O) a motorcoach rulemaking required 

22 under section 32703 of MAP–21 (49 U.S.C. 

23 31136 note; Public Law 112–141); or 

24 (P) any rulemaking required under this 

25 Act. 


pamtmann on DSKBC07HB2PROD with BILLS
427 

•S 2016 IS

1 (b) NOTIFICATION.—Not later than 180 days after 

2 the date of enactment of this Act, and not less frequently 

3 than biannually thereafter until the applicable covered 

4 rulemaking is complete, the Secretary shall submit to the 

5 Committee on Commerce, Science, and Transportation of 

6 the Senate and the Committee on Energy and Commerce 

7 of the House of Representatives a written notification that 

8 includes, with respect to each covered rulemaking— 

9 (1) for a covered rulemaking with a statutory 

10 deadline for completion— 

11 (A) an explanation of why the deadline was 

12 not met; and 

13 (B) an expected date of completion of the 

14 covered rulemaking; and 

15 (2) for a covered rulemaking without a statu16 tory deadline for completion, an expected date of 

17 completion of the covered rulemaking. 

18 (c) ADDITIONAL CONTENTS.—A notification under 

19 subsection (b) shall include, for each applicable covered 

20 rulemaking— 

21 (1) an updated timeline; 

22 (2) a list of factors causing delays in the com23 pletion of the covered rulemaking; and 

24 (3) any other details associated with the status 

25 of the covered rulemaking. 


pamtmann on DSKBC07HB2PROD with BILLS
428 

•S 2016 IS

1 SEC. 4211. GLOBAL HARMONIZATION. 

2 The Secretary shall cooperate, to the maximum ex3 tent practicable, with foreign governments, nongovern4 mental stakeholder groups, the motor vehicle industry, 

5 and consumer groups with respect to global harmonization 

6 of vehicle regulations as a means for improving motor ve7 hicle safety. 

8 SEC. 4212. HEADLAMPS. 

9 (a) DEFINITIONS.—In this section: 

10 (1) ADAPTIVE DRIVING BEAM HEADLAMP.—The 

11 term ‘‘adaptive driving beam headlamp’’ means a 

12 headlamp (as defined in Standard 108) that meets 

13 the performance requirements specified in SAE 

14 International Standard J3069, published on June 

15 30, 2016. 

16 (2) STANDARD 108.—The term ‘‘Standard 108’’ 

17 means Federal Motor Vehicle Safety Standard Num18 ber 108, contained in section 571.108 of title 49, 

19 Code of Federal Regulations (as in effect on the 

20 date of enactment of this Act). 

21 (b) RULEMAKING.—Not later than 2 years after the 

22 date of enactment of this Act, the Secretary shall issue 

23 a final rule amending Standard 108— 

24 (1) to include performance-based standards for 

25 vehicle headlamp systems— 


pamtmann on DSKBC07HB2PROD with BILLS
429 

•S 2016 IS

1 (A) to ensure that headlights are correctly 

2 aimed on the road; and 

3 (B) requiring those systems to be tested 

4 on-vehicle to account for headlight height and 

5 lighting performance; and 

6 (2) to allow for the use on vehicles of adaptive 

7 driving beam headlamp systems. 

8 (c) PERIODIC REVIEW.—Nothing in this section pre9 cludes the Secretary from— 

10 (1) reviewing Standard 108, as amended pursu11 ant to subsection (b); and 

12 (2) revising Standard 108 to reflect an updated 

13 version of SAE International Standard J3069, as 

14 the Secretary determines to be— 

15 (A) appropriate; and 

16 (B) in accordance with section 30111 of 

17 title 49, United States Code. 

18 SEC. 4213. NEW CAR ASSESSMENT PROGRAM. 

19 (a) UPDATES.—Not later than 1 year after the date 

20 of enactment of this Act, the Secretary shall finalize the 

21 proceeding for which comments were requested in the no22 tice entitled ‘‘New Car Assessment Program’’ (80 Fed. 

23 Reg. 78522 (December 16, 2015)) to update the pas24 senger motor vehicle information required under section 

25 32302(a) of title 49, United States Code. 


pamtmann on DSKBC07HB2PROD with BILLS
430 

•S 2016 IS

1 (b) INFORMATION PROGRAM.—Section 32302 of title 

2 49, United States Code, is amended— 

3 (1) in subsection (a), in the matter preceding 

4 paragraph (1), by inserting ‘‘(referred to in this sec5 tion as the ‘Secretary’)’’ after ‘‘of Transportation’’; 

6 and 

7 (2) by adding at the end the following: 

8 ‘‘(e) ADVANCED CRASH-AVOIDANCE TECH9 NOLOGIES.— 

10 ‘‘(1) NOTICE.—Not later than 1 year after the 

11 date of enactment of this subsection, the Secretary 

12 shall publish a notice, for purposes of public review 

13 and comment, to establish, distinct from crash14 worthiness information, a means for providing to 

15 consumers information relating to advanced crash16 avoidance technologies, in accordance with sub17 section (a). 

18 ‘‘(2) INCLUSIONS.—The notice under paragraph 

19 (1) shall include— 

20 ‘‘(A) an appropriate methodology for— 

21 ‘‘(i) determining which advanced 

22 crash-avoidance technologies shall be in23 cluded in the information; 

24 ‘‘(ii) developing performance test cri25 teria for use by manufacturers in evaluVerDate Sep 11 2014 21:39 Jun 14, 2021 Jkt 019200 PO 00000 Frm 00430 Fmt 6652 Sfmt 6201 E:\BILLS\S2016.IS S2016

pamtmann on DSKBC07HB2PROD with BILLS
431 

•S 2016 IS

1 ating advanced crash avoidance tech2 nologies; 

3 ‘‘(iii) determining a distinct rating in4 volving each advanced crash-avoidance 

5 technology to be included; and 

6 ‘‘(iv) updating overall vehicle ratings 

7 to incorporate advanced crash-avoidance 

8 technology ratings; and 

9 ‘‘(B) such other information and analyses 

10 as the Secretary determines to be necessary to 

11 implement the rating of advanced crash-avoid12 ance technologies. 

13 ‘‘(3) REPORT.—Not later than 18 months after 

14 the date of enactment of this subsection, the Sec15 retary shall submit to the Committee on Commerce, 

16 Science, and Transportation of the Senate and the 

17 Committee on Energy and Commerce of the House 

18 of Representatives a report that describes a plan for 

19 implementing an advanced crash-avoidance tech20 nology information and rating system, in accordance 

21 with subsection (a). 

22 ‘‘(f) VULNERABLE ROAD USER SAFETY.— 

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

24 date of enactment of this subsection, the Secretary 

25 shall publish a notice, for purposes of public review 


pamtmann on DSKBC07HB2PROD with BILLS
432 

•S 2016 IS

1 and comment, to establish a means for providing to 

2 consumers information relating to pedestrian, bicy3 clist, or other vulnerable road user safety tech4 nologies, in accordance with subsection (a). 

5 ‘‘(2) INCLUSIONS.—The notice under paragraph 

6 (1) shall include— 

7 ‘‘(A) an appropriate methodology for— 

8 ‘‘(i) determining which technologies 

9 shall be included in the information; 

10 ‘‘(ii) developing performance test cri11 teria for use by manufacturers in evalu12 ating the extent to which automated pedes13 trian safety systems in light vehicles at14 tempt to prevent and mitigate, to the best 

15 extent possible, pedestrian injury; 

16 ‘‘(iii) determining a distinct rating in17 volving each technology to be included; and 

18 ‘‘(iv) updating overall vehicle ratings 

19 to incorporate vulnerable road user safety 

20 technology ratings; and 

21 ‘‘(B) such other information and analyses 

22 as the Secretary determines to be necessary to 

23 implement the rating of vulnerable road user 

24 safety technologies. 


pamtmann on DSKBC07HB2PROD with BILLS
433 

•S 2016 IS

1 ‘‘(3) REPORT.—Not later than 18 months after 

2 the date of enactment of this subsection, the Sec3 retary shall submit to the Committee on Commerce, 

4 Science, and Transportation of the Senate and the 

5 Committee on Energy and Commerce of the House 

6 of Representatives a report that describes a plan for 

7 implementing an information and rating system for 

8 vulnerable road user safety technologies, in accord9 ance with subsection (a).’’. 

10 (c) ROADMAP.— 

11 (1) IN GENERAL.—Chapter 323 of title 49, 

12 United States Code, is amended by adding at the 

13 end the following: 

14 ‘‘§ 32310. New Car Assessment Program roadmap 

15 ‘‘(a) ESTABLISHMENT.—Not later than 1 year after 

16 the date of enactment of this section, and not less fre17 quently than once every 4 years thereafter, the Secretary 

18 of Transportation (referred to in this section as the ‘Sec19 retary’) shall establish a roadmap for the implementation 

20 of the New Car Assessment Program of the National 

21 Highway Traffic Safety Administration. 

22 ‘‘(b) REQUIREMENTS.—A roadmap under subsection 

23 (a) shall— 

24 ‘‘(1) cover a term of 10 years, consisting of— 


pamtmann on DSKBC07HB2PROD with BILLS
434 

•S 2016 IS

1 ‘‘(A) a mid-term component covering the 

2 initial 5 years of the term; and 

3 ‘‘(B) a long-term component covering the 

4 final 5 years of the term; and 

5 ‘‘(2) be in accordance with— 

6 ‘‘(A) section 306 of title 5; 

7 ‘‘(B) section 1115 of title 31; 

8 ‘‘(C) section 24401 of the FAST Act (49 

9 U.S.C. 105 note; Public Law 114–94); and 

10 ‘‘(D) any other relevant plans of the Na11 tional Highway Traffic Safety Administration. 

12 ‘‘(c) CONTENTS.—A roadmap under subsection (a) 

13 shall include— 

14 ‘‘(1) a plan for any changes to the New Car As15 sessment Program of the National Highway Traffic 

16 Safety Administration, including— 

17 ‘‘(A) descriptions of actions to be carried 

18 out to update the passenger motor vehicle infor19 mation developed under section 32302(a), in20 cluding the development of test procedures, test 

21 devices, test fixtures, and safety performance 

22 metrics, which shall, as applicable, incor23 porate— 

24 ‘‘(i) objective criteria for evaluating 

25 safety technologies; and 


pamtmann on DSKBC07HB2PROD with BILLS
435 

•S 2016 IS

1 ‘‘(ii) reasonable time periods for com2 pliance with new or updated tests; 

3 ‘‘(B) key milestones, including the antici4 pated start of an action, completion of an ac5 tion, and effective date of an update; and 

6 ‘‘(C) descriptions of the means by which 

7 an update will improve the passenger motor ve8 hicle information developed under section 

9 32302(a); 

10 ‘‘(2) an identification and prioritization of safe11 ty opportunities and technologies— 

12 ‘‘(A) with respect to the mid-term compo13 nent of the roadmap under subsection 

14 (b)(1)(A)— 

15 ‘‘(i) that are practicable; and 

16 ‘‘(ii) for which objective rating tests, 

17 evaluation criteria, and other consumer 

18 data exist for a market-based, consumer 

19 information approach; and 

20 ‘‘(B) with respect to the long-term compo21 nent of the roadmap under subsection 

22 (b)(1)(B), exist or are in development; 

23 ‘‘(3) an identification of— 

24 ‘‘(A) any safety opportunity or technology 

25 that— 


pamtmann on DSKBC07HB2PROD with BILLS
436 

•S 2016 IS

1 ‘‘(i) is identified through the activities 

2 carried out pursuant to subsection (d) or 

3 (e); and 

4 ‘‘(ii) is not included in the roadmap 

5 under paragraph (2); 

6 ‘‘(B) the reasons why such a safety oppor7 tunity or technology is not included in the road8 map; and 

9 ‘‘(C) any developments or information that 

10 would be necessary for the Secretary to con11 sider including such a safety opportunity or 

12 technology in a future roadmap; and 

13 ‘‘(4) consideration of the benefits of consistency 

14 with other rating systems used— 

15 ‘‘(A) within the United States; and 

16 ‘‘(B) internationally. 

17 ‘‘(d) CONSIDERATIONS.—Before finalizing a roadmap 

18 under this section, the Secretary shall— 

19 ‘‘(1) make the roadmap available for public 

20 comment; 

21 ‘‘(2) review any public comments received under 

22 paragraph (1); and 

23 ‘‘(3) incorporate in the roadmap under this sec24 tion those comments, as the Secretary determines to 

25 be appropriate. 


pamtmann on DSKBC07HB2PROD with BILLS
437 

•S 2016 IS

1 ‘‘(e) STAKEHOLDER ENGAGEMENT.—Not less fre2 quently than annually, the Secretary shall engage stake3 holders that represent a diversity of technical backgrounds 

4 and viewpoints— 

5 ‘‘(1) to identify— 

6 ‘‘(A) safety opportunities or technologies in 

7 development that could be included in future 

8 roadmaps; and 

9 ‘‘(B) opportunities to benefit from collabo10 ration or harmonization with third-party safety 

11 rating programs; 

12 ‘‘(2) to assist with long-term planning; 

13 ‘‘(3) to provide an interim update of the status 

14 and development of the following roadmap to be es15 tablished under subsection (a); and 

16 ‘‘(4) to collect feedback or other information 

17 that the Secretary determines to be relevant to en18 hancing the New Car Assessment Program of the 

19 National Highway Traffic Safety Administration.’’. 

20 (2) CLERICAL AMENDMENT.—The analysis for 

21 chapter 323 of title 49, United States Code, is 

22 amended by adding at the end the following: 

‘‘32310. New Car Assessment Program roadmap.’’. 

23 SEC. 4214. HOOD AND BUMPER STANDARDS. 

24 (a) NOTICE.—Not later than 2 years after the date 

25 of enactment of this Act, the Secretary shall issue a notice, 


pamtmann on DSKBC07HB2PROD with BILLS
438 

•S 2016 IS

1 for purposes of public review and comment, regarding po2 tential updates to hood and bumper standards for motor 

3 vehicles (as defined in section 30102(a) of title 49, United 

4 States Code). 

5 (b) INCLUSIONS.—The notice under subsection (a) 

6 shall include information relating to— 

7 (1) the incorporation or consideration of ad8 vanced crash avoidance technology in existing motor 

9 vehicle standards; 

10 (2) the incorporation or consideration of stand11 ards or technologies to reduce the number of injuries 

12 and fatalities suffered by pedestrians, bicyclists, or 

13 other vulnerable road users; 

14 (3) the development of performance test criteria 

15 for use by manufacturers in evaluating advanced 

16 crash avoidance technology, including technology re17 lating to vulnerable road user safety; 

18 (4) potential harmonization with global stand19 ards, including United Nations Economic Commis20 sion for Europe Regulation Number 42; and 

21 (5) such other information and analyses as the 

22 Secretary determines to be necessary. 

23 (c) REPORT.—Not later than 2 years after the date 

24 of enactment of this Act, the Secretary shall submit to 

25 the Committee on Commerce, Science, and Transportation 


pamtmann on DSKBC07HB2PROD with BILLS
439 

•S 2016 IS

1 of the Senate and the Committee on Energy and Com2 merce of the House of Representatives a report that de3 scribes— 

4 (1) the current status of hood and bumper 

5 standards; 

6 (2) relevant advanced crash avoidance tech7 nology; 

8 (3) actions needed to be carried out to develop 

9 performance test criteria; and 

10 (4) if applicable, a plan for incorporating ad11 vanced crash avoidance technology, including tech12 nology relating to vulnerable road user safety, in ex13 isting standards. 

14 SEC. 4215. EMERGENCY MEDICAL SERVICES AND 9–1–1. 

15 Section 158(a) of the National Telecommunications 

16 and Information Administration Organization Act (47 

17 U.S.C. 942(a)) is amended by striking paragraph (4). 

18 SEC. 4216. EARLY WARNING REPORTING. 

19 (a) IN GENERAL.—Section 30166(m)(3) of title 49, 

20 United States Code, is amended by adding at the end the 

21 following: 

22 ‘‘(D) SETTLEMENTS.—Notwithstanding 

23 any order entered in a civil action restricting 

24 the disclosure of information, a manufacturer of 

25 a motor vehicle or motor vehicle equipment 


pamtmann on DSKBC07HB2PROD with BILLS
440 

•S 2016 IS

1 shall comply with the requirements of this sub2 section and any regulations promulgated pursu3 ant to this subsection.’’. 

4 (b) STUDY AND REPORT.—Not later than 18 months 

5 after the date of enactment of this Act, the Administrator 

6 of the National Highway Traffic Safety Administration 

7 shall— 

8 (1) conduct a study— 

9 (A) to evaluate the early warning reporting 

10 data submitted under section 30166(m) of title 

11 49, United States Code (including regulations); 

12 and 

13 (B) to identify improvements, if any, that 

14 would enhance the use by the National High15 way Traffic Administration of early warning re16 porting data to enhance safety; and 

17 (2) submit to the Committee on the Committee 

18 on Commerce, Science, and Transportation of the 

19 Senate and the Committee on Energy and Com20 merce of the House of Representatives a report de21 scribing the results of the study under paragraph 

22 (1), including any recommendations for regulatory 

23 or legislative action. 


pamtmann on DSKBC07HB2PROD with BILLS
441 

•S 2016 IS

1 SEC. 4217. IMPROVED VEHICLE SAFETY DATABASES. 

2 Not later than 3 years after the date of enactment 

3 of this Act, after consultation with frequent users of pub4 licly available databases, the Secretary shall improve pub5 lic accessibility to information relating to the publicly ac6 cessible vehicle safety databases of the National Highway 

7 Traffic Safety Administration by revising the publicly ac8 cessible vehicle safety databases— 

9 (1) to improve organization and functionality, 

10 including design features such as drop-down menus; 

11 (2) to allow data from applicable publicly acces12 sible vehicle safety databases to be searched, sorted, 

13 aggregated, and downloaded in a manner that— 

14 (A) is consistent with the public interest; 

15 and 

16 (B) facilitates easy use by consumers; 

17 (3) to provide greater consistency in presen18 tation of vehicle safety issues; 

19 (4) to improve searchability regarding specific 

20 vehicles and issues, which may include the standard21 ization of commonly used search terms; and 

22 (5) to ensure nonconfidential documents and 

23 materials relating to information created or obtained 

24 by the National Highway Traffic Safety Administra25 tion are made publicly available in a manner that 

26 is— 


pamtmann on DSKBC07HB2PROD with BILLS
442 

•S 2016 IS

1 (A) timely; and 

2 (B) searchable in databases by any ele3 ment that the Secretary determines to be in the 

4 public interest. 

5 SEC. 4218. NATIONAL DRIVER REGISTER ADVISORY COM6 MITTEE REPEAL. 

7 (a) IN GENERAL.—Section 30306 of title 49, United 

8 States Code, is repealed. 

9 (b) CLERICAL AMENDMENT.—The analysis for chap10 ter 303 of title 49, United States Code, is amended by 

11 striking the item relating to section 30306. 

12 SEC. 4219. RESEARCH ON CONNECTED VEHICLE TECH13 NOLOGY. 

14 The Administrator of the National Highway Traffic 

15 Safety Administration, in collaboration with the head of 

16 the Intelligent Transportation Systems Joint Program Of17 fice and the Administrator of the Federal Highway Ad18 ministration, shall— 

19 (1) not later than 180 days after the date of 

20 enactment of this Act, expand vehicle-to-pedestrian 

21 research efforts to ensure that bicyclists and other 

22 vulnerable road users will be incorporated into the 

23 safe deployment of connected vehicle systems; and 

24 (2) not later than 2 years after the date of en25 actment of this Act, submit to Congress and make 


pamtmann on DSKBC07HB2PROD with BILLS
443 

•S 2016 IS

1 publicly available a report describing the findings of 

2 the research efforts described in paragraph (1). 

3 SEC. 4220. ADVANCED IMPAIRED DRIVING TECHNOLOGY. 

4 (a) FINDINGS.—Congress finds that— 

5 (1) alcohol-impaired driving fatalities represent 

approximately 1 6 ⁄3 of all highway fatalities in the 

7 United States each year; 

8 (2) in 2019, there were 10,142 alcohol-impaired 

9 driving fatalities in the United States involving driv10 ers with a blood alcohol concentration level of .08 or 

11 higher, and 68 percent of the crashes that resulted 

12 in those fatalities involved a driver with a blood alco13 hol concentration level of .15 or higher; 

14 (3) the estimated economic cost for alcohol-im15 paired driving in 2010 was $44,000,000,000; 

16 (4) according to the Insurance Institute for 

17 Highway Safety, advanced drunk and impaired driv18 ing prevention technology can prevent more than 

19 9,400 alcohol-impaired driving fatalities annually; 

20 and 

21 (5) to ensure the prevention of alcohol-impaired 

22 driving fatalities, advanced drunk and impaired driv23 ing prevention technology must be standard equip24 ment in all new passenger motor vehicles. 

25 (b) DEFINITIONS.—In this section: 


pamtmann on DSKBC07HB2PROD with BILLS
444 

•S 2016 IS

1 (1) ADVANCED DRUNK AND IMPAIRED DRIVING

2 PREVENTION TECHNOLOGY.—The term ‘‘advanced 

3 drunk and impaired driving prevention technology’’ 

4 means a system that— 

5 (A) can— 

6 (i) passively monitor the performance 

7 of a driver of a motor vehicle to accurately 

8 identify whether that driver may be im9 paired; and 

10 (ii) prevent or limit motor vehicle op11 eration if an impairment is detected; 

12 (B) can— 

13 (i) passively and accurately detect 

14 whether the blood alcohol concentration of 

15 a driver of a motor vehicle is equal to or 

16 greater than the blood alcohol concentra17 tion described in section 163(a) of title 23, 

18 United States Code; and 

19 (ii) prevent or limit motor vehicle op20 eration if a blood alcohol concentration 

21 above the legal limit is detected; or 

22 (C) is a combination of systems described 

23 in subparagraphs (A) and (B). 


pamtmann on DSKBC07HB2PROD with BILLS
445 

•S 2016 IS

1 (2) NEW.—The term ‘‘new’’, with respect to a 

2 passenger motor vehicle, means that the passenger 

3 motor vehicle— 

4 (A) is a new vehicle (as defined in section 

5 37.3 of title 49, Code of Federal Regulations 

6 (or a successor regulation)); and 

7 (B) has not been purchased for purposes 

8 other than resale. 

9 (3) PASSENGER MOTOR VEHICLE.—The term 

10 ‘‘passenger motor vehicle’’ has the meaning given 

11 the term in section 32101 of title 49, United States 

12 Code. 

13 (4) SECRETARY.—The term ‘‘Secretary’’ means 

14 the Secretary of Transportation, acting through the 

15 Administrator of the National Highway Traffic Safe16 ty Administration. 

17 (c) ADVANCED DRUNK AND IMPAIRED DRIVING PRE18 VENTION TECHNOLOGY SAFETY STANDARD.—Subject to 

19 subsection (e) and not later than 3 years after the date 

20 of enactment of this Act, the Secretary shall issue a final 

21 rule prescribing a Federal motor vehicle safety standard 

22 under section 30111 of title 49, United States Code, that 

23 requires passenger motor vehicles manufactured after the 

24 effective date of that standard to be equipped with ad25 vanced drunk and impaired driving prevention technology. 


pamtmann on DSKBC07HB2PROD with BILLS
446 

•S 2016 IS

1 (d) REQUIREMENTS.— 

2 (1) LEAD TIME.—To allow sufficient time for 

3 manufacturer compliance, the compliance date of the 

4 rule issued under subsection (c) shall be not earlier 

5 than 2 years and not more than 3 years after the 

6 date on which that rule is issued. 

7 (2) TECHNICAL CAPABILITY.—Any advanced 

8 drunk and impaired driving prevention technology 

9 required for new passenger motor vehicles under 

10 subsection (c) that measures blood alcohol con11 centration shall use the blood alcohol concentration 

12 described in section 163(a) of title 23, United States 

13 Code. 

14 (e) TIMING.—If the Secretary determines that the 

15 Federal motor vehicle safety standard required under sub16 section (c) cannot meet the requirements and consider17 ations described in subsections (a) and (b) of section 

18 30111 of title 49, United States Code, by the applicable 

19 date, the Secretary— 

20 (1) may extend the time period to such date as 

21 the Secretary determines to be necessary, but not 

22 later than the date that is 3 years after the date de23 scribed in subsection (c); and 

24 (2) shall, not later than the date described in 

25 subsection (c) and not less frequently than annually 


pamtmann on DSKBC07HB2PROD with BILLS
447 

•S 2016 IS

1 thereafter until the date on which the rule under 

2 that subsection is issued, submit to the Committee 

3 on Commerce, Science, and Transportation of the 

4 Senate and the Committee on Energy and Com5 merce of the House of Representatives a report de6 scribing, as of the date of submission of the report— 

7 (A) the reasons for not prescribing a Fed8 eral motor vehicle safety standard under section 

9 30111 of title 49, United States Code, that re10 quires advanced drunk and impaired driving 

11 prevention technology in all new passenger 

12 motor vehicles; 

13 (B) the deployment of advanced drunk and 

14 impaired driving prevention technology in vehi15 cles; 

16 (C) any information relating to the ability 

17 of vehicle manufacturers to include advanced 

18 drunk and impaired driving prevention tech19 nology in new passenger motor vehicles; and 

20 (D) an anticipated timeline for prescribing 

21 the Federal motor vehicle safety standard de22 scribed in subsection (c). 


pamtmann on DSKBC07HB2PROD with BILLS
448 

•S 2016 IS

1 TITLE V—RESEARCH AND 

2 INNOVATION 

3 SEC. 5001. INTELLIGENT TRANSPORTATION SYSTEMS PRO4 GRAM ADVISORY COMMITTEE. 

5 Section 515(h) of title 23, United States Code, is 

6 amended— 

7 (1) in paragraph (1), by inserting ‘‘(referred to 

8 in this subsection as the ‘Advisory Committee’)’’ 

9 after ‘‘an Advisory Committee’’; 

10 (2) in paragraph (2)— 

11 (A) in the matter preceding subparagraph 

12 (A), by striking ‘‘20 members’’ and inserting 

13 ‘‘25 members’’; 

14 (B) in subparagraph (K), by striking ‘‘; 

15 and’’ and inserting a semicolon; 

16 (C) in subparagraph (L)— 

17 (i) by striking ‘‘utilities,’’; and 

18 (ii) by striking the period at the end 

19 and inserting a semicolon; 

20 (D) by redesignating subparagraphs (E) 

21 through (L) as subparagraphs (G), (I), (J), 

22 (K), (L), (M), (Q), and (R), respectively; 

23 (E) by inserting after subparagraph (D) 

24 the following: 


pamtmann on DSKBC07HB2PROD with BILLS
449 

•S 2016 IS

1 ‘‘(E) a representative of a national transit 

2 association; 

3 ‘‘(F) a representative of a national, State, 

4 or local transportation agency or association;’’; 

5 (F) by inserting after subparagraph (G) 

6 (as so redesignated) the following: 

7 ‘‘(H) a private sector developer of intel8 ligent transportation system technologies, which 

9 may include emerging vehicle technologies;’’; 

10 (G) by inserting after subparagraph (M) 

11 (as so redesignated) the following: 

12 ‘‘(N) a representative of a labor organiza13 tion; 

14 ‘‘(O) a representative of a mobility-pro15 viding entity; 

16 ‘‘(P) an expert in traffic management;’’; 

17 and 

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

19 ‘‘(S) an expert in cybersecurity; and 

20 ‘‘(T) an automobile manufacturer.’’; 

21 (3) in paragraph (3)— 

22 (A) in subparagraph (A), by striking ‘‘sec23 tion 508’’ and inserting ‘‘section 6503 of title 

24 49’’; and 

25 (B) in subparagraph (B)— 


pamtmann on DSKBC07HB2PROD with BILLS
450 

•S 2016 IS

1 (i) in the matter preceding clause (i), 

2 by inserting ‘‘programs and’’ before ‘‘re3 search’’; and 

4 (ii) in clause (iii), by striking ‘‘re5 search and’’ and inserting ‘‘programs, re6 search, and’’; 

7 (4) by redesignating paragraphs (3) through 

8 (5) as paragraphs (5) through (7); and 

9 (5) by inserting after paragraph (2) the fol10 lowing: 

11 ‘‘(3) TERM.— 

12 ‘‘(A) IN GENERAL.—The term of a mem13 ber of the Advisory Committee shall be 3 years. 

14 ‘‘(B) RENEWAL.—On expiration of the 

15 term of a member of the Advisory Committee, 

16 the member— 

17 ‘‘(i) may be reappointed; or 

18 ‘‘(ii) if the member is not reappointed 

19 under clause (i), may serve until a new 

20 member is appointed. 

21 ‘‘(4) MEETINGS.—The Advisory Committee— 

22 ‘‘(A) shall convene not less frequently than 

23 twice each year; and 

24 ‘‘(B) may convene with the use of remote 

25 video conference technology.’’. 


pamtmann on DSKBC07HB2PROD with BILLS
451 

•S 2016 IS

1 SEC. 5002. SMART COMMUNITY RESOURCE CENTER. 

2 (a) DEFINITIONS.—In this section: 

3 (1) RESOURCE CENTER.—The term ‘‘resource 

4 center’’ means the Smart Community Resource Cen5 ter established under subsection (b). 

6 (2) SMART COMMUNITY.—The term ‘‘smart 

7 community’’ means a community that uses innova8 tive technologies, data, analytics, and other means to 

9 improve the community and address local challenges. 

10 (b) ESTABLISHMENT.—The Secretary shall work 

11 with the modal administrations of the Department and 

12 with such other Federal agencies and departments as the 

13 Secretary determines to be appropriate to make available 

14 to the public on an Internet website a resource center, to 

15 be known as the ‘‘Smart Community Resource Center’’, 

16 that includes a compilation of resources or links to re17 sources for States and local communities to use in devel18 oping and implementing— 

19 (1) intelligent transportation system programs; 

20 or 

21 (2) smart community transportation programs. 

22 (c) INCLUSIONS.—The resource center shall include 

23 links to— 

24 (1) existing programs and resources for intel25 ligent transportation system or smart community 

26 transportation programs, including technical assistVerDate Sep 11 2014 21:39 Jun 14, 2021 Jkt 019200 PO 00000 Frm 00451 Fmt 6652 Sfmt 6201 E:\BILLS\S2016.IS S2016

pamtmann on DSKBC07HB2PROD with BILLS
452 

•S 2016 IS

1 ance, education, training, funding, and examples of 

2 intelligent transportation systems or smart commu3 nity transportation programs implemented by States 

4 and local communities, available from— 

5 (A) the Department; 

6 (B) other Federal agencies; and 

7 (C) non-Federal sources; 

8 (2) existing reports or databases with the re9 sults of intelligent transportation system or smart 

10 community transportation programs; 

11 (3) any best practices developed or lessons 

12 learned from intelligent transportation system or 

13 smart community transportation programs; and 

14 (4) such other resources as the Secretary deter15 mines to be appropriate. 

16 (d) DEADLINE.—The Secretary shall establish the re17 source center by the date that is 1 year after the date 

18 of enactment of this Act. 

19 (e) UPDATES.—The Secretary shall ensure that the 

20 resource center is updated on a regular basis. 

21 SEC. 5003. FEDERAL SUPPORT FOR LOCAL DECISION22 MAKING. 

23 (a) LOCAL OUTREACH.—To determine the data anal24 ysis tools needed to assist local communities in making 

25 infrastructure decisions, the Director of the Bureau of 


pamtmann on DSKBC07HB2PROD with BILLS
453 

•S 2016 IS

1 Transportation Statistics shall perform outreach to plan2 ning and infrastructure decision-making officials in units 

3 of local government and other units of government, includ4 ing a geographically diverse group of individuals from— 

5 (1) States; 

6 (2) political subdivisions of States; 

7 (3) cities; 

8 (4) metropolitan planning organizations; 

9 (5) regional transportation planning organiza10 tions; and 

11 (6) federally recognized Indian Tribes. 

12 (b) WORK PLAN.— 

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

14 the date of enactment of this Act, based on the out15 reach performed under subsection (a), the Director 

16 of the Bureau of Transportation Statistics shall sub17 mit to the Secretary a work plan for reviewing and 

18 updating existing data analysis tools and developing 

19 any additional data analysis tools needed to assist 

20 local communities with making infrastructure invest21 ment decisions. 

22 (2) CONTENTS.—Based on the needs identified 

23 pursuant to the outreach performed under sub24 section (a), the work plan submitted under para25 graph (1) shall include— 


pamtmann on DSKBC07HB2PROD with BILLS
454 

•S 2016 IS

1 (A) a description of the data analysis tools 

2 identified that would benefit infrastructure deci3 sion-making by local governments and address 

4 the goals described in subsection (c); 

5 (B) a review of the datasets that local gov6 ernments need to effectively use the data anal7 ysis tools described in subparagraph (A); 

8 (C) an identification of existing or pro9 posed data analysis tools that use publicly avail10 able data; 

11 (D) the estimated cost of obtaining each 

12 dataset described in subparagraph (B); 

13 (E) the estimated cost to develop the data 

14 analysis tools described in subparagraph (A); 

15 (F) a prioritization for the development of 

16 data analysis tools described in subparagraph 

17 (A); and 

18 (G) a determination as to whether it would 

19 be appropriate for the Federal Government to 

20 develop the data analysis tools described in sub21 paragraph (A). 

22 (c) GOALS.— 

23 (1) IN GENERAL.—A data analysis tool created 

24 pursuant to the work plan submitted under subVerDate Sep 11 2014 21:39 Jun 14, 2021 Jkt 019200 PO 00000 Frm 00454 Fmt 6652 Sfmt 6201 E:\BILLS\S2016.IS S2016

pamtmann on DSKBC07HB2PROD with BILLS
455 

•S 2016 IS

1 section (b)(1) shall be developed to help inform local 

2 communities in making infrastructure investments. 

3 (2) SPECIFIC ISSUES.—A data analysis tool cre4 ated pursuant to the work plan submitted under 

5 subsection (b)(1) shall be intended to help units of 

6 local government and other units of government ad7 dress 1 or more of the following: 

8 (A) Improving maintenance of existing as9 sets. 

10 (B) Rebuilding infrastructure to a state of 

11 good repair. 

12 (C) Creating economic development 

13 through infrastructure development. 

14 (D) Establishing freight plans and infra15 structure that connects the community to sup16 ply chains. 

17 (E) Increasing options for communities 

18 that lack access to affordable transportation to 

19 improve access to jobs, affordable housing, 

20 schools, medical services, foods and other essen21 tial community services. 

22 (F) Reducing congestion. 

23 (G) Improving community resilience to ex24 treme weather events. 


pamtmann on DSKBC07HB2PROD with BILLS
456 

•S 2016 IS

1 (H) Any other subject, as the Director de2 termines to be necessary. 

3 (d) IMPLEMENTATION.—Subject to the availability of 

4 appropriations, the Secretary shall develop data analysis 

5 tools and purchase datasets as prioritized in the work 

6 plan. 

7 (e) COORDINATION.—The Director of the Bureau of 

8 Transportation Statistics may utilize existing working 

9 groups or advisory committees to perform the local out10 reach required under subsection (a). 

11 SEC. 5004. BUREAU OF TRANSPORTATION STATISTICS. 

12 (a) FUNDING.—In addition to amounts made avail13 able from the Highway Trust Fund, there is authorized 

14 to be appropriated to the Secretary for use by the Bureau 

15 of Transportation Statistics for data collection and anal16 ysis activities $10,000,000 for each of fiscal years 2022 

17 through 2026. 

18 (b) AMENDMENT.—Section 6302(b)(3)(B)(vi) of title 

19 49, United States Code, is amended— 

20 (1) by striking subclause (V); 

21 (2) by redesignating subclauses (VI) through 

22 (XI) as subclauses (VII) through (XII), respectively; 

23 and 

24 (3) by adding after subclause (IV) the fol25 lowing: 


pamtmann on DSKBC07HB2PROD with BILLS
457 

•S 2016 IS

1 ‘‘(V) employment in the transpor2 tation sector; 

3 ‘‘(VI) the effects of the transpor4 tation system, including advanced 

5 technologies and automation, on glob6 al and domestic economic competitive7 ness;’’. 

8 SEC. 5005. STRENGTHENING MOBILITY AND REVOLUTION9 IZING TRANSPORTATION GRANT PROGRAM. 

10 (a) DEFINITIONS.—In this section: 

11 (1) ELIGIBLE ENTITY.—The term ‘‘eligible enti12 ty’’ means— 

13 (A) a State; 

14 (B) a political subdivision of a State; 

15 (C) a Tribal government; 

16 (D) a public transit agency or authority; 

17 (E) a public toll authority; 

18 (F) a metropolitan planning organization; 

19 and 

20 (G) a group of 2 or more eligible entities 

21 described in any of subparagraphs (A) through 

22 (F) applying through a single lead applicant. 

23 (2) ELIGIBLE PROJECT.—The term ‘‘eligible 

24 project’’ means a project described in subsection (e). 


pamtmann on DSKBC07HB2PROD with BILLS
458 

•S 2016 IS

1 (3) LARGE COMMUNITY.—The term ‘‘large com2 munity’’ means a community with a population of 

3 not less than 400,000 individuals, as determined 

4 under the most recent annual estimate of the Bu5 reau of the Census. 

6 (4) MIDSIZED COMMUNITY.—The term 

7 ‘‘midsized community’’ means any community that 

8 is not a large community or a rural community. 

9 (5) REGIONAL PARTNERSHIP.—The term ‘‘re10 gional partnership’’ means a partnership composed 

11 of 2 or more eligible entities located in jurisdictions 

12 with a combined population that is equal to or great13 er than the population of any midsized community. 

14 (6) RURAL COMMUNITY.—The term ‘‘rural 

15 community’’ means a community that is located in 

16 an area that is outside of an urbanized area (as de17 fined in section 5302 of title 49, United States 

18 Code). 

19 (7) SMART GRANT.—The term ‘‘SMART 

20 grant’’ means a grant provided to an eligible entity 

21 under the Strengthening Mobility and Revolution22 izing Transportation Grant Program established 

23 under subsection (b). 

24 (b) ESTABLISHMENT OF PROGRAM.—The Secretary 

25 shall establish a program, to be known as the ‘‘StrengthVerDate Sep 11 2014 21:39 Jun 14, 2021 Jkt 019200 PO 00000 Frm 00458 Fmt 6652 Sfmt 6201 E:\BILLS\S2016.IS S2016

pamtmann on DSKBC07HB2PROD with BILLS
459 

•S 2016 IS

1 ening Mobility and Revolutionizing Transportation Grant 

2 Program’’, under which the Secretary shall provide grants 

3 to eligible entities to conduct demonstration projects fo4 cused on advanced smart city or community technologies 

5 and systems in a variety of communities to improve trans6 portation efficiency and safety. 

7 (c) DISTRIBUTION.—In determining the projects for 

8 which to provide a SMART grant, the Secretary shall con9 sider contributions to geographical diversity among grant 

10 recipients, including the need for balancing the needs of 

11 rural communities, midsized communities, and large com12 munities, consistent with the requirements of subpara13 graphs (A) through (C) of subsection (g)(1). 

14 (d) APPLICATIONS.— 

15 (1) IN GENERAL.—An eligible entity may sub16 mit to the Secretary an application for a SMART 

17 grant at such time, in such manner, and containing 

18 such information as the Secretary may require. 

19 (2) TRANSPARENCY.—The Secretary shall in20 clude, in any notice of funding availability relating 

21 to SMART grants, a full description of the method 

22 by which applications under paragraph (1) will be 

23 evaluated. 

24 (3) SELECTION CRITERIA.— 


pamtmann on DSKBC07HB2PROD with BILLS
460 

•S 2016 IS

1 (A) IN GENERAL.—The Secretary shall 

2 evaluate applications for SMART grants based 

3 on— 

4 (i) the extent to which the eligible en5 tity or applicable beneficiary community— 

6 (I) has a public transportation 

7 system or other transit options capa8 ble of integration with other systems 

9 to improve mobility and efficiency; 

10 (II) has a population density and 

11 transportation needs conducive to 

12 demonstrating proposed strategies; 

13 (III) has continuity of committed 

14 leadership and the functional capacity 

15 to carry out the proposed project; 

16 (IV) is committed to open data 

17 sharing with the public; and 

18 (V) is likely to successfully imple19 ment the proposed eligible project, in20 cluding through technical and finan21 cial commitments from the public and 

22 private sectors; and 

23 (ii) the extent to which a proposed eli24 gible project will use advanced data, tech25 nology, and applications to provide signifiVerDate Sep 11 2014 21:39 Jun 14, 2021 Jkt 019200 PO 00000 Frm 00460 Fmt 6652 Sfmt 6201 E:\BILLS\S2016.IS S2016

pamtmann on DSKBC07HB2PROD with BILLS
461 

•S 2016 IS

1 cant benefits to a local area, a State, a re2 gion, or the United States, including the 

3 extent to which the proposed eligible 

4 project will— 

5 (I) reduce congestion and delays 

6 for commerce and the traveling public; 

7 (II) improve the safety and inte8 gration of transportation facilities and 

9 systems for pedestrians, bicyclists, 

10 and the broader traveling public; 

11 (III) improve access to jobs, edu12 cation, and essential services, includ13 ing health care; 

14 (IV) connect or expand access for 

15 underserved or disadvantaged popu16 lations and reduce transportation 

17 costs; 

18 (V) contribute to medium- and 

19 long-term economic competitiveness; 

20 (VI) improve the reliability of ex21 isting transportation facilities and sys22 tems; 

23 (VII) promote connectivity be24 tween and among connected vehicles, 

25 roadway infrastructure, pedestrians, 


pamtmann on DSKBC07HB2PROD with BILLS
462 

•S 2016 IS

1 bicyclists, the public, and transpor2 tation systems; 

3 (VIII) incentivize private sector 

4 investments or partnerships, including 

5 by working with mobile and fixed tele6 communication service providers, to 

7 the extent practicable; 

8 (IX) improve energy efficiency or 

9 reduce pollution; 

10 (X) increase the resiliency of the 

11 transportation system; and 

12 (XI) improve emergency re13 sponse. 

14 (B) PRIORITY.—In providing SMART 

15 grants, the Secretary shall give priority to ap16 plications for eligible projects that would— 

17 (i) demonstrate smart city or commu18 nity technologies in repeatable ways that 

19 can rapidly be scaled; 

20 (ii) encourage public and private shar21 ing of data and best practices; 

22 (iii) encourage private-sector innova23 tion by promoting industry-driven tech24 nology standards, open platforms, techVerDate Sep 11 2014 21:39 Jun 14, 2021 Jkt 019200 PO 00000 Frm 00462 Fmt 6652 Sfmt 6201 E:\BILLS\S2016.IS S2016

pamtmann on DSKBC07HB2PROD with BILLS
463 

•S 2016 IS

1 nology-neutral requirements, and inter2 operability; 

3 (iv) promote a skilled workforce that 

4 is inclusive of minority or disadvantaged 

5 groups; 

6 (v) allow for the measurement and 

7 validation of the cost savings and perform8 ance improvements associated with the in9 stallation and use of smart city or commu10 nity technologies and practices; 

11 (vi) encourage the adoption of smart 

12 city or community technologies by commu13 nities; 

14 (vii) promote industry practices re15 garding cybersecurity; and 

16 (viii) safeguard individual privacy. 

17 (e) USE OF GRANT FUNDS.— 

18 (1) ELIGIBLE PROJECTS.— 

19 (A) IN GENERAL.—A SMART grant may 

20 be used to carry out a project that dem21 onstrates at least 1 of the following: 

22 (i) COORDINATED AUTOMATION.—The 

23 use of automated transportation and au24 tonomous vehicles, while working to miniVerDate Sep 11 2014 21:39 Jun 14, 2021 Jkt 019200 PO 00000 Frm 00463 Fmt 6652 Sfmt 6201 E:\BILLS\S2016.IS S2016

pamtmann on DSKBC07HB2PROD with BILLS
464 

•S 2016 IS

1 mize the impact on the accessibility of any 

2 other user group or mode of travel. 

3 (ii) CONNECTED VEHICLES.—Vehicles 

4 that send and receive information regard5 ing vehicle movements in the network and 

6 use vehicle-to-vehicle and vehicle-to-every7 thing communications to provide advanced 

8 and reliable connectivity. 

9 (iii) INTELLIGENT, SENSOR-BASED IN10 FRASTRUCTURE.—The deployment and use 

11 of a collective intelligent infrastructure 

12 that allows sensors to collect and report 

13 real-time data to inform everyday trans14 portation-related operations and perform15 ance. 

16 (iv) SYSTEMS INTEGRATION.—The in17 tegration of intelligent transportation sys18 tems with other existing systems and other 

19 advanced transportation technologies. 

20 (v) COMMERCE DELIVERY AND LOGIS21 TICS.—Innovative data and technological 

22 solutions supporting efficient goods move23 ment, such as connected vehicle probe 

24 data, road weather data, or global posi25 tioning data to improve on-time pickup 


pamtmann on DSKBC07HB2PROD with BILLS
465 

•S 2016 IS

1 and delivery, improved travel time reli2 ability, reduced fuel consumption and 

3 emissions, and reduced labor and vehicle 

4 maintenance costs. 

5 (vi) LEVERAGING USE OF INNOVATIVE

6 AVIATION TECHNOLOGY.—Leveraging the 

7 use of innovative aviation technologies, 

8 such as unmanned aircraft systems, to 

9 support transportation safety and effi10 ciencies, including traffic monitoring and 

11 infrastructure inspection. 

12 (vii) SMART GRID.—Development of a 

13 programmable and efficient energy trans14 mission and distribution system to support 

15 the adoption or expansion of energy cap16 ture, electric vehicle deployment, or freight 

17 or commercial fleet fuel efficiency. 

18 (2) ELIGIBLE PROJECT COSTS.—A SMART 

19 grant may be used for— 

20 (A) development phase activities, includ21 ing— 

22 (i) planning; 

23 (ii) feasibility analyses; 

24 (iii) revenue forecasting; 

25 (iv) environmental review; 


pamtmann on DSKBC07HB2PROD with BILLS
466 

•S 2016 IS

1 (v) permitting; 

2 (vi) preliminary engineering and de3 sign work; 

4 (vii) systems development or informa5 tion technology work; and 

6 (viii) acquisition of real property (in7 cluding land and improvements to land re8 lating to an eligible project); and 

9 (B) construction phase activities, includ10 ing— 

11 (i) construction; 

12 (ii) reconstruction; 

13 (iii) rehabilitation; 

14 (iv) replacement; 

15 (v) environmental mitigation; 

16 (vi) construction contingencies; and 

17 (vii) acquisition of equipment, includ18 ing vehicles. 

19 (3) PROHIBITED USES.—A SMART grant shall 

20 not be used— 

21 (A) to reimburse any preaward costs or ap22 plication preparation costs of the SMART grant 

23 application; 

24 (B) for any traffic or parking enforcement 

25 activity; or 


pamtmann on DSKBC07HB2PROD with BILLS
467 

•S 2016 IS

1 (C) to purchase or lease a license plate 

2 reader. 

3 (f) REPORTS.— 

4 (1) ELIGIBLE ENTITIES.—Not later than 2 

5 years after the date on which an eligible entity re6 ceives a SMART grant, and annually thereafter until 

7 the date on which the SMART grant is expended, 

8 the eligible entity shall submit to the Secretary an 

9 implementation report that describes— 

10 (A) the deployment and operational costs 

11 of each eligible project carried out by the eligi12 ble entity, as compared to the benefits and sav13 ings from the eligible project; and 

14 (B) the means by which each eligible 

15 project carried out by the eligible entity has 

16 met the original expectation, as projected in the 

17 SMART grant application, including— 

18 (i) data describing the means by 

19 which the eligible project met the specific 

20 goals for the project, such as— 

21 (I) reducing traffic-related fatali22 ties and injuries; 

23 (II) reducing traffic congestion 

24 or improved travel-time reliability; 


pamtmann on DSKBC07HB2PROD with BILLS
468 

•S 2016 IS

1 (III) providing the public with 

2 access to real-time integrated traffic, 

3 transit, and multimodal transpor4 tation information to make informed 

5 travel decisions; or 

6 (IV) reducing barriers or im7 proved access to jobs, education, or 

8 various essential services; 

9 (ii) the effectiveness of providing to 

10 the public real-time integrated traffic, 

11 transit, and multimodal transportation in12 formation to make informed travel deci13 sions; and 

14 (iii) lessons learned and recommenda15 tions for future deployment strategies to 

16 optimize transportation efficiency and 

17 multimodal system performance. 

18 (2) GAO.—Not later than 4 years after the 

19 date of enactment of this Act, the Comptroller Gen20 eral of the United States shall conduct, and submit 

21 to the Committee on Commerce, Science, and Trans22 portation of the Senate, the Committee on Energy 

23 and Commerce of the House of Representatives, and 

24 the Committee on Transportation and Infrastructure 

25 of the House of Representatives a report describing 


pamtmann on DSKBC07HB2PROD with BILLS
469 

•S 2016 IS

1 the results of, a review of the SMART grant pro2 gram under this section. 

3 (3) SECRETARY.—Not later than 2 years after 

4 the date on which the initial SMART grants are pro5 vided under this section, the Secretary shall submit 

6 to the Committee on Commerce, Science, and Trans7 portation of the Senate, the Committee on Energy 

8 and Commerce of the House of Representatives, and 

9 the Committee on Transportation and Infrastructure 

10 of the House of Representatives a report that— 

11 (A) describes each eligible entity that re12 ceived a SMART grant; 

13 (B) identifies the amount of each SMART 

14 grant provided; 

15 (C) summarizes the intended uses of each 

16 SMART grant; 

17 (D) describes the effectiveness of recipient 

18 eligible entities in meeting the goals described 

19 in the SMART grant application of the eligible 

20 entity, including an assessment or measurement 

21 of the realized improvements or benefits result22 ing from each SMART grant; and 

23 (E) describes lessons learned and rec24 ommendations for future deployment strategies 


pamtmann on DSKBC07HB2PROD with BILLS
470 

•S 2016 IS

1 to optimize transportation efficiency and 

2 multimodal system performance. 

3 (g) AUTHORIZATION OF APPROPRIATIONS.— 

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

5 appropriated to the Secretary $100,000,000 for each 

6 of the first 5 fiscal years beginning after the date of 

7 enactment of this Act, of which— 

8 (A) not more than 40 percent shall be used 

9 to provide SMART grants for eligible projects 

10 that primarily benefit large communities; 

11 (B) not more than 30 percent shall be pro12 vided for eligible projects that primarily benefit 

13 midsized communities; and 

14 (C) not more than 30 percent shall be used 

15 to provide SMART grants for eligible projects 

16 that primarily benefit rural communities or re17 gional partnerships. 

18 (2) ADMINISTRATIVE COSTS.—Of the amounts 

19 made available under paragraph (1) for each fiscal 

20 year, not more than 2 percent shall be used for ad21 ministrative costs of the Secretary in carrying out 

22 this section. 

23 (3) LIMITATION.—An eligible entity may not 

24 use more than 3 percent of the amount of a SMART 


pamtmann on DSKBC07HB2PROD with BILLS
471 

•S 2016 IS

1 grant for each fiscal year to achieve compliance with 

2 applicable planning and reporting requirements. 

3 (4) AVAILABILITY.—The amounts made avail4 able for a fiscal year pursuant to this subsection 

5 shall be available for obligation during the 2-fiscal6 year period beginning on the first day of the fiscal 

7 year for which the amounts were appropriated. 

8 SEC. 5006. ELECTRIC VEHICLE WORKING GROUP. 

9 (a) DEFINITIONS.—In this section: 

10 (1) SECRETARIES.—The term ‘‘Secretaries’’ 

11 means— 

12 (A) the Secretary; and 

13 (B) the Secretary of Energy. 

14 (2) WORKING GROUP.—The term ‘‘working 

15 group’’ means the electric vehicle working group es16 tablished under subsection (b)(1). 

17 (b) ESTABLISHMENT.— 

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

19 the date of enactment of this Act, the Secretaries 

20 shall jointly establish an electric vehicle working 

21 group to make recommendations regarding the de22 velopment, adoption, and integration of light-, me23 dium-, and heavy-duty electric vehicles into the 

24 transportation and energy systems of the United 

25 States. 


pamtmann on DSKBC07HB2PROD with BILLS
472 

•S 2016 IS

1 (2) MEMBERSHIP.— 

2 (A) IN GENERAL.—The working group 

3 shall be composed of— 

4 (i) the Secretaries (or designees), who 

5 shall be cochairs of the working group; and 

6 (ii) not more than 25 members, to be 

7 appointed by the Secretaries, of whom— 

8 (I) not more than 6 shall be Fed9 eral stakeholders as described in sub10 paragraph (B); and 

11 (II) not more than 19 shall be 

12 non-Federal stakeholders as described 

13 in subparagraph (C). 

14 (B) FEDERAL STAKEHOLDERS.—The 

15 working group— 

16 (i) shall include not fewer than 1 rep17 resentative of each of— 

18 (I) the Department; 

19 (II) the Department of Energy; 

20 (III) the Environmental Protec21 tion Agency; 

22 (IV) the Council on Environ23 mental Quality; and 

24 (V) the General Services Admin25 istration; and 


pamtmann on DSKBC07HB2PROD with BILLS
473 

•S 2016 IS

1 (ii) may include a representative of 

2 any other Federal agency the Secretaries 

3 consider to be appropriate. 

4 (C) NON-FEDERAL STAKEHOLDERS.— 

5 (i) IN GENERAL.—Subject to clause 

6 (ii), the working group— 

7 (I) shall include not fewer than 1 

8 representative of each of— 

9 (aa) a manufacturer of 

10 light-duty electric vehicles or the 

11 relevant components of light-duty 

12 electric vehicles; 

13 (bb) a manufacturer of 

14 medium- and heavy-duty vehicles 

15 or the relevant components of 

16 medium- and heavy-duty electric 

17 vehicles; 

18 (cc) a manufacturer of elec19 tric vehicle batteries; 

20 (dd) an owner, operator, or 

21 manufacturer of electric vehicle 

22 charging equipment; 

23 (ee) the public utility indus24 try; 


pamtmann on DSKBC07HB2PROD with BILLS
474 

•S 2016 IS

1 (ff) a public utility regulator 

2 or association of public utility 

3 regulators; 

4 (gg) the transportation fuel5 ing distribution industry; 

6 (hh) the energy provider in7 dustry; 

8 (ii) the automotive dealing 

9 industry; 

10 (jj) the for-hire passenger 

11 transportation industry; 

12 (kk) an organization rep13 resenting units of local govern14 ment; 

15 (ll) an organization rep16 resenting regional transportation 

17 or planning agencies; 

18 (mm) an organization rep19 resenting State departments of 

20 transportation; 

21 (nn) an organization rep22 resenting State departments of 

23 energy or State energy planners; 


pamtmann on DSKBC07HB2PROD with BILLS
475 

•S 2016 IS

1 (oo) the intelligent transpor2 tation systems and technologies 

3 industry; 

4 (pp) organized labor; 

5 (qq) the trucking industry; 

6 (rr) Tribal governments; and 

7 (ss) the property develop8 ment industry; and 

9 (II) may include a representative 

10 of any other non-Federal stakeholder 

11 that the Secretaries consider to be ap12 propriate. 

13 (ii) REQUIREMENT.—The stake14 holders selected under clause (i) shall, in 

15 the aggregate— 

16 (I) consist of individuals with a 

17 balance of backgrounds, experiences, 

18 and viewpoints; and 

19 (II) include individuals that rep20 resent geographically diverse regions 

21 of the United States, including indi22 viduals representing the perspectives 

23 of rural, urban, and suburban areas. 

24 (3) MEETINGS.— 


pamtmann on DSKBC07HB2PROD with BILLS
476 

•S 2016 IS

1 (A) IN GENERAL.—The working group 

2 shall meet not less frequently than once every 

3 120 days. 

4 (B) REMOTE PARTICIPATION.—A member 

5 of the working group may participate in a meet6 ing of the working group via teleconference or 

7 similar means. 

8 (4) COORDINATION.—In carrying out the duties 

9 of the working group, the working group shall co10 ordinate and consult with any existing Federal inter11 agency working groups on fleet conversion or other 

12 similar matters relating to electric vehicles. 

13 (c) REPORTS AND STRATEGY ON ELECTRIC VEHICLE

14 ADOPTION.— 

15 (1) WORKING GROUP REPORTS.—The working 

16 group shall complete by each of the deadlines de17 scribed in paragraph (2) a report describing the sta18 tus of electric vehicle adoption including— 

19 (A) a description of the barriers and op20 portunities to scaling up electric vehicle adop21 tion throughout the United States, including 

22 recommendations for issues relating to— 

23 (i) consumer behavior; 

24 (ii) charging infrastructure needs, in25 cluding standardization and cybersecurity; 


pamtmann on DSKBC07HB2PROD with BILLS
477 

•S 2016 IS

1 (iii) manufacturing and battery costs, 

2 including the raw material shortages for 

3 batteries and electric motor magnets; 

4 (iv) the adoption of electric vehicles 

5 for low- and moderate-income individuals 

6 and underserved communities, including 

7 charging infrastructure access and vehicle 

8 purchase financing; 

9 (v) business models for charging per10 sonal electric vehicles outside the home, in11 cluding wired and wireless charging; 

12 (vi) charging infrastructure permit13 ting and regulatory issues; 

14 (vii) the connections between housing 

15 and transportation costs and emissions; 

16 (viii) freight transportation, including 

17 local, port and drayage, regional, and long18 haul trucking; 

19 (ix) intercity passenger travel; 

20 (x) the process by which governments 

21 collect a user fee for the contribution of 

22 electric vehicles to funding roadway im23 provements; 

24 (xi) State- and local-level policies, in25 centives, and zoning efforts; 


pamtmann on DSKBC07HB2PROD with BILLS
478 

•S 2016 IS

1 (xii) the installation of highway cor2 ridor signage; 

3 (xiii) secondary markets and recycling 

4 for batteries; 

5 (xiv) grid capacity and integration; 

6 (xv) energy storage; and 

7 (xvi) specific regional or local issues 

8 that may not appear to apply throughout 

9 the United States, but may hamper nation10 wide adoption or coordination of electric 

11 vehicles; 

12 (B) examples of successful public and pri13 vate models and demonstration projects that 

14 encourage electric vehicle adoption; 

15 (C) an analysis of current efforts to over16 come the barriers described in subparagraph 

17 (A); 

18 (D) an analysis of the estimated costs and 

19 benefits of any recommendations of the working 

20 group; and 

21 (E) any other topics, as determined by the 

22 working group. 

23 (2) DEADLINES.—A report under paragraph 

24 (1) shall be submitted to the Secretaries, the Com25 mittees on Commerce, Science, and Transportation 


pamtmann on DSKBC07HB2PROD with BILLS
479 

•S 2016 IS

1 and Appropriations of the Senate and the Commit2 tees on Transportation and Infrastructure and Ap3 propriations of the House of Representatives— 

4 (A) in the case of the first report, by not 

5 later than 18 months after the date on which 

6 the working group is established under sub7 section (b)(1); 

8 (B) in the case of the second report, by not 

9 later than 2 years after the date on which the 

10 first report is required to be submitted under 

11 subparagraph (A); and 

12 (C) in the case of the third report, by not 

13 later than 2 years after the date on which the 

14 second report is required to be submitted under 

15 subparagraph (B). 

16 (3) STRATEGY.— 

17 (A) IN GENERAL.—Based on the reports 

18 submitted by the working group under para19 graph (1), the Secretaries shall jointly develop, 

20 maintain, and update a strategy that describes 

21 the means by which the Federal Government, 

22 States, units of local government, and industry 

23 can— 

24 (i) establish quantitative targets for 

25 transportation electrification; 


pamtmann on DSKBC07HB2PROD with BILLS
480 

•S 2016 IS

1 (ii) overcome the barriers described in 

2 paragraph (1)(A); 

3 (iii) identify areas of opportunity in 

4 research and development to improve bat5 tery manufacturing, mineral mining, recy6 cling costs, material recovery, fire risks, 

7 and battery performance for electric vehi8 cles; 

9 (iv) enhance Federal interagency co10 ordination to promote electric vehicle adop11 tion; 

12 (v) prepare the workforce for the 

13 adoption of electric vehicles, including 

14 through collaboration with labor unions, 

15 educational institutions, and relevant man16 ufacturers; 

17 (vi) expand electric vehicle and charg18 ing infrastructure; 

19 (vii) expand knowledge of the benefits 

20 of electric vehicles among the general pub21 lic; 

22 (viii) maintain the global competitive23 ness of the United States in the electric ve24 hicle and charging infrastructure markets; 


pamtmann on DSKBC07HB2PROD with BILLS
481 

•S 2016 IS

1 (ix) provide clarity in regulations to 

2 improve national uniformity with respect to 

3 electric vehicles; and 

4 (x) ensure the sustainable integration 

5 of electric vehicles into the national electric 

6 grid. 

7 (B) NOTICE AND COMMENT.—In carrying 

8 out subparagraph (A), the Secretaries shall pro9 vide public notice and opportunity for comment 

10 on the strategy described in that subparagraph. 

11 (4) INFORMATION.— 

12 (A) IN GENERAL.—The Secretaries may 

13 enter into an agreement with the Transpor14 tation Research Board of the National Acad15 emies of Sciences, Engineering, and Medicine to 

16 provide, track, or report data, information, or 

17 research to assist the working group in carrying 

18 out paragraph (1). 

19 (B) USE OF EXISTING INFORMATION.—In 

20 developing a report under paragraph (1) or a 

21 strategy under paragraph (3), the Secretaries 

22 and the working group shall take into consider23 ation existing Federal, State, local, private sec24 tor, and academic data and information relating 

25 to electric vehicles and, to the maximum extent 


pamtmann on DSKBC07HB2PROD with BILLS
482 

•S 2016 IS

1 practicable, coordinate with the entities that 

2 publish that information— 

3 (i) to prevent duplication of efforts by 

4 the Federal Government; and 

5 (ii) to leverage existing information 

6 and complementary efforts. 

7 (d) COORDINATION.—To the maximum extent prac8 ticable, the Secretaries and the working group shall carry 

9 out this section using all available existing resources, 

10 websites, and databases of Federal agencies, such as— 

11 (1) the Alternative Fuels Data Center; 

12 (2) the Energy Efficient Mobility Systems pro13 gram; and 

14 (3) the Clean Cities Coalition Network. 

15 SEC. 5007. RISK AND SYSTEM RESILIENCE. 

16 (a) IN GENERAL.—The Secretary, in consultation 

17 with appropriate Federal, State, and local agencies, shall 

18 develop a process for quantifying annual risk in order to 

19 increase system resilience with respect to the surface 

20 transportation system of the United States by meas21 uring— 

22 (1) resilience to threat probabilities by type of 

23 hazard and geographical location; 

24 (2) resilience to asset vulnerabilities with re25 spect to each applicable threat; and 


pamtmann on DSKBC07HB2PROD with BILLS
483 

•S 2016 IS

1 (3) anticipated consequences from each applica2 ble threat to each asset. 

3 (b) USE BY STATE, REGIONAL, TRIBAL, AND LOCAL

4 ENTITIES.— 

5 (1) IN GENERAL.—The Secretary shall provide 

6 the process developed under subsection (a) to State 

7 departments of transportation, metropolitan plan8 ning organizations, Indian Tribes, local govern9 ments, and other relevant entities. 

10 (2) GUIDANCE AND TECHNICAL ASSISTANCE.— 

11 The Secretary shall provide to the entities described 

12 in paragraph (1) guidance and technical assistance 

13 on the use of the process referred to in that para14 graph. 

15 (c) RESEARCH.— 

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

17 (A) identify and support fundamental re18 search to develop a framework and quantitative 

19 models to support compilation of information 

20 for risk-based analysis of transportation assets 

21 by standardizing the basis for quantifying an22 nual risk and increasing system resilience; and 

23 (B) build on existing resilience research, 

24 including studies conducted by— 


pamtmann on DSKBC07HB2PROD with BILLS
484 

•S 2016 IS

1 (i) the Transportation Research 

2 Board of the National Academies of 

3 Sciences, Engineering, and Medicine; and 

4 (ii) the National Institute of Stand5 ards and Technology. 

6 (2) USE OF EXISTING FACILITIES.—In carrying 

7 out paragraph (1), the Secretary shall use existing 

8 research facilities available to the Secretary, includ9 ing the Turner–Fairbank Highway Research Center 

10 and University Transportation Centers established 

11 under section 5505 of title 49, United States Code. 

12 SEC. 5008. COORDINATION ON EMERGING TRANSPOR13 TATION TECHNOLOGY. 

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

15 49, United States Code, is amended by adding at the end 

16 the following: 

17 ‘‘§ 313. Nontraditional and Emerging Transportation 

18 Technology Council 

19 ‘‘(a) ESTABLISHMENT.—Not later than 180 days 

20 after the date of enactment of this section, the Secretary 

21 of Transportation (referred to in this section as the ‘Sec22 retary’) shall establish a council, to be known as the ‘Non23 traditional and Emerging Transportation Technology 

24 Council’ (referred to in this section as the ‘Council’), to 


pamtmann on DSKBC07HB2PROD with BILLS
485 

•S 2016 IS

1 address coordination on emerging technology issues across 

2 all modes of transportation. 

3 ‘‘(b) MEMBERSHIP.— 

4 ‘‘(1) IN GENERAL.—The Council shall be com5 posed of— 

6 ‘‘(A) the Secretary, who shall serve as an 

7 ex officio member of the Council; 

8 ‘‘(B) the Deputy Secretary of Transpor9 tation; 

10 ‘‘(C) the Under Secretary of Transpor11 tation for Policy; 

12 ‘‘(D) the Assistant Secretary for Research 

13 and Technology of the Department of Trans14 portation; 

15 ‘‘(E) the Assistant Secretary for Budget 

16 and Programs of the Department of Transpor17 tation; 

18 ‘‘(F) the General Counsel of the Depart19 ment of Transportation; 

20 ‘‘(G) the Chief Information Officer of the 

21 Department of Transportation; 

22 ‘‘(H) the Administrator of the Federal 

23 Aviation Administration; 

24 ‘‘(I) the Administrator of the Federal 

25 Highway Administration; 


pamtmann on DSKBC07HB2PROD with BILLS
486 

•S 2016 IS

1 ‘‘(J) the Administrator of the Federal 

2 Motor Carrier Safety Administration; 

3 ‘‘(K) the Administrator of the Federal 

4 Railroad Administration; 

5 ‘‘(L) the Administrator of the Federal 

6 Transit Administration; 

7 ‘‘(M) the Administrator of the Maritime 

8 Administration; 

9 ‘‘(N) the Administrator of the National 

10 Highway Traffic Safety Administration; 

11 ‘‘(O) the Administrator of the Pipeline and 

12 Hazardous Materials Safety Administration; 

13 and 

14 ‘‘(P) any other official of the Department 

15 of Transportation, as determined by the Sec16 retary. 

17 ‘‘(2) CHAIR AND VICE CHAIR.— 

18 ‘‘(A) CHAIR.—The Deputy Secretary of 

19 Transportation (or a designee) shall serve as 

20 Chair of the Council. 

21 ‘‘(B) VICE CHAIR.—The Under Secretary 

22 of Transportation for Policy (or a designee) 

23 shall serve as Vice Chair of the Council. 

24 ‘‘(c) DUTIES.—The Council shall— 


pamtmann on DSKBC07HB2PROD with BILLS
487 

•S 2016 IS

1 ‘‘(1) identify and resolve jurisdictional and reg2 ulatory gaps or inconsistencies associated with non3 traditional and emerging transportation tech4 nologies, modes, or projects pending or brought be5 fore the Department of Transportation to reduce, to 

6 the maximum extent practicable, impediments to the 

7 prompt and safe deployment of new and innovative 

8 transportation technology, including with respect 

9 to— 

10 ‘‘(A) safety oversight; 

11 ‘‘(B) environmental review; and 

12 ‘‘(C) funding and financing issues; 

13 ‘‘(2) coordinate the response of the Department 

14 of Transportation to nontraditional and emerging 

15 transportation technology projects; 

16 ‘‘(3) engage with stakeholders in nontraditional 

17 and emerging transportation technology projects; 

18 and 

19 ‘‘(4) develop and establish Department of 

20 Transportation-wide processes, solutions, and best 

21 practices for identifying and managing nontradi22 tional and emerging transportation technology 

23 projects. 

24 ‘‘(d) BEST PRACTICES.—Not later than 1 year after 

25 the date of enactment of this section, the Council shall— 


pamtmann on DSKBC07HB2PROD with BILLS
488 

•S 2016 IS

1 ‘‘(1) publish initial guidelines to achieve the 

2 purposes described in subsection (c)(4); and 

3 ‘‘(2) promote each modal administration within 

4 the Department of Transportation to further test 

5 and support the advancement of nontraditional and 

6 emerging transportation technologies not specifically 

7 considered by the Council. 

8 ‘‘(e) SUPPORT.—The Office of the Secretary shall 

9 provide support for the Council. 

10 ‘‘(f) MEETINGS.—The Council shall meet not less fre11 quently than 4 times per year, at the call of the Chair. 

12 ‘‘(g) LEAD MODAL ADMINISTRATION.—For each 

13 nontraditional or emerging transportation technology, 

14 mode, or project associated with a jurisdictional or regu15 latory gap or inconsistency identified under subsection 

16 (c)(1), the Chair of the Council shall— 

17 ‘‘(1) designate a lead modal administration of 

18 the Department of Transportation for review of the 

19 technology, mode, or project; and 

20 ‘‘(2) arrange for the detailing of staff between 

21 modal administrations or offices of the Department 

22 of Transportation as needed to maximize the sharing 

23 of experience and expertise. 

24 ‘‘(h) TRANSPARENCY.—Not later than 1 year after 

25 the date of establishment of the Council, and not less freVerDate Sep 11 2014 21:39 Jun 14, 2021 Jkt 019200 PO 00000 Frm 00488 Fmt 6652 Sfmt 6201 E:\BILLS\S2016.IS S2016

pamtmann on DSKBC07HB2PROD with BILLS
489 

•S 2016 IS

1 quently than annually thereafter until December 31, 2026, 

2 the Council shall post on a publicly accessible website a 

3 report describing the activities of the Council during the 

4 preceding calendar year.’’. 

5 (b) CLERICAL AMENDMENT.—The analysis for sub6 chapter I of chapter 3 of title 49, United States Code, 

7 is amended by adding at the end the following: 

‘‘313. Nontraditional and Emerging Transportation Technology Council.’’. 

8 SEC. 5009. INTERAGENCY INFRASTRUCTURE PERMITTING 

9 IMPROVEMENT CENTER. 

10 (a) IN GENERAL.—Section 102 of title 49, United 

11 States Code, is amended— 

12 (1) in subsection (a), by inserting ‘‘(referred to 

13 in this section as the ‘Department’)’’ after ‘‘Trans14 portation’’; 

15 (2) in subsection (b), in the first sentence, by 

16 inserting ‘‘(referred to in this section as the ‘Sec17 retary’)’’ after ‘‘Transportation’’; 

18 (3) in subsection (f)(1), by striking ‘‘of Trans19 portation’’ each place it appears; 

20 (4) by redesignating subsection (h) as sub21 section (i); and 

22 (5) by inserting after subsection (g) the fol23 lowing: 

24 ‘‘(h) INTERAGENCY INFRASTRUCTURE PERMITTING

25 IMPROVEMENT CENTER.— 


pamtmann on DSKBC07HB2PROD with BILLS
490 

•S 2016 IS

1 ‘‘(1) DEFINITIONS.—In this subsection: 

2 ‘‘(A) CENTER.—The term ‘Center’ means 

3 the Interagency Infrastructure Permitting Im4 provement Center established by paragraph (2). 

5 ‘‘(B) PROJECT.—The term ‘project’ means 

6 a project authorized or funded under— 

7 ‘‘(i) this title; or 

8 ‘‘(ii) title 14, 23, 46, or 51. 

9 ‘‘(2) ESTABLISHMENT.—There is established 

10 within the Office of the Secretary a center, to be 

11 known as the ‘Interagency Infrastructure Permitting 

12 Improvement Center’. 

13 ‘‘(3) PURPOSES.—The purposes of the Center 

14 shall be— 

15 ‘‘(A) to implement reforms to improve 

16 interagency coordination and expedite projects 

17 relating to the permitting and environmental re18 view of major transportation infrastructure 

19 projects, including— 

20 ‘‘(i) developing and deploying informa21 tion technology tools to track project 

22 schedules and metrics; and 

23 ‘‘(ii) improving the transparency and 

24 accountability of the permitting process; 


pamtmann on DSKBC07HB2PROD with BILLS
491 

•S 2016 IS

1 ‘‘(B)(i) to identify appropriate methods to 

2 assess environmental impacts; and 

3 ‘‘(ii) to develop innovative methods for rea4 sonable mitigation; 

5 ‘‘(C) to reduce uncertainty and delays with 

6 respect to environmental reviews and permit7 ting; and 

8 ‘‘(D) to reduce costs and risks to taxpayers 

9 in project delivery. 

10 ‘‘(4) EXECUTIVE DIRECTOR.—The Center shall 

11 be headed by an Executive Director, who shall— 

12 ‘‘(A) report to the Under Secretary of 

13 Transportation for Policy; 

14 ‘‘(B) be responsible for the management 

15 and oversight of the daily activities, decisions, 

16 operations, and personnel of the Center; and 

17 ‘‘(C) carry out such additional duties as 

18 the Secretary may prescribe. 

19 ‘‘(5) DUTIES.—The Center shall carry out the 

20 following duties: 

21 ‘‘(A) Coordinate and support implementa22 tion of priority reform actions for Federal agen23 cy permitting and reviews. 

24 ‘‘(B) Support modernization efforts at the 

25 operating administrations within the DepartVerDate Sep 11 2014 21:39 Jun 14, 2021 Jkt 019200 PO 00000 Frm 00491 Fmt 6652 Sfmt 6201 E:\BILLS\S2016.IS S2016

pamtmann on DSKBC07HB2PROD with BILLS
492 

•S 2016 IS

1 ment and interagency pilot programs relating to 

2 innovative approaches to the permitting and re3 view of transportation infrastructure projects. 

4 ‘‘(C) Provide technical assistance and 

5 training to Department staff on policy changes, 

6 innovative approaches to project delivery, and 

7 other topics, as appropriate. 

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

9 for timeliness of permit reviews, permit deci10 sions, and project outcomes. 

11 ‘‘(E) Administer and expand the use of on12 line transparency tools providing for— 

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

14 ‘‘(ii) development and posting of 

15 schedules for permit reviews and permit 

16 decisions; 

17 ‘‘(iii) the sharing of best practices re18 lating to efficient project permitting and 

19 reviews; and 

20 ‘‘(iv) the visual display of relevant 

21 geospatial data to support the permitting 

22 process. 

23 ‘‘(F) Submit to the Secretary reports de24 scribing progress made toward achieving— 


pamtmann on DSKBC07HB2PROD with BILLS
493 

•S 2016 IS

1 ‘‘(i) greater efficiency in permitting 

2 decisions and review of infrastructure 

3 projects; and 

4 ‘‘(ii) better outcomes for communities 

5 and the environment. 

6 ‘‘(6) INNOVATIVE BEST PRACTICES.— 

7 ‘‘(A) IN GENERAL.—The Center shall work 

8 with the operating administrations within the 

9 Department, eligible entities, and other public 

10 and private interests to develop and promote 

11 best practices for innovative project delivery. 

12 ‘‘(B) ACTIVITIES.—The Center shall sup13 port the Department and operating administra14 tions in conducting environmental reviews and 

15 permitting, together with project sponsor tech16 nical assistance activities, by— 

17 ‘‘(i) carrying out activities that are 

18 appropriate and consistent with the goals 

19 and policies of the Department to improve 

20 the delivery timelines for projects; 

21 ‘‘(ii) serving as the Department liai22 son to— 

23 ‘‘(I) the Council on Environ24 mental Quality; and 


pamtmann on DSKBC07HB2PROD with BILLS
494 

•S 2016 IS

1 ‘‘(II) the Federal Permitting Im2 provement Steering Council estab3 lished by section 41002(a) of the Fix4 ing America’s Surface Transportation 

5 Act (42 U.S.C. 4370m–1(a)); 

6 ‘‘(iii) supporting the National Surface 

7 Transportation and Innovative Finance 

8 Bureau (referred to in this paragraph as 

9 the ‘Bureau’) in implementing activities to 

10 improve delivery timelines, as described in 

11 section 116(f), for projects carried out 

12 under the programs described in section 

13 116(d)(1) for which the Bureau admin14 isters the application process; 

15 ‘‘(iv) leading activities to improve de16 livery timelines for projects carried out 

17 under programs not administered by the 

18 Bureau by— 

19 ‘‘(I) coordinating efforts to im20 prove the efficiency and effectiveness 

21 of the environmental review and per22 mitting process; 

23 ‘‘(II) providing technical assist24 ance and training to field and head25 quarters staff of Federal agencies 


pamtmann on DSKBC07HB2PROD with BILLS
495 

•S 2016 IS

1 with respect to policy changes and in2 novative approaches to the delivery of 

3 projects; and 

4 ‘‘(III) identifying, developing, 

5 and tracking metrics for permit re6 views and decisions by Federal agen7 cies for projects under the National 

8 Environmental Policy Act of 1969 (42 

9 U.S.C. 4321 et seq.). 

10 ‘‘(C) NEPA COMPLIANCE ASSISTANCE.— 

11 ‘‘(i) IN GENERAL.—Subject to clause 

12 (ii), at the request of an entity that is car13 rying out a project, the Center, in coordi14 nation with the appropriate operating ad15 ministrations within the Department, shall 

16 provide technical assistance relating to 

17 compliance with the applicable require18 ments of the National Environmental Pol19 icy Act of 1969 (42 U.S.C. 4321 et seq.) 

20 and applicable Federal authorizations. 

21 ‘‘(ii) ASSISTANCE FROM THE BU22 REAU.—For projects carried out under the 

23 programs described in section 116(d)(1) 

24 for which the Bureau administers the ap25 plication process, the Bureau, on request 


pamtmann on DSKBC07HB2PROD with BILLS
496 

•S 2016 IS

1 of the entity carrying out the project, shall 

2 provide the technical assistance described 

3 in clause (i).’’. 

4 (b) CONFORMING AMENDMENT.—Section 116(f)(2) 

5 of title 49, United States Code, is amended— 

6 (1) by striking subparagraph (A); and 

7 (2) by redesignating subparagraphs (B) 

8 through (D) and subparagraphs (A) through (C), re9 spectively. 

10 SEC. 5010. RURAL OPPORTUNITIES TO USE TRANSPOR11 TATION FOR ECONOMIC SUCCESS INITIATIVE. 

12 (a) DEFINITIONS.—In this section: 

13 (1) BUILD AMERICA BUREAU.—The term 

14 ‘‘Build America Bureau’’ means the National Sur15 face Transportation and Innovative Finance Bureau 

16 established under section 116 of title 49, United 

17 States Code. 

18 (2) ROUTES COUNCIL.—The term ‘‘ROUTES 

19 Council’’ means the Rural Opportunities to Use 

20 Transportation for Economic Success Council estab21 lished by subsection (c)(1). 

22 (3) ROUTES OFFICE.—The term ‘‘ROUTES 

23 Office’’ means the Rural Opportunities to Use 

24 Transportation for Economic Success Office estab25 lished by subsection (b)(1). 


pamtmann on DSKBC07HB2PROD with BILLS
497 

•S 2016 IS

1 (b) ROUTES OFFICE.— 

2 (1) IN GENERAL.—The Secretary shall establish 

3 within the Department the Rural Opportunities to 

4 Use Transportation for Economic Success Office— 

5 (A) to improve analysis of projects from 

6 rural areas, federally recognized Indian Tribes, 

7 and historically disadvantaged communities in 

8 rural or Tribal areas applying for Department 

9 discretionary grants, including ensuring that 

10 project costs, local resources, and the larger 

11 benefits to the people and the economy of the 

12 United States are appropriately considered; and 

13 (B) to provide rural communities, federally 

14 recognized Indian Tribes, and historically dis15 advantaged communities in rural or Tribal 

16 areas with technical assistance for meeting the 

17 transportation infrastructure investment needs 

18 of the United States in a financially sustainable 

19 manner. 

20 (2) OBJECTIVES.—The ROUTES Office shall— 

21 (A) collect input from knowledgeable enti22 ties and the public on— 

23 (i) the benefits of rural and Tribal 

24 transportation projects; 


pamtmann on DSKBC07HB2PROD with BILLS
498 

•S 2016 IS

1 (ii) the technical and financial assist2 ance required for constructing and oper3 ating rural and Tribal transportation in4 frastructure and services; 

5 (iii) barriers and opportunities to 

6 funding rural and Tribal transportation 

7 projects; 

8 (iv) unique transportation barriers 

9 and challenges facing historically disadvan10 taged communities in rural and Tribal 

11 areas; and 

12 (v) unique environmental transpor13 tation issues for rural and Tribal commu14 nities; 

15 (B) evaluate data on rural and Tribal 

16 transportation challenges and determining 

17 methods to align the discretionary funding and 

18 financing opportunities of the Department with 

19 the needs of those communities for meeting na20 tional transportation goals; and 

21 (C) educate rural communities and Tribal 

22 communities about applicable Department dis23 cretionary grants, develop effective methods to 

24 evaluate projects in those communities in disVerDate Sep 11 2014 21:39 Jun 14, 2021 Jkt 019200 PO 00000 Frm 00498 Fmt 6652 Sfmt 6201 E:\BILLS\S2016.IS S2016

pamtmann on DSKBC07HB2PROD with BILLS
499 

•S 2016 IS

1 cretionary grant programs, and communicate 

2 those methods through program guidance. 

3 (c) ROUTES COUNCIL.— 

4 (1) IN GENERAL.—The Secretary shall establish 

5 a Rural Opportunities to Use Transportation for 

6 Economic Success Council— 

7 (A) to organize, guide, and lead the 

8 ROUTES Office; and 

9 (B) to coordinate rural-related and Tribal10 related funding programs and assistance among 

11 the modal administrations. 

12 (2) MEMBERSHIP.— 

13 (A) IN GENERAL.—The ROUTES Council 

14 shall be composed of the following officers of 

15 the Department, or their designees: 

16 (i) The Under Secretary of Transpor17 tation for Policy. 

18 (ii) The General Counsel. 

19 (iii) The Chief Financial Officer and 

20 Assistant Secretary for Budget and Pro21 grams. 

22 (iv) The Assistant Secretary for Re23 search and Technology. 

24 (v) The Assistant Secretary for 

25 Multimodal Freight. 


pamtmann on DSKBC07HB2PROD with BILLS
500 

•S 2016 IS

1 (vi) The Administrators of— 

2 (I) the Federal Aviation Adminis3 tration; 

4 (II) the Federal Highway Admin5 istration; 

6 (III) the Federal Railroad Ad7 ministration; and 

8 (IV) the Federal Transit Admin9 istration. 

10 (vii) The Executive Director of the 

11 Build America Bureau. 

12 (viii) The Assistant Secretary of Gov13 ernment Affairs. 

14 (B) CHAIR.—The Under Secretary of 

15 Transportation for Policy shall be the Chair of 

16 the ROUTES Council. 

17 (C) ADDITIONAL MEMBERS.—The Sec18 retary or the Chair of the ROUTES Council 

19 may designate additional members to serve on 

20 the ROUTES Council. 

21 (3) ADDITIONAL MODAL INPUT.—To address 

22 issues related to safety and transport of rural and 

23 Tribal commodities, the ROUTES Council shall con24 sult with the Administrators (or their designees) 

25 of— 


pamtmann on DSKBC07HB2PROD with BILLS
501 

•S 2016 IS

1 (A) the Maritime Administration; 

2 (B) the Great Lakes St. Lawrence Seaway 

3 Development Corporation; and 

4 (C) the National Highway Traffic Safety 

5 Administration. 

6 (4) DUTIES.—Members of the ROUTES Coun7 cil shall— 

8 (A) participate in all meetings and relevant 

9 ROUTES Council activities and be prepared to 

10 share information relevant to rural and Tribal 

11 transportation infrastructure projects and 

12 issues; 

13 (B) provide guidance and leadership on 

14 rural and Tribal transportation infrastructure 

15 issues and represent the work of the ROUTES 

16 Council and the Department on those issues to 

17 external stakeholders; and 

18 (C) recommend initiatives to the Chair of 

19 the ROUTES Council to consider, establish, 

20 and staff any resulting activities or working 

21 groups. 

22 (5) MEETINGS.—The ROUTES Council shall 

23 meet bimonthly. 

24 (6) WORK PRODUCTS AND DELIVERABLES.— 

25 The ROUTES Council may develop work products 


pamtmann on DSKBC07HB2PROD with BILLS
502 

•S 2016 IS

1 or deliverables to meet the goals of the ROUTES 

2 Council, including— 

3 (A) an annual report to Congress describ4 ing ROUTES Council activities for the past 

5 year and expected activities for the coming 

6 year; 

7 (B) any recommendations to enhance the 

8 effectiveness of Department discretionary grant 

9 programs regarding rural and Tribal infrastruc10 ture issues; and 

11 (C) other guides and reports for relevant 

12 groups and the public. 

13 SEC. 5011. ADVANCED TRANSPORTATION TECHNOLOGIES 

14 DEPLOYMENT PROGRAM. 

15 Section 503 of title 23, United States Code, is 

16 amended— 

17 (1) in subsection (a)(2), by striking ‘‘under sec18 tion 508’’ and inserting ‘‘under section 6503 of title 

19 49’’; and 

20 (2) in subsection (c)(4)— 

21 (A) in subparagraph (A), by striking ‘‘and 

22 congestion management’’; 

23 (B) in subparagraph (B)— 


pamtmann on DSKBC07HB2PROD with BILLS
503 

•S 2016 IS

1 (i) by redesignating clauses (i) 

2 through (viii) as clauses (vii) through (xiv), 

3 respectively; 

4 (ii) by inserting before clause (vii) (as 

5 so redesignated) the following: 

6 ‘‘(i) improve the mobility of people 

7 and goods; 

8 ‘‘(ii) reduce congestion; 

9 ‘‘(iii) promote safety; 

10 ‘‘(iv) improve the durability and ex11 tend the life of transportation infrastruc12 ture; 

13 ‘‘(v) preserve the environment; 

14 ‘‘(vi) preserve the existing transpor15 tation system;’’; and 

16 (iii) in clause (xiv) (as so redesig17 nated), by inserting ‘‘vehicle-to-pedes18 trian,’’ after ‘‘vehicle-to-infrastructure,’’; 

19 (C) in subparagraph (C)(ii)— 

20 (i) in subclause (I), by striking ‘‘and 

21 congestion management’’; 

22 (ii) by striking subclause (II); 

23 (iii) by redesignating subclauses (III) 

24 through (V) as subclauses (II) through 

25 (IV), respectively; and 


pamtmann on DSKBC07HB2PROD with BILLS
504 

•S 2016 IS

1 (iv) in subclause (II) (as so redesig2 nated), by striking ‘‘efficiency and reduce 

3 traffic congestion’’; 

4 (D) in subparagraph (E)— 

5 (i) in the matter preceding clause (i), 

6 by striking ‘‘and congestion management’’; 

7 (ii) in clause (viii), by striking ‘‘or’’ at 

8 the end; 

9 (iii) in clause (ix), by striking the pe10 riod at the end and inserting ‘‘; or’’; and 

11 (iv) by adding at the end the fol12 lowing: 

13 ‘‘(x) advanced transportation tech14 nologies, in accordance with the research 

15 areas described in section 6503 of title 

16 49.’’; 

17 (E) in subparagraph (I)(i), by striking 

18 ‘‘2016 through 2020’’ and inserting ‘‘2022 

19 through 2026’’; and 

20 (F) in subparagraph (N)— 

21 (i) in the matter preceding clause (i), 

22 by striking ‘‘, the following definitions 

23 apply’’; 

24 (ii) by striking clause (ii) and insert25 ing the following: 


pamtmann on DSKBC07HB2PROD with BILLS
505 

•S 2016 IS

1 ‘‘(ii) ADVANCED TRANSPORTATION

2 TECHNOLOGY.—The term ‘advanced trans3 portation technology’ means any tech4 nology that improves the efficiency, dura5 bility, sustainability, safety, or state of 

6 good repair of a surface transportation 

7 system.’’; and 

8 (iii) in clause (iii), in the matter pre9 ceding subclause (I), by striking ‘‘a any’’ 

10 and inserting ‘‘any’’. 

11 SEC. 5012. SAFETY DATA INITIATIVE. 

12 (a) DEFINITION OF ELIGIBLE ENTITY.—In this sec13 tion, the term ‘‘eligible entity’’ means— 

14 (1) a State; 

15 (2) a unit of local government; 

16 (3) a transit agency or authority; 

17 (4) a metropolitan planning organization; 

18 (5) any other subdivision of a State or local 

19 government; 

20 (6) an institution of higher education; and 

21 (7) a multi-State or multijurisdictional group. 

22 (b) SAFETY DATA INITIATIVE.— 

23 (1) ESTABLISHMENT.—The Secretary shall es24 tablish an initiative, to be known as the ‘‘Safety 

25 Data Initiative’’, to promote the use of data integraVerDate Sep 11 2014 21:39 Jun 14, 2021 Jkt 019200 PO 00000 Frm 00505 Fmt 6652 Sfmt 6201 E:\BILLS\S2016.IS S2016

pamtmann on DSKBC07HB2PROD with BILLS
506 

•S 2016 IS

1 tion, data visualization, and advanced analytics for 

2 surface transportation safety through the develop3 ment of innovative practices and products for use by 

4 Federal, State, and local entities. 

5 (2) ACTIVITIES.— 

6 (A) APPLIED RESEARCH.— 

7 (i) IN GENERAL.—The Secretary shall 

8 support and carry out applied research to 

9 develop practices and products that will en10 courage the integration and use of tradi11 tional and new sources of safety data and 

12 safety information to improve policy and 

13 decisionmaking at the Federal, State, and 

14 local government levels. 

15 (ii) METHODOLOGY.—In carrying out 

16 clause (i), the Secretary may— 

17 (I) carry out demonstration pro18 grams; 

19 (II) award grants and provide in20 centives to eligible entities; 

21 (III) enter into partnerships 

22 with— 

23 (aa) eligible entities; 

24 (bb) private sector entities; 

25 and 


pamtmann on DSKBC07HB2PROD with BILLS
507 

•S 2016 IS

1 (cc) National Laboratories; 

2 and 

3 (IV) use any other tools, strate4 gies, or methods that will result in the 

5 effective use of data and information 

6 for safety purposes. 

7 (B) TOOLS AND PRACTICES.—In carrying 

8 out subparagraph (A), the Secretary, to the 

9 maximum extent practicable, shall— 

10 (i) develop safety analysis tools for 

11 State and local governments, with a par12 ticular focus on State and local govern13 ments with limited capacity to perform 

14 safety analysis; 

15 (ii)(I) identify innovative State and 

16 local government practices; 

17 (II) incubate those practices for fur18 ther development; and 

19 (III) replicate those practices nation20 wide; and 

21 (iii) transfer to State and local gov22 ernments the results of the applied re23 search carried out under that subpara24 graph. 

25 (C) DATA SHARING.— 


pamtmann on DSKBC07HB2PROD with BILLS
508 

•S 2016 IS

1 (i) IN GENERAL.—To inform the cre2 ation of information useful for safety pol3 icy and decisionmaking, the Secretary 

4 shall— 

5 (I) encourage the sharing of data 

6 between and among Federal, State, 

7 and local transportation agencies; and 

8 (II) leverage data from private 

9 sector entities. 

10 (ii) GOALS.—The goals of the data11 sharing activities under clause (i) shall in12 clude— 

13 (I) the creation of data eco14 systems to reduce barriers to the effi15 cient integration and analysis of rel16 evant datasets for use by safety pro17 fessionals; and 

18 (II) the establishment of proce19 dures adequate to ensure sufficient se20 curity, privacy, and confidentiality as 

21 needed to promote the sharing of sen22 sitive or proprietary data. 

23 (iii) MANAGEMENT OF DATA ECO24 SYSTEMS.—A data ecosystem described in 

25 clause (ii)(I) may be managed by— 


pamtmann on DSKBC07HB2PROD with BILLS
509 

•S 2016 IS

1 (I) the Director of the Bureau of 

2 Transportation Statistics; 

3 (II) 1 or more trusted third par4 ties, as determined by the Secretary; 

5 or 

6 (III) 1 or more other entities or 

7 partnerships capable of securing, 

8 managing, and analyzing sensitive or 

9 proprietary data. 

10 (3) PLAN.— 

11 (A) IN GENERAL.—The Safety Data Initia12 tive shall be carried out pursuant to a plan to 

13 be jointly established by— 

14 (i) the Under Secretary of Transpor15 tation for Policy; 

16 (ii) the Chief Information Officer of 

17 the Department; 

18 (iii) the Administrator of the National 

19 Highway Traffic Safety Administration; 

20 (iv) the Administrator of the Federal 

21 Highway Administration; 

22 (v) the Administrator of the Federal 

23 Motor Carrier Safety Administration; 

24 (vi) the Administrator of the Federal 

25 Transit Administration; and 


pamtmann on DSKBC07HB2PROD with BILLS
510 

•S 2016 IS

1 (vii) the Administrator of the Federal 

2 Railroad Administration. 

3 (B) REQUIREMENT.—The plan established 

4 under subparagraph (A) shall include details re5 garding the means by which tools and innova6 tions developed by projects carried out under 

7 the Safety Data Initiative will be transferred to 

8 the appropriate program of the Department for 

9 further implementation. 

10 (C) DEADLINE.—Not later than 1 year 

11 after the date of enactment of this Act, the Sec12 retary shall direct the officials described in 

13 clauses (i) through (vii) of subparagraph (A) to 

14 establish, by a date determined by the Sec15 retary, the plan referred to in that subpara16 graph. 

17 SEC. 5013. ADVANCED TRANSPORTATION RESEARCH. 

18 (a) IN GENERAL.—Chapter 1 of title 49, United 

19 States Code (as amended by section 1101(a)), is amended 

20 by adding at the end the following: 

21 ‘‘§ 119. Advanced Research Projects Agency–Infra22 structure 

23 ‘‘(a) DEFINITIONS.—In this section: 


pamtmann on DSKBC07HB2PROD with BILLS
511 

•S 2016 IS

1 ‘‘(1) ARPA–I.— The term ‘ARPA–I’ means the 

2 Advanced Research Projects Agency–Infrastructure 

3 established by subsection (b). 

4 ‘‘(2) DEPARTMENT.—The term ‘Department’ 

5 means the Department of Transportation. 

6 ‘‘(3) DIRECTOR.—The term ‘Director’ means 

7 the Director of ARPA–I appointed under subsection 

8 (d). 

9 ‘‘(4) ELIGIBLE ENTITY.—The term ‘eligible en10 tity’ means— 

11 ‘‘(A) a unit of State or local government; 

12 ‘‘(B) an institution of higher education; 

13 ‘‘(C) a commercial entity; 

14 ‘‘(D) a research foundation; 

15 ‘‘(E) a trade or industry research collabo16 rative; 

17 ‘‘(F) a federally funded research and devel18 opment center; 

19 ‘‘(G) a research facility owned or funded 

20 by the Department; 

21 ‘‘(H) a collaborative that includes relevant 

22 international entities; and 

23 ‘‘(I) a consortia of 2 or more entities de24 scribed in any of subparagraphs (A) through 

25 (H). 


pamtmann on DSKBC07HB2PROD with BILLS
512 

•S 2016 IS

1 ‘‘(5) INFRASTRUCTURE.— 

2 ‘‘(A) IN GENERAL.—The term ‘infrastruc3 ture’ means any transportation method or facil4 ity that facilitates the transit of goods or people 

5 within the United States (including territories). 

6 ‘‘(B) INCLUSIONS.—The term ‘infrastruc7 ture’ includes— 

8 ‘‘(i) roads; 

9 ‘‘(ii) highways; 

10 ‘‘(iii) bridges; 

11 ‘‘(iv) airports; 

12 ‘‘(v) rail lines; 

13 ‘‘(vi) harbors; and 

14 ‘‘(vii) pipelines. 

15 ‘‘(6) SECRETARY.—The term ‘Secretary’ means 

16 the Secretary of Transportation. 

17 ‘‘(b) ESTABLISHMENT.—There is established within 

18 the Department an agency, to be known as the ‘Advanced 

19 Research Projects Agency–Infrastructure’, to support the 

20 development of science and technology solutions— 

21 ‘‘(1) to overcome long-term challenges; and 

22 ‘‘(2) to advance the state of the art for United 

23 States transportation infrastructure. 

24 ‘‘(c) GOALS.— 


pamtmann on DSKBC07HB2PROD with BILLS
513 

•S 2016 IS

1 ‘‘(1) IN GENERAL.—The goals of ARPA–I shall 

2 be— 

3 ‘‘(A) to advance the transportation infra4 structure of the United States by developing in5 novative science and technology solutions that— 

6 ‘‘(i) lower the long-term costs of infra7 structure development, including costs of 

8 planning, construction, and maintenance; 

9 ‘‘(ii) reduce the lifecycle impacts of 

10 transportation infrastructure on the envi11 ronment, including through the reduction 

12 of greenhouse gas emissions; 

13 ‘‘(iii) contribute significantly to im14 proving the safe, secure, and efficient 

15 movement of goods and people; and 

16 ‘‘(iv) promote the resilience of infra17 structure from physical and cyber threats; 

18 and 

19 ‘‘(B) to ensure that the United States is a 

20 global leader in developing and deploying ad21 vanced transportation infrastructure tech22 nologies and materials. 

23 ‘‘(2) RESEARCH PROJECTS.—ARPA–I shall 

24 achieve the goals described in paragraph (1) proVerDate Sep 11 2014 21:39 Jun 14, 2021 Jkt 019200 PO 00000 Frm 00513 Fmt 6652 Sfmt 6201 E:\BILLS\S2016.IS S2016

pamtmann on DSKBC07HB2PROD with BILLS
514 

•S 2016 IS

1 viding assistance under this section for infrastruc2 ture research projects that— 

3 ‘‘(A) advance novel, early-stage research 

4 with practicable application to transportation 

5 infrastructure; 

6 ‘‘(B) translate techniques, processes, and 

7 technologies, from the conceptual phase to pro8 totype, testing, or demonstration; 

9 ‘‘(C) develop advanced manufacturing 

10 processes and technologies for the domestic 

11 manufacturing of novel transportation-related 

12 technologies; and 

13 ‘‘(D) accelerate transformational techno14 logical advances in areas in which industry enti15 ties are unlikely to carry out projects due to 

16 technical and financial uncertainty. 

17 ‘‘(d) DIRECTOR.— 

18 ‘‘(1) APPOINTMENT.—ARPA–I shall be headed 

19 by a Director, who shall be appointed by the Presi20 dent, by and with the advice and consent of the Sen21 ate. 

22 ‘‘(2) QUALIFICATIONS.—The Director shall be 

23 an individual who, by reason of professional back24 ground and experience, is especially qualified to ad25 vise the Secretary regarding, and manage research 


pamtmann on DSKBC07HB2PROD with BILLS
515 

•S 2016 IS

1 programs addressing, matters relating to the devel2 opment of science and technology solutions to ad3 vance United States transportation infrastructure. 

4 ‘‘(3) RELATIONSHIP TO SECRETARY.—The Di5 rector shall— 

6 ‘‘(A) be located within the Office of the As7 sistant Secretary for Research and Technology; 

8 and 

9 ‘‘(B) report to the Secretary. 

10 ‘‘(4) RELATIONSHIP TO OTHER PROGRAMS.— 

11 No other program within the Department shall re12 port to the Director. 

13 ‘‘(5) RESPONSIBILITIES.—The responsibilities 

14 of the Director shall include— 

15 ‘‘(A) approving new programs within 

16 ARPA–I; 

17 ‘‘(B) developing funding criteria, and as18 sessing the success of programs, to achieve the 

19 goals described in subsection (c)(1) through the 

20 establishment of technical milestones; 

21 ‘‘(C) administering available funding by 

22 providing to eligible entities assistance to 

23 achieve the goals described in subsection (c)(1); 


pamtmann on DSKBC07HB2PROD with BILLS
516 

•S 2016 IS

1 ‘‘(D) terminating programs carried out 

2 under this section that are not achieving the 

3 goals of the programs; and 

4 ‘‘(E) establishing a process through which 

5 eligible entities can submit to ARPA–I unsolic6 ited research proposals for assistance under this 

7 section in accordance with subsection (f). 

8 ‘‘(e) PERSONNEL.— 

9 ‘‘(1) IN GENERAL.—The Director shall establish 

10 and maintain within ARPA–I a staff with sufficient 

11 qualifications and expertise to enable ARPA–I to 

12 carry out the responsibilities under this section, in 

13 conjunction with other operations of the Depart14 ment. 

15 ‘‘(2) PROGRAM DIRECTORS.— 

16 ‘‘(A) IN GENERAL.—The Director shall 

17 designate employees to serve as program direc18 tors for ARPA–I. 

19 ‘‘(B) RESPONSIBILITIES.—Each program 

20 director shall be responsible for— 

21 ‘‘(i) establishing research and develop22 ment goals for the applicable program, in23 cluding by convening workshops and con24 ferring with outside experts; 


pamtmann on DSKBC07HB2PROD with BILLS
517 

•S 2016 IS

1 ‘‘(ii) publicizing the goals of the appli2 cable program; 

3 ‘‘(iii) soliciting applications for spe4 cific areas of particular promise, especially 

5 in areas that the private sector or the Fed6 eral Government are not likely to carry out 

7 absent assistance from ARPA–I; 

8 ‘‘(iv) establishing research collabora9 tions for carrying out the applicable pro10 gram; 

11 ‘‘(v) selecting on the basis of merit 

12 each project to be supported under the ap13 plicable program, taking into consider14 ation— 

15 ‘‘(I) the novelty and scientific 

16 and technical merit of proposed 

17 projects; 

18 ‘‘(II) the demonstrated capabili19 ties of eligible entities to successfully 

20 carry out proposed projects; 

21 ‘‘(III) the extent to which an eli22 gible entity took into consideration fu23 ture commercial applications of a pro24 posed project, including the feasibility 


pamtmann on DSKBC07HB2PROD with BILLS
518 

•S 2016 IS

1 of partnering with 1 or more commer2 cial entities; and 

3 ‘‘(IV) such other criteria as the 

4 Director may establish; 

5 ‘‘(vi) identifying innovative cost-shar6 ing arrangements for projects carried out 

7 or funded by ARPA–I; 

8 ‘‘(vii) monitoring the progress of 

9 projects supported under the applicable 

10 program; 

11 ‘‘(viii) identifying mechanisms for 

12 commercial application of successful tech13 nology development projects, including 

14 through establishment of partnerships be15 tween eligible entities and commercial enti16 ties; and 

17 ‘‘(ix) as applicable, recommending— 

18 ‘‘(I) program restructuring; or 

19 ‘‘(II) termination of applicable 

20 research partnerships or projects. 

21 ‘‘(C) TERM OF SERVICE.—A program di22 rector— 

23 ‘‘(i) shall serve for a term of 3 years; 

24 and 


pamtmann on DSKBC07HB2PROD with BILLS
519 

•S 2016 IS

1 ‘‘(ii) may be reappointed for any sub2 sequent term of service. 

3 ‘‘(3) HIRING AND MANAGEMENT.— 

4 ‘‘(A) IN GENERAL.—The Director may— 

5 ‘‘(i) make appointments of scientific, 

6 engineering, and professional personnel, 

7 without regard to the civil service laws; 

8 ‘‘(ii) fix the basic pay of such per9 sonnel at such rate as the Director may 

10 determine, but not to exceed level II of the 

11 Executive Schedule, without regard to the 

12 civil service laws; and 

13 ‘‘(iii) pay an employee appointed 

14 under this subparagraph payments in addi15 tion to basic pay, subject to the condition 

16 that the total amount of those additional 

17 payments for any 12-month period shall 

18 not exceed the least of— 

19 ‘‘(I) $25,000; 

20 ‘‘(II) an amount equal to 25 per21 cent of the annual rate of basic pay of 

22 the employee; and 

23 ‘‘(III) the amount of the applica24 ble limitation for a calendar year 

25 under section 5307(a)(1) of title 5. 


pamtmann on DSKBC07HB2PROD with BILLS
520 

•S 2016 IS

1 ‘‘(B) PRIVATE RECRUITING FIRMS.—The 

2 Director may enter into a contract with a pri3 vate recruiting firm for the hiring of qualified 

4 technical staff to carry out this section. 

5 ‘‘(C) ADDITIONAL STAFF.—The Director 

6 may use all authorities available to the Sec7 retary to hire administrative, financial, and 

8 clerical staff, as the Director determines to be 

9 necessary to carry out this section. 

10 ‘‘(f) RESEARCH PROPOSALS.— 

11 ‘‘(1) IN GENERAL.—To be eligible to receive as12 sistance from ARPA–I, an eligible entity may submit 

13 to the Director an unsolicited research proposal at 

14 such time, in such manner, and containing such in15 formation as the Director may require, including a 

16 description of— 

17 ‘‘(A) the extent of current and prior efforts 

18 with respect to the project proposed to be car19 ried out using the assistance, if applicable; and 

20 ‘‘(B) any current or prior investments in 

21 the technology area for which funding is re22 quested, including as described in subsection 

23 (c)(2)(D). 

24 ‘‘(2) REVIEW.—The Director— 


pamtmann on DSKBC07HB2PROD with BILLS
521 

•S 2016 IS

1 ‘‘(A) shall review each unsolicited research 

2 proposal submitted under paragraph (1), taking 

3 into consideration— 

4 ‘‘(i) the novelty and scientific and 

5 technical merit of the research proposal; 

6 ‘‘(ii) the demonstrated capabilities of 

7 the applicant to successfully carry out the 

8 research proposal; 

9 ‘‘(iii) the extent to which the applicant 

10 took into consideration future commercial 

11 applications of the proposed research 

12 project, including the feasibility of 

13 partnering with 1 or more commercial enti14 ties; and 

15 ‘‘(iv) such other criteria as the Direc16 tor may establish; 

17 ‘‘(B) may approve a research proposal if 

18 the Director determines that the research is in 

19 accordance with— 

20 ‘‘(i) the goals described in subsection 

21 (c)(1); or 

22 ‘‘(ii) an applicable transportation re23 search and development strategic plan de24 veloped under section 6503; and 


pamtmann on DSKBC07HB2PROD with BILLS
522 

•S 2016 IS

1 ‘‘(C)(i) if funding is denied for the re2 search proposal, shall provide to the eligible en3 tity that submitted the proposal a written no4 tice of the denial that, as applicable— 

5 ‘‘(I) explains why the research pro6 posal was not selected, including whether 

7 the research proposal fails to cover an area 

8 of need; and 

9 ‘‘(II) recommends that the research 

10 proposal be submitted to another research 

11 program; or 

12 ‘‘(ii) if the research proposal is approved 

13 for funding, shall provide to the eligible entity 

14 that submitted the proposal— 

15 ‘‘(I) a written notice of the approval; 

16 and 

17 ‘‘(II) assistance in accordance with 

18 subsection (g) for the proposed research. 

19 ‘‘(g) FORMS OF ASSISTANCE.—On approval of a re20 search proposal of an eligible entity under subsection 

21 (f)(2)(B), the Director may provide to the eligible entity 

22 assistance in the form of— 

23 ‘‘(1) a grant; 

24 ‘‘(2) a contract; 

25 ‘‘(3) a cooperative agreement; 


pamtmann on DSKBC07HB2PROD with BILLS
523 

•S 2016 IS

1 ‘‘(4) a cash prize; or 

2 ‘‘(5) another, similar form of funding. 

3 ‘‘(h) REPORTS AND ROADMAPS.— 

4 ‘‘(1) ANNUAL REPORTS.—For each fiscal year, 

5 the Director shall provide to the Secretary, for inclu6 sion in the budget request submitted by the Sec7 retary to the President under section 1108 of title 

8 31 for the fiscal year, a report that, with respect to 

9 the preceding fiscal year, describes— 

10 ‘‘(A) the projects that received assistance 

11 from ARPA–I, including— 

12 ‘‘(i) each such project that was funded 

13 as a result of an unsolicited research pro14 posal; and 

15 ‘‘(ii) each such project that examines 

16 topics or technologies closely related to 

17 other activities funded by the Department, 

18 including an analysis of whether the Direc19 tor achieved compliance with subsection 

20 (i)(1) in supporting the project; and 

21 ‘‘(B) the instances of, and reasons for, the 

22 provision of assistance under this section for 

23 any projects being carried out by industry enti24 ties. 


pamtmann on DSKBC07HB2PROD with BILLS
524 

•S 2016 IS

1 ‘‘(2) STRATEGIC VISION ROADMAP.—Not later 

2 than October 1, 2022, and not less frequently than 

3 once every 4 years thereafter, the Director shall sub4 mit to the relevant authorizing and appropriations 

5 committees of Congress a roadmap describing the 

6 strategic vision that ARPA–I will use to guide the 

7 selection of future projects for technology investment 

8 during the 4-fiscal-year period beginning on the date 

9 of submission of the report. 

10 ‘‘(i) COORDINATION AND NONDUPLICATION.—To the 

11 maximum extent practicable, the Director shall ensure 

12 that— 

13 ‘‘(1) the activities of ARPA–I are coordinated 

14 with, and do not duplicate the efforts of, programs 

15 and laboratories within— 

16 ‘‘(A) the Department; and 

17 ‘‘(B) other relevant research agencies; and 

18 ‘‘(2) no funding is provided by ARPA–I for a 

19 project, unless the eligible entity proposing the 

20 project— 

21 ‘‘(A) demonstrates sufficient attempts to 

22 secure private financing; or 

23 ‘‘(B) indicates that the project is not inde24 pendently commercially viable. 


pamtmann on DSKBC07HB2PROD with BILLS
525 

•S 2016 IS

1 ‘‘(j) FEDERAL DEMONSTRATION OF TECH2 NOLOGIES.—The Director shall seek opportunities to part3 ner with purchasing and procurement programs of Federal 

4 agencies to demonstrate technologies resulting from activi5 ties funded through ARPA–I. 

6 ‘‘(k) PARTNERSHIPS.—The Director shall seek op7 portunities to enter into contracts or partnerships with mi8 nority-serving institutions (as described in any of para9 graphs (1) through (7) of section 371(a) of the Higher 

10 Education Act of 1965 (20 U.S.C. 1067q(a)))— 

11 ‘‘(1) to accomplish the goals of ARPA–I; 

12 ‘‘(2) to develop institutional capacity in ad13 vanced transportation infrastructure technologies 

14 and materials; 

15 ‘‘(3) to engage underserved populations in de16 veloping, demonstrating, and deploying those tech17 nologies and materials; and 

18 ‘‘(4) to otherwise address the needs of ARPA– 

19 I. 

20 ‘‘(l) UNIVERSITY TRANSPORTATION CENTERS.—The 

21 Director may— 

22 ‘‘(1) partner with university transportation cen23 ters under section 5505 to accomplish the goals, and 

24 address the needs, of ARPA–I; and 


pamtmann on DSKBC07HB2PROD with BILLS
526 

•S 2016 IS

1 ‘‘(2) sponsor and select for funding, in accord2 ance with section 5505, competitively selected uni3 versity transportation center grants, in addition to 

4 the assistance provided under section 5505, to ad5 dress targeted technology and material goals of 

6 ARPA–I. 

7 ‘‘(m) ADVICE.— 

8 ‘‘(1) ADVISORY COMMITTEES.—The Director 

9 may seek advice regarding any aspect of ARPA–I 

10 from— 

11 ‘‘(A) an existing advisory committee, of12 fice, or other group within the Department; and 

13 ‘‘(B) a new advisory committee organized 

14 to support the programs of ARPA–I by pro15 viding advice and assistance regarding— 

16 ‘‘(i) specific program tasks; or 

17 ‘‘(ii) the overall direction of ARPA–I. 

18 ‘‘(2) ADDITIONAL SOURCES.—In carrying out 

19 this section, the Director may seek advice and review 

20 from— 

21 ‘‘(A) the President’s Council of Advisors 

22 on Science and Technology; 

23 ‘‘(B) the Advanced Research Projects 

24 Agency–Energy; and 


pamtmann on DSKBC07HB2PROD with BILLS
527 

•S 2016 IS

1 ‘‘(C) any professional or scientific organi2 zation with expertise relating to specific proc3 esses or technologies under development by 

4 ARPA–I. 

5 ‘‘(n) EVALUATION.— 

6 ‘‘(1) IN GENERAL.—Not later than December 

7 27, 2024, the Secretary may enter into an arrange8 ment with the National Academy of Sciences under 

9 which the National Academy shall conduct an eval10 uation of the achievement by ARPA–I of the goals 

11 described in subsection (c)(1). 

12 ‘‘(2) INCLUSIONS.—The evaluation under para13 graph (1) may include— 

14 ‘‘(A) a recommendation regarding whether 

15 ARPA–I should be continued; 

16 ‘‘(B) a recommendation regarding whether 

17 ARPA–I, or the Department generally, should 

18 continue to allow entities to submit unsolicited 

19 research proposals; and 

20 ‘‘(C) a description of— 

21 ‘‘(i) the lessons learned from the oper22 ation of ARPA–I; and 

23 ‘‘(ii) the manner in which those les24 sons may apply to the operation of other 

25 programs of the Department. 


pamtmann on DSKBC07HB2PROD with BILLS
528 

•S 2016 IS

1 ‘‘(3) AVAILABILITY.—On completion of the 

2 evaluation under paragraph (1), the evaluation shall 

3 be made available to— 

4 ‘‘(A) Congress; and 

5 ‘‘(B) the public. 

6 ‘‘(o) PROTECTION OF INFORMATION.— 

7 ‘‘(1) IN GENERAL.—Each type of information 

8 described in paragraph (2) that is collected by 

9 ARPA–I from eligible entities shall be considered to 

10 be— 

11 ‘‘(A) commercial and financial information 

12 obtained from a person; 

13 ‘‘(B) privileged or confidential; and 

14 ‘‘(C) not subject to disclosure under sec15 tion 552(b)(4) of title 5. 

16 ‘‘(2) DESCRIPTION OF TYPES OF INFORMA17 TION.—The types of information referred to in para18 graph (1) are— 

19 ‘‘(A) information relating to plans for com20 mercialization of technologies developed using 

21 assistance provided under this section, including 

22 business plans, technology-to-market plans, 

23 market studies, and cost and performance mod24 els; 


pamtmann on DSKBC07HB2PROD with BILLS
529 

•S 2016 IS

1 ‘‘(B) information relating to investments 

2 provided to an eligible entity from a third party 

3 (such as a venture capital firm, a hedge fund, 

4 and a private equity firm), including any per5 centage of ownership of an eligible entity pro6 vided in return for such an investment; 

7 ‘‘(C) information relating to additional fi8 nancial support that the eligible entity— 

9 ‘‘(i) plans to invest, or has invested, 

10 in the technology developed using assist11 ance provided under this section; or 

12 ‘‘(ii) is seeking from a third party; 

13 and 

14 ‘‘(D) information relating to revenue from 

15 the licensing or sale of a new product or service 

16 resulting from research conducted using assist17 ance provided under this section. 

18 ‘‘(p) EFFECT ON EXISTING AUTHORITIES.—The au19 thority provided by this section— 

20 ‘‘(1) shall be in addition to any existing author21 ity provided to the Secretary; and 

22 ‘‘(2) shall not supersede or modify any other 

23 existing authority. 

24 ‘‘(q) FUNDING.— 


pamtmann on DSKBC07HB2PROD with BILLS
530 

•S 2016 IS

1 ‘‘(1) AUTHORIZATION OF APPROPRIATIONS.— 

2 There are authorized to be appropriated to the Sec3 retary such sums as are necessary to carry out this 

4 section. 

5 ‘‘(2) SEPARATE BUDGET AND APPROPRIA6 TION.— 

7 ‘‘(A) BUDGET REQUEST.—The budget re8 quest for ARPA–I shall be separate from the 

9 budget request of the remainder of the Depart10 ment. 

11 ‘‘(B) APPROPRIATIONS.—The funding ap12 propriated for ARPA–I shall be separate and 

13 distinct from the funding appropriated for the 

14 remainder of the Department. 

15 ‘‘(3) ALLOCATION.—Of the amounts made 

16 available for a fiscal year under paragraph (1)— 

17 ‘‘(A) not less than 5 percent shall be used 

18 for technology transfer and outreach activi19 ties— 

20 ‘‘(i) in accordance with the goal de21 scribed in subsection (c)(2)(D); and 

22 ‘‘(ii) within the responsibilities of the 

23 program directors described in subsection 

24 (e)(2)(B)(viii); and 


pamtmann on DSKBC07HB2PROD with BILLS
531 

•S 2016 IS

1 ‘‘(B) none may be used for the construc2 tion of any new building or facility during the 

3 5-year period beginning on the date of enact4 ment of the Surface Transportation Investment 

5 Act of 2021.’’. 

6 (b) CLERICAL AMENDMENT.—The analysis for chap7 ter 1 of title 49, United States Code (as amended by sec8 tion 1101(b)), is amended by adding at the end the fol9 lowing: 

‘‘119. Advanced Research Projects Agency–Infrastructure.’’. 

10 SEC. 5014. OPEN RESEARCH INITIATIVE. 

11 (a) IN GENERAL.—Subchapter I of chapter 55 of title 

12 49, United States Code, is amended by adding at the end 

13 the following: 

14 ‘‘§ 5506. Advanced transportation research initiative 

15 ‘‘(a) DEFINITION OF ELIGIBLE ENTITY.—In this sec16 tion, the term ‘eligible entity’ means— 

17 ‘‘(1) a State agency; 

18 ‘‘(2) a local government agency; 

19 ‘‘(3) an institution of higher education (as de20 fined in section 102 of the Higher Education Act of 

21 1965 (20 U.S.C. 1002)), including a university 

22 transportation center established under section 

23 5505; 

24 ‘‘(4) a nonprofit organization, including a non25 profit research organization; and 


pamtmann on DSKBC07HB2PROD with BILLS
532 

•S 2016 IS

1 ‘‘(5) a private sector organization working in 

2 collaboration with an entity described in any of 

3 paragraphs (1) through (4). 

4 ‘‘(b) PILOT PROGRAM.—The Secretary of Transpor5 tation (referred to in this section as the ‘Secretary’) shall 

6 establish an advanced transportation research pilot pro7 gram under which the Secretary— 

8 ‘‘(1) shall establish a process for eligible entities 

9 to submit to the Secretary unsolicited research pro10 posals; and 

11 ‘‘(2) may enter into arrangements with 1 or 

12 more eligible entities to fund research proposed 

13 under paragraph (1), in accordance with this sec14 tion. 

15 ‘‘(c) ELIGIBLE RESEARCH.—The Secretary may 

16 enter into an arrangement with an eligible entity under 

17 this section to fund research that addresses— 

18 ‘‘(1) a research need identified by— 

19 ‘‘(A) the Secretary; or 

20 ‘‘(B) the Administrator of a modal admin21 istration of the Department of Transportation; 

22 or 

23 ‘‘(2) an issue that the Secretary determines to 

24 be important. 

25 ‘‘(d) PROJECT REVIEW.—The Secretary shall— 


pamtmann on DSKBC07HB2PROD with BILLS
533 

•S 2016 IS

1 ‘‘(1) review each research proposal submitted 

2 under the pilot program established under sub3 section (b); and 

4 ‘‘(2)(A) if funding is denied for the research 

5 proposal— 

6 ‘‘(i) provide to the eligible entity that sub7 mitted the proposal a written notice of the de8 nial that, as applicable— 

9 ‘‘(I) explains why the research pro10 posal was not selected, including whether 

11 the research proposal fails to cover an area 

12 of need; and 

13 ‘‘(II) recommends that the research 

14 proposal be submitted to another research 

15 program; and 

16 ‘‘(ii) if the Secretary recommends that the 

17 research proposal be submitted to another re18 search program under clause (i)(II), provide 

19 guidance and direction to— 

20 ‘‘(I) the eligible entity; and 

21 ‘‘(II) the proposed research program 

22 office; or 

23 ‘‘(B) if the research proposal is selected for 

24 funding— 


pamtmann on DSKBC07HB2PROD with BILLS
534 

•S 2016 IS

1 ‘‘(i) provide to the eligible entity that sub2 mitted the proposal a written notice of the se3 lection; and 

4 ‘‘(ii) seek to enter into an arrangement 

5 with the eligible entity to provide funding for 

6 the proposed research. 

7 ‘‘(e) COORDINATION.— 

8 ‘‘(1) IN GENERAL.—To the maximum extent 

9 practicable, the Secretary shall ensure that the ac10 tivities carried out under subsection (c) are coordi11 nated with, and do not duplicate the efforts of, pro12 grams of the Department of Transportation and 

13 other Federal agencies. 

14 ‘‘(2) INTRAAGENCY COORDINATION.—The Sec15 retary shall coordinate the research carried out 

16 under this section with— 

17 ‘‘(A) the research, education, and tech18 nology transfer activities carried out by grant 

19 recipients under section 5505; and 

20 ‘‘(B) the research, development, dem21 onstration, and commercial application activities 

22 of other relevant programs of the Department 

23 of Transportation, including all modal adminis24 trations of the Department. 


pamtmann on DSKBC07HB2PROD with BILLS
535 

•S 2016 IS

1 ‘‘(3) INTERAGENCY COLLABORATION.—The 

2 Secretary shall coordinate, as appropriate, regarding 

3 fundamental research with the potential for applica4 tion in the transportation sector with— 

5 ‘‘(A) the Director of the Office of Science 

6 and Technology Policy; 

7 ‘‘(B) the Director of the National Science 

8 Foundation; 

9 ‘‘(C) the Secretary of Energy; 

10 ‘‘(D) the Director of the National Institute 

11 of Standards and Technology; 

12 ‘‘(E) the Secretary of Homeland Security; 

13 ‘‘(F) the Administrator of the National 

14 Oceanic and Atmospheric Administration; 

15 ‘‘(G) the Secretary of Defense; and 

16 ‘‘(H) the heads of other appropriate Fed17 eral agencies, as determined by the Secretary. 

18 ‘‘(f) REVIEW, EVALUATION, AND REPORT.—Not less 

19 frequently than biennially, in accordance with the plan de20 veloped under section 6503, the Secretary shall— 

21 ‘‘(1) review and evaluate the pilot program es22 tablished under subsection (b), including the re23 search carried out under that pilot program; and 


pamtmann on DSKBC07HB2PROD with BILLS
536 

•S 2016 IS

1 ‘‘(2) make public on a website of the Depart2 ment of Transportation a report describing the re3 view and evaluation under paragraph (1). 

4 ‘‘(g) FEDERAL SHARE.— 

5 ‘‘(1) IN GENERAL.—The Federal share of the 

6 cost of an activity carried out under this section 

7 shall not exceed 80 percent. 

8 ‘‘(2) NON-FEDERAL SHARE.—All costs directly 

9 incurred by the non-Federal partners (including per10 sonnel, travel, facility, and hardware development 

11 costs) shall be credited toward the non-Federal 

12 share of the cost of an activity carried out under 

13 this section. 

14 ‘‘(h) LIMITATION ON CERTAIN EXPENSES.—Of any 

15 amounts made available to carry out this section for a fis16 cal year, the Secretary may use not more than 1.5 percent 

17 for coordination, evaluation, and oversight activities under 

18 this section. 

19 ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—Of the 

20 funds made available to carry out the university transpor21 tation centers program under section 5505, $50,000,000 

22 shall be available to carry out this section for each of fiscal 

23 years 2022 through 2026.’’. 


pamtmann on DSKBC07HB2PROD with BILLS
537 

•S 2016 IS

1 (b) CLERICAL AMENDMENT.—The analysis for sub2 chapter I of chapter 55 of title 49, United States Code, 

3 is amended by adding at the end the following: 

‘‘5506. Advanced transportation research initiative.’’. 

4 SEC. 5015. TRANSPORTATION RESEARCH AND DEVELOP5 MENT 5-YEAR STRATEGIC PLAN. 

6 Section 6503 of title 49, United States Code, is 

7 amended— 

8 (1) in subsection (a), by striking ‘‘The Sec9 retary’’ and inserting ‘‘Not later than 180 days after 

10 the date of publication of the Department of Trans11 portation Strategic Plan and not less frequently 

12 than once every 5 years thereafter, the Secretary’’; 

13 (2) in subsection (b), in the matter preceding 

14 paragraph (1), by striking ‘‘The strategic’’ and in15 serting ‘‘Each strategic’’; 

16 (3) in subsection (c)— 

17 (A) in the matter preceding paragraph (1), 

18 by striking ‘‘The strategic’’ and inserting 

19 ‘‘Each strategic’’; and 

20 (B) in paragraph (1)— 

21 (i) in subparagraph (E), by striking 

22 ‘‘and’’ at the end; 

23 (ii) in subparagraph (F), by adding 

24 ‘‘and’’ after the semicolon at the end; and 


pamtmann on DSKBC07HB2PROD with BILLS
538 

•S 2016 IS

1 (iii) by adding at the end the fol2 lowing: 

3 ‘‘(G) reducing transportation cybersecurity 

4 risks;’’; 

5 (4) in subsection (d)— 

6 (A) in the matter preceding paragraph (1), 

7 by striking ‘‘the strategic’’ and inserting ‘‘each 

8 strategic’’; and 

9 (B) in paragraph (4), by striking ‘‘2016’’ 

10 and inserting ‘‘2021, and not less frequently 

11 than once every 5 years thereafter’’; and 

12 (5) by striking subsection (e). 

13 SEC. 5016. RESEARCH PLANNING MODIFICATIONS. 

14 (a) ANNUAL MODAL RESEARCH PLANS.—Section 

15 6501 of title 49, United States Code, is amended— 

16 (1) in subsection (a)— 

17 (A) by striking paragraph (1) and insert18 ing the following: 

19 ‘‘(1) IN GENERAL.—Not later than June 1 of 

20 each year, the head of each modal administration 

21 and joint program office of the Department of 

22 Transportation shall prepare and submit to the As23 sistant Secretary for Research and Technology of 

24 the Department of Transportation (referred to in 

25 this chapter as the ‘Assistant Secretary’)— 


pamtmann on DSKBC07HB2PROD with BILLS
539 

•S 2016 IS

1 ‘‘(A) a comprehensive annual modal re2 search plan for the following fiscal year; and 

3 ‘‘(B) a detailed outlook for the fiscal year 

4 thereafter.’’; 

5 (B) in paragraph (2), by inserting ‘‘pre6 pared or’’ before ‘‘submitted’’; 

7 (C) by redesignating paragraph (2) as 

8 paragraph (3); and 

9 (D) by inserting after paragraph (1) the 

10 following: 

11 ‘‘(2) REQUIREMENTS.—Each plan under para12 graph (1) shall include— 

13 ‘‘(A) a general description of the strategic 

14 goals of the Department that are addressed by 

15 the research programs being carried out by the 

16 Assistant Secretary or modal administration, as 

17 applicable; 

18 ‘‘(B) a description of each proposed re19 search program, as described in the budget re20 quest submitted by the Secretary of Transpor21 tation to the President under section 1108 of 

22 title 31 for the following fiscal year, including— 

23 ‘‘(i) the major objectives of the pro24 gram; and 


pamtmann on DSKBC07HB2PROD with BILLS
540 

•S 2016 IS

1 ‘‘(ii) the requested amount of funding 

2 for each program and area; 

3 ‘‘(C) a list of activities the Assistant Sec4 retary or modal administration plans to carry 

5 out under the research programs described in 

6 subparagraph (B); 

7 ‘‘(D) an assessment of the potential impact 

8 of the research programs described in subpara9 graph (B), including— 

10 ‘‘(i) potential outputs, outcomes, and 

11 impacts on technologies and practices used 

12 by entities subject to the jurisdiction of the 

13 modal administration; 

14 ‘‘(ii) potential effects on applicable 

15 regulations of the modal administration, 

16 including the modification or moderniza17 tion of those regulations; 

18 ‘‘(iii) potential economic or societal 

19 impacts; and 

20 ‘‘(iv) progress made toward achieving 

21 strategic goals of— 

22 ‘‘(I) the applicable modal admin23 istration; or 

24 ‘‘(II) the Department of Trans25 portation; 


pamtmann on DSKBC07HB2PROD with BILLS
541 

•S 2016 IS

1 ‘‘(E) a description of potential partner2 ships to be established to conduct the research 

3 program, including partnerships with— 

4 ‘‘(i) institutions of higher education; 

5 and 

6 ‘‘(ii) private sector entities; and 

7 ‘‘(F) such other requirements as the As8 sistant Secretary considers to be necessary.’’; 

9 (2) in subsection (b)— 

10 (A) in paragraph (1)— 

11 (i) in the matter preceding subpara12 graph (A), by inserting ‘‘by the head of a 

13 modal administration or joint program of14 fice’’ after ‘‘submitted’’; and 

15 (ii) in subparagraph (B), by striking 

16 clause (ii) and inserting the following: 

17 ‘‘(ii) request that the plan and outlook 

18 be— 

19 ‘‘(I) revised in accordance with 

20 such suggestions as the Assistant Sec21 retary shall include to ensure con22 formity with the criteria described in 

23 paragraph (2); and 

24 ‘‘(II) resubmitted to the Assist25 ant Secretary for approval.’’; 


pamtmann on DSKBC07HB2PROD with BILLS
542 

•S 2016 IS

1 (B) by redesignating paragraphs (2) and 

2 (3) as paragraphs (3) and (4), respectively; 

3 (C) by inserting after paragraph (1) the 

4 following: 

5 ‘‘(2) CRITERIA.—In conducting a review under 

6 paragraph (1)(A), the Assistant Secretary shall, with 

7 respect to the modal research plan that is the sub8 ject of the review— 

9 ‘‘(A) take into consideration whether— 

10 ‘‘(i) the plan contains research objec11 tives that are consistent with the strategic 

12 research and policy objectives of the De13 partment of Transportation included in the 

14 strategic plan required under section 6503; 

15 and 

16 ‘‘(ii) the research programs described 

17 in the plan have the potential to benefit 

18 the safety, mobility, and efficiency of the 

19 United States transportation system; 

20 ‘‘(B) identify and evaluate any potential 

21 opportunities for collaboration between or 

22 among modal administrations with respect to 

23 particular research programs described in the 

24 plan; 


pamtmann on DSKBC07HB2PROD with BILLS
543 

•S 2016 IS

1 ‘‘(C) identify and evaluate whether other 

2 modal administrations may be better suited to 

3 carry out the research programs described in 

4 the plan; 

5 ‘‘(D) assess whether any projects described 

6 in the plan are— 

7 ‘‘(i) duplicative across modal adminis8 trations; or 

9 ‘‘(ii) unnecessary; and 

10 ‘‘(E) take into consideration such other 

11 criteria as the Assistant Secretary determines 

12 to be necessary.’’; and 

13 (D) by adding at the end the following: 

14 ‘‘(5) SAVINGS CLAUSE.—Nothing in this sub15 section limits the ability of the head of a modal ad16 ministration to comply with applicable law.’’; and 

17 (3) in subsection (c), in the matter preceding 

18 paragraph (1), by striking ‘‘subsection (b)(3)’’ and 

19 inserting ‘‘subsection (b)(4). 

20 (b) CONSOLIDATED RESEARCH DATABASE.—Section 

21 6502(a) of title 49, United States Code, is amended by 

22 striking the subsection designation and heading and all 

23 that follows through subparagraph (B) of paragraph (2) 

24 and inserting the following: 

25 ‘‘(a) RESEARCH ABSTRACT DATABASE.— 


pamtmann on DSKBC07HB2PROD with BILLS
544 

•S 2016 IS

1 ‘‘(1) SUBMISSION.—Not later than September 1 

2 of each year, the head of each modal administration 

3 and joint program office of the Department of 

4 Transportation shall submit to the Assistant Sec5 retary, for review and public posting, a description 

6 of each proposed research project to be carried out 

7 during the following fiscal year, including— 

8 ‘‘(A) proposed funding for any new 

9 projects; and 

10 ‘‘(B) proposed additional funding for any 

11 existing projects. 

12 ‘‘(2) PUBLICATION.—Not less frequently than 

13 annually, after receiving the descriptions under para14 graph (1), the Assistant Secretary shall publish on 

15 a public website a comprehensive database including 

16 a description of all research projects conducted by 

17 the Department of Transportation, including re18 search funded through university transportation cen19 ters under section 5505. 

20 ‘‘(3) CONTENTS.—The database published 

21 under paragraph (2) shall— 

22 ‘‘(A) be delimited by research project; and 

23 ‘‘(B) include a description of, with respect 

24 to each research project— 

25 ‘‘(i) research objectives; 


pamtmann on DSKBC07HB2PROD with BILLS
545 

•S 2016 IS

1 ‘‘(ii) the progress made with respect 

2 to the project, including whether the 

3 project is ongoing or complete; 

4 ‘‘(iii) any outcomes of the project, in5 cluding potential implications for policy, 

6 regulations, or guidance issued by a modal 

7 administration or the Department of 

8 Transportation; 

9 ‘‘(iv) any findings of the project; 

10 ‘‘(v) the amount of funds allocated for 

11 the project; and 

12 ‘‘(vi) such other information as the 

13 Assistant Secretary determines to be nec14 essary to address Departmental priorities 

15 and statutory mandates;’’. 

16 SEC. 5017. INCORPORATION OF DEPARTMENT OF TRANS17 PORTATION RESEARCH. 

18 (a) IN GENERAL.—Chapter 65 of title 49, United 

19 States Code, is amended by adding at the end the fol20 lowing: 

21 ‘‘§ 6504. Incorporation of Department of Transpor22 tation research 

23 ‘‘(a) REVIEW.—Not later than December 31, 2021, 

24 and not less frequently than once every 5 years thereafter, 


pamtmann on DSKBC07HB2PROD with BILLS
546 

•S 2016 IS

1 in concurrence with the applicable strategic plan under 

2 section 6503, the Secretary of Transportation shall— 

3 ‘‘(1) conduct a review of research conducted by 

4 the Department of Transportation; and 

5 ‘‘(2) to the maximum extent practicable and ap6 propriate, identify modifications to laws, regulations, 

7 guidance, and other policy documents to incorporate 

8 any innovations resulting from the research de9 scribed in paragraph (1) that have the potential to 

10 improve the safety or efficiency of the United States 

11 transportation system. 

12 ‘‘(b) REQUIREMENTS.—In conducting a review under 

13 subsection (a), the Secretary of Transportation shall— 

14 ‘‘(1) identify any innovative practices, mate15 rials, or technologies that have demonstrable benefits 

16 to the transportation system; 

17 ‘‘(2) determine whether the practices, materials, 

18 or technologies described in paragraph (1) require 

19 any statutory or regulatory modifications for adop20 tion; and 

21 ‘‘(3)(A) if modifications are determined to be 

22 required under paragraph (2), develop— 

23 ‘‘(i) a proposal for those modifications; and 

24 ‘‘(ii) a description of the manner in which 

25 any such regulatory modifications would be— 


pamtmann on DSKBC07HB2PROD with BILLS
547 

•S 2016 IS

1 ‘‘(I) incorporated into the Unified 

2 Regulatory Agenda; or 

3 ‘‘(II) adopted into existing regulations 

4 as soon as practicable; or 

5 ‘‘(B) if modifications are determined not to be 

6 required under paragraph (2), develop a description 

7 of the means by which the practices, materials, or 

8 technologies described in paragraph (1) will other9 wise be incorporated into Department of Transpor10 tation or modal administration policy or guidance, 

11 including as part of the Technology Transfer Pro12 gram of the Office of the Assistant Secretary for Re13 search and Technology. 

14 ‘‘(c) REPORT.—On completion of each review under 

15 subsection (a), the Secretary of Transportation shall sub16 mit to the appropriate committees of Congress a report 

17 describing, with respect to the period covered by the re18 port— 

19 ‘‘(1) each new practice, material, or technology 

20 identified under subsection (b)(1); and 

21 ‘‘(2) any statutory or regulatory modification 

22 for the adoption of such a practice, material, or 

23 technology that— 

24 ‘‘(A) is determined to be required under 

25 subsection (b)(2); or 


pamtmann on DSKBC07HB2PROD with BILLS
548 

•S 2016 IS

1 ‘‘(B) was otherwise made during that pe2 riod.’’. 

3 (b) CLERICAL AMENDMENT.—The analysis for chap4 ter 65 of title 49, United States Code, is amended by add5 ing at the end the following: 

‘‘6504. Incorporation of Department of Transportation research.’’. 

6 SEC. 5018. UNIVERSITY TRANSPORTATION CENTERS PRO7 GRAM. 

8 Section 5505 of title 49, United States Code, is 

9 amended— 

10 (1) in subsection (a)— 

11 (A) in paragraph (1), by inserting ‘‘of 

12 Transportation, acting through the Assistant 

13 Secretary for Research and Technology (re14 ferred to in this section as the ‘Secretary’),’’ 

15 after ‘‘The Secretary’’; and 

16 (B) in paragraph (2)— 

17 (i) in subparagraph (B), by inserting 

18 ‘‘multimodal’’ after ‘‘critical’’; and 

19 (ii) in subparagraph (C), by inserting 

20 ‘‘with respect to the matters described in 

21 subparagraphs (A) through (G) of section 

22 6503(c)(1)’’ after ‘‘transportation leaders’’; 

23 (2) in subsection (b)— 

24 (A) in paragraph (2)(A), by striking ‘‘for 

25 each of the transportation centers described 


pamtmann on DSKBC07HB2PROD with BILLS
549 

•S 2016 IS

1 under paragraphs (2), (3), and (4) of sub2 section (c)’’ and inserting ‘‘as a lead institution 

3 under this section, except as provided in sub4 paragraph (B)’’; 

5 (B) in paragraph (4)— 

6 (i) in subparagraph (A), by striking 

7 ‘‘identified in chapter 65’’ and inserting 

8 ‘‘described in subparagraphs (A) through 

9 (G) of section 6503(c)(1)’’; and 

10 (ii) in subparagraph (B), in the mat11 ter preceding clause (i), by striking ‘‘the 

12 Assistant Secretary’’ and all that follows 

13 through ‘‘modal administrations’’ and in14 serting ‘‘the heads of the modal adminis15 trations of the Department of Transpor16 tation,’’; and 

17 (C) in paragraph (5)(B), in the matter 

18 preceding clause (i), by striking ‘‘submit’’ and 

19 all that follows through ‘‘of the Senate’’ and in20 serting ‘‘make available to the public on a 

21 website of the Department of Transportation’’; 

22 (3) in subsection (c)(3)(E)— 

23 (A) by inserting ‘‘, including the cybersecu24 rity implications of technologies relating to con25 nected vehicles, connected infrastructure, and 


pamtmann on DSKBC07HB2PROD with BILLS
550 

•S 2016 IS

1 autonomous vehicles’’ after ‘‘autonomous vehi2 cles’’; and 

3 (B) by striking ‘‘The Secretary’’ and in4 serting the following: 

5 ‘‘(i) IN GENERAL.—A regional univer6 sity transportation center receiving a grant 

7 under this paragraph shall carry out re8 search focusing on 1 or more of the mat9 ters described in subparagraphs (A) 

10 through (G) of section 6503(c)(1). 

11 ‘‘(ii) FOCUSED OBJECTIVES.—The 

12 Secretary’’; and 

13 (4) in subsection (d)— 

14 (A) in paragraph (2)— 

15 (i) in the paragraph heading, by strik16 ing ‘‘ANNUAL REVIEW’’ and inserting ‘‘RE17 VIEW’’; 

18 (ii) in the matter preceding subpara19 graph (A), by striking ‘‘annually’’ and in20 serting ‘‘biennially’’; and 

21 (iii) in subparagraph (B), by striking 

22 ‘‘submit’’ and all that follows through ‘‘of 

23 the Senate’’ and inserting ‘‘make available 

24 to the public on a website of the Depart25 ment of Transportation’’; and 


pamtmann on DSKBC07HB2PROD with BILLS
551 

•S 2016 IS

1 (B) in paragraph (3), by striking ‘‘2016 

2 through 2020’’ and inserting ‘‘2022 through 

3 2026’’. 

4 SEC. 5019. NATIONAL TRAVEL AND TOURISM INFRASTRUC5 TURE STRATEGIC PLAN. 

6 Section 1431(e) of the FAST Act (49 U.S.C. 301 

7 note; Public Law 114–94) is amended— 

8 (1) by redesignating paragraphs (1) through 

9 (7) as subparagraphs (A) though (G), respectively, 

10 and indenting appropriately; 

11 (2) in the matter preceding subparagraph (A) 

12 (as so redesignated)— 

13 (A) by striking ‘‘Not later than 3 years 

14 after the date of enactment of this Act’’ and in15 serting ‘‘Not later than 180 days after the date 

16 of enactment of the Surface Transportation In17 vestment Act of 2021’’; and 

18 (B) by striking ‘‘plan that includes’’ and 

19 inserting the following: ‘‘plan— 

20 ‘‘(1) to develop an immediate-term and long21 term strategy, including policy recommendations 

22 across all modes of transportation, for the Depart23 ment and other agencies to use infrastructure invest24 ments to revive the travel and tourism industry and 

25 the overall travel and tourism economy in the wake 


pamtmann on DSKBC07HB2PROD with BILLS
552 

•S 2016 IS

1 of the Coronavirus Disease 2019 (COVID–19) pan2 demic; and 

3 ‘‘(2) that includes’’; and 

4 (3) in paragraph (2) (as so redesignated)— 

5 (A) in subparagraph (A) (as so redesig6 nated), by inserting ‘‘, including consideration 

7 of the impacts of the COVID–19 pandemic’’ 

8 after ‘‘network’’; 

9 (B) in subparagraph (D) (as so redesig10 nated), by inserting ‘‘of regional significance’’ 

11 after ‘‘corridors’’; 

12 (C) in subparagraph (F) (as so redesig13 nated), by striking ‘‘and’’ at the end; 

14 (D) in subparagraph (G) (as so redesig15 nated), by striking the period at the end and in16 serting ‘‘; and’’; and 

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

18 ‘‘(H) an identification of possible infra19 structure investments that create recovery op20 portunities for small, underserved, minority, 

21 and rural businesses in the travel and tourism 

22 industry, including efforts to preserve and pro23 tect the scenic, but often less-traveled, roads 

24 that promote tourism and economic develop25 ment throughout the United States.’’. 


pamtmann on DSKBC07HB2PROD with BILLS
553 

•S 2016 IS

1 SEC. 5020. LOCAL HIRING PREFERENCE FOR CONSTRUC2 TION JOBS. 

3 (a) AUTHORIZATION.— 

4 (1) IN GENERAL.—A recipient or subrecipient 

5 of a grant provided by the Secretary under title 23 

6 or 49, United States Code, may implement a local 

7 or other geographical or economic hiring preference 

8 relating to the use of labor for construction of a 

9 project funded by the grant, including prehire agree10 ments, subject to any applicable State and local 

11 laws, policies, and procedures. 

12 (2) TREATMENT.—The use of a local or other 

13 geographical or economic hiring preference pursuant 

14 to paragraph (1) in any bid for a contract for the 

15 construction of a project funded by a grant de16 scribed in paragraph (1) shall not be considered to 

17 unduly limit competition. 

18 (b) WORKFORCE DIVERSITY REPORT.—Not later 

19 than 1 year after the date of enactment of this Act, the 

20 Secretary shall submit to Congress a report describing 

21 methods— 

22 (1) to ensure preapprenticeship programs are 

23 established and implemented to meet the needs of 

24 employers in transportation and transportation in25 frastructure construction industries, including with 

26 respect to the formal connection of the 


pamtmann on DSKBC07HB2PROD with BILLS
554 

•S 2016 IS

1 preapprenticeship programs to registered apprentice2 ship programs; 

3 (2) to address barriers to employment (within 

4 the meaning of the Workforce Innovation and Op5 portunity Act (29 U.S.C. 3101 et seq.)) in transpor6 tation and transportation infrastructure construction 

7 industries for— 

8 (A) individuals who are former offenders 

9 (as defined in section 3 of the Workforce Inno10 vation and Opportunity Act (29 U.S.C. 3102)); 

11 (B) individuals with a disability (as defined 

12 in section 3 of the Americans with Disabilities 

13 Act of 1990 (42 U.S.C. 12102)); and 

14 (C) individuals that represent populations 

15 that are traditionally underrepresented in the 

16 workforce; and 

17 (3) to encourage a recipient or subrecipient im18 plementing a local or other geographical or economic 

19 hiring preference pursuant to subsection (a)(1) to 

20 establish, in coordination with nonprofit organiza21 tions that represent employees, outreach and sup22 port programs that increase diversity within the 

23 workforce, including expanded participation from in24 dividuals described in subparagraphs (A) through 

25 (C) of paragraph (2). 


pamtmann on DSKBC07HB2PROD with BILLS
555 

•S 2016 IS

1 (c) MODEL PLAN.—Not later than 1 year after the 

2 date of submission of the report under subsection (b), the 

3 Secretary shall establish, and publish on the website of 

4 the Department, a model plan for use by States, units of 

5 local government, and private sector entities to address 

6 the issues described in that subsection. 

7 SEC. 5021. TRANSPORTATION WORKFORCE DEVELOPMENT. 

8 (a) ASSESSMENT.—The Secretary shall enter into an 

9 arrangement with the National Academy of Sciences 

10 under which the National Academy shall develop and sub11 mit to the Secretary a workforce needs assessment that— 

12 (1) addresses— 

13 (A) the education and recruitment of tech14 nical workers for the intelligent transportation 

15 technologies and systems industry; 

16 (B) the development of a workforce skilled 

17 in various types of intelligent transportation 

18 technologies, components, infrastructure, and 

19 equipment, including with respect to— 

20 (i) installation; 

21 (ii) maintenance; 

22 (iii) manufacturing; 

23 (iv) operations, including data anal24 ysis and review; and 

25 (v) cybersecurity; and 


pamtmann on DSKBC07HB2PROD with BILLS
556 

•S 2016 IS

1 (C) barriers to employment in the intel2 ligent transportation technologies and systems 

3 industry for— 

4 (i) individuals who are former offend5 ers (as defined in section 3 of the Work6 force Innovation and Opportunity Act (29 

7 U.S.C. 3102)); 

8 (ii) individuals with a disability (as 

9 defined in section 3 of the Americans with 

10 Disabilities Act of 1990 (42 U.S.C. 

11 12102)); and 

12 (iii) individuals that represent popu13 lations that are traditionally underrep14 resented in the workforce; and 

15 (2) includes recommendations relating to the 

16 issues described in paragraph (1). 

17 (b) WORKING GROUP.— 

18 (1) ESTABLISHMENT.—The Secretary shall es19 tablish a working group, to be composed of— 

20 (A) the Secretary of Energy; 

21 (B) the Secretary of Labor; and 

22 (C) the heads of such other Federal agen23 cies as the Secretary determines to be nec24 essary. 

25 (2) IMPLEMENTATION PLAN.— 


pamtmann on DSKBC07HB2PROD with BILLS
557 

•S 2016 IS

1 (A) IN GENERAL.—The working group es2 tablished under paragraph (1) shall develop an 

3 intelligent transportation technologies and sys4 tems industry workforce development implanta5 tion plan. 

6 (B) REQUIREMENTS.—The implementation 

7 plan under subparagraph (A) shall address any 

8 issues and recommendations included in the 

9 needs assessment under subsection (a), taking 

10 into consideration a whole-of-government ap11 proach with respect to— 

12 (i) using registered apprenticeship and 

13 preapprenticeship programs; and 

14 (ii) re-skilling workers who may be in15 terested in working within the intelligent 

16 transportation technologies and systems in17 dustry. 

18 (3) SUBMISSION TO CONGRESS.—Not later than 

19 1 year after the date of receipt of the needs assess20 ment under subsection (a), the Secretary shall sub21 mit to Congress the implementation plan developed 

22 under paragraph (2). 

23 (c) TRANSPORTATION WORKFORCE OUTREACH PRO24 GRAM.— 


pamtmann on DSKBC07HB2PROD with BILLS
558 

•S 2016 IS

1 (1) IN GENERAL.—Subchapter I of chapter 55 

2 of title 49, United States Code (as amended by sec3 tion 5014(a)), is amended by adding at the end the 

4 following: 

5 ‘‘§ 5507. Transportation workforce outreach program 

6 ‘‘(a) IN GENERAL.—The Secretary of Transportation 

7 (referred to in this section as the ‘Secretary’) shall estab8 lish and administer a transportation workforce outreach 

9 program, under which the Secretary shall carry out a se10 ries of public service announcement campaigns during 

11 each of fiscal years 2022 through 2026. 

12 ‘‘(b) PURPOSES.—The purpose of the campaigns car13 ried out under the program under this section shall be— 

14 ‘‘(1) to increase awareness of career opportuni15 ties in the transportation sector, including aviation 

16 pilots, safety inspectors, mechanics and technicians, 

17 air traffic controllers, flight attendants, truck and 

18 bus drivers, engineers, transit workers, railroad 

19 workers, and other transportation professionals; and 

20 ‘‘(2) to target awareness of professional oppor21 tunities in the transportation sector to diverse seg22 ments of the population, including with respect to 

23 race, sex, ethnicity, ability (including physical and 

24 mental ability), and socioeconomic status. 


pamtmann on DSKBC07HB2PROD with BILLS
559 

•S 2016 IS

1 ‘‘(c) ADVERTISING.—The Secretary may use, or au2 thorize the use of, amounts made available to carry out 

3 the program under this section for the development, pro4 duction, and use of broadcast, digital, and print media ad5 vertising and outreach in carrying out a campaign under 

6 this section. 

7 ‘‘(d) FUNDING.—The Secretary may use to carry out 

8 this section any amounts otherwise made available to the 

9 Secretary, not to exceed $5,000,000, for each of fiscal 

10 years 2022 through 2026.’’. 

11 (2) CLERICAL AMENDMENT.—The analysis for 

12 subchapter I of chapter 55 of title 49, United States 

13 Code (as amended by section 5014(b)), is amended 

14 by adding at the end the following: 

‘‘5507. Transportation workforce outreach program.’’. 

15 SEC. 5022. INTERMODAL TRANSPORTATION ADVISORY 

16 BOARD REPEAL. 

17 (a) IN GENERAL.—Section 5502 of title 49, United 

18 States Code, is repealed. 

19 (b) CLERICAL AMENDMENT.—The analysis for sub20 chapter I of chapter 55 of title 49, United States Code, 

21 is amended by striking the item relating to section 5502. 

22 SEC. 5023. GAO CYBERSECURITY RECOMMENDATIONS. 

23 (a) CYBERSECURITY RISK MANAGEMENT.—Not later 

24 than 3 years after the date of enactment of this Act, the 

25 Secretary shall implement the recommendation for the DeVerDate Sep 11 2014 21:39 Jun 14, 2021 Jkt 019200 PO 00000 Frm 00559 Fmt 6652 Sfmt 6201 E:\BILLS\S2016.IS S2016

pamtmann on DSKBC07HB2PROD with BILLS
560 

•S 2016 IS

1 partment made by the Comptroller General of the United 

2 States in the report entitled ‘‘Cybersecurity: Agencies 

3 Need to Fully Establish Risk Management Programs and 

4 Address Challenges’’, numbered GAO–19–384, and dated 

5 July 2019— 

6 (1) by developing a cybersecurity risk manage7 ment strategy for the systems and information of 

8 the Department; 

9 (2) by updating policies to address an organiza10 tion-wide risk assessment; and 

11 (3) by updating the processes for coordination 

12 between cybersecurity risk management functions 

13 and enterprise risk management functions. 

14 (b) WORK ROLES.—Not later than 3 years after the 

15 date of enactment of this Act, the Secretary shall imple16 ment the recommendation of the Comptroller General of 

17 the United States in the report entitled ‘‘Cybersecurity 

18 Workforce: Agencies Need to Accurately Categorize Posi19 tions to Effectively Identify Critical Staffing Needs’’, 

20 numbered GAO–19–144, and dated March 2019, by— 

21 (1) reviewing positions in the Department; and 

22 (2) assigning appropriate work roles in accord23 ance with the National Initiative for Cybersecurity 

24 Education Cybersecurity Workforce Framework. 

25 (c) GAO REVIEW.— 


pamtmann on DSKBC07HB2PROD with BILLS
561 

•S 2016 IS

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

2 the date of enactment of this Act, the Comptroller 

3 General of the United States shall submit to the 

4 Committee on Commerce, Science, and Transpor5 tation of the Senate and the Committee on Trans6 portation and Infrastructure of the House of Rep7 resentatives a report that examines the approach of 

8 the Department to managing cybersecurity for the 

9 systems and information of the Department. 

10 (2) CONTENTS.—The report under paragraph 

11 (1) shall include an evaluation of— 

12 (A) the roles, responsibilities, and report13 ing relationships of the senior officials of the 

14 Department with respect to cybersecurity at the 

15 components of the Department; 

16 (B) the extent to which officials of the De17 partment— 

18 (i) establish requirements for, share 

19 information with, provide resources to, and 

20 monitor the performance of managers with 

21 respect to cybersecurity within the compo22 nents of the Department; and 

23 (ii) hold managers accountable for cy24 bersecurity within the components of the 

25 Department; and 


pamtmann on DSKBC07HB2PROD with BILLS
562 

•S 2016 IS

1 (C) other aspects of cybersecurity, as the 

2 Comptroller General of the United States deter3 mines to be appropriate. 

4 SEC. 5024. VOLPE OVERSIGHT. 

5 (a) FINANCIAL MANAGEMENT.—Not later than 1 

6 year after the date of enactment of this Act, the Secretary 

7 shall implement the recommendations of the Inspector 

8 General of the Department included in the report entitled 

9 ‘‘DOT Needs to Strengthen Its Oversight of IAAs With 

10 Volpe’’ and dated September 30, 2019, to improve plan11 ning, financial management, and the sharing of perform12 ance information with respect to intraagency agreements 

13 with the John A. Volpe National Transportation Systems 

14 Center (referred to in this section as the ‘‘Volpe Center’’). 

15 (b) GAO REVIEW.— 

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

17 the date of enactment of this Act, the Comptroller 

18 General of the United States shall submit 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 a report that examines the surface 

23 transportation activities at the Volpe Center. 

24 (2) CONTENTS.—The report under paragraph 

25 (1) shall include an evaluation of— 


pamtmann on DSKBC07HB2PROD with BILLS
563 

•S 2016 IS

1 (A) the amount of Department funding 

2 provided to the Volpe Center, as compared to 

3 other Federal and non-Federal research part4 ners; 

5 (B) the process used by the Department to 

6 determine whether to work with the Volpe Cen7 ter, as compared to any other Federal or non8 Federal research partner; and 

9 (C) the extent to which the Department is 

10 collaborating with the Volpe Center to address 

11 research needs relating to emerging issues. 

12 TITLE VI—HAZARDOUS 

13 MATERIALS 

14 SEC. 6001. AUTHORIZATION OF APPROPRIATIONS. 

15 Section 5128 of title 49, United States Code, is 

16 amended to read as follows: 

17 ‘‘§ 5128. Authorization of appropriations 

18 ‘‘(a) IN GENERAL.—There are authorized to be ap19 propriated to the Secretary to carry out this chapter (ex20 cept section 5107(e), 5108(g)(2), 5113, 5115, 5116, and 

21 5119)— 

22 ‘‘(1) $67,000,000 for fiscal year 2022; 

23 ‘‘(2) $68,000,000 for fiscal year 2023; 

24 ‘‘(3) $69,000,000 for fiscal year 2024; 

25 ‘‘(4) $70,000,000 for fiscal year 2025; and 


pamtmann on DSKBC07HB2PROD with BILLS
564 

•S 2016 IS

1 ‘‘(5) $71,000,000 for fiscal year 2026. 

2 ‘‘(b) HAZARDOUS MATERIALS EMERGENCY PRE3 PAREDNESS FUND.—From the Hazardous Materials Pre4 paredness Fund established under section 5116(h), the 

5 Secretary may expend, for each of fiscal years 2022 

6 through 2026— 

7 ‘‘(1) $39,050,000 to carry out section 5116(a); 

8 ‘‘(2) $150,000 to carry out section 5116(e); 

9 ‘‘(3) $625,000 to publish and distribute the 

10 Emergency Response Guidebook under section 

11 5116(h)(3); and 

12 ‘‘(4) $1,000,000 to carry out section 5116(i). 

13 ‘‘(c) HAZARDOUS MATERIALS TRAINING GRANTS.— 

14 From the Hazardous Materials Emergency Preparedness 

15 Fund established pursuant to section 5116(h), the Sec16 retary may expend $5,000,000 for each of fiscal years 

17 2022 through 2026 to carry out section 5107(e). 

18 ‘‘(d) COMMUNITY SAFETY GRANTS.—Of the amounts 

19 made available under subsection (a) to carry out this chap20 ter, the Secretary shall withhold $4,000,000 for each of 

21 fiscal years 2022 through 2026 to carry out section 

22 5107(i). 

23 ‘‘(e) CREDITS TO APPROPRIATIONS.— 

24 ‘‘(1) EXPENSES.—In addition to amounts oth25 erwise made available to carry out this chapter, the 


pamtmann on DSKBC07HB2PROD with BILLS
565 

•S 2016 IS

1 Secretary may credit amounts received from a State, 

2 Indian tribe, or other public authority or private en3 tity for expenses the Secretary incurs in providing 

4 training to the State, Indian tribe, authority or enti5 ty. 

6 ‘‘(2) AVAILABILITY OF AMOUNTS.—Amounts 

7 made available under this section shall remain avail8 able until expended.’’. 

9 SEC. 6002. ASSISTANCE FOR LOCAL EMERGENCY RE10 SPONSE TRAINING GRANT PROGRAM. 

11 Section 5116 of title 49, United States Code, is 

12 amended— 

13 (1) in subsection (j), in the second sentence of 

14 the matter preceding paragraph (1), by striking 

15 ‘‘subsection (i)’’ and inserting ‘‘subsections (i) and 

16 (j)’’; 

17 (2) by redesignating subsection (j) as sub18 section (k); and 

19 (3) by inserting after subsection (i) the fol20 lowing: 

21 ‘‘(j) ALERT GRANT PROGRAM.— 

22 ‘‘(1) ASSISTANCE FOR LOCAL EMERGENCY RE23 SPONSE TRAINING.—The Secretary shall establish a 

24 grant program to make grants to eligible entities de25 scribed in paragraph (2)— 


pamtmann on DSKBC07HB2PROD with BILLS
566 

•S 2016 IS

1 ‘‘(A) to develop a hazardous materials re2 sponse training curriculum for emergency re3 sponders, including response activities for the 

4 transportation of crude oil, ethanol, and other 

5 flammable liquids by rail, consistent with the 

6 standards of the National Fire Protection Asso7 ciation; and 

8 ‘‘(B) to make the training described in 

9 subparagraph (A) available in an electronic for10 mat. 

11 ‘‘(2) ELIGIBLE ENTITIES.—An eligible entity 

12 referred to in paragraph (1) is a nonprofit organiza13 tion that— 

14 ‘‘(A) represents first responders or public 

15 official responsible for coordinating disaster re16 sponse; and 

17 ‘‘(B) is able to provide direct or web-based 

18 training to individuals responsible for respond19 ing to accidents and incidents involving haz20 ardous materials. 

21 ‘‘(3) FUNDING.— 

22 ‘‘(A) IN GENERAL.—To carry out the 

23 grant program under paragraph (1), the Sec24 retary may use, for each fiscal year, any 

25 amounts recovered during such fiscal year from 


pamtmann on DSKBC07HB2PROD with BILLS
567 

•S 2016 IS

1 grants awarded under this section during a 

2 prior fiscal year. 

3 ‘‘(B) OTHER HAZARDOUS MATERIAL

4 TRAINING ACTIVITIES.—For each fiscal year, 

5 after providing grants under paragraph (1), if 

6 funds remain available, the Secretary may use 

7 the amounts described in subparagraph (A)— 

8 ‘‘(i) to make grants under— 

9 ‘‘(I) subsection (a)(1)(C); 

10 ‘‘(II) subsection (i); and 

11 ‘‘(III) section 5107(e); 

12 ‘‘(ii) to conduct monitoring and pro13 vide technical assistance under subsection 

14 (e); 

15 ‘‘(iii) to publish and distribute the 

16 emergency response guide referred to in 

17 subsection (h)(3); and 

18 ‘‘(iv) to pay administrative costs in 

19 accordance with subsection (h)(4). 

20 ‘‘(C) OBLIGATION LIMITATION.—Notwith21 standing any other provision of law, for each 

22 fiscal year, amounts described in subparagraph 

23 (A) shall not be included in the obligation limi24 tation for the Hazardous Materials Emergency 


pamtmann on DSKBC07HB2PROD with BILLS
568 

•S 2016 IS

1 Preparedness grant program for that fiscal 

2 year.’’. 

3 SEC. 6003. REAL-TIME EMERGENCY RESPONSE INFORMA4 TION. 

5 Section 7302 of the FAST Act (49 U.S.C. 20103 

6 note; Public Law 114–94) is amended— 

7 (1) in subsection (a)— 

8 (A) in the matter preceding paragraph (1), 

9 by striking ‘‘1 year after the date of enactment 

10 of this Act’’ and inserting ‘‘December 5, 2022’’; 

11 (B) in paragraph (1), by amending sub12 paragraph (B) to read as follows: 

13 ‘‘(B) to provide the electronic train consist 

14 information described in subparagraph (A) to 

15 authorized State and local first responders, 

16 emergency response officials, and law enforce17 ment personnel that are involved in the re18 sponse to, or investigation of, an accident, inci19 dent, or public health or safety emergency in20 volving the rail transportation of hazardous ma21 terials;’’; 

22 (C) by striking paragraph (2); 

23 (D) by redesignating paragraphs (3), (4), 

24 (5), (6), and (7) as paragraphs (2), (3), (4), 

25 (5), and (6), respectively; and 


pamtmann on DSKBC07HB2PROD with BILLS
569 

•S 2016 IS

1 (E) in paragraph (3), as redesignated, by 

2 striking ‘‘paragraph (3)’’ and inserting ‘‘para3 graph (2)’’; 

4 (2) in subsection (b)— 

5 (A) by striking paragraphs (1) and (4); 

6 and 

7 (B) by redesignating paragraphs (2), (3), 

8 (5), (6), and (7) as paragraphs (1), (2), (3), 

9 (4), and (5), respectively; and 

10 (3) in subsection (c), by striking ‘‘, as described 

11 in subsection (a)(1)(B),’’. 

Æ 


pamtmann on DSKBC07HB2PROD with BILLS