380 
using the methodology described in paragraph 
(2)(A). 
(4) MAINTENANCE OF EFFORT DESCRIBED.— 
The maintenance of effort calculated under this sec-
tion is the amount required under section 31102(f) 
of title 49, United States Code, as amended by this 
subtitle. 
(c) TERMINATION OF EFFECTIVENESS.—The author-
ity of the Secretary under this section shall terminate ef-
fective on the date that a new maintenance of effort base-
line is calculated based on a new allocation formula for 
the motor carrier safety assistance program implemented 
under section 31102 of title 49, United States Code. 
Subtitle B—Federal Motor Carrier 
Safety Administration Reform 
PART I—REGULATORY REFORM 
SEC. 5201. NOTICE OF CANCELLATION OF INSURANCE. 
Section 13906(e) of title 49, United States Code, is 
amended by inserting ‘‘or suspend’’ after ‘‘revoke’’. 
SEC. 5202. REGULATIONS. 
Section 31136 of title 49, United States Code, is 
amended— 
(1) by redesignating subsection (f) as sub-
section (g) and transferring such subsection to ap-
pear at the end of section 31315 of such title; and 
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(2) by adding at the end the following: 
‘‘(f) REGULATORY IMPACT ANALYSIS.—Within each 
regulatory impact analysis of a proposed or final rule 
issued by the Federal Motor Carrier Safety Administra-
tion, the Secretary shall, whenever practicable— 
‘‘(1) consider the effects of the proposed or 
final rule on different segments of the motor carrier 
industry; 
‘‘(2) formulate estimates and findings based on 
the best available science; and 
‘‘(3) utilize available data specific to the dif-
ferent types of motor carriers, including small and 
large carriers, and drivers that will be impacted by 
the proposed or final rule. 
‘‘(g) PUBLIC PARTICIPATION.— 
‘‘(1) IN GENERAL.—If a proposed rule promul-
gated under this part is likely to lead to the promul-
gation of a major rule, the Secretary, before promul-
gating such proposed rule, shall— 
‘‘(A) issue an advance notice of proposed 
rulemaking; or 
‘‘(B) proceed with a negotiated rule-
making. 
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‘‘(2) REQUIREMENTS.—Each advance notice of 
proposed rulemaking issued under paragraph (1) 
shall— 
‘‘(A) identify the need for a potential regu-
latory action; 
‘‘(B) identify and request public comment 
on the best available science or technical infor-
mation relevant to analyzing potential regu-
latory alternatives; 
‘‘(C) request public comment on the avail-
able data and costs with respect to regulatory 
alternatives reasonably likely to be considered 
as part of the rulemaking; and 
‘‘(D) request public comment on available 
alternatives to regulation. 
‘‘(3) WAIVER.—This subsection does not apply 
to a proposed rule if the Secretary, for good cause, 
finds (and incorporates the finding and a brief state-
ment of reasons for such finding in the proposed or 
final rule) that an advance notice of proposed rule-
making is impracticable, unnecessary, or contrary to 
the public interest. 
‘‘(h) REVIEW OF RULES.— 
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‘‘(1) IN
GENERAL.—Once every 5 years, the 
Secretary shall conduct a review of regulations 
issued under this part. 
‘‘(2) SCHEDULE.—At the beginning of each 5- 
year review period, the Secretary shall publish a 
schedule that sets forth the plan for completing the 
review under paragraph (1) within 5 years. 
‘‘(3) NOTIFICATION
OF
CHANGES.—During 
each review period, the Secretary shall address any 
changes to the schedule published under paragraph 
(2) and notify the public of such changes. 
‘‘(4) CONSIDERATION OF PETITIONS.—In con-
ducting a review under paragraph (1), the Secretary 
shall consider petitions for regulatory action under 
this part received by the Administrator of the Fed-
eral Motor Carrier Safety Administration. 
‘‘(5) ASSESSMENT.—At the conclusion of each 
review under paragraph (1), the Secretary shall pub-
lish on a publicly accessible Internet Web site of the 
Department of Transportation an assessment that 
includes— 
‘‘(A) an inventory of the regulations issued 
during the 5-year period ending on the date on 
which the assessment is published; 
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‘‘(B) a determination of whether the regu-
lations are— 
‘‘(i) consistent and clear; 
‘‘(ii) current with the operational re-
alities of the motor carrier industry; and 
‘‘(iii) uniformly enforced; and 
‘‘(C) an assessment of whether the regula-
tions continue to be necessary. 
‘‘(6) RULEMAKING.—Not later than 2 years 
after the completion of each review under this sub-
section, the Secretary shall initiate a rulemaking to 
amend regulations as necessary to address the deter-
minations made under paragraph (5)(B) and the re-
sults of the assessment under paragraph (5)(C). 
‘‘(i) RULE
OF CONSTRUCTION.—Nothing in sub-
section (f) or (g) may be construed to limit the contents 
of an advance notice of proposed rulemaking.’’. 
SEC. 5203. GUIDANCE. 
(a) IN GENERAL.— 
(1) DATE OF ISSUANCE AND POINT OF CON-
TACT.—Each guidance document issued by the Fed-
eral Motor Carrier Safety Administration shall have 
a date of issuance or a date of revision, as applica-
ble, and shall include the name and contact informa-
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tion of a point of contact at the Administration who 
can respond to questions regarding the guidance. 
(2) PUBLIC ACCESSIBILITY.— 
(A) IN
GENERAL.—Each guidance docu-
ment issued or revised by the Federal Motor 
Carrier Safety Administration shall be pub-
lished on a publicly accessible Internet Web site 
of the Department on the date of issuance or 
revision. 
(B) REDACTION.—The Administrator of 
the Federal Motor Carrier Safety Administra-
tion may redact from a guidance document pub-
lished under subparagraph (A) any information 
that would reveal investigative techniques that 
would compromise Administration enforcement 
efforts. 
(3) INCORPORATION INTO REGULATIONS.—Not 
later than 5 years after the date on which a guid-
ance document is published under paragraph (2) or 
during an applicable review under subsection (c), 
whichever is earlier, the Secretary shall revise regu-
lations to incorporate the guidance document to the 
extent practicable. 
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(4) REISSUANCE.—If a guidance document is 
not incorporated into regulations in accordance with 
paragraph (3), the Administrator shall— 
(A) reissue an updated version of the guid-
ance document; and 
(B) review and reissue an updated version 
of the guidance document every 5 years until 
the date on which the guidance document is re-
moved or incorporated into applicable regula-
tions. 
(b) INITIAL REVIEW.—Not later than 1 year after the 
date of enactment of this Act, the Administrator shall re-
view all guidance documents published under subsection 
(a) to ensure that such documents are current, are readily 
accessible to the public, and meet the standards specified 
in subparagraphs (A), (B), and (C) of subsection (c)(1). 
(c) REGULAR REVIEW.— 
(1) IN GENERAL.—Subject to paragraph (2), 
not less than once every 5 years, the Administrator 
shall conduct a comprehensive review of the guid-
ance documents issued by the Federal Motor Carrier 
Safety Administration to determine whether such 
documents are— 
(A) consistent and clear; 
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(B) uniformly and consistently enforced; 
and 
(C) still necessary. 
(2) NOTICE AND COMMENT.—Prior to begin-
ning a review under paragraph (1), the Adminis-
trator shall publish in the Federal Register a notice 
and request for comment that solicits input from 
stakeholders on which guidance documents should be 
updated or eliminated. 
(3) REPORT.— 
(A) IN GENERAL.—Not later than 60 days 
after the date on which a review under para-
graph (1) is completed, the Administrator shall 
publish on a publicly accessible Internet Web 
site of the Department a report detailing the 
review and a full inventory of the guidance doc-
uments of the Administration. 
(B) CONTENTS.—A report under subpara-
graph (A) shall include a summary of the re-
sponse of the Administration to each comment 
received under paragraph (2). 
(d) GUIDANCE DOCUMENT DEFINED.—In this sec-
tion, the term ‘‘guidance document’’ means a document 
issued by the Federal Motor Carrier Safety Administra-
tion that— 
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(1) provides an interpretation of a regulation of 
the Administration; or 
(2) includes an enforcement policy of the Ad-
ministration. 
SEC. 5204. PETITIONS. 
(a) IN GENERAL.—The Administrator of the Federal 
Motor Carrier Safety Administration shall— 
(1) publish on a publicly accessible Internet 
Web site of the Department a summary of all peti-
tions for regulatory action submitted to the Adminis-
tration; 
(2) prioritize the petitions submitted based on 
the likelihood of safety improvements resulting from 
the regulatory action requested; 
(3) not later than 180 days after the date a 
summary of a petition is published under paragraph 
(1), formally respond to such petition by indicating 
whether the Administrator will accept, deny, or fur-
ther review the petition; 
(4) prioritize responses to petitions consistent 
with a response’s potential to reduce crashes, im-
prove enforcement, and reduce unnecessary burdens; 
and 
(5) not later than 60 days after the date of re-
ceipt of a petition, publish on a publicly accessible 
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Internet Web site of the Department an updated in-
ventory of the petitions described in paragraph (1), 
including any applicable disposition information for 
those petitions. 
(b) PETITION DEFINED.—In this section, the term 
‘‘petition’’ means a request for a new regulation, a regu-
latory interpretation or clarification, or a review of a regu-
lation to eliminate or modify an obsolete, ineffective, or 
overly-burdensome regulation. 
PART II—COMPLIANCE, SAFETY, 
ACCOUNTABILITY REFORM 
SEC. 5221. CORRELATION STUDY. 
(a) IN GENERAL.—The Administrator of the Federal 
Motor Carrier Safety Administration (referred to in this 
part as the ‘‘Administrator’’) shall commission the Na-
tional Research Council of the National Academies to con-
duct a study of— 
(1) the Compliance, Safety, Accountability pro-
gram of the Federal Motor Carrier Safety Adminis-
tration (referred to in this part as the ‘‘CSA pro-
gram’’); and 
(2) the Safety Measurement System utilized by 
the CSA program (referred to in this part as the 
‘‘SMS’’). 
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(b) SCOPE OF STUDY.—In carrying out the study 
commissioned pursuant to subsection (a), the National Re-
search Council— 
(1) shall analyze— 
(A) the accuracy with which the Behavior 
Analysis and Safety Improvement Categories 
(referred to in this part as ‘‘BASIC’’)— 
(i) identify high risk carriers; and 
(ii) predict or are correlated with fu-
ture crash risk, crash severity, or other 
safety indicators for motor carriers; 
(B) the methodology used to calculate 
BASIC percentiles and identify carriers for en-
forcement, including the weights assigned to 
particular violations and the tie between crash 
risk and specific regulatory violations, with re-
spect to accurately identifying and predicting 
future crash risk for motor carriers; 
(C) the relative value of inspection infor-
mation and roadside enforcement data; 
(D) any data collection gaps or data suffi-
ciency problems that may exist and the impact 
of those gaps and problems on the efficacy of 
the CSA program; 
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(E) the accuracy of safety data, including 
the use of crash data from crashes in which a 
motor carrier was free from fault; 
(F) whether BASIC percentiles for motor 
carriers of passengers should be calculated dif-
ferently than for motor carriers of freight; 
(G) the differences in the rates at which 
safety violations are reported to the Federal 
Motor Carrier Safety Administration for inclu-
sion in the SMS by various enforcement au-
thorities, including States, territories, and Fed-
eral inspectors; and 
(H) how members of the public use the 
SMS and what effect making the SMS informa-
tion public has had on reducing crashes and 
eliminating unsafe motor carriers from the in-
dustry; and 
(2) shall consider— 
(A) whether the SMS provides comparable 
precision and confidence, through SMS alerts 
and percentiles, for the relative crash risk of in-
dividual large and small motor carriers; 
(B) whether alternatives to the SMS would 
identify high risk carriers more accurately; and 
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(C) the recommendations and findings of 
the Comptroller General of the United States 
and the Inspector General of the Department, 
and independent review team reports, issued be-
fore the date of enactment of this Act. 
(c) REPORT.—Not later than 18 months after the 
date of enactment of this Act, the Administrator shall sub-
mit a report containing the results of the study commis-
sioned pursuant to subsection (a) to— 
(1) the Committee on Commerce, Science, and 
Transportation of the Senate; 
(2) the Committee on Transportation and In-
frastructure of the House of Representatives; and 
(3) the Inspector General of the Department. 
(d) CORRECTIVE ACTION PLAN.— 
(1) IN
GENERAL.—Not later than 120 days 
after the Administrator submits the report under 
subsection (c), if that report identifies a deficiency 
or opportunity for improvement in the CSA program 
or in any element of the SMS, the Administrator 
shall submit to the Committee on Commerce, 
Science, and Transportation of the Senate and the 
Committee on Transportation and Infrastructure of 
the House of Representatives a corrective action 
plan that— 
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393 
(A) responds to the deficiencies or opportu-
nities identified by the report; 
(B) identifies how the Federal Motor Car-
rier Safety Administration will address such de-
ficiencies or opportunities; and 
(C) provides an estimate of the cost, in-
cluding with respect to changes in staffing, en-
forcement, and data collection, necessary to ad-
dress such deficiencies or opportunities. 
(2) PROGRAM REFORMS.—The corrective action 
plan submitted under paragraph (1) shall include an 
implementation plan that— 
(A) includes benchmarks; 
(B) includes programmatic reforms, revi-
sions to regulations, or proposals for legislation; 
and 
(C) shall be considered in any rulemaking 
by the Department that relates to the CSA pro-
gram, including the SMS. 
(e) INSPECTOR GENERAL REVIEW.—Not later than 
120 days after the Administrator submits a corrective ac-
tion plan under subsection (d), the Inspector General of 
the Department shall— 
(1) review the extent to which such plan imple-
ments— 
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(A) recommendations contained in the re-
port submitted under subsection (c); and 
(B) relevant recommendations issued by 
the Comptroller General or the Inspector Gen-
eral before the date of enactment of this Act; 
and 
(2) submit to the Committee on Commerce, 
Science, and Transportation of the Senate and the 
Committee on Transportation and Infrastructure of 
the House of Representatives a report on the re-
sponsiveness of the corrective action plan to the rec-
ommendations described in paragraph (1). 
SEC. 5222. BEYOND COMPLIANCE. 
(a) IN GENERAL.—Not later than 18 months after 
the date of enactment of this Act, the Administrator shall 
incorporate into the CSA program a methodology to allow 
recognition and an improved SMS score for— 
(1) the installation of advanced safety equip-
ment; 
(2) the use of enhanced driver fitness measures; 
(3) the adoption of fleet safety management 
tools, technologies, and programs; or 
(4) other metrics as determined appropriate by 
the Administrator. 
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(b) QUALIFICATION.—The Administrator, after pro-
viding notice and an opportunity for comment, shall de-
velop technical or other performance standards with re-
spect to advanced safety equipment, enhanced driver fit-
ness measures, fleet safety management tools, tech-
nologies, and programs, and other metrics for purposes 
of subsection (a). 
(c) REPORT.—Not later than 18 months after the in-
corporation of the methodology under subsection (a), the 
Administrator shall submit to the Committee on Trans-
portation and Infrastructure of the House of Representa-
tives and the Committee on Commerce, Science, and 
Transportation of the Senate a report on the number of 
motor carriers receiving recognition and improved scores 
under such methodology and the safety performance of 
such carriers. 
SEC. 5223. DATA CERTIFICATION. 
(a) IN GENERAL.—On and after the date that is 1 
day after the date of enactment of this Act, no information 
regarding analysis of violations, crashes in which a deter-
mination is made that the motor carrier or the commercial 
motor vehicle driver is not at fault, alerts, or the relative 
percentile for each BASIC developed under the CSA pro-
gram may be made available to the public (including 
through requests under section 552 of title 5, United 
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States Code) until the Inspector General of the Depart-
ment certifies that— 
(1) the report required under section 5221(c) 
has been submitted in accordance with that section; 
(2) any deficiencies identified in the report re-
quired under section 5221(c) have been addressed; 
(3) if applicable, the corrective action plan 
under section 5221(d) has been implemented; 
(4) the Administrator of the Federal Motor 
Carrier Safety Administration has fully implemented 
or satisfactorily addressed the issues raised in the 
report titled ‘‘Modifying the Compliance, Safety, Ac-
countability Program Would Improve the Ability to 
Identify High Risk Carriers’’ of the Government Ac-
countability Office and dated February 2014 (GAO– 
14–114); and 
(5) the CSA program has been modified in ac-
cordance with section 5222. 
(b) LIMITATION ON THE USE OF CSA ANALYSIS.— 
Information regarding alerts and the relative percentile for 
each BASIC developed under the CSA program may not 
be used for safety fitness determinations until the Inspec-
tor General of the Department makes the certification 
under subsection (a). 
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(c) CONTINUED PUBLIC AVAILABILITY OF DATA.— 
Notwithstanding any other provision of this section, in-
spection and violation information submitted to the Fed-
eral Motor Carrier Safety Administration by commercial 
motor vehicle inspectors and qualified law enforcement of-
ficials, out-of-service rates, and absolute measures shall 
remain available to the public. 
(d) EXCEPTIONS.— 
(1) IN GENERAL.—Notwithstanding any other 
provision of this section— 
(A) the Federal Motor Carrier Safety Ad-
ministration and State and local commercial 
motor vehicle enforcement agencies may use the 
information referred to in subsection (a) for 
purposes of investigation and enforcement 
prioritization; and 
(B) a motor carrier and a commercial 
motor vehicle driver may access information re-
ferred to in subsection (a) that relates directly 
to the motor carrier or driver, respectively. 
(2) RULE OF CONSTRUCTION.—Nothing in this 
section may be construed to restrict the official use 
by State enforcement agencies of the data collected 
by State enforcement personnel. 
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398 
SEC. 5224. INTERIM HIRING STANDARD. 
(a) DEFINITIONS.—In this section, the following defi-
nitions apply: 
(1) ENTITY.—The term ‘‘entity’’ means a per-
son acting as— 
(A) a shipper, other than an individual 
shipper (as that term is defined in section 
13102 of title 49, United States Code), or a 
consignee; 
(B) a broker or a freight forwarder (as 
such terms are defined in section 13102 of title 
49, United States Code); 
(C) a non-vessel-operating common carrier, 
an ocean freight forwarder, or an ocean trans-
portation intermediary (as such terms are de-
fined in section 40102 of title 46, United States 
Code); 
(D) an indirect air carrier authorized to 
operate under a Standard Security Program ap-
proved by the Transportation Security Adminis-
tration; 
(E) a customs broker licensed in accord-
ance with section 111.2 of title 19, Code of 
Federal Regulations; 
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(F) an interchange motor carrier subject 
to paragraphs (1)(B) and (2) of section 
13902(i) of title 49, United States Code; or 
(G) a warehouse (as defined in section 7– 
102(13) of the Uniform Commercial Code). 
(2) MOTOR CARRIER.—The term ‘‘motor car-
rier’’ means a motor carrier (as that term is defined 
in section 13102 of title 49, United States Code) 
that is subject to Federal motor carrier financial re-
sponsibility and safety regulations. 
(b) HIRING STANDARD.—Subsection (c) shall only be 
applicable to entities who, before tendering a shipment, 
but not more than 35 days before the pickup of the ship-
ment by the hired motor carrier, verify that the motor car-
rier, at the time of such verification— 
(1) is registered with and authorized by the 
Federal Motor Carrier Safety Administration to op-
erate as a motor carrier, if applicable; 
(2) has the minimum insurance coverage re-
quired by Federal law; and 
(3) has a satisfactory safety fitness determina-
tion issued by the Federal Motor Carrier Safety Ad-
ministration in force. 
(c) INTERIM USE OF DATA.— 
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(1) IN GENERAL.—With respect to an entity 
who completed a verification under subsection (b), 
only information regarding the entity’s compliance 
or noncompliance with subsection (b) may be admit-
ted as evidence or otherwise used against the entity 
in a civil action for damages resulting from a claim 
of negligent selection or retention of a motor carrier. 
(2) EXCLUDED EVIDENCE.—With respect to an 
entity who completed a verification under subsection 
(b), motor carrier data (other than the information 
described in paragraph (1)) created or maintained 
by the Federal Motor Carrier Safety Administration, 
including SMS data or analysis of such data, may 
not be admitted into evidence in a case or pro-
ceeding in which it is asserted or alleged that the en-
tity’s selection or retention of a motor carrier was 
negligent. 
(d) SUNSET.—This section shall cease to be effective 
on the date on which the Inspector General of the Depart-
ment makes the certification under section 5223(a). 
Subtitle C—Commercial Motor 
Vehicle Safety 
SEC. 5301. IMPLEMENTING SAFETY REQUIREMENTS. 
(a) NATIONAL CLEARINGHOUSE FOR CONTROLLED 
SUBSTANCE AND ALCOHOL TEST RESULTS OF COMMER-
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401 
CIAL MOTOR VEHICLE OPERATORS.—If the deadline es-
tablished under section 31306a(a)(1) of title 49, United 
States Code, has not been met, not later than 30 days 
after the date of enactment of this Act, the Secretary of 
Transportation shall submit to the Committee on Trans-
portation and Infrastructure of the House of Representa-
tives and the Committee on Commerce, Science, and 
Transportation of the Senate written notification that— 
(1) explains why such deadline has not been 
met; and 
(2) establishes a new deadline for completion of 
the requirements of such section. 
(b) ELECTRONIC LOGGING DEVICES.—If the deadline 
established under section 31137(a) of title 49, United 
States Code, has not been met, not later than 30 days 
after the date of enactment of this Act, the Secretary shall 
submit to the Committee on Transportation and Infra-
structure of the House of Representatives and the Com-
mittee on Commerce, Science, and Transportation of the 
Senate written notification that— 
(1) explains why such deadline has not been 
met; and 
(2) establishes a new deadline for completion of 
the requirements of such section. 
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(c) STANDARDS FOR TRAINING.—If the deadline es-
tablished under section 31305(c) of title 49, United States 
Code, has not been met, not later than 30 days after the 
date of enactment of this Act, the Secretary shall submit 
to the Committee on Transportation and Infrastructure 
of the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate 
written notification that— 
(1) explains why such deadline has not been 
met; and 
(2) establishes a new deadline for completion of 
the requirements of such section. 
(d) FURTHER RESPONSIBILITIES.—If the Secretary 
determines that a deadline established under subsection 
(a)(2), (b)(2), or (c)(2) cannot be met, not later than 30 
days after the date on which such determination is made, 
the Secretary shall submit to the Committee on Transpor-
tation and Infrastructure of the House of Representatives 
and the Committee on Commerce, Science, and Transpor-
tation of the Senate written notification that— 
(1) explains why such deadline cannot be met; 
and 
(2) establishes a new deadline for completion of 
the relevant requirements. 
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SEC. 5302. WINDSHIELD MOUNTED SAFETY TECHNOLOGY. 
(a) IN GENERAL.—Not later than 180 days after the 
date of enactment of this Act, the Secretary shall issue 
regulations to modify section 393.60(e)(1) of title 49, 
Code of Federal Regulations, to permanently allow the vol-
untary mounting on the inside of a vehicle’s windshield, 
within the area swept by windshield wipers, of vehicle safe-
ty technologies, if the Secretary determines that such 
mounting is likely to achieve a level of safety that is equiv-
alent to, or greater than, the level of safety that would 
be achieved without such mounting. 
(b) VEHICLE SAFETY TECHNOLOGY DEFINED.—In 
this section, the term ‘‘vehicle safety technology’’ includes 
lane departure warning systems, collision avoidance sys-
tems, on-board video event recording devices, and any 
other technology determined appropriate by the Secretary. 
(c) RULE OF CONSTRUCTION.—Nothing in this sec-
tion may be construed to alter the terms of a short-term 
exemption from section 393.60(e) of title 49, Code of Fed-
eral Regulations, granted and in effect as of the date of 
enactment of this Act. 
SEC. 5303. PRIORITIZING STATUTORY RULEMAKINGS. 
The Administrator of the Federal Motor Carrier 
Safety Administration shall prioritize the completion of 
each outstanding rulemaking required by statute before 
beginning any other rulemaking, unless the Secretary de-
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termines that there is a significant need for such other 
rulemaking. 
SEC. 5304. SAFETY REPORTING SYSTEM. 
(a) IN GENERAL.—Not later than 1 year after the 
date of enactment of this Act, the Comptroller General 
of the United States shall submit to the Committee on 
Commerce, Science, and Transportation of the Senate and 
the Committee on Transportation and Infrastructure of 
the House of Representatives a report on the cost and fea-
sibility of establishing a self-reporting system for commer-
cial motor vehicle drivers or motor carriers with respect 
to en route equipment failures. 
(b) CONTENTS.—The report required under sub-
section (a) shall include— 
(1) an analysis of— 
(A) alternatives for the reporting of equip-
ment failures in real time, including an Internet 
Web site or telephone hotline; 
(B) the ability of a commercial motor vehi-
cle driver or a motor carrier to provide to the 
Federal Motor Carrier Safety Administration 
proof of repair of a self-reported equipment fail-
ure; 
(C) the ability of the Federal Motor Car-
rier Safety Administration to ensure that self- 
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reported equipment failures proven to be re-
paired are not used in the calculation of Behav-
ior Analysis and Safety Improvement Category 
scores; 
(D) the ability of roadside inspectors to ac-
cess self-reported equipment failures; 
(E) the cost to establish and administer a 
self-reporting system; 
(F) the ability for a self-reporting system 
to track individual commercial motor vehicles 
through unique identifiers; and 
(G) whether a self-reporting system would 
yield demonstrable safety benefits; 
(2) an identification of any regulatory or statu-
tory impediments to the implementation of a self-re-
porting system; and 
(3) recommendations on implementing a self-re-
porting system. 
SEC. 5305. NEW ENTRANT SAFETY REVIEW PROGRAM. 
(a) IN GENERAL.—The Secretary shall conduct an 
assessment of the new operator safety review program 
under section 31144(g) of title 49, United States Code, 
including the program’s effectiveness in reducing crashes, 
fatalities, and injuries involving commercial motor vehicles 
and improving commercial motor vehicle safety. 
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(b) REPORT.—Not later than 1 year after the date 
of enactment of this Act, the Secretary shall publish on 
a publicly accessible Internet Web site of the Department 
and submit to the Committee on Commerce, Science, and 
Transportation of the Senate and the Committee on 
Transportation and Infrastructure of the House of Rep-
resentatives a report on the results of the assessment con-
ducted under subsection (a), including any recommenda-
tions for improving the effectiveness of the program (in-
cluding recommendations for legislative changes). 
Subtitle D—Commercial Motor 
Vehicle Drivers 
SEC. 5401. OPPORTUNITIES FOR VETERANS. 
(a) STANDARDS FOR TRAINING AND TESTING OF 
VETERAN OPERATORS.—Section 31305 of title 49, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘(d) STANDARDS FOR TRAINING AND TESTING OF 
VETERAN OPERATORS.— 
‘‘(1) IN GENERAL.—Not later than December 
31, 2016, the Secretary shall modify the regulations 
prescribed under subsections (a) and (c) to— 
‘‘(A) exempt a covered individual from all 
or a portion of a driving test if the covered indi-
vidual had experience in the armed forces or re-
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serve components driving vehicles similar to a 
commercial motor vehicle; 
‘‘(B) ensure that a covered individual may 
apply for an exemption under subparagraph (A) 
during, at least, the 1-year period beginning on 
the date on which such individual separates 
from service in the armed forces or reserve 
components; and 
‘‘(C) credit the training and knowledge a 
covered individual received in the armed forces 
or reserve components driving vehicles similar 
to a commercial motor vehicle for purposes of 
satisfying minimum standards for training and 
knowledge. 
‘‘(2) DEFINITIONS.—In this subsection, the fol-
lowing definitions apply: 
‘‘(A) ARMED FORCES.—The term ‘armed 
forces’ has the meaning given that term in sec-
tion 101(a)(4) of title 10. 
‘‘(B) COVERED
INDIVIDUAL.—The term 
‘covered individual’ means— 
‘‘(i) a former member of the armed 
forces; or 
‘‘(ii) a former member of the reserve 
components. 
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‘‘(C) RESERVE
COMPONENTS.—The term 
‘reserve components’ means— 
‘‘(i) the Army National Guard of the 
United States; 
‘‘(ii) the Army Reserve; 
‘‘(iii) the Navy Reserve; 
‘‘(iv) the Marine Corps Reserve; 
‘‘(v) the Air National Guard of the 
United States; 
‘‘(vi) the Air Force Reserve; and 
‘‘(vii) the Coast Guard Reserve.’’. 
(b) IMPLEMENTATION OF THE MILITARY COMMER-
CIAL DRIVER’S LICENSE ACT.—Not later than December 
31, 2015, the Secretary shall issue final regulations to im-
plement the exemption to the domicile requirement under 
section 31311(a)(12)(C) of title 49, United States Code. 
(c) 
CONFORMING
AMENDMENT.—Section 
31311(a)(12)(C)(ii) of title 49, United States Code, is 
amended to read as follows: 
‘‘(ii) is an active duty member of— 
‘‘(I) the armed forces (as that term is 
defined in section 101(a)(4) of title 10); or 
‘‘(II) the reserve components (as that 
term is defined in section 31305(d)(2)(C) 
of this title); and’’. 
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SEC. 5402. DRUG FREE COMMERCIAL DRIVERS. 
(a) IN GENERAL.—Section 31306 of title 49, United 
States Code, is amended— 
(1) in subsection (b)(1)— 
(A) by redesignating subparagraph (B) as 
subparagraph (C); 
(B) in subparagraph (A) by striking ‘‘The 
regulations shall permit such motor carriers to 
conduct preemployment testing of such employ-
ees for the use of alcohol.’’; and 
(C) by inserting after subparagraph (A) 
the following: 
‘‘(B) The regulations prescribed under subparagraph 
(A) shall permit motor carriers— 
‘‘(i) to conduct preemployment testing of com-
mercial motor vehicle operators for the use of alco-
hol; and 
‘‘(ii) to use hair testing as an acceptable alter-
native to urine testing— 
‘‘(I) in conducting preemployment testing 
for the use of a controlled substance; and 
‘‘(II) in conducting random testing for the 
use of a controlled substance if the operator 
was subject to hair testing for preemployment 
testing.’’; 
(2) in subsection (b)(2)— 
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(A) in subparagraph (A) by striking ‘‘and’’ 
at the end; 
(B) in subparagraph (B) by striking the 
period at the end and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(C) shall provide an exemption from hair test-
ing for commercial motor vehicle operators with es-
tablished religious beliefs that prohibit the cutting or 
removal of hair.’’; and 
(3) in subsection (c)(2)— 
(A) in the matter preceding subparagraph 
(A) by inserting ‘‘for urine testing, and tech-
nical guidelines for hair testing,’’ before ‘‘in-
cluding mandatory guidelines’’; 
(B) in subparagraph (B) by striking ‘‘and’’ 
at the end; 
(C) in subparagraph (C) by inserting 
‘‘and’’ after the semicolon; and 
(D) by adding at the end the following: 
‘‘(D) laboratory protocols and cut-off levels 
for hair testing to detect the use of a controlled 
substance;’’. 
(b) GUIDELINES.—Not later than 1 year after the 
date of enactment of this Act, the Secretary of Health and 
Human Services shall issue scientific and technical guide-
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lines for hair testing as a method of detecting the use of 
a controlled substance for purposes of section 31306 of 
title 49, United States Code. 
SEC. 5403. CERTIFIED MEDICAL EXAMINERS. 
(a) IN GENERAL.—Section 31315(b)(1) of title 49, 
United States Code, is amended by striking ‘‘or section 
31136’’ and inserting ‘‘, section 31136, or section 
31149(d)(3)’’. 
(b) 
CONFORMING
AMENDMENT.—Section 
31149(d)(3) of title 49, United States Code, is amended 
by inserting ‘‘, unless the person issuing the certificate is 
the subject of an exemption issued under section 
31315(b)(1)’’ before the semicolon. 
SEC. 5404. GRADUATED COMMERCIAL DRIVER’S LICENSE 
PILOT PROGRAM. 
(a) TASK FORCE.— 
(1) IN GENERAL.—The Secretary shall convene 
a task force to evaluate and make recommendations 
to the Secretary on elements for inclusion in a grad-
uated commercial driver’s license pilot program that 
would allow a novice licensed driver between the 
ages of 19 years and 6 months and 21 years to safe-
ly operate a commercial motor vehicle in a limited 
capacity in interstate commerce between States that 
enter into a bi-State agreement. 
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(2) MEMBERSHIP.—The task force convened 
under paragraph (1) shall include representatives of 
State motor vehicle administrators, motor carriers, 
labor organizations, safety advocates, and other 
stakeholders determined appropriate by the Sec-
retary. 
(3) CONSIDERATIONS.—The task force con-
vened under paragraph (1) shall evaluate and make 
recommendations on the following elements for in-
clusion in a graduated commercial driver’s license 
pilot program: 
(A) A specified length of time for a learn-
er’s permit stage. 
(B) A requirement that drivers under the 
age of 21 years be accompanied by experienced 
drivers over the age of 21 years. 
(C) A restriction on travel distances. 
(D) A restriction on maximum allowable 
driving hours. 
(E) Mandatory driver training that exceeds 
the requirements for drivers over the age of 21 
years issued by the Secretary under section 
31305(c) of title 49, United States Code. 
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(F) Use of certain safety technologies in 
the vehicles of drivers under the age of 21 
years. 
(G) Any other element the task force con-
siders appropriate. 
(4) RECOMMENDATIONS.—Not later than 1 
year after the date of enactment of this Act, the 
task force convened under paragraph (1) shall rec-
ommend to the Secretary the elements the task force 
has determined appropriate for inclusion in a grad-
uated commercial driver’s license pilot program. 
(b) PILOT PROGRAM.— 
(1) IN GENERAL.—Not later than 1 year after 
receiving the recommendations of the task force 
under subsection (a), the Secretary shall establish a 
graduated commercial driver’s license pilot program 
in accordance with such recommendations and sec-
tion 31315(c) of title 49, United States Code. 
(2) PRE-ESTABLISHMENT
REQUIREMENTS.— 
Prior to the establishment of the pilot program 
under paragraph (1), the Secretary shall— 
(A) submit to Congress a report outlining 
the recommendations of the task force received 
under subsection (a); and 
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(B) publish in the Federal Register, and 
provide sufficient notice of and an opportunity 
for public comment on, the— 
(i) proposed requirements for State 
and driver participation in the pilot pro-
gram, based on the recommendations of 
the task force and consistent with para-
graph (3); 
(ii) measures the Secretary will utilize 
under the pilot program to ensure safety; 
and 
(iii) standards the Secretary will use 
to evaluate the pilot program, including to 
determine any changes in the level of 
motor carrier safety as a result of the pilot 
program. 
(3) PROGRAM ELEMENTS.—The pilot program 
established under paragraph (1)— 
(A) may not allow an individual under the 
age of 19 years and 6 months to participate; 
(B) may not allow a driver between the 
ages of 19 years and 6 months and 21 years 
to— 
(i) operate a commercial motor vehicle 
in special configuration; or 
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(ii) transport hazardous cargo; 
(C) shall be carried out in a State (includ-
ing the District of Columbia) only if the Gov-
ernor of the State (or the Mayor of the District 
of Columbia, if applicable) approves an agree-
ment with a contiguous State to allow a li-
censed driver under the age of 21 years to oper-
ate a commercial motor vehicle across both 
States in accordance with the pilot program; 
(D) may not recognize more than 6 agree-
ments described in subparagraph (C); 
(E) may not allow more than 10 motor 
carriers to participate in the pilot program 
under each agreement described in subpara-
graph (C); 
(F) shall require each motor carrier par-
ticipating in the pilot program under an agree-
ment described in subparagraph (C) to— 
(i) have in effect a satisfactory safety 
fitness determination that was issued by 
the Federal Motor Carrier Safety Adminis-
tration during the 2-year period preceding 
the date of the Federal Register publica-
tion required under paragraph (2)(B); and 
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(ii) agree to have its safety perform-
ance monitored by the Secretary during 
participation in the pilot program; 
(G) shall allow for the revocation of a 
motor carrier’s participation in the pilot pro-
gram if a State or the Secretary determines 
that the motor carrier violated the require-
ments, including safety requirements, of the 
pilot program; and 
(H) shall ensure that a valid graduated 
commercial driver’s license issued by a State 
that has entered into an agreement described in 
subparagraph (C) and is approved by the Sec-
retary to participate in the pilot program is rec-
ognized as valid in both States that are partici-
pating in the agreement. 
(c) INSPECTOR GENERAL REPORT.— 
(1) MONITORING.—The Inspector General of 
the Department of Transportation shall monitor and 
review the implementation of the pilot program es-
tablished under subsection (b). 
(2) REPORT.—The Inspector General shall sub-
mit to Congress and the Secretary— 
(A) not later than 1 year after the estab-
lishment of the pilot program under subsection 
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(b), an interim report on the results of the re-
view conducted under paragraph (1); and 
(B) not later than 60 days after the con-
clusion of the pilot program, a final report on 
the results of the review conducted under para-
graph (1). 
(3) ADDITIONAL CONTENTS.— 
(A) INTERIM REPORT.—The interim report 
required under paragraph (2)(A) shall address 
whether the Secretary has established sufficient 
mechanisms and generated sufficient data to 
determine if the pilot program is having any ad-
verse effects on motor carrier safety. 
(B) FINAL REPORT.—The final report re-
quired under paragraph (2)(B) shall address 
the impact of the pilot program on— 
(i) safety; and 
(ii) the number of commercial motor 
vehicle drivers available for employment. 
Subtitle E—General Provisions 
SEC. 5501. MINIMUM FINANCIAL RESPONSIBILITY. 
(a) TRANSPORTING PROPERTY.—If the Secretary 
proceeds with a rulemaking to determine whether to in-
crease the minimum levels of financial responsibility re-
quired under section 31139 of title 49, United States 
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Code, the Secretary shall consider, prior to issuing a final 
rule— 
(1) the rulemaking’s potential impact on— 
(A) the safety of motor vehicle transpor-
tation; and 
(B) the motor carrier industry, including 
small and minority motor carriers and inde-
pendent owner-operators; 
(2) the ability of the insurance industry to pro-
vide the required amount of insurance; 
(3) the extent to which current minimum levels 
of financial responsibility adequately cover— 
(A) medical care; 
(B) compensation; 
(C) attorney fees; and 
(D) other identifiable costs; 
(4) the frequency with which insurance claims 
exceed current minimum levels of financial responsi-
bility in fatal accidents; and 
(5) the impact of increased levels on motor car-
rier safety and accident reduction. 
(b) TRANSPORTING PASSENGERS.— 
(1) IN GENERAL.—Prior to initiating a rule-
making to change the minimum levels of financial 
responsibility under section 31138 of title 49, 
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United States Code, the Secretary shall complete a 
study specific to the minimum financial responsi-
bility requirements for motor carriers of passengers. 
(2) STUDY CONTENTS.—A study under para-
graph (1) shall include— 
(A) a review of accidents, injuries, and fa-
talities in the over-the-road bus and school bus 
industries; 
(B) a review of insurance held by over-the- 
road bus and public and private school bus 
companies, including companies of various sizes, 
and an analysis of whether such insurance is 
adequate to cover claims; 
(C) an analysis of whether and how insur-
ance affects the behavior and safety record of 
motor carriers of passengers, including with re-
spect to crash reduction; and 
(D) an analysis of the anticipated impacts 
of an increase in financial responsibility on in-
surance premiums for passenger carriers and 
service availability. 
(3) CONSULTATION.—In conducting a study 
under paragraph (1), the Secretary shall consult 
with— 
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(A) representatives of the over-the-road 
bus and private school bus transportation in-
dustries, including representatives of bus driv-
ers; and 
(B) insurers of motor carriers of pas-
sengers. 
(4) REPORT.—If the Secretary undertakes a 
study under paragraph (1), the Secretary shall sub-
mit to the Committee on Transportation and Infra-
structure of the House of Representatives and the 
Committee on Commerce, Science, and Transpor-
tation of the Senate a report on the results of the 
study. 
SEC. 5502. DELAYS IN GOODS MOVEMENT. 
(a) REPORT.— 
(1) IN GENERAL.—Not later than 1 year after 
the date of enactment of this Act, the Inspector 
General of the Department shall submit to the Com-
mittee on Transportation and Infrastructure of the 
House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Sen-
ate a report on the average length of time that oper-
ators of commercial motor vehicles are delayed be-
fore the loading and unloading of such vehicles and 
at other points in the pick-up and delivery process. 
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(2) CONTENTS.—The report under paragraph 
(1) shall include— 
(A) an assessment of how delays impact— 
(i) the economy; 
(ii) the efficiency of the transportation 
system; 
(iii) motor carrier safety, including 
the extent to which delays result in viola-
tions of motor carrier safety regulations; 
and 
(iv) the livelihood of motor carrier 
drivers; and 
(B) recommendations on how delays could 
be mitigated. 
(b) COLLECTION OF DATA.—Not later than 2 years 
after the date of enactment of this Act, the Secretary shall 
establish by regulation a process to collect data on delays 
experienced by operators of commercial motor vehicles be-
fore the loading and unloading of such vehicles and at 
other points in the pick-up and delivery process. 
SEC. 5503. REPORT ON MOTOR CARRIER FINANCIAL RE-
SPONSIBILITY. 
(a) IN GENERAL.—Not later than April 1, 2016, the 
Secretary shall publish on a publicly accessible Internet 
Web site of the Department a report on the minimum lev-
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els of financial responsibility required under section 31139 
of title 49, United States Code. 
(b) CONTENTS.—The report required under sub-
section (a) shall include an analysis of— 
(1) the differences between State insurance re-
quirements and Federal requirements; 
(2) the extent to which current minimum levels 
of financial responsibility adequately cover— 
(A) medical care; 
(B) compensation; 
(C) attorney fees; and 
(D) other identifiable costs; and 
(3) the frequency with which insurance claims 
exceed the current minimum levels of financial re-
sponsibility. 
SEC. 5504. EMERGENCY ROUTE WORKING GROUP. 
(a) IN GENERAL.— 
(1) ESTABLISHMENT.—Not later than 1 year 
after the date of enactment of this Act, the Sec-
retary shall establish a working group to determine 
best practices for expeditious State approval of spe-
cial permits for vehicles involved in emergency re-
sponse and recovery. 
(2) MEMBERS.—The working group shall in-
clude representatives from— 
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(A) State highway transportation depart-
ments or agencies; 
(B) relevant modal agencies within the De-
partment; 
(C) emergency response or recovery ex-
perts; 
(D) relevant safety groups; and 
(E) entities affected by special permit re-
strictions during emergency response and recov-
ery efforts. 
(b) CONSIDERATIONS.—In determining best practices 
under subsection (a), the working group shall consider 
whether— 
(1) impediments currently exist that prevent ex-
peditious State approval of special permits for vehi-
cles involved in emergency response and recovery; 
(2) it is possible to pre-identify and establish 
emergency routes between States through which in-
frastructure repair materials could be delivered fol-
lowing a natural disaster or emergency; 
(3) a State could pre-designate an emergency 
route identified under paragraph (2) as a certified 
emergency route if a motor vehicle that exceeds the 
otherwise applicable Federal and State truck length 
or width limits may safely operate along such route 
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during periods of declared emergency and recovery 
from such periods; and 
(4) an online map could be created to identify 
each pre-designated emergency route under para-
graph (3), including information on specific limita-
tions, obligations, and notification requirements 
along that route. 
(c) REPORT.— 
(1) SUBMISSION.—Not later than 1 year after 
the date of enactment of this Act, the working group 
shall submit to the Secretary a report on its findings 
under this section and any recommendations for the 
implementation of best practices for expeditious 
State approval of special permits for vehicles in-
volved in emergency response and recovery. 
(2) PUBLICATION.—Not later than 30 days 
after the date the Secretary receives the report 
under paragraph (1), the Secretary shall publish the 
report on a publicly accessible Internet Web site of 
the Department. 
(d) NOTIFICATION.—Not later than 6 months after 
the date the Secretary receives the report under subsection 
(c)(1), the Secretary shall notify the Committee on Trans-
portation and Infrastructure of the House of Representa-
tives and the Committee on Commerce, Science, and 
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Transportation of the Senate on the actions the Secretary 
and the States have taken to implement the recommenda-
tions included in the report. 
(e) EXEMPTION.—The Federal Advisory Committee 
Act (5 U.S.C. App.) shall not apply to the working group. 
(f) TERMINATION.—The working group shall termi-
nate 1 year after the date the Secretary receives the report 
under subsection (c)(1). 
SEC. 5505. HOUSEHOLD GOODS CONSUMER PROTECTION 
WORKING GROUP. 
(a) WORKING GROUP.—The Secretary shall establish 
a working group for the purpose of developing rec-
ommendations on how to best convey to inexperienced con-
sumers the information such consumers need to know with 
respect to the Federal laws concerning the interstate 
transportation of household goods by motor carrier. 
(b) MEMBERSHIP.—The Secretary shall ensure that 
the working group is comprised of individuals with exper-
tise in consumer affairs, educators with expertise in how 
people learn most effectively, and representatives of the 
household goods moving industry. 
(c) RECOMMENDATIONS.— 
(1) CONTENTS.—The recommendations devel-
oped by the working group shall include rec-
ommendations on— 
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(A) condensing publication ESA 03005 of 
the Federal Motor Carrier Safety Administra-
tion into a format that is more easily used by 
consumers; 
(B) using state-of-the-art education tech-
niques and technologies, including optimizing 
the use of the Internet as an educational tool; 
and 
(C) reducing and simplifying the paper-
work required of motor carriers and shippers in 
interstate transportation. 
(2) DEADLINE.—Not later than 1 year after 
the date of enactment of this Act— 
(A) the working group shall make the rec-
ommendations described in paragraph (1); and 
(B) the Secretary shall publish the rec-
ommendations on a publicly accessible Internet 
Web site of the Department. 
(d) REPORT.—Not later than 1 year after the date 
on which the working group makes its recommendations 
under subsection (c)(2), the Secretary shall issue a report 
to Congress on the implementation of such recommenda-
tions. 
(e) EXEMPTION.—The Federal Advisory Committee 
Act (5 U.S.C. App.) shall not apply to the working group. 
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(f) TERMINATION.—The working group shall termi-
nate 1 year after the date the working group makes its 
recommendations under subsection (c)(2). 
SEC. 5506. TECHNOLOGY IMPROVEMENTS. 
(a) IN GENERAL.—Not later than 1 year after the 
date of enactment of this Act, the Comptroller General 
of the United States shall conduct a comprehensive anal-
ysis of the information technology and data collection and 
management systems of the Federal Motor Carrier Safety 
Administration. 
(b) REQUIREMENTS.—The study conducted under 
subsection (a) shall— 
(1) evaluate the efficacy of the existing infor-
mation technology, data collection, processing sys-
tems, data correction procedures, and data manage-
ment systems and programs, including their inter-
action with each other and their efficacy in meeting 
user needs; 
(2) identify any redundancies among the sys-
tems, procedures, and programs described in para-
graph (1); 
(3) explore the feasibility of consolidating data 
collection and processing systems; 
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(4) evaluate the ability of the systems, proce-
dures, and programs described in paragraph (1) to 
meet the needs of— 
(A) the Federal Motor Carrier Safety Ad-
ministration, at both the headquarters and 
State levels; 
(B) the State agencies that implement the 
motor carrier safety assistance program under 
section 31102 of title 49, United States Code; 
and 
(C) other users; 
(5) evaluate the adaptability of the systems, 
procedures, and programs described in paragraph 
(1), in order to make necessary future changes to 
ensure user needs are met in an easier, timely, and 
more cost efficient manner; 
(6) investigate and make recommendations re-
garding— 
(A) deficiencies in existing data sets im-
pacting program effectiveness; and 
(B) methods to improve user interfaces; 
and 
(7) identify the appropriate role the Federal 
Motor Carrier Safety Administration should take 
with respect to software and information systems de-
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sign, development, and maintenance for the purpose 
of improving the efficacy of the systems, procedures, 
and programs described in paragraph (1). 
SEC. 5507. NOTIFICATION REGARDING MOTOR CARRIER 
REGISTRATION. 
Not later than 30 days after the date of enactment 
of this Act, the Secretary shall submit to the Committee 
on Transportation and Infrastructure of the House of 
Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate written notifi-
cation of the actions the Secretary is taking to ensure, 
to the greatest extent practicable, that each application 
for registration under section 13902 of title 49, United 
States Code, is processed not later than 30 days after the 
date on which the application is received by the Secretary. 
SEC. 5508. TECHNICAL CORRECTIONS. 
(a) TITLE 49.—Title 49, United States Code, is 
amended as follows: 
(1) Section 13902(i)(2) is amended by inserting 
‘‘except as’’ before ‘‘described’’. 
(2) Section 13903(d) is amended by striking 
‘‘(d) REGISTRATION
AS
MOTOR
CARRIER
RE-
QUIRED.—’’ and all that follows through ‘‘(1) IN 
GENERAL.—A freight forwarder’’ and inserting ‘‘(d) 
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REGISTRATION AS MOTOR CARRIER REQUIRED.—A 
freight forwarder’’. 
(3) Section 13905(d)(2)(D) is amended— 
(A) by striking ‘‘the Secretary finds that— 
’’ and all that follows through ‘‘(i) the motor 
carrier,’’ and inserting ‘‘the Secretary finds 
that the motor carrier,’’; and 
(B) by adding a period at the end. 
(4) Section 14901(h) is amended by striking 
‘‘HOUSEHOLD GOODS’’ in the heading. 
(5) Section 14916 is amended by striking the 
section designation and heading and inserting the 
following: 
‘‘§ 14916. Unlawful brokerage activities’’. 
(b) MAP–21.—Effective as of July 6, 2012, and as 
if included therein as enacted, MAP–21 (Public Law 112– 
141) is amended as follows: 
(1) Section 32108(a)(4) (126 Stat. 782) is 
amended by inserting ‘‘for’’ before ‘‘each additional 
day’’ in the matter proposed to be struck. 
(2) Section 32301(b)(3) (126 Stat. 786) is 
amended by striking ‘‘by amending (a) to read as 
follows:’’ and inserting ‘‘by striking subsection (a) 
and inserting the following:’’. 
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(3) Section 32302(c)(2)(B) (126 Stat. 789) is 
amended by striking ‘‘section 32303(c)(1)’’ and in-
serting ‘‘section 32302(c)(1)’’. 
(4) Section 32921(b) (126 Stat. 828) is amend-
ed, in the matter to be inserted, by striking ‘‘(A) In 
addition’’ and inserting the following: 
‘‘(A) IN GENERAL.—In addition’’. 
(5) Section 32931(c) (126 Stat. 829) is amend-
ed— 
(A) by striking ‘‘Secretary’’ and inserting 
‘‘Secretary of Transportation’’ in the matter to 
be struck; and 
(B) by striking ‘‘Secretary’’ and inserting 
‘‘Secretary of Transportation’’ in the matter to 
be inserted. 
(c) MOTOR CARRIER SAFETY IMPROVEMENT ACT OF 
1999.—Section 229(a)(1) of the Motor Carrier Safety Im-
provement Act of 1999 (49 U.S.C. 31136 note) is amend-
ed by inserting ‘‘of title 49, United States Code,’’ after 
‘‘sections 31136 and 31502’’. 
TITLE VI—INNOVATION 
SEC. 6001. SHORT TITLE. 
This title may be cited as the ‘‘Transportation for 
Tomorrow Act of 2015’’. 
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SEC. 6002. AUTHORIZATION OF APPROPRIATIONS. 
(a) IN GENERAL.—The following amounts are au-
thorized to be appropriated out of the Highway Trust 
Fund (other than the Mass Transit Account): 
(1) HIGHWAY RESEARCH AND DEVELOPMENT 
PROGRAM.—To carry out section 503(b) of title 23, 
United States Code, $125,000,000 for each of fiscal 
years 2016 through 2021. 
(2) TECHNOLOGY
AND
INNOVATION
DEPLOY-
MENT PROGRAM.—To carry out section 503(c) of 
title 23, United States Code— 
(A) $67,000,000 for fiscal year 2016; 
(B) $67,500,000 for fiscal year 2017; 
(C) $67,500,000 for fiscal year 2018; 
(D) $67,500,000 for fiscal year 2019; 
(E) $67,500,000 for fiscal year 2020; and 
(F) $67,500,000 for fiscal year 2021. 
(3) TRAINING AND EDUCATION.—To carry out 
section 504 of title 23, United States Code 
$24,000,000 for each of fiscal years 2016 through 
2021. 
(4) INTELLIGENT
TRANSPORTATION
SYSTEMS 
PROGRAM.—To carry out sections 512 through 518 
of title 23, United States Code $100,000,000 for 
each of fiscal years 2016 through 2021. 
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(5) UNIVERSITY
TRANSPORTATION
CENTERS 
PROGRAM.—To carry out section 5505 of title 49, 
United States Code— 
(A) $72,500,000 for fiscal year 2016; 
(B) $75,000,000 for fiscal year 2017; 
(C) $75,000,000 for fiscal year 2018; 
(D) $77,500,000 for fiscal year 2019; 
(E) $77,500,000 for fiscal year 2020; and 
(F) $77,500,000 for fiscal year 2021. 
(6) BUREAU
OF
TRANSPORTATION
STATIS-
TICS.—To carry out chapter 63 of title 49, United 
States Code, $26,000,000 for each of fiscal years 
2016 through 2021. 
(b) APPLICABILITY OF TITLE 23, UNITED STATES 
CODE.—Funds authorized to be appropriated by sub-
section (a) shall— 
(1) be available for obligation in the same man-
ner as if those funds were apportioned under chap-
ter 1 of title 23, United States Code, except that the 
Federal share of the cost of a project or activity car-
ried out using those funds shall be 80 percent, un-
less otherwise expressly provided by this Act (includ-
ing the amendments by this Act) or otherwise deter-
mined by the Secretary; and 
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(2) remain available until expended and not be 
transferable, except as otherwise provided in this 
Act. 
SEC. 6003. ADVANCED TRANSPORTATION AND CONGESTION 
MANAGEMENT 
TECHNOLOGIES 
DEPLOY-
MENT. 
Section 503(c) of title 23, United States Code, is 
amended by adding at the end the following: 
‘‘(4) 
ADVANCED
TRANSPORTATION
TECH-
NOLOGIES DEPLOYMENT.— 
‘‘(A) IN
GENERAL.—Not later than 6 
months after the date of enactment of this 
paragraph, the Secretary shall establish an ad-
vanced transportation and congestion manage-
ment technologies deployment initiative to pro-
vide grants to eligible entities to develop model 
deployment sites for large scale installation and 
operation of advanced transportation tech-
nologies to improve safety, efficiency, system 
performance, and infrastructure return on in-
vestment. 
‘‘(B) CRITERIA.—The Secretary shall de-
velop criteria for selection of an eligible entity 
to receive a grant under this paragraph, includ-
ing how the deployment of technology will— 
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‘‘(i) reduce costs and improve return 
on investments, including through the en-
hanced use of existing transportation ca-
pacity; 
‘‘(ii) deliver environmental benefits 
that alleviate congestion and streamline 
traffic flow; 
‘‘(iii) measure and improve the oper-
ational performance of the applicable 
transportation network; 
‘‘(iv) reduce the number and severity 
of traffic crashes and increase driver, pas-
senger, and pedestrian safety; 
‘‘(v) collect, disseminate, and use real- 
time traffic, transit, parking, and other 
transportation-related information to im-
prove mobility, reduce congestion, and pro-
vide for more efficient and accessible 
transportation; 
‘‘(vi) monitor transportation assets to 
improve infrastructure management, re-
duce maintenance costs, prioritize invest-
ment decisions, and ensure a state of good 
repair; 
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‘‘(vii) deliver economic benefits by re-
ducing delays, improving system perform-
ance, and providing for the efficient and 
reliable movement of goods and services; or 
‘‘(viii) accelerate the deployment of 
vehicle-to-vehicle, vehicle-to-infrastructure, 
autonomous vehicles, and other tech-
nologies. 
‘‘(C) APPLICATIONS.— 
‘‘(i) REQUEST.—Not later than 6 
months after the date of enactment of this 
paragraph, and for every fiscal year there-
after, the Secretary shall request applica-
tions in accordance with clause (ii). 
‘‘(ii) CONTENTS.—An application sub-
mitted under this subparagraph shall in-
clude the following: 
‘‘(I) PLAN.—A plan to deploy 
and provide for the long-term oper-
ation and maintenance of advanced 
transportation and congestion man-
agement technologies to improve safe-
ty, efficiency, system performance, 
and return on investment. 
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‘‘(II) OBJECTIVES.—Quantifiable 
system 
performance 
improvements, 
such as— 
‘‘(aa) 
reducing 
traffic-re-
lated crashes, congestion, and 
costs; 
‘‘(bb) optimizing system effi-
ciency; and 
‘‘(cc) improving access to 
transportation services. 
‘‘(III) 
RESULTS.—Quantifiable 
safety, mobility, and environmental 
benefit projections such as data-driven 
estimates of how the project will im-
prove the region’s transportation sys-
tem efficiency and reduce traffic con-
gestion. 
‘‘(IV) PARTNERSHIPS.—A plan 
for partnering with the private sector 
or 
public 
agencies, 
including 
multimodal and multijurisdictional en-
tities, research institutions, organiza-
tions representing transportation and 
technology leaders, or other transpor-
tation stakeholders. 
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‘‘(V) LEVERAGING.—A plan to 
leverage and optimize existing local 
and regional advanced transportation 
technology investments. 
‘‘(D) GRANT SELECTION.— 
‘‘(i) GRANT AWARDS.—Not later than 
1 year after the date of enactment of this 
paragraph, and for every fiscal year there-
after, the Secretary shall award grants to 
not less than 5 and not more than 8 eligi-
ble entities. 
‘‘(ii) 
GEOGRAPHIC
DIVERSITY.—In 
awarding a grant under this paragraph, 
the Secretary shall ensure, to the extent 
practicable, that grant recipients represent 
diverse geographic areas of the United 
States. 
‘‘(E) USE OF GRANT FUNDS.—A grant re-
cipient may use funds awarded under this para-
graph to deploy advanced transportation and 
congestion management technologies, includ-
ing— 
‘‘(i) advanced traveler information 
systems; 
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services for elderly and disabled individ-
uals. 
‘‘(F) REPORT TO SECRETARY.—Not later 
than 1 year after an eligible entity receives a 
grant under this paragraph, and each year 
thereafter, the entity shall submit a report to 
the Secretary that describes— 
‘‘(i) deployment and operational costs 
of the project compared to the benefits and 
savings the project provides; and 
‘‘(ii) how the project has met the 
original expectations projected in the de-
ployment plan submitted with the applica-
tion, such as— 
‘‘(I) data on how the project has 
helped reduce traffic crashes, conges-
tion, costs, and other benefits of the 
deployed systems; 
‘‘(II) data on the effect of meas-
uring and improving transportation 
system performance through the de-
ployment of advanced technologies; 
‘‘(III) the effectiveness of pro-
viding real-time integrated traffic, 
transit, and multimodal transpor-
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tation information to the public to 
make informed travel decisions; and 
‘‘(IV) lessons learned and rec-
ommendations for future deployment 
strategies to optimize transportation 
efficiency and multimodal system per-
formance. 
‘‘(G) REPORT.—Not later than 3 years 
after the date that the first grant is awarded 
under this paragraph, and each year thereafter, 
the Secretary shall make available to the public 
on an Internet Web site a report that describes 
the effectiveness of grant recipients in meeting 
their projected deployment plans, including data 
provided under subparagraph (F) on how the 
program has— 
‘‘(i) reduced traffic-related fatalities 
and injuries; 
‘‘(ii) reduced traffic congestion and 
improved travel time reliability; 
‘‘(iii) reduced transportation-related 
emissions; 
‘‘(iv) optimized multimodal system 
performance; 
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‘‘(v) improved access to transportation 
alternatives; 
‘‘(vi) provided the public with access 
to real-time integrated traffic, transit, and 
multimodal transportation information to 
make informed travel decisions; 
‘‘(vii) provided cost savings to trans-
portation agencies, businesses, and the 
traveling public; or 
‘‘(viii) provided other benefits to 
transportation users and the general pub-
lic. 
‘‘(H) ADDITIONAL
GRANTS.—The Sec-
retary may cease to provide additional grant 
funds to a recipient of a grant under this para-
graph if— 
‘‘(i) the Secretary determines from 
such recipient’s report that the recipient is 
not carrying out the requirements of the 
grant; and 
‘‘(ii) the Secretary provides written 
notice 60 days prior to withholding funds 
to the Committee on Transportation and 
Infrastructure of the House of Representa-
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tives and the Committee on Environment 
and Public Works of the Senate. 
‘‘(I) FUNDING.— 
‘‘(i) IN GENERAL.—From funds made 
available to carry out section 503(b), this 
subsection, and sections 512 through 518, 
the Secretary shall set aside for grants 
awarded 
under 
subparagraph 
(D) 
$75,000,000 for each of fiscal years 2016 
through 2021. 
‘‘(ii) 
EXPENSES
FOR
THE
SEC-
RETARY.—Of the amounts set aside under 
clause (i), the Secretary may set aside 
$2,000,000 each fiscal year for program 
reporting, evaluation, and administrative 
costs related to this paragraph. 
‘‘(J) 
FEDERAL
SHARE.—The 
Federal 
share of the cost of a project for which a grant 
is awarded under this subsection shall not ex-
ceed 50 percent of the cost of the project. 
‘‘(K) GRANT LIMITATION.—The Secretary 
may not award more than 20 percent of the 
amount described under subparagraph (I) in a 
fiscal year to a single grant recipient. 
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‘‘(L) EXPENSES
FOR
GRANT
RECIPI-
ENTS.—A grant recipient under this paragraph 
may use not more than 5 percent of the funds 
awarded each fiscal year to carry out planning 
and reporting requirements. 
‘‘(M) GRANT FLEXIBILITY.— 
‘‘(i) IN GENERAL.—If, by August 1 of 
each fiscal year, the Secretary determines 
that there are not enough grant applica-
tions that meet the requirements described 
in subparagraph (C) to carry out this sec-
tion for a fiscal year, the Secretary shall 
transfer to the programs specified in clause 
(ii)— 
‘‘(I) any of the funds reserved for 
the fiscal year under subparagraph (I) 
that the Secretary has not yet award-
ed under this paragraph; and 
‘‘(II) an amount of obligation 
limitation equal to the amount of 
funds that the Secretary transfers 
under subclause (I). 
‘‘(ii) PROGRAMS.—The programs re-
ferred to in clause (i) are— 
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‘‘(I) the program under section 
503(b); 
‘‘(II) the program under section 
503(c); and 
‘‘(III) the programs under sec-
tions 512 through 518. 
‘‘(iii) DISTRIBUTION.—Any transfer 
of funds and obligation limitation under 
clause (i) shall be divided among the pro-
grams referred to in that clause in the 
same proportions as the Secretary origi-
nally reserved funding from the programs 
for the fiscal year under subparagraph (I). 
‘‘(N) DEFINITIONS.—In this paragraph, 
the following definitions apply: 
‘‘(i) ELIGIBLE ENTITY.—The term ‘el-
igible entity’ means a State or local gov-
ernment, a transit agency, metropolitan 
planning organization representing a popu-
lation of over 200,000, or other political 
subdivision of a State or local government 
or a multijurisdictional group. 
‘‘(ii) ADVANCED
AND
CONGESTION 
MANAGEMENT
TRANSPORTATION
TECH-
NOLOGIES.—The term ‘advanced transpor-
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tation and congestion management tech-
nologies’ means technologies that improve 
the efficiency, safety, or state of good re-
pair of surface transportation systems, in-
cluding intelligent transportation systems. 
‘‘(iii) 
MULTIJURISDICTIONAL 
GROUP.—The 
term 
‘multijurisdictional 
group’ means a any combination of State 
governments, locals governments, metro-
politan planning agencies, transit agencies, 
or other political subdivisions of a State 
for which each member of the group— 
‘‘(I) has signed a written agree-
ment to implement the advanced 
transportation 
technologies 
deploy-
ment initiative across jurisdictional 
boundaries; and 
‘‘(II) is an eligible entity under 
this paragraph.’’. 
SEC. 6004. TECHNOLOGY AND INNOVATION DEPLOYMENT 
PROGRAM. 
Section 503(c)(3) of title 23, United States Code, is 
amended— 
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(1) in subparagraph (C) by striking ‘‘2013 
through 2014’’ and inserting ‘‘2016 through 2021’’; 
and 
(2) by adding at the end the following: 
‘‘(D) PUBLICATION.—The Secretary shall 
make available to the public on an Internet 
Web site on an annual basis a report on the 
cost and benefits from deployment of new tech-
nology and innovations that substantially and 
directly resulted from the program established 
under this paragraph. The report may include 
an analysis of— 
‘‘(i) Federal, State, and local cost sav-
ings; 
‘‘(ii) project delivery time improve-
ments; 
‘‘(iii) reduced fatalities; and 
‘‘(iv) congestion impacts.’’. 
SEC. 
6005. 
INTELLIGENT 
TRANSPORTATION 
SYSTEM 
GOALS. 
Section 514(a) of title 23, United States Code, is 
amended— 
(1) in paragraph (4) by striking ‘‘and’’ at the 
end; 
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(2) in paragraph (5) by striking the period at 
the end and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(6) enhancement of the national freight sys-
tem and support to national freight policy goals by 
conducting heavy duty vehicle demonstration activi-
ties and accelerating adoption of intelligent trans-
portation system applications in freight operations.’’. 
SEC. 6006. INTELLIGENT TRANSPORTATION SYSTEM PRO-
GRAM REPORT. 
Section 515(h)(4) of title 23, United States Code, is 
amended— 
(1) by striking ‘‘February 1 of each year after 
the date of enactment of the Transportation Re-
search and Innovative Technology Act of 2012’’ and 
inserting ‘‘May 1 of each year’’; and 
(2) by striking ‘‘submit to Congress’’ and in-
serting ‘‘make available to the public on a Depart-
ment of Transportation Web site’’. 
SEC. 6007. INTELLIGENT TRANSPORTATION SYSTEM NA-
TIONAL ARCHITECTURE AND STANDARDS. 
Section 517(a)(3) of title 23, United States Code, is 
amended by striking ‘‘memberships are comprised of, and 
represent,’’ and inserting ‘‘memberships include represent-
atives of’’. 
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SEC. 6008. COMMUNICATION SYSTEMS DEPLOYMENT RE-
PORT. 
Section 518(a) of title 23, United States Code, is 
amended by striking ‘‘Not later than 3’’ and all that fol-
lows through ‘‘House of Representatives’’ and inserting 
‘‘Not later than July 6, 2016, the Secretary shall make 
available to the public on a Department of Transportation 
Web site a report’’. 
SEC. 6009. INFRASTRUCTURE DEVELOPMENT. 
(a) IN GENERAL.—Chapter 5 of title 23, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘§ 519. Infrastructure development 
‘‘Funds made available to carry out this chapter for 
operational tests— 
‘‘(1) shall be used primarily for the development 
of intelligent transportation system infrastructure, 
equipment, and systems; and 
‘‘(2) to the maximum extent practicable, shall 
not be used for the construction of physical surface 
transportation infrastructure unless the construction 
is incidental and critically necessary to the imple-
mentation of an intelligent transportation system 
project.’’. 
(b) TECHNICAL AND CONFORMING AMENDMENTS.— 
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(1) CLERICAL AMENDMENT.—The analysis for 
chapter 5 of title 23, United States Code, is amend-
ed by adding at the end the following new item: 
‘‘519. Infrastructure development.’’. 
(2) TECHNICAL AMENDMENT.—The item relat-
ing to section 512 in the analysis for chapter 5 of 
title 23, United States Code, is amended to read as 
follows: 
‘‘512. National ITS program plan.’’. 
SEC. 6010. DEPARTMENTAL RESEARCH PROGRAMS. 
(a) ASSISTANT SECRETARY
FOR RESEARCH
AND 
TECHNOLOGY.—Section 102(e) of title 49, United States 
Code, is amended— 
(1) in paragraph (1) by striking ‘‘5’’ and insert-
ing ‘‘6’’; and 
(2) in paragraph (1)(A) by inserting ‘‘an As-
sistant Secretary for Research and Technology,’’ 
after ‘‘Governmental Affairs,’’. 
(b) RESEARCH ACTIVITIES.—Section 330 of title 49, 
United States Code, is amended— 
(1) in the section heading by striking ‘‘con-
tracts’’ and inserting ‘‘activities’’; 
(2) in subsection (a) by striking ‘‘The Secretary 
of’’ and inserting ‘‘IN GENERAL.—The Secretary 
of’’; 
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(3) in subsection (b) by striking ‘‘In carrying’’ 
and inserting ‘‘RESPONSIBILITIES.—In carrying’’; 
(4) in subsection (c) by striking ‘‘The Sec-
retary’’ and inserting ‘‘PUBLICATIONS.—The Sec-
retary’’; and 
(5) by adding at the end the following: 
‘‘(d) DUTIES.—The Secretary shall provide for the 
following: 
‘‘(1) Coordination, facilitation, and review of 
Department of Transportation research and develop-
ment programs and activities. 
‘‘(2) Advancement, and research and develop-
ment, of innovative technologies, including intelligent 
transportation systems. 
‘‘(3) Comprehensive transportation statistics re-
search, analysis, and reporting. 
‘‘(4) Education and training in transportation 
and transportation-related fields. 
‘‘(5) Activities of the Volpe National Transpor-
tation Systems Center. 
‘‘(6) Coordination in support of multimodal and 
multidisciplinary research activities. 
‘‘(e) ADDITIONAL
AUTHORITIES.—The Secretary 
may— 
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‘‘(1) enter into grants and cooperative agree-
ments with Federal agencies, State and local govern-
ment agencies, other public entities, private organi-
zations, and other persons to conduct research into 
transportation service and infrastructure assurance 
and to carry out other research activities of the De-
partment of Transportation; 
‘‘(2) carry out, on a cost-shared basis, collabo-
rative research and development to encourage inno-
vative solutions to multimodal transportation prob-
lems and stimulate the deployment of new tech-
nology with— 
‘‘(A) non-Federal entities, including State 
and local governments, foreign governments, in-
stitutions of higher education, corporations, in-
stitutions, partnerships, sole proprietorships, 
and trade associations that are incorporated or 
established under the laws of any State; 
‘‘(B) Federal laboratories; and 
‘‘(C) other Federal agencies; and 
‘‘(3) directly initiate contracts, grants, coopera-
tive research and development agreements (as de-
fined in section 12 of the Stevenson-Wydler Tech-
nology Innovation Act of 1980 (15 U.S.C. 3710a)), 
and other agreements to fund, and accept funds 
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from, the Transportation Research Board of the Na-
tional Academies, State departments of transpor-
tation, cities, counties, institutions of higher edu-
cation, associations, and the agents of those entities 
to carry out joint transportation research and tech-
nology efforts. 
‘‘(f) FEDERAL SHARE.— 
‘‘(1) IN GENERAL.—Subject to paragraph (2), 
the Federal share of the cost of an activity carried 
out under subsection (e)(3) shall not exceed 50 per-
cent. 
‘‘(2) EXCEPTION.—If the Secretary determines 
that the activity is of substantial public interest or 
benefit, the Secretary may approve a greater Federal 
share. 
‘‘(3) NON-FEDERAL SHARE.—All costs directly 
incurred by the non-Federal partners, including per-
sonnel, travel, facility, and hardware development 
costs, shall be credited toward the non-Federal share 
of the cost of an activity described in subsection 
(e)(3). 
‘‘(g) PROGRAM EVALUATION AND OVERSIGHT.—For 
each of fiscal years 2016 through 2021, the Secretary is 
authorized to expend not more than 1 and a half percent 
of the amounts authorized to be appropriated for the co-
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ordination, evaluation, and oversight of the programs ad-
ministered by the Office of the Assistant Secretary for Re-
search and Technology. 
‘‘(h) USE OF TECHNOLOGY.—The research, develop-
ment, or use of a technology under a contract, grant, coop-
erative research and development agreement, or other 
agreement entered into under this section, including the 
terms under which the technology may be licensed and the 
resulting royalties may be distributed, shall be subject to 
the Stevenson-Wydler Technology Innovation Act of 1980 
(15 U.S.C. 3701 et seq.). 
‘‘(i) WAIVER
OF ADVERTISING REQUIREMENTS.— 
Section 6101 of title 41 shall not apply to a contract, 
grant, or other agreement entered into under this sec-
tion.’’. 
(c) CLERICAL AMENDMENT.—The item relating to 
section 330 in the analysis of chapter 3 of title 49, United 
States Code, is amended to read as follows: 
‘‘330. Research activities.’’. 
(d) TECHNICAL AND CONFORMING AMENDMENTS.— 
(1) TITLE 5 AMENDMENTS.— 
(A) POSITIONS
AT
LEVEL
II.—Section 
5313 of title 5, United States Code, is amended 
by striking ‘‘The Under Secretary of Transpor-
tation for Security.’’. 
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(B) POSITIONS
AT
LEVEL
IV.—Section 
5315 of title 5, United States Code, is amended 
in the undesignated item relating to Assistant 
Secretaries of Transportation by striking ‘‘(4)’’ 
and inserting ‘‘(5)’’. 
(C) POSITIONS
AT
LEVEL
V.—Section 
5316 of title 5, United States Code, is amended 
by striking ‘‘Associate Deputy Secretary, De-
partment of Transportation.’’. 
(2) BUREAU
OF
TRANSPORTATION
STATIS-
TICS.—Section 6302(a) of title 49, United States 
Code, is amended to read as follows: 
‘‘(a) IN GENERAL.—There shall be within the De-
partment of Transportation the Bureau of Transportation 
Statistics.’’. 
SEC. 6011. RESEARCH AND INNOVATIVE TECHNOLOGY AD-
MINISTRATION. 
(a) REPEAL.—Section 112 of title 49, United States 
Code, is repealed. 
(b) CLERICAL AMENDMENT.—The analysis for chap-
ter 1 of title 49, United States Code, is amended by strik-
ing the item relating to section 112. 
SEC. 6012. OFFICE OF INTERMODALISM. 
(a) REPEAL.—Section 5503 of title 49, United States 
Code, is repealed. 
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(b) CLERICAL AMENDMENT.—The analysis for chap-
ter 55 of title 49, United States Code, is amended by 
striking the item relating to section 5503. 
SEC. 6013. UNIVERSITY TRANSPORTATION CENTERS. 
Section 5505 of title 49, United States Code, is 
amended to read as follows: 
‘‘§ 5505. University transportation centers program 
‘‘(a) UNIVERSITY TRANSPORTATION CENTERS PRO-
GRAM.— 
‘‘(1) ESTABLISHMENT
AND
OPERATION.—The 
Secretary shall make grants under this section to eli-
gible nonprofit institutions of higher education to es-
tablish and operate university transportation cen-
ters. 
‘‘(2) ROLE OF CENTERS.—The role of each uni-
versity transportation center referred to in para-
graph (1) shall be— 
‘‘(A) to advance transportation expertise 
and technology in the varied disciplines that 
comprise the field of transportation through 
education, research, and technology transfer ac-
tivities; 
‘‘(B) to provide for a critical transpor-
tation knowledge base outside of the Depart-
ment of Transportation; and 
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‘‘(C) to address critical workforce needs 
and educate the next generation of transpor-
tation leaders. 
‘‘(b) COMPETITIVE SELECTION PROCESS.— 
‘‘(1) APPLICATIONS.—To receive a grant under 
this section, a consortium of nonprofit institution of 
higher education shall submit to the Secretary an 
application that is in such form and contains such 
information as the Secretary may require. 
‘‘(2) RESTRICTION.—An institution of higher 
education may not receive funding (directly or indi-
rectly) in a fiscal year under 2 different awards 
under this section. 
‘‘(3) COORDINATION.—The Secretary shall so-
licit grant applications for national transportation 
centers, regional transportation centers, and Tier 1 
university transportation centers with identical ad-
vertisement schedules and deadlines. 
‘‘(4) GENERAL SELECTION CRITERIA.— 
‘‘(A) IN GENERAL.—Except as otherwise 
provided by this section, the Secretary shall 
award grants under this section in nonexclusive 
candidate topic areas established by the Sec-
retary that address the research priorities iden-
tified in section 503 of title 23. 
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‘‘(B) CRITERIA.—The Secretary, in con-
sultation with the Assistant Secretary for Re-
search and Technology and the Administrator 
of the Federal Highway Administration, shall 
select each recipient of a grant under this sec-
tion through a competitive process based on the 
assessment of the Secretary relating to— 
‘‘(i) the demonstrated ability of the 
recipient to address each specific topic area 
described in the research and strategic 
plans of the recipient; 
‘‘(ii) the demonstrated research, tech-
nology transfer, and education resources 
available to the recipient to carry out this 
section; 
‘‘(iii) the ability of the recipient to 
provide leadership in solving immediate 
and long-range national and regional 
transportation problems; 
‘‘(iv) the ability of the recipient to 
carry out research, education, and tech-
nology 
transfer 
activities 
that 
are 
multimodal and multidisciplinary in scope; 
‘‘(v) the demonstrated commitment of 
the recipient to carry out transportation 
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workforce 
development 
programs 
through— 
‘‘(I) degree-granting programs or 
programs that provide other industry- 
recognized credentials; and 
‘‘(II) outreach activities to at-
tract new entrants into the transpor-
tation field; 
‘‘(vi) the demonstrated ability of the 
recipient to disseminate results and spur 
the implementation of transportation re-
search and education programs through 
national or statewide continuing education 
programs; 
‘‘(vii) the demonstrated commitment 
of the recipient to the use of peer review 
principles and other research best practices 
in the selection, management, and dissemi-
nation of research projects; 
‘‘(viii) the strategic plan submitted by 
the recipient describing the proposed re-
search to be carried out by the recipient 
and the performance metrics to be used in 
assessing the performance of the recipient 
in meeting the stated research, technology 
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transfer, education, and outreach goals; 
and 
‘‘(ix) the ability of the recipient to im-
plement the proposed program in a cost-ef-
ficient manner, such as through cost shar-
ing and overall reduced overhead, facilities, 
and administrative costs. 
‘‘(5) TRANSPARENCY.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
provide to each applicant, upon request, any 
materials, including copies of reviews (with any 
information that would identify a reviewer re-
dacted), used in the evaluation process of the 
proposal of the applicant. 
‘‘(B) REPORTS.—The Secretary shall sub-
mit to the Committees on Transportation and 
Infrastructure and Science, Space, and Tech-
nology of the House of Representatives and the 
Committee on Environment and Public Works 
of the Senate a report describing the overall re-
view process under paragraph (3) that in-
cludes— 
‘‘(i) specific criteria of evaluation used 
in the review; 
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‘‘(ii) descriptions of the review proc-
ess; and 
‘‘(iii) explanations of the selected 
awards. 
‘‘(6) OUTSIDE STAKEHOLDERS.—The Secretary 
shall, to the maximum extent practicable, consult ex-
ternal stakeholders such as the Transportation Re-
search Board of the National Research Council of 
the National Academies to evaluate and competi-
tively review all proposals. 
‘‘(c) GRANTS.— 
‘‘(1) IN GENERAL.—Not later than 1 year after 
the date of enactment of this section, the Secretary, 
Assistant Secretary for Research and Technology 
and the Administrator of the Federal Highway Ad-
ministration shall select grant recipients under sub-
section (b) and make grant amounts available to the 
selected recipients. 
‘‘(2) NATIONAL TRANSPORTATION CENTERS.— 
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), the Secretary shall provide grants to 
5 consortia that the Secretary determines best 
meet the criteria described in subsection (b)(4). 
‘‘(B) RESTRICTIONS.— 
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‘‘(i) IN
GENERAL.—For each fiscal 
year, a grant made available under this 
paragraph shall be not greater than 
$4,000,000 and not less than $2,000,000 
per recipient. 
‘‘(ii) FOCUSED RESEARCH.—A consor-
tium receiving a grant under this para-
graph shall focus research on 1 of the 
transportation issue areas specified in sec-
tion 508(a)(2) of title 23, United States 
Code. 
‘‘(C) MATCHING REQUIREMENT.— 
‘‘(i) IN GENERAL.—As a condition of 
receiving a grant under this paragraph, a 
grant recipient shall match 100 percent of 
the amounts made available under the 
grant. 
‘‘(ii) 
SOURCES.—The 
matching 
amounts referred to in clause (i) may in-
clude amounts made available to the recipi-
ent under— 
‘‘(I) section 504(b) of title 23, 
United States Code; or 
‘‘(II) section 505 of title 23, 
United States Code. 
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‘‘(3) REGIONAL UNIVERSITY TRANSPORTATION 
CENTERS.— 
‘‘(A) LOCATION OF REGIONAL CENTERS.— 
One regional university transportation center 
shall be located in each of the 10 Federal re-
gions that comprise the Standard Federal Re-
gions established by the Office of Management 
and Budget in the document entitled ‘Standard 
Federal Regions’ and dated April, 1974 (cir-
cular A–105). 
‘‘(B) 
SELECTION
CRITERIA.—In 
con-
ducting a competition under subsection (b), the 
Secretary shall provide grants to 10 consortia 
on the basis of— 
‘‘(i) the criteria described in sub-
section (b)(4); 
‘‘(ii) the location of the lead center 
within the Federal region to be served; and 
‘‘(iii) whether the consortium of insti-
tutions demonstrates that the consortium 
has a well-established, nationally recog-
nized program in transportation research 
and education, as evidenced by— 
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‘‘(I) recent expenditures by the 
institution in highway or public trans-
portation research; 
‘‘(II) a historical track record of 
awarding graduate degrees in profes-
sional fields closely related to high-
ways and public transportation; and 
‘‘(III) an experienced faculty who 
specialize in professional fields closely 
related to highways and public trans-
portation. 
‘‘(C) 
RESTRICTIONS.—For 
each 
fiscal 
year, a grant made available under this para-
graph shall be not greater than $3,000,000 and 
not less than $1,500,000 per recipient. 
‘‘(D) MATCHING REQUIREMENTS.— 
‘‘(i) IN GENERAL.—As a condition of 
receiving a grant under this paragraph, a 
grant recipient shall match 100 percent of 
the amounts made available under the 
grant. 
‘‘(ii) 
SOURCES.—The 
matching 
amounts referred to in clause (i) may in-
clude amounts made available to the recipi-
ent under— 
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‘‘(I) section 504(b) of title 23, 
United States Code; or 
‘‘(II) section 505 of title 23, 
United States Code. 
‘‘(E) FOCUSED RESEARCH.—The Secretary 
shall make a grant to 1 of the 10 regional uni-
versity transportation centers established under 
this paragraph for the purpose of furthering the 
objectives described in subsection (a)(2) in the 
field of comprehensive transportation safety. 
‘‘(4) TIER
UNIVERSITY
TRANSPORTATION 
CENTERS.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
provide grants of not greater than $2,000,000 
and not less than $1,000,000 to not more than 
20 recipients to carry out this paragraph. 
‘‘(B) MATCHING REQUIREMENT.— 
‘‘(i) IN GENERAL.—As a condition of 
receiving a grant under this paragraph, a 
grant recipient shall match 50 percent of 
the amounts made available under the 
grant. 
‘‘(ii) 
SOURCES.—The 
matching 
amounts referred to in clause (i) may in-
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clude amounts made available to the recipi-
ent under— 
‘‘(I) section 504(b) of title 23, 
United States Code; or 
‘‘(II) section 505 of title 23, 
United States Code. 
‘‘(C) FOCUSED
RESEARCH.—In awarding 
grants under this paragraph, consideration shall 
be given to minority institutions, as defined by 
section 365 of the Higher Education Act of 
1965 (20 U.S.C. 1067k), or consortia that in-
clude such institutions that have demonstrated 
an ability in transportation-related research. 
‘‘(d) PROGRAM COORDINATION.— 
‘‘(1) IN GENERAL.—The Secretary shall— 
‘‘(A) coordinate the research, education, 
and technology transfer activities carried out by 
grant recipients under this section; and 
‘‘(B) disseminate the results of that re-
search through the establishment and operation 
of a publically accessible online information 
clearinghouse. 
‘‘(2) ANNUAL REVIEW AND EVALUATION.—Not 
less frequently than annually, and consistent with 
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the plan developed under section 508 of title 23, the 
Secretary shall— 
‘‘(A) review and evaluate the programs 
carried out under this section by grant recipi-
ents; and 
‘‘(B) submit to the Committees on Trans-
portation and Infrastructure and Science, 
Space, and Technology of the House of Rep-
resentatives and the Committee on Environ-
ment and Public Works of the Senate a report 
describing that review and evaluation. 
‘‘(3) 
PROGRAM
EVALUATION
AND
OVER-
SIGHT.—For each of fiscal years 2016 through 
2021, the Secretary shall expend not more than 1 
and a half percent of the amounts made available to 
the Secretary to carry out this section for any co-
ordination, evaluation, and oversight activities of the 
Secretary under this section. 
‘‘(e) LIMITATION ON AVAILABILITY OF AMOUNTS.— 
Amounts made available to the Secretary to carry out this 
section shall remain available for obligation by the Sec-
retary for a period of 3 years after the last day of the 
fiscal year for which the amounts are authorized. 
‘‘(f) INFORMATION COLLECTION.—Any survey, ques-
tionnaire, or interview that the Secretary determines to 
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be necessary to carry out reporting requirements relating 
to any program assessment or evaluation activity under 
this section, including customer satisfaction assessments, 
shall not be subject to chapter 35 of title 44.’’. 
SEC. 6014. BUREAU OF TRANSPORTATION STATISTICS. 
(a) BUREAU
OF TRANSPORTATION STATISTICS.— 
Section 6302(b)(3)(B) of title 49, United States Code, is 
amended— 
(1) in clause (vi)(III) by striking ‘‘section 
6310’’ and inserting ‘‘section 6309’’; 
(2) by redesignating clauses (vii), (viii), (ix), 
and (x) as clauses (x), (xi), (xii), and (xiii), respec-
tively; and 
(3) by inserting after clause (vi) the following: 
‘‘(vii) develop and improve transpor-
tation economic accounts to meet demand 
for methods for estimating the economic 
value of transportation infrastructure, in-
vestment, and services; 
‘‘(viii) not be required to obtain the 
approval of any other officer or employee 
of the Department in connection with the 
collection or analysis of any information; 
‘‘(ix) Not be required, prior to publi-
cation, to obtain the approval of any other 
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officer or employee of the Federal Govern-
ment with respect to the substance of any 
statistical technical reports or press re-
leases that the Director has prepared in 
accordance with the law.’’. 
(b) TECHNICAL AMENDMENT.—Section 6311(5) of 
title 49, United States Code, is amended by striking ‘‘sec-
tion 6310’’ and inserting ‘‘section 6309’’. 
SEC. 6015. SURFACE TRANSPORTATION SYSTEM FUNDING 
ALTERNATIVES. 
(a) IN GENERAL.—The Secretary shall establish a 
program to provide grants to States to demonstrate user- 
based alternative revenue mechanisms that utilize a user 
fee structure to maintain the long-term solvency of the 
Highway Trust Fund. 
(b) APPLICATION.—To be eligible for a grant under 
this section, a State or group of States shall submit to 
the Secretary an application in such form and containing 
such information as the Secretary may require. 
(c) OBJECTIVES.—The Secretary shall ensure that 
the activities carried out using funds provided under this 
section meet the following objectives: 
(1) To test the design, acceptance, and imple-
mentation of 2 or more future user-based alternative 
revenue mechanisms. 
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(2) To improve the functionality of such user- 
based alternative revenue mechanisms. 
(3) To conduct outreach to increase public 
awareness regarding the need for alternative funding 
sources for surface transportation programs and to 
provide information on possible approaches. 
(4) To provide recommendations regarding 
adoption and implementation of user-based alter-
native revenue mechanisms. 
(5) To minimize the administrative cost of any 
potential user-based alternative revenue mechanisms. 
(d) USE OF FUNDS.—A State or group of States re-
ceiving funds under this section to test the design, accept-
ance, and implementation of a user-based alternative rev-
enue mechanism— 
(1) shall address— 
(A) the implementation, interoperability, 
public acceptance, and other potential hurdles 
to the adoption of the user-based alternative 
revenue mechanism; 
(B) the protection of personal privacy; 
(C) the use of independent and private 
third-party vendors to collect fees and operate 
the user-based alternative revenue mechanism; 
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(D) market based congestion mitigation, if 
appropriate; 
(E) equity concerns, including the impacts 
of the user-based alternative revenue mecha-
nism on differing income groups, various geo-
graphic areas, and the relative burdens on rural 
and urban drivers; 
(F) ease of compliance for different users 
of the transportation system; and 
(G) the reliability and security of tech-
nology used to implement the user-based alter-
native revenue mechanism; and 
(2) may address— 
(A) the flexibility and choices of user-based 
alternative revenue mechanisms, including the 
ability of users to select from various tech-
nology and payment options; 
(B) the cost of administering the user- 
based alternative revenue mechanism; and 
(C) the ability of the administering entity 
to audit and enforce user compliance. 
(e) CONSIDERATION.—The Secretary shall consider 
geographic diversity in awarding grants under this section. 
(f) LIMITATIONS ON REVENUE COLLECTED.—Any 
revenue collected through a user-based alternative revenue 
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mechanism established using funds provided under this 
section shall not be considered a toll under section 301 
of title 23, United States Code. 
(g) FEDERAL SHARE.—The Federal share of the cost 
of an activity carried out under this section may not ex-
ceed 50 percent of the total cost of the activity. 
(h) REPORT TO SECRETARY.—Not later than 1 year 
after the date on which the first eligible entity receives 
a grant under this section, and each year thereafter, each 
recipient of a grant under this section shall submit to the 
Secretary a report that describes— 
(1) how the demonstration activities carried out 
with grant funds meet the objectives described in 
subsection (c); and 
(2) lessons learned for future deployment of al-
ternative revenue mechanisms that utilize a user fee 
structure. 
(i) BIENNIAL REPORTS.—Not later than 2 years 
after the date of enactment of this Act, and every 2 years 
thereafter until the completion of the demonstration ac-
tivities under this section, the Secretary shall make avail-
able to the public on an Internet Web site a report describ-
ing the progress of the demonstration activities. 
(j) FUNDING.—Of the funds authorized to carry out 
section 503(b) of title 23, United States Code— 
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(1) $15,000,000 shall be used to carry out this 
section for fiscal year 2016; and 
(2) $20,000,000 shall be used to carry out this 
section for each of fiscal years 2017 through 2021. 
(k) GRANT FLEXIBILITY.—If, by August 1 of each 
fiscal year, the Secretary determines that there are not 
enough grant applications that meet the requirements of 
this section for a fiscal year, Secretary shall transfer to 
the program under section 503(b) of title 23, United 
States Code— 
(1) any of the funds reserved for the fiscal year 
under subsection (j) that the Secretary has not yet 
awarded under this section; and 
(2) an amount of obligation limitation equal to 
the amount of funds that the Secretary transfers 
under paragraph (1). 
SEC. 6016. FUTURE INTERSTATE STUDY. 
(a) FUTURE INTERSTATE SYSTEM STUDY.—Not 
later than 180 days after the date of enactment of this 
Act, the Secretary shall enter into an agreement with the 
Transportation Research Board of the National Acad-
emies to conduct a study on the actions needed to upgrade 
and restore the Dwight D. Eisenhower National System 
of Interstate and Defense Highways to its role as a pre-
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mier system that meets the growing and shifting demands 
of the 21st century. 
(b) METHODOLOGIES.—In conducting the study, the 
Transportation Research Board shall build on the meth-
odologies examined and recommended in the report pre-
pared for the American Association of State Highway and 
Transportation Officials titled ‘‘National Cooperative 
Highway Research Program Project 20–24(79): Specifica-
tions for a National Study of the Future 3R, 4R, and Ca-
pacity Needs of the Interstate System’’, dated December 
2013. 
(c) CONTENTS OF STUDY.—The study— 
(1) shall include specific recommendations re-
garding the features, standards, capacity needs, ap-
plication of technologies, and intergovernmental 
roles to upgrade the Interstate System, including 
any revisions to law (including regulations) that the 
Transportation Research Board determines appro-
priate; and 
(2) is encouraged to build on the institutional 
knowledge in the highway industry in applying the 
techniques involved in implementing the study. 
(d) CONSIDERATIONS.—In carrying out the study, 
the Transportation Research Board shall determine the 
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need for reconstruction and improvement of the Interstate 
System by considering— 
(1) future demands on transportation infra-
structure determined for national planning purposes, 
including commercial and private traffic flows to 
serve future economic activity and growth; 
(2) the expected condition of the current Inter-
state System over the period of 50 years beginning 
on the date of enactment of this Act, including long- 
term deterioration and reconstruction needs; 
(3) features that would take advantage of tech-
nological capabilities to address modern standards of 
construction, maintenance, and operations, for pur-
poses of safety, and system management, taking into 
further consideration system performance and cost; 
and 
(4) the resources necessary to maintain and im-
prove the Interstate System. 
(e) CONSULTATION.—In carrying out the study, the 
Transportation Research Board— 
(1) shall convene and consult with a panel of 
national experts, including operators and users of 
the Interstate System and private sector stake-
holders; and 
(2) is encouraged to consult with— 
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(A) the Federal Highway Administration; 
(B) States; 
(C) planning agencies at the metropolitan, 
State, and regional levels; 
(D) the motor carrier industry; 
(E) freight shippers; 
(F) highway safety groups; and 
(G) other appropriate entities. 
(f) REPORT.—Not later than 3 years after the date 
of enactment of this Act, the Transportation Research 
Board shall make available to the public on an Internet 
Web site the results of the study conducted under this sec-
tion. 
(g) FUNDING.—From funds made available to carry 
out section 503(b) of title 23, United States Code, the 
Secretary may use to carry out this section up to 
$5,000,000 for fiscal year 2016. 
TITLE VII—HAZARDOUS 
MATERIALS TRANSPORTATION 
SEC. 7001. SHORT TITLE. 
This title may be cited as the ‘‘Hazardous Materials 
Transportation Safety Improvement Act of 2015’’. 
SEC. 7002. AUTHORIZATION OF APPROPRIATIONS. 
Section 5128 of title 49, United States Code, is 
amended to read as follows: 
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‘‘(a) IN GENERAL.—There are authorized to be ap-
propriated to the Secretary to carry out this chapter (ex-
cept sections 5107(e), 5108(g)(2), 5113, 5115, 5116, and 
5119)— 
‘‘(1) $53,000,000 for fiscal year 2016; 
‘‘(2) $55,000,000 for fiscal year 2017; 
‘‘(3) $57,000,000 for fiscal year 2018; 
‘‘(4) $58,000,000 for fiscal year 2019; 
‘‘(5) $60,000,000 for fiscal year 2020; and 
‘‘(6) $62,000,000 for fiscal year 2021. 
‘‘(b) HAZARDOUS MATERIALS EMERGENCY PRE-
PAREDNESS
FUND.—From the Hazardous Materials 
Emergency Preparedness Fund established under section 
5116(h), the Secretary may expend, for each of fiscal 
years 2016 through 2021— 
‘‘(1) $21,988,000 to carry out section 5116(a); 
‘‘(2) $150,000 to carry out section 5116(e); 
‘‘(3) $625,000 to publish and distribute the 
Emergency Response Guidebook under section 
5116(h)(3); and 
‘‘(4) $1,000,000 to carry out section 5116(i). 
‘‘(c) HAZARDOUS MATERIALS TRAINING GRANTS.— 
From the Hazardous Materials Emergency Preparedness 
Fund established pursuant to section 5116(h), the Sec-
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retary may expend $5,000,000 for each of fiscal years 
2016 through 2021 to carry out section 5107(e). 
‘‘(d) CREDITS TO APPROPRIATIONS.— 
‘‘(1) EXPENSES.—In addition to amounts oth-
erwise made available to carry out this chapter, the 
Secretary may credit amounts received from a State, 
Indian tribe, or other public authority or private en-
tity for expenses the Secretary incurs in providing 
training to the State, Indian tribe, authority, or en-
tity. 
‘‘(2) AVAILABILITY
OF
AMOUNTS.—Amounts 
made available under this section shall remain avail-
able until expended.’’. 
SEC. 7003. NATIONAL EMERGENCY AND DISASTER RE-
SPONSE. 
(a) STANDARDS.—Section 5103 of title 49, United 
States Code, is amended— 
(1) by redesignating subsections (c) and (d) as 
subsections (d) and (e), respectively; and 
(2) by inserting after subsection (b) the fol-
lowing: 
‘‘(c) FEDERALLY DECLARED DISASTERS AND EMER-
GENCIES.— 
‘‘(1) IN
GENERAL.—The Secretary may by 
order waive compliance with any part of an applica-
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ble standard prescribed under this chapter without 
prior notice and comment and on terms the Sec-
retary considers appropriate if the Secretary deter-
mines that— 
‘‘(A) it is in the public interest to grant 
the waiver; 
‘‘(B) the waiver is not inconsistent with 
the safety of transporting hazardous materials; 
and 
‘‘(C) the waiver is necessary to facilitate 
the safe movement of hazardous materials into, 
from, and within an area of a major disaster or 
emergency that has been declared under the 
Robert T. Stafford Disaster Relief and Emer-
gency Assistance Act (42 U.S.C. 5121 et seq.). 
‘‘(2) PERIOD OF WAIVER.—A waiver under this 
subsection may be issued for a period of not more 
than 60 days and may be renewed upon application 
to the Secretary only after notice and an opportunity 
for a hearing on the waiver. The Secretary shall im-
mediately revoke the waiver if continuation of the 
waiver would not be consistent with the goals and 
objectives of this chapter. 
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‘‘(3) STATEMENT OF REASONS.—The Secretary 
shall include in any order issued under this section 
the reason for granting the waiver.’’. 
SEC. 7004. ENHANCED REPORTING. 
Section 5121(h) of title 49, United States Code, is 
amended by striking ‘‘transmit to the Committee on 
Transportation and Infrastructure of the House of Rep-
resentatives and the Committee on Commerce, Science, 
and Transportation of the Senate’’ and inserting ‘‘make 
available to the public on the Department of Transpor-
tation’s Internet Web site’’. 
SEC. 7005. WETLINES. 
(a) WITHDRAWAL.—Not later than 30 days after the 
date of enactment of this Act, the Secretary shall with-
draw the proposed rule described in the notice of proposed 
rulemaking issued on January 27, 2011, entitled ‘‘Safety 
Requirements for External Product Piping on Cargo 
Tanks Transporting Flammable Liquids’’ (76 Fed. Reg. 
4847). 
(b) SAVINGS CLAUSE.—Nothing in this section shall 
prohibit the Secretary from issuing standards or regula-
tions regarding the safety of external product piping on 
cargo tanks transporting flammable liquids after the with-
drawal is carried out pursuant to subsection (a). 
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SEC. 7006. IMPROVING PUBLICATION OF SPECIAL PERMITS 
AND APPROVALS. 
Section 5117 of title 49, United States Code, is 
amended— 
(1) in subsection (b)— 
(A) by striking ‘‘an application for a spe-
cial permit’’ and inserting ‘‘an application for a 
new special permit or a modification to an ex-
isting special permit’’; and 
(B) by inserting after the first sentence 
the following: ‘‘The Secretary shall make avail-
able to the public on the Department of Trans-
portation’s Internet Web site any special permit 
other than a new special permit or a modifica-
tion to an existing special permit and shall give 
the public an opportunity to inspect the safety 
analysis and comment on the application for a 
period of not more than 15 days.’’; and 
(2) in subsection (c)— 
(A) by striking ‘‘publish’’ and inserting 
‘‘make available to the public’’; 
(B) by striking ‘‘in the Federal Register’’; 
(C) by striking ‘‘180’’ and inserting 
‘‘120’’; and 
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(D) by striking ‘‘the special permit’’ and 
inserting ‘‘a special permit or approval’’ each 
place it appears; and 
(3) by adding at the end the following: 
‘‘(g) DISCLOSURE
OF FINAL ACTION.—The Sec-
retary shall periodically, but at least every 120 days— 
‘‘(1) publish in the Federal Register notice of 
the final disposition of each application for a new 
special permit, modification to an existing special 
permit, or approval during the preceding quarter; 
and 
‘‘(2) make available to the public on the De-
partment of Transportation’s Internet Web site no-
tice of the final disposition of any other special per-
mit during the preceding quarter.’’. 
SEC. 7007. GAO STUDY ON ACCEPTANCE OF CLASSIFICA-
TION EXAMINATIONS. 
(a) IN GENERAL.—Not later than 120 days after the 
date of enactment of this Act, the Comptroller General 
of the United States shall evaluate and transmit to the 
Secretary, the Committee on Transportation and Infra-
structure of the House of Representatives, and the Com-
mittee on Commerce, Science, and Transportation of the 
Senate, a report on the standards, metrics, and protocols 
that the Secretary uses to regulate the performance of per-
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483 
sons approved to recommend hazard classifications pursu-
ant to section 173.56(b) of title, 49, Code of Federal Reg-
ulations (commonly referred to as ‘‘third-party labs’’). 
(b) EVALUATION.—The evaluation required under 
subsection (a) shall— 
(1) identify what standards and protocols are 
used to approve such persons, assess the adequacy 
of such standards and protocols to ensure that per-
sons seeking approval are qualified and capable of 
performing classifications, and make recommenda-
tions to address any deficiencies identified; 
(2) assess the adequacy of the Secretary’s over-
sight of persons approved to perform the classifica-
tions, including the qualification of individuals en-
gaged in the oversight of approved persons, and 
make recommendations to enhance oversight suffi-
ciently to ensure that classifications are issued as re-
quired; 
(3) identify what standards and protocols exist 
to rescind, suspend, or deny approval of persons who 
perform such classifications, assess the adequacy of 
such standards and protocols, and make rec-
ommendations to enhance such standards and proto-
cols if necessary; and 
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484 
(4) include annual data for fiscal years 2005 
through 2015 on the number of applications received 
for new classifications pursuant to section 173.56(b) 
of title 49, Code of Federal Regulations, of those ap-
plications how many classifications recommended by 
persons approved by the Secretary were changed to 
another classification and the reasons for the 
change, and how many hazardous materials inci-
dents have been attributed to a classification rec-
ommended by such approved persons in the United 
States. 
(c) ACTION PLAN.—Not later than 120 days after re-
ceiving the report required under subsection (a), the Sec-
retary shall make available to the public a plan describing 
any actions the Secretary will take to establish standards, 
metrics, and protocols based on the findings and rec-
ommendations in the report to ensure that persons ap-
proved to perform classification examinations required 
under section 173.56(b) of title 49, Code of Federal Regu-
lations, can sufficiently perform such examinations in a 
manner that meets the hazardous materials regulations. 
(d) REGULATIONS.—If the report required under 
subsection (a) recommends new regulations in order for 
the Secretary to have confidence in the accuracy of classi-
fication recommendations rendered by persons approved to 
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perform classification examinations required under section 
173.56(b) of title 49, Code of Federal Regulations, the 
Secretary shall issue such regulations not later than 24 
months after the date of enactment of this Act. 
SEC. 7008. IMPROVING THE EFFECTIVENESS OF PLANNING 
AND TRAINING GRANTS. 
(a) PLANNING
AND TRAINING GRANTS.—Section 
5116 of title 49, United States Code, is amended— 
(1) by redesignating subsections (c) through (k) 
as subsections (b) through (j), respectively, 
(2) by striking subsection (b); and 
(3) by striking subsection (a) and inserting the 
following: 
‘‘(a) PLANNING AND TRAINING GRANTS.—(1) The 
Secretary shall make grants to States and Indian tribes— 
‘‘(A) to develop, improve, and carry out emer-
gency plans under the Emergency Planning and 
Community Right-To-Know Act of 1986 (42 U.S.C. 
11001 et seq.), including ascertaining flow patterns 
of hazardous material on lands under the jurisdic-
tion of a State or Indian tribe, and between lands 
under the jurisdiction of a State or Indian tribe and 
lands of another State or Indian tribe; 
‘‘(B) to decide on the need for regional haz-
ardous material emergency response teams; and 
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‘‘(C) to train public sector employees to respond 
to accidents and incidents involving hazardous mate-
rial. 
‘‘(2) To the extent that a grant is used to train emer-
gency responders under paragraph (1)(C), the State or In-
dian tribe shall provide written certification to the Sec-
retary that the emergency responders who receive training 
under the grant will have the ability to protect nearby per-
sons, property, and the environment from the effects of 
accidents or incidents involving the transportation of haz-
ardous material in accordance with existing regulations or 
National Fire Protection Association standards for com-
petence of responders to accidents and incidents involving 
hazardous materials. 
‘‘(3) The Secretary may make a grant to a State or 
Indian tribe under paragraph (1) of this subsection only 
if— 
‘‘(A) the State or Indian tribe certifies that the 
total amount the State or Indian tribe expends (ex-
cept amounts of the Federal Government) for the 
purpose of the grant will at least equal the average 
level of expenditure for the last 5 years; and 
‘‘(B) any emergency response training provided 
under the grant shall consist of— 
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‘‘(i) a course developed or identified under 
section 5115 of this title; or 
‘‘(ii) any other course the Secretary deter-
mines is consistent with the objectives of this 
section. 
‘‘(4) A State or Indian tribe receiving a grant under 
this subsection shall ensure that planning and emergency 
response training under the grant is coordinated with ad-
jacent States and Indian tribes. 
‘‘(5) A training grant under paragraph (1)(C) may 
be used— 
‘‘(A) to pay— 
‘‘(i) the tuition costs of public sector em-
ployees being trained; 
‘‘(ii) travel expenses of those employees to 
and from the training facility; 
‘‘(iii) room and board of those employees 
when at the training facility; and 
‘‘(iv) travel expenses of individuals pro-
viding the training; 
‘‘(B) by the State, political subdivision, or In-
dian tribe to provide the training; and 
‘‘(C) to make an agreement with a person (in-
cluding an authority of a State, a political subdivi-
sion of a State or Indian tribe, or a local jurisdic-
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tion), subject to approval by the Secretary, to pro-
vide the training— 
‘‘(i) if the agreement allows the Secretary 
and the State or Indian tribe to conduct ran-
dom examinations, inspections, and audits of 
the training without prior notice; 
‘‘(ii) the person agrees to have an 
auditable accounting system; and 
‘‘(iii) if the State or Indian tribe conducts 
at least one on-site observation of the training 
each year. 
‘‘(6) The Secretary shall allocate amounts made 
available for grants under this subsection among eligible 
States and Indian tribes based on the needs of the States 
and Indian tribes for emergency response training. In 
making a decision about those needs, the Secretary shall 
consider— 
‘‘(A) the number of hazardous material facili-
ties in the State or on land under the jurisdiction of 
the Indian tribe; 
‘‘(B) the types and amounts of hazardous mate-
rial transported in the State or on such land; 
‘‘(C) whether the State or Indian tribe imposes 
and collects a fee on transporting hazardous mate-
rial; 
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‘‘(D) whether such fee is used only to carry out 
a purpose related to transporting hazardous mate-
rial; 
‘‘(E) the past record of the State or Indian 
tribe in effectively managing planning and training 
grants; and 
‘‘(F) any other factors the Secretary determines 
are appropriate to carry out this subsection.’’. 
(b) TECHNICAL AND CONFORMING AMENDMENTS.— 
(1) Section 5108(g) of title 49, United States 
Code, is amended by striking ‘‘5116(i)’’ and insert-
ing ‘‘5116(h)’’ each place it appears. 
(2) Section 5116 of such title is amended— 
(A) in subsection (d), as redesignated by 
this section, by striking ‘‘subsections (a)(2)(A) 
and 
(b)(2)(A)’’ 
and 
inserting 
‘‘subsection 
(a)(3)(A)’’; 
(B) in subsection (h), as redesignated by 
this section— 
(i) in paragraph (1) by inserting ‘‘and 
section 5107(e)’’ after ‘‘section’’; 
(ii) in paragraph (2) by striking ‘‘(f)’’ 
and inserting ‘‘(e)’’; and 
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(iii) in paragraph (4) by striking 
‘‘5108(g)(2) and 5115’’ and inserting 
‘‘5107(e) and 5108(g)(2)’’; 
(C) in subsection (i), as redesignated by 
this section, by striking ‘‘subsection (b)’’ and 
inserting ‘‘subsection (a)’’; and 
(D) in subsection (j), as redesignated by 
this section— 
(i) by striking ‘‘planning grants allo-
cated under subsection (a), training grants 
under subsection (b), and grants under 
subsection (j)’’ and inserting ‘‘planning 
and training grants under subsection (a) 
and grants under subsection (i)’’; and 
(ii) by redesignating subparagraphs 
(A) through (D) as paragraphs (1) 
through (4), respectively. 
(c) ENFORCEMENT PERSONNEL.—Section 5107(e) of 
title 49, United States Code, is amended by inserting ‘‘, 
State and local personnel responsible for enforcing the 
safe transportation of hazardous materials, or both’’ after 
‘‘hazmat employees’’ each place it appears. 
SEC. 7009. MOTOR CARRIER SAFETY PERMITS. 
Section 5109(h) of title 49, United States Code, is 
amended to read as follows: 
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‘‘(h) LIMITATION ON DENIAL.—The Secretary may 
not deny a non-temporary permit held by a motor carrier 
pursuant to this section based on a comprehensive review 
of that carrier triggered by safety management system 
scores or out-of-service disqualification standards, un-
less— 
‘‘(1) the carrier has the opportunity, prior to 
the denial of such permit, to submit a written de-
scription of corrective actions taken and other docu-
mentation the carrier wishes the Secretary to con-
sider, including a corrective action plan; and 
‘‘(2) the Secretary determines the actions or 
plan is insufficient to address the safety concerns 
identified during the course of the comprehensive re-
view.’’. 
SEC. 7010. THERMAL BLANKETS. 
(a) REQUIREMENTS.—Not later than 180 days after 
the date of enactment of this Act, the Secretary shall issue 
such regulations as are necessary to require that each tank 
car built to meet the DOT–117 specification and each 
non-jacketed tank car modified to meet the DOT–117R 
specification be equipped with an insulating blanket with 
at least 1⁄2-inch-thick material that has been approved by 
the Secretary pursuant to section 179.18(c) of title 49, 
Code of Federal Regulations. 
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(b) SAVINGS CLAUSE.—Nothing in this section shall 
prohibit the Secretary from approving new or alternative 
technologies or materials as they become available that 
provide a level of safety at least equivalent to the level 
of safety provided for under subsection (a). 
SEC. 7011. COMPREHENSIVE OIL SPILL RESPONSE PLANS. 
(a) IN GENERAL.—Chapter 51 of title 49, United 
States Code, is amended by inserting after section 5110 
the following: 
‘‘§ 5111. Comprehensive oil spill response plans 
‘‘(a) REQUIREMENTS.—Not later than 120 days after 
the date of enactment of this section, the Secretary shall 
issue such regulations as are necessary to require any rail-
road carrier transporting a Class 3 flammable liquid to 
maintain a comprehensive oil spill response plan. 
‘‘(b) CONTENTS.—The regulations under subsection 
(a) shall require each railroad carrier described in that 
subsection to— 
‘‘(1) include in the comprehensive oil spill re-
sponse plan procedures and resources, including 
equipment, for responding, to the maximum extent 
practicable, to a worst-case discharge; 
‘‘(2) ensure that the comprehensive oil spill re-
sponse plan is consistent with the National Contin-
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gency Plan and each applicable Area Contingency 
Plan; 
‘‘(3) include in the comprehensive oil spill re-
sponse plan appropriate notification and training 
procedures and procedures for coordinating with 
Federal, State, and local emergency responders; 
‘‘(4) review and update its comprehensive oil 
spill response plan as appropriate; and 
‘‘(5) provide the comprehensive oil spill re-
sponse plan for acceptance by the Secretary. 
‘‘(c) SAVINGS CLAUSE.—Nothing in the section may 
be construed to prohibit the Secretary from promulgating 
differing comprehensive oil response plan standards for 
Class I railroads, Class II railroads, and Class III rail-
roads. 
‘‘(d) RESPONSE PLANS.—The Secretary shall— 
‘‘(1) maintain on file a copy of the most recent 
comprehensive oil spill response plans prepared by a 
railroad carrier transporting a Class 3 flammable 
liquid; and 
‘‘(2) provide to a person, upon written request, 
a copy of the plan, which may exclude, as the Sec-
retary determines appropriate— 
‘‘(A) proprietary information; 
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‘‘(B) security-sensitive information, includ-
ing information described in section 1520.5(a) 
of title 49, Code of Federal Regulations; 
‘‘(C) specific response resources and tac-
tical resource deployment plans; and 
‘‘(D) the specific amount and location of 
worst-case discharges, including the process by 
which a railroad carrier determines the worst- 
case discharge. 
‘‘(e) RELATIONSHIP TO FOIA.—Nothing in this sec-
tion may be construed to require disclose of information 
or records that are exempt from disclosure under section 
552 of title 5. 
‘‘(f) DEFINITIONS.— 
‘‘(1) AREA
CONTINGENCY
PLAN.—The term 
‘Area Contingency Plan’ has the meaning given the 
term in section 311(a) of the Federal Water Pollu-
tion Control Act (33 U.S.C. 1321(a)). 
‘‘(2) CLASS 3 FLAMMABLE LIQUID.—The term 
‘Class 3 flammable liquid’ has the meaning given the 
term flammable liquid in section 173.120 of title 49, 
Code of Federal Regulations. 
‘‘(3) CLASS I RAILROAD; CLASS II RAILROAD; 
AND CLASS III RAILROAD.—The terms ‘Class I rail-
road’, ‘Class II railroad’, and ‘Class III railroad’ 
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have the meaning given those terms in section 
20102. 
‘‘(4) NATIONAL
CONTINGENCY
PLAN.—The 
term ‘National Contingency Plan’ has the meaning 
given the term in section 1001 of the Oil Pollution 
Act of 1990 (33 U.S.C. 2701). 
‘‘(5) RAILROAD CARRIER.—The term ‘railroad 
carrier’ has the meaning given the term in section 
20102. 
‘‘(6) 
WORST-CASE
DISCHARGE.—The 
term 
‘worst-case discharge’ means the largest foreseeable 
discharge of oil in the event of an accident or inci-
dent, as determined by each railroad carrier in ac-
cordance with regulations issued under this sec-
tion.’’. 
(b) CLERICAL AMENDMENT.—The analysis for chap-
ter 51 of title 49, United States Code, is amended by in-
serting after the item relating to section 5110 the fol-
lowing: 
‘‘5111. Comprehensive oil spill response plans.’’. 
SEC. 7012. INFORMATION ON HIGH-HAZARD FLAMMABLE 
TRAINS. 
(a) INFORMATION
ON HIGH-HAZARD FLAMMABLE 
TRAINS.—Not later than 90 days after the date of enact-
ment of this Act, the Secretary shall issue regulations to 
require each applicable railroad carrier to provide informa-
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tion on high-hazard flammable trains to State emergency 
response commissions consistent with Emergency Order 
Docket No. DOT–OST–2014–0067, and include appro-
priate protections from public release of proprietary infor-
mation and security-sensitive information, including infor-
mation described in section 1520.5(a) of title 49, Code of 
Federal Regulations. 
(b) HIGH-HAZARD FLAMMABLE TRAIN.—The term 
‘‘high-hazard flammable train’’ means a single train trans-
porting 20 or more tank cars loaded with a Class 3 flam-
mable liquid, as such term is defined in section 173.120 
of title 49, Code of Federal Regulations, in a continuous 
block or a single train transporting 35 or more tank cars 
loaded with a Class 3 flammable liquid throughout the 
train consist. 
SEC. 7013. STUDY AND TESTING OF ELECTRONICALLY-CON-
TROLLED PNEUMATIC BRAKES. 
(a) 
GOVERNMENT
ACCOUNTABILITY
OFFICE 
STUDY.— 
(1) IN GENERAL.—The Comptroller General of 
the United States shall conduct an independent eval-
uation of ECP brake systems, pilot program data, 
and the Department’s research and analysis on the 
costs, benefits, and effects of ECP brake systems. 
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(2) STUDY
ELEMENTS.—In completing the 
independent evaluation under paragraph (1), the 
Comptroller General of the United States shall ex-
amine the following issues related to ECP brake sys-
tems: 
(A) Data and modeling results on safety 
benefits relative to conventional brakes and to 
other braking technologies or systems, such as 
distributed power and 2-way end-of-train de-
vices. 
(B) Data and modeling results on business 
benefits, including the effects of dynamic brak-
ing. 
(C) Data on costs, including up-front cap-
ital costs and on-going maintenance costs. 
(D) Analysis of potential operational bene-
fits and challenges, including the effects of po-
tential locomotive and car segregation, technical 
reliability issues, and network disruptions. 
(E) Analysis of potential implementation 
challenges, including installation time, positive 
train control integration complexities, compo-
nent availability issues, and tank car shop capa-
bilities. 
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(F) Analysis of international experiences 
with the use of advanced braking technologies. 
(3) REPORT.—Not later than 18 months after 
the date of enactment of this Act, the Comptroller 
General of the United States shall transmit to the 
Committee on Transportation and Infrastructure of 
the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Sen-
ate a report on the results of the independent eval-
uation under paragraph (1). 
(b) EMERGENCY BRAKING APPLICATION TESTING.— 
(1) IN
GENERAL.—The Secretary shall enter 
into an agreement with the National Academy of 
Sciences to— 
(A) complete testing of ECP brake systems 
during emergency braking application, including 
more than 1 scenario involving the uncoupling 
of a train with 70 or more DOT–117-specifica-
tion or DOT–117R-specification tank cars; and 
(B) transmit, not later than 18 months 
after the date of enactment of this Act, to the 
Committee on Transportation and Infrastruc-
ture of the House of Representatives and the 
Committee on Commerce, Science, and Trans-
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portation of the Senate a report on the results 
of the testing. 
(2) INDEPENDENT
EXPERTS.—In completing 
the testing under paragraph (1)(A), the National 
Academy of Sciences may contract with 1 or more 
engineering or rail experts, as appropriate, that— 
(A) are not railroad carriers, entities fund-
ed by such carriers, or entities directly im-
pacted by the final rule issued on May 08, 2015 
entitled ‘‘Enhanced Tank Car Standards and 
Operational Controls for High-Hazard Flam-
mable Trains’’ (80 Fed. Reg. 26643); and 
(B) have relevant experience in conducting 
railroad safety technology tests or similar crash 
tests. 
(3) TESTING FRAMEWORK.—In completing the 
testing under paragraph (1), the National Academy 
of Sciences and each contractor described in para-
graph (2) shall ensure that the testing objectively, 
accurately, and reliably measures the performance of 
ECP brake systems relative to other braking tech-
nologies or systems, such as distributed power and 
2-way end-of-train devices, including differences in— 
(A) the number of cars derailed; 
(B) the number of cars punctured; 
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(C) the measures of in-train forces; and 
(D) the stopping distance. 
(4) FUNDING.—The Secretary shall provide 
funding, as part of the agreement under paragraph 
(1), to the National Academy of Sciences for the 
testing required under this section— 
(A) using sums made available to carry out 
sections 20108 and 5118 of title 49, United 
States Code; and 
(B) to the extent funding under subpara-
graph (A) is insufficient or unavailable to fund 
the testing required under this section, using 
such sums as are necessary from the amounts 
appropriated to the Secretary, the Federal Rail-
road Administration, or the Pipeline and Haz-
ardous Materials Safety Administration, or a 
combination thereof. 
(5) EQUIPMENT.—The National Academy of 
Sciences and each contractor described in paragraph 
(2) may receive or use rolling stock, track, and other 
equipment or infrastructure from a private entity for 
the purposes of conducting the testing required 
under this section. 
(c) EVIDENCE-BASED APPROACH.— 
(1) ANALYSIS.—The Secretary shall— 
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(A) not later than 90 days after the report 
date, fully incorporate and update the regu-
latory impact analysis of the final rule de-
scribed in subsection (b)(2)(A) of the costs, 
benefits, and effects of the applicable ECP 
brake system requirements; 
(B) as soon as practicable after completion 
of the updated analysis under subparagraph 
(A), solicit public comment on the analysis for 
a period of not more than 30 days; and 
(C) not later than 60 days after the end of 
the public comment period under subparagraph 
(B), post the final updated regulatory impact 
analysis on the Department of Transportation’s 
Internet Web site. 
(2) DETERMINATION.—Not later than 180 days 
after the report date, the Secretary shall— 
(A) determine, based on whether the final 
regulatory impact analysis described in para-
graph (1)(C) demonstrates that the benefits, in-
cluding safety benefits, of the applicable ECP 
brake system requirements exceed the costs of 
such requirements, whether the applicable ECP 
brake system requirements are justified; 
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(B) if the applicable ECP brake system re-
quirements are justified, publish in the Federal 
Register the determination and reasons for such 
determination; and 
(C) if the Secretary does not publish the 
determination under subparagraph (B), repeal 
the applicable ECP brake system requirements. 
(3) SAVINGS CLAUSE.—Nothing in this section 
shall be construed to prohibit the Secretary from im-
plementing the final rule described under subsection 
(b)(2)(A) prior to the determination required under 
subsection (c)(2) of this section, or require the Sec-
retary to promulgate a new rulemaking on the provi-
sions of such final rule, other than the applicable 
ECP brake system requirements, if the Secretary de-
termines that the applicable ECP brake system re-
quirements are not justified pursuant to this sub-
section. 
(d) DEFINITIONS.—In this section, the following defi-
nitions apply: 
(1) APPLICABLE ECP BRAKE SYSTEM REQUIRE-
MENTS.—The term ‘‘applicable ECP brake system 
requirements’’ means sections 174.310(a)(3)(ii), 
174.310(a)(3)(iii), 174.310(a)(5)(v), 179.202–12(g), 
and 179.202–13(i) of title 49, Code of Federal Reg-
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503 
ulations, and any other regulation in effect on the 
date of enactment of this Act requiring the installa-
tion of ECP brakes or operation in ECP brake 
mode. 
(2) CLASS 3 FLAMMABLE LIQUID.—The term 
‘‘Class 3 flammable liquid’’ has the meaning given 
the term flammable liquid in section 173.120(a) of 
title 49, Code of Federal Regulations. 
(3) ECP.—The term ‘‘ECP’’ means electroni-
cally-controlled pneumatic when applied to a brake 
or brakes. 
(4) ECP BRAKE MODE.—The term ‘‘ECP brake 
mode’’ includes any operation of a rail car or an en-
tire train using an ECP brake system. 
(5) ECP BRAKE SYSTEM.— 
(A) IN GENERAL.—The term ‘‘ECP brake 
system’’ means a train power braking system 
actuated by compressed air and controlled by 
electronic signals from the locomotive or an 
ECP–EOT to the cars in the consist for service 
and emergency applications in which the brake 
pipe is used to provide a constant supply of 
compressed air to the reservoirs on each car but 
does not convey braking signals to the car. 
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(B) INCLUSIONS.—The term ‘‘ECP brake 
system’’ includes dual mode and stand-alone 
ECP brake systems. 
(6) RAILROAD CARRIER.—The term ‘‘railroad 
carrier’’ has the meaning given the term in section 
20102 of title 49, United States Code. 
(7) REPORT DATE.—The term ‘‘report date’’ 
means the date that the reports under subsections 
(a)(3) and (b)(1)(B) are required to be transmitted 
pursuant to those subsections. 
SEC. 7014. ENSURING SAFE IMPLEMENTATION OF POSITIVE 
TRAIN CONTROL SYSTEMS. 
(a) SHORT TITLE.—This section may be cited as the 
‘‘Positive Train Control Enforcement and Implementation 
Act of 2015’’. 
(b) IN GENERAL.—Section 20157 of title 49, United 
States Code, is amended— 
(1) in subsection (a)(1)— 
(A) by striking ‘‘18 months after the date 
of enactment of the Rail Safety Improvement 
Act of 2008’’ and inserting ‘‘90 days after the 
date of enactment of the Positive Train Control 
Enforcement and Implementation Act of 2015’’; 
(B) by striking ‘‘develop and’’; 
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(C) by striking ‘‘a plan for implementing’’ 
and inserting ‘‘a revised plan for imple-
menting’’; 
(D) by striking ‘‘December 31, 2015’’ and 
inserting ‘‘December 31, 2018’’; and 
(E) in subparagraph (B) by striking 
‘‘parts’’ and inserting ‘‘sections’’; 
(2) by striking subsection (a)(2) and inserting 
the following: 
‘‘(2) IMPLEMENTATION.— 
‘‘(A) CONTENTS OF REVISED PLAN.—A re-
vised plan required under paragraph (1) shall— 
‘‘(i) describe— 
‘‘(I) how the positive train con-
trol system will provide for interoper-
ability of the system with the move-
ments of trains of other railroad car-
riers over its lines; and 
‘‘(II) how, to the extent practical, 
the positive train control system will 
be implemented in a manner that ad-
dresses areas of greater risk before 
areas of lesser risk; 
‘‘(ii) comply with the positive train 
control system implementation plan con-
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506 
tent requirements under section 236.1011 
of title 49, Code of Federal Regulations; 
and 
‘‘(iii) provide— 
‘‘(I) the calendar year or years in 
which spectrum will be acquired and 
will be available for use in each area 
as needed for positive train control 
system implementation, if such spec-
trum is not already acquired and 
available for use; 
‘‘(II) the total amount of positive 
train control system hardware that 
will be installed for implementation, 
with totals separated by each major 
hardware category; 
‘‘(III) the total amount of posi-
tive train control system hardware 
that will be installed by the end of 
each calendar year until the positive 
train control system is implemented, 
with totals separated by each hard-
ware category; 
‘‘(IV) the total number of em-
ployees required to receive training 
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under the applicable positive train 
control system regulations; 
‘‘(V) the total number of employ-
ees that will receive the training, as 
required under the applicable positive 
train control system regulations, by 
the end of each calendar year until 
the positive train control system is im-
plemented; 
‘‘(VI) a summary of any remain-
ing technical, programmatic, oper-
ational, or other challenges to the im-
plementation of a positive train con-
trol 
system, 
including 
challenges 
with— 
‘‘(aa) availability of public 
funding; 
‘‘(bb) interoperability; 
‘‘(cc) spectrum; 
‘‘(dd) software; 
‘‘(ee) permitting; and 
‘‘(ff) testing, demonstration, 
and certification; and 
‘‘(VII) a schedule and sequence 
for implementing a positive train con-
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trol system by the deadline established 
under paragraph (1). 
‘‘(B) ALTERNATIVE
SCHEDULE
AND
SE-
QUENCE.—Notwithstanding the implementation 
deadline under paragraph (1) and in lieu of a 
schedule 
and 
sequence 
under 
paragraph 
(2)(A)(iii)(VII), a railroad carrier or other enti-
ty subject to paragraph (1) may include in its 
revised plan an alternative schedule and se-
quence for implementing a positive train control 
system, subject to review under paragraph (3). 
Such schedule and sequence shall provide for 
implementation of a positive train control sys-
tem as soon as practicable, but not later than 
the date that is 24 months after the implemen-
tation deadline under paragraph (1). 
‘‘(C) AMENDMENTS.—A railroad carrier or 
other entity subject to paragraph (1) may file 
a request to amend a revised plan, including 
any alternative schedule and sequence, as appli-
cable, in accordance with section 236.1021 of 
title 49, Code of Federal Regulations. 
‘‘(D) COMPLIANCE.—A railroad carrier or 
other entity subject to paragraph (1) shall im-
plement a positive train control system in ac-
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cordance with its revised plan, including any 
amendments or any alternative schedule and se-
quence approved by the Secretary under para-
graph (3). 
‘‘(3) SECRETARIAL REVIEW.— 
‘‘(A) NOTIFICATION.—A railroad carrier or 
other entity that submits a revised plan under 
paragraph (1) and proposes an alternative 
schedule and sequence under paragraph (2)(B) 
shall submit to the Secretary a written notifica-
tion when such railroad carrier or other entity 
is prepared for review under subparagraph (B). 
‘‘(B) CRITERIA.—Not later than 90 days 
after a railroad carrier or other entity submits 
a notification under subparagraph (A), the Sec-
retary shall review the alternative schedule and 
sequence submitted pursuant to paragraph 
(2)(B) and determine whether the railroad car-
rier or other entity has demonstrated, to the 
satisfaction of the Secretary, that such carrier 
or entity has— 
‘‘(i) installed all positive train control 
system hardware consistent with the plan 
contents provided pursuant to paragraph 
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(2)(A)(iii)(II) on or before the implementa-
tion deadline under paragraph (1); 
‘‘(ii) acquired all spectrum necessary 
for implementation of a positive train con-
trol system, consistent with the plan con-
tents provided pursuant to paragraph 
(2)(A)(iii)(I) on or before the implementa-
tion deadline under paragraph (1); 
‘‘(iii) completed employee training re-
quired under the applicable positive train 
control system regulations; 
‘‘(iv) included in its revised plan an 
alternative schedule and sequence for im-
plementing a positive train control system 
as soon as practicable, pursuant to para-
graph (2)(B); 
‘‘(v) certified to the Secretary in writ-
ing that it will be in full compliance with 
the requirements of this section on or be-
fore the date provided in an alternative 
schedule and sequence, subject to approval 
by the Secretary; 
‘‘(vi) in the case of a Class I railroad 
carrier and Amtrak, implemented a posi-
tive train control system or initiated rev-
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enue service demonstration on the majority 
of territories, such as subdivisions or dis-
tricts, or route miles that are owned or 
controlled by such carrier and required to 
have operations governed by a positive 
train control system; and 
‘‘(vii) in the case of any other railroad 
carrier or other entity not subject to clause 
(vi)— 
‘‘(I) initiated revenue service 
demonstration on at least 1 territory 
that is required to have operations 
governed by a positive train control 
system; or 
‘‘(II) met any other criteria es-
tablished by the Secretary. 
‘‘(C) DECISION.— 
‘‘(i) IN GENERAL.—Not later than 90 
days after the receipt of the notification 
from a railroad carrier or other entity 
under subparagraph (A), the Secretary 
shall— 
‘‘(I) 
approve 
an 
alternative 
schedule and sequence submitted pur-
suant to paragraph (2)(B) if the rail-
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road carrier or other entity meets the 
criteria in subparagraph (B); and 
‘‘(II) notify in writing the rail-
road carrier or other entity of the de-
cision. 
‘‘(ii) DEFICIENCIES.—Not later than 
45 days after the receipt of the notification 
under subparagraph (A), the Secretary 
shall provide to the railroad carrier or 
other entity a written notification of any 
deficiencies that would prevent approval 
under clause (i) and provide the railroad 
carrier or other entity an opportunity to 
correct deficiencies before the date speci-
fied in such clause. 
‘‘(D) REVISED DEADLINES.— 
‘‘(i) PENDING REVIEWS.—For a rail-
road carrier or other entity that submits a 
notification under subparagraph (A), the 
deadline for implementation of a positive 
train control system required under para-
graph (1) shall be extended until the date 
on which the Secretary approves or dis-
approves the alternative schedule and se-
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quence, if such date is later than the im-
plementation date under paragraph (1). 
‘‘(ii) ALTERNATIVE
SCHEDULE
AND 
SEQUENCE
DEADLINE.—If the Secretary 
approves a railroad carrier or other entity’s 
alternative schedule and sequence under 
subparagraph (C)(i), the railroad carrier or 
other entity’s deadline for implementation 
of a positive train control system required 
under paragraph (1) shall be the date 
specified in that railroad carrier or other 
entity’s alternative schedule and sequence. 
The Secretary may not approve a date for 
implementation that is later than 24 
months from the deadline in paragraph 
(1).’’; 
(3) by striking subsections (c), (d), and (e) and 
inserting the following: 
‘‘(c) PROGRESS REPORTS AND REVIEW.— 
‘‘(1) PROGRESS REPORTS.—Each railroad car-
rier or other entity subject to subsection (a) shall, 
not later than March 31, 2016, and annually there-
after until such carrier or entity has completed im-
plementation of a positive train control system, sub-
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mit to the Secretary a report on the progress toward 
implementing such systems, including— 
‘‘(A) the information on spectrum acquisi-
tion 
provided 
pursuant 
to 
subsection 
(a)(2)(A)(iii)(I); 
‘‘(B) the totals provided pursuant to sub-
clauses 
(III) 
and 
(V) 
of 
subsection 
(a)(2)(A)(iii), by territory, if applicable; 
‘‘(C) the extent to which the railroad car-
rier or other entity is complying with the imple-
mentation 
schedule 
under 
subsection 
(a)(2)(A)(iii)(VII) or subsection (a)(2)(B); 
‘‘(D) any update to the information pro-
vided under subsection (a)(2)(A)(iii)(VI); 
‘‘(E) for each entity providing regularly 
scheduled intercity or commuter rail passenger 
transportation, a description of the resources 
identified and allocated to implement a positive 
train control system; 
‘‘(F) for each railroad carrier or other en-
tity subject to subsection (a), the total number 
of route miles on which a positive train control 
system has been initiated for revenue service 
demonstration or implemented, as compared to 
the total number of route miles required to have 
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a positive train control system under subsection 
(a); and 
‘‘(G) any other information requested by 
the Secretary. 
‘‘(2) PLAN
REVIEW.—The Secretary shall at 
least annually conduct reviews to ensure that rail-
road carriers or other entities are complying with 
the revised plan submitted under subsection (a), in-
cluding any amendments or any alternative schedule 
and sequence approved by the Secretary. Such rail-
road carriers or other entities shall provide such in-
formation as the Secretary determines necessary to 
adequately conduct such reviews. 
‘‘(3) PUBLIC AVAILABILITY.—Not later than 60 
days after receipt, the Secretary shall make available 
to the public on the Internet Web site of the Depart-
ment of Transportation any report submitted pursu-
ant to paragraph (1) or subsection (d), but may ex-
clude, as the Secretary determines appropriate— 
‘‘(A) proprietary information; and 
‘‘(B) security-sensitive information, includ-
ing information described in section 1520.5(a) 
of title 49, Code of Federal Regulations. 
‘‘(d) REPORT TO CONGRESS.—Not later than July 1, 
2018, the Secretary shall transmit to the Committee on 
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Transportation and Infrastructure of the House of Rep-
resentatives and the Committee on Commerce, Science, 
and Transportation of the Senate a report on the progress 
of each railroad carrier or other entity subject to sub-
section (a) in implementing a positive train control system. 
‘‘(e) ENFORCEMENT.—The Secretary is authorized to 
assess civil penalties pursuant to chapter 213 for— 
‘‘(1) a violation of this section; 
‘‘(2) the failure to submit or comply with the 
revised plan required under subsection (a), including 
the failure to comply with the totals provided pursu-
ant to subclauses (III) and (V) of subsection 
(a)(2)(A)(iii) and the spectrum acquisition dates 
provided pursuant to subsection (a)(2)(A)(iii)(I); 
‘‘(3) failure to comply with any amendments to 
such revised plan pursuant to subsection (a)(2)(C); 
and 
‘‘(4) the failure to comply with an alternative 
schedule and sequence submitted under subsection 
(a)(2)(B) and approved by the Secretary under sub-
section (a)(3)(C).’’; 
(4) in subsection (h)— 
(A) by striking ‘‘The Secretary’’ and in-
serting the following: 
‘‘(1) IN GENERAL.—The Secretary’’; and 
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(B) by adding at the end the following: 
‘‘(2) 
PROVISIONAL
OPERATION.—Notwith-
standing the requirements of paragraph (1), the Sec-
retary may authorize a railroad carrier or other enti-
ty to commence operation in revenue service of a 
positive train control system or component to the ex-
tent necessary to enable the safe implementation and 
operation of a positive train control system in 
phases.’’; 
(5) in subsection (i)— 
(A) 
by 
redesignating 
paragraphs 
(1) 
through (3) as paragraphs (3) through (5), re-
spectively; and 
(B) by inserting before paragraph (3) (as 
so redesignated) the following: 
‘‘(1) EQUIVALENT
OR
GREATER
LEVEL
OF 
SAFETY.—The term ‘equivalent or greater level of 
safety’ means the compliance of a railroad carrier 
with— 
‘‘(A) appropriate operating rules in place 
immediately prior to the use or implementation 
of such carrier’s positive train control system, 
except that such rules may be changed by such 
carrier to improve safe operations; and 
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‘‘(B) all applicable safety regulations, ex-
cept as specified in subsection (j). 
‘‘(2) HARDWARE.—The term ‘hardware’ means 
a locomotive apparatus, a wayside interface unit (in-
cluding any associated legacy signal system replace-
ments), switch position monitors needed for a posi-
tive train control system, physical back office system 
equipment, a base station radio, a wayside radio, a 
locomotive radio, or a communication tower or 
pole.’’; and 
(6) by adding at the end the following: 
‘‘(j) EARLY ADOPTION.— 
‘‘(1) OPERATIONS.—From the date of enact-
ment of the Positive Train Control Enforcement and 
Implementation Act of 2015 through the 1-year pe-
riod beginning on the date on which the last Class 
I railroad carrier’s positive train control system sub-
ject to subsection (a) is certified by the Secretary 
under subsection (h)(1) of this section and is imple-
mented on all of that railroad carrier’s lines required 
to have operations governed by a positive train con-
trol system, any railroad carrier, including any rail-
road carrier that has its positive train control sys-
tem certified by the Secretary, shall not be subject 
to the operational restrictions set forth in sections 
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236.567 and 236.1029 of title 49, Code of Federal 
Regulations, that would apply where a controlling lo-
comotive that is operating in, or is to be operated 
in, a positive train control-equipped track segment 
experiences a positive train control system failure, a 
positive train control operated consist is not pro-
vided by another railroad carrier when provided in 
interchange, or a positive train control system other-
wise fails to initialize, cuts out, or malfunctions, pro-
vided that such carrier operates at an equivalent or 
greater level of safety than the level achieved imme-
diately prior to the use or implementation of its 
positive train control system. 
‘‘(2) SAFETY ASSURANCE.—During the period 
described in paragraph (1), if a positive train control 
system that has been certified and implemented fails 
to initialize, cuts out, or malfunctions, the affected 
railroad carrier or other entity shall make reasonable 
efforts to determine the cause of the failure and ad-
just, repair, or replace any faulty component causing 
the system failure in a timely manner. 
‘‘(3) PLANS.—The positive train control safety 
plan for each railroad carrier or other entity shall 
describe the safety measures, such as operating rules 
and actions to comply with applicable safety regula-
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tions, that will be put in place during any system 
failure. 
‘‘(4) NOTIFICATION.—During the period de-
scribed in paragraph (1), if a positive train control 
system that has been certified and implemented fails 
to initialize, cuts out, or malfunctions, the affected 
railroad carrier or other entity shall submit a notifi-
cation to the appropriate regional office of the Fed-
eral Railroad Administration within 7 days of the 
system failure, or under alternative location and 
deadline requirements set by the Secretary, and in-
clude in the notification a description of the safety 
measures the affected railroad carrier or other entity 
has in place. 
‘‘(k) SMALL RAILROADS.—Not later than 120 days 
after the date of the enactment of this Act, the Secretary 
shall amend section 236.1006(b)(4)(iii)(B) of title 49, 
Code of Federal Regulations (relating to equipping loco-
motives for applicable Class II and Class III railroads op-
erating in positive train control territory) to extend each 
deadline under such section by 3 years. 
‘‘(l) REVENUE SERVICE DEMONSTRATION.—When a 
railroad carrier or other entity subject to (a)(1) notifies 
the Secretary it is prepared to initiate revenue service 
demonstration, it shall also notify any applicable tenant 
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521 
railroad carrier or other entity subject to subsection 
(a)(1).’’. 
(c) CONFORMING AMENDMENT.—Section 20157(g), 
is amended— 
(1) by striking ‘‘The Secretary’’ and inserting 
the following: 
‘‘(1) IN GENERAL.—The Secretary’’; and 
(2) by adding at the end the following: 
‘‘(2) 
CONFORMING
REGULATORY
AMEND-
MENTS.—Immediately after the date of the enact-
ment of the Positive Train Control Enforcement and 
Implementation Act of 2015, the Secretary— 
‘‘(A) shall remove or revise the date-spe-
cific deadlines in the regulations or orders im-
plementing this section to the extent necessary 
to conform with the amendments made by such 
Act; and 
‘‘(B) may not enforce any such date-spe-
cific deadlines or requirements that are incon-
sistent with the amendments made by such Act. 
‘‘(3) REVIEW.—Nothing in the Positive Train 
Control Enforcement and Implementation Act of 
2015, or the amendments made by such Act, shall 
be construed to require the Secretary to issue regu-
lations to implement such Act or amendments other 
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than the regulatory amendments required by para-
graph (2) and subsection (k).’’. 
TITLE VIII—MULTIMODAL 
FREIGHT TRANSPORTATION 
SEC. 8001. MULTIMODAL FREIGHT TRANSPORTATION. 
(a) IN GENERAL.—Subtitle IX of title 49, United 
States Code, is amended to read as follows: 
‘‘Subtitle IX—Multimodal Freight 
Transportation 
‘‘Chapter
Sec. 
‘‘701. Multimodal freight policy ...............................................................
70101 
‘‘702. Multimodal freight transportation planning and information .......
70201 
‘‘CHAPTER 701—MULTIMODAL FREIGHT 
POLICY 
‘‘Sec. 
‘‘70101. National multimodal freight policy. 
‘‘70102. National freight strategic plan. 
‘‘70103. National Multimodal Freight Network. 
‘‘§ 70101. National multimodal freight policy 
‘‘(a) IN GENERAL.—It is the policy of the United 
States to maintain and improve the condition and per-
formance of the National Multimodal Freight Network es-
tablished under section 70103 to ensure that the Network 
provides a foundation for the United States to compete 
in the global economy and achieve the goals described in 
subsection (b). 
‘‘(b) GOALS.—The goals of the national multimodal 
freight policy are— 
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‘‘(1) to identify infrastructure improvements, 
policies, and operational innovations that— 
‘‘(A) strengthen the contribution of the 
National Multimodal Freight Network to the 
economic competitiveness of the United States; 
‘‘(B) reduce congestion and eliminate bot-
tlenecks on the National Multimodal Freight 
Network; and 
‘‘(C) increase productivity, particularly for 
domestic industries and businesses that create 
high-value jobs; 
‘‘(2) to improve the safety, security, efficiency, 
and resiliency of multimodal freight transportation; 
‘‘(3) to achieve and maintain a state of good re-
pair on the National Multimodal Freight Network; 
‘‘(4) to use innovation and advanced technology 
to improve the safety, efficiency, and reliability of 
the National Multimodal Freight Network; 
‘‘(5) to improve the economic efficiency of the 
National Multimodal Freight Network; 
‘‘(6) to improve the short and long distance 
movement of goods that— 
‘‘(A) travel across rural areas between pop-
ulation centers; and 
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‘‘(B) travel between rural areas and popu-
lation centers; 
‘‘(7) to improve the flexibility of States to sup-
port multi-State corridor planning and the creation 
of multi-State organizations to increase the ability of 
States to address multimodal freight connectivity; 
and 
‘‘(8) to reduce the adverse environmental im-
pacts 
of 
freight 
movement 
on 
the 
National 
Multimodal Freight Network. 
‘‘§ 70102. National freight strategic plan 
‘‘(a) IN GENERAL.—Not later than 2 years after the 
date of enactment of this section, the Secretary of Trans-
portation shall— 
‘‘(1) develop a national freight strategic plan in 
accordance with this section; and 
‘‘(2) publish the plan on the public Internet 
Web site of the Department of Transportation. 
‘‘(b) CONTENTS.—The national freight strategic plan 
shall include— 
‘‘(1) an assessment of the condition and per-
formance of the National Multimodal Freight Net-
work; 
‘‘(2) forecasts of freight volumes for the suc-
ceeding 5-, 10-, and 20-year periods; 
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‘‘(3) an identification of major trade gateways 
and national freight corridors that connect major 
population centers, trade gateways, and other major 
freight generators; 
‘‘(4) an identification of bottlenecks on the Na-
tional Multimodal Freight Network that create sig-
nificant freight congestion, based on a quantitative 
methodology developed by the Secretary, which shall, 
at a minimum, include— 
‘‘(A) information from the Freight Anal-
ysis Framework of the Federal Highway Ad-
ministration; and 
‘‘(B) to the maximum extent practicable, 
an estimate of the cost of addressing each bot-
tleneck and any operational improvements that 
could be implemented; 
‘‘(5) an assessment of statutory, regulatory, 
technological, institutional, financial, and other bar-
riers to improved freight transportation perform-
ance, and a description of opportunities for over-
coming the barriers; 
‘‘(6) an identification of best practices for im-
proving the performance of the National Multimodal 
Freight Network; 
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‘‘(7) a process for addressing multistate 
projects and encouraging jurisdictions to collaborate; 
and 
‘‘(8) strategies to improve freight intermodal 
connectivity. 
‘‘(c) UPDATES.—Not later than 5 years after the date 
of completion of the national freight strategic plan under 
subsection (a), and every 5 years thereafter, the Secretary 
shall update the plan and publish the updated plan on the 
public Internet Web site of the Department of Transpor-
tation. 
‘‘(d) CONSULTATION.—The Secretary shall develop 
and update the national freight strategic plan in consulta-
tion with State departments of transportation, metropoli-
tan planning organizations, and other appropriate public 
and private transportation stakeholders. 
‘‘§ 70103. National Multimodal Freight Network 
‘‘(a) IN GENERAL.—Not later than 180 days after 
the date of enactment of this section, the Secretary of 
Transportation shall establish the National Multimodal 
Freight Network in accordance with this section— 
‘‘(1) to focus Federal policy on the most stra-
tegic freight assets; and 
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‘‘(2) to assist in strategically directing resources 
and policies toward improved performance of the 
National Multimodal Freight Network. 
‘‘(b) 
NETWORK
COMPONENTS.—The 
National 
Multimodal Freight Network shall consist of— 
‘‘(1) the National Highway Freight Network, as 
established under section 167 of title 23; 
‘‘(2) the freight rail systems of Class I rail-
roads, as designated by the Surface Transportation 
Board; 
‘‘(3) the public ports of the United States that 
have total annual foreign and domestic trade of at 
least 2,000,000 short tons, as identified by the Wa-
terborne Commerce Statistics Center of the Army 
Corps of Engineers, using the data from the latest 
year for which such data is available; 
‘‘(4) the inland and intracoastal waterways of 
the United States, as described in section 206 of the 
Inland Waterways Revenue Act of 1978 (33 U.S.C. 
1804); 
‘‘(5) the Great Lakes, the St. Lawrence Sea-
way, and coastal routes along which domestic freight 
is transported; 
‘‘(6) the 50 airports located in the United 
States with the highest annual landed weight, as 
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identified by the Federal Aviation Administration; 
and 
‘‘(7) other strategic freight assets, including 
strategic intermodal facilities and freight rail lines of 
Class II and Class III railroads, designated by the 
Secretary as critical to interstate commerce. 
‘‘(c) REDESIGNATION.—Not later than 5 years after 
the date of establishment of the National Multimodal 
Freight Network under subsection (a), and every 5 years 
thereafter, the Secretary shall update the National 
Multimodal Freight Network. 
‘‘(d) CONSULTATION.—The Secretary shall establish 
and update the National Multimodal Freight Network in 
consultation with State departments of transportation and 
other appropriate public and private transportation stake-
holders. 
‘‘(e) LANDED WEIGHT DEFINED.—In this section, 
the term ‘landed weight’ means the weight of an aircraft 
transporting only cargo in intrastate, interstate, or foreign 
air transportation, as such terms are defined in section 
40102(a). 
‘‘CHAPTER 
702—MULTIMODAL 
FREIGHT 
TRANSPORTATION PLANNING AND IN-
FORMATION 
‘‘Sec. 
‘‘70201. State freight advisory committees. 
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‘‘70202. State freight plans. 
‘‘70203. Data and tools. 
‘‘§ 70201. State freight advisory committees 
‘‘(a) IN GENERAL.—The Secretary of Transportation 
shall encourage each State to establish a freight advisory 
committee consisting of a representative cross-section of 
public and private sector freight stakeholders, including 
representatives of ports, freight railroads, shippers, car-
riers, freight-related associations, third-party logistics pro-
viders, the freight industry workforce, the transportation 
department of the State, and local governments. 
‘‘(b) ROLE OF COMMITTEE.—A freight advisory com-
mittee of a State described in subsection (a) shall— 
‘‘(1) advise the State on freight-related prior-
ities, issues, projects, and funding needs; 
‘‘(2) serve as a forum for discussion for State 
transportation decisions affecting freight mobility; 
‘‘(3) communicate and coordinate regional pri-
orities with other organizations; 
‘‘(4) promote the sharing of information be-
tween the private and public sectors on freight 
issues; and 
‘‘(5) participate in the development of the 
freight plan of the State described in section 70202. 
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‘‘§ 70202. State freight plans 
‘‘(a) IN GENERAL.—Each State shall develop a 
freight plan that provides a comprehensive plan for the 
immediate and long-range planning activities and invest-
ments of the State with respect to freight. 
‘‘(b) PLAN CONTENTS.—A freight plan described in 
subsection (a) shall include, at a minimum— 
‘‘(1) an identification of significant freight sys-
tem trends, needs, and issues with respect to the 
State; 
‘‘(2) a description of the freight policies, strate-
gies, and performance measures that will guide the 
freight-related transportation investment decisions of 
the State; 
‘‘(3) a description of how the plan will improve 
the ability of the State to meet the national freight 
goals described in section 70101; 
‘‘(4) evidence of consideration of innovative 
technologies and operational strategies, including in-
telligent transportation systems, that improve the 
safety and efficiency of freight movement; 
‘‘(5) in the case of routes on which travel by 
heavy vehicles (including mining, agricultural, en-
ergy cargo or equipment, and timber vehicles) is pro-
jected to substantially deteriorate the condition of 
roadways, a description of improvements that may 
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be required to reduce or impede the deterioration; 
and 
‘‘(6) an inventory of facilities with freight mo-
bility issues, such as truck bottlenecks, within the 
State, and a description of the strategies the State 
is employing to address those freight mobility issues. 
‘‘(c) RELATIONSHIP TO STATE PLANS.— 
‘‘(1) IN GENERAL.—A freight plan described in 
subsection (a) may be developed separately from or 
incorporated into the statewide transportation plans 
required by section 135 of title 23. 
‘‘(2) UPDATES.—If the freight plan described 
in subsection (a) is developed separately from the 
State transportation improvement program, the 
freight plan shall be updated at least every 5 years. 
‘‘§ 70203. Data and tools 
‘‘(a) IN GENERAL.—Not later than 1 year after the 
date of enactment of this section, the Secretary shall— 
‘‘(1) begin development of new tools or improve 
existing tools to support an outcome-oriented, per-
formance-based approach to evaluate proposed 
freight-related and other transportation projects, in-
cluding— 
‘‘(A) methodologies for systematic analysis 
of benefits and costs; 
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‘‘(B) tools for ensuring that the evaluation 
of freight-related and other transportation 
projects may consider safety, economic competi-
tiveness, environmental sustainability, and sys-
tem condition in the project selection process; 
and 
‘‘(C) other elements to assist in effective 
transportation planning; 
‘‘(2) identify transportation-related freight trav-
el models and model data elements to support a 
broad range of evaluation methods and techniques to 
assist in making transportation investment decisions; 
and 
‘‘(3) at a minimum, in consultation with other 
relevant Federal agencies, consider any improve-
ments to existing freight flow data collection efforts, 
including improved methods to standardize and 
manage the data, that could reduce identified freight 
data gaps and deficiencies and help improve fore-
casts of freight transportation demand. 
‘‘(b) CONSULTATION.—The Secretary shall consult 
with Federal, State, and other stakeholders to develop, im-
prove, and implement the tools and collect the data de-
scribed in subsection (a).’’. 
VerDate Sep 11 2014 
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