736 
† HR 22 EAS 
and Infrastructure of the House of Representatives that de-
scribes the progress of Metro-North Commuter Railroad in 
implementing the directives and recommendations issued by 
the Federal Railroad Administration in its March 2014 re-
port to Congress titled ‘‘Operation Deep Dive Metro-North 
Commuter Railroad Safety Assessment’’. 
(b) FINAL REPORT.—Not later than 30 days after the 
completion date, the Administrator of the Federal Railroad 
Administration shall submit a final report on the directives 
and recommendations to Congress. 
(c) DEFINED TERM.—In this section, the term ‘‘com-
pletion date’’ means the date on which Metro-North Com-
muter Railroad has completed all of the directives and rec-
ommendations referred to in subsection (a). 
SEC. 35413. POST-ACCIDENT ASSESSMENT. 
(a) IN GENERAL.—The Secretary of Transportation, 
in cooperation with the National Transportation Safety 
Board and the National Railroad Passenger Corporation 
(referred to in this section as ‘‘Amtrak’’), shall conduct a 
post-accident assessment of the Amtrak Northeast Regional 
Train #188 crash on May 12, 2015. 
(b) ELEMENTS.—The assessment conducted pursuant 
to subsection (a) shall include— 
(1) a review of Amtrak’s compliance with the 
plan for addressing the needs of the families of pas-
737 
† HR 22 EAS 
sengers involved in any rail passenger accident, 
which was submitted pursuant to section 24316 of 
title 49, United States Code; 
(2) a review of Amtrak’s compliance with the 
emergency preparedness plan required under section 
239.101(a) of title 49, Code of Federal Regulations; 
(3) a determination of any additional action 
items that should be included in the plans referred to 
in paragraphs (1) and (2) to meet the needs of the 
passengers involved in the crash and their families, 
including— 
(A) notification of emergency contacts; 
(B) dedicated and trained staff to manage 
family assistance; 
(C) the establishment of a family assistance 
center at the accident locale or other appropriate 
location; 
(D) a system for identifying and recovering 
items belonging to passengers that were lost in 
the crash; and 
(E) the establishment of a single customer 
service entity within Amtrak to coordinate the 
response to the needs of the passengers involved 
in the crash and their families;
738 
† HR 22 EAS 
(4) recommendations for any additional training 
needed by Amtrak staff to better implement the plans 
referred to in paragraphs (1) and (2), including the 
establishment of a regular schedule for training drills 
and exercises. 
(c) REPORT TO CONGRESS.—Not later than 1 year 
after the date of the enactment of this Act, Amtrak shall 
submit a report to the Committee on Commerce, Science, 
and Transportation of the Senate and the Committee on 
Transportation and Infrastructure of the House of Rep-
resentatives that describes— 
(1) its plan to achieve the recommendations re-
ferred to in subsection (b)(4); and 
(2) steps that have been taken to address any de-
ficiencies identified through the assessment. 
SEC. 35414. TECHNICAL AND CONFORMING AMENDMENTS. 
(a) ASSISTANCE TO FAMILIES OF PASSENGERS IN-
VOLVED IN RAIL PASSENGER ACCIDENTS.—Section 1139 is 
amended— 
(1) in subsection (a)(1), by striking ‘‘phone num-
ber’’ and inserting ‘‘telephone number’’; 
(2) in subsection (a)(2), by striking ‘‘post trau-
ma communication with families’’ and inserting 
‘‘post-trauma communication with families’’; and
739 
† HR 22 EAS 
(3) in subsection (j), by striking ‘‘railroad pas-
senger accident’’ each place it appears and inserting 
‘‘rail passenger accident’’. 
(b) SOLID WASTE RAIL TRANSFER FACILITY LAND- 
USE EXEMPTION.—Section 10909 is amended— 
(1) in subsection (b), in the matter preceding 
paragraph (1), by striking ‘‘Clean Railroad Act of 
2008’’ and inserting ‘‘Clean Railroads Act of 2008’’; 
and 
(2) in subsection (e), by striking ‘‘Upon the 
granting of petition from the State’’ and inserting 
‘‘Upon the granting of a petition from the State’’. 
(c) RULEMAKING PROCESS.—Section 20116 is amend-
ed— 
(1) by inserting ‘‘(2)’’ before ‘‘the code, rule, 
standard, requirement, or practice has been subject to 
notice and comment under a rule or order issued 
under this part.’’ and indenting accordingly; 
(2) by inserting ‘‘(1)’’ before ‘‘unless’’ and in-
denting accordingly; 
(3) in paragraph (1), as redesignated, by strik-
ing ‘‘order, or’’ and inserting ‘‘order; or’’; and 
(4) in the matter preceding paragraph (1), as re-
designated, by striking ‘‘unless’’ and inserting ‘‘un-
less—’’.
740 
† HR 22 EAS 
(d) ENFORCEMENT REPORT.—Section 20120(a) is 
amended— 
(1) in the matter preceding paragraph (1), by 
striking ‘‘website’’ and inserting ‘‘Web site’’; 
(2) in paragraph (1), by striking ‘‘accident and 
incidence reporting’’ and inserting ‘‘accident and in-
cident reporting’’; 
(3) in paragraph (2)(G), by inserting ‘‘and’’ at 
the end; and 
(4) in paragraph (5)(B), by striking ‘‘Adminis-
trative Hearing Officer or Administrative Law 
Judge’’ and inserting ‘‘administrative hearing officer 
or administrative law judge’’. 
(e) RAILROAD SAFETY RISK REDUCTION PROGRAM.— 
Section 20156 is amended— 
(1) in subsection (c), by inserting a comma after 
‘‘In developing its railroad safety risk reduction pro-
gram’’; and 
(2) in subsection (g)(1)— 
(A) by inserting a comma after ‘‘good 
faith’’; and 
(B) by striking ‘‘non-profit’’ and inserting 
‘‘nonprofit’’. 
(f) ROADWAY USER SIGHT DISTANCE AT HIGHWAY- 
RAIL GRADE CROSSINGS.—Section 20159 is amended by
741 
† HR 22 EAS 
striking ‘‘the Secretary’’ and inserting ‘‘the Secretary of 
Transportation’’. 
(g) NATIONAL CROSSING INVENTORY.—Section 20160 
is amended— 
(1) in subsection (a)(1), by striking ‘‘concerning 
each previously unreported crossing through which it 
operates or with respect to the trackage over which it 
operates’’ and inserting ‘‘concerning each previously 
unreported crossing through which it operates with 
respect to the trackage over which it operates’’; and 
(2) in subsection (b)(1)(A), by striking ‘‘con-
cerning each crossing through which it operates or 
with respect to the trackage over which it operates’’ 
and inserting ‘‘concerning each crossing through 
which it operates with respect to the trackage over 
which it operates’’. 
(h) MINIMUM TRAINING STANDARDS AND PLANS.— 
Section 20162(a)(3) is amended by striking ‘‘railroad com-
pliance with Federal standards’’ and inserting ‘‘railroad 
carrier compliance with Federal standards’’. 
(i) DEVELOPMENT AND USE OF RAIL SAFETY TECH-
NOLOGY.—Section 20164(a) is amended by striking ‘‘after 
enactment of the Railroad Safety Enhancement Act of 
2008’’ and inserting ‘‘after the date of enactment of the Rail 
Safety Improvement Act of 2008’’.
742 
† HR 22 EAS 
(j) RAIL SAFETY IMPROVEMENT ACT OF 2008.— 
(1) TABLE OF CONTENTS.—Section 1(b) of divi-
sion A of the Rail Safety Improvement Act of 2008 
(Public Law 110–432; 122 Stat. 4848) is amended— 
(A) in the item relating to section 307, by 
striking ‘‘website’’ and inserting ‘‘Web site’’; 
(B) in the item relating to title VI, by strik-
ing ‘‘solid waste facilities’’ and inserting ‘‘solid 
waste rail transfer facilities’’; and 
(C) in the item relating to section 602, by 
striking ‘‘solid waste transfer facilities’’ and in-
serting ‘‘solid waste rail transfer facilities’’. 
(2) DEFINITIONS.—Section 2(a)(1) of division A 
of the Rail Safety Improvement Act of 2008 (Public 
Law 110–432; 122 Stat. 4849) is amended in the 
matter preceding subparagraph (A), by inserting a 
comma after ‘‘at grade’’. 
(3) 
RAILROAD
SAFETY
STRATEGY.—Section 
102(a)(6) of title I of division A of the Rail Safety 
Improvement Act of 2008 (49 U.S.C. 20101 note) is 
amended by striking ‘‘Improving the safety of rail-
road bridges, tunnels, and related infrastructure to 
prevent accidents, incidents, injuries, and fatalities 
caused by catastrophic failures and other bridge and 
tunnel failures.’’ and inserting ‘‘Improving the safety
743 
† HR 22 EAS 
of railroad bridges, tunnels, and related infrastruc-
ture to prevent accidents, incidents, injuries, and fa-
talities caused by catastrophic and other failures of 
such infrastructure.’’. 
(4) OPERATION LIFESAVER.—Section 206(a) of 
title II of division A of the Rail Safety Improvement 
Act of 2008 (49 U.S.C. 22501 note) is amended by 
striking ‘‘Public Service Announcements’’ and insert-
ing ‘‘public service announcements’’. 
(5) UPDATE OF FEDERAL RAILROAD ADMINIS-
TRATION’S WEB SITE.—Section 307 of title III of di-
vision A of the Rail Safety Improvement Act of 2008 
(49 U.S.C. 103 note) is amended— 
(A) in the heading by striking ‘‘FEDERAL 
RAILROAD
ADMINISTRATION’S
WEBSITE’’ 
and inserting ‘‘Federal Railroad Administration 
Web site’’; 
(B) by striking ‘‘website’’ each place it ap-
pears and inserting ‘‘Web site’’; and 
(C) by striking ‘‘website’s’’ and inserting 
‘‘Web site’s’’. 
(6) ALCOHOL
AND
CONTROLLED
SUBSTANCE 
TESTING
FOR
MAINTENANCE-OF-WAY
EMPLOYEES.— 
Section 412 of title IV of division A of the Rail Safe-
ty Improvement Act of 2008 (49 U.S.C. 20140 note)
744 
† HR 22 EAS 
is amended by striking ‘‘Secretary of Transportation’’ 
and inserting ‘‘Secretary’’. 
(7) TUNNEL INFORMATION.—Section 414 of title 
IV of division A of the Rail Safety Improvement Act 
of 2008 (49 U.S.C. 20103 note) is amended— 
(A) by striking ‘‘parts 171.8, 173.115’’ and 
inserting ‘‘sections 171.8, 173.115’’; and 
(B) by striking ‘‘part 1520.5’’ and inserting 
‘‘section 1520.5’’. 
(8) SAFETY INSPECTIONS IN MEXICO.—Section 
416 of title IV of division A of the Rail Safety Im-
provement Act of 2008 (49 U.S.C. 20107 note) is 
amended— 
(A) in the matter preceding paragraph (1), 
by striking ‘‘Secretary of Transportation’’ and 
inserting ‘‘Secretary’’; and 
(B) in paragraph (4), by striking ‘‘sub-
section’’ and inserting ‘‘section’’. 
(9) HEADING OF TITLE VI.—The heading of title 
VI of division A of the Rail Safety Improvement Act 
of 2008 (122 Stat. 4900) is amended by striking 
‘‘SOLID WASTE FACILITIES’’ and inserting 
‘‘SOLID WASTE RAIL TRANSFER FA-
CILITIES’’.
745 
† HR 22 EAS 
(10) HEADING OF SECTION 602.—Section 602 of 
title VI of division A of the Rail Safety Improvement 
Act of 2008 (122 Stat. 4900) is amended by striking 
‘‘SOLID WASTE TRANSFER FACILITIES’’ and in-
serting ‘‘SOLID WASTE RAIL TRANSFER FACILI-
TIES’’. 
SEC. 35415. GAO STUDY ON USE OF LOCOMOTIVE HORNS AT 
HIGHWAY-RAIL GRADE CROSSINGS. 
The Comptroller General of the United States shall 
submit a report to Congress containing the results of a 
study evaluating the effectiveness of the Federal Railroad 
Administration’s final rule on the use of locomotive horns 
at highway-rail grade crossings, which was published in the 
Federal Register on August 17, 2006 (71 Fed. Reg. 47614). 
SEC. 35416. BRIDGE INSPECTION REPORTS. 
Section 417(d) of the Rail Safety Improvement Act of 
2008 (49 U.S.C. 20103 note) 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) AVAILABILITY OF BRIDGE INSPECTION RE-
PORTS.—The Administrator of the Federal Railroad 
Administration shall—
746 
† HR 22 EAS 
‘‘(A) maintain a copy of the most recent 
bridge inspection reports prepared in accordance 
with section (b)(5); and 
‘‘(B) provide copies of the reports described 
in subparagraph (A) to appropriate State and 
local government transportation officials, upon 
request.’’. 
PART II—CONSOLIDATED RAIL INFRASTRUCTURE 
AND SAFETY IMPROVEMENTS 
SEC. 35421. CONSOLIDATED RAIL INFRASTRUCTURE AND 
SAFETY IMPROVEMENTS. 
(a) IN GENERAL.—Chapter 244, as amended by sec-
tion 35302 of this Act, is further amended by adding at 
the end the following: 
‘‘§ 24408. Consolidated rail infrastructure and safety 
improvements 
‘‘(a) GENERAL AUTHORITY.—The Secretary may make 
grants under this section to an eligible recipient to assist 
in financing the cost of improving passenger and freight 
rail transportation systems in terms of safety, efficiency, 
or reliability. 
‘‘(b) ELIGIBLE RECIPIENTS.—The following entities 
are eligible to receive a grant under this section: 
‘‘(1) A State. 
‘‘(2) A group of States.
747 
† HR 22 EAS 
‘‘(3) An Interstate Compact. 
‘‘(4) A public agency or publicly chartered au-
thority established by 1 or more States and having re-
sponsibility for providing intercity rail passenger, 
commuter rail passenger, or freight rail transpor-
tation service. 
‘‘(5) A political subdivision of a State. 
‘‘(6) Amtrak or another rail passenger carrier 
that provides intercity rail passenger transportation 
(as defined in section 24102) or commuter rail pas-
senger transportation (as defined in section 24102). 
‘‘(7) A Class II railroad or Class III railroad (as 
those terms are defined in section 20102). 
‘‘(8) Any rail carrier or rail equipment manu-
facturer in partnership with at least 1 of the entities 
described in paragraphs (1) through (5). 
‘‘(9) Any entity established to procure, manage, 
or maintain passenger rail equipment under section 
305 of the Passenger Rail Investment and Improve-
ment Act of 2008 (49 U.S.C. 24101 note). 
‘‘(10) An organization that is actively involved 
in the development of operational and safety-related 
standards for rail equipment and operations or the 
implementation of safety-related programs.
748 
† HR 22 EAS 
‘‘(11) The Transportation Research Board and 
any entity with which it contracts in the development 
of rail-related research, including cooperative research 
programs. 
‘‘(12) A University transportation center ac-
tively engaged in rail-related research. 
‘‘(13) A non-profit labor organization rep-
resenting a class or craft of employees of railroad car-
riers or railroad carrier contractors. 
‘‘(c) ELIGIBLE PROJECTS.—The following projects are 
eligible to receive grants under this section: 
‘‘(1) Deployment of railroad safety technology, 
including positive train control and rail integrity in-
spection systems. 
‘‘(2) A capital project as defined in section 
24401, except that a project shall not be required to 
be in a State rail plan developed under chapter 227. 
‘‘(3) A capital project identified by the Secretary 
as being necessary to address congestion challenges af-
fecting rail service. 
‘‘(4) A highway-rail grade crossing improve-
ment, including grade separations, private highway- 
rail grade crossing improvements, and safety engi-
neering improvements to reduce risk in quiet zones or 
potential quiet zones.
749 
† HR 22 EAS 
‘‘(5) A rail line relocation project. 
‘‘(6) A capital project to improve short-line or 
regional railroad infrastructure. 
‘‘(7) Development of public education, awareness, 
and targeted law enforcement activities to reduce vio-
lations of traffic laws at highway-rail grade crossings 
and to help prevent and reduce injuries and fatalities 
along railroad rights-of-way. 
‘‘(8) The preparation of regional rail and cor-
ridor service development plans and corresponding 
environmental analyses. 
‘‘(9) Any project that the Secretary considers 
necessary to enhance multimodal connections or fa-
cilitate service integration between rail service and 
other modes, including between intercity rail pas-
senger transportation and intercity bus service. 
‘‘(10) The development of rail-related capital, op-
erations, and safety standards. 
‘‘(11) The implementation and operation of a 
safety program or institute designed to improve rail 
safety culture and rail safety performance. 
‘‘(12) Any research that the Secretary considers 
necessary to advance any particular aspect of rail-re-
lated capital, operations, or safety improvements.
750 
† HR 22 EAS 
‘‘(13) Workforce development activities, coordi-
nated to the extent practicable with the existing local 
training programs supported by the Department of 
Transportation, Department of Labor, and Depart-
ment of Education. 
‘‘(d) APPLICATION PROCESS.—The Secretary shall 
prescribe the form and manner of filing an application 
under this section. 
‘‘(e) PROJECT SELECTION CRITERIA.— 
‘‘(1) IN GENERAL.—In selecting a recipient of a 
grant for an eligible project, the Secretary shall— 
‘‘(A) give preference to a proposed project 
for which the proposed Federal share of total 
project costs does not exceed 50 percent; and 
‘‘(B) after factoring in preference to projects 
under subparagraph (A), select projects that will 
maximize the net benefits of the funds appro-
priated for use under this section, considering 
the cost-benefit analysis of the proposed project, 
including anticipated private and public benefits 
relative to the costs of the proposed project and 
factoring in the other considerations described in 
paragraph (2). 
‘‘(2) OTHER
CONSIDERATIONS.—The Secretary 
shall also consider the following:
751 
† HR 22 EAS 
‘‘(A) The degree to which the proposed 
project’s business plan considers potential pri-
vate sector participation in the financing, con-
struction, or operation of the project; 
‘‘(B) The recipient’s past performance in 
developing and delivering similar projects, and 
previous financial contributions; 
‘‘(C) Whether the recipient has or will have 
the legal, financial, and technical capacity to 
carry out the proposed project, satisfactory con-
tinuing control over the use of the equipment or 
facilities, and the capability and willingness to 
maintain the equipment or facilities; 
‘‘(D) If applicable, the consistency of the 
proposed project with planning guidance and 
documents set forth by the Secretary or required 
by law or State rail plans developed under chap-
ter 227; 
‘‘(E) If applicable, any technical evaluation 
ratings that proposed project received under pre-
vious competitive grant programs administered 
by the Secretary; and 
‘‘(F) Such other factors as the Secretary 
considers relevant to the successful delivery of the 
project.
752 
† HR 22 EAS 
‘‘(3) BENEFITS.—The benefits described in para-
graph (1)(B) may include the effects on system and 
service performance, including measures such as im-
proved safety, competitiveness, reliability, trip or 
transit time, resilience, efficiencies from improved in-
tegration with other modes, and ability to meet exist-
ing or anticipated demand. 
‘‘(f) PERFORMANCE MEASURES.—The Secretary shall 
establish performance measures for each grant recipient to 
assess progress in achieving strategic goals and objectives. 
The Secretary may require a grant recipient to periodically 
report information related to such performance measures. 
‘‘(g) RURAL AREAS.— 
‘‘(1) IN
GENERAL.—Of the amounts appro-
priated under this section, at least 25 percent shall be 
available for projects in rural areas. The Secretary 
shall consider a project to be in a rural area if all 
or the majority of the project (determined by the geo-
graphic location or locations where the majority of 
the project funds will be spent) is located in a rural 
area. 
‘‘(2) DEFINITION OF RURAL AREA.—In this sub-
section, the term ‘rural area’ means any area not in 
an urbanized area, as defined by the Census Bureau. 
‘‘(h) FEDERAL SHARE OF TOTAL PROJECT COSTS.—
753 
† HR 22 EAS 
‘‘(1) TOTAL
PROJECT
COSTS.—The Secretary 
shall estimate the total costs of a project under this 
subsection based on the best available information, in-
cluding engineering studies, studies of economic feasi-
bility, environmental analyses, and information on 
the expected use of equipment or facilities. 
‘‘(2) FEDERAL
SHARE.—The Federal share of 
total project costs under this subsection shall not ex-
ceed 80 percent. 
‘‘(3) TREATMENT
OF
PASSENGER
RAIL
REV-
ENUE.—If Amtrak or another rail passenger carrier 
is an applicant under this section, Amtrak or the 
other rail passenger carrier, as applicable, may use 
ticket and other revenues generated from its oper-
ations and other sources to satisfy the non-Federal 
share requirements. 
‘‘(i) APPLICABILITY.—Except as specifically provided 
in this section, the use of any amounts appropriated for 
grants under this section shall be subject to the requirements 
of this chapter. 
‘‘(j) AVAILABILITY.—Amounts appropriated for car-
rying out this section shall remain available until ex-
pended.’’. 
(b) CONFORMING AMENDMENT.—The table of contents 
of chapter 244, as amended by section 35302 of this Act,
754 
† HR 22 EAS 
is amended by adding after the item relating to section 
24407 the following: 
‘‘24408. Consolidated rail infrastructure and safety improvements.’’. 
PART III—HAZARDOUS MATERIALS BY RAIL 
SAFETY AND OTHER SAFETY ENHANCEMENTS 
SEC. 35431. REAL-TIME EMERGENCY RESPONSE INFORMA-
TION. 
(a) IN GENERAL.—Not later than 1 year after the date 
of enactment of this Act, the Secretary, in consultation with 
the Secretary of Homeland Security, shall promulgate regu-
lations— 
(1) to require a Class I railroad transporting 
hazardous materials— 
(A) to generate accurate, real-time, and 
electronic train consist information, including— 
(i) the identity, quantity, and location 
of hazardous materials on a train; 
(ii) the point of origin and destination 
of the train; 
(iii) any emergency response informa-
tion or resources required by the Secretary; 
and 
(iv) an emergency response point of 
contact designated by the Class I railroad; 
and
755 
† HR 22 EAS 
(B) to enter into a memorandum of under-
standing with each applicable fusion center to 
provide that fusion center with secure and con-
fidential access to the electronic train consist in-
formation described in subparagraph (A) for 
each train transporting hazardous materials in 
that fusion center’s jurisdiction; 
(2) to require each applicable fusion center to 
provide the electronic train consist information de-
scribed in paragraph (1)(A) to first responders, emer-
gency response officials, and law enforcement per-
sonnel that are involved in the response to or inves-
tigation of an incident, accident, or public health or 
safety emergency involving the rail transportation of 
hazardous materials and that request such electronic 
train consist information; 
(3) upon the request of each State, political sub-
division of a State, or public agency responsible for 
emergency response or law enforcement, to require 
each applicable fusion center to provide advance no-
tice for each high-hazard flammable train traveling 
through the jurisdiction of each State, political sub-
division of a State, or public agency, which notice 
shall include the electronic train consist information 
described in paragraph (1)(A) for the high-hazard
756 
† HR 22 EAS 
flammable train, and to the extent practicable, for re-
questing States, political subdivisions, or public agen-
cies, to ensure that the fusion center shall provide at 
least 12 hours of advance notice for a high-hazard 
flammable train that will be traveling through the ju-
risdiction of the State, political subdivision of a 
State, or public agency, and include within the notice 
its best estimate of the time the train will enter the 
jurisdiction; 
(4) to prohibit any railroad, employee, or agent 
from withholding, or causing to be withheld the train 
consist information from first responders, emergency 
response officials, and law enforcement personnel de-
scribed in paragraph (2) in the event of an incident, 
accident, or public health or safety emergency involv-
ing the rail transportation of hazardous materials; 
(5) to establish security and confidentiality pro-
tections to prevent the release of the electronic train 
consist information to unauthorized persons; and 
(6) to allow each Class I railroad to enter into 
a memorandum of understanding with any Class II 
or Class III railroad that operates trains over the 
Class I railroad’s line to incorporate the Class II or 
Class III railroad’s train consist information within 
the existing framework described in paragraph (1).
757 
† HR 22 EAS 
(b) DEFINITIONS.—In this section: 
(1) APPLICABLE
FUSION
CENTER.—The term 
‘‘applicable fusion center’’ means a fusion center with 
responsibility for a geographic area in which a Class 
I railroad operates. 
(2) CLASS I RAILROAD.—The term ‘‘Class I rail-
road’’ has the meaning given the term in section 
20102 of title 49, United States Code. 
(3) FUSION CENTER.—The term ‘‘fusion center’’ 
has the meaning given the term in section 124h(j) of 
title 6, United States Code. 
(4) HAZARDOUS
MATERIALS.—The term ‘‘haz-
ardous materials’’ means material designated as haz-
ardous by the Secretary of Transportation under 
chapter 51 of the United States Code. 
(5) HIGH-HAZARD
FLAMMABLE
TRAIN.—The 
term ‘‘high-hazard flammable train’’ means a single 
train transporting 20 or more tank cars loaded with 
a Class 3 flammable liquid 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. 
(6) TRAIN CONSIST.—The term ‘‘train consist’’ 
includes, with regard to a specific train, the number
758 
† HR 22 EAS 
of rail cars and the commodity transported by each 
rail car. 
(c) SAVINGS CLAUSE.— 
(1) Nothing in this section may be construed to 
prohibit a Class I railroad from voluntarily entering 
into a memorandum of understanding, as described 
in subsection (a)(1)(B), with a State emergency re-
sponse commission or an entity representing or in-
cluding first responders, emergency response officials, 
and law enforcement personnel. 
(2) Nothing in this section may be construed to 
amend any requirement for a railroad to provide a 
State Emergency Response Commission, for each 
State in which it operates trains transporting 
1,000,000 gallons or more of Bakken crude oil, notifi-
cation regarding the expected movement of such trains 
through the counties in the State. 
SEC. 35432. THERMAL BLANKETS. 
(a) REQUIREMENTS.—Not later than 180 days after 
the date of enactment of this Act, the Secretary shall pro-
mulgate such regulations as are necessary to require each 
tank car built to meet the DOT–117 specification and each 
non-jacketed tank car modified to meet the DOT–117R spec-
ification— 
(1) to be equipped with a thermal blanket; or
759 
† HR 22 EAS 
(2) to have sufficient thermal resistance so that 
there will be no release of any lading within the tank 
car, except release through the pressure relief device, 
when subjected to a pool fire for 200 minutes and a 
torch fire for 30 minutes. 
(b) DEFINITION OF THERMAL BLANKET.—In this sec-
tion, the term ‘‘thermal blanket’’ means an insulating blan-
ket that is applied between the outer surface of a tank car 
tank and the inner surface of a tank car jacket and that 
has thermal conductivity no greater than 2.65 Btu per inch, 
per hour, per square foot, and per degree Fahrenheit at a 
temperature of 2000 degrees Fahrenheit, plus or minus 100 
degrees Fahrenheit. 
(c) SAVINGS CLAUSE.— 
(1) PRESSURE
RELIEF
DEVICES.—Nothing in 
this section may be construed to affect or prohibit any 
requirement to equip with appropriately sized pres-
sure relief devices a tank car built to meet the DOT– 
117 specification or a non-jacketed tank car modified 
to meet the DOT–117R specification. 
(2) HARMONIZATION.—Nothing in this section 
may be construed to require or allow the Secretary to 
prescribe an implementation deadline or authoriza-
tion end date for the requirement under subsection (a) 
that is earlier than the applicable implementation
760 
† HR 22 EAS 
deadline or authorization end date for other tank car 
modifications necessary to meet the DOT–117R speci-
fication. 
SEC. 35433. COMPREHENSIVE OIL SPILL RESPONSE PLANS. 
(a) REQUIREMENTS.—Not later than 120 days after 
the date of enactment of this Act, the Secretary shall issue 
a notice of proposed rulemaking to require each railroad 
carrier transporting a Class 3 flammable liquid to main-
tain a comprehensive oil spill response plan. 
(b) CONTENTS.—The regulations under subsection (a) 
shall require each rail carrier described in that subsection— 
(1) to include in the comprehensive oil spill re-
sponse plan procedures and resources for responding, 
to the maximum extent practicable, to a worst-case 
discharge; 
(2) to ensure the comprehensive oil spill response 
plan is consistent with the National Contingency 
Plan and each applicable Area Contingency Plan; 
(3) to include in the comprehensive oil spill re-
sponse plan appropriate notification and training 
procedures; 
(4) to review and update its comprehensive oil 
spill response plan as appropriate; and 
(5) to provide the comprehensive oil spill re-
sponse plan for acceptance by the Secretary.
761 
† HR 22 EAS 
(c) SAVINGS CLAUSE.—Nothing in the section may be 
construed as prohibiting the Secretary from promulgating 
different comprehensive oil response plan standards for 
Class I, Class II, and Class III railroads. 
(d) DEFINITIONS.—In this section: 
(1) AREA CONTINGENCY PLAN.—The term ‘‘Area 
Contingency Plan’’ has the meaning given the term in 
section 311(a) of the Federal Water Pollution Control 
Act (33 U.S.C. 1321(a)). 
(2) CLASS
FLAMMABLE
LIQUID.—The term 
‘‘Class 3 flammable liquid’’ has the meaning given the 
term in section 173.120(a) of title 49, Code of Federal 
Regulations. 
(3) CLASS I RAILROAD, CLASS II RAILROAD, AND 
CLASS III RAILROAD.—The terms ‘‘Class I railroad’’, 
‘‘Class II railroad’’ and ‘‘Class III railroad’’ have the 
meanings given the terms in section 20102 of title 49, 
United States Code. 
(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 of title 49, United States Code.
762 
† HR 22 EAS 
(6) WORST-CASE DISCHARGE.—The term ‘‘worst- 
case discharge’’ means a railroad carrier’s calculation 
of its largest foreseeable discharge in the event of an 
accident or incident. 
SEC. 35434. HAZARDOUS MATERIALS BY RAIL LIABILITY 
STUDY. 
(a) IN GENERAL.—Not later than 30 days after the 
date of enactment of this Act, the Secretary shall initiate 
a study on the levels and structure of insurance for a rail-
road carrier transporting hazardous materials. 
(b) CONTENTS.—In conducting the study under sub-
section (a), the Secretary shall evaluate— 
(1) the level and structure of insurance, includ-
ing self-insurance, available in the private market 
against the full liability potential for damages arising 
from an accident or incident involving a train trans-
porting hazardous materials; 
(2) the level and structure of insurance that 
would be necessary and appropriate— 
(A) to efficiently allocate risk and financial 
responsibility for claims; and 
(B) to ensure that a railroad carrier trans-
porting hazardous materials can continue to op-
erate despite the risk of an accident or incident;
763 
† HR 22 EAS 
(3) the potential applicability to trains trans-
porting hazardous materials of— 
(A) a liability regime modeled after section 
170 of the Atomic Energy Act of 1954, as 
amended (42 U.S.C. 2210); and 
(B) a liability regime modeled after subtitle 
2 of title XXI of the Public Health Service Act 
(42 U.S.C. 300aa–10 et seq.). 
(c) REPORT.—Not later than 1 year after the date the 
study under subsection (a) is initiated, the Secretary shall 
submit a report containing the results of the study and rec-
ommendations for addressing liability issues with rail 
transportation of hazardous materials to— 
(1) the Committee on Commerce, Science, and 
Transportation of the Senate; and 
(2) the Committee on Transportation and Infra-
structure of the House of Representatives. 
(d) DEFINITIONS.—In this section: 
(1) HAZARDOUS
MATERIAL.—The term ‘‘haz-
ardous material’’ means a substance or material the 
Secretary designates under section 5103(a) of title 49, 
United States Code. 
(2) RAILROAD
CARRIER.—The term ‘‘railroad 
carrier’’ has the meaning given the term in section 
20102 of title 49, United States Code.
764 
† HR 22 EAS 
SEC. 35435. STUDY AND TESTING OF ELECTRONICALLY- 
CONTROLLED PNEUMATIC BRAKES. 
(a) GOVERNMENT ACCOUNTABILITY OFFICE STUDY.— 
(1) IN
GENERAL.—The Government Account-
ability Office shall complete an independent evalua-
tion of ECP brake systems pilot program data and 
the Department of Transportation’s research and 
analysis on the effects of ECP brake systems. 
(2) STUDY ELEMENTS.—In completing the inde-
pendent evaluation under paragraph (1), the Govern-
ment Accountability Office shall examine the fol-
lowing issues related to ECP brake systems: 
(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 chal-
lenges, including the effects of potential loco-
motive and car segregation, technical reliability 
issues, and network disruptions.
765 
† HR 22 EAS 
(E) Analysis of potential implementation 
challenges, including installation time, positive 
train control integration complexities, compo-
nent availability issues, and tank car shop capa-
bilities. 
(F) Analysis of international experiences 
with the use of advanced braking technologies. 
(3) DEADLINE.—Not later than 18 months after 
the date of enactment of this Act, the Government Ac-
countability Office shall transmit to the Committee on 
Commerce, Science, and Transportation of the Senate 
and the Committee on Transportation and Infrastruc-
ture of the House of Representatives a report on the 
results of the independent evaluation under para-
graph (1). 
(b) EMERGENCY BRAKING APPLICATION TESTING.— 
(1) IN GENERAL.—The Secretary of Transpor-
tation shall enter into an agreement with the NCRRP 
Board— 
(A) to complete testing of ECP brake sys-
tems during emergency braking application, in-
cluding more than 1 scenario involving the un-
coupling of a train with 70 or more DOT–117- 
specification or DOT–117R-specification tank 
cars; and
766 
† HR 22 EAS 
(B) to transmit, not later than 18 months 
after the date of enactment of this Act, to the 
Committee on Commerce, Science, and Transpor-
tation of the Senate and the Committee on 
Transportation and Infrastructure of the House 
of Representatives a report on the results of the 
testing. 
(2) INDEPENDENT EXPERTS.—In completing the 
testing under paragraph (1), the NCRRP Board may 
contract with 1 or more engineering or rail experts, 
as appropriate, with relevant experience in con-
ducting railroad safety technology tests or similar 
crash tests. 
(3) TESTING
FRAMEWORK.—In completing the 
testing under paragraph (1), the NCRRP Board and 
each contractor described in paragraph (2) shall en-
sure that the testing objectively, accurately, and reli-
ably measures the performance of ECP brake systems 
relative to other braking technologies 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; 
(C) the measures of in-train forces; and 
(D) the stopping distance.
767 
† HR 22 EAS 
(4) FUNDING.—The Secretary shall require, as 
part of the agreement under paragraph (1), that the 
NCRRP Board fund the testing required under this 
section— 
(A) using such sums made available under 
section 24910 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 Office of the Secretary. 
(5) EQUIPMENT.—The NCRRP Board and each 
contractor described in paragraph (2) may receive or 
use rolling stock, track, and other equipment or infra-
structure from a private entity for the purposes of 
conducting the testing required under this section. 
(c) EVIDENCE-BASED APPROACH.— 
(1) ANALYSIS.—The Secretary shall— 
(A) not later than 90 days after the report 
date, fully incorporate and reflect the findings 
from both reports into a draft updated regu-
latory impact analysis of the effects of the appli-
cable ECP brake system requirements;
769 
† HR 22 EAS 
(1) APPLICABLE ECP BRAKE SYSTEM REQUIRE-
MENTS.—The term ‘‘applicable brake system require-
ments’’ 
means 
sections 
174.310(a)(3)(ii), 
174.310(a)(3)(iii), 
174.310(a)(5)(v), 
179.102–10, 
179.202–12(g), and 179.202–13(i) of title 49, Code of 
Federal Regulations, and any other regulation in ef-
fect on the date of enactment of this Act requiring the 
installation of ECP brakes or operation in ECP brake 
mode. 
(2) CLASS
FLAMMABLE
LIQUID.—The term 
‘‘Class 3 flammable liquid’’ has the meaning given the 
term 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 ac-
tuated by compressed air and controlled by elec-
tronic signals from the locomotive or an ECP– 
EOT to the cars in the consist for service and
770 
† HR 22 EAS 
emergency applications in which the brake pipe 
is used to provide a constant supply of com-
pressed air to the reservoirs on each car but does 
not convey braking signals to the car. 
(B) INCLUSIONS.—The term ‘‘ECP brake 
system’’ includes dual mode and stand-alone 
ECP brake systems. 
(6) HIGH-HAZARD
FLAMMABLE
UNIT
TRAIN.— 
The term ‘‘high-hazard flammable unit train’’ means 
a single train transporting 70 or more loaded tank 
cars containing Class 3 flammable liquid. 
(7) 
NCRRP 
BOARD.—The 
term 
‘‘NCRRP 
Board’’ means the independent governing board of the 
National Cooperative Rail Research Program. 
(8) RAILROAD
CARRIER.—The term ‘‘railroad 
carrier’’ has the meaning given the term in section 
20102 of title 49, United States Code. 
(9) REPORT
DATE.—The term ‘‘report date’’ 
means the date that both the report under subsection 
(a)(3) and the report under subsection (b)(1)(B) have 
been transmitted under those subsections. 
SEC. 35436. RECORDING DEVICES. 
(a) IN GENERAL.—Subchapter II of chapter 201 is 
amended by adding after section 20167 the following:
771 
† HR 22 EAS 
‘‘§ 20168. Installation of audio and image recording 
devices 
‘‘(a) IN GENERAL.—Not later than 2 years after the 
date of enactment of the Railroad Reform, Enhancement, 
and Efficiency Act, the Secretary of Transportation shall 
promulgate regulations to require each rail carrier that pro-
vides regularly scheduled intercity rail passenger or com-
muter rail passenger transportation to the public to install 
inward- and outward-facing image recording devices in all 
controlling locomotive cabs and cab car operating compart-
ments in such passenger trains. 
‘‘(b) DEVICE STANDARDS.—Each inward- and out-
ward-facing image recording device shall— 
‘‘(1) have a minimum 12-hour continuous re-
cording capability; 
‘‘(2) have crash and fire protections for any in- 
cab image recordings that are stored only within a 
controlling locomotive cab or cab car operating com-
partment; and 
‘‘(3) have recordings accessible for review during 
an accident investigation. 
‘‘(c) REVIEW.—The Secretary shall establish a process 
to review and approve or disapprove an inward- or out-
ward-facing recording device for compliance with the stand-
ards described in subsection (b).
772 
† HR 22 EAS 
‘‘(d) USES.—A rail carrier that has installed an 
inward- or outward-facing image recording device approved 
under subsection (c) may use recordings from that inward- 
or outward-facing image recording device for the following 
purposes: 
‘‘(1) Verifying that train crew actions are in ac-
cordance with applicable safety laws and the rail car-
rier’s operating rules and procedures. 
‘‘(2) Assisting in an investigation into the cau-
sation of a reportable accident or incident. 
‘‘(3) Carrying out efficiency testing and system- 
wide performance monitoring programs. 
‘‘(4) Documenting a criminal act or monitoring 
unauthorized occupancy of the controlling locomotive 
cab or car operating compartment. 
‘‘(5) Other purposes that the Secretary considers 
appropriate. 
‘‘(e) VOLUNTARY IMPLEMENTATION.— 
‘‘(1) IN GENERAL.—Each rail carrier operating 
freight rail service may implement any inward- or 
outward-facing image recording devices approved 
under subsection (c). 
‘‘(2) AUTHORIZED USES.—Notwithstanding any 
other provision of law, each rail carrier may use re-
cordings from an inward- or outward-facing image
773 
† HR 22 EAS 
recording device approved under subsection (c) for 
any of the purposes described in subsection (d). 
‘‘(f) DISCRETION.— 
‘‘(1) IN GENERAL.—The Secretary may— 
‘‘(A) require in-cab audio recording devices 
for the purposes described in subsection (d); and 
‘‘(B) define in appropriate technical detail 
the essential features of the devices required 
under subparagraph (A). 
‘‘(2) EXEMPTIONS.—The Secretary may exempt 
any rail passenger carrier or any part of a rail pas-
senger carrier’s operations from the requirements 
under subsection (a) if the Secretary determines that 
the rail passenger carrier has implemented an alter-
native technology or practice that provides an equiva-
lent or greater safety benefit or is better suited to the 
risks of the operation. 
‘‘(g) TAMPERING.—A rail carrier may take appro-
priate enforcement or administrative action against any 
employee that tampers with or disables an audio or inward- 
or outward-facing image recording device installed by the 
rail carrier. 
‘‘(h) PRESERVATION OF DATA.—Each rail passenger 
carrier subject to the requirements of subsection (a) shall
774 
† HR 22 EAS 
preserve recording device data for 1 year after the date of 
a reportable accident or incident. 
‘‘(i) INFORMATION PROTECTIONS.—The Secretary may 
not disclose publicly any part of an in-cab audio or image 
recording or transcript of oral communications by or 
among train employees or other operating employees re-
sponsible for the movement and direction of the train, or 
between such operating employees and company commu-
nication centers, related to an accident investigated by the 
Secretary. However, the Secretary shall make public any 
part of a transcript or any written depiction of visual in-
formation that the Secretary decides is relevant to the acci-
dent at the time a majority of the other factual reports on 
the accident are released to the public. 
‘‘(j) PROHIBITED USE.—An in-cab audio or image re-
cording obtained by a rail carrier under this section may 
not be used to retaliate against an employee. 
‘‘(k) SAVINGS CLAUSE.—Nothing in this section may 
be construed as requiring a rail carrier to cease or restrict 
operations upon a technical failure of an inward- or out-
ward-facing image recording device. Such rail carrier shall 
repair or replace the failed inward- or outward-facing 
image recording device as soon as practicable.’’.
775 
† HR 22 EAS 
(b) CONFORMING AMENDMENT.—The table of contents 
for subchapter II of chapter 201 is amended by adding at 
the end the following: 
‘‘20168. Installation of audio and image recording devices.’’. 
SEC. 35437. RAIL PASSENGER TRANSPORTATION LIABILITY. 
(a) LIMITATIONS.—Section 28103(a) is amended— 
(1) 
in 
paragraph 
(2), 
by 
striking 
‘‘$200,000,000’’ and inserting ‘‘$295,000,000, except 
as provided in paragraph (3).’’; and 
(2) by adding at the end the following: 
‘‘(3) The liability cap under paragraph (2) shall 
be adjusted every 5 years by the Secretary of Trans-
portation to reflect changes in the Consumer Price 
Index-All Urban Consumers. 
‘‘(4) The Federal Government shall have no fi-
nancial responsibility for any claims described in 
paragraph (2).’’. 
(b) DEFINITION
OF RAIL PASSENGER TRANSPOR-
TATION.—Section 28103(e) is amended— 
(1) in the heading, by striking ‘‘DEFINITION.— 
’’ and inserting ‘‘DEFINITIONS.—’’; 
(2) in paragraph (2), by striking ‘‘; and’’ and 
inserting a semicolon; 
(3) in paragraph (3), by striking the period at 
the end and inserting ‘‘; and’’; and 
(4) by adding at the end the following:
776 
† HR 22 EAS 
‘‘(4) the term ‘rail passenger transportation’ in-
cludes commuter rail passenger transportation (as de-
fined in section 24102).’’. 
(c) PROHIBITION.—No Federal funds may be appro-
priated for the purpose of paying for the portion of an in-
surance premium attributable to the increase in allowable 
awards under the amendments made by subsection (a). 
(d) EFFECTIVE DATE.—The amendments made by 
subsection (a) shall be effective for any passenger rail acci-
dent or incident occurring on or after May 12, 2015. 
SEC. 35438. MODIFICATION REPORTING. 
(a) IN GENERAL.—Not later than 1 year after the date 
of enactment of this Act, the Secretary shall implement a 
reporting requirement to monitor industry-wide progress 
toward modifying tank cars used in high-hazard flammable 
train service by the applicable deadlines or authorization 
end dates set in regulation. 
(b) TANK CAR DATA.—The Secretary shall collect data 
from shippers and tank car owners on— 
(1) the total number of tank cars modified to 
meet the DOT–117R specification, or equivalent, 
specifying— 
(A) the type or specification of each tank 
car before it was modified, including non-jack-
eted DOT–111, jacketed DOT–111, non-jacketed
777 
† HR 22 EAS 
DOT–111 meeting the CPC–1232 standard, or 
jacketed DOT–111 meeting the CPC–1232 stand-
ard; and 
(B) the identification number of each Class 
3 flammable liquid carried by each tank car in 
the past year; 
(2) the total number of tank cars built to meet 
the DOT–117 specification, or equivalent; and 
(3) the total number of tank cars used or likely 
to be used in high-hazard flammable train service 
that have not been modified, specifying— 
(A) the type or specification of each tank 
car not modified, including the non-jacketed 
DOT–111, 
jacketed 
DOT–111, 
non-jacketed 
DOT–111 meeting the CPC–1232 standard, or 
jacketed DOT–111 meeting the CPC–1232 stand-
ard; and 
(B) the identification number of each Class 
3 flammable liquid carried by each tank car in 
the past year. 
(c) TANK CAR SHOP DATA.—The Secretary shall con-
duct a survey of tank car facilities modifying tank cars to 
the DOT–117R specification, or equivalent, or building new 
tank cars to the DOT–117 specification, or equivalent, to 
generate statistically-valid estimates of the expected number
778 
† HR 22 EAS 
of tank cars those facilities expect to modify to DOT–117R 
specification, or equivalent, or build to the DOT–117 speci-
fication, or equivalent. 
(d) FREQUENCY.—The Secretary shall collect the data 
under subsection (b) and conduct the survey under sub-
section (c) annually until May 1, 2025. 
(e) INFORMATION PROTECTIONS.— 
(1) IN GENERAL.—The Secretary shall only re-
port data in industry-wide totals and shall treat com-
pany-specific information as confidential business in-
formation. 
(2) LEVEL OF CONFIDENTIALITY.—The Secretary 
shall ensure the data collected under subsection (b) 
and the survey data under subsection (c) have the 
same level of confidentiality as contained in the Con-
fidential Information Protection and Statistical Effi-
ciency Act of 2002 (44 U.S.C. 3501 note), as adminis-
tered by the Bureau of Transportation Statistics. 
(3) DESIGNEE.—The Secretary may designate 
the Director of the Bureau of Transportation Statis-
tics to collect data under subsection (b) and the sur-
vey data under subsection (c) and direct the Director 
to ensure the confidentially of company-specific infor-
mation to the maximum extent permitted by law.
779 
† HR 22 EAS 
(f) REPORT.—Each year, not later than 60 days after 
the date that both the collection of the data under subsection 
(b) and the survey under subsection (c) are complete, the 
Secretary shall report on the aggregate results, without com-
pany-specific information, to— 
(1) the Committee on Commerce, Science, and 
Transportation of the Senate; and 
(2) the Committee on Transportation and Infra-
structure of the House of Representatives. 
(g) DEFINITIONS.—In this section: 
(1) CLASS
FLAMMABLE
LIQUID.—The term 
‘‘Class 3 flammable liquid’’ has the meaning given the 
term in section 173.120(a) of title 49, Code of Federal 
Regulations. 
(2) HIGH-HAZARD
FLAMMABLE
TRAIN.—The 
term ‘‘high-hazard flammable train’’ means a single 
train transporting 20 or more tank cars loaded with 
a Class 3 flammable liquid 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. 35439. REPORT ON CRUDE OIL CHARACTERISTICS RE-
SEARCH STUDY. 
Not later than 180 days after the research completion 
of the comprehensive Crude Oil Characteristics Research
780 
† HR 22 EAS 
Sampling, Analysis, and Experiment (SAE) Plan study at 
Sandia National Laboratories, the Secretary of Energy, in 
cooperation with the Secretary of Transportation, shall sub-
mit a report to the Committee on Commerce, Science, and 
Transportation of the Senate, the Committee on Energy and 
Natural Resources of the Senate, the Committee on Trans-
portation and Infrastructure of the House of Representa-
tives, and the Committee on Energy and Commerce of the 
House of Representatives that contains— 
(1) the results of the comprehensive Crude Oil 
Characteristics Research Sampling, Analysis, and 
Experiment (SAE) Plan study; and 
(2) recommendations, based on the findings of 
the study, for— 
(A) regulations that should be prescribed by 
the Secretary of Transportation or the Secretary 
of Energy to improve the safe transport of crude 
oil; and 
(B) statutes that should be enacted by Con-
gress to improve the safe transport of crude oil. 
PART IV—POSITIVE TRAIN CONTROL 
SEC. 35441. COORDINATION OF SPECTRUM. 
(a) ASSESSMENT.—The Secretary, in coordination 
with the Chairman of the Federal Communications Com-
mission, shall assess spectrum needs and availability for
781 
† HR 22 EAS 
implementing positive train control systems (as defined in 
section 20157(i)(3) of title 49, United States Code). The 
Secretary and the Chairman may consult with external 
stakeholders in carrying out this section. 
(b) REPORT.—Not later than 120 days after the date 
of enactment of this Act, the Secretary shall submit a report 
to the Committee on Commerce, Science, and Transpor-
tation of the Senate and the Committee on Transportation 
and Infrastructure of the House of Representatives that con-
tains the results of the assessment conducted under sub-
section (a). 
SEC. 35442. UPDATED PLANS. 
(a) IMPLEMENTATION.—Section 20157(a) is amended 
to read as follows: 
‘‘(a) IMPLEMENTATION.— 
‘‘(1) PLAN REQUIRED.—Each Class I railroad 
carrier and each entity providing regularly scheduled 
intercity or commuter rail passenger transportation 
shall develop and submit to the Secretary of Trans-
portation a plan for implementing a positive train 
control system by December 31, 2015, governing oper-
ations on— 
‘‘(A) its main line over which intercity rail 
passenger transportation or commuter rail pas-
782 
† HR 22 EAS 
senger transportation (as defined in section 
24102) is regularly provided; 
‘‘(B) its main line over which poison- or 
toxic-by-inhalation hazardous materials (as de-
fined in sections 171.8, 173.115, and 173.132 of 
title 49, Code of Federal Regulations) are trans-
ported; and 
‘‘(C) such other tracks as the Secretary may 
prescribe by regulation or order. 
‘‘(2) INTEROPERABILITY AND PRIORITIZATION.— 
The plan shall describe how the railroad carrier or 
other entity subject to paragraph (1) will provide for 
interoperability of the positive train control systems 
with movements of trains of other railroad carriers 
over its lines and shall, to the extent practical, imple-
ment the positive train control systems in a manner 
that addresses areas of greater risk before areas of 
lesser risk. 
‘‘(3) 
SECRETARIAL
REVIEW
OF
UPDATED 
PLANS.— 
‘‘(A) SUBMISSION
OF
UPDATED
PLANS.— 
Notwithstanding the deadline set forth in para-
graph (1), not later than 90 days after the date 
of enactment of the Railroad Reform, Enhance-
ment, and Efficiency Act, each Class I railroad
783 
† HR 22 EAS 
carrier or other entity subject to paragraph (1) 
may submit to the Secretary an updated plan 
that amends the plan submitted under para-
graph (1) with an updated implementation 
schedule (as described in paragraph (4)(B)) and 
milestones or metrics (as described in paragraph 
(4)(A)) that demonstrate that the railroad car-
rier or other entity will implement a positive 
train control system as soon as practicable, if 
implementing in accordance with the updated 
plan will not introduce operational challenges or 
risks to full, successful, and safe implementation. 
‘‘(B) REVIEW
OF
UPDATED
PLANS.—Not 
later than 150 days after receiving an updated 
plan under subparagraph (A), the Secretary 
shall review the updated plan and approve or 
disapprove it. In determining whether to ap-
prove or disapprove the updated plan, the Sec-
retary shall consider whether the railroad carrier 
or other entity submitting the plan— 
‘‘(i)(I) has encountered technical or 
programmatic challenges identified by the 
Secretary in the 2012 report transmitted to 
Congress pursuant to subsection (d); and
784 
† HR 22 EAS 
‘‘(II) the challenges referred to in sub-
clause (I) have negatively affected the suc-
cessful implementation of positive train 
control systems; 
‘‘(ii) has demonstrated due diligence in 
its effort to implement a positive train con-
trol system; 
‘‘(iii) has included in its plan mile-
stones or metrics that demonstrate the rail-
road carrier or other entity will implement 
a positive train control system as soon as 
practicable, if implementing in accordance 
with the milestones or metrics will not in-
troduce operational challenges or risks to 
full, successful, and safe implementation; 
and 
‘‘(iv) has set an implementation sched-
ule in its plan that shows the railroad will 
comply with paragraph (7), if imple-
menting in accordance with the implemen-
tation schedule will not introduce oper-
ational challenges or risks to full, successful, 
and safe implementation. 
‘‘(C) MODIFICATION OF UPDATED PLANS.— 
(i) If the Secretary has not approved an updated
785 
† HR 22 EAS 
plan under subparagraph (B) within 60 days of 
receiving the updated plan under subparagraph 
(A), the Secretary shall immediately— 
‘‘(I) provide a written response to the 
railroad carrier or other entity that identi-
fies the reason for not approving the up-
dated plan and explains any incomplete or 
deficient items; 
‘‘(II) allow the railroad carrier or 
other entity to submit, within 30 days of re-
ceiving the written response under subclause 
(I), a modified version of the updated plan 
for the Secretary’s review; and 
‘‘(III) approve or issue final dis-
approval for a modified version of the up-
dated plan submitted under subclause (II) 
not later than 60 days after receipt. 
‘‘(ii) During the 60-day period described in 
clause (i)(III), the railroad or other entity that 
has submitted a modified version of the updated 
plan under clause (i)(II) may make additional 
modifications, if requested by the Secretary, for 
the purposes of correcting incomplete or deficient 
items to receive approval.
786 
† HR 22 EAS 
‘‘(D) PUBLIC AVAILABILITY.—Not later than 
30 days after approving an updated plan under 
this paragraph, the Secretary shall make the up-
dated plan available on the website of the Fed-
eral Railroad Administration. 
‘‘(E) PENDING REVIEWS.—For an applicant 
that submits an updated plan under subpara-
graph (A), the Secretary shall extend the dead-
line for implementing a positive train control 
system at least until the date the Secretary ap-
proves or issues final disapproval for the up-
dated plan with an updated implementation 
schedule (as described in paragraph (4)(B)). 
‘‘(F) DISAPPROVAL.—A railroad carrier or 
other entity that has its modified version of its 
updated plan disapproved by the Secretary 
under subparagraph (C)(i)(III), and that has 
not implemented a positive train control system 
by the deadline in subsection (a)(1), is subject to 
enforcement action authorized under subsection 
(e). 
‘‘(4) CONTENTS OF UPDATED PLAN.— 
‘‘(A) MILESTONES OR METRICS.—Each up-
dated plan submitted under paragraph (3) shall 
describe the following milestones or metrics:
787 
† HR 22 EAS 
‘‘(i) The total number of components 
that will be installed with positive train 
control by the end of each calendar year 
until positive train control is fully imple-
mented, with totals separated by each com-
ponent category. 
‘‘(ii) The number of employees that 
will receive the training, as required under 
the applicable positive train control system 
regulations, by the end of each calendar 
year until positive train control is fully im-
plemented. 
‘‘(iii) The calendar year or years in 
which spectrum will be acquired and will be 
available for use in all areas that it is need-
ed for positive train control implementa-
tion, if such spectrum is not already ac-
quired and ready for use. 
‘‘(B) IMPLEMENTATION
SCHEDULE.—Each 
updated plan submitted under paragraph (3) 
shall include an implementation schedule that 
identifies the dates by which the railroad carrier 
or other entity will— 
‘‘(i) fully implement a positive train 
control system;
788 
† HR 22 EAS 
‘‘(ii) complete all component installa-
tion, consistent with the milestones or 
metrics described in subparagraph (A)(i); 
‘‘(iii) complete all employee training 
required under the applicable positive train 
control system regulations, consistent with 
the milestones or metrics described in sub-
paragraph (A)(ii); 
‘‘(iv) acquire all necessary spectrum, 
consistent with the milestones or metrics in 
subparagraph (A)(iii); and 
‘‘(v) activate its positive train control 
system. 
‘‘(C) ADDITIONAL INFORMATION.—Each up-
dated plan submitted under paragraph (3) shall 
include— 
‘‘(i) the total number of positive train 
control components required for implemen-
tation, with totals separated by each major 
component category; 
‘‘(ii) the total number of employees re-
quiring training under the applicable posi-
tive train control system regulations;
789 
† HR 22 EAS 
‘‘(iii) a summary of the remaining 
challenges to positive train control system 
implementation, including— 
‘‘(I) testing issues; 
‘‘(II) interoperability challenges; 
‘‘(III) permitting issues; and 
‘‘(IV) certification challenges. 
‘‘(D) DEFINED TERM.—In this paragraph, 
the term ‘component’ means a locomotive appa-
ratus, a wayside interface unit (including any 
associated legacy signal system replacements), 
back office system hardware, a base station 
radio, a wayside radio, or a locomotive radio. 
‘‘(5) PLAN IMPLEMENTATION.—The Class I rail-
road carrier or other entity subject to paragraph (1) 
shall implement a positive train control system in ac-
cordance with its plan, including any amendments 
made to the plan by its updated plan approved by the 
Secretary under paragraph (3), and subject to section 
35443 of the Railroad Reform, Enhancement, and Ef-
ficiency Act. 
‘‘(6) PROGRESS REPORT.—Each Class I railroad 
carrier or other entity with an approved updated 
plan shall submit an annual report to the Secretary
790 
† HR 22 EAS 
that describes the progress made on positive train 
control implementation, including— 
‘‘(A) the extent to which the railroad carrier 
or other entity met or exceeded the metrics or 
milestones described in paragraph (4)(A); 
‘‘(B) the extent to which the railroad carrier 
or other entity complied with its implementation 
schedule under paragraph (4)(B); and 
‘‘(C) any update to the information pro-
vided under paragraph (4)(C). 
‘‘(7) CONSTRAINT.—Each updated plan shall re-
flect that the railroad carrier or other entity subject 
to paragraph (1) will, not later than December 31, 
2018— 
‘‘(A) complete component installation and 
spectrum acquisition; and 
‘‘(B) activate its positive train control sys-
tem without undue delay.’’. 
(b) ENFORCEMENT.—Section 20157(e) is amended to 
read as follows: 
‘‘(e) ENFORCEMENT.—The Secretary is authorized to 
assess civil penalties pursuant to chapter 213 for the failure 
to submit or comply with a plan for implementing positive 
train control under subsection (a), including any amend-
ments to the plan made by an updated plan (including
791 
† HR 22 EAS 
milestones or metrics and an updated implementation 
schedule) approved by the Secretary under paragraph (3) 
of such subsection, subject to section 35443 of the Railroad 
Reform, Enhancement, and Efficiency Act.’’. 
(c) DEFINITIONS.—Section 20157(i) is amended— 
(1) by redesignating paragraphs (1) through (3) 
as paragraphs (2) through (4), respectively; and 
(2) by inserting before paragraph (2), as redesig-
nated, the following: 
‘‘(1) ACTIVATE.—The term ‘activate’ means to 
initiate the use of a positive train control system in 
every subdivision or district where the railroad car-
rier or other entity is prepared to do so safely, reli-
ably, and successfully, and proceed with revenue serv-
ice demonstration as necessary for system testing and 
certification, prior to full implementation.’’. 
(d) 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 AMENDMENTS.— 
Immediately after the date of the enactment of the
792 
† HR 22 EAS 
Railroad Reform, Enhancement, and Efficiency Act, 
the Secretary— 
‘‘(A) shall remove or revise any references to 
specified dates 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-specific 
deadlines or requirements that are inconsistent 
with the amendments made by such Act.’’. 
(e) SAVINGS PROVISIONS.— 
(1) RESUBMISSION OF INFORMATION.—Nothing 
in the amendments made by this section may be con-
strued to require a Class I railroad carrier or other 
entity subject to section 20157(a) of title 49, United 
States Code, to resubmit in its updated plan informa-
tion from its initial implementation plan that is not 
changed or affected by the updated plan. The Sec-
retary shall consider an updated plan submitted pur-
suant to paragraph (3) of that section to be an adden-
dum that makes amendments to the initial implemen-
tation plan. 
(2) SUBMISSION OF NEW PLAN.—Nothing in the 
amendments made by this section may be construed 
to require a Class I railroad carrier or other entity
793 
† HR 22 EAS 
subject to section 20157(a) of title 49, United States 
Code, to submit a new implementation plan pursuant 
to the deadline set forth in that section. 
(3) APPROVAL.—A railroad carrier or other enti-
ty subject to section 20157(a) of title 49, United 
States Code, that has its updated plan, including a 
modified version of the updated plan, approved by the 
Secretary under subparagraph (B) or subparagraph 
(C) of paragraph (3) of that section shall not be re-
quired to implement a positive train control system 
by the deadline under paragraph (1) of that section. 
SEC. 35443. EARLY ADOPTION AND INTEROPERABILITY. 
(a) EARLY ADOPTION.—During the 1-year period be-
ginning on the date on which the last railroad carrier’s or 
other entity’s positive train control system, subject to sec-
tion 20157(a) of title 49, United States Code, is certified 
by the Secretary under subsection (h) of such section and 
implemented on all of that railroad carrier’s or other enti-
ty’s lines required to have operations governed by a positive 
train control system, any railroad carrier or other entity 
shall not be subject to the operational restrictions set forth 
in subpart I of part 236 of title 49, Code of Federal Regula-
tions, that would otherwise apply in the event of a positive 
train control system component failure.
794 
† HR 22 EAS 
(b) INTEROPERABILITY
PROCEDURE.—If multiple 
railroad carriers operate on a single railroad line through 
a trackage or haulage agreement, each railroad carrier op-
erating on the railroad line shall not be subject to the oper-
ating restrictions set forth in subpart I of part 236 of title 
49, Code of Federal Regulations, with respect to the railroad 
line, until the Secretary certifies that— 
(1) each Class I railroad carrier and each entity 
providing regularly scheduled intercity or commuter 
rail passenger transportation that operates on the 
railroad line is in compliance with its positive train 
control requirements under section 20157(a) of title 
49, United States Code; 
(2) each Class II or Class III railroad that oper-
ates on the railroad line is in compliance with the 
applicable regulatory requirements to equip loco-
motives operating in positive train control territory; 
and 
(3) the implementation of any and all positive 
train control systems are interoperable and oper-
ational on the railroad line in conformance with each 
approved implementation plan so that each freight 
and passenger railroad can operate on the line with 
that freight or passenger railroad’s positive train con-
trol equipment.
795 
† HR 22 EAS 
(c) 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 locomotives for 
applicable Class II and Class III railroads operating in 
positive train control territory) to extend each deadline by 
3 years. 
(d) ENFORCEMENT.— 
(1) IN
GENERAL.—Subject to paragraph (2), 
nothing in subsection (a) may be construed to pro-
hibit the Secretary from enforcing the metrics and 
milestones under section 20157(a)(4)(A) of title 49, 
United States Code, as amended by section 35442 of 
this Act. 
(2) ACTIVATION.—Beginning on the date in 
which a railroad carrier or other entity subject to sec-
tion 20157(a) of title 49, United States Code, as 
amended by section 35442 of this Act, has activated 
its positive train control system, the railroad carrier 
or other entity shall not be in violation of its plan, 
including its updated plan, approved under this Act 
if implementing such plan introduces operational 
challenges or risks to full, successful, and safe imple-
mentation.
796 
† HR 22 EAS 
SEC. 35444. POSITIVE TRAIN CONTROL AT GRADE CROSS-
INGS EFFECTIVENESS STUDY. 
(a) STUDY.—After the Secretary certifies that each 
Class I railroad carrier and each entity providing regularly 
scheduled intercity or commuter rail passenger transpor-
tation is in compliance with the positive train control re-
quirements under section 20157(a) of title 49, United States 
Code, the Secretary shall enter into an agreement with the 
National Cooperative Rail Research Program Board— 
(1) to conduct a study of the possible effectiveness 
of positive train control and related technologies on 
reducing collisions at highway-rail grade crossings; 
and 
(2) to submit a report containing the results of 
the study conducted under paragraph (1) to the Com-
mittee on Commerce, Science, and Transportation of 
the Senate and the Committee on Transportation and 
Infrastructure of the House of Representatives. 
(b) FUNDING.—The Secretary may require, as part of 
the agreement under subsection (a), that the National Coop-
erative Rail Research Program Board fund the study re-
quired under this section using such sums as may be nec-
essary out of the amounts made available under section 
24910 of title 49, United States Code.
797 
† HR 22 EAS 
Subtitle E—Project Delivery 
SEC. 35501. SHORT TITLE. 
This subtitle may be cited as the ‘‘Track, Railroad, 
and Infrastructure Network Act’’. 
SEC. 35502. PRESERVATION OF PUBLIC LANDS. 
(a) HIGHWAYS.—Section 138 of title 23, United States 
Code, is amended— 
(1) in subsection (b)(2)(A)(i), by inserting ‘‘, 
taking into consideration any avoidance, minimiza-
tion, and mitigation or enhancement measures incor-
porated into the program or project’’ after ‘‘historic 
site’’; and 
(2) by adding at the end the following: 
‘‘(c) RAIL AND TRANSIT.—Improvements to, or the 
maintenance, rehabilitation, or operation of, railroad or 
rail transit lines or elements of such lines, with the excep-
tion of stations, that are in use or were historically used 
for the transportation of goods or passengers, shall not be 
considered a use of an historic site under subsection (a), 
regardless of whether the railroad or rail transit line or ele-
ment of such line is listed on, or eligible for listing on, the 
National Register of Historic Places.’’. 
(b) TRANSPORTATION
PROJECTS.—Section 303 is 
amended—
798 
† HR 22 EAS 
(1) in subsection (c), by striking ‘‘subsection (d)’’ 
and inserting ‘‘subsections (d) and (e)’’; 
(2) in subsection (d)(2)(A)(i), by inserting ‘‘, 
taking into consideration any avoidance, minimiza-
tion, and mitigation or enhancement measures incor-
porated into the program or project’’ after ‘‘historic 
site’’; and 
(3) by adding at the end the following: 
‘‘(e) RAIL AND TRANSIT.—Improvements to, or the 
maintenance, rehabilitation, or operation of, railroad or 
rail transit lines or elements of such lines, with the excep-
tion of stations, that are in use or were historically used 
for the transportation of goods or passengers, shall not be 
considered a use of an historic site under subsection (c), 
regardless of whether the railroad or rail transit line or ele-
ment of such line is listed on, or eligible for listing on, the 
National Register of Historic Places.’’. 
SEC. 35503. EFFICIENT ENVIRONMENTAL REVIEWS. 
(a) IN GENERAL.—Section 304 is amended— 
(1) 
in 
the 
heading, 
by 
striking 
‘‘for 
multimodal projects’’ and inserting ‘‘and in-
creasing the efficiency of environmental 
reviews’’; and 
(2) by adding at the end the following: 
‘‘(e) EFFICIENT ENVIRONMENTAL REVIEWS.—
799 
† HR 22 EAS 
‘‘(1) IN GENERAL.—The Secretary of Transpor-
tation shall apply the project development procedures, 
to the greatest extent feasible, described in section 139 
of title 23, United States Code, to any rail project 
that requires the approval of the Secretary of Trans-
portation under the National Environmental Policy 
Act of 1969 (42 U.S.C. 4321 et seq.). 
‘‘(2) REGULATIONS AND PROCEDURES.—The Sec-
retary of Transportation shall incorporate such 
project development procedures into the agency regu-
lations and procedures pertaining to rail projects. 
‘‘(f) APPLICABILITY OF NEPA DECISIONS.— 
‘‘(1) IN GENERAL.—A Department of Transpor-
tation operating administration may apply a cat-
egorical exclusion designated by another Department 
of Transportation operating administration under the 
National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.). 
‘‘(2) FINDINGS.—A Department of Transpor-
tation operating administration may adopt, in whole 
or in part, another Department of Transportation op-
erating administration’s Record of Decision, Finding 
of No Significant Impact, and any associated evalua-
tions, determinations, or findings demonstrating com-
800 
† HR 22 EAS 
pliance with any law related to environmental review 
or historic preservation.’’. 
SEC. 35504. ADVANCE ACQUISITION. 
(a) IN GENERAL.—Chapter 241 is amended by insert-
ing after section 24105 the following— 
‘‘§ 24106. Advance acquisition 
‘‘(a) RAIL CORRIDOR PRESERVATION.—The Secretary 
may assist a recipient of funding in acquiring right-of-way 
and adjacent real property interests before or during the 
completion of the environmental reviews for any project re-
ceiving funding under subtitle V of title 49, United States 
Code, that may use such property interests if the acquisition 
is otherwise permitted under Federal law, and the recipient 
requesting Federal funding for the acquisition certifies, with 
the concurrence of the Secretary, that— 
‘‘(1) the recipient has authority to acquire the 
right-of-way or adjacent real property interest; and 
‘‘(2) the acquisition of the right-of-way or adja-
cent real property interest— 
‘‘(A) is for a transportation or transpor-
tation-related purpose; 
‘‘(B) will not cause significant adverse envi-
ronmental impact; 
‘‘(C) will not limit the choice of reasonable 
alternatives for the proposed project or otherwise
801 
† HR 22 EAS 
influence the decision of the Secretary on any 
approval required for the proposed project; 
‘‘(D) does not prevent the lead agency for 
the review process from making an impartial de-
cision as to whether to accept an alternative that 
is being considered; 
‘‘(E) complies with other applicable Federal 
law, including regulations; 
‘‘(F) will be acquired through negotiation 
and without the threat of condemnation; and 
‘‘(G) will not result in the elimination or 
reduction of benefits or assistance to a displaced 
person under the Uniform Relocation Assistance 
and Real Property Acquisition Policies Act of 
1970 (42 U.S.C. 4601 et seq.) and title VI of the 
Civil Rights Act of 1964 (42 U.S.C. 2000d et 
seq.). 
‘‘(b) ENVIRONMENTAL REVIEWS.— 
‘‘(1) COMPLETION OF NEPA REVIEW.—Before au-
thorizing any Federal funding for the acquisition of 
a real property interest that is the subject of a grant 
or other funding under this subtitle, the Secretary 
shall complete, if required, the review process under 
the National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.) with respect to the acquisition.
802 
† HR 22 EAS 
‘‘(2) COMPLETION OF SECTION 106.—An acquisi-
tion of a real property interest involving an historic 
site shall not occur unless the section 106 process, if 
required, under the National Historic Preservation 
Act (54 U.S.C. 306108) is complete. 
‘‘(3) TIMING OF ACQUISITIONS.—A real property 
interest acquired under subsection (a) may not be de-
veloped in anticipation of the proposed project until 
all required environmental reviews for the project 
have been completed.’’. 
(b) CONFORMING AMENDMENT.—The table of contents 
of chapter 241 is amended by inserting after the item relat-
ing to section 24105 the following: 
‘‘24106. Advance acquisition.’’. 
SEC. 35505. RAILROAD RIGHTS-OF-WAY. 
Section 306108 of title 54, United States Code, is 
amended— 
(1) by inserting ‘‘(b) OPPORTUNITY TO COM-
MENT.—’’ before ‘‘The head of the Federal agency 
shall afford’’ and indenting accordingly; 
(2) in the matter before subsection (b), by insert-
ing ‘‘(a) IN GENERAL.—’’ before ‘‘The head of any 
Federal agency having direct’’ and indenting accord-
ingly; and 
(3) by adding at the end the following: 
‘‘(c) EXEMPTION FOR RAILROAD RIGHTS-OF-WAY.—
803 
† HR 22 EAS 
‘‘(1) IN GENERAL.—Not later than 1 year after 
the date of enactment of the Track, Railroad, and In-
frastructure Network Act, the Secretary of Transpor-
tation shall submit a proposed exemption of railroad 
rights-of-way from the review under this chapter to 
the Council for its consideration, consistent with the 
exemption for interstate highways approved on March 
10, 2005 (70 Fed. Reg. 11,928). 
‘‘(2) FINAL
EXEMPTION.—Not later than 180 
days after the date that the Secretary submits the pro-
posed exemption under paragraph (1) to the Council, 
the Council shall issue a final exemption of railroad 
rights-of-way from review under this chapter, con-
sistent with the exemption for interstate highways ap-
proved on March 10, 2005 (70 Fed. Reg. 11,928).’’. 
SEC. 35506. SAVINGS CLAUSE. 
Nothing in this title, or any amendment made by this 
title, shall be construed as superceding, amending, or modi-
fying the National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.) or affect the responsibility of any Fed-
eral officer to comply with or enforce any such statute. 
SEC. 35507. TRANSITION. 
Nothing in this title, or any amendment made by this 
title, shall affect any existing environmental review process, 
program, agreement, or funding arrangement approved by
804 
† HR 22 EAS 
the Secretary under title 49, United States Code, as that 
title was in effect on the day preceding the date of enact-
ment of this subtitle. 
Subtitle F—Financing 
SEC. 35601. SHORT TITLE; REFERENCES. 
(a) SHORT TITLE.—This subtitle may be cited as the 
‘‘Railroad Infrastructure Financing Improvement Act’’. 
(b) REFERENCES TO THE RAILROAD REVITALIZATION 
AND REGULATORY REFORM ACT OF 1976.—Except as oth-
erwise expressly provided, wherever in this subtitle an 
amendment or repeal is expressed in terms of an amend-
ment to, or repeal of, a section or other provision, the ref-
erence shall be considered to be made to a section or other 
provision of the Railroad Revitalization and Regulatory 
Reform Act of 1976, as amended (45 U.S.C. 801 et seq.). 
SEC. 35602. DEFINITIONS. 
Section 501 (45 U.S.C. 821) is amended— 
(1) by redesignating paragraph (8) as para-
graph (10); 
(2) by redesignating paragraphs (6) and (7) as 
paragraphs (7) and (8), respectively; 
(3) by inserting after paragraph (5) the fol-
lowing:
805 
† HR 22 EAS 
‘‘(6) The term ‘investment-grade rating’ means a 
rating of BBB minus, Baa 3, bbb minus, BBB(low), 
or higher assigned by a rating agency.’’; 
(4) by inserting after paragraph (8), as redesig-
nated, the following: 
‘‘(9) The term ‘master credit agreement’ means 
an agreement to make 1 or more direct loans or loan 
guarantees at future dates for a program of related 
projects on terms acceptable to the Secretary.’’; and 
(5) by adding at the end the following: 
‘‘(11) The term ‘project obligation’ means a note, 
bond, debenture, or other debt obligation issued by a 
borrower in connection with the financing of a 
project, other than a direct loan or loan guarantee 
under this title. 
‘‘(12) The term ‘railroad’ has the meaning given 
the term ‘railroad carrier’ in section 20102 of title 49, 
United States Code. 
‘‘(13) The term ‘rating agency’ means a credit 
rating agency registered with the Securities and Ex-
change Commission as a nationally recognized statis-
tical rating organization (as defined in section 3(a) 
of the Securities Exchange Act of 1934 (15 U.S.C. 
78c(a))). 
‘‘(14) The term ‘substantial completion’ means—
806 
† HR 22 EAS 
‘‘(A) the opening of a project to passenger 
or freight traffic; or 
‘‘(B) a comparable event, as determined by 
the Secretary and specified in the direct loan.’’. 
SEC. 35603. ELIGIBLE APPLICANTS. 
Section 502(a) (45 U.S.C. 822(a)) is amended— 
(1) in paragraph (5), by striking ‘‘one railroad; 
and’’ and inserting ‘‘1 of the entities described in 
paragraph (1), (2), (3), (4), or (6);’’; and 
(2) by amending paragraph (6) to read as fol-
lows: 
‘‘(6) solely for the purpose of constructing a rail 
connection between a plant or facility and a rail car-
rier, limited option freight shippers that own or oper-
ate a plant or other facility; and’’. 
SEC. 35604. ELIGIBLE PURPOSES. 
Section 502(b)(1) (45 U.S.C. 822(b)(1)) is amended— 
(1) in subparagraph (A), by inserting ‘‘, and 
costs related to these activities, including pre-con-
struction costs’’ after ‘‘shops’’; 
(2) in subparagraph (B), by striking ‘‘subpara-
graph (A); or’’ and inserting ‘‘subparagraph (A) or 
(C);’’; 
(3) in subparagraph (C), by striking the period 
at the end and inserting a semicolon; and
808 
† HR 22 EAS 
‘‘(A) IN GENERAL.—Not later than 60 days 
after the date the Secretary notifies an applicant 
that an application is complete under paragraph 
(1), the Secretary shall provide the applicant 
written notice as to whether the Secretary has 
approved or disapproved the application. 
‘‘(B) ACTIONS BY THE OFFICE OF MANAGE-
MENT AND BUDGET.—In order to enable compli-
ance with the time limit under subparagraph 
(A), the Office of Management and Budget shall 
take any action required with respect to the ap-
plication within that 60-day period. 
‘‘(4) EXPEDITED
PROCESSING.—The Secretary 
shall implement procedures and measures to econo-
mize the time and cost involved in obtaining an ap-
proval or a disapproval of credit assistance under 
this title. 
‘‘(5) DASHBOARD.—The Secretary shall post on 
the Department of Transportation’s public Web site a 
monthly report that includes for each application— 
‘‘(A) the name of the applicant or appli-
cants; 
‘‘(B) the location of the project; 
‘‘(C) a brief description of the project, in-
cluding its purpose;
809 
† HR 22 EAS 
‘‘(D) the requested direct loan or loan guar-
antee amount; 
‘‘(E) the date on which the Secretary pro-
vided application status notice under paragraph 
(1); and 
‘‘(F) the date that the Secretary provided 
notice of approval or disapproval under para-
graph (3).’’. 
(b) ADMINISTRATION OF DIRECT LOANS AND LOAN 
GUARANTEES.—Section 503 (45 U.S.C. 823) is amended— 
(1) in subsection (a), by striking the period at 
the end and inserting ‘‘, including a program guide 
and standard term sheet and specific timetables.’’; 
(2) by redesignating subsections (c) through (l) 
as subsections (d) through (m), respectively; 
(3) by striking ‘‘(b) ASSIGNMENT
OF LOAN 
GUARANTEES.—’’ and inserting ‘‘(c) ASSIGNMENT OF 
LOAN GUARANTEES.—’’; 
(4) in subsection (d), as redesignated— 
(A) in paragraph (1), by striking ‘‘; and’’ 
and inserting a semicolon; 
(B) in paragraph (2), by striking the period 
at the end and inserting ‘‘; and’’; and 
(C) by adding at the end the following:
810 
† HR 22 EAS 
‘‘(3) the modification cost has been covered under 
section 502(f).’’; and 
(5) by amending subsection (l), as redesignated, 
to read as follows: 
‘‘(l) CHARGES AND LOAN SERVICING.— 
‘‘(1) PURPOSES.—The Secretary may collect and 
spend from each applicant, obligor, or loan party a 
reasonable charge for— 
‘‘(A) the cost of evaluating the application, 
amendments, modifications, and waivers, includ-
ing for evaluating project viability, applicant 
creditworthiness, and the appraisal of the value 
of the equipment or facilities for which the direct 
loan or loan guarantee is sought, and for making 
necessary determinations and findings; 
‘‘(B) the cost of award management and 
project management oversight; 
‘‘(C) the cost of services from expert firms, 
including counsel, and independent financial ad-
visors to assist in the underwriting, auditing, 
servicing, and exercise of rights with respect to 
direct loans and loan guarantees; and 
‘‘(D) the cost of all other expenses incurred 
as a result of a breach of any term or condition
811 
† HR 22 EAS 
or any event of default on a direct loan or loan 
guarantee. 
‘‘(2) STANDARDS.—The Secretary may charge 
different amounts under this subsection based on the 
different costs incurred under paragraph (1). 
‘‘(3) SERVICER.— 
‘‘(A) IN GENERAL.—The Secretary may ap-
point a financial entity to assist the Secretary 
in servicing a direct loan or loan guarantee 
under this section. 
‘‘(B) DUTIES.—A servicer appointed under 
subparagraph (A) shall act as the agent of the 
Secretary in serving a direct loan or loan guar-
antee under this section. 
‘‘(C) FEES.—A servicer appointed under 
subparagraph (A) shall receive a servicing fee 
from the obligor or other loan party, subject to 
approval by the Secretary. 
‘‘(4) SAFETY
AND
OPERATIONS
ACCOUNT.— 
Amounts collected under this subsection shall— 
‘‘(A) be credited directly to the Safety and 
Operations account of the Federal Railroad Ad-
ministration; and 
‘‘(B) remain available until expended to 
pay for the costs described in this subsection.’’.
812 
† HR 22 EAS 
SEC. 35606. LOAN TERMS AND REPAYMENT. 
(a) 
PREREQUISITES
FOR
ASSISTANCE.—Section 
502(g)(1) (45 U.S.C. 822(g)(1)) is amended by striking ‘‘35 
years from the date of its execution’’ and inserting ‘‘the less-
er of 35 years after the date of substantial completion of 
the project or the estimated useful life of the rail equipment 
or facilities to be acquired, rehabilitated, improved, devel-
oped, or established’’. 
(b) REPAYMENT SCHEDULES.—Section 502(j) (45 
U.S.C. 822(j)) is amended— 
(1) in paragraph (1), by striking ‘‘the sixth an-
niversary date of the original loan disbursement’’ and 
inserting ‘‘5 years after the date of substantial com-
pletion’’; and 
(2) by adding at the end the following: 
‘‘(3) DEFERRED PAYMENTS.— 
‘‘(A) IN GENERAL.—If at any time after the 
date of substantial completion the project is un-
able to generate sufficient revenues to pay the 
scheduled loan repayments of principal and in-
terest on the direct loan, the Secretary, subject to 
subparagraph (B), may allow, for a maximum 
aggregate time of 1 year over the duration of the 
direct loan, the obligor to add unpaid principal 
and interest to the outstanding balance of the di-
rect loan.
813 
† HR 22 EAS 
‘‘(B) 
INTEREST.—A 
payment 
deferred 
under subparagraph (A) shall— 
‘‘(i) continue to accrue interest under 
paragraph (2) until the loan is fully repaid; 
and 
‘‘(ii) be scheduled to be amortized over 
the remaining term of the loan. 
‘‘(4) PREPAYMENTS.— 
‘‘(A) USE OF EXCESS REVENUES.—Any ex-
cess revenues that remain after satisfying sched-
uled debt service requirements on the project obli-
gations and direct loan and all deposit require-
ments under the terms of any trust agreement, 
bond resolution, or similar agreement securing 
project obligations may be applied annually to 
prepay the direct loan without penalty. 
‘‘(B) 
USE
OF
PROCEEDS
OF
REFI-
NANCING.—The direct loan may be prepaid at 
any time without penalty from the proceeds of 
refinancing from non-Federal funding sources.’’. 
(c) SALE OF DIRECT LOANS.—Section 502 (45 U.S.C. 
822) is amended by adding at the end the following: 
‘‘(k) SALE OF DIRECT LOANS.— 
‘‘(1) IN
GENERAL.—Subject to paragraph (2) 
and as soon as practicable after substantial comple-
814 
† HR 22 EAS 
tion of a project, the Secretary, after notifying the ob-
ligor, may sell to another entity or reoffer into the 
capital markets a direct loan for the project if the 
Secretary determines that the sale or reoffering has a 
high probability of being made on favorable terms. 
‘‘(2) CONSENT OF OBLIGOR.—In making a sale 
or reoffering under paragraph (1), the Secretary may 
not change the original terms and conditions of the 
secured loan without the prior written consent of the 
obligor’’. 
(d) NONSUBORDINATION.—Section 502 (45 U.S.C. 
822), as amended in subsection (c), is further amended by 
adding at the end the following: 
‘‘(l) NONSUBORDINATION.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2)(B), a direct loan shall not be subordinated 
to the claims of any holder of project obligations in 
the event of bankruptcy, insolvency, or liquidation of 
the obligor. 
‘‘(2) PREEXISTING INDENTURES.— 
‘‘(A) IN
GENERAL.—The Secretary may 
waive the requirement under paragraph (1) for 
a public agency borrower that is financing ongo-
ing capital programs and has outstanding senior 
bonds under a preexisting indenture if—
815 
† HR 22 EAS 
‘‘(i) the direct loan is rated in the A 
category or higher; 
‘‘(ii) the direct loan is secured and 
payable from pledged revenues not affected 
by project performance, such as a tax-based 
revenue pledge or a system-backed pledge of 
project revenues; and 
‘‘(iii) the program share, under this 
title, of eligible project costs is 50 percent or 
less. 
‘‘(B) LIMITATION.—The Secretary may im-
pose limitations for the waiver of the non-
subordination requirement under this paragraph 
if the Secretary determines that such limitations 
would be in the financial interest of the Federal 
Government.’’. 
SEC. 35607. CREDIT RISK PREMIUMS. 
Section 502(f) (45 U.S.C. 822(f)) is amended— 
(1) in paragraph (1), by amending the first sen-
tence to read as follows: ‘‘In lieu of or in combination 
with appropriations of budget authority to cover the 
costs of direct loans and loan guarantees as required 
under section 504(b)(1) of the Federal Credit Reform 
Act of 1990 (2 U.S.C. 661c(b)(1)), including the cost 
of a modification thereof, the Secretary may accept on
816 
† HR 22 EAS 
behalf of an applicant for assistance under this sec-
tion a commitment from a non-Federal source, in-
cluding a State or local government or agency or pub-
lic benefit corporation or public authority thereof, to 
fund in whole or in part credit risk premiums and 
modification costs with respect to the loan that is the 
subject of the application or modification.’’; 
(2) in paragraph (2)— 
(A) in subparagraph (D), by adding ‘‘and’’ 
after the semicolon; 
(B) by striking subparagraph (E); and 
(C) by redesignating subparagraph (F) as 
subparagraph (E); 
(3) by striking paragraph (4); 
(4) by redesignating paragraph (3) as para-
graph (4); 
(5) by inserting after paragraph (2) the fol-
lowing: 
‘‘(3) CREDITWORTHINESS.—An applicant may 
propose and the Secretary may accept as a basis for 
determining the amount of the credit risk premium 
under paragraph (2) any of the following in addition 
to the value of any tangible asset: 
‘‘(A) The net present value of a future 
stream of State or local subsidy income or other
817 
† HR 22 EAS 
dedicated revenues to secure the direct loan or 
loan guarantee. 
‘‘(B) Adequate coverage requirements to en-
sure repayment, on a non-recourse basis, from 
cash flows generated by the project or any other 
dedicated revenue source, including— 
‘‘(i) tolls; 
‘‘(ii) user fees; or 
‘‘(iii) payments owing to the obligor 
under a public-private partnership. 
‘‘(C) An investment-grade rating on the di-
rect loan or loan guarantee, as applicable, except 
that if the total amount of the direct loan or loan 
guarantee is greater than $75,000,000, the appli-
cant shall have an investment-grade rating from 
at least 2 rating agencies on the direct loan or 
loan guarantee.’’; and 
(6) in paragraph (4), as redesignated, by strik-
ing ‘‘amounts’’ and inserting ‘‘amounts (and in the 
case of a modification, before the modification is exe-
cuted), to the extent appropriations are not available 
to the Secretary to meet the costs of direct loans and 
loan guarantees, including costs of modifications 
thereof’’.
818 
† HR 22 EAS 
SEC. 35608. MASTER CREDIT AGREEMENTS. 
Section 502 (45 U.S.C. 822), as amended by sub-
sections (c) and (d) of section 35606 of this Act, is further 
amended by adding at the end the following: 
‘‘(m) MASTER CREDIT AGREEMENTS.— 
‘‘(1) IN
GENERAL.—Subject to section 502(d) 
and paragraph (2) of this subsection, the Secretary 
may enter into a master credit agreement that is con-
tingent on all of the conditions for the provision of a 
direct loan or loan guarantee, as applicable, under 
this title and other applicable requirements being sat-
isfied prior to the issuance of the direct loan or loan 
guarantee. 
‘‘(2) CONDITIONS.—Each master credit agree-
ment shall— 
‘‘(A) establish the maximum amount and 
general terms and conditions of each applicable 
direct loan or loan guarantee; 
‘‘(B) identify 1 or more dedicated non-Fed-
eral revenue sources that will secure the repay-
ment of each applicable direct loan or loan guar-
antee; 
‘‘(C) provide for the obligation of funds for 
the direct loans or loan guarantees contingent on 
and after all requirements have been met for the
819 
† HR 22 EAS 
projects subject to the master credit agreement; 
and 
‘‘(D) provide 1 or more dates, as determined 
by the Secretary, before which the master credit 
agreement results in each of the direct loans or 
loan guarantees or in the release of the master 
credit agreement.’’. 
SEC. 35609. PRIORITIES AND CONDITIONS. 
(a) PRIORITY PROJECTS.—Section 502(c) (45 U.S.C. 
822(c)) is amended— 
(1) in paragraph (1), by inserting ‘‘, including 
projects for the installation of a positive train control 
system (as defined in section 20157(i) of title 49, 
United States Code)’’ after ‘‘public safety’’; 
(2) by redesignating paragraphs (2) and (3) as 
paragraphs (3) and (2), respectively; 
(3) in paragraph (5), by inserting ‘‘or chapter 
227 of title 49’’ after ‘‘section 135 of title 23’’; 
(4) by redesignating paragraphs (6) through (8) 
as paragraphs (7) through (9), respectively; and 
(5) by inserting after paragraph (5) the fol-
lowing: 
‘‘(6) improve railroad stations and passenger fa-
cilities and increase transit-oriented development;’’.
820 
† HR 22 EAS 
(b) CONDITIONS OF ASSISTANCE.—Section 502(h) (45 
U.S.C. 822(h)) is amended in paragraph (2), by inserting 
‘‘, if applicable’’ after ‘‘project’’. 
SEC. 35610. SAVINGS PROVISION. 
(a) IN GENERAL.—Except as provided in subsection 
(b), this subtitle, and the amendments made by this subtitle, 
shall not affect any direct loan (or direct loan obligation) 
or an outstanding loan guarantee (or loan guarantee com-
mitment) that was in effect prior to the date of enactment 
of this Act. Any such transaction entered into before the 
date of enactment of this Act shall be administered until 
completion under its terms as if this Act were not enacted. 
(b) MODIFICATION COSTS.—At the discretion of the 
Secretary, the authority to accept modification costs on be-
half of an applicant under section 502(f) of the Railroad 
Revitalization and Regulatory Reform Act of 1976 (45 
U.S.C. 822(f)), as amended by section 35607 of this Act, 
may apply with respect to any direct loan (or direct loan 
obligation) or an outstanding loan guarantee (or loan guar-
antee commitment) that was in effect prior to the date of 
enactment of this Act.
821 
† HR 22 EAS 
DIVISION D—FREIGHT AND 
MAJOR PROJECTS 
TITLE XLI—FREIGHT POLICY 
SEC. 41001. ESTABLISHMENT OF FREIGHT CHAPTER. 
(a) FREIGHT.—Subtitle III of title 49, United States 
Code, is amended by inserting after chapter 53 the fol-
lowing: 
‘‘CHAPTER 54—FREIGHT 
‘‘5401. Definitions. 
‘‘5402. National multimodal freight policy. 
‘‘5403. National multimodal freight network. 
‘‘5404. National freight strategic plan. 
‘‘5405. State freight advisory committees. 
‘‘5406. State freight plans. 
‘‘5407. Transportation investment planning and data tools. 
‘‘5408. Savings provision. 
‘‘5409. Assistance for freight projects. 
‘‘§ 5401. Definitions 
‘‘In this chapter: 
‘‘(1) ECONOMIC
COMPETITIVENESS.—The term 
‘economic competitiveness’ means the ability of the 
economy to efficiently move freight and people, 
produce goods, and deliver services, including— 
‘‘(A) reductions in the travel time of freight; 
‘‘(B) reductions in the congestion caused by 
the movement of freight; 
‘‘(C) improvements to freight travel time re-
liability; and
822 
† HR 22 EAS 
‘‘(D) reductions in freight transportation 
costs due to congestion and insufficient infra-
structure. 
‘‘(2) FREIGHT.—The term ‘freight’ means the 
commercial transportation of cargo, including agri-
cultural, manufactured, retail, or other goods by ves-
sel, vehicle, pipeline, or rail. 
‘‘(3) FREIGHT
TRANSPORTATION
MODES.—The 
term ‘freight transportation modes’ means— 
‘‘(A) the infrastructure supporting any 
mode of transportation that moves freight, in-
cluding highways, ports, waterways, rail facili-
ties, and pipelines; and 
‘‘(B) any vehicles or equipment trans-
porting goods on such infrastructure. 
‘‘(4) NATIONAL HIGHWAY FREIGHT NETWORK.— 
The term ‘national highway freight network’ means 
the network established under section 167 of title 23. 
‘‘(5) NATIONAL
MULTIMODAL
FREIGHT
NET-
WORK.—The term ‘national multimodal freight net-
work’ means the network established under section 
5403. 
‘‘(6) NATIONAL
MULTIMODAL
FREIGHT
STRA-
TEGIC PLAN.—The term ‘national multimodal freight
823 
† HR 22 EAS 
strategic plan’ means the strategic plan developed 
under section 5404. 
‘‘(7) SECRETARY.—The term ‘Secretary’ means 
the Secretary of Transportation. 
‘‘(8) STATE.—The term ‘State’ means a State of 
the United States, the District of Columbia, the Com-
monwealth of Puerto Rico, the Commonwealth of the 
Northern Mariana Islands, Guam, American Samoa, 
and the United States Virgin Islands.’’. 
(b) TECHNICAL AND CONFORMING AMENDMENT.—The 
table of chapters for subtitle III of title 49, United States 
Code, is amended by inserting after the item relating to 
chapter 53 the following: 
‘‘54. Freight .....................................................................................................
5401’’. 
SEC. 41002. NATIONAL MULTIMODAL FREIGHT POLICY. 
Chapter 54 of subtitle III of title 49, United States 
Code, as added by section 41001, is amended by adding 
after section 5401 the following: 
‘‘§ 5402. National multimodal freight policy 
‘‘(a) POLICY.—It is the policy of the United States— 
‘‘(1) to support investment to maintain and im-
prove the condition and performance of the national 
multimodal freight network; 
‘‘(2) to ensure that the United States maximizes 
its competitiveness in the global economy by increas-
824 
† HR 22 EAS 
ing the overall productivity and connectivity of the 
national freight system; and 
‘‘(3) to pursue the goals described in subsection 
(b). 
‘‘(b) GOALS.—The national multimodal freight policy 
has the following goals: 
‘‘(1) To enhance the economic competitiveness of 
the United States by investing in infrastructure im-
provements and implementing operational improve-
ments on the freight network of the United States that 
achieve 1 or more of the following: 
‘‘(A) Strengthen the contribution of the na-
tional freight network to the economic competi-
tiveness of the United States. 
‘‘(B) Reduce congestion and relieve bottle-
necks in the freight transportation system. 
‘‘(C) Reduce the cost of freight transpor-
tation. 
‘‘(D) Improve the reliability of freight 
transportation. 
‘‘(E) Increase productivity, particularly for 
domestic industries and businesses that create 
jobs.
827 
† HR 22 EAS 
‘‘(8) explore opportunities within existing legal 
authorities to reduce project delays by issuing categor-
ical exclusions or allowing self-certifications of right- 
of-way acquisitions for freight projects; and 
‘‘(9) submit a report to the Committee on Com-
merce, Science, and Transportation and the Com-
mittee on Environment and Public Works of the Sen-
ate and the Committee on Transportation and Infra-
structure of the House of Representatives that identi-
fies required reports, statutory requirements, and 
other limitations on efficient freight project delivery 
that could be streamlined or consolidated.’’. 
SEC. 41003. NATIONAL MULTIMODAL FREIGHT NETWORK. 
Chapter 54 of subtitle III of title 49, United States 
Code, as amended by section 41002, is amended by adding 
after section 5402 the following: 
‘‘§ 5403. National multimodal freight network 
‘‘(a) IN GENERAL.—The Secretary shall establish a na-
tional freight network, in accordance with this section— 
‘‘(1) to assist States in strategically directing re-
sources toward improved system performance for the 
efficient movement of freight on transportation net-
works; 
‘‘(2) to inform freight transportation planning;
828 
† HR 22 EAS 
‘‘(3) to assist in the prioritization of Federal in-
vestment; and 
‘‘(4) to assess and support Federal investments 
to achieve the national multimodal freight policy 
goals described in section 5402(b) of this title and in 
section 150(b) of title 23. 
‘‘(b) 
NETWORK
COMPONENTS.—The 
national 
multimodal freight network established under this section 
shall consist of all connectors, corridors, and facilities in 
all freight transportation modes that are the most critical 
to the current and future movement of freight, including 
the national highway freight network, to achieve the na-
tional multimodal freight policy goals described in section 
5402(b) of this title and in section 150(b) of title 23. 
‘‘(c) INITIAL DESIGNATION OF PRIMARY FREIGHT SYS-
TEM.— 
‘‘(1) IN GENERAL.—Not later than 1 year after 
the date of enactment of the DRIVE Act, the Sec-
retary, after soliciting input from stakeholders, in-
cluding multimodal freight system users, transport 
providers, metropolitan planning organizations, local 
governments, ports, airports, railroads, and States, 
through a public process to identify critical freight fa-
cilities and corridors that are vital to achieve the na-
tional multimodal freight policy goals described in
829 
† HR 22 EAS 
section 5402(b) of this title and in section 150(b) of 
title 23, and after providing notice and opportunity 
for comment on a draft system, shall designate a pri-
mary freight system with the goal of— 
‘‘(A) improving network and intermodal 
connectivity; and 
‘‘(B) using measurable data as part of the 
assessment of the significance of freight move-
ment, including the consideration of points of or-
igin, destination, and linking components of do-
mestic and international supply chains. 
‘‘(2) FACTORS.—In designating or redesignating 
a primary freight system, the Secretary shall con-
sider— 
‘‘(A) origins and destinations of freight 
movement within, to, and from the United 
States; 
‘‘(B) volume, value, tonnage, and the stra-
tegic importance of freight; 
‘‘(C) access to border crossings, airports, 
seaports, and pipelines; 
‘‘(D) economic factors, including balance of 
trade; 
‘‘(E) access to major areas for manufac-
turing, agriculture, or natural resources;
830 
† HR 22 EAS 
‘‘(F) access to energy exploration, develop-
ment, installation, and production areas; 
‘‘(G) intermodal links and intersections that 
promote connectivity; 
‘‘(H) freight choke points and other impedi-
ments contributing to significant measurable 
congestion, delay in freight movement, or ineffi-
cient modal connections; 
‘‘(I) impacts on all freight transportation 
modes and modes that share significant freight 
infrastructure; 
‘‘(J) elements and transportation corridors 
identified by a multi-State coalition, a State, a 
State advisory committee, or a metropolitan 
planning organization, using national or local 
data, as having critical freight importance to the 
region; 
‘‘(K) intermodal connectors, major distribu-
tion centers, inland intermodal facilities, and 
first- and last-mile facilities; 
‘‘(L) the annual average daily truck traffic 
on principal arterials; and 
‘‘(M) the significance of goods movement, 
including consideration of global and domestic 
supply chains.
831 
† HR 22 EAS 
‘‘(3) REQUIREMENTS FOR DESIGNATION.—A des-
ignation may be made under this subsection if the 
freight transportation facility or infrastructure being 
considered— 
‘‘(A) is in an urbanized area, regardless of 
population; 
‘‘(B) has been designated under subsection 
(d) as a critical rural freight corridor; 
‘‘(C) connects an intermodal facility to— 
‘‘(i) the primary freight network; or 
‘‘(ii) an intermodal freight facility; 
‘‘(D)(i) is located within a corridor of a 
route on the primary freight network; and 
‘‘(ii) provides an alternative option impor-
tant to goods movement; 
‘‘(E) serves a major freight generator, logis-
tic center, agricultural region, or manufacturing, 
warehouse, or industrial land; or 
‘‘(F) is important to the movement of 
freight within a State or metropolitan region, as 
determined by the State or the metropolitan 
planning organization. 
‘‘(4) CONSIDERATIONS.—In designating or redes-
ignating the primary freight system under subsection 
(e), the Secretary shall—
832 
† HR 22 EAS 
‘‘(A) use, to the extent practicable, measur-
able data to assess the significance of goods 
movement, including the consideration of points 
of origin, destination, and linking components of 
the United States global and domestic supply 
chains; 
‘‘(B) consider— 
‘‘(i) the factors described in subsection 
(c)(2); and 
‘‘(ii) any changes in the economy or 
freight transportation network demand; and 
‘‘(C) provide the States with an opportunity 
to submit proposed designations in accordance 
with paragraph (5). 
‘‘(5) STATE INPUT.— 
‘‘(A) IN GENERAL.—Each State that pro-
poses increased designations on the primary 
freight system shall— 
‘‘(i) consider nominations for addi-
tional designations from metropolitan plan-
ning organizations and State freight advi-
sory committees within the State; 
‘‘(ii) consider nominations for the ad-
ditional designations from owners and oper-
833 
† HR 22 EAS 
ators of port, rail, pipeline, and airport fa-
cilities; and 
‘‘(iii) ensure that additional designa-
tions are consistent with the State Trans-
portation Improvement Program or freight 
plan. 
‘‘(B) REVISIONS.—States may revise routes 
certified under section 4006 of the Intermodal 
Surface Transportation Efficiency Act of 1991 
(Public Law 102–240; 105 Stat. 2148) to con-
form with the designated freight system under 
this section. 
‘‘(C) SUBMISSION
AND
CERTIFICATION.— 
Each State shall submit to the Secretary— 
‘‘(i) a list of the additional designa-
tions added under this subsection; and 
‘‘(ii) certification that— 
‘‘(I) the State has satisfied the re-
quirements under subparagraph (A); 
and 
‘‘(II) the designations referred to 
in clause (i) address the factors for re-
designation described in subsection 
(c)(3).
834 
† HR 22 EAS 
‘‘(d) CRITICAL RURAL FREIGHT CORRIDORS.—A State 
may designate freight transportation infrastructure or fa-
cilities within the borders of the State as a critical rural 
freight corridor if the public road or facility— 
‘‘(1) is a rural principal arterial roadway or fa-
cility; 
‘‘(2) provides access or service to energy explo-
ration, development, installation, or production areas; 
‘‘(3) provides access or service to— 
‘‘(A) a grain elevator; 
‘‘(B) an agricultural facility; 
‘‘(C) a mining facility; 
‘‘(D) a forestry facility; or 
‘‘(E) an intermodal facility; 
‘‘(4) connects to an international port of entry; 
‘‘(5) provides access to significant air, rail, 
water, or other freight facilities in the State; or 
‘‘(6) has been determined by the State to be vital 
to improving the efficient movement of freight of im-
portance to the economy of the State. 
‘‘(e) REDESIGNATION
OF PRIMARY FREIGHT SYS-
TEM.—Beginning on the date that is 5 years after the ini-
tial designation under subsection (c), and every 5 years 
thereafter, the Secretary, using the designation factors de-
835 
† HR 22 EAS 
scribed in subsection (c)(3), shall redesignate the primary 
freight system.’’. 
TITLE XLII—PLANNING 
SEC. 42001. NATIONAL FREIGHT STRATEGIC PLAN. 
Chapter 54 of subtitle III of title 49, United States 
Code (as amended by title XLI), is amended by adding at 
the end the following: 
‘‘§ 5404. National freight strategic plan 
‘‘(a) INITIAL DEVELOPMENT OF NATIONAL FREIGHT 
STRATEGIC PLAN.—Not later than 3 years after the date 
of enactment of the DRIVE Act, the Secretary, in consulta-
tion with State departments of transportation, metropoli-
tan planning organizations, and other appropriate public 
and private transportation stakeholders, shall develop, after 
providing opportunity for notice and comment on a draft 
national freight strategic plan, and post on the public 
website of the Department of Transportation a national 
freight strategic plan that includes— 
‘‘(1) an assessment of the condition and perform-
ance of the national multimodal freight network; 
‘‘(2) an identification of bottlenecks on the na-
tional multimodal freight network that create signifi-
cant freight congestion based on a quantitative meth-
odology developed by the Secretary, which shall, at a 
minimum, include—
836 
† HR 22 EAS 
‘‘(A) information from the Freight Analysis 
Framework of the Federal Highway Administra-
tion; and 
‘‘(B) to the maximum extent practicable, an 
estimate of the cost of addressing each bottleneck 
and any operational improvements that could be 
implemented; 
‘‘(3) a forecast of freight volumes, based on the 
most recent data available, for— 
‘‘(A) the 5-year period beginning in the 
year during which the plan is issued; and 
‘‘(B) if practicable, for the 10- and 20-year 
period beginning in the year during which the 
plan is issued; 
‘‘(4) an identification of major trade gateways 
and national freight corridors that connect major eco-
nomic corridors, population centers, trade gateways, 
and other major freight generators for current and 
forecasted traffic and freight volumes, the identifica-
tion of which shall be revised, as appropriate, in sub-
sequent plans; 
‘‘(5) an assessment of statutory, regulatory, tech-
nological, institutional, financial, and other barriers 
to improved freight transportation performance (in-
cluding opportunities for overcoming the barriers);
837 
† HR 22 EAS 
‘‘(6) an identification of routes providing access 
to energy exploration, development, installation, or 
production areas; 
‘‘(7) routes for providing access to major areas 
for manufacturing, agriculture, or natural resources; 
‘‘(8) best practices for improving the perform-
ance of the national freight network; 
‘‘(9) best practices to mitigate the impacts of 
freight movement on communities; 
‘‘(10) a process for addressing multistate projects 
and encouraging jurisdictions to collaborate on 
multistate projects; 
‘‘(11) identification of locations or areas with 
congestion involving freight traffic, and strategies to 
address those issues; 
‘‘(12) strategies to improve freight intermodal 
connectivity; and 
‘‘(13) best practices for improving the perform-
ance of the national multimodal freight network and 
rural and urban access to critical freight corridors. 
‘‘(b) UPDATES
TO NATIONAL FREIGHT STRATEGIC 
PLAN.—Not later than 5 years after the date of completion 
of the first national multimodal freight strategic plan under 
subsection (a) and every 5 years thereafter, the Secretary 
shall update and repost on the public website of the Depart-
838 
† HR 22 EAS 
ment of Transportation a revised national freight strategic 
plan.’’. 
SEC. 42002. STATE FREIGHT ADVISORY COMMITTEES. 
Chapter 54 of subtitle III of title 49, United States 
Code (as amended by section 42001), is amended by adding 
at the end the following: 
‘‘§ 5405. State freight advisory committees 
‘‘(a) IN GENERAL.—Each State shall establish a 
freight advisory committee consisting of a representative 
cross-section of public and private sector freight stake-
holders, including representatives of ports, third party lo-
gistics providers, shippers, carriers, freight-related associa-
tions, the freight industry workforce, the transportation de-
partment 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 priorities, 
issues, projects, and funding needs; 
‘‘(2) serve as a forum for discussion for State 
transportation decisions affecting freight mobility; 
‘‘(3) communicate and coordinate regional prior-
ities with other organizations; 
‘‘(4) promote the sharing of information between 
the private and public sectors on freight issues; and
839 
† HR 22 EAS 
‘‘(5) participate in the development of the freight 
plan of the State described in section 5406.’’. 
SEC. 42003. STATE FREIGHT PLANS. 
Chapter 54 of subtitle III of title 49, United States 
Code (as amended by section 42002), is amended by adding 
at the end the following: 
‘‘§ 5406. 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 investments 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) when applicable, a listing of critical rural 
and urban freight corridors designated within the 
State under section 5403 of this title or section 167 
of title 23;
840 
† HR 22 EAS 
‘‘(4) a description of how the plan will improve 
the ability of the State to meet the national freight 
goals established under section 5402(b) of this title 
and section 150(b) of title 23; 
‘‘(5) a description of how innovative technologies 
and operational strategies, including freight intel-
ligent transportation systems, that improve the safety 
and efficiency of freight movement, were considered; 
‘‘(6) in the case of roadways on which travel by 
heavy vehicles (including mining, agricultural, energy 
cargo or equipment, and timber vehicles) is projected 
to substantially deteriorate the condition of roadways, 
a description of improvements that may be required 
to reduce or impede the deterioration; 
‘‘(7) an inventory of facilities with freight mobil-
ity issues, such as bottlenecks, within the State, and 
where the facilities are State owned or operated, a de-
scription of the strategies the State is employing to 
address those freight mobility issues; 
‘‘(8) consideration of any significant congestion 
or delay caused by freight movements and any strate-
gies to mitigate that congestion or delay; and 
‘‘(9) a freight investment plan that, subject to 
subsection (c)(2), includes a list of priority projects
841 
† HR 22 EAS 
and describes how funds made available to carry out 
section 167 of title 23 would be invested and matched. 
‘‘(c) RELATIONSHIP TO LONG-RANGE PLAN.— 
‘‘(1) INCORPORATION.—A State freight plan de-
scribed in subsection (a) may be developed separately 
from or incorporated into the statewide strategic long- 
range transportation plan required by section 135 of 
title 23. 
‘‘(2) FISCAL
CONSTRAINT.—The freight invest-
ment plan component of a freight plan shall include 
a project, or an identified phase of a project, only if 
funding for completion of the project can reasonably 
be anticipated to be available for the project within 
the time period identified in the freight investment 
plan. 
‘‘(d) PLANNING PERIOD.—The freight plan shall ad-
dress a 5-year forecast period. 
‘‘(e) UPDATES.— 
‘‘(1) IN
GENERAL.—A State shall update the 
freight plan not less frequently than once every 5 
years. 
‘‘(2) FREIGHT INVESTMENT PLAN.—A State may 
update the freight investment plan more frequently 
than is required under paragraph (1).’’.
842 
† HR 22 EAS 
SEC. 42004. FREIGHT DATA AND TOOLS. 
Chapter 54 of subtitle III of title 49, United States 
Code (as amended by section 42003), is amended by adding 
at the end the following: 
‘‘§ 5407. Transportation investment data and plan-
ning tools 
‘‘(a) IN GENERAL.—Not later than 1 year after the 
date of enactment of the DRIVE Act, the Secretary shall— 
‘‘(1) begin development of new tools and im-
provement of existing tools to support an outcome-ori-
ented, performance-based approach to evaluate pro-
posed 
freight-related 
and 
other 
transportation 
projects, including— 
‘‘(A) methodologies for systematic analysis 
of benefits and costs on a national or regional 
basis; 
‘‘(B) tools for ensuring that the evaluation 
of 
freight-related 
and 
other 
transportation 
projects could consider safety, economic competi-
tiveness, urban and rural access, environmental 
sustainability, and system condition in the 
project selection process; 
‘‘(C) improved methods for data collection 
and trend analysis; 
‘‘(D) encouragement of public-private part-
nerships to carry out data sharing activities
843 
† HR 22 EAS 
while maintaining the confidentiality of all pro-
prietary data; and 
‘‘(E) other tools to assist in effective trans-
portation planning; 
‘‘(2) identify transportation-related model data 
elements to support a broad range of evaluation meth-
ods and techniques to assist in making transportation 
investment decisions; and 
‘‘(3) at a minimum, in consultation with other 
relevant Federal agencies, consider any improvements 
to existing freight flow data collection efforts that 
could reduce identified freight data gaps and defi-
ciencies and help improve forecasts of freight trans-
portation 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).’’. 
SEC. 42005. SAVINGS PROVISION. 
Chapter 54 of subtitle III of title 49, United States 
Code (as amended by section 42004), is amended by adding 
at the end the following:
844 
† HR 22 EAS 
‘‘§ 5408. Savings provision 
‘‘Nothing in this chapter provides additional authority 
to regulate or direct private activity on freight networks 
designated by this chapter.’’. 
TITLE XLIII—FORMULA FREIGHT 
PROGRAM 
SEC. 43001. NATIONAL HIGHWAY FREIGHT PROGRAM. 
(a) IN GENERAL.—Section 167 of title 23, United 
States Code, is amended to read as follows: 
‘‘§ 167. National highway freight program 
‘‘(a) ESTABLISHMENT.— 
‘‘(1) IN GENERAL.—It is the policy of the United 
States to improve the condition and performance of 
the national highway freight network to ensure that 
the national freight network provides the foundation 
for the United States to compete in the global econ-
omy and achieve each goal described in subsection (b). 
‘‘(2) ESTABLISHMENT.—In support of the goals 
described in subsection (b), the Federal Highway Ad-
ministrator (referred to in this section as the ‘Admin-
istrator’) shall establish a national highway freight 
program in accordance with this section to improve 
the efficient movement of freight on the national high-
way freight network. 
‘‘(b) GOALS.—The goals of the national highway 
freight program are—
845 
† HR 22 EAS 
‘‘(1) to invest in infrastructure improvements 
and to implement operational improvements on the 
highways of the United States that— 
‘‘(A) strengthen the contribution of the na-
tional highway freight network to the economic 
competitiveness of the United States; 
‘‘(B) reduce congestion and relieve bottle-
necks in the freight transportation system; 
‘‘(C) reduce the cost of freight transpor-
tation; 
‘‘(D) improve the reliability of freight 
transportation; and 
‘‘(E) increase productivity, particularly for 
domestic industries and businesses that create 
high-value jobs; 
‘‘(2) to improve the safety, security, efficiency, 
and resiliency of freight transportation in rural and 
urban areas; 
‘‘(3) to improve the state of good repair of the 
national highway freight network; 
‘‘(4) to use advanced technology to improve the 
safety and efficiency of the national highway freight 
network; 
‘‘(5) to incorporate concepts of performance, in-
novation, competition, and accountability into the op-
846 
† HR 22 EAS 
eration and maintenance of the national highway 
freight network; 
‘‘(6) to improve the efficiency and productivity 
of the national highway freight network; and 
‘‘(7) to reduce the environmental impacts of 
freight movement. 
‘‘(c) ESTABLISHMENT
OF
A
NATIONAL
HIGHWAY 
FREIGHT NETWORK.— 
‘‘(1) IN GENERAL.—The Administrator shall es-
tablish a national highway freight network in accord-
ance with this section to assist States in strategically 
directing resources toward improved system perform-
ance for efficient movement of freight on highways. 
‘‘(2) NETWORK
COMPONENTS.—The national 
highway freight network shall consist of— 
‘‘(A) the primary highway freight system, 
as designated under subsection (d); 
‘‘(B) critical rural freight corridors estab-
lished under subsection (e); 
‘‘(C) critical urban freight corridors estab-
lished under subsection (f); and 
‘‘(D) the portions of the Interstate System 
not designated as part of the primary highway 
freight system, including designated future Inter-
847 
† HR 22 EAS 
state System routes as of the date of enactment 
of the DRIVE Act. 
‘‘(d) DESIGNATION AND REDESIGNATION OF THE PRI-
MARY HIGHWAY FREIGHT SYSTEM.— 
‘‘(1) INITIAL DESIGNATION OF PRIMARY HIGH-
WAY FREIGHT SYSTEM.—The initial designation of 
the primary highway freight system shall be— 
‘‘(A) the network designated by the Sec-
retary under section 167(d) of title 23, United 
States Code, as in effect on the day before the 
date of enactment of the DRIVE Act; and 
‘‘(B) all National Highway System freight 
intermodal connectors. 
‘‘(2) REDESIGNATION
OF
PRIMARY
HIGHWAY 
FREIGHT SYSTEM.— 
‘‘(A) IN GENERAL.—Beginning on the date 
that is 1 year after the date of enactment of the 
DRIVE Act and every 5 years thereafter, using 
the designation factors described in subpara-
graph (E), the Administrator shall redesignate 
the primary highway freight system (including 
any additional mileage added to the primary 
highway freight system under this paragraph as 
of the date on which the redesignation process is 
effective).
848 
† HR 22 EAS 
‘‘(B) MILEAGE.— 
‘‘(i) FIRST REDESIGNATION.—In redes-
ignating the primary highway freight sys-
tem on the date that is 1 year after the date 
of enactment of the DRIVE Act, the Admin-
istrator shall limit the system to 30,000 
centerline miles, without regard to the 
connectivity of the primary highway freight 
system. 
‘‘(ii) 
SUBSEQUENT
REDESIGNA-
TIONS.—Each redesignation after the redes-
ignation described in clause (i), the Admin-
istrator may increase the primary highway 
freight system by up to 5 percent of the 
total mileage of the system, without regard 
to the connectivity of the primary highway 
freight system. 
‘‘(C) CONSIDERATIONS.— 
‘‘(i) IN
GENERAL.—In redesignating 
the primary highway freight system, to the 
maximum extent practicable, the Adminis-
trator shall use measurable data to assess 
the significance of goods movement, includ-
ing consideration of points of origin, des-
tination, and linking components of the
849 
† HR 22 EAS 
United States global and domestic supply 
chains. 
‘‘(ii) INTERMODAL
CONNECTORS.—In 
redesignating the primary highway freight 
system, the Administrator shall include all 
National Highway System freight inter-
modal connectors. 
‘‘(D) INPUT.—In addition to the process 
provided to State freight advisory committees 
under paragraph (3), in redesignating the pri-
mary highway freight system, the Administrator 
shall provide an opportunity for State freight 
advisory committees to submit additional miles 
for consideration. 
‘‘(E) FACTORS
FOR
REDESIGNATION.—In 
redesignating the primary highway freight sys-
tem, the Administrator shall consider— 
‘‘(i) the origins and destinations of 
freight movement in, to, and from the 
United States; 
‘‘(ii) land and water ports of entry; 
‘‘(iii) access to energy exploration, de-
velopment, 
installation, 
or 
production 
areas;
850 
† HR 22 EAS 
‘‘(iv) proximity of access to other 
freight intermodal facilities, including rail, 
air, water, and pipelines; 
‘‘(v) the total freight tonnage and value 
moved via highways; 
‘‘(vi) significant freight bottlenecks, as 
identified by the Administrator; 
‘‘(vii) the annual average daily truck 
traffic on principal arterials; and 
‘‘(viii) the significance of goods move-
ment on principal arterials, including con-
sideration of global and domestic supply 
chains. 
‘‘(3) STATE FLEXIBILITY FOR ADDITIONAL MILES 
ON PRIMARY HIGHWAY FREIGHT SYSTEM.— 
‘‘(A) IN GENERAL.—Not later than 1 year 
after each redesignation conducted by the Ad-
ministrator under paragraph (2), each State, 
under the advisement of the State freight advi-
sory committee, as developed and carried out in 
accordance with subsection (l), may increase the 
number of miles designated as part of the pri-
mary highway freight system in that State by 
not more than 10 percent of the miles designated
851 
† HR 22 EAS 
in that State under this subsection if the addi-
tional miles— 
‘‘(i) close gaps between primary high-
way freight system segments; 
‘‘(ii) establish connections of the pri-
mary highway freight system critical to the 
efficient movement of goods, including ports, 
international border crossings, airports, 
intermodal facilities, logistics centers, ware-
houses, and agricultural facilities; or 
‘‘(iii) 
designate 
critical 
emerging 
freight routes. 
‘‘(B) CONSIDERATIONS.—Each State, under 
the advisement of the State freight advisory com-
mittee that increases the number of miles on the 
primary highway freight system under subpara-
graph (A) shall— 
‘‘(i) consider nominations for the addi-
tional miles from metropolitan planning or-
ganizations within the State; 
‘‘(ii) ensure that the additional miles 
are consistent with the freight plan of the 
State; and 
‘‘(iii) review the primary highway 
freight system of the State designated under
852 
† HR 22 EAS 
paragraph (1) and redesignate miles in a 
manner that is consistent with paragraph 
(2). 
‘‘(C) SUBMISSION.—Each State, under the 
advisement of the State freight advisory com-
mittee shall— 
‘‘(i) submit to the Administrator a list 
of the additional miles added under this 
subsection; and 
‘‘(ii) certify that— 
‘‘(I) the additional miles meet the 
requirements of subparagraph (A); and 
‘‘(II) the State, under the advise-
ment of the State freight advisory com-
mittee, has satisfied the requirements 
of subparagraph (B). 
‘‘(e) CRITICAL RURAL FREIGHT CORRIDORS.—A State 
may designate a public road within the borders of the State 
as a critical rural freight corridor if the public road— 
‘‘(1) is a rural principal arterial roadway and 
has a minimum of 25 percent of the annual average 
daily traffic of the road measured in passenger vehicle 
equivalent units from trucks (Federal Highway Ad-
ministration vehicle class 8 to 13);
853 
† HR 22 EAS 
‘‘(2) provides access to energy exploration, devel-
opment, installation, or production areas; 
‘‘(3) connects the primary highway freight sys-
tem, a roadway described in paragraph (1) or (2), or 
the Interstate System to facilities that handle more 
than— 
‘‘(A) 50,000 20-foot equivalent units per 
year; or 
‘‘(B) 500,000 tons per year of bulk commod-
ities; 
‘‘(4) provides access to— 
‘‘(A) a grain elevator; 
‘‘(B) an agricultural facility; 
‘‘(C) a mining facility; 
‘‘(D) a forestry facility; or 
‘‘(E) an intermodal facility; 
‘‘(5) connects to an international port of entry; 
‘‘(6) provides access to significant air, rail, 
water, or other freight facilities in the State; or 
‘‘(7) is, in the determination of the State, vital 
to improving the efficient movement of freight of im-
portance to the economy of the State. 
‘‘(f) CRITICAL URBAN FREIGHT CORRIDORS.— 
‘‘(1) URBANIZED
AREA
WITH
POPULATION
OF 
500,000 OR MORE.—In an urbanized area with a pop-
854 
† HR 22 EAS 
ulation of 500,000 or more individuals, the represent-
ative metropolitan planning organization, in con-
sultation with the State, may designate a public road 
within the borders of that area of the State as a crit-
ical urban freight corridor. 
‘‘(2) URBANIZED
AREA
WITH
A
POPULATION 
LESS THAN 500,000.—In an urbanized area with a 
population of less than 500,000 individuals, the State, 
in consultation with the representative metropolitan 
planning organization, may designate a public road 
within the borders of that area of the State as a crit-
ical urban freight corridor. 
‘‘(3) REQUIREMENTS FOR DESIGNATION.—A des-
ignation may be made under paragraphs (1) or (2) 
if the public road— 
‘‘(A) is in an urbanized area, regardless of 
population; and 
‘‘(B)(i) connects an intermodal facility to— 
‘‘(I) the primary highway freight net-
work; 
‘‘(II) the Interstate System; or 
‘‘(III) an intermodal freight facility; 
‘‘(ii) is located within a corridor of a route 
on the primary highway freight network and
855 
† HR 22 EAS 
provides an alternative highway option impor-
tant to goods movement; 
‘‘(iii) serves a major freight generator, logis-
tic center, or manufacturing and warehouse in-
dustrial land; or 
‘‘(iv) is important to the movement of 
freight within the region, as determined by the 
metropolitan planning organization or the State. 
‘‘(g) DESIGNATION AND CERTIFICATION.— 
‘‘(1) DESIGNATION.—States and metropolitan 
planning organizations may designate corridors 
under subsections (e) and (f) and submit the des-
ignated corridors to the Administrator on a rolling 
basis. 
‘‘(2) CERTIFICATION.—Each State or metropoli-
tan planning organization that designates a corridor 
under subsection (e) or (f) shall certify to the Admin-
istrator that the designated corridor meets the re-
quirements of the applicable subsection. 
‘‘(h) HIGHWAY FREIGHT TRANSPORTATION CONDI-
TIONS AND PERFORMANCE REPORTS.—Not later than 2 
years after the date of enactment of the DRIVE Act and 
biennially thereafter, the Administrator shall prepare and 
submit to Congress a report that describes the conditions
856 
† HR 22 EAS 
and performance of the national highway freight network 
in the United States. 
‘‘(i) USE OF APPORTIONED FUNDS.— 
‘‘(1) IN GENERAL.—A State shall obligate funds 
apportioned to the State under section 104(b)(5) to 
improve the movement of freight on the national high-
way freight network. 
‘‘(2) FORMULA.—The Administrator shall cal-
culate for each State the proportion that— 
‘‘(A) the total mileage in the State des-
ignated as part of the primary highway freight 
system; bears to 
‘‘(B) the total mileage of the primary high-
way freight system in all States. 
‘‘(3) USE OF FUNDS.— 
‘‘(A) STATES WITH HIGH PRIMARY HIGH-
WAY FREIGHT SYSTEM MILEAGE.—If the propor-
tion of a State under paragraph (2) is greater 
than or equal to 3 percent, the State may obli-
gate funds apportioned to the State under section 
104(b)(5) for projects on— 
‘‘(i) the primary highway freight sys-
tem; 
‘‘(ii) critical rural freight corridors; 
and
857 
† HR 22 EAS 
‘‘(iii) critical urban freight corridors. 
‘‘(B) STATES WITH LOW PRIMARY HIGHWAY 
FREIGHT SYSTEM MILEAGE.—If the proportion of 
a State under paragraph (2) is less than 3 per-
cent, the State may obligate funds apportioned 
to the State under section 104(b)(5) for projects 
on any component of the national highway 
freight network. 
‘‘(4) FREIGHT PLANNING.—Notwithstanding any 
other provision of law, effective beginning 2 years 
after the date of enactment of the DRIVE Act, a State 
may not obligate funds apportioned to the State 
under section 104(b)(5) unless the State has— 
‘‘(A) established a freight advisory com-
mittee in accordance with section 5405 of title 
49; and 
‘‘(B) developed a freight plan in accordance 
with section 5406 of title 49, except that the 
multimodal component of the plan may be in-
complete before an obligation may be made 
under this section. 
‘‘(5) ELIGIBILITY.— 
‘‘(A) IN GENERAL.—Except as provided in 
this subsection, for a project to be eligible for 
funding under this section the project shall—
860 
† HR 22 EAS 
‘‘(xi) Truck parking facilities eligible 
for funding under section 1401 of MAP–21 
(23 U.S.C. 137 note; Public Law 112–141). 
‘‘(xii) Real-time traffic, truck parking, 
roadway condition, and multimodal trans-
portation information systems. 
‘‘(xiii) 
Electronic 
screening 
and 
credentialing systems for vehicles, including 
weigh-in-motion 
truck 
inspection 
tech-
nologies. 
‘‘(xiv) Traffic signal optimization, in-
cluding synchronized and adaptive signals. 
‘‘(xv) Work zone management and in-
formation systems. 
‘‘(xvi) Highway ramp metering. 
‘‘(xvii) Electronic cargo and border se-
curity technologies that improve truck 
freight movement. 
‘‘(xviii) Intelligent transportation sys-
tems that would increase truck freight effi-
ciencies inside the boundaries of intermodal 
facilities. 
‘‘(xix) Additional road capacity to ad-
dress highway freight bottlenecks.
861 
† HR 22 EAS 
‘‘(xx) A highway project, other than a 
project described in clauses (i) through 
(xix), to improve the flow of freight on the 
national highway freight network. 
‘‘(xxi) Any other surface transpor-
tation project to improve the flow of freight 
into and out of a facility described in sub-
paragraph (B). 
‘‘(6) OTHER ELIGIBLE COSTS.—In addition to 
the eligible projects identified in paragraph (5), a 
State may use funds apportioned under section 
104(b)(5) for— 
‘‘(A) carrying out diesel retrofit or alter-
native fuel projects under section 149 for class 8 
vehicles; and 
‘‘(B) the necessary costs of— 
‘‘(i) conducting analyses and data col-
lection related to the national highway 
freight program; 
‘‘(ii) developing and updating perform-
ance targets to carry out this section; and 
‘‘(iii) reporting to the Administrator to 
comply with section 150. 
‘‘(7) APPLICABILITY
OF
PLANNING
REQUIRE-
MENTS.—Programming and expenditure of funds for
862 
† HR 22 EAS 
projects under this section shall be consistent with the 
requirements of sections 134 and 135. 
‘‘(j) STATE PERFORMANCE TARGETS.—If the Adminis-
trator determines that a State has not met or made signifi-
cant progress toward meeting the performance targets re-
lated to freight movement of the State established under sec-
tion 150(d) by the date that is 2 years after the date of 
the establishment of the performance targets, until the date 
on which the Administrator determines that the State has 
met or has made significant progress towards meeting the 
performance targets, the State shall submit to the Adminis-
trator, on a biennial basis, a freight performance improve-
ment plan that includes— 
‘‘(1) an identification of significant freight sys-
tem trends, needs, and issues within the State; 
‘‘(2) a description of the freight policies and 
strategies that will guide the freight-related transpor-
tation investments of the State; 
‘‘(3) an inventory of freight bottlenecks within 
the State and a description of the ways in which the 
State is allocating the national highway freight pro-
gram funds to improve those bottlenecks; and 
‘‘(4) a description of the actions the State will 
undertake to meet the performance targets of the 
State.
863 
† HR 22 EAS 
‘‘(k) STUDY OF MULTIMODAL PROJECTS.—Not later 
than 2 years after the date of enactment of the DRIVE Act, 
the Administrator shall submit to Congress a report that 
contains— 
‘‘(1) a study of freight projects identified in 
State freight plans under section 5406 of title 49; and 
‘‘(2) an evaluation of multimodal freight projects 
included in the State freight plans, or otherwise iden-
tified by States, that are subject to the limitation of 
funding for such projects under this section. 
‘‘(l) STATE FREIGHT ADVISORY COMMITTEES.—A 
State freight advisory committee shall be carried out as de-
scribed in section 5405 of title 49. 
‘‘(m) STATE FREIGHT PLANS.—A State freight plan 
shall be carried out as described in section 5406 of title 49. 
‘‘(n) INTELLIGENT FREIGHT TRANSPORTATION SYS-
TEM.— 
‘‘(1) DEFINITION
OF
INTELLIGENT
FREIGHT 
TRANSPORTATION SYSTEM.—In this section, the term 
‘intelligent freight transportation system’ means— 
‘‘(A) an innovative or intelligent techno-
logical transportation system, infrastructure, or 
facilities, including electronic roads, driverless 
trucks, elevated freight transportation facilities,
864 
† HR 22 EAS 
and other intelligent freight transportation sys-
tems; and 
‘‘(B) a communications or information 
processing system used singly or in combination 
for dedicated intelligent freight lanes and con-
veyances that improve the efficiency, security, or 
safety of freight on the Federal-aid highway sys-
tem or that operate to convey freight or improve 
existing freight movements. 
‘‘(2) LOCATION.—An intelligent freight transpor-
tation system shall be located— 
‘‘(A)(i) along existing Federal-aid high-
ways; or 
‘‘(ii) in a manner that connects ports-of- 
entry to existing Federal-aid highways; and 
‘‘(B) in proximity to, or within, an existing 
right-of-way on a Federal-aid highway. 
‘‘(3) OPERATING
STANDARDS.—The Adminis-
trator of the Federal Highway Administration shall 
determine the need for establishing operating stand-
ards for intelligent freight transportation systems. 
‘‘(o) TREATMENT OF FREIGHT PROJECTS.—Notwith-
standing any other provision of law, a freight project car-
ried out under this section shall be treated as if the project 
were on a Federal-aid highway.’’.
865 
† HR 22 EAS 
(b) CONFORMING AMENDMENTS.— 
(1) The analysis for chapter 1 of title 23, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘167. National highway freight program.’’ 
(2) Sections 1116, 1117, and 1118 of MAP–21 
(23 U.S.C. 167 note; Public Law 112–141) are re-
pealed. 
TITLE XLIV—GRANTS 
SEC. 44001. PURPOSE; DEFINITIONS; ADMINISTRATION. 
(a) IN GENERAL.—The purpose of the grants described 
in the amendments made by section 44002 is to assist in 
funding critical high-cost transportation infrastructure 
projects that— 
(1) are difficult to complete with existing Fed-
eral, State, local, and private funds; and 
(2) will achieve 1 or more of— 
(A) generation of national or regional eco-
nomic benefits and an increase in the global eco-
nomic competitiveness of the United States; 
(B) reduction of congestion and the impacts 
of congestion; 
(C) improvement of facilities vital to agri-
culture, manufacturing, or national energy secu-
rity;
866 
† HR 22 EAS 
(D) improvement of the efficiency, reli-
ability, and affordability of the movement of 
freight; 
(E) improvement of transportation safety; 
(F) improvement of existing and designated 
future Interstate System routes; or 
(G) improvement of the movement of people 
through improving rural connectivity and metro-
politan accessibility. 
(b) DEFINITIONS.—In this section and for purposes of 
the grant programs established under the amendments made 
by section 44002: 
(1) ELIGIBLE
APPLICANT.—The term ‘‘eligible 
applicant’’ means— 
(A) a State (or a group of States); 
(B) a local government (or a group of local 
governments); 
(C) a tribal government (or a consortium of 
tribal governments); 
(D) a transit agency (or a group of transit 
agencies); 
(E) a special purpose district or a public 
authority with a transportation function; 
(F) a port authority (or a group of port au-
thorities);
867 
† HR 22 EAS 
(G) a political subdivision of a State or 
local government; 
(H) a Federal land management agency, 
jointly with the applicable State; or 
(I) a multistate or multijurisdictional 
group of entities described in subparagraphs (A) 
through (H). 
(2) RURAL AREA.—The term ‘‘rural area’’ means 
an area that is outside of an urbanized area with a 
population greater than 150,000 individuals, as de-
termined by the Bureau of the Census. 
(3) RURAL
STATE.—The term ‘‘rural State’’ 
means a State that has a population density of 80 or 
fewer persons per square mile, based on the most re-
cent decennial census. 
(c) APPLICATIONS.— 
(1) IN
GENERAL.—An eligible applicant shall 
submit to the Secretary or the Federal Highway Ad-
ministrator (referred to in this section as the ‘‘Ad-
ministrator’’), as appropriate, an application in such 
form and containing such information as the Sec-
retary or Administrator, as appropriate, determines 
necessary, including the total amount of the grant re-
quested.
868 
† HR 22 EAS 
(2) CONTENTS.—Each application submitted 
under this paragraph shall include data on the most 
recent system performance, to the extent practicable, 
and estimated system improvements that will result 
from completion of the eligible project, including pro-
jections for improvements 5 and 10 years after com-
pletion of the project. 
(3) RESUBMISSION OF APPLICATIONS.—An eligi-
ble applicant whose project is not selected may resub-
mit an application in a subsequent solicitation with 
an addendum indicating changes to the project appli-
cation. 
(d) ACCOUNTABILITY MEASURES.—The Secretary and 
the Administrator shall establish accountability measures 
for the management of the grants described in this section— 
(1) to establish clear procedures for addressing 
late-arriving applications; 
(2) to publicly communicate decisions to accept 
or reject applications; and 
(3) to document major decisions in the applica-
tion evaluation and project selection process through 
a decision memorandum or similar mechanism that 
provides a clear rationale for decisions. 
(e) 
GEOGRAPHIC
DISTRIBUTION.—In 
awarding 
grants, the Secretary or Administrator, as appropriate,
869 
† HR 22 EAS 
shall take measures to ensure, to the maximum extent prac-
ticable— 
(1) an equitable geographic distribution of 
amounts; and 
(2) an appropriate balance in addressing the 
needs of rural and urban communities. 
(f) REPORTS.— 
(1) IN GENERAL.—The Secretary or the Admin-
istrator, as appropriate, shall make available on the 
website of the Department at the end of each fiscal 
year an annual report that lists each project for 
which a grant has been provided under this section 
during that fiscal year. 
(2) COMPTROLLER GENERAL.— 
(A) ASSESSMENT.—The Comptroller Gen-
eral of the United States shall conduct an assess-
ment of the administrative establishment, solici-
tation, selection, and justification process with 
respect to the funding of grants described in this 
title. 
(B) REPORT.—Not later than 1 year after 
the initial awarding of grants described in this 
section, the Comptroller General of the United 
States shall submit to the Committee on Envi-
ronment and Public Works of the Senate, the
870 
† HR 22 EAS 
Committee on Commerce, Science, and Transpor-
tation of the Senate, and the Committee on 
Transportation and Infrastructure of the House 
of Representatives a report that describes— 
(i) the adequacy and fairness of the 
process by which each project was selected, 
if applicable; 
(ii) the justification and criteria used 
for the selection of each project, if applica-
ble. 
SEC. 44002. GRANTS. 
(a) IN GENERAL.—Chapter 1 of title 23, United States 
Code, is amended by adding at the end the following: 
‘‘§ 171. Assistance for major projects program 
‘‘(a) PURPOSE OF PROGRAM.—The purpose of the as-
sistance for major projects program shall be the purpose de-
scribed in section 44001 of the DRIVE Act. 
‘‘(b) DEFINITIONS.—In this section— 
‘‘(1) the terms defined in section 44001 of the 
DRIVE Act shall apply; and 
‘‘(2) the following definitions shall apply: 
‘‘(A) ADMINISTRATOR.—The term ‘Adminis-
trator’ means the Administrator of the Federal 
Highway Administration. 
‘‘(B) ELIGIBLE PROJECT.—
871 
† HR 22 EAS 
‘‘(i) IN GENERAL.—The term ‘eligible 
project’ means a surface transportation 
project, or a program of integrated surface 
transportation projects closely related in the 
function the projects perform, that— 
‘‘(I) is a capital project that is el-
igible for Federal financial assistance 
under— 
‘‘(aa) this title; or 
‘‘(bb) chapter 53 of title 49; 
and 
‘‘(II) except as provided in clause 
(ii), has eligible project costs that are 
reasonably anticipated to equal or ex-
ceed the lesser of— 
‘‘(aa) $350,000,000; and 
‘‘(bb)(AA) for a project lo-
cated in a single State, 25 percent 
of the amount of Federal-aid high-
way funds apportioned to the 
State for the most recently com-
pleted fiscal year; 
‘‘(BB) for a project located 
in a single rural State with a 
population density of 80 or fewer
872 
† HR 22 EAS 
persons per square mile based on 
the most recent decennial census, 
10 percent of the amount of Fed-
eral-aid highway funds appor-
tioned to the State for the most re-
cently completed fiscal year; or 
‘‘(CC) for a project located in 
more than 1 State, 75 percent of 
the amount of Federal-aid high-
way funds apportioned to the par-
ticipating State that has the larg-
est apportionment for the most re-
cently completed fiscal year. 
‘‘(ii) FEDERAL LAND TRANSPORTATION 
FACILITY.—In the case of a Federal land 
transportation facility, the term ‘eligible 
project’ means a Federal land transpor-
tation facility that has eligible project costs 
that are reasonably anticipated to equal or 
exceed $150,000,000. 
‘‘(C) ELIGIBLE PROJECT COSTS.—The term 
‘eligible project costs’ means the costs of— 
‘‘(i) development phase activities, in-
cluding planning, feasibility analysis, rev-
enue forecasting, environmental review, pre-
873 
† HR 22 EAS 
liminary engineering and design work, and 
other preconstruction activities; and 
‘‘(ii) construction, reconstruction, reha-
bilitation, and acquisition of real property 
(including land related to the project and 
improvements to land), environmental miti-
gation, construction contingencies, acquisi-
tion of equipment directly related to im-
proving system performance, and oper-
ational improvements. 
‘‘(c) ESTABLISHMENT OF PROGRAM.—The Adminis-
trator shall establish a program in accordance with this sec-
tion to provide grants for projects that will have a signifi-
cant impact on a region or the Nation. 
‘‘(d) SOLICITATIONS AND APPLICATIONS.— 
‘‘(1) GRANT SOLICITATIONS.—The Administrator 
shall conduct a transparent and competitive national 
solicitation process to review eligible projects for fund-
ing under this section. 
‘‘(2) APPLICATIONS.—An eligible applicant shall 
submit an application to the Administrator in such 
form as described in and in accordance with section 
44001 of the DRIVE Act. 
‘‘(e) CRITERIA FOR PROJECT EVALUATION AND SELEC-
TION.—
874 
† HR 22 EAS 
‘‘(1) IN GENERAL.—The Administrator may se-
lect a project for funding under this section only if 
the Administrator determines that the project— 
‘‘(A) is consistent with the national goals 
described in section 150(b); 
‘‘(B) will significantly improve the perform-
ance of the national surface transportation net-
work, nationally or regionally; 
‘‘(C) is based on the results of preliminary 
engineering; 
‘‘(D) is consistent with the long-range state-
wide transportation plan; 
‘‘(E) cannot be readily and efficiently com-
pleted without Federal financial assistance; 
‘‘(F) is justified based on the ability of the 
project to achieve 1 or more of— 
‘‘(i) generation of national economic 
benefits that reasonably exceed the costs of 
the project; 
‘‘(ii) reduction of long-term congestion, 
including impacts on a national, regional, 
and statewide basis; 
‘‘(iii) an increase in the speed, reli-
ability, and accessibility of the movement of 
people or freight; or
875 
† HR 22 EAS 
‘‘(iv) improvement of transportation 
safety, including reducing transportation 
accident and serious injuries and fatalities; 
and 
‘‘(G) is supported by a sufficient amount of 
non-Federal funding, including evidence of stable 
and dependable financing to construct, main-
tain, and operate the infrastructure facility. 
‘‘(2) ADDITIONAL
CONSIDERATIONS.—In evalu-
ating a project under this section, in addition to the 
criteria described in paragraph (1), the Adminis-
trator shall consider the extent to which the project— 
‘‘(A) leverages Federal investment by en-
couraging non-Federal contributions to the 
project, including contributions from public-pri-
vate partnerships; 
‘‘(B) is able to begin construction by the 
date that is not later than 18 months after the 
date on which the project is selected; 
‘‘(C) incorporates innovative project deliv-
ery and financing to the maximum extent prac-
ticable; 
‘‘(D) helps maintain or protect the environ-
ment;
876 
† HR 22 EAS 
‘‘(E) improves roadways vital to national 
energy security; 
‘‘(F) improves or upgrades designated fu-
ture Interstate System routes; 
‘‘(G) uses innovative technologies, including 
intelligent transportation systems, that enhance 
the efficiency of the project; 
‘‘(H) helps to improve mobility and accessi-
bility; and 
‘‘(I) address the impact of population 
growth on the movement of people and freight. 
‘‘(f) 
GEOGRAPHIC
DISTRIBUTION.—In 
awarding 
grants under this section, the Administrator shall take 
measures as described in section 44001 of the DRIVE Act. 
‘‘(g) FUNDING REQUIREMENTS.— 
‘‘(1) IN GENERAL.—Except in the case of projects 
described in paragraph (2), the amount of a grant 
under this section shall be at least $50,000,000. 
‘‘(2) RURAL
PROJECTS.—The amounts made 
available for a fiscal year under this section for eligi-
ble projects located in rural areas or in rural States 
shall not be— 
‘‘(A) less than 20 percent of the amount 
made available for the fiscal year under this sec-
tion; and
877 
† HR 22 EAS 
‘‘(B) subject to paragraph (1). 
‘‘(3) LIMITATION OF FUNDS.—Not more than 20 
percent of the funds made available for a fiscal year 
to carry out this section shall be allocated for projects 
eligible under section 167(i)(5)(B) or chapter 53 of 
title 49. 
‘‘(4) STATE CAP.— 
‘‘(A) IN GENERAL.—Not more than 20 per-
cent of the funds made available for a fiscal year 
to carry out this section may be awarded to 
projects in a single State. 
‘‘(B) 
EXCEPTION
FOR
MULTISTATE 
PROJECTS.—For purposes of the limitation de-
scribed in subparagraph (A), funds awarded for 
a multistate project shall be considered to be dis-
tributed evenly to each State. 
‘‘(5) TIFIA PROGRAM.—On the request of an eli-
gible applicant under this section, the Administrator 
may use amounts awarded to the entity to pay sub-
sidy and administrative costs necessary to provide the 
entity Federal credit assistance under chapter 6 with 
respect to the project for which the grant was award-
ed. 
‘‘(h) GRANT REQUIREMENTS.—
878 
† HR 22 EAS 
‘‘(1) APPLICABILITY
OF
PLANNING
REQUIRE-
MENTS.—The programming and expenditure of funds 
for projects under this section shall be consistent with 
the requirements of sections 134 and 135. 
‘‘(2) DETERMINATION
OF
APPLICABLE
MODAL 
REQUIREMENTS.—If an eligible project that receives a 
grant under this section has a crossmodal component, 
the Administrator— 
‘‘(A) shall determine the predominant 
modal component of the project; and 
‘‘(B) may apply the applicable require-
ments of that predominant modal component to 
the project. 
‘‘(i) REPORT
TO
THE ADMINISTRATOR.—For each 
project funded under this section, the project sponsor shall 
evaluate system performance and submit to the Adminis-
trator a report not later than 5, 10, and 20 years after 
completion of the project to assess whether the project out-
comes have met preconstruction projections. 
‘‘(j) ADMINISTRATIVE
SELECTION.—The Adminis-
trator shall award grants to eligible projects in a fiscal year 
based on the criteria described in subsection (e). 
‘‘(k) REPORTS.—
879 
† HR 22 EAS 
‘‘(1) IN GENERAL.—The Administrator shall pro-
vide an annual report as described in section 44001 
of the DRIVE Act. 
‘‘(2) COMPTROLLER GENERAL.—The Comptroller 
General of the United States shall conduct an assess-
ment as described in section 44001 of the DRIVE 
Act.’’. 
(b) ASSISTANCE FOR FREIGHT PROJECTS.—Chapter 
54 of subtitle III of title 49, United States Code, as amended 
by section 42005, is amended by adding after section 5408 
the following: 
‘‘§ 5409. Assistance for freight projects 
‘‘(a) ESTABLISHMENT.—The Secretary shall establish 
and implement an assistance for freight projects grant pro-
gram for capital investments in major freight transpor-
tation infrastructure projects to improve the movement of 
goods through the transportation network of the United 
States. 
‘‘(b) CRITERIA FOR PROJECT EVALUATION AND SE-
LECTION.— 
‘‘(1) IN GENERAL.—The Secretary may select a 
project for funding under this section only if the Sec-
retary determines that the project— 
‘‘(A) is consistent with the goals described 
in section 5402(b);
880 
† HR 22 EAS 
‘‘(B) will significantly improve the national 
or regional performance of the freight transpor-
tation network; 
‘‘(C) is based on the results of preliminary 
engineering; 
‘‘(D) is consistent with the long-range state-
wide transportation plan; 
‘‘(E) cannot be readily and efficiently com-
pleted without Federal financial assistance; 
‘‘(F) is justified based on the ability of the 
project— 
‘‘(i) to generate national economic ben-
efits that reasonably exceed the costs of the 
project; 
‘‘(ii) to reduce long-term congestion, 
including impacts on a regional and state-
wide basis; or 
‘‘(iii) to increase the speed, reliability, 
and accessibility of the movement of freight; 
and 
‘‘(G) is supported by a sufficient amount of 
non-Federal funding, including evidence of stable 
and dependable financing to construct, main-
tain, and operate the infrastructure facility.
881 
† HR 22 EAS 
‘‘(2) ADDITIONAL
CONSIDERATIONS.—In evalu-
ating a project under this section, in addition to the 
criteria described in paragraph (1), the Secretary 
shall consider the extent to which the project— 
‘‘(A) leverages Federal investment by en-
couraging non-Federal contributions to the 
project, including contributions from public-pri-
vate partnerships; 
‘‘(B) is able to begin construction by the 
date that is not later than 1 year after the date 
on which the project is selected; 
‘‘(C) incorporates innovative project deliv-
ery and financing to the maximum extent prac-
ticable; 
‘‘(D) improves freight facilities vital to ag-
ricultural or national energy security; 
‘‘(E) improves or upgrades current or des-
ignated future Interstate System routes; 
‘‘(F) uses innovative technologies, including 
intelligent transportation systems, that enhance 
the efficiency of the project; 
‘‘(G) helps to improve mobility and accessi-
bility; and
882 
† HR 22 EAS 
‘‘(H) improves transportation safety, in-
cluding reducing transportation accident and se-
rious injuries and fatalities. 
‘‘(c) ELIGIBLE PROJECTS.— 
‘‘(1) IN GENERAL.—A project is eligible for a 
grant under this section if the project— 
‘‘(A) is difficult to complete with existing 
Federal, State, local, and private funds; 
‘‘(B)(i) enhances the economic competitive-
ness of the United States; or 
‘‘(ii) improves the flow of freight or reduces 
bottlenecks in the freight infrastructure of the 
United States; and 
‘‘(C) will advance 1 or more of the following 
objectives: 
‘‘(i) Generate regional or national eco-
nomic benefits and an increase in the global 
economic competitiveness of the United 
States. 
‘‘(ii) Improve transportation resources 
vital to agriculture or national energy secu-
rity. 
‘‘(iii) Improve the efficiency, reli-
ability, and affordability of the movement 
of freight.
883 
† HR 22 EAS 
‘‘(iv) Improve existing freight infra-
structure projects. 
‘‘(v) Improve the movement of people 
by improving rural and metropolitan 
freight routes. 
‘‘(2) EXAMPLES.—Eligible projects for grant 
funding under this section shall include— 
‘‘(A) a freight intermodal facility, includ-
ing— 
‘‘(i) an intermodal facility serving a 
seaport; 
‘‘(ii) an intermodal or cargo access fa-
cility serving an airport; 
‘‘(iii) an intermodal facility serving a 
port on the inland waterways; 
‘‘(iv) a bulk intermodal/transload facil-
ity; or 
‘‘(v) a highway/rail intermodal facil-
ity; 
‘‘(B) a highway or bridge project eligible 
under title 23; 
‘‘(C) a public transportation project that re-
duces congestion on freight corridors and is eligi-
ble under chapter 53;
884 
† HR 22 EAS 
‘‘(D) a freight rail transportation project 
(including rail-grade separations); and 
‘‘(E) a port infrastructure investment (in-
cluding inland port infrastructure). 
‘‘(d) REQUIREMENTS.— 
‘‘(1) CONSIDERATIONS.—In selecting projects to 
receive grant funding under this section, the Secretary 
shall— 
‘‘(A) consider— 
‘‘(i) projected freight volumes; and 
‘‘(ii) how projects will enhance eco-
nomic efficiency, productivity, and competi-
tiveness; 
‘‘(iii) population growth and the im-
pact on freight demand; and 
‘‘(B) give priority to projects dedicated to— 
‘‘(i) improving freight infrastructure 
facilities; 
‘‘(ii) reducing travel time for freight 
projects; 
‘‘(iii) reducing freight transportation 
costs; and 
‘‘(iv) reducing congestion caused by 
rapid population growth on freight cor-
ridors.
885 
† HR 22 EAS 
‘‘(2) MULTIMODAL DISTRIBUTION OF FUNDS.—In 
distributing funding for grants under this section, the 
Secretary shall take such measures as the Secretary 
determines necessary to ensure the investment in a 
variety of transportation modes. 
‘‘(3) AMOUNT.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B)(i), a grant under this section 
shall be in an amount that is not less than 
$10,000,000 and not greater than $100,000,000. 
‘‘(B) PROJECTS
IN
RURAL
AREAS.—If a 
grant awarded under this section is for a project 
located in a rural area— 
‘‘(i) the amount of the grant shall be at 
least $1,000,000; and 
‘‘(ii) the Secretary may increase the 
Federal share of costs to greater than 80 
percent. 
‘‘(4) FEDERAL
SHARE.—Except as provided 
under paragraph (3)(B)(ii), the Federal share of the 
costs for a project receiving a grant under this section 
shall be up to 80 percent. 
‘‘(5) PRIORITY.—The Secretary shall give pri-
ority to projects that require a contribution of Federal
886 
† HR 22 EAS 
funds in order to complete an overall financing pack-
age. 
‘‘(6) RURAL AREAS.—Not less than 25 percent of 
the funding provided under this section shall be used 
to make grants for projects located in rural areas. 
‘‘(7) NEW
COMPETITION.—The Secretary shall 
conduct a new competition each fiscal year to select 
the grants and credit assistance awarded under this 
section. 
‘‘(e) CONSULTATION.—The Secretary shall consult 
with the Secretary of Energy when considering projects that 
facilitate the movement of energy resources. 
‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— 
‘‘(1) IN GENERAL.—There is authorized to be ap-
propriated from the general fund of the Treasury, 
$200,000,000 for each of fiscal years 2016 through 
2021 to carry out this section. 
‘‘(2) ADMINISTRATIVE AND OVERSIGHT COSTS.— 
The Secretary may retain up to 0.5 percent of the 
amounts appropriated pursuant to paragraph (1)— 
‘‘(A) to administer the assistance for freight 
projects grant program; and 
‘‘(B) to oversee eligible projects funded 
under this section.
887 
† HR 22 EAS 
‘‘(3) ADMINISTRATION OF FUNDS.—Amounts ap-
propriated pursuant to this subsection shall be avail-
able for obligation until expended. 
‘‘(g) CONGRESSIONAL NOTIFICATION.—Not later than 
72 hours before public notification of a grant awarded 
under this section, the Secretary shall notify the Committee 
on Commerce, Science, and Transportation of the Senate, 
the Committee on Environment and Public Works of the 
Senate, the Committee on Banking, Housing, and Urban 
Affairs of the Senate, the Committee on Appropriations of 
the Senate, the Committee on Transportation and Infra-
structure of the House of Representatives, and the Com-
mittee on Appropriations of the House of Representatives 
of such award. 
‘‘(h) ACCOUNTABILITY
MEASURES.—The Secretary 
shall provide to Congress documentation of major decisions 
in the application evaluation and project selection process, 
which shall include a clear rationale for decisions— 
‘‘(1) to advance for senior review applications 
other than those rated as highly recommended; 
‘‘(2) to not advance applications rated as highly 
recommended; and 
‘‘(3) to change the technical evaluation rating of 
an application.’’.
888 
† HR 22 EAS 
(c) CONFORMING
AMENDMENT.—The analysis for 
chapter 1 of title 23, United States Code, is amended by 
adding at the end the following: 
‘‘171. Assistance for major projects program.’’. 
DIVISION E—FINANCE 
SEC. 50001. SHORT TITLE. 
This division may be cited as the ‘‘Transportation 
Funding Act of 2015’’. 
TITLE LI—HIGHWAY TRUST 
FUND AND RELATED TAXES 
Subtitle 
A—Extension 
of 
Trust 
Fund Expenditure Authority and 
Related Taxes 
SEC. 51101. EXTENSION OF TRUST FUND EXPENDITURE AU-
THORITY. 
(a) HIGHWAY TRUST FUND.—Section 9503 of the In-
ternal Revenue Code of 1986, as amended by division G, 
is amended— 
(1) by striking ‘‘October 1, 2015’’ in subsections 
(b)(6)(B), (c)(1), and (e)(3) and inserting ‘‘October 1, 
2021’’, and 
(2) by striking ‘‘Surface Transportation Exten-
sion Act of 2015’’ in subsections (c)(1) and (e)(3) and 
inserting ‘‘DRIVE Act’’.
889 
† HR 22 EAS 
(b) SPORT FISH RESTORATION AND BOATING TRUST 
FUND.—Section 9504 of the Internal Revenue Code of 1986, 
as amended by division G is amended— 
(1) by striking ‘‘Surface Transportation Exten-
sion Act of 2015’’ each place it appears in subsection 
(b)(2) and inserting ‘‘DRIVE Act’’, and 
(2) by striking ‘‘October 1, 2015’’ in subsection 
(d)(2) and inserting ‘‘October 1, 2021’’. 
(c) LEAKING UNDERGROUND STORAGE TANK TRUST 
FUND.—Paragraph (2) of section 9508(e) of the Internal 
Revenue Code of 1986, as amended by division G, is amend-
ed by striking ‘‘October 1, 2015’’ and inserting ‘‘October 
1, 2021’’. 
(d) EFFECTIVE DATE.—The amendments made by this 
section shall take effect on August 1, 2015. 
SEC. 51102. EXTENSION OF HIGHWAY-RELATED TAXES. 
(a) IN GENERAL.— 
(1) Each of the following provisions of the Inter-
nal Revenue Code of 1986 is amended by striking 
‘‘September 30, 2016’’ and inserting ‘‘September 30, 
2023’’: 
(A) Section 4041(a)(1)(C)(iii)(I). 
(B) Section 4041(m)(1)(B). 
(C) Section 4081(d)(1).
890 
† HR 22 EAS 
(2) Each of the following provisions of such Code 
is amended by striking ‘‘October 1, 2016’’ and insert-
ing ‘‘October 1, 2023’’: 
(A) Section 4041(m)(1)(A). 
(B) Section 4051(c). 
(C) Section 4071(d). 
(D) Section 4081(d)(3). 
(b) EXTENSION OF TAX, ETC., ON USE OF CERTAIN 
HEAVY VEHICLES.—Each of the following provisions of the 
Internal Revenue Code of 1986 is amended by striking 
‘‘2017’’ each place it appears and inserting ‘‘2024’’: 
(1) Section 4481(f). 
(2) Subsections (c)(4) and (d) of section 4482. 
(c) FLOOR STOCKS REFUNDS.—Section 6412(a)(1) of 
the Internal Revenue Code of 1986 is amended— 
(1) by striking ‘‘October 1, 2016’’ each place it 
appears and inserting ‘‘October 1, 2023’’, 
(2) by striking ‘‘March 31, 2017’’ each place it 
appears and inserting ‘‘March 31, 2024’’, and 
(3) by striking ‘‘January 1, 2017’’ and inserting 
‘‘January 1, 2024’’. 
(d) EXTENSION OF CERTAIN EXEMPTIONS.— 
(1) Section 4221(a) of the Internal Revenue Code 
of 1986 is amended by striking ‘‘October 1, 2016’’ and 
inserting ‘‘October 1, 2023’’.
891 
† HR 22 EAS 
(2) Section 4483(i) of such Code is amended by 
striking ‘‘October 1, 2017’’ and inserting ‘‘October 1, 
2024’’. 
(e) EXTENSION OF TRANSFERS OF CERTAIN TAXES.— 
(1) IN GENERAL.—Section 9503 of the Internal 
Revenue Code of 1986 is amended— 
(A) in subsection (b)— 
(i) by striking ‘‘October 1, 2016’’ each 
place it appears in paragraphs (1) and (2) 
and inserting ‘‘October 1, 2023’’, 
(ii) by striking ‘‘OCTOBER 1, 2016’’ in 
the heading of paragraph (2) and inserting 
‘‘OCTOBER 1, 2023’’, 
(iii) by striking ‘‘September 30, 2016’’ 
in paragraph (2) and inserting ‘‘September 
30, 2023’’, and 
(iv) by striking ‘‘July 1, 2017’’ in 
paragraph (2) and inserting ‘‘July 1, 
2024’’, and 
(B) in subsection (c)(2), by striking ‘‘July 
1, 2017’’ and inserting ‘‘July 1, 2024’’. 
(2) MOTORBOAT AND SMALL-ENGINE FUEL TAX 
TRANSFERS.— 
(A) IN
GENERAL.—Paragraphs (3)(A)(i) 
and (4)(A) of section 9503(c) of such Code are
892 
† HR 22 EAS 
each amended by striking ‘‘October 1, 2016’’ and 
inserting ‘‘October 1, 2023’’. 
(B) CONFORMING
AMENDMENTS
TO
LAND 
AND
WATER
CONSERVATION
FUND.—Section 
200310 of title 54, United States Code, is 
amended— 
(i) by striking ‘‘October 1, 2017’’ each 
place it appears and inserting ‘‘October 1, 
2024’’, and 
(ii) by striking ‘‘October 1, 2016’’ and 
inserting ‘‘October 1, 2023’’. 
(f) EFFECTIVE DATE.—The amendments made by this 
section shall take effect on October 1, 2016. 
Subtitle B—Additional Transfers to 
Highway Trust Fund 
SEC. 51201. FURTHER ADDITIONAL TRANSFERS TO TRUST 
FUND. 
Subsection (f) of section 9503 of the Internal Revenue 
Code of 1986 is amended by redesignating paragraph (7) 
as paragraph (9) and by inserting after paragraph (6) the 
following new paragraphs: 
‘‘(7) FURTHER TRANSFERS TO TRUST FUND.— 
Out of money in the Treasury not otherwise appro-
priated, there is hereby appropriated—
893 
† HR 22 EAS 
‘‘(A) $34,401,000,000 to the Highway Ac-
count (as defined in subsection (e)(5)(B)) in the 
Highway Trust Fund; and 
‘‘(B) $11,214,000,000 to the Mass Transit 
Account in the Highway Trust Fund. 
‘‘(8) ADDITIONAL
INCREASE
IN
FUND
BAL-
ANCE.—There is hereby transferred to the Highway 
Account (as defined in subsection (e)(5)(B)) in the 
Highway Trust Fund amounts appropriated from the 
Leaking Underground Storage Tank Trust Fund 
under section 9508(c)(4).’’. 
SEC. 51202. TRANSFER TO HIGHWAY TRUST FUND OF CER-
TAIN MOTOR VEHICLE SAFETY PENALTIES. 
(a) IN GENERAL.—Paragraph (5) of section 9503(b) 
of the Internal Revenue Code of 1986 is amended— 
(1) by striking ‘‘There are hereby’’ and inserting 
the following: 
‘‘(A) IN GENERAL.—There are hereby’’, and 
(2) by adding at the end the following new para-
graph: 
‘‘(B) PENALTIES RELATED TO MOTOR VEHI-
CLE SAFETY.— 
‘‘(i) IN
GENERAL.—There are hereby 
appropriated to the Highway Trust Fund
894 
† HR 22 EAS 
amounts equivalent to covered motor vehicle 
safety penalty collections. 
‘‘(ii) COVERED MOTOR VEHICLE SAFE-
TY
PENALTY
COLLECTIONS.—For purposes 
of this subparagraph, the term ‘covered 
motor vehicle safety penalty collections’ 
means any amount collected in connection 
with a civil penalty under section 30165 of 
title 49, United States Code, reduced by any 
award authorized by the Secretary of 
Transportation to be paid to any person in 
connection with information provided by 
such person related to a violation of chapter 
301 of such title which is a predicate to 
such civil penalty.’’. 
(b) EFFECTIVE DATE.—The amendments made by this 
section shall apply to amounts collected after the date of 
the enactment of this Act. 
SEC. 
51203. 
APPROPRIATION 
FROM 
LEAKING 
UNDER-
GROUND STORAGE TANK TRUST FUND. 
(a) IN GENERAL.—Subsection (c) of section 9508 of 
the Internal Revenue Code of 1986 is amended by adding 
at the end the following new paragraph: 
‘‘(4) ADDITIONAL TRANSFER TO HIGHWAY TRUST 
FUND.—Out of amounts in the Leaking Underground
895 
† HR 22 EAS 
Storage Tank Trust Fund there is hereby appro-
priated— 
‘‘(A) on the date of the enactment of the 
DRIVE Act, $100,000,000, 
‘‘(B) on October 1, 2016, $100,000,000, and 
‘‘(C) on October 1, 2017, $100,000,000, 
to be transferred under section 9503(f)(8) to the High-
way Account (as defined in section 9503(e)(5)(B)) in 
the Highway Trust Fund.’’. 
(b) CONFORMING AMENDMENT.—Section 9508(c)(1) of 
the Internal Revenue Code of 1986 is amended by striking 
‘‘paragraphs (2) and (3)’’ and inserting ‘‘paragraphs (2), 
(3), and (4)’’. 
TITLE LII—OFFSETS 
Subtitle A—Tax Provisions 
SEC. 52101. CONSISTENT BASIS REPORTING BETWEEN ES-
TATE AND PERSON ACQUIRING PROPERTY 
FROM DECEDENT. 
(a) PROPERTY ACQUIRED FROM A DECEDENT.— 
(1) IN GENERAL.—Section 1014 of the Internal 
Revenue Code of 1986 is amended by adding at the 
end the following new subsection: 
‘‘(f) BASIS MUST BE CONSISTENT WITH ESTATE TAX 
VALUE.—
896 
† HR 22 EAS 
‘‘(1) IN GENERAL.—The basis under subsection 
(a) of any property shall not exceed— 
‘‘(A) in the case of property the value of 
which has been finally determined for purposes 
of the tax imposed by chapter 11 on the estate 
of such decedent, such value, and 
‘‘(B) in the case of property not described 
in subparagraph (A) and with respect to which 
a statement has been furnished under section 
6035(a) identifying the value of such property, 
such value. 
‘‘(2) DETERMINATION.—For purposes of para-
graph (1), the value of property has been finally de-
termined for purposes of the tax imposed by chapter 
11 if— 
‘‘(A) the value of such property is shown on 
a return under section 6018 and such value is 
not contested by the Secretary before the expira-
tion of the time for assessing a tax under chapter 
11, 
‘‘(B) in a case not described in subpara-
graph (A), the value is specified by the Secretary 
and such value is not timely contested by the ex-
ecutor of the estate, or
897 
† HR 22 EAS 
‘‘(C) the value is determined by a court or 
pursuant to a settlement agreement with the Sec-
retary. 
‘‘(3) REGULATIONS.—The Secretary may by reg-
ulations provide exceptions to the application of this 
subsection.’’. 
(2) EFFECTIVE DATE.—The amendments made 
by this subsection shall apply to property with respect 
to which an estate tax return is filed after the date 
of the enactment of this Act. 
(b) INFORMATION REPORTING.— 
(1) IN GENERAL.—Subpart A of part III of sub-
chapter A of chapter 61 of the Internal Revenue Code 
of 1986 is amended by inserting after section 6034A 
the following new section: 
‘‘SEC. 6035. BASIS INFORMATION TO PERSONS ACQUIRING 
PROPERTY FROM DECEDENT. 
‘‘(a) INFORMATION WITH RESPECT TO PROPERTY AC-
QUIRED FROM DECEDENTS.— 
‘‘(1) IN GENERAL.—The executor of any estate 
required to file a return under section 6018(a) shall 
furnish to the Secretary and to each person acquiring 
any interest in property included in the decedent’s 
gross estate for Federal estate tax purposes a state-
ment identifying the value of each interest in such
898 
† HR 22 EAS 
property as reported on such return and such other 
information with respect to such interest as the Sec-
retary may prescribe. 
‘‘(2) STATEMENTS
BY
BENEFICIARIES.—Each 
person required to file a return under section 6018(b) 
shall furnish to the Secretary and to each other per-
son who holds a legal or beneficial interest in the 
property to which such return relates a statement 
identifying the information described in paragraph 
(1). 
‘‘(3) TIME FOR FURNISHING STATEMENT.— 
‘‘(A) IN
GENERAL.—Each statement re-
quired to be furnished under paragraph (1) or 
(2) shall be furnished at such time as the Sec-
retary may prescribe, but in no case at a time 
later than the earlier of— 
‘‘(i) the date which is 30 days after the 
date on which the return under section 6018 
was required to be filed (including exten-
sions, if any), or 
‘‘(ii) the date which is 30 days after 
the date such return is filed. 
‘‘(B) ADJUSTMENTS.—In any case in which 
there is an adjustment to the information re-
quired to be included on a statement filed under
899 
† HR 22 EAS 
paragraph (1) or (2) after such statement has 
been filed, a supplemental statement under such 
paragraph shall be filed not later than the date 
which is 30 days after such adjustment is made. 
‘‘(b) REGULATIONS.—The Secretary shall prescribe 
such regulations as necessary to carry out this section, in-
cluding regulations relating to— 
‘‘(1) the extension of this section to property of 
estates not required to file an estate tax return, and 
‘‘(2) situations in which the surviving joint ten-
ant or other recipient may have better information 
than the executor regarding the basis or fair market 
value of the property.’’. 
(2) PENALTY FOR FAILURE TO FILE.— 
(A) RETURN.—Section 6724(d)(1) of such 
Code is amended by striking ‘‘and’’ at the end of 
subparagraph (B), by striking the period at the 
end of subparagraph (C) and inserting ‘‘, and’’, 
and by adding at the end the following new sub-
paragraph: 
‘‘(D) any statement required to be filed with 
the Secretary under section 6035.’’. 
(B) STATEMENT.—Section 6724(d)(2) of 
such Code is amended by striking ‘‘or’’ at the 
end of subparagraph (GG), by striking the pe-
900 
† HR 22 EAS 
riod at the end of subparagraph (HH) and in-
serting ‘‘, or’’, and by adding at the end the fol-
lowing new subparagraph: 
‘‘(II) section 6035 (other than a 
statement 
described 
in 
paragraph 
(1)(D)).’’. 
(3) CLERICAL AMENDMENT.—The table of sec-
tions for subpart A of part III of subchapter A of 
chapter 61 of such Code is amended by inserting after 
the item relating to section 6034A the following new 
item: 
‘‘SEC. 6035. BASIS INFORMATION TO PERSONS ACQUIRING 
PROPERTY FROM DECEDENT.’’. 
(4) EFFECTIVE DATE.—The amendments made 
by this subsection shall take effect on the date of the 
enactment of this Act. 
(c) PENALTY FOR INCONSISTENT REPORTING.— 
(1) IN GENERAL.—Subsection (b) of section 6662 
of the Internal Revenue Code of 1986 is amended by 
inserting after paragraph (7) the following new para-
graph: 
‘‘(8) Any inconsistent estate basis.’’. 
(2) INCONSISTENT
BASIS
REPORTING.—Section 
6662 of such Code is amended by adding at the end 
the following new subsection:
901 
† HR 22 EAS 
‘‘(k) INCONSISTENT ESTATE BASIS REPORTING.—For 
purposes of this section, there is an ‘inconsistent estate 
basis’ if the basis of property (determined without regard 
to adjustments to basis during the period the property was 
held by the taxpayer) claimed on a return exceeds the basis 
as determined under section 1014(f).’’. 
(3) EFFECTIVE DATE.—The amendments made 
by this subsection shall apply to returns filed after the 
date of the enactment of this Act. 
SEC. 52102. REVOCATION OR DENIAL OF PASSPORT IN CASE 
OF CERTAIN UNPAID TAXES. 
(a) IN GENERAL.—Subchapter D of chapter 75 of the 
Internal Revenue Code of 1986 is amended by adding at 
the end the following new section: 
‘‘SEC. 7345. REVOCATION OR DENIAL OF PASSPORT IN CASE 
OF CERTAIN TAX DELINQUENCIES. 
‘‘(a) IN GENERAL.—If the Secretary receives certifi-
cation by the Commissioner of Internal Revenue that any 
individual has a seriously delinquent tax debt in an 
amount in excess of $50,000, the Secretary shall transmit 
such certification to the Secretary of State for action with 
respect to denial, revocation, or limitation of a passport 
pursuant to section 52102(d) of the Transportation Fund-
ing Act of 2015.
902 
† HR 22 EAS 
‘‘(b) SERIOUSLY DELINQUENT TAX DEBT.—For pur-
poses of this section, the term ‘seriously delinquent tax debt’ 
means an outstanding debt under this title for which a no-
tice of lien has been filed in public records pursuant to sec-
tion 6323 or a notice of levy has been filed pursuant to 
section 6331, except that such term does not include— 
‘‘(1) a debt that is being paid in a timely man-
ner pursuant to an agreement under section 6159 or 
7122, and 
‘‘(2) a debt with respect to which collection is 
suspended because a collection due process hearing 
under section 6330, or relief under subsection (b), (c), 
or (f) of section 6015, is requested or pending. 
‘‘(c) ADJUSTMENT FOR INFLATION.—In the case of a 
calendar year beginning after 2016, the dollar amount in 
subsection (a) shall be increased by an amount equal to— 
‘‘(1) such dollar amount, multiplied by 
‘‘(2) the cost-of-living adjustment determined 
under section 1(f)(3) for the calendar year, deter-
mined by substituting ‘calendar year 2015’ for ‘cal-
endar year 1992’ in subparagraph (B) thereof. 
If any amount as adjusted under the preceding sentence is 
not a multiple of $1,000, such amount shall be rounded to 
the next highest multiple of $1,000.’’.
903 
† HR 22 EAS 
(b) CLERICAL AMENDMENT.—The table of sections for 
subchapter D of chapter 75 of the Internal Revenue Code 
of 1986 is amended by adding at the end the following new 
item: 
‘‘Sec. 7345. Revocation or denial of passport in case of certain tax delin-
quencies.’’. 
(c) AUTHORITY FOR INFORMATION SHARING.— 
(1) IN GENERAL.—Subsection (l) of section 6103 
of the Internal Revenue Code of 1986 is amended by 
adding at the end the following new paragraph: 
‘‘(23) DISCLOSURE OF RETURN INFORMATION TO 
DEPARTMENT OF STATE FOR PURPOSES OF PASSPORT 
REVOCATION UNDER SECTION 7345.— 
‘‘(A) IN
GENERAL.—The Secretary shall, 
upon receiving a certification described in sec-
tion 7345, disclose to the Secretary of State re-
turn information with respect to a taxpayer who 
has a seriously delinquent tax debt described in 
such section. Such return information shall be 
limited to— 
‘‘(i) the taxpayer identity information 
with respect to such taxpayer, and 
‘‘(ii) the amount of such seriously de-
linquent tax debt. 
‘‘(B) RESTRICTION
ON
DISCLOSURE.—Re-
turn information disclosed under subparagraph
904 
† HR 22 EAS 
(A) may be used by officers and employees of the 
Department of State for the purposes of, and to 
the extent necessary in, carrying out the require-
ments of section 52102(d) of the Transportation 
Funding Act of 2015.’’. 
(2) CONFORMING AMENDMENT.—Paragraph (4) 
of section 6103(p) of such Code is amended by strik-
ing ‘‘or (22)’’ each place it appears in subparagraph 
(F)(ii) and in the matter preceding subparagraph (A) 
and inserting ‘‘(22), or (23)’’. 
(d) AUTHORITY TO DENY OR REVOKE PASSPORT.— 
(1) DENIAL.— 
(A) IN
GENERAL.—Except as provided 
under subparagraph (B), upon receiving a cer-
tification described in section 7345 of the Inter-
nal Revenue Code of 1986 from the Secretary of 
the Treasury, the Secretary of State shall not 
issue a passport to any individual who has a se-
riously delinquent tax debt described in such sec-
tion. 
(B) EMERGENCY AND HUMANITARIAN SITU-
ATIONS.—Notwithstanding 
subparagraph 
(A), 
the Secretary of State may issue a passport, in 
emergency circumstances or for humanitarian
905 
† HR 22 EAS 
reasons, to an individual described in such sub-
paragraph. 
(2) REVOCATION.— 
(A) IN GENERAL.—The Secretary of State 
may revoke a passport previously issued to any 
individual described in paragraph (1)(A). 
(B) LIMITATION FOR RETURN TO UNITED 
STATES.—If the Secretary of State decides to re-
voke a passport under subparagraph (A), the 
Secretary of State, before revocation, may— 
(i) limit a previously issued passport 
only for return travel to the United States; 
or 
(ii) issue a limited passport that only 
permits return travel to the United States. 
(3) HOLD
HARMLESS.—The Secretary of the 
Treasury and the Secretary of State shall not be lia-
ble to an individual for any action with respect to a 
certification by the Commissioner of Internal Revenue 
under section 7345 of the Internal Revenue Code of 
1986. 
(e) REVOCATION OR DENIAL OF PASSPORT IN CASE OF 
INDIVIDUAL WITHOUT SOCIAL SECURITY ACCOUNT NUM-
BER.— 
(1) DENIAL.—
906 
† HR 22 EAS 
(A) IN
GENERAL.—Except as provided 
under subparagraph (B), upon receiving an ap-
plication for a passport from an individual that 
either— 
(i) does not include the social security 
account number issued to that individual, 
or 
(ii) includes an incorrect or invalid so-
cial 
security 
number 
willfully, 
inten-
tionally, negligently, or recklessly provided 
by such individual, 
the Secretary of State is authorized to deny such 
application and is authorized to not issue a 
passport to the individual. 
(B) EMERGENCY AND HUMANITARIAN SITU-
ATIONS.—Notwithstanding 
subparagraph 
(A), 
the Secretary of State may issue a passport, in 
emergency circumstances or for humanitarian 
reasons, to an individual described in subpara-
graph (A). 
(2) REVOCATION.— 
(A) IN GENERAL.—The Secretary of State 
may revoke a passport previously issued to any 
individual described in paragraph (1)(A).
907 
† HR 22 EAS 
(B) LIMITATION FOR RETURN TO UNITED 
STATES.—If the Secretary of State decides to re-
voke a passport under subparagraph (A), the 
Secretary of State, before revocation, may— 
(i) limit a previously issued passport 
only for return travel to the United States; 
or 
(ii) issue a limited passport that only 
permits return travel to the United States. 
(f) EFFECTIVE DATE.—The provisions of, and amend-
ments made by, this section shall take effect on January 
1, 2016. 
SEC. 52103. CLARIFICATION OF 6-YEAR STATUTE OF LIMITA-
TIONS IN CASE OF OVERSTATEMENT OF 
BASIS. 
(a) IN
GENERAL.—Subparagraph (B) of section 
6501(e)(1) of the Internal Revenue Code of 1986 is amend-
ed— 
(1) by striking ‘‘and’’ at the end of clause (i), by 
redesignating clause (ii) as clause (iii), and by insert-
ing after clause (i) the following new clause: 
‘‘(ii) An understatement of gross in-
come by reason of an overstatement of unre-
covered cost or other basis is an omission 
from gross income; and’’,
908 
† HR 22 EAS 
(2) by inserting ‘‘(other than in the case of an 
overstatement of unrecovered cost or other basis)’’ in 
clause (iii) (as so redesignated) after ‘‘In determining 
the amount omitted from gross income’’, and 
(3) by inserting ‘‘AMOUNT OMITTED FROM’’ after 
‘‘DETERMINATION OF’’ in the heading thereof. 
(b) EFFECTIVE DATE.—The amendments made by this 
section shall apply to— 
(1) returns filed after the date of the enactment 
of this Act, and 
(2) returns filed on or before such date if the pe-
riod specified in section 6501 of the Internal Revenue 
Code of 1986 (determined without regard to such 
amendments) for assessment of the taxes with respect 
to which such return relates has not expired as of 
such date. 
SEC. 52104. ADDITIONAL INFORMATION ON RETURNS RE-
LATING TO MORTGAGE INTEREST. 
(a) IN GENERAL.—Paragraph (2) of section 6050H(b) 
of the Internal Revenue Code of 1986 is amended by strik-
ing ‘‘and’’ at the end of subparagraph (C), by redesignating 
subparagraph (D) as subparagraph (G), and by inserting 
after subparagraph (C) the following new subparagraphs:
909 
† HR 22 EAS 
‘‘(D) the amount of outstanding principal 
on the mortgage as of the beginning of such cal-
endar year, 
‘‘(E) the address of the property securing 
such mortgage, 
‘‘(F) the date of the origination of such 
mortgage, and’’. 
(b) PAYEE STATEMENTS.—Subsection (d) of section 
6050H of the Internal Revenue Code of 1986 is amended 
by striking ‘‘and’’ at the end of paragraph (1), by striking 
the period at the end of paragraph (2) and inserting ‘‘, 
and’’, and by inserting after paragraph (2) the following 
new paragraph: 
‘‘(3) the information required to be included on 
the return under subparagraphs (D), (E), and (F) of 
subsection (b)(2).’’. 
(c) EFFECTIVE DATE.—The amendments made by this 
section shall apply to returns and statements the due date 
for which (determined without regard to extensions) is after 
December 31, 2016. 
SEC. 52105. RETURN DUE DATE MODIFICATIONS. 
(a) NEW DUE DATE FOR PARTNERSHIP FORM 1065, 
S CORPORATION FORM 1120S, AND C CORPORATION FORM 
1120.— 
(1) PARTNERSHIPS.—
910 
† HR 22 EAS 
(A) IN GENERAL.—Section 6072 of the In-
ternal Revenue Code of 1986 is amended by add-
ing at the end the following new subsection: 
‘‘(f) RETURNS OF PARTNERSHIPS.—Returns of part-
nerships under section 6031 made on the basis of the cal-
endar year shall be filed on or before the 15th day of March 
following the close of the calendar year, and such returns 
made on the basis of a fiscal year shall be filed on or before 
the 15th day of the third month following the close of the 
fiscal year.’’. 
(B) 
CONFORMING
AMENDMENT.—Section 
6072(a) of such Code is amended by striking 
‘‘6017, or 6031’’ and inserting ‘‘or 6017’’. 
(2) S CORPORATIONS.— 
(A) IN GENERAL.—So much of subsection 
(b) of section 6072 of the Internal Revenue Code 
of 1986 as precedes the second sentence thereof is 
amended to read as follows: 
‘‘(b) RETURNS OF CERTAIN CORPORATIONS.—Returns 
of S corporations under sections 6012 and 6037 made on 
the basis of the calendar year shall be filed on or before 
the 31st day of March following the close of the calendar 
year, and such returns made on the basis of a fiscal year 
shall be filed on or before the last day of the third month 
following the close of the fiscal year.’’.
911 
† HR 22 EAS 
(B) CONFORMING AMENDMENTS.— 
(i) Section 1362(b) of such Code is 
amended— 
(I) by striking ‘‘15th’’ each place 
it appears and inserting ‘‘last’’, 
(II) by striking ‘‘21⁄2’’ each place 
it appears in the headings and the text 
and inserting ‘‘3’’, and 
(III) by striking ‘‘2 months and 
15 days’’ in paragraph (4) and insert-
ing ‘‘3 months’’. 
(ii) Section 1362(d)(1)(C)(i) of such 
Code is amended by striking ‘‘15th’’ and in-
serting ‘‘last’’. 
(iii) Section 1362(d)(1)(C)(ii) of such 
Code is amended by striking ‘‘such 15th 
day’’ and inserting ‘‘the last day of the 3d 
month thereof’’. 
(3) CONFORMING AMENDMENTS RELATING TO C 
CORPORATIONS.— 
(A) Section 170(a)(2)(B) of such Code is 
amended by striking ‘‘third month’’ and insert-
ing ‘‘4th month’’.
912 
† HR 22 EAS 
(B) Section 563 of such Code is amended by 
striking ‘‘third month’’ each place it appears 
and inserting ‘‘4th month’’. 
(C) Section 1354(d)(1)(B)(i) of such Code is 
amended by striking ‘‘3d month’’ and inserting 
‘‘4th month’’. 
(D) Subsection (a) and (c) of section 6167 
of such Code are each amended by striking 
‘‘third month’’ and inserting ‘‘4th month’’. 
(E) Section 6425(a)(1) of such Code is 
amended by striking ‘‘third month’’ and insert-
ing ‘‘4th month’’. 
(F) Section 6655 of such Code is amend-
ed— 
(i) by striking ‘‘3rd month’’ each place 
it appears in subsections (b)(2)(A), (g)(3), 
and (h)(1) and inserting ‘‘4th month’’, and 
(ii) in subsection (g)(4), by redesig-
nating subparagraph (E) as subparagraph 
(F) and by inserting after subparagraph 
(D) the following new subparagraph: 
‘‘(E) Subsection (b)(2)(A) shall be applied 
by substituting ‘the last day of the 3rd month’ 
for ‘the 15th day of the 4th month’.’’. 
(4) EFFECTIVE DATES.—
913 
† HR 22 EAS 
(A) IN GENERAL.—Except as otherwise pro-
vided in this paragraph, the amendments made 
by this subsection shall apply to returns for tax-
able years beginning after December 31, 2015. 
(B) CONFORMING
AMENDMENTS
RELATING 
TO S CORPORATIONS.—The amendments made by 
paragraph (2)(B) shall apply with respect to 
elections for taxable years beginning after De-
cember 31, 2015. 
(C) CONFORMING
AMENDMENTS
RELATING 
TO C CORPORATIONS.—The amendments made by 
paragraph (3) shall apply to taxable years be-
ginning after December 31, 2015. 
(5) SPECIAL RULE FOR CERTAIN C CORPORATION 
IN 2025.—In the case of a taxable year of a C Cor-
poration ending on June 30, 2025, section 6072(a) of 
the Internal Revenue Code of 1986 shall be applied by 
substituting ‘‘third month’’ for ‘‘fourth month’’. 
(b) MODIFICATION OF DUE DATES BY REGULATION.— 
In the case of returns for any taxable period beginning after 
December 31, 2015, the Secretary of the Treasury or the 
Secretary’s delegate shall modify appropriate regulations to 
provide as follows: 
(1) The maximum extension for the returns of 
partnerships filing Form 1065 shall be a 6-month pe-
914 
† HR 22 EAS 
riod beginning on the due date for filing the return 
(without regard to any extensions). 
(2) The maximum extension for the returns of 
trusts and estates filing Form 1041 shall be a 51⁄2- 
month period beginning on the due date for filing the 
return (without regard to any extensions). 
(3) The maximum extension for the returns of 
employee benefit plans filing Form 5500 shall be an 
automatic 31⁄2-month period beginning on the due 
date for filing the return (without regard to any ex-
tensions). 
(4) The maximum extension for the Forms 990 
(series) returns of organizations exempt from income 
tax shall be an automatic 6-month period beginning 
on the due date for filing the return (without regard 
to any extensions). 
(5) The maximum extension for the returns of 
organizations exempt from income tax that are re-
quired to file Form 4720 returns of excise taxes shall 
be an automatic 6-month period beginning on the due 
date for filing the return (without regard to any ex-
tensions). 
(6) The maximum extension for the returns of 
trusts required to file Form 5227 shall be an auto-
915 
† HR 22 EAS 
matic 6-month period beginning on the due date for 
filing the return (without regard to any extensions). 
(7) The maximum extension for filing Form 
6069, Return of Excise Tax on Excess Contributions 
to Black Lung Benefit Trust Under Section 4953 and 
Computation of Section 192 Deduction, shall be an 
automatic 6-month period beginning on the due date 
for filing the return (without regard to any exten-
sions). 
(8) The maximum extension for a taxpayer re-
quired to file Form 8870 shall be an automatic 6- 
month period beginning on the due date for filing the 
return (without regard to any extensions). 
(9) The due date of Form 3520–A, Annual Infor-
mation Return of a Foreign Trust with a United 
States Owner, shall be the 15th day of the 3rd month 
after the close of the trust’s taxable year, and the 
maximum extension shall be a 6-month period begin-
ning on such day. 
(10) The due date of FinCEN Form 114 (relat-
ing to Report of Foreign Bank and Financial Ac-
counts) shall be April 15 with a maximum extension 
for a 6-month period ending on October 15, and with 
provision for an extension under rules similar to the 
rules of 26 C.F.R. 1.6081–5. For any taxpayer re-
916 
† HR 22 EAS 
quired to file such form for the first time, the Sec-
retary of the Treasury may waive any penalty for 
failure to timely request or file an extension. 
(11) Taxpayers filing Form 3520, Annual Re-
turn to Report Transactions with Foreign Trusts and 
Receipt of Certain Foreign Gifts, shall be allowed to 
extend the time for filing such form separately from 
the income tax return of the taxpayer, for an auto-
matic 6-month period beginning on the due date for 
filing the return (without regard to any extensions). 
(c) CORPORATIONS PERMITTED STATUTORY AUTO-
MATIC 6-MONTH EXTENSION OF INCOME TAX RETURNS.— 
(1) IN GENERAL.—Section 6081(b) of the Inter-
nal Revenue Code of 1986 is amended by striking ‘‘3 
months’’ and inserting ‘‘6 months’’. 
(2) EFFECTIVE DATE.—The amendments made 
by this subsection shall apply to returns for taxable 
years beginning after December 31, 2015. 
(3) SPECIAL RULE FOR CERTAIN C CORPORA-
TIONS IN 2024.—In the case of any taxable year of a 
C corporation ending on December 31, 2024, sub-
sections (a) and (b) of section 6081 of the Internal 
Revenue Code of 1986 shall each be applied to returns 
of income taxes under subtitle A by substituting ‘‘5 
months’’ for ‘‘6 months’’.
917 
† HR 22 EAS 
SEC. 52106. REFORM OF RULES RELATING TO QUALIFIED 
TAX COLLECTION CONTRACTS. 
(a) REQUIREMENT TO COLLECT CERTAIN INACTIVE 
TAX RECEIVABLES UNDER QUALIFIED TAX COLLECTION 
CONTRACTS.—Section 6306 of the Internal Revenue Code 
of 1986 is amended by redesignating subsections (c) through 
(f) as subsections (d) through (g), respectively, and by in-
serting after subsection (b) the following new subsection: 
‘‘(c) COLLECTION OF INACTIVE TAX RECEIVABLES.— 
‘‘(1) IN GENERAL.—Notwithstanding any other 
provision of law, the Secretary shall enter into one or 
more qualified tax collection contracts for the collec-
tion of all outstanding inactive tax receivables. 
‘‘(2) INACTIVE TAX RECEIVABLES.—For purposes 
of this section— 
‘‘(A) IN GENERAL.—The term ‘inactive tax 
receivable’ means any tax receivable if— 
‘‘(i) at any time after assessment, the 
Internal Revenue Service removes such re-
ceivable from the active inventory for lack of 
resources or inability to locate the taxpayer, 
‘‘(ii) more than 1⁄3 of the period of the 
applicable statute of limitation has lapsed 
and such receivable has not been assigned 
for collection to any employee of the Inter-
nal Revenue Service, or
918 
† HR 22 EAS 
‘‘(iii) in the case of a receivable which 
has been assigned for collection, more than 
365 days have passed without interaction 
with the taxpayer or a third party for pur-
poses of furthering the collection of such re-
ceivable. 
‘‘(B) TAX RECEIVABLE.—The term ‘tax re-
ceivable’ means any outstanding assessment 
which the Internal Revenue Service includes in 
potentially collectible inventory.’’. 
(b) CERTAIN TAX RECEIVABLES NOT ELIGIBLE FOR 
COLLECTION UNDER QUALIFIED TAX COLLECTION CON-
TRACTS.—Section 6306 of the Internal Revenue Code of 
1986, as amended by subsection (a), is amended by redesig-
nating subsections (d) through (g) as subsections (e) through 
(h), respectively, and by inserting after subsection (c) the 
following new subsection: 
‘‘(d) CERTAIN TAX RECEIVABLES NOT ELIGIBLE FOR 
COLLECTION UNDER QUALIFIED TAX COLLECTIONS CON-
TRACTS.—A tax receivable shall not be eligible for collection 
pursuant to a qualified tax collection contract if such re-
ceivable— 
‘‘(1) is subject to a pending or active offer-in- 
compromise or installment agreement, 
‘‘(2) is classified as an innocent spouse case,
919 
† HR 22 EAS 
‘‘(3) involves a taxpayer identified by the Sec-
retary as being— 
‘‘(A) deceased, 
‘‘(B) under the age of 18, 
‘‘(C) in a designated combat zone, or 
‘‘(D) a victim of tax-related identity theft, 
‘‘(4) is currently under examination, litigation, 
criminal investigation, or levy, or 
‘‘(5) is currently subject to a proper exercise of 
a right of appeal under this title.’’. 
(c) CONTRACTING PRIORITY.—Section 6306 of the In-
ternal Revenue Code of 1986, as amended by the preceding 
provisions of this section, is amended by redesignating sub-
section (h) as subsection (i) and by inserting after sub-
section (g) the following new subsection: 
‘‘(h) CONTRACTING PRIORITY.—In contracting for the 
services of any person under this section, the Secretary shall 
utilize private collection contractors and debt collection cen-
ters on the schedule required under section 3711(g) of title 
31, United States Code, including the technology and com-
munications infrastructure established therein, to the extent 
such private collection contractors and debt collection cen-
ters are appropriate to carry out the purposes of this sec-
tion.’’.
920 
† HR 22 EAS 
(d) DISCLOSURE OF RETURN INFORMATION.—Section 
6103(k) of the Internal Revenue Code of 1986 is amended 
by adding at the end the following new paragraph: 
‘‘(11) QUALIFIED
TAX
COLLECTION
CONTRAC-
TORS.—Persons providing services pursuant to a 
qualified tax collection contract under section 6306 
may, if speaking to a person who has identified him-
self or herself as having the name of the taxpayer to 
which a tax receivable (within the meaning of such 
section) relates, identify themselves as contractors of 
the Internal Revenue Service and disclose the business 
name of the contractor, and the nature, subject, and 
reason for the contact. Disclosures under this para-
graph shall be made only in such situations and 
under such conditions as have been approved by the 
Secretary.’’. 
(e) TAXPAYERS AFFECTED BY FEDERALLY DECLARED 
DISASTERS.—Section 6306 of the Internal Revenue Code of 
1986, as amended by the preceding provisions of this sec-
tion, is amended by redesignating subsection (i) as sub-
section (j) and by inserting after subsection (h) the fol-
lowing new subsection: 
‘‘(i) TAXPAYERS IN PRESIDENTIALLY DECLARED DIS-
ASTER AREAS.—The Secretary may prescribe procedures 
under which a taxpayer determined to be affected by a Fed-
921 
† HR 22 EAS 
erally declared disaster (as defined by section 165(i)(5)) 
may request— 
‘‘(1) relief from immediate collection measures by 
contractors under this section, and 
‘‘(2) a return of the inactive tax receivable to the 
inventory of the Internal Revenue Service to be col-
lected by an employee thereof.’’. 
(f) REPORT TO CONGRESS.— 
(1) IN GENERAL.—Section 6306 of the Internal 
Revenue Code of 1986, as amended by the preceding 
provisions of this section, is amended by redesig-
nating subsection (j) as subsection (k) and by insert-
ing after subsection (i) the following new subsection: 
‘‘(j) REPORT TO CONGRESS.—Not later than 90 days 
after the last day of each fiscal year (beginning with the 
first such fiscal year ending after the date of the enactment 
of this subsection), the Secretary shall submit to the Com-
mittee on Ways and Means of the House of Representatives 
and the Committee on Finance of the Senate a report with 
respect to qualified tax collection contracts under this sec-
tion which shall include— 
‘‘(1) annually, with respect to such fiscal year— 
‘‘(A) the total number and amount of tax 
receivables provided to each contractor for collec-
tion under this section,
922 
† HR 22 EAS 
‘‘(B) the total amounts collected (and 
amounts of installment agreements entered into 
under subsection (b)(1)(B)) with respect to each 
contractor and the collection costs incurred (di-
rectly and indirectly) by the Internal Revenue 
Service with respect to such amounts, 
‘‘(C) the impact of such contracts on the 
total number and amount of unpaid assessments, 
and on the number and amount of assessments 
collected by Internal Revenue Service personnel 
after initial contact by a contractor, 
‘‘(D) the amount of fees retained by the Sec-
retary under subsection (e) and a description of 
the use of such funds, and 
‘‘(E) a disclosure safeguard report in a 
form similar to that required under section 
6103(p)(5), and 
‘‘(2) biannually (beginning with the second re-
port submitted under this subsection)— 
‘‘(A) an independent evaluation of con-
tractor performance, and 
‘‘(B) a measurement plan that includes a 
comparison of the best practices used by the pri-
vate collectors to the collection techniques used by 
the Internal Revenue Service and mechanisms to
923 
† HR 22 EAS 
identify and capture information on successful 
collection techniques used by the contractors that 
could be adopted by the Internal Revenue Serv-
ice.’’. 
(2) REPEAL OF EXISTING REPORTING REQUIRE-
MENTS WITH RESPECT TO QUALIFIED TAX COLLEC-
TION CONTRACTS.—Section 881 of the American Jobs 
Creation Act of 2004 is amended by striking sub-
section (e). 
(g) EFFECTIVE DATES.— 
(1) IN
GENERAL.—The amendments made by 
subsections (a) and (b) shall apply to tax receivables 
identified by the Secretary after the date of the enact-
ment of this Act. 
(2) CONTRACTING
PRIORITY.—The Secretary 
shall begin entering into contracts and agreements as 
described in the amendment made by subsection (c) 
within 3 months after the date of the enactment of 
this Act. 
(3) DISCLOSURES.—The amendment made by 
subsection (d) shall apply to disclosures made after 
the date of the enactment of this Act. 
(4) PROCEDURES; REPORT TO CONGRESS.—The 
amendments made by subsections (e) and (f) shall 
take effect on the date of the enactment of this Act.
924 
† HR 22 EAS 
SEC. 52107. SPECIAL COMPLIANCE PERSONNEL PROGRAM. 
(a) IN GENERAL.—Subsection (e) of section 6306 of 
the Internal Revenue Code of 1986, as redesignated by sec-
tion 52106, is amended by striking ‘‘for collection enforce-
ment activities of the Internal Revenue Service’’ in para-
graph (2) and inserting ‘‘to fund the special compliance 
personnel program account under section 6307’’. 
(b) SPECIAL COMPLIANCE PERSONNEL PROGRAM AC-
COUNT.—Subchapter A of chapter 64 of the Internal Rev-
enue Code of 1986 is amended by adding at the end the 
following new section: 
‘‘SEC. 6307. SPECIAL COMPLIANCE PERSONNEL PROGRAM 
ACCOUNT. 
‘‘(a) ESTABLISHMENT
OF
A SPECIAL COMPLIANCE 
PERSONNEL PROGRAM ACCOUNT.—The Secretary shall es-
tablish an account within the Department for carrying out 
a program consisting of the hiring, training, and employ-
ment of special compliance personnel, and shall transfer to 
such account from time to time amounts retained by the 
Secretary under section 6306(e)(2). 
‘‘(b) RESTRICTIONS.—The program described in sub-
section (a) shall be subject to the following restrictions: 
‘‘(1) No funds shall be transferred to such ac-
count except as described in subsection (a). 
‘‘(2) No other funds from any other source shall 
be expended for special compliance personnel em-