539 
(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 
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) RAILROAD
CARRIER.—The term ‘‘railroad 
carrier’’ has the meaning given the term in section 
20102 of title 49, United States Code. 
(7) REPORT
DATE.—The term ‘‘report date’’ 
means the date that the reports under subsections 
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(a)(3) and (b)(1)(B) are required to be transmitted 
pursuant to those subsections. 
SEC. 7014. ENSURING SAFE IMPLEMENTATION OF POSITIVE 
TRAIN CONTROL SYSTEMS. 
(a) SHORT TITLE.—This section may be cited as the 
‘‘Positive Train Control Enforcement and Implementation 
Act of 2015’’. 
(b) IN GENERAL.—Section 20157 of title 49, United 
States Code, is amended— 
(1) in subsection (a)(1)— 
(A) by striking ‘‘18 months after the date of 
enactment of the Rail Safety Improvement Act of 
2008’’ and inserting ‘‘90 days after the date of 
enactment of the Positive Train Control Enforce-
ment and Implementation Act of 2015’’; 
(B) by striking ‘‘develop and’’; 
(C) by striking ‘‘a plan for implementing’’ 
and inserting ‘‘a revised plan for imple-
menting’’; 
(D) by striking ‘‘December 31, 2015’’ and 
inserting ‘‘December 31, 2018’’; and 
(E) in subparagraph (B) by striking 
‘‘parts’’ and inserting ‘‘sections’’; 
(2) by striking subsection (a)(2) and inserting 
the following: 
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‘‘(2) IMPLEMENTATION.— 
‘‘(A) CONTENTS OF REVISED PLAN.—A re-
vised plan required under paragraph (1) shall— 
‘‘(i) describe— 
‘‘(I) how the positive train control 
system will provide for interoperability 
of the system with the movements of 
trains of other railroad carriers over 
its lines; and 
‘‘(II) how, to the extent practical, 
the positive train control system will 
be implemented in a manner that ad-
dresses areas of greater risk before 
areas of lesser risk; 
‘‘(ii) comply with the positive train 
control system implementation plan content 
requirements under section 236.1011 of title 
49, Code of Federal Regulations; and 
‘‘(iii) provide— 
‘‘(I) the calendar year or years in 
which spectrum will be acquired and 
will be available for use in each area 
as needed for positive train control sys-
tem implementation, if such spectrum 
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is not already acquired and available 
for use; 
‘‘(II) the total amount of positive 
train control system hardware that 
will be installed for implementation, 
with totals separated by each major 
hardware category; 
‘‘(III) the total amount of positive 
train control system hardware that 
will be installed by the end of each cal-
endar year until the positive train con-
trol system is implemented, with totals 
separated by each hardware category; 
‘‘(IV) the total number of employ-
ees required to receive training under 
the applicable positive train control 
system regulations; 
‘‘(V) the total number of employ-
ees that will receive the training, as re-
quired under the applicable positive 
train control system regulations, by the 
end of each calendar year until the 
positive train control system is imple-
mented; 
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‘‘(VI) a summary of any remain-
ing technical, programmatic, oper-
ational, or other challenges to the im-
plementation of a positive train control 
system, including challenges with— 
‘‘(aa) availability of public 
funding; 
‘‘(bb) interoperability; 
‘‘(cc) spectrum; 
‘‘(dd) software; 
‘‘(ee) permitting; and 
‘‘(ff) testing, demonstration, 
and certification; and 
‘‘(VII) a schedule and sequence for 
implementing a positive train control 
system by the deadline established 
under paragraph (1). 
‘‘(B) ALTERNATIVE
SCHEDULE
AND
SE-
QUENCE.—Notwithstanding the implementation 
deadline under paragraph (1) and in lieu of a 
schedule 
and 
sequence 
under 
paragraph 
(2)(A)(iii)(VII), a railroad carrier or other enti-
ty subject to paragraph (1) may include in its 
revised plan an alternative schedule and se-
quence for implementing a positive train control 
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system, subject to review under paragraph (3). 
Such schedule and sequence shall provide for im-
plementation of a positive train control system 
as soon as practicable, but not later than the 
date that is 24 months after the implementation 
deadline under paragraph (1). 
‘‘(C) AMENDMENTS.—A railroad carrier or 
other entity subject to paragraph (1) may file a 
request to amend a revised plan, including any 
alternative schedule and sequence, as applicable, 
in accordance with section 236.1021 of title 49, 
Code of Federal Regulations. 
‘‘(D) COMPLIANCE.—A railroad carrier or 
other entity subject to paragraph (1) shall imple-
ment a positive train control system in accord-
ance with its revised plan, including any 
amendments or any alternative schedule and se-
quence approved by the Secretary under para-
graph (3). 
‘‘(3) SECRETARIAL REVIEW.— 
‘‘(A) NOTIFICATION.—A railroad carrier or 
other entity that submits a revised plan under 
paragraph (1) and proposes an alternative 
schedule and sequence under paragraph (2)(B) 
shall submit to the Secretary a written notifica-
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‘‘(iv) included in its revised plan an 
alternative schedule and sequence for imple-
menting a positive train control system as 
soon as practicable, pursuant to paragraph 
(2)(B); 
‘‘(v) certified to the Secretary in writ-
ing that it will be in full compliance with 
the requirements of this section on or before 
the date provided in an alternative schedule 
and sequence, subject to approval by the 
Secretary; 
‘‘(vi) in the case of a Class I railroad 
carrier and Amtrak, implemented a positive 
train control system or initiated revenue 
service demonstration on the majority of 
territories, such as subdivisions or districts, 
or route miles that are owned or controlled 
by such carrier and required to have oper-
ations governed by a positive train control 
system; and 
‘‘(vii) in the case of any other railroad 
carrier or other entity not subject to clause 
(vi)— 
‘‘(I) initiated revenue service dem-
onstration on at least 1 territory that 
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is required to have operations governed 
by a positive train control system; or 
‘‘(II) met any other criteria estab-
lished by the Secretary. 
‘‘(C) DECISION.— 
‘‘(i) IN GENERAL.—Not later than 90 
days after the receipt of the notification 
from a railroad carrier or other entity 
under subparagraph (A), the Secretary 
shall— 
‘‘(I) approve an alternative sched-
ule and sequence submitted pursuant 
to paragraph (2)(B) if the railroad 
carrier or other entity meets the cri-
teria in subparagraph (B); and 
‘‘(II) notify in writing the rail-
road carrier or other entity of the deci-
sion. 
‘‘(ii) DEFICIENCIES.—Not later than 
45 days after the receipt of the notification 
under subparagraph (A), the Secretary shall 
provide to the railroad carrier or other enti-
ty a written notification of any deficiencies 
that would prevent approval under clause 
(i) and provide the railroad carrier or other 
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entity an opportunity to correct deficiencies 
before the date specified in such clause. 
‘‘(D) REVISED DEADLINES.— 
‘‘(i) PENDING REVIEWS.—For a rail-
road carrier or other entity that submits a 
notification under subparagraph (A), the 
deadline for implementation of a positive 
train control system required under para-
graph (1) shall be extended until the date 
on which the Secretary approves or dis-
approves the alternative schedule and se-
quence, if such date is later than the imple-
mentation date under paragraph (1). 
‘‘(ii) ALTERNATIVE SCHEDULE AND SE-
QUENCE DEADLINE.—If the Secretary ap-
proves a railroad carrier or other entity’s 
alternative schedule and sequence under 
subparagraph (C)(i), the railroad carrier or 
other entity’s deadline for implementation 
of a positive train control system required 
under paragraph (1) shall be the date speci-
fied in that railroad carrier or other enti-
ty’s alternative schedule and sequence. The 
Secretary may not approve a date for im-
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plementation that is later than 24 months 
from the deadline in paragraph (1).’’; 
(3) by striking subsections (c), (d), and (e) and 
inserting the following: 
‘‘(c) PROGRESS REPORTS AND REVIEW.— 
‘‘(1) PROGRESS REPORTS.—Each railroad car-
rier or other entity subject to subsection (a) shall, not 
later than March 31, 2016, and annually thereafter 
until such carrier or entity has completed implemen-
tation of a positive train control system, submit to 
the Secretary a report on the progress toward imple-
menting such systems, including— 
‘‘(A) the information on spectrum acquisi-
tion 
provided 
pursuant 
to 
subsection 
(a)(2)(A)(iii)(I); 
‘‘(B) the totals provided pursuant to sub-
clauses (III) and (V) of subsection (a)(2)(A)(iii), 
by territory, if applicable; 
‘‘(C) the extent to which the railroad carrier 
or other entity is complying with the implemen-
tation 
schedule 
under 
subsection 
(a)(2)(A)(iii)(VII) or subsection (a)(2)(B); 
‘‘(D) any update to the information pro-
vided under subsection (a)(2)(A)(iii)(VI); 
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‘‘(E) for each entity providing regularly 
scheduled intercity or commuter rail passenger 
transportation, a description of the resources 
identified and allocated to implement a positive 
train control system; 
‘‘(F) for each railroad carrier or other enti-
ty subject to subsection (a), the total number of 
route miles on which a positive train control sys-
tem has been initiated for revenue service dem-
onstration or implemented, as compared to the 
total number of route miles required to have a 
positive train control system under subsection 
(a); and 
‘‘(G) any other information requested by the 
Secretary. 
‘‘(2) PLAN REVIEW.—The Secretary shall at least 
annually conduct reviews to ensure that railroad car-
riers or other entities are complying with the revised 
plan submitted under subsection (a), including any 
amendments or any alternative schedule and sequence 
approved by the Secretary. Such railroad carriers or 
other entities shall provide such information as the 
Secretary determines necessary to adequately conduct 
such reviews. 
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‘‘(3) PUBLIC AVAILABILITY.—Not later than 60 
days after receipt, the Secretary shall make available 
to the public on the Internet Web site of the Depart-
ment of Transportation any report submitted pursu-
ant to paragraph (1) or subsection (d), but may ex-
clude, as the Secretary determines appropriate— 
‘‘(A) proprietary information; and 
‘‘(B) security-sensitive information, includ-
ing information described in section 1520.5(a) of 
title 49, Code of Federal Regulations. 
‘‘(d) REPORT TO CONGRESS.—Not later than July 1, 
2018, the Secretary shall transmit to the Committee on 
Transportation and Infrastructure of the House of Rep-
resentatives and the Committee on Commerce, Science, and 
Transportation of the Senate a report on the progress of 
each railroad carrier or other entity subject to subsection 
(a) in implementing a positive train control system. 
‘‘(e) ENFORCEMENT.—The Secretary is authorized to 
assess civil penalties pursuant to chapter 213 for— 
‘‘(1) a violation of this section; 
‘‘(2) the failure to submit or comply with the re-
vised plan required under subsection (a), including 
the failure to comply with the totals provided pursu-
ant to subclauses (III) and (V) of subsection 
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(a)(2)(A)(iii) and the spectrum acquisition dates pro-
vided pursuant to subsection (a)(2)(A)(iii)(I); 
‘‘(3) failure to comply with any amendments to 
such revised plan pursuant to subsection (a)(2)(C); 
and 
‘‘(4) the failure to comply with an alternative 
schedule and sequence submitted under subsection 
(a)(2)(B) and approved by the Secretary under sub-
section (a)(3)(C).’’; 
(4) in subsection (h)— 
(A) by striking ‘‘The Secretary’’ and insert-
ing the following: 
‘‘(1) IN GENERAL.—The Secretary’’; and 
(B) by adding at the end the following: 
‘‘(2) 
PROVISIONAL
OPERATION.—Notwith-
standing the requirements of paragraph (1), the Sec-
retary may authorize a railroad carrier or other enti-
ty to commence operation in revenue service of a posi-
tive train control system or component to the extent 
necessary to enable the safe implementation and oper-
ation of a positive train control system in phases.’’; 
(5) in subsection (i)— 
(A) 
by 
redesignating 
paragraphs 
(1) 
through (3) as paragraphs (3) through (5), re-
spectively; and 
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(B) by inserting before paragraph (3) (as so 
redesignated) the following: 
‘‘(1) EQUIVALENT OR GREATER LEVEL OF SAFE-
TY.—The term ‘equivalent or greater level of safety’ 
means the compliance of a railroad carrier with— 
‘‘(A) appropriate operating rules in place 
immediately prior to the use or implementation 
of such carrier’s positive train control system, 
except that such rules may be changed by such 
carrier to improve safe operations; and 
‘‘(B) all applicable safety regulations, ex-
cept as specified in subsection (j). 
‘‘(2) HARDWARE.—The term ‘hardware’ means a 
locomotive apparatus, a wayside interface unit (in-
cluding any associated legacy signal system replace-
ments), switch position monitors needed for a positive 
train control system, physical back office system 
equipment, a base station radio, a wayside radio, a 
locomotive radio, or a communication tower or pole.’’; 
and 
(6) by adding at the end the following: 
‘‘(j) EARLY ADOPTION.— 
‘‘(1) OPERATIONS.—From the date of enactment 
of the Positive Train Control Enforcement and Imple-
mentation Act of 2015 through the 1-year period be-
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ginning on the date on which the last Class I railroad 
carrier’s positive train control system subject to sub-
section (a) is certified by the Secretary under sub-
section (h)(1) of this section and is implemented on 
all of that railroad carrier’s lines required to have op-
erations governed by a positive train control system, 
any railroad carrier, including any railroad carrier 
that has its positive train control system certified by 
the Secretary, shall not be subject to the operational 
restrictions set forth in sections 236.567 and 236.1029 
of title 49, Code of Federal Regulations, that would 
apply where a controlling locomotive that is operating 
in, or is to be operated in, a positive train control- 
equipped track segment experiences a positive train 
control system failure, a positive train control oper-
ated consist is not provided by another railroad car-
rier when provided in interchange, or a positive train 
control system otherwise fails to initialize, cuts out, 
or malfunctions, provided that such carrier operates 
at an equivalent or greater level of safety than the 
level achieved immediately prior to the use or imple-
mentation of its positive train control system. 
‘‘(2) SAFETY
ASSURANCE.—During the period 
described in paragraph (1), if a positive train control 
system that has been certified and implemented fails 
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to initialize, cuts out, or malfunctions, the affected 
railroad carrier or other entity shall make reasonable 
efforts to determine the cause of the failure and ad-
just, repair, or replace any faulty component causing 
the system failure in a timely manner. 
‘‘(3) PLANS.—The positive train control safety 
plan for each railroad carrier or other entity shall de-
scribe the safety measures, such as operating rules 
and actions to comply with applicable safety regula-
tions, that will be put in place during any system 
failure. 
‘‘(4) NOTIFICATION.—During the period de-
scribed in paragraph (1), if a positive train control 
system that has been certified and implemented fails 
to initialize, cuts out, or malfunctions, the affected 
railroad carrier or other entity shall submit a notifi-
cation to the appropriate regional office of the Fed-
eral Railroad Administration within 7 days of the 
system failure, or under alternative location and 
deadline requirements set by the Secretary, and in-
clude in the notification a description of the safety 
measures the affected railroad carrier or other entity 
has in place. 
‘‘(k) SMALL RAILROADS.—Not later than 120 days 
after the date of the enactment of this Act, the Secretary 
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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 
under such section by 3 years. 
‘‘(l) REVENUE SERVICE DEMONSTRATION.—When a 
railroad carrier or other entity subject to (a)(1) notifies the 
Secretary it is prepared to initiate revenue service dem-
onstration, it shall also notify any applicable tenant rail-
road carrier or other entity subject to subsection (a)(1).’’. 
(c) CONFORMING AMENDMENT.—Section 20157(g), is 
amended— 
(1) by striking ‘‘The Secretary’’ and inserting 
the following: 
‘‘(1) IN GENERAL.—The Secretary’’; and 
(2) by adding at the end the following: 
‘‘(2) CONFORMING REGULATORY AMENDMENTS.— 
Immediately after the date of the enactment of the 
Positive Train Control Enforcement and Implementa-
tion Act of 2015, the Secretary— 
‘‘(A) shall remove or revise the date-specific 
deadlines in the regulations or orders imple-
menting this section to the extent necessary to 
conform with the amendments made by such Act; 
and 
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‘‘(B) may not enforce any such date-specific 
deadlines or requirements that are inconsistent 
with the amendments made by such Act. 
‘‘(3) REVIEW.—Nothing in the Positive Train 
Control Enforcement and Implementation Act of 
2015, or the amendments made by such Act, shall be 
construed to require the Secretary to issue regulations 
to implement such Act or amendments other than the 
regulatory amendments required by paragraph (2) 
and subsection (k).’’. 
SEC. 7015. PHASE-OUT OF ALL TANK CARS USED TO TRANS-
PORT CLASS 3 FLAMMABLE LIQUIDS. 
(a) IN GENERAL.—Except as provided for in sub-
section (b), beginning on the date of enactment of this Act, 
all railroad tank cars used to transport Class 3 flammable 
liquids shall meet the DOT–117 or DOT–117R specifica-
tions in part 179 of title 49, Code of Federal Regulations, 
regardless of train composition. 
(b) PHASE-OUT SCHEDULE.—Certain tank cars not 
meeting DOT–117 or DOT–117R specifications on the date 
of enactment of this Act may be used, regardless of train 
composition, until the following end-dates: 
(1) For transport of unrefined petroleum prod-
ucts in Class 3 flammable service, including crude 
oil— 
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(A) January 1, 2018, for non-jacketed 
DOT–111 tank cars; 
(B) March 1, 2018, for jacketed DOT–111 
tank cars; 
(C) April 1, 2020, for non-jacketed CPC– 
1232 tank cars; and 
(D) May 1, 2025, for jacketed CPC–1232 
tank cars. 
(2) For transport of ethanol— 
(A) May 1, 2023, for non-jacketed and jack-
eted DOT–111 tank cars; 
(B) July 1, 2023, for non-jacketed CPC– 
1232 tank cars; and 
(C) May 1, 2025, for jacketed CPC–1232 
tank cars. 
(3) For transport of Class 3 flammable liquids 
in Packing Group I, other than Class 3 flammable 
liquids specified in paragraphs (1) and (2), May 1, 
2025. 
(4) For transport of Class 3 flammable liquids 
in Packing Groups II and III, other than Class 3 
flammable liquids specified in paragraphs (1) and 
(2), May 1, 2029. 
(c) RETROFITTING SHOP CAPACITY.—The Secretary 
may extend the deadlines established under paragraphs (3) 
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and (4) of subsection (b) for a period not to exceed 2 years 
if the Secretary determines that insufficient retrofitting 
shop capacity will prevent the phase-out of tank cars not 
meeting the DOT–117 or DOT–117R specifications by the 
deadlines set forth in such paragraphs. 
(d) IMPLEMENTATION.—Nothing in this section shall 
be construed to require the Secretary to issue regulations 
to implement this section. 
(e) SAVINGS CLAUSE.—Nothing in this section shall be 
construed to prohibit the Secretary from implementing the 
final rule issued on May 08, 2015, entitled ‘‘Enhanced 
Tank Car Standards and Operational Controls for High- 
Hazard Flammable Trains’’ (80 Fed. Reg. 26643), other 
than the provisions of the final rule that are inconsistent 
with this section. 
(f) CLASS 3 FLAMMABLE LIQUID DEFINED.—In this 
section, the term ‘‘Class 3 flammable liquid’’ has the mean-
ing given the term flammable liquid in section 173.120(a) 
of title 49, Code of Federal Regulations. 
TITLE VIII—MULTIMODAL 
FREIGHT TRANSPORTATION 
SEC. 8001. MULTIMODAL FREIGHT TRANSPORTATION. 
(a) IN GENERAL.—Subtitle IX of title 49, United 
States Code, is amended to read as follows: 
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‘‘Subtitle IX—Multimodal Freight 
Transportation 
‘‘Chapter
Sec. 
‘‘701. Multimodal freight policy .....................................................................
70101 
‘‘702. Multimodal freight transportation planning and information .........
70201 
‘‘CHAPTER 701—MULTIMODAL FREIGHT 
POLICY 
‘‘Sec. 
‘‘70101. National multimodal freight policy. 
‘‘70102. National freight strategic plan. 
‘‘70103. National Multimodal Freight Network. 
‘‘§ 70101. National multimodal freight policy 
‘‘(a) IN GENERAL.—It is the policy of the United 
States to maintain and improve the condition and perform-
ance of the National Multimodal Freight Network estab-
lished under section 70103 to ensure that the Network pro-
vides a foundation for the United States to compete in the 
global economy and achieve the goals described in subsection 
(b). 
‘‘(b) GOALS.—The goals of the national multimodal 
freight policy are— 
‘‘(1) to identify infrastructure improvements, 
policies, and operational innovations that— 
‘‘(A) strengthen the contribution of the Na-
tional Multimodal Freight Network to the eco-
nomic competitiveness of the United States; 
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‘‘(B) reduce congestion and eliminate bottle-
necks on the National Multimodal Freight Net-
work; and 
‘‘(C) increase productivity, particularly for 
domestic industries and businesses that create 
high-value jobs; 
‘‘(2) to improve the safety, security, efficiency, 
and resiliency of multimodal freight transportation; 
‘‘(3) to achieve and maintain a state of good re-
pair on the National Multimodal Freight Network; 
‘‘(4) to use innovation and advanced technology 
to improve the safety, efficiency, and reliability of the 
National Multimodal Freight Network; 
‘‘(5) to improve the economic efficiency of the 
National Multimodal Freight Network; 
‘‘(6) to improve the short- and long-distance 
movement of goods that— 
‘‘(A) travel across rural areas between pop-
ulation centers; 
‘‘(B) travel between rural areas and popu-
lation centers; and 
‘‘(C) travel from the Nation’s ports, air-
ports, and gateways to the National Multimodal 
Freight Network; 
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‘‘(7) to improve the flexibility of States to sup-
port multi-State corridor planning and the creation 
of multi-State organizations to increase the ability of 
States to address multimodal freight connectivity; 
and 
‘‘(8) to reduce the adverse environmental impacts 
of freight movement on the National Multimodal 
Freight Network. 
‘‘§ 70102. National freight strategic plan 
‘‘(a) IN GENERAL.—Not later than 2 years after the 
date of enactment of this section, the Secretary of Transpor-
tation shall— 
‘‘(1) develop a national freight strategic plan in 
accordance with this section; and 
‘‘(2) publish the plan on the public Internet Web 
site of the Department of Transportation. 
‘‘(b) CONTENTS.—The national freight strategic plan 
shall include— 
‘‘(1) an assessment of the condition and perform-
ance of the National Multimodal Freight Network; 
‘‘(2) forecasts of freight volumes for the suc-
ceeding 5-, 10-, and 20-year periods; 
‘‘(3) an identification of major trade gateways 
and national freight corridors that connect major 
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population centers, trade gateways, and other major 
freight generators; 
‘‘(4) an identification of bottlenecks on the Na-
tional Multimodal Freight Network that create sig-
nificant freight congestion, based on a quantitative 
methodology developed by the Secretary, which shall, 
at a minimum, include— 
‘‘(A) information from the Freight 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; 
‘‘(5) an assessment of statutory, regulatory, tech-
nological, institutional, financial, and other barriers 
to improved freight transportation performance, and 
a description of opportunities for overcoming the bar-
riers; 
‘‘(6) an identification of best practices for im-
proving the performance of the National Multimodal 
Freight Network; 
‘‘(7) a process for addressing multistate projects 
and encouraging jurisdictions to collaborate; and 
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‘‘(8) strategies to improve freight intermodal 
connectivity. 
‘‘(c) UPDATES.—Not later than 5 years after the date 
of completion of the national freight strategic plan under 
subsection (a), and every 5 years thereafter, the Secretary 
shall update the plan and publish the updated plan on the 
public Internet Web site of the Department of Transpor-
tation. 
‘‘(d) CONSULTATION.—The Secretary shall develop and 
update the national freight strategic plan in consultation 
with State departments of transportation, metropolitan 
planning organizations, and other appropriate public and 
private transportation stakeholders. 
‘‘§ 70103. National Multimodal Freight Network 
‘‘(a) IN GENERAL.—Not later than 180 days after the 
date of enactment of this section, the Secretary of Transpor-
tation shall establish the National Multimodal Freight Net-
work in accordance with this section— 
‘‘(1) to focus Federal policy on the most strategic 
freight assets; and 
‘‘(2) to assist in strategically directing resources 
and policies toward improved performance of the Na-
tional Multimodal Freight Network. 
‘‘(b) 
NETWORK
COMPONENTS.—The 
National 
Multimodal Freight Network shall include— 
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‘‘(1) the National Highway Freight Network, as 
established under section 167 of title 23; 
‘‘(2) the freight rail systems of Class I railroads, 
as designated by the Surface Transportation Board; 
‘‘(3) the public ports of the United States that 
have total annual foreign and domestic trade of at 
least 2,000,000 short tons, as identified by the Water-
borne Commerce Statistics Center of the Army Corps 
of Engineers, using the data from the latest year for 
which such data is available; 
‘‘(4) the inland and intracoastal waterways of 
the United States, as described in section 206 of the 
Inland Waterways Revenue Act of 1978 (33 U.S.C. 
1804); 
‘‘(5) the Great Lakes, the St. Lawrence Seaway, 
and coastal routes along which domestic freight is 
transported; 
‘‘(6) the 50 airports located in the United States 
with the highest annual landed weight, as identified 
by the Federal Aviation Administration; and 
‘‘(7) other strategic freight assets, including stra-
tegic intermodal facilities and freight rail lines of 
Class II and Class III railroads, designated by the 
Secretary as critical to interstate commerce. 
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‘‘(c) OTHER STRATEGIC FREIGHT ASSETS.—In deter-
mining network components in subsection (b), the Secretary 
may consider strategic freight assets identified by States, 
including public ports if such ports do not meet the annual 
tonnage threshold, for inclusion on the National Multimodal 
Freight Network. 
‘‘(d) REDESIGNATION.—Not later than 5 years after 
the date of establishment of the National Multimodal 
Freight Network under subsection (a), and every 5 years 
thereafter, the Secretary shall update the National 
Multimodal Freight Network. 
‘‘(e) CONSULTATION.—The Secretary shall establish 
and update the National Multimodal Freight Network in 
consultation with State departments of transportation and 
other appropriate public and private transportation stake-
holders. 
‘‘(f) LANDED WEIGHT DEFINED.—In this section, the 
term ‘landed weight’ means the weight of an aircraft trans-
porting only cargo in intrastate, interstate, or foreign air 
transportation, as such terms are defined in section 
40102(a). 
‘‘CHAPTER 
702—MULTIMODAL 
FREIGHT 
TRANSPORTATION PLANNING AND IN-
FORMATION 
‘‘Sec. 
‘‘70201. State freight advisory committees. 
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‘‘70202. State freight plans. 
‘‘70203. Data and tools. 
‘‘§ 70201. State freight advisory committees 
‘‘(a) IN GENERAL.—The Secretary of Transportation 
shall encourage each State to establish a freight advisory 
committee consisting of a representative cross-section of 
public and private sector freight stakeholders, including 
representatives of ports, freight railroads, shippers, carriers, 
freight-related associations, third-party logistics providers, 
the freight industry workforce, the transportation depart-
ment 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 
‘‘(5) participate in the development of the freight 
plan of the State described in section 70202. 
‘‘§ 70202. State freight plans 
‘‘(a) IN GENERAL.—Each State shall develop a freight 
plan that provides a comprehensive plan for the immediate 
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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) a description of how the plan will improve 
the ability of the State to meet the national freight 
goals described in section 70101; 
‘‘(4) evidence of consideration of innovative tech-
nologies and operational strategies, including intel-
ligent transportation systems, that improve the safety 
and efficiency of freight movement; 
‘‘(5) in the case of routes on which travel by 
heavy vehicles (including mining, agricultural, 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; and 
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‘‘(6) an inventory of facilities with freight mobil-
ity issues, such as truck bottlenecks, within the State, 
and a description of the strategies the State is em-
ploying to address those freight mobility issues. 
‘‘(c) RELATIONSHIP TO STATE PLANS.— 
‘‘(1) IN GENERAL.—A freight plan described in 
subsection (a) may be developed separately from or 
incorporated into the statewide transportation plans 
required by section 135 of title 23. 
‘‘(2) UPDATES.—If the freight plan described in 
subsection (a) is developed separately from the State 
transportation improvement program, the freight 
plan shall be updated at least every 5 years. 
‘‘§ 70203. Data and tools 
‘‘(a) IN GENERAL.—Not later than 1 year after the 
date of enactment of this section, the Secretary shall— 
‘‘(1) begin development of new tools or improve 
existing tools to support an outcome-oriented, per-
formance-based approach to evaluate proposed freight- 
related and other transportation projects, including— 
‘‘(A) methodologies for systematic analysis 
of benefits and costs; 
‘‘(B) tools for ensuring that the evaluation 
of 
freight-related 
and 
other 
transportation 
projects may consider safety, economic competi-
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tiveness, environmental sustainability, and sys-
tem condition in the project selection process; 
and 
‘‘(C) other elements to assist in effective 
transportation planning; 
‘‘(2) identify transportation-related freight travel 
models and model data elements to support a broad 
range of evaluation methods and techniques to assist 
in making transportation investment decisions; and 
‘‘(3) at a minimum, in consultation with other 
relevant Federal agencies, consider any improvements 
to existing freight flow data collection efforts, includ-
ing improved methods to standardize and manage the 
data, that could reduce identified freight data gaps 
and deficiencies and help improve forecasts of freight 
transportation demand. 
‘‘(b) CONSULTATION.—The Secretary shall consult 
with Federal, State, and other stakeholders to develop, im-
prove, and implement the tools and collect the data de-
scribed in subsection (a).’’. 
(b) CLERICAL AMENDMENT.—The analysis of subtitles 
for title 49, United States Code, is amended by striking the 
item relating to subtitle IX and inserting the following: 
‘‘IX. Multimodal Freight Transportation ...................................70101’’. 
(c) REPEALS.—Sections 1117 and 1118 of MAP–21 
(Public Law 112–141), and the items relating to such sec-
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tions in the table of contents in section 1(c) of such Act, 
are repealed. 
TITLE IX—NATIONAL SURFACE 
TRANSPORTATION AND INNO-
VATIVE FINANCE BUREAU 
SEC. 9001. NATIONAL SURFACE TRANSPORTATION AND IN-
NOVATIVE FINANCE BUREAU. 
(a) IN GENERAL.—Chapter 1 of title 49, United States 
Code, is amended by adding at the end the following: 
‘‘§ 116. National Surface Transportation and Innova-
tive Finance Bureau 
‘‘(a) ESTABLISHMENT.—The Secretary of Transpor-
tation shall establish a National Surface Transportation 
and Innovative Finance Bureau in the Department. 
‘‘(b) PURPOSES.—The purposes of the Bureau shall 
be— 
‘‘(1) to administer the application processes for 
programs within the Department in accordance with 
subsection (d); 
‘‘(2) to promote innovative financing best prac-
tices in accordance with subsection (e); 
‘‘(3) to reduce uncertainty and delays with re-
spect to environmental reviews and permitting in ac-
cordance with subsection (f); 
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‘‘(4) to reduce costs and risks to taxpayers in 
project delivery and procurement in accordance with 
subsection (g); and 
‘‘(5) to carry out subtitle IX of this title. 
‘‘(c) EXECUTIVE DIRECTOR.— 
‘‘(1) APPOINTMENT.—The Bureau shall be head-
ed by an Executive Director, who shall be appointed 
in the competitive service by the Secretary, with the 
approval of the President. 
‘‘(2) DUTIES.—The Executive Director shall— 
‘‘(A) report to the Under Secretary of 
Transportation for Policy; 
‘‘(B) be responsible for the management and 
oversight of the daily activities, decisions, oper-
ations, and personnel of the Bureau; 
‘‘(C) support the Council on Credit and Fi-
nance established under section 117 in accord-
ance with this section; and 
‘‘(D) carry out such additional duties as the 
Secretary may prescribe. 
‘‘(d) ADMINISTRATION
OF
CERTAIN
APPLICATION 
PROCESSES.— 
‘‘(1) IN GENERAL.—The Bureau shall administer 
the application processes for the following programs: 
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‘‘(A) The infrastructure finance programs 
authorized under chapter 6 of title 23. 
‘‘(B) The railroad rehabilitation and im-
provement financing program authorized under 
sections 501 through 503 of the Railroad Revital-
ization and Regulatory Reform Act of 1976 (45 
U.S.C. 821–823). 
‘‘(C) Amount allocations authorized under 
section 142(m) of the Internal Revenue Code of 
1986. 
‘‘(D) The nationally significant freight and 
highway projects program under section 117 of 
title 23. 
‘‘(2) CONGRESSIONAL NOTIFICATION.—The Sec-
retary shall ensure that the congressional notification 
requirements for each program referred to in para-
graph (1) are followed in accordance with the statu-
tory provisions applicable to the program. 
‘‘(3) REPORTS.—The Secretary shall ensure that 
the reporting requirements for each program referred 
to in paragraph (1) are followed in accordance with 
the statutory provisions applicable to the program. 
‘‘(4) COORDINATION.—In administering the ap-
plication processes for the programs referred to in 
paragraph (1), the Executive Director of the Bureau 
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shall coordinate with appropriate officials in the De-
partment and its modal administrations responsible 
for administering such programs. 
‘‘(5) STREAMLINING APPROVAL PROCESSES.—Not 
later than 1 year after the date of enactment of this 
section, the Secretary shall submit to the Committee 
on Transportation and Infrastructure of the House of 
Representatives and the Committee on Commerce, 
Science, and Transportation, the Committee on Bank-
ing, Housing, and Urban Affairs, and the Committee 
on Environment and Public Works of the Senate a re-
port that— 
‘‘(A) evaluates the application processes for 
the programs referred to in paragraph (1); 
‘‘(B) identifies administrative and legisla-
tive actions that would improve the efficiency of 
the application processes without diminishing 
Federal oversight; and 
‘‘(C) describes how the Secretary will imple-
ment administrative actions identified under 
subparagraph (B) that do not require an Act of 
Congress. 
‘‘(6) PROCEDURES AND TRANSPARENCY.— 
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‘‘(A) PROCEDURES.—The Secretary shall, 
with respect to the programs referred to in para-
graph (1)— 
‘‘(i) establish procedures for analyzing 
and evaluating applications and for uti-
lizing the recommendations of the Council 
on Credit and Finance; 
‘‘(ii) establish procedures for address-
ing late-arriving applications, as applica-
ble, and communicating the Bureau’s deci-
sions for accepting or rejecting late applica-
tions to the applicant and the public; and 
‘‘(iii) document major decisions in the 
application evaluation process through a 
decision memorandum or similar mecha-
nism that provides a clear rationale for 
such decisions. 
‘‘(B) REVIEW.— 
‘‘(i) IN
GENERAL.—The Comptroller 
General of the United States shall review 
the compliance of the Secretary with the re-
quirements of this paragraph. 
‘‘(ii) RECOMMENDATIONS.—The Comp-
troller General may make recommendations 
to the Secretary in order to improve compli-
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ance with the requirements of this para-
graph. 
‘‘(iii) REPORT.—Not later than 3 
years after the date of enactment of this sec-
tion, the Comptroller General shall submit 
to the Committee on Transportation and 
Infrastructure of the House of Representa-
tives and the Committee on Environment 
and Public Works and the Committee on 
Commerce, Science, and Transportation of 
the Senate a report on the results of the re-
view conducted under clause (i), including 
findings and recommendations for improve-
ment. 
‘‘(e) INNOVATIVE FINANCING BEST PRACTICES.— 
‘‘(1) IN GENERAL.—The Bureau shall work with 
the modal administrations within the Department, 
the States, and other public and private interests to 
develop and promote best practices for innovative fi-
nancing and public-private partnerships. 
‘‘(2) ACTIVITIES.—The Bureau shall carry out 
paragraph (1)— 
‘‘(A) by making Federal credit assistance 
programs more accessible to eligible recipients; 
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‘‘(B) by providing advice and expertise to 
State and local governments that seek to leverage 
public and private funding; 
‘‘(C) by sharing innovative financing best 
practices and case studies from State and local 
governments with other State and local govern-
ments that are interested in utilizing innovative 
financing methods; and 
‘‘(D) by developing and monitoring— 
‘‘(i) best practices with respect to 
standardized State public-private partner-
ship authorities and practices, including 
best practices related to— 
‘‘(I) accurate and reliable as-
sumptions for analyzing public-private 
partnership procurements; 
‘‘(II) procedures for the handling 
of unsolicited bids; 
‘‘(III) policies with respect to 
noncompete clauses; and 
‘‘(IV) other significant terms of 
public-private 
partnership 
procure-
ments, as determined appropriate by 
the Bureau; 
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‘‘(ii) standard contracts for the most 
common types of public-private partner-
ships for transportation facilities; and 
‘‘(iii) analytical tools and other tech-
niques to aid State and local governments 
in determining the appropriate project de-
livery model, including a value for money 
analysis. 
‘‘(3) TRANSPARENCY.—The Bureau shall— 
‘‘(A) ensure transparency of a project re-
ceiving credit assistance under a program identi-
fied in subsection (d)(1) and procured as a pub-
lic-private partnership by— 
‘‘(i) requiring the project sponsor of 
such project to undergo a value for money 
analysis or a comparable analysis prior to 
deciding to advance the project as a public- 
private partnership; 
‘‘(ii) requiring the analysis required 
under subparagraph (A) and other key 
terms of the relevant public-private partner-
ship agreement, to be made publicly avail-
able by the project sponsor at an appro-
priate time; 
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‘‘(iii) not later than 3 years after the 
completion of the project, requiring the 
project sponsor of such project to conduct a 
review regarding whether the private part-
ner is meeting the terms of the relevant pub-
lic private partnership agreement for the 
project; and 
‘‘(iv) providing a publicly available 
summary of the total level of Federal assist-
ance in such project; and 
‘‘(B) develop guidance to implement this 
paragraph that takes into consideration vari-
ations in State and local laws and requirements 
related to public-private partnerships. 
‘‘(4) SUPPORT TO PROJECTS SPONSORS.—At the 
request of a State or local government, the Bureau 
shall provide technical assistance to the State or local 
government regarding proposed public-private part-
nership agreements for transportation facilities, in-
cluding assistance in performing a value for money 
analysis or comparable analysis. 
‘‘(5) FIXED
GUIDEWAY
TRANSIT
PROCEDURES 
REPORT.—Not later than 1 year after the date of en-
actment of this section, the Secretary shall submit to 
the Committee on Transportation and Infrastructure 
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of the House of Representatives and the Committee on 
Banking, Housing, and Urban Affairs of the Senate 
a report that— 
‘‘(A) evaluates the differences between tradi-
tional design-bid-build, design-build, and public- 
private partnership procurements for projects 
carried out under the fixed guideway capital in-
vestment program authorized under section 5309; 
‘‘(B) identifies, for project procured as pub-
lic-private partnerships whether the review and 
approval process under the program requires 
modification to better suit the unique nature of 
such procurements; and 
‘‘(C) describes how the Secretary will imple-
ment any administrative actions identified 
under subparagraph (B) that do not require an 
Act of Congress. 
‘‘(f) ENVIRONMENTAL REVIEW AND PERMITTING.— 
‘‘(1) IN GENERAL.—The Bureau shall take such 
actions as are appropriate and consistent with the 
goals and policies set forth in this title and title 23, 
including with the concurrence of other Federal agen-
cies as required under this title and title 23, to im-
prove delivery timelines for projects. 
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‘‘(2) ACTIVITIES.—The Bureau shall carry out 
paragraph (1)— 
‘‘(A) by serving as the Department’s liaison 
to the Council on Environmental Quality; 
‘‘(B) by coordinating Department-wide ef-
forts to improve the efficiency and effectiveness of 
the environmental review and permitting proc-
ess; 
‘‘(C) by coordinating Department efforts 
under section 139 of title 23; 
‘‘(D) by supporting modernization efforts at 
Federal agencies to achieve innovative ap-
proaches to the permitting and review of 
projects; 
‘‘(E) by providing technical assistance and 
training to field and headquarters staff of Fed-
eral agencies on policy changes and innovative 
approaches to the delivery of projects; 
‘‘(F) by identifying, developing, and track-
ing metrics for permit reviews and decisions by 
Federal agencies for projects under the National 
Environmental Policy Act of 1969; and 
‘‘(G) by administering and expanding the 
use of Internet-based tools providing for— 
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‘‘(i) the development and posting of 
schedules for permit reviews and permit de-
cisions for projects; and 
‘‘(ii) the sharing of best practices re-
lated to efficient permitting and reviews for 
projects. 
‘‘(3) SUPPORT TO PROJECT SPONSORS.—At the 
request of a State or local government, the Bureau, in 
coordination with the other appropriate modal agen-
cies within the Department, shall provide technical 
assistance with regard to the compliance of a project 
sponsored by the State or local government with the 
requirements of the National Environmental Policy 
Act 1969 and relevant Federal environmental per-
mits. 
‘‘(g) PROJECT PROCUREMENT.— 
‘‘(1) IN GENERAL.—The Bureau shall promote 
best practices in procurement for a project receiving 
assistance under a program identified in subsection 
(d)(1) by developing, in coordination with the Federal 
Highway Administration and other modal agencies as 
appropriate, procurement benchmarks in order to en-
sure accountable expenditure of Federal assistance 
over the life cycle of such project. 
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‘‘(2) PROCUREMENT
BENCHMARKS.—The pro-
curement benchmarks developed under paragraph (1) 
shall, to the maximum extent practicable— 
‘‘(A) establish maximum thresholds for ac-
ceptable project cost increases and delays in 
project delivery; 
‘‘(B) establish uniform methods for States to 
measure cost and delivery changes over the life 
cycle of a project; and 
‘‘(C) be tailored, as necessary, to various 
types of project procurements, including design- 
bid-build, design-build, and public private part-
nerships. 
‘‘(h) ELIMINATION AND CONSOLIDATION OF DUPLICA-
TIVE OFFICES.— 
‘‘(1) ELIMINATION OF OFFICES.—The Secretary 
may eliminate any office within the Department if 
the Secretary determines that the purposes of the of-
fice are duplicative of the purposes of the Bureau, and 
the elimination of such office shall not adversely affect 
the obligations of the Secretary under any Federal 
law. 
‘‘(2) CONSOLIDATION
OF
OFFICES.—The Sec-
retary may consolidate any office within the Depart-
ment into the Bureau that the Secretary determines 
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has duties, responsibilities, resources, or expertise that 
support the purposes of the Bureau. 
‘‘(3) STAFFING AND BUDGETARY RESOURCES.— 
‘‘(A) IN GENERAL.—The Secretary shall en-
sure that the Bureau is adequately staffed and 
funded. 
‘‘(B) STAFFING.—The Secretary may trans-
fer to the Bureau a position within the Depart-
ment from any office that is eliminated or con-
solidated under this subsection if the Secretary 
determines that the position is necessary to carry 
out the purposes of the Bureau. 
‘‘(C) BUDGETARY RESOURCES.— 
‘‘(i) TRANSFER OF FUNDS FROM ELIMI-
NATED
OR
CONSOLIDATED
OFFICES.—The 
Secretary may transfer to the Bureau funds 
allocated to any office that is eliminated or 
consolidated under this subsection to carry 
out the purposes of the Bureau. 
‘‘(ii) TRANSFER OF FUNDS ALLOCATED 
TO ADMINISTRATIVE COSTS.—The Secretary 
shall transfer to the Bureau funds allocated 
to the administrative costs of processing ap-
plications for the programs referred to in 
subsection (d)(1). 
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‘‘(4) REPORT.—Not later than 180 days after the 
date of enactment of this section, the Secretary shall 
submit to the Committee on Transportation and In-
frastructure of the House of Representatives and the 
Committee on Environment and Public Works and 
the Committee on Commerce, Science, and Transpor-
tation of the Senate a report that— 
‘‘(A) lists the offices eliminated under para-
graph (1) and provides the rationale for elimi-
nation of the offices; 
‘‘(B) lists the offices consolidated under 
paragraph (2) and provides the rationale for 
consolidation of the offices; and 
‘‘(C) describes the actions taken under para-
graph (3) and provides the rationale for taking 
such actions. 
‘‘(i) SAVINGS PROVISIONS.— 
‘‘(1) LAWS AND REGULATIONS.—Nothing in this 
section may be construed to change a law or regula-
tion with respect to a program referred to in sub-
section (d)(1). 
‘‘(2) RESPONSIBILITIES.—Nothing in this section 
may be construed to abrogate the responsibilities of 
an agency, operating administration, or office within 
the Department otherwise charged by a law or regula-
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586 
tion with other aspects of program administration, 
oversight, and project approval or implementation for 
the programs and projects subject to this section. 
‘‘(j) DEFINITIONS.—In this section, the following defi-
nitions apply: 
‘‘(1) BUREAU.—The term ‘Bureau’ means the 
National Surface Transportation and Innovative Fi-
nance Bureau of the Department. 
‘‘(2) DEPARTMENT.—The term ‘Department’ 
means the Department of Transportation. 
‘‘(3) 
MULTIMODAL
PROJECT.—The 
term 
‘multimodal project’ means a project involving the 
participation of more than one modal administration 
or secretarial office within the Department. 
‘‘(4) PROJECT.—The term ‘project’ means a 
highway 
project, 
public 
transportation 
capital 
project, 
freight 
or 
passenger 
rail 
project, 
or 
multimodal project.’’. 
(b) CLERICAL AMENDMENT.—The analysis for such 
chapter is amended by adding at the end the following: 
‘‘116. National Surface Transportation and Innovative Finance Bureau.’’. 
SEC. 9002. COUNCIL ON CREDIT AND FINANCE. 
(a) IN GENERAL.—Chapter 1 of title 49, United States 
Code, as amended by this Act, is further amended by adding 
at the end the following: 
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‘‘§ 117. Council on Credit and Finance 
‘‘(a) ESTABLISHMENT.—The Secretary of Transpor-
tation shall establish a Council on Credit and Finance in 
accordance with this section. 
‘‘(b) MEMBERSHIP.— 
‘‘(1) IN GENERAL.—The Council shall be com-
posed of the following members: 
‘‘(A) The Under Secretary of Transpor-
tation for Policy. 
‘‘(B) The Chief Financial Officer and As-
sistant Secretary for Budget and Programs. 
‘‘(C) The General Counsel of the Depart-
ment of Transportation. 
‘‘(D) The Assistant Secretary for Transpor-
tation Policy. 
‘‘(E) The Administrator of the Federal 
Highway Administration. 
‘‘(F) The Administrator of the Federal 
Transit Administration. 
‘‘(G) The Administrator of the Federal 
Railroad Administration. 
‘‘(2) ADDITIONAL
MEMBERS.—The Secretary 
may designate up to 3 additional officials of the De-
partment to serve as at-large members of the Council. 
‘‘(3) CHAIRPERSON AND VICE CHAIRPERSON.— 
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588 
‘‘(A) CHAIRPERSON.—The Under Secretary 
of Transportation for Policy shall serve as the 
chairperson of the Council. 
‘‘(B) VICE
CHAIRPERSON.—The Chief Fi-
nancial Officer and Assistant Secretary for 
Budget and Programs shall serve as the vice 
chairperson of the Council. 
‘‘(4) EXECUTIVE DIRECTOR.—The Executive Di-
rector of the National Surface Transportation and In-
novative Finance Bureau shall serve as a nonvoting 
member of the Council. 
‘‘(c) DUTIES.—The Council shall— 
‘‘(1) review applications for assistance submitted 
under the programs referred to in section 116(d)(1); 
‘‘(2) make recommendations to the Secretary re-
garding the selection of projects to receive assistance 
under the programs referred to in section 116(d)(1); 
‘‘(3) review, on a regular basis, projects that re-
ceived assistance under the programs referred to in 
section 116(d)(1); and 
‘‘(4) carry out such additional duties as the Sec-
retary may prescribe.’’. 
(b) CLERICAL AMENDMENT.—The analysis for such 
chapter is further amended by adding at the end the fol-
lowing: 
‘‘117. Council on Credit and Finance.’’. 
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(E) by redesignating paragraph (5) as 
paragraph (4); and 
(F) by inserting after paragraph (2) the fol-
lowing: 
‘‘(3) 
BOATING
INFRASTRUCTURE
IMPROVE-
MENT.— 
‘‘(A) IN GENERAL.—An amount equal to 4 
percent to the Secretary of the Interior for quali-
fied projects under section 5604(c) of the Clean 
Vessel Act of 1992 (33 U.S.C. 1322 note) and 
section 7404(d) of the Sportfishing and Boating 
Safety Act of 1998 (16 U.S.C. 777g–1(d)). 
‘‘(B) LIMITATION.—Not more than 75 per-
cent of the amount under subparagraph (A) shall 
be available for projects under either of the sec-
tions referred to in subparagraph (A).’’; 
(2) in subsection (b)— 
(A) in paragraph (1)(A) by striking ‘‘for 
each’’ and all that follows through ‘‘the Sec-
retary’’ and inserting ‘‘for each fiscal year 
through fiscal year 2021, the Secretary’’; 
(B) by redesignating paragraph (2) as 
paragraph (3); 
(C) by inserting after paragraph (1) the fol-
lowing: 
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‘‘(2) SET-ASIDE FOR COAST GUARD ADMINISTRA-
TION.— 
‘‘(A) IN GENERAL.—From the annual ap-
propriation made in accordance with section 3, 
for each of fiscal years 2016 through 2021, the 
Secretary of the department in which the Coast 
Guard is operating may use no more than the 
amount specified in subparagraph (B) for the 
fiscal year for the purposes set forth in section 
13107(c) of title 46, United States Code. The 
amount specified in subparagraph (B) for a fis-
cal year may not be included in the amount of 
the annual appropriation distributed under sub-
section (a) for the fiscal year. 
‘‘(B) AVAILABLE AMOUNTS.—The available 
amount referred to in subparagraph (A) is— 
‘‘(i) for fiscal year 2016, $7,800,000; 
‘‘(ii) for fiscal year 2017, $7,900,000; 
‘‘(iii) for fiscal year 2018, $8,000,000; 
‘‘(iv) for fiscal year 2019, $8,100,000; 
‘‘(v) for fiscal year 2020, $8,200,000; 
and 
‘‘(vi) 
for 
fiscal 
year 
2021, 
$8,300,000.’’; and 
(D) in paragraph (3), as so redesignated— 
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(i) in subparagraph (A), by striking 
‘‘until the end of the fiscal year.’’ and in-
serting ‘‘until the end of the subsequent fis-
cal year.’’; and 
(ii) in subparagraph (B) by striking 
‘‘under subsection (e)’’ and inserting ‘‘under 
subsection (c)’’; 
(3) in subsection (c)— 
(A) by striking ‘‘(c) The Secretary’’ and in-
serting ‘‘(c)(1) The Secretary,’’; 
(B) by striking ‘‘grants under section 14 of 
this title’’ and inserting ‘‘activities under section 
14(e)’’; 
(C) by striking ‘‘57 percent’’ and inserting 
‘‘58.012 percent’’; and 
(D) by adding at the end the following: 
‘‘(2) The Secretary shall deduct from the amount to 
be apportioned under paragraph (1) the amounts used for 
grants under section 14(a).’’; and 
(4) in subsection (e)(1), by striking ‘‘those sub-
sections,’’ and inserting ‘‘those paragraphs,’’. 
(c) SUBMISSION
AND
APPROVAL
OF
PLANS
AND 
PROJECTS.—Section 6(d) of the Dingell-Johnson Sport 
Fish Restoration Act (16 U.S.C. 777e(d)) is amended by 
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striking ‘‘for appropriations’’ and inserting ‘‘from appro-
priations’’. 
(d) UNEXPENDED OR UNOBLIGATED FUNDS.—Section 
8(b)(2) of the Dingell-Johnson Sport Fish Restoration Act 
(16 U.S.C. 777g(b)(2)) is amended by striking ‘‘57 percent’’ 
and inserting ‘‘58.012 percent’’. 
(e) COOPERATION.—Section 12 of the Dingell-Johnson 
Sport Fish Restoration Act (16 U.S.C. 777k) is amended— 
(1) by striking ‘‘57 percent’’ and inserting 
‘‘58.012 percent’’; and 
(2) by striking ‘‘under section 4(b)’’ and insert-
ing ‘‘under section 4(c)’’. 
(f) OTHER ACTIVITIES.—Section 14 of the Dingell- 
Johnson Sport Fish Restoration Act (16 U.S.C. 777m) is 
amended— 
(1) in subsection (a)(1), by striking ‘‘of each an-
nual appropriation made in accordance with the pro-
visions of section 3’’; and 
(2) in subsection (e)— 
(A) in the matter preceding paragraph (1) 
by striking ‘‘Of amounts made available under 
section 4(b) for each fiscal year—’’ and inserting 
‘‘Not more than $1,200,000 of each annual ap-
propriation made in accordance with the provi-
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sions of section 3 shall be distributed to the Sec-
retary of the Interior for use as follows:’’; and 
(B) in paragraph (1)(D) by striking ‘‘; 
and’’ and inserting a period. 
(g) REPEAL.—The Dingell-Johnson Sport Fish Res-
toration Act (16 U.S.C. 777 et seq.) is amended— 
(1) by striking section 15; and 
(2) by redesignating section 16 as section 15. 
SEC. 10002. RECREATIONAL BOATING SAFETY. 
Section 13107 of title 46, United States Code, is 
amended— 
(1) in subsection (a)— 
(A) by striking ‘‘(1) Subject to paragraph 
(2) and subsection (c),’’ and inserting ‘‘Subject 
to subsection (c),’’; 
(B) by striking ‘‘the sum of (A) the amount 
made available from the Boat Safety Account for 
that fiscal year under section 15 of the Dingell- 
Johnson Sport Fish Restoration Act and (B)’’; 
and 
(C) by striking paragraph (2); and 
(2) in subsection (c)— 
(A) by striking the subsection designation 
and paragraph (1) and inserting the following: 
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‘‘(c)(1)(A) The Secretary may use amounts made 
available each fiscal year under section 4(b)(2) of the Din-
gell-Johnson Sport Fish Restoration Act (16 U.S.C. 
777c(b)(2)) for payment of expenses of the Coast Guard for 
investigations, personnel, and activities directly related 
to— 
‘‘(i) administering State recreational boating 
safety programs under this chapter; or 
‘‘(ii) coordinating or carrying out the national 
recreational boating safety program under this title. 
‘‘(B) Of the amounts used by the Secretary each fiscal 
year under subparagraph (A)— 
‘‘(i) not less than $2,000,000 is available to en-
sure compliance with chapter 43 of this title; and 
‘‘(ii) not more than $1,500,000 is available to 
conduct a survey of levels of recreational boating par-
ticipation and related matters in the United States.’’; 
and 
(B) in paragraph (2)— 
(i) by striking ‘‘No funds’’ and insert-
ing ‘‘On and after October 1, 2016, no 
funds’’; and 
(ii) by striking ‘‘traditionally’’. 
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Union Calendar No. 241 
114TH CONGRESS 
1ST SESSION 
H. R. 3763 
[Report No. 114–318] 
A BILL 
To authorize funds for Federal-aid highways, high-
way safety programs, and transit programs, and 
for other purposes. 
OCTOBER 29, 2015 
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed 
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