323 
(B) by striking ‘‘$5,000’’ and inserting 
‘‘$25,000’’; 
(C) by striking ‘‘$35,000,000’’ and insert-
ing ‘‘$300,000,000’’; and 
(D) by inserting at the end of the para-
graph the following: 
‘‘An individual is liable under this section only for willfully 
causing or committing a violation. An individual who has 
been instructed to commit a violation by a person of great-
er authority in the entity in which the individual is em-
ployed has not acted willfully.’’; 
(2) in paragraph (2)— 
(A) by striking ‘‘$10,000’’ in subparagraph 
(A) and inserting ‘‘$100,000’’; and 
(B) by striking ‘‘$15,000,000’’ in subpara-
graph (B) and inserting ‘‘$300,000,000’’; and 
(3) in paragraph (3)— 
(A) by striking ‘‘$5,000’’ and inserting 
‘‘$25,000’’; and 
(B) by striking ‘‘$35,000,000’’ and insert-
ing ‘‘$300,000,000’’. 
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SEC. 4111. TECHNICAL CORRECTIONS TO THE MOTOR VEHI-
CLE AND HIGHWAY SAFETY IMPROVEMENT 
ACT OF 2012. 
(a) HIGHWAY SAFETY PROGRAMS.—Section 402 of 
title 23, United States Code is amended— 
(1) in subsection (b)(1)(C), by striking ‘‘except 
as provided in paragraph (3),’’; 
(2) in subsection (b)(1)(E)— 
(A) by striking ‘‘in which a State’’ and in-
serting ‘‘for which a State’’; and 
(B) by striking ‘‘subsection (f)’’ and insert-
ing ‘‘subsection (k)’’; and 
(3) in subsection (k)(4), by striking ‘‘paragraph 
(2)(A)’’ and inserting ‘‘paragraph (3)(A)’’. 
(b) HIGHWAY SAFETY RESEARCH AND DEVELOP-
MENT.—Section 403(e) of title 23, United States Code is 
amended by inserting ‘‘of title 49, United States Code’’ 
after ‘‘chapter 301’’. 
(c) NATIONAL PRIORITY SAFETY PROGRAMS.—Sec-
tion 405 of title 23, United States Code is amended— 
(1) in subsection (d)(5), by striking ‘‘section 
402(c)’’ and inserting ‘‘section 402’’; 
(2) by striking subsection (f)(2), and inserting 
the following: 
‘‘(2) GRANT AMOUNT.—The allocation of grant 
funds to a State under this subsection for a fiscal 
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year shall be in proportion to the State’s apportion-
ment under section 402 for fiscal year 2009, pro-
vided that the amount of a grant awarded to a State 
for a fiscal year may not exceed 25 percent of the 
amount apportioned to the State under section 402 
for fiscal year 2009.’’; and 
(3) in subsection (f)(4)(A)(iv), by striking 
‘‘under subsection (g)’’. 
(d) OPEN CONTAINER REQUIREMENTS.—Section 154 
of title 23, United States Code is amended— 
(1) in subsection (c)(3)(A), by striking ‘‘trans-
ferred’’ and inserting ‘‘reserved’’; and 
(2) in subsection (c)(5), by inserting ‘‘or re-
leased’’ after ‘‘transferred’’. 
(e) MINIMUM PENALTIES FOR REPEAT OFFENDERS 
FOR DRIVING WHILE INTOXICATED OR DRIVING UNDER 
THE INFLUENCE.—Section 164 of title 23, United States 
Code is amended— 
(1) in subsection (b)(3)(A), by striking ‘‘trans-
ferred’’ and inserting ‘‘reserved’’; and 
(2) in subsection (b)(5), by inserting ‘‘or re-
leased’’ after ‘‘transferred’’. 
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SEC. 4112. TIRE REGISTRATION BY INDEPENDENT SELL-
ERS. 
Subsection (b) of section 30117 of title 49, United 
States Code, is amended by revising paragraph (3) to read 
as follows: 
‘‘(3) The Secretary may initiate a rulemaking 
to consider requiring a distributor or dealer of tires 
that is not owned or controlled by a manufacturer 
of tires to maintain records of the name and address 
of tire purchasers and lessors and information iden-
tifying the tire that was purchased or leased, and 
any additional records the Secretary deems appro-
priate. Such rulemaking may also consider requiring 
a distributor or dealer of tires that is not owned or 
controlled by a manufacturer of tires to electroni-
cally transmit such records to the manufacturer of 
the tire by secure means at no cost to tire pur-
chasers or lessors.’’. 
SEC. 4113. EXTENSION OF TIME PERIOD FOR REMEDY OF 
TIRE DEFECTS. 
Subsection (b) of section 30120 of title 49, United 
States Code, is amended— 
(1) by striking ‘‘60 days’’ in paragraph (1) and 
replacing it with ‘‘six months’’; and 
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(2) by striking ‘‘60-day’’ in paragraph (2), 
wherever it appears, and replacing it with ‘‘six- 
month’’. 
SEC. 
4114. 
DEALER 
REQUIREMENT 
TO 
CHECK 
FOR 
UNREMEDIED RECALL. 
Section 30120(f) of title 49, United States Code, is 
amended by striking the period at the end and inserting 
the following: ‘‘, provided that— 
‘‘(1) the dealer notifies the owner of each of the 
manufacturer’s vehicles it services at the time of the 
service of any defect or noncompliance remedy that 
has not been performed; and 
‘‘(2) such notification is a requirement specified 
in a franchise, operating or other agreement between 
the dealer and manufacturer.’’. 
SEC. 4115. PILOT GRANT PROGRAM FOR STATE NOTIFICA-
TION TO CONSUMERS OF MOTOR VEHICLE 
RECALL STATUS. 
(a) IN GENERAL.—The Secretary shall conduct a 
pilot program to evaluate the feasibility and effectiveness 
of a State process for informing consumers of open motor 
vehicle recalls at the time of motor vehicle registration in 
the State. 
(b) GRANTS.—To carry out this program, the Sec-
retary may make a grant to a State that agrees to comply 
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328 
with the requirements of this section. Funds made avail-
able to a State shall be used for the project described in 
this section. 
(c) ELIGIBILITY.—To be eligible for a grant, a State 
shall submit an application in which it agrees to notify, 
at the time of registration, each owner or lessee of a motor 
vehicle presented for registration in the State of any open 
recall on that vehicle, and provide such other information 
as the Secretary may require. 
(d) AWARD.—In selecting an applicant for award 
under this section, the Secretary shall consider the State’s 
methodology for determining open recalls on a motor vehi-
cle and for informing consumers of such open recalls. 
(e) PERFORMANCE PERIOD.—A grant awarded under 
this section shall require a two-year performance period. 
(f) REPORT.—Not later than 90 days after comple-
tion of performance under the grant, the grantee shall pro-
vide to the Secretary a report of performance containing 
such information as the Secretary may require. 
(g) EVALUATION.—One year after expiration of the 
grant under this section, the Secretary shall evaluate the 
extent to which open recalls identified under subsection 
(c) have been remedied. 
(h) FUNDING.—Notwithstanding the apportionment 
formula set forth in 23 U.S.C. 402(c)(2), up to 
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$2,000,000 of the amounts made available for apportion-
ment to the States for highway safety programs under 23 
U.S.C. 402(c) in fiscal year 2017 shall be available for 
grants under subsection (b). 
(i) DEFINITIONS.—In this section: 
(1) ‘‘Motor vehicle’’ has the meaning such term 
has under section 30102(a)(6) of title 49, United 
States Code. 
(2) ‘‘Open recall’’ means a recall for which a 
notification by a manufacturer is required under sec-
tion 30118 of title 49, United States Code and that 
has not been remedied under section 30120 of title 
49, United States Code. 
(3) ‘‘Registration’’ means the process for reg-
istering vehicles for use in the State. 
(4) ‘‘State’’ has the meaning such term has 
under section 101(a) of title 23, United States Code. 
TITLE V—MOTOR CARRIER 
SAFETY PROGRAM 
SEC. 5001. AMENDMENT OF TITLE 49, UNITED STATES 
CODE. 
Except as otherwise expressly provided, whenever in 
this title an amendment or repeal is expressed in terms 
of an amendment to, or a repeal of, a section or other 
provision, the reference shall be considered to be made to 
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a section or other provision of title 49, United States 
Code. 
Subtitle A—Commercial Motor 
Vehicle Safety 
SEC. 5101. COMMERCIAL MOTOR VEHICLE DEFINED. 
Section 31101(1) is amended to read as follows: 
‘‘(1) ‘Commercial motor vehicle’ means (except 
in section 31106 of this title) a self-propelled or 
towed vehicle used on the highways in commerce to 
transport passengers or property, if the vehicle— 
‘‘(A) has a gross vehicle weight rating or 
gross vehicle weight of at least 10,001 pounds, 
whichever is greater; 
‘‘(B) is designed or used to transport more 
than 8 passengers (including the driver) for 
compensation; 
‘‘(C) is designed or used to transport more 
than 15 passengers, including the driver, and is 
not used to transport passengers for compensa-
tion; or 
‘‘(D) is used in transporting material 
found by the Secretary of Transportation to be 
hazardous under section 5103 of this title and 
transported in a quantity requiring placarding 
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under regulations prescribed by the Secretary 
under section 5103 of this title.’’. 
SEC. 5102. MOTOR CARRIER OPERATIONS AFFECTING 
INTERSTATE COMMERCE. 
(a) 
PROHIBITED
TRANSPORTATION.—Section 
521(b)(5) is amended by inserting after paragraph (B) the 
following: 
‘‘(C) If an employee, vehicle, or all or part 
of an employer’s commercial motor vehicle oper-
ations has been ordered out of service pursuant 
to paragraph (5)(A), the commercial motor ve-
hicle operations of the employee, vehicle or em-
ployer that affect interstate commerce are also 
prohibited.’’. 
(b) PROHIBITION
ON OPERATION
IN INTERSTATE 
COMMERCE AFTER NONPAYMENT OF PENALTIES.—Sec-
tion 521(b)(8) is amended— 
(1) by striking ‘‘An owner or operator of a com-
mercial motor vehicle’’ and inserting ‘‘A person’’ in 
subparagraph (A); 
(2) by redesignating subparagraph (B) as sub-
paragraph (C); 
(3) by inserting after subparagraph (A) the fol-
lowing: 
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‘‘(B) A person prohibited from operating 
in interstate commerce pursuant to paragraph 
(8)(A) may not operate any commercial motor 
vehicle where such operation affects interstate 
commerce.’’; and 
(4) by striking ‘‘commercial motor vehicle own-
ers and operators’’ in subparagraph (C) (as redesig-
nated by paragraph (2)) and inserting ‘‘a person’’. 
SEC. 5103. BUS RENTALS AND DEFINITION OF EMPLOYER. 
Paragraph (3) of section 31132 is amended to read 
as follows: 
‘‘(3) ‘Employer’— 
‘‘(A) means a person engaged in a business 
affecting interstate commerce that— 
‘‘(i) owns or leases a commercial 
motor vehicle in connection with that busi-
ness, or assigns an employee to operate the 
commercial motor vehicle; or 
‘‘(ii) offers for rent or lease a motor 
vehicle designed or used to transport more 
than 8 passengers, including the driver, 
and from the same location or as part of 
the same business provides names or con-
tact information of drivers, or holds itself 
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333 
out to the public as a charter bus com-
pany; but 
‘‘(B) does not include the Government, a 
State, or a political subdivision of a State.’’. 
SEC. 5104. HIGH-RISK CARRIER REVIEWS. 
(a) 
HIGH-RISK
CARRIER
REVIEWS.—Section 
31104(b) (as amended by section 5401) is amended by 
adding at the end of paragraph (2) the following: 
‘‘From the funds authorized by this subsection, the Sec-
retary shall ensure that a review is completed on each 
motor carrier that demonstrates through performance 
data that it poses the highest safety risk. At a minimum, 
a review shall be conducted whenever a motor carrier is 
among the highest risk carriers for 2 consecutive 
months.’’. 
(b) CONFORMING AMENDMENT.—Section 4138 of the 
Safe, Accountable, Flexible, Efficient Transportation Eq-
uity Act: A Legacy for Users (49 U.S.C. 31144 note) is 
repealed. 
SEC. 5105. NEW ENTRANT SAFETY AUDITS. 
Section 31144(g) is amended— 
(1) in paragraph (1)(A)— 
(A) by striking ‘‘shall’’ and inserting 
‘‘may’’; and 
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(B) by striking ‘‘each owner and each op-
erator’’ and inserting ‘‘an owner or operator’’; 
(2) in paragraph (1)(B)— 
(A) by striking ‘‘shall’’ and inserting 
‘‘may’’; and 
(B) by striking ‘‘each owner and each op-
erator’’ and inserting ‘‘an owner or operator’’; 
(3) by striking paragraph (3); 
(4) by redesignating paragraphs (4) and (5) as 
paragraphs (3) and (4), respectively; and 
(5) in paragraph (3), as redesignated, by strik-
ing ‘‘after the date on which section 31148(b) is 
first implemented shall’’ and inserting ‘‘may’’. 
SEC. 5106. IMMINENT HAZARD ACTIONS. 
Section 521(b)(5)(A) is amended— 
(1) by striking ‘‘that such’’ and inserting ‘‘that 
a request for review must be made in writing within 
15 days after issuance of the order, and if timely re-
quested, the’’; 
(2) by striking ‘‘occur’’ and inserting ‘‘com-
mence’’; and 
(3) by striking ‘‘issuance of such order’’ and in-
serting ‘‘receipt of the request for review’’. 
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SEC. 5107. INTERNATIONAL COMMERCE TRANSPORTED ON 
HIGHWAYS THROUGH THE UNITED STATES. 
(a) Section 13501(1) is amended by— 
(1) in subparagraph (D), striking ‘‘or’’; 
(2) in subparagraph (E), striking ‘‘and’’ at the 
end and inserting ‘‘or’’; and 
(3) inserting the following: 
‘‘(F) a foreign country and another foreign 
country, or between two places in the same for-
eign country, to the extent the transportation is 
in the United States; and’’. 
(b) Section 31132(4) is amended by— 
(1) striking ‘‘a place in a State and’’; 
(2) in subparagraph (A)— 
(A) inserting ‘‘a place in a State and’’ be-
fore ‘‘a place outside that State’’; and 
(B) striking ‘‘or’’; and 
(3) in subparagraph (B)— 
(A) inserting ‘‘a place in a State and’’ be-
fore ‘‘another place’’; 
(B) striking the period and inserting 
‘‘and’’; and 
(C) inserting at the end the following: 
‘‘(C) a foreign country and another foreign 
country, or between two places in the same for-
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336 
eign country, to the extent the trade, traffic, or 
transportation is in the United States.’’. 
Subtitle B—Driver Safety 
Provisions 
SEC. 5201. COMMERCIAL DRIVER’S LICENSE REQUIRE-
MENTS. 
(a) LICENSING STANDARDS.—Section 31305(a)(7) is 
amended by inserting ‘‘would not be subject to a disquali-
fication under section 31310(g) of this title and’’ after 
‘‘taking the tests’’. 
(b) DISQUALIFICATIONS.—Section 31310(g)(1) is 
amended by deleting ‘‘who holds a commercial driver’s li-
cense and’’. 
SEC. 5202. DISQUALIFICATIONS BASED ON NON-COMMER-
CIAL MOTOR VEHICLE OPERATIONS. 
(a) FIRST OFFENSE.—Section 31310(b)(1)(D) is 
amended by deleting ‘‘commercial’’ twice, after ‘‘revoked, 
suspended, or canceled based on the individual’s operation 
of a’’ and again after ‘‘disqualified from operating a com-
mercial motor vehicle based on the individual’s operation 
of a’’. 
(b) SECOND OFFENSE.—Section 31310(c)(1)(D) is 
amended by striking ‘‘commercial’’ twice, after ‘‘revoked, 
suspended, or canceled based on the individual’s operation 
of a’’ and again after ‘‘disqualified from operating a com-
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337 
mercial motor vehicle based on the individual’s operation 
of a’’. 
SEC. 5203. RECORDING OF FEDERAL DISQUALIFICATIONS 
ON CDLIS. 
Section 31311(a)(15) is amended by— 
(1) inserting ‘‘(A)’’ after ‘‘(15)’’; and 
(2) inserting after clause (A), as redesignated, 
the following: 
‘‘(B) Not later than 10 days after receiv-
ing notice from the Secretary that an individual 
has been disqualified by the Secretary from op-
erating a commercial motor vehicle, the State 
shall— 
‘‘(i) disqualify the individual from op-
erating a commercial motor vehicle for the 
period of the Federal disqualification; and 
‘‘(ii) notify the operator of the infor-
mation system under section 31309 of this 
title to record the disqualification and the 
violation that resulted in the disqualifica-
tion.’’. 
SEC. 5204. FAILURE TO PAY CIVIL PENALTY AS A DISQUALI-
FYING OFFENSE. 
(a) IN GENERAL.—Chapter 311 is amended by in-
serting after section 31151 the following: 
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‘‘§ 31152. Disqualification for failure to pay 
‘‘An individual assessed a civil penalty under this 
chapter, or chapters 5, 51, or 149 of this title, or a regula-
tion issued under any of those provisions, who fails to pay 
the penalty or fails to comply with the terms of a settle-
ment with the Secretary, shall be disqualified from oper-
ating a commercial motor vehicle. The disqualification 
shall continue until the penalty has been paid, or the indi-
vidual complies with the terms of the settlement, unless 
such nonpayment is because the individual is a debtor in 
a case under chapter 11 of title 11, United States Code.’’. 
(b) TECHNICAL AMENDMENTS.—Section 31310 is 
amended— 
(1) by redesignating subsections (h) through (k) 
as subsections (i) through (l), respectively; 
(2) by inserting after subsection (g) the fol-
lowing: 
‘‘(h) DISQUALIFICATION FOR FAILURE TO PAY.— 
The Secretary shall disqualify from operating a commer-
cial motor vehicle any individual failing to pay a civil pen-
alty within the prescribed period, or failing to conform to 
the terms of any settlement with the Secretary. The dis-
qualification shall continue until the penalty has been 
paid, or the individual conforms to the terms of the settle-
ment, unless the nonpayment is because the individual is 
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339 
a debtor in a case under chapter 11 of title 11, United 
States Code.’’; and 
(3) in subsection (i) (as redesignated by para-
graph (1) of this subsection) by striking ‘‘Notwith-
standing subsections (b) through (g)’’ and inserting 
‘‘Notwithstanding subsections (b) through (h)’’. 
(c) CONFORMING AMENDMENT.—The analysis of 
chapter 311 is amended by inserting after the item relat-
ing to section 31151 the following: 
‘‘31152. Disqualification for failure to pay.’’. 
SEC. 5205. CONTROLLED SUBSTANCE VIOLATIONS. 
Section 31310(d) is amended by— 
(1) inserting after ‘‘CONTROLLED SUBSTANCE 
VIOLATIONS.—’’ the following: 
‘‘(1) An individual who receives a verified posi-
tive DOT drug test is disqualified from operating a 
commercial motor vehicle and remains disqualified 
until the individual completes the substance abuse 
professional evaluation and treatment and return to 
duty process under part 40, subpart O of title 49, 
Code of Federal Regulations.’’; and 
(2) inserting ‘‘(2)’’ before ‘‘The Secretary’’. 
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Subtitle C—Medical and 
Registration Provisions 
SEC. 5301. EFFECT OF DRIVING ON COMMERCIAL MOTOR 
VEHICLE OPERATORS. 
Section 31136(a)(4) is amended to read as follows: 
‘‘(4) the operation of commercial motor vehicles 
does not have a significantly adverse effect on the 
physical condition of the operators; and’’. 
SEC. 5302. REPEAL OF COMMERCIAL JURISDICTION EXCEP-
TION FOR BROKERS OF MOTOR CARRIERS OF 
PASSENGERS. 
Section 13506(a) is amended by deleting paragraph 
(14) and redesignating paragraph (15) as paragraph (14). 
SEC. 5303. REVOCATION OR SUSPENSION OF REGISTRA-
TION. 
Section 31134(c) is amended— 
(1) by striking ‘‘The Secretary’’ and inserting 
‘‘(1) IN GENERAL.—The Secretary’’; 
(2) by redesignating paragraphs (1) through 
(4) as subparagraphs (A) through (D), respectively; 
(3) in subparagraph (1)(B) (as redesignated), 
by striking ‘‘knowingly failed to comply with the re-
quirements listed in subsection (b)(1)’’ and inserting 
‘‘willfully failed to comply with— 
‘‘(i) this part; 
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‘‘(ii) an applicable regulation or order 
of the Secretary; or 
‘‘(iii) a condition of the registration.’’; 
(4) in subparagraph (1)(C) (as redesignated)— 
(A) by striking ‘‘has not disclosed’’ and in-
serting ‘‘has— 
‘‘(i) failed to disclose’’; and 
(B) after the semicolon, inserting ‘‘or 
‘‘(ii) operated under a new identity or 
as an affiliate to avoid— 
‘‘(I) an order of the Secretary; 
‘‘(II) a statutory or regulatory 
requirement; 
‘‘(III) a civil penalty imposed 
under chapter 5, 51, 149, or 311; 
‘‘(IV) an enforcement action ini-
tiated by the Secretary; 
‘‘(V) a final, proposed or poten-
tial adverse safety fitness determina-
tion; or 
‘‘(VI) a negative compliance his-
tory;’’; 
(5) in subparagraph (1)(D) (as redesignated), 
by striking the period and inserting a semicolon; and 
(6) by adding at the end the following: 
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‘‘(E) subject to paragraph (3) of this sub-
section, the employer or person failed— 
‘‘(i) to pay a civil penalty imposed 
under chapter 5, 51, 149, or 311 of this 
title; 
‘‘(ii) to arrange and abide by an ac-
ceptable payment plan for such civil pen-
alty, not later than 90 days after the date 
specified by order of the Secretary for the 
payment of such penalty; or 
‘‘(iii) to obey a subpoena issued by the 
Secretary; or 
‘‘(F) the employer or person failed to dis-
close, in its application for registration, a mate-
rial fact relevant to its willingness and ability to 
comply with— 
‘‘(i) this part; 
‘‘(ii) an applicable regulation or order 
of the Secretary; or 
‘‘(iii) a condition of its registration. 
‘‘(2) SAFETY FITNESS; IMMINENT HAZARD.— 
‘‘(A) EXPEDITED
PROCEDURE.—Notwith-
standing subchapter II of chapter 5 of title 5, 
and subject to section 31144(c) of this title, the 
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Secretary shall revoke the registration of an 
employer or person if the employer or person— 
‘‘(i) has been prohibited from oper-
ating a commercial motor vehicle in inter-
state commerce for failure to comply with 
the safety fitness requirements of section 
31144 of this title; or 
‘‘(ii) is or was conducting unsafe oper-
ations that are or were an imminent haz-
ard (as defined in section 521(b)(5)(B) of 
this title) to public health or property. 
‘‘(B) NOTICE OF REVOCATION.—The Sec-
retary may revoke a registration under this 
paragraph only after giving notice of the rev-
ocation to the registrant. 
‘‘(3) LIMITATION.—Paragraph (1)(E) (i) and 
(ii) shall not apply to a person who is unable to pay 
a civil penalty because the person is a debtor in a 
case under chapter 11 of title 11.’’. 
SEC. 5304. REVOCATION OF REGISTRATION FOR FAILURE 
TO RESPOND TO SUBPOENA. 
Section 525 is amended by inserting ‘‘subchapter III 
of chapter 311 or’’ before ‘‘chapter 139’’. 
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SEC. 5305. LAPSE OF REQUIRED FINANCIAL SECURITY; SUS-
PENSION OF REGISTRATION. 
Section 13906(e) is amended by inserting ‘‘or sus-
pend’’ after ‘‘revoke’’. 
Subtitle D—Grants and 
Authorizations 
SEC. 5401. FMCSA FINANCIAL ASSISTANCE PROGRAMS. 
(a) DEFINITION.—Section 31101 is amended— 
(1) by redesignating paragraph (4) as para-
graph (5); and 
(2) by inserting after paragraph (3) the fol-
lowing: 
‘‘(4) ‘Secretary’ means the Secretary of Trans-
portation.’’. 
(b) MCSAP 
AND
HIGH
PRIORITY
PROGRAMS; 
FMCSA AUTHORIZATIONS.—Sections 31102 through 
31104 are amended to read as follows: 
‘‘§ 31102. Motor carrier safety assistance program 
‘‘(a) IN GENERAL.— 
‘‘(1) The Secretary shall administer a Motor 
Carrier Safety Assistance Program funded under 
section 31104 of this title. 
‘‘(2) The goal of the program is to ensure that 
the Secretary, States, local governments, other polit-
ical 
jurisdictions, 
Federally 
recognized 
Indian 
Tribes, and other persons work in partnership to es-
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tablish programs to improve motor carrier, commer-
cial motor vehicle, and driver safety to support a 
safe and efficient surface transportation system by— 
‘‘(A) making targeted investments to pro-
mote safe commercial motor vehicle transpor-
tation, including the transportation of pas-
sengers and hazardous materials; 
‘‘(B) investing in activities likely to gen-
erate maximum reductions in the number and 
severity of commercial motor vehicle crashes 
and fatalities resulting from such crashes; 
‘‘(C) adopting and enforcing effective 
motor carrier, commercial motor vehicle, and 
driver safety regulations and practices con-
sistent with Federal requirements; and 
‘‘(D) assessing and improving statewide 
performance by setting program goals and 
meeting performance standards, measures, and 
benchmarks. 
‘‘(b) STATE PLANS.—The Secretary shall prescribe 
procedures for a State to submit a plan under which the 
State agrees to assume responsibility for improving motor 
carrier safety, adopting and enforcing regulations, stand-
ards, and orders of the Government on commercial motor 
vehicle and hazardous materials transportation safety, and 
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adopting and enforcing compatible State regulations, 
standards, and orders. The Secretary shall approve a plan 
if the Secretary decides that the plan is adequate to pro-
mote the objectives of this section, and the plan— 
‘‘(1) implements performance-based activities, 
including deployment of technology to enhance the 
efficiency and effectiveness of commercial motor ve-
hicle safety programs; 
‘‘(2) designates a lead State motor vehicle safe-
ty agency responsible for administering the plan 
throughout the State; 
‘‘(3) contains satisfactory assurances that the 
lead State agency has or will have the legal author-
ity, resources, and qualified personnel necessary to 
enforce the regulations, standards, and orders; 
‘‘(4) contains satisfactory assurances that the 
State will devote adequate resources to the adminis-
tration of the plan and enforcement of the regula-
tions, standards, and orders; 
‘‘(5) provides a right of entry and inspection to 
carry out the plan; 
‘‘(6) provides that all reports required under 
this section be available to the Secretary on request; 
‘‘(7) provides that the lead State agency will 
adopt the reporting requirements and use the forms 
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for recordkeeping, inspections, and investigations 
that the Secretary prescribes; 
‘‘(8) requires registrants of commercial motor 
vehicles to demonstrate knowledge of applicable safe-
ty regulations, standards, and orders of the Govern-
ment and the State; 
‘‘(9) provides that the State will grant max-
imum reciprocity for inspections conducted under 
the North American Inspection Standards through 
the use of a nationally accepted system that allows 
ready identification of previously inspected commer-
cial motor vehicles; 
‘‘(10) ensures that activities described in sub-
section (g) of this section, if financed through grants 
made under this section, will not diminish the effec-
tiveness of the development and implementation of 
commercial motor vehicle safety programs described 
in subsection (a) of this section; 
‘‘(11) ensures that the lead State agency will 
coordinate the plan, data collection, and information 
systems with the State highway safety improvement 
program required under section 148(c) of title 23; 
‘‘(12) ensures participation in appropriate Fed-
eral Motor Carrier Safety Administration informa-
tion technology and data systems and other informa-
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348 
tion systems by all appropriate jurisdictions receiv-
ing Motor Carrier Safety Assistance Program fund-
ing; 
‘‘(13) ensures that information is exchanged 
among the States in a timely manner; 
‘‘(14) provides satisfactory assurances that the 
State will undertake efforts that will emphasize and 
improve enforcement of State and local traffic safety 
laws and regulations related to commercial motor ve-
hicle safety; 
‘‘(15) provides satisfactory assurances that the 
State will promote activities in support of national 
priorities and performance goals, including— 
‘‘(A) activities aimed at removing impaired 
commercial motor vehicle drivers from the high-
ways of the United States through adequate en-
forcement of regulations on the use of alcohol 
and controlled substances and by ensuring 
ready roadside access to alcohol detection and 
measuring equipment; 
‘‘(B) activities aimed at providing an ap-
propriate level of training to State Motor Car-
rier Safety Assistance Program officers and em-
ployees on recognizing drivers impaired by alco-
hol or controlled substances; and 
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‘‘(C) when conducted with an appropriate 
commercial motor vehicle inspection, interdic-
tion activities, and appropriate strategies for 
carrying out those activities, including activities 
that affect the transportation of controlled sub-
stances, as defined under section 102 of the 
Comprehensive Drug Abuse Prevention and 
Control Act of 1970 (21 U.S.C. 802) and listed 
in part 1308 of title 21, Code of Federal Regu-
lations, as updated and republished from time 
to time, by any occupant of a commercial motor 
vehicle; 
‘‘(16) provides that the State has established 
and dedicated sufficient resources to a program to 
ensure that— 
‘‘(A) the State collects and reports to the 
Secretary accurate, complete, and timely motor 
carrier safety data; and 
‘‘(B) the State participates in a national 
motor carrier safety data correction system pre-
scribed by the Secretary; 
‘‘(17) ensures that the State will cooperate in 
the enforcement of financial responsibility require-
ments under sections 13906, 31138, and 31139 of 
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this title, and regulations issued under these sec-
tions; 
‘‘(18) ensures consistent, effective, and reason-
able sanctions; 
‘‘(19) ensures that roadside inspections will be 
conducted at locations that are adequate to protect 
the safety of drivers and enforcement personnel; 
‘‘(20) provides that the State will include in the 
training manuals for the licensing examination to 
drive both noncommercial motor vehicles and com-
mercial motor vehicles information on best practices 
for driving safely in the vicinity of noncommercial 
and commercial motor vehicles; 
‘‘(21) provides that the State will enforce the 
registration requirements of sections 13902 and 
31134 of this title by prohibiting the operation of 
any vehicle discovered to be operated by a motor 
carrier without a registration issued under these sec-
tions or to be operated beyond the scope of the 
motor carrier’s registration; 
‘‘(22) provides that the State will conduct com-
prehensive and highly visible traffic enforcement and 
commercial motor vehicle safety inspection programs 
in high-risk locations and corridors; 
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‘‘(23) except in the case of an imminent hazard 
or obvious safety hazard, ensures that an inspection 
of a vehicle transporting passengers for a motor car-
rier of passengers is conducted at a station, ter-
minal, border crossing, maintenance facility, destina-
tion, or other location where adequate food, shelter, 
and sanitation facilities are available for passengers, 
and reasonable accommodations are available for 
passengers with disabilities; 
‘‘(24) ensures that the State will transmit to its 
roadside inspectors the notice of each Federal ex-
emption granted pursuant to section 31315(b) of 
this title and 49 C.F.R. 390.23 and 390.25 and pro-
vided to the State by the Secretary, including the 
name of the person granted the exemption and any 
terms and conditions that apply to the exemption; 
‘‘(25) except as provided in subsection (c) of 
this section, provides that the State will conduct 
safety audits of new entrant motor carriers pursuant 
to section 31144(g) of this title; 
‘‘(26) provides that the State agrees to fully 
participate in the Performance and Registration In-
formation 
System 
Management 
under 
section 
31106(b) of this title no later than 3 years from the 
date of enactment of this provision by complying 
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352 
with the program participation requirements estab-
lished in section 31106(b)(3) of this title; and 
‘‘(27) for a State that shares a land border 
with another country, provides that the State— 
‘‘(A) will conduct a border commercial 
motor vehicle safety program that includes en-
forcement and related projects; or 
‘‘(B) if it declines to include appropriate 
border related activities in its plan, will forfeit 
a proportionate level of funding as determined 
by the Secretary. 
‘‘(c) EXCLUSION OF U.S. TERRITORIES.—The re-
quirement that a State conduct safety audits of new en-
trant motor carriers under subsection (b)(25) of this sec-
tion does not apply to a territory of the United States 
unless required by the Secretary. 
‘‘(d) INTRASTATE COMPATIBILITY.—The Secretary 
shall prescribe regulations specifying tolerance guidelines 
and standards for ensuring compatibility of intrastate 
commercial motor vehicle safety laws and regulations with 
Government motor carrier safety regulations to be en-
forced under subsection (a) of this section. To the extent 
practicable, the guidelines and standards shall allow for 
maximum flexibility while ensuring a degree of uniformity 
that will not diminish transportation safety. 
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‘‘(e) MAINTENANCE OF EFFORT.— 
‘‘(1) IN
GENERAL.—A plan submitted by a 
State under subsection (b) of this section shall pro-
vide that the total expenditure of amounts of the 
lead State agency responsible for administering the 
plan will be maintained at a level each fiscal year at 
least equal to the average level of that expenditure 
for fiscal years 2004 and 2005. 
‘‘(2) AVERAGE
LEVEL
OF
STATE
EXPENDI-
TURES.—In estimating the average level of State ex-
penditure under paragraph (1) of this subsection, 
the Secretary— 
‘‘(A) may allow the State to exclude State 
expenditures for Government-sponsored dem-
onstration and pilot programs and strike forces; 
‘‘(B) may allow the State to exclude ex-
penditures for activities related to border en-
forcement and new entrant safety audits; and 
‘‘(C) shall require the State to exclude 
State matching amounts used to receive Gov-
ernment financing under this section. 
‘‘(3) WAIVERS.—Upon the request of a State, 
the Secretary may waive or modify the requirements 
of this subsection for the period of the plan, if the 
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354 
Secretary determines that a waiver is equitable due 
to exceptional or uncontrollable circumstances. 
‘‘(f) USE OF UNIFIED CARRIER REGISTRATION FEES 
AGREEMENT.—Amounts generated under section 14504a 
of this title and received by a State and used for motor 
carrier safety purposes may be included as part of the 
State’s share of the Motor Carrier Safety Assistance Pro-
gram not provided by the Government. 
‘‘(g) USE OF GRANTS TO ENFORCE OTHER LAWS.— 
A State may use amounts received under a grant under 
this section— 
‘‘(1) if the activities are carried out in conjunc-
tion with an appropriate inspection of a commercial 
motor vehicle to enforce Federal or State commercial 
motor vehicle safety regulations, for the— 
‘‘(A) enforcement of commercial motor ve-
hicle size and weight limitations at locations 
(excluding fixed weight facilities) such as near 
steep grades or mountainous terrains, where 
the weight of a commercial motor vehicle can 
significantly affect the safe operation of the ve-
hicle, or at ports where intermodal shipping 
containers enter and leave the United States; 
and 
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‘‘(B) detection of and enforcement actions 
taken as a result of criminal activity, including 
the trafficking of human beings, in a commer-
cial motor vehicle or by any occupant, including 
the operator, of the vehicle; 
‘‘(2) for documented enforcement of State traf-
fic laws and regulations designed to promote the 
safe operation of commercial motor vehicles, includ-
ing documented enforcement of such laws and regu-
lations relating to noncommercial motor vehicles 
when necessary to promote the safe operation of 
commercial motor vehicles, provided: 
‘‘(A) the number of motor carrier safety 
activities (including roadside safety inspections) 
conducted in the State is maintained at a level 
at least equal to the average level of such activi-
ties conducted in the State in fiscal years 2004 
and 2005; and 
‘‘(B) the State does not use more than 5 
percent of the basic amount the State receives 
under a grant under this section for enforce-
ment activities relating to noncommercial motor 
vehicles unless the Secretary determines that a 
higher percentage will result in significant in-
creases in commercial motor vehicle safety; and 
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‘‘(3) for the enforcement of household goods 
regulations on intrastate and interstate carriers, pro-
vided that the State has adopted laws or regulations 
compatible with the Federal household goods regula-
tions. 
‘‘(h) EVALUATION
OF
PLAN
AND
AWARD
OF 
GRANT.— 
‘‘(1) AWARD.—The Secretary may allocate the 
amounts appropriated among the States whose plans 
have been approved under criteria that the Secretary 
establishes. 
‘‘(2) OPPORTUNITY TO CURE.—If the Secretary 
disapproves a plan under this section, the Secretary 
shall give the State a written explanation of the rea-
sons for disapproval and allow the State to modify 
and resubmit the plan for approval. 
‘‘(i) PLAN MONITORING.— 
‘‘(1) IN
GENERAL.—On the basis of reports 
submitted by the lead State agency responsible for 
administering a plan approved under this section 
and the Secretary’s own investigations, the Secretary 
shall make a continuing evaluation of the way the 
State is carrying out the plan. 
‘‘(2) WITHHOLDING OF FUNDS.—If, after no-
tice and an opportunity to be heard, the Secretary 
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357 
finds that the State plan previously approved is not 
being followed or has become inadequate to ensure 
enforcement of the regulations, standards, or orders, 
the Secretary may withdraw approval of the plan 
and notify the State. The plan is no longer in effect 
once the notice is received. In lieu of withdrawing 
approval of the plan, the Secretary may withhold 
funding from the State to which the State would 
otherwise be entitled under this section for the pe-
riod of the State’s noncompliance. In exercising this 
option, the Secretary may withhold up to 10 percent 
of funds for the year that the Secretary notifies the 
State of its noncompliance, up to 10 percent of 
funds for the first full year of noncompliance, up to 
25 percent of funds for the second full year of non-
compliance, and not less than 50 percent of funds 
for the third and subsequent full years of noncompli-
ance. 
‘‘(3) JUDICIAL REVIEW.—A State adversely af-
fected by the Secretary’s action under paragraph (2) 
of this subsection may seek judicial review under 
chapter 7 of title 5. Notwithstanding withdrawal of 
a plan approval, the State may retain jurisdiction in 
administrative or judicial proceedings begun before 
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the withdrawal if the issues involved are not related 
directly to the reasons for the withdrawal. 
‘‘(j) ALLOCATION OF MCSAP FUNDS.—On October 
1 of each fiscal year, or as soon as practicable after that 
date, and after making a deduction under section 
31104(a)(3) of this title, the Secretary shall allocate 
amounts made available to carry out this section for the 
fiscal year among the States with plans approved under 
this section. The allocation shall be made under criteria 
prescribed by the Secretary. 
‘‘§ 31103. High priority program 
‘‘(a) IN GENERAL.—The Secretary shall administer 
a High Priority Program funded under section 31104 of 
this title. 
‘‘(b) PURPOSE.—The purpose of the program is to 
make grants to and cooperative agreements with States, 
local governments, other political jurisdictions, Federally 
recognized Indian Tribes, and any person to carry out 
high priority activities and projects, including activities 
and projects that— 
‘‘(1) increase public awareness and education 
on commercial motor vehicle safety; 
‘‘(2) target unsafe driving of commercial motor 
vehicles and non-commercial motor vehicles in areas 
identified as high-risk crash corridors; 
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‘‘(3) support the enforcement of household 
goods regulations on intrastate and interstate car-
riers, provided that the State has adopted laws or 
regulations compatible with the Federal household 
good regulations; 
‘‘(4) improve the safe and secure movement of 
hazardous materials and the transportation of goods 
and persons in foreign commerce; 
‘‘(5) demonstrate new technologies to improve 
commercial motor vehicle safety; 
‘‘(6) otherwise improve commercial motor vehi-
cle safety and compliance with commercial motor ve-
hicle safety regulations; or 
‘‘(7) support participation in the Performance 
and Registration Information System Management 
under section 31106(b) of this title. 
‘‘(c) SAFETY DATA IMPROVEMENT.— 
‘‘(1) IN GENERAL.—In addition to the activities 
and projects under subsection (b) of this section and 
subject to paragraph (2) of this subsection, the Sec-
retary may make a grant to or cooperative agree-
ment with a State under this section to improve the 
accuracy, timeliness, and completeness of commer-
cial motor vehicle safety data reported to the Sec-
retary. 
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‘‘(2) ELIGIBILITY.—A State shall be eligible for 
funding under this subsection in a fiscal year if the 
Secretary determines that the State has— 
‘‘(A) conducted a comprehensive audit of 
its commercial motor vehicle safety data system 
within the preceding 2 years; 
‘‘(B) developed a plan that identifies and 
prioritizes its commercial motor vehicle safety 
data needs and goals; and 
‘‘(C) identified performance-based meas-
ures to determine progress toward those goals. 
‘‘§ 31104. Availability of amounts 
‘‘(a) FINANCIAL ASSISTANCE PROGRAMS.— 
‘‘(1) IN GENERAL.—The following sums are au-
thorized to be appropriated from the Highway Ac-
count of the Transportation Trust Fund for the fol-
lowing Federal Motor Carrier Safety Administration 
programs: 
‘‘(A) GRANT PROGRAM FOR THE MOTOR 
CARRIER SAFETY ASSISTANCE PROGRAM.—Sub-
ject to paragraph 3 of this subsection, to carry 
out sections 31102 and 31103 of this title— 
‘‘(i) $284,343,000 for fiscal year 
2016; 
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‘‘(ii) $309,081,000 for fiscal year 
2017; 
‘‘(iii) $332,081,000 for fiscal year 
2018; 
‘‘(iv) $342,081,000 for fiscal year 
2019; 
‘‘(v) $351,081,000 for fiscal year 
2020; and 
‘‘(vi) $359,081,000 for fiscal year 
2021. 
‘‘(B) FINANCIAL
ASSISTANCE
PROGRAM 
FOR
HIGH
PRIORITY
ACTIVITIES.—To make 
grants and cooperative agreements under sec-
tion 31103 of this title, the Secretary may set 
aside from amounts made available under sub-
paragraph (A) of this paragraph up to— 
‘‘(i) $23,526,000 for fiscal year 2016; 
‘‘(ii) $29,704,000 for fiscal year 2017; 
‘‘(iii) $29,704,000 for fiscal year 
2018; 
‘‘(iv) $29,704,000 for fiscal year 
2019; 
‘‘(v) $29,704,000 for fiscal year 2020; 
and 
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‘‘(vi) $29,704,000 for fiscal year 
2021. 
‘‘(C) GRANT
PROGRAM
FOR
INNOVATIVE 
TECHNOLOGY.—To carry out section 31109 of 
this title— 
‘‘(i) $20,000,000 for fiscal year 2016; 
‘‘(ii) $22,500,000 for fiscal year 2017; 
‘‘(iii) $25,000,000 for fiscal year 
2018; 
‘‘(iv) $25,000,000 for fiscal year 
2019; 
‘‘(v) $25,000,000 for fiscal year 2020; 
and 
‘‘(vi) $25,000,000 for fiscal year 
2021. 
‘‘(D) FINANCIAL
ASSISTANCE
PROGRAM 
FOR COMMERCIAL DRIVER’S LICENSE PROGRAM 
IMPLEMENTATION.—To 
carry 
out 
section 
31313 of this title— 
‘‘(i) $34,000,000 for fiscal year 2016; 
‘‘(ii) $39,196,000 for fiscal year 2017; 
‘‘(iii) $39,196,000 for fiscal year 
2018; 
‘‘(iv) $39,196,000 for fiscal year 
2019; 
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‘‘(v) $39,196,000 for fiscal year 2020; 
and 
‘‘(vi) $39,196,000 for fiscal year 
2021. 
‘‘(E) GRANT PROGRAM FOR COMMERCIAL 
MOTOR
VEHICLE
OPERATORS.—To carry out 
section 31110 of this title, $1,000,000 for each 
fiscal year, 2016 through 2021. 
‘‘(2) REIMBURSEMENT
FOR
GOVERNMENT’S 
SHARE OF COSTS.—Amounts made available under 
this section shall be used to reimburse financial as-
sistance recipients proportionally for the United 
States Government’s share of the costs incurred. 
‘‘(3) DEDUCTION FOR PARTNER TRAINING AND 
PROGRAM SUPPORT.—On October 1 of each fiscal 
year or as soon after that date as practicable, the 
Secretary may deduct, from amounts made available 
under subparagraphs (A), (C), and (D) of paragraph 
1 of this subsection for that fiscal year, not more 
than 1.50 percent of those amounts for partner 
training and program support in that fiscal year. 
The Secretary shall use at least 75 percent of those 
deducted amounts to train non-Government employ-
ees and to develop related training materials in car-
rying out these programs. 
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‘‘(4) GRANTS AND COOPERATIVE AGREEMENTS 
AS CONTRACTUAL OBLIGATIONS.—The approval of a 
grant or cooperative agreement by the Secretary 
under section 31102, 31103, 31109, 31110, or 
31313 of this title is a contractual obligation of the 
Government for payment of the Government’s share 
of costs in carrying out the provisions of the grant 
or cooperative agreement. 
‘‘(5) ELIGIBLE
ACTIVITIES.—The Secretary 
shall establish criteria for eligible activities to be 
funded with grants or cooperative agreements under 
this section and publish those criteria in a notice of 
funding availability before the program application 
period. 
‘‘(6) REIMBURSEMENT.—The Secretary shall 
reimburse a recipient, from a grant or cooperative 
agreement made under section 31102, 31103, 
31109, 31110, or 31313 of this title, an amount 
that is at least 85 percent of the costs incurred by 
the recipient in a fiscal year in developing and im-
plementing programs under these sections. 
‘‘(7) PAYMENT TO RECIPIENTS FOR COSTS.— 
Each recipient shall submit vouchers at least quar-
terly for costs the recipient incurs in developing and 
implementing programs under section 31102, 31103, 
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31109, 31110, or 31313 of this title. The Secretary 
shall pay the recipient an amount not more than the 
Government share of the costs incurred as of the 
date of the vouchers. The Secretary shall include a 
recipient’s in-kind contributions in determining the 
reimbursement. 
‘‘(8) AVAILABILITY OF ALLOCATIONS.—Grants 
or cooperative agreements to carry out section 
31102, 31103, 31109, 31110, or 31313 of this title 
remain available for expenditure by the recipient for 
the fiscal year in which they are allocated and for 
the next two fiscal years. Amounts not expended 
during the time permitted are released to the Sec-
retary for reallocation. 
‘‘(b) ADMINISTRATIVE EXPENSES.— 
‘‘(1) AUTHORIZATION
OF
APPROPRIATIONS.— 
The following sums are authorized to be appro-
priated from the Highway Account of the Transpor-
tation Trust Fund for the Secretary of Transpor-
tation to pay administrative expenses of the Federal 
Motor Carrier Safety Administration— 
‘‘(A) $329,180,000 for fiscal year 2016; 
‘‘(B) $375,823,000 for fiscal year 2017; 
‘‘(C) $399,723,000 for fiscal year 2018; 
‘‘(D) $391,723,000 for fiscal year 2019; 
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‘‘(E) $399,723,000 for fiscal year 2020; 
and 
‘‘(F) $406,723,000 for fiscal year 2021. 
‘‘(2) USE OF FUNDS.—The funds authorized by 
this subsection shall be used for personnel costs; ad-
ministrative infrastructure; rent; information tech-
nology; programs for research and technology, infor-
mation management, regulatory development, the 
administration of the performance and registration 
information system management, and outreach and 
education; to fund the facilities working capital 
fund; other operating expenses; and such other ex-
penses as may from time to time become necessary 
to implement statutory mandates of the Federal 
Motor Carrier Safety Administration not funded 
from other sources. 
‘‘(3) OUTREACH AND EDUCATION.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
conduct, through any combination of grants, 
contracts, or cooperative agreements, an out-
reach and education program to be adminis-
tered by the Federal Motor Carrier Safety Ad-
ministration. 
‘‘(B) PROGRAM ELEMENTS.—The program 
shall include, at a minimum— 
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‘‘(i) a program to promote a more 
comprehensive and national effort to edu-
cate commercial motor vehicle drivers and 
passenger vehicle drivers about how com-
mercial motor vehicle drivers and pas-
senger vehicle drivers can more safely 
share the road with each other; 
‘‘(ii) a program to promote enhanced 
traffic enforcement efforts aimed at reduc-
ing the incidence of the most common un-
safe driving behaviors that cause or con-
tribute to crashes involving commercial 
motor vehicles and passenger vehicles; and 
‘‘(iii) a program to establish a public- 
private partnership to provide resources 
and expertise for the development and dis-
semination of information relating to shar-
ing the road referred to in clauses (i) and 
(ii) of this subparagraph to each partner’s 
constituents and to the general public 
through the use of brochures, videos, paid 
and public advertisements, the Internet, 
and other media. 
‘‘(C) FUNDING.—From amounts made 
available in paragraph (1) of this subsection, 
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the Secretary shall make available in support of 
the office of Outreach and Education such 
sums as may be necessary to conduct the Out-
reach and Education Program. 
‘‘(D) 
FEDERAL
SHARE.—The 
Federal 
share of a program or activity for which a grant 
or cooperative agreement is made under this 
paragraph shall be at least 85 percent of the 
cost of such program or activity. 
‘‘(4) MOTOR CARRIER SAFETY FACILITY WORK-
ING CAPITAL FUND.— 
‘‘(A) IN GENERAL.—The Secretary may es-
tablish a motor carrier safety facility working 
capital fund. 
‘‘(B) PURPOSE.—Amounts in the fund 
shall be available for modernization, construc-
tion, leases and expenses related to vacating, 
occupying, maintaining and expanding motor 
carrier safety facilities. 
‘‘(C) AVAILABILITY.—Amounts in the fund 
shall be available without regard to fiscal year 
limitation. 
‘‘(D) FUNDING.—Amounts may be appro-
priated to the fund from the amounts made 
available paragraph (1) of this subsection. 
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‘‘(E) FUND
TRANSFERS.—The Agency 
may transfer funds to the working capital fund 
from the amounts made available in paragraph 
(1) of this subsection. 
‘‘(c) CONTRACT
AUTHORITY; INITIAL
DATE
OF 
AVAILABILITY.—Amounts authorized from the Highway 
Account of the Transportation Trust Fund by this section 
shall be available for obligation on the date of their appor-
tionment or allocation or on October 1 of the fiscal year 
for which they are authorized, whichever occurs first. 
‘‘(d) FUNDING AVAILABILITY.—Amounts made avail-
able under this section remain available until expended.’’. 
(c) 
INNOVATIVE
TECHNOLOGY
DEPLOYMENT 
GRANTS.—Section 31109 is amended to read as follows: 
‘‘§ 31109. Innovative technology deployment grants 
‘‘(a) IN GENERAL.— 
‘‘(1) PROGRAM.—The Secretary shall admin-
ister an innovative technology program funded under 
section 31104 of this title. 
‘‘(2) GOAL.—The goal of the program is to sup-
port and maintain a commercial motor vehicle infor-
mation systems and networks program to— 
‘‘(A) link Federal motor carrier safety in-
formation systems with State commercial motor 
vehicle systems; 
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‘‘(B) improve the safety and productivity 
of commercial motor vehicles and drivers; and 
‘‘(C) reduce costs associated with commer-
cial motor vehicle operations and Federal and 
State commercial vehicle regulatory require-
ments. 
‘‘(b) PURPOSE.—The program shall advance the 
technological capability and promote the deployment of in-
telligent transportation system applications for commer-
cial motor vehicle operations, including commercial motor 
vehicle, commercial driver, and carrier-specific information 
systems and networks. 
‘‘(c) DEPLOYMENT GRANTS.— 
‘‘(1) IN GENERAL.—The Secretary shall make 
grants to eligible States for the deployment of com-
mercial motor vehicle information systems and net-
works. 
‘‘(2) USE
OF
FUNDS.—Funds from a grant 
under this section may be used for deployment ac-
tivities and activities to develop new and innovative 
advanced technology solutions that support commer-
cial motor vehicle information systems and networks. 
‘‘(d) ELIGIBILITY.—To be eligible for a grant under 
this section, a State— 
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‘‘(1) shall have a commercial motor vehicle in-
formation systems and networks program plan ap-
proved by the Secretary that describes the various 
systems and networks at the State level that need to 
be refined, revised, upgraded, or built to accomplish 
deployment of commercial motor vehicle information 
systems and networks capabilities; 
‘‘(2) shall certify to the Secretary that its com-
mercial motor vehicle information systems and net-
works deployment activities, including hardware pro-
curement, software and system development, and in-
frastructure modifications— 
‘‘(A) are consistent with the national intel-
ligent transportation systems and commercial 
motor vehicle information systems and networks 
architectures and available standards; and 
‘‘(B) promote interoperability and effi-
ciency to the extent practicable; and 
‘‘(3) shall agree to execute interoperability tests 
developed by the Federal Motor Carrier Safety Ad-
ministration to verify that its systems conform with 
the national intelligent transportation systems archi-
tecture, applicable standards, and protocols for com-
mercial motor vehicle information systems and net-
works. 
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‘‘(e) DEFINITIONS.—In this section: 
‘‘(1) ‘Commercial motor vehicle information 
systems and networks’ means the information sys-
tems and communications networks that provide the 
capability to— 
‘‘(A) improve the safety of commercial 
motor vehicle operations; 
‘‘(B) increase the efficiency of regulatory 
inspection processes to reduce administrative 
burdens by advancing technology to facilitate 
inspections and increase the effectiveness of en-
forcement efforts; 
‘‘(C) advance electronic processing of reg-
istration information, driver licensing informa-
tion, fuel tax information, inspection and crash 
data, and other safety information; 
‘‘(D) enhance the safe passage of commer-
cial motor vehicles across the United States and 
across international borders; and 
‘‘(E) promote the communication of infor-
mation among the States and encourage 
multistate cooperation and corridor develop-
ment. 
‘‘(2) ‘Commercial motor vehicle operations’— 
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‘‘(A) means motor carrier operations and 
commercial motor vehicle regulatory activities 
associated with the commercial motor vehicle 
movement of goods, including property, haz-
ardous materials, and passengers; and 
‘‘(B) with respect to the public sector, in-
cludes the issuance of operating credentials, the 
administration of commercial motor vehicle and 
fuel taxes, and roadside safety and border 
crossing inspection and regulatory compliance 
operations. 
‘‘(3) ‘Deployment’ means, at a minimum, the 
implementation of systems in a State necessary to 
provide the State with the following capabilities: 
‘‘(A) A safety information exchange to— 
‘‘(i) electronically collect and transmit 
commercial motor vehicle and driver in-
spection data at a majority of inspection 
sites in the State; 
‘‘(ii) connect to the safety and fitness 
electronic records system for access to 
interstate carrier and commercial motor 
vehicle data, summaries of past safety per-
formance, and commercial motor vehicle 
credentials information; and 
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‘‘(iii) exchange carrier data and com-
mercial motor vehicle safety and creden-
tials information within the State and con-
nect to such system for access to interstate 
carrier, commercial motor vehicle, and 
commercial driver data. 
‘‘(B) Interstate credentials administration 
to— 
‘‘(i) perform end-to-end processing, 
including carrier application, jurisdiction 
application 
processing, 
and 
credential 
issuance, of at least the international reg-
istration plan and international fuel tax 
agreement credentials and extend this 
processing to other credentials, including 
intrastate registration, vehicle titling, over-
size vehicle permits, overweight vehicle per-
mits, carrier registration, and hazardous 
materials permits; and 
‘‘(ii) connect to such plan and agree-
ment clearinghouses. 
‘‘(C) Roadside electronic screening to elec-
tronically screen commercial vehicles at a min-
imum of one fixed or mobile inspection site in 
the State.’’. 
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(d) DRIVER TRAINING GRANT PROGRAM.—Chapter 
311 is amended by inserting after section 31109 (as 
amended by subsection (c) of this section) the following: 
‘‘§ 31110. Commercial motor vehicle operators grant 
program 
‘‘(a) IN GENERAL.—The Secretary shall administer 
a Commercial Motor Vehicle Operators Grant Program 
funded under section 31104 of this title. 
‘‘(b) PURPOSE.—The purpose of the program is to 
train individuals in the safe operation of commercial motor 
vehicles as defined under section 31301 of this title.’’. 
(e) Section 31313 is amended to read as follows: 
‘‘§ 31313. Financial assistance program for commer-
cial driver’s license program implementa-
tion 
‘‘(a) IN GENERAL.— 
‘‘(1) PURPOSE.—The Secretary of Transpor-
tation may make a grant to a State agency in a fis-
cal year— 
‘‘(A) to comply with the requirements of 
section 31311 of this title; 
‘‘(B) in the case of a State that is making 
a good faith effort toward substantial compli-
ance with the requirements of section 31311 of 
this title, to improve its implementation of its 
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commercial driver’s license program, including 
expenses— 
‘‘(i) for computer hardware and soft-
ware; 
‘‘(ii) for publications, testing, per-
sonnel, training, and quality control; 
‘‘(iii) for commercial driver’s license 
program coordinators; and 
‘‘(iv) to implement or maintain a sys-
tem to notify an employer of an operator 
of a commercial motor vehicle of the sus-
pension or revocation of the operator’s 
commercial driver’s license consistent with 
the standards developed under section 
32303(b) of the Commercial Motor Vehicle 
Safety Enhancement Act of 2012 (49 
U.S.C. 31304 note). 
‘‘(2) PRIORITY
ACTIVITIES.—The Secretary 
may make a grant or cooperative agreement in a fis-
cal year to a State agency, local government, or any 
person for research, development or testing, dem-
onstration projects, public education, or other special 
activities and projects relating to commercial driver’s 
licensing and motor vehicle safety that— 
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‘‘(A) are of benefit to all jurisdictions of 
the United States; 
‘‘(B) are designed to address national safe-
ty concerns and circumstances; 
‘‘(C) are designed to address emerging 
issues relating to commercial driver’s license 
improvements; or 
‘‘(D) support innovative ideas and solu-
tions to commercial driver’s license program 
issues. 
‘‘(b) PROHIBITIONS.—A recipient may not use finan-
cial assistance funds awarded under this section to rent, 
lease, or buy land or buildings. 
‘‘(c) APPORTIONMENT.—All amounts made available 
to carry out this section for a fiscal year shall be appor-
tioned according to criteria prescribed by the Secretary of 
Transportation.’’. 
(f) MISCELLANEOUS REPEALS.— 
(1) Subsection (b) of section 31106 is amended 
by striking paragraph (4). 
(2) Section 31107 is repealed. 
(3) Subsection (g) of section 31144 is amended 
by striking paragraph (4), as redesignated by section 
5105 of this Act. 
(g) TECHNICAL AND CONFORMING AMENDMENT.— 
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(1) The analysis for chapter 311 is amended 
by— 
(A) striking the item relating to section 
31102 and inserting ‘‘31102. Motor Carrier 
Safety Assistance Program.’’; 
(B) striking the item relating to section 
31103 and inserting ‘‘31103. High Priority 
Grant Program.’’; 
(C) striking the item relating to section 
31107; 
(D) striking the item relating to section 
31109 and inserting ‘‘Innovative Technology 
Deployment Grants.’’; and 
(E) by adding at the end of Subchapter I 
the following: ‘‘31110. Commercial Motor Vehi-
cle Operators Grant Program.’’ 
(2) 
The 
subsection 
heading 
for 
section 
31106(b) is amended by striking ‘‘program’’ and in-
serting ‘‘system management’’. 
(3) Section 31161 is amended by striking 
‘‘31104(i)’’ and inserting ‘‘31104(b)’’. 
(4) The analysis for chapter 313 is amended by 
striking the item relating to section 31313 and in-
serting: ‘‘31313. Financial assistance program for 
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commercial driver’s license program implementa-
tion.’’. 
Subtitle E—Miscellaneous 
SEC. 5501. MOTOR CARRIER SAFETY ADVISORY COM-
MITTEE. 
(a) MOTOR
CARRIER
SAFETY
ADVISORY
COM-
MITTEE.—Subchapter III of chapter 311 is amended by 
inserting after section 31152 (as added by section 5204) 
the following: 
‘‘§ 31153. Motor carrier safety advisory committee 
‘‘(a) ESTABLISHMENT AND DUTIES.—The Secretary 
shall maintain for the Federal Motor Carrier Safety Ad-
ministration a motor carrier safety advisory committee. 
The committee shall— 
‘‘(1) provide advice and recommendations to the 
Administrator of the Federal Motor Carrier Safety 
Administration about needs, objectives, plans, ap-
proaches, content, and accomplishments of the 
motor carrier safety programs carried out by the Ad-
ministration; and 
‘‘(2) provide advice and recommendations to the 
Administrator on motor carrier safety regulations. 
‘‘(b) MEMBERS, CHAIRMAN, PAY, AND EXPENSES.— 
‘‘(1) IN
GENERAL.—The committee shall be 
composed of not more than 20 members appointed 
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by the Administrator from among individuals who 
are not employees of the Administration and who 
are specially qualified to serve on the committee be-
cause of their education, training, or experience. The 
members shall consist of representatives of the 
motor carrier industry, nonprofit employee labor or-
ganizations representing commercial vehicle drivers, 
safety advocates, and safety enforcement officials. 
Representatives of a single enumerated interest 
group may not constitute a majority of the members 
of the advisory committee. A person appointed under 
this section shall not be considered an employee of 
the Federal Government by reason of the appoint-
ment. 
‘‘(2) CHAIRMAN.—The Administrator shall des-
ignate the chairman of the committee. 
‘‘(3) PAY.—A member of the committee shall 
serve without pay; except that the Administrator 
may allow a member, when attending meetings of 
the committee or a subcommittee of the committee, 
expenses authorized under section 5703 of title 5, 
relating to per diem, travel, and transportation ex-
penses. 
‘‘(c) SUPPORT STAFF, INFORMATION, AND SERV-
ICES.—The Administrator shall provide staff for the com-
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mittee. On request of the committee, and subject to the 
availability of funding, the Administrator shall provide in-
formation, administrative services, and supplies that the 
Administrator considers necessary for the committee to 
carry out its duties and powers.’’. 
(b) CONFORMING AMENDMENTS.— 
(1) The analysis for chapter 311 is amended by 
inserting after the item relating to 31152 (as added 
by section 5204 of this Act) the following: 
‘‘31153. Motor Carrier Safety Advisory Committee.’’. 
(2) Section 4144 of the Safe, Accountable, 
Flexible, Efficient Transportation Equity Act: A 
Legacy for Users (49 U.S.C. 31100 note) is re-
pealed. 
SEC. 5502. UNIFIED CARRIER REGISTRATION PLAN. 
Section 14504a is amended— 
(1) in subsection (a)(5)(A)(ii)(II), by striking 
‘‘subsection (d)(4)(C)’’ and inserting ‘‘subsection 
(d)(5)(C)’’; 
(2) in subsection (d)(1)(B), by striking ‘‘ap-
pointed by the Secretary as follows’’ and inserting ‘‘. 
In making appointments of directors, the Secretary 
should seek to achieve the following distribution’’; 
(3) in subsection (d)(1)(B)(iii), by striking 
‘‘Five’’ and inserting ‘‘Six’’ and inserting the fol-
lowing before the last sentence: ‘‘At least one of the 
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appointees under this clause shall be a representa-
tive of the passenger motorcoach industry.’’; 
(4) in subsection (d)(1)(B), by striking clause 
(iv); 
(5) in subsection (d)(1)(C), by striking ‘‘Sec-
retary’’ and inserting ‘‘board of directors’’; 
(6) in subsection (d)(1)(D)— 
(A) by striking clause (i) and redesignating 
clauses (ii) through (iv) as clauses (i) through 
(iii), respectively; and 
(B) by amending clause (i), (as so redesig-
nated) to read as follows: 
‘‘(i) TERMS.—All directors shall be 
appointed for terms of 3 years.’’; 
(7) in subsection (d)(2)(C), by striking ‘‘and’’; 
(8) in subsection (d)(2)(D), by striking the pe-
riod and inserting ‘‘; and’’ at the end; 
(9) in subsection (d)(2), by inserting after sub-
paragraph (D) the following: 
‘‘(E) require the board to conduct an audit 
of the UCR plan’s use of administrative fees no 
less frequently than once every two years.’’; 
(10) in subsection (d)(3)(A)— 
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383 
(A) by striking ‘‘Except for the representa-
tive of the Department appointed under para-
graph (1)(B)(iv), no’’; and 
(B) by inserting ‘‘No’’ before ‘‘director 
shall receive’’; 
(11) in subsection (d)(4)(A), by striking ‘‘of the 
board,’’ and inserting ‘‘of the board or’’ and striking 
‘‘, or the Secretary’’; 
(12) in subsection (d)(6), by inserting ‘‘or the 
United States Government’’ after ‘‘agency of a 
State’’; 
(13) by redesignating section 14504a(d)(7)(A) 
as section 14504a(d)(7) and amending paragraph 
(7) (as so redesignated) to read as follows: 
‘‘(7) SETTING FEES.—The board shall set the 
initial annual fees to be assessed carriers, leasing 
companies, brokers, and freight forwarders under 
the unified carrier registration agreement. In setting 
the level of fees to be assessed in any agreement 
year, and in setting the fee level, the board shall 
consider— 
‘‘(A) the administrative costs associated 
with the unified carrier registration plan and 
the agreement; 
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‘‘(B) whether the revenues generated in 
the previous year and any surplus or shortage 
from that year or prior years enable the partici-
pating States to achieve the revenue levels set 
by the board; and 
‘‘(C) the provisions governing fees under 
subsection (f)(1).’’; 
(14) by striking subsection (d)(7)(B); 
(15) by amending subsection (d)(9) to read as 
follows: 
‘‘(9) INAPPLICABILITY.—Neither the Federal 
Advisory Committee Act (5 U.S.C. App.) nor the 
Administrative Procedure Act (5 U.S.C. 551 et seq.) 
shall apply to the unified carrier registration plan, 
the board, or its committees.’’; 
(16) 
by 
redesignating 
subsections 
(d)(1) 
through (10) as (d)(2) through (11), respectively; 
(17) by inserting a new subsection (d)(1) before 
subsection (d)(2) (as redesignated in paragraph) to 
read as follows: 
‘‘(1) STATUS.—The unified carrier registration 
plan— 
‘‘(A) is an interstate agreement established 
under this section; 
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‘‘(B) shall be operated as a not-for-profit 
corporation; and 
‘‘(C) is not a department, agency or instru-
mentality of the United States Government.’’; 
(18) in subsection (e), by striking subparagraph 
(5); 
(19) in subsection (e)(2), by striking ‘‘the Sec-
retary and’’; 
(20) in subsection (e)(3)— 
(A) by striking ‘‘Secretary’’ the first place 
it appears; 
(B) by inserting ‘‘chairperson of the board 
of directors’’; and 
(C) by striking the last sentence; 
(21) in subsection (e)(4), by striking ‘‘Sec-
retary’’ and inserting ‘‘chairperson of the board of 
directors’’; 
(22) in subsection (f)(1)(E), by striking ‘‘ask 
the Secretary to’’; 
(23) by striking subsection (f)(1)(B) and redes-
ignating subsections (f)(1)(C) through (f)(1)(E) as 
subsections (f)(1)(B) through (f)(1)(D), respectively; 
(24) in subsection (h)(2)— 
(A) by striking ‘‘participating’’; and 
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(B) by striking ‘‘subsection (d)(2)(D)’’ and 
inserting ‘‘subsection (d)(3)(D)’’, as redesig-
nated; 
(25) by amending subsection (h)(3)(B) to read 
as follows: 
‘‘(B) To pay the administrative costs of 
the UCR plan and the UCR agreement. Pay-
ments for administrative costs may be made 
prior to making distributions under subpara-
graph (A).’’; 
(26) in subsection (h)(4), by striking ‘‘Sec-
retary’’ and inserting ‘‘board’’; and 
(27) by amending subsection (i) to read as fol-
lows: 
‘‘(i) ENFORCEMENT.—Nothing in this section— 
‘‘(1) prohibits a participating State from 
issuing citations and imposing reasonable fines and 
penalties pursuant to the applicable laws and regula-
tions of the State on any motor carrier, motor pri-
vate carrier, freight forwarder, broker, or leasing 
company for failure to— 
‘‘(A) submit information documents as re-
quired under subsection (d)(3); or 
‘‘(B) pay the fees required under sub-
section (f); or 
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‘‘(2) authorizes a State to require a motor car-
rier, motor private carrier, or freight forwarder to 
display as evidence of compliance any form of identi-
fication in excess of those permitted under section 
14506 of this title on or in a commercial motor vehi-
cle.’’. 
SEC. 5503. SELF-INSURANCE FOR MOTOR CARRIERS RE-
PEALED. 
Section 13906(d) is amended by striking the second, 
third and last sentences. 
SEC. 5504. ELECTRONIC LOGGING DEVICE RECALL AU-
THORITY. 
Section 31137 is amended— 
(1) by redesignating subsections (f) and (g) as 
subsections (h) and (i), respectively; and 
(2) by inserting before subsection (h), as redes-
ignated, the following: 
‘‘(f) NOTICE
AND RECORD REQUIREMENTS.—The 
Secretary may require an electronic logging device pro-
vider to— 
‘‘(1) provide the purchaser or lessee of an elec-
tronic logging device, in a manner the Secretary con-
siders appropriate, any information or notice that 
the Secretary considers necessary; and 
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‘‘(2) maintain records of electronic logging de-
vice purchasers and lessees in order to provide any 
information or notice required under paragraph (1) 
of this subsection. 
‘‘(g) NONCOMPLIANT DEVICES.— 
‘‘(1) The Secretary shall notify an electronic 
logging device provider after making a preliminary 
decision that an electronic logging device does not 
comply with the standards established through the 
regulations prescribed under subsection (a) in effect 
at the time of certification. 
‘‘(2) The Secretary shall publish notice of each 
preliminary decision in the Federal Register. 
‘‘(3) The Secretary may make a final decision 
that an electronic logging device does not comply 
with the standards only after— 
‘‘(A) giving the electronic logging device 
provider an opportunity to— 
‘‘(i) correct the deficiency in order 
that the electronic logging device complies 
with the standards; or 
‘‘(ii) present information to show that 
the electronic logging device complies with 
the standards; and 
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‘‘(B) giving any other interested person an 
opportunity to present information as to the 
electronic logging device’s noncompliance. 
‘‘(4) If the Secretary makes a final decision 
that an electronic logging device does not comply 
with the standards in effect at the time of certifi-
cation, the Secretary shall order the electronic log-
ging device provider to give notice under subsection 
(f) of this section to each purchaser or lessee of the 
electronic logging device that the electronic logging 
device provider has been required to— 
‘‘(A) recall the electronic logging device; 
and 
‘‘(B) remedy the defect so that the pur-
chaser or lessee of the electronic logging device 
obtains a compliant electronic logging device 
within a reasonable time and in accordance with 
the terms prescribed by the Secretary.’’. 
SEC. 5505. REPEAL OF MOTOR CARRIER FINANCIAL RE-
PORTING REQUIREMENT. 
Section 14123 and the item relating to that section 
in the analysis for chapter 141 are repealed. 
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SEC. 5506. CONTRACTORS EXERCISING OPERATIONAL CON-
TROL OVER MOTOR CARRIER OPERATIONS. 
(a) CONTRACTORS EXERCISING OPERATIONAL CON-
TROL OVER MOTOR CARRIER OPERATIONS.—Chapter 311 
is amended by inserting after section 31139 the following: 
‘‘§ 31139a. Contractors exercising operational control 
over motor carrier operations 
‘‘(a) IN GENERAL.—The Secretary of Transportation 
may issue regulations governing contractors that exercise 
control over motor carrier operations. 
‘‘(b) CONTENTS.—The regulations issued under this 
section shall include, at a minimum— 
‘‘(1) a requirement that contractors register 
with the Secretary under this chapter; 
‘‘(2) a requirement that contractors create and 
maintain records applicable to regulatory provisions 
over which they exercise control or which they con-
duct directly; 
‘‘(3) a program for the evaluation and audit of 
compliance by contractors with applicable Federal 
motor carrier safety regulations; 
‘‘(4) a civil penalty structure consistent with 
section 521(b) of this title, for contractors that fail 
to comply with applicable Federal motor carrier 
safety regulations; 
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‘‘(5) a prohibition on contractors from placing 
commercial motor vehicles or drivers in service on 
the public highways to the extent that such drivers 
or their equipment are found to pose an imminent 
hazard; 
‘‘(6) a process by which motor carriers and 
agents of motor carriers shall be able to request the 
Federal Motor Carrier Safety Administration to un-
dertake an investigation of a contractor identified 
that is alleged to be not in compliance with the regu-
lations under this section; and 
‘‘(7) a procedure under which motor carriers, 
drivers, and contractors may seek correction of their 
safety records through the deletion from those 
records of violations of safety regulations attrib-
utable to deficiencies in operation or driver perform-
ance for which they should not have been held re-
sponsible. 
‘‘(c) INSPECTIONS.—The Secretary or an employee of 
the Department of Transportation designated by the Sec-
retary or a contractor or an employee of the recipient of 
a grant issued under section 31102 of this title may in-
spect records for operations controlled by or drivers pro-
vided by the contractor, upon demand and display of prop-
er credentials in person or in writing. 
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‘‘(d) OUT-OF-SERVICE.—Any contractor that is de-
termined under this section to fail to comply with applica-
ble Federal safety regulations may be placed out of service 
by the Secretary or a Federal, State, or government offi-
cial designated by the Secretary and may not exercise 
operational control over a motor carrier’s drivers and com-
mercial motor vehicles and may not provide drivers or 
commercial motor vehicles to a motor carrier until the con-
tractor takes actions necessary to come into compliance. 
‘‘(e) DEFINITION OF CONTRACTOR.—For purposes of 
this section, exclusive of the first use of term in subsection 
(c), the term ‘contractor’ means a person, other than a 
motor carrier, that does one or more of the following: 
‘‘(1) Enters into a contract with a motor carrier 
under which the motor carrier provides commercial 
motor vehicles and drivers dedicated to transporting 
property or passengers for the person over multiple 
trips where the person exercises direct operational 
control, such as setting schedules, routes, pick-up 
and delivery points, and dispatching drivers and 
commercial motor vehicles. 
‘‘(2) Enters into a contract with a motor carrier 
to provide drivers to the carrier and represents that 
it is responsible for ensuring that the drivers meet 
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the qualifications required by this part and regula-
tions promulgated under this part. 
‘‘(3) Enters into a contract with a motor carrier 
to provide commercial motor vehicles to the motor 
carrier (other than for purchase or lease to pur-
chase) and represents that it is responsible under 
the contract for ensuring that the vehicles meet the 
requirements of this part and regulations promul-
gated under it.’’. 
(b) CONFORMING AMENDMENT.—The analysis for 
chapter 311 is amended by inserting after the item relat-
ing to section 31139 the following: 
‘‘31139a. Contractors exercising operational control over motor carrier oper-
ations’’. 
SEC. 5507. DRIVER COMPENSATION. 
(a) IN GENERAL.—Chapter 311 is amended by in-
serting after section 31139a (as added by section 5506 
of this Act) the following: 
‘‘§ 31140. Driver compensation 
‘‘(a) ON-DUTY, NOT-DRIVING TIME.—The Secretary 
of Transportation may by regulation require that a motor 
carrier employer— 
‘‘(1) track the on-duty (not driving) time of an 
employee whose base compensation is calculated in a 
manner other than an hourly wage and who is re-
quired to keep a record of duty status under the 
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hours of service regulations prescribed by the Sec-
retary; and 
‘‘(2) separately compensate the employee for 
any on-duty, not-driving period at an hourly rate not 
less than the Federal minimum wage rate under sec-
tion 6 of the Fair Labor Standards Act (29 U.S.C. 
206). 
‘‘(b) SCOPE.—This section does not apply to an em-
ployee whose employment is governed by a collective bar-
gaining agreement, negotiated by employee representatives 
certified as bona fide by the National Labor Relations 
Board, if the agreement governs compensation of the em-
ployee for on-duty, not-driving time. 
‘‘(c) OTHER LAW.—Nothing in this section or regula-
tions adopted under this section shall alter an employer’s 
obligations under the Fair Labor Standards Act of 1938 
(29 U.S.C. 201 et seq.). Compensation of employees under 
this section and regulations adopted under this section 
shall be in addition to other compensation calculated for 
purposes of determining compliance with the Fair Labor 
Standards Act.’’. 
(b) CONFORMING AMENDMENT.—The analysis of 
chapter 311 is amended by inserting after the item relat-
ing to section 31139a (as added by section 5506 of this 
Act) the following: 
‘‘31140. Driver compensation’’. 
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395 
SEC. 5508. CIVIL ENFORCEMENT AUTHORITY. 
Section 507 is amended— 
(1) in subsection (b)— 
(A) by inserting ‘‘, subchapter III of chap-
ter 311, chapter 313, or chapter 315’’ after the 
first ‘‘this chapter’’; 
(B) by striking the second ‘‘this chapter’’ 
and inserting ‘‘these provisions’’; and 
(C) by striking ‘‘violating this chapter or a 
regulation or order of the Secretary’’ and in-
serting ‘‘for a violation’’; and 
(2) in subsection (c)— 
(A) by striking ‘‘, at the request of the 
Secretary, may’’ and inserting ‘‘may, and at the 
request of the Secretary, shall’’; and 
(B) by striking ‘‘(except sections 31138 
and 31139) or section 31502’’ and inserting ‘‘, 
chapter 313, and chapter 315’’. 
SEC. 5509. CRIMINAL PENALTIES. 
Section 521(b)(6)(A) is amended by— 
(1) striking ‘‘and willfully’’; 
(2) striking the second ‘‘or’’; 
(3) inserting ‘‘or order’’ after ‘‘regulation’’; 
(4) inserting ‘‘, or an imminent hazard out-of- 
service order issued under this section’’ after ‘‘those 
provisions’’; 
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(5) striking ‘‘to a fine not to exceed $25,000’’ 
and inserting ‘‘to a fine as set forth in section 3571 
of title 18’’; 
(6) striking ‘‘, except that, if’’ and inserting ‘‘. 
If’’; and 
(7) striking ‘‘to a fine not to exceed $2,500’’ 
and inserting ‘‘to a fine as set forth in section 3571 
of title 18 or imprisonment for a term not to exceed 
one year, or both’’. 
SEC. 5510. PENALTIES FOR VIOLATIONS OF OUT-OF-SERV-
ICE ORDERS. 
Section 521(b)(2)(F) is amended by inserting the end 
the following: ‘‘Each day of operation after the effective 
date of the out-of-service order is a separate offense.’’ 
SEC. 5511. TECHNICAL CORRECTIONS. 
(a) FLEETWIDE OUT-OF-SERVICE ORDER FOR OPER-
ATING
WITHOUT
REQUIRED
REGISTRATION.—Section 
13902(e)(1) is amended— 
(1) by inserting ‘‘motor vehicle or’’ before 
‘‘motor carrier providing’’; and 
(2) by inserting ‘‘motor vehicle or’’ before 
‘‘motor carrier operations’’. 
(b) SETTLEMENT OF GENERAL CIVIL PENALTIES.— 
Section 14901(h) is amended by striking ‘‘HOUSEHOLD 
GOODS’’ in the subsection heading. 
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397 
(c) HOURS OF SERVICE STUDY AND ELECTRONIC 
LOGGING DEVICES.—Section 30165(a)(1) is amended by 
striking ‘‘30141 through 30147, or 31137’’ and inserting 
‘‘or 30141 through 30147’’. 
(d) MEDICAL STANDARDS AND REQUIREMENTS.— 
Section 31149(c)(1)(E) is amended by striking ‘‘on a 
monthly basis’’. 
(e) NATIONAL CLEARINGHOUSE FOR CONTROLLED 
SUBSTANCE AND ALCOHOL TEST RESULTS.— 
(1) Section 521 is amended— 
(A) by inserting ‘‘, section 31306(b),’’ be-
fore ‘‘or section 31502’’ in subparagraph 
(b)(2)(A); 
(B) by amending the subparagraph head-
ings for subparagraphs (b)(2)(C) and (b)(6)(B), 
by inserting after ‘‘CDLS’’, each place it ap-
pears, ‘‘AND ALCOHOL AND CONTROLLED SUB-
STANCE TESTING’’; and 
(C) by inserting in subparagraph (b)(2)(C) 
and clause (b)(6)(B)(i), after ‘‘31305(b),’’ each 
place it appears, ‘‘31306, 31306a,’’. 
(2) Section 31306a(f) is amended by inserting 
‘‘AND SERVICE AGENT’’ before ‘‘REQUIREMENTS.’’ 
in the subsection heading. 
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398 
(f) EXEMPTIONS FROM REQUIREMENTS FOR COV-
ERED FARM VEHICLES.—Subsection 32934(c)(1)(B) of 
the Moving Ahead for Progress in the 21st Century Act 
(Public Law 112–141) is amended by striking ‘‘26,001 
pounds’’ in both places it occurs and inserting ‘‘26,000 
pounds’’. 
(g) CORRECTING REFERENCE TO FMCSA IN STAT-
UTE.—Section 30305(b)(1) is amended by striking ‘‘Fed-
eral Highway Administration’’ and inserting ‘‘Federal 
Motor Carrier Safety Administration’’. 
SEC. 5512. AUDITS AND COMPLIANCE INVESTIGATIONS OF 
MEXICO-DOMICILED MOTOR CARRIERS. 
Section 130 of division L of Public Law 113–76 is 
amended by inserting after ‘‘110–28’’ the following: ‘‘, ex-
cept to the extent that a term or condition in either section 
350 or section 6901 requires that safety examinations of 
Mexico-domiciled motor carriers be conducted on-site; 
nothing in section 350 or section 6901 shall be construed 
as limiting the ability of the Federal Motor Carrier Safety 
Administration to conduct any compliance review, new en-
trant safety audit, or other inspection or investigation of 
a Mexico-domiciled motor carrier at any location pre-
scribed by the Administrator of the Federal Motor Carrier 
Safety Administration’’. 
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399 
SEC. 5513. ADMINISTRATIVE ADJUDICATION OF VIOLA-
TIONS OF COMMERCIAL REGULATIONS AND 
STATUTES. 
Section 14702 is amended by adding at the end the 
following: 
‘‘(d) ADMINISTRATIVE ADJUDICATIONS.—In addition 
to civil actions under subsection (a) of this section, the 
authority of the Secretary includes authority to maintain 
by regulation procedures for the administrative adjudica-
tion of violations of this part.’’. 
SEC. 5514. ACCESS TO NATIONAL DRIVER REGISTER. 
Section 30305(b) is amended by inserting at the end 
the following: 
‘‘(13) The Administrator of the Federal Motor 
Carrier Safety Administration may request the chief 
driver licensing official of a State to provide infor-
mation under subsection (a) of this section about an 
individual in connection with a safety investigation 
under the Administrator’s jurisdiction.’’. 
SEC. 5515. ELIMINATION OF CERTAIN FMCSA REPORTING 
REQUIREMENTS. 
(a) MOTOR CARRIER EFFICIENCY STUDY ANNUAL 
REPORT.—Section 5503 of the Safe, Accountable, Flexi-
ble, Efficient Transportation Equity Act: A Legacy for 
Users (Public Law 109–59) is amended by— 
(1) by striking subsection (d); and 
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(2) redesignating subsection (e) as subsection 
(d). 
(b) SAFETY DATA IMPROVEMENT PROGRAM RE-
PORT.—Section 4128 of the Safe, Accountable, Flexible, 
Efficient Transportation Equity Act: A Legacy for Users 
(Public Law 109–59) is amended by striking subsection 
(d). 
TITLE 
VI—HAZARDOUS 
MATE-
RIAL 
TRANSPORTATION 
SAFETY 
SEC. 6001. AMENDMENT OF TITLE 49, UNITED STATES 
CODE. 
Except as otherwise expressly provided, whenever in 
this title an amendment or repeal is expressed in terms 
of an amendment to, or a repeal of, a section or other 
provision, the reference shall be considered to be made to 
a section or other provision of title 49, United States 
Code. 
SEC. 6002. EMERGENCY OPERATIONAL CONTROLS. 
(a) IN GENERAL.—Chapter 51 is amended by insert-
ing after section 5128 the following: 
‘‘§ 5129. Emergency operational controls 
‘‘(a) ORDERING OPERATIONAL CONTROLS, RESTRIC-
TIONS, AND PROHIBITIONS.— 
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401 
‘‘(1) IN GENERAL.—If, upon inspection, inves-
tigation, testing, or research carried out under this 
chapter, the Secretary determines that an unsafe 
condition or practice, or a combination of unsafe 
conditions and practices, or an activity existing with-
in a regulated entity or industry, related to the 
transportation of hazardous materials in commerce, 
causes an emergency situation involving a hazard of 
death, personal injury, or significant harm to prop-
erty or the environment, the Secretary immediately 
may order such operational controls, restrictions, 
and prohibitions, without prior notice or an oppor-
tunity for a hearing, as may be necessary to abate 
the situation. 
‘‘(2) WRITTEN ORDERS.—The order shall be in 
writing, and describe— 
‘‘(A) the condition, practice, or activity 
that causes the emergency situation; 
‘‘(B) the operational controls, restrictions, 
and prohibitions issued or imposed; and 
‘‘(C) the standards and procedures for ob-
taining relief from the order. This paragraph 
does not affect the Secretary’s discretion under 
this section to maintain the order in effect for 
as long as the emergency situation exists. 
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‘‘(3) EMERGENCY VARIANCE.—Notwithstanding 
section 5117(e) of this title, such orders may provide 
for an emergency variance from this chapter or a 
regulation prescribed thereunder. 
‘‘(b) REVIEW OF ORDERS.—After issuing an order 
under this section, the Secretary shall provide an oppor-
tunity for review of the order under section 554 of title 
5. If a petition for review is filed and the review is not 
completed by the end of the 30-day period beginning on 
the date the order was issued, the order stops being effec-
tive at the end of that period unless the Secretary decides 
in writing that the emergency situation still exists.’’. 
(b) CONFORMING AMENDMENT.—The analysis for 
chapter 51 is amended by inserting after the item relating 
to section 5128 the following: 
‘‘5129. Emergency operational controls.’’. 
SEC. 6003. ENHANCED REGISTRATION REQUIREMENTS. 
Section 5108 is amended by— 
(1) inserting the following after subsection 
(a)(2)(B): 
‘‘(C) a person who performs, or is respon-
sible for performing, a function specified by 
regulation prescribed under this chapter that is 
required to assure the safe transportation of 
hazardous material, in commerce, and is subject 
to the training requirements of section 5107.’’; 
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(2) in subsection (a)(3), inserting after ‘‘mate-
rial,’’ the following: ‘‘or perform or be responsible 
for performing a function specified by regulation 
prescribed under this chapter that is required to as-
sure the safe transportation of hazardous material, 
in commerce, and is subject to the training require-
ments of section 5107,’’; 
(3) in subparagraph (g)(2)(A), by striking ‘‘and 
impose by regulation’’; and 
(4) in subparagraphs (g)(2)(B) and (g)(2)(C), 
replacing ‘‘(i)’’ with ‘‘(h)’’. 
SEC. 6004. USER FEES FOR SPECIAL PERMITS. 
Section 5117 is amended by inserting the following 
at the end: 
‘‘(g) FEES.— 
‘‘(1) ESTABLISHMENT.—There is established a 
Hazardous Materials Approvals and Permits Fund 
for the administration of special permits and approv-
als. 
‘‘(2) USE OF FEES.—The Secretary of Trans-
portation shall collect a reasonable fee, to the extent 
and in such amounts as provided in advance in ap-
propriations acts, for the administration of special 
permits and approvals, which shall be deposited in 
the fund established in paragraph (1). 
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404 
‘‘(3) REGULATIONS.—The Secretary, after pro-
viding notice and an opportunity for public com-
ment, shall issue regulations to implement this sub-
section and shall establish annual fee rates.’’. 
SEC. 6005. NATIONAL EMERGENCY AND DISASTER RE-
SPONSE. 
(a) PURPOSE.—Section 5101 is amended by inserting 
‘‘and to facilitate the safe movement of hazardous mate-
rials during national emergencies’’ after ‘‘commerce’’. 
(b) STANDARDS.—Section 5103 is amended by redes-
ignating subsections (c) and (d) as (d) and (e) and insert-
ing new subsection (c) to read as follows: 
‘‘(c) FEDERALLY DECLARED DISASTER AND EMER-
GENCY AREAS.—The Secretary, in consultation with the 
Secretary of Homeland Security, may prescribe standards 
to facilitate the movement of hazardous materials into, 
from and within federally declared disaster and emergency 
areas.’’. 
SEC. 6006. ENHANCED REPORTING. 
Section 5121(h) is amended by— 
(1) striking ‘‘transmit to the Committee on 
Transportation and Infrastructure of the House of 
Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate’’; and 
(2) inserting ‘‘make public’’ after ‘‘and’’. 
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405 
SEC. 6007. IMPROVING PUBLICATION OF SPECIAL PERMITS. 
Section 5117 is amended— 
(1) in subsection (b), by striking ‘‘publish in 
the Federal Register’’ and inserting ‘‘make public 
through’’ after ‘‘shall’’; and 
(2) in subsection (c), by striking ‘‘publish’’ and 
‘‘in the Federal Register’’ and inserting ‘‘make pub-
lic’’ after ‘‘shall’’. 
SEC. 6008. HAZARD ABATEMENT AUTHORITY. 
(a) IN GENERAL.—Chapter 51 is amended by insert-
ing after section 5129 the following: 
‘‘§ 5130. Hazard abatement authority 
‘‘(a) ORDERING REMOVAL, REMEDIATION, OR DIS-
POSAL.—If, upon inspection, investigation, testing, or re-
search, the Secretary determines that an unsafe condition, 
practice, or activity, related to the transportation of haz-
ardous materials in commerce or other items subject to 
this chapter, causes unreasonable risk of death, personal 
injury, or significant harm to the property or the environ-
ment, the Secretary may order removal, remediation, or 
disposal of such hazardous materials or other items sub-
ject to this chapter, as may be necessary to abate the un-
reasonable risk. 
‘‘(b) WRITTEN ORDERS.—The order shall be in writ-
ing, and describe— 
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406 
‘‘(1) the condition, practice, or activity that 
causes the unreasonable risk; 
‘‘(2) the actions that must be taken to abate 
the unreasonable risk; and 
‘‘(3) the standards and procedures for obtaining 
relief from the order. 
‘‘(c) DURATION OF ORDER.—Subsection (b) does not 
affect the Secretary’s discretion under this section to 
maintain the order in effect for as long as the emergency 
situation exists. 
‘‘(d) FAILURE TO COMPLY.—If the Secretary deter-
mines that a person has failed to comply with an order 
for removal, remediation, or disposal, the Secretary may 
take such action to arrange for the removal, remediation, 
or disposal of such hazardous materials as necessary to 
abate the unreasonable risk. 
‘‘(e) LIABILITY FOR NONCOMPLIANCE.—Upon a de-
termination by the Secretary that a person has failed to 
comply with an order for removal, remediation, or disposal 
of a hazardous material, such person shall be liable for 
all costs incurred by the United States Government in re-
moving, remediating, or disposing of such hazardous ma-
terials.’’. 
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(b) CONFORMING AMENDMENT.—The analysis for 
chapter 51 is amended by inserting after the item relating 
to section 5129 the following: 
‘‘5130. Hazard abatement authority.’’. 
SEC. 6009. INSPECTION OF NON-DOMESTIC ENTITIES. 
Section 5121 is amended by inserting the following 
after subsection (c)(3): 
‘‘(4) INSPECTION
OF
NON-DOMESTIC
ENTI-
TIES.—In instances when a person seeks to manu-
facture, requalify, or inspect a DOT specification 
packaging or special permit cylinders or certify com-
pliance with title 49 of the Code of Federal Regula-
tions outside the United States, that person must 
seek an approval from the Secretary to perform that 
function outside the United States. Upon the re-
quest of the Secretary, the applicant must allow the 
Secretary or the Secretary’s designee to inspect the 
applicant’s process and procedures. The applicant 
must bear the cost of the initial and subsequent in-
spections.’’. 
SEC. 6010. IMPROVING THE EFFECTIVENESS OF THE HMEP 
GRANT PROGRAM. 
(a) PLANNING
AND TRAINING GRANTS.—Section 
5116 is amended to read as follows: 
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408 
‘‘§ 5116. Planning and training grants, monitoring, 
and review 
‘‘(a) PLANNING AND TRAINING GRANTS.—(1) The 
Secretary shall make grants to States and Indian tribes— 
‘‘(A) to develop, improve, and carry out emer-
gency plans under the Emergency Planning and 
Community Right-To-Know Act of 1986 (42 U.S.C. 
11001 et seq.), including ascertaining flow patterns 
of hazardous material on lands under the jurisdic-
tion of a State or Indian tribe, and between lands 
under the jurisdiction of a State or Indian tribe and 
lands of another State or Indian tribe; 
‘‘(B) to decide on the need for a regional haz-
ardous material emergency response team; and 
‘‘(C) to train public sector employees to respond 
to accidents and incidents involving hazardous mate-
rial. To the extent that a grant is used to train 
emergency responders, the State or Indian tribe 
shall provide written certification to the Secretary 
that the emergency responders who receive training 
under the grant will have the ability to protect near-
by persons, property, and the environment from the 
effects of accidents or incidents involving the trans-
portation of hazardous material in accordance with 
existing regulations or National Fire Protection As-
sociation standards for competence of responders to 
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409 
accidents and incidents involving hazardous mate-
rials. 
‘‘(2) The Secretary may make a grant to a State or 
Indian tribe under paragraph (1) of this subsection only 
if— 
‘‘(A) the State or Indian tribe certifies that the 
total amount the State or Indian tribe expends (ex-
cept amounts of the United States Government) for 
the purpose of the grant will at least equal the aver-
age level of expenditure for the last 5 years; and 
‘‘(B) any emergency response training provided 
under the grant shall consist of: 
‘‘(i) a course developed or identified under 
section 5115 of this title; or 
‘‘(ii) another course the Secretary decides 
is consistent with the objectives of this section. 
‘‘(3) A State or Indian tribe receiving a grant under 
this subsection shall ensure that planning and emergency 
response training under the grant is coordinated with ad-
jacent States and Indian tribes. 
‘‘(4) A training grant under this subsection may be 
used— 
‘‘(A) to pay— 
‘‘(i) the tuition costs of public sector em-
ployees being trained; 
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‘‘(ii) travel expenses of those employees to 
and from the training facility; 
‘‘(iii) room and board of those employees 
when at the training facility; and 
‘‘(iv) travel expenses of individuals pro-
viding the training; 
‘‘(B) by the State, political subdivision, or In-
dian tribe to provide the training; and 
‘‘(C) to make an agreement with a person (in-
cluding an authority of a State, a political subdivi-
sion of a State or Indian tribe, or a local jurisdic-
tion), subject to approval by the Secretary, to pro-
vide the training— 
‘‘(i) if the agreement allows the Secretary 
and the State or Indian tribe to conduct ran-
dom examinations, inspections, and audits of 
the training without prior notice; 
‘‘(ii) the person agrees to have an 
auditable accounting system; and 
‘‘(iii) if the State or Indian tribe conducts 
at least one on-site observation of the training 
each year. 
‘‘(5) The Secretary shall allocate amounts made 
available for grants under this subsection among eligible 
States and Indian tribes based on the needs of the States 
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411 
and Indian tribes for emergency response training. In 
making a decision about those needs, the Secretary shall 
consider— 
‘‘(A) the number of hazardous material facili-
ties in the State or on land under the jurisdiction of 
the Indian tribe; 
‘‘(B) the types and amounts of hazardous mate-
rial transported in the State or on such land; 
‘‘(C) whether the State or Indian tribe imposes 
and collects a fee on transporting hazardous mate-
rial; 
‘‘(D) whether such fee is used only to carry out 
a purpose related to transporting hazardous mate-
rial; 
‘‘(E) the past record of the State or Indian 
tribe in effectively managing planning and training 
grants; and 
‘‘(F) other factors the Secretary decides are ap-
propriate to carry out this subsection. 
‘‘(b) COMPLIANCE WITH CERTAIN LAW.—The Sec-
retary may make a grant to a State under this section 
only if the State certifies that the State complies with sec-
tions 301 and 303 of the Emergency Planning and Com-
munity Right-To-Know Act of 1986 (42 U.S.C. 11001, 
11003). 
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412 
‘‘(c) APPLICATIONS.—A State or Indian tribe inter-
ested in receiving a grant under this section shall submit 
an application to the Secretary. The application must be 
submitted at the time, and contain information, the Sec-
retary requires by regulation to carry out the objectives 
of this section. 
‘‘(d) GOVERNMENT’S SHARE OF COSTS.—A grant 
under this section is for 80 percent of the cost the State 
or Indian tribe incurs to carry out the activity for which 
the grant is made. Amounts of the State or tribe under 
subsections (a)(2)(A) and (b)(2)(A) of this section are not 
part of the non-Government share under this subsection. 
‘‘(e) MONITORING AND TECHNICAL ASSISTANCE.—In 
coordination with the Secretaries of Transportation and 
Energy, the Administrator of the Environmental Protec-
tion Agency, and the Director of the National Institute 
of Environmental Health Sciences, the Administrator of 
the Federal Emergency Management Agency shall monitor 
public sector emergency response planning and training 
for an accident or incident involving hazardous material. 
Considering the results of the monitoring, the Secretaries, 
Administrator, and Directors each shall provide technical 
assistance to a State, political subdivision of a State, or 
Indian tribe for carrying out emergency response training 
and planning for an accident or incident involving haz-
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413 
ardous material and shall coordinate the assistance using 
the existing coordinating mechanisms of the National Re-
sponse Team and, for radioactive material, the Federal 
Radiological Preparedness Coordinating Committee. 
‘‘(f) DELEGATION OF AUTHORITY.—To minimize ad-
ministrative costs and to coordinate Federal financial as-
sistance for emergency response training and planning, 
the Secretary may delegate to the Administrator of the 
Federal Emergency Management Agency and Director of 
the National Institute of Environmental Health Sciences, 
Chairman of the Nuclear Regulatory Commission, Admin-
istrator of the Environmental Protection Agency, and Sec-
retaries of Labor and Energy any of the following: 
‘‘(1) Authority to receive applications for grants 
under this section. 
‘‘(2) Authority to review applications for tech-
nical compliance with this section. 
‘‘(3) Authority to review applications to rec-
ommend approval or disapproval. 
‘‘(4) Any other ministerial duty associated with 
grants under this section. 
‘‘(g) MINIMIZING DUPLICATION OF EFFORT AND EX-
PENSES.—The Secretaries of Transportation, Labor, and 
Energy, the Administrator of the Federal Emergency 
Management Agency, the Director of the National Insti-
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tute of Environmental Health Sciences, the Chairman of 
the Nuclear Regulatory Commission, and the Adminis-
trator of the Environmental Protection Agency shall re-
view periodically, with the head of each department, agen-
cy, or instrumentality of the Government, all emergency 
response and preparedness training programs of that de-
partment, agency, or instrumentality to minimize duplica-
tion of effort and expense of the department, agency, or 
instrumentality in carrying out the programs and shall 
take necessary action to minimize duplication. 
‘‘(h) ANNUAL REGISTRATION FEE ACCOUNT AND ITS 
USES.—The Secretary of the Treasury shall establish an 
account in the Treasury (to be known as the ‘Hazardous 
Materials Emergency Preparedness Fund’) into which the 
Secretary of the Treasury shall deposit amounts the Sec-
retary of Transportation transfers to the Secretary of the 
Treasury under section 5108(g)(2)(C) of this title. With-
out further appropriation, amounts in the account are 
available— 
‘‘(1) to make grants under this section; 
‘‘(2) to monitor and provide technical assistance 
under subsection (e) of this section; 
‘‘(3) to publish and distribute an emergency re-
sponse guide; and 
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‘‘(4) to pay administrative costs of carrying out 
this section and sections 5108(g)(2) and 5115 of 
this title, except that up to 4 percent of the amounts 
made available from the account in a fiscal year may 
be used to pay those costs. 
‘‘(i) INSTRUCTOR TRAINING GRANTS
FOR EMER-
GENCY RESPONDERS AND HAZARDOUS MATERIALS EM-
PLOYEES.— 
‘‘(1) IN GENERAL.—The Secretary shall make 
grants under this subsection— 
‘‘(A) for training instructors to conduct 
hazardous materials response training programs 
for individuals with statutory responsibility to 
respond to hazardous materials accidents and 
incidents; 
‘‘(B) for training instructors to train 
hazmat employees; and 
‘‘(C) to the extent determined appropriate 
by the Secretary, for such instructors to train 
hazmat employees. 
‘‘(2) ELIGIBILITY FOR EMERGENCY RESPONDER 
TRAINING GRANTS.—A grant under (1)(A) of this 
subsection shall be made through a competitive proc-
ess to a nonprofit organization that— 
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416 
‘‘(A) demonstrates expertise in conducting 
a training program for hazmat emergency re-
sponders; 
‘‘(B) has the ability to reach and involve in 
a training program a target population of 
hazmat emergency responders; 
‘‘(C) agrees to use a course or courses de-
veloped or identified under section 5115 of this 
title or otherwise approved by the Secretary; 
‘‘(D) provides training courses that comply 
with Federal regulations and national consensus 
standards for hazardous materials response and 
are offered on a nondiscriminatory basis; and 
‘‘(E) ensures that emergency responders 
who receive training under the grant will have 
the ability to protect nearby persons, property, 
and the environment from the effects of acci-
dents or incidents involving the transportation 
of hazardous material in accordance with exist-
ing regulations or National Fire Protection As-
sociation standards for competence of respond-
ers to accidents and incidents involving haz-
ardous materials. 
‘‘(3) ELIGIBILITY FOR HAZARDOUS MATERIALS 
EMPLOYEE
TRAINING
GRANTS.—A grant under 
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(1)(B) and (1)(C) of this subsection shall be made 
on a competitive basis to a nonprofit organization 
that demonstrates expertise in providing training, 
research, technological development, or a similar 
service intended to enhance the capabilities of haz-
ardous materials employees. 
‘‘(4) TRAINING OF CERTAIN EMPLOYEES.—The 
Secretary shall ensure that maintenance-of-way em-
ployees and railroad signalmen receive general 
awareness and familiarization training and safety 
training pursuant to section 172.704 of title 49, 
Code of Federal Regulations. 
‘‘(5) EXISTING EFFORT.—No grant under this 
subsection shall supplant or replace existing em-
ployer-provided hazardous materials training efforts 
or obligations. 
‘‘(6) USE OF FUNDS.—Funds granted to an or-
ganization under this subsection shall only be 
used— 
‘‘(A) to provide training, including portable 
training, for instructors to conduct hazardous 
materials and hazardous materials response 
training programs; 
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418 
‘‘(B) to purchase training equipment used 
exclusively to train instructors to conduct such 
training programs; and 
‘‘(C) to disseminate such information and 
materials as are necessary for the conduct of 
such training programs. 
‘‘(7) PORTABLE TRAINING.—In this subsection, 
the term ‘portable training’ means live, instructor- 
led training provided by certified instructors that 
can be offered in any suitable setting, rather than 
specific designated facilities. Under this training de-
livery model, instructors travel to locations conven-
ient to students and utilize local facilities and re-
sources. 
‘‘(8) TERMS AND CONDITIONS.—The Secretary 
may impose such additional terms and conditions on 
grants to be made under this subsection as the Sec-
retary determines are necessary to protect the inter-
ests of the United States and to carry out the objec-
tives of this subsection. 
‘‘(j) REPORTS.—The Secretary shall make an annual 
report available to the public (in an electronically-acces-
sible format). The report submitted under this subsection 
shall include information on the allocation and uses of the 
planning and training grants allocated under subsection 
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(a), and grants under subsection (i) of this section. The 
report submitted under this subsection shall identify the 
ultimate recipients of such grants and include— 
‘‘(1) a detailed accounting and description of 
each grant expenditure by each grant recipient, in-
cluding the amount of, and purpose for, each ex-
penditure; 
‘‘(2) the number of persons trained under the 
grant program, by training level; 
‘‘(3) an evaluation of the efficacy of such plan-
ning and training programs; and 
‘‘(4) any recommendations the Secretary may 
have for improving such grant programs.’’. 
(b) CONFORMING AMENDMENT.—The analysis for 
chapter 51 is amended by striking the item relating to 
section 5116 and inserting the following: 
‘‘5116. Planning and training grants, monitoring, and review.’’. 
(c) TRAINING REQUIREMENTS.—Section 5107 is 
amended by— 
(1) striking ‘‘and grants’’ from the section 
heading; 
(2) deleting subsections (e), (f), and (h); and 
(3) redesignating subsection (g) as subsection 
(e). 
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420 
(d) CONFORMING AMENDMENT.—The analysis for 
chapter 51 is amended by striking the item relating to 
section 5107 and inserting the following: 
‘‘5107. HAZMAT employee training requirements.’’. 
SEC. 6011. CIVIL PENALTY. 
Section 5123 is amended— 
(1) in subsection (a)(1), by striking ‘‘$75,000’’ 
and inserting ‘‘$250,000’’; and 
(2) in subsection (a)(2), by striking ‘‘$175,000’’ 
and inserting ‘‘$500,000’’. 
SEC. 6012. GENERAL DUTY. 
Section 5103, as amended by this Act, is amended 
by— 
(1) redesignating subsections (d) and (e) as (e) 
and (f), respectively; and 
(2) inserting the following after subsection (c): 
‘‘(d) DUTY FOR SAFE TRANSPORTATION.—A person 
shall— 
‘‘(1) take all reasonable measures and pre-
cautions to properly classify, describe, package, 
mark and label, and ensure proper condition for 
transportation of a hazardous material; and 
‘‘(2) comply with this chapter, or a regulation 
prescribed, or an order, special permit or approval 
issued under this chapter.’’. 
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421 
SEC. 6013. AUTHORIZATION OF APPROPRIATIONS. 
The text of section 5128 is amended to read as fol-
lows: 
‘‘(a) IN GENERAL.—There are authorized to be ap-
propriated to the Secretary to carry out this chapter (ex-
cept sections 5108(g)(2), 5113, 5115, 5116, and 5119 of 
this title), $64,254,000 for fiscal year 2016 and such sums 
as may be necessary for fiscal years 2017 through 2021. 
‘‘(b) HAZARDOUS MATERIALS EMERGENCY PRE-
PAREDNESS
FUND.—From the Hazardous Materials 
Emergency Preparedness Fund established under section 
5116(h) of this title, the Secretary may expend, for each 
of fiscal years 2016 through 2021— 
‘‘(1) $188,000 to carry out section 5115; 
‘‘(2) $21,800,000 to carry out subsection (a) of 
section 5116; 
‘‘(3) $150,000 to carry out section 5116(e); 
‘‘(4) $625,000 to publish and distribute the 
Emergency Response Guidebook under section 
5116(h)(3); and 
‘‘(5) $5,000,000 to carry out section 5116(i). 
‘‘(c) CREDITS TO APPROPRIATIONS.— 
‘‘(1) EXPENSES.—In addition to amounts oth-
erwise made available to carry out this chapter, the 
Secretary may credit amounts received from a State, 
Indian tribe, or other public authority or private en-
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422 
tity for expenses the Secretary incurs in providing 
training to the State, authority, or entity. 
‘‘(2) AVAILABILITY
OF
AMOUNTS.—Amounts 
made available under this section shall remain avail-
able until expended.’’. 
SEC. 6014. ELIMINATION OF CERTAIN PHMSA REPORTING 
REQUIREMENTS. 
Section 6 of the Norman Y. Mineta Research and 
Special Programs Improvement Act (49 U.S.C. 108 note) 
is amended— 
(1) by striking subsection (b)(1); and 
(2) by striking the heading for subsection (b) 
and redesignating subsection (b)(2) as subsection 
(b). 
TITLE VII—AMENDMENTS TO 
THE INTERNAL REVENUE CODE 
SEC. 7001. AMENDMENT OF 1986 CODE. 
Except as otherwise expressly provided, whenever in 
this title an amendment or repeal is expressed in terms 
of an amendment to, or repeal of, a section or other provi-
sion, the reference shall be considered to be made to a 
section or other provision of the Internal Revenue Code 
of 1986. 
SEC. 7002. EXTENSION OF HIGHWAY-RELATED TAXES. 
(a) EXTENSION OF TAXES.— 
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(1) IN GENERAL.—The following provisions are 
each amended by striking ‘‘2016’’ each place it ap-
pears and inserting ‘‘2023’’: 
(A) Section 4041(a)(1)(C)(iii)(I) (relating 
to rate of tax on certain buses). 
(B) Section 4041(m)(1) (relating to cer-
tain alcohol fuels). 
(C) Section 4051(c) (relating to termi-
nation of tax on heavy trucks and trailers). 
(D) Section 4071(d) (relating to termi-
nation of tax on tires). 
(E) Section 4081(d)(1) (relating to termi-
nation of tax on gasoline, diesel fuel, and ker-
osene). 
(F) Section 4081(d)(3) (relating to the 
Leaking Underground Storage Tank Financing 
rate). 
(2) EXTENSION OF TAX, ETC., ON USE OF CER-
TAIN
HEAVY
VEHICLES.—The following provisions 
are each amended by striking ‘‘2017’’ each place it 
appears and inserting ‘‘2023’’: 
(A) Section 4481(f) (relating to period tax 
in effect). 
(B) Section 4482(c)(4) (relating to taxable 
period). 
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(C) Section 4482(d) (relating to special 
rule for taxable period in which termination 
date occurs). 
(3) 
FLOOR
STOCKS
REFUNDS.—Section 
6412(a)(1) (relating to floor stocks refunds) is 
amended— 
(A) by striking ‘‘2016’’ each place it ap-
pears and inserting ‘‘2023’’; and 
(B) by striking ‘‘2017’’ each place it ap-
pears and inserting ‘‘2024’’. 
(b) EXTENSION OF CERTAIN EXEMPTIONS.— 
(1) 
CERTAIN
TAX-FREE
SALES.—Section 
4221(a) (relating to certain tax-free sales) is amend-
ed by striking ‘‘2016’’ and inserting ‘‘2023’’. 
(2) TERMINATION OF EXEMPTIONS FOR HIGH-
WAY USE TAX.—Section 4483(i) (relating to termi-
nation of exemptions for highway use tax) is amend-
ed by striking ‘‘2017’’ and inserting ‘‘2024’’. 
SEC. 7003. EXTENSION OF PROVISIONS RELATED TO THE 
SPORT FISH RESTORATION AND BOATING 
TRUST FUND. 
(a) EXTENSION
OF
EXPENDITURES
FROM
THE 
TRUST FUND.—Subparagraphs (A) through (C) of para-
graph (2) of section 9504(b) of such Code are amended 
to read as follows: 
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‘‘(A) to carry out the purposes of the Din-
gell-Johnson Sport Fish Restoration Act (as in 
effect on the date of the enactment of the 
GROW AMERICA Act), 
‘‘(B) to carry out the purposes of section 
7404(d) of the Transportation Equity Act for 
the 21st Century (as in effect on the date of 
the enactment of the GROW AMERICA Act), 
and 
‘‘(C) to carry out the purposes of the 
Coastal Wetlands Planning, Protection and 
Restoration Act (as in effect on the date of the 
enactment of the GROW AMERICA Act).’’. 
(b) EXCEPTION TO LIMITATION ON TRANSFERS.— 
Paragraph (2) of section 9504(d) is amended by striking 
‘‘June 1, 2015,’’ and inserting ‘‘October 1, 2021,’’. 
SEC. 7004. TRANSPORTATION TRUST FUND. 
(a) CREATION OF TRANSPORTATION TRUST FUND.— 
Section 9503 is amended to read as follows: 
‘‘§ 9503. Transportation Trust Fund 
‘‘(a) CREATION OF TRUST FUND.—There is estab-
lished in the Treasury of the United States a trust fund 
to be known as the ‘Transportation Trust Fund’, con-
sisting of such amounts as may be appropriated or cred-
ited to the Transportation Trust Fund as provided in this 
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section or section 9602(b). The Transportation Trust 
Fund is a successor to the Highway Trust Fund estab-
lished under this section as in effect prior to the enact-
ment of the Transportation Jobs Act for the 21st Century. 
All references to the Mass Transit Account of the High-
way Trust Fund are deemed to be references to the Mass 
Transit Account of the Transportation Trust Fund under 
subsection (e). All references to the Highway Trust Fund 
(other than the Mass Transit Account) or to the Highway 
Account of the Highway Trust Fund are deemed to be 
references to the Highway Account of the Transportation 
Trust Fund under subsection (f). 
‘‘(b) APPROPRIATION
TO
THE
TRANSPORTATION 
TRUST FUND OF AMOUNTS EQUIVALENT TO CERTAIN 
TAXES AND PENALTIES.— 
‘‘(1) CERTAIN TAXES.—There are hereby ap-
propriated to the Transportation Trust Fund 
amounts equivalent to the taxes received in the 
Treasury before October 1, 2023, under the fol-
lowing provisions— 
‘‘(A) section 4041 (relating to taxes on die-
sel fuels and special motor fuels), 
‘‘(B) section 4051 (relating to retail tax on 
heavy trucks and trailers), 
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‘‘(C) section 4071 (relating to tax on 
tires), 
‘‘(D) section 4081 (relating to tax on gaso-
line, diesel fuel, and kerosene), and 
‘‘(E) section 4481 (relating to tax on use 
of certain vehicles). 
For purposes of this paragraph, taxes received under 
sections 4041 and 4081 shall be determined without 
reduction for credits under section 6426 and taxes 
received under section 4081 shall be determined 
without regard to tax receipts attributable to the 
rate specified in section 4081(a)(2)(C). 
‘‘(2) LIABILITIES INCURRED BEFORE OCTOBER 
1, 2023.—There are hereby appropriated to the 
Transportation Trust Fund amounts equivalent to 
the taxes which are received in the Treasury after 
September 30, 2023, and before July 1, 2024, and 
which are attributable to liability for tax incurred 
before October 1, 2023, under the provisions de-
scribed in paragraph (1). 
‘‘(3) CERTAIN TAXES NOT TRANSFERRED TO 
TRANSPORTATION
TRUST
FUND.—For purposes of 
paragraphs (1) and (2), there shall not be taken into 
account the taxes imposed by— 
‘‘(A) section 4041(d), 
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‘‘(B) section 4081 to the extent attrib-
utable 
to 
the 
rate 
specified 
in 
section 
4081(a)(2)(B), 
‘‘(C) section 4041 or 4081 to the extent 
attributable to fuel used in a train, or 
‘‘(D) in the case of gasoline and special 
motor fuels used as described in paragraph 
(3)(D) or (4)(B) of subsection (c), section 4041 
or 4081 with respect to so much of the rate of 
tax as exceeds— 
‘‘(i) 11.5 cents per gallon with respect 
to taxes imposed before October 1, 2001, 
‘‘(ii) 13 cents per gallon with respect 
to taxes imposed after September 30, 
2001, and before October 1, 2003, and 
‘‘(iii) 13.5 cents per gallon with re-
spect to taxes imposed after September 30, 
2003, and before October 1, 2005. 
‘‘(4) CERTAIN PENALTIES.—There are hereby 
appropriated to the Transportation Trust Fund 
amounts equivalent to the penalties paid under sec-
tions 6715, 6715A, 6717, 6718, 6719, 6720A, 6725, 
7232, and 7272 (but only with regard to penalties 
under each such section related to failure to register 
under section 4101). 
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‘‘(c) FLOOR STOCKS REFUNDS.—The Secretary shall 
pay from time to time from the Transportation Trust 
Fund into the general fund of the Treasury amounts 
equivalent to the floor stocks refunds made before July 
1, 2024, under section 6412(a). The amounts payable 
from each account in the Transportation Trust Fund 
under the preceding sentence shall be determined by tak-
ing into account only the portion of the taxes which are 
deposited into the Transportation Trust Fund and into 
each account of such Fund. 
‘‘(d) TRANSFERS FROM
THE TRUST FUND
FOR 
TAXES ON CERTAIN USES OF FUEL.— 
‘‘(1) MOTORBOAT FUEL TAXES.— 
‘‘(A) TRANSFER
TO
LAND
AND
WATER 
CONSERVATION FUND.— 
‘‘(i) IN
GENERAL.—The Secretary 
shall pay from time to time from the 
Transportation Trust Fund into the land 
and water conservation fund provided for 
in title I of the Land and Water Conserva-
tion Fund Act of 1965 amounts (as deter-
mined by the Secretary) equivalent to the 
motorboat fuel taxes received on or after 
October 1, 2005, and before October 1, 
2023. 
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‘‘(ii) 
LIMITATION.—The 
aggregate 
amount transferred under this subpara-
graph during any fiscal year shall not ex-
ceed $1,000,000. 
‘‘(2) EXCESS FUNDS TRANSFERRED TO SPORT 
FISH RESTORATION AND BOATING TRUST FUND.— 
Any amounts in the Transportation Trust Fund— 
‘‘(A) which are attributable to motorboat 
fuel taxes, and 
‘‘(B) which are not transferred from the 
Transportation Trust Fund under paragraph 
(1)(A), 
shall be transferred by the Secretary from the 
Transportation Trust Fund into the Sport Fish Res-
toration and Boating Trust Fund. 
‘‘(C) MOTORBOAT FUEL TAXES.—For pur-
poses of this paragraph, the term ‘motorboat 
fuel taxes’ means the taxes under section 
4041(a)(2) with respect to special motor fuels 
used as fuel in motorboats and under section 
4081 with respect to gasoline used as fuel in 
motorboats, but only to the extent such taxes 
are deposited into the Transportation Trust 
Fund. 
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‘‘(D) DETERMINATION.—The amount of 
transfers made under this paragraph after Oc-
tober 1, 1986, shall be determined by the Sec-
retary in accordance with the methodology de-
scribed in the Treasury Department’s Report to 
Congress of June 1986 entitled ‘Gasoline Ex-
cise Tax Revenues Attributable to Fuel Used in 
Recreational Motorboats’. 
‘‘(3) TRANSFERS FROM THE TRUST FUND FOR 
SMALL-ENGINE FUEL TAXES.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
pay from time to time from the Transportation 
Trust Fund into the Sport Fish Restoration 
and Boating Trust Fund amounts (as deter-
mined by him) equivalent to the small-engine 
fuel taxes received on or after December 1, 
1990, and before October 1, 2023. 
‘‘(B) SMALL-ENGINE
FUEL
TAXES.—For 
purposes of this paragraph, the term ‘small-en-
gine fuel taxes’ means the taxes under section 
4081 with respect to gasoline used as a fuel in 
the nonbusiness use of small-engine outdoor 
power equipment, but only to the extent such 
taxes are deposited into the Transportation 
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Trust Fund and into each account of such 
Fund. 
‘‘(4) TRANSFERS FROM THE TRUST FUND FOR 
CERTAIN
AVIATION
FUEL
TAXES.—The Secretary 
shall pay at least monthly from the Transportation 
Trust Fund into the Airport and Airway Trust 
Fund amounts (as determined by the Secretary) 
equivalent to the taxes received on or after October 
1, 2005, and before October 1, 2023, under section 
4081 with respect to so much of the rate of tax as 
does not exceed. 
‘‘(A) 4.3 cents per gallon of kerosene sub-
ject to section 6427(l)(4)(A) with respect to 
which a payment has been made by the Sec-
retary under section 6427(l), and 
‘‘(B) 21.8 cents per gallon of kerosene sub-
ject to section 6427(l)(4)(B) with respect to 
which a payment has been made by the Sec-
retary under section 6427(l). 
Transfers under the preceding sentence shall be 
made on the basis of estimates by the Secretary, and 
proper adjustments shall be made in the amounts 
subsequently transferred to the extent prior esti-
mates were in excess of or less than the amounts re-
quired to be transferred. Any amount allowed as a 
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credit under section 34 by reason of paragraph (4) 
of section 6427(l) shall be treated for purposes of 
subparagraphs (A) and (B) as a payment made by 
the Secretary under such paragraph. 
‘‘(e) ESTABLISHMENT
OF
MASS
TRANSIT
AC-
COUNT.— 
‘‘(1) CREATION OF ACCOUNT.—There is estab-
lished in the Transportation Trust Fund a separate 
account to be known as the ‘Mass Transit Account’ 
consisting of such amounts as may be transferred or 
credited to the Mass Transit Account as provided in 
this section or section 9602(b). 
‘‘(2) TRANSFERS
TO
MASS
TRANSIT
AC-
COUNT.—The Secretary of the Treasury shall trans-
fer to the Mass Transit Account— 
‘‘(A) the mass transit portion of the 
amounts appropriated to the Transportation 
Trust Fund under subsection (b) which are at-
tributable to taxes under sections 4041 and 
4081 imposed after March 31, 1983. For pur-
poses of the preceding sentence, the term ‘mass 
transit portion’ means, for any fuel with respect 
to which tax was imposed under section 4041 
or 4081 and otherwise deposited into the 
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Transportation Trust Fund, the amount deter-
mined at the rate of— 
‘‘(i) except as otherwise provided in 
this sentence, 2.86 cents per gallon, 
‘‘(ii) 1.43 cents per gallon in the case 
of any partially exempt methanol or eth-
anol fuel (as defined in section 4041(m)) 
none of the alcohol in which consists of 
ethanol, 
‘‘(iii) 1.86 cents per gallon in the case 
of liquefied natural gas, 
‘‘(iv) 2.13 cents per gallon in the case 
of liquefied petroleum gas, and 
‘‘(v) 1.23 cents per energy equivalent 
of a gallon of gasoline in the case of com-
pressed natural gas, and 
‘‘(B) additional amounts appropriated to 
the Mass Transit Account by subsection 
(h)(1)(B). 
‘‘(3) 
EXPENDITURES
FROM
ACCOUNT.— 
Amounts in the Mass Transit Account shall be avail-
able, as provided by appropriation Acts, for making 
capital or capital related expenditures (including 
capital expenditures for new projects) before October 
1, 2021, in accordance with the GROW AMERICA 
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435 
Act or any other provision of law which was referred 
to in this paragraph before the date of the enact-
ment of such Act (as such Act and provisions of law 
are in effect on the date of the enactment of such 
Act). 
‘‘(4) LIMITATION ON TRANSFERS TO THE AC-
COUNT.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), no amount may be trans-
ferred to the Mass Transit Account on and 
after the date of any expenditure from the Mass 
Transit Account which is not permitted by this 
subsection. The determination of whether an ex-
penditure is so permitted shall be made without 
regard to— 
‘‘(i) any provision of law which is not 
contained or referenced in this title or in 
a revenue Act, and 
‘‘(ii) whether such provision of law is 
a subsequently enacted provision or di-
rectly or indirectly seeks to waive the ap-
plication of this paragraph. 
‘‘(B) EXCEPTION
FOR
PRIOR
OBLIGA-
TIONS.—Subparagraph (A) shall not apply to 
any expenditure to liquidate any contract en-
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tered into (or for any amount otherwise obli-
gated) before October 1, 2021, in accordance 
with the provisions of this section. 
‘‘(f) ESTABLISHMENT OF HIGHWAY ACCOUNT.— 
‘‘(1) CREATION OF ACCOUNT.—There is estab-
lished in the Transportation Trust Fund a separate 
account to be known as the ‘Highway Account’ con-
sisting of such amounts as may be transferred or 
credited to the Highway Account as provided in this 
section or section 9602(b). 
‘‘(2) TRANSFERS
TO
THE
HIGHWAY
AC-
COUNT.—The Secretary of the Treasury shall trans-
fer to the Highway Account— 
‘‘(A) the portion of the taxes appropriated 
to the Transportation Trust Fund by— 
‘‘(i) subparagraphs (B), (C), and (E) 
of subsection (b)(1), and 
‘‘(ii) subparagraphs (A) and (D) of 
subsection (b)(1), but only to the extent 
that such taxes are not required to be 
transferred to the Mass Transit Account 
under subsection (e), 
‘‘(B) additional amounts appropriated to 
the Highway Account by subsection (h)(1)(A); 
and 
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‘‘(C) fines and penalties appropriated to 
the Transportation Trust Fund by subsection 
(b)(4) and by section 521(b)(10) of title 49, 
United States Code. 
‘‘(3) LIMITATION ON TRANSFERS TO THE AC-
COUNT.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), no amount may be trans-
ferred to the Highway Account on and after the 
date of any expenditure from the Highway Ac-
count which is not permitted by this subsection. 
The determination of whether an expenditure is 
so permitted shall be made without regard to— 
‘‘(i) any provision of law which is not 
contained or referenced in this title or in 
a revenue Act, and 
‘‘(ii) whether such provision of law is 
a subsequently enacted provision or di-
rectly or indirectly seeks to waive the ap-
plication of this paragraph. 
‘‘(B) EXCEPTION
FOR
PRIOR
OBLIGA-
TIONS.—Subparagraph (A) shall not apply to 
any expenditure to liquidate any contract en-
tered into (or for any amount otherwise obli-
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gated) before October 1, 2021, in accordance 
with the provisions of this section. 
‘‘(4) 
EXPENDITURES
FROM
ACCOUNT.— 
Amounts in the Highway Account of the Transpor-
tation Trust Fund shall be available, as provided by 
appropriation acts, for making expenditures before 
October 1, 2021, to meet those obligations of the 
United States heretofore or hereafter incurred which 
are authorized to be paid out of the Highway Ac-
count under the GROW AMERICA Act or any other 
provision of law which was referred to in paragraph 
(c)(1) (as in effect on the day before enactment of 
such Act) before the date of the enactment of such 
Act (as such Act and provisions of law are in effect 
on the date of the enactment of such Act). 
‘‘(g) ESTABLISHMENT OF RAIL ACCOUNT.— 
‘‘(1) CREATION OF ACCOUNT.—There is estab-
lished in the Transportation Trust Fund a separate 
account to be known as the ‘Rail Account’ consisting 
of such amounts as may be transferred or credited 
to the Rail Account as provided in this section or 
section 9602(b). 
‘‘(2) TRANSFERS TO THE RAIL ACCOUNT.—The 
Secretary of the Treasury shall transfer to the Rail 
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Account amounts appropriated to the Rail Account 
by subsection (h)(1)(C). 
‘‘(3) LIMITATION ON TRANSFERS TO THE AC-
COUNT.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), no amount may be trans-
ferred to the Rail Account on and after the date 
of any expenditure from the Rail Account which 
is not permitted by this subsection. The deter-
mination of whether an expenditure is so per-
mitted shall be made without regard to— 
‘‘(i) any provision of law which is not 
contained or referenced in this title or in 
a revenue Act, and 
‘‘(ii) whether such provision of law is 
a subsequently enacted provision or di-
rectly or indirectly seeks to waive the ap-
plication of this paragraph. 
‘‘(B) EXCEPTION
FOR
PRIOR
OBLIGA-
TIONS.—Subparagraph (A) shall not apply to 
any expenditure to liquidate any contract en-
tered into (or for any amount otherwise obli-
gated) before October 1, 2021, in accordance 
with the provisions of this section. 
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‘‘(4) 
EXPENDITURES
FROM
ACCOUNT.— 
Amounts in the Rail Account of the Transportation 
Trust Fund shall be available, as provided by appro-
priation acts, for making expenditures before Octo-
ber 1, 2021, to meet those obligations of the United 
States heretofore or hereafter incurred which are au-
thorized to be paid out of the Rail Account under 
the GROW AMERICA Act. 
‘‘(h) ADDITIONAL APPROPRIATIONS.— 
‘‘(1) ADDITIONAL APPROPRIATIONS TO TRUST 
FUND.—Out of money in the Treasury not otherwise 
appropriated, there is hereby appropriated to— 
‘‘(A) the Highway Account in the Trans-
portation Trust Fund— 
‘‘(i) 
for 
fiscal 
year 
2016, 
$19,425,000,000, 
‘‘(ii) 
for 
fiscal 
year 
2017, 
$19,425,000,000, 
‘‘(iii) 
for 
fiscal 
year 
2018, 
$19,425,000,000, 
‘‘(iv) 
for 
fiscal 
year 
2019, 
$19,425,000,000, 
‘‘(v) 
for 
fiscal 
year 
2020, 
$19,425,000,000, and 
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‘‘(vi) 
for 
fiscal 
year 
2021, 
$19,425,000,000, and 
‘‘(B) the Mass Transit Account in the 
Transportation Trust Fund— 
‘‘(i) 
for 
fiscal 
year 
2016, 
$14,300,000,000, 
‘‘(ii) 
for 
fiscal 
year 
2017, 
$14,300,000,000, 
‘‘(iii) 
for 
fiscal 
year 
2018, 
$14,300,000,000, 
‘‘(iv) 
for 
fiscal 
year 
2019, 
$14,300,000,000, 
‘‘(v) 
for 
fiscal 
year 
2020, 
$14,300,000,000, and 
‘‘(vi) 
for 
fiscal 
year 
2021, 
$14,300,000,000, and 
‘‘(C) the Rail Account in the Transpor-
tation Trust Fund— 
‘‘(i) 
for 
fiscal 
year 
2016, 
$4,758,000,000, 
‘‘(ii) 
for 
fiscal 
year 
2017, 
$4,758,000,000, 
‘‘(iii) 
for 
fiscal 
year 
2018, 
$4,758,000,000, 
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‘‘(iv) 
for 
fiscal 
year 
2019, 
$4,758,000,000, 
‘‘(v) 
for 
fiscal 
year 
2020, 
$4,758,000,000, and 
‘‘(vi) 
for 
fiscal 
year 
2021, 
$4,758,000,000; and 
‘‘(D) the Multimodal Account in the 
Transportation Trust Fund— 
‘‘(i) 
for 
fiscal 
year 
2016, 
$1,250,000,000, 
‘‘(ii) 
for 
fiscal 
year 
2017, 
$1,250,000,000, 
‘‘(iii) 
for 
fiscal 
year 
2018, 
$1,250,000,000, 
‘‘(iv) 
for 
fiscal 
year 
2019, 
$1,250,000,000, 
‘‘(v) 
for 
fiscal 
year 
2020, 
$1,250,000,000, and 
‘‘(vi) 
for 
fiscal 
year 
2021, 
$1,250,000,000. 
‘‘(2) 
TREATMENT
OF
APPROPRIATED 
AMOUNTS.—Any amount appropriated under this 
subsection shall remain available without fiscal year 
limitation. 
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‘‘(i) ADJUSTMENTS OF APPORTIONMENTS FOR HIGH-
WAY
AND MASS TRANSIT ACCOUNT PROGRAMS.—The 
Secretary of the Treasury and where so indicated, the Sec-
retary of Transportation, shall take the following actions 
for the Highway Account and separately for the Mass 
Transit Account— 
‘‘(1) ESTIMATES
OF
UNFUNDED
AUTHORIZA-
TIONS AND NET RECEIPTS FOR ACCOUNT.—The Sec-
retary of the Treasury, not less frequently than once 
in each calendar quarter, after consultation with the 
Secretary of Transportation, shall estimate for the 
Account— 
‘‘(A) the amount which would (but for this 
subsection) be the unfunded authorizations at 
the close of the next fiscal year, and 
‘‘(B) the net receipts for the 48-month pe-
riod beginning at the close of such fiscal year. 
‘‘(2) PROCEDURE WHERE THERE ARE EXCESS 
UNFUNDED AUTHORIZATIONS.—If the Secretary of 
the Treasury determines for any fiscal year that the 
amount described in paragraph (1)(A) for the Ac-
count exceeds the amount described in paragraph 
(1)(B) for such Account— 
‘‘(A) the Secretary shall so advise the Sec-
retary of Transportation, and 
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‘‘(B) the Secretary shall further advise the 
Secretary of Transportation as to the amount 
of such excess. 
‘‘(3) 
ADJUSTMENT
OF
APPORTIONMENTS 
WHERE
UNFUNDED
AUTHORIZATIONS
EXCEED
YEARS’ RECEIPTS.— 
‘‘(A) DETERMINATION OF PERCENTAGE.— 
If, before any apportionment to the States is 
made of funds authorized to be appropriated 
from the Account in the most recent estimate 
made by the Secretary of the Treasury there is 
an excess referred to in paragraph (2)(B) for 
the Account, the Secretary of Transportation 
shall determine the percentage which— 
‘‘(i) the excess referred to in para-
graph (2)(B) for the Account, is of 
‘‘(ii) the amount authorized to be ap-
propriated from that Account of the Trust 
Fund for the fiscal year for apportionment 
to the States. 
If, but for this sentence, the most recent esti-
mate would be one which was made on a date 
which will be more than 3 months before the 
date of the apportionment, the Secretary of the 
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Treasury shall make a new estimate under 
paragraph (1) for the appropriate fiscal year. 
‘‘(B) 
ADJUSTMENT
OF
APPORTION-
MENTS.—If the Secretary of Transportation de-
termines a percentage for the Account under 
subparagraph (A) for purposes of any appor-
tionment, notwithstanding any other provision 
of law, the Secretary of Transportation shall 
apportion to the States (in lieu of the amount 
which, but for the provisions of this subsection, 
would be so apportioned) the amount obtained 
by reducing the amount authorized to be so ap-
portioned by such percentage. 
‘‘(4) APPORTIONMENT
OF
AMOUNTS
PRE-
VIOUSLY
WITHHELD
FROM
APPORTIONMENT.—If, 
after funds have been withheld from apportionment 
under paragraph (3)(B), the Secretary of the Treas-
ury determines that the amount described in para-
graph (1)(A) does not exceed the amount described 
in paragraph (1)(B) or that the excess described in 
paragraph (1)(B) is less than the amount previously 
determined, he shall so advise the Secretary of 
Transportation. The Secretary of Transportation 
shall apportion to the States such portion of the 
funds so withheld from apportionment as the Sec-
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446 
retary of the Treasury has advised him may be so 
apportioned without causing the amount described in 
paragraph (1)(A) to exceed the amount described in 
paragraph (1)(B). Any funds apportioned pursuant 
to the preceding sentence shall remain available for 
the period for which they would be available if such 
apportionment took effect with the fiscal year in 
which they are apportioned pursuant to the pre-
ceding sentence. 
‘‘(5) DEFINITIONS.—For purposes of this sub-
section— 
‘‘(A) UNFUNDED
AUTHORIZATIONS.—The 
term ‘unfunded authorizations’ means, at any 
time, the excess (if any) of— 
‘‘(i) the total potential unpaid com-
mitments at such time as a result of the 
apportionment 
to 
the 
States 
of 
the 
amounts authorized to be appropriated 
from the Account, over 
‘‘(ii) the amount available in the that 
Account at such time to defray such com-
mitments (after all other unpaid commit-
ments at such time which are payable from 
that Account have been defrayed). 
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‘‘(B) NET RECEIPTS.—The term ‘net re-
ceipts’ means, with respect to any period, the 
excess of— 
‘‘(i) the receipts (including interest) of 
the Account during such period, over 
‘‘(ii) the amounts to be transferred 
during such period from such Account 
under subsection (d). 
‘‘(6) MEASUREMENT OF NET RECEIPTS.—For 
purposes of making any estimate under paragraph 
(1) of net receipts for periods ending after the date 
specified in subsection (b)(1), the Secretary of the 
Treasury shall treat— 
‘‘(A) each expiring provision of subsection 
(b) which is related to appropriations or trans-
fers to the Highway Account or the Mass Tran-
sit Account of the Transportation Trust Fund 
to have been extended through the end of the 
48-month period referred to in paragraph 
(1)(B), and 
‘‘(B) with respect to each tax imposed 
under the sections referred to in subsection 
(b)(1), the rate of such tax during the 48- 
month period referred to in paragraph (1)(B) 
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to be the same as the rate of such tax as in ef-
fect on the date of such estimate. 
‘‘(7) REPORTS.—Any estimate under paragraph 
(1) and any determination under paragraph (2) shall 
be reported by the Secretary of the Treasury to the 
Committee on Ways and Means of the House of 
Representatives, the Committee on Finance of the 
Senate, the Committees on the Budget of both 
Houses, the Committee on Transportation and In-
frastructure of the House of Representatives, and 
the Committee on Commerce, Science, and Trans-
portation, the Committee on Banking, and the Com-
mittee on Environment and Public Works of the 
Senate. 
‘‘(j) ESTABLISHMENT OF MULTIMODAL ACCOUNT.— 
‘‘(1) CREATION OF ACCOUNT.—There is estab-
lished in the Transportation Trust Fund a separate 
account to be known as the ‘Multimodal Account’ 
consisting of such amounts as may be transferred or 
credited to the Multimodal Account as provided in 
this section or section 9602(b). 
‘‘(2) TRANSFERS
TO
THE
MULTIMODAL
AC-
COUNT.—The Secretary of the Treasury shall trans-
fer to the Multimodal Account amounts appropriated 
to the Multimodal Account by subsection (h)(1)(D). 
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‘‘(3) LIMITATION ON TRANSFERS TO THE AC-
COUNT.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), no amount may be trans-
ferred to the Multimodal Account on and after 
the 
date 
of 
any 
expenditure 
from 
the 
Multimodal Account which is not permitted by 
this subsection. The determination of whether 
an expenditure is so permitted shall be made 
without regard to— 
‘‘(i) any provision of law which is not 
contained or referenced in this title or in 
a revenue Act, and 
‘‘(ii) whether such provision of law is 
a subsequently enacted provision or di-
rectly or indirectly seeks to waive the ap-
plication of this paragraph. 
‘‘(B) EXCEPTION
FOR
PRIOR
OBLIGA-
TIONS.—Subparagraph (A) shall not apply to 
any expenditure to liquidate any contract en-
tered into (or for any amount otherwise obli-
gated) before October 1, 2021, in accordance 
with the provisions of this section. 
‘‘(4) 
EXPENDITURES
FROM
ACCOUNT.— 
Amounts in the Multimodal Account of the Trans-
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portation Trust Fund shall be available, as provided 
by appropriation acts, for making expenditures be-
fore October 1, 2021, to meet those obligations of 
the United States heretofore or hereafter incurred 
which are authorized to be paid out of the 
Multimodal Account under the GROW AMERICA 
Act.’’. 
(b) CONFORMING AMENDMENTS.— 
(1) The item relating to section 9503 in the 
analysis of chapter 98 of the Internal Revenue Code 
of 1986 is amended by striking ‘‘Highway’’ and in-
serting ‘‘Transportation’’. 
(2) Section 201(b) of the Land and Water Con-
servation Fund Act of 1965 (16 U.S.C. 460l–11(b) 
is amended— 
(A) by striking ‘‘2016’’ and inserting 
‘‘2023’’, and 
(B) by striking ‘‘2017’’ each place it ap-
pears and inserting ‘‘2024’’. 
(3) Section 521(b)(10) of title 49, United 
States Code, is amended by striking ‘‘Highway 
Trust Fund (other than the Mass Transit Account)’’ 
and inserting ‘‘Highway Account of the Transpor-
tation Trust Fund’’. 
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SEC. 7005. EFFECTIVE DATE. 
The amendments made by this title shall take effect 
on the date of the enactment of this Act. 
TITLE VIII—RESEARCH 
Subtitle A—Funding 
SEC. 8001. AUTHORIZATION OF APPROPRIATIONS. 
(a) IN GENERAL.—The following amounts are au-
thorized to be appropriated out of the Highway Account 
of the Transportation Trust Fund: 
(1) HIGHWAY RESEARCH AND DEVELOPMENT 
PROGRAM.—To carry out section 503(b) of title 23, 
United States Code— 
(A) $130,000,000 for fiscal year 2016; 
(B) $132,594,234 for fiscal year 2017; 
(C) $135,188,470 for fiscal year 2018; 
(D) $138,070,953 for fiscal year 2019; 
(E) $140,832,372 for fiscal year 2020; and 
(F) $143,649,100 for fiscal year 2021. 
(2) TECHNOLOGY
AND
INNOVATION
DEPLOY-
MENT PROGRAM.—To carry out section 503(c) of 
title 23, United States Code— 
(A) $70,000,000 for fiscal year 2016; 
(B) $71,396,896 for fiscal year 2017; 
(C) $72,793,792 for fiscal year 2018; 
(D) $74,345,898 for fiscal year 2019; 
(E) $75,832,816 for fiscal year 2020; and 
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452 
(F) $77,349,552 for fiscal year 2021. 
(3) TRAINING AND EDUCATION.—To carry out 
section 504 of title 23, United States Code— 
(A) $27,000,000 for fiscal year 2016; 
(B) $27,538,803 for fiscal year 2017; 
(C) $28,077,605 for fiscal year 2018; 
(D) $28,676,275 for fiscal year 2019; 
(E) $29,249,801 for fiscal year 2020; and 
(F) $29,834,876 for fiscal year 2021. 
(4) INTELLIGENT
TRANSPORTATION
SYSTEMS 
PROGRAM.—To carry out sections 512 through 519 
of title 23, United States Code— 
(A) $158,000,000 for fiscal year 2016; 
(B) $179,254,989 for fiscal year 2017; 
(C) $173,509,978 for fiscal year 2018; 
(D) $137,015,521 for fiscal year 2019; 
(E) $142,415,831 for fiscal year 2020; and 
(F) $144,864,148 for fiscal year 2021. 
(5) UNIVERSITY
TRANSPORTATION
CENTERS 
PROGRAM.—To carry out section 5505 of title 49, 
United States Code— 
(A) $82,000,000 for fiscal year 2016; 
(B) $83,636,364 for fiscal year 2017; 
(C) $85,272,727 for fiscal year 2018; 
(D) $87,090,909 for fiscal year 2019; 
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(E) $88,832,727 for fiscal year 2020; and 
(F) $90,609,462 for fiscal year 2021. 
(6) BUREAU
OF
TRANSPORTATION
STATIS-
TICS.—To carry out chapter 63 of title 49, United 
States Code— 
(A) $29,000,000 for fiscal year 2016; 
(B) $29,578,714 for fiscal year 2017; 
(C) $30,157,428 for fiscal year 2018; 
(D) $30,800,444 for fiscal year 2019; 
(E) $31,416,453 for fiscal year 2020; and 
(F) $32,044,862 for fiscal year 2021. 
(b) APPLICABILITY OF TITLE 23, UNITED STATES 
CODE.—Funds authorized to be appropriated by sub-
section (a) shall— 
(1) be available for obligation in the same man-
ner as if those funds were apportioned under chap-
ter 1 of title 23, United States Code, except that the 
Federal share of the cost of a project or activity car-
ried out using those funds shall be 80 percent, un-
less otherwise expressly provided by this Act (includ-
ing the amendments by this Act) or otherwise deter-
mined by the Secretary; and 
(2) remain available until expended and not be 
transferable. 
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Subtitle B—Research, Technology, 
and Education 
SEC. 8101. NATIONAL COOPERATIVE FREIGHT TRANSPOR-
TATION RESEARCH PROGRAM. 
(a) IN GENERAL.—Chapter 5 of title 23, United 
States Code, is amended by inserting the following at the 
end: 
‘‘§ 550. National Cooperative Freight Transportation 
Research Program 
‘‘(a) ESTABLISHMENT.—The Secretary shall estab-
lish and support a National Cooperative Freight Trans-
portation Research Program. 
‘‘(b) AGREEMENT.—The Secretary shall enter into an 
agreement with the Transportation Research Board of the 
National Research Council of the National Academies to 
support and carry out administrative and management ac-
tivities relating to the governance of the National Coopera-
tive Freight Transportation Research Program. 
‘‘(c) ADVISORY COMMITTEE.—The National Acad-
emies shall select an advisory committee consisting of a 
representative cross section of freight stakeholders, includ-
ing the Department of Transportation, other Federal 
agencies, State transportation departments, local govern-
ments, nonprofit entities, academia, private sector carriers 
and shippers, and other interested parties. 
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‘‘(d) 
GOVERNANCE.—The 
National 
Cooperative 
Freight Transportation Research Program established 
under this section shall include the following administra-
tive and management elements: 
‘‘(1) NATIONAL RESEARCH AGENDA.—The advi-
sory committee, in consultation with interested par-
ties, shall recommend a national research agenda for 
the program. The agenda shall— 
‘‘(A) include an emphasis on the safe and 
efficient transportation and handling of haz-
ardous materials by all modes of transportation; 
‘‘(B) include a multiyear strategic plan; 
‘‘(C) be fully coordinated with the activi-
ties, plans, and reports required by sections 
5304 and 5305 of title 49; and 
‘‘(D) be fully coordinated with the activi-
ties, plans, and reports required by section 508 
of title 23, United States Code. 
‘‘(2) INVOLVEMENT.—Interested parties may— 
‘‘(A) submit research proposals to the advi-
sory committee; 
‘‘(B) participate in merit reviews of re-
search proposals and peer reviews of research 
products; and 
‘‘(C) receive research results. 
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‘‘(3) OPEN COMPETITION AND PEER REVIEW OF 
RESEARCH
PROPOSALS.—The National Academies 
may award research contracts and grants under the 
program through open competition and merit review 
conducted on a regular basis. 
‘‘(4) RESEARCH COORDINATION.—The National 
Academies shall ensure that research contracts and 
grants awarded under this section are not duplica-
tive with research conducted under other cooperative 
transportation research programs governed by the 
National Academies; nor with research conducted by 
the Department of Transportation or any other Fed-
eral, State, or local agency. 
‘‘(5) EVALUATION OF RESEARCH.— 
‘‘(A) PEER REVIEW.—Research contracts 
and grants under the program may allow peer 
review of the research results. 
‘‘(B) PROGRAMMATIC EVALUATIONS.—The 
National Academies may conduct periodic pro-
grammatic evaluations on a regular basis of re-
search contracts and grants. 
‘‘(6) DISSEMINATION
OF
RESEARCH
FIND-
INGS.—The National Academies shall disseminate 
research findings to researchers, practitioners, and 
decisionmakers, through conferences and seminars, 
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field demonstrations, workshops, training programs, 
presentations, testimony to government officials, the 
World Wide Web, publications for the general public, 
collaboration with the National Transportation Li-
brary, and other appropriate means. 
‘‘(e) CONTENTS.—The national research agenda re-
quired under subsection (d)(1) shall at a minimum include 
research in the following areas: 
‘‘(1) Techniques for estimating and quantifying 
public benefits derived from freight transportation 
projects. 
‘‘(2) Alternative approaches to calculating the 
contribution of truck and rail traffic to congestion 
on specific highway segments. 
‘‘(3) The feasibility of consolidating origins and 
destinations for freight movement. 
‘‘(4) Methods for incorporating estimates of do-
mestic and international trade into landside trans-
portation planning. 
‘‘(5) Means of synchronizing infrastructure im-
provements with freight transportation demand. 
‘‘(6) The effect of changing patterns of freight 
movement on transportation planning decisions. 
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‘‘(7) Other research areas to identify and ad-
dress emerging and future research needs related to 
freight transportation by all modes. 
‘‘(f) FUNDING.— 
‘‘(1) FEDERAL SHARE.—The Federal share of 
the cost of an activity carried out under this section 
shall be up to 100 percent. 
‘‘(2) USE OF NON-FEDERAL FUNDS.—In addi-
tion to using funds authorized for this section, the 
National Academies may seek and accept additional 
funding sources from public and private entities ca-
pable of accepting funding from the Department of 
Transportation, States, local governments, nonprofit 
foundations, and the private sector.’’. 
(b) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Secretary of 
Transportation such sums as may be necessary to carry 
out section 550 of such title. 
(c) CONFORMING AMENDMENT.—The analysis for 
chapter 501 is amended by adding the following at the 
end: 
‘‘550. National Cooperative Freight Transportation Research Program.’’. 
SEC. 8102. COMPETITIVE UNIVERSITY TRANSPORTATION 
CENTERS CONSORTIA PROGRAM. 
(a) IN GENERAL.—Section 5505 of title 49, United 
States Code, is amended as follows: 
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(1) Subsection (a)(2)(A) is amended to read: 
‘‘(A) to advance multimodal and cross- 
modal transportation expertise and technology 
in the varied disciplines that comprise the field 
of transportation through education, research, 
and technology transfer activities;’’. 
(2) Subsection (a)(2)(C) of title 49 is amended 
to read: 
‘‘(C) to address critical workforce needs 
and educate the next generation of transpor-
tation leaders in a multidisciplinary fashion.’’. 
(3) Subsection (b) is amended to read as fol-
lows: 
‘‘(b) COMPETITIVE SELECTION PROCESS.— 
‘‘(1) APPLICATIONS.—To receive a grant under 
this section, a consortium of nonprofit institutions of 
higher education shall submit to the Secretary an 
application that is in such form and contains such 
information as the Secretary may require. 
‘‘(2) RESTRICTION.—The lead institution of a 
consortium of nonprofit institutions of higher edu-
cation that receives a direct grant award under this 
section for a national transportation center or a re-
gional transportation center in a fiscal year shall not 
be eligible to receive funding, direct or indirectly, 
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from an additional grant in that fiscal year as the 
lead institution or member of a consortium, for a 
national transportation center or a regional trans-
portation center. 
‘‘(3) COORDINATION.—The Secretary shall so-
licit grant applications for national transportation 
centers, regional transportation centers, and Tier 1 
university transportation centers with identical ad-
vertisement schedules and deadlines. 
‘‘(4) GENERAL SELECTION CRITERIA.— 
‘‘(A) IN GENERAL.—Except as otherwise 
provided by this section, the Secretary shall 
award grants under this section in nonexclusive 
candidate topic areas established by the Sec-
retary that address the research priorities iden-
tified in the plans developed under section 508 
of title 23. 
‘‘(B) CRITERIA.—The Secretary, in con-
sultation with the Assistant Secretary for Re-
search and Technology and the Administrators 
of the Federal Highway Administration and 
Federal Railroad Administration, shall select 
each recipient of a grant under this section 
through a competitive process based on the as-
sessment of the Secretary relating to— 
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tation 
field, 
including 
minorities, 
women, individuals with disabilities, 
veterans, low-income populations, and 
others who may not have considered 
pursuing careers in transportation 
previously; 
‘‘(vi) the demonstrated ability of the 
recipient to disseminate results and spur 
the implementation of transportation re-
search and education programs through 
national or statewide continuing education 
programs; 
‘‘(vii) the demonstrated commitment 
of the recipient to the use of peer review 
principles and other research best practices 
in the selection, management, and dissemi-
nation of research projects; 
‘‘(viii) the strategic plan submitted by 
the recipient describing the proposed re-
search to be carried out by the recipient 
and the performance metrics to be used in 
assessing the performance of the recipient 
in meeting the stated research, technology 
transfer, education, and outreach goals; 
and 
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‘‘(ix) the ability of the recipient to im-
plement the proposed program in a cost-ef-
ficient manner, such as through cost shar-
ing and overall reduced overhead, facilities, 
and administrative costs. 
‘‘(5) TRANSPARENCY.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
provide to each applicant, upon request, any 
materials, including copies of reviews (with any 
information that would identify a reviewer re-
dacted), used in the evaluation process of the 
proposal of the applicant. 
‘‘(B) REPORTS.—The Secretary shall make 
available to the public on a Department of 
Transportation web site a report describing the 
overall review process under paragraph (3) that 
includes— 
‘‘(i) specific criteria of evaluation used 
in the review; 
‘‘(ii) descriptions of the review proc-
ess; and 
‘‘(iii) explanations of the selected 
awards. 
‘‘(6) OUTSIDE STAKEHOLDERS.—The Secretary 
shall, to the maximum extent practicable, consult ex-
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ternal stakeholders such as the Transportation Re-
search Board of the National Research Council of 
the National Academies to evaluate and competi-
tively review all proposals.’’; and 
(4) Subsection (c) is amended to read as fol-
lows: 
‘‘(c) GRANTS.— 
‘‘(1) IN GENERAL.—Not later than 1 year after 
the date of enactment of the GROW AMERICA Act, 
the Secretary, in consultation with the Assistant 
Secretary for Research and Technology and the Ad-
ministrators of the Federal Highway Administration 
and Federal Railroad Administration, shall select 
grant recipients under subsection (b) and make 
grant amounts available to the selected recipients. 
‘‘(2) FOCUSED RESEARCH.—In awarding grants 
under this paragraph, consideration shall be given to 
minority institutions, as defined by section 365 of 
the Higher Education Act of 1965 (20 U.S.C. 
1067k), or consortia that include such institutions 
that have demonstrated an ability in transportation- 
related research and education. 
‘‘(3) NATIONAL TRANSPORTATION CENTERS.— 
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), the Secretary shall provide grants to 
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5 consortia that the Secretary determines best 
meet the criteria described in subsection (b)(4). 
‘‘(B) RESTRICTION.—For each fiscal year, 
a grant made available under this paragraph 
shall be $3,200,000 per recipient. 
‘‘(C) MATCHING REQUIREMENT.— 
‘‘(i) IN GENERAL.—As a condition of 
receiving a grant under this paragraph, a 
grant recipient shall match 100 percent of 
the amounts made available under the 
grant. 
‘‘(ii) 
SOURCES.—The 
matching 
amounts referred to in clause (i) may in-
clude— 
‘‘(I) amounts made available to 
the recipient under title I of this Act; 
‘‘(II) amounts made available to 
the recipient by the several adminis-
trations of the Department of Trans-
portation; and 
‘‘(III) amounts made available to 
the recipient by other Federal depart-
ments, agencies, independent agencies, 
boards, and other Federal elements 
with interests in transportation. 
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‘‘(4) REGIONAL UNIVERSITY TRANSPORTATION 
CENTERS.— 
‘‘(A) LOCATION OF REGIONAL CENTERS.— 
One regional university transportation center 
shall be located in each of the 10 Federal re-
gions that comprise the Standard Federal Re-
gions established by the Office of Management 
and Budget in the document entitled ‘Standard 
Federal Regions’ and dated April 1974 (cir-
cular A–105). 
‘‘(B) 
SELECTION
CRITERIA.—In 
con-
ducting a competition under subsection (b), the 
Secretary shall provide grants to 10 consortia 
on the basis of— 
‘‘(i) the criteria described in sub-
section (b)(3); 
‘‘(ii) the location of the center within 
the Federal region to be served; and 
‘‘(iii) whether the consortium of insti-
tutions demonstrates that the consortium 
has well-established, nationally recognized 
multimodal and multidisciplinary programs 
in transportation research and education, 
as evidenced by— 
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‘‘(I) recent expenditures by the 
institution in surface transportation 
research; 
‘‘(II) a historical track record of 
awarding graduate degrees in profes-
sional fields closely related to surface 
transportation; and 
‘‘(III) an experienced faculty who 
specialize in professional fields closely 
related to surface transportation. 
‘‘(C) 
RESTRICTIONS.—For 
each 
fiscal 
year, a grant made available under this para-
graph shall be $3,000,000 for each recipient. 
‘‘(D) MATCHING REQUIREMENT.— 
‘‘(i) IN GENERAL.—As a condition of 
receiving a grant under this paragraph, a 
grant recipient shall match 100 percent of 
the amounts made available under the 
grant. 
‘‘(ii) 
SOURCES.—The 
matching 
amounts referred to in clause (i) may in-
clude— 
‘‘(I) amounts made available to 
the recipient under title I of this Act; 
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‘‘(II) amounts made available to 
the recipient by the several adminis-
trations of the Department of Trans-
portation; and 
‘‘(III) amounts made available to 
the recipient by other Federal depart-
ments, agencies, independent agencies, 
boards, and other elements with inter-
ests in transportation. 
‘‘(5) TIER
UNIVERSITY
TRANSPORTATION 
CENTERS.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
provide grants of $1,800,000 each to not more 
than 20 recipients to carry out this paragraph. 
‘‘(B) RESTRICTION.—The lead institution 
of a consortium of nonprofit institutions of 
higher education that receives a direct grant 
award under paragraph (3) or (4) shall not be 
eligible to receive a direct grant award under 
this paragraph. 
‘‘(C) MATCHING REQUIREMENT.— 
‘‘(i) IN GENERAL.—Subject to clause 
(iii), as a condition of receiving a grant 
under this paragraph, a grant recipient 
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shall match 50 percent of the amounts 
made available under the grant. 
‘‘(ii) 
SOURCES.—The 
matching 
amounts referred to in clause (i) may in-
clude— 
‘‘(I) amounts made available to 
the recipient under title I of this Act; 
‘‘(II) amounts made available to 
the recipient by the several adminis-
trations of the Department of Trans-
portation; and 
‘‘(III) amounts made available to 
the recipient by other Federal depart-
ments, agencies, independent agencies, 
boards and other elements with inter-
ests in transportation.’’. 
(b) PROGRAM EVALUATION AND OVERSIGHT.—Sec-
tion 5505 of title 49, United States Code, is further 
amended by amending subsection (d)(3) to read: 
‘‘(d) PROGRAM COORDINATION.— 
‘‘(3) 
PROGRAM
EVALUATION
AND
OVER-
SIGHT.—The Secretary shall expend not more than 
21⁄2 percent of the amounts made available to the 
Secretary to carry out this section for any coordina-
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tion, evaluation, and oversight activities of the Sec-
retary under this section.’’. 
(c) RESEARCH EFFICIENCY.—Section 5505 of title 
49, United States Code, is further amended by inserting 
after subsection (f) the following: 
‘‘(g) RESEARCH EFFICIENCY.— 
‘‘(1) ADDITIONAL SPONSORED GRANTS.—To en-
able access more broadly to the specialized skills and 
multidisciplinary research capabilities of the trans-
portation university research community by the sev-
eral administrations of the Department of Transpor-
tation, and by other Federal departments, agencies, 
independent agencies, boards, and other elements 
with interests in transportation, these organizations 
may sponsor competitive grants to consortia on spe-
cific research topics. 
‘‘(2) GRANTS.— 
‘‘(A) The grants shall conform to the selec-
tion criteria and requirements of either Na-
tional Transportation Centers or Tier 1 Univer-
sity Transportation Centers; and be of an 
equivalent grant value of the type of Center se-
lected. 
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‘‘(B) The grants shall conform to all other 
requirements and restrictions under this sec-
tion. 
‘‘(C) The grants shall be competed, se-
lected, and awarded on the same schedule as all 
grants competed under this section. 
‘‘(3) MATCHING REQUIREMENT.—Such grants 
shall require identical matching requirements of the 
type of Center selected; except that sources of 
matching funds may not be the same funding source 
as the Federal entity funding the specialized 
grant.’’. 
SEC. 8103. PRIORITY MULTIMODAL RESEARCH PROGRAM. 
(a) IN GENERAL.—Section 5506 of title 49, United 
States Code, is amended to read as follows: 
‘‘§ 5506. Priority Multimodal Research Program 
‘‘(a) ESTABLISHMENT.—The Secretary shall estab-
lish and support a Priority Multimodal Research Program. 
‘‘(b) FOCUSED RESEARCH.—The Secretary shall 
enter into research agreements to carry out priority 
multimodal research in the following topics: 
‘‘(1) Conduct research and standards/guideline 
development for surface transportation infrastruc-
ture owners and services providers on systems resil-
ience and recovery. 
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‘‘(2) Enable advanced research towards a Zero 
Emissions Transportation System, to— 
‘‘(A) accelerate the goal of 80 percent 
greenhouse gas emission reduction by 2050, to 
a goal of 100 percent greenhouse gas emission 
reduction by the same date; and 
‘‘(B) conduct advanced or long-term re-
search on emissions in the transportation sec-
tor, both in vehicle emissions and in infrastruc-
ture construction and maintenance. 
‘‘(3) Conduct a coordinated, multimodal STEM 
Education and Workforce Development program to 
support the transportation sector’s needs over the 
next decade for a new workforce trained in the latest 
technologies. 
‘‘(c) FUNDING.— 
‘‘(1) FEDERAL SHARE.—The Federal share of 
the cost of an activity carried out under this section 
shall be up to 100 percent. 
‘‘(2) USE OF NON-FEDERAL FUNDS.—In addi-
tion to using funds authorized for this section, the 
Secretary may seek and accept additional funding 
sources from public and private entities capable of 
accepting funding from the Department of Trans-
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473 
portation, States, local governments, nonprofit foun-
dations, and the private sector. 
‘‘(3) 
PERIOD
OF
AVAILABILITY.—Amounts 
made available to carry out this section shall remain 
available until expended.’’. 
(b) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Secretary of 
Transportation such sums as may be necessary to carry 
out section 5506 of title 49, United States Code. 
(c) CONFORMING AMENDMENT.—The analysis for 
chapter 55 of title 49 is amended by inserting the fol-
lowing at the end: 
‘‘5506. Priority Multimodal Research Program.’’. 
SEC. 8104. BUREAU OF TRANSPORTATION STATISTICS. 
(a) SECTION 6302 AMENDMENTS.—Section 6302 of 
title 49, United States Code, is amended as follows: 
(1) Subsection 6302(b)(3)(B)(vi)(III) of title 
49, United States Code, is amended by striking 
‘‘section 6310’’ and inserting ‘‘section 6309’’. 
(2) Clauses (vii), (viii), (ix), and (x) of sub-
section 6302(b)(3)(B) of title 49, United States 
Code, are redesignated as clauses (viii), (ix), (x), and 
(xi), respectively. 
(3) The following is inserted after subsection 
6302(b)(3)(B)(vi): 
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‘‘(vii) develop and improve transpor-
tation economic accounts, to meet demand 
for methods for estimating the economic 
value of transportation infrastructure, in-
vestment, and services;’’. 
(b) TRANSPORTATION
STATISTICS
ANNUAL
RE-
PORT.—Section 6312 of title 49, United States Code, is 
amended by adding after subsection (c) the following: 
‘‘(d) INTERMODAL TRANSPORTATION DATA COLLEC-
TION.—To provide content for the database described in 
this section, the Director shall create and maintain data 
sets and data analysis tools. Activities may include— 
‘‘(1) conducting national surveys of goods 
movement, intercity passenger flows, household and 
business logistics, the domestic transportation of 
international trade, and vehicle inventory and use; 
‘‘(2) collecting household travel behavior data 
and business logistics data crossing local jurisdic-
tional boundaries to accommodate external and 
through travel; 
‘‘(3) collecting and analyzing administrative 
records to identify travel patterns, goods movement, 
and the economic value of transportation infrastruc-
ture serving travel and freight; 
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‘‘(4) developing methods for establishing the 
economic value of transportation capital stocks and 
services; 
‘‘(5) enhancing and deploying analysis tools to 
integrate data collected under this section into the 
National Commodity Origin Destination Accounts, 
National Passenger Travel Origin Destination Ac-
counts, and Transportation Economic Accounts of 
the Intermodal Transportation Database; and 
‘‘(6) developing tools to enhance public access 
to the Intermodal Transportation Database in con-
junction with development, application, and report-
ing of performance measures.’’. 
(c) NATIONAL
TRANSPORTATION
ATLAS
DATA-
BASE.—Section 6311(5) of title 49, United States Code, 
is amended by replacing ‘‘section 6310’’ with ‘‘section 
6309’’. 
(d) INTERMODAL
TRANSPORTATION
DATA
PRO-
GRAM.—Section 6303(c)(1) is amended to read as follows: 
‘‘(1) information on the items referred to in 
subsection 6302(b)(3)(B)(vi).’’. 
(e) 
MANDATORY
RESPONSE
AUTHORITY
FOR 
FREIGHT DATA COLLECTION.—Section 6313(a) of title 
49, United States Code, is amended by— 
(1) striking paragraph (2); 
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(2) striking the designation and heading of 
paragraph (1); 
(3) redesignating subparagraphs (A) and (B) as 
paragraphs (1) and (2), respectively; and 
(4) striking ‘‘described in paragraph (2)’’ and 
inserting ‘‘of any nature whatsoever’’. 
(f) NATIONAL TRANSPORTATION LIBRARY.—Section 
6304 of title 49, United States Code, is amended to read 
as follows: 
‘‘§ 6304. National Transportation Library 
‘‘(a) PURPOSE AND ESTABLISHMENT.—To support 
the information management and decisionmaking needs of 
transportation officials at the Federal, State, and local lev-
els, there shall be in the Bureau a National Transpor-
tation Library, which shall— 
‘‘(1) be headed by an individual who is highly 
qualified in library and information science; 
‘‘(2) acquire, preserve, and manage transpor-
tation information and information products and 
services for use by the Department, other Federal 
agencies, and the general public; 
‘‘(3) provide reference and research assistance; 
‘‘(4) serve as a central depository for research 
results and technical publications of the Depart-
ment; 
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‘‘(5) provide a central clearinghouse for trans-
portation data and information of the Federal Gov-
ernment; 
‘‘(6) plan for, coordinate, and evaluate informa-
tion sciences and library needs related to transpor-
tation research, education, and training; 
‘‘(7) serve as coordinator and policy lead for 
transportation information access; 
‘‘(8) provide transportation information and in-
formation products and services to— 
‘‘(A) the Department; 
‘‘(B) other Federal agencies; 
‘‘(C) public and private organizations; and 
‘‘(D) individuals, within the United States 
and internationally; 
‘‘(9) coordinate efforts among, and cooperate 
with, transportation libraries, information providers, 
and technical assistance centers, in conjunction with 
private industry and other transportation library and 
information centers, with the goal of developing a 
comprehensive 
transportation 
information 
and 
knowledge network that supports the activities de-
scribed in section 6302(b)(3)(B)(vi); and 
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‘‘(10) engage in other activities the Director de-
termines to be necessary and as the resources of the 
Library permit. 
‘‘(b) ACCESS.— 
‘‘(1) IN
GENERAL.—The Director shall pub-
licize, facilitate, and promote access to the informa-
tion products and services described in subsection 
(a), to improve the ability of the transportation com-
munity to share information and the ability of the 
Director to make statistics and other information 
readily 
accessible 
as 
required 
under 
section 
6302(b)(3)(B)(x) of this title. 
‘‘(2) AVAILABILITY
OF
PUBLICATIONS, MATE-
RIALS, FACILITIES, OR SERVICES; PRESCRIPTION OF 
RULES.—The Director shall— 
‘‘(A) make available publications or mate-
rials according to library and information 
science best practices; 
‘‘(B) make available its facilities for re-
search; and 
‘‘(C) make available its bibliographic, basic 
reference, or other services to public and private 
entities and individuals. 
‘‘(3) 
RULES.—Rules 
described 
in 
section 
6304(b)(1) of this title may provide for making 
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available such publications, materials, facilities, or 
services— 
‘‘(A) without charge as a public service; 
‘‘(B) upon a loan, exchange, or charge 
basis; or 
‘‘(C) in appropriate circumstances, under 
contract arrangements made with public or 
other nonprofit entity. 
‘‘(c) AGREEMENTS.— 
‘‘(1) IN GENERAL.—To carry out this section, 
the Director may enter into agreements with, award 
grants to, and receive amounts from, any— 
‘‘(A) State or local government; 
‘‘(B) organization; 
‘‘(C) business; or 
‘‘(D) individual. 
‘‘(2) 
CONTRACTS, 
GRANTS, 
AND
AGREE-
MENTS.—The Library may initiate and support spe-
cific information and data management, access, and 
exchange activities in connection with matters relat-
ing to the Department’s strategic goals, knowledge 
networking, and national and international coopera-
tion, by entering into contracts or other agreements 
or awarding grants for the conduct of such activi-
ties. 
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‘‘(3) AMOUNTS.—Any amounts received by the 
Library as payment for library products and services 
or other activities shall be made available to the Di-
rector to carry out this section, deposited in the Of-
fice of the Assistant Secretary for Research and 
Technology’s general fund account, and remain 
available until expended.’’. 
(g) PORT PERFORMANCE STATISTICS PROGRAM.— 
Chapter 63 of title 49, United States Code, is amended 
by adding after section 6313 the following: 
‘‘§ 6314. Port Performance Statistics Program 
‘‘(a) IN GENERAL.—The Director may establish a 
Port Performance Statistics Program to provide nationally 
consistent measures of performance of the Nation’s mari-
time ports. 
‘‘(b) ANNUAL REPORTS.—The Director is authorized 
to require annual reports from all ports that receive Fed-
eral assistance or are subject to Federal regulation, in-
cluding statistics on capacity, throughput, and other 
measures of performance required for implementation of 
the National Freight Policy required by section 167 of 
title 23. 
‘‘(c) RECOMMENDATIONS.—The Director shall obtain 
recommendations for specifications for port performance 
measures from the United States Army Corps of Engi-
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neers, the Maritime Administration, the Saint Lawrence 
Seaway Development Corporation, the United States 
Coast Guard, the Marine Transportation System National 
Advisory Council, and the Department of Commerce Advi-
sory Council on Supply Chain Competitiveness to identify 
standard data elements for measuring port performance.’’. 
(h) CONFORMING AMENDMENT.—The analysis for 
chapter 63 of title 49, United States Code, is amended 
by inserting the following at the end: 
‘‘Sec. 6314. Port Performance Statistics Program.’’. 
SEC. 8105. ITS GOALS AND PURPOSES. 
(a) TECHNICAL CORRECTION.—Section 514(a)(5) of 
title 23, United States Code, is amended to read as fol-
lows: 
‘‘(5) improvement of the ability of the United 
States to respond to security related or other man-
made emergencies and natural disasters;’’. 
(b) FREIGHT GOALS.—Section 514(a) of title 23, 
United States Code, is amended by inserting the following 
after paragraph (5): 
‘‘(6) enhancement of the Nation’s freight sys-
tem and support to freight policy goals by con-
ducting heavy duty vehicle demonstration activities, 
and accelerating adoption of ITS applications in 
freight operations; and’’. 
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(c) AUTOMATED VEHICLE GOALS.—Section 514(a) 
of title 23, United States Code, is further amended by in-
serting the following at the end: 
‘‘(7) enabling and accelerating the development 
and deployment of automated vehicles in all modes 
of surface transportation.’’. 
SEC. 8106. ITS GENERAL AUTHORITIES AND REQUIRE-
MENTS. 
(a) AUTOMATED VEHICLES.—Section 515(a)(1) of 
title 23, United States Code, is amended to read as fol-
lows: 
‘‘(1) to research, develop and operationally test 
intelligent transportation systems, including auto-
mated vehicle systems; and’’. 
(b) TECHNICAL CORRECTION.—Section 515(h)(4) of 
title 23, United States Code, is amended— 
(1) by striking ‘‘February 1 of each year after 
the date of enactment of the Transportation Re-
search and Innovative Technology Act of 2012’’ and 
inserting ‘‘May 1 each year’’; and 
(2) by striking ‘‘submit to Congress’’ and insert 
‘‘make available to the public on a Department of 
Transportation web site’’. 
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SEC. 8107. ITS NATIONAL ARCHITECTURE AND STANDARDS. 
(a) IN GENERAL.—Section 517(a)(3) of title 23, 
United States Code, is amended to read as follows: 
‘‘(3) USE OF STANDARDS DEVELOPMENT ORGA-
NIZATIONS.—In carrying out this section, the Sec-
retary shall support the development and mainte-
nance of standards and protocols using the services 
of such standards development organizations as the 
Secretary determines to be necessary and whose 
memberships represent, but are not limited to, the 
surface transportation and intelligent transportation 
systems industries.’’. 
(b) TECHNICAL CORRECTION.—Section 517(b) of 
title 23, United States Code, is amended to read as fol-
lows: 
‘‘(b) STANDARDS FOR NATIONAL POLICY IMPLEMEN-
TATION.—If the Secretary finds that a standard is nec-
essary for implementation of a nationwide policy or other 
capability requiring nationwide uniformity, the Secretary, 
after consultation with stakeholders and in accordance 
with the requirements of section 553 of title 5, may estab-
lish and require the use of that standard.’’. 
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