S. 1732 (114th): Comprehensive Transportation and Consumer Protection Act of 2015

The text of the bill below is as of May 23, 2016 (Reported by Senate Committee).

Source: GPO

II

Calendar No. 478

114th CONGRESS

2d Session

S. 1732

IN THE SENATE OF THE UNITED STATES

July 9, 2015

(for himself, Mrs. Fischer, and Mr. Moran) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation

May 23, 2016

Reported by , with an amendment

Strike out all after the enacting clause and insert the part printed in italic

A BILL

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

1.

Short title; table of contents; references

(a)

Short title

This Act may be cited as the Comprehensive Transportation and Consumer Protection Act of 2015.

(b)

Table of contents

The table of contents of this Act is as follows:

Sec. 1. Short title; table of contents; references.

Sec. 2. Definition of Secretary.

TITLE I—Office of the Secretary

Subtitle A—Accelerating project delivery

Sec. 1101. Delegation of authority.

Sec. 1102. Infrastructure Permitting Improvement Center.

Sec. 1103. Accelerated decisionmaking in environmental reviews.

Sec. 1104. Environmental review alignment and reform.

Sec. 1105. Multimodal categorical exclusions.

Sec. 1106. Improving transparency in environmental reviews.

Subtitle B—Freight

Sec. 1201. Establishment of freight chapter.

Sec. 1202. National multimodal freight policy.

Sec. 1203. National multimodal freight network.

Sec. 1204. National Freight Strategic Plan.

Sec. 1205. State freight plans.

Sec. 1206. Freight investment grants.

Sec. 1207. Reports.

Sec. 1208. Repeals.

Sec. 1209. Savings provision.

Subtitle C—Research

Sec. 1301. Findings.

Sec. 1302. Modal research plans.

Sec. 1303. Consolidated research prospectus and strategic plan.

Sec. 1304. Research Ombudsman.

Sec. 1305. Smart cities transportation planning study.

Sec. 1306. Bureau of Transportation Statistics independence.

Sec. 1307. Conforming amendments.

Sec. 1308. Repeal of obsolete office.

Subtitle D—Port Performance Act

Sec. 1401. Short title.

Sec. 1402. Findings.

Sec. 1403. Port performance freight statistics program.

Sec. 1404. Monthly reports on performance at United States ports.

TITLE II—Commercial motor vehicle and driver programs

Subtitle A—Compliance, Safety, and Accountability Reform

Part I—Compliance, Safety, and Accountability

Sec. 2001. Correlation study.

Sec. 2002. Safety improvement metrics.

Sec. 2003. Data certification.

Sec. 2004. Data improvement.

Sec. 2005. Accident report information.

Sec. 2006. Post-accident report review.

Sec. 2007. Recognizing excellence in safety.

Sec. 2008. High risk carrier reviews.

Part II—Interim hiring standard

Sec. 2101. Definitions.

Sec. 2102. National hiring standards for motor carriers.

Sec. 2103. Applicability.

Subtitle B—Drug Free Commercial Driver Act of 2015

Sec. 2201. Short title.

Sec. 2202. Authorization of hair testing.

Sec. 2203. Exemption from mandatory urinalysis.

Sec. 2204. Guidelines for hair testing.

Sec. 2205. Annual report to Congress.

Subtitle C—Transparency and accountability

Sec. 2301. Rulemaking requirements.

Sec. 2302. Petitions for regulatory relief.

Sec. 2303. Inspector standards.

Sec. 2304. Technology improvements.

Subtitle D—Trucking rules updated by comprehensive and key safety reform

Sec. 2401. Update on statutory requirements.

Sec. 2402. Statutory rulemaking.

Sec. 2403. Guidance reform.

Sec. 2404. Petitions.

Sec. 2405. Regulatory reform.

Subtitle E—State authorities

Sec. 2501. Emergency route working group.

Sec. 2502. Additional State authority.

Sec. 2503. Commercial driver access.

Subtitle F—Motor carrier safety grant consolidation

Sec. 2601. Definitions.

Sec. 2602. Grants to States.

Sec. 2603. New entrant safety review program study.

Sec. 2604. Performance and registration information systems management.

Sec. 2605. Authorization of appropriations.

Sec. 2606. Commercial driver's license program implementation.

Sec. 2607. Extension of Federal motor carrier safety programs for fiscal year 2016.

Sec. 2608. Motor carrier safety assistance program allocation.

Sec. 2609. Maintenance of effort calculation.

Subtitle G—Miscellaneous provisions

Sec. 2701. Windshield technology.

Sec. 2702. Electronic logging devices requirements.

Sec. 2703. Lapse of required financial security; suspension of registration.

Sec. 2704. Access to National Driver Register.

Sec. 2705. Study on commercial motor vehicle driver commuting.

Sec. 2706. Household goods consumer protection working group.

TITLE III—Hazardous materials

Sec. 3101. Endorsements.

Sec. 3102. Enhanced reporting.

Sec. 3103. Hazardous material information.

Sec. 3104. Hazardous materials training requirements and grants.

Sec. 3105. National emergency and disaster response.

Sec. 3106. Authorization of appropriations.

TITLE IV—Highway and motor vehicle safety

Subtitle A—Highway traffic safety

Part I—Highway safety

Sec. 4101. Authorization of appropriations.

Sec. 4102. Highway safety programs.

Sec. 4103. Grants for alcohol-ignition interlock laws and 24–7 sobriety programs.

Sec. 4104. Study on the national roadside survey of alcohol and drug use by drivers.

Part II—Stop Motorcycle Checkpoint Funding Act

Sec. 4121. Short title.

Sec. 4122. Grant restriction.

Part III—Improving Driver Safety Act of 2015

Sec. 4131. Short title.

Sec. 4132. Distracted driving incentive grants.

Sec. 4133. Barriers to data collection report.

Part IV—Technical and conforming amendments

Sec. 4141. Technical corrections to the Motor Vehicle and Highway Safety Improvement Act of 2012.

Subtitle B—Vehicle safety

Sec. 4201. Authorization of appropriations.

Sec. 4202. Inspector General recommendations.

Sec. 4203. Improvements in availability of recall information.

Sec. 4204. Recall process.

Sec. 4205. Pilot grant program for State notification to consumers of motor vehicle recall status.

Sec. 4206. Recall obligations under bankruptcy.

Sec. 4207. Dealer requirement to check for open recall.

Sec. 4208. Extension of time period for remedy of tire defects.

Sec. 4209. Rental car safety.

Sec. 4210. Motor vehicle equipment.

Sec. 4211. Transfer to Highway Trust Fund of certain motor vehicle safety penalties.

Subtitle C—Research and development and vehicle electronics

Sec. 4301. Report on operations of the Council for Vehicle Electronics, Vehicle Software, and Emerging Technologies.

Sec. 4302. Cooperation with foreign governments.

Subtitle D—Miscellaneous provisions

Part I—Driver Privacy Act of 2015

Sec. 4401. Short title.

Sec. 4402. Limitations on data retrieval from vehicle event data recorders.

Sec. 4403. Vehicle event data recorder study.

Part II—Safety Through Informed Consumers Act of 2015

Sec. 4421. Short title.

Sec. 4422. Passenger motor vehicle information.

TITLE V—Railroad Reform, Enhancement, and Efficiency

Sec. 5001. Passenger transportation; definitions.

Subtitle A—Authorization of appropriations

Sec. 5101. Authorization of grants to Amtrak.

Sec. 5102. National infrastructure and safety investments.

Sec. 5103. Authorization of appropriations for National Transportation Safety Board rail investigations.

Sec. 5104. Authorization of appropriations for Amtrak Office of Inspector General.

Sec. 5105. National cooperative rail research program.

Subtitle B—Amtrak reform

Sec. 5201. Amtrak grant process.

Sec. 5202. 5-year business line and assets plans.

Sec. 5203. State-supported route committee.

Sec. 5204. Route and service planning decisions.

Sec. 5205. Competition.

Sec. 5206. Rolling stock purchases.

Sec. 5207. Food and beverage policy.

Sec. 5208. Local products and promotional events.

Sec. 5209. Right-of-way leveraging.

Sec. 5210. Station development.

Sec. 5211. Amtrak debt.

Sec. 5212. Amtrak pilot program for passengers transporting domesticated cats and dogs.

Sec. 5213. Amtrak board of directors.

Subtitle C—Intercity passenger rail policy

Sec. 5301. Competitive operating grants.

Sec. 5302. Federal-State partnership for state-of-good-repair.

Sec. 5303. Large capital project requirements.

Sec. 5304. Small business participation study.

Sec. 5305. Gulf coast rail service working group.

Sec. 5306. Integrated passenger rail working group.

Sec. 5307. Shared-use study.

Sec. 5308. Northeast Corridor Commission.

Sec. 5309. Northeast Corridor through-ticketing and procurement efficiencies.

Sec. 5310. Data and analysis.

Sec. 5311. Disaster relief.

Sec. 5312. Performance-based proposals.

Sec. 5313. Amtrak Inspector General.

Sec. 5314. Miscellaneous provisions.

Subtitle D—Rail safety

Part I—Safety improvement

Sec. 5401. Highway-rail grade crossing safety.

Sec. 5402. Confidential close call reporting system.

Sec. 5403. Speed limit action plans.

Sec. 5404. Signage.

Sec. 5405. Alerters.

Sec. 5406. Signal protection.

Sec. 5407. Technology implementation plans.

Sec. 5408. Commuter rail track inspections.

Sec. 5409. Emergency response.

Sec. 5410. Private highway-rail grade crossings.

Sec. 5411. Repair and replacement of damaged track inspection equipment.

Sec. 5412. Rail police officers.

Sec. 5413. Operation deep dive; report.

Sec. 5414. Post-accident assessment.

Sec. 5415. Technical and conforming amendments.

Part II—Consolidated rail infrastructure and safety improvements

Sec. 5421. Consolidated rail infrastructure and safety improvements.

Part III—Hazardous materials by rail safety and other safety enhancements

Sec. 5431. Real-time emergency response information.

Sec. 5432. Thermal blankets.

Sec. 5433. Comprehensive oil spill response plans.

Sec. 5434. Hazardous materials by rail liability study.

Sec. 5435. Study and testing of electronically controlled pneumatic brakes.

Sec. 5436. Recording devices.

Sec. 5437. Rail passenger transportation liability.

Sec. 5438. Modification reporting.

Part IV—Positive train control

Sec. 5441. Coordination of spectrum.

Sec. 5442. Updated plans.

Sec. 5443. Early adoption and interoperability.

Sec. 5444. Positive train control at grade crossings effectiveness study.

Subtitle E—Project delivery

Sec. 5501. Short title.

Sec. 5502. Preservation of public lands.

Sec. 5503. Efficient environmental reviews.

Sec. 5504. Advance acquisition.

Sec. 5505. Railroad rights-of-way.

Sec. 5506. Improving State and Federal agency engagement in environmental reviews.

Sec. 5507. Savings clause.

Sec. 5508. Transition.

Subtitle F—Financing

Sec. 5601. Short title; references.

Sec. 5602. Definitions.

Sec. 5603. Eligible applicants.

Sec. 5604. Eligible purposes.

Sec. 5605. Program administration.

Sec. 5606. Loan terms and repayment.

Sec. 5607. Credit risk premiums.

Sec. 5608. Master credit agreements.

Sec. 5609. Priorities and conditions.

Sec. 5610. Savings provision.

(c)

References to title 49, United States Code

Except as otherwise expressly provided, wherever in this Act an amendment or repeal is expressed in terms of an amendment to, or 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.

2.

Definition of Secretary

In this Act, except as otherwise expressly provided, the term Secretary means the Secretary of Transportation.

I

Office of the Secretary

A

Accelerating project delivery

1101.

Delegation of authority

(a)

In general

Chapter 1 is amended by adding at the end the following:

116.

Administrations; acting officers

(a)

In general

Notwithstanding section 3346(a)(2) of title 5, a person may serve as an acting officer for an administration in the Department of Transportation under section 3345 of that title for the 210-day period under section 3346(a)(1) of that title, which period may only be extended if a nomination for the office is received by the Senate. If the 210-day period under section 3346(a)(1) of title 5 expires before a nomination for the office is received by the Senate, the Secretary of Transportation, notwithstanding section 3345 or subsections (b) and (c) of section 3348 of that title, shall successively designate, until a nomination for the office is received by the Senate, another officer or employee within the administration concerned to perform the functions and duties of the office temporarily in an acting capacity for no longer than 210 days. This section is a statutory provision to which section 3347(a)(1) of title 5 applies.

(b)

Termination of authority

Any authority delegated to a person while serving as an acting officer under subsection (a) shall terminate effective on the date that a nomination for that office is confirmed by the Senate or the date that another acting officer for that office is designated by the Secretary, as required by subsection (a), whichever is sooner.

(c)

Extra pay prohibited

An officer or employee may not receive pay in addition to the pay for his or her regular office or employment for performing the functions and duties of an office temporarily under subsection (a).

.

(b)

Conforming amendment

The table of contents for chapter 1 is amended by inserting after the item relating to section 115 the following:

116. Administrations; acting officers.

.

(c)

Application

The amendment under subsection (a) shall apply to any applicable office with a position designated for a Senate confirmed official.

1102.

Infrastructure Permitting Improvement Center

(a)

In general

Subchapter I of chapter 3, as amended by sections 1104 and 1106 of this Act, is further amended by inserting after section 311 the following:

312.

Interagency Infrastructure Permitting Improvement Center

(a)

In general

There is established in the Office of the Secretary an Interagency Infrastructure Permitting Improvement Center (referred to in this section as the Center).

(b)

Roles and responsibilities

(1)

Governance

The Center shall report to the chair of the Steering Committee described in paragraph (2) to ensure that the perspectives of all member agencies are represented.

(2)

Infrastructure permitting steering committee

An Infrastructure Permitting Steering Committee (referred to in this section as the Steering Committee) is established to oversee the work of the Center. The Steering Committee shall be chaired by the Federal Chief Performance Officer in consultation with the Chair of the Council on Environmental Quality and shall be comprised of Deputy-level representatives from the following departments and agencies:

(A)

The Department of Defense.

(B)

The Department of the Interior.

(C)

The Department of Agriculture.

(D)

The Department of Commerce.

(E)

The Department of Transportation.

(F)

The Department of Energy.

(G)

The Department of Homeland Security.

(H)

The Environmental Protection Agency.

(I)

The Advisory Council on Historic Preservation.

(J)

The Department of the Army.

(K)

The Department of Housing and Urban Development.

(L)

Other agencies the Chair of the Steering Committee invites to participate.

(3)

Activities

The Center shall support the Chair of the Steering Committee and undertake the following:

(A)

Coordinate and support implementation of priority reform actions for Federal agency permitting and reviews for areas as defined and identified by the Steering Committee.

(B)

Support modernization efforts at Federal agencies and interagency pilots for innovative approaches to the permitting and review of infrastructure projects.

(C)

Provide technical assistance and training to field and headquarters staff of Federal agencies on policy changes, innovative approaches to project delivery, and other topics as appropriate.

(D)

Identify, develop, and track metrics for timeliness of permit reviews, permit decisions, and project outcomes.

(E)

Administer and expand the use of online transparency tools providing for—

(i)

tracking and reporting of metrics;

(ii)

development and posting of schedules for permit reviews and permit decisions; and

(iii)

sharing of best practices related to efficient project permitting and reviews.

(F)

Provide reporting to the President on progress toward achieving greater efficiency in permitting decisions and review of infrastructure projects and progress toward achieving better outcomes for communities and the environment.

(4)

Infrastructure sectors covered

The Center shall support process improvements in the permitting and review of projects in the following sectors:

(A)

Surface transportation.

(B)

Aviation.

(C)

Ports and waterways.

(D)

Water resource projects.

(E)

Renewable energy generation.

(F)

Electricity transmission.

(G)

Broadband.

(H)

Pipelines.

(I)

Other sectors, as determined by the Steering Committee.

.

(b)

Conforming amendment

The table of contents of chapter 3, as amended by sections 1104 and 1106 of this Act, is further amended by inserting after the item relating to section 311 the following:

312. Interagency Infrastructure Permitting Improvement Center.

.

1103.

Accelerated decisionmaking in environmental reviews

(a)

In general

Subchapter I of chapter 3 is amended by inserting after section 304 the following:

304a.

Accelerated decisionmaking in environmental reviews

(a)

In general

In preparing a final environmental impact statement under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), if the Department of Transportation, when acting as lead agency, modifies the statement in response to comments that are minor and are confined to factual corrections or explanations of why the comments do not warrant additional Departmental response, the Department may write on errata sheets attached to the statement instead of rewriting the draft statement, subject to the condition that the errata sheets—

(1)

cite the sources, authorities, or reasons that support the position of the Department; and

(2)

if appropriate, indicate the circumstances that would trigger Departmental reappraisal or further response.

(b)

Incorporation

To the maximum extent practicable, the Department shall expeditiously develop a single document that consists of a final environmental impact statement and a record of decision, unless—

(1)

the final environmental impact statement makes substantial changes to the proposed action that are relevant to environmental or safety concerns; or

(2)

there are significant new circumstances or information relevant to environmental concerns and that bear on the proposed action or the impacts of the proposed action.

.

(b)

Conforming amendment

The table of contents of chapter 3 is amended by inserting after the item relating to section 304 the following:

304a. Accelerated decisionmaking in environmental reviews.

.

1104.

Environmental review alignment and reform

(a)

In general

Subchapter I of chapter 3 is amended by inserting after section 309 the following:

310.

Aligning Federal environmental reviews

(a)

Coordinated and concurrent environmental reviews

Not later than 1 year after the date of enactment of the Comprehensive Transportation and Consumer Protection Act of 2015, the Department of Transportation, in coordination with the Steering Committee described in section 312 of this title, shall develop a coordinated and concurrent environmental review and permitting process for transportation projects when initiating an environmental impact statement under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) (referred to in this section as NEPA). The coordinated and concurrent environmental review and permitting process shall—

(1)

ensure that the Department of Transportation and Federal agencies of jurisdiction possess sufficient information early in the review process to determine a statement of a transportation project’s purpose and need and range of alternatives for analysis that the lead agency and agencies of jurisdiction will rely upon for concurrent environmental reviews and permitting decisions required for the proposed project;

(2)

achieve early concurrence or issue resolution during the NEPA scoping process on the Department of Transportation’s statement of a project’s purpose and need and during development of the environmental impact statement on the range of alternatives for analysis that the lead agency and agencies of jurisdiction will rely upon for concurrent environmental reviews and permitting decisions required for the proposed project absent circumstances that require reconsideration in order to meet an agency of jurisdiction’s legal obligations; and

(3)

achieve concurrence or issue resolution in an expedited manner if circumstances arise that require a reconsideration of the purpose and need or range of alternatives considered during any Federal agency’s environmental or permitting review in order to meet an agency of jurisdiction’s legal obligations.

(b)

Environmental checklist

The Secretary of Transportation and Federal agencies of jurisdiction likely to have substantive review or approval responsibilities on transportation projects, not later than 90 days after the date of enactment of the Comprehensive Transportation and Consumer Protection Act of 2015, shall jointly develop a checklist to help project sponsors identify potential natural, cultural, and historic resources in the area of a proposed project. The purpose of the checklist is—

(1)

to identify agencies of jurisdiction and cooperating agencies;

(2)

to develop the information needed for the purpose and need and alternatives for analysis; and

(3)

to improve interagency collaboration to help expedite the permitting process for the lead agency and Federal agencies of jurisdiction.

(c)

Interagency collaboration

Consistent with Federal environmental statutes and the priority reform actions for Federal agency permitting and reviews defined and identified by the Steering Committee established under section 312, the Secretary shall facilitate annual interagency collaboration sessions at the appropriate jurisdictional level to coordinate business plans and facilitate coordination of workload planning and workforce management. This engagement shall ensure agency staff is fully engaged and utilizing the flexibility of existing regulations, policies, and guidance and identifying additional actions to facilitate high quality, efficient, and targeted environmental reviews and permitting decisions. The sessions and the interagency collaborations they generate shall focus on how to work with State and local transportation entities to improve project planning, siting, and application quality and how to consult and coordinate with relevant stakeholders and Federal, tribal, State, and local representatives early in permitting processes.

(d)

Performance measurement

Not later than 1 year after the date of enactment of the Comprehensive Transportation and Consumer Protection Act of 2015, the Secretary of Transportation, in coordination with the Steering Committee established under section 312, shall establish a program to measure and report on progress towards aligning Federal reviews as outlined in this section.

.

(b)

Conforming amendment

The table of contents of subchapter I of chapter 3 is amended by inserting after the item relating to section 309 the following:

310. Aligning Federal environmental reviews.

.

1105.

Multimodal categorical exclusions

Section 304 is amended—

(1)

in subsection (a)—

(A)

in paragraph (1)—

(i)

by striking operating authority and inserting operating administration or secretarial office;

(ii)

by inserting has expertise but before is not the lead; and

(iii)

by inserting proposed multimodal before project;

(B)

by amending paragraph (2) to read as follows:

(2)

Lead authority

The term lead authority means a Department of Transportation operating administration or secretarial office that has the lead responsibility for a proposed multimodal project.

; and

(C)

in paragraph (3), by striking has the meaning given the term in section 139(a) of title 23 and inserting means an action by the Department of Transportation that involves expertise of 1 or more Department of Transportation operating administrations or secretarial offices;

(2)

in subsection (b), by striking under this title and inserting by the Secretary of Transportation;

(3)

in subsection (c)—

(A)

in the matter preceding paragraph (1)—

(i)

by striking a categorical exclusion designated under the implementing regulations or and inserting categorical exclusions designated under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) implementing; and

(ii)

by striking other components of the and inserting a proposed multimodal;

(B)

by amending paragraphs (1) and (2) to read as follows:

(1)

the lead authority makes a preliminary determination on the applicability of a categorical exclusion to a proposed multimodal project and notifies the cooperating authority of its intent to apply the cooperating authority categorical exclusion;

(2)

the cooperating authority does not object to the lead authority’s preliminary determination of its applicability;

;

(C)

in paragraph (3)—

(i)

by inserting the lead authority determines that before the component of; and

(ii)

by inserting proposed multimodal before project to be covered; and

(D)

by amending paragraph (4) to read as follows:

(4)

the lead authority, with the concurrence of the cooperating authority—

(A)

follows implementing regulations or procedures under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);

(B)

determines that the proposed multimodal project does not individually or cumulatively have a significant impact on the environment; and

(C)

determines that extraordinary circumstances do not exist that merit additional analysis and documentation in an environmental impact statement or environmental assessment required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

; and

(4)

by amending subsection (d) to read as follows:

(d)

Cooperating authority expertise

A cooperating authority shall provide expertise to the lead authority on aspects of the multimodal project in which the cooperating authority has expertise.

.

1106.

Improving transparency in environmental reviews

(a)

In general

Subchapter I of chapter 3, as amended by section 1104 of this Act, is further amended by inserting after section 310 the following:

311.

Improving transparency in environmental reviews

(a)

In general

Not later than 2 years after the date of enactment of the Comprehensive Transportation and Consumer Protection Act of 2015, the Secretary of Transportation shall establish an online platform and, in coordination with Federal agencies described in subsection (b), issue reporting standards to make publicly available the status and progress with respect to compliance with applicable requirements under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and any other Federal approval required under applicable laws for projects and activities requiring an environmental assessment or an environmental impact statement.

(b)

Federal agency participation

A Federal agency of jurisdiction over an approval required for a project under applicable laws shall provide information regarding the status and progress of the approval to the online platform, consistent with the standards established under subsection (a).

(c)

Assignment of responsibilities

An entity with assigned authority for responsibilities under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), under section 326 or section 327 of title 23 shall be responsible for supplying project development and compliance status for all applicable projects.

.

(b)

Conforming amendment

The table of contents of subchapter I of chapter 3, as amended by section 1104 of this Act, is further amended by inserting after the item relating to section 310, the following:

311. Improving transparency in environmental reviews.

.

B

Freight

1201.

Establishment of freight chapter

(a)

Sense of Congress

It is the sense of Congress that—

(1)

freight policy and planning should incorporate the many modes of transportation that move goods;

(2)

the Secretary of Transportation should oversee and facilitate multimodal freight planning efforts;

(3)

the Under Secretary for Policy of the Department of Transportation should serve as the primary coordinator of multimodal planning efforts;

(4)

efficient and reliable freight infrastructure is critical to our Nation’s economy and international competitiveness;

(5)

the Nation’s limited Federal discretionary infrastructure funding resources should be focused on freight infrastructure; and

(6)

as such, the sole discretionary national infrastructure investment grant program annually appropriated without authorization, should be reformed and refocused into the Freight Investment Grant program.

(b)

Freight

Subtitle III is amended by inserting after chapter 53 the following:

54

Freight

Sec.

5401. Definitions.

5402. National multimodal freight policy.

5403. National multimodal freight network.

5404. National Freight Strategic Plan.

5405. State freight plans.

5406. Freight investment grants.

5407. Reports.

5401.

Definitions

In this chapter:

(1)

Economic competitiveness

The term economic competitiveness means the ability of the economy to efficiently move freight and people, produce goods, and deliver services, including—

(A)

reductions in the travel time of freight;

(B)

reductions in the congestion caused by the movement of freight;

(C)

improvements to freight travel time reliability; and

(D)

reductions in freight transportation costs due to congestion and insufficient infrastructure.

(2)

Freight

The term freight means the commercial transportation of cargo, including agricultural, manufactured, retail, or other goods by vessel, vehicle, pipeline, or rail.

(3)

Freight transportation modes

The term freight transportation modes means—

(A)

the infrastructure supporting any mode of transportation that moves freight, including highways, ports, waterways, rail facilities, and pipelines; and

(B)

any vehicles or equipment transporting goods on such infrastructure.

(4)

Intelligent freight transportation system

The term intelligent freight transportation system means—

(A)

an innovative or intelligent technological transportation system, infrastructure, or facilities, including electronic roads, driverless trucks, elevated freight transportation facilities, automated port technologies, and other similar freight transportation systems; and

(B)

communications or information processing systems used singly or in combination for intelligent freight lanes and conveyances that improve the efficiency, security, or safety of the freight system or that operate to convey freight or improve existing freight movements.

(5)

National multimodal freight network

The term national multimodal freight network means the network established under section 5403.

(6)

National multimodal freight strategic plan

The term national multimodal freight strategic plan means the strategic plan developed under section 5404.

(7)

Secretary

The term Secretary means the Secretary of Transportation.

(8)

State

The term State means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, Guam, American Samoa, and the United States Virgin Islands.

.

1202.

National multimodal freight policy

Subtitle III, as amended by section 1201 of this Act, is further amended by adding after section 5401 the following:

5402.

National multimodal freight policy

(a)

Policy

It is the policy of the United States—

(1)

to support investment to maintain and improve the condition and performance of the national multimodal freight network;

(2)

to ensure that the United States maximizes its competitiveness in the global economy by increasing the overall productivity and connectivity of the national freight system; and

(3)

to pursue the goals described in subsection (b).

(b)

Goals

The national multimodal freight policy has the following goals:

(1)

To enhance the economic competitiveness of the United States by investing in infrastructure improvements and implementing operational improvements on the freight network of the United States that achieve 1 or more of the following:

(A)

Strengthen the contribution of the national freight network to the economic competitiveness of the United States.

(B)

Reduce congestion and relieve bottlenecks in the freight transportation system.

(C)

Reduce the cost of freight transportation.

(D)

Improve the reliability of freight transportation.

(E)

Increase productivity, particularly for domestic industries and businesses that create jobs.

(2)

To improve the safety, security, efficiency, and resiliency of freight transportation in rural and urban areas.

(3)

To improve the condition of the national freight network.

(4)

To use advanced technology to improve the safety and efficiency of the national freight network.

(5)

To incorporate concepts of performance, innovation, competition, and accountability into the operation and maintenance of the national freight network.

(6)

To improve the efficiency and productivity of the national freight network.

(7)

To pursue these goals in a manner that is not burdensome to State and local governments.

(c)

Strategies

The United States may achieve the goals set forth in subsection (b) by—

(1)

providing funding to maintain and improve freight infrastructure facilities;

(2)

implementing appropriate safety, environmental, energy and other transportation policies;

(3)

utilizing advanced technology and innovation;

(4)

promoting workforce development; and

(5)

using performance management activities.

(d)

Implementation

The Under Secretary for Policy, who shall be responsible for the oversight and implementation of the national multimodal freight policy, shall—

(1)

assist with the coordination of modal freight planning;

(2)

ensure consistent, expedited review of multimodal freight projects;

(3)

review the project planning and approval processes at each modal administration to identify modeling and metric inconsistencies, approvals, and terminology differences that could hamper multimodal project approval;

(4)

identify interagency data sharing opportunities to promote freight planning and coordination;

(5)

identify multimodal efforts and connections;

(6)

designate the lead agency for multimodal freight projects;

(7)

develop recommendations for State incentives for multi-modal planning efforts, which may include—

(A)

reducing the State cost share; or

(B)

expediting the review of agreements for multimodal or freight specific projects;

(8)

consider opportunities to reduce project delays by issuing categorical exclusions or allowing self-certifications of right-of-way acquisitions for freight projects; and

(9)

submit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives that identifies required reports, statutory requirements, and other limitations on efficient freight project delivery that could be streamlined or consolidated.

.

1203.

National multimodal freight network

Subtitle III as amended by section 1202 of this Act, is further amended by adding after section 5402 the following:

5403.

National multimodal freight network

(a)

In general

The Secretary shall establish a national freight network, in accordance with this section—

(1)

to assist States in strategically directing resources toward improved system performance for the efficient movement of freight on transportation networks;

(2)

to inform freight transportation planning;

(3)

to assist in the prioritization of Federal investment; and

(4)

to assess and support Federal investments to achieve the national multimodal freight policy goals described in section 5402(b).

(b)

Network components

The national multimodal freight network established under this section shall consist of all connectors, corridors, and facilities in all freight transportation modes that are the most critical to the current and future movement of freight to achieve the national multimodal freight policy goals described in section 5402(b).

(c)

Initial designation of primary freight system

(1)

In general

Not later than 1 year after the date of enactment of the Comprehensive Transportation and Consumer Protection Act of 2015, the Secretary, after soliciting input from stakeholders, including multimodal freight system users, transport providers, metropolitan planning organizations, local governments, ports, airports, railroads, and States, through a public process to identify critical freight facilities and corridors that are vital to achieve the national multimodal freight policy goals described in section 5402(b), and after providing notice and opportunity for comment on a draft system, shall designate a primary freight system with the goal of—

(A)

improving network and intermodal connectivity; and

(B)

using measurable data as part of the assessment of the significance of freight movement, including the consideration of points of origin, destination, and linking components of domestic and international supply chains.

(2)

Factors

In designating or redesignating a primary freight system, the Secretary shall consider—

(A)

origins and destinations of freight movement within, to, and from the United States;

(B)

volume, value, tonnage, and the strategic importance of freight;

(C)

access to border crossings, airports, seaports, and pipelines;

(D)

economic factors, including balance of trade;

(E)

access to major areas for manufacturing, agriculture, or natural resources;

(F)

access to energy exploration, development, installation, and production areas;

(G)

intermodal links and intersections that promote connectivity;

(H)

freight choke points and other impediments contributing to significant measurable congestion, delay in freight movement, or inefficient modal connections;

(I)

impacts on all freight transportation modes and modes that share significant freight infrastructure;

(J)

elements and transportation corridors identified by a multi-State coalition, a State, a State advisory committee, or a metropolitan planning organization, using national or local data, as having critical freight importance to the region;

(K)

intermodal connectors, major distribution centers, inland intermodal facilities, and first- and last-mile facilities;

(L)

the annual average daily truck traffic on principal arterials; and

(M)

the significance of goods movement, including consideration of global and domestic supply chains.

(3)

Requirements for designation

A designation may be made under this subsection if the freight transportation facility or infrastructure being considered—

(A)

is in an urbanized area, regardless of population;

(B)

has been designated under subsection (e) as a critical rural freight corridor;

(C)

connects an intermodal facility to—

(i)

the primary freight network; or

(ii)

an intermodal freight facility;

(D)
(i)

is located within a corridor of a route on the primary freight network; and

(ii)

provides an alternative option important to goods movement;

(E)

serves a major freight generator, logistic center, agricultural region, or manufacturing or warehouse industrial land; or

(F)

is important to the movement of freight within a State or metropolitan region, as determined by the State or the metropolitan planning organization.

(d)

Redesignation of primary freight system

(1)

In general

Beginning on the date that is 5 years after the initial designation under subsection (c), and every 5 years thereafter, the Secretary, using the designation factors described in subsection (c)(3), shall redesignate the primary freight system.

(2)

Considerations

In redesignating the primary freight system under paragraph (1), the Secretary shall—

(A)

use, to the extent practicable, measurable data to assess the significance of goods movement, including the consideration of points of origin, destination, and linking components of the United States global and domestic supply chains;

(B)

consider—

(i)

the factors described in subsection (c)(2); and

(ii)

any changes in the economy or freight transportation network demand; and

(C)

provide the States with an opportunity to submit proposed designations in accordance with paragraph (3).

(3)

State input

(A)

In general

Each State that proposes increased designations on the primary freight system shall—

(i)

consider nominations for additional designations from metropolitan planning organizations within the State;

(ii)

consider nominations for the additional designations from owners and operators of port, rail, pipeline, and airport facilities; and

(iii)

ensure that additional designations are consistent with the State Transportation Improvement Program or freight plan.

(B)

Revisions

States may revise routes certified under section 4006 of the Intermodal Surface Transportation Efficiency Act of 1991 (Public Law 102–240; 105 Stat. 2148) to conform with the designated freight system under this section.

(C)

Submission and certification

Each State shall submit to the Secretary—

(i)

a list of the additional designations added under this subsection; and

(ii)

certification that—

(I)

the State has satisfied the requirements under subparagraph (A); and

(II)

the designations referred to in clause (i) address the factors for redesignation described in subsection (c)(3).

(e)

Critical rural freight corridors

A State may designate freight transportation infrastructure or facilities within the borders of the State as a critical rural freight corridor if the public road or facility—

(1)

is a rural principal arterial roadway or facility;

(2)

provides access or service to energy exploration, development, installation, or production areas;

(3)

provides access or service to—

(A)

a grain elevator;

(B)

an agricultural facility;

(C)

a mining facility;

(D)

a forestry facility; or

(E)

an intermodal facility;

(4)

connects to an international port of entry;

(5)

provides access to significant air, rail, water, or other freight facilities in the State; or

(6)

has been determined by the State to be vital to improving the efficient movement of freight of importance to the economy of the State.

.

1204.

National Freight Strategic Plan

Subtitle III as amended by section 1203 of this Act, is further amended by adding after section 5403 the following:

5404.

National Freight Strategic Plan

(a)

Initial development of National Freight Strategic Plan

Not later than 3 years after the date of enactment of the Comprehensive Transportation and Consumer Protection Act of 2015, the Secretary, in consultation with State departments of transportation, metropolitan planning organizations, and other appropriate public and private transportation stakeholders, shall develop, and after providing notice and an opportunity for comment on a draft national freight strategic plan, post on the public website of the Department of Transportation, a national freight strategic plan that—

(1)

provides an assessment of the condition and performance of the national freight network;

(2)

identifies any bottlenecks on the national freight network that create significant freight congestion based on a quantitative methodology developed by the Secretary, which shall include—

(A)

information from the Freight Analysis Framework of the Federal Highway Administration; and

(B)

to the maximum extent practicable—

(i)

an estimate of the cost of addressing each bottleneck; and

(ii)

any operational improvements that could be implemented to address each bottleneck;

(3)

includes forecasts of freight volumes, based on the most recent data available, for the 5-year period beginning in the year during which the plan is issued;

(4)

identifies major trade gateways and national freight corridors that connect major economic corridors, population centers, trade gateways, and other major freight generators for current and forecasted traffic and freight volumes;

(5)

provides an assessment of statutory, regulatory, technological, institutional, financial, and other barriers to improved freight transportation performance, including opportunities for overcoming such barriers;

(6)

identifies—

(A)

routes for providing access to energy exploration, development, installation, or production areas; and

(B)

routes for providing access to major areas for manufacturing, agriculture, or natural resources;

(7)

includes best practices for—

(A)

improving the performance of the national freight network; and

(B)

improving urban and rural access to critical freight corridors;

(8)

includes a process for—

(A)

addressing multistate projects; and

(B)

encouraging jurisdictions to collaborate on multistate projects;

(9)

identifies—

(A)

locations or areas with high crash rates or congestion involving freight traffic; and

(B)

strategies to address such issues; and

(10)

includes strategies to improve freight intermodal connectivity.

(b)

Updates to National Freight Strategic Plan

Not later than 5 years after the date of completion of the first national freight strategic plan under paragraph (1) and every 5 years thereafter, the Secretary shall update and repost on the public website of the Department of Transportation a revised national freight strategic plan, which shall include a revision of the major trade gateways and national freight corridors identified under subsection (a)(4).

(c)

Transportation investment data and planning tools

(1)

In general

Not later than 1 year after the date of enactment of the Comprehensive Transportation and Consumer Protection Act of 2015, the Secretary shall—

(A)

begin developing new tools and improving existing tools to support State-based outcome-oriented, performance-based approaches to evaluate proposed freight-related and other transportation projects, including—

(i)

methodologies for systematic analysis of benefits and costs on a national and regional basis;

(ii)

tools for ensuring that the evaluation of freight-related and other transportation projects could consider safety, economic competitiveness, urban and rural access, and system condition in the project selection process;

(iii)

improved methods for data collection and trend analysis;

(iv)

encouragement of public-private partnerships to carry out data sharing activities and maintaining the confidentiality of all proprietary data; and

(v)

other tools to assist in effective transportation planning;

(B)

identify transportation-related model data elements to support a broad range of evaluation methods and techniques to assist in making transportation investment decisions; and

(C)

consider, in consultation with other relevant Federal agencies, any improvements to existing freight flow data collection efforts that could—

(i)

reduce identified freight data gaps and deficiencies; and

(ii)

help to improve forecasts of freight transportation demand.

(2)

Consultation

The Secretary shall consult with other Federal agencies, State governments, and other stakeholders to develop, improve, and implement the tools and collect the data described in paragraph (1).

.

1205.

State freight plans

Subtitle III as amended by section 1204 of this Act, is further amended by adding after section 5404 the following:

5405.

State freight plans

(a)

State freight advisory committees

(1)

In general

Each State may establish a freight advisory committee, which should consist of a representative cross-section of public and private sector freight stakeholders, including representatives of ports, shippers, carriers, freight-related associations, the freight industry workforce, the State transportation department, and local governments.

(2)

Role of committee

A freight advisory committee described in paragraph (1) may—

(A)

advise the State on freight-related priorities, issues, projects, and funding needs;

(B)

serve as a forum for discussion for State transportation decisions affecting freight mobility;

(C)

communicate and coordinate with other organizations regarding regional priorities; and

(D)

promote the sharing of information between the private and public sectors on freight issues.

(b)

State freight plans

(1)

In general

Each State may develop a freight plan, or integrate such planning into other transportation planning documents, that provides a comprehensive plan for the immediate and long-range planning activities and investments of the State with respect to freight.

(2)

Plan contents

A freight plan described in paragraph (1) should—

(A)

identify significant freight system trends, needs, and issues with respect to the State;

(B)

describe the freight policies, strategies, and performance measures that will guide the freight-related transportation investment decisions of the State;

(C)

include, if applicable, a listing of critical rural and urban freight corridors designated within the State under this chapter;

(D)

describe how the plan will improve the ability of the State to meet the national freight goals established under section 5402(b);

(E)

include evidence of consideration of innovative technologies and operational strategies, including intelligent transportation systems, that improve the safety and efficiency of freight movement;

(F)

include—

(i)

an inventory of facilities within the State with freight mobility issues, such as freight bottlenecks; and

(ii)

a description of the strategies the State is employing to address such freight mobility issues;

(G)

consider—

(i)

any significant congestion or delay caused by freight movements; and

(ii)

any strategies to mitigate such congestion or delay; and

(H)

include, subject to paragraph (3), a freight investment plan that—

(i)

includes a list of priority projects; and

(ii)

describes how funds made available to carry out this chapter would be invested and matched.

(3)

Relationship to long-range plan

The freight investment plan component described in paragraph (2)(H) shall include a project, or an identified phase of a project, only if funding for completion of the project can reasonably be anticipated to be available for the project within the time period identified in the freight investment plan. Unfunded project plans should be included in a separate section.

(4)

Planning period

The freight plan shall address a 5-year forecast period.

(5)

Updates

(A)

In general

A State may update the freight plan under this subsection not less frequently than once every 5 years.

(B)

Freight investment plan

A State may update the freight investment plan more frequently than is required under subparagraph (A).

(c)

Intelligent freight transportation system

(1)

Location

An intelligent freight transportation system shall be located—

(A)
(i)

along freight corridors; or

(ii)

in a manner that connects ports-of-entry to the freight network; and

(B)

in proximity to, or within, an existing right-of-way or existing freight right-of-way.

(2)

Operating standards

The Secretary shall determine the need for establishing operating standards for intelligent freight transportation systems.

.

1206.

Freight investment grants

Subtitle III as amended by section 1205 of this Act, is further amended by adding after section 5405 the following:

5406.

Freight investment grants

(a)

Establishment

The Secretary shall establish and implement a freight investment grant program for capital investments in major freight transportation infrastructure projects to improve the movement of goods through the transportation network of the United States.

(b)

Applications

(1)

In general

An eligible applicant seeking a grant under this section shall submit an application to the Secretary in such form as the Secretary prescribes and containing the data described in paragraph (2) and the total amount of the grant requested.

(2)

Contents

Each application submitted under this subsection shall include, to the extent practicable, available data on the most recent system performance and estimated system improvements that will result from completion of the eligible project, including projections for improvements 5 and 10 years after completion of the project.

(3)

Accountability measures

The Secretary shall establish accountability measures for the management of the Freight Investment Grant Program—

(A)

to establish clear procedures for addressing late-arriving applications;

(B)

to publicly communicate its decisions to accept or reject applications described in subparagraph (A); and

(C)

to document and approve major decisions in the application evaluation and project selection process through a decision memorandum or similar mechanism that provides a clear rationale for decisions—

(i)

to advance for senior review applications other than those rated as highly recommended;

(ii)

to not advance applications rated as highly recommended; and

(iii)

to change the technical evaluation rating of an application.

(4)

Resubmission of applications

An eligible applicant whose project is not selected under this section may resubmit an application with an addendum identifying any project updates in a subsequent solicitation.

(c)

Criteria for project evaluation and selection

(1)

In general

The Administrator may select a project for funding under this section only if the Administrator determines that the project—

(A)

is consistent with the goals described in section 5402(b);

(B)

will significantly improve the national or regional performance of the freight transportation network;

(C)

is based on the results of preliminary engineering;

(D)

is consistent with the long-range statewide transportation plan;

(E)

cannot be readily and efficiently completed without Federal financial assistance;

(F)

is justified based on the ability of the project—

(i)

to generate national economic benefits that reasonably exceed the costs of the project;

(ii)

to reduce long-term congestion, including impacts on a regional and statewide basis; or

(iii)

to increase the speed, reliability, and accessibility of the movement of freight; and

(G)

is supported by a sufficient amount of non-Federal funding, including evidence of stable and dependable financing to construct, maintain, and operate the infrastructure facility.

(2)

Additional considerations

In evaluating a project under this section, in addition to the criteria described in paragraph (1), the Secretary shall consider the extent to which the project—

(A)

leverages Federal investment by encouraging non-Federal contributions to the project, including contributions from public-private partnerships;

(B)

is able to begin construction by the date that is not later than 12 months after the date on which the project is selected;

(C)

incorporates innovative project delivery and financing to the maximum extent practicable;

(D)

improves freight facilities vital to agricultural or national energy security;

(E)

improves or upgrades current or designated future Interstate System routes;

(F)

uses innovative technologies, including intelligent transportation systems, that enhance the efficiency of the project;

(G)

helps to improve mobility and accessibility; and

(H)

improves transportation safety, including reducing transportation accident and serious injuries and fatalities.

(d)

Geographic distribution

In awarding grants under this section, the Secretary shall take measures to ensure, to the maximum extent practicable—

(1)

an equitable geographic distribution of amounts; and

(2)

an appropriate balance in addressing the needs of rural and urban communities.

(e)

Eligible projects

(1)

In general

A project is eligible for a grant under this section if the project—

(A)

is difficult to complete with existing Federal, State, local, and private funds;

(B)
(i)

enhances the economic competitiveness of the United States; or

(ii)

improves the flow of freight or reduces bottlenecks in our Nation’s freight infrastructure; and

(C)

will advance 1 or more of the following objectives:

(i)

Generate regional or national economic benefits and an increase in the global economic competitiveness of the United States.

(ii)

Improve transportation resources vital to agriculture or national energy security.

(iii)

Improve the efficiency, reliability, and affordability of the movement of freight.

(iv)

Improve existing freight infrastructure projects.

(v)

Improve the movement of people by improving rural and metropolitan freight routes.

(2)

Examples

Eligible projects for grant funding under this section shall include—

(A)

a freight intermodal facility, including—

(i)

an intermodal facility serving a seaport;

(ii)

an intermodal or cargo access facility serving an airport;

(iii)

an intermodal facility serving a port on the inland waterways;

(iv)

a bulk intermodal/transload facility; or

(v)

a highway/rail intermodal facility;

(B)

highway or bridge projects eligible under title 23;

(C)

public transportation projects that reduce congestion on freight corridors and are eligible under chapter 53;

(D)

freight rail transportation projects (including rail-grade separations); and

(E)

port infrastructure investments (including inland port infrastructure).

(f)

Eligible applicants

An applicant is eligible to receive a grant under this section if the applicant is—

(1)

a State or a group of States;

(2)

a local government or a group of local governments;

(3)

a tribal government or a group of tribal governments;

(4)

a transit agency or a group of transit agencies;

(5)

a special purpose district or a public authority with a transportation function;

(6)

a port authority;

(7)

a political subdivision of a State or local government;

(8)

a Federal land management agency, which is applying jointly with a State; or

(9)

a multistate or multijurisdictional group of entities described in any of paragraphs (1) through (8).

(g)

Requirements

(1)

Competitive grants

The Secretary shall distribute amounts appropriated for grants under this section to States, local governments, transit agencies, or a collaboration among such entities on a competitive basis for projects that will have a significant impact on freight movement.

(2)

Considerations

In selecting projects to receive grant funding under this section, the Secretary shall—

(A)

consider—

(i)

projected freight volumes; and

(ii)

how projects will enhance economic efficiency, productivity, and competitiveness; and

(B)

give priority to projects dedicated to—

(i)

improving freight infrastructure facilities;

(ii)

reducing travel time for freight projects; and

(iii)

reducing freight transportation costs.

(3)

Equitable distribution of funds

In distributing funding for grants under this section, the Secretary shall take such measures to ensure—

(A)

an equitable geographic distribution of funds;

(B)

an appropriate balance in addressing the needs of urban and rural areas; and

(C)

the investment in a variety of transportation modes.

(4)

Amount

(A)

In general

Except as provided under subparagraph (B)(i), a grant under this heading shall be not less than $10,000,000 and not greater than $100,000,000.

(B)

Projects in rural areas

If a grant awarded under this section is for a project located in a rural area—

(i)

the amount of the grant shall be at least $1,000,000; and

(ii)

the Secretary may increase the Federal share of costs to greater than 80 percent.

(5)

Federal share

Except as provided under paragraph (4)(B)(ii), the Federal share of the costs for a project receiving a grant under this section shall be up to 80 percent.

(6)

Priority

The Secretary shall give priority to projects that require a contribution of Federal funds in order to complete an overall financing package.

(7)

Rural areas

Not less than 25 percent of the funding provided under this section shall be for projects located in rural areas.

(8)

New competition

The Secretary shall conduct a new competition to select the grants and credit assistance awarded under this section.

(9)

Congressional notification

Not later than 72 hours before public notification of a grant awarded under this section, the Secretary shall notify the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Environment and Public Works of the Senate, the Committee on Banking, Housing, and Urban Affairs of the Senate, the Committee on Appropriations of the Senate, the Committee on Transportation and Infrastructure of the House of Representatives, and the Committee on Appropriations of the House of Representatives of such award.

(h)

TIFIA and RRIF programs

On the request of an eligible entity under this section, the Secretary may use amounts awarded to the entity to pay subsidy and administrative costs necessary to provide the entity Federal credit assistance under section 6 of title 23 or section 822 of title 45 with respect to the project for which the grant was awarded.

(i)

Authorization of appropriations

(1)

In general

There is authorized to be appropriated from the general fund of the Treasury, $500,000,000 for each of the fiscal years 2016 through 2021 to carry out this section.

(2)

Administrative and oversight costs

The Secretary may retain up to 0.5 percent of the amounts appropriated pursuant to paragraph (1)—

(A)

to administer the freight investment grant program; and

(B)

to oversee eligible projects funded under this section.

(3)

Administration of funds

Amounts appropriated pursuant to this subsection shall be available for obligation until expended.

.

1207.

Reports

Subtitle III, as amended by section 1206 of this Act, is further amended by adding after section 5406 the following:

5407.

Reports

(a)

Freight transportation conditions and performance reports

Not later than 3 years after the date of enactment of the Comprehensive Transportation and Consumer Protection Act of 2015, and every 5 years thereafter, the Secretary shall submit a report to Congress that describes the conditions and performance of the national freight network in the United States.

(b)

Annual report

At the end of each fiscal year, the Secretary shall post, on a public website, an annual report that lists each project for which assistance has been provided under this chapter during that fiscal year.

(c)

GAO assessment and report

(1)

Assessment

The Comptroller General of the United States shall conduct an assessment of the administrative establishment, solicitation, selection, and justification process for funding of projects under this chapter.

(2)

Report

Not later than 1 year after the first funding is awarded under this chapter, and not later than 6 months after each funding solicitation, the Comptroller General of the United States shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Environment and Public Works of the Senate, the Committee on Banking, Housing and Urban Affairs of the Senate, the Committee on Appropriations of the Senate, the Committee on Transportation and Infrastructure of the House of Representatives, and the Committee on Appropriations of the House of Representatives that describes—

(A)

the adequacy and fairness of the process by which each project was selected;

(B)

the justification provided by the Department for the selection of each project;

(C)

whether the project met the criteria described in subsection (e); and

(D)

whether the Secretary provided adequate feedback to applicants who were not selected for an award.

.

1208.

Repeals

The Moving Ahead for Progress in the 21st Century Act (Public Law 112–141) is amended by striking sections 1117 and 1118 (23 U.S.C. 167 note).

1209.

Savings provision

No provision in this subtitle may be construed to provide additional authority to regulate or direct private activity on freight networks designated by the amendments made under this subtitle.

C

Research

1301.

Findings

Congress makes the followings findings:

(1)

Federal transportation research planning and coordination—

(A)

should occur within the Office of the Secretary; and

(B)

should be, to the extent practicable, multimodal and not occur solely within the subagencies of the Department of Transportation.

(2)

Managing a multi-modal research portfolio within the Office of the Secretary will—

(A)

help identify opportunities where research could be applied across modes; and

(B)

prevent duplication of efforts and waste of limited Federal resources.

(3)

An ombudsman for research at the Department of Transportation will—

(A)

give stakeholders a formal opportunity to address concerns;

(B)

ensure unbiased research; and

(C)

improve the overall research products of the Department.

(4)

Increasing transparency of transportation research efforts will—

(A)

build stakeholder confidence in the final product; and

(B)

lead to the improved implementation of research findings.

1302.

Modal research plans

(a)

In general

Not later than June 15 of the year preceding the research fiscal year, the head of each modal administration and joint program office of the Department of Transportation shall submit a comprehensive annual research plan to the Assistant Secretary for Research and Technology of the Department of Transportation (referred to in this subtitle as the Assistant Secretary).

(b)

Review

(1)

In general

Not later than October 1, the Assistant Secretary, for each plan submitted pursuant to subsection (a), shall—

(A)

review the scope of the research; and

(B)
(i)

approve the plan; or

(ii)

request that the plan be revised.

(2)

Publications

Not later than January 30 of each year, the Secretary shall publish each plan that has been approved under paragraph (1)(B)(i) on a public website.

(3)

Rejection of duplicative research efforts

The Assistant Secretary may not approve any plan submitted by the head of a modal administration pursuant to subsection (a) if such plan duplicates the research efforts of any other modal administration.

(c)

Funding limitations

No funds may be expended by the Department of Transportation on research that has not previously been approved as part of a modal research plan approved by the Assistant Secretary unless—

(1)

such research is required by an Act of Congress;

(2)

such research was part of a contract that was funded before the date of enactment of this Act; or

(3)

the Secretary of Transportation certifies to Congress that such research is necessary before the approval of a modal research plan.

(d)

Duplicative research

(1)

In general

Except as provided in paragraph (2), no funds may be expended by the Department of Transportation on research projects that the Secretary identifies as duplicative under subsection (b)(3).

(2)

Exceptions

Paragraph (1) shall not apply to—

(A)

updates to previously commissioned research;

(B)

research commissioned to carry out an Act of Congress; or

(C)

research commissioned before the date of enactment of this Act.

(e)

Certification

(1)

In general

The Secretary shall annually certify to Congress that—

(A)

each modal research plan has been reviewed; and

(B)

there is no duplication of study for research directed, commissioned, or conducted by the Department of Transportation.

(2)

Corrective action plan

If the Secretary, after submitting a certification under paragraph (1), identifies duplication of research within the Department of Transportation, the Secretary shall—

(A)

notify Congress of the duplicative research; and

(B)

submit a corrective action plan to Congress that will eliminate such duplicative research.

1303.

Consolidated research prospectus and strategic plan

(a)

Prospectus

(1)

In general

The Secretary shall annually publish, on a public website, a comprehensive prospectus on all research projects conducted by the Department of Transportation, including, to the extent practicable, research funded through University Transportation Centers.

(2)

Contents

The prospectus published under paragraph (1) shall—

(A)

include the consolidated modal research plans approved under section 1302;

(B)

describe the research objectives, progress, and allocated funds for each research project;

(C)

identify research projects with multimodal applications;

(D)

specify how relevant modal administrations have assisted, will contribute to, or plan to use the findings from the research projects identified under paragraph (1);

(E)

identify areas in which multiple modal administrations are conducting research projects on similar subjects or subjects which have bearing on multiple modes;

(F)

describe the interagency and cross modal communication and coordination that has occurred to prevent duplication of research efforts within the Department of Transportation;

(G)

indicate how research is being disseminated to improve the efficiency and safety of transportation systems;

(H)

describe how agencies developed their research plans; and

(I)

describe the opportunities for public and stakeholder input.

(b)

Funding report

In conjunction with each of the President’s annual budget requests under section 1105 of title 31, United States Code, the Secretary shall submit a report to appropriate committees of Congress that describes—

(1)

the amount spent in the last completed fiscal year on transportation research and development; and

(2)

the amount proposed in the current budget for transportation research and development.

(c)

Performance plans and reports

In the plans and reports submitted under sections 1115 and 1116 of title 31, United States Code, the Secretary shall include—

(1)

a summary of the Federal transportation research and development activities for the previous fiscal year in each topic area;

(2)

the amount spent in each topic area;

(3)

a description of the extent to which the research and development is meeting the expectations set forth in subsection (d)(3)(A); and

(4)

any amendments to the strategic plan developed under subsection (d).

(d)

Transportation research and development strategic plan

(1)

In general

The Secretary shall develop a 5-year transportation research and development strategic plan to guide future Federal transportation research and development activities.

(2)

Consistency

The strategic plan developed under paragraph (1) shall be consistent with—

(A)

section 306 of title 5, United States Code;

(B)

sections 1115 and 1116 of title 31, United States Code; and

(C)

any other research and development plan within the Department of Transportation.

(3)

Contents

The strategic plan developed under paragraph (1) shall—

(A)

describe the primary purposes of the transportation research and development program, which shall include—

(i)

promoting safety;

(ii)

reducing congestion;

(iii)

improving mobility;

(iv)

preserving the existing transportation system;

(v)

improving the durability and extending the life of transportation infrastructure; and

(vi)

improving goods movement;

(B)

for each of the purposes referred to in subparagraph (A), list the primary research and development topics that the Department of Transportation intends to pursue to accomplish that purpose, which may include—

(i)

fundamental research in the physical and natural sciences;

(ii)

applied research;

(iii)

technology research; and

(iv)

social science research intended for each topic; and

(C)

for each research and development topic—

(i)

identify the anticipated annual funding levels for the period covered by the strategic plan; and

(ii)

include any additional information the Department of Transportation expects to discover at the end of the period covered by the strategic plan as a result of the research and development in that topic area.

(4)

Considerations

The Secretary shall ensure that the strategic plan developed under this section—

(A)

reflects input from a wide range of stakeholders;

(B)

includes and integrates the research and development programs of all the Department of Transportation’s modal administrations, including aviation, transit, rail, and maritime; and

(C)

takes into account how research and development by other Federal, State, private sector, and nonprofit institutions—

(i)

contributes to the achievement of the purposes identified under paragraph (3)(A); and

(ii)

avoids unnecessary duplication of such efforts.

(e)

Technical and conforming amendments

(1)

Chapter 5 of title 23

Chapter 5 of title 23, United States Code, is amended—

(A)

by striking section 508;

(B)

in the table of contents, by striking the item relating to section 508;

(C)

in section 502—

(i)

in subsection (a)(9), by striking transportation research and technology development strategic plan developed under section 508 and inserting transportation research and development strategic plan under section 1303 of the Comprehensive Transportation and Consumer Protection Act of 2015; and

(ii)

in subsection (b)(4), by striking transportation research and development strategic plan of the Secretary developed under section 508 and inserting transportation research and development strategic plan under section 1303 of the Comprehensive Transportation and Consumer Protection Act of 2015; and

(D)

in section 512(b), by striking as part of the transportation research and development strategic plan developed under section 508.

(2)

Intelligent transportation systems

Section 5205 of the Intelligent Transportation Systems Act of 1998 (23 U.S.C. 502 note) is amended—

(A)

in subsection (b), by striking as part of the Surface Transportation Research and Development Strategic Plan developed under section 508 of title 23, United States Code and inserting as part of the transportation research and development strategic plan under section 1303 of the Comprehensive Transportation and Consumer Protection Act of 2015; and

(B)

in subsection (e)(2)(A), by striking or the Surface Transportation Research and Development Strategic Plan developed under section 508 of title 23, United States Code and inserting or the transportation research and development strategic plan under section 1303 of the Comprehensive Transportation and Consumer Protection Act of 2015.

(3)

Intelligent transportation system research

Subtitle C of title V of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (23 U.S.C. 512 note) is amended—

(A)

in section 5305(h)(3)(A), by striking the strategic plan under section 508 of title 23, United States Code and inserting the 5-year transportation research and development strategic plan under section 1303 of the Comprehensive Transportation and Consumer Protection Act of 2015; and

(B)

in section 5307(c)(2)(A), by striking or the surface transportation research and development strategic plan developed under section 508 of title 23, United States Code and inserting or the 5-year transportation research and development strategic plan under section 1303 of the Comprehensive Transportation and Consumer Protection Act of 2015.

1304.

Research Ombudsman

(a)

In general

Subtitle III is amended by inserting after chapter 63 the following:

65

Research ombudsman

Sec.

6501. Research ombudsman.

6501.

Research ombudsman

(a)

Establishment

The Assistant Secretary for Research and Technology shall appoint a career Federal employee to serve as Research Ombudsman. This appointment shall not diminish the authority of peer review of research.

(b)

Qualifications

The Research Ombudsman appointed under subsection (a), to the extent practicable—

(1)

shall have a background in academic research and a strong understanding of sound study design;

(2)

shall develop a working knowledge of the stakeholder communities and research needs of the transportation field; and

(3)

shall not have served as a political appointee of the Department.

(c)

Responsibilities

(1)

Addressing complaints and questions

The Research Ombudsman shall—

(A)

receive complaints and questions about—

(i)

significant alleged omissions, improprieties, and systemic problems; and

(ii)

excessive delays of, or within, a specific research project; and

(B)

evaluate and address the complaints and questions described in subparagraph (A).

(2)

Petitions

(A)

Review

The Research Ombudsman shall review petitions relating to—

(i)

conflicts of interest;

(ii)

the study design and methodology;

(iii)

assumptions and potential bias;

(iv)

the length of the study; and

(v)

the composition of any data sampled.

(B)

Response to petitions

The Research Ombudsman shall—

(i)

respond to relevant petitions within a reasonable period;

(ii)

identify deficiencies in the petition’s study design; and

(iii)

propose a remedy for such deficiencies to the administrator of the modal administration responsible for completing the research project.

(C)

Response to proposed remedy

The administrator of the modal agency charged with completing the research project shall respond to the proposed research remedy.

(3)

Required reviews

The Research Ombudsman shall evaluate the study plan for all statutorily required studies and reports before the commencement of such studies to ensure that the research plan has an appropriate sample size and composition to address the stated purpose of the study.

(d)

Reports

(1)

In general

Upon the completion of each review under subsection (c), the Research Ombudsman shall—

(A)

submit a report containing the results of such review to—

(i)

the Secretary;

(ii)

the head of the relevant modal administration; and

(iii)

the study or research leader; and

(B)

publish such results on a public website, with the modal agency response required under subsection (c)(2)(C).

(2)

Independence

Each report required under this section shall be provided directly to the individuals described in paragraph (1) without any comment or amendment from the Secretary, the Deputy Secretary of Transportation, the head of any modal administration of the Department, or any other officer or employee of the Department or the Office of Management and Budget.

(e)

Report to Inspector General

The Research Ombudsman shall submit any evidence of misfeasance, malfeasance, waste, fraud, or abuse uncovered during a review under this section to the Inspector General for further review.

(f)

Removal

The Research Ombudsman shall be subject adverse employment action for misconduct or good cause in accordance with the procedures and grounds set forth in chapter 75 of title 5.

.

(b)

Technical and conforming amendment

The table of chapters for subtitle III is amended by inserting after the item relating to chapter 63 the following:

65.Research ombudsman6501

.

1305.

Smart cities transportation planning study

(a)

In general

The Secretary shall conduct a study of digital technologies and information technologies, including shared mobility, data, transportation network companies, and on-demand transportation services—

(1)

to understand the degree to which cities are adopting these technologies;

(2)

to assess future planning, infrastructure and investment needs; and

(3)

to provide best practices to plan for smart cities in which information and technology are used—

(A)

to improve city operations;

(B)

to grow the local economy;

(C)

to improve response in times of emergencies and natural disasters; and

(D)

to improve the lives of city residents.

(b)

Components

The study conducted under subsection (a) shall—

(1)

identify broad issues that influence the ability of the United States to plan for and invest in smart cities, including barriers to collaboration and access to scientific information; and

(2)

review how the expanded use of digital technologies, mobile devices, and information may—

(A)

enhance the efficiency and effectiveness of existing transportation networks;

(B)

optimize demand management services;

(C)

impact low-income and other disadvantaged communities;

(D)

assess opportunities to share, collect, and use data;

(E)

change current planning and investment strategies; and

(F)

provide opportunities for enhanced coordination and planning.

(c)

Reporting

Not later than 18 months after the date of enactment of this Act, the Secretary shall publish the report containing the results of the study required under subsection (a) to a public website.

1306.

Bureau of Transportation Statistics independence

Section 6302 is amended by adding at the end the following:

(d)

Independence of Bureau

(1)

In general

The Director shall not be required—

(A)

to obtain the approval of any other officer or employee of the Department with respect to the collection or analysis of any information; or

(B)

prior to publication, to obtain the approval of any other officer or employee of the United States with respect to the substance of any statistical technical reports or press releases lawfully prepared by the Director.

(2)

Budget authority

The Director shall have final authority for the disposition and allocation of the Bureau’s authorized budget, including—

(A)

all hiring, grants, cooperative agreements, and contracts awarded by the Bureau to carry out this section; and

(B)

the disposition and allocation of amounts paid to the Bureau for cost-reimbursable projects.

(3)

Exceptions

The Secretary shall direct external support functions, such as the coordination of activities involving multiple modal administrations.

(4)

Information technology

In consultation with the Chief Information Officer, the Director shall have the final authority in decisions regarding information technology in order to protect the confidentiality of information provided solely for statistical purposes, in accordance with the Confidential Information Protection and Statistical Efficiency Act of 2002 (44 U.S.C. 3501 note).

.

1307.

Conforming amendments

(a)

Title 49 amendments

(1)

Assistant Secretaries; General Counsel

Section 102(e) is amended—

(A)

in paragraph (1), by striking 5 and inserting 6; and

(B)

in paragraph (1)(A), by inserting an Assistant Secretary for Research and Technology, before and an Assistant Secretary.

(2)

Office of the Assistant Secretary for Research and Technology of the Department of Transportation

Section 112 is repealed.

(3)

Table of contents

The table of contents of chapter 1 is amended by striking the item relating to section 112.

(4)

Research contracts

Section 330 is amended—

(A)

in the section heading, by striking contracts and inserting activities;

(B)

in subsection (a), by inserting In general.— before The Secretary;

(C)

in subsection (b), by inserting Responsibilities.— before In carrying out;

(D)

in subsection (c), by inserting Publications.— before The Secretary; and

(E)

by adding at the end the following:

(d)

Duties

The Secretary shall provide for the following:

(1)

Coordination, facilitation, and review of the Department's research and development programs and activities.

(2)

Advancement, and research and development, of innovative technologies, including intelligent transportation systems.

(3)

Comprehensive transportation statistics research, analysis, and reporting.

(4)

Education and training in transportation and transportation-related fields.

(5)

Activities of the Volpe National Transportation Systems Center.

(e)

Additional authorities

The Secretary may—

(1)

enter into grants and cooperative agreements with Federal agencies, State and local government agencies, other public entities, private organizations, and other persons—

(A)

to conduct research into transportation service and infrastructure assurance; and

(B)

to carry out other research activities of the Department;

(2)

carry out, on a cost-shared basis, collaborative research and development to encourage innovative solutions to multimodal transportation problems and stimulate the deployment of new technology with—

(A)

non-Federal entities, including State and local governments, foreign governments, institutions of higher education, corporations, institutions, partnerships, sole proprietorships, and trade associations that are incorporated or established under the laws of any State;

(B)

Federal laboratories; and

(C)

other Federal agencies; and

(3)

directly initiate contracts, grants, cooperative research and development agreements (as defined in section 12 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a)), and other agreements to fund, and accept funds from, the Transportation Research Board of the National Research Council of the National Academy of Sciences, State departments of transportation, cities, counties, institutions of higher education, associations, and the agents of those entities to carry out joint transportation research and technology efforts.

(f)

Federal share

(1)

In general

Subject to paragraph (2), the Federal share of the cost of an activity carried out under subsection (e)(3) shall not exceed 50 percent.

(2)

Exception

If the Secretary determines that the activity is of substantial public interest or benefit, the Secretary may approve a greater Federal share.

(3)

Non-Federal share

All costs directly incurred by the non-Federal partners, including personnel, travel, facility, and hardware development costs, shall be credited toward the non-Federal share of the cost of an activity described in paragraph (1).

(g)

Program evaluation and oversight

For fiscal years 2016 through 2021, the Secretary is authorized to expend not more than 11/2 percent of the amounts authorized to be appropriated for necessary expenses for administration and operations of the Office of the Assistant Secretary for Research and Technology for the coordination, evaluation, and oversight of the programs administered under this section.

(h)

Use of technology

The research, development, or use of a technology under a contract, grant, cooperative research and development agreement, or other agreement entered into under this section, including the terms under which the technology may be licensed and the resulting royalties may be distributed, shall be subject to the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3701 et seq.).

(i)

Waiver of advertising requirements

Section 6101 of title 41 shall not apply to a contract, grant, or other agreement entered into under this section.

.

(5)

Table of contents

The item relating to section 330 in the table of contents of chapter 3 is amended by striking Contracts and inserting Activities.

(6)

Bureau of Transportation Statistics

Section 6302(a) is amended to read as follows:

(a)

In general

There shall be within the Department the Bureau of Transportation Statistics.

.

(b)

Title 5 amendments

(1)

Positions at level II

Section 5313 of title 5, United States Code, is amended by striking Under Secretary of Transportation for Security..

(2)

Positions at level III

Section 5314 of title 5, United States Code, is amended by striking Administrator, Research and Innovative Technology Administration..

(3)

Positions at level IV

Section 5315 of title 5, United States Code, is amended by striking (4) in the undesignated item relating to Assistant Secretaries of Transportation and inserting (5).

(4)

Positions at level V

Section 5316 is amended by striking Associate Deputy Secretary, Department of Transportation..

1308.

Repeal of obsolete office

(a)

In general

Section 5503 is repealed.

(b)

Table of contents

The table of contents of chapter 55 is amended by striking the item relating to section 5503.

D

Port Performance Act

1401.

Short title

This subtitle may be cited as the Port Performance Act.

1402.

Findings

Congress finds the following:

(1)

America’s ports play a critical role in the Nation’s transportation supply chain network.

(2)

Reliable and efficient movement of goods through the Nation’s ports ensures that American goods are available to customers throughout the world.

(3)

Breakdowns in the transportation supply chain network, particularly at the Nation’s ports, can result in tremendous economic losses for agriculture, businesses, and retailers that rely on timely shipments.

(4)

A clear understanding of port productivity and throughput would help—

(A)

to identify freight bottlenecks;

(B)

to indicate performance and trends over time; and

(C)

to inform investment decisions.

1403.

Port performance freight statistics program

(a)

In general

Chapter 63 is amended by adding at the end the following:

6314.

Port performance freight statistics program

(a)

In general

The Director shall establish, on behalf of the Secretary, a port performance statistics program to provide nationally consistent measures of performance of—

(1)

the Nation’s top 25 ports by tonnage;

(2)

the Nation’s top 25 ports by 20-foot equivalent unit; and

(3)

the Nation’s top 25 ports by dry bulk.

(b)

Annual reports

(1)

Port capacity and throughput

Not later than January 15 of each year, the Director shall submit an annual report to Congress that includes statistics on capacity and throughput at the ports described in subsection (a).

(2)

Port performance measures

The Director shall collect monthly port performance measures for each of the United States ports referred to in subsection (a) that receives Federal assistance or is subject to Federal regulation to submit an annual report to the Bureau of Transportation Statistics that includes monthly statistics on capacity and throughput as applicable to the specific configuration of the port, including—

(A)

the total capacity of inbound and outbound cargo, including containers, break bulk, vehicles, and dry and liquid bulk;

(B)

the total volume of inbound and outbound cargo, including containers, break bulk, vehicles, and dry and liquid bulk;

(C)

the average number of lifts per hour of containers by crane;

(D)

the average vessel turn time by vessel type;

(E)

the average cargo or container dwell time;

(F)

port storage capacity and utilization;

(G)

the average truck time at ports;

(H)

the average rail time at ports; and

(I)

any additional metrics, as determined by the Director after receiving recommendations from the working group established under subsection (c).

(c)

Recommendations

(1)

In general

The Director shall obtain recommendations for—

(A)

specifications and data measurements for the port performance measures listed in subsection (b)(2);

(B)

additionally needed data elements for measuring port performance; and

(C)

a process for the Department of Transportation to collect timely and consistent data, including identifying safeguards to protect proprietary information described in subsection (b)(2).

(2)

Working group

Not later than 60 days after the date of the enactment of this Act, the Director shall commission a working group composed of—

(A)

operating administrations of the Department of Transportation;

(B)

the Coast Guard;

(C)

the Federal Maritime Commission;

(D)

U.S. Customs and Border Protection;

(E)

the Marine Transportation System National Advisory Council;

(F)

the Army Corps of Engineers;

(G)

the Saint Lawrence Seaway Development Corporation;

(H)

the Advisory Committee on Supply Chain Competitiveness;

(I)

1 representative from the rail industry;

(J)

1 representative from the trucking industry;

(K)

1 representative from the port management industry;

(L)

1 representative from the maritime shipping industry;

(M)

1 representative from the maritime labor industry;

(N)

representatives of the National Freight Advisory Committee of the Department; and

(O)

representatives of the Transportation Research Board of the National Academies.

(3)

Recommendations

Not later than 1 year after the date of the enactment of the Port Performance Act, the working group commissioned under this subsection shall submit its recommendations to the Director.

(d)

Access to data

The Director shall ensure that the statistics compiled under this section are readily accessible to the public, consistent with applicable security constraints and confidentiality interests.

.

(b)

Prohibition on certain disclosures

Section 6307(b)(1) is amended by inserting or section 6314(b) after section 6302(b)(3)(B) each place it appears.

(c)

Copies of reports

Section 6307(b)(2)(A) is amended by inserting or section 6314(b) after section 6302(b)(3)(B).

(d)

Technical and conforming amendment

The table of contents for chapter 63 is amended by adding at the end the following:

6314. Port performance freight statistics program.

.

1404.

Monthly reports on performance at United States ports

(a)

In general

Not later than 1 year before the expiration date of a maritime labor agreement that applies to facilities of a United States port, 3 months before the expiration date of the maritime labor agreement, and monthly thereafter until a new agreement is agreed to, the Secretary of Transportation, in consultation with the Secretary of Commerce and the Secretary of Labor, shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives that includes port performance indicators at the affected port. If multiple ports are affected by the expiration of the maritime labor agreement, the Secretary of Transportation shall submit a report for each affected port.

(b)

Contents

Each report required under subsection (a) shall include, for the affected port during the previous month—

(1)

the performance indicators listed under section 6314(b)(2) of title 49, United States Code;

(2)

the number and type of vessels awaiting berthing, including average wait time;

(3)

the number of cancelled vessel calls;

(4)

an estimate of the economic impact associated with any delays both at the port and across the national economy;

(5)

an estimate of the amount of time required to clear any congestion;

(6)

the average number of labor positions ordered and filled; and

(7)

any other factors that might have created delays, including weather, equipment maintenance or failures, or infrastructure development or repair.

(c)

Effective period

The Secretary of Transportation, in consultation with the Secretary of Commerce and the Secretary of Labor, shall submit a report required under subsection (a) for an affected port until the date on which a new maritime labor agreement that applies to the facilities of the port is agreed to by all of the parties to that maritime labor agreement.

(d)

Definition of maritime labor agreement

In this section, the term maritime labor agreement has the meaning given such term in section 40102 of title 46, United States Code.

II

Commercial motor vehicle and driver programs

A

Compliance, Safety, and Accountability Reform

I

Compliance, Safety, and Accountability

2001.

Correlation study

(a)

In general

The Administrator of the Federal Motor Carrier Safety Administration (referred to in this part as the Administrator) shall commission the National Research Council of the National Academies to conduct a study of—

(1)

the Safety Measurement System (referred to in this part as SMS); and

(2)

the Compliance, Safety, Accountability program (referred to in this part as the CSA program).

(b)

Scope of study

In carrying out the study commissioned pursuant to subsection (a), the National Research Council—

(1)

shall analyze—

(A)

the accuracy with which the Behavior Analysis and Safety Improvement Categories (referred to in this part as BASIC) safety measures used by SMS—

(i)

identify high risk drivers and carriers; and

(ii)

predict or be correlated with future crash risk, crash severity, or other safety indicators for individual drivers, motor carriers, and the highest risk carriers;

(B)

the methodology used to calculate BASIC percentiles and identify carriers for enforcement, including the weights assigned to particular violations, and the tie between crash risk and specific regulatory violations, in order to accurately identify and predict future crash risk for motor carriers;

(C)

the relative value of inspection information and roadside enforcement data;

(D)

any data collection gaps or data sufficiency problems that may exist and the impact of those data gaps and insufficiencies on the efficacy of the CSA program; and

(E)

the accuracy of data processing; and

(2)

should consider—

(A)

whether the current SMS provides comparable precision and confidence for SMS alerts and percentiles for the relative crash risk of individual large and small motor carriers;

(B)

whether alternative systems would identify high risk carriers or identify high risk drivers and motor carriers more accurately; and

(C)

the recommendations and findings of the Comptroller General of the United States and the Inspector General, and independent review team reports issued before the date of the enactment of this Act.

(c)

Report

Not later than 18 months after the date of enactment of this Act, the Administrator shall submit a report containing the results of the completed study to—

(1)

the Committee on Commerce, Science, and Transportation of the Senate;

(2)

the Committee on Transportation and Infrastructure of the House of Representatives;

(3)

the Inspector General of the Department of Transportation; and

(4)

the Comptroller General of the United States.

(d)

Corrective action plan

(1)

In general

Not later than 120 days after the Administrator submits a report under subsection (c) that identifies a deficiency or opportunity for improvement in the CSA program or in any element of SMS, the Administrator shall submit a corrective action plan to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives that—

(A)

responds to the concerns highlighted by the report;

(B)

identifies how the Federal Motor Carrier Safety Administration will address such concerns; and

(C)

provides an estimate of the cost, including changes in staffing, enforcement, and data collection necessary to implement the recommendations.

(2)

Program reforms

The corrective action plan submitted under paragraph (1) shall include an implementation plan that—

(A)

includes benchmarks;

(B)

includes programmatic reforms, revisions to regulations, or proposals for legislation; and

(C)

shall be considered in any rulemaking by the Department of Transportation that relates to the CSA program, including the SMS data sets or analysis.

(e)

Inspector general review

Not later than 120 days after the Administrator issues a corrective action plan under subsection (d), the Inspector General of the Department of Transportation shall—

(1)

review the extent to which such plan implements—

(A)

recommendations contained in the report submitted under subsection (c); and

(B)

recommendations issued by the Comptroller General or the Inspector General before the date of enactment of this Act; and

(2)

submit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives on the responsiveness of the corrective action plan to the recommendations described in paragraph (1).

(f)

Fiscal limitation

The Administrator shall carry out the study required under this section using amounts appropriated to the Federal Motor Carrier Safety Administration and available for obligation and expenditure as of the date of the enactment of this Act.

2002.

Safety improvement metrics

(a)

In general

The Administrator shall incorporate a methodology into the CSA program or establish a third-party process to allow recognition, including credit, improved score, or by establishing a safety BASIC in SMS for safety technology, tools, programs, and systems approved by the Administrator through the qualification process developed under subsection (b) that exceed regulatory requirements or are used to enhance safety performance, including—

(1)

the installation of qualifying advanced safety equipment, such as—

(A)

collision mitigation systems;

(B)

lane departure warnings;

(C)

speed limiters;

(D)

electronic logging devices;

(E)

electronic stability control;

(F)

critical event recorders; and

(G)

strengthening rear guards and sideguards for underride protection;

(2)

the use of enhanced driver fitness measures that exceed current regulatory requirements, such as—

(A)

additional new driver training;

(B)

enhanced and ongoing driver training; and

(C)

remedial driver training to address specific deficiencies as identified in roadside inspection or enforcement reports;

(3)

the adoption of qualifying administrative fleet safety management tools technologies, driver performance and behavior management technologies, and programs; and

(4)

technologies and measures identified through the process described in subsection (c).

(b)

Qualification

The Administrator, through notice and comment rulemaking, shall develop technical or other performance standards for technology, advanced safety equipment, enhanced driver fitness measures, tools, programs, or systems used by motor carriers that will qualify for credit under this section.

(c)

Additional requirements

In modifying the CSA program under subsection (a), the Administrator, through notice and comment rulemaking, shall develop a process for identifying and reviewing other technology, advanced safety equipment, enhanced driver fitness measures, tools, programs, or systems used by motor carriers to improve safety performance that—

(1)

provides for a petition for reviewing technology, advanced safety equipment, enhanced driver fitness measures, tools, programs, or systems;

(2)

seeks input and participation from industry stakeholders, including drivers, technology manufacturers, vehicle manufacturers, motor carriers, enforcement communities, and safety advocates, and the Motor Carrier Safety Advisory Committee; and

(3)

includes technology, advanced safety equipment, enhanced driver fitness measures, tools, programs, or systems with a date certain for future statutory or regulatory implementation.

(d)

Safety improvement metrics use and verification

The Administrator, through notice and comment rulemaking, shall develop a process for—

(1)

providing recognition or credit within a motor carrier’s SMS score for the installation and use of measures in paragraphs (1) through (4) of subsection (a);

(2)

ensuring that the safety improvement metrics developed under this section are presented with other SMS data;

(3)

verifying the installation or use of such technology, advanced safety equipment, enhanced driver fitness measures, tools, programs, or systems;

(4)

modifying or removing recognition or credit upon verification of noncompliance with this section;

(5)

ensuring that the credits or recognition referred to in paragraph (1) reflect the safety improvement anticipated as a result of the installation or use of the specific technology, advanced safety equipment, enhanced driver fitness measure, tool, program, or system;

(6)

verifying the deployment and use of qualifying equipment or management systems by a motor carrier through a certification from the vehicle manufacturer, the system or service provider, the insurance carrier, or through documents submitted by the motor carrier to the Department of Transportation;

(7)

annually reviewing the list of qualifying safety technology, advanced safety equipment, enhanced driver fitness measures, tools, programs, or systems; and

(8)

removing systems mandated by law or regulation, or if such systems demonstrate a lack of efficacy, from the list of qualifying technologies, advanced safety equipment, enhanced driver fitness measures, tools, programs, or systems eligible for credit under the CSA program.

(e)

Dissemination of information

The Administrator shall maintain a public website that contains information regarding—

(1)

the technology, advanced safety equipment, enhanced driver fitness measures, tools, programs, or systems eligible for credit and improved scores;

(2)

any petitions for study of the technology, advanced safety equipment, enhanced driver fitness measures, tools, programs, or systems; and

(3)

statistics and information relating to the use of such technology, advanced safety equipment, enhanced driver fitness measures, tools, programs, or systems.

(f)

Public report

Not later than 1 year after the establishment of the Safety Improvement Metrics System (referred to in this section as SIMS) under this section, and annually thereafter, the Administrator shall publish, on a public website, a report that identifies—

(1)

the types of technology, advanced safety equipment, enhanced driver fitness measures, tools, programs, or systems that are eligible for credit;

(2)

the number of instances in which each technology, advanced safety equipment, enhanced driver fitness measure, tool, program, or system is used;

(3)

the number of motor carriers, and a description of the carrier’s fleet size, that received recognition or credit under the modified CSA program; and

(4)

the pre- and post-adoption safety performance of the motor carriers described in paragraph (3).

(g)

Evaluation

(1)

In general

Not later than 2 years after the implementation of SIMS under this section, the Administrator shall conduct an evaluation of the effectiveness of SIMS by reviewing the impacts of SIMS on—

(A)

law enforcement, commercial drivers and motor carriers, and motor carrier safety; and

(B)

safety and adoption of new technologies.

(2)

Report

Not later than 30 months after the implementation of the program, the Administrator shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives that describes—

(A)

the results of the evaluation conducted under paragraph (1); and

(B)

the actions the Federal Motor Carrier Safety Administration plans to take to modify the demonstration program based on such results.

(h)

Use of estimates of safety effects

In conducting regulatory impact analyses for rulemakings relating to the technology, advanced safety equipment, enhanced driver fitness measures, tools, programs, or systems selected for credit under the CSA program, the Administrator, to the extent practicable, shall use the data gathered under this section and appropriate statistical methodology, including sufficient sample sizes, composition, and appropriate comparison groups, including representative motor carriers of all sizes, to estimate the effects on safety performance and reduction in the number and severity of accidents with qualifying technology, advanced safety equipment, tools, programs, and systems.

(i)

Savings provision

Nothing in this section may be construed to provide the Administrator with additional authority to change the requirements for the operation of a commercial motor vehicle.

2003.

Data certification

(a)

Limitation

Beginning not later than 1 day after the date of enactment of this Act, none of the analysis of violation information, enforcement prioritization, not-at-fault crashes, alerts, or the relative percentile for each Behavioral Analysis and Safety Improvement Category developed through the CSA program may be made available to the general public (including through requests under section 552 of title 5, United States Code) until the Inspector General of the Department of Transportation certifies that—

(1)

any deficiencies identified in the correlation study required under section 2001 have been addressed;

(2)

the corrective action plan has been implemented and the concerns raised by the correlation study under section 2001 have been addressed;

(3)

the Administrator has fully implemented or satisfactorily addressed the issues raised in the February 2014 GAO report entitled Modifying the Compliance, Safety, Accountability Program Would Improve the Ability to Identify High Risk Carriers (GAO–14–114), which called into question the accuracy and completeness of safety performance calculations;

(4)

the study required under section 2001 has been published on a public website; and

(5)

the CSA program has been modified in accordance with section 2002.

(b)

Limitation on use of SMS data

The analysis of violation information enforcement prioritization, alerts, or the relative percentile for each Behavioral Analysis and Safety Improvement Category developed through the CSA program within the SMS system may not be used for safety fitness determinations until the requirements under subsection (a) have been satisfied.

(c)

Exceptions

(1)

In general

Notwithstanding the limitations set forth in subsections (a) and (b)—

(A)

the Federal Motor Carrier Safety Administration and State and local commercial motor vehicle enforcement agencies may only use the information referred to in subsection (a) for purposes of investigation and enforcement prioritization; and

(B)

motor carriers and commercial motor vehicle drivers may access information referred to in subsection (a) that relates directly to the motor carrier or driver, respectively.

(2)

Limitation

Nothing in subparagraphs (A) and (B) of paragraph (1) may be construed to restrict the official use by State enforcement agencies of the data collected by State enforcement personnel.

(d)

Certification

The certification process described in subsection (a) shall occur concurrently with the implementation of SIMS under section 2002.

2004.

Data improvement

(a)

Functional specifications

Not later than 180 days after the date of enactment of this Act, the Administrator shall develop functional specifications to ensure the consistent and accurate input of data into systems and databases relating to the CSA program.

(b)

Functionality

The specifications developed pursuant to subsection (a)—

(1)

shall provide for the hardcoding and smart logic functionality for roadside inspection data collection systems and databases; and

(2)

shall be made available to public and private sector developers.

(c)

Effective data management

The Administrator shall ensure that internal systems and databases accept and effectively manage data using uniform standards.

(d)

Consultation with the States

Before implementing the functional specifications described in subsection (a) or the standards described in subsection (c), the Administrator shall seek input from the State agencies responsible for enforcing section 31102 of title 49, United States Code.

2005.

Accident report information

(a)

Review

The Administrator shall initiate a demonstration program that allows motor carriers and drivers to request a review of crashes, and the removal of crash data by the Federal Motor Carrier Safety Administration of crashes, and removal from any weighting, or carrier safety analysis, if the commercial motor vehicle was operated legally and another motorist in connection with the crash is found—

(1)

to have been driving under the influence;

(2)

to have been driving the wrong direction on a roadway;

(3)

to have struck the commercial motor vehicle in the rear;

(4)

to have struck the commercial motor vehicle which was legally stopped;

(5)

by the investigating officer or agency to have been responsible for the crash; or

(6)

to have committed other violations determined by the Administrator.

(b)

Documents

As part of a request for review under subsection (a), the motor carrier or driver shall submit a copy of available police reports, crash investigations, judicial actions, insurance claim information, and any related court actions submitted by each party involved in the accident.

(c)

Solicitation of other information

Following a notice and comment period, the Administrator may solicit other types of information to be collected under subsection (b) to facilitate appropriate reviews under this section.

(d)

Evaluation

The Federal Motor Carrier Safety Administration shall review the information submitted under subsections (b) and (c).

(e)

Results

The results of the review under subsection (a)—

(1)

shall be used to recalculate the motor carrier’s crash BASIC percentile;

(2)

if the carrier is determined to not be responsible for the crash incident, such information, shall be reflected on the website of the Federal Motor Carrier Safety Administration; and

(3)

shall not be admitted as evidence or otherwise used in a civil action.

(f)

Fee system

(1)

Establishment

The Administrator may establish a fee system, in accordance with section 9701 of title 31, United States Code, in which a motor carrier is charged a fee for each review of a crash requested by such motor carrier under this section.

(2)

Disposition of fees

Fees collected under this section—

(A)

may be credited to the Department of Transportation appropriations account for purpose of carrying out this section; and

(B)

shall be used to fully fund the operation of the review program authorized under this section.

(g)

Review and report

Not earlier than 2 years after the establishment of the demonstration program under this section, the Administrator shall—

(1)

conduct a review of the internal crash review program to determine if other crash types should be included; and

(2)

submit a report to Congress that describes—

(A)

the number of crashes reviewed;

(B)

the number of crashes for which the commercial motor vehicle operator was determined not to be at fault; and

(C)

relevant information relating to the program, including the cost to operate the program and the fee structure established.

2006.

Post-accident report review

(a)

In general

Not later than 120 days after the date of enactment of this Act, the Secretary shall convene a working group—

(1)

to review the data elements of post-accident reports, for tow-away accidents involving commercial motor vehicles, that are reported to the Federal Government; and

(2)

to report to the Secretary its findings and any recommendations, including best practices for State post-accident reports to achieve the data elements described in subsection (c).

(b)

Composition

Not less than 51 percent of the working group should be composed of individuals representing the States or State law enforcement officials. The remaining members of the working group shall represent industry, labor, safety advocates, and other interested parties.

(c)

Considerations

The working group shall consider requiring additional data elements, including—

(1)

the primary cause of the accident, if the primary cause can be determined;

(2)

the physical characteristics of the commercial motor vehicle and any other vehicle involved in the accident, including—

(A)

the vehicle configuration;

(B)

the gross vehicle weight if the weight can be readily determined;

(C)

the number of axles; and

(D)

the distance between axles, if the distance can be readily determined; and

(3)

any data elements that could contribute to the appropriate consideration of requests under section 2005.

(d)

Report

Not later than 1 year after the date of enactment of this Act, the Secretary shall—

(1)

review the findings of the working group;

(2)

identify the best practices for State post-accident reports that are reported to the Federal Government, including identifying the data elements that should be collected following a tow-away commercial motor vehicle accident; and

(3)

recommend to the States the adoption of new data elements to be collected following reportable commercial motor vehicle accidents.

2007.

Recognizing excellence in safety

(a)

In general

The Administrator shall establish a program to publicly recognize motor carriers and drivers whose safety records and programs exceed compliance with the Federal Motor Carrier Safety Administration’s safety regulations and demonstrate clear and outstanding safety practices.

(b)

Restriction

The program established under subsection (a) may not be deemed to be an endorsement of, or a preference for, motor carriers or drivers recognized under the program.

2008.

High risk carrier reviews

(a)

In general

After the completion of the certification under section 2003 of this Act, and the establishment of the Safety Fitness Determination program, the Secretary 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 4 consecutive months.

(b)

Report

Not later than 180 days after the completion of the certification under section 2003 of this Act and the establishment of the Safety Fitness Determination program, the Secretary shall post on a public website a report on the actions the Secretary has taken to comply with this section, including the number of high risk carriers identified and the high risk carriers reviewed.

(c)

Conforming amendment

Section 4138 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (49 U.S.C. 31144 note) is repealed.

II

Interim hiring standard

2101.

Definitions

In this part:

(1)

Entity

The term entity means a person acting as—

(A)

a shipper or a consignee;

(B)

a broker, a freight forwarder, or a household goods freight forwarder (as such terms are defined in section 13102 of title 49, United States Code);

(C)

a non-vessel-operating common carrier, an ocean freight forwarder, or an ocean transportation intermediary (as such terms are defined in section 40102 of title 46, United States Code);

(D)

an indirect air carrier authorized to operate under a Standard Security Program approved by the Transportation Security Administration;

(E)

a customs broker licensed in accordance with section 111.2 of title 19, Code of Federal Regulations;

(F)

an interchange motor carrier subject to paragraphs (1)(B) and (2) of section 13902(i); or

(G)

a warehouse (as defined in Article 7–102(13) of the Uniform Commercial Code).

(2)

Motor carrier

The term motor carrier means a motor carrier or a household goods motor carrier (as such terms are defined in section 13102 of title 49, United States Code) that is subject to Federal motor carrier financial responsibility and safety regulations.

(3)

State

The term State means each of the 50 States, a political subdivision of any such State, any intrastate agency, any other political agency of 2 or more States, the District of Columbia, American Samoa, the Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, Guam, and the Virgin Islands.

2102.

National hiring standards for motor carriers

(a)

National standard

Before tendering a shipment, but not more than 35 days before the pickup of a shipment by the hired motor carrier, an entity shall verify that the motor carrier, at the time of such verification—

(1)

is registered with and authorized by the Federal Motor Carrier Safety Administration to operate as a motor carrier or household goods motor carrier, if applicable;

(2)

has the minimum insurance coverage required by Federal law; and

(3)
(A)

before the safety fitness determination regulations are issued, does not have an unsatisfactory safety fitness determination issued by the Federal Motor Carrier Safety Administration in force at the time of such verification; or

(B)

beginning on the date that safety fitness determination regulations are implemented, does not have a safety fitness rating issued by the Federal Motor Carrier Safety Administration under such regulations that is the equivalent of the unsatisfactory fitness rating referred to in subparagraph (A).

(b)

Interim use of data

(1)

In general

Only evidence of an entity’s compliance with subsection (a), crash data, and violations may be admitted as evidence or otherwise used in a civil action for damages resulting from a claim of negligent selection or retention of such motor carrier against the entity.

(2)

Excluded evidence

All other motor carrier data created or maintained by the Federal Motor Carrier Safety Administration, including safety measurement system data or analysis of such data, may not be admitted into evidence in a case or proceeding in which it is asserted or alleged that an entity’s selection or retention of a motor carrier was negligent.

(3)

Cessation of effectiveness

Paragraphs (1) and (2) of this subsection cease to be effective on the date of completion of the certification under section 2003 of this Act.

2103.

Applicability

Notwithstanding any other provision of law, this part shall not apply to any motor carrier transportation contract entered into before the date of enactment of this Act.

B

Drug Free Commercial Driver Act of 2015

2201.

Short title

This subtitle may be cited as the Drug Free Commercial Driver Act of 2015.

2202.

Authorization of hair testing

Section 31306 is amended—

(1)

in subsection (b)(1)—

(A)

by redesignating subparagraph (B) as subparagraph (C); and

(B)

in subparagraph (A), by striking The regulations shall permit such motor carriers to conduct preemployment testing of such employees for the use of alcohol. and inserting the following:

(B)

The regulations prescribed under subparagraph (A) shall permit motor carriers—

(i)

to conduct preemployment testing of commercial motor vehicle operators for the use of alcohol; and

(ii)

to use hair testing as an acceptable alternative to urinalysis—

(I)

in conducting preemployment screening for the use of a controlled substance; and

(II)

in conducting random screening for the use of a controlled substance by individuals who were subject to preemployment screening.

; and

(2)

in subsection (c)(2)—

(A)

in subparagraph (B), by striking and at the end;

(B)

in subparagraph (C), by inserting and after the semicolon; and

(C)

by adding at the end the following:

(D)

laboratory protocols and cut-off levels for hair testing to detect the use of a controlled substance;

.

2203.

Exemption from mandatory urinalysis

(a)

In general

Any motor carrier that demonstrates, to the satisfaction of the Administrator of the Federal Motor Carrier Safety Administration, that it can carry out an applicable hair testing program, consistent with generally accepted industry standards, to detect the use of a controlled substance by commercial motor vehicle operators, may apply to the Administrator for an exemption from the mandatory urinalysis testing requirements set forth in subpart C of part 382 of title 49, Code of Federal Regulations, until a final rule is issued implementing the amendments made by section 2202 of this Act.

(b)

Evaluation of applications

(1)

In general

In evaluating an application for an exemption under subsection (a), the Administrator shall determine if the applicant’s testing program employs procedures and protections similar to fleets that have carried out hair testing programs for at least 1 year.

(2)

Requirements

A testing program may not receive an exemption under subsection (a) unless the applicable testing laboratories—

(A)

have obtained laboratory accreditation specific to hair testing from an accrediting body, compliant with international or other Federal standards as appropriate, such as the College of American Pathologists; and

(B)

utilize hair testing assays that have been cleared by the Food and Drug Administration under section 510(k) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360(k)).

(c)

Reporting requirement

Any motor carrier that is granted an exemption under subsection (a) shall submit records to the national clearinghouse established under section 31306a of title 49, United States Code, relating to all positive test results and test refusals from the hair testing program described in that subsection.

2204.

Guidelines for hair testing

Not later than 1 year after the date of enactment of this Act, the Secretary of Health and Human Services shall issue scientific and technical guidelines for hair testing as a method of detecting the use of a controlled substance for purposes of section 31306 of title 49, United States Code, as amended by section 2202 of this Act. When issuing the scientific and technical guidelines, the Secretary of Health and Human Services may consider differentiating between exposure to and usage of various controlled substances.

2205.

Annual report to Congress

Not later than 1 year after the date of enactment of this Act, and annually thereafter for 5 years, the Secretary of Transportation shall submit a report to Congress that—

(1)

summarizes the results of preemployment and random drug testing using both hair testing and urinalysis;

(2)

evaluates the efficacy of each method; and

(3)

determines which method provides the most accurate means of detecting the use of controlled substances over time.

C

Transparency and accountability

2301.

Rulemaking requirements

(a)

In general

Not later than 2 years after the date of enactment of this Act, if the Secretary determines that a significant number of crashes are not covered by the current minimum insurance requirements, the Secretary shall commence a rulemaking to determine whether to increase the minimum levels of financial responsibility required under section 31139 of title 49, United States Code, for a motor carrier to transport property.

(b)

Considerations

In considering a notice of proposed rulemaking or final rule to increase the minimum levels of financial responsibility under subsection (a), the Secretary shall identify and consider—

(1)

current State insurance requirements;

(2)

the differences between the State insurance requirements identified under paragraph (1) and Federal requirements;

(3)

the amount of an insurance claim at the current minimum levels of financial responsibility that is applied toward—

(A)

medical care;

(B)

compensation;

(C)

attorney fees; or

(D)

other identifiable costs of a claim; and

(4)

the frequency in which an insurance claim exceeds the current minimum levels of financial responsibility, including, to the extent practicable, unsealed verdicts and settlements.

(c)

Rulemaking

If the Secretary commences a rulemaking under subsection (a), the Secretary shall include in the rulemaking—

(1)

an estimate of the regulations impact on—

(A)

the safety of motor vehicle transportation;

(B)

the economic condition of the motor carrier industry, including small and minority motor carriers and independent owner-operators;

(C)

the ability of the insurance industry to provide the required amount of insurance; and

(D)

the ability of the minimum insurance level to cover the full cost of injuries, compensatory damages, and fatalities; and

(2)

an estimate of the effects an increase in the minimum levels of financial responsibility would have on—

(A)

small motor carriers;

(B)

insurance premiums for motor carriers, including small and minority motor carriers and independent owner-operators; and

(C)

the availability of insurance to meet the minimum levels of financial responsibility.

2302.

Petitions for regulatory relief

(a)

Applications for regulatory relief

Notwithstanding subpart C of part 381 of title 49, Code of Federal Regulations, the Secretary shall allow an applicant representing a class or group of motor carriers to apply for a specific exemption from any provision of the regulations under part 395 of title 49, Code of Federal Regulations, for commercial motor vehicle drivers.

(b)

Review process

(1)

In general

The Secretary shall establish the procedures for the application for and the review of an exemption under subsection (a).

(2)

Publication

Not later than 30 days after the date of receipt of an application for an exemption, the Secretary shall publish the application in the Federal Register and provide the public with an opportunity to comment.

(3)

Public comment

(A)

In general

Each application shall be available for public comment for a 30-day period, but the Secretary may extend the opportunity for public comment to 60 days if it is a significant or complex request.

(B)

Review

Beginning on the date that the public comment period under subparagraph (A) ends, the Secretary shall have 60 days to review all of the comments received.

(4)

Determination

At the end of the 60-day period under paragraph (3)(B), the Secretary shall publish a determination in the Federal Register, including—

(A)

the reason for granting or denying the application; and

(B)

if the application is granted—

(i)

the specific class of persons eligible for the exemption;

(ii)

each provision of the regulations to which the exemption applies; and

(iii)

any conditions or limitations applied to the exemption.

(5)

Considerations

In making a determination whether to grant or deny an application for an exemption, the Secretary shall consider the safety impacts of the request and may provide appropriate conditions or limitations on the use of the exemption.

(c)

Opportunity for resubmission

If an application is denied and the applicant can reasonably address the reason for the denial, the Secretary may allow the motor carrier to resubmit the application.

(d)

Period of applicability

(1)

In general

Except as provided in paragraph (2) of this subsection and subsection (f), each exemption granted under this section shall be valid for a period of 5 years unless the Secretary identifies a compelling reason for a shorter exemption period.

(2)

Renewal

At the end of the 5-year period under paragraph (1)—

(A)

the Secretary, at the Secretary's discretion, may renew the exemption for an additional 5-year period; or

(B)

an applicant may apply under subsection (a) for a permanent exemption from each applicable provision of the regulations.

(e)

Limitation

No exemption under this section may be granted to or used by any motor carrier that has an unsatisfactory safety fitness determination.

(f)

Permanent exemptions

(1)

In general

The Secretary shall make permanent the following limited exceptions:

(A)

Department of Defense Military Surface Deployment and Distribution Command transport of weapons, munitions, and sensitive classified cargo as published in the Federal Register Volume 80 on April 16, 2015 (80 Fed. Reg. 20556).

(B)

Department of Energy transport of security-sensitive radioactive materials as published in the Federal Register Volume 80 on June 22, 2015 (80 Fed. Reg. 35703).

(C)

All motor carriers that transport hazardous materials shipments requiring security plans under regulations of the Pipeline and Hazardous Materials Safety Administration as published in the Federal Register Volume 80 on May 1, 2015 (80 Fed. Reg. 25004).

(D)

Perishable construction products as published in the Federal Register, Volume 80 on April 2, 2015 (80 Fed. Reg. 17819).

(E)

Passenger vehicle record of duty status change as published in the Federal Register Volume 80 on June 4, 2015 (80 Fed. Reg. 31961).

(F)

Transport of commercial bee hives as published in the Federal Register Volume 80 on June 19, 2018 (80 Fed. Reg. 35425).

(G)

All specialized carriers and drivers responsible for transporting loads requiring special permits as published in the Federal Register Volume 80 on June 18, 2015 (80 Fed. Reg. 34957).

(H)

Safe transport of livestock as published in the Federal Register Volume 80 on June 12, 2015 (80 Fed. Reg. 33584).

(2)

Additional exemptions

The Secretary may make any temporary exemption from any provision of the regulations under part 395 of title 49, Code of Federal Regulations, for commercial motor vehicle drivers that is in effect on the date of enactment of this Act permanent if the Secretary determines that the permanent exemption will not degrade safety. The Secretary shall provide public notice and comment on a list of the additional provisions to be made permanent under this paragraph.

2303.

Inspector standards

Not later than 90 days after the date of enactment of this Act, the Administrator of the Federal Motor Carrier Safety Administration shall revise the regulations under part 385 of title 49, Code of Federal Regulations, as necessary, to incorporate by reference the certification standards for roadside inspectors issued by the Commercial Vehicle Safety Alliance.

2304.

Technology improvements

(a)

In general

Not later than 1 year after the date of enactment of this Act, the Government Accountability Office shall conduct a comprehensive analysis on the Federal Motor Carrier Safety Administration’s information technology and data collection and management systems.

(b)

Requirements

The study conducted under subsection (a) shall—

(1)

evaluate the efficacy of the existing information technology, data collection, processing systems, and data management systems and programs, including their interaction with each other and their efficacy in meeting user needs;

(2)

identify any redundancies among the systems and programs described in paragraph (1);

(3)

explore the feasibility of consolidating data collection and processing systems;

(4)

evaluate the ability of the systems and programs described in paragraph (1) to meet the needs of—

(A)

the Federal Motor Carrier Safety Administration, at both the headquarters and State level;

(B)

the State agencies that implement the Motor Carrier Safety Assistance Program under section 31102 of title 49, United States Code; and

(C)

other users;

(5)

evaluate the adaptability of the systems and programs described in paragraph (1), in order to make necessary future changes to ensure user needs are met in an easier, timely, and more cost efficient manner;

(6)

investigate and make recommendations regarding—

(A)

deficiencies in existing data sets impacting program effectiveness; and

(B)

methods to improve any and all user interfaces; and

(7)

evaluate the appropriate role the Federal Motor Carrier Safety Administration should take with respect to software and information systems design, development, and maintenance for the purpose of improving the efficacy of the systems and programs described in paragraph (1).

D

Trucking rules updated by comprehensive and key safety reform

2401.

Update on statutory requirements

(a)

In general

Not later than 90 days after the date of enactment of this Act, and every 90 days thereafter until a final rule has been issued for each of the requirements described under paragraphs (1) through (5), the Administrator of the Federal Motor Carrier Safety Administration shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the status of a final rule for—

(1)

the minimum entry-level training requirements for an individual operating a commercial motor vehicle under section 31305(c) of title 49, United States Code;

(2)

motor carrier safety fitness determinations;

(3)

visibility of agricultural equipment under section 31601 of division C of the Moving Ahead for Progress in the 21st Century Act (49 U.S.C. 30111 note);

(4)

regulations to require commercial motor vehicles in interstate commerce and operated by a driver subject to the hours of service and record of duty status requirements under part 395 of title 49, Code of Federal Regulations, be equipped with an electronic control module capable of limiting the maximum speed of the vehicle; and

(5)

any outstanding commercial motor vehicle safety regulation required by law and incomplete for more than 2 years.

(b)

Contents

Each report under subsection (a) shall include a description of the work plan, an updated rulemaking timeline, current staff allocations, any resource constraints, and any other details associated with the development of the rulemaking.

2402.

Statutory rulemaking

The Administrator of the Federal Motor Carrier Safety Administration shall prioritize the use of Federal Motor Carrier Safety Administration resources for the completion of each outstanding statutory requirement for a rulemaking before beginning any new rulemaking unless the Secretary certifies to Congress that there is an imminent and significant safety need to move forward with a new rulemaking.

2403.

Guidance reform

(a)

Guidance

(1)

Point of contact

Each guidance document, other than a regulatory action, issued by the Federal Motor Carrier Safety Administration shall have a date of publication or a date of revision, as applicable, and the name and contact information of a point of contact at the Federal Motor Carrier Safety Administration who can respond to questions regarding the general applicability of the guidance.

(2)

Public accessibility

(A)

In general

Each guidance document and interpretation issued by the Federal Motor Carrier Safety Administration shall be published on the Department of Transportation's public website on the date of issuance.

(B)

Redaction

The Administrator of the Federal Motor Carrier Safety Administration may redact from a guidance document or interpretation under subparagraph (A) any information that would reveal investigative techniques that would compromise Federal Motor Carrier Safety Administration enforcement efforts.

(3)

Rulemaking

Not later than 5 years after the date that a guidance document is published under paragraph (2) or during the comprehensive review under subsection (c), whichever is earlier, the Secretary, in consultation with the Administrator, shall revise the applicable regulations to incorporate the guidance document to the extent practicable.

(4)

Reissuance

If a guidance document is not incorporated into the applicable regulations under paragraph (3), the Secretary shall—

(A)

reissue an updated guidance document; and

(B)

review and reissue an updated guidance document every 5 years during the comprehensive review process under subsection (c) until the date that the guidance document is removed or incorporated into the applicable regulations under paragraph (3) of this subsection.

(b)

Update

Not later than 1 year after the date of enactment of this Act, the Secretary shall review regulations, guidance, and enforcement policies published on the Department of Transportation's public website to ensure the regulations, guidance, and enforcement policies are current, readily accessible to the public, and meet the standards under subsection (c)(1).

(c)

Review

(1)

In general

Subject to paragraph (2), not less than once every 5 years, the Administrator of the Federal Motor Carrier Safety Administration shall conduct a comprehensive review of its guidance and enforcement policies to determine whether—

(A)

the guidance and enforcement policies are consistent and clear;

(B)

uniformly and consistently enforceable; and

(C)

guidance is still necessary.

(2)

Notice and comment

Prior to beginning the review, the Administrator shall publish in the Federal Register a notice and request for comment soliciting input from stakeholders on which regulations should be updated or eliminated.

(3)

Report

Not later than 60 days after the date that a review under paragraph (1) is complete, the Administrator shall publish on the Department of Transportation's public website a report detailing the review and a full inventory of guidance and enforcement policies.

2404.

Petitions

(a)

In general

The Administrator of the Federal Motor Carrier Safety Administration shall—

(1)

publish in the Federal Register or on the Department of Transportation's public website all petitions for regulatory action submitted;

(2)

prioritize stakeholder petitions based on the likelihood of providing safety improvements;

(3)

formally respond to each petition by indicating whether the Administrator will accept, deny, or further review, the petition not later than 180 days after the date the petition is petition is published under paragraph (1);

(4)

prioritize resulting actions consistent with an action's potential to reduce crashes, improve enforcement, and reduce unnecessary burdens; and

(5)

publish, and update as necessary, on the Department of Transportation's public website an inventory of each petition described in paragraph (1), including any applicable disposition information for that petition.

(b)

Definition of petition

In this section, the term petition means a request for new regulations, regulatory interpretations or clarifications, or retrospective review of regulations to eliminate or modify obsolete, ineffective, or overly burdensome rules.

2405.

Regulatory reform

(a)

Regulatory impact analysis

(1)

In general

Within each regulatory impact analysis of a proposed or final rule issued by the Federal Motor Carrier Safety Administration, the Secretary shall—

(A)

consider effects of the proposed or final rule on a carrier with differing characteristics; and

(B)

formulate estimates and findings on the best available science.

(2)

Scope

To the extent feasible and appropriate, and consistent with law, the analysis described in paragraph (1) shall—

(A)

use data generated from a representative sample of commercial vehicle operators, motor carriers, or both, that will be covered under the proposed or final rule; and

(B)

consider effects on commercial truck and bus carriers of various sizes and types.

(b)

Public participation

(1)

In general

Before promulgating a proposed rule under subtitle VI of title 49, United States Code, if the proposed rule is likely to lead to the promulgation of a major rule the Secretary shall—

(A)

issue an advance notice of proposed rulemaking; or

(B)

determine to proceed with a negotiated rulemaking.

(2)

Requirements

Each advance notice of proposed rulemaking issued under paragraph (1) shall—

(A)

identify the compelling public concern for a potential regulatory action, such as failures of private markets to protect or improve the safety of the public, the environment, or the well-being of the American people;

(B)

identify and request public comment on the best available science or technical information on the need for regulatory action and on the potential regulatory alternatives;

(C)

request public comment on the benefits and costs of potential regulatory alternatives reasonably likely to be included or analyzed as part of the notice of proposed rulemaking; and

(D)

request public comment on the available alternatives to direct regulation, including providing economic incentives to encourage the desired behavior.

(3)

Waiver

This subsection shall not apply when the Secretary, for good cause, finds (and incorporates the finding and a brief statement of reasons for such finding in the proposed or final rule) an advance notice of proposed rulemaking impracticable, unnecessary, or contrary to the public interest.

(c)

Savings clause

Nothing in this section may be construed to limit the contents of any Advance Notice of Proposed Rulemaking.

E

State authorities

2501.

Emergency route working group

(a)

In general

(1)

Establishment

Not later than 1 year after the date of enactment of this Act, the Secretary shall establish a working group to determine best practices for expedient State approval of special permits for vehicles involved in emergency response and recovery.

(2)

Members

The working group shall include representatives from—

(A)

State highway transportation departments or agencies;

(B)

relevant modal agencies within the Department of Transportation;

(C)

emergency response or recovery experts;

(D)

relevant safety groups; and

(E)

persons affected by special permit restrictions during emergency response and recovery efforts.

(b)

Considerations

In determining best practices under subsection (a), the working group shall consider whether—

(1)

hurdles currently exist that prevent the expedient State approval for special permits for vehicles involved in emergency response and recovery;

(2)

it is possible to pre-identify and establish emergency routes between States through which infrastructure repair materials could be delivered following a natural disaster or an emergency;

(3)

a State could pre-designate an emergency route identified under paragraph (1) as a certified emergency route if a motor vehicle that exceeds the otherwise applicable Federal and State truck length or width limits may safely operate along such route during period of emergency recovery; and

(4)

an online map could be created to identify each pre-designated emergency route under paragraph (2), including information on specific limitations, obligations, and notification requirements along that route.

(c)

Report

Not later than 1 year after the date of enactment of this Act, the working group shall submit to the Secretary a report of its findings under this section and any recommendations for the implementation of the best practices for expedient State approval of special permits for vehicles involved in emergency recovery. Upon receipt, the Secretary shall publish the report on a public website.

(d)

Federal Advisory Committee Act exemption

The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the working group established under this section.

2502.

Additional State authority

Notwithstanding any other provision of law, not later than 180 days after the date of enactment of this Act, any State impacted by section 4006 of the Intermodal Surface Transportation Efficiency Act of 1991 (Public Law 102–240; 105 Stat. 2148) shall be provided the option to update the routes listed in the final list as long as the update shifts routes to divided highways or does not increase centerline miles by more than 5 percent and the change is expected to increase safety performance.

2503.

Commercial driver access

(a)

Interstate Compact pilot program

(1)

In general

The Administrator of the Federal Motor Carrier Safety Administration shall establish a 6-year pilot program to study the feasibility, benefits, and safety impacts of allowing a licensed driver between the ages of 18 and 21 to operate a commercial motor vehicle in interstate commerce.

(2)

Interstate Compacts

The Secretary shall allow States, including the District of Columbia, to enter into an interstate compact with contiguous States to allow a licensed driver between the ages of 18 and 21 to operate a motor vehicle across the applicable State lines. The Secretary shall approve as many as 6 interstate compacts, with no limit on the number of States participating in each interstate compact.

(3)

Mutual recognition of licenses

A valid intrastate commercial driver’s licenses issued by a State participating in an interstate compact under paragraph (2) shall be recognized as valid in each State that is participating in that interstate compact.

(4)

Standards

In developing an interstate compact under this subsection, participating States shall provide for minimum licensure standards acceptable for interstate travel under this section, which may include, for a licensed driver between the ages of 18 and 21 participating in the pilot program—

(A)

age restrictions;

(B)

distance from origin (measured in air miles);

(C)

reporting requirements; or

(D)

additional hours of service restrictions.

(5)

Limitations

An interstate compact under paragraph (2) may not permit special configuration or hazardous cargo operations to be transported by a licensed driver under the age of 21.

(6)

Additional requirements

The Secretary may—

(A)

prescribe such additional requirements, including training, for a licensed driver between the ages of 18 and 21 participating in the pilot program as the Secretary considers necessary; and

(B)

provide risk mitigation restrictions and limitations.

(b)

Approval

An interstate compact under subsection (a)(2) may not go into effect until it has been approved by the governor of each State (or the Mayor of the District of Columbia, if applicable) that is a party to the interstate compact, after consultation with the Secretary of Transportation and the Administrator of the Federal Motor Carrier Safety Administration.

(c)

Report

Not earlier than 4 years after the date the test program is established, the Secretary shall submit to Congress a report containing the findings of the pilot program, a determination of whether a licensed driver between the ages of 18 and 21 can operate a commercial motor vehicle in interstate commerce with an equivalent level of safety, and the reasons for that determination.

F

Motor carrier safety grant consolidation

2601.

Definitions

(a)

In general

Section 31101 is amended—

(1)

by redesignating paragraph (4) as paragraph (5); and

(2)

by inserting after paragraph (3) the following:

(4)

Secretary means the Secretary of Transportation.

.

(b)

Technical and conforming amendments

Section 31101, as amended by subsection (a), is amended—

(1)

in paragraph (1)(B), by inserting a comma after passengers; and

(2)

in paragraph (1)(C), by striking of Transportation.

2602.

Grants to States

(a)

Motor Carrier Safety Assistance Program

Section 31102 is amended to read as follows:

31102.

Motor Carrier Safety Assistance Program

(a)

In general

The Secretary shall administer a motor carrier safety assistance program funded under section 31104.

(b)

Goal

The goal of the program is to ensure that the Secretary, States, local governments, other political jurisdictions, federally recognized Indian tribes, and other persons work in partnership to establish programs to improve motor carrier, commercial motor vehicle, and driver safety to support a safe and efficient surface transportation system—

(1)

by making targeted investments to promote safe commercial motor vehicle transportation, including the transportation of passengers and hazardous materials;

(2)

by investing in activities likely to generate maximum reductions in the number and severity of commercial motor vehicle crashes and fatalities resulting from such crashes;

(3)

by adopting and enforcing effective motor carrier, commercial motor vehicle, and driver safety regulations and practices consistent with Federal requirements; and

(4)

by assessing and improving statewide performance by setting program goals and meeting performance standards, measures, and benchmarks.

(c)

State plans

(1)

In general

The Secretary shall prescribe procedures for a State to submit a multiple-year plan, and annual updates thereto, under which the State agrees to assume responsibility for improving motor carrier safety, adopting and enforcing compatible regulations, standards, and orders of the Federal Government on commercial motor vehicle safety and hazardous materials transportation safety.

(2)

Contents

The Secretary shall approve a plan if the Secretary determines that the plan is adequate to comply with the requirements of this section, and the plan—

(A)

implements performance-based activities, including deployment and maintenance of technology to enhance the efficiency and effectiveness of commercial motor vehicle safety programs;

(B)

designates a lead State commercial motor vehicle safety agency responsible for administering the plan throughout the State;

(C)

contains satisfactory assurances that the lead State commercial motor vehicle safety agency has or will have the legal authority, resources, and qualified personnel necessary to enforce the regulations, standards, and orders;

(D)

contains satisfactory assurances that the State will devote adequate resources to the administration of the plan and enforcement of the regulations, standards, and orders;

(E)

provides a right of entry and inspection to carry out the plan;

(F)

provides that all reports required under this section be available to the Secretary on request;

(G)

provides that the lead State commercial motor vehicle safety agency will adopt the reporting requirements and use the forms for recordkeeping, inspections, and investigations that the Secretary prescribes;

(H)

requires all registrants of commercial motor vehicles to demonstrate knowledge of applicable safety regulations, standards, and orders of the Federal Government and the State;

(I)

provides that the State will grant maximum 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 commercial motor vehicles;

(J)

ensures that activities described in subsection (h), if financed through grants to the State made under this section, will not diminish the effectiveness of the development and implementation of the programs to improve motor carrier, commercial motor vehicle, and driver safety as described in subsection (b);

(K)

ensures that the lead State commercial motor vehicle safety 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;

(L)

ensures participation in appropriate Federal Motor Carrier Safety Administration information technology and data systems and other information systems by all appropriate jurisdictions receiving Motor Carrier Safety Assistance Program funding;

(M)

ensures that information is exchanged among the States in a timely manner;

(N)

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 vehicle safety;

(O)

provides satisfactory assurances in the plan that the State will address national priorities and performance goals, including—

(i)

activities aimed at removing impaired commercial motor vehicle drivers from the highways of the United States through adequate enforcement of regulations on the use of alcohol and controlled substances and by ensuring ready roadside access to alcohol detection and measuring equipment;

(ii)

activities aimed at providing an appropriate level of training to State motor carrier safety assistance program officers and employees on recognizing drivers impaired by alcohol or controlled substances; and

(iii)

when conducted with an appropriate commercial motor vehicle inspection, criminal interdiction activities, and appropriate strategies for carrying out those interdiction activities, including interdiction activities that affect the transportation of controlled substances (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 Regulations, as updated and republished from time to time) by any occupant of a commercial motor vehicle;

(P)

provides that the State has established and dedicated sufficient resources to a program to ensure that—

(i)

the State collects and reports to the Secretary accurate, complete, and timely motor carrier safety data; and

(ii)

the State participates in a national motor carrier safety data correction system prescribed by the Secretary;

(Q)

ensures that the State will cooperate in the enforcement of financial responsibility requirements under sections 13906, 31138, and 31139 of this title, and regulations issued under these sections;

(R)

ensures consistent, effective, and reasonable sanctions;

(S)

ensures that roadside inspections will be conducted at locations that are adequate to protect the safety of drivers and enforcement personnel;

(T)

provides that the State will include in the training manuals for the licensing examination to drive both noncommercial motor vehicles and commercial motor vehicles information on best practices for driving safely in the vicinity of noncommercial and commercial motor vehicles;

(U)

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 those sections or to be operated beyond the scope of the motor carrier's registration;

(V)

provides that the State will conduct comprehensive and highly visible traffic enforcement and commercial motor vehicle safety inspection programs in high-risk locations and corridors;

(W)

except in the case of an imminent hazard or obvious safety hazard, ensures that an inspection of a vehicle transporting passengers for a motor carrier of passengers is conducted at a station, including a weight station, terminal, border crossing, maintenance facility, destination, or other location where adequate food, shelter, and sanitation facilities are available for passengers, and reasonable accommodations are available for passengers with disabilities;

(X)

ensures that the State will transmit to its roadside inspectors the notice of each Federal exemption granted under section 31315(b) of this title and sections 390.23 and 390.25 of title 49 of the Code of Federal Regulations and provided 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;

(Y)

except as provided in subsection (d), provides that the State—

(i)

will conduct safety audits of interstate and, at the State’s discretion, intrastate new entrant motor carriers under section 31144(g) of this title; and

(ii)

if the State authorizes a third party to conduct safety audits under section 31144(g) on its behalf, the State verifies the quality of the work conducted and remains solely responsible for the management and oversight of the activities;

(Z)

provides that the State agrees to fully participate in the performance and registration information system management under section 31106(b) not later than October 1, 2020, by complying with the conditions for participation under paragraph (3) of that section;

(AA)

provides that a State that shares a land border with another country—

(i)

will conduct a border commercial motor vehicle safety program focusing on international commerce that includes enforcement and related projects; or

(ii)

will forfeit all funds calculated by the Secretary based on border-related activities if the State declines to conduct the program described in clause (i) in its plan; and

(BB)

provides that a State that meets the other requirements of this section and agrees to comply with the requirements established in subsection (l)(3) may fund deployment, operation, and maintenance costs associated with innovative technology deployment under subsection (l)(3) with Motor Carrier Safety Assistance Program funds authorized under section 31104(a)(1).

(3)

Publication

(A)

In general

Subject to subparagraph (B), the Secretary shall publish each approved State multiple-year plan, and each annual update thereto, on the Department of Transportation's public website not later than 30 days after the date the Secretary approves the plan or update.

(B)

Limitation

Before posting an approved State multiple-year plan or annual update under subparagraph (A), the Secretary shall redact any information identified by the State that, if disclosed—

(i)

would reasonably be expected to interfere with enforcement proceedings; or

(ii)

would reveal enforcement techniques or procedures that would reasonable by expected to risk circumvention of the law.

(d)

Exclusion of U.S. territories

The requirement that a State conduct safety audits of new entrant motor carriers under subsection (c)(2)(Y) does not apply to a territory of the United States unless required by the Secretary.

(e)

Intrastate compatibility

The Secretary shall prescribe regulations specifying tolerance guidelines and standards for ensuring compatibility of intrastate commercial motor vehicle safety laws, including regulations, with Federal motor carrier safety regulations to be enforced under subsections (b) and (c). To the extent practicable, the guidelines and standards shall allow for maximum flexibility while ensuring a degree of uniformity that will not diminish motor vehicle safety.

(f)

Maintenance of effort

(1)

Baseline

Except as provided under paragraphs (2) and (3) and in accordance with section 2608 of the Comprehensive Transportation and Consumer Protection Act of 2015, a State plan under subsection (c) shall provide that the total expenditure of amounts of the lead State commercial motor vehicle safety agency responsible for administering the plan will be maintained at a level each fiscal year at least equal to—

(A)

the average level of that expenditure for fiscal years 2004 and 2005; or

(B)

the level of that expenditure for the year in which the Secretary implements a new allocation formula under section 2608 of the Comprehensive Transportation and Consumer Protection Act of 2015.

(2)

Adjusted baseline after fiscal year 2017

At the request of a State, the Secretary may evaluate additional documentation related to the maintenance of effort and may make reasonable adjustments to the maintenance of effort baseline after fiscal year 2017, and this adjusted baseline will replace the maintenance of effort requirement under paragraph (1).

(3)

Waivers

At the request of a State, the Secretary may waive or modify the requirements of this subsection for 1 fiscal year if the Secretary determines that a waiver or modification is reasonable, based on circumstances described by the State, to ensure the continuation of commercial motor vehicle enforcement activities in the State.

(4)

Level of State expenditures

In estimating the average level of State expenditure under paragraph (1), the Secretary—

(A)

may allow the State to exclude State expenditures for federally sponsored demonstration and pilot programs and strike forces;

(B)

may allow the State to exclude expenditures for activities related to border enforcement and new entrant safety audits; and

(C)

shall require the State to exclude State matching amounts used to receive Federal financing under section 31104.

(g)

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 match required under section 31104 of this title or maintenance of effort required by subsection (f).

(h)

Use of grants To enforce other laws

When approved in the States' plan under subsection (c), a State may use Motor Carrier Safety Assistance Program funds received under this section—

(1)

if the activities are carried out in conjunction with an appropriate inspection of a commercial motor vehicle to enforce Federal or State commercial motor vehicle safety regulations, for—

(A)

enforcement of commercial motor vehicle 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 vehicle, or at ports where intermodal shipping containers enter and leave the United States; and

(B)

detection of and enforcement actions taken as a result of criminal activity, including the trafficking of human beings, in a commercial motor vehicle or by any occupant, including the operator, of the commercial motor vehicle;

(2)

for documented enforcement of State traffic laws and regulations designed to promote the safe operation of commercial motor vehicles, including documented enforcement of such laws and regulations relating to noncommercial motor vehicles when necessary to promote the safe operation of commercial motor vehicles, if—

(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 activities conducted in the State in fiscal years 2004 and 2005; and

(B)

the State does not use more than 10 percent of the basic amount the State receives under a grant awarded under section 31104(a)(1) for enforcement activities relating to noncommercial motor vehicles necessary to promote the safe operation of commercial motor vehicles unless the Secretary determines that a higher percentage will result in significant increases in commercial motor vehicle safety; and

(3)

for the enforcement of household goods regulations on intrastate and interstate carriers if the State has adopted laws or regulations compatible with the Federal household goods regulations.

(i)

Evaluation of plans and award of grants

(1)

Awards

The Secretary shall establish criteria for the application, evaluation, and approval of State plans under this section. Subject to subsection (j), the Secretary may allocate the amounts made available under section 31104(a)(1) among the States.

(2)

Opportunity to cure

If the Secretary disapproves a plan under this section, the Secretary shall give the State a written explanation of the reasons for disapproval and allow the State to modify and resubmit the plan for approval.

(j)

Allocation of funds

(1)

In general

The Secretary, by regulation, shall prescribe allocation criteria for funds made available under section 31104(a)(1).

(2)

Annual allocations

On October 1 of each fiscal year, or as soon as practicable thereafter, and after making a deduction under section 31104(c), the Secretary shall allocate amounts made available in section 31104(a)(1) to carry out this section for the fiscal year among the States with plans approved under this section in accordance with the criteria under paragraph (1).

(3)

Elective adjustments

Subject to the availability of funding and notwithstanding fluctuations in the data elements used by the Secretary to calculate the annual allocation amounts, after the creation of a new allocation formula under section 2608 of the Comprehensive Transportation and Consumer Protection Act of 2015 the Secretary may not make elective adjustments to the allocation formula that decrease a State’s Federal funding levels by more than 3 percent in a fiscal year. The 3-percent limit shall not apply to the withholding provisions of subsection (k).

(k)

Plan monitoring

(1)

In general

On the basis of reports submitted by the lead State agency responsible for administering an approved State plan and an investigation by the Secretary, the Secretary shall periodically evaluate State implementation of and compliance with the State plan.

(2)

Withholding of funds

(A)

Disapproval

If, after notice and an opportunity to be heard, the Secretary finds that the State plan previously approved is not being followed or has become inadequate to ensure enforcement of the regulations, standards, or orders, or the State is otherwise not in compliance with the requirements of this section, the Secretary may withdraw approval of the plan and notify the State. The plan is no longer in effect once the State receives notice, and the Secretary shall withhold all funding under this section.

(B)

Noncompliance withholding

In lieu of withdrawing approval of the plan, the Secretary may, after providing notice and an opportunity to be heard, withhold funding from the State to which the State would otherwise be entitled under this section for the period of the State's noncompliance. In exercising this option, the Secretary may withhold—

(i)

up to 5 percent of funds during the fiscal year that the Secretary notifies the State of its noncompliance;

(ii)

up to 10 percent of funds for the first full fiscal year of noncompliance;

(iii)

up to 25 percent of funds for the second full fiscal year of noncompliance; and

(iv)

not more than 50 percent of funds for the third and any subsequent full fiscal year of noncompliance.

(3)

Judicial review

A State adversely affected by a determination under paragraph (2) may seek judicial review under chapter 7 of title 5. Notwithstanding the disapproval of a State plan under paragraph (2)(A) or the withholding under paragraph (2)(B), the State may retain jurisdiction in an administrative or a judicial proceeding that commenced before the notice of disapproval or withholding if the issues involved are not related directly to the reasons for the disapproval or withholding.

(l)

High priority financial assistance program

(1)

In general

The Secretary shall administer a high priority financial assistance program funded under section 31104 for the purposes described in paragraphs (2) and (3).

(2)

Activities related to motor carrier safety

The purpose of this paragraph is to make discretionary grants to and cooperative agreements with States, local governments, federally recognized Indian tribes, other political jurisdictions as necessary, and any person to carry out high priority activities and projects that augment motor carrier safety activities and projects planned in accordance with subsections (b) and (c), including activities and projects that—

(A)

increase public awareness and education on commercial motor vehicle safety;

(B)

target unsafe driving of commercial motor vehicles and non-commercial motor vehicles in areas identified as high risk crash corridors;

(C)

support the enforcement of State household goods regulations on intrastate and interstate carriers if the State has adopted laws or regulations compatible with the Federal household good laws;

(D)

improve the safe and secure movement of hazardous materials;

(E)

improve safe transportation of goods and persons in foreign commerce;

(F)

demonstrate new technologies to improve commercial motor vehicle safety;

(G)

support participation in performance and registration information systems management under section 31106(b)—

(i)

for entities not responsible for submitting the plan under subsection (c); or

(ii)

for entities responsible for submitting the plan under subsection (c)—

(I)

before October 1, 2020, to achieve compliance with the requirements of participation; and

(II)

beginning on October 1, 2020, or once compliance is achieved, whichever is sooner, for special initiatives or projects that exceed routine operations required for participation;

(H)

conduct safety data improvement projects—

(i)

that complete or exceed the requirements under subsection (c)(2)(P) for entities not responsible for submitting the plan under subsection (c); or

(ii)

that exceed the requirements under subsection (c)(2)(P) for entities responsible for submitting the plan under subsection (c); and

(I)

otherwise improve commercial motor vehicle safety and compliance with commercial motor vehicle safety regulations.

(3)

Innovative technology deployment grant program

(A)

In general

The Secretary shall establish an innovative technology deployment grant program to make discretionary grants funded under section 31104(a)(2) to eligible States for the innovative technology deployment of commercial motor vehicle information systems and networks.

(B)

Purposes

The purposes of the program shall be—

(i)

to advance the technological capability and promote the deployment of intelligent transportation system applications for commercial motor vehicle operations, including commercial motor vehicle, commercial driver, and carrier-specific information systems and networks; and

(ii)

to support and maintain commercial motor vehicle information systems and networks—

(I)

to link Federal motor carrier safety information systems with State commercial motor vehicle systems;

(II)

to improve the safety and productivity of commercial motor vehicles and drivers; and

(III)

to reduce costs associated with commercial motor vehicle operations and Federal and State commercial vehicle regulatory requirements.

(C)

Eligibility

To be eligible for a grant under this paragraph, a State shall—

(i)

have a commercial motor vehicle information systems and networks program plan approved 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;

(ii)

certify to the Secretary that its commercial motor vehicle information systems and networks deployment activities, including hardware procurement, software and system development, and infrastructure modifications—

(I)

are consistent with the national intelligent transportation systems and commercial motor vehicle information systems and networks architectures and available standards; and

(II)

promote interoperability and efficiency to the extent practicable; and

(iii)

agree to execute interoperability tests developed by the Federal Motor Carrier Safety Administration to verify that its systems conform with the national intelligent transportation systems architecture, applicable standards, and protocols for commercial motor vehicle information systems and networks.

(D)

Use of funds

Grant funds may be used—

(i)

for deployment activities and activities to develop new and innovative advanced technology solutions that support commercial motor vehicle information systems and networks;

(ii)

for planning activities, including the development or updating of program or top level design plans in order to become eligible or maintain eligibility under subparagraph (C); and

(iii)

for the deployment, operation, and maintenance costs associated with innovative technology.

(E)

Secretary authorization

The Secretary is authorized to award a State funding for the deployment, operation, and maintenance costs associated with innovative technology deployment with funds made available under both sections 31104(a)(1) and 31104(a)(2) of this title.

.

(b)

Commercial Motor Vehicle Operators Grant Program

Section 31103 is amended to read as follows:

31103.

Commercial Motor Vehicle Operators Grant Program

(a)

In general

The Secretary shall administer a commercial motor vehicle operators grant program funded under section 31104.

(b)

Purpose

The purpose of the grant program is to train individuals in the safe operation of commercial motor vehicles (as defined in section 31301).

.

(c)

Authorization of appropriations

Section 31104 is amended to read as follows:

31104.

Authorization of appropriations

(a)

Financial assistance programs

The following sums are authorized to be appropriated from the Highway Trust Fund for the following Federal Motor Carrier Safety Administration Financial Assistance Programs:

(1)

Motor carrier safety assistance program

Subject to paragraph (2) of this subsection and subsection (c) of this section, to carry out section 31102—

(A)

$250,389,000 for fiscal year 2017;

(B)

$255,648,000 for fiscal year 2018;

(C)

$261,016,000 for fiscal year 2019;

(D)

$266,497,000 for fiscal year 2020; and

(E)

$272,094,000 for fiscal year 2021.

(2)

High priority activities financial assistance program

Subject to subsection (c), to make grants and cooperative agreements under section 31102(l) of this title, the Secretary may set aside from amounts made available under paragraph (1) of this subsection up to—

(A)

$42,323,000 for fiscal year 2017;

(B)

$43,212,000 for fiscal year 2018;

(C)

$44,119,000 for fiscal year 2019;

(D)

$45,046,000 for fiscal year 2020; and

(E)

$45,992,000 for fiscal year 2021.

(3)

Commercial motor vehicle operators grant program

To carry out section 31103—

(A)

$1,000,000 for fiscal year 2017;

(B)

$1,000,000 for fiscal year 2018;

(C)

$1,000,000 for fiscal year 2019;

(D)

$1,000,000 for fiscal year 2020; and

(E)

$1,000,000 for fiscal year 2021.

(4)

Commercial driver's license program implementation financial assistance program

Subject to subsection (c), to carry out section 31313—

(A)

$31,273,000 for fiscal year 2017;

(B)

$31,930,000 for fiscal year 2018;

(C)

$32,600,000 for fiscal year 2019;

(D)

$33,285,000 for fiscal year 2020; and

(E)

$33,984,000 for fiscal year 2021.

(b)

Reimbursement and payment to recipients for Government share of costs

(1)

In general

Amounts made available under subsection (a) shall be used to reimburse financial assistance recipients proportionally for the Federal Government's share of the costs incurred.

(2)

Reimbursement amounts

The Secretary shall reimburse a recipient, in accordance with a financial assistance agreement made under section 31102, 31103, or 31313, an amount that is at least 85 percent of the costs incurred by the recipient in a fiscal year in developing and implementing programs under these sections. The Secretary shall pay the recipient an amount not more than the Federal Government share of the total costs approved by the Federal Government in the financial assistance agreement. The Secretary shall include a recipient's in-kind contributions in determining the reimbursement.

(3)

Vouchers

Each recipient shall submit vouchers at least quarterly for costs the recipient incurs in developing and implementing programs under section 31102, 31103, or 31313.

(c)

Deductions 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 paragraphs (1), (2), and (4) of subsection (a) 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-Federal Government employees and to develop related training materials in carrying out these programs.

(d)

Grants and cooperative agreements as contractual obligations

The approval of a financial assistance agreement by the Secretary under section 31102, 31103, or 31313 is a contractual obligation of the Federal Government for payment of the Federal Government's share of costs in carrying out the provisions of the grant or cooperative agreement.

(e)

Eligible activities

The Secretary shall establish criteria for eligible activities to be funded with financial assistance agreements under this section and publish those criteria in a notice of funding availability before the financial assistance program application period.

(f)

Period of availability of financial assistance agreement funds for recipient expenditures

(1)

In general

The period of availability for a recipient to expend a grant or cooperative agreement authorized under subsection (a) is as follows:

(A)

For grants made for carrying out section 31102, other than section 31102(l), for the fiscal year in which it is obligated and for the next fiscal year.

(B)

For grants or cooperative agreements made for carrying out section 31102(l)(2), for the fiscal year in which it is obligated and for the next 2 fiscal years.

(C)

For grants made for carrying out section 31102(l)(3), for the fiscal year in which it is obligated and for the next 4 fiscal years.

(D)

For grants made for carrying out section 31103, for the fiscal year in which it is obligated and for the next fiscal year.

(E)

For grants or cooperative agreements made for carrying out 31313, for the fiscal year in which it is obligated and for the next 4 fiscal years.

(2)

Reobligation

Amounts not expended by a recipient during the period of availability shall be released back to the Secretary for reobligation for any purpose under sections 31102, 31103, 31104, and 31313 in accordance with subsection (i) of this section.

(g)

Contract authority; initial date of availability

Amounts authorized from the Highway Trust Fund by this section shall be available for obligation on the date of their apportionment or allocation or on October 1 of the fiscal year for which they are authorized, whichever occurs first.

(h)

Availability of funding

Amounts made available under this section shall remain available until expended.

(i)

Transfer of obligation authority

(1)

In general

Of the contract authority authorized in this section, the Secretary shall have authority to transfer available unobligated contract authority and associated liquidating cash within or between Federal financial assistance programs authorized under this section and make new Federal financial assistance awards under this section.

(2)

Cost estimates

Of the funds transferred, the contract authority and associated liquidating cash or obligations and expenditures stemming from Federal financial assistance awards made with this contract authority shall not be scored as new obligations by the Congressional Budget Office or by the Secretary.

(3)

No limitation on total of obligations

Notwithstanding any other provision of law, no limitation on the total of obligations for Federal financial assistance programs carried out by the Federal Motor Carrier Safety Administration under this section shall apply to unobligated funds transferred under this subsection.

.

(d)

Technical and conforming amendments

(1)

Safety fitness of owners and operator; safety reviews of new operators

Section 31144(g) is amended by striking paragraph (5).

(2)

Information systems; performance and registration information program

Section 31106(b) is amended by striking paragraph (4).

(3)

Border enforcement grants

Section 31107 is repealed.

(4)

Performance and registration information system management

Section 31109 is repealed.

(5)

Table of contents

The table of contents of chapter 311 is amended—

(A)

by striking the items relating to 31107 and 31109; and

(B)

by striking the items relating to sections 31102, 31103, and 31104 and inserting the following:

31102. Motor Carrier Safety Assistance Program.

31103. Commercial Motor Vehicle Operators Grant Program.

31104. Authorization of appropriations.

.

(6)

Grants for commercial driver's license program implementation

Section 31313(a), as amended by section 2606 of this Act, is further amended by striking The Secretary of Transportation shall administer a financial assistance program for commercial driver's license program implementation for the purposes described in paragraphs (1) and (2) and inserting The Secretary of Transportation shall administer a financial assistance program for commercial driver’s license program implementation funded under section 31104 of this title for the purposes described in paragraphs (1) and (2).

(7)

Commercial vehicle information systems and networks deployment

Section 4126 of SAFETEA–LU (49 U.S.C. 31106 note) is repealed.

(8)

Safety data improvement program

Section 4128 of SAFETEA–LU (49 U.S.C. 31100 note) is repealed.

(9)

Grant program for commercial motor vehicle operators

Section 4134 of SAFETEA–LU (49 U.S.C. 31301 note) is repealed.

(10)

Winter home heating oil delivery State flexibility program

Section 346 of National Highway System Designation Act of 1995 (49 U.S.C. 31166 note) is repealed.

(11)

Maintenance of effort as condition on grants to States

Section 103(c) of the Motor Carrier Safety Improvement Act of 1999 (49 U.S.C. 31102 note) is repealed.

(12)

State compliance with CDL requirements

Section 103(e) of the Motor Carrier Safety Improvement Act of 1999 (49 U.S.C. 31102 note) is repealed.

(13)

Border staffing standards

Section 218(d) of the Motor Carrier Safety Improvement Act of 1999 (49 U.S.C. 31133 note) is amended—

(A)

in paragraph (1), by striking under section 31104(f)(2)(B) of title 49, United States Code and inserting section 31104(a)(1) of title 49, United States Code; and

(B)

by striking paragraph (3).

(e)

Effective date

The amendments made by this section shall take effect on October 1, 2016.

(f)

Transition

Notwithstanding the amendments made by this section, the Secretary shall carry out sections 31102, 31103, 31104, and any sections repealed under subsection (d) of this section, as necessary, as those sections were in effect on the day before October 1, 2016, with respect to applications for grants, cooperative agreements, or contracts under those sections submitted before October 1, 2016.

2603.

New entrant safety review program study

(a)

In general

Not later than 1 year after the date of enactment of this Act, the Office of Inspector General of the Department of Transportation shall report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure in the House of Representatives on its assessment of the new operator safety review program, required under section 31144(g) of title 49, United States Code, including the program’s effectiveness in reducing commercial motor vehicles involved in crashes, fatalities, and injuries, and in improving commercial motor vehicle safety.

(b)

Report

Not later than 90 days after completion of the report under subsection (a), the Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure in the House of Representatives a report on the actions the Secretary will take to address any recommendations included in the study under subsection (a).

(c)

Paperwork Reduction Act of 1995; exception

The study and the Office of the Inspector General assessment shall not be subject to section 3506 or section 3507 of title 44, United States Code.

2604.

Performance and registration information systems management

Section 31106(b) is amended in the heading by striking program and inserting systems management.

2605.

Authorization of appropriations

(a)

In general

Subchapter I of chapter 311 is amended by adding at the end the following:

31110.

Authorization of appropriations

(a)

Administrative expenses

There are authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) for the Secretary of Transportation to pay administrative expenses of the Federal Motor Carrier Safety Administration—

(1)

$264,439,000 for fiscal year 2016;

(2)

$269,992,000 for fiscal year 2017;

(3)

$275,662,000 for fiscal year 2018;

(4)

$281,451,000 for fiscal year 2019;

(5)

$287,361,000 for fiscal year 2020; and

(6)

$293,396,000 for fiscal year 2021.

(b)

Use of funds

The funds authorized by this section shall be used—

(1)

for personnel costs;

(2)

for administrative infrastructure;

(3)

for rent;

(4)

for information technology;

(5)

for programs for research and technology, information management, regulatory development, the administration of the performance and registration information systems management;

(6)

for programs for outreach and education under subsection (d);

(7)

to fund the motor carrier safety facility working capital fund established under subsection (c);

(8)

for other operating expenses;

(9)

to conduct safety reviews of new operators; and

(10)

for such other expenses as may from time to time become necessary to implement statutory mandates of the Federal Motor Carrier Safety Administration not funded from other sources.

(c)

Motor carrier safety facility working capital fund

(1)

In general

The Secretary may establish a motor carrier safety facility working capital fund.

(2)

Purpose

Amounts in the fund shall be available for modernization, construction, leases, and expenses related to vacating, occupying, maintaining, and expanding motor carrier safety facilities, and associated activities.

(3)

Availability

Amounts in the fund shall be available without regard to fiscal year limitation.

(4)

Funding

Amounts may be appropriated to the fund from the amounts made available in subsection (a).

(5)

Fund transfers

The Secretary may transfer funds to the working capital fund from the amounts made available in subsection (a) or from other funds as identified by the Secretary.

(d)

Outreach and education program

(1)

In general

The Secretary may conduct, through any combination of grants, contracts, cooperative agreements, or other activities, an internal and external outreach and education program to be administered by the Administrator of the Federal Motor Carrier Safety Administration.

(2)

Federal share

The Federal share of an outreach and education program for which a grant, contract, or cooperative agreement is made under this subsection may be up to 100 percent of the cost of the grant, contract, or cooperative agreement.

(3)

Funding

From amounts made available in subsection (a), the Secretary shall make available such sums as are necessary to carry out this subsection each fiscal year.

(e)

Contract authority; initial date of availability

Amounts authorized from the Highway Trust Fund by this section shall be available for obligation on the date of their apportionment or allocation or on October 1 of the fiscal year for which they are authorized, whichever occurs first.

(f)

Funding availability

Amounts made available under this section shall remain available until expended.

(g)

Contractual obligation

The approval of funds by the Secretary under this section is a contractual obligation of the Federal Government for payment of the Federal Government's share of costs.

.

(b)

Technical and conforming amendments

(1)

Administrative expenses; authorization of appropriations

Section 31104 is amended—

(A)

by striking subsection (i); and

(B)

by redesignating subsections (j) and (k) and subsections (i) and (j), respectively.

(2)

Use of amounts made available under subsection (i)

Section 4116(d) of SAFETEA–LU (49 U.S.C. 31104 note) is amended by striking section 31104(i) and inserting section 31110.

(3)

Internal cooperation

Section 31161 is amended by striking 31104(i) and inserting 31110.

(4)

SAFETEA–LU; outreach and education

Section 4127 of SAFETEA–LU (119 Stat. 1741; Public Law 109–59) is repealed.

(5)

Table of contents

The table of contents of subchapter I of chapter 311 is amended by adding at the end the following:

31110. Authorization of appropriations.

.

2606.

Commercial driver's license program implementation

(a)

In general

Section 31313 is amended to read as follows:

31313.

Commercial driver's license program implementation financial assistance program

(a)

In general

The Secretary of Transportation shall administer a financial assistance program for commercial driver’s license program implementation for the purposes described in paragraphs (1) and (2).

(1)

State commercial driver's license program improvement grants

The Secretary of Transportation may make a grant to a State agency in a fiscal year—

(A)

to comply with the requirements of section 31311; and

(B)

in the case of a State that is making a good faith effort toward substantial compliance with the requirements of section 31311, to improve its implementation of its commercial driver's license program, including expenses—

(i)

for computer hardware and software;

(ii)

for publications, testing, personnel, training, and quality control;

(iii)

for commercial driver's license program coordinators; and

(iv)

to implement or maintain a system to notify an employer of an operator of a commercial motor vehicle of the suspension 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 fiscal year to a State agency, local government, or any person for research, development or testing, demonstration projects, public education, or other special activities and projects relating to commercial driver's licensing and motor vehicle safety that—

(A)

benefit all jurisdictions of the United States;

(B)

address national safety concerns and circumstances;

(C)

address emerging issues relating to commercial driver's license improvements;

(D)

support innovative ideas and solutions to commercial driver's license program issues; or

(E)

address other commercial driver’s license issues, as determined by the Secretary.

(b)

Prohibitions

A recipient may not use financial assistance funds awarded under this section to rent, lease, or buy land or buildings.

(c)

Report

The Secretary shall issue an annual report on the activities carried out under this section.

(d)

Apportionment

All amounts made available to carry out this section for a fiscal year shall be apportioned to a State or recipient described in subsection (a)(2) according to criteria prescribed by the Secretary.

.

(b)

Technical and conforming amendments

The table of contents of chapter 313 is amended by striking the item relating to section 31313 and inserting the following:

31313. Commercial driver's license program implementation financial assistance program.

.

2607.

Extension of Federal motor carrier safety programs for fiscal year 2016

(a)

Motor carrier safety assistance program grant extension

Section 31104(a) is amended—

(1)

in paragraph (9), by striking and at the end; and

(2)

by striking paragraph (10) and inserting the following:

(10)

$218,000,000 for fiscal year 2015; and

(11)

$218,000,000 for fiscal year 2016.

.

(b)

Extension of grant programs

Section 4101(c) SAFETEA–LU (119 Stat. 1715; Public Law 109–59), is amended to read as follows:

(c)

Grant programs funding

There are authorized to be appropriated from the Highway Trust Fund the following sums for the following Federal Motor Carrier Safety Administration programs:

(1)

Commercial driver's license program improvement grants

For carrying out the commercial driver’s license program improvement grants program under section 31313 of title 49, United States Code, $30,000,000 for fiscal year 2016.

(2)

Border enforcement grants

From amounts made available under section 31104(a) of title 49, United States Code, for border enforcement grants under section 31107 of that title, $32,000,000 for fiscal year 2016.

(3)

Performance and registration information systems management grant programs

From amounts made available under section 31104(a) of title 49, United States Code, for the performance and registration information systems management grant program under section 31109 of that title, $5,000,000 for fiscal year 2016.

(4)

Commercial vehicle information systems and networks deployment

For carrying out the commercial vehicle information systems and networks deployment program under section 4126 of this Act (the information technology deployment program), $25,000,000, for fiscal year 2016.

(5)

Safety data improvement grants

From amounts made available under section 31104(a) of title 49, United States Code, for safety data improvement grants under section 4128 of this Act, $3,000,000 for fiscal year 2016.

.

(c)

High-Priority activities

Section 31104(j)(2), as redesignated by section 2605 of this Act is amended by striking 2014 and up to $12,493,151 for the period beginning on October 1, 2014, and ending on July 31, 2015,, and inserting 2016.

(d)

New entrant audits

Section 31144(g)(5)(B) is amended to read as follows:

(B)

Set aside

The Secretary shall set aside from amounts made available by section 31104(a) up to $32,000,000 for fiscal year 2016 for audits of new entrant motor carriers conducted under this paragraph.

.

(e)

Grant program for commercial motor vehicle operators

Section 4134(c) of SAFETEA–LU (49 U.S.C. 31301 note) is amended to read as follows:

(c)

Funding

From amounts made available under section 31110 of title 49, United States Code, the Secretary shall make available, $1,000,000 for fiscal year 2016 to carry out the commercial motor vehicle operators grant program.

.

(f)

Commercial vehicle information systems and networks deployment

(1)

In general

Section 4126 of SAFETEA–LU (49 U.S.C. 31106 note; 119 Stat. 1738; Public Law 109–59) is amended—

(A)

in subsection (c)—

(i)

in paragraph (2), by adding at the end the following: Funds deobligated by the Secretary from previous year grants shall not be counted towards the $2,500,000 maximum aggregate amount for core deployment.; and

(ii)

in paragraph (3), by adding at the end the following: Funds may also be used for planning activities, including the development or updating of program or top level design plans.; and

(B)

in subsection (d)(4), by adding at the end the following: Funds may also be used for planning activities, including the development or updating of program or top level design plans..

(2)

Information technology deployment program

For fiscal year 2016, the commercial vehicle information systems and networks deployment program under section 4126 of SAFETEA–LU (119 Stat. 1738; Public Law 109–59) may also be referred to as the information technology deployment program.

2608.

Motor carrier safety assistance program allocation

(a)

Working group

(1)

Establishment

Not later than 180 days after the date of enactment of this Act, the Secretary shall establish a motor carrier safety assistance program formula working group (referred to in this section as the working group).

(2)

Membership

(A)

In general

Subject to subparagraph (B), the working group shall consist of representatives of the following:

(i)

The Federal Motor Carrier Safety Administration.

(ii)

The lead State commercial motor vehicle safety agencies responsible for administering the plan required by section 31102 of title 49, United States Code.

(iii)

An organization representing State agencies responsible for enforcing a program for inspection of commercial motor vehicles.

(iv)

Such other persons as the Secretary considers necessary.

(B)

Composition

Representatives of State commercial motor vehicle safety agencies shall comprise at least 51 percent of the membership.

(3)

New allocation formula

The working group shall analyze requirements and factors for a new motor carrier safety assistance program allocation formula.

(4)

Recommendation

Not later than 1 year after the date the working group is established under paragraph (1), the working group shall make a recommendation to the Secretary regarding a new Motor Carrier Safety Assistance Program allocation formula.

(5)

FACA exemption

The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the working group established under this subsection.

(6)

Publication

The Administrator of the Federal Motor Carrier Safety Administration shall publish on a public website summaries of its meetings, and the final recommendation provided to the Secretary.

(b)

Notice of proposed rulemaking

After receiving the recommendation under subsection (a)(4), the Secretary shall publish in the Federal Register a notice seeking public comment on a new allocation formula for the motor carrier safety assistance program under section 31102 of title 49, United States Code.

(c)

Basis for formula

The Secretary shall ensure that the new allocation formula is based on factors that reflect, at a minimum—

(1)

the relative needs of the States to comply with section 31102 of title 49, United States Code;

(2)

the relative administrative capacities of and challenges faced by States in complying with section 31102 of title 49, United States Code;

(3)

the average of each State’s new entrant motor carrier inventory for the 3-year period prior to the date of enactment of this Act;

(4)

the number of international border inspection facilities and border crossings by commercial vehicles in each State; and

(5)

any other factors the Secretary considers appropriate.

(d)

Funding amounts prior to development of a new allocation formula

(1)

Interim formula

Prior to the development of the new allocation formula, the Secretary may calculate the interim funding amounts for the motor carrier safety assistance program in fiscal year 2017 (and later fiscal years, as necessary) under section 31104(a)(1) of title 49, United States Code, as amended by section 2602 of this Act, by the following methodology:

(A)

The Secretary shall calculate the funding amount using the allocation formula the Secretary used to award motor carrier safety assistance program funding in fiscal year 2016 under section 2607 of this Act.

(B)

The Secretary shall average the funding awarded or other equitable amounts to a State in fiscal years 2013, 2014, and 2015 for border enforcement grants awarded under section 32603(c) of MAP–21 (126 Stat. 807; Public Law 112–141) and new entrant audit grants awarded under that section, or other equitable amounts.

(C)

The Secretary shall add the amounts calculated in subparagraphs (A) and (B).

(2)

Adjustments

Subject to the availability of funding and notwithstanding fluctuations in the data elements used by the Secretary, the initial amounts resulting from the calculation described in paragraph (1) shall be adjusted to ensure that, for each State, the amount shall not be less than 97 percent of the average amount of funding received or other equitable amounts in fiscal years 2013, 2014, and 2015 for—

(A)

motor carrier safety assistance program funds awarded under section 32603(a) of MAP–21 (126 Stat. 807; Public Law 112–141);

(B)

border enforcement grants awarded under section 32603(a) of MAP–21 (126 Stat. 807; Public Law 112–141); and

(C)

new entrant audit grants awarded under section 32603(a) of MAP–21 (126 Stat. 807; Public Law 112–141).

(3)

Immediate relief

In developing the new allocation formula, the Secretary shall provide immediate relief for at least 3 fiscal years to all States currently subject to the withholding provisions of Motor Carrier Safety Assistance Program funds for matters of noncompliance.

(4)

Future withholdings

Beginning on the date that the new allocation formula is implemented, the Secretary shall impose all future withholdings in accordance with section 31102(k) of title 49, United States Code, as amended by section 2602 of this Act.

(e)

Termination of effectiveness

This section expires upon the implementation of a new Motor Carrier Safety Assistance Program Allocation Formula.

2609.

Maintenance of effort calculation

(a)

Before new allocation formula

(1)

Fiscal year 2017

If a new allocation formula has not been established for fiscal year 2017, then, for fiscal year 2017, the Secretary of Transportation shall calculate the maintenance of effort required under section 31102(f) of title 49, United States Code, as amended by section 2602 of this Act, by averaging the expenditures for fiscal years 2004 and 2005 required by section 32601(a)(5) of MAP–21 (Public Law 112–141), as that section was in effect on the day before the date of enactment of this Act.

(2)

Subsequent fiscal years

The Secretary may use the methodology for calculating the maintenance of effort for fiscal year 2017 and each fiscal year thereafter if a new allocation formula has not been established.

(b)

Beginning with new allocation formation

(1)

In general

Subject to paragraphs (2) and (3)(B), beginning on the date that a new allocation formula is established under section 2608, upon the request of a State, the Secretary may modify the baseline maintenance of effort required by section 31102(e) of title 49, United States Code, as amended by section 2602 of this Act, for the purpose of establishing a new baseline maintenance of effort if the Secretary determines that a waiver or modification—

(A)

is equitable due to reasonable circumstances;

(B)

will ensure the continuation of commercial motor vehicle enforcement activities in the State; and

(C)

is necessary to ensure that the total amount of State maintenance of effort and matching expenditures required under sections 31102 and 31104 of title 49, United States Code, as amended by section 2602 of this Act, does not exceed a sum greater than the total amount of State maintenance of effort and matching expenditures for the 3 fiscal years prior to the date of enactment of this Act.

(2)

Adjustment methodology

If requested by a State, the Secretary may modify the maintenance of effort baseline according to the following methodology:

(A)

The Secretary shall establish the maintenance of effort using the average of fiscal years 2004 and 2005, as required by section 32601(a)(5) of MAP–21 (Public Law 112–141).

(B)

The Secretary shall calculate the average required match by a lead State commercial motor vehicle safety agency for fiscal years 2013, 2014, and 2015 for motor carrier safety assistance grants established at 20 percent by section 31103 of title 49, United States Code, as that section was in effect on the day before the date of enactment of this Act.

(C)

The Secretary shall calculate the estimated match required under section 31104(b) of title 49, United States Code, as amended by section 2602 of this Act.

(D)

The Secretary will subtract the amount in subparagraph (B) from the amount in subparagraph (C) and—

(i)

if the number is greater than 0, then the Secretary shall subtract the number from the amount in subparagraph (A); or

(ii)

if the number is not greater than 0, then the Secretary shall calculate the maintenance of effort using the methodology in subparagraph (A).

(3)

Maintenance of effort amount

(A)

In general

The Secretary shall use the amount calculated in paragraph (2) as the baseline maintenance of effort required in section 31102(f) of title 49, United States Code, as amended by section 2602 of this Act.

(B)

Deadline

If a State does not request a waiver or modification under this subsection before September 30 during the first fiscal year that the Secretary implements the new allocation formula under section 2608, the Secretary shall calculate the maintenance of effort using the methodology in paragraph (2)(A) of this subsection.

(4)

Maintenance of effort described

The maintenance of effort calculated under this section is the amount required under section 31102(f) of title 49, United States Code, as amended by section 2602 of this Act.

(c)

Termination of effectiveness

The authority under this section terminates effective on the date that the new maintenance of effort is calculated based on the new allocation formula implemented under section 2608.

G

Miscellaneous provisions

2701.

Windshield technology

(a)

In general

Not later than 180 days after the date of enactment of this Act, the Secretary shall revise the regulations in section 393.60(e) of title 49, Code of Federal Regulations (relating to the prohibition on obstructions to the driver's field of view), to exempt from that section the voluntary mounting on a windshield of vehicle safety technology likely to achieve a level of safety that is equivalent to or greater than the level of safety that would be achieved absent the exemption.

(b)

Definition of vehicle safety technology

In this section, vehicle safety technology includes fleet-related incident management system, performance or behavior management system, speed management system, lane departure warning system, forward collision warning or mitigation system, active cruise control system, and any other technology that the Secretary considers applicable.

(c)

Rule of construction

For purposes of this section, any windshield mounted technology with a short term exemption under part 381 of title 49, Code of Federal Regulations, on the day before the date of enactment of this Act, shall be considered likely to achieve a level of safety that is equivalent to or greater than the level of safety that would be achieved absent an exemption under subsection (a).

2702.

Electronic logging devices requirements

Section 31137(b) is amended—

(1)

in paragraph (1)(C), by striking apply to and inserting except as provided in paragraph (3), apply to; and

(2)

by adding at the end the following:

(3)

Exception

A motor carrier, when transporting a motor home or recreation vehicle trailer within the definition of driveaway-towaway operation (as defined in section 390.5 of title 49, Code of Federal Regulations) may comply with the hours of service requirements by requiring each driver to use—

(A)

a paper record of duty status form; or

(B)

an electronic logging device.

.

2703.

Lapse of required financial security; suspension of registration

Section 13906(e) is amended by inserting or suspend after revoke.

2704.

Access to National Driver Register

Section 30305(b) is amended by adding 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 information under subsection (a) of this section about an individual in connection with a safety investigation under the Administrator’s jurisdiction.

.

2705.

Study on commercial motor vehicle driver commuting

(a)

Effects of commuting

The Administrator of the Federal Motor Carrier Safety Administration shall conduct a study of the effects of motor carrier operator commutes exceeding 150 minutes commuting time on safety and commercial motor vehicle driver fatigue.

(b)

Study

In conducting the study, the Administrator shall consider—

(1)

the prevalence of driver commuting in the commercial motor vehicle industry, including the number and percentage of drivers who commute;

(2)

the distances traveled, time zones crossed, time spent commuting, and methods of transportation used;

(3)

research on the impact of excessive commuting on safety and commercial motor vehicle driver fatigue;

(4)

the commuting practices of commercial motor vehicle drivers and policies of motor carriers;

(5)

the Federal Motor Carrier Safety Administration regulations, policies, and guidance regarding driver commuting; and

(6)

any other matters the Administrator considers appropriate.

(c)

Report

Not later than 18 months after the date of enactment of this Act, the Administrator shall submit to Congress a report containing the findings under the study and any recommendations for legislative action concerning driver commuting.

2706.

Household goods consumer protection working group

(a)

Working group

The Secretary shall establish a working group for the purpose of developing recommendations on how to best convey to inexperienced consumers the information such consumers need to know with respect to the Federal laws concerning the interstate transportation of household goods by motor carrier.

(b)

Membership

The Secretary shall ensure that the working group is comprised of individuals with expertise in consumer affairs, educators with expertise in how people learn most effectively, and representatives of the household goods moving industry.

(c)

Recommendations

(1)

Contents

The recommendations developed by the working group shall include, at a minimum, recommendations on—

(A)

condensing publication ESA 03005 of the Federal Motor Carrier Safety Administration into a format that is more easily used by consumers;

(B)

using state-of-the-art education techniques and technologies, including optimizing the use of the Internet as an educational tool; and

(C)

reducing and simplifying the paperwork required of motor carriers and shippers in interstate transportation.

(2)

Deadline

Not later than one year after the date of enactment of this Act, the working group shall make the recommendations described in paragraph (1) which the Secretary shall publish on a public website.

(d)

Report

Not later than 1 year after the date on which the working group makes its recommendations, the Secretary shall issue a report to Congress on the implementation of such recommendations.

(e)

Federal advisory committee act exemption

The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the working group established under this section.

(f)

Termination

The working group shall terminate 2 years after the date of enactment of this Act.

III

Hazardous materials

3101.

Endorsements

(a)

Exclusions

Section 5117(d)(1) is amended—

(1)

in subparagraph (B), by striking and at the end;

(2)

in subparagraph (C), by striking the period at the end and inserting ; and; and

(3)

by adding at the end the following:

(D)

a service vehicle carrying diesel fuel in quantities of 3,785 liters (1,000 gallons) or less that is—

(i)

driven by a class A commercial driver’s license holder who is a custom harvester, an agricultural retailer, an agricultural business employee, an agricultural cooperative employee, or an agricultural producer; and

(ii)

clearly marked with a placard reading Diesel Fuel.

.

(b)

Hazardous materials endorsement exemption

The Secretary shall exempt all class A commercial driver’s license holders who are custom harvesters, agricultural retailers, agricultural business employees, agricultural cooperative employees, or agricultural producers from the requirement to obtain a hazardous materials endorsement under part 383 of title 49, Code of Federal Regulations, while operating a service vehicle carrying diesel fuel in quantities of 3,785 liters (1,000 gallons) or less if the tank containing such fuel is clearly marked with a placard reading Diesel Fuel.

3102.

Enhanced reporting

Section 5121(h) is amended by 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 inserting post on the Department of Transportation public website.

3103.

Hazardous material information

(a)

Derailment data

(1)

In general

Not later than 180 days after the date of enactment of this Act, the Secretary shall revise the form for reporting a rail equipment accident or incident under section 225.21 of title 49, Code of Federal Regulations (Form FRA F 6180.54, Rail Equipment Accident/Incident Report), including to its instructions, to require additional data concerning rail cars carrying crude oil or ethanol that are involved in a reportable rail equipment accident or incident under part 225 of that title.

(2)

Contents

The data under subsection (a) shall include—

(A)

the number of rail cars carrying crude oil or ethanol;

(B)

the number of rail cars carrying crude oil or ethanol damaged or derailed; and

(C)

the number of rail cars releasing crude oil or ethanol.

(3)

Differentiation

The data described in paragraph (2) shall be reported separately for crude oil and for ethanol.

(b)

Database connectivity

(1)

In general

Not later than 180 days after the date of enactment of this Act, the Secretary shall implement information management practices to ensure that the Pipeline and Hazardous Materials Safety Administration Hazardous Materials Incident Reports Database (referred to in this section as Incident Reports Database) and the Federal Railroad Administration Railroad Safety Information System contain accurate and consistent data on a reportable rail equipment accident or incident under part 225 of title 49, Code of Federal Regulations, involving the release of hazardous materials.

(2)

Identifiers

The Secretary shall ensure that the Incident Reports Database uses a searchable Federal Railroad Administration report number, or other applicable unique identifier that is linked to the Federal Railroad Safety Information System, for each reportable rail equipment accident or incident under part 225 of title 49, Code of Federal Regulations, involving the release of hazardous materials.

(c)

Evaluation

(1)

In general

The Department of Transportation Inspector General shall—

(A)

evaluate the accuracy of information in the Incident Reports Database, including determining whether any inaccuracies exist in—

(i)

the type of hazardous materials released;

(ii)

the quantity of hazardous materials released;

(iii)

the location of hazardous materials released;

(iv)

the damages or effects of hazardous materials released; and

(v)

any other data contained in the database; and

(B)

considering the requirements in subsection (b), evaluate the consistency and accuracy of data involving accidents or incidents reportable to both the Pipeline and Hazardous Materials Safety Administration and the Federal Railroad Administration, including whether the Incident Reports Database uses a searchable identifier described in subsection (b)(2).

(2)

Report

Not later than 18 months after the date of enactment of this Act, the Inspector General of the Department of Transportation shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report of the findings under subparagraphs (A) and (B) of paragraph (1) and recommendations for resolving any inconsistencies or inaccuracies.

(d)

Savings clause

Nothing in this section may be construed to prohibit the Secretary from requiring other commodity-specific information for any reportable rail equipment accident or incident under part 225 of title 49, Code of Federal Regulations.

3104.

Hazardous materials training requirements and grants

Section 5107(e) is amended to read as follows:

(e)

Training grants

(1)

In general

Subject to the availability of funds under section 5128(c), the Secretary shall make grants under this subsection—

(A)

for training instructors to train—

(i)

hazmat employees;

(ii)

employees who enforce the hazardous materials regulations;

(iii)

employees who respond to hazardous materials incidents; or

(iv)

a combination of the employees described in clauses (i) through (iii); and

(B)

to the extent the Secretary considers appropriate, for such instructors to train—

(i)

hazmat employees;

(ii)

employees who enforce the hazardous materials regulations;

(iii)

employees who respond to hazardous materials incidents; or

(iv)

a combination of the employees described in clauses (i) through (iii).

(2)

Eligibility

Grants under this subsection shall be made on a competitive basis to organizations that—

(A)

train on a not-for-profit basis—

(i)

hazmat employees;

(ii)

employees who enforce the hazardous materials regulations;

(iii)

employees who respond to hazardous materials incidents; or

(iv)

a combination of the employees described in clauses (i) through (iii); and

(B)

demonstrate—

(i)

expertise in conducting a training program for 1 or more of the groups of employees described in clauses (i) through (iii) of subparagraph (A); and

(ii)

the ability to reach and involve in a training program a target population of 1 or more of the groups of employees described in clauses (i) through (iii) of subparagraph (A).

.

3105.

National emergency and disaster response

(a)

Purpose

Section 5101 is amended by inserting and and to facilitate the safe movement of hazardous materials during national emergencies after commerce.

(b)

General regulatory authority

Section 5103 is amended—

(1)

by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; and

(2)

by inserting after subsection (b) the following:

(c)

Federally declared disaster and emergency areas

The Secretary, in consultation with the Secretary of Homeland Security, may prescribe standards to facilitate the safe movement of hazardous materials into, from, and within a federally declared disaster area or a national emergency area.

.

3106.

Authorization of appropriations

Section 5128 is amended to read as follows:

5128.

Authorization of appropriations

(a)

In general

There are authorized to be appropriated to the Secretary to carry out this chapter (except sections 5107(e), 5108(g)(2), 5113, 5115, 5116, and 5119)—

(1)

$42,762,000 for fiscal year 2016;

(2)

$43,660,000 for fiscal year 2017;

(3)

$44,577,000 for fiscal year 2018;

(4)

$46,469,000 for fiscal year 2019;

(5)

$47,445,000 for fiscal year 2020; and

(6)

$48,441,000 for fiscal year 2021.

(b)

Hazardous Materials Emergency Preparedness Fund

From the Hazardous Materials Emergency Preparedness Fund established under section 5116(i), the Secretary may expend, during each of fiscal years 2016 through 2021—

(1)

$188,000 to carry out section 5115;

(2)

$21,800,000 to carry out subsections (a) and (b) of section 5116, of which not less than $13,650,000 shall be available to carry out section 5116(b);

(3)

$150,000 to carry out section 5116(f);

(4)

$625,000 to publish and distribute the Emergency Response Guidebook under section 5116(i)(3); and

(5)

$1,000,000 to carry out section 5116(j).

(c)

Hazardous materials training grants

From the Hazardous Materials Emergency Preparedness Fund established pursuant to section 5116(i), the Secretary may expend $4,000,000 for each of the fiscal years 2016 through 2021 to carry out section 5107(e).

(d)

Credits to appropriations

(1)

Expenses

In addition to amounts otherwise made available to carry out this chapter, the Secretary may credit amounts received from a State, Indian tribe, or other public authority or private entity 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 available until expended.

.

IV

Highway and motor vehicle safety

A

Highway traffic safety

I

Highway safety

4101.

Authorization of appropriations

(a)

In general

The following sums are authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account):

(1)

Highway safety programs

For carrying out section 402 of title 23, United States Code—

(A)

$243,526,500 for fiscal year 2016;

(B)

$252,267,972 for fiscal year 2017;

(C)

$261,229,288 for fiscal year 2018;

(D)

$270,415,429 for fiscal year 2019;

(E)

$279,831,482 for fiscal year 2020; and

(F)

$289,482,646 for fiscal year 2021.

(2)

Highway safety research and development

For carrying out section 403 of title 23, United States Code—

(A)

$137,835,000 for fiscal year 2016;

(B)

$140,729,535 for fiscal year 2017;

(C)

$143,684,855 for fiscal year 2018;

(D)

$146,702,237 for fiscal year 2019;

(E)

$149,782,984 for fiscal year 2020; and

(F)

$152,928,427 for fiscal year 2021.

(3)

National priority safety programs

For carrying out section 405 of title 23, United States Code—

(A)

$274,720,000 for fiscal year 2016;

(B)

$277,467,200 for fiscal year 2017;

(C)

$280,241,872 for fiscal year 2018;

(D)

$283,044,291 for fiscal year 2019;

(E)

$285,874,734 for fiscal year 2020; and

(F)

$288,733,481 for fiscal year 2021.

(4)

National driver register

For the National Highway Traffic Safety Administration to carry out chapter 303 of title 49, United States Code—

(A)

$3,573,500 for fiscal year 2016;

(B)

$3,648,544 for fiscal year 2017;

(C)

$3,725,163 for fiscal year 2018;

(D)

$3,803,391 for fiscal year 2019;

(E)

$3,883,263 for fiscal year 2020; and

(F)

$3,964,811 for fiscal year 2021.

(5)

High visibility enforcement program

For carrying out section 2009 of SAFETEA–LU (23 U.S.C. 402 note)—

(A)

$29,290,000 for fiscal year 2016;

(B)

$29,582,900 for fiscal year 2017;

(C)

$29,878,729 for fiscal year 2018;

(D)

$30,177,516 for fiscal year 2019;

(E)

$30,479,291 for fiscal year 2020; and

(F)

$30,784,084 for fiscal year 2021.

(6)

Administrative expenses

For administrative and related operating expenses of the National Highway Traffic Safety Administration in carrying out chapter 4 of title 23, United States Code, and this subtitle—

(A)

$25,755,000 for fiscal year 2016;

(B)

$26,012,550 for fiscal year 2017;

(C)

$26,272,676 for fiscal year 2018;

(D)

$26,535,402 for fiscal year 2019;

(E)

$26,800,756 for fiscal year 2020; and

(F)

$27,068,764 for fiscal year 2021.

(b)

Prohibition on other uses

Except as otherwise provided in chapter 4 of title 23, United States Code, in this subtitle, and in the amendments made by this subtitle, the amounts made available from the Highway Trust Fund (other than the Mass Transit Account) for a program under such chapter—

(1)

shall only be used to carry out such program; and

(2)

may not be used by States or local governments for construction purposes.

(c)

Applicability of title 23

Except as otherwise provided in chapter 4 of title 23, United States Code, and in this subtitle, amounts made available under subsection (a) for fiscal years 2016 through 2021 shall be available for obligation in the same manner as if such funds were apportioned under chapter 1 of title 23, United States Code.

(d)

Regulatory authority

Grants awarded under this subtitle shall be in accordance with regulations issued by the Secretary.

(e)

State matching requirements

If a grant awarded under this subtitle requires a State to share in the cost, the aggregate of all expenditures for highway safety activities made during any fiscal year by the State and its political subdivisions (exclusive of Federal funds) for carrying out the grant (other than planning and administration) shall be available for the purpose of crediting the State during such fiscal year for the non-Federal share of the cost of any project under this subtitle (other than planning or administration) without regard to whether such expenditures were actually made in connection with such project.

(f)

Grant application and deadline

To receive a grant under this subtitle, a State shall submit an application, and the Secretary shall establish a single deadline for such applications to enable the award of grants early in the next fiscal year.

(g)

Transfers

Section 405(a)(1)(G) of title 23, United States Code, is amended to read as follows:

(G)

Transfers

Notwithstanding subparagraphs (A) through (F), the Secretary shall reallocate, before the last day of any fiscal year, any amounts remaining available of the amounts allocated to carry out any of the activities described in subsections (b) through (g) to increase the amount made available to carry out section 402, in order to ensure, to the maximum extent possible, that all such amounts are obligated during such fiscal year.

.

4102.

Highway safety programs

(a)

Restriction

Section 402(g) of title 23, United States Code, is amended to read as follows:

(g)

Restriction

Nothing in this section may be construed to authorize the appropriation or expenditure of funds for highway construction, maintenance, or design (other than design of safety features of highways to be incorporated into guidelines).

.

(b)

Use of funds

(1)

Highway safety programs

Section 402(c) of title 23, United States Code, is amended by inserting A State may transfer the funds apportioned under this section to a political subdivision of a State, including Indian tribal governments. after neighboring States..

(2)

National priority safety programs

Section 405(a)(1) is amended by adding at the end the following:

(I)

Political subdivisions

A State may transfer the funds apportioned under this section to a political subdivision of a State, including Indian tribal governments.

.

(c)

Tracking process

Section 412 of title 23, United States Code, is amended by adding at the end the following:

(f)

Tracking process

The Secretary shall develop a process to identify and mitigate possible systemic issues across States and regional offices by reviewing oversight findings and recommended actions identified in triennial State management reviews.

.

(d)

Highway safety plans

Section 402(k)(5)(A) of title 23, United States Code, is amended by striking 60 and inserting 30.

(e)

Maintenance of effort

Section 405(a)(1)(H) of title 23, United States Code, is amended to read as follows:

(H)

Maintenance of effort certification

As part of the grant application required in section 402(k)(3)(F), a State receiving a grant in any fiscal year under subsection (b), subsection (c), or subsection (d) of this section shall provide certification that the lead State agency responsible for programs described in any of those sections is maintaining expenditures at or above the average level of such expenditures in the 2 fiscal years prior to the date of enactment of the Comprehensive Transportation and Consumer Protection Act of 2015.

.

4103.

Grants for alcohol-ignition interlock laws and 24–7 sobriety programs

Section 405(d) of title 23, United States Code, is amended—

(1)

in paragraph (6)—

(A)

by amending the heading to read as follows: Grants to States for alcohol-ignition interlock laws and 24–7 sobriety programs.—; and

(B)

by amending subparagraph (A) to read as follows:

(A)

Alcohol-ignition interlock laws and 24–7 sobriety programs

(i)

In general

The Secretary shall make a separate grant under this subsection to each State that—

(I)

adopts and is enforcing a law that requires all individuals convicted of driving under the influence of alcohol or of driving while intoxicated to receive a restriction on driving privileges; and

(II)

either—

(aa)

except as provided under clause (ii), adopts and is enforcing a mandatory alcohol-ignition interlock law for all individuals convicted of driving under the influence of alcohol or of driving while intoxicated; or

(bb)

provides a 24–7 sobriety program.

(ii)

Exceptions

A State alcohol-ignition interlock law under clause (i)(II)(aa) may include exceptions for the following circumstances:

(I)

The individual is required to operate an employer’s motor vehicle in the course and scope of employment and the business entity that owns the vehicle is not owned or controlled by the individual.

(II)

The individual is certified by a medical doctor as being unable to provide a deep lung breath sample for analysis by an ignition interlock device.

;

(2)

in paragraph (7)(A)—

(A)

in the matter preceding clause (i)—

(i)

by striking or a State agency and inserting or an agency with jurisdiction; and

(ii)

by inserting bond, before sentence;

(B)

in clause (i), by striking who plead guilty or and inserting who was arrested, plead guilty, or; and

(C)

in clause (ii), by inserting at an in-person testing location after per day; and

(3)

in paragraph (1)(A), by adding , including 24–7 sobriety programs after and drugs.

4104.

Study on the national roadside survey of alcohol and drug use by drivers

Not later than 180 days after the date that the Comptroller General reviews and reports on the overall value of the National Roadside Survey to researchers and other public safety stakeholders, the differences between a National Roadside Survey site and typical law enforcement checkpoints, and the effectiveness of the National Roadside Survey methodology at protecting the privacy of the driving public, as requested by the Committee on Appropriations of the Senate on June 5, 2014 (Senate Report 113–182), the Secretary shall report to Congress on the National Highway Traffic Safety Administration's progress toward reviewing that report and implementing any recommendations made in that report.

II

Stop Motorcycle Checkpoint Funding Act

4121.

Short title

This part may be cited as the Stop Motorcycle Checkpoint Funding Act.

4122.

Grant restriction

Notwithstanding section 153 of title 23, United States Code, the Secretary may not provide a grant or any funds to a State, county, town, township, Indian tribe, municipality, or other local government that may be used for any program—

(1)

to check helmet usage; or

(2)

to create checkpoints that specifically target motorcycle operators or motorcycle passengers.

III

Improving Driver Safety Act of 2015

4131.

Short title

This part may be cited as the Improving Driver Safety Act of 2015.

4132.

Distracted driving incentive grants

Section 405(e) of title 23, United States Code, is amended—

(1)

in paragraph (1), by inserting includes distracted driving issues as part of the State’s driver’s license examination and after any State that;

(2)

in paragraph (2)—

(A)

in subparagraph (B), by striking and at the end;

(B)

in subparagraph (C)(ii), by striking the period at the end and inserting ; and; and

(C)

by adding at the end the following:

(D)

does not provide for an exception that specifically allows a driver to text through a personal wireless communication device while stopped in traffic.

;

(3)

in paragraph (3)—

(A)

by striking subparagraph (C);

(B)

by redesignating subparagraph (D) as subparagraph (C);

(C)

in subparagraph (C)(ii), as redesignated, by striking the period at the end and inserting ; and; and

(D)

by adding at the end the following:

(D)

does not provide for an exception that specifically allows a driver younger than 18 years of age to use a personal wireless communication device while stopped in traffic.

;

(4)

in paragraph (4)(C), by striking section 31152 and inserting section 31136;

(5)

by amending paragraph (6) to read as follows:

(6)

Additional distracted driving grants

(A)

In general

Notwithstanding paragraph (1), the Secretary shall use up to 50 percent of the amounts available for grants under this subsection to award grants to any State that—

(i)

in fiscal years 2017 and 2018—

(I)

certifies that it has enacted a basic text messaging statute that—

(aa)

is applicable to drivers of all ages; and

(bb)

makes violation of the basic text messaging statute a primary offense or secondary enforcement action as allowed by State statute; and

(II)

is otherwise ineligible for a grant under this subsection; and

(ii)

in fiscal years 2019 through 2021—

(I)

meets the requirements under clause (i);

(II)

imposes increased fines for repeat violations; and

(III)

has a statute that prohibits drivers who are younger than 18 years of age from using a personal wireless communications device while driving.

(B)

Use of grant funds

(i)

In general

Notwithstanding paragraph (5) and subject to clauses (ii) and (iii) of this subparagraph, amounts received by a State under subparagraph (A) may be used for activities related to the enforcement of distracted driving laws, including for public information and awareness purposes.

(ii)

Fiscal years 2017 and 2018

In fiscal years 2017 and 2018, up to 15 percent of the amounts received by a State under subparagraph (A) may be used for any eligible project or activity under section 402.

(iii)

Fiscal year 2019 through 2021

In fiscal year 2019 through 2021, up to 25 percent of the amounts received by a State under subparagraph (A) may be used for any eligible project or activity under section 402.

; and

(6)

in paragraph (9)(A)(i), by striking , including operation while temporarily stationary because of traffic, a traffic light or stop sign, or otherwise.

4133.

Barriers to data collection report

Not later than 180 days after the date of the enactment of this Act, the National Highway Traffic Safety Administration shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Energy and Commerce of the House of Representatives, and the Committee on Transportation and Infrastructure of the House of Representatives that—

(1)

identifies any legal and technical barriers to capturing adequate data on the prevalence of the use of wireless communications devices while driving; and

(2)

provides recommendations on how to address such barriers.

IV

Technical and conforming amendments

4141.

Technical corrections to the Motor Vehicle 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 inserting for which a State; and

(B)

by striking subsection (f) and inserting subsection (k); and

(3)

in subsection (k)(4), by striking paragraph (2)(A) and inserting paragraph (3)(A).

(b)

Highway safety research and development

Section 403(e) of title 23, United States Code, is amended by inserting of title 49 after chapter 301.

(c)

National priority safety programs

Section 405 of title 23, United States Code, is amended—

(1)

in subsection (d)(5), by striking section 402(c) and inserting section 402; and

(2)

in subsection (f)(4)(A)(iv), by striking developed under subsection (g).

B

Vehicle safety

4201.

Authorization of appropriations

There are authorized to be appropriated to the Secretary to carry out chapter 301 of title 49, and part C of subtitle VI of title 49, United States Code—

(1)

$132,730,000 for fiscal year 2016;

(2)

$135,517,330 for fiscal year 2017;

(3)

$138,363,194 for fiscal year 2018;

(4)

$141,268,821 for fiscal year 2019;

(5)

$144,235,466 for fiscal year 2020; and

(6)

$147,264,411 for fiscal year 2021.

4202.

Inspector General recommendations

(a)

In general

Not later than 90 days after the date of enactment of this Act, and periodically thereafter until the completion date, the Department of Transportation Inspector General shall report to the appropriate committees of Congress on whether and what progress has been made to implement the recommendations in the Office of Inspector General Audit Report issued June 18, 2015 (ST–2015–063).

(b)

Implementation progress

The Administrator of the National Highway Traffic Safety Administration shall—

(1)

not later than 90 days after the date of enactment of this Act, and periodically thereafter until the completion date, provide a briefing to the appropriate committees of Congress on the actions the Administrator has taken to implement the recommendations in the audit report described in subsection (a), including a plan for implementing any remaining recommendations; and

(2)

not later than 1 year after the date of enactment of this Act, issue a final report to the appropriate committees of Congress on the implementation of all of the recommendations in the audit report described in subsection (a).

(c)

Definitions

In this section:

(1)

Appropriate committees of Congress

The term appropriate committees of Congress means the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives.

(2)

Completion date

The term completion date means the date that the National Highway Traffic Safety Administration has implemented all of the recommendations in the Office of Inspector General Audit Report issued June 18, 2015 (ST–2015–063).

4203.

Improvements in availability of recall information

(a)

Vehicle recall information

Not later than 2 years after the date of enactment of this Act, the Secretary shall implement current information technology, web design trends, and best practices that will help ensure that motor vehicle safety recall information available to the public on the Federal website is readily accessible and easy to use, including—

(1)

by improving the organization, availability, readability, and functionality of the website;

(2)

by accommodating high-traffic volume; and

(3)

by establishing best practices for scheduling routine website maintenance.

(b)

Government Accountability Office public awareness report

(1)

In general

The Comptroller General shall study the current use by consumers, dealers, and manufacturers of the safety recall information made available to the public, including the usability and content of the Federal and manufacturers' websites and the National Highway Traffic Safety Administration's efforts to publicize and educate consumers about safety recall information.

(2)

Report

Not later than 2 years after the date of enactment of this Act, the Comptroller General shall issue a report with the findings of the study under paragraph (1), including recommending any actions the Secretary can take to improve public awareness and use of the websites for safety recall information.

(c)

Promotion of public awareness

Section 31301(c) of the Moving Ahead for Progress in the 21st Century Act (49 U.S.C. 30166 note) is amended to read as follows:

(c)

Promotion of public awareness

The Secretary shall improve public awareness of safety recall information made publicly available by periodically updating the method of conveying that information to consumers, dealers, and manufacturers, such as through public service announcements.

.

(d)

Consumer guidance

Not later than 1 year after the date of enactment of this Act, the Secretary shall make available to the public on the Internet detailed guidance for consumers submitting safety complaints, including—

(1)

a detailed explanation of what information a consumer should include in a complaint; and

(2)

a detailed explanation of the possible actions the National Highway Traffic Safety Administration can take to address a complaint and respond to the consumer, including information on—

(A)

the consumer records, such as photographs and police reports, that could assist with an investigation; and

(B)

the length of time a consumer should retain the records described in subparagraph (A).

(e)

VIN search

(1)

In general

The Secretary, in coordination with industry, including manufacturers and dealers, shall study—

(A)

the feasibility of searching multiple vehicle identification numbers at a time to retrieve motor vehicle safety recall information; and

(B)

the feasibility of making the search mechanism described under subparagraph (A) publicly available.

(2)

Considerations

In conducting the study under paragraph (1), the Secretary shall consider the potential costs, and potential risks to privacy and security in implementing such a search mechanism.

4204.

Recall process

(a)

Notification by manufacturer

Section 30118(c) is amended by inserting or electronic mail after certified mail.

(b)

Recall completion rates report

(1)

In general

Not later than 1 year after the date of enactment of this Act, and biennially thereafter for 4 years, the Secretary shall—

(A)

conduct an analysis of vehicle safety recall completion rates to assess potential actions by the National Highway Traffic Safety Administration to improve vehicle safety recall completion rates; and

(B)

submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report on the results of the analysis.

(2)

Contents

Each report shall include—

(A)

the annual recall completion rate by manufacturer, component (such as brakes, fuel systems, and air bags), and vehicle type (passenger car, sport utility vehicle, passenger van, and pick-up truck) for each of the 5 years before the year the report is submitted;

(B)

the methods by which the Secretary has conducted analyses of these recall completion rates to determine trends and identify risk factors associated with lower recall rates; and

(C)

the actions the Secretary has planned to improve recall completion rates based on the results of this data analysis.

(3)

Inspector General audit of vehicle recalls

(A)

In general

The Department of Transportation Inspector General shall conduct an audit of the National Highway Traffic Safety Administration's management of vehicle safety recalls.

(B)

Contents

The audit shall include a determination of whether the National Highway Traffic Safety Administration—

(i)

appropriately monitors recalls to ensure the appropriateness of scope and adequacy of recall completion rates and remedies;

(ii)

ensures manufacturers provide safe remedies, at no cost to consumers;

(iii)

is capable of coordinating recall remedies and processes; and

(iv)

can improve its policy on consumer notice to combat effects of recall fatigue.

4205.

Pilot grant program for State notification to consumers of motor vehicle recall status

(a)

In general

Not later than October 1, 2016, the Secretary shall implement a 2-year 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 Secretary may make a grant to each eligible State, but not more than 6 eligible States in total, that agrees to comply with the requirements under subsection (c). Funds made available to a State under this section shall be used by the State for the pilot program described in subsection (a).

(c)

Eligibility

To be eligible for a grant, a State shall—

(1)

submit an application in such form and manner as the Secretary prescribes;

(2)

agree 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;

(3)

provide the open motor vehicle recall information at no cost to each owner or lessee of a motor vehicle presented for registration in the State; and

(4)

provide such other information as the Secretary may require.

(d)

Awards

In selecting an applicant for an award under this section, the Secretary shall consider the State’s methodology for determining open recalls on a motor vehicle, for informing consumers of the open recalls, and for determining performance.

(e)

Performance period

Each grant awarded under this section shall require a 2-year performance period.

(f)

Report

Not later than 90 days after the completion of the performance period under subsection (e), a grantee shall provide to the Secretary a report of performance containing such information as the Secretary considers necessary to evaluate the extent to which open recalls have been remedied.

(g)

Evaluation

Not later than 180 days after the completion of the pilot program, the Secretary shall evaluate the extent to which open recalls identified have been remedied.

(h)

Definitions

In this section:

(1)

Consumer

The term consumer includes owner and lessee.

(2)

Motor vehicle

The term motor vehicle has the meaning given the term under section 30102(a) of title 49, United States Code.

(3)

Open recall

The term open recall means a recall for which a notification by a manufacturer has been provided under section 30119 of title 49, United States Code, and that has not been remedied under section 30120 of that title.

(4)

Registration

The term registration means the process for registering motor vehicles in the State.

(5)

State

The term State has the meaning given the term under section 101(a) of title 23, United States Code.

4206.

Recall obligations under bankruptcy

Section 30120A is amended by striking chapter 11 of title 11, and inserting chapter 7 or chapter 11 of title 11.

4207.

Dealer requirement to check for open recall

Section 30120(f) is amended—

(1)

by inserting (1) In general.— before A manufacturer and indenting appropriately;

(2)

in paragraph (1), as redesignated, by striking the period at the end and inserting the following:

if—

(A)

the dealer notifies the owner of each of the manufacturer’s motor vehicles it services at the time of the service of any open recall; and

(B)

the notification requirement under subparagraph (A) is specified in a franchise, operating, or other agreement between the dealer and the manufacturer.

; and

(3)

by adding at the end the following:

(2)

Definition of open recall

In this subsection, the term open recall means a recall for which a notification by a manufacturer has been provided under section 30119 and that has not been remedied under this section.

.

4208.

Extension of time period for remedy of tire defects

Section 30120(b) of title 49, United States Code, is amended—

(1)

in paragraph (1), by striking 60 days and inserting 180 days; and

(2)

in paragraph (2), by striking 60-day each place it appears and inserting 180-day.

4209.

Rental car safety

(a)

In general

Section 30120 of title 49, United States Code, is amended by adding at the end the following:

(k)

Limitation on rental of defective or noncomplying motor vehicles

(1)

In general

After receiving notification under section 30119 of a defective or noncomplying motor vehicle or replacement equipment in the rental company's possession at the time of notification, a rental company may rent that motor vehicle only if—

(A)

the defect or noncompliance is remedied, as required by this section, before delivery under the rental agreement;

(B)

except as provided in paragraph (2), the rental company notifies each renter in writing prior to acceptance of the rental agreement—

(i)

of the defect or noncompliance; and

(ii)

if the notification provided under section 30119 indicates that the remedy for the defect or noncompliance is not immediately available and specifies an action to temporarily alter the vehicle that would eliminate the safety risk posed by the defect or noncompliance, whether that action was performed; or

(C)

if the notification is required by an order under section 30118(b), enforcement of the order is restrained or the order is set aside in a civil action to which section 30121(d) of this title applies.

(2)

Procedures for notification during duration of rental agreements

If a rental company receives notification of a defective or noncomplying motor vehicle or replacement equipment under section 30119 during the duration of a rental agreement, the rental company shall notify each renter, as soon as practicable, but not later than 24 hours after the date the rental company received the notification under section 30119.

(3)

Construction

Nothing in this subsection may be construed to prohibit a rental company from offering a motor vehicle for rent.

(4)

Definition of rental company

In this subsection, the term rental company means a person who is engaged in the business of renting a motor vehicle that—

(A)

has a gross vehicle weight rating of 10,000 pounds or less;

(B)

is rented without a driver for an initial term of less than 4 months; and

(C)

is part of a motor vehicle fleet of 5 or more motor vehicles that are used for rental purposes.

.

(b)

Effective date

The amendment made by subsection (a) shall take effect 1 year after the date of enactment of this Act.

4210.

Motor vehicle equipment

Section 30102(7)(C) of title 49, United States Code, is amended by inserting , excluding portable wireless communications devices and associated applications and software used with such devices, which do not operate or control a critical or primary system, part, or component of a motor vehicle, after device.

4211.

Transfer to Highway Trust Fund of certain motor vehicle safety penalties

(a)

In general

Paragraph (5) of section 9503(b) of the Internal Revenue Code of 1986 is amended—

(1)

by striking There are hereby and inserting the following:

(A)

In general

There are hereby

, and

(2)

by adding at the end the following:

(B)

Penalties related to motor vehicle safety

(i)

In general

There are hereby appropriated to the Highway Trust Fund amounts equivalent to covered motor vehicle safety penalty collections.

(ii)

Covered motor vehicle safety penalty collections

For purposes of this subparagraph, the term covered motor vehicle safety penalty collections means any amount collected in connection with a civil penalty under section 30165 of title 49, United States Code, reduced by any award authorized by the Secretary of Transportation to be paid to any person in connection with information provided by such person related to a violation of chapter 301 of such title which is a predicate to such civil penalty.

.

(b)

Effective date

The amendments made by this section shall apply to amounts collected after the date of enactment of this Act.

C

Research and development and vehicle electronics

4301.

Report on operations of the Council for Vehicle Electronics, Vehicle Software, and Emerging Technologies

Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report regarding the operations of the Council for Vehicle Electronics, Vehicle Software, and Emerging Technologies established under section 31401 of the Moving Ahead for Progress in the 21st Century Act (49 U.S.C. 105 note). The report shall include information about the accomplishments of the Council, the role of the Council in integrating and aggregating electronic and emerging technologies expertise across the National Highway Traffic Safety Administration, the role of the Council in coordinating with other Federal agencies, and the priorities of the Council over the next 5 years.

4302.

Cooperation with foreign governments

(a)

Title 49 amendment

Section 30182(b) is amended—

(1)

in paragraph (4), by striking ; and and inserting a semicolon;

(2)

in paragraph (5), by striking the period at the end and inserting ; and; and

(3)

by inserting after paragraph (5) the following:

(6)

in coordination with Department of State, enter into cooperative agreements and collaborative research and development agreements with foreign governments.

.

(b)

Title 23 amendment

Section 403 of title 23, United States Code, is amended—

(1)

in subsection (b)(2)(C), by inserting foreign government, in coordination with the Department of State, after institution,; and

(2)

in subsection (c)(1)(A), by inserting foreign governments, after local governments,.

(c)

Audit

The Department of Transportation Inspector General shall conduct an audit of the Secretary of Transportation's management and oversight of cooperative agreements and collaborative research and development agreements, including any cooperative agreements between the Secretary of Transportation and foreign governments under section 30182(b)(6) of title 49, United States Code, and subsections (b)(2)(C) and (c)(1)(A) of title 23, United States Code.

D

Miscellaneous provisions

I

Driver Privacy Act of 2015

4401.

Short title

This part may be cited as the Driver Privacy Act of 2015.

4402.

Limitations on data retrieval from vehicle event data recorders

(a)

Ownership of data

Any data retained by an event data recorder (as defined in section 563.5 of title 49, Code of Federal Regulations), regardless of when the motor vehicle in which it is installed was manufactured, is the property of the owner, or, in the case of a leased vehicle, the lessee of the motor vehicle in which the event data recorder is installed.

(b)

Privacy

Data recorded or transmitted by an event data recorder described in subsection (a) may not be accessed by a person other than an owner or a lessee of the motor vehicle in which the event data recorder is installed unless—

(1)

a court or other judicial or administrative authority having jurisdiction—

(A)

authorizes the retrieval of the data; and

(B)

to the extent that there is retrieved data, the data is subject to the standards for admission into evidence required by that court or other administrative authority;

(2)

an owner or a lessee of the motor vehicle provides written, electronic, or recorded audio consent to the retrieval of the data for any purpose, including the purpose of diagnosing, servicing, or repairing the motor vehicle, or by agreeing to a subscription that describes how data will be retrieved and used;

(3)

the data is retrieved pursuant to an investigation or inspection authorized under section 1131(a) or 30166 of title 49, United States Code, and the personally identifiable information of an owner or a lessee of the vehicle and the vehicle identification number is not disclosed in connection with the retrieved data, except that the vehicle identification number may be disclosed to the certifying manufacturer;

(4)

the data is retrieved for the purpose of determining the need for, or facilitating, emergency medical response in response to a motor vehicle crash; or

(5)

the data is retrieved for traffic safety research, and the personally identifiable information of an owner or a lessee of the vehicle and the vehicle identification number is not disclosed in connection with the retrieved data.

4403.

Vehicle event data recorder study

(a)

In general

Not later than 1 year after the date of enactment of this Act, the Administrator of the National Highway Traffic Safety Administration shall submit to Congress a report that contains the results of a study conducted by the Administrator to determine the amount of time event data recorders installed in passenger motor vehicles should capture and record for retrieval vehicle-related data in conjunction with an event in order to provide sufficient information to investigate the cause of motor vehicle crashes.

(b)

Rulemaking

Not later than 2 years after submitting the report required under subsection (a), the Administrator of the National Highway Traffic Safety Administration shall promulgate regulations to establish the appropriate period during which event data recorders installed in passenger motor vehicles may capture and record for retrieval vehicle-related data to the time necessary to provide accident investigators with vehicle-related information pertinent to crashes involving such motor vehicles.

II

Safety Through Informed Consumers Act of 2015

4421.

Short title

This part may be cited as the Safety Through Informed Consumers Act of 2015.

4422.

Passenger motor vehicle information

Section 32302 is amended by inserting after subsection (b) the following:

(c)

Crash avoidance

Not later than 1 year after the date of enactment of the Safety Through Informed Consumers Act of 2015, the Secretary shall promulgate a rule to ensure that crash avoidance information is indicated next to crashworthiness information on stickers placed on motor vehicles by their manufacturers.

.

V

Railroad Reform, Enhancement, and Efficiency

5001.

Passenger transportation; definitions

Section 24102 is amended—

(1)

by redesignating paragraphs (5) through (9) as paragraphs (6) through (10), respectively;

(2)

by inserting after paragraph (4), the following:

(5)

long-distance route means a route described in paragraph (6)(C).

;

(3)

by amending paragraph (6)(A), as redesignated, to read as follows:

(A)

the Northeast Corridor main line between Boston, Massachusetts and the Virginia Avenue interlocking in the District of Columbia, and the facilities and services used to operate and maintain that line;

;

(4)

in paragraph (7), as redesignated, by striking the period at the end and inserting , except that the term Northeast Corridor for the purposes of chapter 243 means the main line between Boston, Massachusetts and the Virginia Avenue interlocking in the District of Columbia, and the facilities and services used to operate and maintain that line.; and

(5)

by adding at the end the following:

(11)

state-of-good-repair means a condition in which physical assets, both individually and as a system, are—

(A)

performing at a level at least equal to that called for in their as-built or as-modified design specification during any period when the life cycle cost of maintaining the assets is lower than the cost of replacing them; and

(B)

sustained through regular maintenance and replacement programs.

(12)

State-supported route means a route described in paragraph (6)(B) or paragraph (6)(D), or in section 24702(a).

.

A

Authorization of appropriations

5101.

Authorization of grants to Amtrak

(a)

In general

There are authorized to be appropriated to the Secretary for the use of Amtrak for deposit into the accounts established under section 24319(a) of title 49, United States Code, the following amounts:

(1)

For fiscal year 2016, $1,450,000,000.

(2)

For fiscal year 2017, $1,550,000,000.

(3)

For fiscal year 2018, $1,700,000,000.

(4)

For fiscal year 2019, $1,900,000,000.

(b)

Project management oversight

The Secretary may withhold up to one half of 1 percent of the amount appropriated under subsection (a) for the costs of management oversight of Amtrak.

(c)

Competition

In administering grants to Amtrak under section 24318 of title 49, United States Code, the Secretary may withhold, from amounts that would otherwise be made available to Amtrak, such sums as are necessary from the amount appropriated under subsection (a) of this section to cover the operating subsidy described in section 24711(b)(1)(E)(ii) of title 49, United States Code.

(d)

State-Supported Route Committee

The Secretary may withhold up to $2,000,000 from the amount appropriated in each fiscal year under subsection (a) of this section for the use of the State-Supported Route Committee established under section 24712 of title 49, United States Code.

(e)

Northeast Corridor Commission

The Secretary may withhold up to $5,000,000 from the amount appropriated in each fiscal year under subsection (a) of this section for the use of the Northeast Corridor Commission established under section 24905 of title 49, United States Code.

5102.

National infrastructure and safety investments

(a)

In general

There are authorized to be appropriated to the Secretary for grants under chapter 244 of title 49, United States Code, the following amounts:

(1)

For fiscal year 2016, $350,000,000.

(2)

For fiscal year 2017, $430,000,000.

(3)

For fiscal year 2018, $600,000,000.

(4)

For fiscal year 2019, $900,000,000.

(b)

Project management oversight

The Secretary may withhold up to 1 percent from the amount appropriated under subsection (a) of this section for the costs of project management oversight of grants carried out under chapter 244 of title 49, United States Code.

5103.

Authorization of appropriations for National Transportation Safety Board rail investigations

(a)

In general

Notwithstanding any other provision of law, there are authorized to be appropriated to the National Transportation Safety Board to carry out railroad accident investigations under section 1131(a)(1)(C) of title 49, United States Code, the following amounts:

(1)

For fiscal year 2016, $6,300,000.

(2)

For fiscal year 2017, $6,400,000.

(3)

For fiscal year 2018, $6,500,000.

(4)

For fiscal year 2019, $6,600,000.

(b)

Investigation personnel

Amounts appropriated under subsection (a) of this section shall be available to the National Transportation Safety Board for personnel, in regional offices and in Washington, DC, whose duties involve railroad accident investigations.

5104.

Authorization of appropriations for Amtrak Office of Inspector General

There are authorized to be appropriated to the Office of Inspector General of Amtrak the following amounts:

(1)

For fiscal year 2016, $20,000,000.

(2)

For fiscal year 2017, $20,500,000.

(3)

For fiscal year 2018, $21,000,000.

(4)

For fiscal year 2019, $21,500,000.

5105.

National cooperative rail research program

(a)

In general

Section 24910 is amended—

(1)

in subsection (b)—

(A)

in paragraph (12), by striking and;

(B)

in paragraph (13), by striking the period at the end and inserting ; and; and

(C)

by adding at the end the following:

(14)

to improve the overall safety of intercity passenger and freight rail operations.

; and

(2)

by amending subsection (e) to read as follows:

(e)

Allocation

At least $5,000,000 of the amounts appropriated to the Secretary for a fiscal year to carry out railroad research and development programs shall be available to carry out this section.

.

B

Amtrak reform

5201.

Amtrak grant process

(a)

Requirements and procedures

Chapter 243 is amended by adding at the end the following:

24317.

Costs and revenues

(a)

Allocation

Not later than 180 days after the date of enactment of the Comprehensive Transportation and Consumer Protection Act of 2015, Amtrak shall establish and maintain internal controls to ensure Amtrak’s costs, revenues, and other compensation are appropriately and proportionally allocated to its Northeast Corridor train services or infrastructure, its State-supported routes, its long-distance routes, and its other national network activities.

(b)

Rule of construction

Nothing in this section shall be construed to limit the ability of Amtrak to enter into an agreement with 1 or more States to allocate operating and capital costs under section 209 of the Passenger Rail Investment and Improvement Act of 2008 (49 U.S.C. 24101 note).

24318.

Grant process

(a)

Procedures for grant requests

Not later than 90 days after the date of enactment of the Comprehensive Transportation and Consumer Protection Act of 2015, the Secretary of Transportation shall establish and transmit to the Committee on Commerce, Science, and Transportation and the Committee on Appropriations of the Senate and the Committee on Transportation and Infrastructure and the Committee on Appropriations of the House of Representatives substantive and procedural requirements, including schedules, for grant requests under this section.

(b)

Grant requests

Amtrak shall transmit grant requests for Federal funds appropriated to the Secretary of Transportation for the use of Amtrak to—

(1)

the Secretary; and

(2)

the Committee on Commerce, Science, and Transportation, the Committee on Appropriations, and the Committee on the Budget of the Senate and the Committee on Transportation and Infrastructure, the Committee on Appropriations, and the Committee on the Budget of the House of Representatives.

(c)

Contents

A grant request under subsection (b) shall—

(1)

describe projected operating and capital costs for the upcoming fiscal year for Northeast Corridor train services and infrastructure, Amtrak's State-supported routes, and Amtrak's long-distance routes, and Amtrak's other national network activities, as applicable, in comparison to prior fiscal year actual financial performance;

(2)

describe the capital projects to be funded, with cost estimates and an estimated timetable for completion of the projects covered by the request;

(3)

assess Amtrak's financial condition;

(4)

be displayed on Amtrak’s Web site within a reasonable timeframe following its transmission under subsection (b); and

(5)

describe how the funding requested in a grant will be allocated to the accounts established under section 24319(a), considering the projected operating losses or capital costs for services and activities associated with such accounts over the time period intended to be covered by the grants.

(d)

Review and approval

(1)

Thirty-day approval process

(A)

In general

Not later than 30 days after the date that Amtrak submits a grant request under this section, the Secretary of Transportation shall complete a review of the request and provide notice to Amtrak that—

(i)

the request is approved; or

(ii)

the request is disapproved, including the reason for the disapproval and an explanation of any incomplete or deficient items.

(B)

Grant agreement

If a grant request is approved, the Secretary shall enter into a grant agreement with Amtrak that allocates the grant funding to 1 of the 4 accounts established under section 24319(a).

(2)

Fifteen-day modification period

Not later than 15 days after the date of the notice under paragraph (1)(A)(ii), Amtrak shall submit a modified request for the Secretary’s review.

(3)

Modified requests

Not later than 15 days after the date that Amtrak submits a modified request under paragraph (2), the Secretary shall either approve the modified request, or, if the Secretary finds that the request is still incomplete or deficient, the Secretary shall identify in writing to the Committee on Commerce, Science, and Transportation, the Committee on Appropriations, and the Committee on the Budget of the Senate and the Committee on Transportation and Infrastructure, the Committee on Appropriations, and the Committee on the Budget of the House of Representatives the remaining deficiencies and recommend a process for resolving the outstanding portions of the request.

(e)

Payments to Amtrak

(1)

In general

A grant agreement entered into under subsection (d) shall specify the operations, services, and other activities to be funded by the grant. The grant agreement shall include provisions, consistent with the requirements of this chapter, to measure Amtrak’s performance and ensure accountability in delivering the operations, services, or activities to be funded by the grant.

(2)

Schedule

Except as provided in paragraph (3), in each fiscal year for which amounts are appropriated to the Secretary for the use of Amtrak, and for which the Secretary and Amtrak have entered into a grant agreement under subsection (d), the Secretary shall disburse grant funds to Amtrak on the following schedule:

(A)

50 percent on October 1.

(B)

25 percent on January 1.

(C)

25 percent on April 1.

(3)

Exceptions

The Secretary may make a payment to Amtrak of appropriated funds—

(A)

more frequently than the schedule under paragraph (2) if Amtrak, for good cause, requests more frequent payment before the end of a payment period; or

(B)

with a different frequency or in different percentage allocations in the event of a continuing resolution or in the absence of an appropriations Act for the duration of a fiscal year.

(f)

Availability of amounts and early appropriations

Amounts appropriated to the Secretary for the use of Amtrak shall remain available until expended. Amounts for capital acquisitions and improvements may be appropriated for a fiscal year before the fiscal year in which the amounts will be obligated.

(g)

Limitations on use

Amounts appropriated to the Secretary for the use of Amtrak may not be used to cross-subsidize operating losses or capital costs of commuter rail passenger or freight rail transportation.

24319.

Accounts

(a)

Establishment of accounts

Beginning not later than October 1, 2016, Amtrak, in consultation with the Secretary of Transportation, shall define and establish—

(1)

a Northeast Corridor investment account, including subaccounts for Amtrak train services and infrastructure;

(2)

a State-supported account;

(3)

a long-distance account; and

(4)

an other national network activities account.

(b)

Northeast Corridor investment account

(1)

Deposits

Amtrak shall deposit in the Northeast Corridor investment account established under subsection (a)(1)—

(A)

a portion of the grant funds appropriated under the authorization in section 5101(a) of the Comprehensive Transportation and Consumer Protection Act of 2015, or any subsequent Act appropriating funds for the use of Amtrak, as specified in a grant agreement entered into under section 24318;

(B)

any compensation received from commuter rail passenger transportation providers for such providers' share of capital costs on the Northeast Corridor provided to Amtrak under section 24905(c);

(C)

any operating surplus of the Northeast Corridor train services or infrastructure, as allocated under section 24317; and

(D)

any other net revenue received in association with the Northeast Corridor, including freight access fees, electric propulsion, and commercial development.

(2)

Use of Northeast Corridor investment account

Except as provided in subsection (f), amounts deposited in the Northeast Corridor investment account shall be made available for the use of Amtrak for its share of—

(A)

capital projects described in section 24904(a)(2)(E)(i), and developed under the planning process established under that section, to bring Northeast Corridor infrastructure to a state-of-good-repair;

(B)

capital projects described in clauses (ii) and (iv) of section 24904(a)(2)(E) that are developed under the planning process established under that section intended to increase corridor capacity, improve service reliability, and reduce travel time on the Northeast Corridor;

(C)

capital projects to improve safety and security;

(D)

capital projects to improve customer service and amenities;

(E)

acquiring, rehabilitating, manufacturing, remanufacturing, overhauling, or improving equipment and associated facilities used for intercity rail passenger transportation by Northeast Corridor train services;

(F)

retirement of principal and payment of interest on loans for capital projects described in this paragraph or for capital leases for equipment and related to the Northeast Corridor;

(G)

participation in public-private partnerships, joint ventures, and other mechanisms or arrangements that result in the completion of capital projects described in this paragraph; and

(H)

indirect, common, corporate, or other costs directly incurred by or allocated to the Northeast Corridor.

(c)

State-Supported Account

(1)

Deposits

Amtrak shall deposit in the State-supported account established under subsection (a)(2)—

(A)

a portion of the grant funds appropriated under the authorization in section 5101(a) of the Comprehensive Transportation and Consumer Protection Act of 2015, or any subsequent Act appropriating funds for the use of Amtrak, as specified in a grant agreement entered into under section 24318;

(B)

any compensation received from States provided to Amtrak under section 209 of the Passenger Rail Investment and Improvement Act of 2008 (42 U.S.C. 24101 note); and

(C)

any operating surplus from its State-supported routes, as allocated under section 24317.

(2)

Use of State-supported account

Except as provided in subsection (f), amounts deposited in the State-supported account shall be made available for the use of Amtrak for capital expenses and operating costs, including indirect, common, corporate, or other costs directly incurred by or allocated to State-supported routes, of its State-supported routes and retirement of principal and payment of interest on loans or capital leases attributable to its State-supported routes.

(d)

Long-Distance Account

(1)

Deposits

Amtrak shall deposit in the long-distance account established under subsection (a)(3)—

(A)

a portion of the grant funds appropriated under the authorization in section 5101(a) of the Comprehensive Transportation and Consumer Protection Act of 2015, or any subsequent Act appropriating funds for the use of Amtrak, as specified in a grant agreement entered into under section 24318;

(B)

any compensation received from States provided to Amtrak for costs associated with its long-distance routes; and

(C)

any operating surplus from its long-distance routes, as allocated under section 24317.

(2)

Use of long-distance account

Except as provided in subsection (f), amounts deposited in the long-distance account shall be made available for the use of Amtrak for capital expenses and operating costs, including indirect, common, corporate, or other costs directly incurred by or allocated to long-distance routes, of its long-distance routes and retirement of principal and payment of interest on loans or capital leases attributable to the long-distance routes.

(e)

Other national network activities account

(1)

Deposits

Amtrak shall deposit in the other national network activities account established under subsection (a)(4)—

(A)

a portion of the grant funds appropriated under the authorization in section 101(a) of the Railroad Reform, Enhancement, and Efficiency Act, or any subsequent Act appropriating funds for the use of Amtrak, as specified in a grant agreement entered into under section 24318;

(B)

any compensation received from States provided to Amtrak for costs associated with its other national network activities; and

(C)

any operating surplus from its other national network activities.

(2)

Use of other national network activities account

Except as provided in subsection (f), amounts deposited into the other national network activities account shall be made available for the use of Amtrak for capital and operating costs not allocated to the Northeast Corridor investment account, State-supported account, or long-distance account, and retirement of principal and payment of interest on loans or capital leases attributable to other national network activities.

(f)

Transfer authority

(1)

Authority

Amtrak may transfer any funds appropriated under the authorization in section 5101(a) of the Comprehensive Transportation and Consumer Protection Act of 2015, or any subsequent Act appropriating funds for the use of Amtrak for deposit into the accounts described in that section, or any surplus generated by operations, between the Northeast Corridor, State-supported, long-distance, and other national network activities accounts—

(A)

upon the expiration of 10 days after the date that Amtrak notifies the Amtrak Board of Directors, including the Secretary, of the planned transfer; and

(B)

with the approval of the Secretary.

(2)

Report

Not later than 5 days after the date that Amtrak notifies the Amtrak Board of Directors of a planned transfer under paragraph (1), Amtrak shall transmit to the Committee on Commerce, Science, and Transportation and the Committee on Appropriations of the Senate and the Committee on Transportation and Infrastructure and the Committee on Appropriations of the House of Representatives a report that includes—

(A)

the amount of the transfer; and

(B)

a detailed explanation of the reason for the transfer, including—

(i)

the effects on Amtrak services funded by the account from which the transfer is drawn, in comparison to a scenario in which no transfer was made; and

(ii)

the effects on Amtrak services funded by the account receiving the transfer, in comparison to a scenario in which no transfer was made.

(3)

Notifications

(A)

State-supported account

Not later than 5 days after the date that Amtrak notifies the Amtrak Board of Directors of a planned transfer under paragraph (1) of funds to or from the State-supported account, Amtrak shall transmit to each State that sponsors a State-supported route a letter that includes the information described under subparagraphs (A) and (B) of paragraph (2).

(B)

Northeast Corridor account

Not later than 5 days after the date that Amtrak notifies the Amtrak Board of Directors of a planned transfer under paragraph (1) of funds to or from the Northeast Corridor account, Amtrak shall transmit to the Northeast Corridor Commission a letter that includes the information described under subparagraphs (A) and (B) of paragraph (2).

(g)

Enforcement

The Secretary shall enforce the provisions of each grant agreement under section 24318(d), including any deposit into an account under this section.

(h)

Letters of intent

(1)

Requirement

The Secretary may issue a letter of intent to Amtrak announcing an intention to obligate, for a major capital project described in clauses (ii) and (iv) of section 24904(a)(2)(E), an amount from future available budget authority specified in law that is not more than the amount stipulated as the financial participation of the Secretary in the project.

(2)

Notice to Congress

At least 30 days before issuing a letter under paragraph (1), the Secretary shall notify in writing the Committee on Commerce, Science, and Transportation and the Committee on Appropriations of the Senate and the Committee on Transportation and Infrastructure and the Committee on Appropriations of the House of Representatives of the proposed letter. The Secretary shall include with the notice a copy of the proposed letter, the criteria used for selecting the project for a grant award, and a description of how the project meets the criteria under this section.

(3)

Contingent nature of obligation or commitment

An obligation or administrative commitment may be made only when amounts are appropriated. The letter of intent shall state that the contingent commitment is not an obligation of the Federal Government, and is subject to the availability of appropriations under Federal law and to Federal laws in force or enacted after the date of the contingent commitment.

.

(b)

Conforming amendments

The table of contents for chapter 243 is amended by adding at the end the following:

24317. Costs and revenues.

24318. Grant process.

24319. Accounts.

.

(c)

Repeals

(1)

Establishment of grant process

Section 206 of the Passenger Rail Investment and Improvement Act of 2008 (49 U.S.C. 24101 note) and the item relating to that section in the table of contents of that Act are repealed.

(2)

Authorization of appropriations

Section 24104 and the item relating to that section in the table of contents of chapter 241 are repealed.

5202.

5-year business line and assets plans

(a)

Amtrak 5-Year Business Line and Asset Plans

Chapter 243, as amended by section 5201 of this Act, is further amended by inserting after section 24319 the following:

24320.

Amtrak 5-year business line and asset plans

(a)

In general

(1)

Final plans

Not later than February 15 of each year, Amtrak shall submit to Congress and the Secretary final 5-year business line plans and 5-year asset plans prepared in accordance with this section. These final plans shall form the basis for Amtrak's general and legislative annual report to the President and Congress required by section 24315(b).

(2)

Fiscal constraint

Each plan prepared under this section shall be based on funding levels authorized or otherwise available to Amtrak in a fiscal year. In the absence of an authorization or appropriation of funds for a fiscal year, the plans shall be based on the amount of funding available in the previous fiscal year, plus inflation. Amtrak may include an appendix to the asset plan required in subsection (c) that describes any capital funding requirements in excess of amounts authorized or otherwise available to Amtrak in a fiscal year for capital investment.

(b)

Amtrak 5-Year Business Line Plans

(1)

Amtrak business lines

Amtrak shall prepare a 5-year business line plan for each of the following business lines and services:

(A)

Northeast Corridor train services.

(B)

State-supported routes operated by Amtrak.

(C)

Long-distance routes operated by Amtrak.

(D)

Ancillary services operated by Amtrak, including commuter operations and other revenue generating activities as determined by the Secretary in consultation with Amtrak.

(2)

Contents of 5-year business line plans

The 5-year business line plan for each business line shall include, at a minimum—

(A)

a statement of Amtrak's vision, goals, and service plan for the business line, coordinated with any entities that are contributing capital or operating funding to support passenger rail services within those business lines, and aligned with Amtrak's Strategic Plan and 5-year asset plans under subsection (c);

(B)

all projected revenues and expenditures for the business line, including identification of revenues and expenditures incurred by—

(i)

passenger operations;

(ii)

non-passenger operations that are directly related to the business line; and

(iii)

governmental funding sources, including revenues and other funding received from States;

(C)

projected ridership levels for all passenger operations;

(D)

estimates of long-term and short-term debt and associated principal and interest payments (both current and forecasts);

(E)

annual profit and loss statements and forecasts and balance sheets;

(F)

annual cash flow forecasts;

(G)

a statement describing the methodologies and significant assumptions underlying estimates and forecasts;

(H)

specific performance measures that demonstrate year over year changes in the results of Amtrak’s operations;

(I)

financial performance for each route within each business line, including descriptions of the cash operating loss or contribution and labor productivity for each route;

(J)

specific costs and savings estimates resulting from reform initiatives;

(K)

prior fiscal year and projected equipment reliability statistics; and

(L)

an identification and explanation of any major adjustments made from previously approved plans.

(3)

5-year business line plans process

In meeting the requirements of this section, Amtrak shall—

(A)

coordinate the development of the business line plans with the Secretary;

(B)

for the Northeast Corridor business line plan, coordinate with the Northeast Corridor Commission and transmit to the Commission the final plan under subsection (a)(1), and consult with other entities, as appropriate;

(C)

for the State-supported route business line plan, coordinate with the State-Supported Route Committee established under section 24712;

(D)

for the long-distance route business line plan, coordinate with any States or Interstate Compacts that provide funding for such routes, as appropriate;

(E)

ensure that Amtrak's annual budget request to Congress is consistent with the information in the 5-year business line plans; and

(F)

identify the appropriate Amtrak officials that are responsible for each business line.

(4)

Standards to promote financial stability

In meeting the requirements under this subsection, Amtrak shall use the categories specified in the financial accounting and reporting system developed under section 203 of the Passenger Rail Investment and Improvement Act of 2008 (49 U.S.C. 24101 note) when preparing its 5-year business line plans.

(c)

Amtrak 5-Year Asset plans

(1)

Asset categories

Amtrak shall prepare a 5-year asset plan for each of the following asset categories:

(A)

Infrastructure, including all Amtrak-controlled Northeast Corridor assets and other Amtrak-owned infrastructure, and the associated facilities that support the operation, maintenance, and improvement of those assets.

(B)

Passenger rail equipment, including all Amtrak-controlled rolling stock, locomotives, and mechanical shop facilities that are used to overhaul equipment.

(C)

Stations, including all Amtrak-controlled passenger rail stations and elements of other stations for which Amtrak has legal responsibility or intends to make capital investments.

(D)

National assets, including national reservations, security, training and training centers, and other assets associated with Amtrak’s national passenger rail transportation system.

(2)

Contents of 5-year asset plans

Each asset plan shall include, at a minimum—

(A)

a summary of Amtrak's 5-year strategic plan for each asset category, including goals, objectives, any relevant performance metrics, and statutory or regulatory actions affecting the assets;

(B)

an inventory of existing Amtrak capital assets, to the extent practicable, including information regarding shared use or ownership, if applicable;

(C)

a prioritized list of proposed capital investments that—

(i)

categorizes each capital project as being primarily associated with—

(I)

normalized capital replacement;

(II)

backlog capital replacement;

(III)

improvements to support service enhancements or growth;

(IV)

strategic initiatives that will improve overall operational performance, lower costs, or otherwise improve Amtrak's corporate efficiency; or

(V)

statutory, regulatory, or other legal mandates;

(ii)

identifies each project or program that is associated with more than 1 category described in clause (i); and

(iii)

describes the anticipated business outcome of each project or program identified under this subparagraph, including an assessment of—

(I)

the potential effect on passenger operations, safety, reliability, and resilience;

(II)

the potential effect on Amtrak's ability to meet regulatory requirements if the project or program is not funded; and

(III)

the benefits and costs; and

(D)

annual profit and loss statements and forecasts and balance sheets for each asset category.

(3)

5-year asset plan process

In meeting the requirements of this subsection, Amtrak shall—

(A)

coordinate with each business line described in subsection (b)(1) in the preparation of each 5-year asset plan and ensure integration of each 5-year asset plan with the 5-year business line plans;

(B)

as applicable, coordinate with the Northeast Corridor Commission, the State-Supported Route Committee, and owners of assets affected by 5-year asset plans; and

(C)

identify the appropriate Amtrak officials that are responsible for each asset category.

(4)

Evaluation of national assets costs

The Secretary shall—

(A)

evaluate the costs and scope of all national assets; and

(B)

determine the activities and costs that are—

(i)

required in order to ensure the efficient operations of a national passenger rail system;

(ii)

appropriate for allocation to 1 of the other Amtrak business lines; and

(iii)

extraneous to providing an efficient national passenger rail system or are too costly relative to the benefits or performance outcomes they provide.

(5)

Definition of national assets

In this section, the term national assets means the Nation’s core rail assets shared among Amtrak services, including national reservations, security, training and training centers, and other assets associated with Amtrak’s national passenger rail transportation system.

(6)

Restructuring of national assets

Not later than 1 year after the date of completion of the evaluation under section 24320(c)(4), the Administrator of the Federal Railroad Administration, in consultation with the Amtrak Board of Directors, the governors of each relevant State, and the Mayor of the District of Columbia, or their designees, shall restructure or reallocate, or both, the national assets costs in accordance with the determination under that section, including making appropriate updates to Amtrak’s cost accounting methodology and system.

.

(b)

Effective date

The requirements for Amtrak to submit final 5-year business line plans and 5-year asset plans under section 24320 of title 49, United States Code, shall take effect 1 year after the date of enactment of this Act.

(c)

Conforming amendments

The table of contents for chapter 243, as amended by section 5201 of this Act, is further amended by adding at the end the following:

24320. Amtrak 5-year business line and asset plans.

.

(d)

Repeal of 5-Year Financial Plan

Section 204 of the Passenger Rail Investment and Improvement Act of 2008 (49 U.S.C. 24101 note), and the item relating to that section in the table of contents of that Act, are repealed.

(e)

Identification of duplicative reporting requirements

Not later than 1 year after the date of enactment of this Act, the Secretary shall—

(1)

review existing Amtrak reporting requirements and identify where the existing requirements are duplicative with the business line and capital plans required by section 24320 of title 49, United States Code;

(2)

if the duplicative reporting requirements are administrative, the Secretary shall eliminate the duplicative requirements; and

(3)

submit to Congress a report with any recommendations for repealing any other duplicative Amtrak reporting requirements.

5203.

State-supported route committee

(a)

Amendment

Chapter 247 is amended by adding at the end the following:

24712.

State-supported routes operated by Amtrak

(a)

State-Supported Route Committee

(1)

Establishment

Not later than 180 days after the date of enactment of the Comprehensive Transportation and Consumer Protection Act of 2015, the Secretary of Transportation shall establish the State-Supported Route Committee (referred to in this section as the Committee) to promote mutual cooperation and planning pertaining to the rail operations of Amtrak and related activities of trains operated by Amtrak on State-supported routes and to further implement section 209 of the Passenger Rail Investment and Improvement Act of 2008 (49 U.S.C. 24101 note).

(2)

Membership

(A)

In general

The Committee shall consist of—

(i)

members representing Amtrak;

(ii)

members representing the Department of Transportation, including the Federal Railroad Administration; and

(iii)

members representing States, including other public entities that sponsor the operation of trains by Amtrak on a State-supported route, designated by, and serving at the pleasure of, the chief executive officer thereof.

(B)

Non-voting members

The Committee may invite and accept other non-voting members to participate in Committee activities, as appropriate.

(3)

Decisionmaking

The Committee shall establish a bloc voting system under which, at a minimum—

(A)

there are 3 separate voting blocs to represent the Committee’s voting members, including—

(i)

1 voting bloc to represent the members described in paragraph (2)(A)(i);

(ii)

1 voting bloc to represent the members described in paragraph (2)(A)(ii); and

(iii)

1 voting bloc to represent the members described in paragraph (2)(A)(iii);

(B)

each voting bloc has 1 vote;

(C)

the vote of the voting bloc representing the members described in paragraph (2)(A)(iii) requires the support of at least two-thirds of that voting bloc’s members; and

(D)

the Committee makes decisions by unanimous consent of the 3 voting blocs.

(4)

Meetings; rules and procedures

The Committee shall convene a meeting and shall define and implement the rules and procedures governing the Committee’s proceedings not later than 180 days after the date of establishment of the Committee by the Secretary. The rules and procedures shall—

(A)

incorporate and further describe the decisionmaking procedures to be used in accordance with paragraph (3); and

(B)

be adopted in accordance with such decisionmaking procedures.

(5)

Committee decisions

Decisions made by the Committee in accordance with the Committee’s rules and procedures, once established, are binding on all Committee members.

(6)

Cost allocation methodology

(A)

In general

Subject to subparagraph (B), the Committee may amend the cost allocation methodology required and previously approved under section 209 of the Passenger Rail Investment and Improvement Act of 2008 (49 U.S.C. 24101 note).

(B)

Procedures for changing methodology

The rules and procedures implemented under paragraph (4) shall include procedures for changing the cost allocation methodology.

(C)

Requirements

The cost allocation methodology shall—

(i)

ensure equal treatment in the provision of like services of all States and groups of States; and

(ii)

allocate to each route the costs incurred only for the benefit of that route and a proportionate share, based upon factors that reasonably reflect relative use, of costs incurred for the common benefit of more than 1 route.

(b)

Invoices and reports

Not later than February 15, 2016, and monthly thereafter, Amtrak shall provide to each State that sponsors a State-supported route a monthly invoice of the cost of operating such route, including fixed costs and third-party costs. The Committee shall determine the frequency and contents of the financial and performance reports that Amtrak shall provide to the States, as well as the planning and demand reports that the States shall provide to Amtrak.

(c)

Dispute resolution

(1)

Request for dispute resolution

If a dispute arises with respect to the rules and procedures implemented under subsection (a)(4), an invoice or a report provided under subsection (b), implementation or compliance with the cost allocation methodology developed under section 209 of the Passenger Rail Investment and Improvement Act of 2008 (49 U.S.C. 24101 note) or amended under subsection (a)(6) of this section, either Amtrak or the State may request that the Surface Transportation Board conduct dispute resolution under this subsection.

(2)

Procedures

The Surface Transportation Board shall establish procedures for resolution of disputes brought before it under this subsection, which may include provision of professional mediation services.

(3)

Binding effect

A decision of the Surface Transportation Board under this subsection shall be binding on the parties to the dispute.

(4)

Obligation

Nothing in this subsection shall affect the obligation of a State to pay an amount not in dispute.

(d)

Assistance

(1)

In general

The Secretary may provide assistance to the parties in the course of negotiations for a contract for operation of a State-supported route.

(2)

Financial assistance

From among available funds, the Secretary shall—

(A)

provide financial assistance to Amtrak or 1 or more States to perform requested independent technical analysis of issues before the Committee; and

(B)

reimburse Members for travel expenses, including per diem in lieu of subsistence, in accordance with section 5703 of title 5.

(e)

Performance metrics

In negotiating a contract for operation of a State-supported route, Amtrak and the State or States that sponsor the route shall consider including provisions that provide penalties and incentives for performance.

(f)

Statement of goals and objectives

(1)

In general

The Committee shall develop a statement of goals, objectives, and associated recommendations concerning the future of State-supported routes operated by Amtrak. The statement shall identify the roles and responsibilities of Committee members and any other relevant entities, such as host railroads, in meeting the identified goals and objectives, or carrying out the recommendations. The Committee may consult with such relevant entities, as the Committee considers appropriate, when developing the statement.

(2)

Transmission of statement of goals and objectives

Not later than 2 years after the date of enactment of the Comprehensive Transportation and Consumer Protection Act of 2015 the Committee shall transmit the statement developed under paragraph (1) to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives.

(g)

Rule of Construction

The decisions of the Committee—

(1)

shall pertain to the rail operations of Amtrak and related activities of trains operated by Amtrak on State-sponsored routes; and

(2)

shall not pertain to the rail operations or related activities of services operated by other rail passenger carriers on State-supported routes.

(h)

Federal Advisory Committee Act

The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Committee.

(i)

Definition of State

In this section, the term State means each of the 50 States, the District of Columbia, and a public entity that sponsors the operation of trains by Amtrak on a State-supported route.

.

(b)

Technical and conforming amendments

The table of contents for chapter 247 is amended by adding at the end the following:

24712. State-supported routes operated by Amtrak.

.

5204.

Route and service planning decisions

Section 208 of the Passenger Rail Investment and Improvement Act of 2008 (49 U.S.C. 24101 note) is amended to read as follows:

208.

Methodologies for Amtrak route and service planning decisions

(a)

Methodology development

Not later than 180 days after the date of enactment of the Comprehensive Transportation and Consumer Protection Act of 2015, as a condition of receiving a grant under section 101 of that Act, Amtrak shall obtain the services of an independent entity to develop and recommend objective methodologies for Amtrak to use in determining what intercity rail passenger transportation routes and services it should provide, including the establishment of new routes, the elimination of existing routes, and the contraction or expansion of services or frequencies over such routes.

(b)

Considerations

Amtrak shall require the independent entity, in developing the methodologies described in subsection (a), to consider—

(1)

the current and expected performance and service quality of intercity rail passenger transportation operations, including cost recovery, on-time performance, ridership, on-board services, stations, facilities, equipment, and other services;

(2)

the connectivity of a route with other routes;

(3)

the transportation needs of communities and populations that are not well served by intercity rail passenger transportation service or by other forms of intercity transportation;

(4)

the methodologies of Amtrak and major intercity rail passenger transportation service providers in other countries for determining intercity passenger rail routes and services;

(5)

the financial and operational effects on the overall network, including the effects on indirect costs;

(6)

the views of States and the recommendations described in State rail plans, rail carriers that own infrastructure over which Amtrak operates, Interstate Compacts established by Congress and States, Amtrak employee representatives, stakeholder organizations, and other interested parties; and

(7)

the funding levels that will be available under authorization levels that have been enacted into law.

(c)

Recommendations

Not later than 1 year after the date of enactment of the Comprehensive Transportation and Consumer Protection Act of 2015, Amtrak shall transmit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives recommendations developed by the independent entity under subsection (a).

(d)

Consideration of recommendations

Not later than 90 days after the date the recommendations are transmitted under subsection (c), Amtrak shall consider the adoption of each recommendation and transmit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report explaining the reasons for adopting or not adopting each recommendation.

.

5205.

Competition

(a)

Alternate passenger rail service pilot program

Section 24711 is amended to read as follows:

24711.

Alternate passenger rail service pilot program

(a)

In general

Not later than 18 months after the date of enactment of the Comprehensive Transportation and Consumer Protection Act of 2015, the Secretary of Transportation shall promulgate a rule to implement a pilot program for competitive selection of rail carriers for long-distance routes (as defined in section 24102).

(b)

Pilot program requirements

(1)

In general

The pilot program shall—

(A)

allow a party described in paragraph (2) to petition the Secretary to provide intercity rail passenger transportation over a long-distance route in lieu of Amtrak for an operations period of 4 years from the date of commencement of service by the winning bidder and, at the option of the Secretary, consistent with the rule promulgated under subsection (a), allow the contract to be renewed for an additional operations period of 4 years, but not to exceed a total of 3 operations periods;

(B)

require the Secretary to—

(i)

notify the petitioner and Amtrak of receipt of the petition under subparagraph (A) and to publish in the Federal Register a notice of receipt not later than 30 days after the date of receipt; and

(ii)

establish a deadline, of not more than 120 days after the notice of receipt is published in the Federal Register under clause (i), by which both the petitioner and Amtrak, if Amtrak chooses to do so, would be required to submit a complete bid to provide intercity rail passenger transportation over the applicable route;

(C)

require that each bid—

(i)

describe the capital needs, financial projections, and operational plans, including staffing plans, for the service, and such other factors as the Secretary considers appropriate; and

(ii)

be made available by the winning bidder to the public after the bid award;

(D)

for a route that receives funding from a State or States, require that for each bid received from a party described in paragraph (2), other than a State, the Secretary have the concurrence of the State or States that provide funding for that route;

(E)

for a winning bidder that is not or does not include Amtrak, require the Secretary to execute a contract not later than 270 days after the deadline established under subparagraph (B)(ii) and award to the winning bidder—

(i)

subject to paragraphs (3) and (4), the right and obligation to provide intercity rail passenger transportation over that route subject to such performance standards as the Secretary may require; and

(ii)

an operating subsidy, as determined by the Secretary, for—

(I)

the first year at a level that does not exceed 90 percent of the level in effect for that specific route during the fiscal year preceding the fiscal year in which the petition was received, adjusted for inflation; and

(II)

any subsequent years at the level calculated under subclause (I), adjusted for inflation; and

(F)

for a winning bidder that is or includes Amtrak, award to that bidder an operating subsidy, as determined by the Secretary, over the applicable route that will not change during the fiscal year in which the bid was submitted solely as a result of the winning bid.

(2)

Eligible petitioners

The following parties are eligible to submit petitions under paragraph (1):

(A)

A rail carrier or rail carriers that own the infrastructure over which Amtrak operates a long-distance route.

(B)

A rail passenger carrier with a written agreement with the rail carrier or rail carriers that own the infrastructure over which Amtrak operates a long-distance route and that host or would host the intercity rail passenger transportation.

(C)

A State, group of States, or State-supported joint powers authority or other sub-State governance entity responsible for provision of intercity rail passenger transportation with a written agreement with the rail carrier or rail carriers that own the infrastructure over which Amtrak operates a long-distance route and that host or would host the intercity rail passenger transportation.

(D)

A State, group of States, or State-supported joint powers authority or other sub-State governance entity responsible for provision of intercity rail passenger transportation and a rail passenger carrier with a written agreement with the rail carrier or rail carriers that own the infrastructure over which Amtrak operates a long-distance route and that host or would host the intercity rail passenger transportation.

(3)

Performance standards

If the winning bidder under paragraph (1)(E)(i) is not or does not include Amtrak, the performance standards shall be consistent with the performance required of or achieved by Amtrak on the applicable route during the last fiscal year.

(4)

Agreement governing access issues

Unless the winning bidder already has applicable access agreements in place or includes a rail carrier that owns the infrastructure used in the operation of the route, the winning bidder under paragraph (1)(E)(i) shall enter into a written agreement governing access issues between the winning bidder and the rail carrier or rail carriers that own the infrastructure over which the winning bidder would operate and that host or would host the intercity rail passenger transportation.

(c)

Access to facilities; employees

If the Secretary awards the right and obligation to provide rail passenger transportation over a route under this section to an entity in lieu of Amtrak—

(1)

the Secretary shall require Amtrak to provide access to the Amtrak-owned reservation system, stations, and facilities directly related to operations of the awarded routes to the rail passenger carrier awarded a contract under this section, in accordance with subsection (g), as necessary to carry out the purposes of this section;

(2)

an employee of any person, except for a freight railroad or a person employed or contracted by a freight railroad, used by such rail passenger carrier in the operation of a route under this section shall be considered an employee of that rail passenger carrier and subject to the applicable Federal laws and regulations governing similar crafts or classes of employees of Amtrak; and

(3)

the winning bidder shall provide hiring preference to qualified Amtrak employees displaced by the award of the bid, consistent with the staffing plan submitted by the bidder, and shall be subject to the grant conditions under section 24405.

(d)

Cessation of service

If a rail passenger carrier awarded a route under this section ceases to operate the service or fails to fulfill an obligation under the contract required under subsection (b)(1)(E), the Secretary shall take any necessary action consistent with this title to enforce the contract and ensure the continued provision of service, including—

(1)

the installment of an interim rail passenger carrier;

(2)

providing to the interim rail passenger carrier under paragraph (1) an operating subsidy necessary to provide service; and

(3)

rebidding the contract to operate the rail passenger transportation.

(e)

Budget authority

(1)

In general

The Secretary shall provide to a winning bidder that is not or does not include Amtrak and that is selected under this section any appropriations withheld under section 5101(c) of the Comprehensive Transportation and Consumer Protection Act of 2015, or any subsequent appropriation for the same purpose, necessary to cover the operating subsidy described in subsection (b)(1)(E)(ii).

(2)

Amtrak

If the Secretary selects a winning bidder that is not or does not include Amtrak, the Secretary may provide to Amtrak an appropriate portion of the appropriations under section 5101(a) of the Comprehensive Transportation and Consumer Protection Act of 2015, or any subsequent appropriation for the same purpose, to cover any cost directly attributable to the termination of Amtrak service on the route and any indirect costs to Amtrak imposed on other Amtrak routes as a result of losing service on the route operated by the winning bidder. Any amount provided by the Secretary to Amtrak under this paragraph shall not be deducted from or have any effect on the operating subsidy described in subsection (b)(1)(E)(ii).

(f)

Deadline

If the Secretary does not promulgate the final rule and implement the program before the deadline under subsection (a), the Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a letter, signed by the Secretary and Administrator of the Federal Railroad Administration, each month until the rule is complete, including—

(1)

the reasons why the rule has not been issued;

(2)

an updated staffing plan for completing the rule as soon as feasible;

(3)

the contact information of the official that will be overseeing the execution of the staffing plan; and

(4)

the estimated date of completion of the rule.

(g)

Disputes

If Amtrak and the rail passenger carrier awarded a route under this section cannot agree upon terms to carry out subsection (c)(1), and the Surface Transportation Board finds that access to Amtrak’s facilities or equipment, or the provision of services by Amtrak, is necessary under subsection (c)(1) and that the operation of Amtrak’s other services will not be impaired thereby, the Surface Transportation Board shall issue an order that the facilities and equipment be made available, and that services be provided, by Amtrak, and shall determine reasonable compensation, liability, and other terms for use of the facilities and equipment and provision of the services.

(h)

Limitation

Not more than 3 long-distance routes may be selected under this section for operation by a winning bidder that is not or does not include Amtrak.

(i)

Preservation of Right to Competition on State-Supported Routes

Nothing in this section shall be construed as prohibiting a State from introducing competition for intercity rail passenger transportation or services on its State-supported route or routes.

.

(b)

Report

Not later than 4 years after the date of implementation of the pilot program under section 24711 of title 49, United States Code, and quadrennially thereafter until the pilot program is discontinued, the Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the results on the pilot program to date and any recommendations for further action.

5206.

Rolling stock purchases

(a)

In general

Prior to entering into any contract in excess of $100,000,000 for rolling stock and locomotive procurements Amtrak shall submit a business case analysis to the Secretary, the Committee on Commerce, Science, and Transportation and the Committee on Appropriations of the Senate and the Committee on Transportation and Infrastructure and the Committee on Appropriations of the House of Representatives, on the utility of such procurements.

(b)

Contents

The business case analysis shall—

(1)

include a cost and benefit comparison that describes the total lifecycle costs and the anticipated benefits related to revenue, operational efficiency, reliability, and other factors;

(2)

set forth the total payments by fiscal year;

(3)

identify the specific source and amounts of funding for each payment, including Federal funds, State funds, Amtrak profits, Federal, State, or private loans or loan guarantees, and other funding;

(4)

include an explanation of whether any payment under the contract will increase Amtrak’s grant request, as required under section 24318 of title 49, United States Code, in that particular fiscal year; and

(5)

describe how Amtrak will adjust the procurement if future funding is not available.

(c)

Rule of construction

Nothing in this section shall be construed as requiring Amtrak to disclose confidential information regarding a potential vendor’s proposed pricing or other sensitive business information prior to contract execution.

5207.

Food and beverage policy

(a)

In general

Chapter 243, as amended in section 5202 of this Act, is further amended by adding after section 24320 the following:

24321.

Food and beverage reform

(a)

Plan

Not later than 90 days after the date of enactment of the Comprehensive Transportation and Consumer Protection Act of 2015, Amtrak shall develop and begin implementing a plan to eliminate, not later than 4 years after the date of enactment of that A