[Senate Report 115-390]
[From the U.S. Government Publishing Office]
Calendar No. 677
115th Congress } { Report
SENATE
2d Session } { 115-390
_______________________________________________________________________
DEPARTMENT OF TRANSPORTATION REPORTS HARMONIZATION ACT
__________
R E P O R T
of the
COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
on
S. 3367
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
November 27, 2018.--Ordered to be printed
______
U.S. GOVERNMENT PUBLISHING OFFICE
89-010 WASHINGTON : 2018
SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
one hundred fifteenth congress
second session
JOHN THUNE, South Dakota, Chairman
ROGER F. WICKER, Mississippi BILL NELSON, Florida
ROY BLUNT, Missouri MARIA CANTWELL, Washington
TED CRUZ, Texas AMY KLOBUCHAR, Minnesota
DEB FISCHER, Nebraska RICHARD BLUMENTHAL, Connecticut
JERRY MORAN, Kansas BRIAN SCHATZ, Hawaii
DAN SULLIVAN, Alaska EDWARD J. MARKEY, Massachusetts
DEAN HELLER, Nevada TOM UDALL, New Mexico
JAMES M. INHOFE, Oklahoma GARY C. PETERS, Michigan
MIKE LEE, Utah TAMMY BALDWIN, Wisconsin
RON JOHNSON, Wisconsin TAMMY DUCKWORTH, Illinois
SHELLEY MOORE CAPITO, West Virginia MARGARET WOOD HASSAN, New Hampshire
CORY GARDNER, Colorado CATHERINE CORTEZ MASTO, Nevada
TODD C. YOUNG, Indiana JON TESTER, Montana
Nick Rossi, Staff Director
Adrian Arnakis, Deputy Staff Director
Jason Van Beek, General Counsel
Kim Lipsky, Democratic Staff Director
Christopher Day, Democratic Deputy Staff Director
Calendar No. 677
115th Congress } { Report
SENATE
2d Session } { 115-390
======================================================================
DEPARTMENT OF TRANSPORTATION REPORTS HARMONIZATION ACT
_______
November 27, 2018.--Ordered to be printed
_______
Mr. Thune, from the Committee on Commerce, Science, and Transportation,
submitted the following
R E P O R T
[To accompany S. 3367]
[Including cost estimate of the Congressional Budget Office]
The Committee on Commerce, Science, and Transportation, to
which was referred the bill (S. 3367) to amend certain
transportation-related reporting requirements to improve
congressional oversight, reduce reporting burdens, and promote
transparency, and for other purposes, having considered the
same, reports favorably thereon with an amendment (in the
nature of a substitute) and recommends that the bill (as
amended) do pass.
Purpose of the Bill
The purpose of S. 3367 is to promote transparency and
reduce reporting burdens by requiring the Department of
Transportation (DOT) to make certain reports publicly available
online, eliminating and streamlining certain DOT-related
reporting requirements, and sunsetting certain Federal advisory
councils and committees that are, or will be, no longer active.
Background and Needs
DOT, with its surface and maritime transportation
administrations, currently prepares a significant number of
reports to be submitted to Congress or otherwise made
available. For some of these reports, greater public benefit
could be provided by requiring that such reports, or the
information contained in them, be made available online--rather
than simply sent to Congress--to facilitate greater access to
DOT-related information and data. Further, while many of these
reports are valuable for congressional oversight and decision-
making, some are duplicative, unnecessary, or outdated, and DOT
staff resources could be better spent on other duties,
including addressing safety issues.
In the Government-wide Burden Reduction Fiscal Year 2019
Report,\1\ DOT identifies a number of duplicative, unnecessary,
or outdated reports, making recommendations as to the whether
the reports should be eliminated or otherwise modified. S. 3367
would address some of the reports identified by DOT, as well as
other reports found to benefit from streamlining or
consolidation. S. 3367 also would update reporting
requirements, making valuable reports publicly available
instead of being submitted to Congress.
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\1\The Burden Reduction FY 2019 Report (https://
www.performance.gov/elimination/
Final_Burden_Reduction_FY2019_Report.pdf).
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Moreover, pursuant to the Federal Advisory Committee
Act,\2\ DOT also has a number of Federal advisory councils and
committees, some of which are inactive, defunct, or will be
unnecessary after certain objectives are achieved. By providing
sunsets for these Federal advisory councils and committees, DOT
could sharpen its focus and save resources that otherwise would
be expended managing such councils and committees. S. 3367
would provide such sunset dates.
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\2\5 U.S.C. App.
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In short, S. 3367 initially could save DOT nearly $500,000,
or approximately 5,000 hours, following enactment through the
elimination or streamlining of duplicative, unnecessary, or
outdated reports and the sunset of Federal advisory councils
and committees. Over the next 10 years, S. 3367 would be
expected to save approximately $2 million in DOT staff
resources and other costs.
Summary of Provisions
If enacted, S. 3367 would do the following:
Increase transparency and ensure that the public
has greater access to information compiled by DOT
by requiring DOT to make certain reports publicly
available online that DOT currently is required to
submit to Congress.
Improve staff resource allocation by reducing
certain DOT reporting requirements by reducing the
frequency of reports, eliminating reports
altogether if that information is otherwise made
publicly available or is deemed unnecessary, or
consolidating reporting requirements where
appropriate.
Help sharpen agency focus and save resources by
setting sunset dates for certain DOT-related
Federal advisory councils and committees that are,
or will be, no longer active.
Legislative History
S. 3367 was introduced on August 22, 2018, by Senator Thune
and was referred to the Committee on Commerce, Science, and
Transportation of the Senate. On September 5, 2018, the
Committee met in open Executive Session and by voice vote
ordered
S. 3367 to be reported favorably with an amendment (in the
nature of a substitute).
Estimated Costs
In accordance with paragraph 11(a) of rule XXVI of the
Standing Rules of the Senate and section 403 of the
Congressional Budget Act of 1974, the Committee provides the
following cost estimate, prepared by the Congressional Budget
Office:
S. 3367--Department of Transportation Reports Harmonization Act
S. 3367 would require various agencies within the
Department of Transportation (DOT) to make numerous reports
that they already produce for the Congress publicly available
on DOT's website. The bill also would require the Federal Rail
Administration (FRA) within DOT to complete a new analysis on
the use of federal funds for eliminating hazards where highways
and railroads intersect.
Using information from DOT, CBO estimates that the
department would incur costs of about $50,000 to make the
reports available on its website. CBO also estimates that it
would cost FRA about $100,000 a year for the equivalent of one
full-time employee to produce the required report. As a result,
CBO estimates that enacting S. 3367 would have no significant
cost over the 2019-2023 period.
Enacting S. 3367 would not affect direct spending or
revenues; therefore, pay-as-you-go procedures do not apply.
CBO estimates that enacting S. 3367 would not increase net
direct spending or on-budget deficits in any of the four
consecutive 10-year periods beginning in 2029.
S. 3367 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act.
The CBO staff contact for this estimate is Sarah Puro. The
estimate was reviewed by H. Samuel Papenfuss, Deputy Assistant
Director for Budget Analysis.
Regulatory Impact Statement
In accordance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee provides the
following evaluation of the regulatory impact of the
legislation, as reported:
number of persons covered
S. 3367, as reported, would not create any new programs or
impose any new regulatory requirements and therefore would not
subject any individuals or businesses to new regulations.
economic impact
S. 3367, as reported, is not expected to have a negative
impact on the Nation's economy.
privacy
S. 3367, as reported, is not expected to have an adverse
impact on the personal privacy of individuals.
paperwork
S. 3367, as reported, would largely reduce paperwork
requirements for DOT because it would streamline, eliminate, or
consolidate certain reports.
Congressionally Directed Spending
In compliance with paragraph 4(b) of rule XLIV of the
Standing Rules of the Senate, the Committee provides that no
provisions contained in the bill, as reported, meet the
definition of congressionally directed spending items under the
rule.
Section-by-Section Analysis
Section 1. Short title.
This section would provide that the bill may be cited as
the ``Department of Transportation Reports Harmonization Act.''
Section 2. Effective date.
This section would establish the effective date for
sections 6, 8, and 12 of the bill as January 1, 2019.
Otherwise, the effective date of the bill would be the date of
enactment.
Section 3. Public availability of charges and fees for attendance at
United States Merchant Marine Academy.
This section would require the Secretary of Transportation
to post on a publicly available website, and to present at the
next meeting of the Board of Visitors, changes to charges and
fees for attendance at the United States Merchant Marine
Academy. This section would ensure that the public and the
Board of Visitors, which includes members of the public as well
as Members of Congress, has direct access to this information.
Given that this information would be made publicly available,
this section also would eliminate the requirement for the
separate notification of Congress.
Section 4. Public availability of information on aligning Federal
environmental reviews.
This section would require the Secretary of Transportation
to make publicly available on DOT's website its biennial report
to Congress describing progress on aligning Federal
environmental reviews and accelerating the environmental review
and permitting process. This section would ensure greater
transparency to the public on progress made in achieving these
objectives.
Section 5. Public availability of information on University
Transportation Centers program.
This section would require the Secretary of Transportation
to make publicly available on DOT's website its report
describing the overall process for selecting recipients of
grants for the University Transportation Centers program, as
well as its annual report reviewing and evaluating the program.
This section would ensure public availability of the selection
process for such grants and the evaluations of funded programs.
Given that this information would be made publicly available,
this section also would eliminate the requirement that the
Secretary submit to Congress annual reports reviewing and
evaluating the program.
Section 6. Public availability of reports by Inspector General of
Department of Transportation.
This section would require the following: (1) the Secretary
of Transportation to make publicly available a list of
statutory mandates, regarding pipeline safety or hazardous
materials safety that have not yet been implemented, by either
posting the list on DOT's website or including the list in the
regulatory flexibility agenda or a regulatory planning
document; and (2) the Inspector General to make publicly
available on its website a list of its relevant open safety
recommendations. This section also would eliminate the
requirement that the Secretary of Transportation submit a
report to Congress on the actions taken to implement DOT Office
of Inspector General and National Transportation Safety Board
(NTSB) safety recommendations, which would be available online.
It also would eliminate a reporting requirement on unmet
statutory mandates, given that the Secretary of Transportation
already is required to make publicly available on DOT's website
the status of final rules for certain outstanding regulations,
and notify Congress once such rules are published,\3\ and
include in its public regulatory planning documents a list of
regulatory actions under development.
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\3\Section 3 of the PIPES Act of 2016 (P.L. 114-183; 130 Stat.
514).
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Section 7. Public availability of Secretary of Transportation's
responses to safety recommendations.
This section would require NTSB to make its
recommendations, the Secretary of Transportation's responses to
these recommendations, and the status of implementation of each
recommendation publicly available on NTSB's website. Current
law only requires NTSB to make each recommendation and response
available to the public at reasonable cost. Given that this
information would be publicly available, largely tracking with
NTSB's current practices, this section would eliminate the
requirement that the Secretary of Transportation report to
Congress and NTSB on the status of each recommendation on
NTSB's ``Most Wanted List.'' This section also would clarify
that the annual report on NTSB activities--including a list of
open recommendations from the prior year that still require a
response from the Secretary and the most recent observed
response from the Secretary--may be submitted as part of the
agency's budget request or in a report to Congress.
Section 8. Consistency in response requirements to NTSB safety
recommendations.
This section would eliminate the requirement that the
Secretary of Transportation, Administrator of Pipeline and
Hazardous Materials Safety Administration, or Director of the
Office of Pipeline Safety submit responses to NTSB's
recommendations related to pipeline safety from the prior year
in a report to Congress. As explained above, section 7 would
require NTSB to make such responses publicly available on its
website, thus eliminating the need for this information to be
provided in a report to Congress.
Section 9. Streamlined Reporting for National Maritime Heritage Grants
Program.
This section would require the Secretary of Interior to
include in the Department of the Interior annual budget a
description of the National Maritime Heritage Grants program
and would eliminate a requirement that the Secretary of
Interior submit an annual report to Congress providing the
same.
Section 10. Periodic updates to highway-rail crossings reports and
plans.
This section would require the Administrator of the Federal
Railroad Administration, in consultation with the Federal
Highway Administration, to report to Congress every 5 years on
the progress being made by States to improve railway-highway
crossings. This section would consolidate under section 20167
of title 49, United States Code, reporting requirements from
section 130 of title 23, United States Code, and section 11401
of the Fixing America's Surface Transportation Act.\4\
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\4\49 U.S.C. 24407 note.
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Section 11. Updates to hazardous materials grant programs and reports.
This section would require the Secretary of Transportation
to make information on hazardous materials grant programs
publicly available on DOT's website and would eliminate a
requirement that the Secretary submit a report to Congress on
such matters.
This section also would require the Secretary of
Transportation to make publicly available on DOT's website the
following: (1) a statistical compilation of accidents and
casualties; (2) information on special permits; and (3) a list
and summary of Government regulations, criteria, orders,
guidance and special permits relating to the transportation of
hazardous materials. Currently, DOT is required to prepare, and
make publicly available on its website, a report to be updated
every 2 years that includes this information. This section also
would expand the information reported by DOT related to
guidance--which, for example, could include policy statements,
non-confidential letters, frequently asked questions, written
interpretations, and third-party standards developed under DOT
delegated authority--and would eliminate the requirement that
the Secretary prepare a specific report containing this
information.
Finally, this section would require the Secretary of
Transportation to include certain information on enforcement
and outstanding problems related to the transportation of
hazardous materials in DOT's annual budget instead of including
this information in the report mentioned above.
Section 12. Eliminating unnecessary reporting requirements for the
Regional Infrastructure Accelerator Demonstration Program.
This section would make the requirement that the Secretary
of Transportation report to Congress on the Regional
Infrastructure Accelerator Program contingent upon funds being
made available to carry out the program.
Section 13. Consolidated reporting on statutory mandates and
recommendations.
This section would require the Secretary of Transportation
to make publicly available online, or in the regulatory
flexibility agenda or in a regulatory planning document, a
description of the actions taken to implement unmet statutory
mandates on railroad safety. Given that regulatory progress
would be captured in these public regulatory planning
documents, or otherwise be made available to the public, this
section would eliminate the requirement that the Secretary
submit a report to Congress describing such actions, as well as
information on open safety recommendations made by NTSB's or
DOT's Office of Inspector General, which would be made
available online pursuant to sections 6 and 7.
Section 14. Reporting on the Northeast Corridor.
This section would require Amtrak, which controls the
infrastructure on most of the Northeast Corridor main line and
operates over such line, to include in its annual grant request
for the Northeast Corridor an update on the status of efforts
to improve safety and security on the Northeast Corridor main
line. This section would accordingly eliminate the requirement
that the Secretary of Transportation submit a report to
Congress providing this information.
Section 15. In-vehicle alcohol detection device research report.
This section would require the Administrator of the
National Highway Traffic Safety Administration to provide a
biennial report to the appropriate committees of Congress on
the research effort on in-vehicle technology to prevent
alcohol-impaired driving. Since the program is transitioning
from the research stage to on-road pilots and deployment, an
annual report focused on research is no longer necessary.
Section 16. Highway safety programs report to Congress.
This section would eliminate the requirement that the
Secretary of Transportation report biennially to Congress on
each State's highway safety plan and instead require the
Secretary to make more updated information about each State's
performance publicly available online. This section also would
direct the Comptroller General of the United States to conduct
a review of the highway safety programs and submit a report of
its findings to the relevant committees.
Section 17. Waiver notification and annual reports.
This section would require the Secretary of Transportation
to make available on DOT's website an annual report on any
waivers granted under the Buy America requirements.
Section 18. Cessation of certain advisory councils and advisory
committees.
This section would sunset the Advisory Council on
Transportation Statistics and the National Rail Cooperative
Research Program Oversight Committee on January 1, 2019. This
section also would sunset the Northeast Corridor Safety
Committee on the date the Secretary of Transportation makes a
determination that positive train control has been fully
implemented along the Northeast Corridor.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
material is printed in italic, existing law in which no change
is proposed is shown in roman):
TITLE 23. HIGHWAYS
CHAPTER 1. FEDERAL-AID HIGHWAYS
Sec. 130. Railway-highway crossings
(a) * * *
[(g) Annual Report.--Each State shall report to the Secretary
not later than December 30 of each year on the progress being
made to implement the railway-highway crossings program
authorized by this section and the effectiveness of such
improvements. Each State report shall contain an assessment of
the costs of the various treatments employed and subsequent
accident experience at improved locations. The Secretary shall
submit a report to the Committee on Environment and Public
Works and the Committee on Commerce, Science, and
Transportation, of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives, not later than April 1, 2006, and every 2
years thereafter,, on the progress being made by the State in
implementing projects to improve railway-highway crossings. The
report shall include, but not be limited to, the number of
projects undertaken, their distribution by cost range, road
system, nature of treatment, and subsequent accident experience
at improved locations. In addition, the Secretary's report
shall analyze and evaluate each State program, identify any
State found not to be in compliance with the schedule of
improvements required by subsection (d) and include
recommendations for future implementation of the railroad
highway crossings program.]
(g) Annual Report.--
(1) In general.--Not later than December 30 of each
year, each State shall submit to the Administrator of
the Federal Highway Administration a report on the
progress being made to implement the railway-highway
crossings program authorized by this section and the
effectiveness of such improvements.
(2) Contents.--Each State report shall contain an
assessment of the costs of the various treatments
employed and subsequent accident experience at improved
locations.
(3) Coordination.--The Administrator of the Federal
Highway Administration shall make available to the
Administrator of the Federal Railroad Administration
each report submitted under paragraph (1).
(h) Use of Funds for Matching.--Funds authorized to be
appropriated to carry out this section may be used to provide a
local government with funds to be used on a matching basis when
State funds are available which may only be spent when the
local government produces matching funds for the improvement of
railway-highway crossings.
(i) Incentive Payments for At-grade Crossing Closures.--
(1) In general.--Notwithstanding any other provision
of this section and subject to paragraphs (2) and (3),
a State may, from sums available to the State under
this section, make incentive payments to local
governments in the State upon the permanent closure by
such governments of public at-grade railway-highway
crossings under the jurisdiction of such governments.
(2) Incentive payments by railroads.--A State may not
make an incentive payment under paragraph (1) to a
local government with respect to the closure of a
crossing unless the railroad owning the tracks on which
the crossing is located makes an incentive payment to
the government with respect to the closure.
(3) Amount of state payment.--The amount of the
incentive payment payable to a local government by a
State under paragraph (1) with respect to a crossing
may not exceed the lesser of--
(A) the amount of the incentive payment paid
to the government with respect to the crossing
by the railroad concerned under paragraph (2);
or
(B) $7,500.
(4) Use of state payments.--A local government
receiving an incentive payment from a State under
paragraph (1) shall use the amount of the incentive
payment for transportation safety improvements.
(j) Bicycle Safety.--In carrying out projects under this
section, a State shall take into account bicycle safety.
(k) Expenditure of Funds.--Not more than 2 percent of funds
apportioned to a State to carry out this section may be used by
the State for compilation and analysis of data in support of
activities carried out under subsection (g).
(l) National Crossing Inventory.--
(1) Initial reporting of crossing information.--Not
later than 1 year after the date of enactment of the
Rail Safety Improvement Act of 2008 or within 6 months
of a new crossing becoming operational, whichever
occurs later, each State shall report to the Secretary
of Transportation current information, including
information about warning devices and signage, as
specified by the Secretary, concerning each previously
unreported public crossing located within its borders.
(2) Periodic updating of crossing information.--On a
periodic basis beginning not later than 2 years after
the date of enactment of the Rail Safety Improvement
Act of 2008 and on or before September 30 of every year
thereafter, or as otherwise specified by the Secretary,
each State shall report to the Secretary current
information, including information about warning
devices and signage, as specified by the Secretary,
concerning each public crossing located within its
borders.
CHAPTER 4. HIGHWAY SAFETY
Sec. 402. Highway safety programs
(a) * * *
[(n) Biennial Report to Congress.--Not later than October 1,
2015, and biennially thereafter, the Secretary shall submit a
report to the Committee on Transportation and Infrastructure of
the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate that contains--
[(1) an evaluation of each State's performance with
respect to the State's highway safety plan under
subsection (k) and performance targets set by the
States in such plans; and
[(2) such recommendations as the Secretary may have
for improvements to activities carried out under
subsection (k).]
(n) Public Transparency.--The Secretary shall publicly
release on its website information that contains each State's
performance with respect to the State's highway safety plan
under subsection (k) and performance targets set by the States
in such plans. Such information shall be posted on the website
within 45 calendar days of approval of a State's highway safety
plan.
Sec. 403. Highway safety research and development
(a) * * *
(f) Cooperative Research and Evaluation.--
(1) Establishment and funding.--Notwithstanding the
apportionment formula set forth in section 402(c)(2),
$2,500,000 of the total amount available for
apportionment to the States for highway safety programs
under [subsection 402(c)] section 402(c) in each fiscal
year ending before October 1, 2015, and $443,989 of the
total amount available for apportionment to the States
for highway safety programs under section 402(c) in the
period beginning on October 1, 2015, and ending on
December 4, 2015, shall be available for expenditure by
the Secretary, acting through the Administrator of the
National Highway Traffic Safety Administration, for a
cooperative research and evaluation program to research
and evaluate priority highway safety countermeasures.
(2) Administration.--The program established under
paragraph (1)--
(A) shall be administered by the
Administrator of the National Highway Traffic
Safety Administration; and
(B) shall be jointly managed by the Governors
Highway Safety Association and the National
Highway Traffic Safety Administration.
(g) International Cooperation.--The Administrator of the
National Highway Traffic Safety Administration may participate
and cooperate in international activities to enhance highway
safety.
(h) In-vehicle Alcohol Detection Device Research.--
(1) In general.--The Administrator of the National
Highway Traffic Safety Administration shall carry out a
collaborative research effort under chapter 301 of
title 49 on in-vehicle technology to prevent alcohol-
impaired driving.
(2) Funding.--The Secretary shall obligate from funds
made available to carry out this section for the period
covering fiscal years 2017 through 2020 not more than
$21,248,000 to conduct the research described in
paragraph (1).
(3) Privacy protection.--The Administrator shall not
develop requirements for any device or means of
technology to be installed in an automobile intended
for retail sale that records a driver's blood alcohol
concentration.
(4) Reports.--The Administrator shall [submit an
annual report] submit a biennial report to the
Committee on Commerce, Science, and Transportation of
the Senate, the Committee on Transportation and
Infrastructure of the House of Representatives, and
Committee on Science, Space, and Technology of the
House of Representatives that--
(A) describes the progress made in carrying
out the collaborative research effort; and
(B) includes an accounting for the use of
Federal funds obligated or expended in carrying
out that effort.
(5) Definitions.--In this subsection:
(A) Alcohol-impaired driving.--The term
``alcohol-impaired driving'' means the
operation of a motor vehicle (as defined in
section 30102(a)(6) of title 49) by an
individual whose blood alcohol content is at or
above the legal limit.
(B) Legal limit.--The term ``legal limit''
means a blood alcohol concentration of 0.08
percent or greater (as set forth in section
163(a)) or such other percentage limitation as
may be established by applicable Federal,
State, or local law.
(i) Limitation on Drug and Alcohol Survey Data.--The
Secretary shall establish procedures and guidelines to ensure
that any person participating in a program or activity that
collects data on drug or alcohol use by drivers of motor
vehicles and is carried out under this section is informed that
the program or activity is voluntary.
(j) Federal Share.--The Federal share of the cost of any
project or activity carried out under this section may be not
more than 100 percent.
TITLE 46. SHIPPING
SUBTITLE V. MERCHANT MARINE
PART B. MERCHANT MARINE SERVICE
CHAPTER 513. UNITED STATES MERCHANT MARINE ACADEMY
Sec. 51314. Limitation on charges and fees for attendance
(a) Prohibition.--Except as provided in subsection (b), no
charge or fee for tuition, room, or board for attendance at the
United States Merchant Marine Academy may be imposed unless the
charge or fee is specifically authorized by a law enacted after
October 5, 1994.
(b) Exception.--The prohibition specified in subsection (a)
does not apply with respect to any item or service provided to
cadets for which a charge or fee is imposed as of October 5,
1994, or for calculators, computers, personal and academic
supplies, midshipman services such as barber, tailor, or
laundry services, and Coast Guard license fees. The Secretary
of Transportation [shall notify Congress of] shall present at
the next meeting of the Board of Visitors, and post on a
publicly available website, any change made by the Academy in
the amount of a charge or fee authorized under this subsection.
Such fees shall be credited to the Maritime Administration's
Operations and Training appropriation, to remain available
until expended, for those expenses directly related to the
purposes of the fees. Fees collected in excess of actual
expenses may be refunded to the Midshipmen through a mechanism
approved by the Secretary. The Academy shall maintain a
separate and detailed accounting of fee revenue and all
associated expenses.
TITLE 49. TRANSPORTATION
SUBTITLE I. DEPARTMENT OF TRANSPORTATION
CHAPTER 3. GENERAL DUTIES AND POWERS
SUBCHAPTER I. DUTIES OF THE SECRETARY OF TRANSPORTATION
Sec. 310. Aligning Federal environmental reviews
(a) * * *
(f) Reports.--
(1) Report to congress.--Not later than 2 years after
the date of enactment of this section and biennially
thereafter, the Secretary 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 that describes--
(A) progress in aligning Federal
environmental reviews under this section; and
(B) the impact this section has had on
accelerating the environmental review and
permitting process.
(2) Inspector general report.--Not later than 3 years
after the date of enactment of this section, 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, and make publicly available on the
Department of Transportation website, a report that
describes--
(A) progress in aligning Federal
environmental reviews under this section; and
(B) the impact this section has had on
accelerating the environmental review and
permitting process.
(g) Savings Provision.--This section shall not apply to any
project subject to section 139 of title 23.
SUBTITLE II. OTHER GOVERNMENT AGENCIES
CHAPTER 11. NATIONAL TRANSPORTATION SAFETY BOARD
SUBCHAPTER II. ORGANIZATION AND ADMINISTRATIVE
[Sec. 1117. Annual report
[The National Transportation Safety Board shall submit a
report to Congress on July 1 of each year. The report shall
include--
[(1) a statistical and analytical summary of the
transportation accident investigations conducted and
reviewed by the Board during the prior calendar year;
[(2) a survey and summary of the recommendations made
by the Board to reduce the likelihood of recurrence of
those accidents together with the observed response to
each recommendation;
[(3) a detailed appraisal of the accident
investigation and accident prevention activities of
other departments, agencies, and instrumentalities of
the United States Government and State and local
governmental authorities having responsibility for
those activities under a law of the United States or a
State;
[(4) a description of the activities and operations
of the National Transportation Safety Board Academy
during the prior calendar year;
[(5) a list of accidents, during the prior calendar
year, that the Board was required to investigate under
section 1131 but did not investigate and an explanation
of why they were not investigated; and
[(6) a list of ongoing investigations that have
exceeded the expected time allotted for completion by
Board order and an explanation for the additional time
required to complete each such investigation.]
Sec. 1117. Annual report
(a) In General.--The National Transportation Safety Board
shall submit the information described in subsection (b)--
(1) in a report to Congress on July 1 of each year;
or
(2) as part of its annual budget.
(b) Contents.--The information described in this subsection
includes--
(1) a statistical and analytical summary of the
transportation accident investigations conducted and
reviewed by the Board during the prior calendar year;
(2)(A) a survey and summary of the recommendations
made by the Board to reduce the likelihood of
recurrence of those accidents together with the
observed response to each recommendation; and
(B) an appendix that includes, for each
recommendation that was made by the Board, remains
open, and requires a response from the Secretary, the
most recent observed response from the Secretary to
such recommendation;
(3) a detailed appraisal of the accident
investigation and accident prevention activities of
other departments, agencies, and instrumentalities of
the United States Government and State and local
governmental authorities having responsibility for
those activities under a law of the United States or a
State;
(4) a description of the activities and operations of
the National Transportation Safety Board Academy during
the prior calendar year;
(5) a list of accidents, during the prior calendar
year, that the Board was required to investigate under
section 1131 but did not investigate and an explanation
of why they were not investigated; and
(6) a list of ongoing investigations that have
exceeded the expected time allotted for completion by
Board order and an explanation for the additional time
required to complete each such investigation.
SUBCHAPTER III. AUTHORITY
Sec. 1135. Secretary of Transportation's responses to safety
recommendations
[(a) General.--When the National Transportation Safety Board
submits a recommendation about transportation safety to the
Secretary of Transportation, the Secretary shall give to the
Board a formal written response to each recommendation not
later than 90 days after receiving the recommendation. The
response shall indicate whether the Secretary intends--
[(1) to carry out procedures to adopt the complete
recommendation;
[(2) to carry out procedures to adopt a part of the
recommendation; or
[(3) to refuse to carry out procedures to adopt the
recommendation.]
(a) Safety Transportation Recommendations.--
(1) In general.--Not later than 90 days after the
date that the Secretary of Transportation receives a
recommendation about transportation safety from the
National Transportation Safety Board, the Secretary
shall submit to the Board a formal written response to
the recommendation.
(2) Contents.--Each response under paragraph (1)
shall indicate whether the Secretary intends--
(A) to carry out procedures to adopt the
complete recommendation;
(B) to carry out procedures to adopt a part
of the recommendation; or
(C) to refuse to carry out procedures to
adopt the recommendation.
[(b) Timetable for Completing Procedures and Reasons for
Refusals.--A response under subsection (a)(1) or (2) of this
section shall include a copy of a proposed timetable for
completing the procedures. A response under subsection (a)(2)
of this section shall detail the reasons for the refusal to
carry out procedures on the remainder of the recommendation. A
response under subsection (a)(3) of this section shall detail
the reasons for the refusal to carry out procedures.]
(b) Timetable for Completing Procedures and Reasons for
Refusals.--A response under--
(1) subparagraph (B) or subparagraph (C) of
subsection (a)(2) shall include a copy of a proposed
timetable for completing the procedures;
(2) subsection (a)(2)(B) shall detail the reasons for
the refusal to carry out procedures on the remainder of
the recommendation; and
(3) subsection (a)(2)(C) shall detail the reasons for
the refusal to carry out procedures.
(c) Public Availability.--The Board shall make [a copy of
each recommendation and response available to the public at
reasonable cost] a response under subparagraph (B) or
subparagraph (C) of subsection (a)(2).
(d) Annual Report on Air Carrier Safety Recommendations.--
(1) In general.--The Secretary shall submit to
Congress and the Board, on an annual basis, a report on
the recommendations made by the Board to the Secretary
regarding air carrier operations conducted under part
121 of title 14, Code of Federal Regulations.
(2) Recommendations to be covered.--The report shall
cover--
(A) any recommendation for which the
Secretary has developed, or intends to develop,
procedures to adopt the recommendation or part
of the recommendation, but has yet to complete
the procedures; and
(B) any recommendation for which the
Secretary, in the preceding year, has issued [a
response under subsection (a)(2) or (a)(3)] a
response under subparagraph (B) or subparagraph
(C) of subsection (a)(2) refusing to carry out
all or part of the procedures to adopt the
recommendation.
(3) Contents.--
(A) Plans to adopt recommendations.--For each
recommendation of the Board described in
paragraph (2)(A), the report shall contain--
(i) a description of the
recommendation;
(ii) a description of the procedures
planned for adopting the recommendation
or part of the recommendation;
(iii) the proposed date for
completing the procedures; and
(iv) if the Secretary has not met a
deadline contained in a proposed
timeline developed in connection with
the recommendation under subsection
(b), an explanation for not meeting the
deadline.
(B) Refusals to adopt recommendations.--For
each recommendation of the Board described in
paragraph (2)(B), the report shall contain--
(i) a description of the
recommendation; and
(ii) a description of the reasons for
the refusal to carry out all or part of
the procedures to adopt the
recommendation.
[(e) Reporting Requirements.--
[(1) Annual secretarial regulatory status reports.--
On February 1 of each year, the Secretary shall submit
a report to Congress and the Board containing the
regulatory status of each recommendation made by the
Board to the Secretary (or to an Administration within
the Department of Transportation) that is on the
Board's ``most wanted list''. The Secretary shall
continue to report on the regulatory status of each
such recommendation in the report due on February 1 of
subsequent years until final regulatory action is taken
on that recommendation or the Secretary (or an
Administration within the Department) determines and
states in such a report that no action should be taken.
[(2) Failure to report.--If on March 1 of each year
the Board has not received the Secretary's report
required by this subsection, the Board shall notify the
Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate of the
Secretary's failure to submit the required report.
[(3) Compliance report with recommendations.--Within
90 days after the date on which the Secretary submits a
report under this subsection, the Board shall review
the Secretary's report and transmit comments on the
report to the Secretary, the Committee on Commerce,
Science, and Transportation of the Senate, and the
Committee on Transportation and Infrastructure of the
House of Representatives.]
SUBTITLE III. GENERAL AND INTERMODAL PROGRAMS
CHAPTER 51. TRANSPORTATION OF HAZARDOUS MATERIAL
Sec. 5116. Planning and training grants, monitoring, and review
(a) * * *
[(j) Reports.--The Secretary shall submit an annual report to
the Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate and make available the report to
the public. The report submitted under this subsection shall
include information on the allocation and uses of the planning
and training grants under subsection (a) and grants under
subsection (i) of this section and under subsections (e) and
(i) of section 5107. The report submitted under this subsection
shall identify the ultimate recipients of such grants and
include--
[(1) a detailed accounting and description of each
grant expenditure by each grant recipient, including
the amount of, and purpose for, each expenditure;
[(2) the number of persons trained under the grant
program, by training level;
[(3) an evaluation of the efficacy of such planning
and training programs; and
[(4) any recommendations the Secretary may have for
improving such grant programs.]
(j) List of Grants.--
(1) In general.--Not later than 120 days after the
date of enactment of the Department of Transportation
Reports Harmonization Act, and annually thereafter, the
Secretary shall--
(A) compile a list of the grants made--
(i) under subsections (a) and (i) of
this section; and
(ii) under subsections (e) and (i) of
section 5107; and
(B) make the list publicly available on the
Department of Transportation website,
including--
(i) the identity of all final
recipients of such grants;
(ii) the allocation and uses of such
grants; and
(iii) information on the effects of
such grants, such as the number of
persons trained, by training level.
Sec. 5117. Special permits and exclusions
(a) * * *
[(g) Disclosure of Final Action.--The Secretary shall
periodically, but at least every 120 days--
[(1) publish in the Federal Register notice of the
final disposition of each application for a new special
permit, modification to an existing special permit, or
approval during the preceding quarter; and
[(2) make available to the public on the Department
of Transportation's Internet Web site notice of the
final disposition of any other special permit during
the preceding quarter.]
(g) Disclosure of Agency Action.--The Secretary shall--
(1) periodically, but at least every 120 days--
(A) publish in the Federal Register notice of
the final disposition of each application for a
new special permit, modification to an existing
special permit, or approval during the
preceding quarter; and
(B) make available to the public on the
Department of Transportation website--
(i) notice of the final disposition
of any other special permit during the
preceding quarter;
(ii) a list of special permits in
effect; and
(iii) a summary of the basis for each
special permit; and
(2) make available to the public on the Department of
Transportation website, and update at least biennially,
a list and summary of applicable Government
regulations, criteria, orders, guidance, and special
permits relating to the transportation of hazardous
materials.
Sec. 5121. Administrative
(a) * * *
[(h) Report.--The Secretary shall, once every 2 years,
prepare and make available to the public on the Department of
Transportation's Internet Web site a comprehensive report on
the transportation of hazardous materials during the preceding
2 calendar years. The report shall include--
[(1) a statistical compilation of accidents and
casualties related to the transportation of hazardous
material;
[(2) a list and summary of applicable Government
regulations, criteria, orders, and special permits;
[(3) a summary of the basis for each special permit;
[(4) an evaluation of the effectiveness of
enforcement activities relating to a function regulated
by the Secretary under section 5103(b)(1) and the
degree of voluntary compliance with regulations;
[(5) a summary of outstanding problems in carrying
out this chapter in order of priority; and
[(6) recommendations for appropriate legislation.]
(h) Compilation of Accidents and Casualties.--The Secretary
shall make publicly available on the Department of
Transportation website, and update at least biennially, a
statistical compilation of accidents and casualties related to
the transportation of hazardous material.
(i) Budget Submission.--The Secretary shall include in the
annual budget submission of the Department of Transportation--
(1) an evaluation of the effectiveness of enforcement
activities relating to a function regulated by the
Secretary under section 5103(b)(1); and
(2) a summary of outstanding problems in carrying out
this chapter, in order of priority.
CHAPTER 55. INTERMODAL TRANSPORTATION
SUBCHAPTER I. GENERAL
Sec. 5505. University transportation centers program
(a) University Transportation Centers Program.--
(1) Establishment and operation.--The Secretary shall
make grants under this section to eligible nonprofit
institutions of higher education to establish and
operate university transportation centers.
(2) Role of centers.--The role of each university
transportation center referred to in paragraph (1)
shall be--
(A) to advance transportation expertise and
technology in the varied disciplines that
comprise the field of transportation through
education, research, and technology transfer
activities;
(B) to provide for a critical transportation
knowledge base outside of the Department of
Transportation; and
(C) to address critical workforce needs and
educate the next generation of transportation
leaders.
(b) Competitive Selection Process.--
(1) Applications.--To receive a grant under this
section, a consortium of nonprofit institutions of
higher education shall submit to the Secretary an
application that is in such form and contains such
information as the Secretary may require.
(2) Restriction.--
(A) Limitation.--A lead institution of a
consortium of nonprofit institutions of higher
education, as applicable, may only receive 1
grant per fiscal year for each of the
transportation centers described under
paragraphs (2), (3), and (4) of subsection (c).
(B) Exception for consortium members that are
not lead institutions.--Subparagraph (A) shall
not apply to a nonprofit institution of higher
education that is a member of a consortium of
nonprofit institutions of higher education but
not the lead institution of such consortium.
(3) Coordination.--The Secretary shall solicit grant
applications for national transportation centers,
regional transportation centers, and Tier 1 university
transportation centers with identical advertisement
schedules and deadlines.
(4) General selection criteria.--
(A) In general.--Except as otherwise provided
by this section, the Secretary shall award
grants under this section in nonexclusive
candidate topic areas established by the
Secretary that address the research priorities
identified in chapter 65.
(B) Criteria.--The Secretary, in consultation
with the Assistant Secretary for Research and
Technology and the Administrator of the Federal
Highway Administration and other modal
administrations as appropriate, shall select
each recipient of a grant under this section
through a competitive process based on the
assessment of the Secretary relating to--
(i) the demonstrated ability of the
recipient to address each specific
topic area described in the research
and strategic plans of the recipient;
(ii) the demonstrated research,
technology transfer, and education
resources available to the recipient to
carry out this section;
(iii) the ability of the recipient to
provide leadership in solving immediate
and long-range national and regional
transportation problems;
(iv) the ability of the recipient to
carry out research, education, and
technology transfer activities that are
multimodal and multidisciplinary in
scope;
(v) the demonstrated commitment of
the recipient to carry out
transportation workforce development
programs through--
(I) degree-granting programs
or programs that provide other
industry-recognized
credentials; and
(II) outreach activities to
attract new entrants into the
transportation field, including
women and underrepresented
populations;
(vi) the demonstrated ability of the
recipient to disseminate results and
spur the implementation of
transportation research and education
programs through national or statewide
continuing education programs;
(vii) the demonstrated commitment of
the recipient to the use of peer review
principles and other research best
practices in the selection, management,
and dissemination of research projects;
(viii) the strategic plan submitted
by the recipient describing the
proposed research to be carried out by
the recipient and the performance
metrics to be used in assessing the
performance of the recipient in meeting
the stated research, technology
transfer, education, and outreach
goals; and
(ix) the ability of the recipient to
implement the proposed program in a
cost-efficient manner, such as through
cost sharing and overall reduced
overhead, facilities, and
administrative costs.
(5) Transparency.--
(A) In general.--The Secretary shall provide
to each applicant, upon request, any materials,
including copies of reviews (with any
information that would identify a reviewer
redacted), used in the evaluation process of
the proposal of the applicant.
(B) Reports.--The Secretary shall submit to
the Committees on Transportation and
Infrastructure and Science, Space, and
Technology of the House of Representatives and
the Committee on Environment and Public Works
of the Senate, and make publicly available on
the Department of Transportation website, a
report describing the overall review process
under paragraph (4) that includes--
(i) specific criteria of evaluation
used in the review;
(ii) descriptions of the review
process; and
(iii) explanations of the selected
awards.
(6) Outside stakeholders.--The Secretary shall, to
the maximum extent practicable, consult external
stakeholders, including the Transportation Research
Board of the National Research Council of the National
Academies, to evaluate and competitively review all
proposals.
(c) Grants.--
(1) In general.--Not later than 1 year after the date
of enactment of this section, the Secretary shall
select grant recipients under subsection (b) and make
grant amounts available to the selected recipients.
(2) National transportation centers.--
(A) In general.--Subject to subparagraph (B),
the Secretary shall provide grants to 5
consortia that the Secretary determines best
meet the criteria described in subsection
(b)(4).
(B) Restrictions.--
(i) In general.--For each fiscal
year, a grant made available under this
paragraph shall be not greater than
$4,000,000 and not less than $2,000,000
per recipient.
(ii) Focused research.--A consortium
receiving a grant under this paragraph
shall focus research on 1 of the
transportation issue areas specified in
section 6503(c).
(C) Matching requirement.--
(i) In general.--As a condition of
receiving a grant under this paragraph,
a grant recipient shall match 100
percent of the amounts made available
under the grant.
(ii) Sources.--The matching amounts
referred to in clause (i) may include
amounts made available to the recipient
under--
(I) section 504(b) of title
23; or
(II) section 505 of title 23.
(3) Regional university transportation centers.--
(A) Location of regional centers.--One
regional university transportation center shall
be located in each of the 10 Federal regions
that comprise the Standard Federal Regions
established by the Office of Management and
Budget in the document entitled ``Standard
Federal Regions'' and dated April 1974
(circular A-105).
(B) Selection criteria.--In conducting a
competition under subsection (b), the Secretary
shall provide grants to 10 consortia on the
basis of--
(i) the criteria described in
subsection (b)(4);
(ii) the location of the lead center
within the Federal region to be served;
and
(iii) whether the consortium of
institutions demonstrates that the
consortium has a well-established,
nationally recognized program in
transportation research and education,
as evidenced by--
(I) recent expenditures by
the institution in highway or
public transportation research;
(II) a historical track
record of awarding graduate
degrees in professional fields
closely related to highways and
public transportation; and
(III) an experienced faculty
who specialize in professional
fields closely related to
highways and public
transportation.
(C) Restrictions.--For each fiscal year, a
grant made available under this paragraph shall
be not greater than $3,000,000 and not less
than $1,500,000 per recipient.
(D) Matching requirements.--
(i) In general.--As a condition of
receiving a grant under this paragraph,
a grant recipient shall match 100
percent of the amounts made available
under the grant.
(ii) Sources.--The matching amounts
referred to in clause (i) may include
amounts made available to the recipient
under--
(I) section 504(b) of title
23; or
(II) section 505 of title 23.
(E) Focused research.--The Secretary shall
make a grant to 1 of the 10 regional university
transportation centers established under this
paragraph for the purpose of furthering the
objectives described in subsection (a)(2) in
the field of comprehensive transportation
safety, congestion, connected vehicles,
connected infrastructure, and autonomous
vehicles.
(4) Tier 1 university transportation centers.--
(A) In general.--The Secretary shall provide
grants of not greater than $2,000,000 and not
less than $1,000,000 to not more than 20
recipients to carry out this paragraph.
(B) Matching requirement.--
(i) In general.--As a condition of
receiving a grant under this paragraph,
a grant recipient shall match 50
percent of the amounts made available
under the grant.
(ii) Sources.--The matching amounts
referred to in clause (i) may include
amounts made available to the recipient
under--
(I) section 504(b) of title
23; or
(II) section 505 of title 23.
(C) Focused research.--In awarding grants
under this section, consideration shall be
given to minority institutions, as defined by
section 365 of the Higher Education Act of 1965
(20 U.S.C. 1067k), or consortia that include
such institutions that have demonstrated an
ability in transportation-related research.
(d) Program Coordination.--
(1) In general.--The Secretary shall--
(A) coordinate the research, education, and
technology transfer activities carried out by
grant recipients under this section; and
(B) disseminate the results of that research
through the establishment and operation of a
publicly accessible online information
clearinghouse.
(2) Annual review and evaluation.--Not less
frequently than annually, and consistent with the plan
developed under section 6503, the Secretary shall--
(A) review and evaluate the programs carried
out under this section by grant recipients; and
[(B) submit to the Committees on
Transportation and Infrastructure and Science,
Space, and Technology of the House of
Representatives and the Committees on
Environment and Public Works and Commerce,
Science, and Transportation of the Senate a
report describing that review and evaluation.]
(B) make publicly available on the Department
of Transportation website a description of that
review and evaluation.
(3) Program evaluation and oversight.--For each of
fiscal years 2016 through 2020, the Secretary shall
expend not more than 1 and a half percent of the
amounts made available to the Secretary to carry out
this section for any coordination, evaluation, and
oversight activities of the Secretary under this
section.
(e) Limitation on Availability of Amounts.--Amounts made
available to the Secretary to carry out this section shall
remain available for obligation by the Secretary for a period
of 3 years after the last day of the fiscal year for which the
amounts are authorized.
(f) Information Collection.--Any survey, questionnaire, or
interview that the Secretary determines to be necessary to
carry out reporting requirements relating to any program
assessment or evaluation activity under this section, including
customer satisfaction assessments, shall not be subject to
chapter 35 of title 44.
CHAPTER 63. BUREAU OF TRANSPORTATION STATISTICS
Sec. 6305. Advisory council on transportation statistics
(a) In General.--The Director shall establish and consult
with an advisory council on transportation statistics.
(b) Function.--The advisory council established under this
section shall advise the Director on--
(1) the quality, reliability, consistency,
objectivity, and relevance of transportation statistics
and analyses collected, supported, or disseminated by
the Bureau and the Department; and
(2) methods to encourage cooperation and
interoperability of transportation data collected by
the Bureau, the operating administrations of the
Department, States, local governments, metropolitan
planning organizations, and private sector entities.
(c) Membership.--
(1) In general.--The advisory council shall be
composed of not fewer than 9 and not more than 11
members appointed by the Director.
(2) Selection.--In selecting members for the advisory
council, the Director shall appoint individuals who--
(A) are not officers or employees of the
United States;
(B) possess expertise in--
(i) transportation data collection,
analysis, or application;
(ii) economics; or
(iii) transportation safety; and
(C) represent a cross section of
transportation stakeholders, to the greatest
extent possible.
(d) Terms of Appointment.--
(1) In general.--Except as provided in paragraph (2),
members of the advisory council shall be appointed to
staggered terms not to exceed 3 years.
(2) Additional terms.--A member may be renominated
for 1 additional 3-year term.
(3) Current members.--A member serving on an advisory
council on transportation statistics on the day before
the date of enactment of the Transportation Research
and Innovative Technology Act of 2012 shall serve until
the end of the appointed term of the member.
(e) Applicability of Federal Advisory Committee Act.--The
Federal Advisory Committee Act (5 U.S.C. App.) shall apply to
the advisory council established under this section, except
that section 14 of that Act shall not apply.
(f) Sunset.--The advisory council established under this
section ceases to exist effective January 1, 2019.
SUBTITLE V. RAIL PROGRAMS
PART A. SAFETY
CHAPTER 201. GENERAL
SUBCHAPTER II. PARTICULAR ASPECTS OF SAFETY
Sec. 20167. Reports on highway-rail grade crossing safety
(a) Report.--Not later than 2 years after the deadline for
States to submit State highway-rail grade crossing action plans
under section 11401(b) of the Fixing America's Surface
Transportation Act (49 U.S.C. 24407 note), the Administrator of
the Federal Railroad Administration, in consultation with the
Administrator of the Federal Highway 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 State highway-rail grade
crossing action plans, including--
(1) an analysis and evaluation of each State railway-
highway crossings program under section 130 of title
23, including--
(A) compliance with section 11401 of the
Fixing America's Surface Transportation Act (49
U.S.C. 24407 note) and section 130(g) of title
23; and
(B) the specific strategies identified by
each State to improve safety at highway-rail
grade crossings, including crossings with
multiple accidents or incidents;
(2) the progress of each State in implementing its
State highway-rail grade crossing action plan;
(3) the number of projects undertaken under section
130 of title 23, including their distribution by cost
range, road system, nature of treatment, and subsequent
accident experience at improved locations;
(4) each State that is not in compliance with its
schedule of projects under section 130(d) of title 23;
and
(5) any recommendations for future implementation of
the railroad highway crossings program under section
130 of title 23.
(b) Updates.--Not later than 5 years after the date the
report under subsection (a) is submitted, the Administrator of
the Federal Railroad Administration, in consultation with the
Administrator of the Federal Highway Administration, shall--
(1) update the report based on the State reports
submitted under section 130(g) of title 23 and any
other information obtained by or available to the
Administrator of the Federal Railroad Administration;
and
(2) submit the updated report to the Committee on
Commerce, Science, and Transportation of the Senate and
the Committee on Transportation and Infrastructure of
the House of Representatives.
(c) Definitions.--In this section:
(1) Highway-rail grade crossing.--The term ``highway-
rail grade crossing'' means a location within a State,
other than a location where 1 or more railroad tracks
cross 1 or more railroad tracks at grade, where--
(A) a public highway, road, or street, or a
private roadway, including associated sidewalks
and pathways, crosses 1 or more railroad tracks
either at grade or grade-separated; or
(B) a pathway explicitly authorized by a
public authority or a railroad carrier that is
dedicated for the use of non-vehicular traffic,
including pedestrians, bicyclists, and others,
that is not associated with a public highway,
road, or street, or a private roadway, crosses
1 or more railroad tracks either at grade or
grade-separated.
(2) State.--The term ``State'' means a State of the
United States or the District of Columbia.
PART C. PASSENGER TRANSPORTATION
CHAPTER 243. AMTRAK
Sec. 24319. Grant process
(a) Procedures for Grant Requests.--Not later than 90 days
after the date of enactment of the Passenger Rail Reform and
Investment 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 to the Secretary
grant requests for Federal funds appropriated to the Secretary
of Transportation for the use of Amtrak.
(c) Contents.--A grant request under subsection (b) shall, as
applicable--
(1) describe projected operating and capital costs
for the upcoming fiscal year for Northeast Corridor
activities, including train services and
infrastructure, and National Network activities,
including State-supported routes and long-distance
routes, 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[;
and];
(3) assess Amtrak's financial condition[.]; and
(4) describe the status of efforts to improve safety
and security on the Northeast Corridor main line,
including a description of any efforts to implement
recommendations of relevant railroad safety advisory
committees.
(d) * * *
CHAPTER 249. NORTHEAST CORRIDOR IMPROVEMENT PROGRAM
Sec. 24905. Northeast Corridor Commission; Safety Committee
(a) * * *
(e) Northeast Corridor Safety Committee.--
(1) In general.--The Secretary shall establish a
Northeast Corridor Safety Committee composed of members
appointed by the Secretary. The members shall be
representatives of--
(A) the Department of Transportation,
including the Federal Railroad Administration;
(B) Amtrak;
(C) freight carriers operating more than
150,000 train miles a year on the main line of
the Northeast Corridor;
(D) commuter rail agencies;
(E) rail passengers;
(F) rail labor; and
(G) other individuals and organizations the
Secretary decides have a significant interest
in rail safety or security.
[(2) Function; meetings.--The Secretary shall consult
with the Committee about safety and security
improvements on the Northeast Corridor main line. The
Committee shall meet at least two times per year to
consider safety and security matters on the main line
and meet annually with the Commission on the topic of
Northeast Corridor safety and security.]
(2) Sunset.--The Committee established under this
subsection ceases to exist on the date that the
Secretary determines positive train control, as
required by section 20157, is fully implemented along
the Northeast Corridor.
[(3) Report.--At the beginning of the first session
of each Congress, the Secretary shall submit a report
to the Commission and to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science,
and Transportation of the Senate on the status of
efforts to improve safety and security on the Northeast
Corridor main line. The report shall include the safety
and security recommendations of the Committee and the
comments of the Secretary on those recommendations.]
Sec. 24910. Rail cooperative research program
(a) * * *
(c) Advisory Board.--
(1) Establishment.--In consultation with the heads of
appropriate Federal departments and agencies, the
Secretary shall establish an advisory board to
recommend research, technology, and technology transfer
activities related to rail passenger and freight
transportation.
(2) Membership.--The advisory board shall include--
(A) representatives of State transportation
agencies;
(B) transportation and environmental
economists, scientists, and engineers; and
(C) representatives of Amtrak, the Alaska
Railroad, freight railroads, transit operating
agencies, intercity rail passenger agencies,
railway labor organizations, and environmental
organizations.
(3) Sunset.--The advisory board established under
this subsection ceases to exist effective January 1,
2019.
(d) National Academy of Sciences.--The Secretary may make
grants to, and enter into cooperative agreements with, the
National Academy of Sciences to carry out such activities
relating to the research, technology, and technology transfer
activities described in subsection (b) as the Secretary deems
appropriate.
(e) Authorization of Appropriations.--There are authorized to
be appropriated to the Secretary of Transportation $5,000,000
for each of fiscal years 2010 through 2013 for carrying out
this section.
TITLE 54. NATIONAL PARK SERVICE AND RELATED PROGRAMS
SUBTITLE III. NATIONAL PRESERVATION PROGRAMS
PART B. ORGANIZATIONS AND PROGRAMS
SUBPART 1. ADMINISTERED BY NATIONAL PARK SERVICE
CHAPTER 3087. NATIONAL MARITIME HERITAGE
(a) * * *
[(j) Report to Congress.--The Secretary shall submit to the
Committee on Commerce, Science, and Transportation of the
Senate, the Committee on Energy and Natural Resources of the
Senate, the Committee on Natural Resources of the House of
Representatives, the Committee on Armed Services of the House
of Representatives, and the Committee on Transportation and
Infrastructure of the House of Representatives an annual report
on the Program, including--
[(1) the total number of grant applications submitted
and approved under the Program in the period covered by
the report;
[(2) a detailed description of each project funded
under the Program in the period covered by the report;
[(3) the results or accomplishments of each such
project; and
[(4) recommended priorities for achieving the policy
set forth in section 308701 of this title.]
(j) Status Reports.--The Secretary shall include in the
annual budget submission of the Department of the Interior a
description of the current status of the Program, including--
(1) the total number of grant applications submitted
and approved under the Program in the prior fiscal
year;
(2) a description, including any results or any
accomplishments, of each project funded under the
Program in the prior fiscal year; and
(3) recommended priorities for achieving the policy
set forth in section 308701 of this title.
PIPELINE SAFETY IMPROVEMENT ACT OF 2002
[Public Law 107 355; 116 Stat. 2985]
[SEC. 19. NTSB SAFETY RECOMMENDATIONS.
[49 U.S.C. 1135 note]
[(a) In General.--The Secretary of Transportation, the
Administrator of Pipeline and Hazardous Materials Safety
Administration, and the Director of the Office of Pipeline
Safety shall fully comply with section 1135 of title 49, United
States Code, to ensure timely responsiveness to National
Transportation Safety Board recommendations about pipeline
safety.
[(b) Public Availability.--The Secretary, Administrator, or
Director, respectively, shall make a copy of each
recommendation on pipeline safety and response, as described in
subsections (a) and (b) of section 1135, title 49, United
States Code.
[(c) Reports to Congress.--The Secretary, Administrator, or
Director, respectively, shall submit to Congress by January 1
of each year a report containing each recommendation on
pipeline safety made by the Board during the prior year and a
copy of the response to each such recommendation.]
SEC. 19. NTSB SAFETY RECOMMENDATIONS.
The Secretary of Transportation, the Administrator of the
Pipeline and Hazardous Materials Safety Administration, and the
Director of the Office of Pipeline Safety shall fully comply
with section 1135 of title 49, United States Code, to ensure
timely responsiveness to National Transportation Safety Board
recommendations about pipeline safety.
NORMAN Y. MINETA RESEARCH AND SPECIAL PROGRAMS IMPROVEMENT ACT
[Public Law 108-426; 118 Stat. 2423]
[SEC. 6. REPORTS.
[49 U.S.C. 108 note]
[(a) Reports by the Inspector General.--Not later than 30
days after the date of enactment of this Act, the Inspector
General of the Department of Transportation shall submit to the
Secretary of Transportation and the Administrator of the
Pipeline and Hazardous Materials Safety Administration a report
containing the following:
[(1) A list of each statutory mandate regarding
pipeline safety or hazardous materials safety that has
not been implemented.
[(1) A list of each open safety recommendation made
by the National Transportation Safety Board or the
Inspector General regarding pipeline safety or
hazardous materials safety.
[(b) Reports by the Secretary.--
[(1) Statutory mandates.--Not later than 90 days
after the date of enactment of this Act, and every 180
days thereafter until each of the mandates referred to
in subsection (a)(1) has been implemented, the
Secretary shall transmit to the Committee on
Transportation and Infrastructure and the Committee on
Energy and Commerce of the House of Representatives and
the Committee on Commerce, Science, and Transportation
of the Senate a report on the specific actions taken to
implement such mandates.
[(2) NTSB and inspector general recommendations.--Not
later than January 1st of each year, the Secretary
shall transmit to the Committee on Transportation and
Infrastructure and the Committee on Energy and Commerce
of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate a
report containing each recommendation referred to in
subsection (a)(2) and a copy of the Department of
Transportation response to each such recommendation.]
SEC. 6. REPORTS.
Not later than 9 months after the date of enactment of the
Department of Transportation Reports Harmonization Act--
(1) the Secretary of Transportation shall make
publicly available a list of each statutory mandate
regarding pipeline safety or hazardous materials safety
that has not been implemented by--
(A) posting the list on the website of the
Department of Transportation;
(B) including the list in a regulatory
flexibility agenda under section 602 of title
5, United States Code; or
(C) providing the list in a regulatory
planning document; and
(2) the Inspector General of the Department of
Transportation shall make publicly available on the
website of the Office of the Inspector General a list
of each open safety recommendation made by the
Inspector General regarding pipeline safety or
hazardous materials safety.
SAFETEA-LU TECHNICAL CORRECTIONS ACT OF 2008
[Public Law 110-244; 122 Stat. 1572]
SEC. 122. BUY AMERICA WAIVER NOTIFICATION AND ANNUAL REPORTS.
(a) Waiver Notification.--
(1) In general.--If the Secretary of Transportation
makes a finding under section 313(b) of title 23,
United States Code, with respect to a project, the
Secretary shall--
(A) publish in the Federal Register, before
the date on which such finding takes effect, a
detailed written justification as to the
reasons that such finding is needed; and
(B) provide notice of such finding and an
opportunity for public comment on such finding
for a period of not to exceed 60 days.
(2) Limitation on statutory construction.--Nothing in
paragraph (1) shall be construed to require the
effective date of a finding referred to in paragraph
(1) to be delayed until after the close of the public
comment period referred to in paragraph (1)(B).
(b) Annual Reports.--Not later than February 1 of each year
beginning after the date of enactment of this Act, the
Secretary shall [submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Environment and Public Works of the Senate a] make
publicly available on the Department of Transportation website
an annual report on the projects for which the Secretary made
findings under section 313(b) of title 23, United States Code,
during the preceding calendar year and the justifications for
such findings.
RAIL SAFETY IMPROVEMENT ACT OF 2008
[Public Law 110 432; 122 Stat. 4848]
[SEC. 106. REPORTS ON STATUTORY MANDATES AND RECOMMENDATIONS.
[49 U.S.C. 20101 note]
[Not later than December 31, 2008, and annually thereafter,
the Secretary shall transmit a report to the House of
Representatives Committee on Transportation and Infrastructure
and the Senate Committee on Commerce, Science, and
Transportation on the specific actions taken to implement unmet
statutory mandates regarding railroad safety and each open
railroad safety recommendation made by the National
Transportation Safety Board or the Department's Inspector
General.]
SEC. 106. REPORTS ON STATUTORY MANDATES AND RECOMMENDATIONS.
The Secretary shall--
(1) not later than 1 year after the date of enactment
of the Department of Transportation Reports
Harmonization Act, describe the actions the Secretary
has taken to implement unmet statutory mandates
regarding railroad safety;
(2) update the description under paragraph (1) not
less than annually; and
(3) make the description, including any updates
thereto, available by--
(A) posting the description on the website of
the Department of Transportation;
(B) including the description in the
regulatory flexibility agenda under section 602
of title 5, United States Code; or
(C) providing the description in a regulatory
planning document.
FIXING AMERICA'S SURFACE TRANSPORTATION ACT
[Public Law 114-94; 129 Stat. 1312]
SEC. 1441. REGIONAL INFRASTRUCTURE ACCELERATOR DEMONSTRATION PROGRAM.
[23 U.S.C. 601 note]
(a) In General.--The Secretary shall establish a regional
infrastructure demonstration program (referred to in this
section as the ``program'') to assist entities in developing
improved infrastructure priorities and financing strategies for
the accelerated development of a project that is eligible for
funding under the TIFIA program under chapter 6 of title 23,
United States Code.
(b) Designation of Regional Infrastructure Accelerators.--In
carrying out the program, the Secretary may designate regional
infrastructure accelerators that will--
(1) serve a defined geographic area; and
(2) act as a resource in the geographic area to
qualified entities in accordance with this section.
(c) Application.--To be eligible for a designation under
subsection (b), a proposed regional infrastructure accelerator
shall submit to the Secretary a proposal at such time, in such
manner, and containing such information as the Secretary may
require.
(d) Criteria.--In evaluating a proposal submitted under
subsection (c), the Secretary shall consider--
(1) the need for geographic diversity among regional
infrastructure accelerators; and
(2) the ability of the proposal to promote investment
in covered infrastructure projects, which shall include
a plan--
(A) to evaluate and promote innovative
financing methods for local projects, including
the use of the TIFIA program under chapter 6 of
title 23, United States Code;
(B) to build capacity of State, local, and
tribal governments to evaluate and structure
projects involving the investment of private
capital;
(C) to provide technical assistance and
information on best practices with respect to
financing the projects;
(D) to increase transparency with respect to
infrastructure project analysis and using
innovative financing for public infrastructure
projects;
(E) to deploy predevelopment capital programs
designed to facilitate the creation of a
pipeline of infrastructure projects available
for investment;
(F) to bundle smaller-scale and rural
projects into larger proposals that may be more
attractive for investment; and
(G) to reduce transaction costs for public
project sponsors.
[(e) Annual Report.--Not less frequently than once each year,
the Secretary shall submit to Congress a report that describes
the findings and effectiveness of the program.]
(e) Annual Report.--Each fiscal year that funds are made
available to carry out the program, the Secretary shall submit
to Congress, not later than 30 days after the date that fiscal
year ends, a report that describes the findings and
effectiveness of the program.
(f) Authorization of Appropriations.--There is authorized to
be appropriated to carry out the program $12,000,000, of which
the Secretary shall use--
(1) $11,750,000 for initial grants to regional
infrastructure accelerators under subsection (b); and
(2) $250,000 for administrative costs of carrying out
the program.
SEC. 11401. HIGHWAY-RAIL GRADE CROSSING SAFETY.
[49 U.S.C. 24407 note]
(a) Model State Highway-rail Grade Crossing Action Plan.--
(1) In general.--Not later than 1 year after the date
of enactment of this Act, the Administrator of the
Federal Railroad Administration shall develop a model
of a State-specific highway-rail grade crossing action
plan and distribute the plan to each State.
(2) Contents.--The plan developed under paragraph (1)
shall include--
(A) methodologies, tools, and data sources
for identifying and evaluating highway-rail
grade crossing safety risks, including the
public safety risks posed by blocked highway-
rail grade crossings due to idling trains;
(B) best practices to reduce the risk of
highway-rail grade crossing accidents or
incidents and to alleviate the blockage of
highway-rail grade crossings due to idling
trains, including strategies for--
(i) education, including model
stakeholder engagement plans or tools;
(ii) engineering, including the
benefits and costs of different designs
and technologies used to mitigate
highway-rail grade crossing safety
risks; and
(iii) enforcement, including the
strengths and weaknesses associated
with different enforcement methods;
(C) for each State, a customized list and
data set of the highway-rail grade crossing
accidents or incidents in that State over the
past 3 years, including the location, number of
deaths, and number of injuries for each
accident or incident, and a list of highway-
rail grade crossings in that State that have
experienced multiple accidents or incidents
over the past 3 years; and
(D) contact information of a Department of
Transportation safety official available to
assist the State in adapting the model plan to
satisfy the requirements under subsection (b).
(b) State Highway-rail Grade Crossing Action Plans.--
(1) Requirements.--Not later than 18 months after the
Administrator develops and distributes the model plan
under subsection (a), the Administrator shall
promulgate a rule that requires--
(A) each State, except the 10 States
identified under section 202 of the Rail Safety
Improvement Act of 2008 [(49 U.S.C. 22501
note)] (49 U.S.C. 24407 note), to develop and
implement a State highway-rail grade crossing
action plan; and
(B) each State identified under section 202
of the Rail Safety Improvement Act of 2008 [(49
U.S.C. 22501 note)] (49 U.S.C. 24407 note) to--
(i) update the State action plan
under such section; and
(ii) submit to the Administrator--
(I) the updated State action
plan; and
(II) a report describing what
the State did to implement its
previous State action plan
under such section and how the
State will continue to reduce
highway-rail grade crossing
safety risks.
(2) Contents.--Each State plan required under this
subsection shall--
(A) identify highway-rail grade crossings
that have experienced recent highway-rail grade
crossing accidents or incidents or multiple
highway-rail grade crossing accidents or
incidents, or are at high-risk for accidents or
incidents;
(B) identify specific strategies for
improving safety at highway-rail grade
crossings, including highway-rail grade
crossing closures or grade separations; and
(C) designate a State official responsible
for managing implementation of the State action
plan under subparagraph (A) or (B) of paragraph
(1), as applicable.
(3) Assistance.--The Administrator shall provide
assistance to each State in developing and carrying
out, as appropriate, the State action plan under this
subsection.
(4) Public availability.--Each State shall submit a
final State plan under this subsection to the
Administrator for publication. The Administrator shall
make each approved State plan publicly available on an
official Internet Web site.
(5) Conditions.--The Secretary may condition the
awarding of a grant to a State under chapter 244 of
title 49, United States Code, on that State submitting
an acceptable State action plan under this subsection.
(6) Review of action plans.--Not later than 60 days
after the date of receipt of a State action plan under
this subsection, the Administrator shall--
(A) if the State action plan is approved,
notify the State and publish the State action
plan under paragraph (4); and
(B) if the State action plan is incomplete or
deficient, notify the State of the specific
areas in which the plan is deficient and allow
the State to complete the plan or correct the
deficiencies and resubmit the plan under
paragraph (1).
(7) Deadline.--Not later than 60 days after the date
of a notice under paragraph (6)(B), a State shall
complete the plan or correct the deficiencies and
resubmit the plan.
(8) Failure to complete or correct plan.--If a State
fails to meet the deadline under paragraph (7), the
Administrator shall post on the Web site under
paragraph (4) a notice that the State has an incomplete
or deficient highway-rail grade crossing action plan.
[(c) Report.--Not later than the date that is 3 years after
the Administrator publishes the final rule under subsection
(b)(1), the Administrator shall submit to the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives a report on--
[(1) the specific strategies identified by States to
improve safety at highway-rail grade crossings,
including crossings with multiple accidents or
incidents; and
[(2) the progress each State described under
subsection (b)(1)(B) has made in implementing its
action plan.]
[(d)](c) Railway-highway Crossings Funds.--The Secretary may
use funds made available to carry out section 130 of title 23,
United States Code, to provide States with funds to develop a
State highway-rail grade crossing action plan under subsection
(b)(1)(A) or to update a State action plan under subsection
(b)(1)(B).
[(e)](d) Definitions.--In this section:
(1) Highway-rail grade crossing.--The term ``highway-
rail grade crossing'' means a location within a State,
other than a location where 1 or more railroad tracks
cross 1 or more railroad tracks at grade, where--
(A) a public highway, road, or street, or a
private roadway, including associated sidewalks
and pathways, crosses 1 or more railroad tracks
either at grade or grade-separated; or
(B) a pathway explicitly authorized by a
public authority or a railroad carrier that is
dedicated for the use of non-vehicular traffic,
including pedestrians, bicyclists, and others,
that is not associated with a public highway,
road, or street, or a private roadway, crosses
1 or more railroad tracks either at grade or
grade-separated.
(2) State.--The term ``State'' means a State of the
United States or the District of Columbia.
[all]