,,ii #aadth ,,congress #ast ,session ,s4 #agcb ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #i1 #bjae ,mr4 ,thune 7for himself1 ,mrs4 ,fischer1 and ,mr4 ,moran7 introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to authorize elements of the ,department of ,transportation1 and for other purposes4 #a4 ,short title2 table of contents2 references 7a7 ,short title ,this ,act may be cited as the ,comprehensive ,transportation and ,consumer ,protection ,act of #bjae4 7b7 ,table of contents ,the table of contents of this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents2 references4 ,sec4 #b4 ,definition of ,secretary4 ,,title ,i--,office of the ,secretary ,subtitle ,a--,accelerating project delivery ,sec4 #aaja4 ,delegation of authority4 ,sec4 #aajb4 ,infrastructure ,permitting ,improvement ,center4 ,sec4 #aajc4 ,accelerated decisionmaking in environmental reviews4 ,sec4 #aajd4 ,environmental review alignment and reform4 ,sec4 #aaje4 ,multimodal categorical exclusions4 ,sec4 #aajf4 ,improving transparency in environmental reviews4 ,subtitle ,b--,freight ,sec4 #abja4 ,establishment of freight chapter4 ,sec4 #abjb4 ,national multimodal freight policy4 ,sec4 #abjc4 ,national multimodal freight network4 ,sec4 #abjd4 ,national ,freight ,strategic ,plan4 ,sec4 #abje4 ,state freight plans4 ,sec4 #abjf4 ,freight investment grants4 ,sec4 #abjg4 ,reports4 ,sec4 #abjh4 ,repeals4 ,sec4 #abji4 ,savings provision4 ,subtitle ,c--,research ,sec4 #acja4 ,findings4 ,sec4 #acjb4 ,modal research plans4 ,sec4 #acjc4 ,consolidated research prospectus and strategic plan4 ,sec4 #acjd4 ,research ,ombudsman4 ,sec4 #acje4 ,smart cities transportation planning study4 ,sec4 #acjf4 ,bureau of ,transportation ,statistics independence4 ,sec4 #acjg4 ,conforming amendments4 ,sec4 #acjh4 ,repeal of obsolete office4 ,subtitle ,d--,port ,performance ,act ,sec4 #adja4 ,short title4 ,sec4 #adjb4 ,findings4 ,sec4 #adjc4 ,port performance freight statistics program4 ,sec4 #adjd4 ,monthly reports on performance at ,united ,states ports4 ,,title ,,ii--,commercial motor vehicle and driver programs ,subtitle ,a--,compliance1 ,safety1 and ,accountability ,reform ,part ,i--,compliance1 ,safety1 and ,accountability ,sec4 #bjja4 ,correlation study4 ,sec4 #bjjb4 ,safety improvement metrics4 ,sec4 #bjjc4 ,data certification4 ,sec4 #bjjd4 ,data improvement4 ,sec4 #bjje4 ,accident report information4 ,sec4 #bjjf4 ,post-accident report review4 ,sec4 #bjjg4 ,recognizing excellence in safety4 ,sec4 #bjjh4 ,high risk carrier reviews4 ,part ,,ii--,interim hiring standard ,sec4 #baja4 ,definitions4 ,sec4 #bajb4 ,national hiring standards for motor carriers4 ,sec4 #bajc4 ,applicability4 ,subtitle ,b--,drug ,free ,commercial ,driver ,act of #bjae ,sec4 #bbja4 ,short title4 ,sec4 #bbjb4 ,authorization of hair testing4 ,sec4 #bbjc4 ,exemption from mandatory urinalysis4 ,sec4 #bbjd4 ,guidelines for hair testing4 ,sec4 #bbje4 ,annual report to ,congress4 ,subtitle ,c--,transparency and accountability ,sec4 #bcja4 ,rulemaking requirements4 ,sec4 #bcjb4 ,petitions for regulatory relief4 ,sec4 #bcjc4 ,inspector standards4 ,sec4 #bcjd4 ,technology improvements4 ,subtitle ,d--,trucking rules updated by comprehensive and key safety reform ,sec4 #bdja4 ,update on statutory requirements4 ,sec4 #bdjb4 ,statutory rulemaking4 ,sec4 #bdjc4 ,guidance reform4 ,sec4 #bdjd4 ,petitions4 ,sec4 #bdje4 ,regulatory reform4 ,subtitle ,e--,state authorities ,sec4 #beja4 ,emergency route working group4 ,sec4 #bejb4 ,additional ,state authority4 ,sec4 #bejc4 ,commercial driver access4 ,subtitle ,f--,motor carrier safety grant consolidation ,sec4 #bfja4 ,definitions4 ,sec4 #bfjb4 ,grants to ,states4 ,sec4 #bfjc4 ,new entrant safety review program study4 ,sec4 #bfjd4 ,performance and registration information systems management4 ,sec4 #bfje4 ,authorization of appropriations4 ,sec4 #bfjf4 ,commercial driver's license program implementation4 ,sec4 #bfjg4 ,extension of ,federal motor carrier safety programs for fiscal year #bjaf4 ,sec4 #bfjh4 ,motor carrier safety assistance program allocation4 ,sec4 #bfji4 ,maintenance of effort calculation4 ,subtitle ,g--,miscellaneous provisions ,sec4 #bgja4 ,windshield technology4 ,sec4 #bgjb4 ,electronic logging devices requirements4 ,sec4 #bgjc4 ,lapse of required financial security2 suspension of registration4 ,sec4 #bgjd4 ,access to ,national ,driver ,register4 ,sec4 #bgje4 ,study on commercial motor vehicle driver commuting4 ,sec4 #bgjf4 ,household goods consumer protection working group4 ,,title ,,iii--,hazardous materials ,sec4 #caja4 ,endorsements4 ,sec4 #cajb4 ,enhanced reporting4 ,sec4 #cajc4 ,hazardous material information4 ,sec4 #cajd4 ,hazardous materials training requirements and grants4 ,sec4 #caje4 ,national emergency and disaster response4 ,sec4 #cajf4 ,authorization of appropriations4 ,,title ,,iv--,highway and motor vehicle safety ,subtitle ,a--,highway traffic safety ,part ,i--,highway safety ,sec4 #daja4 ,authorization of appropriations4 ,sec4 #dajb4 ,highway safety programs4 ,sec4 #dajc4 ,grants for alcohol-ignition interlock laws and #bd-g sobriety programs4 ,sec4 #dajd4 ,study on the national roadside survey of alcohol and drug use by drivers4 ,part ,,ii--,stop ,motorcycle ,checkpoint ,funding ,act ,sec4 #daba4 ,short title4 ,sec4 #dabb4 ,grant restriction4 ,part ,,iii--,improving ,driver ,safety ,act of #bjae ,sec4 #daca4 ,short title4 ,sec4 #dacb4 ,distracted driving incentive grants4 ,sec4 #dacc4 ,barriers to data collection report4 ,part ,,iv--,technical and conforming amendments ,sec4 #dada4 ,technical corrections to the ,motor ,vehicle and ,highway ,safety ,improvement ,act of #bjab4 ,subtitle ,b--,vehicle safety ,sec4 #dbja4 ,authorization of appropriations4 ,sec4 #dbjb4 ,inspector ,general recommendations4 ,sec4 #dbjc4 ,improvements in availability of recall information4 ,sec4 #dbjd4 ,recall process4 ,sec4 #dbje4 ,pilot grant program for ,state notification to consumers of motor vehicle recall status4 ,sec4 #dbjf4 ,recall obligations under bankruptcy4 ,sec4 #dbjg4 ,dealer requirement to check for open recall4 ,sec4 #dbjh4 ,extension of time period for remedy of tire defects4 ,sec4 #dbji4 ,rental car safety4 ,sec4 #dbaj4 ,motor vehicle equipment4 ,sec4 #dbaa4 ,transfer to ,highway ,trust ,fund of certain motor vehicle safety penalties4 ,subtitle ,c--,research and development and vehicle electronics ,sec4 #dcja4 ,report on operations of the ,council for ,vehicle ,electronics1 ,vehicle ,software1 and ,emerging ,technologies4 ,sec4 #dcjb4 ,cooperation with foreign governments4 ,subtitle ,d--,miscellaneous provisions ,part ,i--,driver ,privacy ,act of #bjae ,sec4 #ddja4 ,short title4 ,sec4 #ddjb4 ,limitations on data retrieval from vehicle event data recorders4 ,sec4 #ddjc4 ,vehicle event data recorder study4 ,part ,,ii--,safety ,through ,informed ,consumers ,act of #bjae ,sec4 #ddba4 ,short title4 ,sec4 #ddbb4 ,passenger motor vehicle information4 ,,title ,v--,railroad ,reform1 ,enhancement1 and ,efficiency ,sec4 #ejja4 ,passenger transportation2 definitions4 ,subtitle ,a--,authorization of appropriations ,sec4 #eaja4 ,authorization of grants to ,amtrak4 ,sec4 #eajb4 ,national infrastructure and safety investments4 ,sec4 #eajc4 ,authorization of appropriations for ,national ,transportation ,safety ,board rail investigations4 ,sec4 #eajd4 ,authorization of appropriations for ,amtrak ,office of ,inspector ,general4 ,sec4 #eaje4 ,national cooperative rail research program4 ,subtitle ,b--,amtrak reform ,sec4 #ebja4 ,amtrak grant process4 ,sec4 #ebjb4 #e-year business line and assets plans4 ,sec4 #ebjc4 ,state-supported route committee4 ,sec4 #ebjd4 ,route and service planning decisions4 ,sec4 #ebje4 ,competition4 ,sec4 #ebjf4 ,rolling stock purchases4 ,sec4 #ebjg4 ,food and beverage policy4 ,sec4 #ebjh4 ,local products and promotional events4 ,sec4 #ebji4 ,right-of-way leveraging4 ,sec4 #ebaj4 ,station development4 ,sec4 #ebaa4 ,amtrak debt4 ,sec4 #ebab4 ,amtrak pilot program for passengers transporting domesticated cats and dogs4 ,sec4 #ebac4 ,amtrak board of directors4 ,subtitle ,c--,intercity passenger rail policy ,sec4 #ecja4 ,competitive operating grants4 ,sec4 #ecjb4 ,federal-,state partnership for state-of-good-repair4 ,sec4 #ecjc4 ,large capital project requirements4 ,sec4 #ecjd4 ,small business participation study4 ,sec4 #ecje4 ,gulf coast rail service working group4 ,sec4 #ecjf4 ,integrated passenger rail working group4 ,sec4 #ecjg4 ,shared-use study4 ,sec4 #ecjh4 ,northeast ,corridor ,commission4 ,sec4 #ecji4 ,northeast ,corridor through-ticketing and procurement efficiencies4 ,sec4 #ecaj4 ,data and analysis4 ,sec4 #ecaa4 ,disaster relief4 ,sec4 #ecab4 ,performance-based proposals4 ,sec4 #ecac4 ,amtrak ,inspector ,general4 ,sec4 #ecad4 ,miscellaneous provisions4 ,subtitle ,d--,rail safety ,part ,i--,safety improvement ,sec4 #edja4 ,highway-rail grade crossing safety4 ,sec4 #edjb4 ,confidential close call reporting system4 ,sec4 #edjc4 ,speed limit action plans4 ,sec4 #edjd4 ,signage4 ,sec4 #edje4 ,alerters4 ,sec4 #edjf4 ,signal protection4 ,sec4 #edjg4 ,technology implementation plans4 ,sec4 #edjh4 ,commuter rail track inspections4 ,sec4 #edji4 ,emergency response4 ,sec4 #edaj4 ,private highway-rail grade crossings4 ,sec4 #edaa4 ,repair and replacement of damaged track inspection equipment4 ,sec4 #edab4 ,rail police officers4 ,sec4 #edac4 ,operation deep dive2 report4 ,sec4 #edad4 ,post-accident assessment4 ,sec4 #edae4 ,technical and conforming amendments4 ,part ,,ii--,consolidated rail infrastructure and safety improvements ,sec4 #edba4 ,consolidated rail infrastructure and safety improvements4 ,part ,,iii--,hazardous materials by rail safety and other safety enhancements ,sec4 #edca4 ,real-time emergency response information4 ,sec4 #edcb4 ,thermal blankets4 ,sec4 #edcc4 ,comprehensive oil spill response plans4 ,sec4 #edcd4 ,hazardous materials by rail liability study4 ,sec4 #edce4 ,study and testing of electronically controlled pneumatic brakes4 ,sec4 #edcf4 ,recording devices4 ,sec4 #edcg4 ,rail passenger transportation liability4 ,sec4 #edch4 ,modification reporting4 ,part ,,iv--,positive train control ,sec4 #edda4 ,coordination of spectrum4 ,sec4 #eddb4 ,updated plans4 ,sec4 #eddc4 ,early adoption and interoperability4 ,sec4 #eddd4 ,positive train control at grade crossings effectiveness study4 ,subtitle ,e--,project delivery ,sec4 #eeja4 ,short title4 ,sec4 #eejb4 ,preservation of public lands4 ,sec4 #eejc4 ,efficient environmental reviews4 ,sec4 #eejd4 ,advance acquisition4 ,sec4 #eeje4 ,railroad rights-of-way4 ,sec4 #eejf4 ,improving ,state and ,federal agency engagement in environmental reviews4 ,sec4 #eejg4 ,savings clause4 ,sec4 #eejh4 ,transition4 ,subtitle ,f--,financing ,sec4 #efja4 ,short title2 references4 ,sec4 #efjb4 ,definitions4 ,sec4 #efjc4 ,eligible applicants4 ,sec4 #efjd4 ,eligible purposes4 ,sec4 #efje4 ,program administration4 ,sec4 #efjf4 ,loan terms and repayment4 ,sec4 #efjg4 ,credit risk premiums4 ,sec4 #efjh4 ,master credit agreements4 ,sec4 #efji4 ,priorities and conditions4 ,sec4 #efaj4 ,savings provision4 7c7 ,references to title #di1 ,united ,states ,code ,except as otherwise expressly provided1 wherever in this ,act an amendment or repeal is expressed in terms of an amendment to1 or repeal of1 a section or other provision1 the reference shall be considered to be made to a section or other provision of title #di1 ,united ,states ,code4 #b4 ,definition of ,secretary ,in this ,act1 except as otherwise expressly provided1 the term ,secretary means the ,secretary of ,transportation4 ,i ,office of the ,secretary ,a ,accelerating project delivery #aaja4 ,delegation of authority 7a7 ,in general ,chapter #a is amended by adding at the end the following3 #aaf4 ,administrations2 acting officers 7a7 ,in general ,notwithstanding section #ccdf7;a77#b7 of title #e1 a person may serve as an acting officer for an administration in the ,department of ,transportation under section #ccde of that title for the #baj-;day period under section #ccdf7;a77#a7 of that title1 which period may only be extended if a nomination for the office is received by the ,senate4 ,if the #baj-;day period under section #ccdf7;a77#a7 of title #e expires before a nomination for the office is received by the ,senate1 the ,secretary of ,transportation1 notwithstanding section #ccde or subsections 7b7 and 7c7 of section #ccdh of that title1 shall successively designate1 until a nomination for the office is received by the ,senate1 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 #baj days4 ,this section is a statutory provision to which section #ccdg7;a77#a7 of title #e applies4 7b7 ,termination of authority ,any authority delegated to a person while serving as an acting officer under subsection 7a7 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 ,secretary1 as required by subsection 7a71 whichever is sooner4 7c7 ,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 7a74 4 7b7 ,conforming amendment ,the table of contents for chapter #a is amended by inserting after the item relating to section #aae the following3 #aaf4 ,administrations2 acting officers4 4 7c7 ,application ,the amendment under subsection 7a7 shall apply to any applicable office with a position designated for a ,senate confirmed official4 #aajb4 ,infrastructure ,permitting ,improvement ,center 7a7 ,in general ,subchapter ,i of chapter #c1 as amended by sections #aajd and #aajf of this ,act1 is further amended by inserting after section #caa the following3 #cab4 ,interagency ,infrastructure ,permitting ,improvement ,center 7a7 ,in general ,there is established in the ,office of the ,secretary an ,interagency ,infrastructure ,permitting ,improvement ,center 7referred to in this section as the ,center74 7b7 ,roles and responsibilities 7#a7 ,governance ,the ,center shall report to the chair of the ,steering ,committee described in paragraph 7#b7 to ensure that the perspectives of all member agencies are represented4 7#b7 ,infrastructure permitting steering committee ,an ,infrastructure ,permitting ,steering ,committee 7referred to in this section as the ,steering ,committee7 is established to oversee the work of the ,center4 ,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 agencies3 7,a7 ,the ,department of ,defense4 7,b7 ,the ,department of the ,interior4 7,c7 ,the ,department of ,agriculture4 7,d7 ,the ,department of ,commerce4 7,e7 ,the ,department of ,transportation4 7,f7 ,the ,department of ,energy4 7,g7 ,the ,department of ,homeland ,security4 7,h7 ,the ,environmental ,protection ,agency4 7,i7 ,the ,advisory ,council on ,historic ,preservation4 7,j7 ,the ,department of the ,army4 7,k7 ,the ,department of ,housing and ,urban ,development4 7,l7 ,other agencies the ,chair of the ,steering ,committee invites to participate4 7#c7 ,activities ,the ,center shall support the ,chair of the ,steering ,committee and undertake the following3 7,a7 ,coordinate and support implementation of priority reform actions for ,federal agency permitting and reviews for areas as defined and identified by the ,steering ,committee4 7,b7 ,support modernization efforts at ,federal agencies and interagency pilots for innovative approaches to the permitting and review of infrastructure projects4 7,c7 ,provide technical assistance and training to field and headquarters staff of ,federal agencies on policy changes1 innovative approaches to project delivery1 and other topics as appropriate4 7,d7 ,identify1 develop1 and track metrics for timeliness of permit reviews1 permit decisions1 and project outcomes4 7,e7 ,administer and expand the use of online transparency tools providing for-- 7i7 tracking and reporting of metrics2 7ii7 development and posting of schedules for permit reviews and permit decisions2 and 7iii7 sharing of best practices related to efficient project permitting and reviews4 7,f7 ,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 environment4 7#d7 ,infrastructure sectors covered ,the ,center shall support process improvements in the permitting and review of projects in the following sectors3 7,a7 ,surface transportation4 7,b7 ,aviation4 7,c7 ,ports and waterways4 7,d7 ,water resource projects4 7,e7 ,renewable energy generation4 7,f7 ,electricity transmission4 7,g7 ,broadband4 7,h7 ,pipelines4 7,i7 ,other sectors1 as determined by the ,steering ,committee4 4 7b7 ,conforming amendment ,the table of contents of chapter #c1 as amended by sections #aajd and #aajf of this ,act1 is further amended by inserting after the item relating to section #caa the following3 #cab4 ,interagency ,infrastructure ,permitting ,improvement ,center4 4 #aajc4 ,accelerated decisionmaking in environmental reviews 7a7 ,in general ,subchapter ,i of chapter #c is amended by inserting after section #cjd the following3 #cjd;a4 ,accelerated decisionmaking in environmental reviews 7a7 ,in general ,in preparing a final environmental impact statement under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq471 if the ,department of ,transportation1 when acting as lead agency1 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 response1 the ,department may write on errata sheets attached to the statement instead of rewriting the draft statement1 subject to the condition that the errata sheets-- 7#a7 cite the sources1 authorities1 or reasons that support the position of the ,department2 and 7#b7 if appropriate1 indicate the circumstances that would trigger ,departmental reappraisal or further response4 7b7 ,incorporation ,to the maximum extent practicable1 the ,department shall expeditiously develop a single document that consists of a final environmental impact statement and a record of decision1 unless-- 7#a7 the final environmental impact statement makes substantial changes to the proposed action that are relevant to environmental or safety concerns2 or 7#b7 there are significant new circumstances or information relevant to environmental concerns and that bear on the proposed action or the impacts of the proposed action4 4 7b7 ,conforming amendment ,the table of contents of chapter #c is amended by inserting after the item relating to section #cjd the following3 #cjd;a4 ,accelerated decisionmaking in environmental reviews4 4 #aajd4 ,environmental review alignment and reform 7a7 ,in general ,subchapter ,i of chapter #c is amended by inserting after section #cji the following3 #caj4 ,aligning ,federal environmental reviews 7a7 ,coordinated and concurrent environmental reviews ,not later than #a year after the date of enactment of the ,comprehensive ,transportation and ,consumer ,protection ,act of #bjae1 the ,department of ,transportation1 in coordination with the ,steering ,committee described in section #cab of this title1 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 #aifi 7#db ,u4,s4,c4 #dcba et seq47 7referred to in this section as ,,nepa74 ,the coordinated and concurrent environmental review and permitting process shall-- 7#a7 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 project2 7#b7 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 obligations2 and 7#c7 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 obligations4 7b7 ,environmental checklist ,the ,secretary of ,transportation and ,federal agencies of jurisdiction likely to have substantive review or approval responsibilities on transportation projects1 not later than #ij days after the date of enactment of the ,comprehensive ,transportation and ,consumer ,protection ,act of #bjae1 shall jointly develop a checklist to help project sponsors identify potential natural1 cultural1 and historic resources in the area of a proposed project4 ,the purpose of the checklist is-- 7#a7 to identify agencies of jurisdiction and cooperating agencies2 7#b7 to develop the information needed for the purpose and need and alternatives for analysis2 and 7#c7 to improve interagency collaboration to help expedite the permitting process for the lead agency and ,federal agencies of jurisdiction4 7c7 ,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 #cab1 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 management4 ,this engagement shall ensure agency staff is fully engaged and utilizing the flexibility of existing regulations1 policies1 and guidance and identifying additional actions to facilitate high quality1 efficient1 and targeted environmental reviews and permitting decisions4 ,the sessions and the interagency collaborations they generate shall focus on how to work with ,state and local transportation entities to improve project planning1 siting1 and application quality and how to consult and coordinate with relevant stakeholders and ,federal1 tribal1 ,state1 and local representatives early in permitting processes4 7d7 ,performance measurement ,not later than #a year after the date of enactment of the ,comprehensive ,transportation and ,consumer ,protection ,act of #bjae1 the ,secretary of ,transportation1 in coordination with the ,steering ,committee established under section #cab1 shall establish a program to measure and report on progress towards aligning ,federal reviews as outlined in this section4 4 7b7 ,conforming amendment ,the table of contents of subchapter ,i of chapter #c is amended by inserting after the item relating to section #cji the following3 #caj4 ,aligning ,federal environmental reviews4 4 #aaje4 ,multimodal categorical exclusions ,section #cjd is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#a7-- 7i7 by striking operating authority and inserting operating administration or secretarial office2 7ii7 by inserting has expertise but before is not the lead2 and 7iii7 by inserting proposed multimodal before project2 7,b7 by amending paragraph 7#b7 to read as follows3 7#b7 ,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 project4 2 and 7,c7 in paragraph 7#c71 by striking has the meaning given the term in section #aci7;a7 of title #bc and inserting means an action by the ,department of ,transportation that involves expertise of #a or more ,department of ,transportation operating administrations or secretarial offices2 7#b7 in subsection 7b71 by striking under this title and inserting by the ,secretary of ,transportation2 7#c7 in subsection 7c7-- 7,a7 in the matter preceding paragraph 7#a7-- 7i7 by striking a categorical exclusion designated under the implementing regulations or and inserting categorical exclusions designated under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 implementing2 and 7ii7 by striking other components of the and inserting a proposed multimodal2 7,b7 by amending paragraphs 7#a7 and 7#b7 to read as follows3 7#a7 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 exclusion2 7#b7 the cooperating authority does not object to the lead authority's preliminary determination of its applicability2 2 7,c7 in paragraph 7#c7-- 7i7 by inserting the lead authority determines that before the component of2 and 7ii7 by inserting proposed multimodal before project to be covered2 and 7,d7 by amending paragraph 7#d7 to read as follows3 7#d7 the lead authority1 with the concurrence of the cooperating authority-- 7,a7 follows implementing regulations or procedures under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq472 7,b7 determines that the proposed multimodal project does not individually or cumulatively have a significant impact on the environment2 and 7,c7 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 #aifi 7#db ,u4,s4,c4 #dcba et seq474 2 and 7#d7 by amending subsection 7d7 to read as follows3 7d7 ,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 expertise4 4 #aajf4 ,improving transparency in environmental reviews 7a7 ,in general ,subchapter ,i of chapter #c1 as amended by section #aajd of this ,act1 is further amended by inserting after section #caj the following3 #caa4 ,improving transparency in environmental reviews 7a7 ,in general ,not later than #b years after the date of enactment of the ,comprehensive ,transportation and ,consumer ,protection ,act of #bjae1 the ,secretary of ,transportation shall establish an online platform and1 in coordination with ,federal agencies described in subsection 7b71 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 #aifi 7#db ,u4,s4,c4 #dcba et seq47 and any other ,federal approval required under applicable laws for projects and activities requiring an environmental assessment or an environmental impact statement4 7b7 ,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 platform1 consistent with the standards established under subsection 7a74 7c7 ,assignment of responsibilities ,an entity with assigned authority for responsibilities under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq471 under section #cbf or section #cbg of title #bc shall be responsible for supplying project development and compliance status for all applicable projects4 4 7b7 ,conforming amendment ,the table of contents of subchapter ,i of chapter #c1 as amended by section #aajd of this ,act1 is further amended by inserting after the item relating to section #caj1 the following3 #caa4 ,improving transparency in environmental reviews4 4 ,b ,freight #abja4 ,establishment of freight chapter 7a7 ,sense of ,congress ,it is the sense of ,congress that-- 7#a7 freight policy and planning should incorporate the many modes of transportation that move goods2 7#b7 the ,secretary of ,transportation should oversee and facilitate multimodal freight planning efforts2 7#c7 the ,under ,secretary for ,policy of the ,department of ,transportation should serve as the primary coordinator of multimodal planning efforts2 7#d7 efficient and reliable freight infrastructure is critical to our ,nation's economy and international competitiveness2 7#e7 the ,nation's limited ,federal discretionary infrastructure funding resources should be focused on freight infrastructure2 and 7#f7 as such1 the sole discretionary national infrastructure investment grant program annually appropriated without authorization1 should be reformed and refocused into the ,freight ,investment ,grant program4 7b7 ,freight ,subtitle ,,iii is amended by inserting after chapter #ec the following3 #ed ,freight ,sec4 #edja4 ,definitions4 #edjb4 ,national multimodal freight policy4 #edjc4 ,national multimodal freight network4 #edjd4 ,national ,freight ,strategic ,plan4 #edje4 ,state freight plans4 #edjf4 ,freight investment grants4 #edjg4 ,reports4 #edja4 ,definitions ,in this chapter3 7#a7 ,economic competitiveness ,the term economic competitiveness means the ability of the economy to efficiently move freight and people1 produce goods1 and deliver services1 including-- 7,a7 reductions in the travel time of freight2 7,b7 reductions in the congestion caused by the movement of freight2 7,c7 improvements to freight travel time reliability2 and 7,d7 reductions in freight transportation costs due to congestion and insufficient infrastructure4 7#b7 ,freight ,the term freight means the commercial transportation of cargo1 including agricultural1 manufactured1 retail1 or other goods by vessel1 vehicle1 pipeline1 or rail4 7#c7 ,freight transportation modes ,the term freight transportation modes means-- 7,a7 the infrastructure supporting any mode of transportation that moves freight1 including highways1 ports1 waterways1 rail facilities1 and pipelines2 and 7,b7 any vehicles or equipment transporting goods on such infrastructure4 7#d7 ,intelligent freight transportation system ,the term intelligent freight transportation system means-- 7,a7 an innovative or intelligent technological transportation system1 infrastructure1 or facilities1 including electronic roads1 driverless trucks1 elevated freight transportation facilities1 automated port technologies1 and other similar freight transportation systems2 and 7,b7 communications or information processing systems used singly or in combination for intelligent freight lanes and conveyances that improve the efficiency1 security1 or safety of the freight system or that operate to convey freight or improve existing freight movements4 7#e7 ,national multimodal freight network ,the term national multimodal freight network means the network established under section #edjc4 7#f7 ,national multimodal freight strategic plan ,the term national multimodal freight strategic plan means the strategic plan developed under section #edjd4 7#g7 ,secretary ,the term ,secretary means the ,secretary of ,transportation4 7#h7 ,state ,the term ,state means a ,state of the ,united ,states1 the ,district of ,columbia1 the ,commonwealth of ,puerto ,rico1 the ,commonwealth of the ,northern ,mariana ,islands1 ,guam1 ,american ,samoa1 and the ,united ,states ,virgin ,islands4 4 #abjb4 ,national multimodal freight policy ,subtitle ,,iii1 as amended by section #abja of this ,act1 is further amended by adding after section #edja the following3 #edjb4 ,national multimodal freight policy 7a7 ,policy ,it is the policy of the ,united ,states-- 7#a7 to support investment to maintain and improve the condition and performance of the national multimodal freight network2 7#b7 to ensure that the ,united ,states maximizes its competitiveness in the global economy by increasing the overall productivity and connectivity of the national freight system2 and 7#c7 to pursue the goals described in subsection 7b74 7b7 ,goals ,the national multimodal freight policy has the following goals3 7#a7 ,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 #a or more of the following3 7,a7 ,strengthen the contribution of the national freight network to the economic competitiveness of the ,united ,states4 7,b7 ,reduce congestion and relieve bottlenecks in the freight transportation system4 7,c7 ,reduce the cost of freight transportation4 7,d7 ,improve the reliability of freight transportation4 7,e7 ,increase productivity1 particularly for domestic industries and businesses that create jobs4 7#b7 ,to improve the safety1 security1 efficiency1 and resiliency of freight transportation in rural and urban areas4 7#c7 ,to improve the condition of the national freight network4 7#d7 ,to use advanced technology to improve the safety and efficiency of the national freight network4 7#e7 ,to incorporate concepts of performance1 innovation1 competition1 and accountability into the operation and maintenance of the national freight network4 7#f7 ,to improve the efficiency and productivity of the national freight network4 7#g7 ,to pursue these goals in a manner that is not burdensome to ,state and local governments4 7c7 ,strategies ,the ,united ,states may achieve the goals set forth in subsection 7b7 by-- 7#a7 providing funding to maintain and improve freight infrastructure facilities2 7#b7 implementing appropriate safety1 environmental1 energy and other transportation policies2 7#c7 utilizing advanced technology and innovation2 7#d7 promoting workforce development2 and 7#e7 using performance management activities4 7d7 ,implementation ,the ,under ,secretary for ,policy1 who shall be responsible for the oversight and implementation of the national multimodal freight policy1 shall-- 7#a7 assist with the coordination of modal freight planning2 7#b7 ensure consistent1 expedited review of multimodal freight projects2 7#c7 review the project planning and approval processes at each modal administration to identify modeling and metric inconsistencies1 approvals1 and terminology differences that could hamper multimodal project approval2 7#d7 identify interagency data sharing opportunities to promote freight planning and coordination2 7#e7 identify multimodal efforts and connections2 7#f7 designate the lead agency for multimodal freight projects2 7#g7 develop recommendations for ,state incentives for multi-modal planning efforts1 which may include-- 7,a7 reducing the ,state cost share2 or 7,b7 expediting the review of agreements for multimodal or freight specific projects2 7#h7 consider opportunities to reduce project delays by issuing categorical exclusions or allowing self-certifications of right-of-way acquisitions for freight projects2 and 7#i7 submit a report to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives that identifies required reports1 statutory requirements1 and other limitations on efficient freight project delivery that could be streamlined or consolidated4 4 #abjc4 ,national multimodal freight network ,subtitle ,,iii as amended by section #abjb of this ,act1 is further amended by adding after section #edjb the following3 #edjc4 ,national multimodal freight network 7a7 ,in general ,the ,secretary shall establish a national freight network1 in accordance with this section-- 7#a7 to assist ,states in strategically directing resources toward improved system performance for the efficient movement of freight on transportation networks2 7#b7 to inform freight transportation planning2 7#c7 to assist in the prioritization of ,federal investment2 and 7#d7 to assess and support ,federal investments to achieve the national multimodal freight policy goals described in section #edjb7;b74 7b7 ,network components ,the national multimodal freight network established under this section shall consist of all connectors1 corridors1 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 #edjb7;b74 7c7 ,initial designation of primary freight system 7#a7 ,in general ,not later than #a year after the date of enactment of the ,comprehensive ,transportation and ,consumer ,protection ,act of #bjae1 the ,secretary1 after soliciting input from stakeholders1 including multimodal freight system users1 transport providers1 metropolitan planning organizations1 local governments1 ports1 airports1 railroads1 and ,states1 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 #edjb7;b71 and after providing notice and opportunity for comment on a draft system1 shall designate a primary freight system with the goal of-- 7,a7 improving network and intermodal connectivity2 and 7,b7 using measurable data as part of the assessment of the significance of freight movement1 including the consideration of points of origin1 destination1 and linking components of domestic and international supply chains4 7#b7 ,factors ,in designating or redesignating a primary freight system1 the ,secretary shall consider-- 7,a7 origins and destinations of freight movement within1 to1 and from the ,united ,states2 7,b7 volume1 value1 tonnage1 and the strategic importance of freight2 7,c7 access to border crossings1 airports1 seaports1 and pipelines2 7,d7 economic factors1 including balance of trade2 7,e7 access to major areas for manufacturing1 agriculture1 or natural resources2 7,f7 access to energy exploration1 development1 installation1 and production areas2 7,g7 intermodal links and intersections that promote connectivity2 7,h7 freight choke points and other impediments contributing to significant measurable congestion1 delay in freight movement1 or inefficient modal connections2 7,i7 impacts on all freight transportation modes and modes that share significant freight infrastructure2 7,j7 elements and transportation corridors identified by a multi-,state coalition1 a ,state1 a ,state advisory committee1 or a metropolitan planning organization1 using national or local data1 as having critical freight importance to the region2 7,k7 intermodal connectors1 major distribution centers1 inland intermodal facilities1 and first- and last-mile facilities2 7,l7 the annual average daily truck traffic on principal arterials2 and 7,m7 the significance of goods movement1 including consideration of global and domestic supply chains4 7#c7 ,requirements for designation ,a designation may be made under this subsection if the freight transportation facility or infrastructure being considered-- 7,a7 is in an urbanized area1 regardless of population2 7,b7 has been designated under subsection 7e7 as a critical rural freight corridor2 7,c7 connects an intermodal facility to-- 7i7 the primary freight network2 or 7ii7 an intermodal freight facility2 7,d7 7i7 is located within a corridor of a route on the primary freight network2 and 7ii7 provides an alternative option important to goods movement2 7,e7 serves a major freight generator1 logistic center1 agricultural region1 or manufacturing or warehouse industrial land2 or 7,f7 is important to the movement of freight within a ,state or metropolitan region1 as determined by the ,state or the metropolitan planning organization4 7d7 ,redesignation of primary freight system 7#a7 ,in general ,beginning on the date that is #e years after the initial designation under subsection 7c71 and every #e years thereafter1 the ,secretary1 using the designation factors described in subsection 7c77#c71 shall redesignate the primary freight system4 7#b7 ,considerations ,in redesignating the primary freight system under paragraph 7#a71 the ,secretary shall-- 7,a7 use1 to the extent practicable1 measurable data to assess the significance of goods movement1 including the consideration of points of origin1 destination1 and linking components of the ,united ,states global and domestic supply chains2 7,b7 consider-- 7i7 the factors described in subsection 7c77#b72 and 7ii7 any changes in the economy or freight transportation network demand2 and 7,c7 provide the ,states with an opportunity to submit proposed designations in accordance with paragraph 7#c74 7#c7 ,state input 7,a7 ,in general ,each ,state that proposes increased designations on the primary freight system shall-- 7i7 consider nominations for additional designations from metropolitan planning organizations within the ,state2 7ii7 consider nominations for the additional designations from owners and operators of port1 rail1 pipeline1 and airport facilities2 and 7iii7 ensure that additional designations are consistent with the ,state ,transportation ,improvement ,program or freight plan4 7,b7 ,revisions ,states may revise routes certified under section #djjf of the ,intermodal ,surface ,transportation ,efficiency ,act of #aiia 7,public ,law #ajb-bdj2 #aje ,stat4 #badh7 to conform with the designated freight system under this section4 7,c7 ,submission and certification ,each ,state shall submit to the ,secretary-- 7i7 a list of the additional designations added under this subsection2 and 7ii7 certification that-- 7,i7 the ,state has satisfied the requirements under subparagraph 7,a72 and 7,,ii7 the designations referred to in clause 7i7 address the factors for redesignation described in subsection 7c77#c74 7e7 ,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-- 7#a7 is a rural principal arterial roadway or facility2 7#b7 provides access or service to energy exploration1 development1 installation1 or production areas2 7#c7 provides access or service to-- 7,a7 a grain elevator2 7,b7 an agricultural facility2 7,c7 a mining facility2 7,d7 a forestry facility2 or 7,e7 an intermodal facility2 7#d7 connects to an international port of entry2 7#e7 provides access to significant air1 rail1 water1 or other freight facilities in the ,state2 or 7#f7 has been determined by the ,state to be vital to improving the efficient movement of freight of importance to the economy of the ,state4 4 #abjd4 ,national ,freight ,strategic ,plan ,subtitle ,,iii as amended by section #abjc of this ,act1 is further amended by adding after section #edjc the following3 #edjd4 ,national ,freight ,strategic ,plan 7a7 ,initial development of ,national ,freight ,strategic ,plan ,not later than #c years after the date of enactment of the ,comprehensive ,transportation and ,consumer ,protection ,act of #bjae1 the ,secretary1 in consultation with ,state departments of transportation1 metropolitan planning organizations1 and other appropriate public and private transportation stakeholders1 shall develop1 and after providing notice and an opportunity for comment on a draft national freight strategic plan1 post on the public website of the ,department of ,transportation1 a national freight strategic plan that-- 7#a7 provides an assessment of the condition and performance of the national freight network2 7#b7 identifies any bottlenecks on the national freight network that create significant freight congestion based on a quantitative methodology developed by the ,secretary1 which shall include-- 7,a7 information from the ,freight ,analysis ,framework of the ,federal ,highway ,administration2 and 7,b7 to the maximum extent practicable-- 7i7 an estimate of the cost of addressing each bottleneck2 and 7ii7 any operational improvements that could be implemented to address each bottleneck2 7#c7 includes forecasts of freight volumes1 based on the most recent data available1 for the #e-year period beginning in the year during which the plan is issued2 7#d7 identifies major trade gateways and national freight corridors that connect major economic corridors1 population centers1 trade gateways1 and other major freight generators for current and forecasted traffic and freight volumes2 7#e7 provides an assessment of statutory1 regulatory1 technological1 institutional1 financial1 and other barriers to improved freight transportation performance1 including opportunities for overcoming such barriers2 7#f7 identifies-- 7,a7 routes for providing access to energy exploration1 development1 installation1 or production areas2 and 7,b7 routes for providing access to major areas for manufacturing1 agriculture1 or natural resources2 7#g7 includes best practices for-- 7,a7 improving the performance of the national freight network2 and 7,b7 improving urban and rural access to critical freight corridors2 7#h7 includes a process for-- 7,a7 addressing multistate projects2 and 7,b7 encouraging jurisdictions to collaborate on multistate projects2 7#i7 identifies-- 7,a7 locations or areas with high crash rates or congestion involving freight traffic2 and 7,b7 strategies to address such issues2 and 7#aj7 includes strategies to improve freight intermodal connectivity4 7b7 ,updates to ,national ,freight ,strategic ,plan ,not later than #e years after the date of completion of the first national freight strategic plan under paragraph 7#a7 and every #e years thereafter1 the ,secretary shall update and repost on the public website of the ,department of ,transportation a revised national freight strategic plan1 which shall include a revision of the major trade gateways and national freight corridors identified under subsection 7a77#d74 7c7 ,transportation investment data and planning tools 7#a7 ,in general ,not later than #a year after the date of enactment of the ,comprehensive ,transportation and ,consumer ,protection ,act of #bjae1 the ,secretary shall-- 7,a7 begin developing new tools and improving existing tools to support ,state-based outcome-oriented1 performance-based approaches to evaluate proposed freight-related and other transportation projects1 including-- 7i7 methodologies for systematic analysis of benefits and costs on a national and regional basis2 7ii7 tools for ensuring that the evaluation of freight-related and other transportation projects could consider safety1 economic competitiveness1 urban and rural access1 and system condition in the project selection process2 7iii7 improved methods for data collection and trend analysis2 7iv7 encouragement of public-private partnerships to carry out data sharing activities and maintaining the confidentiality of all proprietary data2 and 7v7 other tools to assist in effective transportation planning2 7,b7 identify transportation-related model data elements to support a broad range of evaluation methods and techniques to assist in making transportation investment decisions2 and 7,c7 consider1 in consultation with other relevant ,federal agencies1 any improvements to existing freight flow data collection efforts that could-- 7i7 reduce identified freight data gaps and deficiencies2 and 7ii7 help to improve forecasts of freight transportation demand4 7#b7 ,consultation ,the ,secretary shall consult with other ,federal agencies1 ,state governments1 and other stakeholders to develop1 improve1 and implement the tools and collect the data described in paragraph 7#a74 4 #abje4 ,state freight plans ,subtitle ,,iii as amended by section #abjd of this ,act1 is further amended by adding after section #edjd the following3 #edje4 ,state freight plans 7a7 ,state freight advisory committees 7#a7 ,in general ,each ,state may establish a freight advisory committee1 which should consist of a representative cross-section of public and private sector freight stakeholders1 including representatives of ports1 shippers1 carriers1 freight-related associations1 the freight industry workforce1 the ,state transportation department1 and local governments4 7#b7 ,role of committee ,a freight advisory committee described in paragraph 7#a7 may-- 7,a7 advise the ,state on freight-related priorities1 issues1 projects1 and funding needs2 7,b7 serve as a forum for discussion for ,state transportation decisions affecting freight mobility2 7,c7 communicate and coordinate with other organizations regarding regional priorities2 and 7,d7 promote the sharing of information between the private and public sectors on freight issues4 7b7 ,state freight plans 7#a7 ,in general ,each ,state may develop a freight plan1 or integrate such planning into other transportation planning documents1 that provides a comprehensive plan for the immediate and long-range planning activities and investments of the ,state with respect to freight4 7#b7 ,plan contents ,a freight plan described in paragraph 7#a7 should-- 7,a7 identify significant freight system trends1 needs1 and issues with respect to the ,state2 7,b7 describe the freight policies1 strategies1 and performance measures that will guide the freight-related transportation investment decisions of the ,state2 7,c7 include1 if applicable1 a listing of critical rural and urban freight corridors designated within the ,state under this chapter2 7,d7 describe how the plan will improve the ability of the ,state to meet the national freight goals established under section #edjb7;b72 7,e7 include evidence of consideration of innovative technologies and operational strategies1 including intelligent transportation systems1 that improve the safety and efficiency of freight movement2 7,f7 include-- 7i7 an inventory of facilities within the ,state with freight mobility issues1 such as freight bottlenecks2 and 7ii7 a description of the strategies the ,state is employing to address such freight mobility issues2 7,g7 consider-- 7i7 any significant congestion or delay caused by freight movements2 and 7ii7 any strategies to mitigate such congestion or delay2 and 7,h7 include1 subject to paragraph 7#c71 a freight investment plan that-- 7i7 includes a list of priority projects2 and 7ii7 describes how funds made available to carry out this chapter would be invested and matched4 7#c7 ,relationship to long-range plan ,the freight investment plan component described in paragraph 7#b77;,h7 shall include a project1 or an identified phase of a project1 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 plan4 ,unfunded project plans should be included in a separate section4 7#d7 ,planning period ,the freight plan shall address a #e-year forecast period4 7#e7 ,updates 7,a7 ,in general ,a ,state may update the freight plan under this subsection not less frequently than once every #e years4 7,b7 ,freight investment plan ,a ,state may update the freight investment plan more frequently than is required under subparagraph 7,a74 7c7 ,intelligent freight transportation system 7#a7 ,location ,an intelligent freight transportation system shall be located-- 7,a7 7i7 along freight corridors2 or 7ii7 in a manner that connects ports-of-entry to the freight network2 and 7,b7 in proximity to1 or within1 an existing right-of-way or existing freight right-of-way4 7#b7 ,operating standards ,the ,secretary shall determine the need for establishing operating standards for intelligent freight transportation systems4 4 #abjf4 ,freight investment grants ,subtitle ,,iii as amended by section #abje of this ,act1 is further amended by adding after section #edje the following3 #edjf4 ,freight investment grants 7a7 ,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 ,states4 7b7 ,applications 7#a7 ,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 7#b7 and the total amount of the grant requested4 7#b7 ,contents ,each application submitted under this subsection shall include1 to the extent practicable1 available data on the most recent system performance and estimated system improvements that will result from completion of the eligible project1 including projections for improvements #e and #aj years after completion of the project4 7#c7 ,accountability measures ,the ,secretary shall establish accountability measures for the management of the ,freight ,investment ,grant ,program-- 7,a7 to establish clear procedures for addressing late-arriving applications2 7,b7 to publicly communicate its decisions to accept or reject applications described in subparagraph 7,a72 and 7,c7 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-- 7i7 to advance for senior review applications other than those rated as highly recommended2 7ii7 to not advance applications rated as highly recommended2 and 7iii7 to change the technical evaluation rating of an application4 7#d7 ,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 solicitation4 7c7 ,criteria for project evaluation and selection 7#a7 ,in general ,the ,administrator may select a project for funding under this section only if the ,administrator determines that the project-- 7,a7 is consistent with the goals described in section #edjb7;b72 7,b7 will significantly improve the national or regional performance of the freight transportation network2 7,c7 is based on the results of preliminary engineering2 7,d7 is consistent with the long-range statewide transportation plan2 7,e7 cannot be readily and efficiently completed without ,federal financial assistance2 7,f7 is justified based on the ability of the project-- 7i7 to generate national economic benefits that reasonably exceed the costs of the project2 7ii7 to reduce long-term congestion1 including impacts on a regional and statewide basis2 or 7iii7 to increase the speed1 reliability1 and accessibility of the movement of freight2 and 7,g7 is supported by a sufficient amount of non-,federal funding1 including evidence of stable and dependable financing to construct1 maintain1 and operate the infrastructure facility4 7#b7 ,additional considerations ,in evaluating a project under this section1 in addition to the criteria described in paragraph 7#a71 the ,secretary shall consider the extent to which the project-- 7,a7 leverages ,federal investment by encouraging non-,federal contributions to the project1 including contributions from public-private partnerships2 7,b7 is able to begin construction by the date that is not later than #ab months after the date on which the project is selected2 7,c7 incorporates innovative project delivery and financing to the maximum extent practicable2 7,d7 improves freight facilities vital to agricultural or national energy security2 7,e7 improves or upgrades current or designated future ,interstate ,system routes2 7,f7 uses innovative technologies1 including intelligent transportation systems1 that enhance the efficiency of the project2 7,g7 helps to improve mobility and accessibility2 and 7,h7 improves transportation safety1 including reducing transportation accident and serious injuries and fatalities4 7d7 ,geographic distribution ,in awarding grants under this section1 the ,secretary shall take measures to ensure1 to the maximum extent practicable-- 7#a7 an equitable geographic distribution of amounts2 and 7#b7 an appropriate balance in addressing the needs of rural and urban communities4 7e7 ,eligible projects 7#a7 ,in general ,a project is eligible for a grant under this section if the project-- 7,a7 is difficult to complete with existing ,federal1 ,state1 local1 and private funds2 7,b7 7i7 enhances the economic competitiveness of the ,united ,states2 or 7ii7 improves the flow of freight or reduces bottlenecks in our ,nation's freight infrastructure2 and 7,c7 will advance #a or more of the following objectives3 7i7 ,generate regional or national economic benefits and an increase in the global economic competitiveness of the ,united ,states4 7ii7 ,improve transportation resources vital to agriculture or national energy security4 7iii7 ,improve the efficiency1 reliability1 and affordability of the movement of freight4 7iv7 ,improve existing freight infrastructure projects4 7v7 ,improve the movement of people by improving rural and metropolitan freight routes4 7#b7 ,examples ,eligible projects for grant funding under this section shall include-- 7,a7 a freight intermodal facility1 including-- 7i7 an intermodal facility serving a seaport2 7ii7 an intermodal or cargo access facility serving an airport2 7iii7 an intermodal facility serving a port on the inland waterways2 7iv7 a bulk intermodal_/transload facility2 or 7v7 a highway_/rail intermodal facility2 7,b7 highway or bridge projects eligible under title #bc2 7,c7 public transportation projects that reduce congestion on freight corridors and are eligible under chapter #ec2 7,d7 freight rail transportation projects 7including rail-grade separations72 and 7,e7 port infrastructure investments 7including inland port infrastructure74 7f7 ,eligible applicants ,an applicant is eligible to receive a grant under this section if the applicant is-- 7#a7 a ,state or a group of ,states2 7#b7 a local government or a group of local governments2 7#c7 a tribal government or a group of tribal governments2 7#d7 a transit agency or a group of transit agencies2 7#e7 a special purpose district or a public authority with a transportation function2 7#f7 a port authority2 7#g7 a political subdivision of a ,state or local government2 7#h7 a ,federal land management agency1 which is applying jointly with a ,state2 or 7#i7 a multistate or multijurisdictional group of entities described in any of paragraphs 7#a7 through 7#h74 7g7 ,requirements 7#a7 ,competitive grants ,the ,secretary shall distribute amounts appropriated for grants under this section to ,states1 local governments1 transit agencies1 or a collaboration among such entities on a competitive basis for projects that will have a significant impact on freight movement4 7#b7 ,considerations ,in selecting projects to receive grant funding under this section1 the ,secretary shall-- 7,a7 consider-- 7i7 projected freight volumes2 and 7ii7 how projects will enhance economic efficiency1 productivity1 and competitiveness2 and 7,b7 give priority to projects dedicated to-- 7i7 improving freight infrastructure facilities2 7ii7 reducing travel time for freight projects2 and 7iii7 reducing freight transportation costs4 7#c7 ,equitable distribution of funds ,in distributing funding for grants under this section1 the ,secretary shall take such measures to ensure-- 7,a7 an equitable geographic distribution of funds2 7,b7 an appropriate balance in addressing the needs of urban and rural areas2 and 7,c7 the investment in a variety of transportation modes4 7#d7 ,amount 7,a7 ,in general ,except as provided under subparagraph 7,b77i71 a grant under this heading shall be not less than #aj1jjj1jjj and not greater than #ajj1jjj1jjj4 7,b7 ,projects in rural areas ,if a grant awarded under this section is for a project located in a rural area-- 7i7 the amount of the grant shall be at least #a1jjj1jjj2 and 7ii7 the ,secretary may increase the ,federal share of costs to greater than #hj percent4 7#e7 ,federal share ,except as provided under paragraph 7#d77;,b77ii71 the ,federal share of the costs for a project receiving a grant under this section shall be up to #hj percent4 7#f7 ,priority ,the ,secretary shall give priority to projects that require a contribution of ,federal funds in order to complete an overall financing package4 7#g7 ,rural areas ,not less than #be percent of the funding provided under this section shall be for projects located in rural areas4 7#h7 ,new competition ,the ,secretary shall conduct a new competition to select the grants and credit assistance awarded under this section4 7#i7 ,congressional notification ,not later than #gb hours before public notification of a grant awarded under this section1 the ,secretary shall notify the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate1 the ,committee on ,environment and ,public ,works of the ,senate1 the ,committee on ,banking1 ,housing1 and ,urban ,affairs of the ,senate1 the ,committee on ,appropriations of the ,senate1 the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives1 and the ,committee on ,appropriations of the ,house of ,representatives of such award4 7h7 ,,tifia and ,,rrif programs ,on the request of an eligible entity under this section1 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 #f of title #bc or section #hbb of title #de with respect to the project for which the grant was awarded4 7i7 ,authorization of appropriations 7#a7 ,in general ,there is authorized to be appropriated from the general fund of the ,treasury1 #ejj1jjj1jjj for each of the fiscal years #bjaf through #bjba to carry out this section4 7#b7 ,administrative and oversight costs ,the ,secretary may retain up to #j4e percent of the amounts appropriated pursuant to paragraph 7#a7-- 7,a7 to administer the freight investment grant program2 and 7,b7 to oversee eligible projects funded under this section4 7#c7 ,administration of funds ,amounts appropriated pursuant to this subsection shall be available for obligation until expended4 4 #abjg4 ,reports ,subtitle ,,iii1 as amended by section #abjf of this ,act1 is further amended by adding after section #edjf the following3 #edjg4 ,reports 7a7 ,freight transportation conditions and performance reports ,not later than #c years after the date of enactment of the ,comprehensive ,transportation and ,consumer ,protection ,act of #bjae1 and every #e years thereafter1 the ,secretary shall submit a report to ,congress that describes the conditions and performance of the national freight network in the ,united ,states4 7b7 ,annual report ,at the end of each fiscal year1 the ,secretary shall post1 on a public website1 an annual report that lists each project for which assistance has been provided under this chapter during that fiscal year4 7c7 ,,gao assessment and report 7#a7 ,assessment ,the ,comptroller ,general of the ,united ,states shall conduct an assessment of the administrative establishment1 solicitation1 selection1 and justification process for funding of projects under this chapter4 7#b7 ,report ,not later than #a year after the first funding is awarded under this chapter1 and not later than #f months after each funding solicitation1 the ,comptroller ,general of the ,united ,states shall submit a report to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate1 the ,committee on ,environment and ,public ,works of the ,senate1 the ,committee on ,banking1 ,housing and ,urban ,affairs of the ,senate1 the ,committee on ,appropriations of the ,senate1 the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives1 and the ,committee on ,appropriations of the ,house of ,representatives that describes-- 7,a7 the adequacy and fairness of the process by which each project was selected2 7,b7 the justification provided by the ,department for the selection of each project2 7,c7 whether the project met the criteria described in subsection 7e72 and 7,d7 whether the ,secretary provided adequate feedback to applicants who were not selected for an award4 4 #abjh4 ,repeals ,the ,moving ,ahead for ,progress in the #bast ,century ,act 7,public ,law #aab-ada7 is amended by striking sections #aaag and #aaah 7#bc ,u4,s4,c4 #afg note74 #abji4 ,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 subtitle4 ,c ,research #acja4 ,findings ,congress makes the followings findings3 7#a7 ,federal transportation research planning and coordination-- 7,a7 should occur within the ,office of the ,secretary2 and 7,b7 should be1 to the extent practicable1 multimodal and not occur solely within the subagencies of the ,department of ,transportation4 7#b7 ,managing a multi-modal research portfolio within the ,office of the ,secretary will-- 7,a7 help identify opportunities where research could be applied across modes2 and 7,b7 prevent duplication of efforts and waste of limited ,federal resources4 7#c7 ,an ombudsman for research at the ,department of ,transportation will-- 7,a7 give stakeholders a formal opportunity to address concerns2 7,b7 ensure unbiased research2 and 7,c7 improve the overall research products of the ,department4 7#d7 ,increasing transparency of transportation research efforts will-- 7,a7 build stakeholder confidence in the final product2 and 7,b7 lead to the improved implementation of research findings4 #acjb4 ,modal research plans 7a7 ,in general ,not later than ,june #ae of the year preceding the research fiscal year1 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 7referred to in this subtitle as the ,assistant ,secretary74 7b7 ,review 7#a7 ,in general ,not later than ,october #a1 the ,assistant ,secretary1 for each plan submitted pursuant to subsection 7a71 shall-- 7,a7 review the scope of the research2 and 7,b7 7i7 approve the plan2 or 7ii7 request that the plan be revised4 7#b7 ,publications ,not later than ,january #cj of each year1 the ,secretary shall publish each plan that has been approved under paragraph 7#a77;,b77i7 on a public website4 7#c7 ,rejection of duplicative research efforts ,the ,assistant ,secretary may not approve any plan submitted by the head of a modal administration pursuant to subsection 7a7 if such plan duplicates the research efforts of any other modal administration4 7c7 ,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-- 7#a7 such research is required by an ,act of ,congress2 7#b7 such research was part of a contract that was funded before the date of enactment of this ,act2 or 7#c7 the ,secretary of ,transportation certifies to ,congress that such research is necessary before the approval of a modal research plan4 7d7 ,duplicative research 7#a7 ,in general ,except as provided in paragraph 7#b71 no funds may be expended by the ,department of ,transportation on research projects that the ,secretary identifies as duplicative under subsection 7b77#c74 7#b7 ,exceptions ,paragraph 7#a7 shall not apply to-- 7,a7 updates to previously commissioned research2 7,b7 research commissioned to carry out an ,act of ,congress2 or 7,c7 research commissioned before the date of enactment of this ,act4 7e7 ,certification 7#a7 ,in general ,the ,secretary shall annually certify to ,congress that-- 7,a7 each modal research plan has been reviewed2 and 7,b7 there is no duplication of study for research directed1 commissioned1 or conducted by the ,department of ,transportation4 7#b7 ,corrective action plan ,if the ,secretary1 after submitting a certification under paragraph 7#a71 identifies duplication of research within the ,department of ,transportation1 the ,secretary shall-- 7,a7 notify ,congress of the duplicative research2 and 7,b7 submit a corrective action plan to ,congress that will eliminate such duplicative research4 #acjc4 ,consolidated research prospectus and strategic plan 7a7 ,prospectus 7#a7 ,in general ,the ,secretary shall annually publish1 on a public website1 a comprehensive prospectus on all research projects conducted by the ,department of ,transportation1 including1 to the extent practicable1 research funded through ,university ,transportation ,centers4 7#b7 ,contents ,the prospectus published under paragraph 7#a7 shall-- 7,a7 include the consolidated modal research plans approved under section #acjb2 7,b7 describe the research objectives1 progress1 and allocated funds for each research project2 7,c7 identify research projects with multimodal applications2 7,d7 specify how relevant modal administrations have assisted1 will contribute to1 or plan to use the findings from the research projects identified under paragraph 7#a72 7,e7 identify areas in which multiple modal administrations are conducting research projects on similar subjects or subjects which have bearing on multiple modes2 7,f7 describe the interagency and cross modal communication and coordination that has occurred to prevent duplication of research efforts within the ,department of ,transportation2 7,g7 indicate how research is being disseminated to improve the efficiency and safety of transportation systems2 7,h7 describe how agencies developed their research plans2 and 7,i7 describe the opportunities for public and stakeholder input4 7b7 ,funding report ,in conjunction with each of the ,president's annual budget requests under section #aaje of title #ca1 ,united ,states ,code1 the ,secretary shall submit a report to appropriate committees of ,congress that describes-- 7#a7 the amount spent in the last completed fiscal year on transportation research and development2 and 7#b7 the amount proposed in the current budget for transportation research and development4 7c7 ,performance plans and reports ,in the plans and reports submitted under sections #aaae and #aaaf of title #ca1 ,united ,states ,code1 the ,secretary shall include-- 7#a7 a summary of the ,federal transportation research and development activities for the previous fiscal year in each topic area2 7#b7 the amount spent in each topic area2 7#c7 a description of the extent to which the research and development is meeting the expectations set forth in subsection 7d77#c77;,a72 and 7#d7 any amendments to the strategic plan developed under subsection 7d74 7d7 ,transportation research and development strategic plan 7#a7 ,in general ,the ,secretary shall develop a #e-year transportation research and development strategic plan to guide future ,federal transportation research and development activities4 7#b7 ,consistency ,the strategic plan developed under paragraph 7#a7 shall be consistent with-- 7,a7 section #cjf of title #e1 ,united ,states ,code2 7,b7 sections #aaae and #aaaf of title #ca1 ,united ,states ,code2 and 7,c7 any other research and development plan within the ,department of ,transportation4 7#c7 ,contents ,the strategic plan developed under paragraph 7#a7 shall-- 7,a7 describe the primary purposes of the transportation research and development program1 which shall include-- 7i7 promoting safety2 7ii7 reducing congestion2 7iii7 improving mobility2 7iv7 preserving the existing transportation system2 7v7 improving the durability and extending the life of transportation infrastructure2 and 7vi7 improving goods movement2 7,b7 for each of the purposes referred to in subparagraph 7,a71 list the primary research and development topics that the ,department of ,transportation intends to pursue to accomplish that purpose1 which may include-- 7i7 fundamental research in the physical and natural sciences2 7ii7 applied research2 7iii7 technology research2 and 7iv7 social science research intended for each topic2 and 7,c7 for each research and development topic-- 7i7 identify the anticipated annual funding levels for the period covered by the strategic plan2 and 7ii7 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 area4 7#d7 ,considerations ,the ,secretary shall ensure that the strategic plan developed under this section-- 7,a7 reflects input from a wide range of stakeholders2 7,b7 includes and integrates the research and development programs of all the ,department of ,transportation's modal administrations1 including aviation1 transit1 rail1 and maritime2 and 7,c7 takes into account how research and development by other ,federal1 ,state1 private sector1 and nonprofit institutions-- 7i7 contributes to the achievement of the purposes identified under paragraph 7#c77;,a72 and 7ii7 avoids unnecessary duplication of such efforts4 7e7 ,technical and conforming amendments 7#a7 ,chapter #e of title #bc ,chapter #e of title #bc1 ,united ,states ,code1 is amended-- 7,a7 by striking section #ejh2 7,b7 in the table of contents1 by striking the item relating to section #ejh2 7,c7 in section #ejb-- 7i7 in subsection 7a77#i71 by striking transportation research and technology development strategic plan developed under section #ejh and inserting transportation research and development strategic plan under section #acjc of the ,comprehensive ,transportation and ,consumer ,protection ,act of #bjae2 and 7ii7 in subsection 7b77#d71 by striking transportation research and development strategic plan of the ,secretary developed under section #ejh and inserting transportation research and development strategic plan under section #acjc of the ,comprehensive ,transportation and ,consumer ,protection ,act of #bjae2 and 7,d7 in section #eab7;b71 by striking as part of the transportation research and development strategic plan developed under section #ejh4 7#b7 ,intelligent transportation systems ,section #ebje of the ,intelligent ,transportation ,systems ,act of #aiih 7#bc ,u4,s4,c4 #ejb note7 is amended-- 7,a7 in subsection 7b71 by striking as part of the ,surface ,transportation ,research and ,development ,strategic ,plan developed under section #ejh of title #bc1 ,united ,states ,code and inserting as part of the transportation research and development strategic plan under section #acjc of the ,comprehensive ,transportation and ,consumer ,protection ,act of #bjae2 and 7,b7 in subsection 7e77#b77;,a71 by striking or the ,surface ,transportation ,research and ,development ,strategic ,plan developed under section #ejh of title #bc1 ,united ,states ,code and inserting or the transportation research and development strategic plan under section #acjc of the ,comprehensive ,transportation and ,consumer ,protection ,act of #bjae4 7#c7 ,intelligent transportation system research ,subtitle ,c of title ,v of the ,safe1 ,accountable1 ,flexible1 ,efficient ,transportation ,equity ,act3 ,a ,legacy for ,users 7#bc ,u4,s4,c4 #eab note7 is amended-- 7,a7 in section #ecje7;h77#c77;,a71 by striking the strategic plan under section #ejh of title #bc1 ,united ,states ,code and inserting the #e-year transportation research and development strategic plan under section #acjc of the ,comprehensive ,transportation and ,consumer ,protection ,act of #bjae2 and 7,b7 in section #ecjg7;c77#b77;,a71 by striking or the surface transportation research and development strategic plan developed under section #ejh of title #bc1 ,united ,states ,code and inserting or the #e-year transportation research and development strategic plan under section #acjc of the ,comprehensive ,transportation and ,consumer ,protection ,act of #bjae4 #acjd4 ,research ,ombudsman 7a7 ,in general ,subtitle ,,iii is amended by inserting after chapter #fc the following3 #fe ,research ombudsman ,sec4#feja4 ,research ombudsman4 #feja4 ,research ombudsman 7a7 ,establishment ,the ,assistant ,secretary for ,research and ,technology shall appoint a career ,federal employee to serve as ,research ,ombudsman4 ,this appointment shall not diminish the authority of peer review of research4 7b7 ,qualifications ,the ,research ,ombudsman appointed under subsection 7a71 to the extent practicable-- 7#a7 shall have a background in academic research and a strong understanding of sound study design2 7#b7 shall develop a working knowledge of the stakeholder communities and research needs of the transportation field2 and 7#c7 shall not have served as a political appointee of the ,department4 7c7 ,responsibilities 7#a7 ,addressing complaints and questions ,the ,research ,ombudsman shall-- 7,a7 receive complaints and questions about-- 7i7 significant alleged omissions1 improprieties1 and systemic problems2 and 7ii7 excessive delays of1 or within1 a specific research project2 and 7,b7 evaluate and address the complaints and questions described in subparagraph 7,a74 7#b7 ,petitions 7,a7 ,review ,the ,research ,ombudsman shall review petitions relating to-- 7i7 conflicts of interest2 7ii7 the study design and methodology2 7iii7 assumptions and potential bias2 7iv7 the length of the study2 and 7v7 the composition of any data sampled4 7,b7 ,response to petitions ,the ,research ,ombudsman shall-- 7i7 respond to relevant petitions within a reasonable period2 7ii7 identify deficiencies in the petition's study design2 and 7iii7 propose a remedy for such deficiencies to the administrator of the modal administration responsible for completing the research project4 7,c7 ,response to proposed remedy ,the administrator of the modal agency charged with completing the research project shall respond to the proposed research remedy4 7#c7 ,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 study4 7d7 ,reports 7#a7 ,in general ,upon the completion of each review under subsection 7c71 the ,research ,ombudsman shall-- 7,a7 submit a report containing the results of such review to-- 7i7 the ,secretary2 7ii7 the head of the relevant modal administration2 and 7iii7 the study or research leader2 and 7,b7 publish such results on a public website1 with the modal agency response required under subsection 7c77#b77;,c74 7#b7 ,independence ,each report required under this section shall be provided directly to the individuals described in paragraph 7#a7 without any comment or amendment from the ,secretary1 the ,deputy ,secretary of ,transportation1 the head of any modal administration of the ,department1 or any other officer or employee of the ,department or the ,office of ,management and ,budget4 7e7 ,report to ,inspector ,general ,the ,research ,ombudsman shall submit any evidence of misfeasance1 malfeasance1 waste1 fraud1 or abuse uncovered during a review under this section to the ,inspector ,general for further review4 7f7 ,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 #ge of title #e4 4 7b7 ,technical and conforming amendment ,the table of chapters for subtitle ,,iii is amended by inserting after the item relating to chapter #fc the following3 #fe4,research ombudsman#feja 4 #acje4 ,smart cities transportation planning study 7a7 ,in general ,the ,secretary shall conduct a study of digital technologies and information technologies1 including shared mobility1 data1 transportation network companies1 and on-demand transportation services-- 7#a7 to understand the degree to which cities are adopting these technologies2 7#b7 to assess future planning1 infrastructure and investment needs2 and 7#c7 to provide best practices to plan for smart cities in which information and technology are used-- 7,a7 to improve city operations2 7,b7 to grow the local economy2 7,c7 to improve response in times of emergencies and natural disasters2 and 7,d7 to improve the lives of city residents4 7b7 ,components ,the study conducted under subsection 7a7 shall-- 7#a7 identify broad issues that influence the ability of the ,united ,states to plan for and invest in smart cities1 including barriers to collaboration and access to scientific information2 and 7#b7 review how the expanded use of digital technologies1 mobile devices1 and information may-- 7,a7 enhance the efficiency and effectiveness of existing transportation networks2 7,b7 optimize demand management services2 7,c7 impact low-income and other disadvantaged communities2 7,d7 assess opportunities to share1 collect1 and use data2 7,e7 change current planning and investment strategies2 and 7,f7 provide opportunities for enhanced coordination and planning4 7c7 ,reporting ,not later than #ah months after the date of enactment of this ,act1 the ,secretary shall publish the report containing the results of the study required under subsection 7a7 to a public website4 #acjf4 ,bureau of ,transportation ,statistics independence ,section #fcjb is amended by adding at the end the following3 7d7 ,independence of ,bureau 7#a7 ,in general ,the ,director shall not be required-- 7,a7 to obtain the approval of any other officer or employee of the ,department with respect to the collection or analysis of any information2 or 7,b7 prior to publication1 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 ,director4 7#b7 ,budget authority ,the ,director shall have final authority for the disposition and allocation of the ,bureau's authorized budget1 including-- 7,a7 all hiring1 grants1 cooperative agreements1 and contracts awarded by the ,bureau to carry out this section2 and 7,b7 the disposition and allocation of amounts paid to the ,bureau for cost-reimbursable projects4 7#c7 ,exceptions ,the ,secretary shall direct external support functions1 such as the coordination of activities involving multiple modal administrations4 7#d7 ,information technology ,in consultation with the ,chief ,information ,officer1 the ,director shall have the final authority in decisions regarding information technology in order to protect the confidentiality of information provided solely for statistical purposes1 in accordance with the ,confidential ,information ,protection and ,statistical ,efficiency ,act of #bjjb 7#dd ,u4,s4,c4 #ceja note74 4 #acjg4 ,conforming amendments 7a7 ,title #di amendments 7#a7 ,assistant ,secretaries2 ,general ,counsel ,section #ajb7;e7 is amended-- 7,a7 in paragraph 7#a71 by striking #e and inserting #f2 and 7,b7 in paragraph 7#a77;,a71 by inserting an ,assistant ,secretary for ,research and ,technology1 before and an ,assistant ,secretary4 7#b7 ,office of the ,assistant ,secretary for ,research and ,technology of the ,department of ,transportation ,section #aab is repealed4 7#c7 ,table of contents ,the table of contents of chapter #a is amended by striking the item relating to section #aab4 7#d7 ,research contracts ,section #ccj is amended-- 7,a7 in the section heading1 by striking contracts and inserting activities2 7,b7 in subsection 7a71 by inserting ,in general4-- before ,the ,secretary2 7,c7 in subsection 7b71 by inserting ,responsibilities4-- before ,in carrying out2 7,d7 in subsection 7c71 by inserting ,publications4-- before ,the ,secretary2 and 7,e7 by adding at the end the following3 7d7 ,duties ,the ,secretary shall provide for the following3 7#a7 ,coordination1 facilitation1 and review of the ,department's research and development programs and activities4 7#b7 ,advancement1 and research and development1 of innovative technologies1 including intelligent transportation systems4 7#c7 ,comprehensive transportation statistics research1 analysis1 and reporting4 7#d7 ,education and training in transportation and transportation-related fields4 7#e7 ,activities of the ,volpe ,national ,transportation ,systems ,center4 7e7 ,additional authorities ,the ,secretary may-- 7#a7 enter into grants and cooperative agreements with ,federal agencies1 ,state and local government agencies1 other public entities1 private organizations1 and other persons-- 7,a7 to conduct research into transportation service and infrastructure assurance2 and 7,b7 to carry out other research activities of the ,department2 7#b7 carry out1 on a cost-shared basis1 collaborative research and development to encourage innovative solutions to multimodal transportation problems and stimulate the deployment of new technology with-- 7,a7 non-,federal entities1 including ,state and local governments1 foreign governments1 institutions of higher education1 corporations1 institutions1 partnerships1 sole proprietorships1 and trade associations that are incorporated or established under the laws of any ,state2 7,b7 ,federal laboratories2 and 7,c7 other ,federal agencies2 and 7#c7 directly initiate contracts1 grants1 cooperative research and development agreements 7as defined in section #ab of the ,stevenson-,wydler ,technology ,innovation ,act of #aihj 7#ae ,u4,s4,c4 #cgaj;a771 and other agreements to fund1 and accept funds from1 the ,transportation ,research ,board of the ,national ,research ,council of the ,national ,academy of ,sciences1 ,state departments of transportation1 cities1 counties1 institutions of higher education1 associations1 and the agents of those entities to carry out joint transportation research and technology efforts4 7f7 ,federal share 7#a7 ,in general ,subject to paragraph 7#b71 the ,federal share of the cost of an activity carried out under subsection 7e77#c7 shall not exceed #ej percent4 7#b7 ,exception ,if the ,secretary determines that the activity is of substantial public interest or benefit1 the ,secretary may approve a greater ,federal share4 7#c7 ,non-,federal share ,all costs directly incurred by the non-,federal partners1 including personnel1 travel1 facility1 and hardware development costs1 shall be credited toward the non-,federal share of the cost of an activity described in paragraph 7#a74 7g7 ,program evaluation and oversight ,for fiscal years #bjaf through #bjba1 the ,secretary is authorized to expend not more than #aa_/b 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 coordination1 evaluation1 and oversight of the programs administered under this section4 7h7 ,use of technology ,the research1 development1 or use of a technology under a contract1 grant1 cooperative research and development agreement1 or other agreement entered into under this section1 including the terms under which the technology may be licensed and the resulting royalties may be distributed1 shall be subject to the ,stevenson-,wydler ,technology ,innovation ,act of #aihj 7#ae ,u4,s4,c4 #cgja et seq474 7i7 ,waiver of advertising requirements ,section #faja of title #da shall not apply to a contract1 grant1 or other agreement entered into under this section4 4 7#e7 ,table of contents ,the item relating to section #ccj in the table of contents of chapter #c is amended by striking ,contracts and inserting ,activities4 7#f7 ,bureau of ,transportation ,statistics ,section #fcjb7;a7 is amended to read as follows3 7a7 ,in general ,there shall be within the ,department the ,bureau of ,transportation ,statistics4 4 7b7 ,title #e amendments 7#a7 ,positions at level ,,ii ,section #ecac of title #e1 ,united ,states ,code1 is amended by striking ,under ,secretary of ,transportation for ,security44 7#b7 ,positions at level ,,iii ,section #ecad of title #e1 ,united ,states ,code1 is amended by striking ,administrator1 ,research and ,innovative ,technology ,administration44 7#c7 ,positions at level ,,iv ,section #ecae of title #e1 ,united ,states ,code1 is amended by striking 7#d7 in the undesignated item relating to ,assistant ,secretaries of ,transportation and inserting 7#e74 7#d7 ,positions at level ,v ,section #ecaf is amended by striking ,associate ,deputy ,secretary1 ,department of ,transportation44 #acjh4 ,repeal of obsolete office 7a7 ,in general ,section #eejc is repealed4 7b7 ,table of contents ,the table of contents of chapter #ee is amended by striking the item relating to section #eejc4 ,d ,port ,performance ,act #adja4 ,short title ,this subtitle may be cited as the ,port ,performance ,act4 #adjb4 ,findings ,congress finds the following3 7#a7 ,america's ports play a critical role in the ,nation's transportation supply chain network4 7#b7 ,reliable and efficient movement of goods through the ,nation's ports ensures that ,american goods are available to customers throughout the world4 7#c7 ,breakdowns in the transportation supply chain network1 particularly at the ,nation's ports1 can result in tremendous economic losses for agriculture1 businesses1 and retailers that rely on timely shipments4 7#d7 ,a clear understanding of port productivity and throughput would help-- 7,a7 to identify freight bottlenecks2 7,b7 to indicate performance and trends over time2 and 7,c7 to inform investment decisions4 #adjc4 ,port performance freight statistics program 7a7 ,in general ,chapter #fc is amended by adding at the end the following3 #fcad4 ,port performance freight statistics program 7a7 ,in general ,the ,director shall establish1 on behalf of the ,secretary1 a port performance statistics program to provide nationally consistent measures of performance of-- 7#a7 the ,nation's top #be ports by tonnage2 7#b7 the ,nation's top #be ports by #bj-;foot equivalent unit2 and 7#c7 the ,nation's top #be ports by dry bulk4 7b7 ,annual reports 7#a7 ,port capacity and throughput ,not later than ,january #ae of each year1 the ,director shall submit an annual report to ,congress that includes statistics on capacity and throughput at the ports described in subsection 7a74 7#b7 ,port performance measures ,the ,director shall collect monthly port performance measures for each of the ,united ,states ports referred to in subsection 7a7 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 port1 including-- 7,a7 the total capacity of inbound and outbound cargo1 including containers1 break bulk1 vehicles1 and dry and liquid bulk2 7,b7 the total volume of inbound and outbound cargo1 including containers1 break bulk1 vehicles1 and dry and liquid bulk2 7,c7 the average number of lifts per hour of containers by crane2 7,d7 the average vessel turn time by vessel type2 7,e7 the average cargo or container dwell time2 7,f7 port storage capacity and utilization2 7,g7 the average truck time at ports2 7,h7 the average rail time at ports2 and 7,i7 any additional metrics1 as determined by the ,director after receiving recommendations from the working group established under subsection 7c74 7c7 ,recommendations 7#a7 ,in general ,the ,director shall obtain recommendations for-- 7,a7 specifications and data measurements for the port performance measures listed in subsection 7b77#b72 7,b7 additionally needed data elements for measuring port performance2 and 7,c7 a process for the ,department of ,transportation to collect timely and consistent data1 including identifying safeguards to protect proprietary information described in subsection 7b77#b74 7#b7 ,working group ,not later than #fj days after the date of the enactment of this ,act1 the ,director shall commission a working group composed of-- 7,a7 operating administrations of the ,department of ,transportation2 7,b7 the ,coast ,guard2 7,c7 the ,federal ,maritime ,commission2 7,d7 ,u4,s4 ,customs and ,border ,protection2 7,e7 the ,marine ,transportation ,system ,national ,advisory ,council2 7,f7 the ,army ,corps of ,engineers2 7,g7 the ,saint ,lawrence ,seaway ,development ,corporation2 7,h7 the ,advisory ,committee on ,supply ,chain ,competitiveness2 7,i7 #a representative from the rail industry2 7,j7 #a representative from the trucking industry2 7,k7 #a representative from the port management industry2 7,l7 #a representative from the maritime shipping industry2 7,m7 #a representative from the maritime labor industry2 7,n7 representatives of the ,national ,freight ,advisory ,committee of the ,department2 and 7,o7 representatives of the ,transportation ,research ,board of the ,national ,academies4 7#c7 ,recommendations ,not later than #a year after the date of the enactment of the ,port ,performance ,act1 the working group commissioned under this subsection shall submit its recommendations to the ,director4 7d7 ,access to data ,the ,director shall ensure that the statistics compiled under this section are readily accessible to the public1 consistent with applicable security constraints and confidentiality interests4 4 7b7 ,prohibition on certain disclosures ,section #fcjg7;b77#a7 is amended by inserting or section #fcad7;b7 after section #fcjb7;b77#c77;,b7 each place it appears4 7c7 ,copies of reports ,section #fcjg7;b77#b77;,a7 is amended by inserting or section #fcad7;b7 after section #fcjb7;b77#c77;,b74 7d7 ,technical and conforming amendment ,the table of contents for chapter #fc is amended by adding at the end the following3 #fcad4 ,port performance freight statistics program4 4 #adjd4 ,monthly reports on performance at ,united ,states ports 7a7 ,in general ,not later than #a year before the expiration date of a maritime labor agreement that applies to facilities of a ,united ,states port1 #c months before the expiration date of the maritime labor agreement1 and monthly thereafter until a new agreement is agreed to1 the ,secretary of ,transportation1 in consultation with the ,secretary of ,commerce and the ,secretary of ,labor1 shall submit a report to the ,committee on ,commerce1 ,science1 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 port4 ,if multiple ports are affected by the expiration of the maritime labor agreement1 the ,secretary of ,transportation shall submit a report for each affected port4 7b7 ,contents ,each report required under subsection 7a7 shall include1 for the affected port during the previous month-- 7#a7 the performance indicators listed under section #fcad7;b77#b7 of title #di1 ,united ,states ,code2 7#b7 the number and type of vessels awaiting berthing1 including average wait time2 7#c7 the number of cancelled vessel calls2 7#d7 an estimate of the economic impact associated with any delays both at the port and across the national economy2 7#e7 an estimate of the amount of time required to clear any congestion2 7#f7 the average number of labor positions ordered and filled2 and 7#g7 any other factors that might have created delays1 including weather1 equipment maintenance or failures1 or infrastructure development or repair4 7c7 ,effective period ,the ,secretary of ,transportation1 in consultation with the ,secretary of ,commerce and the ,secretary of ,labor1 shall submit a report required under subsection 7a7 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 agreement4 7d7 ,definition of maritime labor agreement ,in this section1 the term maritime labor agreement has the meaning given such term in section #djajb of title #df1 ,united ,states ,code4 ,,ii ,commercial motor vehicle and driver programs ,a ,compliance1 ,safety1 and ,accountability ,reform ,i ,compliance1 ,safety1 and ,accountability #bjja4 ,correlation study 7a7 ,in general ,the ,administrator of the ,federal ,motor ,carrier ,safety ,administration 7referred to in this part as the ,administrator7 shall commission the ,national ,research ,council of the ,national ,academies to conduct a study of-- 7#a7 the ,safety ,measurement ,system 7referred to in this part as ,,sms72 and 7#b7 the ,compliance1 ,safety1 ,accountability program 7referred to in this part as the ,,csa program74 7b7 ,scope of study ,in carrying out the study commissioned pursuant to subsection 7a71 the ,national ,research ,council-- 7#a7 shall analyze-- 7,a7 the accuracy with which the ,behavior ,analysis and ,safety ,improvement ,categories 7referred to in this part as ,,basic7 safety measures used by ,,sms-- 7i7 identify high risk drivers and carriers2 and 7ii7 predict or be correlated with future crash risk1 crash severity1 or other safety indicators for individual drivers1 motor carriers1 and the highest risk carriers2 7,b7 the methodology used to calculate ,,basic percentiles and identify carriers for enforcement1 including the weights assigned to particular violations1 and the tie between crash risk and specific regulatory violations1 in order to accurately identify and predict future crash risk for motor carriers2 7,c7 the relative value of inspection information and roadside enforcement data2 7,d7 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 program2 and 7,e7 the accuracy of data processing2 and 7#b7 should consider-- 7,a7 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 carriers2 7,b7 whether alternative systems would identify high risk carriers or identify high risk drivers and motor carriers more accurately2 and 7,c7 the recommendations and findings of the ,comptroller ,general of the ,united ,states and the ,inspector ,general1 and independent review team reports issued before the date of the enactment of this ,act4 7c7 ,report ,not later than #ah months after the date of enactment of this ,act1 the ,administrator shall submit a report containing the results of the completed study to-- 7#a7 the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate2 7#b7 the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives2 7#c7 the ,inspector ,general of the ,department of ,transportation2 and 7#d7 the ,comptroller ,general of the ,united ,states4 7d7 ,corrective action plan 7#a7 ,in general ,not later than #abj days after the ,administrator submits a report under subsection 7c7 that identifies a deficiency or opportunity for improvement in the ,,csa program or in any element of ,,sms1 the ,administrator shall submit a corrective action plan to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives that-- 7,a7 responds to the concerns highlighted by the report2 7,b7 identifies how the ,federal ,motor ,carrier ,safety ,administration will address such concerns2 and 7,c7 provides an estimate of the cost1 including changes in staffing1 enforcement1 and data collection necessary to implement the recommendations4 7#b7 ,program reforms ,the corrective action plan submitted under paragraph 7#a7 shall include an implementation plan that-- 7,a7 includes benchmarks2 7,b7 includes programmatic reforms1 revisions to regulations1 or proposals for legislation2 and 7,c7 shall be considered in any rulemaking by the ,department of ,transportation that relates to the ,,csa program1 including the ,,sms data sets or analysis4 7e7 ,inspector general review ,not later than #abj days after the ,administrator issues a corrective action plan under subsection 7d71 the ,inspector ,general of the ,department of ,transportation shall-- 7#a7 review the extent to which such plan implements-- 7,a7 recommendations contained in the report submitted under subsection 7c72 and 7,b7 recommendations issued by the ,comptroller ,general or the ,inspector ,general before the date of enactment of this ,act2 and 7#b7 submit a report to the ,committee on ,commerce1 ,science1 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 7#a74 7f7 ,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 ,act4 #bjjb4 ,safety improvement metrics 7a7 ,in general ,the ,administrator shall incorporate a methodology into the ,,csa program or establish a third-party process to allow recognition1 including credit1 improved score1 or by establishing a safety ,,basic in ,,sms for safety technology1 tools1 programs1 and systems approved by the ,administrator through the qualification process developed under subsection 7b7 that exceed regulatory requirements or are used to enhance safety performance1 including-- 7#a7 the installation of qualifying advanced safety equipment1 such as-- 7,a7 collision mitigation systems2 7,b7 lane departure warnings2 7,c7 speed limiters2 7,d7 electronic logging devices2 7,e7 electronic stability control2 7,f7 critical event recorders2 and 7,g7 strengthening rear guards and sideguards for underride protection2 7#b7 the use of enhanced driver fitness measures that exceed current regulatory requirements1 such as-- 7,a7 additional new driver training2 7,b7 enhanced and ongoing driver training2 and 7,c7 remedial driver training to address specific deficiencies as identified in roadside inspection or enforcement reports2 7#c7 the adoption of qualifying administrative fleet safety management tools technologies1 driver performance and behavior management technologies1 and programs2 and 7#d7 technologies and measures identified through the process described in subsection 7c74 7b7 ,qualification ,the ,administrator1 through notice and comment rulemaking1 shall develop technical or other performance standards for technology1 advanced safety equipment1 enhanced driver fitness measures1 tools1 programs1 or systems used by motor carriers that will qualify for credit under this section4 7c7 ,additional requirements ,in modifying the ,,csa program under subsection 7a71 the ,administrator1 through notice and comment rulemaking1 shall develop a process for identifying and reviewing other technology1 advanced safety equipment1 enhanced driver fitness measures1 tools1 programs1 or systems used by motor carriers to improve safety performance that-- 7#a7 provides for a petition for reviewing technology1 advanced safety equipment1 enhanced driver fitness measures1 tools1 programs1 or systems2 7#b7 seeks input and participation from industry stakeholders1 including drivers1 technology manufacturers1 vehicle manufacturers1 motor carriers1 enforcement communities1 and safety advocates1 and the ,motor ,carrier ,safety ,advisory ,committee2 and 7#c7 includes technology1 advanced safety equipment1 enhanced driver fitness measures1 tools1 programs1 or systems with a date certain for future statutory or regulatory implementation4 7d7 ,safety improvement metrics use and verification ,the ,administrator1 through notice and comment rulemaking1 shall develop a process for-- 7#a7 providing recognition or credit within a motor carrier's ,,sms score for the installation and use of measures in paragraphs 7#a7 through 7#d7 of subsection 7a72 7#b7 ensuring that the safety improvement metrics developed under this section are presented with other ,,sms data2 7#c7 verifying the installation or use of such technology1 advanced safety equipment1 enhanced driver fitness measures1 tools1 programs1 or systems2 7#d7 modifying or removing recognition or credit upon verification of noncompliance with this section2 7#e7 ensuring that the credits or recognition referred to in paragraph 7#a7 reflect the safety improvement anticipated as a result of the installation or use of the specific technology1 advanced safety equipment1 enhanced driver fitness measure1 tool1 program1 or system2 7#f7 verifying the deployment and use of qualifying equipment or management systems by a motor carrier through a certification from the vehicle manufacturer1 the system or service provider1 the insurance carrier1 or through documents submitted by the motor carrier to the ,department of ,transportation2 7#g7 annually reviewing the list of qualifying safety technology1 advanced safety equipment1 enhanced driver fitness measures1 tools1 programs1 or systems2 and 7#h7 removing systems mandated by law or regulation1 or if such systems demonstrate a lack of efficacy1 from the list of qualifying technologies1 advanced safety equipment1 enhanced driver fitness measures1 tools1 programs1 or systems eligible for credit under the ,,csa program4 7e7 ,dissemination of information ,the ,administrator shall maintain a public website that contains information regarding-- 7#a7 the technology1 advanced safety equipment1 enhanced driver fitness measures1 tools1 programs1 or systems eligible for credit and improved scores2 7#b7 any petitions for study of the technology1 advanced safety equipment1 enhanced driver fitness measures1 tools1 programs1 or systems2 and 7#c7 statistics and information relating to the use of such technology1 advanced safety equipment1 enhanced driver fitness measures1 tools1 programs1 or systems4 7f7 ,public report ,not later than #a year after the establishment of the ,safety ,improvement ,metrics ,system 7referred to in this section as ,,sims7 under this section1 and annually thereafter1 the ,administrator shall publish1 on a public website1 a report that identifies-- 7#a7 the types of technology1 advanced safety equipment1 enhanced driver fitness measures1 tools1 programs1 or systems that are eligible for credit2 7#b7 the number of instances in which each technology1 advanced safety equipment1 enhanced driver fitness measure1 tool1 program1 or system is used2 7#c7 the number of motor carriers1 and a description of the carrier's fleet size1 that received recognition or credit under the modified ,,csa program2 and 7#d7 the pre- and post-adoption safety performance of the motor carriers described in paragraph 7#c74 7g7 ,evaluation 7#a7 ,in general ,not later than #b years after the implementation of ,,sims under this section1 the ,administrator shall conduct an evaluation of the effectiveness of ,,sims by reviewing the impacts of ,,sims on-- 7,a7 law enforcement1 commercial drivers and motor carriers1 and motor carrier safety2 and 7,b7 safety and adoption of new technologies4 7#b7 ,report ,not later than #cj months after the implementation of the program1 the ,administrator shall submit a report to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives that describes-- 7,a7 the results of the evaluation conducted under paragraph 7#a72 and 7,b7 the actions the ,federal ,motor ,carrier ,safety ,administration plans to take to modify the demonstration program based on such results4 7h7 ,use of estimates of safety effects ,in conducting regulatory impact analyses for rulemakings relating to the technology1 advanced safety equipment1 enhanced driver fitness measures1 tools1 programs1 or systems selected for credit under the ,,csa program1 the ,administrator1 to the extent practicable1 shall use the data gathered under this section and appropriate statistical methodology1 including sufficient sample sizes1 composition1 and appropriate comparison groups1 including representative motor carriers of all sizes1 to estimate the effects on safety performance and reduction in the number and severity of accidents with qualifying technology1 advanced safety equipment1 tools1 programs1 and systems4 7i7 ,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 vehicle4 #bjjc4 ,data certification 7a7 ,limitation ,beginning not later than #a day after the date of enactment of this ,act1 none of the analysis of violation information1 enforcement prioritization1 not-at-fault crashes1 alerts1 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 7including through requests under section #eeb of title #e1 ,united ,states ,code7 until the ,inspector ,general of the ,department of ,transportation certifies that-- 7#a7 any deficiencies identified in the correlation study required under section #bjja have been addressed2 7#b7 the corrective action plan has been implemented and the concerns raised by the correlation study under section #bjja have been addressed2 7#c7 the ,administrator has fully implemented or satisfactorily addressed the issues raised in the ,february #bjad ,,gao report entitled ,modifying the ,compliance1 ,safety1 ,accountability ,program ,would ,improve the ,ability to ,identify ,high ,risk ,carriers 7,,gao-#ad-aad71 which called into question the accuracy and completeness of safety performance calculations2 7#d7 the study required under section #bjja has been published on a public website2 and 7#e7 the ,,csa program has been modified in accordance with section #bjjb4 7b7 ,limitation on use of ,,sms data ,the analysis of violation information enforcement prioritization1 alerts1 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 7a7 have been satisfied4 7c7 ,exceptions 7#a7 ,in general ,notwithstanding the limitations set forth in subsections 7a7 and 7b7-- 7,a7 the ,federal ,motor ,carrier ,safety ,administration and ,state and local commercial motor vehicle enforcement agencies may only use the information referred to in subsection 7a7 for purposes of investigation and enforcement prioritization2 and 7,b7 motor carriers and commercial motor vehicle drivers may access information referred to in subsection 7a7 that relates directly to the motor carrier or driver1 respectively4 7#b7 ,limitation ,nothing in subparagraphs 7,a7 and 7,b7 of paragraph 7#a7 may be construed to restrict the official use by ,state enforcement agencies of the data collected by ,state enforcement personnel4 7d7 ,certification ,the certification process described in subsection 7a7 shall occur concurrently with the implementation of ,,sims under section #bjjb4 #bjjd4 ,data improvement 7a7 ,functional specifications ,not later than #ahj days after the date of enactment of this ,act1 the ,administrator shall develop functional specifications to ensure the consistent and accurate input of data into systems and databases relating to the ,,csa program4 7b7 ,functionality ,the specifications developed pursuant to subsection 7a7-- 7#a7 shall provide for the hardcoding and smart logic functionality for roadside inspection data collection systems and databases2 and 7#b7 shall be made available to public and private sector developers4 7c7 ,effective data management ,the ,administrator shall ensure that internal systems and databases accept and effectively manage data using uniform standards4 7d7 ,consultation with the ,states ,before implementing the functional specifications described in subsection 7a7 or the standards described in subsection 7c71 the ,administrator shall seek input from the ,state agencies responsible for enforcing section #caajb of title #di1 ,united ,states ,code4 #bjje4 ,accident report information 7a7 ,review ,the ,administrator shall initiate a demonstration program that allows motor carriers and drivers to request a review of crashes1 and the removal of crash data by the ,federal ,motor ,carrier ,safety ,administration of crashes1 and removal from any weighting1 or carrier safety analysis1 if the commercial motor vehicle was operated legally and another motorist in connection with the crash is found-- 7#a7 to have been driving under the influence2 7#b7 to have been driving the wrong direction on a roadway2 7#c7 to have struck the commercial motor vehicle in the rear2 7#d7 to have struck the commercial motor vehicle which was legally stopped2 7#e7 by the investigating officer or agency to have been responsible for the crash2 or 7#f7 to have committed other violations determined by the ,administrator4 7b7 ,documents ,as part of a request for review under subsection 7a71 the motor carrier or driver shall submit a copy of available police reports1 crash investigations1 judicial actions1 insurance claim information1 and any related court actions submitted by each party involved in the accident4 7c7 ,solicitation of other information ,following a notice and comment period1 the ,administrator may solicit other types of information to be collected under subsection 7b7 to facilitate appropriate reviews under this section4 7d7 ,evaluation ,the ,federal ,motor ,carrier ,safety ,administration shall review the information submitted under subsections 7b7 and 7c74 7e7 ,results ,the results of the review under subsection 7a7-- 7#a7 shall be used to recalculate the motor carrier's crash ,,basic percentile2 7#b7 if the carrier is determined to not be responsible for the crash incident1 such information1 shall be reflected on the website of the ,federal ,motor ,carrier ,safety ,administration2 and 7#c7 shall not be admitted as evidence or otherwise used in a civil action4 7f7 ,fee system 7#a7 ,establishment ,the ,administrator may establish a fee system1 in accordance with section #igja of title #ca1 ,united ,states ,code1 in which a motor carrier is charged a fee for each review of a crash requested by such motor carrier under this section4 7#b7 ,disposition of fees ,fees collected under this section-- 7,a7 may be credited to the ,department of ,transportation appropriations account for purpose of carrying out this section2 and 7,b7 shall be used to fully fund the operation of the review program authorized under this section4 7g7 ,review and report ,not earlier than #b years after the establishment of the demonstration program under this section1 the ,administrator shall-- 7#a7 conduct a review of the internal crash review program to determine if other crash types should be included2 and 7#b7 submit a report to ,congress that describes-- 7,a7 the number of crashes reviewed2 7,b7 the number of crashes for which the commercial motor vehicle operator was determined not to be at fault2 and 7,c7 relevant information relating to the program1 including the cost to operate the program and the fee structure established4 #bjjf4 ,post-accident report review 7a7 ,in general ,not later than #abj days after the date of enactment of this ,act1 the ,secretary shall convene a working group-- 7#a7 to review the data elements of post-accident reports1 for tow-away accidents involving commercial motor vehicles1 that are reported to the ,federal ,government2 and 7#b7 to report to the ,secretary its findings and any recommendations1 including best practices for ,state post-accident reports to achieve the data elements described in subsection 7c74 7b7 ,composition ,not less than #ea percent of the working group should be composed of individuals representing the ,states or ,state law enforcement officials4 ,the remaining members of the working group shall represent industry1 labor1 safety advocates1 and other interested parties4 7c7 ,considerations ,the working group shall consider requiring additional data elements1 including-- 7#a7 the primary cause of the accident1 if the primary cause can be determined2 7#b7 the physical characteristics of the commercial motor vehicle and any other vehicle involved in the accident1 including-- 7,a7 the vehicle configuration2 7,b7 the gross vehicle weight if the weight can be readily determined2 7,c7 the number of axles2 and 7,d7 the distance between axles1 if the distance can be readily determined2 and 7#c7 any data elements that could contribute to the appropriate consideration of requests under section #bjje4 7d7 ,report ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall-- 7#a7 review the findings of the working group2 7#b7 identify the best practices for ,state post-accident reports that are reported to the ,federal ,government1 including identifying the data elements that should be collected following a tow-away commercial motor vehicle accident2 and 7#c7 recommend to the ,states the adoption of new data elements to be collected following reportable commercial motor vehicle accidents4 #bjjg4 ,recognizing excellence in safety 7a7 ,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 practices4 7b7 ,restriction ,the program established under subsection 7a7 may not be deemed to be an endorsement of1 or a preference for1 motor carriers or drivers recognized under the program4 #bjjh4 ,high risk carrier reviews 7a7 ,in general ,after the completion of the certification under section #bjjc of this ,act1 and the establishment of the ,safety ,fitness ,determination program1 the ,secretary shall ensure that a review is completed on each motor carrier that demonstrates through performance data that it poses the highest safety risk4 ,at a minimum1 a review shall be conducted whenever a motor carrier is among the highest risk carriers for #d consecutive months4 7b7 ,report ,not later than #ahj days after the completion of the certification under section #bjjc of this ,act and the establishment of the ,safety ,fitness ,determination program1 the ,secretary shall post on a public website a report on the actions the ,secretary has taken to comply with this section1 including the number of high risk carriers identified and the high risk carriers reviewed4 7c7 ,conforming amendment ,section #dach of the ,safe1 ,accountable1 ,flexible1 ,efficient ,transportation ,equity ,act3 ,a ,legacy for ,users 7#di ,u4,s4,c4 #caadd note7 is repealed4 ,,ii ,interim hiring standard #baja4 ,definitions ,in this part3 7#a7 ,entity ,the term entity means a person acting as-- 7,a7 a shipper or a consignee2 7,b7 a broker1 a freight forwarder1 or a household goods freight forwarder 7as such terms are defined in section #acajb of title #di1 ,united ,states ,code72 7,c7 a non-vessel-operating common carrier1 an ocean freight forwarder1 or an ocean transportation intermediary 7as such terms are defined in section #djajb of title #df1 ,united ,states ,code72 7,d7 an indirect air carrier authorized to operate under a ,standard ,security ,program approved by the ,transportation ,security ,administration2 7,e7 a customs broker licensed in accordance with section #aaa4b of title #ai1 ,code of ,federal ,regulations2 7,f7 an interchange motor carrier subject to paragraphs 7#a77;,b7 and 7#b7 of section #acijb7;i72 or 7,g7 a warehouse 7as defined in ,article #g-ajb7ac7 of the ,uniform ,commercial ,code74 7#b7 ,motor carrier ,the term motor carrier means a motor carrier or a household goods motor carrier 7as such terms are defined in section #acajb of title #di1 ,united ,states ,code7 that is subject to ,federal motor carrier financial responsibility and safety regulations4 7#c7 ,state ,the term ,state means each of the #ej ,states1 a political subdivision of any such ,state1 any intrastate agency1 any other political agency of #b or more ,states1 the ,district of ,columbia1 ,american ,samoa1 the ,commonwealth of the ,northern ,mariana ,islands1 the ,commonwealth of ,puerto ,rico1 ,guam1 and the ,virgin ,islands4 #bajb4 ,national hiring standards for motor carriers 7a7 ,national standard ,before tendering a shipment1 but not more than #ce days before the pickup of a shipment by the hired motor carrier1 an entity shall verify that the motor carrier1 at the time of such verification-- 7#a7 is registered with and authorized by the ,federal ,motor ,carrier ,safety ,administration to operate as a motor carrier or household goods motor carrier1 if applicable2 7#b7 has the minimum insurance coverage required by ,federal law2 and 7#c7 7,a7 before the safety fitness determination regulations are issued1 does not have an unsatisfactory safety fitness determination issued by the ,federal ,motor ,carrier ,safety ,administration in force at the time of such verification2 or 7,b7 beginning on the date that safety fitness determination regulations are implemented1 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 7,a74 7b7 ,interim use of data 7#a7 ,in general ,only evidence of an entity's compliance with subsection 7a71 crash data1 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 entity4 7#b7 ,excluded evidence ,all other motor carrier data created or maintained by the ,federal ,motor ,carrier ,safety ,administration1 including safety measurement system data or analysis of such data1 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 negligent4 7#c7 ,cessation of effectiveness ,paragraphs 7#a7 and 7#b7 of this subsection cease to be effective on the date of completion of the certification under section #bjjc of this ,act4 #bajc4 ,applicability ,notwithstanding any other provision of law1 this part shall not apply to any motor carrier transportation contract entered into before the date of enactment of this ,act4 ,b ,drug ,free ,commercial ,driver ,act of #bjae #bbja4 ,short title ,this subtitle may be cited as the ,drug ,free ,commercial ,driver ,act of #bjae4 #bbjb4 ,authorization of hair testing ,section #cacjf is amended-- 7#a7 in subsection 7b77#a7-- 7,a7 by redesignating subparagraph 7,b7 as subparagraph 7,c72 and 7,b7 in subparagraph 7,a71 by striking ,the regulations shall permit such motor carriers to conduct preemployment testing of such employees for the use of alcohol4 and inserting the following3 7,b7 ,the regulations prescribed under subparagraph 7,a7 shall permit motor carriers-- 7i7 to conduct preemployment testing of commercial motor vehicle operators for the use of alcohol2 and 7ii7 to use hair testing as an acceptable alternative to urinalysis-- 7,i7 in conducting preemployment screening for the use of a controlled substance2 and 7,,ii7 in conducting random screening for the use of a controlled substance by individuals who were subject to preemployment screening4 2 and 7#b7 in subsection 7c77#b7-- 7,a7 in subparagraph 7,b71 by striking and at the end2 7,b7 in subparagraph 7,c71 by inserting and after the semicolon2 and 7,c7 by adding at the end the following3 7,d7 laboratory protocols and cut-off levels for hair testing to detect the use of a controlled substance2 4 #bbjc4 ,exemption from mandatory urinalysis 7a7 ,in general ,any motor carrier that demonstrates1 to the satisfaction of the ,administrator of the ,federal ,motor ,carrier ,safety ,administration1 that it can carry out an applicable hair testing program1 consistent with generally accepted industry standards1 to detect the use of a controlled substance by commercial motor vehicle operators1 may apply to the ,administrator for an exemption from the mandatory urinalysis testing requirements set forth in subpart ,c of part #chb of title #di1 ,code of ,federal ,regulations1 until a final rule is issued implementing the amendments made by section #bbjb of this ,act4 7b7 ,evaluation of applications 7#a7 ,in general ,in evaluating an application for an exemption under subsection 7a71 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 #a year4 7#b7 ,requirements ,a testing program may not receive an exemption under subsection 7a7 unless the applicable testing laboratories-- 7,a7 have obtained laboratory accreditation specific to hair testing from an accrediting body1 compliant with international or other ,federal standards as appropriate1 such as the ,college of ,american ,pathologists2 and 7,b7 utilize hair testing assays that have been cleared by the ,food and ,drug ,administration under section #eaj7k7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cfj7k774 7c7 ,reporting requirement ,any motor carrier that is granted an exemption under subsection 7a7 shall submit records to the national clearinghouse established under section #cacjf;a of title #di1 ,united ,states ,code1 relating to all positive test results and test refusals from the hair testing program described in that subsection4 #bbjd4 ,guidelines for hair testing ,not later than #a year after the date of enactment of this ,act1 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 #cacjf of title #di1 ,united ,states ,code1 as amended by section #bbjb of this ,act4 ,when issuing the scientific and technical guidelines1 the ,secretary of ,health and ,human ,services may consider differentiating between exposure to and usage of various controlled substances4 #bbje4 ,annual report to ,congress ,not later than #a year after the date of enactment of this ,act1 and annually thereafter for #e years1 the ,secretary of ,transportation shall submit a report to ,congress that-- 7#a7 summarizes the results of preemployment and random drug testing using both hair testing and urinalysis2 7#b7 evaluates the efficacy of each method2 and 7#c7 determines which method provides the most accurate means of detecting the use of controlled substances over time4 ,c ,transparency and accountability #bcja4 ,rulemaking requirements 7a7 ,in general ,not later than #b years after the date of enactment of this ,act1 if the ,secretary determines that a significant number of crashes are not covered by the current minimum insurance requirements1 the ,secretary shall commence a rulemaking to determine whether to increase the minimum levels of financial responsibility required under section #caaci of title #di1 ,united ,states ,code1 for a motor carrier to transport property4 7b7 ,considerations ,in considering a notice of proposed rulemaking or final rule to increase the minimum levels of financial responsibility under subsection 7a71 the ,secretary shall identify and consider-- 7#a7 current ,state insurance requirements2 7#b7 the differences between the ,state insurance requirements identified under paragraph 7#a7 and ,federal requirements2 7#c7 the amount of an insurance claim at the current minimum levels of financial responsibility that is applied toward-- 7,a7 medical care2 7,b7 compensation2 7,c7 attorney fees2 or 7,d7 other identifiable costs of a claim2 and 7#d7 the frequency in which an insurance claim exceeds the current minimum levels of financial responsibility1 including1 to the extent practicable1 unsealed verdicts and settlements4 7c7 ,rulemaking ,if the ,secretary commences a rulemaking under subsection 7a71 the ,secretary shall include in the rulemaking-- 7#a7 an estimate of the regulations impact on-- 7,a7 the safety of motor vehicle transportation2 7,b7 the economic condition of the motor carrier industry1 including small and minority motor carriers and independent owner-operators2 7,c7 the ability of the insurance industry to provide the required amount of insurance2 and 7,d7 the ability of the minimum insurance level to cover the full cost of injuries1 compensatory damages1 and fatalities2 and 7#b7 an estimate of the effects an increase in the minimum levels of financial responsibility would have on-- 7,a7 small motor carriers2 7,b7 insurance premiums for motor carriers1 including small and minority motor carriers and independent owner-operators2 and 7,c7 the availability of insurance to meet the minimum levels of financial responsibility4 #bcjb4 ,petitions for regulatory relief 7a7 ,applications for regulatory relief ,notwithstanding subpart ,c of part #cha of title #di1 ,code of ,federal ,regulations1 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 #cie of title #di1 ,code of ,federal ,regulations1 for commercial motor vehicle drivers4 7b7 ,review process 7#a7 ,in general ,the ,secretary shall establish the procedures for the application for and the review of an exemption under subsection 7a74 7#b7 ,publication ,not later than #cj days after the date of receipt of an application for an exemption1 the ,secretary shall publish the application in the ,federal ,register and provide the public with an opportunity to comment4 7#c7 ,public comment 7,a7 ,in general ,each application shall be available for public comment for a #cj-;day period1 but the ,secretary may extend the opportunity for public comment to #fj days if it is a significant or complex request4 7,b7 ,review ,beginning on the date that the public comment period under subparagraph 7,a7 ends1 the ,secretary shall have #fj days to review all of the comments received4 7#d7 ,determination ,at the end of the #fj-;day period under paragraph 7#c77;,b71 the ,secretary shall publish a determination in the ,federal ,register1 including-- 7,a7 the reason for granting or denying the application2 and 7,b7 if the application is granted-- 7i7 the specific class of persons eligible for the exemption2 7ii7 each provision of the regulations to which the exemption applies2 and 7iii7 any conditions or limitations applied to the exemption4 7#e7 ,considerations ,in making a determination whether to grant or deny an application for an exemption1 the ,secretary shall consider the safety impacts of the request and may provide appropriate conditions or limitations on the use of the exemption4 7c7 ,opportunity for resubmission ,if an application is denied and the applicant can reasonably address the reason for the denial1 the ,secretary may allow the motor carrier to resubmit the application4 7d7 ,period of applicability 7#a7 ,in general ,except as provided in paragraph 7#b7 of this subsection and subsection 7f71 each exemption granted under this section shall be valid for a period of #e years unless the ,secretary identifies a compelling reason for a shorter exemption period4 7#b7 ,renewal ,at the end of the #e-year period under paragraph 7#a7-- 7,a7 the ,secretary1 at the ,secretary's discretion1 may renew the exemption for an additional #e-year period2 or 7,b7 an applicant may apply under subsection 7a7 for a permanent exemption from each applicable provision of the regulations4 7e7 ,limitation ,no exemption under this section may be granted to or used by any motor carrier that has an unsatisfactory safety fitness determination4 7f7 ,permanent exemptions 7#a7 ,in general ,the ,secretary shall make permanent the following limited exceptions3 7,a7 ,department of ,defense ,military ,surface ,deployment and ,distribution ,command transport of weapons1 munitions1 and sensitive classified cargo as published in the ,federal ,register ,volume #hj on ,april #af1 #bjae 7#hj ,fed4 ,reg4 #bjeef74 7,b7 ,department of ,energy transport of security-sensitive radioactive materials as published in the ,federal ,register ,volume #hj on ,june #bb1 #bjae 7#hj ,fed4 ,reg4 #cegjc74 7,c7 ,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 #hj on ,may #a1 #bjae 7#hj ,fed4 ,reg4 #bejjd74 7,d7 ,perishable construction products as published in the ,federal ,register1 ,volume #hj on ,april #b1 #bjae 7#hj ,fed4 ,reg4 #aghai74 7,e7 ,passenger vehicle record of duty status change as published in the ,federal ,register ,volume #hj on ,june #d1 #bjae 7#hj ,fed4 ,reg4 #caifa74 7,f7 ,transport of commercial bee hives as published in the ,federal ,register ,volume #hj on ,june #ai1 #bjah 7#hj ,fed4 ,reg4 #cedbe74 7,g7 ,all specialized carriers and drivers responsible for transporting loads requiring special permits as published in the ,federal ,register ,volume #hj on ,june #ah1 #bjae 7#hj ,fed4 ,reg4 #cdieg74 7,h7 ,safe transport of livestock as published in the ,federal ,register ,volume #hj on ,june #ab1 #bjae 7#hj ,fed4 ,reg4 #ccehd74 7#b7 ,additional exemptions ,the ,secretary may make any temporary exemption from any provision of the regulations under part #cie of title #di1 ,code of ,federal ,regulations1 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 safety4 ,the ,secretary shall provide public notice and comment on a list of the additional provisions to be made permanent under this paragraph4 #bcjc4 ,inspector standards ,not later than #ij days after the date of enactment of this ,act1 the ,administrator of the ,federal ,motor ,carrier ,safety ,administration shall revise the regulations under part #che of title #di1 ,code of ,federal ,regulations1 as necessary1 to incorporate by reference the certification standards for roadside inspectors issued by the ,commercial ,vehicle ,safety ,alliance4 #bcjd4 ,technology improvements 7a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,government ,accountability ,office shall conduct a comprehensive analysis on the ,federal ,motor ,carrier ,safety ,administration's information technology and data collection and management systems4 7b7 ,requirements ,the study conducted under subsection 7a7 shall-- 7#a7 evaluate the efficacy of the existing information technology1 data collection1 processing systems1 and data management systems and programs1 including their interaction with each other and their efficacy in meeting user needs2 7#b7 identify any redundancies among the systems and programs described in paragraph 7#a72 7#c7 explore the feasibility of consolidating data collection and processing systems2 7#d7 evaluate the ability of the systems and programs described in paragraph 7#a7 to meet the needs of-- 7,a7 the ,federal ,motor ,carrier ,safety ,administration1 at both the headquarters and ,state level2 7,b7 the ,state agencies that implement the ,motor ,carrier ,safety ,assistance ,program under section #caajb of title #di1 ,united ,states ,code2 and 7,c7 other users2 7#e7 evaluate the adaptability of the systems and programs described in paragraph 7#a71 in order to make necessary future changes to ensure user needs are met in an easier1 timely1 and more cost efficient manner2 7#f7 investigate and make recommendations regarding-- 7,a7 deficiencies in existing data sets impacting program effectiveness2 and 7,b7 methods to improve any and all user interfaces2 and 7#g7 evaluate the appropriate role the ,federal ,motor ,carrier ,safety ,administration should take with respect to software and information systems design1 development1 and maintenance for the purpose of improving the efficacy of the systems and programs described in paragraph 7#a74 ,d ,trucking rules updated by comprehensive and key safety reform #bdja4 ,update on statutory requirements 7a7 ,in general ,not later than #ij days after the date of enactment of this ,act1 and every #ij days thereafter until a final rule has been issued for each of the requirements described under paragraphs 7#a7 through 7#e71 the ,administrator of the ,federal ,motor ,carrier ,safety ,administration shall submit to the ,committee on ,commerce1 ,science1 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-- 7#a7 the minimum entry-level training requirements for an individual operating a commercial motor vehicle under section #cacje7;c7 of title #di1 ,united ,states ,code2 7#b7 motor carrier safety fitness determinations2 7#c7 visibility of agricultural equipment under section #cafja of division ,c of the ,moving ,ahead for ,progress in the #bast ,century ,act 7#di ,u4,s4,c4 #cjaaa note72 7#d7 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 #cie of title #di1 ,code of ,federal ,regulations1 be equipped with an electronic control module capable of limiting the maximum speed of the vehicle2 and 7#e7 any outstanding commercial motor vehicle safety regulation required by law and incomplete for more than #b years4 7b7 ,contents ,each report under subsection 7a7 shall include a description of the work plan1 an updated rulemaking timeline1 current staff allocations1 any resource constraints1 and any other details associated with the development of the rulemaking4 #bdjb4 ,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 rulemaking4 #bdjc4 ,guidance reform 7a7 ,guidance 7#a7 ,point of contact ,each guidance document1 other than a regulatory action1 issued by the ,federal ,motor ,carrier ,safety ,administration shall have a date of publication or a date of revision1 as applicable1 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 guidance4 7#b7 ,public accessibility 7,a7 ,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 issuance4 7,b7 ,redaction ,the ,administrator of the ,federal ,motor ,carrier ,safety ,administration may redact from a guidance document or interpretation under subparagraph 7,a7 any information that would reveal investigative techniques that would compromise ,federal ,motor ,carrier ,safety ,administration enforcement efforts4 7#c7 ,rulemaking ,not later than #e years after the date that a guidance document is published under paragraph 7#b7 or during the comprehensive review under subsection 7c71 whichever is earlier1 the ,secretary1 in consultation with the ,administrator1 shall revise the applicable regulations to incorporate the guidance document to the extent practicable4 7#d7 ,reissuance ,if a guidance document is not incorporated into the applicable regulations under paragraph 7#c71 the ,secretary shall-- 7,a7 reissue an updated guidance document2 and 7,b7 review and reissue an updated guidance document every #e years during the comprehensive review process under subsection 7c7 until the date that the guidance document is removed or incorporated into the applicable regulations under paragraph 7#c7 of this subsection4 7b7 ,update ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall review regulations1 guidance1 and enforcement policies published on the ,department of ,transportation's public website to ensure the regulations1 guidance1 and enforcement policies are current1 readily accessible to the public1 and meet the standards under subsection 7c77#a74 7c7 ,review 7#a7 ,in general ,subject to paragraph 7#b71 not less than once every #e years1 the ,administrator of the ,federal ,motor ,carrier ,safety ,administration shall conduct a comprehensive review of its guidance and enforcement policies to determine whether-- 7,a7 the guidance and enforcement policies are consistent and clear2 7,b7 uniformly and consistently enforceable2 and 7,c7 guidance is still necessary4 7#b7 ,notice and comment ,prior to beginning the review1 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 eliminated4 7#c7 ,report ,not later than #fj days after the date that a review under paragraph 7#a7 is complete1 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 policies4 #bdjd4 ,petitions 7a7 ,in general ,the ,administrator of the ,federal ,motor ,carrier ,safety ,administration shall-- 7#a7 publish in the ,federal ,register or on the ,department of ,transportation's public website all petitions for regulatory action submitted2 7#b7 prioritize stakeholder petitions based on the likelihood of providing safety improvements2 7#c7 formally respond to each petition by indicating whether the ,administrator will accept1 deny1 or further review1 the petition not later than #ahj days after the date the petition is petition is published under paragraph 7#a72 7#d7 prioritize resulting actions consistent with an action's potential to reduce crashes1 improve enforcement1 and reduce unnecessary burdens2 and 7#e7 publish1 and update as necessary1 on the ,department of ,transportation's public website an inventory of each petition described in paragraph 7#a71 including any applicable disposition information for that petition4 7b7 ,definition of petition ,in this section1 the term petition means a request for new regulations1 regulatory interpretations or clarifications1 or retrospective review of regulations to eliminate or modify obsolete1 ineffective1 or overly burdensome rules4 #bdje4 ,regulatory reform 7a7 ,regulatory impact analysis 7#a7 ,in general ,within each regulatory impact analysis of a proposed or final rule issued by the ,federal ,motor ,carrier ,safety ,administration1 the ,secretary shall-- 7,a7 consider effects of the proposed or final rule on a carrier with differing characteristics2 and 7,b7 formulate estimates and findings on the best available science4 7#b7 ,scope ,to the extent feasible and appropriate1 and consistent with law1 the analysis described in paragraph 7#a7 shall-- 7,a7 use data generated from a representative sample of commercial vehicle operators1 motor carriers1 or both1 that will be covered under the proposed or final rule2 and 7,b7 consider effects on commercial truck and bus carriers of various sizes and types4 7b7 ,public participation 7#a7 ,in general ,before promulgating a proposed rule under subtitle ,,vi of title #di1 ,united ,states ,code1 if the proposed rule is likely to lead to the promulgation of a major rule the ,secretary shall-- 7,a7 issue an advance notice of proposed rulemaking2 or 7,b7 determine to proceed with a negotiated rulemaking4 7#b7 ,requirements ,each advance notice of proposed rulemaking issued under paragraph 7#a7 shall-- 7,a7 identify the compelling public concern for a potential regulatory action1 such as failures of private markets to protect or improve the safety of the public1 the environment1 or the well-being of the ,american people2 7,b7 identify and request public comment on the best available science or technical information on the need for regulatory action and on the potential regulatory alternatives2 7,c7 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 rulemaking2 and 7,d7 request public comment on the available alternatives to direct regulation1 including providing economic incentives to encourage the desired behavior4 7#c7 ,waiver ,this subsection shall not apply when the ,secretary1 for good cause1 finds 7and incorporates the finding and a brief statement of reasons for such finding in the proposed or final rule7 an advance notice of proposed rulemaking impracticable1 unnecessary1 or contrary to the public interest4 7c7 ,savings clause ,nothing in this section may be construed to limit the contents of any ,advance ,notice of ,proposed ,rulemaking4 ,e ,state authorities #beja4 ,emergency route working group 7a7 ,in general 7#a7 ,establishment ,not later than #a year after the date of enactment of this ,act1 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 recovery4 7#b7 ,members ,the working group shall include representatives from-- 7,a7 ,state highway transportation departments or agencies2 7,b7 relevant modal agencies within the ,department of ,transportation2 7,c7 emergency response or recovery experts2 7,d7 relevant safety groups2 and 7,e7 persons affected by special permit restrictions during emergency response and recovery efforts4 7b7 ,considerations ,in determining best practices under subsection 7a71 the working group shall consider whether-- 7#a7 hurdles currently exist that prevent the expedient ,state approval for special permits for vehicles involved in emergency response and recovery2 7#b7 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 emergency2 7#c7 a ,state could pre-designate an emergency route identified under paragraph 7#a7 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 recovery2 and 7#d7 an online map could be created to identify each pre-designated emergency route under paragraph 7#b71 including information on specific limitations1 obligations1 and notification requirements along that route4 7c7 ,report ,not later than #a year after the date of enactment of this ,act1 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 recovery4 ,upon receipt1 the ,secretary shall publish the report on a public website4 7d7 ,federal ,advisory ,committee ,act exemption ,the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app47 shall not apply to the working group established under this section4 #bejb4 ,additional ,state authority ,notwithstanding any other provision of law1 not later than #ahj days after the date of enactment of this ,act1 any ,state impacted by section #djjf of the ,intermodal ,surface ,transportation ,efficiency ,act of #aiia 7,public ,law #ajb-bdj2 #aje ,stat4 #badh7 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 #e percent and the change is expected to increase safety performance4 #bejc4 ,commercial driver access 7a7 ,interstate ,compact pilot program 7#a7 ,in general ,the ,administrator of the ,federal ,motor ,carrier ,safety ,administration shall establish a #f-year pilot program to study the feasibility1 benefits1 and safety impacts of allowing a licensed driver between the ages of #ah and #ba to operate a commercial motor vehicle in interstate commerce4 7#b7 ,interstate ,compacts ,the ,secretary shall allow ,states1 including the ,district of ,columbia1 to enter into an interstate compact with contiguous ,states to allow a licensed driver between the ages of #ah and #ba to operate a motor vehicle across the applicable ,state lines4 ,the ,secretary shall approve as many as #f interstate compacts1 with no limit on the number of ,states participating in each interstate compact4 7#c7 ,mutual recognition of licenses ,a valid intrastate commercial driver's licenses issued by a ,state participating in an interstate compact under paragraph 7#b7 shall be recognized as valid in each ,state that is participating in that interstate compact4 7#d7 ,standards ,in developing an interstate compact under this subsection1 participating ,states shall provide for minimum licensure standards acceptable for interstate travel under this section1 which may include1 for a licensed driver between the ages of #ah and #ba participating in the pilot program-- 7,a7 age restrictions2 7,b7 distance from origin 7measured in air miles72 7,c7 reporting requirements2 or 7,d7 additional hours of service restrictions4 7#e7 ,limitations ,an interstate compact under paragraph 7#b7 may not permit special configuration or hazardous cargo operations to be transported by a licensed driver under the age of #ba4 7#f7 ,additional requirements ,the ,secretary may-- 7,a7 prescribe such additional requirements1 including training1 for a licensed driver between the ages of #ah and #ba participating in the pilot program as the ,secretary considers necessary2 and 7,b7 provide risk mitigation restrictions and limitations4 7b7 ,approval ,an interstate compact under subsection 7a77#b7 may not go into effect until it has been approved by the governor of each ,state 7or the ,mayor of the ,district of ,columbia1 if applicable7 that is a party to the interstate compact1 after consultation with the ,secretary of ,transportation and the ,administrator of the ,federal ,motor ,carrier ,safety ,administration4 7c7 ,report ,not earlier than #d years after the date the test program is established1 the ,secretary shall submit to ,congress a report containing the findings of the pilot program1 a determination of whether a licensed driver between the ages of #ah and #ba can operate a commercial motor vehicle in interstate commerce with an equivalent level of safety1 and the reasons for that determination4 ,f ,motor carrier safety grant consolidation #bfja4 ,definitions 7a7 ,in general ,section #caaja is amended-- 7#a7 by redesignating paragraph 7#d7 as paragraph 7#e72 and 7#b7 by inserting after paragraph 7#c7 the following3 7#d7 ,secretary means the ,secretary of ,transportation4 4 7b7 ,technical and conforming amendments ,section #caaja1 as amended by subsection 7a71 is amended-- 7#a7 in paragraph 7#a77;,b71 by inserting a comma after passengers2 and 7#b7 in paragraph 7#a77;,c71 by striking of ,transportation4 #bfjb4 ,grants to ,states 7a7 ,motor ,carrier ,safety ,assistance ,program ,section #caajb is amended to read as follows3 #caajb4 ,motor ,carrier ,safety ,assistance ,program 7a7 ,in general ,the ,secretary shall administer a motor carrier safety assistance program funded under section #caajd4 7b7 ,goal ,the goal of the program is to ensure that the ,secretary1 ,states1 local governments1 other political jurisdictions1 federally recognized ,indian tribes1 and other persons work in partnership to establish programs to improve motor carrier1 commercial motor vehicle1 and driver safety to support a safe and efficient surface transportation system-- 7#a7 by making targeted investments to promote safe commercial motor vehicle transportation1 including the transportation of passengers and hazardous materials2 7#b7 by investing in activities likely to generate maximum reductions in the number and severity of commercial motor vehicle crashes and fatalities resulting from such crashes2 7#c7 by adopting and enforcing effective motor carrier1 commercial motor vehicle1 and driver safety regulations and practices consistent with ,federal requirements2 and 7#d7 by assessing and improving statewide performance by setting program goals and meeting performance standards1 measures1 and benchmarks4 7c7 ,state plans 7#a7 ,in general ,the ,secretary shall prescribe procedures for a ,state to submit a multiple-year plan1 and annual updates thereto1 under which the ,state agrees to assume responsibility for improving motor carrier safety1 adopting and enforcing compatible regulations1 standards1 and orders of the ,federal ,government on commercial motor vehicle safety and hazardous materials transportation safety4 7#b7 ,contents ,the ,secretary shall approve a plan if the ,secretary determines that the plan is adequate to comply with the requirements of this section1 and the plan-- 7,a7 implements performance-based activities1 including deployment and maintenance of technology to enhance the efficiency and effectiveness of commercial motor vehicle safety programs2 7,b7 designates a lead ,state commercial motor vehicle safety agency responsible for administering the plan throughout the ,state2 7,c7 contains satisfactory assurances that the lead ,state commercial motor vehicle safety agency has or will have the legal authority1 resources1 and qualified personnel necessary to enforce the regulations1 standards1 and orders2 7,d7 contains satisfactory assurances that the ,state will devote adequate resources to the administration of the plan and enforcement of the regulations1 standards1 and orders2 7,e7 provides a right of entry and inspection to carry out the plan2 7,f7 provides that all reports required under this section be available to the ,secretary on request2 7,g7 provides that the lead ,state commercial motor vehicle safety agency will adopt the reporting requirements and use the forms for recordkeeping1 inspections1 and investigations that the ,secretary prescribes2 7,h7 requires all registrants of commercial motor vehicles to demonstrate knowledge of applicable safety regulations1 standards1 and orders of the ,federal ,government and the ,state2 7,i7 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 vehicles2 7,j7 ensures that activities described in subsection 7h71 if financed through grants to the ,state made under this section1 will not diminish the effectiveness of the development and implementation of the programs to improve motor carrier1 commercial motor vehicle1 and driver safety as described in subsection 7b72 7,k7 ensures that the lead ,state commercial motor vehicle safety agency will coordinate the plan1 data collection1 and information systems with the ,state highway safety improvement program required under section #adh7;c7 of title #bc2 7,l7 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 funding2 7,m7 ensures that information is exchanged among the ,states in a timely manner2 7,n7 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 safety2 7,o7 provides satisfactory assurances in the plan that the ,state will address national priorities and performance goals1 including-- 7i7 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 equipment2 7ii7 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 substances2 and 7iii7 when conducted with an appropriate commercial motor vehicle inspection1 criminal interdiction activities1 and appropriate strategies for carrying out those interdiction activities1 including interdiction activities that affect the transportation of controlled substances 7as defined under section #ajb of the ,comprehensive ,drug ,abuse ,prevention and ,control ,act of #aigj 7#ba ,u4,s4,c4 #hjb7 and listed in part #acjh of title #ba1 ,code of ,federal ,regulations1 as updated and republished from time to time7 by any occupant of a commercial motor vehicle2 7,p7 provides that the ,state has established and dedicated sufficient resources to a program to ensure that-- 7i7 the ,state collects and reports to the ,secretary accurate1 complete1 and timely motor carrier safety data2 and 7ii7 the ,state participates in a national motor carrier safety data correction system prescribed by the ,secretary2 7,q7 ensures that the ,state will cooperate in the enforcement of financial responsibility requirements under sections #acijf1 #caach1 and #caaci of this title1 and regulations issued under these sections2 7,r7 ensures consistent1 effective1 and reasonable sanctions2 7,s7 ensures that roadside inspections will be conducted at locations that are adequate to protect the safety of drivers and enforcement personnel2 7,t7 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 vehicles2 7,u7 provides that the ,state will enforce the registration requirements of sections #acijb and #caacd 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 registration2 7,v7 provides that the ,state will conduct comprehensive and highly visible traffic enforcement and commercial motor vehicle safety inspection programs in high-risk locations and corridors2 7,w7 except in the case of an imminent hazard or obvious safety hazard1 ensures that an inspection of a vehicle transporting passengers for a motor carrier of passengers is conducted at a station1 including a weight station1 terminal1 border crossing1 maintenance facility1 destination1 or other location where adequate food1 shelter1 and sanitation facilities are available for passengers1 and reasonable accommodations are available for passengers with disabilities2 7,x7 ensures that the ,state will transmit to its roadside inspectors the notice of each ,federal exemption granted under section #cacae7;b7 of this title and sections #cij4bc and #cij4be of title #di of the ,code of ,federal ,regulations and provided to the ,state by the ,secretary1 including the name of the person granted the exemption and any terms and conditions that apply to the exemption2 7,y7 except as provided in subsection 7d71 provides that the ,state-- 7i7 will conduct safety audits of interstate and1 at the ,state's discretion1 intrastate new entrant motor carriers under section #caadd7;g7 of this title2 and 7ii7 if the ,state authorizes a third party to conduct safety audits under section #caadd7;g7 on its behalf1 the ,state verifies the quality of the work conducted and remains solely responsible for the management and oversight of the activities2 7,z7 provides that the ,state agrees to fully participate in the performance and registration information system management under section #caajf7;b7 not later than ,october #a1 #bjbj1 by complying with the conditions for participation under paragraph 7#c7 of that section2 7,,aa7 provides that a ,state that shares a land border with another country-- 7i7 will conduct a border commercial motor vehicle safety program focusing on international commerce that includes enforcement and related projects2 or 7ii7 will forfeit all funds calculated by the ,secretary based on border-related activities if the ,state declines to conduct the program described in clause 7i7 in its plan2 and 7,,bb7 provides that a ,state that meets the other requirements of this section and agrees to comply with the requirements established in subsection 7l77#c7 may fund deployment1 operation1 and maintenance costs associated with innovative technology deployment under subsection 7l77#c7 with ,motor ,carrier ,safety ,assistance ,program funds authorized under section #caajd7;a77#a74 7#c7 ,publication 7,a7 ,in general ,subject to subparagraph 7,b71 the ,secretary shall publish each approved ,state multiple-year plan1 and each annual update thereto1 on the ,department of ,transportation's public website not later than #cj days after the date the ,secretary approves the plan or update4 7,b7 ,limitation ,before posting an approved ,state multiple-year plan or annual update under subparagraph 7,a71 the ,secretary shall redact any information identified by the ,state that1 if disclosed-- 7i7 would reasonably be expected to interfere with enforcement proceedings2 or 7ii7 would reveal enforcement techniques or procedures that would reasonable by expected to risk circumvention of the law4 7d7 ,exclusion of ,u4,s4 territories ,the requirement that a ,state conduct safety audits of new entrant motor carriers under subsection 7c77#b77,y7 does not apply to a territory of the ,united ,states unless required by the ,secretary4 7e7 ,intrastate compatibility ,the ,secretary shall prescribe regulations specifying tolerance guidelines and standards for ensuring compatibility of intrastate commercial motor vehicle safety laws1 including regulations1 with ,federal motor carrier safety regulations to be enforced under subsections 7b7 and 7c74 ,to the extent practicable1 the guidelines and standards shall allow for maximum flexibility while ensuring a degree of uniformity that will not diminish motor vehicle safety4 7f7 ,maintenance of effort 7#a7 ,baseline ,except as provided under paragraphs 7#b7 and 7#c7 and in accordance with section #bfjh of the ,comprehensive ,transportation and ,consumer ,protection ,act of #bjae1 a ,state plan under subsection 7c7 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-- 7,a7 the average level of that expenditure for fiscal years #bjjd and #bjje2 or 7,b7 the level of that expenditure for the year in which the ,secretary implements a new allocation formula under section #bfjh of the ,comprehensive ,transportation and ,consumer ,protection ,act of #bjae4 7#b7 ,adjusted baseline after fiscal year #bjag ,at the request of a ,state1 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 #bjag1 and this adjusted baseline will replace the maintenance of effort requirement under paragraph 7#a74 7#c7 ,waivers ,at the request of a ,state1 the ,secretary may waive or modify the requirements of this subsection for #a fiscal year if the ,secretary determines that a waiver or modification is reasonable1 based on circumstances described by the ,state1 to ensure the continuation of commercial motor vehicle enforcement activities in the ,state4 7#d7 ,level of ,state expenditures ,in estimating the average level of ,state expenditure under paragraph 7#a71 the ,secretary-- 7,a7 may allow the ,state to exclude ,state expenditures for federally sponsored demonstration and pilot programs and strike forces2 7,b7 may allow the ,state to exclude expenditures for activities related to border enforcement and new entrant safety audits2 and 7,c7 shall require the ,state to exclude ,state matching amounts used to receive ,federal financing under section #caajd4 7g7 ,use of unified carrier registration fees agreement ,amounts generated under section #adejd;a 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 #caajd of this title or maintenance of effort required by subsection 7f74 7h7 ,use of grants ,to enforce other laws ,when approved in the ,states' plan under subsection 7c71 a ,state may use ,motor ,carrier ,safety ,assistance ,program funds received under this section-- 7#a7 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 regulations1 for-- 7,a7 enforcement of commercial motor vehicle size and weight limitations at locations1 excluding fixed weight facilities1 such as near steep grades or mountainous terrains1 where the weight of a commercial motor vehicle can significantly affect the safe operation of the vehicle1 or at ports where intermodal shipping containers enter and leave the ,united ,states2 and 7,b7 detection of and enforcement actions taken as a result of criminal activity1 including the trafficking of human beings1 in a commercial motor vehicle or by any occupant1 including the operator1 of the commercial motor vehicle2 7#b7 for documented enforcement of ,state traffic laws and regulations designed to promote the safe operation of commercial motor vehicles1 including documented enforcement of such laws and regulations relating to noncommercial motor vehicles when necessary to promote the safe operation of commercial motor vehicles1 if-- 7,a7 the number of motor carrier safety activities1 including roadside safety inspections1 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 #bjjd and #bjje2 and 7,b7 the ,state does not use more than #aj percent of the basic amount the ,state receives under a grant awarded under section #caajd7;a77#a7 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 safety2 and 7#c7 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 regulations4 7i7 ,evaluation of plans and award of grants 7#a7 ,awards ,the ,secretary shall establish criteria for the application1 evaluation1 and approval of ,state plans under this section4 ,subject to subsection 7j71 the ,secretary may allocate the amounts made available under section #caajd7;a77#a7 among the ,states4 7#b7 ,opportunity to cure ,if the ,secretary disapproves a plan under this section1 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 approval4 7j7 ,allocation of funds 7#a7 ,in general ,the ,secretary1 by regulation1 shall prescribe allocation criteria for funds made available under section #caajd7;a77#a74 7#b7 ,annual allocations ,on ,october #a of each fiscal year1 or as soon as practicable thereafter1 and after making a deduction under section #caajd7;c71 the ,secretary shall allocate amounts made available in section #caajd7;a77#a7 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 7#a74 7#c7 ,elective adjustments ,subject to the availability of funding and notwithstanding fluctuations in the data elements used by the ,secretary to calculate the annual allocation amounts1 after the creation of a new allocation formula under section #bfjh of the ,comprehensive ,transportation and ,consumer ,protection ,act of #bjae the ,secretary may not make elective adjustments to the allocation formula that decrease a ,state's ,federal funding levels by more than #c percent in a fiscal year4 ,the #c-percent limit shall not apply to the withholding provisions of subsection 7k74 7k7 ,plan monitoring 7#a7 ,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 ,secretary1 the ,secretary shall periodically evaluate ,state implementation of and compliance with the ,state plan4 7#b7 ,withholding of funds 7,a7 ,disapproval ,if1 after notice and an opportunity to be heard1 the ,secretary finds that the ,state plan previously approved is not being followed or has become inadequate to ensure enforcement of the regulations1 standards1 or orders1 or the ,state is otherwise not in compliance with the requirements of this section1 the ,secretary may withdraw approval of the plan and notify the ,state4 ,the plan is no longer in effect once the ,state receives notice1 and the ,secretary shall withhold all funding under this section4 7,b7 ,noncompliance withholding ,in lieu of withdrawing approval of the plan1 the ,secretary may1 after providing notice and an opportunity to be heard1 withhold funding from the ,state to which the ,state would otherwise be entitled under this section for the period of the ,state's noncompliance4 ,in exercising this option1 the ,secretary may withhold-- 7i7 up to #e percent of funds during the fiscal year that the ,secretary notifies the ,state of its noncompliance2 7ii7 up to #aj percent of funds for the first full fiscal year of noncompliance2 7iii7 up to #be percent of funds for the second full fiscal year of noncompliance2 and 7iv7 not more than #ej percent of funds for the third and any subsequent full fiscal year of noncompliance4 7#c7 ,judicial review ,a ,state adversely affected by a determination under paragraph 7#b7 may seek judicial review under chapter #g of title #e4 ,notwithstanding the disapproval of a ,state plan under paragraph 7#b77;,a7 or the withholding under paragraph 7#b77;,b71 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 withholding4 7l7 ,high priority financial assistance program 7#a7 ,in general ,the ,secretary shall administer a high priority financial assistance program funded under section #caajd for the purposes described in paragraphs 7#b7 and 7#c74 7#b7 ,activities related to motor carrier safety ,the purpose of this paragraph is to make discretionary grants to and cooperative agreements with ,states1 local governments1 federally recognized ,indian tribes1 other political jurisdictions as necessary1 and any person to carry out high priority activities and projects that augment motor carrier safety activities and projects planned in accordance with subsections 7b7 and 7c71 including activities and projects that-- 7,a7 increase public awareness and education on commercial motor vehicle safety2 7,b7 target unsafe driving of commercial motor vehicles and non-commercial motor vehicles in areas identified as high risk crash corridors2 7,c7 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 laws2 7,d7 improve the safe and secure movement of hazardous materials2 7,e7 improve safe transportation of goods and persons in foreign commerce2 7,f7 demonstrate new technologies to improve commercial motor vehicle safety2 7,g7 support participation in performance and registration information systems management under section #caajf7;b7-- 7i7 for entities not responsible for submitting the plan under subsection 7c72 or 7ii7 for entities responsible for submitting the plan under subsection 7c7-- 7,i7 before ,october #a1 #bjbj1 to achieve compliance with the requirements of participation2 and 7,,ii7 beginning on ,october #a1 #bjbj1 or once compliance is achieved1 whichever is sooner1 for special initiatives or projects that exceed routine operations required for participation2 7,h7 conduct safety data improvement projects-- 7i7 that complete or exceed the requirements under subsection 7c77#b77,p7 for entities not responsible for submitting the plan under subsection 7c72 or 7ii7 that exceed the requirements under subsection 7c77#b77,p7 for entities responsible for submitting the plan under subsection 7c72 and 7,i7 otherwise improve commercial motor vehicle safety and compliance with commercial motor vehicle safety regulations4 7#c7 ,innovative technology deployment grant program 7,a7 ,in general ,the ,secretary shall establish an innovative technology deployment grant program to make discretionary grants funded under section #caajd7;a77#b7 to eligible ,states for the innovative technology deployment of commercial motor vehicle information systems and networks4 7,b7 ,purposes ,the purposes of the program shall be-- 7i7 to advance the technological capability and promote the deployment of intelligent transportation system applications for commercial motor vehicle operations1 including commercial motor vehicle1 commercial driver1 and carrier-specific information systems and networks2 and 7ii7 to support and maintain commercial motor vehicle information systems and networks-- 7,i7 to link ,federal motor carrier safety information systems with ,state commercial motor vehicle systems2 7,,ii7 to improve the safety and productivity of commercial motor vehicles and drivers2 and 7,,iii7 to reduce costs associated with commercial motor vehicle operations and ,federal and ,state commercial vehicle regulatory requirements4 7,c7 ,eligibility ,to be eligible for a grant under this paragraph1 a ,state shall-- 7i7 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 refined1 revised1 upgraded1 or built to accomplish deployment of commercial motor vehicle information systems and networks capabilities2 7ii7 certify to the ,secretary that its commercial motor vehicle information systems and networks deployment activities1 including hardware procurement1 software and system development1 and infrastructure modifications-- 7,i7 are consistent with the national intelligent transportation systems and commercial motor vehicle information systems and networks architectures and available standards2 and 7,,ii7 promote interoperability and efficiency to the extent practicable2 and 7iii7 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 architecture1 applicable standards1 and protocols for commercial motor vehicle information systems and networks4 7,d7 ,use of funds ,grant funds may be used-- 7i7 for deployment activities and activities to develop new and innovative advanced technology solutions that support commercial motor vehicle information systems and networks2 7ii7 for planning activities1 including the development or updating of program or top level design plans in order to become eligible or maintain eligibility under subparagraph 7,c72 and 7iii7 for the deployment1 operation1 and maintenance costs associated with innovative technology4 7,e7 ,secretary authorization ,the ,secretary is authorized to award a ,state funding for the deployment1 operation1 and maintenance costs associated with innovative technology deployment with funds made available under both sections #caajd7;a77#a7 and #caajd7;a77#b7 of this title4 4 7b7 ,commercial ,motor ,vehicle ,operators ,grant ,program ,section #caajc is amended to read as follows3 #caajc4 ,commercial ,motor ,vehicle ,operators ,grant ,program 7a7 ,in general ,the ,secretary shall administer a commercial motor vehicle operators grant program funded under section #caajd4 7b7 ,purpose ,the purpose of the grant program is to train individuals in the safe operation of commercial motor vehicles 7as defined in section #cacja74 4 7c7 ,authorization of appropriations ,section #caajd is amended to read as follows3 #caajd4 ,authorization of appropriations 7a7 ,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 ,programs3 7#a7 ,motor carrier safety assistance program ,subject to paragraph 7#b7 of this subsection and subsection 7c7 of this section1 to carry out section #caajb-- 7,a7 #bej1chi1jjj for fiscal year #bjag2 7,b7 #bee1fdh1jjj for fiscal year #bjah2 7,c7 #bfa1jaf1jjj for fiscal year #bjai2 7,d7 #bff1dig1jjj for fiscal year #bjbj2 and 7,e7 #bgb1jid1jjj for fiscal year #bjba4 7#b7 ,high priority activities financial assistance program ,subject to subsection 7c71 to make grants and cooperative agreements under section #caajb7l7 of this title1 the ,secretary may set aside from amounts made available under paragraph 7#a7 of this subsection up to-- 7,a7 #db1cbc1jjj for fiscal year #bjag2 7,b7 #dc1bab1jjj for fiscal year #bjah2 7,c7 #dd1aai1jjj for fiscal year #bjai2 7,d7 #de1jdf1jjj for fiscal year #bjbj2 and 7,e7 #de1iib1jjj for fiscal year #bjba4 7#c7 ,commercial motor vehicle operators grant program ,to carry out section #caajc-- 7,a7 #a1jjj1jjj for fiscal year #bjag2 7,b7 #a1jjj1jjj for fiscal year #bjah2 7,c7 #a1jjj1jjj for fiscal year #bjai2 7,d7 #a1jjj1jjj for fiscal year #bjbj2 and 7,e7 #a1jjj1jjj for fiscal year #bjba4 7#d7 ,commercial driver's license program implementation financial assistance program ,subject to subsection 7c71 to carry out section #cacac-- 7,a7 #ca1bgc1jjj for fiscal year #bjag2 7,b7 #ca1icj1jjj for fiscal year #bjah2 7,c7 #cb1fjj1jjj for fiscal year #bjai2 7,d7 #cc1bhe1jjj for fiscal year #bjbj2 and 7,e7 #cc1ihd1jjj for fiscal year #bjba4 7b7 ,reimbursement and payment to recipients for ,government share of costs 7#a7 ,in general ,amounts made available under subsection 7a7 shall be used to reimburse financial assistance recipients proportionally for the ,federal ,government's share of the costs incurred4 7#b7 ,reimbursement amounts ,the ,secretary shall reimburse a recipient1 in accordance with a financial assistance agreement made under section #caajb1 #caajc1 or #cacac1 an amount that is at least #he percent of the costs incurred by the recipient in a fiscal year in developing and implementing programs under these sections4 ,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 agreement4 ,the ,secretary shall include a recipient's in-kind contributions in determining the reimbursement4 7#c7 ,vouchers ,each recipient shall submit vouchers at least quarterly for costs the recipient incurs in developing and implementing programs under section #caajb1 #caajc1 or #cacac4 7c7 ,deductions for partner training and program support ,on ,october #a of each fiscal year1 or as soon after that date as practicable1 the ,secretary may deduct from amounts made available under paragraphs 7#a71 7#b71 and 7#d7 of subsection 7a7 for that fiscal year not more than #a4ej percent of those amounts for partner training and program support in that fiscal year4 ,the ,secretary shall use at least #ge percent of those deducted amounts to train non-,federal ,government employees and to develop related training materials in carrying out these programs4 7d7 ,grants and cooperative agreements as contractual obligations ,the approval of a financial assistance agreement by the ,secretary under section #caajb1 #caajc1 or #cacac 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 agreement4 7e7 ,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 period4 7f7 ,period of availability of financial assistance agreement funds for recipient expenditures 7#a7 ,in general ,the period of availability for a recipient to expend a grant or cooperative agreement authorized under subsection 7a7 is as follows3 7,a7 ,for grants made for carrying out section #caajb1 other than section #caajb7l71 for the fiscal year in which it is obligated and for the next fiscal year4 7,b7 ,for grants or cooperative agreements made for carrying out section #caajb7l77#b71 for the fiscal year in which it is obligated and for the next #b fiscal years4 7,c7 ,for grants made for carrying out section #caajb7l77#c71 for the fiscal year in which it is obligated and for the next #d fiscal years4 7,d7 ,for grants made for carrying out section #caajc1 for the fiscal year in which it is obligated and for the next fiscal year4 7,e7 ,for grants or cooperative agreements made for carrying out #cacac1 for the fiscal year in which it is obligated and for the next #d fiscal years4 7#b7 ,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 #caajb1 #caajc1 #caajd1 and #cacac in accordance with subsection 7i7 of this section4 7g7 ,contract authority2 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 #a of the fiscal year for which they are authorized1 whichever occurs first4 7h7 ,availability of funding ,amounts made available under this section shall remain available until expended4 7i7 ,transfer of obligation authority 7#a7 ,in general ,of the contract authority authorized in this section1 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 section4 7#b7 ,cost estimates ,of the funds transferred1 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 ,secretary4 7#c7 ,no limitation on total of obligations ,notwithstanding any other provision of law1 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 subsection4 4 7d7 ,technical and conforming amendments 7#a7 ,safety fitness of owners and operator2 safety reviews of new operators ,section #caadd7;g7 is amended by striking paragraph 7#e74 7#b7 ,information systems2 performance and registration information program ,section #caajf7;b7 is amended by striking paragraph 7#d74 7#c7 ,border enforcement grants ,section #caajg is repealed4 7#d7 ,performance and registration information system management ,section #caaji is repealed4 7#e7 ,table of contents ,the table of contents of chapter #caa is amended-- 7,a7 by striking the items relating to #caajg and #caaji2 and 7,b7 by striking the items relating to sections #caajb1 #caajc1 and #caajd and inserting the following3 #caajb4 ,motor ,carrier ,safety ,assistance ,program4#caajc4 ,commercial ,motor ,vehicle ,operators ,grant ,program4#caajd4 ,authorization of appropriations4 4 7#f7 ,grants for commercial driver's license program implementation ,section #cacac7;a71 as amended by section #bfjf of this ,act1 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 7#a7 and 7#b7 and inserting ,the ,secretary of ,transportation shall administer a financial assistance program for commercial driver's license program implementation funded under section #caajd of this title for the purposes described in paragraphs 7#a7 and 7#b74 7#g7 ,commercial vehicle information systems and networks deployment ,section #dabf of ,,safetea-,,lu 7#di ,u4,s4,c4 #caajf note7 is repealed4 7#h7 ,safety data improvement program ,section #dabh of ,,safetea-,,lu 7#di ,u4,s4,c4 #caajj note7 is repealed4 7#i7 ,grant program for commercial motor vehicle operators ,section #dacd of ,,safetea-,,lu 7#di ,u4,s4,c4 #cacja note7 is repealed4 7#aj7 ,winter home heating oil delivery ,state flexibility program ,section #cdf of ,national ,highway ,system ,designation ,act of #aiie 7#di ,u4,s4,c4 #caaff note7 is repealed4 7#aa7 ,maintenance of effort as condition on grants to ,states ,section #ajc7;c7 of the ,motor ,carrier ,safety ,improvement ,act of #aiii 7#di ,u4,s4,c4 #caajb note7 is repealed4 7#ab7 ,state compliance with ,,cdl requirements ,section #ajc7;e7 of the ,motor ,carrier ,safety ,improvement ,act of #aiii 7#di ,u4,s4,c4 #caajb note7 is repealed4 7#ac7 ,border staffing standards ,section #bah7;d7 of the ,motor ,carrier ,safety ,improvement ,act of #aiii 7#di ,u4,s4,c4 #caacc note7 is amended-- 7,a7 in paragraph 7#a71 by striking under section #caajd7;f77#b77;,b7 of title #di1 ,united ,states ,code and inserting section #caajd7;a77#a7 of title #di1 ,united ,states ,code2 and 7,b7 by striking paragraph 7#c74 7e7 ,effective date ,the amendments made by this section shall take effect on ,october #a1 #bjaf4 7f7 ,transition ,notwithstanding the amendments made by this section1 the ,secretary shall carry out sections #caajb1 #caajc1 #caajd1 and any sections repealed under subsection 7d7 of this section1 as necessary1 as those sections were in effect on the day before ,october #a1 #bjaf1 with respect to applications for grants1 cooperative agreements1 or contracts under those sections submitted before ,october #a1 #bjaf4 #bfjc4 ,new entrant safety review program study 7a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,office of ,inspector ,general of the ,department of ,transportation shall report to the ,committee on ,commerce1 ,science1 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 program1 required under section #caadd7;g7 of title #di1 ,united ,states ,code1 including the program's effectiveness in reducing commercial motor vehicles involved in crashes1 fatalities1 and injuries1 and in improving commercial motor vehicle safety4 7b7 ,report ,not later than #ij days after completion of the report under subsection 7a71 the ,secretary shall submit to the ,committee on ,commerce1 ,science1 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 7a74 7c7 ,paperwork ,reduction ,act of #aiie2 exception ,the study and the ,office of the ,inspector ,general assessment shall not be subject to section #cejf or section #cejg of title #dd1 ,united ,states ,code4 #bfjd4 ,performance and registration information systems management ,section #caajf7;b7 is amended in the heading by striking program and inserting systems management4 #bfje4 ,authorization of appropriations 7a7 ,in general ,subchapter ,i of chapter #caa is amended by adding at the end the following3 #caaaj4 ,authorization of appropriations 7a7 ,administrative expenses ,there are authorized to be appropriated from the ,highway ,trust ,fund 7other than the ,mass ,transit ,account7 for the ,secretary of ,transportation to pay administrative expenses of the ,federal ,motor ,carrier ,safety ,administration-- 7#a7 #bfd1dci1jjj for fiscal year #bjaf2 7#b7 #bfi1iib1jjj for fiscal year #bjag2 7#c7 #bge1ffb1jjj for fiscal year #bjah2 7#d7 #bha1dea1jjj for fiscal year #bjai2 7#e7 #bhg1cfa1jjj for fiscal year #bjbj2 and 7#f7 #bic1cif1jjj for fiscal year #bjba4 7b7 ,use of funds ,the funds authorized by this section shall be used-- 7#a7 for personnel costs2 7#b7 for administrative infrastructure2 7#c7 for rent2 7#d7 for information technology2 7#e7 for programs for research and technology1 information management1 regulatory development1 the administration of the performance and registration information systems management2 7#f7 for programs for outreach and education under subsection 7d72 7#g7 to fund the motor carrier safety facility working capital fund established under subsection 7c72 7#h7 for other operating expenses2 7#i7 to conduct safety reviews of new operators2 and 7#aj7 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 sources4 7c7 ,motor carrier safety facility working capital fund 7#a7 ,in general ,the ,secretary may establish a motor carrier safety facility working capital fund4 7#b7 ,purpose ,amounts in the fund shall be available for modernization1 construction1 leases1 and expenses related to vacating1 occupying1 maintaining1 and expanding motor carrier safety facilities1 and associated activities4 7#c7 ,availability ,amounts in the fund shall be available without regard to fiscal year limitation4 7#d7 ,funding ,amounts may be appropriated to the fund from the amounts made available in subsection 7a74 7#e7 ,fund transfers ,the ,secretary may transfer funds to the working capital fund from the amounts made available in subsection 7a7 or from other funds as identified by the ,secretary4 7d7 ,outreach and education program 7#a7 ,in general ,the ,secretary may conduct1 through any combination of grants1 contracts1 cooperative agreements1 or other activities1 an internal and external outreach and education program to be administered by the ,administrator of the ,federal ,motor ,carrier ,safety ,administration4 7#b7 ,federal share ,the ,federal share of an outreach and education program for which a grant1 contract1 or cooperative agreement is made under this subsection may be up to #ajj percent of the cost of the grant1 contract1 or cooperative agreement4 7#c7 ,funding ,from amounts made available in subsection 7a71 the ,secretary shall make available such sums as are necessary to carry out this subsection each fiscal year4 7e7 ,contract authority2 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 #a of the fiscal year for which they are authorized1 whichever occurs first4 7f7 ,funding availability ,amounts made available under this section shall remain available until expended4 7g7 ,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 costs4 4 7b7 ,technical and conforming amendments 7#a7 ,administrative expenses2 authorization of appropriations ,section #caajd is amended-- 7,a7 by striking subsection 7i72 and 7,b7 by redesignating subsections 7j7 and 7k7 and subsections 7i7 and 7j71 respectively4 7#b7 ,use of amounts made available under subsection 7i7 ,section #daaf7;d7 of ,,safetea-,,lu 7#di ,u4,s4,c4 #caajd note7 is amended by striking section #caajd7;i7 and inserting section #caaaj4 7#c7 ,internal cooperation ,section #caafa is amended by striking #caajd7;i7 and inserting #caaaj4 7#d7 ,,safetea-,,lu2 outreach and education ,section #dabg of ,,safetea-,,lu 7#aai ,stat4 #agda2 ,public ,law #aji-ei7 is repealed4 7#e7 ,table of contents ,the table of contents of subchapter ,i of chapter #caa is amended by adding at the end the following3 #caaaj4 ,authorization of appropriations4 4 #bfjf4 ,commercial driver's license program implementation 7a7 ,in general ,section #cacac is amended to read as follows3 #cacac4 ,commercial driver's license program implementation financial assistance program 7a7 ,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 7#a7 and 7#b74 7#a7 ,state commercial driver's license program improvement grants ,the ,secretary of ,transportation may make a grant to a ,state agency in a fiscal year-- 7,a7 to comply with the requirements of section #cacaa2 and 7,b7 in the case of a ,state that is making a good faith effort toward substantial compliance with the requirements of section #cacaa1 to improve its implementation of its commercial driver's license program1 including expenses-- 7i7 for computer hardware and software2 7ii7 for publications1 testing1 personnel1 training1 and quality control2 7iii7 for commercial driver's license program coordinators2 and 7iv7 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 #cbcjc7;b7 of the ,commercial ,motor ,vehicle ,safety ,enhancement ,act of #bjab 7#di ,u4,s4,c4 #cacjd note74 7#b7 ,priority activities ,the ,secretary may make a grant or cooperative agreement in a fiscal year to a ,state agency1 local government1 or any person for research1 development or testing1 demonstration projects1 public education1 or other special activities and projects relating to commercial driver's licensing and motor vehicle safety that-- 7,a7 benefit all jurisdictions of the ,united ,states2 7,b7 address national safety concerns and circumstances2 7,c7 address emerging issues relating to commercial driver's license improvements2 7,d7 support innovative ideas and solutions to commercial driver's license program issues2 or 7,e7 address other commercial driver's license issues1 as determined by the ,secretary4 7b7 ,prohibitions ,a recipient may not use financial assistance funds awarded under this section to rent1 lease1 or buy land or buildings4 7c7 ,report ,the ,secretary shall issue an annual report on the activities carried out under this section4 7d7 ,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 7a77#b7 according to criteria prescribed by the ,secretary4 4 7b7 ,technical and conforming amendments ,the table of contents of chapter #cac is amended by striking the item relating to section #cacac and inserting the following3 #cacac4 ,commercial driver's license program implementation financial assistance program4 4 #bfjg4 ,extension of ,federal motor carrier safety programs for fiscal year #bjaf 7a7 ,motor carrier safety assistance program grant extension ,section #caajd7;a7 is amended-- 7#a7 in paragraph 7#i71 by striking and at the end2 and 7#b7 by striking paragraph 7#aj7 and inserting the following3 7#aj7 #bah1jjj1jjj for fiscal year #bjae2 and 7#aa7 #bah1jjj1jjj for fiscal year #bjaf4 4 7b7 ,extension of grant programs ,section #daja7;c7 ,,safetea-,,lu 7#aai ,stat4 #agae2 ,public ,law #aji-ei71 is amended to read as follows3 7c7 ,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 programs3 7#a7 ,commercial driver's license program improvement grants ,for carrying out the commercial driver's license program improvement grants program under section #cacac of title #di1 ,united ,states ,code1 #cj1jjj1jjj for fiscal year #bjaf4 7#b7 ,border enforcement grants ,from amounts made available under section #caajd7;a7 of title #di1 ,united ,states ,code1 for border enforcement grants under section #caajg of that title1 #cb1jjj1jjj for fiscal year #bjaf4 7#c7 ,performance and registration information systems management grant programs ,from amounts made available under section #caajd7;a7 of title #di1 ,united ,states ,code1 for the performance and registration information systems management grant program under section #caaji of that title1 #e1jjj1jjj for fiscal year #bjaf4 7#d7 ,commercial vehicle information systems and networks deployment ,for carrying out the commercial vehicle information systems and networks deployment program under section #dabf of this ,act 7the information technology deployment program71 #be1jjj1jjj1 for fiscal year #bjaf4 7#e7 ,safety data improvement grants ,from amounts made available under section #caajd7;a7 of title #di1 ,united ,states ,code1 for safety data improvement grants under section #dabh of this ,act1 #c1jjj1jjj for fiscal year #bjaf4 4 7c7 ,high-,priority activities ,section #caajd7;j77#b71 as redesignated by section #bfje of this ,act is amended by striking #bjad and up to #ab1dic1aea for the period beginning on ,october #a1 #bjad1 and ending on ,july #ca1 #bjae11 and inserting #bjaf4 7d7 ,new entrant audits ,section #caadd7;g77#e77;,b7 is amended to read as follows3 7,b7 ,set aside ,the ,secretary shall set aside from amounts made available by section #caajd7;a7 up to #cb1jjj1jjj for fiscal year #bjaf for audits of new entrant motor carriers conducted under this paragraph4 4 7e7 ,grant program for commercial motor vehicle operators ,section #dacd7;c7 of ,,safetea-,,lu 7#di ,u4,s4,c4 #cacja note7 is amended to read as follows3 7c7 ,funding ,from amounts made available under section #caaaj of title #di1 ,united ,states ,code1 the ,secretary shall make available1 #a1jjj1jjj for fiscal year #bjaf to carry out the commercial motor vehicle operators grant program4 4 7f7 ,commercial vehicle information systems and networks deployment 7#a7 ,in general ,section #dabf of ,,safetea-,,lu 7#di ,u4,s4,c4 #caajf note2 #aai ,stat4 #agch2 ,public ,law #aji-ei7 is amended-- 7,a7 in subsection 7c7-- 7i7 in paragraph 7#b71 by adding at the end the following3 ,funds deobligated by the ,secretary from previous year grants shall not be counted towards the #b1ejj1jjj maximum aggregate amount for core deployment42 and 7ii7 in paragraph 7#c71 by adding at the end the following3 ,funds may also be used for planning activities1 including the development or updating of program or top level design plans42 and 7,b7 in subsection 7d77#d71 by adding at the end the following3 ,funds may also be used for planning activities1 including the development or updating of program or top level design plans44 7#b7 ,information technology deployment program ,for fiscal year #bjaf1 the commercial vehicle information systems and networks deployment program under section #dabf of ,,safetea-,,lu 7#aai ,stat4 #agch2 ,public ,law #aji-ei7 may also be referred to as the information technology deployment program4 #bfjh4 ,motor carrier safety assistance program allocation 7a7 ,working group 7#a7 ,establishment ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary shall establish a motor carrier safety assistance program formula working group 7referred to in this section as the working group74 7#b7 ,membership 7,a7 ,in general ,subject to subparagraph 7,b71 the working group shall consist of representatives of the following3 7i7 ,the ,federal ,motor ,carrier ,safety ,administration4 7ii7 ,the lead ,state commercial motor vehicle safety agencies responsible for administering the plan required by section #caajb of title #di1 ,united ,states ,code4 7iii7 ,an organization representing ,state agencies responsible for enforcing a program for inspection of commercial motor vehicles4 7iv7 ,such other persons as the ,secretary considers necessary4 7,b7 ,composition ,representatives of ,state commercial motor vehicle safety agencies shall comprise at least #ea percent of the membership4 7#c7 ,new allocation formula ,the working group shall analyze requirements and factors for a new motor carrier safety assistance program allocation formula4 7#d7 ,recommendation ,not later than #a year after the date the working group is established under paragraph 7#a71 the working group shall make a recommendation to the ,secretary regarding a new ,motor ,carrier ,safety ,assistance ,program allocation formula4 7#e7 ,,faca exemption ,the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app47 shall not apply to the working group established under this subsection4 7#f7 ,publication ,the ,administrator of the ,federal ,motor ,carrier ,safety ,administration shall publish on a public website summaries of its meetings1 and the final recommendation provided to the ,secretary4 7b7 ,notice of proposed rulemaking ,after receiving the recommendation under subsection 7a77#d71 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 #caajb of title #di1 ,united ,states ,code4 7c7 ,basis for formula ,the ,secretary shall ensure that the new allocation formula is based on factors that reflect1 at a minimum-- 7#a7 the relative needs of the ,states to comply with section #caajb of title #di1 ,united ,states ,code2 7#b7 the relative administrative capacities of and challenges faced by ,states in complying with section #caajb of title #di1 ,united ,states ,code2 7#c7 the average of each ,state's new entrant motor carrier inventory for the #c-year period prior to the date of enactment of this ,act2 7#d7 the number of international border inspection facilities and border crossings by commercial vehicles in each ,state2 and 7#e7 any other factors the ,secretary considers appropriate4 7d7 ,funding amounts prior to development of a new allocation formula 7#a7 ,interim formula ,prior to the development of the new allocation formula1 the ,secretary may calculate the interim funding amounts for the motor carrier safety assistance program in fiscal year #bjag 7and later fiscal years1 as necessary7 under section #caajd7;a77#a7 of title #di1 ,united ,states ,code1 as amended by section #bfjb of this ,act1 by the following methodology3 7,a7 ,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 #bjaf under section #bfjg of this ,act4 7,b7 ,the ,secretary shall average the funding awarded or other equitable amounts to a ,state in fiscal years #bjac1 #bjad1 and #bjae for border enforcement grants awarded under section #cbfjc7;c7 of ,,map-#ba 7#abf ,stat4 #hjg2 ,public ,law #aab-ada7 and new entrant audit grants awarded under that section1 or other equitable amounts4 7,c7 ,the ,secretary shall add the amounts calculated in subparagraphs 7,a7 and 7,b74 7#b7 ,adjustments ,subject to the availability of funding and notwithstanding fluctuations in the data elements used by the ,secretary1 the initial amounts resulting from the calculation described in paragraph 7#a7 shall be adjusted to ensure that1 for each ,state1 the amount shall not be less than #ig percent of the average amount of funding received or other equitable amounts in fiscal years #bjac1 #bjad1 and #bjae for-- 7,a7 motor carrier safety assistance program funds awarded under section #cbfjc7;a7 of ,,map-#ba 7#abf ,stat4 #hjg2 ,public ,law #aab-ada72 7,b7 border enforcement grants awarded under section #cbfjc7;a7 of ,,map-#ba 7#abf ,stat4 #hjg2 ,public ,law #aab-ada72 and 7,c7 new entrant audit grants awarded under section #cbfjc7;a7 of ,,map-#ba 7#abf ,stat4 #hjg2 ,public ,law #aab-ada74 7#c7 ,immediate relief ,in developing the new allocation formula1 the ,secretary shall provide immediate relief for at least #c fiscal years to all ,states currently subject to the withholding provisions of ,motor ,carrier ,safety ,assistance ,program funds for matters of noncompliance4 7#d7 ,future withholdings ,beginning on the date that the new allocation formula is implemented1 the ,secretary shall impose all future withholdings in accordance with section #caajb7k7 of title #di1 ,united ,states ,code1 as amended by section #bfjb of this ,act4 7e7 ,termination of effectiveness ,this section expires upon the implementation of a new ,motor ,carrier ,safety ,assistance ,program ,allocation ,formula4 #bfji4 ,maintenance of effort calculation 7a7 ,before new allocation formula 7#a7 ,fiscal year #bjag ,if a new allocation formula has not been established for fiscal year #bjag1 then1 for fiscal year #bjag1 the ,secretary of ,transportation shall calculate the maintenance of effort required under section #caajb7;f7 of title #di1 ,united ,states ,code1 as amended by section #bfjb of this ,act1 by averaging the expenditures for fiscal years #bjjd and #bjje required by section #cbfja7;a77#e7 of ,,map-#ba 7,public ,law #aab-ada71 as that section was in effect on the day before the date of enactment of this ,act4 7#b7 ,subsequent fiscal years ,the ,secretary may use the methodology for calculating the maintenance of effort for fiscal year #bjag and each fiscal year thereafter if a new allocation formula has not been established4 7b7 ,beginning with new allocation formation 7#a7 ,in general ,subject to paragraphs 7#b7 and 7#c77;,b71 beginning on the date that a new allocation formula is established under section #bfjh1 upon the request of a ,state1 the ,secretary may modify the baseline maintenance of effort required by section #caajb7;e7 of title #di1 ,united ,states ,code1 as amended by section #bfjb of this ,act1 for the purpose of establishing a new baseline maintenance of effort if the ,secretary determines that a waiver or modification-- 7,a7 is equitable due to reasonable circumstances2 7,b7 will ensure the continuation of commercial motor vehicle enforcement activities in the ,state2 and 7,c7 is necessary to ensure that the total amount of ,state maintenance of effort and matching expenditures required under sections #caajb and #caajd of title #di1 ,united ,states ,code1 as amended by section #bfjb of this ,act1 does not exceed a sum greater than the total amount of ,state maintenance of effort and matching expenditures for the #c fiscal years prior to the date of enactment of this ,act4 7#b7 ,adjustment methodology ,if requested by a ,state1 the ,secretary may modify the maintenance of effort baseline according to the following methodology3 7,a7 ,the ,secretary shall establish the maintenance of effort using the average of fiscal years #bjjd and #bjje1 as required by section #cbfja7;a77#e7 of ,,map-#ba 7,public ,law #aab-ada74 7,b7 ,the ,secretary shall calculate the average required match by a lead ,state commercial motor vehicle safety agency for fiscal years #bjac1 #bjad1 and #bjae for motor carrier safety assistance grants established at #bj percent by section #caajc of title #di1 ,united ,states ,code1 as that section was in effect on the day before the date of enactment of this ,act4 7,c7 ,the ,secretary shall calculate the estimated match required under section #caajd7;b7 of title #di1 ,united ,states ,code1 as amended by section #bfjb of this ,act4 7,d7 ,the ,secretary will subtract the amount in subparagraph 7,b7 from the amount in subparagraph 7,c7 and-- 7i7 if the number is greater than #j1 then the ,secretary shall subtract the number from the amount in subparagraph 7,a72 or 7ii7 if the number is not greater than #j1 then the ,secretary shall calculate the maintenance of effort using the methodology in subparagraph 7,a74 7#c7 ,maintenance of effort amount 7,a7 ,in general ,the ,secretary shall use the amount calculated in paragraph 7#b7 as the baseline maintenance of effort required in section #caajb7;f7 of title #di1 ,united ,states ,code1 as amended by section #bfjb of this ,act4 7,b7 ,deadline ,if a ,state does not request a waiver or modification under this subsection before ,september #cj during the first fiscal year that the ,secretary implements the new allocation formula under section #bfjh1 the ,secretary shall calculate the maintenance of effort using the methodology in paragraph 7#b77;,a7 of this subsection4 7#d7 ,maintenance of effort described ,the maintenance of effort calculated under this section is the amount required under section #caajb7;f7 of title #di1 ,united ,states ,code1 as amended by section #bfjb of this ,act4 7c7 ,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 #bfjh4 ,g ,miscellaneous provisions #bgja4 ,windshield technology 7a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary shall revise the regulations in section #cic4fj7;e7 of title #di1 ,code of ,federal ,regulations 7relating to the prohibition on obstructions to the driver's field of view71 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 exemption4 7b7 ,definition of vehicle safety technology ,in this section1 vehicle safety technology includes fleet-related incident management system1 performance or behavior management system1 speed management system1 lane departure warning system1 forward collision warning or mitigation system1 active cruise control system1 and any other technology that the ,secretary considers applicable4 7c7 ,rule of construction ,for purposes of this section1 any windshield mounted technology with a short term exemption under part #cha of title #di1 ,code of ,federal ,regulations1 on the day before the date of enactment of this ,act1 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 7a74 #bgjb4 ,electronic logging devices requirements ,section #caacg7;b7 is amended-- 7#a7 in paragraph 7#a77;,c71 by striking apply to and inserting except as provided in paragraph 7#c71 apply to2 and 7#b7 by adding at the end the following3 7#c7 ,exception ,a motor carrier1 when transporting a motor home or recreation vehicle trailer within the definition of driveaway-towaway operation 7as defined in section #cij4e of title #di1 ,code of ,federal ,regulations7 may comply with the hours of service requirements by requiring each driver to use-- 7,a7 a paper record of duty status form2 or 7,b7 an electronic logging device4 4 #bgjc4 ,lapse of required financial security2 suspension of registration ,section #acijf7;e7 is amended by inserting or suspend after revoke4 #bgjd4 ,access to ,national ,driver ,register ,section #cjcje7;b7 is amended by adding at the end the following3 7#ac7 ,the ,administrator of the ,federal ,motor ,carrier ,safety ,administration may request the chief driver licensing official of a ,state to provide information under subsection 7a7 of this section about an individual in connection with a safety investigation under the ,administrator's jurisdiction4 4 #bgje4 ,study on commercial motor vehicle driver commuting 7a7 ,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 #aej minutes commuting time on safety and commercial motor vehicle driver fatigue4 7b7 ,study ,in conducting the study1 the ,administrator shall consider-- 7#a7 the prevalence of driver commuting in the commercial motor vehicle industry1 including the number and percentage of drivers who commute2 7#b7 the distances traveled1 time zones crossed1 time spent commuting1 and methods of transportation used2 7#c7 research on the impact of excessive commuting on safety and commercial motor vehicle driver fatigue2 7#d7 the commuting practices of commercial motor vehicle drivers and policies of motor carriers2 7#e7 the ,federal ,motor ,carrier ,safety ,administration regulations1 policies1 and guidance regarding driver commuting2 and 7#f7 any other matters the ,administrator considers appropriate4 7c7 ,report ,not later than #ah months after the date of enactment of this ,act1 the ,administrator shall submit to ,congress a report containing the findings under the study and any recommendations for legislative action concerning driver commuting4 #bgjf4 ,household goods consumer protection working group 7a7 ,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 carrier4 7b7 ,membership ,the ,secretary shall ensure that the working group is comprised of individuals with expertise in consumer affairs1 educators with expertise in how people learn most effectively1 and representatives of the household goods moving industry4 7c7 ,recommendations 7#a7 ,contents ,the recommendations developed by the working group shall include1 at a minimum1 recommendations on-- 7,a7 condensing publication ,,esa #jcjje of the ,federal ,motor ,carrier ,safety ,administration into a format that is more easily used by consumers2 7,b7 using state-of-the-art education techniques and technologies1 including optimizing the use of the ,internet as an educational tool2 and 7,c7 reducing and simplifying the paperwork required of motor carriers and shippers in interstate transportation4 7#b7 ,deadline ,not later than one year after the date of enactment of this ,act1 the working group shall make the recommendations described in paragraph 7#a7 which the ,secretary shall publish on a public website4 7d7 ,report ,not later than #a year after the date on which the working group makes its recommendations1 the ,secretary shall issue a report to ,congress on the implementation of such recommendations4 7e7 ,federal advisory committee act exemption ,the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app47 shall not apply to the working group established under this section4 7f7 ,termination ,the working group shall terminate #b years after the date of enactment of this ,act4 ,,iii ,hazardous materials #caja4 ,endorsements 7a7 ,exclusions ,section #eaag7;d77#a7 is amended-- 7#a7 in subparagraph 7,b71 by striking and at the end2 7#b7 in subparagraph 7,c71 by striking the period at the end and inserting 2 and2 and 7#c7 by adding at the end the following3 7,d7 a service vehicle carrying diesel fuel in quantities of #c1ghe liters 7#a1jjj gallons7 or less that is-- 7i7 driven by a class ,a commercial driver's license holder who is a custom harvester1 an agricultural retailer1 an agricultural business employee1 an agricultural cooperative employee1 or an agricultural producer2 and 7ii7 clearly marked with a placard reading ,diesel ,fuel4 4 7b7 ,hazardous materials endorsement exemption ,the ,secretary shall exempt all class ,a commercial driver's license holders who are custom harvesters1 agricultural retailers1 agricultural business employees1 agricultural cooperative employees1 or agricultural producers from the requirement to obtain a hazardous materials endorsement under part #chc of title #di1 ,code of ,federal ,regulations1 while operating a service vehicle carrying diesel fuel in quantities of #c1ghe liters 7#a1jjj gallons7 or less if the tank containing such fuel is clearly marked with a placard reading ,diesel ,fuel4 #cajb4 ,enhanced reporting ,section #eaba7;h7 is amended by striking transmit to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and inserting post on the ,department of ,transportation public website4 #cajc4 ,hazardous material information 7a7 ,derailment data 7#a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary shall revise the form for reporting a rail equipment accident or incident under section #bbe4ba of title #di1 ,code of ,federal ,regulations 7,form ,,fra ,f #fahj4ed1 ,rail ,equipment ,accident_/,incident ,report71 including to its instructions1 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 #bbe of that title4 7#b7 ,contents ,the data under subsection 7a7 shall include-- 7,a7 the number of rail cars carrying crude oil or ethanol2 7,b7 the number of rail cars carrying crude oil or ethanol damaged or derailed2 and 7,c7 the number of rail cars releasing crude oil or ethanol4 7#c7 ,differentiation ,the data described in paragraph 7#b7 shall be reported separately for crude oil and for ethanol4 7b7 ,database connectivity 7#a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary shall implement information management practices to ensure that the ,pipeline and ,hazardous ,materials ,safety ,administration ,hazardous ,materials ,incident ,reports ,database 7referred to in this section as ,incident ,reports ,database7 and the ,federal ,railroad ,administration ,railroad ,safety ,information ,system contain accurate and consistent data on a reportable rail equipment accident or incident under part #bbe of title #di1 ,code of ,federal ,regulations1 involving the release of hazardous materials4 7#b7 ,identifiers ,the ,secretary shall ensure that the ,incident ,reports ,database uses a searchable ,federal ,railroad ,administration report number1 or other applicable unique identifier that is linked to the ,federal ,railroad ,safety ,information ,system1 for each reportable rail equipment accident or incident under part #bbe of title #di1 ,code of ,federal ,regulations1 involving the release of hazardous materials4 7c7 ,evaluation 7#a7 ,in general ,the ,department of ,transportation ,inspector ,general shall-- 7,a7 evaluate the accuracy of information in the ,incident ,reports ,database1 including determining whether any inaccuracies exist in-- 7i7 the type of hazardous materials released2 7ii7 the quantity of hazardous materials released2 7iii7 the location of hazardous materials released2 7iv7 the damages or effects of hazardous materials released2 and 7v7 any other data contained in the database2 and 7,b7 considering the requirements in subsection 7b71 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 ,administration1 including whether the ,incident ,reports ,database uses a searchable identifier described in subsection 7b77#b74 7#b7 ,report ,not later than #ah months after the date of enactment of this ,act1 the ,inspector ,general of the ,department of ,transportation shall submit to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives a report of the findings under subparagraphs 7,a7 and 7,b7 of paragraph 7#a7 and recommendations for resolving any inconsistencies or inaccuracies4 7d7 ,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 #bbe of title #di1 ,code of ,federal ,regulations4 #cajd4 ,hazardous materials training requirements and grants ,section #eajg7;e7 is amended to read as follows3 7e7 ,training grants 7#a7 ,in general ,subject to the availability of funds under section #eabh7;c71 the ,secretary shall make grants under this subsection-- 7,a7 for training instructors to train-- 7i7 hazmat employees2 7ii7 employees who enforce the hazardous materials regulations2 7iii7 employees who respond to hazardous materials incidents2 or 7iv7 a combination of the employees described in clauses 7i7 through 7iii72 and 7,b7 to the extent the ,secretary considers appropriate1 for such instructors to train-- 7i7 hazmat employees2 7ii7 employees who enforce the hazardous materials regulations2 7iii7 employees who respond to hazardous materials incidents2 or 7iv7 a combination of the employees described in clauses 7i7 through 7iii74 7#b7 ,eligibility ,grants under this subsection shall be made on a competitive basis to organizations that-- 7,a7 train on a not-for-profit basis-- 7i7 hazmat employees2 7ii7 employees who enforce the hazardous materials regulations2 7iii7 employees who respond to hazardous materials incidents2 or 7iv7 a combination of the employees described in clauses 7i7 through 7iii72 and 7,b7 demonstrate-- 7i7 expertise in conducting a training program for #a or more of the groups of employees described in clauses 7i7 through 7iii7 of subparagraph 7,a72 and 7ii7 the ability to reach and involve in a training program a target population of #a or more of the groups of employees described in clauses 7i7 through 7iii7 of subparagraph 7,a74 4 #caje4 ,national emergency and disaster response 7a7 ,purpose ,section #eaja is amended by inserting and and to facilitate the safe movement of hazardous materials during national emergencies after commerce4 7b7 ,general regulatory authority ,section #eajc is amended-- 7#a7 by redesignating subsections 7c7 and 7d7 as subsections 7d7 and 7e71 respectively2 and 7#b7 by inserting after subsection 7b7 the following3 7c7 ,federally declared disaster and emergency areas ,the ,secretary1 in consultation with the ,secretary of ,homeland ,security1 may prescribe standards to facilitate the safe movement of hazardous materials into1 from1 and within a federally declared disaster area or a national emergency area4 4 #cajf4 ,authorization of appropriations ,section #eabh is amended to read as follows3 #eabh4 ,authorization of appropriations 7a7 ,in general ,there are authorized to be appropriated to the ,secretary to carry out this chapter 7except sections #eajg7;e71 #eajh7;g77#b71 #eaac1 #eaae1 #eaaf1 and #eaai7-- 7#a7 #db1gfb1jjj for fiscal year #bjaf2 7#b7 #dc1ffj1jjj for fiscal year #bjag2 7#c7 #dd1egg1jjj for fiscal year #bjah2 7#d7 #df1dfi1jjj for fiscal year #bjai2 7#e7 #dg1dde1jjj for fiscal year #bjbj2 and 7#f7 #dh1dda1jjj for fiscal year #bjba4 7b7 ,hazardous ,materials ,emergency ,preparedness ,fund ,from the ,hazardous ,materials ,emergency ,preparedness ,fund established under section #eaaf7;i71 the ,secretary may expend1 during each of fiscal years #bjaf through #bjba-- 7#a7 #ahh1jjj to carry out section #eaae2 7#b7 #ba1hjj1jjj to carry out subsections 7a7 and 7b7 of section #eaaf1 of which not less than #ac1fej1jjj shall be available to carry out section #eaaf7;b72 7#c7 #aej1jjj to carry out section #eaaf7;f72 7#d7 #fbe1jjj to publish and distribute the ,emergency ,response ,guidebook under section #eaaf7;i77#c72 and 7#e7 #a1jjj1jjj to carry out section #eaaf7;j74 7c7 ,hazardous materials training grants ,from the ,hazardous ,materials ,emergency ,preparedness ,fund established pursuant to section #eaaf7;i71 the ,secretary may expend #d1jjj1jjj for each of the fiscal years #bjaf through #bjba to carry out section #eajg7;e74 7d7 ,credits to appropriations 7#a7 ,expenses ,in addition to amounts otherwise made available to carry out this chapter1 the ,secretary may credit amounts received from a ,state1 ,indian tribe1 or other public authority or private entity for expenses the ,secretary incurs in providing training to the ,state1 authority1 or entity4 7#b7 ,availability of amounts ,amounts made available under this section shall remain available until expended4 4 ,,iv ,highway and motor vehicle safety ,a ,highway traffic safety ,i ,highway safety #daja4 ,authorization of appropriations 7a7 ,in general ,the following sums are authorized to be appropriated out of the ,highway ,trust ,fund 7other than the ,mass ,transit ,account73 7#a7 ,highway safety programs ,for carrying out section #djb of title #bc1 ,united ,states ,code-- 7,a7 #bdc1ebf1ejj for fiscal year #bjaf2 7,b7 #beb1bfg1igb for fiscal year #bjag2 7,c7 #bfa1bbi1bhh for fiscal year #bjah2 7,d7 #bgj1dae1dbi for fiscal year #bjai2 7,e7 #bgi1hca1dhb for fiscal year #bjbj2 and 7,f7 #bhi1dhb1fdf for fiscal year #bjba4 7#b7 ,highway safety research and development ,for carrying out section #djc of title #bc1 ,united ,states ,code-- 7,a7 #acg1hce1jjj for fiscal year #bjaf2 7,b7 #adj1gbi1ece for fiscal year #bjag2 7,c7 #adc1fhd1hee for fiscal year #bjah2 7,d7 #adf1gjb1bcg for fiscal year #bjai2 7,e7 #adi1ghb1ihd for fiscal year #bjbj2 and 7,f7 #aeb1ibh1dbg for fiscal year #bjba4 7#c7 ,national priority safety programs ,for carrying out section #dje of title #bc1 ,united ,states ,code-- 7,a7 #bgd1gbj1jjj for fiscal year #bjaf2 7,b7 #bgg1dfg1bjj for fiscal year #bjag2 7,c7 #bhj1bda1hgb for fiscal year #bjah2 7,d7 #bhc1jdd1bia for fiscal year #bjai2 7,e7 #bhe1hgd1gcd for fiscal year #bjbj2 and 7,f7 #bhh1gcc1dha for fiscal year #bjba4 7#d7 ,national driver register ,for the ,national ,highway ,traffic ,safety ,administration to carry out chapter #cjc of title #di1 ,united ,states ,code-- 7,a7 #c1egc1ejj for fiscal year #bjaf2 7,b7 #c1fdh1edd for fiscal year #bjag2 7,c7 #c1gbe1afc for fiscal year #bjah2 7,d7 #c1hjc1cia for fiscal year #bjai2 7,e7 #c1hhc1bfc for fiscal year #bjbj2 and 7,f7 #c1ifd1haa for fiscal year #bjba4 7#e7 ,high visibility enforcement program ,for carrying out section #bjji of ,,safetea-,,lu 7#bc ,u4,s4,c4 #djb note7-- 7,a7 #bi1bij1jjj for fiscal year #bjaf2 7,b7 #bi1ehb1ijj for fiscal year #bjag2 7,c7 #bi1hgh1gbi for fiscal year #bjah2 7,d7 #cj1agg1eaf for fiscal year #bjai2 7,e7 #cj1dgi1bia for fiscal year #bjbj2 and 7,f7 #cj1ghd1jhd for fiscal year #bjba4 7#f7 ,administrative expenses ,for administrative and related operating expenses of the ,national ,highway ,traffic ,safety ,administration in carrying out chapter #d of title #bc1 ,united ,states ,code1 and this subtitle-- 7,a7 #be1gee1jjj for fiscal year #bjaf2 7,b7 #bf1jab1eej for fiscal year #bjag2 7,c7 #bf1bgb1fgf for fiscal year #bjah2 7,d7 #bf1ece1djb for fiscal year #bjai2 7,e7 #bf1hjj1gef for fiscal year #bjbj2 and 7,f7 #bg1jfh1gfd for fiscal year #bjba4 7b7 ,prohibition on other uses ,except as otherwise provided in chapter #d of title #bc1 ,united ,states ,code1 in this subtitle1 and in the amendments made by this subtitle1 the amounts made available from the ,highway ,trust ,fund 7other than the ,mass ,transit ,account7 for a program under such chapter-- 7#a7 shall only be used to carry out such program2 and 7#b7 may not be used by ,states or local governments for construction purposes4 7c7 ,applicability of title #bc ,except as otherwise provided in chapter #d of title #bc1 ,united ,states ,code1 and in this subtitle1 amounts made available under subsection 7a7 for fiscal years #bjaf through #bjba shall be available for obligation in the same manner as if such funds were apportioned under chapter #a of title #bc1 ,united ,states ,code4 7d7 ,regulatory authority ,grants awarded under this subtitle shall be in accordance with regulations issued by the ,secretary4 7e7 ,state matching requirements ,if a grant awarded under this subtitle requires a ,state to share in the cost1 the aggregate of all expenditures for highway safety activities made during any fiscal year by the ,state and its political subdivisions 7exclusive of ,federal funds7 for carrying out the grant 7other than planning and administration7 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 7other than planning or administration7 without regard to whether such expenditures were actually made in connection with such project4 7f7 ,grant application and deadline ,to receive a grant under this subtitle1 a ,state shall submit an application1 and the ,secretary shall establish a single deadline for such applications to enable the award of grants early in the next fiscal year4 7g7 ,transfers ,section #dje7;a77#a77;,g7 of title #bc1 ,united ,states ,code1 is amended to read as follows3 7,g7 ,transfers ,notwithstanding subparagraphs 7,a7 through 7,f71 the ,secretary shall reallocate1 before the last day of any fiscal year1 any amounts remaining available of the amounts allocated to carry out any of the activities described in subsections 7b7 through 7g7 to increase the amount made available to carry out section #djb1 in order to ensure1 to the maximum extent possible1 that all such amounts are obligated during such fiscal year4 4 #dajb4 ,highway safety programs 7a7 ,restriction ,section #djb7;g7 of title #bc1 ,united ,states ,code1 is amended to read as follows3 7g7 ,restriction ,nothing in this section may be construed to authorize the appropriation or expenditure of funds for highway construction1 maintenance1 or design 7other than design of safety features of highways to be incorporated into guidelines74 4 7b7 ,use of funds 7#a7 ,highway safety programs ,section #djb7;c7 of title #bc1 ,united ,states ,code1 is amended by inserting ,a ,state may transfer the funds apportioned under this section to a political subdivision of a ,state1 including ,indian tribal governments4 after neighboring ,states44 7#b7 ,national priority safety programs ,section #dje7;a77#a7 is amended by adding at the end the following3 7,i7 ,political subdivisions ,a ,state may transfer the funds apportioned under this section to a political subdivision of a ,state1 including ,indian tribal governments4 4 7c7 ,tracking process ,section #dab of title #bc1 ,united ,states ,code1 is amended by adding at the end the following3 7f7 ,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 reviews4 4 7d7 ,highway safety plans ,section #djb7k77#e77;,a7 of title #bc1 ,united ,states ,code1 is amended by striking #fj and inserting #cj4 7e7 ,maintenance of effort ,section #dje7;a77#a77;,h7 of title #bc1 ,united ,states ,code1 is amended to read as follows3 7,h7 ,maintenance of effort certification ,as part of the grant application required in section #djb7k77#c77;,f71 a ,state receiving a grant in any fiscal year under subsection 7b71 subsection 7c71 or subsection 7d7 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 #b fiscal years prior to the date of enactment of the ,comprehensive ,transportation and ,consumer ,protection ,act of #bjae4 4 #dajc4 ,grants for alcohol-ignition interlock laws and #bd-g sobriety programs ,section #dje7;d7 of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#f7-- 7,a7 by amending the heading to read as follows3 ,grants to ,states for alcohol-ignition interlock laws and #bd-g sobriety programs4--2 and 7,b7 by amending subparagraph 7,a7 to read as follows3 7,a7 ,alcohol-ignition interlock laws and #bd-g sobriety programs 7i7 ,in general ,the ,secretary shall make a separate grant under this subsection to each ,state that-- 7,i7 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 privileges2 and 7,,ii7 either-- 7aa7 except as provided under clause 7ii71 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 intoxicated2 or 7bb7 provides a #bd-g sobriety program4 7ii7 ,exceptions ,a ,state alcohol-ignition interlock law under clause 7i77,,ii77aa7 may include exceptions for the following circumstances3 7,i7 ,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 individual4 7,,ii7 ,the individual is certified by a medical doctor as being unable to provide a deep lung breath sample for analysis by an ignition interlock device4 2 7#b7 in paragraph 7#g77;,a7-- 7,a7 in the matter preceding clause 7i7-- 7i7 by striking or a ,state agency and inserting or an agency with jurisdiction2 and 7ii7 by inserting bond1 before sentence2 7,b7 in clause 7i71 by striking who plead guilty or and inserting who was arrested1 plead guilty1 or2 and 7,c7 in clause 7ii71 by inserting at an in-person testing location after per day2 and 7#c7 in paragraph 7#a77;,a71 by adding 1 including #bd-g sobriety programs after and drugs4 #dajd4 ,study on the national roadside survey of alcohol and drug use by drivers ,not later than #ahj 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 stakeholders1 the differences between a ,national ,roadside ,survey site and typical law enforcement checkpoints1 and the effectiveness of the ,national ,roadside ,survey methodology at protecting the privacy of the driving public1 as requested by the ,committee on ,appropriations of the ,senate on ,june #e1 #bjad 7,senate ,report #aac-ahb71 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 report4 ,,ii ,stop ,motorcycle ,checkpoint ,funding ,act #daba4 ,short title ,this part may be cited as the ,stop ,motorcycle ,checkpoint ,funding ,act4 #dabb4 ,grant restriction ,notwithstanding section #aec of title #bc1 ,united ,states ,code1 the ,secretary may not provide a grant or any funds to a ,state1 county1 town1 township1 ,indian tribe1 municipality1 or other local government that may be used for any program-- 7#a7 to check helmet usage2 or 7#b7 to create checkpoints that specifically target motorcycle operators or motorcycle passengers4 ,,iii ,improving ,driver ,safety ,act of #bjae #daca4 ,short title ,this part may be cited as the ,improving ,driver ,safety ,act of #bjae4 #dacb4 ,distracted driving incentive grants ,section #dje7;e7 of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#a71 by inserting includes distracted driving issues as part of the ,state's driver's license examination and after any ,state that2 7#b7 in paragraph 7#b7-- 7,a7 in subparagraph 7,b71 by striking and at the end2 7,b7 in subparagraph 7,c77ii71 by striking the period at the end and inserting 2 and2 and 7,c7 by adding at the end the following3 7,d7 does not provide for an exception that specifically allows a driver to text through a personal wireless communication device while stopped in traffic4 2 7#c7 in paragraph 7#c7-- 7,a7 by striking subparagraph 7,c72 7,b7 by redesignating subparagraph 7,d7 as subparagraph 7,c72 7,c7 in subparagraph 7,c77ii71 as redesignated1 by striking the period at the end and inserting 2 and2 and 7,d7 by adding at the end the following3 7,d7 does not provide for an exception that specifically allows a driver younger than #ah years of age to use a personal wireless communication device while stopped in traffic4 2 7#d7 in paragraph 7#d77;,c71 by striking section #caaeb and inserting section #caacf2 7#e7 by amending paragraph 7#f7 to read as follows3 7#f7 ,additional distracted driving grants 7,a7 ,in general ,notwithstanding paragraph 7#a71 the ,secretary shall use up to #ej percent of the amounts available for grants under this subsection to award grants to any ,state that-- 7i7 in fiscal years #bjag and #bjah-- 7,i7 certifies that it has enacted a basic text messaging statute that-- 7aa7 is applicable to drivers of all ages2 and 7bb7 makes violation of the basic text messaging statute a primary offense or secondary enforcement action as allowed by ,state statute2 and 7,,ii7 is otherwise ineligible for a grant under this subsection2 and 7ii7 in fiscal years #bjai through #bjba-- 7,i7 meets the requirements under clause 7i72 7,,ii7 imposes increased fines for repeat violations2 and 7,,iii7 has a statute that prohibits drivers who are younger than #ah years of age from using a personal wireless communications device while driving4 7,b7 ,use of grant funds 7i7 ,in general ,notwithstanding paragraph 7#e7 and subject to clauses 7ii7 and 7iii7 of this subparagraph1 amounts received by a ,state under subparagraph 7,a7 may be used for activities related to the enforcement of distracted driving laws1 including for public information and awareness purposes4 7ii7 ,fiscal years #bjag and #bjah ,in fiscal years #bjag and #bjah1 up to #ae percent of the amounts received by a ,state under subparagraph 7,a7 may be used for any eligible project or activity under section #djb4 7iii7 ,fiscal year #bjai through #bjba ,in fiscal year #bjai through #bjba1 up to #be percent of the amounts received by a ,state under subparagraph 7,a7 may be used for any eligible project or activity under section #djb4 2 and 7#f7 in paragraph 7#i77;,a77i71 by striking 1 including operation while temporarily stationary because of traffic1 a traffic light or stop sign1 or otherwise4 #dacc4 ,barriers to data collection report ,not later than #ahj days after the date of the enactment of this ,act1 the ,national ,highway ,traffic ,safety ,administration shall submit a report to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate1 the ,committee on ,energy and ,commerce of the ,house of ,representatives1 and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives that-- 7#a7 identifies any legal and technical barriers to capturing adequate data on the prevalence of the use of wireless communications devices while driving2 and 7#b7 provides recommendations on how to address such barriers4 ,,iv ,technical and conforming amendments #dada4 ,technical corrections to the ,motor ,vehicle and ,highway ,safety ,improvement ,act of #bjab 7a7 ,highway safety programs ,section #djb of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7b77#a77;,c71 by striking except as provided in paragraph 7#c712 7#b7 in subsection 7b77#a77;,e7-- 7,a7 by striking in which a ,state and inserting for which a ,state2 and 7,b7 by striking subsection 7f7 and inserting subsection 7k72 and 7#c7 in subsection 7k77#d71 by striking paragraph 7#b77;,a7 and inserting paragraph 7#c77;,a74 7b7 ,highway safety research and development ,section #djc7;e7 of title #bc1 ,united ,states ,code1 is amended by inserting of title #di after chapter #cja4 7c7 ,national priority safety programs ,section #dje of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7d77#e71 by striking section #djb7;c7 and inserting section #djb2 and 7#b7 in subsection 7f77#d77;,a77iv71 by striking developed under subsection 7g74 ,b ,vehicle safety #dbja4 ,authorization of appropriations ,there are authorized to be appropriated to the ,secretary to carry out chapter #cja of title #di1 and part ,c of subtitle ,,vi of title #di1 ,united ,states ,code-- 7#a7 #acb1gcj1jjj for fiscal year #bjaf2 7#b7 #ace1eag1ccj for fiscal year #bjag2 7#c7 #ach1cfc1aid for fiscal year #bjah2 7#d7 #ada1bfh1hba for fiscal year #bjai2 7#e7 #add1bce1dff for fiscal year #bjbj2 and 7#f7 #adg1bfd1daa for fiscal year #bjba4 #dbjb4 ,inspector ,general recommendations 7a7 ,in general ,not later than #ij days after the date of enactment of this ,act1 and periodically thereafter until the completion date1 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 #ah1 #bjae 7,,st-#bjae-jfc74 7b7 ,implementation progress ,the ,administrator of the ,national ,highway ,traffic ,safety ,administration shall-- 7#a7 not later than #ij days after the date of enactment of this ,act1 and periodically thereafter until the completion date1 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 7a71 including a plan for implementing any remaining recommendations2 and 7#b7 not later than #a year after the date of enactment of this ,act1 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 7a74 7c7 ,definitions ,in this section3 7#a7 ,appropriate committees of ,congress ,the term appropriate committees of ,congress means the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,energy and ,commerce of the ,house of ,representatives4 7#b7 ,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 #ah1 #bjae 7,,st-#bjae-jfc74 #dbjc4 ,improvements in availability of recall information 7a7 ,vehicle recall information ,not later than #b years after the date of enactment of this ,act1 the ,secretary shall implement current information technology1 web design trends1 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 use1 including-- 7#a7 by improving the organization1 availability1 readability1 and functionality of the website2 7#b7 by accommodating high-traffic volume2 and 7#c7 by establishing best practices for scheduling routine website maintenance4 7b7 ,government ,accountability ,office public awareness report 7#a7 ,in general ,the ,comptroller ,general shall study the current use by consumers1 dealers1 and manufacturers of the safety recall information made available to the public1 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 information4 7#b7 ,report ,not later than #b years after the date of enactment of this ,act1 the ,comptroller ,general shall issue a report with the findings of the study under paragraph 7#a71 including recommending any actions the ,secretary can take to improve public awareness and use of the websites for safety recall information4 7c7 ,promotion of public awareness ,section #cacja7;c7 of the ,moving ,ahead for ,progress in the #bast ,century ,act 7#di ,u4,s4,c4 #cjaff note7 is amended to read as follows3 7c7 ,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 consumers1 dealers1 and manufacturers1 such as through public service announcements4 4 7d7 ,consumer guidance ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall make available to the public on the ,internet detailed guidance for consumers submitting safety complaints1 including-- 7#a7 a detailed explanation of what information a consumer should include in a complaint2 and 7#b7 a detailed explanation of the possible actions the ,national ,highway ,traffic ,safety ,administration can take to address a complaint and respond to the consumer1 including information on-- 7,a7 the consumer records1 such as photographs and police reports1 that could assist with an investigation2 and 7,b7 the length of time a consumer should retain the records described in subparagraph 7,a74 7e7 ,,vin search 7#a7 ,in general ,the ,secretary1 in coordination with industry1 including manufacturers and dealers1 shall study-- 7,a7 the feasibility of searching multiple vehicle identification numbers at a time to retrieve motor vehicle safety recall information2 and 7,b7 the feasibility of making the search mechanism described under subparagraph 7,a7 publicly available4 7#b7 ,considerations ,in conducting the study under paragraph 7#a71 the ,secretary shall consider the potential costs1 and potential risks to privacy and security in implementing such a search mechanism4 #dbjd4 ,recall process 7a7 ,notification by manufacturer ,section #cjaah7;c7 is amended by inserting or electronic mail after certified mail4 7b7 ,recall completion rates report 7#a7 ,in general ,not later than #a year after the date of enactment of this ,act1 and biennially thereafter for #d years1 the ,secretary shall-- 7,a7 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 rates2 and 7,b7 submit to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,energy and ,commerce of the ,house of ,representatives a report on the results of the analysis4 7#b7 ,contents ,each report shall include-- 7,a7 the annual recall completion rate by manufacturer1 component 7such as brakes1 fuel systems1 and air bags71 and vehicle type 7passenger car1 sport utility vehicle1 passenger van1 and pick-up truck7 for each of the #e years before the year the report is submitted2 7,b7 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 rates2 and 7,c7 the actions the ,secretary has planned to improve recall completion rates based on the results of this data analysis4 7#c7 ,inspector ,general audit of vehicle recalls 7,a7 ,in general ,the ,department of ,transportation ,inspector ,general shall conduct an audit of the ,national ,highway ,traffic ,safety ,administration's management of vehicle safety recalls4 7,b7 ,contents ,the audit shall include a determination of whether the ,national ,highway ,traffic ,safety ,administration-- 7i7 appropriately monitors recalls to ensure the appropriateness of scope and adequacy of recall completion rates and remedies2 7ii7 ensures manufacturers provide safe remedies1 at no cost to consumers2 7iii7 is capable of coordinating recall remedies and processes2 and 7iv7 can improve its policy on consumer notice to combat effects of recall fatigue4 #dbje4 ,pilot grant program for ,state notification to consumers of motor vehicle recall status 7a7 ,in general ,not later than ,october #a1 #bjaf1 the ,secretary shall implement a #b-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 ,state4 7b7 ,grants ,to carry out this program1 the ,secretary may make a grant to each eligible ,state1 but not more than #f eligible ,states in total1 that agrees to comply with the requirements under subsection 7c74 ,funds made available to a ,state under this section shall be used by the ,state for the pilot program described in subsection 7a74 7c7 ,eligibility ,to be eligible for a grant1 a ,state shall-- 7#a7 submit an application in such form and manner as the ,secretary prescribes2 7#b7 agree to notify1 at the time of registration1 each owner or lessee of a motor vehicle presented for registration in the ,state of any open recall on that vehicle2 7#c7 provide the open motor vehicle recall information at no cost to each owner or lessee of a motor vehicle presented for registration in the ,state2 and 7#d7 provide such other information as the ,secretary may require4 7d7 ,awards ,in selecting an applicant for an award under this section1 the ,secretary shall consider the ,state's methodology for determining open recalls on a motor vehicle1 for informing consumers of the open recalls1 and for determining performance4 7e7 ,performance period ,each grant awarded under this section shall require a #b-year performance period4 7f7 ,report ,not later than #ij days after the completion of the performance period under subsection 7e71 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 remedied4 7g7 ,evaluation ,not later than #ahj days after the completion of the pilot program1 the ,secretary shall evaluate the extent to which open recalls identified have been remedied4 7h7 ,definitions ,in this section3 7#a7 ,consumer ,the term consumer includes owner and lessee4 7#b7 ,motor vehicle ,the term motor vehicle has the meaning given the term under section #cjajb7;a7 of title #di1 ,united ,states ,code4 7#c7 ,open recall ,the term open recall means a recall for which a notification by a manufacturer has been provided under section #cjaai of title #di1 ,united ,states ,code1 and that has not been remedied under section #cjabj of that title4 7#d7 ,registration ,the term registration means the process for registering motor vehicles in the ,state4 7#e7 ,state ,the term ,state has the meaning given the term under section #aja7;a7 of title #bc1 ,united ,states ,code4 #dbjf4 ,recall obligations under bankruptcy ,section #cjabj;,a is amended by striking chapter #aa of title #aa1 and inserting chapter #g or chapter #aa of title #aa4 #dbjg4 ,dealer requirement to check for open recall ,section #cjabj7;f7 is amended-- 7#a7 by inserting 7#a7 ,in general4-- before ,a manufacturer and indenting appropriately2 7#b7 in paragraph 7#a71 as redesignated1 by striking the period at the end and inserting the following3 if-- 7,a7 the dealer notifies the owner of each of the manufacturer's motor vehicles it services at the time of the service of any open recall2 and 7,b7 the notification requirement under subparagraph 7,a7 is specified in a franchise1 operating1 or other agreement between the dealer and the manufacturer4 2 and 7#c7 by adding at the end the following3 7#b7 ,definition of open recall ,in this subsection1 the term open recall means a recall for which a notification by a manufacturer has been provided under section #cjaai and that has not been remedied under this section4 4 #dbjh4 ,extension of time period for remedy of tire defects ,section #cjabj7;b7 of title #di1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#a71 by striking #fj days and inserting #ahj days2 and 7#b7 in paragraph 7#b71 by striking #fj-;day each place it appears and inserting #ahj-;day4 #dbji4 ,rental car safety 7a7 ,in general ,section #cjabj of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 7k7 ,limitation on rental of defective or noncomplying motor vehicles 7#a7 ,in general ,after receiving notification under section #cjaai of a defective or noncomplying motor vehicle or replacement equipment in the rental company's possession at the time of notification1 a rental company may rent that motor vehicle only if-- 7,a7 the defect or noncompliance is remedied1 as required by this section1 before delivery under the rental agreement2 7,b7 except as provided in paragraph 7#b71 the rental company notifies each renter in writing prior to acceptance of the rental agreement-- 7i7 of the defect or noncompliance2 and 7ii7 if the notification provided under section #cjaai 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 noncompliance1 whether that action was performed2 or 7,c7 if the notification is required by an order under section #cjaah7;b71 enforcement of the order is restrained or the order is set aside in a civil action to which section #cjaba7;d7 of this title applies4 7#b7 ,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 #cjaai during the duration of a rental agreement1 the rental company shall notify each renter1 as soon as practicable1 but not later than #bd hours after the date the rental company received the notification under section #cjaai4 7#c7 ,construction ,nothing in this subsection may be construed to prohibit a rental company from offering a motor vehicle for rent4 7#d7 ,definition of rental company ,in this subsection1 the term rental company means a person who is engaged in the business of renting a motor vehicle that-- 7,a7 has a gross vehicle weight rating of #aj1jjj pounds or less2 7,b7 is rented without a driver for an initial term of less than #d months2 and 7,c7 is part of a motor vehicle fleet of #e or more motor vehicles that are used for rental purposes4 4 7b7 ,effective date ,the amendment made by subsection 7a7 shall take effect #a year after the date of enactment of this ,act4 #dbaj4 ,motor vehicle equipment ,section #cjajb7g77;,c7 of title #di1 ,united ,states ,code1 is amended by inserting 1 excluding portable wireless communications devices and associated applications and software used with such devices1 which do not operate or control a critical or primary system1 part1 or component of a motor vehicle1 after device4 #dbaa4 ,transfer to ,highway ,trust ,fund of certain motor vehicle safety penalties 7a7 ,in general ,paragraph 7#e7 of section #iejc7;b7 of the ,internal ,revenue ,code of #aihf is amended-- 7#a7 by striking ,there are hereby and inserting the following3 7,a7 ,in general ,there are hereby 1 and 7#b7 by adding at the end the following3 7,b7 ,penalties related to motor vehicle safety 7i7 ,in general ,there are hereby appropriated to the ,highway ,trust ,fund amounts equivalent to covered motor vehicle safety penalty collections4 7ii7 ,covered motor vehicle safety penalty collections ,for purposes of this subparagraph1 the term covered motor vehicle safety penalty collections means any amount collected in connection with a civil penalty under section #cjafe of title #di1 ,united ,states ,code1 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 #cja of such title which is a predicate to such civil penalty4 4 7b7 ,effective date ,the amendments made by this section shall apply to amounts collected after the date of enactment of this ,act4 ,c ,research and development and vehicle electronics #dcja4 ,report on operations of the ,council for ,vehicle ,electronics1 ,vehicle ,software1 and ,emerging ,technologies ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall submit to the ,committee on ,commerce1 ,science1 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 ,electronics1 ,vehicle ,software1 and ,emerging ,technologies established under section #cadja of the ,moving ,ahead for ,progress in the #bast ,century ,act 7#di ,u4,s4,c4 #aje note74 ,the report shall include information about the accomplishments of the ,council1 the role of the ,council in integrating and aggregating electronic and emerging technologies expertise across the ,national ,highway ,traffic ,safety ,administration1 the role of the ,council in coordinating with other ,federal agencies1 and the priorities of the ,council over the next #e years4 #dcjb4 ,cooperation with foreign governments 7a7 ,title #di amendment ,section #cjahb7;b7 is amended-- 7#a7 in paragraph 7#d71 by striking 2 and and inserting a semicolon2 7#b7 in paragraph 7#e71 by striking the period at the end and inserting 2 and2 and 7#c7 by inserting after paragraph 7#e7 the following3 7#f7 in coordination with ,department of ,state1 enter into cooperative agreements and collaborative research and development agreements with foreign governments4 4 7b7 ,title #bc amendment ,section #djc of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7b77#b77;,c71 by inserting foreign government1 in coordination with the ,department of ,state1 after institution12 and 7#b7 in subsection 7c77#a77;,a71 by inserting foreign governments1 after local governments14 7c7 ,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 agreements1 including any cooperative agreements between the ,secretary of ,transportation and foreign governments under section #cjahb7;b77#f7 of title #di1 ,united ,states ,code1 and subsections 7b77#b77;,c7 and 7c77#a77;,a7 of title #bc1 ,united ,states ,code4 ,d ,miscellaneous provisions ,i ,driver ,privacy ,act of #bjae #ddja4 ,short title ,this part may be cited as the ,driver ,privacy ,act of #bjae4 #ddjb4 ,limitations on data retrieval from vehicle event data recorders 7a7 ,ownership of data ,any data retained by an event data recorder 7as defined in section #efc4e of title #di1 ,code of ,federal ,regulations71 regardless of when the motor vehicle in which it is installed was manufactured1 is the property of the owner1 or1 in the case of a leased vehicle1 the lessee of the motor vehicle in which the event data recorder is installed4 7b7 ,privacy ,data recorded or transmitted by an event data recorder described in subsection 7a7 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-- 7#a7 a court or other judicial or administrative authority having jurisdiction-- 7,a7 authorizes the retrieval of the data2 and 7,b7 to the extent that there is retrieved data1 the data is subject to the standards for admission into evidence required by that court or other administrative authority2 7#b7 an owner or a lessee of the motor vehicle provides written1 electronic1 or recorded audio consent to the retrieval of the data for any purpose1 including the purpose of diagnosing1 servicing1 or repairing the motor vehicle1 or by agreeing to a subscription that describes how data will be retrieved and used2 7#c7 the data is retrieved pursuant to an investigation or inspection authorized under section #aaca7;a7 or #cjaff of title #di1 ,united ,states ,code1 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 data1 except that the vehicle identification number may be disclosed to the certifying manufacturer2 7#d7 the data is retrieved for the purpose of determining the need for1 or facilitating1 emergency medical response in response to a motor vehicle crash2 or 7#e7 the data is retrieved for traffic safety research1 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 data4 #ddjc4 ,vehicle event data recorder study 7a7 ,in general ,not later than #a year after the date of enactment of this ,act1 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 crashes4 7b7 ,rulemaking ,not later than #b years after submitting the report required under subsection 7a71 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 vehicles4 ,,ii ,safety ,through ,informed ,consumers ,act of #bjae #ddba4 ,short title ,this part may be cited as the ,safety ,through ,informed ,consumers ,act of #bjae4 #ddbb4 ,passenger motor vehicle information ,section #cbcjb is amended by inserting after subsection 7b7 the following3 7c7 ,crash avoidance ,not later than #a year after the date of enactment of the ,safety ,through ,informed ,consumers ,act of #bjae1 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 manufacturers4 4 ,v ,railroad ,reform1 ,enhancement1 and ,efficiency #ejja4 ,passenger transportation2 definitions ,section #bdajb is amended-- 7#a7 by redesignating paragraphs 7#e7 through 7#i7 as paragraphs 7#f7 through 7#aj71 respectively2 7#b7 by inserting after paragraph 7#d71 the following3 7#e7 long-distance route means a route described in paragraph 7#f77;,c74 2 7#c7 by amending paragraph 7#f77;,a71 as redesignated1 to read as follows3 7,a7 the ,northeast ,corridor main line between ,boston1 ,massachusetts and the ,virginia ,avenue interlocking in the ,district of ,columbia1 and the facilities and services used to operate and maintain that line2 2 7#d7 in paragraph 7#g71 as redesignated1 by striking the period at the end and inserting 1 except that the term ,northeast ,corridor for the purposes of chapter #bdc means the main line between ,boston1 ,massachusetts and the ,virginia ,avenue interlocking in the ,district of ,columbia1 and the facilities and services used to operate and maintain that line42 and 7#e7 by adding at the end the following3 7#aa7 state-of-good-repair means a condition in which physical assets1 both individually and as a system1 are-- 7,a7 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 them2 and 7,b7 sustained through regular maintenance and replacement programs4 7#ab7 ,state-supported route means a route described in paragraph 7#f77;,b7 or paragraph 7#f77;,d71 or in section #bdgjb7;a74 4 ,a ,authorization of appropriations #eaja4 ,authorization of grants to ,amtrak 7a7 ,in general ,there are authorized to be appropriated to the ,secretary for the use of ,amtrak for deposit into the accounts established under section #bdcai7;a7 of title #di1 ,united ,states ,code1 the following amounts3 7#a7 ,for fiscal year #bjaf1 #a1dej1jjj1jjj4 7#b7 ,for fiscal year #bjag1 #a1eej1jjj1jjj4 7#c7 ,for fiscal year #bjah1 #a1gjj1jjj1jjj4 7#d7 ,for fiscal year #bjai1 #a1ijj1jjj1jjj4 7b7 ,project management oversight ,the ,secretary may withhold up to one half of #a percent of the amount appropriated under subsection 7a7 for the costs of management oversight of ,amtrak4 7c7 ,competition ,in administering grants to ,amtrak under section #bdcah of title #di1 ,united ,states ,code1 the ,secretary may withhold1 from amounts that would otherwise be made available to ,amtrak1 such sums as are necessary from the amount appropriated under subsection 7a7 of this section to cover the operating subsidy described in section #bdgaa7;b77#a77;,e77ii7 of title #di1 ,united ,states ,code4 7d7 ,state-,supported ,route ,committee ,the ,secretary may withhold up to #b1jjj1jjj from the amount appropriated in each fiscal year under subsection 7a7 of this section for the use of the ,state-,supported ,route ,committee established under section #bdgab of title #di1 ,united ,states ,code4 7e7 ,northeast ,corridor ,commission ,the ,secretary may withhold up to #e1jjj1jjj from the amount appropriated in each fiscal year under subsection 7a7 of this section for the use of the ,northeast ,corridor ,commission established under section #bdije of title #di1 ,united ,states ,code4 #eajb4 ,national infrastructure and safety investments 7a7 ,in general ,there are authorized to be appropriated to the ,secretary for grants under chapter #bdd of title #di1 ,united ,states ,code1 the following amounts3 7#a7 ,for fiscal year #bjaf1 #cej1jjj1jjj4 7#b7 ,for fiscal year #bjag1 #dcj1jjj1jjj4 7#c7 ,for fiscal year #bjah1 #fjj1jjj1jjj4 7#d7 ,for fiscal year #bjai1 #ijj1jjj1jjj4 7b7 ,project management oversight ,the ,secretary may withhold up to #a percent from the amount appropriated under subsection 7a7 of this section for the costs of project management oversight of grants carried out under chapter #bdd of title #di1 ,united ,states ,code4 #eajc4 ,authorization of appropriations for ,national ,transportation ,safety ,board rail investigations 7a7 ,in general ,notwithstanding any other provision of law1 there are authorized to be appropriated to the ,national ,transportation ,safety ,board to carry out railroad accident investigations under section #aaca7;a77#a77;,c7 of title #di1 ,united ,states ,code1 the following amounts3 7#a7 ,for fiscal year #bjaf1 #f1cjj1jjj4 7#b7 ,for fiscal year #bjag1 #f1djj1jjj4 7#c7 ,for fiscal year #bjah1 #f1ejj1jjj4 7#d7 ,for fiscal year #bjai1 #f1fjj1jjj4 7b7 ,investigation personnel ,amounts appropriated under subsection 7a7 of this section shall be available to the ,national ,transportation ,safety ,board for personnel1 in regional offices and in ,washington1 ,,dc1 whose duties involve railroad accident investigations4 #eajd4 ,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 amounts3 7#a7 ,for fiscal year #bjaf1 #bj1jjj1jjj4 7#b7 ,for fiscal year #bjag1 #bj1ejj1jjj4 7#c7 ,for fiscal year #bjah1 #ba1jjj1jjj4 7#d7 ,for fiscal year #bjai1 #ba1ejj1jjj4 #eaje4 ,national cooperative rail research program 7a7 ,in general ,section #bdiaj is amended-- 7#a7 in subsection 7b7-- 7,a7 in paragraph 7#ab71 by striking and2 7,b7 in paragraph 7#ac71 by striking the period at the end and inserting 2 and2 and 7,c7 by adding at the end the following3 7#ad7 to improve the overall safety of intercity passenger and freight rail operations4 2 and 7#b7 by amending subsection 7e7 to read as follows3 7e7 ,allocation ,at least #e1jjj1jjj 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 section4 4 ,b ,amtrak reform #ebja4 ,amtrak grant process 7a7 ,requirements and procedures ,chapter #bdc is amended by adding at the end the following3 #bdcag4 ,costs and revenues 7a7 ,allocation ,not later than #ahj days after the date of enactment of the ,comprehensive ,transportation and ,consumer ,protection ,act of #bjae1 ,amtrak shall establish and maintain internal controls to ensure ,amtrak's costs1 revenues1 and other compensation are appropriately and proportionally allocated to its ,northeast ,corridor train services or infrastructure1 its ,state-supported routes1 its long-distance routes1 and its other national network activities4 7b7 ,rule of construction ,nothing in this section shall be construed to limit the ability of ,amtrak to enter into an agreement with #a or more ,states to allocate operating and capital costs under section #bji of the ,passenger ,rail ,investment and ,improvement ,act of #bjjh 7#di ,u4,s4,c4 #bdaja note74 #bdcah4 ,grant process 7a7 ,procedures for grant requests ,not later than #ij days after the date of enactment of the ,comprehensive ,transportation and ,consumer ,protection ,act of #bjae1 the ,secretary of ,transportation shall establish and transmit to the ,committee on ,commerce1 ,science1 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 requirements1 including schedules1 for grant requests under this section4 7b7 ,grant requests ,amtrak shall transmit grant requests for ,federal funds appropriated to the ,secretary of ,transportation for the use of ,amtrak to-- 7#a7 the ,secretary2 and 7#b7 the ,committee on ,commerce1 ,science1 and ,transportation1 the ,committee on ,appropriations1 and the ,committee on the ,budget of the ,senate and the ,committee on ,transportation and ,infrastructure1 the ,committee on ,appropriations1 and the ,committee on the ,budget of the ,house of ,representatives4 7c7 ,contents ,a grant request under subsection 7b7 shall-- 7#a7 describe projected operating and capital costs for the upcoming fiscal year for ,northeast ,corridor train services and infrastructure1 ,amtrak's ,state-supported routes1 and ,amtrak's long-distance routes1 and ,amtrak's other national network activities1 as applicable1 in comparison to prior fiscal year actual financial performance2 7#b7 describe the capital projects to be funded1 with cost estimates and an estimated timetable for completion of the projects covered by the request2 7#c7 assess ,amtrak's financial condition2 7#d7 be displayed on ,amtrak's ,web site within a reasonable timeframe following its transmission under subsection 7b72 and 7#e7 describe how the funding requested in a grant will be allocated to the accounts established under section #bdcai7;a71 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 grants4 7d7 ,review and approval 7#a7 ,thirty-day approval process 7,a7 ,in general ,not later than #cj days after the date that ,amtrak submits a grant request under this section1 the ,secretary of ,transportation shall complete a review of the request and provide notice to ,amtrak that-- 7i7 the request is approved2 or 7ii7 the request is disapproved1 including the reason for the disapproval and an explanation of any incomplete or deficient items4 7,b7 ,grant agreement ,if a grant request is approved1 the ,secretary shall enter into a grant agreement with ,amtrak that allocates the grant funding to #a of the #d accounts established under section #bdcai7;a74 7#b7 ,fifteen-day modification period ,not later than #ae days after the date of the notice under paragraph 7#a77;,a77ii71 ,amtrak shall submit a modified request for the ,secretary's review4 7#c7 ,modified requests ,not later than #ae days after the date that ,amtrak submits a modified request under paragraph 7#b71 the ,secretary shall either approve the modified request1 or1 if the ,secretary finds that the request is still incomplete or deficient1 the ,secretary shall identify in writing to the ,committee on ,commerce1 ,science1 and ,transportation1 the ,committee on ,appropriations1 and the ,committee on the ,budget of the ,senate and the ,committee on ,transportation and ,infrastructure1 the ,committee on ,appropriations1 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 request4 7e7 ,payments to ,amtrak 7#a7 ,in general ,a grant agreement entered into under subsection 7d7 shall specify the operations1 services1 and other activities to be funded by the grant4 ,the grant agreement shall include provisions1 consistent with the requirements of this chapter1 to measure ,amtrak's performance and ensure accountability in delivering the operations1 services1 or activities to be funded by the grant4 7#b7 ,schedule ,except as provided in paragraph 7#c71 in each fiscal year for which amounts are appropriated to the ,secretary for the use of ,amtrak1 and for which the ,secretary and ,amtrak have entered into a grant agreement under subsection 7d71 the ,secretary shall disburse grant funds to ,amtrak on the following schedule3 7,a7 #ej percent on ,october #a4 7,b7 #be percent on ,january #a4 7,c7 #be percent on ,april #a4 7#c7 ,exceptions ,the ,secretary may make a payment to ,amtrak of appropriated funds-- 7,a7 more frequently than the schedule under paragraph 7#b7 if ,amtrak1 for good cause1 requests more frequent payment before the end of a payment period2 or 7,b7 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 year4 7f7 ,availability of amounts and early appropriations ,amounts appropriated to the ,secretary for the use of ,amtrak shall remain available until expended4 ,amounts for capital acquisitions and improvements may be appropriated for a fiscal year before the fiscal year in which the amounts will be obligated4 7g7 ,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 transportation4 #bdcai4 ,accounts 7a7 ,establishment of accounts ,beginning not later than ,october #a1 #bjaf1 ,amtrak1 in consultation with the ,secretary of ,transportation1 shall define and establish-- 7#a7 a ,northeast ,corridor investment account1 including subaccounts for ,amtrak train services and infrastructure2 7#b7 a ,state-supported account2 7#c7 a long-distance account2 and 7#d7 an other national network activities account4 7b7 ,northeast ,corridor investment account 7#a7 ,deposits ,amtrak shall deposit in the ,northeast ,corridor investment account established under subsection 7a77#a7-- 7,a7 a portion of the grant funds appropriated under the authorization in section #eaja7;a7 of the ,comprehensive ,transportation and ,consumer ,protection ,act of #bjae1 or any subsequent ,act appropriating funds for the use of ,amtrak1 as specified in a grant agreement entered into under section #bdcah2 7,b7 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 #bdije7;c72 7,c7 any operating surplus of the ,northeast ,corridor train services or infrastructure1 as allocated under section #bdcag2 and 7,d7 any other net revenue received in association with the ,northeast ,corridor1 including freight access fees1 electric propulsion1 and commercial development4 7#b7 ,use of ,northeast ,corridor investment account ,except as provided in subsection 7f71 amounts deposited in the ,northeast ,corridor investment account shall be made available for the use of ,amtrak for its share of-- 7,a7 capital projects described in section #bdijd7;a77#b77;,e77i71 and developed under the planning process established under that section1 to bring ,northeast ,corridor infrastructure to a state-of-good-repair2 7,b7 capital projects described in clauses 7ii7 and 7iv7 of section #bdijd7;a77#b77;,e7 that are developed under the planning process established under that section intended to increase corridor capacity1 improve service reliability1 and reduce travel time on the ,northeast ,corridor2 7,c7 capital projects to improve safety and security2 7,d7 capital projects to improve customer service and amenities2 7,e7 acquiring1 rehabilitating1 manufacturing1 remanufacturing1 overhauling1 or improving equipment and associated facilities used for intercity rail passenger transportation by ,northeast ,corridor train services2 7,f7 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 ,corridor2 7,g7 participation in public-private partnerships1 joint ventures1 and other mechanisms or arrangements that result in the completion of capital projects described in this paragraph2 and 7,h7 indirect1 common1 corporate1 or other costs directly incurred by or allocated to the ,northeast ,corridor4 7c7 ,state-,supported ,account 7#a7 ,deposits ,amtrak shall deposit in the ,state-supported account established under subsection 7a77#b7-- 7,a7 a portion of the grant funds appropriated under the authorization in section #eaja7;a7 of the ,comprehensive ,transportation and ,consumer ,protection ,act of #bjae1 or any subsequent ,act appropriating funds for the use of ,amtrak1 as specified in a grant agreement entered into under section #bdcah2 7,b7 any compensation received from ,states provided to ,amtrak under section #bji of the ,passenger ,rail ,investment and ,improvement ,act of #bjjh 7#db ,u4,s4,c4 #bdaja note72 and 7,c7 any operating surplus from its ,state-supported routes1 as allocated under section #bdcag4 7#b7 ,use of ,state-supported account ,except as provided in subsection 7f71 amounts deposited in the ,state-supported account shall be made available for the use of ,amtrak for capital expenses and operating costs1 including indirect1 common1 corporate1 or other costs directly incurred by or allocated to ,state-supported routes1 of its ,state-supported routes and retirement of principal and payment of interest on loans or capital leases attributable to its ,state-supported routes4 7d7 ,long-,distance ,account 7#a7 ,deposits ,amtrak shall deposit in the long-distance account established under subsection 7a77#c7-- 7,a7 a portion of the grant funds appropriated under the authorization in section #eaja7;a7 of the ,comprehensive ,transportation and ,consumer ,protection ,act of #bjae1 or any subsequent ,act appropriating funds for the use of ,amtrak1 as specified in a grant agreement entered into under section #bdcah2 7,b7 any compensation received from ,states provided to ,amtrak for costs associated with its long-distance routes2 and 7,c7 any operating surplus from its long-distance routes1 as allocated under section #bdcag4 7#b7 ,use of long-distance account ,except as provided in subsection 7f71 amounts deposited in the long-distance account shall be made available for the use of ,amtrak for capital expenses and operating costs1 including indirect1 common1 corporate1 or other costs directly incurred by or allocated to long-distance routes1 of its long-distance routes and retirement of principal and payment of interest on loans or capital leases attributable to the long-distance routes4 7e7 ,other national network activities account 7#a7 ,deposits ,amtrak shall deposit in the other national network activities account established under subsection 7a77#d7-- 7,a7 a portion of the grant funds appropriated under the authorization in section #aja7;a7 of the ,railroad ,reform1 ,enhancement1 and ,efficiency ,act1 or any subsequent ,act appropriating funds for the use of ,amtrak1 as specified in a grant agreement entered into under section #bdcah2 7,b7 any compensation received from ,states provided to ,amtrak for costs associated with its other national network activities2 and 7,c7 any operating surplus from its other national network activities4 7#b7 ,use of other national network activities account ,except as provided in subsection 7f71 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 account1 ,state-supported account1 or long-distance account1 and retirement of principal and payment of interest on loans or capital leases attributable to other national network activities4 7f7 ,transfer authority 7#a7 ,authority ,amtrak may transfer any funds appropriated under the authorization in section #eaja7;a7 of the ,comprehensive ,transportation and ,consumer ,protection ,act of #bjae1 or any subsequent ,act appropriating funds for the use of ,amtrak for deposit into the accounts described in that section1 or any surplus generated by operations1 between the ,northeast ,corridor1 ,state-supported1 long-distance1 and other national network activities accounts-- 7,a7 upon the expiration of #aj days after the date that ,amtrak notifies the ,amtrak ,board of ,directors1 including the ,secretary1 of the planned transfer2 and 7,b7 with the approval of the ,secretary4 7#b7 ,report ,not later than #e days after the date that ,amtrak notifies the ,amtrak ,board of ,directors of a planned transfer under paragraph 7#a71 ,amtrak shall transmit to the ,committee on ,commerce1 ,science1 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-- 7,a7 the amount of the transfer2 and 7,b7 a detailed explanation of the reason for the transfer1 including-- 7i7 the effects on ,amtrak services funded by the account from which the transfer is drawn1 in comparison to a scenario in which no transfer was made2 and 7ii7 the effects on ,amtrak services funded by the account receiving the transfer1 in comparison to a scenario in which no transfer was made4 7#c7 ,notifications 7,a7 ,state-supported account ,not later than #e days after the date that ,amtrak notifies the ,amtrak ,board of ,directors of a planned transfer under paragraph 7#a7 of funds to or from the ,state-supported account1 ,amtrak shall transmit to each ,state that sponsors a ,state-supported route a letter that includes the information described under subparagraphs 7,a7 and 7,b7 of paragraph 7#b74 7,b7 ,northeast ,corridor account ,not later than #e days after the date that ,amtrak notifies the ,amtrak ,board of ,directors of a planned transfer under paragraph 7#a7 of funds to or from the ,northeast ,corridor account1 ,amtrak shall transmit to the ,northeast ,corridor ,commission a letter that includes the information described under subparagraphs 7,a7 and 7,b7 of paragraph 7#b74 7g7 ,enforcement ,the ,secretary shall enforce the provisions of each grant agreement under section #bdcah7;d71 including any deposit into an account under this section4 7h7 ,letters of intent 7#a7 ,requirement ,the ,secretary may issue a letter of intent to ,amtrak announcing an intention to obligate1 for a major capital project described in clauses 7ii7 and 7iv7 of section #bdijd7;a77#b77;,e71 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 project4 7#b7 ,notice to ,congress ,at least #cj days before issuing a letter under paragraph 7#a71 the ,secretary shall notify in writing the ,committee on ,commerce1 ,science1 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 letter4 ,the ,secretary shall include with the notice a copy of the proposed letter1 the criteria used for selecting the project for a grant award1 and a description of how the project meets the criteria under this section4 7#c7 ,contingent nature of obligation or commitment ,an obligation or administrative commitment may be made only when amounts are appropriated4 ,the letter of intent shall state that the contingent commitment is not an obligation of the ,federal ,government1 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 commitment4 4 7b7 ,conforming amendments ,the table of contents for chapter #bdc is amended by adding at the end the following3 #bdcag4 ,costs and revenues4#bdcah4 ,grant process4#bdcai4 ,accounts4 4 7c7 ,repeals 7#a7 ,establishment of grant process ,section #bjf of the ,passenger ,rail ,investment and ,improvement ,act of #bjjh 7#di ,u4,s4,c4 #bdaja note7 and the item relating to that section in the table of contents of that ,act are repealed4 7#b7 ,authorization of appropriations ,section #bdajd and the item relating to that section in the table of contents of chapter #bda are repealed4 #ebjb4 #e-year business line and assets plans 7a7 ,amtrak #e-,year ,business ,line and ,asset ,plans ,chapter #bdc1 as amended by section #ebja of this ,act1 is further amended by inserting after section #bdcai the following3 #bdcbj4 ,amtrak #e-year business line and asset plans 7a7 ,in general 7#a7 ,final plans ,not later than ,february #ae of each year1 ,amtrak shall submit to ,congress and the ,secretary final #e-year business line plans and #e-year asset plans prepared in accordance with this section4 ,these final plans shall form the basis for ,amtrak's general and legislative annual report to the ,president and ,congress required by section #bdcae7;b74 7#b7 ,fiscal constraint ,each plan prepared under this section shall be based on funding levels authorized or otherwise available to ,amtrak in a fiscal year4 ,in the absence of an authorization or appropriation of funds for a fiscal year1 the plans shall be based on the amount of funding available in the previous fiscal year1 plus inflation4 ,amtrak may include an appendix to the asset plan required in subsection 7c7 that describes any capital funding requirements in excess of amounts authorized or otherwise available to ,amtrak in a fiscal year for capital investment4 7b7 ,amtrak #e-,year ,business ,line ,plans 7#a7 ,amtrak business lines ,amtrak shall prepare a #e-year business line plan for each of the following business lines and services3 7,a7 ,northeast ,corridor train services4 7,b7 ,state-supported routes operated by ,amtrak4 7,c7 ,long-distance routes operated by ,amtrak4 7,d7 ,ancillary services operated by ,amtrak1 including commuter operations and other revenue generating activities as determined by the ,secretary in consultation with ,amtrak4 7#b7 ,contents of #e-year business line plans ,the #e-year business line plan for each business line shall include1 at a minimum-- 7,a7 a statement of ,amtrak's vision1 goals1 and service plan for the business line1 coordinated with any entities that are contributing capital or operating funding to support passenger rail services within those business lines1 and aligned with ,amtrak's ,strategic ,plan and #e-year asset plans under subsection 7c72 7,b7 all projected revenues and expenditures for the business line1 including identification of revenues and expenditures incurred by-- 7i7 passenger operations2 7ii7 non-passenger operations that are directly related to the business line2 and 7iii7 governmental funding sources1 including revenues and other funding received from ,states2 7,c7 projected ridership levels for all passenger operations2 7,d7 estimates of long-term and short-term debt and associated principal and interest payments 7both current and forecasts72 7,e7 annual profit and loss statements and forecasts and balance sheets2 7,f7 annual cash flow forecasts2 7,g7 a statement describing the methodologies and significant assumptions underlying estimates and forecasts2 7,h7 specific performance measures that demonstrate year over year changes in the results of ,amtrak's operations2 7,i7 financial performance for each route within each business line1 including descriptions of the cash operating loss or contribution and labor productivity for each route2 7,j7 specific costs and savings estimates resulting from reform initiatives2 7,k7 prior fiscal year and projected equipment reliability statistics2 and 7,l7 an identification and explanation of any major adjustments made from previously approved plans4 7#c7 #e-year business line plans process ,in meeting the requirements of this section1 ,amtrak shall-- 7,a7 coordinate the development of the business line plans with the ,secretary2 7,b7 for the ,northeast ,corridor business line plan1 coordinate with the ,northeast ,corridor ,commission and transmit to the ,commission the final plan under subsection 7a77#a71 and consult with other entities1 as appropriate2 7,c7 for the ,state-supported route business line plan1 coordinate with the ,state-,supported ,route ,committee established under section #bdgab2 7,d7 for the long-distance route business line plan1 coordinate with any ,states or ,interstate ,compacts that provide funding for such routes1 as appropriate2 7,e7 ensure that ,amtrak's annual budget request to ,congress is consistent with the information in the #e-year business line plans2 and 7,f7 identify the appropriate ,amtrak officials that are responsible for each business line4 7#d7 ,standards to promote financial stability ,in meeting the requirements under this subsection1 ,amtrak shall use the categories specified in the financial accounting and reporting system developed under section #bjc of the ,passenger ,rail ,investment and ,improvement ,act of #bjjh 7#di ,u4,s4,c4 #bdaja note7 when preparing its #e-year business line plans4 7c7 ,amtrak #e-,year ,asset plans 7#a7 ,asset categories ,amtrak shall prepare a #e-year asset plan for each of the following asset categories3 7,a7 ,infrastructure1 including all ,amtrak-controlled ,northeast ,corridor assets and other ,amtrak-owned infrastructure1 and the associated facilities that support the operation1 maintenance1 and improvement of those assets4 7,b7 ,passenger rail equipment1 including all ,amtrak-controlled rolling stock1 locomotives1 and mechanical shop facilities that are used to overhaul equipment4 7,c7 ,stations1 including all ,amtrak-controlled passenger rail stations and elements of other stations for which ,amtrak has legal responsibility or intends to make capital investments4 7,d7 ,national assets1 including national reservations1 security1 training and training centers1 and other assets associated with ,amtrak's national passenger rail transportation system4 7#b7 ,contents of #e-year asset plans ,each asset plan shall include1 at a minimum-- 7,a7 a summary of ,amtrak's #e-year strategic plan for each asset category1 including goals1 objectives1 any relevant performance metrics1 and statutory or regulatory actions affecting the assets2 7,b7 an inventory of existing ,amtrak capital assets1 to the extent practicable1 including information regarding shared use or ownership1 if applicable2 7,c7 a prioritized list of proposed capital investments that-- 7i7 categorizes each capital project as being primarily associated with-- 7,i7 normalized capital replacement2 7,,ii7 backlog capital replacement2 7,,iii7 improvements to support service enhancements or growth2 7,,iv7 strategic initiatives that will improve overall operational performance1 lower costs1 or otherwise improve ,amtrak's corporate efficiency2 or 7,v7 statutory1 regulatory1 or other legal mandates2 7ii7 identifies each project or program that is associated with more than #a category described in clause 7i72 and 7iii7 describes the anticipated business outcome of each project or program identified under this subparagraph1 including an assessment of-- 7,i7 the potential effect on passenger operations1 safety1 reliability1 and resilience2 7,,ii7 the potential effect on ,amtrak's ability to meet regulatory requirements if the project or program is not funded2 and 7,,iii7 the benefits and costs2 and 7,d7 annual profit and loss statements and forecasts and balance sheets for each asset category4 7#c7 #e-year asset plan process ,in meeting the requirements of this subsection1 ,amtrak shall-- 7,a7 coordinate with each business line described in subsection 7b77#a7 in the preparation of each #e-year asset plan and ensure integration of each #e-year asset plan with the #e-year business line plans2 7,b7 as applicable1 coordinate with the ,northeast ,corridor ,commission1 the ,state-,supported ,route ,committee1 and owners of assets affected by #e-year asset plans2 and 7,c7 identify the appropriate ,amtrak officials that are responsible for each asset category4 7#d7 ,evaluation of national assets costs ,the ,secretary shall-- 7,a7 evaluate the costs and scope of all national assets2 and 7,b7 determine the activities and costs that are-- 7i7 required in order to ensure the efficient operations of a national passenger rail system2 7ii7 appropriate for allocation to #a of the other ,amtrak business lines2 and 7iii7 extraneous to providing an efficient national passenger rail system or are too costly relative to the benefits or performance outcomes they provide4 7#e7 ,definition of national assets ,in this section1 the term national assets means the ,nation's core rail assets shared among ,amtrak services1 including national reservations1 security1 training and training centers1 and other assets associated with ,amtrak's national passenger rail transportation system4 7#f7 ,restructuring of national assets ,not later than #a year after the date of completion of the evaluation under section #bdcbj7;c77#d71 the ,administrator of the ,federal ,railroad ,administration1 in consultation with the ,amtrak ,board of ,directors1 the governors of each relevant ,state1 and the ,mayor of the ,district of ,columbia1 or their designees1 shall restructure or reallocate1 or both1 the national assets costs in accordance with the determination under that section1 including making appropriate updates to ,amtrak's cost accounting methodology and system4 4 7b7 ,effective date ,the requirements for ,amtrak to submit final #e-year business line plans and #e-year asset plans under section #bdcbj of title #di1 ,united ,states ,code1 shall take effect #a year after the date of enactment of this ,act4 7c7 ,conforming amendments ,the table of contents for chapter #bdc1 as amended by section #ebja of this ,act1 is further amended by adding at the end the following3 #bdcbj4 ,amtrak #e-year business line and asset plans4 4 7d7 ,repeal of #e-,year ,financial ,plan ,section #bjd of the ,passenger ,rail ,investment and ,improvement ,act of #bjjh 7#di ,u4,s4,c4 #bdaja note71 and the item relating to that section in the table of contents of that ,act1 are repealed4 7e7 ,identification of duplicative reporting requirements ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall-- 7#a7 review existing ,amtrak reporting requirements and identify where the existing requirements are duplicative with the business line and capital plans required by section #bdcbj of title #di1 ,united ,states ,code2 7#b7 if the duplicative reporting requirements are administrative1 the ,secretary shall eliminate the duplicative requirements2 and 7#c7 submit to ,congress a report with any recommendations for repealing any other duplicative ,amtrak reporting requirements4 #ebjc4 ,state-supported route committee 7a7 ,amendment ,chapter #bdg is amended by adding at the end the following3 #bdgab4 ,state-supported routes operated by ,amtrak 7a7 ,state-,supported ,route ,committee 7#a7 ,establishment ,not later than #ahj days after the date of enactment of the ,comprehensive ,transportation and ,consumer ,protection ,act of #bjae1 the ,secretary of ,transportation shall establish the ,state-,supported ,route ,committee 7referred to in this section as the ,committee7 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 #bji of the ,passenger ,rail ,investment and ,improvement ,act of #bjjh 7#di ,u4,s4,c4 #bdaja note74 7#b7 ,membership 7,a7 ,in general ,the ,committee shall consist of-- 7i7 members representing ,amtrak2 7ii7 members representing the ,department of ,transportation1 including the ,federal ,railroad ,administration2 and 7iii7 members representing ,states1 including other public entities that sponsor the operation of trains by ,amtrak on a ,state-supported route1 designated by1 and serving at the pleasure of1 the chief executive officer thereof4 7,b7 ,non-voting members ,the ,committee may invite and accept other non-voting members to participate in ,committee activities1 as appropriate4 7#c7 ,decisionmaking ,the ,committee shall establish a bloc voting system under which1 at a minimum-- 7,a7 there are #c separate voting blocs to represent the ,committee's voting members1 including-- 7i7 #a voting bloc to represent the members described in paragraph 7#b77;,a77i72 7ii7 #a voting bloc to represent the members described in paragraph 7#b77;,a77ii72 and 7iii7 #a voting bloc to represent the members described in paragraph 7#b77;,a77iii72 7,b7 each voting bloc has #a vote2 7,c7 the vote of the voting bloc representing the members described in paragraph 7#b77;,a77iii7 requires the support of at least two-thirds of that voting bloc's members2 and 7,d7 the ,committee makes decisions by unanimous consent of the #c voting blocs4 7#d7 ,meetings2 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 #ahj days after the date of establishment of the ,committee by the ,secretary4 ,the rules and procedures shall-- 7,a7 incorporate and further describe the decisionmaking procedures to be used in accordance with paragraph 7#c72 and 7,b7 be adopted in accordance with such decisionmaking procedures4 7#e7 ,committee decisions ,decisions made by the ,committee in accordance with the ,committee's rules and procedures1 once established1 are binding on all ,committee members4 7#f7 ,cost allocation methodology 7,a7 ,in general ,subject to subparagraph 7,b71 the ,committee may amend the cost allocation methodology required and previously approved under section #bji of the ,passenger ,rail ,investment and ,improvement ,act of #bjjh 7#di ,u4,s4,c4 #bdaja note74 7,b7 ,procedures for changing methodology ,the rules and procedures implemented under paragraph 7#d7 shall include procedures for changing the cost allocation methodology4 7,c7 ,requirements ,the cost allocation methodology shall-- 7i7 ensure equal treatment in the provision of like services of all ,states and groups of ,states2 and 7ii7 allocate to each route the costs incurred only for the benefit of that route and a proportionate share1 based upon factors that reasonably reflect relative use1 of costs incurred for the common benefit of more than #a route4 7b7 ,invoices and reports ,not later than ,february #ae1 #bjaf1 and monthly thereafter1 ,amtrak shall provide to each ,state that sponsors a ,state-supported route a monthly invoice of the cost of operating such route1 including fixed costs and third-party costs4 ,the ,committee shall determine the frequency and contents of the financial and performance reports that ,amtrak shall provide to the ,states1 as well as the planning and demand reports that the ,states shall provide to ,amtrak4 7c7 ,dispute resolution 7#a7 ,request for dispute resolution ,if a dispute arises with respect to the rules and procedures implemented under subsection 7a77#d71 an invoice or a report provided under subsection 7b71 implementation or compliance with the cost allocation methodology developed under section #bji of the ,passenger ,rail ,investment and ,improvement ,act of #bjjh 7#di ,u4,s4,c4 #bdaja note7 or amended under subsection 7a77#f7 of this section1 either ,amtrak or the ,state may request that the ,surface ,transportation ,board conduct dispute resolution under this subsection4 7#b7 ,procedures ,the ,surface ,transportation ,board shall establish procedures for resolution of disputes brought before it under this subsection1 which may include provision of professional mediation services4 7#c7 ,binding effect ,a decision of the ,surface ,transportation ,board under this subsection shall be binding on the parties to the dispute4 7#d7 ,obligation ,nothing in this subsection shall affect the obligation of a ,state to pay an amount not in dispute4 7d7 ,assistance 7#a7 ,in general ,the ,secretary may provide assistance to the parties in the course of negotiations for a contract for operation of a ,state-supported route4 7#b7 ,financial assistance ,from among available funds1 the ,secretary shall-- 7,a7 provide financial assistance to ,amtrak or #a or more ,states to perform requested independent technical analysis of issues before the ,committee2 and 7,b7 reimburse ,members for travel expenses1 including per diem in lieu of subsistence1 in accordance with section #egjc of title #e4 7e7 ,performance metrics ,in negotiating a contract for operation of a ,state-supported route1 ,amtrak and the ,state or ,states that sponsor the route shall consider including provisions that provide penalties and incentives for performance4 7f7 ,statement of goals and objectives 7#a7 ,in general ,the ,committee shall develop a statement of goals1 objectives1 and associated recommendations concerning the future of ,state-supported routes operated by ,amtrak4 ,the statement shall identify the roles and responsibilities of ,committee members and any other relevant entities1 such as host railroads1 in meeting the identified goals and objectives1 or carrying out the recommendations4 ,the ,committee may consult with such relevant entities1 as the ,committee considers appropriate1 when developing the statement4 7#b7 ,transmission of statement of goals and objectives ,not later than #b years after the date of enactment of the ,comprehensive ,transportation and ,consumer ,protection ,act of #bjae the ,committee shall transmit the statement developed under paragraph 7#a7 to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives4 7g7 ,rule of ,construction ,the decisions of the ,committee-- 7#a7 shall pertain to the rail operations of ,amtrak and related activities of trains operated by ,amtrak on ,state-sponsored routes2 and 7#b7 shall not pertain to the rail operations or related activities of services operated by other rail passenger carriers on ,state-supported routes4 7h7 ,federal ,advisory ,committee ,act ,the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app47 shall not apply to the ,committee4 7i7 ,definition of ,state ,in this section1 the term ,state means each of the #ej ,states1 the ,district of ,columbia1 and a public entity that sponsors the operation of trains by ,amtrak on a ,state-supported route4 4 7b7 ,technical and conforming amendments ,the table of contents for chapter #bdg is amended by adding at the end the following3 #bdgab4 ,state-supported routes operated by ,amtrak4 4 #ebjd4 ,route and service planning decisions ,section #bjh of the ,passenger ,rail ,investment and ,improvement ,act of #bjjh 7#di ,u4,s4,c4 #bdaja note7 is amended to read as follows3 #bjh4 ,methodologies for ,amtrak route and service planning decisions 7a7 ,methodology development ,not later than #ahj days after the date of enactment of the ,comprehensive ,transportation and ,consumer ,protection ,act of #bjae1 as a condition of receiving a grant under section #aja of that ,act1 ,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 provide1 including the establishment of new routes1 the elimination of existing routes1 and the contraction or expansion of services or frequencies over such routes4 7b7 ,considerations ,amtrak shall require the independent entity1 in developing the methodologies described in subsection 7a71 to consider-- 7#a7 the current and expected performance and service quality of intercity rail passenger transportation operations1 including cost recovery1 on-time performance1 ridership1 on-board services1 stations1 facilities1 equipment1 and other services2 7#b7 the connectivity of a route with other routes2 7#c7 the transportation needs of communities and populations that are not well served by intercity rail passenger transportation service or by other forms of intercity transportation2 7#d7 the methodologies of ,amtrak and major intercity rail passenger transportation service providers in other countries for determining intercity passenger rail routes and services2 7#e7 the financial and operational effects on the overall network1 including the effects on indirect costs2 7#f7 the views of ,states and the recommendations described in ,state rail plans1 rail carriers that own infrastructure over which ,amtrak operates1 ,interstate ,compacts established by ,congress and ,states1 ,amtrak employee representatives1 stakeholder organizations1 and other interested parties2 and 7#g7 the funding levels that will be available under authorization levels that have been enacted into law4 7c7 ,recommendations ,not later than #a year after the date of enactment of the ,comprehensive ,transportation and ,consumer ,protection ,act of #bjae1 ,amtrak shall transmit to the ,committee on ,commerce1 ,science1 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 7a74 7d7 ,consideration of recommendations ,not later than #ij days after the date the recommendations are transmitted under subsection 7c71 ,amtrak shall consider the adoption of each recommendation and transmit to the ,committee on ,commerce1 ,science1 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 recommendation4 4 #ebje4 ,competition 7a7 ,alternate passenger rail service pilot program ,section #bdgaa is amended to read as follows3 #bdgaa4 ,alternate passenger rail service pilot program 7a7 ,in general ,not later than #ah months after the date of enactment of the ,comprehensive ,transportation and ,consumer ,protection ,act of #bjae1 the ,secretary of ,transportation shall promulgate a rule to implement a pilot program for competitive selection of rail carriers for long-distance routes 7as defined in section #bdajb74 7b7 ,pilot program requirements 7#a7 ,in general ,the pilot program shall-- 7,a7 allow a party described in paragraph 7#b7 to petition the ,secretary to provide intercity rail passenger transportation over a long-distance route in lieu of ,amtrak for an operations period of #d years from the date of commencement of service by the winning bidder and1 at the option of the ,secretary1 consistent with the rule promulgated under subsection 7a71 allow the contract to be renewed for an additional operations period of #d years1 but not to exceed a total of #c operations periods2 7,b7 require the ,secretary to-- 7i7 notify the petitioner and ,amtrak of receipt of the petition under subparagraph 7,a7 and to publish in the ,federal ,register a notice of receipt not later than #cj days after the date of receipt2 and 7ii7 establish a deadline1 of not more than #abj days after the notice of receipt is published in the ,federal ,register under clause 7i71 by which both the petitioner and ,amtrak1 if ,amtrak chooses to do so1 would be required to submit a complete bid to provide intercity rail passenger transportation over the applicable route2 7,c7 require that each bid-- 7i7 describe the capital needs1 financial projections1 and operational plans1 including staffing plans1 for the service1 and such other factors as the ,secretary considers appropriate2 and 7ii7 be made available by the winning bidder to the public after the bid award2 7,d7 for a route that receives funding from a ,state or ,states1 require that for each bid received from a party described in paragraph 7#b71 other than a ,state1 the ,secretary have the concurrence of the ,state or ,states that provide funding for that route2 7,e7 for a winning bidder that is not or does not include ,amtrak1 require the ,secretary to execute a contract not later than #bgj days after the deadline established under subparagraph 7,b77ii7 and award to the winning bidder-- 7i7 subject to paragraphs 7#c7 and 7#d71 the right and obligation to provide intercity rail passenger transportation over that route subject to such performance standards as the ,secretary may require2 and 7ii7 an operating subsidy1 as determined by the ,secretary1 for-- 7,i7 the first year at a level that does not exceed #ij percent of the level in effect for that specific route during the fiscal year preceding the fiscal year in which the petition was received1 adjusted for inflation2 and 7,,ii7 any subsequent years at the level calculated under subclause 7,i71 adjusted for inflation2 and 7,f7 for a winning bidder that is or includes ,amtrak1 award to that bidder an operating subsidy1 as determined by the ,secretary1 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 bid4 7#b7 ,eligible petitioners ,the following parties are eligible to submit petitions under paragraph 7#a73 7,a7 ,a rail carrier or rail carriers that own the infrastructure over which ,amtrak operates a long-distance route4 7,b7 ,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 transportation4 7,c7 ,a ,state1 group of ,states1 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 transportation4 7,d7 ,a ,state1 group of ,states1 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 transportation4 7#c7 ,performance standards ,if the winning bidder under paragraph 7#a77;,e77i7 is not or does not include ,amtrak1 the performance standards shall be consistent with the performance required of or achieved by ,amtrak on the applicable route during the last fiscal year4 7#d7 ,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 route1 the winning bidder under paragraph 7#a77;,e77i7 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 transportation4 7c7 ,access to facilities2 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-- 7#a7 the ,secretary shall require ,amtrak to provide access to the ,amtrak-owned reservation system1 stations1 and facilities directly related to operations of the awarded routes to the rail passenger carrier awarded a contract under this section1 in accordance with subsection 7g71 as necessary to carry out the purposes of this section2 7#b7 an employee of any person1 except for a freight railroad or a person employed or contracted by a freight railroad1 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 ,amtrak2 and 7#c7 the winning bidder shall provide hiring preference to qualified ,amtrak employees displaced by the award of the bid1 consistent with the staffing plan submitted by the bidder1 and shall be subject to the grant conditions under section #bddje4 7d7 ,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 7b77#a77;,e71 the ,secretary shall take any necessary action consistent with this title to enforce the contract and ensure the continued provision of service1 including-- 7#a7 the installment of an interim rail passenger carrier2 7#b7 providing to the interim rail passenger carrier under paragraph 7#a7 an operating subsidy necessary to provide service2 and 7#c7 rebidding the contract to operate the rail passenger transportation4 7e7 ,budget authority 7#a7 ,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 #eaja7;c7 of the ,comprehensive ,transportation and ,consumer ,protection ,act of #bjae1 or any subsequent appropriation for the same purpose1 necessary to cover the operating subsidy described in subsection 7b77#a77;,e77ii74 7#b7 ,amtrak ,if the ,secretary selects a winning bidder that is not or does not include ,amtrak1 the ,secretary may provide to ,amtrak an appropriate portion of the appropriations under section #eaja7;a7 of the ,comprehensive ,transportation and ,consumer ,protection ,act of #bjae1 or any subsequent appropriation for the same purpose1 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 bidder4 ,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 7b77#a77;,e77ii74 7f7 ,deadline ,if the ,secretary does not promulgate the final rule and implement the program before the deadline under subsection 7a71 the ,secretary shall submit to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives a letter1 signed by the ,secretary and ,administrator of the ,federal ,railroad ,administration1 each month until the rule is complete1 including-- 7#a7 the reasons why the rule has not been issued2 7#b7 an updated staffing plan for completing the rule as soon as feasible2 7#c7 the contact information of the official that will be overseeing the execution of the staffing plan2 and 7#d7 the estimated date of completion of the rule4 7g7 ,disputes ,if ,amtrak and the rail passenger carrier awarded a route under this section cannot agree upon terms to carry out subsection 7c77#a71 and the ,surface ,transportation ,board finds that access to ,amtrak's facilities or equipment1 or the provision of services by ,amtrak1 is necessary under subsection 7c77#a7 and that the operation of ,amtrak's other services will not be impaired thereby1 the ,surface ,transportation ,board shall issue an order that the facilities and equipment be made available1 and that services be provided1 by ,amtrak1 and shall determine reasonable compensation1 liability1 and other terms for use of the facilities and equipment and provision of the services4 7h7 ,limitation ,not more than #c long-distance routes may be selected under this section for operation by a winning bidder that is not or does not include ,amtrak4 7i7 ,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 routes4 4 7b7 ,report ,not later than #d years after the date of implementation of the pilot program under section #bdgaa of title #di1 ,united ,states ,code1 and quadrennially thereafter until the pilot program is discontinued1 the ,secretary shall submit to the ,committee on ,commerce1 ,science1 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 action4 #ebjf4 ,rolling stock purchases 7a7 ,in general ,prior to entering into any contract in excess of #ajj1jjj1jjj for rolling stock and locomotive procurements ,amtrak shall submit a business case analysis to the ,secretary1 the ,committee on ,commerce1 ,science1 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 ,representatives1 on the utility of such procurements4 7b7 ,contents ,the business case analysis shall-- 7#a7 include a cost and benefit comparison that describes the total lifecycle costs and the anticipated benefits related to revenue1 operational efficiency1 reliability1 and other factors2 7#b7 set forth the total payments by fiscal year2 7#c7 identify the specific source and amounts of funding for each payment1 including ,federal funds1 ,state funds1 ,amtrak profits1 ,federal1 ,state1 or private loans or loan guarantees1 and other funding2 7#d7 include an explanation of whether any payment under the contract will increase ,amtrak's grant request1 as required under section #bdcah of title #di1 ,united ,states ,code1 in that particular fiscal year2 and 7#e7 describe how ,amtrak will adjust the procurement if future funding is not available4 7c7 ,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 execution4 #ebjg4 ,food and beverage policy 7a7 ,in general ,chapter #bdc1 as amended in section #ebjb of this ,act1 is further amended by adding after section #bdcbj the following3 #bdcba4 ,food and beverage reform 7a7 ,plan ,not later than #ij days after the date of enactment of the ,comprehensive ,transportation and ,consumer ,protection ,act of #bjae1 ,amtrak shall develop and begin implementing a plan to eliminate1 not later than #d years after the date of enactment of that ,act1 the operating loss associated with providing food and beverage service on board ,amtrak trains4 7b7 ,considerations ,in developing and implementing the plan under subsection 7a71 ,amtrak shall consider a combination of cost management and revenue generation initiatives1 including-- 7#a7 scheduling optimization2 7#b7 onboard logistics2 7#c7 product development and supply chain efficiency2 7#d7 training1 awards1 and accountability2 7#e7 technology enhancements and process improvements2 and 7#f7 ticket revenue allocation4 7c7 ,savings clause ,amtrak shall ensure that no ,amtrak employee holding a position as of the date of enactment of the ,comprehensive ,transportation and ,consumer ,protection ,act of #bjae is involuntarily separated because of-- 7#a7 the development and implementation of the plan required under subsection 7a72 or 7#b7 any other action taken by ,amtrak to implement this section4 7d7 ,no ,federal funding for operating losses ,beginning on the date that is #d years after the date of enactment of the ,comprehensive ,transportation and ,consumer ,protection ,act of #bjae1 no ,federal funds may be used to cover any operating loss associated with providing food and beverage service on a route operated by ,amtrak or an alternative passenger rail service provider that operates a route in lieu of ,amtrak under section #bdgaa4 7e7 ,report ,not later than #abj days after the date of enactment of the ,comprehensive ,transportation and ,consumer ,protection ,act of #bjae1 and annually thereafter for a period of #d years1 ,amtrak shall transmit to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives a report on the plan developed under subsection 7a7 and a description of progress in the implementation of the plan4 4 7b7 ,conforming amendment ,the table of contents for chapter #bdc1 as amended in section #ebjb of this ,act1 is amended by adding at the end the following3 #bdcba4 ,food and beverage reform4 4 #ebjh4 ,local products and promotional events 7a7 ,in general ,not later than #f months after the date of enactment of this ,act1 ,amtrak shall establish a pilot program for a ,state or ,states that sponsor a ,state-supported route operated by ,amtrak to facilitate-- 7#a7 onboard purchase and sale of local food and beverage products2 and 7#b7 partnerships with local entities to hold promotional events on trains or in stations4 7b7 ,program design ,the pilot program under paragraph 7#a7 shall allow a ,state or ,states-- 7#a7 to nominate and select a local food and beverage products supplier or suppliers or local promotional event partner2 7#b7 to charge a reasonable price or fee for local food and beverage products or promotional events and related activities to help defray the costs of program administration and ,state-supported routes2 and 7#c7 a mechanism to ensure that ,state products can effectively be handled and integrated into existing food and beverage services1 including compliance with all applicable regulations and standards governing such services4 7c7 ,program administration ,the pilot program shall-- 7#a7 for local food and beverage products1 ensure the products are integrated into existing food and beverage services1 including compliance with all applicable regulations and standards2 7#b7 for promotional events1 ensure the events are held in compliance with all applicable regulations and standards1 including terms to address insurance requirements2 and 7#c7 require an annual report that documents revenues and costs and indicates whether the products or events resulted in a reduction in the financial contribution of a ,state or ,states to the applicable ,state-supported route4 7d7 ,report ,not later than #d years after the date of establishment of the pilot programs under this section1 ,amtrak shall report to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives on which ,states have participated in the pilot programs under this section4 ,the report shall summarize the financial and operational outcomes of the pilot programs4 7e7 ,rule of construction ,nothing in this subsection shall be construed as limiting ,amtrak's ability to operate special trains in accordance with section #baf of the ,passenger ,rail ,investment and ,improvement ,act of #bjjh 7#di ,u4,s4,c4 #bdcjh note74 #ebji4 ,right-of-way leveraging 7a7 ,request for proposals 7#a7 ,in general ,not later than #a year after the date of enactment of this ,act1 ,amtrak shall issue a ,request for ,proposals seeking qualified persons or entities to utilize right-of-way and real estate owned1 controlled1 or managed by ,amtrak for telecommunications systems1 energy distribution systems1 and other activities considered appropriate by ,amtrak4 7#b7 ,contents ,the ,request for ,proposals shall provide sufficient information on the right-of-way and real estate assets to enable respondents to propose an arrangement that will monetize or generate additional revenue from such assets through revenue sharing or leasing agreements with ,amtrak1 to the extent possible4 7b7 ,consideration of proposals ,not later than #ahj days following the deadline for the receipt of proposals under subsection 7a71 ,amtrak shall review and consider each qualified proposal4 ,amtrak may enter into such agreements as are necessary to implement any qualified proposal4 7c7 ,report ,not later than #bgj days following the deadline for the receipt of proposals under subsection 7a71 ,amtrak shall transmit to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives a report on the ,request for ,proposals required by this section1 including summary information of any proposals submitted to ,amtrak and any proposals accepted by ,amtrak4 7d7 ,savings ,clause ,nothing in this section shall be construed to limit ,amtrak's ability to utilize right-of-way or real estate assets that it currently owns1 controls1 or manages or constrain ,amtrak's ability to enter into agreements with other parties to utilize such assets4 #ebaj4 ,station development 7a7 ,report on development options ,not later than #a year after the date of the enactment of this ,act1 ,amtrak shall submit a report to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives that describes-- 7#a7 options to enhance economic development and accessibility of and around ,amtrak stations and terminals1 for the purposes of-- 7,a7 improving station condition1 functionality1 capacity1 and customer amenities2 7,b7 generating additional investment capital and development-related revenue streams2 7,c7 increasing ridership and revenue2 7,d7 complying with the applicable sections of the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaja et seq47 and the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gja et seq472 and 7,e7 strengthening multimodal connections1 including transit1 intercity buses1 roll-on and roll-off bicycles1 and airports1 as appropriate2 and 7#b7 options for additional ,amtrak stops that would have a positive incremental financial impact to ,amtrak1 based on ,amtrak feasibility studies that demonstrate a financial benefit to ,amtrak by generating additional revenue that exceeds any incremental costs4 7b7 ,request for information ,not later than #ij days after the date the report is transmitted under subsection 7a71 ,amtrak shall issue a ,request of ,information for #a or more owners of stations served by ,amtrak to formally express an interest in completing the requirements of this section4 7c7 ,proposals 7#a7 ,request for proposals ,not later than #ahj days after the date the ,request for ,information is issued under subsection 7a71 ,amtrak shall issue a ,request for ,proposals from qualified persons1 including small business concerns owned and controlled by socially and economically disadvantaged individuals and veteran-owned small businesses1 to lead1 participate1 or partner with ,amtrak1 a station owner that responded under subsection 7b71 and other entities in enhancing development in and around such stations and terminals using applicable options identified under subsection 7a7 at facilities selected by ,amtrak4 7#b7 ,consideration of proposals ,not later than #a year after the date the ,request for ,proposals are issued under paragraph 7#a71 ,amtrak shall review and consider qualified proposals submitted under paragraph 7#a74 ,amtrak or a station owner that responded under subsection 7b7 may enter into such agreements as are necessary to implement any qualified proposal4 7d7 ,report ,not later than #c years after the date of enactment of this ,act1 ,amtrak shall transmit to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives a report on the ,request for ,proposals process required under this section1 including summary information of any qualified proposals submitted to ,amtrak and any proposals acted upon by ,amtrak or a station owner that responded under subsection 7b74 7e7 ,definitions ,in this section1 the terms small business concern1 socially and economically disadvantaged individual1 and veteran-owned small business have the meanings given the terms in section #cjd7;c7 of this ,act4 7f7 ,savings clause ,nothing in this section shall be construed to limit ,amtrak's ability to develop its stations1 terminals1 or other assets1 to constrain ,amtrak's ability to enter into and carry out agreements with other parties to enhance development at or around ,amtrak stations or terminals1 or to affect any station development initiatives ongoing as of the date of enactment of this ,act4 #ebaa4 ,amtrak debt ,section #bje of the ,passenger ,rail ,investment and ,improvement ,act of #bjjh 7#di ,u4,s4,c4 #bdaja note7 is amended-- 7#a7 by striking as of the date of enactment of this ,act each place it appears2 7#b7 in subsection 7a7-- 7,a7 by inserting 1 to the extent provided in advance in appropriations ,acts after ,amtrak's indebtedness2 and 7,b7 by striking the second sentence2 7#c7 in subsection 7b71 by striking ,the ,secretary of the ,treasury1 in consultation and inserting ,to the extent amounts are provided in advance in appropriations ,acts1 the ,secretary of the ,treasury1 in consultation2 7#d7 in subsection 7d71 by inserting 1 to the extent provided in advance in appropriations ,acts after as appropriate2 7#e7 in subsection 7e7-- 7,a7 in paragraph 7#a71 by striking by section #ajb of this division2 and 7,b7 in paragraph 7#b71 by striking by section #ajb and inserting for ,amtrak2 7#f7 in subsection 7g71 by inserting 1 unless that debt receives credit assistance1 including direct loans and loan guarantees1 under chapter #f of title #bc1 ,united ,states ,code1 or title ,v of the ,railroad ,revitalization and ,regulatory ,act of #aigf 7#de ,u4,s4,c4 #hba et seq47 after ,secretary2 and 7#g7 by striking subsection 7h74 #ebab4 ,amtrak pilot program for passengers transporting domesticated cats and dogs 7a7 ,in general ,not later than #a year after the date of enactment of this ,act1 ,amtrak shall develop a pilot program that allows passengers to transport domesticated cats or dogs on certain trains operated by ,amtrak4 7b7 ,pet policy ,in developing the pilot program required under subsection 7a71 ,amtrak shall-- 7#a7 in the case of a passenger train that is comprised of more than #a car1 designate1 where feasible1 at least #a car in which a ticketed passenger may transport a domesticated cat or dog in the same manner as carry-on baggage if-- 7,a7 the cat or dog is contained in a pet kennel2 7,b7 the pet kennel complies with ,amtrak size requirements for carriage of carry-on baggage2 7,c7 the passenger is traveling on a train operating on a route described in subparagraph 7,a71 7,b71 or 7,d7 of section #bdajb7f7 of title #di1 ,united ,states ,code2 and 7,d7 the passenger pays a fee described in paragraph 7#c72 7#b7 allow a ticketed passenger to transport a domesticated cat or dog on a train in the same manner as cargo if-- 7,a7 the cat or dog is contained in a pet kennel2 7,b7 the pet kennel is stowed in accordance with ,amtrak requirements for cargo stowage2 7,c7 the passenger is traveling on a train operating on a route described in subparagraph 7,a71 7,b71 or 7,d7 of section #bdajb7f7 of title #di1 ,united ,states ,code2 7,d7 the cargo area is temperature controlled in a manner protective of cat and dog safety and health2 and 7,e7 the passenger pays a fee described in paragraph 7#c72 and 7#c7 collect fees for each cat or dog transported by a ticketed passenger in an amount that1 in the aggregate and at a minimum1 covers the full costs of the pilot program4 7c7 ,report ,not later than #a year after the pilot program required under subsection 7a7 is first implemented1 ,amtrak shall transmit to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives a report containing an evaluation of the pilot program4 7d7 ,limitation on statutory construction 7#a7 ,service animals ,the pilot program under subsection 7a7 shall be separate from and in addition to the policy governing ,amtrak passengers traveling with service animals4 ,nothing in this section may be interpreted to limit or waive the rights of passengers to transport service animals4 7#b7 ,additional train cars ,nothing in this section may be interpreted to require ,amtrak to add additional train cars or modify existing train cars4 7#c7 ,federal funds ,no ,federal funds may be used to implement the pilot program required under this section4 #ebac4 ,amtrak board of directors 7a7 ,in general ,section #bdcjb7;a7 is amended to read as follows3 7a7 ,composition and terms 7#a7 ,in general ,the ,amtrak ,board of ,directors 7referred to in this section as the ,board7 is composed of the following #i directors1 each of whom must be a citizen of the ,united ,states3 7,a7 ,the ,secretary of ,transportation4 7,b7 ,the ,president of ,amtrak4 7,c7 #g individuals appointed by the ,president of the ,united ,states1 by and with the advice and consent of the ,senate1 with general business and financial experience1 experience or qualifications in transportation1 freight and passenger rail transportation1 travel1 hospitality1 or passenger air transportation businesses1 or representatives of employees or users of passenger rail transportation or a ,state government4 7#b7 ,selection ,in selecting individuals described in paragraph 7#a77;,c7 for nominations for appointments to the ,board1 the ,president shall consult with the ,speaker of the ,house of ,representatives1 the minority leader of the ,house of ,representatives1 the majority leader of the ,senate1 and the minority leader of the ,senate4 ,the individuals appointed to the ,board under paragraph 7#a77;,c7 shall be composed of the following3 7,a7 #b individuals from the ,northeast ,corridor4 7,b7 #d individuals from regions of the country outside of the ,northeast ,corridor and geographically distributed with-- 7i7 #b individuals from ,states with long-distance routes operated by ,amtrak2 and 7ii7 #b individuals from ,states with ,state-supported routes operated by ,amtrak4 7,c7 #a individual from the ,northeast ,corridor or a ,state with long-distance or ,state-supported routes4 7#c7 ,term ,an individual appointed under paragraph 7#a77;,c7 shall be appointed for a term of #e years4 ,the term may be extended until the individual's successor is appointed and qualified4 ,not more than #d individuals appointed under paragraph 7#a77;,c7 may be members of the same political party4 7#d7 ,chairperson and vice chairperson ,the ,board shall elect a chairperson and vice chairperson1 other than the ,president of ,amtrak1 from among its membership4 ,the vice chairperson shall serve as chairperson in the absence of the chairperson4 7#e7 ,secretary's designee ,the ,secretary may be represented at ,board meetings by the ,secretary's designee4 4 7b7 ,rule of construction ,nothing in this section shall be construed as affecting the term of any director serving on the ,amtrak ,board of ,directors under section #bdcjb7;a77#a77;,c7 of title #di1 ,united ,states ,code1 on the day preceding the date of enactment of this ,act4 ,c ,intercity passenger rail policy #ecja4 ,competitive operating grants 7a7 ,in general ,chapter #bdd is amended-- 7#a7 by striking section #bddjf2 and 7#b7 by inserting after section #bddje the following3 #bddjf4 ,competitive operating grants 7a7 ,applicant defined ,in this section1 the term applicant means-- 7#a7 a ,state2 7#b7 a group of ,states2 7#c7 an ,interstate ,compact2 7#d7 a public agency or publicly chartered authority established by #a or more ,states and having responsibility for providing intercity rail passenger transportation or commuter rail passenger transportation2 7#e7 a political subdivision of a ,state2 7#f7 ,amtrak or another rail passenger carrier that provides intercity rail passenger transportation2 7#g7 any rail carrier in partnership with at least #a of the entities described in paragraphs 7#a7 through 7#e72 and 7#h7 any combination of the entities described in paragraphs 7#a7 through 7#g74 7b7 ,grants authorized ,the ,secretary of ,transportation shall develop and implement a program for issuing #c-year operating assistance grants to applicants1 on a competitive basis1 for the purpose of initiating1 restoring1 or enhancing intercity rail passenger service4 7c7 ,application ,an applicant for a grant under this section shall submit to the ,secretary-- 7#a7 a capital and mobilization plan that-- 7,a7 describes any capital investments1 service planning actions 7such as environmental reviews71 and mobilization actions 7such as qualification of train crews7 required for initiation of service2 and 7,b7 includes the timeline for undertaking and completing each of the investments and actions referred to in subparagraph 7,a72 7#b7 an operating plan that describes the planned operation of the service1 including-- 7,a7 the identity and qualifications of the train operator2 7,b7 the identity and qualifications of any other service providers2 7,c7 service frequency2 7,d7 the planned routes and schedules2 7,e7 the station facilities that will be utilized2 7,f7 projected ridership1 revenues1 and costs2 7,g7 descriptions of how the projections under subparagraph 7,f7 were developed2 7,h7 the equipment that will be utilized1 how such equipment will be acquired or refurbished1 and where such equipment will be maintained2 and 7,i7 a plan for ensuring safe operations and compliance with applicable safety regulations2 7#c7 a funding plan that-- 7,a7 describes the funding of initial capital costs and operating costs for the first #c years of operation2 7,b7 includes a commitment by the applicant to provide the funds described in subparagraph 7,a7 to the extent not covered by ,federal grants and revenues2 and 7,c7 describes the funding of operating costs and capital costs1 to the extent necessary1 after the first #c years of operation2 and 7#d7 a description of the status of negotiations and agreements with-- 7,a7 each of the railroads or regional transportation authorities whose tracks or facilities would be utilized by the service2 7,b7 the anticipated rail passenger carrier1 if such entity is not part of the applicant group2 and 7,c7 any other service providers or entities expected to provide services or facilities that will be used by the service1 including any required access to ,amtrak systems1 stations1 and facilities if ,amtrak is not part of the applicant group4 7d7 ,priorities ,in awarding grants under this section1 the ,secretary shall give priority to applications-- 7#a7 for which planning1 design1 any environmental reviews1 negotiation of agreements1 acquisition of equipment1 construction1 and other actions necessary for initiation of service have been completed or nearly completed2 7#b7 that would restore service over routes formerly operated by ,amtrak1 including routes with international connections2 7#c7 that would provide daily or daytime service over routes where such service did not previously exist2 7#d7 that include private funding 7including funding from railroads71 and funding or other significant participation by ,state1 local1 and regional governmental and private entities2 7#e7 that include a funding plan that demonstrates the intercity rail passenger service will be financially sustainable beyond the #c-year grant period2 7#f7 that would provide service to regions and communities that are underserved or not served by other intercity public transportation2 7#g7 that would foster economic development1 particularly in rural communities and for disadvantaged populations2 7#h7 that would provide other non-transportation benefits2 and 7#i7 that would enhance connectivity and geographic coverage of the existing national network of intercity passenger rail service4 7e7 ,limitations 7#a7 ,duration ,federal operating assistance grants authorized under this section for any individual intercity rail passenger transportation route may not provide funding for more than #c years and may not be renewed4 7#b7 ,limitation ,not more than #f of the operating assistance grants awarded pursuant to subsection 7b7 may be simultaneously active4 7#c7 ,maximum funding ,grants described in paragraph 7#a7 may not exceed-- 7,a7 #hj percent of the projected net operating costs for the first year of service2 7,b7 #fj percent of the projected net operating costs for the second year of service2 and 7,c7 #dj percent of the projected net operating costs for the third year of service4 7f7 ,use with capital grants and other ,federal funding ,a recipient of an operating assistance grant under subsection 7b7 may use that grant in combination with other grants awarded under this chapter or any other ,federal funding that would benefit the applicable service4 7g7 ,availability ,amounts appropriated for carrying out this section shall remain available until expended4 7h7 ,coordination with ,amtrak ,if the ,secretary awards a grant under this section to a rail passenger carrier other than ,amtrak1 ,amtrak may be required under section #bdgaa7;c77#a7 of this title to provide access to its reservation system1 stations1 and facilities that are directly related to operations to such carrier1 to the extent necessary to carry out the purposes of this section4 ,the ,secretary may award an appropriate portion of the grant to ,amtrak as compensation for this access4 7i7 ,conditions 7#a7 ,grant agreement ,the ,secretary shall require grant recipients under this section to enter into a grant agreement that requires them to provide similar information regarding the route performance1 financial1 and ridership projections1 and capital and business plans that ,amtrak is required to provide1 and such other data and information as the ,secretary deems necessary4 7#b7 ,installments2 termination ,the ,secretary may-- 7,a7 award grants under this section in installments1 as the ,secretary considers appropriate2 and 7,b7 terminate any grant agreement upon-- 7i7 the cessation of service2 or 7ii7 the violation of any other term of the grant agreement4 7#c7 ,grant conditions ,except as specifically provided in this section1 the use of any amounts appropriated for grants under this section shall be subject to the requirements under this chapter4 7j7 ,report ,not later than #d years after the date of enactment of the ,comprehensive ,transportation and ,consumer ,protection ,act of #bjae1 the ,secretary1 after consultation with grant recipients under this section1 shall submit a report to ,congress that describes-- 7#a7 the implementation of this section2 7#b7 the status of the investments and operations funded by such grants2 7#c7 the performance of the routes funded by such grants2 7#d7 the plans of grant recipients for continued operation and funding of such routes2 and 7#e7 any legislative recommendations4 4 7b7 ,conforming amendments ,chapter #bdd is amended-- 7#a7 in the table of contents1 by inserting after the item relating to section #bddje the following3 #bddjf4 ,competitive operating grants4 2 7#b7 in the chapter title1 by striking ,intercity passenger rail service corridor capital and inserting ,rail capital and operating2 7#c7 in section #bddja1 by striking paragraph 7#a72 7#d7 in section #bddjb1 by striking subsection 7j7 and inserting the following3 7j7 ,applicant defined ,in this section1 the term applicant means a ,state 7including the ,district of ,columbia71 a group of ,states1 an ,interstate ,compact1 a public agency or publicly chartered authority established by #a or more ,states and having responsibility for providing intercity rail passenger transportation1 or a political subdivision of a ,state4 2 and 7#e7 in section #bddje-- 7,a7 in subsection 7b7-- 7i7 by inserting 1 or for which an operating grant is issued under section #bddjf1 after chapter2 and 7ii7 in paragraph 7#b71 by striking 7#dc and inserting 7#de2 7,b7 in subsection 7d77#a71 in the matter preceding subparagraph 7,a71 by inserting or unless ,amtrak ceased providing intercity passenger railroad transportation over the affected route more than #c years before the commencement of new service after unless such service was provided solely by ,amtrak to another entity2 7,c7 in subsection 7f71 by striking under this chapter for commuter rail passenger transportation1 as defined in section #bdjab7d7 of this title4 and inserting under this chapter for commuter rail passenger transportation 7as defined in section #bdajb7c7742 and 7,d7 by adding at the end the following3 7g7 ,special transportation circumstances ,in carrying out this chapter1 the ,secretary shall allocate an appropriate portion of the amounts available under this chapter to provide grants to ,states-- 7#a7 in which there is no intercity passenger rail service1 for the purpose of funding freight rail capital projects that are on a ,state rail plan developed under chapter #bbg that provide public benefits 7as defined in chapter #bbg71 as determined by the ,secretary2 or 7#b7 in which the rail transportation system is not physically connected to rail systems in the continental ,united ,states or may not otherwise qualify for a grant under this section due to the unique characteristics of the geography of that ,state or other relevant considerations1 for the purpose of funding transportation-related capital projects4 4 #ecjb4 ,federal-,state partnership for state-of-good-repair 7a7 ,amendment ,chapter #bdd is amended by inserting after section #bddjf1 as added by section #ecja of this ,act1 the following3 #bddjg4 ,federal-,state partnership for state-of-good-repair 7a7 ,definitions ,in this section3 7#a7 ,applicant ,the term applicant means-- 7,a7 a ,state 7including the ,district of ,columbia72 7,b7 a group of ,states2 7,c7 an ,interstate ,compact2 7,d7 a public agency or publicly chartered authority established by #a or more ,states that has responsibility for providing intercity rail passenger transportation or commuter rail passenger transportation2 7,e7 a political subdivision of a ,state2 7,f7 ,amtrak1 acting on its own behalf or under a cooperative agreement with #a or more ,states2 or 7,g7 any combination of the entities described in subparagraphs 7,a7 through 7,f74 7#b7 ,capital project ,the term capital project means-- 7,a7 a project primarily intended to replace1 rehabilitate1 or repair major infrastructure assets utilized for providing intercity passenger rail service1 including tunnels1 bridges1 stations1 and other assets1 as determined by the ,secretary2 or 7,b7 a project primarily intended to improve intercity passenger rail performance1 including reduced trip times1 increased train frequencies1 higher operating speeds1 and other improvements1 as determined by the ,secretary4 7#c7 ,northeast ,corridor ,the term ,northeast ,corridor means-- 7,a7 the main rail line between ,boston1 ,massachusetts and the ,virginia ,avenue interlocking in the ,district of ,columbia2 and 7,b7 the branch rail lines connecting to ,harrisburg1 ,pennsylvania1 ,springfield1 ,massachusetts1 and ,spuyten ,duyvil1 ,new ,york4 7#d7 ,qualified railroad asset ,the term qualified railroad asset means infrastructure1 equipment1 or a facility that-- 7,a7 is owned or controlled by an eligible applicant2 and 7,b7 was not in a state-of-good-repair on the date of enactment of the ,comprehensive ,transportation and ,consumer ,protection ,act of #bjae4 7b7 ,grant program authorized ,the ,secretary of ,transportation shall develop and implement a program for issuing grants to applicants1 on a competitive basis1 to fund capital projects that reduce the state-of-good-repair backlog on qualified railroad assets4 7c7 ,eligible projects ,projects eligible for grants under this section include capital projects to replace or rehabilitate qualified railroad assets1 including-- 7#a7 capital projects to replace existing assets in-kind2 7#b7 capital projects to replace existing assets with assets that increase capacity or provide a higher level of service2 and 7#c7 capital projects to ensure that service can be maintained while existing assets are brought to a state-of-good-repair4 7d7 ,project selection criteria ,in selecting an applicant for a grant under this section1 the ,secretary shall-- 7#a7 give preference to eligible projects-- 7,a7 that are consistent with the goals1 objectives1 and policies defined in any regional rail planning document that is applicable to a project proposal2 and 7,b7 for which the proposed ,federal share of total project costs does not exceed #ej percent2 and 7#b7 take into account-- 7,a7 the cost-benefit analysis of the proposed project1 including anticipated private and public benefits relative to the costs of the proposed project1 including-- 7i7 effects on system and service performance2 7ii7 effects on safety1 competitiveness1 reliability1 trip or transit time1 and resilience2 7iii7 efficiencies from improved integration with other modes2 and 7iv7 ability to meet existing or anticipated demand2 7,b7 the degree to which the proposed project's business plan considers potential private sector participation in the financing1 construction1 or operation of the proposed project2 7,c7 the applicant's past performance in developing and delivering similar projects1 and previous financial contributions2 7,d7 whether the applicant has1 or will have-- 7i7 the legal1 financial1 and technical capacity to carry out the project2 7ii7 satisfactory continuing control over the use of the equipment or facilities2 and 7iii7 the capability and willingness to maintain the equipment or facilities2 7,e7 if applicable1 the consistency of the project with planning guidance and documents set forth by the ,secretary or required by law2 and 7,f7 any other relevant factors1 as determined by the ,secretary4 7e7 ,planning requirements ,a project is not eligible for a grant under this section unless the project is specifically identified-- 7#a7 on a ,state rail plan prepared in accordance with chapter #bbg2 or 7#b7 if the project is located on the ,northeast ,corridor1 on the ,northeast ,corridor ,capital ,investment ,plan developed pursuant to section #bdijd7;a74 7f7 ,northeast corridor projects 7#a7 ,compliance with usage agreements ,grant funds may not be provided under this section to an eligible recipient for an eligible project located on the ,northeast ,corridor unless ,amtrak and the public authorities providing commuter rail passenger transportation on the ,northeast ,corridor are in compliance with section #bdije7;c77#b74 7#b7 ,capital investment plan ,when selecting projects located on the ,northeast ,corridor1 the ,secretary shall consider the appropriate sequence and phasing of projects as contained in the ,northeast ,corridor ,capital ,investment ,plan developed pursuant to section #bdijd7;a74 7g7 ,federal share of total project costs 7#a7 ,total project cost ,the ,secretary shall estimate the total cost of a project under this section based on the best available information1 including engineering studies1 studies of economic feasibility1 environmental analyses1 and information on the expected use of equipment or facilities4 7#b7 ,federal share ,the ,federal share of total costs for a project under this subsection shall not exceed #hj percent4 7#c7 ,treatment of ,amtrak revenue ,if ,amtrak or another rail passenger carrier is an applicant under this section1 ,amtrak or the other rail passenger carrier1 as applicable1 may use ticket and other revenues generated from its operations and other sources to satisfy the non-,federal share requirements4 7h7 ,letters of intent 7#a7 ,in general ,the ,secretary may issue a letter of intent to a grantee under this section that-- 7,a7 announces an intention to obligate1 for a major capital project under this section1 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 project2 and 7,b7 states that the contingent commitment-- 7i7 is not an obligation of the ,federal ,government2 and 7ii7 is subject to the availability of appropriations under ,federal law and to ,federal laws in force or enacted after the date of the contingent commitment4 7#b7 ,congressional notification 7,a7 ,in general ,not later than #cj days before issuing a letter under paragraph 7#a71 the ,secretary shall submit written notification to-- 7i7 the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate2 7ii7 the ,committee on ,appropriations of the ,senate2 7iii7 the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives2 and 7iv7 the ,committee on ,appropriations of the ,house of ,representatives4 7,b7 ,contents ,the notification submitted pursuant to subparagraph 7,a7 shall include-- 7i7 a copy of the proposed letter or agreement2 7ii7 the criteria used under subsection 7d7 for selecting the project for a grant award2 and 7iii7 a description of how the project meets such criteria4 7#c7 ,appropriations required ,an obligation or administrative commitment may be made under this section only when amounts are appropriated for such purpose4 7i7 ,availability ,amounts appropriated for carrying out this section shall remain available until expended4 7j7 ,grant conditions ,except as specifically provided in this section1 the use of any amounts appropriated for grants under this section shall be subject to the requirements under this chapter4 4 7b7 ,conforming amendment ,the table of contents for chapter #bdd is amended by inserting after the item relating to section #bddjf the following3 #bddjg4 ,federal-,state partnership for state-of-good-repair4 4 #ecjc4 ,large capital project requirements ,section #bddjb is amended by adding at the end the following3 7m7 ,large capital project requirements 7#a7 ,in general ,for a grant awarded under this chapter for an amount in excess of #a1jjj1jjj1jjj1 the following conditions shall apply3 7,a7 ,the ,secretary of ,transportation may not obligate any funding unless the applicant demonstrates1 to the satisfaction of the ,secretary1 that the applicant has committed1 and will be able to fulfill1 the non-,federal share required for the grant within the applicant's proposed project completion timetable4 7,b7 ,the ,secretary may not obligate any funding for work activities that occur after the completion of final design unless-- 7i7 the applicant submits a financial plan to the ,secretary that generally identifies the sources of the non-,federal funding required for any subsequent segments or phases of the corridor service development program covering the project for which the grant is awarded2 7ii7 the grant will result in a useable segment1 a transportation facility1 or equipment1 that has operational independence or is financially sustainable2 and 7iii7 the intercity passenger rail benefits anticipated to result from the grant1 such as increased speed1 improved on-time performance1 reduced trip time1 increased frequencies1 new service1 safety improvements1 improved accessibility1 or other significant enhancements1 are detailed by the grantee and approved by the ,secretary4 7,c7 7i7 ,the ,secretary shall ensure that the project is maintained to the level of utility that is necessary to support the benefits approved under subparagraph 7,b77iii7 for a period of #bj years from the date on which the useable segment1 transportation facility1 or equipment described in subparagraph 7,b77ii7 is placed in service4 7ii7 ,if the project property is not maintained as required under clause 7i7 for a #ab-month period1 the grant recipient shall refund a pro-rata share of the ,federal contribution1 based upon the percentage remaining of the #bj-year period that commenced when the project property was placed in service4 7#b7 ,early work ,the ,secretary may allow a grantee subject to this subsection to engage in at-risk work activities subsequent to the conclusion of final design if the ,secretary determines that such work activities are reasonable and necessary4 4 #ecjd4 ,small business participation study 7a7 ,study ,the ,secretary shall conduct a nationwide disparity and availability study on the availability and use of small business concerns owned and controlled by socially and economically disadvantaged individuals and veteran-owned small businesses in publicly funded intercity passenger rail service projects4 7b7 ,report ,not later than #d years after the date of enactment of this ,act1 the ,secretary shall submit a report containing the results of the study conducted under subsection 7a7 to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives4 7c7 ,definitions ,in this section3 7#a7 ,small business concern ,the term small business concern has the meaning given such term in section #c of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcb71 except that the term does not include any concern or group of concerns controlled by the same socially and economically disadvantaged individual or individuals that have average annual gross receipts during the preceding #c fiscal years in excess of #bb1daj1jjj1 as adjusted annually by the ,secretary for inflation4 7#b7 ,socially and economically disadvantaged individual ,the term socially and economically disadvantaged individual has the meaning given such term in section #h7;d7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcg7;d77 and relevant subcontracting regulations issued pursuant to such ,act1 except that women shall be presumed to be socially and economically disadvantaged individuals for purposes of this section4 7#c7 ,veteran-owned small business ,the term veteran-owned small business has the meaning given the term small business concern owned and controlled by veterans in section #c7q77#c7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcb7q77#c771 except that the term does not include any concern or group of concerns controlled by the same veterans that have average annual gross receipts during the preceding #c fiscal years in excess of #bb1daj1jjj1 as adjusted annually by the ,secretary for inflation4 #ecje4 ,gulf coast rail service working group 7a7 ,in general ,not later than #ij days after the date of enactment of this ,act1 the ,secretary shall convene a working group to evaluate the restoration of intercity rail passenger service in the ,gulf ,coast region between ,new ,orleans1 ,louisiana1 and ,orlando1 ,florida4 7b7 ,membership ,the working group convened pursuant to subsection 7a7 shall consist of representatives of-- 7#a7 the ,federal ,railroad ,administration1 which shall serve as chair of the working group2 7#b7 ,amtrak2 7#c7 the ,states along the proposed route or routes2 7#d7 regional transportation planning organizations and metropolitan planning organizations1 municipalities1 and communities along the proposed route or routes1 which shall be selected by the ,administrator2 7#e7 the ,southern ,rail ,commission2 7#f7 freight railroad carriers whose tracks may be used for such service2 and 7#g7 other entities determined appropriate by the ,secretary1 which may include independent passenger rail operators that express an interest in ,gulf ,coast service4 7c7 ,responsibilities ,the working group shall-- 7#a7 evaluate all options for restoring intercity rail passenger service in the ,gulf ,coast region1 including options outlined in the report transmitted to ,congress pursuant to section #bbf of the ,passenger ,rail ,investment and ,improvement ,act of #bjjh 7division ,b of ,public ,law #aaj-dcb72 7#b7 select a preferred option for restoring such service2 7#c7 develop a prioritized inventory of capital projects and other actions required to restore such service and cost estimates for such projects or actions2 and 7#d7 identify ,federal and non-,federal funding sources required to restore such service1 including options for entering into public-private partnerships to restore such service4 7d7 ,report ,not later than #i months after the date of enactment of this ,act1 the working group shall submit a report to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives that includes-- 7#a7 the preferred option selected under subsection 7c77#b7 and the reasons for selecting such option2 7#b7 the information described in subsection 7c77#c72 7#c7 the funding sources identified under subsection 7c77#d72 7#d7 the costs and benefits of restoring intercity rail passenger transportation in the region2 and 7#e7 any other information the working group determines appropriate4 #ecjf4 ,integrated passenger rail working group 7a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary shall convene a working group to review issues relating to-- 7#a7 the potential operation of ,state-supported routes by rail passenger carriers other than ,amtrak2 and 7#b7 their role in establishing an integrated intercity passenger rail network in the ,united ,states4 7b7 ,membership ,the working group shall consist of a balanced representation of-- 7#a7 the ,federal ,railroad ,administration1 who shall chair the ,working ,group2 7#b7 ,states that fund ,state-sponsored routes2 7#c7 independent passenger rail operators1 including those that carry at least #e1jjj1jjj passengers annually in ,united ,states or international rail service2 7#d7 ,amtrak2 7#e7 railroads that host intercity ,state-supported routes2 7#f7 employee representatives from railroad unions and building trade unions with substantial engagement in railroad rights of way construction and maintenance2 and 7#g7 other entities determined appropriate by the ,secretary4 7c7 ,responsibilities ,the working group shall evaluate options for improving ,state-supported routes and may make recommendations1 as appropriate1 regarding-- 7#a7 best practices for ,state or ,state authority governance of ,state-supported routes2 7#b7 future sources of ,federal and non-,federal funding sources for ,state-supported routes2 7#c7 best practices in obtaining passenger rail operations and services on a competitive basis with the objective of creating the highest quality service at the lowest cost to the taxpayer2 7#d7 ensuring potential interoperability of ,state-supported routes as a part of a national network with multiple providers providing integrated services including ticketing1 scheduling1 and route planning2 and 7#e7 the interface between ,state-supported routes and connecting commuter rail operations1 including maximized intra-modal and intermodal connections and common sources of funding for capital projects4 7d7 ,meetings ,not later than #fj days after the establishment of the working group by the ,secretary under subsection 7a71 the working group shall convene an organizational meeting outside of the ,district of ,columbia and shall define the rules and procedures governing the proceedings of the working group4 ,the working group shall hold at least #c meetings per year in ,states that fund ,state-supported routes4 7e7 ,reports 7#a7 ,preliminary report ,not later than #a year after the date the working group is established1 the working group shall submit a preliminary report to the ,secretary1 the governors of ,states funding ,state-supported routes1 the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate1 and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives that includes-- 7,a7 administrative recommendations that can be implemented by a ,state and ,state authority or by the ,secretary2 and 7,b7 preliminary legislative recommendations4 7#b7 ,final legislative recommendations ,not later than #b years after the date the working group is established1 the working group shall submit a report to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives that includes final legislative recommendations4 #ecjg4 ,shared-use study 7a7 ,in general ,not later than #c years after the date of enactment of this ,act1 the ,secretary1 in consultation with ,amtrak1 commuter rail authorities1 and other passenger rail operators1 railroad carriers that own rail infrastructure over which both passenger and freight trains operate1 ,states1 the ,surface ,transportation ,board1 the ,northeast ,corridor ,commission established under section #bdije1 the ,state-,supported ,route ,committee established under section #bdgab1 and groups representing rail passengers and customers1 as appropriate1 shall complete a study that evaluates-- 7#a7 the shared use of right-of-way by passenger and freight rail systems2 and 7#b7 the operational1 institutional1 and legal structures that would best support improvements to the systems referred to in paragraph 7#a74 7b7 ,areas of study ,in conducting the study under subsection 7a71 the ,secretary shall evaluate-- 7#a7 the access and use of railroad right-of-way by a rail carrier that does not own the right-of-way1 such as passenger rail services that operate over privately owned right-of-way1 including an analysis of-- 7,a7 access agreements2 7,b7 costs of access2 and 7,c7 the resolution of disputes relating to such access or costs2 7#b7 the effectiveness of existing contractual1 statutory1 and regulatory mechanisms for establishing1 measuring1 and enforcing train performance standards1 including-- 7,a7 the manner in which passenger train delays are recorded2 7,b7 the assignment of responsibility for such delays2 and 7,c7 the use of incentives and penalties for performance2 7#c7 strengths and weaknesses in the existing mechanisms described in paragraph 7#b7 and possible approaches to address the weaknesses2 7#d7 mechanisms for measuring and maintaining public benefits resulting from publicly funded freight or passenger rail improvements1 including improvements directed towards shared-use right-of-way by passenger and freight rail2 7#e7 approaches to operations1 capacity1 and cost estimation modeling that-- 7,a7 allows for transparent decisionmaking2 and 7,b7 protects the proprietary interests of all parties2 7#f7 liability requirements and arrangements1 including-- 7,a7 whether to expand statutory liability limits to additional parties2 7,b7 whether to revise the current statutory liability limits2 7,c7 whether current insurance levels of passenger rail operators are adequate and whether to establish minimum insurance requirements for such passenger rail operators2 and 7,d7 whether to establish a liability regime modeled after section #agj of the ,atomic ,energy ,act of #aied 7#db ,u4,s4,c4 #bbaj72 7#g7 the effect on rail passenger services1 operations1 liability limits and insurance levels of the assertion of sovereign immunity by a ,state2 and 7#h7 other issues identified by the ,secretary4 7c7 ,report ,not later than #fj days after the study under subsection 7a7 is complete1 the ,secretary shall submit to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives a report that includes-- 7#a7 the results of the study2 and 7#b7 any recommendations for further action1 including any legislative proposals consistent with such recommendations4 7d7 ,implementation ,the ,secretary shall integrate the recommendations submitted under subsection 7c7 into its financial assistance programs under subtitle ,v of title #di1 ,united ,states ,code1 and section #ejb of the ,railroad ,revitalization and ,regulatory ,reform ,act of #aigf 7#de ,u4,s4,c4 #hbb71 as appropriate4 #ecjh4 ,northeast ,corridor ,commission 7a7 ,composition ,section #bdije7;a7 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 in the matter preceding subparagraph 7,a71 by inserting 1 infrastructure investments1 after rail operations2 7,b7 by amending subparagraph 7,b7 to read as follows3 7,b7 members representing the ,department of ,transportation1 including the ,office of the ,secretary1 the ,federal ,railroad ,administration1 and the ,federal ,transit ,administration2 2 and 7,c7 in subparagraph 7,d7 by inserting and commuter after freight2 and 7#b7 by amending paragraph 7#f7 to read as follows3 7#f7 ,the members of the ,commission shall elect co-chairs consisting of #a member described in paragraph 7#a77;,b7 and #a member described in paragraph 7#a77;,c74 4 7b7 ,statement of goals and recommendations ,section #bdije7;b7 is amended-- 7#a7 in paragraph 7#a71 by inserting and periodically update after develop2 7#b7 in paragraph 7#b77;,a71 by striking beyond those specified in the state-of-good-repair plan under section #baa of the ,passenger ,rail ,investment and ,improvement ,act of #bjjh2 and 7#c7 by adding at the end the following3 7#c7 ,submission of statement of goals1 recommendations1 and performance reports ,the ,commission shall submit to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives-- 7,a7 any updates made to the statement of goals developed under paragraph 7#a7 not later than #fj days after such updates are made2 and 7,b7 annual performance reports and recommendations for improvements1 as appropriate1 issued not later than ,march #ca of each year1 for the prior fiscal year1 which summarize-- 7i7 the operations and performance of commuter1 intercity1 and freight rail transportation along the ,northeast ,corridor2 and 7ii7 the delivery of the capital plan described in section #bdijd4 4 7c7 ,cost allocation policy ,section #bdije7;c7 is amended-- 7#a7 in the subsection heading1 by striking ,access costs and inserting ,allocation of costs2 7#b7 in paragraph 7#a7-- 7,a7 in the paragraph heading1 by striking formula and inserting policy2 7,b7 in the matter preceding subparagraph 7,a71 by striking ,within #b years after the date of enactment of the ,passenger ,rail ,investment and ,improvement ,act of #bjjh1 the ,commission and inserting ,the ,commission2 7,c7 in subparagraph 7,a71 by striking formula and inserting policy2 and 7,d7 by striking subparagraphs 7,b7 through 7,d7 and inserting the following3 7,b7 develop a proposed timetable for implementing the policy2 7,c7 submit the policy and timetable developed under subparagraph 7,b7 to the ,surface ,transportation ,board1 the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate1 and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives2 7,d7 not later than ,october #a1 #bjae1 adopt and implement the policy in accordance with the timetable2 and 7,e7 with the consent of a majority of its members1 the ,commission may petition the ,surface ,transportation ,board to appoint a mediator to assist the ,commission members through nonbinding mediation to reach an agreement under this section4 2 7#c7 in paragraph 7#b7-- 7,a7 by striking formula proposed in and inserting policy developed under2 and 7,b7 in the second sentence-- 7i7 by striking the timetable1 the ,commission shall petition the ,surface ,transportation ,board to and inserting paragraph 7#a77;,d7 or fail to comply with the policy thereafter1 the ,surface ,transportation ,board shall2 and 7ii7 by striking amounts for such services in accordance with section #bdijd7;c7 of this title and inserting for such usage in accordance with the procedures and procedural schedule applicable to a proceeding under section #bdijc7;c71 after taking into consideration the policy developed under paragraph 7#a77;,a71 as applicable2 7#d7 in paragraph 7#c71 by striking formula and inserting policy2 and 7#e7 by adding at the end the following3 7#d7 ,request for dispute resolution ,if a dispute arises with the implementation of1 or compliance with1 the policy developed under paragraph 7#a71 the ,commission1 ,amtrak1 or public authorities providing commuter rail passenger transportation on the ,northeast ,corridor may request that the ,surface ,transportation ,board conduct dispute resolution4 ,the ,surface ,transportation ,board shall establish procedures for resolution of disputes brought before it under this paragraph1 which may include the provision of professional mediation services4 4 7d7 ,conforming amendments ,section #bdije is amended-- 7#a7 by striking subsection 7d72 7#b7 by redesignating subsections 7e7 and 7f7 as subsections 7d7 and 7e71 respectively2 7#c7 in subsection 7d71 as redesignated1 by striking to the ,commission such sums as may be necessary for the period encompassing fiscal years #bjji through #bjac to carry out this section and inserting to the ,secretary for the use of the ,commission and the ,northeast ,corridor ,safety ,committee such sums as may be necessary to carry out this section during fiscal years #bjaf through #bjai1 in addition to amounts withheld under section #eaja7;e7 of the ,comprehensive ,transportation and ,consumer ,protection ,act of #bjae2 and 7#d7 in subsection 7e77#b71 as redesignated1 by striking on the main line4 and inserting on the main line and meet annually with the ,commission on the topic of ,northeast ,corridor safety and security44 7e7 ,northeast ,corridor planning 7#a7 ,amendment ,chapter #bdi is amended-- 7,a7 by redesignating section #bdijd as section #bdijc2 and 7,b7 by inserting after section #bdijc1 as redesignated1 the following3 #bdijd4 ,northeast ,corridor planning 7a7 ,northeast ,corridor ,capital ,investment ,plan 7#a7 ,requirement ,not later than ,may #a of each year1 the ,northeast ,corridor ,commission established under section #bdije 7referred to in this section as the ,commission7 shall-- 7,a7 develop a capital investment plan for the ,northeast ,corridor main line between ,boston1 ,massachusetts1 and the ,virginia ,avenue interlocking in the ,district of ,columbia1 and the ,northeast ,corridor branch lines connecting to ,harrisburg1 ,pennsylvania1 ,springfield1 ,massachusetts1 and ,spuyten ,duyvil1 ,new ,york1 including the facilities and services used to operate and maintain those lines2 and 7,b7 submit the capital investment plan to the ,secretary of ,transportation and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives4 7#b7 ,contents ,the capital investment plan shall-- 7,a7 reflect coordination and network optimization across the entire ,northeast ,corridor2 7,b7 integrate the individual capital and service plans developed by each operator using the methods described in the cost allocation policy developed under section #bdije7;c72 7,c7 cover a period of #e fiscal years1 beginning with the first fiscal year after the date on which the plan is completed2 7,d7 notwithstanding section #bdijb7;b71 identify1 prioritize1 and phase the implementation of projects and programs to achieve the service outcomes identified in the ,northeast ,corridor service development plan and the asset condition needs identified in the ,northeast ,corridor asset management plans1 once available1 and consider-- 7i7 the benefits and costs of capital investments in the plan2 7ii7 project and program readiness2 7iii7 the operational impacts2 and 7iv7 funding availability2 7,e7 categorize capital projects and programs as primarily associated with2 7i7 normalized capital replacement and basic infrastructure renewals2 7ii7 replacement or rehabilitation of major ,northeast ,corridor infrastructure assets1 including tunnels1 bridges1 stations1 and other assets2 7iii7 statutory1 regulatory1 or other legal mandates2 7iv7 improvements to support service enhancements or growth2 or 7v7 strategic initiatives that will improve overall operational performance or lower costs2 7,f7 identify capital projects and programs that are associated with more than #a category described in subparagraph 7,e72 7,g7 describe the anticipated outcomes of each project or program1 including an assessment of-- 7i7 the potential effect on passenger accessibility1 operations1 safety1 reliability1 and resiliency2 7ii7 the ability of infrastructure owners and operators to meet regulatory requirements if the project or program is not funded2 and 7iii7 the benefits and costs2 and 7,h7 include a financial plan4 7#c7 ,financial plan ,the financial plan under paragraph 7#b77;,h7 shall-- 7,a7 identify funding sources and financing methods2 7,b7 identify the expected allocated shares of costs pursuant to the cost allocation policy developed under section #bdije7;c72 7,c7 identify the projects and programs that the ,commission expects will receive ,federal financial assistance2 and 7,d7 identify the eligible entity or entities that the ,commission expects will receive the ,federal financial assistance described under subparagraph 7,c74 7b7 ,failure ,to ,develop a ,capital ,investment ,plan ,if a capital investment plan has not been developed by the ,commission for a given fiscal year1 then the funds assigned to the account established under section #bdcai7;b7 for that fiscal year may be spent only on-- 7#a7 capital projects described in clause 7i7 or 7iii7 of subsection 7a77#b77;,e7 of this section2 or 7#b7 capital projects described in subsection 7a77#b77;,e77iv7 of this section that are for the sole benefit of ,amtrak4 7c7 ,northeast ,corridor ,asset ,management 7#a7 ,contents ,with regard to its infrastructure1 ,amtrak and each ,state and public transportation entity that owns infrastructure that supports or provides for intercity rail passenger transportation on the ,northeast ,corridor shall develop an asset management system and develop and update1 as necessary1 a ,northeast ,corridor asset management plan for each service territory described in subsection 7a7 that-- 7,a7 are consistent with the ,federal ,transit ,administration process1 as authorized under section #ecbf1 when implemented2 and 7,b7 include1 at a minimum-- 7i7 an inventory of all capital assets owned by the developer of the asset management plan2 7ii7 an assessment of asset condition2 7iii7 a description of the resources and processes necessary to bring or maintain those assets in a state-of-good-repair1 including decision-support tools and investment prioritization methods2 and 7iv7 a description of changes in asset condition since the previous version of the plan4 7#b7 ,transmittal ,each entity described in paragraph 7#a7 shall transmit to the ,commission-- 7,a7 not later than #b years after the date of enactment of the ,comprehensive ,transportation and ,consumer ,protection ,act of #bjae1 its ,northeast ,corridor asset management plan developed under paragraph 7#a72 and 7,b7 at least biennial thereafter1 an update to its ,northeast ,corridor asset management plan4 7d7 ,northeast ,corridor service development plan updates ,not less frequently than once every #aj years1 the ,commission shall update the ,northeast ,corridor service development plan4 4 7#b7 ,conforming amendments 7,a7 ,note and mortgage ,section #bdijg7;a7 is amended by striking section #bdijd of this title and inserting section #bdijc4 7,b7 ,table of contents amendment ,the table of contents for chapter #bdi is amended-- 7i7 by redesignating the item relating to section #bdijd as relating to section #bdijc2 and 7ii7 by inserting after the item relating to section #bdijc1 as redesignated1 the following3 #bdijd4 ,northeast ,corridor planning4 4 7#c7 ,repeal ,section #baa of the ,passenger ,rail ,investment and ,improvement ,act of #bjjh 7division ,b of ,public ,law #aaj-dcb2 #di ,u4,s4,c4 #bdijb note7 is repealed4 #ecji4 ,northeast ,corridor through-ticketing and procurement efficiencies 7a7 ,through-,ticketing ,study 7#a7 ,in general ,not later than #c years after the date of enactment of this ,act1 the ,northeast ,corridor ,commission established under section #bdije7;a7 of title #di1 ,united ,states ,code 7referred to in this section as the ,commission71 in consultation with ,amtrak and the commuter rail passenger transportation providers along the ,northeast ,corridor shall complete a study on the feasibility of and options for permitting through-ticketing between ,amtrak service and commuter rail services on the ,northeast ,corridor4 7#b7 ,contents ,in completing the study under paragraph 7#a71 the ,northeast ,corridor ,commission shall-- 7,a7 examine the current state of intercity and commuter rail ticketing technologies1 policies1 and other relevant aspects on the ,northeast ,corridor2 7,b7 consider and recommend technology1 process1 policy1 or other options that would permit through-ticketing to allow intercity and commuter rail passengers to purchase1 in a single transaction1 travel that utilizes ,amtrak and connecting commuter rail services2 7,c7 consider options to expand through-ticketing to include local transit services2 7,d7 summarize costs1 benefits1 opportunities1 and impediments to developing such through-ticketing options2 and 7,e7 develop a proposed methodology1 including cost and schedule estimates1 for carrying out a pilot program on through-ticketing on the ,northeast ,corridor4 7#c7 ,report ,not later than #fj days after the date the study under paragraph 7#a7 is complete1 the ,commission shall submit to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives a report that includes-- 7,a7 the results of the study2 and 7,b7 any recommendations for further action4 7b7 ,joint procurement study 7#a7 ,in general ,not later than #c years after the date of enactment of this ,act1 the ,secretary1 in cooperation with the ,commission1 ,amtrak1 and commuter rail transportation authorities on the ,northeast ,corridor shall complete a study of the potential benefits resulting from ,amtrak and such authorities undertaking select joint procurements for common materials1 assets1 and equipment when expending ,federal funds for such purchases4 7#b7 ,contents ,in completing the study under paragraph 7#a71 the ,secretary shall consider-- 7,a7 the types of materials1 assets1 and equipment that are regularly purchased by ,amtrak and such authorities that are similar and could be jointly procured2 7,b7 the potential benefits of such joint procurements1 including lower procurement costs1 better pricing1 greater market relevancy1 and other efficiencies2 7,c7 the potential costs of such joint procurements2 7,d7 any significant impediments to undertaking joint procurements1 including any necessary harmonization and reconciliation of ,federal and ,state procurement or safety regulations or standards and other requirements2 and 7,e7 whether to create ,federal incentives or requirements relating to considering or carrying out joint procurements when expending ,federal funds4 7#c7 ,transmission ,not later than #fj days after completing the study required under this subsection1 the ,secretary shall submit to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives a report that includes-- 7,a7 the results of the study2 and 7,b7 any recommendations for further action4 7c7 ,northeast ,corridor ,in this section1 the term ,northeast ,corridor means the ,northeast ,corridor main line between ,boston1 ,massachusetts1 and the ,virginia ,avenue interlocking in the ,district of ,columbia1 and the ,northeast ,corridor branch lines connecting to ,harrisburg1 ,pennsylvania1 ,springfield1 ,massachusetts1 and ,spuyten ,duyvil1 ,new ,york1 including the facilities and services used to operate and maintain those lines4 #ecaj4 ,data and analysis 7a7 ,data ,not later than #c years after the date of enactment of this ,act1 the ,secretary1 in consultation with the ,surface ,transportation ,board1 ,amtrak1 freight railroads1 ,state and local governments1 and regional business1 tourism and economic development agencies shall conduct a data needs assessment-- 7#a7 to support the development of an efficient and effective intercity passenger rail network2 7#b7 to identify the data needed to conduct cost-effective modeling and analysis for intercity passenger rail development programs2 7#c7 to determine limitations to the data used for inputs2 7#d7 to develop a strategy to address such limitations2 7#e7 to identify barriers to accessing existing data2 7#f7 to develop recommendations regarding whether the authorization of additional data collection for intercity passenger rail travel is warranted2 and 7#g7 to determine which entities will be responsible for generating or collecting needed data4 7b7 ,benefit-,cost ,analysis ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary shall enhance the usefulness of assessments of benefits and costs1 for intercity passenger rail and freight rail projects-- 7#a7 by providing ongoing guidance and training on developing benefit and cost information for rail projects2 7#b7 by providing more direct and consistent requirements for assessing benefits and costs across transportation funding programs1 including the appropriate use of discount rates2 7#c7 by requiring applicants to clearly communicate the methodology used to calculate the project benefits and costs1 including non-proprietary information on-- 7,a7 assumptions underlying calculations2 7,b7 strengths and limitations of data used2 and 7,c7 the level of uncertainty in estimates of project benefits and costs2 and 7#d7 by ensuring that applicants receive clear and consistent guidance on values to apply for key assumptions used to estimate potential project benefits and costs4 7c7 ,confidential data ,the ,secretary shall protect sensitive or confidential to the greatest extent permitted by law4 ,nothing in this section shall require any entity to provide information to the ,secretary in the absence of a voluntary agreement4 #ecaa4 ,disaster relief 7a7 ,major disaster assistance programs ,section #djf7;a7 of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eagb7;a77 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 in subparagraph 7,a71 by striking and at the end2 7,b7 in subparagraph 7,b71 by striking the period at the end and inserting 2 and2 and 7,c7 by adding at the end the following3 7,c7 to entities that receive ,federal ,government grants to provide critical services for the repair1 restoration1 reconstruction1 or replacement of infrastructure1 facilities1 and equipment that-- 7i7 are owned or operated for the purposes of providing critical services2 and 7ii7 are damaged or destroyed by a major disaster4 2 and 7#b7 in paragraph 7#c77;,b7-- 7,a7 by striking this paragraph and inserting this subsection2 and 7,b7 by inserting transportation1 after education14 7b7 ,debris removal ,section #djg7;a77#b7 of such ,act 7#db ,u4,s4,c4 #eagc7;a77#b77 is amended by inserting entity that receives ,federal ,government grants to provide critical services 7as defined in section #eagb7;a77#c77;,b77 after government4 #ecab4 ,performance-based proposals 7a7 ,solicitation of proposals 7#a7 ,in general ,not later than #cj days after the date of enactment of this ,act1 the ,secretary shall issue a request for proposals for projects for the financing1 design1 construction1 operation1 and maintenance of an intercity passenger rail system1 including-- 7,a7 the ,northeast ,corridor2 7,b7 the ,california ,corridor2 7,c7 the ,empire ,corridor2 7,d7 the ,pacific ,northwest ,corridor2 7,e7 the ,south ,central ,corridor2 7,f7 the ,gulf ,coast ,corridor2 7,g7 the ,chicago ,hub ,network2 7,h7 the ,florida ,corridor2 7,i7 the ,keystone ,corridor2 7,j7 the ,northern ,new ,england ,corridor2 and 7,k7 the ,southeast ,corridor4 7#b7 ,submission ,proposals shall be submitted to the ,secretary not later than #ahj days after the publication of such request for proposals under paragraph 7#a74 7#c7 ,performance standard ,proposals submitted under paragraph 7#b7 shall meet any standards established by the ,secretary4 ,for corridors with existing intercity passenger rail service1 proposals shall also be designed to achieve a reduction of existing minimum intercity rail service trip times between the main corridor city pairs by a minimum of #be percent4 ,in the case of a proposal submitted with respect to paragraph 7#a77;,a71 the proposal shall be designed to achieve a #b-;hour or less express service between ,washington1 ,district of ,columbia1 and ,new ,york ,city1 ,new ,york4 7#d7 ,contents ,a proposal submitted under this subsection shall include-- 7,a7 the names and qualifications of the persons submitting the proposal and the entities proposed to finance1 design1 construct1 operate1 and maintain the railroad1 railroad equipment1 and related facilities1 stations1 and infrastructure2 7,b7 a detailed description of the proposed rail service1 including possible routes1 required infrastructure investments and improvements1 equipment needs and type1 train frequencies1 peak and average operating speeds1 and trip times2 7,c7 a description of how the project would comply with all applicable ,federal rail safety and security laws1 orders1 and regulations2 7,d7 the locations of proposed stations1 which maximize the usage of existing infrastructure to the extent possible1 and the populations such stations are intended to serve2 7,e7 the type of equipment to be used1 including any technologies1 to achieve trip time goals2 7,f7 a description of any proposed legislation needed to facilitate all aspects of the project2 7,g7 a financing plan identifying-- 7i7 projected revenue1 and sources thereof2 7ii7 the amount of any requested public contribution toward the project1 and proposed sources2 7iii7 projected annual ridership projections for the first #aj years of operations2 7iv7 annual operations and capital costs2 7v7 the projected levels of capital investments required both initially and in subsequent years to maintain a state-of-good-repair necessary to provide the initially proposed level of service or higher levels of service2 7vi7 projected levels of private investment and sources thereof1 including the identity of any person or entity that has made or is expected to make a commitment to provide or secure funding and the amount of such commitment2 and 7vii7 projected funding for the full fair market compensation for any asset1 property right or interest1 or service acquired from1 owned1 or held by a private person or ,federal entity that would be acquired1 impaired1 or diminished in value as a result of a project1 except as otherwise agreed to by the private person or entity2 7,h7 a description of how the project would contribute to the development of the intercity passenger rail system and an intermodal plan describing how the system will facilitate convenient travel connections with other transportation services2 7,i7 a description of how the project will ensure compliance with ,federal laws governing the rights and status of employees associated with the route and service1 including those specified in section #bddje of title #di1 ,united ,states ,code2 7,j7 a description of how the design1 construction1 implementation1 and operation of the project will accommodate and allow for future growth of existing and projected intercity1 commuter1 and freight rail service2 7,k7 a description of how the project would comply with ,federal and ,state environmental laws and regulations1 of what environmental impacts would result from the project1 and of how any adverse impacts would be mitigated2 and 7,l7 a description of the project's impacts on highway and aviation congestion1 energy consumption1 land use1 and economic development in the service area4 7b7 ,determination and establishment of commissions ,not later than #ij days after receipt of the proposals under subsection 7a71 the ,secretary shall-- 7#a7 make a determination as to whether any such proposals-- 7,a7 contain the information required under paragraphs 7#c7 and 7#d7 of subsection 7a72 7,b7 are sufficiently credible to warrant further consideration2 7,c7 are likely to result in a positive impact on the ,nation's transportation system2 and 7,d7 are cost-effective and in the public interest2 7#b7 establish a commission under subsection 7c7 for each corridor with #a or more proposals that the ,secretary determines satisfy the requirements of paragraph 7#a72 and 7#c7 forward to each commission established under paragraph 7#b7 the applicable proposals for review and consideration4 7c7 ,commissions 7#a7 ,members ,each commission established under subsection 7b77#b7 shall include-- 7,a7 the governors of the affected ,states1 or their respective designees2 7,b7 mayors of appropriate municipalities with stops along the proposed corridor1 or their respective designees2 7,c7 a representative from each freight railroad carrier using the relevant corridor1 if applicable2 7,d7 a representative from each transit authority using the relevant corridor1 if applicable2 7,e7 representatives of nonprofit employee labor organizations representing affected railroad employees2 and 7,f7 the ,president of ,amtrak or his or her designee4 7#b7 ,appointment and selection ,the ,secretary shall appoint the members under paragraph 7#a74 ,in selecting each commission's members to fulfill the requirements under subparagraphs 7,b7 and 7,e7 of paragraph 7#a71 the ,secretary shall consult with the ,chairperson and ,ranking ,member of the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and of the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives4 7#c7 ,chairperson and vice-chairperson selection ,the ,chairperson and ,vice-,chairperson shall be elected from among members of each commission4 7#d7 ,quorum and vacancy 7,a7 ,quorum ,a majority of the members of each commission shall constitute a quorum4 7,b7 ,vacancy ,any vacancy in each commission shall not affect its powers and shall be filled in the same manner in which the original appointment was made4 7#e7 ,application of law ,except where otherwise provided by this section1 the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app47 shall apply to each commission created under this section4 7d7 ,commission consideration 7#a7 ,in general ,each commission established under subsection 7b77#b7 shall be responsible for reviewing the proposal or proposals forwarded to it under that subsection and not later than #ij days after the establishment of the commission1 shall transmit to the ,secretary a report1 including-- 7,a7 a summary of each proposal received2 7,b7 services to be provided under each proposal1 including projected ridership1 revenues1 and costs2 7,c7 proposed public and private contributions for each proposal2 7,d7 the advantages offered by the proposal over existing intercity passenger rail services2 7,e7 public operating subsidies or assets needed for the proposed project2 7,f7 possible risks to the public associated with the proposal1 including risks associated with project financing1 implementation1 completion1 safety1 and security2 7,g7 a ranked list of the proposals recommended for further consideration under subsection 7e7 in accordance with each proposal's projected positive impact on the ,nation's transportation system2 7,h7 an identification of any proposed ,federal legislation that would facilitate implementation of the projects and ,federal legislation that would be required to implement the projects2 and 7,i7 any other recommendations by the commission concerning the proposed projects4 7#b7 ,verbal presentation ,proposers shall be given an opportunity to make a verbal presentation to the commission to explain their proposals4 7#c7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary for the use of each commission established under subsection 7b77#b7 such sums as are necessary to carry out this section4 7e7 ,selection by ,secretary 7#a7 ,in general ,not later than #fj days after receiving the recommended proposals of the commissions established under subsection 7b77#b71 the ,secretary shall-- 7,a7 review such proposals and select any proposal that provides substantial benefits to the public and the national transportation system1 is cost-effective1 offers significant advantages over existing services1 and meets other relevant factors determined appropriate by the ,secretary2 and 7,b7 submit to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives a report containing any proposal with respect to subsection 7a77#a77;,a7 that is selected by the ,secretary under subparagraph 7,a7 of this paragraph1 all the information regarding the proposal provided to the ,secretary under subsection 7d71 and any other information the ,secretary considers relevant4 7#b7 ,subsequent report ,following the submission of the report under paragraph 7#a77;,b71 the ,secretary shall submit to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives a report containing any proposal with respect to subparagraphs 7,b7 through 7,k7 of subsection 7a77#a7 that are selected by the ,secretary under paragraph 7#a7 of this subsection1 all the information regarding the proposal provided to the ,secretary under subsection 7d71 and any other information the ,secretary considers relevant4 7#c7 ,limitation on report submission ,the report required under paragraph 7#b7 shall not be submitted by the ,secretary until the report submitted under paragraph 7#a77;,b7 has been considered through a hearing by the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives on the report submitted under paragraph 7#a77;,b74 7f7 ,no actions without additional authority ,no ,federal agency may take any action to implement1 establish1 facilitate1 or otherwise act upon any proposal submitted under this section1 other than those actions specifically authorized by this section1 without explicit statutory authority enacted after the date of enactment of this ,act4 7g7 ,definitions ,in this section3 7#a7 ,intercity passenger rail ,the term intercity passenger rail means intercity rail passenger transportation as defined in section #bdajb of title #di1 ,united ,states ,code4 7#b7 ,state ,the term ,state means any of the #ej ,states or the ,district of ,columbia4 #ecac4 ,amtrak ,inspector ,general 7a7 ,authority 7#a7 ,in general ,the ,inspector ,general of ,amtrak shall have the authority available to other ,inspectors ,general1 as necessary in carrying out the duties specified in the ,inspector ,general ,act of #aigh 7#e ,u4,s4,c4 ,app471 to investigate any alleged violation of sections #bhf1 #bhg1 #cga1 #fda1 #ajja1 #ajjb1 and #aeaf of title #ah1 ,united ,states ,code4 7#b7 ,agency ,for purposes of sections #bhf1 #bhg1 #cga1 #fda1 #ajja1 #ajjb1 and #aeaf of title #ah1 ,united ,states ,code1 ,amtrak and the ,amtrak ,office of ,inspector ,general1 shall be considered a corporation in which the ,united ,states has a proprietary interest as set forth in section #f of that title4 7b7 ,assessment ,the ,inspector ,general of ,amtrak shall-- 7#a7 not later than #fj days after the date of enactment of this ,act1 initiate an assessment to determine whether current expenditures or procurements involving ,amtrak's fulfillment of the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaja et seq47 utilize competitive1 market-driven provisions that are applicable throughout the entire term of such related expenditures or procurements2 and 7#b7 not later than #f months after the date of enactment of this ,act1 transmit to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives the assessment under paragraph 7#a74 7c7 ,limitation ,the authority provided by subsections 7a7 and 7b7 shall be effective only with respect to a fiscal year for which ,amtrak receives a ,federal subsidy4 #ecad4 ,miscellaneous provisions 7a7 ,title #di amendments 7#a7 ,contingent interest recoveries ,section #bbajf7;b7 is amended by striking interest thereof and inserting interest thereon4 7#b7 ,authority ,section #bbgjb7;b77#d7 is amended by striking #e years for reapproval by the ,secretary and inserting #d years for acceptance by the ,secretary4 7#c7 ,contents of ,state rail plans ,section #bbgje7;a7 is amended by striking paragraph 7#ab74 7#d7 ,mission ,section #bdaja7;b7 is amended by striking of subsection 7d7 and inserting set forth in subsection 7c74 7#e7 ,table of contents amendment ,the table of contents for chapter #bdc is amended by striking the item relating to section #bdcaf and inserting the following3 #bdcaf4 ,plans to address the needs of families of passengers involved in rail passenger accidents4 4 7#f7 ,update ,section #bdcje7;f77#c7 is amended by striking #a1jjj1jjj and inserting #e1jjj1jjj4 7#g7 ,amtrak ,chapter #bdg is amended-- 7,a7 in section #bdgjb7;a71 by striking not included in the national rail passenger transportation system2 7,b7 in section #bdgjf-- 7i7 in subsection 7a7-- 7,i7 in paragraph 7#a71 by striking a discontinuance under section #bdgjd or or2 and 7,,ii7 in paragraph 7#b71 by striking section #bdgjd or2 and 7ii7 in subsection 7b71 by striking section #bdgjd or2 and 7,c7 in section #bdgji1 by striking ,the ,secretary of the ,treasury and the ,attorney ,general1 and inserting ,the ,secretary of ,homeland ,security14 7b7 ,passenger ,rail ,investment and ,improvement ,act amendments ,section #cje7;a7 of the ,passenger ,rail ,investment and ,improvement ,act of #bjjh 7#di ,u4,s4,c4 #bdaja note7 is amended by inserting nonprofit organizations representing employees who perform overhaul and maintenance of passenger railroad equipment1 after equipment manufacturers14 ,d ,rail safety ,i ,safety improvement #edja4 ,highway-rail grade crossing safety 7a7 ,model ,state ,highway-,rail ,grade ,crossing ,action ,plan 7#a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall develop a model of a ,state-specific highway-rail grade crossing action plan and distribute the model plan to each ,state4 7#b7 ,contents ,the plan developed under paragraph 7#a7 shall include-- 7,a7 methodologies1 tools1 and data sources for identifying and evaluating highway-rail grade crossing safety risks1 including the public safety risks posed by blocked highway-rail grade crossings due to idling trains2 7,b7 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 trains1 including strategies for-- 7i7 education1 including model stakeholder engagement plans or tools2 7ii7 engineering1 including the benefits and costs of different designs and technologies used to mitigate highway-rail grade crossing safety risks2 and 7iii7 enforcement1 including the strengths and weaknesses associated with different enforcement methods2 7,c7 for each ,state1 a customized list and data set of the highway-rail grade crossing accidents or incidents in that ,state over the past #c years1 including the location1 number of deaths1 and number of injuries for each accident or incident2 and 7,d7 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 7b74 7b7 ,state ,highway-,rail ,grade ,crossing ,action ,plans 7#a7 ,requirements ,not later than #ah months after the ,secretary develops and distributes the model plan under subsection 7a71 the ,secretary shall promulgate a rule that requires-- 7,a7 each ,state1 except the #aj ,states identified under section #bjb of the ,rail ,safety ,improvement ,act of #bjjh 7#di ,u4,s4,c4 #bbeja note71 to develop and implement a ,state highway-rail grade crossing action plan2 and 7,b7 each ,state that was identified under section #bjb of the ,rail ,safety ,improvement ,act of #bjjh 7#di ,u4,s4,c4 #bbeja note71 to update its ,state action plan under that section and submit to the ,secretary the updated ,state action plan and a report describing what the ,state did to implement its previous ,state action plan under that section and how it will continue to reduce highway-rail grade crossing safety risks4 7#b7 ,contents ,each ,state plan required under this subsection shall-- 7,a7 identify highway-rail grade crossings that have experienced recent highway-rail grade crossing accidents or incidents1 or are at high risk for accidents or incidents2 7,b7 identify specific strategies for improving safety at highway-rail grade crossings1 including highway-rail grade crossing closures or grade separations2 and 7,c7 designate a ,state official responsible for managing implementation of the ,state plan under subparagraph 7,a7 or 7,b7 of paragraph 7#a71 as applicable4 7#c7 ,assistance ,the ,secretary shall provide assistance to each ,state in developing and carrying out1 as appropriate1 the ,state plan under this subsection4 7#d7 ,public availability ,each ,state shall submit its final ,state plan under this subsection to the ,secretary for publication4 ,the ,secretary shall make each approved ,state plan publicly available on an official ,internet ,web site4 7#e7 ,conditions ,the ,secretary may condition the awarding of a grant to a ,state under chapter #bdd of title #di1 ,united ,states ,code1 on that ,state submitting an acceptable ,state plan under this subsection4 7#f7 ,review of action plans ,not later than #fj days after the date of receipt of a ,state plan under this subsection1 the ,secretary shall-- 7,a7 if the ,state plan is approved1 notify the ,state and publish the ,state plan under paragraph 7#d72 and 7,b7 if the ,state plan is incomplete or deficient1 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 7#a74 7#g7 ,deadline ,not later than #fj days after the date of a notice under paragraph 7#f77;,b71 a ,state shall complete the plan or correct the deficiencies and resubmit the plan4 7#h7 ,failure to complete or correct plan ,if a ,state fails to meet the deadline under paragraph 7#g71 the ,secretary shall post on the ,web site under paragraph 7#d7 a notice that the ,state has an incomplete or deficient highway-rail grade crossing action plan4 7c7 ,railway-,highway ,crossings ,funds ,the ,secretary may use funds made available to carry out section #acj of title #bc1 ,united ,states ,code1 to provide ,states with funds to develop a ,state highway-rail grade crossing action plan under subsection 7b77#a77;,a7 of this section or to update a ,state action plan under subsection 7b77#a77;,b7 of this section4 7d7 ,definitions ,in this section3 7#a7 ,highway-rail grade crossing ,the term highway-rail grade crossing means a location within a ,state1 other than a location where #a or more railroad tracks cross #a or more railroad tracks at grade where-- 7,a7 a public highway1 road1 or street1 or a private roadway1 including associated sidewalks and pathways1 crosses #a or more railroad tracks either at grade or grade-separated2 or 7,b7 a pathway explicitly authorized by a public authority or a railroad carrier that is dedicated for the use of non-vehicular traffic1 including pedestrians1 bicyclists1 and others1 that is not associated with a public highway1 road1 or street1 or a private roadway1 crosses #a or more railroad tracks either at grade or grade-separated4 7#b7 ,state ,the term ,state means a ,state of the ,united ,states or the ,district of ,columbia4 #edjb4 ,confidential close call reporting system 7a7 ,in general ,not later than #c years after the date of enactment of this ,act1 the ,secretary shall promulgate a rule to encourage and facilitate the voluntary participation of railroad carriers1 railroad carrier contractors1 and employees of railroad carriers or railroad carrier contractors 7including any non-profit labor organizations representing a class or craft of directly affected employees of railroads carriers or railroad carrier contractors7 in a confidential close call reporting system4 7b7 ,program elements 7#a7 ,in general ,the ,secretary shall use any information and experience gathered through research and pilot programs on confidential close call reporting systems in developing a rule for the voluntary adoption of confidential close call reporting system programs under this section4 7#b7 ,rulemaking 7,a7 ,in general ,each confidential close call reporting system program shall be designed to improve railroad safety by facilitating greater collection and analysis of reports that describe unsafe conditions and events in the railroad industry1 as reported voluntarily and confidentially by employees4 7,b7 ,requirements ,the rule shall specify-- 7i7 the use of independent third parties for the collection of close call reports1 de-identification of data1 and distribution of close call data2 7ii7 the criteria for participating voluntarily in the confidential close call reporting system2 7iii7 the criteria for accepting confidential close call reports2 7iv7 the appropriate use and protection1 including the information protections described in subsection 7d71 of peer review teams and participation of the ,secretary's representatives2 7v7 the relief from specific railroad safety regulatory provisions and the conditions under which the relief will and will not be granted2 and 7vi7 the appropriate use and protection1 including the information protections described in subsection 7d71 of confidential data generated under voluntary participation in the confidential close call reporting system4 7c7 ,program development 7#a7 ,in general ,a railroad carrier voluntarily participating in a confidential close call reporting system program1 pursuant to program elements contained in the final rule promulgated under subsection 7b7 and in collaboration with the ,secretary1 railroad carrier contractors 7as appropriate71 and employees of railroad carriers or railroad carrier contractors 7including any non-profit labor organization representing a class or craft of directly affected employees of railroad carriers or railroad carrier contractors71 shall develop an implementing memorandum of understanding that establishes agreed-upon terms for participation in the confidential close call reporting system4 7#b7 ,signatures required ,an implementing memorandum of understanding under paragraph 7#a7 shall be signed by-- 7,a7 the ,secretary or the ,secretary's designee2 7,b7 the participating railroad carrier or the representative thereof2 7,c7 if appropriate1 each participating railroad carrier contractor or the representative thereof2 and 7,d7 the participating employees and contractors or the representative thereof 7such as #a or more non-profit labor organizations representing a class or craft of directly affected employees of the railroad carrier or railroad carrier contractor74 7d7 ,information protection 7#a7 ,in general ,for a confidential close call reporting system program established through an implementing memorandum of understanding described in subsection 7c71 the rule shall include provisions that withhold from discovery or admission into evidence 7in a ,federal or ,state court proceeding for damages involving personal injury1 wrongful death1 or property damage against a railroad carrier or railroad carrier contractor7 any plan1 document1 report1 survey1 schedule1 list1 or data compiled or collected for the sole purpose of developing1 evaluating1 planning1 or implementing a confidential close call reporting system program1 including a railroad carrier's analysis of its close calls or near misses4 7#b7 ,retroactive applications ,with regard to a voluntary confidential close call reporting system that was in effect prior to the date of final rule under subsection 7a71 the ,secretary-- 7,a7 shall allow the parties participating in that system to sign a new or revised implementing memorandum of understanding that prospectively entitles the parties to the information protections under paragraph 7#a72 and 7,b7 may retroactively apply the information protections under paragraph 7#a7 to any information and analyses that was generated under that system prior to the date of the final rule4 7#c7 ,confidentiality ,for a confidential close call reporting system program established through an implementing memorandum of understanding described in subsection 7c71 the ,secretary shall ensure that the ,department of ,transportation and any entity collecting close call reports1 de-identifying data1 or distributing close call data provide the same level of confidentiality as contained in the ,confidential ,information ,protection and ,statistical ,efficiency ,act of #bjjb 7#dd ,u4,s4,c4 #ceja note71 as administered by the ,bureau of ,transportation ,statistics4 7e7 ,savings clause ,nothing in this section shall-- 7#a7 require a railroad carrier to adopt a confidential close call reporting system program2 7#b7 prohibit a railroad carrier from voluntarily adopting a confidential close call reporting system program outside of the rulemaking framework2 and 7#c7 require the ,secretary to develop a confidential close call reporting system program with a railroad carrier1 a railroad carrier contractor1 employees of the railroad carrier or railroad carrier contractor1 or any non-profit labor organizations representing a class or craft of employees of a railroad carrier or a railroad carrier contractor4 7f7 ,definition of railroad carrier ,in this section1 the term railroad carrier has the meaning given the term in section #bjajb of title #di1 ,united ,states ,code4 7g7 ,additional information protections ,section #bjaah is amended-- 7#a7 in subsection 7a7-- 7,a7 in the matter preceding paragraph 7#a7-- 7i7 by inserting 81 confidential close call reporting system program10 after 8safety risk reduction program02 and 7ii7 by inserting pursuant to section #eeb7;b77#c7 of that title1 after section #eeb of title #e2 7,b7 in paragraph 7#a71 by inserting 81 confidential close call reporting system program10 after 8safety risk reduction program02 and 7,c7 in paragraph 7#b71 by inserting 81 confidential close call reporting system program10 after 8safety risk reduction program02 7#b7 in subsection 7b71 by inserting 81 confidential close call reporting system program10 after 8safety risk reduction program02 and 7#c7 in subsection 7c71 by inserting 81 of any information or analyses generated as part of a confidential close call reporting system program10 after 8risk mitigation analyses04 #edjc4 ,speed limit action plans 7a7 ,in general ,not later than #ij days after the date of enactment of this ,act1 each railroad carrier providing intercity rail passenger transportation or commuter rail passenger transportation1 in consultation with any applicable host railroad carrier1 shall survey its entire system and identify each main track location where there is a reduction of more than #bj miles per hour from the approach speed to a curve or bridge and the maximum authorized operating speed for passenger trains at that curve or bridge4 7b7 ,action plans ,not later than #abj days after the date that the survey under subsection 7a7 is complete1 a rail passenger carrier shall submit to the ,secretary an action plan that-- 7#a7 identifies each main track location where there is a reduction of more than #bj miles per hour from the approach speed to a curve or bridge and the maximum authorized operating speed for passenger trains at that curve or bridge2 7#b7 describes appropriate actions1 including modification to automatic train control systems1 if applicable1 other signal systems1 increased crew size1 improved signage1 or other practices1 including increased crew communication1 to enable warning and enforcement of the maximum authorized speed for passenger trains at each location identified under paragraph 7#a72 7#c7 contains milestones and target dates for implementing each appropriate action described under paragraph 7#b72 and 7#d7 ensures compliance with the maximum authorized speed at each location identified under paragraph 7#a74 7c7 ,approval ,not later than #ij days after the date an action plan is submitted under subsection 7a71 the ,secretary shall approve1 approve with conditions1 or disapprove the action plan4 7d7 ,alternative safety measures ,the ,secretary may exempt from the requirements of this section each segment of track for which operations are governed by a positive train control system certified under section #bjaeg of title #di1 ,united ,states ,code1 or any other safety technology or practice that would achieve an equivalent or greater level of safety in reducing derailment risk4 7e7 ,report ,not later than #f months after the date of the enactment of this ,act1 the ,secretary shall submit a report to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives that describes-- 7#a7 the actions the railroad carriers have taken in response to ,safety ,advisory #bjac-jh1 entitled ,operational ,tests and ,inspections for ,compliance ,with ,maximum ,authorized ,train ,speeds and ,other ,speed ,restrictions2 7#b7 the actions the railroad carriers have taken in response to ,safety ,advisory #bjae-jc1 entitled ,operational and ,signal ,modifications for ,compliance with ,maximum ,authorized ,passenger ,train ,speeds and ,other ,speed ,restrictions2 and 7#c7 the actions the ,federal ,railroad ,administration has taken to evaluate or incorporate the information and findings arising from the safety advisories referred to in paragraphs 7#a7 and 7#b7 into the development of regulatory action and oversight activities4 7f7 ,savings clause ,nothing in this section shall prohibit the ,secretary from applying the requirements of this section to other segments of track at high risk of overspeed derailment4 #edjd4 ,signage 7a7 ,in general ,the ,secretary shall promulgate such regulations as the ,secretary considers necessary to require each railroad carrier providing intercity rail passenger transportation or commuter rail passenger transportation1 in consultation with any applicable host railroad carrier1 to install signs to warn train crews before the train approaches a location that the ,secretary identifies as having high risk of overspeed derailment4 7b7 ,alternative safety measures ,the ,secretary may exempt from the requirements of this section each segment of track for which operations are governed by a positive train control system certified under section #bjaeg of title #di1 ,united ,states ,code1 or any other safety technology or practice that would achieve an equivalent or greater level of safety in reducing derailment risk4 #edje4 ,alerters 7a7 ,in general ,the ,secretary shall promulgate a rule to require a working alerter in the controlling locomotive of each passenger train in intercity rail passenger transportation 7as defined in section #bdajb of title #di1 ,united ,states ,code7 or commuter rail passenger transportation 7as defined in section #bdajb of title #di1 ,united ,states ,code74 7b7 ,rulemaking 7#a7 ,in general ,the ,secretary may promulgate a rule to specify the essential functionalities of a working alerter1 including the manner in which the alerter can be reset4 7#b7 ,alternate practice or technology ,the ,secretary may require or allow a technology or practice in lieu of a working alerter if the ,secretary determines that the technology or practice would achieve an equivalent or greater level of safety in enhancing or ensuring appropriate locomotive control4 #edjf4 ,signal protection 7a7 ,in general ,the ,secretary shall promulgate regulations to require1 not later than #ah months after the date of the enactment of this ,act1 that on-track safety regulations1 whenever practicable and consistent with other safety requirements and operational considerations1 include requiring implementation of redundant signal protection1 such as shunting or other practices and technologies that achieve an equivalent or greater level of safety1 for maintenance-of-way work crews who depend on a train dispatcher to provide signal protection4 7b7 ,alternative safety measures ,the ,secretary may exempt from the requirements of this section each segment of track for which operations are governed by a positive train control system certified under section #bjaeg of title #di1 ,united ,states ,code1 or any other safety technology or practice that would achieve an equivalent or greater level of safety in providing additional signal protection4 #edjg4 ,technology implementation plans ,section #bjaef7;e7 is amended-- 7#a7 in paragraph 7#d7-- 7,a7 in subparagraph 7,a71 by striking and at the end2 and 7,b7 in subparagraph 7,b71 by striking the period at the end and inserting 2 and2 and 7#b7 by adding at the end the following3 7,c7 each railroad carrier required to submit such a plan1 until the implementation of a positive train control system by the railroad carrier1 shall analyze and1 as appropriate1 prioritize technologies and practices to mitigate the risk of overspeed derailments4 4 #edjh4 ,commuter rail track inspections 7a7 ,in general ,the ,secretary shall evaluate track inspection regulations to determine if a railroad carrier providing commuter rail passenger transportation on high density commuter railroad lines should be required to inspect the lines in the same manner as currently required for other commuter railroad lines4 7b7 ,rulemaking ,considering safety1 including railroad carrier employee and contractor safety1 and system capacity1 the ,secretary may promulgate a rule for high density commuter railroad lines4 ,if1 after the evaluation under subsection 7a71 the ,secretary determines that it is necessary to promulgate a rule1 the ,secretary shall specifically consider the following regulatory requirements for high density commuter railroad lines3 7#a7 ,at least once every #b weeks-- 7,a7 traverse each main line by vehicle2 or 7,b7 inspect each main line on foot4 7#b7 ,at least once each month1 traverse and inspect each siding by vehicle or by foot4 7c7 ,report ,if1 after the evaluation under subsection 7a71 the ,secretary determines it is not necessary to revise the regulations under this section1 the ,secretary1 not later than #ah months after the date of enactment of this ,act1 shall transmit a report to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives explaining the reasons for not revising the regulations4 7d7 ,construction ,nothing in this section may be construed to limit the authority of the ,secretary to promulgate regulations or issue orders under any other law4 #edji4 ,emergency response 7a7 ,in general ,the ,secretary1 in consultation with railroad carriers1 shall conduct a study to determine whether limitations or weaknesses exist in the emergency response information carried by train crews transporting hazardous materials4 7b7 ,contents ,in conducting the study under subsection 7a71 the ,secretary shall evaluate the differences between the emergency response information carried by train crews transporting hazardous materials and the emergency response guidance provided in the ,emergency ,response ,guidebook issued by the ,department of ,transportation4 7c7 ,report ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall transmit to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives a report of the findings of the study under subsection 7a7 and any recommendations for legislative action4 #edaj4 ,private highway-rail grade crossings 7a7 ,in general ,the ,secretary1 in consultation with railroad carriers1 shall conduct a study-- 7#a7 to determine whether limitations or weaknesses exist regarding the availability and usefulness for safety purposes of data on private highway-rail grade crossings2 and 7#b7 to evaluate existing engineering practices on private highway-rail grade crossings4 7b7 ,contents ,in conducting the study under subsection 7a71 the ,secretary shall make recommendations as necessary to improve-- 7#a7 the utility of the data on private highway-rail grade crossings2 and 7#b7 the implementation of private highway-rail crossing safety measures1 including signage and warning systems4 7c7 ,report ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall transmit to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives a report of the findings of the study and any recommendations for further action4 #edaa4 ,repair and replacement of damaged track inspection equipment 7a7 ,in general ,subchapter ,i of chapter #bja is amended by inserting after section #bjabj the following3 #bjaba4 ,repair and replacement of damaged track inspection equipment ,the ,secretary of ,transportation may receive and expend cash1 or receive and utilize spare parts and similar items1 from non-,united ,states ,government sources to repair damages to or replace ,united ,states ,government owned automated track inspection cars and equipment as a result of third-party liability for such damages1 and any amounts collected under this section shall be credited directly to the ,railroad ,safety and ,operations account of the ,federal ,railroad ,administration1 and shall remain available until expended for the repair1 operation1 and maintenance of automated track inspection cars and equipment in connection with the automated track inspection program4 4 7b7 ,conforming amendment ,the table of contents for subchapter ,i of chapter #bja is amended by adding after section #bajbj the following3 #bjaba4 ,repair and replacement of damaged track inspection equipment4 4 #edab4 ,rail police officers 7a7 ,in general ,section #bhaja is amended-- 7#a7 by striking employed by each place it appears and inserting directly employed by or contracted by2 7#b7 in subsection 7b71 by inserting or agent1 as applicable1 after an employee2 and 7#c7 by adding at the end the following3 7c7 ,transfers 7#a7 ,in general ,if a railroad police officer directly employed by or contracted by a rail carrier and certified or commissioned as a police officer under the laws of a ,state transfers primary employment or residence from the certifying or commissioning ,state to another ,state or jurisdiction1 the railroad police officer1 not later than #a year after the date of transfer1 shall apply to be certified or commissioned as a police office under the laws of the ,state of new primary employment or residence4 7#b7 ,interim period ,during the period beginning on the date of transfer and ending #a year after the date of transfer1 a railroad police officer directly employed by or contracted by a rail carrier and certified or commissioned as a police officer under the laws of a ,state may enforce the laws of the new jurisdiction in which the railroad police officer resides1 to the same extent as provided in subsection 7a74 7d7 ,training 7#a7 ,in general ,a ,state shall recognize as meeting that ,state's basic police officer certification or commissioning requirements for qualification as a rail police officer under this section any individual who successfully completes a program at a ,state-recognized police training academy in another ,state or at a ,federal law enforcement training center and who is certified or commissioned as a police officer by that other ,state4 7#b7 ,rule of construction ,nothing in this subsection shall be construed as superseding or affecting any unique ,state training requirements related to criminal law1 criminal procedure1 motor vehicle code1 or ,state-mandated comparative or annual in-service training academy or ,federal law enforcement training center4 4 7b7 ,regulations ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall revise the regulations in part #bjg of title #di1 ,code of ,federal ,regulations 7relating to railroad police officers71 to permit a railroad to designate an individual1 who is commissioned in the individual's ,state of legal residence or ,state of primary employment and directly employed by or contracted by a railroad to enforce ,state laws for the protection of railroad property1 personnel1 passengers1 and cargo1 to serve in the ,states in which the railroad owns property4 7c7 ,conforming amendments 7#a7 ,amtrak rail police ,section #bdcje7;e7 is amended-- 7,a7 by striking may employ and inserting may directly employ or contract with2 7,b7 by striking employed by and inserting directly employed by or contracted by2 and 7,c7 by striking employed without and inserting directly employed or contracted without4 7#b7 ,secure gun storage or safety device2 exceptions ,section #ibb7z77#b77;,b7 of title #ah is amended by striking employed by and inserting directly employed by or contracted by4 #edac4 ,operation deep dive2 report 7a7 ,progress reports ,not later than #fj days after the date of the enactment of this ,act1 and quarterly thereafter until the completion date1 the ,administrator of the ,federal ,railroad ,administration shall submit a report to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives that describes the progress of ,metro-,north ,commuter ,railroad in implementing the directives and recommendations issued by the ,federal ,railroad ,administration in its ,march #bjad report to ,congress titled ,operation ,deep ,dive ,metro-,north ,commuter ,railroad ,safety ,assessment4 7b7 ,final report ,not later than #cj days after the completion date1 the ,administrator of the ,federal ,railroad ,administration shall submit a final report on the directives and recommendations to ,congress4 7c7 ,defined term ,in this section1 the term completion date means the date on which ,metro-,north ,commuter ,railroad has completed all of the directives and recommendations referred to in subsection 7a74 #edad4 ,post-accident assessment 7a7 ,in general ,the ,secretary of ,transportation1 in cooperation with the ,national ,transportation ,safety ,board and the ,national ,railroad ,passenger ,corporation 7referred to in this section as ,amtrak71 shall conduct a post-accident assessment of the ,amtrak ,northeast ,regional ,train #ahh crash on ,may #ab1 #bjae4 7b7 ,elements ,the assessment conducted pursuant to subsection 7a7 shall include-- 7#a7 a review of ,amtrak's compliance with the plan for addressing the needs of the families of passengers involved in any rail passenger accident1 which was submitted pursuant to section #bdcaf of title #di1 ,united ,states ,code2 7#b7 a review of ,amtrak's compliance with the emergency preparedness plan required under section #bci4aja7;a7 of title #di1 ,code of ,federal ,regulations2 7#c7 a determination of any additional action items that should be included in the plans referred to in paragraphs 7#a7 and 7#b7 to meet the needs of the passengers involved in the crash and their families1 including-- 7,a7 notification of emergency contacts2 7,b7 dedicated and trained staff to manage family assistance2 7,c7 the establishment of a family assistance center at the accident locale or other appropriate location2 7,d7 a system for identifying and recovering items belonging to passengers that were lost in the crash2 and 7,e7 the establishment of a single customer service entity within ,amtrak to coordinate the response to the needs of the passengers involved in the crash and their families2 and 7#d7 recommendations for any additional training needed by ,amtrak staff to better implement the plans referred to in paragraphs 7#a7 and 7#b71 including the establishment of a regular schedule for training drills and exercises4 7c7 ,report to ,congress ,not later than #a year after the date of the enactment of this ,act1 ,amtrak shall submit a report to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives that describes-- 7#a7 its plan to achieve the recommendations referred to in subsection 7b77#d72 and 7#b7 steps that have been taken to address any deficiencies identified through the assessment4 #edae4 ,technical and conforming amendments 7a7 ,assistance to families of passengers involved in rail passenger accidents ,section #aaci is amended-- 7#a7 in subsection 7a77#a71 by striking phone number and inserting telephone number2 7#b7 in subsection 7a77#b71 by striking post trauma communication with families and inserting post-trauma communication with families2 and 7#c7 in subsection 7j71 by striking railroad passenger accident each place it appears and inserting rail passenger accident4 7b7 ,solid ,waste ,rail ,transfer ,facility ,land-,use ,exemption ,section #ajiji is amended-- 7#a7 in subsection 7b71 in the matter preceding paragraph 7#a71 by striking ,clean ,railroad ,act of #bjjh and inserting ,clean ,railroads ,act of #bjjh2 and 7#b7 in subsection 7e71 by striking ,upon the granting of petition from the ,state and inserting ,upon the granting of a petition from the ,state4 7c7 ,rulemaking process ,section #bjaaf is amended-- 7#a7 by inserting 7#b7 before the code1 rule1 standard1 requirement1 or practice has been subject to notice and comment under a rule or order issued under this part4 and indenting accordingly2 7#b7 by inserting 7#a7 before unless and indenting accordingly2 7#c7 in paragraph 7#a71 as redesignated1 by striking order1 or and inserting order2 or2 and 7#d7 in the matter preceding paragraph 7#a71 as redesignated1 by striking unless and inserting unless--4 7d7 ,enforcement report ,section #bjabj7;a7 is amended-- 7#a7 in the matter preceding paragraph 7#a71 by striking website and inserting ,web site2 7#b7 in paragraph 7#a71 by striking accident and incidence reporting and inserting accident and incident reporting2 7#c7 in paragraph 7#b77;,g71 by inserting and at the end2 and 7#d7 in paragraph 7#e77;,b71 by striking ,administrative ,hearing ,officer or ,administrative ,law ,judge and inserting administrative hearing officer or administrative law judge4 7e7 ,railroad safety risk reduction program ,section #bjaef is amended-- 7#a7 in subsection 7c71 by inserting a comma after ,in developing its railroad safety risk reduction program2 and 7#b7 in subsection 7g77#a7-- 7,a7 by inserting a comma after good faith2 and 7,b7 by striking non-profit and inserting nonprofit4 7f7 ,roadway ,user ,sight ,distance at ,highway-,rail ,grade ,crossings ,section #bjaei is amended by striking the ,secretary and inserting the ,secretary of ,transportation4 7g7 ,national crossing inventory ,section #bjafj is amended-- 7#a7 in subsection 7a77#a71 by striking concerning each previously unreported crossing through which it operates or with respect to the trackage over which it operates and inserting concerning each previously unreported crossing through which it operates with respect to the trackage over which it operates2 and 7#b7 in subsection 7b77#a77;,a71 by striking concerning each crossing through which it operates or with respect to the trackage over which it operates and inserting concerning each crossing through which it operates with respect to the trackage over which it operates4 7h7 ,minimum training standards and plans ,section #bjafb7;a77#c7 is amended by striking railroad compliance with ,federal standards and inserting railroad carrier compliance with ,federal standards4 7i7 ,development and use of rail safety technology ,section #bjafd7;a7 is amended by striking after enactment of the ,railroad ,safety ,enhancement ,act of #bjjh and inserting after the date of enactment of the ,rail ,safety ,improvement ,act of #bjjh4 7j7 ,rail ,safety ,improvement ,act of #bjjh 7#a7 ,table of contents ,section #a7;b7 of division ,a of the ,rail ,safety ,improvement ,act of #bjjh 7,public ,law #aaj-dcb2 #abb ,stat4 #dhdh7 is amended-- 7,a7 in the item relating to section #cjg1 by striking website and inserting ,web site2 7,b7 in the item relating to title ,,vi1 by striking solid waste facilities and inserting solid waste rail transfer facilities2 and 7,c7 in the item relating to section #fjb1 by striking solid waste transfer facilities and inserting solid waste rail transfer facilities4 7#b7 ,definitions ,section #b7;a77#a7 of division ,a of the ,rail ,safety ,improvement ,act of #bjjh 7,public ,law #aaj-dcb2 #abb ,stat4 #dhdi7 is amended in the matter preceding subparagraph 7,a71 by inserting a comma after at grade4 7#c7 ,railroad safety strategy ,section #ajb7;a77#f7 of title ,i of division ,a of the ,rail ,safety ,improvement ,act of #bjjh 7#di ,u4,s4,c4 #bjaja note7 is amended by striking ,improving the safety of railroad bridges1 tunnels1 and related infrastructure to prevent accidents1 incidents1 injuries1 and fatalities caused by catastrophic failures and other bridge and tunnel failures4 and inserting ,improving the safety of railroad bridges1 tunnels1 and related infrastructure to prevent accidents1 incidents1 injuries1 and fatalities caused by catastrophic and other failures of such infrastructure44 7#d7 ,operation ,lifesaver ,section #bjf7;a7 of title ,,ii of division ,a of the ,rail ,safety ,improvement ,act of #bjjh 7#di ,u4,s4,c4 #bbeja note7 is amended by striking ,public ,service ,announcements and inserting public service announcements4 7#e7 ,update of ,federal ,railroad ,administration's ,web ,site ,section #cjg of title ,,iii of division ,a of the ,rail ,safety ,improvement ,act of #bjjh 7#di ,u4,s4,c4 #ajc note7 is amended-- 7,a7 in the heading by striking ,federal ,railroad ,administration's website and inserting ,federal ,railroad ,administration ,web site2 7,b7 by striking website each place it appears and inserting ,web site2 and 7,c7 by striking website's and inserting ,web site's4 7#f7 ,alcohol and controlled substance testing for maintenance-of-way employees ,section #dab of title ,,iv of division ,a of the ,rail ,safety ,improvement ,act of #bjjh 7#di ,u4,s4,c4 #bjadj note7 is amended by striking ,secretary of ,transportation and inserting ,secretary4 7#g7 ,tunnel information ,section #dad of title ,,iv of division ,a of the ,rail ,safety ,improvement ,act of #bjjh 7#di ,u4,s4,c4 #bjajc note7 is amended-- 7,a7 by striking parts #aga4h1 #agc4aae and inserting sections #aga4h1 #agc4aae2 and 7,b7 by striking part #aebj4e and inserting section #aebj4e4 7#h7 ,safety inspections in ,mexico ,section #daf of title ,,iv of division ,a of the ,rail ,safety ,improvement ,act of #bjjh 7#di ,u4,s4,c4 #bjajg note7 is amended-- 7,a7 in the matter preceding paragraph 7#a71 by striking ,secretary of ,transportation and inserting ,secretary2 and 7,b7 in paragraph 7#d71 by striking subsection and inserting section4 7#i7 ,heading of title ,,vi ,the heading of title ,,vi of division ,a of the ,rail ,safety ,improvement ,act of #bjjh 7#abb ,stat4 #dijj7 is amended by striking solid waste facilities and inserting solid waste rail transfer facilities4 7#aj7 ,heading of section #fjb ,section #fjb of title ,,vi of division ,a of the ,rail ,safety ,improvement ,act of #bjjh 7#abb ,stat4 #dijj7 is amended by striking solid waste transfer facilities and inserting solid waste rail transfer facilities4 ,,ii ,consolidated rail infrastructure and safety improvements #edba4 ,consolidated rail infrastructure and safety improvements 7a7 ,in general ,chapter #bdd1 as amended by section #ecjb of this ,act1 is further amended by adding at the end the following3 #bddjh4 ,consolidated rail infrastructure and safety improvements 7a7 ,general authority ,the ,secretary may make grants under this section to an eligible recipient to assist in financing the cost of improving passenger and freight rail transportation systems in terms of safety1 efficiency1 or reliability4 7b7 ,eligible recipients ,the following entities are eligible to receive a grant under this section3 7#a7 ,a ,state4 7#b7 ,a group of ,states4 7#c7 ,an ,interstate ,compact4 7#d7 ,a public agency or publicly chartered authority established by #a or more ,states and having responsibility for providing intercity rail passenger1 commuter rail passenger1 or freight rail transportation service4 7#e7 ,a political subdivision of a ,state4 7#f7 ,amtrak or another rail passenger carrier that provides intercity rail passenger transportation 7as defined in section #bdajb7 or commuter rail passenger transportation 7as defined in section #bdajb74 7#g7 ,a ,class ,,ii railroad or ,class ,,iii railroad 7as those terms are defined in section #bjajb74 7#h7 ,any rail carrier or rail equipment manufacturer in partnership with at least #a of the entities described in paragraphs 7#a7 through 7#e74 7#i7 ,any entity established to procure1 manage1 or maintain passenger rail equipment under section #cje of the ,passenger ,rail ,investment and ,improvement ,act of #bjjh 7#di ,u4,s4,c4 #bdaja note74 7#aj7 ,an organization that is actively involved in the development of operational and safety-related standards for rail equipment and operations or the implementation of safety-related programs4 7#aa7 ,the ,transportation ,research ,board and any entity with which it contracts in the development of rail-related research1 including cooperative research programs4 7#ab7 ,a ,university transportation center actively engaged in rail-related research4 7#ac7 ,a non-profit labor organization representing a class or craft of employees of railroad carriers or railroad carrier contractors4 7c7 ,eligible projects ,the following projects are eligible to receive grants under this section3 7#a7 ,deployment of railroad safety technology1 including positive train control and rail integrity inspection systems4 7#b7 ,a capital project as defined in section #bddja1 except that a project shall not be required to be in a ,state rail plan developed under chapter #bbg4 7#c7 ,a capital project identified by the ,secretary as being necessary to address congestion challenges affecting rail service4 7#d7 ,a highway-rail grade crossing improvement1 including grade separations1 private highway-rail grade crossing improvements1 and safety engineering improvements to reduce risk in quiet zones or potential quiet zones4 7#e7 ,a rail line relocation project4 7#f7 ,a capital project to improve short-line or regional railroad infrastructure4 7#g7 ,paying all or a portion of the credit risk premium1 as determined under section #ejb7;f7 of the ,railroad ,revitalization and ,regulatory ,reform ,act of #aigf 7#de ,u4,s4,c4 #hbb7;f771 and loan charges described in section #ejc7l7 of that ,act 7#de ,u4,s4,c4 #hbc7l77 for a project eligible for ,federal credit assistance under that ,act 7#de ,u4,s4,c4 #hja et seq474 7#h7 ,development of public education1 awareness1 and targeted law enforcement activities to reduce violations of traffic laws at highway-rail grade crossings and to help prevent and reduce injuries and fatalities along railroad rights-of-way4 7#i7 ,the preparation of regional rail and corridor service development plans and corresponding environmental analyses4 7#aj7 ,any project that the ,secretary considers necessary to enhance multimodal connections or facilitate service integration between rail service and other modes1 including between intercity rail passenger transportation and intercity bus service4 7#aa7 ,the development of rail-related capital1 operations1 and safety standards4 7#ab7 ,the implementation and operation of a safety program or institute designed to improve rail safety culture and rail safety performance4 7#ac7 ,any research that the ,secretary considers necessary to advance any particular aspect of rail-related capital1 operations1 or safety improvements4 7#ad7 ,workforce development activities1 coordinated to the extent practicable with the existing local training programs supported by the ,department of ,transportation1 ,department of ,labor1 and ,department of ,education4 7d7 ,application process ,the ,secretary shall prescribe the form and manner of filing an application under this section4 7e7 ,project selection criteria 7#a7 ,in general ,in selecting a recipient of a grant for an eligible project1 the ,secretary shall-- 7,a7 give preference to a proposed project for which the proposed ,federal share of total project costs does not exceed #ej percent2 and 7,b7 after factoring in preference to projects under subparagraph 7,a71 select projects that will maximize the net benefits of the funds appropriated for use under this section1 considering the cost-benefit analysis of the proposed project1 including anticipated private and public benefits relative to the costs of the proposed project and factoring in the other considerations described in paragraph 7#b74 7#b7 ,other considerations ,the ,secretary shall also consider the following3 7,a7 ,the degree to which the proposed project's business plan considers potential private sector participation in the financing1 construction1 or operation of the project4 7,b7 ,the recipient's past performance in developing and delivering similar projects1 and previous financial contributions4 7,c7 ,whether the recipient has or will have the legal1 financial1 and technical capacity to carry out the proposed project1 satisfactory continuing control over the use of the equipment or facilities1 and the capability and willingness to maintain the equipment or facilities4 7,d7 ,if applicable1 the consistency of the proposed project with planning guidance and documents set forth by the ,secretary or required by law or ,state rail plans developed under chapter #bbg4 7,e7 ,if applicable1 any technical evaluation ratings that proposed project received under previous competitive grant programs administered by the ,secretary4 7,f7 ,such other factors as the ,secretary considers relevant to the successful delivery of the project4 7#c7 ,benefits ,the benefits described in paragraph 7#a77;,b7 may include the effects on system and service performance1 including measures such as improved safety1 competitiveness1 reliability1 trip or transit time1 resilience1 efficiencies from improved integration with other modes1 and ability to meet existing or anticipated demand4 7f7 ,performance measures ,the ,secretary shall establish performance measures for each grant recipient to assess progress in achieving strategic goals and objectives4 ,the ,secretary may require a grant recipient to periodically report information related to such performance measures4 7g7 ,rural areas 7#a7 ,in general ,of the amounts appropriated under this section1 at least #be percent shall be available for projects in rural areas4 ,the ,secretary shall consider a project to be in a rural area if all or the majority of the project 7determined by the geographic location or locations where the majority of the project funds will be spent7 is located in a rural area4 7#b7 ,definition of rural area ,in this subsection1 the term rural area means any area not in an urbanized area1 as defined by the ,census ,bureau4 7h7 ,federal share of total project costs 7#a7 ,total project costs ,the ,secretary shall estimate the total costs of a project under this subsection based on the best available information1 including engineering studies1 studies of economic feasibility1 environmental analyses1 and information on the expected use of equipment or facilities4 7#b7 ,federal share ,the ,federal share of total project costs under this subsection shall not exceed #hj percent4 7#c7 ,treatment of passenger rail revenue ,if ,amtrak or another rail passenger carrier is an applicant under this section1 ,amtrak or the other rail passenger carrier1 as applicable1 may use ticket and other revenues generated from its operations and other sources to satisfy the non-,federal share requirements4 7i7 ,applicability ,except as specifically provided in this section1 the use of any amounts appropriated for grants under this section shall be subject to the requirements of this chapter4 7j7 ,availability ,amounts appropriated for carrying out this section shall remain available until expended4 4 7b7 ,conforming amendment ,the table of contents of chapter #bdd1 as amended by section #ecjb of this ,act1 is amended by adding after the item relating to section #bddjg the following3 #bddjh4 ,consolidated rail infrastructure and safety improvements4 4 ,,iii ,hazardous materials by rail safety and other safety enhancements #edca4 ,real-time emergency response information 7a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,secretary1 in consultation with the ,secretary of ,homeland ,security1 shall promulgate regulations-- 7#a7 to require a ,class ,i railroad transporting hazardous materials-- 7,a7 to generate accurate1 real-time1 and electronic train consist information1 including-- 7i7 the identity1 quantity1 and location of hazardous materials on a train2 7ii7 the point of origin and destination of the train2 7iii7 any emergency response information or resources required by the ,secretary2 and 7iv7 an emergency response point of contact designated by the ,class ,i railroad2 and 7,b7 to enter into a memorandum of understanding with each applicable fusion center to provide that fusion center with secure and confidential access to the electronic train consist information described in subparagraph 7,a7 for each train transporting hazardous materials in that fusion center's jurisdiction2 7#b7 to require each applicable fusion center to provide the electronic train consist information described in paragraph 7#a77;,a7 to first responders1 emergency response officials1 and law enforcement personnel that are involved in the response to or investigation of an incident1 accident1 or public health or safety emergency involving the rail transportation of hazardous materials and that request such electronic train consist information2 7#c7 to prohibit any ,class ,i railroad1 employee1 or agent from withholding1 or causing to be withheld the electronic train consist information described in paragraph 7#a77;,a7 from first responders1 emergency response officials1 and law enforcement personnel described in paragraph 7#b7 in the event of an incident1 accident1 or public health or safety emergency involving the rail transportation of hazardous materials2 and 7#d7 to establish security and confidentiality protections to prevent the release of the electronic train consist information to unauthorized persons4 7b7 ,definitions ,in this section3 7#a7 ,applicable fusion center ,the term applicable fusion center means a fusion center with responsibility for a geographic area in which a ,class ,i railroad operates4 7#b7 ,class ,i railroad ,the term ,class ,i railroad has the meaning given the term in section #bjajb of title #di1 ,united ,states ,code4 7#c7 ,fusion center ,the term fusion center has the meaning given the term in section #abd;h7j7 of title #f1 ,united ,states ,code4 7#d7 ,hazardous materials ,the term hazardous materials means material designated as hazardous by the ,secretary of ,transportation under chapter #ea of the ,united ,states ,code4 7#e7 ,train consist ,the term train consist includes1 with regard to a specific train1 the number of rail cars and the commodity transported by each rail car4 7c7 ,savings clause 7#a7 ,nothing in this section may be construed to prohibit a ,class ,i railroad from voluntarily entering into a memorandum of understanding1 as described in subsection 7a77#a77;,b71 with a ,state emergency response commission or an entity representing or including first responders1 emergency response officials1 and law enforcement personnel4 7#b7 ,nothing in this section may be construed to amend any requirement for a railroad to provide a ,state ,emergency ,response ,commission1 for each ,state in which it operates trains transporting #a1jjj1jjj gallons or more of ,bakken crude oil1 notification regarding the expected movement of such trains through the counties in the ,state4 #edcb4 ,thermal blankets 7a7 ,requirements ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary shall promulgate such regulations as are necessary to require each tank car built to meet the ,,dot-#aag specification and each non-jacketed tank car modified to meet the ,,dot-#aag,r specification to be equipped with a thermal blanket4 7b7 ,definition of thermal blanket ,in this section1 the term thermal blanket means an insulating blanket that is applied between the outer surface of a tank car tank and the inner surface of a tank car jacket and that has thermal conductivity no greater than #b4fe ,btu per inch1 per hour1 per square foot1 and per degree ,fahrenheit at a temperature of #bjjj degrees ,fahrenheit1 plus or minus #ajj degrees ,fahrenheit4 7c7 ,savings ,clause 7#a7 ,pressure relief devices ,nothing in this section may be construed to affect or prohibit any requirement to equip with appropriately sized pressure relief devices a tank car built to meet the ,,dot-#aag specification or a non-jacketed tank car modified to meet the ,,dot-#aag,r specification4 7#b7 ,harmonization ,nothing in this section may be construed to require or allow the ,secretary to prescribe an implementation deadline or authorization end date for the requirement under subsection 7a7 that is earlier than the applicable implementation deadline or authorization end date for other tank car modifications necessary to meet the ,,dot-#aag,r specification4 #edcc4 ,comprehensive oil spill response plans 7a7 ,requirements ,not later than #abj days after the date of enactment of this ,act1 the ,secretary shall issue a notice of proposed rulemaking to require each railroad carrier transporting a ,class #c flammable liquid to maintain a comprehensive oil spill response plan4 7b7 ,contents ,the regulations under subsection 7a7 shall require each rail carrier described in that subsection-- 7#a7 to include in the comprehensive oil spill response plan procedures and resources for responding1 to the maximum extent practicable1 to a worst-case discharge2 7#b7 to ensure the comprehensive oil spill response plan is consistent with the ,national ,contingency ,plan and each applicable ,area ,contingency ,plan2 7#c7 to include in the comprehensive oil spill response plan appropriate notification and training procedures2 7#d7 to review and update its comprehensive oil spill response plan as appropriate2 and 7#e7 to provide the comprehensive oil spill response plan for acceptance by the ,secretary4 7c7 ,savings clause ,nothing in the section may be construed as prohibiting the ,secretary from promulgating different comprehensive oil response plan standards for ,class ,i1 ,class ,,ii1 and ,class ,,iii railroads4 7d7 ,definitions ,in this section3 7#a7 ,area ,contingency ,plan ,the term ,area ,contingency ,plan has the meaning given the term in section #caa7;a7 of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acba7;a774 7#b7 ,class #c flammable liquid ,the term ,class #c flammable liquid has the meaning given the term in section #agc4abj7;a7 of title #di1 ,code of ,federal ,regulations4 7#c7 ,class ,i railroad1 ,class ,,ii railroad1 and ,class ,,iii railroad ,the terms ,class ,i railroad1 ,class ,,ii railroad and ,class ,,iii railroad have the meanings given the terms in section #bjajb of title #di1 ,united ,states ,code4 7#d7 ,national ,contingency ,plan ,the term ,national ,contingency ,plan has the meaning given the term in section #ajja of the ,oil ,pollution ,act of #aiij 7#cc ,u4,s4,c4 #bgja74 7#e7 ,railroad carrier ,the term railroad carrier has the meaning given the term in section #bjajb of title #di1 ,united ,states ,code4 7#f7 ,worst-case discharge ,the term worst-case discharge means a railroad carrier's calculation of its largest foreseeable discharge in the event of an accident or incident4 #edcd4 ,hazardous materials by rail liability study 7a7 ,in general ,not later than #cj days after the date of enactment of this ,act1 the ,secretary shall initiate a study on the levels and structure of insurance for a railroad carrier transporting hazardous materials4 7b7 ,contents ,in conducting the study under subsection 7a71 the ,secretary shall evaluate-- 7#a7 the level and structure of insurance1 including self-insurance1 available in the private market against the full liability potential for damages arising from an accident or incident involving a train transporting hazardous materials2 7#b7 the level and structure of insurance that would be necessary and appropriate-- 7,a7 to efficiently allocate risk and financial responsibility for claims2 and 7,b7 to ensure that a railroad carrier transporting hazardous materials can continue to operate despite the risk of an accident or incident2 7#c7 the potential applicability to trains transporting hazardous materials of-- 7,a7 a liability regime modeled after section #agj of the ,atomic ,energy ,act of #aied1 as amended 7#db ,u4,s4,c4 #bbaj72 and 7,b7 a liability regime modeled after subtitle #b of title ,,xxi of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #cjj;aa-#aj et seq474 7c7 ,report ,not later than #a year after the date the study under subsection 7a7 is initiated1 the ,secretary shall submit a report containing the results of the study and recommendations for addressing liability issues with rail transportation of hazardous materials to-- 7#a7 the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate2 and 7#b7 the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives4 7d7 ,definitions ,in this section3 7#a7 ,hazardous material ,the term hazardous material means a substance or material the ,secretary designates under section #eajc7;a7 of title #di1 ,united ,states ,code4 7#b7 ,railroad carrier ,the term railroad carrier has the meaning given the term in section #bjajb of title #di1 ,united ,states ,code4 #edce4 ,study and testing of electronically controlled pneumatic brakes 7a7 ,government ,accountability ,office study 7#a7 ,in general ,the ,government ,accountability ,office shall complete an independent evaluation of ,,ecp brake systems pilot program data and the ,department of ,transportation's research and analysis on the effects of ,,ecp brake systems4 7#b7 ,study elements ,in completing the independent evaluation under paragraph 7#a71 the ,government ,accountability ,office shall examine the following issues related to ,,ecp brake systems3 7,a7 ,data and modeling results on safety benefits relative to conventional brakes and to other braking technologies or systems1 such as distributed power and #b-way end-of-train devices4 7,b7 ,data and modeling results on business benefits1 including the effects of dynamic braking4 7,c7 ,data on costs1 including up-front capital costs and on-going maintenance costs4 7,d7 ,analysis of potential operational challenges1 including the effects of potential locomotive and car segregation1 technical reliability issues1 and network disruptions4 7,e7 ,analysis of potential implementation challenges1 including installation time1 positive train control integration complexities1 component availability issues1 and tank car shop capabilities4 7,f7 ,analysis of international experiences with the use of advanced braking technologies4 7#c7 ,deadline ,not later than #b years after the date of enactment of this ,act1 the ,government ,accountability ,office shall transmit to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives a report on the results of the independent evaluation under paragraph 7#a74 7b7 ,emergency braking application testing 7#a7 ,in general ,the ,secretary of ,transportation shall enter into an agreement with the ,,ncrrp ,board-- 7,a7 to complete testing of ,,ecp brake systems during emergency braking application1 including more than #a scenario involving the uncoupling of a train with #gj or more ,,dot-#aag specification or ,,dot-#aag,r specification tank cars2 and 7,b7 to transmit1 not later than #b years after the date of enactment of this ,act1 to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives a report on the results of the testing4 7#b7 ,independent experts ,in completing the testing under paragraph 7#a71 the ,,ncrrp ,board may contract with #a or more engineering or rail experts1 as appropriate1 with relevant experience in conducting railroad safety technology tests or similar crash tests4 7#c7 ,testing framework ,in completing the testing under paragraph 7#a71 the ,,ncrrp ,board and each contractor described in paragraph 7#b7 shall ensure that the testing objectively1 accurately1 and reliably measures the performance of ,,ecp brake systems relative to other braking technologies or systems1 such as distributed power and #b-way end-of-train devices1 including differences in-- 7,a7 the number of cars derailed2 7,b7 the number of cars punctured2 7,c7 the measures of in-train forces2 and 7,d7 the stopping distance4 7#d7 ,funding ,the ,secretary shall require1 as part of the agreement under paragraph 7#a71 that the ,,ncrrp ,board fund the testing required under this section-- 7,a7 using such sums made available under section #bdiaj of title #di1 ,united ,states ,code2 and 7,b7 to the extent funding under subparagraph 7,a7 is insufficient or unavailable to fund the testing required under this section1 using such sums as are necessary from the amounts appropriated to the ,office of the ,secretary4 7#e7 ,equipment ,the ,,ncrrp ,board and each contractor described in paragraph 7#b7 may receive or use rolling stock1 track1 and other equipment or infrastructure from a private entity for the purposes of conducting the testing required under this section4 7c7 ,phased approach 7#a7 ,phase #a ,not later than #fj days after the date of enactment of this ,act1 the ,secretary shall require each new tank car built to meet the ,,dot-#aag specification and each tank car modified to meet the ,,dot-#aag,r specification to have an ,,ecp-ready configuration if the ,,dot-#aag or ,,dot-#aag,r specification tank car will be used in high-hazard flammable unit train service4 7#b7 ,phase #b ,after the reports are transmitted under subsections 7a77#c7 and 7b77#a77;,b71 the ,secretary may initiate a rulemaking1 if the ,secretary considers it necessary1 to require each railroad carrier operating a high-hazard flammable unit train to operate that train in ,,ecp brake mode by #bjba or #bjbc1 unless the train does not exceed a certain maximum authorized speed as determined by the ,secretary in the rulemaking4 7d7 ,conforming amendment ,not later than #fj days after the date of enactment of this ,act1 the ,secretary shall issue regulations to repeal the ,,ecp brakes and ,,ecp brake mode requirements in sections #agd4caj7;a77#c77;ii71 #agd4caj7;a77#c77;iii71 #agd4caj7;a77#e77v71 #agi4ajb-aj1 #agi4bjb-ab7;g71 and #agi4bjb-ac7;i7 of title #di1 ,code of ,federal ,regulations1 and1 except as provided in subsection 7c71 any other regulation in effect on the date of enactment of this ,act requiring the installation of ,,ecp brakes or operation in ,,ecp brake mode4 7e7 ,savings clause 7#a7 ,,ecp brake mode ,nothing in this section may be construed as prohibiting or requiring a railroad carrier from operating its trains in ,,ecp brake mode4 7#b7 ,harmonization ,nothing in this section may be construed to require or allow the ,secretary to prescribe an implementation deadline for the requirement under subsection 7c77#a7 that is earlier than the applicable implementation deadline for other tank car modifications necessary to meet the ,,dot-#aag,r specification for tank cars that will be used in high-hazard flammable unit train service4 7f7 ,definitions ,in this section3 7#a7 ,class #c flammable liquid ,the term ,class #c flammable liquid has the meaning given the term in section #agc4abj7;a7 of title #di1 ,code of ,federal ,regulations4 7#b7 ,,ecp ,the term ,,ecp means electronically controlled pneumatic when applied to a brake or brakes4 7#c7 ,,ecp brake mode ,the term ,,ecp brake mode includes any operation of a rail car or an entire train using an ,,ecp brake system4 7#d7 ,,ecp brake system 7,a7 ,in general ,the term ,,ecp brake system means a train power braking system actuated by compressed air and controlled by electronic signals from the locomotive or an ,,ecp-,,eot to the cars in the consist for service and emergency applications in which the brake pipe is used to provide a constant supply of compressed air to the reservoirs on each car but does not convey braking signals to the car4 7,b7 ,inclusions ,the term ,,ecp brake system includes dual mode and stand-alone ,,ecp brake systems4 7#e7 ,,ecp-ready configuration ,the term ,,ecp-ready configuration means mounting brackets and fixed conduit on the tank car to facilitate the future application of additional ,,ecp componentry and required cables4 7#f7 ,high-hazard flammable unit train ,the term high-hazard flammable unit train means a single train transporting #gj or more loaded tank cars containing ,class #c flammable liquid4 7#g7 ,,ncrrp ,board ,the term ,,ncrrp ,board means the independent governing board of the ,national ,cooperative ,rail ,research ,program4 7#h7 ,railroad carrier ,the term railroad carrier has the meaning given the term in section #bjajb of title #di1 ,united ,states ,code4 #edcf4 ,recording devices 7a7 ,in general ,subchapter ,,ii of chapter #bja is amended by adding after section #bjafg the following3 #bjafh4 ,installation of audio and image recording devices 7a7 ,in general ,not later than #b years after the date of enactment of the ,comprehensive ,transportation and ,consumer ,protection ,act of #bjae1 the ,secretary of ,transportation shall promulgate regulations to require each rail carrier that provides regularly scheduled intercity rail passenger or commuter rail passenger transportation to the public to install inward- and outward-facing image recording devices in all controlling locomotive cabs and cab car operating compartments in such passenger trains4 7b7 ,device standards ,each inward- and outward-facing image recording device shall-- 7#a7 have a minimum #ab-;hour continuous recording capability2 7#b7 have crash and fire protections for any in-cab image recordings that are stored only within a controlling locomotive cab or cab car operating compartment2 and 7#c7 have recordings accessible for review during an accident investigation4 7c7 ,review ,the ,secretary shall establish a process to review and approve or disapprove an inward- or outward-facing recording device for compliance with the standards described in subsection 7b74 7d7 ,uses ,a rail carrier that has installed an inward- or outward-facing image recording device approved under subsection 7c7 may use recordings from that inward- or outward-facing image recording device for the following purposes3 7#a7 ,verifying that train crew actions are in accordance with applicable safety laws and the rail carrier's operating rules and procedures4 7#b7 ,assisting in an investigation into the causation of a reportable accident or incident4 7#c7 ,carrying out efficiency testing and system-wide performance monitoring programs4 7#d7 ,documenting a criminal act or monitoring unauthorized occupancy of the controlling locomotive cab or car operating compartment4 7#e7 ,other purposes that the ,secretary considers appropriate4 7e7 ,voluntary implementation 7#a7 ,in general ,each rail carrier operating freight rail service may implement any inward- or outward-facing image recording devices approved under subsection 7c74 7#b7 ,authorized uses ,notwithstanding any other provision of law1 each rail carrier may use recordings from an inward- or outward-facing image recording device approved under subsection 7c7 for any of the purposes described in subsection 7d74 7f7 ,discretion 7#a7 ,in general ,the ,secretary may-- 7,a7 require in-cab audio recording devices for the purposes described in subsection 7d72 and 7,b7 define in appropriate technical detail the essential features of the devices required under subparagraph 7,a74 7#b7 ,exemptions ,the ,secretary may exempt any rail passenger carrier or any part of a rail passenger carrier's operations from the requirements under subsection 7a7 if the ,secretary determines that the rail passenger carrier has implemented an alternative technology or practice that provides an equivalent or greater safety benefit or is better suited to the risks of the operation4 7g7 ,tampering ,a rail carrier may take appropriate enforcement or administrative action against any employee that tampers with or disables an audio or inward- or outward-facing image recording device installed by the rail carrier4 7h7 ,preservation of data ,each rail passenger carrier subject to the requirements of subsection 7a7 shall preserve recording device data for #a year after the date of a reportable accident or incident4 7i7 ,information protections 7#a7 ,section #eeb7;b77#c7 of title #e exemption ,an in-cab audio or image recording1 and any part thereof1 that the ,secretary obtains as part of an accident or incident investigated by the ,department of ,transportation shall be exempt from disclosure under section #eeb7;b77#c7 of title #e4 7#b7 ,restrictions on disclosure ,the ,secretary may allow an audio or image recordings derived from an audio or inward- or outward-facing image recording device to receive any of the information and legal protections available to any report1 survey1 schedule1 list1 or data compiled or collected as part of the ,department of ,transportation railroad safety risk reduction program if-- 7,a7 the recording is derived from-- 7i7 an audio or inward- or outward-facing image recording device that was implemented pursuant to its railroad safety risk reduction program under section #bjaef2 and 7ii7 an inward- or outward-facing image recording device that was approved under subsection 7c72 or 7,b7 an audio recording device that is compliant with the requirements under subsection 7f77#a74 7j7 ,prohibited use ,an in-cab audio or image recording obtained by a rail carrier under this section may not be used to retaliate against an employee4 7k7 ,savings clause ,nothing in this section may be construed as requiring a rail carrier to cease or restrict operations upon a technical failure of an inward- or outward-facing image recording device4 ,such rail carrier shall repair or replace the failed inward- or outward-facing image recording device as soon as practicable4 4 7b7 ,conforming amendment ,the table of contents for subchapter ,,ii of chapter #bja is amended by adding at the end the following3 #bjafh4 ,installation of audio and image recording devices4 4 #edcg4 ,rail passenger transportation liability 7a7 ,limitations ,section #bhajc7;a7 is amended-- 7#a7 in paragraph 7#b71 by striking #bjj1jjj1jjj and inserting #bie1jjj1jjj1 except as provided in paragraph 7#c742 and 7#b7 by adding at the end the following3 7#c7 ,the liability cap under paragraph 7#b7 shall be adjusted every #aj years by the ,secretary of ,transportation to reflect changes in the ,consumer ,price ,index--,all ,urban ,consumers4 7#d7 ,the ,federal ,government shall have no financial responsibility for any claims described in paragraph 7#b74 4 7b7 ,definition of rail passenger transportation ,section #bhajc7;e7 is amended-- 7#a7 in the heading1 by striking ,definition4-- and inserting ,definitions4--2 7#b7 in paragraph 7#b71 by striking 2 and and inserting a semicolon2 7#c7 in paragraph 7#c71 by striking the period at the end and inserting 2 and2 and 7#d7 by adding at the end the following3 7#d7 the term rail passenger transportation includes commuter rail passenger transportation 7as defined in section #bdajb74 4 7c7 ,prohibition ,no ,federal funds may be appropriated for the purpose of paying for the portion of an insurance premium attributable to the increase in allowable awards under the amendments made by subsection 7a74 7d7 ,effective date ,the amendments made by subsection 7a7 shall be effective for any passenger rail accident or incident occurring on or after ,may #ab1 #bjae4 #edch4 ,modification reporting 7a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall implement a reporting requirement to monitor industry-wide progress toward modifying tank cars used in high-hazard flammable train service by the applicable deadlines or authorization end dates set in regulation4 7b7 ,tank car data ,the ,secretary shall collect data from shippers and tank car owners on-- 7#a7 the total number of tank cars modified to meet the ,,dot-#aag,r specification1 or equivalent1 specifying-- 7,a7 the type or specification of each tank car before it was modified1 including non-jacketed ,,dot-#aaa1 jacketed ,,dot-#aaa1 non-jacketed ,,dot-#aaa meeting the ,,cpc-#abcb standard1 or jacketed ,,dot-#aaa meeting the ,,cpc-#abcb standard2 and 7,b7 the identification number of each ,class #c flammable liquid carried by each tank car in the past year2 7#b7 the total number of tank cars built to meet the ,,dot-#aag specification1 or equivalent2 and 7#c7 the total number of tank cars used or likely to be used in high-hazard flammable train service that have not been modified1 specifying-- 7,a7 the type or specification of each tank car not modified1 including the non-jacketed ,,dot-#aaa1 jacketed ,,dot-#aaa1 non-jacketed ,,dot-#aaa meeting the ,,cpc-#abcb standard1 or jacketed ,,dot-#aaa meeting the ,,cpc-#abcb standard2 and 7,b7 the identification number of each ,class #c flammable liquid carried by each tank car in the past year4 7c7 ,tank car shop data ,the ,secretary shall conduct a survey of tank car facilities modifying tank cars to the ,,dot-#aag,r specification1 or equivalent1 or building new tank cars to the ,,dot-#aag specification1 or equivalent1 to generate statistically valid estimates of the expected number of tank cars those facilities expect to modify to ,,dot-#aag,r specification1 or equivalent1 or build to the ,,dot-#aag specification1 or equivalent4 7d7 ,frequency ,the ,secretary shall collect the data under subsection 7b7 and conduct the survey under subsection 7c7 annually until ,may #a1 #bjbe4 7e7 ,information protections 7#a7 ,in general ,the ,secretary shall only report data in industry-wide totals and shall treat company-specific information as confidential business information4 7#b7 ,level of confidentiality ,the ,secretary shall ensure the data collected under subsection 7b7 and the survey data under subsection 7c7 have the same level of confidentiality as contained in the ,confidential ,information ,protection and ,statistical ,efficiency ,act of #bjjb 7#dd ,u4,s4,c4 #ceja note71 as administered by the ,bureau of ,transportation ,statistics4 7#c7 ,section #eeb7;b77#c7 of title #e ,any information that the ,secretary obtains under subsection 7b7 or subsection 7c7 by the ,department of ,transportation shall be exempt from disclosure under section #eeb7;b77#c7 of title #e4 7#d7 ,designee ,the ,secretary may designate the ,director of the ,bureau of ,transportation ,statistics to collect data under subsection 7b7 and the survey data under subsection 7c7 and direct the ,director to ensure the confidentially of company-specific information to the maximum extent permitted by law4 7f7 ,report ,each year1 not later than #fj days after the date that both the collection of the data under subsection 7b7 and the survey under subsection 7c7 are complete1 the ,secretary shall report on the aggregate results1 without company-specific information1 to-- 7#a7 the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate2 and 7#b7 the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives4 7g7 ,definitions ,in this section3 7#a7 ,class #c flammable liquid ,the term ,class #c flammable liquid has the meaning given the term in section #agc4abj7;a7 of title #di1 ,code of ,federal ,regulations4 7#b7 ,high-hazard flammable train ,the term high-hazard flammable train means a single train transporting #bj or more tank cars loaded with a ,class #c flammable liquid in a continuous block or a single train transporting #ce or more tank cars loaded with a ,class #c flammable liquid throughout the train consist4 ,,iv ,positive train control #edda4 ,coordination of spectrum 7a7 ,assessment ,the ,secretary1 in coordination with the ,chairman of the ,federal ,communications ,commission1 shall assess spectrum needs and availability for implementing positive train control systems 7as defined in section #bjaeg7;i77#c7 of title #di1 ,united ,states ,code74 ,the ,secretary and the ,chairman may consult with external stakeholders in carrying out this section4 7b7 ,report ,not later than #abj days after the date of enactment of this ,act1 the ,secretary shall submit a report to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives that contains the results of the assessment conducted under subsection 7a74 #eddb4 ,updated plans 7a7 ,implementation ,section #bjaeg7;a7 is amended to read as follows3 7a7 ,implementation 7#a7 ,plan required ,each ,class ,i railroad carrier and each entity providing regularly scheduled intercity or commuter rail passenger transportation shall develop and submit1 to the ,secretary of ,transportation1 a plan for implementing a positive train control system by ,december #ca1 #bjae1 governing operations on-- 7,a7 its main line over which intercity rail passenger transportation or commuter rail passenger transportation 7as defined in section #bdajb7 is regularly provided2 7,b7 its main line over which poison- or toxic-by-inhalation hazardous materials 7as defined in sections #aga4h1 #agc4aae1 and #agc4acb of title #di1 ,code of ,federal ,regulations7 are transported2 and 7,c7 such other tracks as the ,secretary may prescribe by regulation or order4 7#b7 ,interoperability and prioritization ,the plan shall describe how the railroad carrier or other entity subject to paragraph 7#a7 will provide for interoperability of the positive train control systems with movements of trains of other railroad carriers over its lines and shall1 to the extent practical1 implement the positive train control systems in a manner that addresses areas of greater risk before areas of lesser risk4 7#c7 ,secretarial review of updated plans 7,a7 ,submission of updated plans ,notwithstanding the deadline set forth in paragraph 7#a71 not later than #ij days after the date of enactment of the ,comprehensive ,transportation and ,consumer ,protection ,act of #bjae1 each ,class ,i railroad carrier or other entity subject to paragraph 7#a7 may submit to the ,secretary an updated plan that amends the plan submitted under paragraph 7#a7 with an updated implementation schedule 7as described in paragraph 7#d77;,b77 and milestones or metrics 7as described in paragraph 7#d77;,a77 that demonstrate that the railroad carrier or other entity intends make sustained and substantial progress toward positive train control system implementation4 7,b7 ,review of updated plans ,not later than #abj days after receiving an updated plan under subparagraph 7,a71 the ,secretary shall approve the updated plan if the railroad carrier or other entity submitting the plan-- 7i7 7,i7 has encountered technical or programmatic challenges identified by the ,secretary in the #bjab report transmitted to ,congress pursuant to subsection 7d72 and 7,,ii7 the challenges referred to in subclause 7,i7 have negatively affected the successful implementation of positive train control systems2 7ii7 is demonstrating due diligence in its effort to implement a positive train control system2 7iii7 has included in its plan milestones or metrics that demonstrate the railroad carrier or other entity intends to make sustained and substantial progress toward positive train control system implementation2 and 7iv7 has set an implementation schedule in its plan that complies with paragraph 7#g74 7,c7 ,modification of updated plans 7i7 ,if the ,secretary has not approved an updated plan under subparagraph 7,b7 within #fj days of receiving the updated plan under subparagraph 7,a71 the ,secretary shall immediately-- 7,i7 provide a written response to the railroad carrier or other entity that identifies the reason for not approving the updated plan and explains any incomplete or deficient items2 7,,ii7 allow the railroad carrier or other entity to submit1 within #cj days of receiving the written response under subclause 7,i71 a modified updated plan for the ,secretary's review2 and 7,,iii7 approve or disapprove a modified updated plan submitted under subclause 7,,ii7 not later than #cj days after receipt4 7ii7 ,if the ,secretary does not approve an updated plan not later than #fj days after receiving the updated plan under subparagraph 7,a7 and does not provide a written response to the railroad carrier or other entity at the end of the #fj-;day period described in clause 7i71 the updated plan is deemed to have been approved by the ,secretary4 7,d7 ,public availability ,not later than #cj days after approving an updated plan under this paragraph1 the ,secretary shall make the updated plan available on the website of the ,federal ,railroad ,administration4 7,e7 ,pending reviews ,for an applicant that submits an updated plan under subparagraph 7,a71 the ,secretary shall extend the deadline for implementing a positive train control system at least until the date the ,secretary approves or issues final disapproval for the updated plan with an updated implementation schedule 7as described in paragraph 7#d77;,b774 7#d7 ,contents of updated plan 7,a7 ,milestones or metrics ,each updated plan submitted under paragraph 7#c7 shall show that the ,class ,i railroad carrier or other entity subject to paragraph 7#a7 is making sustained and substantial progress toward positive train control system implementation by describing the following milestones or metrics3 7i7 ,the total number of components that will be installed1 equipped1 or deployed with positive train control by the end of each calendar year until positive train control is fully implemented1 with totals separated by each component category4 7ii7 ,the number of employees that will receive the training1 as required under the applicable positive train control system regulations1 by the end of each calendar year until positive train control is fully implemented4 7iii7 ,the calendar year or years in which spectrum will be acquired and will be available for use in all areas that it is needed for positive train control implementation1 if such spectrum is not already acquired and ready for use4 7,b7 ,implementation schedule ,each updated plan submitted under paragraph 7#c7 shall include an implementation schedule that identifies the dates by which the railroad carrier or other entity will-- 7i7 fully implement a positive train control system2 7ii7 complete all component installation1 consistent with the milestones or metrics described in subparagraph 7,a77i72 7iii7 complete all employee training required under the applicable positive train control system regulations1 consistent with the milestones or metrics described in subparagraph 7,a77ii72 7iv7 acquire all necessary spectrum1 consistent with the milestones or metrics in subparagraph 7,a77iii72 and 7v7 complete system testing4 7,c7 ,additional information ,each updated plan submitted under paragraph 7#c7 shall include-- 7i7 the total number of positive train control components required for implementation1 with totals separated by each major component category2 7ii7 the total number of employees requiring training under the applicable positive train control system regulations2 and 7iii7 a summary of the remaining challenges to positive train control system implementation1 including-- 7,i7 testing issues2 7,,ii7 interoperability challenges2 7,,iii7 permitting issues2 and 7,,iv7 certification challenges4 7,d7 ,defined term ,in this paragraph1 the term component means a locomotive apparatus1 a wayside interface unit 7including any associated legacy signal system replacements71 switches in non-signaled positive train control territory1 a base station radio1 a wayside radio1 or a locomotive radio4 7#e7 ,plan implementation ,the ,class ,i railroad carrier or other entity subject to paragraph 7#a7 shall implement a positive train control system in accordance with its plan1 including any amendments made to the plan by its updated plan approved by the ,secretary under paragraph 7#c74 7#f7 ,progress report ,each ,class ,i railroad carrier or other entity with an approved updated plan shall submit an annual report to the ,secretary that describes the progress made on positive train control implementation1 including-- 7,a7 the extent to which the railroad carrier or other entity met or exceeded the metrics or milestones described in paragraph 7#d77;,a72 7,b7 the extent to which the railroad carrier or other entity complied with its implementation schedule under paragraph 7#d77;,b72 and 7,c7 any update to the information provided under paragraph 7#d77;,c74 7#g7 ,constraint ,the ,secretary may not approve an updated plan that includes a date for the completion of component installation or a date for the completion of spectrum acquisition that is later than ,december #ca1 #bjah4 4 7b7 ,enforcement ,section #bjaeg7;e7 is amended to read as follows3 7e7 ,enforcement ,the ,secretary is authorized to assess civil penalties pursuant to chapter #bac for the failure to submit or comply with a plan for implementing positive train control under subsection 7a71 including any amendments to the plan made by an updated plan 7including milestones or metrics and an updated implementation schedule7 approved by the ,secretary under paragraph 7#c7 of such subsection4 4 7c7 ,conforming amendment ,section #bjaeg7;g7 is amended-- 7#a7 by striking ,the ,secretary and inserting the following3 7#a7 ,in general ,the ,secretary 2 and 7#b7 by adding at the end the following3 7#b7 ,conforming regulatory amendments ,immediately after the date of the enactment of the ,comprehensive ,transportation and ,consumer ,protection ,act of #bjae1 the ,secretary-- 7,a7 shall remove or revise any references to specified dates in the regulations or orders implementing this section to the extent necessary to conform with the amendments made by such ,act2 and 7,b7 may not enforce any such date-specific deadlines or requirements that are inconsistent with the amendments made by such ,act4 4 7d7 ,savings provisions 7#a7 ,resubmission of information ,nothing in the amendments made by this section may be construed to require a ,class ,i railroad carrier or other entity subject to paragraph 7#a7 of section #bjaeg7;a7 of title #di1 ,united ,states ,code1 to resubmit in its updated plan information from its initial implementation plan that is not changed or affected by the updated plan4 ,the ,secretary shall consider an updated plan submitted pursuant to paragraph 7#c7 of such section to be an addendum to the initial implementation plan4 7#b7 ,submission of new plan ,nothing in the amendments made by this section may be construed to require a ,class ,i railroad carrier or other entity subject to section #bjaeg7;a77#a7 of title #di1 ,united ,states ,code1 to submit a new implementation plan pursuant to the deadline set forth in such section4 #eddc4 ,early adoption and interoperability 7a7 ,early adoption ,during the #a-year period beginning on the date on which the last railroad carrier's or other entity's positive train control system1 subject to section #bjaeg7;a7 of title #di1 ,united ,states ,code1 is certified by the ,secretary under subsection 7h7 of such section and implemented on all of that railroad carrier's or other entity's lines required to have operations governed by a positive train control system1 any railroad carrier or other entity that has been certified by the ,secretary under such subsection shall not be subject to the operational restrictions set forth in subpart ,i of part #bcf of title #di1 ,code of ,federal ,regulations1 that would otherwise apply in the event of a positive train control system component failure4 7b7 ,interoperability procedure ,if multiple railroad carriers operate on a single railroad line through a trackage or haulage agreement1 each railroad carrier operating on the railroad line shall not be subject to the operating restrictions set forth in subpart ,i of part #bcf of title #di1 ,code of ,federal ,regulations1 with respect to the railroad line1 until the ,secretary certifies that-- 7#a7 each ,class ,i railroad carrier and each entity providing regularly scheduled intercity or commuter rail passenger transportation that operates on the railroad line is in compliance with its positive train control requirements under section #bjaeg7;a7 of title #di1 ,united ,states ,code2 7#b7 each ,class ,,ii or ,class ,,iii railroad that operates on the railroad line is in compliance with the applicable regulatory requirements to equip locomotives operating in positive train control territory2 and 7#c7 the implementation of any and all positive train control systems are interoperable and operational on the railroad line in conformance with each approved implementation plan so that each freight and passenger railroad can operate on the line with that freight or passenger railroad's positive train control equipment4 7c7 ,small railroads ,not later than #abj days after the date of the enactment of this ,act1 the ,secretary shall amend section #bcf4ajjf7;b77#d77;iii77,b7 of title #di1 ,code of ,federal ,regulations 7relating to equipping locomotives for applicable ,class ,,ii and ,class ,,iii railroads operating in positive train control territory71 to extend each deadline by #c years4 #eddd4 ,positive train control at grade crossings effectiveness study 7a7 ,study ,after the ,secretary certifies that each ,class ,i railroad carrier and each entity providing regularly scheduled intercity or commuter rail passenger transportation is in compliance with the positive train control requirements under section #bjaeg7;a7 of title #di1 ,united ,states ,code1 the ,secretary shall enter into an agreement with the ,national ,cooperative ,rail ,research ,program ,board-- 7#a7 to conduct a study of the possible effectiveness of positive train control and related technologies on reducing collisions at highway-rail grade crossings2 and 7#b7 to submit a report containing the results of the study conducted under paragraph 7#a7 to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives4 7b7 ,funding ,the ,secretary may require1 as part of the agreement under subsection 7a71 that the ,national ,cooperative ,rail ,research ,program ,board fund the study required under this section using such sums as may be necessary out of the amounts made available under section #bdiaj of title #di1 ,united ,states ,code4 ,e ,project delivery #eeja4 ,short title ,this subtitle may be cited as the ,track1 ,railroad1 and ,infrastructure ,network ,act4 #eejb4 ,preservation of public lands 7a7 ,highways ,section #ach of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7b77#b77;,a77i71 by inserting 1 taking into consideration any avoidance1 minimization1 and mitigation or enhancement measures incorporated into the program or project after historic site2 and 7#b7 by adding at the end the following3 7c7 ,rail and transit ,improvements to1 or the maintenance1 rehabilitation1 or operation of1 railroad or rail transit lines or elements of such lines1 with the exception of stations1 that are in use or were historically used for the transportation of goods or passengers1 shall not be considered a use of a historic site under subsection 7a71 regardless of whether the railroad or rail transit line or element of such line is listed on1 or eligible for listing on1 the ,national ,register of ,historic ,places4 4 7b7 ,transportation projects ,section #cjc is amended-- 7#a7 in subsection 7c71 by striking subsection 7d7 and inserting subsections 7d7 and 7e72 7#b7 in subsection 7d77#b77;,a77i71 by inserting 1 taking into consideration any avoidance1 minimization1 and mitigation or enhancement measures incorporated into the program or project after historic site2 and 7#c7 by adding at the end the following3 7e7 ,rail and transit ,improvements to1 or the maintenance1 rehabilitation1 or operation of1 railroad or rail transit lines or elements of such lines1 with the exception of stations1 that are in use or were historically used for the transportation of goods or passengers1 shall not be considered a use of a historic site under subsection 7c71 regardless of whether the railroad or rail transit line or element of such line is listed on1 or eligible for listing on1 the ,national ,register of ,historic ,places4 4 #eejc4 ,efficient environmental reviews 7a7 ,in general ,section #cjd is amended-- 7#a7 in the heading1 by striking for multimodal projects and inserting and increasing the efficiency of environmental reviews2 and 7#b7 by adding at the end the following3 7e7 ,efficient environmental reviews 7#a7 ,in general ,the ,secretary of ,transportation shall apply the project development procedures1 to the greatest extent feasible1 described in section #aci of title #bc1 ,united ,states ,code1 to any rail project that requires the approval of the ,secretary of ,transportation under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 7#b7 ,regulations and procedures ,the ,secretary of ,transportation shall incorporate such project development procedures into the agency regulations and procedures pertaining to rail projects4 7f7 ,applicability of ,,nepa decisions 7#a7 ,in general ,a ,department of ,transportation operating administration may apply a categorical exclusion designated by another ,department of ,transportation operating administration under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 7#b7 ,findings ,a ,department of ,transportation operating administration may adopt1 in whole or in part1 another ,department of ,transportation operating administration's ,record of ,decision1 ,finding of ,no ,significant ,impact1 and any associated evaluations1 determinations1 or findings demonstrating compliance with any law related to environmental review or historic preservation4 4 #eejd4 ,advance acquisition 7a7 ,in general ,chapter #bda is amended by inserting after section #bdaje the following3 #bdajf4 ,advance acquisition 7a7 ,rail corridor preservation ,the ,secretary may assist a recipient of funding in acquiring right-of-way and adjacent real property interests before or during the completion of the environmental reviews for any project receiving funding under subtitle ,v of title #di1 ,united ,states ,code1 that may use such property interests if the acquisition is otherwise permitted under ,federal law1 and the recipient requesting ,federal funding for the acquisition certifies1 with the concurrence of the ,secretary1 that-- 7#a7 the recipient has authority to acquire the right-of-way or adjacent real property interest2 and 7#b7 the acquisition of the right-of-way or adjacent real property interest-- 7,a7 is for a transportation or transportation-related purpose2 7,b7 will not cause significant adverse environmental impact2 7,c7 will not limit the choice of reasonable alternatives for the proposed project or otherwise influence the decision of the ,secretary on any approval required for the proposed project2 7,d7 does not prevent the lead agency for the review process from making an impartial decision as to whether to accept an alternative that is being considered2 7,e7 complies with other applicable ,federal law1 including regulations2 7,f7 will be acquired through negotiation and without the threat of condemnation2 and 7,g7 will not result in the elimination or reduction of benefits or assistance to a displaced person under the ,uniform ,relocation ,assistance and ,real ,property ,acquisition ,policies ,act of #aigj 7#db ,u4,s4,c4 #dfja et seq47 and title ,,vi of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;d et seq474 7b7 ,environmental reviews 7#a7 ,completion of ,,nepa review ,before authorizing any ,federal funding for the acquisition of a real property interest that is the subject of a grant or other funding under this subtitle1 the ,secretary shall complete1 if required1 the review process under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 with respect to the acquisition4 7#b7 ,completion of section #ajf ,an acquisition of a real property interest involving a historic site shall not occur unless the section #ajf process1 if required1 under the ,national ,historic ,preservation ,act 7#ed ,u4,s4,c4 #cjfajh7 is complete4 7#c7 ,timing of acquisitions ,a real property interest acquired under subsection 7a7 may not be developed in anticipation of the proposed project until all required environmental reviews for the project have been completed4 4 7b7 ,conforming amendment ,the table of contents of chapter #bda is amended by inserting after the item relating to section #bdaje the following3 #bdajf4 ,advance acquisition4 4 #eeje4 ,railroad rights-of-way ,section #cjfajh of title #ed1 ,united ,states ,code1 is amended-- 7#a7 by inserting 7b7 ,opportunity ,to ,comment4-- before ,the head of the ,federal agency shall afford and indenting accordingly2 7#b7 in the matter before subsection 7b71 by inserting 7a7 ,in general4-- before ,the head of any ,federal agency having direct and indenting accordingly2 and 7#c7 by adding at the end the following3 7c7 ,exemption for ,railroad ,rights-of-,way 7#a7 ,in general ,not later than #a year after the date of enactment of the ,track1 ,railroad1 and ,infrastructure ,network ,act1 the ,secretary of ,transportation shall submit a proposed exemption of railroad rights-of-way from the review under this chapter to the ,council for its consideration1 consistent with the exemption for interstate highways approved on ,march #aj1 #bjje 7#gj ,fed4 ,reg4 #aa1ibh74 7#b7 ,final exemption ,not later than #ahj days after the date that the ,secretary submits the proposed exemption under paragraph 7#a7 to the ,council1 the ,council shall issue a final exemption of railroad rights-of-way from review under this chapter1 consistent with the exemption for interstate highways approved on ,march #aj1 #bjje 7#gj ,fed4 ,reg4 #aa1ibh74 4 #eejf4 ,improving ,state and ,federal agency engagement in environmental reviews 7a7 ,in general ,chapter #c is amended by inserting after section #cjf the following3 #cjg4 ,improving ,state and ,federal agency engagement in environmental reviews 7a7 ,in general ,an entity receiving financial assistance from the ,secretary of ,transportation for #a or more projects or for a program of projects1 may request that the ,secretary allow the entity to provide funds to any ,federal agency1 including the ,department of ,transportation1 ,state agency1 or ,indian tribe 7as defined in section #ajb of the ,federally ,recognized ,indian ,tribe ,list ,act of #aiid 7#be ,u4,s4,c4 #dgi;a77 participating in the environmental planning and review process for the project1 projects1 or program4 ,the funds may be provided only to support activities that directly and meaningfully contribute to expediting and improving permitting and review processes1 including planning1 approval1 and consultation processes for the project1 projects1 or program4 7b7 ,activities eligible for funding ,activities for which funds may be provided under subsection 7a7 include transportation planning activities that precede the initiation of the environmental review process1 activities directly related to the environmental review process1 dedicated staffing1 training of agency personnel1 information gathering and mapping1 and development of programmatic agreements4 7c7 ,amounts ,requests under subsection 7a7 may be approved only for the additional amounts that the ,secretary determines are necessary for the ,federal agencies1 ,state agencies1 or ,indian tribes participating in the environmental planning and review process to timely conduct the reviews in an expedited manner4 7d7 ,agreements ,prior to providing funds approved by the ,secretary for dedicated staffing at an affected ,federal agency under subsections 7a7 and 7b71 the affected ,federal agency1 ,state agency or ,indian tribe1 as appropriate1 and the requesting entity shall enter into an agreement that establishes a process to identify the projects or priorities to be addressed by the use of the funds4 7e7 ,rule of construction ,nothing in this section shall be construed to be inconsistent with or to interfere with section #aci7;j7 of title #bc4 4 7b7 ,conforming amendment ,the table of contents of chapter #c is amended by inserting after the item relating to section #cjf the following3 #cjg4 ,improving ,state and ,federal agency engagement in environmental reviews4 4 #eejg4 ,savings clause ,nothing in this title1 or any amendment made by this title1 shall be construed as superceding1 amending1 or modifying the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 or affect the responsibility of any ,federal officer to comply with or enforce any such statute4 #eejh4 ,transition ,nothing in this title1 or any amendment made by this title1 shall affect any existing environmental review process1 program1 agreement1 or funding arrangement approved by the ,secretary under title #di1 ,united ,states ,code1 as that title was in effect on the day preceding the date of enactment of this subtitle4 ,f ,financing #efja4 ,short title2 references 7a7 ,short title ,this subtitle may be cited as the ,railroad ,infrastructure ,financing ,improvement ,act4 7b7 ,references to the ,railroad ,revitalization and ,regulatory ,reform ,act of #aigf ,except as otherwise expressly provided1 wherever in this subtitle an amendment or repeal is expressed in terms of an amendment to1 or repeal of1 a section or other provision1 the reference shall be considered to be made to a section or other provision of the ,railroad ,revitalization and ,regulatory ,reform ,act of #aigf1 as amended 7#de ,u4,s4,c4 #hja et seq474 #efjb4 ,definitions ,section #eja 7#de ,u4,s4,c4 #hba7 is amended-- 7#a7 by redesignating paragraph 7#h7 as paragraph 7#aj72 7#b7 by redesignating paragraphs 7#f7 and 7#g7 as paragraphs 7#g7 and 7#h71 respectively2 7#c7 by inserting after paragraph 7#e7 the following3 7#f7 ,the term investment-grade rating means a rating of ,,bbb minus1 ,baa #c1 bbb minus1 ,,bbb7low71 or higher assigned by a rating agency4 2 7#d7 by inserting after paragraph 7#h71 as redesignated1 the following3 7#i7 ,the term master credit agreement means an agreement to make #a or more direct loans or loan guarantees at future dates for a program of related projects on terms acceptable to the ,secretary4 2 and 7#e7 by adding at the end the following3 7#aa7 ,the term obligor means a party that-- 7,a7 is primarily liable for payment of the principal of or interest on a direct loan or loan guarantee under this section2 and 7,b7 may be a corporation1 limited liability company1 partnership1 joint venture1 trust1 or governmental entity1 agency1 or instrumentality4 7#ab7 ,the term project obligation means a note1 bond1 debenture1 or other debt obligation issued by a borrower in connection with the financing of a project1 other than a direct loan or loan guarantee under this title4 7#ac7 ,the term railroad has the meaning given the term railroad carrier in section #bjajb of title #di1 ,united ,states ,code4 7#ad7 ,the term rating agency means a credit rating agency registered with the ,securities and ,exchange ,commission as a nationally recognized statistical rating organization 7as defined in section #c7;a7 of the ,securities ,exchange ,act of #aicd 7#ae ,u4,s4,c4 #gh;c7a7774 7#ae7 ,the term substantial completion means-- 7,a7 the opening of a project to passenger or freight traffic2 or 7,b7 a comparable event1 as determined by the ,secretary and specified in the direct loan4 4 #efjc4 ,eligible applicants ,section #ejb7;a7 7#de ,u4,s4,c4 #hbb7;a77 is amended-- 7#a7 in paragraph 7#e71 by striking one railroad2 and and inserting #a of the entities described in paragraph 7#a71 7#b71 7#c71 7#d71 or 7#f722 7#b7 by amending paragraph 7#f7 to read as follows3 7#f7 solely for the purpose of constructing a rail connection between a plant or facility and a rail carrier1 limited option freight shippers that own or operate a plant or other facility2 and 2 and 7#c7 by adding at the end the following3 7#g7 any obligor1 as designated by an entity otherwise eligible to receive a direct loan or loan guarantee under this section1 including a special purpose entity receiving user fees or other payments or revenues from dedicated sources for debt service and maintenance of the equipment or facilities to be acquired or improved2 and 7#h7 a public-private or private partnership between at least #a other entity listed in any of paragraphs 7#a7 through 7#g7 and a consortium that specializes in real estate development4 4 #efjd4 ,eligible purposes ,section #ejb7;b77#a7 7#de ,u4,s4,c4 #hbb7;b77#a77 is amended-- 7#a7 in subparagraph 7,a71 by inserting 1 and costs related to these activities1 including pre-construction costs after shops2 7#b7 in subparagraph 7,b71 by striking subparagraph 7,a72 or and inserting subparagraph 7,a7 or 7,c722 7#c7 in subparagraph 7,c71 by striking the period at the end and inserting a semicolon2 and 7#d7 by adding at the end the following3 7,d7 reimburse planning and design expenses relating to projects described in subparagraph 7,a7 or 7,c72 or 7,e7 finance economic development1 including commercial and residential development1 and related infrastructure and activities1 that-- 7i7 incorporates private investment2 7ii7 is physically or functionally related to a passenger rail station or multimodal station that includes rail service2 7iii7 has a high probability of the applicant commencing the contracting process for construction not later than #ij days after the date on which the direct loan or loan guarantee is obligated for the project under this title2 and 7iv7 has a high probability of reducing the need for financial assistance under any other ,federal program for the relevant passenger rail station or service by increasing ridership1 tenant lease payments1 or other activities that generate revenue exceeding costs4 4 #efje4 ,program administration 7a7 ,application processing procedures ,section #ejb7;i7 7#de ,u4,s4,c4 #hbb7;i77 is amended to read as follows3 7i7 ,application processing procedures 7#a7 ,application status notices ,not later than #cj days after the date that the ,secretary receives an application under this section1 the ,secretary shall provide the applicant written notice as to whether the application is complete or incomplete4 7#b7 ,incomplete applications ,if the ,secretary determines that an application is incomplete1 the ,secretary shall-- 7,a7 provide the applicant with a description of all of the specific information or material that is needed to complete the application2 and 7,b7 allow the applicant to resubmit the information and material described under subparagraph 7,a7 to complete the application4 7#c7 ,application approvals and disapprovals 7,a7 ,in general ,not later than #fj days after the date the ,secretary notifies an applicant that an application is complete under paragraph 7#a71 the ,secretary shall provide the applicant written notice as to whether the ,secretary has approved or disapproved the application4 7,b7 ,actions by the ,office of ,management and ,budget ,in order to enable compliance with the time limit under subparagraph 7,a71 the ,office of ,management and ,budget shall take any action required with respect to the application within that #fj-;day period4 7#d7 ,expedited processing ,the ,secretary shall implement procedures and measures to economize the time and cost involved in obtaining an approval or a disapproval of credit assistance under this title4 7#e7 ,dashboard ,the ,secretary shall post on the ,department of ,transportation's public ,web site a monthly report that includes for each application-- 7,a7 the name of the applicant or applicants2 7,b7 the location of the project2 7,c7 a brief description of the project1 including its purpose2 7,d7 the requested direct loan or loan guarantee amount2 7,e7 the date on which the ,secretary provided application status notice under paragraph 7#a72 and 7,f7 the date that the ,secretary provided notice of approval or disapproval under paragraph 7#c74 4 7b7 ,administration of direct loans and loan guarantees ,section #ejc 7#de ,u4,s4,c4 #hbc7 is amended-- 7#a7 in subsection 7a71 by striking the period at the end and inserting 1 including a program guide and standard term sheet and specific timetables42 7#b7 by redesignating subsections 7c7 through 7l7 as subsections 7d7 through 7m71 respectively2 7#c7 by striking 7b7 ,assignment of loan guarantees4-- and inserting 7c7 ,assignment of loan guarantees4--2 7#d7 in subsection 7d71 as redesignated-- 7,a7 in paragraph 7#a71 by striking 2 and and inserting a semicolon2 7,b7 in paragraph 7#b71 by striking the period at the end and inserting 2 and2 and 7,c7 by adding at the end the following3 7#c7 the modification cost has been covered under section #ejb7;f74 2 and 7#e7 by amending subsection 7l71 as redesignated1 to read as follows3 7l7 ,charges and loan servicing 7#a7 ,purposes ,the ,secretary may collect and spend from each applicant1 obligor1 or loan party a reasonable charge for-- 7,a7 the cost of evaluating the application1 amendments1 modifications1 and waivers1 including for evaluating project viability1 applicant creditworthiness1 and the appraisal of the value of the equipment or facilities for which the direct loan or loan guarantee is sought1 and for making necessary determinations and findings2 7,b7 the cost of award management and project management oversight2 7,c7 the cost of services from expert firms1 including counsel1 and independent financial advisors to assist in the underwriting1 auditing1 servicing1 and exercise of rights with respect to direct loans and loan guarantees2 and 7,d7 the cost of all other expenses incurred as a result of a breach of any term or condition or any event of default on a direct loan or loan guarantee4 7#b7 ,standards ,the ,secretary may charge different amounts under this subsection based on the different costs incurred under paragraph 7#a74 7#c7 ,servicer 7,a7 ,in general ,the ,secretary may appoint a financial entity to assist the ,secretary in servicing a direct loan or loan guarantee under this section4 7,b7 ,duties ,a servicer appointed under subparagraph 7,a7 shall act as the agent of the ,secretary in serving a direct loan or loan guarantee under this section4 7,c7 ,fees ,a servicer appointed under subparagraph 7,a7 shall receive a servicing fee from the obligor or other loan party1 subject to approval by the ,secretary4 7#d7 ,use of other ,federal funds ,notwithstanding any other provision of law1 an applicant may use grants under chapter #bdd of title #di1 ,united ,states ,code1 to pay any charge under this subsection4 7#e7 ,safety and operations account ,amounts collected under this subsection shall-- 7,a7 be credited directly to the ,safety and ,operations account of the ,federal ,railroad ,administration2 and 7,b7 remain available until expended to pay for the costs described in this subsection4 4 #efjf4 ,loan terms and repayment 7a7 ,prerequisites for assistance ,section #ejb7;g77#a7 7#de ,u4,s4,c4 #hbb7;g77#a77 is amended by striking #ce years from the date of its execution and inserting the lesser of #ce years after the date of substantial completion of the project or the estimated useful life of the rail equipment or facilities to be acquired1 rehabilitated1 improved1 developed1 or established4 7b7 ,repayment schedules ,section #ejb7;j7 7#de ,u4,s4,c4 #hbb7;j77 is amended-- 7#a7 in paragraph 7#a71 by striking the sixth anniversary date of the original loan disbursement and inserting #e years after the date of substantial completion2 and 7#b7 by adding at the end the following3 7#c7 ,deferred payments 7,a7 ,in general ,if at any time after the date of substantial completion the project is unable to generate sufficient revenues to pay the scheduled loan repayments of principal and interest on the direct loan1 the ,secretary1 subject to subparagraph 7,b71 may allow1 for a maximum aggregate time of #a year over the duration of the direct loan1 the obligor to add unpaid principal and interest to the outstanding balance of the direct loan4 7,b7 ,interest ,a payment deferred under subparagraph 7,a7 shall-- 7i7 continue to accrue interest under paragraph 7#b7 until the loan is fully repaid2 and 7ii7 be scheduled to be amortized over the remaining term of the loan4 7#d7 ,prepayments 7,a7 ,use of excess revenues ,any excess revenues that remain after satisfying scheduled debt service requirements on the project obligations and direct loan and all deposit requirements under the terms of any trust agreement1 bond resolution1 or similar agreement securing project obligations may be applied annually to prepay the direct loan without penalty4 7,b7 ,use of proceeds of refinancing ,the direct loan may be prepaid at any time without penalty from the proceeds of refinancing from non-,federal funding sources4 4 7c7 ,sale of direct loans ,section #ejb 7#de ,u4,s4,c4 #hbb7 is amended by adding at the end the following3 7k7 ,sale of direct loans 7#a7 ,in general ,subject to paragraph 7#b7 and as soon as practicable after substantial completion of a project1 the ,secretary1 after notifying the obligor1 may sell to another entity or reoffer into the capital markets a direct loan for the project if the ,secretary determines that the sale or reoffering has a high probability of being made on favorable terms4 7#b7 ,consent of obligor ,in making a sale or reoffering under paragraph 7#a71 the ,secretary may not change the original terms and conditions of the secured loan without the prior written consent of the obligor4 4 7d7 ,nonsubordination ,section #ejb 7#de ,u4,s4,c4 #hbb71 as amended in subsection 7c71 is further amended by adding at the end the following3 7l7 ,nonsubordination 7#a7 ,in general ,except as provided in paragraph 7#b77;,b71 a direct loan shall not be subordinated to the claims of any holder of project obligations in the event of bankruptcy1 insolvency1 or liquidation of the obligor4 7#b7 ,preexisting indentures 7,a7 ,in general ,the ,secretary may waive the requirement under paragraph 7#a7 for a public agency borrower that is financing ongoing capital programs and has outstanding senior bonds under a preexisting indenture if-- 7i7 the direct loan is rated in the ,a category or higher2 7ii7 the direct loan is secured and payable from pledged revenues not affected by project performance1 such as a tax-based revenue pledge or a system-backed pledge of project revenues2 and 7iii7 the program share1 under this title1 of eligible project costs is #ej percent or less4 7,b7 ,limitation ,the ,secretary may impose limitations for the waiver of the nonsubordination requirement under this paragraph if the ,secretary determines that such limitations would be in the financial interest of the ,federal ,government4 4 #efjg4 ,credit risk premiums ,section #ejb7;f7 7#de ,u4,s4,c4 #hbb7;f77 is amended-- 7#a7 in paragraph 7#a71 by amending the first sentence to read as follows3 ,in lieu of or in combination with appropriations of budget authority to cover the costs of direct loans and loan guarantees as required under section #ejd7;b77#a7 of the ,federal ,credit ,reform ,act of #aiij 7#b ,u4,s4,c4 #ffa;c7b77#a771 including the cost of a modification thereof1 the ,secretary may accept on behalf of an applicant for assistance under this section a commitment from a non-,federal source1 including a ,state or local government or agency or public benefit corporation or public authority thereof1 to fund in whole or in part credit risk premiums and modification costs with respect to the loan that is the subject of the application or modification42 7#b7 in paragraph 7#b7-- 7,a7 in subparagraph 7,d71 by adding and after the semicolon2 7,b7 by striking subparagraph 7,e72 and 7,c7 by redesignating subparagraph 7,f7 as subparagraph 7,e72 7#c7 by striking paragraph 7#d72 7#d7 by redesignating paragraph 7#c7 as paragraph 7#d72 7#e7 by inserting after paragraph 7#b7 the following3 7#c7 ,creditworthiness ,an applicant may propose and the ,secretary may accept as a basis for determining the amount of the credit risk premium under paragraph 7#b7 any of the following in addition to the value of any tangible asset3 7,a7 ,the net present value of a future stream of ,state or local subsidy income or other dedicated revenues to secure the direct loan or loan guarantee4 7,b7 ,adequate coverage requirements to ensure repayment1 on a non-recourse basis1 from cash flows generated by the project or any other dedicated revenue source1 including-- 7i7 tolls2 7ii7 user fees2 or 7iii7 payments owing to the obligor under a public-private partnership4 7,c7 ,an investment-grade rating on the direct loan or loan guarantee1 as applicable1 except that if the total amount of the direct loan or loan guarantee is greater than #ge1jjj1jjj1 the applicant shall have an investment-grade rating from at least #b rating agencies on the direct loan or loan guarantee4 2 7#f7 in paragraph 7#d71 as redesignated1 by striking amounts and inserting amounts 7and in the case of a modification1 before the modification is executed71 to the extent appropriations are not available to the ,secretary to meet the costs of direct loans and loan guarantees1 including costs of modifications thereof2 and 7#g7 by adding at the end the following3 7#e7 ,use of other ,federal funds ,notwithstanding any other provision of law1 an applicant may use grants under chapter #bdd of title #di1 ,united ,states ,code1 to pay part or all of a credit risk premium or modification cost under this subsection4 4 #efjh4 ,master credit agreements ,section #ejb 7#de ,u4,s4,c4 #hbb71 as amended by subsections 7c7 and 7d7 of section #efjf of this ,act1 is further amended by adding at the end the following3 7m7 ,master credit agreements 7#a7 ,in general ,subject to section #ejb7;d7 and paragraph 7#b7 of this subsection1 the ,secretary may enter into a master credit agreement that provides for all of the conditions for the provision of a direct loan or loan guarantee1 as applicable1 under this title and other applicable requirements to be satisfied prior to the issuance of the direct loan or loan guarantee4 7#b7 ,conditions ,each master credit agreement shall-- 7,a7 establish the maximum amount and general terms and conditions of each applicable direct loan or loan guarantee2 7,b7 identify #a or more dedicated non-,federal revenue sources that will secure the repayment of each applicable direct loan or loan guarantee2 7,c7 provide for the obligation of funds for the direct loans or loan guarantees after all requirements have been met for the projects subject to the master credit agreement2 and 7,d7 provide #a or more dates1 as determined by the ,secretary1 before which the master credit agreement results in each of the direct loans or loan guarantees or in the release of the master credit agreement4 4 #efji4 ,priorities and conditions 7a7 ,priority projects ,section #ejb7;c7 7#de ,u4,s4,c4 #hbb7;c77 is amended-- 7#a7 in paragraph 7#a71 by inserting 1 including projects for the installation of a positive train control system 7as defined in section #bjaeg7;i7 of title #di1 ,united ,states ,code7 after public safety2 7#b7 by redesignating paragraphs 7#b7 and 7#c7 as paragraphs 7#c7 and 7#b71 respectively2 7#c7 in paragraph 7#e71 by inserting or chapter #bbg of title #di after section #ace of title #bc2 7#d7 by redesignating paragraphs 7#f7 through 7#h7 as paragraphs 7#g7 through 7#i71 respectively2 and 7#e7 by inserting after paragraph 7#e7 the following3 7#f7 improve railroad stations and passenger facilities and increase transit-oriented development2 4 7b7 ,conditions of assistance ,section #ejb7;h7 7#de ,u4,s4,c4 #hbb7;h77 is amended-- 7#a7 in paragraph 7#b71 by inserting 1 if applicable after project2 and 7#b7 by adding at the end the following3 7#d7 ,for a project described in subsection 7b77#a77;,e71 the ,secretary shall require the applicant1 obligor1 or other loan party1 in addition to the interest required under subsection 7e71 to provide the sponsor of the intercity passenger rail service or its designee1 a fee or payment in an amount determined appropriate by the ,secretary to provide an equitable share of project revenue to support the capital or operating costs of the routes serving the passenger rail station or multimodal station where the development is located4 4 #efaj4 ,savings provision 7a7 ,in general ,except as provided in subsection 7b71 this subtitle1 and the amendments made by this subtitle1 shall not affect any direct loan 7or direct loan obligation7 or an outstanding loan guarantee 7or loan guarantee commitment7 that was in effect prior to the date of enactment of this ,act4 ,any such transaction entered into before the date of enactment of this ,act shall be administered until completion under its terms as if this ,act were not enacted4 7b7 ,modification costs ,at the discretion of the ,secretary1 the authority to accept modification costs on behalf of an applicant under section #ejb7;f7 of the ,railroad ,revitalization and ,regulatory ,reform ,act of #aigf 7#de ,u4,s4,c4 #hbb7;f771 as amended by section #efjg of this ,act1 may apply with respect to any direct loan 7or direct loan obligation7 or an outstanding loan guarantee 7or loan guarantee commitment7 that was in effect prior to the date of enactment of this ,act4