******
The following are excerpts, highlighted in red, from the final legislation and/or conference report which contain
references to and studies for The National Academies of Sciences,
Engineering, and Medicine. (Pound signs [##] between passages denote
the deletion of unrelated text.)
HR22 Davis, R. (R-Ill.) 12/03/15
Enrolled (finally passed both
houses)
To authorize funds for Federal-aid highways, highway
safety programs, and transit programs, and for other purposes.
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TITLE I—FEDERAL-AID HIGHWAYS
######
Subtitle D—Miscellaneous
######
SEC. 1422. STUDY ON PERFORMANCE OF BRIDGES.
(a) In General.—Subject to subsection (c), the Administrator of the Federal Highway Administration
(referred to in this section as the “Administrator”) shall
commission the Transportation Research Board of the National
Academy of Sciences to conduct a study on the performance of
bridges that received funding under the innovative bridge
research and construction program (referred to in this section
as the “program”) under section 503(b) of title 23, United
States Code (as in effect on the day before the date of
enactment of SAFETEA-LU (Public Law 109-59; 119 Stat. 1144)) in
meeting the goals of that program, which included—
(1)
the development of new, cost-effective innovative material
highway bridge applications;
(2) the reduction of
maintenance costs and lifecycle costs of bridges, including the
costs of new construction, replacement, or rehabilitation of
deficient bridges;
(3) the development of
construction techniques to increase safety and reduce
construction time and traffic congestion;
(4) the
development of engineering design criteria for innovative
products and materials for use in highway bridges and
structures;
(5) the development of cost-effective and
innovative techniques to separate vehicle and pedestrian traffic
from railroad traffic;
(6) the development of highway
bridges and structures that will withstand natural disasters,
including alternative processes for the seismic retrofit of
bridges; and
(7) the development of new
nondestructive bridge evaluation technologies and techniques.
(b)
Contents.—The study commissioned under subsection (a) shall
include—
(1) an analysis of the performance of
bridges that received funding under the program in meeting the
goals described in paragraphs (1) through (7) of subsection
(a);
(2) an analysis of the utility, compared to
conventional materials and technologies, of each of the
innovative materials and technologies used in projects for
bridges under the program in meeting the needs of the United
States in 2015 and in the future for a sustainable and low
lifecycle cost transportation system;
(3)
recommendations to Congress on how the installed and lifecycle
costs of bridges could be reduced through the use of innovative
materials and technologies, including, as appropriate, any
changes in the design and construction of bridges needed to
maximize the cost reductions; and
(4) a summary of
any additional research that may be needed to further evaluate
innovative approaches to reducing the installed and lifecycle
costs of highway bridges.
(c) Public Comment.—Before commissioning the study under
subsection (a), the Administrator shall provide an opportunity
for public comment on the study proposal.
(d) Data From States.—Each State that received funds under the
program shall provide to the Transportation Research Board any
relevant data needed to carry out the study commissioned under
subsection (a).
(e) Deadline.—The Administrator shall submit to Congress the
study commissioned under subsection (a) not later than 3 years
after the date of enactment of this Act.
######
TITLE III—PUBLIC TRANSPORTATION
######
SEC. 3008. PUBLIC TRANSPORTATION INNOVATION.
(a) Consolidation of Programs.—Section 5312 of title 49, United
States Code, is amended—
(1) by striking the section
designation and heading and inserting the following:
“§ 5312. Public transportation innovation”;
(2) by
redesignating subsections (a) through (f) as subsections (b) through
(g), respectively;
(3) by inserting before subsection (b)
(as so redesignated) the following:
“(a) In General.—The Secretary shall provide assistance for projects
and activities to advance innovative public transportation research
and development in accordance with the requirements of this
section.”;
(4) in subsection (e) (as so redesignated)—
(A)
in paragraph (3)—
(i) in the matter preceding
subparagraph (A), by inserting “demonstration, deployment, or
evaluation” before “project that”;
(ii) in subparagraph
(A), by striking “and” at the end;
(iii) in subparagraph
(B), by striking the period at the end and inserting “; or”; and
(iv)
by adding at the end the following:
“(C) the deployment
of low or no emission vehicles, zero emission vehicles, or
associated advanced technology.”; and
(B) by striking
paragraph (5) and inserting the following:
“(5)
PROHIBITION.—The Secretary may not make grants under this subsection
for the demonstration, deployment, or evaluation of a vehicle that
is in revenue service unless the Secretary determines that the
project makes significant technological advancements in the
vehicle.
“(6) DEFINITIONS.—In this subsection—
“(A)
the term ‘direct carbon emissions’ means the quantity of direct
greenhouse gas emissions from a vehicle, as determined by the
Administrator of the Environmental Protection Agency;
“(B)
the term ‘low or no emission vehicle’ means—
“(i) a
passenger vehicle used to provide public transportation that the
Secretary determines sufficiently reduces energy consumption or
harmful emissions, including direct carbon emissions, when compared
to a comparable standard vehicle; or
“(ii) a zero
emission vehicle used to provide public transportation; and
“(C)
the term ‘zero emission vehicle’ means a low or no emission vehicle
that produces no carbon or particulate matter.”;
(5) by
adding at the end the following:
“(h) Low or No Emission Vehicle Component Assessment.—
“(1)
DEFINITIONS.—In this subsection—
“(A) the term ‘covered
institution of higher education’ means an institution of higher
education with which the Secretary enters into a contract or
cooperative agreement, or to which the Secretary makes a grant,
under paragraph (2)(B) to operate a facility selected under
paragraph (2)(A);
“(B) the terms ‘direct carbon
emissions’ and ‘low or no emission vehicle’ have the meanings given
those terms in subsection (e)(6);
“(C) the term
‘institution of higher education’ has the meaning given the term in
section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002);
and
“(D) the term ‘low or no emission vehicle component’
means an item that is separately installed in and removable from a
low or no emission vehicle.
“(2) ASSESSING LOW OR NO
EMISSION VEHICLE COMPONENTS.—
“(A) IN GENERAL.—The
Secretary shall competitively select at least one facility to
conduct testing, evaluation, and analysis of low or no emission
vehicle components intended for use in low or no emission
vehicles.
“(B) OPERATION AND MAINTENANCE.—
“(i)
IN GENERAL.—The Secretary shall enter into a contract or cooperative
agreement with, or make a grant to, at least one institution of
higher education to operate and maintain a facility selected under
subparagraph (A).
“(ii) REQUIREMENTS.—An institution of
higher education described in clause (i) shall have—
“(I)
capacity to carry out transportation-related advanced component and
vehicle evaluation;
“(II) laboratories capable of testing
and evaluation; and
“(III) direct access to or a
partnership with a testing facility capable of emulating real-world
circumstances in order to test low or no emission vehicle components
installed on the intended vehicle.
“(C) FEES.—A covered
institution of higher education shall establish and collect fees,
which shall be approved by the Secretary, for the assessment of low
or no emission vehicle components at the applicable facility
selected under subparagraph (A).
“(D) AVAILABILITY OF
AMOUNTS TO PAY FOR ASSESSMENT.—The Secretary shall enter into a
contract or cooperative agreement with, or make a grant to an
institution of higher education under which—
“(i) the
Secretary shall pay 50 percent of the cost of assessing a low or no
emission vehicle component at the applicable facility selected under
subparagraph (A) from amounts made available to carry out this
section; and
“(ii) the remaining 50 percent of such cost
shall be paid from amounts recovered through the fees established
and collected pursuant to subparagraph (C).
“(E)
VOLUNTARY TESTING.—A manufacturer of a low or no emission vehicle
component is not required to assess the low or no emission vehicle
component at a facility selected under subparagraph (A).
“(F)
COMPLIANCE WITH SECTION 5318.—Notwithstanding whether a low or no
emission vehicle component is assessed at a facility selected under
subparagraph (A), each new bus model shall comply with the
requirements under section 5318.
“(G) SEPARATE
FACILITY.—A facility selected under subparagraph (A) shall be
separate and distinct from the facility operated and maintained
under section 5318.
“(3) LOW OR NO EMISSION VEHICLE
COMPONENT PERFORMANCE REPORTS.—Not later than 2 years after the date
of enactment of the Federal Public Transportation Act of 2015, and
annually thereafter, the Secretary shall issue a report on low or no
emission vehicle component assessments conducted at each facility
selected under paragraph (2)(A), which shall include information
related to the maintainability, reliability, performance, structural
integrity, efficiency, and noise of those low or no emission vehicle
components.
“(4) PUBLIC AVAILABILITY OF ASSESSMENTS.—Each
assessment conducted at a facility selected under paragraph (2)(A)
shall be made publicly available, including to affected
industries.
“(5) RULE OF CONSTRUCTION.—Nothing in this
subsection shall be construed to require—
“(A) a low or
no emission vehicle component to be tested at a facility selected
under paragraph (2)(A); or
“(B) the development or
disclosure of a privately funded component assessment.”.
(6)
in subsection (f) (as so redesignated)—
(A) by striking
“(f)” and all that follows before paragraph (1) and inserting the
following:
“(g) Annual Report on Research.—Not later than the first Monday in
February of each year, the Secretary shall make available to the
public on the Web site of the Department of Transportation, a report
that includes—”; and
(B) in paragraph (1) by adding “and”
at the end;
(C) in paragraph (2) by striking “; and” and
inserting a period; and
(D) by striking paragraph (3);
and
(7) by adding at the end the following:
“(i) Transit Cooperative Research Program.—
“(1) IN
GENERAL.—The amounts made available under section 5338(a)(2)(G)(ii)
are available for a public transportation cooperative research
program.
“(2) INDEPENDENT GOVERNING BOARD.—
“(A)
ESTABLISHMENT.—The Secretary shall establish an independent
governing board for the program under this subsection.
“(B)
RECOMMENDATIONS.—The board shall recommend public transportation
research, development, and technology transfer activities the
Secretary considers appropriate.
“(3) FEDERAL ASSISTANCE.—The Secretary may make grants to, and
enter into cooperative agreements with, the National Academy of
Sciences to carry out activities under this subsection that the
Secretary considers appropriate.
“(4) GOVERNMENT SHARE OF COSTS.—If there would be a
clear and direct financial benefit to an entity under a grant or
contract financed under this subsection, the Secretary shall
establish a Government share consistent with that benefit.
“(5)
LIMITATION ON APPLICABILITY.—Subsections (f) and (g) shall not apply
to activities carried out under this subsection.”.
(b) Conforming Amendments.—Section 5312 of such title (as amended by
subsection (a) of this section) is further amended—
(1)
in subsection (c)(1) by striking “subsection (a)(2)” and inserting
“subsection (b)(2)”;
(2) in subsection (d)—
(A)
in paragraph (1) by striking “subsection (a)(2)” and inserting
“subsection (b)(2)”; and
(B) in paragraph (2)(A) by
striking “subsection (b)” and inserting “subsection (c)”;
(3)
in subsection (e)(2) in each of subparagraphs (A) and (B) by
striking “subsection (a)(2)” and inserting “subsection (b)(2)”;
and
(4) in subsection (f)(2) by striking “subsection
(d)(4)” and inserting “subsection (e)(4)”.
(c) Clerical Amendment.—The analysis for chapter 53 of such title is
amended by striking the item relating to section 5312 and inserting
the following:
######
SEC. 3021. STUDY ON EVIDENTIARY PROTECTION FOR PUBLIC
TRANSPORTATION SAFETY PROGRAM INFORMATION.
(a) Study.—The Secretary shall enter into an agreement with the
Transportation Research Board of the National Academies of
Sciences, Engineering, and Medicine, to conduct a study to
evaluate whether it is in the public interest, including public
safety and the legal rights of persons injured in public
transportation accidents, to withhold from discovery or
admission into evidence in a Federal or State court proceeding
any plan, report, data, or other information or portion thereof,
submitted to, developed, produced, collected, or obtained by the
Secretary or the Secretary’s representative for purposes of
complying with the requirements under section 5329 of title 49,
United States Code, including information related to a
recipient’s safety plan, safety risks, and mitigation
measures.
(b) Coordination.—In conducting the study under subsection (a),
the Transportation Research Board shall coordinate with the
legal research entities of the National Academies of Sciences,
Engineering, and Medicine, including the Committee on Law and
Justice and the Committee on Science, Technology, and Law, and
include members of those committees on the research committee
established for the purposes of this section.
(c) Input.—In conducting the study under subsection (a), the
relevant entities of the National Academies of Sciences,
Engineering, and Medicine shall solicit input from the public
transportation recipients, public transportation nonprofit
employee labor organizations, and impacted members of the
general public.
(d) Report.—Not later than 18 months after the date of
enactment of this Act, the National Academies of Sciences,
Engineering, and Medicine shall issue a report, with the
findings of the study under subsection (a), including any
recommendations on statutory changes regarding evidentiary
protections that will increase public transportation
safety.
######
TITLE V—MOTOR CARRIER SAFETY
######
Subtitle B—Federal Motor Carrier Safety Administration
Reform
######
PART II—COMPLIANCE, SAFETY, ACCOUNTABILITY REFORM
SEC. 5221. CORRELATION STUDY.
(a) In General.—The Administrator of the Federal Motor Carrier
Safety Administration (referred to in this part as the
“Administrator”) shall commission the National Research Council
of the National Academies to conduct a study of—
(1)
the Compliance, Safety, Accountability program of the Federal
Motor Carrier Safety Administration (referred to in this part as
the “CSA program”); and
(2) the Safety Measurement
System utilized by the CSA program (referred to in this part as
the “SMS”).
(b) Scope of Study.—In carrying out the study commissioned
pursuant to subsection (a), the National Research Council—
(1)
shall analyze—
(A) the accuracy with which the
Behavior Analysis and Safety Improvement Categories (referred to
in this part as “BASIC”)—
(i) identify high risk
carriers; and
(ii) predict or are correlated with
future crash risk, crash severity, or other safety indicators
for motor carriers, including the highest risk carriers;
(B)
the methodology used to calculate BASIC percentiles and identify
carriers for enforcement, including the weights assigned to
particular violations and the tie between crash risk and
specific regulatory violations, with respect to accurately
identifying and predicting future crash risk for motor
carriers;
(C) the relative value of inspection
information and roadside enforcement data;
(D) any
data collection gaps or data sufficiency problems that may exist
and the impact of those gaps and problems on the efficacy of the
CSA program;
(E) the accuracy of safety data,
including the use of crash data from crashes in which a motor
carrier was free from fault;
(F) whether BASIC
percentiles for motor carriers of passengers should be
calculated separately from motor carriers of freight;
(G)
the differences in the rates at which safety violations are
reported to the Federal Motor Carrier Safety Administration for
inclusion in the SMS by various enforcement authorities,
including States, territories, and Federal inspectors; and
(H)
how members of the public use the SMS and what effect making the
SMS information public has had on reducing crashes and
eliminating unsafe motor carriers from the industry; and
(2)
shall consider—
(A) whether the SMS provides
comparable precision and confidence, through SMS alerts and
percentiles, for the relative crash risk of individual large and
small motor carriers;
(B) whether alternatives to the
SMS would identify high risk carriers more accurately; and
(C)
the recommendations and findings of the Comptroller General of
the United States and the Inspector General of the Department,
and independent review team reports, issued before the date of
enactment of this Act.
(c) Report.—Not later than 18 months after the date of
enactment of this Act, the Administrator shall—
(1)
submit a report containing the results of the study commissioned
pursuant to subsection (a) to—
(A) the Committee on
Commerce, Science, and Transportation of the Senate;
(B)
the Committee on Transportation and Infrastructure of the House
of Representatives; and
(C) the Inspector General of
the Department; and
(2) publish the report on a
publicly accessible Internet Web site of the Department.
(d) Corrective Action Plan.—
(1) IN GENERAL.—Not later
than 120 days after the Administrator submits the report under
subsection (c), if that report identifies a deficiency or
opportunity for improvement in the CSA program or in any element of
the SMS, the Administrator shall submit to the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives a corrective action plan that—
(A)
responds to the deficiencies or opportunities identified by the
report;
(B) identifies how the Federal Motor Carrier
Safety Administration will address such deficiencies or
opportunities; and
(C) provides an estimate of the cost,
including with respect to changes in staffing, enforcement, and data
collection, necessary to address such deficiencies or
opportunities.
(2) PROGRAM REFORMS.—The corrective action
plan submitted under paragraph (1) shall include an implementation
plan that—
(A) includes benchmarks;
(B)
includes programmatic reforms, revisions to regulations, or
proposals for legislation; and
(C) shall be considered in
any rulemaking by the Department that relates to the CSA program,
including the SMS or data analysis under the SMS.
(e) Inspector General Review.—Not later than 120 days after the
Administrator submits a corrective action plan under subsection (d),
the Inspector General of the Department shall—
(1) review
the extent to which such plan addresses—
(A)
recommendations contained in the report submitted under subsection
(c); and
(B) relevant recommendations issued by the
Comptroller General or the Inspector General before the date of
enactment of this Act; and
(2) submit to the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives a report on the responsiveness of the corrective
action plan to the recommendations described in paragraph (1).
######
TITLE VI—INNOVATION
######
SEC. 6011. DEPARTMENTAL RESEARCH PROGRAMS.
(a) Assistant Secretary for Research and Technology.—Section
102(e)(1) of title 49, United States Code, is amended—
(1)
in the matter preceding subparagraph (A) by striking “5” and
inserting “6”; and
(2) in subparagraph (A) by inserting
“an Assistant Secretary for Research and Technology,” after
“Governmental Affairs,”.
(b) Research Activities.—Section 330 of title 49, United States
Code, is amended—
(1) in the section heading by striking
“contracts” and inserting “activities”;
(2) in subsection
(a) by striking “The Secretary of” and inserting “ In General.—The
Secretary of”;
(3) in subsection (b) by striking “In
carrying” and inserting “ Responsibilities.—In carrying”;
(4)
in subsection (c) by striking “The Secretary” and inserting “
Publications.—The Secretary”; and
(5) by adding at the
end the following:
“(d) Duties.—The Secretary shall provide for the following:
“(1)
Coordination, facilitation, and review of Department of
Transportation research and development programs and activities.
“(2)
Advancement, and research and development, of innovative
technologies, including intelligent transportation systems.
“(3)
Comprehensive transportation statistics research, analysis, and
reporting.
“(4) Education and training in transportation
and transportation-related fields.
“(5) Activities of the
Volpe National Transportation Systems Center.
“(6)
Coordination in support of multimodal and multidisciplinary research
activities.
“(e) Additional Authorities.—The Secretary may—
“(1)
enter into grants and cooperative agreements with Federal agencies,
State and local government agencies, other public entities, private
organizations, and other persons to conduct research into
transportation service and infrastructure assurance and to carry out
other research activities of the Department of Transportation;
“(2)
carry out, on a cost-shared basis, collaborative research and
development to encourage innovative solutions to multimodal
transportation problems and stimulate the deployment of new
technology with—
“(A) non-Federal entities, including
State and local governments, foreign governments, institutions of
higher education, corporations, institutions, partnerships, sole
proprietorships, and trade associations that are incorporated or
established under the laws of any State;
“(B) Federal
laboratories; and
“(C) other Federal agencies; and
“(3) directly initiate contracts, grants, cooperative research
and development agreements (as defined in section 12(d) of the
Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C.
3710a(d))), and other agreements to fund, and accept funds from,
the Transportation Research Board of the National Academies,
State departments of transportation, cities, counties,
institutions of higher education, associations, and the agents
of those entities to carry out joint transportation research and
technology efforts.
“(f) Federal Share.—
“(1) IN GENERAL.—Subject to
paragraph (2), the Federal share of the cost of an activity carried
out under subsection (e)(3) shall not exceed 50 percent.
“(2)
EXCEPTION.—If the Secretary determines that the activity is of
substantial public interest or benefit, the Secretary may approve a
greater Federal share.
“(3) NON-FEDERAL SHARE.—All costs
directly incurred by the non-Federal partners, including personnel,
travel, facility, and hardware development costs, shall be credited
toward the non-Federal share of the cost of an activity described in
subsection (e)(3).
“(g) Program Evaluation and Oversight.—For each of fiscal years 2016
through 2020, the Secretary is authorized to expend not more than 1
1/2 percent of the amounts authorized to be appropriated for the
coordination, evaluation, and oversight of the programs administered
by the Office of the Assistant Secretary for Research and
Technology.
“(h) Use of Technology.—The research, development, or use of a
technology under a contract, grant, cooperative research and
development agreement, or other agreement entered into under this
section, including the terms under which the technology may be
licensed and the resulting royalties may be distributed, shall be
subject to the Stevenson-Wydler Technology Innovation Act of 1980
(15 U.S.C. 3701 et seq.).
“(i) Waiver of Advertising Requirements.—Section 6101 of title 41
shall not apply to a contract, grant, or other agreement entered
into under this section.”.
(c) Clerical Amendment.—The item relating to section 330 in the
analysis of chapter 3 of title 49, United States Code, is amended to
read as follows:
“330. Research activities.”.
(d) Technical and Conforming Amendments.—
(1) TITLE 5
AMENDMENTS.—
(A) POSITIONS AT LEVEL II.—Section 5313 of
title 5, United States Code, is amended by striking “The Under
Secretary of Transportation for Security.”.
(B) POSITIONS
AT LEVEL IV.—Section 5315 of title 5, United States Code, is amended
in the undesignated item relating to Assistant Secretaries of
Transportation by striking “(4)” and inserting “(5)”.
(C)
POSITIONS AT LEVEL V.—Section 5316 of title 5, United States Code,
is amended by striking “Associate Deputy Secretary, Department of
Transportation.”.
(2) BUREAU OF TRANSPORTATION
STATISTICS.—Section 6302 of title 49, United States Code, is amended
by striking subsection (a) and inserting the following:
“(a) In General.—There shall be within the Department of
Transportation the Bureau of Transportation Statistics.”.
######
SEC. 6014. HAZARDOUS MATERIALS RESEARCH AND
DEVELOPMENT.
Section 5118 of title 49, United States Code, is amended—
(1)
in subsection (a)(2)—
(A) in subparagraph (A) by striking
“and” at the end;
(B) in subparagraph (B) by striking the
period at the end and inserting “; and”; and
(C) by
adding at the end the following:
“(C) coordinate, as
appropriate, with other Federal agencies.”; and
(2) by
adding at the end the following:
“(c) Cooperative Research.—
“(1) IN GENERAL.—As part of
the program established under subsection (a), the Secretary may
carry out cooperative research on hazardous materials transport.
“(2) NATIONAL ACADEMIES.—The Secretary may enter into an
agreement with the National Academies to support research
described in paragraph (1).
“(3) RESEARCH.—Research conducted under this subsection
may include activities relating to—
“(A) emergency
planning and response, including information and programs that can
be readily assessed and implemented in local jurisdictions;
“(B)
risk analysis and perception and data assessment;
“(C)
commodity flow data, including voluntary collaboration between
shippers and first responders for secure data exchange of critical
information;
“(D) integration of safety and security;
“(E)
cargo packaging and handling;
“(F) hazmat release
consequences; and
“(G) materials and equipment testing.”.
######
SEC. 6016. UNIVERSITY TRANSPORTATION CENTERS.
Section 5505 of title 49, United States Code, is amended to read as
follows:
Ҥ 5505. University transportation centers program
“(a) University Transportation Centers Program.—
“(1)
ESTABLISHMENT AND OPERATION.—The Secretary shall make grants under
this section to eligible nonprofit institutions of higher education
to establish and operate university transportation centers.
“(2)
ROLE OF CENTERS.—The role of each university transportation center
referred to in paragraph (1) shall be—
“(A) to advance
transportation expertise and technology in the varied disciplines
that comprise the field of transportation through education,
research, and technology transfer activities;
“(B) to
provide for a critical transportation knowledge base outside of the
Department of Transportation; and
“(C) to address
critical workforce needs and educate the next generation of
transportation leaders.
“(b) Competitive Selection Process.—
“(1)
APPLICATIONS.—To receive a grant under this section, a consortium of
nonprofit institutions of higher education shall submit to the
Secretary an application that is in such form and contains such
information as the Secretary may require.
“(2)
RESTRICTION.—
“(A) LIMITATION.—A lead institution of a
consortium of nonprofit institutions of higher education, as
applicable, may only receive 1 grant per fiscal year for each of the
transportation centers described under paragraphs (2), (3), and (4)
of subsection (c).
“(B) EXCEPTION FOR CONSORTIUM MEMBERS
THAT ARE NOT LEAD INSTITUTIONS.—Subparagraph (A) shall not apply to
a nonprofit institution of higher education that is a member of a
consortium of nonprofit institutions of higher education but not the
lead institution of such consortium.
“(3)
COORDINATION.—The Secretary shall solicit grant applications for
national transportation centers, regional transportation centers,
and Tier 1 university transportation centers with identical
advertisement schedules and deadlines.
“(4) GENERAL
SELECTION CRITERIA.—
“(A) IN GENERAL.—Except as otherwise
provided by this section, the Secretary shall award grants under
this section in nonexclusive candidate topic areas established by
the Secretary that address the research priorities identified in
chapter 65.
“(B) CRITERIA.—The Secretary, in consultation
with the Assistant Secretary for Research and Technology and the
Administrator of the Federal Highway Administration and other modal
administrations as appropriate, shall select each recipient of a
grant under this section through a competitive process based on the
assessment of the Secretary relating to—
“(i) the
demonstrated ability of the recipient to address each specific topic
area described in the research and strategic plans of the
recipient;
“(ii) the demonstrated research, technology
transfer, and education resources available to the recipient to
carry out this section;
“(iii) the ability of the
recipient to provide leadership in solving immediate and long-range
national and regional transportation problems;
“(iv) the
ability of the recipient to carry out research, education, and
technology transfer activities that are multimodal and
multidisciplinary in scope;
“(v) the demonstrated
commitment of the recipient to carry out transportation workforce
development programs through—
“(I) degree-granting
programs or programs that provide other industry-recognized
credentials; and
“(II) outreach activities to attract new
entrants into the transportation field, including women and
underrepresented populations;
“(vi) the demonstrated
ability of the recipient to disseminate results and spur the
implementation of transportation research and education programs
through national or statewide continuing education programs;
“(vii)
the demonstrated commitment of the recipient to the use of peer
review principles and other research best practices in the
selection, management, and dissemination of research projects;
“(viii)
the strategic plan submitted by the recipient describing the
proposed research to be carried out by the recipient and the
performance metrics to be used in assessing the performance of the
recipient in meeting the stated research, technology transfer,
education, and outreach goals; and
“(ix) the ability of
the recipient to implement the proposed program in a cost-efficient
manner, such as through cost sharing and overall reduced overhead,
facilities, and administrative costs.
“(5)
TRANSPARENCY.—
“(A) IN GENERAL.—The Secretary shall
provide to each applicant, upon request, any materials, including
copies of reviews (with any information that would identify a
reviewer redacted), used in the evaluation process of the proposal
of the applicant.
“(B) REPORTS.—The Secretary shall
submit to the Committees on Transportation and Infrastructure and
Science, Space, and Technology of the House of Representatives and
the Committee on Environment and Public Works of the Senate a report
describing the overall review process under paragraph (4) that
includes—
“(i) specific criteria of evaluation used in
the review;
“(ii) descriptions of the review process;
and
“(iii) explanations of the selected awards.
“(6) OUTSIDE STAKEHOLDERS.—The Secretary shall, to the maximum
extent practicable, consult external stakeholders, including the
Transportation Research Board of the National Research Council
of the National Academies, to evaluate and competitively review
all proposals.
“(c) Grants.—
“(1) IN GENERAL.—Not later than 1 year
after the date of enactment of this section, the Secretary shall
select grant recipients under subsection (b) and make grant amounts
available to the selected recipients.
“(2) NATIONAL
TRANSPORTATION CENTERS.—
“(A) IN GENERAL.—Subject to
subparagraph (B), the Secretary shall provide grants to 5 consortia
that the Secretary determines best meet the criteria described in
subsection (b)(4).
“(B) RESTRICTIONS.—
“(i) IN
GENERAL.—For each fiscal year, a grant made available under this
paragraph shall be not greater than $4,000,000 and not less than
$2,000,000 per recipient.
“(ii) FOCUSED RESEARCH.—A
consortium receiving a grant under this paragraph shall focus
research on 1 of the transportation issue areas specified in section
6503(c).
“(C) MATCHING REQUIREMENT.—
“(i) IN
GENERAL.—As a condition of receiving a grant under this paragraph, a
grant recipient shall match 100 percent of the amounts made
available under the grant.
“(ii) SOURCES.—The matching
amounts referred to in clause (i) may include amounts made available
to the recipient under—
“(I) section 504(b) of title 23;
or
“(II) section 505 of title 23.
“(3)
REGIONAL UNIVERSITY TRANSPORTATION CENTERS.—
“(A)
LOCATION OF REGIONAL CENTERS.—One regional university transportation
center shall be located in each of the 10 Federal regions that
comprise the Standard Federal Regions established by the Office of
Management and Budget in the document entitled ‘Standard Federal
Regions’ and dated April 1974 (circular A-105).
“(B)
SELECTION CRITERIA.—In conducting a competition under subsection
(b), the Secretary shall provide grants to 10 consortia on the basis
of—
“(i) the criteria described in subsection (b)(4);
“(ii)
the location of the lead center within the Federal region to be
served; and
“(iii) whether the consortium of institutions
demonstrates that the consortium has a well-established, nationally
recognized program in transportation research and education, as
evidenced by—
“(I) recent expenditures by the institution
in highway or public transportation research;
“(II) a
historical track record of awarding graduate degrees in professional
fields closely related to highways and public transportation; and
“(III)
an experienced faculty who specialize in professional fields closely
related to highways and public transportation.
“(C)
RESTRICTIONS.—For each fiscal year, a grant made available under
this paragraph shall be not greater than $3,000,000 and not less
than $1,500,000 per recipient.
“(D) MATCHING
REQUIREMENTS.—
“(i) IN GENERAL.—As a condition of
receiving a grant under this paragraph, a grant recipient shall
match 100 percent of the amounts made available under the grant.
“(ii)
SOURCES.—The matching amounts referred to in clause (i) may include
amounts made available to the recipient under—
“(I)
section 504(b) of title 23; or
“(II) section 505 of title
23.
“(E) FOCUSED RESEARCH.—The Secretary shall make a
grant to 1 of the 10 regional university transportation centers
established under this paragraph for the purpose of furthering the
objectives described in subsection (a)(2) in the field of
comprehensive transportation safety, congestion, connected vehicles,
connected infrastructure, and autonomous vehicles.
“(4)
TIER 1 UNIVERSITY TRANSPORTATION CENTERS.—
“(A) IN
GENERAL.—The Secretary shall provide grants of not greater than
$2,000,000 and not less than $1,000,000 to not more than 20
recipients to carry out this paragraph.
“(B) MATCHING
REQUIREMENT.—
“(i) IN GENERAL.—As a condition of
receiving a grant under this paragraph, a grant recipient shall
match 50 percent of the amounts made available under the grant.
“(ii)
SOURCES.—The matching amounts referred to in clause (i) may include
amounts made available to the recipient under—
“(I)
section 504(b) of title 23; or
“(II) section 505 of title
23.
“(C) FOCUSED RESEARCH.—In awarding grants under this
section, consideration shall be given to minority institutions, as
defined by section 365 of the Higher Education Act of 1965 (20
U.S.C. 1067k), or consortia that include such institutions that have
demonstrated an ability in transportation-related research.
“(d) Program Coordination.—
“(1) IN GENERAL.—The
Secretary shall—
“(A) coordinate the research, education,
and technology transfer activities carried out by grant recipients
under this section; and
“(B) disseminate the results of
that research through the establishment and operation of a publicly
accessible online information clearinghouse.
“(2) ANNUAL
REVIEW AND EVALUATION.—Not less frequently than annually, and
consistent with the plan developed under section 6503, the Secretary
shall—
“(A) review and evaluate the programs carried out
under this section by grant recipients; and
“(B) submit
to the Committees on Transportation and Infrastructure and Science,
Space, and Technology of the House of Representatives and the
Committees on Environment and Public Works and Commerce, Science,
and Transportation of the Senate a report describing that review and
evaluation.
“(3) PROGRAM EVALUATION AND OVERSIGHT.—For
each of fiscal years 2016 through 2020, the Secretary shall expend
not more than 1 and a half percent of the amounts made available to
the Secretary to carry out this section for any coordination,
evaluation, and oversight activities of the Secretary under this
section.
“(e) Limitation on Availability of Amounts.—Amounts made available
to the Secretary to carry out this section shall remain available
for obligation by the Secretary for a period of 3 years after the
last day of the fiscal year for which the amounts are authorized.
“(f) Information Collection.—Any survey, questionnaire, or interview
that the Secretary determines to be necessary to carry out reporting
requirements relating to any program assessment or evaluation
activity under this section, including customer satisfaction
assessments, shall not be subject to chapter 35 of title 44.”.
######
SEC. 6018. PORT PERFORMANCE FREIGHT STATISTICS PROGRAM.
(a) In General.—Chapter 63 of title 49, United States Code, is
amended by adding at the end the following:
Ҥ 6314. Port performance freight statistics program
“(a) In General.—The Director shall establish, on behalf of the
Secretary, a port performance statistics program to provide
nationally consistent measures of performance of, at a minimum—
“(1)
the Nation’s top 25 ports by tonnage;
“(2) the Nation’s
top 25 ports by 20-foot equivalent unit; and
“(3) the
Nation’s top 25 ports by dry bulk.
“(b) Reports.—
“(1) PORT CAPACITY AND THROUGHPUT.—Not
later than January 15 of each year, the Director shall submit an
annual report to Congress that includes statistics on capacity and
throughput at the ports described in subsection (a).
“(2)
PORT PERFORMANCE MEASURES.—The Director shall collect port
performance measures for each of the United States ports referred to
in subsection (a) that—
“(A) receives Federal assistance;
or
“(B) is subject to Federal regulation to submit
necessary information to the Bureau that includes statistics on
capacity and throughput as applicable to the specific configuration
of the port.
“(c) Recommendations.—
“(1) IN GENERAL.—The Director
shall obtain recommendations for—
“(A) port performance
measures, including specifications and data measurements to be used
in the program established under subsection (a); and
“(B)
a process for the Department to collect timely and consistent data,
including identifying safeguards to protect proprietary information
described in subsection (b)(2).
“(2) WORKING GROUP.—Not
later than 60 days after the date of the enactment of the
Transportation for Tomorrow Act of 2015, the Director shall
commission a working group composed of—
“(A) operating
administrations of the Department;
“(B) the Coast
Guard;
“(C) the Federal Maritime Commission;
“(D)
U.S. Customs and Border Protection;
“(E) the Marine
Transportation System National Advisory Council;
“(F) the
Army Corps of Engineers;
“(G) the Saint Lawrence Seaway
Development Corporation;
“(H) the Bureau of Labor
Statistics;
“(I) the Maritime Advisory Committee for
Occupational Safety and Health;
“(J) the Advisory
Committee on Supply Chain Competitiveness;
“(K) 1
representative from the rail industry;
“(L) 1
representative from the trucking industry;
“(M) 1
representative from the maritime shipping industry;
“(N)
1 representative from a labor organization for each industry
described in subparagraphs (K) through (M);
“(O) 1
representative from the International Longshoremen’s Association;
“(P)
1 representative from the International Longshore and Warehouse
Union;
“(Q) 1 representative from a port authority;
“(R)
1 representative from a terminal operator;
“(S)
representatives of the National Freight Advisory Committee of the
Department; and
“(T) representatives of the Transportation Research Board of
the National Academies of Sciences, Engineering, and
Medicine.
“(3) RECOMMENDATIONS.—Not later than 1 year after the
date of the enactment of the Transportation for Tomorrow Act of
2015, the working group commissioned under paragraph (2) shall
submit its recommendations to the Director.
“(d) Access to Data.—The Director shall ensure that—
“(1)
the statistics compiled under this section—
“(A) are
readily accessible to the public; and
“(B) are consistent
with applicable security constraints and confidentiality interests;
and
“(2) the data acquired, regardless of source, shall
be protected in accordance with the Confidential Information
Protection and Statistical Efficiency Act of 2002 (44 U.S.C. 3501
note; Public Law 107-347).”.
(b) Prohibition on Certain Disclosures; Copies of Reports.—Section
6307(b) of such title is amended, by inserting “or section 6314(b)”
after “section 6302(b)(3)(B)” each place it appears.
(c) Clerical Amendment.—The table of sections for chapter 63 of such
title is amended by adding at the end the following:
“6314. Port performance freight statistics program.”.
######
SEC. 6021. FUTURE INTERSTATE STUDY.
(a) Future Interstate System Study.—Not later than 180 days
after the date of enactment of this Act, the Secretary shall
enter into an agreement with the Transportation Research Board
of the National Academies to conduct a study on the actions
needed to upgrade and restore the Dwight D. Eisenhower National
System of Interstate and Defense Highways to its role as a
premier system that meets the growing and shifting demands of
the 21st century.
(b) Methodologies.—In conducting the study, the Transportation
Research Board shall build on the methodologies examined and
recommended in the report prepared for the American Association
of State Highway and Transportation Officials titled “National
Cooperative Highway Research Program Project 20-24(79):
Specifications for a National Study of the Future 3R, 4R, and
Capacity Needs of the Interstate System”, dated December
2013.
(c) Contents of Study.—The study—
(1) shall include
specific recommendations regarding the features, standards,
capacity needs, application of technologies, and
intergovernmental roles to upgrade the Interstate System,
including any revisions to law (including regulations) that the
Transportation Research Board determines appropriate; and
(2)
is encouraged to build on the institutional knowledge in the
highway industry in applying the techniques involved in
implementing the study.
(d) Considerations.—In carrying out the study, the
Transportation Research Board shall determine the need for
reconstruction and improvement of the Interstate System by
considering—
(1) future demands on transportation
infrastructure determined for national planning purposes,
including commercial and private traffic flows to serve future
economic activity and growth;
(2) the expected
condition of the current Interstate System over the period of 50
years beginning on the date of enactment of this Act, including
long-term deterioration and reconstruction needs;
(3)
features that would take advantage of technological capabilities
to address modern standards of construction, maintenance, and
operations, for purposes of safety, and system management,
taking into further consideration system performance and
cost;
(4) those National Highway System routes that
should be added to the existing Interstate System to more
efficiently serve national traffic flows; and
(5) the
resources necessary to maintain and improve the Interstate
System, including the resources required to upgrade the National
Highway System routes identified in paragraph (4) to Interstate
standards.
(e) Consultation.—In carrying out the study, the Transportation
Research Board—
(1) shall convene and consult with a
panel of national experts, including operators and users of the
Interstate System and private sector stakeholders; and
(2)
is encouraged to consult with—
(A) the Federal
Highway Administration;
(B) States;
(C)
planning agencies at the metropolitan, State, and regional
levels;
(D) the motor carrier industry;
(E)
freight shippers;
(F) highway safety groups; and
(G)
other appropriate entities.
(f) Report.—Not later than 3 years after the date of enactment
of this Act, the Transportation Research Board shall submit to
the Secretary, the Committee on Environment and Public Works of
the Senate, and the Committee on Transportation and
Infrastructure of the House of Representatives a report on the
results of the study conducted under this section.
(g) Funding.—From amounts authorized to carry out the Highway
Research and Development Program, the Secretary shall use to
carry out this section not more than $5,000,000 for fiscal year
2016.
######
TITLE VII—HAZARDOUS MATERIALS TRANSPORTATION
######
Subtitle C—Safe Transportation of Flammable Liquids by
Rail
######
SEC. 7311. STUDY AND TESTING OF ELECTRONICALLY CONTROLLED
PNEUMATIC BRAKES.
(a) Government Accountability Office Study.—
(1) IN
GENERAL.—The Comptroller General of the United States shall conduct
an independent evaluation of ECP brake systems, pilot program data,
and the Department’s research and analysis on the costs, benefits,
and effects of ECP brake systems.
(2) STUDY ELEMENTS.—In
completing the independent evaluation under paragraph (1), the
Comptroller General shall examine the following issues related to
ECP brake systems:
(A) Data and modeling results on
safety benefits relative to conventional brakes and to other braking
technologies or systems, such as distributed power and 2-way
end-of-train devices.
(B) Data and modeling results on
business benefits, including the effects of dynamic braking.
(C)
Data on costs, including up-front capital costs and on-going
maintenance costs.
(D) Analysis of potential operational
benefits and challenges, including the effects of potential
locomotive and car segregation, technical reliability issues, and
network disruptions.
(E) Analysis of potential
implementation challenges, including installation time, positive
train control integration complexities, component availability
issues, and tank car shop capabilities.
(F) Analysis of
international experiences with the use of advanced braking
technologies.
(3) REPORT.—Not later than 18 months after
the date of enactment of this Act, the Comptroller General shall
transmit to the Committee on Transportation and Infrastructure of
the House of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate a report on the results of the
independent evaluation under paragraph (1).
(b) Emergency Braking Application Testing.—
(1) IN GENERAL.—The Secretary shall enter into an agreement
with the National Academy of Sciences to—
(A)
complete testing of ECP brake systems during emergency braking
application, including more than 1 scenario involving the
uncoupling of a train with 70 or more DOT-117 specification or
DOT-117R specification tank cars; and
(B) transmit,
not later than 18 months after the date of enactment of this
Act, to the Committee on Transportation and Infrastructure of
the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate a report on the
results of the testing.
(2) INDEPENDENT EXPERTS.—In
completing the testing under paragraph (1)(A), the National
Academy of Sciences may contract with 1 or more engineering or
rail experts, as appropriate, that—
(A) are not
railroad carriers, entities funded by such carriers, or entities
directly impacted by the final rule issued on May 8, 2015,
entitled “Enhanced Tank Car Standards and Operational Controls
for High-Hazard Flammable Trains” (80 Fed. Reg. 26643); and
(B)
have relevant experience in conducting railroad safety
technology tests or similar crash tests.
(3) TESTING
FRAMEWORK.—In completing the testing under paragraph (1), the
National Academy of Sciences and each contractor described in
paragraph (2) shall ensure that the testing objectively,
accurately, and reliably measures the performance of ECP brake
systems relative to other braking technologies or systems, such
as distributed power and 2-way end-of-train devices, including
differences in—
(A) the number of cars derailed;
(B)
the number of cars punctured;
(C) the measures of
in-train forces; and
(D) the stopping distance.
(4)
FUNDING.—The Secretary shall provide funding, as part of the
agreement under paragraph (1), to the National Academy of
Sciences for the testing required under this section—
(A)
using sums made available to carry out sections 20108 and 5118
of title 49, United States Code; and
(B) to the
extent funding under subparagraph (A) is insufficient or
unavailable to fund the testing required under this section,
using such sums as are necessary from the amounts appropriated
to the Secretary, the Federal Railroad Administration, or the
Pipeline and Hazardous Materials Safety Administration, or a
combination thereof.
(5) EQUIPMENT.—
(A)
RECEIPT.—The National Academy of Sciences and each contractor
described in paragraph (2) may receive or use rolling stock,
track, and other equipment or infrastructure from a railroad
carrier or other private entity for the purposes of conducting
the testing required under this section.
(B)
CONTRACTED USE.—Notwithstanding paragraph (2)(A), to facilitate
testing, the National Academy of Sciences and each contractor
may contract with a railroad carrier or any other private entity
for the use of such carrier or entity’s rolling stock, track, or
other equipment and receive technical assistance on their
use.
(c) Evidence-Based Approach.—
(1) ANALYSIS.—The Secretary
shall—
(A) not later than 90 days after the report date,
fully incorporate the results of the evaluation under subsection (a)
and the testing under subsection (b) and update the regulatory
impact analysis of the final rule described in subsection (b)(2)(A)
of the costs, benefits, and effects of the applicable ECP brake
system requirements;
(B) as soon as practicable after
completion of the updated analysis under subparagraph (A), solicit
public comment in the Federal Register on the analysis for a period
of not more than 30 days; and
(C) not later than 60 days
after the end of the public comment period under subparagraph (B),
post the final updated regulatory impact analysis on the Department
of Transportation’s Internet Web site.
(2)
DETERMINATION.—Not later than 2 years after the date of enactment of
this Act, the Secretary shall—
(A) determine, based on
whether the final regulatory impact analysis described in paragraph
(1)(C) demonstrates that the benefits, including safety benefits, of
the applicable ECP brake system requirements exceed the costs of
such requirements, whether the applicable ECP brake system
requirements are justified;
(B) if the applicable ECP
brake system requirements are justified, publish in the Federal
Register the determination and reasons for such determination;
and
(C) if the Secretary does not publish the
determination under subparagraph (B), repeal the applicable ECP
brake system requirements.
(3) SAVINGS CLAUSE.—Nothing in
this section shall be construed to prohibit the Secretary from
implementing the final rule described under subsection (b)(2)(A)
prior to the determination required under subsection (c)(2) of this
section, or require the Secretary to promulgate a new rule on the
provisions of such final rule, other than on the applicable ECP
brake system requirements, if the Secretary does not determine that
the applicable ECP brake system requirements are justified pursuant
to this subsection.
(d) Definitions.—In this section, the following definitions
apply:
(1) APPLICABLE ECP BRAKE SYSTEM REQUIREMENTS.—The
term “applicable ECP brake system requirements” means sections
174.310(a)(3)(ii), 174.310(a)(3)(iii), 174.310(a)(5)(v), 179.202-10,
179.202-12(g), and 179.202-13(i) of title 49, Code of Federal
Regulations, and any other regulation in effect on the date of
enactment of this Act requiring the installation of ECP brakes or
operation in ECP brake mode.
(2) CLASS 3 FLAMMABLE
LIQUID.—The term “Class 3 flammable liquid” has the meaning given
the term flammable liquid in section 173.120(a) of title 49, Code of
Federal Regulations.
(3) ECP.—The term “ECP” means
electronically controlled pneumatic when applied to a brake or
brakes.
(4) ECP BRAKE MODE.—The term “ECP brake mode”
includes any operation of a rail car or an entire train using an ECP
brake system.
(5) ECP BRAKE SYSTEM.—
(A) 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
car.
(B) INCLUSIONS.—The term “ECP brake system” includes
dual mode and stand-alone ECP brake systems.
(6) RAILROAD
CARRIER.—The term “railroad carrier” has the meaning given the term
in section 20102 of title 49, United States Code.
(7)
REPORT DATE.—The term “report date” means the date that the reports
under subsections (a)(3) and (b)(1)(B) are required to be
transmitted pursuant to those subsections.
######
TITLE XI—RAIL
######
Subtitle C—Intercity Passenger Rail Policy
######
SEC. 11301. CONSOLIDATED RAIL INFRASTRUCTURE AND SAFETY
IMPROVEMENTS.
(a) In General.—Chapter 244 of title 49, United States Code, is
amended by adding at the end the following:
Ҥ 24407. Consolidated rail infrastructure and safety improvements
“(a) 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 safety, efficiency, or reliability.
“(b) Eligible Recipients.—The following entities are eligible to
receive a grant under this section:
“(1) A State.
“(2)
A group of States.
“(3) An Interstate Compact.
“(4)
A public agency or publicly chartered authority established by 1 or
more States.
“(5) A political subdivision of a State.
“(6)
Amtrak or another rail carrier that provides intercity rail
passenger transportation (as defined in section 24102).
“(7)
A Class II railroad or Class III railroad (as those terms are
defined in section 20102).
“(8) Any rail carrier or rail
equipment manufacturer in partnership with at least 1 of the
entities described in paragraphs (1) through (5).
“(9) The Transportation Research Board and any entity with
which it contracts in the development of rail-related research,
including cooperative research programs.
“(10) A University transportation center engaged in
rail-related research.
“(11) A non-profit labor
organization representing a class or craft of employees of rail
carriers or rail carrier contractors.
“(c) Eligible Projects.—The following projects are eligible to
receive grants under this section:
“(1) Deployment of
railroad safety technology, including positive train control and
rail integrity inspection systems.
“(2) A capital project
as defined in section 24401(2), except that a project shall not be
required to be in a State rail plan developed under chapter 227.
“(3)
A capital project identified by the Secretary as being necessary to
address congestion challenges affecting rail service.
“(4)
A capital project identified by the Secretary as being necessary to
reduce congestion and facilitate ridership growth in intercity
passenger rail transportation along heavily traveled rail
corridors.
“(5) A highway-rail grade crossing improvement
project, including installation, repair, or improvement of grade
separations, railroad crossing signals, gates, and related
technologies, highway traffic signalization, highway lighting and
crossing approach signage, roadway improvements such as medians or
other barriers, railroad crossing panels and surfaces, and safety
engineering improvements to reduce risk in quiet zones or potential
quiet zones.
“(6) A rail line relocation and improvement
project.
“(7) A capital project to improve short-line or
regional railroad infrastructure.
“(8) The preparation of
regional rail and corridor service development plans and
corresponding environmental analyses.
“(9) Any project
that the Secretary considers necessary to enhance multimodal
connections or facilitate service integration between rail service
and other modes, including between intercity rail passenger
transportation and intercity bus service or commercial air
service.
“(10) The development and implementation of a
safety program or institute designed to improve rail safety.
“(11)
Any research that the Secretary considers necessary to advance any
particular aspect of rail-related capital, operations, or safety
improvements.
“(12) Workforce development and training
activities, coordinated to the extent practicable with the existing
local training programs supported by the Department of
Transportation, the Department of Labor, and the Department of
Education.
“(d) Application Process.—The Secretary shall prescribe the form and
manner of filing an application under this section.
“(e) Project Selection Criteria.—
“(1) IN GENERAL.—In
selecting a recipient of a grant for an eligible project, the
Secretary shall—
“(A) give preference to a proposed
project for which the proposed Federal share of total project costs
does not exceed 50 percent; and
“(B) after factoring in
preference to projects under subparagraph (A), select projects that
will maximize the net benefits of the funds appropriated for use
under this section, considering the cost-benefit analysis of the
proposed project, including anticipated private and public benefits
relative to the costs of the proposed project and factoring in the
other considerations described in paragraph (2).
“(2)
OTHER CONSIDERATIONS.—The Secretary shall also consider the
following:
“(A) The degree to which the proposed
project’s business plan considers potential private sector
participation in the financing, construction, or operation of the
project.
“(B) The recipient’s past performance in
developing and delivering similar projects, and previous financial
contributions.
“(C) Whether the recipient has or will
have the legal, financial, and technical capacity to carry out the
proposed project, satisfactory continuing control over the use of
the equipment or facilities, and the capability and willingness to
maintain the equipment or facilities.
“(D) If applicable,
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 227.
“(E) If
applicable, any technical evaluation ratings the proposed project
received under previous competitive grant programs administered by
the Secretary.
“(F) Such other factors as the Secretary
considers relevant to the successful delivery of the project.
“(3)
BENEFITS.—The benefits described in paragraph (1)(B) may include the
effects on system and service performance, including measures such
as improved safety, competitiveness, reliability, trip or transit
time, resilience, efficiencies from improved integration with other
modes, the ability to meet existing or anticipated demand, and any
other benefits.
“(f) Performance Measures.—The Secretary shall establish performance
measures for each grant recipient to assess progress in achieving
strategic goals and objectives. The Secretary may require a grant
recipient to periodically report information related to such
performance measures.
“(g) Rural Areas.—
“(1) IN GENERAL.—Of the amounts
appropriated under this section, at least 25 percent shall be
available for projects in rural areas. The Secretary shall consider
a project to be in a rural area if all or the majority of the
project (determined by the geographic location or locations where
the majority of the project funds will be spent) is located in a
rural area.
“(2) DEFINITION OF RURAL AREA.—In this
subsection, the term ‘rural area’ means any area not in an urbanized
area, as defined by the Bureau of the Census.
“(h) Federal Share of Total Project Costs.—
“(1) TOTAL
PROJECT COSTS.—The Secretary shall estimate the total costs of a
project under this section based on the best available information,
including any available engineering studies, studies of economic
feasibility, environmental analyses, and information on the expected
use of equipment or facilities.
“(2) FEDERAL SHARE.—The
Federal share of total project costs under this section shall not
exceed 80 percent.
“(3) TREATMENT OF PASSENGER RAIL
REVENUE.—If Amtrak or another rail carrier is an applicant under
this section, Amtrak or the other rail carrier, as applicable, may
use ticket and other revenues generated from its operations and
other sources to satisfy the non-Federal share requirements.
“(i) Applicability.—Except as specifically provided in this section,
the use of any amounts appropriated for grants under this section
shall be subject to the requirements of this chapter.
“(j) Availability.—Amounts appropriated for carrying out this
section shall remain available until expended.
“(k) Limitation.—The requirements of sections 24402, 24403, and
24404 and the definition contained in 24401(1) shall not apply to
this section.
“(l) Special Transportation Circumstances.—
“(1) IN
GENERAL.—In carrying out this chapter, the Secretary shall allocate
an appropriate portion of the amounts available to programs in this
chapter to provide grants to States—
“(A) in which there
is no intercity passenger rail service, for the purpose of funding
freight rail capital projects that are on a State rail plan
developed under chapter 227 that provide public benefits (as defined
in chapter 227), as determined by the Secretary; or
“(B)
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
considerations, for the purpose of funding transportation-related
capital projects.
“(2) DEFINITION.—For the purposes of
this subsection, the term ‘appropriate portion’ means a share, for
each State subject to paragraph (1), not less than the share of the
total railroad route miles in such State of the total railroad route
miles in the United States, excluding from all totals the route
miles exclusively used for tourist, scenic, and excursion railroad
operations.”.
(b) Conforming Amendment.—The table of contents of chapter 244 of
title 49, United States Code, is amended by adding after the item
relating to section 24406 the following:
“24407. Consolidated rail infrastructure and safety improvements.”.
(c) Repeals.—
(1) Sections 20154 and 20167 of chapter 201
of title 49, United States Code, and the items relating to such
sections in the table of contents of such chapter, are repealed.
(2)
Section 24105 of chapter 241 of title 49, United States Code, and
the item relating to such section in the table of contents of such
chapter, is repealed.
(3) Chapter 225 of title 49, United
States Code, and the item relating to such chapter in the table of
contents of subtitle V of such title, is repealed.
(4)
Section 22108 of chapter 221 of title 49, United States Code, and
the item relating to such section in the table of contents of such
chapter, are repealed.
######
****************************************************************************************************************************************************
HRpt
114-357 - To accompany H.R. 22 – [T]oauthorize funds for Federal-aid
highways, highway safety programs, and transmit programs, and for
other purposes,
Conference Committee
(12/01/15)
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######
TITLE I—FEDERAL-AID HIGHWAYS
######
Subtitle D—Miscellaneous
######
SEC. 1422. STUDY ON PERFORMANCE OF BRIDGES.
(a) In General.—Subject to subsection (c), the Administrator of the Federal Highway Administration
(referred to in this section as the “Administrator”) shall
commission the Transportation Research Board of the National
Academy of Sciences to conduct a study on the performance of
bridges that received funding under the innovative bridge
research and construction program (referred to in this section
as the “program”) under section 503(b) of title 23, United
States Code (as in effect on the day before the date of
enactment of SAFETEA-LU (Public Law 109-59; 119 Stat. 1144)) in
meeting the goals of that program, which included—
(1)
the development of new, cost-effective innovative material
highway bridge applications;
(2) the reduction of
maintenance costs and lifecycle costs of bridges, including the
costs of new construction, replacement, or rehabilitation of
deficient bridges;
(3) the development of
construction techniques to increase safety and reduce
construction time and traffic congestion;
(4) the
development of engineering design criteria for innovative
products and materials for use in highway bridges and
structures;
(5) the development of cost-effective and
innovative techniques to separate vehicle and pedestrian traffic
from railroad traffic;
(6) the development of highway
bridges and structures that will withstand natural disasters,
including alternative processes for the seismic retrofit of
bridges; and
(7) the development of new
nondestructive bridge evaluation technologies and
techniques.
(b) Contents.—The study commissioned under subsection (a) shall
include—
(1) an analysis of the performance of
bridges that received funding under the program in meeting the
goals described in paragraphs (1) through (7) of subsection
(a);
(2) an analysis of the utility, compared to
conventional materials and technologies, of each of the
innovative materials and technologies used in projects for
bridges under the program in meeting the needs of the United
States in 2015 and in the future for a sustainable and low
lifecycle cost transportation system;
(3)
recommendations to Congress on how the installed and lifecycle
costs of bridges could be reduced through the use of innovative
materials and technologies, including, as appropriate, any
changes in the design and construction of bridges needed to
maximize the cost reductions; and
(4) a summary of
any additional research that may be needed to further evaluate
innovative approaches to reducing the installed and lifecycle
costs of highway bridges.
(c) Public Comment.—Before commissioning the study under
subsection (a), the Administrator shall provide an opportunity
for public comment on the study proposal.
(d) Data From States.—Each State that received funds under the
program shall provide to the Transportation Research Board any
relevant data needed to carry out the study commissioned under
subsection (a).
(e) Deadline.—The Administrator shall submit to Congress the
study commissioned under subsection (a) not later than 3 years
after the date of enactment of this Act.
######
TITLE III—PUBLIC TRANSPORTATION
######
SEC. 3008. PUBLIC TRANSPORTATION INNOVATION.
(a) Consolidation of Programs.—Section 5312 of title 49, United
States Code, is amended—
(1) by striking the section
designation and heading and inserting the following:
“§ 5312. Public transportation innovation”;
(2) by
redesignating subsections (a) through (f) as subsections (b) through
(g), respectively;
(3) by inserting before subsection (b)
(as so redesignated) the following:
“(a) In General.—The Secretary shall provide assistance for projects
and activities to advance innovative public transportation research
and development in accordance with the requirements of this
section.”;
(4) in subsection (e) (as so redesignated)—
(A)
in paragraph (3)—
(i) in the matter preceding
subparagraph (A), by inserting “demonstration, deployment, or
evaluation” before “project that”;
(ii) in subparagraph
(A), by striking “and” at the end;
(iii) in subparagraph
(B), by striking the period at the end and inserting “; or”; and
(iv)
by adding at the end the following:
“(C) the deployment
of low or no emission vehicles, zero emission vehicles, or
associated advanced technology.”; and
(B) by striking
paragraph (5) and inserting the following:
“(5)
PROHIBITION.—The Secretary may not make grants under this subsection
for the demonstration, deployment, or evaluation of a vehicle that
is in revenue service unless the Secretary determines that the
project makes significant technological advancements in the
vehicle.
“(6) DEFINITIONS.—In this subsection—
“(A)
the term ‘direct carbon emissions’ means the quantity of direct
greenhouse gas emissions from a vehicle, as determined by the
Administrator of the Environmental Protection Agency;
“(B)
the term ‘low or no emission vehicle’ means—
“(i) a
passenger vehicle used to provide public transportation that the
Secretary determines sufficiently reduces energy consumption or
harmful emissions, including direct carbon emissions, when compared
to a comparable standard vehicle; or
“(ii) a zero
emission vehicle used to provide public transportation; and
“(C)
the term ‘zero emission vehicle’ means a low or no emission vehicle
that produces no carbon or particulate matter.”;
(5) by
adding at the end the following:
“(h) Low or No Emission Vehicle Component Assessment.—
“(1)
DEFINITIONS.—In this subsection—
“(A) the term ‘covered
institution of higher education’ means an institution of higher
education with which the Secretary enters into a contract or
cooperative agreement, or to which the Secretary makes a grant,
under paragraph (2)(B) to operate a facility selected under
paragraph (2)(A);
“(B) the terms ‘direct carbon
emissions’ and ‘low or no emission vehicle’ have the meanings given
those terms in subsection (e)(6);
“(C) the term
‘institution of higher education’ has the meaning given the term in
section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002);
and
“(D) the term ‘low or no emission vehicle component’
means an item that is separately installed in and removable from a
low or no emission vehicle.
“(2) ASSESSING LOW OR NO
EMISSION VEHICLE COMPONENTS.—
“(A) IN GENERAL.—The
Secretary shall competitively select at least one facility to
conduct testing, evaluation, and analysis of low or no emission
vehicle components intended for use in low or no emission
vehicles.
“(B) OPERATION AND MAINTENANCE.—
“(i)
IN GENERAL.—The Secretary shall enter into a contract or cooperative
agreement with, or make a grant to, at least one institution of
higher education to operate and maintain a facility selected under
subparagraph (A).
“(ii) REQUIREMENTS.—An institution of
higher education described in clause (i) shall have—
“(I)
capacity to carry out transportation-related advanced component and
vehicle evaluation;
“(II) laboratories capable of testing
and evaluation; and
“(III) direct access to or a
partnership with a testing facility capable of emulating real-world
circumstances in order to test low or no emission vehicle components
installed on the intended vehicle.
“(C) FEES.—A covered
institution of higher education shall establish and collect fees,
which shall be approved by the Secretary, for the assessment of low
or no emission vehicle components at the applicable facility
selected under subparagraph (A).
“(D) AVAILABILITY OF
AMOUNTS TO PAY FOR ASSESSMENT.—The Secretary shall enter into a
contract or cooperative agreement with, or make a grant to an
institution of higher education under which—
“(i) the
Secretary shall pay 50 percent of the cost of assessing a low or no
emission vehicle component at the applicable facility selected under
subparagraph (A) from amounts made available to carry out this
section; and
“(ii) the remaining 50 percent of such cost
shall be paid from amounts recovered through the fees established
and collected pursuant to subparagraph (C).
“(E)
VOLUNTARY TESTING.—A manufacturer of a low or no emission vehicle
component is not required to assess the low or no emission vehicle
component at a facility selected under subparagraph (A).
“(F)
COMPLIANCE WITH SECTION 5318.—Notwithstanding whether a low or no
emission vehicle component is assessed at a facility selected under
subparagraph (A), each new bus model shall comply with the
requirements under section 5318.
“(G) SEPARATE
FACILITY.—A facility selected under subparagraph (A) shall be
separate and distinct from the facility operated and maintained
under section 5318.
“(3) LOW OR NO EMISSION VEHICLE
COMPONENT PERFORMANCE REPORTS.—Not later than 2 years after the date
of enactment of the Federal Public Transportation Act of 2015, and
annually thereafter, the Secretary shall issue a report on low or no
emission vehicle component assessments conducted at each facility
selected under paragraph (2)(A), which shall include information
related to the maintainability, reliability, performance, structural
integrity, efficiency, and noise of those low or no emission vehicle
components.
“(4) PUBLIC AVAILABILITY OF ASSESSMENTS.—Each
assessment conducted at a facility selected under paragraph (2)(A)
shall be made publicly available, including to affected
industries.
“(5) RULE OF CONSTRUCTION.—Nothing in this
subsection shall be construed to require—
“(A) a low or
no emission vehicle component to be tested at a facility selected
under paragraph (2)(A); or
“(B) the development or
disclosure of a privately funded component assessment.”.
(6)
in subsection (f) (as so redesignated)—
(A) by striking
“(f)” and all that follows before paragraph (1) and inserting the
following:
“(g) Annual Report on Research.—Not later than the first Monday in
February of each year, the Secretary shall make available to the
public on the Web site of the Department of Transportation, a report
that includes—”; and
(B) in paragraph (1) by adding “and”
at the end;
(C) in paragraph (2) by striking “; and” and
inserting a period; and
(D) by striking paragraph (3);
and
(7) by adding at the end the following:
“(i) Transit Cooperative Research Program.—
“(1) IN
GENERAL.—The amounts made available under section 5338(a)(2)(G)(ii)
are available for a public transportation cooperative research
program.
“(2) INDEPENDENT GOVERNING BOARD.—
“(A)
ESTABLISHMENT.—The Secretary shall establish an independent
governing board for the program under this subsection.
“(B)
RECOMMENDATIONS.—The board shall recommend public transportation
research, development, and technology transfer activities the
Secretary considers appropriate.
“(3) FEDERAL ASSISTANCE.—The Secretary may make grants to, and
enter into cooperative agreements with, the National Academy of
Sciences to carry out activities under this subsection that the
Secretary considers appropriate.
“(4) GOVERNMENT SHARE OF COSTS.—If there would be a
clear and direct financial benefit to an entity under a grant or
contract financed under this subsection, the Secretary shall
establish a Government share consistent with that benefit.
“(5)
LIMITATION ON APPLICABILITY.—Subsections (f) and (g) shall not apply
to activities carried out under this subsection.”.
(b) Conforming Amendments.—Section 5312 of such title (as amended by
subsection (a) of this section) is further amended—
(1)
in subsection (c)(1) by striking “subsection (a)(2)” and inserting
“subsection (b)(2)”;
(2) in subsection (d)—
(A)
in paragraph (1) by striking “subsection (a)(2)” and inserting
“subsection (b)(2)”; and
(B) in paragraph (2)(A) by
striking “subsection (b)” and inserting “subsection (c)”;
(3)
in subsection (e)(2) in each of subparagraphs (A) and (B) by
striking “subsection (a)(2)” and inserting “subsection (b)(2)”;
and
(4) in subsection (f)(2) by striking “subsection
(d)(4)” and inserting “subsection (e)(4)”.
(c) Clerical Amendment.—The analysis for chapter 53 of such title is
amended by striking the item relating to section 5312 and inserting
the following:
“5312. Public transportation innovation.”.
######
SEC. 3021. STUDY ON EVIDENTIARY PROTECTION FOR PUBLIC
TRANSPORTATION SAFETY PROGRAM INFORMATION.
(a) Study.—The Secretary shall enter into an agreement with the
Transportation Research Board of the National Academies of
Sciences, Engineering, and Medicine, to conduct a study to
evaluate whether it is in the public interest, including public
safety and the legal rights of persons injured in public
transportation accidents, to withhold from discovery or
admission into evidence in a Federal or State court proceeding
any plan, report, data, or other information or portion thereof,
submitted to, developed, produced, collected, or obtained by the
Secretary or the Secretary’s representative for purposes of
complying with the requirements under section 5329 of title 49,
United States Code, including information related to a
recipient’s safety plan, safety risks, and mitigation
measures.
(b) Coordination.—In conducting the study under subsection (a),
the Transportation Research Board shall coordinate with the
legal research entities of the National Academies of Sciences,
Engineering, and Medicine, including the Committee on Law and
Justice and the Committee on Science, Technology, and Law, and
include members of those committees on the research committee
established for the purposes of this section
(c) Input.—In conducting the study under subsection (a), the
relevant entities of the National Academies of Sciences,
Engineering, and Medicine shall solicit input from the public
transportation recipients, public transportation nonprofit
employee labor organizations, and impacted members of the
general public.
(d) Report.—Not later than 18 months after the date of
enactment of this Act, the National Academies of Sciences,
Engineering, and Medicine shall issue a report, with the
findings of the study under subsection (a), including any
recommendations on statutory changes regarding evidentiary
protections that will increase public transportation
safety.
######
TITLE V—MOTOR CARRIER SAFETY
######
Subtitle B—Federal Motor Carrier Safety Administration
Reform
######
SEC. 5221. CORRELATION STUDY.
(a) In General.—The Administrator of the Federal Motor Carrier Safety
Administration (referred to in this part as the “Administrator”)
shall commission the National Research Council of the National
Academies to conduct a study of—
(1) the Compliance,
Safety, Accountability program of the Federal Motor Carrier
Safety Administration (referred to in this part as the “CSA
program”); and
(2) the Safety Measurement System
utilized by the CSA program (referred to in this part as the
“SMS”).
(b) Scope of Study.—In carrying out the study commissioned
pursuant to subsection (a), the National Research Council—
(1)
shall analyze—
(A) the accuracy with which the
Behavior Analysis and Safety Improvement Categories (referred to
in this part as “BASIC”)—
(i) identify high risk
carriers; and
(ii) predict or are correlated with
future crash risk, crash severity, or other safety indicators
for motor carriers, including the highest risk carriers;
(B)
the methodology used to calculate BASIC percentiles and identify
carriers for enforcement, including the weights assigned to
particular violations and the tie between crash risk and
specific regulatory violations, with respect to accurately
identifying and predicting future crash risk for motor
carriers;
(C) the relative value of inspection
information and roadside enforcement data;
(D) any
data collection gaps or data sufficiency problems that may exist
and the impact of those gaps and problems on the efficacy of the
CSA program;
(E) the accuracy of safety data,
including the use of crash data from crashes in which a motor
carrier was free from fault;
(F) whether BASIC
percentiles for motor carriers of passengers should be
calculated separately from motor carriers of freight;
(G)
the differences in the rates at which safety violations are
reported to the Federal Motor Carrier Safety Administration for
inclusion in the SMS by various enforcement authorities,
including States, territories, and Federal inspectors; and
(H)
how members of the public use the SMS and what effect making the
SMS information public has had on reducing crashes and
eliminating unsafe motor carriers from the industry; and
(2)
shall consider—
(A) whether the SMS provides
comparable precision and confidence, through SMS alerts and
percentiles, for the relative crash risk of individual large and
small motor carriers;
(B) whether alternatives to the
SMS would identify high risk carriers more accurately; and
(C)
the recommendations and findings of the Comptroller General of
the United States and the Inspector General of the Department,
and independent review team reports, issued before the date of
enactment of this Act.
(c) Report.—Not later than 18 months after the date of
enactment of this Act, the Administrator shall—
(1)
submit a report containing the results of the study commissioned
pursuant to subsection (a) to—
(A) the Committee on
Commerce, Science, and Transportation of the Senate;
(B)
the Committee on Transportation and Infrastructure of the House
of Representatives; and
(C) the Inspector General of
the Department; and
(2) publish the report on a
publicly accessible Internet Web site of the Department.
(d) Corrective Action Plan.—
(1) IN GENERAL.—Not later
than 120 days after the Administrator submits the report under
subsection (c), if that report identifies a deficiency or
opportunity for improvement in the CSA program or in any element of
the SMS, the Administrator shall submit to the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives a corrective action plan that—
(A)
responds to the deficiencies or opportunities identified by the
report;
(B) identifies how the Federal Motor Carrier
Safety Administration will address such deficiencies or
opportunities; and
(C) provides an estimate of the cost,
including with respect to changes in staffing, enforcement, and data
collection, necessary to address such deficiencies or
opportunities.
(2) PROGRAM REFORMS.—The corrective action
plan submitted under paragraph (1) shall include an implementation
plan that—
(A) includes benchmarks;
(B)
includes programmatic reforms, revisions to regulations, or
proposals for legislation; and
(C) shall be considered in
any rulemaking by the Department that relates to the CSA program,
including the SMS or data analysis under the SMS.
(e) Inspector General Review.—Not later than 120 days after the
Administrator submits a corrective action plan under subsection (d),
the Inspector General of the Department shall—
(1) review
the extent to which such plan addresses—
(A)
recommendations contained in the report submitted under subsection
(c); and
(B) relevant recommendations issued by the
Comptroller General or the Inspector General before the date of
enactment of this Act; and
(2) submit to the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives a report on the responsiveness of the corrective
action plan to the recommendations described in paragraph (1).
######
TITLE VI—INNOVATION
######
SEC. 6011. DEPARTMENTAL RESEARCH PROGRAMS.
(a) Assistant Secretary for Research and Technology.—Section
102(e)(1) of title 49, United States Code, is amended—
(1)
in the matter preceding subparagraph (A) by striking “5” and
inserting “6”; and
(2) in subparagraph (A) by inserting
“an Assistant Secretary for Research and Technology,” after
“Governmental Affairs,”.
(b) Research Activities.—Section 330 of title 49, United States
Code, is amended—
(1) in the section heading by striking
“contracts” and inserting “activities”;
(2) in subsection
(a) by striking “The Secretary of” and inserting “ In General.—The
Secretary of”;
(3) in subsection (b) by striking “In
carrying” and inserting “ Responsibilities.—In carrying”;
(4)
in subsection (c) by striking “The Secretary” and inserting “
Publications.—The Secretary”; and
(5) by adding at the
end the following:
“(d) Duties.—The Secretary shall provide for the following:
“(1)
Coordination, facilitation, and review of Department of
Transportation research and development programs and activities.
“(2)
Advancement, and research and development, of innovative
technologies, including intelligent transportation systems.
“(3)
Comprehensive transportation statistics research, analysis, and
reporting.
“(4) Education and training in transportation
and transportation-related fields.
“(5) Activities of the
Volpe National Transportation Systems Center.
“(6)
Coordination in support of multimodal and multidisciplinary research
activities.
“(e) Additional Authorities.—The Secretary may—
“(1)
enter into grants and cooperative agreements with Federal agencies,
State and local government agencies, other public entities, private
organizations, and other persons to conduct research into
transportation service and infrastructure assurance and to carry out
other research activities of the Department of Transportation;
“(2)
carry out, on a cost-shared basis, collaborative research and
development to encourage innovative solutions to multimodal
transportation problems and stimulate the deployment of new
technology with—
“(A) non-Federal entities, including
State and local governments, foreign governments, institutions of
higher education, corporations, institutions, partnerships, sole
proprietorships, and trade associations that are incorporated or
established under the laws of any State;
“(B) Federal
laboratories; and
“(C) other Federal agencies; and
“(3) directly initiate contracts, grants, cooperative research
and development agreements (as defined in section 12(d) of the
Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C.
3710a(d))), and other agreements to fund, and accept funds from,
the Transportation Research Board of the National Academies,
State departments of transportation, cities, counties,
institutions of higher education, associations, and the agents
of those entities to carry out joint transportation research and
technology efforts.
“(f) Federal Share.—
“(1) IN GENERAL.—Subject to
paragraph (2), the Federal share of the cost of an activity carried
out under subsection (e)(3) shall not exceed 50 percent.
“(2)
EXCEPTION.—If the Secretary determines that the activity is of
substantial public interest or benefit, the Secretary may approve a
greater Federal share.
“(3) NON-FEDERAL SHARE.—All costs
directly incurred by the non-Federal partners, including personnel,
travel, facility, and hardware development costs, shall be credited
toward the non-Federal share of the cost of an activity described in
subsection (e)(3).
“(g) Program Evaluation and Oversight.—For each of fiscal years 2016
through 2020, the Secretary is authorized to expend not more than 1
1/2 percent of the amounts authorized to be appropriated for the
coordination, evaluation, and oversight of the programs administered
by the Office of the Assistant Secretary for Research and
Technology.
“(h) Use of Technology.—The research, development, or use of a
technology under a contract, grant, cooperative research and
development agreement, or other agreement entered into under this
section, including the terms under which the technology may be
licensed and the resulting royalties may be distributed, shall be
subject to the Stevenson-Wydler Technology Innovation Act of 1980
(15 U.S.C. 3701 et seq.).
“(i) Waiver of Advertising Requirements.—Section 6101 of title 41
shall not apply to a contract, grant, or other agreement entered
into under this section.”.
(c) Clerical Amendment.—The item relating to section 330 in the
analysis of chapter 3 of title 49, United States Code, is amended to
read as follows:
“330. Research activities.”.
(d) Technical and Conforming Amendments.—
(1) TITLE 5
AMENDMENTS.—
(A) POSITIONS AT LEVEL II.—Section 5313 of
title 5, United States Code, is amended by striking “The Under
Secretary of Transportation for Security.”.
(B) POSITIONS
AT LEVEL IV.—Section 5315 of title 5, United States Code, is amended
in the undesignated item relating to Assistant Secretaries of
Transportation by striking “(4)” and inserting “(5)”.
(C)
POSITIONS AT LEVEL V.—Section 5316 of title 5, United States Code,
is amended by striking “Associate Deputy Secretary, Department of
Transportation.”.
(2) BUREAU OF TRANSPORTATION
STATISTICS.—Section 6302 of title 49, United States Code, is amended
by striking subsection (a) and inserting the following:
“(a) In General.—There shall be within the Department of
Transportation the Bureau of Transportation Statistics.”.
######
SEC. 6014. HAZARDOUS MATERIALS RESEARCH AND
DEVELOPMENT.
Section 5118 of title 49, United States Code, is amended—
(1)
in subsection (a)(2)—
(A) in subparagraph (A) by striking
“and” at the end;
(B) in subparagraph (B) by striking the
period at the end and inserting “; and”; and
(C) by
adding at the end the following:
“(C) coordinate, as
appropriate, with other Federal agencies.”; and
(2) by
adding at the end the following:
“(c) Cooperative Research.—
“(1) IN GENERAL.—As part of
the program established under subsection (a), the Secretary may
carry out cooperative research on hazardous materials transport.
“(2) NATIONAL ACADEMIES.—The Secretary may enter into an
agreement with the National Academies to support research
described in paragraph (1).
“(3) RESEARCH.—Research conducted under this subsection
may include activities relating to—
“(A) emergency
planning and response, including information and programs that can
be readily assessed and implemented in local jurisdictions;
“(B)
risk analysis and perception and data assessment;
“(C)
commodity flow data, including voluntary collaboration between
shippers and first responders for secure data exchange of critical
information;
“(D) integration of safety and security;
“(E)
cargo packaging and handling;
“(F) hazmat release
consequences; and
“(G) materials and equipment testing.”.
######
SEC. 6016. UNIVERSITY TRANSPORTATION CENTERS.
Section 5505 of title 49, United States Code, is amended to read as
follows:
Ҥ 5505. University transportation centers program
“(a) University Transportation Centers Program.—
“(1)
ESTABLISHMENT AND OPERATION.—The Secretary shall make grants under
this section to eligible nonprofit institutions of higher education
to establish and operate university transportation centers.
“(2)
ROLE OF CENTERS.—The role of each university transportation center
referred to in paragraph (1) shall be—
“(A) to advance
transportation expertise and technology in the varied disciplines
that comprise the field of transportation through education,
research, and technology transfer activities;
“(B) to
provide for a critical transportation knowledge base outside of the
Department of Transportation; and
“(C) to address
critical workforce needs and educate the next generation of
transportation leaders.
“(b) Competitive Selection Process.—
“(1)
APPLICATIONS.—To receive a grant under this section, a consortium of
nonprofit institutions of higher education shall submit to the
Secretary an application that is in such form and contains such
information as the Secretary may require.
“(2)
RESTRICTION.—
“(A) LIMITATION.—A lead institution of a
consortium of nonprofit institutions of higher education, as
applicable, may only receive 1 grant per fiscal year for each of the
transportation centers described under paragraphs (2), (3), and (4)
of subsection (c).
“(B) EXCEPTION FOR CONSORTIUM MEMBERS
THAT ARE NOT LEAD INSTITUTIONS.—Subparagraph (A) shall not apply to
a nonprofit institution of higher education that is a member of a
consortium of nonprofit institutions of higher education but not the
lead institution of such consortium.
“(3)
COORDINATION.—The Secretary shall solicit grant applications for
national transportation centers, regional transportation centers,
and Tier 1 university transportation centers with identical
advertisement schedules and deadlines.
“(4) GENERAL
SELECTION CRITERIA.—
“(A) IN GENERAL.—Except as otherwise
provided by this section, the Secretary shall award grants under
this section in nonexclusive candidate topic areas established by
the Secretary that address the research priorities identified in
chapter 65.
“(B) CRITERIA.—The Secretary, in consultation
with the Assistant Secretary for Research and Technology and the
Administrator of the Federal Highway Administration and other modal
administrations as appropriate, shall select each recipient of a
grant under this section through a competitive process based on the
assessment of the Secretary relating to—
“(i) the
demonstrated ability of the recipient to address each specific topic
area described in the research and strategic plans of the
recipient;
“(ii) the demonstrated research, technology
transfer, and education resources available to the recipient to
carry out this section;
“(iii) the ability of the
recipient to provide leadership in solving immediate and long-range
national and regional transportation problems;
“(iv) the
ability of the recipient to carry out research, education, and
technology transfer activities that are multimodal and
multidisciplinary in scope;
“(v) the demonstrated
commitment of the recipient to carry out transportation workforce
development programs through—
“(I) degree-granting
programs or programs that provide other industry-recognized
credentials; and
“(II) outreach activities to attract new
entrants into the transportation field, including women and
underrepresented populations;
“(vi) the demonstrated
ability of the recipient to disseminate results and spur the
implementation of transportation research and education programs
through national or statewide continuing education programs;
“(vii)
the demonstrated commitment of the recipient to the use of peer
review principles and other research best practices in the
selection, management, and dissemination of research projects;
“(viii)
the strategic plan submitted by the recipient describing the
proposed research to be carried out by the recipient and the
performance metrics to be used in assessing the performance of the
recipient in meeting the stated research, technology transfer,
education, and outreach goals; and
“(ix) the ability of
the recipient to implement the proposed program in a cost-efficient
manner, such as through cost sharing and overall reduced overhead,
facilities, and administrative costs.
“(5)
TRANSPARENCY.—
“(A) IN GENERAL.—The Secretary shall
provide to each applicant, upon request, any materials, including
copies of reviews (with any information that would identify a
reviewer redacted), used in the evaluation process of the proposal
of the applicant.
“(B) REPORTS.—The Secretary shall
submit to the Committees on Transportation and Infrastructure and
Science, Space, and Technology of the House of Representatives and
the Committee on Environment and Public Works of the Senate a report
describing the overall review process under paragraph (4) that
includes—
“(i) specific criteria of evaluation used in
the review;
“(ii) descriptions of the review process;
and
“(iii) explanations of the selected awards.
“(6) OUTSIDE STAKEHOLDERS.—The Secretary shall, to the maximum
extent practicable, consult external stakeholders, including the
Transportation Research Board of the National Research Council
of the National Academies, to evaluate and competitively review
all proposals.
“(c) Grants.—
“(1) IN GENERAL.—Not later than 1 year
after the date of enactment of this section, the Secretary shall
select grant recipients under subsection (b) and make grant amounts
available to the selected recipients.
“(2) NATIONAL
TRANSPORTATION CENTERS.—
“(A) IN GENERAL.—Subject to
subparagraph (B), the Secretary shall provide grants to 5 consortia
that the Secretary determines best meet the criteria described in
subsection (b)(4).
“(B) RESTRICTIONS.—
“(i) IN
GENERAL.—For each fiscal year, a grant made available under this
paragraph shall be not greater than $4,000,000 and not less than
$2,000,000 per recipient.
“(ii) FOCUSED RESEARCH.—A
consortium receiving a grant under this paragraph shall focus
research on 1 of the transportation issue areas specified in section
6503(c).
“(C) MATCHING REQUIREMENT.—
“(i) IN
GENERAL.—As a condition of receiving a grant under this paragraph, a
grant recipient shall match 100 percent of the amounts made
available under the grant.
“(ii) SOURCES.—The matching
amounts referred to in clause (i) may include amounts made available
to the recipient under—
“(I) section 504(b) of title 23;
or
“(II) section 505 of title 23.
“(3)
REGIONAL UNIVERSITY TRANSPORTATION CENTERS.—
“(A)
LOCATION OF REGIONAL CENTERS.—One regional university transportation
center shall be located in each of the 10 Federal regions that
comprise the Standard Federal Regions established by the Office of
Management and Budget in the document entitled ‘Standard Federal
Regions’ and dated April 1974 (circular A-105).
“(B)
SELECTION CRITERIA.—In conducting a competition under subsection
(b), the Secretary shall provide grants to 10 consortia on the basis
of—
“(i) the criteria described in subsection (b)(4);
“(ii)
the location of the lead center within the Federal region to be
served; and
“(iii) whether the consortium of institutions
demonstrates that the consortium has a well-established, nationally
recognized program in transportation research and education, as
evidenced by—
“(I) recent expenditures by the institution
in highway or public transportation research;
“(II) a
historical track record of awarding graduate degrees in professional
fields closely related to highways and public transportation; and
“(III)
an experienced faculty who specialize in professional fields closely
related to highways and public transportation.
“(C)
RESTRICTIONS.—For each fiscal year, a grant made available under
this paragraph shall be not greater than $3,000,000 and not less
than $1,500,000 per recipient.
“(D) MATCHING
REQUIREMENTS.—
“(i) IN GENERAL.—As a condition of
receiving a grant under this paragraph, a grant recipient shall
match 100 percent of the amounts made available under the grant.
“(ii)
SOURCES.—The matching amounts referred to in clause (i) may include
amounts made available to the recipient under—
“(I)
section 504(b) of title 23; or
“(II) section 505 of title
23.
“(E) FOCUSED RESEARCH.—The Secretary shall make a
grant to 1 of the 10 regional university transportation centers
established under this paragraph for the purpose of furthering the
objectives described in subsection (a)(2) in the field of
comprehensive transportation safety, congestion, connected vehicles,
connected infrastructure, and autonomous vehicles.
“(4)
TIER 1 UNIVERSITY TRANSPORTATION CENTERS.—
“(A) IN
GENERAL.—The Secretary shall provide grants of not greater than
$2,000,000 and not less than $1,000,000 to not more than 20
recipients to carry out this paragraph.
“(B) MATCHING
REQUIREMENT.—
“(i) IN GENERAL.—As a condition of
receiving a grant under this paragraph, a grant recipient shall
match 50 percent of the amounts made available under the grant.
“(ii)
SOURCES.—The matching amounts referred to in clause (i) may include
amounts made available to the recipient under—
“(I)
section 504(b) of title 23; or
“(II) section 505 of title
23.
“(C) FOCUSED RESEARCH.—In awarding grants under this
section, consideration shall be given to minority institutions, as
defined by section 365 of the Higher Education Act of 1965 (20
U.S.C. 1067k), or consortia that include such institutions that have
demonstrated an ability in transportation-related research.
“(d) Program Coordination.—
“(1) IN GENERAL.—The
Secretary shall—
“(A) coordinate the research, education,
and technology transfer activities carried out by grant recipients
under this section; and
“(B) disseminate the results of
that research through the establishment and operation of a publicly
accessible online information clearinghouse.
“(2) ANNUAL
REVIEW AND EVALUATION.—Not less frequently than annually, and
consistent with the plan developed under section 6503, the Secretary
shall—
“(A) review and evaluate the programs carried out
under this section by grant recipients; and
“(B) submit
to the Committees on Transportation and Infrastructure and Science,
Space, and Technology of the House of Representatives and the
Committees on Environment and Public Works and Commerce, Science,
and Transportation of the Senate a report describing that review and
evaluation.
“(3) PROGRAM EVALUATION AND OVERSIGHT.—For
each of fiscal years 2016 through 2020, the Secretary shall expend
not more than 1 and a half percent of the amounts made available to
the Secretary to carry out this section for any coordination,
evaluation, and oversight activities of the Secretary under this
section.
“(e) Limitation on Availability of Amounts.—Amounts made available
to the Secretary to carry out this section shall remain available
for obligation by the Secretary for a period of 3 years after the
last day of the fiscal year for which the amounts are authorized.
“(f) Information Collection.—Any survey, questionnaire, or interview
that the Secretary determines to be necessary to carry out reporting
requirements relating to any program assessment or evaluation
activity under this section, including customer satisfaction
assessments, shall not be subject to chapter 35 of title 44.”.
######
SEC. 6018. PORT PERFORMANCE FREIGHT STATISTICS PROGRAM.
(a) In General.—Chapter 63 of title 49, United States Code, is
amended by adding at the end the following:
Ҥ 6314. Port performance freight statistics program
“(a) In General.—The Director shall establish, on behalf of the
Secretary, a port performance statistics program to provide
nationally consistent measures of performance of, at a minimum—
“(1)
the Nation’s top 25 ports by tonnage;
“(2) the Nation’s
top 25 ports by 20-foot equivalent unit; and
“(3) the
Nation’s top 25 ports by dry bulk.
“(b) Reports.—
“(1) PORT CAPACITY AND THROUGHPUT.—Not
later than January 15 of each year, the Director shall submit an
annual report to Congress that includes statistics on capacity and
throughput at the ports described in subsection (a).
“(2)
PORT PERFORMANCE MEASURES.—The Director shall collect port
performance measures for each of the United States ports referred to
in subsection (a) that—
“(A) receives Federal assistance;
or
“(B) is subject to Federal regulation to submit
necessary information to the Bureau that includes statistics on
capacity and throughput as applicable to the specific configuration
of the port.
“(c) Recommendations.—
“(1) IN GENERAL.—The Director
shall obtain recommendations for—
“(A) port performance
measures, including specifications and data measurements to be used
in the program established under subsection (a); and
“(B)
a process for the Department to collect timely and consistent data,
including identifying safeguards to protect proprietary information
described in subsection (b)(2).
“(2) WORKING GROUP.—Not
later than 60 days after the date of the enactment of the
Transportation for Tomorrow Act of 2015, the Director shall
commission a working group composed of—
“(A) operating
administrations of the Department;
“(B) the Coast
Guard;
“(C) the Federal Maritime Commission;
“(D)
U.S. Customs and Border Protection;
“(E) the Marine
Transportation System National Advisory Council;
“(F) the
Army Corps of Engineers;
“(G) the Saint Lawrence Seaway
Development Corporation;
“(H) the Bureau of Labor
Statistics;
“(I) the Maritime Advisory Committee for
Occupational Safety and Health;
“(J) the Advisory
Committee on Supply Chain Competitiveness;
“(K) 1
representative from the rail industry;
“(L) 1
representative from the trucking industry;
“(M) 1
representative from the maritime shipping industry;
“(N)
1 representative from a labor organization for each industry
described in subparagraphs (K) through (M);
“(O) 1
representative from the International Longshoremen’s Association;
“(P)
1 representative from the International Longshore and Warehouse
Union;
“(Q) 1 representative from a port authority;
“(R)
1 representative from a terminal operator;
“(S)
representatives of the National Freight Advisory Committee of the
Department; and
“(T) representatives of the Transportation Research Board of
the National Academies of Sciences, Engineering, and
Medicine.
“(3) RECOMMENDATIONS.—Not later than 1 year after the
date of the enactment of the Transportation for Tomorrow Act of
2015, the working group commissioned under paragraph (2) shall
submit its recommendations to the Director.
“(d) Access to Data.—The Director shall ensure that—
“(1)
the statistics compiled under this section—
“(A) are
readily accessible to the public; and
“(B) are consistent
with applicable security constraints and confidentiality interests;
and
“(2) the data acquired, regardless of source, shall
be protected in accordance with the Confidential Information
Protection and Statistical Efficiency Act of 2002 (44 U.S.C. 3501
note; Public Law 107-347).”.
(b) Prohibition on Certain Disclosures; Copies of Reports.—Section
6307(b) of such title is amended, by inserting “or section 6314(b)”
after “section 6302(b)(3)(B)” each place it appears.
(c) Clerical Amendment.—The table of sections for chapter 63 of such
title is amended by adding at the end the following:
“6314. Port performance freight statistics program.”.
######
SEC. 6021. FUTURE INTERSTATE STUDY.
(a) Future Interstate System Study.—Not later than 180 days
after the date of enactment of this Act, the Secretary shall
enter into an agreement with the Transportation Research Board
of the National Academies to conduct a study on the actions
needed to upgrade and restore the Dwight D. Eisenhower National
System of Interstate and Defense Highways to its role as a
premier system that meets the growing and shifting demands of
the 21st century.
(b) Methodologies.—In conducting the study, the Transportation
Research Board shall build on the methodologies examined and
recommended in the report prepared for the American Association
of State Highway and Transportation Officials titled “National
Cooperative Highway Research Program Project 20-24(79):
Specifications for a National Study of the Future 3R, 4R, and
Capacity Needs of the Interstate System”, dated December
2013.
(c) Contents of Study.—The study—
(1) shall include
specific recommendations regarding the features, standards,
capacity needs, application of technologies, and
intergovernmental roles to upgrade the Interstate System,
including any revisions to law (including regulations) that the
Transportation Research Board determines appropriate; and
(2)
is encouraged to build on the institutional knowledge in the
highway industry in applying the techniques involved in
implementing the study.
(d) Considerations.—In carrying out the study, the
Transportation Research Board shall determine the need for
reconstruction and improvement of the Interstate System by
considering—
(1) future demands on transportation
infrastructure determined for national planning purposes,
including commercial and private traffic flows to serve future
economic activity and growth;
(2) the expected
condition of the current Interstate System over the period of 50
years beginning on the date of enactment of this Act, including
long-term deterioration and reconstruction needs;
(3)
features that would take advantage of technological capabilities
to address modern standards of construction, maintenance, and
operations, for purposes of safety, and system management,
taking into further consideration system performance and
cost;
(4) those National Highway System routes that
should be added to the existing Interstate System to more
efficiently serve national traffic flows; and
(5) the
resources necessary to maintain and improve the Interstate
System, including the resources required to upgrade the National
Highway System routes identified in paragraph (4) to Interstate
standards.
(e) Consultation.—In carrying out the study, the Transportation
Research Board—
(1) shall convene and consult with a
panel of national experts, including operators and users of the
Interstate System and private sector stakeholders; and
(2)
is encouraged to consult with—
(A) the Federal
Highway Administration;
(B) States;
(C)
planning agencies at the metropolitan, State, and regional
levels;
(D) the motor carrier industry;
(E)
freight shippers;
(F) highway safety groups; and
(G)
other appropriate entities.
(f) Report.—Not later than 3 years after the date of enactment
of this Act, the Transportation Research Board shall submit to
the Secretary, the Committee on Environment and Public Works of
the Senate, and the Committee on Transportation and
Infrastructure of the House of Representatives a report on the
results of the study conducted under this section.
(g) Funding.—From amounts authorized to carry out the Highway
Research and Development Program, the Secretary shall use to
carry out this section not more than $5,000,000 for fiscal year
2016.
######
TITLE VII—HAZARDOUS MATERIALS TRANSPORTATION
######
Subtitle C—Safe Transportation of Flammable Liquids by
Rail
######
SEC. 7311. STUDY AND TESTING OF ELECTRONICALLY CONTROLLED
PNEUMATIC BRAKES.
(a) Government Accountability Office Study.—
(1) IN
GENERAL.—The Comptroller General of the United States shall conduct
an independent evaluation of ECP brake systems, pilot program data,
and the Department’s research and analysis on the costs, benefits,
and effects of ECP brake systems.
(2) STUDY ELEMENTS.—In
completing the independent evaluation under paragraph (1), the
Comptroller General shall examine the following issues related to
ECP brake systems:
(A) Data and modeling results on
safety benefits relative to conventional brakes and to other braking
technologies or systems, such as distributed power and 2-way
end-of-train devices.
(B) Data and modeling results on
business benefits, including the effects of dynamic braking.
(C)
Data on costs, including up-front capital costs and on-going
maintenance costs.
(D) Analysis of potential operational
benefits and challenges, including the effects of potential
locomotive and car segregation, technical reliability issues, and
network disruptions.
(E) Analysis of potential
implementation challenges, including installation time, positive
train control integration complexities, component availability
issues, and tank car shop capabilities.
(F) Analysis of
international experiences with the use of advanced braking
technologies.
(3) REPORT.—Not later than 18 months after
the date of enactment of this Act, the Comptroller General shall
transmit to the Committee on Transportation and Infrastructure of
the House of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate a report on the results of the
independent evaluation under paragraph (1).
(b) Emergency Braking Application Testing.—
(1) IN GENERAL.—The Secretary shall enter into an agreement
with the National Academy of Sciences to—
(A)
complete testing of ECP brake systems during emergency braking
application, including more than 1 scenario involving the
uncoupling of a train with 70 or more DOT-117 specification or
DOT-117R specification tank cars; and
(B) transmit,
not later than 18 months after the date of enactment of this
Act, to the Committee on Transportation and Infrastructure of
the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate a report on the
results of the testing.
(2) INDEPENDENT EXPERTS.—In
completing the testing under paragraph (1)(A), the National
Academy of Sciences may contract with 1 or more engineering or
rail experts, as appropriate, that—
(A) are not
railroad carriers, entities funded by such carriers, or entities
directly impacted by the final rule issued on May 8, 2015,
entitled “Enhanced Tank Car Standards and Operational Controls
for High-Hazard Flammable Trains” (80 Fed. Reg. 26643); and
(B)
have relevant experience in conducting railroad safety
technology tests or similar crash tests.
(3) TESTING
FRAMEWORK.—In completing the testing under paragraph (1), the
National Academy of Sciences and each contractor described in
paragraph (2) shall ensure that the testing objectively,
accurately, and reliably measures the performance of ECP brake
systems relative to other braking technologies or systems, such
as distributed power and 2-way end-of-train devices, including
differences in—
(A) the number of cars derailed;
(B)
the number of cars punctured;
(C) the measures of in-train forces; and
(D) the
stopping distance.
(4) FUNDING.—The Secretary shall
provide funding, as part of the agreement under paragraph (1),
to the National Academy of Sciences for the testing required
under this section—
(A) using sums made available to
carry out sections 20108 and 5118 of title 49, United States
Code; and
(B) to the extent funding under
subparagraph (A) is insufficient or unavailable to fund the
testing required under this section, using such sums as are
necessary from the amounts appropriated to the Secretary, the
Federal Railroad Administration, or the Pipeline and Hazardous
Materials Safety Administration, or a combination thereof.
(5)
EQUIPMENT.—
(A) RECEIPT.—The National Academy of
Sciences and each contractor described in paragraph (2) may
receive or use rolling stock, track, and other equipment or
infrastructure from a railroad carrier or other private entity
for the purposes of conducting the testing required under this
section.
(B) CONTRACTED USE.—Notwithstanding
paragraph (2)(A), to facilitate testing, the National Academy of
Sciences and each contractor may contract with a railroad
carrier or any other private entity for the use of such carrier
or entity’s rolling stock, track, or other equipment and receive
technical assistance on their use.
(c) Evidence-Based Approach.—
(1) ANALYSIS.—The Secretary
shall—
(A) not later than 90 days after the report date,
fully incorporate the results of the evaluation under subsection (a)
and the testing under subsection (b) and update the regulatory
impact analysis of the final rule described in subsection (b)(2)(A)
of the costs, benefits, and effects of the applicable ECP brake
system requirements;
(B) as soon as practicable after
completion of the updated analysis under subparagraph (A), solicit
public comment in the Federal Register on the analysis for a period
of not more than 30 days; and
(C) not later than 60 days
after the end of the public comment period under subparagraph (B),
post the final updated regulatory impact analysis on the Department
of Transportation’s Internet Web site.
(2)
DETERMINATION.—Not later than 2 years after the date of enactment of
this Act, the Secretary shall—
(A) determine, based on
whether the final regulatory impact analysis described in paragraph
(1)(C) demonstrates that the benefits, including safety benefits, of
the applicable ECP brake system requirements exceed the costs of
such requirements, whether the applicable ECP brake system
requirements are justified;
(B) if the applicable ECP
brake system requirements are justified, publish in the Federal
Register the determination and reasons for such determination;
and
(C) if the Secretary does not publish the
determination under subparagraph (B), repeal the applicable ECP
brake system requirements.
(3) SAVINGS CLAUSE.—Nothing in
this section shall be construed to prohibit the Secretary from
implementing the final rule described under subsection (b)(2)(A)
prior to the determination required under subsection (c)(2) of this
section, or require the Secretary to promulgate a new rule on the
provisions of such final rule, other than on the applicable ECP
brake system requirements, if the Secretary does not determine that
the applicable ECP brake system requirements are justified pursuant
to this subsection.
(d) Definitions.—In this section, the following definitions
apply:
(1) APPLICABLE ECP BRAKE SYSTEM REQUIREMENTS.—The
term “applicable ECP brake system requirements” means sections
174.310(a)(3)(ii), 174.310(a)(3)(iii), 174.310(a)(5)(v), 179.202-10,
179.202-12(g), and 179.202-13(i) of title 49, Code of Federal
Regulations, and any other regulation in effect on the date of
enactment of this Act requiring the installation of ECP brakes or
operation in ECP brake mode.
(2) CLASS 3 FLAMMABLE
LIQUID.—The term “Class 3 flammable liquid” has the meaning given
the term flammable liquid in section 173.120(a) of title 49, Code of
Federal Regulations.
(3) ECP.—The term “ECP” means
electronically controlled pneumatic when applied to a brake or
brakes.
(4) ECP BRAKE MODE.—The term “ECP brake mode”
includes any operation of a rail car or an entire train using an ECP
brake system.
(5) ECP BRAKE SYSTEM.—
(A) 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
car.
(B) INCLUSIONS.—The term “ECP brake system” includes
dual mode and stand-alone ECP brake systems.
(6) RAILROAD
CARRIER.—The term “railroad carrier” has the meaning given the term
in section 20102 of title 49, United States Code.
(7)
REPORT DATE.—The term “report date” means the date that the reports
under subsections (a)(3) and (b)(1)(B) are required to be
transmitted pursuant to those subsections.
######
TITLE XI—RAIL
######
Subtitle C—Intercity Passenger Rail Policy
######
SEC. 11301. CONSOLIDATED RAIL INFRASTRUCTURE AND SAFETY
IMPROVEMENTS.
(a) In General.—Chapter 244 of title 49, United States Code, is
amended by adding at the end the following:
Ҥ 24407. Consolidated rail infrastructure and safety
improvements
“(a) 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 safety, efficiency, or reliability.
“(b) Eligible Recipients.—The following entities are eligible to
receive a grant under this section:
“(1) A State.
“(2)
A group of States.
“(3) An Interstate Compact.
“(4)
A public agency or publicly chartered authority established by 1 or
more States.
“(5) A political subdivision of a State.
“(6)
Amtrak or another rail carrier that provides intercity rail
passenger transportation (as defined in section 24102).
“(7)
A Class II railroad or Class III railroad (as those terms are
defined in section 20102).
“(8) Any rail carrier or rail
equipment manufacturer in partnership with at least 1 of the
entities described in paragraphs (1) through (5).
“(9) The Transportation Research Board and any entity with
which it contracts in the development of rail-related research,
including cooperative research programs.
“(10) A University transportation center engaged in
rail-related research.
“(11) A non-profit labor
organization representing a class or craft of employees of rail
carriers or rail carrier contractors.
“(c) Eligible Projects.—The following projects are eligible to
receive grants under this section:
“(1) Deployment of
railroad safety technology, including positive train control and
rail integrity inspection systems.
“(2) A capital project
as defined in section 24401(2), except that a project shall not be
required to be in a State rail plan developed under chapter 227.
“(3)
A capital project identified by the Secretary as being necessary to
address congestion challenges affecting rail service.
“(4)
A capital project identified by the Secretary as being necessary to
reduce congestion and facilitate ridership growth in intercity
passenger rail transportation along heavily traveled rail
corridors.
“(5) A highway-rail grade crossing improvement
project, including installation, repair, or improvement of grade
separations, railroad crossing signals, gates, and related
technologies, highway traffic signalization, highway lighting and
crossing approach signage, roadway improvements such as medians or
other barriers, railroad crossing panels and surfaces, and safety
engineering improvements to reduce risk in quiet zones or potential
quiet zones.
“(6) A rail line relocation and improvement
project.
“(7) A capital project to improve short-line or
regional railroad infrastructure.
“(8) The preparation of
regional rail and corridor service development plans and
corresponding environmental analyses.
“(9) Any project
that the Secretary considers necessary to enhance multimodal
connections or facilitate service integration between rail service
and other modes, including between intercity rail passenger
transportation and intercity bus service or commercial air
service.
“(10) The development and implementation of a
safety program or institute designed to improve rail safety.
“(11)
Any research that the Secretary considers necessary to advance any
particular aspect of rail-related capital, operations, or safety
improvements.
“(12) Workforce development and training
activities, coordinated to the extent practicable with the existing
local training programs supported by the Department of
Transportation, the Department of Labor, and the Department of
Education.
“(d) Application Process.—The Secretary shall prescribe the form and
manner of filing an application under this section.
“(e) Project Selection Criteria.—
“(1) IN GENERAL.—In
selecting a recipient of a grant for an eligible project, the
Secretary shall—
“(A) give preference to a proposed
project for which the proposed Federal share of total project costs
does not exceed 50 percent; and
“(B) after factoring in
preference to projects under subparagraph (A), select projects that
will maximize the net benefits of the funds appropriated for use
under this section, considering the cost-benefit analysis of the
proposed project, including anticipated private and public benefits
relative to the costs of the proposed project and factoring in the
other considerations described in paragraph (2).
“(2)
OTHER CONSIDERATIONS.—The Secretary shall also consider the
following:
“(A) The degree to which the proposed
project’s business plan considers potential private sector
participation in the financing, construction, or operation of the
project.
“(B) The recipient’s past performance in
developing and delivering similar projects, and previous financial
contributions.
“(C) Whether the recipient has or will
have the legal, financial, and technical capacity to carry out the
proposed project, satisfactory continuing control over the use of
the equipment or facilities, and the capability and willingness to
maintain the equipment or facilities.
“(D) If applicable,
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 227.
“(E) If
applicable, any technical evaluation ratings the proposed project
received under previous competitive grant programs administered by
the Secretary.
“(F) Such other factors as the Secretary
considers relevant to the successful delivery of the project.
“(3)
BENEFITS.—The benefits described in paragraph (1)(B) may include the
effects on system and service performance, including measures such
as improved safety, competitiveness, reliability, trip or transit
time, resilience, efficiencies from improved integration with other
modes, the ability to meet existing or anticipated demand, and any
other benefits.
“(f) Performance Measures.—The Secretary shall establish performance
measures for each grant recipient to assess progress in achieving
strategic goals and objectives. The Secretary may require a grant
recipient to periodically report information related to such
performance measures.
“(g) Rural Areas.—
“(1) IN GENERAL.—Of the amounts
appropriated under this section, at least 25 percent shall be
available for projects in rural areas. The Secretary shall consider
a project to be in a rural area if all or the majority of the
project (determined by the geographic location or locations where
the majority of the project funds will be spent) is located in a
rural area.
“(2) DEFINITION OF RURAL AREA.—In this
subsection, the term ‘rural area’ means any area not in an urbanized
area, as defined by the Bureau of the Census.
“(h) Federal Share of Total Project Costs.—
“(1) TOTAL
PROJECT COSTS.—The Secretary shall estimate the total costs of a
project under this section based on the best available information,
including any available engineering studies, studies of economic
feasibility, environmental analyses, and information on the expected
use of equipment or facilities.
“(2) FEDERAL SHARE.—The
Federal share of total project costs under this section shall not
exceed 80 percent.
“(3) TREATMENT OF PASSENGER RAIL
REVENUE.—If Amtrak or another rail carrier is an applicant under
this section, Amtrak or the other rail carrier, as applicable, may
use ticket and other revenues generated from its operations and
other sources to satisfy the non-Federal share requirements.
“(i) Applicability.—Except as specifically provided in this section,
the use of any amounts appropriated for grants under this section
shall be subject to the requirements of this chapter.
“(j) Availability.—Amounts appropriated for carrying out this
section shall remain available until expended.
“(k) Limitation.—The requirements of sections 24402, 24403, and
24404 and the definition contained in 24401(1) shall not apply to
this section.
“(l) Special Transportation Circumstances.—
“(1) IN
GENERAL.—In carrying out this chapter, the Secretary shall allocate
an appropriate portion of the amounts available to programs in this
chapter to provide grants to States—
“(A) in which there
is no intercity passenger rail service, for the purpose of funding
freight rail capital projects that are on a State rail plan
developed under chapter 227 that provide public benefits (as defined
in chapter 227), as determined by the Secretary; or
“(B)
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
considerations, for the purpose of funding transportation-related
capital projects.
“(2) DEFINITION.—For the purposes of
this subsection, the term ‘appropriate portion’ means a share, for
each State subject to paragraph (1), not less than the share of the
total railroad route miles in such State of the total railroad route
miles in the United States, excluding from all totals the route
miles exclusively used for tourist, scenic, and excursion railroad
operations.”.
(b) Conforming Amendment.—The table of contents of chapter 244 of
title 49, United States Code, is amended by adding after the item
relating to section 24406 the following:
“24407. Consolidated rail infrastructure and safety improvements.”.
(c) Repeals.—
(1) Sections 20154 and 20167 of chapter 201
of title 49, United States Code, and the items relating to such
sections in the table of contents of such chapter, are repealed.
(2)
Section 24105 of chapter 241 of title 49, United States Code, and
the item relating to such section in the table of contents of such
chapter, is repealed.
(3) Chapter 225 of title 49, United
States Code, and the item relating to such chapter in the table of
contents of subtitle V of such title, is repealed.
(4)
Section 22108 of chapter 221 of title 49, United States Code, and
the item relating to such section in the table of contents of such
chapter, are repealed.
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