US Codex
Bill
Notes

S. 3367 — what changed

Department of Transportation Reports Harmonization Act

From Reported in Senate to Engrossed in Senate. 6 sections amended and 11 removed between Reported in Senate and Engrossed in Senate.

Sec. 2 Public availability of charges and fees for attendance at United States Merchant Marine Academy

added Section 51314(b) of title 46, United States Code, is amended by striking “shall notify Congress of” and inserting “shall present at the next meeting of the Board of Visitors, and post on a publicly available website,”.

(a)
removed In general— Except as provided in subsection (b), this Act takes effect on the date of enactment of this Act.
(b)
removed Delayed effective dates— Sections 6, 8, and 12 of this Act, and the amendments made by those sections, take effect on January 1, 2019.

Sec. 3 Public availability of information on aligning Federal environmental reviews

changed Section 51314 310(f)(1) of title 46, 49, United States Code, is amended by striking “shall notify Congress of” and inserting “shall present at the next meeting of the Board of Visitors, “, and post on a make publicly available website,”.on the Department of Transportation website,” after “House of Representatives”.

Sec. 4 Reporting on the Northeast Corridor

(a)
added Northeast Corridor Safety Committee report— Section 24905(e) of title 49, United States Code, is amended by striking paragraph (3).
(b)
added Contents of grant requests—
(1)
added In general— Section 24319(c) of title 49, United States Code, is amended—
(A)
added in paragraph (2), by striking “; and” and inserting a semicolon;
(B)
added in paragraph (3), by striking the period at the end and inserting “; and”; and
(C)
added by adding at the end the following:

added “(4) describe the status of efforts to improve safety and security on the Northeast Corridor main line, including a description of any efforts to implement recommendations of relevant railroad safety advisory committees.”

(2)
added Rule of construction— Nothing in this subsection or an amendment made by this subsection shall affect a grant request made under section 24319 of title 49, United States Code, before the date of enactment of this Act.

removed Section 310(f)(1) of title 49, United States Code, is amended by inserting “, and make publicly available on the Department of Transportation website,” after “House of Representatives”.

Sec. 5 Highway safety programs report to Congress

(a)
added DOT reports— Section 402 of title 23, United States Code, is amended by striking subsection (n) and inserting the following:

added “(n) Public transparency—The Secretary shall publicly release on its website information that contains each State's performance with respect to the State's highway safety plan under subsection (k) and performance targets set by the States in such plans. Such information shall be posted on the website within 45 calendar days of approval of a State's highway safety plan.”

(b)
added GAO report—
(1)
added In general— The Comptroller General of the United States shall conduct a review of the highway safety programs under section 402 of title 23, United States Code. In carrying out the review, the Comptroller General shall review States' progress in achieving safety performance targets, including how States are utilizing grants and problems encountered in achieving such targets.
(2)
added Submission— Not later than 2 years after the date of enactment of this Act, the Comptroller General of the United States shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate and Committee on Transportation and Infrastructure of the House of Representatives that contains the results of the study conducted under paragraph (1), including any recommendations for improvements to State activities and the Secretary of Transportation’s administration of the highway safety programs.

removed Section 5505 of title 49, United States Code, is amended—

(1)
removed in subsection (b)(5)(B), by inserting “, and make publicly available on the Department of Transportation website,” after “Senate”; and
(2)
removed by amending subsection (d)(2)(B) to read as follows:

removed “(B) make publicly available on the Department of Transportation website a description of that review and evaluation.”

Sec. 6 Cessation of certain advisory councils and advisory committees

(a)
added Northeast Corridor Safety Committee— Section 24905(e) of title 49, United States Code, as amended by this Act, is further amended by striking paragraph (2) and inserting the following:

added “(2) Sunset—The Committee established under this subsection ceases to exist on the date that the Secretary determines positive train control, as required by section 20157, is fully implemented along the Northeast Corridor.”

(b)
added National Rail Cooperative Research Program Oversight Committee— Section 24910(c) of title 49, United States Code, is amended by adding at the end the following:

added “(3) Sunset—The advisory board established under this subsection ceases to exist effective January 1, 2019.”

removed Section 6 of the Norman Y. Mineta Research and Special Programs Improvement Act (49 U.S.C. 108 note) is amended to read as follows:

removed “6. Reports

removed “Not later than 9 months after the date of enactment of the Department of Transportation Reports Harmonization Act—

removed “(1) the Secretary of Transportation shall make publicly available a list of each statutory mandate regarding pipeline safety or hazardous materials safety that has not been implemented by—

removed “(A) posting the list on the website of the Department of Transportation;

removed “(B) including the list in a regulatory flexibility agenda under section 602 of title 5, United States Code; or

removed “(C) providing the list in a regulatory planning document; and

removed “(2) the Inspector General of the Department of Transportation shall make publicly available on the website of the Office of the Inspector General a list of each open safety recommendation made by the Inspector General regarding pipeline safety or hazardous materials safety.”

Sec. 7 Technical amendments to rail improvement grants

(a)
added Redesignation— Subtitle V of title 49, United States Code, is amended—
(1)
added by redesignating sections 24401 through 24408 as sections 22901 through 22908, respectively;
(2)
added by redesignating chapter 244 as chapter 229;
(3)
added by moving chapter 229, as redesignated, to appear at the end of part B;
(4)
added in the table of chapters—
(A)
added by striking the item relating to chapter 244; and
(B)
added by inserting after the item relating to chapter 227 the following:
(5)
added by amending the table of sections for chapter 229, as redesignated, to read as follows:

added “229 Rail improvement grants”

(b)
added Technical and conforming amendments—
(1)
added Technical amendments— Chapter 229 of title 49, United States Code, as redesignated, is amended—
(A)
added in section 22902, as redesignated—
(i)
added in subsection (c)(3)(A)—
(I)
added in the matter preceding clause (i), by inserting “of” after “other modes”; and
(II)
added in clause (vi) by striking “environmentally” and inserting “environmental”; and
(ii)
added in subsection (k), by striking “state rail plan” and inserting “State rail plan”; and
(B)
added in section 22905(e)(1), as redesignated—
(i)
added by striking “government authority” and inserting “governmental authority”; and
(ii)
added by striking “section 5302(11) and (6), respectively, of this title” and inserting “section 5302”.
(2)
added Conforming amendments— Chapter 229 of title 49, United States Code, as redesignated, is amended—
(A)
added in section 22901(2)(D), as redesignated, by striking “24404” and inserting “22904”;
(B)
added in section 22904, as redesignated, by striking “24402” and inserting “22902”;
(C)
added in section 22905(e)(1), as redesignated, by striking “24102(4) of this title” and inserting “24102”;
(D)
added in section 22907, as redesignated—
(i)
added in subsection (c)(2), by striking “24401(2)” and inserting “22901(2)”; and
(ii)
added in subsection (k), by striking “of sections 24402, 24403, and 24404 and the definition contained in 24401(1)” and inserting “under sections 22902, 22903, and 22904, and the definition contained in section 22901(1)”; and
(E)
added in section 22908, as redesignated—
(i)
added in subsection (a), in the matter preceding paragraph (1), by striking “24401(1)” and inserting “22901(1)”; and
(ii)
added in subsection (i)(3), by striking “24405” and inserting “22905”.
(3)
added Additional conforming amendments—
(A)
added Subtitle V— Subtitle V of title 49, United States Code, is amended—
(i)
added in part C—
(I)
added in section 24102(7)(D)(ii), by striking “chapter 244” and inserting “chapter 229”;
(II)
added in section 24103, by inserting “or chapter 229” after “this part” each place it appears;
(III)
added in section 24711(c)(3), by striking “24405” and inserting “22905”; and
(IV)
added in section 24911(i), by striking “24405” and inserting “22905”; and
(ii)
added in part D, in section 26106(e)(3), by striking “24405 of this title” and inserting “22905”.
(B)
added Railroad safety enhancement act of 2008— The Passenger Rail Investment and Improvement Act of 2008 (division B of Public Law 110–432) is amended—
(i)
added in section 301(c) (49 U.S.C. 24405 note), by striking “24405(a)” and inserting “22905(a)”; and
(ii)
added in section 502(a)(4)(I) (49 U.S.C. 26106 note), by striking “24405” and inserting “22905”.
(C)
added FAST Act— The Fixing America's Surface Transportation Act (Public Law 114–94; 129 Stat. 1312) is amended—
(i)
added in section 11102, by adding at the end the following:

added “(c) Conforming provision for redesignation of applicable section—Any amounts authorized under this section for grants or project management oversight under section 24407 of such title shall be deemed to refer to grants or project management oversight under section 22907 of such title on or after the date of enactment of the Department of Transportation Reports Harmonization Act.”

(ii)
added in section 11104, by adding at the end the following:

added “(c) Conforming provision for redesignation of applicable section—Any amounts authorized under this section for grants or project management oversight under section 24408 of such title shall be deemed to refer to grants or project management oversight under section 22908 of such title on or after the date of enactment of the Department of Transportation Reports Harmonization Act.”

(iii)
added in section 11308(a)(4)(I), by striking “24405” and inserting “22905”; and
(iv)
added in section 11401(b)(5), by striking “chapter 244” and inserting “chapter 229”.

removed Section 1135 of title 49, United States Code, is amended—

(1)
removed by amending subsection (a) to read as follows:

removed “(a) Safety transportation recommendations

removed “(1) In general—Not later than 90 days after the date that the Secretary of Transportation receives a recommendation about transportation safety from the National Transportation Safety Board, the Secretary shall submit to the Board a formal written response to the recommendation.

removed “(2) Contents—Each response under paragraph (1) shall indicate whether the Secretary intends—

removed “(A) to carry out procedures to adopt the complete recommendation;

removed “(B) to carry out procedures to adopt a part of the recommendation; or

removed “(C) to refuse to carry out procedures to adopt the recommendation.”

(2)
removed by amending subsection (b) to read as follows:

removed “(b) Timetable for completing procedures and reasons for refusals—A response under—

removed “(1) subparagraph (B) or subparagraph (C) of subsection (a)(2) shall include a copy of a proposed timetable for completing the procedures;

removed “(2) subsection (a)(2)(B) shall detail the reasons for the refusal to carry out procedures on the remainder of the recommendation; and

removed “(3) subsection (a)(2)(C) shall detail the reasons for the refusal to carry out procedures.”

(3)
removed in subsection (c), by striking “a copy of each recommendation and response available to the public at reasonable cost” and inserting “publicly available on its website each recommendation and response under subsection (a)”;
(4)
removed in subsection (d)(2)(B), by striking “a response under subsection (a)(2) or (a)(3)” and inserting “a response under subparagraph (B) or subparagraph (C) of subsection (a)(2)”; and
(5)
removed by striking subsection (e).

Sec. 8 Consistency in response requirements to NTSB safety recommendations

removed

removed Section 19 of the Pipeline Safety Improvement Act of 2002 (49 U.S.C. 1135 note) is amended to read as follows:

removed “19. NTSB safety recommendations

removed “The Secretary of Transportation, the Administrator of the Pipeline and Hazardous Materials Safety Administration, and the Director of the Office of Pipeline Safety shall fully comply with section 1135 of title 49, United States Code, to ensure timely responsiveness to National Transportation Safety Board recommendations about pipeline safety.”

Sec. 9 Streamlined reporting for the National Maritime Heritage Grants Program

removed

removed Section 308703(j) of title 54, United States Code, is amended to read as follows:

removed “(j) Status reports—The Secretary shall include in the annual budget submission of the Department of the Interior a description of the current status of the Program, including—

removed “(1) the total number of grant applications submitted and approved under the Program in the prior fiscal year;

removed “(2) a description, including any results or any accomplishments, of each project funded under the Program in the prior fiscal year; and

removed “(3) recommended priorities for achieving the policy set forth in section 308701 of this title.”

Sec. 10 Periodic updates to highway-rail crossing reports and plans

removed
(a)
removed Highway-Rail Grade Crossing Safety—
(1)
removed In general— Section 11401 of the Fixing America's Surface Transportation Act (49 U.S.C. 24407 note) is amended—
(A)
removed in subsection (b), by striking “(49 U.S.C. 22501 note)” each place it appears and inserting “(49 U.S.C. 24407 note)”;
(B)
removed by striking subsection (c); and
(C)
removed by redesignating subsections (d) and (e) as subsections (c) and (d), respectively.
(2)
removed Reports on highway-rail grade crossing safety—
(A)
removed In general— Chapter 201 of title 49, United States Code, is amended by inserting after section 20166 the following:

removed “20167. Reports on highway-rail grade crossing safety

removed “(a) Report—Not later than 18 months after the deadline for States to submit State highway-rail grade crossing action plans under section 11401(b) of the Fixing America's Surface Transportation Act (49 U.S.C. 24407 note), the Administrator of the Federal Railroad Administration, in consultation with the Administrator of the Federal Highway Administration, shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the State highway-rail grade crossing action plans, including—

removed “(1) an analysis and evaluation of each State railway-highway crossings program under section 130 of title 23, including—

removed “(A) compliance with section 11401 of the Fixing America's Surface Transportation Act (49 U.S.C. 24407 note) and section 130(g) of title 23; and

removed “(B) the specific strategies identified by each State to improve safety at highway-rail grade crossings, including crossings with multiple accidents or incidents;

removed “(2) the progress of each State in implementing its State highway-rail grade crossing action plan;

removed “(3) the number of projects undertaken under section 130 of title 23, including their distribution by cost range, road system, nature of treatment, and subsequent accident experience at improved locations;

removed “(4) each State that is not in compliance with its schedule of projects under section 130(d) of title 23; and

removed “(5) any recommendations for future implementation of the railroad highway crossings program under section 130 of title 23.

removed “(b) Updates—Not later than 5 years after the date the report under subsection (a) is submitted, the Administrator of the Federal Railroad Administration, in consultation with the Administrator of the Federal Highway Administration, shall—

removed “(1) update the report based on the State reports submitted under section 130(g) of title 23 and any other information obtained by or available to the Administrator of the Federal Railroad Administration; and

removed “(2) submit the updated report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives.

removed “(c) Definitions—In this section:

removed “(1) Highway-rail grade crossing—The term highway-rail grade crossing means a location within a State, other than a location where 1 or more railroad tracks cross 1 or more railroad tracks at grade, where—

removed “(A) a public highway, road, or street, or a private roadway, including associated sidewalks and pathways, crosses 1 or more railroad tracks either at grade or grade-separated; or

removed “(B) a pathway explicitly authorized by a public authority or a railroad carrier that is dedicated for the use of non-vehicular traffic, including pedestrians, bicyclists, and others, that is not associated with a public highway, road, or street, or a private roadway, crosses 1 or more railroad tracks either at grade or grade-separated.

removed “(2) State—The term State means a State of the United States or the District of Columbia.”

(B)
removed Table of contents— The table of contents of chapter 201 of title 49, United States Code, is amended by inserting after the item relating to section 20166 the following:
(b)
removed In general— Section 130(g) of title 23, United States Code, is amended to read as follows:

removed “(g) Annual report

removed “(1) In general—Not later than December 30 of each year, each State shall submit to the Administrator of the Federal Highway Administration a report on the progress being made to implement the railway-highway crossings program authorized by this section and the effectiveness of such improvements.

removed “(2) Contents—Each State report shall contain an assessment of the costs of the various treatments employed and subsequent accident experience at improved locations.

removed “(3) Coordination—The Administrator of the Federal Highway Administration shall make available to the Administrator of the Federal Railroad Administration each report submitted under paragraph (1).”

Sec. 11 Updates to hazardous materials grant programs and reports

removed
(a)
removed Planning and training grants, monitoring, and review— Section 5116(j) of title 49, United States Code, is amended to read as follows:

removed “(j) List of grants

removed “(1) In general—Not later than 120 days after the date of enactment of the Department of Transportation Reports Harmonization Act, and annually thereafter, the Secretary shall—

removed “(A) compile a list of the grants made—

removed “(i) under subsections (a) and (i) of this section; and

removed “(ii) under subsections (e) and (i) of section 5107; and

removed “(B) make the list publicly available on the Department of Transportation website, including—

removed “(i) the identity of all final recipients of such grants;

removed “(ii) the allocation and uses of such grants; and

removed “(iii) information on the effects of such grants, such as the number of persons trained, by training level.”

(b)
removed Biennial report on transportation of hazardous materials— Section 5121 of title 49, United States Code, is amended by striking subsection (h) and inserting the following:

removed “(h) Compilation of accidents and casualties—The Secretary shall make publicly available on the Department of Transportation website, and update at least biennially, a statistical compilation of accidents and casualties related to the transportation of hazardous material.

removed “(i) Budget submission—The Secretary shall include in the annual budget submission of the Department of Transportation—

removed “(1) an evaluation of the effectiveness of enforcement activities relating to a function regulated by the Secretary under section 5103(b)(1); and

removed “(2) a summary of outstanding problems in carrying out this chapter, in order of priority.”

(c)
removed Disclosure of agency action— Section 5117(g) of title 49, United States Code, is amended to read as follows:

removed “(g) Disclosure of agency action—The Secretary shall—

removed “(1) periodically, but at least every 120 days—

removed “(A) publish in the Federal Register notice of the final disposition of each application for a new special permit, modification to an existing special permit, or approval during the preceding quarter; and

removed “(B) make available to the public on the Department of Transportation website—

removed “(i) notice of the final disposition of any other special permit during the preceding quarter;

removed “(ii) a list of special permits in effect; and

removed “(iii) a summary of the basis for each special permit; and

removed “(2) make available to the public on the Department of Transportation website, and update at least biennially, a list and summary of applicable Government regulations, criteria, orders, guidance, and special permits relating to the transportation of hazardous materials.”

Sec. 12 Eliminating unnecessary reporting requirements for the regional Infrastructure Accelerator Demonstration Program

removed

removed Section 1441(e) of the Fixing America's Surface Transportation Act (23 U.S.C. 601 note) is amended to read as follows:

removed “(e) Annual report—Each fiscal year that funds are made available to carry out the program, the Secretary shall submit to Congress, not later than 30 days after the date that fiscal year ends, a report that describes the findings and effectiveness of the program.”

Sec. 13 Consolidated reporting on statutory mandates and recommendations

removed

removed Section 106 of the Rail Safety Improvement Act of 2008 (49 U.S.C. 20101 note) is amended to read as follows:

removed “106. Reports on statutory mandates and recommendations

removed “The Secretary shall—

removed “(1) not later than 1 year after the date of enactment of the Department of Transportation Reports Harmonization Act, describe the actions the Secretary has taken to implement unmet statutory mandates regarding railroad safety;

removed “(2) update the description under paragraph (1) not less than annually; and

removed “(3) make the description, including any updates thereto, available by—

removed “(A) posting the description on the website of the Department of Transportation;

removed “(B) including the description in the regulatory flexibility agenda under section 602 of title 5, United States Code; or

removed “(C) providing the description in a regulatory planning document.”

Sec. 14 Reporting on the Northeast Corridor

removed
(a)
removed Northeast Corridor Safety Committee report— Section 24905(e) of title 49, United States Code, is amended by striking paragraph (3).
(b)
removed Contents of grant requests—
(1)
removed In general— Section 24319(c) of title 49, United States Code, is amended—
(A)
removed in paragraph (2), by striking “; and” and inserting a semicolon;
(B)
removed in paragraph (3), by striking the period at the end and inserting “; and”; and
(C)
removed by adding at the end the following:

removed “(4) describe the status of efforts to improve safety and security on the Northeast Corridor main line, including a description of any efforts to implement recommendations of relevant railroad safety advisory committees.”

(2)
removed Rule of construction— Nothing in this subsection or an amendment made by this subsection shall affect a grant request made under section 24319 of title 49, United States Code, before the date of enactment of this Act.

Sec. 15 In-vehicle alcohol detection device research reports

removed

removed Section 403 of title 23, United States Code, is amended—

(1)
removed in subsection (f)(1), by striking “subsection 402(c)” and inserting “section 402(c)”; and
(2)
removed in subsection (h)(4), in the matter preceding subparagraph (A), by striking “submit an annual report” and inserting “submit a biennial report”.

Sec. 16 Highway safety programs report to Congress

removed

removed Section 402 of title 23, United States Code, is amended by striking subsection (n).

Sec. 17 Waiver notification and annual reports

removed

removed Section 117(b) of the SAFETEA–LU Technical Corrections Act of 2008 (23 U.S.C. 313 note) is amended by striking “submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a” and inserting “make publicly available on the Department of Transportation website an annual”.

Sec. 18 Cessation of certain advisory councils and advisory committees

removed
(a)
removed Advisory council on transportation statistics— Section 6305 of title 49, United States Code, is amended by adding at the end the following:

removed “(f) Sunset—The advisory council established under this section ceases to exist effective January 1, 2019.”

(b)
removed Intelligent Transportation Systems Program Advisory Committee— Section 515(h) of title 23, United States Code, is amended—
(1)
removed in paragraph (4), by inserting “until the cessation date under paragraph (6),” after “each year”; and
(2)
removed by adding at the end the following:

removed “(6) Sunset—The Advisory Committee established under this subsection ceases to exist effective January 1, 2019.”

(c)
removed Northeast Corridor Safety Committee— Section 24905(e) of title 49, United States Code, is amended by striking paragraphs (2) and (3) and inserting the following:

removed “(2) Functions—The Committee shall function as a working group of the Railroad Safety Advisory Committee.

removed “(3) Sunset—The Committee established under this subsection ceases to exist on the date that the Secretary, in consultation with the Administrator of the Federal Railroad Administration, determines positive train control, as required by section 20157, is fully implemented along the Northeast Corridor.”

(d)
removed National Rail Cooperative Research Program Oversight Committee— Section 24910(c) of title 49, United States Code, is amended by adding at the end the following:

removed “(3) Sunset—The advisory board established under this subsection ceases to exist effective January 1, 2019.”