[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 3367 Introduced in Senate (IS)]

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115th CONGRESS
  2d Session
                                S. 3367

   To amend certain transportation-related reporting requirements to 
improve congressional oversight, reduce reporting burdens, and promote 
                 transparency, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            August 22, 2018

   Mr. Thune introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
   To amend certain transportation-related reporting requirements to 
improve congressional oversight, reduce reporting burdens, and promote 
                 transparency, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Department of Transportation Reports 
Harmonization Act''.

SEC. 2. EFFECTIVE DATE.

    (a) In General.--Except as provided in subsection (b), this Act 
takes effect on the date of enactment of this Act.
    (b) 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 CHARGES AND FEES FOR ATTENDANCE AT 
              UNITED STATES MERCHANT MARINE ACADEMY.

    Section 51314 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,''.

SEC. 4. PUBLIC AVAILABILITY OF INFORMATION ON ALIGNING FEDERAL 
              ENVIRONMENTAL REVIEWS.

    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. PUBLIC AVAILABILITY OF INFORMATION ON UNIVERSITY TRANSPORTATION 
              CENTERS PROGRAM.

    Section 5505 of title 49, United States Code, is amended--
            (1) in subsection (b)(5)(B), by inserting ``, and make 
        publicly available on the Department of Transportation 
        website,'' after ``Senate''; and
            (2) by amending subsection (d)(2)(B) to read as follows:
                    ``(B) make publicly available on the Department of 
                Transportation website a description of that review and 
                evaluation.''.

SEC. 6. PUBLIC AVAILABILITY OF REPORTS BY INSPECTOR GENERAL OF 
              DEPARTMENT OF TRANSPORTATION.

    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:

``SEC. 6. REPORTS.

    ``Not later than 9 months after the date of enactment of the 
Department of Transportation Reports Harmonization Act--
            ``(1) the Secretary of Transportation shall make publicly 
        available a list of each statutory mandate regarding pipeline 
        safety or hazardous materials safety that has not been 
        implemented by--
                    ``(A) posting the list on the website of the 
                Department of Transportation;
                    ``(B) including the list in a regulatory 
                flexibility agenda under section 602 of title 5, United 
                States Code; or
                    ``(C) providing the list in a regulatory planning 
                document; and
            ``(2) the Inspector General of the Department of 
        Transportation shall make publicly available on the website of 
        the Office of the Inspector General a list of each open safety 
        recommendation made by the Inspector General regarding pipeline 
        safety or hazardous materials safety.''.

SEC. 7. PUBLIC AVAILABILITY OF SECRETARY OF TRANSPORTATION'S RESPONSES 
              TO SAFETY RECOMMENDATIONS.

    Section 1135 of title 49, United States Code, is amended--
            (1) by amending subsection (a) to read as follows:
    ``(a) Safety Transportation Recommendations.--
            ``(1) In general.--Not later than 90 days after the date 
        that the Secretary of Transportation receives a recommendation 
        about transportation safety from the National Transportation 
        Safety Board, the Secretary shall submit to the Board a formal 
        written response to the recommendation.
            ``(2) Contents.--Each response under paragraph (1) shall 
        indicate whether the Secretary intends--
                    ``(A) to carry out procedures to adopt the complete 
                recommendation;
                    ``(B) to carry out procedures to adopt a part of 
                the recommendation; or
                    ``(C) to refuse to carry out procedures to adopt 
                the recommendation.'';
            (2) by amending subsection (b) to read as follows:
    ``(b) Timetable for Completing Procedures and Reasons for 
Refusals.--A response under--
            ``(1) subparagraph (B) or subparagraph (C) of subsection 
        (a)(2) shall include a copy of a proposed timetable for 
        completing the procedures;
            ``(2) subsection (a)(2)(B) shall detail the reasons for the 
        refusal to carry out procedures on the remainder of the 
        recommendation; and
            ``(3) subsection (a)(2)(C) shall detail the reasons for the 
        refusal to carry out procedures.'';
            (3) 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) 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) by striking subsection (e).

SEC. 8. CONSISTENCY IN RESPONSE REQUIREMENTS TO NTSB SAFETY 
              RECOMMENDATIONS.

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

``SEC. 19. NTSB SAFETY RECOMMENDATIONS.

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

SEC. 9. STREAMLINED REPORTING FOR THE NATIONAL MARITIME HERITAGE GRANTS 
              PROGRAM.

    Section 308703(j) of title 54, United States Code, is amended to 
read as follows:
    ``(j) Status Reports.--The Secretary shall include in the annual 
budget submission of the Department of the Interior a description of 
the current status of the Program, including--
            ``(1) the total number of grant applications submitted and 
        approved under the Program in the prior fiscal year;
            ``(2) a description, including any results or any 
        accomplishments, of each project funded under the Program in 
        the prior fiscal year; and
            ``(3) recommended priorities for achieving the policy set 
        forth in section 308701 of this title.''.

SEC. 10. PERIODIC UPDATES TO HIGHWAY-RAIL CROSSING REPORTS AND PLANS.

    (a) Highway-Rail Grade Crossing Safety.--
            (1) In general.--Section 11401 of the Fixing America's 
        Surface Transportation Act (49 U.S.C. 24407 note) is amended--
                    (A) in subsection (b), by striking ``(49 U.S.C. 
                22501 note)'' each place it appears and inserting ``(49 
                U.S.C. 24407 note)'';
                    (B) by striking subsection (c); and
                    (C) by redesignating subsections (d) and (e) as 
                subsections (c) and (d), respectively.
            (2) Reports on highway-rail grade crossing safety.--
                    (A) In general.--Chapter 201 of title 49, United 
                States Code, is amended by inserting after section 
                20166 the following:
``Sec. 20167. Reports on highway-rail grade crossing safety
    ``(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--
            ``(1) an analysis and evaluation of each State railway-
        highway crossings program under section 130 of title 23, 
        including--
                    ``(A) compliance with section 11401 of the Fixing 
                America's Surface Transportation Act (49 U.S.C. 24407 
                note) and section 130(g) of title 23; and
                    ``(B) the specific strategies identified by each 
                State to improve safety at highway-rail grade 
                crossings, including crossings with multiple accidents 
                or incidents;
            ``(2) the progress of each State in implementing its State 
        highway-rail grade crossing action plan;
            ``(3) the number of projects undertaken under section 130 
        of title 23, including their distribution by cost range, road 
        system, nature of treatment, and subsequent accident experience 
        at improved locations;
            ``(4) each State that is not in compliance with its 
        schedule of projects under section 130(d) of title 23; and
            ``(5) any recommendations for future implementation of the 
        railroad highway crossings program under section 130 of title 
        23.
    ``(b) Updates.--Not later than 5 years after the date the report 
under subsection (a) is submitted, the Administrator of the Federal 
Railroad Administration, in consultation with the Administrator of the 
Federal Highway Administration, shall--
            ``(1) update the report based on the State reports 
        submitted under section 130(g) of title 23 and any other 
        information obtained by or available to the Administrator of 
        the Federal Railroad Administration; and
            ``(2) submit the updated report to the Committee on 
        Commerce, Science, and Transportation of the Senate and the 
        Committee on Transportation and Infrastructure of the House of 
        Representatives.
    ``(c) Definitions.--In this section:
            ``(1) Highway-rail grade crossing.--The term `highway-rail 
        grade crossing' means a location within a State, other than a 
        location where 1 or more railroad tracks cross 1 or more 
        railroad tracks at grade, where--
                    ``(A) a public highway, road, or street, or a 
                private roadway, including associated sidewalks and 
                pathways, crosses 1 or more railroad tracks either at 
                grade or grade-separated; or
                    ``(B) a pathway explicitly authorized by a public 
                authority or a railroad carrier that is dedicated for 
                the use of non-vehicular traffic, including 
                pedestrians, bicyclists, and others, that is not 
                associated with a public highway, road, or street, or a 
                private roadway, crosses 1 or more railroad tracks 
                either at grade or grade-separated.
            ``(2) State.--The term `State' means a State of the United 
        States or the District of Columbia.''.
                    (B) 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:

``20167. Reports on highway-rail grade crossing safety.''.
    (b) In General.--Section 130(g) of title 23, United States Code, is 
amended to read as follows:
    ``(g) Annual Report.--
            ``(1) In general.--Not later than December 30 of each year, 
        each State shall submit to the Administrator of the Federal 
        Highway Administration a report on the progress being made to 
        implement the railway-highway crossings program authorized by 
        this section and the effectiveness of such improvements.
            ``(2) Contents.--Each State report shall contain an 
        assessment of the costs of the various treatments employed and 
        subsequent accident experience at improved locations.
            ``(3) Coordination.--The Administrator of the Federal 
        Highway Administration shall make available to the 
        Administrator of the Federal Railroad Administration each 
        report submitted under paragraph (1).''.

SEC. 11. UPDATES TO HAZARDOUS MATERIALS GRANT PROGRAMS AND REPORTS.

    (a) Planning and Training Grants, Monitoring, and Review.--Section 
5116(j) of title 49, United States Code, is amended to read as follows:
    ``(j) List of Grants.--
            ``(1) In general.--Not later than 120 days after the date 
        of enactment of the Department of Transportation Reports 
        Harmonization Act, and annually thereafter, the Secretary 
        shall--
                    ``(A) compile a list of the grants made--
                            ``(i) under subsections (a) and (i) of this 
                        section; and
                            ``(ii) under subsections (e) and (i) of 
                        section 5107; and
                    ``(B) make the list publicly available on the 
                Department of Transportation website, including--
                            ``(i) the identity of all final recipients 
                        of such grants;
                            ``(ii) the allocation and uses of such 
                        grants; and
                            ``(iii) information on the effects of such 
                        grants, such as the number of persons trained, 
                        by training level.''.
    (b) 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:
    ``(h) Compilation of Accidents and Casualties.--The Secretary shall 
make publicly available on the Department of Transportation website, 
and update at least biennially, a statistical compilation of accidents 
and casualties related to the transportation of hazardous material.
    ``(i) Budget Submission.--The Secretary shall include in the annual 
budget submission of the Department of Transportation--
            ``(1) an evaluation of the effectiveness of enforcement 
        activities relating to a function regulated by the Secretary 
        under section 5103(b)(1); and
            ``(2) a summary of outstanding problems in carrying out 
        this chapter, in order of priority.''.
    (c) Disclosure of Agency Action.--Section 5117(g) of title 49, 
United States Code, is amended to read as follows:
    ``(g) Disclosure of Agency Action.--The Secretary shall--
            ``(1) periodically, but at least every 120 days--
                    ``(A) publish in the Federal Register notice of the 
                final disposition of each application for a new special 
                permit, modification to an existing special permit, or 
                approval during the preceding quarter; and
                    ``(B) make available to the public on the 
                Department of Transportation website--
                            ``(i) notice of the final disposition of 
                        any other special permit during the preceding 
                        quarter;
                            ``(ii) a list of special permits in effect; 
                        and
                            ``(iii) a summary of the basis for each 
                        special permit; and
            ``(2) make available to the public on the Department of 
        Transportation website, and update at least biennially, a list 
        and summary of applicable Government regulations, criteria, 
        orders, guidance, and special permits relating to the 
        transportation of hazardous materials.''.

SEC. 12. ELIMINATING UNNECESSARY REPORTING REQUIREMENTS FOR THE 
              REGIONAL INFRASTRUCTURE ACCELERATOR DEMONSTRATION 
              PROGRAM.

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

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

``SEC. 106. REPORTS ON STATUTORY MANDATES AND RECOMMENDATIONS.

    ``The Secretary shall--
            ``(1) not later than 1 year after the date of enactment of 
        the Department of Transportation Reports Harmonization Act, 
        describe the actions the Secretary has taken to implement unmet 
        statutory mandates regarding railroad safety;
            ``(2) update the description under paragraph (1) not less 
        than annually; and
            ``(3) make the description, including any updates thereto, 
        available by--
                    ``(A) posting the description on the website of the 
                Department of Transportation;
                    ``(B) including the description in the regulatory 
                flexibility agenda under section 602 of title 5, United 
                States Code; or
                    ``(C) providing the description in a regulatory 
                planning document.''.

SEC. 14. REPORTING ON THE NORTHEAST CORRIDOR.

    (a) Northeast Corridor Safety Committee Report.--Section 24905(e) 
of title 49, United States Code, is amended by striking paragraph (3).
    (b) Contents of Grant Requests.--
            (1) In general.--Section 24319(c) of title 49, United 
        States Code, is amended--
                    (A) in paragraph (2), by striking ``; and'' and 
                inserting a semicolon;
                    (B) in paragraph (3), by striking the period at the 
                end and inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(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) 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.

    Section 403 of title 23, United States Code, is amended--
            (1) in subsection (f)(1), by striking ``subsection 402(c)'' 
        and inserting ``section 402(c)''; and
            (2) 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.

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

SEC. 17. WAIVER NOTIFICATION AND ANNUAL REPORTS.

    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.

    (a) Advisory Council on Transportation Statistics.--Section 6305 of 
title 49, United States Code, is amended by adding at the end the 
following:
    ``(f) Sunset.--The advisory council established under this section 
ceases to exist effective January 1, 2019.''.
    (b) Intelligent Transportation Systems Program Advisory 
Committee.--Section 515(h) of title 23, United States Code, is 
amended--
            (1) in paragraph (4), by inserting ``until the cessation 
        date under paragraph (6),'' after ``each year''; and
            (2) by adding at the end the following:
            ``(6) Sunset.--The Advisory Committee established under 
        this subsection ceases to exist effective January 1, 2019.''.
    (c) 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:
            ``(2) Functions.--The Committee shall function as a working 
        group of the Railroad Safety Advisory Committee.
            ``(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) 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:
            ``(3) Sunset.--The advisory board established under this 
        subsection ceases to exist effective January 1, 2019.''.
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