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

<DOC>





                                                       Calendar No. 677
115th CONGRESS
  2d Session
                                S. 3367

                          [Report No. 115-390]

   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

                           November 27, 2018

                Reported by Mr. Thune, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Department of 
Transportation Reports Harmonization Act''.</DELETED>

<DELETED>SEC. 2. EFFECTIVE DATE.</DELETED>

<DELETED>    (a) In General.--Except as provided in subsection (b), 
this Act takes effect on the date of enactment of this Act.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 3. PUBLIC AVAILABILITY OF CHARGES AND FEES FOR ATTENDANCE 
              AT UNITED STATES MERCHANT MARINE ACADEMY.</DELETED>

<DELETED>    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,''.</DELETED>

<DELETED>SEC. 4. PUBLIC AVAILABILITY OF INFORMATION ON ALIGNING FEDERAL 
              ENVIRONMENTAL REVIEWS.</DELETED>

<DELETED>    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''.</DELETED>

<DELETED>SEC. 5. PUBLIC AVAILABILITY OF INFORMATION ON UNIVERSITY 
              TRANSPORTATION CENTERS PROGRAM.</DELETED>

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

<DELETED>SEC. 6. PUBLIC AVAILABILITY OF REPORTS BY INSPECTOR GENERAL OF 
              DEPARTMENT OF TRANSPORTATION.</DELETED>

<DELETED>    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:</DELETED>

<DELETED>``SEC. 6. REPORTS.</DELETED>

<DELETED>    ``Not later than 9 months after the date of enactment of 
the Department of Transportation Reports Harmonization Act--</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(A) posting the list on the website of 
                the Department of Transportation;</DELETED>
                <DELETED>    ``(B) including the list in a regulatory 
                flexibility agenda under section 602 of title 5, United 
                States Code; or</DELETED>
                <DELETED>    ``(C) providing the list in a regulatory 
                planning document; and</DELETED>
        <DELETED>    ``(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.''.</DELETED>

<DELETED>SEC. 7. PUBLIC AVAILABILITY OF SECRETARY OF TRANSPORTATION'S 
              RESPONSES TO SAFETY RECOMMENDATIONS.</DELETED>

<DELETED>    Section 1135 of title 49, United States Code, is amended--
</DELETED>
        <DELETED>    (1) by amending subsection (a) to read as 
        follows:</DELETED>
<DELETED>    ``(a) Safety Transportation Recommendations.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(2) Contents.--Each response under paragraph (1) 
        shall indicate whether the Secretary intends--</DELETED>
                <DELETED>    ``(A) to carry out procedures to adopt the 
                complete recommendation;</DELETED>
                <DELETED>    ``(B) to carry out procedures to adopt a 
                part of the recommendation; or</DELETED>
                <DELETED>    ``(C) to refuse to carry out procedures to 
                adopt the recommendation.'';</DELETED>
        <DELETED>    (2) by amending subsection (b) to read as 
        follows:</DELETED>
<DELETED>    ``(b) Timetable for Completing Procedures and Reasons for 
Refusals.--A response under--</DELETED>
        <DELETED>    ``(1) subparagraph (B) or subparagraph (C) of 
        subsection (a)(2) shall include a copy of a proposed timetable 
        for completing the procedures;</DELETED>
        <DELETED>    ``(2) subsection (a)(2)(B) shall detail the 
        reasons for the refusal to carry out procedures on the 
        remainder of the recommendation; and</DELETED>
        <DELETED>    ``(3) subsection (a)(2)(C) shall detail the 
        reasons for the refusal to carry out procedures.'';</DELETED>
        <DELETED>    (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)'';</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (5) by striking subsection (e).</DELETED>

<DELETED>SEC. 8. CONSISTENCY IN RESPONSE REQUIREMENTS TO NTSB SAFETY 
              RECOMMENDATIONS.</DELETED>

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

<DELETED>``SEC. 19. NTSB SAFETY RECOMMENDATIONS.</DELETED>

<DELETED>    ``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.''.</DELETED>

<DELETED>SEC. 9. STREAMLINED REPORTING FOR THE NATIONAL MARITIME 
              HERITAGE GRANTS PROGRAM.</DELETED>

<DELETED>    Section 308703(j) of title 54, United States Code, is 
amended to read as follows:</DELETED>
<DELETED>    ``(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--</DELETED>
        <DELETED>    ``(1) the total number of grant applications 
        submitted and approved under the Program in the prior fiscal 
        year;</DELETED>
        <DELETED>    ``(2) a description, including any results or any 
        accomplishments, of each project funded under the Program in 
        the prior fiscal year; and</DELETED>
        <DELETED>    ``(3) recommended priorities for achieving the 
        policy set forth in section 308701 of this title.''.</DELETED>

<DELETED>SEC. 10. PERIODIC UPDATES TO HIGHWAY-RAIL CROSSING REPORTS AND 
              PLANS.</DELETED>

<DELETED>    (a) Highway-Rail Grade Crossing Safety.--</DELETED>
        <DELETED>    (1) In general.--Section 11401 of the Fixing 
        America's Surface Transportation Act (49 U.S.C. 24407 note) is 
        amended--</DELETED>
                <DELETED>    (A) in subsection (b), by striking ``(49 
                U.S.C. 22501 note)'' each place it appears and 
                inserting ``(49 U.S.C. 24407 note)'';</DELETED>
                <DELETED>    (B) by striking subsection (c); 
                and</DELETED>
                <DELETED>    (C) by redesignating subsections (d) and 
                (e) as subsections (c) and (d), respectively.</DELETED>
        <DELETED>    (2) Reports on highway-rail grade crossing 
        safety.--</DELETED>
                <DELETED>    (A) In general.--Chapter 201 of title 49, 
                United States Code, is amended by inserting after 
                section 20166 the following:</DELETED>
<DELETED>``Sec. 20167. Reports on highway-rail grade crossing 
              safety</DELETED>
<DELETED>    ``(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--</DELETED>
        <DELETED>    ``(1) an analysis and evaluation of each State 
        railway-highway crossings program under section 130 of title 
        23, including--</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(B) the specific strategies identified 
                by each State to improve safety at highway-rail grade 
                crossings, including crossings with multiple accidents 
                or incidents;</DELETED>
        <DELETED>    ``(2) the progress of each State in implementing 
        its State highway-rail grade crossing action plan;</DELETED>
        <DELETED>    ``(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;</DELETED>
        <DELETED>    ``(4) each State that is not in compliance with 
        its schedule of projects under section 130(d) of title 23; 
        and</DELETED>
        <DELETED>    ``(5) any recommendations for future 
        implementation of the railroad highway crossings program under 
        section 130 of title 23.</DELETED>
<DELETED>    ``(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--</DELETED>
        <DELETED>    ``(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</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(c) Definitions.--In this section:</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(2) State.--The term `State' means a State of 
        the United States or the District of Columbia.''.</DELETED>
                <DELETED>    (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:</DELETED>

<DELETED>``20167. Reports on highway-rail grade crossing safety.''.
<DELETED>    (b) In General.--Section 130(g) of title 23, United States 
Code, is amended to read as follows:</DELETED>
<DELETED>    ``(g) Annual Report.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(2) Contents.--Each State report shall contain 
        an assessment of the costs of the various treatments employed 
        and subsequent accident experience at improved 
        locations.</DELETED>
        <DELETED>    ``(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).''.</DELETED>

<DELETED>SEC. 11. UPDATES TO HAZARDOUS MATERIALS GRANT PROGRAMS AND 
              REPORTS.</DELETED>

<DELETED>    (a) Planning and Training Grants, Monitoring, and 
Review.--Section 5116(j) of title 49, United States Code, is amended to 
read as follows:</DELETED>
<DELETED>    ``(j) List of Grants.--</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(A) compile a list of the grants made--
                </DELETED>
                        <DELETED>    ``(i) under subsections (a) and 
                        (i) of this section; and</DELETED>
                        <DELETED>    ``(ii) under subsections (e) and 
                        (i) of section 5107; and</DELETED>
                <DELETED>    ``(B) make the list publicly available on 
                the Department of Transportation website, including--
                </DELETED>
                        <DELETED>    ``(i) the identity of all final 
                        recipients of such grants;</DELETED>
                        <DELETED>    ``(ii) the allocation and uses of 
                        such grants; and</DELETED>
                        <DELETED>    ``(iii) information on the effects 
                        of such grants, such as the number of persons 
                        trained, by training level.''.</DELETED>
<DELETED>    (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:</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(i) Budget Submission.--The Secretary shall include in 
the annual budget submission of the Department of Transportation--
</DELETED>
        <DELETED>    ``(1) an evaluation of the effectiveness of 
        enforcement activities relating to a function regulated by the 
        Secretary under section 5103(b)(1); and</DELETED>
        <DELETED>    ``(2) a summary of outstanding problems in 
        carrying out this chapter, in order of priority.''.</DELETED>
<DELETED>    (c) Disclosure of Agency Action.--Section 5117(g) of title 
49, United States Code, is amended to read as follows:</DELETED>
<DELETED>    ``(g) Disclosure of Agency Action.--The Secretary shall--
</DELETED>
        <DELETED>    ``(1) periodically, but at least every 120 days--
        </DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(B) make available to the public on the 
                Department of Transportation website--</DELETED>
                        <DELETED>    ``(i) notice of the final 
                        disposition of any other special permit during 
                        the preceding quarter;</DELETED>
                        <DELETED>    ``(ii) a list of special permits 
                        in effect; and</DELETED>
                        <DELETED>    ``(iii) a summary of the basis for 
                        each special permit; and</DELETED>
        <DELETED>    ``(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.''.</DELETED>

<DELETED>SEC. 12. ELIMINATING UNNECESSARY REPORTING REQUIREMENTS FOR 
              THE REGIONAL INFRASTRUCTURE ACCELERATOR DEMONSTRATION 
              PROGRAM.</DELETED>

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

<DELETED>SEC. 13. CONSOLIDATED REPORTING ON STATUTORY MANDATES AND 
              RECOMMENDATIONS.</DELETED>

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

<DELETED>``SEC. 106. REPORTS ON STATUTORY MANDATES AND 
              RECOMMENDATIONS.</DELETED>

<DELETED>    ``The Secretary shall--</DELETED>
        <DELETED>    ``(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;</DELETED>
        <DELETED>    ``(2) update the description under paragraph (1) 
        not less than annually; and</DELETED>
        <DELETED>    ``(3) make the description, including any updates 
        thereto, available by--</DELETED>
                <DELETED>    ``(A) posting the description on the 
                website of the Department of Transportation;</DELETED>
                <DELETED>    ``(B) including the description in the 
                regulatory flexibility agenda under section 602 of 
                title 5, United States Code; or</DELETED>
                <DELETED>    ``(C) providing the description in a 
                regulatory planning document.''.</DELETED>

<DELETED>SEC. 14. REPORTING ON THE NORTHEAST CORRIDOR.</DELETED>

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

<DELETED>SEC. 15. IN-VEHICLE ALCOHOL DETECTION DEVICE RESEARCH 
              REPORTS.</DELETED>

<DELETED>    Section 403 of title 23, United States Code, is amended--
</DELETED>
        <DELETED>    (1) in subsection (f)(1), by striking ``subsection 
        402(c)'' and inserting ``section 402(c)''; and</DELETED>
        <DELETED>    (2) in subsection (h)(4), in the matter preceding 
        subparagraph (A), by striking ``submit an annual report'' and 
        inserting ``submit a biennial report''.</DELETED>

<DELETED>SEC. 16. HIGHWAY SAFETY PROGRAMS REPORT TO CONGRESS.</DELETED>

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

<DELETED>SEC. 17. WAIVER NOTIFICATION AND ANNUAL REPORTS.</DELETED>

<DELETED>    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''.</DELETED>

<DELETED>SEC. 18. CESSATION OF CERTAIN ADVISORY COUNCILS AND ADVISORY 
              COMMITTEES.</DELETED>

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

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.

    (a) In General.--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).
    (b) Annual Report.--Section 1117 of title 49, United States Code, 
is amended to read as follows:
``Sec. 1117. Annual report
    ``(a) In General.--The National Transportation Safety Board shall 
submit the information described in subsection (b)--
            ``(1) in a report to Congress on July 1 of each year; or
            ``(2) as part of its annual budget.
    ``(b) Contents.--The information described in this subsection 
includes--
            ``(1) a statistical and analytical summary of the 
        transportation accident investigations conducted and reviewed 
        by the Board during the prior calendar year;
            ``(2)(A) a survey and summary of the recommendations made 
        by the Board to reduce the likelihood of recurrence of those 
        accidents together with the observed response to each 
        recommendation; and
            ``(B) an appendix that includes, for each recommendation 
        that was made by the Board, remains open, and requires a 
        response from the Secretary, the most recent observed response 
        from the Secretary to such recommendation;
            ``(3) a detailed appraisal of the accident investigation 
        and accident prevention activities of other departments, 
        agencies, and instrumentalities of the United States Government 
        and State and local governmental authorities having 
        responsibility for those activities under a law of the United 
        States or a State;
            ``(4) a description of the activities and operations of the 
        National Transportation Safety Board Academy during the prior 
        calendar year;
            ``(5) a list of accidents, during the prior calendar year, 
        that the Board was required to investigate under section 1131 
        but did not investigate and an explanation of why they were not 
        investigated; and
            ``(6) a list of ongoing investigations that have exceeded 
        the expected time allotted for completion by Board order and an 
        explanation for the additional time required to complete each 
        such investigation.''.

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

    (a) DOT Reports.--Section 402 of title 23, United States Code, is 
amended by striking subsection (n) and inserting the following:
    ``(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) GAO Report.--
            (1) 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) 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.

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) 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:
            ``(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.''.
    (c) 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.''.
                                                       Calendar No. 677

115th CONGRESS

  2d Session

                                S. 3367

                          [Report No. 115-390]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                           November 27, 2018

                       Reported with an amendment