Signed Legislation: Surface Transportation Reauthorization and Reform Act of 2015 (Part 17)

Read part I of  Surface Transportation Reauthorization and Reform Act of 2015

SEC. 6022. COLLABORATION AND SUPPORT.

The Secretary may solicit the support of, and identify opportunities to collaborate with, other Federal research agencies and national laboratories to assist in the effective and efficient pursuit and resolution of research challenges identified by the Secretary.

SEC. 6023. PRIZE COMPETITIONS.

Section 502(b)(7) of title 23, United States Code, is amended--

(1) in subparagraph (D)--

(A) by inserting `(such as www.challenge.gov)' after `public website';

(B) by redesignating clauses (iii) and (iv) as clauses (iv) and (v), respectively;

(C) by inserting after clause (ii) the following:

`(iii) the process for participants to register for the competition;'; and

(D) in clause (iv) (as redesignated by subparagraph (B)) by striking `prize' and inserting `cash prize purse';

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(2) in subparagraph (E) by striking `prize' both places it appears and inserting `cash prize purse';

(3) by redesignating subparagraphs (F) through (K) as subparagraphs (G) through (L), respectively;

(4) by inserting after subparagraph (E) the following:

`(F) USE OF FEDERAL FACILITIES; CONSULTATION WITH FEDERAL EMPLOYEES- An individual or entity is not ineligible to receive a cash prize purse under this paragraph as a result of the individual or entity using a Federal facility or consulting with a Federal employee related to the individual or entity's participation in a prize competition under this paragraph unless the same facility or employee is made available to all individuals and entities participating in the prize competition on an equitable basis.';

(5) in subparagraph (G) (as redesignated by paragraph (3) of this section)--

(A) in clause (i)(I) by striking `competition' and inserting `prize competition under this paragraph';

(B) in clause (ii)(I)--

(i) by striking `participation in a competition' and inserting `participation in a prize competition under this paragraph'; and

(ii) by striking `competition activities' and inserting `prize competition activities'; and

(C) by adding at the end the following:

`(iii) INTELLECTUAL PROPERTY-

`(I) PROHIBITION ON REQUIRING WAIVER- The Secretary may not require a participant to waive claims against the Department arising out of the unauthorized use or disclosure by the Department of the intellectual property, trade secrets, or confidential business information of the participant.

`(II) PROHIBITION ON GOVERNMENT ACQUISITION OF INTELLECTUAL PROPERTY RIGHTS- The Federal Government may not gain an interest in intellectual property developed by a participant for a prize competition under this paragraph without the written consent of the participant.

`(III) LICENSES- The Federal Government may negotiate a license for the use of intellectual property developed by a participant for a prize competition under this paragraph.';

(6) in subparagraph (H)(i) (as redesignated by paragraph (3) of this section) by striking `subparagraph (H)' and inserting `subparagraph (I)';

(7) in subparagraph (I) (as redesignated by paragraph (3) of this section) by striking `an agreement with a private, nonprofit entity' and inserting `a grant, contract, cooperative agreement, or other agreement with a private sector for-profit or nonprofit entity';

(8) in subparagraph (J) (as redesignated by paragraph (3) of this section)--

(A) in clause (i)--

(i) in subclause (I) by striking `the private sector' and inserting `private sector for-profit and nonprofit entities, to be available to the extent provided by appropriations Acts';

(ii) in subclause (II) by striking `and metropolitan planning organizations' and inserting `metropolitan planning organizations, and private sector for-profit and nonprofit entities'; and

(iii) in subclause (III) by inserting `for-profit or nonprofit' after `private sector';

(B) in clause (ii) by striking `prize awards' and inserting `cash prize purses';

(C) in clause (iv)--

(i) by inserting `competition' after `A prize'; and

(ii) by striking `the prize' and inserting `the cash prize purse';

(D) in clause (v)--

(i) by striking `amount of a prize' and inserting `amount of a cash prize purse';

(ii) by inserting `competition' after `announcement of the prize'; and

(iii) in subclause (I) by inserting `competition' after `prize';

(E) in clause (vi) by striking `offer a prize' and inserting `offer a cash prize purse'; and

(F) in clause (vii) by striking `cash prizes' and inserting `cash prize purses';

(9) in subparagraph (K) (as redesignated by paragraph (3) of this section) by striking `or providing a prize' and inserting `a prize competition or providing a cash prize purse'; and

(10) in subparagraph (L)(ii) (as redesignated by paragraph (3) of this section)--

(A) in subclause (I) by striking `The Secretary' and inserting `Not later than March 1 of each year, the Secretary'; and

(B) in subclause (II)--

(i) in item (cc) by striking `cash prizes' both places it appears and inserting `cash prize purses'; and

(ii) in item (ee) by striking `agency' and inserting `Department'.

SEC. 6024. GAO REPORT.

Not later than 2 years after the date of enactment of this Act, the Comptroller General of the United States shall make available to the public a report that--

(1) assesses the status of autonomous transportation technology policy developed by public entities in the United States;

(2) assesses the organizational readiness of the Department to address autonomous vehicle technology challenges, including consumer privacy protections; and

(3) recommends implementation paths for autonomous transportation technology, applications, and policies that are based on the assessment described in paragraph (2).

SEC. 6025. INTELLIGENT TRANSPORTATION SYSTEM PURPOSES.

Section 514(b) of title 23, United States Code, is amended--

(1) in paragraph (8) by striking `and' at the end;

(2) in paragraph (9) by striking the period at the end and inserting `; and'; and

(3) by adding at the end the following:

`(10) to assist in the development of cybersecurity standards in cooperation with relevant modal administrations of the Department of Transportation and other Federal agencies to help prevent hacking, spoofing, and disruption of connected and automated transportation vehicles.'.

SEC. 6026. INFRASTRUCTURE INTEGRITY.

Section 503(b)(3)(C) of title 23, United States Code, is amended--

(1) in clause (xviii) by striking `and' at the end;

(2) in clause (xix) by striking the period at the end and inserting `; and'; and

(3) by adding at the end the following:

`(xx) corrosion prevention measures for the structural integrity of bridges.'.

SEC. 6027. TRANSPORTATION RESEARCH AND DEVELOPMENT 5-YEAR STRATEGIC PLAN.

(a) In General- The Secretary shall develop a 5-year transportation research and development strategic plan for fiscal years 2018 through 2022 to guide future Federal transportation research and development activities.

(b) Consistency- The strategic plan developed under subsection (a) shall be consistent with--

(1) section 306 of title 5, United States Code;

(2) sections 1115 and 1116 of title 31, United States Code;

(3) section 508 of title 23, United States Code; and

(4) any other research and development plan within the Department.

(c) Contents- The strategic plan developed under subsection (a) shall--

(1) describe the primary purposes of the transportation research and development program;

(2) list the proposed research and development activities that the Department intends to pursue to accomplish under the strategic plan, which may include--

(A) fundamental research pertaining to the applied physical and natural sciences;

(B) applied science and research;

(C) technology development research; and

(D) social science research; and

(3) for each research and development activity--

(A) identify the anticipated annual funding levels for the period covered by the strategic plan; and

(B) describe the research findings the Department expects to discover at the end of the period covered by the strategic plan.

(d) Considerations- The Secretary shall ensure that the strategic plan developed under this section--

(1) reflects input from external stakeholders;

(2) includes and integrates the research and development programs of all of the Department's modal administrations and joint programs;

(3) takes into account research and development by other Federal, State, local, private sector, and nonprofit institutions; and

(4) is published on a public website by December 31, 2016.

(e) Report-

(1) NATIONAL RESEARCH COUNCIL REVIEW- The Secretary shall enter into an agreement with the National Research Council for a review and analysis of the Department's 5-year research and development strategic plan described in this section. By March 31, 2017, the Secretary shall publish on a public website the National Research Council's analysis of the Department's plan.

(2) INTERIM REPORT- By June 30, 2019, the Secretary shall publish on a public website an interim report that--

(A) provides an assessment of the Department's 5-year research and development strategic plan described in this section that includes a description of the extent to which the research and development is or is not successfully meeting the purposes described under subsection (c)(1); and

(B) addresses any concerns and identifies any gaps that may have been raised by the National Research Council analysis under paragraph (1), including how the plan is or is not responsive to the National Research Council review.

SEC. 6028. TRAFFIC CONGESTION.

(a) Congestion Research- The Assistant Secretary may conduct research on the reduction of traffic congestion.

(b) Consideration- The Assistant Secretary shall--

(1) recommend research to accelerate the adoption of transportation management systems that allow traffic to flow in the safest and most efficient manner possible while alleviating current and future traffic congestion challenges;

(2) assess and analyze traffic, transit, and freight data from various sources relevant to efforts to reduce traffic congestion so as to maximize mobility, efficiency, and capacity while decreasing congestion and travel times;

(3) examine the use and integration of multiple data types from multiple sources and technologies, including road weather data, private vehicle (including Global Positioning System) data, arterial and highway traffic conditions, transit vehicle arrival and departure times, real time navigation routing, construction zone information, and reports of incidents, to suggest improvements in effective communication of such data and information in real time;

(4) develop and disseminate suggested strategies and solutions to reduce congestion for high-density traffic regions and to provide mobility in the event of an emergency or natural disaster; and

(5) collaborate with other relevant Federal agencies, State and local agencies, industry and industry associations, and university research centers to fulfill goals and objectives under this section.

(c) Identifying Information- The Assistant Secretary shall ensure that information used pursuant to this section does not contain identifying information of any individual.

(d) Report- Not later than 1 year after the date of enactment of this Act, the Assistant Secretary shall make available on a public website a report on its activities under this section.

SEC. 6029. RAIL SAFETY.

Not later than 1 year after the date of enactment of this Act, the Assistant Secretary of Transportation for Research and Technology may transmit to Congress a report containing--

(1) the results of a study to examine the state of rail safety technologies and an analysis of whether the passenger, commuter, and transit rail transportation industries are keeping up with innovations in technologies to make rail cars safer for passengers and transport of commerce; and

(2) a determination of how much additional time and public and private resources will be required for railroad carriers to meet the positive train control system implementation requirements under section 20157 of title 49, United States Code.

SEC. 6030. STUDY AND REPORT ON REDUCING THE AMOUNT OF VEHICLES OWNED BY CERTAIN FEDERAL DEPARTMENTS AND INCREASING THE USE OF COMMERCIAL RIDE-SHARING BY THOSE DEPARTMENTS.

(a) Study- The Comptroller General of the United States shall conduct a study on the feasibility of--

(1) reducing the amount of vehicles owned by a covered department; and

(2) increasing the use of commercial ride-sharing companies by a covered department.

(b) Report- Not later than 1 year after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress a report that contains the results and conclusions of the study conducted under subsection (a).

(c) Covered Department Defined- In this section, the term `covered department' means each of the following:

(1) The Department of Agriculture.

(2) The Department of the Interior.

(3) The Department of Energy.

TITLE VII--HAZARDOUS MATERIALS TRANSPORTATION

SEC. 7001. SHORT TITLE.

This title may be cited as the `Hazardous Materials Transportation Safety Improvement Act of 2015'.

SEC. 7002. AUTHORIZATION OF APPROPRIATIONS.

Section 5128 of title 49, United States Code, is amended to read as follows:

`Sec. 5128. Authorization of appropriations

`(a) In General- There are authorized to be appropriated to the Secretary to carry out this chapter (except sections 5107(e), 5108(g)(2), 5113, 5115, 5116, and 5119)--

`(1) $53,000,000 for fiscal year 2016;

`(2) $55,000,000 for fiscal year 2017;

`(3) $57,000,000 for fiscal year 2018;

`(4) $58,000,000 for fiscal year 2019;

`(5) $60,000,000 for fiscal year 2020; and

`(6) $62,000,000 for fiscal year 2021.

`(b) Hazardous Materials Emergency Preparedness Fund- From the Hazardous Materials Emergency Preparedness Fund established under section 5116(h), the Secretary may expend, for each of fiscal years 2016 through 2021--

`(1) $21,988,000 to carry out section 5116(a);

`(2) $150,000 to carry out section 5116(e);

`(3) $625,000 to publish and distribute the Emergency Response Guidebook under section 5116(h)(3); and

`(4) $1,000,000 to carry out section 5116(i).

`(c) Hazardous Materials Training Grants- From the Hazardous Materials Emergency Preparedness Fund established pursuant to section 5116(h), the Secretary may expend $5,000,000 for each of fiscal years 2016 through 2021 to carry out section 5107(e).

`(d) Credits to Appropriations-

`(1) EXPENSES- In addition to amounts otherwise made available to carry out this chapter, the Secretary may credit amounts received from a State, Indian tribe, or other public authority or private entity for expenses the Secretary incurs in providing training to the State, Indian tribe, authority, or entity.

`(2) AVAILABILITY OF AMOUNTS- Amounts made available under this section shall remain available until expended.'.

SEC. 7003. NATIONAL EMERGENCY AND DISASTER RESPONSE.

Section 5103 of title 49, United States Code, is amended--

(1) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; and

(2) by inserting after subsection (b) the following:

`(c) Federally Declared Disasters and Emergencies-

`(1) IN GENERAL- The Secretary may by order waive compliance with any part of an applicable standard prescribed under this chapter without prior notice and comment and on terms the Secretary considers appropriate if the Secretary determines that--

`(A) it is in the public interest to grant the waiver;

`(B) the waiver is not inconsistent with the safety of transporting hazardous materials; and

`(C) the waiver is necessary to facilitate the safe movement of hazardous materials into, from, and within an area of a major disaster or emergency that has been declared under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.).

`(2) PERIOD OF WAIVER- A waiver under this subsection may be issued for a period of not more than 60 days and may be renewed upon application to the Secretary only after notice and an opportunity for a hearing on the waiver. The Secretary shall immediately revoke the waiver if continuation of the waiver would not be consistent with the goals and objectives of this chapter.

`(3) STATEMENT OF REASONS- The Secretary shall include in any order issued under this section the reason for granting the waiver.'.

SEC. 7004. ENHANCED REPORTING.

Section 5121(h) of title 49, United States Code, is amended by striking `transmit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate' and inserting `make available to the public on the Department of Transportation's Internet Web site'.

SEC. 7005. WETLINES.

(a) Withdrawal- Not later than 30 days after the date of enactment of this Act, the Secretary shall withdraw the proposed rule described in the notice of proposed rulemaking issued on January 27, 2011, entitled `Safety Requirements for External Product Piping on Cargo Tanks Transporting Flammable Liquids' (76 Fed. Reg. 4847).

(b) Savings Clause- Nothing in this section shall prohibit the Secretary from issuing standards or regulations regarding the safety of external product piping on cargo tanks transporting flammable liquids after the withdrawal is carried out pursuant to subsection (a).

SEC. 7006. IMPROVING PUBLICATION OF SPECIAL PERMITS AND APPROVALS.

Section 5117 of title 49, United States Code, is amended--

(1) in subsection (b)--

(A) by striking `an application for a special permit' and inserting `an application for a new special permit or a modification to an existing special permit'; and

(B) by inserting after the first sentence the following: `The Secretary shall make available to the public on the Department of Transportation's Internet Web site any special permit other than a new special permit or a modification to an existing special permit and shall give the public an opportunity to inspect the safety analysis and comment on the application for a period of not more than 15 days.'; and

(2) in subsection (c)--

(A) by striking `publish' and inserting `make available to the public';

(B) by striking `in the Federal Register';

(C) by striking `180' and inserting `120'; and

(D) by striking `the special permit' each place it appears and inserting `a special permit or approval'; and

(3) by adding at the end the following:

`(g) Disclosure of Final Action- The Secretary shall periodically, but at least every 120 days--

`(1) 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

`(2) make available to the public on the Department of Transportation's Internet Web site notice of the final disposition of any other special permit during the preceding quarter.'.

SEC. 7007. GAO STUDY ON ACCEPTANCE OF CLASSIFICATION EXAMINATIONS.

(a) In General- Not later than 120 days after the date of enactment of this Act, the Comptroller General of the United States shall evaluate and transmit to the Secretary, the Committee on Transportation and Infrastructure of the House of Representatives, and the Committee on Commerce, Science, and Transportation of the Senate, a report on the standards, metrics, and protocols that the Secretary uses to regulate the performance of persons approved to recommend hazard classifications pursuant to section 173.56(b) of title, 49, Code of Federal Regulations (commonly referred to as `third-party labs').

(b) Evaluation- The evaluation required under subsection (a) shall--

(1) identify what standards and protocols are used to approve such persons, assess the adequacy of such standards and protocols to ensure that persons seeking approval are qualified and capable of performing classifications, and make recommendations to address any deficiencies identified;

(2) assess the adequacy of the Secretary's oversight of persons approved to perform the classifications, including the qualification of individuals engaged in the oversight of approved persons, and make recommendations to enhance oversight sufficiently to ensure that classifications are issued as required;

(3) identify what standards and protocols exist to rescind, suspend, or deny approval of persons who perform such classifications, assess the adequacy of such standards and protocols, and make recommendations to enhance such standards and protocols if necessary; and

(4) include annual data for fiscal years 2005 through 2015 on the number of applications received for new classifications pursuant to section 173.56(b) of title 49, Code of Federal Regulations, of those applications how many classifications recommended by persons approved by the Secretary were changed to another classification and the reasons for the change, and how many hazardous materials incidents have been attributed to a classification recommended by such approved persons in the United States.

(c) Action Plan- Not later than 120 days after receiving the report required under subsection (a), the Secretary shall make available to the public a plan describing any actions the Secretary will take to establish standards, metrics, and protocols based on the findings and recommendations in the report to ensure that persons approved to perform classification examinations required under section 173.56(b) of title 49, Code of Federal Regulations, can sufficiently perform such examinations in a manner that meets the hazardous materials regulations.

(d) Regulations- If the report required under subsection (a) recommends new regulations in order for the Secretary to have confidence in the accuracy of classification recommendations rendered by persons approved to perform classification examinations required under section 173.56(b) of title 49, Code of Federal Regulations, the Secretary shall issue such regulations not later than 24 months after the date of enactment of this Act.

SEC. 7008. IMPROVING THE EFFECTIVENESS OF PLANNING AND TRAINING GRANTS.

(a) Planning and Training Grants- Section 5116 of title 49, United States Code, is amended--

(1) by redesignating subsections (c) through (k) as subsections (b) through (j), respectively,

(2) by striking subsection (b); and

(3) by striking subsection (a) and inserting the following:

`(a) Planning and Training Grants- (1) The Secretary shall make grants to States and Indian tribes--

`(A) to develop, improve, and carry out emergency plans under the Emergency Planning and Community Right-To-Know Act of 1986 (42 U.S.C. 11001 et seq.), including ascertaining flow patterns of hazardous material on lands under the jurisdiction of a State or Indian tribe, and between lands under the jurisdiction of a State or Indian tribe and lands of another State or Indian tribe;

`(B) to decide on the need for regional hazardous material emergency response teams; and

`(C) to train public sector employees to respond to accidents and incidents involving hazardous material.

`(2) To the extent that a grant is used to train emergency responders under paragraph (1)(C), the State or Indian tribe shall provide written certification to the Secretary that the emergency responders who receive training under the grant will have the ability to protect nearby persons, property, and the environment from the effects of accidents or incidents involving the transportation of hazardous material in accordance with existing regulations or National Fire Protection Association standards for competence of responders to accidents and incidents involving hazardous materials.

`(3) The Secretary may make a grant to a State or Indian tribe under paragraph (1) of this subsection only if--

`(A) the State or Indian tribe certifies that the total amount the State or Indian tribe expends (except amounts of the Federal Government) for the purpose of the grant will at least equal the average level of expenditure for the last 5 years; and

`(B) any emergency response training provided under the grant shall consist of--

`(i) a course developed or identified under section 5115 of this title; or

`(ii) any other course the Secretary determines is consistent with the objectives of this section.

`(4) A State or Indian tribe receiving a grant under this subsection shall ensure that planning and emergency response training under the grant is coordinated with adjacent States and Indian tribes.

`(5) A training grant under paragraph (1)(C) may be used--

`(A) to pay--

`(i) the tuition costs of public sector employees being trained;

`(ii) travel expenses of those employees to and from the training facility;

`(iii) room and board of those employees when at the training facility; and

`(iv) travel expenses of individuals providing the training;

`(B) by the State, political subdivision, or Indian tribe to provide the training; and

`(C) to make an agreement with a person (including an authority of a State, a political subdivision of a State or Indian tribe, or a local jurisdiction), subject to approval by the Secretary, to provide the training--

`(i) if the agreement allows the Secretary and the State or Indian tribe to conduct random examinations, inspections, and audits of the training without prior notice;

`(ii) the person agrees to have an auditable accounting system; and

`(iii) if the State or Indian tribe conducts at least one on-site observation of the training each year.

`(6) The Secretary shall allocate amounts made available for grants under this subsection among eligible States and Indian tribes based on the needs of the States and Indian tribes for emergency response training and planning. In making a decision about those needs, the Secretary shall consider--

`(A) the number of hazardous material facilities in the State or on land under the jurisdiction of the Indian tribe;

`(B) the types and amounts of hazardous material transported in the State or on such land;

`(C) whether the State or Indian tribe imposes and collects a fee on transporting hazardous material;

`(D) whether such fee is used only to carry out a purpose related to transporting hazardous material;

`(E) the past record of the State or Indian tribe in effectively managing planning and training grants; and

`(F) any other factors the Secretary determines are appropriate to carry out this subsection.'.

(b) Technical and Conforming Amendments-

(1) Section 5108(g) of title 49, United States Code, is amended by striking `5116(i)' each place it appears and inserting `5116(h)'.

(2) Section 5116 of such title is amended--

(A) in subsection (d), as redesignated by this section, by striking `subsections (a)(2)(A) and (b)(2)(A)' and inserting `subsection (a)(3)(A)';

(B) in subsection (h), as redesignated by this section--

(i) in paragraph (1) by inserting `and section 5107(e)' after `section';

(ii) in paragraph (2) by striking `(f)' and inserting `(e)'; and

(iii) in paragraph (4) by striking `5108(g)(2) and 5115' and inserting `5107(e) and 5108(g)(2)';

(C) in subsection (i), as redesignated by this section, by striking `subsection (b)' and inserting `subsection (a)'; and

(D) in subsection (j), as redesignated by this section--

(i) by striking `planning grants allocated under subsection (a), training grants under subsection (b), and grants under subsection (j)' and inserting `planning and training grants under subsection (a) and grants under subsection (i)'; and

(ii) by redesignating subparagraphs (A) through (D) as paragraphs (1) through (4), respectively.

(c) Enforcement Personnel- Section 5107(e) of title 49, United States Code, is amended by inserting `, State and local personnel responsible for enforcing the safe transportation of hazardous materials, or both' after `hazmat employees' each place it appears.

SEC. 7009. MOTOR CARRIER SAFETY PERMITS.

Section 5109(h) of title 49, United States Code, is amended to read as follows:

`(h) Limitation on Denial- The Secretary may not deny a non-temporary permit held by a motor carrier pursuant to this section based on a comprehensive review of that carrier triggered by safety management system scores or out-of-service disqualification standards, unless--

`(1) the carrier has the opportunity, prior to the denial of such permit, to submit a written description of corrective actions taken and other documentation the carrier wishes the Secretary to consider, including a corrective action plan; and

`(2) the Secretary determines the actions or plan is insufficient to address the safety concerns identified during the course of the comprehensive review.'.

SEC. 7010. THERMAL BLANKETS.

(a) Requirements- Not later than 180 days after the date of enactment of this Act, the Secretary shall issue such regulations as are necessary to require that each tank car built to meet the DOT-117 specification and each non-jacketed tank car modified to meet the DOT-117R specification be equipped with an insulating blanket with at least 1/2 -inch-thick material that has been approved by the Secretary pursuant to section 179.18(c) of title 49, Code of Federal Regulations.

(b) Savings Clause- Nothing in this section shall prohibit the Secretary from approving new or alternative technologies or materials as they become available that provide a level of safety at least equivalent to the level of safety provided for under subsection (a).

SEC. 7011. COMPREHENSIVE OIL SPILL RESPONSE PLANS.

(a) In General- Chapter 51 of title 49, United States Code, is amended by inserting after section 5110 the following:

`Sec. 5111. Comprehensive oil spill response plans

`(a) Requirements- Not later than 120 days after the date of enactment of this section, the Secretary shall issue such regulations as are necessary to require any railroad carrier transporting a Class 3 flammable liquid to maintain a comprehensive oil spill response plan. In developing such regulations, the Secretary shall consult with States to determine whether there are safety hazards or concerns specific to a State that should be taken into account in developing the requirements for a comprehensive oil spill response plan.

`(b) Contents- The regulations under subsection (a) shall require each railroad carrier described in that subsection to--

`(1) include in the comprehensive oil spill response plan procedures and resources, including equipment, for responding, to the maximum extent practicable, to a worst-case discharge;

`(2) ensure that the comprehensive oil spill response plan is consistent with the National Contingency Plan and each applicable Area Contingency Plan;

`(3) include in the comprehensive oil spill response plan appropriate notification and training procedures and procedures for coordinating with Federal, State, and local emergency responders;

`(4) review and update its comprehensive oil spill response plan as appropriate; and

`(5) provide the comprehensive oil spill response plan for acceptance by the Secretary.

`(c) Savings Clause- Nothing in the section may be construed to prohibit the Secretary from promulgating differing comprehensive oil response plan standards for Class I railroads, Class II railroads, and Class III railroads.

`(d) Response Plans- The Secretary shall--

`(1) maintain on file a copy of the most recent comprehensive oil spill response plans prepared by a railroad carrier transporting a Class 3 flammable liquid; and

`(2) provide to a person, upon written request, a copy of the plan, which may exclude, as the Secretary determines appropriate--

`(A) proprietary information;

`(B) security-sensitive information, including information described in section 1520.5(a) of title 49, Code of Federal Regulations;

`(C) specific response resources and tactical resource deployment plans; and

`(D) the specific amount and location of worst-case discharges, including the process by which a railroad carrier determines the worst-case discharge.

`(e) Relationship to FOIA- Nothing in this section may be construed to require disclosure of information or records that are exempt from disclosure under section 552 of title 5.

`(f) Definitions-

`(1) AREA CONTINGENCY PLAN- The term `Area Contingency Plan' has the meaning given the term in section 311(a) of the Federal Water Pollution Control Act (33 U.S.C. 1321(a)).

`(2) CLASS 3 FLAMMABLE LIQUID- The term `Class 3 flammable liquid' has the meaning given the term flammable liquid in section 173.120 of title 49, Code of Federal Regulations.

`(3) CLASS I RAILROAD; CLASS II RAILROAD; AND CLASS III RAILROAD- The terms `Class I railroad', `Class II railroad', and `Class III railroad' have the meaning given those terms in section 20102.

`(4) NATIONAL CONTINGENCY PLAN- The term `National Contingency Plan' has the meaning given the term in section 1001 of the Oil Pollution Act of 1990 (33 U.S.C. 2701).

`(5) RAILROAD CARRIER- The term `railroad carrier' has the meaning given the term in section 20102.

`(6) WORST-CASE DISCHARGE- The term `worst-case discharge' means the largest foreseeable discharge of oil in the event of an accident or incident, as determined by each railroad carrier in accordance with regulations issued under this section.'.

(b) Clerical Amendment- The analysis for chapter 51 of title 49, United States Code, is amended by inserting after the item relating to section 5110 the following:

`5111. Comprehensive oil spill response plans.'.

SEC. 7012. INFORMATION ON HIGH-HAZARD FLAMMABLE TRAINS.

(a) Information on High-Hazard Flammable Trains- Not later than 90 days after the date of enactment of this Act, the Secretary shall issue regulations to require each applicable railroad carrier to provide information on high-hazard flammable trains to State emergency response commissions consistent with Emergency Order Docket No. DOT-OST-2014-0067, and include appropriate protections from public release of proprietary information and security-sensitive information, including information described in section 1520.5(a) of title 49, Code of Federal Regulations.

(b) High-Hazard Flammable Train- The term `high-hazard flammable train' means a single train transporting 20 or more tank cars loaded with a Class 3 flammable liquid, as such term is defined in section 173.120 of title 49, Code of Federal Regulations, in a continuous block or a single train transporting 35 or more tank cars loaded with a Class 3 flammable liquid throughout the train consist.

SEC. 7013. STUDY AND TESTING OF ELECTRONICALLY CONTROLLED PNEUMATIC BRAKES.

(a) Government Accountability Office Study-

(1) IN GENERAL- The Comptroller General of the United States shall conduct an independent evaluation of ECP brake systems, pilot program data, and the Department's research and analysis on the costs, benefits, and effects of ECP brake systems.

(2) STUDY ELEMENTS- In completing the independent evaluation under paragraph (1), the Comptroller General of the United States shall examine the following issues related to ECP brake systems:

(A) Data and modeling results on safety benefits relative to conventional brakes and to other braking technologies or systems, such as distributed power and 2-way end-of-train devices.

(B) Data and modeling results on business benefits, including the effects of dynamic braking.

(C) Data on costs, including up-front capital costs and on-going maintenance costs.

(D) Analysis of potential operational benefits and challenges, including the effects of potential locomotive and car segregation, technical reliability issues, and network disruptions.

(E) Analysis of potential implementation challenges, including installation time, positive train control integration complexities, component availability issues, and tank car shop capabilities.

(F) Analysis of international experiences with the use of advanced braking technologies.

(3) REPORT- Not later than 18 months after the date of enactment of this Act, the Comptroller General of the United States shall transmit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the results of the independent evaluation under paragraph (1).

(b) Emergency Braking Application Testing-

(1) IN GENERAL- The Secretary shall enter into an agreement with the National Academy of Sciences to--

(A) complete testing of ECP brake systems during emergency braking application, including more than 1 scenario involving the uncoupling of a train with 70 or more DOT-117-specification or DOT-117R-specification tank cars; and

(B) transmit, not later than 18 months after the date of enactment of this Act, to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the results of the testing.

(2) INDEPENDENT EXPERTS- In completing the testing under paragraph (1)(A), the National Academy of Sciences may contract with 1 or more engineering or rail experts, as appropriate, that--

(A) are not railroad carriers, entities funded by such carriers, or entities directly impacted by the final rule issued on May 8, 2015, entitled `Enhanced Tank Car Standards and Operational Controls for High-Hazard Flammable Trains' (80 Fed. Reg. 26643); and

(B) have relevant experience in conducting railroad safety technology tests or similar crash tests.

(3) TESTING FRAMEWORK- In completing the testing under paragraph (1), the National Academy of Sciences and each contractor described in paragraph (2) shall ensure that the testing objectively, accurately, and reliably measures the performance of ECP brake systems relative to other braking technologies or systems, such as distributed power and 2-way end-of-train devices, including differences in--

(A) the number of cars derailed;

(B) the number of cars punctured;

(C) the measures of in-train forces; and

(D) the stopping distance.

(4) FUNDING- The Secretary shall provide funding, as part of the agreement under paragraph (1), to the National Academy of Sciences for the testing required under this section--

(A) using sums made available to carry out sections 20108 and 5118 of title 49, United States Code; and

(B) to the extent funding under subparagraph (A) is insufficient or unavailable to fund the testing required under this section, using such sums as are necessary from the amounts appropriated to the Secretary, the Federal Railroad Administration, or the Pipeline and Hazardous Materials Safety Administration, or a combination thereof.

(5) EQUIPMENT- The National Academy of Sciences and each contractor described in paragraph (2) may receive or use rolling stock, track, and other equipment or infrastructure from a private entity for the purposes of conducting the testing required under this section.

(c) Evidence-Based Approach-

(1) ANALYSIS- The Secretary shall--

(A) not later than 90 days after the report date, fully incorporate and update the regulatory impact analysis of the final rule described in subsection (b)(2)(A) of the costs, benefits, and effects of the applicable ECP brake system requirements;

(B) as soon as practicable after completion of the updated analysis under subparagraph (A), solicit public comment on the analysis for a period of not more than 30 days; and

(C) not later than 60 days after the end of the public comment period under subparagraph (B), post the final updated regulatory impact analysis on the Department of Transportation's Internet Web site.

(2) DETERMINATION- Not later than 180 days after the report date, the Secretary shall--

(A) determine, based on whether the final regulatory impact analysis described in paragraph (1)(C) demonstrates that the benefits, including safety benefits, of the applicable ECP brake system requirements exceed the costs of such requirements, whether the applicable ECP brake system requirements are justified;

(B) if the applicable ECP brake system requirements are justified, publish in the Federal Register the determination and reasons for such determination; and

(C) if the Secretary does not publish the determination under subparagraph (B), repeal the applicable ECP brake system requirements.

(3) SAVINGS CLAUSE- Nothing in this section shall be construed to prohibit the Secretary from implementing the final rule described under subsection (b)(2)(A) prior to the determination required under subsection (c)(2) of this section, or require the Secretary to promulgate a new rulemaking on the provisions of such final rule, other than the applicable ECP brake system requirements, if the Secretary determines that the applicable ECP brake system requirements are not justified pursuant to this subsection.

(d) Definitions- In this section, the following definitions apply:

(1) APPLICABLE ECP BRAKE SYSTEM REQUIREMENTS- The term `applicable ECP brake system requirements' means sections 174.310(a)(3)(ii), 174.310(a)(3)(iii), 174.310(a)(5)(v), 179.202-12(g), and 179.202-13(i) of title 49, Code of Federal Regulations, and any other regulation in effect on the date of enactment of this Act requiring the installation of ECP brakes or operation in ECP brake mode.

(2) CLASS 3 FLAMMABLE LIQUID- The term `Class 3 flammable liquid' has the meaning given the term flammable liquid in section 173.120(a) of title 49, Code of Federal Regulations.

(3) ECP- The term `ECP' means electronically controlled pneumatic when applied to a brake or brakes.

(4) ECP BRAKE MODE- The term `ECP brake mode' includes any operation of a rail car or an entire train using an ECP brake system.

(5) ECP BRAKE SYSTEM-

(A) IN GENERAL- The term `ECP brake system' means a train power braking system actuated by compressed air and controlled by electronic signals from the locomotive or an ECP-EOT to the cars in the consist for service and emergency applications in which the brake pipe is used to provide a constant supply of compressed air to the reservoirs on each car but does not convey braking signals to the car.

(B) INCLUSIONS- The term `ECP brake system' includes dual mode and stand-alone ECP brake systems.

(6) RAILROAD CARRIER- The term `railroad carrier' has the meaning given the term in section 20102 of title 49, United States Code.

(7) REPORT DATE- The term `report date' means the date that the reports under subsections (a)(3) and (b)(1)(B) are required to be transmitted pursuant to those subsections.

SEC. 7014. STUDY ON THE EFFICACY AND IMPLEMENTATION OF THE EUROPEAN TRAIN CONTROL SYSTEM.

(a) In General- The Comptroller General of the United States shall, in consultation with other heads of Federal agencies as appropriate, conduct a study on the European Train Control System.

(b) Issues- In conducting the study described in subsection (a), the Comptroller General shall examine, at a minimum, the following issues:

(1) The process by which the European Train Control System came to replace the more than 20 separate national train control systems throughout the European continent.

(2) The costs associated with implementing the European Train Control System across all affected railroads in Europe.

(3) The impact of the European Train Control System on operating capacity and rail passenger safety.

(4) The efficacy of the European Train Control System and the feasibility of implementing such a system throughout the national rail network of the United States.

(5) A comparison of the costs associated with adopting European Train Control System technology with the costs associated with developing and implementing Positive Train Control in the United States.

(c) Report- Not later than 180 days after the date of the enactment of this section, the Comptroller General shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the results of the study described in subsection (a).

SEC. 7015. PHASE-OUT OF ALL TANK CARS USED TO TRANSPORT CLASS 3 FLAMMABLE LIQUIDS.

(a) In General- Except as provided for in subsection (b), beginning on the date of enactment of this Act, all railroad tank cars used to transport Class 3 flammable liquids shall meet the DOT-117 or DOT-117R specifications in part 179 of title 49, Code of Federal Regulations, regardless of train composition.

(b) Phase-Out Schedule- Certain tank cars not meeting DOT-117 or DOT-117R specifications on the date of enactment of this Act may be used, regardless of train composition, until the following end-dates:

(1) For transport of unrefined petroleum products in Class 3 flammable service, including crude oil--

(A) January 1, 2018, for non-jacketed DOT-111 tank cars;

(B) March 1, 2018, for jacketed DOT-111 tank cars;

(C) April 1, 2020, for non-jacketed CPC-1232 tank cars; and

(D) May 1, 2025, for jacketed CPC-1232 tank cars.

(2) For transport of ethanol--

(A) May 1, 2023, for non-jacketed and jacketed DOT-111 tank cars;

(B) July 1, 2023, for non-jacketed CPC-1232 tank cars; and

(C) May 1, 2025, for jacketed CPC-1232 tank cars.

(3) For transport of Class 3 flammable liquids in Packing Group I, other than Class 3 flammable liquids specified in paragraphs (1) and (2), May 1, 2025.

(4) For transport of Class 3 flammable liquids in Packing Groups II and III, other than Class 3 flammable liquids specified in paragraphs (1) and (2), May 1, 2029.

(c) Retrofitting Shop Capacity- The Secretary may extend the deadlines established under paragraphs (3) and (4) of subsection (b) for a period not to exceed 2 years if the Secretary determines that insufficient retrofitting shop capacity will prevent the phase-out of tank cars not meeting the DOT-117 or DOT-117R specifications by the deadlines set forth in such paragraphs.

(d) Implementation- Nothing in this section shall be construed to require the Secretary to issue regulations to implement this section.

(e) Savings Clause- Nothing in this section shall be construed to prohibit the Secretary from implementing the final rule issued on May 08, 2015, entitled `Enhanced Tank Car Standards and Operational Controls for High-Hazard Flammable Trains' (80 Fed. Reg. 26643), other than the provisions of the final rule that are inconsistent with this section.

(f) Class 3 Flammable Liquid Defined- In this section, the term `Class 3 flammable liquid' has the meaning given the term flammable liquid in section 173.120(a) of title 49, Code of Federal Regulations.

SEC. 7016. TRACK SAFETY: VERTICAL TRACK DEFLECTION.

(a) Report- Not later than March 31, 2016, the Secretary shall transmit a report to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate detailing research conducted or procured by the Federal Railroad Administration on developing a system that measures Vertical Track Deflection (in this section referred to as `VTD') from a moving railroad car, including the ability of such a system to identify poor track support from fouled ballast, deteriorated cross ties, or other conditions.

(b) Inclusions- This report shall include--

(1) the findings and results of testing of VTD instrumentation during field trials on revenue service track;

(2) the findings and results of subsequent testing of VTD instrumentation on a Federal Railroad Administration Automated Track Inspection Program geometry car;

(3) if considered appropriate by the Secretary based on the report and related research, a plan for developing quantitative inspection criteria for poor track support using existing VTD instrumentation on Federal Railroad Administration Automated Track Inspection Program geometry cars; and

(4) if considered appropriate by the Secretary based on the report and related research, a plan for installing VTD instrumentation on all remaining Federal Railroad Administration Automated Track Inspection Program geometry cars within 3 years after the date of enactment of this Act.

SEC. 7017. MINIMUM REQUIREMENTS FOR TOP FITTINGS PROTECTION FOR CLASS DOT-117R TANK CARS.

(a) Protective Housing- Except as provided in subsections (b) and (c), top fittings on DOT specification 117R tank cars shall be located inside a protective housing not less than 1/2 -inch in thickness and constructed of a material having a tensile strength not less than 65 kilopound per square inch and conform to the following specifications:

(1) The protective housing shall be as tall as the tallest valve or fitting involved and the height of a valve or fitting within the protective housing must be kept to the minimum compatible with their proper operation.

(2) The protective housing or cover may not reduce the flow capacity of the pressure relief device below the minimum required.

(3) The protective housing shall provide a means of drainage with a minimum flow area equivalent to six 1-inch diameter holes.

(4) When connected to the nozzle or fittings cover plate and subject to a horizontal force applied perpendicular to and uniformly over the projected plane of the protective housing, the tensile connection strength of the protective housing shall be designed to be--

(A) no greater than 70 percent of the nozzle to tank tensile connection strength;

(B) no greater than 70 percent of the cover plate to nozzle connection strength; and

(C) no less than either 40 percent of the nozzle to tank tensile connection strength or the shear strength of twenty 1/2 -inch bolts.

(b) Pressure Relief Devices-

(1) The pressure relief device shall be located inside the protective housing, unless space does not permit. If multiple pressure relief devices are equipped, no more than 1 may be located outside of a protective housing.

(2) The highest point on any pressure relief device located outside of a protective housing may not be more than 12 inches above the tank jacket.

(3) The highest point on the closure of any unused pressure relief device nozzle may not be more than 6 inches above the tank jacket.

(c) Alternative Protection- As an alternative to the protective housing requirements in subsection (a) of this section, the tank car may be equipped with a system that prevents the release of product from any top fitting in the case of an incident where any top fitting would be sheared off.

(d) Implementation- Nothing in this section shall be construed to require the Secretary to issue regulations to implement this section.

(e) Savings Clause- Nothing in this section shall prohibit the Secretary from approving new technologies, methods or requirements that provide a level of safety equivalent to or greater than the level of safety provided for in this section.

SEC. 7018. HAZARDOUS MATERIALS ENDORSEMENT EXEMPTION.

The Secretary shall allow a State, at the discretion of the State, to waive the requirement for a holder of a Class A commercial driver's license to obtain a hazardous materials endorsement under part 383 of title 49, Code of Federal Regulations, if the license holder--

(1) is acting within the scope of the license holder's employment as an employee of a custom harvester operation, agrichemical business, farm retail outlet and supplier, or livestock feeder; and

(2) is operating a service vehicle that is--

(A) transporting diesel in a quantity of 3,785 liters (1,000 gallons) or less; and

(B) clearly marked with a `flammable' or `combustible' placard, as appropriate.

SEC. 7019. HAZARDOUS MATERIALS BY RAIL LIABILITY STUDY.

(a) In General- Not later than 30 days after the date of enactment of this Act, the Secretary shall initiate a study on the levels and structure of insurance for a railroad carrier transporting hazardous materials.

(b) Contents- ln conducting the study under subsection (a), the Secretary shall evaluate--

(1) the level and structure of insurance, including self-insurance, available in the private market against the full liability potential for damages arising from an accident or incident involving a train transporting hazardous materials; and

(2) the level and structure of insurance that would be necessary and appropriate--

(A) to efficiently allocate risk and financial responsibility for claims; and

(B) to ensure that a railroad carrier transporting hazardous materials can continue to operate despite the risk of an accident or incident.

(c) Report- Not later than 1 year after the date the study under subsection (a) is initiated, the Secretary shall submit a report containing the results of the study and recommendations for addressing liability issues with rail transportation of hazardous materials to--

(1) the Committee on Commerce, Science, and Transportation of the Senate; and

(2) the Committee on Transportation and Infrastructure of the House of Representatives.

(d) Definitions- ln this section:

(1) HAZARDOUS MATERIAL- The term `hazardous material' means a substance or material the Secretary designates under section 5103(a) of title 49, United States Code.

(2) RAILROAD CARRIER- The term `railroad carrier' has the meaning given the term in section 20102 of title 49, United States Code.

TITLE VIII--MULTIMODAL FREIGHT TRANSPORTATION

SEC. 8001. MULTIMODAL FREIGHT TRANSPORTATION.

(a) In General- Subtitle IX of title 49, United States Code, is amended to read as follows:

`Subtitle IX--Multimodal Freight Transportation

`Chapter

--Sec.

70101

70201

`CHAPTER 701--MULTIMODAL FREIGHT POLICY

`Sec.

`70101. National multimodal freight policy.

`70102. National freight strategic plan.

`70103. National Multimodal Freight Network.

`Sec. 70101. National multimodal freight policy

`(a) In General- It is the policy of the United States to maintain and improve the condition and performance of the National Multimodal Freight Network established under section 70103 to ensure that the Network provides a foundation for the United States to compete in the global economy and achieve the goals described in subsection (b).

`(b) Goals- The goals of the national multimodal freight policy are--

`(1) to identify infrastructure improvements, policies, and operational innovations that--

`(A) strengthen the contribution of the National Multimodal Freight Network to the economic competitiveness of the United States;

`(B) reduce congestion and eliminate bottlenecks on the National Multimodal Freight Network; and

`(C) increase productivity, particularly for domestic industries and businesses that create high-value jobs;

`(2) to improve the safety, security, efficiency, and resiliency of multimodal freight transportation;

`(3) to achieve and maintain a state of good repair on the National Multimodal Freight Network;

`(4) to use innovation and advanced technology to improve the safety, efficiency, and reliability of the National Multimodal Freight Network;

`(5) to improve the economic efficiency of the National Multimodal Freight Network;

`(6) to improve the short- and long-distance movement of goods that--

`(A) travel across rural areas between population centers;

`(B) travel between rural areas and population centers; and

`(C) travel from the Nation's ports, airports, and gateways to the National Multimodal Freight Network;

`(7) to improve the flexibility of States to support multi-State corridor planning and the creation of multi-State organizations to increase the ability of States to address multimodal freight connectivity; and

`(8) to reduce the adverse environmental impacts of freight movement on the National Multimodal Freight Network.

`Sec. 70102. National freight strategic plan

`(a) In General- Not later than 2 years after the date of enactment of this section, the Secretary of Transportation shall--

`(1) develop a national freight strategic plan in accordance with this section; and

`(2) publish the plan on the public Internet Web site of the Department of Transportation.

`(b) Contents- The national freight strategic plan shall include--

`(1) an assessment of the condition and performance of the National Multimodal Freight Network;

`(2) forecasts of freight volumes for the succeeding 5-, 10-, and 20-year periods;

`(3) an identification of major trade gateways and national freight corridors that connect major population centers, trade gateways, and other major freight generators;

`(4) an identification of bottlenecks on the National Multimodal Freight Network that create significant freight congestion, based on a quantitative methodology developed by the Secretary, which shall, at a minimum, include--

`(A) information from the Freight Analysis Framework of the Federal Highway Administration; and

`(B) to the maximum extent practicable, an estimate of the cost of addressing each bottleneck and any operational improvements that could be implemented;

`(5) an assessment of statutory, regulatory, technological, institutional, financial, and other barriers to improved freight transportation performance, and a description of opportunities for overcoming the barriers;

`(6) an identification of best practices for improving the performance of the National Multimodal Freight Network;

`(7) a process for addressing multistate projects and encouraging jurisdictions to collaborate; and

`(8) strategies to improve freight intermodal connectivity.

`(c) Updates- Not later than 5 years after the date of completion of the national freight strategic plan under subsection (a), and every 5 years thereafter, the Secretary shall update the plan and publish the updated plan on the public Internet Web site of the Department of Transportation.

`(d) Consultation- The Secretary shall develop and update the national freight strategic plan in consultation with State departments of transportation, metropolitan planning organizations, and other appropriate public and private transportation stakeholders.

`Sec. 70103. National Multimodal Freight Network

`(a) In General- Not later than 180 days after the date of enactment of this section, the Secretary of Transportation shall establish the National Multimodal Freight Network in accordance with this section--

`(1) to focus Federal policy on the most strategic freight assets; and

`(2) to assist in strategically directing resources and policies toward improved performance of the National Multimodal Freight Network.

`(b) Network Components- The National Multimodal Freight Network shall include--

`(1) the National Highway Freight Network, as established under section 167 of title 23;

`(2) the freight rail systems of Class I railroads, as designated by the Surface Transportation Board;

`(3) the public ports of the United States that have total annual foreign and domestic trade of at least 2,000,000 short tons, as identified by the Waterborne Commerce Statistics Center of the Army Corps of Engineers, using the data from the latest year for which such data is available;

`(4) the inland and intracoastal waterways of the United States, as described in section 206 of the Inland Waterways Revenue Act of 1978 (33 U.S.C. 1804);

`(5) the Great Lakes, the St. Lawrence Seaway, and coastal routes along which domestic freight is transported;

`(6) the 50 airports located in the United States with the highest annual landed weight, as identified by the Federal Aviation Administration; and

`(7) other strategic freight assets, including strategic intermodal facilities and freight rail lines of Class II and Class III railroads, designated by the Secretary as critical to interstate commerce.

`(c) Other Strategic Freight Assets- In determining network components in subsection (b), the Secretary may consider strategic freight assets identified by States, including public ports if such ports do not meet the annual tonnage threshold, for inclusion on the National Multimodal Freight Network.

`(d) Redesignation- Not later than 5 years after the date of establishment of the National Multimodal Freight Network under subsection (a), and every 5 years thereafter, the Secretary shall update the National Multimodal Freight Network.

`(e) Consultation- The Secretary shall establish and update the National Multimodal Freight Network in consultation with State departments of transportation and other appropriate public and private transportation stakeholders.

`(f) Landed Weight Defined- In this section, the term `landed weight' means the weight of an aircraft transporting only cargo in intrastate, interstate, or foreign air transportation, as such terms are defined in section 40102(a).

`CHAPTER 702--MULTIMODAL FREIGHT TRANSPORTATION PLANNING AND INFORMATION

`Sec.

`70201. State freight advisory committees.

`70202. State freight plans.

`70203. Data and tools.

`Sec. 70201. State freight advisory committees

`(a) In General- The Secretary of Transportation shall encourage each State to establish a freight advisory committee consisting of a representative cross-section of public and private sector freight stakeholders, including representatives of ports, freight railroads, shippers, carriers, freight-related associations, third-party logistics providers, the freight industry workforce, the transportation department of the State, and local governments.

`(b) Role of Committee- A freight advisory committee of a State described in subsection (a) shall--

`(1) advise the State on freight-related priorities, issues, projects, and funding needs;

`(2) serve as a forum for discussion for State transportation decisions affecting freight mobility;

`(3) communicate and coordinate regional priorities with other organizations;

`(4) promote the sharing of information between the private and public sectors on freight issues; and

`(5) participate in the development of the freight plan of the State described in section 70202.

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