S. 2016, Surface Transportation Investment Act (Dec. 17, 2021)
Summary
Senate bill 2016, the Surface Transportation Investment Act of 2021, is a bill to authorize elements of the Department of Transportation, and for other purposes. Cantwell introduced it with Wicker on June 10, 2021, and it was read twice and referred to the Committee on Commerce, Science, and Transportation. On December 17, 2021, it was reported by Cantwell with an amendment to strike out all after the enacting clause and insert the part printed in italic. The table of contents lists Title I on multimodal and freight transportation and Title II on rail, including grants to Amtrak.
Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
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- Bills Bills 117S2016Rs Bills 117S2016Rs
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Cite this document
“S. 2016, Surface Transportation Investment Act (Dec. 17, 2021).”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/bills-bills-117s2016rs-bills-117s2016rs/
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II
Calendar No. 227
117TH CONGRESS
1ST SESSION
S. 2016
To authorize elements of the Department of Transportation, and for other
purposes.
IN THE SENATE OF THE UNITED STATES
JUNE 10, 2021
Ms. CANTWELL (for herself and Mr. WICKER) introduced the following bill;
which was read twice and referred to the Committee on Commerce,
Science, and Transportation
DECEMBER 17, 2021
Reported by Ms. CANTWELL, with an amendment
[Strike out all after the enacting clause and insert the part printed in italic]
A BILL
To authorize elements of the Department of Transportation,
and for other purposes.
1 Be it enacted by the Senate and House of Representa-
2 tives of the United States of America in Congress assembled,
3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
4 (a) SHORT TITLE.—This Act may be cited as the
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5 ‘‘Surface Transportation Investment Act of 2021’’.
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1 (b) TABLE OF CONTENTS.—The table of contents for
2 this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I—MULTIMODAL AND FREIGHT TRANSPORTATION
Subtitle A—Multimodal Freight Policy
Sec. 1101. Office of Multimodal Freight Infrastructure and Policy.
Sec. 1102. Updates to National Freight Plan.
Sec. 1103. State collaboration with National Multimodal Freight Network.
Sec. 1104. Improving State freight plans.
Sec. 1105. Implementation of National Multimodal Freight Network.
Sec. 1106. Multi-State freight corridor planning.
Subtitle B—Multimodal Investment
Sec. 1201. National infrastructure project assistance.
Sec. 1202. Local and regional project assistance.
Sec. 1203. National culvert removal, replacement, and restoration grant pro-
gram.
Sec. 1204. Nationally significant multimodal freight projects.
Sec. 1205. National multimodal cooperative freight research program.
Sec. 1206. Rural and Tribal infrastructure advancement.
Subtitle C—Railroad Rehabilitation and Improvement Financing Reforms
Sec. 1301. RRIF codification and reforms.
Sec. 1302. Substantive criteria and standards.
Sec. 1303. Semiannual report on transit-oriented development eligibility.
TITLE II—RAIL
Sec. 2001. Short title.
Subtitle A—Authorization of Appropriations
Sec. 2101. Grants to Amtrak.
Sec. 2102. Federal Railroad Administration.
Sec. 2103. Consolidated rail infrastructure and safety improvements grants.
Sec. 2104. Railroad Crossing Elimination Program.
Sec. 2105. Restoration and enhancement grants.
Sec. 2106. Federal-State partnership for intercity passenger rail grants.
Sec. 2107. Amtrak Office of Inspector General.
Subtitle B—Amtrak Reforms
Sec. 2201. Amtrak findings, mission, and goals.
Sec. 2202. Composition of Amtrak’s Board of Directors.
Sec. 2203. Station agents.
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Sec. 2204. Increasing oversight of changes to Amtrak long-distance routes and
other intercity services.
Sec. 2205. Improved oversight of Amtrak accounting.
Sec. 2206. Improved oversight of Amtrak spending.
Sec. 2207. Increasing service line and asset line plan transparency.
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Sec. 2208. Passenger experience enhancement.
Sec. 2209. Amtrak smoking policy.
Sec. 2210. Protecting Amtrak routes through rural communities.
Sec. 2211. State-Supported Route Committee.
Sec. 2212. Enhancing cross border service.
Sec. 2213. Creating quality jobs.
Subtitle C—Intercity Passenger Rail Policy
Sec. 2301. Northeast Corridor planning.
Sec. 2302. Northeast Corridor Commission.
Sec. 2303. Consolidated rail infrastructure and safety improvements.
Sec. 2304. Restoration and enhancement grants.
Sec. 2305. Railroad Crossing Elimination Program.
Sec. 2306. Interstate rail compacts.
Sec. 2307. Federal-State partnership for intercity passenger rail grants.
Sec. 2308. Corridor Identification and Development Program.
Sec. 2309. Surface Transportation Board Passenger Rail Program.
Sec. 2310. Railroad rights-of-way.
Subtitle D—Rail Safety
Sec. 2401. Railway-highway crossings program evaluation.
Sec. 2402. Grade crossing accident prediction model.
Sec. 2403. Periodic updates to highway-rail crossing reports and plans.
Sec. 2404. Blocked crossing portal.
Sec. 2405. Data accessibility.
Sec. 2406. Emergency lighting.
Sec. 2407. Comprehensive rail safety review of Amtrak.
Sec. 2408. Completion of hours of service and fatigue studies.
Sec. 2409. Positive train control study.
Sec. 2410. Operating crew member training, qualification, and certification.
Sec. 2411. Transparency and safety.
Sec. 2412. Research and development.
Sec. 2413. Rail Research and Development Center of Excellence.
Sec. 2414. Quarterly report on positive train control system performance.
Sec. 2415. Speed limit action plans.
Sec. 2416. New passenger service pre-revenue safety validation plan.
Sec. 2417. Federal Railroad Administration accident and incident investiga-
tions.
Sec. 2418. Civil penalty enforcement authority.
Sec. 2419. Advancing safety and innovative technology.
Sec. 2420. Passenger rail vehicle occupant protection systems.
Sec. 2421. Federal Railroad Administration safety reporting.
Sec. 2422. National Academies study on trains longer than 7,500 feet.
Sec. 2423. High-speed train noise emissions.
Sec. 2424. Critical incident stress plans.
TITLE III—MOTOR CARRIER SAFETY
Sec. 3001. Authorization of appropriations.
Sec. 3002. Motor carrier safety advisory committee.
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Sec. 3003. Combating human trafficking.
Sec. 3004. Immobilization grant program.
Sec. 3005. Commercial motor vehicle enforcement training and support.
Sec. 3006. Study of commercial motor vehicle crash causation.
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Sec. 3007. Promoting women in the trucking workforce.
Sec. 3008. State inspection of passenger-carrying commercial motor vehicles.
Sec. 3009. Truck Leasing Task Force.
Sec. 3010. Automatic emergency braking.
Sec. 3011. Underride protection.
Sec. 3012. Providers of recreational activities.
Sec. 3013. Amendments to regulations relating to transportation of household
goods in interstate commerce.
Sec. 3014. Improving Federal-State motor carrier safety enforcement coordina-
tion.
Sec. 3015. Limousine research.
Sec. 3016. National Consumer Complaint Database.
Sec. 3017. Electronic logging device oversight.
TITLE IV—HIGHWAY AND MOTOR VEHICLE SAFETY
Subtitle A—Highway Traffic Safety
Sec. 4101. Authorization of appropriations.
Sec. 4102. Highway safety programs.
Sec. 4103. Highway safety research and development.
Sec. 4104. High-visibility enforcement programs.
Sec. 4105. National priority safety programs.
Sec. 4106. Multiple substance-impaired driving prevention.
Sec. 4107. Minimum penalties for repeat offenders for driving while intoxicated
or driving under the influence.
Sec. 4108. Crash data.
Sec. 4109. Review of Move Over or Slow Down Law public awareness.
Sec. 4110. Review of laws, safety measures, and technologies relating to school
buses.
Sec. 4111. Motorcyclist Advisory Council.
Sec. 4112. Safe Streets and Roads for All grant program.
Sec. 4113. Implementation of GAO recommendations.
Subtitle B—Vehicle Safety
Sec. 4201. Authorization of appropriations.
Sec. 4202. Recall completion.
Sec. 4203. Recall engagement.
Sec. 4204. Motor vehicle seat back safety standards.
Sec. 4205. Automatic shutoff.
Sec. 4206. Petitions by interested persons for standards and enforcement.
Sec. 4207. Child safety seat accessibility study.
Sec. 4208. Crash avoidance technology.
Sec. 4209. Reduction of driver distraction.
Sec. 4210. Rulemaking report.
Sec. 4211. Global harmonization.
Sec. 4212. Headlamps.
Sec. 4213. New Car Assessment Program.
Sec. 4214. Hood and bumper standards.
Sec. 4215. Emergency medical services and 9–1–1.
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Sec. 4216. Early warning reporting.
Sec. 4217. Improved vehicle safety databases.
Sec. 4218. National Driver Register Advisory Committee repeal.
Sec. 4219. Research on connected vehicle technology.
Sec. 4220. Advanced impaired driving technology.
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TITLE V—RESEARCH AND INNOVATION
Sec. 5001. Intelligent Transportation Systems Program Advisory Committee.
Sec. 5002. Smart Community Resource Center.
Sec. 5003. Federal support for local decisionmaking.
Sec. 5004. Bureau of Transportation Statistics.
Sec. 5005. Strengthening mobility and revolutionizing transportation grant pro-
gram.
Sec. 5006. Electric vehicle working group.
Sec. 5007. Risk and system resilience.
Sec. 5008. Coordination on emerging transportation technology.
Sec. 5009. Interagency Infrastructure Permitting Improvement Center.
Sec. 5010. Rural opportunities to use transportation for economic success ini-
tiative.
Sec. 5011. Advanced transportation technologies deployment program.
Sec. 5012. Safety data initiative.
Sec. 5013. Advanced transportation research.
Sec. 5014. Open research initiative.
Sec. 5015. Transportation research and development 5-year strategic plan.
Sec. 5016. Research planning modifications.
Sec. 5017. Incorporation of Department of Transportation research.
Sec. 5018. University transportation centers program.
Sec. 5019. National travel and tourism infrastructure strategic plan.
Sec. 5020. Local hiring preference for construction jobs.
Sec. 5021. Transportation workforce development.
Sec. 5022. Intermodal Transportation Advisory Board repeal.
Sec. 5023. GAO cybersecurity recommendations.
Sec. 5024. Volpe oversight.
TITLE VI—HAZARDOUS MATERIALS
Sec. 6001. Authorization of appropriations.
Sec. 6002. Assistance for local emergency response training grant program.
Sec. 6003. Real-time emergency response information.
1 SEC. 2. DEFINITIONS.
2 In this Act:
3 (1) DEPARTMENT.—The term ‘‘Department’’
4 means the Department of Transportation.
5 (2) SECRETARY.—The term ‘‘Secretary’’ means
6 the Secretary of Transportation.
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1 TITLE I—MULTIMODAL AND
2 FREIGHT TRANSPORTATION
3 Subtitle A—Multimodal Freight
4 Policy
5 SEC. 1101. OFFICE OF MULTIMODAL FREIGHT INFRASTRUC-
6 TURE AND POLICY.
7 (a) IN GENERAL.—Chapter 1 of title 49, United
8 States Code, is amended by adding at the end the fol-
9 lowing:
10 ‘‘§ 118. Office of Multimodal Freight Infrastructure
11 and Policy
12 ‘‘(a) DEFINITIONS.—In this section:
13 ‘‘(1) DEPARTMENT.—The term ‘Department’
14 means the Department of Transportation.
15 ‘‘(2) FREIGHT OFFICE.—The term ‘Freight Of-
16 fice’ means the Office of Multimodal Freight Infra-
17 structure and Policy established under subsection
18 (b).
19 ‘‘(3) SECRETARY.—The term ‘Secretary’ means
20 the Secretary of Transportation.
21 ‘‘(b) ESTABLISHMENT.—The Secretary shall estab-
22 lish within the Department an Office of Multimodal
23 Freight Infrastructure and Policy.
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24 ‘‘(c) PURPOSES.—The purposes of the Freight Office
25 shall be—
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1 ‘‘(1) to carry out the national multimodal
2 freight policy described in section 70101;
3 ‘‘(2) to administer and oversee certain
4 multimodal freight grant programs within the De-
5 partment in accordance with subsection (d);
6 ‘‘(3) to promote and facilitate the sharing of in-
7 formation between the private and public sectors
8 with respect to freight issues;
9 ‘‘(4) to conduct research on improving
10 multimodal freight mobility, and to oversee the
11 freight research activities of the various agencies
12 within the Department;
13 ‘‘(5) to assist cities and States in developing
14 freight mobility and supply chain expertise;
15 ‘‘(6) to liaise and coordinate with other Federal
16 departments and agencies; and
17 ‘‘(7) to carry out other duties, as prescribed by
18 the Secretary.
19 ‘‘(d) ADMINISTRATION OF POLICIES AND PRO-
20 GRAMS.—The Freight Office shall—
21 ‘‘(1) develop and manage—
22 ‘‘(A) the national freight strategic plan de-
23 scribed in section 70102; and
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24 ‘‘(B) the National Multimodal Freight
25 Network established under section 70103;
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1 ‘‘(2)(A) oversee the development and updating
2 of the State freight plans described in section
3 70202; and
4 ‘‘(B) provide guidance or best practices relating
5 to the development and updating of State freight
6 plans under that section;
7 ‘‘(3)(A) administer multimodal freight grant
8 programs, including multimodal freight grants estab-
9 lished under section 117 of title 23; and
10 ‘‘(B) establish procedures for analyzing and
11 evaluating applications for grants under those pro-
12 grams;
13 ‘‘(4) assist States in the establishment of—
14 ‘‘(A) State freight advisory committees
15 under section 70201; and
16 ‘‘(B) multi-State freight mobility compacts
17 under section 70204; and
18 ‘‘(5) provide to the Bureau of Transportation
19 Statistics input regarding freight data and planning
20 tools.
21 ‘‘(e) ASSISTANT SECRETARY.—
22 ‘‘(1) IN GENERAL.—The Freight Office shall be
23 headed by an Assistant Secretary for Multimodal
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24 Freight, who shall—
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1 ‘‘(A) be appointed by the President, by and
2 with the advice and consent of the Senate; and
3 ‘‘(B) have professional standing and dem-
4 onstrated knowledge in the field of freight
5 transportation.
6 ‘‘(2) DUTIES.—The Assistant Secretary shall—
7 ‘‘(A) report to the Under Secretary of
8 Transportation for Policy;
9 ‘‘(B) be responsible for the management
10 and oversight of the activities, decisions, oper-
11 ations, and personnel of the Freight Office;
12 ‘‘(C) work with the modal administrations
13 of the Department to encourage multimodal col-
14 laboration; and
15 ‘‘(D) carry out such additional duties as
16 the Secretary may prescribe.
17 ‘‘(f) CONSOLIDATION AND ELIMINATION OF DUPLI-
18 CATIVE OFFICES.—
19 ‘‘(1) CONSOLIDATION OF OFFICES AND OFFICE
20 FUNCTIONS.—The Secretary may consolidate into
21 the Freight Office any office or office function with-
22 in the Department that the Secretary determines
23 has duties, responsibilities, resources, or expertise
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24 that support the purposes of the Freight Office.
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1 ‘‘(2) ELIMINATION OF OFFICES.—The Sec-
2 retary may eliminate any office within the Depart-
3 ment if the Secretary determines that—
4 ‘‘(A) the purposes of the office are duplica-
5 tive of the purposes of the Freight Office;
6 ‘‘(B) the office or the functions of the of-
7 fice have been substantially consolidated with
8 the Freight Office pursuant to paragraph (1);
9 ‘‘(C) the elimination of the office will not
10 adversely affect the requirements of the Sec-
11 retary under any Federal law; and
12 ‘‘(D) the elimination of the office will im-
13 prove the efficiency and effectiveness of the pro-
14 grams and functions conducted by the office.
15 ‘‘(g) STAFFING AND BUDGETARY RESOURCES.—
16 ‘‘(1) IN GENERAL.—The Secretary shall ensure
17 that the Freight Office is adequately staffed and
18 funded.
19 ‘‘(2) STAFFING.—
20 ‘‘(A) TRANSFER OF POSITIONS TO
21 FREIGHT OFFICE.—Subject to subparagraph
22 (B), the Secretary may transfer to the Freight
23 Office any position within any other office of
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24 the Department if the Secretary determines
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1 that the position is necessary to carry out the
2 purposes of the Freight Office.
3 ‘‘(B) REQUIREMENT.—If the Secretary
4 transfers a position to the Freight Office pursu-
5 ant to subparagraph (A), the Secretary, in co-
6 ordination with the appropriate modal adminis-
7 tration of the Department, shall ensure that the
8 transfer of the position does not adversely af-
9 fect the requirements of the modal administra-
10 tion under any Federal law.
11 ‘‘(3) BUDGETARY RESOURCES.—
12 ‘‘(A) TRANSFER OF FUNDS FROM CON-
13 SOLIDATED OR ELIMINATED OFFICES.—
14 ‘‘(i) IN GENERAL.—To carry out the
15 purposes of the Freight Office, the Sec-
16 retary may transfer to the Freight Office
17 from any office or office function that is
18 consolidated or eliminated under sub-
19 section (f) any funds allocated for the con-
20 solidated or eliminated office or office
21 function.
22 ‘‘(ii) RETRANSFER.—Any portion of
23 any funds or limitations of obligations
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24 transferred to the Freight Office pursuant
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1 to clause (i) may be transferred back to,
2 and merged with, the original account.
3 ‘‘(B) TRANSFER OF FUNDS ALLOCATED
4 FOR ADMINISTRATIVE COSTS.—
5 ‘‘(i) IN GENERAL.—The Secretary
6 may transfer to the Freight Office any
7 funds allocated for the administrative costs
8 of the programs referred to in subsection
9 (d)(3).
10 ‘‘(ii) RETRANSFER.—Any portion of
11 any funds or limitations of obligations
12 transferred to the Freight Office pursuant
13 to clause (i) may be transferred back to,
14 and merged with, the original account.
15 ‘‘(h) WEBSITE.—
16 ‘‘(1) DESCRIPTION OF FREIGHT OFFICE.—The
17 Secretary shall make publicly available on the
18 website of the Department a description of the
19 Freight Office, including a description of—
20 ‘‘(A) the programs managed or made avail-
21 able by the Freight Office; and
22 ‘‘(B) the eligibility requirements for those
23 programs.
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24 ‘‘(2) CLEARINGHOUSE.—The Secretary may es-
25 tablish a clearinghouse for tools, templates, guid-
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1 ance, and best practices on a page of the website of
2 the Department that supports the purposes of this
3 section.
4 ‘‘(i) NOTIFICATION TO CONGRESS.—Not later than
5 1 year after the date of enactment of this section, and
6 not less frequently than once every 180 days thereafter
7 until the date on which the Secretary determines that the
8 requirements of this section have been met, the Secretary
9 shall submit to the Committee on Commerce, Science, and
10 Transportation of the Senate and the Committee on
11 Transportation and Infrastructure of the House of Rep-
12 resentatives a notification that—
13 ‘‘(1) describes—
14 ‘‘(A) the programs and activities adminis-
15 tered or overseen by the Freight Office; and
16 ‘‘(B) the status of those programs and ac-
17 tivities;
18 ‘‘(2) identifies—
19 ‘‘(A) the number of employees working in
20 the Freight Office as of the date of the notifica-
21 tion; and
22 ‘‘(B) the total number of employees ex-
23 pected to join the Freight Office to support the
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24 programs and activities described in paragraph
25 (1);
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1 ‘‘(3)(A) indicates whether the Secretary has
2 consolidated into the Freight Office any office or of-
3 fice function pursuant to subsection (f)(1); and
4 ‘‘(B) if the Secretary has so consolidated such
5 an office or function, describes the rationale for the
6 consolidation;
7 ‘‘(4)(A) indicates whether the Secretary has
8 eliminated any office pursuant to subsection (f)(2);
9 and
10 ‘‘(B) if the Secretary has so eliminated such an
11 office, describes the rationale for the elimination;
12 ‘‘(5) describes any other actions carried out by
13 the Secretary to implement this section; and
14 ‘‘(6) describes any recommendations of the Sec-
15 retary for legislation that may be needed to further
16 implement this section.
17 ‘‘(j) SAVINGS PROVISIONS.—
18 ‘‘(1) EFFECT ON OTHER LAW.—Except as oth-
19 erwise provided in this section, nothing in this sec-
20 tion alters or affects any law (including regulations)
21 with respect to a program referred to in subsection
22 (d).
23 ‘‘(2) EFFECT ON RESPONSIBILITIES OF OTHER
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24 AGENCIES.—Except as otherwise provided in this
25 section, nothing in this section abrogates the respon-
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1 sibilities of any agency, operating administration, or
2 office within the Department that is otherwise
3 charged by law (including regulations) with any as-
4 pect of program administration, oversight, or project
5 approval or implementation with respect to a pro-
6 gram or project subject to the responsibilities of the
7 Freight Office under this section.
8 ‘‘(3) EFFECT ON PENDING APPLICATIONS.—
9 Nothing in this section affects any pending applica-
10 tion under a program referred to in subsection (d)
11 that was received by the Secretary on or before the
12 date of enactment of this section.
13 ‘‘(k) AUTHORIZATION OF APPROPRIATIONS.—There
14 are authorized to be appropriated to the Secretary such
15 sums as are necessary to carry out this section.’’.
16 (b) CLERICAL AMENDMENT.—The analysis for chap-
17 ter 1 of title 49, United States Code, is amended by insert-
18 ing after the item relating to section 117 the following:
‘‘118. Office of Multimodal Freight Infrastructure and Policy.’’.
19 (c) CONFORMING AMENDMENTS.—
20 (1) Section 70101(c) of title 49, United States
21 Code, is amended, in the matter preceding para-
22 graph (1), by striking ‘‘Under Secretary of Trans-
23 portation for Policy’’ and inserting ‘‘Assistant Sec-
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24 retary for Multimodal Freight’’.
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1 (2) Section 70102 of title 49, United States
2 Code, is amended—
3 (A) in subsection (a), in the matter pre-
4 ceding paragraph (1), by striking ‘‘Not later’’
5 and all that follows through ‘‘the Under Sec-
6 retary of Transportation for Policy’’ and insert-
7 ing ‘‘The Assistant Secretary for Multimodal
8 Freight (referred to in this section as the ‘As-
9 sistant Secretary’)’’;
10 (B) in subsection (b)(4), in the matter pre-
11 ceding subparagraph (A), by striking ‘‘Under
12 Secretary’’ and inserting ‘‘Assistant Secretary’’;
13 (C) in subsection (c), by striking ‘‘Under
14 Secretary’’ and inserting ‘‘Assistant Secretary’’;
15 and
16 (D) in subsection (d), in the matter pre-
17 ceding paragraph (1), by striking ‘‘Under Sec-
18 retary’’ and inserting ‘‘Assistant Secretary’’.
19 (3) Section 70103 of title 49, United States
20 Code, is amended—
21 (A) in subsection (a), in the matter pre-
22 ceding paragraph (1), by striking ‘‘Under Sec-
23 retary of Transportation for Policy’’ and insert-
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24 ing ‘‘Assistant Secretary for Multimodal
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1 Freight (referred to in this section as the ‘As-
2 sistant Secretary’)’’;
3 (B) by striking subsection (b);
4 (C) by redesignating subsections (c) and
5 (d) as subsections (b) and (c), respectively;
6 (D) in subsection (b) (as so redesig-
7 nated)—
8 (i) in the subsection heading, by strik-
9 ing ‘‘FINAL NETWORK’’ and inserting
10 ‘‘DESIGNATION OF NATIONAL
11 MULTIMODAL FREIGHT NETWORK’’;
12 (ii) in paragraph (1), in the matter
13 preceding subparagraph (A), by striking
14 ‘‘Not later’’ and all that follows through
15 ‘‘Under Secretary’’ and inserting ‘‘Assist-
16 ant Secretary’’;
17 (iii) in paragraph (2), in the matter
18 preceding subparagraph (A), by striking
19 ‘‘Under Secretary’’ and inserting ‘‘Assist-
20 ant Secretary’’; and
21 (iv) in paragraph (3), in the matter
22 preceding subparagraph (A), by striking
23 ‘‘Under Secretary’’ and inserting ‘‘Assist-
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24 ant Secretary’’; and
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1 (E) in subsection (c) (as so redesig-
2 nated)—
3 (i) by striking ‘‘subsection (c)’’ each
4 place it appears and inserting ‘‘subsection
5 (b)’’; and
6 (ii) by striking ‘‘Under Secretary’’
7 and inserting ‘‘Assistant Secretary’’.
8 SEC. 1102. UPDATES TO NATIONAL FREIGHT PLAN.
9 Section 70102(b) of title 49, United States Code, is
10 amended—
11 (1) in paragraph (10), by striking ‘‘and’’ at the
12 end;
13 (2) in paragraph (11), by striking the period at
14 the end and inserting a semicolon; and
15 (3) by adding at the end the following:
16 ‘‘(12) best practices for reducing environmental
17 impacts of freight movement (including stormwater
18 runoff) and improving resiliency of the national
19 multimodal freight system;
20 ‘‘(13) consideration of any potential unique im-
21 pacts of the national freight system on rural and
22 other underserved and historically disadvantaged
23 communities;
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24 ‘‘(14) strategies for decarbonizing freight move-
25 ment, as appropriate; and
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1 ‘‘(15) consideration of the impacts of e-com-
2 merce on the national multimodal freight system.’’.
3 SEC. 1103. STATE COLLABORATION WITH NATIONAL
4 MULTIMODAL FREIGHT NETWORK.
5 Subsection (b) of section 70103 of title 49, United
6 States Code (as redesignated by section 1101(c)(3)(C)),
7 is amended—
8 (1) in paragraph (3), by striking subparagraph
9 (C) and inserting the following:
10 ‘‘(C) provide to the States an opportunity
11 to submit proposed designations from the
12 States in accordance with paragraph (4).’’; and
13 (2) in paragraph (4)—
14 (A) in subparagraph (C)(i), by striking
15 ‘‘20 percent’’ and inserting ‘‘30 percent’’; and
16 (B) by adding at the end the following:
17 ‘‘(E) CONDITION FOR ACCEPTANCE.—The
18 Secretary shall accept from a State a designa-
19 tion under subparagraph (D) only if the Sec-
20 retary determines that the designation meets
21 the applicable requirements of subparagraph
22 (A).’’.
23 SEC. 1104. IMPROVING STATE FREIGHT PLANS.
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24 (a) IN GENERAL.—Section 70202 of title 49, United
25 States Code, is amended—
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1 (1) in subsection (b)—
2 (A) in paragraph (9), by striking ‘‘and’’ at
3 the end;
4 (B) by redesignating paragraph (10) as
5 paragraph (16); and
6 (C) by inserting after paragraph (9) the
7 following:
8 ‘‘(10) the most recent commercial motor vehicle
9 parking facilities assessment conducted by the State
10 under subsection (f);
11 ‘‘(11) the most recent supply chain cargo flows
12 in the State, expressed by mode of transportation;
13 ‘‘(12) an inventory of commercial ports in the
14 State;
15 ‘‘(13) if applicable, consideration of the findings
16 or recommendations made by any multi-State freight
17 compact to which the State is a party under section
18 70204;
19 ‘‘(14) the impacts of e-commerce on freight in-
20 frastructure in the State;
21 ‘‘(15) considerations of military freight; and’’;
22 and
23 (2) by adding at the end the following:
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24 ‘‘(f) COMMERCIAL MOTOR VEHICLE PARKING FA-
25 CILITIES ASSESSMENTS.—As part of the development or
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1 updating, as applicable, of a State freight plan under this
2 section, each State that receives funding under section 167
3 of title 23, in consultation with relevant State motor car-
4 rier safety personnel, shall conduct an assessment of—
5 ‘‘(1) the capability of the State, together with
6 the private sector in the State, to provide adequate
7 parking facilities and rest facilities for commercial
8 motor vehicles engaged in interstate transportation;
9 ‘‘(2) the volume of commercial motor vehicle
10 traffic in the State; and
11 ‘‘(3) whether there exist any areas within the
12 State with a shortage of adequate commercial motor
13 vehicle parking facilities, including an analysis (eco-
14 nomic or otherwise, as the State determines to be
15 appropriate) of the underlying causes of such a
16 shortage.’’.
17 (b) ALIGNMENT OF TRANSPORTATION PLANNING.—
18 Section 70202 of title 49, United States Code, is amend-
19 ed—
20 (1) in subsection (d), by striking ‘‘5-year’’ and
21 inserting ‘‘8-year’’; and
22 (2) in subsection (e)(1), by striking ‘‘5 years’’
23 and inserting ‘‘4 years’’.
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1 SEC. 1105. IMPLEMENTATION OF NATIONAL MULTIMODAL
2 FREIGHT NETWORK.
3 Not later than 30 days after the date of enactment
4 of this Act, the Secretary shall submit to the Committee
5 on Commerce, Science, and Transportation of the Senate
6 and the Committee on Transportation and Infrastructure
7 of the House of Representatives a report that—
8 (1) describes the status of the designation of
9 the final National Multimodal Freight Network re-
10 quired under section 70103 of title 49, United
11 States Code;
12 (2) explains the reasons why the designation of
13 the network referred to in paragraph (1) has not
14 been finalized, if applicable; and
15 (3) estimates the date by which that network
16 will be designated.
17 SEC. 1106. MULTI-STATE FREIGHT CORRIDOR PLANNING.
18 (a) IN GENERAL.—Chapter 702 of title 49, United
19 States Code, is amended—
20 (1) by redesignating section 70204 as section
21 70206; and
22 (2) by inserting after section 70203 the fol-
23 lowing:
24 ‘‘§ 70204. Multi-State freight corridor planning
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25 ‘‘(a) CONSENT TO MULTI-STATE FREIGHT MOBILITY
26 COMPACTS.—Congress grants consent to States, cities, re-
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1 gional planning organizations, federally recognized Indian
2 Tribes, and local public authorities (including public port
3 authorities) that are regionally linked with an interest in
4 a specific nationally or regionally significant multi-State
5 freight corridor to enter into multi-State compacts to pro-
6 mote the improved mobility of goods, including—
7 ‘‘(1) identifying projects along the corridor that
8 benefit multiple States;
9 ‘‘(2) assembling rights-of-way; and
10 ‘‘(3) performing capital improvements.
11 ‘‘(b) FINANCING.—A multi-State freight compact es-
12 tablished by entities under subsection (a) may provide
13 that, in order to carry out the compact, the relevant States
14 or other entities may—
15 ‘‘(1) accept contributions from a unit of State
16 or local government;
17 ‘‘(2) use any Federal or State funds made
18 available for freight mobility infrastructure planning
19 or construction, including applying for grants;
20 ‘‘(3) subject to such terms and conditions as
21 the States consider to be advisable—
22 ‘‘(A) borrow money on a short-term basis;
23 and
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24 ‘‘(B) issue—
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1 ‘‘(i) notes for borrowing under sub-
2 paragraph (A); and
3 ‘‘(ii) bonds; and
4 ‘‘(4) obtain financing by other means permitted
5 under applicable Federal or State law.
6 ‘‘(c) ADVISORY COMMITTEES.—
7 ‘‘(1) IN GENERAL.—A multi-State freight com-
8 pact under this section may establish a multi-State
9 freight corridor advisory committee, which shall in-
10 clude representatives of State departments of trans-
11 portation and other public and private sector entities
12 with an interest in freight mobility, such as—
13 ‘‘(A) ports;
14 ‘‘(B) freight railroads;
15 ‘‘(C) shippers;
16 ‘‘(D) carriers;
17 ‘‘(E) freight-related associations;
18 ‘‘(F) third-party logistics providers;
19 ‘‘(G) the freight industry workforce;
20 ‘‘(H) environmental organizations;
21 ‘‘(I) community organizations; and
22 ‘‘(J) units of local government.
23 ‘‘(2) ACTIVITIES.—An advisory committee es-
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24 tablished under paragraph (1) may—
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1 ‘‘(A) advise the parties to the applicable
2 multi-State freight compact with respect to
3 freight-related priorities, issues, projects, and
4 funding needs that impact multi-State—
5 ‘‘(i) freight mobility; and
6 ‘‘(ii) supply chains;
7 ‘‘(B) serve as a forum for States, Indian
8 Tribes, and other public entities to discuss deci-
9 sions affecting freight mobility;
10 ‘‘(C) communicate and coordinate multi-
11 State freight priorities with other organizations;
12 ‘‘(D) promote the sharing of information
13 between the private and public sectors with re-
14 spect to freight issues; and
15 ‘‘(E) provide information for consideration
16 in the development of State freight plans under
17 section 70202.
18 ‘‘(d) GRANTS.—
19 ‘‘(1) ESTABLISHMENT.—The Secretary of
20 Transportation (referred to in this section as the
21 ‘Secretary’) shall establish a program under which
22 the Secretary shall provide grants to multi-State
23 freight compacts that seek to improve a route or cor-
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24 ridor that is a part of the National Multimodal
25 Freight Network established under section 70103.
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1 ‘‘(2) NEW COMPACTS.—
2 ‘‘(A) IN GENERAL.—To incentivize the es-
3 tablishment of multi-State freight compacts, the
4 Secretary may award a grant to multi-State
5 freight compacts established under subsection
6 (a) during the 2-year period beginning on the
7 date of establishment for operations costs in an
8 amount of not more than $2,000,000.
9 ‘‘(B) ELIGIBILITY.—A multi-State freight
10 compact shall be eligible for a grant under this
11 paragraph only during the initial 3 years of op-
12 eration of the compact.
13 ‘‘(C) REQUIREMENTS.—To be eligible to
14 receive a grant under this paragraph, a multi-
15 State freight compact shall—
16 ‘‘(i) submit to the Secretary an appli-
17 cation at such time, in such manner, and
18 containing such information as the Sec-
19 retary may require;
20 ‘‘(ii) provide a non-Federal match
21 equal to not less than 25 percent of the op-
22 erating costs of the multi-State freight
23 compact; and
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24 ‘‘(iii) commit to establishing a multi-
25 State freight corridor advisory committee
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1 under subsection (c)(1) during the initial
2 2-year period of operation of the compact.
3 ‘‘(3) EXISTING COMPACTS.—
4 ‘‘(A) IN GENERAL.—The Secretary may
5 award a grant to multi-State freight compacts
6 that are not eligible to receive a grant under
7 paragraph (2) for operations costs in an
8 amount of not more than $1,000,000.
9 ‘‘(B) REQUIREMENTS.—To be eligible to
10 receive a grant under this paragraph, a multi-
11 State freight compact shall—
12 ‘‘(i) submit to the Secretary an appli-
13 cation at such time, in such manner, and
14 containing such information as the Sec-
15 retary may require;
16 ‘‘(ii) provide a non-Federal match of
17 not less than 50 percent of the operating
18 costs of the compact; and
19 ‘‘(iii) demonstrate that the compact
20 has established a multi-State freight cor-
21 ridor advisory committee under subsection
22 (c)(1).
23 ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.—
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24 There is authorized to be appropriated to the Sec-
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28
1 retary $5,000,000 for each fiscal year to carry out
2 this subsection.’’.
3 (b) CLERICAL AMENDMENT.—The analysis for chap-
4 ter 702 of title 49, United States Code, is amended by
5 striking the item relating to section 70204 and inserting
6 the following:
‘‘70204. Multi-State freight corridor planning.
‘‘70206. Savings provision.’’.
7 Subtitle B—Multimodal Investment
8 SEC. 1201. NATIONAL INFRASTRUCTURE PROJECT ASSIST-
9 ANCE.
10 Subtitle III of title 49, United States Code, is amend-
11 ed by adding at the end the following:
12 ‘‘CHAPTER 67—NATIONAL
13 INFRASTRUCTURE INVESTMENTS
‘‘6701. National infrastructure project assistance.
‘‘6702. Local and regional project assistance.
14 ‘‘§ 6701. National infrastructure project assistance
15 ‘‘(a) DEFINITIONS.—In this section:
16 ‘‘(1) DEPARTMENT.—The term ‘Department’
17 means the Department of Transportation.
18 ‘‘(2) ELIGIBLE ENTITY.—The term ‘eligible en-
19 tity’ means—
20 ‘‘(A) a State or a group of States;
21 ‘‘(B) a metropolitan planning organization;
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22 ‘‘(C) a unit of local government;
23 ‘‘(D) a political subdivision of a State;
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1 ‘‘(E) a special purpose district or public
2 authority with a transportation function, includ-
3 ing a port authority;
4 ‘‘(F) a Tribal government or a consortium
5 of Tribal governments;
6 ‘‘(G) a partnership between Amtrak and 1
7 or more entities described in subparagraphs (A)
8 through (F); and
9 ‘‘(H) a group of entities described in any
10 of subparagraphs (A) through (G).
11 ‘‘(3) PROGRAM.—The term ‘program’ means
12 the program established by subsection (b).
13 ‘‘(4) SECRETARY.—The term ‘Secretary’ means
14 the Secretary of Transportation.
15 ‘‘(5) STATE.—The term ‘State’ means—
16 ‘‘(A) any of the several States;
17 ‘‘(B) the District of Columbia;
18 ‘‘(C) the Commonwealth of Puerto Rico;
19 ‘‘(D) the Commonwealth of the Northern
20 Mariana Islands;
21 ‘‘(E) the United States Virgin Islands;
22 ‘‘(F) Guam;
23 ‘‘(G) American Samoa; and
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24 ‘‘(H) any other territory or possession of
25 the United States.
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1 ‘‘(b) ESTABLISHMENT.—There is established a pro-
2 gram under which the Secretary shall provide to eligible
3 entities grants, on a competitive basis pursuant to single-
4 year or multiyear grant agreements, for projects described
5 in subsection (d).
6 ‘‘(c) APPLICATIONS.—
7 ‘‘(1) IN GENERAL.—To be eligible for a grant
8 under the program, an eligible entity shall submit to
9 the Secretary an application at such time, in such
10 manner, and containing such information as the Sec-
11 retary determines to be appropriate.
12 ‘‘(2) PLAN FOR DATA COLLECTION.—An appli-
13 cation under paragraph (1) shall include a plan for
14 data collection and analysis described in subsection
15 (g).
16 ‘‘(d) ELIGIBLE PROJECTS.—The Secretary may pro-
17 vide a grant under the program only for a project—
18 ‘‘(1) that is—
19 ‘‘(A) a highway or bridge project carried
20 out on—
21 ‘‘(i) the National Multimodal Freight
22 Network established under section 70103;
23 ‘‘(ii) the National Highway Freight
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24 Network established under section 167 of
25 title 23; or
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1 ‘‘(iii) the National Highway System
2 (as defined in section 101(a) of title 23);
3 ‘‘(B) a freight intermodal (including public
4 ports) or freight rail project that provides a
5 public benefit;
6 ‘‘(C) a railway-highway grade separation
7 or elimination project;
8 ‘‘(D) an intercity passenger rail project;
9 ‘‘(E) a public transportation project that
10 is—
11 ‘‘(i) eligible for assistance under chap-
12 ter 53; and
13 ‘‘(ii) part of a project described in any
14 of subparagraphs (A) through (D); or
15 ‘‘(F) a grouping, combination, or program
16 of interrelated, connected, or dependent projects
17 of any of the projects described in subpara-
18 graphs (A) through (E); and
19 ‘‘(2) the eligible project costs of which are—
20 ‘‘(A) reasonably anticipated to equal or ex-
21 ceed $500,000,000; or
22 ‘‘(B) for any project funded by the set-
23 aside under subsection (m)(2)—
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24 ‘‘(i) more than $100,000,000; but
25 ‘‘(ii) less than $500,000,000.
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1 ‘‘(e) GEOGRAPHICAL DISTRIBUTION.—In providing
2 grants under this section, the Secretary shall ensure
3 among grant recipients—
4 ‘‘(1) geographical diversity; and
5 ‘‘(2) a balance between rural and urban com-
6 munities.
7 ‘‘(f) PROJECT EVALUATION AND SELECTION.—
8 ‘‘(1) REQUIREMENTS.—The Secretary may se-
9 lect a project described in subsection (d) to receive
10 a grant under the program only if the Secretary de-
11 termines that—
12 ‘‘(A) the project is likely to generate na-
13 tional or regional economic, mobility, or safety
14 benefits;
15 ‘‘(B) the project is in need of significant
16 Federal funding;
17 ‘‘(C) the project will be cost-effective;
18 ‘‘(D) with respect to related non-Federal
19 financial commitments, 1 or more stable and
20 dependable sources of funding and financing
21 are available—
22 ‘‘(i) to construct, operate, and main-
23 tain the project; and
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24 ‘‘(ii) to cover cost increases; and
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1 ‘‘(E) the applicant has, or will have, suffi-
2 cient legal, financial, and technical capacity to
3 carry out the project.
4 ‘‘(2) EVALUATION CRITERIA.—In awarding a
5 grant under the program, the Secretary shall evalu-
6 ate—
7 ‘‘(A) the extent to which a project supports
8 achieving a state of good repair for each exist-
9 ing asset to be improved by the project;
10 ‘‘(B) the level of benefits a project is ex-
11 pected to generate, including—
12 ‘‘(i) the costs avoided by the preven-
13 tion of closure or reduced use of the asset
14 to be improved by the project;
15 ‘‘(ii) reductions in maintenance costs
16 over the life of the applicable asset;
17 ‘‘(iii) safety benefits, including the re-
18 duction of serious injuries and fatalities
19 and related costs;
20 ‘‘(iv) improved person or freight
21 throughput, including improved mobility
22 and reliability; and
23 ‘‘(v) environmental benefits and
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24 health impacts, such as—
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1 ‘‘(I) reductions in greenhouse gas
2 emissions;
3 ‘‘(II) air quality benefits;
4 ‘‘(III) preventing stormwater
5 runoff that would be a detriment to
6 aquatic species; and
7 ‘‘(IV) improved infrastructure re-
8 silience;
9 ‘‘(C) the benefits of the project, as com-
10 pared to the costs of the project;
11 ‘‘(D) the number of persons or volume of
12 freight, as applicable, supported by the project;
13 and
14 ‘‘(E) national and regional economic bene-
15 fits of the project, including with respect to
16 short- and long-term job access, growth, or cre-
17 ation.
18 ‘‘(3) ADDITIONAL CONSIDERATIONS.—In select-
19 ing projects to receive grants under the program, the
20 Secretary shall take into consideration—
21 ‘‘(A) contributions to geographical diver-
22 sity among grant recipients, including the need
23 for a balance between the needs of rural and
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24 urban communities;
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1 ‘‘(B) whether multiple States would benefit
2 from a project;
3 ‘‘(C) whether, and the degree to which, a
4 project uses—
5 ‘‘(i) construction materials or ap-
6 proaches that have—
7 ‘‘(I) demonstrated reductions in
8 greenhouse gas emissions; or
9 ‘‘(II) reduced the need for main-
10 tenance of other projects; or
11 ‘‘(ii) technologies that will allow for
12 future connectivity and automation;
13 ‘‘(D) whether a project would benefit—
14 ‘‘(i) a historically disadvantaged com-
15 munity or population; or
16 ‘‘(ii) an area of persistent poverty;
17 ‘‘(E) whether a project benefits users of
18 multiple modes of transportation, including—
19 ‘‘(i) pedestrians;
20 ‘‘(ii) bicyclists; and
21 ‘‘(iii) users of nonvehicular, railroad,
22 and public transportation; and
23 ‘‘(F) whether a project improves
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24 connectivity between modes of transportation
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1 moving persons or goods nationally or region-
2 ally.
3 ‘‘(4) RATINGS.—
4 ‘‘(A) IN GENERAL.—In evaluating applica-
5 tions for a grant under the program, the Sec-
6 retary shall assign the project proposed in the
7 application a rating described in subparagraph
8 (B), based on the information contained in the
9 applicable notice published under paragraph
10 (5).
11 ‘‘(B) RATINGS.—
12 ‘‘(i) HIGHLY RECOMMENDED.—The
13 Secretary shall assign a rating of ‘highly
14 recommended’ to projects that, in the de-
15 termination of the Secretary—
16 ‘‘(I) are exemplary projects of
17 national or regional significance; and
18 ‘‘(II) would provide significant
19 public benefit, as determined based on
20 the applicable criteria described in
21 this subsection, if funded under the
22 program.
23 ‘‘(ii) RECOMMENDED.—The Secretary
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24 shall assign a rating of ‘recommended’ to
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1 projects that, in the determination of the
2 Secretary—
3 ‘‘(I) are of national or regional
4 significance; and
5 ‘‘(II) would provide public ben-
6 efit, as determined based on the appli-
7 cable criteria described in this sub-
8 section, if funded under the program.
9 ‘‘(iii) NOT RECOMMENDED.—The Sec-
10 retary shall assign a rating of ‘not rec-
11 ommended’ to projects that, in the deter-
12 mination of the Secretary, should not re-
13 ceive a grant under the program, based on
14 the applicable criteria described in this
15 subsection.
16 ‘‘(C) TECHNICAL ASSISTANCE.—
17 ‘‘(i) IN GENERAL.—On request of an
18 eligible entity that submitted an applica-
19 tion under subsection (c) for a project that
20 is not selected to receive a grant under the
21 program, the Secretary shall provide to the
22 eligible entity technical assistance and
23 briefings relating to the project.
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24 ‘‘(ii) TREATMENT.—Technical assist-
25 ance provided under this subparagraph
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1 shall not be considered to provide a guar-
2 antee of future selection of the applicable
3 project under the program.
4 ‘‘(5) PUBLICATION OF PROJECT EVALUATION
5 AND SELECTION CRITERIA.—Not later than 90 days
6 after the date of enactment of this chapter, the Sec-
7 retary shall publish and make publicly available on
8 the website of the Department a notice that contains
9 a detailed explanation of—
10 ‘‘(A) the method by which the Secretary
11 will determine whether a project satisfies the
12 applicable requirements described in paragraph
13 (1);
14 ‘‘(B) any additional ratings the Secretary
15 may assign to determine the means by which a
16 project addresses the selection criteria and ad-
17 ditional considerations described in paragraphs
18 (2) and (3); and
19 ‘‘(C) the means by which the project re-
20 quirements and ratings referred to in subpara-
21 graphs (A) and (B) will be used to assign an
22 overall rating for the project under paragraph
23 (4).
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24 ‘‘(6) PROJECT SELECTION PRIORITY.—In
25 awarding grants under the program, the Secretary
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1 shall give priority to projects to which the Secretary
2 has assigned a rating of ‘highly recommended’ under
3 paragraph (4)(B)(i).
4 ‘‘(g) DATA COLLECTION AND ANALYSIS.—
5 ‘‘(1) PLAN.—
6 ‘‘(A) IN GENERAL.—An eligible entity
7 seeking a grant under the program shall submit
8 to the Secretary, together with the grant appli-
9 cation, a plan for the collection and analysis of
10 data to identify in accordance with the frame-
11 work established under paragraph (2)—
12 ‘‘(i) the impacts of the project; and
13 ‘‘(ii) the accuracy of any forecast pre-
14 pared during the development phase of the
15 project and included in the grant applica-
16 tion.
17 ‘‘(B) CONTENTS.—A plan under subpara-
18 graph (A) shall include—
19 ‘‘(i) an approach to measuring—
20 ‘‘(I) the criteria described in sub-
21 section (f)(2); and
22 ‘‘(II) if applicable, the additional
23 requirements described in subsection
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24 (f)(3);
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40
1 ‘‘(ii) an approach for analyzing the
2 consistency of predicted project character-
3 istics with actual outcomes; and
4 ‘‘(iii) any other elements that the Sec-
5 retary determines to be necessary.
6 ‘‘(2) FRAMEWORK.—The Secretary may publish
7 a standardized framework for the contents of the
8 plans under paragraph (1), which may include, as
9 appropriate—
10 ‘‘(A) standardized forecasting and meas-
11 urement approaches;
12 ‘‘(B) data storage system requirements;
13 and
14 ‘‘(C) any other requirements the Secretary
15 determines to be necessary to carry out this
16 section.
17 ‘‘(3) MULTIYEAR GRANT AGREEMENTS.—The
18 Secretary shall require an eligible entity, as a condi-
19 tion of receiving funding pursuant to a multiyear
20 grant agreement under the program, to collect addi-
21 tional data to measure the impacts of the project
22 and to accurately track improvements made by the
23 project, in accordance with a plan described in para-
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24 graph (1).
25 ‘‘(4) REPORTS.—
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1 ‘‘(A) PROJECT BASELINE.—Before the
2 date of completion of a project for which a
3 grant is provided under the program, the eligi-
4 ble entity carrying out the project shall submit
5 to the Secretary a report providing baseline
6 data for the purpose of analyzing the long-term
7 impact of the project in accordance with the
8 framework established under paragraph (2).
9 ‘‘(B) UPDATED REPORT.—Not later than 6
10 years after the date of completion of a project
11 for which a grant is provided under the pro-
12 gram, the eligible entity carrying out the
13 project shall submit to the Secretary a report
14 that compares the baseline data included in the
15 report under subparagraph (A) to project data
16 collected during the period—
17 ‘‘(i) beginning on the date that is 5
18 years after the date of completion of the
19 project; and
20 ‘‘(ii) ending on the date on which the
21 updated report is submitted.
22 ‘‘(h) ELIGIBLE PROJECT COSTS.—
23 ‘‘(1) IN GENERAL.—An eligible entity may use
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24 a grant provided under the program for—
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1 ‘‘(A) development-phase activities and
2 costs, including planning, feasibility analysis,
3 revenue forecasting, alternatives analysis, data
4 collection and analysis, environmental review
5 and activities to support environmental review,
6 preliminary engineering and design work, and
7 other preconstruction activities, including the
8 preparation of a data collection and post-con-
9 struction analysis plan under subsection (g);
10 and
11 ‘‘(B) construction, reconstruction, rehabili-
12 tation, acquisition of real property (including
13 land relating to the project and improvements
14 to that land), environmental mitigation (includ-
15 ing projects to replace or rehabilitate culverts
16 or reduce stormwater runoff for the purpose of
17 improving habitat for aquatic species), con-
18 struction contingencies, acquisition of equip-
19 ment, protection, and operational improvements
20 directly relating to the project.
21 ‘‘(2) INTEREST AND OTHER FINANCING
22 COSTS.—The interest and other financing costs of
23 carrying out any part of a project under a multiyear
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24 grant agreement within a reasonable period of time
25 shall be considered to be an eligible project cost only
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43
1 if the applicable eligible entity certifies to the Sec-
2 retary that the eligible entity has demonstrated rea-
3 sonable diligence in seeking the most favorable fi-
4 nancing terms.
5 ‘‘(i) COST SHARING.—
6 ‘‘(1) IN GENERAL.—The total amount awarded
7 for a project under the program may not exceed 60
8 percent of the total eligible project costs described in
9 subsection (h).
10 ‘‘(2) MAXIMUM FEDERAL INVOLVEMENT.—
11 ‘‘(A) IN GENERAL.—Subject to subpara-
12 graph (B), Federal assistance other than a
13 grant awarded under the program may be pro-
14 vided for a project for which a grant is awarded
15 under the program.
16 ‘‘(B) LIMITATION.—The total amount of
17 Federal assistance provided for a project for
18 which a grant is awarded under the program
19 shall not exceed 80 percent of the total cost of
20 the project.
21 ‘‘(C) LOCAL SHARE.—Secured loans or fi-
22 nancing provided under section 603 of title 23
23 or section 22402 of this title and repaid with
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24 local funds or revenues shall be considered to be
25 part of the local share of the cost of a project.
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1 ‘‘(3) APPLICATION TO MULTIYEAR AGREE-
2 MENTS.—Notwithstanding any other provision of
3 this title, in any case in which amounts are provided
4 under the program pursuant to a multiyear agree-
5 ment, the disbursed Federal share of the cost of the
6 project may exceed the limitations described in para-
7 graphs (1) and (2)(B) for 1 or more years if the
8 total amount of the Federal share of the cost of the
9 project, once completed, does not exceed those limi-
10 tations.
11 ‘‘(j) GRANT AGREEMENTS.—
12 ‘‘(1) IN GENERAL.—A project for which an eli-
13 gible entity receives a multiyear grant under the pro-
14 gram shall be carried out in accordance with this
15 subsection.
16 ‘‘(2) TERMS.—A multiyear grant agreement
17 under this subsection shall—
18 ‘‘(A) establish the terms of Federal partici-
19 pation in the applicable project;
20 ‘‘(B) establish the maximum amount of
21 Federal financial assistance for the project;
22 ‘‘(C) establish a schedule of anticipated
23 Federal obligations for the project that provides
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24 for obligation of the full grant amount;
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1 ‘‘(D) describe the period of time for com-
2 pleting the project, regardless of whether that
3 period extends beyond the period of an author-
4 ization; and
5 ‘‘(E) facilitate timely and efficient manage-
6 ment of the applicable project by the eligible en-
7 tity carrying out the project, in accordance with
8 applicable law.
9 ‘‘(3) SPECIAL RULES.—
10 ‘‘(A) IN GENERAL.—A multiyear grant
11 agreement under this subsection—
12 ‘‘(i) shall provide for the obligation of
13 an amount of available budget authority
14 specified in law;
15 ‘‘(ii) may include a commitment, con-
16 tingent on amounts to be specified in law
17 in advance for commitments under this
18 paragraph, to obligate an additional
19 amount from future available budget au-
20 thority specified in law; and
21 ‘‘(iii) shall provide that any funds dis-
22 bursed under the program for the project
23 before the completion of any review re-
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24 quired under the National Environmental
25 Policy Act of 1969 (42 U.S.C. 4321 et
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46
1 seq.) may only cover costs associated with
2 development-phase activities described in
3 subsection (h)(1)(A).
4 ‘‘(B) CONTINGENT COMMITMENT.—A con-
5 tingent commitment under this paragraph is
6 not an obligation of the Federal Government,
7 including for purposes of section 1501 of title
8 31.
9 ‘‘(4) SINGLE-YEAR GRANTS.—The Secretary
10 may only provide to an eligible entity a full grant
11 under the program in a single year if all reviews re-
12 quired under the National Environmental Policy Act
13 of 1969 (42 U.S.C. 4321 et seq.) with respect to the
14 applicable project have been completed before the re-
15 ceipt of any program funds.
16 ‘‘(k) CONGRESSIONAL NOTIFICATION.—
17 ‘‘(1) IN GENERAL.—Not later than 30 days be-
18 fore the date on which the Secretary publishes the
19 selection of projects to receive grants under the pro-
20 gram, the Secretary shall submit to the Committee
21 on Commerce, Science, and Transportation of the
22 Senate and the Committee on Transportation and
23 Infrastructure of the House of Representatives a
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24 written notice that includes—
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1 ‘‘(A) a list of all project applications re-
2 viewed by the Secretary as part of the selection
3 process;
4 ‘‘(B) the rating assigned to each project
5 under subsection (f)(4);
6 ‘‘(C) an evaluation and justification with
7 respect to each project for which the Secretary
8 will—
9 ‘‘(i) provide a grant under the pro-
10 gram; and
11 ‘‘(ii) enter into a multiyear grant
12 agreement under the program;
13 ‘‘(D) a description of the means by which
14 the Secretary anticipates allocating among se-
15 lected projects the amounts made available to
16 the Secretary to carry out the program; and
17 ‘‘(E) anticipated funding levels required
18 for the 3 fiscal years beginning after the date
19 of submission of the notice for projects selected
20 for grants under the program, based on infor-
21 mation available to the Secretary as of that
22 date.
23 ‘‘(2) CONGRESSIONAL DISAPPROVAL.—The Sec-
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24 retary may not provide a grant or any other obliga-
25 tion or commitment to fund a project under the pro-
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48
1 gram if a joint resolution is enacted disapproving
2 funding for the project before the last day of the 30-
3 day period described in paragraph (1).
4 ‘‘(l) REPORTS.—
5 ‘‘(1) TRANSPARENCY.—Not later than 60 days
6 after the date on which the grants are announced
7 under the program, the Secretary shall publish on
8 the website of the Department a report that in-
9 cludes—
10 ‘‘(A) a list of all project applications re-
11 viewed by the Secretary as part of the selection
12 process under the program;
13 ‘‘(B) the rating assigned to each project
14 under subsection (f)(4); and
15 ‘‘(C) a description of each project for
16 which a grant has been provided under the pro-
17 gram.
18 ‘‘(2) COMPTROLLER GENERAL.—
19 ‘‘(A) ASSESSMENT.—The Comptroller Gen-
20 eral of the United States shall conduct an as-
21 sessment of the administrative establishment,
22 solicitation, selection, and justification process
23 with respect to the funding of grants under the
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24 program.
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1 ‘‘(B) REPORT.—Not later than 18 months
2 after the date on which the initial grants are
3 awarded for projects under the program, the
4 Comptroller General shall submit to the Com-
5 mittee on Commerce, Science, and Transpor-
6 tation of the Senate and the Committee on
7 Transportation and Infrastructure of the House
8 of Representatives a report that describes, as
9 applicable—
10 ‘‘(i) the adequacy and fairness of the
11 process by which the projects were se-
12 lected; and
13 ‘‘(ii) the justification and criteria used
14 for the selection of the projects.
15 ‘‘(m) AUTHORIZATION OF APPROPRIATIONS.—
16 ‘‘(1) IN GENERAL.—There is authorized to be
17 appropriated to the Secretary to carry out the pro-
18 gram $2,000,000,000 for each of fiscal years 2022
19 through 2026.
20 ‘‘(2) OTHER PROJECTS.—Of the amounts made
21 available under paragraph (1), 50 percent shall be
22 set aside for projects that have a project cost of—
23 ‘‘(A) more than $100,000,000; but
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24 ‘‘(B) less than $500,000,000.
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1 ‘‘(3) ADMINISTRATIVE EXPENSES.—Of the
2 amounts made available to carry out the program
3 for each fiscal year, the Secretary may reserve not
4 more than 2 percent for the costs of—
5 ‘‘(A) administering and overseeing the pro-
6 gram; and
7 ‘‘(B) hiring personnel for the program, in-
8 cluding personnel dedicated to processing per-
9 mitting and environmental review issues.
10 ‘‘(4) TRANSFER OF AUTHORITY.—The Sec-
11 retary may transfer any portion of the amounts re-
12 served under paragraph (3) for a fiscal year to the
13 Administrator of any of the Federal Highway Ad-
14 ministration, the Federal Transit Administration,
15 the Federal Railroad Administration, or the Mari-
16 time Administration to award and oversee grants in
17 accordance with this section.
18 ‘‘(n) ADDITIONAL REQUIREMENTS.—Each project
19 that receives a grant under the program shall achieve com-
20 pliance with the applicable requirements of—
21 ‘‘(1) title 23 relating to highway, road, and
22 bridge projects;
23 ‘‘(2) subchapter IV of chapter 31 of title 40;
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24 ‘‘(3) title VI of the Civil Rights Act of 1964 (42
25 U.S.C. 2000d et seq.);
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1 ‘‘(4) the National Environmental Policy Act of
2 1969 (42 U.S.C. 4321 et seq.);
3 ‘‘(5) chapter 53 relating to transit projects; and
4 ‘‘(6) section 22905, as applicable, relating to
5 rail projects.’’.
6 SEC. 1202. LOCAL AND REGIONAL PROJECT ASSISTANCE.
7 (a) IN GENERAL.—Chapter 67 of subtitle III of title
8 49, United States Code (as added by section 1201), is
9 amended by adding at the end the following:
10 ‘‘§ 6702. Local and regional project assistance
11 ‘‘(a) DEFINITIONS.—In this section:
12 ‘‘(1) AREA OF PERSISTENT POVERTY.—The
13 term ‘area of persistent poverty’ means—
14 ‘‘(A) any county (or equivalent jurisdic-
15 tion) in which, during the 30-year period ending
16 on the date of enactment of this chapter, 20
17 percent or more of the population continually
18 lived in poverty, as measured by—
19 ‘‘(i) the 1990 decennial census;
20 ‘‘(ii) the 2000 decennial census; and
21 ‘‘(iii) the most recent annual small
22 area income and poverty estimate of the
23 Bureau of the Census;
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24 ‘‘(B) any census tract with a poverty rate
25 of not less than 20 percent, as measured by the
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1 5-year data series available from the American
2 Community Survey of the Bureau of the Census
3 for the period of 2014 through 2018; and
4 ‘‘(C) any territory or possession of the
5 United States.
6 ‘‘(2) ELIGIBLE ENTITY.—The term ‘eligible en-
7 tity’ means—
8 ‘‘(A) a State;
9 ‘‘(B) the District of Columbia;
10 ‘‘(C) any territory or possession of the
11 United States;
12 ‘‘(D) a unit of local government;
13 ‘‘(E) a public agency or publicly chartered
14 authority established by 1 or more States;
15 ‘‘(F) a special purpose district or public
16 authority with a transportation function, includ-
17 ing a port authority;
18 ‘‘(G) a federally recognized Indian Tribe or
19 a consortium of such Indian Tribes;
20 ‘‘(H) a transit agency; and
21 ‘‘(I) a multi-State or multijurisdictional
22 group of entities described in any of subpara-
23 graphs (A) through (H).
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24 ‘‘(3) ELIGIBLE PROJECT.—The term ‘eligible
25 project’ means—
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1 ‘‘(A) a highway or bridge project eligible
2 for assistance under title 23;
3 ‘‘(B) a public transportation project eligi-
4 ble for assistance under chapter 53;
5 ‘‘(C) a passenger rail or freight rail trans-
6 portation project eligible for assistance under
7 this title;
8 ‘‘(D) a port infrastructure investment, in-
9 cluding—
10 ‘‘(i) inland port infrastructure; and
11 ‘‘(ii) a land port-of-entry;
12 ‘‘(E) the surface transportation compo-
13 nents of an airport project eligible for assist-
14 ance under part B of subtitle VII;
15 ‘‘(F) a project for investment in a surface
16 transportation facility located on Tribal land,
17 the title or maintenance responsibility of which
18 is vested in the Federal Government;
19 ‘‘(G) a project to replace or rehabilitate a
20 culvert or prevent stormwater runoff for the
21 purpose of improving habitat for aquatic species
22 that will advance the goal of the program de-
23 scribed in subsection (b)(2); and
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24 ‘‘(H) any other surface transportation in-
25 frastructure project that the Secretary con-
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1 siders to be necessary to advance the goal of
2 the program.
3 ‘‘(4) PROGRAM.—The term ‘program’ means
4 the Local and Regional Project Assistance Program
5 established under subsection (b)(1).
6 ‘‘(5) RURAL AREA.—The term ‘rural area’
7 means an area that is located outside of an urban-
8 ized area.
9 ‘‘(6) SECRETARY.—The term ‘Secretary’ means
10 the Secretary of Transportation.
11 ‘‘(7) URBANIZED AREA.—The term ‘urbanized
12 area’ means an area with a population of more than
13 200,000 residents, based on the most recent decen-
14 nial census.
15 ‘‘(b) ESTABLISHMENT.—
16 ‘‘(1) IN GENERAL.—The Secretary shall estab-
17 lish and carry out a program, to be known as the
18 ‘Local and Regional Project Assistance Program’, to
19 provide for capital investments in surface transpor-
20 tation infrastructure.
21 ‘‘(2) GOAL.—The goal of the program shall be
22 to fund eligible projects that will have a significant
23 local or regional impact and improve transportation
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24 infrastructure.
25 ‘‘(c) GRANTS.—
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1 ‘‘(1) IN GENERAL.—In carrying out the pro-
2 gram, the Secretary may make grants to eligible en-
3 tities, on a competitive basis, in accordance with this
4 section.
5 ‘‘(2) AMOUNT.—Except as otherwise provided
6 in this section, each grant made under the program
7 shall be in an amount equal to—
8 ‘‘(A) not less than $5,000,000 for an ur-
9 banized area;
10 ‘‘(B) not less than $1,000,000 for a rural
11 area; and
12 ‘‘(C) not more than $25,000,000.
13 ‘‘(3) LIMITATION.—Not more than 15 percent
14 of the funds made available to carry out the pro-
15 gram for a fiscal year may be awarded to eligible
16 projects in a single State during that fiscal year.
17 ‘‘(d) SELECTION OF ELIGIBLE PROJECTS.—
18 ‘‘(1) NOTICE OF FUNDING OPPORTUNITY.—Not
19 later than 60 days after the date on which funds are
20 made available to carry out the program, the Sec-
21 retary shall publish a notice of funding opportunity
22 for the funds.
23 ‘‘(2) APPLICATIONS.—To be eligible to receive a
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24 grant under the program, an eligible entity shall
25 submit to the Secretary an application—
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56
1 ‘‘(A) in such form and containing such in-
2 formation as the Secretary considers to be ap-
3 propriate; and
4 ‘‘(B) by such date as the Secretary may
5 establish, subject to the condition that the date
6 shall be not later than 90 days after the date
7 on which the Secretary issues the solicitation
8 under paragraph (1).
9 ‘‘(3) PRIMARY SELECTION CRITERIA.—In
10 awarding grants under the program, the Secretary
11 shall evaluate the extent to which a project—
12 ‘‘(A) improves safety;
13 ‘‘(B) improves environmental sustain-
14 ability;
15 ‘‘(C) improves the quality of life of rural
16 areas or urbanized areas;
17 ‘‘(D) increases economic competitiveness
18 and opportunity;
19 ‘‘(E) contributes to a state of good repair;
20 and
21 ‘‘(F) improves mobility and community
22 connectivity.
23 ‘‘(4) ADDITIONAL SELECTION CRITERIA.—In
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24 selecting projects to receive grants under the pro-
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1 gram, the Secretary shall take into consideration the
2 extent to which—
3 ‘‘(A) the project sponsors collaborated with
4 other public and private entities;
5 ‘‘(B) the project adopts innovative tech-
6 nologies or techniques, including—
7 ‘‘(i) innovative technology;
8 ‘‘(ii) innovative project delivery tech-
9 niques; and
10 ‘‘(iii) innovative project financing;
11 ‘‘(C) the project has demonstrated readi-
12 ness; and
13 ‘‘(D) the project is cost effective.
14 ‘‘(5) TRANSPARENCY.—
15 ‘‘(A) IN GENERAL.—The Secretary, shall
16 evaluate, through a methodology that is discern-
17 ible and transparent to the public, the means by
18 which each application submitted under para-
19 graph (2) addresses the criteria under para-
20 graphs (3) and (4) or otherwise established by
21 the Secretary.
22 ‘‘(B) PUBLICATION.—The methodology
23 under subparagraph (A) shall be published by
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24 the Secretary as part of the notice of funding
25 opportunity under the program.
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1 ‘‘(6) AWARDS.—Not later than 270 days after
2 the date on which amounts are made available to
3 provide grants under the program for a fiscal year,
4 the Secretary shall announce the selection by the
5 Secretary of eligible projects to receive the grants in
6 accordance with this section.
7 ‘‘(7) TECHNICAL ASSISTANCE.—
8 ‘‘(A) IN GENERAL.—On request of an eligi-
9 ble entity that submitted an application under
10 paragraph (2) for a project that is not selected
11 to receive a grant under the program, the Sec-
12 retary shall provide to the eligible entity tech-
13 nical assistance and briefings relating to the
14 project.
15 ‘‘(B) TREATMENT.—Technical assistance
16 provided under this paragraph shall not be con-
17 sidered to provide a guarantee of future selec-
18 tion of the applicable project under the pro-
19 gram.
20 ‘‘(e) FEDERAL SHARE.—
21 ‘‘(1) IN GENERAL.—Except as provided in para-
22 graph (2), the Federal share of the cost of an eligi-
23 ble project carried out using a grant provided under
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24 the program shall not exceed 80 percent.
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1 ‘‘(2) EXCEPTION.—The Federal share of the
2 cost of an eligible project carried out in a rural area
3 or an area of persistent poverty using a grant under
4 this subsection may exceed 80 percent, at the discre-
5 tion of the Secretary.
6 ‘‘(3) TREATMENT OF OTHER FEDERAL
7 FUNDS.—Amounts provided under any of the fol-
8 lowing programs shall be considered to be a part of
9 the non-Federal share for purposes of this sub-
10 section:
11 ‘‘(A) The tribal transportation program
12 under section 202 of title 23.
13 ‘‘(B) The Federal lands transportation
14 program under section 203 of title 23.
15 ‘‘(C) The TIFIA program (as defined in
16 section 601(a) of title 23).
17 ‘‘(D) The Railroad Rehabilitation and Im-
18 provement Financing Program under chapter
19 224.
20 ‘‘(4) LIMITATION.—The Secretary shall not
21 take into consideration the Federal share in select-
22 ing eligible projects to receive grants under the pro-
23 gram.
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24 ‘‘(f) OTHER CONSIDERATIONS.—
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1 ‘‘(1) IN GENERAL.—Of the total amount made
2 available to carry out the program for each fiscal
3 year—
4 ‘‘(A) not more than 50 percent shall be al-
5 located for eligible projects located in rural
6 areas; and
7 ‘‘(B) not more than 50 percent shall be al-
8 located for eligible projects located in urbanized
9 areas.
10 ‘‘(2) HISTORICALLY DISADVANTAGED COMMU-
11 NITIES AND AREAS OF PERSISTENT POVERTY.—Of
12 the total amount made available to carry out the
13 program for each fiscal year, not less than 1 percent
14 shall be awarded for projects in historically dis-
15 advantaged communities or areas of persistent pov-
16 erty.
17 ‘‘(3) MULTIMODAL AND GEOGRAPHICAL CON-
18 SIDERATIONS.—In selecting projects to receive
19 grants under the program, the Secretary shall take
20 into consideration geographical and modal diversity.
21 ‘‘(g) PROJECT PLANNING.—Of the amounts made
22 available to carry out the program for each fiscal year,
23 not less than 5 percent shall be made available for the
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24 planning, preparation, or design of eligible projects.
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1 ‘‘(h) TRANSFER OF AUTHORITY.—Of the amounts
2 made available to carry out the program for each fiscal
3 year, the Secretary may transfer not more than 2 percent
4 for a fiscal year to the Administrator of any of the Federal
5 Highway Administration, the Federal Transit Administra-
6 tion, the Federal Railroad Administration, or the Mari-
7 time Administration to award and oversee grants and
8 credit assistance in accordance with this section.
9 ‘‘(i) CREDIT PROGRAM COSTS.—
10 ‘‘(1) IN GENERAL.—Subject to paragraph (2),
11 at the request of an eligible entity, the Secretary
12 may use a grant provided to the eligible entity under
13 the program to pay the subsidy or credit risk pre-
14 mium, and the administrative costs, of an eligible
15 project that is eligible for Federal credit assistance
16 under—
17 ‘‘(A) chapter 224; or
18 ‘‘(B) chapter 6 of title 23.
19 ‘‘(2) LIMITATION.—Not more than 20 percent
20 of the funds made available to carry out the pro-
21 gram for a fiscal year may be used to carry out
22 paragraph (1).
23 ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.—There
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24 is authorized to be appropriated to carry out this section
25 $1,500,000,000 for each of fiscal years 2022 through
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1 2026, to remain available for a period of 3 fiscal years
2 following the fiscal year for which the amounts are appro-
3 priated.
4 ‘‘(k) REPORTS.—
5 ‘‘(1) ANNUAL REPORT.—The Secretary shall
6 make available on the website of the Department of
7 Transportation at the end of each fiscal year an an-
8 nual report that describes each eligible project for
9 which a grant was provided under the program dur-
10 ing that fiscal year.
11 ‘‘(2) COMPTROLLER GENERAL.—Not later than
12 1 year after the date on which the initial grants are
13 awarded for eligible projects under the program, the
14 Comptroller General of the United States shall—
15 ‘‘(A) review the administration of the pro-
16 gram, including—
17 ‘‘(i) the solicitation process; and
18 ‘‘(ii) the selection process, including—
19 ‘‘(I) the adequacy and fairness of
20 the process; and
21 ‘‘(II) the selection criteria; and
22 ‘‘(B) submit to the Committee on Com-
23 merce, Science, and Transportation of the Sen-
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24 ate and the Committee on Transportation and
25 Infrastructure of the House of Representatives
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1 a report describing the findings of the review
2 under subparagraph (A), including rec-
3 ommendations for improving the administration
4 of the program, if any.’’.
5 (b) CLERICAL AMENDMENT.—The analysis for sub-
6 title III of title 49, United States Code, is amended by
7 adding at the end the following:
‘‘CHAPTER 67—NATIONAL INFRASTRUCTURE INVESTMENTS
‘‘Sec. 6701. National infrastructure project assistance.
‘‘Sec. 6702. Local and regional project assistance.’’.
8 SEC. 1203. NATIONAL CULVERT REMOVAL, REPLACEMENT,
9 AND RESTORATION GRANT PROGRAM.
10 (a) IN GENERAL.—Chapter 67 of title 49, United
11 States Code (as amended by section 1202(a)), is amended
12 by adding at the end the following:
13 ‘‘§ 6703. National culvert removal, replacement, and
14 restoration grant program
15 ‘‘(a) DEFINITIONS.—In this section:
16 ‘‘(1) INDIAN TRIBE.—The term ‘Indian Tribe’
17 has the meaning given the term in section 4 of the
18 Indian Self-Determination and Education Assistance
19 Act (25 U.S.C. 5304).
20 ‘‘(2) PROGRAM.—The term ‘program’ means
21 the annual competitive grant program established
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22 under subsection (b).
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1 ‘‘(3) SECRETARY.—The term ‘Secretary’ means
2 the Secretary of Transportation.
3 ‘‘(4) UNDERSECRETARY.—The term ‘Undersec-
4 retary’ means the Undersecretary of Commerce for
5 Oceans and Atmosphere.
6 ‘‘(b) ESTABLISHMENT.—The Secretary, in consulta-
7 tion with the Undersecretary, shall establish an annual
8 competitive grant program to award grants to eligible enti-
9 ties for—
10 ‘‘(1) projects for the replacement, removal, and
11 repair of culverts that would meaningfully improve
12 or restore fish passage for anadromous fish; or
13 ‘‘(2) projects with the goal of addressing fresh-
14 water runoff that impacts marine or anadromous
15 fish and shellfish species.
16 ‘‘(c) ELIGIBLE ENTITIES.—An entity eligible to re-
17 ceive a grant under the program is—
18 ‘‘(1) a State;
19 ‘‘(2) a unit of local government; or
20 ‘‘(3) an Indian Tribe.
21 ‘‘(d) GRANT SELECTION PROCESS.—The Secretary,
22 in consultation with the Undersecretary, shall establish a
23 process for determining criteria for awarding grants under
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24 the program, subject to subsection (e).
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1 ‘‘(e) PRIORITIZATION.—The Secretary, in consulta-
2 tion with the Undersecretary, shall establish procedures
3 to prioritize awarding grants under the program to—
4 ‘‘(1) projects that would improve fish passage
5 for—
6 ‘‘(A) anadromous fish stocks listed as an
7 endangered species or a threatened species
8 under section 4 of the Endangered Species Act
9 of 1973 (16 U.S.C. 1533);
10 ‘‘(B) anadromous fish stocks identified by
11 the Undersecretary that could reasonably be-
12 come listed as an endangered species or a
13 threatened species under that section;
14 ‘‘(C) anadromous fish stocks identified by
15 the Undersecretary as prey for endangered spe-
16 cies, threatened species, or protected species, in-
17 cluding Southern resident orcas (Orcinus
18 orcas); or
19 ‘‘(D) anadromous fish stocks identified by
20 the Undersecretary as climate resilient stocks;
21 and
22 ‘‘(2) with respect to culvert removal, projects
23 that would open up more than 200 meters of up-
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24 stream habitat before the end of the natural habitat.
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1 ‘‘(f) FEDERAL SHARE.—The Federal share of the
2 cost of a project carried out with a grant to a State or
3 a unit of local government under the program shall be not
4 more than 80 percent.
5 ‘‘(g) TECHNICAL ASSISTANCE.—The Secretary, in
6 consultation with the Undersecretary, shall develop a proc-
7 ess to provide technical assistance to Indian Tribes and
8 underserved communities to assist in the project design
9 and grant process and procedures.
10 ‘‘(h) ADMINISTRATIVE EXPENSES.—Of the amounts
11 made available for each fiscal year to carry out the pro-
12 gram, the Secretary and the Undersecretary may use not
13 more than 2 percent to pay the administrative expenses
14 necessary to carry out this section.
15 ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There is
16 authorized to be appropriated to carry out the program
17 $800,000,000 for each of fiscal years 2022 through
18 2026.’’.
19 (b) CLERICAL AMENDMENT.—The analysis for chap-
20 ter 67 of title 49, United States Code (as added by section
21 1202(b)), is amended by adding at the end the following:
‘‘6703. National culvert removal, replacement, and restoration grant program.’’.
22 SEC. 1204. NATIONALLY SIGNIFICANT MULTIMODAL
23
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FREIGHT PROJECTS.
24 (a) IN GENERAL.—Section 117 of title 23, United
25 States Code, is amended—
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1 (1) in the section heading, by inserting
2 ‘‘multimodal’’ before ‘‘freight’’;
3 (2) in subsection (a)(2)—
4 (A) in subparagraph (C), by striking
5 ‘‘highway’’ and inserting ‘‘freight’’; and
6 (B) in subparagraph (E), by striking
7 ‘‘highway’’ and inserting ‘‘freight’’;
8 (3) in subsection (d)—
9 (A) in paragraph (1)(A)—
10 (i) in clause (iii)(II), by striking ‘‘or’’
11 after the semicolon at the end;
12 (ii) in clause (iv), by striking ‘‘and’’ at
13 the end and inserting ‘‘or’’; and
14 (iii) by adding at the end the fol-
15 lowing:
16 ‘‘(v) a highway, bridge, or freight
17 project carried out on the National
18 Multimodal Freight Network established
19 under section 70103 of title 49; and’’; and
20 (B) in paragraph (2), by striking
21 ‘‘$600,000,000’’ and inserting ‘‘50 percent’’;
22 (4) in subsection (e)(1)—
23 (A) by striking ‘‘10 percent’’ and inserting
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24 ‘‘not less than 15 percent’’;
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1 (B) by striking ‘‘subsection (d)(1)(A)’’ and
2 inserting ‘‘subsection (d)(1)’’; and
3 (C) by striking ‘‘subsection (d)(1)(B)’’ and
4 inserting ‘‘subsection (d)(2)’’;
5 (5) in subsection (f)(2), by inserting ‘‘(including
6 a project to replace or rehabilitate a culvert, or to
7 reduce stormwater runoff for the purpose of improv-
8 ing habitat for aquatic species)’’ after ‘‘environ-
9 mental mitigation’’;
10 (6) in subsection (m), by striking paragraph (1)
11 and inserting the following:
12 ‘‘(1) IN GENERAL.—Not later than 60 days be-
13 fore the date on which a grant is provided for a
14 project under this section, the Secretary shall submit
15 to the Committees on Commerce, Science, and
16 Transportation and Environment and Public Works
17 of the Senate and the Committee on Transportation
18 and Infrastructure of the House of Representatives
19 a report describing the proposed grant, including—
20 ‘‘(A) an evaluation and justification for the
21 applicable project; and
22 ‘‘(B) a description of the amount of the
23 proposed grant award.’’; and
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24 (7) by adding at the end the following:
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1 ‘‘(o) ADDITIONAL AUTHORIZATION OF APPROPRIA-
2 TIONS.—In addition to amounts made available from the
3 Highway Trust Fund, there are authorized to be appro-
4 priated to carry out this section, to remain available for
5 a period of 3 fiscal years following the fiscal year for which
6 the amounts are appropriated—
7 ‘‘(1) $1,100,000,000 for fiscal year 2022;
8 ‘‘(2) $1,200,000,000 for fiscal year 2023;
9 ‘‘(3) $1,300,000,000 for fiscal year 2024;
10 ‘‘(4) $1,400,000,000 for fiscal year 2025; and
11 ‘‘(5) $1,500,000,000 for fiscal year 2026.’’.
12 (b) CONFORMING AMENDMENT.—Section
13 116(d)(1)(D) of title 49, United States Code, is amended
14 by striking ‘‘freight and highway projects program’’ and
15 inserting ‘‘multimodal freight and highway projects pro-
16 gram’’.
17 SEC. 1205. NATIONAL MULTIMODAL COOPERATIVE
18 FREIGHT RESEARCH PROGRAM.
19 (a) IN GENERAL.—Chapter 702 of title 49, United
20 States Code (as amended by section 1106(a)), is amended
21 by inserting after section 70204 the following:
22 ‘‘§ 70205. National multimodal cooperative freight re-
23 search program
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24 ‘‘(a) ESTABLISHMENT.—Not later than 1 year after
25 the date of enactment of this section, the Secretary of
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1 Transportation (referred to in this section as the ‘Sec-
2 retary’) shall establish and support a national cooperative
3 freight transportation research program.
4 ‘‘(b) ADMINISTRATION BY NATIONAL ACADEMY OF
5 SCIENCES.—
6 ‘‘(1) IN GENERAL.—The Secretary shall enter
7 into an agreement with the National Academy of
8 Sciences to support and carry out administrative
9 and management activities under the program estab-
10 lished under subsection (a).
11 ‘‘(2) ADVISORY COMMITTEE.—To assist the Na-
12 tional Academy of Sciences in carrying out this sub-
13 section, the National Academy shall establish an ad-
14 visory committee, the members of which represent a
15 cross-section of multimodal freight stakeholders, in-
16 cluding—
17 ‘‘(A) the Department of Transportation
18 and other relevant Federal departments and
19 agencies;
20 ‘‘(B) State (including the District of Co-
21 lumbia) departments of transportation;
22 ‘‘(C) units of local government, including
23 public port authorities;
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24 ‘‘(D) nonprofit entities;
25 ‘‘(E) institutions of higher education;
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1 ‘‘(F) labor organizations representing em-
2 ployees in freight industries; and
3 ‘‘(G) private sector entities representing
4 various transportation modes.
5 ‘‘(c) ACTIVITIES.—
6 ‘‘(1) NATIONAL RESEARCH AGENDA.—
7 ‘‘(A) IN GENERAL.—The advisory com-
8 mittee established under subsection (b)(2), in
9 consultation with interested parties, shall rec-
10 ommend a national research agenda for the
11 program in accordance with subsection (d),
12 which shall include a multiyear strategic plan.
13 ‘‘(B) ACTION BY INTERESTED PARTIES.—
14 For purposes of subparagraph (A), an inter-
15 ested party may—
16 ‘‘(i) submit to the advisory committee
17 research proposals;
18 ‘‘(ii) participate in merit reviews of re-
19 search proposals and peer reviews of re-
20 search products; and
21 ‘‘(iii) receive research results.
22 ‘‘(2) RESEARCH CONTRACTS AND GRANTS.—
23 ‘‘(A) IN GENERAL.—The National Acad-
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24 emy of Sciences may award research contracts
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1 and grants under the program established
2 under subsection (a) through—
3 ‘‘(i) open competition; and
4 ‘‘(ii) merit review, conducted on a reg-
5 ular basis.
6 ‘‘(B) EVALUATION.—
7 ‘‘(i) PEER REVIEW.—A contract or
8 grant for research under subparagraph (A)
9 may allow peer review of the research re-
10 sults.
11 ‘‘(ii) PROGRAMMATIC EVALUATIONS.—
12 The National Academy of Sciences may
13 conduct periodic programmatic evaluations
14 on a regular basis of a contract or grant
15 for research under subparagraph (A).
16 ‘‘(C) DISSEMINATION OF FINDINGS.—The
17 National Academy of Sciences shall disseminate
18 the findings of any research conducted under
19 this paragraph to relevant researchers, practi-
20 tioners, and decisionmakers through—
21 ‘‘(i) conferences and seminars;
22 ‘‘(ii) field demonstrations;
23 ‘‘(iii) workshops;
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24 ‘‘(iv) training programs;
25 ‘‘(v) presentations;
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1 ‘‘(vi) testimony to government offi-
2 cials;
3 ‘‘(vii) publicly accessible websites;
4 ‘‘(viii) publications for the general
5 public; and
6 ‘‘(ix) other appropriate means.
7 ‘‘(3) REPORT.—Not later than 1 year after the
8 date of establishment of the program under sub-
9 section (a), and annually thereafter, the Secretary
10 shall make available on a public website a report
11 that describes the ongoing research and findings
12 under the program.
13 ‘‘(d) AREAS FOR RESEARCH.—The national research
14 agenda under subsection (c)(1) shall consider research in
15 the following areas:
16 ‘‘(1) Improving the efficiency and resiliency of
17 freight movement, including—
18 ‘‘(A) improving the connections between
19 rural areas and domestic and foreign markets;
20 ‘‘(B) maximizing infrastructure utility, in-
21 cluding improving urban curb-use efficiency;
22 ‘‘(C) quantifying the national impact of
23 blocked railroad crossings;
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1 ‘‘(D) improved techniques for estimating
2 and quantifying public benefits derived from
3 freight transportation projects; and
4 ‘‘(E) low-cost methods to reduce conges-
5 tion at bottlenecks.
6 ‘‘(2) Adapting to future trends in freight, in-
7 cluding—
8 ‘‘(A) considering the impacts of e-com-
9 merce;
10 ‘‘(B) automation; and
11 ‘‘(C) zero-emissions transportation.
12 ‘‘(3) Workforce considerations in freight, in-
13 cluding—
14 ‘‘(A) diversifying the freight transportation
15 industry workforce; and
16 ‘‘(B) creating and transitioning a work-
17 force capable of designing, deploying, and oper-
18 ating emerging technologies.
19 ‘‘(e) FEDERAL SHARE.—
20 ‘‘(1) IN GENERAL.—The Federal share of the
21 cost of an activity carried out under this section
22 shall be up to 100 percent.
23 ‘‘(2) USE OF NON-FEDERAL FUNDS.—In addi-
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24 tion to using funds made available to carry out this
25 section, the National Academy of Sciences may seek
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1 and accept additional funding from public and pri-
2 vate entities capable of accepting funding from the
3 Department of Transportation, States, units of local
4 government, nonprofit entities, and the private sec-
5 tor.
6 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There
7 is authorized to be appropriated to the Secretary
8 $3,750,000 for each fiscal year to carry out the program
9 established under subsection (a), to remain available until
10 expended.
11 ‘‘(g) SUNSET.—The program established under sub-
12 section (a) shall terminate 5 years after the date of enact-
13 ment of this section.’’.
14 (b) CLERICAL AMENDMENT.—The analysis for chap-
15 ter 702 of title 49, United States Code (as amended by
16 section 1106(b)), is amended by inserting after the item
17 relating to section 70204 the following:
‘‘70205. National multimodal cooperative freight research program.’’.
18 SEC. 1206. RURAL AND TRIBAL INFRASTRUCTURE AD-
19 VANCEMENT.
20 (a) DEFINITIONS.—In this section:
21 (1) BUILD AMERICA BUREAU.—The term
22 ‘‘Build America Bureau’’ means the National Sur-
23 face Transportation and Innovative Finance Bureau
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24 established under section 116 of title 49, United
25 States Code.
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1 (2) ELIGIBLE ENTITY.—The term ‘‘eligible enti-
2 ty’’ means—
3 (A) a unit of local government or political
4 subdivision that is located outside of an urban-
5 ized area with a population of more than
6 150,000 residents, as determined by the Bureau
7 of the Census;
8 (B) a State seeking to advance a project
9 located in an area described in subparagraph
10 (A); and
11 (C) a federally recognized Indian Tribe.
12 (3) ELIGIBLE PROGRAM.—The term ‘‘eligible
13 program’’ means any program described in—
14 (A) subparagraph (A), (B), or (D) of sec-
15 tion 116(d)(1) of title 49, United States Code;
16 or
17 (B) chapter 67 of that title (as added by
18 section 1201).
19 (4) PILOT PROGRAM.—The term ‘‘pilot pro-
20 gram’’ means the Rural and Tribal Assistance Pilot
21 Program established under subsection (b)(1).
22 (b) ESTABLISHMENT.—
23 (1) IN GENERAL.—The Secretary shall establish
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24 within the Build America Bureau a pilot program,
25 to be known as the ‘‘Rural and Tribal Assistance
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1 Pilot Program’’, to provide to eligible entities the as-
2 sistance and information described in paragraph (2).
3 (2) ASSISTANCE AND INFORMATION.—In car-
4 rying out the pilot program, the Secretary may pro-
5 vide to an eligible entity the following:
6 (A) Financial, technical, and legal assist-
7 ance to evaluate potential projects reasonably
8 expected to be eligible to receive funding or fi-
9 nancing assistance under an eligible program.
10 (B) Assistance with development-phase ac-
11 tivities, including—
12 (i) project planning;
13 (ii) feasibility studies;
14 (iii) revenue forecasting and funding
15 and financing options analyses;
16 (iv) environmental review;
17 (v) preliminary engineering and de-
18 sign work;
19 (vi) economic assessments and cost-
20 benefit analyses;
21 (vii) public benefit studies;
22 (viii) statutory and regulatory frame-
23 work analyses;
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24 (ix) value for money studies;
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1 (x) evaluations of costs to sustain the
2 project;
3 (xi) evaluating opportunities for pri-
4 vate financing and project bundling; and
5 (xii) any other activity determined to
6 be appropriate by the Secretary.
7 (C) Information regarding innovative fi-
8 nancing best practices and case studies, if the
9 eligible entity is interested in using innovative
10 financing methods.
11 (c) ASSISTANCE FROM EXPERT FIRMS.—The Sec-
12 retary may retain the services of expert firms, including
13 counsel, in the field of municipal and project finance to
14 assist in providing financial, technical, and legal assistance
15 to eligible entities under the pilot program.
16 (d) WEBSITE.—
17 (1) DESCRIPTION OF PILOT PROGRAM.—
18 (A) IN GENERAL.—The Secretary shall
19 make publicly available on the website of the
20 Department a description of the pilot program,
21 including—
22 (i) the resources available to eligible
23 entities under the pilot program; and
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24 (ii) the application process established
25 under paragraph (2)(A).
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1 (B) CLEARINGHOUSE.—The Secretary may
2 establish a clearinghouse for tools, templates,
3 and best practices on the page of the website of
4 the Department that contains the information
5 described in subparagraph (A).
6 (2) APPLICATIONS.—
7 (A) IN GENERAL.—Not later than 180
8 days after the date of enactment of this Act,
9 the Secretary shall establish a process by which
10 an eligible entity may submit to the Secretary
11 an application under the pilot program, in such
12 form and containing such information as the
13 Secretary may require.
14 (B) ONLINE PORTAL.—The Secretary shall
15 develop and make available to the public an on-
16 line portal through which the Secretary may re-
17 ceive applications under subparagraph (A), on a
18 rolling basis.
19 (C) APPROVAL.—
20 (i) IN GENERAL.—Not later than 60
21 days after the date on which the Secretary
22 receives a complete application under sub-
23 paragraph (A), the Secretary shall provide
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24 to each eligible entity that submitted the
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1 application a notice describing whether the
2 application is approved or disapproved.
3 (ii) ADDITIONAL WRITTEN NOTIFICA-
4 TION.—
5 (I) IN GENERAL.—Not later than
6 30 days after the date on which the
7 Secretary provides to an eligible entity
8 a notification under clause (i), the
9 Secretary shall provide to the eligible
10 entity an additional written notifica-
11 tion of the approval or disapproval of
12 the application.
13 (II) DISAPPROVED APPLICA-
14 TIONS.—If the application of an eligi-
15 ble entity is disapproved under this
16 subparagraph, the additional written
17 notification provided to the eligible en-
18 tity under subclause (I) shall include
19 an offer for a written or telephonic
20 debrief by the Secretary that will pro-
21 vide an explanation of, and guidance
22 regarding, the reasons why the appli-
23 cation was disapproved.
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24 (iii) INSUFFICIENT APPLICATIONS.—
25 The Secretary shall not approve an appli-
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1 cation under this subparagraph if the ap-
2 plication fails to meet the applicable cri-
3 teria established under this section.
4 (3) DASHBOARD.—The Secretary shall publish
5 on the website of the Department a monthly report
6 that includes, for each application received under the
7 pilot program—
8 (A) the type of eligible entity that sub-
9 mitted the application;
10 (B) the location of each potential project
11 described in the application;
12 (C) a brief description of the assistance re-
13 quested;
14 (D) the date on which the Secretary re-
15 ceived the application; and
16 (E) the date on which the Secretary pro-
17 vided the notice of approval or disapproval
18 under paragraph (2)(C)(i).
19 (e) EXPERTS.—An eligible entity that receives assist-
20 ance under the pilot program may retain the services of
21 an expert for any phase of a project carried out using the
22 assistance, including project development, regardless of
23 whether the expert is retained by the Secretary under sub-
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24 section (c).
25 (f) FUNDING.—
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1 (1) IN GENERAL.—For each of fiscal years
2 2022 through 2026, the Secretary may use to carry
3 out the pilot program, including to retain the serv-
4 ices of expert firms under subsection (c), any
5 amount made available to the Secretary to provide
6 credit assistance under an eligible program that is
7 not otherwise obligated, subject to paragraph (2).
8 (2) LIMITATION.—The amount used under
9 paragraph (1) to carry out the pilot program shall
10 be not more than—
11 (A) $1,600,000 for fiscal year 2022;
12 (B) $1,800,000 for fiscal year 2023;
13 (C) $2,000,000 for fiscal year 2024;
14 (D) $2,200,000 for fiscal year 2025; and
15 (E) $2,400,000 for fiscal year 2026.
16 (3) GEOGRAPHICAL DISTRIBUTION.—Not more
17 than 20 percent of the funds made available to carry
18 out the pilot program for a fiscal year may be used
19 for projects in a single State during that fiscal year.
20 (g) SUNSET.—The pilot program shall terminate on
21 the date that is 5 years after the date of enactment of
22 this Act.
23 (h) NONAPPLICABILITY.—Nothing in this section
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24 limits the ability of the Build America Bureau or the Sec-
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83
1 retary to establish or carry out any other assistance pro-
2 gram under title 23 or title 49, United States Code.
3 (i) ADMINISTRATION BY BUILD AMERICA BUREAU.—
4 Section 116(d)(1) of title 49, United States Code, is
5 amended by adding at the end the following:
6 ‘‘(E) The Rural and Tribal Assistance
7 Pilot Program established under section
8 1206(b)(1) of the Surface Transportation In-
9 vestment Act of 2021.’’.
10 Subtitle C—Railroad Rehabilita-
11 tion and Improvement Financ-
12 ing Reforms
13 SEC. 1301. RRIF CODIFICATION AND REFORMS.
14 (a) CODIFICATION OF TITLE V OF THE RAILROAD
15 REVITALIZATION AND REGULATORY REFORM ACT OF
16 1976.—Part B of subtitle V of title 49, United States
17 Code, is amended—
18 (1) by inserting after chapter 223 the following
19 chapter analysis:
‘‘CHAPTER 224—RAILROAD REHABILITATION AND IMPROVEMENT FINANCING
‘‘Sec.
‘‘22401. Definitions.
‘‘22402. Direct loans and loan guarantees.
‘‘22403. Administration of direct loans and loan guarantees.
‘‘22404. Employee protection.
‘‘22405. Authorization of appropriations.’’;
20
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(2) by inserting after the chapter analysis the
21 following section headings:
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1 ‘‘§ 22401. Definitions
2 ‘‘§ 22402. Direct loans and loan guarantees
3 ‘‘§ 22403. Administration of direct loans and loan
4 guarantees
5 ‘‘§ 22404. Employee protection’’;
6 (3) by inserting after the section heading for
7 section 22401, as added by paragraph (2), the text
8 of section 501 of the Railroad Revitalization and
9 Regulatory Reform Act of 1976 (45 U.S.C. 821);
10 (4) by inserting after the section heading for
11 section 22402, as added by paragraph (2), the text
12 of section 502 of the Railroad Revitalization and
13 Regulatory Reform Act of 1976 (45 U.S.C. 822);
14 (5) by inserting after the section heading for
15 section 22403, as added by paragraph (2), the text
16 of section 503 of the Railroad Revitalization and
17 Regulatory Reform Act of 1976 (45 U.S.C. 823);
18 and
19 (6) by inserting after the section heading for
20 section 22404, as added by paragraph (2), the text
21 of section 504 of the Railroad Revitalization and
22 Regulatory Reform Act of 1976 (45 U.S.C. 836).
23 (b) CONFORMING REPEALS.—
24
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(1) IN GENERAL.—Sections 501, 502, 503, and
25 504 of the Railroad Revitalization and Regulatory
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1 Reform Act of 1976 (45 U.S.C. 821, 822, 823, and
2 836) are repealed.
3 (2) SAVINGS PROVISION.—The section repeals
4 under paragraph (1) shall not affect the rights and
5 duties that matured under such sections, the pen-
6 alties that were incurred under such sections, or any
7 proceeding authorized under any such section that
8 commenced before the date of enactment of this Act.
9 (c) DEFINITIONS.—Section 22401 of title 49, United
10 States Code, as added by subsection (a)(2), and amended
11 by subsection (a)(3), is further amended—
12 (1) in the matter preceding paragraph (1), by
13 striking ‘‘For purposes of this title:’’ and inserting
14 ‘‘In this chapter:’’;
15 (2) by amending paragraph (12) to read as fol-
16 lows:
17 ‘‘(12) The term ‘railroad’ includes—
18 ‘‘(A) any ‘railroad’ or ‘railroad carrier’ (as
19 such terms are defined in section 20102); and
20 ‘‘(B) any ‘rail carrier’ (as defined in sec-
21 tion 24102).’’;
22 (3) by redesignating paragraph (14) as para-
23 graph (15); and
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24 (4) by inserting after paragraph (13) the fol-
25 lowing:
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1 ‘‘(14) The term ‘Secretary’ means the Secretary
2 of Transportation.’’.
3 (d) DIRECT LOANS AND LOAN GUARANTEES.—Sec-
4 tion 22402 of title 49, United States Code, as added by
5 subsection (a)(2), and amended by subsection (a)(4), is
6 further amended—
7 (1) in subsection (a)—
8 (A) in paragraph (2), by inserting ‘‘entities
9 implementing’’ before ‘‘interstate compacts’’;
10 (B) in paragraph (5), by striking ‘‘and’’ at
11 the end; and
12 (C) by striking paragraph (6) and insert-
13 ing the following:
14 ‘‘(6) limited option freight shippers that own or
15 operate a plant or other facility, solely for the pur-
16 pose of constructing a rail connection between a
17 plant or facility and a railroad; and
18 ‘‘(7) private entities with controlling ownership
19 in 1 or more freight railroads other than Class I car-
20 riers.’’;
21 (2) in subsection (b)—
22 (A) by amending paragraph (1) to read as
23 follows:
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24 ‘‘(1) IN GENERAL.—Direct loans and loan guar-
25 antees authorized under this section shall be used—
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1 ‘‘(A) to acquire, improve, or rehabilitate
2 intermodal or rail equipment or facilities, in-
3 cluding track, components of track, cuts and
4 fills, stations, tunnels, bridges, yards, buildings,
5 and shops, and costs related to these activities,
6 including pre-construction costs;
7 ‘‘(B) to develop or establish new inter-
8 modal or railroad facilities;
9 ‘‘(C) to develop landside port infrastruc-
10 ture for seaports serviced by rail;
11 ‘‘(D) to refinance outstanding debt in-
12 curred for the purposes described in subpara-
13 graph (A), (B), or (C);
14 ‘‘(E) to reimburse planning, permitting,
15 and design expenses relating to activities de-
16 scribed in subparagraph (A), (B), or (C); or
17 ‘‘(F) to finance economic development, in-
18 cluding commercial and residential development,
19 and related infrastructure and activities, that—
20 ‘‘(i) incorporates private investment of
21 greater than 20 percent of total project
22 costs;
23 ‘‘(ii) is physically connected to, or is
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24 within 1⁄2 mile of, a fixed guideway transit
25 station, an intercity bus station, a pas-
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1 senger rail station, or a multimodal station
2 that includes rail service;
3 ‘‘(iii) demonstrates the ability of the
4 applicant to commence the contracting
5 process for construction not later than 90
6 days after the date on which the direct
7 loan or loan guarantee is obligated for the
8 project under this chapter; and
9 ‘‘(iv) demonstrates the ability to gen-
10 erate new revenue for the relevant pas-
11 senger rail station or service by increasing
12 ridership, increasing tenant lease pay-
13 ments, or carrying out other activities that
14 generate revenue exceeding costs.’’; and
15 (B) by striking paragraph (3);
16 (3) in subsection (c)—
17 (A) in paragraph (1), by striking ‘‘of title
18 49, United States Code’’; and
19 (B) in paragraph (5), by striking ‘‘title 49,
20 United States Code,’’ and inserting ‘‘this title’’;
21 (4) in subsection (e), by amending paragraph
22 (1) to read as follows:
23 ‘‘(1) DIRECT LOANS.—The interest rate on a
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24 direct loan under this section shall be not less than
25 the yield on United States Treasury securities of a
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1 similar maturity to the maturity of the secured loan
2 on the date of execution of the loan agreement.’’;
3 (5) in subsection (f)—
4 (A) in paragraph (3)—
5 (i) in the matter preceding subpara-
6 graph (A)—
7 (I) by striking ‘‘An applicant
8 may propose and’’ and inserting
9 ‘‘Upon receipt of a proposal from an
10 applicant under this section,’’; and
11 (II) by striking ‘‘tangible asset’’
12 and inserting ‘‘collateral described in
13 paragraph (6)’’;
14 (ii) in subparagraph (B)(ii), by insert-
15 ing ‘‘, including operating or tenant
16 charges, facility rents, or other fees paid
17 by transportation service providers or oper-
18 ators for access to, or the use of, infra-
19 structure, including rail lines, bridges, tun-
20 nels, yards, or stations’’ after ‘‘user fees’’;
21 (iii) in subparagraph (C), by striking
22 ‘‘$75,000,000’’ and inserting
23 ‘‘$150,000,000’’; and
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24 (iv) by adding at the end the fol-
25 lowing:
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1 ‘‘(D) Revenue from projected freight or
2 passenger demand for the project based on re-
3 gionally developed economic forecasts, including
4 projections of any modal diversion resulting
5 from the project.’’; and
6 (B) by adding at the end the following:
7 ‘‘(5) COHORTS OF LOANS.—For any direct loan
8 issued before the date of enactment of the Fixing
9 America’s Surface Transportation Act (Public Law
10 114–94) pursuant to sections 501 through 504 of
11 the Railroad Revitalization and Regulatory Reform
12 Act of 1976 (Public Law 94–210), the Secretary
13 shall repay the credit risk premiums of such loan,
14 with interest accrued thereon, not later than—
15 ‘‘(A) 60 days after the date of enactment
16 of the Surface Transportation Investment Act
17 of 2021 if the borrower has satisfied all obliga-
18 tions attached to such loan; or
19 ‘‘(B) if the borrower has not yet satisfied
20 all obligations attached to such loan, 60 days
21 after the date on which all obligations attached
22 to such loan have been satisfied.
23 ‘‘(6) COLLATERAL.—
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24 ‘‘(A) TYPES OF COLLATERAL.—An appli-
25 cant or infrastructure partner may propose tan-
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1 gible and intangible assets as collateral, exclu-
2 sive of goodwill. The Secretary, after evaluating
3 each such asset—
4 ‘‘(i) shall accept a net liquidation
5 value of collateral; and
6 ‘‘(ii) shall consider and may accept—
7 ‘‘(I) the market value of collat-
8 eral; or
9 ‘‘(II) in the case of a blanket
10 pledge or assignment of an entire op-
11 erating asset or basket of assets as
12 collateral, the market value of assets,
13 or, the market value of the going con-
14 cern, considering—
15 ‘‘(aa) inclusion in the pledge
16 of all the assets necessary for
17 independent operational utility of
18 the collateral, including tangible
19 assets such as real property,
20 track and structure, motive
21 power, equipment and rolling
22 stock, stations, systems and
23 maintenance facilities and intan-
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24 gible assets such as long-term
25 shipping agreements, easements,
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1 leases and access rights such as
2 for trackage and haulage;
3 ‘‘(bb) interchange commit-
4 ments; and
5 ‘‘(cc) the value of the asset
6 as determined through the cost
7 or market approaches, or the
8 market value of the going con-
9 cern, with the latter considering
10 discounted cash flows for a pe-
11 riod not to exceed the term of the
12 direct loan or loan guarantee.
13 ‘‘(B) APPRAISAL STANDARDS.—In evalu-
14 ating appraisals of collateral under subpara-
15 graph (A), the Secretary shall consider—
16 ‘‘(i) adherence to the substance and
17 principles of the Uniform Standards of
18 Professional Appraisal Practice, as devel-
19 oped by the Appraisal Standards Board of
20 the Appraisal Foundation; and
21 ‘‘(ii) the qualifications of the apprais-
22 ers to value the type of collateral offered.
23 ‘‘(7) REPAYMENT OF CREDIT RISK PRE-
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24 MIUMS.—The Secretary shall return credit risk pre-
25 miums paid, and interest accrued on such premiums,
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1 to the original source when all obligations of a loan
2 or loan guarantee have been satisfied. This para-
3 graph applies to any project that has been granted
4 assistance under this section after the date of enact-
5 ment of the Surface Transportation Investment Act
6 of 2021.’’;
7 (6) in subsection (g), by amending paragraph
8 (1) the read as follows:
9 ‘‘(1) repayment of the obligation is required to
10 be made within a term that is not longer than the
11 shorter of—
12 ‘‘(A) 75 years after the date of substantial
13 completion of the project;
14 ‘‘(B) the estimated useful life of the rail
15 equipment or facilities to be acquired, rehabili-
16 tated, improved, developed, or established, sub-
17 ject to an adequate determination of long-term
18 risk; or
19 ‘‘(C) for projects determined to have an es-
20 timated useful life that is longer than 35 years,
21 the period that is equal to the sum of—
22 ‘‘(i) 35 years; and
23 ‘‘(ii) the product of—
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1 ‘‘(I) the difference between the
2 estimated useful life and 35 years;
3 multiplied by
4 ‘‘(II) 75 percent.’’;
5 (7) in subsection (h)—
6 (A) in paragraph (3)(B), by striking ‘‘sec-
7 tion 836 of this title’’ and inserting ‘‘section
8 22404’’; and
9 (B) in paragraph (4), by striking
10 ‘‘(b)(1)(E)’’ and inserting ‘‘(b)(1)(F)’’;
11 (8) in subsection (i)—
12 (A) by amending paragraph (4) to read as
13 follows:
14 ‘‘(4) STREAMLINE APPLICATION REVIEW PROC-
15 ESS.—
16 ‘‘(A) IN GENERAL.—Not later than 180
17 days after the date of enactment of the Surface
18 Transportation Investment Act of 2021, the
19 Secretary shall implement procedures and
20 measures to economize and make available an
21 expedited application process or processes at
22 the request of applicants seeking loans or loan
23 guarantees.
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24 ‘‘(B) CRITERIA.—Applicants seeking loans
25 and loan guarantees under this section shall—
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1 ‘‘(i) seek a total loan or loan guar-
2 antee value not exceeding $150,000,000;
3 ‘‘(ii) meet eligible project purposes de-
4 scribed in subparagraphs (A) and (B) of
5 subsection (b)(1); and
6 ‘‘(iii) meet other criteria considered
7 appropriate by the Secretary, in consulta-
8 tion with the Council on Credit and Fi-
9 nance of the Department of Transpor-
10 tation.
11 ‘‘(C) EXPEDITED CREDIT REVIEW.—The
12 total period between the submission of an appli-
13 cation and the approval or disapproval of an
14 application for a direct loan or loan guarantee
15 under this paragraph may not exceed 90 days.
16 If an application review conducted under this
17 paragraph exceeds 90 days, the Secretary
18 shall—
19 ‘‘(i) provide written notice to the ap-
20 plicant, including a justification for the
21 delay and updated estimate of the time
22 needed for approval or disapproval; and
23 ‘‘(ii) publish the notice on the dash-
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24 board described in paragraph (5).’’;
25 (B) in paragraph (5)—
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1 (i) in subparagraph (E), by striking
2 ‘‘and’’ at the end;
3 (ii) in subparagraph (F), by adding ‘‘;
4 and’’ at the end; and
5 (iii) by adding at the end the fol-
6 lowing:
7 ‘‘(G) whether the project utilized the expe-
8 dited application process under paragraph
9 (4).’’; and
10 (C) by adding at the end the following:
11 ‘‘(6) CREDITWORTHINESS REVIEW STATUS.—
12 ‘‘(A) IN GENERAL.—The Secretary shall
13 maintain status information related to each ap-
14 plication for a loan or loan guarantee, which
15 shall be provided to the applicant upon request,
16 including—
17 ‘‘(i) the total value of the proposed
18 loan or loan guarantee;
19 ‘‘(ii) the name of the applicant or ap-
20 plicants submitting the application;
21 ‘‘(iii) the proposed capital structure of
22 the project to which the loan or loan guar-
23 antee would be applied, including the pro-
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24 posed Federal and non-Federal shares of
25 the total project cost;
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1 ‘‘(iv) the type of activity to receive
2 credit assistance, including whether the
3 project is new construction, the rehabilita-
4 tion of existing rail equipment or facilities,
5 or the refinancing an existing loan or loan
6 guarantee;
7 ‘‘(v) if a deferred payment is pro-
8 posed, the length of such deferment;
9 ‘‘(vi) the credit rating or ratings pro-
10 vided for the applicant;
11 ‘‘(vii) if other credit instruments are
12 involved, the proposed subordination rela-
13 tionship and a description of such other
14 credit instruments;
15 ‘‘(viii) a schedule for the readiness of
16 proposed investments for financing;
17 ‘‘(ix) a description of any Federal per-
18 mits required, including under the Na-
19 tional Environmental Policy Act of 1969
20 (42 U.S.C. 4321 et seq.) and any waivers
21 under section 5323(j) (commonly known as
22 the ‘Buy America Act’);
23 ‘‘(x) other characteristics of the pro-
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24 posed activity to be financed, borrower, key
25 agreements, or the nature of the credit
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1 that the Secretary considers to be funda-
2 mental to the creditworthiness review;
3 ‘‘(xi) the status of the application in
4 the pre-application review and selection
5 process;
6 ‘‘(xii) the cumulative amounts paid by
7 the Secretary to outside advisors related to
8 the application, including financial and
9 legal advisors;
10 ‘‘(xiii) a description of the key rating
11 factors used by the Secretary to determine
12 credit risk, including—
13 ‘‘(I) the factors used to deter-
14 mine risk for the proposed applica-
15 tion; and
16 ‘‘(II) an adjectival risk rating for
17 each identified factor, ranked as ei-
18 ther low, moderate, or high;
19 ‘‘(xiv) a nonbinding estimate of the
20 credit risk premium, which may be in the
21 form of—
22 ‘‘(I) a range, based on the assess-
23 ment of risk factors described in
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24 clause (xiii); or
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1 ‘‘(II) a justification for why the
2 estimate of the credit risk premium
3 cannot be determined based on avail-
4 able information; and
5 ‘‘(xv) a description of the key infor-
6 mation the Secretary needs from the appli-
7 cant to complete the credit review process
8 and make a final determination of the
9 credit risk premium.
10 ‘‘(B) REPORT UPON REQUEST.—The Sec-
11 retary shall provide the information described
12 in subparagraph (A) not later than 30 days
13 after a request from the applicant.
14 ‘‘(C) EXCEPTION.—Applications processed
15 using the streamline application review process
16 under paragraph (4) are not subject to the re-
17 quirements under this paragraph.’’; and
18 (9) by adding at the end the following:
19 ‘‘(n) NON-FEDERAL SHARE.—The proceeds of a loan
20 provided under this section may be used as the non-Fed-
21 eral share of project costs for any grant program adminis-
22 tered by the Secretary if such loan is repayable from non-
23 Federal funds.’’.
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24 (e) ADMINISTRATION OF DIRECT LOANS AND LOAN
25 GUARANTEES.—Section 22403 of title 49, United States
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1 Code, as added by subsection (a)(2), and amended by sub-
2 section (a)(5), is further amended—
3 (1) in subsection (a)—
4 (A) by striking ‘‘The Secretary shall’’ and
5 inserting the following:
6 ‘‘(1) IN GENERAL.—The Secretary shall’’; and
7 (B) by adding at the end the following:
8 ‘‘(2) DOCUMENTATION.—An applicant meeting
9 the size standard for small business concerns estab-
10 lished under section 3(a)(2) of the Small Business
11 Act (15 U.S.C. 632(a)(2)) may provide unaudited fi-
12 nancial statements as documentation of historical fi-
13 nancial information if such statements are accom-
14 panied by the applicant’s Federal tax returns and
15 Internal Revenue Service tax verifications for the
16 corresponding years.’’; and
17 (2) in subsection (m), by striking ‘‘section 822
18 of this title’’ and inserting ‘‘section 22402’’.
19 (f) AUTHORIZATION OF APPROPRIATIONS.—Chapter
20 224 of title 49, United States Code, as added by sub-
21 section (a), and amended by subsections (b) through (e),
22 is further amended by adding at the end the following:
23 ‘‘§ 22405. Authorization of appropriations
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24 ‘‘(a) AUTHORIZATION.—
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1 ‘‘(1) IN GENERAL.—There is authorized to be
2 appropriated for credit assistance under this chap-
3 ter, which shall be provided at the discretion of the
4 Secretary, $50,000,000 for each of fiscal years 2022
5 through 2026.
6 ‘‘(2) REFUND OF PREMIUM.—There is author-
7 ized to be appropriated to the Secretary
8 $70,000,000 to repay the credit risk premium in ac-
9 cordance with section 22402(f)(5).
10 ‘‘(3) AVAILABILITY.—Amounts appropriated
11 pursuant to this subsection shall remain available
12 until expended.
13 ‘‘(b) USE OF FUNDS.—
14 ‘‘(1) IN GENERAL.—Credit assistance provided
15 under subsection (a) may not exceed $20,000,000
16 for any loan or loan guarantee.
17 ‘‘(2) ADMINISTRATIVE COSTS.—Not less than 3
18 percent of the amounts appropriated pursuant to
19 subsection (a) in each fiscal year shall be made
20 available to the Secretary for use in place of charges
21 collected under section 22403(l)(1) for passenger
22 railroads and freight railroads other than Class I
23 carriers.
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24 ‘‘(3) SHORT LINE SET-ASIDE.—Not less than
25 50 percent of the amounts appropriated pursuant to
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1 subsection (a)(1) for each fiscal year shall be set
2 aside for freight railroads other than Class I car-
3 riers.’’.
4 (g) CLERICAL AMENDMENT.—The analysis for title
5 49, United States Code, is amended by inserting after the
6 item relating to chapter 223 the following:
‘‘224. Railroad rehabilitation and improvement financ-
ing ................................................................................22401’’.
7 (h) TECHNICAL AND CONFORMING AMENDMENTS.—
8 (1) NATIONAL TRAILS SYSTEM ACT.—Section
9 8(d) of the National Trails System Act (16 U.S.C.
10 1247(d)) is amended by inserting ‘‘(45 U.S.C. 801
11 et seq.) and chapter 224 of title 49, United States
12 Code’’ after ‘‘1976’’.
13 (2) PASSENGER RAIL REFORM AND INVEST-
14 MENT ACT.—Section 11315(c) of the Passenger Rail
15 Reform and Investment Act of 2015 (23 U.S.C. 322
16 note; Public Law 114–94) is amended by striking
17 ‘‘sections 502 and 503 of the Railroad Revitalization
18 and Regulatory Reform Act of 1976’’ and inserting
19 ‘‘sections 22402 and 22403 of title 49, United
20 States Code’’.
21 (3) PROVISIONS CLASSIFIED IN TITLE 45,
22 UNITED STATES CODE.—
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23 (A) RAILROAD REVITALIZATION AND REG-
24 ULATORY REFORM ACT OF 1976.—Section 101
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1 of the Railroad Revitalization and Regulatory
2 Reform Act of 1976 (45 U.S.C. 801) is amend-
3 ed—
4 (i) in subsection (a), in the matter
5 preceding paragraph (1), by striking ‘‘It is
6 the purpose of the Congress in this Act to’’
7 and inserting ‘‘The purpose of this Act and
8 chapter 224 of title 49, United States
9 Code, is to’’; and
10 (ii) in subsection (b), in the matter
11 preceding paragraph (1), by striking ‘‘It is
12 declared to be the policy of the Congress in
13 this Act’’ and inserting ‘‘The policy of this
14 Act and chapter 224 of title 49, United
15 States Code, is’’.
16 (B) RAILROAD INFRASTRUCTURE FINANC-
17 ING IMPROVEMENT ACT.—The Railroad Infra-
18 structure Financing Improvement Act (subtitle
19 F of title XI of Public Law 114–94)—
20 (i) in section 11607(b) (45 U.S.C.
21 821 note), by striking ‘‘All provisions
22 under sections 502 through 504 of the
23 Railroad Revitalization and Regulatory Re-
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24 form Act of 1976 (45 U.S.C. 801 et seq.)’’
25 and inserting ‘‘All provisions under section
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104
1 22402 through 22404 of title 49, United
2 States Code,’’; and
3 (ii) in section 11610(b) (45 U.S.C.
4 821 note), by striking ‘‘section 502(f) of
5 the Railroad Revitalization and Regulatory
6 Reform Act of 1976 (45 U.S.C. 822(f)), as
7 amended by section 11607 of this Act’’
8 and inserting ‘‘section 22402(f) of title 49,
9 United States Code’’.
10 (C) TRANSPORTATION EQUITY ACT FOR
11 THE 21ST CENTURY.—Section 7203(b)(2) of the
12 Transportation Equity Act for the 21st Century
13 (Public Law 105–178; 45 U.S.C. 821 note) is
14 amended by striking ‘‘title V of the Railroad
15 Revitalization and Regulatory Reform Act of
16 1976 (45 U.S.C. 821 et seq.)’’ and inserting
17 ‘‘chapter 224 of title 49, United States Code,’’.
18 (D) HAMM ALERT MARITIME SAFETY ACT
19 OF 2018.—Section 212(d)(1) of Hamm Alert
20 Maritime Safety Act of 2018 (title II of Public
21 Law 115–265; 45 U.S.C. 822 note) is amended,
22 in the matter preceding subparagraph (A), by
23 striking ‘‘for purposes of section 502(f)(4) of
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24 the Railroad Revitalization and Regulatory Re-
25 form Act of 1976 (45 U.S.C. 822(f)(4))’’ and
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105
1 inserting ‘‘for purposes of section 22402 of title
2 49, United States Code’’.
3 (E) MILWAUKEE RAILROAD RESTRUC-
4 TURING ACT.—Section 15(f) of the Milwaukee
5 Railroad Restructuring Act (45 U.S.C. 914(f))
6 is amended by striking ‘‘Section 516 of the
7 Railroad Revitalization and Regulatory Reform
8 Act of 1976 (45 U.S.C. 836)’’ and inserting
9 ‘‘Section 22404 of title 49, United States
10 Code,’’.
11 (F) ROCK ISLAND RAILROAD TRANSITION
12 AND EMPLOYEE ASSISTANCE ACT.—Section
13 104(b) of the Rock Island Railroad Transition
14 and Employee Assistance Act (45 U.S.C.
15 1003(b)) is amended—
16 (i) in paragraph (1)—
17 (I) by striking ‘‘title V of the
18 Railroad Revitalization and Regu-
19 latory Reform Act of 1976 (45 U.S.C.
20 821 et seq.)’’ and inserting ‘‘chapter
21 224 of title 49, United States Code,’’;
22 and
23 (II) by striking ‘‘and section
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24 18(b) of the Milwaukee Railroad Re-
25 structuring Act’’; and
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1 (ii) in paragraph (2), by striking
2 ‘‘title V of the Railroad Revitalization and
3 Regulatory Reform Act of 1976, and sec-
4 tion 516 of such Act (45 U.S.C. 836)’’ and
5 inserting ‘‘chapter 224 of title 49, United
6 States Code, including section 22404 of
7 such title,’’.
8 (G) PASSENGER RAIL INVESTMENT AND
9 IMPROVEMENT ACT OF 2008.—Section 205(g) of
10 the Passenger Rail Investment and Improve-
11 ment Act of 2008 (division B of Public Law
12 110–432; 49 U.S.C. 24101 note) is amended by
13 striking ‘‘title V of the Railroad Revitalization
14 and Regulatory Reform Act of 1976 (45 U.S.C.
15 821 et seq.)’’ and inserting ‘‘chapter 224 of
16 title 49, United States Code’’.
17 (H) PASSENGER RAIL REFORM AND IN-
18 VESTMENT ACT OF 2015.—Section 11311(d) of
19 the Passenger Rail Reform and Investment Act
20 of 2015 (Public Law 114–94; 49 U.S.C. 20101
21 note) is amended by striking ‘‘, and section 502
22 of the Railroad Revitalization and Regulatory
23 Reform Act of 1976 (45 U.S.C. 822)’’.
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24 (4) TITLE 49.—
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1 (A) NATIONAL SURFACE TRANSPORTATION
2 AND INNOVATIVE FINANCE BUREAU.—Section
3 116(d)(1)(B) of title 49, United States Code, is
4 amended by striking ‘‘sections 501 through 503
5 of the Railroad Revitalization and Regulatory
6 Reform Act of 1976 (45 U.S.C. 821–823)’’ and
7 inserting ‘‘sections 22401 through 22403’’.
8 (B) PROHIBITED DISCRIMINATION.—Sec-
9 tion 306(b) of title 49, United States Code, is
10 amended—
11 (i) by striking ‘‘chapter 221 or 249 of
12 this title,’’ and inserting ‘‘chapter 221,
13 224, or 249 of this title, or’’; and
14 (ii) by striking ‘‘, or title V of the
15 Railroad Revitalization and Regulatory Re-
16 form Act of 1976 (45 U.S.C. 821 et
17 seq.)’’.
18 (C) GRANT CONDITIONS.—Section
19 22905(c)(2)(B) of title 49, United States Code,
20 is amended by striking ‘‘section 504 of the Rail-
21 road Revitalization and Regulatory Reform Act
22 of 1976 (45 U.S.C. 836)’’ and inserting ‘‘sec-
23 tion 22404’’.
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24 (D) AMTRAK AUTHORITY.—Section 24903
25 of title 49, United States Code, is amended—
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1 (i) in subsection (a)(6), by striking
2 ‘‘and the Railroad Revitalization and Reg-
3 ulatory Reform Act of 1976 (45 U.S.C.
4 801 et seq.)’’ and inserting ‘‘, the Railroad
5 Revitalization and Regulatory Reform Act
6 of 1976 (45 U.S.C. 801 et seq.), and chap-
7 ter 224 of this title’’; and
8 (ii) in subsection (c)(2), by striking
9 ‘‘and the Railroad Revitalization and Reg-
10 ulatory Reform Act of 1976 (45 U.S.C.
11 801 et seq.)’’ and inserting ‘‘, the Railroad
12 Revitalization and Regulatory Reform Act
13 of 1976 (45 U.S.C. 801 et seq.), and chap-
14 ter 224 of this title’’.
15 SEC. 1302. SUBSTANTIVE CRITERIA AND STANDARDS.
16 Not later than 180 days after the date of enactment
17 of this Act, the Secretary shall update the publicly avail-
18 able credit program guide in accordance with the provi-
19 sions of chapter 224 of title 49, United States Code, as
20 added by section 1301.
21 SEC. 1303. SEMIANNUAL REPORT ON TRANSIT-ORIENTED
22 DEVELOPMENT ELIGIBILITY.
23 Not later than 6 months after the date of enactment
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24 of this Act, and every 6 months thereafter, the Secretary
25 shall submit a report to the Committee on Commerce,
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1 Science, and Transportation of the Senate and the Com-
2 mittee on Transportation and Infrastructure of the House
3 of Representatives that identifies—
4 (1) the number of applications submitted to the
5 Department for a direct loan or loan guarantee
6 under section 22402(b)(1)(E) of title 49, United
7 States Code, as amended by section 1301;
8 (2) the number of such loans or loan guaran-
9 tees that were provided to the applicants; and
10 (3) for each such application, the reasons for
11 providing or declining to provide the requested loan
12 or loan guarantee.
13 TITLE II—RAIL
14 SEC. 2001. SHORT TITLE.
15 This title may be cited as the ‘‘Passenger Rail Expan-
16 sion and Rail Safety Act of 2021’’.
17 Subtitle A—Authorization of
18 Appropriations
19 SEC. 2101. GRANTS TO AMTRAK.
20 (a) NORTHEAST CORRIDOR.—There are authorized
21 to be appropriated to the Secretary for grants to Amtrak
22 for activities associated with the Northeast Corridor the
23 following amounts:
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24 (1) For fiscal year 2022, $1,570,000,000.
25 (2) For fiscal year 2023, $1,100,000,000.
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1 (3) For fiscal year 2024, $1,200,000,000.
2 (4) For fiscal year 2025, $1,300,000,000.
3 (5) For fiscal year 2026, $1,400,000,000.
4 (b) NATIONAL NETWORK.—There are authorized to
5 be appropriated to the Secretary for grants to Amtrak for
6 activities associated with the National Network the fol-
7 lowing amounts:
8 (1) For fiscal year 2022, $2,300,000,000.
9 (2) For fiscal year 2023, $2,200,000,000.
10 (3) For fiscal year 2024, $2,450,000,000.
11 (4) For fiscal year 2025, $2,700,000,000.
12 (5) For fiscal year 2026, $3,000,000,000.
13 (c) OVERSIGHT.—The Secretary may withhold up to
14 0.5 percent from the amount appropriated for each fiscal
15 year pursuant to subsections (a) and (b) for the costs of
16 oversight of Amtrak.
17 (d) STATE-SUPPORTED ROUTE COMMITTEE.—The
18 Secretary may withhold up to $3,000,000 from the
19 amount appropriated for each fiscal year pursuant to sub-
20 section (b) for use by the State-Supported Route Com-
21 mittee established under section 24712(a) of title 49,
22 United States Code.
23 (e) NORTHEAST CORRIDOR COMMISSION.—The Sec-
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24 retary may withhold up to $6,000,000 from the amount
25 appropriated for each fiscal year pursuant to subsection
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1 (a) for use by the Northeast Corridor Commission estab-
2 lished under section 24905(a) of title 49, United States
3 Code.
4 (f) INTERSTATE RAIL COMPACTS.—The Secretary
5 may withhold up to $3,000,000 from the amount appro-
6 priated for each fiscal year pursuant to subsection (b) for
7 grants authorized under section 22910 of title 49, United
8 States Code.
9 (g) ACCESSIBILITY UPGRADES.—
10 (1) IN GENERAL.—The Secretary shall withhold
11 $50,000,000 from the amount appropriated for each
12 fiscal year pursuant to subsections (a) and (b) for
13 grants to assist Amtrak in financing capital projects
14 to upgrade the accessibility of the national rail pas-
15 senger transportation system by increasing the num-
16 ber of existing facilities that are compliant with the
17 requirements under the Americans with Disabilities
18 Act of 1990 (42 U.S.C. 12101 et seq.) until the Sec-
19 retary determines Amtrak’s existing facilities are in
20 compliance with such requirements.
21 (2) SAVINGS PROVISION.—Nothing in para-
22 graph (1) may be construed to prevent Amtrak from
23 using additional funds appropriated pursuant to this
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24 section to carry out the activities authorized under
25 such paragraph.
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1 (h) CORRIDOR DEVELOPMENT.—In addition to the
2 activities authorized under subsection (b), Amtrak may
3 use up to 10 percent of the amounts appropriated under
4 subsection (b) in each fiscal year to support Amtrak-oper-
5 ated corridors selected under section 2306 for—
6 (1) planning and capital costs; and
7 (2) operating assistance consistent with the
8 Federal funding limitations under section 22908 of
9 title 49, United States Code.
10 SEC. 2102. FEDERAL RAILROAD ADMINISTRATION.
11 (a) SAFETY AND OPERATIONS.—There are author-
12 ized to be appropriated to the Secretary for the operations
13 of the Federal Railroad Administration and to carry out
14 railroad safety activities the following amounts:
15 (1) For fiscal year 2022, $248,000,000.
16 (2) For fiscal year 2023, $254,000,000.
17 (3) For fiscal year 2024, $263,000,000.
18 (4) For fiscal year 2025, $271,000,000.
19 (5) For fiscal year 2026, $279,000,000.
20 (b) RAILROAD RESEARCH AND DEVELOPMENT.—
21 There are authorized to be appropriated to the Secretary
22 for the use of the Federal Railroad Administration for ac-
23 tivities associated with railroad research and development
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24 the following amounts:
25 (1) For fiscal year 2022, $43,000,000.
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1 (2) For fiscal year 2023, $44,000,000.
2 (3) For fiscal year 2024, $45,000,000.
3 (4) For fiscal year 2025, $46,000,000.
4 (5) For fiscal year 2026, $47,000,000.
5 (c) TRANSPORTATION TECHNOLOGY CENTER.—The
6 Secretary may withhold up to $3,000,000 from the
7 amount appropriated for each fiscal year pursuant to sub-
8 section (b) for activities authorized under section
9 20108(d) of title 49, United States Code.
10 (d) RAIL RESEARCH AND DEVELOPMENT CENTER OF
11 EXCELLENCE.—The Secretary may withhold up to 10 per-
12 cent of the amount appropriated for each fiscal year under
13 subsection (b) for grants authorized under section
14 20108(j) of title 49, United States Code.
15 SEC. 2103. CONSOLIDATED RAIL INFRASTRUCTURE AND
16 SAFETY IMPROVEMENTS GRANTS.
17 (a) IN GENERAL.—There is authorized to be appro-
18 priated to the Secretary for grants under section 22907
19 of title 49, United States Code, $1,000,000,000 for each
20 of fiscal years 2022 through 2026.
21 (b) OVERSIGHT.—The Secretary may withhold up to
22 2 percent from the amount appropriated for each fiscal
23 year pursuant to subsection (a) for the costs of project
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24 management oversight of grants authorized under title 49,
25 United States Code.
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1 SEC. 2104. RAILROAD CROSSING ELIMINATION PROGRAM.
2 (a) IN GENERAL.—There is authorized to be appro-
3 priated to the Secretary for grants under section 22909
4 of title 49, United States Code, as added by section 2305,
5 $500,000,000 for each of fiscal years 2022 through 2026.
6 (b) PLANNING PROJECTS.—Not less than 3 percent
7 of the amount appropriated in each fiscal year pursuant
8 to subsection (a) year shall be used for planning projects
9 described in section 22909(d)(6) of title 49, United States
10 Code.
11 (c) HIGHWAY-RAIL GRADE CROSSING SAFETY IN-
12 FORMATION AND EDUCATION PROGRAM.—Of the amount
13 appropriated under subsection (a) in each fiscal year, 0.25
14 percent shall be used for contracts or grants to carry out
15 a highway-rail grade crossing safety information and edu-
16 cation program—
17 (1) to help prevent and reduce pedestrian,
18 motor vehicle, and other accidents, incidents, inju-
19 ries, and fatalities; and
20 (2) to improve awareness along railroad rights-
21 of-way and at highway-rail grade crossings.
22 (d) OVERSIGHT.—The Secretary may withhold up to
23 2 percent from the amount appropriated for each fiscal
24 year pursuant to subsection (a) for the costs of project
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25 management oversight of grants authorized under title 49,
26 United States Code.
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1 SEC. 2105. RESTORATION AND ENHANCEMENT GRANTS.
2 (a) IN GENERAL.—There is authorized to be appro-
3 priated to the Secretary for grants under section 22908
4 of title 49, United States Code, $50,000,000 for each of
5 fiscal years 2022 through 2026.
6 (b) OVERSIGHT.—The Secretary may withhold up to
7 1 percent of the amount appropriated for each fiscal year
8 pursuant to subsection (a) for the costs of project manage-
9 ment oversight of grants authorized under section 22908
10 of title 49, United States Code.
11 SEC. 2106. FEDERAL-STATE PARTNERSHIP FOR INTERCITY
12 PASSENGER RAIL GRANTS.
13 (a) IN GENERAL.—There is authorized to be appro-
14 priated to the Secretary for grants under section 24911
15 of title 49, United States Code, $1,500,000,000 for each
16 of fiscal years 2022 through 2026.
17 (b) OVERSIGHT.—The Secretary may withhold up to
18 2 percent of the amount appropriated under subsection
19 (a) for the costs of project management oversight of
20 grants authorized under title 49, United States Code.
21 SEC. 2107. AMTRAK OFFICE OF INSPECTOR GENERAL.
22 There are authorized to be appropriated to the Office
23 of Inspector General of Amtrak the following amounts:
24 (1) For fiscal year 2022, $26,500,000.
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25 (2) For fiscal year 2023, $27,000,000.
26 (3) For fiscal year 2024, $27,500,000.
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1 (4) For fiscal year 2025, $28,000,000.
2 (5) For fiscal year 2026, $28,500,000.
3 Subtitle B—Amtrak Reforms
4 SEC. 2201. AMTRAK FINDINGS, MISSION, AND GOALS.
5 (a) FINDINGS.—Section 24101(a) of title 49, United
6 States Code, is amended—
7 (1) in paragraph (1), by striking ‘‘between
8 crowded urban areas and in other areas of’’ and in-
9 serting ‘‘throughout’’;
10 (2) in paragraph (4), by striking ‘‘to Amtrak to
11 achieve a performance level sufficient to justify ex-
12 pending public money’’ and inserting ‘‘in order to
13 meet the intercity passenger rail needs of the United
14 States’’;
15 (3) in paragraph (5)—
16 (A) by inserting ‘‘intercity passenger and’’
17 before ‘‘commuter’’; and
18 (B) by inserting ‘‘and rural’’ after ‘‘major
19 urban;’’ and
20 (4) by adding at the end the following:
21 ‘‘(9) Long-distance routes are valuable resources of
22 the United States that are used by rural and urban com-
23 munities.’’.
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24 (b) GOALS.—Section 24101(c) of title 49, United
25 States Code, is amended—
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1 (1) by amending paragraph (1) to read as fol-
2 lows:
3 ‘‘(1) use its best business judgment in acting to
4 maximize the benefits of Federal investments, in-
5 cluding—
6 ‘‘(A) offering competitive fares;
7 ‘‘(B) increasing revenue from the transpor-
8 tation of mail and express;
9 ‘‘(C) offering food service that meets the
10 needs of its customers;
11 ‘‘(D) improving its contracts with rail car-
12 riers over whose tracks Amtrak operates;
13 ‘‘(E) controlling or reducing management
14 and operating costs; and
15 ‘‘(F) providing economic benefits to the
16 communities it serves;’’;
17 (2) in paragraph (11), by striking ‘‘and’’ at the
18 end;
19 (3) in paragraph (12), by striking the period at
20 the end and inserting ‘‘; and’’; and
21 (4) by adding at the end the following:
22 ‘‘(13) support and maintain established long-
23 distance routes to provide value to the Nation by
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24 serving customers throughout the United States and
25 connecting urban and rural communities.’’.
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1 (c) INCREASING REVENUES.—Section 24101(d) of
2 title 49, United States Code, is amended to read as fol-
3 lows:
4 ‘‘(d) INCREASING REVENUES.—Amtrak is encour-
5 aged to make agreements with private sector entities and
6 to undertake initiatives that are consistent with good busi-
7 ness judgment and designed to generate additional reve-
8 nues to advance the goals described in subsection (c).’’.
9 SEC. 2202. COMPOSITION OF AMTRAK’S BOARD OF DIREC-
10 TORS.
11 (a) SELECTION; COMPOSITION; CHAIR.—Section
12 24302(a) of title 49, United States Code, is amended—
13 (1) in paragraph (1)—
14 (A) in subparagraph (B), by striking
15 ‘‘President’’ and inserting ‘‘Chief Executive Of-
16 ficer’’; and
17 (B) in subparagraph (C), by striking ‘‘or
18 a’’ and inserting ‘‘(including individuals with
19 disabilities) or of a’’;
20 (2) in paragraph (2), by striking ‘‘and try to
21 provide adequate and balanced representation of the
22 major geographic regions of the United States
23 served by Amtrak’’;
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24 (3) by redesignating paragraph (5) as para-
25 graph (7); and
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1 (4) by striking paragraph (4) and inserting the
2 following:
3 ‘‘(4) Of the individuals appointed pursuant to
4 paragraph (1)(C)—
5 ‘‘(A) 2 individuals shall reside in or near
6 a location served by a regularly scheduled Am-
7 trak service along the Northeast Corridor;
8 ‘‘(B) 4 individuals shall reside in or near
9 regions of the United States that are geographi-
10 cally distributed outside of the Northeast Cor-
11 ridor, of whom—
12 ‘‘(i) 2 individuals shall reside in
13 States served by a long-distance route op-
14 erated by Amtrak;
15 ‘‘(ii) 2 individuals shall reside in
16 States served by State-supported routes
17 operated by Amtrak; and
18 ‘‘(iii) an individual who resides in a
19 State that is served by a State-supported
20 route and a long-distance route may be ap-
21 pointed to serve either position referred to
22 in clauses (i) and (ii);
23 ‘‘(C) 2 individuals shall reside either—
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1 ‘‘(i) in or near a location served by a
2 regularly scheduled Amtrak service on the
3 Northeast Corridor; or
4 ‘‘(ii) in a State served by long-dis-
5 tance or State-supported routes; and
6 ‘‘(D) each individual appointed to the
7 Board pursuant to this paragraph may only fill
8 1 of the allocations set forth in subparagraphs
9 (A) through (C).
10 ‘‘(5) The Board shall elect a chairperson and
11 vice chairperson, other than the Chief Executive Of-
12 ficer of Amtrak, from among its membership. The
13 vice chairperson shall act as chairperson in the ab-
14 sence of the chairperson.
15 ‘‘(6) The Board shall meet at least annually
16 with—
17 ‘‘(A) representatives of Amtrak employees;
18 ‘‘(B) representatives of persons with dis-
19 abilities; and
20 ‘‘(C) the general public, in an open meet-
21 ing with a virtual attendance option, to discuss
22 financial performance and service results.’’.
23 (b) RULE OF CONSTRUCTION.—None of the amend-
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24 ments made by subsection (a) may be construed as affect-
25 ing the term of any director serving on the Amtrak Board
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1 of Directors under section 24302(a)(1)(C) of title 49,
2 United States Code, as of the date of enactment of this
3 Act.
4 SEC. 2203. STATION AGENTS.
5 Section 24312 of title 49, United States Code, is
6 amended by adding at the end the following:
7 ‘‘(c) AVAILABILITY OF STATION AGENTS.—
8 ‘‘(1) IN GENERAL.—Except as provided in para-
9 graph (2), beginning on the date that is 1 year after
10 the date of enactment of the Passenger Rail Expan-
11 sion and Rail Safety Act of 2021, Amtrak shall en-
12 sure that at least 1 Amtrak ticket agent is employed
13 at each station building—
14 ‘‘(A) that Amtrak owns, or operates service
15 through, as part of a long-distance or Northeast
16 Corridor passenger service route;
17 ‘‘(B) where at least 1 Amtrak ticket agent
18 was employed on or after October 1, 2017; and
19 ‘‘(C) for which an average of 40 pas-
20 sengers boarded or deboarded an Amtrak vehi-
21 cle per day during all of the days in fiscal year
22 2017 when the station was serviced by Amtrak,
23 regardless of the number of Amtrak vehicles
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24 servicing the station per day.
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1 ‘‘(2) EXCEPTION.—Paragraph (1) shall not
2 apply to any station building in which a commuter
3 rail ticket agent has the authority to sell Amtrak
4 tickets.’’.
5 SEC. 2204. INCREASING OVERSIGHT OF CHANGES TO AM-
6 TRAK LONG-DISTANCE ROUTES AND OTHER
7 INTERCITY SERVICES.
8 (a) AMTRAK ANNUAL OPERATIONS REPORT.—Sec-
9 tion 24315(a)(1) of title 49, United States Code, is
10 amended—
11 (1) in subparagraph (G), by striking ‘‘and’’ at
12 the end;
13 (2) in subparagraph (H), by adding ‘‘and’’ at
14 the end; and
15 (3) by adding at the end the following:
16 ‘‘(I) any change made to a route’s or serv-
17 ice’s frequency or station stops;’’.
18 (b) 5-YEAR BUSINESS LINE PLANS.—Section
19 24320(b)(2) of title 49, United States Code, is amended—
20 (1) by redesignating subparagraphs (B)
21 through (L) as subparagraphs (C) through (M), re-
22 spectively; and
23 (2) by inserting after subparagraph (A) the fol-
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24 lowing:
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1 ‘‘(B) a detailed description of any plans to
2 permanently change a route’s or service’s fre-
3 quency or station stops for the service line;’’.
4 SEC. 2205. IMPROVED OVERSIGHT OF AMTRAK ACCOUNT-
5 ING.
6 Section 24317 of title 49, United States Code, is
7 amended—
8 (1) in subsection (a)(2), by striking ‘‘and costs
9 among Amtrak business lines’’ and inserting ‘‘, in-
10 cluding Federal grant funds, and costs among Am-
11 trak service lines’’;
12 (2) by amending subsection (b) to read as fol-
13 lows:
14 ‘‘(b) ACCOUNT STRUCTURE.—
15 ‘‘(1) IN GENERAL.—The Secretary of Transpor-
16 tation, in consultation with Amtrak, shall define,
17 maintain, and periodically update an account struc-
18 ture and improvements to accounting methodologies,
19 as necessary, to support the Northeast Corridor and
20 the National Network.
21 ‘‘(2) NOTIFICATION OF SUBSTANTIVE
22 CHANGES.—The Secretary shall notify the Com-
23 mittee on Commerce, Science, and Transportation of
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24 the Senate, the Committee on Appropriations of the
25 Senate, the Committee on Transportation and Infra-
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1 structure of the House of Representatives, and the
2 Committee on Appropriations of the House of Rep-
3 resentatives regarding any substantive changes made
4 to the account structure, including changes to—
5 ‘‘(A) the service lines described in section
6 24320(b)(1); and
7 ‘‘(B) the asset lines described in section
8 24320(c)(1).’’;
9 (3) in subsection (c), in the matter preceding
10 paragraph (1), by inserting ‘‘, maintaining, and up-
11 dating’’ after ‘‘defining’’;
12 (4) in subsection (d), in the matter preceding
13 paragraph (1), by inserting ‘‘, maintaining, and up-
14 dating’’ after ‘‘defining’’;
15 (5) by amending subsection (e) to read as fol-
16 lows:
17 ‘‘(e) IMPLEMENTATION AND REPORTING.—
18 ‘‘(1) IN GENERAL.—Amtrak, in consultation
19 with the Secretary of Transportation, shall maintain
20 and implement any account structures and improve-
21 ments defined under subsection (b) to enable Am-
22 trak to produce sources and uses statements for
23 each of the service lines described in section
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24 24320(b)(1) and, as appropriate, each of the asset
25 lines described in section 24320(c)(1), that identify
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1 sources and uses of revenues, appropriations, and
2 transfers between accounts.
3 ‘‘(2) UPDATED SOURCES AND USES STATE-
4 MENTS.—Not later than 30 days after the imple-
5 mentation of subsection (b), and monthly thereafter,
6 Amtrak shall submit to the Secretary of Transpor-
7 tation updated sources and uses statements for each
8 of the service lines and asset lines referred to in
9 paragraph (1). The Secretary and Amtrak may
10 agree to a different frequency of reporting.’’;
11 (6) by striking subsection (h); and
12 (7) by redesignating subsection (i) as subsection
13 (h).
14 SEC. 2206. IMPROVED OVERSIGHT OF AMTRAK SPENDING.
15 (a) ALLOCATION OF COSTS AND REVENUES.—Sec-
16 tion 24318(a) of title 49, United States Code, is amended
17 by striking ‘‘Not later than 180 days after the date of
18 enactment of the Passenger Rail Reform and Investment
19 Act of 2015,’’.
20 (b) GRANT PROCESS AND REPORTING.—Section
21 24319 of title 49, United States Code, is amended—
22 (1) in the section heading, by inserting ‘‘and
23 reporting’’ after ‘‘process’’;
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24 (2) by amending subsection (a) to read as fol-
25 lows:
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1 ‘‘(a) PROCEDURES FOR GRANT REQUESTS.—The
2 Secretary of Transportation shall—
3 ‘‘(1) establish and maintain substantive and
4 procedural requirements, including schedules, for
5 grant requests under this section; and
6 ‘‘(2) report any changes to such procedures
7 to—
8 ‘‘(A) the Committee on Commerce,
9 Science, and Transportation of the Senate;
10 ‘‘(B) the Committee on Appropriations of
11 the Senate;
12 ‘‘(C) the Committee on Transportation and
13 Infrastructure of the House of Representatives;
14 and
15 ‘‘(D) the Committee on Appropriations of
16 the House of Representatives.’’;
17 (3) by amending subsection (c) to read as fol-
18 lows:
19 ‘‘(c) CONTENTS.—
20 ‘‘(1) IN GENERAL.—Each grant request under
21 subsection (b) shall, as applicable—
22 ‘‘(A) categorize and identify, by source, the
23 Federal funds and program income that will be
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24 used for the upcoming fiscal year for each of
25 the Northeast Corridor and National Network
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1 in 1 of the categories or subcategories set forth
2 in paragraph (2);
3 ‘‘(B) describe the operations, services, pro-
4 grams, projects, and other activities to be fund-
5 ed within each of the categories set forth in
6 paragraph (2), including—
7 ‘‘(i) the estimated scope, schedule,
8 and budget necessary to complete each
9 project and program; and
10 ‘‘(ii) the performance measures used
11 to quantify expected and actual project
12 outcomes and benefits, aggregated by fiscal
13 year, project milestone, and any other ap-
14 propriate grouping; and
15 ‘‘(C) describe the status of efforts to im-
16 prove Amtrak’s safety culture.
17 ‘‘(2) GRANT CATEGORIES.—
18 ‘‘(A) OPERATING EXPENSES.—Each grant
19 request to use Federal funds for operating ex-
20 penses shall—
21 ‘‘(i) include estimated net operating
22 costs not covered by other Amtrak revenue
23 sources;
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1 ‘‘(ii) specify Federal funding re-
2 quested for each service line described in
3 section 24320(b)(1); and
4 ‘‘(iii) be itemized by route.
5 ‘‘(B) DEBT SERVICE.—A grant request to
6 use Federal funds for expenses related to debt,
7 including payment of principle and interest, as
8 allowed under section 205 of the Passenger Rail
9 Investment and Improvement Act of 2008
10 (Public Law 110–432; 49 U.S.C. 24101 note).
11 ‘‘(C) CAPITAL.—A grant request to use
12 Federal funds and program income for capital
13 expenses shall include capital projects and pro-
14 grams primarily associated with—
15 ‘‘(i) normalized capital replacement
16 programs, including regularly recurring
17 work programs implemented on a system-
18 atic basis on classes of physical railroad
19 assets, such as track, structures, electric
20 traction and power systems, rolling stock,
21 and communications and signal systems, to
22 maintain and sustain the condition and
23 performance of such assets to support con-
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24 tinued railroad operations;
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1 ‘‘(ii) improvement projects to support
2 service and safety enhancements, including
3 discrete projects implemented in accord-
4 ance with a fixed scope, schedule, and
5 budget that result in enhanced or new in-
6 frastructure, equipment, or facilities;
7 ‘‘(iii) backlog capital replacement
8 projects, including discrete projects imple-
9 mented in accordance with a fixed scope,
10 schedule, and budget that primarily replace
11 or rehabilitate major infrastructure assets,
12 including tunnels, bridges, stations, and
13 similar assets, to reduce the state of good
14 repair backlog on the Amtrak network;
15 ‘‘(iv) strategic initiative projects, in-
16 cluding discrete projects implemented in
17 accordance with a fixed scope, schedule,
18 and budget that primarily improve overall
19 operational performance, lower costs, or
20 otherwise improve Amtrak’s corporate effi-
21 ciency; and
22 ‘‘(v) statutory, regulatory, or other le-
23 gally mandated projects, including discrete
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24 projects implemented in accordance with a
25 fixed scope, schedule, and budget that en-
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1 able Amtrak to fulfill specific legal or regu-
2 latory mandates.
3 ‘‘(D) CONTINGENCY.—A grant request to
4 use Federal funds for operating and capital ex-
5 pense contingency shall include—
6 ‘‘(i) contingency levels for specified
7 activities and operations; and
8 ‘‘(ii) a process for the utilization of
9 such contingency.
10 ‘‘(3) MODIFICATION OF CATEGORIES.—The
11 Secretary of Transportation and Amtrak may jointly
12 agree to modify the categories set forth in paragraph
13 (2) if such modifications are necessary to improve
14 the transparency, oversight, or delivery of projects
15 funded through grant requests under this section.’’;
16 (4) in subsection (d)(1)(A)—
17 (A) by inserting ‘‘complete’’ after ‘‘submits
18 a’’;
19 (B) by striking ‘‘shall complete’’ and in-
20 serting ‘‘shall finish’’; and
21 (C) in clause (ii), by striking ‘‘incomplete
22 or’’;
23 (5) in subsection (e)—
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24 (A) in paragraph (1)—
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1 (i) by striking ‘‘and other activities to
2 be funded by the grant’’ and inserting
3 ‘‘programs, projects, and other activities to
4 be funded by the grant, consistent with the
5 categories required for Amtrak in a grant
6 request under subsection (c)(1)(A)’’; and
7 (ii) by striking ‘‘or activities’’ and in-
8 serting ‘‘programs, projects, and other ac-
9 tivities’’; and
10 (B) in paragraph (3)—
11 (i) by redesignating subparagraphs
12 (A) and (B) as subparagraphs (B) and
13 (C), respectively; and
14 (ii) by inserting before subparagraph
15 (B), as redesignated, the following:
16 ‘‘(A) using an otherwise allowable ap-
17 proach to the method prescribed for a specific
18 project or category of projects under paragraph
19 (2) if the Secretary and Amtrak agree that a
20 different payment method is necessary to more
21 successfully implement and report on an oper-
22 ation, service, program, project, or other activ-
23 ity;’’;
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24 (6) by redesignating subsection (h) as sub-
25 section (j); and
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1 (7) by inserting after subsection (g) the fol-
2 lowing:
3 ‘‘(h) APPLICABLE LAWS AND REGULATIONS.—
4 ‘‘(1) SINGLE AUDIT ACT OF 1984.—Notwith-
5 standing section 24301(a)(3) of this title and section
6 7501(a)(13) of title 31, Amtrak shall be deemed a
7 ‘non-Federal entity’ for purposes of chapter 75 of
8 title 31.
9 ‘‘(2) REGULATIONS AND GUIDANCE.—The Sec-
10 retary of Transportation may apply some or all of
11 the requirements set forth in the regulations and
12 guidance promulgated by the Secretary relating to
13 the management, administration, cost principles, and
14 audit requirements for Federal awards.
15 ‘‘(i) AMTRAK GRANT REPORTING.—The Secretary of
16 Transportation shall determine the varying levels of detail
17 and information that will be included in reports for oper-
18 ations, services, program, projects, program income, cash
19 on hand, and other activities within each of the grant cat-
20 egories described in subsection (c)(2).’’.
21 (c) CONFORMING AMENDMENTS.—
22 (1) REPORTS AND AUDITS.—Section
23 24315(b)(1) of title 49, United States Code, is
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24 amended—
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1 (A) in subparagraph (A), by striking ‘‘the
2 goal of section 24902(b) of this title; and’’ and
3 inserting ‘‘the goal described in section
4 24902(a);’’;
5 (B) in subparagraph (B), by striking the
6 period at the end and inserting ‘‘; and’’; and
7 (C) by adding at the end the following:
8 ‘‘(C) shall incorporate the categories de-
9 scribed in section 24319(c)(2).’’.
10 (2) CLERICAL AMENDMENT.—The analysis for
11 chapter 243 of title 49, United States Code, is
12 amended by striking the item relating to section
13 24319 and inserting the following:
‘‘24319. Grant process and reporting.’’.
14 SEC. 2207. INCREASING SERVICE LINE AND ASSET LINE
15 PLAN TRANSPARENCY.
16 (a) IN GENERAL.—Section 24320 of title 49, United
17 States Code, is amended—
18 (1) in the section heading, by striking ‘‘busi-
19 ness line and asset plans’’ and inserting
20 ‘‘service line and asset line plans’’;
21 (2) in subsection (a)—
22 (A) in paragraph (1)—
23 (i) by striking ‘‘of each year’’ and in-
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24 serting ‘‘, 2020, and biennially thereafter’’;
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1 (ii) by striking ‘‘5-year business line
2 plans and 5-year asset plans’’ and insert-
3 ing ‘‘5-year service line plans and 5-year
4 asset line plans’’; and
5 (iii) by adding at the end the fol-
6 lowing: ‘‘During each year in which Am-
7 trak is not required to submit a plan under
8 this paragraph, Amtrak shall submit to
9 Congress updated financial sources and
10 uses statements and forecasts with the an-
11 nual report required under section
12 24315(b).’’; and
13 (B) in paragraph (2), by striking ‘‘asset
14 plan required in’’ and inserting ‘‘asset line plan
15 required under’’;
16 (3) in subsection (b)—
17 (A) in the subsection heading, by striking
18 ‘‘BUSINESS’’ and inserting ‘‘SERVICE’’;
19 (B) in paragraph (1)—
20 (i) in the paragraph heading, by strik-
21 ing ‘‘BUSINESS’’ and inserting ‘‘SERVICE’’;
22 (ii) by striking ‘‘business’’ each place
23 such term appears and inserting ‘‘service’’;
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24 (iii) by amending subparagraph (B) to
25 read as follows:
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1 ‘‘(B) Amtrak State-supported train serv-
2 ices.’’;
3 (iv) in subparagraph (C), by striking
4 ‘‘routes’’ and inserting ‘‘train services’’;
5 and
6 (v) by adding at the end the following:
7 ‘‘(E) Infrastructure access services for use
8 of Amtrak-owned or Amtrak-controlled infra-
9 structure and facilities.’’;
10 (C) in paragraph (2)—
11 (i) in the paragraph heading, by strik-
12 ing ‘‘BUSINESS’’ and inserting ‘‘SERVICE’’;
13 (ii) by striking ‘‘business’’ each place
14 such term appears and inserting ‘‘service’’;
15 (iii) in subparagraph (A), by striking
16 ‘‘Strategic Plan and 5-year asset plans’’
17 and inserting ‘‘5-year asset line plans’’;
18 (iv) in subparagraph (F) (as redesig-
19 nated by section 2204(b)(1)), by striking
20 ‘‘profit and loss’’ and inserting ‘‘sources
21 and uses’’;
22 (v) by striking subparagraph (G) (as
23 redesignated by section 2204(b)(1));
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24 (vi) by redesignating subparagraphs
25 (H) through (M) (as redesignated by sec-
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136
1 tion 2204(b)(1)) as subparagraphs (G)
2 through (L), respectively; and
3 (vii) by amending subparagraph (I)
4 (as so redesignated) to read as follows:
5 ‘‘(I) financial performance for each route,
6 if deemed applicable by the Secretary, within
7 each service line, including descriptions of the
8 cash operating loss or contribution;’’;
9 (D) in paragraph (3)—
10 (i) in the paragraph heading, by strik-
11 ing ‘‘BUSINESS’’ and inserting ‘‘SERVICE’’;
12 (ii) by striking ‘‘business’’ each place
13 such term appears and inserting ‘‘service’’;
14 (iii) by redesignating subparagraphs
15 (A), (B), (C), and (D) as clauses (i), (ii),
16 (iii), and (iv), respectively, and moving
17 such clauses 2 ems to the right;
18 (iv) by inserting before clause (i), as
19 redesignated, the following:
20 ‘‘(A) not later than 180 days after the date
21 of enactment of the Passenger Rail Expansion
22 and Rail Safety Act of 2021, submit to the Sec-
23 retary, for approval, a consultation process for
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24 the development of each service line plan that
25 requires Amtrak to—’’;
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1 (v) in subparagraph (A), as amended
2 by clause (iv)—
3 (I) in clause (iii), as redesig-
4 nated, by inserting ‘‘and submit the
5 final service line plan required under
6 subsection (a)(1) to the State-Sup-
7 ported Route Committee’’ before the
8 semicolon at the end;
9 (II) in clause (iv), as redesig-
10 nated, by inserting ‘‘and’’ after the
11 semicolon at the end; and
12 (III) by adding at the end the
13 following:
14 ‘‘(v) for the infrastructure access serv-
15 ice line plan, consult with the Northeast
16 Corridor Commission and other entities, as
17 appropriate, and submit the final asset line
18 plan under subsection (a)(1) to the North-
19 east Corridor Commission;’’; and
20 (vi) by redesignating subparagraphs
21 (E) and (F) as subparagraphs (B) and
22 (C), respectively;
23 (E) by redesignating paragraph (4) as
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24 paragraph (5); and
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1 (F) by inserting after paragraph (3)(C), as
2 redesignated, the following:
3 ‘‘(4) 5-YEAR SERVICE LINE PLANS UPDATES.—
4 Amtrak may modify the service line plans described
5 in paragraph (1), upon the approval of the Sec-
6 retary, if the Secretary determines that such modi-
7 fications are necessary to improve the transparency,
8 oversight, and delivery of Amtrak services and the
9 use of Federal funds by Amtrak.’’; and
10 (4) in subsection (c)—
11 (A) in the subsection heading, by inserting
12 ‘‘LINE’’ after ‘‘ASSET’’;
13 (B) in paragraph (1)—
14 (i) in the paragraph heading, by strik-
15 ing ‘‘CATEGORIES’’ and inserting ‘‘LINES’’;
16 (ii) in the matter preceding subpara-
17 graph (A), by striking ‘‘asset plan for each
18 of the following asset categories’’ and in-
19 serting ‘‘asset line plan for each of the fol-
20 lowing asset lines’’;
21 (iii) by redesignating subparagraphs
22 (A), (B), (C), and (D) as subparagraphs
23 (B), (C), (D), and (E), respectively;
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24 (iv) by inserting before subparagraph
25 (B), as redesignated, the following:
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1 ‘‘(A) Transportation, including activities
2 and resources associated with the operation and
3 movement of Amtrak trains, onboard services,
4 and amenities.’’;
5 (v) in subparagraph (B), as redesig-
6 nated, by inserting ‘‘and maintenance-of-
7 way equipment’’ after ‘‘facilities’’; and
8 (vi) in subparagraph (C), as redesig-
9 nated, by striking ‘‘Passenger rail equip-
10 ment’’ and inserting ‘‘Equipment’’;
11 (C) in paragraph (2)—
12 (i) in the paragraph heading, by in-
13 serting ‘‘LINE’’ after ‘‘ASSET’’;
14 (ii) in the matter preceding subpara-
15 graph (A), by inserting ‘‘line’’ after
16 ‘‘asset’’;
17 (iii) in subparagraph (A), by striking
18 ‘‘category’’ and inserting ‘‘line’’;
19 (iv) in subparagraph (C)(iii)(III), by
20 striking ‘‘and’’ at the end;
21 (v) by amending subparagraph (D) to
22 read as follows:
23 ‘‘(D) annual sources and uses statements
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24 and forecasts for each asset line; and’’; and
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1 (vi) by adding at the end the fol-
2 lowing:
3 ‘‘(E) other elements that Amtrak elects to
4 include.’’;
5 (D) in paragraph (3)—
6 (i) in the paragraph heading, by in-
7 serting ‘‘LINE’’ after ‘‘ASSET’’;
8 (ii) by redesignating subparagraphs
9 (A) and (B) as clauses (i) and (ii) and
10 moving such clauses 2 ems to the right;
11 (iii) by inserting before clause (i), as
12 redesignated, the following:
13 ‘‘(A) not later than 180 days after the date
14 of enactment of the Passenger Rail Expansion
15 and Rail Safety Act of 2021, submit to the Sec-
16 retary, for approval, a consultation process for
17 the development of each asset line plan that re-
18 quires Amtrak to—’’;
19 (iv) in subparagraph (A), as added by
20 clause (iii)—
21 (I) in clause (i), as redesig-
22 nated—
23 (aa) by striking ‘‘business’’
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24 each place such term appears
25 and inserting ‘‘service’’;
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1 (bb) by inserting ‘‘line’’
2 after ‘‘asset’’ each place such
3 term appears; and
4 (cc) by adding ‘‘and’’ at the
5 end; and
6 (II) in clause (ii), as redesig-
7 nated—
8 (aa) by inserting ‘‘consult
9 with the Secretary of Transpor-
10 tation in the development of
11 asset line plans and,’’ before ‘‘as
12 applicable’’; and
13 (bb) by inserting ‘‘line’’
14 after ‘‘5-year asset’’;
15 (v) by redesignating subparagraph (C)
16 as subparagraph (B); and
17 (vi) in subparagraph (B), as redesig-
18 nated, by striking ‘‘category’’ and inserting
19 ‘‘line’’;
20 (E) by redesignating paragraphs (4), (5),
21 (6), and (7) as paragraphs (5), (6), (7), and
22 (8), respectively;
23 (F) by inserting after paragraph (3) the
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24 following:
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1 ‘‘(4) 5-YEAR ASSET LINE PLAN UPDATES.—Am-
2 trak may modify the asset line plans described in
3 paragraph (1) if the Secretary determines that such
4 modifications are necessary to improve the trans-
5 parency, oversight, and delivery of Amtrak services
6 and the use of Federal funds by Amtrak.’’;
7 (G) in paragraph (5)(A), as redesignated,
8 by inserting ‘‘, but shall not include corporate
9 services (as defined pursuant to section
10 24317(b))’’ after ‘‘national assets’’; and
11 (H) in paragraph (7), as redesignated, by
12 striking ‘‘paragraph (4)’’ and inserting ‘‘para-
13 graph (5)’’.
14 (b) CLERICAL AMENDMENT.—The analysis for chap-
15 ter 243 of title 49, United States Code, is amended by
16 striking the item relating to section 24320 and inserting
17 the following:
‘‘24320. Amtrak 5-year service line and asset line plans.’’.
18 (c) EFFECTIVE DATES.—Section 11203(b) of the
19 Passenger Rail Reform and Investment Act of 2015 (49
20 U.S.C. 24320 note) is amended—
21 (1) by striking ‘‘business’’ each place such term
22 appears and inserting ‘‘service’’; and
23 (2) by inserting ‘‘line’’ after ‘‘asset’’ each place
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24 such term appears.
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1 SEC. 2208. PASSENGER EXPERIENCE ENHANCEMENT.
2 (a) IN GENERAL.—Section 24305(c)(4) of title 49,
3 United States Code, is amended by striking ‘‘only if reve-
4 nues from the services each year at least equal the cost
5 of providing the services’’.
6 (b) FOOD AND BEVERAGE SERVICE WORKING
7 GROUP.—
8 (1) IN GENERAL.—Section 24321 of title 49,
9 United States Code, is amended to read as follows:
10 ‘‘§ 24321. Food and beverage service
11 ‘‘(a) WORKING GROUP.—
12 ‘‘(1) ESTABLISHMENT.—Not later than 180
13 days after enactment of the Passenger Rail Expan-
14 sion and Rail Safety Act of 2021, Amtrak shall es-
15 tablish a working group to provide recommendations
16 to improve Amtrak’s onboard food and beverage
17 service.
18 ‘‘(2) MEMBERSHIP.—The working group shall
19 consist of individuals representing—
20 ‘‘(A) Amtrak;
21 ‘‘(B) the labor organizations representing
22 Amtrak employees who prepare or provide on-
23 board food and beverage service;
24 ‘‘(C) nonprofit organizations representing
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25 Amtrak passengers; and
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1 ‘‘(D) States that are providing funding for
2 State-supported routes.
3 ‘‘(b) REPORT.—Not later than 1 year after the estab-
4 lishment of the working group pursuant to subsection (a),
5 the working group shall submit a report to the Committee
6 on Commerce, Science, and Transportation of the Senate
7 and the Committee on Transportation and Infrastructure
8 of the House of Representatives containing recommenda-
9 tions for improving Amtrak’s food and beverage service,
10 including—
11 ‘‘(1) ways to improve the financial performance
12 of Amtrak;
13 ‘‘(2) ways to increase and retain ridership;
14 ‘‘(3) the differing needs of passengers traveling
15 on long-distance routes, State supported routes, and
16 the Northeast Corridor;
17 ‘‘(4) Amtrak passenger survey data about the
18 food and beverages offered on Amtrak trains;
19 ‘‘(5) ways to incorporate local food and bev-
20 erage items on State-supported routes; and
21 ‘‘(6) any other issue that the working group de-
22 termines to be appropriate.
23 ‘‘(c) IMPLEMENTATION.—Not later than 180 days
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24 after the submission of the report pursuant to subsection
25 (b), Amtrak shall submit a plan for implementing the rec-
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1 ommendations of the working group, and an explanation
2 for any of the working group’s recommendations it does
3 not agree with and does not plan on implementing to the
4 Committee on Commerce, Science, and Transportation of
5 the Senate and the Committee on Transportation and In-
6 frastructure of the House of Representatives.
7 ‘‘(d) SAVINGS CLAUSE.—Amtrak shall ensure that no
8 Amtrak employee who held a position on a long distance
9 or Northeast Corridor route as of the date of enactment
10 of the Passenger Rail Expansion and Rail Safety Act of
11 2021, is involuntarily separated because of the develop-
12 ment and implementation of the plan required under this
13 section.’’.
14 (2) CLERICAL AMENDMENT.—The analysis for
15 chapter 243 of title 49, United States Code, is
16 amended by striking the item relating to section
17 24321 and inserting the following:
‘‘24321. Food and beverage service.’’.
18 SEC. 2209. AMTRAK SMOKING POLICY.
19 (a) IN GENERAL.—Chapter 243 of title 49, United
20 States Code, is amended by adding at the end the fol-
21 lowing:
22 ‘‘§ 24323. Prohibition on smoking on Amtrak trains
23 ‘‘(a) PROHIBITION.—Beginning on the date of enact-
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24 ment of this section, Amtrak shall prohibit smoking, in-
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1 cluding the use of electronic cigarettes, onboard all Am-
2 trak trains.
3 ‘‘(b) ELECTRONIC CIGARETTE DEFINED.—In this
4 section, the term ‘electronic cigarette’ means a device that
5 delivers nicotine or other substances to a user of the device
6 in the form of a vapor that is inhaled to simulate the expe-
7 rience of smoking.’’.
8 (b) CONFORMING AMENDMENT.—The analysis for
9 chapter 243 of title 49, United States Code, is amended
10 by adding at the end the following:
‘‘24323. Prohibition on smoking on Amtrak trains.’’.
11 SEC. 2210. PROTECTING AMTRAK ROUTES THROUGH
12 RURAL COMMUNITIES.
13 Section 24706 of title 49, United States Code, is
14 amended—
15 (1) in subsection (a), by striking ‘‘subsection
16 (b) of this section, at least 180 days’’ and inserting
17 ‘‘subsection (c), not later than 180 days’’;
18 (2) by redesignating subsections (b) and (c) as
19 subsections (c) and (e), respectively;
20 (3) by inserting after subsection (a) the fol-
21 lowing:
22 ‘‘(b) DISCONTINUANCE OR SUBSTANTIAL ALTER-
23 ATION OF LONG-DISTANCE ROUTES.—Except as provided
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24 in subsection (c), in an emergency, or during maintenance
25 or construction outages impacting Amtrak routes, Amtrak
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1 may not discontinue, reduce the frequency of, suspend, or
2 substantially alter the route of rail service on any segment
3 of any long-distance route in any fiscal year in which Am-
4 trak receives adequate Federal funding for such route on
5 the National Network.’’; and
6 (4) by inserting after subsection (c), as redesig-
7 nated, the following:
8 ‘‘(d) CONGRESSIONAL NOTIFICATION OF DIS-
9 CONTINUANCE.—Except as provided in subsection (c), not
10 later than 210 days before discontinuing service over a
11 route, Amtrak shall give written notice of such discontinu-
12 ance to all of the members of Congress representing any
13 State or district in which the discontinuance would
14 occur.’’.
15 SEC. 2211. STATE-SUPPORTED ROUTE COMMITTEE.
16 (a) STATE-SUPPORTED ROUTE COMMITTEE.—Sec-
17 tion 24712(a) of title 49, United States Code, is amend-
18 ed—
19 (1) in paragraph (1)—
20 (A) by striking ‘‘Not later than 180 days
21 after the date of enactment of the Passenger
22 Rail Reform and Investment Act of 2015, the
23 Secretary of Transportation shall establish’’
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24 and inserting ‘‘There is established’’; and
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1 (B) by inserting ‘‘current and future’’ be-
2 fore ‘‘rail operations’’;
3 (2) by redesignating paragraphs (4), (5), and
4 (6) as paragraphs (5), (6), and (7), respectively;
5 (3) by inserting after paragraph (3) the fol-
6 lowing:
7 ‘‘(4) ABILITY TO CONDUCT CERTAIN BUSI-
8 NESS.—If all of the members of 1 voting bloc de-
9 scribed in paragraph (3) abstain from a Committee
10 decision, agreement between the other 2 voting blocs
11 consistent with the procedures set forth in such
12 paragraph shall be deemed sufficient for purpose of
13 achieving unanimous consent.’’;
14 (4) in paragraph (5), as redesignated, in the
15 matter preceding subparagraph (A)—
16 (A) by striking ‘‘convene a meeting and
17 shall define and implement’’ and inserting ‘‘de-
18 fine and periodically update’’; and
19 (B) by striking ‘‘not later than 180 days
20 after the date of establishment of the Com-
21 mittee by the Secretary’’; and
22 (5) in paragraph (7), as redesignated—
23 (A) in the paragraph heading, by striking
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24 ‘‘ALLOCATION METHODOLOGY’’ and inserting
25 ‘‘METHODOLOGY POLICY’’;
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1 (B) in subparagraph (A), by striking ‘‘allo-
2 cation methodology’’ and inserting ‘‘method-
3 ology policy’’;
4 (C) by amending subparagraph (B) to read
5 as follows:
6 ‘‘(B) REVISIONS TO COST METHODOLOGY
7 POLICY.—
8 ‘‘(i) REQUIREMENT TO REVISE AND
9 UPDATE.—Subject to rules and procedures
10 established pursuant to clause (iii), not
11 later than March 31, 2022, the Committee
12 shall revise and update the cost method-
13 ology policy required and previously ap-
14 proved under section 209 of the Passenger
15 Rail Investment and Improvement Act of
16 2008 (49 U.S.C. 20901 note). The Com-
17 mittee shall implement a revised cost meth-
18 odology policy during fiscal year 2023. Not
19 later than 30 days after the adoption of
20 the revised cost methodology policy, the
21 Committee shall submit a report docu-
22 menting and explaining any changes to the
23 cost methodology policy and plans for im-
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24 plementation of such policy, including a de-
25 scription of the improvements to the ac-
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1 counting information provided by Amtrak
2 to the States, to the Committee on Com-
3 merce, Science, and Transportation of the
4 Senate and the Committee on Transpor-
5 tation and Infrastructure of the House of
6 Representatives. The revised cost method-
7 ology policy shall ensure that States will be
8 responsible for costs attributable to the
9 provision of service for their routes.
10 ‘‘(ii) IMPLEMENTATION IMPACTS ON
11 FEDERAL FUNDING.—To the extent that a
12 revision developed pursuant to clause (i)
13 assigns to Amtrak costs that were pre-
14 viously allocated to States, Amtrak shall
15 request with specificity such additional
16 funding in the general and legislative an-
17 nual report required under section 24315
18 or in any appropriate subsequent Federal
19 funding request for the fiscal year in which
20 the revised cost methodology policy will be
21 implemented.
22 ‘‘(iii) PROCEDURES FOR CHANGING
23 METHODOLOGY.—Notwithstanding section
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24 209(b) of the Passenger Rail Investment
25 and Improvement Act of 2008 (49 U.S.C.
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1 20901 note), the rules and procedures im-
2 plemented pursuant to paragraph (5) shall
3 include—
4 ‘‘(I) procedures for changing the
5 cost methodology policy in accordance
6 with clause (i); and
7 ‘‘(II) procedures or broad guide-
8 lines for conducting financial plan-
9 ning, including operating and capital
10 forecasting, reporting, data sharing,
11 and governance.’’;
12 (D) in subparagraph (C)—
13 (i) in the matter preceding clause (i),
14 by striking ‘‘allocation methodology’’ and
15 inserting ‘‘methodology policy’’;
16 (ii) in clause (i), by striking ‘‘and’’ at
17 the end;
18 (iii) in clause (ii)—
19 (I) by striking ‘‘allocate’’ and in-
20 serting ‘‘assign’’; and
21 (II) by striking the period and
22 inserting ‘‘; and’’; and
23 (iv) by adding at the end the fol-
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24 lowing:
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1 ‘‘(iii) promote increased efficiency in
2 Amtrak’s operating and capital activities.’’;
3 and
4 (E) by adding at the end the following:
5 ‘‘(D) INDEPENDENT EVALUATION.—Not
6 later than March 31 of each year, the Com-
7 mittee shall ensure that an independent entity
8 selected by the Committee has completed an
9 evaluation to determine whether State pay-
10 ments for the most recently concluded fiscal
11 year are accurate and comply with the applica-
12 ble cost allocation methodology.’’.
13 (b) INVOICES AND REPORTS.—Section 24712(b) of
14 title 49, United States Code, is amended to read as fol-
15 lows:
16 ‘‘(b) INVOICES AND REPORTS.—
17 ‘‘(1) INVOICES.—Amtrak shall provide monthly
18 invoices to the Committee and to each State that
19 sponsors a State-supported route that identify the
20 operating costs for such route, including fixed costs
21 and third-party costs.
22 ‘‘(2) REPORTS.—
23 ‘‘(A) IN GENERAL.—The Committee shall
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24 determine the frequency and contents of—
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1 ‘‘(i) the financial and performance re-
2 ports that Amtrak is required to provide to
3 the Committee and the States; and
4 ‘‘(ii) the planning and demand reports
5 that the States are required to provide to
6 the Committee and Amtrak.
7 ‘‘(B) MONTHLY STATISTICAL REPORT.—
8 ‘‘(i) DEVELOPMENT.—Consistent with
9 the revisions to the policy required under
10 subsection (a)(7)(B), the Committee shall
11 develop a report that contains the general
12 ledger data and operating statistics from
13 Amtrak’s accounting systems used to cal-
14 culate payments to States.
15 ‘‘(ii) PROVISION OF NECESSARY
16 DATA.—Not later than 30 days after the
17 last day of each month, Amtrak shall pro-
18 vide to the States and to the Committee
19 the necessary data to complete the report
20 developed pursuant to clause (i) for such
21 month.’’.
22 (c) DISPUTE RESOLUTION.—Section 24712(c) of title
23 49, United States Code, is amended—
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24 (1) in paragraph (1)—
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1 (A) by striking ‘‘(a)(4)’’ and inserting
2 ‘‘(a)(5)’’; and
3 (B) by striking ‘‘(a)(6)’’ and inserting
4 ‘‘(a)(7)’’; and
5 (2) in paragraph (4), by inserting ‘‘related to a
6 State-supported route that a State sponsors that is’’
7 after ‘‘amount’’.
8 (d) PERFORMANCE METRICS.—Section 24712(e) of
9 title 49, United States Code, is amended by inserting ‘‘,
10 including incentives to increase revenue, reduce costs, fi-
11 nalize contracts by the beginning of the fiscal year, and
12 require States to promptly make payments for services de-
13 livered’’ before the period at the end.
14 (e) STATEMENT OF GOALS AND OBJECTIVES.—Sec-
15 tion 24712(f) of title 49, United States Code, is amend-
16 ed—
17 (1) in paragraph (1), by inserting ‘‘, and review
18 and update, as necessary,’’ after ‘‘shall develop’’;
19 (2) in paragraph (2), by striking ‘‘Not later
20 than 2 years after the date of enactment of the Pas-
21 senger Rail Reform and Investment Act of 2015, the
22 Committee shall transmit the statement’’ and insert-
23 ing ‘‘As applicable, based on updates, the Committee
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24 shall submit an updated statement’’; and
25 (3) by adding at the end the following:
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1 ‘‘(3) SENSE OF CONGRESS.—It is the sense of
2 Congress that—
3 ‘‘(A) the Committee shall be the forum
4 where Amtrak and the States collaborate on the
5 planning, improvement, and development of cor-
6 ridor routes across the National Network; and
7 ‘‘(B) such collaboration should include reg-
8 ular consultation with interstate rail compact
9 parties and other regional planning organiza-
10 tions that address passenger rail.’’.
11 (f) OTHER REFORMS RELATED TO STATE-SUP-
12 PORTED ROUTES.—Section 24712 of title 49, United
13 States Code, as amended by subsections (a) through (e),
14 is further amended—
15 (1) by redesignating subsections (g) and (h) as
16 subsections (k) and (l), respectively; and
17 (2) by inserting after subsection (f) the fol-
18 lowing:
19 ‘‘(g) NEW STATE-SUPPORTED ROUTES.—
20 ‘‘(1) CONSULTATION.—In developing a new
21 State-supported route, Amtrak shall consult with—
22 ‘‘(A) the State or States and local munici-
23 palities through which such new service would
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24 operate;
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1 ‘‘(B) commuter authorities and regional
2 transportation authorities in the areas that
3 would be served by the planned route;
4 ‘‘(C) host railroads;
5 ‘‘(D) the Administrator of the Federal
6 Railroad Administration; and
7 ‘‘(E) other stakeholders, as appropriate.
8 ‘‘(2) STATE COMMITMENTS.—Notwithstanding
9 any other provision of law, before beginning con-
10 struction necessary for, or beginning operation of, a
11 State-supported route that is initiated on or after
12 the date of enactment of the Passenger Rail Expan-
13 sion and Rail Safety Act of 2021, Amtrak shall
14 enter into a memorandum of understanding, or oth-
15 erwise secure an agreement, with each State in
16 which such route will operate for sharing—
17 ‘‘(A) ongoing operating costs and capital
18 costs in accordance with the cost methodology
19 policy referred to in subsection (a)(7) then in
20 effect; or
21 ‘‘(B) ongoing operating costs and capital
22 costs in accordance with the maximum funding
23 limitations described in section 22908(e).
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24 ‘‘(3) APPLICATION OF TERMS.—In this sub-
25 section, the terms ‘capital costs’ and ‘operating
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1 costs’ shall apply in the same manner as such terms
2 apply under the cost methodology policy developed
3 pursuant to subsection (a)(7).
4 ‘‘(h) COST METHODOLOGY POLICY UPDATE IMPLE-
5 MENTATION REPORT.—Not later than 18 months after
6 the updated cost methodology policy required under sub-
7 section (a)(7)(B) is implemented, the Committee shall
8 submit a report to the Committee on Commerce, Science,
9 and Transportation of the Senate and the Committee on
10 Transportation and Infrastructure of the House of Rep-
11 resentatives that assesses the implementation of the up-
12 dated policy.
13 ‘‘(i) IDENTIFICATION OF STATE-SUPPORTED ROUTE
14 CHANGES.—Amtrak shall—
15 ‘‘(1) not later than 120 days before the submis-
16 sion of the general and legislative annual report re-
17 quired under section 24315(b), consult with the
18 Committee and any additional States through which
19 a State-supported route may operate regarding any
20 proposed changes to such route; and
21 ‘‘(2) include in such report an update of any
22 planned or proposed changes to State-supported
23 routes, including the introduction of new State-sup-
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24 ported routes, including—
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1 ‘‘(A) the timeframe in which such changes
2 would take effect; and
3 ‘‘(B) whether Amtrak has entered into
4 commitments with the affected States pursuant
5 subsection (g)(2).
6 ‘‘(j) ECONOMIC ANALYSIS.—Not later than 3 years
7 after the date of enactment of the Passenger Rail Expan-
8 sion and Rail Safety Act of 2021, the Committee shall
9 submit a report to the Committee on Commerce, Science,
10 and Transportation of the Senate and the Committee on
11 Transportation and Infrastructure of the House of Rep-
12 resentatives that—
13 ‘‘(1) describes the role of the State-supported
14 routes in economic development; and
15 ‘‘(2) examines the impacts of the State-sup-
16 ported routes on local station areas, job creation,
17 transportation efficiency, State economies, and the
18 national economy.’’.
19 SEC. 2212. ENHANCING CROSS BORDER SERVICE.
20 (a) IN GENERAL.—Not later than 1 year after the
21 date of enactment of this Act, Amtrak, after consultation
22 with the Secretary, the Secretary of Homeland Security,
23 relevant State departments of transportation, Canadian
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24 governmental agencies and entities, and owners of the rel-
25 evant rail infrastructure and facilities, shall submit a re-
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1 port to the Committee on Commerce, Science, and Trans-
2 portation of the Senate and the Committee on Transpor-
3 tation and Infrastructure of the House of Representatives
4 regarding enhancing Amtrak passenger rail service be-
5 tween the United States and Canada that—
6 (1) identifies challenges to Amtrak operations
7 in Canada, including delays associated with custom
8 and immigration inspections in both the United
9 States and Canada; and
10 (2) includes recommendations to improve such
11 cross border service, including the feasibility of and
12 costs associated with a preclearance facility or facili-
13 ties.
14 (b) ASSISTANCE AND SUPPORT.—The Secretary, the
15 Secretary of State, and the Secretary of Homeland Secu-
16 rity may provide assistance and support requested by Am-
17 trak that is necessary to carry out this section, as deter-
18 mined appropriate by the respective Secretary.
19 SEC. 2213. CREATING QUALITY JOBS.
20 Section 121 of the Amtrak Reform and Account-
21 ability Act of 1997 (49 U.S.C. 24312 note) is amended—
22 (1) by redesignating subsection (d) as sub-
23 section (f); and
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24 (2) by inserting after subsection (c) the fol-
25 lowing:
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1 ‘‘(d) FURLOUGHED WORK.—Amtrak may not con-
2 tract out work within the classification of work performed
3 by an employee in a bargaining unit covered by a collective
4 bargaining agreement entered into between Amtrak and
5 an organization representing Amtrak employees during
6 the period such employee has been laid off and has not
7 been recalled to perform such work.
8 ‘‘(e) AGREEMENT PROHIBITIONS ON CONTRACTING
9 OUT.—This section does not—
10 ‘‘(1) supersede a prohibition or limitation on
11 contracting out work covered by an agreement en-
12 tered into between Amtrak and an organization rep-
13 resenting Amtrak employees; or
14 ‘‘(2) prohibit Amtrak and an organization rep-
15 resenting Amtrak employees from entering into an
16 agreement that allows for contracting out the work
17 of a furloughed employee that would otherwise be
18 prohibited under subsection (d).’’.
19 Subtitle C—Intercity Passenger
20 Rail Policy
21 SEC. 2301. NORTHEAST CORRIDOR PLANNING.
22 Section 24904 of title 49, United States Code, is
23 amended—
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24 (1) by striking subsections (a) and (d);
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1 (2) by redesignating subsections (b) and (c) as
2 subsections (c) and (d), respectively;
3 (3) by inserting before subsection (c), as redes-
4 ignated, the following:
5 ‘‘(a) NORTHEAST CORRIDOR SERVICE DEVELOP-
6 MENT PLAN.—
7 ‘‘(1) IN GENERAL.—Not later than March 31,
8 2022, the Northeast Corridor Commission estab-
9 lished under section 24905 (referred to in this sec-
10 tion as the ‘Commission’) shall submit a service de-
11 velopment plan to Congress.
12 ‘‘(2) CONTENTS.—The plan required under
13 paragraph (1) shall—
14 ‘‘(A) identify key state-of-good-repair, ca-
15 pacity expansion, and capital improvement
16 projects planned for the Northeast Corridor;
17 ‘‘(B) provide a coordinated and consensus-
18 based plan covering a 15-year period;
19 ‘‘(C) identify service objectives and the
20 capital investments required to meet such objec-
21 tives;
22 ‘‘(D) provide a delivery-constrained strat-
23 egy that identifies—
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24 ‘‘(i) capital investment phasing;
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1 ‘‘(ii) an evaluation of workforce needs;
2 and
3 ‘‘(iii) strategies for managing re-
4 sources and mitigating construction im-
5 pacts on operations; and
6 ‘‘(E) include a financial strategy that iden-
7 tifies funding needs and potential funding
8 sources.
9 ‘‘(3) UPDATES.—The Commission shall update
10 the service development plan not less frequently than
11 once every 5 years.
12 ‘‘(b) NORTHEAST CORRIDOR CAPITAL INVESTMENT
13 PLAN.—
14 ‘‘(1) IN GENERAL.—Not later than November 1
15 of each year, the Commission shall—
16 ‘‘(A) develop an annual capital investment
17 plan for the Northeast Corridor; and
18 ‘‘(B) submit the capital investment plan
19 to—
20 ‘‘(i) the Secretary of Transportation;
21 ‘‘(ii) the Committee on Commerce,
22 Science, and Transportation of the Senate;
23 and
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1 ‘‘(iii) the Committee on Transpor-
2 tation and Infrastructure of the House of
3 Representatives.
4 ‘‘(2) CONTENTS.—The plan required under
5 paragraph (1) shall—
6 ‘‘(A) reflect coordination across the entire
7 Northeast Corridor;
8 ‘‘(B) integrate the individual capital plans
9 developed by Amtrak, States, and commuter au-
10 thorities in accordance with the cost allocation
11 policy developed and approved under section
12 24905(c);
13 ‘‘(C) cover a period of 5 fiscal years, begin-
14 ning with the fiscal year during which the plan
15 is submitted;
16 ‘‘(D) notwithstanding section 24902(b),
17 document the projects and programs being un-
18 dertaken to advance the service objectives and
19 capital investments identified in the Northeast
20 Corridor service development plan developed
21 under subsection (a), and the asset condition
22 needs identified in the Northeast Corridor asset
23 management plans, after considering—
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24 ‘‘(i) the benefits and costs of capital
25 investments in the plan;
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1 ‘‘(ii) project and program readiness;
2 ‘‘(iii) the operational impacts; and
3 ‘‘(iv) Federal and non-Federal fund-
4 ing availability;
5 ‘‘(E) categorize capital projects and pro-
6 grams as primarily associated with 1 of the cat-
7 egories listed under section 24319(c)(2)(C);
8 ‘‘(F) identify capital projects and pro-
9 grams that are associated with more than 1
10 category described in subparagraph (E); and
11 ‘‘(G) include a financial plan that identi-
12 fies—
13 ‘‘(i) funding sources and financing
14 methods;
15 ‘‘(ii) the status of cost sharing agree-
16 ments pursuant to the cost allocation pol-
17 icy developed under section 24905(c);
18 ‘‘(iii) the projects and programs that
19 the Commission expects will receive Fed-
20 eral financial assistance; and
21 ‘‘(iv) the eligible entity or entities that
22 the Commission expects—
23 ‘‘(I) to receive the Federal finan-
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24 cial assistance referred to in clause
25 (iii); and
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1 ‘‘(II) to implement each capital
2 project.
3 ‘‘(3) REVIEW AND COORDINATION.—The Com-
4 mission shall require that the information described
5 in paragraph (2) be submitted in a timely manner
6 to allow for a reasonable period of review by, and co-
7 ordination with, affected agencies before the Com-
8 mission submits the capital investment plan pursu-
9 ant to paragraph (1).’’;
10 (4) in subsection (c), as redesignated, by strik-
11 ing ‘‘spent only on—’’ and all that follows and in-
12 serting ‘‘spent only on capital projects and programs
13 contained in the Commission’s capital investment
14 plan for the prior fiscal year.’’; and
15 (5) by amending subsection (d), as redesig-
16 nated, to read as follows:
17 ‘‘(d) NORTHEAST CORRIDOR CAPITAL ASSET MAN-
18 AGEMENT SYSTEM.—
19 ‘‘(1) IN GENERAL.—Amtrak and other infra-
20 structure owners that provide or support intercity
21 rail passenger transportation along the Northeast
22 Corridor shall develop an asset management system
23 and use and update such system, as necessary, to
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24 develop submissions to the Northeast Corridor cap-
25 ital investment plan described in subsection (b).
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1 ‘‘(2) FEATURES.—The system required under
2 paragraph (1) shall develop submissions that—
3 ‘‘(A) are consistent with the transit asset
4 management system (as defined in section
5 5326(a)(3)); and
6 ‘‘(B) include—
7 ‘‘(i) an inventory of all capital assets
8 owned by the developer of the plan;
9 ‘‘(ii) an assessment of condition of
10 such capital assets;
11 ‘‘(iii) a description of the resources
12 and processes that will be necessary to
13 bring or to maintain such capital assets in
14 a state of good repair; and
15 ‘‘(iv) a description of changes in the
16 condition of such capital assets since the
17 submission of the prior version of the
18 plan.’’.
19 SEC. 2302. NORTHEAST CORRIDOR COMMISSION.
20 Section 24905 of title 49, United States Code, is
21 amended—
22 (1) in subsection (a)(1)(D), by inserting ‘‘au-
23 thorities’’ after ‘‘carriers’’;
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24 (2) in subsection (b)(3)(B)—
25 (A) in clause (i)—
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167
1 (i) by inserting ‘‘, including ridership
2 trends,’’ after ‘‘transportation’’; and
3 (ii) by striking ‘‘and’’ at the end;
4 (B) in clause (ii)—
5 (i) by inserting ‘‘first year of the’’
6 after ‘‘the delivery of the’’; and
7 (ii) by striking the period at the end
8 and inserting ‘‘; and’’; and
9 (C) by adding at the end the following:
10 ‘‘(iii) progress in assessing and elimi-
11 nating the state-of-good-repair backlog.’’;
12 (3) in subsection (c)—
13 (A) in paragraph (1)—
14 (i) in the paragraph heading, by strik-
15 ing ‘‘DEVELOPMENT OF POLICY’’ and in-
16 serting ‘‘POLICY’’;
17 (ii) in subparagraph (A), by striking
18 ‘‘develop a standardized policy’’ and insert-
19 ing ‘‘develop and maintain the standard-
20 ized policy first approved on September 17,
21 2015, and update, as appropriate,’’;
22 (iii) by amending subparagraph (B) to
23 read as follows:
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24 ‘‘(B) develop timetables for implementing
25 and maintaining the policy;’’;
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1 (iv) in subparagraph (C), by striking
2 ‘‘the policy and the timetable’’ and insert-
3 ing ‘‘updates to the policy and timetables’’;
4 and
5 (v) by amending subparagraph (D) to
6 read as follows:
7 ‘‘(D) support the efforts of the members of
8 the Commission to implement the policy in ac-
9 cordance with the timetables developed pursu-
10 ant to subparagraph (B);’’;
11 (B) by amending paragraph (2) to read as
12 follows:
13 ‘‘(2) IMPLEMENTATION.—
14 ‘‘(A) IN GENERAL.—In accordance with
15 the timetables developed pursuant to paragraph
16 (1)(B), Amtrak and commuter authorities on
17 the Northeast Corridor shall implement the pol-
18 icy developed under paragraph (1) in their
19 agreements for usage of facilities or services.
20 ‘‘(B) EFFECT OF FAILURE TO IMPLEMENT
21 OR COMPLY WITH POLICY.—If the entities re-
22 ferred to in subparagraph (A) fail to implement
23 the policy in accordance with paragraph (1)(D)
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24 or fail to comply with the policy thereafter, the
25 Surface Transportation Board shall—
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169
1 ‘‘(i) determine the appropriate com-
2 pensation in accordance with the proce-
3 dures and procedural schedule applicable
4 to a proceeding under section 24903(c),
5 after taking into consideration the policy
6 developed under paragraph (1); and
7 ‘‘(ii) enforce its determination on the
8 party or parties involved.’’; and
9 (C) in paragraph (4), by striking ‘‘public
10 authorities providing commuter rail passenger
11 transportation’’ and inserting ‘‘commuter au-
12 thorities’’; and
13 (4) in subsection (d)—
14 (A) by striking ‘‘2016 through 2020’’ and
15 inserting ‘‘2022 through 2026’’; and
16 (B) by striking ‘‘section 11101(g) of the
17 Passenger Rail Reform and Investment Act of
18 2015’’ and inserting ‘‘section 101(e) of the Pas-
19 senger Rail Expansion and Rail Safety Act of
20 2021’’.
21 SEC. 2303. CONSOLIDATED RAIL INFRASTRUCTURE AND
22 SAFETY IMPROVEMENTS.
23 (a) IN GENERAL.—Section 22907 of title 49, United
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24 States Code, is amended—
25 (1) in subsection (b)—
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1 (A) in paragraph (1), by inserting ‘‘(in-
2 cluding the District of Columbia)’’ after
3 ‘‘State’’;
4 (B) in paragraph (6), by inserting ‘‘rail
5 carrier and intercity rail passenger transpor-
6 tation are’’ before ‘‘defined’’;
7 (C) by redesignating paragraphs (8)
8 through (11) as paragraphs (10) through (13),
9 respectively; and
10 (D) by inserting after paragraph (7) the
11 following:
12 ‘‘(8) An association representing 1 or more rail-
13 roads described in paragraph (7).’’;
14 ‘‘(9) A federally recognized Indian Tribe.’’;
15 (2) in subsection (c)—
16 (A) in paragraph (3), by adding ‘‘or safe-
17 ty’’ after ‘‘congestion’’;
18 (B) in paragraph (6), by striking ‘‘and’’
19 and inserting ‘‘or’’;
20 (C) by redesignating paragraphs (11) and
21 (12) as paragraphs (12) and (13), respectively;
22 (D) by inserting after paragraph (10) the
23 following:
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1 ‘‘(11) The development and implementation of
2 measures to prevent trespassing and reduce associ-
3 ated injuries and fatalities.’’; and
4 (E) by inserting after paragraph (13), as
5 redesignated, the following:
6 ‘‘(14) Research, development, and testing to ad-
7 vance and facilitate innovative rail projects, includ-
8 ing projects using electromagnetic guideways in an
9 enclosure in a very low-pressure environment.
10 ‘‘(15) The preparation of emergency plans for
11 communities through which hazardous materials are
12 transported by rail.’’; and
13 (3) in subsection (h), by adding at the end the
14 following:
15 ‘‘(4) GRADE CROSSING AND TRESPASSING
16 PROJECTS.—Applicants may use costs incurred pre-
17 viously for preliminary engineering associated with
18 highway-rail grade crossing improvement projects
19 under subsection (c)(5) and trespassing prevention
20 projects under subsection (c)(11) to satisfy the non-
21 Federal share requirements.’’.
22 (b) RULE OF CONSTRUCTION.—The amendments
23 made by subsection (a) may not be construed to affect
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24 any grant, including any application for a grant, made
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172
1 under section 22907 of title 49, United States Code, be-
2 fore the date of enactment of this Act.
3 (c) TECHNICAL CORRECTION.—
4 (1) IN GENERAL.—Section 22907(l)(1)(A) of
5 title 49, United States Code, is amended by insert-
6 ing ‘‘, including highway construction over rail facili-
7 ties as an alternative to construction or improvement
8 of a highway-rail grade crossing,’’ after ‘‘under
9 chapter 227’’.
10 (2) APPLICABILITY.—The amendment made by
11 paragraph (1) shall apply to amounts remaining
12 under section 22907(l) of title 49, United States
13 Code, from appropriations for prior fiscal years.
14 SEC. 2304. RESTORATION AND ENHANCEMENT GRANTS.
15 Section 22908 of title 49, United States Code, is
16 amended—
17 (1) by amending subsection (a) to read as fol-
18 lows:
19 ‘‘(a) DEFINITIONS.—In this section:
20 ‘‘(1) APPLICANT.—Notwithstanding section
21 22901(1), the term ‘applicant’ means—
22 ‘‘(A) a State, including the District of Co-
23 lumbia;
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24 ‘‘(B) a group of States;
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1 ‘‘(C) an entity implementing an interstate
2 compact;
3 ‘‘(D) a public agency or publicly chartered
4 authority established by 1 or more States;
5 ‘‘(E) a political subdivision of a State;
6 ‘‘(F) a federally recognized Indian Tribe;
7 ‘‘(G) Amtrak or another rail carrier that
8 provides intercity rail passenger transportation;
9 ‘‘(H) any rail carrier in partnership with
10 at least 1 of the entities described in subpara-
11 graphs (A) through (F); and
12 ‘‘(I) any combination of the entities de-
13 scribed in subparagraphs (A) through (F).
14 ‘‘(2) OPERATING ASSISTANCE.—The term ‘oper-
15 ating assistance’, with respect to any route subject
16 to section 209 of the Passenger Rail Investment and
17 Improvement Act of 2008 (Public Law 110–432),
18 means any cost allocated, or that may be allocated,
19 to a route pursuant to the cost methodology estab-
20 lished under such section or under section 24712.’’;
21 (2) in subsection (c)(3), by striking ‘‘3 years’’
22 each place such term appears and inserting ‘‘6
23 years’’;
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24 (3) in subsection (d)—
25 (A) in paragraph (8), by striking ‘‘and’’;
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174
1 (B) in paragraph (9), by striking the pe-
2 riod at the end and inserting ‘‘; and’’; and
3 (C) by adding at the end the following:
4 ‘‘(10) for routes selected under the Corridor
5 Identification and Development Program and oper-
6 ated by Amtrak.’’; and
7 (4) in subsection (e)—
8 (A) in paragraph (1)—
9 (i) by striking ‘‘assistance’’; and
10 (ii) by striking ‘‘3 years’’ and insert-
11 ing ‘‘6 years (including for any such routes
12 selected for funding before the date of en-
13 actment of the Passenger Rail Expansion
14 and Rail Safety Act of 2021)’’; and
15 (B) in paragraph (3), by striking subpara-
16 graphs (A), (B), and (C) and inserting the fol-
17 lowing:
18 ‘‘(A) 90 percent of the projected net oper-
19 ating costs for the first year of service;
20 ‘‘(B) 80 percent of the projected net oper-
21 ating costs for the second year of service;
22 ‘‘(C) 70 percent of the projected net oper-
23 ating costs for the third year of service;
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24 ‘‘(D) 60 percent of the projected net oper-
25 ating costs for the fourth year of service;
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1 ‘‘(E) 50 percent of the projected net oper-
2 ating costs for the fifth year of service; and
3 ‘‘(F) 30 percent of the projected net oper-
4 ating costs for the sixth year of service.’’.
5 SEC. 2305. RAILROAD CROSSING ELIMINATION PROGRAM.
6 (a) IN GENERAL.—Chapter 229 of title 49, United
7 States Code, is amended by adding at the end the fol-
8 lowing:
9 ‘‘§ 22909. Railroad Crossing Elimination Program
10 ‘‘(a) IN GENERAL.—The Secretary of Transpor-
11 tation, in cooperation with the Administrator of the Fed-
12 eral Railroad Administration, shall establish a competitive
13 grant program (referred to in this section as the ‘Pro-
14 gram’) under which the Secretary shall award grants to
15 eligible recipients described in subsection (c) for highway-
16 rail or pathway-rail grade crossing improvement projects
17 that focus on improving the safety and mobility of people
18 and goods.
19 ‘‘(b) GOALS.—The goals of the Program are—
20 ‘‘(1) to eliminate highway-rail grade crossings
21 that are frequently blocked by trains;
22 ‘‘(2) to improve the health and safety of com-
23 munities;
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1 ‘‘(3) to reduce the impacts that freight move-
2 ment and railroad operations may have on under-
3 served communities; and
4 ‘‘(4) to improve the mobility of people and
5 goods.
6 ‘‘(c) ELIGIBLE RECIPIENTS.—The following entities
7 are eligible to receive a grant under this section:
8 ‘‘(1) A State, including the District of Colum-
9 bia, Puerto Rico, and other United States territories
10 and possessions.
11 ‘‘(2) A political subdivision of a State.
12 ‘‘(3) A federally recognized Indian Tribe.
13 ‘‘(4) A unit of local government or a group of
14 local governments.
15 ‘‘(5) A public port authority.
16 ‘‘(6) A metropolitan planning organization.
17 ‘‘(7) A group of entities described in any of
18 paragraphs (1) through (6).
19 ‘‘(d) ELIGIBLE PROJECTS.—The Secretary may
20 award a grant under the Program for a highway-rail or
21 pathway-rail grade crossing improvement project (includ-
22 ing acquiring real property interests) involving—
23 ‘‘(1) grade separation or closure, including
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24 through the use of a bridge, embankment, tunnel, or
25 combination thereof;
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1 ‘‘(2) track relocation;
2 ‘‘(3) the improvement or installation of protec-
3 tive devices, signals, signs, or other measures to im-
4 prove safety, provided that such activities are related
5 to a separation or relocation project described in
6 paragraph (1) or (2);
7 ‘‘(4) other means to improve the safety and mo-
8 bility of people and goods at highway-rail grade
9 crossings (including technological solutions);
10 ‘‘(5) a group of related projects described in
11 paragraphs (1) through (4) that would collectively
12 improve the mobility of people and goods; or
13 ‘‘(6) the planning, environmental review, and
14 design of an eligible project described in paragraphs
15 (1) through (5).
16 ‘‘(e) APPLICATION PROCESS.—
17 ‘‘(1) IN GENERAL.—An eligible entity seeking a
18 grant under the Program shall submit an application
19 to the Secretary at such time, in such manner, and
20 containing such information as the Secretary may
21 require.
22 ‘‘(2) RAILROAD APPROVALS.—
23 ‘‘(A) IN GENERAL.—Except as provided in
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24 subparagraph (B), the Secretary shall require
25 applicants to obtain the necessary approvals
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178
1 from any impacted rail carriers or real property
2 owners before proceeding with the construction
3 of a project funded by a grant under the Pro-
4 gram.
5 ‘‘(B) EXCEPTION.—The requirement under
6 subparagraph (A) shall not apply to planning
7 projects described in subsection (d)(6) if the ap-
8 plicant agrees to work collaboratively with rail
9 carriers and right-of-way owners.
10 ‘‘(f) PROJECT SELECTION CRITERIA.—
11 ‘‘(1) IN GENERAL.—In awarding grants under
12 the Program, the Secretary shall evaluate the extent
13 to which proposed projects would—
14 ‘‘(A) improve safety at highway-rail or
15 pathway-rail grade crossings;
16 ‘‘(B) grade separate, eliminate, or close
17 highway-rail or pathway-rail grade crossings;
18 ‘‘(C) improve the mobility of people and
19 goods;
20 ‘‘(D) reduce emissions, protect the environ-
21 ment, and provide community benefits, includ-
22 ing noise reduction;
23 ‘‘(E) improve access to emergency services;
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24 ‘‘(F) provide economic benefits; and
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1 ‘‘(G) improve access to communities sepa-
2 rated by rail crossings.
3 ‘‘(2) ADDITIONAL CONSIDERATIONS.—In
4 awarding grants under the Program, the Secretary
5 shall consider—
6 ‘‘(A) the degree to which the proposed
7 project will use—
8 ‘‘(i) innovative technologies;
9 ‘‘(ii) innovative design and construc-
10 tion techniques; or
11 ‘‘(iii) construction materials that re-
12 duce greenhouse gas emissions;
13 ‘‘(B) the applicant’s planned use of con-
14 tracting incentives to employ local labor, to the
15 extent permissible under Federal law;
16 ‘‘(C) whether the proposed project will im-
17 prove the mobility of—
18 ‘‘(i) multiple modes of transportation,
19 including ingress and egress from freight
20 facilities; or
21 ‘‘(ii) users of nonvehicular modes of
22 transportation, such as pedestrians,
23 bicyclists, and public transportation;
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24 ‘‘(D) whether the proposed project is iden-
25 tified in—
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1 ‘‘(i) the freight investment plan com-
2 ponent of a State freight plan, as required
3 under section 70202(b)(9);
4 ‘‘(ii) a State rail plan prepared in ac-
5 cordance with chapter 227; or
6 ‘‘(iii) a State highway-rail grade
7 crossing action plan, as required under sec-
8 tion 11401(b) of the Passenger Rail Re-
9 form and Investment Act of 2015 (title XI
10 of Public Law 114–94); and
11 ‘‘(E) the level of financial support provided
12 by impacted rail carriers.
13 ‘‘(3) AWARD DISTRIBUTION.—In selecting
14 grants for Program funds in any fiscal year, the
15 Secretary shall comply with the following limitations:
16 ‘‘(A) GRANT FUNDS.—Not less than 20
17 percent of the grant funds available for the
18 Program in any fiscal year shall be reserved for
19 projects located in rural areas or on Tribal
20 lands. The requirement under section 22907(l),
21 which applies to this section, shall not apply to
22 grant funds reserved specifically under this sub-
23 section.
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24 ‘‘(B) PLANNING GRANTS.—Not less than
25 25 percent of the grant funds set aside for
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1 planning projects in any fiscal year pursuant to
2 section 2104(b) of the Passenger Rail Expan-
3 sion and Rail Safety Act of 2021 shall be
4 awarded for projects located in rural areas or
5 on tribal lands.
6 ‘‘(C) STATE LIMITATION.—Not more than
7 20 percent of the grant funds available for the
8 Program in any fiscal year may be selected for
9 projects in any single State.
10 ‘‘(D) MINIMUM SIZE.—No grant awarded
11 under this section shall be for less than
12 $1,000,000, except for a planning grant de-
13 scribed in subsection (d)(6).
14 ‘‘(g) COST SHARE.—Except as provided in paragraph
15 (2), the Federal share of the cost of a project carried out
16 using a grant under the Program may not exceed 80 per-
17 cent of the total cost of the project. Applicants may count
18 costs incurred for preliminary engineering associated with
19 highway-rail and pathway-rail grade crossing improvement
20 projects as part of the total project costs.
21 ‘‘(h) CONGRESSIONAL NOTIFICATION.—Not later
22 than 3 days before awarding a grant for a project under
23 the Program, the Secretary shall submit written notifica-
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24 tion of the proposed grant to the Committee on Com-
25 merce, Science, and Transportation of the Senate and the
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1 Committee on Transportation and Infrastructure of the
2 House of Representatives, which shall include—
3 ‘‘(1) a summary of the project; and
4 ‘‘(2) the amount of the proposed grant award.
5 ‘‘(i) ANNUAL REPORT.—Not later than 60 days after
6 each round of award notifications, the Secretary shall
7 post, on the public website of the Department of Trans-
8 portation—
9 ‘‘(1) a list of all eligible applicants that sub-
10 mitted an application for funding under the Pro-
11 gram during the current fiscal year;
12 ‘‘(2) a list of the grant recipients and projects
13 that received grant funding under the Program dur-
14 ing such fiscal year; and
15 ‘‘(3) a list of the proposed projects and appli-
16 cants that were determined to be ineligible.
17 ‘‘(j) DEFINED TERM.—In this section, the term
18 ‘rural area’ means any area that is not within an area
19 designated as an urbanized area by the Bureau of the Cen-
20 sus.’’.
21 (b) CLERICAL AMENDMENT.—The analysis for chap-
22 ter 229 of title 49, United States Code, is amended by
23 adding at the end the following:
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‘‘22909. Railroad Crossing Elimination Program.’’.
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1 SEC. 2306. INTERSTATE RAIL COMPACTS.
2 (a) IN GENERAL.—Chapter 229 of title 49, United
3 States Code (as amended by section 2305(a)), is further
4 amended by adding at the end the following:
5 ‘‘§ 22910. Interstate Rail Compacts Grant Program
6 ‘‘(a) GRANTS AUTHORIZED.—The Secretary of
7 Transportation shall establish a competitive grant pro-
8 gram to provide financial assistance to entities imple-
9 menting interstate rail compacts pursuant to section 410
10 of the Amtrak Reform and Accountability Act of 1997 (49
11 U.S.C. 24101 note) for—
12 ‘‘(1) costs of administration;
13 ‘‘(2) systems planning, including studying the
14 impacts on freight rail operations and ridership;
15 ‘‘(3) promotion of intercity passenger rail oper-
16 ation;
17 ‘‘(4) preparation of applications for competitive
18 Federal grant programs; and
19 ‘‘(5) operations coordination.
20 ‘‘(b) MAXIMUM AMOUNT.—The Secretary may not
21 award a grant under this section in an amount exceeding
22 $1,000,000 per year.
23 ‘‘(c) SELECTION CRITERIA.—In selecting a recipient
24 of a grant for an eligible project under this section, the
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25 Secretary shall consider—
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1 ‘‘(1) the amount of funding received (including
2 funding from a rail carrier (as defined in section
3 24102) or other participation by State, local, and re-
4 gional governments and the private sector;
5 ‘‘(2) the applicant’s work to foster economic de-
6 velopment through rail service, particularly in rural
7 communities;
8 ‘‘(3) whether the applicant seeks to restore
9 service over routes formerly operated by Amtrak, in-
10 cluding routes described in section 11304(a) of the
11 Passenger Rail Reform and Investment Act of 2015
12 (title XI of division A of Public Law 114–94);
13 ‘‘(4) the applicant’s dedication to providing
14 intercity passenger rail service to regions and com-
15 munities that are underserved or not served by other
16 intercity public transportation;
17 ‘‘(5) whether the applicant is enhancing
18 connectivity and geographic coverage of the existing
19 national network of intercity passenger rail service;
20 ‘‘(6) whether the applicant prepares regional
21 rail or corridor service development plans and cor-
22 responding environmental analysis; and
23 ‘‘(7) whether the applicant has engaged with
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24 appropriate government entities and transportation
25 providers to identify projects necessary to enhance
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1 multimodal connections or facilitate service integra-
2 tion between rail service and other modes, including
3 between intercity passenger rail service and intercity
4 bus service or commercial air service.
5 ‘‘(d) NUMERICAL LIMITATION.—The Secretary may
6 not award grants under this section for more than 10
7 interstate rail compacts in any fiscal year.
8 ‘‘(e) OPERATOR LIMITATION.—The Secretary may
9 only award grants under this section to applicants with
10 eligible expenses related to intercity passenger rail service
11 to be operated by Amtrak.
12 ‘‘(f) NON-FEDERAL MATCH.—The Secretary shall re-
13 quire each recipient of a grant under this section to pro-
14 vide a non-Federal match of not less than 50 percent of
15 the eligible expenses of carrying out the interstate rail
16 compact under this section.
17 ‘‘(g) REPORT.—Not later than 3 years after the date
18 of enactment of the Passenger Rail Expansion and Rail
19 Safety Act of 2021, the Secretary, after consultation with
20 grant recipients under this section, shall submit a report
21 to the Committee on Commerce, Science, and Transpor-
22 tation of the Senate and the Committee on Transportation
23 and Infrastructure of the House of Representatives that
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24 describes—
25 ‘‘(1) the implementation of this section;
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1 ‘‘(2) the status of the planning efforts and co-
2 ordination funded by grants awarded under this sec-
3 tion;
4 ‘‘(3) the plans of grant recipients for continued
5 implementation of the interstate rail compacts;
6 ‘‘(4) the status of, and data regarding, any
7 new, restored, or enhanced rail services initiated
8 under the interstate rail compacts; and
9 ‘‘(5) any legislative recommendations.’’.
10 (b) CLERICAL AMENDMENT.—The analysis for chap-
11 ter 229 of title 49, United States Code (as amended by
12 section 2305(b)), is amended by adding at the end the
13 following:
‘‘22910. Interstate Rail Compacts Grant Program.’’.
14 (c) IDENTIFICATION.—Section 410 of the Amtrak
15 Reform and Accountability Act of 1997 (Public Law 105–
16 134; 49 U.S.C. 24101 note) is amended—
17 (1) in subsection (b)(2), by striking ‘‘(except
18 funds made available for Amtrak)’’; and
19 (2) by adding at the end the following:
20 ‘‘(c) NOTIFICATION REQUIREMENT.—Any State that
21 enters into an interstate compact pursuant to subsection
22 (a) shall notify the Secretary of Transportation of such
23 compact not later than 60 days after it is formed. The
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24 failure of any State to notify the Secretary under this sub-
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1 section shall not affect the status of the interstate com-
2 pact.
3 ‘‘(d) INTERSTATE RAIL COMPACTS PROGRAM.—The
4 Secretary of Transportation shall—
5 ‘‘(1) make available on a publicly accessible
6 website a list of interstate rail compacts established
7 under subsection (a) before the date of enactment of
8 the Passenger Rail Expansion and Rail Safety Act
9 of 2021 and interstate rail compacts established
10 after such date; and
11 ‘‘(2) make information regarding interstate rail
12 compacts available to the public, including how
13 States may establish interstate rail compacts under
14 subsection (a), and update such information, as nec-
15 essary.’’.
16 SEC. 2307. FEDERAL-STATE PARTNERSHIP FOR INTERCITY
17 PASSENGER RAIL GRANTS.
18 (a) IN GENERAL.—Section 24911 of title 49, United
19 States Code, is amended—
20 (1) in the section heading, by striking ‘‘for
21 state of good repair’’ and inserting ‘‘for
22 intercity passenger rail’’;
23 (2) in subsection (a)—
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24 (A) in paragraph (1)—
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1 (i) in subparagraph (F), by striking
2 ‘‘or’’ at the end;
3 (ii) by redesignating subsection (G) as
4 subsection (H);
5 (iii) by inserting after subparagraph
6 (F), the following:
7 ‘‘(G) A federally recognized Indian Tribe;
8 or’’; and
9 (iv) in subsection (H), as redesig-
10 nated, by striking ‘‘(F)’’ and inserting
11 ‘‘(G)’’;
12 (B) by striking paragraphs (2) and (5);
13 and
14 (C) by redesignating paragraphs (3) and
15 (4) as paragraphs (2) and (3), respectively;
16 (3) in subsection (b), by striking ‘‘with respect
17 to qualified railroad assets’’ and inserting ‘‘, improve
18 performance, or expand or establish new intercity
19 passenger rail service, including privately operated
20 intercity passenger rail service if an eligible appli-
21 cant is involved;’’;
22 (4) by striking subsections (c) through (e) and
23 inserting the following:
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1 ‘‘(c) ELIGIBLE PROJECTS.—The following capital
2 projects, including acquisition of real property interests,
3 are eligible to receive grants under this section:
4 ‘‘(1) A project to replace, rehabilitate, or repair
5 infrastructure, equipment, or a facility used for pro-
6 viding intercity passenger rail service to bring such
7 assets into a state of good repair.
8 ‘‘(2) A project to improve intercity passenger
9 rail service performance, including reduced trip
10 times, increased train frequencies, higher operating
11 speeds, improved reliability, expanded capacity, re-
12 duced congestion, electrification, and other improve-
13 ments, as determined by the Secretary.
14 ‘‘(3) A project to expand or establish new inter-
15 city passenger rail service.
16 ‘‘(4) A group of related projects described in
17 paragraphs (1) through (3).
18 ‘‘(5) The planning, environmental studies, and
19 final design for a project or group of projects de-
20 scribed in paragraphs (1) through (4).
21 ‘‘(d) PROJECT SELECTION CRITERIA.—In selecting a
22 project for funding under this section—
23 ‘‘(1) for projects located on the Northeast Cor-
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24 ridor, the Secretary shall—
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1 ‘‘(A) make selections consistent with the
2 Northeast Corridor Project Inventory published
3 pursuant to subsection (e)(1), unless when nec-
4 essary to address materially changed infrastruc-
5 ture or service conditions, changes in project
6 sponsor capabilities or commitments, or other
7 significant changes since the completion of the
8 most recently issued Northeast Corridor Project
9 Inventory; and
10 ‘‘(B) for projects that benefit intercity and
11 commuter rail services, only make such selec-
12 tions when Amtrak and the public authorities
13 providing commuter rail passenger transpor-
14 tation at the eligible project location—
15 ‘‘(i) are in compliance with section
16 24905(c)(2);
17 ‘‘(ii) have identified the intercity pas-
18 senger rail share of the eligible project;
19 and
20 ‘‘(iii) identify funding for the com-
21 muter rail share of the non-Federal share
22 of the project before the commencement of
23 the project;
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24 ‘‘(2) for projects not located on the Northeast
25 Corridor, the Secretary shall—
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1 ‘‘(A) give preference to eligible projects—
2 ‘‘(i) for which Amtrak is not the sole
3 applicant;
4 ‘‘(ii) that improve the financial per-
5 formance reliability, service frequency, or
6 address the state of good repair of an Am-
7 trak route; and
8 ‘‘(iii) that are identified in, and con-
9 sistent with, a corridor inventory prepared
10 under the Corridor Identification and De-
11 velopment Program pursuant to section
12 25101; and
13 ‘‘(B) take into account—
14 ‘‘(i) the cost-benefit analysis of the
15 proposed project, including anticipated pri-
16 vate and public benefits relative to the
17 costs of the proposed project, including—
18 ‘‘(I) effects on system and service
19 performance, including as measured
20 by applicable metrics set forth in part
21 273 of title 49, Code of Federal Regu-
22 lations;
23 ‘‘(II) effects on safety, competi-
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24 tiveness, reliability, trip or transit
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192
1 time, greenhouse gas emissions, and
2 resilience;
3 ‘‘(III) efficiencies from improved
4 connections with other modes; and
5 ‘‘(IV) ability to meet existing or
6 anticipated demand;
7 ‘‘(ii) the degree to which the proposed
8 project’s business plan considers potential
9 private sector participation in the financ-
10 ing, construction, or operation of the pro-
11 posed project;
12 ‘‘(iii) the applicant’s past performance
13 in developing and delivering similar
14 projects, and previous financial contribu-
15 tions;
16 ‘‘(iv) whether the applicant has, or
17 will have—
18 ‘‘(I) the legal, financial, and tech-
19 nical capacity to carry out the project;
20 ‘‘(II) satisfactory continuing ac-
21 cess to the equipment or facilities; and
22 ‘‘(III) the capability and willing-
23 ness to maintain the equipment or fa-
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24 cilities;
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193
1 ‘‘(v) if applicable, the consistency of
2 the project with planning guidance and
3 documents set forth by the Secretary or
4 otherwise required by law; and
5 ‘‘(vi) any other relevant factors, as de-
6 termined by the Secretary; and
7 ‘‘(3) the Secretary shall reserve—
8 ‘‘(A) not less than 45 percent of the
9 amounts appropriated for grants under this sec-
10 tion for projects not located along the North-
11 east Corridor, of which not less than 20 percent
12 shall be for projects that benefit (in whole or in
13 part) a long-distance route; and
14 ‘‘(B) not less than 45 percent of the
15 amounts appropriated for grants under this sec-
16 tion for projects listed on the Northeast Cor-
17 ridor project inventory published pursuant to
18 subsection (e)(1).
19 ‘‘(e) LONG-TERM PLANNING.—Not later than 1 year
20 after the date of enactment of the Passenger Rail Expan-
21 sion and Rail Safety Act of 2021, and every 2 years there-
22 after, the Secretary shall create a predictable project pipe-
23 line that will assist Amtrak, States, and the public with
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24 long-term capital planning by publishing a Northeast Cor-
25 ridor project inventory that—
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1 ‘‘(1) identifies capital projects for Federal in-
2 vestment, project applicants, and proposed Federal
3 funding levels under this section;
4 ‘‘(2) specifies the order in which the Secretary
5 will provide grant funding to projects that have iden-
6 tified sponsors and are located along the Northeast
7 Corridor, including a method and plan for appor-
8 tioning funds to project sponsors for the 2-year pe-
9 riod, which may be altered by the Secretary, as nec-
10 essary, if recipients are not carrying out projects in
11 accordance with the anticipated schedule;
12 ‘‘(3) takes into consideration the appropriate
13 sequence and phasing of projects described in the
14 Northeast Corridor capital investment plan devel-
15 oped pursuant to section 24904(a);
16 ‘‘(4) is consistent with the most recent North-
17 east Corridor service development plan update de-
18 scribed in section 24904(d);
19 ‘‘(5) takes into consideration the existing com-
20 mitments and anticipated Federal, project applicant,
21 sponsor, and other relevant funding levels for the
22 next 5 fiscal years based on information currently
23 available to the Secretary; and
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1 ‘‘(6) is developed in consultation with the
2 Northeast Corridor Commission and the owners of
3 Northeast Corridor infrastructure and facilities.’’;
4 (5) in subsection (f)(2), by inserting ‘‘, except
5 as specified under paragraph (4)’’ after ‘‘80 per-
6 cent’’;
7 (6) in subsection (g)—
8 (A) in the subsection heading, by inserting
9 ‘‘; PHASED FUNDING AGREEMENTS’’ after ‘‘IN-
10 TENT’’;
11 (B) in paragraph (1)—
12 (i) in the paragraph heading, by strik-
13 ing ‘‘IN GENERAL’’ and inserting ‘‘LET-
14 TERS OF INTENT’’; and
15 (ii) by striking ‘‘shall, to the max-
16 imum extent practicable,’’ and inserting
17 ‘‘may’’;
18 (C) by redesignating paragraphs (2) and
19 (3) as paragraphs (3) and (4), respectively;
20 (D) by inserting after paragraph (1) the
21 following:
22 ‘‘(2) PHASED FUNDING AGREEMENTS.—
23 ‘‘(A) IN GENERAL.—The Secretary may
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24 enter into a phased funding agreement with an
25 applicant if—
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1 ‘‘(i) the project is highly rated, based
2 on the evaluations and ratings conducted
3 pursuant to this section and the applicable
4 notice of funding opportunity; and
5 ‘‘(ii) the Federal assistance to be pro-
6 vided for the project under this section is
7 more than $80,000,000.
8 ‘‘(B) TERMS.—A phased funding agree-
9 ment shall—
10 ‘‘(i) establish the terms of participa-
11 tion by the Federal Government in the
12 project;
13 ‘‘(ii) establish the maximum amount
14 of Federal financial assistance for the
15 project;
16 ‘‘(iii) include the period of time for
17 completing the project, even if such period
18 extends beyond the period for which Fed-
19 eral financial assistance is authorized;
20 ‘‘(iv) make timely and efficient man-
21 agement of the project easier in accordance
22 with Federal law; and
23 ‘‘(v) if applicable, specify when the
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24 process for complying with the National
25 Environmental Policy Act of 1969 (42
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1 U.S.C. 4321 et seq.) and related environ-
2 mental laws will be completed for the
3 project.
4 ‘‘(C) SPECIAL FINANCIAL RULES.—
5 ‘‘(i) IN GENERAL.—A phased funding
6 agreement under this paragraph obligates
7 an amount of available budget authority
8 specified in law and may include a commit-
9 ment, contingent on amounts to be speci-
10 fied in law in advance for commitments
11 under this paragraph, to obligate an addi-
12 tional amount from future available budget
13 authority specified in law.
14 ‘‘(ii) STATEMENT OF CONTINGENT
15 COMMITMENT.—The agreement shall state
16 that the contingent commitment is not an
17 obligation of the Government.
18 ‘‘(iii) INTEREST AND OTHER FINANC-
19 ING COSTS.—Interest and other financing
20 costs of efficiently carrying out a part of
21 the project within a reasonable time are a
22 cost of carrying out the project under a
23 phased funding agreement, except that eli-
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24 gible costs may not be more than the cost
25 of the most favorable financing terms rea-
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1 sonably available for the project at the
2 time of borrowing. The applicant shall cer-
3 tify, to the satisfaction of the Secretary,
4 that the applicant has shown reasonable
5 diligence in seeking the most favorable fi-
6 nancing terms.
7 ‘‘(iv) FAILURE TO CARRY OUT
8 PROJECT.—If an applicant does not carry
9 out the project for reasons within the con-
10 trol of the applicant, the applicant shall
11 repay all Federal grant funds awarded for
12 the project from all Federal funding
13 sources, for all project activities, facilities,
14 and equipment, plus reasonable interest
15 and penalty charges allowable by law or es-
16 tablished by the Secretary in the phased
17 funding agreement. For purposes of this
18 clause, a process for complying with the
19 National Environmental Policy Act of
20 1969 (42 U.S.C. 4321 et seq.) that results
21 in the selection of the no build alternative
22 is not within the applicant’s control.
23 ‘‘(v) CREDITING OF FUNDS RE-
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24 CEIVED.—Any funds received by the Gov-
25 ernment under this paragraph, except for
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199
1 interest and penalty charges, shall be cred-
2 ited to the appropriation account from
3 which the funds were originally derived.’’;
4 (E) in paragraph (3), as redesignated—
5 (i) in subparagraph (A), in the matter
6 preceding clause (i), by inserting ‘‘a
7 phased funding agreement under para-
8 graph (2) or’’ after ‘‘issuing’’; and
9 (ii) in subparagraph (B)(i), by insert-
10 ing ‘‘the phased funding agreement or’’
11 after ‘‘a copy of’’; and
12 (F) in paragraph (4), as redesignated—
13 (i) by striking ‘‘An obligation’’ and in-
14 serting the following:
15 ‘‘(B) APPROPRIATIONS REQUIRED.—An
16 obligation’’; and
17 (ii) by inserting before subparagraph
18 (B), as added by clause (i), the following:
19 ‘‘(A) IN GENERAL.—The Secretary may
20 enter into phased funding agreements under
21 this subsection that contain contingent commit-
22 ments to incur obligations in such amounts as
23 the Secretary determines are appropriate.’’; and
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24 (7) by adding at the end the following:
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1 ‘‘(j) ANNUAL REPORT ON PHASED FUNDING AGREE-
2 MENTS AND LETTERS OF INTENT.—Not later than the
3 first Monday in February of each year, the Secretary shall
4 submit a report to the Committee on Commerce, Science,
5 and Transportation of the Senate, the Committee on Ap-
6 propriations of the Senate, the Committee on Transpor-
7 tation and Infrastructure of the House of Representatives,
8 and the Committee on Appropriations of the House of
9 Representatives that includes—
10 ‘‘(1) a proposal for the allocation of amounts to
11 be available to finance grants for projects under this
12 section among applicants for such amounts;
13 ‘‘(2) evaluations and ratings, as applicable, for
14 each project that has received a phased funding
15 agreement or a letter of intent; and
16 ‘‘(3) recommendations for each project that has
17 received a phased funding agreement or a letter of
18 intent for funding based on the evaluations and rat-
19 ings, as applicable, and on existing commitments
20 and anticipated funding levels for the next 3 fiscal
21 years based on information currently available to the
22 Secretary.
23 ‘‘(k) REGIONAL PLANNING GUIDANCE CORRIDOR
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24 PLANNING.—The Secretary may withhold up to 5 percent
25 of the total amount made available to carry out this sec-
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1 tion to carry out planning and development activities re-
2 lated to section 25101, including—
3 ‘‘(1) providing funding to public entities for the
4 development of corridor development plans selected
5 under the Corridor Identification and Development
6 Program;
7 ‘‘(2) facilitating and providing guidance for
8 intercity passenger rail systems planning;
9 ‘‘(3) providing funding for the development and
10 refinement of intercity passenger rail systems plan-
11 ning analytical tools and models; and
12 ‘‘(4) providing funding to public entities for the
13 development of corridor development plans selected
14 under the Corridor Identification and Development
15 Program.’’.
16 (b) CLERICAL AMENDMENT.—The analysis for chap-
17 ter 249 of title 49, United States Code, is amended by
18 striking the item relating to section 24911 and inserting
19 the following:
‘‘24911. Federal-State partnership for intercity passenger rail.’’.
20 SEC. 2308. CORRIDOR IDENTIFICATION AND DEVELOPMENT
21 PROGRAM.
22 (a) IN GENERAL.—Part C of subtitle V of title 49,
23 United States Code, is amended by adding at the end the
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24 following:
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1 ‘‘CHAPTER 251—PASSENGER RAIL
2 PLANNING
‘‘Sec.
‘‘25101. Corridor Identification and Development Program.
3 ‘‘§ 25101. Corridor Identification and Development
4 Program
5 ‘‘(a) IN GENERAL.—Not later than 180 days after
6 the date of enactment of the Passenger Rail Expansion
7 and Rail Safety Act of 2021, the Secretary of Transpor-
8 tation shall establish a program to facilitate the develop-
9 ment of intercity passenger rail corridors. The program
10 shall include—
11 ‘‘(1) a process for eligible entities described in
12 subsection (b) to submit proposals for the develop-
13 ment of intercity passenger rail corridors;
14 ‘‘(2) a process for the Secretary to review and
15 select proposals in accordance with subsection (c);
16 ‘‘(3) criteria for determining the level of readi-
17 ness for Federal financial assistance of an intercity
18 passenger rail corridor, which shall include—
19 ‘‘(A) identification of a service operator
20 which may include Amtrak or private rail car-
21 riers;
22 ‘‘(B) identification of a service sponsor or
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23 sponsors;
24 ‘‘(C) identification capital project sponsors;
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1 ‘‘(D) engagement with the host railroads;
2 and
3 ‘‘(E) other criteria as determined appro-
4 priate by the Secretary;
5 ‘‘(4) a process for preparing service develop-
6 ment plans in accordance with subsection (d), in-
7 cluding the identification of planning funds, such as
8 funds made available under section 24911(k) and
9 interstate rail compact grants established under sec-
10 tion 22210;
11 ‘‘(5) the creation of a pipeline of intercity pas-
12 senger rail corridor projects under subsection (g);
13 ‘‘(6) planning guidance to achieve the purposes
14 of this section, including guidance for intercity pas-
15 senger rail corridors not selected under this section;
16 and
17 ‘‘(7) such other features as the Secretary con-
18 siders relevant to the successful development of
19 intercity passenger rail corridors.
20 ‘‘(b) ELIGIBLE ENTITIES.—The Secretary may re-
21 ceive proposals under this section from Amtrak, States,
22 groups of States, entities implementing interstate com-
23 pacts, regional passenger rail authorities, regional plan-
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24 ning organizations, political subdivisions of a State, feder-
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1 ally recognized Indian Tribes, and other public entities,
2 as determined by the Secretary.
3 ‘‘(c) CORRIDOR SELECTION.—In selecting intercity
4 passenger rail corridors pursuant to subsection (a), the
5 Secretary shall consider—
6 ‘‘(1) whether the route was identified as part of
7 a regional or interregional intercity passenger rail
8 systems planning study;
9 ‘‘(2) projected ridership, revenues, capital in-
10 vestment, and operating funding requirements;
11 ‘‘(3) anticipated environmental, congestion miti-
12 gation, and other public benefits;
13 ‘‘(4) projected trip times and their competitive-
14 ness with other transportation modes;
15 ‘‘(5) anticipated positive economic and employ-
16 ment impacts, including development in the areas
17 near passenger stations, historic districts, or other
18 opportunity zones;
19 ‘‘(6) committed or anticipated State, regional
20 transportation authority, or other non-Federal fund-
21 ing for operating and capital costs;
22 ‘‘(7) benefits to rural communities;
23 ‘‘(8) whether the corridor is included in a
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24 State’s approved State rail plan developed pursuant
25 to chapter 227;
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205
1 ‘‘(9) whether the corridor serves historically
2 unserved or underserved and low-income commu-
3 nities or areas of persistent poverty;
4 ‘‘(10) whether the corridor would benefit or im-
5 prove connectivity with existing or planned transpor-
6 tation services of other modes;
7 ‘‘(11) whether the corridor connects at least 2
8 of the 100 most populated metropolitan areas;
9 ‘‘(12) whether the corridor would enhance the
10 regional equity and geographic diversity of intercity
11 passenger rail service;
12 ‘‘(13) whether the corridor is or would be inte-
13 grated into the national rail passenger transpor-
14 tation system and whether the corridor would create
15 benefits for other passenger rail routes and services;
16 and
17 ‘‘(14) whether a passenger rail operator, includ-
18 ing a private rail carrier, has expressed support for
19 the corridor.
20 ‘‘(d) SERVICE DEVELOPMENT PLANS.—For each cor-
21 ridor proposal selected for development under this section,
22 the Secretary shall partner with the entity that submitted
23 the proposal and relevant States to prepare a service de-
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24 velopment plan (or to update an existing service develop-
25 ment plan), which shall include—
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1 ‘‘(1) a detailed description of the proposed
2 intercity passenger rail service, including train fre-
3 quencies, peak and average operating speeds, and
4 trip times;
5 ‘‘(2) a corridor project inventory that—
6 ‘‘(A) identifies the capital projects nec-
7 essary to achieve the proposed intercity pas-
8 senger rail service, including—
9 ‘‘(i) the capital projects for which
10 Federal investment will be sought;
11 ‘‘(ii) the likely project applicants; and
12 ‘‘(iii) the proposed Federal funding
13 levels;
14 ‘‘(B) specifies the order in which Federal
15 funding will be sought for the capital projects
16 identified under subparagraph (A), after consid-
17 ering the appropriate sequence and phasing of
18 projects based on the anticipated availability of
19 funds; and
20 ‘‘(C) is developed in consultation with the
21 entities listed in subsection (e);
22 ‘‘(3) a schedule and any associated phasing of
23 projects and related service initiation or changes;
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24 ‘‘(4) project sponsors and other entities ex-
25 pected to participate in carrying out the plan;
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1 ‘‘(5) a description of how the corridor would
2 comply with Federal rail safety and security laws,
3 orders, and regulations;
4 ‘‘(6) the locations of existing and proposed sta-
5 tions;
6 ‘‘(7) the needs for rolling stock and other
7 equipment;
8 ‘‘(8) a financial plan identifying projected—
9 ‘‘(A) annual revenues;
10 ‘‘(B) annual ridership;
11 ‘‘(C) capital investments before service
12 could be initiated;
13 ‘‘(D) capital investments required to main-
14 tain service;
15 ‘‘(E) annual operating and costs; and
16 ‘‘(F) sources of capital investment and op-
17 erating financial support;
18 ‘‘(9) a description of how the corridor would
19 contribute to the development of a multi-State re-
20 gional network of intercity passenger rail;
21 ‘‘(10) an intermodal plan describing how the
22 new or improved corridor facilitates travel connec-
23 tions with other passenger transportation services;
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24 ‘‘(11) a description of the anticipated environ-
25 mental benefits of the corridor; and
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208
1 ‘‘(12) a description of the corridor’s impacts on
2 highway and aviation congestion, energy consump-
3 tion, land use, and economic development in the
4 service area.
5 ‘‘(e) CONSULTATION.—In partnering on the prepara-
6 tion of a service development plan under subsection (d),
7 the Secretary shall consult with—
8 ‘‘(1) Amtrak;
9 ‘‘(2) appropriate State and regional transpor-
10 tation authorities and local officials;
11 ‘‘(3) representatives of employee labor organiza-
12 tions representing railroad and other appropriate
13 employees;
14 ‘‘(4) host railroads for the proposed corridor;
15 and
16 ‘‘(5) other stakeholders, as determined by the
17 Secretary.
18 ‘‘(f) UPDATES.—If at least 40 percent of the work
19 to implement a service development plan prepared under
20 subsection (d) has not yet been completed, the plan’s spon-
21 sor, in consultation with the Secretary, shall determine
22 whether such plan should be updated.
23 ‘‘(g) PROJECT PIPELINE.—Not later than 1 year
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24 after the establishment of the program under this section,
25 and by February 1st of each year thereafter, the Secretary
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1 shall submit to the Committee on Commerce, Science, and
2 Transportation of the Senate, the Committee on Appro-
3 priations of the Senate, and the Committee on Transpor-
4 tation and Infrastructure of the House of Representatives,
5 and the Committee on Appropriations of the House of
6 Representatives a project pipeline, in accordance with this
7 section, that—
8 ‘‘(1) identifies intercity passenger rail corridors
9 selected for development under this section;
10 ‘‘(2) identifies capital projects for Federal in-
11 vestment, project applicants, and proposed Federal
12 funding levels, as applicable, consistent with the cor-
13 ridor project inventory;
14 ‘‘(3) specifies the order in which the Secretary
15 would provide Federal financial assistance, subject
16 to the availability of funds, to projects that have
17 identified sponsors, including a method and plan for
18 apportioning funds to project sponsors for a 5-year
19 period, which may be altered by the Secretary, as
20 necessary, if recipients are not carrying out projects
21 on the anticipated schedule;
22 ‘‘(4) takes into consideration the appropriate
23 sequence and phasing of projects described in the
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24 corridor project inventory;
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1 ‘‘(5) takes into consideration the existing com-
2 mitments and anticipated Federal, project applicant,
3 sponsor, and other relevant funding levels for the
4 next 5 fiscal years based on information currently
5 available to the Secretary;
6 ‘‘(6) is prioritized based on the level of readi-
7 ness of the corridor; and
8 ‘‘(7) reflects consultation with Amtrak.
9 ‘‘(h) DEFINITION.—In this section, the term ‘inter-
10 city passenger rail corridor’ means—
11 ‘‘(1) a new intercity passenger rail route of less
12 than 750 miles;
13 ‘‘(2) the enhancement of an existing intercity
14 passenger rail route of less than 750 miles;
15 ‘‘(3) the restoration of service over all or por-
16 tions of an intercity passenger rail route formerly
17 operated by Amtrak; or
18 ‘‘(4) the increase of service frequency of a long-
19 distance intercity passenger rail route.’’.
20 (b) CLERICAL AMENDMENT.—The table of chapters
21 for subtitle V of title 49, United States Code, is amended
22 by inserting after the item relating to chapter 249 the fol-
23 lowing:
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‘‘Chapter 251. Passenger rail planning ...................................25101’’.
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1 SEC. 2309. SURFACE TRANSPORTATION BOARD PASSENGER
2 RAIL PROGRAM.
3 The Surface Transportation Board shall—
4 (1) establish a passenger rail program with pri-
5 mary responsibility for carrying out the Board’s pas-
6 senger rail responsibilities; and
7 (2) hire up to 10 additional full-time employees
8 to assist in carrying out the responsibilities referred
9 to in paragraph (1).
10 SEC. 2310. RAILROAD RIGHTS-OF-WAY.
11 (a) REVIEW.—The Comptroller General of the United
12 States shall—
13 (1) conduct a review of the exemption for rail-
14 road rights-of-way under section 306108 of title 54,
15 United States Code, to determine whether and to
16 what extent the exemption streamlines compliance
17 with such section; and
18 (2) quantify the efficiencies achieved by such
19 exemption and the remaining inefficiencies.
20 (b) CONSULTATION.—In conducting the review pur-
21 suant to subsection (a), the Comptroller General shall con-
22 sult with the Secretary, the Advisory Council on Historic
23 Preservation, the National Conference of State Historic
24 Preservation Officers, the National Association of Tribal
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25 Historic Preservation Officers, the Department of the In-
26 terior, and representatives of the railroad industry.
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1 (c) RECOMMENDATIONS.—Not later than 1 year after
2 the date of enactment of this Act, the Comptroller General
3 shall submit a report to the Committee on Commerce,
4 Science, and Transportation of the Senate and the Com-
5 mittee on Transportation and Infrastructure of the House
6 of Representatives that—
7 (1) describes the results of the review conducted
8 pursuant to subsection (a); and
9 (2) includes recommendations for any regu-
10 latory or legislative amendments that may further
11 streamline compliance with the requirements under
12 section 306108 of title 54, United States Code, in
13 a manner that is consistent with railroad safety and
14 the policies and purposes of such section, including
15 recommendations regarding—
16 (A) the property based exemption; and
17 (B) ways to improve the process, while en-
18 suring that historical properties remain pro-
19 tected under such section.
20 (d) REPORT TO CONGRESS.—Not later than 180 days
21 after date of enactment of this Act, the Secretary and the
22 Advisory Council on Historic Preservation shall submit a
23 report to the Committee on Commerce, Science, and
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24 Transportation of the Senate and the Committee on
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1 Transportation and Infrastructure of the House of Rep-
2 resentatives that addresses—
3 (1) the recommendations received from the
4 Comptroller General pursuant to subsection (c)(2);
5 and
6 (2) the actions that the Secretary will take to
7 implement such recommendations.
8 Subtitle D—Rail Safety
9 SEC. 2401. RAILWAY-HIGHWAY CROSSINGS PROGRAM EVAL-
10 UATION.
11 (a) IN GENERAL.—The Secretary shall evaluate the
12 requirements of the railway-highway crossings program
13 authorized under section 130 of title 23, United States
14 Code, to determine whether—
15 (1) the requirements of the program provide
16 States sufficient flexibility to adequately address
17 current and emerging highway-rail grade crossing
18 safety issues;
19 (2) the structure of the program provides suffi-
20 cient incentives and resources to States and local
21 agencies to make changes at highway-rail grade
22 crossings that are most effective at reducing deaths
23 and injuries;
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24 (3) there are appropriate tools and resources to
25 support States in using data driven programs to de-
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214
1 termine the most cost-effective use of program
2 funds; and
3 (4) any statutory changes are recommended to
4 improve the effectiveness of the program.
5 (b) REPORT.—Not later than 1 year after the date
6 of enactment of this Act, the Secretary shall submit a re-
7 port to the Committee on Commerce, Science, and Trans-
8 portation of the Senate, the Committee on Environment
9 and Public Works of the Senate, and the Committee on
10 Transportation and Infrastructure of the House of Rep-
11 resentatives that summarizes and describes the results of
12 the evaluation conducted pursuant to subsection (a), in-
13 cluding any recommended statutory changes.
14 SEC. 2402. GRADE CROSSING ACCIDENT PREDICTION
15 MODEL.
16 Not later than 2 years after the date of enactment
17 of this Act, the Administrator of the Federal Railroad Ad-
18 ministration shall—
19 (1) update the grade crossing accident pre-
20 diction and severity model used by the Federal Rail-
21 road Administration to analyze accident risk at high-
22 way-rail grade crossings; and
23 (2) provide training on the use of the updated
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24 grade crossing accident prediction and severity
25 model.
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1 SEC. 2403. PERIODIC UPDATES TO HIGHWAY-RAIL CROSS-
2 ING REPORTS AND PLANS.
3 (a) HIGHWAY-RAIL GRADE CROSSING SAFETY.—Sec-
4 tion 11401 of the Fixing America’s Surface Transpor-
5 tation Act (Public Law 114–94; 49 U.S.C. 22907 note)
6 is amended—
7 (1) by striking subsection (c); and
8 (2) by redesignating subsections (d) and (e) as
9 subsections (c) and (d), respectively.
10 (b) REPORTS ON HIGHWAY-RAIL GRADE CROSSING
11 SAFETY.—
12 (1) IN GENERAL.—Chapter 201 of title 49,
13 United States Code, is amended by inserting after
14 section 20166 the following:
15 ‘‘§ 20167. Reports on highway-rail grade crossing
16 safety
17 ‘‘(a) REPORT.—Not later than 4 years after the date
18 by which States are required to submit State highway-rail
19 grade crossing action plans under section 11401(b) of the
20 Fixing America’s Surface Transportation Act (49 U.S.C.
21 22907 note), the Administrator of the Federal Railroad
22 Administration, in consultation with the Administrator of
23 the Federal Highway Administration, shall submit a re-
24 port to the Committee on Commerce, Science, and Trans-
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25 portation of the Senate and the Committee on Transpor-
26 tation and Infrastructure of the House of Representatives
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1 that summarizes the State highway-rail grade crossing ac-
2 tion plans, including—
3 ‘‘(1) an analysis and evaluation of each State
4 railway-highway crossings program under section
5 130 of title 23, including—
6 ‘‘(A) compliance with section 11401 of the
7 Fixing America’s Surface Transportation Act
8 and section 130(g) of title 23; and
9 ‘‘(B) the specific strategies identified by
10 each State to improve safety at highway-rail
11 grade crossings, including crossings with mul-
12 tiple accidents or incidents;
13 ‘‘(2) the progress of each State in implementing
14 its State highway-rail grade crossings action plan;
15 ‘‘(3) the number of highway-rail grade crossing
16 projects undertaken pursuant to section 130 of title
17 23, including the distribution of such projects by
18 cost range, road system, nature of treatment, and
19 subsequent accident experience at improved loca-
20 tions;
21 ‘‘(4) which States are not in compliance with
22 their schedule of projects under section 130(d) of
23 title 23; and
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1 ‘‘(5) any recommendations for future implemen-
2 tation of the railway-highway crossings program
3 under section 130 of title 23.
4 ‘‘(b) UPDATES.—Not later than 5 years after the
5 submission of the report required under subsection (a), the
6 Administrator of the Federal Railroad Administration, in
7 consultation with the Administrator of the Federal High-
8 way Administration, shall—
9 ‘‘(1) update the report based on the State an-
10 nual reports submitted pursuant to section 130(g) of
11 title 23 and any other information obtained by or
12 available to the Administrator of the Federal Rail-
13 road Administration; and
14 ‘‘(2) submit the updated report to the Com-
15 mittee on Commerce, Science, and Transportation of
16 the Senate and the Committee on Transportation
17 and Infrastructure of the House of Representatives.
18 ‘‘(c) DEFINITIONS.—In this section:
19 ‘‘(1) HIGHWAY-RAIL GRADE CROSSING.—The
20 term ‘highway-rail grade crossing’ means a location
21 within a State, other than a location at which 1 or
22 more railroad tracks cross 1 or more railroad tracks
23 at grade, at which—
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24 ‘‘(A) a public highway, road, or street, or
25 a private roadway, including associated side-
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1 walks and pathways, crosses 1 or more railroad
2 tracks, either at grade or grade-separated; or
3 ‘‘(B) a pathway explicitly authorized by a
4 public authority or a railroad carrier that—
5 ‘‘(i) is dedicated for the use of non-
6 vehicular traffic, including pedestrians,
7 bicyclists, and others;
8 ‘‘(ii) is not associated with a public
9 highway, road, or street, or a private road-
10 way; and
11 ‘‘(iii) crosses 1 or more railroad
12 tracks, either at grade or grade-separated.
13 ‘‘(2) STATE.—The term ‘State’ means a State
14 of the United States or the District of Columbia.’’.
15 (2) CLERICAL AMENDMENT.—The analysis for
16 chapter 201 of title 49, United States Code, is
17 amended by inserting after the item relating to sec-
18 tion 20166 the following:
‘‘20167. Reports on highway-rail grade crossing safety.’’.
19 (c) ANNUAL REPORT.—Section 130(g) of title 23,
20 United States Code, is amended to read as follows:
21 ‘‘(g) ANNUAL REPORT.—
22 ‘‘(1) IN GENERAL.—Not later than August 31
23 of each year, each State shall submit a report to the
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24 Administrator of the Federal Highway Administra-
25 tion that describes—
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1 ‘‘(A) the progress being made to imple-
2 ment the railway-highway crossings program
3 authorized under this section; and
4 ‘‘(B) the effectiveness of the improvements
5 made as a result of such implementation.
6 ‘‘(2) CONTENTS.—Each report submitted pur-
7 suant to paragraph (1) shall contain an assessment
8 of—
9 ‘‘(A) the costs of the various treatments
10 employed by the State to implement the rail-
11 way-highway crossings program; and
12 ‘‘(B) the effectiveness of such treatments,
13 as measured by the accident experience at the
14 locations that received such treatments.
15 ‘‘(3) COORDINATION.—Not later than 30 days
16 after the Federal Highway Administration’s accept-
17 ance of each report submitted pursuant to para-
18 graph (1), the Administrator of the Federal High-
19 way Administration shall make such report available
20 to the Administrator of the Federal Railroad Admin-
21 istration.’’.
22 SEC. 2404. BLOCKED CROSSING PORTAL.
23 (a) IN GENERAL.—The Administrator of the Federal
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24 Railroad Administration shall establish a 3-year blocked
25 crossing portal, which shall include the maintenance of the
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1 portal and corresponding database to receive, store, and
2 retrieve information regarding blocked highway-rail grade
3 crossings.
4 (b) BLOCKED CROSSING PORTAL.—The Adminis-
5 trator of the Federal Railroad Administration shall estab-
6 lish a blocked crossing portal that—
7 (1) collects information from the public, includ-
8 ing first responders, regarding blocked highway-rail
9 grade crossing events;
10 (2) solicits the apparent cause of the blocked
11 crossing and provides examples of common causes of
12 blocked crossings, such as idling trains or instances
13 when lights or gates are activated when no train is
14 present;
15 (3) provides each complainant with the contact
16 information for reporting a blocked crossing to the
17 relevant railroad; and
18 (4) encourages each complainant to report the
19 blocked crossing to the relevant railroad.
20 (c) COMPLAINTS.—The blocked crossing portal shall
21 be programmed to receive complaints from the general
22 public about blocked highway-rail grade crossings. Any
23 complaint reported through the portal shall indicate
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24 whether the complainant also reported the blocked cross-
25 ing to the relevant railroad.
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1 (d) INFORMATION RECEIVED.—In reviewing com-
2 plaints received pursuant to subsection (c), the Federal
3 Railroad Administration shall review, to the extent prac-
4 ticable, the information received from the complainant to
5 account for duplicative or erroneous reporting.
6 (e) USE OF INFORMATION.—The information re-
7 ceived and maintained in the blocked crossing portal data-
8 base shall be used by the Federal Railroad Administra-
9 tion—
10 (1) to identify frequent and long-duration
11 blocked highway-rail grade crossings;
12 (2) as a basis for conducting outreach to com-
13 munities, emergency responders, and railroads;
14 (3) to support collaboration in the prevention of
15 incidents at highway-rail grade crossings; and
16 (4) to assess the impacts of blocked crossings.
17 (f) SHARING INFORMATION RECEIVED.—
18 (1) IN GENERAL.—The Administrator of the
19 Federal Railroad Administration shall implement
20 and make publicly available procedures for sharing
21 any nonaggregated information received through the
22 blocked crossing portal with the public.
23 (2) RULE OF CONSTRUCTION.—Nothing in this
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24 section may be construed to authorize the Federal
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1 Railroad Administration to make publically available
2 sensitive security information.
3 (g) ADDITIONAL INFORMATION.—If the information
4 submitted to the blocked crossing portal is insufficient to
5 determine the locations and potential impacts of blocked
6 highway-rail grade crossings, the Federal Railroad Admin-
7 istration may collect, from the general public, State and
8 local law enforcement personnel, and others as appro-
9 priate, such additional information as may be necessary
10 to make such determinations.
11 (h) LIMITATIONS.—Complaints, data, and other in-
12 formation received through the blocked crossing portal
13 may not be used—
14 (1) to infer or extrapolate the rate or instances
15 of crossings beyond the data received through the
16 portal; or
17 (2) for any regulatory or enforcement purposes
18 except those specifically described in this section.
19 (i) REPORTS.—
20 (1) ANNUAL PUBLIC REPORT.—The Adminis-
21 trator of the Federal Railroad Administration shall
22 publish an annual report on a public website regard-
23 ing the blocked crossing program, including the un-
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24 derlying causes of blocked crossings, program chal-
25 lenges, and other findings.
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1 (2) REPORT TO CONGRESS.—Not later than 1
2 year after the date of enactment of this Act, the Ad-
3 ministrator of the Federal Railroad Administration
4 shall submit a report to the Committee on Com-
5 merce, Science, and Transportation of the Senate
6 and the Committee on Transportation and Infra-
7 structure of the House of Representatives that de-
8 scribes—
9 (A) based on the information received
10 through the blocked crossing portal, frequent
11 and long-duration blocked highway-rail grade
12 crossings, including the locations, dates, dura-
13 tions, and impacts resulting from such occur-
14 rences;
15 (B) the Federal Railroad Administration’s
16 process for verifying the accuracy of the com-
17 plaints submitted to the blocked crossing portal,
18 including whether the portal continues to be ef-
19 fective in collecting such information and identi-
20 fying blocked crossings;
21 (C) the Federal Railroad Administration’s
22 use of the data compiled by the blocked cross-
23 ing portal to assess the underlying cause and
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24 overall impacts of blocked crossings;
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1 (D) the engagement of the Federal Rail-
2 road Administration with affected parties to
3 identify and facilitate solutions to frequent and
4 long-duration blocked highway-rail grade cross-
5 ings identified by the blocked crossing portal;
6 and
7 (E) whether the blocked crossing portal
8 continues to be an effective method to collect
9 blocked crossing information and what changes
10 could improve its effectiveness.
11 (j) SUNSET.—This section (other than subsection
12 (k)) shall have no force or effect beginning on the date
13 that is 3 years after the date of enactment of this Act.
14 (k) RULE OF CONSTRUCTION.—Nothing in this sec-
15 tion may be construed to invalidate any authority of the
16 Secretary with respect to blocked highway-rail grade
17 crossings. The Secretary may continue to use any such
18 authority after the sunset date set forth in subsection (j).
19 SEC. 2405. DATA ACCESSIBILITY.
20 (a) REVIEW.—Not later than 180 days after the date
21 of enactment of this Act, the Chief Information Officer
22 of the Department shall—
23 (1) conduct a review of the website of the Office
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24 of Safety Analysis of the Federal Railroad Adminis-
25 tration; and
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1 (2) provide recommendations to the Secretary
2 for improving the public’s usability and accessibility
3 of the website referred to in paragraph (1).
4 (b) UPDATES.—Not later than 1 year after receiving
5 recommendations from the Chief Information Officer pur-
6 suant to subsection (a)(2), the Secretary, after considering
7 such recommendations, shall update the website of the Of-
8 fice of Safety Analysis of the Federal Railroad Adminis-
9 tration to improve the usability and accessibility of the
10 website.
11 SEC. 2406. EMERGENCY LIGHTING.
12 Not later than 1 year after the date of enactment
13 of this Act, the Secretary shall initiate a rulemaking to
14 require that all rail carriers providing intercity passenger
15 rail transportation or commuter rail passenger transpor-
16 tation (as such terms are defined in section 24102 of title
17 49, United States Code), develop and implement periodic
18 inspection plans to ensure that passenger equipment of-
19 fered for revenue service complies with the requirements
20 under part 238 of title 49, Code of Federal Regulations,
21 including ensuring that, in the event of a loss of power,
22 there is adequate emergency lighting available to allow
23 passengers, crew members, and first responders—
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24 (1) to see and orient themselves;
25 (2) to identify obstacles;
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1 (3) to safely move throughout the rail car; and
2 (4) to evacuate safely.
3 SEC. 2407. COMPREHENSIVE RAIL SAFETY REVIEW OF AM-
4 TRAK.
5 (a) COMPREHENSIVE SAFETY ASSESSMENT.—Not
6 later than 1 year after the date of enactment of this Act,
7 the Secretary shall—
8 (1) conduct a focused review of Amtrak’s safe-
9 ty-related processes and procedures, compliance with
10 safety regulations and requirements, and overall
11 safety culture; and
12 (2) submit a report to the Committee on Com-
13 merce, Science, and Transportation of the Senate
14 and the Committee on Transportation and Infra-
15 structure of the House of Representatives that in-
16 cludes the findings and recommendations resulting
17 from such assessment.
18 (b) PLAN.—
19 (1) INITIAL PLAN.—Not later than 6 months
20 after the completion of the comprehensive safety as-
21 sessment under subsection (a)(1), Amtrak shall sub-
22 mit a plan to the Committee on Commerce, Science,
23 and Transportation of the Senate and the Com-
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24 mittee on Transportation and Infrastructure of the
25 House of Representatives for addressing the findings
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1 and recommendations raised in the comprehensive
2 safety assessment.
3 (2) ANNUAL UPDATES.—Amtrak shall submit
4 annual updates of its progress toward implementing
5 the plan submitted pursuant to paragraph (1) to the
6 committees listed in such paragraph.
7 SEC. 2408. COMPLETION OF HOURS OF SERVICE AND FA-
8 TIGUE STUDIES.
9 (a) IN GENERAL.—Not later than 90 days after the
10 date of enactment of this Act, the Administrator of the
11 Federal Railroad Administration shall commence the pilot
12 programs required under subparagraphs (A) and (B) of
13 section 21109(e)(1) of title 49, United States Code.
14 (b) CONSULTATION.—The Federal Railroad Adminis-
15 tration shall consult with the class or craft of employees
16 impacted by the pilot projects, including railroad carriers,
17 and representatives of labor organizations representing
18 the impacted employees when designing and conducting
19 the pilot programs referred to in subsection (a).
20 (c) REPORT.—If the pilot programs required under
21 section 21109(e)(1) of title 49, United States Code, have
22 not commenced on the date that is 1 year and 120 days
23 after the date of enactment of this Act, the Secretary, not
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24 later than 30 days after such date, submit a report to the
25 Committee on Commerce, Science, and Transportation of
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1 the Senate and the Committee on Transportation and In-
2 frastructure of the House of Representatives that de-
3 scribes—
4 (1) the status of such pilot programs;
5 (2) actions that the Federal Railroad Adminis-
6 tration has taken to commence the pilot programs,
7 including efforts to recruit participant railroads;
8 (3) any challenges impacting the commence-
9 ment of the pilot programs; and
10 (4) any other details associated with the devel-
11 opment of the pilot programs that affect progress to-
12 ward meeting the mandate under such section
13 21109(e)(1).
14 SEC. 2409. POSITIVE TRAIN CONTROL STUDY.
15 (a) STUDY.—The Comptroller General of the United
16 States shall conduct a study to determine the annual posi-
17 tive train control system operation and maintenance costs
18 for public commuter railroads.
19 (b) REPORT.—Not later than 2 years after the date
20 of enactment of this Act, the Comptroller General of the
21 United States shall submit a report to the Committee on
22 Commerce, Science, and Transportation of the Senate and
23 the Committee on Transportation and Infrastructure of
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24 the House of Representatives that summarizes the study
25 conducted pursuant to subsection (a), including the esti-
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1 mated annual positive train control system operation and
2 maintenance costs for public commuter railroads.
3 SEC. 2410. OPERATING CREW MEMBER TRAINING, QUALI-
4 FICATION, AND CERTIFICATION.
5 (a) AUDITS.—Not later than 60 days after the date
6 of enactment of this Act, the Secretary shall initiate audits
7 of the training, qualification, and certification programs
8 of locomotive engineers and conductors of railroad car-
9 riers, subject to the requirements of parts 240 and 242
10 of title 49, Code of Federal Regulations, which audits
11 shall—
12 (1) be conducted in accordance with subsection
13 (b);
14 (2) consider whether such programs are in com-
15 pliance with such parts 240 and 242;
16 (3) assess the type and content of training that
17 such programs provide locomotive engineers and
18 conductors, relevant to their respective roles, includ-
19 ing training related to installed technology;
20 (4) determine whether such programs provide
21 locomotive engineers and conductors the knowledge,
22 skill, and ability to safely operate a locomotive or
23 train, consistent with such parts 240 and 242;
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1 (5) determine whether such programs reflect
2 the current operating practices of the railroad car-
3 rier;
4 (6) assess the current practice by which rail-
5 roads utilize simulator training, or any other tech-
6 nologies used to train and qualify locomotive engi-
7 neers and conductors by examining how such tech-
8 nologies are used;
9 (7) consider international experience and prac-
10 tice using similar technology, as appropriate, par-
11 ticularly before qualifying locomotive engineers on
12 new or unfamiliar equipment, new train control,
13 diagnostics, or other on-board technology;
14 (8) assess the current practice for familiarizing
15 locomotive engineers and conductors with new terri-
16 tory and using recurrency training to expose such
17 personnel to normal and abnormal conditions; and
18 (9) ensure that locomotive engineers and con-
19 ductor training programs are considered separately,
20 as appropriate, based on the unique requirements
21 and regulations.
22 (b) AUDIT SCHEDULING.—The Secretary shall—
23 (1) schedule the audits required under sub-
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24 section (a) to ensure that—
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1 (A) each Class I railroad, including the
2 National Railroad Passenger Corporation and
3 other intercity passenger rail providers, is au-
4 dited not less frequently than once every 5
5 years; and
6 (B) a select number, as determined appro-
7 priate by the Secretary, of Class II and Class
8 III railroads, along with other railroads pro-
9 viding passenger rail service that are not in-
10 cluded in subparagraph (A), are audited annu-
11 ally; and
12 (2) conduct the audits described in paragraph
13 (1)(B) in accordance with the Small Business Regu-
14 latory Enforcement Fairness Act of 1996 (5 U.S.C.
15 601 note) and appendix C of part 209 of title 49,
16 Code of Federal Regulations.
17 (c) UPDATES TO QUALIFICATION AND CERTIFI-
18 CATION PROGRAM.—If the Secretary, while conducting the
19 audits required under this section, identifies a deficiency
20 in a railroad’s training, qualification, and certification pro-
21 gram for locomotive engineers or conductors, the railroad
22 shall update the program to eliminate such deficiency.
23 (d) CONSULTATION AND COOPERATION.—
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24 (1) CONSULTATION.—In conducting any audit
25 required under this section, the Secretary shall con-
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1 sult with the railroad and its employees, including
2 any nonprofit employee labor organization rep-
3 resenting the engineers or conductors of the rail-
4 road.
5 (2) COOPERATION.—The railroad and its em-
6 ployees, including any nonprofit employee labor or-
7 ganization representing engineers or conductors of
8 the railroad, shall fully cooperate with any such
9 audit, including by—
10 (A) providing any relevant documents re-
11 quested; and
12 (B) making available any employees for
13 interview without undue delay or obstruction.
14 (3) FAILURE TO COOPERATE.—If the Secretary
15 determines that a railroad or any of its employees,
16 including any nonprofit employee labor organization
17 representing engineers or conductors of the railroad
18 is not fully cooperating with an audit, the Secretary
19 shall electronically notify the Committee on Com-
20 merce, Science, and Transportation of the Senate
21 and the Committee on Transportation and Infra-
22 structure of the House of Representatives.
23 (e) REVIEW OF REGULATIONS.—The Secretary shall
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24 triennially determine whether any update to part 240 or
25 242 of title 49, Code of Federal Regulations, is necessary
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1 to better prepare locomotive engineers and conductors to
2 safely operate trains by evaluating whether such regula-
3 tions establish appropriate Federal standards requiring
4 railroads—
5 (1) to provide locomotive engineers or conduc-
6 tors the knowledge and skills to safely operate trains
7 under conditions that reflect industry practices;
8 (2) to adequately address locomotive engineer
9 or conductor route situational awareness, including
10 ensuring locomotive engineers and conductors to
11 demonstrate knowledge on the physical characteris-
12 tics of a territory under various conditions and using
13 various resources;
14 (3) to provide relevant and adequate hands-on
15 training before a locomotive engineer or conductor is
16 certified;
17 (4) to adequately prepare locomotive engineers
18 or conductors to understand relevant locomotive op-
19 erating characteristics, to include instructions on
20 functions they are required to operate on any in-
21 stalled technology; and
22 (5) to address any other safety issue that the
23 Secretary determines to be appropriate for better
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24 preparing locomotive engineers or conductors.
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1 (f) ANNUAL REPORT.—The Secretary shall publish
2 an annual report on the public website of the Federal Rail-
3 road Administration that—
4 (1) summarizes the findings of the prior year’s
5 audits;
6 (2) summarizes any updates made pursuant to
7 subsection (c); and
8 (3) excludes and confidential business informa-
9 tion or sensitive security information.
10 SEC. 2411. TRANSPARENCY AND SAFETY.
11 Section 20103(d) of title 49, United States Code, is
12 amended to read as follows:
13 ‘‘(d) NONEMERGENCY WAIVERS.—
14 ‘‘(1) IN GENERAL.—The Secretary of Transpor-
15 tation may waive, or suspend the requirement to
16 comply with, any part of a regulation prescribed or
17 an order issued under this chapter if such waiver or
18 suspension is in the public interest and consistent
19 with railroad safety.
20 ‘‘(2) NOTICE REQUIRED.—The Secretary
21 shall—
22 ‘‘(A) provide timely public notice of any re-
23 quest for a waiver under this subsection or for
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24 a suspension under subpart E of part 211 of
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1 title 49, Code of Federal Regulations, or suc-
2 cessor regulations;
3 ‘‘(B) make available the application for
4 such waiver or suspension and any nonconfiden-
5 tial underlying data to interested parties;
6 ‘‘(C) provide the public with notice and a
7 reasonable opportunity to comment on a pro-
8 posed waiver or suspension under this sub-
9 section before making a final decision; and
10 ‘‘(D) publish on a publicly accessible
11 website the reasons for granting each such
12 waiver or suspension.
13 ‘‘(3) INFORMATION PROTECTION.—Nothing in
14 this subsection may be construed to require the re-
15 lease of information protected by law from public
16 disclosure.
17 ‘‘(4) RULEMAKING.—
18 ‘‘(A) IN GENERAL.—Not later than 1 year
19 after the first day on which a waiver under this
20 subsection or a suspension under subpart E of
21 part 211 of title 49, Code of Federal Regula-
22 tions, or successor regulations, has been in con-
23 tinuous effect for a 6-year period, the Secretary
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24 shall complete a review and analysis of such
25 waiver or suspension to determine whether
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1 issuing a rule that is consistent with the waiver
2 is—
3 ‘‘(i) in the public interest; and
4 ‘‘(ii) consistent with railroad safety.
5 ‘‘(B) FACTORS.—In conducting the review
6 and analysis under subparagraph (A), the Sec-
7 retary shall consider—
8 ‘‘(i) the relevant safety record under
9 the waiver;
10 ‘‘(ii) the likelihood that other entities
11 would have similar safety outcomes;
12 ‘‘(iii) the materials submitted in the
13 applications, including any comments re-
14 garding such materials; and
15 ‘‘(iv) related rulemaking activity.
16 ‘‘(C) NOTICE AND COMMENT.—The Sec-
17 retary shall publish notice of the review and
18 analysis of the waiver in the Federal Register,
19 which shall include a summary of the data col-
20 lected and all relevant underlying data, which
21 may be included in a regulatory update under
22 subparagraph (D).
23 ‘‘(D) REGULATORY UPDATE.—The Sec-
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24 retary may initiate a rulemaking to incorporate
25 relevant aspects of a waiver under this sub-
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1 section or a suspension under subpart E of part
2 211 of title 49, Code of Federal Regulations, or
3 successor regulations, into the relevant regula-
4 tion, to the extent the Secretary considers ap-
5 propriate.
6 ‘‘(5) RULE OF CONSTRUCTION.—Nothing in
7 this subsection may be construed to delay any waiver
8 granted pursuant to this subsection that is in the
9 public interest and consistent with railroad safety.’’.
10 SEC. 2412. RESEARCH AND DEVELOPMENT.
11 Section 20108 of title 49, United States Code, is
12 amended by adding at the end the following:
13 ‘‘(d) FACILITIES.—The Secretary may erect, alter,
14 and repair buildings and make other public improvements
15 to carry out necessary railroad research, safety, and train-
16 ing activities at the Transportation Technology Center in
17 Pueblo, Colorado.
18 ‘‘(e) OFFSETTING COLLECTIONS.—The Secretary
19 may collect fees or rents from facility users to offset ap-
20 propriated amounts for the cost of providing facilities or
21 research, development, testing, training, or other services,
22 including long-term sustainment of the on-site physical
23 plant.
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24 ‘‘(f) REVOLVING FUND.—Amounts appropriated to
25 carry out subsection (d) and all fees and rents collected
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238
1 pursuant to subsection (e) shall be credited to a revolving
2 fund and remain available until expended. The Secretary
3 may use such fees and rents for operation, maintenance,
4 repair, or improvement of the Transportation Technology
5 Center.
6 ‘‘(g) LEASES AND CONTRACTS.—Notwithstanding
7 section 1302 of title 40, the Secretary may lease to others
8 or enter into contracts for terms of up to 20 years, for
9 such consideration and subject to such terms and condi-
10 tions as the Secretary determines to be in the best inter-
11 ests of the Government of the United States, for the oper-
12 ation, maintenance, repair, and improvement of the
13 Transportation Technology Center.
14 ‘‘(h) PROPERTY AND CASUALTY LOSS INSURANCE.—
15 The Secretary may allow its lessees and contractors to
16 purchase property and casualty loss insurance for its as-
17 sets and activities at the Transportation Technology Cen-
18 ter to mitigate the lessee’s or contractor’s risk associated
19 with operating a facility.
20 ‘‘(i) ENERGY PROJECTS.—Notwithstanding section
21 1341 of title 31, the Secretary may enter into contracts
22 or agreements, or commit to obligations in connection with
23 third-party contracts or agreements, including contingent
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24 liability for the purchase of electric power in connection
25 with such contracts or agreements, for terms not to exceed
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1 20 years, to enable the use of the land at the Transpor-
2 tation Technology Center for projects to produce energy
3 from renewable sources.’’.
4 SEC. 2413. RAIL RESEARCH AND DEVELOPMENT CENTER
5 OF EXCELLENCE.
6 Section 20108 of title 49, United States Code, as
7 amended by section 2412, is further amended by adding
8 at the end the following:
9 ‘‘(j) RAIL RESEARCH AND DEVELOPMENT CENTER
10 OF EXCELLENCE.—
11 ‘‘(1) CENTER OF EXCELLENCE.—The Secretary
12 shall award grants to establish and maintain a cen-
13 ter of excellence to advance research and develop-
14 ment that improves the safety, efficiency, and reli-
15 ability of passenger and freight rail transportation.
16 ‘‘(2) ELIGIBILITY.—An institution of higher
17 education (as defined in section 102 of the Higher
18 Education Act of 1965 (20 U.S.C. 1002)) or a con-
19 sortium of nonprofit institutions of higher education
20 shall be eligible to receive a grant from the center
21 established pursuant to paragraph (1).
22 ‘‘(3) SELECTION CRITERIA.—In awarding a
23 grant under this subsection, the Secretary shall—
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24 ‘‘(A) give preference to applicants with
25 strong past performance related to rail re-
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1 search, education, and workforce development
2 activities;
3 ‘‘(B) consider the extent to which the ap-
4 plicant would involve public and private sector
5 passenger and freight railroad operators; and
6 ‘‘(C) consider the regional and national im-
7 pacts of the applicant’s proposal.
8 ‘‘(4) USE OF FUNDS.—Grant funds awarded
9 pursuant to this subsection shall be used for basic
10 and applied research, evaluation, education, work-
11 force development, and training efforts related to
12 safety, efficiency, reliability, resiliency, and sustain-
13 ability of urban commuter, intercity high-speed, and
14 freight rail transportation, to include advances in
15 rolling stock, advanced positive train control, human
16 factors, rail infrastructure, shared corridors, grade
17 crossing safety, inspection technology, remote sens-
18 ing, rail systems maintenance, network resiliency,
19 operational reliability, energy efficiency, and other
20 advanced technologies.
21 ‘‘(5) FEDERAL SHARE.—The Federal share of a
22 grant awarded under this subsection shall be 50 per-
23 cent of the cost of establishing and operating the
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24 center of excellence and related research activities
25 carried out by the grant recipient.’’.
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241
1 SEC. 2414. QUARTERLY REPORT ON POSITIVE TRAIN CON-
2 TROL SYSTEM PERFORMANCE.
3 Section 20157 of title 49, United States Code, is
4 amended by adding at the end the following:
5 ‘‘(m) REPORTS ON POSITIVE TRAIN CONTROL SYS-
6 TEM PERFORMANCE.—
7 ‘‘(1) IN GENERAL.—Each host railroad subject
8 to this section or subpart I of part 236 of title 49,
9 Code of Federal Regulations, shall electronically sub-
10 mit to the Secretary of Transportation a Report of
11 PTC System Performance on Form FRA F
12 6180.152, which shall be submitted on or before the
13 applicable due date set forth in paragraph (3) and
14 contain the information described in paragraph (2),
15 which shall be separated by the host railroad, each
16 applicable tenant railroad, and each positive train
17 control-governed track segment, consistent with the
18 railroad’s positive train control Implementation Plan
19 described in subsection (a)(1).
20 ‘‘(2) REQUIRED INFORMATION.—Each report
21 submitted pursuant to paragraph (1) shall include,
22 for the applicable reporting period—
23 ‘‘(A) the number of positive train control
24 system initialization failures, disaggregated by
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25 the number of initialization failures for which
26 the source or cause was the onboard subsystem,
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1 the wayside subsystem, the communications
2 subsystem, the back office subsystem, or a non-
3 positive train control component;
4 ‘‘(B) the number of positive train control
5 system cut outs, disaggregated by each compo-
6 nent listed in subparagraph (A) that was the
7 source or cause of such cut outs;
8 ‘‘(C) the number of positive train control
9 system malfunctions, disaggregated by each
10 component listed in subparagraph (A) that was
11 the source or cause of such malfunctions;
12 ‘‘(D) the number of enforcements by the
13 positive train control system;
14 ‘‘(E) the number of enforcements by the
15 positive train control system in which it is rea-
16 sonable to assume an accident or incident was
17 prevented;
18 ‘‘(F) the number of scheduled attempts at
19 initialization of the positive train control sys-
20 tem;
21 ‘‘(G) the number of train miles governed
22 by the positive train control system; and
23 ‘‘(H) a summary of any actions the host
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24 railroad and its tenant railroads are taking to
25 reduce the frequency and rate of initialization
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1 failures, cut outs, and malfunctions, such as
2 any actions to correct or eliminate systemic
3 issues and specific problems.
4 ‘‘(3) DUE DATES.—
5 ‘‘(A) IN GENERAL.—Except as provided in
6 subparagraph (B), each host railroad shall elec-
7 tronically submit the report required under
8 paragraph (1) not later than—
9 ‘‘(i) April 30, for the period from Jan-
10 uary 1 through March 31;
11 ‘‘(ii) July 31, for the period from
12 April 1 through June 30;
13 ‘‘(iii) October 31, for the period from
14 July 1 through September 30; and
15 ‘‘(iv) January 31, for the period from
16 October 1 through December 31 of the
17 prior calendar year.
18 ‘‘(B) FREQUENCY REDUCTION.—Beginning
19 on the date that is 3 years after the date of en-
20 actment of the Passenger Rail Expansion and
21 Rail Safety Act of 2021, the Secretary shall re-
22 duce the frequency with which host railroads
23 are required to submit the report described in
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24 paragraph (1) to not less frequently than twice
25 per year, unless the Secretary—
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1 ‘‘(i) determines that quarterly report-
2 ing is in the public interest; and
3 ‘‘(ii) publishes a justification for such
4 determination in the Federal Register.
5 ‘‘(4) TENANT RAILROADS.—Each tenant rail-
6 road that operates on a host railroad’s positive train
7 control-governed main line and is not currently sub-
8 ject to an exception under section 236.1006(b) of
9 title 49, Code of Federal Regulations, shall submit
10 the information described in paragraph (2) to each
11 applicable host railroad on a continuous basis.
12 ‘‘(5) ENFORCEMENTS.—Any railroad operating
13 a positive train control system classified under Fed-
14 eral Railroad Administration Type Approval number
15 FRA–TA–2010–001 or FRA–TA–2013–003 shall
16 begin submitting the metric required under para-
17 graph (2)(D) not later than January 31, 2023.’’.
18 SEC. 2415. SPEED LIMIT ACTION PLANS.
19 (a) CODIFICATION OF, AND AMENDMENT TO, SEC-
20 TION 11406 OF THE FAST ACT.—Subchapter II of chap-
21 ter 201 of subtitle V of title 49, United States Code, is
22 amended by inserting after section 20168 the following:
23 ‘‘§ 20169. Speed limit action plans
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24 ‘‘(a) IN GENERAL.—Not later than March 3, 2016,
25 each railroad carrier providing intercity rail passenger
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1 transportation or commuter rail passenger transportation,
2 in consultation with any applicable host railroad carrier,
3 shall survey its entire system and identify each main track
4 location where there is a reduction of more than 20 miles
5 per hour from the approach speed to a curve, bridge, or
6 tunnel and the maximum authorized operating speed for
7 passenger trains at that curve, bridge, or tunnel.
8 ‘‘(b) ACTION PLANS.—Not later than 120 days after
9 the date that the survey under subsection (a) is complete,
10 a railroad carrier described in subsection (a) shall submit
11 to the Secretary of Transportation an action plan that—
12 ‘‘(1) identifies each main track location where
13 there is a reduction of more than 20 miles per hour
14 from the approach speed to a curve, bridge, or tun-
15 nel and the maximum authorized operating speed for
16 passenger trains at that curve, bridge, or tunnel;
17 ‘‘(2) describes appropriate actions to enable
18 warning and enforcement of the maximum author-
19 ized speed for passenger trains at each location iden-
20 tified under paragraph (1), including—
21 ‘‘(A) modification to automatic train con-
22 trol systems, if applicable, or other signal sys-
23 tems;
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24 ‘‘(B) increased crew size;
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1 ‘‘(C) installation of signage alerting train
2 crews of the maximum authorized speed for
3 passenger trains in each location identified
4 under paragraph (1);
5 ‘‘(D) installation of alerters;
6 ‘‘(E) increased crew communication; and
7 ‘‘(F) other practices;
8 ‘‘(3) contains milestones and target dates for
9 implementing each appropriate action described
10 under paragraph (2); and
11 ‘‘(4) ensures compliance with the maximum au-
12 thorized speed at each location identified under
13 paragraph (1).
14 ‘‘(c) APPROVAL.—Not later than 90 days after the
15 date on which an action plan is submitted under sub-
16 section (b) or (d)(2), the Secretary shall approve, approve
17 with conditions, or disapprove the action plan.
18 ‘‘(d) PERIODIC REVIEWS AND UPDATES.—Each rail-
19 road carrier that submits an action plan to the Secretary
20 pursuant to subsection (b) shall—
21 ‘‘(1) not later than 1 year after the date of en-
22 actment of the Passenger Rail Expansion and Rail
23 Safety Act of 2021, and annually thereafter, review
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24 such plan to ensure the effectiveness of actions
25 taken to enable warning and enforcement of the
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1 maximum authorized speed for passenger trains at
2 each location identified pursuant to subsection
3 (b)(1); and
4 ‘‘(2) not later than 90 days before imple-
5 menting any significant operational or territorial op-
6 erating change, including initiating a new service or
7 route, submit to the Secretary a revised action plan,
8 after consultation with any applicable host railroad,
9 that addresses such operational or territorial oper-
10 ating change.
11 ‘‘(e) NEW SERVICE.—If a railroad carrier providing
12 intercity rail passenger transportation or commuter rail
13 passenger transportation did not exist on the date of en-
14 actment of the FAST Act (Public Law 114–94; 129 Stat.
15 1312), such railroad carrier, in consultation with any ap-
16 plicable host railroad carrier, shall—
17 ‘‘(1) survey its routes pursuant to subsection
18 (a) not later than 90 days after the date of enact-
19 ment of the Passenger Rail Expansion and Rail
20 Safety Act of 2021; and
21 ‘‘(2) develop an action plan pursuant to sub-
22 section (b) not later than 120 days after the date on
23 which such survey is complete.
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24 ‘‘(f) ALTERNATIVE SAFETY MEASURES.—The Sec-
25 retary may exempt from the requirements under this sec-
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1 tion each segment of track for which operations are gov-
2 erned by a positive train control system certified under
3 section 20157, or any other safety technology or practice
4 that would achieve an equivalent or greater level of safety
5 in reducing derailment risk.
6 ‘‘(g) PROHIBITION.—No new intercity or commuter
7 rail passenger service may begin operation unless the rail-
8 road carrier providing such service is in compliance with
9 the requirements under this section.
10 ‘‘(h) SAVINGS CLAUSE.—Nothing in this section may
11 be construed to prohibit the Secretary from applying the
12 requirements under this section to other segments of track
13 at high risk of overspeed derailment.’’.
14 (b) CLERICAL AMENDMENT.—The analysis for chap-
15 ter 201 of subtitle V of title 49, United States Code, is
16 amended by adding at the end the following:
‘‘20169. Speed limit action plans.’’.
17 SEC. 2416. NEW PASSENGER SERVICE PRE-REVENUE SAFE-
18 TY VALIDATION PLAN.
19 (a) IN GENERAL.—Subchapter II of chapter 201 of
20 subtitle V of title 49, United States Code, as amended by
21 section 2415, is further amended by adding at the end
22 the following:
23 ‘‘§ 20170. Pre-revenue service safety validation plan
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24 ‘‘(a) PLAN SUBMISSION.—Any railroad providing
25 new, regularly scheduled, intercity or commuter rail pas-
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1 senger transportation, an extension of existing service, or
2 a renewal of service that has been discontinued for more
3 than 180 days shall develop and submit for review a com-
4 prehensive pre-revenue service safety validation plan to the
5 Secretary of Transportation not later than 60 days before
6 initiating such revenue service. Such plan shall include
7 pertinent safety milestones and a minimum period of sim-
8 ulated revenue service to ensure operational readiness and
9 that all safety sensitive personnel are properly trained and
10 qualified.
11 ‘‘(b) COMPLIANCE.—After submitting a plan pursu-
12 ant to subsection (a), the railroad shall adopt and comply
13 with such plan and may not amend the plan without first
14 notifying the Secretary of the proposed amendment. Rev-
15 enue service may not begin until the railroad has com-
16 pleted the requirements of its plan, including the min-
17 imum simulated service period required by the plan.
18 ‘‘(c) RULEMAKING.—The Secretary shall promulgate
19 regulations to carry out this section, including—
20 ‘‘(1) requiring that any identified safety defi-
21 ciencies be addressed and corrected before the initi-
22 ation of revenue service; and
23 ‘‘(2) establishing appropriate deadlines to en-
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24 able the Secretary to review and approve the pre-rev-
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1 enue service safety validation plan to ensure that
2 service is not unduly delayed.’’.
3 (b) CLERICAL AMENDMENT.—The analysis for chap-
4 ter 201 of title 49, United States Code, as amended by
5 section 2415(b), is further amended by adding at the end
6 the following:
‘‘20170. Pre-revenue service safety validation plan.’’.
7 SEC. 2417. FEDERAL RAILROAD ADMINISTRATION ACCI-
8 DENT AND INCIDENT INVESTIGATIONS.
9 Section 20902 of title 49, United States Code, is
10 amended—
11 (1) in subsection (b) by striking ‘‘subpena’’ and
12 inserting ‘‘subpoena’’; and
13 (2) by adding at the end the following:
14 ‘‘(d) GATHERING INFORMATION AND TECHNICAL
15 EXPERTISE.—
16 ‘‘(1) IN GENERAL.—The Secretary shall create
17 a standard process for investigators to use during
18 accident and incident investigations conducted under
19 this section for determining when it is appropriate
20 and the appropriate method for—
21 ‘‘(A) gathering information about an acci-
22 dent or incident under investigation from rail-
23 road carriers, contractors or employees of rail-
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24 road carriers or representatives of employees of
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1 railroad carriers, and others, as determined rel-
2 evant by the Secretary; and
3 ‘‘(B) consulting with railroad carriers, con-
4 tractors or employees of railroad carriers or
5 representatives of employees of railroad car-
6 riers, and others, as determined relevant by the
7 Secretary, for technical expertise on the facts of
8 the accident or incident under investigation.
9 ‘‘(2) CONFIDENTIALITY.—In developing the
10 process required under paragraph (1), the Secretary
11 shall factor in ways to maintain the confidentiality
12 of any entity identified under paragraph (1) if—
13 ‘‘(A) such entity requests confidentiality;
14 ‘‘(B) such entity was not involved in the
15 accident or incident; and
16 ‘‘(C) maintaining such entity’s confiden-
17 tiality does not adversely affect an investigation
18 of the Federal Railroad Administration.
19 ‘‘(3) APPLICABILITY.—This subsection shall not
20 apply to any investigation carried out by the Na-
21 tional Transportation Safety Board.’’.
22 SEC. 2418. CIVIL PENALTY ENFORCEMENT AUTHORITY.
23 Section 21301(a) of title 49, United States Code, is
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24 amended by striking paragraph (3) and inserting the fol-
25 lowing:
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1 ‘‘(3) The Secretary may find that a person has vio-
2 lated this chapter or a regulation prescribed or order, spe-
3 cial permit, or approval issued under this chapter only
4 after notice and an opportunity for a hearing. The Sec-
5 retary shall impose a penalty under this section by giving
6 the person written notice of the amount of the penalty.
7 The Secretary may compromise the amount of a civil pen-
8 alty by settlement agreement without issuance of an order.
9 In determining the amount of a compromise, the Secretary
10 shall consider—
11 ‘‘(A) the nature, circumstances, extent, and
12 gravity of the violation;
13 ‘‘(B) with respect to the violator, the degree of
14 culpability, any history of violations, the ability to
15 pay, and any effect on the ability to continue to do
16 business; and
17 ‘‘(C) other matters that justice requires.
18 ‘‘(4) The Attorney General may bring a civil action
19 in an appropriate district court of the United States to
20 collect a civil penalty imposed or compromise under this
21 section and any accrued interest on the civil penalty. In
22 the civil action, the amount and appropriateness of the
23 civil penalty shall not be subject to review.’’.
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1 SEC. 2419. ADVANCING SAFETY AND INNOVATIVE TECH-
2 NOLOGY.
3 (a) IN GENERAL.—Section 26103 of title 49, United
4 States Code, is amended to read as follows:
5 ‘‘§ 26103. Safety regulations and evaluation
6 ‘‘The Secretary shall—
7 ‘‘(1) promulgate such safety regulations as may
8 be necessary for high-speed rail services; and
9 ‘‘(2) before promulgating such regulations, con-
10 sult with developers of new high-speed rail tech-
11 nologies to develop a method for evaluating safety
12 performance.’’.
13 (b) CLERICAL AMENDMENT.—The analysis for chap-
14 ter 261 of title 49, United States Code, is amended by
15 striking the item relating to section 26103 and inserting
16 the following:
‘‘26103. Safety regulations and evaluation.’’.
17 SEC. 2420. PASSENGER RAIL VEHICLE OCCUPANT PROTEC-
18 TION SYSTEMS.
19 (a) STUDY.—The Administrator of the Federal Rail-
20 road Administration shall conduct a study of the potential
21 installation and use in new passenger rail rolling stock of
22 passenger rail vehicle occupant protection systems that
23 could materially improve passenger safety.
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24 (b) CONSIDERATIONS.—In conducting the study
25 under subsection (a), the Administrator shall consider
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1 minimizing the risk of secondary collisions, including esti-
2 mating the costs and benefits of the new requirements,
3 through the use of—
4 (1) occupant restraint systems;
5 (2) air bags;
6 (3) emergency window retention systems; and
7 (4) interior designs, including seats, baggage
8 restraints, and table configurations and attach-
9 ments.
10 (c) REPORT.—Not later than 2 years after the date
11 of enactment of this Act, the Administrator shall—
12 (1) submit a report summarizing the findings of
13 the study conducted pursuant to subsection (a) to
14 the Committee on Commerce, Science, and Trans-
15 portation of the Senate and the Committee on
16 Transportation and Infrastructure of the House of
17 Representatives; and
18 (2) publish such report on the website of the
19 Federal Railroad Administration.
20 (d) RULEMAKING.—Following the completion of the
21 study required under subsection (a), and after considering
22 the costs and benefits of the proposed protection systems,
23 the Administrator may promulgate a rule that establishes
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24 standards for the use of occupant protection systems in
25 new passenger rail rolling stock.
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