Sec. 9001 Short title
This division may be cited as the “Transforming Rail by Accelerating Investment Nationwide Act” or the “TRAIN Act”.
Division D — Rail
D Rail
I Authorizations
Sec. 9101 Authorization of appropriations
Authorization of grants to Amtrak—
Northeast Corridor— There are authorized to be appropriated to the Secretary for the use of Amtrak for activities associated with the Northeast Corridor the following amounts:
For fiscal year 2021, $2,900,000,000.
For fiscal year 2022, $2,700,000,000.
For fiscal year 2023, $2,500,000,000.
For fiscal year 2024, $2,500,000,000.
For fiscal year 2025, $2,500,000,000.
National Network— There are authorized to be appropriated to the Secretary for the use of Amtrak for activities associated with the National Network the following amounts:
For fiscal year 2021, $3,600,000,000.
For fiscal year 2022, $3,400,000,000.
For fiscal year 2023, $3,200,000,000.
For fiscal year 2024, $3,000,000,000.
For fiscal year 2025, $3,000,000,000.
Project management oversight— The Secretary may withhold up to $15,000,000 from the amounts made available under subsection (a) for the costs of management oversight of Amtrak.
Amtrak common benefit costs for State-supported routes— For any fiscal year in which funds are made available under subsection (a)(2) in excess of the amounts authorized for fiscal year 2020 under section 11101(b) of the FAST Act (114–94), Amtrak shall use up to $400,000,000 of the excess funds to defray the share of operating costs of Amtrak’s national assets (as such term is defined in section 24320(c)(5) of title 49, United States Code) that is allocated to the State-supported services.
State-Supported Route Committee— Of the funds made available under subsection (a)(2), the Secretary may make available up to $3,000,000 for each fiscal year for the State-Supported Route Committee established under section 24712 of title 49, United States Code.
Northeast Corridor Commission— Of the funds made available under subsection (a)(1), the Secretary may make available up to $6,000,000 for each fiscal year for the Northeast Corridor Commission established under section 24905 of title 49, United States Code.
Authorization of appropriations for Amtrak Office of Inspector General— There are authorized to be appropriated to the Office of Inspector General of Amtrak the following amounts:
For fiscal year 2021, $26,500,000.
For fiscal year 2022, $27,000,000.
For fiscal year 2023, $27,500,000.
For fiscal year 2024, $28,000,000.
For fiscal year 2025, $28,500,000.
Passenger rail improvement, modernization, and enhancement grants— There are authorized to be appropriated to the Secretary to carry out section 22906 of title 49, United States Code, the following amounts:
For fiscal year 2021, $3,800,000,000.
For fiscal year 2022, $3,800,000,000.
For fiscal year 2023, $3,800,000,000.
For fiscal year 2024, $3,800,000,000.
For fiscal year 2025, $3,800,000,000.
Consolidated rail infrastructure and safety improvements—
In general— There are authorized to be appropriated to the Secretary to carry out section 22907 of title 49, United States Code, the following amounts:
For fiscal year 2021, $1,400,000,000.
For fiscal year 2022, $1,400,000,000.
For fiscal year 2023, $1,400,000,000.
For fiscal year 2024, $1,400,000,000.
For fiscal year 2025, $1,400,000,000.
Project management oversight— The Secretary may withhold up to 1 percent from the amount appropriated under paragraph (1) for the costs of project management oversight of grants carried out under section 22907 of title 49, United States Code.
Railroad rehabilitation and improvement financing—
In general— There are authorized to be appropriated to the Secretary for payment of credit risk premiums in accordance with section 9104 of this division and section 502 of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 822) $30,000,000 for each of fiscal years 2021 through 2025, to remain available until expended.
Refund of premium— There are authorized to be appropriated to the Secretary $70,000,000 to repay the credit risk premium under section 502 of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 822) in accordance with section 9104.
Restoration and enhancement grants—
In general— There are authorized to be appropriated to the Secretary to carry out section 22908 of title 49, United States Code, $20,000,000 for each of fiscal years 2021 through 2025.
Project management oversight— The Secretary may withhold up to 1 percent from the amount appropriated under paragraph (1) for the costs of project management oversight of grants carried out under section 22908 of title 49, United States Code.
Grade crossing separation grants—
In general— There are authorized to be appropriated to the Secretary to carry out section 20171 of title 49, United States Code, (as added by section 9551 of this Act) the following amounts:
For fiscal year 2021, $450,000,000.
For fiscal year 2022, $475,000,000.
For fiscal year 2023, $500,000,000.
For fiscal year 2024, $525,000,000.
For fiscal year 2025, $550,000,000.
Project management oversight— The Secretary may withhold up to 1 percent from the amount appropriated under paragraph (1) for the costs of project management oversight of grants carried out under section 20171 of title 49, United States Code.
Rail safety public awareness grants— Of the amounts made available under subsection (k), the Secretary shall make available $5,000,000 for each of fiscal years 2021 through 2025 to carry out section 20172 of title 49, United States Code, (as added by section 9552 of this Act).
Authorization of appropriations to the Federal Railroad Administration— Section 20117 of title 49, United States Code, is amended to read as follows:
“20117. Authorization of appropriations
“(a) Safety and operations
“(1) In general—There are authorized to be appropriated to the Secretary of Transportation for the operations of the Federal Railroad Administration and to carry out railroad safety activities authorized or delegated to the Administrator—
“(A) $229,000,000 for fiscal year 2021.
“(B) $231,000,000 for fiscal year 2022;
“(C) $233,000,000 for fiscal year 2023;
“(D) $235,000,000 for fiscal year 2024; and
“(E) $237,000,000 for fiscal year 2025.
“(2) Automated Track Inspection Program and data analysis—From the funds made available under paragraph (1) for each of fiscal years 2021 through 2025, not more than $17,000,000 may be expended for the Automated Track Inspection Program and data analysis related to track inspection. Such funds shall remain available until expended.
“(3) State participation grants—Amounts made available under paragraph (1) for grants under section 20105(e) shall remain available until expended.
“(4) Short line safety—From funds made available under paragraph (1), the Secretary may expend not more than $4,000,000—
“(A) for grants to improve safety practices and training for Class II and Class III freight railroads; and
“(B) to develop safety management systems for Class II and Class III freight railroads through safety culture assessments, training and education, outreach activities, and technical assistance.
“(b) Railroad research and development
“(1) Authorization of appropriations—There are authorized to be appropriated to the Secretary of Transportation for necessary expenses for carrying out railroad research and development activities the following amounts which shall remain available until expended:
“(A) $42,000,000 for fiscal year 2021.
“(B) $44,000,000 for fiscal year 2022.
“(C) $46,000,000 for fiscal year 2023.
“(D) $48,000,000 for fiscal year 2024.
“(E) $50,000,000 for fiscal year 2025.
“(2) Study on LNG by rail—From the amounts made available for fiscal years 2021 through 2025 under paragraph (1), the Secretary shall expend not less than $6,000,000 and not more than $8,000,000 to carry out the evaluation of transporting liquefied natural gas by rail under section 10204.
“(3) Study on safety culture assessments—From the amounts made available for fiscal year 2021 under paragraph (1), the Secretary shall expend such sums as are necessary to carry out the study on safety culture assessments under section 9517 of the TRAIN Act.”
Fatigue reduction pilot projects— There are authorized to be appropriated to the Secretary for costs associated with carrying out section 21109(e) of title 49, United States Code, $200,000 to remain available until expended.
Sec. 9102 Passenger rail improvement, modernization, and expansion grants
In general— Section 22906 of title 49, United States Code, is amended to read as follows:
“22906. Passenger rail improvement, modernization, and expansion grants
“(a) Establishment—The Secretary of Transportation shall establish a program to make grants for capital projects that improve the state of good repair, operational performance, or growth of intercity rail passenger transportation.
“(b) Project selection criteria
“(1) In general—Capital projects eligible for a grant under this section include—
“(A) a project to replace, rehabilitate, or repair a major infrastructure asset used for providing passenger rail service to bring such infrastructure asset into a state of good repair;
“(B) a project to improve passenger rail performance, including congestion mitigation, reliability improvements, achievement on-time performance standards established under section 207 of the Rail Safety Improvement Act of 2008 (49 U.S.C. 24101 note), reduced trip times, increased train frequencies, higher operating speeds, electrification, and other improvements, as determined by the Secretary; and
“(C) a project to repair, rehabilitate, replace, or build infrastructure to expand or establish intercity rail passenger transportation and facilities, including high-speed rail.
“(2) Requirements—To be eligible for a grant under this section, an applicant shall have, or provide documentation of a credible plan to achieve—
“(A) the legal, financial, and technical capacity to carry out the project;
“(B) satisfactory continuing control over the use of the equipment or facilities that are the subject of the project; and
“(C) an agreement in place for maintenance of such equipment or facilities.
“(3) Priority—In selecting an applicant for a grant under this section, the Secretary shall give preference to capital projects that—
“(A) are supported by multiple States or are included in a regional planning process; and
“(B) achieve environmental benefits such as a reduction in greenhouse gas emissions or an improvement in local air quality.
“(4) Additional considerations—In selecting an applicant for a grant under this section, the Secretary shall consider—
“(A) the cost-benefit analysis of the proposed project, including anticipated public benefits relative to the costs of the proposed project, including—
“(i) effects on system and service performance;
“(ii) effects on safety, competitiveness, reliability, trip or transit time, and resilience;
“(iii) impacts on the overall transportation system, including efficiencies from improved integration with other modes of transportation or benefits associated with achieving modal shifts; and
“(iv) the ability to meet existing or anticipated passenger or service demand;
“(B) the applicant’s past performance in developing and delivering similar projects;
“(C) if applicable, the consistency of the project with planning guidance and documents set forth by the Secretary or required by law; and
“(D) if applicable, agreements between all stakeholders necessary for the successful delivery of the project.
“(c) Northeast Corridor projects—Of the funds made available to carry out this section, not less than 40 percent shall be made available for projects included in the Northeast Corridor investment plan required under section 24904.
“(d) National projects—Of the funds made available to carry out this section, not less than 40 percent shall be made available for—
“(1) projects on the National Network;
“(2) high-speed rail projects; and
“(3) the establishment of new passenger rail corridors not located on the Northeast Corridor.
“(e) Federal share of total project costs
“(1) Total project cost estimate—The Secretary shall estimate the total cost of a project under this section based on the best available information, including engineering studies, studies of economic feasibility, environmental analyses, and information on the expected use of equipment or facilities.
“(2) Federal share—The Federal share of total costs for a project under this section shall not exceed 90 percent.
“(3) Treatment of revenue—Applicants may use ticket and other revenues generated from operations and other sources to satisfy the non-Federal share requirements.
“(f) Letters of intent
“(1) In general—The Secretary shall, to the maximum extent practicable, issue a letter of intent to a recipient of a grant under this section that—
“(A) announces an intention to obligate, for a major capital project under this section, an amount that is not more than the amount stipulated as the financial participation of the Secretary in the project; and
“(B) states that the contingent commitment—
“(i) is not an obligation of the Federal Government; and
“(ii) is subject to the availability of appropriations for grants under this section and subject to Federal laws in force or enacted after the date of the contingent commitment.
“(2) Congressional notification
“(A) In general—Not later than 3 days before issuing a letter of intent under paragraph (1), the Secretary shall submit written notification to—
“(i) the Committee on Transportation and Infrastructure of the House of Representatives;
“(ii) the Committee on Appropriations of the House of Representatives;
“(iii) the Committee on Appropriations of the Senate; and
“(iv) the Committee on Commerce, Science, and Transportation of the Senate.
“(B) Contents—The notification submitted under subparagraph (A) shall include—
“(i) a copy of the letter of intent;
“(ii) the criteria used under subsection (b) for selecting the project for a grant; and
“(iii) a description of how the project meets such criteria.
“(g) Appropriations required—An obligation or administrative commitment may be made under this section only when amounts are appropriated for such purpose.
“(h) Grant administration—The Secretary may withhold up to 1 percent of the total amount made available to carry out this section for program oversight and management, including providing technical assistance and project planning guidance.
“(i) Regional planning guidance—The Secretary may withhold up to half a percent of the total amount made available to carry out this section to facilitate and provide guidance for regional planning processes.
“(j) Availability—Amounts made available to carry out this section shall remain available until expended.
“(k) Grant conditions—Except as specifically provided in this section, the use of any amounts appropriated for grants under this section shall be subject to the grant conditions under section 22905, except that the domestic buying preferences of section 24305(f) shall apply to grants provided to Amtrak in lieu of the requirements of section 22905(a).
“(l) Definitions—In this section:
“(1) Applicant—The term applicant means—
“(A) a State;
“(B) a group of States;
“(C) an Interstate Compact;
“(D) a public agency or publicly chartered authority established by 1 or more States;
“(E) a political subdivision of a State; or
“(F) Amtrak, acting on its own behalf or under a cooperative agreement with 1 or more States.
“(2) Capital project—The term capital project means—
“(A) acquisition, construction, replacement, rehabilitation, or repair of major infrastructure assets or equipment that benefit intercity rail passenger transportation, including tunnels, bridges, stations, track, electrification, grade crossings, passenger rolling stock, and other assets, as determined by the Secretary;
“(B) projects that ensure service can be maintained while existing assets are rehabilitated or replaced; and
“(C) project planning, development, design, and environmental analysis related to projects under subsections (A) and (B).
“(3) Intercity rail passenger transportation—The term intercity rail passenger transportation has the meaning given such term in section 24102.
“(4) High-speed rail—The term high-speed rail has the meaning given such term in section 26106(b).
“(5) Northeast Corridor—The term Northeast Corridor has the meaning given such term in section 24102.
“(6) National Network—The term National Network has the meaning given such term in section 24102.
“(7) State—The term State means each of the 50 States and the District of Columbia.”
Clerical amendment— The item related to section 22906 in the analysis for chapter 229 of title 49, United States Code, is amended to read as follows:
Sec. 9103 Consolidated rail infrastructure and safety improvement grants
Section 22907 of title 49, United States Code, is amended—
in subsection (b) by adding at the end the following:
“(12) A commuter authority (as such term is defined in section 24102).”
in subsection (c)—
in paragraph (1) by inserting “, maintenance, and upgrades” after “Deployment”;
in paragraph (3) by inserting “or safety” after “address congestion”;
in paragraph (4) by striking “identified by the Secretary” and all that follows through “rail transportation” and inserting “to reduce congestion, improve service, or facilitate ridership growth in intercity rail passenger transportation and commuter rail passenger transportation (as such term is defined in section 24102)”;
in paragraph (5) by inserting “or to establish new quiet zones” before the period at the end; and
in paragraph (9) by inserting “or commuter rail passenger transportation (as such term is defined in section 24102)” after “between intercity rail passenger transportation”;
in subsection (e) by striking paragraph (1) and inserting the following:
“(1) In general—In selecting a recipient of a grant for an eligible project, the Secretary shall give preference to—
“(A) projects that will maximize the net benefits of the funds made available for use under this section, considering the cost-benefit analysis of the proposed project, including anticipated public benefits relative to the costs of the proposed project and factoring in the other considerations described in paragraph (2); and
“(B) projects that benefit a station that—
“(i) serves Amtrak and commuter rail;
“(ii) is listed amongst the 25 stations with highest ridership in the most recent Amtrak Company Profile; and
“(iii) has support from both Amtrak and the provider of commuter rail passenger transportation servicing the station.”
in subsection (g)(1) by striking “25 percent” and inserting “15 percent”;
in subsection (l) by striking “Secretary shall” and inserting “Secretary may”;
by redesignating subsections (i), (j), (k), and (l) as subsections (k), (l), (m), and (n), respectively; and
by inserting after subsection (h) the following:
“(i) Large projects—Of the amounts made available under this section, at least 50 percent shall be for projects that have total project costs of greater than $100,000,000.
“(j) Commuter rail
“(1) Administration of funds—The amounts awarded under this section for commuter rail passenger transportation projects shall be transferred by the Secretary, after selection, to the Federal Transit Administration for administration of funds in accordance with chapter 53.
“(2) Grant condition
“(A) In general—As a condition of receiving a grant under this section that is used to acquire, construct, or improve railroad right-of-way or facilities, any employee covered by the Railway Labor Act (45 U.S.C. 151 et seq.) and the Railroad Retirement Act of 1974 (45 U.S.C. 231 et seq.) who is adversely affected by actions taken in connection with the project financed in whole or in part by such grant shall be covered by employee protective arrangements established under section 22905(e).
“(B) Application of protective arrangement—The grant recipient and the successors, assigns, and contractors of such recipient shall be bound by the protective arrangements required under subparagraph (A). Such recipient shall be responsible for the implementation of such arrangement and for the obligations under such arrangement, but may arrange for another entity to take initial responsibility for compliance with the conditions of such arrangement.
“(3) Application of law—Subsections (g) and (f)(1) of section 22905 shall not apply to grants awarded under this section for commuter rail passenger transportation projects.”
Sec. 9104 Railroad rehabilitation and improvement financing
Section 502 of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 822) is amended—
in subsection (b)—
in paragraph (1)—
in subparagraph (A) by inserting “civil works such as cuts and fills, stations, tunnels,” after “components of track,”; and
in subparagraph (D) by inserting “, permitting,” after “reimburse planning”; and
by striking paragraph (3);
in subsection (f)—
in paragraph (3) by adding at the end the following:
“(D) A projection of freight or passenger demand for the project based on regionally developed economic forecasts, including projections of any modal diversion resulting from the project.”
in paragraph (4)—
by striking “Credit risk premiums” and inserting “(A) Timing of payment.—Credit risk premiums”; and
by adding at the end the following:
“(B) Payment of credit risk premiums
“(i) In general—In granting assistance under this section, the Secretary may pay credit risk premiums required under paragraph (3) for entities described in paragraphs (1) through (3) of subsection (a), in whole or in part, with respect to a loan or loan guarantee.
“(ii) Set-aside—Of the amounts made available for payments for a fiscal year under clause (i), the Secretary shall reserve $25,000,000 for payments for passenger rail projects, to remain available until expended.
“(C) Refund of premium—The Secretary shall repay the credit risk premium of each loan in cohort 3, as defined by the memorandum to the Office of Management and Budget of the Department of Transportation dated November 5, 2018, with interest accrued thereon, not later than 60 days after the date on which all obligations attached to each such loan have been satisfied. For each such loan for which obligations have been satisfied as of the date of enactment of the TRAIN Act, the Secretary shall repay the credit risk premium of each such loan, with interest accrued thereon, not later than 60 days after the date of the enactment of such Act.”
by adding at the end the following:
“(n) Non-Federal share—The proceeds of a loan provided under this section may be used as the non-Federal share of project costs under this title or chapter 53 of title 49 if such loan is repayable from non-Federal funds.”
Sec. 9105 Buy America
Section 22905(a) of title 49, United States Code, is amended—
in paragraph (2)—
in subparagraph (B) by adding “or” at the end;
by striking subparagraph (C); and
by redesignating subparagraph (D) as subparagraph (C);
by striking paragraph (4) and inserting the following:
“(4)
“(A) If the Secretary receives a request for a waiver under paragraph (2), the Secretary shall provide notice of and an opportunity for public comment on the request at least 30 days before making a finding based on the request.
“(B) A notice provided under subparagraph (A) shall—
“(i) include the information available to the Secretary concerning the request, including whether the request is being made under subparagraph (A), (B), or (C) of paragraph (2); and
“(ii) be provided by electronic means, including on the official public website of the Department of Transportation.”
in paragraph (5)—
by striking “2012” and inserting “2020, and each year thereafter”; and
by inserting “during the preceding fiscal year” before the period; and
by adding at the end the following:
“(12) The requirements of this subsection apply to all contracts for a project carried out within the scope of the applicable finding, determination, or decisions under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), regardless of the funding source for activities carried out pursuant to such contracts, if at least 1 contract for the project is funded with amounts made available to carry out a provision specified in paragraph (1).”
Sec. 9106 Rail network climate change vulnerability assessment
In general— The Secretary of Transportation shall sponsor a study by the National Academies to conduct an assessment of the potential impacts of climate change on the national rail network.
Assessment— At a minimum, the assessment conducted pursuant to subsection (a) shall—
cover the entire freight and intercity passenger rail network of the United States;
evaluate risk to the network over 5-, 30-, and 50-year outlooks;
examine and describe potential effects of climate change and extreme weather events on passenger and freight rail infrastructure, trackage, and facilities, including facilities owned by rail shippers;
identify and categorize the assets described in paragraph (3) by vulnerability level and geographic area; and
recommend strategies or measures to mitigate any adverse impacts of climate change, including emergency preparedness measures and resiliency best practices for infrastructure planning.
Report— Not later than 18 months after the date of enactment of this Act, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report containing the findings of the assessment conducted pursuant to subsection (a).
Further coordination— The Secretary shall make the report publicly available on the website of the Department of Transportation and communicate the results of the assessment with stakeholders.
Regulatory authority— If the Secretary finds in the report required under subsection (c) that regulatory measures are warranted and such measures are otherwise under the existing authority of the Secretary, the Secretary may issue such regulations as are necessary to implement such measures.
Funding— From the amounts made available for fiscal year 2021 under section 20117(a) of title 49, United States Code, the Secretary shall expend not less than $1,000,000 to carry out the study required under subparagraph (a).
II Amtrak Reforms
Sec. 9201 Amtrak findings, mission, and goals
Section 24101 of title 49, United States Code, is amended—
in subsection (a)—
in paragraph (1)—
by striking “, to the extent its budget allows,”; and
by striking “between crowded urban areas and in other areas of” and inserting “throughout”;
in paragraph (2) by striking the period and inserting “, thereby providing additional capacity for the traveling public and widespread air quality benefits.”;
in paragraph (4)—
by striking “greater” and inserting “high”; and
by striking “to Amtrak to achieve a performance level sufficient to justify expending public money” and inserting “in order to meet the passenger rail needs of the United States”;
in paragraph (5)—
by inserting “intercity and” after “efficient”; and
by striking “the energy conservation and self-sufficiency” and inserting “addressing climate change, energy conservation, and self-sufficiency”; and
by adding at the end the following:
“(9) Long-distance passenger rail is an important part of the national transportation system.
“(10) Investments in intercity and commuter rail passenger transportation support jobs that provide a pathway to the middle class.”
in subsection (b) by striking “The” and all that follows through “consistent” and inserting “The mission of Amtrak is to provide a safe, efficient, and high-quality national passenger rail system, consistent”;
in subsection (c)—
by striking paragraph (1) and inserting the following:
“(1) use its best business judgment in acting to maximize the benefits of public funding;”
in paragraph (2)—
by striking “minimize Government subsidies by encouraging” and inserting “work with”; and
by striking the semicolon and inserting “and improvements to service;”;
by striking paragraph (3) and inserting the following:
“(3) manage the passenger rail network in the interest of public transportation needs, including current and future Amtrak passengers;”
in paragraph (7) by striking “encourage” and inserting “work with”;
in paragraph (11) by striking “and” the last place it appears; and
by striking paragraph (12) and inserting the following:
“(12) utilize and manage resources with a long-term perspective, including sound investments that take into account the overall lifecycle costs of an asset;
“(13) ensure that service is accessible and accommodating to passengers with disabilities; and
“(14) maximize the benefits Amtrak generates for the United States by creating quality jobs and supporting the domestic workforce.”
by striking subsection (d).
Sec. 9202 Amtrak status
Sec. 9203 Board of Directors
Section 24302 of title 49, United States Code, is amended—
in subsection (a)—
in paragraph (1)—
by striking subparagraph (C) and inserting the following:
“(C) 8 individuals appointed by the President of the United States, by and with the advice and consent of the Senate, with a record of support for national passenger rail service, general business and financial experience, and transportation qualifications or expertise. Of the individuals appointed—
“(i) 1 shall be a Mayor or Governor of a location served by a regularly scheduled Amtrak service on the Northeast Corridor;
“(ii) 1 shall be a Mayor or Governor of a location served by a regularly scheduled Amtrak service that is not on the Northeast Corridor;
“(iii) 1 shall be a labor representative of Amtrak employees; and
“(iv) 2 shall be individuals with a history of regular Amtrak ridership and an understanding of the concerns of rail passengers.”
in paragraph (2) by inserting “users of Amtrak, including the elderly and individuals with disabilities, and” after “and balanced representation of”;
in paragraph (3) by adding at the end the following: “A member of the Board appointed under clause (i) or (ii) of paragraph (1)(C) shall serve for a term of 5 years or until such member leaves the elected office such member occupied at the time such member was appointed, whichever is first.”; and
by striking paragraph (5) and inserting the following:
“(5) The Secretary and any Governor of a State may be represented at a Board meeting by a designee.”
in subsection (b)—
by striking “Pay and expenses” and inserting “Duties, pay, and expenses”; and
by inserting “Each director must consider the well-being of current and future Amtrak passengers, and the public interest in sustainable national passenger rail service.” before “Each director not employed by the United States Government or Amtrak”; and
by adding at the end the following:
“(g) Governor defined—In this section, the term Governor means the Governor of a State or the Mayor of the District of Columbia and includes the designee of the Governor.”
Sec. 9204 Amtrak preference enforcement
In general— Section 24308(c) of title 49, United States Code, is amended by adding at the end the following: “Notwithstanding section 24103(a) and section 24308(f), Amtrak shall have the right to bring an action for equitable or other relief in the United States District Court for the District of Columbia to enforce the preference rights granted under this subsection.”.
Conforming amendment— Section 24103 of title 49, United States Code, is amended by inserting “and section 24308(c)” before “, only the Attorney General”.
Sec. 9205 Use of facilities and providing services to Amtrak
Section 24308(e) of title 49, United States Code, is amended—
by striking paragraph (1) and inserting the following:
“(1)
“(A) When a rail carrier does not agree to allow Amtrak to operate additional trains over any rail line of the carrier on which Amtrak is operating or seeks to operate, Amtrak may submit an application to the Board for an order requiring the carrier to allow for the operation of the requested trains. Within 90 days of receipt of such application, the Board shall determine whether the additional trains would unreasonably impair freight transportation and—
“(i) for a determination that such trains do not unreasonably impair freight transportation, order the rail carrier to allow for the operation of such trains on a schedule established by the Board; or
“(ii) for a determination that such trains do unreasonably impair freight transportation, initiate a proceeding to determine any additional infrastructure investments required by, or on behalf of, Amtrak.
“(B) If Amtrak seeks to resume operation of a train that Amtrak operated during the 5-year period preceding an application described in subparagraph (A), the Board shall apply a presumption that the resumed operation of such train will not unreasonably impair freight transportation unless the Board finds that there are substantially changed circumstances.”
in paragraph (2)—
by striking “The Board shall consider” and inserting “The Board shall”;
by striking subparagraph (A) and inserting the following:
“(A) in making the determination under paragraph (1), take into account any infrastructure investments proposed in Amtrak’s application, with the rail carrier having the burden of demonstrating that the additional trains will unreasonably impair the freight transportation; and”
in subparagraph (B) by inserting “consider investments described in subparagraph (A) and” after “times,”; and
by adding at the end the following:
“(4) In a proceeding initiated by the Board under paragraph (1)(B), the Board shall solicit the views of the parties and require the parties to provide any necessary data or information. Not later than 180 days after the date on which the Board makes a determination under paragraph (1)(B), the Board shall issue an order requiring the rail carrier to allow for the operation of the requested trains conditioned upon additional infrastructure or other investments needed to mitigate the unreasonable interference. In determining the necessary level of additional infrastructure or other investments, the Board shall use any criteria, assumptions, and processes it considers appropriate.
“(5) The provisions of this subsection shall be in addition to any other statutory or contractual remedies Amtrak may have to obtain the right to operate the additional trains.”
Sec. 9206 Prohibition on mandatory arbitration
by redesignating subsection (e) as subsection (f); and
by inserting after subsection (d) the following:
“(e) Prohibition on choice-of-forum clause
“(1) In general—Amtrak may not impose a choice-of-forum clause that attempts to preclude a passenger, or a person who purchases a ticket for rail transportation on behalf of a passenger, from bringing a claim against Amtrak in any court of competent jurisdiction, including a court within the jurisdiction of the residence of such passenger in the United States (provided that Amtrak does business within that jurisdiction).
“(2) Court of competent jurisdiction—Under this subsection, a court of competent jurisdiction may not include an arbitration forum.”
Effective date— This section, and the amendments made by this section, shall apply to any claim that arises on or after the date of enactment of this Act.
Sec. 9207 Amtrak ADA assessment
Assessment— Amtrak shall conduct an assessment and review of all Amtrak policies, procedures, protocols, and guidelines for compliance with the requirements of the Americans With Disabilities Act of 1990 (42 U.S.C. 12101 et seq.).
Report— Not later than 180 days after the date of enactment of this Act, Amtrak shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the results of the assessment conducted under subsection (a).
Contents— The report required under subsection (b) shall include—
a summary of the policies, procedures, protocols, and guidelines reviewed;
any necessary changes to such policies, procedures, protocols, and guidelines to ensure compliance with the Americans With Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), including full compliance under such Act for Amtrak stations and facilities and consideration of the needs of individuals with disabilities when procuring rolling stock; and
an implementation plan and timeline for making any such necessary changes.
Engagement— Amtrak is encouraged to engage with a range of advocates for individuals with disabilities during the assessment conducted under subsection (a), and develop an ongoing and standardized process for engagement with advocates for individuals with disabilities.
Periodic evaluation— At least once every 2 years, Amtrak shall review and update, as necessary, Amtrak policies, procedures, protocols, and guidelines to ensure compliance with the Americans With Disabilities Act of 1990 (42 U.S.C. 12101 et seq.).
Sec. 9208 Prohibition on smoking on Amtrak trains
In general— Chapter 243 of title 49, United States Code, is amended by adding at the end the following:
“24323. Prohibition on smoking on Amtrak trains
“(a) Prohibition—Beginning on the date of enactment of the TRAIN Act, Amtrak shall prohibit smoking on board Amtrak trains.
“(b) Electronic Cigarettes
“(1) Inclusion—The use of an electronic cigarette shall be treated as smoking for purposes of this section.
“(2) Electronic cigarette defined—In this section, the term electronic cigarette means a device that delivers nicotine or other substances to a user of the device in the form of a vapor that is inhaled to simulate the experience of smoking.”
Conforming amendment— The analysis for chapter 243 of title 49, United States Code, is amended by adding at the end the following:
Sec. 9209 State-supported routes operated by Amtrak
Section 24712 of title 49, United States Code, is amended—
in subsection (a)—
in paragraph (3)(C) by striking “the vote” and inserting “the votes”;
in paragraph (4) by striking the first sentence and inserting “The Committee shall define and periodically update the rules and procedures governing the Committee’s proceedings.”; and
in paragraph (6)—
by striking subparagraph (B) and inserting the following:
“(B) Procedures—The rules and procedures implemented under paragraph (4) shall include—
“(i) procedures for changing the cost allocation methodology, notwithstanding section 209(b) of the Passenger Rail Investment and Improvement Act (49 U.S.C. 24101 note); and
“(ii) procedures or broad guidelines for conducting financial planning, including operating and capital forecasting, reporting, and data sharing and governance.”
in subparagraph (C)—
in clause (i) by striking “and” at the end;
in clause (ii) by striking the period at the end and inserting “; and”; and
by adding at the end the following:
“(iii) promote increased efficiency in Amtrak’s operating and capital activities.”
by adding at the end the following:
“(D) Annual Review—Not later than June 30 of each year, the Committee shall prepare an evaluation of the cost allocation methodology and procedures under subparagraph (B) and transmit such evaluation to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.”
in subsection (b)—
by inserting “and to the Committee” before “, as well as the planning”; and
by inserting before the period at the end the following: “and the Committee. Not later than 180 days after the date of enactment of the TRAIN Act, the Committee shall develop a report that contains the general ledger data and operating statistics from Amtrak’s accounting systems used to calculate payments to States. Amtrak shall provide to the States and the Committee the report for the prior month not later than 30 days after the last day of each month”;
in subsection (e) by inserting “, including incentives to increase revenue, reduce costs, finalize contracts by the beginning of the fiscal year, and require States to promptly make payments for services delivered” before the period;
in subsection (f)—
in paragraph (1)—
by inserting “and annually review and update, as necessary, ” after “shall develop”; and
by inserting before “The Committee may consult” the following: “The statement shall include a list of capital projects, including infrastructure, fleet, station, and facility initiatives, needed to support the growth of State-supported routes.”;
in paragraph (2) by striking “Not later than 2 years” and all that follows through “transmit the statement” and inserting “The Committee shall transmit, not later than March 31 of each year, the most recent annual update to the statement”; and
by adding at the end the following:
“(3) Sense of Congress—It is the sense of Congress that the Committee shall be the forum where Amtrak and States collaborate on the planning, improvement, and development of corridor routes across the National Network. The Committee shall identify obstacles to passenger rail growth and identify solutions to overcome such obstacles.”
by redesignating subsections (g) and (h) as subsections (j) and (k), respectively; and
by inserting after subsection (f) the following:
“(g) New State-supported routes
“(1) Consultation—In developing a new State-supported route, Amtrak shall consult with the following:
“(A) The State or States and local municipalities where such new service would operate.
“(B) Commuter authorities and regional transportation authorities (as such terms are defined in section 24102) in the areas that would be served by the planned route.
“(C) Host railroads.
“(D) Administrator of the Federal Railroad Administration.
“(E) Other stakeholders, as appropriate.
“(2) State commitments—Notwithstanding any other provision of law, before beginning construction necessary for, or beginning operation of, a State-supported route that is initiated on or after the date of enactment of the TRAIN Act, Amtrak shall enter into a memorandum of understanding, or otherwise secure an agreement, with the State in which such route will operate for sharing ongoing fully allocated operating costs and capital costs in accordance with—
“(A) the cost allocation methodology described under subsection (a); or
“(B) the alternative cost allocation schedule described in paragraph (3).
“(3) Alternative cost allocation—Under the alternative cost allocation schedule described in this paragraph, with respect to costs not covered by revenues for the operation of the new State-supported route, Amtrak shall pay—
“(A) the share Amtrak otherwise would have paid under the cost allocation methodology under subsection (a); and
“(B) a percentage of the share that the State otherwise would have paid under the cost allocation methodology under subsection (a) according to the following:
“(i) Amtrak shall pay up to 100 percent of the capital costs necessary to initiate a new State-supported route, including planning and development, design, and environmental analysis, prior to beginning operations on the new route.
“(ii) For the first 2 years of operation, Amtrak shall pay for 100 percent of operating costs and capital costs.
“(iii) For the third year of operation, Amtrak shall pay 90 percent of operating costs and capital costs and the State shall pay the remainder.
“(iv) For the fourth year of operation, Amtrak shall pay 80 percent of operating costs and capital costs and the State shall pay the remainder
“(v) For the fifth year of operation, Amtrak shall pay 50 percent of operating costs and capital costs and the State shall pay the remainder.
“(vi) For the sixth year of operation and thereafter, operating costs and capital costs shall be allocated in accordance with the cost allocation methodology described under subsection (a), as applicable.
“(4) Application of terms—In this subsection, the terms capital cost and operating cost shall apply in the same manner as such terms apply under the cost allocation methodology developed under subsection (a).
“(h) Cost allocation methodology and implementation report
“(1) In general—Not later than 18 months after the date of enactment of the TRAIN Act, the Committee shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report assessing potential improvements to the cost allocation methodology required and approved under section 209 of the Passenger Rail Investment and Improvement Act of 2008 (49 U.S.C. 24101 note).
“(2) Report contents—The report required under paragraph (1) shall—
“(A) identify improvements to the cost allocation methodology that would promote—
“(i) transparency of route and train costs and revenues;
“(ii) facilitation of service and network growth;
“(iii) improved services for the traveling public;
“(iv) maintenance or achievement of labor collective bargaining agreements;
“(v) increased revenues; and
“(vi) reduced costs;
“(B) describe the various contracting approaches used in State-supported services between States and Amtrak, including the method, amount, and timeliness of payments for each State-supported service;
“(C) evaluate the potential benefits and feasibility, including identifying any necessary statutory changes, of implementing a service pricing model for State-supported routes in lieu of a cost allocation methodology and how such a service pricing model would advance the priorities described in subparagraph (A); and
“(D) summarize share of costs from the cost allocation methodology that are—
“(i) assigned;
“(ii) allocated regionally or locally; and
“(iii) allocated nationally.
“(3) Update to the methodology—Not later than 2 years after the implementation of the TRAIN Act, the Committee shall update the methodology, if necessary, based on the findings of the report required under paragraph (1).
“(i) Identification of State-Supported route changes—Amtrak shall provide an update in the annual grant request under section 24319 of planned or proposed changes to State-supported routes, including the introduction of new State-supported routes. In identifying routes to be included in such request, Amtrak shall—
“(1) identify the timeframe in which such changes could take effect and whether Amtrak has entered into a commitment with a State under subsection (g)(2); and
“(2) consult with the Committee and any additional States in which proposed routes may operate, not less than 120 days before the annual grant request is transmitted to the Secretary.”
Sec. 9210 Amtrak Police Department
In general— Not later than 90 days after the date of enactment of this Act, the Comptroller General of the United States shall initiate a study of the workforce planning process of the Amtrak Police Department and the deployment of personnel and resources of the Department.
Consultation— In carrying out the study under this section, the Comptroller General shall consult with the Amtrak Police Department Labor Committee, law enforcement and public safety experts, and entities providing passenger rail service comparable to Amtrak, and any other relevant entities, as determined by the Comptroller General.
Contents of study— The study under this section shall—
review and determine whether the workforce planning process used to allocate Amtrak Police Department personnel, including contractors, adequately meets the safety and security needs of the Amtrak network, including considering whether the planning process—
identifies critical positions, skills, and competencies necessary for ensuring the safety and security of the Amtrak network;
analyzes employment levels of sworn and civilian personnel, including patrol officers, necessary for ensuring the safety and security of the Amtrak network;
analyzes workforce gaps and develops strategies to address any such gaps;
considers the risks identified by Amtrak’s triannual risk assessments;
considers variables, including ridership levels, miles of right-of-way, crime data, and workload, that comparable passenger rail systems consider in the development of the workforce plans of such systems;
includes collaboration or coordination with local, State, tribal, and Federal agencies, and public transportation agencies to support the safety and security of the Amtrak network; and
sets goals and performance metrics for the Department and monitors and evaluates the Department’s progress toward such goals and metrics; and
assess and evaluate whether the deployment of Amtrak Police Department personnel and contractors as of March 1, 2020, adequately mitigates risks and ensures the safety and security of Amtrak passengers, employees, trains, stations, facilities, and other infrastructure, including—
whether there is an adequate number of civilian and sworn personnel deployed across the Department’s 6 geographic divisions, including patrol officers, detectives, canine units, special operations unit, strategic operations, intelligence, corporate security, Office of Professional Responsibilities, and Office of Chief of Police;
whether patrol officers have an adequate presence on trains and route segments, and in stations, facilities, and other infrastructure;
whether Amtrak Police Department personnel have the tools and resources, including vehicles, communication devices, and weapons, necessary for performing their responsibilities; and
the locations and positions occupied by Amtrak Police Department contractors and the adequacy of their training.
Report— Not later than 18 months after the date of enactment of this Act, the Comptroller General shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the results of study. Such report shall include recommendations for improving the workforce planning process and the deployment of Amtrak Police Department personnel and resources.
Sec. 9211 Amtrak food and beverage
Amtrak food and beverage— Section 24321 of title 49, United States Code, is amended to read as follows:
“24321. Amtrak food and beverage
“(a) Ensuring access to food and beverage services
“(1) Access to services—On all long-distance routes, Amtrak shall ensure that all passengers who travel overnight on such route shall have access to the food and beverage service that is provided to sleeping car passengers on such route.
“(2) Statutory construction—Nothing in this subsection shall be construed to limit the authority of Amtrak to charge passengers for any food and beverage services.
“(b) Food and beverage workforce
“(1) Workforce requirement—Amtrak shall ensure that any individual onboard a train who prepares food and beverages is an Amtrak employee.
“(2) Savings clause—No Amtrak employee holding a position as of the date of enactment of the TRAIN Act may be involuntarily separated because of any action taken by Amtrak to implement this section, including any employees who are furloughed as a result of the COVID–19 pandemic.
“(c) Savings clause—Amtrak shall ensure that no Amtrak employee holding a position as of the date of enactment of the Passenger Rail Reform and Investment Act of 2015 is involuntarily separated because of the development and implementation of the plan required by the amendments made by section 11207 of such Act.”
Technical and conforming amendments—
Analysis— The item related to section 24321 in the analysis for chapter 243 of title 49, United States Code, is amended to read as follows:
Amtrak authority— Section 24305(c)(4) of title 49, United States Code, is amended by striking “only if revenues from the services each year at least equal the cost of providing the services”.
Contracting out— Section 121(c) of the Amtrak Reform and Accountability Act of 1997 (49 U.S.C. 24312 note; 111 Stat. 2574) is amended by striking “, other than work related to food and beverage service,”.
Amtrak food and beverage working group—
Establishment— Not later than 90 days after the date of enactment of this Act, Amtrak shall establish a working group (in this subsection referred to as the “Working Group”) to provide recommendations on Amtrak onboard food and beverage services.
Membership— The Working Group shall consist of individuals representing—
Amtrak;
the labor organizations representing Amtrak employees who prepare or provide onboard food and beverage services; and
nonprofit organizations representing Amtrak passengers.
Recommendations—
In general— The Working Group shall develop recommendations to increase ridership and improve customer satisfaction by—
promoting collaboration and engagement between Amtrak, Amtrak passengers, and Amtrak employees preparing or providing onboard food and beverage services, prior to Amtrak implementing changes to onboard food and beverage services;
improving onboard food and beverage services; and
improving solicitation, reception, and consideration of passenger feedback regarding onboard food and beverage services.
Considerations— In developing the recommendations under subparagraph (A), the Working Group shall consider—
the healthfulness of onboard food and beverages offered, including the ability of passengers to address dietary restrictions;
the preparation and delivery of onboard food and beverages;
the differing needs of passengers traveling on long-distance routes, State-supported routes, and the Northeast Corridor;
Amtrak passenger survey data about the food and beverages offered on Amtrak trains; and
any other issue the Working Group determines appropriate.
Reports—
Initial report— Not later than 1 year after the date on which the Working Group is established, the Working Group shall submit to the Board of Directors of Amtrak, the Committee on Transportation and Infrastructure of the House of Representatives, and the Committee on Commerce, Science, and Transportation of the Senate a report containing the recommendations developed under paragraph (3).
Subsequent report— Not later than 30 days after the date on which the Working Group submits the report required under subparagraph (A), Amtrak shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on whether Amtrak agrees with the recommendations of the Working Group and describing any plans to implement such recommendations.
Prohibition on food and beverage service changes— During the period beginning on the date of enactment of this Act and ending 30 days after the date on which Amtrak submits the report required under paragraph (4)(B), Amtrak may not make changes to onboard food and beverage services, except that Amtrak shall reverse any changes to onboard food and beverage service made in response to the COVID–19 pandemic as Amtrak service is restored.
Termination— The Working Group shall terminate on the date on which Amtrak submits the report required under paragraph (4)(B), except that Amtrak may extend such date by up to 1 year if Amtrak determines that the Working Group is beneficial to Amtrak in making decisions related to onboard food and beverage services. If Amtrak extends such date, Amtrak shall include notification of the extension in the report required under paragraph (4)(B).
Nonapplicability of Federal Advisory Committee Act— The Federal Advisory Committee Act (5 U.S.C. App) does not apply to the Working Group established under this section.
Long-distance route; Northeast Corridor; and State-supported route defined— In this subsection, the terms long-distance route, Northeast Corridor, and State-supported route have the meaning given those terms in section 24102 of title 49, United States Code.
Sec. 9212 Clarification on Amtrak contracting out
Section 121 of the Amtrak Reform and Accountability Act of 1997 (49 U.S.C. 24312 note; 111 Stat. 2574) is amended by striking subsection (d) and inserting the following:
“(d) Furloughed work—Amtrak may not contract out work within the scope of work performed by an employee in a bargaining unit covered by a collective bargaining agreement entered into between Amtrak and an organization representing Amtrak employees during the period of time such employee has been laid off and has not been recalled to perform such work.
“(e) Agreement prohibitions on contracting out—This section does not authorize Amtrak to contract out work if the contracting out is prohibited by a collective bargaining agreement entered into between Amtrak and an organization representing Amtrak employees.”
Sec. 9213 Amtrak staffing
Section 24312 of title 49, United States Code, is amended by adding at the end the following:
“(c) Call center staffing
“(1) Outsourcing—Amtrak may not renew or enter into a contract to outsource call center customer service work on behalf of Amtrak, including through a business process outsourcing group.
“(2) Training—Amtrak shall make available training programs to any Amtrak call center employee carrying out customer service activities using telephone or internet platforms.
“(d) Station agent staffing
“(1) In general—Beginning on the date that is 1 year after the date of enactment of the TRAIN Act, Amtrak shall ensure that at least 1 Amtrak ticket agent is employed at each station building—
“(A) that Amtrak owns, or operates service through, as part of a passenger service route; and
“(B) for which the number of passengers boarding or deboarding an Amtrak vehicle in fiscal year 2019 was an average of at least 40 passengers per day over all days in which the station was serviced by Amtrak, regardless of the number of Amtrak vehicles servicing the station per day.
“(2) Exception—This subsection does not apply to any station building in which a commuter rail ticket agent has the authority to sell Amtrak tickets.”
Sec. 9214 Special transportation
Section 24307(a) of title 49, United States Code, is amended—
in the matter preceding paragraph (1) by striking “for the following:” and inserting “of at least a 20 percent discount on full-price rail fares for, at a minimum—”;
in paragraph (1) by striking the period at the end and inserting a semicolon; and
by striking paragraph (2) and inserting the following:
“(2) individuals of 12 years of age or younger;
“(3) individuals with a disability, as such term is defined in section 3 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102);
“(4) members of the Armed Forces on active duty (as those terms are defined in section 101 of title 10) and their spouses and dependents with valid identification;
“(5) veterans (as that term is defined in section 101 of title 38) with valid identification; and
“(6) individuals attending federally-accredited postsecondary education institutions with valid student identification cards.”
Sec. 9215 Disaster and emergency relief program
In general— Chapter 243 of title 49, United States Code, is amended by adding at the end the following:
“24323. Disaster and emergency relief program
“(a) In general—The Secretary of Transportation may make grants to Amtrak for—
“(1) capital projects to repair, reconstruct, or replace equipment, infrastructure, stations, and other facilities that the Secretary determines are in danger of suffering serious damage, or have suffered serious damage, as a result of an emergency event;
“(2) offset revenue lost as a result of such an event; and
“(3) support continued operations following emergency events.
“(b) Coordination of emergency funds—Funds made available to carry out this section shall be in addition to any other funds available and shall not affect the ability of Amtrak to use any other funds otherwise authorized by law.
“(c) Grant conditions—Grants made under this subsection (a) shall be subject to such terms and conditions as the Secretary determines necessary.
“(d) Definition of emergency event—In this section, the term emergency event has the meaning given such term in section 20103.”
Clerical amendment— The analysis for chapter 243 of title 49, United States Code, is amended by adding at the end the following:
Sec. 9216 Recreational trail access
Section 24315 of title 49, United States Code, is amended by adding at the end the following:
“(i) Recreational trail access—At least 30 days before implementing a new policy, structure, or operation that affects recreational trail access, Amtrak shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report on such policy, structure, or operation and recreational trail access affected. Such report shall include Amtrak’s plans to mitigate the impact to such recreational trail access.”
III Intercity Passenger Rail Policy
Sec. 9301 Northeast Corridor Commission
Section 24905 of title 49, United States Code, is amended—
in subsection (a)(1)—
in subparagraph (A) by striking “members” and inserting “4 members”;
in subparagraph (B) by striking “members” and inserting “5 members”; and
in subparagraph (D) by striking “and commuter railroad carriers using the Northeast Corridor selected by the Secretary” and inserting “railroad carriers and commuter authorities using the Northeast Corridor, as determined by the Commission”;
by striking paragraph (2) of subsection (a) and inserting the following:
“(2) At least 2 of the members described in paragraph (1)(B) shall be career appointees, as such term is defined in section 3132(a) of title 5.”
in subsection (b)(3)(B)—
in clause (i) by inserting “, including ridership trends,” before “along the Northeast Corridor”;
in clause (ii) by striking “capital investment plan described in section 24904.” and inserting “first year of the capital investment plan described in section 24904; and”; and
by adding at the end the following:
“(iii) progress in assessing and eliminating the state-of-good-repair backlog.”
in subsection (c)—
by striking “(1) Development” and all that follows through “standardized policy” and inserting the following:
“(1) Policy—The Commission shall—
“(A) maintain and update, as appropriate, the “Northeast Corridor Commuter and Intercity Rail Cost Allocation Policy” approved on September 17, 2015,”
in paragraph (1)—
in subparagraph (B) by striking “a proposed timetable for implementing” and inserting “timetables for implementing and maintaining”;
in subparagraph (C) by striking “the policy and the timetable” and inserting “updates to the policy and the timetables”; and
by striking subparagraph (D) and inserting the following:
“(D) support the efforts of the members of the Commission to implement the policy in accordance with such timetables; and”
in paragraph (2)—
by striking the first sentence and inserting “In accordance with the timetable developed in paragraph (1), Amtrak and commuter authorities on the Northeast Corridor shall implement the policy developed under paragraph (1) in agreements for usage of facilities or services.”;
by striking “fail to implement such new agreements” and inserting “fail to implement the policy”; and
by striking “paragraph (1)(A), as applicable” and inserting “paragraph (1)”; and
in paragraph (4) by striking “public authorities providing commuter rail passenger transportation” and inserting “commuter authorities”;
by striking subsection (d);
by redesignating subsection (e) as subsection (d); and
in paragraph (1)(D) of subsection (d) (as redesignated by paragraph (6)) by striking “commuter rail agencies” and inserting “commuter authorities”.
Sec. 9302 Northeast Corridor planning
by redesignating subsection (e) as subsection (f);
by striking subsection (c);
by redesignating subsections (a) and (b) as subsections (b) and (c), respectively;
by inserting before subsection (b), as so redesignated, the following:
“(a) Strategic development plan
“(1) Requirement—Not later than December 31, 2021, the Northeast Corridor Commission established under section 24905 (referred to in this section as the “Commission”) shall submit to Congress a strategic development plan that identifies key state-of-good-repair, capacity expansion, and capital improvement projects planned for the Northeast Corridor, to upgrade aging infrastructure and improve the reliability, capacity, connectivity, performance, and resiliency of passenger rail service on the Northeast Corridor.
“(2) Contents—The strategic development plan required under paragraph (1) shall—
“(A) provide a coordinated and consensus-based plan covering a period of 15 years;
“(B) identify service objectives and capital investments needs;
“(C) provide a delivery-constrained strategy that identifies capital investment phasing, an evaluation of workforce needs, and strategies for managing resources and mitigating construction impacts on operations;
“(D) include a financial strategy that identifies funding needs and potential sources and includes an economic impact analysis; and
“(E) be updated at least every 5 years.”
in subsection (b) (as redesignated by paragraph (3))—
by striking “Not later than” and all that follows through “shall” and inserting “Not later than November 1 of each year, the Commission shall”;
in paragraph (1)(A) by striking “a capital investment plan” and inserting “an annual capital investment plan”;
in paragraph (2)—
in subparagraph (A) by striking “and network optimization”;
in subparagraph (B) by striking “and service”;
in subparagraph (C) by striking “first fiscal year after the date on which” and inserting “fiscal year during which”;
in subparagraph (D) by striking “identify, prioritize,” and all that follows through “and consider” and inserting “document the projects and programs being undertaken to achieve the service outcomes identified in the Northeast Corridor strategic development plan, once available, and the asset condition needs identified in the Northeast Corridor asset management plans and consider”; and
in subparagraph (E)(i) by striking “normalized capital replacement and”; and
in paragraph (3)(B) by striking “expected allocated shares of costs” and inserting “status of cost sharing agreements”;
in subsection (c) (as redesignated by paragraph (3)) by striking “may be spent only on” and all that follows through the end and inserting “may be spent only on capital projects and programs contained in the Commission’s capital investment plan from the previous year.”; and
by striking subsections (d) and (e) and inserting the following:
“(d) Review and coordination—The Commission shall gather information from Amtrak, the States in which the Northeast Corridor is located, and commuter rail authorities to support development of the capital investment plan. The Commission may specify a format and other criteria for the information submitted. Submissions to the plan from Amtrak, States in which the Northeast Corridor are located, and commuter rail authorities shall be provided to the Commission in a manner that allows for a reasonable period of review by, and coordination with, affected agencies.
“(e) Northeast corridor asset management
“(1) Contents—With regard to existing infrastructure, Amtrak and other infrastructure owners that provide or support intercity rail passenger transportation on the Northeast Corridor shall develop an asset management system, and use and update such system as necessary, to develop submissions to the Northeast Corridor capital investment plan described in subsection (b). Such system shall—
“(A) be consistent with the Federal Transit Administration process, as authorized under section 5326, when implemented; and
“(B) include, at a minimum—
“(i) an inventory of all capital assets owned by the developer of the plan;
“(ii) an assessment of asset condition;
“(iii) a description of the resources and processes necessary to bring or maintain those assets in a state of good repair; and
“(iv) a description of changes in asset condition since the previous version of the plan.”
Conforming amendments—
Accounts— Section 24317(d)(1) of title 49, United States Code, is amended—
in subparagraph (B) by striking “24904(a)(2)(E)” and inserting “24904(b)(2)(E)”; and
in subparagraph (F) by striking “24904(b)” and inserting “24904(c)”.
Federal-State partnership for state of good repair— Section 24911(e)(2) of title 49, United States Code, is amended by striking “24904(a)” and inserting “24904(b)”.
Sec. 9303 Protective arrangements
Section 22905 of title 49, United States Code, is amended—
in subsection (c)(2)(B) by striking “that are equivalent to the protective arrangements established under section 504 of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 836)” and inserting “established by the Secretary under subsection (e)(1)”;
by redesignating subsections (e) and (f) as subsections (f) and (g), respectively; and
by inserting after subsection (d) the following:
“(e) Equivalent employee protections
“(1) Establishment—Not later than 90 days after the date of enactment of this subsection, the Administrator of the Federal Railroad Administration shall establish protective arrangements equivalent to those established under section 504 of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 836), and require such protective arrangements to apply to employees described under subsection (c)(2)(B) and as required under subsection (l) of section 22907.
“(2) Publication—The Administrator shall make available on a publicly available website the protective arrangements established under paragraph (1).”
Sec. 9304 High-speed rail funds
In general— Notwithstanding any other provision of law and not later than 90 days after the date of enactment of this Act, the Secretary of Transportation shall reinstate any cooperative agreement terminated after January 1, 2019 that was originally entered into under the heading “Capital Assistance for High Speed Rail Corridors and Intercity Passenger Rail Service” in the Department of Transportation Appropriations Act, 2010 (Public Law 111–117).
Inclusion— The reinstatement under subsection (a) shall include the obligation to such agreement of all of the funds obligated to such agreement as of the date of termination of such agreement.
IV Commuter Rail Policy
Sec. 9401 Surface Transportation Board mediation of trackage use requests
Section 28502 of title 49, United States Code, is amended to read as follows:
“28502. Surface Transportation Board mediation of trackage use requests
“A rail carrier shall provide good faith consideration to a reasonable request from a provider of commuter rail passenger transportation for access to trackage and provision of related services. If, after a reasonable period of negotiation, a public transportation authority cannot reach agreement with a rail carrier to use trackage of, and have related services provided by, the rail carrier for purposes of commuter rail passenger transportation, the public transportation authority or the rail carrier may apply to the Board for nonbinding mediation. The Board shall conduct the nonbinding mediation in accordance with the mediation process of section 1109.4 of title 49, Code of Federal Regulations, as in effect on the date of enactment of the TRAIN Act.”
Sec. 9402 Surface Transportation Board mediation of rights-of-way use requests
Section 28503 of title 49, United States Code, is amended to read as follows:
“28503. Surface Transportation Board mediation of rights-of-way use requests
“A rail carrier shall provide good faith consideration to a reasonable request from a provider of commuter rail passenger transportation for access to rail right-of-way for the construction and operation of a segregated fixed guideway facility. If, after a reasonable period of negotiation, a public transportation authority cannot reach agreement with a rail carrier to acquire an interest in a railroad right-of-way for the construction and operation of a segregated fixed guideway facility to provide commuter rail passenger transportation, the public transportation authority or the rail carrier may apply to the Board for nonbinding mediation. The Board shall conduct the nonbinding mediation in accordance with the mediation process of section 1109.4 of title 49, Code of Federal Regulations, as in effect on the date of enactment of the TRAIN Act.”
V Rail Safety
A Passenger and Freight Safety
Sec. 9501 National Academies study on safety impact of trains longer than 7,500 feet
Study— The Secretary of Transportation shall seek to enter into an agreement with the National Academies to conduct a study and issue to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the safety impacts of freight trains longer than 7,500 feet.
Contents— The study conducted pursuant to subsection (a) shall include—
an examination of any potential risks of the operation of such trains and recommendations on mitigation of such risks;
among other safety factors with respect to such trains, an evaluation of—
any increased risk of loss of communications between the end of train device and the locomotive cab, including communications over differing terrains and conditions;
any increased risk of loss of communications between crewmembers, including communications over differing terrains and conditions;
any increased risk of derailments, including risks associated with in-train compressive forces and slack action or other safety risks in the operations of such trains in differing terrains and conditions;
safety risks associated with the deployment of multiple distributed power units in the consists of such trains; and
impacts of the length of trains on braking and locomotive performance and track wear and tear; and
an evaluation of whether additional engineer and conductor training is required for safely operating such trains.
Report— Not later than 18 months after the date of enactment of this Act, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the results of the study.
Funding— From the amounts made available for fiscal year 2021 to carry out section 20117(a) of title 49, United States Code, the Secretary shall expend not less than $1,000,000 and not more than $2,000,000 to carry out the study required under subsection (a).
Sec. 9502 GAO study on changes in freight railroad operating and scheduling practices
Study— The Comptroller General of the United States shall study the impact on freight rail shippers, Amtrak, commuter railroads, railroad employees, and other affected parties of changes in freight railroad operating and scheduling practices as a result of the implementation of the precision scheduled railroading model.
Contents— At minimum, the study shall examine—
the impacts of the operation of longer trains;
safety impacts of reduction in workforce, including occupational injury rates, impacts to inspection frequencies and repair quality, and changes in workforce demands;
the elimination or downsizing of yards, repair facilities, and other operational facilities;
increases in demurrage or accessorial charges or other costs to shippers;
capital expenditures for rail infrastructure; and
the effect of changes to dispatching practices and locations of dispatching centers on—
the on-time performance of passenger trains, and
the quality and reliability of service to freight shippers.
Report— Not later than 1 year after the date of enactment of this Act, the Comptroller General shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report summarizing the study and the results of such study, including recommendations for addressing any negative impacts of precision scheduled railroading on freight shippers or passenger railroads.
Sec. 9503 FRA safety reporting
In general— Section 20901 of title 49, United States Code, is amended by inserting “(including the train length, the number of crew members on board the train, and the duties of such crew members)” after “reported accident or incident”.
Regulations— Not later than 180 days after the date of enactment of this Act, the Secretary of Transportation shall issue such regulations as are necessary to carry out the amendment made by subsection (a).
Sec. 9504 Waiver notice requirements
Section 20103(d) of title 49, United States Code, is amended to read as follows:
“(d) Nonemergency waivers
“(1) In general—The Secretary may waive compliance with any part of a regulation prescribed or order issued under this chapter if the waiver is in the public interest and consistent with railroad safety.
“(2) Notice required—The Secretary shall—
“(A) provide timely public notice of any request for a waiver under this subsection;
“(B) make the application for such waiver and any related underlying data available to interested parties;
“(C) provide the public with notice and a reasonable opportunity to comment on a proposed waiver under this subsection before making a final decision; and
“(D) make public the reasons for granting a waiver under this subsection.
“(3) Information protection—Nothing in this subsection shall be construed to require the release of information protected by law from public disclosure.”
Sec. 9505 Notice of FRA comprehensive safety assessments
Initial notice— Not later than 10 business days after the Federal Railroad Administration initiates a comprehensive safety assessment of an entity providing regularly scheduled intercity or commuter rail passenger transportation, the Federal Railroad Administration shall notify in electronic format the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate, and each member of Congress representing a State in which the service that is the subject of the assessment being conducted is located, of the initiation of such assessment.
Findings— Not later than 90 days after completion of a comprehensive safety assessment described in subsection (a), the Federal Railroad Administration shall transmit in electronic format to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate, and to each member of Congress representing a State in which the service that is the subject of the assessment being conducted is located, the findings of such assessment, including identified defects and any recommendations.
Definition of comprehensive safety assessment— In this section, the term comprehensive safety assessment means a focused review of the safety-related processes and procedures, compliance with safety regulations and requirements, and overall safety culture of an entity providing regularly scheduled intercity or commuter rail passenger transportation.
Sec. 9506 FRA accident and incident investigations
Section 20902 of title 49, United States Code, is amended—
in subsection (b) by striking “subpena” and inserting “subpoena”; and
by adding at the end the following:
“(d) Gathering information and technical expertise
“(1) In general—The Secretary shall create a standard process for investigators to use during accident and incident investigations conducted under this section for determining when it is appropriate to, and how to—
“(A) gather information about an accident or incident under investigation from railroad carriers, contractors or employees of railroad carriers or representatives of employees of railroad carriers, and others, as determined relevant by the Secretary; and
“(B) consult with railroad carriers, contractors or employees of railroad carriers or representatives of employees of railroad carriers, and others, as determined relevant by the Secretary, for technical expertise on the facts of the accident or incident under investigation.
“(2) Confidentiality—In developing the process under paragraph (1), the Secretary shall factor in ways to maintain the confidentiality of any entity identified under paragraph (1) if—
“(A) such entity requests confidentiality;
“(B) such entity was not involved in the accident or incident; and
“(C) maintaining such entity’s confidentiality does not adversely affect an investigation of the Federal Railroad Administration.
“(3) Application of law—This subsection shall not apply to any investigation carried out by the National Transportation Safety Board.”
Sec. 9507 Rail safety improvements
Federal railroad administration requirements— Not later than 18 months after the date of enactment of this Act, the Secretary of Transportation shall carry out the following:
Complete a study on how signage can be used to improve safety in the rail industry that includes—
a review of how signs used for other modes of transportation may be effectively used in the rail industry;
a review of how signs used in the railroad industry differ; and
an analysis of whether a uniform system for speed signs across the United States rail system would benefit the railroad industry and improve safety.
Reevaluate seat securement mechanisms and the susceptibility of such mechanisms to inadvertent rotation, and identify a means to prevent the failure of such mechanisms to maintain seat securement.
Conduct research to evaluate the causes of passenger injuries in passenger railcar derailments and overturns and evaluate potential methods for mitigating such injuries.
Based on the research conducted under paragraph (3), develop occupant protection standards for passenger railcars that will mitigate passenger injuries likely to occur during derailments and overturns.
Develop policies for the safe use of child seats to prevent uncontrolled or unexpected movements in intercity passenger trains from disrupting the secure position of such seats.
Requirements for Amtrak— Not later than 18 months after the date of enactment of this Act, Amtrak shall—
ensure operating crewmembers demonstrate proficiency, under daylight and nighttime conditions, on the physical characteristics of a territory by using all resources available, including in-cab instruments, observation rides, throttle time, signage, signals, and landmarks;
ensure the proficiency required under paragraph (1) is demonstrated on written examinations;
revise classroom and road training programs to ensure that operating crews fully understand all locomotive operating characteristics, alarms, and the appropriate response to abnormal conditions;
require that all engineers undergo simulator training before operating new or unfamiliar equipment (at a minimum, experience and respond properly to all alarms), and when possible, undergo simulator training to experience normal and abnormal conditions on new territory before operating in revenue service on such new territory;
ensure that simulator training specified in paragraph (4) supplements the hours engineers spend training on new equipment before becoming certified on such equipment and performing runs on new territory before becoming qualified on such territory;
implement a formal, systematic approach to developing training and qualification programs to identify the most effective strategies for preparing crewmembers to safely operate new equipment on new territories;
work with host railroads and States that own infrastructure over which Amtrak operates to complete a comprehensive assessment of the territories to ensure that necessary wayside signs and plaques are identified, highly noticeable, and strategically located to provide operating crews the information needed to safely operate trains;
update the safety review process to ensure that all operating documents are up to date and accurate before initiating new or revised revenue operations;
incorporate all prerevenue service planning, construction, and route verification work into the scope of a corporate-wide system safety plan, including through rules and policies, risk assessment analyses, safety assurances, and safety promotions; and
conduct risk assessments on all new or upgraded services that occur on Amtrak-owned territory, host railroads, or in States that own infrastructure over which Amtrak operates.
Report— Not later than 18 months after the date of enactment of this Act, the Secretary and Amtrak shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on their progress on meeting the requirements under subsections (a) and (b), respectively, including a description of all completed elements of the requirements.
Sec. 9508 Annual review of speed limit action plans
Section 11406 of the FAST Act (Public Law 114–94) is amended—
in subsection (c) by inserting “or subsection (d)(2)” after “subsection (b)”;
by redesignating subsections (d) through (f) as subsections (e) through (g), respectively;
by inserting after subsection (c) the following:
“(d) Periodic reviews and updates—Each railroad carrier that files an action plan under subsection (b) shall—
“(1) not later than 1 year after the date of enactment of the TRAIN Act, and annually thereafter, review such plan to ensure the effectiveness of actions taken to enable warning and enforcement of the maximum authorized speed for passenger trains at each location identified under subsection (b)(1); and
“(2) not later than 90 days prior to implementing any operational or territorial operating change, including initiating a new service or route, submit to the Secretary a revised action plan that addresses such operational or territorial operating change.”
by adding at the end the following:
“(h) Prohibition—No new intercity rail passenger transportation or commuter rail passenger service may begin operation unless the railroad carrier providing such service is in compliance with this section.”
Sec. 9509 Freight train crew size safety standards
In general— Subchapter II of chapter 201 of title 49, United States Code, is amended by adding at the end the following:
“20169. Freight train crew size safety standards
“(a) Minimum crew size—No freight train may be operated unless such train has a crew of at least 1 appropriately qualified and certified conductor and 1 appropriately qualified and certified engineer.
“(b) Exceptions—Except as provided in subsection (d), the prohibition in subsection (a) shall not apply in the following circumstances:
“(1) Train operations within a rail yard or terminal area or on auxiliary or industry tracks.
“(2) A train operated—
“(A) by a railroad carrier that has fewer than 400,000 total employee work hours annually and less than $20,000,000 annual revenue;
“(B) at a speed of not more than 25 miles per hour; and
“(C) on a track with an average track grade of less than 2 percent for any segment of track that is at least 2 continuous miles.
“(3) Locomotives performing assistance to a train that has incurred mechanical failure or lacks the power to traverse difficult terrain, including traveling to or from the location where assistance is provided.
“(4) Locomotives that—
“(A) are not attached to any equipment or attached only to a caboose; and
“(B) do not travel farther than 30 miles from a rail yard.
“(5) Train operations staffed with fewer than a 2-person crew at least 1 year prior to the date of enactment of this section, if the Secretary determines that the operation achieves an equivalent level of safety.
“(c) Trains ineligible for exception—The exceptions under subsection (b) may not be applied to—
“(1) a train transporting 1 or more loaded cars carrying material toxic by inhalation, as defined in section 171.8 of title 49, Code of Federal Regulations;
“(2) a train carrying 20 or more loaded tank cars of a Class 2 material or a Class 3 flammable liquid in a continuous block or a single train carrying 35 or more loaded tank cars of a Class 2 material or a Class 3 flammable liquid throughout the train consist; and
“(3) a train with a total length of 7,500 feet or greater.
“(d) Waiver—A railroad carrier may seek a waiver of the requirements of this section pursuant to section 20103(d).”
Clerical amendment— The analysis for subchapter II of chapter 201 of title 49, United States Code, is amended by adding at the end the following:
Sec. 9510 Safe cross border operations
In general— Section 416 title IV of division A of the Rail Safety Improvement Act of 2008 (49 U.S.C. 20107 note) is amended—
by striking “Mechanical and brake” and inserting “(a) In general.—Mechanical and brake”; and
by adding at the end the following:
“(b) Waiver—The Secretary may not grant any waiver or waiver modification that provides for the ability to perform mechanical or brake inspections of rail cars in Mexico in lieu of complying with the certification requirements of this section.”
Safety standards for certain rail crews—
In general— Title IV of division A of the Rail Safety Improvement Act of 2008 (Public Law 110–432) is amended by adding at the end the following:
“421. Safety standards for certain rail crews
“(a) In general—The Secretary of Transportation may not permit covered rail employees to enter the United States to perform train or dispatching service unless the Secretary certifies that—
“(1) Mexico has adopted and is enforcing safety standards for covered rail employees that are equivalent to, or greater than, those applicable to railroad employees whose primary reporting point is in the United States, including qualification and certification requirements under parts 240 and 242 of title 49, Code of Federal Regulations;
“(2) covered rail employees are subject to the alcohol and drug testing requirements in part 219 of title 49, Code of Federal Regulations, including the requirements of subparts F, G, and H of such part, to the same extent as such requirements apply to railroad employees whose primary reporting point is in the United States and who are subject to such part;
“(3) covered rail employees are subject to hours of service requirements under section 21103 of title 49, United States Code, at all times any such employee is on duty, regardless of location;
“(4) covered rail employees are subject to the motor vehicle driving record evaluation requirements in section 240.115 of title 49, Code of Federal Regulations, to the same extent as such requirements apply to railroad employees whose primary reporting point is in the United States and are subject to such section, and that such evaluation includes driving records from the same country as the employee’s primary reporting point; and
“(5) the Federal Railroad Administration is permitted to perform onsite inspections of rail facilities in Mexico to ensure compliance with paragraphs (1) and (2).
“(b) Notice required
“(1) In general—Not later than 5 days after the date on which the Secretary certifies each of the requirements under paragraphs (1) through (5) of subsection (a), the Secretary shall publish in the Federal Register—
“(A) notice of each such certification; and
“(B) documentation supporting each such certification.
“(2) Public comment—To ensure compliance with the requirements of this section and any other applicable safety requirements, the Secretary shall—
“(A) allow for public comment on the notice required under paragraph (1); and
“(B) hold a public hearing on such notice.
“(3) Congressional notice—On the date on which each publication required under paragraph (1) is published in the Federal Register, the Secretary shall notify the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate of such publication.
“(c) Drug and alcohol testing
“(1) Nonapplication of exemption—For purposes of compliance with subsection (a)(2), the exemption contained in part 219.3(d)(2) of title 49, Code of Federal Regulations, shall not apply.
“(2) Audit by Office of Drug and Alcohol Compliance—To ensure compliance with the drug and alcohol testing programs described in subsection (a)(2), the Office of Drug and Alcohol Compliance in the Department of Transportation shall conduct an annual audit of such programs and recommend enforcement actions as needed.
“(d) Definition of covered rail employee—In this section, the term covered rail employee means a railroad employee whose primary reporting point is in Mexico.”
Clerical amendment— The table of contents in section 1(b) of the Rail Safety Improvement Act of 2008 (Public Law 110–432), is amended by inserting after the item relating to section 420 the following:
Sec. 9511 Yardmasters hours of service
Limitations on duty hours of yardmaster employees— Section 21103 of title 49, United States Code, is amended—
in the section heading by inserting “and yardmaster employees” after “train employees”;
by inserting “or yardmaster employee” after “train employee” each place it appears; and
in subsection (e) by inserting “or yardmaster employee’s” after “During a train employee’s”.
in paragraph (3) by inserting “a yardmaster employee,” after “dispatching service employee,”; and
by adding at the end the following:
“(6) “yardmaster employee” means an individual responsible for supervising and coordinating the control of trains and engines operating within a rail yard.”
Conforming amendment— The analysis for chapter 211 of title 49, United States Code, is amended by striking the item relating to section 21103 and inserting the following:
Sec. 9512 Leaking brakes
The Administrator of the Federal Railroad Administration shall take such actions as are necessary to ensure that no DB–60 air brake control valve manufactured before January 1, 2006, is equipped on a rail car operating on—
a unit train north of the 37th parallel on or after August 1, 2022; or
a non-unit train north of the 37th parallel on or after August 1, 2024.
Sec. 9513 Annual report on PTC system failures
Section 20157 of title 49, United States Code, is amended by adding at the end the following:
“(m) Annual report of system failures—Not later than April 16 of each calendar year following the date of an implementation deadline under subsection (a)(1), each railroad shall submit to the Secretary a report containing the number of positive train control system failures, separated by each major hardware category, that occurred during the previous calendar year.”
Sec. 9514 Fatigue reduction pilot projects
Sense of Congress— It is the sense of Congress that—
maintaining the highest level of safety across the nation’s railroad network is of critical importance;
ensuring the safety of rail transportation requires the full attention of all workers engaged in safety-critical functions;
fatigue degrades an individual’s ability to stay awake, alert, and attentive to the demands of safe job performance;
the cognitive impairments to railroad workers that result from fatigue can cause dangerous situations that put workers and communities at risk;
the Rail Safety Improvement Act of 2008 mandated that the Federal Railroad Administration conduct two pilot projects to analyze specific practices that may be used to reduce fatigue in employees and as of the date of enactment of this Act, neither pilot project has commenced; and
the Federal Railroad Administration should coordinate with the industry and the workforce to commence and complete the fatigue pilot projects mandated in 2008.
Pilot projects— Section 21109(e) of title 49, United States Code, is amended—
by striking “Not later than 2 years after the date of enactment of the Rail Safety Improvement Act of 2008” and inserting “Not later than 1 year after the date of enactment of the TRAIN Act”; and
by adding at the end the following:
“(3) Coordination—The pilot projects required under subparagraph (1) shall be developed and evaluated in coordination with the labor organization representing the class or craft of employees impacted by the pilot projects.”
Reimbursement— The Secretary of Transportation may reimburse railroads participating in the pilot projects under 21109(e) of title 49, United States Code, a share of the costs associated with the pilot projects, as determined by the Secretary.
Report—
In general— If the pilot projects required under section 21109(e) of title 49, United States Code, have not commenced on the date that is 1 year after the date of enactment of this Act, the Secretary shall, not later than 1 year and 30 days after the date of enactment of this Act, transmit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report describing—
the status of the pilot projects;
actions the Federal Railroad Administration has taken to commence the pilot projects, including efforts to recruit participant railroads;
any challenges impacting the commencement of the pilot projects; and
any other details associated with the development of the pilot projects that affect the progress toward meeting the mandate of such section.
Sec. 9515 Assault prevention and response plans
Amendment— Subchapter II of chapter 201 of title 49, United States Code, as amended by this division, is further amended by adding at the end the following:
“20170. Assault prevention and response plans
“(a) In general—Not later than 180 days after the date of enactment of the TRAIN Act, any entity that provides regularly scheduled intercity or commuter rail passenger transportation shall submit to the Secretary of Transportation for review and approval an assault prevention and response plan (in this section referred to as the “Plan”) to address transportation assaults.
“(b) Contents of plan—The Plan required under subsection (a) shall include—
“(1) procedures that—
“(A) facilitate the reporting of a transportation assault, including the notification of on-site personnel, rail law enforcement, and local law enforcement;
“(B) personnel should follow up on the reporting of a transportation assault, including actions to protect affected individuals from continued assault;
“(C) may be taken to remove the passenger or personnel who has committed a transportation assault from the train or related area or facility as soon as practicable when appropriate;
“(D) include protections and safe reporting practices for passengers who may have been assaulted by personnel; and
“(E) may limit or prohibit, to the extent practicable, future travel with the entity described in subsection (a) by any passenger or personnel who commits a transportation assault against personnel or passengers;
“(2) a policy that ensures an employee who is a victim or witness of a transportation assault may participate in the prosecution of a criminal offense of such assault without any adverse effect on the victim’s or witnesses’ employment status; and
“(3) a process and timeline for conducting an annual review and update of the Plan.
“(c) Notice to passengers—An entity described under subsection (a) shall display onboard trains and in boarding areas, as appropriate, a notice stating the entity’s abilities to restrict future travel under subsection (b)(1)(E).
“(d) Personnel training—An entity described under subsection (a) shall provide initial and annual training for all personnel on the contents of the Plan, including training regarding—
“(1) the procedures described in subsection (b);
“(2) methods for responding to hostile situations, including de-escalation training; and
“(3) rights and responsibilities of personnel with respect to a transportation assault on themselves, other personnel, or passengers.
“(e) Personnel participation—The Plan required under subsection (a) shall be developed and implemented with the direct participation of personnel, and, as applicable, labor organizations representing personnel.
“(f) Reporting
“(1) Incident notification
“(A) In general—Not later than 10 days after a transportation assault incident, the applicable entity described in subsection (a) shall notify personnel employed at the location in which the incident occurred. In the case of an incident on a vehicle, such entity shall notify personnel regularly scheduled to carry out employment activities on the service route on which the incident occurred.
“(B) Content of incident report—The notification required under paragraph (1) shall—
“(i) include a summary of the incident; and
“(ii) be written in a manner that protects the confidentiality of individuals involved in the incident.
“(2) Annual report—For each calendar year, each entity with respect to which a transportation assault incident has been reported during such year shall submit to the Secretary report that describes—
“(A) the number of assault incidents reported to the entity, including—
“(i) the number of incidents committed against passengers; and
“(ii) the number of incidents committed against personnel; and
“(B) the number of assault incidents reported to rail or local law enforcement by personnel of the entity.
“(3) Publication—The Secretary shall make available to the public on the primary website of the Federal Railroad Administration the data collected under paragraph (2).
“(4) Data protection—Data made available under this subsection shall be made available in a manner that protects the confidentiality of individuals involved in transportation assault incidents.
“(g) Definition of transportation assault—In this section, the term transportation assault means the occurrence, or reasonably suspected occurrence, of an act that—
“(1) constitutes assault;
“(2) is committed by a passenger or member of personnel of an entity that provides regularly scheduled intercity or commuter rail passenger transportation against another passenger or member of personnel of such entity; and
“(3) takes place—
“(A) within a vehicle of such entity; or
“(B) in an area in which passengers are entering or exiting a vehicle described in subparagraph (A); or
“(C) a station or facility where such entity operates, regardless of ownership of the station or facility.”
Conforming amendment— The analysis for subchapter II of chapter 201 of title 49, United States Code, as amended by this division, is further amended by adding at the end the following:
Sec. 9516 Critical incident stress plans
The Secretary of Transportation shall issue such regulations as are necessary to amend part 272 of title 49, Code of Federal Regulations, to ensure that—
the coverage of a critical incident stress plan under section 272.7 of such part includes employees of commuter railroads and intercity passenger railroads, as such terms are defined in section 272.9 of such part, who directly interact with passengers; and
assault and the witnessing of an assault against an employee or train passenger is included in the definition of critical incident under section 272.9 of such part.
Sec. 9517 Study on safety culture assessments
In general— The Administrator of the Federal Railroad Administration shall conduct a study on the feasibility of expanding railroad safety culture assessments and training to include assessments and training for workers employed by tourist railroads, passenger railroads, and commuter railroads.
Contents of study— The study required under subsection (a) shall include—
an analysis on the need for the expansion;
the resources required to carry out the additional assessments and training; and
other potential safety challenges the initiative could address.
Report— The Federal Railroad Administration shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the results of the study conducted under subsection (a).
B Grade Crossing Safety
Sec. 9551 Grade crossing separation grant
In general— Subchapter II of chapter 201 of title 49, United States Code, as amended by this division, is further amended by adding at the end the following:
“20171. Grade crossing separation grants
“(a) General authority—The Secretary of Transportation shall make grants under this section to eligible entities to assist in financing the cost of highway-rail grade separation projects.
“(b) Application requirements—To be eligible for a grant under this section, an eligible entity shall submit to the Secretary an application in such form, in such manner, and containing such information as the Secretary may require, including—
“(1) an agreement between the entity that owns or controls the right-of-way and the applicant addressing access to right-of-way throughout the project; and
“(2) a cost-sharing agreement with the funding amounts that the entity that owns or controls the right-of-way shall contribute to the project, which shall be not less than 10 percent of the total project cost.
“(c) Eligible projects—The following projects are eligible to receive a grant under this section:
“(1) Installation, repair, or improvement of grade crossing separations.
“(2) Grade crossing elimination incidental to eligible grade crossing separation projects.
“(3) Project planning, development, and environmental work related to a project described in paragraph (1) or (2).
“(d) Project selection criteria
“(1) Large projects—Of amounts made available to carry out this section, not more than 50 percent shall be available for projects with total costs of $100,000,000 or greater.
“(2) Considerations—In awarding grants under this section, the Secretary—
“(A) shall give priority to projects that maximize the safety benefits of Federal funding; and
“(B) may evaluate applications on the safety profile of the existing crossing, 10-year history of accidents at such crossing, inclusion of the proposed project on a grade crossing safety action plan, average automobile traffic, freight train traffic, average daily number of crossing closures, and proximity of community resources, including schools, hospitals, fire stations, police stations, and emergency medical service facilities.
“(e) Federal share of total project costs
“(1) Total project costs—The Secretary shall estimate the total costs of a project under this section based on the best available information, including any available engineering studies, studies of economic feasibility, environmental analysis, and information on the expected use of equipment or facilities.
“(2) Federal share
“(A) Projects over $40,000,000—For projects exceeding $40,000,000 in total project costs, the Federal share under this section for such project shall not exceed 65 percent.
“(B) Projects under $40,000,000—For projects not exceeding $40,000,000 in total project costs, the Federal share under this section for such project shall not exceed 85 percent.
“(f) Grant conditions—An eligible entity may not receive a grant for a project under this section unless such project is in compliance with section 22905, except that 22905(b) shall only apply to a person that conducts rail operations.
“(g) Definitions—In this section:
“(1) Eligible entity—The term eligible entity means—
“(A) a State;
“(B) a public agency or publicly chartered authority;
“(C) a metropolitan planning organization;
“(D) a political subdivision of a State; and
“(E) a Tribal government.
“(2) Metropolitan planning organization—The term metropolitan planning organization has the meaning given such term in section 134(b) of title 23.
“(3) State—The term State means a State of the United States or the District of Columbia.”
Clerical amendment— The analysis for subchapter II of chapter 201 of title 49, United States Code, as amended by this division, is further amended by adding at the end the following:
Sec. 9552 Rail safety public awareness grant
In general— Subchapter II of chapter 201 of title 49, United States Code, as amended by this division, is further amended by adding at the end the following:
“20172. Rail safety public awareness grants
“(a) Grant—The Administrator of the Federal Railroad Administration shall make grants to eligible entities to carry out public information and education programs to help prevent and reduce rail-related pedestrian, motor vehicle, and other accidents, incidents, injuries, and fatalities, and to improve awareness along railroad rights-of-way and at railway-highway grade crossings.
“(b) Application—To be eligible to receive a grant under this section, an eligible entity shall submit to the Administrator an application in such form, in such manner, and containing such information as the Secretary may require.
“(c) Contents—Programs eligible for a grant under this section—
“(1) shall include, as appropriate—
“(A) development, placement, and dissemination of public service announcements in appropriate media;
“(B) school presentations, driver safety education, materials, and public awareness campaigns; and
“(C) disseminating information to the public on how to identify and report to the appropriate authorities unsafe or malfunctioning highway-rail grade crossings; and
“(2) may include targeted and sustained outreach in communities at greatest risk to develop measures to reduce such risk.
“(d) Coordination—Eligible entities shall coordinate program activities with local communities, law enforcement and emergency responders, and rail carriers, as appropriate, and ensure consistency with State highway-rail grade crossing action plans required under section 11401(b) of the FAST Act (49 U.S.C. 22501 note) and the report titled “National Strategy to Prevent Trespassing on Railroad Property” issued by the Federal Railroad Administration in October 2018.
“(e) Prioritization—In awarding grants under this section, the Administrator shall give priority to applications for programs that—
“(1) are nationally recognized;
“(2) are targeted at schools in close proximity to railroad rights-of-way;
“(3) partner with nearby railroad carriers; or
“(4) focus on communities with a recorded history of repeated grade crossing accidents.
“(f) Definitions—In this section:
“(1) Eligible entity—the term eligible entity means—
“(A) a nonprofit organization;
“(B) a State;
“(C) a political subdivision of a State; and
“(D) a law enforcement agency or emergency response organization.
“(2) State—The term State means a State of the United States or the District of Columbia.”
Clerical amendment— The analysis for subchapter II of chapter 201 of title 49, United States Code, as amended by this division, is further amended by adding at the end the following:
Sec. 9553 Establishment of 10-minute time limit for blocking public grade crossings
In general— Subchapter II of chapter 201 of title 49, United States Code, as amended by this division, is further amended by adding at the end the following:
“20173. Time limit for blocking a rail crossing
“(a) Time limit—A train, locomotive, railroad car, or other rail equipment is prohibited from blocking a crossing for more than 10 minutes, unless the train, locomotive, or other equipment is directly delayed by—
“(1) a casualty or serious injury;
“(2) an accident;
“(3) a track obstruction;
“(4) an act of God; or
“(5) a derailment or a major equipment failure that prevents the train from advancing.
“(b) Civil penalty—The Secretary of Transportation may issue civil penalties for violations of subsection (a) in accordance with section 21301.
“(c) Delegation—The Secretary may delegate enforcement actions under subsection (b) to States either through a State inspector certified by the Federal Railroad Administration, or other law enforcement officials as designated by the States and approved by the Administration. The Secretary shall issue guidance or regulations not later than 1 year after the date of enactment on the criteria and process for States to gain approval under this section.
“(d) Application to Amtrak and commuter railroads—This section shall not apply to Amtrak or commuter authorities, including Amtrak and commuter authorities’ operations run or dispatched by a Class I railroad.
“(e) Definitions—In this section:
“(1) Crossing—The term crossing means a location within a State in which a public highway, road, or street, including associated sidewalks and pathways, crosses 1 or more railroad tracks either at grade or grade-separated.
“(2) Blocked crossing—The term blocked crossing means a circumstance in which a train, locomotive, railroad car, or other rail equipment is stopped or is standing in a manner that obstructs public travel at a crossing.”
Clerical amendment— The analysis for subchapter II of chapter 201 of title 49, United States Code, is further amended by adding at the end the following new item:
Sec. 9554 National strategy to address blocked crossings
In general— Not later than 18 months after the date of enactment of this Act, the Secretary of Transportation shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate, and make publicly available on the website of the Department of Transportation, a report containing a national strategy to address blocked crossings.
Public law 116–94— The strategy required under subsection (a) shall incorporate the recommendations and briefing described in the report accompanying the Department of Transportation Appropriations Act, 2020 (Public Law 116–94) with respect to the amounts provided under the heading “Federal Railroad Administration—Safety and Operations”.
Report contents— The strategy required under subsection (a) shall include an analysis of the following topics, including any specific legislative or regulatory recommendations:
How best to engage the public, representatives of labor organizations representing railroad employees, law enforcement officers, highway traffic officials, or other employees of a public agency acting in an official capacity to identify and address blocked crossings.
How technology and positive train control system data can be used to identify and address instances of blocked crossings.
How to identify and address instances of blocked crossings at crossings with passive or no warning devices.
How best to use the data collected under a webpage established by the Secretary for the public and law enforcement to report instances of blocked crossings, including whether such data should be verified by each rail carrier or incorporated into the national crossing inventory established under section 20160 of title 49, United States Code.
Updating strategy— The Secretary shall evaluate the strategy developed under this section not less than every 5 years, and update it as needed.
Definitions— In this section:
Blocked crossing— The term blocked crossing means a circumstance in which a train, locomotive, railroad car, or other rail equipment is stopped or is standing in a manner that obstructs public travel at a crossing.
Positive train control system— The term positive train control system has the meaning given the term in section 20157(i) of title 49, United States Code.
Sec. 9555 Railroad point of contact for blocked crossing matters
Section 20152 of title 49, United States Code, is amended—
in subsection (a)—
in paragraph (1)—
in subparagraph (C) by striking “or” at the end;
by redesignating subparagraph (D) as subparagraph (E); and
by inserting the following after subparagraph (C):
“(D) blocked crossings; or”
in paragraph (4)—
by striking “paragraph (1)(C) or (D)” and inserting “subparagraph (C), (D), or (E) of paragraph (1)”; and
by striking “and” at the end;
in paragraph (5) by striking the period at the end and inserting “; and” ; and
by adding at the end the following:
“(6) promptly inform the Secretary if the number required to be established under subsection (a) has changed and report the new number to the Secretary.”
by adding at the end the following:
“(c) Publication of telephone numbers—The Secretary shall make any telephone number established under subsection (a) publicly available on the website of the Department of Transportation.”