Sec. 2001 Short title
This title may be cited as the “Passenger Rail Expansion and Rail Safety Act of 2021”.
Title II — Rail
II Rail
A Authorization of appropriations
Sec. 2101 Grants to Amtrak
Northeast Corridor— There are authorized to be appropriated to the Secretary for grants to Amtrak for activities associated with the Northeast Corridor the following amounts:
For fiscal year 2022, $1,570,000,000.
For fiscal year 2023, $1,100,000,000.
For fiscal year 2024, $1,200,000,000.
For fiscal year 2025, $1,300,000,000.
For fiscal year 2026, $1,400,000,000.
National Network— There are authorized to be appropriated to the Secretary for grants to Amtrak for activities associated with the National Network the following amounts:
For fiscal year 2022, $2,300,000,000.
For fiscal year 2023, $2,200,000,000.
For fiscal year 2024, $2,450,000,000.
For fiscal year 2025, $2,700,000,000.
For fiscal year 2026, $3,000,000,000.
Oversight— The Secretary may withhold up to 0.5 percent from the amount appropriated for each fiscal year pursuant to subsections (a) and (b) for the costs of oversight of Amtrak.
State-Supported Route Committee— The Secretary may withhold up to $3,000,000 from the amount appropriated for each fiscal year pursuant to subsection (b) for use by the State-Supported Route Committee established under section 24712(a) of title 49, United States Code.
Northeast Corridor Commission— The Secretary may withhold up to $6,000,000 from the amount appropriated for each fiscal year pursuant to subsection (a) for use by the Northeast Corridor Commission established under section 24905(a) of title 49, United States Code.
Interstate rail compacts— The Secretary may withhold up to $3,000,000 from the amount appropriated for each fiscal year pursuant to subsection (b) for grants authorized under section 22910 of title 49, United States Code.
Accessibility upgrades—
In general— The Secretary shall withhold $50,000,000 from the amount appropriated for each fiscal year pursuant to subsections (a) and (b) for grants to assist Amtrak in financing capital projects to upgrade the accessibility of the national rail passenger transportation system by increasing the number of existing facilities that are compliant with the requirements under the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) until the Secretary determines Amtrak’s existing facilities are in compliance with such requirements.
Savings provision— Nothing in paragraph (1) may be construed to prevent Amtrak from using additional funds appropriated pursuant to this section to carry out the activities authorized under such paragraph.
Corridor development— In addition to the activities authorized under subsection (b), Amtrak may use up to 10 percent of the amounts appropriated under subsection (b) in each fiscal year to support Amtrak-operated corridors selected under section 2306 for—
planning and capital costs; and
operating assistance consistent with the Federal funding limitations under section 22908 of title 49, United States Code.
Sec. 2102 Federal Railroad Administration
Safety and operations— There are authorized to be appropriated to the Secretary for the operations of the Federal Railroad Administration and to carry out railroad safety activities the following amounts:
For fiscal year 2022, $248,000,000.
For fiscal year 2023, $254,000,000.
For fiscal year 2024, $263,000,000.
For fiscal year 2025, $271,000,000.
For fiscal year 2026, $279,000,000.
Railroad research and development— There are authorized to be appropriated to the Secretary for the use of the Federal Railroad Administration for activities associated with railroad research and development the following amounts:
For fiscal year 2022, $43,000,000.
For fiscal year 2023, $44,000,000.
For fiscal year 2024, $45,000,000.
For fiscal year 2025, $46,000,000.
For fiscal year 2026, $47,000,000.
Transportation technology center— The Secretary may withhold up to $3,000,000 from the amount appropriated for each fiscal year pursuant to subsection (b) for activities authorized under section 20108(d) of title 49, United States Code.
Rail Research and Development Center of Excellence— The Secretary may withhold up to 10 percent of the amount appropriated for each fiscal year under subsection (b) for grants authorized under section 20108(j) of title 49, United States Code.
Sec. 2103 Consolidated rail infrastructure and safety improvements grants
In general— There is authorized to be appropriated to the Secretary for grants under section 22907 of title 49, United States Code, $1,000,000,000 for each of fiscal years 2022 through 2026.
Oversight— The Secretary may withhold up to 2 percent from the amount appropriated for each fiscal year pursuant to subsection (a) for the costs of project management oversight of grants authorized under title 49, United States Code.
Sec. 2104 Railroad Crossing Elimination Program
In general— There is authorized to be appropriated to the Secretary for grants under section 22909 of title 49, United States Code, as added by section 2305, $500,000,000 for each of fiscal years 2022 through 2026.
Planning projects— Not less than 3 percent of the amount appropriated in each fiscal year pursuant to subsection (a) year shall be used for planning projects described in section 22909(d)(6) of title 49, United States Code.
Highway-Rail grade crossing safety information and education program— Of the amount appropriated under subsection (a) in each fiscal year, 0.25 percent shall be used for contracts or grants to carry out a highway-rail grade crossing safety information and education program—
to help prevent and reduce pedestrian, motor vehicle, and other accidents, incidents, injuries, and fatalities; and
to improve awareness along railroad rights-of-way and at highway-rail grade crossings.
Oversight— The Secretary may withhold up to 2 percent from the amount appropriated for each fiscal year pursuant to subsection (a) for the costs of project management oversight of grants authorized under title 49, United States Code.
Sec. 2105 Restoration and enhancement grants
In general— There is authorized to be appropriated to the Secretary for grants under section 22908 of title 49, United States Code, $50,000,000 for each of fiscal years 2022 through 2026.
Oversight— The Secretary may withhold up to 1 percent of the amount appropriated for each fiscal year pursuant to subsection (a) for the costs of project management oversight of grants authorized under section 22908 of title 49, United States Code.
Sec. 2106 Federal-State partnership for intercity passenger rail grants
In general— There is authorized to be appropriated to the Secretary for grants under section 24911 of title 49, United States Code, $1,500,000,000 for each of fiscal years 2022 through 2026.
Oversight— The Secretary may withhold up to 2 percent of the amount appropriated under subsection (a) for the costs of project management oversight of grants authorized under title 49, United States Code.
Sec. 2107 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 2022, $26,500,000.
For fiscal year 2023, $27,000,000.
For fiscal year 2024, $27,500,000.
For fiscal year 2025, $28,000,000.
For fiscal year 2026, $28,500,000.
B Amtrak reforms
Sec. 2201 Amtrak findings, mission, and goals
Findings— Section 24101(a) of title 49, United States Code, is amended—
in paragraph (1), by striking “between crowded urban areas and in other areas of” and inserting “throughout”;
in paragraph (4), by striking “to Amtrak to achieve a performance level sufficient to justify expending public money” and inserting “in order to meet the intercity passenger rail needs of the United States”;
in paragraph (5)—
by inserting “intercity passenger and” before “commuter”; and
by inserting “and rural” after “major urban;” and
by adding at the end the following:
“(9) Long-distance routes are valuable resources of the United States that are used by rural and urban communities.”
Goals— Section 24101(c) of title 49, United States Code, is amended—
by amending paragraph (1) to read as follows:
“(1) use its best business judgment in acting to maximize the benefits of Federal investments, including—
“(A) offering competitive fares;
“(B) increasing revenue from the transportation of mail and express;
“(C) offering food service that meets the needs of its customers;
“(D) improving its contracts with rail carriers over whose tracks Amtrak operates;
“(E) controlling or reducing management and operating costs; and
“(F) providing economic benefits to the communities it serves;”
in paragraph (11), by striking “and” at the end;
in paragraph (12), by striking the period at the end and inserting “; and”; and
by adding at the end the following:
“(13) support and maintain established long-distance routes to provide value to the Nation by serving customers throughout the United States and connecting urban and rural communities.”
Increasing revenues— Section 24101(d) of title 49, United States Code, is amended to read as follows:
“(d) Increasing revenues—Amtrak is encouraged to make agreements with private sector entities and to undertake initiatives that are consistent with good business judgment and designed to generate additional revenues to advance the goals described in subsection (c).”
Sec. 2202 Composition of Amtrak’s Board of Directors
Selection; composition; chair— Section 24302(a) of title 49, United States Code, is amended—
in paragraph (1)—
in subparagraph (B), by striking “President” and inserting “Chief Executive Officer”; and
in subparagraph (C), by striking “or a” and inserting “(including individuals with disabilities) or of a”;
in paragraph (2), by striking “and try to provide adequate and balanced representation of the major geographic regions of the United States served by Amtrak”;
by redesignating paragraph (5) as paragraph (7); and
by striking paragraph (4) and inserting the following:
“(4) Of the individuals appointed pursuant to paragraph (1)(C)—
“(A) 2 individuals shall reside in or near a location served by a regularly scheduled Amtrak service along the Northeast Corridor;
“(B) 4 individuals shall reside in or near regions of the United States that are geographically distributed outside of the Northeast Corridor, of whom—
“(i) 2 individuals shall reside in States served by a long-distance route operated by Amtrak;
“(ii) 2 individuals shall reside in States served by State-supported routes operated by Amtrak; and
“(iii) an individual who resides in a State that is served by a State-supported route and a long-distance route may be appointed to serve either position referred to in clauses (i) and (ii);
“(C) 2 individuals shall reside either—
“(i) in or near a location served by a regularly scheduled Amtrak service on the Northeast Corridor; or
“(ii) in a State served by long-distance or State-supported routes; and
“(D) each individual appointed to the Board pursuant to this paragraph may only fill 1 of the allocations set forth in subparagraphs (A) through (C).
“(5) The Board shall elect a chairperson and vice chairperson, other than the Chief Executive Officer of Amtrak, from among its membership. The vice chairperson shall act as chairperson in the absence of the chairperson.
“(6) The Board shall meet at least annually with—
“(A) representatives of Amtrak employees;
“(B) representatives of persons with disabilities; and
“(C) the general public, in an open meeting with a virtual attendance option, to discuss financial performance and service results.”
Rule of construction— None of the amendments made by subsection (a) may be construed as affecting the term of any director serving on the Amtrak Board of Directors under section 24302(a)(1)(C) of title 49, United States Code, as of the date of enactment of this Act.
Sec. 2203 Station agents
Section 24312 of title 49, United States Code, is amended by adding at the end the following:
“(c) Availability of station agents
“(1) In general—Except as provided in paragraph (2), beginning on the date that is 1 year after the date of enactment of the Passenger Rail Expansion and Rail Safety Act of 2021, 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 long-distance or Northeast Corridor passenger service route;
“(B) where at least 1 Amtrak ticket agent was employed on or after October 1, 2017; and
“(C) for which an average of 40 passengers boarded or deboarded an Amtrak vehicle per day during all of the days in fiscal year 2017 when the station was serviced by Amtrak, regardless of the number of Amtrak vehicles servicing the station per day.
“(2) Exception—Paragraph (1) shall not apply to any station building in which a commuter rail ticket agent has the authority to sell Amtrak tickets.”
Sec. 2204 Increasing oversight of changes to Amtrak long-distance routes and other intercity services
Amtrak annual operations report— Section 24315(a)(1) of title 49, United States Code, is amended—
in subparagraph (G), by striking “and” at the end;
in subparagraph (H), by adding “and” at the end; and
by adding at the end the following:
“(I) any change made to a route’s or service’s frequency or station stops;”
5-Year business line plans— Section 24320(b)(2) of title 49, United States Code, is amended—
by redesignating subparagraphs (B) through (L) as subparagraphs (C) through (M), respectively; and
by inserting after subparagraph (A) the following:
“(B) a detailed description of any plans to permanently change a route’s or service’s frequency or station stops for the service line;”
Sec. 2205 Improved oversight of Amtrak accounting
Section 24317 of title 49, United States Code, is amended—
in subsection (a)(2), by striking “and costs among Amtrak business lines” and inserting “, including Federal grant funds, and costs among Amtrak service lines”;
by amending subsection (b) to read as follows:
“(b) Account structure
“(1) In general—The Secretary of Transportation, in consultation with Amtrak, shall define, maintain, and periodically update an account structure and improvements to accounting methodologies, as necessary, to support the Northeast Corridor and the National Network.
“(2) Notification of substantive changes—The Secretary shall notify the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Appropriations of the Senate, the Committee on Transportation and Infrastructure of the House of Representatives, and the Committee on Appropriations of the House of Representatives regarding any substantive changes made to the account structure, including changes to—
“(A) the service lines described in section 24320(b)(1); and
“(B) the asset lines described in section 24320(c)(1).”
in subsection (c), in the matter preceding paragraph (1), by inserting “, maintaining, and updating” after “defining”;
in subsection (d), in the matter preceding paragraph (1), by inserting “, maintaining, and updating” after “defining”;
by amending subsection (e) to read as follows:
“(e) Implementation and reporting
“(1) In general—Amtrak, in consultation with the Secretary of Transportation, shall maintain and implement any account structures and improvements defined under subsection (b) to enable Amtrak to produce sources and uses statements for each of the service lines described in section 24320(b)(1) and, as appropriate, each of the asset lines described in section 24320(c)(1), that identify sources and uses of revenues, appropriations, and transfers between accounts.
“(2) Updated sources and uses statements—Not later than 30 days after the implementation of subsection (b), and monthly thereafter, Amtrak shall submit to the Secretary of Transportation updated sources and uses statements for each of the service lines and asset lines referred to in paragraph (1). The Secretary and Amtrak may agree to a different frequency of reporting.”
by striking subsection (h); and
by redesignating subsection (i) as subsection (h).
Sec. 2206 Improved oversight of Amtrak spending
Allocation of costs and revenues— Section 24318(a) of title 49, United States Code, is amended by striking “Not later than 180 days after the date of enactment of the Passenger Rail Reform and Investment Act of 2015,”.
in the section heading, by inserting “and reporting” after “process”;
by amending subsection (a) to read as follows:
“(a) Procedures for grant requests—The Secretary of Transportation shall—
“(1) establish and maintain substantive and procedural requirements, including schedules, for grant requests under this section; and
“(2) report any changes to such procedures to—
“(A) the Committee on Commerce, Science, and Transportation of the Senate;
“(B) the Committee on Appropriations of the Senate;
“(C) the Committee on Transportation and Infrastructure of the House of Representatives; and
“(D) the Committee on Appropriations of the House of Representatives.”
by amending subsection (c) to read as follows:
“(c) Contents
“(1) In general—Each grant request under subsection (b) shall, as applicable—
“(A) categorize and identify, by source, the Federal funds and program income that will be used for the upcoming fiscal year for each of the Northeast Corridor and National Network in 1 of the categories or subcategories set forth in paragraph (2);
“(B) describe the operations, services, programs, projects, and other activities to be funded within each of the categories set forth in paragraph (2), including—
“(i) the estimated scope, schedule, and budget necessary to complete each project and program; and
“(ii) the performance measures used to quantify expected and actual project outcomes and benefits, aggregated by fiscal year, project milestone, and any other appropriate grouping; and
“(C) describe the status of efforts to improve Amtrak’s safety culture.
“(2) Grant categories
“(A) Operating expenses—Each grant request to use Federal funds for operating expenses shall—
“(i) include estimated net operating costs not covered by other Amtrak revenue sources;
“(ii) specify Federal funding requested for each service line described in section 24320(b)(1); and
“(iii) be itemized by route.
“(B) Debt service—A grant request to use Federal funds for expenses related to debt, including payment of principle and interest, as allowed under section 205 of the Passenger Rail Investment and Improvement Act of 2008 (Public Law 110–432; 49 U.S.C. 24101 note).
“(C) Capital—A grant request to use Federal funds and program income for capital expenses shall include capital projects and programs primarily associated with—
“(i) normalized capital replacement programs, including regularly recurring work programs implemented on a systematic basis on classes of physical railroad assets, such as track, structures, electric traction and power systems, rolling stock, and communications and signal systems, to maintain and sustain the condition and performance of such assets to support continued railroad operations;
“(ii) improvement projects to support service and safety enhancements, including discrete projects implemented in accordance with a fixed scope, schedule, and budget that result in enhanced or new infrastructure, equipment, or facilities;
“(iii) backlog capital replacement projects, including discrete projects implemented in accordance with a fixed scope, schedule, and budget that primarily replace or rehabilitate major infrastructure assets, including tunnels, bridges, stations, and similar assets, to reduce the state of good repair backlog on the Amtrak network;
“(iv) strategic initiative projects, including discrete projects implemented in accordance with a fixed scope, schedule, and budget that primarily improve overall operational performance, lower costs, or otherwise improve Amtrak’s corporate efficiency; and
“(v) statutory, regulatory, or other legally mandated projects, including discrete projects implemented in accordance with a fixed scope, schedule, and budget that enable Amtrak to fulfill specific legal or regulatory mandates.
“(D) Contingency—A grant request to use Federal funds for operating and capital expense contingency shall include—
“(i) contingency levels for specified activities and operations; and
“(ii) a process for the utilization of such contingency.
“(3) Modification of categories—The Secretary of Transportation and Amtrak may jointly agree to modify the categories set forth in paragraph (2) if such modifications are necessary to improve the transparency, oversight, or delivery of projects funded through grant requests under this section.”
in subsection (d)(1)(A)—
by inserting “complete” after “submits a”;
by striking “shall complete” and inserting “shall finish”; and
in clause (ii), by striking “incomplete or”;
in subsection (e)—
in paragraph (1)—
by striking “and other activities to be funded by the grant” and inserting “programs, projects, and other activities to be funded by the grant, consistent with the categories required for Amtrak in a grant request under subsection (c)(1)(A)”; and
by striking “or activities” and inserting “programs, projects, and other activities”; and
in paragraph (3)—
by redesignating subparagraphs (A) and (B) as subparagraphs (B) and (C), respectively; and
by inserting before subparagraph (B), as redesignated, the following:
“(A) using an otherwise allowable approach to the method prescribed for a specific project or category of projects under paragraph (2) if the Secretary and Amtrak agree that a different payment method is necessary to more successfully implement and report on an operation, service, program, project, or other activity;”
by redesignating subsection (h) as subsection (j); and
by inserting after subsection (g) the following:
“(h) Applicable laws and regulations
“(1) Single Audit Act of 1984—Notwithstanding section 24301(a)(3) of this title and section 7501(a)(13) of title 31, Amtrak shall be deemed a “non-Federal entity” for purposes of chapter 75 of title 31.
“(2) Regulations and guidance—The Secretary of Transportation may apply some or all of the requirements set forth in the regulations and guidance promulgated by the Secretary relating to the management, administration, cost principles, and audit requirements for Federal awards.
“(i) Amtrak grant reporting—The Secretary of Transportation shall determine the varying levels of detail and information that will be included in reports for operations, services, program, projects, program income, cash on hand, and other activities within each of the grant categories described in subsection (c)(2).”
Conforming amendments—
Reports and audits— Section 24315(b)(1) of title 49, United States Code, is amended—
in subparagraph (A), by striking “the goal of section 24902(b) of this title; and” and inserting “the goal described in section 24902(a);”;
in subparagraph (B), by striking the period at the end and inserting “; and”; and
by adding at the end the following:
“(C) shall incorporate the categories described in section 24319(c)(2).”
Clerical amendment— The analysis for chapter 243 of title 49, United States Code, is amended by striking the item relating to section 24319 and inserting the following:
Sec. 2207 Increasing service line and asset line plan transparency
in the section heading, by striking “business line and asset plans” and inserting “service line and asset line plans”;
in subsection (a)—
in paragraph (1)—
by striking “of each year” and inserting “, 2020, and biennially thereafter”;
by striking “5-year business line plans and 5-year asset plans” and inserting “5-year service line plans and 5-year asset line plans”; and
by adding at the end the following: “During each year in which Amtrak is not required to submit a plan under this paragraph, Amtrak shall submit to Congress updated financial sources and uses statements and forecasts with the annual report required under section 24315(b).”; and
in paragraph (2), by striking “asset plan required in” and inserting “asset line plan required under”;
in subsection (b)—
in the subsection heading, by striking “business” and inserting “service”;
in paragraph (1)—
in the paragraph heading, by striking “business” and inserting “service”;
by striking “business” each place such term appears and inserting “service”;
by amending subparagraph (B) to read as follows:
“(B) Amtrak State-supported train services.”
in subparagraph (C), by striking “routes” and inserting “train services”; and
by adding at the end the following:
“(E) Infrastructure access services for use of Amtrak-owned or Amtrak-controlled infrastructure and facilities.”
in paragraph (2)—
in the paragraph heading, by striking “business” and inserting “service”;
by striking “business” each place such term appears and inserting “service”;
in subparagraph (A), by striking “Strategic Plan and 5-year asset plans” and inserting “5-year asset line plans”;
in subparagraph (F) (as redesignated by section 2204(b)(1)), by striking “profit and loss” and inserting “sources and uses”;
by striking subparagraph (G) (as redesignated by section 2204(b)(1));
by redesignating subparagraphs (H) through (M) (as redesignated by section 2204(b)(1)) as subparagraphs (G) through (L), respectively; and
by amending subparagraph (I) (as so redesignated) to read as follows:
“(I) financial performance for each route, if deemed applicable by the Secretary, within each service line, including descriptions of the cash operating loss or contribution;”
in paragraph (3)—
in the paragraph heading, by striking “business” and inserting “service”;
by striking “business” each place such term appears and inserting “service”;
by redesignating subparagraphs (A), (B), (C), and (D) as clauses (i), (ii), (iii), and (iv), respectively, and moving such clauses 2 ems to the right;
by inserting before clause (i), as redesignated, the following:
“(A) not later than 180 days after the date of enactment of the Passenger Rail Expansion and Rail Safety Act of 2021, submit to the Secretary, for approval, a consultation process for the development of each service line plan that requires Amtrak to—”
in subparagraph (A), as amended by clause (iv)—
in clause (iii), as redesignated, by inserting “and submit the final service line plan required under subsection (a)(1) to the State-Supported Route Committee” before the semicolon at the end;
in clause (iv), as redesignated, by inserting “and” after the semicolon at the end; and
by adding at the end the following:
“(v) for the infrastructure access service line plan, consult with the Northeast Corridor Commission and other entities, as appropriate, and submit the final asset line plan under subsection (a)(1) to the Northeast Corridor Commission;”
by redesignating subparagraphs (E) and (F) as subparagraphs (B) and (C), respectively;
by redesignating paragraph (4) as paragraph (5); and
by inserting after paragraph (3)(C), as redesignated, the following:
“(4) 5-year service line plans updates—Amtrak may modify the service line plans described in paragraph (1), upon the approval of the Secretary, if the Secretary determines that such modifications are necessary to improve the transparency, oversight, and delivery of Amtrak services and the use of Federal funds by Amtrak.”
in subsection (c)—
in the subsection heading, by inserting “line” after “asset”;
in paragraph (1)—
in the paragraph heading, by striking “categories” and inserting “lines”;
in the matter preceding subparagraph (A), by striking “asset plan for each of the following asset categories” and inserting “asset line plan for each of the following asset lines”;
by redesignating subparagraphs (A), (B), (C), and (D) as subparagraphs (B), (C), (D), and (E), respectively;
by inserting before subparagraph (B), as redesignated, the following:
“(A) Transportation, including activities and resources associated with the operation and movement of Amtrak trains, onboard services, and amenities.”
in subparagraph (B), as redesignated, by inserting “and maintenance-of-way equipment” after “facilities”; and
in subparagraph (C), as redesignated, by striking “Passenger rail equipment” and inserting “Equipment”;
in paragraph (2)—
in the paragraph heading, by inserting “line” after “asset”;
in the matter preceding subparagraph (A), by inserting “line” after “asset”;
in subparagraph (A), by striking “category” and inserting “line”;
in subparagraph (C)(iii)(III), by striking “and” at the end;
by amending subparagraph (D) to read as follows:
“(D) annual sources and uses statements and forecasts for each asset line; and”
by adding at the end the following:
“(E) other elements that Amtrak elects to include.”
in paragraph (3)—
in the paragraph heading, by inserting “line” after “asset”;
by redesignating subparagraphs (A) and (B) as clauses (i) and (ii) and moving such clauses 2 ems to the right;
by inserting before clause (i), as redesignated, the following:
“(A) not later than 180 days after the date of enactment of the Passenger Rail Expansion and Rail Safety Act of 2021, submit to the Secretary, for approval, a consultation process for the development of each asset line plan that requires Amtrak to—”
in subparagraph (A), as added by clause (iii)—
in clause (i), as redesignated—
by striking “business” each place such term appears and inserting “service”;
by inserting “line” after “asset” each place such term appears; and
by adding “and” at the end; and
in clause (ii), as redesignated—
by inserting “consult with the Secretary of Transportation in the development of asset line plans and,” before “as applicable”; and
by inserting “line” after “5-year asset”;
by redesignating subparagraph (C) as subparagraph (B); and
in subparagraph (B), as redesignated, by striking “category” and inserting “line”;
by redesignating paragraphs (4), (5), (6), and (7) as paragraphs (5), (6), (7), and (8), respectively;
by inserting after paragraph (3) the following:
“(4) 5-year asset line plan updates—Amtrak may modify the asset line plans described in paragraph (1) if the Secretary determines that such modifications are necessary to improve the transparency, oversight, and delivery of Amtrak services and the use of Federal funds by Amtrak.”
in paragraph (5)(A), as redesignated, by inserting “, but shall not include corporate services (as defined pursuant to section 24317(b))” after “national assets”; and
in paragraph (7), as redesignated, by striking “paragraph (4)” and inserting “paragraph (5)”.
Clerical amendment— The analysis for chapter 243 of title 49, United States Code, is amended by striking the item relating to section 24320 and inserting the following:
Effective dates— Section 11203(b) of the Passenger Rail Reform and Investment Act of 2015 (49 U.S.C. 24320 note) is amended—
by striking “business” each place such term appears and inserting “service”; and
by inserting “line” after “asset” each place such term appears.
Sec. 2208 Passenger experience enhancement
In general— 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”.
Food and beverage service working group—
In general— Section 24321 of title 49, United States Code, is amended to read as follows:
“24321. Food and beverage service
“(a) Working group
“(1) Establishment—Not later than 180 days after enactment of the Passenger Rail Expansion and Rail Safety Act of 2021, Amtrak shall establish a working group to provide recommendations to improve Amtrak’s onboard food and beverage service.
“(2) Membership—The working group shall consist of individuals representing—
“(A) Amtrak;
“(B) the labor organizations representing Amtrak employees who prepare or provide on-board food and beverage service;
“(C) nonprofit organizations representing Amtrak passengers; and
“(D) States that are providing funding for State-supported routes.
“(b) Report—Not later than 1 year after the establishment of the working group pursuant to subsection (a), the working group shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives containing recommendations for improving Amtrak’s food and beverage service, including—
“(1) ways to improve the financial performance of Amtrak;
“(2) ways to increase and retain ridership;
“(3) the differing needs of passengers traveling on long-distance routes, State supported routes, and the Northeast Corridor;
“(4) Amtrak passenger survey data about the food and beverages offered on Amtrak trains;
“(5) ways to incorporate local food and beverage items on State-supported routes; and
“(6) any other issue that the working group determines to be appropriate.
“(c) Implementation—Not later than 180 days after the submission of the report pursuant to subsection (b), Amtrak shall submit a plan for implementing the recommendations of the working group, and an explanation for any of the working group’s recommendations it does not agree with and does not plan on implementing to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives.
“(d) Savings clause—Amtrak shall ensure that no Amtrak employee who held a position on a long distance or Northeast Corridor route as of the date of enactment of the Passenger Rail Expansion and Rail Safety Act of 2021, is involuntarily separated because of the development and implementation of the plan required under this section.”
Clerical amendment— The analysis for chapter 243 of title 49, United States Code, is amended by striking the item relating to section 24321 and inserting the following:
Sec. 2209 Amtrak smoking policy
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 this section, Amtrak shall prohibit smoking, including the use of electronic cigarettes, onboard all Amtrak trains.
“(b) 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. 2210 Protecting Amtrak routes through rural communities
Section 24706 of title 49, United States Code, is amended—
in subsection (a), by striking “subsection (b) of this section, at least 180 days” and inserting “subsection (c), not later than 180 days”;
by redesignating subsections (b) and (c) as subsections (c) and (e), respectively;
by inserting after subsection (a) the following:
“(b) Discontinuance or substantial alteration of long-Distance routes—Except as provided in subsection (c), in an emergency, or during maintenance or construction outages impacting Amtrak routes, Amtrak may not discontinue, reduce the frequency of, suspend, or substantially alter the route of rail service on any segment of any long-distance route in any fiscal year in which Amtrak receives adequate Federal funding for such route on the National Network.”
by inserting after subsection (c), as redesignated, the following:
“(d) Congressional notification of discontinuance—Except as provided in subsection (c), not later than 210 days before discontinuing service over a route, Amtrak shall give written notice of such discontinuance to all of the members of Congress representing any State or district in which the discontinuance would occur.”
Sec. 2211 State-Supported Route Committee
State-Supported Route Committee— Section 24712(a) of title 49, United States Code, is amended—
in paragraph (1)—
by striking “Not later than 180 days after the date of enactment of the Passenger Rail Reform and Investment Act of 2015, the Secretary of Transportation shall establish” and inserting “There is established”; and
by inserting “current and future” before “rail operations”;
by redesignating paragraphs (4), (5), and (6) as paragraphs (5), (6), and (7), respectively;
by inserting after paragraph (3) the following:
“(4) Ability to conduct certain business—If all of the members of 1 voting bloc described in paragraph (3) abstain from a Committee decision, agreement between the other 2 voting blocs consistent with the procedures set forth in such paragraph shall be deemed sufficient for purpose of achieving unanimous consent.”
in paragraph (5), as redesignated, in the matter preceding subparagraph (A)—
by striking “convene a meeting and shall define and implement” and inserting “define and periodically update”; and
by striking “not later than 180 days after the date of establishment of the Committee by the Secretary”; and
in paragraph (7), as redesignated—
in the paragraph heading, by striking “allocation methodology” and inserting “methodology policy”;
in subparagraph (A), by striking “allocation methodology” and inserting “methodology policy”;
by amending subparagraph (B) to read as follows:
“(B) Revisions to cost methodology policy
“(i) Requirement to revise and update—Subject to rules and procedures established pursuant to clause (iii), not later than March 31, 2022, the Committee shall revise and update the cost methodology policy required and previously approved under section 209 of the Passenger Rail Investment and Improvement Act of 2008 (49 U.S.C. 20901 note). The Committee shall implement a revised cost methodology policy during fiscal year 2023. Not later than 30 days after the adoption of the revised cost methodology policy, the Committee shall submit a report documenting and explaining any changes to the cost methodology policy and plans for implementation of such policy, including a description of the improvements to the accounting information provided by Amtrak to the States, to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives. The revised cost methodology policy shall ensure that States will be responsible for costs attributable to the provision of service for their routes.
“(ii) Implementation impacts on Federal funding—To the extent that a revision developed pursuant to clause (i) assigns to Amtrak costs that were previously allocated to States, Amtrak shall request with specificity such additional funding in the general and legislative annual report required under section 24315 or in any appropriate subsequent Federal funding request for the fiscal year in which the revised cost methodology policy will be implemented.
“(iii) Procedures for changing methodology—Notwithstanding section 209(b) of the Passenger Rail Investment and Improvement Act of 2008 (49 U.S.C. 20901 note), the rules and procedures implemented pursuant to paragraph (5) shall include—
“(I) procedures for changing the cost methodology policy in accordance with clause (i); and
“(II) procedures or broad guidelines for conducting financial planning, including operating and capital forecasting, reporting, data sharing, and governance.”
in subparagraph (C)—
in the matter preceding clause (i), by striking “allocation methodology” and inserting “methodology policy”;
in clause (i), by striking “and” at the end;
in clause (ii)—
by striking “allocate” and inserting “assign”; and
by striking the period 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) Independent evaluation—Not later than March 31 of each year, the Committee shall ensure that an independent entity selected by the Committee has completed an evaluation to determine whether State payments for the most recently concluded fiscal year are accurate and comply with the applicable cost allocation methodology.”
Invoices and reports— Section 24712(b) of title 49, United States Code, is amended to read as follows:
“(b) Invoices and reports
“(1) Invoices—Amtrak shall provide monthly invoices to the Committee and to each State that sponsors a State-supported route that identify the operating costs for such route, including fixed costs and third-party costs.
“(2) Reports
“(A) In general—The Committee shall determine the frequency and contents of—
“(i) the financial and performance reports that Amtrak is required to provide to the Committee and the States; and
“(ii) the planning and demand reports that the States are required to provide to the Committee and Amtrak.
“(B) Monthly statistical report
“(i) Development—Consistent with the revisions to the policy required under subsection (a)(7)(B), 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.
“(ii) Provision of necessary data—Not later than 30 days after the last day of each month, Amtrak shall provide to the States and to the Committee the necessary data to complete the report developed pursuant to clause (i) for such month.”
Dispute resolution— Section 24712(c) of title 49, United States Code, is amended—
in paragraph (1)—
by striking “(a)(4)” and inserting “(a)(5)”; and
by striking “(a)(6)” and inserting “(a)(7)”; and
in paragraph (4), by inserting “related to a State-supported route that a State sponsors that is” after “amount”.
Performance metrics— Section 24712(e) of title 49, United States Code, is amended 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 at the end.
Statement of goals and objectives— Section 24712(f) of title 49, United States Code, is amended—
in paragraph (1), by inserting “, and review and update, as necessary,” after “shall develop”;
in paragraph (2), by striking “Not later than 2 years after the date of enactment of the Passenger Rail Reform and Investment Act of 2015, the Committee shall transmit the statement” and inserting “As applicable, based on updates, the Committee shall submit an updated statement”; and
by adding at the end the following:
“(3) Sense of Congress—It is the sense of Congress that—
“(A) the Committee shall be the forum where Amtrak and the States collaborate on the planning, improvement, and development of corridor routes across the National Network; and
“(B) such collaboration should include regular consultation with interstate rail compact parties and other regional planning organizations that address passenger rail.”
Other reforms related to State-Supported routes— Section 24712 of title 49, United States Code, as amended by subsections (a) through (e), is further amended—
by redesignating subsections (g) and (h) as subsections (k) and (l), 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—
“(A) the State or States and local municipalities through which such new service would operate;
“(B) commuter authorities and regional transportation authorities in the areas that would be served by the planned route;
“(C) host railroads;
“(D) the Administrator of the Federal Railroad Administration; and
“(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 Passenger Rail Expansion and Rail Safety Act of 2021, Amtrak shall enter into a memorandum of understanding, or otherwise secure an agreement, with each State in which such route will operate for sharing—
“(A) ongoing operating costs and capital costs in accordance with the cost methodology policy referred to in subsection (a)(7) then in effect; or
“(B) ongoing operating costs and capital costs in accordance with the maximum funding limitations described in section 22908(e).
“(3) Application of terms—In this subsection, the terms capital costs and operating costs shall apply in the same manner as such terms apply under the cost methodology policy developed pursuant to subsection (a)(7).
“(h) Cost methodology policy update implementation report—Not later than 18 months after the updated cost methodology policy required under subsection (a)(7)(B) is implemented, the Committee shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives that assesses the implementation of the updated policy.
“(i) Identification of State-Supported route changes—Amtrak shall—
“(1) not later than 120 days before the submission of the general and legislative annual report required under section 24315(b), consult with the Committee and any additional States through which a State-supported route may operate regarding any proposed changes to such route; and
“(2) include in such report an update of any planned or proposed changes to State-supported routes, including the introduction of new State-supported routes, including—
“(A) the timeframe in which such changes would take effect; and
“(B) whether Amtrak has entered into commitments with the affected States pursuant subsection (g)(2).
“(j) Economic analysis—Not later than 3 years after the date of enactment of the Passenger Rail Expansion and Rail Safety Act of 2021, the Committee shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives that—
“(1) describes the role of the State-supported routes in economic development; and
“(2) examines the impacts of the State-supported routes on local station areas, job creation, transportation efficiency, State economies, and the national economy.”
Sec. 2212 Enhancing cross border service
In general— Not later than 1 year after the date of enactment of this Act, Amtrak, after consultation with the Secretary, the Secretary of Homeland Security, relevant State departments of transportation, Canadian governmental agencies and entities, and owners of the relevant rail infrastructure and facilities, shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives regarding enhancing Amtrak passenger rail service between the United States and Canada that—
identifies challenges to Amtrak operations in Canada, including delays associated with custom and immigration inspections in both the United States and Canada; and
includes recommendations to improve such cross border service, including the feasibility of and costs associated with a preclearance facility or facilities.
Assistance and support— The Secretary, the Secretary of State, and the Secretary of Homeland Security may provide assistance and support requested by Amtrak that is necessary to carry out this section, as determined appropriate by the respective Secretary.
Sec. 2213 Creating quality jobs
Section 121 of the Amtrak Reform and Accountability Act of 1997 (49 U.S.C. 24312 note) is amended—
by redesignating subsection (d) as subsection (f); and
by inserting after subsection (c) the following:
“(d) Furloughed work—Amtrak may not contract out work within the classification 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 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—
“(1) supersede a prohibition or limitation on contracting out work covered by an agreement entered into between Amtrak and an organization representing Amtrak employees; or
“(2) prohibit Amtrak and an organization representing Amtrak employees from entering into an agreement that allows for contracting out the work of a furloughed employee that would otherwise be prohibited under subsection (d).”
C Intercity passenger rail policy
Sec. 2301 Northeast Corridor planning
Section 24904 of title 49, United States Code, is amended—
by striking subsections (a) and (d);
by redesignating subsections (b) and (c) as subsections (c) and (d), respectively;
by inserting before subsection (c), as redesignated, the following:
“(a) Northeast Corridor service development plan
“(1) In general—Not later than March 31, 2022, the Northeast Corridor Commission established under section 24905 (referred to in this section as the “Commission”) shall submit a service development plan to Congress.
“(2) Contents—The plan required under paragraph (1) shall—
“(A) identify key state-of-good-repair, capacity expansion, and capital improvement projects planned for the Northeast Corridor;
“(B) provide a coordinated and consensus-based plan covering a 15-year period;
“(C) identify service objectives and the capital investments required to meet such objectives;
“(D) provide a delivery-constrained strategy that identifies—
“(i) capital investment phasing;
“(ii) an evaluation of workforce needs; and
“(iii) strategies for managing resources and mitigating construction impacts on operations; and
“(E) include a financial strategy that identifies funding needs and potential funding sources.
“(3) Updates—The Commission shall update the service development plan not less frequently than once every 5 years.
“(b) Northeast Corridor capital investment plan
“(1) In general—Not later than November 1 of each year, the Commission shall—
“(A) develop an annual capital investment plan for the Northeast Corridor; and
“(B) submit the capital investment plan to—
“(i) the Secretary of Transportation;
“(ii) the Committee on Commerce, Science, and Transportation of the Senate; and
“(iii) the Committee on Transportation and Infrastructure of the House of Representatives.
“(2) Contents—The plan required under paragraph (1) shall—
“(A) reflect coordination across the entire Northeast Corridor;
“(B) integrate the individual capital plans developed by Amtrak, States, and commuter authorities in accordance with the cost allocation policy developed and approved under section 24905(c);
“(C) cover a period of 5 fiscal years, beginning with the fiscal year during which the plan is submitted;
“(D) notwithstanding section 24902(b), document the projects and programs being undertaken to advance the service objectives and capital investments identified in the Northeast Corridor service development plan developed under subsection (a), and the asset condition needs identified in the Northeast Corridor asset management plans, after considering—
“(i) the benefits and costs of capital investments in the plan;
“(ii) project and program readiness;
“(iii) the operational impacts; and
“(iv) Federal and non-Federal funding availability;
“(E) categorize capital projects and programs as primarily associated with 1 of the categories listed under section 24319(c)(2)(C);
“(F) identify capital projects and programs that are associated with more than 1 category described in subparagraph (E); and
“(G) include a financial plan that identifies—
“(i) funding sources and financing methods;
“(ii) the status of cost sharing agreements pursuant to the cost allocation policy developed under section 24905(c);
“(iii) the projects and programs that the Commission expects will receive Federal financial assistance; and
“(iv) the eligible entity or entities that the Commission expects—
“(I) to receive the Federal financial assistance referred to in clause (iii); and
“(II) to implement each capital project.
“(3) Review and coordination—The Commission shall require that the information described in paragraph (2) be submitted in a timely manner to allow for a reasonable period of review by, and coordination with, affected agencies before the Commission submits the capital investment plan pursuant to paragraph (1).”
in subsection (c), as redesignated, by striking “spent only on—” and all that follows and inserting “spent only on capital projects and programs contained in the Commission’s capital investment plan for the prior fiscal year.”; and
by amending subsection (d), as redesignated, to read as follows:
“(d) Northeast Corridor capital asset management system
“(1) In general—Amtrak and other infrastructure owners that provide or support intercity rail passenger transportation along 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).
“(2) Features—The system required under paragraph (1) shall develop submissions that—
“(A) are consistent with the transit asset management system (as defined in section 5326(a)(3)); and
“(B) include—
“(i) an inventory of all capital assets owned by the developer of the plan;
“(ii) an assessment of condition of such capital assets;
“(iii) a description of the resources and processes that will be necessary to bring or to maintain such capital assets in a state of good repair; and
“(iv) a description of changes in the condition of such capital assets since the submission of the prior version of the plan.”
Sec. 2302 Northeast Corridor Commission
Section 24905 of title 49, United States Code, is amended—
in subsection (a)(1)(D), by inserting “authorities” after “carriers”;
in subsection (b)(3)(B)—
in clause (i)—
by inserting “, including ridership trends,” after “transportation”; and
by striking “and” at the end;
in clause (ii)—
by inserting “first year of the” after “the delivery of the”; and
by striking the period at the end and inserting “; and”; and
by adding at the end the following:
“(iii) progress in assessing and eliminating the state-of-good-repair backlog.”
in subsection (c)—
in paragraph (1)—
in the paragraph heading, by striking “Development of policy” and inserting “Policy”;
in subparagraph (A), by striking “develop a standardized policy” and inserting “develop and maintain the standardized policy first approved on September 17, 2015, and update, as appropriate,”;
by amending subparagraph (B) to read as follows:
“(B) develop timetables for implementing and maintaining the policy;”
in subparagraph (C), by striking “the policy and the timetable” and inserting “updates to the policy and timetables”; and
by amending subparagraph (D) to read as follows:
“(D) support the efforts of the members of the Commission to implement the policy in accordance with the timetables developed pursuant to subparagraph (B);”
by amending paragraph (2) to read as follows:
“(2) Implementation
“(A) In general—In accordance with the timetables developed pursuant to paragraph (1)(B), Amtrak and commuter authorities on the Northeast Corridor shall implement the policy developed under paragraph (1) in their agreements for usage of facilities or services.
“(B) Effect of failure to implement or comply with policy—If the entities referred to in subparagraph (A) fail to implement the policy in accordance with paragraph (1)(D) or fail to comply with the policy thereafter, the Surface Transportation Board shall—
“(i) determine the appropriate compensation in accordance with the procedures and procedural schedule applicable to a proceeding under section 24903(c), after taking into consideration the policy developed under paragraph (1); and
“(ii) enforce its determination on the party or parties involved.”
in paragraph (4), by striking “public authorities providing commuter rail passenger transportation” and inserting “commuter authorities”; and
in subsection (d)—
by striking “2016 through 2020” and inserting “2022 through 2026”; and
by striking “section 11101(g) of the Passenger Rail Reform and Investment Act of 2015” and inserting “section 101(e) of the Passenger Rail Expansion and Rail Safety Act of 2021”.
Sec. 2303 Consolidated rail infrastructure and safety improvements
in subsection (b)—
in paragraph (1), by inserting “(including the District of Columbia)” after “State”;
in paragraph (6), by inserting “rail carrier and intercity rail passenger transportation are” before “defined”;
by redesignating paragraphs (8) through (11) as paragraphs (10) through (13), respectively; and
by inserting after paragraph (7) the following:
“(8) An association representing 1 or more railroads described in paragraph (7).”
“(9) A federally recognized Indian Tribe.”
in subsection (c)—
in paragraph (3), by adding “or safety” after “congestion”;
in paragraph (6), by striking “and” and inserting “or”;
by redesignating paragraphs (11) and (12) as paragraphs (12) and (13), respectively;
by inserting after paragraph (10) the following:
“(11) The development and implementation of measures to prevent trespassing and reduce associated injuries and fatalities.”
by inserting after paragraph (13), as redesignated, the following:
“(14) Research, development, and testing to advance and facilitate innovative rail projects, including projects using electromagnetic guideways in an enclosure in a very low-pressure environment.
“(15) The preparation of emergency plans for communities through which hazardous materials are transported by rail.”
in subsection (h), by adding at the end the following:
“(4) Grade crossing and trespassing projects—Applicants may use costs incurred previously for preliminary engineering associated with highway-rail grade crossing improvement projects under subsection (c)(5) and trespassing prevention projects under subsection (c)(11) to satisfy the non-Federal share requirements.”
Rule of construction— The amendments made by subsection (a) may not be construed to affect any grant, including any application for a grant, made under section 22907 of title 49, United States Code, before the date of enactment of this Act.
Technical correction—
In general— Section 22907(l)(1)(A) of title 49, United States Code, is amended by inserting “, including highway construction over rail facilities as an alternative to construction or improvement of a highway-rail grade crossing,” after “under chapter 227”.
Applicability— The amendment made by paragraph (1) shall apply to amounts remaining under section 22907(l) of title 49, United States Code, from appropriations for prior fiscal years.
Sec. 2304 Restoration and enhancement grants
Section 22908 of title 49, United States Code, is amended—
by amending subsection (a) to read as follows:
“(a) Definitions—In this section:
“(1) Applicant—Notwithstanding section 22901(1), the term applicant means—
“(A) a State, including the District of Columbia;
“(B) a group of States;
“(C) an entity implementing an interstate compact;
“(D) a public agency or publicly chartered authority established by 1 or more States;
“(E) a political subdivision of a State;
“(F) a federally recognized Indian Tribe;
“(G) Amtrak or another rail carrier that provides intercity rail passenger transportation;
“(H) any rail carrier in partnership with at least 1 of the entities described in subparagraphs (A) through (F); and
“(I) any combination of the entities described in subparagraphs (A) through (F).
“(2) Operating assistance—The term operating assistance, with respect to any route subject to section 209 of the Passenger Rail Investment and Improvement Act of 2008 (Public Law 110–432), means any cost allocated, or that may be allocated, to a route pursuant to the cost methodology established under such section or under section 24712.”
in subsection (c)(3), by striking “3 years” each place such term appears and inserting “6 years”;
in subsection (d)—
in paragraph (8), by striking “and”;
in paragraph (9), by striking the period at the end and inserting “; and”; and
by adding at the end the following:
“(10) for routes selected under the Corridor Identification and Development Program and operated by Amtrak.”
in subsection (e)—
in paragraph (1)—
by striking “assistance”; and
by striking “3 years” and inserting “6 years (including for any such routes selected for funding before the date of enactment of the Passenger Rail Expansion and Rail Safety Act of 2021)”; and
in paragraph (3), by striking subparagraphs (A), (B), and (C) and inserting the following:
“(A) 90 percent of the projected net operating costs for the first year of service;
“(B) 80 percent of the projected net operating costs for the second year of service;
“(C) 70 percent of the projected net operating costs for the third year of service;
“(D) 60 percent of the projected net operating costs for the fourth year of service;
“(E) 50 percent of the projected net operating costs for the fifth year of service; and
“(F) 30 percent of the projected net operating costs for the sixth year of service.”
Sec. 2305 Railroad Crossing Elimination Program
In general— Chapter 229 of title 49, United States Code, is amended by adding at the end the following:
“22909. Railroad Crossing Elimination Program
“(a) In general—The Secretary of Transportation, in cooperation with the Administrator of the Federal Railroad Administration, shall establish a competitive grant program (referred to in this section as the “Program”) under which the Secretary shall award grants to eligible recipients described in subsection (c) for highway-rail or pathway-rail grade crossing improvement projects that focus on improving the safety and mobility of people and goods.
“(b) Goals—The goals of the Program are—
“(1) to eliminate highway-rail grade crossings that are frequently blocked by trains;
“(2) to improve the health and safety of communities;
“(3) to reduce the impacts that freight movement and railroad operations may have on underserved communities; and
“(4) to improve the mobility of people and goods.
“(c) Eligible recipients—The following entities are eligible to receive a grant under this section:
“(1) A State, including the District of Columbia, Puerto Rico, and other United States territories and possessions.
“(2) A political subdivision of a State.
“(3) A federally recognized Indian Tribe.
“(4) A unit of local government or a group of local governments.
“(5) A public port authority.
“(6) A metropolitan planning organization.
“(7) A group of entities described in any of paragraphs (1) through (6).
“(d) Eligible projects—The Secretary may award a grant under the Program for a highway-rail or pathway-rail grade crossing improvement project (including acquiring real property interests) involving—
“(1) grade separation or closure, including through the use of a bridge, embankment, tunnel, or combination thereof;
“(2) track relocation;
“(3) the improvement or installation of protective devices, signals, signs, or other measures to improve safety, provided that such activities are related to a separation or relocation project described in paragraph (1) or (2);
“(4) other means to improve the safety and mobility of people and goods at highway-rail grade crossings (including technological solutions);
“(5) a group of related projects described in paragraphs (1) through (4) that would collectively improve the mobility of people and goods; or
“(6) the planning, environmental review, and design of an eligible project described in paragraphs (1) through (5).
“(e) Application process
“(1) In general—An eligible entity seeking a grant under the Program shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require.
“(2) Railroad approvals
“(A) In general—Except as provided in subparagraph (B), the Secretary shall require applicants to obtain the necessary approvals from any impacted rail carriers or real property owners before proceeding with the construction of a project funded by a grant under the Program.
“(B) Exception—The requirement under subparagraph (A) shall not apply to planning projects described in subsection (d)(6) if the applicant agrees to work collaboratively with rail carriers and right-of-way owners.
“(f) Project selection criteria
“(1) In general—In awarding grants under the Program, the Secretary shall evaluate the extent to which proposed projects would—
“(A) improve safety at highway-rail or pathway-rail grade crossings;
“(B) grade separate, eliminate, or close highway-rail or pathway-rail grade crossings;
“(C) improve the mobility of people and goods;
“(D) reduce emissions, protect the environment, and provide community benefits, including noise reduction;
“(E) improve access to emergency services;
“(F) provide economic benefits; and
“(G) improve access to communities separated by rail crossings.
“(2) Additional considerations—In awarding grants under the Program, the Secretary shall consider—
“(A) the degree to which the proposed project will use—
“(i) innovative technologies;
“(ii) innovative design and construction techniques; or
“(iii) construction materials that reduce greenhouse gas emissions;
“(B) the applicant’s planned use of contracting incentives to employ local labor, to the extent permissible under Federal law;
“(C) whether the proposed project will improve the mobility of—
“(i) multiple modes of transportation, including ingress and egress from freight facilities; or
“(ii) users of nonvehicular modes of transportation, such as pedestrians, bicyclists, and public transportation;
“(D) whether the proposed project is identified in—
“(i) the freight investment plan component of a State freight plan, as required under section 70202(b)(9);
“(ii) a State rail plan prepared in accordance with chapter 227; or
“(iii) a State highway-rail grade crossing action plan, as required under section 11401(b) of the Passenger Rail Reform and Investment Act of 2015 (title XI of Public Law 114–94); and
“(E) the level of financial support provided by impacted rail carriers.
“(3) Award distribution—In selecting grants for Program funds in any fiscal year, the Secretary shall comply with the following limitations:
“(A) Grant funds—Not less than 20 percent of the grant funds available for the Program in any fiscal year shall be reserved for projects located in rural areas or on Tribal lands. The requirement under section 22907(l), which applies to this section, shall not apply to grant funds reserved specifically under this subsection.
“(B) Planning grants—Not less than 25 percent of the grant funds set aside for planning projects in any fiscal year pursuant to section 2104(b) of the Passenger Rail Expansion and Rail Safety Act of 2021 shall be awarded for projects located in rural areas or on tribal lands.
“(C) State limitation—Not more than 20 percent of the grant funds available for the Program in any fiscal year may be selected for projects in any single State.
“(D) Minimum size—No grant awarded under this section shall be for less than $1,000,000, except for a planning grant described in subsection (d)(6).
“(g) Cost share—Except as provided in paragraph (2), the Federal share of the cost of a project carried out using a grant under the Program may not exceed 80 percent of the total cost of the project. Applicants may count costs incurred for preliminary engineering associated with highway-rail and pathway-rail grade crossing improvement projects as part of the total project costs.
“(h) Congressional notification—Not later than 3 days before awarding a grant for a project under the Program, the Secretary shall submit written notification of the proposed grant to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives, which shall include—
“(1) a summary of the project; and
“(2) the amount of the proposed grant award.
“(i) Annual report—Not later than 60 days after each round of award notifications, the Secretary shall post, on the public website of the Department of Transportation—
“(1) a list of all eligible applicants that submitted an application for funding under the Program during the current fiscal year;
“(2) a list of the grant recipients and projects that received grant funding under the Program during such fiscal year; and
“(3) a list of the proposed projects and applicants that were determined to be ineligible.
“(j) Defined term—In this section, the term rural area means any area that is not within an area designated as an urbanized area by the Bureau of the Census.”
Clerical amendment— The analysis for chapter 229 of title 49, United States Code, is amended by adding at the end the following:
Sec. 2306 Interstate rail compacts
In general— Chapter 229 of title 49, United States Code (as amended by section 2305(a)), is further amended by adding at the end the following:
“22910. Interstate Rail Compacts Grant Program
“(a) Grants authorized—The Secretary of Transportation shall establish a competitive grant program to provide financial assistance to entities implementing interstate rail compacts pursuant to section 410 of the Amtrak Reform and Accountability Act of 1997 (49 U.S.C. 24101 note) for—
“(1) costs of administration;
“(2) systems planning, including studying the impacts on freight rail operations and ridership;
“(3) promotion of intercity passenger rail operation;
“(4) preparation of applications for competitive Federal grant programs; and
“(5) operations coordination.
“(b) Maximum amount—The Secretary may not award a grant under this section in an amount exceeding $1,000,000 per year.
“(c) Selection criteria—In selecting a recipient of a grant for an eligible project under this section, the Secretary shall consider—
“(1) the amount of funding received (including funding from a rail carrier (as defined in section 24102) or other participation by State, local, and regional governments and the private sector;
“(2) the applicant’s work to foster economic development through rail service, particularly in rural communities;
“(3) whether the applicant seeks to restore service over routes formerly operated by Amtrak, including routes described in section 11304(a) of the Passenger Rail Reform and Investment Act of 2015 (title XI of division A of Public Law 114–94);
“(4) the applicant’s dedication to providing intercity passenger rail service to regions and communities that are underserved or not served by other intercity public transportation;
“(5) whether the applicant is enhancing connectivity and geographic coverage of the existing national network of intercity passenger rail service;
“(6) whether the applicant prepares regional rail or corridor service development plans and corresponding environmental analysis; and
“(7) whether the applicant has engaged with appropriate government entities and transportation providers to identify projects necessary to enhance multimodal connections or facilitate service integration between rail service and other modes, including between intercity passenger rail service and intercity bus service or commercial air service.
“(d) Numerical limitation—The Secretary may not award grants under this section for more than 10 interstate rail compacts in any fiscal year.
“(e) Operator limitation—The Secretary may only award grants under this section to applicants with eligible expenses related to intercity passenger rail service to be operated by Amtrak.
“(f) Non-Federal match—The Secretary shall require each recipient of a grant under this section to provide a non-Federal match of not less than 50 percent of the eligible expenses of carrying out the interstate rail compact under this section.
“(g) Report—Not later than 3 years after the date of enactment of the Passenger Rail Expansion and Rail Safety Act of 2021, the Secretary, after consultation with grant recipients under this section, shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives that describes—
“(1) the implementation of this section;
“(2) the status of the planning efforts and coordination funded by grants awarded under this section;
“(3) the plans of grant recipients for continued implementation of the interstate rail compacts;
“(4) the status of, and data regarding, any new, restored, or enhanced rail services initiated under the interstate rail compacts; and
“(5) any legislative recommendations.”
Clerical amendment— The analysis for chapter 229 of title 49, United States Code (as amended by section 2305(b)), is amended by adding at the end the following:
Identification— Section 410 of the Amtrak Reform and Accountability Act of 1997 (Public Law 105–134; 49 U.S.C. 24101 note) is amended—
in subsection (b)(2), by striking “(except funds made available for Amtrak)”; and
by adding at the end the following:
“(c) Notification requirement—Any State that enters into an interstate compact pursuant to subsection (a) shall notify the Secretary of Transportation of such compact not later than 60 days after it is formed. The failure of any State to notify the Secretary under this subsection shall not affect the status of the interstate compact.
“(d) Interstate rail compacts program—The Secretary of Transportation shall—
“(1) make available on a publicly accessible website a list of interstate rail compacts established under subsection (a) before the date of enactment of the Passenger Rail Expansion and Rail Safety Act of 2021 and interstate rail compacts established after such date; and
“(2) make information regarding interstate rail compacts available to the public, including how States may establish interstate rail compacts under subsection (a), and update such information, as necessary.”
Sec. 2307 Federal-State partnership for intercity passenger rail grants
in the section heading, by striking “for state of good repair” and inserting “for intercity passenger rail”;
in subsection (a)—
in paragraph (1)—
in subparagraph (F), by striking “or” at the end;
by redesignating subsection (G) as subsection (H);
by inserting after subparagraph (F), the following:
“(G) A federally recognized Indian Tribe; or”
in subsection (H), as redesignated, by striking “(F)” and inserting “(G)”;
by striking paragraphs (2) and (5); and
by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively;
in subsection (b), by striking “with respect to qualified railroad assets” and inserting “, improve performance, or expand or establish new intercity passenger rail service, including privately operated intercity passenger rail service if an eligible applicant is involved;”;
by striking subsections (c) through (e) and inserting the following:
“(c) Eligible projects—The following capital projects, including acquisition of real property interests, are eligible to receive grants under this section:
“(1) A project to replace, rehabilitate, or repair infrastructure, equipment, or a facility used for providing intercity passenger rail service to bring such assets into a state of good repair.
“(2) A project to improve intercity passenger rail service performance, including reduced trip times, increased train frequencies, higher operating speeds, improved reliability, expanded capacity, reduced congestion, electrification, and other improvements, as determined by the Secretary.
“(3) A project to expand or establish new intercity passenger rail service.
“(4) A group of related projects described in paragraphs (1) through (3).
“(5) The planning, environmental studies, and final design for a project or group of projects described in paragraphs (1) through (4).
“(d) Project selection criteria—In selecting a project for funding under this section—
“(1) for projects located on the Northeast Corridor, the Secretary shall—
“(A) make selections consistent with the Northeast Corridor Project Inventory published pursuant to subsection (e)(1), unless when necessary to address materially changed infrastructure or service conditions, changes in project sponsor capabilities or commitments, or other significant changes since the completion of the most recently issued Northeast Corridor Project Inventory; and
“(B) for projects that benefit intercity and commuter rail services, only make such selections when Amtrak and the public authorities providing commuter rail passenger transportation at the eligible project location—
“(i) are in compliance with section 24905(c)(2);
“(ii) have identified the intercity passenger rail share of the eligible project; and
“(iii) identify funding for the commuter rail share of the non-Federal share of the project before the commencement of the project;
“(2) for projects not located on the Northeast Corridor, the Secretary shall—
“(A) give preference to eligible projects—
“(i) for which Amtrak is not the sole applicant;
“(ii) that improve the financial performance reliability, service frequency, or address the state of good repair of an Amtrak route; and
“(iii) that are identified in, and consistent with, a corridor inventory prepared under the Corridor Identification and Development Program pursuant to section 25101; and
“(B) take into account—
“(i) the cost-benefit analysis of the proposed project, including anticipated private and public benefits relative to the costs of the proposed project, including—
“(I) effects on system and service performance, including as measured by applicable metrics set forth in part 273 of title 49, Code of Federal Regulations;
“(II) effects on safety, competitiveness, reliability, trip or transit time, greenhouse gas emissions, and resilience;
“(III) efficiencies from improved connections with other modes; and
“(IV) ability to meet existing or anticipated demand;
“(ii) the degree to which the proposed project’s business plan considers potential private sector participation in the financing, construction, or operation of the proposed project;
“(iii) the applicant’s past performance in developing and delivering similar projects, and previous financial contributions;
“(iv) whether the applicant has, or will have—
“(I) the legal, financial, and technical capacity to carry out the project;
“(II) satisfactory continuing access to the equipment or facilities; and
“(III) the capability and willingness to maintain the equipment or facilities;
“(v) if applicable, the consistency of the project with planning guidance and documents set forth by the Secretary or otherwise required by law; and
“(vi) any other relevant factors, as determined by the Secretary; and
“(3) the Secretary shall reserve—
“(A) not less than 45 percent of the amounts appropriated for grants under this section for projects not located along the Northeast Corridor, of which not less than 20 percent shall be for projects that benefit (in whole or in part) a long-distance route; and
“(B) not less than 45 percent of the amounts appropriated for grants under this section for projects listed on the Northeast Corridor project inventory published pursuant to subsection (e)(1).
“(e) Long-Term planning—Not later than 1 year after the date of enactment of the Passenger Rail Expansion and Rail Safety Act of 2021, and every 2 years thereafter, the Secretary shall create a predictable project pipeline that will assist Amtrak, States, and the public with long-term capital planning by publishing a Northeast Corridor project inventory that—
“(1) identifies capital projects for Federal investment, project applicants, and proposed Federal funding levels under this section;
“(2) specifies the order in which the Secretary will provide grant funding to projects that have identified sponsors and are located along the Northeast Corridor, including a method and plan for apportioning funds to project sponsors for the 2-year period, which may be altered by the Secretary, as necessary, if recipients are not carrying out projects in accordance with the anticipated schedule;
“(3) takes into consideration the appropriate sequence and phasing of projects described in the Northeast Corridor capital investment plan developed pursuant to section 24904(a);
“(4) is consistent with the most recent Northeast Corridor service development plan update described in section 24904(d);
“(5) takes into consideration the existing commitments and anticipated Federal, project applicant, sponsor, and other relevant funding levels for the next 5 fiscal years based on information currently available to the Secretary; and
“(6) is developed in consultation with the Northeast Corridor Commission and the owners of Northeast Corridor infrastructure and facilities.”
in subsection (f)(2), by inserting “, except as specified under paragraph (4)” after “80 percent”;
in subsection (g)—
in the subsection heading, by inserting “; phased funding agreements” after “intent”;
in paragraph (1)—
in the paragraph heading, by striking “In general” and inserting “Letters of intent”; and
by striking “shall, to the maximum extent practicable,” and inserting “may”;
by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively;
by inserting after paragraph (1) the following:
“(2) Phased funding agreements
“(A) In general—The Secretary may enter into a phased funding agreement with an applicant if—
“(i) the project is highly rated, based on the evaluations and ratings conducted pursuant to this section and the applicable notice of funding opportunity; and
“(ii) the Federal assistance to be provided for the project under this section is more than $80,000,000.
“(B) Terms—A phased funding agreement shall—
“(i) establish the terms of participation by the Federal Government in the project;
“(ii) establish the maximum amount of Federal financial assistance for the project;
“(iii) include the period of time for completing the project, even if such period extends beyond the period for which Federal financial assistance is authorized;
“(iv) make timely and efficient management of the project easier in accordance with Federal law; and
“(v) if applicable, specify when the process for complying with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and related environmental laws will be completed for the project.
“(C) Special financial rules
“(i) In general—A phased funding agreement under this paragraph obligates an amount of available budget authority specified in law and may include a commitment, contingent on amounts to be specified in law in advance for commitments under this paragraph, to obligate an additional amount from future available budget authority specified in law.
“(ii) Statement of contingent commitment—The agreement shall state that the contingent commitment is not an obligation of the Government.
“(iii) Interest and other financing costs—Interest and other financing costs of efficiently carrying out a part of the project within a reasonable time are a cost of carrying out the project under a phased funding agreement, except that eligible costs may not be more than the cost of the most favorable financing terms reasonably available for the project at the time of borrowing. The applicant shall certify, to the satisfaction of the Secretary, that the applicant has shown reasonable diligence in seeking the most favorable financing terms.
“(iv) Failure to carry out project—If an applicant does not carry out the project for reasons within the control of the applicant, the applicant shall repay all Federal grant funds awarded for the project from all Federal funding sources, for all project activities, facilities, and equipment, plus reasonable interest and penalty charges allowable by law or established by the Secretary in the phased funding agreement. For purposes of this clause, a process for complying with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) that results in the selection of the no build alternative is not within the applicant’s control.
“(v) Crediting of funds received—Any funds received by the Government under this paragraph, except for interest and penalty charges, shall be credited to the appropriation account from which the funds were originally derived.”
in paragraph (3), as redesignated—
in subparagraph (A), in the matter preceding clause (i), by inserting “a phased funding agreement under paragraph (2) or” after “issuing”; and
in subparagraph (B)(i), by inserting “the phased funding agreement or” after “a copy of”; and
in paragraph (4), as redesignated—
by striking “An obligation” and inserting the following:
“(B) Appropriations required—An obligation”
by inserting before subparagraph (B), as added by clause (i), the following:
“(A) In general—The Secretary may enter into phased funding agreements under this subsection that contain contingent commitments to incur obligations in such amounts as the Secretary determines are appropriate.”
by adding at the end the following:
“(j) Annual report on phased funding agreements and letters of intent—Not later than the first Monday in February of each year, the Secretary shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Appropriations of the Senate, the Committee on Transportation and Infrastructure of the House of Representatives, and the Committee on Appropriations of the House of Representatives that includes—
“(1) a proposal for the allocation of amounts to be available to finance grants for projects under this section among applicants for such amounts;
“(2) evaluations and ratings, as applicable, for each project that has received a phased funding agreement or a letter of intent; and
“(3) recommendations for each project that has received a phased funding agreement or a letter of intent for funding based on the evaluations and ratings, as applicable, and on existing commitments and anticipated funding levels for the next 3 fiscal years based on information currently available to the Secretary.
“(k) Regional planning guidance corridor planning—The Secretary may withhold up to 5 percent of the total amount made available to carry out this section to carry out planning and development activities related to section 25101, including—
“(1) providing funding to public entities for the development of corridor development plans selected under the Corridor Identification and Development Program;
“(2) facilitating and providing guidance for intercity passenger rail systems planning;
“(3) providing funding for the development and refinement of intercity passenger rail systems planning analytical tools and models; and
“(4) providing funding to public entities for the development of corridor development plans selected under the Corridor Identification and Development Program.”
Clerical amendment— The analysis for chapter 249 of title 49, United States Code, is amended by striking the item relating to section 24911 and inserting the following:
Sec. 2308 Corridor Identification and Development Program
In general— Part C of subtitle V of title 49, United States Code, is amended by adding at the end the following:
“251 Passenger rail planning
“25101. Corridor Identification and Development Program
“(a) In general—Not later than 180 days after the date of enactment of the Passenger Rail Expansion and Rail Safety Act of 2021, the Secretary of Transportation shall establish a program to facilitate the development of intercity passenger rail corridors. The program shall include—
“(1) a process for eligible entities described in subsection (b) to submit proposals for the development of intercity passenger rail corridors;
“(2) a process for the Secretary to review and select proposals in accordance with subsection (c);
“(3) criteria for determining the level of readiness for Federal financial assistance of an intercity passenger rail corridor, which shall include—
“(A) identification of a service operator which may include Amtrak or private rail carriers;
“(B) identification of a service sponsor or sponsors;
“(C) identification capital project sponsors;
“(D) engagement with the host railroads; and
“(E) other criteria as determined appropriate by the Secretary;
“(4) a process for preparing service development plans in accordance with subsection (d), including the identification of planning funds, such as funds made available under section 24911(k) and interstate rail compact grants established under section 22210;
“(5) the creation of a pipeline of intercity passenger rail corridor projects under subsection (g);
“(6) planning guidance to achieve the purposes of this section, including guidance for intercity passenger rail corridors not selected under this section; and
“(7) such other features as the Secretary considers relevant to the successful development of intercity passenger rail corridors.
“(b) Eligible entities—The Secretary may receive proposals under this section from Amtrak, States, groups of States, entities implementing interstate compacts, regional passenger rail authorities, regional planning organizations, political subdivisions of a State, federally recognized Indian Tribes, and other public entities, as determined by the Secretary.
“(c) Corridor selection—In selecting intercity passenger rail corridors pursuant to subsection (a), the Secretary shall consider—
“(1) whether the route was identified as part of a regional or interregional intercity passenger rail systems planning study;
“(2) projected ridership, revenues, capital investment, and operating funding requirements;
“(3) anticipated environmental, congestion mitigation, and other public benefits;
“(4) projected trip times and their competitiveness with other transportation modes;
“(5) anticipated positive economic and employment impacts, including development in the areas near passenger stations, historic districts, or other opportunity zones;
“(6) committed or anticipated State, regional transportation authority, or other non-Federal funding for operating and capital costs;
“(7) benefits to rural communities;
“(8) whether the corridor is included in a State’s approved State rail plan developed pursuant to chapter 227;
“(9) whether the corridor serves historically unserved or underserved and low-income communities or areas of persistent poverty;
“(10) whether the corridor would benefit or improve connectivity with existing or planned transportation services of other modes;
“(11) whether the corridor connects at least 2 of the 100 most populated metropolitan areas;
“(12) whether the corridor would enhance the regional equity and geographic diversity of intercity passenger rail service;
“(13) whether the corridor is or would be integrated into the national rail passenger transportation system and whether the corridor would create benefits for other passenger rail routes and services; and
“(14) whether a passenger rail operator, including a private rail carrier, has expressed support for the corridor.
“(d) Service development plans—For each corridor proposal selected for development under this section, the Secretary shall partner with the entity that submitted the proposal and relevant States to prepare a service development plan (or to update an existing service development plan), which shall include—
“(1) a detailed description of the proposed intercity passenger rail service, including train frequencies, peak and average operating speeds, and trip times;
“(2) a corridor project inventory that—
“(A) identifies the capital projects necessary to achieve the proposed intercity passenger rail service, including—
“(i) the capital projects for which Federal investment will be sought;
“(ii) the likely project applicants; and
“(iii) the proposed Federal funding levels;
“(B) specifies the order in which Federal funding will be sought for the capital projects identified under subparagraph (A), after considering the appropriate sequence and phasing of projects based on the anticipated availability of funds; and
“(C) is developed in consultation with the entities listed in subsection (e);
“(3) a schedule and any associated phasing of projects and related service initiation or changes;
“(4) project sponsors and other entities expected to participate in carrying out the plan;
“(5) a description of how the corridor would comply with Federal rail safety and security laws, orders, and regulations;
“(6) the locations of existing and proposed stations;
“(7) the needs for rolling stock and other equipment;
“(8) a financial plan identifying projected—
“(A) annual revenues;
“(B) annual ridership;
“(C) capital investments before service could be initiated;
“(D) capital investments required to maintain service;
“(E) annual operating and costs; and
“(F) sources of capital investment and operating financial support;
“(9) a description of how the corridor would contribute to the development of a multi-State regional network of intercity passenger rail;
“(10) an intermodal plan describing how the new or improved corridor facilitates travel connections with other passenger transportation services;
“(11) a description of the anticipated environmental benefits of the corridor; and
“(12) a description of the corridor’s impacts on highway and aviation congestion, energy consumption, land use, and economic development in the service area.
“(e) Consultation—In partnering on the preparation of a service development plan under subsection (d), the Secretary shall consult with—
“(1) Amtrak;
“(2) appropriate State and regional transportation authorities and local officials;
“(3) representatives of employee labor organizations representing railroad and other appropriate employees;
“(4) host railroads for the proposed corridor; and
“(5) other stakeholders, as determined by the Secretary.
“(f) Updates—If at least 40 percent of the work to implement a service development plan prepared under subsection (d) has not yet been completed, the plan’s sponsor, in consultation with the Secretary, shall determine whether such plan should be updated.
“(g) Project pipeline—Not later than 1 year after the establishment of the program under this section, and by February 1st of each year thereafter, the Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Appropriations of the Senate, and the Committee on Transportation and Infrastructure of the House of Representatives, and the Committee on Appropriations of the House of Representatives a project pipeline, in accordance with this section, that—
“(1) identifies intercity passenger rail corridors selected for development under this section;
“(2) identifies capital projects for Federal investment, project applicants, and proposed Federal funding levels, as applicable, consistent with the corridor project inventory;
“(3) specifies the order in which the Secretary would provide Federal financial assistance, subject to the availability of funds, to projects that have identified sponsors, including a method and plan for apportioning funds to project sponsors for a 5-year period, which may be altered by the Secretary, as necessary, if recipients are not carrying out projects on the anticipated schedule;
“(4) takes into consideration the appropriate sequence and phasing of projects described in the corridor project inventory;
“(5) takes into consideration the existing commitments and anticipated Federal, project applicant, sponsor, and other relevant funding levels for the next 5 fiscal years based on information currently available to the Secretary;
“(6) is prioritized based on the level of readiness of the corridor; and
“(7) reflects consultation with Amtrak.
“(h) Definition—In this section, the term intercity passenger rail corridor means—
“(1) a new intercity passenger rail route of less than 750 miles;
“(2) the enhancement of an existing intercity passenger rail route of less than 750 miles;
“(3) the restoration of service over all or portions of an intercity passenger rail route formerly operated by Amtrak; or
“(4) the increase of service frequency of a long-distance intercity passenger rail route.”
Clerical amendment— The table of chapters for subtitle V of title 49, United States Code, is amended by inserting after the item relating to chapter 249 the following:
Sec. 2309 Surface Transportation Board Passenger Rail Program
Sec. 2310 Railroad rights-of-way
Review— The Comptroller General of the United States shall—
conduct a review of the exemption for railroad rights-of-way under section 306108 of title 54, United States Code, to determine whether and to what extent the exemption streamlines compliance with such section; and
quantify the efficiencies achieved by such exemption and the remaining inefficiencies.
Consultation— In conducting the review pursuant to subsection (a), the Comptroller General shall consult with the Secretary, the Advisory Council on Historic Preservation, the National Conference of State Historic Preservation Officers, the National Association of Tribal Historic Preservation Officers, the Department of the Interior, and representatives of the railroad industry.
Recommendations— Not later than 1 year after the date of enactment of this Act, the Comptroller General shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives that—
describes the results of the review conducted pursuant to subsection (a); and
includes recommendations for any regulatory or legislative amendments that may further streamline compliance with the requirements under section 306108 of title 54, United States Code, in a manner that is consistent with railroad safety and the policies and purposes of such section, including recommendations regarding—
the property based exemption; and
ways to improve the process, while ensuring that historical properties remain protected under such section.
Report to Congress— Not later than 180 days after date of enactment of this Act, the Secretary and the Advisory Council on Historic Preservation shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives that addresses—
the recommendations received from the Comptroller General pursuant to subsection (c)(2); and
the actions that the Secretary will take to implement such recommendations.
D Rail safety
Sec. 2401 Railway-highway crossings program evaluation
In general— The Secretary shall evaluate the requirements of the railway-highway crossings program authorized under section 130 of title 23, United States Code, to determine whether—
the requirements of the program provide States sufficient flexibility to adequately address current and emerging highway-rail grade crossing safety issues;
the structure of the program provides sufficient incentives and resources to States and local agencies to make changes at highway-rail grade crossings that are most effective at reducing deaths and injuries;
there are appropriate tools and resources to support States in using data driven programs to determine the most cost-effective use of program funds; and
any statutory changes are recommended to improve the effectiveness of the program.
Report— Not later than 1 year after the date of enactment of this Act, the Secretary shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Environment and Public Works of the Senate, and the Committee on Transportation and Infrastructure of the House of Representatives that summarizes and describes the results of the evaluation conducted pursuant to subsection (a), including any recommended statutory changes.
Sec. 2402 Grade crossing accident prediction model
Not later than 2 years after the date of enactment of this Act, the Administrator of the Federal Railroad Administration shall—
update the grade crossing accident prediction and severity model used by the Federal Railroad Administration to analyze accident risk at highway-rail grade crossings; and
provide training on the use of the updated grade crossing accident prediction and severity model.
Sec. 2403 Periodic updates to highway-rail crossing reports and plans
Highway-Rail grade crossing safety— Section 11401 of the Fixing America’s Surface Transportation Act (Public Law 114–94; 49 U.S.C. 22907 note) is amended—
by striking subsection (c); and
by redesignating subsections (d) and (e) as subsections (c) and (d), respectively.
Reports on highway-Rail grade crossing safety—
In general— Chapter 201 of title 49, United States Code, is amended by inserting after section 20166 the following:
“20167. Reports on highway-rail grade crossing safety
“(a) Report—Not later than 4 years after the date by which States are required to submit State highway-rail grade crossing action plans under section 11401(b) of the Fixing America’s Surface Transportation Act (49 U.S.C. 22907 note), the Administrator of the Federal Railroad Administration, in consultation with the Administrator of the Federal Highway Administration, shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives that summarizes the State highway-rail grade crossing action plans, including—
“(1) an analysis and evaluation of each State railway-highway crossings program under section 130 of title 23, including—
“(A) compliance with section 11401 of the Fixing America’s Surface Transportation Act and section 130(g) of title 23; and
“(B) the specific strategies identified by each State to improve safety at highway-rail grade crossings, including crossings with multiple accidents or incidents;
“(2) the progress of each State in implementing its State highway-rail grade crossings action plan;
“(3) the number of highway-rail grade crossing projects undertaken pursuant to section 130 of title 23, including the distribution of such projects by cost range, road system, nature of treatment, and subsequent accident experience at improved locations;
“(4) which States are not in compliance with their schedule of projects under section 130(d) of title 23; and
“(5) any recommendations for future implementation of the railway-highway crossings program under section 130 of title 23.
“(b) Updates—Not later than 5 years after the submission of the report required under subsection (a), the Administrator of the Federal Railroad Administration, in consultation with the Administrator of the Federal Highway Administration, shall—
“(1) update the report based on the State annual reports submitted pursuant to section 130(g) of title 23 and any other information obtained by or available to the Administrator of the Federal Railroad Administration; and
“(2) submit the updated report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives.
“(c) Definitions—In this section:
“(1) Highway-rail grade crossing—The term highway-rail grade crossing means a location within a State, other than a location at which 1 or more railroad tracks cross 1 or more railroad tracks at grade, at which—
“(A) a public highway, road, or street, or a private roadway, including associated sidewalks and pathways, crosses 1 or more railroad tracks, either at grade or grade-separated; or
“(B) a pathway explicitly authorized by a public authority or a railroad carrier that—
“(i) is dedicated for the use of nonvehicular traffic, including pedestrians, bicyclists, and others;
“(ii) is not associated with a public highway, road, or street, or a private roadway; and
“(iii) crosses 1 or more railroad tracks, either at grade or grade-separated.
“(2) State—The term State means a State of the United States or the District of Columbia.”
Clerical amendment— The analysis for chapter 201 of title 49, United States Code, is amended by inserting after the item relating to section 20166 the following:
Annual report— Section 130(g) of title 23, United States Code, is amended to read as follows:
“(g) Annual report
“(1) In general—Not later than August 31 of each year, each State shall submit a report to the Administrator of the Federal Highway Administration that describes—
“(A) the progress being made to implement the railway-highway crossings program authorized under this section; and
“(B) the effectiveness of the improvements made as a result of such implementation.
“(2) Contents—Each report submitted pursuant to paragraph (1) shall contain an assessment of—
“(A) the costs of the various treatments employed by the State to implement the railway-highway crossings program; and
“(B) the effectiveness of such treatments, as measured by the accident experience at the locations that received such treatments.
“(3) Coordination—Not later than 30 days after the Federal Highway Administration’s acceptance of each report submitted pursuant to paragraph (1), the Administrator of the Federal Highway Administration shall make such report available to the Administrator of the Federal Railroad Administration.”
Sec. 2404 Blocked crossing portal
In general— The Administrator of the Federal Railroad Administration shall establish a 3-year blocked crossing portal, which shall include the maintenance of the portal and corresponding database to receive, store, and retrieve information regarding blocked highway-rail grade crossings.
Blocked crossing portal— The Administrator of the Federal Railroad Administration shall establish a blocked crossing portal that—
collects information from the public, including first responders, regarding blocked highway-rail grade crossing events;
solicits the apparent cause of the blocked crossing and provides examples of common causes of blocked crossings, such as idling trains or instances when lights or gates are activated when no train is present;
provides each complainant with the contact information for reporting a blocked crossing to the relevant railroad; and
encourages each complainant to report the blocked crossing to the relevant railroad.
Complaints— The blocked crossing portal shall be programmed to receive complaints from the general public about blocked highway-rail grade crossings. Any complaint reported through the portal shall indicate whether the complainant also reported the blocked crossing to the relevant railroad.
Information received— In reviewing complaints received pursuant to subsection (c), the Federal Railroad Administration shall review, to the extent practicable, the information received from the complainant to account for duplicative or erroneous reporting.
Use of information— The information received and maintained in the blocked crossing portal database shall be used by the Federal Railroad Administration—
to identify frequent and long-duration blocked highway-rail grade crossings;
as a basis for conducting outreach to communities, emergency responders, and railroads;
to support collaboration in the prevention of incidents at highway-rail grade crossings; and
to assess the impacts of blocked crossings.
Sharing information received—
In general— The Administrator of the Federal Railroad Administration shall implement and make publicly available procedures for sharing any nonaggregated information received through the blocked crossing portal with the public.
Rule of construction— Nothing in this section may be construed to authorize the Federal Railroad Administration to make publically available sensitive security information.
Additional information— If the information submitted to the blocked crossing portal is insufficient to determine the locations and potential impacts of blocked highway-rail grade crossings, the Federal Railroad Administration may collect, from the general public, State and local law enforcement personnel, and others as appropriate, such additional information as may be necessary to make such determinations.
Limitations— Complaints, data, and other information received through the blocked crossing portal may not be used—
to infer or extrapolate the rate or instances of crossings beyond the data received through the portal; or
for any regulatory or enforcement purposes except those specifically described in this section.
Reports—
Annual public report— The Administrator of the Federal Railroad Administration shall publish an annual report on a public website regarding the blocked crossing program, including the underlying causes of blocked crossings, program challenges, and other findings.
Report to Congress— Not later than 1 year after the date of enactment of this Act, the Administrator of the Federal Railroad Administration shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives that describes—
based on the information received through the blocked crossing portal, frequent and long-duration blocked highway-rail grade crossings, including the locations, dates, durations, and impacts resulting from such occurrences;
the Federal Railroad Administration’s process for verifying the accuracy of the complaints submitted to the blocked crossing portal, including whether the portal continues to be effective in collecting such information and identifying blocked crossings;
the Federal Railroad Administration’s use of the data compiled by the blocked crossing portal to assess the underlying cause and overall impacts of blocked crossings;
the engagement of the Federal Railroad Administration with affected parties to identify and facilitate solutions to frequent and long-duration blocked highway-rail grade crossings identified by the blocked crossing portal; and
whether the blocked crossing portal continues to be an effective method to collect blocked crossing information and what changes could improve its effectiveness.
Sunset— This section (other than subsection (k)) shall have no force or effect beginning on the date that is 3 years after the date of enactment of this Act.
Rule of construction— Nothing in this section may be construed to invalidate any authority of the Secretary with respect to blocked highway-rail grade crossings. The Secretary may continue to use any such authority after the sunset date set forth in subsection (j).
Sec. 2405 Data accessibility
Review— Not later than 180 days after the date of enactment of this Act, the Chief Information Officer of the Department shall—
conduct a review of the website of the Office of Safety Analysis of the Federal Railroad Administration; and
provide recommendations to the Secretary for improving the public’s usability and accessibility of the website referred to in paragraph (1).
Updates— Not later than 1 year after receiving recommendations from the Chief Information Officer pursuant to subsection (a)(2), the Secretary, after considering such recommendations, shall update the website of the Office of Safety Analysis of the Federal Railroad Administration to improve the usability and accessibility of the website.
Sec. 2406 Emergency lighting
Not later than 1 year after the date of enactment of this Act, the Secretary shall initiate a rulemaking to require that all rail carriers providing intercity passenger rail transportation or commuter rail passenger transportation (as such terms are defined in section 24102 of title 49, United States Code), develop and implement periodic inspection plans to ensure that passenger equipment offered for revenue service complies with the requirements under part 238 of title 49, Code of Federal Regulations, including ensuring that, in the event of a loss of power, there is adequate emergency lighting available to allow passengers, crew members, and first responders—
to see and orient themselves;
to identify obstacles;
to safely move throughout the rail car; and
to evacuate safely.
Sec. 2407 Comprehensive rail safety review of Amtrak
Comprehensive safety assessment— Not later than 1 year after the date of enactment of this Act, the Secretary shall—
conduct a focused review of Amtrak’s safety-related processes and procedures, compliance with safety regulations and requirements, and overall safety culture; and
submit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives that includes the findings and recommendations resulting from such assessment.
Plan—
Initial plan— Not later than 6 months after the completion of the comprehensive safety assessment under subsection (a)(1), Amtrak shall submit a plan to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives for addressing the findings and recommendations raised in the comprehensive safety assessment.
Annual updates— Amtrak shall submit annual updates of its progress toward implementing the plan submitted pursuant to paragraph (1) to the committees listed in such paragraph.
Sec. 2408 Completion of hours of service and fatigue studies
In general— Not later than 90 days after the date of enactment of this Act, the Administrator of the Federal Railroad Administration shall commence the pilot programs required under subparagraphs (A) and (B) of section 21109(e)(1) of title 49, United States Code.
Consultation— The Federal Railroad Administration shall consult with the class or craft of employees impacted by the pilot projects, including railroad carriers, and representatives of labor organizations representing the impacted employees when designing and conducting the pilot programs referred to in subsection (a).
Report— If the pilot programs required under section 21109(e)(1) of title 49, United States Code, have not commenced on the date that is 1 year and 120 days after the date of enactment of this Act, the Secretary, not later than 30 days after such date, submit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives that describes—
the status of such pilot programs;
actions that the Federal Railroad Administration has taken to commence the pilot programs, including efforts to recruit participant railroads;
any challenges impacting the commencement of the pilot programs; and
any other details associated with the development of the pilot programs that affect progress toward meeting the mandate under such section 21109(e)(1).
Sec. 2409 Positive train control study
Study— The Comptroller General of the United States shall conduct a study to determine the annual positive train control system operation and maintenance costs for public commuter railroads.
Report— Not later than 2 years after the date of enactment of this Act, the Comptroller General of the United States shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives that summarizes the study conducted pursuant to subsection (a), including the estimated annual positive train control system operation and maintenance costs for public commuter railroads.
Sec. 2410 Operating crew member training, qualification, and certification
Audits— Not later than 60 days after the date of enactment of this Act, the Secretary shall initiate audits of the training, qualification, and certification programs of locomotive engineers and conductors of railroad carriers, subject to the requirements of parts 240 and 242 of title 49, Code of Federal Regulations, which audits shall—
be conducted in accordance with subsection (b);
consider whether such programs are in compliance with such parts 240 and 242;
assess the type and content of training that such programs provide locomotive engineers and conductors, relevant to their respective roles, including training related to installed technology;
determine whether such programs provide locomotive engineers and conductors the knowledge, skill, and ability to safely operate a locomotive or train, consistent with such parts 240 and 242;
determine whether such programs reflect the current operating practices of the railroad carrier;
assess the current practice by which railroads utilize simulator training, or any other technologies used to train and qualify locomotive engineers and conductors by examining how such technologies are used;
consider international experience and practice using similar technology, as appropriate, particularly before qualifying locomotive engineers on new or unfamiliar equipment, new train control, diagnostics, or other on-board technology;
assess the current practice for familiarizing locomotive engineers and conductors with new territory and using recurrency training to expose such personnel to normal and abnormal conditions; and
ensure that locomotive engineers and conductor training programs are considered separately, as appropriate, based on the unique requirements and regulations.
Audit scheduling— The Secretary shall—
schedule the audits required under subsection (a) to ensure that—
each Class I railroad, including the National Railroad Passenger Corporation and other intercity passenger rail providers, is audited not less frequently than once every 5 years; and
a select number, as determined appropriate by the Secretary, of Class II and Class III railroads, along with other railroads providing passenger rail service that are not included in subparagraph (A), are audited annually; and
conduct the audits described in paragraph (1)(B) in accordance with the Small Business Regulatory Enforcement Fairness Act of 1996 (5 U.S.C. 601 note) and appendix C of part 209 of title 49, Code of Federal Regulations.
Updates to qualification and certification program— If the Secretary, while conducting the audits required under this section, identifies a deficiency in a railroad’s training, qualification, and certification program for locomotive engineers or conductors, the railroad shall update the program to eliminate such deficiency.
Consultation and cooperation—
Consultation— In conducting any audit required under this section, the Secretary shall consult with the railroad and its employees, including any nonprofit employee labor organization representing the engineers or conductors of the railroad.
Cooperation— The railroad and its employees, including any nonprofit employee labor organization representing engineers or conductors of the railroad, shall fully cooperate with any such audit, including by—
providing any relevant documents requested; and
making available any employees for interview without undue delay or obstruction.
Failure to cooperate— If the Secretary determines that a railroad or any of its employees, including any nonprofit employee labor organization representing engineers or conductors of the railroad is not fully cooperating with an audit, the Secretary shall electronically notify the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives.
Review of regulations— The Secretary shall triennially determine whether any update to part 240 or 242 of title 49, Code of Federal Regulations, is necessary to better prepare locomotive engineers and conductors to safely operate trains by evaluating whether such regulations establish appropriate Federal standards requiring railroads—
to provide locomotive engineers or conductors the knowledge and skills to safely operate trains under conditions that reflect industry practices;
to adequately address locomotive engineer or conductor route situational awareness, including ensuring locomotive engineers and conductors to demonstrate knowledge on the physical characteristics of a territory under various conditions and using various resources;
to provide relevant and adequate hands-on training before a locomotive engineer or conductor is certified;
to adequately prepare locomotive engineers or conductors to understand relevant locomotive operating characteristics, to include instructions on functions they are required to operate on any installed technology; and
to address any other safety issue that the Secretary determines to be appropriate for better preparing locomotive engineers or conductors.
Annual report— The Secretary shall publish an annual report on the public website of the Federal Railroad Administration that—
summarizes the findings of the prior year’s audits;
summarizes any updates made pursuant to subsection (c); and
excludes and confidential business information or sensitive security information.
Sec. 2411 Transparency and safety
Section 20103(d) of title 49, United States Code, is amended to read as follows:
“(d) Nonemergency waivers
“(1) In general—The Secretary of Transportation may waive, or suspend the requirement to comply with, any part of a regulation prescribed or an order issued under this chapter if such waiver or suspension 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 or for a suspension under subpart E of part 211 of title 49, Code of Federal Regulations, or successor regulations;
“(B) make available the application for such waiver or suspension and any nonconfidential underlying data to interested parties;
“(C) provide the public with notice and a reasonable opportunity to comment on a proposed waiver or suspension under this subsection before making a final decision; and
“(D) publish on a publicly accessible website the reasons for granting each such waiver or suspension.
“(3) Information protection—Nothing in this subsection may be construed to require the release of information protected by law from public disclosure.
“(4) Rulemaking
“(A) In general—Not later than 1 year after the first day on which a waiver under this subsection or a suspension under subpart E of part 211 of title 49, Code of Federal Regulations, or successor regulations, has been in continuous effect for a 6-year period, the Secretary shall complete a review and analysis of such waiver or suspension to determine whether issuing a rule that is consistent with the waiver is—
“(i) in the public interest; and
“(ii) consistent with railroad safety.
“(B) Factors—In conducting the review and analysis under subparagraph (A), the Secretary shall consider—
“(i) the relevant safety record under the waiver;
“(ii) the likelihood that other entities would have similar safety outcomes;
“(iii) the materials submitted in the applications, including any comments regarding such materials; and
“(iv) related rulemaking activity.
“(C) Notice and comment—The Secretary shall publish notice of the review and analysis of the waiver in the Federal Register, which shall include a summary of the data collected and all relevant underlying data, which may be included in a regulatory update under subparagraph (D).
“(D) Regulatory update—The Secretary may initiate a rulemaking to incorporate relevant aspects of a waiver under this subsection or a suspension under subpart E of part 211 of title 49, Code of Federal Regulations, or successor regulations, into the relevant regulation, to the extent the Secretary considers appropriate.
“(5) Rule of construction—Nothing in this subsection may be construed to delay any waiver granted pursuant to this subsection that is in the public interest and consistent with railroad safety.”
Sec. 2412 Research and development
Section 20108 of title 49, United States Code, is amended by adding at the end the following:
“(d) Facilities—The Secretary may erect, alter, and repair buildings and make other public improvements to carry out necessary railroad research, safety, and training activities at the Transportation Technology Center in Pueblo, Colorado.
“(e) Offsetting collections—The Secretary may collect fees or rents from facility users to offset appropriated amounts for the cost of providing facilities or research, development, testing, training, or other services, including long-term sustainment of the on-site physical plant.
“(f) Revolving fund—Amounts appropriated to carry out subsection (d) and all fees and rents collected pursuant to subsection (e) shall be credited to a revolving fund and remain available until expended. The Secretary may use such fees and rents for operation, maintenance, repair, or improvement of the Transportation Technology Center.
“(g) Leases and contracts—Notwithstanding section 1302 of title 40, the Secretary may lease to others or enter into contracts for terms of up to 20 years, for such consideration and subject to such terms and conditions as the Secretary determines to be in the best interests of the Government of the United States, for the operation, maintenance, repair, and improvement of the Transportation Technology Center.
“(h) Property and casualty loss insurance—The Secretary may allow its lessees and contractors to purchase property and casualty loss insurance for its assets and activities at the Transportation Technology Center to mitigate the lessee’s or contractor’s risk associated with operating a facility.
“(i) Energy projects—Notwithstanding section 1341 of title 31, the Secretary may enter into contracts or agreements, or commit to obligations in connection with third-party contracts or agreements, including contingent liability for the purchase of electric power in connection with such contracts or agreements, for terms not to exceed 20 years, to enable the use of the land at the Transportation Technology Center for projects to produce energy from renewable sources.”
Sec. 2413 Rail Research and Development Center of Excellence
Section 20108 of title 49, United States Code, as amended by section 2412, is further amended by adding at the end the following:
“(j) Rail Research and Development Center of Excellence
“(1) Center of excellence—The Secretary shall award grants to establish and maintain a center of excellence to advance research and development that improves the safety, efficiency, and reliability of passenger and freight rail transportation.
“(2) Eligibility—An institution of higher education (as defined in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002)) or a consortium of nonprofit institutions of higher education shall be eligible to receive a grant from the center established pursuant to paragraph (1).
“(3) Selection criteria—In awarding a grant under this subsection, the Secretary shall—
“(A) give preference to applicants with strong past performance related to rail research, education, and workforce development activities;
“(B) consider the extent to which the applicant would involve public and private sector passenger and freight railroad operators; and
“(C) consider the regional and national impacts of the applicant’s proposal.
“(4) Use of funds—Grant funds awarded pursuant to this subsection shall be used for basic and applied research, evaluation, education, workforce development, and training efforts related to safety, efficiency, reliability, resiliency, and sustainability of urban commuter, intercity high-speed, and freight rail transportation, to include advances in rolling stock, advanced positive train control, human factors, rail infrastructure, shared corridors, grade crossing safety, inspection technology, remote sensing, rail systems maintenance, network resiliency, operational reliability, energy efficiency, and other advanced technologies.
“(5) Federal share—The Federal share of a grant awarded under this subsection shall be 50 percent of the cost of establishing and operating the center of excellence and related research activities carried out by the grant recipient.”
Sec. 2414 Quarterly report on positive train control system performance
Section 20157 of title 49, United States Code, is amended by adding at the end the following:
“(m) Reports on positive train control system performance
“(1) In general—Each host railroad subject to this section or subpart I of part 236 of title 49, Code of Federal Regulations, shall electronically submit to the Secretary of Transportation a Report of PTC System Performance on Form FRA F 6180.152, which shall be submitted on or before the applicable due date set forth in paragraph (3) and contain the information described in paragraph (2), which shall be separated by the host railroad, each applicable tenant railroad, and each positive train control-governed track segment, consistent with the railroad’s positive train control Implementation Plan described in subsection (a)(1).
“(2) Required information—Each report submitted pursuant to paragraph (1) shall include, for the applicable reporting period—
“(A) the number of positive train control system initialization failures, disaggregated by the number of initialization failures for which the source or cause was the onboard subsystem, the wayside subsystem, the communications subsystem, the back office subsystem, or a non-positive train control component;
“(B) the number of positive train control system cut outs, disaggregated by each component listed in subparagraph (A) that was the source or cause of such cut outs;
“(C) the number of positive train control system malfunctions, disaggregated by each component listed in subparagraph (A) that was the source or cause of such malfunctions;
“(D) the number of enforcements by the positive train control system;
“(E) the number of enforcements by the positive train control system in which it is reasonable to assume an accident or incident was prevented;
“(F) the number of scheduled attempts at initialization of the positive train control system;
“(G) the number of train miles governed by the positive train control system; and
“(H) a summary of any actions the host railroad and its tenant railroads are taking to reduce the frequency and rate of initialization failures, cut outs, and malfunctions, such as any actions to correct or eliminate systemic issues and specific problems.
“(3) Due dates
“(A) In general—Except as provided in subparagraph (B), each host railroad shall electronically submit the report required under paragraph (1) not later than—
“(i) April 30, for the period from January 1 through March 31;
“(ii) July 31, for the period from April 1 through June 30;
“(iii) October 31, for the period from July 1 through September 30; and
“(iv) January 31, for the period from October 1 through December 31 of the prior calendar year.
“(B) Frequency reduction—Beginning on the date that is 3 years after the date of enactment of the Passenger Rail Expansion and Rail Safety Act of 2021, the Secretary shall reduce the frequency with which host railroads are required to submit the report described in paragraph (1) to not less frequently than twice per year, unless the Secretary—
“(i) determines that quarterly reporting is in the public interest; and
“(ii) publishes a justification for such determination in the Federal Register.
“(4) Tenant railroads—Each tenant railroad that operates on a host railroad’s positive train control-governed main line and is not currently subject to an exception under section 236.1006(b) of title 49, Code of Federal Regulations, shall submit the information described in paragraph (2) to each applicable host railroad on a continuous basis.
“(5) Enforcements—Any railroad operating a positive train control system classified under Federal Railroad Administration Type Approval number FRA–TA–2010–001 or FRA–TA–2013–003 shall begin submitting the metric required under paragraph (2)(D) not later than January 31, 2023.”
Sec. 2415 Speed limit action plans
Codification of, and amendment to, section 11406 of the FAST Act— Subchapter II of chapter 201 of subtitle V of title 49, United States Code, is amended by inserting after section 20168 the following:
“20169. Speed limit action plans
“(a) In general—Not later than March 3, 2016, each railroad carrier providing intercity rail passenger transportation or commuter rail passenger transportation, in consultation with any applicable host railroad carrier, shall survey its entire system and identify each main track location where there is a reduction of more than 20 miles per hour from the approach speed to a curve, bridge, or tunnel and the maximum authorized operating speed for passenger trains at that curve, bridge, or tunnel.
“(b) Action plans—Not later than 120 days after the date that the survey under subsection (a) is complete, a railroad carrier described in subsection (a) shall submit to the Secretary of Transportation an action plan that—
“(1) identifies each main track location where there is a reduction of more than 20 miles per hour from the approach speed to a curve, bridge, or tunnel and the maximum authorized operating speed for passenger trains at that curve, bridge, or tunnel;
“(2) describes appropriate actions to enable warning and enforcement of the maximum authorized speed for passenger trains at each location identified under paragraph (1), including—
“(A) modification to automatic train control systems, if applicable, or other signal systems;
“(B) increased crew size;
“(C) installation of signage alerting train crews of the maximum authorized speed for passenger trains in each location identified under paragraph (1);
“(D) installation of alerters;
“(E) increased crew communication; and
“(F) other practices;
“(3) contains milestones and target dates for implementing each appropriate action described under paragraph (2); and
“(4) ensures compliance with the maximum authorized speed at each location identified under paragraph (1).
“(c) Approval—Not later than 90 days after the date on which an action plan is submitted under subsection (b) or (d)(2), the Secretary shall approve, approve with conditions, or disapprove the action plan.
“(d) Periodic reviews and updates—Each railroad carrier that submits an action plan to the Secretary pursuant to subsection (b) shall—
“(1) not later than 1 year after the date of enactment of the Passenger Rail Expansion and Rail Safety Act of 2021, 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 pursuant to subsection (b)(1); and
“(2) not later than 90 days before implementing any significant operational or territorial operating change, including initiating a new service or route, submit to the Secretary a revised action plan, after consultation with any applicable host railroad, that addresses such operational or territorial operating change.
“(e) New service—If a railroad carrier providing intercity rail passenger transportation or commuter rail passenger transportation did not exist on the date of enactment of the FAST Act (Public Law 114–94; 129 Stat. 1312), such railroad carrier, in consultation with any applicable host railroad carrier, shall—
“(1) survey its routes pursuant to subsection (a) not later than 90 days after the date of enactment of the Passenger Rail Expansion and Rail Safety Act of 2021; and
“(2) develop an action plan pursuant to subsection (b) not later than 120 days after the date on which such survey is complete.
“(f) Alternative safety measures—The Secretary may exempt from the requirements under this section each segment of track for which operations are governed by a positive train control system certified under section 20157, or any other safety technology or practice that would achieve an equivalent or greater level of safety in reducing derailment risk.
“(g) Prohibition—No new intercity or commuter rail passenger service may begin operation unless the railroad carrier providing such service is in compliance with the requirements under this section.
“(h) Savings clause—Nothing in this section may be construed to prohibit the Secretary from applying the requirements under this section to other segments of track at high risk of overspeed derailment.”
Clerical amendment— The analysis for chapter 201 of subtitle V of title 49, United States Code, is amended by adding at the end the following:
Sec. 2416 New passenger service pre-revenue safety validation plan
In general— Subchapter II of chapter 201 of subtitle V of title 49, United States Code, as amended by section 2415, is further amended by adding at the end the following:
“20170. Pre-revenue service safety validation plan
“(a) Plan submission—Any railroad providing new, regularly scheduled, intercity or commuter rail passenger transportation, an extension of existing service, or a renewal of service that has been discontinued for more than 180 days shall develop and submit for review a comprehensive pre-revenue service safety validation plan to the Secretary of Transportation not later than 60 days before initiating such revenue service. Such plan shall include pertinent safety milestones and a minimum period of simulated revenue service to ensure operational readiness and that all safety sensitive personnel are properly trained and qualified.
“(b) Compliance—After submitting a plan pursuant to subsection (a), the railroad shall adopt and comply with such plan and may not amend the plan without first notifying the Secretary of the proposed amendment. Revenue service may not begin until the railroad has completed the requirements of its plan, including the minimum simulated service period required by the plan.
“(c) Rulemaking—The Secretary shall promulgate regulations to carry out this section, including—
“(1) requiring that any identified safety deficiencies be addressed and corrected before the initiation of revenue service; and
“(2) establishing appropriate deadlines to enable the Secretary to review and approve the pre-revenue service safety validation plan to ensure that service is not unduly delayed.”
Clerical amendment— The analysis for chapter 201 of title 49, United States Code, as amended by section 2415(b), is further amended by adding at the end the following:
Sec. 2417 Federal Railroad Administration 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 and the appropriate method for—
“(A) gathering 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) consulting 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 required 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) Applicability—This subsection shall not apply to any investigation carried out by the National Transportation Safety Board.”
Sec. 2418 Civil penalty enforcement authority
Section 21301(a) of title 49, United States Code, is amended by striking paragraph (3) and inserting the following:
“(3) The Secretary may find that a person has violated this chapter or a regulation prescribed or order, special permit, or approval issued under this chapter only after notice and an opportunity for a hearing. The Secretary shall impose a penalty under this section by giving the person written notice of the amount of the penalty. The Secretary may compromise the amount of a civil penalty by settlement agreement without issuance of an order. In determining the amount of a compromise, the Secretary shall consider—
“(A) the nature, circumstances, extent, and gravity of the violation;
“(B) with respect to the violator, the degree of culpability, any history of violations, the ability to pay, and any effect on the ability to continue to do business; and
“(C) other matters that justice requires.
“(4) The Attorney General may bring a civil action in an appropriate district court of the United States to collect a civil penalty imposed or compromise under this section and any accrued interest on the civil penalty. In the civil action, the amount and appropriateness of the civil penalty shall not be subject to review.”
Sec. 2419 Advancing safety and innovative technology
In general— Section 26103 of title 49, United States Code, is amended to read as follows:
“26103. Safety regulations and evaluation
“The Secretary shall—
“(1) promulgate such safety regulations as may be necessary for high-speed rail services; and
“(2) before promulgating such regulations, consult with developers of new high-speed rail technologies to develop a method for evaluating safety performance.”
Clerical amendment— The analysis for chapter 261 of title 49, United States Code, is amended by striking the item relating to section 26103 and inserting the following:
Sec. 2420 Passenger rail vehicle occupant protection systems
Study— The Administrator of the Federal Railroad Administration shall conduct a study of the potential installation and use in new passenger rail rolling stock of passenger rail vehicle occupant protection systems that could materially improve passenger safety.
Considerations— In conducting the study under subsection (a), the Administrator shall consider minimizing the risk of secondary collisions, including estimating the costs and benefits of the new requirements, through the use of—
occupant restraint systems;
air bags;
emergency window retention systems; and
interior designs, including seats, baggage restraints, and table configurations and attachments.
Report— Not later than 2 years after the date of enactment of this Act, the Administrator shall—
submit a report summarizing the findings of the study conducted pursuant to subsection (a) to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives; and
publish such report on the website of the Federal Railroad Administration.
Rulemaking— Following the completion of the study required under subsection (a), and after considering the costs and benefits of the proposed protection systems, the Administrator may promulgate a rule that establishes standards for the use of occupant protection systems in new passenger rail rolling stock.
Sec. 2421 Federal Railroad Administration safety reporting
Not later than 1 year after the date of enactment of this Act, and annually thereafter for the following 4 years, the Secretary shall update Special Study Block 49 on Form FRA F 6180.54 (Rail Equipment Accident/Incident Report) to collect, with respect to trains involved in accidents required to be reported to the Federal Railroad Administration—
the number of cars and length of the involved trains; and
the number of crew members who were aboard a controlling locomotive involved in an accident at the time of such accident.
Sec. 2422 National Academies study on trains longer than 7,500 feet
Study— The Secretary shall seek to enter into an agreement with the National Academies to conduct a study on the operation of freight trains that are longer than 7,500 feet.
Elements— The study conducted pursuant to subsection (a) shall—
examine any potential impacts to safety from the operation of freight trains that are longer than 7,500 feet and the mitigation of any identified risks, including—
any potential changes in the risk of loss of communications between the end of train device and the locomotive cab, including communications over differing terrains and conditions;
any potential changes in the risk of loss of radio communications between crew members when a crew member alights from the train, including communications over differing terrains and conditions;
any potential changes in the risk of derailments, including any 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;
any potential impacts associated with the deployment of multiple distributed power units in the consists of such trains; and
any potential impacts on braking and locomotive performance and track wear and tear;
evaluate any impacts on scheduling and efficiency of passenger operations and in the shipping of goods by freight as a result of longer trains;
determine whether additional engineer and conductor training is required for safely operating such trains;
assess the potential impact on the amount of time and frequency of occurrence highway-rail grade crossings are occupied; and
identify any potential environmental impacts, including greenhouse gas emissions, that have resulted from the operation of longer trains.
Comparison— When evaluating the potential impacts of the operation of trains longer than 7,500 feet under subsection (b), the impacts of such trains shall be compared to the impacts of trains that are shorter than 7,500 feet, after taking into account train frequency.
Report— Not later than 2 years after the date of enactment of this Act, the Secretary shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives that contains the results of the study conducted by the National Academies under this section.
Funding— From the amounts appropriated for fiscal year 2021 pursuant to the authorization under 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 this section.
Sec. 2423 High-speed train noise emissions
by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; and
by inserting after subsection (b) the following:
“(c) High-Speed train noise emissions
“(1) In general—The Secretary of Transportation, in consultation with the Administrator, may prescribe regulations governing railroad-related noise emission standards for trains operating on the general railroad system of transportation at speeds exceeding 160 miles per hour, including noise related to magnetic levitation systems and other new technologies not traditionally associated with railroads.
“(2) Factors in rulemaking—The regulations prescribed pursuant to paragraph (1) may—
“(A) consider variances in maximum pass-by noise with respect to the speed of the equipment;
“(B) account for current engineering best practices; and
“(C) encourage the use of noise mitigation techniques to the extent reasonable if the benefits exceed the costs.
“(3) Conventional-speed trains—Railroad-related noise regulations prescribed under subsection (a) shall continue to govern noise emissions from the operation of trains, including locomotives and rail cars, when operating at speeds not exceeding 160 miles per hour.”
Technical amendment— The second sentence of section 17(b) of the Noise Control Act of 1972 (42 U.S.C. 4916(b)) is amended by striking “the Safety Appliance Acts, the Interstate Commerce Act, and the Department of Transportation Act” and inserting “subtitle V of title 49, United States Code”.
Sec. 2424 Critical incident stress plans
The Secretary shall amend part 272 of title 49, Code of Federal Regulations, to the extent necessary 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), including employees who directly interact with passengers; and
an assault against an employee requiring medical attention is included in the definition of critical incident under section 272.9 of such part.