Division B — Surface Transportation Investment Act of 2021

Ҥ 118. Office of Multimodal Freight Infrastructure and Policy

“(a) Definitions.—In this section:

“(1) Department.—The term ‘Department’ means the Department of Transportation.

“(2) Freight office.—The term ‘Freight Office’ means the Office of Multimodal Freight Infrastructure and Policy established under subsection (b).

“(3) Secretary.—The term ‘Secretary’ means the Secretary of Transportation.

“(b) Establishment.—The Secretary shall establish within the Department an Office of Multimodal Freight Infrastructure and Policy.

“(c) Purposes.—The purposes of the Freight Office shall be—

“(1) to carry out the national multimodal freight policy described in section 70101;

“(2) to administer and oversee certain multimodal freight grant programs within the Department in accordance with subsection (d);

“(3) to promote and facilitate the sharing of information between the private and public sectors with respect to freight issues;

“(4) to conduct research on improving multimodal freight mobility, and to oversee the freight research activities of the various agencies within the Department;

“(5) to assist cities and States in developing freight mobility and supply chain expertise;

“(6) to liaise and coordinate with other Federal departments and agencies; and

“(7) to carry out other duties, as prescribed by the Secretary.

“(d) Administration of Policies and Programs.—The Freight Office shall—

“(1) develop and manage—

“(A) the national freight strategic plan described in section 70102; and

“(B) the National Multimodal Freight Network established under section 70103;

“(2)

(A) oversee the development and updating of the State freight plans described in section 70202; and

“(B) provide guidance or best practices relating to the development and updating of State freight plans under that section;

“(3)

(A) administer multimodal freight grant programs, including multimodal freight grants established under section 117 of title 23; and

“(B) establish procedures for analyzing and evaluating applications for grants under those programs;

“(4) assist States in the establishment of—

“(A) State freight advisory committees under section 70201; and

“(B) multi-State freight mobility compacts under section 70204; and

“(5) provide to the Bureau of Transportation Statistics input regarding freight data and planning tools.

“(e) Assistant Secretary.—

“(1) In general.—The Freight Office shall be headed by an Assistant Secretary for Multimodal Freight, who shall—

“(A) be appointed by the President, by and with the advice and consent of the Senate; and

“(B) have professional standing and demonstrated knowledge in the field of freight transportation.

“(2) Duties.—The Assistant Secretary shall—

“(A) report to the Under Secretary of Transportation for Policy;

“(B) be responsible for the management and oversight of the activities, decisions, operations, and personnel of the Freight Office;

“(C) work with the modal administrations of the Department to encourage multimodal collaboration; and

“(D) carry out such additional duties as the Secretary may prescribe.

“(f) Consolidation and Elimination of Duplicative Offices.—

“(1) Consolidation of offices and office functions.—The Secretary may consolidate into the Freight Office any office or office function within the Department that the Secretary determines has duties, responsibilities, resources, or expertise that support the purposes of the Freight Office.

“(2) Elimination of offices.—The Secretary may eliminate any office within the Department if the Secretary determines that—

“(A) the purposes of the office are duplicative of the purposes of the Freight Office;

“(B) the office or the functions of the office have been substantially consolidated with the Freight Office pursuant to paragraph (1);

“(C) the elimination of the office will not adversely affect the requirements of the Secretary under any Federal law; and

“(D) the elimination of the office will improve the efficiency and effectiveness of the programs and functions conducted by the office.

“(g) Staffing and Budgetary Resources.—

“(1) In general.—The Secretary shall ensure that the Freight Office is adequately staffed and funded.

“(2) Staffing.—

“(A) Transfer of positions to freight office.—Subject to subparagraph (B), the Secretary may transfer to the Freight Office any position within any other office of the Department if the Secretary determines that the position is necessary to carry out the purposes of the Freight Office.

“(B) Requirement.—If the Secretary transfers a position to the Freight Office pursuant to subparagraph (A), the Secretary, in coordination with the appropriate modal administration of the Department, shall ensure that the transfer of the position does not adversely affect the requirements of the modal administration under any Federal law.

“(3) Budgetary resources.—

“(A) Transfer of funds from consolidated or eliminated offices.—

“(i) In general.—To carry out the purposes of the Freight Office, the Secretary may transfer to the Freight Office from any office or office function that is consolidated or eliminated under subsection (f) any funds allocated for the consolidated or eliminated office or office function.

“(ii) Retransfer.—Any portion of any funds or limitations of obligations transferred to the Freight Office pursuant to clause (i) may be transferred back to, and merged with, the original account.

“(B) Transfer of funds allocated for administrative costs.—

“(i) In general.—The Secretary may transfer to the Freight Office any funds allocated for the administrative costs of the programs referred to in subsection (d)(3).

“(ii) Retransfer.—Any portion of any funds or limitations of obligations transferred to the Freight Office pursuant to clause (i) may be transferred back to, and merged with, the original account.

“(h) Website.—

“(1) Description of freight office.—The Secretary shall make publicly available on the website of the Department a description of the Freight Office, including a description of—

“(A) the programs managed or made available by the Freight Office; and

“(B) the eligibility requirements for those programs.

“(2) Clearinghouse.—The Secretary may establish a clearinghouse for tools, templates, guidance, and best practices on a page of the website of the Department that supports the purposes of this section.

“(i) Notification to Congress.—Not later than 1 year after the date of enactment of this section, and not less frequently than once every 180 days thereafter until the date on which the Secretary determines that the requirements of this section have been met, the Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a notification that—

“(1) describes—

“(A) the programs and activities administered or overseen by the Freight Office; and

“(B) the status of those programs and activities;

“(2) identifies—

“(A) the number of employees working in the Freight Office as of the date of the notification;

“(B) the total number of employees expected to join the Freight Office to support the programs and activities described in paragraph (1); and

“(C) the total number of positions that, as a result of the consolidation of offices under this section, were—

“(i) eliminated; or

“(ii) transferred, assigned, or joined to the Freight Office;

“(3)

(A) indicates whether the Secretary has consolidated into the Freight Office any office or office function pursuant to subsection (f)(1); and

“(B) if the Secretary has consolidated such an office or function, describes the rationale for the consolidation;

“(4)

(A) indicates whether the Secretary has eliminated any office pursuant to subsection (f)(2); and

“(B) if the Secretary has eliminated such an office, describes the rationale for the elimination;

“(5) describes any other actions carried out by the Secretary to implement this section; and

“(6) describes any recommendations of the Secretary for legislation that may be needed to further implement this section.

“(j) Savings Provisions.—

“(1) Effect on other law.—Except as otherwise provided in this section, nothing in this section alters or affects any law (including regulations) with respect to a program referred to in subsection (d).

“(2) Effect on responsibilities of other agencies.—Except as otherwise provided in this section, nothing in this section abrogates the responsibilities of any agency, operating administration, or office within the Department that is otherwise charged by law (including regulations) with any aspect of program administration, oversight, or project approval or implementation with respect to a program or project subject to the responsibilities of the Freight Office under this section.

“(3) Effect on pending applications.—Nothing in this section affects any pending application under a program referred to in subsection (d) that was received by the Secretary on or before the date of enactment of the Surface Transportation Investment Act of 2021.

“(k) Authorization of Appropriations.—

“(1) In general.—There are authorized to be appropriated to the Secretary such sums as are necessary to carry out this section.

“(2) Certain activities.—Authorizations under subsections (f) and (g) are subject to appropriations.”

“118. Office of Multimodal Freight Infrastructure and Policy.”.

“(12) best practices for reducing environmental impacts of freight movement (including reducing local air pollution from freight movement, stormwater runoff, and wildlife habitat loss resulting from freight facilities, freight vehicles, or freight activity);

“(13) possible strategies to increase the resilience of the freight system, including the ability to anticipate, prepare for, or adapt to conditions, or withstand, respond to, or recover rapidly from disruptions, including extreme weather and natural disasters;

“(14) strategies to promote United States economic growth and international competitiveness;

“(15) consideration of any potential unique impacts of the national freight system on rural and other underserved and historically disadvantaged communities;

“(16) strategies for decarbonizing freight movement, as appropriate; and

“(17) consideration of the impacts of e-commerce on the national multimodal freight system.”

“(C) provide to the States an opportunity to submit proposed designations from the States in accordance with paragraph (4).”

; and

“70204. Multi-State freight corridor planning.

“70206. Savings provision.”.

“(1) ports, if applicable;

“(2) freight railroads, if applicable;

“(3) shippers;

“(4) carriers;

“(5) freight-related associations;

“(6) third-party logistics providers;

“(7) the freight industry workforce;

“(8) the transportation department of the State;

“(9) metropolitan planning organizations;

“(10) local governments;

“(11) the environmental protection department of the State, if applicable;

“(12) the air resources board of the State, if applicable;

“(13) economic development agencies of the State; and

“(14) not-for-profit organizations or community organizations.”

“(b) Qualifications.—Each member of a freight advisory committee established under subsection (a) shall have qualifications sufficient to serve on a freight advisory committee, including, as applicable—

“(1) general business and financial experience;

“(2) experience or qualifications in the areas of freight transportation and logistics;

“(3) experience in transportation planning;

“(4) experience representing employees of the freight industry;

“(5) experience representing a State, local government, or metropolitan planning organization; or

“(6) experience representing the views of a community group or not-for-profit organization.”

Ҥ 6702. Local and regional project assistance

“(a) Definitions.—In this section:

“(1) Area of persistent poverty.—The term ‘area of persistent poverty’ means—

“(A) any county (or equivalent jurisdiction) in which, during the 30-year period ending on the date of enactment of this chapter, 20 percent or more of the population continually lived in poverty, as measured by—

“(i) the 1990 decennial census;

“(ii) the 2000 decennial census; and

“(iii) the most recent annual small area income and poverty estimate of the Bureau of the Census;

“(B) any census tract with a poverty rate of not less than 20 percent, as measured by the 5-year data series available from the American Community Survey of the Bureau of the Census for the period of 2014 through 2018; and

“(C) any territory or possession of the United States.

“(2) Eligible entity.—The term ‘eligible entity’ means—

“(A) a State;

“(B) the District of Columbia;

“(C) any territory or possession of the United States;

“(D) a unit of local government;

“(E) a public agency or publicly chartered authority established by 1 or more States;

“(F) a special purpose district or public authority with a transportation function, including a port authority;

“(G) a federally recognized Indian Tribe or a consortium of such Indian Tribes;

“(H) a transit agency; and

“(I) a multi-State or multijurisdictional group of entities described in any of subparagraphs (A) through (H).

“(3) Eligible project.—The term ‘eligible project’ means—

“(A) a highway or bridge project eligible for assistance under title 23;

“(B) a public transportation project eligible for assistance under chapter 53;

“(C) a passenger rail or freight rail transportation project eligible for assistance under this title;

“(D) a port infrastructure investment, including—

“(i) inland port infrastructure; and

“(ii) a land port-of-entry;

“(E) the surface transportation components of an airport project eligible for assistance under part B of subtitle VII;

“(F) a project for investment in a surface transportation facility located on Tribal land, the title or maintenance responsibility of which is vested in the Federal Government;

“(G) a project to replace or rehabilitate a culvert or prevent stormwater runoff for the purpose of improving habitat for aquatic species that will advance the goal of the program described in subsection (b)(2); and

“(H) any other surface transportation infrastructure project that the Secretary considers to be necessary to advance the goal of the program.

“(4) Program.—The term ‘program’ means the Local and Regional Project Assistance Program established under subsection (b)(1).

“(5) Rural area.—The term ‘rural area’ means an area that is located outside of an urbanized area.

“(6) Secretary.—The term ‘Secretary’ means the Secretary of Transportation.

“(7) Urbanized area.—The term ‘urbanized area’ means an area with a population of more than 200,000 residents, based on the most recent decennial census.

“(b) Establishment.—

“(1) In general.—The Secretary shall establish and carry out a program, to be known as the ‘Local and Regional Project Assistance Program’, to provide for capital investments in surface transportation infrastructure.

“(2) Goal.—The goal of the program shall be to fund eligible projects that will have a significant local or regional impact and improve transportation infrastructure.

“(c) Grants.—

“(1) In general.—In carrying out the program, the Secretary may make grants to eligible entities, on a competitive basis, in accordance with this section.

“(2) Amount.—Except as otherwise provided in this section, each grant made under the program shall be in an amount equal to—

“(A) not less than $5,000,000 for an urbanized area;

“(B) not less than $1,000,000 for a rural area; and

“(C) not more than $25,000,000.

“(3) Limitation.—Not more than 15 percent of the funds made available to carry out the program for a fiscal year may be awarded to eligible projects in a single State during that fiscal year.

“(d) Selection of Eligible Projects.—

“(1) Notice of funding opportunity.—Not later than 60 days after the date on which funds are made available to carry out the program, the Secretary shall publish a notice of funding opportunity for the funds.

“(2) Applications.—To be eligible to receive a grant under the program, an eligible entity shall submit to the Secretary an application—

“(A) in such form and containing such information as the Secretary considers to be appropriate; and

“(B) by such date as the Secretary may establish, subject to the condition that the date shall be not later than 90 days after the date on which the Secretary issues the solicitation under paragraph (1).

“(3) Primary selection criteria.—In awarding grants under the program, the Secretary shall evaluate the extent to which a project—

“(A) improves safety;

“(B) improves environmental sustainability;

“(C) improves the quality of life of rural areas or urbanized areas;

“(D) increases economic competitiveness and opportunity, including increasing tourism opportunities;

“(E) contributes to a state of good repair; and

“(F) improves mobility and community connectivity.

“(4) Additional selection criteria.—In selecting projects to receive grants under the program, the Secretary shall take into consideration the extent to which—

“(A) the project sponsors collaborated with other public and private entities;

“(B) the project adopts innovative technologies or techniques, including—

“(i) innovative technology;

“(ii) innovative project delivery techniques; and

“(iii) innovative project financing;

“(C) the project has demonstrated readiness; and

“(D) the project is cost effective.

“(5) Transparency.—

“(A) In general.—The Secretary, shall evaluate, through a methodology that is discernible and transparent to the public, the means by which each application submitted under paragraph (2) addresses the criteria under paragraphs (3) and (4) or otherwise established by the Secretary.

“(B) Publication.—The methodology under subparagraph (A) shall be published by the Secretary as part of the notice of funding opportunity under the program.

“(6) Awards.—Not later than 270 days after the date on which amounts are made available to provide grants under the program for a fiscal year, the Secretary shall announce the selection by the Secretary of eligible projects to receive the grants in accordance with this section.

“(7) Technical assistance.—

“(A) In general.—On request of an eligible entity that submitted an application under paragraph (2) for a project that is not selected to receive a grant under the program, the Secretary shall provide to the eligible entity technical assistance and briefings relating to the project.

“(B) Treatment.—Technical assistance provided under this paragraph shall not be considered a guarantee of future selection of the applicable project under the program.

“(e) Federal Share.—

“(1) In general.—Except as provided in paragraph (2), the Federal share of the cost of an eligible project carried out using a grant provided under the program shall not exceed 80 percent.

“(2) Exception.—The Federal share of the cost of an eligible project carried out in a rural area, a historically disadvantaged community, or an area of persistent poverty using a grant under this subsection may exceed 80 percent, at the discretion of the Secretary.

“(3) Treatment of other federal funds.—Amounts provided under any of the following programs shall be considered to be a part of the non-Federal share for purposes of this subsection:

“(A) The tribal transportation program under section 202 of title 23.

“(B) The Federal lands transportation program under section 203 of title 23.

“(C) The TIFIA program (as defined in section 601(a) of title 23).

“(D) The Railroad Rehabilitation and Improvement Financing Program under chapter 224.

“(f) Other Considerations.—

“(1) In general.—Of the total amount made available to carry out the program for each fiscal year—

“(A) not more than 50 percent shall be allocated for eligible projects located in rural areas; and

“(B) not more than 50 percent shall be allocated for eligible projects located in urbanized areas.

“(2) Historically disadvantaged communities and areas of persistent poverty.—Of the total amount made available to carry out the program for each fiscal year, not less than 1 percent shall be awarded for projects in historically disadvantaged communities or areas of persistent poverty.

“(3) Multimodal and geographical considerations.—In selecting projects to receive grants under the program, the Secretary shall take into consideration geographical and modal diversity.

“(g) Project Planning.—Of the amounts made available to carry out the program for each fiscal year, not less than 5 percent shall be made available for the planning, preparation, or design of eligible projects.

“(h) Transfer of Authority.—Of the amounts made available to carry out the program for each fiscal year, the Secretary may transfer not more than 2 percent for a fiscal year to the Administrator of any of the Federal Highway Administration, the Federal Transit Administration, the Federal Railroad Administration, or the Maritime Administration to award and oversee grants and credit assistance in accordance with this section.

“(i) Credit Program Costs.—

“(1) In general.—Subject to paragraph (2), at the request of an eligible entity, the Secretary may use a grant provided to the eligible entity under the program to pay the subsidy or credit risk premium, and the administrative costs, of an eligible project that is eligible for Federal credit assistance under—

“(A) chapter 224; or

“(B) chapter 6 of title 23.

“(2) Limitation.—Not more than 20 percent of the funds made available to carry out the program for a fiscal year may be used to carry out paragraph (1).

“(j) Authorization of Appropriations.—There is authorized to be appropriated to carry out this section $1,500,000,000 for each of fiscal years 2022 through 2026, to remain available for a period of 3 fiscal years following the fiscal year for which the amounts are appropriated.

“(k) Reports.—

“(1) Annual report.—The Secretary shall make available on the website of the Department of Transportation at the end of each fiscal year an annual report that describes each eligible project for which a grant was provided under the program during that fiscal year.

“(2) Comptroller general.—Not later than 1 year after the date on which the initial grants are awarded for eligible projects under the program, the Comptroller General of the United States shall—

“(A) review the administration of the program, including—

“(i) the solicitation process; and

“(ii) the selection process, including—

“(I) the adequacy and fairness of the process; and

“(II) the selection criteria; and

“(B) submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report describing the findings of the review under subparagraph (A), including recommendations for improving the administration of the program, if any.”

“CHAPTER 67— Multimodal Infrastructure Investments

“6701. National infrastructure project assistance.

“6702. Local and regional project assistance.”.

Ҥ 6703. National culvert removal, replacement, and restoration grant program

“(a) Definitions.—In this section:

“(1) Director.—The term ‘Director’ means the Director of the United States Fish and Wildlife Service.

“(2) Indian tribe.—The term ‘Indian Tribe’ has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).

“(3) Program.—The term ‘program’ means the annual competitive grant program established under subsection (b).

“(4) Secretary.—The term ‘Secretary’ means the Secretary of Transportation.

“(5) Undersecretary.—The term ‘Undersecretary’ means the Undersecretary of Commerce for Oceans and Atmosphere.

“(b) Establishment.—The Secretary, in consultation with the Undersecretary, shall establish an annual competitive grant program to award grants to eligible entities for projects for the replacement, removal, and repair of culverts or weirs that—

“(1) would meaningfully improve or restore fish passage for anadromous fish; and

“(2) with respect to weirs, may include—

“(A) infrastructure to facilitate fish passage around or over the weir; and

“(B) weir improvements.

“(c) Eligible Entities.—An entity eligible to receive a grant under the program is—

“(1) a State;

“(2) a unit of local government; or

“(3) an Indian Tribe.

“(d) Grant Selection Process.—The Secretary, in consultation with the Undersecretary and the Director, shall establish a process for determining criteria for awarding grants under the program, subject to subsection (e).

“(e) Prioritization.—The Secretary, in consultation with the Undersecretary and the Director, shall establish procedures to prioritize awarding grants under the program to—

“(1) projects that would improve fish passage for—

“(A) anadromous fish stocks listed as an endangered species or a threatened species under section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533);

“(B) anadromous fish stocks identified by the Undersecretary or the Director that could reasonably become listed as an endangered species or a threatened species under that section;

“(C) anadromous fish stocks identified by the Undersecretary or the Director as prey for endangered species, threatened species, or protected species, including Southern resident orcas (Orcinus orcas); or

“(D) anadromous fish stocks identified by the Undersecretary or the Director as climate resilient stocks; and

“(2) projects that would open up more than 200 meters of upstream habitat before the end of the natural habitat.

“(f) Federal Share.—The Federal share of the cost of a project carried out with a grant to a State or a unit of local government under the program shall be not more than 80 percent.

“(g) Technical Assistance.—The Secretary, in consultation with the Undersecretary and the Director, shall develop a process to provide technical assistance to Indian Tribes and underserved communities to assist in the project design and grant process and procedures.

“(h) Administrative Expenses.—Of the amounts made available for each fiscal year to carry out the program, the Secretary, the Undersecretary, and the Director may use not more than 2 percent to pay the administrative expenses necessary to carry out this section.

“(i) Authorization of Appropriations.—There is authorized to be appropriated to carry out the program $800,000,000 for each of fiscal years 2022 through 2026.”

“6703. National culvert removal, replacement, and restoration grant program.”.

Ҥ 70205. National multimodal cooperative freight research program

“(a) Establishment.—Not later than 1 year after the date of enactment of this section, the Secretary of Transportation (referred to in this section as the ‘Secretary’) shall establish and support a national cooperative freight transportation research program.

“(b) Administration by National Academy of Sciences.—

“(1) In general.—The Secretary shall enter into an agreement with the National Academy of Sciences to support and carry out administrative and management activities under the program established under subsection (a).

“(2) Advisory committee.—To assist the National Academy of Sciences in carrying out this subsection, the National Academy shall establish an advisory committee, the members of which represent a cross-section of multimodal freight stakeholders, including—

“(A) the Department of Transportation and other relevant Federal departments and agencies;

“(B) State (including the District of Columbia) departments of transportation;

“(C) units of local government, including public port authorities;

“(D) nonprofit entities;

“(E) institutions of higher education;

“(F) labor organizations representing employees in freight industries; and

“(G) private sector entities representing various transportation modes.

“(c) Activities.—

“(1) National research agenda.—

“(A) In general.—The advisory committee established under subsection (b)(2), in consultation with interested parties, shall recommend a national research agenda for the program in accordance with subsection (d), which shall include a multiyear strategic plan.

“(B) Action by interested parties.—For purposes of subparagraph (A), an interested party may—

“(i) submit to the advisory committee research proposals;

“(ii) participate in merit reviews of research proposals and peer reviews of research products; and

“(iii) receive research results.

“(2) Research contracts and grants.—

“(A) In general.—The National Academy of Sciences may award research contracts and grants under the program established under subsection (a) through—

“(i) open competition; and

“(ii) merit review, conducted on a regular basis.

“(B) Evaluation.—

“(i) Peer review.—A contract or grant for research under subparagraph (A) may allow peer review of the research results.

“(ii) Programmatic evaluations.—The National Academy of Sciences may conduct periodic programmatic evaluations on a regular basis of a contract or grant for research under subparagraph (A).

“(C) Dissemination of findings.—The National Academy of Sciences shall disseminate the findings of any research conducted under this paragraph to relevant researchers, practitioners, and decisionmakers through—

“(i) conferences and seminars;

“(ii) field demonstrations;

“(iii) workshops;

“(iv) training programs;

“(v) presentations;

“(vi) testimony to government officials;

“(vii) publicly accessible websites;

“(viii) publications for the general public; and

“(ix) other appropriate means.

“(3) Report.—Not later than 1 year after the date of establishment of the program under subsection (a), and annually thereafter, the Secretary shall make available on a public website a report that describes the ongoing research and findings under the program.

“(d) Areas for Research.—The national research agenda under subsection (c)(1) shall consider research in the following areas:

“(1) Improving the efficiency and resiliency of freight movement, including—

“(A) improving the connections between rural areas and domestic and foreign markets;

“(B) maximizing infrastructure utility, including improving urban curb-use efficiency;

“(C) quantifying the national impact of blocked railroad crossings;

“(D) improved techniques for estimating and quantifying public benefits derived from freight transportation projects; and

“(E) low-cost methods to reduce congestion at bottlenecks.

“(2) Adapting to future trends in freight, including—

“(A) considering the impacts of e-commerce;

“(B) automation; and

“(C) zero-emissions transportation.

“(3) Workforce considerations in freight, including—

“(A) diversifying the freight transportation industry workforce; and

“(B) creating and transitioning a workforce capable of designing, deploying, and operating emerging technologies.

“(e) Federal Share.—

“(1) In general.—The Federal share of the cost of an activity carried out under this section shall be up to 100 percent.

“(2) Use of non-federal funds.—In addition to using funds made available to carry out this section, the National Academy of Sciences may seek and accept additional funding from public and private entities capable of accepting funding from the Department of Transportation, States, units of local government, nonprofit entities, and the private sector.

“(f) Authorization of Appropriations.—There is authorized to be appropriated to the Secretary $3,750,000 for each fiscal year to carry out the program established under subsection (a), to remain available until expended.

“(g) Sunset.—The program established under subsection (a) shall terminate 5 years after the date of enactment of this section.”

“70205. National multimodal cooperative freight research program.”.

“(D) The Rural and Tribal Assistance Pilot Program established under section 21205(b)(1) of the Surface Transportation Investment Act of 2021.”

Ҥ 22405. Substantive criteria and standards

“The Secretary shall—

“(1) publish in the Federal Register and post on a website of the Department of Transportation the substantive criteria and standards used by the Secretary to determine whether to approve or disapprove applications submitted under section 22402; and

“(2) ensure that adequate procedures and guidelines are in place to permit the filing of complete applications not later than 30 days after the publication referred to in paragraph (1).”

Ҥ 22406. Authorization of appropriations.

“(a) Authorization.—

“(1) In general.—There is authorized to be appropriated for credit assistance under this chapter, which shall be provided at the discretion of the Secretary, $50,000,000 for each of fiscal years 2022 through 2026.

“(2) Refund of premium.—There is authorized to be appropriated to the Secretary $70,000,000 to repay the credit risk premium in accordance with section 22402(f)(5).

“(3) Availability.—Amounts appropriated pursuant to this subsection shall remain available until expended.

“(b) Use of Funds.—

“(1) In general.—Credit assistance provided under subsection (a) may not exceed $20,000,000 for any loan or loan guarantee.

“(2) Administrative costs.—Not less than 3 percent of the amounts appropriated pursuant to subsection (a) in each fiscal year shall be made available to the Secretary for use in place of charges collected under section 22403(l)(1) for passenger railroads and freight railroads other than Class I carriers.

“(3) Short line set-aside.—Not less than 50 percent of the amounts appropriated pursuant to subsection (a)(1) for each fiscal year shall be set aside for freight railroads other than Class I carriers.”

“224 . Railroad rehabilitation and improvement financing 22401”.

“(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).”

“(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).”

“(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.”

“24320. Amtrak 5-year service line and asset line plans.”.

Ҥ 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.”

“24323. Prohibition on smoking on Amtrak trains.”.

“(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.”

; and

“(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.”

“(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.”

“(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).”

“(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).”

“(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.”

“(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.”

Ҥ 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 subparagraph. Not less than 5 percent of the grant funds reserved under this subparagraph shall be reserved for projects in counties with 20 or fewer residents per square mile, according to the most recent decennial census, provided that sufficient eligible applications have been submitted.

“(B) Planning grants.—Not less than 25 percent of the grant funds set aside for planning projects in any fiscal year pursuant to section 22104(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) Commuter Rail Eligibility and Grant Conditions.—

“(1) In general.—Section 22905(f) shall not apply to grants awarded under this section for commuter rail passenger transportation projects.

“(2) Administration of funds.—The Secretary of Transportation shall transfer amounts awarded under this section for commuter rail passenger transportation projects to the Federal Transit Administration, which shall administer such funds in accordance with chapter 53.

“(3) Protective arrangements.—

“(A) In general.—Notwithstanding paragraph (2) and section 22905(e)(1), as a condition of receiving a grant under this section, any employee covered by the Railway Labor Act (45 U.S.C. 151 et seq.) and the Railroad Retirement Act of 1974 (45 U.S.C. 231 et seq.) who is adversely affected by actions taken in connection with the project financed in whole or in part by such grant shall be covered by employee protective arrangements required to be established under section 22905(c)(2)(B).

“(B) Implementation.—A grant recipient under this section, and the successors, assigns, and contractors of such grant recipient—

“(i) shall be bound by the employee protective arrangements required under subparagraph (A); and

“(ii) shall be responsible for the implementation of such arrangements and for the obligations under such arrangements, but may arrange for another entity to take initial responsibility for compliance with the conditions of such arrangement.

“(k) 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.”

“22909. Railroad Crossing Elimination Program.”.

Ҥ 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 has prepared 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.”

“22910. Interstate Rail Compacts Grant Program.”.

“24911. Federal-State partnership for intercity passenger rail.”.

“CHAPTER 251— PASSENGER RAIL PLANNING

“25101. Corridor Identification and Development Program.

Ҥ 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, relevant States, and Amtrak, as appropriate, 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.—Every 5 years, after the initial development of the service development plan under subsection (d), 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.”

“Chapter 251. Passenger rail planning 25101”.

“(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.”

Ҥ 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.”

“20169. Speed limit action plans.”.

Ҥ 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.”

“20170. Pre-revenue service safety validation plan.”.

“(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.”

Ҥ 26103. Safety regulations and evaluation

“The Secretary—

“(1) shall promulgate such safety regulations as may be necessary for high-speed rail services;

“(2) shall, before promulgating such regulations, consult with developers of new high-speed rail technologies to develop a method for evaluating safety performance; and

“(3) may solicit feedback from relevant safety experts or representatives of rail employees who perform work on similar technology or who may be expected to perform work on new technology, as appropriate.”

“26103. Safety regulations and evaluation.”.

Ҥ 20171. Requirements for railroad freight cars placed into service in the United States

“(a) Definitions.—In this section:

“(1) Component.—The term ‘component’ means a part or subassembly of a railroad freight car.

“(2) Control.—The term ‘control’ means the power, whether direct or indirect and whether or not exercised, through the ownership of a majority or a dominant minority of the total outstanding voting interest in an entity, representation on the board of directors of an entity, proxy voting on the board of directors of an entity, a special share in the entity, a contractual arrangement with the entity, a formal or informal arrangement to act in concert with an entity, or any other means, to determine, direct, make decisions, or cause decisions to be made for the entity.

“(3) Cost of sensitive technology.—The term ‘cost of sensitive technology’ means the aggregate cost of the sensitive technology located on a railroad freight car.

“(4) Country of concern.—The term ‘country of concern’ means a country that—

“(A) is identified by the Department of Commerce as a nonmarket economy country (as defined in section 771(18) of the Tariff Act of 1930 (19 U.S.C. 1677(18))) as of the date of enactment of the Passenger Rail Expansion and Rail Safety Act of 2021;

“(B) was identified by the United States Trade Representative in the most recent report required by section 182 of the Trade Act of 1974 (19 U.S.C. 2242) as a foreign country included on the priority watch list (as defined in subsection (g)(3) of such section); and

“(C) is subject to monitoring by the Trade Representative under section 306 of the Trade Act of 1974 (19 U.S.C. 2416).

“(5) Net cost.—The term ‘net cost’ has the meaning given such term in chapter 4 of the USMCA or any subsequent free trade agreement between the United States, Mexico, and Canada.

“(6) Qualified facility.—The term ‘qualified facility’ means a facility that is not owned or under the control of a state-owned enterprise.

“(7) Qualified manufacturer.—The term ‘qualified manufacturer’ means a railroad freight car manufacturer that is not owned or under the control of a state-owned enterprise.

“(8) Railroad freight car.—The term ‘railroad freight car’ means a car designed to carry freight or railroad personnel by rail, including—

“(A) a box car;

“(B) a refrigerator car;

“(C) a ventilator car;

“(D) an intermodal well car;

“(E) a gondola car;

“(F) a hopper car;

“(G) an auto rack car;

“(H) a flat car;

“(I) a special car;

“(J) a caboose car;

“(K) a tank car; and

“(L) a yard car.

“(9) Sensitive technology.—The term ‘sensitive technology’ means any device embedded with electronics, software, sensors, or other connectivity, that enables the device to connect to, collect data from, or exchange data with another device, including—

“(A) onboard telematics;

“(B) remote monitoring software;

“(C) firmware;

“(D) analytics;

“(E) global positioning system satellite and cellular location tracking systems;

“(F) event status sensors;

“(G) predictive component condition and performance monitoring sensors; and

“(H) similar sensitive technologies embedded into freight railcar components and sub-assemblies.

“(10) State-owned enterprise.—The term ‘state-owned enterprise’ means—

“(A) an entity that is owned by, or under the control of, a national, provincial, or local government of a country of concern, or an agency of such government; or

“(B) an individual acting under the direction or influence of a government or agency described in subparagraph (A).

“(11) Substantially transformed.—The term ‘substantially transformed’ means a component of a railroad freight car that undergoes an applicable change in tariff classification as a result of the manufacturing process, as described in chapter 4 and related annexes of the USMCA or any subsequent free trade agreement between the United States, Mexico, and Canada.

“(12) USMCA.—The term ‘USMCA’ has the meaning given the term in section 3 of the United States-Mexico-Canada Agreement Implementation Act (19 U.S.C. 4502).

“(b) Requirements for Railroad Freight Cars.—

“(1) Limitation on railroad freight cars.—A railroad freight car wholly manufactured on or after the date that is 1 year after the date of issuance of the regulations required under subsection (c)(1) may only operate on the United States general railroad system of transportation if—

“(A) the railroad freight car is manufactured, assembled, and substantially transformed, as applicable, by a qualified manufacturer in a qualified facility;

“(B) none of the sensitive technology located on the railroad freight car, including components necessary to the functionality of the sensitive technology, originates from a country of concern or is sourced from a state-owned enterprise; and

“(C) none of the content of the railroad freight car, excluding sensitive technology, originates from a country of concern or is sourced from a state-owned enterprise that has been determined by a recognized court or administrative agency of competent jurisdiction and legal authority to have violated or infringed valid United States intellectual property rights of another including such a finding by a Federal district court under title 35 or the U.S. International Trade Commission under section 337 of the Tariff Act of 1930 (19 U.S.C. 1337).

“(2) Limitation on railroad freight car content.—