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Subtitle V (Rail Programs) of title 49,

United States Code, as amended by the

Infrastructure Investment and Jobs Act (IIJA)

CONTENTS

Part A—Safety............................................................................................................................................... 3

Chapter 201 – General .............................................................................................................................. 3

Sec. 20103. General Authority ......................................................................................................... 3

Sec. 20108. Research, Development, Testing, and Training ............................................................ 5

Sec. 20157. Implementation of Positive Train Control Systems ...................................................... 6

Sec. 20167. Reports on highway-rail grade crossing safety. .......................................................... 15

Sec. 20169. Speed limit action plans.............................................................................................. 16

Sec. 20170. Pre-revenue service safety validation plan................................................................. 18

Sec. 20171. Requirements for railroad freight cars placed into service in the United States .......18

Chapter 209............................................................................................................................................. 21

Sec. 20902. Investigations.............................................................................................................. 22

Chapter 213............................................................................................................................................. 22

Sec. 21301. Chapter 201 General Violations.................................................................................. 23

Part B—Assistance ...................................................................................................................................... 23

Chapter 224............................................................................................................................................. 23

Sec. 22401. Definitions................................................................................................................... 24

Sec. 22402. Direct loans and loan guarantees ............................................................................... 26

Sec. 22403. Administration of direct loans and loan guarantees .................................................. 35

Sec. 22404. Employee protection................................................................................................... 38

Sec. 22405. Substantive criteria and standards ............................................................................. 39

Sec. 22406. Authorization of appropriations. ................................................................................ 40

Chapter 229............................................................................................................................................. 40

Sec. 22905. Grant Conditions......................................................................................................... 40

Sec. 22907. Consolidated Rail Infrastructure and Safety Improvements.......................................44

Sec. 22908. Restoration and Enhancement Grants........................................................................ 48

Sec. 22909. Railroad crossing elimination program....................................................................... 51

Sec. 22910. Interstate rail compacts grant program...................................................................... 54
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Part C—Passenger Transportation.............................................................................................................. 55

Chapter 241............................................................................................................................................. 55

Sec. 24101. Findings, Mission, and Goals....................................................................................... 56

Chapter 243............................................................................................................................................. 57

Sec. 24302. Board of Directors....................................................................................................... 57

Sec. 24305. General Authority ....................................................................................................... 59

Sec. 24312. Labor Standards.......................................................................................................... 61

Sec. 24315. Reports and Audits...................................................................................................... 62

Sec. 24317. Accounts...................................................................................................................... 63

Sec. 24318. Costs and Revenues .................................................................................................... 66

Sec. 24319. Grant Process and reporting ....................................................................................... 67

Sec. 24320. Amtrak 5-Year service line and asset line plans Business Line and Asset Plans.........70

Sec. 24321. Food and beverage service Food and Beverage Reform ............................................75

Sec. 24323. Prohibition on smoking on Amtrak trains................................................................... 77

Chapter 247............................................................................................................................................. 77

Sec. 24706. Discontinuance............................................................................................................ 77

Sec. 24712. State-Supported Routes Operated by Amtrak............................................................ 78

Chapter 249............................................................................................................................................. 83

Sec. 24903. General Authority ....................................................................................................... 83

Sec. 24904. Northeast Corridor Planning ....................................................................................... 84

Sec. 24905. Northeast Corridor Commission; Safety Committee .................................................. 88

Sec. 24911. Federal-State Partnership for intercity passenger rail for State of Good Repair........92

Chapter 251............................................................................................................................................. 99

Sec. 25101. Corridor Identification and Development Program.................................................... 99

Part D—High-Speed Rail ........................................................................................................................... 103

Chapter 261........................................................................................................................................... 103

Sec. 26103. Safety Regulations and evaluation............................................................................ 103

Part E—Miscellaneous.............................................................................................................................. 103

Chapter 285........................................................................................................................................... 103

Sec. 28501. Definitions................................................................................................................. 103
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PART A—SAFETY

Chapter 201 – General 

Sec. 20103. General Authority

(a) Regulations and orders.--The Secretary of Transportation, as necessary, shall prescribe 

regulations and issue orders for every area of railroad safety supplementing laws and regulations 

in effect on October 16, 1970. When prescribing a security regulation or issuing a security order 

that affects the safety of railroad operations, the Secretary of Homeland Security shall consult 

with the Secretary.

(b) Regulations of practice for proceedings.--The Secretary shall prescribe regulations of practice 

applicable to each proceeding under this chapter. The regulations shall reflect the varying nature 

of the proceedings and include time limits for disposition of the proceedings. The time limit for 

disposition of a proceeding may not be more than 12 months after the date it begins.

(c) Consideration of information and standards.--In prescribing regulations and issuing orders 

under this section, the Secretary shall consider existing relevant safety information and 

standards.

(d) Nonemergency waivers.—

(1) In General.—The Secretary of Transportation may waive, or suspend the requirement 

to complyiance with, any part of a regulation prescribed or an order issued under this 

chapter if the such waiver or suspension is in the public interest and consistent with 

railroad safety. The Secretary shall make public the reasons for granting the waiver.

(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 
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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 or suspension; 

(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.—

(i) In General.—The Secretary shall publish the review and analysis 

required under this paragraph in the Federal Register, which shall include 

a summary of the data collected and all relevant underlying data, if the 

Secretary decides not to initiate a regulatory update under subparagraph 

(D). 

(ii) Notice of Proposed Rulemaking.—The review and analysis under this 

paragraph shall be included as part of the notice of proposed rulemaking if 

the Secretary initiates 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 or 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.

(e) Hearings.--The Secretary shall conduct a hearing as provided by section 553 of title 5 when 

prescribing a regulation or issuing an order under this part, including a regulation or order 

establishing, amending, or providing a waiver, described in subsection (d), of compliance with a 

railroad safety regulation prescribed or order issued under this part. An opportunity for an oral 

presentation shall be provided.

(f) Tourist railroad carriers.--In prescribing regulations that pertain to railroad safety that affect 

tourist, historic, scenic, or excursion railroad carriers, the Secretary of Transportation shall take 

into consideration any financial, operational, or other factors that may be unique to such railroad 

carriers. The Secretary shall submit a report to Congress not later than September 30, 1995, on 

actions taken under this subsection.

(g) Emergency waivers.--

(1) In general.--The Secretary may waive compliance with any part of a regulation 

prescribed or order issued under this part without prior notice and comment if the 

Secretary determines that--

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

(B) the waiver is not inconsistent with railroad safety; and
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(C) the waiver is necessary to address an actual or impending emergency situation 

or emergency event.

(2) Period of waiver.--A waiver under this subsection may be issued for a period of not 

more than 60 days and may be renewed upon application to the Secretary only after 

notice and an opportunity for a hearing on the waiver. The Secretary shall immediately 

revoke the waiver if continuation of the waiver would not be consistent with the goals 

and objectives of this part.

(3) Statement of reasons.--The Secretary shall state in the decision issued under this 

subsection the reasons for granting the waiver.

(4) Consultation.--In granting a waiver under this subsection, the Secretary shall consult 

and coordinate with other Federal agencies, as appropriate, for matters that may impact 

such agencies.

(5) Emergency situation; emergency event.--In this subsection, the terms “emergency 

situation” and “emergency event” mean a natural or manmade disaster, such as a 

hurricane, flood, earthquake, mudslide, forest fire, snowstorm, terrorist act, biological 

outbreak, release of a dangerous radiological, chemical, explosive, or biological material, 

or a war-related activity, that poses a risk of death, serious illness, severe injury, or 

substantial property damage. The disaster may be local, regional, or national in scope.

Sec. 20108. Research, Development, Testing, and Training

(a) General.--The Secretary of Transportation shall carry out, as necessary, research, 

development, testing, evaluation, and training for every area of railroad safety.

(b) Contracts.--To carry out this part, the Secretary may make contracts for, and carry out, 

research, development, testing, evaluation, and training (particularly for those areas of railroad 

safety found to need prompt attention).

(c) Amounts from non-Government sources for training safety employees.--The Secretary may 

request, receive, and expend amounts received from non-United States Government sources for 

expenses incurred in training safety employees of private industry, State and local authorities, or 

other public authorities, except State rail safety inspectors participating in training under section 

20105 of this title.

(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. 
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(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. 

(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 101 of the 

Higher Education Act of 1965 (20 U.S.C. 1001)) 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, project delivery, 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. 20157. Implementation of Positive Train Control Systems

(a) In general.--
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(1) Plan required.--Not later than 90 days after the date of enactment of the Positive Train 

Control Enforcement and Implementation Act of 2015, each Class I railroad carrier and 

each entity providing regularly scheduled intercity or commuter rail passenger 

transportation shall submit to the Secretary of Transportation a revised plan for 

implementing a positive train control system by December 31, 2018, governing 

operations on--

(A) its main line over which intercity rail passenger transportation or commuter 

rail passenger transportation, as defined in section 24102, is regularly provided;

(B) its main line over which poison- or toxic-by-inhalation hazardous materials, 

as defined in sections 171.8, 173.115, and 173.132 of title 49, Code of Federal 

Regulations, are transported; and

(C) such other tracks as the Secretary may prescribe by regulation or order.

(2) Implementation.--

(A) Contents of revised plan.--A revised plan required under paragraph (1) shall--

(i) describe--

(I) how the positive train control system will provide for 

interoperability of the system with the movements of trains of 

other railroad carriers over its lines; and

(II) how, to the extent practical, the positive train control system 

will be implemented in a manner that addresses areas of greater 

risk before areas of lesser risk;

(ii) comply with the positive train control system implementation plan 

content requirements under section 236.1011 of title 49, Code of Federal 

Regulations; and

(iii) provide--

(I) the calendar year or years in which spectrum will be acquired 

and will be available for use in each area as needed for positive 

train control system implementation, if such spectrum is not 

already acquired and available for use;

(II) the total amount of positive train control system hardware that 

will be installed for implementation, with totals separated by each 

major hardware category;

(III) the total amount of positive train control system hardware that 

will be installed by the end of each calendar year until the positive 

train control system is implemented, with totals separated by each 

hardware category;

(IV) the total number of employees required to receive training 

under the applicable positive train control system regulations;

(V) the total number of employees that will receive the training, as 

required under the applicable positive train control system 

regulations, by the end of each calendar year until the positive train 

control system is implemented;
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(VI) a summary of any remaining technical, programmatic, 

operational, or other challenges to the implementation of a positive 

train control system, including challenges with--

(aa) availability of public funding;

(bb) interoperability;

(cc) spectrum;

(dd) software;

(ee) permitting; and

(ff) testing, demonstration, and certification; and

(VII) a schedule and sequence for implementing a positive train 

control system by the deadline established under paragraph (1).

(B) Alternative schedule and sequence.--Notwithstanding the implementation 

deadline under paragraph (1) and in lieu of a schedule and sequence under 

paragraph (2)(A)(iii)(VII), a railroad carrier or other entity subject to paragraph 

(1) may include in its revised plan an alternative schedule and sequence for 

implementing a positive train control system, subject to review under paragraph 

(3). Such schedule and sequence shall provide for implementation of a positive 

train control system as soon as practicable, but not later than the date that is 24 

months after the implementation deadline under paragraph (1).

(C) Amendments.--A railroad carrier or other entity subject to paragraph (1) may 

file a request to amend a revised plan, including any alternative schedule and 

sequence, as applicable, in accordance with section 236.1021 of title 49, Code of 

Federal Regulations.

(D) Compliance.--A railroad carrier or other entity subject to paragraph (1) shall 

implement a positive train control system in accordance with its revised plan, 

including any amendments or any alternative schedule and sequence approved by 

the Secretary under paragraph (3).

(3) Secretarial review.--

(A) Notification.--A railroad carrier or other entity that submits a revised plan 

under paragraph (1) and proposes an alternative schedule and sequence under 

paragraph (2)(B) shall submit to the Secretary a written notification when such 

railroad carrier or other entity is prepared for review under subparagraph (B).

(B) Criteria.--Not later than 90 days after a railroad carrier or other entity submits 

a notification under subparagraph (A), the Secretary shall review the alternative 

schedule and sequence submitted pursuant to paragraph (2)(B) and determine 

whether the railroad carrier or other entity has demonstrated, to the satisfaction of 

the Secretary, that such carrier or entity has--

(i) installed all positive train control system hardware consistent with the 

plan contents provided pursuant to paragraph (2)(A)(iii)(II) on or before 

the implementation deadline under paragraph (1);

(ii) acquired all spectrum necessary for implementation of a positive train 

control system, consistent with the plan contents provided pursuant to 
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paragraph (2)(A)(iii)(I) on or before the implementation deadline under 

paragraph (1);

(iii) completed employee training required under the applicable positive 

train control system regulations;

(iv) included in its revised plan an alternative schedule and sequence for 

implementing a positive train control system as soon as practicable, 

pursuant to paragraph (2)(B);

(v) certified to the Secretary in writing that it will be in full compliance 

with the requirements of this section on or before the date provided in an 

alternative schedule and sequence, subject to approval by the Secretary;

(vi) in the case of a Class I railroad carrier and Amtrak, implemented a 

positive train control system or initiated revenue service demonstration on 

the majority of territories, such as subdivisions or districts, or route miles 

that are owned or controlled by such carrier and required to have 

operations governed by a positive train control system; and

(vii) in the case of any other railroad carrier or other entity not subject to 

clause (vi)--

(I) initiated revenue service demonstration on at least 1 territory 

that is required to have operations governed by a positive train 

control system; or

(II) met any other criteria established by the Secretary.

(C) Decision.--

(i) In general.--Not later than 90 days after the receipt of the notification 

from a railroad carrier or other entity under subparagraph (A), the 

Secretary shall--

(I) approve an alternative schedule and sequence submitted 

pursuant to paragraph (2)(B) if the railroad carrier or other entity 

meets the criteria in subparagraph (B); and

(II) notify in writing the railroad carrier or other entity of the 

decision.

(ii) Deficiencies.--Not later than 45 days after the receipt of the 

notification under subparagraph (A), the Secretary shall provide to the 

railroad carrier or other entity a written notification of any deficiencies 

that would prevent approval under clause (i) and provide the railroad 

carrier or other entity an opportunity to correct deficiencies before the date 

specified in such clause.

(D) Revised deadlines.--

(i) Pending reviews.--For a railroad carrier or other entity that submits a 

notification under subparagraph (A), the deadline for implementation of a 

positive train control system required under paragraph (1) shall be 

extended until the date on which the Secretary approves or disapproves the 

alternative schedule and sequence, if such date is later than the 

implementation date under paragraph (1).
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(ii) Alternative schedule and sequence deadline.--If the Secretary approves 

a railroad carrier or other entity's alternative schedule and sequence under 

subparagraph (C)(i), the railroad carrier or other entity's deadline for 

implementation of a positive train control system required under 

paragraph (1) shall be the date specified in that railroad carrier or other 

entity's alternative schedule and sequence. The Secretary may not approve 

a date for implementation that is later than 24 months from the deadline in 

paragraph (1).

(b) Technical assistance.--The Secretary may provide technical assistance and guidance to 

railroad carriers in developing the plans required under subsection (a).

(c) Progress reports and review.--

(1) Progress reports.--Each railroad carrier or other entity subject to subsection (a) shall, 

not later than March 31, 2016, and annually thereafter until such carrier or entity has 

completed implementation of a positive train control system, submit to the Secretary a 

report on the progress toward implementing such systems, including--

(A) the information on spectrum acquisition provided pursuant to subsection 

(a)(2)(A)(iii)(I);

(B) the totals provided pursuant to subclauses (III) and (V) of subsection 

(a)(2)(A)(iii), by territory, if applicable;

(C) the extent to which the railroad carrier or other entity is complying with the 

implementation schedule under subsection (a)(2)(A)(iii)(VII) or subsection 

(a)(2)(B);

(D) any update to the information provided under subsection (a)(2)(A)(iii)(VI);

(E) for each entity providing regularly scheduled intercity or commuter rail 

passenger transportation, a description of the resources identified and allocated to 

implement a positive train control system;

(F) for each railroad carrier or other entity subject to subsection (a), the total 

number of route miles on which a positive train control system has been initiated 

for revenue service demonstration or implemented, as compared to the total 

number of route miles required to have a positive train control system under 

subsection (a); and

(G) any other information requested by the Secretary.

(2) Plan review.--The Secretary shall at least annually conduct reviews to ensure that 

railroad carriers or other entities are complying with the revised plan submitted under 

subsection (a), including any amendments or any alternative schedule and sequence 

approved by the Secretary. Such railroad carriers or other entities shall provide such 

information as the Secretary determines necessary to adequately conduct such reviews.

(3) Public availability.--Not later than 60 days after receipt, the Secretary shall make 

available to the public on the Internet Web site of the Department of Transportation any 

report submitted pursuant to paragraph (1) or subsection (d), but may exclude, as the 

Secretary determines appropriate--

(A) proprietary information; and
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(B) security-sensitive information, including information described in section 

1520.5(a) of title 49, Code of Federal Regulations.

(d) Report to Congress.--Not later than July 1, 2018, the Secretary shall transmit to the 

Committee on Transportation and Infrastructure of the House of Representatives and the 

Committee on Commerce, Science, and Transportation of the Senate a report on the progress of 

each railroad carrier or other entity subject to subsection (a) in implementing a positive train 

control system.

(e) Enforcement.--The Secretary is authorized to assess civil penalties pursuant to chapter 213 

for--

(1) a violation of this section;

(2) the failure to submit or comply with the revised plan required under subsection (a), 

including the failure to comply with the totals provided pursuant to subclauses (III) and 

(V) of subsection (a)(2)(A)(iii) and the spectrum acquisition dates provided pursuant to 

subsection (a)(2)(A)(iii)(I);

(3) failure to comply with any amendments to such revised plan pursuant to subsection 

(a)(2)(C); and

(4) the failure to comply with an alternative schedule and sequence submitted under 

subsection (a)(2)(B) and approved by the Secretary under subsection (a)(3)(C).

(f) Other railroad carriers.--Nothing in this section restricts the discretion of the Secretary to 

require railroad carriers other than those specified in subsection (a) to implement a positive train 

control system pursuant to this section or section 20156, or to specify the period by which 

implementation shall occur that does not exceed the time limits established in this section or 

section 20156. In exercising such discretion, the Secretary shall, at a minimum, consider the risk 

to railroad employees and the public associated with the operations of the railroad carrier.

(g) Regulations.--

(1) In general.--The Secretary shall prescribe regulations or issue orders necessary to 

implement this section, including regulations specifying in appropriate technical detail 

the essential functionalities of positive train control systems, and the means by which 

those systems will be qualified.

(2) Conforming regulatory amendments.--Immediately after the date of the enactment of 

the Positive Train Control Enforcement and Implementation Act of 2015, the Secretary--

(A) shall remove or revise the date-specific deadlines in the regulations or orders 

implementing this section to the extent necessary to conform with the 

amendments made by such Act; and

(B) may not enforce any such date-specific deadlines or requirements that are 

inconsistent with the amendments made by such Act.

(3) Review.--Nothing in the Positive Train Control Enforcement and Implementation Act 

of 2015, or the amendments made by such Act, shall be construed to require the Secretary 

to issue regulations to implement such Act or amendments other than the regulatory 

amendments required to conform with this section.

(4) Clarification.--

(A) Prohibitions.--The Secretary is prohibited from--
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(i) approving or disapproving a revised plan submitted under subsection 

(a)(1);

(ii) considering a revised plan under subsection (a)(1) as a request for 

amendment under section 236.1021 of title 49, Code of Federal 

Regulations; or

(iii) requiring the submission, as part of the revised plan under subsection 

(a)(1), of--

(I) only a schedule and sequence under subsection 

(a)(2)(A)(iii)(VII); or

(II) both a schedule and sequence under subsection 

(a)(2)(A)(iii)(VII) and an alternative schedule and sequence under 

subsection (a)(2)(B).

(B) Civil penalty authority.--Except as provided in paragraph (2) and this 

paragraph, nothing in this subsection shall be construed to limit the Secretary's 

authority to assess civil penalties pursuant to subsection (e), consistent with the 

requirements of this section.

(C) Retained review authority.--The Secretary retains the authority to review 

revised plans submitted under subsection (a)(1) and is authorized to require 

modifications of those plans to the extent necessary to ensure that such plans 

include the descriptions under subsection (a)(2)(A)(i), the contents under 

subsection (a)(2)(A)(ii), and the year or years, totals, and summary under 

subsection (a)(2)(A)(iii)(I) through (VI).

(h) Certification.--

(1) In general.--The Secretary shall not permit the installation of any positive train control 

system or component in revenue service unless the Secretary has certified that any such 

system or component has been approved through the approval process set forth in part 

236 of title 49, Code of Federal Regulations, and complies with the requirements of that 

part.

(2) Provisional operation.--Notwithstanding the requirements of paragraph (1), the 

Secretary may authorize a railroad carrier or other entity to commence operation in 

revenue service of a positive train control system or component to the extent necessary to 

enable the safe implementation and operation of a positive train control system in phases.

(i) Definitions.--In this section:

(1) Equivalent or greater level of safety.--The term “equivalent or greater level of safety” 

means the compliance of a railroad carrier with--

(A) appropriate operating rules in place immediately prior to the use or 

implementation of such carrier's positive train control system, except that such 

rules may be changed by such carrier to improve safe operations; and

(B) all applicable safety regulations, except as specified in subsection (j).

(2) Hardware.--The term “hardware” means a locomotive apparatus, a wayside interface 

unit (including any associated legacy signal system replacements), switch position 

monitors needed for a positive train control system, physical back office system 
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equipment, a base station radio, a wayside radio, a locomotive radio, or a communication 

tower or pole.

(3) Interoperability.--The term “interoperability” means the ability to control locomotives 

of the host railroad and tenant railroad to communicate with and respond to the positive 

train control system, including uninterrupted movements over property boundaries.

(4) Main line.--The term “main line” means a segment or route of railroad tracks over 

which 5,000,000 or more gross tons of railroad traffic is transported annually, except 

that--

(A) the Secretary may, through regulations under subsection (g), designate 

additional tracks as main line as appropriate for this section; and

(B) for intercity rail passenger transportation or commuter rail passenger 

transportation routes or segments over which limited or no freight railroad 

operations occur, the Secretary shall define the term “main line” by regulation.

(5) Positive train control system.--The term “positive train control system” means a 

system designed to prevent train-to-train collisions, over-speed derailments, incursions 

into established work zone limits, and the movement of a train through a switch left in the 

wrong position.

(j) Early adoption.--

(1) Operations.--From the date of enactment of the Positive Train Control Enforcement 

and Implementation Act of 2015 through the 1-year period beginning on the date on 

which the last Class I railroad carrier's positive train control system subject to subsection 

(a) is certified by the Secretary under subsection (h)(1) of this section and is implemented 

on all of that railroad carrier's lines required to have operations governed by a positive 

train control system, any railroad carrier, including any railroad carrier that has its 

positive train control system certified by the Secretary, shall not be subject to the 

operational restrictions set forth in sections 236.567 and 236.1029 of title 49, Code of 

Federal Regulations, that would apply where a controlling locomotive that is operating in, 

or is to be operated in, a positive train control-equipped track segment experiences a 

positive train control system failure, a positive train control operated consist is not 

provided by another railroad carrier when provided in interchange, or a positive train 

control system otherwise fails to initialize, cuts out, or malfunctions, provided that such 

carrier operates at an equivalent or greater level of safety than the level achieved 

immediately prior to the use or implementation of its positive train control system.

(2) Safety assurance.--During the period described in paragraph (1), if a positive train 

control system that has been certified and implemented fails to initialize, cuts out, or 

malfunctions, the affected railroad carrier or other entity shall make reasonable efforts to 

determine the cause of the failure and adjust, repair, or replace any faulty component 

causing the system failure in a timely manner.

(3) Plans.--The positive train control safety plan for each railroad carrier or other entity 

shall describe the safety measures, such as operating rules and actions to comply with 

applicable safety regulations, that will be put in place during any system failure.

(4) Notification.--During the period described in paragraph (1), if a positive train control 

system that has been certified and implemented fails to initialize, cuts out, or 
*** For Informational Purposes Only ***

14

malfunctions, the affected railroad carrier or other entity shall submit a notification to the 

appropriate regional office of the Federal Railroad Administration within 7 days of the 

system failure, or under alternative location and deadline requirements set by the 

Secretary, and include in the notification a description of the safety measures the affected 

railroad carrier or other entity has in place.

(k) Small railroads.--Not later than 120 days after the date of the enactment of this Act, the 

Secretary shall amend section 236.1006(b)(4)(iii)(B) of title 49, Code of Federal Regulations 

(relating to equipping locomotives for applicable Class II and Class III railroads operating in 

positive train control territory) to extend each deadline under such section by 3 years.

(l) Revenue service demonstration.--When a railroad carrier or other entity subject to (a)(1)

notifies the Secretary it is prepared to initiate revenue service demonstration, it shall also notify 

any applicable tenant railroad carrier or other entity subject to subsection (a)(1).

(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. 
*** For Informational Purposes Only ***

15

(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 though 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. 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 highwayrail 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 
*** For Informational Purposes Only ***

16

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 non-vehicular 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.

Sec. 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—
*** For Informational Purposes Only ***

17

(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 
*** For Informational Purposes Only ***

18

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 risk of overspeed 

derailment.

Sec. 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.

Sec. 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. 
*** For Informational Purposes Only ***

19

(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 Tarif Act of 1930 (19 U.S.C. 

1677(18))) as 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; 
*** For Informational Purposes Only ***

20

(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.—

(A) Percentage limitation.—

(i) Initial limitation.—Not later than 1 year after the date of issuance of the 

regulations required under subsection (c)(1), a railroad freight car 

described in paragraph (1) may operate on the United States general 

railroad system of transportation only if not more than 20 percent of the 

content of the railroad freight car, calculated by the net cost of all 

components of the car and excluding the cost of sensitive technology, 

originates from a country of concern or is sourced from a state-owned 

enterprise. 

(ii) Subsequent limitation.—Effective beginning on the date that is 3 years 
*** For Informational Purposes Only ***

21

after the date of issuance of the regulations required under subsection 

(c)(1), a railroad freight car described in paragraph (1) may operate on the 

United States general railroad system of transportation only if not more 

than 15 percent of the content of the railroad freight car, calculated by the 

net cost of all components of the car and excluding the cost of sensitive 

technology, originates from a country of concern or is sourced from a 

state-owned enterprise.

(B) Conflict.—The percentages specified in clauses (i) and (ii) of subparagraph 

(A), as applicable, shall apply notwithstanding any apparent conflict with 

provisions of chapter 4 of the USMCA. 

(c) Regulations and penalties.—

(1) Regulations required.—Not later than 2 years after the date of enactment of the 

Passenger Rail Expansion and Rail Safety Act of 2021, the Secretary of Transportation 

shall issue such regulations as are necessary to carry out this section, including for the 

monitoring and sensitive technology requirements of this section. 

(2) Certification required.—To be eligible to provide a railroad freight car for operation

on the United States general railroad system of transportation, the manufacturer of such 

car shall annually certify to the Secretary of Transportation that any railroad freight cars 

to be so provided meet the requirements under this section. 

(3) Compliance.—

(A) Valid certification required.—At the time a railroad freight car begins 

operation on the United States general railroad system of transportation, the 

manufacturer of such railroad freight car shall have valid certification described in 

paragraph (2) for the year in which such car begins operation. 

(B) Registration of noncompliant cars prohibited.—A railroad freight car 

manufacturer may not register, or cause to be registered, a railroad freight car that 

does not comply with the requirements under this section in the Association of 

American Railroad’s Umler system. 

(4) Civil penalties.—

(A) In general.—Pursuant to section 21301, the Secretary of Transportation may 

assess a civil penalty of not less than $100,000, but not more than $250,000, for 

each violation of this section for each railroad freight car. 

(B) Prohibition on operation for violations.—The Secretary of Transportation may 

prohibit a railroad freight car manufacturer with respect to which the Secretary 

has assessed more than 3 violations under subparagraph (A) from providing 

additional railroad freight cars for operation on the United States general railroad 

system of transportation until the Secretary determines—

(i) such manufacturer is in compliance with this section; and 

(ii) all civil penalties assessed to such manufacturer pursuant to 

subparagraph (A) have been paid in full. 

Chapter 209
*** For Informational Purposes Only ***

22

Sec. 20902. Investigations

(a) General authority.--The Secretary of Transportation, or an impartial investigator authorized 

by the Secretary, may investigate--

(1) an accident or incident resulting in serious injury to an individual or to railroad 

property, occurring on the railroad line of a railroad carrier; and

(2) an accident or incident reported under section 20505 of this title.

(b) Other duties and powers.--In carrying out an investigation, the Secretary or authorized 

investigator may subpoena subpena witnesses, require the production of records, exhibits, and 

other evidence, administer oaths, and take testimony. If the accident or incident is investigated 

by a commission of the State in which it occurred, the Secretary, if convenient, shall carry out 

the investigation at the same time as, and in coordination with, the commission's investigation. 

The railroad carrier on whose railroad line the accident or incident occurred shall provide 

reasonable facilities to the Secretary for the investigation.

(c) Reports.--When in the public interest, the Secretary shall make a report of the investigation, 

stating the cause of the accident or incident and making recommendations the Secretary 

considers appropriate. The Secretary shall publish the report in a way the Secretary considers 

appropriate.

(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.

Chapter 213
*** For Informational Purposes Only ***

23

Sec. 21301. Chapter 201 General Violations

(a) Penalty.—

(1) A person may not fail to comply with section 20160 or with a regulation prescribed or 

order issued by the Secretary of Transportation under chapter 201 of this title. Subject to 

section 21304 of this title, a person violating section 20160 of this title or a regulation 

prescribed or order issued by the Secretary under chapter 201 is liable to the United 

States Government for a civil penalty. The Secretary shall impose the penalty applicable 

under paragraph (2) of this subsection. A separate violation occurs for each day the 

violation continues.

(2) The Secretary shall include in, or make applicable to, each regulation prescribed and 

order issued under chapter 201 of this title a civil penalty for a violation. The Secretary 

shall impose a civil penalty for a violation of section 20160 of this title. The amount of 

the penalty shall be at least $500 but not more than $25,000. However, when a grossly 

negligent violation or a pattern of repeated violations has caused an imminent hazard of 

death or injury to individuals, or has caused death or injury, the amount may be not more 

than $100,000.

(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. Imposed under this subsection to not less than $500 before referring the matter to 

the Attorney General for collection. 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.

(b) Setoff.—The Government may deduct the amount of a civil penalty imposed or compromised 

under this section from amounts it owes the person liable for the penalty.

(c) Deposit in Treasury.—A civil penalty collected under this section or section 20113(b) of this 

title shall be deposited in the Treasury as miscellaneous receipts.

PART B—ASSISTANCE

Chapter 224
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24

Sec. 22401. Definitions

In this chapter:

(1) Cost.—

(A) The term “cost” means the estimated long-term cost to the Government of a direct 

loan or loan guarantee or modification thereof, calculated on a net present value basis, 

excluding administrative costs and any incidental effects on governmental receipts or 

outlays.

(B) The cost of a direct loan shall be the net present value, at the time when the direct 

loan is disbursed, of the following estimated cash flows:

(i) Loan disbursements.

(ii) Repayments of principal.

(iii) Payments of interest and other payments by or to the Government over the 

life of the loan after adjusting for estimated defaults, prepayments, fees, penalties, 

and other recoveries.

Calculation of the cost of a direct loan shall include the effects of changes in loan 

terms resulting from the exercise by the borrower of an option included in the 

loan contract.

(C) The cost of a loan guarantee shall be the net present value, at the time when the 

guaranteed loan is disbursed, of the following estimated cash flows:

(i) Payments by the Government to cover defaults and delinquencies, interest 

subsidies, or other payments.

(ii) Payments to the Government, including origination and other fees, penalties, 

and recoveries.

Calculation of the cost of a loan guarantee shall include the effects of changes in 

loan terms resulting from the exercise by the guaranteed lender of an option 

included in the loan guarantee contract, or by the borrower of an option included 

in the guaranteed loan contract.

(D) The cost of a modification is the difference between the current estimate of the net 

present value of the remaining cash flows under the terms of a direct loan or loan 

guarantee contract, and the current estimate of the net present value of the remaining cash 

flows under the terms of the contract, as modified.

(E) In estimating net present values, the discount rate shall be the average interest rate on 

marketable Treasury securities of similar maturity to the cash flows of the direct loan or 

loan guarantee for which the estimate is being made.

(F) When funds are obligated for a direct loan or loan guarantee, the estimated cost shall 

be based on the current assumptions, adjusted to incorporate the terms of the loan 

contract, for the fiscal year in which the funds are obligated.

(2) Current.—The term “current” has the same meaning as in section 900(c)(9) of title 2.

(3) Direct Loan.—The term “direct loan” means a disbursement of funds by the Government to a 

non-Federal borrower under a contract that requires the repayment of such funds. The term 

includes the purchase of, or participation in, a loan made by another lender and financing 

arrangements that defer payment for more than 90 days, including the sale of a Government asset 
*** For Informational Purposes Only ***

25

on credit terms. The term does not include the acquisition of a federally guaranteed loan in 

satisfaction of default claims.

(4) Direct Loan Obligation.—The term “direct loan obligation” means a binding agreement by 

the Secretary to make a direct loan when specified conditions are fulfilled by the borrower.

(5) Intermodal.—The term “intermodal” means of or relating to the connection between rail 

service and other modes of transportation, including all parts of facilities at which such 

connection is made.

(6) Investment-grade rating.—The term “investment-grade rating” means a rating of BBB minus, 

Baa 3, bbb minus, BBB(low), or higher assigned by a rating agency.

(7) Loan Guarantee.—The term “loan guarantee” means any guarantee, insurance, or other 

pledge with respect to the payment of all or a part of the principal or interest on any debt 

obligation of a non-Federal borrower to a non-Federal lender, but does not include the insurance 

of deposits, shares, or other withdrawable accounts in financial institutions.

(8) Loan Guarantee Commitment.—The term “loan guarantee commitment” means a binding 

agreement by the Secretary to make a loan guarantee when specified conditions are fulfilled by 

the borrower, the lender, or any other party to the guarantee agreement.

(9) Master credit agreement.—The term “master credit agreement” means an agreement to make 

1 or more direct loans or loan guarantees at future dates for a program of related projects on 

terms acceptable to the Secretary.

(10) Modification.—The term “modification” means any Government action that alters the 

estimated cost of an outstanding direct loan (or direct loan obligation) or an outstanding loan 

guarantee (or loan guarantee commitment) from the current estimate of cash flows. This includes 

the sale of loan assets, with or without recourse, and the purchase of guaranteed loans. This also 

includes any action resulting from new legislation, or from the exercise of administrative 

discretion under existing law, that directly or indirectly alters the estimated cost of outstanding 

direct loans (or direct loan obligations) or loan guarantees (or loan guarantee commitments) such 

as a change in collection procedures.

(11) Project obligation.—The term “project obligation” means a note, bond, debenture, or other 

debt obligation issued by a borrower in connection with the financing of a project, other than a 

direct loan or loan guarantee under this chapter.

(12) Railroad.—The term “railroad” includes—

(A) any railroad or railroad carrier (as such terms are defined in section 20102); and 

(B) any rail carrier (as defined in section 24102).

(13) Rating Agency.—The term “rating agency” means a credit rating agency registered with the 

Securities and Exchange Commission as a nationally recognized statistical rating organization 

(as defined in section 78c(a) of title 15).

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

(15) Substantial Completion.—The term “substantial completion” means—

(A) the opening of a project to passenger or freight traffic; or

(B) a comparable event, as determined by the Secretary and specified in the terms of the 

direct loan or loan guarantee provided by the Secretary.
*** For Informational Purposes Only ***

26

Sec. 22402. Direct loans and loan guarantees

(a) General authority

The Secretary shall provide direct loans and loan guarantees to--

(1) State and local governments;

(2) entities implementing interstate compacts consented to by Congress under section 

410(a) of the Amtrak Reform and Accountability Act of 1997 (49 U.S.C. 24101 note);

(3) government sponsored authorities and corporations;

(4) railroads;

(5) entities participating in joint ventures that include at least 1 of the entities described in 

paragraph (1), (2), (3), (4), or (6); 

(6) limited option freight shippers that own or operate a plant or other facility, solely for 

the purpose of constructing a rail connection between a plant or facility and a railroad; 

and 

(7) private entities with controlling ownership in 1 or more freight railroads other than 

Class I carriers. 

(b) Eligible purposes.--

(1) In general.—Direct loans and loan guarantees authorized under this section shall be 

used—

(A) to acquire, improve, or rehabilitate intermodal or rail equipment or facilities, 

including track, components of track, cuts and fills, stations, tunnels, bridges, 

yards, buildings, and shops, and to finance costs related to those activities, 

including pre-construction costs;

(B) to develop or establish new intermodal or railroad facilities;

(C) to develop landside port infrastructure for seaports serviced by rail;

(D) to refinance outstanding debt incurred for the purposes described in 

subparagraph (A), (B), or (C); 

(E) to reimburse planning, permitting, and design expenses relating to activities 

described in subparagraph (A), (B), or (C); or

(F) to finance economic development, including commercial and residential 

development, and related infrastructure and activities, that—

(i) incorporates private investment of greater than 20 percent of total 

project costs;

(ii) is physically connected to, or is within 1⁄2 mile of, a fixed guideway 

transit station, an intercity bus station, a passenger rail station, or a 

multimodal station, provided that the location includes service by a 

railroad; 

(iii) demonstrates the ability of the applicant to commence the contracting 

process for construction not later than 90 days after the date on which the 

direct loan or loan guarantee is obligated for the project under this chapter; 

and 

(iv) demonstrates the ability to generate new revenue for the relevant 

passenger rail station or service by increasing ridership, increasing tenant 
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27

lease payments or carrying out other activities that generate revenue 

exceeding costs.

(2) Operating expenses not eligible

Direct loans and loan guarantees under this section shall not be used for railroad 

operating expenses.

(c) Priority projects

In granting applications for direct loans or guaranteed loans under this section, the Secretary 

shall give priority to projects that--

(1) enhance public safety, including projects for the installation of a positive train control 

system (as defined in section 20157(i));

(2) promote economic development;

(3) enhance the environment;

(4) enable United States companies to be more competitive in international markets;

(5) are endorsed by the plans prepared under section 135 of Title 23 or this title by the 

State or States in which they are located;

(6) improve railroad stations and passenger facilities and increase transit-oriented 

development;

(7) preserve or enhance rail or intermodal service to small communities or rural areas;

(8) enhance service and capacity in the national rail system; or

(9) would materially alleviate rail capacity problems which degrade the provision of

service to shippers and would fulfill a need in the national transportation system.

(d) Extent of authority

The aggregate unpaid principal amounts of obligations under direct loans and loan guarantees 

made under this section shall not exceed $35,000,000,000 at any one time. Of this amount, not 

less than $7,000,000,000 shall be available solely for projects primarily benefiting freight 

railroads other than Class I carriers. The Secretary shall not establish any limit on the proportion 

of the unused amount authorized under this subsection that may be used for 1 loan or loan 

guarantee.

(e) Rates of interest.--

(1) Direct loans.—The interest rate on a direct loan under this section shall be not less 

than the yield on United States Treasury securities of a similar maturity to the maturity of 

the second loan on the date of execution of the loan agreement. 

(2) Loan guarantees

The Secretary shall not make a loan guarantee under this section if the interest rate for the 

loan exceeds that which the Secretary determines to be reasonable, taking into 

consideration the prevailing interest rates and customary fees incurred under similar 

obligations in the private capital market.

(f) Infrastructure partners

(1) Authority of Secretary

In lieu of or in combination with appropriations of budget authority to cover the costs of 

direct loans and loan guarantees as required under section 661c(b)(1) of Title 2, including 

the cost of a modification thereof, the Secretary may accept on behalf of an applicant for 

assistance under this section a commitment from a non-Federal source, including a State 
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28

or local government or agency or public benefit corporation or public authority thereof, to 

fund in whole or in part credit risk premiums and modification costs with respect to the 

loan that is the subject of the application or modification. In no event shall the aggregate 

of appropriations of budget authority and credit risk premiums described in this 

paragraph with respect to a direct loan or loan guarantee be less than the cost of that 

direct loan or loan guarantee.

(2) Credit risk premium amount

The Secretary shall determine the amount required for credit risk premiums under this 

subsection on the basis of--

(A) the circumstances of the applicant, including the amount of collateral offered, 

if any;

(B) the proposed schedule of loan disbursements;

(C) historical data on the repayment history of similar borrowers;

(D) consultation with the Congressional Budget Office; and

(E) any other factors the Secretary considers relevant.

(F) Redesignated (E)

(3) Creditworthiness

Upon receipt of a proposal from an applicant under this section the Secretary shall accept 

as a basis for determining the amount of the credit risk premium under paragraph (2) any 

of the following in addition to the value of any collateral described in paragraph (6):

(A) The net present value of a future stream of State or local subsidy income or 

other dedicated revenues to secure the direct loan or loan guarantee.

(B) Adequate coverage requirements to ensure repayment, on a non-recourse 

basis, from cash flows generated by the project or any other dedicated revenue 

source, including--

(i) tolls;

(ii) user fees, including operating or tenant charges, facility rents, or other 

fees paid by transportation service providers or operators for access to, or 

the use of, infrastructure, including rail lines, bridges, tunnels, yards, or 

stations; or

(iii) payments owing to the obligor under a public-private partnership.

(C) An investment-grade rating on the direct loan or loan guarantee, as applicable, 

except that if the total amount of the direct loan or loan guarantee is greater than 

$150,000,000, the applicant shall have an investment-grade rating from at least 2 

rating agencies on the direct loan or loan guarantee.

(D) Revenue from projected freight or passenger demand for the project based on 

regionally developed economic forecasts, including projections of any modal 

diversion resulting from the project.

(4) Payment of premiums

Credit risk premiums under this subsection shall be paid to the Secretary before the 

disbursement of loan amounts (and in the case of a modification, before the modification 

is executed), to the extent appropriations are not available to the Secretary to meet the 

costs of direct loans and loan guarantees, including costs of modifications thereof.
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29

(5) Cohorts of Loans.—Subject to the availability of funds appropriated by Congress 

under section 22406(a)(2), for any direct loan issued before the date of enactment of the 

Fixing America’s Surface Transportation Act (Public Law 114-94) pursuant to sections 

501 through 504 of the Railroad Revitalization and Regulatory Reform Act of 1976 

(Public Law 94-210), the Secretary shall repay the credit risk premiums of such loan, 

with interest accrued thereon, not later than—

(A) 60 days after the date of enactment of the Surface Transportation Investment 

Act of 2021 if the borrower has satisfied all obligations attached to such loan; or 

(B) if the borrower has not yet satisfied all obligations attached to such loan, 60 

days after the date on which all obligations attached to such loan have been 

satisfied. 

(6) Collateral.—

(A) Types of collateral.—An applicant or infrastructure partner may propose 

tangible and intangible assets as collateral, exclusive of goodwill. The Secretary, 

after evaluating each such asset—

(i) shall accept a net liquidation value of collateral; and 

(ii) shall consider and may accept—

(I) the market value of collateral; or 

(II) in the case of a blanket pledge or assignment of an entire 

operating asset or basket of assets as collateral, the market value of 

assets, or, the market value of the going concern, considering—

(aa) inclusion in the pledge of all the assets necessary for 

independent operational utility of the collateral, including 

tangible assets such as real property, track and structure, 

motive power, equipment and rolling stock, stations, 

systems and maintenance facilities and intangible assets 

such as long-term shipping agreements, easements, leases 

and access rights such as for trackage and haulage; 

(bb) interchange commitments; and 

(cc) the value of the asset as determined through the cost or 

market approaches, or the market value of the going 

concern, with the latter considering discounted cash flows 

for a period not to exceed the term of the direct loan or loan 

guarantee.

(B) Appraisal standards.—In evaluating appraisals of collateral under 

subparagraph (A), the Secretary shall consider—

(i) adherence to the substance and principles of the Uniform Standards of 

Professional Appraisal Practice, as developed by the Appraisal Standards 

Board of the Appraisal Foundation; and

(ii) the qualifications of the appraisers to value the type of collateral 

offered.

(7) Repayment of credit risk premiums.—The Secretary shall return credit risk premiums 
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30

paid, and interest accrued on such premiums, to the original source when all obligations 

of a loan or loan guarantee have been satisfied. This paragraph applies to any project that 

has been granted assistance under this section after the date of enactment of the Surface 

Transportation Investment Act of 2021. 

(g) Prerequisites for assistance

The Secretary shall not make a direct loan or loan guarantee under this section unless the 

Secretary has made a finding in writing that--

(1) repayment of the obligation is required to be made within a term that is not longer 

than the shorter of--

(A) 75 years after the date of substantial completion of the project; 

(B) the estimated useful life of the rail equipment or facilities to be acquired, 

rehabilitated, improved, developed, or established, subject to an adequate 

determination of long-term risk; or

(C) for projects determined to have an estimated useful life that is longer than 35 

years, the period that is equal to the sum of—

(i) 35 years; and 

(ii) the product of—

(I) the difference between the estimated useful life and 35 years; 

multiplied by

(II) 75 percent.

(h) Conditions of assistance

(1) The Secretary shall, before granting assistance under this section, require the 

applicant to agree to such terms and conditions as are sufficient, in the judgment of the 

Secretary, to ensure that, as long as any principal or interest is due and payable on such 

obligation, the applicant, and any railroad or railroad partner for whose benefit the 

assistance is intended--

(A) will not use any funds or assets from railroad or intermodal operations for 

purposes not related to such operations, if such use would impair the ability of the 

applicant, railroad, or railroad partner to provide rail or intermodal services in an 

efficient and economic manner, or would adversely affect the ability of the 

applicant, railroad, or railroad partner to perform any obligation entered into by 

the applicant under this section;

(B) will, consistent with its capital resources, maintain its capital program, 

equipment, facilities, and operations on a continuing basis; and

(C) will not make any discretionary dividend payments that unreasonably conflict 

with the purposes stated in subsection (b).

(2) The Secretary shall not require an applicant for a direct loan or loan guarantee under 

this section to provide collateral. Any collateral provided or thereafter enhanced shall be 

valued as a going concern after giving effect to the present value of improvements 

contemplated by the completion and operation of the project, if applicable. The Secretary 

shall not require that an applicant for a direct loan or loan guarantee under this section 

have previously sought the financial assistance requested from another source.
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31

(3) The Secretary shall require recipients of direct loans or loan guarantees under this 

section to comply with--

(A) the standards of section 24312, with respect to the project in the same manner 

that Amtrak is required to comply with such standards for construction work 

financed under an agreement made under section 24308(a); and

(B) the protective arrangements established under section 22404, with respect to 

employees affected by actions taken in connection with the project to be financed 

by the loan or loan guarantee.

(4) The Secretary shall require each recipient of a direct loan or loan guarantee under this 

section for a project described in subsection (b)(1)(F) to provide a non-Federal match of 

not less than 25 percent of the total amount expended by the recipient for such project.

(i) Application processing procedures

(1) Application status notices

Not later than 30 days after the date that the Secretary receives an application under this 

section, or additional information and material under paragraph (2)(B), the Secretary 

shall provide the applicant written notice as to whether the application is complete or 

incomplete.

(2) Incomplete applications

If the Secretary determines that an application is incomplete, the Secretary shall--

(A) provide the applicant with a description of all of the specific information or 

material that is needed to complete the application, including any information 

required by an independent financial analyst; and

(B) allow the applicant to resubmit the application with the information and 

material described under subparagraph (A) to complete the application.

(3) Application approvals and disapprovals

(A) In general

Not later than 60 days after the date the Secretary notifies an applicant that an 

application is complete under paragraph (1), the Secretary shall provide the 

applicant written notice as to whether the Secretary has approved or disapproved 

the application.

(B) Actions by the Office of Management and Budget

In order to enable compliance with the time limit under subparagraph (A), the 

Office of Management and Budget shall take any action required with respect to 

the application within that 60-day period.

(4) Streamlined Application Review Process.—

(A) In General.—Not later than 180 days after the date of enactment of the 

Surface Transportation Investment Act of 2021, the Secretary shall implement 

procedures and measures to economize and make available an streamlined 

application process or processes at the request of applicants seeking loans or loan 

guarantees. 

(B) Criteria.—Applicants seeking loans and loan guarantees under this section 

shall—

(i) seek a total loan or loan guarantee value not exceeding $150,000,000; 
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32

(ii) meet eligible project purposes described in subparagraphs (A) and (B) 

of subsection (b)(1); and 

(iii) meet other criteria considered appropriate by the Secretary, in 

consultation with the Council on Credit and Finance of the Department of 

Transportation.

(C) Expedited Credit Review.—The total period between the submission of an 

application and the approval or disapproval of an application for a direct loan or 

loan guarantee under this paragraph may not exceed 90 days. If an application 

review conducted under this paragraph exceeds 90 days, the Secretary shall—

(i) provide written notice to the applicant, including a justification for the 

delay and updated estimate of the time needed for approval or disapproval; 

and 

(ii) publish the notice on the dashboard described in paragraph (5).

(5) Dashboard

The Secretary shall post on the Department of Transportation's Internet Web site a 

monthly report that includes, for each application--

(A) the applicant type;

(B) the location of the project;

(C) a brief description of the project, including its purpose;

(D) the requested direct loan or loan guarantee amount;

(E) the date on which the Secretary provided application status notice under 

paragraph (1).

(F) the date that the Secretary provided notice of approval or disapproval under 

paragraph (3); and 

(G) whether the project utilized the streamlined application process under 

paragraph (4).

(6) Creditworthiness review status.—

(A) In General.—The Secretary shall maintain status information related to each 

application for a loan or loan guarantee, which shall be provided to the applicant 

upon request, including—

(i) the total value of the proposed loan or loan guarantee; 

(ii) the name of the applicant or applicants submitting the application; 

(iii) the proposed capital structure of the project to which the loan or loan 

guarantee would be applied, including the proposed Federal and nonFederal shares of the total project cost; 

(iv) the type of activity to receive credit assistance, including whether the 

project is new construction, the rehabilitation of existing rail equipment of 

facilities, or the refinancing an existing loan or loan guarantee; 

(v) if a deferred payment is proposed, the length of such deferment; 

(vi) the credit rating or ratings provided for the applicant; 

(vii) if other credit instruments are involved, the proposed subordination 

relationship and a description of such other credit instruments; 

(viii) a schedule for the readiness of proposed investments for financing; 
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33

(ix) a description of any Federal permits required, including under the 

National Environmental Policy Acts of 1969 (42 U.S.C. 4321 et seq.) and 

any waivers under section 5323(j) (commonly known as the ‘Buy America 

Act’); 

(x) other characteristics of the proposed activity to be financed, borrower, 

key agreements, or the nature of the credit that the Secretary considers to 

be fundamental to the creditworthiness review; 

(xi) the status of the application in the pre-application review and selection 

process; 

(xii) the cumulative amounts paid by the Secretary to outside advisor 

related to the application, including financial and legal advisors; 

(xiii) a description of the key rating factors against by the Secretary to 

determine credit risk, including—

(I) the factors used to determine risk or the proposed application; 

(II) an adjectival risk rating for each identified factor, ranked as 

either low moderate or high;

(xiv) a nonbinding estimate of the credit risk premium, which may be in 

the form of—

(I) a range, based on the assessment of risk factors described in 

clause (xiii); or 

(II) a justification for why the estimate of the credit risk premium 

cannot be determined based on available information; and 

(xv) a description of the key information the Secretary needs from the 

applicant to complete the credit review process and make a final 

determination of the credit risk premium.

(B) Report upon request.—The Secretary shall provide the information described 

in subparagraph (A) not later than 30 days after a request from the applicant. 

(C) Exception.—Applicants processed using the streamlined application review 

process under paragraph (4) are not subject to the requirement under this 

paragraph. 

(j) Repayment schedules

(1) In general

The Secretary shall establish a repayment schedule requiring payments to commence not 

later than 5 years after the date of substantial completion.

(2) Accrual

Interest shall accrue as of the date of disbursement, and shall be amortized over the 

remaining term of the loan beginning at the time the payments begin.

(3) Deferred payments

(A) In general

If at any time after the date of substantial completion the obligor is unable to pay 

the scheduled loan repayments of principal and interest on a direct loan provided 

under this section, the Secretary, subject to subparagraph (B), may allow, for a 

maximum aggregate time of 1 year over the duration of the direct loan, the 
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34

obligor to add unpaid principal and interest to the outstanding balance of the 

direct loan.

(B) Interest

A payment deferred under subparagraph (A) shall--

(i) continue to accrue interest under paragraph (2) until the loan is fully 

repaid; and

(ii) be scheduled to be amortized over the remaining term of the loan.

(4) Prepayments

(A) Use of excess revenues

With respect to a direct loan provided by the Secretary under this section, any 

excess revenues that remain after satisfying scheduled debt service requirements 

on the project obligations and direct loan and all deposit requirements under the 

terms of any trust agreement, bond resolution, or similar agreement securing 

project obligations may be applied annually to prepay the direct loan without 

penalty.

(B) Use of proceeds of refinancing

The direct loan may be prepaid at any time without penalty from the proceeds of 

refinancing from non-Federal funding sources.

(k) Sale of direct loans

(1) In general

Subject to paragraph (2) and as soon as practicable after substantial completion of a 

project, the Secretary, after notifying the obligor, may sell to another entity or reoffer into 

the capital markets a direct loan for the project if the Secretary determines that the sale or 

reoffering has a high probability of being made on favorable terms.

(2) Consent of obligor

In making a sale or reoffering under paragraph (1), the Secretary may not change the 

original terms and conditions of the secured loan without the prior written consent of the 

obligor.

(l) Nonsubordination

(1) In general

Except as provided in paragraph (2), a direct loan provided by the Secretary under this 

section shall not be subordinated to the claims of any holder of project obligations in the 

event of bankruptcy, insolvency, or liquidation of the obligor.

(2) Preexisting indentures

(A) In general

The Secretary may waive the requirement under paragraph (1) for a public agency 

borrower that is financing ongoing capital programs and has outstanding senior 

bonds under a preexisting indenture if--

(i) the direct loan is rated in the A category or higher;

(ii) the direct loan is secured and payable from pledged revenues not 

affected by project performance, such as a tax-based revenue pledge or a 

system-backed pledge of project revenues; and
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35

(iii) the program share, under this chapter, of eligible project costs is 50 

percent or less.

(B) Limitation

The Secretary may impose limitations for the waiver of the nonsubordination 

requirement under this paragraph if the Secretary determines that such limitations 

would be in the financial interest of the Federal Government.

(m) Master credit agreements

(1) In general

Subject to subsection (d) and paragraph (2) of this subsection, the Secretary may enter 

into a master credit agreement that is contingent on all of the conditions for the provision 

of a direct loan or loan guarantee, as applicable, under this chapter and other applicable 

requirements being satisfied prior to the issuance of the direct loan or loan guarantee.

(2) Conditions

Each master credit agreement shall--

(A) establish the maximum amount and general terms and conditions of each 

applicable direct loan or loan guarantee;

(B) identify 1 or more dedicated non-Federal revenue sources that will secure the 

repayment of each applicable direct loan or loan guarantee;

(C) provide for the obligation of funds for the direct loans or loan guarantees 

contingent on and after all requirements have been met for the projects subject to 

the master credit agreement; and

(D) provide 1 or more dates, as determined by the Secretary, before which the 

master credit agreement results in each of the direct loans or loan guarantees or in 

the release of the master credit agreement.

(n) Non-federal share.—The proceeds of a loan provided under this section may be used as the 

non-Federal share of project costs for any grant program administered by the Secretary if such 

loan is repayable from non-Federal funds. 

Sec. 22403. Administration of direct loans and loan guarantees

(a) In general.—

(1) The Secretary shall prescribe the form and contents required of applications for 

assistance under section 22402, to enable the Secretary to determine the eligibility of the 

applicant's proposal, and shall establish terms and conditions for direct loans and loan 

guarantees made under that section, including a program guide, a standard term sheet, 

and specific timetables.

(2) Documentation.—An applicant meeting the size standard for small business concerns 

established under section 3(a)(2) of the Small Business Act (15 U.S.C. 632(a)(2)) may 

provide unaudited financial statements as documentation of historical financial 

information if such statements are accompanied by the applicant’s Federal tax returns and 

Internal Revenue Service tax verifications for the corresponding years. 

(b) Full faith and credit
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36

All guarantees entered into by the Secretary under section 22402 shall constitute general 

obligations of the United States of America backed by the full faith and credit of the United 

States of America.

(c) Assignment of loan guarantees

The holder of a loan guarantee made under section 22402 of this title may assign the loan 

guarantee in whole or in part, subject to such requirements as the Secretary may prescribe.

(d) Modifications

The Secretary may approve the modification of any term or condition of a direct loan, loan 

guarantee, direct loan obligation, or loan guarantee commitment, including the rate of interest, 

time of payment of interest or principal, or security requirements, if the Secretary finds in writing 

that--

(1) the modification is equitable and is in the overall best interests of the United States;

(2) consent has been obtained from the applicant and, in the case of a loan guarantee or 

loan guarantee commitment, the holder of the obligation; and

(3) the modification cost has been covered under section 22402(f) of this title.

(e) Compliance

The Secretary shall assure compliance, by an applicant, any other party to the loan, and any 

railroad or railroad partner for whose benefit assistance is intended, with the provisions of this 

chapter, regulations issued hereunder, and the terms and conditions of the direct loan or loan 

guarantee, including through regular periodic inspections.

(f) Commercial validity

For purposes of claims by any party other than the Secretary, a loan guarantee or loan guarantee 

commitment shall be conclusive evidence that the underlying obligation is in compliance with 

the provisions of this chapter, and that such obligation has been approved and is legal as to 

principal, interest, and other terms. Such a guarantee or commitment shall be valid and 

incontestable in the hands of a holder thereof, including the original lender or any other holder, 

as of the date when the Secretary granted the application therefor, except as to fraud or material 

misrepresentation by such holder.

(g) Default

The Secretary shall prescribe regulations setting forth procedures in the event of default on a 

loan made or guaranteed under section 22402 of this title. The Secretary shall ensure that each 

loan guarantee made under that section contains terms and conditions that provide that--

(1) if a payment of principal or interest under the loan is in default for more than 30 days, 

the Secretary shall pay to the holder of the obligation, or the holder's agent, the amount of 

unpaid guaranteed interest;

(2) if the default has continued for more than 90 days, the Secretary shall pay to the 

holder of the obligation, or the holder's agent, 90 percent of the unpaid guaranteed 

principal;

(3) after final resolution of the default, through liquidation or otherwise, the Secretary 

shall pay to the holder of the obligation, or the holder's agent, any remaining amounts 

guaranteed but which were not recovered through the default's resolution;
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37

(4) the Secretary shall not be required to make any payment under paragraphs (1) through 

(3) if the Secretary finds, before the expiration of the periods described in such 

paragraphs, that the default has been remedied; and

(5) the holder of the obligation shall not receive payment or be entitled to retain payment 

in a total amount which, together with all other recoveries (including any recovery based 

upon a security interest in equipment or facilities) exceeds the actual loss of such holder.

(h) Rights of the Secretary

(1) Subrogation

If the Secretary makes payment to a holder, or a holder's agent, under subsection (g) in 

connection with a loan guarantee made under section 22402 of this title, the Secretary 

shall be subrogated to all of the rights of the holder with respect to the obligor under the 

loan.

(2) Disposition of property

The Secretary may complete, recondition, reconstruct, renovate, repair, maintain, operate, 

charter, rent, sell, or otherwise dispose of any property or other interests obtained 

pursuant to this section. The Secretary shall not be subject to any Federal or State 

regulatory requirements when carrying out this paragraph.

(i) Action against obligor

The Secretary may bring a civil action in an appropriate Federal court in the name of the United 

States in the event of a default on a direct loan made under section 22402 of this title, or in the 

name of the United States or of the holder of the obligation in the event of a default on a loan 

guaranteed under section 22402 of this title. The holder of a guarantee shall make available to 

the Secretary all records and evidence necessary to prosecute the civil action. The Secretary may 

accept property in full or partial satisfaction of any sums owed as a result of a default. If the 

Secretary receives, through the sale or other disposition of such property, an amount greater than 

the aggregate of--

(1) the amount paid to the holder of a guarantee under subsection (g) of this section; and

(2) any other cost to the United States of remedying the default,

the Secretary shall pay such excess to the obligor.

(j) Breach of conditions

The Attorney General shall commence a civil action in an appropriate Federal court to enjoin any 

activity which the Secretary finds is in violation of this chapter, regulations issued hereunder, or 

any conditions which were duly agreed to, and to secure any other appropriate relief.

(k) Attachment

No attachment or execution may be issued against the Secretary, or any property in the control of 

the Secretary, prior to the entry of final judgment to such effect in any State, Federal, or other 

court.

(l) Charges and loan servicing

(1) Purposes

The Secretary may collect from each applicant, obligor, or loan party a reasonable charge 

for--

(A) the cost of evaluating the application, amendments, modifications, and 

waivers, including for evaluating project viability, applicant creditworthiness, and 
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38

the appraisal of the value of the equipment or facilities for which the direct loan 

or loan guarantee is sought, and for making necessary determinations and 

findings;

(B) the cost of award management and project management oversight;

(C) the cost of services from expert firms, including counsel, and independent 

financial advisors to assist in the underwriting, auditing, servicing, and exercise of 

rights with respect to direct loans and loan guarantees; and

(D) the cost of all other expenses incurred as a result of a breach of any term or 

condition or any event of default on a direct loan or loan guarantee.

(2) Standards

The Secretary may charge different amounts under this subsection based on the different 

costs incurred under paragraph (1).

(3) Servicer

(A) In general

The Secretary may appoint a financial entity to assist the Secretary in servicing a 

direct loan or loan guarantee under this chapter.

(B) Duties

A servicer appointed under subparagraph (A) shall act as the agent of the 

Secretary in servicing a direct loan or loan guarantee under this chapter.

(C) Fees

A servicer appointed under subparagraph (A) shall receive a servicing fee from 

the obligor or other loan party, subject to approval by the Secretary.

(4) National Surface Transportation and Innovative Finance Bureau account

Amounts collected under this subsection shall--

(A) be credited directly to the National Surface Transportation and Innovative 

Finance Bureau account; and

(B) remain available until expended to pay for the costs described in this 

subsection.

(m) Fees and charges

Except as provided in this chapter, the Secretary may not assess any fees, including user fees, or 

charges in connection with a direct loan or loan guarantee provided under section 22402 of this 

title.

Sec. 22404. Employee protection

(a) General

Fair and equitable arrangements shall be provided, in accordance with this section, to protect the 

interests of any employees who may be affected by actions taken pursuant to authorizations or 

approval obtained under this chapter. Such arrangements shall be determined by the execution of 

an agreement between the representatives of the railroads and the representatives of their 

employees, not later than 120 days after February 5, 1976. In the absence of such an executed 

agreement, the Secretary of Labor shall prescribe the applicable protective arrangements, not 

later than 150 days after February 5, 1976.
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39

(b) Terms

The arrangements required by subsection (a) of this section shall apply to each employee who 

has an employment relationship with a railroad on the date on which such railroad first applies 

for applicable financial assistance under this chapter. Such arrangements shall include such 

provisions as may be necessary for the negotiation and execution of agreements as to the manner 

in which the protective arrangements shall be applied, including notice requirements. Such 

agreements shall be executed prior to implementation of work funded from financial assistance 

under this chapter. If such an agreement is not reached within 30 days after the date on which an 

application for such assistance is approved, either party to the dispute may submit the issue for 

final and binding arbitration. The decision on any such arbitration shall be rendered within 30 

days after such submission. Such arbitration decision shall in no way modify the protection 

afforded in the protective arrangements established pursuant to this section, shall be final and 

binding on the parties thereto, and shall become a part of the agreement. Such arrangements shall 

also include such provisions as may be necessary--

(1) for the preservation of compensation (including subsequent general wage increases, 

vacation allowances, and monthly compensation guarantees), rights, privileges, and 

benefits (including fringe benefits such as pensions, hospitalization, and vacations, under 

the same conditions and so long as such benefits continue to be accorded to other 

employees of the employing railroad in active service or on furlough, as the case may be) 

to such employees under existing collective-bargaining agreements or otherwise;

(2) to provide for final and binding arbitration of any dispute which cannot be settled by 

the parties, with respect to the interpretation, application, or enforcement of the 

provisions of the protective arrangements;

(3) to provide that an employee who is unable to secure employment by the exercise of 

his or her seniority rights, as a result of actions taken with financial assistance obtained 

under this chapter, shall be offered reassignment and, where necessary, retraining to fill a 

position comparable to the position held at the time of such adverse effect and for which 

he is, or by training and retraining can become, physically and mentally qualified, so long 

as such offer is not in contravention of collective bargaining agreements relating thereto; 

and

(4) to provide that the protection afforded pursuant to this section shall not be applicable 

to employees benefited solely as a result of the work which is financed by funds provided 

pursuant to this chapter.

(c) Subcontracting

The arrangements which are required to be negotiated by the parties or prescribed by the 

Secretary of Labor, pursuant to subsections (a) and (b) of this section, shall include provisions 

regulating subcontracting by the railroads of work which is financed by funds provided pursuant 

to this subchapter.

Sec. 22405. Substantive criteria and standards

The Secretary shall—
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40

(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 

applicants not later than 30 days after the publication referred to in paragraph (1). 

Sec. 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. 

Chapter 229

Sec. 22905. Grant Conditions

(a) Buy America.—

(1) The Secretary of Transportation may obligate an amount that may be appropriated to 

carry out this chapter for a project only if the steel, iron, and manufactured goods used in 

the project are produced in the United States.

(2) The Secretary of Transportation may waive paragraph (1) of this subsection if the 

Secretary finds that--

(A) applying paragraph (1) would be inconsistent with the public interest;

(B) the steel, iron, and goods produced in the United States are not produced in a 

sufficient and reasonably available amount or are not of a satisfactory quality;

(C) rolling stock or power train equipment cannot be bought and delivered in the 

United States within a reasonable time; or
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41

(D) including domestic material will increase the cost of the overall project by 

more than 25 percent.

(3) For purposes of this subsection, in calculating the components' costs, labor costs 

involved in final assembly shall not be included in the calculation.

(4) If the Secretary determines that it is necessary to waive the application of paragraph 

(1) based on a finding under paragraph (2), the Secretary shall, before the date on which 

such finding takes effect--

(A) publish in the Federal Register a detailed written justification as to why the 

waiver is needed; and

(B) provide notice of such finding and an opportunity for public comment on such 

finding for a reasonable period of time not to exceed 15 days.

(5) Not later than December 31, 2012, the Secretary shall submit to the Committee on 

Transportation and Infrastructure of the House of Representatives and the Committee on 

Commerce, Science, and Transportation of the Senate a report on any waivers granted 

under paragraph (2).

(6) The Secretary of Transportation may not make a waiver under paragraph (2) of this 

subsection for goods produced in a foreign country if the Secretary, in consultation with 

the United States Trade Representative, decides that the government of that foreign 

country--

(A) has an agreement with the United States Government under which the 

Secretary has waived the requirement of this subsection; and

(B) has violated the agreement by discriminating against goods to which this 

subsection applies that are produced in the United States and to which the 

agreement applies.

(7) A person is ineligible to receive a contract or subcontract made with amounts 

authorized under this chapter if a court or department, agency, or instrumentality of the 

Government decides the person intentionally--

(A) affixed a “Made in America” label, or a label with an inscription having the 

same meaning, to goods sold in or shipped to the United States that are used in a 

project to which this subsection applies but not produced in the United States; or

(B) represented that goods described in subparagraph (A) of this paragraph were 

produced in the United States.

(8) The Secretary may not impose any limitation on assistance provided under this 

chapter that restricts a State from imposing more stringent requirements than this 

subsection on the use of articles, materials, and supplies mined, produced, or 

manufactured in foreign countries in projects carried out with that assistance or restricts a 

recipient of that assistance from complying with those State-imposed requirements.

(9) The Secretary may allow a manufacturer or supplier of steel, iron, or manufactured 

goods to correct after bid opening any certification of noncompliance or failure to 

properly complete the certification (but not including failure to sign the certification) 

under this subsection if such manufacturer or supplier attests under penalty of perjury that 

such manufacturer or supplier submitted an incorrect certification as a result of an 
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42

inadvertent or clerical error. The burden of establishing inadvertent or clerical error is on 

the manufacturer or supplier.

(10) A party adversely affected by an agency action under this subsection shall have the 

right to seek review under section 702 of title 5.

(11) The requirements of this subsection shall only apply to projects for which the costs 

exceed $100,000.

(b) Operators deemed rail carriers and employers for certain purposes.--A person that conducts 

rail operations over rail infrastructure constructed or improved with funding provided in whole 

or in part in a grant made under this chapter shall be considered a rail carrier as defined in 

section 10102(5) of this title for purposes of this title and any other statute that adopts that 

definition or in which that definition applies, including--

(1) the Railroad Retirement Act of 1974 (45 U.S.C. 231 et seq.);

(2) the Railway Labor Act (45 U.S.C. 151 et seq.); and

(3) the Railroad Unemployment Insurance Act (45 U.S.C. 351 et seq.).

(c) Grant conditions.--The Secretary shall require as a condition of making any grant under this 

chapter for a project that uses rights-of-way owned by a railroad that--

(1) a written agreement exist between the applicant and the railroad regarding such use 

and ownership, including--

(A) any compensation for such use;

(B) assurances regarding the adequacy of infrastructure capacity to accommodate 

both existing and future freight and passenger operations;

(C) an assurance by the railroad that collective bargaining agreements with the 

railroad's employees (including terms regulating the contracting of work) will 

remain in full force and effect according to their terms for work performed by the 

railroad on the railroad transportation corridor; and

(D) an assurance that an applicant complies with liability requirements consistent 

with section 28103 of this title; and

(2) the applicant agrees to comply with--

(A) the standards of section 24312 of this title, as such section was in effect on 

September 1, 2003, with respect to the project in the same manner that Amtrak is 

required to comply with those standards for construction work financed under an 

agreement made under section 24308(a) of this title; and

(B) the protective arrangements that are equivalent to the protective arrangements 

established under section 22404 section 504 of the Railroad Revitalization and 

Regulatory Reform Act of 1976 (45 U.S.C. 836) with respect to employees 

affected by actions taken in connection with the project to be financed in whole or 

in part by grants under this chapter.

(d) Replacement of existing intercity passenger rail service.--

(1) Collective bargaining agreement for intercity passenger rail projects.--Any entity 

providing intercity passenger railroad transportation that begins operations after the date 

of enactment of this Act on a project funded in whole or in part by grants made under this 

chapter and replaces intercity rail passenger service that was provided by Amtrak, unless 

such service was provided solely by Amtrak to another entity or unless Amtrak ceased 
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43

providing intercity passenger railroad transportation over the affected route more than 3 

years before the commencement of new service, as of such date shall enter into an 

agreement with the authorized bargaining agent or agents for adversely affected 

employees of the predecessor provider that--

(A) gives each such qualified employee of the predecessor provider priority in 

hiring according to the employee's seniority on the predecessor provider for each 

position with the replacing entity that is in the employee's craft or class and is 

available within 3 years after the termination of the service being replaced;

(B) establishes a procedure for notifying such an employee of such positions;

(C) establishes a procedure for such an employee to apply for such positions; and

(D) establishes rates of pay, rules, and working conditions.

(2) Immediate replacement service.--

(A) Negotiations.--If the replacement of preexisting intercity rail passenger 

service occurs concurrent with or within a reasonable time before the 

commencement of the replacing entity's rail passenger service, the replacing 

entity shall give written notice of its plan to replace existing rail passenger service 

to the authorized collective bargaining agent or agents for the potentially 

adversely affected employees of the predecessor provider at least 90 days before 

the date on which it plans to commence service. Within 5 days after the date of 

receipt of such written notice, negotiations between the replacing entity and the 

collective bargaining agent or agents for the employees of the predecessor 

provider shall commence for the purpose of reaching agreement with respect to all 

matters set forth in subparagraphs (A) through (D) of paragraph (1). The 

negotiations shall continue for 30 days or until an agreement is reached, 

whichever is sooner. If at the end of 30 days the parties have not entered into an 

agreement with respect to all such matters, the unresolved issues shall be 

submitted for arbitration in accordance with the procedure set forth in 

subparagraph (B).

(B) Arbitration.--If an agreement has not been entered into with respect to all 

matters set forth in subparagraphs (A) through (D) of paragraph (1) as described 

in subparagraph (A) of this paragraph, the parties shall select an arbitrator. If the 

parties are unable to agree upon the selection of such arbitrator within 5 days, 

either or both parties shall notify the National Mediation Board, which shall 

provide a list of seven arbitrators with experience in arbitrating rail labor 

protection disputes. Within 5 days after such notification, the parties shall 

alternately strike names from the list until only 1 name remains, and that person 

shall serve as the neutral arbitrator. Within 45 days after selection of the 

arbitrator, the arbitrator shall conduct a hearing on the dispute and shall render a 

decision with respect to the unresolved issues among the matters set forth in 

subparagraphs (A) through (D) of paragraph (1). The arbitrator shall be guided by 

prevailing national standard rates of pay, benefits, and working conditions for 

comparable work. This decision shall be final, binding, and conclusive upon the 
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44

parties. The salary and expenses of the arbitrator shall be borne equally by the 

parties; all other expenses shall be paid by the party incurring them.

(3) Service commencement.--A replacing entity under this subsection shall commence 

service only after an agreement is entered into with respect to the matters set forth in 

subparagraphs (A) through (D) of paragraph (1) or the decision of the arbitrator has been 

rendered.

(4) Subsequent replacement of service.--If the replacement of existing rail passenger 

service takes place within 3 years after the replacing entity commences intercity 

passenger rail service, the replacing entity and the collective bargaining agent or agents 

for the adversely affected employees of the predecessor provider shall enter into an 

agreement with respect to the matters set forth in subparagraphs (A) through (D) of 

paragraph (1). If the parties have not entered into an agreement with respect to all such 

matters within 60 days after the date on which the replacing entity replaces the 

predecessor provider, the parties shall select an arbitrator using the procedures set forth in 

paragraph (2)(B), who shall, within 20 days after the commencement of the arbitration, 

conduct a hearing and decide all unresolved issues. This decision shall be final, binding, 

and conclusive upon the parties.

(e) Inapplicability to certain rail operations.--Nothing in this section applies to--

(1) commuter rail passenger transportation (as defined in section 24102) operations of a 

State or local governmental authority (as those terms are defined in section 5302) eligible 

to receive financial assistance under section 5307 of this title, or to its contractor 

performing services in connection with commuter rail passenger operations (as so 

defined);

(2) the Alaska Railroad or its contractors; or

(3) Amtrak's access rights to railroad rights of way and facilities under current law.

(f) Limitation.--No grants shall be provided under this chapter for commuter rail passenger 

transportation (as defined in section 24102(3)).

Sec. 22907. Consolidated Rail Infrastructure and Safety Improvements

(a) General authority.--The Secretary may make grants under this section to an eligible recipient 

to assist in financing the cost of improving passenger and freight rail transportation systems in 

terms of safety, efficiency, or reliability.

(b) Eligible recipients.--The following entities are eligible to receive a grant under this section:

(1) A State (including the District of Columbia).

(2) A group of States.

(3) An Interstate Compact.

(4) A public agency or publicly chartered authority established by 1 or more States.

(5) A political subdivision of a State.

(6) Amtrak or another rail carrier that provides intercity rail passenger transportation (as 

rail carrier and intercity rail passenger transportation are defined in section 24102).

(7) A Class II railroad or Class III railroad (as those terms are defined in section 20102).

(8) An association representing 1 or more railroads described in paragraph (7).
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45

(9) A federally recognized Indian Tribe. 

(108) Any rail carrier or rail equipment manufacturer in partnership with at least 1 of the 

entities described in paragraphs (1) through (5).

(119) The Transportation Research Board and any entity with which it contracts in the 

development of rail-related research, including cooperative research programs.

(1210) A University transportation center engaged in rail-related research.

(1311) A non-profit labor organization representing a class or craft of employees of rail 

carriers or rail carrier contractors.

(c) Eligible projects.--The following projects are eligible to receive grants under this section:

(1) Deployment of railroad safety technology, including positive train control and rail 

integrity inspection systems.

(2) A capital project as defined in section 22901(2), except that a project shall not be 

required to be in a State rail plan developed under chapter 227.

(3) A capital project identified by the Secretary as being necessary to address congestion 

or safety challenges affecting rail service.

(4) A capital project identified by the Secretary as being necessary to reduce congestion 

and facilitate ridership growth in intercity passenger rail transportation along heavily 

traveled rail corridors.

(5) A highway-rail grade crossing improvement project, including installation, repair, or 

improvement of grade separations, railroad crossing signals, gates, and related 

technologies, highway traffic signalization, highway lighting and crossing approach 

signage, roadway improvements such as medians or other barriers, railroad crossing 

panels and surfaces, and safety engineering improvements to reduce risk in quiet zones or 

potential quiet zones.

(6) A rail line relocation or and improvement project.

(7) A capital project to improve short-line or regional railroad infrastructure.

(8) The preparation of regional rail and corridor service development plans and 

corresponding environmental analyses.

(9) Any project that the Secretary considers necessary to enhance multimodal 

connections or facilitate service integration between rail service and other modes, 

including between intercity rail passenger transportation and intercity bus service or 

commercial air service.

(10) The development and implementation of a safety program or institute designed to 

improve rail safety.

(11) The development and implementation of measures to prevent trespassing and reduce 

associated injuries and fatalities. 

(1211) Any research that the Secretary considers necessary to advance any particular 

aspect of rail-related capital, operations, or safety improvements.

(1312) Workforce development and training activities, coordinated to the extent 

practicable with the existing local training programs supported by the Department of 

Transportation, the Department of Labor, and the Department of Education.
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46

(14) Research, development, and testing to advance and facilitate innovative rail projects, 

including projects using electromagnetic guideways in an enclosure in a very lowpressure environment. 

(15) The preparation of emergency plans for communities through which hazardous 

materials are transported by rail. 

(16) Rehabilitating, remanufacturing, procuring, or overhauling locomotives, provided 

that such activities result in a significant reduction of emissions. 

(d) Application process.--The Secretary shall prescribe the form and manner of filing an 

application under this section.

(e) Project selection criteria.--

(1) In general.--In selecting a recipient of a grant for an eligible project, the Secretary 

shall--

(A) give preference to a proposed project for which the proposed Federal share of 

total project costs does not exceed 50 percent; and

(B) after factoring in preference to projects under subparagraph (A), select 

projects that will maximize the net benefits of the funds appropriated for use 

under this section, considering the cost-benefit analysis of the proposed project, 

including anticipated private and public benefits relative to the costs of the 

proposed project and factoring in the other considerations described in paragraph 

(2).

(2) Other considerations.--The Secretary shall also consider the following:

(A) The degree to which the proposed project's business plan considers potential 

private sector participation in the financing, construction, or operation of the 

project.

(B) The recipient's past performance in developing and delivering similar 

projects, and previous financial contributions.

(C) Whether the recipient has or will have the legal, financial, and technical 

capacity to carry out the proposed project, satisfactory continuing control over the 

use of the equipment or facilities, and the capability and willingness to maintain 

the equipment or facilities.

(D) If applicable, the consistency of the proposed project with planning guidance 

and documents set forth by the Secretary or required by law or State rail plans 

developed under chapter 227.

(E) If applicable, any technical evaluation ratings the proposed project received 

under previous competitive grant programs administered by the Secretary.

(F) Such other factors as the Secretary considers relevant to the successful 

delivery of the project.

(3) Benefits.--The benefits described in paragraph (1)(B) may include the effects on 

system and service performance, including measures such as improved safety, 

competitiveness, reliability, trip or transit time, resilience, efficiencies from improved 

integration with other modes, the ability to meet existing or anticipated demand, and any 

other benefits.
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47

(f) Performance measures.--The Secretary shall establish performance measures for each grant 

recipient to assess progress in achieving strategic goals and objectives. The Secretary may 

require a grant recipient to periodically report information related to such performance measures.

(g) Rural areas.--

(1) In general.--Of the amounts appropriated under this section, at least 25 percent shall 

be available for projects in rural areas. The Secretary shall consider a project to be in a 

rural area if all or the majority of the project (determined by the geographic location or 

locations where the majority of the project funds will be spent) is located in a rural area.

(2) Definition of rural area.--In this subsection, the term “rural area” means any area not 

in an urbanized area, as defined by the Bureau of the Census.

(h) Federal share of total project costs.--

(1) Total project costs.--The Secretary shall estimate the total costs of a project under this 

section based on the best available information, including any available engineering 

studies, studies of economic feasibility, environmental analyses, and information on the 

expected use of equipment or facilities.

(2) Federal share.--The Federal share of total project costs under this section shall not 

exceed 80 percent.

(3) Treatment of passenger rail revenue.--If Amtrak or another rail carrier is an applicant 

under this section, Amtrak or the other rail carrier, as applicable, may use ticket and other 

revenues generated from its operations and other sources to satisfy the non-Federal share 

requirements.

(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. 

(i) Applicability.--Except as specifically provided in this section, the use of any amounts 

appropriated for grants under this section shall be subject to the requirements of this chapter.

(j) Availability.--Amounts appropriated for carrying out this section shall remain available until 

expended.

(k) Limitation.--The requirements under sections 22902, 22903, and 22904, and the definition 

contained in section 22901(1) shall not apply to this section.

(l) Special transportation circumstances.--

(1) In general.--In carrying out this chapter, the Secretary shall allocate an appropriate 

portion of the amounts available to programs in this chapter to provide grants to States--

(A) in which there is no intercity passenger rail service, for the purpose of funding 

freight rail capital projects that are on a State rail plan developed under chapter 

227, including highway construction over rail facilities as an alternative to 

construction or improvement of a highway-rail grade crossing, that provide public 

benefits (as defined in chapter 227), as determined by the Secretary; or

(B) in which the rail transportation system is not physically connected to rail 

systems in the continental United States or may not otherwise qualify for a grant 

under this section due to the unique characteristics of the geography of that State 
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48

or other relevant considerations, for the purpose of funding transportation-related 

capital projects.

(2) Definition.--For the purposes of this subsection, the term “appropriate portion” means 

a share, for each State subject to paragraph (1), not less than the share of the total railroad 

route miles in such State of the total railroad route miles in the United States, excluding 

from all totals the route miles exclusively used for tourist, scenic, and excursion railroad 

operations.

Sec. 22908. Restoration and Enhancement Grants

(a) Definitions.—In this section: Applicant defined.--Notwithstanding section 22901(1), in this 

section, the term “applicant” means—

(1) Applicant.—Notwithstanding section 22901(1), the term “applicant” means—

(A1) a State, including the District of Columbia;

(B2) a group of States;

(C3) an entity implementing an interstate compact Interstate Compact;

(D4) a public agency or publicly chartered authority established by 1 or more 

States;

(E5) a political subdivision of a State;

(F6) a federally recognized Indian Tribe; 

(G) Amtrak or another rail carrier that provides intercity rail passenger 

transportation;

(H7) any Any rail carrier in partnership with at least 1 of the entities described in 

subparagraphs (A1) through (F5); and

(I8) any combination of the entities described in subparagraphs (A1) through (F7).

(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.

(b) Grants authorized.--The Secretary of Transportation shall develop and implement a program 

for issuing operating assistance grants to applicants, on a competitive basis, for the purpose of 

initiating, restoring, or enhancing intercity rail passenger transportation.

(c) Application.--An applicant for a grant under this section shall submit to the Secretary--

(1) a capital and mobilization plan that--

(A) describes any capital investments, service planning actions (such as 

environmental reviews), and mobilization actions (such as qualification of train 

crews) required for initiation of intercity rail passenger transportation; and

(B) includes the timeline for undertaking and completing each of the investments 

and actions referred to in subparagraph (A);

(2) an operating plan that describes the planned operation of the service, including--

(A) the identity and qualifications of the train operator;

(B) the identity and qualifications of any other service providers;

(C) service frequency;
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49

(D) the planned routes and schedules;

(E) the station facilities that will be utilized;

(F) projected ridership, revenues, and costs;

(G) descriptions of how the projections under subparagraph (F) were developed;

(H) the equipment that will be utilized, how such equipment will be acquired or 

refurbished, and where such equipment will be maintained; and

(I) a plan for ensuring safe operations and compliance with applicable safety 

regulations;

(3) a funding plan that--

(A) describes the funding of initial capital costs and operating costs for the first 6 

years 3 years of operation;

(B) includes a commitment by the applicant to provide the funds described in 

subparagraph (A) to the extent not covered by Federal grants and revenues; and

(C) describes the funding of operating costs and capital costs, to the extent 

necessary, after the first 6 years 3 years of operation; and

(4) a description of the status of negotiations and agreements with--

(A) each of the railroads or regional transportation authorities whose tracks or 

facilities would be utilized by the service;

(B) the anticipated railroad carrier, if such entity is not part of the applicant group; 

and

(C) any other service providers or entities expected to provide services or 

facilities that will be used by the service, including any required access to Amtrak 

systems, stations, and facilities if Amtrak is not part of the applicant group.

(d) Priorities.--In awarding grants under this section, the Secretary shall give priority to 

applications--

(1) for which planning, design, any environmental reviews, negotiation of agreements, 

acquisition of equipment, construction, and other actions necessary for initiation of 

service have been completed or nearly completed;

(2) that would restore service over routes formerly operated by Amtrak, including routes 

described in section 11304 of the Passenger Rail Reform and Investment Act of 2015;

(3) that would provide daily or daytime service over routes where such service did not 

previously exist;

(4) that include funding (including funding from railroads), or other significant 

participation by State, local, and regional governmental and private entities;

(5) that include a funding plan that demonstrates the intercity rail passenger service will 

be financially sustainable beyond the 3-year grant period;

(6) that would provide service to regions and communities that are underserved or not 

served by other intercity public transportation;

(7) that would foster economic development, particularly in rural communities and for 

disadvantaged populations;

(8) that would provide other non-transportation benefits; and

(9) that would enhance connectivity and geographic coverage of the existing national 

network of intercity rail passenger service; and.
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50

(10) for routes selected under the Corridor Identification and Development Program and 

operated by Amtrak.

(e) Limitations.--

(1) Duration.--Federal operating assistance grants authorized under this section for any 

individual intercity rail passenger transportation route may not provide funding for more 

than 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) 3 years and may 

not be renewed.

(2) Limitation.--Not more than 6 of the operating assistance grants awarded pursuant to 

subsection (b) may be simultaneously active.

(3) Maximum funding.--Grants described in paragraph (1) may not exceed--

(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. 

(A) 80 percent of the projected net operating costs for the first year of service;

(B) 60 percent of the projected net operating costs for the second year of service; 

and

(C) 40 percent of the projected net operating costs for the third year of service.

(f) Use with capital grants and other Federal funding.--A recipient of an operating assistance 

grant under subsection (b) may use that grant in combination with other Federal grants awarded 

that would benefit the applicable service.

(g) Availability.--Amounts appropriated for carrying out this section shall remain available until 

expended.

(h) Coordination with Amtrak.--If the Secretary awards a grant under this section to a rail carrier 

other than Amtrak, Amtrak may be required consistent with section 24711(c)(1) of this title to 

provide access to its reservation system, stations, and facilities that are directly related to 

operations to such carrier, to the extent necessary to carry out the purposes of this section. The 

Secretary may award an appropriate portion of the grant to Amtrak as compensation for this 

access.

(i) Conditions.--

(1) Grant agreement.--The Secretary shall require a grant recipient under this section to 

enter into a grant agreement that requires such recipient to provide similar information 

regarding the route performance, financial, and ridership projections, and capital and 

business plans that Amtrak is required to provide, and such other data and information as 

the Secretary considers necessary.

(2) Installments; termination.--The Secretary may--

(A) award grants under this section in installments, as the Secretary considers 

appropriate; and

(B) terminate any grant agreement upon--

(i) the cessation of service; or

(ii) the violation of any other term of the grant agreement.
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51

(3) Grant conditions.--The Secretary shall require each recipient of a grant under this 

section to comply with the grant requirements of section 22905.

(j) Report.--Not later than 4 years after the date of enactment of the Passenger Rail Reform and 

Investment Act of 2015, the Secretary, after consultation with grant recipients under this section, 

shall submit to Congress a report that describes--

(1) the implementation of this section;

(2) the status of the investments and operations funded by such grants;

(3) the performance of the routes funded by such grants;

(4) the plans of grant recipients for continued operation and funding of such routes; and

(5) any legislative recommendations.

Sec. 22909. Railroad crossing elimination program

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) or 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); 
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52

(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; 
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53

(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 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 or 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. 
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(j) Commuter Rail Eligibility and Grant Conditions.—

(1) In General.—Section 22905(f) shall not apply to grant 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 n urbanized area by the Bureau of the Census.

Sec. 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 
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55

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.

PART C—PASSENGER TRANSPORTATION

Chapter 241
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56

Sec. 24101. Findings, Mission, and Goals

(a) Findings.—

(1) Public convenience and necessity require that Amtrak, to the extent its budget allows, 

provide modern, cost-efficient, and energy-efficient intercity rail passenger transportation

throughout between crowded urban areas and in other areas of the United States.

(2) Rail passenger transportation can help alleviate overcrowding of airways and airports 

and on highways.

(3) A traveler in the United States should have the greatest possible choice of 

transportation most convenient to the needs of the traveler.

(4) A greater degree of cooperation is necessary among Amtrak, other rail carriers, State, 

regional, and local governments, the private sector, labor organizations, and suppliers of 

services and equipment in order to meet the intercity passenger rail needs of the United 

States to Amtrak to achieve a performance level sufficient to justify expending public 

money.

(5) Modern and efficient intercity passenger and commuter rail passenger transportation 

is important to the viability and well-being of major urban and rural areas and to the 

energy conservation and self-sufficiency goals of the United States.

(6) As a rail passenger transportation entity, Amtrak should be available to operate 

commuter rail passenger transportation through its subsidiary, Amtrak Commuter, under 

contract with commuter authorities that do not provide the transportation themselves as 

part of the governmental function of the State.

(7) The Northeast Corridor is a valuable resource of the United States used by intercity 

and commuter rail passenger transportation and freight transportation.

(8) Greater coordination between intercity and commuter rail passenger transportation is 

required.

(9) Long-distance routes are valuable resources of the United States that are used by rural 

and urban communities.

(b) Mission.--The mission of Amtrak is to provide efficient and effective intercity passenger rail 

mobility consisting of high quality service that is trip-time competitive with other intercity travel 

options and that is consistent with the goals set forth in subsection (c).

(c) Goals.--Amtrak shall--

(1) use its best business judgment in acting to maximize the benefits of Federal 

investments, minimize United States Government subsidies, including--

(A) offering competitive increasing fares;

(B) increasing revenue from the transportation of mail and express;

(C) offering food service that meets the needs of its customers reducing losses on 

food service;

(D) improving its contracts with rail carriers over whose tracks Amtrak operates

operating rail carriers;

(E) controlling or reducing management and operating costs; and

(F) providing economic benefits to the communities it serves increasing employee 

productivity;
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57

(2) minimize Government subsidies by encouraging State, regional, and local 

governments and the private sector, separately or in combination, to share the cost of 

providing rail passenger transportation, including the cost of operating facilities;

(3) carry out strategies to achieve immediately maximum productivity and efficiency 

consistent with safe and efficient transportation;

(4) operate Amtrak trains, to the maximum extent feasible, to all station stops within 15 

minutes of the time established in public timetables;

(5) develop transportation on rail corridors subsidized by States and private parties;

(6) implement schedules based on a systemwide average speed of at least 60 miles an 

hour that can be achieved with a degree of reliability and passenger comfort;

(7) encourage rail carriers to assist in improving intercity rail passenger transportation;

(8) improve generally the performance of Amtrak through comprehensive and systematic 

operational programs and employee incentives;

(9) provide additional or complementary intercity transportation service to ensure 

mobility in times of national disaster or other instances where other travel options are not 

adequately available;

(10) carry out policies that ensure equitable access to the Northeast Corridor by intercity 

and commuter rail passenger transportation;

(11) coordinate the uses of the Northeast Corridor, particularly intercity and commuter 

rail passenger transportation; and

(12) maximize the use of its resources, including the most cost-effective use of 

employees, facilities, and real property; and.

(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.

(d) Increasing Revenues Minimizing government subsidies.--To carry out subsection (c)(12) of 

this section, Amtrak is encouraged to make agreements with the private sector entities and to 

undertake initiatives that are consistent with good business judgment and designed to generate 

additional maximize its revenues to advance the goals described in subsection (c) and minimize 

Government subsidies. Amtrak shall prepare a financial plan, consistent with section 204 of the 

Passenger Rail Investment and Improvement Act of 2008, including the budgetary goals for 

fiscal years 2009 through 2013. Amtrak and its Board of Directors shall adopt a long-term plan 

that minimizes the need for Federal operating subsidies.

Chapter 243

Sec. 24302. Board of Directors

(a) Composition and terms.--

(1) The Amtrak Board of Directors (referred to in this section as the “Board”) is 

composed of the following 10 directors, each of whom must be a citizen of the United 

States:

(A) The Secretary of Transportation.
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58

(B) The Chief Executive Officer President of Amtrak, who shall serve as a 

nonvoting member of the Board.

(C) 8 individuals appointed by the President of the United States, by and with the 

advice and consent of the Senate, with general business and financial experience, 

experience or qualifications in transportation, freight and passenger rail 

transportation, travel, hospitality, cruise line, or passenger air transportation 

businesses, or representatives of employees or users of passenger rail 

transportation or a State government, at least 1 of whom shall be an individual 

with a disability (as defined in section 3 of the Americans with Disabilities Act of 

1990 (42 U.S.C. 12102)) who has a demonstrated history of, or experience with, 

accessibility, mobility, and inclusive transportation in passenger rail or commuter 

rail.

(2) In selecting individuals described in paragraph (1) for nominations for appointments 

to the Board, the President shall consult with the Speaker of the House of 

Representatives, the minority leader of the House of Representatives, the majority leader 

of the Senate, and the minority leader of the Senate and try to provide adequate and 

balanced representation of the major geographic regions of the United States served by 

Amtrak.

(3) An individual appointed under paragraph (1)(C) of this subsection shall be appointed 

for a term of 5 years. Such term may be extended until the individual's successor is 

appointed and qualified. Not more than 5 individuals appointed under paragraph (1)(C) 

may be members of the same political party.

(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 a State-supported route 

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 a State-supported route; 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. 
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59

(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.

(4) The Board shall elect a chairman and a vice chairman, other than the President of 

Amtrak, from among its membership. The vice chairman shall serve as chairman in the 

absence of the chairman.

(75) The Secretary may be represented at Board meetings by the Secretary's designee.

(b) Pay and expenses.--Each director not employed by the United States Government or Amtrak 

is entitled to reasonable pay when performing Board duties. Each director not employed by the 

United States Government is entitled to reimbursement from Amtrak for necessary travel, 

reasonable secretarial and professional staff support, and subsistence expenses incurred in 

attending Board meetings.

(c) Travel.—

(1) Each director not employed by the United States Government shall be subject to the 

same travel and reimbursable business travel expense policies and guidelines that apply 

to Amtrak's executive management when performing Board duties.

(2) Not later than 60 days after the end of each fiscal year, the Board shall submit a report 

describing all travel and reimbursable business travel expenses paid to each director when 

performing Board duties to the Committee on Transportation and Infrastructure of the 

House of Representatives and the Committee on Commerce, Science, and Transportation 

of the Senate.

(3) The report submitted under paragraph (2) shall include a detailed justification for any

travel or reimbursable business travel expense that deviates from Amtrak's travel and 

reimbursable business travel expense policies and guidelines.

(d) Vacancies.--A vacancy on the Board is filled in the same way as the original selection, except 

that an individual appointed by the President of the United States under subsection (a)(1)(C) of 

this section to fill a vacancy occurring before the end of the term for which the predecessor of 

that individual was appointed is appointed for the remainder of that term. A vacancy required to 

be filled by appointment under subsection (a)(1)(C) must be filled not later than 120 days after 

the vacancy occurs.

(e) Quorum.--A majority of the members serving who are eligible to vote shall constitute a 

quorum for doing business.

(f) Bylaws.--The Board may adopt and amend bylaws governing the operation of Amtrak. The 

bylaws shall be consistent with this part and the articles of incorporation.

Sec. 24305. General Authority

(a) Acquisition and operation of equipment and facilities.—

(1) Amtrak may acquire, operate, maintain, and make contracts for the operation and 

maintenance of equipment and facilities necessary for intercity and commuter rail 
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60

passenger transportation, the transportation of mail and express, and auto-ferry 

transportation.

(2) Amtrak shall operate and control directly, to the extent practicable, all aspects of the 

rail passenger transportation it provides.

(3)

(A) Except as provided in subsection (d)(2), Amtrak may enter into a contract 

with a motor carrier of passengers for the intercity transportation of passengers by 

motor carrier over regular routes only--

(i) if the motor carrier is not a public recipient of governmental assistance, 

as such term is defined in section 13902(b)(8)(A) of this title, other than a 

recipient of funds under section 5311 of this title;

(ii) for passengers who have had prior movement by rail or will have 

subsequent movement by rail; and

(iii) if the buses, when used in the provision of such transportation, are 

used exclusively for the transportation of passengers described in clause 

(ii).

(B) Subparagraph (A) shall not apply to transportation funded predominantly by a 

State or local government, or to ticket selling agreements.

(b) Maintenance and rehabilitation.--Amtrak may maintain and rehabilitate rail passenger 

equipment and shall maintain a regional maintenance plan that includes--

(1) a review panel at the principal office of Amtrak consisting of members the President 

of Amtrak designates;

(2) a systemwide inventory of spare equipment parts in each operational region;

(3) enough maintenance employees for cars and locomotives in each region;

(4) a systematic preventive maintenance program;

(5) periodic evaluations of maintenance costs, time lags, and parts shortages and 

corrective actions; and

(6) other elements or activities Amtrak considers appropriate.

(c) Miscellaneous authority.--Amtrak may--

(1) make and carry out appropriate agreements;

(2) transport mail and express and shall use all feasible methods to obtain the bulk mail

business of the United States Postal Service;

(3) improve its reservation system and advertising;

(4) provide food and beverage services on its trains only if revenue from the services 

each year at least equal the cost of providing the services;

(5) conduct research, development, and demonstration programs related to the mission of 

Amtrak; and

(6) buy or lease rail rolling stock and develop and demonstrate improved rolling stock.

(d) Through routes and joint fares.—

(1) Establishing through routes and joint fares between Amtrak and other intercity rail 

passenger carriers and motor carriers of passengers is consistent with the public interest 

and the transportation policy of the United States. Congress encourages establishing those 

routes and fares.

(2) Amtrak may establish through routes and joint fares with any domestic or 

international motor carrier, air carrier, or water carrier.
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61

(3) Congress encourages Amtrak and motor common carriers of passengers to use the 

authority conferred in sections 11322 and 14302 of this title for the purpose of providing 

improved service to the public and economy of operation.

(e) Rail police.--Amtrak may directly employ or contract with rail police to provide security for 

rail passengers and property of Amtrak. Rail police directly employed by or contracted by 

Amtrak who have complied with a State law establishing requirements applicable to rail police 

or individuals employed in a similar position may be directly employed or contracted without 

regard to the law of another State containing those requirements.

(f) Domestic buying preferences.—

(1) In this subsection, “United States” means the States, territories, and possessions of the 

United States and the District of Columbia.

(2) Amtrak shall buy only--

(A) unmanufactured articles, material, and supplies mined or produced in the 

United States; or

(B) manufactured articles, material, and supplies manufactured in the United

States substantially from articles, material, and supplies mined, produced, or 

manufactured in the United States.

(3) Paragraph (2) of this subsection applies only when the cost of those articles, material, 

or supplies bought is at least $1,000,000.

(4) On application of Amtrak, the Secretary of Transportation may exempt Amtrak from 

this subsection if the Secretary decides that--

(A) for particular articles, material, or supplies--

(i) the requirements of paragraph (2) of this subsection are inconsistent 

with the public interest;

(ii) the cost of imposing those requirements is unreasonable; or

(iii) the articles, material, or supplies, or the articles, material, or supplies 

from which they are manufactured, are not mined, produced, or 

manufactured in the United States in sufficient and reasonably available 

commercial quantities and are not of a satisfactory quality; or

(B) rolling stock or power train equipment cannot be bought and delivered in the 

United States within a reasonable time.

Sec. 24312. Labor Standards

(a) Prevailing wages and health and safety standards.-- Amtrak shall ensure that laborers and 

mechanics employed by contractors and subcontractors in construction work financed under an 

agreement made under section 24308(a) of this title will be paid wages not less than those 

prevailing on similar construction in the locality, as determined by the Secretary of Labor under 

sections 3141-3144, 3146, and 3147 of title 40. Amtrak may make such an agreement only after 

being assured that required labor standards will be maintained on the construction work. Health 

and safety standards prescribed by the Secretary under section 3704 of title 40 apply to all 

construction work performed under such an agreement, except for construction work performed 

by a rail carrier.

(b) Wage rates.--Wage in a collective bargaining agreement negotiated under the Railway Labor 

Act (45 U.S.C. 151 et seq.) are deemed to comply with sections 3141-3144, 3146, and 3147 of 

title 40.
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62

(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 train 

per day during all of the days in fiscal year 2017 when the station was serviced by 

Amtrak, regardless of the number of Amtrak trains 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. 24315. Reports and Audits

(a) Amtrak annual operations report.--Not later than February 15 of each year, Amtrak shall 

submit to Congress a report that--

(1) for each route on which Amtrak provided intercity rail passenger transportation 

during the prior fiscal year, includes information on--

(A) ridership;

(B) passenger-miles;

(C) the short-term avoidable profit or loss for each passenger-mile;

(D) the revenue-to-cost ratio;

(E) revenues;

(F) the United States Government subsidy;

(G) the subsidy not provided by the United States Government; and

(H) on-time performance; and

(I) any change made to a route’s or service’s frequency or station stops; 

(2) provides relevant information about a decision to pay an officer of Amtrak more than 

the rate for level I of the Executive Schedule under section 5312 of title 5; and

(3) specifies--

(A) significant operational problems Amtrak identifies; and

(B) proposals by Amtrak to solve those problems.

(b) Amtrak general and legislative annual report.—

(1) Not later than February 15 of each year, Amtrak shall submit to the President and 

Congress a complete report of its operations, activities, and accomplishments, including a 

statement of revenues and expenditures for the prior fiscal year. The report--

(A) shall include a discussion and accounting of Amtrak's success in meeting the 

goal described in section 24902(a); the goal of section 24902(b) of this title; and

(B) may include recommendations for legislation, including the amount of 

financial assistance needed for operations and capital improvements, the method 

of computing the assistance, and the sources of the assistance; and.
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63

(C) shall incorporate the category described in section 24319(c)(2)(C). 

(2) Amtrak may submit reports to the President and Congress at other times Amtrak 

considers desirable.

(c) Secretary's report on effectiveness of this part.--The Secretary of Transportation shall prepare 

a report on the effectiveness of this part in meeting the requirements for a balanced 

transportation system in the United States. The report may include recommendations for 

legislation. The Secretary shall include this report as part of the annual report the Secretary 

submits under section 308(a) of this title.

(d) Independent audits.--An independent certified public accountant shall audit the financial 

statements of Amtrak each year. The audit shall be carried out at the place at which the financial 

statements normally are kept and under generally accepted auditing standards. A report of the 

audit shall be included in the report required by subsection (a) of this section.

(e) Comptroller General audits.--The Comptroller General may conduct performance audits of 

the activities and transactions of Amtrak. Each audit shall be conducted at the place at which the 

Comptroller General decides and under generally accepted management principles. The 

Comptroller General may prescribe regulations governing the audit.

(f) Availability of records and property of Amtrak and rail carriers.--Amtrak and, if required by 

the Comptroller General, a rail carrier with which Amtrak has made a contract for intercity rail 

passenger transportation shall make available for an audit under subsection (d) or (e) of this 

section all records and property of, or used by, Amtrak or the carrier that are necessary for the 

audit. Amtrak and the carrier shall provide facilities for verifying transactions with the balances 

or securities held by depositories, fiscal agents, and custodians. Amtrak and the carrier may keep 

all reports and property.

(g) Comptroller General's report to Congress.--The Comptroller General shall submit to 

Congress a report on each audit, giving comments and information necessary to inform Congress 

on the financial operations and condition of Amtrak and recommendations related to those 

operations and conditions. The report also shall specify any financial transaction or undertaking 

the Comptroller General considers is carried out without authority of law. When the Comptroller 

General submits a report to Congress, the Comptroller General shall submit a copy of it to the 

President, the Secretary, and Amtrak at the same time.

(h) Access to records and accounts.--A State shall have access to Amtrak's records, accounts, and 

other necessary documents used to determine the amount of any payment to Amtrak required of 

the State.

Sec. 24317. Accounts

(a) Purpose.--The purpose of this section is to--

(1) promote the effective use and stewardship by Amtrak of Amtrak revenues, Federal, 

State, and third party investments, appropriations, grants and other forms of financial 

assistance, and other sources of funds; and

(2) enhance the transparency of the assignment of revenues including Federal grant 

funds, and costs among Amtrak service lines and costs among Amtrak business lines

while ensuring the health of the Northeast Corridor and National Network.
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(b) Account structure.—

(1) In General.—Not later than 180 days after the date of enactment of the Passenger Rail 

Reform and Investment Act of 2015, the 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, at a minimum, the 

Northeast Corridor and the National Network.

(2) Notification of Substantive Changes.—The Secretary shall notify the Committee on 

Commerce, Science, and Transportation o 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).

(c) Financial sources.--In defining, maintaining, and updating the account structure and 

improvements to accounting methodologies required under subsection (b), the Secretary shall 

ensure, to the greatest extent practicable, that Amtrak assigns the following:

(1) For the Northeast Corridor account, all revenues, appropriations, grants and other 

forms of financial assistance, compensation, and other sources of funds associated with 

the Northeast Corridor, including--

(A) grant funds appropriated for the Northeast Corridor pursuant to section 

11101(a) of the Passenger Rail Reform and Investment Act of 2015 or any 

subsequent Act;

(B) compensation received from commuter rail passenger transportation providers 

for such providers' share of capital and operating costs on the Northeast Corridor 

provided to Amtrak pursuant to section 24905(c); and

(C) any operating surplus of the Northeast Corridor, as allocated pursuant to 

section 24318.

(2) For the National Network account, all revenues, appropriations, grants and other 

forms of financial assistance, compensation, and other sources of funds associated with 

the National Network, including--

(A) grant funds appropriated for the National Network pursuant to section 

11101(b) of the Passenger Rail Reform and Investment Act of 2015 or any 

subsequent Act;

(B) compensation received from States provided to Amtrak pursuant to section 

209 of the Passenger Rail Investment and Improvement Act of 2008 (42 U.S.C. 

24101 note);1 and

(C) any operating surplus of the National Network, as allocated pursuant to 

section 24318.

(d) Financial uses.--In defining, maintaining, and updating the account structure and 

improvements to accounting methodologies required under subsection (b), the Secretary shall 

ensure, to the greatest extent practicable, that amounts assigned to the Northeast Corridor and 

National Network accounts shall be used by Amtrak for the following:

(1) For the Northeast Corridor, all associated costs, including--
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65

(A) operating activities;

(B) capital activities as described in section 24904(a)(2)(E);

(C) acquiring, rehabilitating, manufacturing, remanufacturing, overhauling, or 

improving equipment and associated facilities used for intercity rail passenger 

transportation by Northeast Corridor train services;

(D) payment of principal and interest on loans for capital projects described in 

this paragraph or for capital leases attributable to the Northeast Corridor;

(E) other capital projects on the Northeast Corridor, determined appropriate by the 

Secretary, and consistent with section 24905(c)(1)(A)(i); and

(F) if applicable, capital projects described in section 24904(b).

(2) For the National Network, all associated costs, including--

(A) operating activities;

(B) capital activities; and

(C) the payment of principal and interest on loans or capital leases attributable to 

the National Network.

(e) Implementation and reporting.--

(1) In general.--Not later than 1 year after the date of enactment of the Passenger Rail 

Reform and Investment Act of 2015, Amtrak, in consultation with the Secretary of 

Transportation, shall maintain and implement any account structures and improvements 

defined under subsection (b) to enable so that Amtrak is able to produce sources and uses 

statements for each of the service lines profit and loss statements for each of the business 

lines described in section 24320(b)(1) and, as appropriate, each of the asset lines

categories described in section 24320(c)(1), that identify sources and uses of revenues, 

appropriations, and transfers between accounts.--

(A) revenues;

(B) appropriations; and

(C) transfers between business lines.

(2) Updated sources and uses statements profit and loss statements.--Not later than 30 

days 1 month after the implementation of subsection (b)under paragraph (1), and monthly 

thereafter, Amtrak shall submit to the Secretary of Transportation updated sources and 

uses profit and loss statements for each of the service business lines and asset lines 

referred to in paragraph (1) categories to the Secretary. The Secretary and Amtrak may 

agree to a different frequency of reporting.

(f) Account management.--For the purposes of account management, Amtrak may transfer funds 

between the Northeast Corridor account and National Network account without prior notification 

and approval under subsection (g) if such transfers--

(1) do not materially impact Amtrak's ability to achieve its anticipated financial, capital, 

and operating performance goals for the fiscal year; and

(2) would not materially change any grant agreement entered into pursuant to section 

24319(d), or other agreements made pursuant to applicable Federal law.

(g) Transfer authority.--

(1) In general.--If Amtrak determines that a transfer between the accounts defined under 

subsection (b) does not meet the account management standards established under 
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66

subsection (f), Amtrak may transfer funds between the Northeast Corridor and National 

Network accounts if--

(A) Amtrak notifies the Amtrak Board of Directors, including the Secretary, at 

least 10 days prior to the expected date of transfer; and

(B) solely for a transfer that will materially change a grant agreement, the 

Secretary approves.

(2) Report.--Not later than 5 days after the Amtrak Board of Directors receives 

notification from Amtrak under paragraph (1)(A), the Board shall transmit to the 

Secretary, the Committee on Transportation and Infrastructure and the Committee on 

Appropriations of the House of Representatives, and the Committee on Commerce, 

Science, and Transportation and the Committee on Appropriations of the Senate, a report 

that includes--

(A) the amount of the transfer; and

(B) a detailed explanation of the reason for the transfer, including--

(i) the effects on Amtrak services funded by the account from which the 

transfer is drawn, in comparison to a scenario in which no transfer was 

made; and

(ii) the effects on Amtrak services funded by the account receiving the 

transfer, in comparison to a scenario in which no transfer was made.

(3) Notifications.--Not later than 5 days after the date that Amtrak notifies the Amtrak 

Board of Directors of a transfer under paragraph (1) to or from an account, Amtrak shall 

transmit to the State-Supported Route Committee and Northeast Corridor Commission a 

letter that includes the information described under subparagraphs (A) and (B) of 

paragraph (2).

(h) Report.--Not later than 2 years after the date of enactment of the Passenger Rail Reform and 

Investment Act of 2015, Amtrak shall submit to the Secretary a report assessing the account and 

reporting structure established under this section and providing any recommendations for further 

action. Not later than 180 days after the date of receipt of such report, the Secretary shall provide 

an assessment that supplements Amtrak's report and submit the Amtrak report with the 

supplemental assessment to the Committee on Commerce, Science, and Transportation of the 

Senate and the Committee on Transportation and Infrastructure of the House of Representatives.

(hi) Definition of Northeast Corridor.--Notwithstanding section 24102, for purposes of this 

section, the term “Northeast Corridor” means the Northeast Corridor main line between Boston, 

Massachusetts, and the District of Columbia, and facilities and services used to operate and 

maintain that line.

Sec. 24318. Costs and Revenues

(a) Allocation.--Not later than 180 days after the date of enactment of the Passenger Rail Reform 

and Investment Act of 2015, Amtrak shall establish and maintain internal controls to ensure 

Amtrak's costs, revenues, and other compensation are appropriately allocated to the Northeast 

Corridor, including train services or infrastructure, or the National Network, including 

proportional shares of common and fixed costs.
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67

(b) Rule of construction.--Nothing in this section shall be construed to limit the ability of Amtrak 

to enter into an agreement with 1 or more States to allocate operating and capital costs under 

section 209 of the Passenger Rail Investment and Improvement Act of 2008 (49 U.S.C. 24101 

note).

(c) Definition of Northeast Corridor.--Notwithstanding section 24102, for purposes of this 

section, the term “Northeast Corridor” means the Northeast Corridor main line between Boston, 

Massachusetts, and the District of Columbia, and facilities and services used to operate and 

maintain that line.

Sec. 24319. Grant Process and reporting

(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.

Not later than 90 days after the date of enactment of the Passenger Rail Reform and Investment 

Act of 2015, the Secretary of Transportation shall establish and transmit to the Committee on 

Commerce, Science, and Transportation and the Committee on Appropriations of the Senate and 

the Committee on Transportation and Infrastructure and the Committee on Appropriations of the 

House of Representatives substantive and procedural requirements, including schedules, for 

grant requests under this section.

(b) Grant requests.--Amtrak shall transmit to the Secretary a grant request annually, or as 

additionally required, grant requests for Federal funds appropriated to the Secretary of 

Transportation for the use of Amtrak.

(c) Contents.--A grant request under subsection (b) shall, as applicable--

(1) In General.—Each grant request under subsection (b) shall, as applicable—

(1) describe projected operating and capital costs for the upcoming fiscal year for 

Northeast Corridor activities, including train services and infrastructure, and National 

Network activities, including State-supported routes and long-distance routes, in 

comparison to prior fiscal year actual financial performance;

(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 
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68

(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 a 

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 system, to maintain 

and sustain the condition and performance of such assets to support 

continued railroad operations; 

(ii) improvements 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 
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69

(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. 

(2) describe the capital projects to be funded, with cost estimates and an estimated 

timetable for completion of the projects covered by the request;

(3) assess Amtrak's financial condition; and

(4) describe the status of efforts to improve safety and security on the Northeast Corridor 

main line, including a description of any efforts to implement recommendations of 

relevant railroad safety advisory committees.

(d) Review and approval.--

(1) Thirty-day approval process.--

(A) In general.--Not later than 30 days after the date that Amtrak submits a 

complete grant request under this section, the Secretary of Transportation shall 

finish shall complete a review of the request and provide notice to Amtrak that--

(i) the request is approved; or

(ii) the request is disapproved, including the reason for the disapproval and 

an explanation of any incomplete or deficient items.

(B) Grant agreement.--If a grant request is approved, the Secretary shall enter into 

a grant agreement with Amtrak.

(2) Fifteen-day modification period.--Not later than 15 days after the date of a notice 

under paragraph (1)(A)(ii), Amtrak shall submit a modified request for the Secretary's 

review.

(3) Modified requests.--Not later than 15 days after the date that Amtrak submits a 

modified request under paragraph (2), the Secretary shall either approve the modified 

request, or, if the Secretary finds that the request is still incomplete or deficient, the 

Secretary shall identify in writing to the Committee on Commerce, Science, and 

Transportation and the Committee on Appropriations of the Senate and the Committee on 

Transportation and Infrastructure and the Committee on Appropriations of the House of 

Representatives the remaining deficiencies and recommend a process for resolving the 

outstanding portions of the request.

(e) Payments to Amtrak.--

(1) In general.--A grant agreement entered into under subsection (d) shall specify the 

operations, services, 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 other activities to be funded by the grant. The grant agreement shall include 

provisions, consistent with the requirements of this chapter, to measure Amtrak's 

performance and ensure accountability in delivering the operations, services, programs, 

projects, or other activities or activities to be funded by the grant.

(2) Schedule.--Except as provided in paragraph (3), in each fiscal year for which amounts 

are appropriated to the Secretary for the use of Amtrak, and for which the Secretary and 
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70

Amtrak have entered into a grant agreement under subsection (d), the Secretary shall 

disburse grant funds to Amtrak on the following schedule:

(A) 50 percent on October 1.

(B) 25 percent on January 1.

(C) 25 percent on April 1.

(3) Exceptions.--The Secretary may make a payment to Amtrak of appropriated funds—

(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;

(BA) more frequently than the schedule under paragraph (2) if Amtrak, for good 

cause, requests more frequent payment before the end of a payment period; or

(CB) with a different frequency or in different percentage allocations in the event 

of a continuing resolution or in the absence of an appropriations Act for the 

duration of a fiscal year.

(f) Availability of amounts and early appropriations.--Amounts appropriated to the Secretary for 

the use of Amtrak shall remain available until expended. Amounts for capital acquisitions and 

improvements may be appropriated for a fiscal year before the fiscal year in which the amounts 

will be obligated.

(g) Limitations on use.--Amounts appropriated to the Secretary for the use of Amtrak may not be 

used to cross-subsidize operating losses or capital costs of commuter rail passenger or freight rail 

transportation.

(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).

(jh) Definition of Northeast Corridor.--Notwithstanding section 24102, for purposes of this 

section, the term “Northeast Corridor” means the Northeast Corridor main line between Boston, 

Massachusetts, and the District of Columbia, and facilities and services used to operate and 

maintain that line.

Sec. 24320. Amtrak 5-Year service line and asset line plans Business Line and 

Asset Plans

(a) In general.--
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71

(1) Final plans.--Not later than February 15, 2020 and biennially thereafter of each year, 

Amtrak shall submit to Congress and the Secretary of Transportation final 5-year service 

line plans and 5-year asset line plans 5-year business line plans and 5-year asset plans

prepared in accordance with this section. These final plans shall form the basis for 

Amtrak's general and legislative annual report to the President and Congress required by 

section 24315(b). Each plan shall cover a period of 5 fiscal years, beginning with the first 

fiscal year after the date on which the plan is completed. 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).

(2) Fiscal constraint.--Each plan prepared under this section shall be based on funding 

levels authorized or otherwise available to Amtrak in a fiscal year. In the absence of an 

authorization or appropriation of funds for a fiscal year, the plans shall be based on the 

amount of funding available in the previous fiscal year, plus inflation. Amtrak may 

include an appendix to the asset line plan required under asset plan required in subsection 

(c) that describes any funding needs in excess of amounts authorized or otherwise 

available to Amtrak in a fiscal year.

(b) Amtrak 5-year service business line plans.--

(1) Amtrak service business lines.--Amtrak shall prepare a 5-year service business line 

plan for each of the following business lines and services:

(A) Northeast Corridor train services.

(B) Amtrak State-supported train services State-supported routes operated by 

Amtrak.

(C) Long-distance train services routes operated by Amtrak.

(D) Ancillary services operated by Amtrak, including commuter operations and 

other revenue generating activities as determined by the Secretary in coordination 

with Amtrak.

(E) Infrastructure access services for use of Amtrak-owned or Amtrak-controlled 

infrastructure and facilities.

(2) Contents of 5-year service business line plans.--The 5-year service business line plan 

for each service business line shall include, at a minimum--

(A) a statement of Amtrak's objectives, goals, and service plan for the service 

business line, in consultation with any entities that are contributing capital or 

operating funding to support passenger rail services within those business lines, 

and aligned with Amtrak's 5-year asset line plans Strategic Plan and 5-year asset 

plans under subsection (c);

(B) a detailed description of any plans to permanently change a route’s or 

service’s frequency of station stops for the service line;

(CB) all projected revenues and expenditures for the service business line, 

including identification of revenues and expenditures incurred by--

(i) passenger operations;

(ii) non-passenger operations that are directly related to the service

business line; and
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72

(iii) governmental funding sources, including revenues and other funding 

received from States;

(DC) projected ridership levels for all passenger operations;

(ED) estimates of long-term and short-term debt and associated principal and 

interest payments (both current and forecasts);

(FE) annual sources and uses profit and loss statements and forecasts and balance 

sheets;

(F) annual cash flow forecasts;

(G) a statement describing the methodologies and significant assumptions 

underlying estimates and forecasts;

(H) specific performance measures that demonstrate year over year changes in the 

results of Amtrak's operations;

(I) financial performance for each route, if deemed applicable by the Secretary,

within each service business line, including descriptions of the cash operating loss 

or contribution and productivity for each route;

(J) specific costs and savings estimates resulting from reform initiatives;

(K) prior fiscal year and projected equipment reliability statistics; and

(L) an identification and explanation of any major adjustments made from 

previously-approved plans.

(3) 5-year service business line plans process.--In meeting the requirements of this 

section, Amtrak shall--

(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—

(iA) consult with the Secretary in the development of the service business

line plans;

(iiB) for the Northeast Corridor service business line plan, consult with the 

Northeast Corridor Commission and transmit to the Commission the final 

plan under subsection (a)(1), and consult with other entities, as 

appropriate;

(iiiC) for the State-supported route service business line plan, consult with 

the State-Supported Route Committee established under section 24712 and 

submit the final service line plan required under subsection (a)(1) to the 

State-Supported Route Committee;

(ivD) for the long-distance route service business line plan, consult with 

any States or Interstate Compacts that provide funding for such routes, as 

appropriate; and

(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;
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73

(BE) ensure that Amtrak's general and legislative annual report, required under 

section 24315(b), to the President and Congress is consistent with the information 

in the 5-year service business line plans; and

(CF) identify the appropriate Amtrak officials that are responsible for each service 

business line.

(4) 5-year Service line plans updates.—Amtrak may modify the content to be included in 

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.

(54) Definition of Northeast Corridor.--Notwithstanding section 24102, for purposes of 

this section, the term “Northeast Corridor” means the Northeast Corridor main line 

between Boston, Massachusetts, and the District of Columbia, and facilities and services 

used to operate and maintain that line.

(c) Amtrak 5-year asset line plans.--

(1) Asset lines categories.--Amtrak shall prepare a 5-year asset line plan for each of the 

following asset lines asset plan for each of the following asset categories:

(A) Transportation, including activities and resources associated with the 

operation and movement of Amtrak trains, onboard services, and amenities.

(BA) Infrastructure, including all Amtrak-controlled Northeast Corridor assets 

and other Amtrak-owned infrastructure, and the associated facilities and 

maintenance-of-way equipment that support the operation, maintenance, and 

improvement of those assets.

(CB) Equipment Passenger rail equipment, including all Amtrak-controlled 

rolling stock, locomotives, and mechanical shop facilities that are used to 

overhaul equipment.

(DC) Stations, including all Amtrak-controlled passenger rail stations and 

elements of other stations for which Amtrak has legal responsibility or intends to 

make capital investments.

(ED) National assets, including national reservations, security, training and 

training centers, and other assets associated with Amtrak's national rail passenger 

transportation system.

(2) Contents of 5-year asset line plans.--Each asset line plan shall include, at a 

minimum—

(A) a summary of Amtrak's 5-year strategic plan for each asset line category, 

including goals, objectives, any relevant performance metrics, and statutory or 

regulatory actions affecting the assets;

(B) an inventory of existing Amtrak capital assets, to the extent practicable, 

including information regarding shared use or ownership, if applicable;

(C) a prioritized list of proposed capital investments that--

(i) categorizes each capital project as being primarily associated with--

(I) normalized capital replacement;

(II) backlog capital replacement;
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74

(III) improvements to support service enhancements or growth;

(IV) strategic initiatives that will improve overall operational 

performance, lower costs, or otherwise improve Amtrak's 

corporate efficiency; or

(V) statutory, regulatory, or other legal mandates;

(ii) identifies each project or program that is associated with more than 1 

category described in clause (i); and

(iii) describes the anticipated business outcome of each project or program 

identified under this subparagraph, including an assessment of--

(I) the potential effect on passenger operations, safety, reliability, 

and resilience;

(II) the potential effect on Amtrak's ability to meet regulatory 

requirements if the project or program is not funded; and

(III) the benefits and costs; and

(D) annual sources and uses profit and loss statements and forecasts for each asset 

line; and and balance sheets for each asset category.

(E) other elements that Amtrak elects to include. 

(3) 5-Year asset line plan process.--In meeting the requirements of this subsection, 

Amtrak shall--

(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—

(iA) consult with each service business line described in subsection (b)(1) 

in the preparation of each 5-year asset line plan and ensure integration of 

each 5-year asset line plan with the 5-year service business line plans; and

(iiB) consult with the Secretary of Transportation in the development of 

asset line plans, and as applicable, consult with the Northeast Corridor 

Commission, the State-Supported Route Committee, and owners of assets 

affected by 5-year asset line plans; and

(BC) identify the appropriate Amtrak officials that are responsible for each asset 

line category.

(4) 5-year asset line plan updates.—Amtrak may modify the content to be included in the 

asset line plans described in paragraph (1), on 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.

(54) Evaluation of national assets costs.--The Secretary shall--

(A) evaluate the costs and scope of all national assets, but shall not include 

corporate services (as defined pursuant to section 24317(b)); and

(B) determine the activities and costs that are--

(i) required in order to ensure the efficient operations of a national rail 

passenger system;

(ii) appropriate for allocation to 1 of the other Amtrak business lines; and
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75

(iii) extraneous to providing an efficient national rail passenger system or 

are too costly relative to the benefits or performance outcomes they 

provide.

(65) Definition of national assets.--In this section, the term “national assets” means the 

Nation's core rail assets shared among Amtrak services, including national reservations, 

security, training and training centers, and other assets associated with Amtrak's national 

rail passenger transportation system.

(76) Restructuring of national assets.--Not later than 1 year after the date of completion 

of the evaluation under paragraph (5) paragraph (4), the Administrator of the Federal 

Railroad Administration, in consultation with the Amtrak Board of Directors, the 

governors of each relevant State, and the Mayor of the District of Columbia, or their 

designees, shall restructure or reallocate, or both, the national assets costs in accordance 

with the determination under that section, including making appropriate updates to 

Amtrak's cost accounting methodology and system.

(87) Exemption.--

(A) In general.--Upon written request from the Amtrak Board of Directors, the 

Secretary may exempt Amtrak from including in a plan required under this 

subsection any information described in paragraphs (1) and (2).

(B) Public availability.--The Secretary shall make available to the public on the 

Department's Internet Web site any exemption granted under subparagraph (A) 

and a detailed justification for granting such exemption.

(C) Inclusion in plan.--Amtrak shall include in the plan required under this 

subsection any request granted under subparagraph (A) and justification under 

subparagraph (B).

(d) Standards to promote financial stability.--In preparing plans under this section, Amtrak 

shall—

(1) apply sound budgetary practices, including reducing costs and other expenditures, 

improving productivity, increasing revenues, or combinations of such practices; and

(2) use the categories specified in the financial accounting and reporting system 

developed under section 203 of the Passenger Rail Investment and Improvement Act of 

2008 (49 U.S.C. 24101 note).

Sec. 24321. Food and beverage service Food and Beverage Reform

(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 onboard food and beverage service; 

(C) nonprofit organizations representing Amtrak passengers; and 
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76

(D) States that are providing funding for State-supported routes.

(a) Plan.--Not later than 90 days after the date of enactment of the Passenger Rail Reform and 

Investment Act of 2015, Amtrak shall develop and begin implementing a plan to eliminate, 

within 5 years of such date of enactment, the operating loss associated with providing food and 

beverage service on board Amtrak trains.

(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.

(b) Considerations.--In developing and implementing the plan, Amtrak shall consider a 

combination of cost management and revenue generation initiatives, including--

(1) scheduling optimization;

(2) on-board logistics;

(3) product development and supply chain efficiency;

(4) training, awards, and accountability;

(5) technology enhancements and process improvements; and

(6) ticket revenue allocation.

(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.

(dc) Savings clause.--Amtrak shall ensure that no Amtrak employee who held a holding 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,Passenger Rail Reform and Investment 

Act of 2015 is involuntarily separated because of--(1) the development and implementation of 

the plan required under this section. subsection (a); or

(2) any other action taken by Amtrak to implement this section.

(d) Report.--Not later than 120 days after the date of enactment of the Passenger Rail Reform 

and Investment Act of 2015, and annually thereafter for 5 years, Amtrak shall transmit to the 

Committee on Transportation and Infrastructure of the House of Representatives and the 

Committee on Commerce, Science, and Transportation of the Senate a report containing the plan 

developed pursuant to subsection (a) and a description of progress in the implementation of the 

plan.
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77

Sec. 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. 

Chapter 247

Sec. 24706. Discontinuance

(a) Notice of discontinuance.—

(1) Except as provided in subsection (c), not later than 180 days subsection (b) of this 

section, at least 180 days before discontinuing service over a route, Amtrak shall give 

notice of the discontinuance in the way Amtrak decides will give a State, a regional or 

local authority, or another person the opportunity to agree to share or assume the cost of 

any part of the train, route, or service to be discontinued.

(2) Notice of the discontinuance under paragraph (1) shall be posted in all stations served 

by the train to be discontinued at least 14 days before the discontinuance.

(b) Discontinuance or substantial alternation 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.

(cb) Discontinuance for lack of appropriations.—

(1) Amtrak may discontinue service under subsection (a)(1) during--

(A) the first month of a fiscal year if the authorization of appropriations and the 

appropriations for Amtrak are not enacted at least 90 days before the beginning of 

the fiscal year; and

(B) the 30 days following enactment of an appropriation for Amtrak or a 

rescission of an appropriation.

(2) Amtrak shall notify each affected State or regional or local transportation authority of 

a discontinuance under this subsection as soon as possible after Amtrak decides to 

discontinue the service.

(d) Congressional notification or 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.

(ec) Applicability.--This section applies to all service over routes provided by Amtrak, 

notwithstanding any provision of section 24701 of this title or any other provision of this title 

except section 24702(b).
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78

Sec. 24712. State-Supported Routes Operated by Amtrak

(a) State-Supported Route Committee.--

(1) Establishment.—There is established 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 the State-Supported Route Committee (referred to in this 

section as the “Committee”) to promote mutual cooperation and planning pertaining to 

the current and future rail operations of Amtrak and related activities of trains operated 

by Amtrak on State-supported routes and to further implement section 209 of the 

Passenger Rail Investment and Improvement Act of 2008 (49 U.S.C. 24101 note).

(2) Membership.--

(A) In general.--The Committee shall consist of--

(i) members representing Amtrak;

(ii) members representing the Department of Transportation, including the 

Federal Railroad Administration; and

(iii) members representing States.

(B) Non-voting members.--The Committee may invite and accept other nonvoting members to participate in Committee activities, as appropriate.

(3) Decisionmaking.--The Committee shall establish a bloc voting system under which, at 

a minimum--

(A) there are 3 separate voting blocs to represent the Committee's voting 

members, including--

(i) 1 voting bloc to represent the members described in paragraph 

(2)(A)(i);

(ii) 1 voting bloc to represent the members described in paragraph 

(2)(A)(ii); and

(iii) 1 voting bloc to represent the members described in paragraph 

(2)(A)(iii);

(B) each voting bloc has 1 vote;

(C) the vote of the voting bloc representing the members described in paragraph 

(2)(A)(iii) requires the support of at least two-thirds of that voting bloc's 

members; and

(D) the Committee makes decisions by unanimous consent of the 3 voting blocs.

(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. 

(54) Meetings; rules and procedures.--The Committee shall define and periodically 

update convene a meeting and shall define and implement the rules and procedures 

governing the Committee's proceedings not later than 180 days after the date of 

establishment of the Committee by the Secretary. The rules and procedures shall--
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79

(A) incorporate and further describe the decisionmaking procedures to be used in 

accordance with paragraph (3); and

(B) be adopted in accordance with such decisionmaking procedures.

(65) Committee decisions.--Decisions made by the Committee in accordance with the 

Committee's rules and procedures, once established, are binding on all Committee 

members.

(76) Cost methodology policy allocation methodology.--

(A) In general.--Subject to subparagraph (B), the Committee may amend the cost 

methodology policy allocation methodology required and previously approved 

under section 209 of the Passenger Rail Investment and Improvement Act of 2008 

(49 U.S.C. 24101 note).

(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 
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80

(II) procedures or broad guidelines for conducting financial 

planning, including operating and capital forecasting, reporting, 

data sharing, and governance.

(B) Procedures for changing methodology.--The rules and procedures 

implemented under paragraph (4) shall include procedures for changing the cost 

allocation methodology.

(C) Requirements.--The cost methodology policy allocation methodology shall--

(i) ensure equal treatment in the provision of like services of all States and 

groups of States; and

(ii) allocate to each route the costs incurred only for the benefit of that 

route and a proportionate share, based upon factors that reasonably reflect 

relative use, of costs incurred for the common benefit of more than 1 route

and; .

(iii) promote increased efficiency in Amtrak’s operating and capital 

activities. 

(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.

(b) Invoices and reports.--Not later than April 15, 2016, and monthly thereafter, Amtrak shall 

provide to each State that sponsors a State-supported route a monthly invoice of the cost of 

operating such route, including fixed costs and third-party costs. The Committee shall determine 

the frequency and contents of financial and performance reports that Amtrak shall provide to the 

States, as well as the planning and demand reports that the States shall provide to Amtrak.

(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.
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81

(c) Dispute resolution.--

(1) Request for dispute resolution.--If a dispute arises with respect to the rules and 

procedures implemented under subsection (a)(5) (a)(4), an invoice or a report provided 

under subsection (b), implementation or compliance with the cost allocation methodology 

developed under section 209 of the Passenger Rail Investment and Improvement Act of 

2008 (49 U.S.C. 24101 note) or amended under subsection (a)(7) (a)(6) of this section, 

either Amtrak or the State may request that the Surface Transportation Board conduct 

dispute resolution under this subsection.

(2) Procedures.--The Surface Transportation Board shall establish procedures for 

resolution of disputes brought before it under this subsection, which may include 

provision of professional mediation services.

(3) Binding effect.--A decision of the Surface Transportation Board under this subsection 

shall be binding on the parties to the dispute.

(4) Obligation.--Nothing in this subsection shall affect the obligation of a State to pay an 

amount related to a State-supported route that a State sponsors that is not in dispute.

(d) Assistance.--

(1) In general.--The Secretary may provide assistance to the parties in the course of 

negotiations for a contract for operation of a State-supported route.

(2) Financial assistance.--From among available funds, the Secretary shall provide--

(A) financial assistance to Amtrak or 1 or more States to perform requested 

independent technical analysis of issues before the Committee; and

(B) administrative expenses that the Secretary determines necessary.

(e) Performance metrics.--In negotiating a contract for operation of a State-supported route, 

Amtrak and the State or States that sponsor the route shall consider including provisions that 

provide penalties and incentives for performance, 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.

(f) Statement of goals and objectives.--

(1) In general.--The Committee shall develop and review and update, as necessary, a 

statement of goals, objectives, and associated recommendations concerning the future of 

State-supported routes operated by Amtrak. The statement shall identify the roles and 

responsibilities of Committee members and any other relevant entities, such as host 

railroads, in meeting the identified goals and objectives, or carrying out the 

recommendations. The Committee may consult with such relevant entities, as the 

Committee considers appropriate, when developing the statement.

(2) Transmission of statement of goals and objectives.—As applicable, based on updates, 

the Committee shall submit an updated statement 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 developed under paragraph (1) to the Committee on 

Commerce, Science, and Transportation of the Senate and the Committee on 

Transportation and Infrastructure of the House of Representatives.

(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 
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82

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.

(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 that would be providing funding for such 

route 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 o 

the Senate and the Committee on Transportation and Infrastructure of the House of 

Representatives that assesses the implementation o the updated policy. 

(i) Identification of State-Supported Route Changes.—Amtrak shall—

(1) not later than 120 days before the submission o 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 Statesupported routes, including the introduction o 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 [to] subsection (g)(2). 
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83

(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 impact of the State-supported routes on local station areas, job creation, 

transportation efficiency, State economics, and the national economy.

(kg) Rule of construction.--The decisions of the Committee--

(1) shall pertain to the rail operations of Amtrak and related activities of trains operated 

by Amtrak on State-sponsored routes; and

(2) shall not pertain to the rail operations or related activities of services operated by 

other rail carriers on State-supported routes.

(lh) Definition of State.--In this section, the term “State” means any of the 50 States, including 

the District of Columbia, that sponsor the operation of trains by Amtrak on a State-supported 

route, or a public entity that sponsors such operation on such a route.

Chapter 249

Sec. 24903. General Authority

(a) General.--To carry out this chapter and the Regional Rail Reorganization Act of 1973 (45 

U.S.C. 701 et seq.), Amtrak may--

(1) acquire, maintain, and dispose of any interest in property used to provide improved 

high-speed rail transportation under section 24902 of this title;

(2) acquire, by condemnation or otherwise, any interest in real property that Amtrak

considers necessary to carry out the goals of section 24902;

(3) provide for rail freight, intercity rail passenger, and commuter rail passenger 

transportation over property acquired under this section;

(4) improve rail rights of way between Boston, Massachusetts, and the District of 

Columbia (including the route through Springfield, Massachusetts, and routes to 

Harrisburg, Pennsylvania, and Albany, New York, from the Northeast Corridor main 

line) to achieve the goals of section 24902 of providing improved high-speed rail 

passenger transportation between Boston, Massachusetts, and the District of Columbia, 

and intermediate intercity markets;

(5) acquire, build, improve, and install passenger stations, communications and electric 

power facilities and equipment, public and private highway and pedestrian crossings, and 

other facilities and equipment necessary to provide improved high-speed rail passenger 

transportation over rights of way improved under clause (4) of this subsection;

(6) make agreements with other carriers and commuter authorities to grant, acquire, or 

make arrangements for rail freight or commuter rail passenger transportation over, rights 

of way and facilities acquired under the Regional Rail Reorganization Act of 1973 (45 

U.S.C. 701 et seq.), the Railroad Revitalization and Regulatory Reform Act of 1976 (45 
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84

U.S.C. 801 et seq.), and chapter 224 of this title; and and the Railroad Revitalization and 

Regulatory Reform Act of 1976 (45 U.S.C. 801 et seq.); and

(7) appoint a general manager of the Northeast Corridor improvement program.

(b) Compensatory agreements.--Rail freight and commuter rail passenger transportation provided 

under subsection (a)(3) of this section shall be provided under compensatory agreements with the 

responsible carriers.

(c) Compensation for transportation over certain rights of way and facilities.—

(1) An agreement under subsection (a)(6) of this section shall provide for reasonable 

reimbursement of costs but may not cross-subsidize intercity rail passenger, commuter 

rail passenger, and rail freight transportation.

(2) If the parties do not agree, the Surface Transportation Board shall order that the 

transportation continue over facilities acquired under the Regional Rail Reorganization 

Act of 1973 (45 U.S.C. 701 et seq.), the Railroad Revitalization and Regulatory Reform 

Act of 1976 (45 U.S.C. 801 et seq.), and chapter 224 of this title and the Railroad 

Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 801 et seq.) and shall 

determine compensation (without allowing cross-subsidization between commuter rail 

passenger and intercity rail passenger and rail freight transportation) for the 

transportation not later than 120 days after the dispute is submitted. The Board shall 

assign to a rail carrier obtaining transportation under this subsection the costs Amtrak 

incurs only for the benefit of the carrier, plus a proportionate share of all other costs of 

providing transportation under this paragraph incurred for the common benefit of Amtrak 

and the carrier. The proportionate share shall be based on relative measures of volume of 

car operations, tonnage, or other factors that reasonably reflect the relative use of rail 

property covered by this subsection.

(3) This subsection does not prevent the parties from making an agreement under 

subsection (a)(6) of this section after the Board makes a decision under this subsection.

Sec. 24904. Northeast Corridor Planning

(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 
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85

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 o 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 24903(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 
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86

(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).

(a) Northeast Corridor capital investment plan.--

(1) Requirement.--Not later than May 1 of each year, the Northeast Corridor Commission 

established under section 24905 (referred to in this section as the “Commission”) shall--

(A) develop a capital investment plan for the Northeast Corridor; and

(B) submit the capital investment plan to the Secretary of Transportation and the 

Committee on Commerce, Science, and Transportation of the Senate and the 

Committee on Transportation and Infrastructure of the House of Representatives.

(2) Contents.--The capital investment plan shall--

(A) reflect coordination and network optimization across the entire Northeast 

Corridor;

(B) integrate the individual capital and service plans developed by each operator 

using the methods described in the cost allocation policy developed under section 

24905(c);

(C) cover a period of 5 fiscal years, beginning with the first fiscal year after the 

date on which the plan is completed;

(D) notwithstanding section 24902(b), identify, prioritize, and phase the 

implementation of projects and programs to achieve the service outcomes 

identified in the Northeast Corridor service development plan and the asset 

condition needs identified in the Northeast Corridor asset management plans, 

once available, and consider--

(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--

(i) normalized capital replacement and basic infrastructure renewals;

(ii) replacement or rehabilitation of major Northeast Corridor 

infrastructure assets, including tunnels, bridges, stations, and other assets;

(iii) statutory, regulatory, or other legal mandates;

(iv) improvements to support service enhancements or growth; or

(v) strategic initiatives that will improve overall operational performance 

or lower costs;

(F) identify capital projects and programs that are associated with more than 1 

category described in subparagraph (E);

(G) describe the anticipated outcomes of each project or program, including an 

assessment of--

(i) the potential effect on passenger accessibility, operations, safety, 

reliability, and resiliency;
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87

(ii) the ability of infrastructure owners and operators to meet regulatory 

requirements if the project or program is not funded; and

(iii) the benefits and costs; and

(H) include a financial plan.

(3) Financial plan.--The financial plan under paragraph (2)(H) shall--

(A) identify funding sources and financing methods;

(B) identify the expected allocated shares of costs pursuant to the cost allocation 

policy developed under section 24905(c);

(C) identify the projects and programs that the Commission expects will receive 

Federal financial assistance; and

(D) identify the eligible entity or entities that the Commission expects will receive 

the Federal financial assistance described under subparagraph (C) and implement 

each capital project.

(cb) Failure to develop a capital investment plan.--If a capital investment plan has not been 

developed by the Commission for a given fiscal year, then the funds assigned to the Northeast 

Corridor account established under section 24317(b) for that fiscal year may be spent only on 

capital projects and programs contained in the Commission’s capital investment plan for the 

prior fiscal year. spent only on--

(1) capital projects described in clause (i) or (iii) of subsection (a)(2)(E) of this section; or

(2) capital projects described in subsection (a)(2)(E)(iv) or (v) of this section that are for 

the sole benefit of Amtrak.

(dc) 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 as 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 o 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 o such capital assets since 

the submission of the prior version of the plan. 

(1) Contents.--With regard to its infrastructure, Amtrak and each State and public 

transportation entity that owns infrastructure that supports or provides for intercity rail 

passenger transportation on the Northeast Corridor shall develop an asset management 

system and develop and update, as necessary, a Northeast Corridor asset management 

plan for each service territory described in subsection (a) that--

(A) is consistent with the Federal Transit Administration process, as authorized 

under section 5326, when implemented; and
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(B) includes, at a minimum--

(i) an inventory of all capital assets owned by the developer of the asset 

management plan;

(ii) an assessment of asset condition;

(iii) a description of the resources and processes necessary to bring or 

maintain those assets in a state of good repair, including decision-support 

tools and investment prioritization methods; and

(iv) a description of changes in asset condition since the previous version 

of the plan.

(2) Transmittal.--Each entity described in paragraph (1) shall transmit to the 

Commission--

(A) not later than 2 years after the date of enactment of the Passenger Rail Reform 

and Investment Act of 2015, a Northeast Corridor asset management plan 

developed under paragraph (1); and

(B) at least biennially thereafter, an update to such plan.

(d) Northeast Corridor service development plan updates.--Not less frequently than once every 

10 years, the Commission shall update the Northeast Corridor service development plan.

(e) Definition of Northeast Corridor.--In this section, the term “Northeast Corridor” means the 

main line between Boston, Massachusetts, and the District of Columbia, and the Northeast 

Corridor branch lines connecting to Harrisburg, Pennsylvania, Springfield, Massachusetts, and

Spuyten Duyvil, New York, including the facilities and services used to operate and maintain 

those lines.

Sec. 24905. Northeast Corridor Commission; Safety Committee

(a) Northeast Corridor Commission.--

(1) Within 180 days after the date of enactment of the Passenger Rail Investment and 

Improvement Act of 2008, the Secretary of Transportation shall establish a Northeast 

Corridor Commission (referred to in this section as the “Commission”) to promote 

mutual cooperation and planning pertaining to the rail operations, infrastructure 

investments, and related activities of the Northeast Corridor. The Commission shall be 

made up of--

(A) members representing Amtrak;

(B) members representing the Department of Transportation, including the Office 

of the Secretary, the Federal Railroad Administration, and the Federal Transit 

Administration;

(C) 1 member from each of the States (including the District of Columbia) that 

constitute the Northeast Corridor as defined in section 24102, designated by, and 

serving at the pleasure of, the chief executive officer thereof; and

(D) non-voting representatives of freight and commuter railroad carriers

authorities using the Northeast Corridor selected by the Secretary.
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(2) The Secretary shall ensure that the membership belonging to any of the groups 

enumerated under paragraph (1) shall not constitute a majority of the Commission's 

memberships.

(3) The Commission shall establish a schedule and location for convening meetings, but 

shall meet no less than four times per fiscal year, and the Commission shall develop rules 

and procedures to govern the Commission's proceedings.

(4) A vacancy in the Commission shall be filled in the manner in which the original 

appointment was made.

(5) Members shall serve without pay but shall receive travel expenses, including per diem 

in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5.

(6) The members of the Commission shall elect co-chairs consisting of 1 member 

described in paragraph (1)(B) and 1 member described in paragraph (1)(C).

(7) The Commission may appoint and fix the pay of such personnel as it considers 

appropriate.

(8) Upon request of the Commission, the head of any department or agency of the United 

States may detail, on a reimbursable basis, any of the personnel of that department or 

agency to the Commission to assist it in carrying out its duties under this section.

(9) Upon the request of the Commission, the Administrator of General Services shall 

provide to the Commission, on a reimbursable basis, the administrative support services 

necessary for the Commission to carry out its responsibilities under this section.

(10) The Commission shall consult with other entities as appropriate.

(b) Statement of goals and recommendations.--

(1) Statement of goals.--The Commission shall develop and periodically update a 

statement of goals concerning the future of Northeast Corridor rail infrastructure and 

operations based on achieving expanded and improved intercity, commuter, and freight 

rail services operating with greater safety and reliability, reduced travel times, increased 

frequencies and enhanced intermodal connections designed to address airport and 

highway congestion, reduce transportation energy consumption, improve air quality, and 

increase economic development of the Northeast Corridor region.

(2) Recommendations.--The Commission shall develop recommendations based on the 

statement developed under this section addressing, as appropriate--

(A) short-term and long-term capital investment needs;

(B) future funding requirements for capital improvements and maintenance;

(C) operational improvements of intercity passenger rail, commuter rail, and 

freight rail services;

(D) opportunities for additional non-rail uses of the Northeast Corridor;

(E) scheduling and dispatching;

(F) safety and security enhancements;

(G) equipment design;

(H) marketing of rail services;

(I) future capacity requirements; and

(J) potential funding and financing mechanisms for projects of corridor-wide 

significance.
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(3) Submission of statement of goals, recommendations, and performance reports.--The 

Commission 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) any updates made to the statement of goals developed under paragraph (1) not 

later than 60 days after such updates are made; and

(B) annual performance reports and recommendations for improvements, as 

appropriate, issued not later than March 31 of each year, for the prior fiscal year, 

which summarize--

(i) the operations and performance of commuter, intercity, and freight rail 

transportation including ridership trends along the Northeast Corridor; and

(ii) the delivery of the first year of the capital investment plan described in 

section 24904; and.

(iii) progress in assessing and eliminating the state-of-good-repair 

backlog.

(c) Allocation of costs.--

(1) Policy Development of policy.--The Commission shall--

(A) develop and maintain the standardized policy first approved on September 17, 

2015, and update, as appropriate, develop a standardized policy for determining 

and allocating costs, revenues, and compensation for Northeast Corridor 

commuter rail passenger transportation, as defined in section 24102 of this title, 

on the Northeast Corridor main line between Boston, Massachusetts, and 

Washington, District of Columbia, and the Northeast Corridor branch lines 

connecting to Harrisburg, Pennsylvania, Springfield, Massachusetts, and Spuyten 

Duyvil, New York, that use Amtrak facilities or services or that provide such 

facilities or services to Amtrak that ensures that--

(i) there is no cross-subsidization of commuter rail passenger, intercity rail 

passenger, or freight rail transportation;

(ii) each service is assigned the costs incurred only for the benefit of that 

service, and a proportionate share, based upon factors that reasonably 

reflect relative use, of costs incurred for the common benefit of more than 

1 service; and

(iii) all financial contributions made by an operator of a service that 

benefit an infrastructure owner other than the operator are considered, 

including but not limited to, any capital infrastructure investments and inkind services;

(B) develop a proposed timetables for implementing and maintaining the policy;

(C) submit updates to the policy and timetables the policy and the timetable

developed under subparagraph (B) to the Surface Transportation Board, the 

Committee on Commerce, Science, and Transportation of the Senate, and the 

Committee on Transportation and Infrastructure of the House of Representatives;

(D) support the efforts of the members of the Commission to implement the 

policy in accordance with the timetables developed pursuant to subparagraph (B); 
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not later than October 1, 2015, adopt and implement the policy in accordance with 

the timetable; and

(E) with the consent of a majority of its members, petition the Surface 

Transportation Board to appoint a mediator to assist the Commission members 

through nonbinding mediation to reach an agreement under this section.

(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.

Amtrak and public authorities providing commuter rail passenger transportation on the 

Northeast Corridor shall implement new agreements for usage of facilities or services 

based on the policy developed under paragraph (1) in accordance with the timetable 

established therein. If the entities fail to implement such new agreements in accordance 

with paragraph (1)(D) or fail to comply with the policy thereafter, the Surface 

Transportation Board shall determine the appropriate compensation for such usage 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)(A), as applicable. The Surface Transportation Board shall enforce its determination 

on the party or parties involved.

(3) Revisions.--The Commission may make necessary revisions to the policy developed 

under paragraph (1), including revisions based on Amtrak's financial accounting system 

developed pursuant to section 203 of the Passenger Rail Investment and Improvement 

Act of 2008.

(4) Request for dispute resolution.--If a dispute arises with the implementation of, or 

compliance with, the policy developed under paragraph (1), the Commission, Amtrak, or 

commuter authorities public authorities providing commuter rail passenger transportation

on the Northeast Corridor may request that the Surface Transportation Board conduct 

dispute resolution. The Surface Transportation Board shall establish procedures for 

resolution of disputes brought before it under this paragraph, which may include the 

provision of professional mediation services.

(d) Authorization of appropriations.--There are authorized to be appropriated to the Secretary for 

the use of the Commission and the Northeast Corridor Safety Committee such sums as may be 

necessary to carry out this section during fiscal years 2022 through 2026 2016 through 2020, in 
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addition to any amounts withheld under section 22101(e) of the Passenger Rail Expansion and 

Rail Safety Act of 2021 section 11101(g) of the Passenger Rail Reform and Investment Act of 

2015.

(e) Northeast Corridor Safety Committee.--

(1) In general.--The Secretary shall establish a Northeast Corridor Safety Committee 

composed of members appointed by the Secretary. The members shall be representatives 

of--

(A) the Department of Transportation, including the Federal Railroad 

Administration;

(B) Amtrak;

(C) freight carriers operating more than 150,000 train miles a year on the main 

line of the Northeast Corridor;

(D) commuter rail agencies;

(E) rail passengers;

(F) rail labor; and

(G) other individuals and organizations the Secretary decides have a significant 

interest in rail safety or security.

(2) Sunset.--The Committee established under this subsection ceases to exist on the date 

that the Secretary determines positive train control, as required by section 20157, is fully 

implemented along the Northeast Corridor.

Sec. 24911. Federal-State Partnership for intercity passenger rail for State of 

Good Repair

(a) Definitions.--In this section:

(1) Applicant.--The term “applicant” means--

(A) a State (including the District of Columbia);

(B) a group of States;

(C) an Interstate Compact;

(D) a public agency or publicly chartered authority established by 1 or more 

States;

(E) a political subdivision of a State;

(F) Amtrak, acting on its own behalf or under a cooperative agreement with 1 or 

more States; or

(G) a federally recognized Indian Tribe; or 

(HG) any combination of the entities described in subparagraphs (A) through (F).

(2) Capital project.--The term “capital project” means--

(A) a project primarily intended to replace, rehabilitate, or repair major 

infrastructure assets utilized for providing intercity rail passenger service, 

including tunnels, bridges, stations, and other assets, as determined by the 

Secretary; or
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(B) a project primarily intended to improve intercity passenger rail performance, 

including reduced trip times, increased train frequencies, higher operating speeds, 

and other improvements, as determined by the Secretary.

(23) Intercity rail passenger transportation.--The term “intercity rail passenger 

transportation” has the meaning given the term in section 24102.

(34) Northeast corridor.--The term “Northeast Corridor” means--

(A) the main rail line between Boston, Massachusetts and the District of 

Columbia;

(B) the branch rail lines connecting to Harrisburg, Pennsylvania, Springfield, 

Massachusetts, and Spuyten Duyvil, New York; and

(C) facilities and services used to operate and maintain lines described in 

subparagraphs (A) and (B).

(5) Qualified railroad asset.--The term “qualified railroad asset” means infrastructure, 

equipment, or a facility that--

(A) is owned or controlled by an eligible applicant;

(B) is contained in the planning document developed under section 24904 and for 

which a cost-allocation policy has been developed under section 24905(c), or is 

contained in an equivalent planning document and for which a similar costallocation policy has been developed; and

(C) was not in a state of good repair on the date of enactment of the Passenger 

Rail Reform and Investment Act of 2015.

(b) Grant program authorized.--The Secretary of Transportation shall develop and implement a 

program for issuing grants to applicants, on a competitive basis, to fund capital projects that 

reduce the state of good repair backlog, improve performance, or expand or establish new 

intercity passenger rail service, including privately operated intercity passenger rail service if an 

eligible applicant is involved; with respect to qualified railroad assets.

(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 o 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).

(c) Eligible projects.--Projects eligible for grants under this section include capital projects to 

replace or rehabilitate qualified railroad assets, including--

(1) capital projects to replace existing assets in-kind;
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(2) capital projects to replace existing assets with assets that increase capacity or provide 

a higher level of service;

(3) capital projects to ensure that service can be maintained while existing assets are 

brought to a state of good repair; and

(4) capital projects to bring existing assets into a state of good repair.

(d) Project selection criteria.—In selecting a project for funding under this section—

(1) or 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); and 

(ii) identify funding for the intercity passenger rail share, the commuter 

rail share, and the local share of the eligible 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 (or successor regulations); 

(II) effects on safety, competitiveness, reliability, trip or transit 

time, greenhouse gas emissions, and resilience; 

(III) anticipated positive economic and employment impacts, 

including development in areas near passenger stations, historic 

districts, or other opportunity zones; 

(IV) efficiencies from improved connections with other modes; 

and 

(V) ability to meet existing or anticipated demand; 

(ii) the degree to which the proposed project’s business plan considers 
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95

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; 

(vi) whether the proposed project serves historically unconnected or 

underconnected communities; and 

(vii) 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 o the amounts appropriated for grants under this 

section for projects listed on the Northeast Corridor project inventory published 

pursuant to subsection (e)(1).

(d) Project selection criteria.--In selecting an applicant for a grant under this section, the 

Secretary shall--

(1) give preference to eligible projects for which--

(A) Amtrak is not the sole applicant;

(B) applications were submitted jointly by multiple applicants; and

(C) the proposed Federal share of total project costs does not exceed 50 percent; 

and

(2) take into account--

(A) 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;

(ii) effects on safety, competitiveness, reliability, trip or transit time, and 

resilience;

(iii) efficiencies from improved integration with other modes; and

(iv) ability to meet existing or anticipated demand;

(B) 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;
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96

(C) the applicant's past performance in developing and delivering similar projects, 

and previous financial contributions;

(D) whether the applicant has, or will have--

(i) the legal, financial, and technical capacity to carry out the project;

(ii) satisfactory continuing control over the use of the equipment or 

facilities; and

(iii) the capability and willingness to maintain the equipment or facilities;

(E) if applicable, the consistency of the project with planning guidance and 

documents set forth by the Secretary or required by law; and

(F) any other relevant factors, as determined by the Secretary.

(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 or apportioning funds to projects 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.

(e) Northeast Corridor projects.--

(1) Compliance with usage agreements.--Grant funds may not be provided under this 

section to an eligible recipient for an eligible project located on the Northeast Corridor 

unless Amtrak and the public authorities providing commuter rail passenger 

transportation at the eligible project location on the Northeast Corridor are in compliance 

with section 24905(c)(2).

(2) Capital investment plan.--When selecting projects located on the Northeast Corridor, 

the Secretary shall consider the appropriate sequence and phasing of projects as contained 

in the Northeast Corridor capital investment plan developed pursuant to section 24904(a).

(f) Federal share of total project costs.--

(1) Total project cost.--The Secretary shall estimate the total cost of a project under this 

section based on the best available information, including engineering studies, studies of 
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97

economic feasibility, environmental analyses, and information on the expected use of 

equipment or facilities.

(2) Federal share.--The Federal share of total costs for a project under this section shall 

not exceed 80 percent, except as specified under paragraph (4).

(3) Treatment of Amtrak revenue.--If Amtrak is an applicant under this section, Amtrak 

may use ticket and other revenues generated from its operations and other sources to 

satisfy the non-Federal share requirements.

(g) Letters of intent; phased funding agreements.--

(1) Letters of intent In general.--The Secretary may shall, to the maximum extent 

practicable, issue a letter of intent to a grantee under this section that--

(A) announces an intention to obligate, for a major capital project under this 

section, an amount from future available budget authority specified in law that is 

not more than the amount stipulated as the financial participation of the Secretary 

in the project; and

(B) states that the contingent commitment--

(i) is not an obligation of the Federal Government; and

(ii) is subject to the availability of appropriations for grants under this 

section and subject to Federal laws in force or enacted after the date of the 

contingent commitment.

(2) 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 
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98

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 costs 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 o 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.

(32) Congressional notification.--

(A) In general.--Not later than 30 days before issuing a phased funding agreement 

under paragraph (2) or a letter under paragraph (1), the Secretary shall submit 

written notification to--

(i) the Committee on Commerce, Science, and Transportation of the 

Senate;

(ii) the Committee on Appropriations of the Senate;

(iii) the Committee on Transportation and Infrastructure of the House of 

Representatives; and

(iv) the Committee on Appropriations of the House of Representatives.

(B) Contents.--The notification submitted pursuant to subparagraph (A) shall 

include--

(i) a copy of the phased funding agreement or the proposed letter;

(ii) the criteria used under subsection (d) for selecting the project for a 

grant award; and

(iii) a description of how the project meets such criteria.

(43) Appropriations required.—
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(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.

(B) Appropriations required.—an obligation An obligation or administrative 

commitment may be made under this section only when amounts are appropriated 

for such purpose.

(h) Availability.--Amounts appropriated for carrying out this section shall remain available until 

expended.

(i) Grant conditions.--Except as specifically provided in this section, the use of any amounts 

appropriated for grants under this section shall be subject to the grant conditions under sections 

22903 and 22905 section 22905.

(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 or 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 for this section to carry out planning and development 

activities related to section 25101, including—

(1) providing funding to public entities for the development of service development plans 

selected under the Corridor Identification and Development Program; 

(2) facilitating and providing guidance or intercity passenger rail systems planning; and 

(3) providing funding for the development and refinement of intercity passenger rail 

systems planning analytical tools and models.

Chapter 251

Sec. 25101. Corridor Identification and Development Program 

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; 
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(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 o 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; 
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(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 or 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 facilities travel 

connections with other passenger transportation services; 

(11) a description of the anticipated environmental benefits of the corridor; and 
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(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 routes 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.
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103

PART D—HIGH-SPEED RAIL

Chapter 261

Sec. 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 highspeed 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.

The Secretary shall promulgate such safety regulations as may be necessary for high-speed rail 

services.

PART E—MISCELLANEOUS

Chapter 285

Sec. 28501. Definitions

In this chapter--

(1) the term “Board” means the Surface Transportation Board;

(2) the term “capital work” means maintenance, restoration, reconstruction, capacity 

enhancement, or rehabilitation work on trackage that would be treated, in accordance with 

generally accepted accounting principles, as a capital item rather than an expense;

(3) the term “commuter rail passenger transportation” has the meaning given that term in section 

24102;

(4) the term “public transportation authority” means a local governmental authority (as defined 

in section 5302 section 5302(a)(6)) established to provide, or make a contract providing for, 

commuter rail passenger transportation;

(5) the term “rail carrier” means a person, other than a governmental authority, providing 

common carrier railroad transportation for compensation subject to the jurisdiction of the Board 

under chapter 105;

(6) the term “segregated fixed guideway facility” means a fixed guideway facility constructed 

within the railroad right-of-way of a rail carrier but physically separate from trackage, including 

relocated trackage, within the right-of-way used by a rail carrier for freight transportation 

purposes; and
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104

(7) the term “trackage” means a railroad line of a rail carrier, including a spur, industrial, team, 

switching, side, yard, or station track, and a facility of a rail carrier.