II 

Calendar No. 466 

114TH CONGRESS 

2D SESSION S. 1626 

To reauthorize Federal support for passenger rail programs, improve safety, 

streamline rail project delivery, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 18, 2015 

Mr. WICKER (for himself and Mr. BOOKER) introduced the following bill; 

which was read twice and referred to the Committee on Commerce, 

Science, and Transportation 

MAY 16, 2016 

Reported by Mr. THUNE, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL 

To reauthorize Federal support for passenger rail programs, 

improve safety, streamline rail project delivery, and for 

other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS; REF4 ERENCES. 

5 (a) SHORT TITLE.—This Act may be cited as the 

6 ‘‘Railroad Reform, Enhancement, and Efficiency Act’’. 


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1 (b) TABLE OF CONTENTS.—The table of contents of 

2 this Act is as follows: 

Sec. 1. Short title; table of contents; references. 

Sec. 2. Definition of Secretary. 

Sec. 3. Passenger transportation; definitions. 

TITLE I—AUTHORIZATION OF APPROPRIATIONS 

Sec. 101. Authorization of grants to Amtrak. 

Sec. 102. National infrastructure and safety investments. 

Sec. 103. Authorization of appropriations for National Transportation Safety 

Board rail investigations. 

Sec. 104. Authorization of appropriations for Amtrak Office of Inspector General. 

Sec. 105. National cooperative rail research program. 

TITLE II—AMTRAK REFORM 

Sec. 201. Amtrak grant process. 

Sec. 202. 5-year business line and assets plans. 

Sec. 203. State-supported route committee. 

Sec. 204. Route and service planning decisions. 

Sec. 205. Competition. 

Sec. 206. Rolling stock purchases. 

Sec. 207. Food and beverage policy. 

Sec. 208. Local products and promotional events. 

Sec. 209. Right-of-way leveraging. 

Sec. 210. Station development. 

Sec. 211. Amtrak debt. 

Sec. 212. Amtrak pilot program for passengers transporting domesticated cats 

and dogs. 

Sec. 213. Amtrak board of directors. 

TITLE III—INTERCITY PASSENGER RAIL POLICY 

Sec. 301. Competitive operating grants. 

Sec. 302. Federal-State partnership for state of good repair. 

Sec. 303. Large capital project requirements. 

Sec. 304. Small business participation study. 

Sec. 305. Gulf coast rail service working group. 

Sec. 306. Integrated passenger rail working group. 

Sec. 307. Shared-use study. 

Sec. 308. Northeast Corridor Commission. 

Sec. 309. Northeast Corridor through-ticketing and procurement efficiencies. 

Sec. 310. Data and analysis. 

Sec. 311. Disaster relief. 

Sec. 312. Performance-based proposals. 

Sec. 313. Amtrak Inspector General. 

Sec. 314. Miscellaneous provisions. 

TITLE IV—RAIL SAFETY 

Subtitle A—Safety Improvement 

Sec. 401. Highway-rail grade crossing safety. 


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Sec. 402. Confidential close call reporting system. 

Sec. 403. Speed limit action plans. 

Sec. 404. Signage. 

Sec. 405. Alerters. 

Sec. 406. Signal protection. 

Sec. 407. Technology implementation plans. 

Sec. 408. Commuter rail track inspections. 

Sec. 409. Emergency response. 

Sec. 410. Private highway-rail grade crossings. 

Sec. 411. Repair and replacement of damaged track inspection equipment. 

Sec. 412. Rail police officers. 

Sec. 413. Technical and conforming amendments. 

Subtitle B—Consolidated Rail Infrastructure and Safety Improvements 

Sec. 421. Consolidated rail infrastructure and safety improvements. 

TITLE V—PROJECT DELIVERY 

Sec. 501. Short title. 

Sec. 502. Preservation of public lands. 

Sec. 503. Efficient environmental reviews. 

Sec. 504. Advance acquisition. 

Sec. 505. Railroad rights-of-way. 

Sec. 506. Improving State and Federal agency engagement in environmental reviews. 

Sec. 507. Savings clause. 

Sec. 508. Transition. 

TITLE VI—FINANCING 

Sec. 601. Short title; references. 

Sec. 602. Definitions. 

Sec. 603. Eligible applicants. 

Sec. 604. Eligible purposes. 

Sec. 605. Program administration. 

Sec. 606. Loan terms and repayment. 

Sec. 607. Credit risk premiums. 

Sec. 608. Master credit agreements. 

Sec. 609. Priorities and conditions. 

Sec. 610. Savings provision. 

1 (c) REFERENCES TO TITLE 49, UNITED STATES

2 CODE.—Except as otherwise expressly provided, wherever 

3 in this Act an amendment or repeal is expressed in terms 

4 of an amendment to, or repeal of, a section or other provi5 sion, the reference shall be considered to be made to a 

6 section or other provision of title 49, United States Code. 


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1 SEC. 2. DEFINITION OF SECRETARY. 

2 In this Act, except as otherwise expressly provided, 

3 the term ‘‘Secretary’’ means the Secretary of Transpor4 tation. 

5 SEC. 3. PASSENGER TRANSPORTATION; DEFINITIONS. 

6 Section 24102 is amended— 

7 (1) by redesignating paragraphs (5) through 

8 (9) as paragraphs (6) through (10), respectively; 

9 (2) by inserting after paragraph (4), the fol10 lowing: 

11 ‘‘(5) ‘long-distance route’ means a route de12 scribed in paragraph (6)(C).’’; 

13 (3) by amending paragraph (6)(A), as redesig14 nated, to read as follows: 

15 ‘‘(A) the Northeast Corridor main line be16 tween Boston, Massachusetts and the Virginia 

17 Avenue interlocking in the District of Columbia, 

18 and the facilities and services used to operate 

19 and maintain that line;’’; 

20 (4) in paragraph (7), as redesignated, by strik21 ing the period at the end and inserting ‘‘, except 

22 that the term ‘Northeast Corridor’ for the purposes 

23 of chapter 243 means the main line between Boston, 

24 Massachusetts and the Virginia Avenue interlocking 

25 in the District of Columbia, and the facilities and 


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1 services used to operate and maintain that line.’’; 

2 and 

3 (5) by adding at the end the following: 

4 ‘‘(11) ‘state-of-good-repair’ means a condition 

5 in which physical assets, both individually and as a 

6 system, are— 

7 ‘‘(A) performing at a level at least equal to 

8 that called for in their as-built or as-modified 

9 design specification during any period when the 

10 life cycle cost of maintaining the assets is lower 

11 than the cost of replacing them; and 

12 ‘‘(B) sustained through regular mainte13 nance and replacement programs. 

14 ‘‘(12) ‘State-supported route’ means a route de15 scribed in paragraph (6)(B) or paragraph (6)(D), or 

16 in section 24702(a).’’. 

17 TITLE I—AUTHORIZATION OF 

18 APPROPRIATIONS 

19 SEC. 101. AUTHORIZATION OF GRANTS TO AMTRAK. 

20 (a) IN GENERAL.—There are authorized to be appro21 priated to the Secretary for the use of Amtrak for deposit 

22 into the accounts established under section 24319(a) of 

23 title 49, United States Code, the following amounts: 

24 (1) For fiscal year 2016, $1,450,000,000. 

25 (2) For fiscal year 2017, $1,550,000,000. 


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1 (3) For fiscal year 2018, $1,700,000,000. 

2 (4) For fiscal year 2019, $1,900,000,000. 

3 (b) PROJECT MANAGEMENT OVERSIGHT.—The Sec4 retary may withhold up to one half of 1 percent of the 

5 amount appropriated under subsection (a) for the costs 

6 of management oversight of Amtrak. 

7 (c) COMPETITION.—In administering grants to Am8 trak under section 24318 of title 49, United States Code, 

9 the Secretary may withhold, from amounts that would oth10 erwise be made available to Amtrak, such sums as are nec11 essary from the amount appropriated under subsection (a) 

12 of this section to cover the operating subsidy described in 

13 section 24711(b)(1)(E)(ii) of title 49, United States Code. 

14 (d) STATE-SUPPORTED ROUTE COMMITTEE.—The 

15 Secretary may withhold up to $2,000,000 from the 

16 amount appropriated in each fiscal year under subsection 

17 (a) of this section for the use of the State-Supported 

18 Route Committee established under section 24712 of title 

19 49, United States Code. 

20 (e) NORTHEAST CORRIDOR COMMISSION.—The Sec21 retary may withhold up to $5,000,000 from the amount 

22 appropriated in each fiscal year under subsection (a) of 

23 this section for the use of the Northeast Corridor Commis24 sion established under section 24905 of title 49, United 

25 States Code. 


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1 SEC. 102. NATIONAL INFRASTRUCTURE AND SAFETY IN2 VESTMENTS. 

3 (a) IN GENERAL.—There are authorized to be appro4 priated to the Secretary for grants under chapter 244 of 

5 title 49, United States Code, the following amounts: 

6 (1) For fiscal year 2016, $350,000,000. 

7 (2) For fiscal year 2017, $430,000,000. 

8 (3) For fiscal year 2018, $600,000,000. 

9 (4) For fiscal year 2019, $900,000,000. 

10 (b) PROJECT MANAGEMENT OVERSIGHT.—The Sec11 retary may withhold up to 1 percent from the amount ap12 propriated under subsection (a) of this section for the 

13 costs of project management oversight of grants carried 

14 out under chapter 244 of title 49, United States Code. 

15 SEC. 103. AUTHORIZATION OF APPROPRIATIONS FOR NA16 TIONAL TRANSPORTATION SAFETY BOARD 

17 RAIL INVESTIGATIONS. 

18 (a) IN GENERAL.—Notwithstanding any other provi19 sion of law, there are authorized to be appropriated to the 

20 National Transportation Safety Board to carry out rail21 road accident investigations under section 1131(a)(1)(C) 

22 of title 49, United States Code, the following amounts: 

23 (1) For fiscal year 2016, $6,300,000. 

24 (2) For fiscal year 2017, $6,400,000. 

25 (3) For fiscal year 2018, $6,500,000. 

26 (4) For fiscal year 2019, $6,600,000. 


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1 (b) INVESTIGATION PERSONNEL.—Amounts appro2 priated under subsection (a) of this section shall be avail3 able to the National Transportation Safety Board for per4 sonnel, in regional offices and in Washington, DC, whose 

5 duties involve railroad accident investigations. 

6 SEC. 104. AUTHORIZATION OF APPROPRIATIONS FOR AM7 TRAK OFFICE OF INSPECTOR GENERAL. 

8 There are authorized to be appropriated to the Office 

9 of Inspector General of Amtrak the following amounts: 

10 (1) For fiscal year 2016, $20,000,000. 

11 (2) For fiscal year 2017, $20,500,000. 

12 (3) For fiscal year 2018, $21,000,000. 

13 (4) For fiscal year 2019, $21,500,000. 

14 SEC. 105. NATIONAL COOPERATIVE RAIL RESEARCH PRO15 GRAM. 

16 (a) IN GENERAL.—Section 24910 is amended— 

17 (1) in subsection (b)— 

18 (A) in paragraph (12), by striking ‘‘and’’; 

19 (B) in paragraph (13), by striking the pe20 riod at the end and inserting ‘‘; and’’; and 

21 (C) by adding at the end the following: 

22 ‘‘(14) to improve the overall safety of intercity 

23 passenger and freight rail operations.’’; and 

24 (2) by amending subsection (e) to read as fol25 lows: 


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1 ‘‘(e) ALLOCATION.—At least $5,000,000 of the 

2 amounts appropriated to the Secretary for a fiscal year 

3 to carry out railroad research and development programs 

4 shall be available to carry out this section.’’. 

5 TITLE II—AMTRAK REFORM 

6 SEC. 201. AMTRAK GRANT PROCESS. 

7 (a) REQUIREMENTS AND PROCEDURES.—Chapter 

8 243 is amended by adding at the end the following: 

9 ‘‘§ 24317. Costs and revenues 

10 ‘‘(a) ALLOCATION.—Not later than 180 days after 

11 the date of enactment of the Railroad Reform, Enhance12 ment, and Efficiency Act, Amtrak shall establish and 

13 maintain internal controls to ensure Amtrak’s costs, reve14 nues, and other compensation are appropriately and pro15 portionally allocated to its Northeast Corridor train serv16 ices or infrastructure, its State-supported routes, its long17 distance routes, and its other national network activities. 

18 ‘‘(b) RULE OF CONSTRUCTION.—Nothing in this sec19 tion shall be construed to limit the ability of Amtrak to 

20 enter into an agreement with 1 or more States to allocate 

21 operating and capital costs under section 209 of the Pas22 senger Rail Investment and Improvement Act of 2008 (49 

23 U.S.C. 24101 note). 


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1 ‘‘§ 24318. Grant process 

2 ‘‘(a) PROCEDURES FOR GRANT REQUESTS.—Not 

3 later than 90 days after the date of enactment of the Rail4 road Reform, Enhancement, and Efficiency Act, the Sec5 retary of Transportation shall establish and transmit to 

6 the Committee on Commerce, Science, and Transportation 

7 and the Committee on Appropriations of the Senate and 

8 the Committee on Transportation and Infrastructure and 

9 the Committee on Appropriations of the House of Rep10 resentatives substantive and procedural requirements, in11 cluding schedules, for grant requests under this section. 

12 ‘‘(b) GRANT REQUESTS.—Amtrak shall transmit 

13 grant requests for Federal funds appropriated to the Sec14 retary of Transportation for the use of Amtrak to— 

15 ‘‘(1) the Secretary; and 

16 ‘‘(2) the Committee on Commerce, Science, and 

17 Transportation, the Committee on Appropriations, 

18 and the Committee on the Budget of the Senate and 

19 the Committee on Transportation and Infrastruc20 ture, the Committee on Appropriations, and the 

21 Committee on the Budget of the House of Rep22 resentatives. 

23 ‘‘(c) CONTENTS.—A grant request under subsection 

24 (b) shall— 

25 ‘‘(1) describe projected operating and capital 

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1 ridor train services and infrastructure, Amtrak’s 

2 State-supported routes, and Amtrak’s long-distance 

3 routes, and Amtrak’s other national network activi4 ties, as applicable, in comparison to prior fiscal year 

5 actual financial performance; 

6 ‘‘(2) describe the capital projects to be funded, 

7 with cost estimates and an estimated timetable for 

8 completion of the projects covered by the request; 

9 ‘‘(3) assess Amtrak’s financial condition; 

10 ‘‘(4) be displayed on Amtrak’s Web site within 

11 a reasonable timeframe following its transmission 

12 under subsection (b); and 

13 ‘‘(5) describe how the funding requested in a 

14 grant will be allocated to the accounts established 

15 under section 24319(a), considering the projected 

16 operating losses or capital costs for services and ac17 tivities associated with such accounts over the time 

18 period intended to be covered by the grants. 

19 ‘‘(d) REVIEW AND APPROVAL.— 

20 ‘‘(1) THIRTY-DAY APPROVAL PROCESS.— 

21 ‘‘(A) IN GENERAL.—Not later than 30 

22 days after the date that Amtrak submits a 

23 grant request under this section, the Secretary 

24 of Transportation shall complete a review of the 

25 request and provide notice to Amtrak that— 


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1 ‘‘(i) the request is approved; or 

2 ‘‘(ii) the request is disapproved, in3 cluding the reason for the disapproval and 

4 an explanation of any incomplete or defi5 cient items. 

6 ‘‘(B) GRANT AGREEMENT.—If a grant re7 quest is approved, the Secretary shall enter into 

8 a grant agreement with Amtrak that allocates 

9 the grant funding to 1 of the 4 accounts estab10 lished under section 24319(a). 

11 ‘‘(2) FIFTEEN-DAY MODIFICATION PERIOD.— 

12 Not later than 15 days after the date of the notice 

13 under paragraph (1)(A)(ii), Amtrak shall submit a 

14 modified request for the Secretary’s review. 

15 ‘‘(3) MODIFIED REQUESTS.—Not later than 15 

16 days after the date that Amtrak submits a modified 

17 request under paragraph (2), the Secretary shall ei18 ther approve the modified request, or, if the Sec19 retary finds that the request is still incomplete or 

20 deficient, the Secretary shall identify in writing to 

21 the Committee on Commerce, Science, and Trans22 portation, the Committee on Appropriations, and the 

23 Committee on the Budget of the Senate and the 

24 Committee on Transportation and Infrastructure, 

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1 mittee on the Budget of the House of Representa2 tives the remaining deficiencies and recommend a 

3 process for resolving the outstanding portions of the 

4 request. 

5 ‘‘(e) PAYMENTS TO AMTRAK.— 

6 ‘‘(1) IN GENERAL.—A grant agreement entered 

7 into under subsection (d) shall specify the oper8 ations, services, and other activities to be funded by 

9 the grant. The grant agreement shall include provi10 sions, consistent with the requirements of this chap11 ter, to measure Amtrak’s performance and ensure 

12 accountability in delivering the operations, services, 

13 or activities to be funded by the grant. 

14 ‘‘(2) SCHEDULE.—Except as provided in para15 graph (3), in each fiscal year for which amounts are 

16 appropriated to the Secretary for the use of Amtrak, 

17 and for which the Secretary and Amtrak have en18 tered into a grant agreement under subsection (d), 

19 the Secretary shall disburse grant funds to Amtrak 

20 on the following schedule: 

21 ‘‘(A) 50 percent on October 1. 

22 ‘‘(B) 25 percent on January 1. 

23 ‘‘(C) 25 percent on April 1. 

24 ‘‘(3) EXCEPTIONS.—The Secretary may make a 

25 payment to Amtrak of appropriated funds— 


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1 ‘‘(A) more frequently than the schedule 

2 under paragraph (2) if Amtrak, for good cause, 

3 requests more frequent payment before the end 

4 of a payment period; or 

5 ‘‘(B) with a different frequency or in dif6 ferent percentage allocations in the event of a 

7 continuing resolution or in the absence of an 

8 appropriations Act for the duration of a fiscal 

9 year. 

10 ‘‘(f) AVAILABILITY OF AMOUNTS AND EARLY APPRO11 PRIATIONS.—Amounts appropriated to the Secretary for 

12 the use of Amtrak shall remain available until expended. 

13 Amounts for capital acquisitions and improvements may 

14 be appropriated for a fiscal year before the fiscal year in 

15 which the amounts will be obligated. 

16 ‘‘(g) LIMITATIONS ON USE.—Amounts appropriated 

17 to the Secretary for the use of Amtrak may not be used 

18 to cross-subsidize operating losses or capital costs of com19 muter rail passenger or freight rail transportation. 

20 ‘‘§ 24319. Accounts 

21 ‘‘(a) ESTABLISHMENT OF ACCOUNTS.—Beginning 

22 not later than October 1, 2016, Amtrak, in consultation 

23 with the Secretary of Transportation, shall define and es24 tablish— 


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1 ‘‘(1) a Northeast Corridor investment account, 

2 including subaccounts for Amtrak train services and 

3 infrastructure; 

4 ‘‘(2) a State-supported account; 

5 ‘‘(3) a long-distance account; and 

6 ‘‘(4) an other national network activities ac7 count. 

8 ‘‘(b) NORTHEAST CORRIDOR INVESTMENT AC9 COUNT.— 

10 ‘‘(1) DEPOSITS.—Amtrak shall deposit in the 

11 Northeast Corridor investment account established 

12 under subsection (a)(1)— 

13 ‘‘(A) a portion of the grant funds appro14 priated under the authorization in section 

15 101(a) of the Railroad Reform, Enhancement, 

16 and Efficiency Act, or any subsequent Act ap17 propriating funds for the use of Amtrak, as 

18 specified in a grant agreement entered into 

19 under section 24318; 

20 ‘‘(B) any compensation received from com21 muter rail passenger transportation providers 

22 for such providers’ share of capital costs on the 

23 Northeast Corridor provided to Amtrak under 

24 section 24905(c); 


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1 ‘‘(C) any operating surplus of the North2 east Corridor train services or infrastructure, as 

3 allocated under section 24317; and 

4 ‘‘(D) any other net revenue received in as5 sociation with the Northeast Corridor, including 

6 freight access fees, electric propulsion, and com7 mercial development. 

8 ‘‘(2) USE OF NORTHEAST CORRIDOR INVEST9 MENT ACCOUNT.—Except as provided in subsection 

10 (f), amounts deposited in the Northeast Corridor in11 vestment account shall be made available for the use 

12 of Amtrak for its share of— 

13 ‘‘(A) capital projects described in section 

14 24904(a)(2)(E)(i), and developed under the 

15 planning process established under that section, 

16 to bring Northeast Corridor infrastructure to a 

17 state-of-good-repair; 

18 ‘‘(B) capital projects described in clauses 

19 (ii) and (iv) of section 24904(a)(2)(E) that are 

20 developed under the planning process estab21 lished under that section intended to increase 

22 corridor capacity, improve service reliability, 

23 and reduce travel time on the Northeast Cor24 ridor; 


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1 ‘‘(C) capital projects to improve safety and 

2 security; 

3 ‘‘(D) capital projects to improve customer 

4 service and amenities; 

5 ‘‘(E) acquiring, rehabilitating, manufac6 turing, remanufacturing, overhauling, or im7 proving equipment and associated facilities used 

8 for intercity rail passenger transportation by 

9 Northeast Corridor train services; 

10 ‘‘(F) retirement of principal and payment 

11 of interest on loans for capital projects de12 scribed in this paragraph or for capital leases 

13 for equipment and related to the Northeast 

14 Corridor; 

15 ‘‘(G) participation in public-private part16 nerships, joint ventures, and other mechanisms 

17 or arrangements that result in the completion 

18 of capital projects described in this paragraph; 

19 and 

20 ‘‘(H) indirect, common, corporate, or other 

21 costs directly incurred by or allocated to the 

22 Northeast Corridor. 

23 ‘‘(c) STATE-SUPPORTED ACCOUNT.— 


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1 ‘‘(1) DEPOSITS.—Amtrak shall deposit in the 

2 State-supported account established under sub3 section (a)(2)— 

4 ‘‘(A) a portion of the grant funds appro5 priated under the authorization in section 

6 101(a) of the Railroad Reform, Enhancement, 

7 and Efficiency Act, or any subsequent Act ap8 propriating funds for the use of Amtrak, as 

9 specified in a grant agreement entered into 

10 under section 24318; 

11 ‘‘(B) any compensation received from 

12 States provided to Amtrak under section 209 of 

13 the Passenger Rail Investment and Improve14 ment Act of 2008 (42 U.S.C. 24101 note); and 

15 ‘‘(C) any operating surplus from its State16 supported routes, as allocated under section 

17 24317. 

18 ‘‘(2) USE OF STATE-SUPPORTED ACCOUNT.— 

19 Except as provided in subsection (f), amounts depos20 ited in the State-supported account shall be made 

21 available for the use of Amtrak for capital expenses 

22 and operating costs, including indirect, common, cor23 porate, or other costs directly incurred by or allo24 cated to State-supported routes, of its State-sup25 ported routes and retirement of principal and payVerDate Sep 11 2014 22:38 May 16, 2016 Jkt 059200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6401 E:\BILLS\S1626.RS S1626

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1 ment of interest on loans or capital leases attrib2 utable to its State-supported routes. 

3 ‘‘(d) LONG-DISTANCE ACCOUNT.— 

4 ‘‘(1) DEPOSITS.—Amtrak shall deposit in the 

5 long-distance account established under subsection 

6 (a)(3)— 

7 ‘‘(A) a portion of the grant funds appro8 priated under the authorization in section 

9 101(a) of the Railroad Reform, Enhancement, 

10 and Efficiency Act, or any subsequent Act ap11 propriating funds for the use of Amtrak, as 

12 specified in a grant agreement entered into 

13 under section 24318; 

14 ‘‘(B) any compensation received from 

15 States provided to Amtrak for costs associated 

16 with its long-distance routes; and 

17 ‘‘(C) any operating surplus from its long18 distance routes, as allocated under section 

19 24317. 

20 ‘‘(2) USE OF LONG-DISTANCE ACCOUNT.—Ex21 cept as provided in subsection (f), amounts deposited 

22 in the long-distance account shall be made available 

23 for the use of Amtrak for capital expenses and oper24 ating costs, including indirect, common, corporate, 

25 or other costs directly incurred by or allocated to 


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1 long-distance routes, of its long-distance routes and 

2 retirement of principal and payment of interest on 

3 loans or capital leases attributable to the long-dis4 tance routes. 

5 ‘‘(e) OTHER NATIONAL NETWORK ACTIVITIES AC6 COUNT.— 

7 ‘‘(1) DEPOSITS.—Amtrak shall deposit in the 

8 other national network activities account established 

9 under subsection (a)(4)— 

10 ‘‘(A) a portion of the grant funds appro11 priated under the authorization in section 

12 101(a) of the Railroad Reform, Enhancement, 

13 and Efficiency Act, or any subsequent Act ap14 propriating funds for the use of Amtrak, as 

15 specified in a grant agreement entered into 

16 under section 24318; 

17 ‘‘(B) any compensation received from 

18 States provided to Amtrak for costs associated 

19 with its other national network activities; and 

20 ‘‘(C) any operating surplus from its other 

21 national network activities. 

22 ‘‘(2) USE OF OTHER NATIONAL NETWORK AC23 TIVITIES ACCOUNT.—Except as provided in sub24 section (f), amounts deposited into the other na25 tional network activities account shall be made availVerDate Sep 11 2014 22:38 May 16, 2016 Jkt 059200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6401 E:\BILLS\S1626.RS S1626

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1 able for the use of Amtrak for capital and operating 

2 costs not allocated to the Northeast Corridor invest3 ment account, State-supported account, or long-dis4 tance account, and retirement of principal and pay5 ment of interest on loans or capital leases attrib6 utable to other national network activities. 

7 ‘‘(f) TRANSFER AUTHORITY.— 

8 ‘‘(1) AUTHORITY.—Amtrak may transfer any 

9 funds appropriated under the authorization in sec10 tion 101(a) of the Railroad Reform, Enhancement, 

11 and Efficiency Act, or any subsequent Act appro12 priating funds for the use of Amtrak for deposit into 

13 the accounts described in that section, or any sur14 plus generated by operations, between the Northeast 

15 Corridor, State-supported, long-distance, and other 

16 national network activities accounts— 

17 ‘‘(A) upon the expiration of 10 days after 

18 the date that Amtrak notifies the Amtrak 

19 Board of Directors, including the Secretary, of 

20 the planned transfer; and 

21 ‘‘(B) with the approval of the Secretary. 

22 ‘‘(2) REPORT.—Not later than 5 days after the 

23 date that Amtrak notifies the Amtrak Board of Di24 rectors of a planned transfer under paragraph (1), 

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1 merce, Science, and Transportation and the Com2 mittee on Appropriations of the Senate and the 

3 Committee on Transportation and Infrastructure 

4 and the Committee on Appropriations of the House 

5 of Representatives a report that includes— 

6 ‘‘(A) the amount of the transfer; and 

7 ‘‘(B) a detailed explanation of the reason 

8 for the transfer, including— 

9 ‘‘(i) the effects on Amtrak services 

10 funded by the account from which the 

11 transfer is drawn, in comparison to a sce12 nario in which no transfer was made; and 

13 ‘‘(ii) the effects on Amtrak services 

14 funded by the account receiving the trans15 fer, in comparison to a scenario in which 

16 no transfer was made. 

17 ‘‘(3) NOTIFICATIONS.— 

18 ‘‘(A) STATE-SUPPORTED ACCOUNT.—Not 

19 later than 5 days after the date that Amtrak 

20 notifies the Amtrak Board of Directors of a 

21 planned transfer under paragraph (1) of funds 

22 to or from the State-supported account, Amtrak 

23 shall transmit to each State that sponsors a 

24 State-supported route a letter that includes the 


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1 information described under subparagraphs (A) 

2 and (B) of paragraph (2). 

3 ‘‘(B) NORTHEAST CORRIDOR ACCOUNT.— 

4 Not later than 5 days after the date that Am5 trak notifies the Amtrak Board of Directors of 

6 a planned transfer under paragraph (1) of 

7 funds to or from the Northeast Corridor ac8 count, Amtrak shall transmit to the Northeast 

9 Corridor Commission a letter that includes the 

10 information described under subparagraphs (A) 

11 and (B) of paragraph (2). 

12 ‘‘(g) ENFORCEMENT.—The Secretary shall enforce 

13 the provisions of each grant agreement under section 

14 24318(d), including any deposit into an account under 

15 this section. 

16 ‘‘(h) LETTERS OF INTENT.— 

17 ‘‘(1) REQUIREMENT.—The Secretary may issue 

18 a letter of intent to Amtrak announcing an intention 

19 to obligate, for a major capital project described in 

20 clauses (ii) and (iv) of section 24904(a)(2)(E), an 

21 amount from future available budget authority speci22 fied in law that is not more than the amount stipu23 lated as the financial participation of the Secretary 

24 in the project. 


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1 ‘‘(2) NOTICE TO CONGRESS.—At least 30 days 

2 before issuing a letter under paragraph (1), the Sec3 retary shall notify in writing the Committee on Com4 merce, Science, and Transportation and the Com5 mittee on Appropriations of the Senate and the 

6 Committee on Transportation and Infrastructure 

7 and the Committee on Appropriations of the House 

8 of Representatives of the proposed letter. The Sec9 retary shall include with the notice a copy of the 

10 proposed letter, the criteria used for selecting the 

11 project for a grant award, and a description of how 

12 the project meets the criteria under this section. 

13 ‘‘(3) CONTINGENT NATURE OF OBLIGATION OR

14 COMMITMENT.—An obligation or administrative 

15 commitment may be made only when amounts are 

16 appropriated. The letter of intent shall state that the 

17 contingent commitment is not an obligation of the 

18 Federal Government, and is subject to the avail19 ability of appropriations under Federal law and to 

20 Federal laws in force or enacted after the date of 

21 the contingent commitment.’’. 

22 (b) CONFORMING AMENDMENTS.—The table of con23 tents for chapter 243 is amended by adding at the end 

24 the following: 

‘‘24317. Costs and revenues. 

‘‘24318. Grant process. 

‘‘24319. Accounts.’’. 


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1 (c) REPEALS.— 

2 (1) ESTABLISHMENT OF GRANT PROCESS.— 

3 Section 206 of the Passenger Rail Investment and 

4 Improvement Act of 2008 (49 U.S.C. 24101 note) 

5 and the item relating to that section in the table of 

6 contents of that Act are repealed. 

7 (2) AUTHORIZATION OF APPROPRIATIONS.— 

8 Section 24104 and the item relating to that section 

9 in the table of contents of chapter 241 are repealed. 

10 SEC. 202. 5-YEAR BUSINESS LINE AND ASSETS PLANS. 

11 (a) AMTRAK 5-YEAR BUSINESS LINE AND ASSET

12 PLANS.—Chapter 243, as amended by section 201 of this 

13 Act, is further amended by inserting after section 24319 

14 the following: 

15 ‘‘§ 24320. Amtrak 5-year business line and asset plans 

16 ‘‘(a) IN GENERAL.— 

17 ‘‘(1) FINAL PLANS.—Not later than February 

18 15 of each year, Amtrak shall submit to Congress 

19 and the Secretary final 5-year business line plans 

20 and 5-year asset plans prepared in accordance with 

21 this section. These final plans shall form the basis 

22 for Amtrak’s general and legislative annual report to 

23 the President and Congress required by section 

24 24315(b). 


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1 ‘‘(2) FISCAL CONSTRAINT.—Each plan prepared 

2 under this section shall be based on funding levels 

3 authorized or otherwise available to Amtrak in a fis4 cal year. In the absence of an authorization or ap5 propriation of funds for a fiscal year, the plans shall 

6 be based on the amount of funding available in the 

7 previous fiscal year, plus inflation. Amtrak may in8 clude an appendix to the asset plan required in sub9 section (c) that describes any capital funding re10 quirements in excess of amounts authorized or oth11 erwise available to Amtrak in a fiscal year for cap12 ital investment. 

13 ‘‘(b) AMTRAK 5-YEAR BUSINESS LINE PLANS.— 

14 ‘‘(1) AMTRAK BUSINESS LINES.—Amtrak shall 

15 prepare a 5-year business line plan for each of the 

16 following business lines and services: 

17 ‘‘(A) Northeast Corridor train services. 

18 ‘‘(B) State-supported routes operated by 

19 Amtrak. 

20 ‘‘(C) Long-distance routes operated by 

21 Amtrak. 

22 ‘‘(D) Ancillary services operated by Am23 trak, including commuter operations and other 

24 revenue generating activities as determined by 

25 the Secretary in consultation with Amtrak. 


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1 ‘‘(2) CONTENTS OF 5-YEAR BUSINESS LINE

2 PLANS.—The 5-year business line plan for each busi3 ness line shall include, at a minimum— 

4 ‘‘(A) a statement of Amtrak’s vision, goals, 

5 and service plan for the business line, coordi6 nated with any entities that are contributing 

7 capital or operating funding to support pas8 senger rail services within those business lines, 

9 and aligned with Amtrak’s Strategic Plan and 

10 5-year asset plans under subsection (c); 

11 ‘‘(B) all projected revenues and expendi12 tures for the business line, including identifica13 tion of revenues and expenditures incurred by— 

14 ‘‘(i) passenger operations; 

15 ‘‘(ii) non-passenger operations that 

16 are directly related to the business line; 

17 and 

18 ‘‘(iii) governmental funding sources, 

19 including revenues and other funding re20 ceived from States; 

21 ‘‘(C) projected ridership levels for all pas22 senger operations; 

23 ‘‘(D) estimates of long-term and short24 term debt and associated principal and interest 

25 payments (both current and forecasts); 


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1 ‘‘(E) annual profit and loss statements and 

2 forecasts and balance sheets; 

3 ‘‘(F) annual cash flow forecasts; 

4 ‘‘(G) a statement describing the meth5 odologies and significant assumptions under6 lying estimates and forecasts; 

7 ‘‘(H) specific performance measures that 

8 demonstrate year over year changes in the re9 sults of Amtrak’s operations; 

10 ‘‘(I) financial performance for each route 

11 within each business line, including descriptions 

12 of the cash operating loss or contribution and 

13 labor productivity for each route; 

14 ‘‘(J) specific costs and savings estimates 

15 resulting from reform initiatives; 

16 ‘‘(K) prior fiscal year and projected equip17 ment reliability statistics; and 

18 ‘‘(L) an identification and explanation of 

19 any major adjustments made from previously20 approved plans. 

21 ‘‘(3) 5-YEAR BUSINESS LINE PLANS PROCESS.— 

22 In meeting the requirements of this section, Amtrak 

23 shall— 

24 ‘‘(A) coordinate the development of the 

25 business line plans with the Secretary; 


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1 ‘‘(B) for the Northeast Corridor business 

2 line plan, coordinate with the Northeast Cor3 ridor Commission and transmit to the Commis4 sion the final plan under subsection (a)(1), and 

5 consult with other entities, as appropriate; 

6 ‘‘(C) for the State-supported route busi7 ness line plan, coordinate with the State-Sup8 ported Route Committee established under sec9 tion 24712; 

10 ‘‘(D) for the long-distance route business 

11 line plan, coordinate with any States or Inter12 state Compacts that provide funding for such 

13 routes, as appropriate; 

14 ‘‘(E) ensure that Amtrak’s annual budget 

15 request to Congress is consistent with the infor16 mation in the 5-year business line plans; and 

17 ‘‘(F) identify the appropriate Amtrak offi18 cials that are responsible for each business line. 

19 ‘‘(4) STANDARDS TO PROMOTE FINANCIAL STA20 BILITY.—In meeting the requirements under this 

21 subsection, Amtrak shall use the categories specified 

22 in the financial accounting and reporting system de23 veloped under section 203 of the Passenger Rail In24 vestment and Improvement Act of 2008 (49 U.S.C. 


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1 24101 note) when preparing its 5-year business line 

2 plans. 

3 ‘‘(c) AMTRAK 5-YEAR ASSET PLANS.— 

4 ‘‘(1) ASSET CATEGORIES.—Amtrak shall pre5 pare a 5-year asset plan for each of the following 

6 asset categories: 

7 ‘‘(A) Infrastructure, including all Amtrak8 controlled Northeast Corridor assets and other 

9 Amtrak-owned infrastructure, and the associ10 ated facilities that support the operation, main11 tenance, and improvement of those assets. 

12 ‘‘(B) Passenger rail equipment, including 

13 all Amtrak-controlled rolling stock, locomotives, 

14 and mechanical shop facilities that are used to 

15 overhaul equipment. 

16 ‘‘(C) Stations, including all Amtrak-con17 trolled passenger rail stations and elements of 

18 other stations for which Amtrak has legal re19 sponsibility or intends to make capital invest20 ments. 

21 ‘‘(D) National assets, including national 

22 reservations, security, training and training 

23 centers, and other assets associated with Am24 trak’s national passenger rail transportation 

25 system. 


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1 ‘‘(2) CONTENTS OF 5-YEAR ASSET PLANS.— 

2 Each asset plan shall include, at a minimum— 

3 ‘‘(A) a summary of Amtrak’s 5-year stra4 tegic plan for each asset category, including 

5 goals, objectives, any relevant performance 

6 metrics, and statutory or regulatory actions af7 fecting the assets; 

8 ‘‘(B) an inventory of existing Amtrak cap9 ital assets, to the extent practicable, including 

10 information regarding shared use or ownership, 

11 if applicable; 

12 ‘‘(C) a prioritized list of proposed capital 

13 investments that— 

14 ‘‘(i) categorizes each capital project as 

15 being primarily associated with— 

16 ‘‘(I) normalized capital replace17 ment; 

18 ‘‘(II) backlog capital replace19 ment; 

20 ‘‘(III) improvements to support 

21 service enhancements or growth; 

22 ‘‘(IV) strategic initiatives that 

23 will improve overall operational per24 formance, lower costs, or otherwise 


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1 improve Amtrak’s corporate efficiency; 

2 or 

3 ‘‘(V) statutory, regulatory, or 

4 other legal mandates; 

5 ‘‘(ii) identifies each project or pro6 gram that is associated with more than 1 

7 category described in clause (i); and 

8 ‘‘(iii) describes the anticipated busi9 ness outcome of each project or program 

10 identified under this subparagraph, includ11 ing an assessment of— 

12 ‘‘(I) the potential effect on pas13 senger operations, safety, reliability, 

14 and resilience; 

15 ‘‘(II) the potential effect on Am16 trak’s ability to meet regulatory re17 quirements if the project or program 

18 is not funded; and 

19 ‘‘(III) the benefits and costs; and 

20 ‘‘(D) annual profit and loss statements 

21 and forecasts and balance sheets for each asset 

22 category. 

23 ‘‘(3) 5-YEAR ASSET PLAN PROCESS.—In meet24 ing the requirements of this subsection, Amtrak 

25 shall— 


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1 ‘‘(A) coordinate with each business line de2 scribed in subsection (b)(1) in the preparation 

3 of each 5-year asset plan and ensure integration 

4 of each 5-year asset plan with the 5-year busi5 ness line plans; 

6 ‘‘(B) as applicable, coordinate with the 

7 Northeast Corridor Commission, the State-Sup8 ported Route Committee, and owners of assets 

9 affected by 5-year asset plans; and 

10 ‘‘(C) identify the appropriate Amtrak offi11 cials that are responsible for each asset cat12 egory. 

13 ‘‘(4) EVALUATION OF NATIONAL ASSETS

14 COSTS.—The Secretary shall— 

15 ‘‘(A) evaluate the costs and scope of all na16 tional assets; and 

17 ‘‘(B) determine the activities and costs 

18 that are— 

19 ‘‘(i) required in order to ensure the ef20 ficient operations of a national passenger 

21 rail system; 

22 ‘‘(ii) appropriate for allocation to 1 of 

23 the other Amtrak business lines; and 

24 ‘‘(iii) extraneous to providing an effi25 cient national passenger rail system or are 


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1 too costly relative to the benefits or per2 formance outcomes they provide. 

3 ‘‘(5) DEFINITION OF NATIONAL ASSETS.—In 

4 this section, the term ‘national assets’ means the 

5 Nation’s core rail assets shared among Amtrak serv6 ices, including national reservations, security, train7 ing and training centers, and other assets associated 

8 with Amtrak’s national passenger rail transportation 

9 system. 

10 ‘‘(6) RESTRUCTURING OF NATIONAL ASSETS.— 

11 Not later than 1 year after the date of completion 

12 of the evaluation under section 24320(c)(4), the Ad13 ministrator of the Federal Railroad Administration, 

14 in consultation with the Amtrak Board of Directors, 

15 the governors of each relevant State, and the Mayor 

16 of the District of Columbia, or their designees, shall 

17 restructure or reallocate, or both, the national assets 

18 costs in accordance with the determination under 

19 that section, including making appropriate updates 

20 to Amtrak’s cost accounting methodology and sys21 tem.’’. 

22 (b) EFFECTIVE DATE.—The requirements for Am23 trak to submit final 5-year business line plans and 5-year 

24 asset plans under section 24320 of title 49, United States 


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1 Code, shall take effect 1 year after the date of enactment 

2 of this Act. 

3 (c) CONFORMING AMENDMENTS.—The table of con4 tents for chapter 243, as amended by section 201 of this 

5 Act, is further amended by adding at the end the fol6 lowing: 

‘‘24320. Amtrak 5-year business line and asset plans.’’. 

7 (d) REPEAL OF 5-YEAR FINANCIAL PLAN.—Section 

8 204 of the Passenger Rail Investment and Improvement 

9 Act of 2008 (49 U.S.C. 24101 note), and the item relating 

10 to that section in the table of contents of that Act, are 

11 repealed. 

12 (e) IDENTIFICATION OF DUPLICATIVE REPORTING

13 REQUIREMENTS.—Not later than 1 year after the date of 

14 enactment of this Act, the Secretary shall— 

15 (1) review existing Amtrak reporting require16 ments and identify where the existing requirements 

17 are duplicative with the business line and capital 

18 plans required by section 24320 of title 49, United 

19 States Code; 

20 (2) if the duplicative reporting requirements are 

21 administrative, the Secretary shall eliminate the du22 plicative requirements; and 

23 (3) submit to Congress a report with any rec24 ommendations for repealing any other duplicative 

25 Amtrak reporting requirements. 


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1 SEC. 203. STATE-SUPPORTED ROUTE COMMITTEE. 

2 (a) AMENDMENT.—Chapter 247 is amended by add3 ing at the end the following: 

4 ‘‘§ 24712. State-supported routes operated by Amtrak 

5 ‘‘(a) STATE-SUPPORTED ROUTE COMMITTEE.— 

6 ‘‘(1) ESTABLISHMENT.—Not later than 180 

7 days after the date of enactment of the Railroad Re8 form, Enhancement, and Efficiency Act, the Sec9 retary of Transportation shall establish the State10 Supported Route Committee (referred to in this sec11 tion as the ‘Committee’) to promote mutual coopera12 tion and planning pertaining to the rail operations 

13 of Amtrak and related activities of trains operated 

14 by Amtrak on State-supported routes and to further 

15 implement section 209 of the Passenger Rail Invest16 ment and Improvement Act of 2008 (49 U.S.C. 

17 24101 note). 

18 ‘‘(2) MEMBERSHIP.— 

19 ‘‘(A) IN GENERAL.—The Committee shall 

20 consist of— 

21 ‘‘(i) members representing Amtrak; 

22 ‘‘(ii) members representing the De23 partment of Transportation, including the 

24 Federal Railroad Administration; and 

25 ‘‘(iii) members representing States, 

26 including other public entities that sponsor 


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1 the operation of trains by Amtrak on a 

2 State-supported route, designated by, and 

3 serving at the pleasure of, the chief execu4 tive officer thereof. 

5 ‘‘(B) NON-VOTING MEMBERS.—The Com6 mittee may invite and accept other non-voting 

7 members to participate in Committee activities, 

8 as appropriate. 

9 ‘‘(3) DECISIONMAKING.—The Committee shall 

10 establish a bloc voting system under which, at a 

11 minimum— 

12 ‘‘(A) there are 3 separate voting blocs to 

13 represent the Committee’s voting members, in14 cluding— 

15 ‘‘(i) 1 voting bloc to represent the 

16 members described in paragraph (2)(A)(i); 

17 ‘‘(ii) 1 voting bloc to represent the 

18 members described in paragraph (2)(A)(ii); 

19 and 

20 ‘‘(iii) 1 voting bloc to represent the 

21 members described in paragraph 

22 (2)(A)(iii); 

23 ‘‘(B) each voting bloc has 1 vote; 

24 ‘‘(C) the vote of the voting bloc rep25 resenting the members described in paragraph 


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1 (2)(A)(iii) requires the support of at least two2 thirds of that voting bloc’s members; and 

3 ‘‘(D) the Committee makes decisions by 

4 unanimous consent of the 3 voting blocs. 

5 ‘‘(4) MEETINGS; RULES AND PROCEDURES.— 

6 The Committee shall convene a meeting and shall 

7 define and implement the rules and procedures gov8 erning the Committee’s proceedings not later than 

9 180 days after the date of establishment of the Com10 mittee by the Secretary. The rules and procedures 

11 shall— 

12 ‘‘(A) incorporate and further describe the 

13 decisionmaking procedures to be used in accord14 ance with paragraph (3); and 

15 ‘‘(B) be adopted in accordance with such 

16 decisionmaking procedures. 

17 ‘‘(5) COMMITTEE DECISIONS.—Decisions made 

18 by the Committee in accordance with the Commit19 tee’s rules and procedures, once established, are 

20 binding on all Committee members. 

21 ‘‘(6) COST ALLOCATION METHODOLOGY.— 

22 ‘‘(A) IN GENERAL.—Subject to subpara23 graph (B), the Committee may amend the cost 

24 allocation methodology required and previously 

25 approved under section 209 of the Passenger 


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1 Rail Investment and Improvement Act of 2008 

2 (49 U.S.C. 24101 note). 

3 ‘‘(B) PROCEDURES FOR CHANGING METH4 ODOLOGY.—The rules and procedures imple5 mented under paragraph (4) shall include pro6 cedures for changing the cost allocation meth7 odology. 

8 ‘‘(C) REQUIREMENTS.—The cost allocation 

9 methodology shall— 

10 ‘‘(i) ensure equal treatment in the 

11 provision of like services of all States and 

12 groups of States; and 

13 ‘‘(ii) allocate to each route the costs 

14 incurred only for the benefit of that route 

15 and a proportionate share, based upon fac16 tors that reasonably reflect relative use, of 

17 costs incurred for the common benefit of 

18 more than 1 route. 

19 ‘‘(b) INVOICES AND REPORTS.—Not later than Feb20 ruary 15, 2016, and monthly thereafter, Amtrak shall pro21 vide to each State that sponsors a State-supported route 

22 a monthly invoice of the cost of operating such route, in23 cluding fixed costs and third-party costs. The Committee 

24 shall determine the frequency and contents of the financial 

25 and performance reports that Amtrak shall provide to the 


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1 States, as well as the planning and demand reports that 

2 the States shall provide to Amtrak. 

3 ‘‘(c) DISPUTE RESOLUTION.— 

4 ‘‘(1) REQUEST FOR DISPUTE RESOLUTION.—If 

5 a dispute arises with respect to the rules and proce6 dures implemented under subsection (a)(4), an in7 voice or a report provided under subsection (b), im8 plementation or compliance with the cost allocation 

9 methodology developed under section 209 of the Pas10 senger Rail Investment and Improvement Act of 

11 2008 (49 U.S.C. 24101 note) or amended under 

12 subsection (a)(6) of this section, either Amtrak or 

13 the State may request that the Surface Transpor14 tation Board conduct dispute resolution under this 

15 subsection. 

16 ‘‘(2) PROCEDURES.—The Surface Transpor17 tation Board shall establish procedures for resolu18 tion of disputes brought before it under this sub19 section, which may include provision of professional 

20 mediation services. 

21 ‘‘(3) BINDING EFFECT.—A decision of the Sur22 face Transportation Board under this subsection 

23 shall be binding on the parties to the dispute. 


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1 ‘‘(4) OBLIGATION.—Nothing in this subsection 

2 shall affect the obligation of a State to pay an 

3 amount not in dispute. 

4 ‘‘(d) ASSISTANCE.— 

5 ‘‘(1) IN GENERAL.—The Secretary may provide 

6 assistance to the parties in the course of negotia7 tions for a contract for operation of a State-sup8 ported route. 

9 ‘‘(2) FINANCIAL ASSISTANCE.—From among 

10 available funds, the Secretary shall— 

11 ‘‘(A) provide financial assistance to Am12 trak or 1 or more States to perform requested 

13 independent technical analysis of issues before 

14 the Committee; and 

15 ‘‘(B) reimburse Members for travel ex16 penses, including per diem in lieu of subsist17 ence, in accordance with section 5703 of title 5. 

18 ‘‘(e) PERFORMANCE METRICS.—In negotiating a con19 tract for operation of a State-supported route, Amtrak 

20 and the State or States that sponsor the route shall con21 sider including provisions that provide penalties and incen22 tives for performance. 

23 ‘‘(f) STATEMENT OF GOALS AND OBJECTIVES.— 

24 ‘‘(1) IN GENERAL.—The Committee shall de25 velop a statement of goals, objectives, and associated 


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1 recommendations concerning the future of State2 supported routes operated by Amtrak. The state3 ment shall identify the roles and responsibilities of 

4 Committee members and any other relevant entities, 

5 such as host railroads, in meeting the identified 

6 goals and objectives, or carrying out the rec7 ommendations. The Committee may consult with 

8 such relevant entities, as the Committee considers 

9 appropriate, when developing the statement. 

10 ‘‘(2) TRANSMISSION OF STATEMENT OF GOALS

11 AND OBJECTIVES.—Not later than 2 years after the 

12 date of enactment of the Railroad Reform, Enhance13 ment, and Efficiency Act the Committee shall trans14 mit the statement developed under paragraph (1) to 

15 the Committee on Commerce, Science, and Trans16 portation of the Senate and the Committee on 

17 Transportation and Infrastructure of the House of 

18 Representatives. 

19 ‘‘(g) RULE OF CONSTRUCTION.—The decisions of the 

20 Committee— 

21 ‘‘(1) shall pertain to the rail operations of Am22 trak and related activities of trains operated by Am23 trak on State-sponsored routes; and 


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1 ‘‘(2) shall not pertain to the rail operations or 

2 related activities of services operated by other rail 

3 passenger carriers on State-supported routes. 

4 ‘‘(h) FEDERAL ADVISORY COMMITTEE ACT.—The 

5 Federal Advisory Committee Act (5 U.S.C. App.) shall not 

6 apply to the Committee. 

7 ‘‘(i) DEFINITION OF STATE.—In this section, the 

8 term ‘State’ means each of the 50 States, the District of 

9 Columbia, and a public entity that sponsors the operation 

10 of trains by Amtrak on a State-supported route.’’. 

11 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

12 The table of contents for chapter 247 is amended by add13 ing at the end the following: 

‘‘24712. State-supported routes operated by Amtrak.’’. 

14 SEC. 204. ROUTE AND SERVICE PLANNING DECISIONS. 

15 Section 208 of the Passenger Rail Investment and 

16 Improvement Act of 2008 (49 U.S.C. 24101 note) is 

17 amended to read as follows: 

18 ‘‘SEC. 208. METHODOLOGIES FOR AMTRAK ROUTE AND 

19 SERVICE PLANNING DECISIONS. 

20 ‘‘(a) METHODOLOGY DEVELOPMENT.—Not later 

21 than 180 days after the date of enactment of the Railroad 

22 Reform, Enhancement, and Efficiency Act, as a condition 

23 of receiving a grant under section 101 of that Act, Amtrak 

24 shall obtain the services of an independent entity to de25 velop and recommend objective methodologies for Amtrak 


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1 to use in determining what intercity rail passenger trans2 portation routes and services it should provide, including 

3 the establishment of new routes, the elimination of exist4 ing routes, and the contraction or expansion of services 

5 or frequencies over such routes. 

6 ‘‘(b) CONSIDERATIONS.—Amtrak shall require the 

7 independent entity, in developing the methodologies de8 scribed in subsection (a), to consider— 

9 ‘‘(1) the current and expected performance and 

10 service quality of intercity rail passenger transpor11 tation operations, including cost recovery, on-time 

12 performance, ridership, on-board services, stations, 

13 facilities, equipment, and other services; 

14 ‘‘(2) the connectivity of a route with other 

15 routes; 

16 ‘‘(3) the transportation needs of communities 

17 and populations that are not well served by intercity 

18 rail passenger transportation service or by other 

19 forms of intercity transportation; 

20 ‘‘(4) the methodologies of Amtrak and major 

21 intercity rail passenger transportation service pro22 viders in other countries for determining intercity 

23 passenger rail routes and services; 


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1 ‘‘(5) the financial and operational effects on the 

2 overall network, including the effects on indirect 

3 costs; 

4 ‘‘(6) the views of States and the recommenda5 tions described in State rail plans, rail carriers that 

6 own infrastructure over which Amtrak operates, 

7 Interstate Compacts established by Congress and 

8 States, Amtrak employee representatives, stake9 holder organizations, and other interested parties; 

10 and 

11 ‘‘(7) the funding levels that will be available 

12 under authorization levels that have been enacted 

13 into law. 

14 ‘‘(c) RECOMMENDATIONS.—Not later than 1 year 

15 after the date of enactment of the Railroad Reform, En16 hancement, and Efficiency Act, Amtrak shall transmit to 

17 the Committee on Commerce, Science, and Transportation 

18 of the Senate and the Committee on Transportation and 

19 Infrastructure of the House of Representatives rec20 ommendations developed by the independent entity under 

21 subsection (a). 

22 ‘‘(d) CONSIDERATION OF RECOMMENDATIONS.—Not 

23 later than 90 days after the date the recommendations are 

24 transmitted under subsection (c), Amtrak shall consider 

25 the adoption of each recommendation and transmit to the 


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1 Committee on Commerce, Science, and Transportation of 

2 the Senate and the Committee on Transportation and In3 frastructure of the House of Representatives a report ex4 plaining the reasons for adopting or not adopting each rec5 ommendation.’’. 

6 SEC. 205. COMPETITION. 

7 (a) ALTERNATE PASSENGER RAIL SERVICE PILOT

8 PROGRAM.—Section 24711 is amended to read as follows: 

9 ‘‘§ 24711. Alternate passenger rail service pilot pro10 gram 

11 ‘‘(a) IN GENERAL.—Not later than 18 months after 

12 the date of enactment of the Railroad Reform, Enhance13 ment, and Efficiency Act, the Secretary of Transportation 

14 shall promulgate a rule to implement a pilot program for 

15 competitive selection of rail carriers for long-distance 

16 routes (as defined in section 24102). 

17 ‘‘(b) PILOT PROGRAM REQUIREMENTS.— 

18 ‘‘(1) IN GENERAL.—The pilot program shall— 

19 ‘‘(A) allow a party described in paragraph 

20 (2) to petition the Secretary to provide intercity 

21 rail passenger transportation over a long-dis22 tance route in lieu of Amtrak for an operations 

23 period of 4 years from the date of commence24 ment of service by the winning bidder and, at 

25 the option of the Secretary, consistent with the 


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1 rule promulgated under subsection (a), allow 

2 the contract to be renewed for an additional op3 erations period of 4 years, but not to exceed a 

4 total of 3 operations periods; 

5 ‘‘(B) require the Secretary to— 

6 ‘‘(i) notify the petitioner and Amtrak 

7 of receipt of the petition under subpara8 graph (A) and to publish in the Federal 

9 Register a notice of receipt not later than 

10 30 days after the date of receipt; and 

11 ‘‘(ii) establish a deadline, of not more 

12 than 120 days after the notice of receipt is 

13 published in the Federal Register under 

14 clause (i), by which both the petitioner and 

15 Amtrak, if Amtrak chooses to do so, would 

16 be required to submit a complete bid to 

17 provide intercity rail passenger transpor18 tation over the applicable route; 

19 ‘‘(C) require that each bid— 

20 ‘‘(i) describe the capital needs, finan21 cial projections, and operational plans, in22 cluding staffing plans, for the service, and 

23 such other factors as the Secretary con24 siders appropriate; and 


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1 ‘‘(ii) be made available by the winning 

2 bidder to the public after the bid award; 

3 ‘‘(D) for a route that receives funding 

4 from a State or States, require that for each 

5 bid received from a party described in para6 graph (2), other than a State, the Secretary 

7 have the concurrence of the State or States that 

8 provide funding for that route; 

9 ‘‘(E) for a winning bidder that is not or 

10 does not include Amtrak, require the Secretary 

11 to execute a contract not later than 270 days 

12 after the deadline established under subpara13 graph (B)(ii) and award to the winning bid14 der— 

15 ‘‘(i) subject to paragraphs (3) and 

16 (4), the right and obligation to provide 

17 intercity rail passenger transportation over 

18 that route subject to such performance 

19 standards as the Secretary may require; 

20 and 

21 ‘‘(ii) an operating subsidy, as deter22 mined by the Secretary, for— 

23 ‘‘(I) the first year at a level that 

24 does not exceed 90 percent of the level 

25 in effect for that specific route during 


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1 the fiscal year preceding the fiscal 

2 year in which the petition was re3 ceived, adjusted for inflation; and 

4 ‘‘(II) any subsequent years at the 

5 level calculated under subclause (I), 

6 adjusted for inflation; and 

7 ‘‘(F) for a winning bidder that is or in8 cludes Amtrak, award to that bidder an oper9 ating subsidy, as determined by the Secretary, 

10 over the applicable route that will not change 

11 during the fiscal year in which the bid was sub12 mitted solely as a result of the winning bid. 

13 ‘‘(2) ELIGIBLE PETITIONERS.—The following 

14 parties are eligible to submit petitions under para15 graph (1): 

16 ‘‘(A) A rail carrier or rail carriers that own 

17 the infrastructure over which Amtrak operates 

18 a long-distance route. 

19 ‘‘(B) A rail passenger carrier with a writ20 ten agreement with the rail carrier or rail car21 riers that own the infrastructure over which 

22 Amtrak operates a long-distance route and that 

23 host or would host the intercity rail passenger 

24 transportation. 


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1 ‘‘(C) A State, group of States, or State2 supported joint powers authority or other sub3 State governance entity responsible for provi4 sion of intercity rail passenger transportation 

5 with a written agreement with the rail carrier 

6 or rail carriers that own the infrastructure over 

7 which Amtrak operates a long-distance route 

8 and that host or would host the intercity rail 

9 passenger transportation. 

10 ‘‘(D) A State, group of States, or State11 supported joint powers authority or other sub12 State governance entity responsible for provi13 sion of intercity rail passenger transportation 

14 and a rail passenger carrier with a written 

15 agreement with the rail carrier or rail carriers 

16 that own the infrastructure over which Amtrak 

17 operates a long-distance route and that host or 

18 would host the intercity rail passenger transpor19 tation. 

20 ‘‘(3) PERFORMANCE STANDARDS.—If the win21 ning bidder under paragraph (1)(E)(i) is not or does 

22 not include Amtrak, the performance standards shall 

23 be consistent with the performance required of or 

24 achieved by Amtrak on the applicable route during 

25 the last fiscal year. 


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1 ‘‘(4) AGREEMENT GOVERNING ACCESS

2 ISSUES.—Unless the winning bidder already has ap3 plicable access agreements in place or includes a rail 

4 carrier that owns the infrastructure used in the op5 eration of the route, the winning bidder under para6 graph (1)(E)(i) shall enter into a written agreement 

7 governing access issues between the winning bidder 

8 and the rail carrier or rail carriers that own the in9 frastructure over which the winning bidder would 

10 operate and that host or would host the intercity rail 

11 passenger transportation. 

12 ‘‘(c) ACCESS TO FACILITIES; EMPLOYEES.—If the 

13 Secretary awards the right and obligation to provide rail 

14 passenger transportation over a route under this section 

15 to an entity in lieu of Amtrak— 

16 ‘‘(1) the Secretary shall require Amtrak to pro17 vide access to the Amtrak-owned reservation system, 

18 stations, and facilities directly related to operations 

19 of the awarded routes to the rail passenger carrier 

20 awarded a contract under this section, in accordance 

21 with subsection (g), as necessary to carry out the 

22 purposes of this section; 

23 ‘‘(2) an employee of any person, except for a 

24 freight railroad or a person employed or contracted 

25 by a freight railroad, used by such rail passenger 


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1 carrier in the operation of a route under this section 

2 shall be considered an employee of that rail pas3 senger carrier and subject to the applicable Federal 

4 laws and regulations governing similar crafts or 

5 classes of employees of Amtrak; and 

6 ‘‘(3) the winning bidder shall provide hiring 

7 preference to qualified Amtrak employees displaced 

8 by the award of the bid, consistent with the staffing 

9 plan submitted by the bidder, and shall be subject 

10 to the grant conditions under section 24405. 

11 ‘‘(d) CESSATION OF SERVICE.—If a rail passenger 

12 carrier awarded a route under this section ceases to oper13 ate the service or fails to fulfill an obligation under the 

14 contract required under subsection (b)(1)(E), the Sec15 retary shall take any necessary action consistent with this 

16 title to enforce the contract and ensure the continued pro17 vision of service, including— 

18 ‘‘(1) the installment of an interim rail pas19 senger carrier; 

20 ‘‘(2) providing to the interim rail passenger car21 rier under paragraph (1) an operating subsidy nec22 essary to provide service; and 

23 ‘‘(3) rebidding the contract to operate the rail 

24 passenger transportation. 

25 ‘‘(e) BUDGET AUTHORITY.— 


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1 ‘‘(1) IN GENERAL.—The Secretary shall provide 

2 to a winning bidder that is not or does not include 

3 Amtrak and that is selected under this section any 

4 appropriations withheld under section 101(c) of the 

5 Railroad Reform, Enhancement, and Efficiency Act, 

6 or any subsequent appropriation for the same pur7 pose, necessary to cover the operating subsidy de8 scribed in subsection (b)(1)(E)(ii). 

9 ‘‘(2) AMTRAK.—If the Secretary selects a win10 ning bidder that is not or does not include Amtrak, 

11 the Secretary may provide to Amtrak an appropriate 

12 portion of the appropriations under section 101(a) of 

13 the Railroad Reform, Enhancement, and Efficiency 

14 Act, or any subsequent appropriation for the same 

15 purpose, to cover any cost directly attributable to 

16 the termination of Amtrak service on the route and 

17 any indirect costs to Amtrak imposed on other Am18 trak routes as a result of losing service on the route 

19 operated by the winning bidder. Any amount pro20 vided by the Secretary to Amtrak under this para21 graph shall not be deducted from or have any effect 

22 on the operating subsidy described in subsection 

23 (b)(1)(E)(ii). 

24 ‘‘(f) DEADLINE.—If the Secretary does not promul25 gate the final rule and implement the program before the 


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1 deadline under subsection (a), the Secretary shall submit 

2 to the Committee on Commerce, Science, and Transpor3 tation of the Senate and the Committee on Transportation 

4 and Infrastructure of the House of Representatives a let5 ter, signed by the Secretary and Administrator of the Fed6 eral Railroad Administration, each month until the rule 

7 is complete, including— 

8 ‘‘(1) the reasons why the rule has not been 

9 issued; 

10 ‘‘(2) an updated staffing plan for completing 

11 the rule as soon as feasible; 

12 ‘‘(3) the contact information of the official that 

13 will be overseeing the execution of the staffing plan; 

14 and 

15 ‘‘(4) the estimated date of completion of the 

16 rule. 

17 ‘‘(g) DISPUTES.—If Amtrak and the rail passenger 

18 carrier awarded a route under this section cannot agree 

19 upon terms to carry out subsection (c)(1), and the Surface 

20 Transportation Board finds that access to Amtrak’s facili21 ties or equipment, or the provision of services by Amtrak, 

22 is necessary under subsection (c)(1) and that the oper23 ation of Amtrak’s other services will not be impaired 

24 thereby, the Surface Transportation Board shall issue an 

25 order that the facilities and equipment be made available, 


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1 and that services be provided, by Amtrak, and shall deter2 mine reasonable compensation, liability, and other terms 

3 for use of the facilities and equipment and provision of 

4 the services. 

5 ‘‘(h) LIMITATION.—Not more than 3 long-distance 

6 routes may be selected under this section for operation by 

7 a winning bidder that is not or does not include Amtrak. 

8 ‘‘(i) PRESERVATION OF RIGHT TO COMPETITION ON

9 STATE-SUPPORTED ROUTES.—Nothing in this section 

10 shall be construed as prohibiting a State from introducing 

11 competition for intercity rail passenger transportation or 

12 services on its State-supported route or routes.’’. 

13 (b) REPORT.—Not later than 4 years after the date 

14 of implementation of the pilot program under section 

15 24711 of title 49, United States Code, and quadrennially 

16 thereafter until the pilot program is discontinued, the Sec17 retary shall submit to the Committee on Commerce, 

18 Science, and Transportation of the Senate and the Com19 mittee on Transportation and Infrastructure of the House 

20 of Representatives a report on the results on the pilot pro21 gram to date and any recommendations for further action. 

22 SEC. 206. ROLLING STOCK PURCHASES. 

23 (a) IN GENERAL.—Prior to entering into any con24 tract in excess of $100,000,000 for rolling stock and loco25 motive procurements Amtrak shall submit a business case 


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1 analysis to the Secretary, the Committee on Commerce, 

2 Science, and Transportation and the Committee on Appro3 priations of the Senate and the Committee on Transpor4 tation and Infrastructure and the Committee on Appro5 priations of the House of Representatives, on the utility 

6 of such procurements. 

7 (b) CONTENTS.—The business case analysis shall— 

8 (1) include a cost and benefit comparison that 

9 describes the total lifecycle costs and the anticipated 

10 benefits related to revenue, operational efficiency, re11 liability, and other factors; 

12 (2) set forth the total payments by fiscal year; 

13 (3) identify the specific source and amounts of 

14 funding for each payment, including Federal funds, 

15 State funds, Amtrak profits, Federal, State, or pri16 vate loans or loan guarantees, and other funding; 

17 (4) include an explanation of whether any pay18 ment under the contract will increase Amtrak’s 

19 grant request, as required under section 24318 of 

20 title 49, United States Code, in that particular fiscal 

21 year; and 

22 (5) describe how Amtrak will adjust the pro23 curement if future funding is not available. 

24 (c) RULE OF CONSTRUCTION.—Nothing in this sec25 tion shall be construed as requiring Amtrak to disclose 


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1 confidential information regarding a potential vendor’s 

2 proposed pricing or other sensitive business information 

3 prior to contract execution. 

4 SEC. 207. FOOD AND BEVERAGE POLICY. 

5 (a) IN GENERAL.—Chapter 243, as amended in sec6 tion 202 of this Act, is further amended by adding after 

7 section 24320 the following: 

8 ‘‘§ 24321. Food and beverage reform 

9 ‘‘(a) PLAN.—Not later than 90 days after the date 

10 of enactment of the Railroad Reform, Enhancement, and 

11 Efficiency Act, Amtrak shall develop and begin imple12 menting a plan to eliminate, not later than 4 years after 

13 the date of enactment of that Act, the operating loss asso14 ciated with providing food and beverage service on board 

15 Amtrak trains. 

16 ‘‘(b) CONSIDERATIONS.—In developing and imple17 menting the plan under subsection (a), Amtrak shall con18 sider a combination of cost management and revenue gen19 eration initiatives, including— 

20 ‘‘(1) scheduling optimization; 

21 ‘‘(2) onboard logistics; 

22 ‘‘(3) product development and supply chain effi23 ciency; 

24 ‘‘(4) training, awards, and accountability; 


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1 ‘‘(5) technology enhancements and process im2 provements; and 

3 ‘‘(6) ticket revenue allocation. 

4 ‘‘(c) SAVINGS CLAUSE.—Amtrak shall ensure that no 

5 Amtrak employee holding a position as of the date of en6 actment of the Railroad Reform, Enhancement, and Effi7 ciency Act is involuntarily separated because of— 

8 ‘‘(1) the development and implementation of the 

9 plan required under subsection (a); or 

10 ‘‘(2) any other action taken by Amtrak to im11 plement this section. 

12 ‘‘(d) NO FEDERAL FUNDING FOR OPERATING

13 LOSSES.—Beginning on the date that is 4 years after the 

14 date of enactment of the Railroad Reform, Enhancement, 

15 and Efficiency Act, no Federal funds may be used to cover 

16 any operating loss associated with providing food and bev17 erage service on a route operated by Amtrak or an alter18 native passenger rail service provider that operates a route 

19 in lieu of Amtrak under section 24711. 

20 ‘‘(e) REPORT.—Not later than 120 days after the 

21 date of enactment of the Railroad Reform, Enhancement, 

22 and Efficiency Act, and annually thereafter for a period 

23 of 4 years, Amtrak shall transmit to the Committee on 

24 Commerce, Science, and Transportation of the Senate and 

25 the Committee on Transportation and Infrastructure of 


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1 the House of Representatives a report on the plan devel2 oped under subsection (a) and a description of progress 

3 in the implementation of the plan.’’. 

4 (b) CONFORMING AMENDMENT.—The table of con5 tents for chapter 243, as amended in section 202 of this 

6 Act, is amended by adding at the end the following: 

‘‘24321. Food and beverage reform.’’. 

7 SEC. 208. LOCAL PRODUCTS AND PROMOTIONAL EVENTS. 

8 (a) IN GENERAL.—Not later than 6 months after the 

9 date of enactment of this Act, Amtrak shall establish a 

10 pilot program for a State or States that sponsor a State11 supported route operated by Amtrak to facilitate— 

12 (1) onboard purchase and sale of local food and 

13 beverage products; and 

14 (2) partnerships with local entities to hold pro15 motional events on trains or in stations. 

16 (b) PROGRAM DESIGN.—The pilot program under 

17 paragraph (1) shall allow a State or States— 

18 (1) to nominate and select a local food and bev19 erage products supplier or suppliers or local pro20 motional event partner; 

21 (2) to charge a reasonable price or fee for local 

22 food and beverage products or promotional events 

23 and related activities to help defray the costs of pro24 gram administration and State-supported routes; 

25 and 


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1 (3) a mechanism to ensure that State products 

2 can effectively be handled and integrated into exist3 ing food and beverage services, including compliance 

4 with all applicable regulations and standards gov5 erning such services. 

6 (c) PROGRAM ADMINISTRATION.—The pilot program 

7 shall— 

8 (1) for local food and beverage products, ensure 

9 the products are integrated into existing food and 

10 beverage services, including compliance with all ap11 plicable regulations and standards; 

12 (2) for promotional events, ensure the events 

13 are held in compliance with all applicable regulations 

14 and standards, including terms to address insurance 

15 requirements; and 

16 (3) require an annual report that documents 

17 revenues and costs and indicates whether the prod18 ucts or events resulted in a reduction in the financial 

19 contribution of a State or States to the applicable 

20 State-supported route. 

21 (d) REPORT.—Not later than 4 years after the date 

22 of establishment of the pilot programs under this section, 

23 Amtrak shall report to the Committee on Commerce, 

24 Science, and Transportation of the Senate and the Com25 mittee on Transportation and Infrastructure of the House 


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1 of Representatives on which States have participated in 

2 the pilot programs under this section. The report shall 

3 summarize the financial and operational outcomes of the 

4 pilot programs. 

5 (e) RULE OF CONSTRUCTION.—Nothing in this sub6 section shall be construed as limiting Amtrak’s ability to 

7 operate special trains in accordance with section 216 of 

8 the Passenger Rail Investment and Improvement Act of 

9 2008 (49 U.S.C. 24308 note). 

10 SEC. 209. RIGHT-OF-WAY LEVERAGING. 

11 (a) REQUEST FOR PROPOSALS.— 

12 (1) IN GENERAL.—Not later than 1 year after 

13 the date of enactment of this Act, Amtrak shall 

14 issue a Request for Proposals seeking qualified per15 sons or entities to utilize right-of-way and real estate 

16 owned, controlled, or managed by Amtrak for tele17 communications systems, energy distribution sys18 tems, and other activities considered appropriate by 

19 Amtrak. 

20 (2) CONTENTS.—The Request for Proposals 

21 shall provide sufficient information on the right-of22 way and real estate assets to enable respondents to 

23 propose an arrangement that will monetize or gen24 erate additional revenue from such assets through 


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1 revenue sharing or leasing agreements with Amtrak, 

2 to the extent possible. 

3 (b) CONSIDERATION OF PROPOSALS.—Not later than 

4 180 days following the deadline for the receipt of pro5 posals under subsection (a), Amtrak shall review and con6 sider each qualified proposal. Amtrak may enter into such 

7 agreements as are necessary to implement any qualified 

8 proposal. 

9 (c) REPORT.—Not later than 270 days following the 

10 deadline for the receipt of proposals under subsection (a), 

11 Amtrak shall transmit to the Committee on Commerce, 

12 Science, and Transportation of the Senate and the Com13 mittee on Transportation and Infrastructure of the House 

14 of Representatives a report on the Request for Proposals 

15 required by this section, including summary information 

16 of any proposals submitted to Amtrak and any proposals 

17 accepted by Amtrak. 

18 (d) SAVINGS CLAUSE.—Nothing in this section shall 

19 be construed to limit Amtrak’s ability to utilize right-of20 way or real estate assets that it currently owns, controls, 

21 or manages or constrain Amtrak’s ability to enter into 

22 agreements with other parties to utilize such assets. 

23 SEC. 210. STATION DEVELOPMENT. 

24 (a) REPORT ON DEVELOPMENT OPTIONS.—Not later 

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1 trak shall transmit to the Committee on Commerce, 

2 Science, and Transportation of the Senate and the Com3 mittee on Transportation and Infrastructure of the House 

4 of Representatives a report on options to enhance eco5 nomic development and accessibility of and around Am6 trak stations and terminals, for the purposes of— 

7 (1) improving station condition, functionality, 

8 capacity, and customer amenities; 

9 (2) generating additional investment capital and 

10 development-related revenue streams; 

11 (3) increasing ridership and revenue; 

12 (4) complying with the applicable sections of 

13 the Americans with Disabilities Act of 1990 (42 

14 U.S.C. 12101 et seq.) and the Rehabilitation Act of 

15 1973 (29 U.S.C. 701 et seq.); and 

16 (5) strengthening multimodal connections, in17 cluding transit, intercity buses, roll-on and roll-off 

18 bicycles, and airports, as appropriate. 

19 (b) REQUEST FOR INFORMATION.—Not later than 90 

20 days after the date the report is transmitted under sub21 section (a), Amtrak shall issue a Request of Information 

22 for 1 or more owners of stations served by Amtrak to for23 mally express an interest in completing the requirements 

24 of this section. 

25 (c) PROPOSALS.— 


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1 (1) REQUEST FOR PROPOSALS.—Not later than 

2 180 days after the date the Request for Information 

3 is issued under subsection (a), Amtrak shall issue a 

4 Request for Proposals from qualified persons, in5 cluding small business concerns owned and con6 trolled by socially and economically disadvantaged 

7 individuals and veteran-owned small businesses, to 

8 lead, participate, or partner with Amtrak, a station 

9 owner that responded under subsection (b), and 

10 other entities in enhancing development in and 

11 around such stations and terminals using applicable 

12 options identified under subsection (a) at facilities 

13 selected by Amtrak. 

14 (2) CONSIDERATION OF PROPOSALS.—Not later 

15 than 1 year after the date the Request for Proposals 

16 are issued under paragraph (1), Amtrak shall review 

17 and consider qualified proposals submitted under 

18 paragraph (1). Amtrak or a station owner that re19 sponded under subsection (b) may enter into such 

20 agreements as are necessary to implement any quali21 fied proposal. 

22 (d) REPORT.—Not later than 3 years after the date 

23 of enactment of this Act, Amtrak shall transmit to the 

24 Committee on Commerce, Science, and Transportation of 

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1 frastructure of the House of Representatives a report on 

2 the Request for Proposals process required under this sec3 tion, including summary information of any qualified pro4 posals submitted to Amtrak and any proposals acted upon 

5 by Amtrak or a station owner that responded under sub6 section (b). 

7 (e) DEFINITIONS.—In this section, the terms ‘‘small 

8 business concern’’, ‘‘socially and economically disadvan9 taged individual’’, and ‘‘veteran-owned small business’’ 

10 have the meanings given the terms in section 304(c) of 

11 this Act. 

12 (f) SAVINGS CLAUSE.—Nothing in this section shall 

13 be construed to limit Amtrak’s ability to develop its sta14 tions, terminals, or other assets, to constrain Amtrak’s 

15 ability to enter into and carry out agreements with other 

16 parties to enhance development at or around Amtrak sta17 tions or terminals, or to affect any station development 

18 initiatives ongoing as of the date of enactment of this Act. 

19 SEC. 211. AMTRAK DEBT. 

20 Section 205 of the Passenger Rail Investment and 

21 Improvement Act of 2008 (49 U.S.C. 24101 note) is 

22 amended— 

23 (1) by striking ‘‘as of the date of enactment of 

24 this Act’’ each place it appears; 

25 (2) in subsection (a)— 


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1 (A) by inserting ‘‘, to the extent provided 

2 in advance in appropriations Acts’’ after ‘‘Am3 trak’s indebtedness’’; and 

4 (B) by striking the second sentence; 

5 (3) in subsection (b), by striking ‘‘The Sec6 retary of the Treasury, in consultation’’ and insert7 ing ‘‘To the extent amounts are provided in advance 

8 in appropriations Acts, the Secretary of the Treas9 ury, in consultation’’; 

10 (4) in subsection (d), by inserting ‘‘, to the ex11 tent provided in advance in appropriations Acts’’ 

12 after ‘‘as appropriate’’; 

13 (5) in subsection (e)— 

14 (A) in paragraph (1), by striking ‘‘by sec15 tion 102 of this division’’; and 

16 (B) in paragraph (2), by striking ‘‘by sec17 tion 102’’ and inserting ‘‘for Amtrak’’; 

18 (6) in subsection (g), by inserting ‘‘, unless that 

19 debt receives credit assistance, including direct loans 

20 and loan guarantees, under chapter 6 of title 23, 

21 United States Code or title V of the Railroad Revi22 talization and Regulatory Act of 1976 (45 U.S.C. 

23 821 et seq.)’’ after ‘‘Secretary’’; and 

24 (7) by striking subsection (h). 


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1 SEC. 212. AMTRAK PILOT PROGRAM FOR PASSENGERS 

2 TRANSPORTING DOMESTICATED CATS AND 

3 DOGS. 

4 (a) IN GENERAL.—Not later than 1 year after the 

5 date of enactment of this Act, Amtrak shall develop a pilot 

6 program that allows passengers to transport domesticated 

7 cats or dogs on certain trains operated by Amtrak. 

8 (b) PET POLICY.—In developing the pilot program 

9 required under subsection (a), Amtrak shall— 

10 (1) in the case of a passenger train that is com11 prised of more than 1 car, designate, where feasible, 

12 at least 1 car in which a ticketed passenger may 

13 transport a domesticated cat or dog in the same 

14 manner as carry-on baggage if— 

15 (A) the cat or dog is contained in a pet 

16 kennel; 

17 (B) the pet kennel complies with Amtrak 

18 size requirements for carriage of carry-on bag19 gage; 

20 (C) the passenger is traveling on a train 

21 operating on a route described in subparagraph 

22 (A), (B), or (D) of section 24102(6) of title 49, 

23 United States Code; and 

24 (D) the passenger pays a fee described in 

25 paragraph (3); 


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1 (2) allow a ticketed passenger to transport a 

2 domesticated cat or dog on a train in the same man3 ner as cargo if— 

4 (A) the cat or dog is contained in a pet 

5 kennel; 

6 (B) the pet kennel is stowed in accordance 

7 with Amtrak requirements for cargo stowage; 

8 (C) the passenger is traveling on a train 

9 operating on a route described in subparagraph 

10 (A), (B), or (D) of section 24102(6) of title 49, 

11 United States Code; 

12 (D) the cargo area is temperature con13 trolled in a manner protective of cat and dog 

14 safety and health; and 

15 (E) the passenger pays a fee described in 

16 paragraph (3); and 

17 (3) collect fees for each cat or dog transported 

18 by a ticketed passenger in an amount that, in the 

19 aggregate and at a minimum, covers the full costs 

20 of the pilot program. 

21 (c) REPORT.—Not later than 1 year after the pilot 

22 program required under subsection (a) is first imple23 mented, Amtrak shall transmit to the Committee on Com24 merce, Science, and Transportation of the Senate and the 

25 Committee on Transportation and Infrastructure of the 


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1 House of Representatives a report containing an evalua2 tion of the pilot program. 

3 (d) LIMITATION ON STATUTORY CONSTRUCTION.— 

4 (1) SERVICE ANIMALS.—The pilot program 

5 under subsection (a) shall be separate from and in 

6 addition to the policy governing Amtrak passengers 

7 traveling with service animals. Nothing in this sec8 tion may be interpreted to limit or waive the rights 

9 of passengers to transport service animals. 

10 (2) ADDITIONAL TRAIN CARS.—Nothing in this 

11 section may be interpreted to require Amtrak to add 

12 additional train cars or modify existing train cars. 

13 (3) FEDERAL FUNDS.—No Federal funds may 

14 be used to implement the pilot program required 

15 under this section. 

16 SEC. 213. AMTRAK BOARD OF DIRECTORS. 

17 (a) IN GENERAL.—Section 24302(a) is amended to 

18 read as follows: 

19 ‘‘(a) COMPOSITION AND TERMS.— 

20 ‘‘(1) IN GENERAL.—The Amtrak Board of Di21 rectors (referred to in this section as the ‘Board’) is 

22 composed of the following 9 directors, each of whom 

23 must be a citizen of the United States: 

24 ‘‘(A) The Secretary of Transportation. 

25 ‘‘(B) The President of Amtrak. 


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1 ‘‘(C) 7 individuals appointed by the Presi2 dent of the United States, by and with the ad3 vice and consent of the Senate, with general 

4 business and financial experience, experience or 

5 qualifications in transportation, freight and 

6 passenger rail transportation, travel, hospi7 tality, or passenger air transportation busi8 nesses, or representatives of employees or users 

9 of passenger rail transportation or a State gov10 ernment. 

11 ‘‘(2) SELECTION.—In selecting individuals de12 scribed in paragraph (1)(C) for nominations for ap13 pointments to the Board, the President shall consult 

14 with the Speaker of the House of Representatives, 

15 the minority leader of the House of Representatives, 

16 the majority leader of the Senate, and the minority 

17 leader of the Senate. The individuals appointed to 

18 the Board under paragraph (1)(C) shall be com19 posed of the following; 

20 ‘‘(A) 2 individuals from the Northeast Cor21 ridor. 

22 ‘‘(B) 4 individuals from regions of the 

23 country outside of the Northeast Corridor and 

24 geographically distributed with— 


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1 ‘‘(i) 2 individuals from States with 

2 long-distance routes operated by Amtrak; 

3 and 

4 ‘‘(ii) 2 individuals from States with 

5 State-supported routes operated by Am6 trak. 

7 ‘‘(C) 1 individual from the Northeast Cor8 ridor or a State with long-distance or State9 supported routes. 

10 ‘‘(3) TERM.—An individual appointed under 

11 paragraph (1)(C) shall be appointed for a term of 5 

12 years. The term may be extended until the individ13 ual’s successor is appointed and qualified. Not more 

14 than 4 individuals appointed under paragraph (1)(C) 

15 may be members of the same political party. 

16 ‘‘(4) CHAIRPERSON AND VICE CHAIRPERSON.— 

17 The Board shall elect a chairperson and vice chair18 person, other than the President of Amtrak, from 

19 among its membership. The vice chairperson shall 

20 serve as chairperson in the absence of the chair21 person. 

22 ‘‘(5) SECRETARY’S DESIGNEE.—The Secretary 

23 may be represented at Board meetings by the Sec24 retary’s designee.’’. 


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1 (b) RULE OF CONSTRUCTION.—Nothing in this sec2 tion shall be construed as affecting the term of any direc3 tor serving on the Amtrak Board of Directors under sec4 tion 24302(a)(1)(C) of title 49, United States Code, on 

5 the day preceding the date of enactment of this Act. 

6 TITLE III—INTERCITY 

7 PASSENGER RAIL POLICY 

8 SEC. 301. COMPETITIVE OPERATING GRANTS. 

9 (a) IN GENERAL.—Chapter 244 is amended— 

10 (1) by striking section 24406; and 

11 (2) by inserting after section 24405 the fol12 lowing: 

13 ‘‘§ 24406. Competitive operating grants 

14 ‘‘(a) APPLICANT DEFINED.—In this section, the term 

15 ‘applicant’ means— 

16 ‘‘(1) a State; 

17 ‘‘(2) a group of States; 

18 ‘‘(3) an Interstate Compact; 

19 ‘‘(4) a public agency or publicly chartered au20 thority established by 1 or more States and having 

21 responsibility for providing intercity rail passenger 

22 transportation or commuter rail passenger transpor23 tation; 

24 ‘‘(5) a political subdivision of a State; 


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1 ‘‘(6) Amtrak or another rail passenger carrier 

2 that provides intercity rail passenger transportation; 

3 ‘‘(7) Any rail carrier in partnership with at 

4 least 1 of the entities described in paragraphs (1) 

5 through (5); and 

6 ‘‘(8) any combination of the entities described 

7 in paragraphs (1) through (7). 

8 ‘‘(b) GRANTS AUTHORIZED.—The Secretary of 

9 Transportation shall develop and implement a program for 

10 issuing 3-year operating assistance grants to applicants, 

11 on a competitive basis, for the purpose of initiating, re12 storing, or enhancing intercity rail passenger service. 

13 ‘‘(c) APPLICATION.—An applicant for a grant under 

14 this section shall submit to the Secretary— 

15 ‘‘(1) a capital and mobilization plan that— 

16 ‘‘(A) describes any capital investments, 

17 service planning actions (such as environmental 

18 reviews), and mobilization actions (such as 

19 qualification of train crews) required for initi20 ation of service; and 

21 ‘‘(B) includes the timeline for undertaking 

22 and completing each of the investments and ac23 tions referred to in subparagraph (A); 

24 ‘‘(2) an operating plan that describes the 

25 planned operation of the service, including— 


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1 ‘‘(A) the identity and qualifications of the 

2 train operator; 

3 ‘‘(B) the identity and qualifications of any 

4 other service providers; 

5 ‘‘(C) service frequency; 

6 ‘‘(D) the planned routes and schedules; 

7 ‘‘(E) the station facilities that will be uti8 lized; 

9 ‘‘(F) projected ridership, revenues, and 

10 costs; 

11 ‘‘(G) descriptions of how the projections 

12 under subparagraph (F) were developed; 

13 ‘‘(H) the equipment that will be utilized, 

14 how such equipment will be acquired or refur15 bished, and where such equipment will be main16 tained; and 

17 ‘‘(I) a plan for ensuring safe operations 

18 and compliance with applicable safety regula19 tions; 

20 ‘‘(3) a funding plan that— 

21 ‘‘(A) describes the funding of initial capital 

22 costs and operating costs for the first 3 years 

23 of operation; 

24 ‘‘(B) includes a commitment by the appli25 cant to provide the funds described in subparaVerDate Sep 11 2014 22:38 May 16, 2016 Jkt 059200 PO 00000 Frm 00074 Fmt 6652 Sfmt 6401 E:\BILLS\S1626.RS S1626

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1 graph (A) to the extent not covered by Federal 

2 grants and revenues; and 

3 ‘‘(C) describes the funding of operating 

4 costs and capital costs, to the extent necessary, 

5 after the first 3 years of operation; and 

6 ‘‘(4) a description of the status of negotiations 

7 and agreements with— 

8 ‘‘(A) each of the railroads or regional 

9 transportation authorities whose tracks or fa10 cilities would be utilized by the service; 

11 ‘‘(B) the anticipated rail passenger carrier, 

12 if such entity is not part of the applicant group; 

13 and 

14 ‘‘(C) any other service providers or entities 

15 expected to provide services or facilities that 

16 will be used by the service, including any re17 quired access to Amtrak systems, stations, and 

18 facilities if Amtrak is not part of the applicant 

19 group. 

20 ‘‘(d) PRIORITIES.—In awarding grants under this 

21 section, the Secretary shall give priority to applications— 

22 ‘‘(1) for which planning, design, any environ23 mental reviews, negotiation of agreements, acquisi24 tion of equipment, construction, and other actions 


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1 necessary for initiation of service have been com2 pleted or nearly completed; 

3 ‘‘(2) that would restore service over routes for4 merly operated by Amtrak, including routes with 

5 international connections; 

6 ‘‘(3) that would provide daily or daytime service 

7 over routes where such service did not previously 

8 exist; 

9 ‘‘(4) that include private funding (including 

10 funding from railroads), and funding or other sig11 nificant participation by State, local, and regional 

12 governmental and private entities; 

13 ‘‘(5) that include a funding plan that dem14 onstrates the intercity rail passenger service will be 

15 financially sustainable beyond the 3-year grant pe16 riod; 

17 ‘‘(6) that would provide service to regions and 

18 communities that are underserved or not served by 

19 other intercity public transportation; 

20 ‘‘(7) that would foster economic development, 

21 particularly in rural communities and for disadvan22 taged populations; 

23 ‘‘(8) that would provide other non-transpor24 tation benefits; and 


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1 ‘‘(9) that would enhance connectivity and geo2 graphic coverage of the existing national network of 

3 intercity passenger rail service. 

4 ‘‘(e) LIMITATIONS.— 

5 ‘‘(1) DURATION.—Federal operating assistance 

6 grants authorized under this section for any indi7 vidual intercity rail passenger transportation route 

8 may not provide funding for more than 3 years and 

9 may not be renewed. 

10 ‘‘(2) LIMITATION.—Not more than 6 of the op11 erating assistance grants awarded pursuant to sub12 section (b) may be simultaneously active. 

13 ‘‘(3) MAXIMUM FUNDING.—Grants described in 

14 paragraph (1) may not exceed— 

15 ‘‘(A) 80 percent of the projected net oper16 ating costs for the first year of service; 

17 ‘‘(B) 60 percent of the projected net oper18 ating costs for the second year of service; and 

19 ‘‘(C) 40 percent of the projected net oper20 ating costs for the third year of service. 

21 ‘‘(f) USE WITH CAPITAL GRANTS AND OTHER FED22 ERAL FUNDING.—A recipient of an operating assistance 

23 grant under subsection (b) may use that grant in combina24 tion with other grants awarded under this chapter or any 


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1 other Federal funding that would benefit the applicable 

2 service. 

3 ‘‘(g) AVAILABILITY.—Amounts appropriated for car4 rying out this section shall remain available until ex5 pended. 

6 ‘‘(h) COORDINATION WITH AMTRAK.—If the Sec7 retary awards a grant under this section to a rail pas8 senger carrier other than Amtrak, Amtrak may be re9 quired under section 24711(c)(1) of this title to provide 

10 access to its reservation system, stations, and facilities 

11 that are directly related to operations to such carrier, to 

12 the extent necessary to carry out the purposes of this sec13 tion. The Secretary may award an appropriate portion of 

14 the grant to Amtrak as compensation for this access. 

15 ‘‘(i) CONDITIONS.— 

16 ‘‘(1) GRANT AGREEMENT.—The Secretary shall 

17 require grant recipients under this section to enter 

18 into a grant agreement that requires them to pro19 vide similar information regarding the route per20 formance, financial, and ridership projections, and 

21 capital and business plans that Amtrak is required 

22 to provide, and such other data and information as 

23 the Secretary deems necessary. 

24 ‘‘(2) INSTALLMENTS; TERMINATION.—The Sec25 retary may— 


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1 ‘‘(A) award grants under this section in in2 stallments, as the Secretary considers appro3 priate; and 

4 ‘‘(B) terminate any grant agreement 

5 upon— 

6 ‘‘(i) the cessation of service; or 

7 ‘‘(ii) the violation of any other term of 

8 the grant agreement. 

9 ‘‘(3) GRANT CONDITIONS.—Except as specifi10 cally provided in this section, the use of any 

11 amounts appropriated for grants under this section 

12 shall be subject to the requirements under this chap13 ter. 

14 ‘‘(j) REPORT.—Not later than 4 years after the date 

15 of enactment of the Railroad Reform, Enhancement, and 

16 Efficiency Act, the Secretary, after consultation with 

17 grant recipients under this section, shall submit a report 

18 to Congress that describes— 

19 ‘‘(1) the implementation of this section; 

20 ‘‘(2) the status of the investments and oper21 ations funded by such grants; 

22 ‘‘(3) the performance of the routes funded by 

23 such grants; 

24 ‘‘(4) the plans of grant recipients for continued 

25 operation and funding of such routes; and 


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1 ‘‘(5) any legislative recommendations.’’. 

2 (b) CONFORMING AMENDMENTS.—Chapter 244 is 

3 amended— 

4 (1) in the table of contents, by inserting after 

5 the item relating to section 24405 the following: 

‘‘24406. Competitive operating grants.’’; 

6 (2) in the chapter title, by striking ‘‘INTER7 CITY PASSENGER RAIL SERVICE COR8 RIDOR CAPITAL’’ and inserting ‘‘RAIL CAP9 ITAL AND OPERATING’’; 

10 (3) in section 24401, by striking paragraph (1); 

11 (4) in section 24402, by striking subsection (j) 

12 and inserting the following: 

13 ‘‘(j) APPLICANT DEFINED.—In this section, the term 

14 ‘applicant’ means a State (including the District of Co15 lumbia), a group of States, an Interstate Compact, a pub16 lic agency or publicly chartered authority established by 

17 1 or more States and having responsibility for providing 

18 intercity rail passenger transportation, or a political sub19 division of a State.’’; and 

20 (5) in section 24405— 

21 (A) in subsection (b)— 

22 (i) by inserting ‘‘, or for which an op23 erating grant is issued under section 

24 24406,’’ after ‘‘chapter’’; and 


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1 (ii) in paragraph (2), by striking 

2 ‘‘(43’’ and inserting ‘‘(45’’; 

3 (B) in subsection (d)(1), in the matter pre4 ceding subparagraph (A), by inserting ‘‘or un5 less Amtrak ceased providing intercity pas6 senger railroad transportation over the affected 

7 route more than 3 years before the commence8 ment of new service’’ after ‘‘unless such service 

9 was provided solely by Amtrak to another enti10 ty’’; 

11 (C) in subsection (f), by striking ‘‘under 

12 this chapter for commuter rail passenger trans13 portation, as defined in section 24012(4) of this 

14 title.’’ and inserting ‘‘under this chapter for 

15 commuter rail passenger transportation (as de16 fined in section 24102(3)).’’; and 

17 (D) by adding at the end the following: 

18 ‘‘(g) SPECIAL TRANSPORTATION CIRCUMSTANCES.— 

19 In carrying out this chapter, the Secretary shall allocate 

20 an appropriate portion of the amounts available under this 

21 chapter to provide grants to States— 

22 ‘‘(1) in which there is no intercity passenger 

23 rail service, for the purpose of funding freight rail 

24 capital projects that are on a State rail plan devel25 oped under chapter 227 that provide public benefits 


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1 (as defined in chapter 227), as determined by the 

2 Secretary; or 

3 ‘‘(2) in which the rail transportation system is 

4 not physically connected to rail systems in the conti5 nental United States or may not otherwise qualify 

6 for a grant under this section due to the unique 

7 characteristics of the geography of that State or 

8 other relevant considerations, for the purpose of 

9 funding transportation-related capital projects.’’. 

10 SEC. 302. FEDERAL-STATE PARTNERSHIP FOR STATE OF 

11 GOOD REPAIR. 

12 (a) AMENDMENT.—Chapter 244 is amended by in13 serting after section 24406, as added by section 301 of 

14 this Act, the following: 

15 ‘‘§ 24407. Federal-State partnership for state of good 

16 repair 

17 ‘‘(a) DEFINITIONS.—In this section: 

18 ‘‘(1) APPLICANT.—The term ‘applicant’ 

19 means— 

20 ‘‘(A) a State (including the District of Co21 lumbia); 

22 ‘‘(B) a group of States; 

23 ‘‘(C) an Interstate Compact; 

24 ‘‘(D) a public agency or publicly chartered 

25 authority established by 1 or more States that 


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1 has responsibility for providing intercity rail 

2 passenger transportation or commuter rail pas3 senger transportation; 

4 ‘‘(E) a political subdivision of a State; 

5 ‘‘(F) Amtrak, acting on its own behalf or 

6 under a cooperative agreement with 1 or more 

7 States; or 

8 ‘‘(G) any combination of the entities de9 scribed in subparagraphs (A) through (F). 

10 ‘‘(2) CAPITAL PROJECT.—The term ‘capital 

11 project’ means— 

12 ‘‘(A) a project primarily intended to re13 place, rehabilitate, or repair major infrastruc14 ture assets utilized for providing intercity pas15 senger rail service, including tunnels, bridges, 

16 stations, and other assets, as determined by the 

17 Secretary; or 

18 ‘‘(B) a project primarily intended to im19 prove intercity passenger rail performance, in20 cluding reduced trip times, increased train fre21 quencies, higher operating speeds, and other 

22 improvements, as determined by the Secretary. 

23 ‘‘(3) NORTHEAST CORRIDOR.—The term 

24 ‘Northeast Corridor’ means— 


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1 ‘‘(A) the main rail line between Boston, 

2 Massachusetts and the Virginia Avenue inter3 locking in the District of Columbia; and 

4 ‘‘(B) the branch rail lines connecting to 

5 Harrisburg, Pennsylvania, Springfield, Massa6 chusetts, and Spuyten Duyvil, New York. 

7 ‘‘(4) QUALIFIED RAILROAD ASSET.—The term 

8 ‘qualified railroad asset’ means infrastructure, 

9 equipment, or a facility that— 

10 ‘‘(A) is owned or controlled by an eligible 

11 applicant; and 

12 ‘‘(B) was not in a state of good repair on 

13 the date of enactment of the Railroad Reform, 

14 Enhancement, and Efficiency Act. 

15 ‘‘(b) GRANT PROGRAM AUTHORIZED.—The Secretary 

16 of Transportation shall develop and implement a program 

17 for issuing grants to applicants, on a competitive basis, 

18 to fund capital projects that reduce the state of good re19 pair backlog on qualified railroad assets. 

20 ‘‘(c) ELIGIBLE PROJECTS.—Projects eligible for 

21 grants under this section include capital projects to re22 place or rehabilitate qualified railroad assets, including— 

23 ‘‘(1) capital projects to replace existing assets 

24 in-kind; 


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1 ‘‘(2) capital projects to replace existing assets 

2 with assets that increase capacity or provide a high3 er level of service; and 

4 ‘‘(3) capital projects to ensure that service can 

5 be maintained while existing assets are brought to a 

6 state of good repair. 

7 ‘‘(d) PROJECT SELECTION CRITERIA.—In selecting 

8 an applicant for a grant under this section, the Secretary 

9 shall— 

10 ‘‘(1) give preference to eligible projects— 

11 ‘‘(A) that are consistent with the goals, ob12 jectives, and policies defined in any regional rail 

13 planning document that is applicable to a 

14 project proposal; and 

15 ‘‘(B) for which the proposed Federal share 

16 of total project costs does not exceed 50 per17 cent; and 

18 ‘‘(2) take into account— 

19 ‘‘(A) the cost-benefit analysis of the pro20 posed project, including anticipated private and 

21 public benefits relative to the costs of the pro22 posed project, including— 

23 ‘‘(i) effects on system and service per24 formance; 


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1 ‘‘(ii) effects on safety, competitive2 ness, reliability, trip or transit time, and 

3 resilience; 

4 ‘‘(iii) efficiencies from improved inte5 gration with other modes; and 

6 ‘‘(iv) ability to meet existing or antici7 pated demand; 

8 ‘‘(B) the degree to which the proposed 

9 project’s business plan considers potential pri10 vate sector participation in the financing, con11 struction, or operation of the proposed project; 

12 ‘‘(C) the applicant’s past performance in 

13 developing and delivering similar projects, and 

14 previous financial contributions; 

15 ‘‘(D) whether the applicant has, or will 

16 have— 

17 ‘‘(i) the legal, financial, and technical 

18 capacity to carry out the project; 

19 ‘‘(ii) satisfactory continuing control 

20 over the use of the equipment or facilities; 

21 and 

22 ‘‘(iii) the capability and willingness to 

23 maintain the equipment or facilities; 

24 ‘‘(E) if applicable, the consistency of the 

25 project with planning guidance and documents 


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1 set forth by the Secretary or required by law; 

2 and 

3 ‘‘(F) any other relevant factors, as deter4 mined by the Secretary. 

5 ‘‘(e) PLANNING REQUIREMENTS.—A project is not el6 igible for a grant under this section unless the project is 

7 specifically identified— 

8 ‘‘(1) on a State rail plan prepared in accord9 ance with chapter 227; or 

10 ‘‘(2) if the project is located on the Northeast 

11 Corridor, on the Northeast Corridor Capital Invest12 ment Plan developed pursuant to section 24904(a). 

13 ‘‘(f) NORTHEAST CORRIDOR PROJECTS.— 

14 ‘‘(1) COMPLIANCE WITH USAGE AGREE15 MENTS.—Grant funds may not be provided under 

16 this section to an eligible recipient for an eligible 

17 project located on the Northeast Corridor unless 

18 Amtrak and the public authorities providing com19 muter rail passenger transportation on the North20 east Corridor are in compliance with section 

21 24905(c)(2). 

22 ‘‘(2) CAPITAL INVESTMENT PLAN.—When se23 lecting projects located on the Northeast Corridor, 

24 the Secretary shall consider the appropriate se25 quence and phasing of projects as contained in the 


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1 Northeast Corridor Capital Investment Plan devel2 oped pursuant to section 24904(a). 

3 ‘‘(g) FEDERAL SHARE OF TOTAL PROJECT COSTS.— 

4 ‘‘(1) TOTAL PROJECT COST.—The Secretary 

5 shall estimate the total cost of a project under this 

6 section based on the best available information, in7 cluding engineering studies, studies of economic fea8 sibility, environmental analyses, and information on 

9 the expected use of equipment or facilities. 

10 ‘‘(2) FEDERAL SHARE.—The Federal share of 

11 total costs for a project under this subsection shall 

12 not exceed 80 percent. 

13 ‘‘(3) TREATMENT OF AMTRAK REVENUE.—If 

14 Amtrak or another rail passenger carrier is an appli15 cant under this section, Amtrak or the other rail 

16 passenger carrier, as applicable, may use ticket and 

17 other revenues generated from its operations and 

18 other sources to satisfy the non-Federal share re19 quirements. 

20 ‘‘(h) LETTERS OF INTENT.— 

21 ‘‘(1) IN GENERAL.—The Secretary may issue a 

22 letter of intent to a grantee under this section 

23 that— 

24 ‘‘(A) announces an intention to obligate, 

25 for a major capital project under this section, 


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1 an amount from future available budget author2 ity specified in law that is not more than the 

3 amount stipulated as the financial participation 

4 of the Secretary in the project; and 

5 ‘‘(B) states that the contingent commit6 ment— 

7 ‘‘(i) is not an obligation of the Fed8 eral Government; and 

9 ‘‘(ii) is subject to the availability of 

10 appropriations under Federal law and to 

11 Federal laws in force or enacted after the 

12 date of the contingent commitment. 

13 ‘‘(2) CONGRESSIONAL NOTIFICATION.— 

14 ‘‘(A) IN GENERAL.—Not later than 30 

15 days before issuing a letter under paragraph 

16 (1), the Secretary shall submit written notifica17 tion to— 

18 ‘‘(i) the Committee on Commerce, 

19 Science, and Transportation of the Senate; 

20 ‘‘(ii) the Committee on Appropriations 

21 of the Senate; 

22 ‘‘(iii) the Committee on Transpor23 tation and Infrastructure of the House of 

24 Representatives; and 


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1 ‘‘(iv) the Committee on Appropria2 tions of the House of Representatives. 

3 ‘‘(B) CONTENTS.—The notification sub4 mitted pursuant to subparagraph (A) shall in5 clude— 

6 ‘‘(i) a copy of the proposed letter or 

7 agreement; 

8 ‘‘(ii) the criteria used under sub9 section (d) for selecting the project for a 

10 grant award; and 

11 ‘‘(iii) a description of how the project 

12 meets such criteria. 

13 ‘‘(3) APPROPRIATIONS REQUIRED.—An obliga14 tion or administrative commitment may be made 

15 under this section only when amounts are appro16 priated for such purpose. 

17 ‘‘(i) AVAILABILITY.—Amounts appropriated for car18 rying out this section shall remain available until ex19 pended. 

20 ‘‘(j) GRANT CONDITIONS.—Except as specifically 

21 provided in this section, the use of any amounts appro22 priated for grants under this section shall be subject to 

23 the requirements under this chapter.’’. 


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1 (b) CONFORMING AMENDMENT.—The table of con2 tents for chapter 244 is amended by inserting after the 

3 item relating to section 24406 the following: 

‘‘24407. Federal-State partnership for state of good repair.’’. 

4 SEC. 303. LARGE CAPITAL PROJECT REQUIREMENTS. 

5 Section 24402 is amended by adding at the end the 

6 following: 

7 ‘‘(m) LARGE CAPITAL PROJECT REQUIREMENTS.— 

8 ‘‘(1) IN GENERAL.—For a grant awarded under 

9 this chapter for an amount in excess of 

10 $1,000,000,000, the following conditions shall apply: 

11 ‘‘(A) The Secretary of Transportation may 

12 not obligate any funding unless the applicant 

13 demonstrates, to the satisfaction of the Sec14 retary, that the applicant has committed, and 

15 will be able to fulfill, the non-Federal share re16 quired for the grant within the applicant’s pro17 posed project completion timetable. 

18 ‘‘(B) The Secretary may not obligate any 

19 funding for work activities that occur after the 

20 completion of final design unless— 

21 ‘‘(i) the applicant submits a financial 

22 plan to the Secretary that generally identi23 fies the sources of the non-Federal funding 

24 required for any subsequent segments or 

25 phases of the corridor service development 


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1 program covering the project for which the 

2 grant is awarded; 

3 ‘‘(ii) the grant will result in a useable 

4 segment, a transportation facility, or 

5 equipment, that has operational independ6 ence or is financially sustainable; and 

7 ‘‘(iii) the intercity passenger rail bene8 fits anticipated to result from the grant, 

9 such as increased speed, improved on-time 

10 performance, reduced trip time, increased 

11 frequencies, new service, safety improve12 ments, improved accessibility, or other sig13 nificant enhancements, are detailed by the 

14 grantee and approved by the Secretary. 

15 ‘‘(C)(i) The Secretary shall ensure that the 

16 project is maintained to the level of utility that 

17 is necessary to support the benefits approved 

18 under subparagraph (B)(iii) for a period of 20 

19 years from the date on which the useable seg20 ment, transportation facility, or equipment de21 scribed in subparagraph (B)(ii) is placed in 

22 service. 

23 ‘‘(ii) If the project property is not main24 tained as required under clause (i) for a 12- 

25 month period, the grant recipient shall refund 


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1 a pro-rata share of the Federal contribution, 

2 based upon the percentage remaining of the 20- 

3 year period that commenced when the project 

4 property was placed in service. 

5 ‘‘(2) EARLY WORK.—The Secretary may allow a 

6 grantee subject to this subsection to engage in at7 risk work activities subsequent to the conclusion of 

8 final design if the Secretary determines that such 

9 work activities are reasonable and necessary.’’. 

10 SEC. 304. SMALL BUSINESS PARTICIPATION STUDY. 

11 (a) STUDY.—The Secretary shall conduct a nation12 wide disparity and availability study on the availability 

13 and use of small business concerns owned and controlled 

14 by socially and economically disadvantaged individuals and 

15 veteran-owned small businesses in publicly funded inter16 city passenger rail service projects. 

17 (b) REPORT.—Not later than 4 years after the date 

18 of enactment of this Act, the Secretary shall submit a re19 port containing the results of the study conducted under 

20 subsection (a) to the Committee on Commerce, Science, 

21 and Transportation of the Senate and the Committee on 

22 Transportation and Infrastructure of the House of Rep23 resentatives. 

24 (c) DEFINITIONS.—In this section: 


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1 (1) SMALL BUSINESS CONCERN.—The term 

2 ‘‘small business concern’’ has the meaning given 

3 such term in section 3 of the Small Business Act 

4 (15 U.S.C. 632), except that the term does not in5 clude any concern or group of concerns controlled by 

6 the same socially and economically disadvantaged in7 dividual or individuals that have average annual 

8 gross receipts during the preceding 3 fiscal years in 

9 excess of $22,410,000, as adjusted annually by the 

10 Secretary for inflation. 

11 (2) SOCIALLY AND ECONOMICALLY DISADVAN12 TAGED INDIVIDUAL.—The term ‘‘socially and eco13 nomically disadvantaged individual’’ has the mean14 ing given such term in section 8(d) of the Small 

15 Business Act (15 U.S.C. 637(d)) and relevant sub16 contracting regulations issued pursuant to such Act, 

17 except that women shall be presumed to be socially 

18 and economically disadvantaged individuals for pur19 poses of this section. 

20 (3) VETERAN-OWNED SMALL BUSINESS.—The 

21 term ‘‘veteran-owned small business’’ has the mean22 ing given the term ‘‘small business concern owned 

23 and controlled by veterans’’ in section 3(q)(3) of the 

24 Small Business Act (15 U.S.C. 632(q)(3)), except 

25 that the term does not include any concern or group 


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1 of concerns controlled by the same veterans that 

2 have average annual gross receipts during the pre3 ceding 3 fiscal years in excess of $22,410,000, as 

4 adjusted annually by the Secretary for inflation. 

5 SEC. 305. GULF COAST RAIL SERVICE WORKING GROUP. 

6 (a) IN GENERAL.—Not later than 90 days after the 

7 date of enactment of this Act, the Secretary shall convene 

8 a working group to evaluate the restoration of intercity 

9 rail passenger service in the Gulf Coast region between 

10 New Orleans, Louisiana, and Orlando, Florida. 

11 (b) MEMBERSHIP.—The working group convened 

12 pursuant to subsection (a) shall consist of representatives 

13 of— 

14 (1) the Federal Railroad Administration, which 

15 shall serve as chair of the working group; 

16 (2) Amtrak; 

17 (3) the States along the proposed route or 

18 routes; 

19 (4) regional transportation planning organiza20 tions and metropolitan planning organizations, mu21 nicipalities, and communities along the proposed 

22 route or routes, which shall be selected by the Ad23 ministrator; 

24 (5) the Southern Rail Commission; 


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1 (6) freight railroad carriers whose tracks may 

2 be used for such service; and 

3 (7) other entities determined appropriate by the 

4 Secretary, which may include independent passenger 

5 rail operators that express an interest in Gulf Coast 

6 service. 

7 (c) RESPONSIBILITIES.—The working group shall— 

8 (1) evaluate all options for restoring intercity 

9 rail passenger service in the Gulf Coast region, in10 cluding options outlined in the report transmitted to 

11 Congress pursuant to section 226 of the Passenger 

12 Rail Investment and Improvement Act of 2008 (divi13 sion B of Public Law 110–432); 

14 (2) select a preferred option for restoring such 

15 service; 

16 (3) develop a prioritized inventory of capital 

17 projects and other actions required to restore such 

18 service and cost estimates for such projects or ac19 tions; and 

20 (4) identify Federal and non-Federal funding 

21 sources required to restore such service, including 

22 options for entering into public-private partnerships 

23 to restore such service. 

24 (d) REPORT.—Not later than 9 months after the date 

25 of enactment of this Act, the working group shall submit 


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1 a report to the Committee on Commerce, Science, and 

2 Transportation of the Senate and the Committee on 

3 Transportation and Infrastructure of the House of Rep4 resentatives that includes— 

5 (1) the preferred option selected under sub6 section (c)(2) and the reasons for selecting such op7 tion; 

8 (2) the information described in subsection 

9 (c)(3); 

10 (3) the funding sources identified under sub11 section (c)(4); 

12 (4) the costs and benefits of restoring intercity 

13 rail passenger transportation in the region; and 

14 (5) any other information the working group 

15 determines appropriate. 

16 SEC. 306. INTEGRATED PASSENGER RAIL WORKING GROUP. 

17 (a) IN GENERAL.—Not later than 180 days after the 

18 date of enactment of this Act, the Secretary shall convene 

19 a working group to review issues relating to— 

20 (1) the potential operation of State-supported 

21 routes by rail passenger carriers other than Amtrak; 

22 and 

23 (2) their role in establishing an integrated 

24 intercity passenger rail network in the United 

25 States. 


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1 (b) MEMBERSHIP.—The working group shall consist 

2 of a balanced representation of— 

3 (1) the Federal Railroad Administration, who 

4 shall chair the Working Group; 

5 (2) States that fund State-sponsored routes; 

6 (3) independent passenger rail operators, in7 cluding those that carry at least 5,000,000 pas8 sengers annually in United States or international 

9 rail service; 

10 (4) Amtrak; 

11 (5) railroads that host intercity State-supported 

12 routes; 

13 (6) employee representatives from railroad 

14 unions and building trade unions with substantial 

15 engagement in railroad rights of way construction 

16 and maintenance; and 

17 (7) other entities determined appropriate by the 

18 Secretary. 

19 (c) RESPONSIBILITIES.—The working group shall 

20 evaluate options for improving State-supported routes and 

21 may make recommendations, as appropriate, regarding— 

22 (1) best practices for State or State authority 

23 governance of State-supported routes; 

24 (2) future sources of Federal and non-Federal 

25 funding sources for State-supported routes; 


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1 (3) best practices in obtaining passenger rail 

2 operations and services on a competitive basis with 

3 the objective of creating the highest quality service 

4 at the lowest cost to the taxpayer; 

5 (4) ensuring potential interoperability of State6 supported routes as a part of a national network 

7 with multiple providers providing integrated services 

8 including ticketing, scheduling, and route planning; 

9 and 

10 (5) the interface between State-supported 

11 routes and connecting commuter rail operations, in12 cluding maximized intra-modal and intermodal con13 nections and common sources of funding for capital 

14 projects. 

15 (d) MEETINGS.—Not later than 60 days after the es16 tablishment of the working group by the Secretary under 

17 subsection (a), the working group shall convene an organi18 zational meeting outside of the District of Columbia and 

19 shall define the rules and procedures governing the pro20 ceedings of the working group. The working group shall 

21 hold at least 3 meetings per year in States that fund 

22 State-supported routes. 

23 (e) REPORTS.— 

24 (1) PRELIMINARY REPORT.—Not later than 1 

25 year after the date the working group is established, 


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1 the working group shall submit a preliminary report 

2 to the Secretary, the Governors of States funding 

3 State-supported routes, the Committee on Com4 merce, Science, and Transportation of the Senate, 

5 and the Committee on Transportation and Infra6 structure of the House of Representatives that in7 cludes— 

8 (A) administrative recommendations that 

9 can be implemented by a State and State au10 thority or by the Secretary; and 

11 (B) preliminary legislative recommenda12 tions. 

13 (2) FINAL LEGISLATIVE RECOMMENDATIONS.— 

14 Not later than 2 years after the date the working 

15 group is established, the working group shall submit 

16 a report to the Committee on Commerce, Science, 

17 and Transportation of the Senate and the Com18 mittee on Transportation and Infrastructure of the 

19 House of Representatives that includes final legisla20 tive recommendations. 

21 SEC. 307. SHARED-USE STUDY. 

22 (a) IN GENERAL.—Not later than 3 years after the 

23 date of enactment of this Act, the Secretary, in consulta24 tion with Amtrak, commuter rail authorities, and other 

25 passenger rail operators, railroad carriers that own rail 


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1 infrastructure over which both passenger and freight 

2 trains operate, States, the Surface Transportation Board, 

3 the Northeast Corridor Commission established under sec4 tion 24905, the State-Supported Route Committee estab5 lished under section 24712, and groups representing rail 

6 passengers and customers, as appropriate, shall complete 

7 a study that evaluates— 

8 (1) the shared use of right-of-way by passenger 

9 and freight rail systems; and 

10 (2) the operational, institutional, and legal 

11 structures that would best support improvements to 

12 the systems referred to in paragraph (1). 

13 (b) AREAS OF STUDY.—In conducting the study 

14 under subsection (a), the Secretary shall evaluate— 

15 (1) the access and use of railroad right-of-way 

16 by a rail carrier that does not own the right-of-way, 

17 such as passenger rail services that operate over pri18 vately-owned right-of-way, including an analysis of— 

19 (A) access agreements; 

20 (B) costs of access; and 

21 (C) the resolution of disputes relating to 

22 such access or costs; 

23 (2) the effectiveness of existing contractual, 

24 statutory, and regulatory mechanisms for estabVerDate Sep 11 2014 22:38 May 16, 2016 Jkt 059200 PO 00000 Frm 00101 Fmt 6652 Sfmt 6401 E:\BILLS\S1626.RS S1626

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1 lishing, measuring, and enforcing train performance 

2 standards, including— 

3 (A) the manner in which passenger train 

4 delays are recorded; 

5 (B) the assignment of responsibility for 

6 such delays; and 

7 (C) the use of incentives and penalties for 

8 performance; 

9 (3) strengths and weaknesses in the existing 

10 mechanisms described in paragraph (2) and possible 

11 approaches to address the weaknesses; 

12 (4) mechanisms for measuring and maintaining 

13 public benefits resulting from publicly funded freight 

14 or passenger rail improvements, including improve15 ments directed towards shared-use right-of-way by 

16 passenger and freight rail; 

17 (5) approaches to operations, capacity, and cost 

18 estimation modeling that— 

19 (A) allows for transparent decisionmaking; 

20 and 

21 (B) protects the proprietary interests of all 

22 parties; 

23 (6) liability requirements and arrangements, in24 cluding— 


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1 (A) whether to expand statutory liability 

2 limits to additional parties; 

3 (B) whether to revise the current statutory 

4 liability limits; 

5 (C) whether current insurance levels of 

6 passenger rail operators are adequate and 

7 whether to establish minimum insurance re8 quirements for such passenger rail operators; 

9 and 

10 (D) whether to establish a liability regime 

11 modeled after section 170 of the Atomic Energy 

12 Act of 1954 (42 U.S.C. 2210); 

13 (7) the effect on rail passenger services, oper14 ations, liability limits and insurance levels of the as15 sertion of sovereign immunity by a State; and 

16 (8) other issues identified by the Secretary. 

17 (c) REPORT.—Not later than 60 days after the study 

18 under subsection (a) is complete, the Secretary shall sub19 mit to the Committee on Commerce, Science, and Trans20 portation of the Senate and the Committee on Transpor21 tation and Infrastructure of the House of Representatives 

22 a report that includes— 

23 (1) the results of the study; and 


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1 (2) any recommendations for further action, in2 cluding any legislative proposals consistent with such 

3 recommendations. 

4 (d) IMPLEMENTATION.—The Secretary shall inte5 grate the recommendations submitted under subsection (c) 

6 into its financial assistance programs under subtitle V of 

7 title 49, United States Code, and section 502 of the Rail8 road Revitalization and Regulatory Reform Act of 1976 

9 (45 U.S.C. 822), as appropriate. 

10 SEC. 308. NORTHEAST CORRIDOR COMMISSION. 

11 (a) COMPOSITION.—Section 24905(a) is amended— 

12 (1) in paragraph (1)— 

13 (A) in the matter preceding subparagraph 

14 (A), by inserting ‘‘, infrastructure investments,’’ 

15 after ‘‘rail operations’’; 

16 (B) by amending subparagraph (B) to read 

17 as follows: 

18 ‘‘(B) members representing the Department of 

19 Transportation, including the Office of the Sec20 retary, the Federal Railroad Administration, and the 

21 Federal Transit Administration;’’; and 

22 (C) in subparagraph (D) by inserting ‘‘and 

23 commuter’’ after ‘‘freight’’; and 

24 (2) by amending paragraph (6) to read as fol25 lows: 


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1 ‘‘(6) The members of the Commission shall 

2 elect co-chairs consisting of 1 member described in 

3 paragraph (1)(B) and 1 member described in para4 graph (1)(C).’’. 

5 (b) STATEMENT OF GOALS AND RECOMMENDA6 TIONS.—Section 24905(b) is amended— 

7 (1) in paragraph (1), by inserting ‘‘and periodi8 cally update’’ after ‘‘develop’’; 

9 (2) in paragraph (2)(A), by striking ‘‘beyond 

10 those specified in the state of good repair plan under 

11 section 211 of the Passenger Rail Investment and 

12 Improvement Act of 2008’’; and 

13 (3) by adding at the end the following: 

14 ‘‘(3) SUBMISSION OF STATEMENT OF GOALS, 

15 RECOMMENDATIONS, AND PERFORMANCE RE16 PORTS.—The Commission shall submit to the Com17 mittee on Commerce, Science, and Transportation of 

18 the Senate and the Committee on Transportation 

19 and Infrastructure of the House of Representa20 tives— 

21 ‘‘(A) any updates made to the statement of 

22 goals developed under paragraph (1) not later 

23 than 60 days after such updates are made; and 

24 ‘‘(B) annual performance reports and rec25 ommendations for improvements, as approVerDate Sep 11 2014 22:38 May 16, 2016 Jkt 059200 PO 00000 Frm 00105 Fmt 6652 Sfmt 6401 E:\BILLS\S1626.RS S1626

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1 priate, issued not later than March 31 of each 

2 year, for the prior fiscal year, which summa3 rize— 

4 ‘‘(i) the operations and performance 

5 of commuter, intercity, and freight rail 

6 transportation along the Northeast Cor7 ridor; and 

8 ‘‘(ii) the delivery of the capital plan 

9 described in section 24904.’’. 

10 (c) COST ALLOCATION POLICY.—Section 24905(c) is 

11 amended— 

12 (1) in the subsection heading, by striking ‘‘AC13 CESS COSTS’’ and inserting ‘‘ALLOCATION OF

14 COSTS’’; 

15 (2) in paragraph (1)— 

16 (A) in the paragraph heading, by striking 

17 ‘‘FORMULA’’ and inserting ‘‘POLICY’’; 

18 (B) in the matter preceding subparagraph 

19 (A), by striking ‘‘Within 2 years after the date 

20 of enactment of the Passenger Rail Investment 

21 and Improvement Act of 2008, the Commis22 sion’’ and inserting ‘‘The Commission’’; 

23 (C) in subparagraph (A), by striking ‘‘for24 mula’’ and inserting ‘‘policy’’; and 


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1 (D) by striking subparagraph (B) through 

2 (D) and inserting the following: 

3 ‘‘(B) develop a proposed timetable for im4 plementing the policy; 

5 ‘‘(C) submit the policy and timetable devel6 oped under subparagraph (B) to the Surface 

7 Transportation Board, the Committee on Com8 merce, Science, and Transportation of the Sen9 ate, and the Committee on Transportation and 

10 Infrastructure of the House of Representatives; 

11 ‘‘(D) not later than October 1, 2015, adopt 

12 and implement the policy in accordance with 

13 the timetable; and 

14 ‘‘(E) with the consent of a majority of its 

15 members, the Commission may petition the 

16 Surface Transportation Board to appoint a me17 diator to assist the Commission members 

18 through nonbinding mediation to reach an 

19 agreement under this section.’’; 

20 (3) in paragraph (2)— 

21 (A) by striking ‘‘formula proposed in’’ and 

22 inserting ‘‘policy developed under’’; and 

23 (B) in the second sentence— 

24 (i) by striking ‘‘the timetable, the 

25 Commission shall petition the Surface 


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1 Transportation Board to’’ and inserting 

2 ‘‘paragraph (1)(D) or fail to comply with 

3 the policy thereafter, the Surface Trans4 portation Board shall’’; and 

5 (ii) by striking ‘‘amounts for such 

6 services in accordance with section 

7 24904(c) of this title’’ and inserting ‘‘for 

8 such usage in accordance with the proce9 dures and procedural schedule applicable 

10 to a proceeding under section 24903(c), 

11 after taking into consideration the policy 

12 developed under paragraph (1)(A), as ap13 plicable’’; 

14 (4) in paragraph (3), by striking ‘‘formula’’ and 

15 inserting ‘‘policy’’; and 

16 (5) by adding at the end the following: 

17 ‘‘(4) REQUEST FOR DISPUTE RESOLUTION.—If 

18 a dispute arises with the implementation of, or com19 pliance with, the policy developed under paragraph 

20 (1), the Commission, Amtrak, or public authorities 

21 providing commuter rail passenger transportation on 

22 the Northeast Corridor may request that the Surface 

23 Transportation Board conduct dispute resolution. 

24 The Surface Transportation Board shall establish 

25 procedures for resolution of disputes brought before 


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1 it under this paragraph, which may include the pro2 vision of professional mediation services.’’. 

3 (d) CONFORMING AMENDMENTS.—Section 24905 is 

4 amended— 

5 (1) by striking subsection (d); 

6 (2) by redesignating subsections (e) and (f) as 

7 subsections (d) and (e), respectively; 

8 (3) in subsection (d), as redesignated, by strik9 ing ‘‘to the Commission such sums as may be nec10 essary for the period encompassing fiscal years 2009 

11 through 2013 to carry out this section’’ and insert12 ing ‘‘to the Secretary for the use of the Commission 

13 and the Northeast Corridor Safety Committee such 

14 sums as may be necessary to carry out this section 

15 during fiscal year 2016 through 2019, in addition to 

16 amounts withheld under section 101(e) of the Rail17 road Reform, Enhancement, and Efficiency Act’’; 

18 and 

19 (4) in subsection (e)(2), as redesignated, by 

20 striking ‘‘on the main line.’’ and inserting ‘‘on the 

21 main line and meet annually with the Commission 

22 on the topic of Northeast Corridor safety and secu23 rity.’’. 

24 (e) NORTHEAST CORRIDOR PLANNING.— 

25 (1) AMENDMENT.—Chapter 249 is amended— 


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1 (A) by redesignating section 24904 as sec2 tion 24903; and 

3 (B) by inserting after section 24903, as re4 designated, the following: 

5 ‘‘§ 24904. Northeast Corridor planning 

6 ‘‘(a) NORTHEAST CORRIDOR CAPITAL INVESTMENT

7 PLAN.— 

8 ‘‘(1) REQUIREMENT.—Not later than May 1 of 

9 each year, the Northeast Corridor Commission es10 tablished under section 24905 (referred to in this 

11 section as the ‘Commission’) shall— 

12 ‘‘(A) develop a capital investment plan for 

13 the Northeast Corridor main line between Bos14 ton, Massachusetts, and the Virginia Avenue 

15 interlocking in the District of Columbia, and 

16 the Northeast Corridor branch lines connecting 

17 to Harrisburg, Pennsylvania, Springfield, Mas18 sachusetts, and Spuyten Duyvil, New York, in19 cluding the facilities and services used to oper20 ate and maintain those lines; and 

21 ‘‘(B) submit the capital investment plan to 

22 the Secretary of Transportation and the Com23 mittee on Commerce, Science, and Transpor24 tation of the Senate and the Committee on 


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1 Transportation and Infrastructure of the House 

2 of Representatives. 

3 ‘‘(2) CONTENTS.—The capital investment plan 

4 shall— 

5 ‘‘(A) reflect coordination and network opti6 mization across the entire Northeast Corridor; 

7 ‘‘(B) integrate the individual capital and 

8 service plans developed by each operator using 

9 the methods described in the cost allocation pol10 icy developed under section 24905(c); 

11 ‘‘(C) cover a period of 5 fiscal years, begin12 ning with the first fiscal year after the date on 

13 which the plan is completed; 

14 ‘‘(D) notwithstanding section 24902(b), 

15 identify, prioritize, and phase the implementa16 tion of projects and programs to achieve the 

17 service outcomes identified in the Northeast 

18 Corridor service development plan and the asset 

19 condition needs identified in the Northeast Cor20 ridor asset management plans, once available, 

21 and consider— 

22 ‘‘(i) the benefits and costs of capital 

23 investments in the plan; 

24 ‘‘(ii) project and program readiness; 

25 ‘‘(iii) the operational impacts; and 


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1 ‘‘(iv) funding availability; 

2 ‘‘(E) categorize capital projects and pro3 grams as primarily associated with; 

4 ‘‘(i) normalized capital replacement 

5 and basic infrastructure renewals; 

6 ‘‘(ii) replacement or rehabilitation of 

7 major Northeast Corridor infrastructure 

8 assets, including tunnels, bridges, stations, 

9 and other assets; 

10 ‘‘(iii) statutory, regulatory, or other 

11 legal mandates; 

12 ‘‘(iv) improvements to support service 

13 enhancements or growth; or 

14 ‘‘(v) strategic initiatives that will im15 prove overall operational performance or 

16 lower costs; 

17 ‘‘(F) identify capital projects and pro18 grams that are associated with more than 1 

19 category described in subparagraph (E); 

20 ‘‘(G) describe the anticipated outcomes of 

21 each project or program, including an assess22 ment of— 

23 ‘‘(i) the potential effect on passenger 

24 accessibility, operations, safety, reliability, 

25 and resiliency; 


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1 ‘‘(ii) the ability of infrastructure own2 ers and operators to meet regulatory re3 quirements if the project or program is not 

4 funded; and 

5 ‘‘(iii) the benefits and costs; and 

6 ‘‘(H) include a financial plan. 

7 ‘‘(3) FINANCIAL PLAN.—The financial plan 

8 under paragraph (2)(H) shall— 

9 ‘‘(A) identify funding sources and financ10 ing methods; 

11 ‘‘(B) identify the expected allocated shares 

12 of costs pursuant to/using the cost allocation 

13 policy developed under section 24905(c); 

14 ‘‘(C) identify the projects and programs 

15 that the Commission expects will receive Fed16 eral financial assistance; and 

17 ‘‘(D) identify the eligible entity or entities 

18 that the Commission expects will receive the 

19 Federal financial assistance described under 

20 subparagraph (C). 

21 ‘‘(b) FAILURE TO DEVELOP A CAPITAL INVESTMENT

22 PLAN.—If a capital investment plan has not been devel23 oped by the Commission for a given fiscal year, then the 

24 funds assigned to the account established under section 

25 24319(b) for that fiscal year may be spent only on— 


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1 ‘‘(1) capital projects described in clause (i) or 

2 (iii) of subsection (a)(2)(E) of this section; or 

3 ‘‘(2) capital projects described in subsection 

4 (a)(2)(E)(iv) of this section that are for the sole 

5 benefit of Amtrak. 

6 ‘‘(c) NORTHEAST CORRIDOR ASSET MANAGE7 MENT.— 

8 ‘‘(1) CONTENTS.—With regard to its infrastruc9 ture, Amtrak and each State and public transpor10 tation entity that owns infrastructure that supports 

11 or provides for intercity rail passenger transpor12 tation on the Northeast Corridor shall develop an 

13 asset management system and develop and update, 

14 as necessary, a Northeast Corridor asset manage15 ment plan for each service territory described in sub16 section (a) that— 

17 ‘‘(A) are consistent with the Federal Tran18 sit Administration process, as authorized under 

19 section 5326, when implemented; and 

20 ‘‘(B) include, at a minimum— 

21 ‘‘(i) an inventory of all capital assets 

22 owned by the developer of the asset man23 agement plan; 

24 ‘‘(ii) an assessment of asset condition; 


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1 ‘‘(iii) a description of the resources 

2 and processes necessary to bring or main3 tain those assets in a state of good repair, 

4 including decision-support tools and invest5 ment prioritization methods; and 

6 ‘‘(iv) a description of changes in asset 

7 condition since the previous version of the 

8 plan. 

9 ‘‘(2) TRANSMITTAL.—Each entity described in 

10 paragraph (1) shall transmit to the Commission— 

11 ‘‘(A) not later than 2 years after the date 

12 of enactment of the Railroad Reform, Enhance13 ment, and Efficiency Act, its Northeast Cor14 ridor asset management plan developed under 

15 paragraph (1); and 

16 ‘‘(B) at least biennial thereafter, an update 

17 to its Northeast Corridor asset management 

18 plan. 

19 ‘‘(d) NORTHEAST CORRIDOR SERVICE DEVELOP20 MENT PLAN UPDATES.—Not less frequently than once 

21 every 10 years, the Commission shall update the North22 east Corridor service development plan.’’. 

23 (2) CONFORMING AMENDMENTS.— 

24 (A) NOTE AND MORTGAGE.—Section 

25 24907(a) is amended by striking ‘‘section 


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1 24904 of this title’’ and inserting ‘‘section 

2 24903’’. 

3 (B) TABLE OF CONTENTS AMENDMENT.— 

4 The table of contents for chapter 249 is amend5 ed— 

6 (i) by redesignating the item relating 

7 to section 24904 as relating to section 

8 24903; and 

9 (ii) by inserting after the item relating 

10 to section 24903, as redesignated, the fol11 lowing: 

‘‘24904. Northeast Corridor planning.’’. 

12 (3) REPEAL.—Section 211 of the Passenger 

13 Rail Investment and Improvement Act of 2008 (divi14 sion B of Public Law 110–432; 49 U.S.C. 24902 

15 note) is repealed. 

16 SEC. 309. NORTHEAST CORRIDOR THROUGH-TICKETING 

17 AND PROCUREMENT EFFICIENCIES. 

18 (a) THROUGH-TICKETING STUDY.— 

19 (1) IN GENERAL.—Not later than 3 years after 

20 the date of enactment of this Act, the Northeast 

21 Corridor Commission established under section 

22 24905(a) of title 49, United States Code (referred to 

23 in this section as the ‘‘Commission’’), in consultation 

24 with Amtrak and the commuter rail passenger trans25 portation providers along the Northeast Corridor 


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1 shall complete a study on the feasibility of and op2 tions for permitting through-ticketing between Am3 trak service and commuter rail services on the 

4 Northeast Corridor. 

5 (2) CONTENTS.—In completing the study under 

6 paragraph (1), the Northeast Corridor Commission 

7 shall— 

8 (A) examine the current state of intercity 

9 and commuter rail ticketing technologies, poli10 cies, and other relevant aspects on the North11 east Corridor; 

12 (B) consider and recommend technology, 

13 process, policy, or other options that would per14 mit through-ticketing to allow intercity and 

15 commuter rail passengers to purchase, in a sin16 gle transaction, travel that utilizes Amtrak and 

17 connecting commuter rail services; 

18 (C) consider options to expand through19 ticketing to include local transit services; 

20 (D) summarize costs, benefits, opportuni21 ties, and impediments to developing such 

22 through-ticketing options; and 

23 (E) develop a proposed methodology, in24 cluding cost and schedule estimates, for carVerDate Sep 11 2014 22:38 May 16, 2016 Jkt 059200 PO 00000 Frm 00117 Fmt 6652 Sfmt 6401 E:\BILLS\S1626.RS S1626

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1 rying out a pilot program on through-ticketing 

2 on the Northeast Corridor. 

3 (3) REPORT.—Not later than 60 days after the 

4 date the study under paragraph (1) is complete, the 

5 Commission shall submit to the Committee on Com6 merce, Science, and Transportation of the Senate 

7 and the Committee on Transportation and Infra8 structure of the House of Representatives a report 

9 that includes— 

10 (A) the results of the study; and 

11 (B) any recommendations for further ac12 tion. 

13 (b) JOINT PROCUREMENT STUDY.— 

14 (1) IN GENERAL.—Not later than 3 years after 

15 the date of enactment of this Act, the Secretary, in 

16 cooperation with the Commission, Amtrak, and com17 muter rail transportation authorities on the North18 east Corridor shall complete a study of the potential 

19 benefits resulting from Amtrak and such authorities 

20 undertaking select joint procurements for common 

21 materials, assets, and equipment when expending 

22 Federal funds for such purchases. 

23 (2) CONTENTS.—In completing the study under 

24 paragraph (1), the Secretary shall consider— 


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1 (A) the types of materials, assets, and 

2 equipment that are regularly purchased by Am3 trak and such authorities that are similar and 

4 could be jointly procured; 

5 (B) the potential benefits of such joint pro6 curements, including lower procurement costs, 

7 better pricing, greater market relevancy, and 

8 other efficiencies; 

9 (C) the potential costs of such joint pro10 curements; 

11 (D) any significant impediments to under12 taking joint procurements, including any nec13 essary harmonization and reconciliation of Fed14 eral and State procurement or safety regula15 tions or standards and other requirements; and 

16 (E) whether to create Federal incentives or 

17 requirements relating to considering or carrying 

18 out joint procurements when expending Federal 

19 funds. 

20 (3) TRANSMISSION.—Not later than 60 days 

21 after completing the study required under this sub22 section, the Secretary shall submit to the Committee 

23 on Commerce, Science, and Transportation of the 

24 Senate and the Committee on Transportation and 


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1 Infrastructure of the House of Representatives a re2 port that includes— 

3 (A) the results of the study; and 

4 (B) any recommendations for further ac5 tion. 

6 (c) NORTHEAST CORRIDOR.—In this section, the 

7 term ‘‘Northeast Corridor’’ means the Northeast Corridor 

8 main line between Boston, Massachusetts, and the Vir9 ginia Avenue interlocking in the District of Columbia, and 

10 the Northeast Corridor branch lines connecting to Harris11 burg, Pennsylvania, Springfield, Massachusetts, and 

12 Spuyten Duyvil, New York, including the facilities and 

13 services used to operate and maintain those lines. 

14 SEC. 310. DATA AND ANALYSIS. 

15 (a) DATA.—Not later than 3 years after the date of 

16 enactment of this Act, the Secretary, in consultation with 

17 the Surface Transportation Board, Amtrak, freight rail18 roads, State and local governments, and regional business, 

19 tourism and economic development agencies shall conduct 

20 a data needs assessment— 

21 (1) to support the development of an efficient 

22 and effective intercity passenger rail network; 

23 (2) to identify the data needed to conduct cost24 effective modeling and analysis for intercity pas25 senger rail development programs; 


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1 (3) to determine limitations to the data used 

2 for inputs; 

3 (4) to develop a strategy to address such limita4 tions; 

5 (5) to identify barriers to accessing existing 

6 data; 

7 (6) to develop recommendations regarding 

8 whether the authorization of additional data collec9 tion for intercity passenger rail travel is warranted; 

10 and 

11 (7) to determine which entities will be respon12 sible for generating or collecting needed data. 

13 (b) BENEFIT-COST ANALYSIS.—Not later than 180 

14 days after the date of enactment of this Act, the Secretary 

15 shall enhance the usefulness of assessments of benefits 

16 and costs, for intercity passenger rail and freight rail 

17 projects— 

18 (1) by providing ongoing guidance and training 

19 on developing benefit and cost information for rail 

20 projects; 

21 (2) by providing more direct and consistent re22 quirements for assessing benefits and costs across 

23 transportation funding programs, including the ap24 propriate use of discount rates; 


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1 (3) by requiring applicants to clearly commu2 nicate the methodology used to calculate the project 

3 benefits and costs, including non-proprietary infor4 mation on— 

5 (A) assumptions underlying calculations; 

6 (B) strengths and limitations of data used; 

7 and 

8 (C) the level of uncertainty in estimates of 

9 project benefits and costs; and 

10 (4) by ensuring that applicants receive clear 

11 and consistent guidance on values to apply for key 

12 assumptions used to estimate potential project bene13 fits and costs. 

14 (c) CONFIDENTIAL DATA.—The Secretary shall pro15 tect sensitive or confidential to the greatest extent per16 mitted by law. Nothing in this section shall require any 

17 entity to provide information to the Secretary in the ab18 sence of a voluntary agreement. 

19 SEC. 311. DISASTER RELIEF. 

20 (a) MAJOR DISASTER ASSISTANCE PROGRAMS.—Sec21 tion 406(a) of the Robert T. Stafford Disaster Relief and 

22 Emergency Assistance Act (42 U.S.C. 5172(a)) is amend23 ed— 

24 (1) in paragraph (1)— 


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1 (A) in subparagraph (A), by striking 

2 ‘‘and’’ at the end; 

3 (B) in subparagraph (B), by striking the 

4 period at the end and inserting ‘‘; and’’; and 

5 (C) by adding at the end the following: 

6 ‘‘(C) to entities that receive Federal Gov7 ernment grants to provide critical services for 

8 the repair, restoration, reconstruction, or re9 placement of infrastructure, facilities, and 

10 equipment that— 

11 ‘‘(i) are owned or operated for the 

12 purposes of providing critical services; and 

13 ‘‘(ii) are damaged or destroyed by a 

14 major disaster.’’; and 

15 (2) in paragraph (3)(B)— 

16 (A) by striking ‘‘this paragraph’’ and in17 serting ‘‘this subsection’’; and 

18 (B) by inserting ‘‘transportation,’’ after 

19 ‘‘education,’’. 

20 (b) DEBRIS REMOVAL.—Section 407(a)(2) of such 

21 Act (42 U.S.C. 5173(a)(2)) is amended by inserting ‘‘enti22 ty that receives Federal Government grants to provide 

23 critical services (as defined in section 5172(a)(3)(B))’’ 

24 after ‘‘government’’. 


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1 SEC. 312. PERFORMANCE-BASED PROPOSALS. 

2 (a) SOLICITATION OF PROPOSALS.— 

3 (1) IN GENERAL.—Not later than 30 days after 

4 the date of enactment of this Act, the Secretary 

5 shall issue a request for proposals for projects for 

6 the financing, design, construction, operation, and 

7 maintenance of an intercity passenger rail system, 

8 including— 

9 (A) the Northeast Corridor; 

10 (B) the California Corridor; 

11 (C) the Empire Corridor; 

12 (D) the Pacific Northwest Corridor; 

13 (E) the South Central Corridor; 

14 (F) the Gulf Coast Corridor; 

15 (G) the Chicago Hub Network; 

16 (H) the Florida Corridor; 

17 (I) the Keystone Corridor; 

18 (J) the Northern New England Corridor; 

19 and 

20 (K) the Southeast Corridor. 

21 (2) SUBMISSION.—Proposals shall be submitted 

22 to the Secretary not later than 180 days after the 

23 publication of such request for proposals under para24 graph (1). 

25 (3) PERFORMANCE STANDARD.—Proposals sub26 mitted under paragraph (2) shall meet any standVerDate Sep 11 2014 22:38 May 16, 2016 Jkt 059200 PO 00000 Frm 00124 Fmt 6652 Sfmt 6401 E:\BILLS\S1626.RS S1626

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1 ards established by the Secretary. For corridors with 

2 existing intercity passenger rail service, proposals 

3 shall also be designed to achieve a reduction of exist4 ing minimum intercity rail service trip times between 

5 the main corridor city pairs by a minimum of 25 

6 percent. In the case of a proposal submitted with re7 spect to paragraph (1)(A), the proposal shall be de8 signed to achieve a 2-hour or less express service be9 tween Washington, District of Columbia, and New 

10 York City, New York. 

11 (4) CONTENTS.—A proposal submitted under 

12 this subsection shall include— 

13 (A) the names and qualifications of the 

14 persons submitting the proposal and the entities 

15 proposed to finance, design, construct, operate, 

16 and maintain the railroad, railroad equipment, 

17 and related facilities, stations, and infrastruc18 ture; 

19 (B) a detailed description of the proposed 

20 rail service, including possible routes, required 

21 infrastructure investments and improvements, 

22 equipment needs and type, train frequencies, 

23 peak and average operating speeds, and trip 

24 times; 


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1 (C) a description of how the project would 

2 comply with all applicable Federal rail safety 

3 and security laws, orders, and regulations; 

4 (D) the locations of proposed stations, 

5 which maximize the usage of existing infra6 structure to the extent possible, and the popu7 lations such stations are intended to serve; 

8 (E) the type of equipment to be used, in9 cluding any technologies, to achieve trip time 

10 goals; 

11 (F) a description of any proposed legisla12 tion needed to facilitate all aspects of the 

13 project; 

14 (G) a financing plan identifying— 

15 (i) projected revenue, and sources 

16 thereof; 

17 (ii) the amount of any requested pub18 lic contribution toward the project, and 

19 proposed sources; 

20 (iii) projected annual ridership projec21 tions for the first 10 years of operations; 

22 (iv) annual operations and capital 

23 costs; 

24 (v) the projected levels of capital in25 vestments required both initially and in 


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1 subsequent years to maintain a state-of2 good-repair necessary to provide the ini3 tially proposed level of service or higher 

4 levels of service; 

5 (vi) projected levels of private invest6 ment and sources thereof, including the 

7 identity of any person or entity that has 

8 made or is expected to make a commit9 ment to provide or secure funding and the 

10 amount of such commitment; and 

11 (vii) projected funding for the full fair 

12 market compensation for any asset, prop13 erty right or interest, or service acquired 

14 from, owned, or held by a private person or 

15 Federal entity that would be acquired, im16 paired, or diminished in value as a result 

17 of a project, except as otherwise agreed to 

18 by the private person or entity; 

19 (H) a description of how the project would 

20 contribute to the development of the intercity 

21 passenger rail system and an intermodal plan 

22 describing how the system will facilitate conven23 ient travel connections with other transpor24 tation services; 


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1 (I) a description of how the project will en2 sure compliance with Federal laws governing 

3 the rights and status of employees associated 

4 with the route and service, including those spec5 ified in section 24405 of title 49, United States 

6 Code; 

7 (J) a description of how the design, con8 struction, implementation, and operation of the 

9 project will accommodate and allow for future 

10 growth of existing and projected intercity, com11 muter, and freight rail service; 

12 (K) a description of how the project would 

13 comply with Federal and State environmental 

14 laws and regulations, of what environmental im15 pacts would result from the project, and of how 

16 any adverse impacts would be mitigated; and 

17 (L) a description of the project’s impacts 

18 on highway and aviation congestion, energy 

19 consumption, land use, and economic develop20 ment in the service area. 

21 (b) DETERMINATION AND ESTABLISHMENT OF COM22 MISSIONS.—Not later than 90 days after receipt of the 

23 proposals under subsection (a), the Secretary shall— 

24 (1) make a determination as to whether any 

25 such proposals— 


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1 (A) contain the information required under 

2 paragraphs (3) and (4) of subsection (a); 

3 (B) are sufficiently credible to warrant fur4 ther consideration; 

5 (C) are likely to result in a positive impact 

6 on the Nation’s transportation system; and 

7 (D) are cost-effective and in the public in8 terest; 

9 (2) establish a commission under subsection (c) 

10 for each corridor with 1 or more proposals that the 

11 Secretary determines satisfy the requirements of 

12 paragraph (1); and 

13 (3) forward to each commission established 

14 under paragraph (2) the applicable proposals for re15 view and consideration. 

16 (c) COMMISSIONS.— 

17 (1) MEMBERS.—Each commission established 

18 under subsection (b)(2) shall include— 

19 (A) the governors of the affected States, or 

20 their respective designees; 

21 (B) mayors of appropriate municipalities 

22 with stops along the proposed corridor, or their 

23 respective designees; 


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1 (C) a representative from each freight rail2 road carrier using the relevant corridor, if ap3 plicable; 

4 (D) a representative from each transit au5 thority using the relevant corridor, if applicable; 

6 (E) representatives of nonprofit employee 

7 labor organizations representing affected rail8 road employees; and 

9 (F) the President of Amtrak or his or her 

10 designee. 

11 (2) APPOINTMENT AND SELECTION.—The Sec12 retary shall appoint the members under paragraph 

13 (1). In selecting each commission’s members to ful14 fill the requirements under subparagraphs (B) and 

15 (E) of paragraph (1), the Secretary shall consult 

16 with the Chairperson and Ranking Member of the 

17 Committee on Commerce, Science, and Transpor18 tation of the Senate and of the Committee on Trans19 portation and Infrastructure of the House of Rep20 resentatives. 

21 (3) CHAIRPERSON AND VICE-CHAIRPERSON SE22 LECTION.—The Chairperson and Vice-Chairperson 

23 shall be elected from among members of each com24 mission. 

25 (4) QUORUM AND VACANCY.— 


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1 (A) QUORUM.—A majority of the members 

2 of each commission shall constitute a quorum. 

3 (B) VACANCY.—Any vacancy in each com4 mission shall not affect its powers and shall be 

5 filled in the same manner in which the original 

6 appointment was made. 

7 (5) APPLICATION OF LAW.—Except where oth8 erwise provided by this section, the Federal Advisory 

9 Committee Act (5 U.S.C. App.) shall apply to each 

10 commission created under this section. 

11 (d) COMMISSION CONSIDERATION.— 

12 (1) IN GENERAL.—Each commission established 

13 under subsection (b)(2) shall be responsible for re14 viewing the proposal or proposals forwarded to it 

15 under that subsection and not later than 90 days 

16 after the establishment of the commission, shall 

17 transmit to the Secretary a report, including— 

18 (A) a summary of each proposal received; 

19 (B) services to be provided under each pro20 posal, including projected ridership, revenues, 

21 and costs; 

22 (C) proposed public and private contribu23 tions for each proposal; 

24 (D) the advantages offered by the proposal 

25 over existing intercity passenger rail services; 


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1 (E) public operating subsidies or assets 

2 needed for the proposed project; 

3 (F) possible risks to the public associated 

4 with the proposal, including risks associated 

5 with project financing, implementation, comple6 tion, safety, and security; 

7 (G) a ranked list of the proposals rec8 ommended for further consideration under sub9 section (e) in accordance with each proposal’s 

10 projected positive impact on the Nation’s trans11 portation system; 

12 (H) an identification of any proposed Fed13 eral legislation that would facilitate implemen14 tation of the projects and Federal legislation 

15 that would be required to implement the 

16 projects; and 

17 (I) any other recommendations by the com18 mission concerning the proposed projects. 

19 (2) VERBAL PRESENTATION.—Proposers shall 

20 be given an opportunity to make a verbal presen21 tation to the commission to explain their proposals. 

22 (3) AUTHORIZATION OF APPROPRIATIONS.— 

23 There is authorized to be appropriated to the Sec24 retary for the use of each commission established 


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1 under subsection (b)(2) such sums as are necessary 

2 to carry out this section. 

3 (e) SELECTION BY SECRETARY.— 

4 (1) IN GENERAL.—Not later than 60 days after 

5 receiving the recommended proposals of the commis6 sions established under subsection (b)(2), the Sec7 retary shall— 

8 (A) review such proposals and select any 

9 proposal that provides substantial benefits to 

10 the public and the national transportation sys11 tem, is cost-effective, offers significant advan12 tages over existing services, and meets other 

13 relevant factors determined appropriate by the 

14 Secretary; and 

15 (B) submit to the Committee on Com16 merce, Science, and Transportation of the Sen17 ate and the Committee on Transportation and 

18 Infrastructure of the House of Representatives 

19 a report containing any proposal with respect to 

20 subsection (a)(1)(A) that is selected by the Sec21 retary under subparagraph (A) of this para22 graph, all the information regarding the pro23 posal provided to the Secretary under sub24 section (d), and any other information the Sec25 retary considers relevant. 


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1 (2) SUBSEQUENT REPORT.—Following the sub2 mission of the report under paragraph (1)(B), the 

3 Secretary shall submit to the Committee on Com4 merce, Science, and Transportation of the Senate 

5 and the Committee on Transportation and Infra6 structure of the House of Representatives a report 

7 containing any proposal with respect to subpara8 graphs (B) through (K) of subsection (a)(1) that are 

9 selected by the Secretary under paragraph (1) of 

10 this subsection, all the information regarding the 

11 proposal provided to the Secretary under subsection 

12 (d), and any other information the Secretary con13 siders relevant. 

14 (3) LIMITATION ON REPORT SUBMISSION.—The 

15 report required under paragraph (2) shall not be 

16 submitted by the Secretary until the report sub17 mitted under paragraph (1)(B) has been considered 

18 through a hearing by the Committee on Commerce, 

19 Science, and Transportation of the Senate and the 

20 Committee on Transportation and Infrastructure of 

21 the House of Representatives on the report sub22 mitted under paragraph (1)(B). 

23 (f) NO ACTIONS WITHOUT ADDITIONAL AUTHOR24 ITY.—No Federal agency may take any action to imple25 ment, establish, facilitate, or otherwise act upon any proVerDate Sep 11 2014 22:38 May 16, 2016 Jkt 059200 PO 00000 Frm 00134 Fmt 6652 Sfmt 6401 E:\BILLS\S1626.RS S1626

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1 posal submitted under this section, other than those ac2 tions specifically authorized by this section, without ex3 plicit statutory authority enacted after the date of enact4 ment of this Act. 

5 (g) DEFINITIONS.—In this section: 

6 (1) INTERCITY PASSENGER RAIL.—The term 

7 ‘‘intercity passenger rail’’ means intercity rail pas8 senger transportation as defined in section 24102 of 

9 title 49, United States Code. 

10 (2) STATE.—The term ‘‘State’’ means any of 

11 the 50 States or the District of Columbia. 

12 SEC. 313. AMTRAK INSPECTOR GENERAL. 

13 (a) AUTHORITY.— 

14 (1) IN GENERAL.—The Inspector General of 

15 Amtrak shall have the authority available to other 

16 Inspectors General, as necessary in carrying out the 

17 duties specified in the Inspector General Act of 1978 

18 (5 U.S.C. App.), to investigate any alleged violation 

19 of sections 286, 287, 371, 641, 1001, 1002 and 

20 1516 of title 18, United States Code. 

21 (2) AGENCY.—For purposes of sections 286, 

22 287, 371, 641, 1001, 1002, and 1516 of title 18, 

23 United States Code, Amtrak and the Amtrak Office 

24 of Inspector General, shall be considered a corporaVerDate Sep 11 2014 22:38 May 16, 2016 Jkt 059200 PO 00000 Frm 00135 Fmt 6652 Sfmt 6401 E:\BILLS\S1626.RS S1626

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1 tion in which the United States has a proprietary in2 terest as set forth in section 6 of that title. 

3 (b) ASSESSMENT.—The Inspector General of Amtrak 

4 shall— 

5 (1) not later than 60 days after the date of en6 actment of this Act, initiate an assessment to deter7 mine whether current expenditures or procurements 

8 involving Amtrak’s fulfillment of the Americans with 

9 Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) 

10 utilize competitive, market-driven provisions that are 

11 applicable throughout the entire term of such related 

12 expenditures or procurements; and 

13 (2) not later than 6 months after the date of 

14 enactment of this Act, transmit to the Committee on 

15 Commerce, Science, and Transportation of the Sen16 ate and the Committee on Transportation and Infra17 structure of the House of Representatives the as18 sessment under paragraph (1). 

19 (c) LIMITATION.—The authority provided by sub20 sections (a) and (b) shall be effective only with respect 

21 to a fiscal year for which Amtrak receives a Federal sub22 sidy. 

23 SEC. 314. MISCELLANEOUS PROVISIONS. 

24 (a) TITLE 49 AMENDMENTS.— 


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1 (1) CONTINGENT INTEREST RECOVERIES.—Sec2 tion 22106(b) is amended by striking ‘‘interest 

3 thereof’’ and inserting ‘‘interest thereon’’. 

4 (2) AUTHORITY.—Section 22702(b)(4) is 

5 amended by striking ‘‘5 years for reapproval by the 

6 Secretary’’ and inserting ‘‘4 years for acceptance by 

7 the Secretary’’. 

8 (3) CONTENTS OF STATE RAIL PLANS.—Section 

9 22705(a) is amended by striking paragraph (12). 

10 (4) MISSION.—Section 24101(b) is amended by 

11 striking ‘‘of subsection (d)’’ and inserting ‘‘set forth 

12 in subsection (c)’’. 

13 (5) TABLE OF CONTENTS AMENDMENT.—The 

14 table of contents for chapter 243 is amended by 

15 striking the item relating to section 24316 and in16 serting the following: 

‘‘24316. Plans to address the needs of families of passengers involved in rail 

passenger accidents.’’. 

17 (6) UPDATE.—Section 24305(f)(3) is amended 

18 by striking ‘‘$1,000,000’’ and inserting 

19 ‘‘$5,000,000’’. 

20 (7) AMTRAK.—Chapter 247 is amended— 

21 (A) in section 24702(a), by striking ‘‘not 

22 included in the national rail passenger transpor23 tation system’’; 

24 (B) in section 24706— 


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1 (i) in subsection (a)— 

2 (I) in paragraph (1), by striking 

3 ‘‘a discontinuance under section 

4 24704 or or’’; and 

5 (II) in paragraph (2), by striking 

6 ‘‘section 24704 or’’; and 

7 (ii) in subsection (b), by striking ‘‘sec8 tion 24704 or’’; and 

9 (C) in section 24709, by striking ‘‘The 

10 Secretary of the Treasury and the Attorney 

11 General,’’ and inserting ‘‘The Secretary of 

12 Homeland Security,’’. 

13 (b) PASSENGER RAIL INVESTMENT AND IMPROVE14 MENT ACT AMENDMENTS.—Section 305(a) of the Pas15 senger Rail Investment and Improvement Act of 2008 (49 

16 U.S.C. 24101 note) is amended by inserting ‘‘nonprofit 

17 organizations representing employees who perform over18 haul and maintenance of passenger railroad equipment,’’ 

19 after ‘‘equipment manufacturers,’’. 

20 TITLE IV—RAIL SAFETY 

21 Subtitle A—Safety Improvement 

22 SEC. 401. HIGHWAY-RAIL GRADE CROSSING SAFETY. 

23 (a) MODEL STATE HIGHWAY-RAIL GRADE CROSSING

24 ACTION PLAN.— 


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1 (1) IN GENERAL.—Not later than 1 year after 

2 the date of enactment of this Act, the Secretary 

3 shall develop a model of a State-specific highway-rail 

4 grade crossing action plan and distribute the model 

5 plan to each State. 

6 (2) CONTENTS.—The plan developed under 

7 paragraph (1) shall include— 

8 (A) methodologies, tools, and data sources 

9 for identifying and evaluating highway-rail 

10 grade crossing safety risks; 

11 (B) best practices to reduce the risk of 

12 highway-rail grade crossing accidents or inci13 dents, including strategies for— 

14 (i) education, including model stake15 holder engagement plans or tools; 

16 (ii) engineering, including the benefits 

17 and costs of different designs and tech18 nologies used to mitigate highway-rail 

19 grade crossing safety risks; and 

20 (iii) enforcement, including the 

21 strengths and weaknesses associated with 

22 different enforcement methods; 

23 (C) for each State, a customized list and 

24 data set of the highway-rail grade crossing acci25 dents or incidents in that State over the past 3 


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1 years, including the location, number of deaths, 

2 and number of injuries for each accident or in3 cident; and 

4 (D) contact information of a Department 

5 of Transportation safety official available to as6 sist the State in adapting the model plan to sat7 isfy the requirements under subsection (b). 

8 (b) STATE HIGHWAY-RAIL GRADE CROSSING ACTION

9 PLANS.— 

10 (1) REQUIREMENTS.—Not later than 18 

11 months after the Secretary develops and distributes 

12 the model plan under subsection (a), the Secretary 

13 shall promulgate a rule that requires— 

14 (A) each State, except the 10 States iden15 tified under section 202 of the Rail Safety Im16 provement Act of 2008 (49 U.S.C. 22501 note), 

17 to develop and implement a State highway-rail 

18 grade crossing action plan; and 

19 (B) each State that was identified under 

20 section 202 of the Rail Safety Improvement Act 

21 of 2008 (49 U.S.C. 22501 note), to update its 

22 State action plan under that section and submit 

23 to the Secretary the updated State action plan 

24 and a report describing what the State did to 

25 implement its previous State action plan under 


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1 that section and how it will continue to reduce 

2 highway-rail grade crossing safety risks. 

3 (2) CONTENTS.—Each State plan required 

4 under this subsection shall— 

5 (A) identify highway-rail grade crossings 

6 that have experienced recent highway-rail grade 

7 crossing accidents or incidents, or are at high8 risk for accidents or incidents; 

9 (B) identify specific strategies for improv10 ing safety at highway-rail grade crossings, in11 cluding highway-rail grade crossing closures or 

12 grade separations; and 

13 (C) designate a State official responsible 

14 for managing implementation of the State plan 

15 under subparagraph (A) or (B) of paragraph 

16 (1), as applicable. 

17 (3) ASSISTANCE.—The Secretary shall provide 

18 assistance to each State in developing and carrying 

19 out, as appropriate, the State plan under this sub20 section. 

21 (4) PUBLIC AVAILABILITY.—Each State shall 

22 submit its final State plan under this subsection to 

23 the Secretary for publication. The Secretary shall 

24 make each approved State plan publicly available on 

25 an official Internet Web site. 


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1 (5) CONDITIONS.—The Secretary may condition 

2 the awarding of a grant to a State under chapter 

3 244 of title 49, United States Code, on that State 

4 submitting an acceptable State plan under this sub5 section. 

6 (6) REVIEW OF ACTION PLANS.—Not later than 

7 60 days after the date of receipt of a State plan 

8 under this subsection, the Secretary shall— 

9 (A) if the State plan is approved, notify 

10 the State and publish the State plan under 

11 paragraph (4); and 

12 (B) if the State plan is incomplete or defi13 cient, notify the State of the specific areas in 

14 which the plan is deficient and allow the State 

15 to complete the plan or correct the deficiencies 

16 and resubmit the plan under paragraph (1). 

17 (7) DEADLINE.—Not later than 60 days after 

18 the date of a notice under paragraph (6)(B), a State 

19 shall complete the plan or correct the deficiencies 

20 and resubmit the plan. 

21 (8) FAILURE TO COMPLETE OR CORRECT

22 PLAN.—If a State fails to meet the deadline under 

23 paragraph (7), the Secretary shall post on the Web 

24 site under paragraph (4) a notice that the State has 


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1 an incomplete or deficient highway-rail grade cross2 ing action plan. 

3 (c) RAILWAY-HIGHWAY CROSSINGS FUNDS.—The 

4 Secretary may use funds made available to carry out sec5 tion 130 of title 23, United States Code, to provide States 

6 with funds to develop a State highway-rail grade crossing 

7 action plan under subsection (b)(1)(A) of this section or 

8 to update a State action plan under subsection (b)(1)(B) 

9 of this section. 

10 (d) DEFINITIONS.—In this section: 

11 (1) HIGHWAY-RAIL GRADE CROSSING.—The 

12 term ‘‘highway-rail grade crossing’’ means a location 

13 within a State, other than a location where 1 or 

14 more railroad tracks cross 1 or more railroad tracks 

15 at grade where— 

16 (A) a public highway, road, or street, or a 

17 private roadway, including associated sidewalks 

18 and pathways, crosses 1 or more railroad tracks 

19 either at grade or grade-separated; or 

20 (B) a pathway explicitly authorized by a 

21 public authority or a railroad carrier that is 

22 dedicated for the use of non-vehicular traffic, 

23 including pedestrians, bicyclists, and others, 

24 that is not associated with a public highway, 

25 road, or street, or a private roadway, crosses 1 


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1 or more railroad tracks either at grade or 

2 grade-separated. 

3 (2) STATE.—The term ‘‘State’’ means a State 

4 of the United States or the District of Columbia. 

5 SEC. 402. CONFIDENTIAL CLOSE CALL REPORTING SYSTEM. 

6 (a) IN GENERAL.—Not later than 3 years after the 

7 date of enactment of this Act, the Secretary shall promul8 gate a rule to encourage and facilitate the voluntary par9 ticipation of railroad carriers, railroad carrier contractors, 

10 and employees of railroad carriers or railroad carrier con11 tractors (including any non-profit labor organizations rep12 resenting a class or craft of directly affected employees 

13 of railroads carriers or railroad carrier contractors) in a 

14 confidential close call reporting system. 

15 (b) PROGRAM ELEMENTS.— 

16 (1) IN GENERAL.—The Secretary shall use any 

17 information and experience gathered through re18 search and pilot programs on confidential close call 

19 reporting systems in developing a rule for the vol20 untary adoption of confidential close call reporting 

21 system programs under this section. 

22 (2) RULEMAKING.— 

23 (A) IN GENERAL.—Each confidential close 

24 call reporting system program shall be designed 

25 to improve railroad safety by facilitating greater 


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1 collection and analysis of reports that describe 

2 unsafe conditions and events in the railroad in3 dustry, as reported voluntarily and confiden4 tially by employees. 

5 (B) REQUIREMENTS.—The rule shall 

6 specify— 

7 (i) the use of independent third par8 ties for the collection of close call reports, 

9 de-identification of data, and distribution 

10 of close call data; 

11 (ii) the criteria for participating vol12 untarily in the confidential close call re13 porting system; 

14 (iii) the criteria for accepting con15 fidential close call reports; 

16 (iv) the appropriate use and protec17 tion, including the information protections 

18 described in subsection (d), of peer review 

19 teams and participation of the Secretary’s 

20 representatives; 

21 (v) the relief from specific railroad 

22 safety regulatory provisions and the condi23 tions under which the relief will and will 

24 not be granted; and 


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1 (vi) the appropriate use and protec2 tion, including the information protections 

3 described in subsection (d), of confidential 

4 data generated under voluntary participa5 tion in the confidential close call reporting 

6 system. 

7 (c) PROGRAM DEVELOPMENT.— 

8 (1) IN GENERAL.—A railroad carrier voluntarily 

9 participating in a confidential close call reporting 

10 system program, pursuant to program elements con11 tained in the final rule promulgated under sub12 section (b) and in collaboration with the Secretary, 

13 railroad carrier contractors (as appropriate), and 

14 employees of railroad carriers or railroad carrier 

15 contractors (including any non-profit labor organiza16 tion representing a class or craft of directly affected 

17 employees of railroad carriers or railroad carrier 

18 contractors), shall develop an implementing memo19 randum of understanding that establishes agreed20 upon terms for participation in the confidential close 

21 call reporting system. 

22 (2) SIGNATURES REQUIRED.—An implementing 

23 memorandum of understanding under paragraph (1) 

24 shall be signed by— 


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1 (A) the Secretary or the Secretary’s des2 ignee; 

3 (B) the participating railroad carrier or 

4 the representative thereof; 

5 (C) if appropriate, each participating rail6 road carrier contractor or the representative 

7 thereof; and 

8 (D) the participating employees and con9 tractors or the representative thereof (such as 

10 1 or more non-profit labor organizations rep11 resenting a class or craft of directly affected 

12 employees of the railroad carrier or railroad 

13 carrier contractor). 

14 (d) INFORMATION PROTECTION.— 

15 (1) IN GENERAL.—For a confidential close call 

16 reporting system program established through an 

17 implementing memorandum of understanding de18 scribed in subsection (c), the rule shall include provi19 sions that withhold from discovery or admission into 

20 evidence (in a Federal or State court proceeding for 

21 damages involving personal injury, wrongful death, 

22 or property damage against a railroad carrier or 

23 railroad carrier contractor) any plan, document, re24 port, survey, schedule, list, or data compiled or col25 lected for the sole purpose of developing, evaluating, 


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1 planning, or implementing a confidential close call 

2 reporting system program, including a railroad car3 rier’s analysis of its close calls or near misses. 

4 (2) RETROACTIVE APPLICATIONS.—With regard 

5 to a voluntary confidential close call reporting sys6 tem that was in effect prior to the date of final rule 

7 under subsection (a), the Secretary— 

8 (A) shall allow the parties participating in 

9 that system to sign a new or revised imple10 menting memorandum of understanding that 

11 prospectively entitles the parties to the informa12 tion protections under paragraph (1); and 

13 (B) may retroactively apply the informa14 tion protections under paragraph (1) to any in15 formation and analyses that was generated 

16 under that system prior to the date of the final 

17 rule. 

18 (3) CONFIDENTIALITY.—For a confidential 

19 close call reporting system program established 

20 through an implementing memorandum of under21 standing described in subsection (c), the Secretary 

22 shall ensure that the Department of Transportation 

23 and any entity collecting close call reports, de-identi24 fying data, or distributing close call data provide the 

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1 fidential Information Protection and Statistical Effi2 ciency Act of 2002 (44 U.S.C. 3501 note), as ad3 ministered by the Bureau of Transportation Statis4 tics. 

5 (e) SAVINGS CLAUSE.—Nothing in this section 

6 shall— 

7 (1) require a railroad carrier to adopt a con8 fidential close call reporting system program; 

9 (2) prohibit a railroad carrier from voluntarily 

10 adopting a confidential close call reporting system 

11 program outside of the rulemaking framework; and 

12 (3) require the Secretary to develop a confiden13 tial close call reporting system program with a rail14 road carrier, a railroad carrier contractor, employees 

15 of the railroad carrier or railroad carrier contractor, 

16 or any non-profit labor organizations representing a 

17 class or craft of employees of a railroad carrier or 

18 a railroad carrier contractor. 

19 (f) DEFINITION OF RAILROAD CARRIER.—In this 

20 section, the term ‘‘railroad carrier’’ has the meaning given 

21 the term in section 20102 of title 49, United States Code. 

22 (g) ADDITIONAL INFORMATION PROTECTIONS.—Sec23 tion 20118 is amended— 

24 (1) in subsection (a)— 


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1 (A) in the matter preceding paragraph 

2 (1)— 

3 (i) by inserting ‘‘, confidential close 

4 call reporting system program,’’ after 

5 ‘‘safety risk reduction program’’; and 

6 (ii) by inserting ‘‘pursuant to section 

7 552(b)(3) of that title,’’ after ‘‘section 552 

8 of title 5’’; 

9 (B) in paragraph (1), by inserting ‘‘, con10 fidential close call reporting system program,’’ 

11 after ‘‘safety risk reduction program’’; and 

12 (C) in paragraph (2), by inserting ‘‘, con13 fidential close call reporting system program,’’ 

14 after ‘‘safety risk reduction program’’; 

15 (2) in subsection (b), by inserting ‘‘, confiden16 tial close call reporting system program,’’ after 

17 ‘‘safety risk reduction program’’; and 

18 (3) in subsection (c), by inserting ‘‘, of any in19 formation or analyses generated as part of a con20 fidential close call reporting system program,’’ after 

21 ‘‘risk mitigation analyses’’. 

22 SEC. 403. SPEED LIMIT ACTION PLANS. 

23 (a) IN GENERAL.—Not later than 90 days after the 

24 date of enactment of this Act, each railroad carrier pro25 viding intercity rail passenger transportation or commuter 


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1 rail passenger transportation, in consultation with any ap2 plicable host railroad carrier, shall survey its entire system 

3 and identify each main track location where there is a re4 duction of more than 20 miles per hour from the approach 

5 speed to a curve or bridge and the maximum authorized 

6 operating speed for passenger trains at that curve or 

7 bridge. 

8 (b) ACTION PLANS.—Not later than 120 days after 

9 the date that the survey under subsection (a) is complete, 

10 a rail passenger carrier shall submit to the Secretary an 

11 action plan that— 

12 (1) identifies each main track location where 

13 there is a reduction of more than 20 miles per hour 

14 from the approach speed to a curve or bridge and 

15 the maximum authorized operating speed for pas16 senger trains at that curve or bridge; 

17 (2) describes appropriate actions, including 

18 modification to automatic train control systems, if 

19 applicable, other signal systems, or other practices, 

20 including increased crew communication, to enable 

21 warning and enforcement of the maximum author22 ized speed for passenger trains at each location iden23 tified under paragraph (1); 


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1 (3) contains milestones and target dates for im2 plementing each appropriate action described under 

3 paragraph (2); and 

4 (4) ensures compliance with the maximum au5 thorized speed at each location identified under 

6 paragraph (1). 

7 (c) APPROVAL.—Not later than 90 days after the 

8 date an action plan is submitted under subsection (a), the 

9 Secretary shall approve, approve with conditions, or dis10 approve the action plan. 

11 (d) ALTERNATIVE SAFETY MEASURES.—The Sec12 retary may exempt from the requirements of this section 

13 each segment of track for which operations are governed 

14 by a positive train control system certified under section 

15 20157 of title 49, United States Code, or any other safety 

16 technology or practice that would achieve an equivalent 

17 or greater level of safety in reducing derailment risk. 

18 (e) SAVINGS CLAUSE.—Nothing in this section shall 

19 prohibit the Secretary from applying the requirements of 

20 this section to other segments of track at high risk of over21 speed derailment. 

22 SEC. 404. SIGNAGE. 

23 (a) IN GENERAL.—The Secretary shall promulgate 

24 such regulations as the Secretary considers necessary to 

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1 senger transportation or commuter rail passenger trans2 portation, in consultation with any applicable host railroad 

3 carrier, to install signs to warn train crews before the 

4 train approaches a location that the Secretary identifies 

5 as having high risk of overspeed derailment. 

6 (b) ALTERNATIVE SAFETY MEASURES.—The Sec7 retary may exempt from the requirements of this section 

8 each segment of track for which operations are governed 

9 by a positive train control system certified under section 

10 20157 of title 49, United States Code, or any other safety 

11 technology or practice that would achieve an equivalent 

12 or greater level of safety in reducing derailment risk. 

13 SEC. 405. ALERTERS. 

14 (a) IN GENERAL.—The Secretary shall promulgate a 

15 rule to require a working alerter in the controlling loco16 motive of each passenger train in intercity rail passenger 

17 transportation (as defined in section 24102 of title 49, 

18 United States Code) or commuter rail passenger transpor19 tation (as defined in section 24102 of title 49, United 

20 States Code). 

21 (b) RULEMAKING.— 

22 (1) IN GENERAL.—The Secretary may promul23 gate a rule to specify the essential functionalities of 

24 a working alerter, including the manner in which the 

25 alerter can be reset. 


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1 (2) ALTERNATE PRACTICE OR TECHNOLOGY.— 

2 The Secretary may require or allow a technology or 

3 practice in lieu of a working alerter if the Secretary 

4 determines that the technology or practice would 

5 achieve an equivalent or greater level of safety in en6 hancing or ensuring appropriate locomotive control. 

7 SEC. 406. SIGNAL PROTECTION. 

8 (a) IN GENERAL.—The Secretary shall promulgate 

9 such regulations as the Secretary considers necessary to 

10 require that on-track safety regulations, whenever prac11 ticable and consistent with other safety requirements and 

12 operational considerations, include requiring implementa13 tion of redundant signal protection, such as shunting or 

14 other practices and technologies that achieve an equivalent 

15 or greater level of safety, for maintenance-of-way work 

16 crews who depend on a train dispatcher to provide signal 

17 protection. 

18 (b) ALTERNATIVE SAFETY MEASURES.—The Sec19 retary may exempt from the requirements of this section 

20 each segment of track for which operations are governed 

21 by a positive train control system certified under section 

22 20157 of title 49, United States Code, or any other safety 

23 technology or practice that would achieve an equivalent 

24 or greater level of safety in providing additional signal pro25 tection. 


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1 SEC. 407. TECHNOLOGY IMPLEMENTATION PLANS. 

2 Section 20156(e) is amended— 

3 (1) in paragraph (4)— 

4 (A) in subparagraph (A), by striking 

5 ‘‘and’’ at the end; and 

6 (B) in subparagraph (B), by striking the 

7 period at the end and inserting ‘‘; and’’; and 

8 (2) by adding at the end the following: 

9 ‘‘(C) each railroad carrier required to sub10 mit such a plan, until the implementation of a 

11 positive train control system by the railroad 

12 carrier, shall analyze and, as appropriate, 

13 prioritize technologies and practices to mitigate 

14 the risk of overspeed derailments.’’. 

15 SEC. 408. COMMUTER RAIL TRACK INSPECTIONS. 

16 (a) IN GENERAL.—The Secretary shall evaluate track 

17 inspection regulations to determine if a railroad carrier 

18 providing commuter rail passenger transportation on high 

19 density commuter railroad lines should be required to in20 spect the lines in the same manner as currently required 

21 for other commuter railroad lines. 

22 (b) RULEMAKING.—Considering safety, including 

23 railroad carrier employee and contractor safety, and sys24 tem capacity, the Secretary may promulgate a rule for 

25 high density commuter railroad lines. If, after the evalua26 tion under subsection (a), the Secretary determines that 


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1 it is necessary to promulgate a rule, the Secretary shall 

2 specifically consider the following regulatory requirements 

3 for high density commuter railroad lines: 

4 (1) At least once every 2 weeks— 

5 (A) traverse each main line by vehicle; or 

6 (B) inspect each main line on foot. 

7 (2) At least once each month, traverse and in8 spect each siding by vehicle or by foot. 

9 (c) REPORT.—If, after the evaluation under sub10 section (a), the Secretary determines it is not necessary 

11 to revise the regulations under this section, the Secretary, 

12 not later than 2 years after the date of enactment of this 

13 Act, shall transmit a report to the Committee on Com14 merce, Science, and Transportation of the Senate and the 

15 Committee on Transportation and Infrastructure of the 

16 House of Representatives explaining the reasons for not 

17 revising the regulations. 

18 (d) CONSTRUCTION.—Nothing in this section may be 

19 construed to limit the authority of the Secretary to pro20 mulgate regulations or issue orders under any other law. 

21 SEC. 409. EMERGENCY RESPONSE. 

22 (a) IN GENERAL.—The Secretary, in consultation 

23 with railroad carriers, shall conduct a study to determine 

24 whether limitations or weaknesses exist in the emergency 


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1 response information carried by train crews transporting 

2 hazardous materials. 

3 (b) CONTENTS.—In conducting the study under sub4 section (a), the Secretary shall evaluate the differences be5 tween the emergency response information carried by train 

6 crews transporting hazardous materials and the emer7 gency response guidance provided in the Emergency Re8 sponse Guidebook issued by the Department of Transpor9 tation. 

10 (c) REPORT.—Not later than 1 year after the date 

11 of enactment of this Act, the Secretary shall transmit to 

12 the Committee on Commerce, Science, and Transportation 

13 of the Senate and the Committee on Transportation and 

14 Infrastructure of the House of Representatives a report 

15 of the findings of the study under subsection (a) and any 

16 recommendations for legislative action. 

17 SEC. 410. PRIVATE HIGHWAY-RAIL GRADE CROSSINGS. 

18 (a) IN GENERAL.—The Secretary, in consultation 

19 with railroad carriers, shall conduct a study— 

20 (1) to determine whether limitations or weak21 nesses exist regarding the availability and usefulness 

22 for safety purposes of data on private highway-rail 

23 grade crossings; and 

24 (2) to evaluate existing engineering practices on 

25 private highway-rail grade crossings. 


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1 (b) CONTENTS.—In conducting the study under sub2 section (a), the Secretary shall make recommendations as 

3 necessary to improve— 

4 (1) the utility of the data on private highway5 rail grade crossings; and 

6 (2) the implementation of private highway-rail 

7 crossing safety measures, including signage and 

8 warning systems. 

9 (c) REPORT.—Not later than 1 year after the date 

10 of enactment of this Act, the Secretary shall transmit to 

11 the Committee on Commerce, Science, and Transportation 

12 of the Senate and the Committee on Transportation and 

13 Infrastructure of the House of Representatives a report 

14 of the findings of the study and any recommendations for 

15 further action. 

16 SEC. 411. REPAIR AND REPLACEMENT OF DAMAGED TRACK 

17 INSPECTION EQUIPMENT. 

18 (a) IN GENERAL.—Subchapter I of chapter 201 is 

19 amended by inserting after section 20120 the following: 

20 ‘‘§ 20121. Repair and replacement of damaged track 

21 inspection equipment 

22 ‘‘The Secretary of Transportation may receive and 

23 expend cash, or receive and utilize spare parts and similar 

24 items, from non-United States Government sources to re25 pair damages to or replace United States Government 


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1 owned automated track inspection cars and equipment as 

2 a result of third-party liability for such damages, and any 

3 amounts collected under this section shall be credited di4 rectly to the Railroad Safety and Operations account of 

5 the Federal Railroad Administration, and shall remain 

6 available until expended for the repair, operation, and 

7 maintenance of automated track inspection cars and 

8 equipment in connection with the automated track inspec9 tion program.’’. 

10 (b) CONFORMING AMENDMENT.—The table of con11 tents for subchapter I of chapter 201 is amended by add12 ing after section 21020 the following: 

‘‘20121. Repair and replacement of damaged track inspection equipment.’’. 

13 SEC. 412. RAIL POLICE OFFICERS. 

14 (a) IN GENERAL.—Section 28101 is amended— 

15 (1) by striking ‘‘employed by’’ each place it ap16 pears and inserting ‘‘directly employed by or con17 tracted by’’; 

18 (2) in subsection (b), by inserting ‘‘or agent, as 

19 applicable,’’ after ‘‘an employee’’; and 

20 (3) by adding at the end the following: 

21 ‘‘(c) TRANSFERS.— 

22 ‘‘(1) IN GENERAL.—If a railroad police officer 

23 directly employed by or contracted by a rail carrier 

24 and certified or commissioned as a police officer 

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1 ment or residence from the certifying or commis2 sioning State to another State or jurisdiction, the 

3 railroad police officer, not later than 1 year after the 

4 date of transfer, shall apply to be certified or com5 missioned as a police office under the laws of the 

6 State of new primary employment or residence. 

7 ‘‘(2) INTERIM PERIOD.—During the period be8 ginning on the date of transfer and ending 1 year 

9 after the date of transfer, a railroad police officer di10 rectly employed by or contracted by a rail carrier 

11 and certified or commissioned as a police officer 

12 under the laws of a State may enforce the laws of 

13 the new jurisdiction in which the railroad police offi14 cer resides, to the same extent as provided in sub15 section (a). 

16 ‘‘(d) TRAINING.— 

17 ‘‘(1) IN GENERAL.—A State shall recognize as 

18 meeting that State’s basic police officer certification 

19 or commissioning requirements for qualification as a 

20 rail police officer under this section any individual 

21 who successfully completes a program at a State-rec22 ognized police training academy in another State or 

23 at a Federal law enforcement training center and 

24 who is certified or commissioned as a police officer 

25 by that other State. 


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1 ‘‘(2) RULE OF CONSTRUCTION.—Nothing in 

2 this subsection shall be construed as superseding or 

3 affecting any unique State training requirements re4 lated to criminal law, criminal procedure, motor ve5 hicle code, or State-mandated comparative or annual 

6 in-service training academy or Federal law enforce7 ment training center.’’. 

8 (b) REGULATIONS.—Not later than 1 year after the 

9 date of enactment of this Act, the Secretary shall revise 

10 the regulations in part 207 of title 49, Code of Federal 

11 Regulations (relating to railroad police officers), to permit 

12 a railroad to designate an individual, who is commissioned 

13 in the individual’s State of legal residence or State of pri14 mary employment and directly employed by or contracted 

15 by a railroad to enforce State laws for the protection of 

16 railroad property, personnel, passengers, and cargo, to 

17 serve in the States in which the railroad owns property. 

18 (c) CONFORMING AMENDMENTS.— 

19 (1) AMTRAK RAIL POLICE.—Section 24305(e) is 

20 amended— 

21 (A) by striking ‘‘may employ’’ and insert22 ing ‘‘may directly employ or contract with’’; 

23 (B) by striking ‘‘employed by’’ and insert24 ing ‘‘directly employed by or contracted by’’; 

25 and 


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1 (C) by striking ‘‘employed without’’ and in2 serting ‘‘directly employed or contracted with3 out’’. 

4 (2) SECURE GUN STORAGE OR SAFETY DEVICE; 

5 EXCEPTIONS.—Section 922(z)(2)(B) of title 18 is 

6 amended by striking ‘‘employed by’’ and inserting 

7 ‘‘directly employed by or contracted by’’. 

8 SEC. 413. TECHNICAL AND CONFORMING AMENDMENTS. 

9 (a) ASSISTANCE TO FAMILIES OF PASSENGERS IN10 VOLVED IN RAIL PASSENGER ACCIDENTS.—Section 1139 

11 is amended— 

12 (1) in subsection (a)(1), by striking ‘‘phone 

13 number’’ and inserting ‘‘telephone number’’; 

14 (2) in subsection (a)(2), by striking ‘‘post trau15 ma communication with families’’ and inserting 

16 ‘‘post-trauma communication with families’’; and 

17 (3) in subsection (j), by striking ‘‘railroad pas18 senger accident’’ each place it appears and inserting 

19 ‘‘rail passenger accident’’. 

20 (b) SOLID WASTE RAIL TRANSFER FACILITY LAND21 USE EXEMPTION.—Section 10909 is amended— 

22 (1) in subsection (b), in the matter preceding 

23 paragraph (1), by striking ‘‘Clean Railroad Act of 

24 2008’’ and inserting ‘‘Clean Railroads Act of 2008’’; 

25 and 


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1 (2) in subsection (e), by striking ‘‘Upon the 

2 granting of petition from the State’’ and inserting 

3 ‘‘Upon the granting of a petition from the State’’. 

4 (c) RULEMAKING PROCESS.—Section 20116 is 

5 amended— 

6 (1) by inserting ‘‘(2)’’ before ‘‘the code, rule, 

7 standard, requirement, or practice has been subject 

8 to notice and comment under a rule or order issued 

9 under this part.’’ and indenting accordingly; 

10 (2) by inserting ‘‘(1)’’ before ‘‘unless’’ and in11 denting accordingly; 

12 (3) in paragraph (1), as redesignated, by strik13 ing ‘‘order, or’’ and inserting ‘‘order; or’’; and 

14 (4) in the matter preceding paragraph (1), as 

15 redesignated, by striking ‘‘unless’’ and inserting 

16 ‘‘unless—’’. 

17 (d) ENFORCEMENT REPORT.—Section 20120(a) is 

18 amended— 

19 (1) in the matter preceding paragraph (1), by 

20 striking ‘‘website’’ and inserting ‘‘Web site’’; 

21 (2) in paragraph (1), by striking ‘‘accident and 

22 incidence reporting’’ and inserting ‘‘accident and in23 cident reporting’’; 

24 (3) in paragraph (2)(G), by inserting ‘‘and’’ at 

25 the end; and 


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1 (4) in paragraph (5)(B), by striking ‘‘Adminis2 trative Hearing Officer or Administrative Law 

3 Judge’’ and inserting ‘‘administrative hearing officer 

4 or administrative law judge’’. 

5 (e) RAILROAD SAFETY RISK REDUCTION PRO6 GRAM.—Section 20156 is amended— 

7 (1) in subsection (c), by inserting a comma 

8 after ‘‘In developing its railroad safety risk reduc9 tion program’’; and 

10 (2) in subsection (g)(1)— 

11 (A) by inserting a comma after ‘‘good 

12 faith’’; and 

13 (B) by striking ‘‘non-profit’’ and inserting 

14 ‘‘nonprofit’’. 

15 (f) ROADWAY USER SIGHT DISTANCE AT HIGHWAY16 RAIL GRADE CROSSINGS.—Section 20159 is amended by 

17 striking ‘‘the Secretary’’ and inserting ‘‘the Secretary of 

18 Transportation’’. 

19 (g) NATIONAL CROSSING INVENTORY.—Section 

20 20160 is amended— 

21 (1) in subsection (a)(1), by striking ‘‘concerning 

22 each previously unreported crossing through which it 

23 operates or with respect to the trackage over which 

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1 ates with respect to the trackage over which it oper2 ates’’; and 

3 (2) in subsection (b)(1)(A), by striking ‘‘con4 cerning each crossing through which it operates or 

5 with respect to the trackage over which it operates’’ 

6 and inserting ‘‘concerning each crossing through 

7 which it operates with respect to the trackage over 

8 which it operates’’. 

9 (h) MINIMUM TRAINING STANDARDS AND PLANS.— 

10 Section 20162(a)(3) is amended by striking ‘‘railroad 

11 compliance with Federal standards’’ and inserting ‘‘rail12 road carrier compliance with Federal standards’’. 

13 (i) DEVELOPMENT AND USE OF RAIL SAFETY TECH14 NOLOGY.—Section 20164(a) is amended by striking ‘‘after 

15 enactment of the Railroad Safety Enhancement Act of 

16 2008’’ and inserting ‘‘after the date of enactment of the 

17 Rail Safety Improvement Act of 2008’’. 

18 (j) RAIL SAFETY IMPROVEMENT ACT OF 2008.— 

19 (1) TABLE OF CONTENTS.—Section 1(b) of di20 vision A of the Rail Safety Improvement Act of 2008 

21 (Public Law 110–432; 122 Stat. 4848) is amend22 ed— 

23 (A) in the item relating to section 307, by 

24 striking ‘‘website’’ and inserting ‘‘Web site’’; 


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1 (B) in the item relating to title VI, by 

2 striking ‘‘solid waste facilities’’ and inserting 

3 ‘‘solid waste rail transfer facilities’’; and 

4 (C) in the item relating to section 602, by 

5 striking ‘‘solid waste transfer facilities’’ and in6 serting ‘‘solid waste rail transfer facilities’’. 

7 (2) DEFINITIONS.—Section 2(a)(1) of division 

8 A of the Rail Safety Improvement Act of 2008 (Pub9 lic Law 110–432; 122 Stat. 4849) is amended in the 

10 matter preceding subparagraph (A), by inserting a 

11 comma after ‘‘at grade’’. 

12 (3) RAILROAD SAFETY STRATEGY.—Section 

13 102(a)(6) of title I of division A of the Rail Safety 

14 Improvement Act of 2008 (49 U.S.C. 20101 note) is 

15 amended by striking ‘‘Improving the safety of rail16 road bridges, tunnels, and related infrastructure to 

17 prevent accidents, incidents, injuries, and fatalities 

18 caused by catastrophic failures and other bridge and 

19 tunnel failures.’’ and inserting ‘‘Improving the safety 

20 of railroad bridges, tunnels, and related infrastruc21 ture to prevent accidents, incidents, injuries, and fa22 talities caused by catastrophic and other failures of 

23 such infrastructure.’’. 

24 (4) OPERATION LIFESAVER.—Section 206(a) of 

25 title II of division A of the Rail Safety Improvement 


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1 Act of 2008 (49 U.S.C. 22501 note) is amended by 

2 striking ‘‘Public Service Announcements’’ and in3 serting ‘‘public service announcements’’. 

4 (5) UPDATE OF FEDERAL RAILROAD ADMINIS5 TRATION’S WEB SITE.—Section 307 of title III of di6 vision A of the Rail Safety Improvement Act of 2008 

7 (49 U.S.C. 103 note) is amended— 

8 (A) in the heading by striking ‘‘FEDERAL

9 RAILROAD ADMINISTRATION’S WEBSITE’’ 

10 and inserting ‘‘Federal Railroad Administration 

11 Web site’’; 

12 (B) by striking ‘‘website’’ each place it ap13 pears and inserting ‘‘Web site’’; and 

14 (C) by striking ‘‘website’s’’ and inserting 

15 ‘‘Web site’s’’. 

16 (6) ALCOHOL AND CONTROLLED SUBSTANCE

17 TESTING FOR MAINTENANCE-OF-WAY EMPLOYEES.— 

18 Section 412 of title IV of division A of the Rail 

19 Safety Improvement Act of 2008 (49 U.S.C. 20140 

20 note) is amended by striking ‘‘Secretary of Trans21 portation’’ and inserting ‘‘Secretary’’. 

22 (7) TUNNEL INFORMATION.—Section 414 of 

23 title IV of division A of the Rail Safety Improvement 

24 Act of 2008 (49 U.S.C. 20103 note) is amended— 


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1 (A) by striking ‘‘parts 171.8, 173.115’’ 

2 and inserting ‘‘sections 171.8, 173.115’’; and 

3 (B) by striking ‘‘part 1520.5’’ and insert4 ing ‘‘section 1520.5’’. 

5 (8) SAFETY INSPECTIONS IN MEXICO.—Section 

6 416 of title IV of division A of the Rail Safety Im7 provement Act of 2008 (49 U.S.C. 20107 note) is 

8 amended— 

9 (A) in the matter preceding paragraph (1), 

10 by striking ‘‘Secretary of Transportation’’ and 

11 inserting ‘‘Secretary’’; and 

12 (B) in paragraph (4), by striking ‘‘sub13 section’’ and inserting ‘‘section’’. 

14 (9) HEADING OF TITLE VI.—The heading of 

15 title VI of division A of the Rail Safety Improvement 

16 Act of 2008 (122 Stat. 4900) is amended by strik17 ing ‘‘SOLID WASTE FACILITIES’’ and insert18 ing ‘‘SOLID WASTE RAIL TRANSFER FA19 CILITIES’’. 

20 (10) HEADING OF SECTION 602.—Section 602 

21 of title VI of division A of the Rail Safety Improve22 ment Act of 2008 (122 Stat. 4900) is amended by 

23 striking ‘‘SOLID WASTE TRANSFER FACILITIES’’ 

24 and inserting ‘‘SOLID WASTE RAIL TRANSFER

25 FACILITIES’’. 


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1 Subtitle B—Consolidated Rail In2 frastructure and Safety Im3 provements 

4 SEC. 421. CONSOLIDATED RAIL INFRASTRUCTURE AND 

5 SAFETY IMPROVEMENTS. 

6 (a) IN GENERAL.—Chapter 244, as amended by sec7 tion 302 of this Act, is further amended by adding at the 

8 end the following: 

9 ‘‘§ 24408. Consolidated rail infrastructure and safety 

10 improvements 

11 ‘‘(a) GENERAL AUTHORITY.—The Secretary may 

12 make grants under this section to an eligible recipient to 

13 assist in financing the cost of improving passenger and 

14 freight rail transportation systems in terms of safety, effi15 ciency, or reliability. 

16 ‘‘(b) ELIGIBLE RECIPIENTS.—The following entities 

17 are eligible to receive a grant under this section: 

18 ‘‘(1) A State. 

19 ‘‘(2) A group of States. 

20 ‘‘(3) An Interstate Compact. 

21 ‘‘(4) A public agency or publicly chartered au22 thority established by 1 or more States and having 

23 responsibility for providing intercity rail passenger, 

24 commuter rail passenger, or freight rail transpor25 tation service. 


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1 ‘‘(5) A political subdivision of a State. 

2 ‘‘(6) Amtrak or another rail passenger carrier 

3 that provides intercity rail passenger transportation 

4 (as defined in section 24102) or commuter rail pas5 senger transportation (as defined in section 24102). 

6 ‘‘(7) A Class II railroad or Class III railroad 

7 (as those terms are defined in section 20102). 

8 ‘‘(8) Any rail carrier or rail equipment manu9 facturer in partnership with at least 1 of the entities 

10 described in paragraphs (1) through (5). 

11 ‘‘(9) Any entity established to procure, manage, 

12 or maintain passenger rail equipment under section 

13 305 of the Passenger Rail Investment and Improve14 ment Act of 2008 (49 U.S.C. 24101 note). 

15 ‘‘(10) An organization that is actively involved 

16 in the development of operational and safety-related 

17 standards for rail equipment and operations or the 

18 implementation of safety-related programs. 

19 ‘‘(11) The Transportation Research Board and 

20 any entity with which it contracts in the develop21 ment of rail-related research, including cooperative 

22 research programs. 

23 ‘‘(12) A University transportation center ac24 tively engaged in rail-related research. 


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1 ‘‘(13) A non-profit labor organization rep2 resenting a class or craft of employees of railroad 

3 carriers or railroad carrier contractors. 

4 ‘‘(c) ELIGIBLE PROJECTS.—The following projects 

5 are eligible to receive grants under this section: 

6 ‘‘(1) Deployment of railroad safety technology, 

7 including positive train control and rail integrity in8 spection systems. 

9 ‘‘(2) A capital project as defined in section 

10 24401, except that a project shall not be required to 

11 be in a State rail plan developed under chapter 227. 

12 ‘‘(3) A capital project identified by the Sec13 retary as being necessary to address congestion chal14 lenges affecting rail service. 

15 ‘‘(4) A highway-rail grade crossing improve16 ment, including grade separations, private highway17 rail grade crossing improvements, and safety engi18 neering improvements to reduce risk in quiet zones 

19 or potential quiet zones. 

20 ‘‘(5) A rail line relocation project. 

21 ‘‘(6) A capital project to improve short-line or 

22 regional railroad infrastructure. 

23 ‘‘(7) Paying all or a portion of the credit risk 

24 premium, as determined under section 502(f) of the 

25 Railroad Revitalization and Regulatory Reform Act 


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1 of 1976 (45 U.S.C. 822(f)), and loan charges de2 scribed in section 503(l) of that Act (45 U.S.C. 

3 823(l)) for a project eligible for Federal credit as4 sistance under that Act (45 U.S.C. 801 et seq.). 

5 ‘‘(8) Development of public education, aware6 ness, and targeted law enforcement activities to re7 duce violations of traffic laws at highway-rail grade 

8 crossings and to help prevent and reduce injuries 

9 and fatalities along railroad rights-of-way. 

10 ‘‘(9) The preparation of regional rail and cor11 ridor service development plans and corresponding 

12 environmental analyses. 

13 ‘‘(10) Any project that the Secretary considers 

14 necessary to enhance multimodal connections or fa15 cilitate service integration between rail service and 

16 other modes, including between intercity rail pas17 senger transportation and intercity bus service. 

18 ‘‘(11) The development of rail-related capital, 

19 operations, and safety standards. 

20 ‘‘(12) The implementation and operation of a 

21 safety program or institute designed to improve rail 

22 safety culture and rail safety performance. 

23 ‘‘(13) Any research that the Secretary considers 

24 necessary to advance any particular aspect of rail-re25 lated capital, operations, or safety improvements. 


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1 ‘‘(14) Workforce development activities, coordi2 nated to the extent practicable with the existing 

3 local training programs supported by the Depart4 ment of Transportation, Department of Labor, and 

5 Department of Education. 

6 ‘‘(d) APPLICATION PROCESS.—The Secretary shall 

7 prescribe the form and manner of filing an application 

8 under this section. 

9 ‘‘(e) PROJECT SELECTION CRITERIA.— 

10 ‘‘(1) IN GENERAL.—In selecting a recipient of 

11 a grant for an eligible project, the Secretary shall— 

12 ‘‘(A) give preference to a proposed project 

13 for which the proposed Federal share of total 

14 project costs does not exceed 50 percent; and 

15 ‘‘(B) after factoring in preference to 

16 projects under subparagraph (A), select projects 

17 that will maximize the net benefits of the funds 

18 appropriated for use under this section, consid19 ering the cost-benefit analysis of the proposed 

20 project, including anticipated private and public 

21 benefits relative to the costs of the proposed 

22 project and factoring in the other consider23 ations described in paragraph (2). 

24 ‘‘(2) OTHER CONSIDERATIONS.—The Secretary 

25 shall also consider the following: 


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1 ‘‘(A) The degree to which the proposed 

2 project’s business plan considers potential pri3 vate sector participation in the financing, con4 struction, or operation of the project; 

5 ‘‘(B) The recipient’s past performance in 

6 developing and delivering similar projects, and 

7 previous financial contributions; 

8 ‘‘(C) Whether the recipient has or will have 

9 the legal, financial, and technical capacity to 

10 carry out the proposed project, satisfactory con11 tinuing control over the use of the equipment or 

12 facilities, and the capability and willingness to 

13 maintain the equipment or facilities; 

14 ‘‘(D) If applicable, the consistency of the 

15 proposed project with planning guidance and 

16 documents set forth by the Secretary or re17 quired by law or State rail plans developed 

18 under chapter 227; 

19 ‘‘(E) If applicable, any technical evaluation 

20 ratings that proposed project received under 

21 previous competitive grant programs adminis22 tered by the Secretary; and 

23 ‘‘(F) Such other factors as the Secretary 

24 considers relevant to the successful delivery of 

25 the project. 


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1 ‘‘(3) BENEFITS.—The benefits described in 

2 paragraph (1)(B) may include the effects on system 

3 and service performance, including measures such as 

4 improved safety, competitiveness, reliability, trip or 

5 transit time, resilience, efficiencies from improved 

6 integration with other modes, and ability to meet ex7 isting or anticipated demand. 

8 ‘‘(f) PERFORMANCE MEASURES.—The Secretary 

9 shall establish performance measures for each grant re10 cipient to assess progress in achieving strategic goals and 

11 objectives. The Secretary may require a grant recipient to 

12 periodically report information related to such perform13 ance measures. 

14 ‘‘(g) RURAL AREAS.— 

15 ‘‘(1) IN GENERAL.—Of the amounts appro16 priated under this section, at least 25 percent shall 

17 be available for projects in rural areas. The Sec18 retary shall consider a project to be in a rural area 

19 if all or the majority of the project (determined by 

20 the geographic location or locations where the major21 ity of the project funds will be spent) is located in 

22 a rural area. 

23 ‘‘(2) DEFINITION OF RURAL AREA.—In this 

24 subsection, the term ‘rural area’ means any area not 


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1 in an urbanized area, as defined by the Census Bu2 reau. 

3 ‘‘(h) FEDERAL SHARE OF TOTAL PROJECT COSTS.— 

4 ‘‘(1) TOTAL PROJECT COSTS.—The Secretary 

5 shall estimate the total costs of a project under this 

6 subsection based on the best available information, 

7 including engineering studies, studies of economic 

8 feasibility, environmental analyses, and information 

9 on the expected use of equipment or facilities. 

10 ‘‘(2) FEDERAL SHARE.—The Federal share of 

11 total project costs under this subsection shall not ex12 ceed 80 percent. 

13 ‘‘(3) TREATMENT OF PASSENGER RAIL REV14 ENUE.—If Amtrak or another rail passenger carrier 

15 is an applicant under this section, Amtrak or the 

16 other rail passenger carrier, as applicable, may use 

17 ticket and other revenues generated from its oper18 ations and other sources to satisfy the non-Federal 

19 share requirements. 

20 ‘‘(i) APPLICABILITY.—Except as specifically provided 

21 in this section, the use of any amounts appropriated for 

22 grants under this section shall be subject to the require23 ments of this chapter. 


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1 ‘‘(j) AVAILABILITY.—Amounts appropriated for car2 rying out this section shall remain available until ex3 pended.’’. 

4 (b) CONFORMING AMENDMENT.—The table of con5 tents of chapter 244, as amended by section 302 of this 

6 Act, is amended by adding after the item relating to sec7 tion 24407 the following: 

‘‘24408. Consolidated rail infrastructure and safety improvements.’’. 

8 TITLE V—PROJECT DELIVERY 

9 SEC. 501. SHORT TITLE. 

10 This title may be cited as the ‘‘Track, Railroad, and 

11 Infrastructure Network Act’’. 

12 SEC. 502. PRESERVATION OF PUBLIC LANDS. 

13 (a) HIGHWAYS.—Section 138 of title 23, United 

14 States Code, is amended— 

15 (1) in subsection (b)(2)(A)(i), by inserting ‘‘, 

16 taking into consideration any avoidance, minimiza17 tion, and mitigation or enhancement measures incor18 porated into the program or project’’ after ‘‘historic 

19 site’’; and 

20 (2) by adding at the end the following: 

21 ‘‘(c) RAIL AND TRANSIT.—Improvements to, or the 

22 maintenance, rehabilitation, or operation of, railroad or 

23 rail transit lines or elements of such lines, with the excep24 tion of stations, that are in use or were historically used 

25 for the transportation of goods or passengers, shall not 


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1 be considered a use of an historic site under subsection 

2 (a), regardless of whether the railroad or rail transit line 

3 or element of such line is listed on, or eligible for listing 

4 on, the National Register of Historic Places.’’. 

5 (b) TRANSPORTATION PROJECTS.—Section 303 is 

6 amended— 

7 (1) in subsection (c), by striking ‘‘subsection 

8 (d)’’ and inserting ‘‘subsections (d) and (e)’’; 

9 (2) in subsection (d)(2)(A)(i), by inserting ‘‘, 

10 taking into consideration any avoidance, minimiza11 tion, and mitigation or enhancement measures incor12 porated into the program or project’’ after ‘‘historic 

13 site’’; and 

14 (3) by adding at the end the following: 

15 ‘‘(e) RAIL AND TRANSIT.—Improvements to, or the 

16 maintenance, rehabilitation, or operation of, railroad or 

17 rail transit lines or elements of such lines, with the excep18 tion of stations, that are in use or were historically used 

19 for the transportation of goods or passengers, shall not 

20 be considered a use of an historic site under subsection 

21 (c), regardless of whether the railroad or rail transit line 

22 or element of such line is listed on, or eligible for listing 

23 on, the National Register of Historic Places.’’. 

24 SEC. 503. EFFICIENT ENVIRONMENTAL REVIEWS. 

25 (a) IN GENERAL.—Section 304 is amended— 


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1 (1) in the heading, by striking ‘‘for 

2 multimodal projects’’ and inserting ‘‘and in3 creasing the efficiency of environmental 

4 reviews’’; and 

5 (2) by adding at the end the following: 

6 ‘‘(e) EFFICIENT ENVIRONMENTAL REVIEWS.— 

7 ‘‘(1) IN GENERAL.—The Secretary of Transpor8 tation shall apply the project development proce9 dures, to the greatest extent feasible, described in 

10 section 139 of title 23, United States Code, to any 

11 rail project that requires the approval of the Sec12 retary of Transportation under the National Envi13 ronmental Policy Act of 1969 (42 U.S.C. 4321 et 

14 seq.). 

15 ‘‘(2) REGULATIONS AND PROCEDURES.—The 

16 Secretary of Transportation shall incorporate such 

17 project development procedures into the agency reg18 ulations and procedures pertaining to rail projects. 

19 ‘‘(f) APPLICABILITY OF NEPA DECISIONS.— 

20 ‘‘(1) IN GENERAL.—A Department of Trans21 portation operating administration may apply a cat22 egorical exclusion designated by another Department 

23 of Transportation operating administration under 

24 the National Environmental Policy Act of 1969 (42 

25 U.S.C. 4321 et seq.). 


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1 ‘‘(2) FINDINGS.—A Department of Transpor2 tation operating administration may adopt, in whole 

3 or in part, another Department of Transportation 

4 operating administration’s Record of Decision, Find5 ing of No Significant Impact, and any associated 

6 evaluations, determinations, or findings dem7 onstrating compliance with any law related to envi8 ronmental review or historic preservation.’’. 

9 SEC. 504. ADVANCE ACQUISITION. 

10 (a) IN GENERAL.—Chapter 241 is amended by in11 serting after section 24105 the following— 

12 ‘‘§ 24106. Advance acquisition 

13 ‘‘(a) RAIL CORRIDOR PRESERVATION.—The Sec14 retary may assist a recipient of funding in acquiring right15 of-way and adjacent real property interests before or dur16 ing the completion of the environmental reviews for any 

17 project receiving funding under subtitle V of title 49, 

18 United States Code, that may use such property interests 

19 if the acquisition is otherwise permitted under Federal 

20 law, and the recipient requesting Federal funding for the 

21 acquisition certifies, with the concurrence of the Secretary, 

22 that— 

23 ‘‘(1) the recipient has authority to acquire the 

24 right-of-way or adjacent real property interest; and 


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1 ‘‘(2) the acquisition of the right-of-way or adja2 cent real property interest— 

3 ‘‘(A) is for a transportation or transpor4 tation-related purpose; 

5 ‘‘(B) will not cause significant adverse en6 vironmental impact; 

7 ‘‘(C) will not limit the choice of reasonable 

8 alternatives for the proposed project or other9 wise influence the decision of the Secretary on 

10 any approval required for the proposed project; 

11 ‘‘(D) does not prevent the lead agency for 

12 the review process from making an impartial 

13 decision as to whether to accept an alternative 

14 that is being considered; 

15 ‘‘(E) complies with other applicable Fed16 eral law, including regulations; 

17 ‘‘(F) will be acquired through negotiation 

18 and without the threat of condemnation; and 

19 ‘‘(G) will not result in the elimination or 

20 reduction of benefits or assistance to a dis21 placed person under the Uniform Relocation 

22 Assistance and Real Property Acquisition Poli23 cies Act of 1970 (42 U.S.C. 4601 et seq.) and 

24 title VI of the Civil Rights Act of 1964 (42 

25 U.S.C. 2000d et seq.). 


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1 ‘‘(b) ENVIRONMENTAL REVIEWS.— 

2 ‘‘(1) COMPLETION OF NEPA REVIEW.—Before 

3 authorizing any Federal funding for the acquisition 

4 of a real property interest that is the subject of a 

5 grant or other funding under this subtitle, the Sec6 retary shall complete, if required, the review process 

7 under the National Environmental Policy Act of 

8 1969 (42 U.S.C. 4321 et seq.) with respect to the 

9 acquisition. 

10 ‘‘(2) COMPLETION OF SECTION 106.—An acqui11 sition of a real property interest involving an historic 

12 site shall not occur unless the section 106 process, 

13 if required, under the National Historic Preservation 

14 Act (54 U.S.C. 306108) is complete. 

15 ‘‘(3) TIMING OF ACQUISITIONS.—A real prop16 erty interest acquired under subsection (a) may not 

17 be developed in anticipation of the proposed project 

18 until all required environmental reviews for the 

19 project have been completed.’’. 

20 (b) CONFORMING AMENDMENT.—The table of con21 tents of chapter 241 is amended by inserting after the 

22 item relating to section 24105 the following: 

‘‘24106. Advance acquisition.’’. 

23 SEC. 505. RAILROAD RIGHTS-OF-WAY. 

24 Section 306108 of title 54, United States Code, is 

25 amended— 


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1 (1) by inserting ‘‘(b) OPPORTUNITY TO COM2 MENT.—’’ before ‘‘The head of the Federal agency 

3 shall afford’’ and indenting accordingly; 

4 (2) in the matter before subsection (b), by in5 serting ‘‘(a) IN GENERAL.—’’ before ‘‘The head of 

6 any Federal agency having direct’’ and indenting ac7 cordingly; and 

8 (3) by adding at the end the following: 

9 ‘‘(c) EXEMPTION FOR RAILROAD RIGHTS-OF-WAY.— 

10 ‘‘(1) IN GENERAL.—Not later than 1 year after 

11 the date of enactment of the Track, Railroad, and 

12 Infrastructure Network Act, the Secretary of Trans13 portation shall submit a proposed exemption of rail14 road rights-of-way from the review under this chap15 ter to the Council for its consideration, consistent 

16 with the exemption for interstate highways approved 

17 on March 10, 2005 (70 Fed. Reg. 11,928). 

18 ‘‘(2) FINAL EXEMPTION.—Not later than 180 

19 days after the date that the Secretary submits the 

20 proposed exemption under paragraph (1) to the 

21 Council, the Council shall issue a final exemption of 

22 railroad rights-of-way from review under this chap23 ter, consistent with the exemption for interstate 

24 highways approved on March 10, 2005 (70 Fed. 

25 Reg. 11,928).’’. 


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1 SEC. 506. IMPROVING STATE AND FEDERAL AGENCY EN2 GAGEMENT IN ENVIRONMENTAL REVIEWS. 

3 (a) IN GENERAL.—Chapter 3 is amended by insert4 ing after section 306 the following: 

5 ‘‘§ 307. Improving State and Federal agency engage6 ment in environmental reviews 

7 ‘‘(a) IN GENERAL.—An entity receiving financial as8 sistance from the Secretary of Transportation for 1 or 

9 more projects or for a program of projects, may request 

10 that the Secretary allow the entity to provide funds to any 

11 Federal agency, including the Department of Transpor12 tation, State agency, or Indian tribe (as defined in section 

13 102 of the Federally Recognized Indian Tribe List Act 

14 of 1994 (25 U.S.C. 479a)) participating in the environ15 mental planning and review process for the project, 

16 projects, or program. The funds may be provided only to 

17 support activities that directly and meaningfully con18 tribute to expediting and improving permitting and review 

19 processes, including planning, approval, and consultation 

20 processes for the project, projects, or program. 

21 ‘‘(b) ACTIVITIES ELIGIBLE FOR FUNDING.—Activi22 ties for which funds may be provided under subsection (a) 

23 include transportation planning activities that precede the 

24 initiation of the environmental review process, activities 

25 directly related to the environmental review process, dedi26 cated staffing, training of agency personnel, information 


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1 gathering and mapping, and development of programmatic 

2 agreements. 

3 ‘‘(c) AMOUNTS.—Requests under subsection (a) may 

4 be approved only for the additional amounts that the Sec5 retary determines are necessary for the Federal agencies, 

6 State agencies, or Indian tribes participating in the envi7 ronmental planning and review process to timely conduct 

8 the reviews in an expedited manner. 

9 ‘‘(d) AGREEMENTS.—Prior to providing funds ap10 proved by the Secretary for dedicated staffing at an af11 fected Federal agency under subsections (a) and (b), the 

12 affected Federal agency, State agency or Indian tribe, as 

13 appropriate, and the requesting entity shall enter into an 

14 agreement that establishes a process to identify the 

15 projects or priorities to be addressed by the use of the 

16 funds. 

17 ‘‘(e) RULE OF CONSTRUCTION.—Nothing in this sec18 tion shall be construed to be inconsistent with or to inter19 fere with section 139(j) of title 23.’’. 

20 (b) CONFORMING AMENDMENT.—The table of con21 tents of chapter 3 is amended by inserting after the item 

22 relating to section 306 the following: 

‘‘307. Improving State and Federal agency engagement in environmental reviews.’’. 


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1 SEC. 507. SAVINGS CLAUSE. 

2 Nothing in this title, or any amendment made by this 

3 title, shall be construed as superceding, amending, or 

4 modifying the National Environmental Policy Act of 1969 

5 (42 U.S.C. 4321 et seq.) or affect the responsibility of any 

6 Federal officer to comply with or enforce any such statute. 

7 SEC. 508. TRANSITION. 

8 Nothing in this title, or any amendment made by this 

9 title, shall affect any existing environmental review proc10 ess, program, agreement, or funding arrangement ap11 proved by the Secretary under title 49, United States 

12 Code, as that title was in effect on the day preceding the 

13 date of enactment of this title. 

14 TITLE VI—FINANCING 

15 SEC. 601. SHORT TITLE; REFERENCES. 

16 (a) SHORT TITLE.—This title may be cited as the 

17 ‘‘Railroad Infrastructure Financing Improvement Act’’. 

18 (b) REFERENCES TO THE RAILROAD REVITALIZA19 TION AND REGULATORY REFORM ACT OF 1976.—Except 

20 as otherwise expressly provided, wherever in this title an 

21 amendment or repeal is expressed in terms of an amend22 ment to, or repeal of, a section or other provision, the ref23 erence shall be considered to be made to a section or other 

24 provision of the Railroad Revitalization and Regulatory 

25 Reform Act of 1976, as amended (45 U.S.C. 801 et seq.). 


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1 SEC. 602. DEFINITIONS. 

2 Section 501 (45 U.S.C. 821) is amended— 

3 (1) by redesignating paragraph (8) as para4 graph (10); 

5 (2) by redesignating paragraphs (6) and (7) as 

6 paragraphs (7) and (8), respectively; 

7 (3) by inserting after paragraph (5) the fol8 lowing: 

9 ‘‘(6) The term ‘investment-grade rating’ means 

10 a rating of BBB minus, Baa 3, bbb minus, 

11 BBB(low), or higher assigned by a rating agency.’’; 

12 (4) by inserting after paragraph (8), as redesig13 nated, the following: 

14 ‘‘(9) The term ‘master credit agreement’ means 

15 an agreement to make 1 or more direct loans or loan 

16 guarantees at future dates for a program of related 

17 projects on terms acceptable to the Secretary.’’; and 

18 (5) by adding at the end the following: 

19 ‘‘(11) The term ‘obligor’ means a party that— 

20 ‘‘(A) is primarily liable for payment of the 

21 principal of or interest on a direct loan or loan 

22 guarantee under this section; and 

23 ‘‘(B) may be a corporation, limited liability 

24 company, partnership, joint venture, trust, or 

25 governmental entity, agency, or instrumentality. 


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1 ‘‘(12) The term ‘project obligation’ means a 

2 note, bond, debenture, or other debt obligation 

3 issued by a borrower in connection with the financ4 ing of a project, other than a direct loan or loan 

5 guarantee under this title. 

6 ‘‘(13) The term ‘railroad’ has the meaning 

7 given the term ‘railroad carrier’ in section 20102 of 

8 title 49, United States Code. 

9 ‘‘(14) The term ‘rating agency’ means a credit 

10 rating agency registered with the Securities and Ex11 change Commission as a nationally recognized statis12 tical rating organization (as defined in section 3(a) 

13 of the Securities Exchange Act of 1934 (15 U.S.C. 

14 78c(a))). 

15 ‘‘(15) The term ‘substantial completion’ 

16 means— 

17 ‘‘(A) the opening of a project to passenger 

18 or freight traffic; or 

19 ‘‘(B) a comparable event, as determined by 

20 the Secretary and specified in the direct loan.’’. 

21 SEC. 603. ELIGIBLE APPLICANTS. 

22 Section 502(a) (45 U.S.C. 822(a)) is amended— 

23 (1) in paragraph (5), by striking ‘‘one railroad; 

24 and’’ and inserting ‘‘1 of the entities described in 

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


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1 (2) by amending paragraph (6) to read as fol2 lows: 

3 ‘‘(6) solely for the purpose of constructing a 

4 rail connection between a plant or facility and a rail 

5 carrier, limited option freight shippers that own or 

6 operate a plant or other facility; and’’; and 

7 (3) by adding at the end the following: 

8 ‘‘(7) any obligor, as designated by an entity 

9 otherwise eligible to receive a direct loan or loan 

10 guarantee under this section, including a special 

11 purpose entity receiving user fees or other payments 

12 or revenues from dedicated sources for debt service 

13 and maintenance of the equipment or facilities to be 

14 acquired or improved; and 

15 ‘‘(8) a public-private or private partnership be16 tween at least 1 other entity listed in any of para17 graphs (1) through (7) and a consortium that spe18 cializes in real estate development.’’. 

19 SEC. 604. ELIGIBLE PURPOSES. 

20 Section 502(b)(1) (45 U.S.C. 822(b)(1)) is amend21 ed— 

22 (1) in subparagraph (A), by inserting ‘‘, and 

23 costs related to these activities, including pre-con24 struction costs’’ after ‘‘shops’’; 


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1 (2) in subparagraph (B), by striking ‘‘subpara2 graph (A); or’’ and inserting ‘‘subparagraph (A) or 

3 (C);’’; 

4 (3) in subparagraph (C), by striking the period 

5 at the end and inserting a semicolon; and 

6 (4) by adding at the end the following: 

7 ‘‘(D) reimburse planning and design ex8 penses relating to projects described in subpara9 graph (A) or (C); or 

10 ‘‘(E) finance economic development, in11 cluding commercial and residential development, 

12 and related infrastructure and activities, that— 

13 ‘‘(i) incorporates private investment; 

14 ‘‘(ii) is physically or functionally re15 lated to a passenger rail station or 

16 multimodal station that includes rail serv17 ice; 

18 ‘‘(iii) has a high probability of the ap19 plicant commencing the contracting proc20 ess for construction not later than 90 days 

21 after the date on which the direct loan or 

22 loan guarantee is obligated for the project 

23 under this title; and 

24 ‘‘(iv) has a high probability of reduc25 ing the need for financial assistance under 


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1 any other Federal program for the relevant 

2 passenger rail station or service by increas3 ing ridership, tenant lease payments, or 

4 other activities that generate revenue ex5 ceeding costs.’’. 

6 SEC. 605. PROGRAM ADMINISTRATION. 

7 (a) APPLICATION PROCESSING PROCEDURES.—Sec8 tion 502(i) (45 U.S.C. 822(i)) is amended to read as fol9 lows: 

10 ‘‘(i) APPLICATION PROCESSING PROCEDURES.— 

11 ‘‘(1) APPLICATION STATUS NOTICES.—Not later 

12 than 30 days after the date that the Secretary re13 ceives an application under this section, the Sec14 retary shall provide the applicant written notice as 

15 to whether the application is complete or incomplete. 

16 ‘‘(2) INCOMPLETE APPLICATIONS.—If the Sec17 retary determines that an application is incomplete, 

18 the Secretary shall— 

19 ‘‘(A) provide the applicant with a descrip20 tion of all of the specific information or mate21 rial that is needed to complete the application; 

22 and 

23 ‘‘(B) allow the applicant to resubmit the 

24 information and material described under sub25 paragraph (A) to complete the application. 


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1 ‘‘(3) APPLICATION APPROVALS AND DIS2 APPROVALS.— 

3 ‘‘(A) IN GENERAL.—Not later than 60 

4 days after the date the Secretary notifies an ap5 plicant that an application is complete under 

6 paragraph (1), the Secretary shall provide the 

7 applicant written notice as to whether the Sec8 retary has approved or disapproved the applica9 tion. 

10 ‘‘(B) ACTIONS BY THE OFFICE OF MAN11 AGEMENT AND BUDGET.—In order to enable 

12 compliance with the time limit under subpara13 graph (A), the Office of Management and 

14 Budget shall take any action required with re15 spect to the application within that 60-day pe16 riod. 

17 ‘‘(4) EXPEDITED PROCESSING.—The Secretary 

18 shall implement procedures and measures to econo19 mize the time and cost involved in obtaining an ap20 proval or a disapproval of credit assistance under 

21 this title. 

22 ‘‘(5) DASHBOARD.—The Secretary shall post on 

23 the Department of Transportation’s public Web site 

24 a monthly report that includes for each applica25 tion— 


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1 ‘‘(A) the name of the applicant or appli2 cants; 

3 ‘‘(B) the location of the project; 

4 ‘‘(C) a brief description of the project, in5 cluding its purpose; 

6 ‘‘(D) the requested direct loan or loan 

7 guarantee amount; 

8 ‘‘(E) the date on which the Secretary pro9 vided application status notice under paragraph 

10 (1); and 

11 ‘‘(F) the date that the Secretary provided 

12 notice of approval or disapproval under para13 graph (3).’’. 

14 (b) ADMINISTRATION OF DIRECT LOANS AND LOAN

15 GUARANTEES.—Section 503 (45 U.S.C. 823) is amend16 ed— 

17 (1) in subsection (a), by striking the period at 

18 the end and inserting ‘‘, including a program guide 

19 and standard term sheet and specific timetables.’’; 

20 (2) by redesignating subsections (c) through (l) 

21 as subsections (d) through (m), respectively; 

22 (3) by striking ‘‘(b) ASSIGNMENT OF LOAN

23 GUARANTEES.—’’ and inserting ‘‘(c) ASSIGNMENT

24 OF LOAN GUARANTEES.—’’; 

25 (4) in subsection (d), as redesignated— 


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1 (A) in paragraph (1), by striking ‘‘; and’’ 

2 and inserting a semicolon; 

3 (B) in paragraph (2), by striking the pe4 riod at the end and inserting ‘‘; and’’; and 

5 (C) by adding at the end the following: 

6 ‘‘(3) the modification cost has been covered 

7 under section 502(f).’’; and 

8 (5) by amending subsection (l), as redesignated, 

9 to read as follows: 

10 ‘‘(l) CHARGES AND LOAN SERVICING.— 

11 ‘‘(1) PURPOSES.—The Secretary may collect 

12 and spend from each applicant, obligor, or loan 

13 party a reasonable charge for— 

14 ‘‘(A) the cost of evaluating the application, 

15 amendments, modifications, and waivers, in16 cluding for evaluating project viability, appli17 cant creditworthiness, and the appraisal of the 

18 value of the equipment or facilities for which 

19 the direct loan or loan guarantee is sought, and 

20 for making necessary determinations and find21 ings; 

22 ‘‘(B) the cost of award management and 

23 project management oversight; 

24 ‘‘(C) the cost of services from expert firms, 

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1 visors to assist in the underwriting, auditing, 

2 servicing, and exercise of rights with respect to 

3 direct loans and loan guarantees; and 

4 ‘‘(D) the cost of all other expenses in5 curred as a result of a breach of any term or 

6 condition or any event of default on a direct 

7 loan or loan guarantee. 

8 ‘‘(2) STANDARDS.—The Secretary may charge 

9 different amounts under this subsection based on the 

10 different costs incurred under paragraph (1). 

11 ‘‘(3) SERVICER.— 

12 ‘‘(A) IN GENERAL.—The Secretary may 

13 appoint a financial entity to assist the Secretary 

14 in servicing a direct loan or loan guarantee 

15 under this section. 

16 ‘‘(B) DUTIES.—A servicer appointed under 

17 subparagraph (A) shall act as the agent of the 

18 Secretary in serving a direct loan or loan guar19 antee under this section. 

20 ‘‘(C) FEES.—A servicer appointed under 

21 subparagraph (A) shall receive a servicing fee 

22 from the obligor or other loan party, subject to 

23 approval by the Secretary. 

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1 cant may use grants under chapter 244 of title 49, 

2 United States Code, to pay any charge under this 

3 subsection. 

4 ‘‘(5) SAFETY AND OPERATIONS ACCOUNT.— 

5 Amounts collected under this subsection shall— 

6 ‘‘(A) be credited directly to the Safety and 

7 Operations account of the Federal Railroad Ad8 ministration; and 

9 ‘‘(B) remain available until expended to 

10 pay for the costs described in this subsection.’’. 

11 SEC. 606. LOAN TERMS AND REPAYMENT. 

12 (a) PREREQUISITES FOR ASSISTANCE.—Section 

13 502(g)(1) (45 U.S.C. 822(g)(1)) is amended by striking 

14 ‘‘35 years from the date of its execution’’ and inserting 

15 ‘‘the lesser of 35 years after the date of substantial com16 pletion of the project or the estimated useful life of the 

17 rail equipment or facilities to be acquired, rehabilitated, 

18 improved, developed, or established’’. 

19 (b) REPAYMENT SCHEDULES.—Section 502(j) (45 

20 U.S.C. 822(j)) is amended— 

21 (1) in paragraph (1), by striking ‘‘the sixth an22 niversary date of the original loan disbursement’’ 

23 and inserting ‘‘5 years after the date of substantial 

24 completion’’; and 

25 (2) by adding at the end the following: 


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1 ‘‘(3) DEFERRED PAYMENTS.— 

2 ‘‘(A) IN GENERAL.—If at any time after 

3 the date of substantial completion the project is 

4 unable to generate sufficient revenues to pay 

5 the scheduled loan repayments of principal and 

6 interest on the direct loan, the Secretary, sub7 ject to subparagraph (B), may allow, for a max8 imum aggregate time of 1 year over the dura9 tion of the direct loan, the obligor to add un10 paid principal and interest to the outstanding 

11 balance of the direct loan. 

12 ‘‘(B) INTEREST.—A payment deferred 

13 under subparagraph (A) shall— 

14 ‘‘(i) continue to accrue interest under 

15 paragraph (2) until the loan is fully repaid; 

16 and 

17 ‘‘(ii) be scheduled to be amortized 

18 over the remaining term of the loan. 

19 ‘‘(4) PREPAYMENTS.— 

20 ‘‘(A) USE OF EXCESS REVENUES.—Any 

21 excess revenues that remain after satisfying 

22 scheduled debt service requirements on the 

23 project obligations and direct loan and all de24 posit requirements under the terms of any trust 

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1 ment securing project obligations may be ap2 plied annually to prepay the direct loan without 

3 penalty. 

4 ‘‘(B) USE OF PROCEEDS OF REFI5 NANCING.—The direct loan may be prepaid at 

6 any time without penalty from the proceeds of 

7 refinancing from non-Federal funding 

8 sources.’’. 

9 (c) SALE OF DIRECT LOANS.—Section 502 (45 

10 U.S.C. 822) is amended by adding at the end the fol11 lowing: 

12 ‘‘(k) SALE OF DIRECT LOANS.— 

13 ‘‘(1) IN GENERAL.—Subject to paragraph (2) 

14 and as soon as practicable after substantial comple15 tion of a project, the Secretary, after notifying the 

16 obligor, may sell to another entity or reoffer into the 

17 capital markets a direct loan for the project if the 

18 Secretary determines that the sale or reoffering has 

19 a high probability of being made on favorable terms. 

20 ‘‘(2) CONSENT OF OBLIGOR.—In making a sale 

21 or reoffering under paragraph (1), the Secretary 

22 may not change the original terms and conditions of 

23 the secured loan without the prior written consent of 

24 the obligor’’. 


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1 (d) NONSUBORDINATION.—Section 502 (45 U.S.C. 

2 822), as amended in subsection (c), is further amended 

3 by adding at the end the following: 

4 ‘‘(l) NONSUBORDINATION.— 

5 ‘‘(1) IN GENERAL.—Except as provided in para6 graph (2)(B), a direct loan shall not be subordinated 

7 to the claims of any holder of project obligations in 

8 the event of bankruptcy, insolvency, or liquidation of 

9 the obligor. 

10 ‘‘(2) PREEXISTING INDENTURES.— 

11 ‘‘(A) IN GENERAL.—The Secretary may 

12 waive the requirement under paragraph (1) for 

13 a public agency borrower that is financing on14 going capital programs and has outstanding 

15 senior bonds under a preexisting indenture if— 

16 ‘‘(i) the direct loan is rated in the A 

17 category or higher; 

18 ‘‘(ii) the direct loan is secured and 

19 payable from pledged revenues not affected 

20 by project performance, such as a tax21 based revenue pledge or a system-backed 

22 pledge of project revenues; and 

23 ‘‘(iii) the program share, under this 

24 title, of eligible project costs is 50 percent 

25 or less. 


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1 ‘‘(B) LIMITATION.—The Secretary may 

2 impose limitations for the waiver of the non3 subordination requirement under this para4 graph if the Secretary determines that such 

5 limitations would be in the financial interest of 

6 the Federal Government.’’. 

7 SEC. 607. CREDIT RISK PREMIUMS. 

8 Section 502(f) (45 U.S.C. 822(f)) is amended— 

9 (1) in paragraph (1), by amending the first sen10 tence to read as follows: ‘‘In lieu of or in combina11 tion with appropriations of budget authority to cover 

12 the costs of direct loans and loan guarantees as re13 quired under section 504(b)(1) of the Federal Credit 

14 Reform Act of 1990 (2 U.S.C. 661c(b)(1)), includ15 ing the cost of a modification thereof, the Secretary 

16 may accept on behalf of an applicant for assistance 

17 under this section a commitment from a non-Federal 

18 source, including a State or local government or 

19 agency or public benefit corporation or public au20 thority thereof, to fund in whole or in part credit 

21 risk premiums and modification costs with respect to 

22 the loan that is the subject of the application or 

23 modification.’’; 

24 (2) in paragraph (2)— 


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1 (A) in subparagraph (D), by adding ‘‘and’’ 

2 after the semicolon; 

3 (B) by striking subparagraph (E); and 

4 (C) by redesignating subparagraph (F) as 

5 subparagraph (E); 

6 (3) by striking paragraph (4); 

7 (4) by redesignating paragraph (3) as para8 graph (4); 

9 (5) by inserting after paragraph (2) the fol10 lowing: 

11 ‘‘(3) CREDITWORTHINESS.—An applicant may 

12 propose and the Secretary may accept as a basis for 

13 determining the amount of the credit risk premium 

14 under paragraph (2) any of the following in addition 

15 to the value of any tangible asset: 

16 ‘‘(A) The net present value of a future 

17 stream of State or local subsidy income or other 

18 dedicated revenues/revenue pledges to secure 

19 the direct loan or loan guarantee. 

20 ‘‘(B) Adequate coverage requirements to 

21 ensure repayment, on a non-recourse basis, 

22 from cash flows generated by the project or any 

23 other dedicated revenue source, including— 

24 ‘‘(i) tolls; 

25 ‘‘(ii) user fees; or 


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1 ‘‘(iii) payments owing to the obligor 

2 under a public-private partnership. 

3 ‘‘(C) An investment-grade rating on the di4 rect loan or loan guarantee, as applicable, ex5 cept that if the total amount of the direct loan 

6 or loan guarantee is greater than $75,000,000, 

7 the applicant shall have an investment-grade 

8 rating from at least 2 rating agencies on the di9 rect loan or loan guarantee.’’; 

10 (6) in paragraph (4), as redesignated, by strik11 ing ‘‘amounts’’ and inserting ‘‘amounts (and in the 

12 case of a modification, before the modification is ex13 ecuted), to the extent appropriations are not avail14 able to the Secretary to meet the costs of direct 

15 loans and loan guarantees, including costs of modi16 fications thereof’’; and 

17 (7) by adding at the end the following: 

18 ‘‘(5) USE OF OTHER FEDERAL FUNDS.—Not19 withstanding any other provision of law, an appli20 cant may use grants under chapter 244 of title 49, 

21 United States Code, to pay part or all of a credit 

22 risk premium or modification cost under this sub23 section.’’. 


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1 SEC. 608. MASTER CREDIT AGREEMENTS. 

2 Section 502 (45 U.S.C. 822), as amended by sub3 sections (c) and (d) of section 606 of this Act, is further 

4 amended by adding at the end the following: 

5 ‘‘(m) MASTER CREDIT AGREEMENTS.— 

6 ‘‘(1) IN GENERAL.—Subject to section 502(d) 

7 and paragraph (2) of this subsection, the Secretary 

8 may enter into a master credit agreement that pro9 vides for all of the conditions for the provision of a 

10 direct loan or loan guarantee, as applicable, under 

11 this title and other applicable requirements to be 

12 satisfied prior to the issuance of the direct loan or 

13 loan guarantee. 

14 ‘‘(2) CONDITIONS.—Each master credit agree15 ment shall— 

16 ‘‘(A) establish the maximum amount and 

17 general terms and conditions of each applicable 

18 direct loan or loan guarantee; 

19 ‘‘(B) identify 1 or more dedicated non20 Federal revenue sources that will secure the re21 payment of each applicable direct loan or loan 

22 guarantee; 

23 ‘‘(C) provide for the obligation of funds for 

24 the direct loans or loan guarantees after all re25 quirements have been met for the projects sub26 ject to the master credit agreement; and 


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1 ‘‘(D) provide 1 or more dates, as deter2 mined by the Secretary, before which the mas3 ter credit agreement results in each of the di4 rect loans or loan guarantees or in the release 

5 of the master credit agreement.’’. 

6 SEC. 609. PRIORITIES AND CONDITIONS. 

7 (a) PRIORITY PROJECTS.—Section 502(c) (45 U.S.C. 

8 822(c)) is amended— 

9 (1) in paragraph (1), by inserting ‘‘, including 

10 projects for the installation of a positive train con11 trol system (as defined in section 20157(i) of title 

12 49, United States Code)’’ after ‘‘public safety’’; 

13 (2) by redesignating paragraphs (2) and (3) as 

14 paragraphs (3) and (2), respectively; 

15 (3) in paragraph (5), by inserting ‘‘or chapter 

16 227 of title 49’’ after ‘‘section 135 of title 23’’; 

17 (4) by redesignating paragraphs (6) through 

18 (8) as paragraphs (7) through (9), respectively; and 

19 (5) by inserting after paragraph (5) the fol20 lowing: 

21 ‘‘(6) improve railroad stations and passenger 

22 facilities and increase transit-oriented develop23 ment;’’. 

24 (b) CONDITIONS OF ASSISTANCE.—Section 502(h) 

25 (45 U.S.C. 822(h)) is amended— 


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1 (1) in paragraph (2), by inserting ‘‘, if applica2 ble’’ after ‘‘project’’; and 

3 (2) by adding at the end the following: 

4 ‘‘(4) For a project described in subsection 

5 (b)(1)(E), the Secretary shall require the applicant, 

6 obligor, or other loan party, in addition to the inter7 est required under subsection (e), to provide the 

8 sponsor of the intercity passenger rail service or its 

9 designee, a fee or payment in an amount determined 

10 appropriate by the Secretary to provide an equitable 

11 share of project revenue to support the capital or op12 erating costs of the routes serving the passenger rail 

13 station or multimodal station where the development 

14 is located.’’. 

15 SEC. 610. SAVINGS PROVISION. 

16 (a) IN GENERAL.—Except as provided in subsection 

17 (b), this Act, and the amendments made by this Act, shall 

18 not affect any direct loan (or direct loan obligation) or 

19 an outstanding loan guarantee (or loan guarantee commit20 ment) that was in effect prior to the date of enactment 

21 of this Act. Any such transaction entered into before the 

22 date of enactment of this Act shall be administered until 

23 completion under its terms as if this Act were not enacted. 

24 (b) MODIFICATION COSTS.—At the discretion of the 

25 Secretary, the authority to accept modification costs on 


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1 behalf of an applicant under section 502(f) of the Railroad 

2 Revitalization and Regulatory Reform Act of 1976 (45 

3 U.S.C. 822(f)), as amended by section 607 of this Act, 

4 may apply with respect to any direct loan (or direct loan 

5 obligation) or an outstanding loan guarantee (or loan 

6 guarantee commitment) that was in effect prior to the 

7 date of enactment of this Act. 

8 SECTION 1. SHORT TITLE; TABLE OF CONTENTS; REF9 ERENCES. 

10 (a) SHORT TITLE.—This Act may be cited as the 

11 ‘‘Railroad Reform, Enhancement, and Efficiency Act’’. 

12 (b) TABLE OF CONTENTS.—The table of contents of this 

13 Act is as follows: 

Sec. 1. Short title; table of contents; references. 

Sec. 2. Definition of Secretary. 

Sec. 3. Passenger transportation; definitions. 

TITLE I—AUTHORIZATION OF APPROPRIATIONS 

Sec. 101. Authorization of grants to Amtrak. 

Sec. 102. National infrastructure and safety investments. 

Sec. 103. Authorization of appropriations for National Transportation Safety 

Board rail investigations. 

Sec. 104. Authorization of appropriations for Amtrak Office of Inspector General. 

Sec. 105. National cooperative rail research program. 

TITLE II—AMTRAK REFORM 

Sec. 201. Amtrak grant process. 

Sec. 202. 5-year business line and assets plans. 

Sec. 203. State-supported route committee. 

Sec. 204. Route and service planning decisions. 

Sec. 205. Competition. 

Sec. 206. Rolling stock purchases. 

Sec. 207. Food and beverage policy. 

Sec. 208. Local products and promotional events. 

Sec. 209. Right-of-way leveraging. 

Sec. 210. Station development. 

Sec. 211. Amtrak debt. 

Sec. 212. Amtrak pilot program for passengers transporting domesticated cats 

and dogs. 


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Sec. 213. Amtrak board of directors. 

TITLE III—INTERCITY PASSENGER RAIL POLICY 

Sec. 301. Competitive operating grants. 

Sec. 302. Federal-State partnership for state of good repair. 

Sec. 303. Large capital project requirements. 

Sec. 304. Small business participation study. 

Sec. 305. Gulf coast rail service working group. 

Sec. 306. Integrated passenger rail working group. 

Sec. 307. Shared-use study. 

Sec. 308. Northeast Corridor Commission. 

Sec. 309. Northeast Corridor through-ticketing and procurement efficiencies. 

Sec. 310. Data and analysis. 

Sec. 311. Disaster relief. 

Sec. 312. Performance-based proposals. 

Sec. 313. Amtrak Inspector General. 

Sec. 314. Miscellaneous provisions. 

TITLE IV—RAIL SAFETY 

Subtitle A—Safety Improvement 

Sec. 401. Highway-rail grade crossing safety. 

Sec. 402. Confidential close call reporting system. 

Sec. 403. Speed limit action plans. 

Sec. 404. Signage. 

Sec. 405. Alerters. 

Sec. 406. Signal protection. 

Sec. 407. Technology implementation plans. 

Sec. 408. Commuter rail track inspections. 

Sec. 409. Emergency response. 

Sec. 410. Private highway-rail grade crossings. 

Sec. 411. Repair and replacement of damaged track inspection equipment. 

Sec. 412. Rail police officers. 

Sec. 413. Operation deep dive; report. 

Sec. 414. Post-accident assessment. 

Sec. 415. Technical and conforming amendments. 

Subtitle B—Consolidated Rail Infrastructure and Safety Improvements 

Sec. 421. Consolidated rail infrastructure and safety improvements. 

Subtitle C—Hazardous Materials by Rail 

Sec. 431. Real-time emergency response information. 

Sec. 432. Thermal blankets. 

Sec. 433. Comprehensive oil spill response plans. 

Sec. 434. Hazardous materials by rail liability study. 

Sec. 435. Study and testing of electronically-controlled pneumatic brakes. 

Sec. 436. Recording devices. 

Sec. 437. Rail passenger transportation liability. 

Sec. 438. Modification reporting. 

TITLE V—PROJECT DELIVERY 

Sec. 501. Short title. 

Sec. 502. Preservation of public lands. 


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Sec. 503. Efficient environmental reviews. 

Sec. 504. Advance acquisition. 

Sec. 505. Railroad rights-of-way. 

Sec. 506. Improving State and Federal agency engagement in environmental reviews. 

Sec. 507. Savings clause. 

Sec. 508. Transition. 

TITLE VI—FINANCING 

Sec. 601. Short title; references. 

Sec. 602. Definitions. 

Sec. 603. Eligible applicants. 

Sec. 604. Eligible purposes. 

Sec. 605. Program administration. 

Sec. 606. Loan terms and repayment. 

Sec. 607. Credit risk premiums. 

Sec. 608. Master credit agreements. 

Sec. 609. Priorities and conditions. 

Sec. 610. Savings provision. 

1 (c) REFERENCES TO TITLE 49, UNITED STATES

2 CODE.—Except as otherwise expressly provided, wherever 

3 in this Act an amendment or repeal is expressed in terms 

4 of an amendment to, or repeal of, a section or other provi5 sion, the reference shall be considered to be made to a section 

6 or other provision of title 49, United States Code. 

7 SEC. 2. DEFINITION OF SECRETARY. 

8 In this Act, except as otherwise expressly provided, the 

9 term ‘‘Secretary’’ means the Secretary of Transportation. 

10 SEC. 3. PASSENGER TRANSPORTATION; DEFINITIONS. 

11 Section 24102 is amended— 

12 (1) by redesignating paragraphs (5) through (9) 

13 as paragraphs (6) through (10), respectively; 

14 (2) by inserting after paragraph (4), the fol15 lowing: 


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1 ‘‘(5) ‘long-distance route’ means a route de2 scribed in paragraph (6)(C).’’; 

3 (3) by amending paragraph (6)(A), as redesig4 nated, to read as follows: 

5 ‘‘(A) the Northeast Corridor main line be6 tween Boston, Massachusetts and the Virginia 

7 Avenue interlocking in the District of Columbia, 

8 and the facilities and services used to operate 

9 and maintain that line;’’; 

10 (4) in paragraph (7), as redesignated, by strik11 ing the period at the end and inserting ‘‘, except that 

12 the term ‘Northeast Corridor’ for the purposes of 

13 chapter 243 means the main line between Boston, 

14 Massachusetts and the Virginia Avenue interlocking 

15 in the District of Columbia, and the facilities and 

16 services used to operate and maintain that line.’’; and 

17 (5) by adding at the end the following: 

18 ‘‘(11) ‘state-of-good-repair’ means a condition in 

19 which physical assets, both individually and as a sys20 tem, are— 

21 ‘‘(A) performing at a level at least equal to 

22 that called for in their as-built or as-modified 

23 design specification during any period when the 

24 life cycle cost of maintaining the assets is lower 

25 than the cost of replacing them; and 


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1 ‘‘(B) sustained through regular mainte2 nance and replacement programs. 

3 ‘‘(12) ‘State-supported route’ means a route de4 scribed in paragraph (6)(B) or paragraph (6)(D), or 

5 in section 24702(a).’’. 

6 TITLE I—AUTHORIZATION OF 

7 APPROPRIATIONS 

8 SEC. 101. AUTHORIZATION OF GRANTS TO AMTRAK. 

9 (a) IN GENERAL.—There are authorized to be appro10 priated to the Secretary for the use of Amtrak for deposit 

11 into the accounts established under section 24319(a) of title 

12 49, United States Code, the following amounts: 

13 (1) For fiscal year 2016, $1,450,000,000. 

14 (2) For fiscal year 2017, $1,550,000,000. 

15 (3) For fiscal year 2018, $1,700,000,000. 

16 (4) For fiscal year 2019, $1,900,000,000. 

17 (b) PROJECT MANAGEMENT OVERSIGHT.—The Sec18 retary may withhold up to one half of 1 percent of the 

19 amount appropriated under subsection (a) for the costs of 

20 management oversight of Amtrak. 

21 (c) COMPETITION.—In administering grants to Am22 trak under section 24318 of title 49, United States Code, 

23 the Secretary may withhold, from amounts that would oth24 erwise be made available to Amtrak, such sums as are nec25 essary from the amount appropriated under subsection (a) 


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1 of this section to cover the operating subsidy described in 

2 section 24711(b)(1)(E)(ii) of title 49, United States Code. 

3 (d) STATE-SUPPORTED ROUTE COMMITTEE.—The 

4 Secretary may withhold up to $2,000,000 from the amount 

5 appropriated in each fiscal year under subsection (a) of this 

6 section for the use of the State-Supported Route Committee 

7 established under section 24712 of title 49, United States 

8 Code. 

9 (e) NORTHEAST CORRIDOR COMMISSION.—The Sec10 retary may withhold up to $5,000,000 from the amount ap11 propriated in each fiscal year under subsection (a) of this 

12 section for the use of the Northeast Corridor Commission 

13 established under section 24905 of title 49, United States 

14 Code. 

15 SEC. 102. NATIONAL INFRASTRUCTURE AND SAFETY IN16 VESTMENTS. 

17 (a) IN GENERAL.—There are authorized to be appro18 priated to the Secretary for grants under chapter 244 of 

19 title 49, United States Code, the following amounts: 

20 (1) For fiscal year 2016, $350,000,000. 

21 (2) For fiscal year 2017, $430,000,000. 

22 (3) For fiscal year 2018, $600,000,000. 

23 (4) For fiscal year 2019, $900,000,000. 

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1 propriated under subsection (a) of this section for the costs 

2 of project management oversight of grants carried out under 

3 chapter 244 of title 49, United States Code. 

4 SEC. 103. AUTHORIZATION OF APPROPRIATIONS FOR NA5 TIONAL TRANSPORTATION SAFETY BOARD 

6 RAIL INVESTIGATIONS. 

7 (a) IN GENERAL.—Notwithstanding any other provi8 sion of law, there are authorized to be appropriated to the 

9 National Transportation Safety Board to carry out rail10 road accident investigations under section 1131(a)(1)(C) of 

11 title 49, United States Code, the following amounts: 

12 (1) For fiscal year 2016, $6,300,000. 

13 (2) For fiscal year 2017, $6,400,000. 

14 (3) For fiscal year 2018, $6,500,000. 

15 (4) For fiscal year 2019, $6,600,000. 

16 (b) INVESTIGATION PERSONNEL.—Amounts appro17 priated under subsection (a) of this section shall be avail18 able to the National Transportation Safety Board for per19 sonnel, in regional offices and in Washington, DC, whose 

20 duties involve railroad accident investigations. 

21 SEC. 104. AUTHORIZATION OF APPROPRIATIONS FOR AM22 TRAK OFFICE OF INSPECTOR GENERAL. 

23 There are authorized to be appropriated to the Office 

24 of Inspector General of Amtrak the following amounts: 

25 (1) For fiscal year 2016, $20,000,000. 


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1 (2) For fiscal year 2017, $20,500,000. 

2 (3) For fiscal year 2018, $21,000,000. 

3 (4) For fiscal year 2019, $21,500,000. 

4 SEC. 105. NATIONAL COOPERATIVE RAIL RESEARCH PRO5 GRAM. 

6 (a) IN GENERAL.—Section 24910 is amended— 

7 (1) in subsection (b)— 

8 (A) in paragraph (12), by striking ‘‘and’’; 

9 (B) in paragraph (13), by striking the pe10 riod at the end and inserting ‘‘; and’’; and 

11 (C) by adding at the end the following: 

12 ‘‘(14) to improve the overall safety of intercity 

13 passenger and freight rail operations.’’; and 

14 (2) by amending subsection (e) to read as fol15 lows: 

16 ‘‘(e) ALLOCATION.—At least $5,000,000 of the amounts 

17 appropriated to the Secretary for a fiscal year to carry out 

18 railroad research and development programs shall be avail19 able to carry out this section.’’. 

20 TITLE II—AMTRAK REFORM 

21 SEC. 201. AMTRAK GRANT PROCESS. 

22 (a) REQUIREMENTS AND PROCEDURES.—Chapter 243 

23 is amended by adding at the end the following: 


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1 ‘‘§ 24317. Costs and revenues 

2 ‘‘(a) ALLOCATION.—Not later than 180 days after the 

3 date of enactment of the Railroad Reform, Enhancement, 

4 and Efficiency Act, Amtrak shall establish and maintain 

5 internal controls to ensure Amtrak’s costs, revenues, and 

6 other compensation are appropriately and proportionally 

7 allocated to its Northeast Corridor train services or infra8 structure, its State-supported routes, its long-distance 

9 routes, and its other national network activities. 

10 ‘‘(b) RULE OF CONSTRUCTION.—Nothing in this sec11 tion shall be construed to limit the ability of Amtrak to 

12 enter into an agreement with 1 or more States to allocate 

13 operating and capital costs under section 209 of the Pas14 senger Rail Investment and Improvement Act of 2008 (49 

15 U.S.C. 24101 note). 

16 ‘‘§ 24318. Grant process 

17 ‘‘(a) PROCEDURES FOR GRANT REQUESTS.—Not later 

18 than 90 days after the date of enactment of the Railroad 

19 Reform, Enhancement, and Efficiency Act, the Secretary of 

20 Transportation shall establish and transmit to the Com21 mittee on Commerce, Science, and Transportation and the 

22 Committee on Appropriations of the Senate and the Com23 mittee on Transportation and Infrastructure and the Com24 mittee on Appropriations of the House of Representatives 

25 substantive and procedural requirements, including sched26 ules, for grant requests under this section. 


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1 ‘‘(b) GRANT REQUESTS.—Amtrak shall transmit grant 

2 requests for Federal funds appropriated to the Secretary of 

3 Transportation for the use of Amtrak to— 

4 ‘‘(1) the Secretary; and 

5 ‘‘(2) the Committee on Commerce, Science, and 

6 Transportation, the Committee on Appropriations, 

7 and the Committee on the Budget of the Senate and 

8 the Committee on Transportation and Infrastructure, 

9 the Committee on Appropriations, and the Committee 

10 on the Budget of the House of Representatives. 

11 ‘‘(c) CONTENTS.—A grant request under subsection (b) 

12 shall— 

13 ‘‘(1) describe projected operating and capital 

14 costs for the upcoming fiscal year for Northeast Cor15 ridor train services and infrastructure, Amtrak’s 

16 State-supported routes, and Amtrak’s long-distance 

17 routes, and Amtrak’s other national network activi18 ties, as applicable, in comparison to prior fiscal year 

19 actual financial performance; 

20 ‘‘(2) describe the capital projects to be funded, 

21 with cost estimates and an estimated timetable for 

22 completion of the projects covered by the request; 

23 ‘‘(3) assess Amtrak’s financial condition; 


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1 ‘‘(4) be displayed on Amtrak’s Web site within a 

2 reasonable timeframe following its transmission under 

3 subsection (b); and 

4 ‘‘(5) describe how the funding requested in a 

5 grant will be allocated to the accounts established 

6 under section 24319(a), considering the projected op7 erating losses or capital costs for services and activi8 ties associated with such accounts over the time pe9 riod intended to be covered by the grants. 

10 ‘‘(d) REVIEW AND APPROVAL.— 

11 ‘‘(1) THIRTY-DAY APPROVAL PROCESS.— 

12 ‘‘(A) IN GENERAL.—Not later than 30 days 

13 after the date that Amtrak submits a grant re14 quest under this section, the Secretary of Trans15 portation shall complete a review of the request 

16 and provide notice to Amtrak that— 

17 ‘‘(i) the request is approved; or 

18 ‘‘(ii) the request is disapproved, in19 cluding the reason for the disapproval and 

20 an explanation of any incomplete or defi21 cient items. 

22 ‘‘(B) GRANT AGREEMENT.—If a grant re23 quest is approved, the Secretary shall enter into 

24 a grant agreement with Amtrak that allocates 


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1 the grant funding to 1 of the 4 accounts estab2 lished under section 24319(a). 

3 ‘‘(2) FIFTEEN-DAY MODIFICATION PERIOD.—Not 

4 later than 15 days after the date of the notice under 

5 paragraph (1)(A)(ii), Amtrak shall submit a modified 

6 request for the Secretary’s review. 

7 ‘‘(3) MODIFIED REQUESTS.—Not later than 15 

8 days after the date that Amtrak submits a modified 

9 request under paragraph (2), the Secretary shall ei10 ther approve the modified request, or, if the Secretary 

11 finds that the request is still incomplete or deficient, 

12 the Secretary shall identify in writing to the Com13 mittee on Commerce, Science, and Transportation, 

14 the Committee on Appropriations, and the Committee 

15 on the Budget of the Senate and the Committee on 

16 Transportation and Infrastructure, the Committee on 

17 Appropriations, and the Committee on the Budget of 

18 the House of Representatives the remaining defi19 ciencies and recommend a process for resolving the 

20 outstanding portions of the request. 

21 ‘‘(e) PAYMENTS TO AMTRAK.— 

22 ‘‘(1) IN GENERAL.—A grant agreement entered 

23 into under subsection (d) shall specify the operations, 

24 services, and other activities to be funded by the 

25 grant. The grant agreement shall include provisions, 


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1 consistent with the requirements of this chapter, to 

2 measure Amtrak’s performance and ensure account3 ability in delivering the operations, services, or ac4 tivities to be funded by the grant. 

5 ‘‘(2) SCHEDULE.—Except as provided in para6 graph (3), in each fiscal year for which amounts are 

7 appropriated to the Secretary for the use of Amtrak, 

8 and for which the Secretary and Amtrak have entered 

9 into a grant agreement under subsection (d), the Sec10 retary shall disburse grant funds to Amtrak on the 

11 following schedule: 

12 ‘‘(A) 50 percent on October 1. 

13 ‘‘(B) 25 percent on January 1. 

14 ‘‘(C) 25 percent on April 1. 

15 ‘‘(3) EXCEPTIONS.—The Secretary may make a 

16 payment to Amtrak of appropriated funds— 

17 ‘‘(A) more frequently than the schedule 

18 under paragraph (2) if Amtrak, for good cause, 

19 requests more frequent payment before the end of 

20 a payment period; or 

21 ‘‘(B) with a different frequency or in dif22 ferent percentage allocations in the event of a 

23 continuing resolution or in the absence of an ap24 propriations Act for the duration of a fiscal 

25 year. 


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1 ‘‘(f) AVAILABILITY OF AMOUNTS AND EARLY APPRO2 PRIATIONS.—Amounts appropriated to the Secretary for the 

3 use of Amtrak shall remain available until expended. 

4 Amounts for capital acquisitions and improvements may 

5 be appropriated for a fiscal year before the fiscal year in 

6 which the amounts will be obligated. 

7 ‘‘(g) LIMITATIONS ON USE.—Amounts appropriated to 

8 the Secretary for the use of Amtrak may not be used to 

9 cross-subsidize operating losses or capital costs of commuter 

10 rail passenger or freight rail transportation. 

11 ‘‘§ 24319. Accounts 

12 ‘‘(a) ESTABLISHMENT OF ACCOUNTS.—Beginning not 

13 later than October 1, 2016, Amtrak, in consultation with 

14 the Secretary of Transportation, shall define and estab15 lish— 

16 ‘‘(1) a Northeast Corridor investment account, 

17 including subaccounts for Amtrak train services and 

18 infrastructure; 

19 ‘‘(2) a State-supported account; 

20 ‘‘(3) a long-distance account; and 

21 ‘‘(4) an other national network activities ac22 count. 

23 ‘‘(b) NORTHEAST CORRIDOR INVESTMENT ACCOUNT.— 


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1 ‘‘(1) DEPOSITS.—Amtrak shall deposit in the 

2 Northeast Corridor investment account established 

3 under subsection (a)(1)— 

4 ‘‘(A) a portion of the grant funds appro5 priated under the authorization in section 

6 101(a) of the Railroad Reform, Enhancement, 

7 and Efficiency Act, or any subsequent Act ap8 propriating funds for the use of Amtrak, as spec9 ified in a grant agreement entered into under 

10 section 24318; 

11 ‘‘(B) any compensation received from com12 muter rail passenger transportation providers 

13 for such providers’ share of capital costs on the 

14 Northeast Corridor provided to Amtrak under 

15 section 24905(c); 

16 ‘‘(C) any operating surplus of the Northeast 

17 Corridor train services or infrastructure, as allo18 cated under section 24317; and 

19 ‘‘(D) any other net revenue received in asso20 ciation with the Northeast Corridor, including 

21 freight access fees, electric propulsion, and com22 mercial development. 

23 ‘‘(2) USE OF NORTHEAST CORRIDOR INVESTMENT

24 ACCOUNT.—Except as provided in subsection (f), 

25 amounts deposited in the Northeast Corridor investVerDate Sep 11 2014 22:39 May 16, 2016 Jkt 059200 PO 00000 Frm 00220 Fmt 6652 Sfmt 6203 E:\BILLS\S1626.RS S1626

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1 ment account shall be made available for the use of 

2 Amtrak for its share of— 

3 ‘‘(A) capital projects described in section 

4 24904(a)(2)(E)(i), and developed under the plan5 ning process established under that section, to 

6 bring Northeast Corridor infrastructure to a 

7 state-of-good-repair; 

8 ‘‘(B) capital projects described in clauses 

9 (ii) and (iv) of section 24904(a)(2)(E) that are 

10 developed under the planning process established 

11 under that section intended to increase corridor 

12 capacity, improve service reliability, and reduce 

13 travel time on the Northeast Corridor; 

14 ‘‘(C) capital projects to improve safety and 

15 security; 

16 ‘‘(D) capital projects to improve customer 

17 service and amenities; 

18 ‘‘(E) acquiring, rehabilitating, manufac19 turing, remanufacturing, overhauling, or im20 proving equipment and associated facilities used 

21 for intercity rail passenger transportation by 

22 Northeast Corridor train services; 

23 ‘‘(F) retirement of principal and payment 

24 of interest on loans for capital projects described 


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1 in this paragraph or for capital leases for equip2 ment and related to the Northeast Corridor; 

3 ‘‘(G) participation in public-private part4 nerships, joint ventures, and other mechanisms 

5 or arrangements that result in the completion of 

6 capital projects described in this paragraph; and 

7 ‘‘(H) indirect, common, corporate, or other 

8 costs directly incurred by or allocated to the 

9 Northeast Corridor. 

10 ‘‘(c) STATE-SUPPORTED ACCOUNT.— 

11 ‘‘(1) DEPOSITS.—Amtrak shall deposit in the 

12 State-supported account established under subsection 

13 (a)(2)— 

14 ‘‘(A) a portion of the grant funds appro15 priated under the authorization in section 

16 101(a) of the Railroad Reform, Enhancement, 

17 and Efficiency Act, or any subsequent Act ap18 propriating funds for the use of Amtrak, as spec19 ified in a grant agreement entered into under 

20 section 24318; 

21 ‘‘(B) any compensation received from States 

22 provided to Amtrak under section 209 of the 

23 Passenger Rail Investment and Improvement Act 

24 of 2008 (42 U.S.C. 24101 note); and 


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1 ‘‘(C) any operating surplus from its State2 supported routes, as allocated under section 

3 24317. 

4 ‘‘(2) USE OF STATE-SUPPORTED ACCOUNT.—Ex5 cept as provided in subsection (f), amounts deposited 

6 in the State-supported account shall be made avail7 able for the use of Amtrak for capital expenses and 

8 operating costs, including indirect, common, cor9 porate, or other costs directly incurred by or allocated 

10 to State-supported routes, of its State-supported 

11 routes and retirement of principal and payment of 

12 interest on loans or capital leases attributable to its 

13 State-supported routes. 

14 ‘‘(d) LONG-DISTANCE ACCOUNT.— 

15 ‘‘(1) DEPOSITS.—Amtrak shall deposit in the 

16 long-distance account established under subsection 

17 (a)(3)— 

18 ‘‘(A) a portion of the grant funds appro19 priated under the authorization in section 

20 101(a) of the Railroad Reform, Enhancement, 

21 and Efficiency Act, or any subsequent Act ap22 propriating funds for the use of Amtrak, as spec23 ified in a grant agreement entered into under 

24 section 24318; 


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1 ‘‘(B) any compensation received from States 

2 provided to Amtrak for costs associated with its 

3 long-distance routes; and 

4 ‘‘(C) any operating surplus from its long5 distance routes, as allocated under section 24317. 

6 ‘‘(2) USE OF LONG-DISTANCE ACCOUNT.—Except 

7 as provided in subsection (f), amounts deposited in 

8 the long-distance account shall be made available for 

9 the use of Amtrak for capital expenses and operating 

10 costs, including indirect, common, corporate, or other 

11 costs directly incurred by or allocated to long-distance 

12 routes, of its long-distance routes and retirement of 

13 principal and payment of interest on loans or capital 

14 leases attributable to the long-distance routes. 

15 ‘‘(e) OTHER NATIONAL NETWORK ACTIVITIES AC16 COUNT.— 

17 ‘‘(1) DEPOSITS.—Amtrak shall deposit in the 

18 other national network activities account established 

19 under subsection (a)(4)— 

20 ‘‘(A) a portion of the grant funds appro21 priated under the authorization in section 

22 101(a) of the Railroad Reform, Enhancement, 

23 and Efficiency Act, or any subsequent Act ap24 propriating funds for the use of Amtrak, as specVerDate Sep 11 2014 22:39 May 16, 2016 Jkt 059200 PO 00000 Frm 00224 Fmt 6652 Sfmt 6203 E:\BILLS\S1626.RS S1626

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1 ified in a grant agreement entered into under 

2 section 24318; 

3 ‘‘(B) any compensation received from States 

4 provided to Amtrak for costs associated with its 

5 other national network activities; and 

6 ‘‘(C) any operating surplus from its other 

7 national network activities. 

8 ‘‘(2) USE OF OTHER NATIONAL NETWORK ACTIVI9 TIES ACCOUNT.—Except as provided in subsection (f), 

10 amounts deposited into the other national network ac11 tivities account shall be made available for the use of 

12 Amtrak for capital and operating costs not allocated 

13 to the Northeast Corridor investment account, State14 supported account, or long-distance account, and re15 tirement of principal and payment of interest on 

16 loans or capital leases attributable to other national 

17 network activities. 

18 ‘‘(f) TRANSFER AUTHORITY.— 

19 ‘‘(1) AUTHORITY.—Amtrak may transfer any 

20 funds appropriated under the authorization in section 

21 101(a) of the Railroad Reform, Enhancement, and 

22 Efficiency Act, or any subsequent Act appropriating 

23 funds for the use of Amtrak for deposit into the ac24 counts described in that section, or any surplus gen25 erated by operations, between the Northeast Corridor, 


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1 State-supported, long-distance, and other national 

2 network activities accounts— 

3 ‘‘(A) upon the expiration of 10 days after 

4 the date that Amtrak notifies the Amtrak Board 

5 of Directors, including the Secretary, of the 

6 planned transfer; and 

7 ‘‘(B) with the approval of the Secretary. 

8 ‘‘(2) REPORT.—Not later than 5 days after the 

9 date that Amtrak notifies the Amtrak Board of Direc10 tors of a planned transfer under paragraph (1), Am11 trak shall transmit to the Committee on Commerce, 

12 Science, and Transportation and the Committee on 

13 Appropriations of the Senate and the Committee on 

14 Transportation and Infrastructure and the Committee 

15 on Appropriations of the House of Representatives a 

16 report that includes— 

17 ‘‘(A) the amount of the transfer; and 

18 ‘‘(B) a detailed explanation of the reason 

19 for the transfer, including— 

20 ‘‘(i) the effects on Amtrak services 

21 funded by the account from which the trans22 fer is drawn, in comparison to a scenario 

23 in which no transfer was made; and 

24 ‘‘(ii) the effects on Amtrak services 

25 funded by the account receiving the transfer, 


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1 in comparison to a scenario in which no 

2 transfer was made. 

3 ‘‘(3) NOTIFICATIONS.— 

4 ‘‘(A) STATE-SUPPORTED ACCOUNT.—Not 

5 later than 5 days after the date that Amtrak no6 tifies the Amtrak Board of Directors of a 

7 planned transfer under paragraph (1) of funds 

8 to or from the State-supported account, Amtrak 

9 shall transmit to each State that sponsors a 

10 State-supported route a letter that includes the 

11 information described under subparagraphs (A) 

12 and (B) of paragraph (2). 

13 ‘‘(B) NORTHEAST CORRIDOR ACCOUNT.— 

14 Not later than 5 days after the date that Amtrak 

15 notifies the Amtrak Board of Directors of a 

16 planned transfer under paragraph (1) of funds 

17 to or from the Northeast Corridor account, Am18 trak shall transmit to the Northeast Corridor 

19 Commission a letter that includes the informa20 tion described under subparagraphs (A) and (B) 

21 of paragraph (2). 

22 ‘‘(g) ENFORCEMENT.—The Secretary shall enforce the 

23 provisions of each grant agreement under section 24318(d), 

24 including any deposit into an account under this section. 

25 ‘‘(h) LETTERS OF INTENT.— 


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1 ‘‘(1) REQUIREMENT.—The Secretary may issue a 

2 letter of intent to Amtrak announcing an intention to 

3 obligate, for a major capital project described in 

4 clauses (ii) and (iv) of section 24904(a)(2)(E), an 

5 amount from future available budget authority speci6 fied in law that is not more than the amount stipu7 lated as the financial participation of the Secretary 

8 in the project. 

9 ‘‘(2) NOTICE TO CONGRESS.—At least 30 days 

10 before issuing a letter under paragraph (1), the Sec11 retary shall notify in writing the Committee on Com12 merce, Science, and Transportation and the Com13 mittee on Appropriations of the Senate and the Com14 mittee on Transportation and Infrastructure and the 

15 Committee on Appropriations of the House of Rep16 resentatives of the proposed letter. The Secretary shall 

17 include with the notice a copy of the proposed letter, 

18 the criteria used for selecting the project for a grant 

19 award, and a description of how the project meets the 

20 criteria under this section. 

21 ‘‘(3) CONTINGENT NATURE OF OBLIGATION OR

22 COMMITMENT.—An obligation or administrative com23 mitment may be made only when amounts are appro24 priated. The letter of intent shall state that the con25 tingent commitment is not an obligation of the FedVerDate Sep 11 2014 22:39 May 16, 2016 Jkt 059200 PO 00000 Frm 00228 Fmt 6652 Sfmt 6203 E:\BILLS\S1626.RS S1626

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1 eral Government, and is subject to the availability of 

2 appropriations under Federal law and to Federal 

3 laws in force or enacted after the date of the contin4 gent commitment.’’. 

5 (b) CONFORMING AMENDMENTS.—The table of contents 

6 for chapter 243 is amended by adding at the end the fol7 lowing: 

‘‘24317. Costs and revenues. 

‘‘24318. Grant process. 

‘‘24319. Accounts.’’. 

8 (c) REPEALS.— 

9 (1) ESTABLISHMENT OF GRANT PROCESS.—Sec10 tion 206 of the Passenger Rail Investment and Im11 provement Act of 2008 (49 U.S.C. 24101 note) and 

12 the item relating to that section in the table of con13 tents of that Act are repealed. 

14 (2) AUTHORIZATION OF APPROPRIATIONS.—Sec15 tion 24104 and the item relating to that section in 

16 the table of contents of chapter 241 are repealed. 

17 SEC. 202. 5-YEAR BUSINESS LINE AND ASSETS PLANS. 

18 (a) AMTRAK 5-YEAR BUSINESS LINE AND ASSET

19 PLANS.—Chapter 243, as amended by section 201 of this 

20 Act, is further amended by inserting after section 24319 the 

21 following: 

22 ‘‘§ 24320. Amtrak 5-year business line and asset plans 

23 ‘‘(a) IN GENERAL.— 


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1 ‘‘(1) FINAL PLANS.—Not later than February 15 

2 of each year, Amtrak shall submit to Congress and the 

3 Secretary final 5-year business line plans and 5-year 

4 asset plans prepared in accordance with this section. 

5 These final plans shall form the basis for Amtrak’s 

6 general and legislative annual report to the President 

7 and Congress required by section 24315(b). 

8 ‘‘(2) FISCAL CONSTRAINT.—Each plan prepared 

9 under this section shall be based on funding levels au10 thorized or otherwise available to Amtrak in a fiscal 

11 year. In the absence of an authorization or appro12 priation of funds for a fiscal year, the plans shall be 

13 based on the amount of funding available in the pre14 vious fiscal year, plus inflation. Amtrak may include 

15 an appendix to the asset plan required in subsection 

16 (c) that describes any capital funding requirements in 

17 excess of amounts authorized or otherwise available to 

18 Amtrak in a fiscal year for capital investment. 

19 ‘‘(b) AMTRAK 5-YEAR BUSINESS LINE PLANS.— 

20 ‘‘(1) AMTRAK BUSINESS LINES.—Amtrak shall 

21 prepare a 5-year business line plan for each of the fol22 lowing business lines and services: 

23 ‘‘(A) Northeast Corridor train services. 

24 ‘‘(B) State-supported routes operated by 

25 Amtrak. 


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1 ‘‘(C) Long-distance routes operated by Am2 trak. 

3 ‘‘(D) Ancillary services operated by Amtrak, 

4 including commuter operations and other rev5 enue generating activities as determined by the 

6 Secretary in consultation with Amtrak. 

7 ‘‘(2) CONTENTS OF 5-YEAR BUSINESS LINE

8 PLANS.—The 5-year business line plan for each busi9 ness line shall include, at a minimum— 

10 ‘‘(A) a statement of Amtrak’s vision, goals, 

11 and service plan for the business line, coordi12 nated with any entities that are contributing 

13 capital or operating funding to support pas14 senger rail services within those business lines, 

15 and aligned with Amtrak’s Strategic Plan and 

16 5-year asset plans under subsection (c); 

17 ‘‘(B) all projected revenues and expenditures 

18 for the business line, including identification of 

19 revenues and expenditures incurred by— 

20 ‘‘(i) passenger operations; 

21 ‘‘(ii) non-passenger operations that are 

22 directly related to the business line; and 

23 ‘‘(iii) governmental funding sources, 

24 including revenues and other funding re25 ceived from States; 


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1 ‘‘(C) projected ridership levels for all pas2 senger operations; 

3 ‘‘(D) estimates of long-term and short-term 

4 debt and associated principal and interest pay5 ments (both current and forecasts); 

6 ‘‘(E) annual profit and loss statements and 

7 forecasts and balance sheets; 

8 ‘‘(F) annual cash flow forecasts; 

9 ‘‘(G) a statement describing the methodolo10 gies and significant assumptions underlying esti11 mates and forecasts; 

12 ‘‘(H) specific performance measures that 

13 demonstrate year over year changes in the results 

14 of Amtrak’s operations; 

15 ‘‘(I) financial performance for each route 

16 within each business line, including descriptions 

17 of the cash operating loss or contribution and 

18 labor productivity for each route; 

19 ‘‘(J) specific costs and savings estimates re20 sulting from reform initiatives; 

21 ‘‘(K) prior fiscal year and projected equip22 ment reliability statistics; and 

23 ‘‘(L) an identification and explanation of 

24 any major adjustments made from previously25 approved plans. 


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1 ‘‘(3) 5-YEAR BUSINESS LINE PLANS PROCESS.— 

2 In meeting the requirements of this section, Amtrak 

3 shall— 

4 ‘‘(A) coordinate the development of the busi5 ness line plans with the Secretary; 

6 ‘‘(B) for the Northeast Corridor business 

7 line plan, coordinate with the Northeast Corridor 

8 Commission and transmit to the Commission the 

9 final plan under subsection (a)(1), and consult 

10 with other entities, as appropriate; 

11 ‘‘(C) for the State-supported route business 

12 line plan, coordinate with the State-Supported 

13 Route Committee established under section 

14 24712; 

15 ‘‘(D) for the long-distance route business 

16 line plan, coordinate with any States or Inter17 state Compacts that provide funding for such 

18 routes, as appropriate; 

19 ‘‘(E) ensure that Amtrak’s annual budget 

20 request to Congress is consistent with the infor21 mation in the 5-year business line plans; and 

22 ‘‘(F) identify the appropriate Amtrak offi23 cials that are responsible for each business line. 

24 ‘‘(4) STANDARDS TO PROMOTE FINANCIAL STA25 BILITY.—In meeting the requirements under this subVerDate Sep 11 2014 22:39 May 16, 2016 Jkt 059200 PO 00000 Frm 00233 Fmt 6652 Sfmt 6203 E:\BILLS\S1626.RS S1626

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1 section, Amtrak shall use the categories specified in 

2 the financial accounting and reporting system devel3 oped under section 203 of the Passenger Rail Invest4 ment and Improvement Act of 2008 (49 U.S.C. 24101 

5 note) when preparing its 5-year business line plans. 

6 ‘‘(c) AMTRAK 5-YEAR ASSET PLANS.— 

7 ‘‘(1) ASSET CATEGORIES.—Amtrak shall prepare 

8 a 5-year asset plan for each of the following asset cat9 egories: 

10 ‘‘(A) Infrastructure, including all Amtrak11 controlled Northeast Corridor assets and other 

12 Amtrak-owned infrastructure, and the associated 

13 facilities that support the operation, mainte14 nance, and improvement of those assets. 

15 ‘‘(B) Passenger rail equipment, including 

16 all Amtrak-controlled rolling stock, locomotives, 

17 and mechanical shop facilities that are used to 

18 overhaul equipment. 

19 ‘‘(C) Stations, including all Amtrak-con20 trolled passenger rail stations and elements of 

21 other stations for which Amtrak has legal respon22 sibility or intends to make capital investments. 

23 ‘‘(D) National assets, including national 

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1 ters, and other assets associated with Amtrak’s 

2 national passenger rail transportation system. 

3 ‘‘(2) CONTENTS OF 5-YEAR ASSET PLANS.—Each 

4 asset plan shall include, at a minimum— 

5 ‘‘(A) a summary of Amtrak’s 5-year stra6 tegic plan for each asset category, including 

7 goals, objectives, any relevant performance 

8 metrics, and statutory or regulatory actions af9 fecting the assets; 

10 ‘‘(B) an inventory of existing Amtrak cap11 ital assets, to the extent practicable, including 

12 information regarding shared use or ownership, 

13 if applicable; 

14 ‘‘(C) a prioritized list of proposed capital 

15 investments that— 

16 ‘‘(i) categorizes each capital project as 

17 being primarily associated with— 

18 ‘‘(I) normalized capital replace19 ment; 

20 ‘‘(II) backlog capital replacement; 

21 ‘‘(III) improvements to support 

22 service enhancements or growth; 

23 ‘‘(IV) strategic initiatives that 

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1 formance, lower costs, or otherwise im2 prove Amtrak’s corporate efficiency; or 

3 ‘‘(V) statutory, regulatory, or 

4 other legal mandates; 

5 ‘‘(ii) identifies each project or program 

6 that is associated with more than 1 category 

7 described in clause (i); and 

8 ‘‘(iii) describes the anticipated business 

9 outcome of each project or program identi10 fied under this subparagraph, including an 

11 assessment of— 

12 ‘‘(I) the potential effect on pas13 senger operations, safety, reliability, 

14 and resilience; 

15 ‘‘(II) the potential effect on Am16 trak’s ability to meet regulatory re17 quirements if the project or program is 

18 not funded; and 

19 ‘‘(III) the benefits and costs; and 

20 ‘‘(D) annual profit and loss statements and 

21 forecasts and balance sheets for each asset cat22 egory. 

23 ‘‘(3) 5-YEAR ASSET PLAN PROCESS.—In meeting 

24 the requirements of this subsection, Amtrak shall— 


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1 ‘‘(A) coordinate with each business line de2 scribed in subsection (b)(1) in the preparation of 

3 each 5-year asset plan and ensure integration of 

4 each 5-year asset plan with the 5-year business 

5 line plans; 

6 ‘‘(B) as applicable, coordinate with the 

7 Northeast Corridor Commission, the State-Sup8 ported Route Committee, and owners of assets af9 fected by 5-year asset plans; and 

10 ‘‘(C) identify the appropriate Amtrak offi11 cials that are responsible for each asset category. 

12 ‘‘(4) EVALUATION OF NATIONAL ASSETS

13 COSTS.—The Secretary shall— 

14 ‘‘(A) evaluate the costs and scope of all na15 tional assets; and 

16 ‘‘(B) determine the activities and costs that 

17 are— 

18 ‘‘(i) required in order to ensure the ef19 ficient operations of a national passenger 

20 rail system; 

21 ‘‘(ii) appropriate for allocation to 1 of 

22 the other Amtrak business lines; and 

23 ‘‘(iii) extraneous to providing an effi24 cient national passenger rail system or are 


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1 too costly relative to the benefits or perform2 ance outcomes they provide. 

3 ‘‘(5) DEFINITION OF NATIONAL ASSETS.—In this 

4 section, the term ‘national assets’ means the Nation’s 

5 core rail assets shared among Amtrak services, includ6 ing national reservations, security, training and 

7 training centers, and other assets associated with Am8 trak’s national passenger rail transportation system. 

9 ‘‘(6) RESTRUCTURING OF NATIONAL ASSETS.— 

10 Not later than 1 year after the date of completion of 

11 the evaluation under paragraph (4), the Adminis12 trator of the Federal Railroad Administration, in 

13 consultation with the Amtrak Board of Directors, the 

14 governors of each relevant State, and the Mayor of the 

15 District of Columbia, or their designees, shall restruc16 ture or reallocate, or both, the national assets costs in 

17 accordance with the determination under that section, 

18 including making appropriate updates to Amtrak’s 

19 cost accounting methodology and system.’’. 

20 (b) EFFECTIVE DATE.—The requirements for Amtrak 

21 to submit final 5-year business line plans and 5-year asset 

22 plans under section 24320 of title 49, United States Code, 

23 shall take effect 1 year after the date of enactment of this 

24 Act. 


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1 (c) CONFORMING AMENDMENTS.—The table of contents 

2 for chapter 243, as amended by section 201 of this Act, is 

3 further amended by adding at the end the following: 

‘‘24320. Amtrak 5-year business line and asset plans.’’. 

4 (d) REPEAL OF 5-YEAR FINANCIAL PLAN.—Section 

5 204 of the Passenger Rail Investment and Improvement Act 

6 of 2008 (49 U.S.C. 24101 note), and the item relating to 

7 that section in the table of contents of that Act, are repealed. 

8 (e) IDENTIFICATION OF DUPLICATIVE REPORTING RE9 QUIREMENTS.—Not later than 1 year after the date of en10 actment of this Act, the Secretary shall— 

11 (1) review existing Amtrak reporting require12 ments and identify where the existing requirements 

13 are duplicative with the business line and capital 

14 plans required by section 24320 of title 49, United 

15 States Code; 

16 (2) if the duplicative reporting requirements are 

17 administrative, the Secretary shall eliminate the du18 plicative requirements; and 

19 (3) submit to Congress a report with any rec20 ommendations for repealing any other duplicative 

21 Amtrak reporting requirements. 

22 SEC. 203. STATE-SUPPORTED ROUTE COMMITTEE. 

23 (a) AMENDMENT.—Chapter 247 is amended by adding 

24 at the end the following: 


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1 ‘‘§ 24712. State-supported routes operated by Amtrak 

2 ‘‘(a) STATE-SUPPORTED ROUTE COMMITTEE.— 

3 ‘‘(1) ESTABLISHMENT.—Not later than 180 days 

4 after the date of enactment of the Railroad Reform, 

5 Enhancement, and Efficiency Act, the Secretary of 

6 Transportation shall establish the State-Supported 

7 Route Committee (referred to in this section as the 

8 ‘Committee’) to promote mutual cooperation and 

9 planning pertaining to the rail operations of Amtrak 

10 and related activities of trains operated by Amtrak on 

11 State-supported routes and to further implement sec12 tion 209 of the Passenger Rail Investment and Im13 provement Act of 2008 (49 U.S.C. 24101 note). 

14 ‘‘(2) MEMBERSHIP.— 

15 ‘‘(A) IN GENERAL.—The Committee shall 

16 consist of— 

17 ‘‘(i) members representing Amtrak; 

18 ‘‘(ii) members representing the Depart19 ment of Transportation, including the Fed20 eral Railroad Administration; and 

21 ‘‘(iii) members representing States, in22 cluding other public entities that sponsor 

23 the operation of trains by Amtrak on a 

24 State-supported route, designated by, and 

25 serving at the pleasure of, the chief executive 

26 officer thereof. 


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1 ‘‘(B) NON-VOTING MEMBERS.—The Com2 mittee may invite and accept other non-voting 

3 members to participate in Committee activities, 

4 as appropriate. 

5 ‘‘(3) DECISIONMAKING.—The Committee shall es6 tablish a bloc voting system under which, at a min7 imum— 

8 ‘‘(A) there are 3 separate voting blocs to 

9 represent the Committee’s voting members, in10 cluding— 

11 ‘‘(i) 1 voting bloc to represent the 

12 members described in paragraph (2)(A)(i); 

13 ‘‘(ii) 1 voting bloc to represent the 

14 members described in paragraph (2)(A)(ii); 

15 and 

16 ‘‘(iii) 1 voting bloc to represent the 

17 members described in paragraph (2)(A)(iii); 

18 ‘‘(B) each voting bloc has 1 vote; 

19 ‘‘(C) the vote of the voting bloc representing 

20 the members described in paragraph (2)(A)(iii) 

21 requires the support of at least two-thirds of that 

22 voting bloc’s members; and 

23 ‘‘(D) the Committee makes decisions by 

24 unanimous consent of the 3 voting blocs. 


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1 ‘‘(4) MEETINGS; RULES AND PROCEDURES.—The 

2 Committee shall convene a meeting and shall define 

3 and implement the rules and procedures governing the 

4 Committee’s proceedings not later than 180 days after 

5 the date of establishment of the Committee by the Sec6 retary. The rules and procedures shall— 

7 ‘‘(A) incorporate and further describe the 

8 decisionmaking procedures to be used in accord9 ance with paragraph (3); and 

10 ‘‘(B) be adopted in accordance with such de11 cisionmaking procedures. 

12 ‘‘(5) COMMITTEE DECISIONS.—Decisions made 

13 by the Committee in accordance with the Committee’s 

14 rules and procedures, once established, are binding on 

15 all Committee members. 

16 ‘‘(6) COST ALLOCATION METHODOLOGY.— 

17 ‘‘(A) IN GENERAL.—Subject to subpara18 graph (B), the Committee may amend the cost 

19 allocation methodology required and previously 

20 approved under section 209 of the Passenger 

21 Rail Investment and Improvement Act of 2008 

22 (49 U.S.C. 24101 note). 

23 ‘‘(B) PROCEDURES FOR CHANGING METH24 ODOLOGY.—The rules and procedures imple25 mented under paragraph (4) shall include proceVerDate Sep 11 2014 22:39 May 16, 2016 Jkt 059200 PO 00000 Frm 00242 Fmt 6652 Sfmt 6203 E:\BILLS\S1626.RS S1626

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1 dures for changing the cost allocation method2 ology. 

3 ‘‘(C) REQUIREMENTS.—The cost allocation 

4 methodology shall— 

5 ‘‘(i) ensure equal treatment in the pro6 vision of like services of all States and 

7 groups of States; and 

8 ‘‘(ii) allocate to each route the costs in9 curred only for the benefit of that route and 

10 a proportionate share, based upon factors 

11 that reasonably reflect relative use, of costs 

12 incurred for the common benefit of more 

13 than 1 route. 

14 ‘‘(b) INVOICES AND REPORTS.—Not later than Feb15 ruary 15, 2016, and monthly thereafter, Amtrak shall pro16 vide to each State that sponsors a State-supported route a 

17 monthly invoice of the cost of operating such route, includ18 ing fixed costs and third-party costs. The Committee shall 

19 determine the frequency and contents of the financial and 

20 performance reports that Amtrak shall provide to the 

21 States, as well as the planning and demand reports that 

22 the States shall provide to Amtrak. 

23 ‘‘(c) DISPUTE RESOLUTION.— 

24 ‘‘(1) REQUEST FOR DISPUTE RESOLUTION.—If a 

25 dispute arises with respect to the rules and procedures 


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1 implemented under subsection (a)(4), an invoice or a 

2 report provided under subsection (b), implementation 

3 or compliance with the cost allocation methodology 

4 developed under section 209 of the Passenger Rail In5 vestment and Improvement Act of 2008 (49 U.S.C. 

6 24101 note) or amended under subsection (a)(6) of 

7 this section, either Amtrak or the State may request 

8 that the Surface Transportation Board conduct dis9 pute resolution under this subsection. 

10 ‘‘(2) PROCEDURES.—The Surface Transportation 

11 Board shall establish procedures for resolution of dis12 putes brought before it under this subsection, which 

13 may include provision of professional mediation serv14 ices. 

15 ‘‘(3) BINDING EFFECT.—A decision of the Sur16 face Transportation Board under this subsection shall 

17 be binding on the parties to the dispute. 

18 ‘‘(4) OBLIGATION.—Nothing in this subsection 

19 shall affect the obligation of a State to pay an 

20 amount not in dispute. 

21 ‘‘(d) ASSISTANCE.— 

22 ‘‘(1) IN GENERAL.—The Secretary may provide 

23 assistance to the parties in the course of negotiations 

24 for a contract for operation of a State-supported 

25 route. 


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1 ‘‘(2) FINANCIAL ASSISTANCE.—From among 

2 available funds, the Secretary shall— 

3 ‘‘(A) provide financial assistance to Amtrak 

4 or 1 or more States to perform requested inde5 pendent technical analysis of issues before the 

6 Committee; and 

7 ‘‘(B) reimburse Members for travel expenses, 

8 including per diem in lieu of subsistence, in ac9 cordance with section 5703 of title 5. 

10 ‘‘(e) PERFORMANCE METRICS.—In negotiating a con11 tract for operation of a State-supported route, Amtrak and 

12 the State or States that sponsor the route shall consider in13 cluding provisions that provide penalties and incentives for 

14 performance. 

15 ‘‘(f) STATEMENT OF GOALS AND OBJECTIVES.— 

16 ‘‘(1) IN GENERAL.—The Committee shall develop 

17 a statement of goals, objectives, and associated rec18 ommendations concerning the future of State-sup19 ported routes operated by Amtrak. The statement 

20 shall identify the roles and responsibilities of Com21 mittee members and any other relevant entities, such 

22 as host railroads, in meeting the identified goals and 

23 objectives, or carrying out the recommendations. The 

24 Committee may consult with such relevant entities, as 


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1 the Committee considers appropriate, when developing 

2 the statement. 

3 ‘‘(2) TRANSMISSION OF STATEMENT OF GOALS

4 AND OBJECTIVES.—Not later than 2 years after the 

5 date of enactment of the Railroad Reform, Enhance6 ment, and Efficiency Act the Committee shall trans7 mit the statement developed under paragraph (1) to 

8 the Committee on Commerce, Science, and Transpor9 tation of the Senate and the Committee on Transpor10 tation and Infrastructure of the House of Representa11 tives. 

12 ‘‘(g) RULE OF CONSTRUCTION.—The decisions of the 

13 Committee— 

14 ‘‘(1) shall pertain to the rail operations of Am15 trak and related activities of trains operated by Am16 trak on State-sponsored routes; and 

17 ‘‘(2) shall not pertain to the rail operations or 

18 related activities of services operated by other rail 

19 passenger carriers on State-supported routes. 

20 ‘‘(h) FEDERAL ADVISORY COMMITTEE ACT.—The Fed21 eral Advisory Committee Act (5 U.S.C. App.) shall not 

22 apply to the Committee. 

23 ‘‘(i) DEFINITION OF STATE.—In this section, the term 

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1 bia, and a public entity that sponsors the operation of 

2 trains by Amtrak on a State-supported route.’’. 

3 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

4 The table of contents for chapter 247 is amended by adding 

5 at the end the following: 

‘‘24712. State-supported routes operated by Amtrak.’’. 

6 SEC. 204. ROUTE AND SERVICE PLANNING DECISIONS. 

7 Section 208 of the Passenger Rail Investment and Im8 provement Act of 2008 (49 U.S.C. 24101 note) is amended 

9 to read as follows: 

10 ‘‘SEC. 208. METHODOLOGIES FOR AMTRAK ROUTE AND 

11 SERVICE PLANNING DECISIONS. 

12 ‘‘(a) METHODOLOGY DEVELOPMENT.—Not later than 

13 180 days after the date of enactment of the Railroad Re14 form, Enhancement, and Efficiency Act, as a condition of 

15 receiving a grant under section 101 of that Act, Amtrak 

16 shall obtain the services of an independent entity to develop 

17 and recommend objective methodologies for Amtrak to use 

18 in determining what intercity rail passenger transportation 

19 routes and services it should provide, including the estab20 lishment of new routes, the elimination of existing routes, 

21 and the contraction or expansion of services or frequencies 

22 over such routes. 

23 ‘‘(b) CONSIDERATIONS.—Amtrak shall require the 

24 independent entity, in developing the methodologies de25 scribed in subsection (a), to consider— 


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1 ‘‘(1) the current and expected performance and 

2 service quality of intercity rail passenger transpor3 tation operations, including cost recovery, on-time 

4 performance, ridership, on-board services, stations, fa5 cilities, equipment, and other services; 

6 ‘‘(2) the connectivity of a route with other routes; 

7 ‘‘(3) the transportation needs of communities 

8 and populations that are not well served by intercity 

9 rail passenger transportation service or by other 

10 forms of intercity transportation; 

11 ‘‘(4) the methodologies of Amtrak and major 

12 intercity rail passenger transportation service pro13 viders in other countries for determining intercity 

14 passenger rail routes and services; 

15 ‘‘(5) the financial and operational effects on the 

16 overall network, including the effects on indirect costs; 

17 ‘‘(6) the views of States and the recommenda18 tions described in State rail plans, rail carriers that 

19 own infrastructure over which Amtrak operates, 

20 Interstate Compacts established by Congress and 

21 States, Amtrak employee representatives, stakeholder 

22 organizations, and other interested parties; and 

23 ‘‘(7) the funding levels that will be available 

24 under authorization levels that have been enacted into 

25 law. 


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1 ‘‘(c) RECOMMENDATIONS.—Not later than 1 year after 

2 the date of enactment of the Railroad Reform, Enhance3 ment, and Efficiency Act, Amtrak shall transmit to the 

4 Committee on Commerce, Science, and Transportation of 

5 the Senate and the Committee on Transportation and In6 frastructure of the House of Representatives recommenda7 tions developed by the independent entity under subsection 

8 (a). 

9 ‘‘(d) CONSIDERATION OF RECOMMENDATIONS.—Not 

10 later than 90 days after the date the recommendations are 

11 transmitted under subsection (c), Amtrak shall consider the 

12 adoption of each recommendation and transmit to the Com13 mittee on Commerce, Science, and Transportation of the 

14 Senate and the Committee on Transportation and Infra15 structure of the House of Representatives a report explain16 ing the reasons for adopting or not adopting each rec17 ommendation.’’. 

18 SEC. 205. COMPETITION. 

19 (a) ALTERNATE PASSENGER RAIL SERVICE PILOT

20 PROGRAM.—Section 24711 is amended to read as follows: 

21 ‘‘§ 24711. Alternate passenger rail service pilot pro22 gram 

23 ‘‘(a) IN GENERAL.—Not later than 18 months after the 

24 date of enactment of the Railroad Reform, Enhancement, 

25 and Efficiency Act, the Secretary of Transportation shall 


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1 promulgate a rule to implement a pilot program for com2 petitive selection of rail carriers for long-distance routes (as 

3 defined in section 24102). 

4 ‘‘(b) PILOT PROGRAM REQUIREMENTS.— 

5 ‘‘(1) IN GENERAL.—The pilot program shall— 

6 ‘‘(A) allow a party described in paragraph 

7 (2) to petition the Secretary to provide intercity 

8 rail passenger transportation over a long-dis9 tance route in lieu of Amtrak for an operations 

10 period of 4 years from the date of commencement 

11 of service by the winning bidder and, at the op12 tion of the Secretary, consistent with the rule 

13 promulgated under subsection (a), allow the con14 tract to be renewed for an additional operations 

15 period of 4 years, but not to exceed a total of 3 

16 operations periods; 

17 ‘‘(B) require the Secretary to— 

18 ‘‘(i) notify the petitioner and Amtrak 

19 of receipt of the petition under subpara20 graph (A) and to publish in the Federal 

21 Register a notice of receipt not later than 

22 30 days after the date of receipt; and 

23 ‘‘(ii) establish a deadline, of not more 

24 than 120 days after the notice of receipt is 

25 published in the Federal Register under 


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1 clause (i), by which both the petitioner and 

2 Amtrak, if Amtrak chooses to do so, would 

3 be required to submit a complete bid to pro4 vide intercity rail passenger transportation 

5 over the applicable route; 

6 ‘‘(C) require that each bid— 

7 ‘‘(i) describe the capital needs, finan8 cial projections, and operational plans, in9 cluding staffing plans, for the service, and 

10 such other factors as the Secretary considers 

11 appropriate; and 

12 ‘‘(ii) be made available by the winning 

13 bidder to the public after the bid award; 

14 ‘‘(D) for a route that receives funding from 

15 a State or States, require that for each bid re16 ceived from a party described in paragraph (2), 

17 other than a State, the Secretary have the con18 currence of the State or States that provide fund19 ing for that route; 

20 ‘‘(E) for a winning bidder that is not or 

21 does not include Amtrak, require the Secretary to 

22 execute a contract not later than 270 days after 

23 the deadline established under subparagraph 

24 (B)(ii) and award to the winning bidder— 


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1 ‘‘(i) subject to paragraphs (3) and (4), 

2 the right and obligation to provide intercity 

3 rail passenger transportation over that 

4 route subject to such performance standards 

5 as the Secretary may require; and 

6 ‘‘(ii) an operating subsidy, as deter7 mined by the Secretary, for— 

8 ‘‘(I) the first year at a level that 

9 does not exceed 90 percent of the level 

10 in effect for that specific route during 

11 the fiscal year preceding the fiscal year 

12 in which the petition was received, ad13 justed for inflation; and 

14 ‘‘(II) any subsequent years at the 

15 level calculated under subclause (I), 

16 adjusted for inflation; and 

17 ‘‘(F) for a winning bidder that is or in18 cludes Amtrak, award to that bidder an oper19 ating subsidy, as determined by the Secretary, 

20 over the applicable route that will not change 

21 during the fiscal year in which the bid was sub22 mitted solely as a result of the winning bid. 

23 ‘‘(2) ELIGIBLE PETITIONERS.—The following 

24 parties are eligible to submit petitions under para25 graph (1): 


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1 ‘‘(A) A rail carrier or rail carriers that own 

2 the infrastructure over which Amtrak operates a 

3 long-distance route. 

4 ‘‘(B) A rail passenger carrier with a writ5 ten agreement with the rail carrier or rail car6 riers that own the infrastructure over which Am7 trak operates a long-distance route and that host 

8 or would host the intercity rail passenger trans9 portation. 

10 ‘‘(C) A State, group of States, or State-sup11 ported joint powers authority or other sub-State 

12 governance entity responsible for provision of 

13 intercity rail passenger transportation with a 

14 written agreement with the rail carrier or rail 

15 carriers that own the infrastructure over which 

16 Amtrak operates a long-distance route and that 

17 host or would host the intercity rail passenger 

18 transportation. 

19 ‘‘(D) A State, group of States, or State-sup20 ported joint powers authority or other sub-State 

21 governance entity responsible for provision of 

22 intercity rail passenger transportation and a 

23 rail passenger carrier with a written agreement 

24 with the rail carrier or rail carriers that own the 

25 infrastructure over which Amtrak operates a 


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1 long-distance route and that host or would host 

2 the intercity rail passenger transportation. 

3 ‘‘(3) PERFORMANCE STANDARDS.—If the win4 ning bidder under paragraph (1)(E)(i) is not or does 

5 not include Amtrak, the performance standards shall 

6 be consistent with the performance required of or 

7 achieved by Amtrak on the applicable route during 

8 the last fiscal year. 

9 ‘‘(4) AGREEMENT GOVERNING ACCESS ISSUES.— 

10 Unless the winning bidder already has applicable ac11 cess agreements in place or includes a rail carrier 

12 that owns the infrastructure used in the operation of 

13 the route, the winning bidder under paragraph 

14 (1)(E)(i) shall enter into a written agreement gov15 erning access issues between the winning bidder and 

16 the rail carrier or rail carriers that own the infra17 structure over which the winning bidder would oper18 ate and that host or would host the intercity rail pas19 senger transportation. 

20 ‘‘(c) ACCESS TO FACILITIES; EMPLOYEES.—If the Sec21 retary awards the right and obligation to provide rail pas22 senger transportation over a route under this section to an 

23 entity in lieu of Amtrak— 

24 ‘‘(1) the Secretary shall require Amtrak to pro25 vide access to the Amtrak-owned reservation system, 


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1 stations, and facilities directly related to operations of 

2 the awarded routes to the rail passenger carrier 

3 awarded a contract under this section, in accordance 

4 with subsection (g), as necessary to carry out the pur5 poses of this section; 

6 ‘‘(2) an employee of any person, except for a 

7 freight railroad or a person employed or contracted 

8 by a freight railroad, used by such rail passenger car9 rier in the operation of a route under this section 

10 shall be considered an employee of that rail passenger 

11 carrier and subject to the applicable Federal laws and 

12 regulations governing similar crafts or classes of em13 ployees of Amtrak; and 

14 ‘‘(3) the winning bidder shall provide hiring 

15 preference to qualified Amtrak employees displaced by 

16 the award of the bid, consistent with the staffing plan 

17 submitted by the bidder, and shall be subject to the 

18 grant conditions under section 24405. 

19 ‘‘(d) CESSATION OF SERVICE.—If a rail passenger car20 rier awarded a route under this section ceases to operate 

21 the service or fails to fulfill an obligation under the contract 

22 required under subsection (b)(1)(E), the Secretary shall take 

23 any necessary action consistent with this title to enforce the 

24 contract and ensure the continued provision of service, in25 cluding— 


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1 ‘‘(1) the installment of an interim rail passenger 

2 carrier; 

3 ‘‘(2) providing to the interim rail passenger car4 rier under paragraph (1) an operating subsidy nec5 essary to provide service; and 

6 ‘‘(3) rebidding the contract to operate the rail 

7 passenger transportation. 

8 ‘‘(e) BUDGET AUTHORITY.— 

9 ‘‘(1) IN GENERAL.—The Secretary shall provide 

10 to a winning bidder that is not or does not include 

11 Amtrak and that is selected under this section any 

12 appropriations withheld under section 101(c) of the 

13 Railroad Reform, Enhancement, and Efficiency Act, 

14 or any subsequent appropriation for the same pur15 pose, necessary to cover the operating subsidy de16 scribed in subsection (b)(1)(E)(ii). 

17 ‘‘(2) AMTRAK.—If the Secretary selects a win18 ning bidder that is not or does not include Amtrak, 

19 the Secretary may provide to Amtrak an appropriate 

20 portion of the appropriations under section 101(a) of 

21 the Railroad Reform, Enhancement, and Efficiency 

22 Act, or any subsequent appropriation for the same 

23 purpose, to cover any cost directly attributable to the 

24 termination of Amtrak service on the route and any 

25 indirect costs to Amtrak imposed on other Amtrak 


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1 routes as a result of losing service on the route oper2 ated by the winning bidder. Any amount provided by 

3 the Secretary to Amtrak under this paragraph shall 

4 not be deducted from or have any effect on the oper5 ating subsidy described in subsection (b)(1)(E)(ii). 

6 ‘‘(f) DEADLINE.—If the Secretary does not promulgate 

7 the final rule and implement the program before the dead8 line under subsection (a), the Secretary shall submit to the 

9 Committee on Commerce, Science, and Transportation of 

10 the Senate and the Committee on Transportation and In11 frastructure of the House of Representatives a letter, signed 

12 by the Secretary and Administrator of the Federal Railroad 

13 Administration, each month until the rule is complete, in14 cluding— 

15 ‘‘(1) the reasons why the rule has not been 

16 issued; 

17 ‘‘(2) an updated staffing plan for completing the 

18 rule as soon as feasible; 

19 ‘‘(3) the contact information of the official that 

20 will be overseeing the execution of the staffing plan; 

21 and 

22 ‘‘(4) the estimated date of completion of the rule. 

23 ‘‘(g) DISPUTES.—If Amtrak and the rail passenger 

24 carrier awarded a route under this section cannot agree 

25 upon terms to carry out subsection (c)(1), and the Surface 


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1 Transportation Board finds that access to Amtrak’s facili2 ties or equipment, or the provision of services by Amtrak, 

3 is necessary under subsection (c)(1) and that the operation 

4 of Amtrak’s other services will not be impaired thereby, the 

5 Surface Transportation Board shall issue an order that the 

6 facilities and equipment be made available, and that serv7 ices be provided, by Amtrak, and shall determine reasonable 

8 compensation, liability, and other terms for use of the facili9 ties and equipment and provision of the services. 

10 ‘‘(h) LIMITATION.—Not more than 3 long-distance 

11 routes may be selected under this section for operation by 

12 a winning bidder that is not or does not include Amtrak. 

13 ‘‘(i) PRESERVATION OF RIGHT TO COMPETITION ON

14 STATE-SUPPORTED ROUTES.—Nothing in this section shall 

15 be construed as prohibiting a State from introducing com16 petition for intercity rail passenger transportation or serv17 ices on its State-supported route or routes.’’. 

18 (b) REPORT.—Not later than 4 years after the date 

19 of implementation of the pilot program under section 24711 

20 of title 49, United States Code, and quadrennially there21 after until the pilot program is discontinued, the Secretary 

22 shall submit to the Committee on Commerce, Science, and 

23 Transportation of the Senate and the Committee on Trans24 portation and Infrastructure of the House of RepresentaVerDate Sep 11 2014 22:39 May 16, 2016 Jkt 059200 PO 00000 Frm 00258 Fmt 6652 Sfmt 6203 E:\BILLS\S1626.RS S1626

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1 tives a report on the results on the pilot program to date 

2 and any recommendations for further action. 

3 SEC. 206. ROLLING STOCK PURCHASES. 

4 (a) IN GENERAL.—Prior to entering into any contract 

5 in excess of $100,000,000 for rolling stock and locomotive 

6 procurements Amtrak shall submit a business case analysis 

7 to the Secretary, the Committee on Commerce, Science, and 

8 Transportation and the Committee on Appropriations of 

9 the Senate and the Committee on Transportation and In10 frastructure and the Committee on Appropriations of the 

11 House of Representatives, on the utility of such procure12 ments. 

13 (b) CONTENTS.—The business case analysis shall— 

14 (1) include a cost and benefit comparison that 

15 describes the total lifecycle costs and the anticipated 

16 benefits related to revenue, operational efficiency, reli17 ability, and other factors; 

18 (2) set forth the total payments by fiscal year; 

19 (3) identify the specific source and amounts of 

20 funding for each payment, including Federal funds, 

21 State funds, Amtrak profits, Federal, State, or pri22 vate loans or loan guarantees, and other funding; 

23 (4) include an explanation of whether any pay24 ment under the contract will increase Amtrak’s grant 

25 request, as required under section 24318 of title 49, 


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1 United States Code, in that particular fiscal year; 

2 and 

3 (5) describe how Amtrak will adjust the procure4 ment if future funding is not available. 

5 (c) RULE OF CONSTRUCTION.—Nothing in this section 

6 shall be construed as requiring Amtrak to disclose confiden7 tial information regarding a potential vendor’s proposed 

8 pricing or other sensitive business information prior to con9 tract execution. 

10 SEC. 207. FOOD AND BEVERAGE POLICY. 

11 (a) IN GENERAL.—Chapter 243, as amended in section 

12 202 of this Act, is further amended by adding after section 

13 24320 the following: 

14 ‘‘§ 24321. Food and beverage reform 

15 ‘‘(a) PLAN.—Not later than 90 days after the date of 

16 enactment of the Railroad Reform, Enhancement, and Effi17 ciency Act, Amtrak shall develop and begin implementing 

18 a plan to eliminate, not later than 4 years after the date 

19 of enactment of that Act, the operating loss associated with 

20 providing food and beverage service on board Amtrak 

21 trains. 

22 ‘‘(b) CONSIDERATIONS.—In developing and imple23 menting the plan under subsection (a), Amtrak shall con24 sider a combination of cost management and revenue gen25 eration initiatives, including— 


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1 ‘‘(1) scheduling optimization; 

2 ‘‘(2) onboard logistics; 

3 ‘‘(3) product development and supply chain effi4 ciency; 

5 ‘‘(4) training, awards, and accountability; 

6 ‘‘(5) technology enhancements and process im7 provements; and 

8 ‘‘(6) ticket revenue allocation. 

9 ‘‘(c) SAVINGS CLAUSE.—Amtrak shall ensure that no 

10 Amtrak employee holding a position as of the date of enact11 ment of the Railroad Reform, Enhancement, and Efficiency 

12 Act is involuntarily separated because of— 

13 ‘‘(1) the development and implementation of the 

14 plan required under subsection (a); or 

15 ‘‘(2) any other action taken by Amtrak to imple16 ment this section. 

17 ‘‘(d) NO FEDERAL FUNDING FOR OPERATING

18 LOSSES.—Beginning on the date that is 4 years after the 

19 date of enactment of the Railroad Reform, Enhancement, 

20 and Efficiency Act, no Federal funds may be used to cover 

21 any operating loss associated with providing food and bev22 erage service on a route operated by Amtrak or an alter23 native passenger rail service provider that operates a route 

24 in lieu of Amtrak under section 24711. 


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1 ‘‘(e) REPORT.—Not later than 120 days after the date 

2 of enactment of the Railroad Reform, Enhancement, and 

3 Efficiency Act, and annually thereafter for a period of 4 

4 years, Amtrak shall transmit to the Committee on Com5 merce, Science, and Transportation of the Senate and the 

6 Committee on Transportation and Infrastructure of the 

7 House of Representatives a report on the plan developed 

8 under subsection (a) and a description of progress in the 

9 implementation of the plan.’’. 

10 (b) CONFORMING AMENDMENT.—The table of contents 

11 for chapter 243, as amended in section 202 of this Act, is 

12 amended by adding at the end the following: 

‘‘24321. Food and beverage reform.’’. 

13 SEC. 208. LOCAL PRODUCTS AND PROMOTIONAL EVENTS. 

14 (a) IN GENERAL.—Not later than 6 months after the 

15 date of enactment of this Act, Amtrak shall establish a pilot 

16 program for a State or States that sponsor a State-sup17 ported route operated by Amtrak to facilitate— 

18 (1) onboard purchase and sale of local food and 

19 beverage products; and 

20 (2) partnerships with local entities to hold pro21 motional events on trains or in stations. 

22 (b) PROGRAM DESIGN.—The pilot program under 

23 paragraph (1) shall allow a State or States— 


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1 (1) to nominate and select a local food and bev2 erage products supplier or suppliers or local pro3 motional event partner; 

4 (2) to charge a reasonable price or fee for local 

5 food and beverage products or promotional events and 

6 related activities to help defray the costs of program 

7 administration and State-supported routes; and 

8 (3) a mechanism to ensure that State products 

9 can effectively be handled and integrated into existing 

10 food and beverage services, including compliance with 

11 all applicable regulations and standards governing 

12 such services. 

13 (c) PROGRAM ADMINISTRATION.—The pilot program 

14 shall— 

15 (1) for local food and beverage products, ensure 

16 the products are integrated into existing food and bev17 erage services, including compliance with all applica18 ble regulations and standards; 

19 (2) for promotional events, ensure the events are 

20 held in compliance with all applicable regulations 

21 and standards, including terms to address insurance 

22 requirements; and 

23 (3) require an annual report that documents rev24 enues and costs and indicates whether the products or 

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1 tribution of a State or States to the applicable State2 supported route. 

3 (d) REPORT.—Not later than 4 years after the date 

4 of establishment of the pilot programs under this section, 

5 Amtrak shall report to the Committee on Commerce, 

6 Science, and Transportation of the Senate and the Com7 mittee on Transportation and Infrastructure of the House 

8 of Representatives on which States have participated in the 

9 pilot programs under this section. The report shall summa10 rize the financial and operational outcomes of the pilot pro11 grams. 

12 (e) RULE OF CONSTRUCTION.—Nothing in this sub13 section shall be construed as limiting Amtrak’s ability to 

14 operate special trains in accordance with section 216 of the 

15 Passenger Rail Investment and Improvement Act of 2008 

16 (49 U.S.C. 24308 note). 

17 SEC. 209. RIGHT-OF-WAY LEVERAGING. 

18 (a) REQUEST FOR PROPOSALS.— 

19 (1) IN GENERAL.—Not later than 1 year after 

20 the date of enactment of this Act, Amtrak shall issue 

21 a Request for Proposals seeking qualified persons or 

22 entities to utilize right-of-way and real estate owned, 

23 controlled, or managed by Amtrak for telecommuni24 cations systems, energy distribution systems, and 

25 other activities considered appropriate by Amtrak. 


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1 (2) CONTENTS.—The Request for Proposals shall 

2 provide sufficient information on the right-of-way 

3 and real estate assets to enable respondents to propose 

4 an arrangement that will monetize or generate addi5 tional revenue from such assets through revenue shar6 ing or leasing agreements with Amtrak, to the extent 

7 possible. 

8 (b) CONSIDERATION OF PROPOSALS.—Not later than 

9 180 days following the deadline for the receipt of proposals 

10 under subsection (a), Amtrak shall review and consider each 

11 qualified proposal. Amtrak may enter into such agreements 

12 as are necessary to implement any qualified proposal. 

13 (c) REPORT.—Not later than 270 days following the 

14 deadline for the receipt of proposals under subsection (a), 

15 Amtrak shall transmit to the Committee on Commerce, 

16 Science, and Transportation of the Senate and the Com17 mittee on Transportation and Infrastructure of the House 

18 of Representatives a report on the Request for Proposals re19 quired by this section, including summary information of 

20 any proposals submitted to Amtrak and any proposals ac21 cepted by Amtrak. 

22 (d) SAVINGS CLAUSE.—Nothing in this section shall 

23 be construed to limit Amtrak’s ability to utilize right-of24 way or real estate assets that it currently owns, controls, 


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1 or manages or constrain Amtrak’s ability to enter into 

2 agreements with other parties to utilize such assets. 

3 SEC. 210. STATION DEVELOPMENT. 

4 (a) REPORT ON DEVELOPMENT OPTIONS.—Not later 

5 than 1 year after the date of the enactment of this Act, Am6 trak shall submit a report to the Committee on Commerce, 

7 Science, and Transportation of the Senate and the Com8 mittee on Transportation and Infrastructure of the House 

9 of Representatives that describes— 

10 (1) options to enhance economic development and 

11 accessibility of and around Amtrak stations and ter12 minals, for the purposes of— 

13 (A) improving station condition, 

14 functionality, capacity, and customer amenities; 

15 (B) generating additional investment cap16 ital and development-related revenue streams; 

17 (C) increasing ridership and revenue; 

18 (D) complying with the applicable sections 

19 of the Americans with Disabilities Act of 1990 

20 (42 U.S.C. 12101 et seq.) and the Rehabilitation 

21 Act of 1973 (29 U.S.C. 701 et seq.); and 

22 (E) strengthening multimodal connections, 

23 including transit, intercity buses, roll-on and 

24 roll-off bicycles, and airports, as appropriate; 

25 and 


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1 (2) options for additional Amtrak stops that 

2 would have a positive incremental financial impact 

3 to Amtrak, based on Amtrak feasibility studies that 

4 demonstrate a financial benefit to Amtrak by gener5 ating additional revenue that exceeds any incremental 

6 costs. 

7 (b) REQUEST FOR INFORMATION.—Not later than 90 

8 days after the date the report is transmitted under sub9 section (a), Amtrak shall issue a Request of Information 

10 for 1 or more owners of stations served by Amtrak to for11 mally express an interest in completing the requirements 

12 of this section. 

13 (c) PROPOSALS.— 

14 (1) REQUEST FOR PROPOSALS.—Not later than 

15 180 days after the date the Request for Information 

16 is issued under subsection (a), Amtrak shall issue a 

17 Request for Proposals from qualified persons, includ18 ing small business concerns owned and controlled by 

19 socially and economically disadvantaged individuals 

20 and veteran-owned small businesses, to lead, partici21 pate, or partner with Amtrak, a station owner that 

22 responded under subsection (b), and other entities in 

23 enhancing development in and around such stations 

24 and terminals using applicable options identified 

25 under subsection (a) at facilities selected by Amtrak. 


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1 (2) CONSIDERATION OF PROPOSALS.—Not later 

2 than 1 year after the date the Request for Proposals 

3 are issued under paragraph (1), Amtrak shall review 

4 and consider qualified proposals submitted under 

5 paragraph (1). Amtrak or a station owner that re6 sponded under subsection (b) may enter into such 

7 agreements as are necessary to implement any quali8 fied proposal. 

9 (d) REPORT.—Not later than 3 years after the date 

10 of enactment of this Act, Amtrak shall transmit to the Com11 mittee on Commerce, Science, and Transportation of the 

12 Senate and the Committee on Transportation and Infra13 structure of the House of Representatives a report on the 

14 Request for Proposals process required under this section, 

15 including summary information of any qualified proposals 

16 submitted to Amtrak and any proposals acted upon by Am17 trak or a station owner that responded under subsection (b). 

18 (e) DEFINITIONS.—In this section, the terms ‘‘small 

19 business concern’’, ‘‘socially and economically disadvan20 taged individual’’, and ‘‘veteran-owned small business’’ 

21 have the meanings given the terms in section 304(c) of this 

22 Act. 

23 (f) SAVINGS CLAUSE.—Nothing in this section shall be 

24 construed to limit Amtrak’s ability to develop its stations, 

25 terminals, or other assets, to constrain Amtrak’s ability to 


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1 enter into and carry out agreements with other parties to 

2 enhance development at or around Amtrak stations or ter3 minals, or to affect any station development initiatives on4 going as of the date of enactment of this Act. 

5 SEC. 211. AMTRAK DEBT. 

6 Section 205 of the Passenger Rail Investment and Im7 provement Act of 2008 (49 U.S.C. 24101 note) is amend8 ed— 

9 (1) by striking ‘‘as of the date of enactment of 

10 this Act’’ each place it appears; 

11 (2) in subsection (a)— 

12 (A) by inserting ‘‘, to the extent provided in 

13 advance in appropriations Acts’’ after ‘‘Amtrak’s 

14 indebtedness’’; and 

15 (B) by striking the second sentence; 

16 (3) in subsection (b), by striking ‘‘The Secretary 

17 of the Treasury, in consultation’’ and inserting ‘‘To 

18 the extent amounts are provided in advance in appro19 priations Acts, the Secretary of the Treasury, in con20 sultation’’; 

21 (4) in subsection (d), by inserting ‘‘, to the extent 

22 provided in advance in appropriations Acts’’ after 

23 ‘‘as appropriate’’; 

24 (5) in subsection (e)— 


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1 (A) in paragraph (1), by striking ‘‘by sec2 tion 102 of this division’’; and 

3 (B) in paragraph (2), by striking ‘‘by sec4 tion 102’’ and inserting ‘‘for Amtrak’’; 

5 (6) in subsection (g), by inserting ‘‘, unless that 

6 debt receives credit assistance, including direct loans 

7 and loan guarantees, under chapter 6 of title 23, 

8 United States Code or title V of the Railroad Revital9 ization and Regulatory Act of 1976 (45 U.S.C. 821 

10 et seq.)’’ after ‘‘Secretary’’; and 

11 (7) by striking subsection (h). 

12 SEC. 212. AMTRAK PILOT PROGRAM FOR PASSENGERS 

13 TRANSPORTING DOMESTICATED CATS AND 

14 DOGS. 

15 (a) IN GENERAL.—Not later than 1 year after the date 

16 of enactment of this Act, Amtrak shall develop a pilot pro17 gram that allows passengers to transport domesticated cats 

18 or dogs on certain trains operated by Amtrak. 

19 (b) PET POLICY.—In developing the pilot program re20 quired under subsection (a), Amtrak shall— 

21 (1) in the case of a passenger train that is com22 prised of more than 1 car, designate, where feasible, 

23 at least 1 car in which a ticketed passenger may 

24 transport a domesticated cat or dog in the same man25 ner as carry-on baggage if— 


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1 (A) the cat or dog is contained in a pet ken2 nel; 

3 (B) the pet kennel complies with Amtrak 

4 size requirements for carriage of carry-on bag5 gage; 

6 (C) the passenger is traveling on a train op7 erating on a route described in subparagraph 

8 (A), (B), or (D) of section 24102(6) of title 49, 

9 United States Code; and 

10 (D) the passenger pays a fee described in 

11 paragraph (3); 

12 (2) allow a ticketed passenger to transport a do13 mesticated cat or dog on a train in the same manner 

14 as cargo if— 

15 (A) the cat or dog is contained in a pet ken16 nel; 

17 (B) the pet kennel is stowed in accordance 

18 with Amtrak requirements for cargo stowage; 

19 (C) the passenger is traveling on a train op20 erating on a route described in subparagraph 

21 (A), (B), or (D) of section 24102(6) of title 49, 

22 United States Code; 

23 (D) the cargo area is temperature controlled 

24 in a manner protective of cat and dog safety and 

25 health; and 


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1 (E) the passenger pays a fee described in 

2 paragraph (3); and 

3 (3) collect fees for each cat or dog transported by 

4 a ticketed passenger in an amount that, in the aggre5 gate and at a minimum, covers the full costs of the 

6 pilot program. 

7 (c) REPORT.—Not later than 1 year after the pilot pro8 gram required under subsection (a) is first implemented, 

9 Amtrak shall transmit to the Committee on Commerce, 

10 Science, and Transportation of the Senate and the Com11 mittee on Transportation and Infrastructure of the House 

12 of Representatives a report containing an evaluation of the 

13 pilot program. 

14 (d) LIMITATION ON STATUTORY CONSTRUCTION.— 

15 (1) SERVICE ANIMALS.—The pilot program 

16 under subsection (a) shall be separate from and in 

17 addition to the policy governing Amtrak passengers 

18 traveling with service animals. Nothing in this sec19 tion may be interpreted to limit or waive the rights 

20 of passengers to transport service animals. 

21 (2) ADDITIONAL TRAIN CARS.—Nothing in this 

22 section may be interpreted to require Amtrak to add 

23 additional train cars or modify existing train cars. 


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1 (3) FEDERAL FUNDS.—No Federal funds may be 

2 used to implement the pilot program required under 

3 this section. 

4 SEC. 213. AMTRAK BOARD OF DIRECTORS. 

5 (a) IN GENERAL.—Section 24302(a) is amended to 

6 read as follows: 

7 ‘‘(a) COMPOSITION AND TERMS.— 

8 ‘‘(1) IN GENERAL.—The Amtrak Board of Direc9 tors (referred to in this section as the ‘Board’) is com10 posed of the following 9 directors, each of whom must 

11 be a citizen of the United States: 

12 ‘‘(A) The Secretary of Transportation. 

13 ‘‘(B) The President of Amtrak. 

14 ‘‘(C) 7 individuals appointed by the Presi15 dent of the United States, by and with the advice 

16 and consent of the Senate, with general business 

17 and financial experience, experience or qualifica18 tions in transportation, freight and passenger 

19 rail transportation, travel, hospitality, or pas20 senger air transportation businesses, or rep21 resentatives of employees or users of passenger 

22 rail transportation or a State government. 

23 ‘‘(2) SELECTION.—In selecting individuals de24 scribed in paragraph (1)(C) for nominations for ap25 pointments to the Board, the President shall consult 


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1 with the Speaker of the House of Representatives, the 

2 minority leader of the House of Representatives, the 

3 majority leader of the Senate, and the minority leader 

4 of the Senate. The individuals appointed to the Board 

5 under paragraph (1)(C) shall be composed of the fol6 lowing; 

7 ‘‘(A) 2 individuals from the Northeast Cor8 ridor. 

9 ‘‘(B) 4 individuals from regions of the coun10 try outside of the Northeast Corridor and geo11 graphically distributed with— 

12 ‘‘(i) 2 individuals from States with 

13 long-distance routes operated by Amtrak; 

14 and 

15 ‘‘(ii) 2 individuals from States with 

16 State-supported routes operated by Amtrak. 

17 ‘‘(C) 1 individual from the Northeast Cor18 ridor or a State with long-distance or State-sup19 ported routes. 

20 ‘‘(3) TERM.—An individual appointed under 

21 paragraph (1)(C) shall be appointed for a term of 5 

22 years. The term may be extended until the individ23 ual’s successor is appointed and qualified. Not more 

24 than 4 individuals appointed under paragraph (1)(C) 

25 may be members of the same political party. 


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1 ‘‘(4) CHAIRPERSON AND VICE CHAIRPERSON.— 

2 The Board shall elect a chairperson and vice chair3 person, other than the President of Amtrak, from 

4 among its membership. The vice chairperson shall 

5 serve as chairperson in the absence of the chairperson. 

6 ‘‘(5) SECRETARY’S DESIGNEE.—The Secretary 

7 may be represented at Board meetings by the Sec8 retary’s designee.’’. 

9 (b) RULE OF CONSTRUCTION.—Nothing in this section 

10 shall be construed as affecting the term of any director serv11 ing on the Amtrak Board of Directors under section 

12 24302(a)(1)(C) of title 49, United States Code, on the day 

13 preceding the date of enactment of this Act. 

14 TITLE III—INTERCITY 

15 PASSENGER RAIL POLICY 

16 SEC. 301. COMPETITIVE OPERATING GRANTS. 

17 (a) IN GENERAL.—Chapter 244 is amended— 

18 (1) by striking section 24406; and 

19 (2) by inserting after section 24405 the fol20 lowing: 

21 ‘‘§ 24406. Competitive operating grants 

22 ‘‘(a) APPLICANT DEFINED.—In this section, the term 

23 ‘applicant’ means— 

24 ‘‘(1) a State; 

25 ‘‘(2) a group of States; 


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1 ‘‘(3) an Interstate Compact; 

2 ‘‘(4) a public agency or publicly chartered au3 thority established by 1 or more States and having re4 sponsibility for providing intercity rail passenger 

5 transportation or commuter rail passenger transpor6 tation; 

7 ‘‘(5) a political subdivision of a State; 

8 ‘‘(6) Amtrak or another rail passenger carrier 

9 that provides intercity rail passenger transportation; 

10 ‘‘(7) Any rail carrier in partnership with at 

11 least 1 of the entities described in paragraphs (1) 

12 through (5); and 

13 ‘‘(8) any combination of the entities described in 

14 paragraphs (1) through (7). 

15 ‘‘(b) GRANTS AUTHORIZED.—The Secretary of Trans16 portation shall develop and implement a program for 

17 issuing 3-year operating assistance grants to applicants, on 

18 a competitive basis, for the purpose of initiating, restoring, 

19 or enhancing intercity rail passenger service. 

20 ‘‘(c) APPLICATION.—An applicant for a grant under 

21 this section shall submit to the Secretary— 

22 ‘‘(1) a capital and mobilization plan that— 

23 ‘‘(A) describes any capital investments, 

24 service planning actions (such as environmental 

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1 ification of train crews) required for initiation 

2 of service; and 

3 ‘‘(B) includes the timeline for undertaking 

4 and completing each of the investments and ac5 tions referred to in subparagraph (A); 

6 ‘‘(2) an operating plan that describes the 

7 planned operation of the service, including— 

8 ‘‘(A) the identity and qualifications of the 

9 train operator; 

10 ‘‘(B) the identity and qualifications of any 

11 other service providers; 

12 ‘‘(C) service frequency; 

13 ‘‘(D) the planned routes and schedules; 

14 ‘‘(E) the station facilities that will be uti15 lized; 

16 ‘‘(F) projected ridership, revenues, and 

17 costs; 

18 ‘‘(G) descriptions of how the projections 

19 under subparagraph (F) were developed; 

20 ‘‘(H) the equipment that will be utilized, 

21 how such equipment will be acquired or refur22 bished, and where such equipment will be main23 tained; and 

24 ‘‘(I) a plan for ensuring safe operations and 

25 compliance with applicable safety regulations; 


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1 ‘‘(3) a funding plan that— 

2 ‘‘(A) describes the funding of initial capital 

3 costs and operating costs for the first 3 years of 

4 operation; 

5 ‘‘(B) includes a commitment by the appli6 cant to provide the funds described in subpara7 graph (A) to the extent not covered by Federal 

8 grants and revenues; and 

9 ‘‘(C) describes the funding of operating costs 

10 and capital costs, to the extent necessary, after 

11 the first 3 years of operation; and 

12 ‘‘(4) a description of the status of negotiations 

13 and agreements with— 

14 ‘‘(A) each of the railroads or regional trans15 portation authorities whose tracks or facilities 

16 would be utilized by the service; 

17 ‘‘(B) the anticipated rail passenger carrier, 

18 if such entity is not part of the applicant group; 

19 and 

20 ‘‘(C) any other service providers or entities 

21 expected to provide services or facilities that will 

22 be used by the service, including any required 

23 access to Amtrak systems, stations, and facilities 

24 if Amtrak is not part of the applicant group. 


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1 ‘‘(d) PRIORITIES.—In awarding grants under this sec2 tion, the Secretary shall give priority to applications— 

3 ‘‘(1) for which planning, design, any environ4 mental reviews, negotiation of agreements, acquisition 

5 of equipment, construction, and other actions nec6 essary for initiation of service have been completed or 

7 nearly completed; 

8 ‘‘(2) that would restore service over routes for9 merly operated by Amtrak, including routes with 

10 international connections; 

11 ‘‘(3) that would provide daily or daytime service 

12 over routes where such service did not previously 

13 exist; 

14 ‘‘(4) that include private funding (including 

15 funding from railroads), and funding or other signifi16 cant participation by State, local, and regional gov17 ernmental and private entities; 

18 ‘‘(5) that include a funding plan that dem19 onstrates the intercity rail passenger service will be 

20 financially sustainable beyond the 3-year grant pe21 riod; 

22 ‘‘(6) that would provide service to regions and 

23 communities that are underserved or not served by 

24 other intercity public transportation; 


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1 ‘‘(7) that would foster economic development, 

2 particularly in rural communities and for disadvan3 taged populations; 

4 ‘‘(8) that would provide other non-transportation 

5 benefits; and 

6 ‘‘(9) that would enhance connectivity and geo7 graphic coverage of the existing national network of 

8 intercity passenger rail service. 

9 ‘‘(e) LIMITATIONS.— 

10 ‘‘(1) DURATION.—Federal operating assistance 

11 grants authorized under this section for any indi12 vidual intercity rail passenger transportation route 

13 may not provide funding for more than 3 years and 

14 may not be renewed. 

15 ‘‘(2) LIMITATION.—Not more than 6 of the oper16 ating assistance grants awarded pursuant to sub17 section (b) may be simultaneously active. 

18 ‘‘(3) MAXIMUM FUNDING.—Grants described in 

19 paragraph (1) may not exceed— 

20 ‘‘(A) 80 percent of the projected net oper21 ating costs for the first year of service; 

22 ‘‘(B) 60 percent of the projected net oper23 ating costs for the second year of service; and 

24 ‘‘(C) 40 percent of the projected net oper25 ating costs for the third year of service. 


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1 ‘‘(f) USE WITH CAPITAL GRANTS AND OTHER FED2 ERAL FUNDING.—A recipient of an operating assistance 

3 grant under subsection (b) may use that grant in combina4 tion with other grants awarded under this chapter or any 

5 other Federal funding that would benefit the applicable 

6 service. 

7 ‘‘(g) AVAILABILITY.—Amounts appropriated for car8 rying out this section shall remain available until ex9 pended. 

10 ‘‘(h) COORDINATION WITH AMTRAK.—If the Secretary 

11 awards a grant under this section to a rail passenger car12 rier other than Amtrak, Amtrak may be required under sec13 tion 24711(c)(1) of this title to provide access to its reserva14 tion system, stations, and facilities that are directly related 

15 to operations to such carrier, to the extent necessary to 

16 carry out the purposes of this section. The Secretary may 

17 award an appropriate portion of the grant to Amtrak as 

18 compensation for this access. 

19 ‘‘(i) CONDITIONS.— 

20 ‘‘(1) GRANT AGREEMENT.—The Secretary shall 

21 require grant recipients under this section to enter 

22 into a grant agreement that requires them to provide 

23 similar information regarding the route performance, 

24 financial, and ridership projections, and capital and 

25 business plans that Amtrak is required to provide, 


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1 and such other data and information as the Secretary 

2 deems necessary. 

3 ‘‘(2) INSTALLMENTS; TERMINATION.—The Sec4 retary may— 

5 ‘‘(A) award grants under this section in in6 stallments, as the Secretary considers appro7 priate; and 

8 ‘‘(B) terminate any grant agreement 

9 upon— 

10 ‘‘(i) the cessation of service; or 

11 ‘‘(ii) the violation of any other term of 

12 the grant agreement. 

13 ‘‘(3) GRANT CONDITIONS.—Except as specifically 

14 provided in this section, the use of any amounts ap15 propriated for grants under this section shall be sub16 ject to the requirements under this chapter. 

17 ‘‘(j) REPORT.—Not later than 4 years after the date 

18 of enactment of the Railroad Reform, Enhancement, and 

19 Efficiency Act, the Secretary, after consultation with grant 

20 recipients under this section, shall submit a report to Con21 gress that describes— 

22 ‘‘(1) the implementation of this section; 

23 ‘‘(2) the status of the investments and operations 

24 funded by such grants; 


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1 ‘‘(3) the performance of the routes funded by 

2 such grants; 

3 ‘‘(4) the plans of grant recipients for continued 

4 operation and funding of such routes; and 

5 ‘‘(5) any legislative recommendations.’’. 

6 (b) CONFORMING AMENDMENTS.—Chapter 244 is 

7 amended— 

8 (1) in the table of contents, by inserting after the 

9 item relating to section 24405 the following: 

‘‘24406. Competitive operating grants.’’; 

10 (2) in the chapter title, by striking ‘‘INTER11 CITY PASSENGER RAIL SERVICE COR12 RIDOR CAPITAL’’ and inserting ‘‘RAIL CAP13 ITAL AND OPERATING’’; 

14 (3) in section 24401— 

15 (A) by striking paragraph (1); and 

16 (B) by redesignating paragraphs (2) and 

17 (3) as paragraphs (1) and (2) respectively; 

18 (4) in section 24402, by striking subsection (j) 

19 and inserting the following: 

20 ‘‘(j) APPLICANT DEFINED.—In this section, the term 

21 ‘applicant’ means a State (including the District of Colum22 bia), a group of States, an Interstate Compact, a public 

23 agency or publicly chartered authority established by 1 or 

24 more States and having responsibility for providing interVerDate Sep 11 2014 22:39 May 16, 2016 Jkt 059200 PO 00000 Frm 00283 Fmt 6652 Sfmt 6203 E:\BILLS\S1626.RS S1626

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1 city rail passenger transportation, or a political subdivi2 sion of a State.’’; and 

3 (5) in section 24405— 

4 (A) in subsection (b)— 

5 (i) by inserting ‘‘, or for which an op6 erating grant is issued under section 

7 24406,’’ after ‘‘chapter’’; and 

8 (ii) in paragraph (2), by striking 

9 ‘‘(43’’ and inserting ‘‘(45’’; 

10 (B) in subsection (d)(1), in the matter pre11 ceding subparagraph (A), by inserting ‘‘or unless 

12 Amtrak ceased providing intercity passenger 

13 railroad transportation over the affected route 

14 more than 3 years before the commencement of 

15 new service’’ after ‘‘unless such service was pro16 vided solely by Amtrak to another entity’’; 

17 (C) in subsection (f), by striking ‘‘under 

18 this chapter for commuter rail passenger trans19 portation, as defined in section 24012(4) of this 

20 title.’’ and inserting ‘‘under this chapter for com21 muter rail passenger transportation (as defined 

22 in section 24102(3)).’’; and 

23 (D) by adding at the end the following: 

24 ‘‘(g) SPECIAL TRANSPORTATION CIRCUMSTANCES.—In 

25 carrying out this chapter, the Secretary shall allocate an 


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1 appropriate portion of the amounts available under this 

2 chapter to provide grants to States— 

3 ‘‘(1) in which there is no intercity passenger rail 

4 service, for the purpose of funding freight rail capital 

5 projects that are on a State rail plan developed under 

6 chapter 227 that provide public benefits (as defined in 

7 chapter 227), as determined by the Secretary; or 

8 ‘‘(2) in which the rail transportation system is 

9 not physically connected to rail systems in the conti10 nental United States or may not otherwise qualify for 

11 a grant under this section due to the unique charac12 teristics of the geography of that State or other rel13 evant considerations, for the purpose of funding 

14 transportation-related capital projects.’’. 

15 SEC. 302. FEDERAL-STATE PARTNERSHIP FOR STATE OF 

16 GOOD REPAIR. 

17 (a) AMENDMENT.—Chapter 244 is amended by insert18 ing after section 24406, as added by section 301 of this Act, 

19 the following: 

20 ‘‘§ 24407. Federal-State partnership for state of good 

21 repair 

22 ‘‘(a) DEFINITIONS.—In this section: 

23 ‘‘(1) APPLICANT.—The term ‘applicant’ means— 

24 ‘‘(A) a State (including the District of Co25 lumbia); 


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1 ‘‘(B) a group of States; 

2 ‘‘(C) an Interstate Compact; 

3 ‘‘(D) a public agency or publicly chartered 

4 authority established by 1 or more States that 

5 has responsibility for providing intercity rail 

6 passenger transportation or commuter rail pas7 senger transportation; 

8 ‘‘(E) a political subdivision of a State; 

9 ‘‘(F) Amtrak, acting on its own behalf or 

10 under a cooperative agreement with 1 or more 

11 States; or 

12 ‘‘(G) any combination of the entities de13 scribed in subparagraphs (A) through (F). 

14 ‘‘(2) CAPITAL PROJECT.—The term ‘capital 

15 project’ means— 

16 ‘‘(A) a project primarily intended to re17 place, rehabilitate, or repair major infrastruc18 ture assets utilized for providing intercity pas19 senger rail service, including tunnels, bridges, 

20 stations, and other assets, as determined by the 

21 Secretary; or 

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1 quencies, higher operating speeds, and other im2 provements, as determined by the Secretary. 

3 ‘‘(3) NORTHEAST CORRIDOR.—The term ‘North4 east Corridor’ means— 

5 ‘‘(A) the main rail line between Boston, 

6 Massachusetts and the Virginia Avenue inter7 locking in the District of Columbia; and 

8 ‘‘(B) the branch rail lines connecting to 

9 Harrisburg, Pennsylvania, Springfield, Massa10 chusetts, and Spuyten Duyvil, New York. 

11 ‘‘(4) QUALIFIED RAILROAD ASSET.—The term 

12 ‘qualified railroad asset’ means infrastructure, equip13 ment, or a facility that— 

14 ‘‘(A) is owned or controlled by an eligible 

15 applicant; and 

16 ‘‘(B) was not in a state of good repair on 

17 the date of enactment of the Railroad Reform, 

18 Enhancement, and Efficiency Act. 

19 ‘‘(b) GRANT PROGRAM AUTHORIZED.—The Secretary 

20 of Transportation shall develop and implement a program 

21 for issuing grants to applicants, on a competitive basis, to 

22 fund capital projects that reduce the state of good repair 

23 backlog on qualified railroad assets. 


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1 ‘‘(c) ELIGIBLE PROJECTS.—Projects eligible for grants 

2 under this section include capital projects to replace or re3 habilitate qualified railroad assets, including— 

4 ‘‘(1) capital projects to replace existing assets in5 kind; 

6 ‘‘(2) capital projects to replace existing assets 

7 with assets that increase capacity or provide a higher 

8 level of service; and 

9 ‘‘(3) capital projects to ensure that service can be 

10 maintained while existing assets are brought to a 

11 state of good repair. 

12 ‘‘(d) PROJECT SELECTION CRITERIA.—In selecting an 

13 applicant for a grant under this section, the Secretary 

14 shall— 

15 ‘‘(1) give preference to eligible projects— 

16 ‘‘(A) that are consistent with the goals, ob17 jectives, and policies defined in any regional rail 

18 planning document that is applicable to a 

19 project proposal; and 

20 ‘‘(B) for which the proposed Federal share 

21 of total project costs does not exceed 50 percent; 

22 and 

23 ‘‘(2) take into account— 

24 ‘‘(A) the cost-benefit analysis of the pro25 posed project, including anticipated private and 


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1 public benefits relative to the costs of the pro2 posed project, including— 

3 ‘‘(i) effects on system and service per4 formance; 

5 ‘‘(ii) effects on safety, competitiveness, 

6 reliability, trip or transit time, and resil7 ience; 

8 ‘‘(iii) efficiencies from improved inte9 gration with other modes; and 

10 ‘‘(iv) ability to meet existing or antici11 pated demand; 

12 ‘‘(B) the degree to which the proposed 

13 project’s business plan considers potential pri14 vate sector participation in the financing, con15 struction, or operation of the proposed project; 

16 ‘‘(C) the applicant’s past performance in 

17 developing and delivering similar projects, and 

18 previous financial contributions; 

19 ‘‘(D) whether the applicant has, or will 

20 have— 

21 ‘‘(i) the legal, financial, and technical 

22 capacity to carry out the project; 

23 ‘‘(ii) satisfactory continuing control 

24 over the use of the equipment or facilities; 

25 and 


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1 ‘‘(iii) the capability and willingness to 

2 maintain the equipment or facilities; 

3 ‘‘(E) if applicable, the consistency of the 

4 project with planning guidance and documents 

5 set forth by the Secretary or required by law; 

6 and 

7 ‘‘(F) any other relevant factors, as deter8 mined by the Secretary. 

9 ‘‘(e) PLANNING REQUIREMENTS.—A project is not eli10 gible for a grant under this section unless the project is spe11 cifically identified— 

12 ‘‘(1) on a State rail plan prepared in accordance 

13 with chapter 227; or 

14 ‘‘(2) if the project is located on the Northeast 

15 Corridor, on the Northeast Corridor Capital Invest16 ment Plan developed pursuant to section 24904(a). 

17 ‘‘(f) NORTHEAST CORRIDOR PROJECTS.— 

18 ‘‘(1) COMPLIANCE WITH USAGE AGREEMENTS.— 

19 Grant funds may not be provided under this section 

20 to an eligible recipient for an eligible project located 

21 on the Northeast Corridor unless Amtrak and the 

22 public authorities providing commuter rail passenger 

23 transportation on the Northeast Corridor are in com24 pliance with section 24905(c)(2). 


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1 ‘‘(2) CAPITAL INVESTMENT PLAN.—When select2 ing projects located on the Northeast Corridor, the 

3 Secretary shall consider the appropriate sequence and 

4 phasing of projects as contained in the Northeast Cor5 ridor Capital Investment Plan developed pursuant to 

6 section 24904(a). 

7 ‘‘(g) FEDERAL SHARE OF TOTAL PROJECT COSTS.— 

8 ‘‘(1) TOTAL PROJECT COST.—The Secretary shall 

9 estimate the total cost of a project under this section 

10 based on the best available information, including en11 gineering studies, studies of economic feasibility, envi12 ronmental analyses, and information on the expected 

13 use of equipment or facilities. 

14 ‘‘(2) FEDERAL SHARE.—The Federal share of 

15 total costs for a project under this subsection shall not 

16 exceed 80 percent. 

17 ‘‘(3) TREATMENT OF AMTRAK REVENUE.—If Am18 trak or another rail passenger carrier is an applicant 

19 under this section, Amtrak or the other rail passenger 

20 carrier, as applicable, may use ticket and other reve21 nues generated from its operations and other sources 

22 to satisfy the non-Federal share requirements. 

23 ‘‘(h) LETTERS OF INTENT.— 

24 ‘‘(1) IN GENERAL.—The Secretary may issue a 

25 letter of intent to a grantee under this section that— 


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1 ‘‘(A) announces an intention to obligate, for 

2 a major capital project under this section, an 

3 amount from future available budget authority 

4 specified in law that is not more than the 

5 amount stipulated as the financial participation 

6 of the Secretary in the project; and 

7 ‘‘(B) states that the contingent commit8 ment— 

9 ‘‘(i) is not an obligation of the Federal 

10 Government; and 

11 ‘‘(ii) is subject to the availability of 

12 appropriations under Federal law and to 

13 Federal laws in force or enacted after the 

14 date of the contingent commitment. 

15 ‘‘(2) CONGRESSIONAL NOTIFICATION.— 

16 ‘‘(A) IN GENERAL.—Not later than 30 days 

17 before issuing a letter under paragraph (1), the 

18 Secretary shall submit written notification to— 

19 ‘‘(i) the Committee on Commerce, 

20 Science, and Transportation of the Senate; 

21 ‘‘(ii) the Committee on Appropriations 

22 of the Senate; 

23 ‘‘(iii) the Committee on Transpor24 tation and Infrastructure of the House of 

25 Representatives; and 


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1 ‘‘(iv) the Committee on Appropriations 

2 of the House of Representatives. 

3 ‘‘(B) CONTENTS.—The notification sub4 mitted pursuant to subparagraph (A) shall in5 clude— 

6 ‘‘(i) a copy of the proposed letter or 

7 agreement; 

8 ‘‘(ii) the criteria used under subsection 

9 (d) for selecting the project for a grant 

10 award; and 

11 ‘‘(iii) a description of how the project 

12 meets such criteria. 

13 ‘‘(3) APPROPRIATIONS REQUIRED.—An obliga14 tion or administrative commitment may be made 

15 under this section only when amounts are appro16 priated for such purpose. 

17 ‘‘(i) AVAILABILITY.—Amounts appropriated for car18 rying out this section shall remain available until ex19 pended. 

20 ‘‘(j) GRANT CONDITIONS.—Except as specifically pro21 vided in this section, the use of any amounts appropriated 

22 for grants under this section shall be subject to the require23 ments under this chapter.’’. 


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1 (b) CONFORMING AMENDMENT.—The table of contents 

2 for chapter 244 is amended by inserting after the item relat3 ing to section 24406 the following: 

‘‘24407. Federal-State partnership for state of good repair.’’. 

4 SEC. 303. LARGE CAPITAL PROJECT REQUIREMENTS. 

5 Section 24402 is amended by adding at the end the 

6 following: 

7 ‘‘(m) LARGE CAPITAL PROJECT REQUIREMENTS.— 

8 ‘‘(1) IN GENERAL.—For a grant awarded under 

9 this chapter for an amount in excess of 

10 $1,000,000,000, the following conditions shall apply: 

11 ‘‘(A) The Secretary of Transportation may 

12 not obligate any funding unless the applicant 

13 demonstrates, to the satisfaction of the Secretary, 

14 that the applicant has committed, and will be 

15 able to fulfill, the non-Federal share required for 

16 the grant within the applicant’s proposed project 

17 completion timetable. 

18 ‘‘(B) The Secretary may not obligate any 

19 funding for work activities that occur after the 

20 completion of final design unless— 

21 ‘‘(i) the applicant submits a financial 

22 plan to the Secretary that generally identi23 fies the sources of the non-Federal funding 

24 required for any subsequent segments or 

25 phases of the corridor service development 


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1 program covering the project for which the 

2 grant is awarded; 

3 ‘‘(ii) the grant will result in a useable 

4 segment, a transportation facility, or equip5 ment, that has operational independence or 

6 is financially sustainable; and 

7 ‘‘(iii) the intercity passenger rail bene8 fits anticipated to result from the grant, 

9 such as increased speed, improved on-time 

10 performance, reduced trip time, increased 

11 frequencies, new service, safety improve12 ments, improved accessibility, or other sig13 nificant enhancements, are detailed by the 

14 grantee and approved by the Secretary. 

15 ‘‘(C)(i) The Secretary shall ensure that the 

16 project is maintained to the level of utility that 

17 is necessary to support the benefits approved 

18 under subparagraph (B)(iii) for a period of 20 

19 years from the date on which the useable seg20 ment, transportation facility, or equipment de21 scribed in subparagraph (B)(ii) is placed in 

22 service. 

23 ‘‘(ii) If the project property is not main24 tained as required under clause (i) for a 12- 

25 month period, the grant recipient shall refund a 


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1 pro-rata share of the Federal contribution, based 

2 upon the percentage remaining of the 20-year pe3 riod that commenced when the project property 

4 was placed in service. 

5 ‘‘(2) EARLY WORK.—The Secretary may allow a 

6 grantee subject to this subsection to engage in at-risk 

7 work activities subsequent to the conclusion of final 

8 design if the Secretary determines that such work ac9 tivities are reasonable and necessary.’’. 

10 SEC. 304. SMALL BUSINESS PARTICIPATION STUDY. 

11 (a) STUDY.—The Secretary shall conduct a nationwide 

12 disparity and availability study on the availability and use 

13 of small business concerns owned and controlled by socially 

14 and economically disadvantaged individuals and veteran15 owned small businesses in publicly funded intercity pas16 senger rail service projects. 

17 (b) REPORT.—Not later than 4 years after the date 

18 of enactment of this Act, the Secretary shall submit a report 

19 containing the results of the study conducted under sub20 section (a) to the Committee on Commerce, Science, and 

21 Transportation of the Senate and the Committee on Trans22 portation and Infrastructure of the House of Representa23 tives. 

24 (c) DEFINITIONS.—In this section: 


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1 (1) SMALL BUSINESS CONCERN.—The term 

2 ‘‘small business concern’’ has the meaning given such 

3 term in section 3 of the Small Business Act (15 

4 U.S.C. 632), except that the term does not include 

5 any concern or group of concerns controlled by the 

6 same socially and economically disadvantaged indi7 vidual or individuals that have average annual gross 

8 receipts during the preceding 3 fiscal years in excess 

9 of $22,410,000, as adjusted annually by the Secretary 

10 for inflation. 

11 (2) SOCIALLY AND ECONOMICALLY DISADVAN12 TAGED INDIVIDUAL.—The term ‘‘socially and eco13 nomically disadvantaged individual’’ has the mean14 ing given such term in section 8(d) of the Small Busi15 ness Act (15 U.S.C. 637(d)) and relevant subcon16 tracting regulations issued pursuant to such Act, ex17 cept that women shall be presumed to be socially and 

18 economically disadvantaged individuals for purposes 

19 of this section. 

20 (3) VETERAN-OWNED SMALL BUSINESS.—The 

21 term ‘‘veteran-owned small business’’ has the meaning 

22 given the term ‘‘small business concern owned and 

23 controlled by veterans’’ in section 3(q)(3) of the Small 

24 Business Act (15 U.S.C. 632(q)(3)), except that the 

25 term does not include any concern or group of conVerDate Sep 11 2014 22:39 May 16, 2016 Jkt 059200 PO 00000 Frm 00297 Fmt 6652 Sfmt 6203 E:\BILLS\S1626.RS S1626

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1 cerns controlled by the same veterans that have aver2 age annual gross receipts during the preceding 3 fis3 cal years in excess of $22,410,000, as adjusted annu4 ally by the Secretary for inflation. 

5 SEC. 305. GULF COAST RAIL SERVICE WORKING GROUP. 

6 (a) IN GENERAL.—Not later than 90 days after the 

7 date of enactment of this Act, the Secretary shall convene 

8 a working group to evaluate the restoration of intercity rail 

9 passenger service in the Gulf Coast region between New Or10 leans, Louisiana, and Orlando, Florida. 

11 (b) MEMBERSHIP.—The working group convened pur12 suant to subsection (a) shall consist of representatives of— 

13 (1) the Federal Railroad Administration, which 

14 shall serve as chair of the working group; 

15 (2) Amtrak; 

16 (3) the States along the proposed route or routes; 

17 (4) regional transportation planning organiza18 tions and metropolitan planning organizations, mu19 nicipalities, and communities along the proposed 

20 route or routes, which shall be selected by the Admin21 istrator; 

22 (5) the Southern Rail Commission; 

23 (6) freight railroad carriers whose tracks may be 

24 used for such service; and 


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1 (7) other entities determined appropriate by the 

2 Secretary, which may include independent passenger 

3 rail operators that express an interest in Gulf Coast 

4 service. 

5 (c) RESPONSIBILITIES.—The working group shall— 

6 (1) evaluate all options for restoring intercity 

7 rail passenger service in the Gulf Coast region, in8 cluding options outlined in the report transmitted to 

9 Congress pursuant to section 226 of the Passenger 

10 Rail Investment and Improvement Act of 2008 (divi11 sion B of Public Law 110–432); 

12 (2) select a preferred option for restoring such 

13 service; 

14 (3) develop a prioritized inventory of capital 

15 projects and other actions required to restore such 

16 service and cost estimates for such projects or actions; 

17 and 

18 (4) identify Federal and non-Federal funding 

19 sources required to restore such service, including op20 tions for entering into public-private partnerships to 

21 restore such service. 

22 (d) REPORT.—Not later than 9 months after the date 

23 of enactment of this Act, the working group shall submit 

24 a report to the Committee on Commerce, Science, and 

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1 portation and Infrastructure of the House of Representa2 tives that includes— 

3 (1) the preferred option selected under subsection 

4 (c)(2) and the reasons for selecting such option; 

5 (2) the information described in subsection 

6 (c)(3); 

7 (3) the funding sources identified under sub8 section (c)(4); 

9 (4) the costs and benefits of restoring intercity 

10 rail passenger transportation in the region; and 

11 (5) any other information the working group de12 termines appropriate. 

13 SEC. 306. INTEGRATED PASSENGER RAIL WORKING GROUP. 

14 (a) IN GENERAL.—Not later than 180 days after the 

15 date of enactment of this Act, the Secretary shall convene 

16 a working group to review issues relating to— 

17 (1) the potential operation of State-supported 

18 routes by rail passenger carriers other than Amtrak; 

19 and 

20 (2) their role in establishing an integrated inter21 city passenger rail network in the United States. 

22 (b) MEMBERSHIP.—The working group shall consist of 

23 a balanced representation of— 

24 (1) the Federal Railroad Administration, who 

25 shall chair the Working Group; 


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1 (2) States that fund State-sponsored routes; 

2 (3) independent passenger rail operators, includ3 ing those that carry at least 5,000,000 passengers an4 nually in United States or international rail service; 

5 (4) Amtrak; 

6 (5) railroads that host intercity State-supported 

7 routes; 

8 (6) employee representatives from railroad 

9 unions and building trade unions with substantial 

10 engagement in railroad rights of way construction 

11 and maintenance; and 

12 (7) other entities determined appropriate by the 

13 Secretary. 

14 (c) RESPONSIBILITIES.—The working group shall 

15 evaluate options for improving State-supported routes and 

16 may make recommendations, as appropriate, regarding— 

17 (1) best practices for State or State authority 

18 governance of State-supported routes; 

19 (2) future sources of Federal and non-Federal 

20 funding sources for State-supported routes; 

21 (3) best practices in obtaining passenger rail op22 erations and services on a competitive basis with the 

23 objective of creating the highest quality service at the 

24 lowest cost to the taxpayer; 


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1 (4) ensuring potential interoperability of State2 supported routes as a part of a national network with 

3 multiple providers providing integrated services in4 cluding ticketing, scheduling, and route planning; 

5 and 

6 (5) the interface between State-supported routes 

7 and connecting commuter rail operations, including 

8 maximized intra-modal and intermodal connections 

9 and common sources of funding for capital projects. 

10 (d) MEETINGS.—Not later than 60 days after the es11 tablishment of the working group by the Secretary under 

12 subsection (a), the working group shall convene an organi13 zational meeting outside of the District of Columbia and 

14 shall define the rules and procedures governing the pro15 ceedings of the working group. The working group shall hold 

16 at least 3 meetings per year in States that fund State-sup17 ported routes. 

18 (e) REPORTS.— 

19 (1) PRELIMINARY REPORT.—Not later than 1 

20 year after the date the working group is established, 

21 the working group shall submit a preliminary report 

22 to the Secretary, the Governors of States funding 

23 State-supported routes, the Committee on Commerce, 

24 Science, and Transportation of the Senate, and the 


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1 Committee on Transportation and Infrastructure of 

2 the House of Representatives that includes— 

3 (A) administrative recommendations that 

4 can be implemented by a State and State au5 thority or by the Secretary; and 

6 (B) preliminary legislative recommenda7 tions. 

8 (2) FINAL LEGISLATIVE RECOMMENDATIONS.— 

9 Not later than 2 years after the date the working 

10 group is established, the working group shall submit 

11 a report to the Committee on Commerce, Science, and 

12 Transportation of the Senate and the Committee on 

13 Transportation and Infrastructure of the House of 

14 Representatives that includes final legislative rec15 ommendations. 

16 SEC. 307. SHARED-USE STUDY. 

17 (a) IN GENERAL.—Not later than 3 years after the 

18 date of enactment of this Act, the Secretary, in consultation 

19 with Amtrak, commuter rail authorities, and other pas20 senger rail operators, railroad carriers that own rail infra21 structure over which both passenger and freight trains oper22 ate, States, the Surface Transportation Board, the North23 east Corridor Commission established under section 24905, 

24 the State-Supported Route Committee established under sec25 tion 24712, and groups representing rail passengers and 


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1 customers, as appropriate, shall complete a study that eval2 uates— 

3 (1) the shared use of right-of-way by passenger 

4 and freight rail systems; and 

5 (2) the operational, institutional, and legal 

6 structures that would best support improvements to 

7 the systems referred to in paragraph (1). 

8 (b) AREAS OF STUDY.—In conducting the study under 

9 subsection (a), the Secretary shall evaluate— 

10 (1) the access and use of railroad right-of-way by 

11 a rail carrier that does not own the right-of-way, such 

12 as passenger rail services that operate over privately13 owned right-of-way, including an analysis of— 

14 (A) access agreements; 

15 (B) costs of access; and 

16 (C) the resolution of disputes relating to 

17 such access or costs; 

18 (2) the effectiveness of existing contractual, statu19 tory, and regulatory mechanisms for establishing, 

20 measuring, and enforcing train performance stand21 ards, including— 

22 (A) the manner in which passenger train 

23 delays are recorded; 

24 (B) the assignment of responsibility for such 

25 delays; and 


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1 (C) the use of incentives and penalties for 

2 performance; 

3 (3) strengths and weaknesses in the existing 

4 mechanisms described in paragraph (2) and possible 

5 approaches to address the weaknesses; 

6 (4) mechanisms for measuring and maintaining 

7 public benefits resulting from publicly funded freight 

8 or passenger rail improvements, including improve9 ments directed towards shared-use right-of-way by 

10 passenger and freight rail; 

11 (5) approaches to operations, capacity, and cost 

12 estimation modeling that— 

13 (A) allows for transparent decisionmaking; 

14 and 

15 (B) protects the proprietary interests of all 

16 parties; 

17 (6) liability requirements and arrangements, in18 cluding— 

19 (A) whether to expand statutory liability 

20 limits to additional parties; 

21 (B) whether to revise the current statutory 

22 liability limits; 

23 (C) whether current insurance levels of pas24 senger rail operators are adequate and whether 


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1 to establish minimum insurance requirements for 

2 such passenger rail operators; and 

3 (D) whether to establish a liability regime 

4 modeled after section 170 of the Atomic Energy 

5 Act of 1954 (42 U.S.C. 2210); 

6 (7) the effect on rail passenger services, oper7 ations, liability limits and insurance levels of the as8 sertion of sovereign immunity by a State; and 

9 (8) other issues identified by the Secretary. 

10 (c) REPORT.—Not later than 60 days after the study 

11 under subsection (a) is complete, the Secretary shall submit 

12 to the Committee on Commerce, Science, and Transpor13 tation of the Senate and the Committee on Transportation 

14 and Infrastructure of the House of Representatives a report 

15 that includes— 

16 (1) the results of the study; and 

17 (2) any recommendations for further action, in18 cluding any legislative proposals consistent with such 

19 recommendations. 

20 (d) IMPLEMENTATION.—The Secretary shall integrate 

21 the recommendations submitted under subsection (c) into 

22 its financial assistance programs under subtitle V of title 

23 49, United States Code, and section 502 of the Railroad 

24 Revitalization and Regulatory Reform Act of 1976 (45 

25 U.S.C. 822), as appropriate. 


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1 SEC. 308. NORTHEAST CORRIDOR COMMISSION. 

2 (a) COMPOSITION.—Section 24905(a) is amended— 

3 (1) in paragraph (1)— 

4 (A) in the matter preceding subparagraph 

5 (A), by inserting ‘‘, infrastructure investments,’’ 

6 after ‘‘rail operations’’; 

7 (B) by amending subparagraph (B) to read 

8 as follows: 

9 ‘‘(B) members representing the Department of 

10 Transportation, including the Office of the Secretary, 

11 the Federal Railroad Administration, and the Federal 

12 Transit Administration;’’; and 

13 (C) in subparagraph (D) by inserting ‘‘and 

14 commuter’’ after ‘‘freight’’; and 

15 (2) by amending paragraph (6) to read as fol16 lows: 

17 ‘‘(6) The members of the Commission shall elect 

18 co-chairs consisting of 1 member described in para19 graph (1)(B) and 1 member described in paragraph 

20 (1)(C).’’. 

21 (b) STATEMENT OF GOALS AND RECOMMENDATIONS.— 

22 Section 24905(b) is amended— 

23 (1) in paragraph (1), by inserting ‘‘and periodi24 cally update’’ after ‘‘develop’’; 

25 (2) in paragraph (2)(A), by striking ‘‘beyond 

26 those specified in the state of good repair plan under 


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1 section 211 of the Passenger Rail Investment and Im2 provement Act of 2008’’; and 

3 (3) by adding at the end the following: 

4 ‘‘(3) SUBMISSION OF STATEMENT OF GOALS, 

5 RECOMMENDATIONS, AND PERFORMANCE REPORTS.— 

6 The Commission shall submit to the Committee on 

7 Commerce, Science, and Transportation of the Senate 

8 and the Committee on Transportation and Infrastruc9 ture of the House of Representatives— 

10 ‘‘(A) any updates made to the statement of 

11 goals developed under paragraph (1) not later 

12 than 60 days after such updates are made; and 

13 ‘‘(B) annual performance reports and rec14 ommendations for improvements, as appropriate, 

15 issued not later than March 31 of each year, for 

16 the prior fiscal year, which summarize— 

17 ‘‘(i) the operations and performance of 

18 commuter, intercity, and freight rail trans19 portation along the Northeast Corridor; and 

20 ‘‘(ii) the delivery of the capital plan 

21 described in section 24904.’’. 

22 (c) COST ALLOCATION POLICY.—Section 24905(c) is 

23 amended— 

24 (1) in the subsection heading, by striking ‘‘AC25 CESS COSTS’’ and inserting ‘‘ALLOCATION OF COSTS’’; 


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1 (2) in paragraph (1)— 

2 (A) in the paragraph heading, by striking 

3 ‘‘FORMULA’’ and inserting ‘‘POLICY’’; 

4 (B) in the matter preceding subparagraph 

5 (A), by striking ‘‘Within 2 years after the date 

6 of enactment of the Passenger Rail Investment 

7 and Improvement Act of 2008, the Commission’’ 

8 and inserting ‘‘The Commission’’; 

9 (C) in subparagraph (A), by striking ‘‘for10 mula’’ and inserting ‘‘policy’’; and 

11 (D) by striking subparagraph (B) through 

12 (D) and inserting the following: 

13 ‘‘(B) develop a proposed timetable for im14 plementing the policy; 

15 ‘‘(C) submit the policy and timetable devel16 oped under subparagraph (B) to the Surface 

17 Transportation Board, the Committee on Com18 merce, Science, and Transportation of the Sen19 ate, and the Committee on Transportation and 

20 Infrastructure of the House of Representatives; 

21 ‘‘(D) not later than October 1, 2015, adopt 

22 and implement the policy in accordance with the 

23 timetable; and 

24 ‘‘(E) with the consent of a majority of its 

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1 face Transportation Board to appoint a medi2 ator to assist the Commission members through 

3 nonbinding mediation to reach an agreement 

4 under this section.’’; 

5 (3) in paragraph (2)— 

6 (A) by striking ‘‘formula proposed in’’ and 

7 inserting ‘‘policy developed under’’; and 

8 (B) in the second sentence— 

9 (i) by striking ‘‘the timetable, the Com10 mission shall petition the Surface Transpor11 tation Board to’’ and inserting ‘‘paragraph 

12 (1)(D) or fail to comply with the policy 

13 thereafter, the Surface Transportation 

14 Board shall’’; and 

15 (ii) by striking ‘‘amounts for such serv16 ices in accordance with section 24904(c) of 

17 this title’’ and inserting ‘‘for such usage in 

18 accordance with the procedures and proce19 dural schedule applicable to a proceeding 

20 under section 24903(c), after taking into 

21 consideration the policy developed under 

22 paragraph (1)(A), as applicable’’; 

23 (4) in paragraph (3), by striking ‘‘formula’’ and 

24 inserting ‘‘policy’’; and 

25 (5) by adding at the end the following: 


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1 ‘‘(4) REQUEST FOR DISPUTE RESOLUTION.—If a 

2 dispute arises with the implementation of, or compli3 ance with, the policy developed under paragraph (1), 

4 the Commission, Amtrak, or public authorities pro5 viding commuter rail passenger transportation on the 

6 Northeast Corridor may request that the Surface 

7 Transportation Board conduct dispute resolution. The 

8 Surface Transportation Board shall establish proce9 dures for resolution of disputes brought before it 

10 under this paragraph, which may include the provi11 sion of professional mediation services.’’. 

12 (d) CONFORMING AMENDMENTS.—Section 24905 is 

13 amended— 

14 (1) by striking subsection (d); 

15 (2) by redesignating subsections (e) and (f) as 

16 subsections (d) and (e), respectively; 

17 (3) in subsection (d), as redesignated, by striking 

18 ‘‘to the Commission such sums as may be necessary 

19 for the period encompassing fiscal years 2009 through 

20 2013 to carry out this section’’ and inserting ‘‘to the 

21 Secretary for the use of the Commission and the 

22 Northeast Corridor Safety Committee such sums as 

23 may be necessary to carry out this section during fis24 cal year 2016 through 2019, in addition to amounts 


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1 withheld under section 101(e) of the Railroad Reform, 

2 Enhancement, and Efficiency Act’’; and 

3 (4) in subsection (e)(2), as redesignated, by strik4 ing ‘‘on the main line.’’ and inserting ‘‘on the main 

5 line and meet annually with the Commission on the 

6 topic of Northeast Corridor safety and security.’’. 

7 (e) NORTHEAST CORRIDOR PLANNING.— 

8 (1) AMENDMENT.—Chapter 249 is amended— 

9 (A) by redesignating section 24904 as sec10 tion 24903; and 

11 (B) by inserting after section 24903, as re12 designated, the following: 

13 ‘‘§ 24904. Northeast Corridor planning 

14 ‘‘(a) NORTHEAST CORRIDOR CAPITAL INVESTMENT

15 PLAN.— 

16 ‘‘(1) REQUIREMENT.—Not later than May 1 of 

17 each year, the Northeast Corridor Commission estab18 lished under section 24905 (referred to in this section 

19 as the ‘Commission’) shall— 

20 ‘‘(A) develop a capital investment plan for 

21 the Northeast Corridor main line between Bos22 ton, Massachusetts, and the Virginia Avenue 

23 interlocking in the District of Columbia, and the 

24 Northeast Corridor branch lines connecting to 

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1 chusetts, and Spuyten Duyvil, New York, includ2 ing the facilities and services used to operate and 

3 maintain those lines; and 

4 ‘‘(B) submit the capital investment plan to 

5 the Secretary of Transportation and the Com6 mittee on Commerce, Science, and Transpor7 tation of the Senate and the Committee on 

8 Transportation and Infrastructure of the House 

9 of Representatives. 

10 ‘‘(2) CONTENTS.—The capital investment plan 

11 shall— 

12 ‘‘(A) reflect coordination and network opti13 mization across the entire Northeast Corridor; 

14 ‘‘(B) integrate the individual capital and 

15 service plans developed by each operator using 

16 the methods described in the cost allocation pol17 icy developed under section 24905(c); 

18 ‘‘(C) cover a period of 5 fiscal years, begin19 ning with the first fiscal year after the date on 

20 which the plan is completed; 

21 ‘‘(D) notwithstanding section 24902(b), 

22 identify, prioritize, and phase the implementa23 tion of projects and programs to achieve the serv24 ice outcomes identified in the Northeast Corridor 

25 service development plan and the asset condition 


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1 needs identified in the Northeast Corridor asset 

2 management plans, once available, and con3 sider— 

4 ‘‘(i) the benefits and costs of capital in5 vestments in the plan; 

6 ‘‘(ii) project and program readiness; 

7 ‘‘(iii) the operational impacts; and 

8 ‘‘(iv) funding availability; 

9 ‘‘(E) categorize capital projects and pro10 grams as primarily associated with; 

11 ‘‘(i) normalized capital replacement 

12 and basic infrastructure renewals; 

13 ‘‘(ii) replacement or rehabilitation of 

14 major Northeast Corridor infrastructure as15 sets, including tunnels, bridges, stations, 

16 and other assets; 

17 ‘‘(iii) statutory, regulatory, or other 

18 legal mandates; 

19 ‘‘(iv) improvements to support service 

20 enhancements or growth; or 

21 ‘‘(v) strategic initiatives that will im22 prove overall operational performance or 

23 lower costs; 


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1 ‘‘(F) identify capital projects and programs 

2 that are associated with more than 1 category 

3 described in subparagraph (E); 

4 ‘‘(G) describe the anticipated outcomes of 

5 each project or program, including an assess6 ment of— 

7 ‘‘(i) the potential effect on passenger 

8 accessibility, operations, safety, reliability, 

9 and resiliency; 

10 ‘‘(ii) the ability of infrastructure own11 ers and operators to meet regulatory re12 quirements if the project or program is not 

13 funded; and 

14 ‘‘(iii) the benefits and costs; and 

15 ‘‘(H) include a financial plan. 

16 ‘‘(3) FINANCIAL PLAN.—The financial plan 

17 under paragraph (2)(H) shall— 

18 ‘‘(A) identify funding sources and financing 

19 methods; 

20 ‘‘(B) identify the expected allocated shares 

21 of costs pursuant to the cost allocation policy de22 veloped under section 24905(c); 

23 ‘‘(C) identify the projects and programs 

24 that the Commission expects will receive Federal 

25 financial assistance; and 


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1 ‘‘(D) identify the eligible entity or entities 

2 that the Commission expects will receive the Fed3 eral financial assistance described under sub4 paragraph (C). 

5 ‘‘(b) FAILURE TO DEVELOP A CAPITAL INVESTMENT

6 PLAN.—If a capital investment plan has not been developed 

7 by the Commission for a given fiscal year, then the funds 

8 assigned to the account established under section 24319(b) 

9 for that fiscal year may be spent only on— 

10 ‘‘(1) capital projects described in clause (i) or 

11 (iii) of subsection (a)(2)(E) of this section; or 

12 ‘‘(2) capital projects described in subsection 

13 (a)(2)(E)(iv) of this section that are for the sole ben14 efit of Amtrak. 

15 ‘‘(c) NORTHEAST CORRIDOR ASSET MANAGEMENT.— 

16 ‘‘(1) CONTENTS.—With regard to its infrastruc17 ture, Amtrak and each State and public transpor18 tation entity that owns infrastructure that supports 

19 or provides for intercity rail passenger transportation 

20 on the Northeast Corridor shall develop an asset man21 agement system and develop and update, as nec22 essary, a Northeast Corridor asset management plan 

23 for each service territory described in subsection (a) 

24 that— 


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1 ‘‘(A) are consistent with the Federal Transit 

2 Administration process, as authorized under sec3 tion 5326, when implemented; and 

4 ‘‘(B) include, at a minimum— 

5 ‘‘(i) an inventory of all capital assets 

6 owned by the developer of the asset manage7 ment plan; 

8 ‘‘(ii) an assessment of asset condition; 

9 ‘‘(iii) a description of the resources 

10 and processes necessary to bring or main11 tain those assets in a state of good repair, 

12 including decision-support tools and invest13 ment prioritization methods; and 

14 ‘‘(iv) a description of changes in asset 

15 condition since the previous version of the 

16 plan. 

17 ‘‘(2) TRANSMITTAL.—Each entity described in 

18 paragraph (1) shall transmit to the Commission— 

19 ‘‘(A) not later than 2 years after the date 

20 of enactment of the Railroad Reform, Enhance21 ment, and Efficiency Act, its Northeast Corridor 

22 asset management plan developed under para23 graph (1); and 


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1 ‘‘(B) at least biennial thereafter, an update 

2 to its Northeast Corridor asset management 

3 plan. 

4 ‘‘(d) NORTHEAST CORRIDOR SERVICE DEVELOPMENT

5 PLAN UPDATES.—Not less frequently than once every 10 

6 years, the Commission shall update the Northeast Corridor 

7 service development plan.’’. 

8 (2) CONFORMING AMENDMENTS.— 

9 (A) NOTE AND MORTGAGE.—Section 

10 24907(a) is amended by striking ‘‘section 24904 

11 of this title’’ and inserting ‘‘section 24903’’. 

12 (B) TABLE OF CONTENTS AMENDMENT.— 

13 The table of contents for chapter 249 is amend14 ed— 

15 (i) by redesignating the item relating 

16 to section 24904 as relating to section 

17 24903; and 

18 (ii) by inserting after the item relating 

19 to section 24903, as redesignated, the fol20 lowing: 

‘‘24904. Northeast Corridor planning.’’. 

21 (3) REPEAL.—Section 211 of the Passenger Rail 

22 Investment and Improvement Act of 2008 (division B 

23 of Public Law 110–432; 49 U.S.C. 24902 note) is re24 pealed. 


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1 SEC. 309. NORTHEAST CORRIDOR THROUGH-TICKETING 

2 AND PROCUREMENT EFFICIENCIES. 

3 (a) THROUGH-TICKETING STUDY.— 

4 (1) IN GENERAL.—Not later than 3 years after 

5 the date of enactment of this Act, the Northeast Cor6 ridor Commission established under section 24905(a) 

7 of title 49, United States Code (referred to in this sec8 tion as the ‘‘Commission’’), in consultation with Am9 trak and the commuter rail passenger transportation 

10 providers along the Northeast Corridor shall complete 

11 a study on the feasibility of and options for permit12 ting through-ticketing between Amtrak service and 

13 commuter rail services on the Northeast Corridor. 

14 (2) CONTENTS.—In completing the study under 

15 paragraph (1), the Northeast Corridor Commission 

16 shall— 

17 (A) examine the current state of intercity 

18 and commuter rail ticketing technologies, poli19 cies, and other relevant aspects on the Northeast 

20 Corridor; 

21 (B) consider and recommend technology, 

22 process, policy, or other options that would per23 mit through-ticketing to allow intercity and com24 muter rail passengers to purchase, in a single 

25 transaction, travel that utilizes Amtrak and con26 necting commuter rail services; 


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1 (C) consider options to expand through2 ticketing to include local transit services; 

3 (D) summarize costs, benefits, opportunities, 

4 and impediments to developing such through5 ticketing options; and 

6 (E) develop a proposed methodology, includ7 ing cost and schedule estimates, for carrying out 

8 a pilot program on through-ticketing on the 

9 Northeast Corridor. 

10 (3) REPORT.—Not later than 60 days after the 

11 date the study under paragraph (1) is complete, the 

12 Commission shall submit to the Committee on Com13 merce, Science, and Transportation of the Senate and 

14 the Committee on Transportation and Infrastructure 

15 of the House of Representatives a report that in16 cludes— 

17 (A) the results of the study; and 

18 (B) any recommendations for further ac19 tion. 

20 (b) JOINT PROCUREMENT STUDY.— 

21 (1) IN GENERAL.—Not later than 3 years after 

22 the date of enactment of this Act, the Secretary, in co23 operation with the Commission, Amtrak, and com24 muter rail transportation authorities on the Northeast 

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1 fits resulting from Amtrak and such authorities un2 dertaking select joint procurements for common mate3 rials, assets, and equipment when expending Federal 

4 funds for such purchases. 

5 (2) CONTENTS.—In completing the study under 

6 paragraph (1), the Secretary shall consider— 

7 (A) the types of materials, assets, and 

8 equipment that are regularly purchased by Am9 trak and such authorities that are similar and 

10 could be jointly procured; 

11 (B) the potential benefits of such joint pro12 curements, including lower procurement costs, 

13 better pricing, greater market relevancy, and 

14 other efficiencies; 

15 (C) the potential costs of such joint procure16 ments; 

17 (D) any significant impediments to under18 taking joint procurements, including any nec19 essary harmonization and reconciliation of Fed20 eral and State procurement or safety regulations 

21 or standards and other requirements; and 

22 (E) whether to create Federal incentives or 

23 requirements relating to considering or carrying 

24 out joint procurements when expending Federal 

25 funds. 


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1 (3) TRANSMISSION.—Not later than 60 days 

2 after completing the study required under this sub3 section, the Secretary shall submit to the Committee 

4 on Commerce, Science, and Transportation of the 

5 Senate and the Committee on Transportation and In6 frastructure of the House of Representatives a report 

7 that includes— 

8 (A) the results of the study; and 

9 (B) any recommendations for further ac10 tion. 

11 (c) NORTHEAST CORRIDOR.—In this section, the term 

12 ‘‘Northeast Corridor’’ means the Northeast Corridor main 

13 line between Boston, Massachusetts, and the Virginia Ave14 nue interlocking in the District of Columbia, and the North15 east Corridor branch lines connecting to Harrisburg, Penn16 sylvania, Springfield, Massachusetts, and Spuyten Duyvil, 

17 New York, including the facilities and services used to oper18 ate and maintain those lines. 

19 SEC. 310. DATA AND ANALYSIS. 

20 (a) DATA.—Not later than 3 years after the date of 

21 enactment of this Act, the Secretary, in consultation with 

22 the Surface Transportation Board, Amtrak, freight rail23 roads, State and local governments, and regional business, 

24 tourism and economic development agencies shall conduct 

25 a data needs assessment— 


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1 (1) to support the development of an efficient 

2 and effective intercity passenger rail network; 

3 (2) to identify the data needed to conduct cost4 effective modeling and analysis for intercity passenger 

5 rail development programs; 

6 (3) to determine limitations to the data used for 

7 inputs; 

8 (4) to develop a strategy to address such limita9 tions; 

10 (5) to identify barriers to accessing existing 

11 data; 

12 (6) to develop recommendations regarding wheth13 er the authorization of additional data collection for 

14 intercity passenger rail travel is warranted; and 

15 (7) to determine which entities will be respon16 sible for generating or collecting needed data. 

17 (b) BENEFIT-COST ANALYSIS.—Not later than 180 

18 days after the date of enactment of this Act, the Secretary 

19 shall enhance the usefulness of assessments of benefits and 

20 costs, for intercity passenger rail and freight rail projects— 

21 (1) by providing ongoing guidance and training 

22 on developing benefit and cost information for rail 

23 projects; 

24 (2) by providing more direct and consistent re25 quirements for assessing benefits and costs across 


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1 transportation funding programs, including the ap2 propriate use of discount rates; 

3 (3) by requiring applicants to clearly commu4 nicate the methodology used to calculate the project 

5 benefits and costs, including non-proprietary infor6 mation on— 

7 (A) assumptions underlying calculations; 

8 (B) strengths and limitations of data used; 

9 and 

10 (C) the level of uncertainty in estimates of 

11 project benefits and costs; and 

12 (4) by ensuring that applicants receive clear and 

13 consistent guidance on values to apply for key as14 sumptions used to estimate potential project benefits 

15 and costs. 

16 (c) CONFIDENTIAL DATA.—The Secretary shall protect 

17 sensitive or confidential to the greatest extent permitted by 

18 law. Nothing in this section shall require any entity to pro19 vide information to the Secretary in the absence of a vol20 untary agreement. 

21 SEC. 311. DISASTER RELIEF. 

22 (a) MAJOR DISASTER ASSISTANCE PROGRAMS.—Sec23 tion 406(a) of the Robert T. Stafford Disaster Relief and 

24 Emergency Assistance Act (42 U.S.C. 5172(a)) is amend25 ed— 


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1 (1) in paragraph (1)— 

2 (A) in subparagraph (A), by striking ‘‘and’’ 

3 at the end; 

4 (B) in subparagraph (B), by striking the 

5 period at the end and inserting ‘‘; and’’; and 

6 (C) by adding at the end the following: 

7 ‘‘(C) to entities that receive Federal Govern8 ment grants to provide critical services for the 

9 repair, restoration, reconstruction, or replace10 ment of infrastructure, facilities, and equipment 

11 that— 

12 ‘‘(i) are owned or operated for the pur13 poses of providing critical services; and 

14 ‘‘(ii) are damaged or destroyed by a 

15 major disaster.’’; and 

16 (2) in paragraph (3)(B)— 

17 (A) by striking ‘‘this paragraph’’ and in18 serting ‘‘this subsection’’; and 

19 (B) by inserting ‘‘transportation,’’ after 

20 ‘‘education,’’. 

21 (b) DEBRIS REMOVAL.—Section 407(a)(2) of such Act 

22 (42 U.S.C. 5173(a)(2)) is amended by inserting ‘‘entity that 

23 receives Federal Government grants to provide critical serv24 ices (as defined in section 5172(a)(3)(B))’’ after ‘‘govern25 ment’’. 


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1 SEC. 312. PERFORMANCE-BASED PROPOSALS. 

2 (a) SOLICITATION OF PROPOSALS.— 

3 (1) IN GENERAL.—Not later than 30 days after 

4 the date of enactment of this Act, the Secretary shall 

5 issue a request for proposals for projects for the fi6 nancing, design, construction, operation, and mainte7 nance of an intercity passenger rail system, includ8 ing— 

9 (A) the Northeast Corridor; 

10 (B) the California Corridor; 

11 (C) the Empire Corridor; 

12 (D) the Pacific Northwest Corridor; 

13 (E) the South Central Corridor; 

14 (F) the Gulf Coast Corridor; 

15 (G) the Chicago Hub Network; 

16 (H) the Florida Corridor; 

17 (I) the Keystone Corridor; 

18 (J) the Northern New England Corridor; 

19 and 

20 (K) the Southeast Corridor. 

21 (2) SUBMISSION.—Proposals shall be submitted 

22 to the Secretary not later than 180 days after the 

23 publication of such request for proposals under para24 graph (1). 

25 (3) PERFORMANCE STANDARD.—Proposals sub26 mitted under paragraph (2) shall meet any standards 


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1 established by the Secretary. For corridors with exist2 ing intercity passenger rail service, proposals shall 

3 also be designed to achieve a reduction of existing 

4 minimum intercity rail service trip times between the 

5 main corridor city pairs by a minimum of 25 per6 cent. In the case of a proposal submitted with respect 

7 to paragraph (1)(A), the proposal shall be designed to 

8 achieve a 2-hour or less express service between Wash9 ington, District of Columbia, and New York City, 

10 New York. 

11 (4) CONTENTS.—A proposal submitted under 

12 this subsection shall include— 

13 (A) the names and qualifications of the per14 sons submitting the proposal and the entities 

15 proposed to finance, design, construct, operate, 

16 and maintain the railroad, railroad equipment, 

17 and related facilities, stations, and infrastruc18 ture; 

19 (B) a detailed description of the proposed 

20 rail service, including possible routes, required 

21 infrastructure investments and improvements, 

22 equipment needs and type, train frequencies, 

23 peak and average operating speeds, and trip 

24 times; 


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1 (C) a description of how the project would 

2 comply with all applicable Federal rail safety 

3 and security laws, orders, and regulations; 

4 (D) the locations of proposed stations, which 

5 maximize the usage of existing infrastructure to 

6 the extent possible, and the populations such sta7 tions are intended to serve; 

8 (E) the type of equipment to be used, in9 cluding any technologies, to achieve trip time 

10 goals; 

11 (F) a description of any proposed legisla12 tion needed to facilitate all aspects of the project; 

13 (G) a financing plan identifying— 

14 (i) projected revenue, and sources 

15 thereof; 

16 (ii) the amount of any requested public 

17 contribution toward the project, and pro18 posed sources; 

19 (iii) projected annual ridership projec20 tions for the first 10 years of operations; 

21 (iv) annual operations and capital 

22 costs; 

23 (v) the projected levels of capital in24 vestments required both initially and in 

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1 good-repair necessary to provide the ini2 tially proposed level of service or higher lev3 els of service; 

4 (vi) projected levels of private invest5 ment and sources thereof, including the 

6 identity of any person or entity that has 

7 made or is expected to make a commitment 

8 to provide or secure funding and the 

9 amount of such commitment; and 

10 (vii) projected funding for the full fair 

11 market compensation for any asset, prop12 erty right or interest, or service acquired 

13 from, owned, or held by a private person or 

14 Federal entity that would be acquired, im15 paired, or diminished in value as a result 

16 of a project, except as otherwise agreed to by 

17 the private person or entity; 

18 (H) a description of how the project would 

19 contribute to the development of the intercity 

20 passenger rail system and an intermodal plan 

21 describing how the system will facilitate conven22 ient travel connections with other transportation 

23 services; 

24 (I) a description of how the project will en25 sure compliance with Federal laws governing the 


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1 rights and status of employees associated with 

2 the route and service, including those specified in 

3 section 24405 of title 49, United States Code; 

4 (J) a description of how the design, con5 struction, implementation, and operation of the 

6 project will accommodate and allow for future 

7 growth of existing and projected intercity, com8 muter, and freight rail service; 

9 (K) a description of how the project would 

10 comply with Federal and State environmental 

11 laws and regulations, of what environmental im12 pacts would result from the project, and of how 

13 any adverse impacts would be mitigated; and 

14 (L) a description of the project’s impacts on 

15 highway and aviation congestion, energy con16 sumption, land use, and economic development 

17 in the service area. 

18 (b) DETERMINATION AND ESTABLISHMENT OF COM19 MISSIONS.—Not later than 90 days after receipt of the pro20 posals under subsection (a), the Secretary shall— 

21 (1) make a determination as to whether any such 

22 proposals— 

23 (A) contain the information required under 

24 paragraphs (3) and (4) of subsection (a); 


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1 (B) are sufficiently credible to warrant fur2 ther consideration; 

3 (C) are likely to result in a positive impact 

4 on the Nation’s transportation system; and 

5 (D) are cost-effective and in the public in6 terest; 

7 (2) establish a commission under subsection (c) 

8 for each corridor with 1 or more proposals that the 

9 Secretary determines satisfy the requirements of para10 graph (1); and 

11 (3) forward to each commission established 

12 under paragraph (2) the applicable proposals for re13 view and consideration. 

14 (c) COMMISSIONS.— 

15 (1) MEMBERS.—Each commission established 

16 under subsection (b)(2) shall include— 

17 (A) the governors of the affected States, or 

18 their respective designees; 

19 (B) mayors of appropriate municipalities 

20 with stops along the proposed corridor, or their 

21 respective designees; 

22 (C) a representative from each freight rail23 road carrier using the relevant corridor, if appli24 cable; 


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1 (D) a representative from each transit au2 thority using the relevant corridor, if applicable; 

3 (E) representatives of nonprofit employee 

4 labor organizations representing affected railroad 

5 employees; and 

6 (F) the President of Amtrak or his or her 

7 designee. 

8 (2) APPOINTMENT AND SELECTION.—The Sec9 retary shall appoint the members under paragraph 

10 (1). In selecting each commission’s members to fulfill 

11 the requirements under subparagraphs (B) and (E) of 

12 paragraph (1), the Secretary shall consult with the 

13 Chairperson and Ranking Member of the Committee 

14 on Commerce, Science, and Transportation of the 

15 Senate and of the Committee on Transportation and 

16 Infrastructure of the House of Representatives. 

17 (3) CHAIRPERSON AND VICE-CHAIRPERSON SE18 LECTION.—The Chairperson and Vice-Chairperson 

19 shall be elected from among members of each commis20 sion. 

21 (4) QUORUM AND VACANCY.— 

22 (A) QUORUM.—A majority of the members 

23 of each commission shall constitute a quorum. 

24 (B) VACANCY.—Any vacancy in each com25 mission shall not affect its powers and shall be 


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1 filled in the same manner in which the original 

2 appointment was made. 

3 (5) APPLICATION OF LAW.—Except where other4 wise provided by this section, the Federal Advisory 

5 Committee Act (5 U.S.C. App.) shall apply to each 

6 commission created under this section. 

7 (d) COMMISSION CONSIDERATION.— 

8 (1) IN GENERAL.—Each commission established 

9 under subsection (b)(2) shall be responsible for review10 ing the proposal or proposals forwarded to it under 

11 that subsection and not later than 90 days after the 

12 establishment of the commission, shall transmit to the 

13 Secretary a report, including— 

14 (A) a summary of each proposal received; 

15 (B) services to be provided under each pro16 posal, including projected ridership, revenues, 

17 and costs; 

18 (C) proposed public and private contribu19 tions for each proposal; 

20 (D) the advantages offered by the proposal 

21 over existing intercity passenger rail services; 

22 (E) public operating subsidies or assets 

23 needed for the proposed project; 

24 (F) possible risks to the public associated 

25 with the proposal, including risks associated 


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1 with project financing, implementation, comple2 tion, safety, and security; 

3 (G) a ranked list of the proposals rec4 ommended for further consideration under sub5 section (e) in accordance with each proposal’s 

6 projected positive impact on the Nation’s trans7 portation system; 

8 (H) an identification of any proposed Fed9 eral legislation that would facilitate implementa10 tion of the projects and Federal legislation that 

11 would be required to implement the projects; and 

12 (I) any other recommendations by the com13 mission concerning the proposed projects. 

14 (2) VERBAL PRESENTATION.—Proposers shall be 

15 given an opportunity to make a verbal presentation 

16 to the commission to explain their proposals. 

17 (3) AUTHORIZATION OF APPROPRIATIONS.— 

18 There is authorized to be appropriated to the Sec19 retary for the use of each commission established 

20 under subsection (b)(2) such sums as are necessary to 

21 carry out this section. 

22 (e) SELECTION BY SECRETARY.— 

23 (1) IN GENERAL.—Not later than 60 days after 

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1 sions established under subsection (b)(2), the Sec2 retary shall— 

3 (A) review such proposals and select any 

4 proposal that provides substantial benefits to the 

5 public and the national transportation system, is 

6 cost-effective, offers significant advantages over 

7 existing services, and meets other relevant factors 

8 determined appropriate by the Secretary; and 

9 (B) submit to the Committee on Commerce, 

10 Science, and Transportation of the Senate and 

11 the Committee on Transportation and Infra12 structure of the House of Representatives a re13 port containing any proposal with respect to 

14 subsection (a)(1)(A) that is selected by the Sec15 retary under subparagraph (A) of this para16 graph, all the information regarding the pro17 posal provided to the Secretary under subsection 

18 (d), and any other information the Secretary 

19 considers relevant. 

20 (2) SUBSEQUENT REPORT.—Following the sub21 mission of the report under paragraph (1)(B), the 

22 Secretary shall submit to the Committee on Com23 merce, Science, and Transportation of the Senate and 

24 the Committee on Transportation and Infrastructure 

25 of the House of Representatives a report containing 


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1 any proposal with respect to subparagraphs (B) 

2 through (K) of subsection (a)(1) that are selected by 

3 the Secretary under paragraph (1) of this subsection, 

4 all the information regarding the proposal provided 

5 to the Secretary under subsection (d), and any other 

6 information the Secretary considers relevant. 

7 (3) LIMITATION ON REPORT SUBMISSION.—The 

8 report required under paragraph (2) shall not be sub9 mitted by the Secretary until the report submitted 

10 under paragraph (1)(B) has been considered through 

11 a hearing by the Committee on Commerce, Science, 

12 and Transportation of the Senate and the Committee 

13 on Transportation and Infrastructure of the House of 

14 Representatives on the report submitted under para15 graph (1)(B). 

16 (f) NO ACTIONS WITHOUT ADDITIONAL AUTHORITY.— 

17 No Federal agency may take any action to implement, es18 tablish, facilitate, or otherwise act upon any proposal sub19 mitted under this section, other than those actions specifi20 cally authorized by this section, without explicit statutory 

21 authority enacted after the date of enactment of this Act. 

22 (g) DEFINITIONS.—In this section: 

23 (1) INTERCITY PASSENGER RAIL.—The term 

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1 senger transportation as defined in section 24102 of 

2 title 49, United States Code. 

3 (2) STATE.—The term ‘‘State’’ means any of the 

4 50 States or the District of Columbia. 

5 SEC. 313. AMTRAK INSPECTOR GENERAL. 

6 (a) AUTHORITY.— 

7 (1) IN GENERAL.—The Inspector General of Am8 trak shall have the authority available to other In9 spectors General, as necessary in carrying out the du10 ties specified in the Inspector General Act of 1978 (5 

11 U.S.C. App.), to investigate any alleged violation of 

12 sections 286, 287, 371, 641, 1001, 1002 and 1516 of 

13 title 18, United States Code. 

14 (2) AGENCY.—For purposes of sections 286, 287, 

15 371, 641, 1001, 1002, and 1516 of title 18, United 

16 States Code, Amtrak and the Amtrak Office of Inspec17 tor General, shall be considered a corporation in 

18 which the United States has a proprietary interest as 

19 set forth in section 6 of that title. 

20 (b) ASSESSMENT.—The Inspector General of Amtrak 

21 shall— 

22 (1) not later than 60 days after the date of en23 actment of this Act, initiate an assessment to deter24 mine whether current expenditures or procurements 

25 involving Amtrak’s fulfillment of the Americans with 


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1 Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) uti2 lize competitive, market-driven provisions that are 

3 applicable throughout the entire term of such related 

4 expenditures or procurements; and 

5 (2) not later than 6 months after the date of en6 actment of this Act, transmit to the Committee on 

7 Commerce, Science, and Transportation of the Senate 

8 and the Committee on Transportation and Infrastruc9 ture of the House of Representatives the assessment 

10 under paragraph (1). 

11 (c) LIMITATION.—The authority provided by sub12 sections (a) and (b) shall be effective only with respect to 

13 a fiscal year for which Amtrak receives a Federal subsidy. 

14 SEC. 314. MISCELLANEOUS PROVISIONS. 

15 (a) TITLE 49 AMENDMENTS.— 

16 (1) CONTINGENT INTEREST RECOVERIES.—Sec17 tion 22106(b) is amended by striking ‘‘interest there18 of’’ and inserting ‘‘interest thereon’’. 

19 (2) AUTHORITY.—Section 22702(b)(4) is amend20 ed by striking ‘‘5 years for reapproval by the Sec21 retary’’ and inserting ‘‘4 years for acceptance by the 

22 Secretary’’. 

23 (3) CONTENTS OF STATE RAIL PLANS.—Section 

24 22705(a) is amended by striking paragraph (12). 


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1 (4) MISSION.—Section 24101(b) is amended by 

2 striking ‘‘of subsection (d)’’ and inserting ‘‘set forth 

3 in subsection (c)’’. 

4 (5) TABLE OF CONTENTS AMENDMENT.—The 

5 table of contents for chapter 243 is amended by strik6 ing the item relating to section 24316 and inserting 

7 the following: 

‘‘24316. Plans to address the needs of families of passengers involved in rail passenger accidents.’’. 

8 (6) UPDATE.—Section 24305(f)(3) is amended 

9 by striking ‘‘$1,000,000’’ and inserting ‘‘$5,000,000’’. 

10 (7) AMTRAK.—Chapter 247 is amended— 

11 (A) in section 24702(a), by striking ‘‘not 

12 included in the national rail passenger transpor13 tation system’’; 

14 (B) in section 24706— 

15 (i) in subsection (a)— 

16 (I) in paragraph (1), by striking 

17 ‘‘a discontinuance under section 24704 

18 or or’’; and 

19 (II) in paragraph (2), by striking 

20 ‘‘section 24704 or’’; and 

21 (ii) in subsection (b), by striking ‘‘sec22 tion 24704 or’’; and 

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1 eral,’’ and inserting ‘‘The Secretary of Homeland 

2 Security,’’. 

3 (b) PASSENGER RAIL INVESTMENT AND IMPROVEMENT

4 ACT AMENDMENTS.—Section 305(a) of the Passenger Rail 

5 Investment and Improvement Act of 2008 (49 U.S.C. 24101 

6 note) is amended by inserting ‘‘nonprofit organizations rep7 resenting employees who perform overhaul and mainte8 nance of passenger railroad equipment,’’ after ‘‘equipment 

9 manufacturers,’’. 

10 TITLE IV—RAIL SAFETY 

11 Subtitle A—Safety Improvement 

12 SEC. 401. HIGHWAY-RAIL GRADE CROSSING SAFETY. 

13 (a) MODEL STATE HIGHWAY-RAIL GRADE CROSSING

14 ACTION PLAN.— 

15 (1) IN GENERAL.—Not later than 1 year after 

16 the date of enactment of this Act, the Secretary shall 

17 develop a model of a State-specific highway-rail grade 

18 crossing action plan and distribute the model plan to 

19 each State. 

20 (2) CONTENTS.—The plan developed under para21 graph (1) shall include— 

22 (A) methodologies, tools, and data sources 

23 for identifying and evaluating highway-rail 

24 grade crossing safety risks, including the public 


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1 safety risks posed by blocked highway-rail grade 

2 crossings due to idling trains; 

3 (B) best practices to reduce the risk of high4 way-rail grade crossing accidents or incidents 

5 and to alleviate the blockage of highway-rail 

6 grade crossings due to idling trains, including 

7 strategies for— 

8 (i) education, including model stake9 holder engagement plans or tools; 

10 (ii) engineering, including the benefits 

11 and costs of different designs and tech12 nologies used to mitigate highway-rail 

13 grade crossing safety risks; and 

14 (iii) enforcement, including the 

15 strengths and weaknesses associated with 

16 different enforcement methods; 

17 (C) for each State, a customized list and 

18 data set of the highway-rail grade crossing acci19 dents or incidents in that State over the past 3 

20 years, including the location, number of deaths, 

21 and number of injuries for each accident or inci22 dent; and 

23 (D) contact information of a Department of 

24 Transportation safety official available to assist 


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1 the State in adapting the model plan to satisfy 

2 the requirements under subsection (b). 

3 (b) STATE HIGHWAY-RAIL GRADE CROSSING ACTION

4 PLANS.— 

5 (1) REQUIREMENTS.—Not later than 18 months 

6 after the Secretary develops and distributes the model 

7 plan under subsection (a), the Secretary shall promul8 gate a rule that requires— 

9 (A) each State, except the 10 States identi10 fied under section 202 of the Rail Safety Im11 provement Act of 2008 (49 U.S.C. 22501 note), 

12 to develop and implement a State highway-rail 

13 grade crossing action plan; and 

14 (B) each State that was identified under 

15 section 202 of the Rail Safety Improvement Act 

16 of 2008 (49 U.S.C. 22501 note), to update its 

17 State action plan under that section and submit 

18 to the Secretary the updated State action plan 

19 and a report describing what the State did to 

20 implement its previous State action plan under 

21 that section and how it will continue to reduce 

22 highway-rail grade crossing safety risks. 

23 (2) CONTENTS.—Each State plan required under 

24 this subsection shall— 


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1 (A) identify highway-rail grade crossings 

2 that have experienced recent highway-rail grade 

3 crossing accidents or incidents, or are at high4 risk for accidents or incidents; 

5 (B) identify specific strategies for improv6 ing safety at highway-rail grade crossings, in7 cluding highway-rail grade crossing closures or 

8 grade separations; and 

9 (C) designate a State official responsible for 

10 managing implementation of the State plan 

11 under subparagraph (A) or (B) of paragraph 

12 (1), as applicable. 

13 (3) ASSISTANCE.—The Secretary shall provide 

14 assistance to each State in developing and carrying 

15 out, as appropriate, the State plan under this sub16 section. 

17 (4) PUBLIC AVAILABILITY.—Each State shall 

18 submit its final State plan under this subsection to 

19 the Secretary for publication. The Secretary shall 

20 make each approved State plan publicly available on 

21 an official Internet Web site. 

22 (5) CONDITIONS.—The Secretary may condition 

23 the awarding of a grant to a State under chapter 244 

24 of title 49, United States Code, on that State submit25 ting an acceptable State plan under this subsection. 


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1 (6) REVIEW OF ACTION PLANS.—Not later than 

2 60 days after the date of receipt of a State plan under 

3 this subsection, the Secretary shall— 

4 (A) if the State plan is approved, notify the 

5 State and publish the State plan under para6 graph (4); and 

7 (B) if the State plan is incomplete or defi8 cient, notify the State of the specific areas in 

9 which the plan is deficient and allow the State 

10 to complete the plan or correct the deficiencies 

11 and resubmit the plan under paragraph (1). 

12 (7) DEADLINE.—Not later than 60 days after the 

13 date of a notice under paragraph (6)(B), a State shall 

14 complete the plan or correct the deficiencies and re15 submit the plan. 

16 (8) FAILURE TO COMPLETE OR CORRECT

17 PLAN.—If a State fails to meet the deadline under 

18 paragraph (7), the Secretary shall post on the Web 

19 site under paragraph (4) a notice that the State has 

20 an incomplete or deficient highway-rail grade cross21 ing action plan. 

22 (c) RAILWAY-HIGHWAY CROSSINGS FUNDS.—The Sec23 retary may use funds made available to carry out section 

24 130 of title 23, United States Code, to provide States with 

25 funds to develop a State highway-rail grade crossing action 


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1 plan under subsection (b)(1)(A) of this section or to update 

2 a State action plan under subsection (b)(1)(B) of this sec3 tion. 

4 (d) DEFINITIONS.—In this section: 

5 (1) HIGHWAY-RAIL GRADE CROSSING.—The term 

6 ‘‘highway-rail grade crossing’’ means a location with7 in a State, other than a location where 1 or more 

8 railroad tracks cross 1 or more railroad tracks at 

9 grade where— 

10 (A) a public highway, road, or street, or a 

11 private roadway, including associated sidewalks 

12 and pathways, crosses 1 or more railroad tracks 

13 either at grade or grade-separated; or 

14 (B) a pathway explicitly authorized by a 

15 public authority or a railroad carrier that is 

16 dedicated for the use of non-vehicular traffic, in17 cluding pedestrians, bicyclists, and others, that is 

18 not associated with a public highway, road, or 

19 street, or a private roadway, crosses 1 or more 

20 railroad tracks either at grade or grade-sepa21 rated. 

22 (2) STATE.—The term ‘‘State’’ means a State of 

23 the United States or the District of Columbia. 


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1 SEC. 402. CONFIDENTIAL CLOSE CALL REPORTING SYSTEM. 

2 (a) IN GENERAL.—Not later than 3 years after the 

3 date of enactment of this Act, the Secretary shall promul4 gate a rule to encourage and facilitate the voluntary par5 ticipation of railroad carriers, railroad carrier contractors, 

6 and employees of railroad carriers or railroad carrier con7 tractors (including any non-profit labor organizations rep8 resenting a class or craft of directly affected employees of 

9 railroads carriers or railroad carrier contractors) in a con10 fidential close call reporting system. 

11 (b) PROGRAM ELEMENTS.— 

12 (1) IN GENERAL.—The Secretary shall use any 

13 information and experience gathered through research 

14 and pilot programs on confidential close call report15 ing systems in developing a rule for the voluntary 

16 adoption of confidential close call reporting system 

17 programs under this section. 

18 (2) RULEMAKING.— 

19 (A) IN GENERAL.—Each confidential close 

20 call reporting system program shall be designed 

21 to improve railroad safety by facilitating greater 

22 collection and analysis of reports that describe 

23 unsafe conditions and events in the railroad in24 dustry, as reported voluntarily and confiden25 tially by employees. 


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1 (B) REQUIREMENTS.—The rule shall speci2 fy— 

3 (i) the use of independent third parties 

4 for the collection of close call reports, de5 identification of data, and distribution of 

6 close call data; 

7 (ii) the criteria for participating vol8 untarily in the confidential close call re9 porting system; 

10 (iii) the criteria for accepting con11 fidential close call reports; 

12 (iv) the appropriate use and protec13 tion, including the information protections 

14 described in subsection (d), of peer review 

15 teams and participation of the Secretary’s 

16 representatives; 

17 (v) the relief from specific railroad 

18 safety regulatory provisions and the condi19 tions under which the relief will and will 

20 not be granted; and 

21 (vi) the appropriate use and protec22 tion, including the information protections 

23 described in subsection (d), of confidential 

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1 tion in the confidential close call reporting 

2 system. 

3 (c) PROGRAM DEVELOPMENT.— 

4 (1) IN GENERAL.—A railroad carrier voluntarily 

5 participating in a confidential close call reporting 

6 system program, pursuant to program elements con7 tained in the final rule promulgated under subsection 

8 (b) and in collaboration with the Secretary, railroad 

9 carrier contractors (as appropriate), and employees of 

10 railroad carriers or railroad carrier contractors (in11 cluding any non-profit labor organization rep12 resenting a class or craft of directly affected employees 

13 of railroad carriers or railroad carrier contractors), 

14 shall develop an implementing memorandum of un15 derstanding that establishes agreed-upon terms for 

16 participation in the confidential close call reporting 

17 system. 

18 (2) SIGNATURES REQUIRED.—An implementing 

19 memorandum of understanding under paragraph (1) 

20 shall be signed by— 

21 (A) the Secretary or the Secretary’s des22 ignee; 

23 (B) the participating railroad carrier or the 

24 representative thereof; 


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1 (C) if appropriate, each participating rail2 road carrier contractor or the representative 

3 thereof; and 

4 (D) the participating employees and con5 tractors or the representative thereof (such as 1 

6 or more non-profit labor organizations rep7 resenting a class or craft of directly affected em8 ployees of the railroad carrier or railroad carrier 

9 contractor). 

10 (d) INFORMATION PROTECTION.— 

11 (1) IN GENERAL.—For a confidential close call 

12 reporting system program established through an im13 plementing memorandum of understanding described 

14 in subsection (c), the rule shall include provisions 

15 that withhold from discovery or admission into evi16 dence (in a Federal or State court proceeding for 

17 damages involving personal injury, wrongful death, 

18 or property damage against a railroad carrier or 

19 railroad carrier contractor) any plan, document, re20 port, survey, schedule, list, or data compiled or col21 lected for the sole purpose of developing, evaluating, 

22 planning, or implementing a confidential close call 

23 reporting system program, including a railroad car24 rier’s analysis of its close calls or near misses. 


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1 (2) RETROACTIVE APPLICATIONS.—With regard 

2 to a voluntary confidential close call reporting system 

3 that was in effect prior to the date of final rule under 

4 subsection (a), the Secretary— 

5 (A) shall allow the parties participating in 

6 that system to sign a new or revised imple7 menting memorandum of understanding that 

8 prospectively entitles the parties to the informa9 tion protections under paragraph (1); and 

10 (B) may retroactively apply the informa11 tion protections under paragraph (1) to any in12 formation and analyses that was generated 

13 under that system prior to the date of the final 

14 rule. 

15 (3) CONFIDENTIALITY.—For a confidential close 

16 call reporting system program established through an 

17 implementing memorandum of understanding de18 scribed in subsection (c), the Secretary shall ensure 

19 that the Department of Transportation and any enti20 ty collecting close call reports, de-identifying data, or 

21 distributing close call data provide the same level of 

22 confidentiality as contained in the Confidential Infor23 mation Protection and Statistical Efficiency Act of 

24 2002 (44 U.S.C. 3501 note), as administered by the 

25 Bureau of Transportation Statistics. 


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1 (e) SAVINGS CLAUSE.—Nothing in this section shall— 

2 (1) require a railroad carrier to adopt a con3 fidential close call reporting system program; 

4 (2) prohibit a railroad carrier from voluntarily 

5 adopting a confidential close call reporting system 

6 program outside of the rulemaking framework; and 

7 (3) require the Secretary to develop a confiden8 tial close call reporting system program with a rail9 road carrier, a railroad carrier contractor, employees 

10 of the railroad carrier or railroad carrier contractor, 

11 or any non-profit labor organizations representing a 

12 class or craft of employees of a railroad carrier or a 

13 railroad carrier contractor. 

14 (f) DEFINITION OF RAILROAD CARRIER.—In this sec15 tion, the term ‘‘railroad carrier’’ has the meaning given the 

16 term in section 20102 of title 49, United States Code. 

17 (g) ADDITIONAL INFORMATION PROTECTIONS.—Sec18 tion 20118 is amended— 

19 (1) in subsection (a)— 

20 (A) in the matter preceding paragraph 

21 (1)— 

22 (i) by inserting ‘‘, confidential close 

23 call reporting system program,’’ after ‘‘safe24 ty risk reduction program’’; and 


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1 (ii) by inserting ‘‘pursuant to section 

2 552(b)(3) of that title,’’ after ‘‘section 552 of 

3 title 5’’; 

4 (B) in paragraph (1), by inserting ‘‘, con5 fidential close call reporting system program,’’ 

6 after ‘‘safety risk reduction program’’; and 

7 (C) in paragraph (2), by inserting ‘‘, con8 fidential close call reporting system program,’’ 

9 after ‘‘safety risk reduction program’’; 

10 (2) in subsection (b), by inserting ‘‘, confidential 

11 close call reporting system program,’’ after ‘‘safety 

12 risk reduction program’’; and 

13 (3) in subsection (c), by inserting ‘‘, of any in14 formation or analyses generated as part of a confiden15 tial close call reporting system program,’’ after ‘‘risk 

16 mitigation analyses’’. 

17 SEC. 403. SPEED LIMIT ACTION PLANS. 

18 (a) IN GENERAL.—Not later than 90 days after the 

19 date of enactment of this Act, each railroad carrier pro20 viding intercity rail passenger transportation or commuter 

21 rail passenger transportation, in consultation with any ap22 plicable host railroad carrier, shall survey its entire system 

23 and identify each main track location where there is a re24 duction of more than 20 miles per hour from the approach 


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1 speed to a curve or bridge and the maximum authorized 

2 operating speed for passenger trains at that curve or bridge. 

3 (b) ACTION PLANS.—Not later than 120 days after the 

4 date that the survey under subsection (a) is complete, a rail 

5 passenger carrier shall submit to the Secretary an action 

6 plan that— 

7 (1) identifies each main track location where 

8 there is a reduction of more than 20 miles per hour 

9 from the approach speed to a curve or bridge and the 

10 maximum authorized operating speed for passenger 

11 trains at that curve or bridge; 

12 (2) describes appropriate actions, including 

13 modification to automatic train control systems, if 

14 applicable, other signal systems, increased crew size, 

15 improved signage, or other practices, including in16 creased crew communication, to enable warning and 

17 enforcement of the maximum authorized speed for 

18 passenger trains at each location identified under 

19 paragraph (1); 

20 (3) contains milestones and target dates for im21 plementing each appropriate action described under 

22 paragraph (2); and 

23 (4) ensures compliance with the maximum au24 thorized speed at each location identified under para25 graph (1). 


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1 (c) APPROVAL.—Not later than 90 days after the date 

2 an action plan is submitted under subsection (a), the Sec3 retary shall approve, approve with conditions, or dis4 approve the action plan. 

5 (d) ALTERNATIVE SAFETY MEASURES.—The Secretary 

6 may exempt from the requirements of this section each seg7 ment of track for which operations are governed by a posi8 tive train control system certified under section 20157 of 

9 title 49, United States Code, or any other safety technology 

10 or practice that would achieve an equivalent or greater level 

11 of safety in reducing derailment risk. 

12 (e) REPORT.—Not later than 6 months after the date 

13 of the enactment of this Act, the Secretary shall submit a 

14 report to the Committee on Commerce, Science, and Trans15 portation of the Senate and the Committee on Transpor16 tation and Infrastructure of the House of Representatives 

17 that describes— 

18 (1) the actions the railroad carriers have taken 

19 in response to Safety Advisory 2013–08, entitled 

20 ‘‘Operational Tests and Inspections for Compliance 

21 With Maximum Authorized Train Speeds and Other 

22 Speed Restrictions’’; 

23 (2) the actions the railroad carriers have taken 

24 in response to Safety Advisory 2015–03, entitled 

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1 ance with Maximum Authorized Passenger Train 

2 Speeds and Other Speed Restrictions’’; and 

3 (3) the actions the Federal Railroad Administra4 tion has taken to evaluate or incorporate the informa5 tion and findings arising from the safety advisories 

6 referred to in paragraphs (1) and (2) into the devel7 opment of regulatory action and oversight activities. 

8 (f) SAVINGS CLAUSE.—Nothing in this section shall 

9 prohibit the Secretary from applying the requirements of 

10 this section to other segments of track at high risk of over11 speed derailment. 

12 SEC. 404. SIGNAGE. 

13 (a) IN GENERAL.—The Secretary shall promulgate 

14 such regulations as the Secretary considers necessary to re15 quire each railroad carrier providing intercity rail pas16 senger transportation or commuter rail passenger transpor17 tation, in consultation with any applicable host railroad 

18 carrier, to install signs to warn train crews before the train 

19 approaches a location that the Secretary identifies as hav20 ing high risk of overspeed derailment. 

21 (b) ALTERNATIVE SAFETY MEASURES.—The Secretary 

22 may exempt from the requirements of this section each seg23 ment of track for which operations are governed by a posi24 tive train control system certified under section 20157 of 

25 title 49, United States Code, or any other safety technology 


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1 or practice that would achieve an equivalent or greater level 

2 of safety in reducing derailment risk. 

3 SEC. 405. ALERTERS. 

4 (a) IN GENERAL.—The Secretary shall promulgate a 

5 rule to require a working alerter in the controlling loco6 motive of each passenger train in intercity rail passenger 

7 transportation (as defined in section 24102 of title 49, 

8 United States Code) or commuter rail passenger transpor9 tation (as defined in section 24102 of title 49, United States 

10 Code). 

11 (b) RULEMAKING.— 

12 (1) IN GENERAL.—The Secretary may promul13 gate a rule to specify the essential functionalities of 

14 a working alerter, including the manner in which the 

15 alerter can be reset. 

16 (2) ALTERNATE PRACTICE OR TECHNOLOGY.— 

17 The Secretary may require or allow a technology or 

18 practice in lieu of a working alerter if the Secretary 

19 determines that the technology or practice would 

20 achieve an equivalent or greater level of safety in en21 hancing or ensuring appropriate locomotive control. 

22 SEC. 406. SIGNAL PROTECTION. 

23 (a) IN GENERAL.—The Secretary shall promulgate 

24 regulations to require, not later than 18 months after the 

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1 lations, whenever practicable and consistent with other safe2 ty requirements and operational considerations, include re3 quiring implementation of redundant signal protection, 

4 such as shunting or other practices and technologies that 

5 achieve an equivalent or greater level of safety, for mainte6 nance-of-way work crews who depend on a train dispatcher 

7 to provide signal protection. 

8 (b) ALTERNATIVE SAFETY MEASURES.—The Secretary 

9 may exempt from the requirements of this section each seg10 ment of track for which operations are governed by a posi11 tive train control system certified under section 20157 of 

12 title 49, United States Code, or any other safety technology 

13 or practice that would achieve an equivalent or greater level 

14 of safety in providing additional signal protection. 

15 SEC. 407. TECHNOLOGY IMPLEMENTATION PLANS. 

16 Section 20156(e) is amended— 

17 (1) in paragraph (4)— 

18 (A) in subparagraph (A), by striking ‘‘and’’ 

19 at the end; and 

20 (B) in subparagraph (B), by striking the 

21 period at the end and inserting ‘‘; and’’; and 

22 (2) by adding at the end the following: 

23 ‘‘(C) each railroad carrier required to sub24 mit such a plan, until the implementation of a 

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1 rier, shall analyze and, as appropriate, 

2 prioritize technologies and practices to mitigate 

3 the risk of overspeed derailments.’’. 

4 SEC. 408. COMMUTER RAIL TRACK INSPECTIONS. 

5 (a) IN GENERAL.—The Secretary shall evaluate track 

6 inspection regulations to determine if a railroad carrier 

7 providing commuter rail passenger transportation on high 

8 density commuter railroad lines should be required to in9 spect the lines in the same manner as currently required 

10 for other commuter railroad lines. 

11 (b) RULEMAKING.—Considering safety, including rail12 road carrier employee and contractor safety, and system ca13 pacity, the Secretary may promulgate a rule for high den14 sity commuter railroad lines. If, after the evaluation under 

15 subsection (a), the Secretary determines that it is necessary 

16 to promulgate a rule, the Secretary shall specifically con17 sider the following regulatory requirements for high density 

18 commuter railroad lines: 

19 (1) At least once every 2 weeks— 

20 (A) traverse each main line by vehicle; or 

21 (B) inspect each main line on foot. 

22 (2) At least once each month, traverse and in23 spect each siding by vehicle or by foot. 

24 (c) REPORT.—If, after the evaluation under subsection 

25 (a), the Secretary determines it is not necessary to revise 


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1 the regulations under this section, the Secretary, not later 

2 than 18 months after the date of enactment of this Act, shall 

3 transmit a report to the Committee on Commerce, Science, 

4 and Transportation of the Senate and the Committee on 

5 Transportation and Infrastructure of the House of Rep6 resentatives explaining the reasons for not revising the regu7 lations. 

8 (d) CONSTRUCTION.—Nothing in this section may be 

9 construed to limit the authority of the Secretary to promul10 gate regulations or issue orders under any other law. 

11 SEC. 409. EMERGENCY RESPONSE. 

12 (a) IN GENERAL.—The Secretary, in consultation with 

13 railroad carriers, shall conduct a study to determine wheth14 er limitations or weaknesses exist in the emergency response 

15 information carried by train crews transporting hazardous 

16 materials. 

17 (b) CONTENTS.—In conducting the study under sub18 section (a), the Secretary shall evaluate the differences be19 tween the emergency response information carried by train 

20 crews transporting hazardous materials and the emergency 

21 response guidance provided in the Emergency Response 

22 Guidebook issued by the Department of Transportation. 

23 (c) REPORT.—Not later than 1 year after the date of 

24 enactment of this Act, the Secretary shall transmit to the 

25 Committee on Commerce, Science, and Transportation of 


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1 the Senate and the Committee on Transportation and In2 frastructure of the House of Representatives a report of the 

3 findings of the study under subsection (a) and any rec4 ommendations for legislative action. 

5 SEC. 410. PRIVATE HIGHWAY-RAIL GRADE CROSSINGS. 

6 (a) IN GENERAL.—The Secretary, in consultation with 

7 railroad carriers, shall conduct a study— 

8 (1) to determine whether limitations or weak9 nesses exist regarding the availability and usefulness 

10 for safety purposes of data on private highway-rail 

11 grade crossings; and 

12 (2) to evaluate existing engineering practices on 

13 private highway-rail grade crossings. 

14 (b) CONTENTS.—In conducting the study under sub15 section (a), the Secretary shall make recommendations as 

16 necessary to improve— 

17 (1) the utility of the data on private highway18 rail grade crossings; and 

19 (2) the implementation of private highway-rail 

20 crossing safety measures, including signage and 

21 warning systems. 

22 (c) REPORT.—Not later than 1 year after the date of 

23 enactment of this Act, the Secretary shall transmit to the 

24 Committee on Commerce, Science, and Transportation of 

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1 frastructure of the House of Representatives a report of the 

2 findings of the study and any recommendations for further 

3 action. 

4 SEC. 411. REPAIR AND REPLACEMENT OF DAMAGED TRACK 

5 INSPECTION EQUIPMENT. 

6 (a) IN GENERAL.—Subchapter I of chapter 201 is 

7 amended by inserting after section 20120 the following: 

8 ‘‘§ 20121. Repair and replacement of damaged track 

9 inspection equipment 

10 ‘‘The Secretary of Transportation may receive and ex11 pend cash, or receive and utilize spare parts and similar 

12 items, from non-United States Government sources to re13 pair damages to or replace United States Government 

14 owned automated track inspection cars and equipment as 

15 a result of third-party liability for such damages, and any 

16 amounts collected under this section shall be credited di17 rectly to the Railroad Safety and Operations account of the 

18 Federal Railroad Administration, and shall remain avail19 able until expended for the repair, operation, and mainte20 nance of automated track inspection cars and equipment 

21 in connection with the automated track inspection pro22 gram.’’. 

23 (b) CONFORMING AMENDMENT.—The table of contents 

24 for subchapter I of chapter 201 is amended by adding after 

25 section 21020 the following: 

‘‘20121. Repair and replacement of damaged track inspection equipment.’’. 


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1 SEC. 412. RAIL POLICE OFFICERS. 

2 (a) IN GENERAL.—Section 28101 is amended— 

3 (1) by striking ‘‘employed by’’ each place it ap4 pears and inserting ‘‘directly employed by or con5 tracted by’’; 

6 (2) in subsection (b), by inserting ‘‘or agent, as 

7 applicable,’’ after ‘‘an employee’’; and 

8 (3) by adding at the end the following: 

9 ‘‘(c) TRANSFERS.— 

10 ‘‘(1) IN GENERAL.—If a railroad police officer 

11 directly employed by or contracted by a rail carrier 

12 and certified or commissioned as a police officer 

13 under the laws of a State transfers primary employ14 ment or residence from the certifying or commis15 sioning State to another State or jurisdiction, the 

16 railroad police officer, not later than 1 year after the 

17 date of transfer, shall apply to be certified or commis18 sioned as a police office under the laws of the State 

19 of new primary employment or residence. 

20 ‘‘(2) INTERIM PERIOD.—During the period be21 ginning on the date of transfer and ending 1 year 

22 after the date of transfer, a railroad police officer di23 rectly employed by or contracted by a rail carrier 

24 and certified or commissioned as a police officer 

25 under the laws of a State may enforce the laws of the 

26 new jurisdiction in which the railroad police officer 


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1 resides, to the same extent as provided in subsection 

2 (a). 

3 ‘‘(d) TRAINING.— 

4 ‘‘(1) IN GENERAL.—A State shall recognize as 

5 meeting that State’s basic police officer certification 

6 or commissioning requirements for qualification as a 

7 rail police officer under this section any individual 

8 who successfully completes a program at a State-rec9 ognized police training academy in another State or 

10 at a Federal law enforcement training center and who 

11 is certified or commissioned as a police officer by that 

12 other State. 

13 ‘‘(2) RULE OF CONSTRUCTION.—Nothing in this 

14 subsection shall be construed as superseding or affect15 ing any unique State training requirements related to 

16 criminal law, criminal procedure, motor vehicle code, 

17 or State-mandated comparative or annual in-service 

18 training academy or Federal law enforcement train19 ing center.’’. 

20 (b) REGULATIONS.—Not later than 1 year after the 

21 date of enactment of this Act, the Secretary shall revise the 

22 regulations in part 207 of title 49, Code of Federal Regula23 tions (relating to railroad police officers), to permit a rail24 road to designate an individual, who is commissioned in 

25 the individual’s State of legal residence or State of primary 


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1 employment and directly employed by or contracted by a 

2 railroad to enforce State laws for the protection of railroad 

3 property, personnel, passengers, and cargo, to serve in the 

4 States in which the railroad owns property. 

5 (c) CONFORMING AMENDMENTS.— 

6 (1) AMTRAK RAIL POLICE.—Section 24305(e) is 

7 amended— 

8 (A) by striking ‘‘may employ’’ and insert9 ing ‘‘may directly employ or contract with’’; 

10 (B) by striking ‘‘employed by’’ and insert11 ing ‘‘directly employed by or contracted by’’; and 

12 (C) by striking ‘‘employed without’’ and in13 serting ‘‘directly employed or contracted with14 out’’. 

15 (2) SECURE GUN STORAGE OR SAFETY DEVICE; 

16 EXCEPTIONS.—Section 922(z)(2)(B) of title 18 is 

17 amended by striking ‘‘employed by’’ and inserting 

18 ‘‘directly employed by or contracted by’’. 

19 SEC. 413. OPERATION DEEP DIVE; REPORT. 

20 (a) PROGRESS REPORTS.—Not later than 60 days 

21 after the date of the enactment of this Act, and quarterly 

22 thereafter until the completion date, the Administrator of 

23 the Federal Railroad Administration shall submit a report 

24 to the Committee on Commerce, Science, and Transpor25 tation of the Senate and the Committee on Transportation 


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1 and Infrastructure of the House of Representatives that de2 scribes the progress of Metro-North Commuter Railroad in 

3 implementing the directives and recommendations issued by 

4 the Federal Railroad Administration in its March 2014 re5 port to Congress titled ‘‘Operation Deep Dive Metro-North 

6 Commuter Railroad Safety Assessment’’. 

7 (b) FINAL REPORT.—Not later than 30 days after the 

8 completion date, the Administrator of the Federal Railroad 

9 Administration shall submit a final report on the directives 

10 and recommendations to Congress. 

11 (c) DEFINED TERM.—In this section, the term ‘‘com12 pletion date’’ means the date on which Metro-North Com13 muter Railroad has completed all of the directives and rec14 ommendations referred to in subsection (a). 

15 SEC. 414. POST-ACCIDENT ASSESSMENT. 

16 (a) IN GENERAL.—The Secretary of Transportation, 

17 in cooperation with the National Transportation Safety 

18 Board and the National Railroad Passenger Corporation 

19 (referred to in this section as ‘‘Amtrak’’), shall conduct a 

20 post-accident assessment of the Amtrak Northeast Regional 

21 Train #188 crash on May 12, 2015. 

22 (b) ELEMENTS.—The assessment conducted pursuant 

23 to subsection (a) shall include— 

24 (1) a review of Amtrak’s compliance with the 

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1 sengers involved in any rail passenger accident, 

2 which was submitted pursuant to section 24316 of 

3 title 49, United States Code; 

4 (2) a review of Amtrak’s compliance with the 

5 emergency preparedness plan required under section 

6 239.101(a) of title 49, Code of Federal Regulations; 

7 (3) a determination of any additional action 

8 items that should be included in the plans referred to 

9 in paragraphs (1) and (2) to meet the needs of the 

10 passengers involved in the crash and their families, 

11 including— 

12 (A) notification of emergency contacts; 

13 (B) dedicated and trained staff to manage 

14 family assistance; 

15 (C) the establishment of a family assistance 

16 center at the accident locale or other appropriate 

17 location; 

18 (D) a system for identifying and recovering 

19 items belonging to passengers that were lost in 

20 the crash; and 

21 (E) the establishment of a single customer 

22 service entity within Amtrak to coordinate the 

23 response to the needs of the passengers involved 

24 in the crash and their families; 


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1 (4) recommendations for any additional training 

2 needed by Amtrak staff to better implement the plans 

3 referred to in paragraphs (1) and (2), including the 

4 establishment of a regular schedule for training drills 

5 and exercises. 

6 (c) REPORT TO CONGRESS.—Not later than 1 year 

7 after the date of the enactment of this Act, Amtrak shall 

8 submit a report to the Committee on Commerce, Science, 

9 and Transportation of the Senate and the Committee on 

10 Transportation and Infrastructure of the House of Rep11 resentatives that describes— 

12 (1) its plan to achieve the recommendations re13 ferred to in subsection (b)(4); and 

14 (2) steps that have been taken to address any de15 ficiencies identified through the assessment. 

16 SEC. 415. TECHNICAL AND CONFORMING AMENDMENTS. 

17 (a) ASSISTANCE TO FAMILIES OF PASSENGERS IN18 VOLVED IN RAIL PASSENGER ACCIDENTS.—Section 1139 is 

19 amended— 

20 (1) in subsection (a)(1), by striking ‘‘phone num21 ber’’ and inserting ‘‘telephone number’’; 

22 (2) in subsection (a)(2), by striking ‘‘post trau23 ma communication with families’’ and inserting 

24 ‘‘post-trauma communication with families’’; and 


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1 (3) in subsection (j), by striking ‘‘railroad pas2 senger accident’’ each place it appears and inserting 

3 ‘‘rail passenger accident’’. 

4 (b) SOLID WASTE RAIL TRANSFER FACILITY LAND5 USE EXEMPTION.—Section 10909 is amended— 

6 (1) in subsection (b), in the matter preceding 

7 paragraph (1), by striking ‘‘Clean Railroad Act of 

8 2008’’ and inserting ‘‘Clean Railroads Act of 2008’’; 

9 and 

10 (2) in subsection (e), by striking ‘‘Upon the 

11 granting of petition from the State’’ and inserting 

12 ‘‘Upon the granting of a petition from the State’’. 

13 (c) RULEMAKING PROCESS.—Section 20116 is amend14 ed— 

15 (1) by inserting ‘‘(2)’’ before ‘‘the code, rule, 

16 standard, requirement, or practice has been subject to 

17 notice and comment under a rule or order issued 

18 under this part.’’ and indenting accordingly; 

19 (2) by inserting ‘‘(1)’’ after ‘‘unless’’ and indent20 ing accordingly; 

21 (3) in paragraph (1), as redesignated, by strik22 ing ‘‘order, or’’ and inserting ‘‘order; or’’; and 

23 (4) in the matter preceding paragraph (1), as re24 designated, by striking ‘‘unless’’ and inserting ‘‘un25 less—’’. 


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1 (d) ENFORCEMENT REPORT.—Section 20120(a) is 

2 amended— 

3 (1) in the matter preceding paragraph (1)— 

4 (A) by striking ‘‘(a) IN GENERAL.—’’ and 

5 indenting accordingly; and 

6 (B) by striking ‘‘website’’ and inserting 

7 ‘‘Web site’’; 

8 (2) in paragraph (1), by striking ‘‘accident and 

9 incidence reporting’’ and inserting ‘‘accident and in10 cident reporting’’; 

11 (3) in paragraph (2)(G), by inserting ‘‘and’’ at 

12 the end; and 

13 (4) in paragraph (5)(B), by striking ‘‘Adminis14 trative Hearing Officer or Administrative Law 

15 Judge’’ and inserting ‘‘administrative hearing officer 

16 or administrative law judge’’. 

17 (e) RAILROAD SAFETY RISK REDUCTION PROGRAM.— 

18 Section 20156 is amended— 

19 (1) in subsection (c), by inserting a comma after 

20 ‘‘In developing its railroad safety risk reduction pro21 gram’’; and 

22 (2) in subsection (g)(1)— 

23 (A) by inserting a comma after ‘‘good 

24 faith’’; and 


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1 (B) by striking ‘‘non-profit’’ and inserting 

2 ‘‘nonprofit’’. 

3 (f) ROADWAY USER SIGHT DISTANCE AT HIGHWAY4 RAIL GRADE CROSSINGS.—Section 20159 is amended by 

5 striking ‘‘the Secretary’’ and inserting ‘‘the Secretary of 

6 Transportation’’. 

7 (g) NATIONAL CROSSING INVENTORY.—Section 20160 

8 is amended— 

9 (1) in subsection (a)(1), by striking ‘‘concerning 

10 each previously unreported crossing through which it 

11 operates or with respect to the trackage over which it 

12 operates’’ and inserting ‘‘concerning each previously 

13 unreported crossing through which it operates with 

14 respect to the trackage over which it operates’’; and 

15 (2) in subsection (b)(1)(A), by striking ‘‘con16 cerning each crossing through which it operates or 

17 with respect to the trackage over which it operates’’ 

18 and inserting ‘‘concerning each crossing through 

19 which it operates with respect to the trackage over 

20 which it operates’’. 

21 (h) MINIMUM TRAINING STANDARDS AND PLANS.— 

22 Section 20162(a)(3) is amended by striking ‘‘railroad com23 pliance with Federal standards’’ and inserting ‘‘railroad 

24 carrier compliance with Federal standards’’. 


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1 (i) DEVELOPMENT AND USE OF RAIL SAFETY TECH2 NOLOGY.—Section 20164(a) is amended by striking ‘‘after 

3 enactment of the Railroad Safety Enhancement Act of 

4 2008’’ and inserting ‘‘after the date of enactment of the Rail 

5 Safety Improvement Act of 2008’’. 

6 (j) RAIL SAFETY IMPROVEMENT ACT OF 2008.— 

7 (1) TABLE OF CONTENTS.—Section 1(b) of divi8 sion A of the Rail Safety Improvement Act of 2008 

9 (Public Law 110–432; 122 Stat. 4848) is amended— 

10 (A) in the item relating to section 307, by 

11 striking ‘‘website’’ and inserting ‘‘Web site’’; 

12 (B) in the item relating to title VI, by strik13 ing ‘‘solid waste facilities’’ and inserting ‘‘solid 

14 waste rail transfer facilities’’; and 

15 (C) in the item relating to section 602, by 

16 striking ‘‘solid waste transfer facilities’’ and in17 serting ‘‘solid waste rail transfer facilities’’. 

18 (2) DEFINITIONS.—Section 2(a)(1) of division A 

19 of the Rail Safety Improvement Act of 2008 (49 

20 U.S.C. 20102 note) is amended in the matter pre21 ceding subparagraph (A), by inserting a comma after 

22 ‘‘at grade’’. 

23 (3) RAILROAD SAFETY STRATEGY.—Section 

24 102(a)(6) of title I of division A of the Rail Safety 

25 Improvement Act of 2008 (49 U.S.C. 20101 note) is 


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1 amended by striking ‘‘Improving the safety of rail2 road bridges, tunnels, and related infrastructure to 

3 prevent accidents, incidents, injuries, and fatalities 

4 caused by catastrophic failures and other bridge and 

5 tunnel failures.’’ and inserting ‘‘Improving the safety 

6 of railroad bridges, tunnels, and related infrastruc7 ture to prevent accidents, incidents, injuries, and fa8 talities caused by catastrophic and other failures of 

9 such infrastructure.’’. 

10 (4) OPERATION LIFESAVER.—Section 206(a) of 

11 title II of division A of the Rail Safety Improvement 

12 Act of 2008 (49 U.S.C. 22501 note) is amended by 

13 striking ‘‘Public Service Announcements’’ and insert14 ing ‘‘public service announcements’’. 

15 (5) UPDATE OF FEDERAL RAILROAD ADMINIS16 TRATION’S WEB SITE.—Section 307 of title III of di17 vision A of the Rail Safety Improvement Act of 2008 

18 (49 U.S.C. 103 note) is amended— 

19 (A) in the heading by striking ‘‘FEDERAL

20 RAILROAD ADMINISTRATION’S WEBSITE’’ 

21 and inserting ‘‘FEDERAL RAILROAD ADMIN22 ISTRATION WEB SITE’’; 

23 (B) by striking ‘‘website’’ each place it ap24 pears and inserting ‘‘Web site’’; and 


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1 (C) by striking ‘‘website’s’’ and inserting 

2 ‘‘Web site’s’’. 

3 (6) ALCOHOL AND CONTROLLED SUBSTANCE

4 TESTING FOR MAINTENANCE-OF-WAY EMPLOYEES.— 

5 Section 412 of title IV of division A of the Rail Safe6 ty Improvement Act of 2008 (49 U.S.C. 20140 note) 

7 is amended by striking ‘‘Secretary of Transportation’’ 

8 and inserting ‘‘Secretary’’. 

9 (7) TUNNEL INFORMATION.—Section 414 of title 

10 IV of division A of the Rail Safety Improvement Act 

11 of 2008 (49 U.S.C. 20103 note) is amended— 

12 (A) by striking ‘‘parts 171.8, 173.115’’ and 

13 inserting ‘‘sections 171.8, 173.115’’; and 

14 (B) by striking ‘‘part 1520.5’’ and inserting 

15 ‘‘section 1520.5’’. 

16 (8) SAFETY INSPECTIONS IN MEXICO.—Section 

17 416 of title IV of division A of the Rail Safety Im18 provement Act of 2008 (49 U.S.C. 20107 note) is 

19 amended— 

20 (A) in the matter preceding paragraph (1), 

21 by striking ‘‘Secretary of Transportation’’ and 

22 inserting ‘‘Secretary’’; and 

23 (B) in paragraph (4), by striking ‘‘sub24 section’’ and inserting ‘‘section’’. 


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1 (9) HEADING OF TITLE VI.—The heading of title 

2 VI of division A of the Rail Safety Improvement Act 

3 of 2008 (122 Stat. 4900) is amended by striking 

4 ‘‘SOLID WASTE FACILITIES’’ and inserting 

5 ‘‘SOLID WASTE RAIL TRANSFER FA6 CILITIES’’. 

7 (10) HEADING OF SECTION 602.—Section 602 of 

8 title VI of division A of the Rail Safety Improvement 

9 Act of 2008 (122 Stat. 4900) is amended by striking 

10 ‘‘SOLID WASTE TRANSFER FACILITIES’’ and in11 serting ‘‘SOLID WASTE RAIL TRANSFER FACILI12 TIES’’. 

13 Subtitle B—Consolidated Rail In14 frastructure and Safety Improve15 ments 

16 SEC. 421. CONSOLIDATED RAIL INFRASTRUCTURE AND 

17 SAFETY IMPROVEMENTS. 

18 (a) IN GENERAL.—Chapter 244, as amended by sec19 tion 302 of this Act, is further amended by adding at the 

20 end the following: 

21 ‘‘§ 24408. Consolidated rail infrastructure and safety 

22 improvements 

23 ‘‘(a) GENERAL AUTHORITY.—The Secretary may make 

24 grants under this section to an eligible recipient to assist 

25 in financing the cost of improving passenger and freight 


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1 rail transportation systems in terms of safety, efficiency, 

2 or reliability. 

3 ‘‘(b) ELIGIBLE RECIPIENTS.—The following entities 

4 are eligible to receive a grant under this section: 

5 ‘‘(1) A State. 

6 ‘‘(2) A group of States. 

7 ‘‘(3) An Interstate Compact. 

8 ‘‘(4) A public agency or publicly chartered au9 thority established by 1 or more States and having re10 sponsibility for providing intercity rail passenger, 

11 commuter rail passenger, or freight rail transpor12 tation service. 

13 ‘‘(5) A political subdivision of a State. 

14 ‘‘(6) Amtrak or another rail passenger carrier 

15 that provides intercity rail passenger transportation 

16 (as defined in section 24102) or commuter rail pas17 senger transportation (as defined in section 24102). 

18 ‘‘(7) A Class II railroad or Class III railroad (as 

19 those terms are defined in section 20102). 

20 ‘‘(8) Any rail carrier or rail equipment manu21 facturer in partnership with at least 1 of the entities 

22 described in paragraphs (1) through (5). 

23 ‘‘(9) Any entity established to procure, manage, 

24 or maintain passenger rail equipment under section 


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1 305 of the Passenger Rail Investment and Improve2 ment Act of 2008 (49 U.S.C. 24101 note). 

3 ‘‘(10) An organization that is actively involved 

4 in the development of operational and safety-related 

5 standards for rail equipment and operations or the 

6 implementation of safety-related programs. 

7 ‘‘(11) The Transportation Research Board and 

8 any entity with which it contracts in the development 

9 of rail-related research, including cooperative research 

10 programs. 

11 ‘‘(12) A University transportation center ac12 tively engaged in rail-related research. 

13 ‘‘(13) A non-profit labor organization rep14 resenting a class or craft of employees of railroad car15 riers or railroad carrier contractors. 

16 ‘‘(c) ELIGIBLE PROJECTS.—The following projects are 

17 eligible to receive grants under this section: 

18 ‘‘(1) Deployment of railroad safety technology, 

19 including positive train control and rail integrity in20 spection systems. 

21 ‘‘(2) A capital project as defined in section 

22 24401, except that a project shall not be required to 

23 be in a State rail plan developed under chapter 227. 


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1 ‘‘(3) A capital project identified by the Secretary 

2 as being necessary to address congestion challenges af3 fecting rail service. 

4 ‘‘(4) A highway-rail grade crossing improve5 ment, including grade separations, private highway6 rail grade crossing improvements, and safety engi7 neering improvements to reduce risk in quiet zones or 

8 potential quiet zones. 

9 ‘‘(5) A rail line relocation project. 

10 ‘‘(6) A capital project to improve short-line or 

11 regional railroad infrastructure. 

12 ‘‘(7) Paying all or a portion of the credit risk 

13 premium, as determined under section 502(f) of the 

14 Railroad Revitalization and Regulatory Reform Act 

15 of 1976 (45 U.S.C. 822(f)), and loan charges described 

16 in section 503(l) of that Act (45 U.S.C. 823(l)) for a 

17 project eligible for Federal credit assistance under 

18 that Act (45 U.S.C. 801 et seq.). 

19 ‘‘(8) Development of public education, awareness, 

20 and targeted law enforcement activities to reduce vio21 lations of traffic laws at highway-rail grade crossings 

22 and to help prevent and reduce injuries and fatalities 

23 along railroad rights-of-way. 


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1 ‘‘(9) The preparation of regional rail and cor2 ridor service development plans and corresponding 

3 environmental analyses. 

4 ‘‘(10) Any project that the Secretary considers 

5 necessary to enhance multimodal connections or fa6 cilitate service integration between rail service and 

7 other modes, including between intercity rail pas8 senger transportation and intercity bus service. 

9 ‘‘(11) The development of rail-related capital, op10 erations, and safety standards. 

11 ‘‘(12) The implementation and operation of a 

12 safety program or institute designed to improve rail 

13 safety culture and rail safety performance. 

14 ‘‘(13) Any research that the Secretary considers 

15 necessary to advance any particular aspect of rail-re16 lated capital, operations, or safety improvements. 

17 ‘‘(14) Workforce development activities, coordi18 nated to the extent practicable with the existing local 

19 training programs supported by the Department of 

20 Transportation, Department of Labor, and Depart21 ment of Education. 

22 ‘‘(d) APPLICATION PROCESS.—The Secretary shall 

23 prescribe the form and manner of filing an application 

24 under this section. 

25 ‘‘(e) PROJECT SELECTION CRITERIA.— 


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1 ‘‘(1) IN GENERAL.—In selecting a recipient of a 

2 grant for an eligible project, the Secretary shall— 

3 ‘‘(A) give preference to a proposed project 

4 for which the proposed Federal share of total 

5 project costs does not exceed 50 percent; and 

6 ‘‘(B) after factoring in preference to projects 

7 under subparagraph (A), select projects that will 

8 maximize the net benefits of the funds appro9 priated for use under this section, considering 

10 the cost-benefit analysis of the proposed project, 

11 including anticipated private and public benefits 

12 relative to the costs of the proposed project and 

13 factoring in the other considerations described in 

14 paragraph (2). 

15 ‘‘(2) OTHER CONSIDERATIONS.—The Secretary 

16 shall also consider the following: 

17 ‘‘(A) The degree to which the proposed 

18 project’s business plan considers potential pri19 vate sector participation in the financing, con20 struction, or operation of the project; 

21 ‘‘(B) The recipient’s past performance in 

22 developing and delivering similar projects, and 

23 previous financial contributions; 

24 ‘‘(C) Whether the recipient has or will have 

25 the legal, financial, and technical capacity to 


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1 carry out the proposed project, satisfactory con2 tinuing control over the use of the equipment or 

3 facilities, and the capability and willingness to 

4 maintain the equipment or facilities; 

5 ‘‘(D) If applicable, the consistency of the 

6 proposed project with planning guidance and 

7 documents set forth by the Secretary or required 

8 by law or State rail plans developed under chap9 ter 227; 

10 ‘‘(E) If applicable, any technical evaluation 

11 ratings that proposed project received under pre12 vious competitive grant programs administered 

13 by the Secretary; and 

14 ‘‘(F) Such other factors as the Secretary 

15 considers relevant to the successful delivery of the 

16 project. 

17 ‘‘(3) BENEFITS.—The benefits described in para18 graph (1)(B) may include the effects on system and 

19 service performance, including measures such as im20 proved safety, competitiveness, reliability, trip or 

21 transit time, resilience, efficiencies from improved in22 tegration with other modes, and ability to meet exist23 ing or anticipated demand. 

24 ‘‘(f) PERFORMANCE MEASURES.—The Secretary shall 

25 establish performance measures for each grant recipient to 


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1 assess progress in achieving strategic goals and objectives. 

2 The Secretary may require a grant recipient to periodically 

3 report information related to such performance measures. 

4 ‘‘(g) RURAL AREAS.— 

5 ‘‘(1) IN GENERAL.—Of the amounts appro6 priated under this section, at least 25 percent shall be 

7 available for projects in rural areas. The Secretary 

8 shall consider a project to be in a rural area if all 

9 or the majority of the project (determined by the geo10 graphic location or locations where the majority of 

11 the project funds will be spent) is located in a rural 

12 area. 

13 ‘‘(2) DEFINITION OF RURAL AREA.—In this sub14 section, the term ‘rural area’ means any area not in 

15 an urbanized area, as defined by the Census Bureau. 

16 ‘‘(h) FEDERAL SHARE OF TOTAL PROJECT COSTS.— 

17 ‘‘(1) TOTAL PROJECT COSTS.—The Secretary 

18 shall estimate the total costs of a project under this 

19 subsection based on the best available information, in20 cluding engineering studies, studies of economic feasi21 bility, environmental analyses, and information on 

22 the expected use of equipment or facilities. 

23 ‘‘(2) FEDERAL SHARE.—The Federal share of 

24 total project costs under this subsection shall not ex25 ceed 80 percent. 


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1 ‘‘(3) TREATMENT OF PASSENGER RAIL REV2 ENUE.—If Amtrak or another rail passenger carrier 

3 is an applicant under this section, Amtrak or the 

4 other rail passenger carrier, as applicable, may use 

5 ticket and other revenues generated from its oper6 ations and other sources to satisfy the non-Federal 

7 share requirements. 

8 ‘‘(i) APPLICABILITY.—Except as specifically provided 

9 in this section, the use of any amounts appropriated for 

10 grants under this section shall be subject to the requirements 

11 of this chapter. 

12 ‘‘(j) AVAILABILITY.—Amounts appropriated for car13 rying out this section shall remain available until ex14 pended.’’. 

15 (b) CONFORMING AMENDMENT.—The table of contents 

16 of chapter 244, as amended by section 302 of this Act, is 

17 amended by adding after the item relating to section 24407 

18 the following: 

‘‘24408. Consolidated rail infrastructure and safety improvements.’’. 

19 Subtitle C—Hazardous Materials by 

20 Rail 

21 SEC. 431. REAL-TIME EMERGENCY RESPONSE INFORMA22 TION. 

23 (a) IN GENERAL.—Not later than 1 year after the date 

24 of enactment of this Act, the Secretary, in consultation with 


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1 the Secretary of Homeland Security, shall promulgate regu2 lations— 

3 (1) to require a Class I railroad transporting 

4 hazardous materials— 

5 (A) to generate accurate, real-time, and 

6 electronic train consist information, including— 

7 (i) the identity, quantity, and location 

8 of hazardous materials on a train; 

9 (ii) the point of origin and destination 

10 of the train; 

11 (iii) any required emergency response 

12 information or resources; and 

13 (iv) an emergency response point of 

14 contact designated by the Class I railroad; 

15 and 

16 (B) to enter into a memorandum of under17 standing with each applicable fusion center to 

18 provide that fusion center with secure and con19 fidential access to the electronic train consist in20 formation described in subparagraph (A) for 

21 each train transporting hazardous materials in 

22 that fusion center’s jurisdiction; 

23 (2) to require each applicable fusion center to 

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1 gency response officials, and law enforcement per2 sonnel requesting such information following an inci3 dent, accident, or public health or safety emergency 

4 involving the rail transportation of hazardous mate5 rials; 

6 (3) to prohibit any Class I railroad, employee, or 

7 agent from withholding, or causing to be withheld the 

8 electronic train consist information described in 

9 paragraph (1)(A) from first responders, emergency re10 sponse officials, and law enforcement personnel in the 

11 event of an incident, accident, or public health or 

12 safety emergency involving the rail transportation of 

13 hazardous materials; and 

14 (4) to establish security and confidentiality pro15 tections to prevent the release of the electronic train 

16 consist information to unauthorized persons. 

17 (b) DEFINITIONS.—In this section: 

18 (1) APPLICABLE FUSION CENTER.—The term 

19 ‘‘applicable fusion center’’ means a fusion center with 

20 responsibility for a geographic area in which a Class 

21 I railroad operates. 

22 (2) CLASS I RAILROAD.—The term ‘‘Class I rail23 road’’ has the meaning given the term in section 

24 20102 of title 49, United States Code. 


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1 (3) FUSION CENTER.—The term ‘‘fusion center’’ 

2 has the meaning given the term in section 124h(j) of 

3 title 6, United States Code. 

4 (4) HAZARDOUS MATERIALS.—The term ‘‘haz5 ardous materials’’ means material designated as haz6 ardous by the Secretary of Transportation under 

7 chapter 51 of the United States Code. 

8 (5) TRAIN CONSIST.—The term ‘‘train consist’’ 

9 includes, with regard to a specific train, the number 

10 of rail cars and the commodity transported by each 

11 rail car. 

12 (c) SAVINGS CLAUSE.— 

13 (1) Nothing in this section may be construed to 

14 prohibit a Class I railroad from voluntarily entering 

15 into a memorandum of understanding, as described 

16 in subsection (a)(1)(B), with a State emergency re17 sponse commission or an entity representing or in18 cluding first responders, emergency response officials, 

19 and law enforcement personnel. 

20 (2) Nothing in this section may be construed to 

21 amend any requirement for a railroad to provide a 

22 State Emergency Response Commission, for each 

23 State in which it operates trains transporting 

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1 cation regarding the expected movement of such trains 

2 through the counties in the State. 

3 SEC. 432. THERMAL BLANKETS. 

4 (a) REQUIREMENTS.—Not later than 180 days after 

5 the date of enactment of this Act, the Secretary shall pro6 mulgate such regulations as are necessary to require each 

7 tank car built to meet the DOT-117 specification and each 

8 non-jacketed tank car modified to meet the DOT-117R spec9 ification to be equipped with a thermal blanket. 

10 (b) DEFINITION OF THERMAL BLANKET.—In this sec11 tion, the term ‘‘thermal blanket’’ means an insulating blan12 ket that is applied between the outer surface of a tank car 

13 tank and the inner surface of a tank car jacket and that 

14 has thermal conductivity no greater than 2.65 Btu per inch, 

15 per hour, per square foot, and per degree Fahrenheit at a 

16 temperature of 2000 degrees Fahrenheit, plus or minus 100 

17 degrees Fahrenheit. 

18 (c) SAVINGS CLAUSE.— 

19 (1) PRESSURE RELIEF DEVICES.—Nothing in 

20 this section may be construed to affect or prohibit any 

21 requirement to equip with appropriately sized pres22 sure relief devices a tank car built to meet the DOT23 117 specification or a non-jacketed tank car modified 

24 to meet the DOT-117R specification. 


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1 (2) HARMONIZATION.—Nothing in this section 

2 may be construed to require or allow the Secretary to 

3 prescribe an implementation deadline or authoriza4 tion end date for the requirement under subsection (a) 

5 that is earlier than the applicable implementation 

6 deadline or authorization end date for other tank car 

7 modifications necessary to meet the DOT-117R speci8 fication. 

9 SEC. 433. COMPREHENSIVE OIL SPILL RESPONSE PLANS. 

10 (a) REQUIREMENTS.—Not later than 120 days after 

11 the date of enactment of this Act, the Secretary shall issue 

12 a notice of proposed rulemaking to require each railroad 

13 carrier transporting a Class 3 flammable liquid to main14 tain a comprehensive oil spill response plan. 

15 (b) CONTENTS.—The regulations under subsection (a) 

16 shall require each rail carrier described in that subsection— 

17 (1) to include in the comprehensive oil spill re18 sponse plan procedures and resources for responding, 

19 to the maximum extent practicable, to a worst-case 

20 discharge; 

21 (2) to ensure the comprehensive oil spill response 

22 plan is consistent with the National Contingency 

23 Plan and each applicable Area Contingency Plan; 


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1 (3) to include in the comprehensive oil spill re2 sponse plan appropriate notification and training 

3 procedures; 

4 (4) to review and update its comprehensive oil 

5 spill response plan as appropriate; and 

6 (5) to provide the comprehensive oil spill re7 sponse plan for acceptance by the Secretary. 

8 (c) SAVINGS CLAUSE.—Nothing in the section may be 

9 construed as prohibiting the Secretary from promulgating 

10 different comprehensive oil response plan standards for 

11 Class I, Class II, and Class III railroads. 

12 (d) DEFINITIONS.—In this section: 

13 (1) AREA CONTINGENCY PLAN.—The term ‘‘Area 

14 Contingency Plan’’ has the meaning given the term in 

15 section 311(a) of the Federal Water Pollution Control 

16 Act (33 U.S.C. 1321(a)). 

17 (2) CLASS 3 FLAMMABLE LIQUID.—The term 

18 ‘‘Class 3 flammable liquid’’ has the meaning given the 

19 term in section 173.120(a) of title 49, Code of Federal 

20 Regulations. 

21 (3) CLASS I RAILROAD, CLASS II RAILROAD, AND

22 CLASS III RAILROAD.—The terms ‘‘Class I railroad’’, 

23 ‘‘Class II railroad’’ and ‘‘Class III railroad’’ have the 

24 meanings given the terms in section 20102 of title 49, 

25 United States Code. 


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1 (4) NATIONAL CONTINGENCY PLAN.—The term 

2 ‘‘National Contingency Plan’’ has the meaning given 

3 the term in section 1001 of the Oil Pollution Act of 

4 1990 (33 U.S.C. 2701). 

5 (5) RAILROAD CARRIER.—The term ‘‘railroad 

6 carrier’’ has the meaning given the term in section 

7 20102 of title 49, United States Code. 

8 (6) WORST-CASE DISCHARGE.—The term ‘‘worst9 case discharge’’ means a railroad carrier’s calculation 

10 of its largest foreseeable discharge in the event of an 

11 accident or incident. 

12 SEC. 434. HAZARDOUS MATERIALS BY RAIL LIABILITY 

13 STUDY. 

14 (a) IN GENERAL.—Not later than 30 days after the 

15 date of enactment of this Act, the Secretary shall initiate 

16 a study on the levels and structure of insurance for a rail17 road carrier transporting hazardous materials. 

18 (b) CONTENTS.—In conducting the study under sub19 section (a), the Secretary shall evaluate— 

20 (1) the level and structure of insurance, includ21 ing self-insurance, available in the private market 

22 against the full liability potential for damages arising 

23 from an accident or incident involving a train trans24 porting hazardous materials; 


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1 (2) the level and structure of insurance that 

2 would be necessary and appropriate— 

3 (A) to efficiently allocate risk and financial 

4 responsibility for claims; and 

5 (B) to ensure that a railroad carrier trans6 porting hazardous materials can continue to op7 erate despite the risk of an accident or incident; 

8 (3) the potential applicability to trains trans9 porting hazardous materials of— 

10 (A) a liability regime modeled after section 

11 170 of the Atomic Energy Act of 1954, as 

12 amended (42 U.S.C. 2210); and 

13 (B) a liability regime modeled after subtitle 

14 2 of title XXI of the Public Health Service Act 

15 (42 U.S.C. 300aa–10 et seq.). 

16 (c) REPORT.—Not later than 1 year after the date the 

17 study under subsection (a) is initiated, the Secretary shall 

18 submit a report containing the results of the study and rec19 ommendations for addressing liability issues with rail 

20 transportation of hazardous materials to— 

21 (1) the Committee on Commerce, Science, and 

22 Transportation of the Senate; and 

23 (2) the Committee on Transportation and Infra24 structure of the House of Representatives. 

25 (d) DEFINITIONS.—In this section: 


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1 (1) HAZARDOUS MATERIAL.—The term ‘‘haz2 ardous material’’ means a substance or material the 

3 Secretary designates under section 5103(a) of title 49, 

4 United States Code. 

5 (2) RAILROAD CARRIER.—The term ‘‘railroad 

6 carrier’’ has the meaning given the term in section 

7 20102 of title 49, United States Code. 

8 SEC. 435. STUDY AND TESTING OF ELECTRONICALLY-CON9 TROLLED PNEUMATIC BRAKES. 

10 (a) GOVERNMENT ACCOUNTABILITY OFFICE STUDY.— 

11 (1) IN GENERAL.—The Government Account12 ability Office shall complete an independent evalua13 tion of ECP brake systems pilot program data and 

14 the Department of Transportation’s research and 

15 analysis on the effects of ECP brake systems. 

16 (2) STUDY ELEMENTS.—In completing the inde17 pendent evaluation under paragraph (1), the Govern18 ment Accountability Office shall examine the fol19 lowing issues related to ECP brake systems: 

20 (A) Data and modeling results on safety 

21 benefits relative to conventional brakes and to 

22 other braking technologies or systems, such as 

23 distributed power and 2-way end-of-train de24 vices. 


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1 (B) Data and modeling results on business 

2 benefits, including the effects of dynamic brak3 ing. 

4 (C) Data on costs, including up-front cap5 ital costs and on-going maintenance costs. 

6 (D) Analysis of potential operational chal7 lenges, including the effects of potential loco8 motive and car segregation, technical reliability 

9 issues, and network disruptions. 

10 (E) Analysis of potential implementation 

11 challenges, including installation time, positive 

12 train control integration complexities, compo13 nent availability issues, and tank car shop capa14 bilities. 

15 (F) Analysis of international experiences 

16 with the use of advanced braking technologies. 

17 (3) DEADLINE.—Not later than 2 years after the 

18 date of enactment of this Act, the Government Ac19 countability Office shall transmit to the Committee on 

20 Commerce, Science, and Transportation of the Senate 

21 and the Committee on Transportation and Infrastruc22 ture of the House of Representatives a report on the 

23 results of the independent evaluation under para24 graph (1). 

25 (b) EMERGENCY BRAKING APPLICATION TESTING.— 


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1 (1) IN GENERAL.—The Secretary of Transpor2 tation shall enter into an agreement with the NCRRP 

3 Board— 

4 (A) to complete testing of ECP brake sys5 tems during emergency braking application, in6 cluding more than 1 scenario involving the un7 coupling of a train with 70 or more DOT 117- 

8 specification or DOT 117R-specification tank 

9 cars; and 

10 (B) to transmit, not later than 2 years after 

11 the date of enactment of this Act, to the Com12 mittee on Commerce, Science, and Transpor13 tation of the Senate and the Committee on 

14 Transportation and Infrastructure of the House 

15 of Representatives a report on the results of the 

16 testing. 

17 (2) INDEPENDENT EXPERTS.—In completing the 

18 testing under paragraph (1), the NCRRP Board may 

19 contract with 1 or more engineering or rail experts, 

20 as appropriate, with relevant experience in con21 ducting railroad safety technology tests or similar 

22 crash tests. 

23 (3) TESTING FRAMEWORK.—In completing the 

24 testing under paragraph (1), the NCRRP Board and 

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1 sure that the testing objectively, accurately, and reli2 ably measures the performance of ECP brake systems 

3 relative to other braking technologies or systems, such 

4 as distributed power and 2-way end-of-train devices, 

5 including differences in— 

6 (A) the number of cars derailed; 

7 (B) the number of cars punctured; 

8 (C) the measures of in-train forces; and 

9 (D) the stopping distance. 

10 (4) FUNDING.—The Secretary shall require, as 

11 part of the agreement under paragraph (1), that the 

12 NCRRP Board fund the testing required under this 

13 section— 

14 (A) using such sums made available under 

15 section 24910 of title 49, United States Code; 

16 and 

17 (B) to the extent funding under subpara18 graph (A) is insufficient or unavailable to fund 

19 the testing required under this section, using 

20 such sums as are necessary from the amounts 

21 appropriated to the Office of the Secretary. 

22 (5) EQUIPMENT.—The NCRRP Board and each 

23 contractor described in paragraph (2) may receive or 

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1 structure from a private entity for the purposes of 

2 conducting the testing required under this section. 

3 (c) PHASED APPROACH.— 

4 (1) PHASE 1.—Not later than 60 days after the 

5 date of enactment of this Act, the Secretary shall re6 quire each new tank car built to meet the DOT-117 

7 specification and each tank car modified to meet the 

8 DOT-117R specification to have an ECP-ready con9 figuration if the DOT-117 or DOT-117R specification 

10 tank car will be used in high-hazard flammable unit 

11 train service. 

12 (2) PHASE 2.—After the reports are transmitted 

13 under subsections (a)(3) and (b)(1)(B), the Secretary 

14 may initiate a rulemaking, if the Secretary considers 

15 it necessary, to require each railroad carrier oper16 ating a high-hazard flammable unit train to operate 

17 that train in ECP brake mode by 2021 or 2023, un18 less the train does not exceed a certain maximum au19 thorized speed as determined by the Secretary in the 

20 rulemaking. 

21 (d) CONFORMING AMENDMENT.—Not later than 60 

22 days after the date of enactment of this Act, the Secretary 

23 shall issue regulations to repeal the ECP brakes and ECP 

24 brake mode requirements in sections 174.310(a)(3)(ii), 

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1 12(g), and 179.202-13(i) of title 49, Code of Federal Regula2 tions, and, except as provided in subsection (c), any other 

3 regulation in effect on the date of enactment of this Act re4 quiring the installation of ECP brakes or operation in ECP 

5 brake mode. 

6 (e) SAVINGS CLAUSE.— 

7 (1) ECP BRAKE MODE.—Nothing in this section 

8 may be construed as prohibiting or requiring a rail9 road carrier from operating its trains in ECP brake 

10 mode. 

11 (2) HARMONIZATION.—Nothing in this section 

12 may be construed to require or allow the Secretary to 

13 prescribe an implementation deadline for the require14 ment under subsection (c)(1) that is earlier than the 

15 applicable implementation deadline for other tank car 

16 modifications necessary to meet the DOT-117R speci17 fication for tank cars that will be used in high-hazard 

18 flammable unit train service. 

19 (f) DEFINITIONS.—In this section: 

20 (1) CLASS 3 FLAMMABLE LIQUID.—The term 

21 ‘‘Class 3 flammable liquid’’ has the meaning given the 

22 term in section 173.120(a) of title 49, Code of Federal 

23 Regulations. 


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1 (2) ECP.—The term ‘‘ECP’’ means electroni2 cally-controlled pneumatic when applied to a brake or 

3 brakes. 

4 (3) ECP BRAKE MODE.—The term ‘‘ECP brake 

5 mode’’ includes any operation of a rail car or an en6 tire train using an ECP brake system. 

7 (4) ECP BRAKE SYSTEM.— 

8 (A) IN GENERAL.—The term ‘‘ECP brake 

9 system’’ means a train power braking system ac10 tuated by compressed air and controlled by elec11 tronic signals from the locomotive or an ECP12 EOT to the cars in the consist for service and 

13 emergency applications in which the brake pipe 

14 is used to provide a constant supply of com15 pressed air to the reservoirs on each car but does 

16 not convey braking signals to the car. 

17 (B) INCLUSIONS.—The term ‘‘ECP brake 

18 system’’ includes dual mode and stand-alone 

19 ECP brake systems. 

20 (5) ECP-READY CONFIGURATION.—The term 

21 ‘‘ECP-ready configuration’’ means mounting brackets 

22 and fixed conduit on the tank car to facilitate the fu23 ture application of additional ECP componentry and 

24 required cables. 


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1 (6) HIGH-HAZARD FLAMMABLE UNIT TRAIN.— 

2 The term ‘‘high-hazard flammable unit train’’ means 

3 a single train transporting 70 or more loaded tank 

4 cars containing Class 3 flammable liquid. 

5 (7) NCRRP BOARD.—The term ‘‘NCRRP 

6 Board’’ means the independent governing board of the 

7 National Cooperative Rail Research Program. 

8 (8) RAILROAD CARRIER.—The term ‘‘railroad 

9 carrier’’ has the meaning given the term in section 

10 20102 of title 49, United States Code. 

11 SEC. 436. RECORDING DEVICES. 

12 (a) IN GENERAL.—Subchapter II of chapter 201 is 

13 amended by adding after section 20167 the following: 

14 ‘‘§ 20168. Installation of audio and image recording 

15 devices 

16 ‘‘(a) IN GENERAL.—Not later than 2 years after the 

17 date of enactment of the Railroad Reform, Enhancement, 

18 and Efficiency Act, the Secretary of Transportation shall 

19 promulgate regulations to require each rail carrier that pro20 vides regularly scheduled intercity rail passenger or com21 muter rail passenger transportation to the public to install 

22 inward- and outward-facing image recording devices in all 

23 controlling locomotive cabs and cab car operating compart24 ments in such passenger trains. 


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1 ‘‘(b) DEVICE STANDARDS.—Each inward- and out2 ward-facing image recording device shall— 

3 ‘‘(1) have a minimum 12-hour continuous re4 cording capability; 

5 ‘‘(2) have crash and fire protections for any in6 cab image recordings that are stored only within a 

7 controlling locomotive cab or cab car operating com8 partment; and 

9 ‘‘(3) have recordings accessible for review during 

10 an accident investigation. 

11 ‘‘(c) REVIEW.—The Secretary shall establish a process 

12 to review and approve or disapprove an inward- or out13 ward-facing recording device for compliance with the stand14 ards described in subsection (b). 

15 ‘‘(d) USES.—A rail carrier that has installed an 

16 inward- or outward-facing image recording device approved 

17 under subsection (c) may use recordings from that inward18 or outward-facing image recording device for the following 

19 purposes: 

20 ‘‘(1) Verifying that train crew actions are in ac21 cordance with applicable safety laws and the rail car22 rier’s operating rules and procedures. 

23 ‘‘(2) Assisting in an investigation into the cau24 sation of a reportable accident or incident. 


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1 ‘‘(3) Carrying out efficiency testing and system2 wide performance monitoring programs. 

3 ‘‘(4) Documenting a criminal act or monitoring 

4 unauthorized occupancy of the controlling locomotive 

5 cab or car operating compartment. 

6 ‘‘(e) VOLUNTARY IMPLEMENTATION.— 

7 ‘‘(1) IN GENERAL.—Each rail carrier operating 

8 freight rail service may implement any inward- or 

9 outward-facing image recording devices approved 

10 under subsection (c). 

11 ‘‘(2) AUTHORIZED USES.—Notwithstanding any 

12 other provision of law, each rail carrier may use re13 cordings from an inward- or outward-facing image 

14 recording device approved under subsection (c) for 

15 any of the purposes described in subsection (d). 

16 ‘‘(f) DISCRETION.— 

17 ‘‘(1) IN GENERAL.—The Secretary may— 

18 ‘‘(A) require in-cab audio recording devices 

19 for the purposes described in paragraphs (1) 

20 through (4) of subsection (d); and 

21 ‘‘(B) define in appropriate technical detail 

22 the essential features of the devices required 

23 under subparagraph (A). 

24 ‘‘(2) EXEMPTIONS.—The Secretary may exempt 

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1 senger carrier’s operations from the requirements 

2 under subsection (a) if the Secretary determines that 

3 the rail passenger carrier has implemented an alter4 native technology or practice that provides an equiva5 lent or greater safety benefit or is better suited to the 

6 risks of the operation. 

7 ‘‘(g) TAMPERING.—A rail carrier may take appro8 priate enforcement or administrative action against any 

9 employee that tampers with or disables an audio or inward10 or outward-facing image recording device installed by the 

11 rail carrier. 

12 ‘‘(h) PRESERVATION OF DATA.—Each rail passenger 

13 carrier subject to the requirements of subsection (a) shall 

14 preserve recording device data for 1 year after the date of 

15 a reportable accident or incident. 

16 ‘‘(i) INFORMATION PROTECTIONS.— 

17 ‘‘(1) SECTION 552(B)(3) OF TITLE 5 EXEMPTION.— 

18 An in-cab audio or image recording, and any part 

19 thereof, that the Secretary obtains as part of an acci20 dent or incident investigated by the Department of 

21 Transportation shall be exempt from disclosure under 

22 section 552(b)(3) of title 5. 

23 ‘‘(2) RESTRICTIONS ON DISCLOSURE.—The Sec24 retary may allow an audio or image recordings de25 rived from an audio or inward- or outward-facing 


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1 image recording device to receive any of the informa2 tion and legal protections available to any report, 

3 survey, schedule, list, or data compiled or collected as 

4 part of the Department of Transportation railroad 

5 safety risk reduction program if— 

6 ‘‘(A) the recording is derived from— 

7 ‘‘(i) an audio or inward- or outward8 facing image recording device that was im9 plemented pursuant to its railroad safety 

10 risk reduction program under section 

11 20156; and 

12 ‘‘(ii) an inward- or outward-facing 

13 image recording device that was approved 

14 under subsection (c); or 

15 ‘‘(B) an audio recording device that is com16 pliant with the requirements under subsection 

17 (f)(1). 

18 ‘‘(j) PROHIBITED USE.—An in-cab audio or image re19 cording obtained by a rail carrier under this section may 

20 not be used to retaliate against an employee. 

21 ‘‘(k) SAVINGS CLAUSE.—Nothing in this section may 

22 be construed as requiring a rail carrier to cease or restrict 

23 operations upon a technical failure of an inward- or out24 ward-facing image recording device. Such rail carrier shall 


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1 repair or replace the failed inward- or outward-facing 

2 image recording device as soon as practicable.’’. 

3 (b) CONFORMING AMENDMENT.—The table of contents 

4 for subchapter II of chapter 201 is amended by adding at 

5 the end the following: 

‘‘20168. Installation of audio and image recording devices.’’. 

6 SEC. 437. RAIL PASSENGER TRANSPORTATION LIABILITY. 

7 (a) LIMITATIONS.—Section 28103(a) is amended— 

8 (1) in paragraph (2), by striking 

9 ‘‘$200,000,000’’ and inserting ‘‘$295,000,000, except 

10 as provided in paragraph (3)’’; and 

11 (2) by adding at the end the following: 

12 ‘‘(3) The liability cap under paragraph (2) shall 

13 be adjusted every 10 years by the Secretary of Trans14 portation to reflect changes in the Consumer Price 

15 Index-All Urban Consumers. 

16 ‘‘(4) The Federal Government shall have no fi17 nancial responsibility for any claims described in 

18 paragraph (2).’’. 

19 (b) DEFINITION OF RAIL PASSENGER TRANSPOR20 TATION.—Section 28103(e) is amended— 

21 (1) in the heading, by striking ‘‘DEFINITION.’’ 

22 and inserting ‘‘DEFINITIONS.’’; 

23 (2) in paragraph (2), by striking ‘‘; and’’ and 

24 inserting a semicolon; 


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1 (3) in paragraph (3), by striking the period at 

2 the end and inserting ‘‘; and’’; and 

3 (4) by adding at the end, the following: 

4 ‘‘(4) the term ‘rail passenger transportation’ in5 cludes commuter rail passenger transportation (as de6 fined in section 24102).’’. 

7 (c) PROHIBITION.—No Federal funds may be appro8 priated for the purpose of paying for the portion of an in9 surance premium attributable to the increase in allowable 

10 awards under the amendments made by subsection (a). 

11 (d) EFFECTIVE DATE.—The amendments made by 

12 subsection (a) shall be effective for any passenger rail acci13 dent or incident occurring on or after May 12, 2015. 

14 SEC. 438. MODIFICATION REPORTING. 

15 (a) IN GENERAL.—Not later than 1 year after the date 

16 of enactment of this Act, the Secretary shall implement a 

17 reporting requirement to monitor industry-wide progress 

18 toward modifying tank cars used in high-hazard flammable 

19 train service by the applicable deadlines or authorization 

20 end dates set in regulation. 

21 (b) TANK CAR DATA.—The Secretary shall collect data 

22 from shippers and tank car owners on— 

23 (1) the total number of tank cars modified to 

24 meet the DOT-117R specification, or equivalent, 

25 specifying— 


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1 (A) the type or specification of each tank 

2 car before it was modified, including non-jack3 eted DOT-111, jacketed DOT-111, non-jacketed 

4 DOT-111 meeting the CPC-1232 standard, or 

5 jacketed DOT-111 meeting the CPC-1232 stand6 ard; and 

7 (B) the identification number of each Class 

8 3 flammable liquid carried by each tank car in 

9 the past year; 

10 (2) the total number of tank cars built to meet 

11 the DOT-117 specification, or equivalent; and 

12 (3) the total number of tank cars used or likely 

13 to be used in high-hazard flammable train service 

14 that have not been modified, specifying— 

15 (A) the type or specification of each tank 

16 car not modified, including the non-jacketed 

17 DOT-111, jacketed DOT-111, non-jacketed DOT18 111 meeting the CPC-1232 standard, or jacketed 

19 DOT-111 meeting the CPC-1232 standard; and 

20 (B) the identification number of each Class 

21 3 flammable liquid carried by each tank car in 

22 the past year. 

23 (c) TANK CAR SHOP DATA.—The Secretary shall con24 duct a survey of tank car facilities modifying tank cars to 

25 the DOT-117R specification, or equivalent, or building new 


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1 tank cars to the DOT-117 specification, or equivalent, to 

2 generate statistically-valid estimates of the expected number 

3 of tank cars those facilities expect to modify to DOT-117R 

4 specification, or equivalent, or build to the DOT-117 speci5 fication, or equivalent. 

6 (d) FREQUENCY.—The Secretary shall collect the data 

7 under subsection (b) and conduct the survey under sub8 section (c) annually until May 1, 2025. 

9 (e) INFORMATION PROTECTIONS.— 

10 (1) IN GENERAL.—The Secretary shall only re11 port data in industry-wide totals and shall treat com12 pany-specific information as confidential business in13 formation. 

14 (2) LEVEL OF CONFIDENTIALITY.—The Secretary 

15 shall ensure the data collected under subsection (b) 

16 and the survey data under subsection (c) have the 

17 same level of confidentiality as contained in the Con18 fidential Information Protection and Statistical Effi19 ciency Act of 2002 (44 U.S.C. 3501 note), as adminis20 tered by the Bureau of Transportation Statistics. 

21 (3) SECTION 552(B)(3) OF TITLE 5.—Any infor22 mation that the Secretary obtains under subsection 

23 (b) or subsection (c) by the Department of Transpor24 tation shall be exempt from disclosure under section 

25 552(b)(3) of title 5. 


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1 (4) DESIGNEE.—The Secretary may designate 

2 the Director of the Bureau of Transportation Statis3 tics to collect data under subsection (b) and the sur4 vey data under subsection (c) and direct the Director 

5 to ensure the confidentially of company-specific infor6 mation to the maximum extent permitted by law. 

7 (f) REPORT.—Each year, not later than 60 days after 

8 the date that both the collection of the data under subsection 

9 (b) and the survey under subsection (c) are complete, the 

10 Secretary shall report on the aggregate results, without com11 pany-specific information, to— 

12 (1) the Committee on Commerce, Science, and 

13 Transportation of the Senate; and 

14 (2) the Committee on Transportation and Infra15 structure of the House of Representatives. 

16 (g) DEFINITIONS.—In this section: 

17 (1) CLASS 3 FLAMMABLE LIQUID.—The term 

18 ‘‘Class 3 flammable liquid’’ has the meaning given the 

19 term in section 173.120(a) of title 49, Code of Federal 

20 Regulations. 

21 (2) HIGH-HAZARD FLAMMABLE TRAIN.—The 

22 term ‘‘high-hazard flammable train’’ means a single 

23 train transporting 20 or more tank cars loaded with 

24 a Class 3 flammable liquid in a continuous block or 

25 a single train transporting 35 or more tank cars 


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1 loaded with a Class 3 flammable liquid throughout 

2 the train consist. 

3 TITLE V—PROJECT DELIVERY 

4 SEC. 501. SHORT TITLE. 

5 This title may be cited as the ‘‘Track, Railroad, and 

6 Infrastructure Network Act’’. 

7 SEC. 502. PRESERVATION OF PUBLIC LANDS. 

8 (a) HIGHWAYS.—Section 138 of title 23, United States 

9 Code, is amended— 

10 (1) in subsection (b)(2)(A)(i), by inserting ‘‘, 

11 taking into consideration any avoidance, minimiza12 tion, and mitigation or enhancement measures incor13 porated into the program or project’’ after ‘‘historic 

14 site’’; and 

15 (2) by adding at the end the following: 

16 ‘‘(c) RAIL AND TRANSIT.—Improvements to, or the 

17 maintenance, rehabilitation, or operation of, railroad or 

18 rail transit lines or elements of such lines, with the excep19 tion of stations, that are in use or were historically used 

20 for the transportation of goods or passengers, shall not be 

21 considered a use of an historic site under subsection (a), 

22 regardless of whether the railroad or rail transit line or ele23 ment of such line is listed on, or eligible for listing on, the 

24 National Register of Historic Places.’’. 


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1 (b) TRANSPORTATION PROJECTS.—Section 303 is 

2 amended— 

3 (1) in subsection (c), by striking ‘‘subsection (d)’’ 

4 and inserting ‘‘subsections (d) and (e)’’; 

5 (2) in subsection (d)(2)(A)(i), by inserting ‘‘, 

6 taking into consideration any avoidance, minimiza7 tion, and mitigation or enhancement measures incor8 porated into the program or project’’ after ‘‘historic 

9 site’’; and 

10 (3) by adding at the end the following: 

11 ‘‘(e) RAIL AND TRANSIT.—Improvements to, or the 

12 maintenance, rehabilitation, or operation of, railroad or 

13 rail transit lines or elements of such lines, with the excep14 tion of stations, that are in use or were historically used 

15 for the transportation of goods or passengers, shall not be 

16 considered a use of an historic site under subsection (c), 

17 regardless of whether the railroad or rail transit line or ele18 ment of such line is listed on, or eligible for listing on, the 

19 National Register of Historic Places.’’. 

20 SEC. 503. EFFICIENT ENVIRONMENTAL REVIEWS. 

21 (a) IN GENERAL.—Section 304 is amended— 

22 (1) in the heading, by striking ‘‘for 

23 multimodal projects’’ and inserting ‘‘and in24 creasing the efficiency of environmental 

25 reviews’’; and 


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1 (2) by adding at the end the following: 

2 ‘‘(e) EFFICIENT ENVIRONMENTAL REVIEWS.— 

3 ‘‘(1) IN GENERAL.—The Secretary of Transpor4 tation shall apply the project development procedures, 

5 to the greatest extent feasible, described in section 139 

6 of title 23, United States Code, to any rail project 

7 that requires the approval of the Secretary of Trans8 portation under the National Environmental Policy 

9 Act of 1969 (42 U.S.C. 4321 et seq.). 

10 ‘‘(2) REGULATIONS AND PROCEDURES.—The Sec11 retary of Transportation shall incorporate such 

12 project development procedures into the agency regu13 lations and procedures pertaining to rail projects. 

14 ‘‘(f) APPLICABILITY OF NEPA DECISIONS.— 

15 ‘‘(1) IN GENERAL.—A Department of Transpor16 tation operating administration may apply a cat17 egorical exclusion designated by another Department 

18 of Transportation operating administration under the 

19 National Environmental Policy Act of 1969 (42 

20 U.S.C. 4321 et seq.). 

21 ‘‘(2) FINDINGS.—A Department of Transpor22 tation operating administration may adopt, in whole 

23 or in part, another Department of Transportation op24 erating administration’s Record of Decision, Finding 

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1 tions, determinations, or findings demonstrating com2 pliance with any law related to environmental review 

3 or historic preservation.’’. 

4 SEC. 504. ADVANCE ACQUISITION. 

5 (a) IN GENERAL.—Chapter 241 is amended by insert6 ing after section 24105 the following— 

7 ‘‘§ 24106. Advance acquisition 

8 ‘‘(a) RAIL CORRIDOR PRESERVATION.—The Secretary 

9 may assist a recipient of funding in acquiring right-of-way 

10 and adjacent real property interests before or during the 

11 completion of the environmental reviews for any project re12 ceiving funding under subtitle V of title 49, United States 

13 Code, that may use such property interests if the acquisition 

14 is otherwise permitted under Federal law, and the recipient 

15 requesting Federal funding for the acquisition certifies, with 

16 the concurrence of the Secretary, that— 

17 ‘‘(1) the recipient has authority to acquire the 

18 right-of-way or adjacent real property interest; and 

19 ‘‘(2) the acquisition of the right-of-way or adja20 cent real property interest— 

21 ‘‘(A) is for a transportation or transpor22 tation-related purpose; 

23 ‘‘(B) will not cause significant adverse envi24 ronmental impact; 


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1 ‘‘(C) will not limit the choice of reasonable 

2 alternatives for the proposed project or otherwise 

3 influence the decision of the Secretary on any 

4 approval required for the proposed project; 

5 ‘‘(D) does not prevent the lead agency for 

6 the review process from making an impartial de7 cision as to whether to accept an alternative that 

8 is being considered; 

9 ‘‘(E) complies with other applicable Federal 

10 law, including regulations; 

11 ‘‘(F) will be acquired through negotiation 

12 and without the threat of condemnation; and 

13 ‘‘(G) will not result in the elimination or 

14 reduction of benefits or assistance to a displaced 

15 person under the Uniform Relocation Assistance 

16 and Real Property Acquisition Policies Act of 

17 1970 (42 U.S.C. 4601 et seq.) and title VI of the 

18 Civil Rights Act of 1964 (42 U.S.C. 2000d et 

19 seq.). 

20 ‘‘(b) ENVIRONMENTAL REVIEWS.— 

21 ‘‘(1) COMPLETION OF NEPA REVIEW.—Before au22 thorizing any Federal funding for the acquisition of 

23 a real property interest that is the subject of a grant 

24 or other funding under this subtitle, the Secretary 

25 shall complete, if required, the review process under 


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1 the National Environmental Policy Act of 1969 (42 

2 U.S.C. 4321 et seq.) with respect to the acquisition. 

3 ‘‘(2) COMPLETION OF SECTION 106.—An acquisi4 tion of a real property interest involving an historic 

5 site shall not occur unless the section 106 process, if 

6 required, under the National Historic Preservation 

7 Act (54 U.S.C. 306108) is complete. 

8 ‘‘(3) TIMING OF ACQUISITIONS.—A real property 

9 interest acquired under subsection (a) may not be de10 veloped in anticipation of the proposed project until 

11 all required environmental reviews for the project 

12 have been completed.’’. 

13 (b) CONFORMING AMENDMENT.—The table of contents 

14 of chapter 241 is amended by inserting after the item relat15 ing to section 24105 the following: 

‘‘24106. Advance acquisition.’’. 

16 SEC. 505. RAILROAD RIGHTS-OF-WAY. 

17 Section 306108 of title 54, United States Code, is 

18 amended— 

19 (1) by inserting ‘‘(b) OPPORTUNITY TO COM20 MENT.—’’ before ‘‘The head of the Federal agency 

21 shall afford’’ and indenting accordingly; 

22 (2) in the matter preceding subsection (b), as 

23 designated, by inserting ‘‘(a) IN GENERAL.—’’ before 

24 ‘‘The head of any Federal agency having direct’’ and 

25 indenting accordingly; and 


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1 (3) by adding at the end the following: 

2 ‘‘(c) EXEMPTION FOR RAILROAD RIGHTS-OF-WAY.— 

3 ‘‘(1) IN GENERAL.—Not later than 1 year after 

4 the date of enactment of the Track, Railroad, and In5 frastructure Network Act, the Secretary of Transpor6 tation shall submit a proposed exemption of railroad 

7 rights-of-way from the review under this chapter to 

8 the Council for its consideration, consistent with the 

9 exemption for interstate highways approved on March 

10 10, 2005 (70 Fed. Reg. 11,928). 

11 ‘‘(2) FINAL EXEMPTION.—Not later than 180 

12 days after the date that the Secretary submits the pro13 posed exemption under paragraph (1) to the Council, 

14 the Council shall issue a final exemption of railroad 

15 rights-of-way from review under this chapter, con16 sistent with the exemption for interstate highways ap17 proved on March 10, 2005 (70 Fed. Reg. 11,928).’’. 

18 SEC. 506. IMPROVING STATE AND FEDERAL AGENCY EN19 GAGEMENT IN ENVIRONMENTAL REVIEWS. 

20 (a) IN GENERAL.—Chapter 3 is amended by inserting 

21 after section 306 the following: 

22 ‘‘§ 307. Improving State and Federal agency engage23 ment in environmental reviews 

24 ‘‘(a) IN GENERAL.—An entity receiving financial as25 sistance from the Secretary of Transportation for 1 or more 


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1 projects or for a program of projects, may request that the 

2 Secretary allow the entity to provide funds to any Federal 

3 agency, including the Department of Transportation, State 

4 agency, or Indian tribe (as defined in section 102 of the 

5 Federally Recognized Indian Tribe List Act of 1994 (25 

6 U.S.C. 479a)) participating in the environmental planning 

7 and review process for the project, projects, or program. The 

8 funds may be provided only to support activities that di9 rectly and meaningfully contribute to expediting and im10 proving permitting and review processes, including plan11 ning, approval, and consultation processes for the project, 

12 projects, or program. 

13 ‘‘(b) ACTIVITIES ELIGIBLE FOR FUNDING.—Activities 

14 for which funds may be provided under subsection (a) in15 clude transportation planning activities that precede the 

16 initiation of the environmental review process, activities di17 rectly related to the environmental review process, dedicated 

18 staffing, training of agency personnel, information gath19 ering and mapping, and development of programmatic 

20 agreements. 

21 ‘‘(c) AMOUNTS.—Requests under subsection (a) may be 

22 approved only for the additional amounts that the Sec23 retary determines are necessary for the Federal agencies, 

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1 ronmental planning and review process to timely conduct 

2 the reviews in an expedited manner. 

3 ‘‘(d) AGREEMENTS.—Prior to providing funds ap4 proved by the Secretary for dedicated staffing at an affected 

5 Federal agency under subsections (a) and (b), the affected 

6 Federal agency, State agency or Indian tribe, as appro7 priate, and the requesting entity shall enter into an agree8 ment that establishes a process to identify the projects or 

9 priorities to be addressed by the use of the funds. 

10 ‘‘(e) RULE OF CONSTRUCTION.—Nothing in this sec11 tion shall be construed to be inconsistent with or to interfere 

12 with section 139(j) of title 23.’’. 

13 (b) CONFORMING AMENDMENT.—The table of contents 

14 of chapter 3 is amended by inserting after the item relating 

15 to section 306 the following: 

‘‘307. Improving State and Federal agency engagement in environmental reviews.’’. 

16 SEC. 507. SAVINGS CLAUSE. 

17 Nothing in this title, or any amendment made by this 

18 title, shall be construed as superceding, amending, or modi19 fying the National Environmental Policy Act of 1969 (42 

20 U.S.C. 4321 et seq.) or affect the responsibility of any Fed21 eral officer to comply with or enforce any such statute. 

22 SEC. 508. TRANSITION. 

23 Nothing in this title, or any amendment made by this 

24 title, shall affect any existing environmental review process, 


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1 program, agreement, or funding arrangement approved by 

2 the Secretary under title 49, United States Code, as that 

3 title was in effect on the day preceding the date of enact4 ment of this title. 

5 TITLE VI—FINANCING 

6 SEC. 601. SHORT TITLE; REFERENCES. 

7 (a) SHORT TITLE.—This title may be cited as the 

8 ‘‘Railroad Infrastructure Financing Improvement Act’’. 

9 (b) REFERENCES TO THE RAILROAD REVITALIZATION

10 AND REGULATORY REFORM ACT OF 1976.—Except as oth11 erwise expressly provided, wherever in this title an amend12 ment or repeal is expressed in terms of an amendment to, 

13 or repeal of, a section or other provision, the reference shall 

14 be considered to be made to a section or other provision 

15 of the Railroad Revitalization and Regulatory Reform Act 

16 of 1976, as amended (45 U.S.C. 801 et seq.). 

17 SEC. 602. DEFINITIONS. 

18 Section 501 (45 U.S.C. 821) is amended— 

19 (1) by redesignating paragraph (8) as para20 graph (10); 

21 (2) by redesignating paragraphs (6) and (7) as 

22 paragraphs (7) and (8), respectively; 

23 (3) by inserting after paragraph (5) the fol24 lowing: 


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1 ‘‘(6) The term ‘investment-grade rating’ means a 

2 rating of BBB minus, Baa 3, bbb minus, BBB(low), 

3 or higher assigned by a rating agency.’’; 

4 (4) by inserting after paragraph (8), as redesig5 nated, the following: 

6 ‘‘(9) The term ‘master credit agreement’ means 

7 an agreement to make 1 or more direct loans or loan 

8 guarantees at future dates for a program of related 

9 projects on terms acceptable to the Secretary.’’; and 

10 (5) by adding at the end the following: 

11 ‘‘(11) The term ‘obligor’ means a party that— 

12 ‘‘(A) is primarily liable for payment of the 

13 principal of or interest on a direct loan or loan 

14 guarantee under this section; and 

15 ‘‘(B) may be a corporation, limited liability 

16 company, partnership, joint venture, trust, or 

17 governmental entity, agency, or instrumentality. 

18 ‘‘(12) The term ‘project obligation’ means a note, 

19 bond, debenture, or other debt obligation issued by a 

20 borrower in connection with the financing of a 

21 project, other than a direct loan or loan guarantee 

22 under this title. 

23 ‘‘(13) The term ‘railroad’ has the meaning given 

24 the term ‘railroad carrier’ in section 20102 of title 49, 

25 United States Code. 


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1 ‘‘(14) The term ‘rating agency’ means a credit 

2 rating agency registered with the Securities and Ex3 change Commission as a nationally recognized statis4 tical rating organization (as defined in section 3(a) 

5 of the Securities Exchange Act of 1934 (15 U.S.C. 

6 78c(a))). 

7 ‘‘(15) The term ‘substantial completion’ means— 

8 ‘‘(A) the opening of a project to passenger 

9 or freight traffic; or 

10 ‘‘(B) a comparable event, as determined by 

11 the Secretary and specified in the direct loan.’’. 

12 SEC. 603. ELIGIBLE APPLICANTS. 

13 Section 502(a) (45 U.S.C. 822(a)) is amended— 

14 (1) in paragraph (5), by striking ‘‘one railroad; 

15 and’’ and inserting ‘‘1 of the entities described in 

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

17 (2) by amending paragraph (6) to read as fol18 lows: 

19 ‘‘(6) solely for the purpose of constructing a rail 

20 connection between a plant or facility and a rail car21 rier, limited option freight shippers that own or oper22 ate a plant or other facility; and’’; and 

23 (3) by adding at the end the following: 

24 ‘‘(7) any obligor, as designated by an entity oth25 erwise eligible to receive a direct loan or loan guarVerDate Sep 11 2014 22:39 May 16, 2016 Jkt 059200 PO 00000 Frm 00419 Fmt 6652 Sfmt 6203 E:\BILLS\S1626.RS S1626

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1 antee under this section, including a special purpose 

2 entity receiving user fees or other payments or reve3 nues from dedicated sources for debt service and 

4 maintenance of the equipment or facilities to be ac5 quired or improved; and 

6 ‘‘(8) a public-private or private partnership be7 tween at least 1 other entity listed in any of para8 graphs (1) through (7) and a consortium that special9 izes in real estate development.’’. 

10 SEC. 604. ELIGIBLE PURPOSES. 

11 Section 502(b)(1) (45 U.S.C. 822(b)(1)) is amended— 

12 (1) in subparagraph (A), by inserting ‘‘, and 

13 costs related to these activities, including pre-con14 struction costs’’ after ‘‘shops’’; 

15 (2) in subparagraph (B), by striking ‘‘subpara16 graph (A); or’’ and inserting ‘‘subparagraph (A) or 

17 subparagraph (C);’’; 

18 (3) in subparagraph (C), by striking the period 

19 at the end and inserting a semicolon; and 

20 (4) by adding at the end the following: 

21 ‘‘(D) reimburse planning and design ex22 penses relating to projects described in subpara23 graph (A) or (C); or 


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1 ‘‘(E) finance economic development, includ2 ing commercial and residential development, and 

3 related infrastructure and activities, that— 

4 ‘‘(i) incorporates private investment; 

5 ‘‘(ii) is physically or functionally re6 lated to a passenger rail station or 

7 multimodal station that includes rail serv8 ice; 

9 ‘‘(iii) has a high probability of the ap10 plicant commencing the contracting process 

11 for construction not later than 90 days after 

12 the date on which the direct loan or loan 

13 guarantee is obligated for the project under 

14 this title; and 

15 ‘‘(iv) has a high probability of reduc16 ing the need for financial assistance under 

17 any other Federal program for the relevant 

18 passenger rail station or service by increas19 ing ridership, tenant lease payments, or 

20 other activities that generate revenue exceed21 ing costs.’’. 

22 SEC. 605. PROGRAM ADMINISTRATION. 

23 (a) APPLICATION PROCESSING PROCEDURES.—Sec24 tion 502(i) (45 U.S.C. 822(i)) is amended to read as fol25 lows: 


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1 ‘‘(i) APPLICATION PROCESSING PROCEDURES.— 

2 ‘‘(1) APPLICATION STATUS NOTICES.—Not later 

3 than 30 days after the date that the Secretary receives 

4 an application under this section, the Secretary shall 

5 provide the applicant written notice as to whether the 

6 application is complete or incomplete. 

7 ‘‘(2) INCOMPLETE APPLICATIONS.—If the Sec8 retary determines that an application is incomplete, 

9 the Secretary shall— 

10 ‘‘(A) provide the applicant with a descrip11 tion of all of the specific information or material 

12 that is needed to complete the application; and 

13 ‘‘(B) allow the applicant to resubmit the in14 formation and material described under sub15 paragraph (A) to complete the application. 

16 ‘‘(3) APPLICATION APPROVALS AND DIS17 APPROVALS.— 

18 ‘‘(A) IN GENERAL.—Not later than 60 days 

19 after the date the Secretary notifies an applicant 

20 that an application is complete under paragraph 

21 (1), the Secretary shall provide the applicant 

22 written notice as to whether the Secretary has 

23 approved or disapproved the application. 

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1 ance with the time limit under subparagraph 

2 (A), the Office of Management and Budget shall 

3 take any action required with respect to the ap4 plication within that 60-day period. 

5 ‘‘(4) EXPEDITED PROCESSING.—The Secretary 

6 shall implement procedures and measures to econo7 mize the time and cost involved in obtaining an ap8 proval or a disapproval of credit assistance under 

9 this title. 

10 ‘‘(5) DASHBOARD.—The Secretary shall post on 

11 the Department of Transportation’s public Web site a 

12 monthly report that includes for each application— 

13 ‘‘(A) the name of the applicant or appli14 cants; 

15 ‘‘(B) the location of the project; 

16 ‘‘(C) a brief description of the project, in17 cluding its purpose; 

18 ‘‘(D) the requested direct loan or loan guar19 antee amount; 

20 ‘‘(E) the date on which the Secretary pro21 vided application status notice under paragraph 

22 (1); and 

23 ‘‘(F) the date that the Secretary provided 

24 notice of approval or disapproval under para25 graph (3).’’. 


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1 (b) ADMINISTRATION OF DIRECT LOANS AND LOAN

2 GUARANTEES.—Section 503 (45 U.S.C. 823) is amended— 

3 (1) in subsection (a), by striking the period at 

4 the end and inserting ‘‘, including a program guide 

5 and standard term sheet and specific timetables.’’; 

6 (2) by redesignating subsections (c) through (l) 

7 as subsections (d) through (m), respectively; 

8 (3) by striking ‘‘(b) ASSIGNMENT OF LOAN

9 GUARANTEES.—’’ and inserting ‘‘(c) ASSIGNMENT OF

10 LOAN GUARANTEES.—’’; 

11 (4) in subsection (d), as redesignated— 

12 (A) in paragraph (1), by striking ‘‘; and’’ 

13 and inserting a semicolon; 

14 (B) in paragraph (2), by striking the period 

15 at the end and inserting ‘‘; and’’; and 

16 (C) by adding at the end the following: 

17 ‘‘(3) the modification cost has been covered under 

18 section 502(f).’’; and 

19 (5) by amending subsection (l), as redesignated, 

20 to read as follows: 

21 ‘‘(l) CHARGES AND LOAN SERVICING.— 

22 ‘‘(1) PURPOSES.—The Secretary may collect and 

23 spend from each applicant, obligor, or loan party a 

24 reasonable charge for— 


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1 ‘‘(A) the cost of evaluating the application, 

2 amendments, modifications, and waivers, includ3 ing for evaluating project viability, applicant 

4 creditworthiness, and the appraisal of the value 

5 of the equipment or facilities for which the direct 

6 loan or loan guarantee is sought, and for making 

7 necessary determinations and findings; 

8 ‘‘(B) the cost of award management and 

9 project management oversight; 

10 ‘‘(C) the cost of services from expert firms, 

11 including counsel, and independent financial ad12 visors to assist in the underwriting, auditing, 

13 servicing, and exercise of rights with respect to 

14 direct loans and loan guarantees; and 

15 ‘‘(D) the cost of all other expenses incurred 

16 as a result of a breach of any term or condition 

17 or any event of default on a direct loan or loan 

18 guarantee. 

19 ‘‘(2) STANDARDS.—The Secretary may charge 

20 different amounts under this subsection based on the 

21 different costs incurred under paragraph (1). 

22 ‘‘(3) SERVICER.— 

23 ‘‘(A) IN GENERAL.—The Secretary may ap24 point a financial entity to assist the Secretary 


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1 in servicing a direct loan or loan guarantee 

2 under this section. 

3 ‘‘(B) DUTIES.—A servicer appointed under 

4 subparagraph (A) shall act as the agent of the 

5 Secretary in serving a direct loan or loan guar6 antee under this section. 

7 ‘‘(C) FEES.—A servicer appointed under 

8 subparagraph (A) shall receive a servicing fee 

9 from the obligor or other loan party, subject to 

10 approval by the Secretary. 

11 ‘‘(4) USE OF OTHER FEDERAL FUNDS.—Notwith12 standing any other provision of law, an applicant 

13 may use grants under chapter 244 of title 49, United 

14 States Code, to pay any charge under this subsection. 

15 ‘‘(5) SAFETY AND OPERATIONS ACCOUNT.— 

16 Amounts collected under this subsection shall— 

17 ‘‘(A) be credited directly to the Safety and 

18 Operations account of the Federal Railroad Ad19 ministration; and 

20 ‘‘(B) remain available until expended to 

21 pay for the costs described in this subsection.’’. 

22 SEC. 606. LOAN TERMS AND REPAYMENT. 

23 (a) PREREQUISITES FOR ASSISTANCE.—Section 

24 502(g)(1) (45 U.S.C. 822(g)(1)) is amended by striking ‘‘35 

25 years from the date of its execution’’ and inserting ‘‘the lessVerDate Sep 11 2014 22:39 May 16, 2016 Jkt 059200 PO 00000 Frm 00426 Fmt 6652 Sfmt 6203 E:\BILLS\S1626.RS S1626

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1 er of 35 years after the date of substantial completion of 

2 the project or the estimated useful life of the rail equipment 

3 or facilities to be acquired, rehabilitated, improved, devel4 oped, or established’’. 

5 (b) REPAYMENT SCHEDULES.—Section 502(j) (45 

6 U.S.C. 822(j)) is amended— 

7 (1) in paragraph (1), by striking ‘‘the sixth an8 niversary date of the original loan disbursement’’ and 

9 inserting ‘‘5 years after the date of substantial com10 pletion’’; and 

11 (2) by adding at the end the following: 

12 ‘‘(3) DEFERRED PAYMENTS.— 

13 ‘‘(A) IN GENERAL.—If at any time after the 

14 date of substantial completion the project is un15 able to generate sufficient revenues to pay the 

16 scheduled loan repayments of principal and in17 terest on the direct loan, the Secretary, subject to 

18 subparagraph (B), may allow, for a maximum 

19 aggregate time of 1 year over the duration of the 

20 direct loan, the obligor to add unpaid principal 

21 and interest to the outstanding balance of the di22 rect loan. 

23 ‘‘(B) INTEREST.—A payment deferred 

24 under subparagraph (A) shall— 


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1 ‘‘(i) continue to accrue interest under 

2 paragraph (2) until the loan is fully repaid; 

3 and 

4 ‘‘(ii) be scheduled to be amortized over 

5 the remaining term of the loan. 

6 ‘‘(4) PREPAYMENTS.— 

7 ‘‘(A) USE OF EXCESS REVENUES.—Any ex8 cess revenues that remain after satisfying sched9 uled debt service requirements on the project obli10 gations and direct loan and all deposit require11 ments under the terms of any trust agreement, 

12 bond resolution, or similar agreement securing 

13 project obligations may be applied annually to 

14 prepay the direct loan without penalty. 

15 ‘‘(B) USE OF PROCEEDS OF REFI16 NANCING.—The direct loan may be prepaid at 

17 any time without penalty from the proceeds of 

18 refinancing from non-Federal funding sources.’’. 

19 (c) SALE OF DIRECT LOANS.—Section 502 (45 U.S.C. 

20 822) is amended by adding at the end the following: 

21 ‘‘(k) SALE OF DIRECT LOANS.— 

22 ‘‘(1) IN GENERAL.—Subject to paragraph (2) 

23 and as soon as practicable after substantial comple24 tion of a project, the Secretary, after notifying the ob25 ligor, may sell to another entity or reoffer into the 


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1 capital markets a direct loan for the project if the 

2 Secretary determines that the sale or reoffering has a 

3 high probability of being made on favorable terms. 

4 ‘‘(2) CONSENT OF OBLIGOR.—In making a sale 

5 or reoffering under paragraph (1), the Secretary may 

6 not change the original terms and conditions of the 

7 secured loan without the prior written consent of the 

8 obligor.’’. 

9 (d) NONSUBORDINATION.—Section 502 (45 U.S.C. 

10 822), as amended in subsection (c), is further amended by 

11 adding at the end the following: 

12 ‘‘(l) NONSUBORDINATION.— 

13 ‘‘(1) IN GENERAL.—Except as provided in para14 graph (2)(B), a direct loan shall not be subordinated 

15 to the claims of any holder of project obligations in 

16 the event of bankruptcy, insolvency, or liquidation of 

17 the obligor. 

18 ‘‘(2) PREEXISTING INDENTURES.— 

19 ‘‘(A) IN GENERAL.—The Secretary may 

20 waive the requirement under paragraph (1) for 

21 a public agency borrower that is financing ongo22 ing capital programs and has outstanding senior 

23 bonds under a preexisting indenture if— 

24 ‘‘(i) the direct loan is rated in the A 

25 category or higher; 


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1 ‘‘(ii) the direct loan is secured and 

2 payable from pledged revenues not affected 

3 by project performance, such as a tax-based 

4 revenue pledge or a system-backed pledge of 

5 project revenues; and 

6 ‘‘(iii) the program share, under this 

7 title, of eligible project costs is 50 percent or 

8 less. 

9 ‘‘(B) LIMITATION.—The Secretary may im10 pose limitations for the waiver of the non11 subordination requirement under this paragraph 

12 if the Secretary determines that such limitations 

13 would be in the financial interest of the Federal 

14 Government.’’. 

15 SEC. 607. CREDIT RISK PREMIUMS. 

16 Section 502(f) (45 U.S.C. 822(f)) is amended— 

17 (1) in paragraph (1), by amending the first sen18 tence to read as follows: ‘‘In lieu of or in combination 

19 with appropriations of budget authority to cover the 

20 costs of direct loans and loan guarantees as required 

21 under section 504(b)(1) of the Federal Credit Reform 

22 Act of 1990 (2 U.S.C. 661c(b)(1)), including the cost 

23 of a modification thereof, the Secretary may accept on 

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1 cluding a State or local government or agency or pub2 lic benefit corporation or public authority thereof, to 

3 fund in whole or in part credit risk premiums and 

4 modification costs with respect to the loan that is the 

5 subject of the application or modification.’’; 

6 (2) in paragraph (2)— 

7 (A) in subparagraph (D), by adding ‘‘and’’ 

8 after the semicolon; 

9 (B) by striking subparagraph (E); and 

10 (C) by redesignating subparagraph (F) as 

11 subparagraph (E); 

12 (3) by striking paragraph (4); 

13 (4) by redesignating paragraph (3) as para14 graph (4); 

15 (5) by inserting after paragraph (2) the fol16 lowing: 

17 ‘‘(3) CREDITWORTHINESS.—An applicant may 

18 propose and the Secretary may accept as a basis for 

19 determining the amount of the credit risk premium 

20 under paragraph (2) any of the following in addition 

21 to the value of any tangible asset: 

22 ‘‘(A) The net present value of a future 

23 stream of State or local subsidy income or other 

24 dedicated revenues/revenue pledges to secure the 

25 direct loan or loan guarantee. 


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1 ‘‘(B) Adequate coverage requirements to en2 sure repayment, on a non-recourse basis, from 

3 cash flows generated by the project or any other 

4 dedicated revenue source, including— 

5 ‘‘(i) tolls; 

6 ‘‘(ii) user fees; or 

7 ‘‘(iii) payments owing to the obligor 

8 under a public-private partnership. 

9 ‘‘(C) An investment-grade rating on the di10 rect loan or loan guarantee, as applicable, except 

11 that if the total amount of the direct loan or loan 

12 guarantee is greater than $75,000,000, the appli13 cant shall have an investment-grade rating from 

14 at least 2 rating agencies on the direct loan or 

15 loan guarantee.’’; 

16 (6) in paragraph (4), as redesignated, by strik17 ing ‘‘amounts’’ and inserting ‘‘amounts (and in the 

18 case of a modification, before the modification is exe19 cuted), to the extent appropriations are not available 

20 to the Secretary to meet the costs of direct loans and 

21 loan guarantees, including costs of modifications 

22 thereof’’; and 

23 (7) by adding at the end the following: 

24 ‘‘(5) USE OF OTHER FEDERAL FUNDS.—Notwith25 standing any other provision of law, an applicant 


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1 may use grants under chapter 244 of title 49, United 

2 States Code, to pay part or all of a credit risk pre3 mium or modification cost under this subsection.’’. 

4 SEC. 608. MASTER CREDIT AGREEMENTS. 

5 Section 502 (45 U.S.C. 822), as amended by sub6 sections (c) and (d) of section 606 of this Act, is further 

7 amended by adding at the end the following: 

8 ‘‘(m) MASTER CREDIT AGREEMENTS.— 

9 ‘‘(1) IN GENERAL.—Subject to section 502(d) 

10 and paragraph (2) of this subsection, the Secretary 

11 may enter into a master credit agreement that pro12 vides for all of the conditions for the provision of a 

13 direct loan or loan guarantee, as applicable, under 

14 this title and other applicable requirements to be sat15 isfied prior to the issuance of the direct loan or loan 

16 guarantee. 

17 ‘‘(2) CONDITIONS.—Each master credit agree18 ment shall— 

19 ‘‘(A) establish the maximum amount and 

20 general terms and conditions of each applicable 

21 direct loan or loan guarantee; 

22 ‘‘(B) identify 1 or more dedicated non-Fed23 eral revenue sources that will secure the repay24 ment of each applicable direct loan or loan guar25 antee; 


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1 ‘‘(C) provide for the obligation of funds for 

2 the direct loans or loan guarantees after all re3 quirements have been met for the projects subject 

4 to the master credit agreement; and 

5 ‘‘(D) provide 1 or more dates, as determined 

6 by the Secretary, before which the master credit 

7 agreement results in each of the direct loans or 

8 loan guarantees or in the release of the master 

9 credit agreement.’’. 

10 SEC. 609. PRIORITIES AND CONDITIONS. 

11 (a) PRIORITY PROJECTS.—Section 502(c) (45 U.S.C. 

12 822(c)) is amended— 

13 (1) in paragraph (1), by inserting ‘‘, including 

14 projects for the installation of a positive train control 

15 system (as defined in section 20157(i) of title 49, 

16 United States Code)’’ after ‘‘public safety’’; 

17 (2) by redesignating paragraphs (2) and (3) as 

18 paragraphs (3) and (2), respectively; 

19 (3) in paragraph (5), by inserting ‘‘or chapter 

20 227 of title 49’’ after ‘‘section 135 of title 23’’; 

21 (4) by redesignating paragraphs (6) through (8) 

22 as paragraphs (7) through (9), respectively; and 

23 (5) by inserting after paragraph (5) the fol24 lowing: 


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1 ‘‘(6) improve railroad stations and passenger fa2 cilities and increase transit-oriented development;’’. 

3 (b) CONDITIONS OF ASSISTANCE.—Section 502(h) (45 

4 U.S.C. 822(h)) is amended— 

5 (1) in paragraph (2), by inserting ‘‘, if applica6 ble’’ after ‘‘project’’; and 

7 (2) by adding at the end the following: 

8 ‘‘(4) For a project described in subsection 

9 (b)(1)(E), the Secretary shall require the applicant, 

10 obligor, or other loan party, in addition to the inter11 est required under subsection (e), to provide the spon12 sor of the intercity passenger rail service or its des13 ignee, a fee or payment in an amount determined ap14 propriate by the Secretary to provide an equitable 

15 share of project revenue to support the capital or op16 erating costs of the routes serving the passenger rail 

17 station or multimodal station where the development 

18 is located.’’. 

19 SEC. 610. SAVINGS PROVISION. 

20 (a) IN GENERAL.—Except as provided in subsection 

21 (b), this Act, and the amendments made by this Act, shall 

22 not affect any direct loan (or direct loan obligation) or an 

23 outstanding loan guarantee (or loan guarantee commit24 ment) that was in effect prior to the date of enactment of 

25 this Act. Any such transaction entered into before the date 


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1 of enactment of this Act shall be administered until comple2 tion under its terms as if this Act were not enacted. 

3 (b) MODIFICATION COSTS.—At the discretion of the 

4 Secretary, the authority to accept modification costs on be5 half of an applicant under section 502(f) of the Railroad 

6 Revitalization and Regulatory Reform Act of 1976 (45 

7 U.S.C. 822(f)), as amended by section 607 of this Act, may 

8 apply with respect to any direct loan (or direct loan obliga9 tion) or an outstanding loan guarantee (or loan guarantee 

10 commitment) that was in effect prior to the date of enact11 ment of this Act. 


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Calendar No. 466 

114TH CONGRESS 

2D SESSION S. 1626 

A BILL 

To reauthorize Federal support for passenger rail 

delivery, and for other purposes. programs, improve safety, streamline rail project 

MAY 16, 2016 

Reported with an amendment 


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