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[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 1626 Introduced in Senate (IS)]

114th CONGRESS
  1st 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

_______________________________________________________________________

                                 A BILL

 
  To reauthorize Federal support for passenger rail programs, improve 
   safety, streamline rail project delivery, and for other purposes.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS; REFERENCES.

    (a) Short Title.--This Act may be cited as the ``Railroad Reform, 
Enhancement, and Efficiency Act''.
    (b) Table of Contents.--The table of contents of 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.
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.
    (c) References to Title 49, United States Code.--Except as 
otherwise expressly provided, wherever in this Act an amendment or 
repeal is expressed in terms of an amendment to, or repeal of, a 
section or other provision, the reference shall be considered to be 
made to a section or other provision of title 49, United States Code.

SEC. 2. DEFINITION OF SECRETARY.

    In this Act, except as otherwise expressly provided, the term 
``Secretary'' means the Secretary of Transportation.

SEC. 3. PASSENGER TRANSPORTATION; DEFINITIONS.

    Section 24102 is amended--
            (1) by redesignating paragraphs (5) through (9) as 
        paragraphs (6) through (10), respectively;
            (2) by inserting after paragraph (4), the following:
            ``(5) `long-distance route' means a route described in 
        paragraph (6)(C).'';
            (3) by amending paragraph (6)(A), as redesignated, to read 
        as follows:
                    ``(A) the Northeast Corridor main line between 
                Boston, Massachusetts and the Virginia Avenue 
                interlocking in the District of Columbia, and the 
                facilities and services used to operate and maintain 
                that line;'';
            (4) in paragraph (7), as redesignated, by striking the 
        period at the end and inserting ``, except that the term 
        `Northeast Corridor' for the purposes of chapter 243 means the 
        main line between Boston, Massachusetts and the Virginia Avenue 
        interlocking in the District of Columbia, and the facilities 
        and services used to operate and maintain that line.''; and
            (5) by adding at the end the following:
            ``(11) `state-of-good-repair' means a condition in which 
        physical assets, both individually and as a system, are--
                    ``(A) performing at a level at least equal to that 
                called for in their as-built or as-modified design 
                specification during any period when the life cycle 
                cost of maintaining the assets is lower than the cost 
                of replacing them; and
                    ``(B) sustained through regular maintenance and 
                replacement programs.
            ``(12) `State-supported route' means a route described in 
        paragraph (6)(B) or paragraph (6)(D), or in section 
        24702(a).''.

                TITLE I--AUTHORIZATION OF APPROPRIATIONS

SEC. 101. AUTHORIZATION OF GRANTS TO AMTRAK.

    (a) In General.--There are authorized to be appropriated to the 
Secretary for the use of Amtrak for deposit into the accounts 
established under section 24319(a) of title 49, United States Code, the 
following amounts:
            (1) For fiscal year 2016, $1,450,000,000.
            (2) For fiscal year 2017, $1,550,000,000.
            (3) For fiscal year 2018, $1,700,000,000.
            (4) For fiscal year 2019, $1,900,000,000.
    (b) Project Management Oversight.--The Secretary may withhold up to 
one half of 1 percent of the amount appropriated under subsection (a) 
for the costs of management oversight of Amtrak.
    (c) Competition.--In administering grants to Amtrak under section 
24318 of title 49, United States Code, the Secretary may withhold, from 
amounts that would otherwise be made available to Amtrak, such sums as 
are necessary from the amount appropriated under subsection (a) of this 
section to cover the operating subsidy described in section 
24711(b)(1)(E)(ii) of title 49, United States Code.
    (d) State-Supported Route Committee.--The Secretary may withhold up 
to $2,000,000 from the amount appropriated in each fiscal year under 
subsection (a) of this section for the use of the State-Supported Route 
Committee established under section 24712 of title 49, United States 
Code.
    (e) Northeast Corridor Commission.--The Secretary may withhold up 
to $5,000,000 from the amount appropriated in each fiscal year under 
subsection (a) of this section for the use of the Northeast Corridor 
Commission established under section 24905 of title 49, United States 
Code.

SEC. 102. NATIONAL INFRASTRUCTURE AND SAFETY INVESTMENTS.

    (a) In General.--There are authorized to be appropriated to the 
Secretary for grants under chapter 244 of title 49, United States Code, 
the following amounts:
            (1) For fiscal year 2016, $350,000,000.
            (2) For fiscal year 2017, $430,000,000.
            (3) For fiscal year 2018, $600,000,000.
            (4) For fiscal year 2019, $900,000,000.
    (b) Project Management Oversight.--The Secretary may withhold up to 
1 percent from the amount appropriated under subsection (a) of this 
section for the costs of project management oversight of grants carried 
out under chapter 244 of title 49, United States Code.

SEC. 103. AUTHORIZATION OF APPROPRIATIONS FOR NATIONAL TRANSPORTATION 
              SAFETY BOARD RAIL INVESTIGATIONS.

    (a) In General.--Notwithstanding any other provision of law, there 
are authorized to be appropriated to the National Transportation Safety 
Board to carry out railroad accident investigations under section 
1131(a)(1)(C) of title 49, United States Code, the following amounts:
            (1) For fiscal year 2016, $6,300,000.
            (2) For fiscal year 2017, $6,400,000.
            (3) For fiscal year 2018, $6,500,000.
            (4) For fiscal year 2019, $6,600,000.
    (b) Investigation Personnel.--Amounts appropriated under subsection 
(a) of this section shall be available to the National Transportation 
Safety Board for personnel, in regional offices and in Washington, DC, 
whose duties involve railroad accident investigations.

SEC. 104. AUTHORIZATION OF APPROPRIATIONS FOR AMTRAK OFFICE OF 
              INSPECTOR GENERAL.

    There are authorized to be appropriated to the Office of Inspector 
General of Amtrak the following amounts:
            (1) For fiscal year 2016, $20,000,000.
            (2) For fiscal year 2017, $20,500,000.
            (3) For fiscal year 2018, $21,000,000.
            (4) For fiscal year 2019, $21,500,000.

SEC. 105. NATIONAL COOPERATIVE RAIL RESEARCH PROGRAM.

    (a) In General.--Section 24910 is amended--
            (1) in subsection (b)--
                    (A) in paragraph (12), by striking ``and'';
                    (B) in paragraph (13), by striking the period at 
                the end and inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(14) to improve the overall safety of intercity passenger 
        and freight rail operations.''; and
            (2) by amending subsection (e) to read as follows:
    ``(e) Allocation.--At least $5,000,000 of the amounts appropriated 
to the Secretary for a fiscal year to carry out railroad research and 
development programs shall be available to carry out this section.''.

                        TITLE II--AMTRAK REFORM

SEC. 201. AMTRAK GRANT PROCESS.

    (a) Requirements and Procedures.--Chapter 243 is amended by adding 
at the end the following:
``Sec. 24317. Costs and revenues
    ``(a) Allocation.--Not later than 180 days after the date of 
enactment of the Railroad Reform, Enhancement, and Efficiency Act, 
Amtrak shall establish and maintain internal controls to ensure 
Amtrak's costs, revenues, and other compensation are appropriately and 
proportionally allocated to its Northeast Corridor train services or 
infrastructure, its State-supported routes, its long-distance routes, 
and its other national network activities.
    ``(b) Rule of Construction.--Nothing in this section shall be 
construed to limit the ability of Amtrak to enter into an agreement 
with 1 or more States to allocate operating and capital costs under 
section 209 of the Passenger Rail Investment and Improvement Act of 
2008 (49 U.S.C. 24101 note).
``Sec. 24318. Grant process
    ``(a) Procedures for Grant Requests.--Not later than 90 days after 
the date of enactment of the Railroad Reform, Enhancement, and 
Efficiency Act, the Secretary of Transportation shall establish and 
transmit to the Committee on Commerce, Science, and Transportation and 
the Committee on Appropriations of the Senate and the Committee on 
Transportation and Infrastructure and the Committee on Appropriations 
of the House of Representatives substantive and procedural 
requirements, including schedules, for grant requests under this 
section.
    ``(b) Grant Requests.--Amtrak shall transmit grant requests for 
Federal funds appropriated to the Secretary of Transportation for the 
use of Amtrak to--
            ``(1) the Secretary; and
            ``(2) the Committee on Commerce, Science, and 
        Transportation, the Committee on Appropriations, and the 
        Committee on the Budget of the Senate and the Committee on 
        Transportation and Infrastructure, the Committee on 
        Appropriations, and the Committee on the Budget of the House of 
        Representatives.
    ``(c) Contents.--A grant request under subsection (b) shall--
            ``(1) describe projected operating and capital costs for 
        the upcoming fiscal year for Northeast Corridor train services 
        and infrastructure, Amtrak's State-supported routes, and 
        Amtrak's long-distance routes, and Amtrak's other national 
        network activities, as applicable, in comparison to prior 
        fiscal year actual financial performance;
            ``(2) describe the capital projects to be funded, with cost 
        estimates and an estimated timetable for completion of the 
        projects covered by the request;
            ``(3) assess Amtrak's financial condition;
            ``(4) be displayed on Amtrak's Web site within a reasonable 
        timeframe following its transmission under subsection (b); and
            ``(5) describe how the funding requested in a grant will be 
        allocated to the accounts established under section 24319(a), 
        considering the projected operating losses or capital costs for 
        services and activities associated with such accounts over the 
        time period intended to be covered by the grants.
    ``(d) Review and Approval.--
            ``(1) Thirty-day approval process.--
                    ``(A) In general.--Not later than 30 days after the 
                date that Amtrak submits a grant request under this 
                section, the Secretary of Transportation shall complete 
                a review of the request and provide notice to Amtrak 
                that--
                            ``(i) the request is approved; or
                            ``(ii) the request is disapproved, 
                        including the reason for the disapproval and an 
                        explanation of any incomplete or deficient 
                        items.
                    ``(B) Grant agreement.--If a grant request is 
                approved, the Secretary shall enter into a grant 
                agreement with Amtrak that allocates the grant funding 
                to 1 of the 4 accounts established under section 
                24319(a).
            ``(2) Fifteen-day modification period.--Not later than 15 
        days after the date of the notice under paragraph (1)(A)(ii), 
        Amtrak shall submit a modified request for the Secretary's 
        review.
            ``(3) Modified requests.--Not later than 15 days after the 
        date that Amtrak submits a modified request under paragraph 
        (2), the Secretary shall either approve the modified request, 
        or, if the Secretary finds that the request is still incomplete 
        or deficient, the Secretary shall identify in writing to the 
        Committee on Commerce, Science, and Transportation, the 
        Committee on Appropriations, and the Committee on the Budget of 
        the Senate and the Committee on Transportation and 
        Infrastructure, the Committee on Appropriations, and the 
        Committee on the Budget of the House of Representatives the 
        remaining deficiencies and recommend a process for resolving 
        the outstanding portions of the request.
    ``(e) Payments to Amtrak.--
            ``(1) In general.--A grant agreement entered into under 
        subsection (d) shall specify the operations, services, and 
        other activities to be funded by the grant. The grant agreement 
        shall include provisions, consistent with the requirements of 
        this chapter, to measure Amtrak's performance and ensure 
        accountability in delivering the operations, services, or 
        activities to be funded by the grant.
            ``(2) Schedule.--Except as provided in paragraph (3), in 
        each fiscal year for which amounts are appropriated to the 
        Secretary for the use of Amtrak, and for which the Secretary 
        and Amtrak have entered into a grant agreement under subsection 
        (d), the Secretary shall disburse grant funds to Amtrak on the 
        following schedule:
                    ``(A) 50 percent on October 1.
                    ``(B) 25 percent on January 1.
                    ``(C) 25 percent on April 1.
            ``(3) Exceptions.--The Secretary may make a payment to 
        Amtrak of appropriated funds--
                    ``(A) more frequently than the schedule under 
                paragraph (2) if Amtrak, for good cause, requests more 
                frequent payment before the end of a payment period; or
                    ``(B) with a different frequency or in different 
                percentage allocations in the event of a continuing 
                resolution or in the absence of an appropriations Act 
                for the duration of a fiscal year.
    ``(f) Availability of Amounts and Early Appropriations.--Amounts 
appropriated to the Secretary for the use of Amtrak shall remain 
available until expended. Amounts for capital acquisitions and 
improvements may be appropriated for a fiscal year before the fiscal 
year in which the amounts will be obligated.
    ``(g) Limitations on Use.--Amounts appropriated to the Secretary 
for the use of Amtrak may not be used to cross-subsidize operating 
losses or capital costs of commuter rail passenger or freight rail 
transportation.
``Sec. 24319. Accounts
    ``(a) Establishment of Accounts.--Beginning not later than October 
1, 2016, Amtrak, in consultation with the Secretary of Transportation, 
shall define and establish--
            ``(1) a Northeast Corridor investment account, including 
        subaccounts for Amtrak train services and infrastructure;
            ``(2) a State-supported account;
            ``(3) a long-distance account; and
            ``(4) an other national network activities account.
    ``(b) Northeast Corridor Investment Account.--
            ``(1) Deposits.--Amtrak shall deposit in the Northeast 
        Corridor investment account established under subsection 
        (a)(1)--
                    ``(A) a portion of the grant funds appropriated 
                under the authorization in section 101(a) of the 
                Railroad Reform, Enhancement, and Efficiency Act, or 
                any subsequent Act appropriating funds for the use of 
                Amtrak, as specified in a grant agreement entered into 
                under section 24318;
                    ``(B) any compensation received from commuter rail 
                passenger transportation providers for such providers' 
                share of capital costs on the Northeast Corridor 
                provided to Amtrak under section 24905(c);
                    ``(C) any operating surplus of the Northeast 
                Corridor train services or infrastructure, as allocated 
                under section 24317; and
                    ``(D) any other net revenue received in association 
                with the Northeast Corridor, including freight access 
                fees, electric propulsion, and commercial development.
            ``(2) Use of northeast corridor investment account.--Except 
        as provided in subsection (f), amounts deposited in the 
        Northeast Corridor investment account shall be made available 
        for the use of Amtrak for its share of--
                    ``(A) capital projects described in section 
                24904(a)(2)(E)(i), and developed under the planning 
                process established under that section, to bring 
                Northeast Corridor infrastructure to a state-of-good-
                repair;
                    ``(B) capital projects described in clauses (ii) 
                and (iv) of section 24904(a)(2)(E) that are developed 
                under the planning process established under that 
                section intended to increase corridor capacity, improve 
                service reliability, and reduce travel time on the 
                Northeast Corridor;
                    ``(C) capital projects to improve safety and 
                security;
                    ``(D) capital projects to improve customer service 
                and amenities;
                    ``(E) acquiring, rehabilitating, manufacturing, 
                remanufacturing, overhauling, or improving equipment 
                and associated facilities used for intercity rail 
                passenger transportation by Northeast Corridor train 
                services;
                    ``(F) retirement of principal and payment of 
                interest on loans for capital projects described in 
                this paragraph or for capital leases for equipment and 
                related to the Northeast Corridor;
                    ``(G) participation in public-private partnerships, 
                joint ventures, and other mechanisms or arrangements 
                that result in the completion of capital projects 
                described in this paragraph; and
                    ``(H) indirect, common, corporate, or other costs 
                directly incurred by or allocated to the Northeast 
                Corridor.
    ``(c) State-Supported Account.--
            ``(1) Deposits.--Amtrak shall deposit in the State-
        supported account established under subsection (a)(2)--
                    ``(A) a portion of the grant funds appropriated 
                under the authorization in section 101(a) of the 
                Railroad Reform, Enhancement, and Efficiency Act, or 
                any subsequent Act appropriating funds for the use of 
                Amtrak, as specified in a grant agreement entered into 
                under section 24318;
                    ``(B) any compensation received from States 
                provided to Amtrak under section 209 of the Passenger 
                Rail Investment and Improvement Act of 2008 (42 U.S.C. 
                24101 note); and
                    ``(C) any operating surplus from its State-
                supported routes, as allocated under section 24317.
            ``(2) Use of state-supported account.--Except as provided 
        in subsection (f), amounts deposited in the State-supported 
        account shall be made available for the use of Amtrak for 
        capital expenses and operating costs, including indirect, 
        common, corporate, or other costs directly incurred by or 
        allocated to State-supported routes, of its State-supported 
        routes and retirement of principal and payment of interest on 
        loans or capital leases attributable to its State-supported 
        routes.
    ``(d) Long-Distance Account.--
            ``(1) Deposits.--Amtrak shall deposit in the long-distance 
        account established under subsection (a)(3)--
                    ``(A) a portion of the grant funds appropriated 
                under the authorization in section 101(a) of the 
                Railroad Reform, Enhancement, and Efficiency Act, or 
                any subsequent Act appropriating funds for the use of 
                Amtrak, as specified in a grant agreement entered into 
                under section 24318;
                    ``(B) any compensation received from States 
                provided to Amtrak for costs associated with its long-
                distance routes; and
                    ``(C) any operating surplus from its long-distance 
                routes, as allocated under section 24317.
            ``(2) Use of long-distance account.--Except as provided in 
        subsection (f), amounts deposited in the long-distance account 
        shall be made available for the use of Amtrak for capital 
        expenses and operating costs, including indirect, common, 
        corporate, or other costs directly incurred by or allocated to 
        long-distance routes, of its long-distance routes and 
        retirement of principal and payment of interest on loans or 
        capital leases attributable to the long-distance routes.
    ``(e) Other National Network Activities Account.--
            ``(1) Deposits.--Amtrak shall deposit in the other national 
        network activities account established under subsection 
        (a)(4)--
                    ``(A) a portion of the grant funds appropriated 
                under the authorization in section 101(a) of the 
                Railroad Reform, Enhancement, and Efficiency Act, or 
                any subsequent Act appropriating funds for the use of 
                Amtrak, as specified in a grant agreement entered into 
                under section 24318;
                    ``(B) any compensation received from States 
                provided to Amtrak for costs associated with its other 
                national network activities; and
                    ``(C) any operating surplus from its other national 
                network activities.
            ``(2) Use of other national network activities account.--
        Except as provided in subsection (f), amounts deposited into 
        the other national network activities account shall be made 
        available for the use of Amtrak for capital and operating costs 
        not allocated to the Northeast Corridor investment account, 
        State-supported account, or long-distance account, and 
        retirement of principal and payment of interest on loans or 
        capital leases attributable to other national network 
        activities.
    ``(f) Transfer Authority.--
            ``(1) Authority.--Amtrak may transfer any funds 
        appropriated under the authorization in section 101(a) of the 
        Railroad Reform, Enhancement, and Efficiency Act, or any 
        subsequent Act appropriating funds for the use of Amtrak for 
        deposit into the accounts described in that section, or any 
        surplus generated by operations, between the Northeast 
        Corridor, State-supported, long-distance, and other national 
        network activities accounts--
                    ``(A) upon the expiration of 10 days after the date 
                that Amtrak notifies the Amtrak Board of Directors, 
                including the Secretary, of the planned transfer; and
                    ``(B) with the approval of the Secretary.
            ``(2) Report.--Not later than 5 days after the date that 
        Amtrak notifies the Amtrak Board of Directors of a planned 
        transfer under paragraph (1), Amtrak shall transmit to the 
        Committee on Commerce, Science, and Transportation and the 
        Committee on Appropriations of the Senate and the Committee on 
        Transportation and Infrastructure and the Committee on 
        Appropriations of the House of Representatives a report that 
        includes--
                    ``(A) the amount of the transfer; and
                    ``(B) a detailed explanation of the reason for the 
                transfer, including--
                            ``(i) the effects on Amtrak services funded 
                        by the account from which the transfer is 
                        drawn, in comparison to a scenario in which no 
                        transfer was made; and
                            ``(ii) the effects on Amtrak services 
                        funded by the account receiving the transfer, 
                        in comparison to a scenario in which no 
                        transfer was made.
            ``(3) Notifications.--
                    ``(A) State-supported account.--Not later than 5 
                days after the date that Amtrak notifies the Amtrak 
                Board of Directors of a planned transfer under 
                paragraph (1) of funds to or from the State-supported 
                account, Amtrak shall transmit to each State that 
                sponsors a State-supported route a letter that includes 
                the information described under subparagraphs (A) and 
                (B) of paragraph (2).
                    ``(B) Northeast corridor account.--Not later than 5 
                days after the date that Amtrak notifies the Amtrak 
                Board of Directors of a planned transfer under 
                paragraph (1) of funds to or from the Northeast 
                Corridor account, Amtrak shall transmit to the 
                Northeast Corridor Commission a letter that includes 
                the information described under subparagraphs (A) and 
                (B) of paragraph (2).
    ``(g) Enforcement.--The Secretary shall enforce the provisions of 
each grant agreement under section 24318(d), including any deposit into 
an account under this section.
    ``(h) Letters of Intent.--
            ``(1) Requirement.--The Secretary may issue a letter of 
        intent to Amtrak announcing an intention to obligate, for a 
        major capital project described in clauses (ii) and (iv) of 
        section 24904(a)(2)(E), an amount from future available budget 
        authority specified in law that is not more than the amount 
        stipulated as the financial participation of the Secretary in 
        the project.
            ``(2) Notice to congress.--At least 30 days before issuing 
        a letter under paragraph (1), the Secretary shall notify in 
        writing the Committee on Commerce, Science, and Transportation 
        and the Committee on Appropriations of the Senate and the 
        Committee on Transportation and Infrastructure and the 
        Committee on Appropriations of the House of Representatives of 
        the proposed letter. The Secretary shall include with the 
        notice a copy of the proposed letter, the criteria used for 
        selecting the project for a grant award, and a description of 
        how the project meets the criteria under this section.
            ``(3) Contingent nature of obligation or commitment.--An 
        obligation or administrative commitment may be made only when 
        amounts are appropriated. The letter of intent shall state that 
        the contingent commitment is not an obligation of the Federal 
        Government, and is subject to the availability of 
        appropriations under Federal law and to Federal laws in force 
        or enacted after the date of the contingent commitment.''.
    (b) Conforming Amendments.--The table of contents for chapter 243 
is amended by adding at the end the following:

        ``24317. Costs and revenues.
        ``24318. Grant process.
        ``24319. Accounts.''.
    (c) Repeals.--
            (1) Establishment of grant process.--Section 206 of the 
        Passenger Rail Investment and Improvement Act of 2008 (49 
        U.S.C. 24101 note) and the item relating to that section in the 
        table of contents of that Act are repealed.
            (2) Authorization of appropriations.--Section 24104 and the 
        item relating to that section in the table of contents of 
        chapter 241 are repealed.

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

    (a) Amtrak 5-Year Business Line and Asset Plans.--Chapter 243, as 
amended by section 201 of this Act, is further amended by inserting 
after section 24319 the following:
``Sec. 24320. Amtrak 5-year business line and asset plans
    ``(a) In General.--
            ``(1) Final plans.--Not later than February 15 of each 
        year, Amtrak shall submit to Congress and the Secretary final 
        5-year business line plans and 5-year asset plans prepared in 
        accordance with this section. These final plans shall form the 
        basis for Amtrak's general and legislative annual report to the 
        President and Congress required by section 24315(b).
            ``(2) Fiscal constraint.--Each plan prepared under this 
        section shall be based on funding levels authorized or 
        otherwise available to Amtrak in a fiscal year. In the absence 
        of an authorization or appropriation of funds for a fiscal 
        year, the plans shall be based on the amount of funding 
        available in the previous fiscal year, plus inflation. Amtrak 
        may include an appendix to the asset plan required in 
        subsection (c) that describes any capital funding requirements 
        in excess of amounts authorized or otherwise available to 
        Amtrak in a fiscal year for capital investment.
    ``(b) Amtrak 5-Year Business Line Plans.--
            ``(1) Amtrak business lines.--Amtrak shall prepare a 5-year 
        business line plan for each of the following business lines and 
        services:
                    ``(A) Northeast Corridor train services.
                    ``(B) State-supported routes operated by Amtrak.
                    ``(C) Long-distance routes operated by Amtrak.
                    ``(D) Ancillary services operated by Amtrak, 
                including commuter operations and other revenue 
                generating activities as determined by the Secretary in 
                consultation with Amtrak.
            ``(2) Contents of 5-year business line plans.--The 5-year 
        business line plan for each business line shall include, at a 
        minimum--
                    ``(A) a statement of Amtrak's vision, goals, and 
                service plan for the business line, coordinated with 
                any entities that are contributing capital or operating 
                funding to support passenger rail services within those 
                business lines, and aligned with Amtrak's Strategic 
                Plan and 5-year asset plans under subsection (c);
                    ``(B) all projected revenues and expenditures for 
                the business line, including identification of revenues 
                and expenditures incurred by--
                            ``(i) passenger operations;
                            ``(ii) non-passenger operations that are 
                        directly related to the business line; and
                            ``(iii) governmental funding sources, 
                        including revenues and other funding received 
                        from States;
                    ``(C) projected ridership levels for all passenger 
                operations;
                    ``(D) estimates of long-term and short-term debt 
                and associated principal and interest payments (both 
                current and forecasts);
                    ``(E) annual profit and loss statements and 
                forecasts and balance sheets;
                    ``(F) annual cash flow forecasts;
                    ``(G) a statement describing the methodologies and 
                significant assumptions underlying estimates and 
                forecasts;
                    ``(H) specific performance measures that 
                demonstrate year over year changes in the results of 
                Amtrak's operations;
                    ``(I) financial performance for each route within 
                each business line, including descriptions of the cash 
                operating loss or contribution and labor productivity 
                for each route;
                    ``(J) specific costs and savings estimates 
                resulting from reform initiatives;
                    ``(K) prior fiscal year and projected equipment 
                reliability statistics; and
                    ``(L) an identification and explanation of any 
                major adjustments made from previously-approved plans.
            ``(3) 5-year business line plans process.--In meeting the 
        requirements of this section, Amtrak shall--
                    ``(A) coordinate the development of the business 
                line plans with the Secretary;
                    ``(B) for the Northeast Corridor business line 
                plan, coordinate with the Northeast Corridor Commission 
                and transmit to the Commission the final plan under 
                subsection (a)(1), and consult with other entities, as 
                appropriate;
                    ``(C) for the State-supported route business line 
                plan, coordinate with the State-Supported Route 
                Committee established under section 24712;
                    ``(D) for the long-distance route business line 
                plan, coordinate with any States or Interstate Compacts 
                that provide funding for such routes, as appropriate;
                    ``(E) ensure that Amtrak's annual budget request to 
                Congress is consistent with the information in the 5-
                year business line plans; and
                    ``(F) identify the appropriate Amtrak officials 
                that are responsible for each business line.
            ``(4) Standards to promote financial stability.--In meeting 
        the requirements under this subsection, Amtrak shall use the 
        categories specified in the financial accounting and reporting 
        system developed under section 203 of the Passenger Rail 
        Investment and Improvement Act of 2008 (49 U.S.C. 24101 note) 
        when preparing its 5-year business line plans.
    ``(c) Amtrak 5-Year Asset Plans.--
            ``(1) Asset categories.--Amtrak shall prepare a 5-year 
        asset plan for each of the following asset categories:
                    ``(A) Infrastructure, including all Amtrak-
                controlled Northeast Corridor assets and other Amtrak-
                owned infrastructure, and the associated facilities 
                that support the operation, maintenance, and 
                improvement of those assets.
                    ``(B) Passenger rail equipment, including all 
                Amtrak-controlled rolling stock, locomotives, and 
                mechanical shop facilities that are used to overhaul 
                equipment.
                    ``(C) Stations, including all Amtrak-controlled 
                passenger rail stations and elements of other stations 
                for which Amtrak has legal responsibility or intends to 
                make capital investments.
                    ``(D) National assets, including national 
                reservations, security, training and training centers, 
                and other assets associated with Amtrak's national 
                passenger rail transportation system.
            ``(2) Contents of 5-year asset plans.--Each asset plan 
        shall include, at a minimum--
                    ``(A) a summary of Amtrak's 5-year strategic plan 
                for each asset category, including goals, objectives, 
                any relevant performance metrics, and statutory or 
                regulatory actions affecting the assets;
                    ``(B) an inventory of existing Amtrak capital 
                assets, to the extent practicable, including 
                information regarding shared use or ownership, if 
                applicable;
                    ``(C) a prioritized list of proposed capital 
                investments that--
                            ``(i) categorizes each capital project as 
                        being primarily associated with--
                                    ``(I) normalized capital 
                                replacement;
                                    ``(II) backlog capital replacement;
                                    ``(III) improvements to support 
                                service enhancements or growth;
                                    ``(IV) strategic initiatives that 
                                will improve overall operational 
                                performance, lower costs, or otherwise 
                                improve Amtrak's corporate efficiency; 
                                or
                                    ``(V) statutory, regulatory, or 
                                other legal mandates;
                            ``(ii) identifies each project or program 
                        that is associated with more than 1 category 
                        described in clause (i); and
                            ``(iii) describes the anticipated business 
                        outcome of each project or program identified 
                        under this subparagraph, including an 
                        assessment of--
                                    ``(I) the potential effect on 
                                passenger operations, safety, 
                                reliability, and resilience;
                                    ``(II) the potential effect on 
                                Amtrak's ability to meet regulatory 
                                requirements if the project or program 
                                is not funded; and
                                    ``(III) the benefits and costs; and
                    ``(D) annual profit and loss statements and 
                forecasts and balance sheets for each asset category.
            ``(3) 5-year asset plan process.--In meeting the 
        requirements of this subsection, Amtrak shall--
                    ``(A) coordinate with each business line described 
                in subsection (b)(1) in the preparation of each 5-year 
                asset plan and ensure integration of each 5-year asset 
                plan with the 5-year business line plans;
                    ``(B) as applicable, coordinate with the Northeast 
                Corridor Commission, the State-Supported Route 
                Committee, and owners of assets affected by 5-year 
                asset plans; and
                    ``(C) identify the appropriate Amtrak officials 
                that are responsible for each asset category.
            ``(4) Evaluation of national assets costs.--The Secretary 
        shall--
                    ``(A) evaluate the costs and scope of all national 
                assets; and
                    ``(B) determine the activities and costs that are--
                            ``(i) required in order to ensure the 
                        efficient operations of a national passenger 
                        rail system;
                            ``(ii) appropriate for allocation to 1 of 
                        the other Amtrak business lines; and
                            ``(iii) extraneous to providing an 
                        efficient national passenger rail system or are 
                        too costly relative to the benefits or 
                        performance outcomes they provide.
            ``(5) Definition of national assets.--In this section, the 
        term `national assets' means the Nation's core rail assets 
        shared among Amtrak services, including national reservations, 
        security, training and training centers, and other assets 
        associated with Amtrak's national passenger rail transportation 
        system.
            ``(6) Restructuring of national assets.--Not later than 1 
        year after the date of completion of the evaluation under 
        section 24320(c)(4), the Administrator of the Federal Railroad 
        Administration, in consultation with the Amtrak Board of 
        Directors, the governors of each relevant State, and the Mayor 
        of the District of Columbia, or their designees, shall 
        restructure or reallocate, or both, the national assets costs 
        in accordance with the determination under that section, 
        including making appropriate updates to Amtrak's cost 
        accounting methodology and system.''.
    (b) Effective Date.--The requirements for Amtrak to submit final 5-
year business line plans and 5-year asset plans under section 24320 of 
title 49, United States Code, shall take effect 1 year after the date 
of enactment of this Act.
    (c) Conforming Amendments.--The table of contents for chapter 243, 
as amended by section 201 of this Act, is further amended by adding at 
the end the following:

``24320. Amtrak 5-year business line and asset plans.''.
    (d) Repeal of 5-Year Financial Plan.--Section 204 of the Passenger 
Rail Investment and Improvement Act of 2008 (49 U.S.C. 24101 note), and 
the item relating to that section in the table of contents of that Act, 
are repealed.
    (e) Identification of Duplicative Reporting Requirements.--Not 
later than 1 year after the date of enactment of this Act, the 
Secretary shall--
            (1) review existing Amtrak reporting requirements and 
        identify where the existing requirements are duplicative with 
        the business line and capital plans required by section 24320 
        of title 49, United States Code;
            (2) if the duplicative reporting requirements are 
        administrative, the Secretary shall eliminate the duplicative 
        requirements; and
            (3) submit to Congress a report with any recommendations 
        for repealing any other duplicative Amtrak reporting 
        requirements.

SEC. 203. STATE-SUPPORTED ROUTE COMMITTEE.

    (a) Amendment.--Chapter 247 is amended by adding at the end the 
following:
``Sec. 24712. State-supported routes operated by Amtrak
    ``(a) State-Supported Route Committee.--
            ``(1) Establishment.--Not later than 180 days after the 
        date of enactment of the Railroad Reform, Enhancement, and 
        Efficiency Act, the Secretary of Transportation shall establish 
        the State-Supported Route Committee (referred to in this 
        section as the `Committee') to promote mutual cooperation and 
        planning pertaining to the rail operations of Amtrak and 
        related activities of trains operated by Amtrak on State-
        supported routes and to further implement section 209 of the 
        Passenger Rail Investment and Improvement Act of 2008 (49 
        U.S.C. 24101 note).
            ``(2) Membership.--
                    ``(A) In general.--The Committee shall consist of--
                            ``(i) members representing Amtrak;
                            ``(ii) members representing the Department 
                        of Transportation, including the Federal 
                        Railroad Administration; and
                            ``(iii) members representing States, 
                        including other public entities that sponsor 
                        the operation of trains by Amtrak on a State-
                        supported route, designated by, and serving at 
                        the pleasure of, the chief executive officer 
                        thereof.
                    ``(B) Non-voting members.--The Committee may invite 
                and accept other non-voting members to participate in 
                Committee activities, as appropriate.
            ``(3) Decisionmaking.--The Committee shall establish a bloc 
        voting system under which, at a minimum--
                    ``(A) there are 3 separate voting blocs to 
                represent the Committee's voting members, including--
                            ``(i) 1 voting bloc to represent the 
                        members described in paragraph (2)(A)(i);
                            ``(ii) 1 voting bloc to represent the 
                        members described in paragraph (2)(A)(ii); and
                            ``(iii) 1 voting bloc to represent the 
                        members described in paragraph (2)(A)(iii);
                    ``(B) each voting bloc has 1 vote;
                    ``(C) the vote of the voting bloc representing the 
                members described in paragraph (2)(A)(iii) requires the 
                support of at least two-thirds of that voting bloc's 
                members; and
                    ``(D) the Committee makes decisions by unanimous 
                consent of the 3 voting blocs.
            ``(4) Meetings; rules and procedures.--The Committee shall 
        convene a meeting and shall define and implement the rules and 
        procedures governing the Committee's proceedings not later than 
        180 days after the date of establishment of the Committee by 
        the Secretary. The rules and procedures shall--
                    ``(A) incorporate and further describe the 
                decisionmaking procedures to be used in accordance with 
                paragraph (3); and
                    ``(B) be adopted in accordance with such 
                decisionmaking procedures.
            ``(5) Committee decisions.--Decisions made by the Committee 
        in accordance with the Committee's rules and procedures, once 
        established, are binding on all Committee members.
            ``(6) Cost allocation methodology.--
                    ``(A) In general.--Subject to subparagraph (B), the 
                Committee may amend the cost allocation methodology 
                required and previously approved under section 209 of 
                the Passenger Rail Investment and Improvement Act of 
                2008 (49 U.S.C. 24101 note).
                    ``(B) Procedures for changing methodology.--The 
                rules and procedures implemented under paragraph (4) 
                shall include procedures for changing the cost 
                allocation methodology.
                    ``(C) Requirements.--The cost allocation 
                methodology shall--
                            ``(i) ensure equal treatment in the 
                        provision of like services of all States and 
                        groups of States; and
                            ``(ii) allocate to each route the costs 
                        incurred only for the benefit of that route and 
                        a proportionate share, based upon factors that 
                        reasonably reflect relative use, of costs 
                        incurred for the common benefit of more than 1 
                        route.
    ``(b) Invoices and Reports.--Not later than February 15, 2016, and 
monthly thereafter, Amtrak shall provide to each State that sponsors a 
State-supported route a monthly invoice of the cost of operating such 
route, including fixed costs and third-party costs. The Committee shall 
determine the frequency and contents of the financial and performance 
reports that Amtrak shall provide to the States, as well as the 
planning and demand reports that the States shall provide to Amtrak.
    ``(c) Dispute Resolution.--
            ``(1) Request for dispute resolution.--If a dispute arises 
        with respect to the rules and procedures implemented under 
        subsection (a)(4), an invoice or a report provided under 
        subsection (b), implementation or compliance with the cost 
        allocation methodology developed under section 209 of the 
        Passenger Rail Investment and Improvement Act of 2008 (49 
        U.S.C. 24101 note) or amended under subsection (a)(6) of this 
        section, either Amtrak or the State may request that the 
        Surface Transportation Board conduct dispute resolution under 
        this subsection.
            ``(2) Procedures.--The Surface Transportation Board shall 
        establish procedures for resolution of disputes brought before 
        it under this subsection, which may include provision of 
        professional mediation services.
            ``(3) Binding effect.--A decision of the Surface 
        Transportation Board under this subsection shall be binding on 
        the parties to the dispute.
            ``(4) Obligation.--Nothing in this subsection shall affect 
        the obligation of a State to pay an amount not in dispute.
    ``(d) Assistance.--
            ``(1) In general.--The Secretary may provide assistance to 
        the parties in the course of negotiations for a contract for 
        operation of a State-supported route.
            ``(2) Financial assistance.--From among available funds, 
        the Secretary shall--
                    ``(A) provide financial assistance to Amtrak or 1 
                or more States to perform requested independent 
                technical analysis of issues before the Committee; and
                    ``(B) reimburse Members for travel expenses, 
                including per diem in lieu of subsistence, in 
                accordance with section 5703 of title 5.
    ``(e) Performance Metrics.--In negotiating a contract for operation 
of a State-supported route, Amtrak and the State or States that sponsor 
the route shall consider including provisions that provide penalties 
and incentives for performance.
    ``(f) Statement of Goals and Objectives.--
            ``(1) In general.--The Committee shall develop a statement 
        of goals, objectives, and associated recommendations concerning 
        the future of State-supported routes operated by Amtrak. The 
        statement shall identify the roles and responsibilities of 
        Committee members and any other relevant entities, such as host 
        railroads, in meeting the identified goals and objectives, or 
        carrying out the recommendations. The Committee may consult 
        with such relevant entities, as the Committee considers 
        appropriate, when developing the statement.
            ``(2) Transmission of statement of goals and objectives.--
        Not later than 2 years after the date of enactment of the 
        Railroad Reform, Enhancement, and Efficiency Act the Committee 
        shall transmit the statement developed under paragraph (1) to 
        the Committee on Commerce, Science, and Transportation of the 
        Senate and the Committee on Transportation and Infrastructure 
        of the House of Representatives.
    ``(g) Rule of Construction.--The decisions of the Committee--
            ``(1) shall pertain to the rail operations of Amtrak and 
        related activities of trains operated by Amtrak on State-
        sponsored routes; and
            ``(2) shall not pertain to the rail operations or related 
        activities of services operated by other rail passenger 
        carriers on State-supported routes.
    ``(h) Federal Advisory Committee Act.--The Federal Advisory 
Committee Act (5 U.S.C. App.) shall not apply to the Committee.
    ``(i) Definition of State.--In this section, the term `State' means 
each of the 50 States, the District of Columbia, and a public entity 
that sponsors the operation of trains by Amtrak on a State-supported 
route.''.
    (b) Technical and Conforming Amendments.--The table of contents for 
chapter 247 is amended by adding at the end the following:

``24712. State-supported routes operated by Amtrak.''.

SEC. 204. ROUTE AND SERVICE PLANNING DECISIONS.

    Section 208 of the Passenger Rail Investment and Improvement Act of 
2008 (49 U.S.C. 24101 note) is amended to read as follows:

``SEC. 208. METHODOLOGIES FOR AMTRAK ROUTE AND SERVICE PLANNING 
              DECISIONS.

    ``(a) Methodology Development.--Not later than 180 days after the 
date of enactment of the Railroad Reform, Enhancement, and Efficiency 
Act, as a condition of receiving a grant under section 101 of that Act, 
Amtrak shall obtain the services of an independent entity to develop 
and recommend objective methodologies for Amtrak to use in determining 
what intercity rail passenger transportation routes and services it 
should provide, including the establishment of new routes, the 
elimination of existing routes, and the contraction or expansion of 
services or frequencies over such routes.
    ``(b) Considerations.--Amtrak shall require the independent entity, 
in developing the methodologies described in subsection (a), to 
consider--
            ``(1) the current and expected performance and service 
        quality of intercity rail passenger transportation operations, 
        including cost recovery, on-time performance, ridership, on-
        board services, stations, facilities, equipment, and other 
        services;
            ``(2) the connectivity of a route with other routes;
            ``(3) the transportation needs of communities and 
        populations that are not well served by intercity rail 
        passenger transportation service or by other forms of intercity 
        transportation;
            ``(4) the methodologies of Amtrak and major intercity rail 
        passenger transportation service providers in other countries 
        for determining intercity passenger rail routes and services;
            ``(5) the financial and operational effects on the overall 
        network, including the effects on indirect costs;
            ``(6) the views of States and the recommendations described 
        in State rail plans, rail carriers that own infrastructure over 
        which Amtrak operates, Interstate Compacts established by 
        Congress and States, Amtrak employee representatives, 
        stakeholder organizations, and other interested parties; and
            ``(7) the funding levels that will be available under 
        authorization levels that have been enacted into law.
    ``(c) Recommendations.--Not later than 1 year after the date of 
enactment of the Railroad Reform, Enhancement, and Efficiency Act, 
Amtrak shall transmit to the Committee on Commerce, Science, and 
Transportation of the Senate and the Committee on Transportation and 
Infrastructure of the House of Representatives recommendations 
developed by the independent entity under subsection (a).
    ``(d) Consideration of Recommendations.--Not later than 90 days 
after the date the recommendations are transmitted under subsection 
(c), Amtrak shall consider the adoption of each recommendation and 
transmit to the Committee on Commerce, Science, and Transportation of 
the Senate and the Committee on Transportation and Infrastructure of 
the House of Representatives a report explaining the reasons for 
adopting or not adopting each recommendation.''.

SEC. 205. COMPETITION.

    (a) Alternate Passenger Rail Service Pilot Program.--Section 24711 
is amended to read as follows:
``Sec. 24711. Alternate passenger rail service pilot program
    ``(a) In General.--Not later than 18 months after the date of 
enactment of the Railroad Reform, Enhancement, and Efficiency Act, the 
Secretary of Transportation shall promulgate a rule to implement a 
pilot program for competitive selection of rail carriers for long-
distance routes (as defined in section 24102).
    ``(b) Pilot Program Requirements.--
            ``(1) In general.--The pilot program shall--
                    ``(A) allow a party described in paragraph (2) to 
                petition the Secretary to provide intercity rail 
                passenger transportation over a long-distance route in 
                lieu of Amtrak for an operations period of 4 years from 
                the date of commencement of service by the winning 
                bidder and, at the option of the Secretary, consistent 
                with the rule promulgated under subsection (a), allow 
                the contract to be renewed for an additional operations 
                period of 4 years, but not to exceed a total of 3 
                operations periods;
                    ``(B) require the Secretary to--
                            ``(i) notify the petitioner and Amtrak of 
                        receipt of the petition under subparagraph (A) 
                        and to publish in the Federal Register a notice 
                        of receipt not later than 30 days after the 
                        date of receipt; and
                            ``(ii) establish a deadline, of not more 
                        than 120 days after the notice of receipt is 
                        published in the Federal Register under clause 
                        (i), by which both the petitioner and Amtrak, 
                        if Amtrak chooses to do so, would be required 
                        to submit a complete bid to provide intercity 
                        rail passenger transportation over the 
                        applicable route;
                    ``(C) require that each bid--
                            ``(i) describe the capital needs, financial 
                        projections, and operational plans, including 
                        staffing plans, for the service, and such other 
                        factors as the Secretary considers appropriate; 
                        and
                            ``(ii) be made available by the winning 
                        bidder to the public after the bid award;
                    ``(D) for a route that receives funding from a 
                State or States, require that for each bid received 
                from a party described in paragraph (2), other than a 
                State, the Secretary have the concurrence of the State 
                or States that provide funding for that route;
                    ``(E) for a winning bidder that is not or does not 
                include Amtrak, require the Secretary to execute a 
                contract not later than 270 days after the deadline 
                established under subparagraph (B)(ii) and award to the 
                winning bidder--
                            ``(i) subject to paragraphs (3) and (4), 
                        the right and obligation to provide intercity 
                        rail passenger transportation over that route 
                        subject to such performance standards as the 
                        Secretary may require; and
                            ``(ii) an operating subsidy, as determined 
                        by the Secretary, for--
                                    ``(I) the first year at a level 
                                that does not exceed 90 percent of the 
                                level in effect for that specific route 
                                during the fiscal year preceding the 
                                fiscal year in which the petition was 
                                received, adjusted for inflation; and
                                    ``(II) any subsequent years at the 
                                level calculated under subclause (I), 
                                adjusted for inflation; and
                    ``(F) for a winning bidder that is or includes 
                Amtrak, award to that bidder an operating subsidy, as 
                determined by the Secretary, over the applicable route 
                that will not change during the fiscal year in which 
                the bid was submitted solely as a result of the winning 
                bid.
            ``(2) Eligible petitioners.--The following parties are 
        eligible to submit petitions under paragraph (1):
                    ``(A) A rail carrier or rail carriers that own the 
                infrastructure over which Amtrak operates a long-
                distance route.
                    ``(B) A rail passenger carrier with a written 
                agreement with the rail carrier or rail carriers that 
                own the infrastructure over which Amtrak operates a 
                long-distance route and that host or would host the 
                intercity rail passenger transportation.
                    ``(C) A State, group of States, or State-supported 
                joint powers authority or other sub-State governance 
                entity responsible for provision of intercity rail 
                passenger transportation with a written agreement with 
                the rail carrier or rail carriers that own the 
                infrastructure over which Amtrak operates a long-
                distance route and that host or would host the 
                intercity rail passenger transportation.
                    ``(D) A State, group of States, or State-supported 
                joint powers authority or other sub-State governance 
                entity responsible for provision of intercity rail 
                passenger transportation and a rail passenger carrier 
                with a written agreement with the rail carrier or rail 
                carriers that own the infrastructure over which Amtrak 
                operates a long-distance route and that host or would 
                host the intercity rail passenger transportation.
            ``(3) Performance standards.--If the winning bidder under 
        paragraph (1)(E)(i) is not or does not include Amtrak, the 
        performance standards shall be consistent with the performance 
        required of or achieved by Amtrak on the applicable route 
        during the last fiscal year.
            ``(4) Agreement governing access issues.--Unless the 
        winning bidder already has applicable access agreements in 
        place or includes a rail carrier that owns the infrastructure 
        used in the operation of the route, the winning bidder under 
        paragraph (1)(E)(i) shall enter into a written agreement 
        governing access issues between the winning bidder and the rail 
        carrier or rail carriers that own the infrastructure over which 
        the winning bidder would operate and that host or would host 
        the intercity rail passenger transportation.
    ``(c) Access to Facilities; Employees.--If the Secretary awards the 
right and obligation to provide rail passenger transportation over a 
route under this section to an entity in lieu of Amtrak--
            ``(1) the Secretary shall require Amtrak to provide access 
        to the Amtrak-owned reservation system, stations, and 
        facilities directly related to operations of the awarded routes 
        to the rail passenger carrier awarded a contract under this 
        section, in accordance with subsection (g), as necessary to 
        carry out the purposes of this section;
            ``(2) an employee of any person, except for a freight 
        railroad or a person employed or contracted by a freight 
        railroad, used by such rail passenger carrier in the operation 
        of a route under this section shall be considered an employee 
        of that rail passenger carrier and subject to the applicable 
        Federal laws and regulations governing similar crafts or 
        classes of employees of Amtrak; and
            ``(3) the winning bidder shall provide hiring preference to 
        qualified Amtrak employees displaced by the award of the bid, 
        consistent with the staffing plan submitted by the bidder, and 
        shall be subject to the grant conditions under section 24405.
    ``(d) Cessation of Service.--If a rail passenger carrier awarded a 
route under this section ceases to operate the service or fails to 
fulfill an obligation under the contract required under subsection 
(b)(1)(E), the Secretary shall take any necessary action consistent 
with this title to enforce the contract and ensure the continued 
provision of service, including--
            ``(1) the installment of an interim rail passenger carrier;
            ``(2) providing to the interim rail passenger carrier under 
        paragraph (1) an operating subsidy necessary to provide 
        service; and
            ``(3) rebidding the contract to operate the rail passenger 
        transportation.
    ``(e) Budget Authority.--
            ``(1) In general.--The Secretary shall provide to a winning 
        bidder that is not or does not include Amtrak and that is 
        selected under this section any appropriations withheld under 
        section 101(c) of the Railroad Reform, Enhancement, and 
        Efficiency Act, or any subsequent appropriation for the same 
        purpose, necessary to cover the operating subsidy described in 
        subsection (b)(1)(E)(ii).
            ``(2) Amtrak.--If the Secretary selects a winning bidder 
        that is not or does not include Amtrak, the Secretary may 
        provide to Amtrak an appropriate portion of the appropriations 
        under section 101(a) of the Railroad Reform, Enhancement, and 
        Efficiency Act, or any subsequent appropriation for the same 
        purpose, to cover any cost directly attributable to the 
        termination of Amtrak service on the route and any indirect 
        costs to Amtrak imposed on other Amtrak routes as a result of 
        losing service on the route operated by the winning bidder. Any 
        amount provided by the Secretary to Amtrak under this paragraph 
        shall not be deducted from or have any effect on the operating 
        subsidy described in subsection (b)(1)(E)(ii).
    ``(f) Deadline.--If the Secretary does not promulgate the final 
rule and implement the program before the deadline under subsection 
(a), the Secretary shall submit to the Committee on Commerce, Science, 
and Transportation of the Senate and the Committee on Transportation 
and Infrastructure of the House of Representatives a letter, signed by 
the Secretary and Administrator of the Federal Railroad Administration, 
each month until the rule is complete, including--
            ``(1) the reasons why the rule has not been issued;
            ``(2) an updated staffing plan for completing the rule as 
        soon as feasible;
            ``(3) the contact information of the official that will be 
        overseeing the execution of the staffing plan; and
            ``(4) the estimated date of completion of the rule.
    ``(g) Disputes.--If Amtrak and the rail passenger carrier awarded a 
route under this section cannot agree upon terms to carry out 
subsection (c)(1), and the Surface Transportation Board finds that 
access to Amtrak's facilities or equipment, or the provision of 
services by Amtrak, is necessary under subsection (c)(1) and that the 
operation of Amtrak's other services will not be impaired thereby, the 
Surface Transportation Board shall issue an order that the facilities 
and equipment be made available, and that services be provided, by 
Amtrak, and shall determine reasonable compensation, liability, and 
other terms for use of the facilities and equipment and provision of 
the services.
    ``(h) Limitation.--Not more than 3 long-distance routes may be 
selected under this section for operation by a winning bidder that is 
not or does not include Amtrak.
    ``(i) Preservation of Right to Competition on State-Supported 
Routes.--Nothing in this section shall be construed as prohibiting a 
State from introducing competition for intercity rail passenger 
transportation or services on its State-supported route or routes.''.
    (b) Report.--Not later than 4 years after the date of 
implementation of the pilot program under section 24711 of title 49, 
United States Code, and quadrennially thereafter until the pilot 
program is discontinued, the Secretary shall submit to the Committee on 
Commerce, Science, and Transportation of the Senate and the Committee 
on Transportation and Infrastructure of the House of Representatives a 
report on the results on the pilot program to date and any 
recommendations for further action.

SEC. 206. ROLLING STOCK PURCHASES.

    (a) In General.--Prior to entering into any contract in excess of 
$100,000,000 for rolling stock and locomotive procurements Amtrak shall 
submit a business case analysis to the Secretary, the Committee on 
Commerce, Science, and Transportation and the Committee on 
Appropriations of the Senate and the Committee on Transportation and 
Infrastructure and the Committee on Appropriations of the House of 
Representatives, on the utility of such procurements.
    (b) Contents.--The business case analysis shall--
            (1) include a cost and benefit comparison that describes 
        the total lifecycle costs and the anticipated benefits related 
        to revenue, operational efficiency, reliability, and other 
        factors;
            (2) set forth the total payments by fiscal year;
            (3) identify the specific source and amounts of funding for 
        each payment, including Federal funds, State funds, Amtrak 
        profits, Federal, State, or private loans or loan guarantees, 
        and other funding;
            (4) include an explanation of whether any payment under the 
        contract will increase Amtrak's grant request, as required 
        under section 24318 of title 49, United States Code, in that 
        particular fiscal year; and
            (5) describe how Amtrak will adjust the procurement if 
        future funding is not available.
    (c) Rule of Construction.--Nothing in this section shall be 
construed as requiring Amtrak to disclose confidential information 
regarding a potential vendor's proposed pricing or other sensitive 
business information prior to contract execution.

SEC. 207. FOOD AND BEVERAGE POLICY.

    (a) In General.--Chapter 243, as amended in section 202 of this 
Act, is further amended by adding after section 24320 the following:
``Sec. 24321. Food and beverage reform
    ``(a) Plan.--Not later than 90 days after the date of enactment of 
the Railroad Reform, Enhancement, and Efficiency Act, Amtrak shall 
develop and begin implementing a plan to eliminate, not later than 4 
years after the date of enactment of that Act, the operating loss 
associated with providing food and beverage service on board Amtrak 
trains.
    ``(b) Considerations.--In developing and implementing the plan 
under subsection (a), Amtrak shall consider a combination of cost 
management and revenue generation initiatives, including--
            ``(1) scheduling optimization;
            ``(2) onboard logistics;
            ``(3) product development and supply chain efficiency;
            ``(4) training, awards, and accountability;
            ``(5) technology enhancements and process improvements; and
            ``(6) ticket revenue allocation.
    ``(c) Savings Clause.--Amtrak shall ensure that no Amtrak employee 
holding a position as of the date of enactment of the Railroad Reform, 
Enhancement, and Efficiency Act is involuntarily separated because of--
            ``(1) the development and implementation of the plan 
        required under subsection (a); or
            ``(2) any other action taken by Amtrak to implement this 
        section.
    ``(d) No Federal Funding for Operating Losses.--Beginning on the 
date that is 4 years after the date of enactment of the Railroad 
Reform, Enhancement, and Efficiency Act, no Federal funds may be used 
to cover any operating loss associated with providing food and beverage 
service on a route operated by Amtrak or an alternative passenger rail 
service provider that operates a route in lieu of Amtrak under section 
24711.
    ``(e) Report.--Not later than 120 days after the date of enactment 
of the Railroad Reform, Enhancement, and Efficiency Act, and annually 
thereafter for a period of 4 years, Amtrak shall transmit to the 
Committee on Commerce, Science, and Transportation of the Senate and 
the Committee on Transportation and Infrastructure of the House of 
Representatives a report on the plan developed under subsection (a) and 
a description of progress in the implementation of the plan.''.
    (b) Conforming Amendment.--The table of contents for chapter 243, 
as amended in section 202 of this Act, is amended by adding at the end 
the following:

``24321. Food and beverage reform.''.

SEC. 208. LOCAL PRODUCTS AND PROMOTIONAL EVENTS.

    (a) In General.--Not later than 6 months after the date of 
enactment of this Act, Amtrak shall establish a pilot program for a 
State or States that sponsor a State-supported route operated by Amtrak 
to facilitate--
            (1) onboard purchase and sale of local food and beverage 
        products; and
            (2) partnerships with local entities to hold promotional 
        events on trains or in stations.
    (b) Program Design.--The pilot program under paragraph (1) shall 
allow a State or States--
            (1) to nominate and select a local food and beverage 
        products supplier or suppliers or local promotional event 
        partner;
            (2) to charge a reasonable price or fee for local food and 
        beverage products or promotional events and related activities 
        to help defray the costs of program administration and State-
        supported routes; and
            (3) a mechanism to ensure that State products can 
        effectively be handled and integrated into existing food and 
        beverage services, including compliance with all applicable 
        regulations and standards governing such services.
    (c) Program Administration.--The pilot program shall--
            (1) for local food and beverage products, ensure the 
        products are integrated into existing food and beverage 
        services, including compliance with all applicable regulations 
        and standards;
            (2) for promotional events, ensure the events are held in 
        compliance with all applicable regulations and standards, 
        including terms to address insurance requirements; and
            (3) require an annual report that documents revenues and 
        costs and indicates whether the products or events resulted in 
        a reduction in the financial contribution of a State or States 
        to the applicable State-supported route.
    (d) Report.--Not later than 4 years after the date of establishment 
of the pilot programs under this section, Amtrak shall report to the 
Committee on Commerce, Science, and Transportation of the Senate and 
the Committee on Transportation and Infrastructure of the House of 
Representatives on which States have participated in the pilot programs 
under this section. The report shall summarize the financial and 
operational outcomes of the pilot programs.
    (e) Rule of Construction.--Nothing in this subsection shall be 
construed as limiting Amtrak's ability to operate special trains in 
accordance with section 216 of the Passenger Rail Investment and 
Improvement Act of 2008 (49 U.S.C. 24308 note).

SEC. 209. RIGHT-OF-WAY LEVERAGING.

    (a) Request for Proposals.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, Amtrak shall issue a Request for 
        Proposals seeking qualified persons or entities to utilize 
        right-of-way and real estate owned, controlled, or managed by 
        Amtrak for telecommunications systems, energy distribution 
        systems, and other activities considered appropriate by Amtrak.
            (2) Contents.--The Request for Proposals shall provide 
        sufficient information on the right-of-way and real estate 
        assets to enable respondents to propose an arrangement that 
        will monetize or generate additional revenue from such assets 
        through revenue sharing or leasing agreements with Amtrak, to 
        the extent possible.
    (b) Consideration of Proposals.--Not later than 180 days following 
the deadline for the receipt of proposals under subsection (a), Amtrak 
shall review and consider each qualified proposal. Amtrak may enter 
into such agreements as are necessary to implement any qualified 
proposal.
    (c) Report.--Not later than 270 days following the deadline for the 
receipt of proposals under subsection (a), Amtrak shall transmit to the 
Committee on Commerce, Science, and Transportation of the Senate and 
the Committee on Transportation and Infrastructure of the House of 
Representatives a report on the Request for Proposals required by this 
section, including summary information of any proposals submitted to 
Amtrak and any proposals accepted by Amtrak.
    (d) Savings Clause.--Nothing in this section shall be construed to 
limit Amtrak's ability to utilize right-of-way or real estate assets 
that it currently owns, controls, or manages or constrain Amtrak's 
ability to enter into agreements with other parties to utilize such 
assets.

SEC. 210. STATION DEVELOPMENT.

    (a) Report on Development Options.--Not later than 1 year after the 
date of enactment of this Act, Amtrak shall transmit to the Committee 
on Commerce, Science, and Transportation of the Senate and the 
Committee on Transportation and Infrastructure of the House of 
Representatives a report on options to enhance economic development and 
accessibility of and around Amtrak stations and terminals, for the 
purposes of--
            (1) improving station condition, functionality, capacity, 
        and customer amenities;
            (2) generating additional investment capital and 
        development-related revenue streams;
            (3) increasing ridership and revenue;
            (4) complying with the applicable sections of the Americans 
        with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) and the 
        Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.); and
            (5) strengthening multimodal connections, including 
        transit, intercity buses, roll-on and roll-off bicycles, and 
        airports, as appropriate.
    (b) Request for Information.--Not later than 90 days after the date 
the report is transmitted under subsection (a), Amtrak shall issue a 
Request of Information for 1 or more owners of stations served by 
Amtrak to formally express an interest in completing the requirements 
of this section.
    (c) Proposals.--
            (1) Request for proposals.--Not later than 180 days after 
        the date the Request for Information is issued under subsection 
        (a), Amtrak shall issue a Request for Proposals from qualified 
        persons, including small business concerns owned and controlled 
        by socially and economically disadvantaged individuals and 
        veteran-owned small businesses, to lead, participate, or 
        partner with Amtrak, a station owner that responded under 
        subsection (b), and other entities in enhancing development in 
        and around such stations and terminals using applicable options 
        identified under subsection (a) at facilities selected by 
        Amtrak.
            (2) Consideration of proposals.--Not later than 1 year 
        after the date the Request for Proposals are issued under 
        paragraph (1), Amtrak shall review and consider qualified 
        proposals submitted under paragraph (1). Amtrak or a station 
        owner that responded under subsection (b) may enter into such 
        agreements as are necessary to implement any qualified 
        proposal.
    (d) Report.--Not later than 3 years after the date of enactment of 
this Act, Amtrak shall transmit to the Committee on Commerce, Science, 
and Transportation of the Senate and the Committee on Transportation 
and Infrastructure of the House of Representatives a report on the 
Request for Proposals process required under this section, including 
summary information of any qualified proposals submitted to Amtrak and 
any proposals acted upon by Amtrak or a station owner that responded 
under subsection (b).
    (e) Definitions.--In this section, the terms ``small business 
concern'', ``socially and economically disadvantaged individual'', and 
``veteran-owned small business'' have the meanings given the terms in 
section 304(c) of this Act.
    (f) Savings Clause.--Nothing in this section shall be construed to 
limit Amtrak's ability to develop its stations, terminals, or other 
assets, to constrain Amtrak's ability to enter into and carry out 
agreements with other parties to enhance development at or around 
Amtrak stations or terminals, or to affect any station development 
initiatives ongoing as of the date of enactment of this Act.

SEC. 211. AMTRAK DEBT.

    Section 205 of the Passenger Rail Investment and Improvement Act of 
2008 (49 U.S.C. 24101 note) is amended--
            (1) by striking ``as of the date of enactment of this Act'' 
        each place it appears;
            (2) in subsection (a)--
                    (A) by inserting ``, to the extent provided in 
                advance in appropriations Acts'' after ``Amtrak's 
                indebtedness''; and
                    (B) by striking the second sentence;
            (3) in subsection (b), by striking ``The Secretary of the 
        Treasury, in consultation'' and inserting ``To the extent 
        amounts are provided in advance in appropriations Acts, the 
        Secretary of the Treasury, in consultation'';
            (4) in subsection (d), by inserting ``, to the extent 
        provided in advance in appropriations Acts'' after ``as 
        appropriate'';
            (5) in subsection (e)--
                    (A) in paragraph (1), by striking ``by section 102 
                of this division''; and
                    (B) in paragraph (2), by striking ``by section 
                102'' and inserting ``for Amtrak'';
            (6) in subsection (g), by inserting ``, unless that debt 
        receives credit assistance, including direct loans and loan 
        guarantees, under chapter 6 of title 23, United States Code or 
        title V of the Railroad Revitalization and Regulatory Act of 
        1976 (45 U.S.C. 821 et seq.)'' after ``Secretary''; and
            (7) by striking subsection (h).

SEC. 212. AMTRAK PILOT PROGRAM FOR PASSENGERS TRANSPORTING DOMESTICATED 
              CATS AND DOGS.

    (a) In General.--Not later than 1 year after the date of enactment 
of this Act, Amtrak shall develop a pilot program that allows 
passengers to transport domesticated cats or dogs on certain trains 
operated by Amtrak.
    (b) Pet Policy.--In developing the pilot program required under 
subsection (a), Amtrak shall--
            (1) in the case of a passenger train that is comprised of 
        more than 1 car, designate, where feasible, at least 1 car in 
        which a ticketed passenger may transport a domesticated cat or 
        dog in the same manner as carry-on baggage if--
                    (A) the cat or dog is contained in a pet kennel;
                    (B) the pet kennel complies with Amtrak size 
                requirements for carriage of carry-on baggage;
                    (C) the passenger is traveling on a train operating 
                on a route described in subparagraph (A), (B), or (D) 
                of section 24102(6) of title 49, United States Code; 
                and
                    (D) the passenger pays a fee described in paragraph 
                (3);
            (2) allow a ticketed passenger to transport a domesticated 
        cat or dog on a train in the same manner as cargo if--
                    (A) the cat or dog is contained in a pet kennel;
                    (B) the pet kennel is stowed in accordance with 
                Amtrak requirements for cargo stowage;
                    (C) the passenger is traveling on a train operating 
                on a route described in subparagraph (A), (B), or (D) 
                of section 24102(6) of title 49, United States Code;
                    (D) the cargo area is temperature controlled in a 
                manner protective of cat and dog safety and health; and
                    (E) the passenger pays a fee described in paragraph 
                (3); and
            (3) collect fees for each cat or dog transported by a 
        ticketed passenger in an amount that, in the aggregate and at a 
        minimum, covers the full costs of the pilot program.
    (c) Report.--Not later than 1 year after the pilot program required 
under subsection (a) is first implemented, Amtrak shall transmit to the 
Committee on Commerce, Science, and Transportation of the Senate and 
the Committee on Transportation and Infrastructure of the House of 
Representatives a report containing an evaluation of the pilot program.
    (d) Limitation on Statutory Construction.--
            (1) Service animals.--The pilot program under subsection 
        (a) shall be separate from and in addition to the policy 
        governing Amtrak passengers traveling with service animals. 
        Nothing in this section may be interpreted to limit or waive 
        the rights of passengers to transport service animals.
            (2) Additional train cars.--Nothing in this section may be 
        interpreted to require Amtrak to add additional train cars or 
        modify existing train cars.
            (3) Federal funds.--No Federal funds may be used to 
        implement the pilot program required under this section.

SEC. 213. AMTRAK BOARD OF DIRECTORS.

    (a) In General.--Section 24302(a) is amended to read as follows:
    ``(a) Composition and Terms.--
            ``(1) In general.--The Amtrak Board of Directors (referred 
        to in this section as the `Board') is composed of the following 
        9 directors, each of whom must be a citizen of the United 
        States:
                    ``(A) The Secretary of Transportation.
                    ``(B) The President of Amtrak.
                    ``(C) 7 individuals appointed by the President of 
                the United States, by and with the advice and consent 
                of the Senate, with general business and financial 
                experience, experience or qualifications in 
                transportation, freight and passenger rail 
                transportation, travel, hospitality, or passenger air 
                transportation businesses, or representatives of 
                employees or users of passenger rail transportation or 
                a State government.
            ``(2) Selection.--In selecting individuals described in 
        paragraph (1)(C) for nominations for appointments to the Board, 
        the President shall consult with the Speaker of the House of 
        Representatives, the minority leader of the House of 
        Representatives, the majority leader of the Senate, and the 
        minority leader of the Senate. The individuals appointed to the 
        Board under paragraph (1)(C) shall be composed of the 
        following;
                    ``(A) 2 individuals from the Northeast Corridor.
                    ``(B) 4 individuals from regions of the country 
                outside of the Northeast Corridor and geographically 
                distributed with--
                            ``(i) 2 individuals from States with long-
                        distance routes operated by Amtrak; and
                            ``(ii) 2 individuals from States with 
                        State-supported routes operated by Amtrak.
                    ``(C) 1 individual from the Northeast Corridor or a 
                State with long-distance or State-supported routes.
            ``(3) Term.--An individual appointed under paragraph (1)(C) 
        shall be appointed for a term of 5 years. The term may be 
        extended until the individual's successor is appointed and 
        qualified. Not more than 4 individuals appointed under 
        paragraph (1)(C) may be members of the same political party.
            ``(4) Chairperson and vice chairperson.--The Board shall 
        elect a chairperson and vice chairperson, other than the 
        President of Amtrak, from among its membership. The vice 
        chairperson shall serve as chairperson in the absence of the 
        chairperson.
            ``(5) Secretary's designee.--The Secretary may be 
        represented at Board meetings by the Secretary's designee.''.
    (b) Rule of Construction.--Nothing in this section shall be 
construed as affecting the term of any director serving on the Amtrak 
Board of Directors under section 24302(a)(1)(C) of title 49, United 
States Code, on the day preceding the date of enactment of this Act.

               TITLE III--INTERCITY PASSENGER RAIL POLICY

SEC. 301. COMPETITIVE OPERATING GRANTS.

    (a) In General.--Chapter 244 is amended--
            (1) by striking section 24406; and
            (2) by inserting after section 24405 the following:
``Sec. 24406. Competitive operating grants
    ``(a) Applicant Defined.--In this section, the term `applicant' 
means--
            ``(1) a State;
            ``(2) a group of States;
            ``(3) an Interstate Compact;
            ``(4) a public agency or publicly chartered authority 
        established by 1 or more States and having responsibility for 
        providing intercity rail passenger transportation or commuter 
        rail passenger transportation;
            ``(5) a political subdivision of a State;
            ``(6) Amtrak or another rail passenger carrier that 
        provides intercity rail passenger transportation;
            ``(7) Any rail carrier in partnership with at least 1 of 
        the entities described in paragraphs (1) through (5); and
            ``(8) any combination of the entities described in 
        paragraphs (1) through (7).
    ``(b) Grants Authorized.--The Secretary of Transportation shall 
develop and implement a program for issuing 3-year operating assistance 
grants to applicants, on a competitive basis, for the purpose of 
initiating, restoring, or enhancing intercity rail passenger service.
    ``(c) Application.--An applicant for a grant under this section 
shall submit to the Secretary--
            ``(1) a capital and mobilization plan that--
                    ``(A) describes any capital investments, service 
                planning actions (such as environmental reviews), and 
                mobilization actions (such as qualification of train 
                crews) required for initiation of service; and
                    ``(B) includes the timeline for undertaking and 
                completing each of the investments and actions referred 
                to in subparagraph (A);
            ``(2) an operating plan that describes the planned 
        operation of the service, including--
                    ``(A) the identity and qualifications of the train 
                operator;
                    ``(B) the identity and qualifications of any other 
                service providers;
                    ``(C) service frequency;
                    ``(D) the planned routes and schedules;
                    ``(E) the station facilities that will be utilized;
                    ``(F) projected ridership, revenues, and costs;
                    ``(G) descriptions of how the projections under 
                subparagraph (F) were developed;
                    ``(H) the equipment that will be utilized, how such 
                equipment will be acquired or refurbished, and where 
                such equipment will be maintained; and
                    ``(I) a plan for ensuring safe operations and 
                compliance with applicable safety regulations;
            ``(3) a funding plan that--
                    ``(A) describes the funding of initial capital 
                costs and operating costs for the first 3 years of 
                operation;
                    ``(B) includes a commitment by the applicant to 
                provide the funds described in subparagraph (A) to the 
                extent not covered by Federal grants and revenues; and
                    ``(C) describes the funding of operating costs and 
                capital costs, to the extent necessary, after the first 
                3 years of operation; and
            ``(4) a description of the status of negotiations and 
        agreements with--
                    ``(A) each of the railroads or regional 
                transportation authorities whose tracks or facilities 
                would be utilized by the service;
                    ``(B) the anticipated rail passenger carrier, if 
                such entity is not part of the applicant group; and
                    ``(C) any other service providers or entities 
                expected to provide services or facilities that will be 
                used by the service, including any required access to 
                Amtrak systems, stations, and facilities if Amtrak is 
                not part of the applicant group.
    ``(d) Priorities.--In awarding grants under this section, the 
Secretary shall give priority to applications--
            ``(1) for which planning, design, any environmental 
        reviews, negotiation of agreements, acquisition of equipment, 
        construction, and other actions necessary for initiation of 
        service have been completed or nearly completed;
            ``(2) that would restore service over routes formerly 
        operated by Amtrak, including routes with international 
        connections;
            ``(3) that would provide daily or daytime service over 
        routes where such service did not previously exist;
            ``(4) that include private funding (including funding from 
        railroads), and funding or other significant participation by 
        State, local, and regional governmental and private entities;
            ``(5) that include a funding plan that demonstrates the 
        intercity rail passenger service will be financially 
        sustainable beyond the 3-year grant period;
            ``(6) that would provide service to regions and communities 
        that are underserved or not served by other intercity public 
        transportation;
            ``(7) that would foster economic development, particularly 
        in rural communities and for disadvantaged populations;
            ``(8) that would provide other non-transportation benefits; 
        and
            ``(9) that would enhance connectivity and geographic 
        coverage of the existing national network of intercity 
        passenger rail service.
    ``(e) Limitations.--
            ``(1) Duration.--Federal operating assistance grants 
        authorized under this section for any individual intercity rail 
        passenger transportation route may not provide funding for more 
        than 3 years and may not be renewed.
            ``(2) Limitation.--Not more than 6 of the operating 
        assistance grants awarded pursuant to subsection (b) may be 
        simultaneously active.
            ``(3) Maximum funding.--Grants described in paragraph (1) 
        may not exceed--
                    ``(A) 80 percent of the projected net operating 
                costs for the first year of service;
                    ``(B) 60 percent of the projected net operating 
                costs for the second year of service; and
                    ``(C) 40 percent of the projected net operating 
                costs for the third year of service.
    ``(f) Use With Capital Grants and Other Federal Funding.--A 
recipient of an operating assistance grant under subsection (b) may use 
that grant in combination with other grants awarded under this chapter 
or any other Federal funding that would benefit the applicable service.
    ``(g) Availability.--Amounts appropriated for carrying out this 
section shall remain available until expended.
    ``(h) Coordination With Amtrak.--If the Secretary awards a grant 
under this section to a rail passenger carrier other than Amtrak, 
Amtrak may be required under section 24711(c)(1) of this title to 
provide access to its reservation system, stations, and facilities that 
are directly related to operations to such carrier, to the extent 
necessary to carry out the purposes of this section. The Secretary may 
award an appropriate portion of the grant to Amtrak as compensation for 
this access.
    ``(i) Conditions.--
            ``(1) Grant agreement.--The Secretary shall require grant 
        recipients under this section to enter into a grant agreement 
        that requires them to provide similar information regarding the 
        route performance, financial, and ridership projections, and 
        capital and business plans that Amtrak is required to provide, 
        and such other data and information as the Secretary deems 
        necessary.
            ``(2) Installments; termination.--The Secretary may--
                    ``(A) award grants under this section in 
                installments, as the Secretary considers appropriate; 
                and
                    ``(B) terminate any grant agreement upon--
                            ``(i) the cessation of service; or
                            ``(ii) the violation of any other term of 
                        the grant agreement.
            ``(3) Grant conditions.--Except as specifically provided in 
        this section, the use of any amounts appropriated for grants 
        under this section shall be subject to the requirements under 
        this chapter.
    ``(j) Report.--Not later than 4 years after the date of enactment 
of the Railroad Reform, Enhancement, and Efficiency Act, the Secretary, 
after consultation with grant recipients under this section, shall 
submit a report to Congress that describes--
            ``(1) the implementation of this section;
            ``(2) the status of the investments and operations funded 
        by such grants;
            ``(3) the performance of the routes funded by such grants;
            ``(4) the plans of grant recipients for continued operation 
        and funding of such routes; and
            ``(5) any legislative recommendations.''.
    (b) Conforming Amendments.--Chapter 244 is amended--
            (1) in the table of contents, by inserting after the item 
        relating to section 24405 the following:

``24406. Competitive operating grants.'';
            (2) in the chapter title, by striking ``INTERCITY PASSENGER 
        RAIL SERVICE CORRIDOR CAPITAL'' and inserting ``RAIL CAPITAL 
        AND OPERATING'';
            (3) in section 24401, by striking paragraph (1);
            (4) in section 24402, by striking subsection (j) and 
        inserting the following:
    ``(j) Applicant Defined.--In this section, the term `applicant' 
means a State (including the District of Columbia), a group of States, 
an Interstate Compact, a public agency or publicly chartered authority 
established by 1 or more States and having responsibility for providing 
intercity rail passenger transportation, or a political subdivision of 
a State.''; and
            (5) in section 24405--
                    (A) in subsection (b)--
                            (i) by inserting ``, or for which an 
                        operating grant is issued under section 
                        24406,'' after ``chapter''; and
                            (ii) in paragraph (2), by striking ``(43'' 
                        and inserting ``(45'';
                    (B) in subsection (d)(1), in the matter preceding 
                subparagraph (A), by inserting ``or unless Amtrak 
                ceased providing intercity passenger railroad 
                transportation over the affected route more than 3 
                years before the commencement of new service'' after 
                ``unless such service was provided solely by Amtrak to 
                another entity'';
                    (C) in subsection (f), by striking ``under this 
                chapter for commuter rail passenger transportation, as 
                defined in section 24012(4) of this title.'' and 
                inserting ``under this chapter for commuter rail 
                passenger transportation (as defined in section 
                24102(3)).''; and
                    (D) by adding at the end the following:
    ``(g) Special Transportation Circumstances.--In carrying out this 
chapter, the Secretary shall allocate an appropriate portion of the 
amounts available under this chapter to provide grants to States--
            ``(1) in which there is no intercity passenger rail 
        service, for the purpose of funding freight rail capital 
        projects that are on a State rail plan developed under chapter 
        227 that provide public benefits (as defined in chapter 227), 
        as determined by the Secretary; or
            ``(2) in which the rail transportation system is not 
        physically connected to rail systems in the continental United 
        States or may not otherwise qualify for a grant under this 
        section due to the unique characteristics of the geography of 
        that State or other relevant considerations, for the purpose of 
        funding transportation-related capital projects.''.

SEC. 302. FEDERAL-STATE PARTNERSHIP FOR STATE OF GOOD REPAIR.

    (a) Amendment.--Chapter 244 is amended by inserting after section 
24406, as added by section 301 of this Act, the following:
``Sec. 24407. Federal-State partnership for state of good repair
    ``(a) Definitions.--In this section:
            ``(1) Applicant.--The term `applicant' means--
                    ``(A) a State (including the District of Columbia);
                    ``(B) a group of States;
                    ``(C) an Interstate Compact;
                    ``(D) a public agency or publicly chartered 
                authority established by 1 or more States that has 
                responsibility for providing intercity rail passenger 
                transportation or commuter rail passenger 
                transportation;
                    ``(E) a political subdivision of a State;
                    ``(F) Amtrak, acting on its own behalf or under a 
                cooperative agreement with 1 or more States; or
                    ``(G) any combination of the entities described in 
                subparagraphs (A) through (F).
            ``(2) Capital project.--The term `capital project' means--
                    ``(A) a project primarily intended to replace, 
                rehabilitate, or repair major infrastructure assets 
                utilized for providing intercity passenger rail 
                service, including tunnels, bridges, stations, and 
                other assets, as determined by the Secretary; or
                    ``(B) a project primarily intended to improve 
                intercity passenger rail performance, including reduced 
                trip times, increased train frequencies, higher 
                operating speeds, and other improvements, as determined 
                by the Secretary.
            ``(3) Northeast corridor.--The term `Northeast Corridor' 
        means--
                    ``(A) the main rail line between Boston, 
                Massachusetts and the Virginia Avenue interlocking in 
                the District of Columbia; and
                    ``(B) the branch rail lines connecting to 
                Harrisburg, Pennsylvania, Springfield, Massachusetts, 
                and Spuyten Duyvil, New York.
            ``(4) Qualified railroad asset.--The term `qualified 
        railroad asset' means infrastructure, equipment, or a facility 
        that--
                    ``(A) is owned or controlled by an eligible 
                applicant; and
                    ``(B) was not in a state of good repair on the date 
                of enactment of the Railroad Reform, Enhancement, and 
                Efficiency Act.
    ``(b) Grant Program Authorized.--The Secretary of Transportation 
shall develop and implement a program for issuing grants to applicants, 
on a competitive basis, to fund capital projects that reduce the state 
of good repair backlog on qualified railroad assets.
    ``(c) Eligible Projects.--Projects eligible for grants under this 
section include capital projects to replace or rehabilitate qualified 
railroad assets, including--
            ``(1) capital projects to replace existing assets in-kind;
            ``(2) capital projects to replace existing assets with 
        assets that increase capacity or provide a higher level of 
        service; and
            ``(3) capital projects to ensure that service can be 
        maintained while existing assets are brought to a state of good 
        repair.
    ``(d) Project Selection Criteria.--In selecting an applicant for a 
grant under this section, the Secretary shall--
            ``(1) give preference to eligible projects--
                    ``(A) that are consistent with the goals, 
                objectives, and policies defined in any regional rail 
                planning document that is applicable to a project 
                proposal; and
                    ``(B) for which the proposed Federal share of total 
                project costs does not exceed 50 percent; and
            ``(2) take into account--
                    ``(A) the cost-benefit analysis of the proposed 
                project, including anticipated private and public 
                benefits relative to the costs of the proposed project, 
                including--
                            ``(i) effects on system and service 
                        performance;
                            ``(ii) effects on safety, competitiveness, 
                        reliability, trip or transit time, and 
                        resilience;
                            ``(iii) efficiencies from improved 
                        integration with other modes; and
                            ``(iv) ability to meet existing or 
                        anticipated demand;
                    ``(B) the degree to which the proposed project's 
                business plan considers potential private sector 
                participation in the financing, construction, or 
                operation of the proposed project;
                    ``(C) the applicant's past performance in 
                developing and delivering similar projects, and 
                previous financial contributions;
                    ``(D) whether the applicant has, or will have--
                            ``(i) the legal, financial, and technical 
                        capacity to carry out the project;
                            ``(ii) satisfactory continuing control over 
                        the use of the equipment or facilities; and
                            ``(iii) the capability and willingness to 
                        maintain the equipment or facilities;
                    ``(E) if applicable, the consistency of the project 
                with planning guidance and documents set forth by the 
                Secretary or required by law; and
                    ``(F) any other relevant factors, as determined by 
                the Secretary.
    ``(e) Planning Requirements.--A project is not eligible for a grant 
under this section unless the project is specifically identified--
            ``(1) on a State rail plan prepared in accordance with 
        chapter 227; or
            ``(2) if the project is located on the Northeast Corridor, 
        on the Northeast Corridor Capital Investment Plan developed 
        pursuant to section 24904(a).
    ``(f) Northeast Corridor Projects.--
            ``(1) Compliance with usage agreements.--Grant funds may 
        not be provided under this section to an eligible recipient for 
        an eligible project located on the Northeast Corridor unless 
        Amtrak and the public authorities providing commuter rail 
        passenger transportation on the Northeast Corridor are in 
        compliance with section 24905(c)(2).
            ``(2) Capital investment plan.--When selecting projects 
        located on the Northeast Corridor, the Secretary shall consider 
        the appropriate sequence and phasing of projects as contained 
        in the Northeast Corridor Capital Investment Plan developed 
        pursuant to section 24904(a).
    ``(g) Federal Share of Total Project Costs.--
            ``(1) Total project cost.--The Secretary shall estimate the 
        total cost of a project under this section based on the best 
        available information, including engineering studies, studies 
        of economic feasibility, environmental analyses, and 
        information on the expected use of equipment or facilities.
            ``(2) Federal share.--The Federal share of total costs for 
        a project under this subsection shall not exceed 80 percent.
            ``(3) Treatment of amtrak revenue.--If Amtrak or another 
        rail passenger carrier is an applicant under this section, 
        Amtrak or the other rail passenger carrier, as applicable, may 
        use ticket and other revenues generated from its operations and 
        other sources to satisfy the non-Federal share requirements.
    ``(h) Letters of Intent.--
            ``(1) In general.--The Secretary may issue a letter of 
        intent to a grantee under this section that--
                    ``(A) announces an intention to obligate, for a 
                major capital project under this section, an amount 
                from future available budget authority specified in law 
                that is not more than the amount stipulated as the 
                financial participation of the Secretary in the 
                project; and
                    ``(B) states that the contingent commitment--
                            ``(i) is not an obligation of the Federal 
                        Government; and
                            ``(ii) is subject to the availability of 
                        appropriations under Federal law and to Federal 
                        laws in force or enacted after the date of the 
                        contingent commitment.
            ``(2) Congressional notification.--
                    ``(A) In general.--Not later than 30 days before 
                issuing a letter under paragraph (1), the Secretary 
                shall submit written notification to--
                            ``(i) the Committee on Commerce, Science, 
                        and Transportation of the Senate;
                            ``(ii) the Committee on Appropriations of 
                        the Senate;
                            ``(iii) the Committee on Transportation and 
                        Infrastructure of the House of Representatives; 
                        and
                            ``(iv) the Committee on Appropriations of 
                        the House of Representatives.
                    ``(B) Contents.--The notification submitted 
                pursuant to subparagraph (A) shall include--
                            ``(i) a copy of the proposed letter or 
                        agreement;
                            ``(ii) the criteria used under subsection 
                        (d) for selecting the project for a grant 
                        award; and
                            ``(iii) a description of how the project 
                        meets such criteria.
            ``(3) Appropriations required.--An obligation or 
        administrative commitment may be made under this section only 
        when amounts are appropriated for such purpose.
    ``(i) Availability.--Amounts appropriated for carrying out this 
section shall remain available until expended.
    ``(j) Grant Conditions.--Except as specifically provided in this 
section, the use of any amounts appropriated for grants under this 
section shall be subject to the requirements under this chapter.''.
    (b) Conforming Amendment.--The table of contents for chapter 244 is 
amended by inserting after the item relating to section 24406 the 
following:

``24407. Federal-State partnership for state of good repair.''.

SEC. 303. LARGE CAPITAL PROJECT REQUIREMENTS.

    Section 24402 is amended by adding at the end the following:
    ``(m) Large Capital Project Requirements.--
            ``(1) In general.--For a grant awarded under this chapter 
        for an amount in excess of $1,000,000,000, the following 
        conditions shall apply:
                    ``(A) The Secretary of Transportation may not 
                obligate any funding unless the applicant demonstrates, 
                to the satisfaction of the Secretary, that the 
                applicant has committed, and will be able to fulfill, 
                the non-Federal share required for the grant within the 
                applicant's proposed project completion timetable.
                    ``(B) The Secretary may not obligate any funding 
                for work activities that occur after the completion of 
                final design unless--
                            ``(i) the applicant submits a financial 
                        plan to the Secretary that generally identifies 
                        the sources of the non-Federal funding required 
                        for any subsequent segments or phases of the 
                        corridor service development program covering 
                        the project for which the grant is awarded;
                            ``(ii) the grant will result in a useable 
                        segment, a transportation facility, or 
                        equipment, that has operational independence or 
                        is financially sustainable; and
                            ``(iii) the intercity passenger rail 
                        benefits anticipated to result from the grant, 
                        such as increased speed, improved on-time 
                        performance, reduced trip time, increased 
                        frequencies, new service, safety improvements, 
                        improved accessibility, or other significant 
                        enhancements, are detailed by the grantee and 
                        approved by the Secretary.
                    ``(C)(i) The Secretary shall ensure that the 
                project is maintained to the level of utility that is 
                necessary to support the benefits approved under 
                subparagraph (B)(iii) for a period of 20 years from the 
                date on which the useable segment, transportation 
                facility, or equipment described in subparagraph 
                (B)(ii) is placed in service.
                    ``(ii) If the project property is not maintained as 
                required under clause (i) for a 12-month period, the 
                grant recipient shall refund a pro-rata share of the 
                Federal contribution, based upon the percentage 
                remaining of the 20-year period that commenced when the 
                project property was placed in service.
            ``(2) Early work.--The Secretary may allow a grantee 
        subject to this subsection to engage in at-risk work activities 
        subsequent to the conclusion of final design if the Secretary 
        determines that such work activities are reasonable and 
        necessary.''.

SEC. 304. SMALL BUSINESS PARTICIPATION STUDY.

    (a) Study.--The Secretary shall conduct a nationwide disparity and 
availability study on the availability and use of small business 
concerns owned and controlled by socially and economically 
disadvantaged individuals and veteran-owned small businesses in 
publicly funded intercity passenger rail service projects.
    (b) Report.--Not later than 4 years after the date of enactment of 
this Act, the Secretary shall submit a report containing the results of 
the study conducted under subsection (a) to the Committee on Commerce, 
Science, and Transportation of the Senate and the Committee on 
Transportation and Infrastructure of the House of Representatives.
    (c) Definitions.--In this section:
            (1) Small business concern.--The term ``small business 
        concern'' has the meaning given such term in section 3 of the 
        Small Business Act (15 U.S.C. 632), except that the term does 
        not include any concern or group of concerns controlled by the 
        same socially and economically disadvantaged individual or 
        individuals that have average annual gross receipts during the 
        preceding 3 fiscal years in excess of $22,410,000, as adjusted 
        annually by the Secretary for inflation.
            (2) Socially and economically disadvantaged individual.--
        The term ``socially and economically disadvantaged individual'' 
        has the meaning given such term in section 8(d) of the Small 
        Business Act (15 U.S.C. 637(d)) and relevant subcontracting 
        regulations issued pursuant to such Act, except that women 
        shall be presumed to be socially and economically disadvantaged 
        individuals for purposes of this section.
            (3) Veteran-owned small business.--The term ``veteran-owned 
        small business'' has the meaning given the term ``small 
        business concern owned and controlled by veterans'' in section 
        3(q)(3) of the Small Business Act (15 U.S.C. 632(q)(3)), except 
        that the term does not include any concern or group of concerns 
        controlled by the same veterans that have average annual gross 
        receipts during the preceding 3 fiscal years in excess of 
        $22,410,000, as adjusted annually by the Secretary for 
        inflation.

SEC. 305. GULF COAST RAIL SERVICE WORKING GROUP.

    (a) In General.--Not later than 90 days after the date of enactment 
of this Act, the Secretary shall convene a working group to evaluate 
the restoration of intercity rail passenger service in the Gulf Coast 
region between New Orleans, Louisiana, and Orlando, Florida.
    (b) Membership.--The working group convened pursuant to subsection 
(a) shall consist of representatives of--
            (1) the Federal Railroad Administration, which shall serve 
        as chair of the working group;
            (2) Amtrak;
            (3) the States along the proposed route or routes;
            (4) regional transportation planning organizations and 
        metropolitan planning organizations, municipalities, and 
        communities along the proposed route or routes, which shall be 
        selected by the Administrator;
            (5) the Southern Rail Commission;
            (6) freight railroad carriers whose tracks may be used for 
        such service; and
            (7) other entities determined appropriate by the Secretary, 
        which may include independent passenger rail operators that 
        express an interest in Gulf Coast service.
    (c) Responsibilities.--The working group shall--
            (1) evaluate all options for restoring intercity rail 
        passenger service in the Gulf Coast region, including options 
        outlined in the report transmitted to Congress pursuant to 
        section 226 of the Passenger Rail Investment and Improvement 
        Act of 2008 (division B of Public Law 110-432);
            (2) select a preferred option for restoring such service;
            (3) develop a prioritized inventory of capital projects and 
        other actions required to restore such service and cost 
        estimates for such projects or actions; and
            (4) identify Federal and non-Federal funding sources 
        required to restore such service, including options for 
        entering into public-private partnerships to restore such 
        service.
    (d) Report.--Not later than 9 months after the date of enactment of 
this Act, the working group shall submit a report to the Committee on 
Commerce, Science, and Transportation of the Senate and the Committee 
on Transportation and Infrastructure of the House of Representatives 
that includes--
            (1) the preferred option selected under subsection (c)(2) 
        and the reasons for selecting such option;
            (2) the information described in subsection (c)(3);
            (3) the funding sources identified under subsection (c)(4);
            (4) the costs and benefits of restoring intercity rail 
        passenger transportation in the region; and
            (5) any other information the working group determines 
        appropriate.

SEC. 306. INTEGRATED PASSENGER RAIL WORKING GROUP.

    (a) In General.--Not later than 180 days after the date of 
enactment of this Act, the Secretary shall convene a working group to 
review issues relating to--
            (1) the potential operation of State-supported routes by 
        rail passenger carriers other than Amtrak; and
            (2) their role in establishing an integrated intercity 
        passenger rail network in the United States.
    (b) Membership.--The working group shall consist of a balanced 
representation of--
            (1) the Federal Railroad Administration, who shall chair 
        the Working Group;
            (2) States that fund State-sponsored routes;
            (3) independent passenger rail operators, including those 
        that carry at least 5,000,000 passengers annually in United 
        States or international rail service;
            (4) Amtrak;
            (5) railroads that host intercity State-supported routes;
            (6) employee representatives from railroad unions and 
        building trade unions with substantial engagement in railroad 
        rights of way construction and maintenance; and
            (7) other entities determined appropriate by the Secretary.
    (c) Responsibilities.--The working group shall evaluate options for 
improving State-supported routes and may make recommendations, as 
appropriate, regarding--
            (1) best practices for State or State authority governance 
        of State-supported routes;
            (2) future sources of Federal and non-Federal funding 
        sources for State-supported routes;
            (3) best practices in obtaining passenger rail operations 
        and services on a competitive basis with the objective of 
        creating the highest quality service at the lowest cost to the 
        taxpayer;
            (4) ensuring potential interoperability of State-supported 
        routes as a part of a national network with multiple providers 
        providing integrated services including ticketing, scheduling, 
        and route planning; and
            (5) the interface between State-supported routes and 
        connecting commuter rail operations, including maximized intra-
        modal and intermodal connections and common sources of funding 
        for capital projects.
    (d) Meetings.--Not later than 60 days after the establishment of 
the working group by the Secretary under subsection (a), the working 
group shall convene an organizational meeting outside of the District 
of Columbia and shall define the rules and procedures governing the 
proceedings of the working group. The working group shall hold at least 
3 meetings per year in States that fund State-supported routes.
    (e) Reports.--
            (1) Preliminary report.--Not later than 1 year after the 
        date the working group is established, the working group shall 
        submit a preliminary report to the Secretary, the Governors of 
        States funding State-supported routes, the Committee on 
        Commerce, Science, and Transportation of the Senate, and the 
        Committee on Transportation and Infrastructure of the House of 
        Representatives that includes--
                    (A) administrative recommendations that can be 
                implemented by a State and State authority or by the 
                Secretary; and
                    (B) preliminary legislative recommendations.
            (2) Final legislative recommendations.--Not later than 2 
        years after the date the working group is established, the 
        working group shall submit a report to the Committee on 
        Commerce, Science, and Transportation of the Senate and the 
        Committee on Transportation and Infrastructure of the House of 
        Representatives that includes final legislative 
        recommendations.

SEC. 307. SHARED-USE STUDY.

    (a) In General.--Not later than 3 years after the date of enactment 
of this Act, the Secretary, in consultation with Amtrak, commuter rail 
authorities, and other passenger rail operators, railroad carriers that 
own rail infrastructure over which both passenger and freight trains 
operate, States, the Surface Transportation Board, the Northeast 
Corridor Commission established under section 24905, the State-
Supported Route Committee established under section 24712, and groups 
representing rail passengers and customers, as appropriate, shall 
complete a study that evaluates--
            (1) the shared use of right-of-way by passenger and freight 
        rail systems; and
            (2) the operational, institutional, and legal structures 
        that would best support improvements to the systems referred to 
        in paragraph (1).
    (b) Areas of Study.--In conducting the study under subsection (a), 
the Secretary shall evaluate--
            (1) the access and use of railroad right-of-way by a rail 
        carrier that does not own the right-of-way, such as passenger 
        rail services that operate over privately-owned right-of-way, 
        including an analysis of--
                    (A) access agreements;
                    (B) costs of access; and
                    (C) the resolution of disputes relating to such 
                access or costs;
            (2) the effectiveness of existing contractual, statutory, 
        and regulatory mechanisms for establishing, measuring, and 
        enforcing train performance standards, including--
                    (A) the manner in which passenger train delays are 
                recorded;
                    (B) the assignment of responsibility for such 
                delays; and
                    (C) the use of incentives and penalties for 
                performance;
            (3) strengths and weaknesses in the existing mechanisms 
        described in paragraph (2) and possible approaches to address 
        the weaknesses;
            (4) mechanisms for measuring and maintaining public 
        benefits resulting from publicly funded freight or passenger 
        rail improvements, including improvements directed towards 
        shared-use right-of-way by passenger and freight rail;
            (5) approaches to operations, capacity, and cost estimation 
        modeling that--
                    (A) allows for transparent decisionmaking; and
                    (B) protects the proprietary interests of all 
                parties;
            (6) liability requirements and arrangements, including--
                    (A) whether to expand statutory liability limits to 
                additional parties;
                    (B) whether to revise the current statutory 
                liability limits;
                    (C) whether current insurance levels of passenger 
                rail operators are adequate and whether to establish 
                minimum insurance requirements for such passenger rail 
                operators; and
                    (D) whether to establish a liability regime modeled 
                after section 170 of the Atomic Energy Act of 1954 (42 
                U.S.C. 2210);
            (7) the effect on rail passenger services, operations, 
        liability limits and insurance levels of the assertion of 
        sovereign immunity by a State; and
            (8) other issues identified by the Secretary.
    (c) Report.--Not later than 60 days after the study under 
subsection (a) is complete, the Secretary shall submit to the Committee 
on Commerce, Science, and Transportation of the Senate and the 
Committee on Transportation and Infrastructure of the House of 
Representatives a report that includes--
            (1) the results of the study; and
            (2) any recommendations for further action, including any 
        legislative proposals consistent with such recommendations.
    (d) Implementation.--The Secretary shall integrate the 
recommendations submitted under subsection (c) into its financial 
assistance programs under subtitle V of title 49, United States Code, 
and section 502 of the Railroad Revitalization and Regulatory Reform 
Act of 1976 (45 U.S.C. 822), as appropriate.

SEC. 308. NORTHEAST CORRIDOR COMMISSION.

    (a) Composition.--Section 24905(a) is amended--
            (1) in paragraph (1)--
                    (A) in the matter preceding subparagraph (A), by 
                inserting ``, infrastructure investments,'' after 
                ``rail operations'';
                    (B) by amending subparagraph (B) to read as 
                follows:
            ``(B) members representing the Department of 
        Transportation, including the Office of the Secretary, the 
        Federal Railroad Administration, and the Federal Transit 
        Administration;''; and
                    (C) in subparagraph (D) by inserting ``and 
                commuter'' after ``freight''; and
            (2) by amending paragraph (6) to read as follows:
            ``(6) The members of the Commission shall elect co-chairs 
        consisting of 1 member described in paragraph (1)(B) and 1 
        member described in paragraph (1)(C).''.
    (b) Statement of Goals and Recommendations.--Section 24905(b) is 
amended--
            (1) in paragraph (1), by inserting ``and periodically 
        update'' after ``develop'';
            (2) in paragraph (2)(A), by striking ``beyond those 
        specified in the state of good repair plan under section 211 of 
        the Passenger Rail Investment and Improvement Act of 2008''; 
        and
            (3) by adding at the end the following:
            ``(3) Submission of statement of goals, recommendations, 
        and performance reports.--The Commission shall submit to the 
        Committee on Commerce, Science, and Transportation of the 
        Senate and the Committee on Transportation and Infrastructure 
        of the House of Representatives--
                    ``(A) any updates made to the statement of goals 
                developed under paragraph (1) not later than 60 days 
                after such updates are made; and
                    ``(B) annual performance reports and 
                recommendations for improvements, as appropriate, 
                issued not later than March 31 of each year, for the 
                prior fiscal year, which summarize--
                            ``(i) the operations and performance of 
                        commuter, intercity, and freight rail 
                        transportation along the Northeast Corridor; 
                        and
                            ``(ii) the delivery of the capital plan 
                        described in section 24904.''.
    (c) Cost Allocation Policy.--Section 24905(c) is amended--
            (1) in the subsection heading, by striking ``Access Costs'' 
        and inserting ``Allocation of Costs'';
            (2) in paragraph (1)--
                    (A) in the paragraph heading, by striking 
                ``formula'' and inserting ``policy'';
                    (B) in the matter preceding subparagraph (A), by 
                striking ``Within 2 years after the date of enactment 
                of the Passenger Rail Investment and Improvement Act of 
                2008, the Commission'' and inserting ``The 
                Commission'';
                    (C) in subparagraph (A), by striking ``formula'' 
                and inserting ``policy''; and
                    (D) by striking subparagraph (B) through (D) and 
                inserting the following:
                    ``(B) develop a proposed timetable for implementing 
                the policy;
                    ``(C) submit the policy and timetable developed 
                under subparagraph (B) to the Surface Transportation 
                Board, the Committee on Commerce, Science, and 
                Transportation of the Senate, and the Committee on 
                Transportation and Infrastructure of the House of 
                Representatives;
                    ``(D) not later than October 1, 2015, adopt and 
                implement the policy in accordance with the timetable; 
                and
                    ``(E) with the consent of a majority of its 
                members, the Commission may petition the Surface 
                Transportation Board to appoint a mediator to assist 
                the Commission members through nonbinding mediation to 
                reach an agreement under this section.'';
            (3) in paragraph (2)--
                    (A) by striking ``formula proposed in'' and 
                inserting ``policy developed under''; and
                    (B) in the second sentence--
                            (i) by striking ``the timetable, the 
                        Commission shall petition the Surface 
                        Transportation Board to'' and inserting 
                        ``paragraph (1)(D) or fail to comply with the 
                        policy thereafter, the Surface Transportation 
                        Board shall''; and
                            (ii) by striking ``amounts for such 
                        services in accordance with section 24904(c) of 
                        this title'' and inserting ``for such usage in 
                        accordance with the procedures and procedural 
                        schedule applicable to a proceeding under 
                        section 24903(c), after taking into 
                        consideration the policy developed under 
                        paragraph (1)(A), as applicable'';
            (4) in paragraph (3), by striking ``formula'' and inserting 
        ``policy''; and
            (5) by adding at the end the following:
            ``(4) Request for dispute resolution.--If a dispute arises 
        with the implementation of, or compliance with, the policy 
        developed under paragraph (1), the Commission, Amtrak, or 
        public authorities providing commuter rail passenger 
        transportation on the Northeast Corridor may request that the 
        Surface Transportation Board conduct dispute resolution. The 
        Surface Transportation Board shall establish procedures for 
        resolution of disputes brought before it under this paragraph, 
        which may include the provision of professional mediation 
        services.''.
    (d) Conforming Amendments.--Section 24905 is amended--
            (1) by striking subsection (d);
            (2) by redesignating subsections (e) and (f) as subsections 
        (d) and (e), respectively;
            (3) in subsection (d), as redesignated, by striking ``to 
        the Commission such sums as may be necessary for the period 
        encompassing fiscal years 2009 through 2013 to carry out this 
        section'' and inserting ``to the Secretary for the use of the 
        Commission and the Northeast Corridor Safety Committee such 
        sums as may be necessary to carry out this section during 
        fiscal year 2016 through 2019, in addition to amounts withheld 
        under section 101(e) of the Railroad Reform, Enhancement, and 
        Efficiency Act''; and
            (4) in subsection (e)(2), as redesignated, by striking ``on 
        the main line.'' and inserting ``on the main line and meet 
        annually with the Commission on the topic of Northeast Corridor 
        safety and security.''.
    (e) Northeast Corridor Planning.--
            (1) Amendment.--Chapter 249 is amended--
                    (A) by redesignating section 24904 as section 
                24903; and
                    (B) by inserting after section 24903, as 
                redesignated, the following:
``Sec. 24904. Northeast Corridor planning
    ``(a) Northeast Corridor Capital Investment Plan.--
            ``(1) Requirement.--Not later than May 1 of each year, the 
        Northeast Corridor Commission established under section 24905 
        (referred to in this section as the `Commission') shall--
                    ``(A) develop a capital investment plan for the 
                Northeast Corridor main line between Boston, 
                Massachusetts, and the Virginia Avenue interlocking in 
                the District of Columbia, and the Northeast Corridor 
                branch lines connecting to Harrisburg, Pennsylvania, 
                Springfield, Massachusetts, and Spuyten Duyvil, New 
                York, including the facilities and services used to 
                operate and maintain those lines; and
                    ``(B) submit the capital investment plan to the 
                Secretary of Transportation and the Committee on 
                Commerce, Science, and Transportation of the Senate and 
                the Committee on Transportation and Infrastructure of 
                the House of Representatives.
            ``(2) Contents.--The capital investment plan shall--
                    ``(A) reflect coordination and network optimization 
                across the entire Northeast Corridor;
                    ``(B) integrate the individual capital and service 
                plans developed by each operator using the methods 
                described in the cost allocation policy developed under 
                section 24905(c);
                    ``(C) cover a period of 5 fiscal years, beginning 
                with the first fiscal year after the date on which the 
                plan is completed;
                    ``(D) notwithstanding section 24902(b), identify, 
                prioritize, and phase the implementation of projects 
                and programs to achieve the service outcomes identified 
                in the Northeast Corridor service development plan and 
                the asset condition needs identified in the Northeast 
                Corridor asset management plans, once available, and 
                consider--
                            ``(i) the benefits and costs of capital 
                        investments in the plan;
                            ``(ii) project and program readiness;
                            ``(iii) the operational impacts; and
                            ``(iv) funding availability;
                    ``(E) categorize capital projects and programs as 
                primarily associated with;
                            ``(i) normalized capital replacement and 
                        basic infrastructure renewals;
                            ``(ii) replacement or rehabilitation of 
                        major Northeast Corridor infrastructure assets, 
                        including tunnels, bridges, stations, and other 
                        assets;
                            ``(iii) statutory, regulatory, or other 
                        legal mandates;
                            ``(iv) improvements to support service 
                        enhancements or growth; or
                            ``(v) strategic initiatives that will 
                        improve overall operational performance or 
                        lower costs;
                    ``(F) identify capital projects and programs that 
                are associated with more than 1 category described in 
                subparagraph (E);
                    ``(G) describe the anticipated outcomes of each 
                project or program, including an assessment of--
                            ``(i) the potential effect on passenger 
                        accessibility, operations, safety, reliability, 
                        and resiliency;
                            ``(ii) the ability of infrastructure owners 
                        and operators to meet regulatory requirements 
                        if the project or program is not funded; and
                            ``(iii) the benefits and costs; and
                    ``(H) include a financial plan.
            ``(3) Financial plan.--The financial plan under paragraph 
        (2)(H) shall--
                    ``(A) identify funding sources and financing 
                methods;
                    ``(B) identify the expected allocated shares of 
                costs pursuant to/using the cost allocation policy 
                developed under section 24905(c);
                    ``(C) identify the projects and programs that the 
                Commission expects will receive Federal financial 
                assistance; and
                    ``(D) identify the eligible entity or entities that 
                the Commission expects will receive the Federal 
                financial assistance described under subparagraph (C).
    ``(b) Failure To Develop a Capital Investment Plan.--If a capital 
investment plan has not been developed by the Commission for a given 
fiscal year, then the funds assigned to the account established under 
section 24319(b) for that fiscal year may be spent only on--
            ``(1) capital projects described in clause (i) or (iii) of 
        subsection (a)(2)(E) of this section; or
            ``(2) capital projects described in subsection 
        (a)(2)(E)(iv) of this section that are for the sole benefit of 
        Amtrak.
    ``(c) Northeast Corridor Asset Management.--
            ``(1) Contents.--With regard to its infrastructure, Amtrak 
        and each State and public transportation entity that owns 
        infrastructure that supports or provides for intercity rail 
        passenger transportation on the Northeast Corridor shall 
        develop an asset management system and develop and update, as 
        necessary, a Northeast Corridor asset management plan for each 
        service territory described in subsection (a) that--
                    ``(A) are consistent with the Federal Transit 
                Administration process, as authorized under section 
                5326, when implemented; and
                    ``(B) include, at a minimum--
                            ``(i) an inventory of all capital assets 
                        owned by the developer of the asset management 
                        plan;
                            ``(ii) an assessment of asset condition;
                            ``(iii) a description of the resources and 
                        processes necessary to bring or maintain those 
                        assets in a state of good repair, including 
                        decision-support tools and investment 
                        prioritization methods; and
                            ``(iv) a description of changes in asset 
                        condition since the previous version of the 
                        plan.
            ``(2) Transmittal.--Each entity described in paragraph (1) 
        shall transmit to the Commission--
                    ``(A) not later than 2 years after the date of 
                enactment of the Railroad Reform, Enhancement, and 
                Efficiency Act, its Northeast Corridor asset management 
                plan developed under paragraph (1); and
                    ``(B) at least biennial thereafter, an update to 
                its Northeast Corridor asset management plan.
    ``(d) Northeast Corridor Service Development Plan Updates.--Not 
less frequently than once every 10 years, the Commission shall update 
the Northeast Corridor service development plan.''.
            (2) Conforming amendments.--
                    (A) Note and mortgage.--Section 24907(a) is amended 
                by striking ``section 24904 of this title'' and 
                inserting ``section 24903''.
                    (B) Table of contents amendment.--The table of 
                contents for chapter 249 is amended--
                            (i) by redesignating the item relating to 
                        section 24904 as relating to section 24903; and
                            (ii) by inserting after the item relating 
                        to section 24903, as redesignated, the 
                        following:

``24904. Northeast Corridor planning.''.
            (3) Repeal.--Section 211 of the Passenger Rail Investment 
        and Improvement Act of 2008 (division B of Public Law 110-432; 
        49 U.S.C. 24902 note) is repealed.

SEC. 309. NORTHEAST CORRIDOR THROUGH-TICKETING AND PROCUREMENT 
              EFFICIENCIES.

    (a) Through-Ticketing Study.--
            (1) In general.--Not later than 3 years after the date of 
        enactment of this Act, the Northeast Corridor Commission 
        established under section 24905(a) of title 49, United States 
        Code (referred to in this section as the ``Commission''), in 
        consultation with Amtrak and the commuter rail passenger 
        transportation providers along the Northeast Corridor shall 
        complete a study on the feasibility of and options for 
        permitting through-ticketing between Amtrak service and 
        commuter rail services on the Northeast Corridor.
            (2) Contents.--In completing the study under paragraph (1), 
        the Northeast Corridor Commission shall--
                    (A) examine the current state of intercity and 
                commuter rail ticketing technologies, policies, and 
                other relevant aspects on the Northeast Corridor;
                    (B) consider and recommend technology, process, 
                policy, or other options that would permit through-
                ticketing to allow intercity and commuter rail 
                passengers to purchase, in a single transaction, travel 
                that utilizes Amtrak and connecting commuter rail 
                services;
                    (C) consider options to expand through-ticketing to 
                include local transit services;
                    (D) summarize costs, benefits, opportunities, and 
                impediments to developing such through-ticketing 
                options; and
                    (E) develop a proposed methodology, including cost 
                and schedule estimates, for carrying out a pilot 
                program on through-ticketing on the Northeast Corridor.
            (3) Report.--Not later than 60 days after the date the 
        study under paragraph (1) is complete, the Commission shall 
        submit to the Committee on Commerce, Science, and 
        Transportation of the Senate and the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives a report that includes--
                    (A) the results of the study; and
                    (B) any recommendations for further action.
    (b) Joint Procurement Study.--
            (1) In general.--Not later than 3 years after the date of 
        enactment of this Act, the Secretary, in cooperation with the 
        Commission, Amtrak, and commuter rail transportation 
        authorities on the Northeast Corridor shall complete a study of 
        the potential benefits resulting from Amtrak and such 
        authorities undertaking select joint procurements for common 
        materials, assets, and equipment when expending Federal funds 
        for such purchases.
            (2) Contents.--In completing the study under paragraph (1), 
        the Secretary shall consider--
                    (A) the types of materials, assets, and equipment 
                that are regularly purchased by Amtrak and such 
                authorities that are similar and could be jointly 
                procured;
                    (B) the potential benefits of such joint 
                procurements, including lower procurement costs, better 
                pricing, greater market relevancy, and other 
                efficiencies;
                    (C) the potential costs of such joint procurements;
                    (D) any significant impediments to undertaking 
                joint procurements, including any necessary 
                harmonization and reconciliation of Federal and State 
                procurement or safety regulations or standards and 
                other requirements; and
                    (E) whether to create Federal incentives or 
                requirements relating to considering or carrying out 
                joint procurements when expending Federal funds.
            (3) Transmission.--Not later than 60 days after completing 
        the study required under this subsection, the Secretary shall 
        submit to the Committee on Commerce, Science, and 
        Transportation of the Senate and the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives a report that includes--
                    (A) the results of the study; and
                    (B) any recommendations for further action.
    (c) Northeast Corridor.--In this section, the term ``Northeast 
Corridor'' means the Northeast Corridor main line between Boston, 
Massachusetts, and the Virginia Avenue interlocking in the District of 
Columbia, and the Northeast Corridor branch lines connecting to 
Harrisburg, Pennsylvania, Springfield, Massachusetts, and Spuyten 
Duyvil, New York, including the facilities and services used to operate 
and maintain those lines.

SEC. 310. DATA AND ANALYSIS.

    (a) Data.--Not later than 3 years after the date of enactment of 
this Act, the Secretary, in consultation with the Surface 
Transportation Board, Amtrak, freight railroads, State and local 
governments, and regional business, tourism and economic development 
agencies shall conduct a data needs assessment--
            (1) to support the development of an efficient and 
        effective intercity passenger rail network;
            (2) to identify the data needed to conduct cost-effective 
        modeling and analysis for intercity passenger rail development 
        programs;
            (3) to determine limitations to the data used for inputs;
            (4) to develop a strategy to address such limitations;
            (5) to identify barriers to accessing existing data;
            (6) to develop recommendations regarding whether the 
        authorization of additional data collection for intercity 
        passenger rail travel is warranted; and
            (7) to determine which entities will be responsible for 
        generating or collecting needed data.
    (b) Benefit-Cost Analysis.--Not later than 180 days after the date 
of enactment of this Act, the Secretary shall enhance the usefulness of 
assessments of benefits and costs, for intercity passenger rail and 
freight rail projects--
            (1) by providing ongoing guidance and training on 
        developing benefit and cost information for rail projects;
            (2) by providing more direct and consistent requirements 
        for assessing benefits and costs across transportation funding 
        programs, including the appropriate use of discount rates;
            (3) by requiring applicants to clearly communicate the 
        methodology used to calculate the project benefits and costs, 
        including non-proprietary information on--
                    (A) assumptions underlying calculations;
                    (B) strengths and limitations of data used; and
                    (C) the level of uncertainty in estimates of 
                project benefits and costs; and
            (4) by ensuring that applicants receive clear and 
        consistent guidance on values to apply for key assumptions used 
        to estimate potential project benefits and costs.
    (c) Confidential Data.--The Secretary shall protect sensitive or 
confidential to the greatest extent permitted by law. Nothing in this 
section shall require any entity to provide information to the 
Secretary in the absence of a voluntary agreement.

SEC. 311. DISASTER RELIEF.

    (a) Major Disaster Assistance Programs.--Section 406(a) of the 
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 
U.S.C. 5172(a)) is amended--
            (1) in paragraph (1)--
                    (A) in subparagraph (A), by striking ``and'' at the 
                end;
                    (B) in subparagraph (B), by striking the period at 
                the end and inserting ``; and''; and
                    (C) by adding at the end the following:
                    ``(C) to entities that receive Federal Government 
                grants to provide critical services for the repair, 
                restoration, reconstruction, or replacement of 
                infrastructure, facilities, and equipment that--
                            ``(i) are owned or operated for the 
                        purposes of providing critical services; and
                            ``(ii) are damaged or destroyed by a major 
                        disaster.''; and
            (2) in paragraph (3)(B)--
                    (A) by striking ``this paragraph'' and inserting 
                ``this subsection''; and
                    (B) by inserting ``transportation,'' after 
                ``education,''.
    (b) Debris Removal.--Section 407(a)(2) of such Act (42 U.S.C. 
5173(a)(2)) is amended by inserting ``entity that receives Federal 
Government grants to provide critical services (as defined in section 
5172(a)(3)(B))'' after ``government''.

SEC. 312. PERFORMANCE-BASED PROPOSALS.

    (a) Solicitation of Proposals.--
            (1) In general.--Not later than 30 days after the date of 
        enactment of this Act, the Secretary shall issue a request for 
        proposals for projects for the financing, design, construction, 
        operation, and maintenance of an intercity passenger rail 
        system, including--
                    (A) the Northeast Corridor;
                    (B) the California Corridor;
                    (C) the Empire Corridor;
                    (D) the Pacific Northwest Corridor;
                    (E) the South Central Corridor;
                    (F) the Gulf Coast Corridor;
                    (G) the Chicago Hub Network;
                    (H) the Florida Corridor;
                    (I) the Keystone Corridor;
                    (J) the Northern New England Corridor; and
                    (K) the Southeast Corridor.
            (2) Submission.--Proposals shall be submitted to the 
        Secretary not later than 180 days after the publication of such 
        request for proposals under paragraph (1).
            (3) Performance standard.--Proposals submitted under 
        paragraph (2) shall meet any standards established by the 
        Secretary. For corridors with existing intercity passenger rail 
        service, proposals shall also be designed to achieve a 
        reduction of existing minimum intercity rail service trip times 
        between the main corridor city pairs by a minimum of 25 
        percent. In the case of a proposal submitted with respect to 
        paragraph (1)(A), the proposal shall be designed to achieve a 
        2-hour or less express service between Washington, District of 
        Columbia, and New York City, New York.
            (4) Contents.--A proposal submitted under this subsection 
        shall include--
                    (A) the names and qualifications of the persons 
                submitting the proposal and the entities proposed to 
                finance, design, construct, operate, and maintain the 
                railroad, railroad equipment, and related facilities, 
                stations, and infrastructure;
                    (B) a detailed description of the proposed rail 
                service, including possible routes, required 
                infrastructure investments and improvements, equipment 
                needs and type, train frequencies, peak and average 
                operating speeds, and trip times;
                    (C) a description of how the project would comply 
                with all applicable Federal rail safety and security 
                laws, orders, and regulations;
                    (D) the locations of proposed stations, which 
                maximize the usage of existing infrastructure to the 
                extent possible, and the populations such stations are 
                intended to serve;
                    (E) the type of equipment to be used, including any 
                technologies, to achieve trip time goals;
                    (F) a description of any proposed legislation 
                needed to facilitate all aspects of the project;
                    (G) a financing plan identifying--
                            (i) projected revenue, and sources thereof;
                            (ii) the amount of any requested public 
                        contribution toward the project, and proposed 
                        sources;
                            (iii) projected annual ridership 
                        projections for the first 10 years of 
                        operations;
                            (iv) annual operations and capital costs;
                            (v) the projected levels of capital 
                        investments required both initially and in 
                        subsequent years to maintain a state-of-good-
                        repair necessary to provide the initially 
                        proposed level of service or higher levels of 
                        service;
                            (vi) projected levels of private investment 
                        and sources thereof, including the identity of 
                        any person or entity that has made or is 
                        expected to make a commitment to provide or 
                        secure funding and the amount of such 
                        commitment; and
                            (vii) projected funding for the full fair 
                        market compensation for any asset, property 
                        right or interest, or service acquired from, 
                        owned, or held by a private person or Federal 
                        entity that would be acquired, impaired, or 
                        diminished in value as a result of a project, 
                        except as otherwise agreed to by the private 
                        person or entity;
                    (H) a description of how the project would 
                contribute to the development of the intercity 
                passenger rail system and an intermodal plan describing 
                how the system will facilitate convenient travel 
                connections with other transportation services;
                    (I) a description of how the project will ensure 
                compliance with Federal laws governing the rights and 
                status of employees associated with the route and 
                service, including those specified in section 24405 of 
                title 49, United States Code;
                    (J) a description of how the design, construction, 
                implementation, and operation of the project will 
                accommodate and allow for future growth of existing and 
                projected intercity, commuter, and freight rail 
                service;
                    (K) a description of how the project would comply 
                with Federal and State environmental laws and 
                regulations, of what environmental impacts would result 
                from the project, and of how any adverse impacts would 
                be mitigated; and
                    (L) a description of the project's impacts on 
                highway and aviation congestion, energy consumption, 
                land use, and economic development in the service area.
    (b) Determination and Establishment of Commissions.--Not later than 
90 days after receipt of the proposals under subsection (a), the 
Secretary shall--
            (1) make a determination as to whether any such proposals--
                    (A) contain the information required under 
                paragraphs (3) and (4) of subsection (a);
                    (B) are sufficiently credible to warrant further 
                consideration;
                    (C) are likely to result in a positive impact on 
                the Nation's transportation system; and
                    (D) are cost-effective and in the public interest;
            (2) establish a commission under subsection (c) for each 
        corridor with 1 or more proposals that the Secretary determines 
        satisfy the requirements of paragraph (1); and
            (3) forward to each commission established under paragraph 
        (2) the applicable proposals for review and consideration.
    (c) Commissions.--
            (1) Members.--Each commission established under subsection 
        (b)(2) shall include--
                    (A) the governors of the affected States, or their 
                respective designees;
                    (B) mayors of appropriate municipalities with stops 
                along the proposed corridor, or their respective 
                designees;
                    (C) a representative from each freight railroad 
                carrier using the relevant corridor, if applicable;
                    (D) a representative from each transit authority 
                using the relevant corridor, if applicable;
                    (E) representatives of nonprofit employee labor 
                organizations representing affected railroad employees; 
                and
                    (F) the President of Amtrak or his or her designee.
            (2) Appointment and selection.--The Secretary shall appoint 
        the members under paragraph (1). In selecting each commission's 
        members to fulfill the requirements under subparagraphs (B) and 
        (E) of paragraph (1), the Secretary shall consult with the 
        Chairperson and Ranking Member of the Committee on Commerce, 
        Science, and Transportation of the Senate and of the Committee 
        on Transportation and Infrastructure of the House of 
        Representatives.
            (3) Chairperson and vice-chairperson selection.--The 
        Chairperson and Vice-Chairperson shall be elected from among 
        members of each commission.
            (4) Quorum and vacancy.--
                    (A) Quorum.--A majority of the members of each 
                commission shall constitute a quorum.
                    (B) Vacancy.--Any vacancy in each commission shall 
                not affect its powers and shall be filled in the same 
                manner in which the original appointment was made.
            (5) Application of law.--Except where otherwise provided by 
        this section, the Federal Advisory Committee Act (5 U.S.C. 
        App.) shall apply to each commission created under this 
        section.
    (d) Commission Consideration.--
            (1) In general.--Each commission established under 
        subsection (b)(2) shall be responsible for reviewing the 
        proposal or proposals forwarded to it under that subsection and 
        not later than 90 days after the establishment of the 
        commission, shall transmit to the Secretary a report, 
        including--
                    (A) a summary of each proposal received;
                    (B) services to be provided under each proposal, 
                including projected ridership, revenues, and costs;
                    (C) proposed public and private contributions for 
                each proposal;
                    (D) the advantages offered by the proposal over 
                existing intercity passenger rail services;
                    (E) public operating subsidies or assets needed for 
                the proposed project;
                    (F) possible risks to the public associated with 
                the proposal, including risks associated with project 
                financing, implementation, completion, safety, and 
                security;
                    (G) a ranked list of the proposals recommended for 
                further consideration under subsection (e) in 
                accordance with each proposal's projected positive 
                impact on the Nation's transportation system;
                    (H) an identification of any proposed Federal 
                legislation that would facilitate implementation of the 
                projects and Federal legislation that would be required 
                to implement the projects; and
                    (I) any other recommendations by the commission 
                concerning the proposed projects.
            (2) Verbal presentation.--Proposers shall be given an 
        opportunity to make a verbal presentation to the commission to 
        explain their proposals.
            (3) Authorization of appropriations.--There is authorized 
        to be appropriated to the Secretary for the use of each 
        commission established under subsection (b)(2) such sums as are 
        necessary to carry out this section.
    (e) Selection by Secretary.--
            (1) In general.--Not later than 60 days after receiving the 
        recommended proposals of the commissions established under 
        subsection (b)(2), the Secretary shall--
                    (A) review such proposals and select any proposal 
                that provides substantial benefits to the public and 
                the national transportation system, is cost-effective, 
                offers significant advantages over existing services, 
                and meets other relevant factors determined appropriate 
                by the Secretary; and
                    (B) submit to the Committee on Commerce, Science, 
                and Transportation of the Senate and the Committee on 
                Transportation and Infrastructure of the House of 
                Representatives a report containing any proposal with 
                respect to subsection (a)(1)(A) that is selected by the 
                Secretary under subparagraph (A) of this paragraph, all 
                the information regarding the proposal provided to the 
                Secretary under subsection (d), and any other 
                information the Secretary considers relevant.
            (2) Subsequent report.--Following the submission of the 
        report under paragraph (1)(B), the Secretary shall submit to 
        the Committee on Commerce, Science, and Transportation of the 
        Senate and the Committee on Transportation and Infrastructure 
        of the House of Representatives a report containing any 
        proposal with respect to subparagraphs (B) through (K) of 
        subsection (a)(1) that are selected by the Secretary under 
        paragraph (1) of this subsection, all the information regarding 
        the proposal provided to the Secretary under subsection (d), 
        and any other information the Secretary considers relevant.
            (3) Limitation on report submission.--The report required 
        under paragraph (2) shall not be submitted by the Secretary 
        until the report submitted under paragraph (1)(B) has been 
        considered through a hearing by the Committee on Commerce, 
        Science, and Transportation of the Senate and the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives on the report submitted under paragraph (1)(B).
    (f) No Actions Without Additional Authority.--No Federal agency may 
take any action to implement, establish, facilitate, or otherwise act 
upon any proposal submitted under this section, other than those 
actions specifically authorized by this section, without explicit 
statutory authority enacted after the date of enactment of this Act.
    (g) Definitions.--In this section:
            (1) Intercity passenger rail.--The term ``intercity 
        passenger rail'' means intercity rail passenger transportation 
        as defined in section 24102 of title 49, United States Code.
            (2) State.--The term ``State'' means any of the 50 States 
        or the District of Columbia.

SEC. 313. AMTRAK INSPECTOR GENERAL.

    (a) Authority.--
            (1) In general.--The Inspector General of Amtrak shall have 
        the authority available to other Inspectors General, as 
        necessary in carrying out the duties specified in the Inspector 
        General Act of 1978 (5 U.S.C. App.), to investigate any alleged 
        violation of sections 286, 287, 371, 641, 1001, 1002 and 1516 
        of title 18, United States Code.
            (2) Agency.--For purposes of sections 286, 287, 371, 641, 
        1001, 1002, and 1516 of title 18, United States Code, Amtrak 
        and the Amtrak Office of Inspector General, shall be considered 
        a corporation in which the United States has a proprietary 
        interest as set forth in section 6 of that title.
    (b) Assessment.--The Inspector General of Amtrak shall--
            (1) not later than 60 days after the date of enactment of 
        this Act, initiate an assessment to determine whether current 
        expenditures or procurements involving Amtrak's fulfillment of 
        the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et 
        seq.) utilize competitive, market-driven provisions that are 
        applicable throughout the entire term of such related 
        expenditures or procurements; and
            (2) not later than 6 months after the date of enactment of 
        this Act, transmit to the Committee on Commerce, Science, and 
        Transportation of the Senate and the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives the assessment under paragraph (1).
    (c) Limitation.--The authority provided by subsections (a) and (b) 
shall be effective only with respect to a fiscal year for which Amtrak 
receives a Federal subsidy.

SEC. 314. MISCELLANEOUS PROVISIONS.

    (a) Title 49 Amendments.--
            (1) Contingent interest recoveries.--Section 22106(b) is 
        amended by striking ``interest thereof'' and inserting 
        ``interest thereon''.
            (2) Authority.--Section 22702(b)(4) is amended by striking 
        ``5 years for reapproval by the Secretary'' and inserting ``4 
        years for acceptance by the Secretary''.
            (3) Contents of state rail plans.--Section 22705(a) is 
        amended by striking paragraph (12).
            (4) Mission.--Section 24101(b) is amended by striking ``of 
        subsection (d)'' and inserting ``set forth in subsection (c)''.
            (5) Table of contents amendment.--The table of contents for 
        chapter 243 is amended by striking the item relating to section 
        24316 and inserting the following:

``24316. Plans to address the needs of families of passengers involved 
                            in rail passenger accidents.''.
            (6) Update.--Section 24305(f)(3) is amended by striking 
        ``$1,000,000'' and inserting ``$5,000,000''.
            (7) Amtrak.--Chapter 247 is amended--
                    (A) in section 24702(a), by striking ``not included 
                in the national rail passenger transportation system'';
                    (B) in section 24706--
                            (i) in subsection (a)--
                                    (I) in paragraph (1), by striking 
                                ``a discontinuance under section 24704 
                                or or''; and
                                    (II) in paragraph (2), by striking 
                                ``section 24704 or''; and
                            (ii) in subsection (b), by striking 
                        ``section 24704 or''; and
                    (C) in section 24709, by striking ``The Secretary 
                of the Treasury and the Attorney General,'' and 
                inserting ``The Secretary of Homeland Security,''.
    (b) Passenger Rail Investment and Improvement Act Amendments.--
Section 305(a) of the Passenger Rail Investment and Improvement Act of 
2008 (49 U.S.C. 24101 note) is amended by inserting ``nonprofit 
organizations representing employees who perform overhaul and 
maintenance of passenger railroad equipment,'' after ``equipment 
manufacturers,''.

                         TITLE IV--RAIL SAFETY

                     Subtitle A--Safety Improvement

SEC. 401. HIGHWAY-RAIL GRADE CROSSING SAFETY.

    (a) Model State Highway-Rail Grade Crossing Action Plan.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Secretary shall develop a model of a 
        State-specific highway-rail grade crossing action plan and 
        distribute the model plan to each State.
            (2) Contents.--The plan developed under paragraph (1) shall 
        include--
                    (A) methodologies, tools, and data sources for 
                identifying and evaluating highway-rail grade crossing 
                safety risks;
                    (B) best practices to reduce the risk of highway-
                rail grade crossing accidents or incidents, including 
                strategies for--
                            (i) education, including model stakeholder 
                        engagement plans or tools;
                            (ii) engineering, including the benefits 
                        and costs of different designs and technologies 
                        used to mitigate highway-rail grade crossing 
                        safety risks; and
                            (iii) enforcement, including the strengths 
                        and weaknesses associated with different 
                        enforcement methods;
                    (C) for each State, a customized list and data set 
                of the highway-rail grade crossing accidents or 
                incidents in that State over the past 3 years, 
                including the location, number of deaths, and number of 
                injuries for each accident or incident; and
                    (D) contact information of a Department of 
                Transportation safety official available to assist the 
                State in adapting the model plan to satisfy the 
                requirements under subsection (b).
    (b) State Highway-Rail Grade Crossing Action Plans.--
            (1) Requirements.--Not later than 18 months after the 
        Secretary develops and distributes the model plan under 
        subsection (a), the Secretary shall promulgate a rule that 
        requires--
                    (A) each State, except the 10 States identified 
                under section 202 of the Rail Safety Improvement Act of 
                2008 (49 U.S.C. 22501 note), to develop and implement a 
                State highway-rail grade crossing action plan; and
                    (B) each State that was identified under section 
                202 of the Rail Safety Improvement Act of 2008 (49 
                U.S.C. 22501 note), to update its State action plan 
                under that section and submit to the Secretary the 
                updated State action plan and a report describing what 
                the State did to implement its previous State action 
                plan under that section and how it will continue to 
                reduce highway-rail grade crossing safety risks.
            (2) Contents.--Each State plan required under this 
        subsection shall--
                    (A) identify highway-rail grade crossings that have 
                experienced recent highway-rail grade crossing 
                accidents or incidents, or are at high-risk for 
                accidents or incidents;
                    (B) identify specific strategies for improving 
                safety at highway-rail grade crossings, including 
                highway-rail grade crossing closures or grade 
                separations; and
                    (C) designate a State official responsible for 
                managing implementation of the State plan under 
                subparagraph (A) or (B) of paragraph (1), as 
                applicable.
            (3) Assistance.--The Secretary shall provide assistance to 
        each State in developing and carrying out, as appropriate, the 
        State plan under this subsection.
            (4) Public availability.--Each State shall submit its final 
        State plan under this subsection to the Secretary for 
        publication. The Secretary shall make each approved State plan 
        publicly available on an official Internet Web site.
            (5) Conditions.--The Secretary may condition the awarding 
        of a grant to a State under chapter 244 of title 49, United 
        States Code, on that State submitting an acceptable State plan 
        under this subsection.
            (6) Review of action plans.--Not later than 60 days after 
        the date of receipt of a State plan under this subsection, the 
        Secretary shall--
                    (A) if the State plan is approved, notify the State 
                and publish the State plan under paragraph (4); and
                    (B) if the State plan is incomplete or deficient, 
                notify the State of the specific areas in which the 
                plan is deficient and allow the State to complete the 
                plan or correct the deficiencies and resubmit the plan 
                under paragraph (1).
            (7) Deadline.--Not later than 60 days after the date of a 
        notice under paragraph (6)(B), a State shall complete the plan 
        or correct the deficiencies and resubmit the plan.
            (8) Failure to complete or correct plan.--If a State fails 
        to meet the deadline under paragraph (7), the Secretary shall 
        post on the Web site under paragraph (4) a notice that the 
        State has an incomplete or deficient highway-rail grade 
        crossing action plan.
    (c) Railway-Highway Crossings Funds.--The Secretary may use funds 
made available to carry out section 130 of title 23, United States 
Code, to provide States with funds to develop a State highway-rail 
grade crossing action plan under subsection (b)(1)(A) of this section 
or to update a State action plan under subsection (b)(1)(B) of this 
section.
    (d) Definitions.--In this section:
            (1) Highway-rail grade crossing.--The term ``highway-rail 
        grade crossing'' means a location within a State, other than a 
        location where 1 or more railroad tracks cross 1 or more 
        railroad tracks at grade where--
                    (A) a public highway, road, or street, or a private 
                roadway, including associated sidewalks and pathways, 
                crosses 1 or more railroad tracks either at grade or 
                grade-separated; or
                    (B) a pathway explicitly authorized by a public 
                authority or a railroad carrier that is dedicated for 
                the use of non-vehicular traffic, including 
                pedestrians, bicyclists, and others, that is not 
                associated with a public highway, road, or street, or a 
                private roadway, crosses 1 or more railroad tracks 
                either at grade or grade-separated.
            (2) State.--The term ``State'' means a State of the United 
        States or the District of Columbia.

SEC. 402. CONFIDENTIAL CLOSE CALL REPORTING SYSTEM.

    (a) In General.--Not later than 3 years after the date of enactment 
of this Act, the Secretary shall promulgate a rule to encourage and 
facilitate the voluntary participation of railroad carriers, railroad 
carrier contractors, and employees of railroad carriers or railroad 
carrier contractors (including any non-profit labor organizations 
representing a class or craft of directly affected employees of 
railroads carriers or railroad carrier contractors) in a confidential 
close call reporting system.
    (b) Program Elements.--
            (1) In general.--The Secretary shall use any information 
        and experience gathered through research and pilot programs on 
        confidential close call reporting systems in developing a rule 
        for the voluntary adoption of confidential close call reporting 
        system programs under this section.
            (2) Rulemaking.--
                    (A) In general.--Each confidential close call 
                reporting system program shall be designed to improve 
                railroad safety by facilitating greater collection and 
                analysis of reports that describe unsafe conditions and 
                events in the railroad industry, as reported 
                voluntarily and confidentially by employees.
                    (B) Requirements.--The rule shall specify--
                            (i) the use of independent third parties 
                        for the collection of close call reports, de-
                        identification of data, and distribution of 
                        close call data;
                            (ii) the criteria for participating 
                        voluntarily in the confidential close call 
                        reporting system;
                            (iii) the criteria for accepting 
                        confidential close call reports;
                            (iv) the appropriate use and protection, 
                        including the information protections described 
                        in subsection (d), of peer review teams and 
                        participation of the Secretary's 
                        representatives;
                            (v) the relief from specific railroad 
                        safety regulatory provisions and the conditions 
                        under which the relief will and will not be 
                        granted; and
                            (vi) the appropriate use and protection, 
                        including the information protections described 
                        in subsection (d), of confidential data 
                        generated under voluntary participation in the 
                        confidential close call reporting system.
    (c) Program Development.--
            (1) In general.--A railroad carrier voluntarily 
        participating in a confidential close call reporting system 
        program, pursuant to program elements contained in the final 
        rule promulgated under subsection (b) and in collaboration with 
        the Secretary, railroad carrier contractors (as appropriate), 
        and employees of railroad carriers or railroad carrier 
        contractors (including any non-profit labor organization 
        representing a class or craft of directly affected employees of 
        railroad carriers or railroad carrier contractors), shall 
        develop an implementing memorandum of understanding that 
        establishes agreed-upon terms for participation in the 
        confidential close call reporting system.
            (2) Signatures required.--An implementing memorandum of 
        understanding under paragraph (1) shall be signed by--
                    (A) the Secretary or the Secretary's designee;
                    (B) the participating railroad carrier or the 
                representative thereof;
                    (C) if appropriate, each participating railroad 
                carrier contractor or the representative thereof; and
                    (D) the participating employees and contractors or 
                the representative thereof (such as 1 or more non-
                profit labor organizations representing a class or 
                craft of directly affected employees of the railroad 
                carrier or railroad carrier contractor).
    (d) Information Protection.--
            (1) In general.--For a confidential close call reporting 
        system program established through an implementing memorandum 
        of understanding described in subsection (c), the rule shall 
        include provisions that withhold from discovery or admission 
        into evidence (in a Federal or State court proceeding for 
        damages involving personal injury, wrongful death, or property 
        damage against a railroad carrier or railroad carrier 
        contractor) any plan, document, report, survey, schedule, list, 
        or data compiled or collected for the sole purpose of 
        developing, evaluating, planning, or implementing a 
        confidential close call reporting system program, including a 
        railroad carrier's analysis of its close calls or near misses.
            (2) Retroactive applications.--With regard to a voluntary 
        confidential close call reporting system that was in effect 
        prior to the date of final rule under subsection (a), the 
        Secretary--
                    (A) shall allow the parties participating in that 
                system to sign a new or revised implementing memorandum 
                of understanding that prospectively entitles the 
                parties to the information protections under paragraph 
                (1); and
                    (B) may retroactively apply the information 
                protections under paragraph (1) to any information and 
                analyses that was generated under that system prior to 
                the date of the final rule.
            (3) Confidentiality.--For a confidential close call 
        reporting system program established through an implementing 
        memorandum of understanding described in subsection (c), the 
        Secretary shall ensure that the Department of Transportation 
        and any entity collecting close call reports, de-identifying 
        data, or distributing close call data provide the same level of 
        confidentiality as contained in the Confidential Information 
        Protection and Statistical Efficiency Act of 2002 (44 U.S.C. 
        3501 note), as administered by the Bureau of Transportation 
        Statistics.
    (e) Savings Clause.--Nothing in this section shall--
            (1) require a railroad carrier to adopt a confidential 
        close call reporting system program;
            (2) prohibit a railroad carrier from voluntarily adopting a 
        confidential close call reporting system program outside of the 
        rulemaking framework; and
            (3) require the Secretary to develop a confidential close 
        call reporting system program with a railroad carrier, a 
        railroad carrier contractor, employees of the railroad carrier 
        or railroad carrier contractor, or any non-profit labor 
        organizations representing a class or craft of employees of a 
        railroad carrier or a railroad carrier contractor.
    (f) Definition of Railroad Carrier.--In this section, the term 
``railroad carrier'' has the meaning given the term in section 20102 of 
title 49, United States Code.
    (g) Additional Information Protections.--Section 20118 is amended--
            (1) in subsection (a)--
                    (A) in the matter preceding paragraph (1)--
                            (i) by inserting ``, confidential close 
                        call reporting system program,'' after ``safety 
                        risk reduction program''; and
                            (ii) by inserting ``pursuant to section 
                        552(b)(3) of that title,'' after ``section 552 
                        of title 5'';
                    (B) in paragraph (1), by inserting ``, confidential 
                close call reporting system program,'' after ``safety 
                risk reduction program''; and
                    (C) in paragraph (2), by inserting ``, confidential 
                close call reporting system program,'' after ``safety 
                risk reduction program'';
            (2) in subsection (b), by inserting ``, confidential close 
        call reporting system program,'' after ``safety risk reduction 
        program''; and
            (3) in subsection (c), by inserting ``, of any information 
        or analyses generated as part of a confidential close call 
        reporting system program,'' after ``risk mitigation analyses''.

SEC. 403. SPEED LIMIT ACTION PLANS.

    (a) In General.--Not later than 90 days after the date of enactment 
of this Act, each railroad carrier providing intercity rail passenger 
transportation or commuter rail passenger transportation, in 
consultation with any applicable host railroad carrier, shall survey 
its entire system and identify each main track location where there is 
a reduction of more than 20 miles per hour from the approach speed to a 
curve or bridge and the maximum authorized operating speed for 
passenger trains at that curve or bridge.
    (b) Action Plans.--Not later than 120 days after the date that the 
survey under subsection (a) is complete, a rail passenger carrier shall 
submit to the Secretary an action plan that--
            (1) identifies each main track location where there is a 
        reduction of more than 20 miles per hour from the approach 
        speed to a curve or bridge and the maximum authorized operating 
        speed for passenger trains at that curve or bridge;
            (2) describes appropriate actions, including modification 
        to automatic train control systems, if applicable, other signal 
        systems, or other practices, including increased crew 
        communication, to enable warning and enforcement of the maximum 
        authorized speed for passenger trains at each location 
        identified under paragraph (1);
            (3) contains milestones and target dates for implementing 
        each appropriate action described under paragraph (2); and
            (4) ensures compliance with the maximum authorized speed at 
        each location identified under paragraph (1).
    (c) Approval.--Not later than 90 days after the date an action plan 
is submitted under subsection (a), the Secretary shall approve, approve 
with conditions, or disapprove the action plan.
    (d) Alternative Safety Measures.--The Secretary may exempt from the 
requirements of this section each segment of track for which operations 
are governed by a positive train control system certified under section 
20157 of title 49, United States Code, or any other safety technology 
or practice that would achieve an equivalent or greater level of safety 
in reducing derailment risk.
    (e) Savings Clause.--Nothing in this section shall prohibit the 
Secretary from applying the requirements of this section to other 
segments of track at high risk of overspeed derailment.

SEC. 404. SIGNAGE.

    (a) In General.--The Secretary shall promulgate such regulations as 
the Secretary considers necessary to require each railroad carrier 
providing intercity rail passenger transportation or commuter rail 
passenger transportation, in consultation with any applicable host 
railroad carrier, to install signs to warn train crews before the train 
approaches a location that the Secretary identifies as having high risk 
of overspeed derailment.
    (b) Alternative Safety Measures.--The Secretary may exempt from the 
requirements of this section each segment of track for which operations 
are governed by a positive train control system certified under section 
20157 of title 49, United States Code, or any other safety technology 
or practice that would achieve an equivalent or greater level of safety 
in reducing derailment risk.

SEC. 405. ALERTERS.

    (a) In General.--The Secretary shall promulgate a rule to require a 
working alerter in the controlling locomotive of each passenger train 
in intercity rail passenger transportation (as defined in section 24102 
of title 49, United States Code) or commuter rail passenger 
transportation (as defined in section 24102 of title 49, United States 
Code).
    (b) Rulemaking.--
            (1) In general.--The Secretary may promulgate a rule to 
        specify the essential functionalities of a working alerter, 
        including the manner in which the alerter can be reset.
            (2) Alternate practice or technology.--The Secretary may 
        require or allow a technology or practice in lieu of a working 
        alerter if the Secretary determines that the technology or 
        practice would achieve an equivalent or greater level of safety 
        in enhancing or ensuring appropriate locomotive control.

SEC. 406. SIGNAL PROTECTION.

    (a) In General.--The Secretary shall promulgate such regulations as 
the Secretary considers necessary to require that on-track safety 
regulations, whenever practicable and consistent with other safety 
requirements and operational considerations, include requiring 
implementation of redundant signal protection, such as shunting or 
other practices and technologies that achieve an equivalent or greater 
level of safety, for maintenance-of-way work crews who depend on a 
train dispatcher to provide signal protection.
    (b) Alternative Safety Measures.--The Secretary may exempt from the 
requirements of this section each segment of track for which operations 
are governed by a positive train control system certified under section 
20157 of title 49, United States Code, or any other safety technology 
or practice that would achieve an equivalent or greater level of safety 
in providing additional signal protection.

SEC. 407. TECHNOLOGY IMPLEMENTATION PLANS.

    Section 20156(e) is amended--
            (1) in paragraph (4)--
                    (A) in subparagraph (A), by striking ``and'' at the 
                end; and
                    (B) in subparagraph (B), by striking the period at 
                the end and inserting ``; and''; and
            (2) by adding at the end the following:
                    ``(C) each railroad carrier required to submit such 
                a plan, until the implementation of a positive train 
                control system by the railroad carrier, shall analyze 
                and, as appropriate, prioritize technologies and 
                practices to mitigate the risk of overspeed 
                derailments.''.

SEC. 408. COMMUTER RAIL TRACK INSPECTIONS.

    (a) In General.--The Secretary shall evaluate track inspection 
regulations to determine if a railroad carrier providing commuter rail 
passenger transportation on high density commuter railroad lines should 
be required to inspect the lines in the same manner as currently 
required for other commuter railroad lines.
    (b) Rulemaking.--Considering safety, including railroad carrier 
employee and contractor safety, and system capacity, the Secretary may 
promulgate a rule for high density commuter railroad lines. If, after 
the evaluation under subsection (a), the Secretary determines that it 
is necessary to promulgate a rule, the Secretary shall specifically 
consider the following regulatory requirements for high density 
commuter railroad lines:
            (1) At least once every 2 weeks--
                    (A) traverse each main line by vehicle; or
                    (B) inspect each main line on foot.
            (2) At least once each month, traverse and inspect each 
        siding by vehicle or by foot.
    (c) Report.--If, after the evaluation under subsection (a), the 
Secretary determines it is not necessary to revise the regulations 
under this section, the Secretary, not later than 2 years after the 
date of enactment of this Act, shall transmit a report to the Committee 
on Commerce, Science, and Transportation of the Senate and the 
Committee on Transportation and Infrastructure of the House of 
Representatives explaining the reasons for not revising the 
regulations.
    (d) Construction.--Nothing in this section may be construed to 
limit the authority of the Secretary to promulgate regulations or issue 
orders under any other law.

SEC. 409. EMERGENCY RESPONSE.

    (a) In General.--The Secretary, in consultation with railroad 
carriers, shall conduct a study to determine whether limitations or 
weaknesses exist in the emergency response information carried by train 
crews transporting hazardous materials.
    (b) Contents.--In conducting the study under subsection (a), the 
Secretary shall evaluate the differences between the emergency response 
information carried by train crews transporting hazardous materials and 
the emergency response guidance provided in the Emergency Response 
Guidebook issued by the Department of Transportation.
    (c) Report.--Not later than 1 year after the date of enactment of 
this Act, the Secretary shall transmit to the Committee on Commerce, 
Science, and Transportation of the Senate and the Committee on 
Transportation and Infrastructure of the House of Representatives a 
report of the findings of the study under subsection (a) and any 
recommendations for legislative action.

SEC. 410. PRIVATE HIGHWAY-RAIL GRADE CROSSINGS.

    (a) In General.--The Secretary, in consultation with railroad 
carriers, shall conduct a study--
            (1) to determine whether limitations or weaknesses exist 
        regarding the availability and usefulness for safety purposes 
        of data on private highway-rail grade crossings; and
            (2) to evaluate existing engineering practices on private 
        highway-rail grade crossings.
    (b) Contents.--In conducting the study under subsection (a), the 
Secretary shall make recommendations as necessary to improve--
            (1) the utility of the data on private highway-rail grade 
        crossings; and
            (2) the implementation of private highway-rail crossing 
        safety measures, including signage and warning systems.
    (c) Report.--Not later than 1 year after the date of enactment of 
this Act, the Secretary shall transmit to the Committee on Commerce, 
Science, and Transportation of the Senate and the Committee on 
Transportation and Infrastructure of the House of Representatives a 
report of the findings of the study and any recommendations for further 
action.

SEC. 411. REPAIR AND REPLACEMENT OF DAMAGED TRACK INSPECTION EQUIPMENT.

    (a) In General.--Subchapter I of chapter 201 is amended by 
inserting after section 20120 the following:
``Sec. 20121. Repair and replacement of damaged track inspection 
              equipment
    ``The Secretary of Transportation may receive and expend cash, or 
receive and utilize spare parts and similar items, from non-United 
States Government sources to repair damages to or replace United States 
Government owned automated track inspection cars and equipment as a 
result of third-party liability for such damages, and any amounts 
collected under this section shall be credited directly to the Railroad 
Safety and Operations account of the Federal Railroad Administration, 
and shall remain available until expended for the repair, operation, 
and maintenance of automated track inspection cars and equipment in 
connection with the automated track inspection program.''.
    (b) Conforming Amendment.--The table of contents for subchapter I 
of chapter 201 is amended by adding after section 21020 the following:

``20121. Repair and replacement of damaged track inspection 
                            equipment.''.

SEC. 412. RAIL POLICE OFFICERS.

    (a) In General.--Section 28101 is amended--
            (1) by striking ``employed by'' each place it appears and 
        inserting ``directly employed by or contracted by'';
            (2) in subsection (b), by inserting ``or agent, as 
        applicable,'' after ``an employee''; and
            (3) by adding at the end the following:
    ``(c) Transfers.--
            ``(1) In general.--If a railroad police officer directly 
        employed by or contracted by a rail carrier and certified or 
        commissioned as a police officer under the laws of a State 
        transfers primary employment or residence from the certifying 
        or commissioning State to another State or jurisdiction, the 
        railroad police officer, not later than 1 year after the date 
        of transfer, shall apply to be certified or commissioned as a 
        police office under the laws of the State of new primary 
        employment or residence.
            ``(2) Interim period.--During the period beginning on the 
        date of transfer and ending 1 year after the date of transfer, 
        a railroad police officer directly employed by or contracted by 
        a rail carrier and certified or commissioned as a police 
        officer under the laws of a State may enforce the laws of the 
        new jurisdiction in which the railroad police officer resides, 
        to the same extent as provided in subsection (a).
    ``(d) Training.--
            ``(1) In general.--A State shall recognize as meeting that 
        State's basic police officer certification or commissioning 
        requirements for qualification as a rail police officer under 
        this section any individual who successfully completes a 
        program at a State-recognized police training academy in 
        another State or at a Federal law enforcement training center 
        and who is certified or commissioned as a police officer by 
        that other State.
            ``(2) Rule of construction.--Nothing in this subsection 
        shall be construed as superseding or affecting any unique State 
        training requirements related to criminal law, criminal 
        procedure, motor vehicle code, or State-mandated comparative or 
        annual in-service training academy or Federal law enforcement 
        training center.''.
    (b) Regulations.--Not later than 1 year after the date of enactment 
of this Act, the Secretary shall revise the regulations in part 207 of 
title 49, Code of Federal Regulations (relating to railroad police 
officers), to permit a railroad to designate an individual, who is 
commissioned in the individual's State of legal residence or State of 
primary employment and directly employed by or contracted by a railroad 
to enforce State laws for the protection of railroad property, 
personnel, passengers, and cargo, to serve in the States in which the 
railroad owns property.
    (c) Conforming Amendments.--
            (1) Amtrak rail police.--Section 24305(e) is amended--
                    (A) by striking ``may employ'' and inserting ``may 
                directly employ or contract with'';
                    (B) by striking ``employed by'' and inserting 
                ``directly employed by or contracted by''; and
                    (C) by striking ``employed without'' and inserting 
                ``directly employed or contracted without''.
            (2) Secure gun storage or safety device; exceptions.--
        Section 922(z)(2)(B) of title 18 is amended by striking 
        ``employed by'' and inserting ``directly employed by or 
        contracted by''.

SEC. 413. TECHNICAL AND CONFORMING AMENDMENTS.

    (a) Assistance to Families of Passengers Involved in Rail Passenger 
Accidents.--Section 1139 is amended--
            (1) in subsection (a)(1), by striking ``phone number'' and 
        inserting ``telephone number'';
            (2) in subsection (a)(2), by striking ``post trauma 
        communication with families'' and inserting ``post-trauma 
        communication with families''; and
            (3) in subsection (j), by striking ``railroad passenger 
        accident'' each place it appears and inserting ``rail passenger 
        accident''.
    (b) Solid Waste Rail Transfer Facility Land-Use Exemption.--Section 
10909 is amended--
            (1) in subsection (b), in the matter preceding paragraph 
        (1), by striking ``Clean Railroad Act of 2008'' and inserting 
        ``Clean Railroads Act of 2008''; and
            (2) in subsection (e), by striking ``Upon the granting of 
        petition from the State'' and inserting ``Upon the granting of 
        a petition from the State''.
    (c) Rulemaking Process.--Section 20116 is amended--
            (1) by inserting ``(2)'' before ``the code, rule, standard, 
        requirement, or practice has been subject to notice and comment 
        under a rule or order issued under this part.'' and indenting 
        accordingly;
            (2) by inserting ``(1)'' before ``unless'' and indenting 
        accordingly;
            (3) in paragraph (1), as redesignated, by striking ``order, 
        or'' and inserting ``order; or''; and
            (4) in the matter preceding paragraph (1), as redesignated, 
        by striking ``unless'' and inserting ``unless--''.
    (d) Enforcement Report.--Section 20120(a) is amended--
            (1) in the matter preceding paragraph (1), by striking 
        ``website'' and inserting ``Web site'';
            (2) in paragraph (1), by striking ``accident and incidence 
        reporting'' and inserting ``accident and incident reporting'';
            (3) in paragraph (2)(G), by inserting ``and'' at the end; 
        and
            (4) in paragraph (5)(B), by striking ``Administrative 
        Hearing Officer or Administrative Law Judge'' and inserting 
        ``administrative hearing officer or administrative law judge''.
    (e) Railroad Safety Risk Reduction Program.--Section 20156 is 
amended--
            (1) in subsection (c), by inserting a comma after ``In 
        developing its railroad safety risk reduction program''; and
            (2) in subsection (g)(1)--
                    (A) by inserting a comma after ``good faith''; and
                    (B) by striking ``non-profit'' and inserting 
                ``nonprofit''.
    (f) Roadway User Sight Distance at Highway-Rail Grade Crossings.--
Section 20159 is amended by striking ``the Secretary'' and inserting 
``the Secretary of Transportation''.
    (g) National Crossing Inventory.--Section 20160 is amended--
            (1) in subsection (a)(1), by striking ``concerning each 
        previously unreported crossing through which it operates or 
        with respect to the trackage over which it operates'' and 
        inserting ``concerning each previously unreported crossing 
        through which it operates with respect to the trackage over 
        which it operates''; and
            (2) in subsection (b)(1)(A), by striking ``concerning each 
        crossing through which it operates or with respect to the 
        trackage over which it operates'' and inserting ``concerning 
        each crossing through which it operates with respect to the 
        trackage over which it operates''.
    (h) Minimum Training Standards and Plans.--Section 20162(a)(3) is 
amended by striking ``railroad compliance with Federal standards'' and 
inserting ``railroad carrier compliance with Federal standards''.
    (i) Development and Use of Rail Safety Technology.--Section 
20164(a) is amended by striking ``after enactment of the Railroad 
Safety Enhancement Act of 2008'' and inserting ``after the date of 
enactment of the Rail Safety Improvement Act of 2008''.
    (j) Rail Safety Improvement Act of 2008.--
            (1) Table of contents.--Section 1(b) of division A of the 
        Rail Safety Improvement Act of 2008 (Public Law 110-432; 122 
        Stat. 4848) is amended--
                    (A) in the item relating to section 307, by 
                striking ``website'' and inserting ``Web site'';
                    (B) in the item relating to title VI, by striking 
                ``solid waste facilities'' and inserting ``solid waste 
                rail transfer facilities''; and
                    (C) in the item relating to section 602, by 
                striking ``solid waste transfer facilities'' and 
                inserting ``solid waste rail transfer facilities''.
            (2) Definitions.--Section 2(a)(1) of division A of the Rail 
        Safety Improvement Act of 2008 (Public Law 110-432; 122 Stat. 
        4849) is amended in the matter preceding subparagraph (A), by 
        inserting a comma after ``at grade''.
            (3) Railroad safety strategy.--Section 102(a)(6) of title I 
        of division A of the Rail Safety Improvement Act of 2008 (49 
        U.S.C. 20101 note) is amended by striking ``Improving the 
        safety of railroad bridges, tunnels, and related infrastructure 
        to prevent accidents, incidents, injuries, and fatalities 
        caused by catastrophic failures and other bridge and tunnel 
        failures.'' and inserting ``Improving the safety of railroad 
        bridges, tunnels, and related infrastructure to prevent 
        accidents, incidents, injuries, and fatalities caused by 
        catastrophic and other failures of such infrastructure.''.
            (4) Operation lifesaver.--Section 206(a) of title II of 
        division A of the Rail Safety Improvement Act of 2008 (49 
        U.S.C. 22501 note) is amended by striking ``Public Service 
        Announcements'' and inserting ``public service announcements''.
            (5) Update of federal railroad administration's web site.--
        Section 307 of title III of division A of the Rail Safety 
        Improvement Act of 2008 (49 U.S.C. 103 note) is amended--
                    (A) in the heading by striking ``federal railroad 
                administration's website'' and inserting ``Federal 
                Railroad Administration Web site'';
                    (B) by striking ``website'' each place it appears 
                and inserting ``Web site''; and
                    (C) by striking ``website's'' and inserting ``Web 
                site's''.
            (6) Alcohol and controlled substance testing for 
        maintenance-of-way employees.--Section 412 of title IV of 
        division A of the Rail Safety Improvement Act of 2008 (49 
        U.S.C. 20140 note) is amended by striking ``Secretary of 
        Transportation'' and inserting ``Secretary''.
            (7) Tunnel information.--Section 414 of title IV of 
        division A of the Rail Safety Improvement Act of 2008 (49 
        U.S.C. 20103 note) is amended--
                    (A) by striking ``parts 171.8, 173.115'' and 
                inserting ``sections 171.8, 173.115''; and
                    (B) by striking ``part 1520.5'' and inserting 
                ``section 1520.5''.
            (8) Safety inspections in mexico.--Section 416 of title IV 
        of division A of the Rail Safety Improvement Act of 2008 (49 
        U.S.C. 20107 note) is amended--
                    (A) in the matter preceding paragraph (1), by 
                striking ``Secretary of Transportation'' and inserting 
                ``Secretary''; and
                    (B) in paragraph (4), by striking ``subsection'' 
                and inserting ``section''.
            (9) Heading of title vi.--The heading of title VI of 
        division A of the Rail Safety Improvement Act of 2008 (122 
        Stat. 4900) is amended by striking ``SOLID WASTE FACILITIES'' 
        and inserting ``SOLID WASTE RAIL TRANSFER FACILITIES''.
            (10) Heading of section 602.--Section 602 of title VI of 
        division A of the Rail Safety Improvement Act of 2008 (122 
        Stat. 4900) is amended by striking ``solid waste transfer 
        facilities'' and inserting ``solid waste rail transfer 
        facilities''.

  Subtitle B--Consolidated Rail Infrastructure and Safety Improvements

SEC. 421. CONSOLIDATED RAIL INFRASTRUCTURE AND SAFETY IMPROVEMENTS.

    (a) In General.--Chapter 244, as amended by section 302 of this 
Act, is further amended by adding at the end the following:
``Sec. 24408. Consolidated rail infrastructure and safety improvements
    ``(a) General Authority.--The Secretary may make grants under this 
section to an eligible recipient to assist in financing the cost of 
improving passenger and freight rail transportation systems in terms of 
safety, efficiency, or reliability.
    ``(b) Eligible Recipients.--The following entities are eligible to 
receive a grant under this section:
            ``(1) A State.
            ``(2) A group of States.
            ``(3) An Interstate Compact.
            ``(4) A public agency or publicly chartered authority 
        established by 1 or more States and having responsibility for 
        providing intercity rail passenger, commuter rail passenger, or 
        freight rail transportation service.
            ``(5) A political subdivision of a State.
            ``(6) Amtrak or another rail passenger carrier that 
        provides intercity rail passenger transportation (as defined in 
        section 24102) or commuter rail passenger transportation (as 
        defined in section 24102).
            ``(7) A Class II railroad or Class III railroad (as those 
        terms are defined in section 20102).
            ``(8) Any rail carrier or rail equipment manufacturer in 
        partnership with at least 1 of the entities described in 
        paragraphs (1) through (5).
            ``(9) Any entity established to procure, manage, or 
        maintain passenger rail equipment under section 305 of the 
        Passenger Rail Investment and Improvement Act of 2008 (49 
        U.S.C. 24101 note).
            ``(10) An organization that is actively involved in the 
        development of operational and safety-related standards for 
        rail equipment and operations or the implementation of safety-
        related programs.
            ``(11) The Transportation Research Board and any entity 
        with which it contracts in the development of rail-related 
        research, including cooperative research programs.
            ``(12) A University transportation center actively engaged 
        in rail-related research.
            ``(13) A non-profit labor organization representing a class 
        or craft of employees of railroad carriers or railroad carrier 
        contractors.
    ``(c) Eligible Projects.--The following projects are eligible to 
receive grants under this section:
            ``(1) Deployment of railroad safety technology, including 
        positive train control and rail integrity inspection systems.
            ``(2) A capital project as defined in section 24401, except 
        that a project shall not be required to be in a State rail plan 
        developed under chapter 227.
            ``(3) A capital project identified by the Secretary as 
        being necessary to address congestion challenges affecting rail 
        service.
            ``(4) A highway-rail grade crossing improvement, including 
        grade separations, private highway-rail grade crossing 
        improvements, and safety engineering improvements to reduce 
        risk in quiet zones or potential quiet zones.
            ``(5) A rail line relocation project.
            ``(6) A capital project to improve short-line or regional 
        railroad infrastructure.
            ``(7) Paying all or a portion of the credit risk premium, 
        as determined under section 502(f) of the Railroad 
        Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 
        822(f)), and loan charges described in section 503(l) of that 
        Act (45 U.S.C. 823(l)) for a project eligible for Federal 
        credit assistance under that Act (45 U.S.C. 801 et seq.).
            ``(8) Development of public education, awareness, and 
        targeted law enforcement activities to reduce violations of 
        traffic laws at highway-rail grade crossings and to help 
        prevent and reduce injuries and fatalities along railroad 
        rights-of-way.
            ``(9) The preparation of regional rail and corridor service 
        development plans and corresponding environmental analyses.
            ``(10) Any project that the Secretary considers necessary 
        to enhance multimodal connections or facilitate service 
        integration between rail service and other modes, including 
        between intercity rail passenger transportation and intercity 
        bus service.
            ``(11) The development of rail-related capital, operations, 
        and safety standards.
            ``(12) The implementation and operation of a safety program 
        or institute designed to improve rail safety culture and rail 
        safety performance.
            ``(13) Any research that the Secretary considers necessary 
        to advance any particular aspect of rail-related capital, 
        operations, or safety improvements.
            ``(14) Workforce development activities, coordinated to the 
        extent practicable with the existing local training programs 
        supported by the Department of Transportation, Department of 
        Labor, and Department of Education.
    ``(d) Application Process.--The Secretary shall prescribe the form 
and manner of filing an application under this section.
    ``(e) Project Selection Criteria.--
            ``(1) In general.--In selecting a recipient of a grant for 
        an eligible project, the Secretary shall--
                    ``(A) give preference to a proposed project for 
                which the proposed Federal share of total project costs 
                does not exceed 50 percent; and
                    ``(B) after factoring in preference to projects 
                under subparagraph (A), select projects that will 
                maximize the net benefits of the funds appropriated for 
                use under this section, considering the cost-benefit 
                analysis of the proposed project, including anticipated 
                private and public benefits relative to the costs of 
                the proposed project and factoring in the other 
                considerations described in paragraph (2).
            ``(2) Other considerations.--The Secretary shall also 
        consider the following:
                    ``(A) The degree to which the proposed project's 
                business plan considers potential private sector 
                participation in the financing, construction, or 
                operation of the project;
                    ``(B) The recipient's past performance in 
                developing and delivering similar projects, and 
                previous financial contributions;
                    ``(C) Whether the recipient has or will have the 
                legal, financial, and technical capacity to carry out 
                the proposed project, satisfactory continuing control 
                over the use of the equipment or facilities, and the 
                capability and willingness to maintain the equipment or 
                facilities;
                    ``(D) If applicable, the consistency of the 
                proposed project with planning guidance and documents 
                set forth by the Secretary or required by law or State 
                rail plans developed under chapter 227;
                    ``(E) If applicable, any technical evaluation 
                ratings that proposed project received under previous 
                competitive grant programs administered by the 
                Secretary; and
                    ``(F) Such other factors as the Secretary considers 
                relevant to the successful delivery of the project.
            ``(3) Benefits.--The benefits described in paragraph (1)(B) 
        may include the effects on system and service performance, 
        including measures such as improved safety, competitiveness, 
        reliability, trip or transit time, resilience, efficiencies 
        from improved integration with other modes, and ability to meet 
        existing or anticipated demand.
    ``(f) Performance Measures.--The Secretary shall establish 
performance measures for each grant recipient to assess progress in 
achieving strategic goals and objectives. The Secretary may require a 
grant recipient to periodically report information related to such 
performance measures.
    ``(g) Rural Areas.--
            ``(1) In general.--Of the amounts appropriated under this 
        section, at least 25 percent shall be available for projects in 
        rural areas. The Secretary shall consider a project to be in a 
        rural area if all or the majority of the project (determined by 
        the geographic location or locations where the majority of the 
        project funds will be spent) is located in a rural area.
            ``(2) Definition of rural area.--In this subsection, the 
        term `rural area' means any area not in an urbanized area, as 
        defined by the Census Bureau.
    ``(h) Federal Share of Total Project Costs.--
            ``(1) Total project costs.--The Secretary shall estimate 
        the total costs of a project under this subsection based on the 
        best available information, including engineering studies, 
        studies of economic feasibility, environmental analyses, and 
        information on the expected use of equipment or facilities.
            ``(2) Federal share.--The Federal share of total project 
        costs under this subsection shall not exceed 80 percent.
            ``(3) Treatment of passenger rail revenue.--If Amtrak or 
        another rail passenger carrier is an applicant under this 
        section, Amtrak or the other rail passenger carrier, as 
        applicable, may use ticket and other revenues generated from 
        its operations and other sources to satisfy the non-Federal 
        share requirements.
    ``(i) Applicability.--Except as specifically provided in this 
section, the use of any amounts appropriated for grants under this 
section shall be subject to the requirements of this chapter.
    ``(j) Availability.--Amounts appropriated for carrying out this 
section shall remain available until expended.''.
    (b) Conforming Amendment.--The table of contents of chapter 244, as 
amended by section 302 of this Act, is amended by adding after the item 
relating to section 24407 the following:

``24408. Consolidated rail infrastructure and safety improvements.''.

                       TITLE V--PROJECT DELIVERY

SEC. 501. SHORT TITLE.

    This title may be cited as the ``Track, Railroad, and 
Infrastructure Network Act''.

SEC. 502. PRESERVATION OF PUBLIC LANDS.

    (a) Highways.--Section 138 of title 23, United States Code, is 
amended--
            (1) in subsection (b)(2)(A)(i), by inserting ``, taking 
        into consideration any avoidance, minimization, and mitigation 
        or enhancement measures incorporated into the program or 
        project'' after ``historic site''; and
            (2) by adding at the end the following:
    ``(c) Rail and Transit.--Improvements to, or the maintenance, 
rehabilitation, or operation of, railroad or rail transit lines or 
elements of such lines, with the exception of stations, that are in use 
or were historically used for the transportation of goods or 
passengers, shall not be considered a use of an historic site under 
subsection (a), regardless of whether the railroad or rail transit line 
or element of such line is listed on, or eligible for listing on, the 
National Register of Historic Places.''.
    (b) Transportation Projects.--Section 303 is amended--
            (1) in subsection (c), by striking ``subsection (d)'' and 
        inserting ``subsections (d) and (e)'';
            (2) in subsection (d)(2)(A)(i), by inserting ``, taking 
        into consideration any avoidance, minimization, and mitigation 
        or enhancement measures incorporated into the program or 
        project'' after ``historic site''; and
            (3) by adding at the end the following:
    ``(e) Rail and Transit.--Improvements to, or the maintenance, 
rehabilitation, or operation of, railroad or rail transit lines or 
elements of such lines, with the exception of stations, that are in use 
or were historically used for the transportation of goods or 
passengers, shall not be considered a use of an historic site under 
subsection (c), regardless of whether the railroad or rail transit line 
or element of such line is listed on, or eligible for listing on, the 
National Register of Historic Places.''.

SEC. 503. EFFICIENT ENVIRONMENTAL REVIEWS.

    (a) In General.--Section 304 is amended--
            (1) in the heading, by striking ``for multimodal projects'' 
        and inserting ``and increasing the efficiency of environmental 
        reviews''; and
            (2) by adding at the end the following:
    ``(e) Efficient Environmental Reviews.--
            ``(1) In general.--The Secretary of Transportation shall 
        apply the project development procedures, to the greatest 
        extent feasible, described in section 139 of title 23, United 
        States Code, to any rail project that requires the approval of 
        the Secretary of Transportation under the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
            ``(2) Regulations and procedures.--The Secretary of 
        Transportation shall incorporate such project development 
        procedures into the agency regulations and procedures 
        pertaining to rail projects.
    ``(f) Applicability of NEPA Decisions.--
            ``(1) In general.--A Department of Transportation operating 
        administration may apply a categorical exclusion designated by 
        another Department of Transportation operating administration 
        under the National Environmental Policy Act of 1969 (42 U.S.C. 
        4321 et seq.).
            ``(2) Findings.--A Department of Transportation operating 
        administration may adopt, in whole or in part, another 
        Department of Transportation operating administration's Record 
        of Decision, Finding of No Significant Impact, and any 
        associated evaluations, determinations, or findings 
        demonstrating compliance with any law related to environmental 
        review or historic preservation.''.

SEC. 504. ADVANCE ACQUISITION.

    (a) In General.--Chapter 241 is amended by inserting after section 
24105 the following--
``Sec. 24106. Advance acquisition
    ``(a) Rail Corridor Preservation.--The Secretary may assist a 
recipient of funding in acquiring right-of-way and adjacent real 
property interests before or during the completion of the environmental 
reviews for any project receiving funding under subtitle V of title 49, 
United States Code, that may use such property interests if the 
acquisition is otherwise permitted under Federal law, and the recipient 
requesting Federal funding for the acquisition certifies, with the 
concurrence of the Secretary, that--
            ``(1) the recipient has authority to acquire the right-of-
        way or adjacent real property interest; and
            ``(2) the acquisition of the right-of-way or adjacent real 
        property interest--
                    ``(A) is for a transportation or transportation-
                related purpose;
                    ``(B) will not cause significant adverse 
                environmental impact;
                    ``(C) will not limit the choice of reasonable 
                alternatives for the proposed project or otherwise 
                influence the decision of the Secretary on any approval 
                required for the proposed project;
                    ``(D) does not prevent the lead agency for the 
                review process from making an impartial decision as to 
                whether to accept an alternative that is being 
                considered;
                    ``(E) complies with other applicable Federal law, 
                including regulations;
                    ``(F) will be acquired through negotiation and 
                without the threat of condemnation; and
                    ``(G) will not result in the elimination or 
                reduction of benefits or assistance to a displaced 
                person under the Uniform Relocation Assistance and Real 
                Property Acquisition Policies Act of 1970 (42 U.S.C. 
                4601 et seq.) and title VI of the Civil Rights Act of 
                1964 (42 U.S.C. 2000d et seq.).
    ``(b) Environmental Reviews.--
            ``(1) Completion of nepa review.--Before authorizing any 
        Federal funding for the acquisition of a real property interest 
        that is the subject of a grant or other funding under this 
        subtitle, the Secretary shall complete, if required, the review 
        process under the National Environmental Policy Act of 1969 (42 
        U.S.C. 4321 et seq.) with respect to the acquisition.
            ``(2) Completion of section 106.--An acquisition of a real 
        property interest involving an historic site shall not occur 
        unless the section 106 process, if required, under the National 
        Historic Preservation Act (54 U.S.C. 306108) is complete.
            ``(3) Timing of acquisitions.--A real property interest 
        acquired under subsection (a) may not be developed in 
        anticipation of the proposed project until all required 
        environmental reviews for the project have been completed.''.
    (b) Conforming Amendment.--The table of contents of chapter 241 is 
amended by inserting after the item relating to section 24105 the 
following:

``24106. Advance acquisition.''.

SEC. 505. RAILROAD RIGHTS-OF-WAY.

    Section 306108 of title 54, United States Code, is amended--
            (1) by inserting ``(b) Opportunity To Comment.--'' before 
        ``The head of the Federal agency shall afford'' and indenting 
        accordingly;
            (2) in the matter before subsection (b), by inserting ``(a) 
        In General.--'' before ``The head of any Federal agency having 
        direct'' and indenting accordingly; and
            (3) by adding at the end the following:
    ``(c) Exemption for Railroad Rights-of-Way.--
            ``(1) In general.--Not later than 1 year after the date of 
        enactment of the Track, Railroad, and Infrastructure Network 
        Act, the Secretary of Transportation shall submit a proposed 
        exemption of railroad rights-of-way from the review under this 
        chapter to the Council for its consideration, consistent with 
        the exemption for interstate highways approved on March 10, 
        2005 (70 Fed. Reg. 11,928).
            ``(2) Final exemption.--Not later than 180 days after the 
        date that the Secretary submits the proposed exemption under 
        paragraph (1) to the Council, the Council shall issue a final 
        exemption of railroad rights-of-way from review under this 
        chapter, consistent with the exemption for interstate highways 
        approved on March 10, 2005 (70 Fed. Reg. 11,928).''.

SEC. 506. IMPROVING STATE AND FEDERAL AGENCY ENGAGEMENT IN 
              ENVIRONMENTAL REVIEWS.

    (a) In General.--Chapter 3 is amended by inserting after section 
306 the following:
``Sec. 307. Improving State and Federal agency engagement in 
              environmental reviews
    ``(a) In General.--An entity receiving financial assistance from 
the Secretary of Transportation for 1 or more projects or for a program 
of projects, may request that the Secretary allow the entity to provide 
funds to any Federal agency, including the Department of 
Transportation, State agency, or Indian tribe (as defined in section 
102 of the Federally Recognized Indian Tribe List Act of 1994 (25 
U.S.C. 479a)) participating in the environmental planning and review 
process for the project, projects, or program. The funds may be 
provided only to support activities that directly and meaningfully 
contribute to expediting and improving permitting and review processes, 
including planning, approval, and consultation processes for the 
project, projects, or program.
    ``(b) Activities Eligible for Funding.--Activities for which funds 
may be provided under subsection (a) include transportation planning 
activities that precede the initiation of the environmental review 
process, activities directly related to the environmental review 
process, dedicated staffing, training of agency personnel, information 
gathering and mapping, and development of programmatic agreements.
    ``(c) Amounts.--Requests under subsection (a) may be approved only 
for the additional amounts that the Secretary determines are necessary 
for the Federal agencies, State agencies, or Indian tribes 
participating in the environmental planning and review process to 
timely conduct the reviews in an expedited manner.
    ``(d) Agreements.--Prior to providing funds approved by the 
Secretary for dedicated staffing at an affected Federal agency under 
subsections (a) and (b), the affected Federal agency, State agency or 
Indian tribe, as appropriate, and the requesting entity shall enter 
into an agreement that establishes a process to identify the projects 
or priorities to be addressed by the use of the funds.
    ``(e) Rule of Construction.--Nothing in this section shall be 
construed to be inconsistent with or to interfere with section 139(j) 
of title 23.''.
    (b) Conforming Amendment.--The table of contents of chapter 3 is 
amended by inserting after the item relating to section 306 the 
following:

``307. Improving State and Federal agency engagement in environmental 
                            reviews.''.

SEC. 507. SAVINGS CLAUSE.

    Nothing in this title, or any amendment made by this title, shall 
be construed as superceding, amending, or modifying the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) or affect the 
responsibility of any Federal officer to comply with or enforce any 
such statute.

SEC. 508. TRANSITION.

    Nothing in this title, or any amendment made by this title, shall 
affect any existing environmental review process, program, agreement, 
or funding arrangement approved by the Secretary under title 49, United 
States Code, as that title was in effect on the day preceding the date 
of enactment of this title.

                          TITLE VI--FINANCING

SEC. 601. SHORT TITLE; REFERENCES.

    (a) Short Title.--This title may be cited as the ``Railroad 
Infrastructure Financing Improvement Act''.
    (b) References to the Railroad Revitalization and Regulatory Reform 
Act of 1976.--Except as otherwise expressly provided, wherever in this 
title an amendment or repeal is expressed in terms of an amendment to, 
or repeal of, a section or other provision, the reference shall be 
considered to be made to a section or other provision of the Railroad 
Revitalization and Regulatory Reform Act of 1976, as amended (45 U.S.C. 
801 et seq.).

SEC. 602. DEFINITIONS.

    Section 501 (45 U.S.C. 821) is amended--
            (1) by redesignating paragraph (8) as paragraph (10);
            (2) by redesignating paragraphs (6) and (7) as paragraphs 
        (7) and (8), respectively;
            (3) by inserting after paragraph (5) the following:
            ``(6) The term `investment-grade rating' means a rating of 
        BBB minus, Baa 3, bbb minus, BBB(low), or higher assigned by a 
        rating agency.'';
            (4) by inserting after paragraph (8), as redesignated, the 
        following:
            ``(9) The term `master credit agreement' means an agreement 
        to make 1 or more direct loans or loan guarantees at future 
        dates for a program of related projects on terms acceptable to 
        the Secretary.''; and
            (5) by adding at the end the following:
            ``(11) The term `obligor' means a party that--
                    ``(A) is primarily liable for payment of the 
                principal of or interest on a direct loan or loan 
                guarantee under this section; and
                    ``(B) may be a corporation, limited liability 
                company, partnership, joint venture, trust, or 
                governmental entity, agency, or instrumentality.
            ``(12) The term `project obligation' means a note, bond, 
        debenture, or other debt obligation issued by a borrower in 
        connection with the financing of a project, other than a direct 
        loan or loan guarantee under this title.
            ``(13) The term `railroad' has the meaning given the term 
        `railroad carrier' in section 20102 of title 49, United States 
        Code.
            ``(14) The term `rating agency' means a credit rating 
        agency registered with the Securities and Exchange Commission 
        as a nationally recognized statistical rating organization (as 
        defined in section 3(a) of the Securities Exchange Act of 1934 
        (15 U.S.C. 78c(a))).
            ``(15) The term `substantial completion' means--
                    ``(A) the opening of a project to passenger or 
                freight traffic; or
                    ``(B) a comparable event, as determined by the 
                Secretary and specified in the direct loan.''.

SEC. 603. ELIGIBLE APPLICANTS.

    Section 502(a) (45 U.S.C. 822(a)) is amended--
            (1) in paragraph (5), by striking ``one railroad; and'' and 
        inserting ``1 of the entities described in paragraph (1), (2), 
        (3), (4), or (6);'';
            (2) by amending paragraph (6) to read as follows:
            ``(6) solely for the purpose of constructing a rail 
        connection between a plant or facility and a rail carrier, 
        limited option freight shippers that own or operate a plant or 
        other facility; and''; and
            (3) by adding at the end the following:
            ``(7) any obligor, as designated by an entity otherwise 
        eligible to receive a direct loan or loan guarantee under this 
        section, including a special purpose entity receiving user fees 
        or other payments or revenues from dedicated sources for debt 
        service and maintenance of the equipment or facilities to be 
        acquired or improved; and
            ``(8) a public-private or private partnership between at 
        least 1 other entity listed in any of paragraphs (1) through 
        (7) and a consortium that specializes in real estate 
        development.''.

SEC. 604. ELIGIBLE PURPOSES.

    Section 502(b)(1) (45 U.S.C. 822(b)(1)) is amended--
            (1) in subparagraph (A), by inserting ``, and costs related 
        to these activities, including pre-construction costs'' after 
        ``shops'';
            (2) in subparagraph (B), by striking ``subparagraph (A); 
        or'' and inserting ``subparagraph (A) or (C);'';
            (3) in subparagraph (C), by striking the period at the end 
        and inserting a semicolon; and
            (4) by adding at the end the following:
                    ``(D) reimburse planning and design expenses 
                relating to projects described in subparagraph (A) or 
                (C); or
                    ``(E) finance economic development, including 
                commercial and residential development, and related 
                infrastructure and activities, that--
                            ``(i) incorporates private investment;
                            ``(ii) is physically or functionally 
                        related to a passenger rail station or 
                        multimodal station that includes rail service;
                            ``(iii) has a high probability of the 
                        applicant commencing the contracting process 
                        for construction not later than 90 days after 
                        the date on which the direct loan or loan 
                        guarantee is obligated for the project under 
                        this title; and
                            ``(iv) has a high probability of reducing 
                        the need for financial assistance under any 
                        other Federal program for the relevant 
                        passenger rail station or service by increasing 
                        ridership, tenant lease payments, or other 
                        activities that generate revenue exceeding 
                        costs.''.

SEC. 605. PROGRAM ADMINISTRATION.

    (a) Application Processing Procedures.--Section 502(i) (45 U.S.C. 
822(i)) is amended to read as follows:
    ``(i) Application Processing Procedures.--
            ``(1) Application status notices.--Not later than 30 days 
        after the date that the Secretary receives an application under 
        this section, the Secretary shall provide the applicant written 
        notice as to whether the application is complete or incomplete.
            ``(2) Incomplete applications.--If the Secretary determines 
        that an application is incomplete, the Secretary shall--
                    ``(A) provide the applicant with a description of 
                all of the specific information or material that is 
                needed to complete the application; and
                    ``(B) allow the applicant to resubmit the 
                information and material described under subparagraph 
                (A) to complete the application.
            ``(3) Application approvals and disapprovals.--
                    ``(A) In general.--Not later than 60 days after the 
                date the Secretary notifies an applicant that an 
                application is complete under paragraph (1), the 
                Secretary shall provide the applicant written notice as 
                to whether the Secretary has approved or disapproved 
                the application.
                    ``(B) Actions by the office of management and 
                budget.--In order to enable compliance with the time 
                limit under subparagraph (A), the Office of Management 
                and Budget shall take any action required with respect 
                to the application within that 60-day period.
            ``(4) Expedited processing.--The Secretary shall implement 
        procedures and measures to economize the time and cost involved 
        in obtaining an approval or a disapproval of credit assistance 
        under this title.
            ``(5) Dashboard.--The Secretary shall post on the 
        Department of Transportation's public Web site a monthly report 
        that includes for each application--
                    ``(A) the name of the applicant or applicants;
                    ``(B) the location of the project;
                    ``(C) a brief description of the project, including 
                its purpose;
                    ``(D) the requested direct loan or loan guarantee 
                amount;
                    ``(E) the date on which the Secretary provided 
                application status notice under paragraph (1); and
                    ``(F) the date that the Secretary provided notice 
                of approval or disapproval under paragraph (3).''.
    (b) Administration of Direct Loans and Loan Guarantees.--Section 
503 (45 U.S.C. 823) is amended--
            (1) in subsection (a), by striking the period at the end 
        and inserting ``, including a program guide and standard term 
        sheet and specific timetables.'';
            (2) by redesignating subsections (c) through (l) as 
        subsections (d) through (m), respectively;
            (3) by striking ``(b) Assignment of Loan Guarantees.--'' 
        and inserting ``(c) Assignment of Loan Guarantees.--'';
            (4) in subsection (d), as redesignated--
                    (A) in paragraph (1), by striking ``; and'' and 
                inserting a semicolon;
                    (B) in paragraph (2), by striking the period at the 
                end and inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(3) the modification cost has been covered under section 
        502(f).''; and
            (5) by amending subsection (l), as redesignated, to read as 
        follows:
    ``(l) Charges and Loan Servicing.--
            ``(1) Purposes.--The Secretary may collect and spend from 
        each applicant, obligor, or loan party a reasonable charge 
        for--
                    ``(A) the cost of evaluating the application, 
                amendments, modifications, and waivers, including for 
                evaluating project viability, applicant 
                creditworthiness, and the appraisal of the value of the 
                equipment or facilities for which the direct loan or 
                loan guarantee is sought, and for making necessary 
                determinations and findings;
                    ``(B) the cost of award management and project 
                management oversight;
                    ``(C) the cost of services from expert firms, 
                including counsel, and independent financial advisors 
                to assist in the underwriting, auditing, servicing, and 
                exercise of rights with respect to direct loans and 
                loan guarantees; and
                    ``(D) the cost of all other expenses incurred as a 
                result of a breach of any term or condition or any 
                event of default on a direct loan or loan guarantee.
            ``(2) Standards.--The Secretary may charge different 
        amounts under this subsection based on the different costs 
        incurred under paragraph (1).
            ``(3) Servicer.--
                    ``(A) In general.--The Secretary may appoint a 
                financial entity to assist the Secretary in servicing a 
                direct loan or loan guarantee under this section.
                    ``(B) Duties.--A servicer appointed under 
                subparagraph (A) shall act as the agent of the 
                Secretary in serving a direct loan or loan guarantee 
                under this section.
                    ``(C) Fees.--A servicer appointed under 
                subparagraph (A) shall receive a servicing fee from the 
                obligor or other loan party, subject to approval by the 
                Secretary.
            ``(4) Use of other federal funds.--Notwithstanding any 
        other provision of law, an applicant may use grants under 
        chapter 244 of title 49, United States Code, to pay any charge 
        under this subsection.
            ``(5) Safety and operations account.--Amounts collected 
        under this subsection shall--
                    ``(A) be credited directly to the Safety and 
                Operations account of the Federal Railroad 
                Administration; and
                    ``(B) remain available until expended to pay for 
                the costs described in this subsection.''.

SEC. 606. LOAN TERMS AND REPAYMENT.

    (a) Prerequisites for Assistance.--Section 502(g)(1) (45 U.S.C. 
822(g)(1)) is amended by striking ``35 years from the date of its 
execution'' and inserting ``the lesser of 35 years after the date of 
substantial completion of the project or the estimated useful life of 
the rail equipment or facilities to be acquired, rehabilitated, 
improved, developed, or established''.
    (b) Repayment Schedules.--Section 502(j) (45 U.S.C. 822(j)) is 
amended--
            (1) in paragraph (1), by striking ``the sixth anniversary 
        date of the original loan disbursement'' and inserting ``5 
        years after the date of substantial completion''; and
            (2) by adding at the end the following:
            ``(3) Deferred payments.--
                    ``(A) In general.--If at any time after the date of 
                substantial completion the project is unable to 
                generate sufficient revenues to pay the scheduled loan 
                repayments of principal and interest on the direct 
                loan, the Secretary, subject to subparagraph (B), may 
                allow, for a maximum aggregate time of 1 year over the 
                duration of the direct loan, the obligor to add unpaid 
                principal and interest to the outstanding balance of 
                the direct loan.
                    ``(B) Interest.--A payment deferred under 
                subparagraph (A) shall--
                            ``(i) continue to accrue interest under 
                        paragraph (2) until the loan is fully repaid; 
                        and
                            ``(ii) be scheduled to be amortized over 
                        the remaining term of the loan.
            ``(4) Prepayments.--
                    ``(A) Use of excess revenues.--Any excess revenues 
                that remain after satisfying scheduled debt service 
                requirements on the project obligations and direct loan 
                and all deposit requirements under the terms of any 
                trust agreement, bond resolution, or similar agreement 
                securing project obligations may be applied annually to 
                prepay the direct loan without penalty.
                    ``(B) Use of proceeds of refinancing.--The direct 
                loan may be prepaid at any time without penalty from 
                the proceeds of refinancing from non-Federal funding 
                sources.''.
    (c) Sale of Direct Loans.--Section 502 (45 U.S.C. 822) is amended 
by adding at the end the following:
    ``(k) Sale of Direct Loans.--
            ``(1) In general.--Subject to paragraph (2) and as soon as 
        practicable after substantial completion of a project, the 
        Secretary, after notifying the obligor, may sell to another 
        entity or reoffer into the capital markets a direct loan for 
        the project if the Secretary determines that the sale or 
        reoffering has a high probability of being made on favorable 
        terms.
            ``(2) Consent of obligor.--In making a sale or reoffering 
        under paragraph (1), the Secretary may not change the original 
        terms and conditions of the secured loan without the prior 
        written consent of the obligor''.
    (d) Nonsubordination.--Section 502 (45 U.S.C. 822), as amended in 
subsection (c), is further amended by adding at the end the following:
    ``(l) Nonsubordination.--
            ``(1) In general.--Except as provided in paragraph (2)(B), 
        a direct loan shall not be subordinated to the claims of any 
        holder of project obligations in the event of bankruptcy, 
        insolvency, or liquidation of the obligor.
            ``(2) Preexisting indentures.--
                    ``(A) In general.--The Secretary may waive the 
                requirement under paragraph (1) for a public agency 
                borrower that is financing ongoing capital programs and 
                has outstanding senior bonds under a preexisting 
                indenture if--
                            ``(i) the direct loan is rated in the A 
                        category or higher;
                            ``(ii) the direct loan is secured and 
                        payable from pledged revenues not affected by 
                        project performance, such as a tax-based 
                        revenue pledge or a system-backed pledge of 
                        project revenues; and
                            ``(iii) the program share, under this 
                        title, of eligible project costs is 50 percent 
                        or less.
                    ``(B) Limitation.--The Secretary may impose 
                limitations for the waiver of the nonsubordination 
                requirement under this paragraph if the Secretary 
                determines that such limitations would be in the 
                financial interest of the Federal Government.''.

SEC. 607. CREDIT RISK PREMIUMS.

    Section 502(f) (45 U.S.C. 822(f)) is amended--
            (1) in paragraph (1), by amending the first sentence to 
        read as follows: ``In lieu of or in combination with 
        appropriations of budget authority to cover the costs of direct 
        loans and loan guarantees as required under section 504(b)(1) 
        of the Federal Credit Reform Act of 1990 (2 U.S.C. 661c(b)(1)), 
        including the cost of a modification thereof, the Secretary may 
        accept on behalf of an applicant for assistance under this 
        section a commitment from a non-Federal source, including a 
        State or local government or agency or public benefit 
        corporation or public authority thereof, to fund in whole or in 
        part credit risk premiums and modification costs with respect 
        to the loan that is the subject of the application or 
        modification.'';
            (2) in paragraph (2)--
                    (A) in subparagraph (D), by adding ``and'' after 
                the semicolon;
                    (B) by striking subparagraph (E); and
                    (C) by redesignating subparagraph (F) as 
                subparagraph (E);
            (3) by striking paragraph (4);
            (4) by redesignating paragraph (3) as paragraph (4);
            (5) by inserting after paragraph (2) the following:
            ``(3) Creditworthiness.--An applicant may propose and the 
        Secretary may accept as a basis for determining the amount of 
        the credit risk premium under paragraph (2) any of the 
        following in addition to the value of any tangible asset:
                    ``(A) The net present value of a future stream of 
                State or local subsidy income or other dedicated 
                revenues/revenue pledges to secure the direct loan or 
                loan guarantee.
                    ``(B) Adequate coverage requirements to ensure 
                repayment, on a non-recourse basis, from cash flows 
                generated by the project or any other dedicated revenue 
                source, including--
                            ``(i) tolls;
                            ``(ii) user fees; or
                            ``(iii) payments owing to the obligor under 
                        a public-private partnership.
                    ``(C) An investment-grade rating on the direct loan 
                or loan guarantee, as applicable, except that if the 
                total amount of the direct loan or loan guarantee is 
                greater than $75,000,000, the applicant shall have an 
                investment-grade rating from at least 2 rating agencies 
                on the direct loan or loan guarantee.'';
            (6) in paragraph (4), as redesignated, by striking 
        ``amounts'' and inserting ``amounts (and in the case of a 
        modification, before the modification is executed), to the 
        extent appropriations are not available to the Secretary to 
        meet the costs of direct loans and loan guarantees, including 
        costs of modifications thereof''; and
            (7) by adding at the end the following:
            ``(5) Use of other federal funds.--Notwithstanding any 
        other provision of law, an applicant may use grants under 
        chapter 244 of title 49, United States Code, to pay part or all 
        of a credit risk premium or modification cost under this 
        subsection.''.

SEC. 608. MASTER CREDIT AGREEMENTS.

    Section 502 (45 U.S.C. 822), as amended by subsections (c) and (d) 
of section 606 of this Act, is further amended by adding at the end the 
following:
    ``(m) Master Credit Agreements.--
            ``(1) In general.--Subject to section 502(d) and paragraph 
        (2) of this subsection, the Secretary may enter into a master 
        credit agreement that provides for all of the conditions for 
        the provision of a direct loan or loan guarantee, as 
        applicable, under this title and other applicable requirements 
        to be satisfied prior to the issuance of the direct loan or 
        loan guarantee.
            ``(2) Conditions.--Each master credit agreement shall--
                    ``(A) establish the maximum amount and general 
                terms and conditions of each applicable direct loan or 
                loan guarantee;
                    ``(B) identify 1 or more dedicated non-Federal 
                revenue sources that will secure the repayment of each 
                applicable direct loan or loan guarantee;
                    ``(C) provide for the obligation of funds for the 
                direct loans or loan guarantees after all requirements 
                have been met for the projects subject to the master 
                credit agreement; and
                    ``(D) provide 1 or more dates, as determined by the 
                Secretary, before which the master credit agreement 
                results in each of the direct loans or loan guarantees 
                or in the release of the master credit agreement.''.

SEC. 609. PRIORITIES AND CONDITIONS.

    (a) Priority Projects.--Section 502(c) (45 U.S.C. 822(c)) is 
amended--
            (1) in paragraph (1), by inserting ``, including projects 
        for the installation of a positive train control system (as 
        defined in section 20157(i) of title 49, United States Code)'' 
        after ``public safety'';
            (2) by redesignating paragraphs (2) and (3) as paragraphs 
        (3) and (2), respectively;
            (3) in paragraph (5), by inserting ``or chapter 227 of 
        title 49'' after ``section 135 of title 23'';
            (4) by redesignating paragraphs (6) through (8) as 
        paragraphs (7) through (9), respectively; and
            (5) by inserting after paragraph (5) the following:
            ``(6) improve railroad stations and passenger facilities 
        and increase transit-oriented development;''.
    (b) Conditions of Assistance.--Section 502(h) (45 U.S.C. 822(h)) is 
amended--
            (1) in paragraph (2), by inserting ``, if applicable'' 
        after ``project''; and
            (2) by adding at the end the following:
            ``(4) For a project described in subsection (b)(1)(E), the 
        Secretary shall require the applicant, obligor, or other loan 
        party, in addition to the interest required under subsection 
        (e), to provide the sponsor of the intercity passenger rail 
        service or its designee, a fee or payment in an amount 
        determined appropriate by the Secretary to provide an equitable 
        share of project revenue to support the capital or operating 
        costs of the routes serving the passenger rail station or 
        multimodal station where the development is located.''.

SEC. 610. SAVINGS PROVISION.

    (a) In General.--Except as provided in subsection (b), this Act, 
and the amendments made by this Act, shall not affect any direct loan 
(or direct loan obligation) or an outstanding loan guarantee (or loan 
guarantee commitment) that was in effect prior to the date of enactment 
of this Act. Any such transaction entered into before the date of 
enactment of this Act shall be administered until completion under its 
terms as if this Act were not enacted.
    (b) Modification Costs.--At the discretion of the Secretary, the 
authority to accept modification costs on behalf of an applicant under 
section 502(f) of the Railroad Revitalization and Regulatory Reform Act 
of 1976 (45 U.S.C. 822(f)), as amended by section 607 of this Act, may 
apply with respect to any direct loan (or direct loan obligation) or an 
outstanding loan guarantee (or loan guarantee commitment) that was in 
effect prior to the date of enactment of this Act.
                                 <all>
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