1156 
‘‘(1) Increase awareness of career opportunities 
in the transportation sector, including aviation pilots, 
safety inspectors, mechanics and technicians, mari-
time transportation workers, air traffic controllers, 
flight attendants, truck drivers, engineers, transit 
workers, railroad workers, and other transportation 
professionals. 
‘‘(2) Increase diversity, including race, gender, 
ethnicity, and socioeconomic status, of professionals 
in the transportation sector. 
‘‘(c) ADVERTISING.—The Secretary may use, or au-
thorize the use of, funds available to carry out the program 
for the development, production, and use of broadcast, dig-
ital, and print media advertising and outreach in carrying 
out campaigns under this section. 
‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—To carry 
out this section, there are authorized to be appropriated 
$5,000,000 for each fiscal years 2023 through 2026.’’. 
(b) CLERICAL AMENDMENT.—The table of sections for 
chapter 55 of subchapter I of title 49, United States Code, 
is further amended by inserting after the item relating to 
section 5507, as added by this Act, the following: 
‘‘5508. Transportation workforce outreach program.’’. 
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SEC. 5504. ADVISORY COUNCIL ON TRANSPORTATION STA-
TISTICS. 
Section 6305 of title 49, United States Code, is amend-
ed— 
(1) in subsection (a), by striking ‘‘The Director’’ 
and all that follows to the period and inserting ‘‘Not-
withstanding section 418 of the FAA Reauthorization 
Act of 2018 (Public Law 115–254), not later than 6 
months after the date of enactment of the INVEST in 
America Act, the Director shall establish and consult 
with an advisory council on transportation statis-
tics.’’; and 
(2) by striking subsection (d)(3). 
SEC. 5505. GAO REVIEW OF DISCRETIONARY GRANT PRO-
GRAMS. 
(a) IN GENERAL.—Not later than 2 years after the 
date of enactment of this Act, the Comptroller General of 
the United States shall submit to the Committee on Trans-
portation and Infrastructure of the House of Representa-
tives and the Committee on Environment and Public 
Works, the Committee on Banking, Housing, and Urban Af-
fairs, and the Committee on Commerce, Science, and Trans-
portation of the Senate a review of the extent to which the 
Secretary is considering the needs of and awarding funding 
through covered discretionary grant programs to projects 
that serve— 
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(1) low-income communities; 
(2) minority communities; and 
(3) populations that are underserved or have 
limited transportation choices. 
(b) RECOMMENDATIONS.—The Comptroller General 
shall include as part of the review under subsection (a) rec-
ommendations to the Secretary on possible means to im-
prove consideration of projects that serve the unique needs 
of communities described in subsection (a)(1). 
(c) DEFINITION OF COVERED DISCRETIONARY GRANT 
PROGRAM.—For purposes of this section, the term ‘‘covered 
discretionary grant programs’’ means the Projects of Na-
tional and Regional Significance program under section 
117 of title 23, the Community Transportation Investment 
Grant program under section 173 of such title, and the 
Community Climate Innovation Grant program under sec-
tion 172 of such title. 
TITLE VI—MULTIMODAL 
TRANSPORTATION 
SEC. 6001. NATIONAL MULTIMODAL FREIGHT POLICY. 
Section 70101(b) of title 49, United States Code, is 
amended— 
(1) in paragraph (2) by inserting ‘‘in rural and 
urban areas’’ after ‘‘freight transportation’’; 
(2) in paragraph (7)— 
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(A) in subparagraph (B) by striking ‘‘; 
and’’ and inserting a semicolon; 
(B) by redesignating subparagraph (C) as 
subparagraph (D); and 
(C) by inserting after subparagraph (B) the 
following: 
‘‘(C) travel within population centers; and’’; 
(3) in paragraph (9) by striking ‘‘; and’’ and in-
serting the following: ‘‘including— 
‘‘(A) greenhouse gas emissions; 
‘‘(B) local air pollution; 
‘‘(C) minimizing, capturing, or treating 
stormwater runoff or other adverse impacts to 
water quality; and 
‘‘(D) wildlife habitat loss;’’; 
(4) by redesignating paragraph (10) as para-
graph (11); and 
(5) by inserting after paragraph (9) the fol-
lowing: 
‘‘(10) to decrease any adverse impact of freight 
transportation on communities located near freight 
facilities or freight corridors; and’’. 
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SEC. 6002. NATIONAL FREIGHT STRATEGIC PLAN. 
Section 70102(c) of title 49, United States Code, is 
amended by striking ‘‘shall’’ and all that follows through 
the end and inserting the following: ‘‘shall— 
‘‘(1) update the plan and publish the updated 
plan on the public website of the Department of 
Transportation; and 
‘‘(2) include in the update described in para-
graph (1)— 
‘‘(A) each item described in subsection (b); 
and 
‘‘(B) best practices to reduce the adverse en-
vironmental impacts of freight-related— 
‘‘(i) greenhouse gas emissions; 
‘‘(ii) local air pollution; 
‘‘(iii) stormwater runoff or other ad-
verse impacts to water quality; and 
‘‘(iv) wildlife habitat loss.’’. 
SEC. 6003. NATIONAL MULTIMODAL FREIGHT NETWORK. 
Section 70103 of title 49, United States Code, is 
amended— 
(1) in subsection (b)(2)(C) by striking ‘‘of the 
United States that have’’ and inserting the following: 
‘‘of the United States that— 
‘‘(i) have a total annual value of cargo 
of at least $1,000,000,000, as identified by 
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United States Customs and Border Protec-
tion and reported by the Bureau of the Cen-
sus; or 
‘‘(ii) have’’; and 
(2) in subsection (c)— 
(A) in paragraph (1) by striking ‘‘Not later 
than 1 year after the date of enactment of this 
section,’’ and inserting the following: 
‘‘(A) REPORT
TO
CONGRESS.—Not later 
than 30 days after the date of enactment of the 
INVEST in America Act, the Secretary shall 
submit to the Committee on Transportation and 
Infrastructure of the House of Representatives 
and the Committee on Commerce, Science, and 
Transportation of the Senate a report detailing 
a plan to designate a final National Multimodal 
Freight Network, including a detailed summary 
of the resources within the Office of the Secretary 
that will be dedicated to carrying out such plan. 
‘‘(B) 
DESIGNATION
OF
NATIONAL 
MULTIMODAL
FREIGHT
NETWORK.—Not later 
than 60 days after the submission of the report 
described in subparagraph (A),’’; 
(B) in paragraph (3)(C)— 
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(i) by inserting ‘‘and metropolitan 
planning organizations’’ after ‘‘States’’; and 
(ii) by striking ‘‘paragraph (4)’’ and 
inserting ‘‘paragraphs (4) and (5)’’; 
(C) in paragraph (4)— 
(i) in the header by inserting ‘‘AND 
METROPOLITAN
PLANNING
ORGANIZATION’’ 
after ‘‘STATE’’; 
(ii) by redesignating subparagraph (D) 
as subparagraph (E); and 
(iii) by striking subparagraph (C) and 
inserting the following: 
‘‘(C) CRITICAL URBAN FREIGHT FACILITIES 
AND CORRIDORS.— 
‘‘(i) AREA
WITH
A
POPULATION
OF 
OVER 500,000.—In an urbanized area with a 
population of 500,000 or more individuals, 
the representative metropolitan planning 
organization, in consultation with the 
State, may designate a freight facility or 
corridor within the borders of the State as 
a critical urban freight facility or corridor. 
‘‘(ii) AREA
WITH
A
POPULATION
OF 
LESS THAN 500,000.—In an urbanized area 
with a population of less than 500,000 indi-
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viduals, the State, in consultation with the 
representative metropolitan planning orga-
nization, may designate a freight facility or 
corridor within the borders of the State as 
a critical urban freight corridor. 
‘‘(iii) DESIGNATION.—A designation 
may be made under subparagraph (i) or 
(ii) if the facility or corridor is in an ur-
banized area, regardless of population, and 
such facility or corridor— 
‘‘(I) provides access to the pri-
mary highway freight system, the 
Interstate system, or an intermodal 
freight facility; 
‘‘(II) is located within a corridor 
of a route on the primary highway 
freight system and provides an alter-
native option important to goods move-
ment; 
‘‘(III) serves a major freight gen-
erator, logistics center, or manufac-
turing and warehouse industrial land; 
‘‘(IV) connects to an international 
port of entry; 
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‘‘(V) provides access to a signifi-
cant air, rail, water, or other freight 
facility in the State; or 
‘‘(VI) is important to the move-
ment of freight within the region, as 
determined by the metropolitan plan-
ning organization or the State. 
‘‘(D) LIMITATION.—A State may propose 
additional 
designations 
to 
the 
National 
Multimodal Freight Network in the State in an 
amount that is— 
‘‘(i) for a highway project, not more 
than 20 percent of the total mileage des-
ignated by the Under Secretary in the 
State; and 
‘‘(ii) for a non-highway project, using 
a limitation determined by the Under Sec-
retary.’’; and 
(D) by adding at the end the following: 
‘‘(5) REQUIRED
NETWORK
COMPONENTS.—In 
designating or redesignating the National Multimodal 
Freight Network, the Under Secretary shall ensure 
that the National Multimodal Freight Network in-
cludes the components described in subsection (b)(2).’’. 
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SEC. 6004. STATE FREIGHT ADVISORY COMMITTEES. 
Section 70201(a) of title 49, United States Code, is 
amended by striking ‘‘and local governments’’ and inserting 
‘‘local governments, metropolitan planning organizations, 
and the departments with responsibility for environmental 
protection and air quality of the State’’. 
SEC. 6005. STATE FREIGHT PLANS. 
Section 70202(b) of title 49, United States Code, is 
amended— 
(1) in paragraph (3)(A) by inserting ‘‘and 
urban’’ after ‘‘rural’’; 
(2) in paragraph (9) by striking ‘‘; and’’ and in-
serting a semicolon; 
(3) by redesignating paragraph (10) as para-
graph (12); and 
(4) by inserting after paragraph (9) the fol-
lowing: 
‘‘(10) strategies and goals to decrease freight-re-
lated— 
‘‘(A) greenhouse gas emissions; 
‘‘(B) local air pollution; 
‘‘(C) stormwater runoff or other adverse im-
pacts to water quality; and 
‘‘(D) wildlife habitat loss; 
‘‘(11) strategies and goals to decrease any ad-
verse impact of freight transportation on communities 
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located near freight facilities or freight corridors; 
and’’. 
SEC. 6006. STUDY OF FREIGHT TRANSPORTATION FEE. 
(a) STUDY.—Not later than 90 days after the date of 
enactment of this Act, the Secretary of Transportation, in 
consultation with the Secretary of the Treasury and the 
Commissioner of the Internal Revenue Service, shall estab-
lish a joint task force to study the establishment and admin-
istration of a fee on multimodal freight surface transpor-
tation services. 
(b) CONTENTS.—The study required under subsection 
(a) shall include the following: 
(1) An estimation of the revenue that a fee of up 
to 1 percent on freight transportation services would 
raise. 
(2) An identification of the entities that would 
be subject to such a fee paid by the owners or sup-
pliers of cargo. 
(3) An analysis of the administrative capacity of 
Federal agencies and freight industry participants to 
collect such a fee and ensure compliance with fee re-
quirements. 
(4) Policy options to prevent avoidance of such 
a fee, including diversion of freight services to foreign 
countries. 
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(c) REPORT.—Not later than 1 year after the date of 
enactment of this Act, the Secretary of Transportation shall 
submit to the Committee on Transportation and Infrastruc-
ture and the Committee on Ways and Means of the House 
of Representatives and the Committee on Environment and 
Public Works and the Committee on Finance of the Senate 
the study required under subsection (a). 
SEC. 6007. NATIONAL SURFACE TRANSPORTATION AND IN-
NOVATIVE FINANCE BUREAU. 
Section 116 of title 49, United States Code, is amend-
ed— 
(1) in subsection (b) by striking paragraph (1) 
and inserting the following: 
‘‘(1) to provide assistance and communicate best 
practices and financing and funding opportunities to 
eligible entities for the programs referred to in sub-
section (d)(1), including by— 
‘‘(A) conducting proactive outreach to com-
munities located outside of metropolitan or 
micropolitan statistical areas (as such areas are 
defined by the Office of Management and Budg-
et) using data from the most recent decennial 
Census; and 
‘‘(B) coordinating with the Office of Rural 
Development of the Department of Agriculture, 
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the Office of Community Revitalization of the 
Environmental Protection Agency, and any 
other agencies that provide technical assistance 
for rural communities, as determined by the Ex-
ecutive Director;’’; 
(2) by redesignating subsection (j) as subsection 
(k); and 
(3) by inserting after subsection (i) the following: 
‘‘(j) ANNUAL PROGRESS REPORT.—Not later than 1 
year after the date of enactment of this subsection, and an-
nually thereafter, the Executive Director shall submit to the 
Committee on Transportation and Infrastructure of the 
House of Representatives and the Committee on Environ-
ment and Public Works of the Senate a report detailing— 
‘‘(1) the use of funds authorized under section 
605(f) of title 23; and 
‘‘(2) the progress of the Bureau in carrying out 
the purposes described in subsection (b).’’. 
SEC. 6008. TRANSPORTATION EQUITY ADVISORY COM-
MITTEE. 
(a) ESTABLISHMENT.— 
(1) IN GENERAL.—Not later than 120 days after 
the date of enactment of this Act, the Secretary of 
Transportation shall establish an advisory committee, 
to be known as the Transportation Equity Committee 
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(referred to in this section as the ‘‘Committee’’), re-
garding comprehensive and interdisciplinary issues 
related to transportation equity from a variety of 
stakeholders in transportation planning, design, re-
search, policy, and advocacy. 
(2) PURPOSE OF THE ADVISORY COMMITTEE.— 
The Committee established under paragraph (1) shall 
provide independent advice and recommendations to 
the Secretary on transportation equity, including de-
veloping a strategic plan with recommendations to 
the Secretary on national transportation metrics and 
the effect on such factors as economic development, 
connectivity, and public engagement. 
(b) DUTIES.—The Committee shall evaluate the work 
of the Department of Transportation in connecting people 
to economic and related forms of opportunity and revitalize 
communities in carrying out its strategic, research, techno-
logical, regulatory, community engagement, and economic 
policy activities related to transportation and opportunity. 
Decisions directly affecting implementation of transpor-
tation policy remain with the Secretary. 
(c) MEMBERSHIP.— 
(1) IN GENERAL.—The Secretary shall appoint 
an odd number of members of not less than 9 but not 
more than 15 members (with a quorum consisting of 
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a majority of members rounded up to the nearest odd 
number), to include balanced representation from 
academia, community groups, industry and business, 
non-governmental organizations, State and local gov-
ernments, federally recognized Tribal Governments, 
advocacy organizations, and indigenous groups with 
varying points of view. 
(2) BROAD
REPRESENTATION.—To the extent 
practicable, members of the Committee shall reflect a 
variety of backgrounds and experiences, geographic 
diversity, including urban, rural, tribal, territories, 
and underserved and marginalized communities 
throughout the country, and individuals with exper-
tise in related areas such as housing, health care, and 
the environment. 
(3) REPLACEMENT
FOR
NON-ACTIVE
MEMBERS 
.—The Secretary may remove a non-active member 
who misses 3 consecutive meetings and appoint a re-
placement to service for the period of time set forth 
in paragraph (5). 
(4) MEETINGS.—The Committee shall meet not 
less than 2 times each year with not more than 9 
months between meetings at a reasonable time, in a 
place accessible to the public, and in a room large 
enough to accommodate the Committee members, staff, 
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and reasonable number of interested members of the 
public. The room in which the Committee meets shall 
be large enough to accommodate at least 100 and 
shall be compliant with the Americans with Disabil-
ities Act of 1990 (42 U.S.C. 12101 et seq.). 
(5) TERM.—Each member of the Committee shall 
serve a 2-year term with not more than 2 consecutive 
term reappointments, but may continue service until 
a replacement is appointed. 
(6) SUPPORT.—The Office of the Under Sec-
retary for Policy of the Department of the Depart-
ment of Transportation shall provide necessary fund-
ing, logistics, and administrative support for the 
Committee. 
(d) APPLICATION OF FACA.—The Federal Advisory 
Committee Act (5 U.S.C. App.) shall apply to the Com-
mittee established under this section, with the exception of 
section 14 of such Act. 
SEC. 6009. SENSE OF CONGRESS. 
It is the sense of the Congress that walking, bicycling, 
and public transportation are complementary modes of 
transportation, and that pedestrian and bicycle pathways 
and related improvements within the right-of-way of public 
transportation are an appropriate use of the right-of-way 
for the benefit of the public, do not exceed the reasonable 
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title 49’’ inserting ‘‘and section 22905(a) of title 49, subject 
to the requirements of section 5320(o) of title 49,’’. 
(c) NON-FEDERAL SHARE.—Section 603(b) of title 23, 
United States Code, is amended by striking paragraph (8) 
and inserting the following: 
‘‘(8) NON-FEDERAL
SHARE.—Notwithstanding 
paragraph (9) and section 117(j)(2), the proceeds of 
a secured loan under the TIFIA program shall be con-
sidered to be part of the non-Federal share of project 
costs required under this title or chapter 53 of title 
49, if the loan is repayable from non-Federal funds.’’. 
(d) EXEMPTION OF FUNDS FROM TIFIA FEDERAL 
SHARE REQUIREMENT.—Section 603(b)(9) of title 23, 
United States Code, is amended by adding at the end the 
following: 
‘‘(C) TERRITORIES.—Funds provided for a 
territory under section 165(c) shall not be con-
sidered Federal assistance for purposes of sub-
paragraph (A).’’. 
(e) STREAMLINED APPLICATION PROCESS.—Section 
603(f) of title 23, United States Code, is amended by adding 
at the end the following: 
‘‘(3) ADDITIONAL TERMS FOR EXPEDITED DECI-
SIONS.— 
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‘‘(A) IN
GENERAL.—Not later than 120 
days after the date of enactment of this para-
graph, the Secretary shall implement an expe-
dited decision timeline for public agency bor-
rowers seeking secured loans that meet— 
‘‘(i) the terms under paragraph (2); 
and 
‘‘(ii) the additional criteria described 
in subparagraph (B). 
‘‘(B) ADDITIONAL
CRITERIA.—The addi-
tional criteria referred to in subparagraph 
(A)(ii) are the following: 
‘‘(i) The secured loan is made on terms 
and conditions that substantially conform 
to the conventional terms and conditions es-
tablished by the National Surface Transpor-
tation Innovative Finance Bureau. 
‘‘(ii) The secured loan is rated in the 
A category or higher. 
‘‘(iii) The TIFIA program share of eli-
gible project costs is 33 percent or less. 
‘‘(iv) The applicant demonstrates a 
reasonable expectation that the contracting 
process for the project can commence by not 
later than 90 days after the date on which 
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a Federal credit instrument is obligated for 
the project under the TIFIA program. 
‘‘(v) The project has received a categor-
ical exclusion, a finding of no significant 
impact, or a record of decision under the 
National Environmental Policy Act of 1969 
(42 U.S.C. 4321 et seq.). 
‘‘(C) WRITTEN
NOTICE.—The Secretary 
shall provide to an applicant seeking a secured 
loan under the expedited decision process under 
this paragraph a written notice informing the 
applicant whether the Secretary has approved or 
disapproved the application by not later than 
180 days after the date on which the Secretary 
submits to the applicant a letter indicating that 
the National Surface Transportation Innovative 
Finance Bureau has commenced the credit-
worthiness review of the project.’’. 
(f) ASSISTANCE
TO
SMALL
PROJECTS.—Section 
605(f)(1) of title 23, United States Code, is amended by 
striking ‘‘$2,000,000’’ and inserting ‘‘$3,000,000’’. 
(g) ADMINISTRATIVE FUNDS.—Section 608(a)(5) of 
title 23, United States Code, is amended by striking 
‘‘$6,875,000’’ and all that follows through the period and 
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inserting ‘‘2.5 percent for the administration of the TIFIA 
program.’’. 
(h) 
APPLICATION
PROCESS
REPORT.—Section 
609(b)(2)(A) of title 23, United States Code, is amended— 
(1) in clause (iv) by striking ‘‘and’’; 
(2) in clause (v) by striking the period at the 
end and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(vi) whether the project is located in 
a 
metropolitan 
statistical 
area, 
micropolitan statistical area, or neither (as 
such areas are defined by the Office of Man-
agement and Budget).’’. 
(i) STATUS REPORTS.—Section 609 of title 23, United 
States Code, is amended by adding at the end the following: 
‘‘(c) STATUS REPORTS.— 
‘‘(1) IN GENERAL.—The Secretary shall publish 
on the website for the TIFIA program— 
‘‘(A) on a monthly basis, a current status 
report on all submitted letters of interest and ap-
plications received for assistance under the 
TIFIA program; and 
‘‘(B) on a quarterly basis, a current status 
report on all approved applications for assist-
ance under the TIFIA program. 
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‘‘(2) INCLUSIONS.—Each monthly and quarterly 
status report under paragraph (1) shall include, at a 
minimum, with respect to each project included in the 
status report— 
‘‘(A) the name of the party submitting the 
letter of interest or application; 
‘‘(B) the name of the project; 
‘‘(C) the date on which the letter of interest 
or application was received; 
‘‘(D) the estimated project eligible costs; 
‘‘(E) the type of credit assistance sought; 
and 
‘‘(F) the anticipated fiscal year and quarter 
for closing of the credit assistance.’’. 
DIVISION C—HAZARDOUS 
MATERIALS TRANSPORTATION 
SEC. 8001. SHORT TITLE. 
This division may be cited as the ‘‘Improving Haz-
ardous Materials Safety Act of 2021’’. 
TITLE I—AUTHORIZATIONS 
SEC. 8101. AUTHORIZATION OF APPROPRIATIONS. 
Section 5128 of title 49, United States Code, is amend-
ed— 
(1) in subsection (a) by striking paragraphs (1) 
through (5) and inserting the following: 
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‘‘(1) $75,000,000 for fiscal year 2022; 
‘‘(2) $70,000,000 for fiscal year 2023; 
‘‘(3) $71,000,000 for fiscal year 2024; 
‘‘(4) $73,000,000 for fiscal year 2025; and 
‘‘(5) $74,000,000 for fiscal year 2026.’’; 
(2) in subsection (b)— 
(A) by striking ‘‘fiscal years 2016 through 
2020’’ and inserting ‘‘fiscal years 2022 through 
2026’’; 
(B) 
in 
paragraph 
(1) 
by 
striking 
‘‘$21,988,000’’ and inserting ‘‘$24,025,000’’; and 
(C) 
in 
paragraph 
(4) 
by 
striking 
‘‘$1,000,000’’ and inserting ‘‘$2,000,000’’; 
(3) in subsection (c) by striking ‘‘$4,000,000 for 
each of fiscal years 2016 through 2020’’ and inserting 
‘‘$5,000,000 for each of fiscal years 2022 through 
2026’’; 
(4) in subsection (d) by striking ‘‘$1,000,000 for 
each of fiscal years 2016 through 2020’’ and inserting 
‘‘$4,000,000 for each of fiscal years 2022 through 
2026’’; 
(5) by redesignating subsection (e) as subsection 
(f); and 
(6) by inserting after subsection (d) the fol-
lowing: 
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‘‘(e) ASSISTANCE
WITH
LOCAL
EMERGENCY
RE-
SPONDER TRAINING GRANTS.—From the Hazardous Mate-
rials Emergency Preparedness Fund established under sec-
tion 5116(h), the Secretary may expend $1,800,000 for each 
of fiscal years 2022 through 2026 to carry out the grant 
program under section 5107(j).’’. 
TITLE 
II—HAZARDOUS 
MATE-
RIALS SAFETY AND IMPROVE-
MENT 
SEC. 8201. REPEAL OF CERTAIN REQUIREMENTS RELATED 
TO LITHIUM CELLS AND BATTERIES. 
(a) REPEAL.—Section 828 of the FAA Modernization 
and Reform Act of 2012 (49 U.S.C. 44701 note), and the 
item relating to such section in the table of contents in sec-
tion 1(b) of such Act, are repealed. 
(b) CONFORMING AMENDMENTS.—Section 333 of the 
FAA Reauthorization Act of 2018 (49 U.S.C. 44701 note) 
is amended— 
(1) in subsection (a)— 
(A) in paragraph (1)— 
(i) by striking ‘‘(A) IN GENERAL.—’’ 
and all that follows through ‘‘the Secretary’’ 
and inserting ‘‘The Secretary’’; and 
(ii) by striking subparagraph (B); and 
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(B) in paragraph (2) by striking ‘‘Pursuant 
to section 828 of the FAA Modernization and Re-
form Act of 2012 (49 U.S.C. 44701 note), the 
Secretary’’ and inserting ‘‘The Secretary’’; 
(2) by striking paragraph (4) of subsection (b); 
and 
(3) by striking paragraph (1) of subsection (h) 
and inserting the following: 
‘‘(1) ICAO 
TECHNICAL
INSTRUCTIONS.—The 
term ‘ICAO Technical Instructions’ means the Inter-
national Civil Aviation Organization Technical In-
structions for the Safe Transport of Dangerous Goods 
by Air.’’. 
(c) LITHIUM BATTERY SAFETY EVALUATION AND RE-
PORT.— 
(1) IN GENERAL.—Not later than 120 days after 
the date of enactment of this Act, the Administrator 
of the Pipeline and Hazardous Materials Safety Ad-
ministration, in coordination with the Administrator 
of the Federal Aviation Administration, shall evaluate 
outstanding recommendations of the National Trans-
portation Safety Board regarding transportation of 
lithium batteries by air. 
(2) REPORT.—Not later than 180 days after the 
date of enactment of this Act, the Secretary of Trans-
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portation shall submit to the Committee on Transpor-
tation and Infrastructure of the House of Representa-
tives and the Committee on Commerce, Science, and 
Transportation of the Senate, a report on the evalua-
tion described in paragraph (1). 
SEC. 8202. TRANSPORTATION OF LIQUEFIED NATURAL GAS 
BY RAIL TANK CAR. 
(a) STAY OF AUTHORIZATION FOR TRANSPORTATION 
OF LIQUEFIED NATURAL GAS BY TANK CAR.— 
(1) IN
GENERAL.—Any regulation authorizing 
the transportation of liquefied natural gas by rail 
tank car issued before the date of enactment of this 
Act shall have no force or effect until— 
(A) the Secretary of Transportation con-
ducts the evaluation, testing, and analysis re-
quired in subsections (b), (c), and (d); 
(B) the Secretary issues the report required 
by subsection (e); 
(C) the Comptroller General of the United 
States completes the evaluation and report re-
quired under subsection (g); and 
(D) the Secretary issues a final rule updat-
ing the regulation described in this paragraph 
that incorporates the additional data, research, 
and analysis required under this section. 
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(2) PERMIT OR APPROVAL.—The Secretary shall 
rescind any special permit or approval for the trans-
portation of liquefied natural gas by rail tank car 
issued before the date of enactment of this Act. 
(b) EVALUATION.—Not later than 120 days after the 
date of enactment of this Act, the Administrator of the Pipe-
line and Hazardous Materials Safety Administration, in 
coordination with the Administrator of the Federal Rail-
road Administration, shall initiate an evaluation of the 
safety, security, and environmental risks of transporting 
liquefied natural gas by rail. 
(c) TESTING.—In conducting the evaluation under 
subsection (a), the Administrator of the Pipeline and Haz-
ardous Materials Safety shall— 
(1) perform physical testing of rail tank cars, in-
cluding, at a minimum, the DOT–113C120–W9 speci-
fication, to evaluate the performance of such rail tank 
cars in the event of an accident or derailment, includ-
ing evaluation of the extent to which design and con-
struction features such as steel thickness and valve 
protections prevent or mitigate the release of liquefied 
natural gas; 
(2) analyze multiple release scenarios, including 
derailments, front-end collisions, rear-end collisions, 
side-impact collisions, grade-crossing collisions, punc-
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tures, and impact of an incendiary device, at a min-
imum of three speeds of travel with a sufficient range 
of speeds to evaluate the safety, security, and environ-
mental risks posed under real-world operating condi-
tions; and 
(3) examine the effects of exposure to climate 
conditions across rail networks, including tempera-
ture, humidity, and any other factors that the Ad-
ministrator of the Federal Railroad Administration 
determines could influence performance of rail tank 
cars and components of such rail tank cars. 
(d) OTHER FACTORS TO CONSIDER.—In conducting 
the evaluation under subsection (b), the Administrator of 
the Pipeline and Hazardous Materials Safety shall evaluate 
the impact of a discharge of liquefied natural gas from a 
rail tank car on public safety and the environment, and 
consider— 
(1) the safety benefits of route restrictions, speed 
restrictions, enhanced brake requirements, personnel 
requirements, rail tank car technological require-
ments, and other operating controls; 
(2) the inclusion of consist restrictions, including 
limitations on the arrangement and quantity of rail 
tank cars carrying liquefied natural gas in any given 
consist; 
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(3) the identification of potential impact areas, 
and the number of homes and structures potentially 
endangered by a discharge in rural, suburban, and 
urban environments; 
(4) the impact of discharge on the environment, 
including air quality impacts; 
(5) the benefits of advanced notification to the 
Department of Transportation, State Emergency Re-
sponse Commissions, and Tribal Emergency Response 
Commissions of routes for moving liquefied natural 
gas by rail tank car; 
(6) how first responders respond to an incident, 
including the extent to which specialized equipment 
or training would be required and the cost to commu-
nities for acquiring any necessary equipment or 
training; 
(7) whether thermal radiation could occur from 
a discharge; 
(8) an evaluation of the rail tank car authorized 
by the Secretary of Transportation for liquefied nat-
ural gas or similar cryogenic liquids, and a deter-
mination of whether specific safety enhancements or 
new standards are necessary to ensure the safety of 
rail transport of liquefied natural gas; and 
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(9) the risks posed by the transportation of lique-
fied natural gas by International Organization for 
Standardization containers authorized by the Federal 
Railroad Administration. 
(e) REPORT.—Not later than 2 years after the date of 
enactment of this Act, the Secretary of Transportation shall 
submit to the Committee on Transportation and Infrastruc-
ture of the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate, and 
make available to the public— 
(1) a report based on the evaluation and testing 
conducted under subsections (b) and (c), which shall 
include the results of the evaluation and testing and 
recommendations for mitigating or eliminating the 
safety, security, environmental, and other risks of an 
accident or incident involving the transportation of 
liquefied natural gas by rail; and 
(2) a complete list of all research related to the 
transportation of liquefied natural gas by rail con-
ducted by the Federal Railroad Administration, the 
Pipeline and Hazardous Materials Safety Adminis-
tration, or any other entity of the Federal Govern-
ment since 2010 that includes, for each research 
item— 
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(A) the title of any reports or studies pro-
duced with respect to the research; 
(B) the agency, entity, or organization per-
forming the research; 
(C) the names of all authors and co-authors 
of any report or study produced with respect to 
the research; and 
(D) the date any related report was pub-
lished or is expected to publish. 
(f) DATA COLLECTION.—The Administrator of the 
Federal Railroad Administration and the Administrator of 
the Pipeline and Hazardous Materials Safety Administra-
tion shall collect any relevant data or records necessary to 
complete the evaluation required by subsection (b). 
(g) GAO REPORT.—After the evaluation required by 
subsection (b) has been completed, the Comptroller General 
shall conduct an independent evaluation to verify that the 
Federal Railroad Administration and the Pipeline and 
Hazardous Materials Safety Administration complied with 
the requirements of this Act, and transmit to the Committee 
on Transportation and Infrastructure of the House of Rep-
resentatives and the Committee on Commerce, Science, and 
Transportation of the Senate a report on the findings of 
such independent evaluation. 
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(h) FUNDING.—From the amounts made available for 
fiscal year 2022 under section 5128(a) of title 49, United 
States Code, the Secretary shall expend not less than 
$4,000,000 and not more than $6,000,000 to carry out the 
evaluation under subsection (a). 
SEC. 8203. HAZARDOUS MATERIALS TRAINING REQUIRE-
MENTS AND GRANTS. 
Section 5107 of title 49, United States Code, is amend-
ed by adding at the end the following: 
‘‘(j) ASSISTANCE
WITH
LOCAL
EMERGENCY
RE-
SPONDER TRAINING.—The Secretary shall establish a pro-
gram to make grants, on a competitive basis, to nonprofit 
organizations to develop hazardous materials response 
training for emergency responders and make such training 
available electronically or in person.’’. 
SEC. 8204. LITHIUM BATTERY APPROVAL. 
(a) IN GENERAL.—Chapter 51 of title 49, United 
States Code, is amended by adding at the end the following: 
‘‘§ 5129. Lithium battery approval 
‘‘(a) APPROVAL TO TRANSPORT CERTAIN BATTERIES 
IN COMMERCE.—A person may not transport in commerce 
a specified lithium battery that is determined by the Sec-
retary to be a high safety or security risk unless— 
‘‘(1) the manufacturer of such battery receives an 
approval from the Secretary; and 
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‘‘(2) the manufacture of such battery meets the 
requirements of this section and the regulations issued 
under subsection (d). 
‘‘(b) TERM OF APPROVAL.—An approval granted to a 
manufacturer under this section shall not exceed 5 years. 
‘‘(c) APPROVAL PROCESS.—To receive an approval for 
a specified lithium battery under this section, a manufac-
turer shall— 
‘‘(1) allow the Secretary, or an entity designated 
by the Secretary, to inspect the applicant’s manufac-
turing process and procedures; 
‘‘(2) bear the cost of any inspection carried out 
under paragraph (1); and 
‘‘(3) develop and implement, with respect to the 
manufacture of such battery— 
‘‘(A) a comprehensive quality management 
program; and 
‘‘(B) appropriate product identification, 
marking, documentation, lifespan, and tracking 
measures. 
‘‘(d) REGULATIONS REQUIRED.—Not later than 2 
years after the date of enactment of this section, the Sec-
retary shall issue regulations to carry out this section. Such 
regulations shall include— 
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‘‘(1) parameters for, and a process for receiving, 
an approval under this section; and 
‘‘(2) a determination of the types of specified 
lithium batteries that pose a high safety or security 
risk in transport, including battery or cell type, size, 
and energy storage capacity. 
‘‘(e) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed— 
‘‘(1) to affect any provision, limitation, or prohi-
bition with respect to the transportation of a specified 
lithium battery in effect as of the date of enactment 
of this section; or 
‘‘(2) to authorize transportation of any such bat-
tery if such transportation is not already authorized 
as of the date of enactment of this section. 
‘‘(f) SPECIFIED LITHIUM BATTERY DEFINED.—In this 
section, the term ‘specified lithium battery’ means— 
‘‘(1) a lithium ion cell or battery; or 
‘‘(2) a lithium metal cell or battery.’’. 
(b) CLERICAL AMENDMENT.—The analysis for chapter 
51 of title 49, United States Code, is amended by adding 
at the end the following: 
‘‘5129. Lithium battery approval.’’. 
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DIVISION D—RAIL 
SEC. 9001. SHORT TITLE. 
This division may be cited as the ‘‘Transforming Rail 
by Accelerating Investment Nationwide Act’’ or the 
‘‘TRAIN Act’’. 
TITLE I—AUTHORIZATIONS 
SEC. 9101. AUTHORIZATION OF APPROPRIATIONS. 
(a) AUTHORIZATION OF GRANTS TO AMTRAK.— 
(1) NORTHEAST CORRIDOR.—There are author-
ized to be appropriated to the Secretary of Transpor-
tation for the use of Amtrak for activities associated 
with the Northeast Corridor the following amounts: 
(A) For fiscal year 2022, $2,500,000,000. 
(B) For fiscal year 2023, $2,600,000,000. 
(C) For fiscal year 2024, $2,700,000,000. 
(D) For fiscal year 2025, $2,800,000,000. 
(E) For fiscal year 2026, $2,900,000,000. 
(2) NATIONAL NETWORK.—There are authorized 
to be appropriated to the Secretary for the use of Am-
trak for activities associated with the National Net-
work the following amounts: 
(A) For fiscal year 2022, $3,500,000,000. 
(B) For fiscal year 2023, $3,600,000,000. 
(C) For fiscal year 2024, $3,700,000,000. 
(D) For fiscal year 2025, $3,800,000,000. 
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(E) For fiscal year 2026, $3,900,000,000. 
(b) PROJECT MANAGEMENT OVERSIGHT.—The Sec-
retary may withhold up to one-half of one percent annually 
from the amounts made available under subsection (a) for 
oversight. 
(c) AMTRAK COMMON BENEFIT COSTS FOR STATE- 
SUPPORTED ROUTES.— For fiscal year 2022, if funds are 
made available under subsection (a)(2) in excess of the 
amounts authorized for fiscal year 2020 under section 
11101(b) of the FAST Act (Public Law 114–94), Amtrak 
shall use up to $250,000,000 of the excess funds to defray 
the share of operating costs of Amtrak’s national assets (as 
such term is defined in section 24320(c)(5) of title 49, 
United States Code) and corporate services (as such term 
is defined pursuant to section 24317(b) of title 49, United 
States Code) that is allocated to the State-supported serv-
ices. After the update of the cost methodology policy re-
quired under section 24712(a)(7)(B) of title 49, United 
States Code, is implemented, there are authorized to be ap-
propriated to the Secretary for the use of Amtrak such sums 
as may be necessary for each of the fiscal years 2023 
through 2026 for the implementation of the updated policy. 
(d) STATE-SUPPORTED ROUTE COMMITTEE.—Of the 
funds made available under subsection (a)(2), the Secretary 
may make available up to $4,000,000 for each fiscal year 
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for the State-Supported Route Committee established under 
section 24712 of title 49, United States Code. 
(e) NORTHEAST
CORRIDOR
COMMISSION.—Of the 
funds made available under subsection (a)(1), the Secretary 
may make available up to $6,000,000 for each fiscal year 
for the Northeast Corridor Commission established under 
section 24905 of title 49, United States Code. 
(f) AUTHORIZATION OF APPROPRIATIONS FOR AMTRAK 
OFFICE OF INSPECTOR GENERAL.—There are authorized to 
be appropriated to the Office of Inspector General of Am-
trak the following amounts: 
(1) For fiscal year 2022, $26,500,000. 
(2) For fiscal year 2023, $27,000,000. 
(3) For fiscal year 2024, $27,500,000. 
(4) For fiscal year 2025, $28,000,000. 
(5) For fiscal year 2026, $28,500,000. 
(g) PASSENGER RAIL IMPROVEMENT, MODERNIZA-
TION, AND EXPANSION GRANTS.— 
(1) There are authorized to be appropriated to 
the Secretary to carry out section 22906 of title 49, 
United States Code, the following amounts: 
(A) For fiscal year 2022, $4,800,000,000. 
(B) For fiscal year 2023, $4,900,000,000. 
(C) For fiscal year 2024, $5,000,000,000. 
(D) For fiscal year 2025, $5,100,000,000. 
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(E) For fiscal year 2026, $5,200,000,000. 
(2) PROJECT
MANAGEMENT
OVERSIGHT.—The 
Secretary may withhold up to 1 percent of the total 
amount appropriated under paragraph (1) for the 
costs of program management oversight, including 
providing technical assistance and project planning 
guidance, of grants carried out under section 22906 
of title 49, United States Code. 
(3) HIGH-SPEED RAIL CORRIDOR PLANNING.— 
The Secretary shall withhold at least 4 percent of 
funding in paragraph (1) for the purposes described 
in section 22906(a)(1)(B) of title 49, United States 
Code. Any funds withheld by this paragraph that re-
main unobligated at the end of the fiscal year fol-
lowing the fiscal year in which such funds are made 
available may be used for any eligible project under 
section 22906 of such title. 
(h) CONSOLIDATED RAIL INFRASTRUCTURE AND SAFE-
TY IMPROVEMENTS.— 
(1) IN GENERAL.—There are authorized to be ap-
propriated to the Secretary to carry out section 22907 
of title 49, United States Code, the following amounts: 
(A) For fiscal year 2022, $1,200,000,000. 
(B) For fiscal year 2023, $1,300,000,000. 
(C) For fiscal year 2024, $1,400,000,000. 
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(D) For fiscal year 2025, $1,500,000,000. 
(E) For fiscal year 2026, $1,600,000,000. 
(2) PROJECT
MANAGEMENT
OVERSIGHT.—The 
Secretary may withhold up to 2 percent of the total 
amount appropriated under paragraph (1) for the 
costs of program management oversight, including 
providing technical assistance and project planning 
guidance, of grants carried out under section 22907 
of title 49, United States Code. 
(3) RAIL SAFETY PUBLIC AWARENESS.—Of the 
amounts made available under paragraph (1), the 
Secretary may make available up to $5,000,000 for 
each of fiscal years 2022 through 2026 to make grants 
under section 22907(o) of title 49, United States 
Code. 
(4) RAILROAD TRESPASSING ENFORCEMENT.—Of 
the amounts made available under paragraph (1), the 
Secretary may make available up to $250,000 for 
each of fiscal years 2022 through 2026 to make grants 
under section 22907(p) of title 49, United States 
Code. 
(5) RAILROAD
TRESPASSING
SUICIDE
PREVEN-
TION.—Of the amounts made available under para-
graph (1), the Secretary may make available up to 
$1,000,000 for each of fiscal years 2022 through 2026 
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to make grants under section 22907(q) of title 49, 
United States Code. 
(i) BRIDGES, STATIONS, AND TUNNELS GRANTS.— 
(1) IN GENERAL.—There are authorized to be ap-
propriated to the Secretary to carry out section 22909 
of title 49, United States Code, the following amounts: 
(A) For fiscal year 2022, $4,800,000,000. 
(B) For fiscal year 2023, $4,900,000,000. 
(C) For fiscal year 2024, $5,000,000,000. 
(D) For fiscal year 2025, $5,100,000,000. 
(E) For fiscal year 2026, $5,200,000,000. 
(2) PROJECT
MANAGEMENT
OVERSIGHT.—The 
Secretary may withhold up to one half of 1 percent 
of the total amount appropriated under paragraph 
(1) for the costs of program management oversight, 
including providing technical assistance and project 
planning guidance, of grants carried out under sec-
tion 22909 of title 49, United States Code. 
(j) RAILROAD REHABILITATION
AND IMPROVEMENT 
FINANCING.— 
(1) IN GENERAL.—There are authorized to be ap-
propriated to the Secretary for payment of credit risk 
premiums in accordance with section 502(f)(1) of the 
Railroad Revitalization and Regulatory Reform Act 
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of 1976 (45 U.S.C. 822(f)(1)) the following amounts, 
to remain available until expended: 
(A) For fiscal year 2022, $160,000,000. 
(B) For fiscal year 2023, $170,000,000. 
(C) For fiscal year 2024, $180,000,000. 
(D) For fiscal year 2025, $190,000,000. 
(E) For fiscal year 2026, $200,000,000. 
(2) REFUND OF PREMIUM.—There are authorized 
to be appropriated to the Secretary $70,000,000 to 
repay the credit risk premium under section 502 of 
the Railroad Revitalization and Regulatory Reform 
Act of 1976 (45 U.S.C. 822) for each loan in cohort 
3, as defined by the memorandum to the Office of 
Management and Budget of the Department of Trans-
portation dated November 5, 2018, with interest ac-
crued thereon, not later than 60 days after the date 
on which all obligations attached to each such loan 
have been satisfied. For each such loan for which obli-
gations have been satisfied as of the date of enactment 
of this Act, the Secretary shall repay the credit risk 
premium of each such loan, with interest accrued 
thereon, not later than 60 days after the date of the 
enactment of this Act. 
(k) RESTORATION AND ENHANCEMENT GRANTS.— 
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guidance, of grants carried out under section 22912 
of title 49, United States Code. 
(m) AUTHORIZATION
OF APPROPRIATIONS
TO
THE 
FEDERAL RAILROAD ADMINISTRATION.—Section 20117 of 
title 49, United States Code, is amended to read as follows: 
‘‘§ 20117. Authorization of appropriations 
‘‘(a) SAFETY AND OPERATIONS.— 
‘‘(1) IN GENERAL.—There are authorized to be 
appropriated to the Secretary of Transportation for 
the operations of the Federal Railroad Administra-
tion and to carry out railroad safety activities au-
thorized or delegated to the Administrator— 
‘‘(A) $290,500,000 for fiscal year 2022; 
‘‘(B) $303,300,000 for fiscal year 2023; 
‘‘(C) $316,100,000 for fiscal year 2024; 
‘‘(D) $324,400,000 for fiscal year 2025; and 
‘‘(E) $332,900,000 for fiscal year 2026. 
‘‘(2) AUTOMATED TRACK INSPECTION PROGRAM 
AND DATA ANALYSIS.—From the funds made available 
under paragraph (1) for each of fiscal years 2022 
through 2026, not more than $17,000,000 may be ex-
pended for the Automated Track Inspection Program 
and data analysis related to track inspection. Such 
funds shall remain available until expended. 
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‘‘(3) STATE PARTICIPATION GRANTS.—Amounts 
made available under paragraph (1) for grants under 
section 20105(e) shall remain available until ex-
pended. 
‘‘(4) REGIONAL PLANNING GUIDANCE.—The Sec-
retary may withhold up to $20,000,000 from the 
amounts made available for each fiscal year under 
paragraph (1) to facilitate and provide guidance for 
regional planning processes, including not more than 
$500,000 annually for each interstate rail compact. 
‘‘(5) RAILROAD SAFETY INSPECTORS.— 
‘‘(A) IN GENERAL.—The Secretary shall en-
sure that the number of full-time equivalent rail-
road safety inspection personnel employed by the 
Office of Railroad Safety of the Federal Railroad 
Administration does not fall below the following: 
‘‘(i) 379 for fiscal year 2022; 
‘‘(ii) 403 for fiscal year 2023; 
‘‘(iii) 422 for fiscal year 2024; 
‘‘(iv) 424 for fiscal year 2025; and 
‘‘(v) 426 for fiscal year 2026. 
‘‘(B) 
CONSIDERATION.—In 
meeting 
the 
minimum railroad safety inspector levels under 
subparagraph (A), the Secretary shall consider 
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the ability of railroad safety inspectors to ana-
lyze railroad safety data. 
‘‘(C) FUNDING.—From the amounts made 
available to the Secretary under subsection 
(a)(1), the Secretary shall use the following 
amounts to carry out subparagraph (A): 
‘‘(i) $3,244,104 for fiscal year 2022. 
‘‘(ii) $6,488,208 for fiscal year 2023. 
‘‘(iii) $9,056,457 for fiscal year 2024. 
‘‘(iv) $9,326,799 for fiscal year 2025. 
‘‘(v) $9,597,141 for fiscal year 2026. 
‘‘(6) OTHER SAFETY PERSONNEL.— 
‘‘(A) INCREASE
IN
NUMBER
OF
SUPPORT 
EMPLOYEES.—The Secretary shall, for each of 
fiscal years 2022 and 2023, increase by 10 the 
total number of full-time equivalent employees 
working as specialists, engineers, or analysts in 
the field supporting inspectors compared to the 
number of such employees employed in the pre-
vious fiscal year. 
‘‘(B) FUNDING.—From the amounts made 
available to the Secretary under subsection 
(a)(1), the Secretary shall use the following 
amounts to carry out subparagraph (A): 
‘‘(i) $1,631,380 for fiscal year 2022. 
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‘‘(ii) $3,262,760 for fiscal year 2023. 
‘‘(iii) $3,262,760 for fiscal year 2024. 
‘‘(iv) $3,262,760 for fiscal year 2025. 
‘‘(v) $3,262,760 for fiscal year 2026. 
‘‘(b) RAILROAD RESEARCH AND DEVELOPMENT.— 
‘‘(1) AUTHORIZATION
OF
APPROPRIATIONS.— 
There are authorized to be appropriated to the Sec-
retary of Transportation for necessary expenses for 
carrying out railroad research and development ac-
tivities the following amounts which shall remain 
available until expended: 
‘‘(A) $67,000,000 for fiscal year 2022. 
‘‘(B) $69,000,000 for fiscal year 2023. 
‘‘(C) $71,000,000 for fiscal year 2024. 
‘‘(D) $73,000,000 for fiscal year 2025. 
‘‘(E) $75,000,000 for fiscal year 2026. 
‘‘(2) SHORT LINE SAFETY.—From funds made 
available under paragraph (1) for each of fiscal years 
2022 through 2026, the Secretary may expend not 
more than $4,000,000— 
‘‘(A) for grants to improve safety practices 
and training for Class II and Class III freight, 
commuter, and intercity passenger railroads; 
and 
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‘‘(B) to develop safety management systems 
for Class II and Class III freight, commuter, and 
intercity passenger railroads through the contin-
ued development of safety culture assessments, 
transportation emergency response plans, train-
ing and education, outreach activities, best prac-
tices for trespassing prevention and employee 
trauma response, and technical assistance. 
‘‘(3) UNIVERSITY RAIL CLIMATE INNOVATION IN-
STITUTE.— 
‘‘(A) IN GENERAL.—Of the amounts made 
available under paragraph (1), the Secretary 
may make available up to $20,000,000 for each 
of fiscal years 2022 through 2026 to establish the 
University Rail Climate Innovation Institute 
under section 22913. 
‘‘(B) PROJECT MANAGEMENT OVERSIGHT.— 
The Secretary may withhold up to 1 percent 
from the total amounts appropriated under sub-
paragraph (A) for the costs of project manage-
ment oversight of the grant carried out under 
section 22913. 
‘‘(4) SUICIDE
PREVENTION
RESEARCH
FUND-
ING.—From funds made available under paragraph 
(1) for each of fiscal years 2022 through 2026, the 
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Secretary 
may 
make 
available 
not 
less 
than 
$1,000,000 for human factors research undertaken by 
the Federal Railroad Administration, including sui-
cide countermeasure evaluation, data exploration and 
quality improvement, and other initiatives as appro-
priate.’’. 
(n) LIMITATION
ON
FINANCIAL
ASSISTANCE
FOR 
STATE-OWNED ENTERPRISES.— 
(1) IN
GENERAL.—Funds provided under this 
section and the amendments made by this section 
may not be used in awarding a contract, subcontract, 
grant, or loan to an entity that is owned or controlled 
by, is a subsidiary of, or is otherwise related legally 
or financially to a corporation based in a country 
that— 
(A) is identified as a nonmarket economy 
country (as defined in section 771(18) of the 
Tariff Act of 1930 (19 U.S.C. 1677(18))) as of 
the date of enactment of this Act; 
(B) was identified by the United States 
Trade Representative in the most recent report 
required by section 182 of the Trade Act of 1974 
(19 U.S.C. 2242) as a priority foreign country 
under subsection (a)(2) of that section; and 
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(C) is subject to monitoring by the Trade 
Representative under section 306 of the Trade 
Act of 1974 (19 U.S.C. 2416). 
(2) EXCEPTION.—For purposes of paragraph (1), 
the term ‘‘otherwise related legally or financially’’ 
does not include a minority relationship or invest-
ment. 
(3) INTERNATIONAL
AGREEMENTS.—This sub-
section shall be applied in a manner consistent with 
the obligations of the United States under inter-
national agreements. 
(o) RAIL TRUST FUND.— 
(1) IN GENERAL.— 
(A) FUNDING.—Beginning on the date on 
which a rail trust fund is established, any 
amounts made available under subsections (a), 
(g), (h), (i), (j)(1), (k), and (l) shall be derived 
from such fund. 
(B) RAIL TRUST FUND DEFINED.—In this 
subsection, the term ‘‘rail trust fund’’ means a 
trust fund established under the Internal Rev-
enue Code of 1986 for making certain expendi-
tures for the benefit of rail and for crediting cer-
tain taxes and penalties collected relating to rail. 
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(2) SENSE OF COMMITTEE ON NEED FOR RAIL 
TRUST FUND.—The following is the sense of the Com-
mittee on Transportation and Infrastructure of the 
House of Representatives: 
(A) There is a discrepancy in historical 
Federal investment between highways, aviation, 
and intercity passenger rail. Between 1949 and 
2017, the Federal Government invested more 
than $2 trillion in our nation’s highways and 
over $777 billion in aviation. The Federal Gov-
ernment has invested $96 billion in intercity 
passenger rail, beginning in 1971 with the cre-
ation of the National Railroad Passenger Cor-
poration. Intercity passenger rail Federal invest-
ment is only 12 percent of Federal aviation in-
vestment and less than 5 percent of Federal high-
way investment. 
(B) Congress has recognized the value and 
importance of a predictable, dedicated funding 
source through a trust fund for all other modes 
of transportation including for aviation, high-
ways, transit, and waterways. The Highway 
Trust Fund was created in 1956. The Airport 
and Aviation Trust Fund was created in 1970. 
The Inland Waterways Trust Fund was created 
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in 1978. Mass transit was added to the Highway 
Trust Fund in 1983. The Harbor Maintenance 
Trust Fund was created in 1986. With regard to 
Federal transportation investment, only intercity 
passenger and freight rail do not have a predict-
able, dedicated funding source through a trust 
fund. 
(C) The Federal Railroad Administration 
has identified more than $300 billion worth of 
investment needed to develop both high-speed and 
higher speed intercity passenger rail corridors 
around the United States. In addition, a Federal 
Railroad Administration report from 2014 found 
that shortline and regional railroads need $7 bil-
lion of investment. The Northeast Corridor has a 
$40 billion state of good repair backlog. 
(D) A rail trust fund would provide a pre-
dictable, dedicated funding source to high-speed 
and intercity passenger rail projects and for the 
public benefits of shortline and regional railroad 
freight rail projects. A trust fund provides essen-
tial longer term funding certainty to allow the 
United States to develop quality intercity pas-
senger rail service in corridors across the coun-
try, eliminate the state of good repair backlog on 
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the Northeast Corridor, allow for accessible 
equipment and stations for passengers with dis-
abilities, move more freight on rail, redevelop an 
American passenger rail car manufacturing 
base, create good paying, middle class jobs, and 
reduce our nation’s transportation carbon emis-
sions. 
SEC. 9102. PASSENGER RAIL IMPROVEMENT, MODERNIZA-
TION, AND EXPANSION GRANTS. 
(a) IN GENERAL.—Section 22906 of title 49, United 
States Code, is amended to read as follows: 
‘‘§ 22906. Passenger rail improvement, modernization, 
and expansion grants 
‘‘(a) IN GENERAL.— 
‘‘(1) ESTABLISHMENT.—The Secretary of Trans-
portation shall establish a program to make grants to 
eligible applicants for— 
‘‘(A) capital projects that— 
‘‘(i) provide high-speed rail or inter-
city rail passenger transportation; 
‘‘(ii) improve high-speed rail or inter-
city rail passenger performance, including 
congestion mitigation, reliability improve-
ments, achievement of on-time performance 
standards established under section 207 of 
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the Rail Safety Improvement Act of 2008 
(49 U.S.C. 24101 note), reduced trip times, 
increased train frequencies, higher oper-
ating speeds, electrification, and other im-
provements, as determined by the Secretary; 
and 
‘‘(iii) expand or establish high-speed 
rail or intercity rail passenger transpor-
tation and facilities; or 
‘‘(B) corridor planning activities for high- 
speed rail described in section 26101(b). 
‘‘(2) PURPOSES.—Grants under this section shall 
be for projects that improve mobility, operational per-
formance, or growth of high-speed rail or intercity 
rail passenger transportation. 
‘‘(b) DEFINITIONS.—In this section: 
‘‘(1) ELIGIBLE APPLICANT.—The term ‘eligible 
applicant’ means— 
‘‘(A) a State; 
‘‘(B) a group of States; 
‘‘(C) an Interstate Compact; 
‘‘(D) a public agency or publicly chartered 
authority established by 1 or more States; 
‘‘(E) a political subdivision of a State; 
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‘‘(F) Amtrak, acting on its own behalf or 
under a cooperative agreement with 1 or more 
States; or 
‘‘(G) an Indian Tribe. 
‘‘(2) CAPITAL
PROJECT.—The term ‘capital 
project’ means— 
‘‘(A) a project or program for acquiring, 
constructing, or improving— 
‘‘(i) passenger rolling stock; 
‘‘(ii) infrastructure assets, including 
tunnels, bridges, stations, track and track 
structures, communication and signaliza-
tion improvements; and 
‘‘(iii) a facility of use in or for the pri-
mary benefit of high-speed or intercity rail 
passenger transportation; 
‘‘(B) project planning, development, design, 
engineering, location surveying, mapping, envi-
ronmental analysis or studies; 
‘‘(C) acquiring right-of-way or payments 
for rail trackage rights agreements; 
‘‘(D) making highway-rail grade crossing 
improvements related to high-speed rail or inter-
city rail passenger transportation service; 
‘‘(E) electrification; 
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‘‘(F) mitigating environmental impacts; or 
‘‘(G) a project relating to other assets deter-
mined appropriate by the Secretary. 
‘‘(3) INTERCITY
RAIL
PASSENGER
TRANSPOR-
TATION.—The term ‘intercity rail passenger transpor-
tation’ has the meaning given such term in section 
24102. 
‘‘(4) HIGH-SPEED RAIL.—The term ‘high-speed 
rail’ has the meaning given such term in section 
26105. 
‘‘(5) STATE.—The term ‘State’ means each of the 
50 States and the District of Columbia. 
‘‘(6) SOCIALLY DISADVANTAGED INDIVIDUALS.— 
The term ‘socially disadvantaged individuals’ has the 
meaning given the term ‘socially and economically 
disadvantaged individuals’ in section 8(d) of the 
Small Business Act (15 U.S.C. 637(d)). 
‘‘(c) PROJECT REQUIREMENTS.— 
‘‘(1) REQUIREMENTS.—To be eligible for a grant 
under this section, an eligible applicant shall dem-
onstrate that such applicant has or will have— 
‘‘(A) the legal, financial, and technical ca-
pacity to carry out the project; 
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‘‘(B) satisfactory continuing control over 
the use of the equipment or facilities that are the 
subject of the project; and 
‘‘(C) an agreement in place for maintenance 
of such equipment or facilities. 
‘‘(2) HIGH-SPEED RAIL REQUIREMENTS.— 
‘‘(A) CORRIDOR
PLANNING
ACTIVITIES.— 
Notwithstanding paragraph (1), the Secretary 
shall evaluate projects described in subsection 
(a)(1)(B) based on the criteria under section 
26101(c). 
‘‘(B) HIGH-SPEED RAIL PROJECT REQUIRE-
MENTS.—To be eligible for a grant for a high- 
speed rail project, an eligible applicant shall 
demonstrate 
compliance 
with 
section 
26106(e)(2)(A). 
‘‘(d) PROJECT SELECTION CRITERIA.— 
‘‘(1) PRIORITY.—In selecting a project for a 
grant under this section, the Secretary shall give pref-
erence to projects that— 
‘‘(A) are supported by multiple States or 
are included in a multi-state regional plan or 
planning process; 
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‘‘(B) achieve environmental benefits such as 
a reduction in greenhouse gas emissions or an 
improvement in local air quality; or 
‘‘(C) improve service to and investment in 
socially disadvantaged individuals. 
‘‘(2) ADDITIONAL CONSIDERATIONS.—In selecting 
an applicant for a grant under this section, the Sec-
retary shall consider— 
‘‘(A) the proposed project’s anticipated im-
provements to high-speed rail or intercity rail 
passenger transportation, including anticipated 
public benefits on the— 
‘‘(i) effects on system and service per-
formance; 
‘‘(ii) effects on safety, competitiveness, 
reliability, trip or transit time, and resil-
ience; 
‘‘(iii) overall transportation system, 
including efficiencies from improved inte-
gration with other modes of transportation 
or benefits associated with achieving modal 
shifts; 
‘‘(iv) ability to meet existing, antici-
pated, or induced passenger or service de-
mand; and 
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‘‘(v) projected effects on regional and 
local economies along the corridor, includ-
ing increased competitiveness, productivity, 
efficiency, and economic development; 
‘‘(B) the eligible applicant’s past perform-
ance in developing and delivering similar 
projects; 
‘‘(C) if applicable, the consistency of the 
project with planning guidance and documents 
set forth by the Secretary or required by law; 
and 
‘‘(D) if applicable, agreements between all 
stakeholders necessary for the successful delivery 
of the project. 
‘‘(3) ADDITIONAL SCREENING FOR HIGH-SPEED 
RAIL.—In selecting an applicant for a grant under 
this section, for high-speed rail projects, the Secretary 
shall, in addition to the application of paragraphs 
(1) and (2), apply the selection and consideration cri-
teria described in subparagraphs (B) and (C) of sec-
tion 26106(e)(2). 
‘‘(e) FEDERAL SHARE OF TOTAL PROJECT COSTS.— 
‘‘(1) TOTAL PROJECT COST ESTIMATE.—The Sec-
retary shall estimate the total cost of a project under 
this section based on the best available information, 
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including engineering studies, studies of economic fea-
sibility, environmental analyses, and information on 
the expected use of equipment or facilities. 
‘‘(2) FEDERAL
SHARE.—The Federal share of 
total project costs under this section shall not exceed 
90 percent. 
‘‘(3) TREATMENT
OF
REVENUE.—Applicants 
may use ticket and other revenues generated from op-
erations and other sources to satisfy the non-Federal 
share requirements. 
‘‘(f) LETTERS OF INTENT.— 
‘‘(1) IN GENERAL.—The Secretary shall, to the 
maximum extent practicable, issue a letter of intent 
to a recipient of a grant under this section that— 
‘‘(A) announces an intention to obligate, for 
a project under this section, an amount that is 
not more than the amount stipulated as the fi-
nancial participation of the Secretary in the 
project, regardless of authorized amounts; and 
‘‘(B) states that the contingent commit-
ment— 
‘‘(i) is not an obligation of the Federal 
Government; and 
‘‘(ii) is subject to the availability of 
appropriations for grants under this section 
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and subject to Federal laws in force or en-
acted after the date of the contingent com-
mitment. 
‘‘(2) CONGRESSIONAL NOTIFICATION.— 
‘‘(A) IN GENERAL.—Not later than 3 days 
before issuing a letter of intent under paragraph 
(1), the Secretary shall submit written notifica-
tion to— 
‘‘(i) the Committee on Transportation 
and Infrastructure of the House of Rep-
resentatives; 
‘‘(ii) the Committee on Appropriations 
of the House of Representatives; 
‘‘(iii) the Committee on Appropria-
tions of the Senate; and 
‘‘(iv) the Committee on Commerce, 
Science, and Transportation of the Senate. 
‘‘(B) CONTENTS.—The notification sub-
mitted under subparagraph (A) shall include— 
‘‘(i) a copy of the letter of intent; 
‘‘(ii) the criteria used under subsection 
(d) for selecting the project for a grant; and 
‘‘(iii) a description of how the project 
meets such criteria. 
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‘‘(g) APPROPRIATIONS
REQUIRED.—An obligation 
may be made under this section only when amounts are 
appropriated for such purpose. 
‘‘(h) AVAILABILITY.—Amounts made available to carry 
out this section shall remain available until expended. 
‘‘(i) GRANT CONDITIONS.—Except as specifically pro-
vided in this section, the use of any amounts appropriated 
for grants under this section shall be subject to the grant 
conditions under section 22905, except that the domestic 
buying preferences of section 24305(f) shall apply to Am-
trak in lieu of the requirements of section 22905(a).’’. 
(b) CLERICAL AMENDMENT.—The item relating to sec-
tion 22906 in the analysis for chapter 229 of title 49, 
United States Code, is amended to read as follows: 
‘‘22906. Passenger rail improvement, modernization, and expansion grants.’’. 
(c) DEFINITION OF SATISFACTORY CONTINUING CON-
TROL.—Section 22901 of title 49, United States Code, is 
amended by adding at the end the following: 
‘‘(4) SATISFACTORY CONTINUING CONTROL.—The 
term ‘satisfactory continuing control’ means the con-
tinuing ability to utilize and ensure maintenance of 
an asset as a result of full or partial ownership, lease, 
operating or other enforceable contractual agreements, 
or statutory access rights.’’. 
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SEC. 9103. CONSOLIDATED RAIL INFRASTRUCTURE AND 
SAFETY IMPROVEMENT GRANTS. 
Section 22907 of title 49, United States Code, is 
amended— 
(1) in subsection (b)— 
(A) in the matter preceding paragraph (1) 
by striking ‘‘The following’’ and inserting ‘‘Ex-
cept as provided in subsections (o), (p), and (q), 
the following’’; 
(B) in paragraph (1) by inserting ‘‘or the 
District of Columbia’’ before the period; 
(C) in paragraph (10) by striking ‘‘trans-
portation center’’; and 
(D) by adding at the end the following: 
‘‘(12) A commuter authority (as such term is de-
fined in section 24102). 
‘‘(13) An Indian Tribe.’’; 
(2) in subsection (c)— 
(A) in paragraph (1) by inserting ‘‘and up-
grades’’ after ‘‘Deployment’’; 
(B) by striking paragraph (2); 
(C) 
by 
redesignating 
paragraphs 
(3) 
through (12) as paragraphs (2) through (11), re-
spectively; 
(D) in paragraph (2), as so redesignated, by 
inserting ‘‘or safety’’ after ‘‘address congestion’’; 
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(E) in paragraph (3), as so redesignated, by 
striking ‘‘identified by the Secretary’’ and all 
that follows through ‘‘rail transportation’’ and 
inserting ‘‘to improve service or facilitate rider-
ship growth in intercity rail passenger transpor-
tation or commuter rail passenger transpor-
tation (as such term is defined in section 
24102)’’; 
(F) in paragraph (4), as so redesignated, by 
inserting ‘‘to establish new quiet zones or’’ after 
‘‘engineering improvements’’; 
(G) in paragraph (9), as so redesignated, by 
inserting ‘‘, including for suicide prevention and 
other rail trespassing prevention’’ before the pe-
riod; 
(3) in subsection (e)— 
(A) by striking paragraph (1) and inserting 
the following: 
‘‘(1) IN GENERAL.—In selecting a recipient of a 
grant for an eligible project, the Secretary shall give 
preference to— 
‘‘(A) projects that will maximize the net 
benefits of the funds made available for use 
under this section, considering the cost-benefit 
analysis of the proposed project, including an-
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ticipated private and public benefits relative to 
the costs of the proposed project and factoring in 
the other considerations described in paragraph 
(2); and 
‘‘(B) projects that improve service to, or 
provide direct benefits to, socially disadvantaged 
individuals (as defined in section 22906(b)), in-
cluding relocating or mitigating infrastructure 
that limits community connectivity, including 
mobility, access, or economic development of such 
individuals.’’; and 
(B) in paragraph (3) by striking ‘‘para-
graph 
(1)(B)’’ 
and 
inserting 
‘‘paragraph 
(1)(A)’’; 
(4) in subsection (h)(2) by inserting ‘‘, except 
that a grant for a capital project involving zero-emis-
sion locomotive technologies shall not exceed an 
amount in excess of 90 percent of the total project 
costs’’ before the period. 
(5) by redesignating subsections (i), (j), and (k) 
as subsections (l), (m), and (n) respectively; and 
(6) by inserting after subsection (h) the fol-
lowing: 
‘‘(i) LARGE PROJECTS.—Of the amounts made avail-
able under this section, at least 25 percent shall be for 
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projects that have total project costs of greater than 
$100,000,000. 
‘‘(j) COMMUTER RAIL.— 
‘‘(1) ADMINISTRATION OF FUNDS.—The amounts 
awarded under this section for commuter rail pas-
senger transportation projects shall be transferred by 
the Secretary, after selection, to the Federal Transit 
Administration for administration of funds in ac-
cordance with chapter 53. 
‘‘(2) GRANT CONDITION.— 
‘‘(A) IN
GENERAL.—Notwithstanding sec-
tion 22905(f)(1) and 22907(j)(1), as a condition 
of receiving a grant under this section that is 
used to acquire, construct, or improve railroad 
right-of-way or facilities, any employee covered 
by the Railway Labor Act (45 U.S.C. 151 et 
seq.) and the Railroad Retirement Act of 1974 
(45 U.S.C. 231 et seq.) who is adversely affected 
by actions taken in connection with the project 
financed in whole or in part by such grant shall 
be covered by employee protective arrangements 
established under section 22905(e). 
‘‘(B) APPLICATION
OF
PROTECTIVE
AR-
RANGEMENT.—The grant recipient and the suc-
cessors, assigns, and contractors of such recipient 
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shall be bound by the protective arrangements re-
quired under subparagraph (A). Such recipient 
shall be responsible for the implementation of 
such arrangement and for the obligations under 
such arrangement, but may arrange for another 
entity to take initial responsibility for compli-
ance with the conditions of such arrangement. 
‘‘(3) APPLICATION OF LAW.—Subsection (g) of 
section 22905 shall not apply to grants awarded 
under this section for commuter rail passenger trans-
portation projects. 
‘‘(k) DEFINITION OF CAPITAL PROJECT.—In this sec-
tion, the term ‘capital project’ means a project or program 
for— 
‘‘(1) acquiring, constructing, improving, or in-
specting equipment, track and track structures, or a 
facility, expenses incidental to acquisition or con-
struction (including project-level planning, designing, 
engineering, location surveying, mapping, environ-
mental studies, and acquiring right-of-way), pay-
ments for rail trackage rights agreements, highway- 
rail grade crossing improvements, mitigating environ-
mental impacts, communication and signalization 
improvements, relocation assistance, acquiring re-
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placement housing sites, and acquiring, constructing, 
relocating, and rehabilitating replacement housing; 
‘‘(2) rehabilitating, remanufacturing, or over-
hauling rail rolling stock and facilities; 
‘‘(3) costs associated with developing State or 
multi-State regional rail plans; and 
‘‘(4) the first-dollar liability costs for insurance 
related to the provision of intercity passenger rail 
service under section 22904.’’; and 
(7) by striking subsection (l). 
SEC. 9104. RAILROAD REHABILITATION AND IMPROVEMENT 
FINANCING. 
(a) IN GENERAL.—Section 502 of the Railroad Revi-
talization and Regulatory Reform Act of 1976 (45 U.S.C. 
822) is amended— 
(1) in subsection (b)— 
(A) in paragraph (1)— 
(i) in subparagraph (A) by inserting 
‘‘civil works such as cuts and fills, stations, 
tunnels,’’ after ‘‘components of track,’’; and 
(ii) in subparagraph (D) by inserting 
‘‘, permitting,’’ after ‘‘reimburse planning’’; 
and 
(B) by striking paragraph (3); 
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(2) by striking subsection (e)(1) and inserting 
the following: 
‘‘(1) DIRECT LOANS.—The interest rate on a di-
rect loan under this section shall be not less than the 
yield on United States Treasury securities of a simi-
lar maturity to the maturity of the direct loan on the 
date of execution of the loan agreement.’’; 
(3) in subsection (f)— 
(A) in paragraph (1) by adding ‘‘The Sec-
retary shall only apply 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, in whole or in part, for 
entities described in paragraphs (1) through (3) 
of subsection (a).’’ at the end; 
(B) in paragraph (3) by striking subpara-
graph (C) and inserting the following: 
‘‘(C) An investment-grade rating on the di-
rect loan or loan guarantee, as applicable, if the 
total amount of the direct loan or loan guarantee 
is less than $100,000,000. 
‘‘(D) In the case of a total amount of a di-
rect loan or loan guarantee greater than 
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$100,000,000, an investment-grade rating from 
at least 2 rating agencies on the direct loan or 
loan guarantee, or an investment-grade rating 
on the direct loan or loan guarantee and a pro-
jection of freight or passenger demand for the 
project based on regionally developed economic 
forecasts, including projections of any modal di-
version resulting from the project.’’; and 
(C) by adding at the end the following: 
‘‘(5) REPAYMENT OF CREDIT RISK PREMIUMS.— 
The Secretary shall return credit risk premiums paid, 
and interest accrued thereon, to the original source 
when all obligations of a loan or loan guarantee have 
been satisfied. This paragraph applies to any project 
that has been granted assistance under this section 
after the date of enactment of the TRAIN Act.’’; and 
(4) by adding at the end the following: 
‘‘(n) NON-FEDERAL SHARE.—The proceeds of a loan 
provided under this section may be used as the non-Federal 
share of project costs under this title and title 49 if such 
loan is repayable from non-Federal funds. 
‘‘(o) BUY AMERICA.— 
‘‘(1) IN GENERAL.—In awarding direct loans or 
loan guarantees under this section, the Secretary shall 
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require each recipient to comply with section 
22905(a) of title 49, United States Code. 
‘‘(2) SPECIFIC
COMPLIANCE.—Notwithstanding 
paragraph (1), the Secretary shall require— 
‘‘(A) Amtrak to comply with section 
24305(f) of title 49, United States Code; and 
‘‘(B) a commuter authority (as defined in 
section 24102 of title 49, United States Code) to 
comply with section 5320 of title 49, United 
States Code.’’. 
(b) GUIDANCE.—Not later than 9 months after the date 
of enactment of this Act, the Secretary shall publish guid-
ance that provides applicants for assistance under section 
502 of the Railroad Revitalization and Regulatory Reform 
Act of 1976 (45 U.S.C. 822) information regarding the 
types of data, assumptions, and other factors typically used 
to calculate credit risk premiums required under subsection 
(f) of such section. Such guidance shall include information 
to help applicants understand how different factors may in-
crease or decrease such credit risk premiums. 
SEC. 9105. BRIDGES, STATIONS, AND TUNNELS (BEST) 
GRANT PROGRAM. 
(a) IN GENERAL.—Chapter 229 of title 49, United 
States Code, is amended by adding at the end the following: 
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‘‘§ 22909. Bridges, stations, and tunnels (BeST) grant 
program 
‘‘(a) IN GENERAL.—The Secretary of Transportation 
shall establish a program (in this section referred to as the 
‘BeST Program’) to provide grants to eligible entities for 
major capital projects included in the BeST Inventory es-
tablished under subsection (b) for rail bridges, stations, and 
tunnels that are publicly owned or owned by Amtrak to 
make safety, capacity, and mobility improvements. 
‘‘(b) BEST INVENTORY.— 
‘‘(1) ESTABLISHMENT.—Not later than 120 days 
after the date of enactment of the TRAIN Act, the 
Secretary shall establish, and publish on the website 
of the Department of Transportation an inventory (in 
this section referred to as the ‘BeST Inventory’) for 
publicly owned and Amtrak owned major capital 
projects designated by the Secretary to be eligible for 
funding under this section. The BeST Inventory shall 
include major capital projects to acquire, refurbish, 
rehabilitate, or replace rail bridges, stations, or tun-
nels and any associated and co-located projects. 
‘‘(2) CONSIDERATIONS.—In selecting projects for 
inclusion in the BeST Inventory, the Secretary shall 
give priority to projects that provide the most benefit 
for intercity passenger rail service in relation to esti-
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mated costs and that are less likely to secure all of the 
funding required from other sources. 
‘‘(3) UPDATES TO BEST INVENTORY.—Every 2 
years after the establishment of the BeST Inventory 
under paragraph (1), the Secretary shall update the 
BeST Inventory and include it in its annual budget 
justification. 
‘‘(4) ELIGIBILITY
FOR
BEST
INVENTORY.— 
Projects included in the BeST Inventory— 
‘‘(A) shall be— 
‘‘(i) consistent with the record of deci-
sion issued by the Federal Railroad Admin-
istration in July 2017 titled ‘NEC FU-
TURE: A Rail Investment Plan for the 
Northeast Corridor’ (known as the ‘Selected 
Alternative’); 
‘‘(ii) consistent with the most recent 
service development plan under section 
24904(a) (hereinafter in this section re-
ferred to as the ‘Service Development 
Plan’); and 
‘‘(iii) located in a territory for which 
a cost allocation policy is maintained pur-
suant to section 24905(c); or 
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‘‘(B) shall be consistent with a multi-state 
regional planning document equivalent to the 
document referred to in subparagraph (A)(ii) 
with a completed Tier I environmental review of 
such document pursuant to the National Envi-
ronmental Policy Act of 1969 (42 U.S.C. 4321 et 
seq.). 
‘‘(5) PROJECT FUNDING SEQUENCING.—The Sec-
retary shall determine the order of priority for 
projects in the BeST Inventory based on projects 
identified in paragraph (4) and project management 
plans as described in subsection (d). The Secretary 
may alter the BeST Inventory as necessary if eligible 
entities are not carrying out the schedule identified in 
the Inventory. 
‘‘(6) TERMS.—The Secretary shall ensure the 
BeST Inventory establishes, for each project included 
in such Inventory— 
‘‘(A) the roles and terms of participation by 
any railroad bridge, station, or tunnel owners 
and railroad carriers in the project; and 
‘‘(B) the schedule for such project that en-
sures efficient completion of the project. 
‘‘(7) SPECIAL FINANCIAL RULES.— 
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‘‘(A) IN GENERAL.—Projects listed in the 
BeST Inventory may include an agreement with 
a commitment, contingent on future amounts to 
be specified in law for commitments under this 
paragraph, to obligate an additional amount 
from future available budget authority specified 
in law. 
‘‘(B) STATEMENT OF CONTINGENT COMMIT-
MENT.—An obligation or administrative com-
mitment under this paragraph may be made 
only when amounts are appropriated. An agree-
ment shall state that any contingent commitment 
is not an obligation of the Federal Government, 
and is subject to the availability of appropria-
tions under Federal law and to Federal laws in 
force or enacted after the date of the contingent 
commitment. 
‘‘(C) FINANCING COSTS.—Financing costs of 
carrying out the project may be considered a cost 
of carrying out the project under the BeST In-
ventory. 
‘‘(c) EXPENDITURE OF FUNDS.— 
‘‘(1) FEDERAL
SHARE
OF
TOTAL
PROJECT 
COSTS.—The Federal share for the total cost of a 
project under this section shall not exceed 90 percent. 
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‘‘(2) NON-FEDERAL
SHARE.—A recipient of 
funds under this section may use any source of funds, 
including other Federal financial assistance, to sat-
isfy the non-Federal funds requirement. The non-Fed-
eral share for a grant provided under this section 
shall be consistent with section 24905(c) or section 
24712(a)(7) if either such section are applicable to the 
railroad territory at the project location. 
‘‘(3) AVAILABILITY
OF
FUNDS.—Funds made 
available under this section shall remain available for 
obligation by the Secretary for a period of 10 years 
after the last day of the fiscal year for which the 
funds are appropriated, and remain available for ex-
penditure by the recipient of grant funds without fis-
cal year limitation. 
‘‘(4) ELIGIBLE
USES.—Funds made available 
under this section may be used for projects contained 
in the most recent BeST Inventory, including pre- 
construction expenses and the acquisition of real 
property interests. 
‘‘(5) FUNDS
AWARDED
TO
AMTRAK.—Grants 
made to Amtrak shall be provided in accordance with 
the requirements of chapter 243. 
‘‘(6) GRANT CONDITIONS.—Except as provided in 
this section, the use of any amounts made available 
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for grants under this section shall be subject to the 
grant requirements in section 22905. 
‘‘(d) PROJECT MANAGEMENT.— 
‘‘(1) SUBMISSION
OF
PROJECT
MANAGEMENT 
PLANS.—The Secretary shall establish a process, in-
cluding specifying formats, methods, and procedures, 
for applicants to submit a project management plan 
to the Secretary for a project in the BeST Inventory. 
Consistent with requirements in section 22903, project 
management plans shall— 
‘‘(A) describe the schedules, management ac-
tions, workforce availability, interagency agree-
ments, permitting, track outage availability, and 
other factors that will determine the entity’s abil-
ity to carry out a project included in the BeST 
Inventory; and 
‘‘(B) be updated and resubmitted in accord-
ance with this subsection every 2 years according 
to the schedule in the most recent Service Devel-
opment Plan, or equivalent multi-state regional 
planning document with a completed Tier I en-
vironmental review conducted pursuant to the 
National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.). 
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‘‘(2) NORTHEAST
CORRIDOR
PROJECTS.—For 
projects on the Northeast Corridor, an applicant shall 
submit such project management plan to the North-
east Corridor Commission. Upon receipt of such plan, 
the Northeast Corridor Commission shall submit to 
the Secretary an updated Service Development Plan 
that describes the schedule and sequencing of all cap-
ital projects on the Northeast Corridor, including esti-
mates of the amount each sponsor entity will need in 
program funding for each of the next 2 fiscal years 
to carry out the entity’s projects according to the 
Service Development Plan. 
‘‘(e) COST METHODOLOGY POLICY REQUIREMENTS.— 
‘‘(1) IN GENERAL.—The Secretary shall ensure, 
as a condition of a grant agreement under this sec-
tion for any project located in a railroad territory 
where a policy established pursuant to section 
24905(c) or section 209 of the Passenger Rail Invest-
ment and Improvement Act of 2008 (49 U.S.C. 24101 
note) applies, that a recipient of funds under either 
such section maintain compliance with the policies, 
or any updates to any applicable cost methodology 
policy, for the railroad territory encompassing the 
project location. 
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‘‘(2) PENALTY FOR NONCOMPLIANCE.—If such re-
cipient does not maintain compliance with the poli-
cies described in paragraph (1), the Secretary may— 
‘‘(A) withhold funds under this subsection 
from such recipient up to the amount the recipi-
ent owes, but has not paid; and 
‘‘(B) permanently reallocate such funds to 
other recipients after a reasonable period. 
‘‘(f) DEFINITIONS.—In this section: 
‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible enti-
ty’ means— 
‘‘(A) a State, including the District of Co-
lumbia; 
‘‘(B) a group of States; 
‘‘(C) an Interstate Compact; 
‘‘(D) a public agency or publicly chartered 
authority established by one or more States; 
‘‘(E) a political subdivision of a State; 
‘‘(F) Amtrak; 
‘‘(G) An Indian Tribe; or 
‘‘(H) any combination of the entities listed 
in subparagraphs (A) through (G). 
‘‘(2) MAJOR
CAPITAL
PROJECT.—The term 
‘major capital project’ means a rail bridge, station, or 
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tunnel project used for intercity passenger rail service 
that has a total project cost of at least $500,000,000. 
‘‘(3) NORTHEAST CORRIDOR.—The term ‘North-
east Corridor’ has the meaning given the term in sec-
tion 24904(e). 
‘‘(4) PUBLICLY
OWNED.—The term ‘publicly 
owned’ means major capital projects that are at least 
partially owned or planned to be owned by the Fed-
eral Government or an eligible entity. 
‘‘(5) CO-LOCATED
PROJECT.—The term ‘co-lo-
cated project’ means a capital project that is adjacent 
to a major capital project and can be carried out dur-
ing the same period.’’. 
(b) CLERICAL AMENDMENT.—The analysis for chapter 
229 of title 49, United States Code, is amended by adding 
at the end the following: 
‘‘22909. Bridges, stations, and tunnels (BeST) grant program.’’. 
SEC. 9106. BUY AMERICA. 
Section 22905(a) of title 49, United States Code, is 
amended— 
(1) in paragraph (2)— 
(A) in subparagraph (B) by adding ‘‘or’’ at 
the end; 
(B) by striking subparagraph (C); and 
(C) by redesignating subparagraph (D) as 
subparagraph (C); 
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(2) by striking paragraph (4) and inserting the 
following: 
‘‘(4)(A) If the Secretary receives a request for a 
waiver under paragraph (2), the Secretary shall pro-
vide notice of and an opportunity for public comment 
on the request at least 30 days before making a find-
ing based on the request. 
‘‘(B) A notice provided under subparagraph (A) 
shall— 
‘‘(i) include the information available to the 
Secretary concerning the request, including 
whether the request is being made under sub-
paragraph (A), (B), or (C) of paragraph (2); 
and 
‘‘(ii) be provided by electronic means, in-
cluding on the official public website of the De-
partment of Transportation.’’; 
(3) in paragraph (5)— 
(A) by striking ‘‘2012’’ and inserting 
‘‘2020, and each year thereafter’’; and 
(B) by inserting ‘‘during the preceding fis-
cal year’’ before the period; and 
(4) by adding at the end the following: 
‘‘(12) The requirements of this subsection apply to all 
contracts for a project carried out within the scope of the 
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applicable finding, determination, or decisions under the 
National Environmental Policy Act of 1969 (42 U.S.C. 
4321 et seq.), regardless of the funding source for activities 
carried out pursuant to such contracts, if at least 1 contract 
for the project is funded with amounts made available to 
carry out a provision specified in paragraph (1).’’. 
TITLE II—AMTRAK REFORMS 
SEC. 9201. AMTRAK FINDINGS, MISSION, AND GOALS. 
Section 24101 of title 49, United States Code, is 
amended— 
(1) in subsection (a)— 
(A) in paragraph (1)— 
(i) by striking ‘‘, to the extent its budg-
et allows,’’; and 
(ii) by striking ‘‘between crowded 
urban areas and in other areas of’’ and in-
serting ‘‘throughout’’; 
(B) in paragraph (2) by striking the period 
and inserting ‘‘, thereby providing additional ca-
pacity for the traveling public and widespread 
air quality benefits.’’; 
(C) in paragraph (4)— 
(i) by striking ‘‘greater’’ and inserting 
‘‘high’’; and 
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(ii) by striking ‘‘to Amtrak to achieve 
a performance level sufficient to justify ex-
pending public money’’ and inserting ‘‘in 
order to meet the intercity passenger rail 
needs of the United States’’; 
(D) in paragraph (5)— 
(i) by inserting ‘‘intercity and’’ after 
‘‘efficient’’; and 
(ii) by striking ‘‘the energy conserva-
tion and self-sufficiency’’ and inserting ‘‘ad-
dressing climate change, energy conserva-
tion, and self-sufficiency’’; 
(E) in paragraph (6) by striking ‘‘through 
its subsidiary, Amtrak Commuter,’’; and 
(F) by adding at the end the following: 
‘‘(9) Long-distance intercity passenger rail provides 
economic benefits to rural communities and offers intercity 
travel opportunities where such options are often limited, 
making long-distance intercity passenger rail an important 
part of the national transportation system. 
‘‘(10) The Northeast Corridor, long-distance routes, 
and State-supported routes are interconnected and collec-
tively provide national rail passenger transportation. 
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‘‘(11) Investments in intercity and commuter rail pas-
senger transportation support jobs that provide a pathway 
to the middle class.’’; 
(2) in subsection (b) by striking ‘‘The’’ and all 
that follows through ‘‘consistent’’ and inserting ‘‘The 
mission of Amtrak is to provide a safe, efficient, and 
high-quality national intercity passenger rail system 
that is trip-time competitive with other intercity 
travel options, consistent’’; 
(3) in subsection (c)— 
(A) by striking paragraph (1) and inserting 
the following: 
‘‘(1) use its best business judgment in acting to 
maximize the benefits of public funding;’’; 
(B) in paragraph (2)— 
(i) by striking ‘‘minimize Government 
subsidies by encouraging’’ and inserting 
‘‘work with’’; and 
(ii) by striking the semicolon and in-
serting ‘‘and improvements to service;’’; 
(C) by striking paragraph (3) and inserting 
the following: 
‘‘(3) manage the passenger rail network in the 
interest of public transportation needs, including cur-
rent and future Amtrak passengers;’’; 
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(D) in paragraph (7) by striking ‘‘encour-
age’’ and inserting ‘‘work with’’; 
(E) in paragraph (11) by striking ‘‘and’’ 
the last place it appears; and 
(F) by striking paragraph (12) and insert-
ing the following: 
‘‘(12) utilize and manage resources with a long- 
term perspective, including sound investments that 
take into account the overall lifecycle costs of an asset; 
‘‘(13) ensure that service is accessible, equitable, 
and accommodating to passengers with disabilities 
and members of underserved communities; and 
‘‘(14) maximize the benefits Amtrak generates for 
the United States by creating quality jobs and sup-
porting the domestic workforce.’’; and 
(4) by striking subsection (d). 
SEC. 9202. AMTRAK STATUS. 
Section 24301(a) of title 49, United States Code, is 
amended— 
(1) in paragraph (1) by striking ‘‘20102(2)’’ and 
inserting ‘‘20102’’; and 
(2) in paragraph (2) by inserting ‘‘serving the 
public interest in reliable passenger rail service’’ after 
‘‘for-profit corporation’’. 
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SEC. 9203. BOARD OF DIRECTORS. 
(a) IN GENERAL.—Section 24302 of title 49, United 
States Code, is amended— 
(1) in subsection (a)— 
(A) in paragraph (1)— 
(i) in subparagraph (B) by striking 
‘‘President of Amtrak’’ and inserting ‘‘Chief 
Executive Officer of Amtrak’’; and 
(ii) by striking subparagraph (C) and 
inserting the following: 
‘‘(C) 8 individuals appointed by the Presi-
dent of the United States, by and with the advice 
and consent of the Senate, with a record of sup-
port for national intercity passenger rail service. 
Of the individuals appointed— 
‘‘(i) 1 shall be a Mayor or Governor of 
a location served by a regularly scheduled 
Amtrak service on the Northeast Corridor; 
‘‘(ii) 1 shall be a Mayor or Governor 
of a location served by a regularly scheduled 
Amtrak service that is not on the Northeast 
Corridor; 
‘‘(iii) 1 shall be a representative of 
Amtrak employees; 
‘‘(iv) 1 shall be an individual with a 
history of regular Amtrak ridership and an 
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understanding of the concerns of intercity 
rail passengers; 
‘‘(v) 1 shall be an individual with— 
‘‘(I) demonstrated experience or 
demonstrated interest in the Northeast 
Corridor and the National Network; 
and 
‘‘(II) 
industry 
experience 
or 
qualifications 
in 
transportation, 
freight and passenger rail transpor-
tation, travel, or passenger air trans-
portation; and 
‘‘(vi) 1 shall be an individual with 
general business and financial experience 
who has demonstrated experience or dem-
onstrated interest in the Northeast Corridor 
and the National Network.’’; 
(B) in paragraph (2) by inserting ‘‘users of 
Amtrak, including the elderly and individuals 
with disabilities, and’’ after ‘‘and balanced rep-
resentation of’’; 
(C) in paragraph (3)— 
(i) by striking ‘‘Not more than 5’’ and 
inserting ‘‘Not more than 4’’; and 
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(ii) by adding at the end the following: 
‘‘A member of the Board appointed under 
clause (i) or (ii) of paragraph (1)(C) shall 
serve for a term of 5 years or until such 
member leaves the elected office such mem-
ber occupied at the time such member was 
appointed, whichever is first.’’; 
(D) in paragraph (4) by striking ‘‘Presi-
dent’’ and inserting ‘‘Chief Executive Officer’’; 
and 
(E) by striking paragraph (5) and inserting 
the following: 
‘‘(5) The Secretary and any Governor of a State 
may be represented at a Board meeting by a des-
ignee.’’; 
(2) in subsection (b)— 
(A) by striking ‘‘PAY AND EXPENSES’’ and 
inserting ‘‘DUTIES, PAY, AND EXPENSES’’; and 
(B) by inserting ‘‘Each director must con-
sider the well-being of current and future Am-
trak passengers, the public interest in sustain-
able national passenger rail service, and balance 
the preceding considerations with the fiduciary 
responsibilities of the director and the mission 
and goals of Amtrak.’’ before ‘‘Each director not 
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employed by the United States Government or 
Amtrak’’; and 
(3) by adding at the end the following: 
‘‘(g) GOVERNOR DEFINED.—In this section, the term 
‘Governor’ means the Governor of a State or the Mayor of 
the District of Columbia and includes a designee of the Gov-
ernor.’’. 
(b) TIMING OF NEW BOARD REQUIREMENTS.—The ap-
pointment and membership requirements under section 
24302 of title 49, United States Code (as amended by this 
Act), shall apply to any member of the Board appointed 
pursuant to subsection (a)(1)(C) of such section who is ap-
pointed on or after the date of enactment of this Act. 
SEC. 9204. AMTRAK PREFERENCE ENFORCEMENT. 
(a) IN GENERAL.—Section 24308(c) of title 49, United 
States Code, is amended by adding at the end the following: 
‘‘Notwithstanding section 24103(a) and section 24308(f), 
Amtrak shall have the right to bring an action for equitable 
or other relief in the United States District Court for the 
District of Columbia to enforce the preference rights granted 
under this subsection.’’. 
(b) CONFORMING AMENDMENT.—Section 24103 of title 
49, United States Code, is amended by inserting ‘‘and sec-
tion 24308(c)’’ before ‘‘, only the Attorney General’’. 
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SEC. 9205. USE OF FACILITIES AND PROVIDING SERVICES 
TO AMTRAK. 
Section 24308(e) of title 49, United States Code, is 
amended— 
(1) by striking paragraph (1) and inserting the 
following: ‘‘(1)(A) When a rail carrier does not agree 
to allow Amtrak to operate additional trains in ac-
cordance with proposed schedules over any rail line of 
the carrier on which Amtrak is operating or seeks to 
operate, Amtrak may submit an application to the 
Board for an order requiring the carrier to allow for 
the operation of the requested trains. Not later than 
90 days after receipt of such application, the Board 
shall determine whether the additional trains would 
unreasonably impair freight transportation and— 
‘‘(i) upon a determination that such trains 
do not unreasonably impair freight transpor-
tation, order the rail carrier to allow for the op-
eration of such trains on a schedule established 
by the Board; or 
‘‘(ii) upon a determination that such trains 
do unreasonably impair freight transportation, 
initiate a proceeding to determine any addi-
tional infrastructure investments required by, or 
on behalf of, Amtrak. 
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‘‘(B) If Amtrak seeks to resume operation of a 
train that Amtrak operated during the 5-year period 
preceding an application described in subparagraph 
(A), the Board shall apply a presumption that the re-
sumed operation of such train will not unreasonably 
impair freight transportation unless the Board finds 
that there are substantially changed circumstances.’’; 
(2) in paragraph (2)— 
(A) by striking ‘‘The Board shall consider’’ 
and inserting ‘‘The Board shall’’; 
(B) by striking subparagraph (A) and in-
serting the following: 
‘‘(A) in making the determination under para-
graph (1), take into account any infrastructure in-
vestments previously made by, or on behalf of, Am-
trak, or proposed in Amtrak’s application, with the 
rail carrier having the burden of demonstrating that 
the additional trains will unreasonably impair the 
freight transportation; and’’; and 
(C) in subparagraph (B) by inserting ‘‘con-
sider investments described in subparagraph (A) 
and’’ after ‘‘times,’’; and 
(3) by adding at the end the following: 
‘‘(4) In a proceeding initiated by the Board under 
paragraph (1)(A)(ii), the Board shall solicit the views of 
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the parties and require the parties to provide any necessary 
data or information. Not later than 180 days after the date 
on which the Board makes a determination under para-
graph (1)(A)(ii), the Board shall issue an order requiring 
the rail carrier to allow for the operation of the requested 
trains provided that any conditions enumerated by the 
Board are met. In determining the necessary level of addi-
tional infrastructure or other investments needed to miti-
gate unreasonable impairment of freight transportation, the 
Board shall use any criteria, assumptions, and processes 
it considers appropriate. 
‘‘(5) The provisions of this subsection shall be in addi-
tion to any other statutory or contractual remedies Amtrak 
may have with respect to operating the additional trains.’’. 
SEC. 9206. PROHIBITION ON MANDATORY ARBITRATION. 
(a) IN GENERAL.—Section 28103 of title 49, United 
States Code, is amended— 
(1) by redesignating subsection (e) as subsection 
(f); and 
(2) by inserting after subsection (d) the fol-
lowing: 
‘‘(e) PROHIBITION ON CHOICE-OF-FORUM CLAUSE.— 
‘‘(1) IN GENERAL.—Amtrak may not impose a 
choice-of-forum clause that attempts to preclude a 
passenger, or a person who purchases a ticket for rail 
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transportation on behalf of a passenger, from bring-
ing a claim against Amtrak in any court of com-
petent jurisdiction, including a court within the ju-
risdiction of the residence of such passenger in the 
United States (provided that Amtrak does business 
within that jurisdiction). 
‘‘(2) COURT
OF
COMPETENT
JURISDICTION.— 
Under this subsection, a court of competent jurisdic-
tion may not include an arbitration forum.’’. 
(b) EFFECTIVE DATE.—This section, and the amend-
ments made by this section, shall apply to any claim that 
arises on or after the date of enactment of this Act. 
SEC. 9207. AMTRAK ADA ASSESSMENT. 
(a) ASSESSMENT.—Amtrak shall conduct an assess-
ment and review of all Amtrak policies, procedures, proto-
cols, and guidelines for compliance with the requirements 
of the Americans With Disabilities Act of 1990 (42 U.S.C. 
12101 et seq.). 
(b) REPORT.—Not later than 180 days after the date 
of enactment of this Act, Amtrak shall submit to the Com-
mittee on Transportation and Infrastructure of the House 
of Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate a report on the 
results of the assessment conducted under subsection (a). 
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(c) CONTENTS.—The report required under subsection 
(b) shall include— 
(1) a summary of the policies, procedures, proto-
cols, and guidelines reviewed; 
(2) any necessary changes to such policies, proce-
dures, protocols, and guidelines to ensure compliance 
with the Americans With Disabilities Act of 1990 (42 
U.S.C. 12101 et seq.), including full compliance 
under such Act for stations and facilities for which 
Amtrak has responsibility under such Act and consid-
eration of the needs of individuals with disabilities 
when procuring rolling stock and setting ticket fares; 
and 
(3) an implementation plan and timeline for 
making any such necessary changes. 
(d) ENGAGEMENT.—Amtrak shall engage with a range 
of advocates for individuals with disabilities during the as-
sessment conducted under subsection (a), and develop an 
ongoing and standardized process for engagement with ad-
vocates for individuals with disabilities. 
(e) PERIODIC EVALUATION.—At least once every 2 
years, Amtrak shall review and update, as necessary, Am-
trak policies, procedures, protocols, and guidelines to ensure 
compliance with the Americans With Disabilities Act of 
1990 (42 U.S.C. 12101 et seq.). 
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SEC. 9208. PROHIBITION ON SMOKING ON AMTRAK TRAINS. 
(a) IN GENERAL.—Chapter 243 of title 49, United 
States Code, is amended by adding at the end the following: 
‘‘§ 24323. Prohibition on smoking on Amtrak trains 
‘‘(a) PROHIBITION.—Beginning on the date of enact-
ment of the TRAIN Act, Amtrak shall prohibit smoking on 
board Amtrak trains. 
‘‘(b) ELECTRONIC CIGARETTES.— 
‘‘(1) INCLUSION.—The use of an electronic ciga-
rette shall be treated as smoking for purposes of this 
section. 
‘‘(2) ELECTRONIC CIGARETTE DEFINED.—In this 
section, the term ‘electronic cigarette’ means a device 
that delivers nicotine or other substances to a user of 
the device in the form of a vapor that is inhaled to 
simulate the experience of smoking.’’. 
(b) CONFORMING
AMENDMENT.—The analysis for 
chapter 243 of title 49, United States Code, is amended by 
adding at the end the following: 
‘‘24323. Prohibition on smoking on Amtrak trains.’’. 
SEC. 9209. STATE-SUPPORTED ROUTES OPERATED BY AM-
TRAK. 
Section 24712 of title 49, United States Code, is 
amended to read as follows: 
‘‘§ 24712. State-supported routes operated by Amtrak 
‘‘(a) STATE-SUPPORTED ROUTE COMMITTEE.— 
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‘‘(1) ESTABLISHMENT.—There is established a 
State-Supported Route Committee (referred to in this 
section as the ‘Committee’) to promote mutual co-
operation and planning pertaining to the current and 
future rail operations of Amtrak and related activi-
ties 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 Depart-
ment of Transportation, including the Fed-
eral Railroad Administration; and 
‘‘(iii) members representing States. 
‘‘(B) NON-VOTING
MEMBERS.—The Com-
mittee may invite and accept other non-voting 
members to participate in Committee activities, 
as appropriate. 
‘‘(3) DECISIONMAKING.—The Committee shall es-
tablish a bloc voting system under which, at a min-
imum— 
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‘‘(A) there are 3 separate voting blocs to 
represent the Committee’s voting members, in-
cluding— 
‘‘(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 votes of the voting bloc representing 
the members described in paragraph (2)(A)(iii) 
requires the support of at least two-thirds of that 
voting bloc’s members; and 
‘‘(D) the Committee makes decisions by 
unanimous consent of the 3 voting blocs. 
‘‘(4) ABILITY TO CONDUCT CERTAIN BUSINESS.— 
If all members of a voting bloc described in para-
graph (3) abstain from a Committee decision, agree-
ment between the other voting blocs consistent with 
the procedures set forth in paragraph (3) shall be 
deemed unanimous consent. 
‘‘(5) MEETINGS; RULES AND PROCEDURES.—The 
Committee shall define and periodically update the 
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rules and procedures governing the Committee’s pro-
ceedings. The rules and procedures shall— 
‘‘(A) incorporate and further describe the 
decisionmaking procedures to be used in accord-
ance with paragraph (3); and 
‘‘(B) be adopted in accordance with such de-
cisionmaking procedures. 
‘‘(6) COMMITTEE
DECISIONS.—Decisions made 
by the Committee in accordance with the Committee’s 
rules and procedures, once established, are binding on 
all Committee members. 
‘‘(7) COST METHODOLOGY POLICY.— 
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), the Committee may amend the cost 
methodology policy required and previously ap-
proved under section 209 of the Passenger Rail 
Investment and Improvement Act of 2008 (49 
U.S.C. 24101 note). 
‘‘(B) REVISIONS
TO
COST
METHODOLOGY 
POLICY.— 
‘‘(i) REQUIREMENT
TO
REVISE
AND 
UPDATE.—Subject to the requirements of 
clause (iii), the Committee shall, not later 
than March 31, 2022, update the cost meth-
odology policy required and previously ap-
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proved under section 209 of the Passenger 
Rail Investment and Improvement Act of 
2008 (49 U.S.C. 24101 note). Such update 
shall be consistent with the principles for 
revision of the Committee pursuant to such 
section and consistent with any subsequent 
changes to such principles approved by the 
Committee. The Committee shall implement 
the updated policy beginning in fiscal year 
2023 and shall submit to the Committee on 
Transportation and Infrastructure of the 
House of Representatives and the Committee 
on Commerce, Science, and Transportation 
of the Senate a report documenting and ex-
plaining any changes to the policy and 
plans for implementation not later than 30 
days after the adoption of the updated pol-
icy. 
‘‘(ii) IMPLEMENTATION
IMPACTS
ON 
FEDERAL FUNDING.—To the extent that a 
policy implemented pursuant to clause (i) 
assigns to Amtrak costs that were previously 
allocated to States, Amtrak shall request 
such costs in the general and legislative an-
nual report required by section 24315 or in 
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any appropriate subsequent Federal fund-
ing request for the fiscal year in which the 
revised policy is implemented. 
‘‘(iii) PROCEDURES
FOR
CHANGING 
METHODOLOGY.—The rules and procedures 
implemented under paragraph (5) shall in-
clude procedures for changing the cost meth-
odology policy under this subparagraph, 
notwithstanding section 209(b) of the Pas-
senger Rail Investment and Improvement 
Act (49 U.S.C. 22 24101 note), and proce-
dures or broad guidelines for conducting fi-
nancial planning, including operating and 
capital forecasting, reporting, and data 
sharing and governance. 
‘‘(C) REQUIREMENTS.—The cost method-
ology policy shall— 
‘‘(i) ensure equal treatment in the pro-
vision of like services of all States and 
groups of States; 
‘‘(ii) assign to each route the costs in-
curred only for the benefit of that route and 
a proportionate share, based upon factors 
that reasonably reflect relative use, of costs 
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incurred for the common benefit of more 
than 1 route; and 
‘‘(iii) promote increased efficiency in 
Amtrak’s operating and capital activities. 
‘‘(b) INVOICES AND REPORTS.— 
‘‘(1) MONTHLY INVOICE.—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. 
‘‘(2) PLANNING AND DEMAND REPORTS.—A State 
shall provide to the Committee and Amtrak planning 
and demand reports with respect to a planned or ex-
isting State-supported route. 
‘‘(3) FINANCIAL AND PERFORMANCE REPORTS.— 
The Committee shall require Amtrak to provide to the 
States and the Committee financial and performance 
reports at a frequency, and containing such informa-
tion, as determined appropriate by the Committee. 
‘‘(c) DISPUTE RESOLUTION.— 
‘‘(1) REQUEST FOR DISPUTE RESOLUTION.—If a 
dispute arises with respect to the rules and procedures 
implemented under subsection (a)(5), an invoice or a 
report provided under subsection (b), implementation 
or compliance with the cost methodology policy devel-
oped under section 209 of the Passenger Rail Invest-
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ment and Improvement Act of 2008 (49 U.S.C. 24101 
note) or amended under subsection (a)(7) of this sec-
tion, either Amtrak or the State may request that the 
Surface Transportation Board conduct dispute resolu-
tion under this subsection. 
‘‘(2) PROCEDURES.—The Surface Transportation 
Board shall establish procedures for resolution of dis-
putes brought before it under this subsection, which 
may include provision of professional mediation serv-
ices. 
‘‘(3) BINDING EFFECT.—A decision of the Sur-
face Transportation Board under this subsection shall 
be binding on the parties to the dispute. 
‘‘(4) OBLIGATION.—Nothing in this subsection 
shall affect the obligation of a State to pay an 
amount related to a State-supported route that a 
State sponsors that is not in dispute. 
‘‘(d) ASSISTANCE.— 
‘‘(1) IN GENERAL.—The Secretary may provide 
assistance to the parties in the course of negotiations 
for a contract for operation of a State-supported 
route. 
‘‘(2) 
FINANCIAL
ASSISTANCE.—From 
among 
available funds, the Secretary shall provide— 
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‘‘(A) financial assistance to Amtrak or 1 or 
more States to perform requested independent 
technical analysis of issues before the Committee; 
and 
‘‘(B) administrative expenses that the Sec-
retary determines necessary. 
‘‘(e) PERFORMANCE METRICS.—In negotiating a con-
tract for operation of a State-supported route, Amtrak and 
the State or States that sponsor the route shall consider in-
cluding provisions that provide penalties and incentives for 
performance, including incentives to— 
‘‘(1) increase revenue; 
‘‘(2) reduce costs; 
‘‘(3) finalize contracts by the beginning of the 
Federal fiscal year; and 
‘‘(4) require States to promptly make payments 
for services delivered. 
‘‘(f) STATEMENT OF GOALS AND OBJECTIVES.— 
‘‘(1) IN GENERAL.—The Committee shall develop 
and annually review and update, as necessary, a 
statement of goals, objectives, and associated rec-
ommendations concerning the future of State-sup-
ported routes operated by Amtrak. The statement 
shall identify the roles and responsibilities of Com-
mittee members and any other relevant entities, such 
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as host railroads, in meeting the identified goals and 
objectives, or carrying out the recommendations. The 
statement shall include a list of capital projects, in-
cluding infrastructure, fleet, station, and facility ini-
tiatives, needed to support the growth of State-sup-
ported routes. The Committee may consult with such 
relevant entities, as the Committee considers appro-
priate, when developing the statement. 
‘‘(2) TRANSMISSION OF STATEMENT OF GOALS 
AND OBJECTIVES.—Not later than March 31 of each 
year, the Committee shall submit to the Committee on 
Commerce, Science, and Transportation of the Senate 
and the Committee on Transportation and Infrastruc-
ture of the House of Representatives the most recent 
annual update to the statement developed under para-
graph (1). 
‘‘(g) 
NEW
OR
EXPANDED
STATE-SUPPORTED 
ROUTES.— 
‘‘(1) COORDINATION AND CONSULTATION.—In de-
veloping a new State-supported route or expanding 
an existing State-supported route, Amtrak shall close-
ly coordinate with all States in which such route op-
erates, and shall consult with the following: 
‘‘(A) The local municipalities in which the 
proposed route operates. 
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‘‘(B) Commuter authorities and regional 
transportation authorities (as such terms are de-
fined in section 24102) in the areas proposed to 
be served by such route. 
‘‘(C) The owner of any rail infrastructure 
over which the proposed route operates. 
‘‘(D) Administrator of the Federal Railroad 
Administration. 
‘‘(E) Other stakeholders, as appropriate. 
‘‘(2) STATE
COMMITMENTS.—Notwithstanding 
any other provision of law, before beginning construc-
tion necessary for, or beginning operation of, a State- 
supported route that is initiated or expanded on or 
after the date of enactment of the TRAIN Act, Amtrak 
shall enter into an agreement with the State in which 
the proposed route operates for sharing ongoing oper-
ating costs and capital costs in accordance with— 
‘‘(A) the cost methodology policy described 
under subsection (a)(7); or 
‘‘(B) the alternative cost methodology sched-
ule described in paragraph (3). 
‘‘(3) ALTERNATIVE COST METHODOLOGY.—Under 
the cost methodology schedule described in this para-
graph, with respect to costs not covered by revenues 
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for the operation of a State-supported route, Amtrak 
shall pay— 
‘‘(A) the share Amtrak otherwise would have 
paid under the cost methodology under sub-
section (a); and 
‘‘(B) a percentage of the share that the State 
otherwise would have paid under the cost meth-
odology policy under subsection (a) according to 
the following: 
‘‘(i) Amtrak shall pay up to 100 per-
cent of the capital costs and planning costs 
necessary to initiate a new State-supported 
route or expand an existing State-supported 
route, including planning and development, 
design, and environmental analysis costs, 
prior to beginning operations on the new 
route. 
‘‘(ii) For the first 2 years of operation, 
Amtrak shall pay for 100 percent of oper-
ating costs and capital costs. 
‘‘(iii) For the third year of operation, 
Amtrak shall pay 90 percent of operating 
costs and capital costs and the State shall 
pay the remainder. 
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‘‘(iv) For the fourth year of operation, 
Amtrak shall pay 80 percent of operating 
costs and capital costs and the State shall 
pay the remainder 
‘‘(v) For the fifth year of operation, 
Amtrak shall pay 50 percent of operating 
costs and capital costs and the State shall 
pay the remainder. 
‘‘(vi) For the sixth year of operation 
and thereafter, operating costs and capital 
costs shall be allocated in accordance with 
the cost methodology policy described under 
subsection (a) as applicable. 
‘‘(4) DEFINITIONS.—In this subsection, the terms 
‘capital cost’ and ‘operating cost’ shall apply in the 
same manner as such terms apply under the cost 
methodology policy developed under subsection (a). 
‘‘(h) COST METHODOLOGY UPDATE AND IMPLEMENTA-
TION REPORT.—Not later than 18 months after an updated 
cost methodology policy required under subsection (a)(7)(B) 
is implemented, the Committee shall submit to the Com-
mittee on Transportation and Infrastructure of the House 
of Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate a report assess-
ing the implementation of the updated policy. 
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‘‘(i) IDENTIFICATION OF STATE-SUPPORTED ROUTE 
CHANGES.—Amtrak shall provide an update in the general 
and legislative annual report required by 24315(b) of 
planned or proposed changes to State-supported routes, in-
cluding the introduction of new State-supported routes. In 
identifying routes to be considered planned or proposed 
under this subsection, Amtrak shall— 
‘‘(1) identify the timeframe in which such 
changes could take effect and whether Amtrak has en-
tered into a commitment with a State under sub-
section (g)(2); and 
‘‘(2) consult with the Committee and any addi-
tional States in which a planned or proposed route 
may operate, not less than 120 days before an annual 
grant request is transmitted to the Secretary. 
‘‘(j) RULE OF CONSTRUCTION.—The decisions of the 
Committee— 
‘‘(1) shall pertain to the rail operations of Am-
trak and related activities of trains operated by Am-
trak on State-sponsored routes; and 
‘‘(2) shall not pertain to the rail operations or 
related activities of services operated by other rail 
carriers on State-supported routes. 
‘‘(k) DEFINITION OF STATE.—In this section, the term 
‘State’ means any of the 50 States, including the District 
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of Columbia, that sponsor or propose to sponsor the oper-
ation of trains by Amtrak on a State-supported route, or 
a public entity that sponsors or proposes to sponsor such 
operation on such a route.’’. 
SEC. 9210. AMTRAK POLICE DEPARTMENT. 
(a) DEPARTMENT MISSION.—Not later than 180 days 
after the date of enactment of this Act, Amtrak shall iden-
tify the mission of the Amtrak Police Department (in this 
section referred to as the ‘‘Department’’), including the 
scope of the role and priorities of the Department, in miti-
gating risks to and ensuring the safety and security of Am-
trak passengers, employees, trains, stations, facilities, and 
other infrastructure. In identifying such mission, Amtrak 
shall consider— 
(1) the unique needs of maintaining the safety 
and security of Amtrak’s network; and 
(2) comparable passenger rail systems and the 
mission of the police departments of such rail systems. 
(b) WORKFORCE PLANNING PROCESS.—Not later than 
120 days after identifying the mission of the Department 
under subsection (a), Amtrak shall develop a workforce 
planning process that— 
(1) ensures adequate employment levels and allo-
cation of sworn and civilian personnel, including pa-
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trol officers, necessary for fulfilling the Department’s 
mission; and 
(2) sets performance goals and metrics for the 
Department that align with the mission of the De-
partment and monitors and evaluates the Depart-
ment’s progress toward such goals and metrics. 
(c) CONSIDERATIONS.—In developing the workforce 
planning process under subsection (b), Amtrak shall— 
(1) identify critical positions, skills, and com-
petencies necessary for fulfilling the Department’s 
mission; 
(2) analyze employment levels and ensure that— 
(A) an adequate number of civilian and 
sworn personnel are allocated across the Depart-
ment’s 6 geographic divisions, including patrol 
officers, detectives, canine units, special oper-
ations unit, strategic operations, intelligence, 
corporate security, the Office of Professional Re-
sponsibilities, and the Office of Chief of Polices; 
and 
(B) patrol officers have an adequate pres-
ence on trains and route segments, and in sta-
tions, facilities, and other infrastructure; 
(3) analyze workforce gaps and develop strategies 
to address any such gaps; 
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(4) consider risks, including those identified by 
Amtrak’s triannual risk assessments; 
(5) consider variables, including ridership levels, 
miles of right-of-way, crime data, call frequencies, 
interactions with vulnerable populations, and work-
load, that comparable passenger rail systems with 
similar police departments consider in the develop-
ment of the workforce plans of such systems; and 
(6) consider collaboration or coordination with 
local, State, Tribal, and Federal agencies, and public 
transportation agencies to support the safety and se-
curity of the Amtrak network. 
(d) CONSULTATION.—In carrying out this section, Am-
trak shall consult with the Amtrak Police Labor Committee, 
public safety experts, foreign or domestic entities providing 
passenger rail service comparable to Amtrak, and any other 
relevant entities, as determined by Amtrak. 
(e) REPORTS.— 
(1) REPORT ON MISSION OF DEPARTMENT.—Not 
later than 10 days after Amtrak identifies the mission 
of the Department under subsection (a), Amtrak shall 
submit to the Committee on Transportation and In-
frastructure of the House of Representatives and the 
Committee on Commerce, Science, and Transpor-
tation of the Senate a report containing a description 
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of the mission of the Department and the reasons for 
the content of such mission. 
(2) REPORT
ON
WORKFORCE
PLANNING
PROC-
ESS.—Not later than 10 days after Amtrak completes 
the workforce planning process under subsection (b), 
Amtrak shall submit to the Committee on Transpor-
tation and Infrastructure of the House of Representa-
tives and the Committee on Commerce, Science, and 
Transportation of the Senate a report containing the 
workforce planning process, the underlying data used 
to develop such process, and how such process will 
achieve the Department’s mission. 
SEC. 9211. AMTRAK FOOD AND BEVERAGE. 
(a) AMTRAK FOOD AND BEVERAGE.—Section 24321 of 
title 49, United States Code, is amended to read as follows: 
‘‘§ 24321. Amtrak food and beverage 
‘‘(a) ENSURING ACCESS
TO FOOD
AND BEVERAGE 
SERVICES.—On all long-distance routes, Amtrak shall en-
sure that all passengers who travel overnight on such route 
shall have access to purchasing the food and beverages that 
are provided to sleeping car passengers on such route. 
‘‘(b) FOOD AND BEVERAGE WORKFORCE.— 
‘‘(1) WORKFORCE REQUIREMENT.—Amtrak shall 
ensure that any individual onboard a train who pre-
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pares or provides food and beverages is an Amtrak 
employee. 
‘‘(2) SAVINGS
CLAUSE.—No Amtrak employee 
holding a position as of the date of enactment of the 
TRAIN Act may be involuntarily separated because 
of any action taken by Amtrak to implement this sec-
tion, including any employees who are furloughed as 
a result of the COVID–19 pandemic. 
‘‘(c) SAVINGS CLAUSE.—Amtrak shall ensure that no 
Amtrak employee holding a position as of the date of enact-
ment of the Passenger Rail Reform and Investment Act of 
2015 is involuntarily separated because of the development 
and implementation of the plan required by the amend-
ments made by section 11207 of such Act.’’. 
(b) TECHNICAL AND CONFORMING AMENDMENTS.— 
(1) ANALYSIS.—The item relating to section 
24321 in the analysis for chapter 243 of title 49, 
United States Code, is amended to read as follows: 
‘‘24321. Amtrak food and beverage.’’. 
(2) AMTRAK AUTHORITY.—Section 24305(c)(4) of 
title 49, United States Code, is amended by striking 
‘‘only if revenues from the services each year at least 
equal the cost of providing the services’’. 
(3) CONTRACTING OUT.—Section 121(c) of the 
Amtrak Reform and Accountability Act of 1997 (49 
U.S.C. 24312 note; 111 Stat. 2574) is amended by 
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striking ‘‘, other than work related to food and bev-
erage service,’’. 
(c) 
AMTRAK
FOOD
AND
BEVERAGE
WORKING 
GROUP.— 
(1) ESTABLISHMENT.—Not later than 90 days 
after the date of enactment of this Act, Amtrak shall 
establish a working group (in this subsection referred 
to as the ‘‘Working Group’’) to provide recommenda-
tions on Amtrak onboard food and beverage services. 
(2) MEMBERSHIP.—The Working Group shall 
consist of— 
(A) an equal number of individuals rep-
resenting— 
(i) Amtrak; 
(ii) 
the 
labor 
organizations 
rep-
resenting Amtrak employees who prepare or 
provide onboard food and beverage services; 
(iii) the State-Supported Route Com-
mittee established by section 24712; and 
(iv) 
nonprofit 
organizations 
rep-
resenting Amtrak passengers; and 
(B) an individual with culinary or hospi-
tality expertise agreed to by the members under 
clauses (i) through (iv) of subparagraph (A). 
(3) RECOMMENDATIONS.— 
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(A) IN
GENERAL.—The Working Group 
shall develop recommendations to increase rider-
ship and improve customer satisfaction by— 
(i) promoting collaboration and en-
gagement between Amtrak, Amtrak pas-
sengers, and Amtrak employees preparing 
or providing onboard food and beverage 
services, prior to Amtrak implementing 
changes to onboard food and beverage serv-
ices; 
(ii) improving onboard food and bev-
erage services; and 
(iii) improving solicitation, reception, 
and consideration of passenger feedback re-
garding onboard food and beverage services. 
(B) CONSIDERATIONS.—In developing the 
recommendations under subparagraph (A), the 
Working Group shall consider— 
(i) the healthfulness of onboard food 
and beverages offered, including the ability 
of passengers to address dietary restrictions; 
(ii) the preparation and delivery of on-
board food and beverages; 
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(iii) the differing needs of passengers 
traveling on long-distance routes, State-sup-
ported routes, and the Northeast Corridor; 
(iv) the reinstatement of the dining car 
service on long-distance routes; 
(v) Amtrak passenger survey data 
about the food and beverages offered on Am-
trak trains; and 
(vi) any other issue the Working Group 
determines appropriate. 
(4) REPORTS.— 
(A) INITIAL
REPORT.—Not later than 1 
year after the date on which the Working Group 
is established, the Working Group shall submit to 
the Board of Directors of Amtrak, the Committee 
on Transportation and Infrastructure of the 
House of Representatives, and the Committee on 
Commerce, Science, and Transportation of the 
Senate a report containing the recommendations 
developed under paragraph (3). 
(B) SUBSEQUENT REPORT.—Not later than 
30 days after the date on which the Working 
Group submits the report required under sub-
paragraph (A), Amtrak shall submit to the Com-
mittee on Transportation and Infrastructure of 
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the House of Representatives and the Committee 
on Commerce, Science, and Transportation of 
the Senate a report on whether Amtrak agrees 
with the recommendations of the Working Group 
and describing any plans to implement such rec-
ommendations. 
(5) PROHIBITION ON FOOD AND BEVERAGE SERV-
ICE CHANGES.—During the period beginning on the 
date of enactment of this Act and ending 30 days 
after the date on which Amtrak submits the report re-
quired under paragraph (4)(B), Amtrak may not 
make large-scale, structural changes to existing on-
board food and beverage services, except that Amtrak 
shall reverse any changes to onboard food and bev-
erage service made in response to the COVID–19 pan-
demic as Amtrak service is restored. 
(6) TERMINATION.—The Working Group shall 
terminate on the date on which Amtrak submits the 
report required under paragraph (4)(B), except that 
Amtrak may extend such date by up to 1 year if Am-
trak determines that the Working Group is beneficial 
to Amtrak in making decisions related to onboard 
food and beverage services. If Amtrak extends such 
date, Amtrak shall include notification of the exten-
sion in the report required under paragraph (4)(B). 
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(7) NONAPPLICABILITY
OF
FEDERAL
ADVISORY 
COMMITTEE ACT.—The Federal Advisory Committee 
Act (5 U.S.C. App.) does not apply to the Working 
Group established under this section. 
(8) LONG-DISTANCE
ROUTE; NORTHEAST
COR-
RIDOR; AND STATE-SUPPORTED ROUTE DEFINED.—In 
this subsection, the terms ‘‘long-distance route’’, 
‘‘Northeast Corridor’’, and ‘‘State-supported route’’ 
have the meaning given those terms in section 24102 
of title 49, United States Code. 
SEC. 9212. CLARIFICATION ON AMTRAK CONTRACTING OUT. 
(a) FURLOUGHED WORK.—Section 121 of the Amtrak 
Reform and Accountability Act of 1997 (49 U.S.C. 24312 
note; 111 Stat. 2574) is amended by striking subsection (d) 
and inserting the following: 
‘‘(d) FURLOUGHED WORK.—Amtrak may not contract 
out work within the scope of work performed by an em-
ployee in a bargaining unit covered by a collective bar-
gaining agreement entered into between Amtrak and an or-
ganization representing Amtrak employees during the pe-
riod of time such employee has been laid off involuntarily 
if such employee— 
‘‘(1) is eligible and qualified under the agree-
ment to perform such work in accordance with the se-
niority of such employee; and 
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‘‘(2) has not been provided an opportunity to be 
recalled to perform such work. 
‘‘(e) AGREEMENT PROHIBITIONS
ON CONTRACTING 
OUT.—This section does not— 
‘‘(1) supersede a prohibition or limitation on 
contracting out work covered by an agreement entered 
into between Amtrak and an organization rep-
resenting Amtrak employees; or 
‘‘(2) prohibit Amtrak and an organization rep-
resenting Amtrak employees from entering into an 
agreement that allows for contracting out the work of 
a furloughed employee that would otherwise be prohib-
ited under subsection (d).’’. 
(b) WORKFORCE PLAN.—Section 24320(c)(2) of title 
49, United State Code, is amended— 
(1) in subparagraph (C)(iii)(III) by striking 
‘‘and’’ at the end; 
(2) by redesignating subparagraph (D) as sub-
paragraph (E); and 
(3) by inserting after subparagraph (C) the fol-
lowing: 
‘‘(D) a summary of Amtrak’s plan to meet 
the workforce needs of each asset category, which 
shall— 
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‘‘(i) identify any gaps in Amtrak’s 
workforce, including any vacancy, skill gap, 
or shortage of qualified personnel; 
‘‘(ii) summarize any action Amtrak is 
taking to address any such gaps; and 
‘‘(iii) 
summarize 
any 
anticipated 
change to the size of the Amtrak workforce 
and any cause for such change; and’’. 
SEC. 9213. AMTRAK STAFFING. 
Section 24312 of title 49, United States Code, is 
amended by adding at the end the following: 
‘‘(c) CALL CENTER STAFFING.— 
‘‘(1) OUTSOURCING.—Amtrak may not renew or 
enter into a contract to outsource call center customer 
service work on behalf of Amtrak, including through 
a business process outsourcing group. 
‘‘(2) TRAINING.—Amtrak shall make available 
appropriate training programs to any Amtrak call 
center employee carrying out customer service activi-
ties using telephone or internet platforms. 
‘‘(d) STATION AGENT STAFFING.— 
‘‘(1) IN GENERAL.—Amtrak shall ensure that at 
least one Amtrak ticket agent is employed at each sta-
tion building where at least one Amtrak ticket agent 
was employed on or after October 1, 2017. 
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‘‘(2) LOCATIONS.—Amtrak shall ensure that at 
least one Amtrak ticket agent is employed at each sta-
tion building— 
‘‘(A) that Amtrak owns, or operates service 
through, as part of a passenger service route; and 
‘‘(B) for which the number of passengers 
boarding or deboarding an Amtrak long-distance 
train in the previous fiscal year exceeds the aver-
age of at least 40 passengers per day over all 
days in which the station was serviced by Am-
trak, regardless of the number of Amtrak vehicles 
servicing the station per day. For fiscal year 
2021, ridership from fiscal year 2019 shall be 
used to determine qualifying stations. 
‘‘(3) EXCEPTION.—This subsection does not 
apply to any station building in which a commuter 
rail ticket agent has the authority to sell Amtrak tick-
ets. 
‘‘(4) AMTRAK TICKET AGENT.—For purposes of 
this section, the term ‘Amtrak ticket agent’ means an 
Amtrak employee with authority to sell Amtrak tick-
ets onsite and assist in the checking of Amtrak pas-
senger baggage. 
‘‘(5) EFFECTIVE
DATE.—This subsection shall 
take effect on the earlier of— 
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‘‘(A) the date of the expiration of the emer-
gency declaration issued by the President on 
March 13, 2020, pursuant to section 501(b) of 
the Robert T. Stafford Disaster Relief and Emer-
gency Assistance Act (42 U.S.C. 5191(b)); or 
‘‘(B) the day after the period that is the 
first 6 consecutive months within a calendar 
year for which Amtrak ridership exceeds the Am-
trak ridership for the same 6 consecutive cal-
endar months in 2019.’’. 
SEC. 9214. SPECIAL TRANSPORTATION. 
Section 24307(a) of title 49, United States Code, is 
amended— 
(1) in the matter preceding paragraph (1) by 
striking ‘‘for the following:’’ and inserting ‘‘of at least 
a 10 percent discount on full-price coach class rail 
fares for, at a minimum—’’; 
(2) in paragraph (1) by striking the period at 
the end and inserting a semicolon; and 
(3) by striking paragraph (2) and inserting the 
following: 
‘‘(2) individuals of 12 years of age or younger; 
‘‘(3) individuals with a disability, as such term 
is defined in section 3 of the Americans with Disabil-
ities Act of 1990 (42 U.S.C. 12102); 
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‘‘(4) members of the Armed Forces on active duty 
(as those terms are defined in section 101 of title 10) 
and their spouses and dependents with valid identi-
fication; 
‘‘(5) veterans (as that term is defined in section 
101 of title 38) with valid identification; and 
‘‘(6) individuals attending federally accredited 
postsecondary education institutions with valid stu-
dent identification cards.’’. 
SEC. 9215. DISASTER AND EMERGENCY RELIEF PROGRAM. 
(a) IN GENERAL.—Chapter 243 of title 49, United 
States Code, is further amended by adding at the end the 
following: 
‘‘§ 24324. Disaster and emergency relief program 
‘‘(a) IN GENERAL.—The Secretary of Transportation 
may make grants to Amtrak for— 
‘‘(1) capital projects to repair, reconstruct, or re-
place equipment, infrastructure, stations, and other 
facilities that the Secretary determines are in danger 
of suffering serious damage, or have suffered serious 
damage, as a result of an emergency event; 
‘‘(2) offset revenue lost as a result of such an 
event; and 
‘‘(3) support continued operations following 
emergency events. 
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tation of the Senate a report that identifies opportu-
nities to further increase Amtrak’s use of carbon-free 
and renewable energy for train traction power needs 
and facility power needs.’’. 
(b) CLERICAL AMENDMENT.—The analysis for chapter 
243 of title 49, United States Code, is further amended by 
adding at the end the following: 
‘‘24327. Amtrak carbon-free and renewable energy initiatives.’’. 
TITLE III—INTERCITY 
PASSENGER RAIL POLICY 
SEC. 9301. NORTHEAST CORRIDOR COMMISSION. 
Section 24905 of title 49, United States Code, is 
amended— 
(1) in subsection (a)(1)— 
(A) in subparagraph (A) by striking ‘‘mem-
bers’’ and inserting ‘‘4 members’’; 
(B) in subparagraph (B) by striking ‘‘mem-
bers’’ and inserting ‘‘5 members’’; and 
(C) in subparagraph (D) by striking ‘‘and 
commuter railroad carriers using the Northeast 
Corridor selected by the Secretary’’ and inserting 
‘‘railroad carriers and commuter authorities 
using the Northeast Corridor, as determined by 
the Commission’’; 
(2) by striking paragraph (2) of subsection (a) 
and inserting the following: 
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