1278 
‘‘(b) COORDINATION OF EMERGENCY FUNDS.—Funds 
made available to carry out this section shall be in addition 
to any other funds available and shall not affect the ability 
of Amtrak to use any other funds otherwise authorized by 
law. 
‘‘(c) GRANT CONDITIONS.—Grants made under this 
subsection (a) shall be subject to section 22905(c)(2)(A) and 
other such terms and conditions as the Secretary determines 
necessary. 
‘‘(d) DEFINITION OF EMERGENCY EVENT.—In this sec-
tion, the term ‘emergency event’ has the meaning given such 
term in section 20103.’’. 
(b) CLERICAL AMENDMENT.—The analysis for chapter 
243 of title 49, United States Code, is further amended by 
adding at the end the following: 
‘‘24324. Disaster and emergency relief program.’’. 
SEC. 9216. ACCESS TO RECREATIONAL TRAILS. 
Section 24315 of title 49, United States Code, is 
amended by adding at the end the following: 
‘‘(i) ACCESS TO RECREATIONAL TRAILS.—At least 30 
days before implementing a new policy, structure, or oper-
ation that impedes access to recreational trails, Amtrak 
shall work with potentially affected communities, making 
a good-faith effort to address local concerns about such ac-
cess. Not later than February 15 of each year, Amtrak shall 
submit to the Committee on Transportation and Infrastruc-
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ture of the House of Representatives and the Committee on 
Environment and Public Works of the Senate a report on 
any such engagement in the preceding calendar year, and 
any changes to policies, structures, or operations affecting 
access to recreational trails that were considered or made 
as a result. The report shall include Amtrak’s plans to miti-
gate the impact to such access.’’. 
SEC. 9217. AMTRAK CYBERSECURITY ENHANCEMENT AND 
RESILIENCY GRANT PROGRAM. 
(a) IN GENERAL.—Chapter 243 of title 49, United 
States Code, is further amended by adding at the end the 
following: 
‘‘§ 24325. Amtrak cybersecurity enhancement and re-
siliency grant program 
‘‘(a) IN GENERAL.—The Secretary of Transportation 
shall make grants to Amtrak for improvements in informa-
tion technology systems, including cyber resiliency improve-
ments for Amtrak information technology assets. 
‘‘(b) APPLICATION OF BEST PRACTICES.—Any cyber 
resiliency improvements carried out with a grant under this 
section shall be consistent with cybersecurity industry best 
practices and publications issued by the National Institute 
of Standards and Technology. 
‘‘(c) COORDINATION
OF CYBERSECURITY FUNDS.— 
Funds made available to carry out this section shall be in 
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addition to any other Federal funds and shall not affect 
the ability of Amtrak to use any other funds otherwise au-
thorized by law for purposes of enhancing the cybersecurity 
architecture of Amtrak. 
‘‘(d) GRANT CONDITIONS.—In carrying out this sec-
tion— 
‘‘(1) to the extent practicable, the Secretary shall 
provide grants consistent with the process established 
under section 24319; 
‘‘(2) the Secretary shall ensure that a grant 
made available under this section shall be adminis-
tered and disbursed as part of Amtrak’s annual grant 
agreement as authorized by section 24319(d)(1)(B); 
and 
‘‘(3) a grant made under this section shall be 
subject to such terms and conditions as the Secretary 
determines necessary.’’. 
(b) CLERICAL AMENDMENT.—The analysis for chapter 
243 of title 49, United States Code, is further amended by 
adding at the end the following: 
‘‘24325. Amtrak cybersecurity enhancement and resiliency grant program.’’. 
SEC. 9218. AMTRAK AND PRIVATE CARS. 
(a) SENSE OF CONGRESS.—It is the sense of Congress 
that private cars and charter trains can— 
(1) improve Amtrak’s financial performance, 
particularly on the long-distance routes; 
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(2) have promotional value for Amtrak that re-
sults in future travel on Amtrak trains by passengers 
made aware of Amtrak as a result; 
(3) support private-sector jobs, including for me-
chanical work and on-board services; and 
(4) provide good-will benefits to Amtrak. 
(b) POLICY REVIEW.—Amtrak shall review the policy 
changes since January 1, 2018, that have caused significant 
changes to the relationship between Amtrak and private car 
owners and charter train services and evaluate opportuni-
ties to strengthen these services, including by reinstating 
some access points and restoring flexibility to charter-train 
policies. For charter trains, private cars, and package ex-
press carried on regular Amtrak trains, consistent with 
sound business practice, Amtrak should recover direct costs 
plus a reasonable profit margin. 
SEC. 9219. AMTRAK OFFICE OF COMMUNITY OUTREACH. 
(a) IN GENERAL.—Chapter 243 of title 49, United 
States Code, is further amended by adding at the end the 
following new section: 
‘‘§ 24326. Amtrak Office of Community Outreach 
‘‘(a) IN GENERAL.—Not later than 180 days after the 
date of enactment of the TRAIN Act, Amtrak shall establish 
an Office of Community Outreach to engage with commu-
nities impacted by Amtrak operations. 
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‘‘(b) RESPONSIBILITIES.—The Office of Community 
Outreach shall be responsible for— 
‘‘(1) outreach and engagement with— 
‘‘(A) local officials before capital improve-
ment project plans are finalized; and 
‘‘(B) local stakeholders and relevant organi-
zations on projects of community significance; 
‘‘(2) clear explanation and publication of how 
community members can communicate with Amtrak; 
‘‘(3) the use of virtual public involvement, social 
media, and other web-based tools to encourage public 
participation and solicit public feedback; and 
‘‘(4) making publicly available on the website of 
Amtrak, planning documents for proposed and imple-
mented capital improvement projects. 
‘‘(c) REPORT TO CONGRESS.—Not later than 1 year 
after the establishment of the Office of Community Out-
reach, and annually thereafter, Amtrak shall submit to the 
Committee on Transportation and Infrastructure in the 
House of Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate a report that— 
‘‘(1) describes the community outreach efforts un-
dertaken by the Amtrak Office of Community Out-
reach for the previous year; and 
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‘‘(2) identifies changes Amtrak made to capital 
improvement project plans after engagement with af-
fected communities.’’. 
(b) CLERICAL AMENDMENT.—The analysis for chapter 
243 of title 49, United States Code, is further amended by 
adding at the end the following: 
‘‘24326. Amtrak Office of Community Outreach.’’. 
SEC. 9220. LONG-DISTANCE CUSTOMER ENHANCEMENT 
PROGRAM. 
(a) AUTHORIZATION.—Amtrak shall expend not less 
than 2.5 percent of the amounts appropriated in each fiscal 
year pursuant to section 9101(a)(2) to enhance the customer 
experience on Amtrak long-distance routes. 
(b) ELIGIBILITY.—Projects and initiatives to serve the 
following purposes, including planning and development, 
are eligible to be implemented by Amtrak under this section: 
(1) Rolling stock interior refreshes and redesigns. 
(2) Food and beverage service improvements con-
sistent with section 24321 of title 49, United States 
Code. 
(3) Wi-Fi service expansion and improvement. 
(4) Enhanced customer experience at stations. 
(5) Other customer enhancement initiatives de-
veloped by Amtrak, including initiatives developed in 
accordance with subsection (c). 
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(c) CONSULTATION.—Not later than 90 days after the 
date of enactment of this Act, and subsequently on a peri-
odic basis, Amtrak shall consult with appropriate States, 
local governments, labor organizations representing rail-
road employees, and national associations that represent 
rail passengers on ways to enhance the customer experience 
on long-distance routes. 
(d) USE OF FUNDS FOR OTHER PURPOSES.—Amtrak 
may use funds provided under this section for purposes re-
lated to long-distance route service other than those listed 
in subsection (b) if— 
(1) Amtrak determines the use of funds is nec-
essary to— 
(A) improve the safety of long-distance 
route operations; or 
(B) maintain continued operation or service 
levels of any such route; and 
(2) not later than 10 days of the repurposing of 
such funds, Amtrak submits to the Secretary, the 
Committee on Transportation and Infrastructure and 
the Committee on Appropriations of the House of 
Representatives, and the Committee on Commerce, 
Science, and Transportation, and the Committee on 
Appropriations of the Senate, a report that in-
cludes— 
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(A) the amount of funds repurposed for a 
use described in this subsection, and 
(B) the reason for the repurposing of such 
funds. 
(e) LONG-DISTANCE ROUTE DEFINED.—In this sec-
tion, the term ‘‘long-distance route’’ has the meaning given 
the term in section 24102 of title 49, United States Code. 
SEC. 9221. AMTRAK CARBON-FREE AND RENEWABLE EN-
ERGY INITIATIVES. 
(a) IN GENERAL.—Chapter 243 of title 49, United 
States Code, is further amended by adding at the end the 
following new section: 
‘‘§ 24327. Amtrak carbon-free and renewable energy 
initiatives 
‘‘(a) EMISSIONS REDUCTION AND ENERGY PLAN.— 
‘‘(1) IN GENERAL.—Not later than 1 year after 
the date of enactment of the TRAIN Act, Amtrak 
shall— 
‘‘(A) develop a greenhouse gas emissions re-
duction and energy plan that sets forth a goal of, 
a strategy for achieving, and potential timelines 
and funding requirements for— 
‘‘(i) becoming a net-zero carbon emis-
sions transportation provider; and 
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‘‘(ii) achieving net-zero carbon emis-
sions with respect to Amtrak operations 
within the Northeast Corridor; 
‘‘(B) submit the plan to the Secretary of 
Transportation, the Committee on Transpor-
tation and Infrastructure of the House of Rep-
resentatives, and the Committee on Commerce, 
Science, and Transportation of the Senate; and 
‘‘(C) publish the plan on Amtrak’s website. 
‘‘(2) ADDITIONAL REQUIREMENTS.—The plan de-
veloped under paragraph (1) shall contain— 
‘‘(A) at least 1 option for becoming a net- 
zero carbon emissions transportation provider 
not later than January 1, 2035; and 
‘‘(B) at least 1 option for achieving net-zero 
carbon emissions with respect to Amtrak oper-
ations within the Northeast Corridor not later 
than January 1, 2030. 
‘‘(3) ANNUAL PROGRESS REPORTS.— 
‘‘(A) IN GENERAL.—After submission and 
publication of the plan developed under para-
graph (1), Amtrak shall include in each general 
and legislative annual report required under sec-
tion 24315(b), an update on Amtrak’s progress 
towards— 
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‘‘(i) becoming a net-zero carbon emis-
sions transportation provider; and 
‘‘(ii) achieving net-zero carbon emis-
sions with respect to Amtrak operations 
within the Northeast Corridor. 
‘‘(B) LEGISLATIVE
RECOMMENDATIONS.— 
The update required under subparagraph (A) 
may include recommendations for legislative 
changes or changes to funding levels likely to in-
crease the rate of Amtrak’s progress. 
‘‘(b) CARBON-FREE AND RENEWABLE ENERGY USE.— 
‘‘(1) ENERGY SOURCE REQUIREMENT.—Not later 
than 180 days after the date of enactment of the 
TRAIN Act, Amtrak shall ensure that any new or re-
newed contract between Amtrak and a provider of 
electricity that is used to meet the needs of train trac-
tion power or rail facility power requires that an 
amount equal to or greater that 25 percent of such 
electricity is derived from carbon-free or renewable 
energy sources. 
‘‘(2) INCREASED ENERGY SOURCE GOALS.—Am-
trak shall establish goals for increasing the energy 
source requirements described in paragraph (1), in-
cluding a goal of requiring— 
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‘‘(A) at least 50 percent of electricity de-
rived from such sources for new or renewed con-
tracts entered into beginning 5 years after the 
date of enactment of the TRAIN Act; and 
‘‘(B) 100 percent of electricity derived from 
such sources for new or renewed contracts entered 
into on or after January 1, 2030. 
‘‘(3) EXCEPTIONS.—The requirements of para-
graph (1) shall not apply in any case in which— 
‘‘(A) no provider of electricity is able to 
provide the necessary levels of carbon-free or re-
newable energy; 
‘‘(B) compliance with such requirements 
would adversely affect Amtrak’s operations or 
quality of service to an unreasonable degree; or 
‘‘(C) compliance with such requirements 
would cause an increase of at least 50 percent in 
total cost of electricity, as compared to the total 
cost of electricity Amtrak would otherwise have 
acquired. 
‘‘(4) REPORT.—Not later than 1 year after the 
date of enactment of the TRAIN Act, Amtrak shall 
submit to the Committee on Transportation and In-
frastructure of the House of Representatives and the 
Committee on Commerce, Science, and Transpor-
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‘‘(2) At least two of the members described in 
paragraph (1)(B) shall be career appointees, as such 
term is defined in section 3132(a) of title 5.’’; 
(3) in subsection (b)(3)(B)— 
(A) in clause (i) by inserting ‘‘, including 
ridership trends,’’ before ‘‘along the Northeast 
Corridor’’; 
(B) in clause (ii) by striking ‘‘capital in-
vestment plan described in section 24904.’’ and 
inserting ‘‘first year of the capital investment 
plan described in section 24904; and’’; and 
(C) by adding at the end the following: 
‘‘(iii) progress in assessing and elimi-
nating the state-of-good-repair backlog.’’; 
(4) in subsection (c)— 
(A) by striking ‘‘(1) DEVELOPMENT’’ and 
all that follows through ‘‘standardized policy’’ 
and inserting the following: 
‘‘(1) POLICY.—The Commission shall— 
‘‘(A) maintain and update, as appropriate, 
the ‘Northeast Corridor Commuter and Intercity 
Rail Cost Allocation Policy’ approved on Sep-
tember 17, 2015,’’; 
(B) in paragraph (1)— 
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(i) in subparagraph (B) by striking ‘‘a 
proposed timetable for implementing’’ and 
inserting ‘‘timetables for implementing and 
maintaining’’; 
(ii) in subparagraph (C) by striking 
‘‘the policy and the timetable’’ and insert-
ing ‘‘updates to the policy and the time-
tables’’; and 
(iii) by striking subparagraph (D) and 
inserting the following: 
‘‘(D) support the efforts of the members of 
the Commission to implement the policy in ac-
cordance with such timetables; and’’; 
(C) in paragraph (2)— 
(i) by striking the first sentence and 
inserting ‘‘In accordance with the timetable 
developed in paragraph (1), Amtrak and 
commuter authorities on the Northeast Cor-
ridor shall implement the policy developed 
under paragraph (1) in agreements for 
usage of facilities or services.’’; 
(ii) by striking ‘‘fail to implement such 
new agreements’’ and inserting ‘‘fail to im-
plement the policy’’; and 
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(iii) by striking ‘‘paragraph (1)(A), as 
applicable’’ and inserting ‘‘paragraph (1)’’; 
and 
(D) in paragraph (4) by striking ‘‘public 
authorities providing commuter rail passenger 
transportation’’ and inserting ‘‘commuter au-
thorities’’; 
(5) by striking subsection (d); 
(6) by redesignating subsection (e) as subsection 
(d); and 
(7) in paragraph (1)(D) of subsection (d) (as re-
designated by paragraph (6)) by striking ‘‘commuter 
rail agencies’’ and inserting ‘‘commuter authorities’’. 
SEC. 9302. NORTHEAST CORRIDOR PLANNING. 
(a) IN GENERAL.—Section 24904 of title 49, United 
States Code, is amended— 
(1) by redesignating subsection (e) as subsection 
(f); 
(2) by striking subsection (c); 
(3) by redesignating subsections (a) and (b) as 
subsections (b) and (c), respectively; 
(4) by inserting before subsection (b), as so redes-
ignated, the following: 
‘‘(a) SERVICE DEVELOPMENT PLAN.— 
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‘‘(1) REQUIREMENT.—Not later than December 
31, 2021, the Northeast Corridor Commission estab-
lished under section 24905 (referred to in this section 
as the ‘Commission’) shall submit to Congress a serv-
ice development plan that identifies key state-of-good- 
repair, capacity expansion, and capital improvement 
projects planned for the Northeast Corridor, to up-
grade aging infrastructure and improve the reli-
ability, capacity, connectivity, performance, and re-
siliency of passenger rail service on the Northeast 
Corridor. 
‘‘(2) CONTENTS.—The service development plan 
required under paragraph (1) shall— 
‘‘(A) provide a coordinated and consensus- 
based plan covering a period of 15 years; 
‘‘(B) identify service objectives and capital 
investments needs; 
‘‘(C) provide a delivery-constrained strategy 
that identifies capital investment phasing, an 
evaluation of workforce needs, and strategies for 
managing resources and mitigating construction 
impacts on operations; 
‘‘(D) describe the anticipated outcomes of 
each project or program, including an assess-
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ment of improved capacity, travel time, and 
other benefits and costs of proposed investments; 
‘‘(E) include a financial strategy that in-
corporates available funding and identifies fund-
ing needs and potential sources of such funding; 
and 
‘‘(F) be updated at least every 5 years.’’; 
(5) in subsection (b) (as redesignated by para-
graph (3))— 
(A) in paragraph (1)— 
(i) in the matter preceding subpara-
graph (A) by striking ‘‘Not later than’’ and 
all that follows through ‘‘shall’’ and insert-
ing ‘‘Not later than November 1 of each 
year, the Commission shall’’; 
(ii) in subparagraph (A) by striking 
‘‘a capital investment plan’’ and inserting 
‘‘an annual capital investment plan’’; and 
(iii) in subparagraph (B) by inserting 
‘‘for the Northeast Corridor’’ after ‘‘capital 
investment plan’’; 
(B) in paragraph (1)— 
(i) in subparagraph (A) by striking ‘‘a 
capital investment plan’’ and inserting ‘‘an 
annual capital investment plan’’; and 
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(ii) in subparagraph (B) by inserting 
‘‘for the Northeast Corridor’’ after ‘‘capital 
investment plan’’; 
(C) in paragraph (2)— 
(i) in subparagraph (A) by striking 
‘‘and network optimization’’; 
(ii) in subparagraph (B) by striking 
‘‘and service’’; 
(iii) in subparagraph (C) by striking 
‘‘first fiscal year after the date on which’’ 
and inserting ‘‘fiscal year during which’’; 
(iv) in subparagraph (D)— 
(I) 
by 
striking 
‘‘identify, 
prioritize,’’ 
and 
all 
that 
follows 
through ‘‘and consider’’ and inserting 
‘‘document the projects and programs 
being undertaken to achieve the service 
outcomes identified in the Northeast 
Corridor service development plan, 
once available, and the asset condition 
needs identified in the Northeast Cor-
ridor asset management system de-
scribed in subsection (e) and consider’’; 
and 
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(II) in clause (i) by inserting 
‘‘overall estimated’’ before ‘‘benefits’’; 
(v) in subparagraph (E)(i) by striking 
‘‘normalized capital replacement and’’; 
(vi) in subparagraph (F) by adding 
‘‘and’’ at the end; 
(vii) by striking subparagraph (G); 
and 
(viii) by redesignating subparagraph 
(H) as subparagraph (G); and 
(D) in paragraph (3)— 
(i) by striking ‘‘paragraph (2)(H)’’ 
and inserting ‘‘paragraph (2)(G)’’; 
(ii) in subparagraph (A)— 
(I) by inserting ‘‘anticipated’’ be-
fore ‘‘funding sources’’; and 
(II) by inserting ‘‘and, in the ab-
sence of an authorization or appro-
priation of funds for a fiscal year, be 
based on the amount of funding avail-
able in the previous fiscal year, plus 
inflation’’ after ‘‘methods’’; 
(iii) in subparagraph (B) by striking 
‘‘expected allocated shares of costs’’ and in-
serting ‘‘status of cost sharing agreements’’; 
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(iv) in subparagraph (C) by striking 
‘‘and’’ at the end; 
(v) by redesignating subparagraph (D) 
as subparagraph (E); and 
(vi) by inserting after subparagraph 
(C) the following: 
‘‘(D) include any funding needs in excess of 
amounts authorized or otherwise available in a 
fiscal year; and’’; 
(6) in subsection (c) (as redesignated by para-
graph (3)) by striking ‘‘may be spent only on’’ and 
all that follows through the end and inserting ‘‘may 
be spent only on capital projects and programs con-
tained in the Commission’s capital investment plan 
from the previous year.’’; and 
(7) by striking subsection (d) and inserting the 
following: 
‘‘(d) REVIEW AND COORDINATION.—The Commission 
shall gather information from Amtrak, the States in which 
the Northeast Corridor is located, and commuter rail au-
thorities to support development of the capital investment 
plan. The Commission may specify a format and other cri-
teria for the information submitted. Submissions to the 
plan from Amtrak, States in which the Northeast Corridor 
are located, and commuter rail authorities shall be provided 
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to the Commission in a manner that allows for a reasonable 
period of review by, and coordination with, affected agen-
cies. 
‘‘(e) NORTHEAST CORRIDOR ASSET MANAGEMENT.— 
With regard to existing infrastructure, Amtrak and other 
infrastructure owners that provide or support intercity rail 
passenger transportation on the Northeast Corridor shall 
develop an asset management system, and use and update 
such system as necessary, to develop submissions to the 
Northeast Corridor capital investment plan described in 
subsection (b). Such system shall— 
‘‘(1) be timed consistent with the Federal Transit 
Administration process, as authorized under section 
5326, when implemented; and 
‘‘(2) include, at a minimum— 
‘‘(A) an inventory of all capital assets 
owned by the developer of the plan; 
‘‘(B) an assessment of asset condition; 
‘‘(C) a description of the resources and 
processes necessary to bring or maintain those 
assets in a state of good repair; and 
‘‘(D) a description of changes in asset con-
dition since the previous version of the plan.’’. 
(b) CONFORMING AMENDMENTS.— 
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(1) ACCOUNTS.—Section 24317(d)(1) of title 49, 
United States Code, is amended— 
(A) in subparagraph (B) by striking 
‘‘24904(a)(2)(E)’’ 
and 
inserting 
‘‘24904(b)(2)(E)’’; and 
(B) in subparagraph (F) by striking 
‘‘24904(b)’’ and inserting ‘‘24904(c)’’. 
(2) FEDERAL-STATE
PARTNERSHIP
FOR
STATE 
OF GOOD REPAIR.—Section 24911(e)(2) of title 49, 
United 
States 
Code, 
is 
amended 
by 
striking 
‘‘24904(a)’’ and inserting ‘‘24904(b)’’. 
SEC. 9303. PROTECTIVE ARRANGEMENTS. 
Section 22905 of title 49, United States Code, is 
amended— 
(1) in subsection (c)(2)(B) by striking ‘‘that are 
equivalent to the protective arrangements established 
under section 504 of the Railroad Revitalization and 
Regulatory Reform Act of 1976 (45 U.S.C. 836)’’ and 
inserting ‘‘established by the Secretary under sub-
section (e)(1)’’; 
(2) by redesignating subsections (e) and (f) as 
subsections (f) and (g), respectively; and 
(3) by inserting after subsection (d) the fol-
lowing: 
‘‘(e) EQUIVALENT EMPLOYEE PROTECTIONS.— 
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‘‘(1) ESTABLISHMENT.—Not later than 90 days 
after the date of enactment of this subsection, the Ad-
ministrator of the Federal Railroad Administration 
shall establish protective arrangements equivalent to 
those established under section 504 of the Railroad 
Revitalization and Regulatory Reform Act of 1976 
(45 U.S.C. 836), and require such protective arrange-
ments to apply to employees described under sub-
section (c)(2)(B) and as required under subsection (j) 
of section 22907. 
‘‘(2) PUBLICATION.—The Administrator shall 
make available on a publicly available website the 
protective arrangements established under paragraph 
(1).’’. 
SEC. 9304. INTERSTATE RAIL COMPACTS. 
(a) IDENTIFICATION.—Section 410 of the Amtrak Re-
form and Accountability Act of 1997 (Public Law 105–134; 
49 U.S.C. 24101 note) is amended— 
(1) in subsection (b)(2) by striking ‘‘(except 
funds made available for Amtrak)’’; and 
(2) by adding at the end the following: 
‘‘(c) INTERSTATE RAIL COMPACTS PROGRAM.—The 
Secretary of Transportation shall— 
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‘‘(1) make available on a publicly accessible 
website a list of interstate rail compacts established in 
accordance with subsection (a); 
‘‘(2) provide information to the public regarding 
interstate rail compacts, including how States may 
establish interstate rail compacts under subsection 
(a); and 
‘‘(3) annually update the information provided 
under paragraph (2).’’. 
(b) GRANTS AUTHORIZED.—Chapter 229 of title 49, 
United States Code, is further amended by adding at the 
end the following: 
‘‘§ 22910. Interstate rail compacts support program 
‘‘(a) IN GENERAL.—The Secretary shall develop and 
implement a competitive grant program for providing ad-
ministrative assistance, including salaries, benefits, travel, 
and other administrative expenses, to eligible applicants to 
support interstate and regional efforts— 
‘‘(1) to improve the safety, efficiency, or reli-
ability of intercity passenger rail; and 
‘‘(2) to promote and develop intercity passenger 
rail service, including through initiating, restoring, 
or enhancing intercity passenger rail service. 
‘‘(b) APPLICANT SELECTION CRITERIA.— 
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‘‘(1) IN GENERAL.—In awarding grants under 
this section, the Secretary shall consider— 
‘‘(A) the amount of other funding received 
by an applicant (including funding from rail-
roads) or other significant participation by 
State, local, and regional governmental and pri-
vate entities; 
‘‘(B) the applicant’s work to facilitate and 
encourage regional planning for passenger rail 
improvement, enhancement, and development; 
‘‘(C) the applicant’s work to foster, through 
rail transportation systems, economic develop-
ment, particularly in rural communities, for so-
cially disadvantaged individuals, and for dis-
advantaged populations; 
‘‘(D) the applicant’s efforts to provide guid-
ance to local communities on public and private 
resources relate to community concerns, such as 
congestion, rail and grade crossing safety, tres-
passer prevention, quiet zones, idling, and rail 
line relocations; 
‘‘(E) whether the applicant seeks to restore 
service over routes formerly operated by Amtrak, 
including routes described in section 11304(a) of 
the Passenger Rail Reform and Investment Act 
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of 2015 (title XI of division A of Public Law 
114–94); 
‘‘(F) the applicant’s intent to provide inter-
city passenger rail service to regions and com-
munities that are underserved or not served by 
other intercity public transportation; 
‘‘(G) whether the applicant is enhancing 
connectivity and geographic coverage of the exist-
ing national network of intercity rail passenger 
service; 
‘‘(H) the applicant’s efforts to engage with 
entities to deploy railroad safety technology or 
programs, including trespassing prevention, rail 
integrity inspection systems, or grade crossing 
safety; 
‘‘(I) whether the applicant prepares re-
gional rail and corridor service development 
plans and corresponding environmental analysis; 
and 
‘‘(J) whether the applicant has engaged 
with the Federal, local, or State government and 
transportation planning agencies to identify 
projects necessary to enhance multimodal connec-
tions or facilitate service integration between rail 
service and other modes, including between inter-
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city rail passenger transportation and intercity 
bus service, commercial air service, or commuter 
rail service. 
‘‘(2) PREFERENCE.—In selecting grant recipi-
ents, the Secretary shall give preference to applicants 
that are initiating, restoring, or enhancing intercity 
rail passenger transportation. 
‘‘(c) APPLICATION PROCESS.—The Secretary shall pre-
scribe the form and manner of submitting applications 
under this section. 
‘‘(d) PERFORMANCE MEASURES.— 
‘‘(1) IN GENERAL.—The Secretary shall establish 
performance measures for each grant recipient to as-
sess progress in achieving strategic goals and objec-
tives. 
‘‘(2) ANNUAL REPORT.— The Secretary shall re-
quire grant recipients to submit an annual report of 
the activities of such recipient and information re-
lated to applicable performance measures, which may 
include— 
‘‘(A) a demonstration of progress to achieve 
or advance the relevant criteria described in sub-
section (b); and 
‘‘(B) the amount of non-Federal matching 
funds provided from each member State. 
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‘‘(e) FEDERAL SHARE OF TOTAL PROJECT COST.—The 
Secretary shall require each recipient of a grant under this 
subsection to provide a non-Federal match of not less than 
50 percent of the administrative assistance to the interstate 
rail compact. 
‘‘(f) APPLICABLE REQUIREMENTS.—The use of any 
amounts appropriated for grants under this section shall 
be subject to the applicable requirements under this chapter. 
‘‘(g) APPLICABILITY.—Amounts appropriated to carry 
out this section shall remain available until expended. 
‘‘(h) LIMITATIONS.— 
‘‘(1) MAXIMUM FUNDING PER APPLICANT.—The 
Secretary may not award grants under this section in 
an amount exceeding $500,000 annually for each ap-
plicant. 
‘‘(2) NUMERIC LIMITATION.—The Secretary may 
not provide grants under this section to more than 10 
interstate rail compacts in any fiscal year. 
‘‘(i) DEFINITIONS.—In this section: 
‘‘(1) APPLICANT.—The term ‘applicant’ means 
an interstate rail compact or an interstate commis-
sion composed of 2 or more States that has been estab-
lished to promote, develop, or operate intercity pas-
senger rail transportation systems. 
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‘‘(2) INTERCITY PASSENGER RAIL SERVICE.—The 
term ‘intercity passenger rail service’ has the mean-
ing given the term ‘intercity rail passenger transpor-
tation’ in section 24102.’’. 
(c) CLERICAL AMENDMENT.—The analysis for chapter 
229 of title 49, United States Code, is further amended by 
adding at the end the following: 
‘‘22910. Interstate rail compacts support program.’’. 
SEC. 9305. HIGH-SPEED RAIL UPDATES. 
(a) HIGH-SPEED RAIL CORRIDOR PLANNING.—Section 
26101 of title 49, United States Code, is amended— 
(1) in subsection (b)(1)— 
(A) in the matter preceding subparagraph 
(A) by striking ‘‘, or if it is an activity described 
in subparagraph (M)’’; 
(B) in subparagraph (J) by striking ‘‘right- 
of-way improvements’’ and inserting ‘‘right-of- 
way acquisition or improvement needs’’; 
(C) in subparagraph (K) by inserting 
‘‘and’’ at the end; and 
(D) by striking subparagraphs (L) and (M) 
and inserting the following: 
‘‘(L) public costs in the creation of public pri-
vate partnerships.’’; and 
(2) in subsection (c)— 
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(A) by striking paragraphs (1) through (3) 
and inserting the following: 
‘‘(1) the extent to which the proposed planning 
focuses on systems which will provide for high-speed 
rail; 
‘‘(2) the integration of the corridor into metro-
politan area and statewide transportation planning, 
including State rail plans; 
‘‘(3) the use of rail stations within urbanized 
areas that are located in a geographic area with a 
greater density population than the urbanized area as 
a whole;’’; 
(B) in paragraph (4) by inserting before the 
semicolon ‘‘, passenger rail, transit, and other 
multimodal options’’; 
(C) in paragraph (6) by inserting ‘‘and re-
duce greenhouse gas emissions’’ before the semi-
colon; and 
(D) in paragraph (11) by inserting ‘‘, in-
cluding access to affordable housing’’ before the 
semicolon. 
(b) DEFINITIONS.—Section 26105(2) of title 49, 
United States Code, is amended— 
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(1) by inserting ‘‘made available to members of 
the general public as passengers and reasonably ex-
pected to reach speeds of’’ after ‘‘service which is’’; 
(2) in subparagraph (A) by striking ‘‘reasonably 
expected to reach sustained speeds of more than 125 
miles per hour; and’’ and inserting ‘‘160 miles per 
hour or more on shared-use right-of-way; or’’; and 
(3) in subparagraph (B) by striking ‘‘made 
available to members of the general public as pas-
sengers’’ and inserting ‘‘186 miles per hour or more 
on dedicated right-of-way’’. 
(c) HIGH-SPEED RAIL CORRIDOR DEVELOPMENT.— 
Section 26106(e)(2) of title 49, United States Code, is 
amended— 
(1) in subparagraph (A)(i) by striking ‘‘section 
211 of the Passenger Rail Investment and Improve-
ment Act of 2008’’ and inserting ‘‘section 24904(a)’’; 
and 
(2) in subparagraph (C)(i)— 
(A) by striking subclause (III); 
(B) by redesignating subclause (II) as sub-
clause (III); 
(C) by inserting after subclause (I) the fol-
lowing: 
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‘‘(II) connectivity to rail stations 
within urbanized areas that are located 
in a geographic area with a greater 
density population than the urbanized 
area as a whole;’’; and 
(D) by striking subclause (IV) and inserting 
the following: 
‘‘(IV) environmental benefits, in-
cluding projects that— 
‘‘(aa) reduce greenhouse gas 
emissions; and 
‘‘(bb) involve electrification 
or 
the 
purchase 
of 
environ-
mentally sensitive, fuel-efficient, 
and cost-effective passenger rail 
equipment;’’. 
SEC. 9306. STATE RAIL PLANNING FORMULA FUNDS. 
(a) IN GENERAL.—Chapter 229 of title 49, United 
States Code, is further amended by adding at the end the 
following: 
‘‘§ 22911. State rail planning formula funds 
‘‘(a) IN GENERAL.—In carrying out this chapter, the 
Secretary shall allocate an appropriate portion of 1.5 per-
cent of the amounts made available for programs under this 
chapter to provide grants to States— 
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‘‘(1) for State or multi-State regional intercity 
passenger rail corridor planning or project-specific, 
intercity passenger rail planning purposes; or 
‘‘(2) for funding rail projects otherwise eligible 
under section 22907 if no intercity passenger rail 
planning is feasible. 
‘‘(b) LIMITATION OF FUNDS.—Any unobligated bal-
ances of a grant under this section remaining after 3 years 
from the fiscal year in which the grant was made shall be 
redistributed in an appropriate portion. 
‘‘(c) DEFINITIONS.—In this section: 
‘‘(1) APPROPRIATE PORTION.—The term ‘appro-
priate portion’ means a share, for each State— 
‘‘(A) one quarter of which is comprised of 
the ratio that the total railroad route miles in 
such State bears to the total railroad route miles 
in the United States, excluding from each such 
total the route miles used exclusively for tourist 
excursions; 
‘‘(B) one quarter of which is comprised of 
the ratio that the population in such State bears 
to the total population of the United States, as 
determined by the Bureau of the Census; and 
‘‘(C) half of which is comprised of the ratio 
that the Amtrak ridership for fiscal year 2019 in 
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each State bears to the total Amtrak ridership 
for fiscal year 2019. 
‘‘(2) STATE.—The term ‘State’ means each of the 
50 States and the District of Columbia.’’. 
(b) CLERICAL AMENDMENT.—The analysis for chapter 
229 of title 49, United States Code, is further amended by 
adding at the end the end the following: 
‘‘22911. State rail planning formula funds.’’. 
TITLE IV—COMMUTER RAIL 
POLICY 
SEC. 9401. SENSE OF CONGRESS REGARDING COMMUTER 
RAIL LIABILITY INSURANCE. 
(a) FINDINGS.—Congress finds the following: 
(1) Prior to the COVID–19 pandemic, 32 com-
muter railroads across the United States safely car-
ried passengers on more than 500,000,000 trips each 
year. 
(2) Commuter rail is a $9,900,000,000 industry 
that creates and supports more than 200,000 public- 
and private-sector jobs, and continues to grow. 
(3) Most commuter rail agencies are required to 
maintain liability insurance up to statutory liability 
limits. 
(4) Commuter rail agencies face significant ob-
stacles to finding and obtaining liability insurance. 
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(5) Only a handful of insurers offer this cov-
erage, and a significant percentage of the railroad li-
ability insurance marketplace is provided by foreign 
companies. 
(6) The number of insurers in the American and 
foreign markets willing to even offer potential capac-
ity for this coverage has drastically decreased over the 
past several years, and, regardless of cost, it is becom-
ing extremely difficult for commuter railroads to ob-
tain the needed coverage. 
(7) Despite the exceptional safety record of com-
muter railroads and recent full compliance with posi-
tive train control, a 2021 survey of the American 
Public Transportation Association’s commuter rail 
agencies revealed that there has been a 60 percent in-
crease in premium costs over the last 3 years. 
(8) The increase in premiums is largely due to 
factors outside the control of the commuter rail indus-
try, including major forest fires, hurricanes, and in-
surers exiting the market. 
(9) The cost of liability insurance severely im-
pacts the operating budgets of many commuter rail 
agencies and potentially affects their ability to offer 
these critical public transportation services. 
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(b) SENSE OF CONGRESS.—It is the sense of Congress 
that Congress should address the capacity and cost issues 
associated with the commuter rail liability insurance mar-
ket and consider establishing a commuter rail insurance 
program within the Department of Transportation. 
SEC. 9402. SURFACE TRANSPORTATION BOARD MEDIATION 
OF TRACKAGE USE REQUESTS. 
Section 28502 of title 49, United States Code, is 
amended to read as follows: 
‘‘§ 28502. Surface Transportation Board mediation of 
trackage use requests 
‘‘A rail carrier shall provide good faith consideration 
to a reasonable request from a provider of commuter rail 
passenger transportation for access to trackage and provi-
sion of related services. If, after a reasonable period of nego-
tiation, a public transportation authority cannot reach 
agreement with a rail carrier to use trackage of, and have 
related services provided by, the rail carrier for purposes 
of commuter rail passenger transportation, the public 
transportation authority or the rail carrier may apply to 
the Board for nonbinding mediation. In any case in which 
dispatching for the relevant trackage is controlled by a rail 
carrier other than the trackage owner, both shall be subject 
to the requirements of this section and included in the 
Board’s mediation process. The Board shall conduct the 
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