1125 
(B) an individual with culinary or hospi-
tality expertise agreed to by the members under 
clauses (i) through (iv) of subparagraph (A). 
(3) RECOMMENDATIONS.— 
(A) IN
GENERAL.—The Working Group 
shall develop recommendations to increase rid-
ership 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 
services; 
(ii) improving onboard food and bev-
erage services; and 
(iii) improving solicitation, reception, 
and consideration of passenger feedback 
regarding onboard food and beverage serv-
ices. 
(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 
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of passengers to address dietary restric-
tions; 
(ii) the preparation and delivery of on-
board food and beverages; 
(iii) the differing needs of passengers 
traveling on long-distance routes, State- 
supported routes, and the Northeast Cor-
ridor; 
(iv) the reinstatement of the dining 
car service on long-distance routes; 
(v) Amtrak passenger survey data 
about the food and beverages offered on 
Amtrak 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 Infra-
structure of the House of Representatives, and 
the Committee on Commerce, Science, and 
Transportation of the Senate a report con-
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taining the recommendations developed under 
paragraph (3). 
(B) SUBSEQUENT
REPORT.—Not later 
than 30 days after the date on which the Work-
ing Group submits the report required under 
subparagraph (A), Amtrak shall submit to the 
Committee on Transportation and Infrastruc-
ture of the House of Representatives and the 
Committee on Commerce, Science, and Trans-
portation of the Senate a report on whether 
Amtrak agrees with the recommendations of the 
Working Group and describing any plans to im-
plement such recommendations. 
(5) PROHIBITION
ON
FOOD
AND
BEVERAGE 
SERVICE 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 re-
port required under paragraph (4)(B), Amtrak may 
not make large-scale, structural changes to existing 
onboard food and beverage services, except that Am-
trak shall reverse any changes to onboard food and 
beverage service made in response to the COVID–19 
pandemic as Amtrak service is restored. 
(6) TERMINATION.—The Working Group shall 
terminate on the date on which Amtrak submits the 
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report required under paragraph (4)(B), except that 
Amtrak may extend such date by up to 1 year if 
Amtrak determines that the Working Group is bene-
ficial to Amtrak in making decisions related to on-
board food and beverage services. If Amtrak extends 
such date, Amtrak shall include notification of the 
extension in the report required under paragraph 
(4)(B). 
(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 Am-
trak Reform and Accountability Act of 1997 (49 U.S.C. 
24312 note; 111 Stat. 2574) is amended by striking sub-
section (d) and inserting the following: 
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‘‘(d) FURLOUGHED WORK.—Amtrak may not con-
tract out work within the scope of work performed by an 
employee in a bargaining unit covered by a collective bar-
gaining agreement entered into between Amtrak and an 
organization representing Amtrak employees during the 
period of time such employee has been laid off involun-
tarily if such employee— 
‘‘(1) is eligible and qualified under the agree-
ment to perform such work in accordance with the 
seniority of such employee; and 
‘‘(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 en-
tered 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 
prohibited under subsection (d).’’. 
(b) WORKFORCE PLAN.—Section 24320(c)(2) of title 
49, United State Code, is amended— 
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(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— 
‘‘(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 cus-
tomer service work on behalf of Amtrak, including 
through a business process outsourcing group. 
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‘‘(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 
station building where at least one Amtrak ticket 
agent was employed on or after October 1, 2017. 
‘‘(2) LOCATIONS.—Amtrak shall ensure that at 
least one Amtrak ticket agent is employed at each 
station 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-dis-
tance train in the previous fiscal year exceeds 
the average of at least 40 passengers per day 
over all days in which the station was serviced 
by Amtrak, 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. 
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‘‘(3) EXCEPTION.—This subsection does not 
apply to any station building in which a commuter 
rail ticket agent has the authority to sell Amtrak 
tickets. 
‘‘(4) AMTRAK TICKET AGENT.—For purposes of 
this section, the term ‘Amtrak ticket agent’ means 
an Amtrak employee with authority to sell Amtrak 
tickets onsite and assist in the checking of Amtrak 
passenger baggage. 
‘‘(3) EFFECTIVE DATE.—This subsection shall 
take effect on the earlier of— 
‘‘(A) the date of the expiration of the 
emergency declaration issued by the President 
on March 13, 2020, pursuant to section 501(b) 
of the Robert T. Stafford Disaster Relief and 
Emergency 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 
Amtrak ridership for the same 6 consecutive 
calendar months in 2019.’’. 
SEC. 9214. SPECIAL TRANSPORTATION. 
Section 24307(a) of title 49, United States Code, is 
amended— 
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(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 Dis-
abilities Act of 1990 (42 U.S.C. 12102); 
‘‘(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 
identification; 
‘‘(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: 
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‘‘§ 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 
replace 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. 
‘‘(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 af-
fect 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 de-
termines necessary. 
‘‘(d) DEFINITION OF EMERGENCY EVENT.—In this 
section, the term ‘emergency event’ has the meaning given 
such term in section 20103.’’. 
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(b) CLERICAL AMENDMENT.—The analysis for chap-
ter 243 of title 49, United States Code, is further amend-
ed 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 
operation that impedes access to recreational trails, Am-
trak shall work with potentially affected communities, 
making a good-faith effort to address local concerns about 
such access. Not later than February 15 of each year, Am-
trak shall submit to the Committee on Transportation and 
Infrastructure of the House of Representatives and the 
Committee on Environment and Public Works of the Sen-
ate a report on any such engagement in the preceding cal-
endar year, and any changes to policies, structures, or op-
erations affecting access to recreational trails that were 
considered or made as a result. The report shall include 
Amtrak’s plans to mitigate 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: 
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‘‘§ 24325. Amtrak cybersecurity enhancement and re-
siliency grant program 
‘‘(a) IN GENERAL.—The Secretary of Transportation 
shall make grants to Amtrak for improvements in infor-
mation technology systems, including cyber resiliency im-
provements 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 In-
stitute of Standards and Technology. 
‘‘(c) COORDINATION OF CYBERSECURITY FUNDS.— 
Funds made available to carry out this section shall be 
in addition to any other Federal funds and shall not affect 
the ability of Amtrak to use any other funds otherwise 
authorized by law for purposes of enhancing the cyberse-
curity 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 es-
tablished 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 
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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 Sec-
retary determines necessary.’’. 
(b) CLERICAL AMENDMENT.—The analysis for chap-
ter 243 of title 49, United States Code, is further amend-
ed 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 Con-
gress that private cars and charter trains can— 
(1) improve Amtrak’s financial performance, 
particularly on the long-distance routes; 
(2) have promotional value for Amtrak that re-
sults in future travel on Amtrak trains by pas-
sengers made aware of Amtrak as a result; 
(3) support private-sector jobs, including for 
mechanical 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 signifi-
cant changes to the relationship between Amtrak and pri-
vate car owners and charter train services and evaluate 
opportunities to strengthen these services, including by re-
instating some access points and restoring flexibility to 
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charter-train policies. For charter trains, private cars, and 
package express carried on regular Amtrak trains, con-
sistent with sound business practice, Amtrak should re-
cover 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 
communities impacted by Amtrak operations. 
‘‘(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 orga-
nizations 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 pub-
lic participation and solicit public feedback; and 
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‘‘(4) making publicly available on the website of 
Amtrak, planning documents for proposed and im-
plemented 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 Com-
merce, Science, and Transportation of the Senate a report 
that— 
‘‘(1) describes the community outreach efforts 
undertaken by the Amtrak Office of Community 
Outreach for the previous year; and 
‘‘(2) identifies changes Amtrak made to capital 
improvement project plans after engagement with af-
fected communities.’’. 
(b) CLERICAL AMENDMENT.—The analysis for chap-
ter 243 of title 49, United States Code, is further amend-
ed 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 fis-
cal year pursuant to section 9101(a)(2) to enhance the 
customer experience on Amtrak long-distance routes. 
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(b) ELIGIBILITY.—Projects and initiatives to serve 
the following purposes, including planning and develop-
ment, are eligible to be implemented by Amtrak under this 
section: 
(1) Rolling stock interior refreshes and rede-
signs. 
(2) Food and beverage service improvements 
consistent 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). 
(c) CONSULTATION.—Not later than 90 days after 
the date of enactment of this Act, and subsequently on 
a periodic basis, Amtrak shall consult with appropriate 
States, local governments, labor organizations rep-
resenting railroad employees, and national associations 
that represent rail passengers on ways to enhance the cus-
tomer experience on long-distance routes. 
(d) USE OF FUNDS FOR OTHER PURPOSES.—Am-
trak may use funds provided under this section for pur-
poses related to long-distance route service other than 
those listed in subsection (b) if— 
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(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 serv-
ice 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 Com-
merce, Science, and Transportation, and the Com-
mittee on Appropriations of the Senate, a report 
that includes— 
(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. 
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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 
reduction 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 
‘‘(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. 
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‘‘(2) ADDITIONAL
REQUIREMENTS.—The plan 
developed 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 
operations 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 
section 24315(b), an update on Amtrak’s 
progress towards— 
‘‘(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 
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changes or changes to funding levels likely to 
increase 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 renewed contract between Amtrak and a provider 
of electricity that is used to meet the needs of train 
traction 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.— 
Amtrak shall establish goals for increasing the en-
ergy source requirements described in paragraph 
(1), including a goal of requiring— 
‘‘(A) at least 50 percent of electricity de-
rived from such sources for new or renewed 
contracts 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. 
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‘‘(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 
renewable 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-
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 chap-
ter 243 of title 49, United States Code, is further amend-
ed by adding at the end the following: 
‘‘24327. Amtrak carbon-free and renewable energy initiatives.’’. 
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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 
‘‘members’’ and inserting ‘‘4 members’’; 
(B) in subparagraph (B) by striking 
‘‘members’’ and inserting ‘‘5 members’’; and 
(C) in subparagraph (D) by striking ‘‘and 
commuter railroad carriers using the Northeast 
Corridor selected by the Secretary’’ and insert-
ing ‘‘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: 
‘‘(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’’; 
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(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 Inter-
city Rail Cost Allocation Policy’ approved on 
September 17, 2015,’’; 
(B) in paragraph (1)— 
(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 
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(6) by redesignating subsection (e) as sub-
section (d); and 
(7) in paragraph (1)(D) of subsection (d) (as 
redesignated by paragraph (6)) by striking ‘‘com-
muter rail agencies’’ and inserting ‘‘commuter au-
thorities’’. 
SEC. 9302. NORTHEAST CORRIDOR PLANNING. 
(a) IN GENERAL.—Section 24904 of title 49, United 
States Code, is amended— 
(1) by redesignating subsection (e) as sub-
section (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 re-
designated, the following: 
‘‘(a) SERVICE DEVELOPMENT PLAN.— 
‘‘(1) REQUIREMENT.—Not later than December 
31, 2021, the Northeast Corridor Commission estab-
lished under section 24905 (referred to in this sec-
tion as the ‘Commission’) shall submit to Congress 
a service development plan that identifies key state- 
of-good-repair, capacity expansion, and capital im-
provement projects planned for the Northeast Cor-
ridor, to upgrade aging infrastructure and improve 
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the reliability, capacity, connectivity, performance, 
and resiliency of passenger rail service on the North-
east 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 strat-
egy that identifies capital investment phasing, 
an evaluation of workforce needs, and strategies 
for managing resources and mitigating con-
struction impacts on operations; 
‘‘(D) describe the anticipated outcomes of 
each project or program, including an assess-
ment of improved capacity, travel time, and 
other benefits and costs of proposed invest-
ments; 
‘‘(E) include a financial strategy that in-
corporates available funding and identifies 
funding needs and potential sources of such 
funding; and 
‘‘(F) be updated at least every 5 years.’’; 
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(5) in subsection (b) (as redesignated by para-
graph (3))— 
(A) by striking ‘‘Not later than’’ and all 
that follows through ‘‘shall’’ and inserting ‘‘Not 
later than November 1 of each year, the Com-
mission shall’’; 
(B) in paragraph (1)— 
(i) in subparagraph (A) by striking ‘‘a 
capital investment plan’’ and inserting ‘‘an 
annual capital investment plan’’; and 
(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 
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‘‘document the projects and programs 
being undertaken to achieve the serv-
ice outcomes identified in the North-
east Corridor service development 
plan, once available, and the asset 
condition needs identified in the 
Northeast Corridor asset management 
system described in subsection (e) and 
consider’’; and 
(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 
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(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 
inserting ‘‘status of cost sharing agree-
ments’’; 
(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 
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(7) by striking subsection (d) and inserting the 
following: 
‘‘(d) REVIEW AND COORDINATION.—The Commis-
sion shall gather information from Amtrak, the States in 
which the Northeast Corridor is located, and commuter 
rail authorities to support development of the capital in-
vestment plan. The Commission may specify a format and 
other criteria 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 to the Commission in a manner that allows 
for a reasonable period of review by, and coordination 
with, affected agencies. 
‘‘(e) 
NORTHEAST
CORRIDOR
ASSET
MANAGE-
MENT.—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 sub-
missions to the Northeast Corridor capital investment 
plan described in subsection (b). Such system shall— 
‘‘(1) be timed consistent with the Federal Tran-
sit Administration process, as authorized under sec-
tion 5326, when implemented; and 
‘‘(2) include, at a minimum— 
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‘‘(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.— 
(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 
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1156 
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 
subsection (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.— 
‘‘(1) ESTABLISHMENT.—Not later than 90 days 
after the date of enactment of this subsection, the 
Administrator of the Federal Railroad Administra-
tion shall establish protective arrangements equiva-
lent to those established under section 504 of the 
Railroad Revitalization and Regulatory Reform Act 
of 1976 (45 U.S.C. 836), and require such protec-
tive arrangements to apply to employees described 
under subsection (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 para-
graph (1).’’. 
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SEC. 9304. INTERSTATE RAIL COMPACTS. 
(a) IDENTIFICATION.—Section 410 of the Amtrak 
Reform 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— 
‘‘(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 program for providing administrative assist-
ance grants to an applicant, on a competitive basis, to sup-
port interstate and regional efforts— 
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‘‘(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.— 
‘‘(1) IN GENERAL.—In awarding grants under 
this section, the Secretary shall consider— 
‘‘(A) the amount of funding received (in-
cluding funding from railroads) or other signifi-
cant participation by State, local, and regional 
governmental and private 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 
development, particularly in rural communities, 
for socially disadvantaged individuals, and for 
disadvantaged populations; 
‘‘(D) the applicant’s efforts to provide 
guidance to local communities on public and 
private resources relate to community concerns, 
such as congestion, rail and grade crossing 
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safety, trespasser prevention, quiet zones, 
idling, and rail line relocations; 
‘‘(E) whether the applicant seeks to restore 
service over routes formerly operated by Am-
trak, including routes described in section 
11304(a) of the Passenger Rail Reform and In-
vestment Act of 2015 (title XI of division A of 
Public Law 114–94); 
‘‘(F) the applicant’s dedication to pro-
viding intercity passenger rail service to regions 
and communities that are underserved or not 
served by other intercity public transportation; 
‘‘(G) whether the applicant is enhancing 
connectivity and geographic coverage of the ex-
isting national network of intercity rail pas-
senger 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 anal-
ysis; and 
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‘‘(J) whether the applicant has engaged 
with the Federal, local, or State government 
and transportation planning agencies to identify 
projects necessary to enhance multimodal con-
nections or facilitate service integration between 
rail service and other modes, including between 
intercity 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 appli-
cants that are initiating, restoring, or enhancing 
intercity rail passenger transportation. 
‘‘(c) APPLICATION PROCESS.—The Secretary shall 
prescribe the form and manner of filing applications under 
this section. 
‘‘(d) PERFORMANCE MEASURES.— 
‘‘(1) IN GENERAL.—The Secretary shall estab-
lish performance measures for each grant recipient 
to assess progress in achieving strategic goals and 
objectives. 
‘‘(2) ANNUAL REPORT.— The Secretary shall 
require grant recipients to submit an annual report 
of the activities of such recipient and information re-
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1161 
lated to applicable performance measures, which 
may include— 
‘‘(A) a demonstration of progress to 
achieve or advance the relevant criteria de-
scribed in subsection (c); and 
‘‘(B) receipt of non-Federal matching 
funds from each member State at least once 
during each fiscal year. 
‘‘(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 costs of the inter-
state 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 chap-
ter. 
‘‘(g) APPLICABILITY.—Amounts appropriated to 
carry out this section shall remain available until ex-
pended. 
‘‘(h) LIMITATIONS.— 
‘‘(1) MAXIMUM
FUNDING
PER
APPLICANT.— 
The Secretary may not award a grant under this 
section in an amount exceeding $500,000 for each 
applicant in any fiscal year. 
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‘‘(2) NUMERIC
LIMITATION.—The Secretary 
may not provide grants under this section to more 
than 10 interstate rail compacts in any fiscal year. 
‘‘(i) USE OF INTERSTATE RAIL COMPACT GRANTS 
AND OTHER FEDERAL FUNDING.—A recipient of an 
interstate rail compact grant under this section may use 
such grant in combination with other Federal grants 
awarded that would benefit the applicable use. 
‘‘(j) 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 es-
tablished to promote, develop, or operate intercity 
passenger rail transportation systems. 
‘‘(2) INTERCITY PASSENGER RAIL SERVICE.— 
The term ‘intercity passenger rail service’ has the 
meaning given the term ‘intercity rail passenger 
transportation’ in section 24102.’’. 
(c) CLERICAL AMENDMENT.—The analysis for chap-
ter 229 of title 49, United States Code, is further amend-
ed 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.—Sec-
tion 26101 of title 49, United States Code, is amended— 
(1) in subsection (b)(1)— 
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(A) in the matter preceding subparagraph 
(A) by striking ‘‘, or if it is an activity de-
scribed 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)— 
(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 
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1164 
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 
semicolon; 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— 
(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 ‘‘reason-
ably 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’’. 
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(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: 
‘‘(II) connectivity to rail stations 
within urbanized areas that are lo-
cated in an geographic area with a 
greater density population than the 
urbanized area as a whole;’’; and 
(D) by striking subclause (IV) and insert-
ing the following: 
‘‘(IV) environmental benefits, in-
cluding projects that— 
‘‘(aa) reduce greenhouse gas 
emissions; and 
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1166 
‘‘(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— 
‘‘(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: 
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1168 
TITLE IV—COMMUTER RAIL 
POLICY 
SEC. 9401. 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 
negotiation, 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 pur-
poses of commuter rail passenger transportation, the pub-
lic 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 nonbinding mediation in accordance with the medi-
ation process of section 1109.4 of title 49, Code of Federal 
Regulations, as in effect on the date of enactment of the 
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TRAIN Act. During such mediation process, the Board 
shall determine whether the consideration a rail carrier 
provided to a request was in good faith and whether the 
request from a provider of commuter rail passenger trans-
portation was reasonable. The determinations made in the 
preceding sentence shall have no effect on the nonbinding 
nature of the mediation.’’. 
SEC. 9402. SURFACE TRANSPORTATION BOARD MEDIATION 
OF RIGHTS-OF-WAY USE REQUESTS. 
Section 28503 of title 49, United States Code, is 
amended to read as follows: 
‘‘§ 28503. Surface Transportation Board mediation of 
rights-of-way 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 rail right-of-way for 
the construction and operation of a segregated fixed guide-
way facility. If, after a reasonable period of negotiation, 
a public transportation authority cannot reach agreement 
with a rail carrier to acquire an interest in a railroad 
right-of-way for the construction and operation of a seg-
regated fixed guideway facility to provide commuter rail 
passenger transportation, the public transportation au-
thority or the rail carrier may apply to the Board for non-
binding mediation. In any case in which dispatching for 
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the relevant trackage is controlled by a rail carrier other 
than the right-of-way owner, both shall be subject to the 
requirements of this section and included in the Board’s 
mediation process. The Board shall conduct the non-
binding mediation in accordance with the mediation proc-
ess of section 1109.4 of title 49, Code of Federal Regula-
tions, as in effect on the date of enactment of the TRAIN 
Act. During such mediation process, the Board shall de-
termine whether the consideration a rail carrier provided 
to a request was in good faith and whether the request 
from a provider of commuter rail passenger transportation 
was reasonable. The determinations made in the preceding 
sentence shall have no effect on the nonbinding nature of 
the mediation.’’. 
TITLE V—RAIL SAFETY 
Subtitle A—Passenger and Freight 
Safety 
SEC. 9501. STUDY ON SAFETY IMPACT OF LONG TRAINS. 
(a) STUDY.—The Secretary of Transportation shall 
conduct a study on the safety impacts of the operation 
of long trains. 
(b) CONTENTS.—The study conducted under sub-
section (a) shall include— 
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(1) an examination of any potential risks of the 
operation of long trains and recommendations on 
mitigation of any such risks; 
(2) among other safety factors with respect to 
the operation of such trains, an evaluation of any— 
(A) potential risk of loss of communica-
tions between an end-of-train device, or a dis-
tributed power unit, and the locomotive cab, in-
cluding communications over differing terrains 
and conditions; 
(B) potential risk of loss of radio commu-
nications between crewmembers after a crew-
member alights from a train, including commu-
nications over differing terrains and conditions; 
(C) potential risk of derailments, including 
any risks associated with in-train compressive 
forces and slack action, or other safety risks in 
differing terrains and conditions; 
(D) changes in risks or benefits to safety 
associated with the deployment of multiple dis-
tributed power units in the consists of such 
trains; and 
(E) impacts of the length of trains on 
braking and locomotive performance and track 
wear and tear; and 
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(3) an evaluation of whether additional engineer 
and conductor training is required for safely oper-
ating such trains. 
(c) COLLABORATION.—In conducting the study re-
quired under subsection (a), the Secretary shall collabo-
rate with railroad carriers, labor organizations rep-
resenting railroad employees, and railroad safety tech-
nology manufacturers. 
(d) RESULTS OF STUDY.— 
(1) REPORT.—Not later than 24 months after 
the date of enactment of this 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 that con-
tains— 
(A) the results of the study required by 
subsection (a); 
(B) any recommendations for mitigating 
safety risks caused by long trains; and 
(C) a description of any action the Sec-
retary intends to take to address any safety risk 
identified in the study. 
(2) SHARING STUDY RESULTS.—After submit-
ting the report required by paragraph (1), the Sec-
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retary shall share the results of the study with rail-
road carriers, labor organizations representing rail-
road employees, and safety technology organizations. 
(e) SECRETARY ACTION.—Not later than 180 days 
after the date on which the report required by subsection 
(d)(1) is submitted, the Secretary shall implement any 
proposed actions described in such report. 
(f) DEFINITION.—In this section, the term ‘‘long 
train’’ means a freight train composed of more than 150 
rail cars. 
(g) FUNDING.—From the amounts made available 
for fiscal year 2021 to carry out section 20117(a) of title 
49, United States Code, the Secretary shall expend not 
less than $1,000,000 and not more than $2,000,000 to 
carry out this section. 
SEC. 9502. FRA SAFETY REPORTING. 
(a) IN GENERAL.—Section 20901 of title 49, United 
States Code, is amended by inserting ‘‘(including the train 
length, the number of crew members in the controlling lo-
comotive cab, and the duties of such crew members)’’ after 
‘‘reported accident or incident’’. 
(b) REGULATIONS.—Not later than 1 year after the 
date of enactment of this Act, the Secretary of Transpor-
tation shall issue such regulations as are necessary to 
carry out the amendment made by subsection (a). 
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(c) TREND ANALYSIS.— 
(1) IN
GENERAL.—Chapter 209 of title 49, 
United States Code, is amended by adding at the 
end the following: 
‘‘§ 20904. Trend analysis 
‘‘(a) ANNUAL REVIEW AND ANALYSIS.—Not later 
than 1 year after the date of enactment of the TRAIN 
Act, and not less frequently than annually thereafter, the 
Secretary shall review the reports filed by a railroad car-
rier subject to section 20901(a) and analyze the data con-
tained in such reports for trends or patterns of potential 
safety risks. 
‘‘(b) SECRETARY ACTION.—If the Secretary identi-
fies any such trends or patterns, the Secretary shall— 
‘‘(1) take such actions as are necessary to ad-
dress the potential safety risk; and 
‘‘(2) if appropriate, communicate any such 
trends or patterns to a representative of any rel-
evant railroad carrier and a representative of the 
employees of such railroad carrier, including any 
nonprofit employee labor organization representing a 
craft or class of employees subject to the potential 
safety risk.’’. 
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(2) CLERICAL AMENDMENT.—The analysis for 
chapter 209 of title 49, United States Code, is 
amended by adding at the end the following: 
‘‘20904. Trend analysis.’’. 
(d) ACCIDENT AND INCIDENT REPORTING.—Section 
209 of the Rail Safety Improvement Act of 2008 (49 
U.S.C. 20901 note) is amended by inserting ‘‘, and other 
events required to be reported under part 225 of title 49, 
Code of Federal Regulations,’’ after ‘‘collisions and fatali-
ties’’. 
SEC. 9503. WAIVER NOTICE REQUIREMENTS. 
Section 20103(d) of title 49, United States Code, is 
amended to read as follows: 
‘‘(d) NONEMERGENCY WAIVERS.— 
‘‘(1) IN GENERAL.—The Secretary may waive 
or suspend compliance with any part of a regulation 
prescribed or order issued under this chapter if the 
waiver or suspension is in the public interest and 
consistent with railroad safety. 
‘‘(2) 
NOTICE
REQUIRED.—The 
Secretary 
shall— 
‘‘(A) provide timely public notice of any re-
quest for a waiver or suspension under this sub-
section; 
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‘‘(B) make the application for such waiver 
or suspension and any related underlying data 
available to interested parties; 
‘‘(C) provide the public with notice and a 
reasonable opportunity to comment on a pro-
posed waiver or suspension under this sub-
section before making a final decision; and 
‘‘(D) make public the reasons for granting 
a waiver or suspension under this subsection. 
‘‘(3) INFORMATION PROTECTION.—Nothing in 
this subsection shall be construed to require the re-
lease of information protected by law from public 
disclosure.’’. 
SEC. 9504. NOTICE OF FRA COMPREHENSIVE SAFETY CUL-
TURE ASSESSMENTS. 
(a) INITIAL NOTICE.—If the Federal Railroad Ad-
ministration initiates a comprehensive safety culture as-
sessment of an entity providing regularly scheduled inter-
city or commuter rail passenger transportation, the Ad-
ministration shall notify in electronic format the Com-
mittee on Transportation and Infrastructure of the House 
of Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate of such com-
prehensive safety culture assessment not later than 10 
business days after the date on which commencement of 
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any field investigation activity that is part of such assess-
ment occurs. 
(b) FINDINGS.—Not later than 180 days after com-
pletion of a comprehensive safety culture assessment de-
scribed in subsection (a), the Federal Railroad Adminis-
tration shall transmit in electronic format 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 summary re-
port of the findings of such assessment. 
(c) DEFINITION OF COMPREHENSIVE SAFETY CUL-
TURE ASSESSMENT.—In this section, the term ‘‘com-
prehensive safety culture assessment’’ means a focused re-
view initiated and managed by the Federal Railroad Ad-
ministration based on findings from an accident investiga-
tion and involving at least 2 technical disciplines, with the 
purpose of examining the safety culture of an entity pro-
viding regularly scheduled intercity or commuter rail pas-
senger transportation. 
SEC. 9505. FRA ACCIDENT AND INCIDENT INVESTIGATIONS. 
Section 20902 of title 49, United States Code, is 
amended— 
(1) in subsection (b) by striking ‘‘subpena’’ and 
inserting ‘‘subpoena’’; 
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(2) in subsection (c) by inserting ‘‘The Sec-
retary shall develop a process to make available to 
a representative of the railroad carrier that is the 
subject of an accident or incident investigation, and 
to a representative of the employees of such railroad 
carrier, including a nonprofit employee labor organi-
zation representing railroad workers, a draft inves-
tigation report for timely review and comment.’’ 
after the period at the end; and 
(3) by adding at the end the following: 
‘‘(d) GATHERING INFORMATION
AND TECHNICAL 
EXPERTISE.— 
‘‘(1) IN GENERAL.—The Secretary shall create 
a standard process for investigators to use during 
accident and incident investigations conducted under 
this section to— 
‘‘(A) gather information about an accident 
or incident under investigation from railroad 
carriers, contractors or employees of railroad 
carriers or representatives of employees of rail-
road carriers, and others determined relevant 
by the Secretary; and 
‘‘(B) consult with railroad carriers, con-
tractors or employees of railroad carriers or 
representatives of employees of railroad car-
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riers, and others determined relevant by the 
Secretary, for technical expertise on the facts of 
the accident or incident under investigation. 
‘‘(2) CONFIDENTIALITY.—In developing the 
process under paragraph (1), the Secretary shall fac-
tor in ways to maintain the confidentiality of any en-
tity identified under paragraph (1) if— 
‘‘(A) such entity requests confidentiality; 
‘‘(B) such entity was not involved in the 
accident or incident; and 
‘‘(C) maintaining such entity’s confiden-
tiality does not adversely affect an investigation 
of the Federal Railroad Administration. 
‘‘(3) APPLICATION
OF
LAW.—This subsection 
shall not apply to any investigation carried out by 
the National Transportation Safety Board.’’. 
SEC. 9506. FREIGHT TRAIN CREW SIZE SAFETY STANDARDS. 
(a) IN GENERAL.—Subchapter II of chapter 201 of 
title 49, United States Code, is amended by adding at the 
end the following: 
‘‘§ 20169. Freight train crew size safety standards 
‘‘(a) MINIMUM CREW SIZE.—No freight train may be 
operated unless such train has a 2-person crew of at least 
1 appropriately qualified and certified conductor and one 
appropriately qualified and certified locomotive engineer. 
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‘‘(b) EXCEPTIONS.—Except as provided in subsection 
(d), the prohibition in subsection (a) shall not apply in 
any of the following circumstances: 
‘‘(1) Train operations on track that is not a 
main line track. 
‘‘(2) A train operated— 
‘‘(A) by a railroad carrier that has fewer 
than 400,000 total employee work hours annu-
ally and less than $40,000,000 annual revenue 
(adjusted for inflation as measured by the Sur-
face Transportation Board Railroad Inflation- 
Adjusted Index); 
‘‘(B) at a speed of not more than 25 miles 
per hour; and 
‘‘(C) on a track with an average track 
grade of less than 2 percent for any segment of 
track that is at least 2 continuous miles. 
‘‘(3) Locomotives performing assistance to a 
train that has incurred mechanical failure or lacks 
the power to traverse difficult terrain, including 
traveling to or from the location where assistance is 
provided. 
‘‘(4) Locomotives that— 
‘‘(A) are not attached to any equipment or 
attached only to a caboose; and 
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‘‘(B) do not travel farther than 30 miles 
from the point of origin of such locomotive. 
‘‘(5) Train operations staffed with fewer than a 
two-person crew at least 1 year prior to the date of 
enactment of this section, if the Secretary deter-
mines that the operation achieves an equivalent level 
of safety. 
‘‘(c) TRAINS INELIGIBLE FOR EXCEPTION.—The ex-
ceptions under subsection (b) may not be applied to— 
‘‘(1) a train transporting 1 or more loaded cars 
carrying material toxic by inhalation, as defined in 
section 171.8 of title 49, Code of Federal Regula-
tions; 
‘‘(2) a train carrying 20 or more loaded tank 
cars of a Class 2 material or a Class 3 flammable 
liquid in a continuous block or a single train car-
rying 35 or more loaded tank cars of a Class 2 ma-
terial or a Class 3 flammable liquid throughout the 
train consist; or 
‘‘(3) a train with a total length of 7,500 feet or 
greater. 
‘‘(d) WAIVER.—A railroad carrier may seek a waiver 
of the requirements of this section pursuant to section 
20103(d).’’. 
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(b) CLERICAL AMENDMENT.—The analysis for sub-
chapter II of chapter 201 of title 49, United States Code, 
is amended by adding at the end the following: 
‘‘20169. Freight train crew size safety standards.’’. 
SEC. 9507. BORDER CROSSINGS. 
(a) BORDER CROSSINGS.—The Secretary of Trans-
portation shall require that— 
(1) any railroad carrier that is operating a 
freight train across the southern border into the 
United States operates the train continually until 
the last car of the train passes through the scanning 
facility used for nonintrusive inspection by U.S. Cus-
toms and Border Protection located at such border; 
(2) when the last car of such train passes 
through such facility, the railroad carrier shall stop 
such train to conduct a crew interchange and any 
federally-mandated safety testing; and 
(3) the railroad carrier ensures that the only in-
dividuals that operate such trains after carrying out 
the activities described in paragraph (2) are individ-
uals— 
(A) who are United States nationals or 
aliens lawfully admitted for permanent resi-
dence in the United States; and 
(B) whose primary reporting point is in 
the United States. 
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(b) FUNDING.— 
(1) SET-ASIDE.—From the amounts made 
available to carry out section 22907 of title 49, 
United States Code, the Secretary shall set aside, 
for each of fiscal years 2022 through 2026, 
$60,000,000 for projects to prevent blocked crossing 
incidents as a result of operations made necessary 
by subsection (a). Projects eligible for funding under 
this paragraph are— 
(A) highway-rail grade crossing separation 
projects eligible under such section that are lo-
cated not further than 1.5 miles from a scan-
ning facility described in subsection (a)(1); and 
(B) projects eligible under such section to 
relocate a rail line to prevent blocked crossing 
incidents resulting from trains crossing the 
southern border. 
(2) UNOBLIGATED
FUNDS.—Any funds pro-
vided under paragraph (1) that are unobligated at 
the end of the second fiscal year following the fiscal 
year in which such funds are set aside may be used 
for any eligible project under section 22907. 
(c) AGREEMENT.—The Secretary shall ensure that a 
recipient of funds made available under subsection 
(b)(1)(A) has a written agreement with any railroad car-
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rier operating over the infrastructure constructed or im-
proved with such funds that includes a requirement that 
any such railroad carrier may not operate trains over such 
infrastructure that, due to the length of the train, are like-
ly to cause blocked crossing incidents. 
(d) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed as amending any safety regulation 
of the Federal Railroad Administration or amending or 
revoking any waivers such Administration has granted 
under section 20103 of title 49, United States Code. 
(e) DEFINITIONS.—In this section: 
(1) RAILROAD CARRIER.—The term ‘‘railroad 
carrier’’ has the meaning given such term in section 
20102 of title 49, United States Code. 
(2) SOUTHERN BORDER.—The term ‘‘southern 
border’’ means the international border between the 
United States and Mexico. 
(3) BLOCKED CROSSING INCIDENT.—The term 
‘‘blocked crossing incident’’ has the meaning given 
such term in section 20174(f) of title 49, United 
States Code. 
SEC. 9508. YARDMASTERS HOURS OF SERVICE. 
(a) LIMITATIONS ON DUTY HOURS OF YARDMASTER 
EMPLOYEES.—Section 21103 of title 49, United States 
Code, is amended— 
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(1) in the section heading by inserting ‘‘AND 
YARDMASTER
EMPLOYEES’’ after ‘‘TRAIN
EM-
PLOYEES’’; 
(2) by inserting ‘‘or yardmaster employee’’ after 
‘‘train employee’’ each place it appears; and 
(3) 
in 
subsection 
(e) 
by 
inserting 
‘‘or 
yardmaster employee’s’’ after ‘‘During a train em-
ployee’s’’. 
(b) DEFINITIONS.—Section 21101 of title 49, United 
States Code, is amended— 
(1) in paragraph (3) by inserting ‘‘a yardmaster 
employee,’’ after ‘‘dispatching service employee,’’; 
and 
(2) by adding at the end the following: 
‘‘(6) ‘yardmaster employee’ means an indi-
vidual responsible for supervising and coordi-
nating the control of trains and engines oper-
ating within a rail yard.’’. 
(c) CONFORMING AMENDMENT.—The analysis for 
chapter 211 of title 49, United States Code, is amended 
by striking the item relating to section 21103 and insert-
ing the following: 
‘‘21103. Limitations on duty hours of train employees and yardmaster employ-
ees.’’. 
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SEC. 9509. LEAKING BRAKES. 
(a) IN GENERAL.—The Administrator of the Federal 
Railroad Administration shall take such actions as are 
necessary to prohibit the use of any service air brake con-
trol valve or emergency air brake control valve in any loca-
tion north of the 37th parallel during the period beginning 
on November 1 and ending on March 31 of any year if— 
(1) the period between the date on which the 
air brake control valve is in use and the date of the 
manufacture or recondition of such valve exceeds 15 
years; and 
(2) the air brake control valve is operated in— 
(A) a unit train on or after August 1, 
2023; 
(B) a train transporting 1 or more mate-
rials poisonous by inhalation, as such term is 
defined in section 171.8 of title 49, Code of 
Federal Regulations, on or after August 1, 
2023; or 
(C) a non-unit train on or after August 1, 
2025. 
(b) REPORTS.—Not later than 1 year after the date 
of enactment of this Act, and every year thereafter until 
air brake control valves described in subsection (a) are no 
longer operating in trains as required under subpara-
graphs (A) and (B) of subsection (a)(1), the Adminis-
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trator shall transmit to the Committee on Transportation 
and Infrastructure of the House of Representatives and 
the Committee on Commerce, Science, and Transportation 
of the Senate a report that identifies— 
(1) the estimated number of such air brake con-
trol valves in use on— 
(A) unit trains operating north of the 37th 
parallel between November 1 and April 1; and 
(B) trains transporting 1 or more material 
poisonous-by-inhalation operating north of the 
37th parallel during the period beginning on 
November 1 and ending on March 31; 
(2) any issues affecting the industry’s progress 
toward ensuring that such air brake control valves 
are phased out in accordance with the requirements 
of subsection (a); and 
(3) efforts the Administrator has taken since 
the previous report to ensure such air brake control 
valves are phased out in accordance with the re-
quirements of subsection (a). 
SEC. 9510. REPORT ON PTC SYSTEM FAILURES. 
Section 20157 of title 49, United States Code, is 
amended by adding at the end the following: 
‘‘(m) REPORT
OF SYSTEM FAILURES.—The Sec-
retary shall require railroad carriers and other entities 
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subject to subsection (a) to regularly report to the Sec-
retary failures of positive train control systems. The Sec-
retary shall prescribe the type of failure, format, interval, 
and detail required for reports submitted under this sub-
section.’’. 
SEC. 9511. FATIGUE REDUCTION MANAGEMENT PLANS. 
(a) IN GENERAL.—Not later than 1 year after the 
date of enactment of this Act, the Secretary of Transpor-
tation shall issue final regulations on fatigue management 
plans based on the notice of proposed rulemaking pub-
lished on December 22, 2020, titled ‘‘Fatigue Risk Man-
agement Programs for Certain Passenger and Freight 
Railroads’’ (85 Fed. Reg. 83484; Docket No. FRA–2015– 
0122). 
(b) MONITORING.— 
(1) FATIGUE AS CAUSE OR CONTRIBUTING FAC-
TOR.—If a Federal Railroad Administration railroad 
accident or incident investigation conducted under 
section 20902 of title 49, United States Code, iden-
tifies that fatigue was a casual or contributing factor 
to an accident or incident, the Secretary may reopen 
a fatigue management plan of a passenger railroad 
operation or a railroad subject to part 270 or part 
271, respectively, of title 49, Code of Federal Regu-
lations. 
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(2) FATIGUE AS SYSTEMIC ISSUE.—If the Sec-
retary determines that fatigue is a systemic issue for 
a passenger railroad operation or railroad, the Sec-
retary shall reopen a fatigue management plan of 
such passenger railroad operation or a railroad sub-
ject to part 270 or part 271, respectively, of title 49, 
Code of Federal Regulations. 
(3) REOPENING
OF
FATIGUE
MANAGEMENT 
PLAN.—If the Secretary reopens a fatigue manage-
ment plan under paragraph (1) or (2), the Secretary 
shall— 
(A) consider whether any statement filed 
under sections 270.208(e) and 271.207(e) of 
title 49, Code of Federal Regulations, addressed 
such plan; and 
(B) consult with employees, including labor 
organizations representing railroad employees, 
of the passenger railroad operation or railroad 
that has a reopened fatigue management plan. 
SEC. 9512. ASSAULT PREVENTION AND RESPONSE PLANS. 
(a) IN GENERAL.—Subchapter II of chapter 201 of 
title 49, United States Code, as amended by this division, 
is further amended by adding at the end the following: 
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‘‘§ 20170. Assault prevention and response plans 
‘‘(a) IN GENERAL.—Not later than 180 days after 
the date of enactment of the TRAIN Act, any entity that 
provides regularly scheduled intercity or commuter rail 
passenger transportation shall submit to the Secretary of 
Transportation for review and approval an assault preven-
tion and response plan (in this section referred to as the 
‘Plan’) to address transportation assaults. 
‘‘(b) CONTENTS OF PLAN.—The Plan required under 
subsection (a) shall include— 
‘‘(1) procedures that— 
‘‘(A) facilitate the reporting of a transpor-
tation assault, including the notification of on- 
site personnel, rail law enforcement, and local 
law enforcement; 
‘‘(B) personnel should follow up on the re-
porting of a transportation assault, including 
actions to protect affected individuals from con-
tinued assault; 
‘‘(C) may be taken to remove the pas-
senger or personnel who has committed a trans-
portation assault from the train or related area 
or facility as soon as practicable when appro-
priate; 
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‘‘(D) include protections and safe reporting 
practices for passengers who may have been as-
saulted by personnel; and 
‘‘(E) may limit or prohibit, to the extent 
practicable, future travel with the entity de-
scribed in subsection (a) by any passenger or 
personnel who commits a transportation assault 
against personnel or passengers; 
‘‘(2) a policy that ensures an employee who is 
a victim or witness of a transportation assault may 
participate in the prosecution of a criminal offense 
of such assault without any adverse effect on the vic-
tim’s or witnesses’ employment status; and 
‘‘(3) a process and timeline for conducting an 
annual review and update of the Plan. 
‘‘(c) NOTICE TO PASSENGERS.—An entity described 
under subsection (a) shall display onboard trains and in 
boarding areas, as appropriate, a notice stating the enti-
ty’s abilities to restrict future travel under subsection 
(b)(1)(E). 
‘‘(d) PERSONNEL TRAINING.—An entity described 
under subsection (a) shall provide initial and annual train-
ing for all personnel on the contents of the Plan, including 
training regarding— 
‘‘(1) the procedures described in subsection (b); 
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‘‘(2) methods for responding to hostile situa-
tions, including de-escalation training; and 
‘‘(3) rights and responsibilities of personnel 
with respect to a transportation assault on them-
selves, other personnel, or passengers. 
‘‘(e) PERSONNEL PARTICIPATION.—The Plan re-
quired under subsection (a) shall be developed and imple-
mented with the direct participation of personnel, and, as 
applicable, labor organizations representing personnel. 
‘‘(f) REPORTING.— 
‘‘(1) INCIDENT NOTIFICATION.— 
‘‘(A) IN
GENERAL.—Not later than 10 
days after a transportation assault incident, the 
applicable entity described in subsection (a) 
shall notify personnel employed at the location 
in which the incident occurred. In the case of 
an incident on a vehicle, such entity shall notify 
personnel regularly scheduled to carry out em-
ployment activities on the service route on 
which the incident occurred. 
‘‘(B) CONTENT OF INCIDENT REPORT.— 
The notification required under paragraph (1) 
shall— 
‘‘(i) include a summary of the inci-
dent; and 
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‘‘(ii) be written in a manner that pro-
tects the confidentiality of individuals in-
volved in the incident. 
‘‘(2) ANNUAL
REPORT.—For each calendar 
year, each entity with respect to which a transpor-
tation assault incident has been reported during 
such year shall submit to the Secretary a report that 
describes— 
‘‘(A) the number of assault incidents re-
ported to the entity, including— 
‘‘(i) the number of incidents com-
mitted against passengers; and 
‘‘(ii) the number of incidents com-
mitted against personnel; and 
‘‘(B) the number of assault incidents re-
ported to rail or local law enforcement by per-
sonnel of the entity. 
‘‘(3) PUBLICATION.—The Secretary shall make 
available to the public on the primary website of the 
Federal Railroad Administration the data collected 
under paragraph (2). 
‘‘(4) DATA PROTECTION.—Data made available 
under this subsection shall be made available in a 
manner that protects the confidentiality of individ-
uals involved in transportation assault incidents. 
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‘‘(g) DEFINITION OF TRANSPORTATION ASSAULT.— 
In this section, the term ‘transportation assault’ means 
the occurrence, or reasonably suspected occurrence, of an 
act that— 
‘‘(1) constitutes assault; 
‘‘(2) is committed by a passenger or member of 
personnel of an entity that provides regularly sched-
uled intercity or commuter rail passenger transpor-
tation against another passenger or member of per-
sonnel of such entity; and 
‘‘(3) takes place— 
‘‘(A) within a vehicle of such entity; or 
‘‘(B) in an area in which passengers are 
entering or exiting a vehicle described in sub-
paragraph (A); or 
‘‘(C) at a station or facility where such en-
tity operates, regardless of ownership of the 
station or facility.’’. 
(b) CONFORMING AMENDMENT.—The analysis for 
subchapter II of chapter 201 of title 49, United States 
Code, as amended by this division, is further amended by 
adding at the end the following: 
‘‘20170. Assault prevention and response plans.’’. 
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SEC. 9513. CRITICAL INCIDENT STRESS PLANS. 
The Secretary of Transportation shall issue such reg-
ulations as are necessary to amend part 272 of title 49, 
Code of Federal Regulations, to ensure that— 
(1) the coverage of a critical incident stress 
plan under section 272.7 of such part includes di-
rectly involved employees of commuter railroads and 
intercity passenger railroads, as such terms are de-
fined in section 272.9 of such part; and 
(2) assault and the witnessing of an assault 
against an employee or train passenger is included 
in the definition of critical incident under section 
272.9 of such part. 
SEC. 9514. CREWMEMBER CERTIFICATION AND QUALIFICA-
TION. 
(a) AUDIT OF PROGRAMS.— 
(1) IN
GENERAL.—Subchapter II of chapter 
201 of title 49, United States Code, as amended by 
this division, is further amended by adding at the 
end the following: 
‘‘§ 20171. Audit of qualification and certification pro-
grams 
‘‘(a) IN GENERAL.—Not later than 1 year after the 
date of enactment of the TRAIN Act, and not less fre-
quently than every 5 years thereafter, the Secretary shall 
conduct an audit of— 
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‘‘(1) the qualification and certification program 
of locomotive engineers of each Class I railroad car-
rier subject to the requirements of part 240 of title 
49, Code of Federal Regulations; and 
‘‘(2) the qualification and certification program 
of conductors of each Class I railroad carrier subject 
to the requirements of part 242 of title 49, Code of 
Federal Regulations. 
‘‘(b) CONTENTS
OF AUDIT.—In carrying out the 
audit required under subsection (a), the Secretary shall— 
‘‘(1) consider whether the training, qualifica-
tion, and continuing education components of the 
programs described in subsection (a) comply with 
regulations in parts 240 and 242 of title 49, Code 
of Federal Regulations; 
‘‘(2) assess the quality of the training that rail-
road carriers provide locomotive engineers and con-
ductors under such programs; 
‘‘(3) determine whether such programs provide 
locomotive engineers and conductors the knowledge, 
skill, and ability to safely operate the types of loco-
motives or trains a railroad carrier may require a lo-
comotive engineer and conductor to operate, includ-
ing all associated technology used on such loco-
motives or trains; 
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‘‘(4) determine whether the training, qualifica-
tion, and continuing education components of such 
programs reflect the operating practices of the rail-
road carrier carrying out such components; 
‘‘(5) assess whether a railroad carrier con-
ducting such programs provides locomotive engineers 
or conductors adequate at-controls training before 
certification; and 
‘‘(6) address any other safety issues the Sec-
retary determines appropriate for preparing loco-
motive engineers and conductors. 
‘‘(c) DEFICIENCY IN QUALIFICATION AND CERTIFI-
CATION PROGRAM.—If, in conducting the audit required 
under this section, the Secretary identifies a deficiency in 
a railroad carrier’s qualification and certification program 
of locomotive engineers or the qualification and certifi-
cation program of conductors, the Secretary shall require 
the railroad carrier to update such program to eliminate 
the deficiency. 
‘‘(d) CONSULTATION.—In conducting the audit re-
quired under this section, the Secretary shall consult with 
representatives of each railroad carrier and representa-
tives of the employees of the railroad carrier, including 
any nonprofit employee labor organization representing 
engineers or conductors of the railroad carrier. 
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‘‘(e) COOPERATION.— 
‘‘(1) IN GENERAL.—A railroad carrier and em-
ployees of the railroad carrier, including any non-
profit employee labor organization representing engi-
neers or conductors of the railroad carrier, shall co-
operate fully with the Secretary during an audit re-
quired under this section. 
‘‘(2) DOCUMENTS; INTERVIEWS.—A railroad 
carrier shall provide any documents requested by the 
Secretary or make available any employee for inter-
view with the Secretary without undue delay or ob-
struction. 
‘‘(f) REPORT TO CONGRESS.—Not later than 90 days 
after the date on which the Secretary completes an audit 
under subsection (a), the Secretary shall submit to the 
Committee on Transportation and Infrastructure of the 
House of Representatives and the Committee on Com-
merce, Science, and Transportation of the Senate a report 
that summarizes the results of the audit.’’. 
(2) CLERICAL AMENDMENT.—The analysis for 
subchapter II of chapter 201 of title 49, United 
States Code, as amended by this division, is further 
amended by adding at the end the following: 
‘‘20171. Audit of qualification and certification programs.’’. 
(b) REVIEW OF REGULATIONS.— 
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(1) IN GENERAL.—The Secretary of Transpor-
tation shall determine whether any update to part 
240 or 242, of title 49, Code of Federal Regulations, 
is necessary to prepare locomotive engineers and 
conductors to safely operate trains. 
(2) REQUIREMENTS.—In making a determina-
tion under paragraph (1), the Secretary shall— 
(A) evaluate, taking into account the re-
quirements of section 20169 of title 49, United 
States Code, whether such parts establish Fed-
eral standards for railroad carriers to— 
(i) provide locomotive engineers and 
conductors the knowledge, skill and ability 
to safely operate trains under conditions 
that reflect industry practices; 
(ii) adequately address locomotive en-
gineer and conductor situational aware-
ness; 
(iii) 
require 
adequate 
at-controls 
training before a locomotive engineer or 
conductor is certified; 
(iv) adequately prepare locomotive en-
gineers and conductors to understand all 
locomotive operating characteristics; 
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(v) sufficiently require locomotive en-
gineers and conductors to demonstrate 
knowledge on the physical characteristics 
of a territory under various conditions and 
using various resources; and 
(vi) address any other safety issue the 
Secretary determines appropriate for bet-
ter preparing locomotive engineers and 
conductors; and 
(B) consider the results of the audit re-
quired by section 20171 of title 49, United 
States Code. 
(3) REPORT
TO
CONGRESS.—Not later than 
180 days after the date on which the Secretary sub-
mits the report required under section 20171(f) of 
title 49, United States Code, the Secretary 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 that includes the find-
ings of the review required under paragraph (1) and 
a description of any action the Secretary intends to 
take to improve, or increase the effectiveness of the 
requirements of, part 240 or 242 of title 49, Code 
of Federal Regulations. 
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(4) RULEMAKING.—If the Secretary determines 
under paragraph (1) that any update to part 240 or 
242 is necessary to prepare locomotive engineers or 
conductors to safely operate locomotives or trains, 
the Secretary shall issue a rulemaking to carry out 
such update. 
(5) APPLICATION OF LAW.—Any action the Sec-
retary takes as a result of a determination made 
under paragraph (1) shall be consistent with section 
20169 of title 49, United States Code. 
(6) DEFINITION
OF
RAILROAD
CARRIER.—In 
this subsection, the term ‘‘railroad carrier’’ has the 
meaning given such term in section 20102 of title 
49, United States Code. 
SEC. 9515. SAFETY MANAGEMENT TEAM COMMUNICATION. 
(a) IN GENERAL.—Subchapter II of chapter 201 of 
title 49, United States Code, as amended by this division, 
is further amended by adding at the end the following: 
‘‘§ 20172. Safety management team communication 
‘‘The Administrator of the Federal Railroad Adminis-
tration shall implement a process for the communication 
of information between safety management teams of the 
Administration and railroad employees, including any non-
profit employee labor organization representing railroad 
employees. Such process shall include a reasonable time-
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frame for a safety management team to respond to com-
munication from such railroad employees.’’. 
(b) CLERICAL AMENDMENT.—The analysis for sub-
chapter II of chapter 201 of title 49, United States Code, 
as amended by this division, is further amended by adding 
at the end the following: 
‘‘20172. Safety management team communication.’’. 
SEC. 9516. GAO STUDY ON REORGANIZATION OF OFFICE OF 
RAILROAD SAFETY. 
(a) STUDY.—The Comptroller General of the United 
States shall conduct a study comparing the Office of Rail-
road Safety of the Federal Railroad Administration before 
and after the reorganization of such Office that took effect 
on June 8, 2020. 
(b) CONTENTS.—The study conducted under sub-
section (a) shall evaluate— 
(1) the differences in the structure of the Office 
before and after such reorganization; 
(2) any differences in the communication be-
tween the Office and railroad carriers and the em-
ployees of railroad carriers before and after such re-
organization; 
(3) any differences in the communication be-
tween Federal Railroad Administration safety in-
spectors and other specialists before and after such 
reorganization, and the impacts of such differences; 
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(4) whether the structure before or after such 
reorganization better protects against regulatory 
capture; 
(5) whether the structure before or after such 
reorganization is better at promoting and ensuring 
safety; 
(6) whether the structure before or after such 
reorganization more closely resembles the structure 
of other Department of Transportation modal agen-
cies that have enforcement authority similar to the 
Federal Railroad Administration; and 
(7) any other issues the Comptroller General 
determines are relevant. 
(c) INFORMATION COLLECTION.—In conducting the 
study required under this section, the Comptroller General 
shall collect information from the following entities: 
(1) The Federal Railroad Administration. 
(2) Freight rail carriers and passenger rail car-
riers. 
(3) Employees of freight rail carriers and pas-
senger rail carriers. 
(4) Other entities the Comptroller General de-
termines are relevant. 
(d) REPORT.—Not later than 1 year after the date 
of enactment of this Act, the Comptroller General shall 
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transmit to the Committee on Transportation and Infra-
structure of the House of Representatives and the Com-
mittee on Commerce, Science, and Transportation of the 
Senate a report that includes the findings of the study 
conducted under subsection (a) and any recommendations 
for improving safety and communication between the Of-
fice of Railroad Safety and the entities identified in para-
graphs (2) and (3) of subsection (c). 
SEC. 9517. OPEN-TOP RAIL CAR PUBLIC INPUT. 
Not later than 1 year after the date of enactment 
of this Act, the Administrator of the Federal Railroad Ad-
ministration shall initiate a public process to seek input 
on addressing safety risks, spills, emissions, odors, and 
other public nuisances associated with top loading rail 
cars, open-top hoppers, and gondolas, including evaluating 
the feasibility of a requirement that such rail cars be cov-
ered while in transportation, including while being held, 
delayed, or transferred. 
SEC. 9518. NEW PASSENGER SERVICE PRE-REVENUE SAFE-
TY VALIDATION PLAN. 
(a) IN GENERAL.—Subchapter I of chapter 201 of 
title 49, United States Code, is amended by adding at the 
end the following: 
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‘‘§ 20122. New passenger service pre-revenue safety 
validation plan 
‘‘(a) SAFETY VALIDATION PLAN.— 
‘‘(1) IN GENERAL.—The Secretary of Transpor-
tation shall require a covered entity to submit to the 
Secretary a safety validation plan to ensure the safe 
operation of— 
‘‘(A) a new intercity rail passenger trans-
portation or commuter rail passenger transpor-
tation service; 
‘‘(B) an intercity rail passenger transpor-
tation or commuter rail passenger transpor-
tation route that has not been in revenue serv-
ice for a period of more than 180 days; or 
‘‘(C) an extension of an existing intercity 
rail passenger transportation or commuter rail 
passenger transportation route. 
‘‘(2) SUBMISSION.—A covered entity shall sub-
mit a safety validation plan required under para-
graph (1) not later than 30 days before the date on 
which such entity begins revenue service of a service 
or route described in paragraph (1). 
‘‘(b) REQUIREMENTS.— 
‘‘(1) IN
GENERAL.—Not later than 60 days 
after the date of enactment of the TRAIN Act, the 
Secretary shall establish the requirements of the 
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safety validation plan described under subsection 
(a), including adequate training of all relevant per-
sonnel and a minimum period of simulated service to 
ensure operational readiness. 
‘‘(2) PROHIBITION OF SERVICE.—The Secretary 
shall prohibit a covered entity from beginning a serv-
ice described in subsection (a)(1) until the entity is 
in full compliance with the safety validation plan re-
quired by such subsection. 
‘‘(c) AMENDMENT TO SAFETY VALIDATION PLAN.— 
‘‘(1) IN GENERAL.—The Secretary shall require 
a covered entity to submit to the Secretary for re-
view and approval any proposed amendment to a 
safety validation plan required under subsection (a). 
‘‘(2) REVIEW AND APPROVAL.—Not later than 
5 working days after the date on which the Sec-
retary receives a proposed amendment submitted 
under paragraph (1), the Secretary shall review and 
approve or deny such proposed amendment. 
‘‘(3) NOTIFICATION.—If the Secretary does not 
approve a proposed amendment submitted under 
this subsection, the Secretary shall provide written 
notice to the covered entity of the specific areas in 
which the proposed amendment is deficient. An enti-
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ty may correct such deficiencies and reapply for re-
view and approval under this subsection. 
‘‘(d) DEFINITIONS.—In this section: 
‘‘(1) COVERED ENTITY.—The term ‘covered en-
tity’ means an entity providing regularly scheduled 
railroad transportation that is intercity rail pas-
senger transportation or commuter rail passenger 
transportation. 
‘‘(2) INTERCITY RAIL PASSENGER TRANSPOR-
TATION; COMMUTER
RAIL
PASSENGER
TRANSPOR-
TATION.—The terms ‘intercity rail passenger trans-
portation’ and ‘commuter rail passenger transpor-
tation’ have the meanings given such terms in sec-
tion 24102.’’. 
(b) CLERICAL AMENDMENT.—The analysis for sub-
chapter I of chapter 201 of title 49, United States Code, 
is amended by adding at the end the following new item: 
‘‘20122. New passenger service pre-revenue safety validation plan.’’. 
SEC. 9519. SAFETY OVERSIGHT OF NONTRADITIONAL AND 
EMERGING RAIL TECHNOLOGIES. 
(a) IN GENERAL.—The Secretary of Transportation 
shall conduct a review of the safety regulations of the Fed-
eral Railroad Administration to determine the applicability 
of such regulations to nontraditional and emerging rail 
technologies and to identify any gaps in such regulations 
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or any challenges to ensuring the safety of such tech-
nologies. 
(b) REPORT.—Not later than 18 months after the 
date of enactment of this 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 on the findings of the review conducted under sub-
section (a). 
(c) CONTENTS.—The report required under sub-
section (b) shall include a description of— 
(1) the applicability of safety regulations in ef-
fect on the date of enactment of this Act to non-
traditional and emerging rail technologies; 
(2) whether gaps in the regulations or other 
challenges exist that should be addressed in order to 
ensure the safety of nontraditional and emerging rail 
technologies; 
(3) any additional regulations that are nec-
essary to ensure the safety of nontraditional and 
emerging rail technologies; and 
(4) any additional research that may be needed 
to further evaluate and regulate the safety of non-
traditional and emerging rail technologies. 
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(d) PUBLIC NOTICE AND COMMENT.—In conducting 
the review process under subsection (a), the Secretary 
shall provide notice and an opportunity for public com-
ment for not less than 60 days. 
(e) NONTRADITIONAL AND EMERGING RAIL TECH-
NOLOGIES DEFINED.—In this section, the term ‘‘nontradi-
tional and emerging rail technologies’’ means nonhighway 
ground transportation that runs on electromagnetic guide-
ways in a tube, or system of tubes, that operates in a low- 
pressure environment. 
Subtitle B—Grade Crossing Safety 
SEC. 9551. HIGHWAY-RAIL GRADE CROSSING SEPARATION 
GRANTS. 
(a) IN GENERAL.—Subchapter II of chapter 201 of 
title 49, United States Code, as amended by this division, 
is further amended by adding at the end the following: 
‘‘§ 20173. Highway-rail grade crossing separation 
grants 
‘‘(a) GENERAL
AUTHORITY.—The Secretary of 
Transportation shall make grants under this section to eli-
gible entities to assist in funding the cost of highway-rail 
grade crossing separation projects. 
‘‘(b) APPLICATION REQUIREMENTS.—To be eligible 
for a grant under this section, an eligible entity shall sub-
mit to the Secretary an application in such form, in such 
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manner, and containing such information as the Secretary 
may require, including— 
‘‘(1) an agreement between the entity that owns 
or controls the railroad right-of-way and the appli-
cant addressing access to the railroad right-of-way 
throughout the project; and 
‘‘(2) a cost-sharing agreement with the funding 
amounts that the entity that owns or controls the 
railroad right-of-way shall contribute to the project, 
which shall be not less than 10 percent of the total 
project cost. 
‘‘(c) ELIGIBLE PROJECTS.—The following projects 
are eligible to receive a grant under this section: 
‘‘(1) Installation, repair, or improvement of 
highway-rail grade crossing separations. 
‘‘(2) Highway-rail grade crossing elimination 
incidental to eligible grade crossing separation 
projects. 
‘‘(3) Project planning, development, and envi-
ronmental work related to a project described in 
paragraph (1) or (2). 
‘‘(d) PROJECT SELECTION CRITERIA.—In awarding 
grants under this section, the Secretary— 
‘‘(1) shall give priority to projects that maxi-
mize the safety benefits of Federal funding; and 
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‘‘(2) may evaluate applications on the safety 
profile of the existing crossing, 10-year history of ac-
cidents at such crossing, inclusion of the proposed 
project on a State highway-rail grade crossing action 
plan required under section 11401(b) of the FAST 
Act (49 U.S.C. 22501(b)), average daily vehicle traf-
fic, total number of trains per day, average daily 
number of crossing closures, the challenges of grade 
crossings located near international borders, prox-
imity to established emergency evacuation routes, 
and proximity of community resources, including 
schools, hospitals, fire stations, police stations, and 
emergency medical service facilities. 
‘‘(e) FEDERAL SHARE OF TOTAL PROJECT COSTS.— 
‘‘(1) TOTAL
PROJECT
COSTS.—The Secretary 
shall estimate the total costs of a project under this 
section based on the best available information, in-
cluding any available engineering studies, studies of 
economic feasibility, environmental analysis, and in-
formation on the expected use of equipment or facili-
ties. 
‘‘(2) FEDERAL SHARE.—The Federal share for 
a project carried out under this section shall not ex-
ceed 85 percent. 
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‘‘(f) GRANT CONDITIONS.—An eligible entity may not 
receive a grant for a project under this section unless such 
project is in compliance with section 22905. 
‘‘(g) TWO-YEAR 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 
no more than 2 years for a project an amount 
that is not more than the amount stipulated as 
the financial participation of the Secretary for 
the project; and 
‘‘(B) states that the contingent commit-
ment— 
‘‘(i) is not an obligation of the Fed-
eral Government; and 
‘‘(ii) is subject to the availability of 
appropriations for grants under this sec-
tion and subject to Federal laws in force or 
enacted after the date of the contingent 
commitment. 
‘‘(2) CONGRESSIONAL NOTIFICATION.— 
‘‘(A) IN GENERAL.—Not later than 3 days 
before issuing a letter of intent under para-
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graph (1), the Secretary shall submit written 
notification 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 sub-
section (d) for selecting the project for a 
grant; and 
‘‘(iii) a description of how the project 
meets such criteria. 
‘‘(h) APPROPRIATIONS REQUIRED.—An obligation or 
administrative commitment may be made under subsection 
(g) only after amounts are appropriated for such purpose. 
‘‘(i) DEFINITIONS.—In this section: 
‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible en-
tity’ means— 
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‘‘(A) a State; 
‘‘(B) a public agency or publicly chartered 
authority; 
‘‘(C) a metropolitan planning organization; 
‘‘(D) a political subdivision of a State; and 
‘‘(E) a Tribal government. 
‘‘(2) METROPOLITAN
PLANNING
ORGANIZA-
TION.—The term ‘metropolitan planning organiza-
tion’ has the meaning given such term in section 
134(b) of title 23. 
‘‘(3) STATE.—The term ‘State’ means a State 
of the United States or the District of Columbia.’’. 
(b) CLERICAL AMENDMENT.—The analysis for sub-
chapter II of chapter 201 of title 49, United States Code, 
as amended by this division, is further amended by adding 
at the end the following: 
‘‘20173. Highway-rail grade crossing separation grants.’’. 
SEC. 9552. RAIL SAFETY PUBLIC AWARENESS GRANT. 
Section 22907 of title 49, United States Code (as 
amended by this Act), is further amended by adding at 
the end the following new subsection: 
‘‘(o) RAIL SAFETY PUBLIC AWARENESS GRANTS.— 
‘‘(1) GRANT.—Of the amounts made available 
to carry out this section, the Secretary shall make 
grants to nonprofit organizations to carry out public 
information and education programs to help prevent 
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and reduce rail-related pedestrian, motor vehicle, 
and other incidents, injuries, and fatalities, and to 
improve awareness along railroad right-of-way and 
at railway-highway grade crossings. 
‘‘(2) SELECTION.—Programs eligible for a 
grant under this subsection— 
‘‘(A) shall include, as appropriate— 
‘‘(i) development, placement, and dis-
semination of public service announce-
ments in appropriate media; 
‘‘(ii) school presentations, driver and 
pedestrian safety education, materials, and 
public awareness campaigns; and 
‘‘(iii) disseminating information to the 
public on how to identify and report to the 
appropriate authorities— 
‘‘(I) unsafe or malfunctioning 
highway-rail 
grade 
crossings 
and 
equipment; and 
‘‘(II) high-risk and unsafe behav-
ior and trespassing around railroad 
right-of-way; and 
‘‘(B) may include targeted and sustained 
outreach in communities at greatest risk to de-
velop measures to reduce such risk. 
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‘‘(3) COORDINATION.—Eligible entities shall co-
ordinate program activities with local communities, 
law enforcement and emergency responders, and 
railroad carriers, as appropriate, and ensure consist-
ency with State highway-rail grade crossing action 
plans required under section 11401(b) of the FAST 
Act (49 U.S.C. 22501 note) and the report titled 
‘National Strategy to Prevent Trespassing on Rail-
road Property’ issued by the Federal Railroad Ad-
ministration in October 2018. 
‘‘(4) PRIORITIZATION.—In awarding grants 
under this subsection, the Administrator shall give 
priority to applications for programs that— 
‘‘(A) are nationally recognized; 
‘‘(B) are targeted at schools in close prox-
imity to railroad right-of-way; 
‘‘(C) partner with nearby railroad carriers; 
or 
‘‘(D) focus on communities with a recorded 
history of repeated pedestrian and motor vehicle 
accidents, incidents, injuries, and fatalities at 
highway-rail grade crossings and along railroad 
right-of-way. 
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‘‘(5) APPLICABILITY.—Section 22905 shall not 
apply to contracts and agreements made under this 
subsection.’’. 
SEC. 9553. ESTABLISHMENT OF 10-MINUTE TIME LIMIT FOR 
BLOCKING PUBLIC HIGHWAY-RAIL GRADE 
CROSSINGS. 
(a) IN GENERAL.—Subchapter II of chapter 201 of 
title 49, United States Code, as amended by this division, 
is further amended by adding at the end the following: 
‘‘§ 20174. Time limit for blocking public highway-rail 
grade crossing 
‘‘(a) TIME LIMIT.—A railroad carrier may not cause 
a blocked crossing incident that is longer than 10 minutes 
in duration, unless the blocked crossing incident is caused 
by— 
‘‘(1) a casualty or serious injury; 
‘‘(2) an accident; 
‘‘(3) a track obstruction; 
‘‘(4) actions necessary to comply with Federal 
rail safety laws, regulations, or orders issued there-
under unless the action to comply could reasonably 
occur at a different time or location; 
‘‘(5) actions necessary to adhere to section 
24308; 
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‘‘(6) a train fully contained within rail yard lim-
its or fully contained in a rail siding; 
‘‘(7) an act of God; or 
‘‘(8) a derailment or a safety appliance equip-
ment failure that prevents the train from advancing. 
‘‘(b) INVESTIGATION
OF FREQUENTLY BLOCKED 
CROSSINGS.—For any public highway-rail grade crossing 
that has had 3 or more blocked crossing incidents that 
exceed the time limit set forth in subsection (a) and are 
reported to the blocked crossing database, and such inci-
dents have occurred on at least 3 calendar days within 
a 30-day period, the Secretary shall— 
‘‘(1) provide an electronic notice of the number 
of reported blocked crossing incidents to the railroad 
carrier that owns the public highway-rail grade 
crossing; and 
‘‘(2) investigate the causes of the blocked cross-
ing incidents; and 
‘‘(3) investigate possible measures to reduce the 
frequency and duration of blocked crossing incidents 
at such grade crossing. 
‘‘(c) RECORDKEEPING.— 
‘‘(1) IN
GENERAL.—A railroad carrier shall, 
upon receiving a notice under subsection (b), main-
tain train location data records for the public high-
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way-rail grade crossing that was the subject of the 
notice. 
‘‘(2) CONTENTS OF RECORDS.—The train loca-
tion data records required under paragraph (1) shall 
include— 
‘‘(A) a list of all blocked crossing incidents 
at the public highway-rail grade crossing that is 
the subject of the report exceeding 10 minutes; 
‘‘(B) the cause of the blocked crossing inci-
dent (to the extent available); 
‘‘(C) train length; and 
‘‘(D) the estimated duration of each 
blocked crossing incident. 
‘‘(3) CONSULTATION.—Beginning on the date 
on which a railroad carrier receives a notice under 
subsection (b), the Secretary may consult with the 
carrier for a period of 60 days to address concerns 
with blocked crossing incidents at the public high-
way-rail grade crossing that is the subject of the no-
tice. 
‘‘(4) EXPIRATION OF DATA COLLECTION.—The 
requirement to maintain records under paragraph 
(1) shall cease with respect to a public highway-rail 
grade crossing noticed under subsection (b)(2) if 
there are no reports submitted to the blocked cross-
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ing database for blocked crossing incidents reported 
to occur at such grade crossing during the previous 
365 consecutive calendar days. 
‘‘(d) CIVIL PENALTIES.— 
‘‘(1) IN GENERAL.—The Secretary may issue 
civil penalties in accordance with section 21301 to 
railroad carriers for violations of subsection (a) oc-
curring 60 days after the date of submission of a no-
tice under subsection (b). 
‘‘(2) RELEASE OF RECORDS.—Upon the request 
of, and under requirements set by, the Secretary, 
railroad carriers shall provide the records main-
tained pursuant to subsection (c)(1) to the Adminis-
trator of the Federal Railroad Administration. 
‘‘(3) ALTERNATE
ROUTE
EXEMPTION.—Civil 
penalties may not be issued for violations of sub-
section (a) that occur at a public highway-rail grade 
crossing if no alternate route created by a public 
highway-rail grade separation exists within a half 
mile by road of such public highway-rail grade cross-
ing. 
‘‘(4) GRADE SEPARATION PROJECT.—Civil pen-
alties may not be issued for violations of subsection 
(a) if the violation occurs at a public highway-rail 
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grade crossing for which there is a proposed grade 
separation project— 
‘‘(A) that has received written agreement 
from the relevant local authorities; and 
‘‘(B) for which railroad carrier and project 
funding from all parties has been budgeted. 
‘‘(5) CONSIDERATIONS.—In determining civil 
penalties under this section, the Secretary shall con-
sider increased penalties in a case in which a pattern 
of the blocked crossing incidents continue to cause 
delays to State or local emergency services. 
‘‘(e) APPLICATION
TO AMTRAK
AND COMMUTER 
RAILROADS.—This section shall not apply to Amtrak or 
commuter authorities, including Amtrak and commuter 
authorities’ operations run or dispatched by a Class I rail-
road. 
‘‘(f) DEFINITIONS.—In this section: 
‘‘(1) BLOCKED
CROSSING
DATABASE.—The 
term ‘blocked crossing database’ means the national 
blocked crossing database established under section 
20174. 
‘‘(2) BLOCKED CROSSING INCIDENT.—The term 
‘blocked crossing incident’ means a circumstance in 
which a train, locomotive, rail car, or other rail 
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equipment is stopped in a manner that obstructs 
travel at a public highway-rail grade crossing. 
‘‘(3) PUBLIC
HIGHWAY-RAIL
GRADE
CROSS-
ING.—The term ‘public highway-rail grade crossing’ 
means a location within a State in which a public 
highway, road, or street, including associated side-
walks and pathways, crosses 1 or more railroad 
tracks at grade.’’. 
(b) CLERICAL AMENDMENT.—The analysis for sub-
chapter II of chapter 201 of title 49, United States Code, 
is further amended by adding at the end the following new 
item: 
‘‘20174. Time limit for blocking public highway-rail grade crossing.’’. 
SEC. 9554. NATIONAL BLOCKED CROSSING DATABASE. 
(a) IN GENERAL.—Subchapter II of chapter 201 of 
title 49, United States Code, as amended by this division, 
is further amended by adding at the end the following: 
‘‘§ 20175. National blocked crossing database 
‘‘(a) DATABASE.—Not later than 45 days after the 
date of enactment of the TRAIN Act, the Secretary of 
Transportation shall establish a national blocked crossings 
database for the public to report blocked crossing inci-
dents. 
‘‘(b) PUBLIC AWARENESS.—Not later than 60 days 
after the date of enactment of the TRAIN Act, the Sec-
retary shall require each railroad carrier to publish the 
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active link to report blocked crossing incidents on the 
website of the national blocked crossings database de-
scribed in subsection (a) on the home page of the publicly- 
available website of the railroad carrier. 
‘‘(c) BLOCKED CROSSING INCIDENT; PUBLIC HIGH-
WAY-RAIL GRADE CROSSING.—In this section, the terms 
‘blocked crossing incident’ and ‘public highway-rail grade 
crossing’ have the meanings given the terms in section 
20174.’’. 
(b) CLERICAL AMENDMENT.—The analysis for sub-
chapter II of chapter 201 of title 49, United States Code, 
is further amended by adding at the end the following new 
item: 
‘‘20175. National blocked crossing database.’’. 
SEC. 9555. RAILROAD POINT OF CONTACT FOR BLOCKED 
CROSSING MATTERS. 
Section 20152 of title 49, United States Code, is 
amended— 
(1) in subsection (a)— 
(A) in paragraph (1)— 
(i) in subparagraph (C) by striking 
‘‘or’’ at the end; 
(ii) by redesignating subparagraph 
(D) as subparagraph (E); and 
(iii) by inserting the following after 
subparagraph (C): 
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‘‘(D) blocked crossing incident, as defined 
in section 20174; or’’; 
(B) in paragraph (4)— 
(i) by striking ‘‘paragraph (1)(C) or 
(D)’’ and inserting ‘‘subparagraph (C), 
(D), or (E) of paragraph (1)’’; and 
(ii) by striking ‘‘and’’ at the end; 
(C) in paragraph (5) by striking the period 
at the end and inserting a semicolon ; and 
(D) by adding at the end the following: 
‘‘(6) upon receiving a report of a blocked cross-
ing pursuant to paragraph (1)(D), the railroad car-
rier shall, within 14 days of receipt of the report— 
‘‘(A) verify that the public highway-rail 
grade crossing, as defined in section 20174, was 
blocked for a period of at least 10 minutes; and 
‘‘(B) upon positive verification of the re-
port, enter the report into the national blocked 
crossings database established in section 20174; 
and 
‘‘(7) promptly inform the Secretary of any up-
date to the number maintained under paragraph 
(1).’’; and 
(2) by adding at the end the following: 
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‘‘(c) PUBLICATION OF TELEPHONE NUMBERS.—The 
Secretary shall make any telephone number established 
under subsection (a) publicly available on the website of 
the Department of Transportation.’’. 
SEC. 9556. NATIONAL HIGHWAY-RAIL CROSSING INVEN-
TORY REVIEW. 
(a) IN GENERAL.—Not later than 180 days after the 
date of enactment of this Act, the Secretary of Transpor-
tation shall expend such sums as are necessary to conduct 
a comprehensive review of the national highway-rail cross-
ing inventory of the Department of Transportation estab-
lished under section 20160 of title 49, United States Code. 
(b) CONTENTS.—In conducting the review required 
under subsection (a), the Secretary shall— 
(1) verify the accuracy of the data contained in 
the inventory described in subsection (a) using map-
ping technologies and other methods; and 
(2) correct erroneous data in such inventory. 
(c) REPORT.—Not later than 30 days after the com-
pletion of the review required under subsection (a), the 
Secretary shall submit to the Committee on Transpor-
tation and Infrastructure of the House of Representatives 
and the Committee on Commerce, Science, and Transpor-
tation of the Senate a report detailing corrections made 
to the inventory described in subsection (a) and the Sec-
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retary’s plans to ensure continued accuracy of such inven-
tory. 
SEC. 
9557. 
RAILROAD 
TRESPASSING 
ENFORCEMENT 
GRANTS. 
Section 22907 of title 49, United States Code, is fur-
ther amended by adding at the end the following: 
‘‘(p) 
RAILROAD
TRESPASSING
ENFORCEMENT 
GRANTS.— 
‘‘(1) IN
GENERAL.—Of the amounts made 
available under this section, the Secretary may make 
grants to public law enforcement agencies engaged 
in, or seeking to engage in, suicide prevention efforts 
along railroad right-of-way to pay wages of law en-
forcement personnel to patrol railroad right-of-way 
located in communities at risk for rail trespassing 
incidents and fatalities. 
‘‘(2) PRIORITIZATION.—In awarding grants 
under this subsection, the Administrator shall give 
priority to applications from entities that have juris-
diction within the boundaries of the 10 States with 
the highest incidence of rail trespass related casual-
ties as reported in the previous fiscal year, as re-
ported by the National Rail Accident Incident Re-
porting System. 
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‘‘(3) LIMITATION.—The Secretary shall not 
award more than 3 annual grants under this sub-
section to the same entity.’’. 
SEC. 9558. RAILROAD TRESPASSING SUICIDE PREVENTION 
GRANTS. 
Section 22907 of title 49, United States Code, is fur-
ther amended by adding at the end the following: 
‘‘(q) RAILROAD TRESPASSING SUICIDE GRANTS.— 
‘‘(1) IN
GENERAL.—Of the amounts made 
available to carry out this section, the Secretary may 
make grants to eligible entities to implement a pub-
lic outreach campaign to reduce the number of rail-
road suicides. 
‘‘(2) ELIGIBLE ENTITY.—In this subsection, the 
term ‘eligible entity’ means a nonprofit mental 
health organization engaged in, or seeking to engage 
in, suicide prevention efforts along railroad right-of- 
way in partnership with a railroad carrier, as de-
fined in section 20102.’’. 
SEC. 9559. INCLUDING RAILROAD SUICIDES. 
(a) IN GENERAL.—Not less than 180 days after the 
enactment of this Act, the Secretary of Transportation 
shall revise any regulations, guidance, or other relevant 
agency documents to include the number of suicides on 
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a railroad crossing or railroad right-of-way in the total 
number of rail fatalities the Secretary reports each year. 
(b) AUTHORITY OF THE SECRETARY.—In carrying 
out subsection (a), the Secretary may require Federal, 
State, and local agencies, railroads, or other entities to 
submit such data as necessary. 
(c) APPLICABILITY
OF
RULEMAKING
REQUIRE-
MENTS.—The requirements of section 553 of title 5, 
United States Code, shall not apply to the modification 
required by subsection (a). 
SEC. 9560. REPORT ON SAFETY MEASURES REQUIRED FOR 
QUIET ZONES. 
Not later than 180 days after the date of enactment 
of this Act, the Administrator of the Federal Railroad Ad-
ministration shall— 
(1) submit to Congress a report on any supple-
mentary safety measures and alternative safety 
measures not contained in part 222 of title 49, Code 
of Federal Regulations, that can be used to qualify 
for a Quiet Zone or Partial Quiet Zone; and 
(2) include in the report submitted under para-
graph (1)— 
(A) a summary of the supplementary safe-
ty measures and alternative safety measures for 
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which a public authority has requested approval 
from the Administrator to implement; and 
(B) an explanation for why such requests 
were not granted. 
TITLE VI—MISCELLANEOUS 
SEC. 9601. RAIL NETWORK CLIMATE CHANGE VULNER-
ABILITY ASSESSMENT. 
(a) IN GENERAL.—The Secretary of Transportation 
shall seek to enter into an agreement with the National 
Academies to conduct an assessment of the potential im-
pacts of climate change on the national rail network. 
(b) ASSESSMENT.—At a minimum, the assessment 
conducted pursuant to subsection (a) shall— 
(1) cover the entire freight and intercity pas-
senger rail network of the United States; 
(2) evaluate risk to the network over 5-, 30-, 
and 50-year outlooks; 
(3) examine and describe potential effects of cli-
mate change and extreme weather events on pas-
senger and freight rail infrastructure, trackage, and 
facilities, including facilities owned by rail shippers; 
(4) identify and categorize the assets described 
in paragraph (3) by vulnerability level and geo-
graphic area; and 
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(5) recommend strategies or measures to miti-
gate any adverse impacts of climate change, includ-
ing— 
(A) emergency preparedness measures; 
(B) resiliency best practices for infrastruc-
ture planning; and 
(C) coordination with State and local au-
thorities. 
(c) REPORT.—Not later than 18 months after the 
date of enactment of this 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 containing the findings of the assessment conducted 
pursuant to subsection (a). 
(d) FURTHER COORDINATION.—The Secretary shall 
make the report publicly available on the website of the 
Department of Transportation and communicate the re-
sults of the assessment with stakeholders. 
(e) REGULATORY
AUTHORITY.—If the Secretary 
finds in the report required under subsection (c) that reg-
ulatory measures are warranted and such measures are 
otherwise under the existing authority of the Secretary, 
the Secretary may issue such regulations as are necessary 
to implement such measures. 
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(f) FUNDING.—From the amounts made available for 
fiscal year 2022 under section 20117(b) of title 49, United 
States Code, the Secretary shall expend not less than 
$1,500,000 to carry out the study required under subpara-
graph (a). 
SEC. 9602. ADVANCE ACQUISITION. 
(a) IN GENERAL.—Chapter 242 of title 49, United 
States Code, is amended by inserting the following after 
section 24202: 
‘‘SEC. 24203. ADVANCE ACQUISITION. 
‘‘(a) RAIL CORRIDOR PRESERVATION.—The Sec-
retary of Transportation may assist a recipient of Federal 
financial assistance provided by the Secretary for an inter-
city passenger rail project in acquiring a right-of-way and 
adjacent real property interests before or during the com-
pletion of the environmental reviews for a project that may 
use such property interests if the acquisition is otherwise 
permitted under Federal law. 
‘‘(b) CERTIFICATION.—Before authorizing advance 
acquisition under this section, the Secretary shall verify 
that— 
‘‘(1) the recipient has authority to acquire the 
real property interest; 
‘‘(2) the acquisition of the real property inter-
est— 
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‘‘(A) is for a transportation purpose; 
‘‘(B) will not cause significant adverse en-
vironmental impact; 
‘‘(C) will not limit the choice of reasonable 
alternatives for the proposed project or other-
wise influence the decision of the Secretary on 
any approval required for the project; 
‘‘(D) does not prevent the lead agency 
from making an impartial decision as to wheth-
er to accept an alternative that is being consid-
ered; 
‘‘(E) complies with other applicable Fed-
eral laws and regulations; and 
‘‘(F) will not result in elimination or re-
duction of benefits or assistance to a displaced 
person required by the Uniform Relocation As-
sistance and Real Property Acquisition Policies 
Act of 1970 (42 U.S.C. 4601 et seq.) and title 
VI of the Civil Rights Act of 1964 (42 U.S.C. 
2000d et seq.). 
‘‘(c) ENVIRONMENTAL REVIEWS.— 
‘‘(1) COMPLETION OF NEPA REVIEW.—Before 
reimbursing or approving the expenditure of Federal 
funding for an acquisition of a real property inter-
est, the Secretary shall complete all review processes 
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otherwise required under the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4321 et seq.), 
section 4(f) of the Department of Transportation 
Act of 1966 (49 U.S.C. 303), and section 106 of the 
National Historic Preservation Act (16 U.S.C. 470f) 
with respect to the acquisition. 
‘‘(2) TIMING OF DEVELOPMENT ACQUISITION.— 
A real property interest acquired under subsection 
(a) may not be developed in anticipation of the pro-
posed project until all required environmental re-
views for the project have been completed. 
‘‘(d) INCLUSION
IN
NON-FEDERAL
SHARE
OF 
PROJECT COSTS.—Non-Federal funds used to acquire 
right-of-way and adjacent real property interests under 
this section before or during the environmental review, or 
before the award of a grant by the Secretary, shall be in-
cluded in determining the non-Federal share of the costs 
of the underlying intercity passenger rail project. 
‘‘(e) SAVINGS CLAUSE.—The advance acquisition 
process described in this section— 
‘‘(1) is in addition to processes in effect on or 
before the date of enactment of the TRAIN Act; and 
‘‘(2) does not affect— 
‘‘(A) any right of the recipient described in 
subsection (a) to acquire property; or 
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‘‘(B) any other environmental review proc-
ess, program, agreement, or funding arrange-
ment related to the acquisition of real property, 
in effect on the date of enactment of the 
TRAIN Act.’’. 
(b) CLERICAL AMENDMENT.—The analysis for chap-
ter 242 of title 49, United States Code, is amended by 
inserting after the item relating to section 24202 the fol-
lowing new item: 
‘‘Sec. 24203. Advance acquisition.’’. 
SEC. 9603. UNIVERSITY RAIL CLIMATE INNOVATION GRANT 
PROGRAM. 
(a) IN GENERAL.—Chapter 229 of title 49, United 
States Code, is further amended by adding at the end the 
following: 
‘‘§ 22912. University rail climate innovation grant 
program 
‘‘(a) ESTABLISHMENT.—The Secretary of Transpor-
tation shall establish a university rail climate innovation 
grant program (in this section referred to as the ‘Pro-
gram’) to make grants to institutions of higher education 
for the research and development of low- and zero-emis-
sion rail technologies. 
‘‘(b) QUALIFICATIONS.—To be eligible for a grant 
under the Program, an institution of higher education 
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shall have an active research program to study the devel-
opment of low- and zero-emission rail technologies. 
‘‘(c) APPLICATIONS.—To be eligible for a grant under 
the Program, an institution of higher education shall sub-
mit to the Secretary an application in such form, at such 
time, and containing such information as the Secretary 
may require. 
‘‘(d) ELIGIBLE
PROJECTS.—The Secretary may 
award grants under the Program to applicants that sub-
mit a comprehensive proposal for a low- and zero-emission 
rail project that includes activities to carry out the re-
search, design, development, and demonstration of 1 or 
more of the following: 
‘‘(1) Hydrogen-powered locomotives and associ-
ated locomotive technologies. 
‘‘(2) Battery-powered locomotives and associ-
ated locomotive technologies. 
‘‘(3) Rail technologies that significantly reduce 
greenhouse gas emissions, as determined appropriate 
by the Secretary. 
‘‘(e) FUNDING REQUIREMENT.—The Federal share 
of the total cost of a project for which a grant is awarded 
under this section shall not exceed 50 percent. 
‘‘(f) PROJECT PRIORITIZATION.—In making grants 
for projects under the Program, the Secretary shall give 
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priority to institutions of higher education that enter into 
a cost-sharing agreement for purposes of the Program 
with a railroad or rail supplier. 
‘‘(g) CONSIDERATIONS.—In making grants for 
projects under the Program, the Secretary shall con-
sider— 
‘‘(1) the extent to which a project maximizes 
greenhouse gas reductions; 
‘‘(2) the potential of a project to increase the 
use of low- and zero- emission rail technologies 
among the United States freight and passenger rail 
industry; and 
‘‘(3) the anticipated public benefits of a project. 
‘‘(h) NOTIFICATION.— 
‘‘(1) NOTICE.—Not later than 3 days after 
grants are awarded in any fiscal year under the Pro-
gram, 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) a list of all grant recipients under the 
Program; and 
‘‘(B) a summary of activities to be carried 
out by each recipient. 
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‘‘(2) REPORT.—Not later than 1 year after 
grants are awarded for projects under the Program, 
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 
summarizing the projects on low- and zero-emission 
rail technologies. 
‘‘(i) PROJECT MANAGEMENT OVERSIGHT.—The Sec-
retary may withhold up to 1 percent of the total amount 
appropriated under this section for the costs of program 
management oversight. 
‘‘(j) INSTITUTION
OF
HIGHER
EDUCATION
DE-
FINED.—In this section, the term ‘institution of higher 
education’ has the meaning given such term in section 101 
of the Higher Education Act of 1965 (20 U.S.C. 1001).’’. 
(b) CLERICAL AMENDMENT.—The analysis for chap-
ter 229 of title 49, United States Code, is further amend-
ed by adding at the end the following: 
‘‘22912. University rail climate innovation grant program.’’. 
SEC. 9604. WORKFORCE DIVERSITY AND DEVELOPMENT. 
(a) IN GENERAL.—The Secretary of Transportation 
shall carry out at least one workforce development pilot 
program with a railroad carrier or an entity providing reg-
ularly scheduled intercity rail passenger transportation. 
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(b) TYPES OF PILOT PROGRAMS.—A workforce devel-
opment pilot program described in subsection (a) may be 
in the form of— 
(1) an outreach program to increase employ-
ment opportunities for socially disadvantaged indi-
viduals; 
(2) the development of a partnership with high 
schools, vocational schools, community colleges, or 
secondary education institutions to address future 
workforce needs; and 
(3) an apprenticeship program to train railroad 
employees in needed skills. 
(c) APPRENTICESHIP.—In carrying out a workforce 
development pilot program described in subsection (b)(3), 
the Secretary shall partner with an entity providing inter-
city rail passenger transportation. 
(d) REPORT TO CONGRESS.—For a workforce devel-
opment pilot program carried out under this section, the 
Secretary shall transmit to the Committee on Transpor-
tation and Infrastructure of the House of Representatives 
and the Committee on Commerce, Science, and Transpor-
tation of the Senate a report that describes— 
(1) the activities carried out under the pilot 
program; 
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(2) the diversity of individuals participating in 
the pilot program; 
(3) an evaluation of the pilot program; 
(4) employment outcomes, including job place-
ment, job retention, and wages, using performance 
metrics established by the Secretary of Transpor-
tation, in consultation with the Secretary of Labor, 
and consistent with performance indicators used by 
programs under the Workforce Innovation and Op-
portunity Act (29 U.S.C. 3101 et seq.), as applica-
ble; and 
(5) any recommendations for increasing diver-
sity in the railroad workforce, addressing future 
workforce needs, or enhancing workforce skills. 
(e) DEFINITION.—In this section: 
(1) INTERCITY
RAIL
PASSENGER
TRANSPOR-
TATION.—The term ‘‘intercity rail passenger trans-
portation’’ has the meaning given such term in sec-
tion 24102 of title 49, United States Code. 
(2) RAILROAD CARRIER.—The term ‘‘railroad 
carrier’’ has the meaning given such term in section 
20102 of title 49, United States Code. 
(3) SOCIALLY DISADVANTAGED INDIVIDUALS.— 
The term ‘‘socially disadvantaged individuals’’ has 
the meaning given the term ‘‘socially and economi-
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cally disadvantaged individuals’’ in section 8(d) of 
the Small Business Act (15 U.S.C. 637(d)). 
(f) FUNDING.—From the amounts made available 
under section 20117(b) of title 49, United States Code, 
the Secretary may expend up to $1,300,000 for fiscal year 
2022 and $1,300,000 for 2023 to carry out this section. 
SEC. 9605. REQUIREMENTS FOR RAILROAD FREIGHT CARS 
ENTERING SERVICE IN UNITED STATES. 
(a) IN GENERAL.—Chapter 207 of title 49, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘§ 20704. Requirements for railroad freight cars en-
tering service in United States 
‘‘(a) DEFINITIONS.—In this section, the following 
definitions apply: 
‘‘(1) 
COMPONENT.—The 
term 
‘component’ 
means a part or subassembly of a railroad freight 
car. 
‘‘(2) CONTROL.—The term ‘control’ means the 
power, whether direct or indirect and whether or not 
exercised, through the ownership of a majority or a 
dominant minority of the total outstanding voting 
interest in an entity, representation on the board of 
directors of an entity, proxy voting on the board of 
directors of an entity, a special share in the entity, 
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a contractual arrangement with the entity, a formal 
or informal arrangement to act in concert with an 
entity, or any other means, to determine, direct, 
make decisions, or cause decisions to be made for 
the entity. 
‘‘(3) COST OF SENSITIVE TECHNOLOGY.—The 
term ‘cost of sensitive technology’ means the aggre-
gate cost of the sensitive technology located on a 
railroad freight car. 
‘‘(4) COUNTRY OF CONCERN.—The term ‘coun-
try of concern’ means a country that— 
‘‘(A) is identified by the Department of 
Commerce as a nonmarket economy country (as 
defined in section 771(18) of the Tariff Act of 
1930 (19 U.S.C. 1677(18))) as of the date of 
enactment of the TRAIN 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 foreign country in-
cluded on the priority watch list defined in sub-
section (g)(3) of that section; and 
‘‘(C) is subject to monitoring by the Trade 
Representative under section 306 of the Trade 
Act of 1974 (19 U.S.C.2416). 
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‘‘(5) NET COST.—The term ‘net cost’ has the 
meaning given the term in chapter 4 of the USMCA 
or any subsequent free trade agreement between the 
United States, Mexico, and Canada. 
‘‘(6) QUALIFIED FACILITY.—The term ‘quali-
fied facility’ means a facility that is not owned or 
under the control of a state-owned enterprise. 
‘‘(7) QUALIFIED
MANUFACTURER.—The term 
‘qualified manufacturer’ means a railroad freight car 
manufacturer that is not owned or under the control 
of a state-owned enterprise. 
‘‘(8) RAILROAD FREIGHT CAR.—The term ‘rail-
road freight car’ means a car designed to carry 
freight or railroad personnel by rail, including— 
‘‘(A) box car; 
‘‘(B) refrigerator car; 
‘‘(C) ventilator car; 
‘‘(D) intermodal well car; 
‘‘(E) gondola car; 
‘‘(F) hopper car; 
‘‘(G) auto rack car; 
‘‘(H) flat car; 
‘‘(I) special car; 
‘‘(J) caboose car; 
‘‘(K) tank car; and 
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‘‘(L) yard car. 
‘‘(9) SENSITIVE TECHNOLOGY.—The term ‘sen-
sitive technology’ means any device embedded with 
electronics, software, sensors, or other connectivity, 
that enables the device to connect to, collect data 
from, or exchange data with another device, includ-
ing— 
‘‘(A) onboard telematics; 
‘‘(B) remote monitoring software; 
‘‘(C) firmware; 
‘‘(D) analytics; 
‘‘(E) GPS satellite and cellular location 
tracking systems; 
‘‘(F) event status sensors; 
‘‘(G) predictive component condition and 
performance monitoring sensors; and 
‘‘(H) similar sensitive technologies embed-
ded into freight railcar components and sub-
assemblies. 
‘‘(10) STATE-OWNED ENTERPRISE.—The term 
‘state-owned enterprise’ means— 
‘‘(A) an entity that is owned by, or under 
the control of, a national, provincial, or local 
government of a country of concern, or an 
agency of such government; or 
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‘‘(B) an individual acting under the direc-
tion or influence of a government or agency de-
scribed in subparagraph (A). 
‘‘(11) SUBSTANTIALLY
TRANSFORMED.—The 
term ‘substantially transformed’ means a component 
of a railroad freight car that undergoes an applica-
ble change in tariff classification as a result of the 
manufacturing process, as described in chapter 4 
and related Annexes of the USMCA or any subse-
quent free trade agreement between the United 
States, Mexico, and Canada. 
‘‘(12) USMCA.—The term ‘USMCA’ has the 
meaning given the term in section 3 of the United 
States-Mexico-Canada Agreement Implementation 
Act (19 U.S.C. 4502). 
‘‘(b) REQUIREMENTS FOR RAILROAD FREIGHT CARS 
ENTERING SERVICE IN THE UNITED STATES.— 
‘‘(1) 
LIMITATION
ON
RAILROAD
FREIGHT 
CARS.—A railroad freight car manufactured on or 
after the date that is 1 year after the date of enact-
ment of the TRAIN Act, may only operate on the 
United States freight railroad interchange system 
if— 
‘‘(A) the railroad freight car is manufac-
tured, assembled, and substantially trans-
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formed, as applicable, by a qualified manufac-
turer in a qualified facility; 
‘‘(B) none of the sensitive technology lo-
cated on the railroad freight car, including com-
ponents necessary to the functionality of the 
sensitive technology, originates from a country 
of concern or is sourced from state-owned en-
terprise; and 
‘‘(C) none of the content of the railroad 
freight car, excluding sensitive technology, 
originates from a country of concern or is 
sourced from a state-owned enterprise that has 
been determined by a recognized court or ad-
ministrative agency of competent jurisdiction 
and legal authority to have violated or infringed 
valid United States intellectual property rights 
of another including such a finding by a Fed-
eral district court under title 35 or the U.S. 
International Trade Commission under section 
337 of the Tariff Act of 1930 (19 U.S.C. 
1337). 
‘‘(2) IMMEDIATE LIMITATION.— 
‘‘(A) 
PERCENTAGE
LIMITATION.—Not 
later than 12 months after the date of enact-
ment of the TRAIN Act and ending on the date 
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on which paragraph (1) takes effect, a railroad 
freight car manufactured may operate on the 
United States freight railroad interchange sys-
tem only if— 
‘‘(i) not more than 20 percent of the 
content of the railroad freight car, cal-
culated by the net cost of all components 
of the car and excluding the cost of sen-
sitive technology, originates from a country 
of concern or is sourced from a state- 
owned enterprise; 
‘‘(ii) not later than 24 months after 
the date of enactment of the TRAIN Act, 
the percentage described in clause (i) shall 
be no more than 15 percent; and 
‘‘(B) CONFLICT.—The percentages speci-
fied in this paragraph apply notwithstanding 
any apparent conflict with provisions of chapter 
4 of the USMCA. 
‘‘(c) REGULATIONS AND PENALTIES.— 
‘‘(1) REGULATIONS REQUIRED.—Not later than 
1 year after the date of enactment of the TRAIN 
Act, the Secretary of Transportation shall issue such 
regulations as are necessary to carry out this sec-
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tion, including for the monitoring, enforcement, and 
sensitive technology requirements of this section. 
‘‘(2) CERTIFICATION REQUIRED.—To be eligible 
to provide a railroad freight car for operation on the 
United States freight railroad interchange system, 
the manufacturer of such car shall certify to the 
Secretary annually that any railroad freight cars to 
be so provided meet the requirements of this section. 
‘‘(3) COMPLIANCE.— 
‘‘(A) VALID CERTIFICATION REQUIRED.— 
At the time a railroad freight car begins oper-
ation on the United States freight railroad 
interchange system, the manufacturer of such 
railroad freight car shall have valid certification 
describe under paragraph (2) for the year in 
which such car begins operation. 
‘‘(B) REGISTRATION
OF
NONCOMPLIANT 
CARS
PROHIBITED.—A railroad freight car 
manufacturer may not register, or cause to be 
registered, a railroad freight car that does not 
comply with the requirements of this section in 
the Association of American Railroad’s Umler 
system. 
‘‘(4) CIVIL PENALTIES.— 
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‘‘(A) IN GENERAL.—A railroad freight car 
manufacturer that has manufactured a railroad 
freight car for operation on the United States 
freight railroad interchange system that the 
Secretary of Transportation determines, after 
written notice and an opportunity for a hearing, 
has violated this section is liable to the United 
States Government for a civil penalty of at least 
$100,000 but not more than $250,000 for each 
violation for each railroad freight car. 
‘‘(B) PROHIBITION FOR VIOLATIONS.—The 
Secretary of Transportation may prohibit a rail-
road freight car manufacturer with respect to 
which the Secretary has assessed more than 3 
violations under subparagraph (A) from pro-
viding additional railroad freight cars for oper-
ation on the United States freight railroad 
interchange system until the Secretary deter-
mines— 
‘‘(i) such manufacturer is in compli-
ance with this section; and 
‘‘(ii) all civil penalties assessed to 
such manufacturer under subparagraph 
(A) have been paid in full.’’. 
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(b) CLERICAL AMENDMENT.—The analysis for chap-
ter 207 of title 49, United States Code, is amended by 
adding at the end the following: 
‘‘20704. Requirements for railroad freight cars entering service in United 
States.’’. 
Æ 
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