766 
‘‘(iii) has support from both Amtrak 
and the provider of commuter rail pas-
senger transportation servicing the sta-
tion.’’; 
(4) in subsection (g)(1) by striking ‘‘25 per-
cent’’ and inserting ‘‘15 percent’’; 
(5) in subsection (l) by striking ‘‘Secretary 
shall’’ and inserting ‘‘Secretary may’’; 
(6) by redesignating subsections (i), (j), (k), 
and (l) as subsections (k), (l), (m), and (n), respec-
tively; and 
(7) by inserting after subsection (h) the fol-
lowing: 
‘‘(i) LARGE PROJECTS.—Of the amounts made avail-
able under this section, at least 50 percent shall be for 
projects that have total project costs of greater than 
$100,000,000. 
‘‘(j) COMMUTER RAIL.— 
‘‘(1) 
ADMINISTRATION
OF
FUNDS.—The 
amounts awarded under this section for commuter 
rail passenger transportation projects shall be trans-
ferred by the Secretary, after selection, to the Fed-
eral Transit Administration for administration of 
funds in accordance with chapter 53. 
‘‘(2) GRANT CONDITION.— 
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‘‘(A) IN GENERAL.—As a condition of re-
ceiving a grant under this section that is used 
to acquire, construct, or improve railroad right- 
of-way or facilities, any employee covered by the 
Railway Labor Act (45 U.S.C. 151 et seq.) and 
the Railroad Retirement Act of 1974 (45 
U.S.C. 231 et seq.) who is adversely affected by 
actions taken in connection with the project fi-
nanced in whole or in part by such grant shall 
be covered by employee protective arrangements 
established under section 22905(e). 
‘‘(B) APPLICATION
OF
PROTECTIVE
AR-
RANGEMENT.—The grant recipient and the suc-
cessors, assigns, and contractors of such recipi-
ent shall be bound by the protective arrange-
ments required under subparagraph (A). Such 
recipient shall be responsible for the implemen-
tation of such arrangement and for the obliga-
tions under such arrangement, but may arrange 
for another entity to take initial responsibility 
for compliance with the conditions of such ar-
rangement. 
‘‘(3) APPLICATION
OF
LAW.—Subsections (g) 
and (f)(1) of section 22905 shall not apply to grants 
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awarded under this section for commuter rail pas-
senger transportation projects.’’. 
SEC. 9104. RAILROAD REHABILITATION AND IMPROVE-
MENT FINANCING. 
Section 502 of the Railroad Revitalization and Regu-
latory Reform Act of 1976 (45 U.S.C. 822) is amended— 
(1) in subsection (b)— 
(A) in paragraph (1)— 
(i) in subparagraph (A) by inserting 
‘‘civil works such as cuts and fills, stations, 
tunnels,’’ after ‘‘components of track,’’; 
and 
(ii) in subparagraph (D) by inserting 
‘‘, permitting,’’ after ‘‘reimburse plan-
ning’’; and 
(B) by striking paragraph (3); 
(2) in subsection (f)— 
(A) in paragraph (3) by adding at the end 
the following: 
‘‘(D) A projection of freight or passenger 
demand for the project based on regionally de-
veloped economic forecasts, including projec-
tions of any modal diversion resulting from the 
project.’’; and 
(B) in paragraph (4)— 
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769 
(i) by striking ‘‘Credit risk premiums’’ 
and inserting ‘‘(A) TIMING
OF
PAY-
MENT.—Credit risk premiums’’; and 
(ii) by adding at the end the fol-
lowing: 
‘‘(B) PAYMENT
OF
CREDIT
RISK
PRE-
MIUMS.— 
‘‘(i) IN GENERAL.—In granting assist-
ance under this section, the Secretary may 
pay credit risk premiums required under 
paragraph (3) for entities described in 
paragraphs (1) through (3) of subsection 
(a), in whole or in part, with respect to a 
loan or loan guarantee. 
‘‘(ii) SET-ASIDE.—Of the amounts 
made available for payments for a fiscal 
year under clause (i), the Secretary shall 
reserve $25,000,000 for payments for pas-
senger rail projects, to remain available 
until expended. 
‘‘(C) REFUND
OF
PREMIUM.—The Sec-
retary shall repay the credit risk premium of 
each loan in cohort 3, as defined by the memo-
randum to the Office of Management and 
Budget of the Department of Transportation 
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dated November 5, 2018, with interest accrued 
thereon, not later than 60 days after the date 
on which all obligations attached to each such 
loan have been satisfied. For each such loan for 
which obligations have been satisfied as of the 
date of enactment of the TRAIN Act, the Sec-
retary shall repay the credit risk premium of 
each such loan, with interest accrued thereon, 
not later than 60 days after the date of the en-
actment of such Act.’’; and 
(3) by adding at the end the following: 
‘‘(n) NON-FEDERAL SHARE.—The proceeds of a loan 
provided under this section may be used as the non-Fed-
eral share of project costs under this title or chapter 53 
of title 49 if such loan is repayable from non-Federal 
funds.’’. 
SEC. 9105. BUY AMERICA. 
Section 22905(a) of title 49, United States Code, is 
amended— 
(1) in paragraph (2)— 
(A) in subparagraph (B) by adding ‘‘or’’ at 
the end; 
(B) by striking subparagraph (C); and 
(C) by redesignating subparagraph (D) as 
subparagraph (C); 
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771 
(2) by striking paragraph (4) and inserting the 
following: 
‘‘(4)(A) If the Secretary receives a request for 
a waiver under paragraph (2), the Secretary shall 
provide notice of and an opportunity for public com-
ment on the request at least 30 days before making 
a finding based on the request. 
‘‘(B) A notice provided under subparagraph (A) 
shall— 
‘‘(i) include the information available to 
the Secretary concerning the request, including 
whether the request is being made under sub-
paragraph (A), (B), or (C) of paragraph (2); 
and 
‘‘(ii) be provided by electronic means, in-
cluding on the official public website of the De-
partment of Transportation.’’; 
(3) in paragraph (5)— 
(A) by striking ‘‘2012’’ and inserting 
‘‘2020, and each year thereafter’’; and 
(B) by inserting ‘‘during the preceding fis-
cal year’’ before the period; and 
(4) by adding at the end the following: 
‘‘(12) The requirements of this subsection apply 
to all contracts for a project carried out within the 
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772 
scope of the applicable finding, determination, or de-
cisions under the National Environmental Policy Act 
of 1969 (42 U.S.C. 4321 et seq.), regardless of the 
funding source for activities carried out pursuant to 
such contracts, if at least 1 contract for the project 
is funded with amounts made available to carry out 
a provision specified in paragraph (1).’’. 
SEC. 9106. RAIL NETWORK CLIMATE CHANGE VULNER-
ABILITY ASSESSMENT. 
(a) IN GENERAL.—The Secretary of Transportation 
shall sponsor a study by the National Academies to con-
duct an assessment of the potential impacts 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; 
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773 
(4) identify and categorize the assets described 
in paragraph (3) by vulnerability level and geo-
graphic area; and 
(5) recommend strategies or measures to miti-
gate any adverse impacts of climate change, includ-
ing emergency preparedness measures and resiliency 
best practices for infrastructure planning. 
(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 2021 under section 20117(a) of title 49, United 
States Code, the Secretary shall expend not less than 
$1,000,000 to carry out the study required under subpara-
graph (a). 
TITLE II—AMTRAK REFORMS 
SEC. 9201. AMTRAK FINDINGS, MISSION, AND GOALS. 
Section 24101 of title 49, United States Code, is 
amended— 
(1) in subsection (a)— 
(A) in paragraph (1)— 
(i) by striking ‘‘, to the extent its 
budget allows,’’; and 
(ii) by striking ‘‘between crowded 
urban areas and in other areas of’’ and in-
serting ‘‘throughout’’; 
(B) in paragraph (2) by striking the period 
and inserting ‘‘, thereby providing additional 
capacity for the traveling public and widespread 
air quality benefits.’’; 
(C) in paragraph (4)— 
(i) by striking ‘‘greater’’ and inserting 
‘‘high’’; and 
(ii) by striking ‘‘to Amtrak to achieve 
a performance level sufficient to justify ex-
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775 
pending public money’’ and inserting ‘‘in 
order to meet the passenger rail needs of 
the United States’’; 
(D) in paragraph (5)— 
(i) by inserting ‘‘intercity and’’ after 
‘‘efficient’’; and 
(ii) by striking ‘‘the energy conserva-
tion and self-sufficiency’’ and inserting 
‘‘addressing climate change, energy con-
servation, and self-sufficiency’’; and 
(E) by adding at the end the following: 
‘‘(9) Long-distance passenger rail is an impor-
tant part of the national transportation system. 
‘‘(10) Investments in intercity and commuter 
rail passenger transportation support jobs that pro-
vide a pathway to the middle class.’’; 
(2) in subsection (b) by striking ‘‘The’’ and all 
that follows through ‘‘consistent’’ and inserting 
‘‘The mission of Amtrak is to provide a safe, effi-
cient, and high-quality national passenger rail sys-
tem, consistent’’; 
(3) in subsection (c)— 
(A) by striking paragraph (1) and insert-
ing the following: 
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776 
‘‘(1) use its best business judgment in acting to 
maximize the benefits of public funding;’’; 
(B) in paragraph (2)— 
(i) by striking ‘‘minimize Government 
subsidies by encouraging’’ and inserting 
‘‘work with’’; and 
(ii) by striking the semicolon and in-
serting ‘‘and improvements to service;’’; 
(C) by striking paragraph (3) and insert-
ing the following: 
‘‘(3) manage the passenger rail network in the 
interest of public transportation needs, including 
current and future Amtrak passengers;’’; 
(D) in paragraph (7) by striking ‘‘encour-
age’’ and inserting ‘‘work with’’; 
(E) in paragraph (11) by striking ‘‘and’’ 
the last place it appears; and 
(F) by striking paragraph (12) and insert-
ing the following: 
‘‘(12) utilize and manage resources with a long- 
term perspective, including sound investments that 
take into account the overall lifecycle costs of an 
asset; 
‘‘(13) ensure that service is accessible and ac-
commodating to passengers with disabilities; and 
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777 
‘‘(14) maximize the benefits Amtrak generates 
for the United States by creating quality jobs and 
supporting the domestic workforce.’’; and 
(4) by striking subsection (d). 
SEC. 9202. AMTRAK STATUS. 
Section 24301(a) of title 49, United States Code, is 
amended— 
(1) in paragraph (1) by striking ‘‘20102(2)’’ 
and inserting ‘‘20102’’; and 
(2) in paragraph (2) by inserting ‘‘serving the 
public interest in reliable passenger rail service’’ 
after ‘‘for-profit corporation’’. 
SEC. 9203. BOARD OF DIRECTORS. 
Section 24302 of title 49, United States Code, is 
amended— 
(1) in subsection (a)— 
(A) in paragraph (1)— 
(i) by striking subparagraph (C) and 
inserting the following: 
‘‘(C) 8 individuals appointed by the Presi-
dent of the United States, by and with the ad-
vice and consent of the Senate, with a record of 
support for national passenger rail service, gen-
eral business and financial experience, and 
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