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‘‘(A) IN
GENERAL.—The Committee shall 
determine the frequency and contents of— 
‘‘(i) the financial and performance re-
ports that Amtrak is required to provide to 
the Committee and the States; and 
‘‘(ii) the planning and demand reports 
that the States are required to provide to 
the Committee and Amtrak. 
‘‘(B) MONTHLY STATISTICAL REPORT.— 
‘‘(i) DEVELOPMENT.—Consistent with 
the revisions to the policy required under 
subsection (a)(7)(B), the Committee shall 
develop a report that contains the general 
ledger data and operating statistics from 
Amtrak’s accounting systems used to cal-
culate payments to States. 
‘‘(ii) 
PROVISION
OF
NECESSARY 
DATA.—Not later than 30 days after the last 
day of each month, Amtrak shall provide to 
the States and to the Committee the nec-
essary data to complete the report developed 
pursuant to clause (i) for such month.’’. 
(c) DISPUTE RESOLUTION.—Section 24712(c) of title 
49, United States Code, is amended— 
(1) in paragraph (1)—
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(A) by striking ‘‘(a)(4)’’ and inserting 
‘‘(a)(5)’’; and 
(B) by striking ‘‘(a)(6)’’ and inserting 
‘‘(a)(7)’’; and 
(2) in paragraph (4), by inserting ‘‘related to a 
State-supported route that a State sponsors that is’’ 
after ‘‘amount’’. 
(d) PERFORMANCE METRICS.—Section 24712(e) of 
title 49, United States Code, is amended by inserting ‘‘, 
including incentives to increase revenue, reduce costs, final-
ize contracts by the beginning of the fiscal year, and require 
States to promptly make payments for services delivered’’ 
before the period at the end. 
(e) STATEMENT OF GOALS AND OBJECTIVES.—Section 
24712(f) of title 49, United States Code, is amended— 
(1) in paragraph (1), by inserting ‘‘, and review 
and update, as necessary,’’ after ‘‘shall develop’’; 
(2) in paragraph (2), by striking ‘‘Not later than 
2 years after the date of enactment of the Passenger 
Rail Reform and Investment Act of 2015, the Com-
mittee shall transmit the statement’’ and inserting 
‘‘As applicable, based on updates, the Committee shall 
submit an updated statement’’; and 
(3) by adding at the end the following:
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‘‘(3) SENSE OF CONGRESS.—It is the sense of 
Congress that— 
‘‘(A) the Committee shall be the forum 
where Amtrak and the States collaborate on the 
planning, improvement, and development of cor-
ridor routes across the National Network; and 
‘‘(B) such collaboration should include reg-
ular consultation with interstate rail compact 
parties and other regional planning organiza-
tions that address passenger rail.’’. 
(f) OTHER REFORMS RELATED TO STATE-SUPPORTED 
ROUTES.—Section 24712 of title 49, United States Code, 
as amended by subsections (a) through (e), is further 
amended— 
(1) by redesignating subsections (g) and (h) as 
subsections (k) and (l), respectively; and 
(2) by inserting after subsection (f) the following: 
‘‘(g) NEW STATE-SUPPORTED ROUTES.— 
‘‘(1) CONSULTATION.—In developing a new 
State-supported route, Amtrak shall consult with— 
‘‘(A) the State or States and local munici-
palities through which such new service would 
operate;
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† HR 3684 EAS 
‘‘(B) commuter authorities and regional 
transportation authorities in the areas that 
would be served by the planned route; 
‘‘(C) host railroads; 
‘‘(D) the Administrator of the Federal Rail-
road Administration; and 
‘‘(E) other stakeholders, as appropriate. 
‘‘(2) STATE
COMMITMENTS.—Notwithstanding 
any other provision of law, before beginning construc-
tion necessary for, or beginning operation of, a State- 
supported route that is initiated on or after the date 
of enactment of the Passenger Rail Expansion and 
Rail Safety Act of 2021, Amtrak shall enter into a 
memorandum of understanding, or otherwise secure 
an agreement, with each State that would be pro-
viding funding for such route for sharing— 
‘‘(A) ongoing operating costs and capital 
costs in accordance with the cost methodology 
policy referred to in subsection (a)(7) then in ef-
fect; or 
‘‘(B) ongoing operating costs and capital 
costs in accordance with the maximum funding 
limitations described in section 22908(e). 
‘‘(3) APPLICATION
OF
TERMS.—In this sub-
section, the terms ‘capital costs’ and ‘operating costs’
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† HR 3684 EAS 
shall apply in the same manner as such terms apply 
under the cost methodology policy developed pursuant 
to subsection (a)(7). 
‘‘(h) COST METHODOLOGY POLICY UPDATE IMPLE-
MENTATION REPORT.—Not later than 18 months after the 
updated cost methodology policy required under subsection 
(a)(7)(B) is implemented, the Committee shall submit a re-
port to the Committee on Commerce, Science, and Trans-
portation of the Senate and the Committee on Transpor-
tation and Infrastructure of the House of Representatives 
that assesses the implementation of the updated policy. 
‘‘(i) IDENTIFICATION OF STATE-SUPPORTED ROUTE 
CHANGES.—Amtrak shall— 
‘‘(1) not later than 120 days before the submis-
sion of the general and legislative annual report re-
quired under section 24315(b), consult with the Com-
mittee and any additional States through which a 
State-supported route may operate regarding any 
proposed changes to such route; and 
‘‘(2) include in such report an update of any 
planned or proposed changes to State-supported 
routes, including the introduction of new State-sup-
ported routes, including— 
‘‘(A) the timeframe in which such changes 
would take effect; and
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‘‘(B) whether Amtrak has entered into com-
mitments with the affected States pursuant sub-
section (g)(2). 
‘‘(j) ECONOMIC ANALYSIS.—Not later than 3 years 
after the date of enactment of the Passenger Rail Expansion 
and Rail Safety Act of 2021, the Committee shall submit 
a report to the Committee on Commerce, Science, and 
Transportation of the Senate and the Committee on Trans-
portation and Infrastructure of the House of Representa-
tives that— 
‘‘(1) describes the role of the State-supported 
routes in economic development; and 
‘‘(2) examines the impacts of the State-supported 
routes on local station areas, job creation, transpor-
tation efficiency, State economies, and the national 
economy.’’. 
SEC. 22212. ENHANCING CROSS BORDER SERVICE. 
(a) IN GENERAL.—Not later than 1 year after the date 
of enactment of this Act, Amtrak, after consultation with 
the Secretary, the Secretary of Homeland Security, relevant 
State departments of transportation, Canadian govern-
mental agencies and entities, and owners of the relevant rail 
infrastructure and facilities, shall submit a report to the 
Committee on Commerce, Science, and Transportation of 
the Senate and the Committee on Transportation and In-
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† HR 3684 EAS 
frastructure of the House of Representatives regarding en-
hancing Amtrak passenger rail service between the United 
States and Canada that— 
(1) identifies challenges to Amtrak operations in 
Canada, including delays associated with custom and 
immigration inspections in both the United States 
and Canada; and 
(2) includes recommendations to improve such 
cross border service, including the feasibility of and 
costs associated with a preclearance facility or facili-
ties. 
(b) ASSISTANCE AND SUPPORT.—The Secretary, the 
Secretary of State, and the Secretary of Homeland Security 
may provide assistance and support requested by Amtrak 
that is necessary to carry out this section, as determined 
appropriate by the respective Secretary. 
SEC. 22213. CREATING QUALITY JOBS. 
Section 121 of the Amtrak Reform and Accountability 
Act of 1997 (49 U.S.C. 24312 note) is amended— 
(1) by redesignating subsection (d) as subsection 
(f); and 
(2) by inserting after subsection (c) the fol-
lowing: 
‘‘(d) FURLOUGHED WORK.—Amtrak may not contract 
out work within the classification of work performed by an
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† HR 3684 EAS 
employee in a bargaining unit covered by a collective bar-
gaining agreement entered into between Amtrak and an or-
ganization representing Amtrak employees during the pe-
riod such employee has been laid off and has not been re-
called to perform such work. 
‘‘(e) AGREEMENT PROHIBITIONS
ON CONTRACTING 
OUT.—This section does not— 
‘‘(1) supersede a prohibition or limitation on 
contracting out work covered by an agreement entered 
into between Amtrak and an organization rep-
resenting Amtrak employees; or 
‘‘(2) prohibit Amtrak and an organization rep-
resenting Amtrak employees from entering into an 
agreement that allows for contracting out the work of 
a furloughed employee that would otherwise be prohib-
ited under subsection (d).’’. 
SEC. 
22214. 
AMTRAK 
DAILY 
LONG-DISTANCE 
SERVICE 
STUDY. 
(a) IN GENERAL.—The Secretary shall conduct a 
study to evaluate the restoration of daily intercity rail pas-
senger service along— 
(1) any Amtrak long-distance routes that, as of 
the date of enactment of this Act, were discontinued; 
and
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† HR 3684 EAS 
(2) any Amtrak long-distance routes that, as of 
the date of enactment of this Act, occur on a nondaily 
basis. 
(b) INCLUSIONS.—The study under subsection (a) 
shall— 
(1) evaluate all options for restoring or enhanc-
ing to daily-basis intercity rail passenger service 
along each Amtrak route described in that subsection; 
(2) select a preferred option for restoring or en-
hancing the service described in paragraph (1); 
(3) develop a prioritized inventory of capital 
projects and other actions that are required to restore 
or enhance the service described in paragraph (1), in-
cluding cost estimates for those projects and actions; 
(4) develop recommendations for methods by 
which Amtrak could work with local communities and 
organizations to develop activities and programs to 
continuously improve public use of intercity pas-
senger rail service along each route; and 
(5) identify Federal and non-Federal funding 
sources required to restore or enhance the service de-
scribed in paragraph (1), including— 
(A) increased Federal funding for Amtrak 
based 
on 
applicable 
reductions 
or 
discontinuations in service; and
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† HR 3684 EAS 
(B) options for entering into public-private 
partnerships to restore that service. 
(c) OTHER FACTORS WHEN CONSIDERING EXPAN-
SIONS.—In evaluating intercity passenger rail routes under 
this section, the Secretary may evaluate potential new Am-
trak long-distance routes, including with specific attention 
provided to routes in service as of April 1971 but not con-
tinued by Amtrak, taking into consideration whether those 
new routes would— 
(1) link and serve large and small communities 
as part of a regional rail network; 
(2) advance the economic and social well-being of 
rural areas of the United States; 
(3) provide enhanced connectivity for the na-
tional long-distance passenger rail system; and 
(4) reflect public engagement and local and re-
gional support for restored passenger rail service. 
(d) CONSULTATION.—In conducting the study under 
this section, the Secretary shall consult, through working 
groups or other forums as the Secretary determines to be 
appropriate, with— 
(1) Amtrak; 
(2) each State along a relevant route; 
(3) regional transportation planning organiza-
tions and metropolitan planning organizations, mu-
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† HR 3684 EAS 
nicipalities, and communities along those relevant 
routes, to be selected by the Secretary; 
(4) host railroad carriers the tracks of which 
may be used for a service described in subsection (a); 
(5) organizations representing onboard Amtrak 
employees; 
(6) nonprofit organizations representing Amtrak 
passengers; 
(7) relevant regional passenger rail authorities 
and federally recognized Indian Tribes; and 
(8) such other entities as the Secretary may se-
lect. 
(e) REPORT.—Not later than 2 years after the date of 
enactment of this Act, the Secretary shall submit to the 
Committee on Commerce, Science, and Transportation of 
the Senate and the Committee on Transportation and In-
frastructure of the House of Representatives a report that 
includes— 
(1) the preferred options selected under sub-
section (b)(2), including the reasons for selecting each 
option; 
(2) the information described in subsection 
(b)(3); 
(3) the funding sources identified pursuant to 
subsection (b)(5);
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† HR 3684 EAS 
(4) the estimated costs and public benefits of re-
storing or enhancing intercity rail passenger trans-
portation in the region impacted for each relevant 
Amtrak route; and 
(5) any other information the Secretary deter-
mines to be appropriate. 
(f) FUNDING.—There are authorized to be appro-
priated to the Secretary to conduct the study under this 
section and to carry out the consultations required by sub-
section (d)— 
(1) $7,500,000 for fiscal year 2022; and 
(2) $7,500,000 for fiscal year 2023. 
Subtitle C—Intercity Passenger 
Rail Policy 
SEC. 22301. NORTHEAST CORRIDOR PLANNING. 
Section 24904 of title 49, United States Code, is 
amended— 
(1) by striking subsections (a) and (d); 
(2) by redesignating subsections (b) and (c) as 
subsections (c) and (d), respectively; 
(3) by inserting before subsection (c), as redesig-
nated, the following: 
‘‘(a) NORTHEAST CORRIDOR SERVICE DEVELOPMENT 
PLAN.—
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† HR 3684 EAS 
‘‘(1) IN GENERAL.—Not later than March 31, 
2022, the Northeast Corridor Commission established 
under section 24905 (referred to in this section as the 
‘Commission’) shall submit a service development 
plan to Congress. 
‘‘(2) CONTENTS.—The plan required under para-
graph (1) shall— 
‘‘(A) identify key state-of-good-repair, ca-
pacity expansion, and capital improvement 
projects planned for the Northeast Corridor; 
‘‘(B) provide a coordinated and consensus- 
based plan covering a 15-year period; 
‘‘(C) identify service objectives and the cap-
ital investments required to meet such objectives; 
‘‘(D) provide a delivery-constrained strategy 
that identifies— 
‘‘(i) capital investment phasing; 
‘‘(ii) an evaluation of workforce needs; 
and 
‘‘(iii) strategies for managing resources 
and mitigating construction impacts on op-
erations; and 
‘‘(E) include a financial strategy that iden-
tifies funding needs and potential funding 
sources.
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† HR 3684 EAS 
‘‘(3) UPDATES.—The Commission shall update 
the service development plan not less frequently than 
once every 5 years. 
‘‘(b) NORTHEAST CORRIDOR CAPITAL INVESTMENT 
PLAN.— 
‘‘(1) IN GENERAL.—Not later than November 1 of 
each year, the Commission shall— 
‘‘(A) develop an annual capital investment 
plan for the Northeast Corridor; and 
‘‘(B) submit the capital investment plan 
to— 
‘‘(i) the Secretary of Transportation; 
‘‘(ii) the Committee on Commerce, 
Science, and Transportation of the Senate; 
and 
‘‘(iii) the Committee on Transpor-
tation and Infrastructure of the House of 
Representatives. 
‘‘(2) CONTENTS.—The plan required under para-
graph (1) shall— 
‘‘(A) reflect coordination across the entire 
Northeast Corridor; 
‘‘(B) integrate the individual capital plans 
developed by Amtrak, States, and commuter au-
thorities in accordance with the cost allocation
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† HR 3684 EAS 
policy developed and approved under section 
24905(c); 
‘‘(C) cover a period of 5 fiscal years, begin-
ning with the fiscal year during which the plan 
is submitted; 
‘‘(D) notwithstanding section 24902(b), doc-
ument the projects and programs being under-
taken to advance the service objectives and cap-
ital investments identified in the Northeast Cor-
ridor service development plan developed under 
subsection (a), and the asset condition needs 
identified in the Northeast Corridor asset man-
agement plans, after considering— 
‘‘(i) the benefits and costs of capital in-
vestments in the plan; 
‘‘(ii) project and program readiness; 
‘‘(iii) the operational impacts; and 
‘‘(iv) Federal and non-Federal funding 
availability; 
‘‘(E) categorize capital projects and pro-
grams as primarily associated with 1 of the cat-
egories listed under section 24319(c)(2)(C); 
‘‘(F) identify capital projects and programs 
that are associated with more than 1 category 
described in subparagraph (E); and
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‘‘(G) include a financial plan that identi-
fies— 
‘‘(i) funding sources and financing 
methods; 
‘‘(ii) the status of cost sharing agree-
ments pursuant to the cost allocation policy 
developed under section 24905(c); 
‘‘(iii) the projects and programs that 
the Commission expects will receive Federal 
financial assistance; and 
‘‘(iv) the eligible entity or entities that 
the Commission expects— 
‘‘(I) to receive the Federal finan-
cial assistance referred to in clause 
(iii); and 
‘‘(II) to implement each capital 
project. 
‘‘(3) REVIEW AND COORDINATION.—The Commis-
sion shall require that the information described in 
paragraph (2) be submitted in a timely manner to 
allow for a reasonable period of review by, and co-
ordination with, affected agencies before the Commis-
sion submits the capital investment plan pursuant to 
paragraph (1).’’;
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(4) in subsection (c), as redesignated, by striking 
‘‘spent only on—’’ and all that follows and inserting 
‘‘spent only on capital projects and programs con-
tained in the Commission’s capital investment plan 
for the prior fiscal year.’’; and 
(5) by amending subsection (d), as redesignated, 
to read as follows: 
‘‘(d) NORTHEAST CORRIDOR CAPITAL ASSET MANAGE-
MENT SYSTEM.— 
‘‘(1) IN
GENERAL.—Amtrak and other infra-
structure owners that provide or support intercity 
rail passenger transportation along the Northeast 
Corridor shall develop an asset management system 
and use and update such system, as necessary, to de-
velop submissions to the Northeast Corridor capital 
investment plan described in subsection (b). 
‘‘(2) FEATURES.—The system required under 
paragraph (1) shall develop submissions that— 
‘‘(A) are consistent with the transit asset 
management system (as defined in section 
5326(a)(3)); and 
‘‘(B) include— 
‘‘(i) an inventory of all capital assets 
owned by the developer of the plan;
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‘‘(ii) an assessment of condition of such 
capital assets; 
‘‘(iii) a description of the resources 
and processes that will be necessary to bring 
or to maintain such capital assets in a state 
of good repair; and 
‘‘(iv) a description of changes in the 
condition of such capital assets since the 
submission of the prior version of the 
plan.’’. 
SEC. 22302. NORTHEAST CORRIDOR COMMISSION. 
Section 24905 of title 49, United States Code, is 
amended— 
(1) in subsection (a)(1)(D), by inserting ‘‘au-
thorities’’ after ‘‘carriers’’; 
(2) in subsection (b)(3)(B)— 
(A) in clause (i)— 
(i) by inserting ‘‘, including ridership 
trends,’’ after ‘‘transportation’’; and 
(ii) by striking ‘‘and’’ at the end; 
(B) in clause (ii)— 
(i) by inserting ‘‘first year of the’’ after 
‘‘the delivery of the’’; and 
(ii) by striking the period at the end 
and inserting ‘‘; and’’; and
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† HR 3684 EAS 
(C) by adding at the end the following: 
‘‘(iii) progress in assessing and elimi-
nating the state-of-good-repair backlog.’’; 
(3) in subsection (c)— 
(A) in paragraph (1)— 
(i) in the paragraph heading, by strik-
ing ‘‘DEVELOPMENT OF POLICY’’ and insert-
ing ‘‘POLICY’’; 
(ii) in subparagraph (A), by striking 
‘‘develop a standardized policy’’ and insert-
ing ‘‘develop and maintain the standardized 
policy first approved on September 17, 
2015, and update, as appropriate,’’; 
(iii) by amending subparagraph (B) to 
read as follows: 
‘‘(B) develop timetables for implementing 
and maintaining the policy;’’; 
(iv) in subparagraph (C), by striking 
‘‘the policy and the timetable’’ and insert-
ing ‘‘updates to the policy and timetables’’; 
and 
(v) by amending subparagraph (D) to 
read as follows: 
‘‘(D) support the efforts of the members of 
the Commission to implement the policy in ac-
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† HR 3684 EAS 
cordance with the timetables developed pursuant 
to subparagraph (B);’’; 
(B) by amending paragraph (2) to read as 
follows: 
‘‘(2) IMPLEMENTATION.— 
‘‘(A) IN GENERAL.—In accordance with the 
timetables developed pursuant to paragraph 
(1)(B), Amtrak and commuter authorities on the 
Northeast Corridor shall implement the policy 
developed under paragraph (1) in their agree-
ments for usage of facilities or services. 
‘‘(B) EFFECT OF FAILURE TO IMPLEMENT 
OR
COMPLY
WITH
POLICY.—If the entities re-
ferred to in subparagraph (A) fail to implement 
the policy in accordance with paragraph (1)(D) 
or fail to comply with the policy thereafter, the 
Surface Transportation Board shall— 
‘‘(i) determine the appropriate com-
pensation in accordance with the procedures 
and procedural schedule applicable to a 
proceeding under section 24903(c), after 
taking into consideration the policy devel-
oped under paragraph (1); and 
‘‘(ii) enforce its determination on the 
party or parties involved.’’; and
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† HR 3684 EAS 
(C) in paragraph (4), by striking ‘‘public 
authorities providing commuter rail passenger 
transportation’’ and inserting ‘‘commuter au-
thorities’’; and 
(4) in subsection (d)— 
(A) by striking ‘‘2016 through 2020’’ and 
inserting ‘‘2022 through 2026’’; and 
(B) by striking ‘‘section 11101(g) of the 
Passenger Rail Reform and Investment Act of 
2015’’ and inserting ‘‘section 22101(e) of the 
Passenger Rail Expansion and Rail Safety Act 
of 2021’’. 
SEC. 22303. CONSOLIDATED RAIL INFRASTRUCTURE AND 
SAFETY IMPROVEMENTS. 
(a) IN GENERAL.—Section 22907 of title 49, United 
States Code, is amended— 
(1) in subsection (b)— 
(A) in paragraph (1), by inserting ‘‘(in-
cluding the District of Columbia)’’ after ‘‘State’’; 
(B) in paragraph (6), by inserting ‘‘rail 
carrier and intercity rail passenger transpor-
tation are’’ before ‘‘defined’’; 
(C) 
by 
redesignating 
paragraphs 
(8) 
through (11) as paragraphs (10) through (13), 
respectively; and
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† HR 3684 EAS 
(D) by inserting after paragraph (7) the fol-
lowing: 
‘‘(8) An association representing 1 or more rail-
roads described in paragraph (7).’’; 
‘‘(9) A federally recognized Indian Tribe.’’; 
(2) in subsection (c)— 
(A) in paragraph (3), by adding ‘‘or safety’’ 
after ‘‘congestion’’; 
(B) in paragraph (6), by striking ‘‘and’’ 
and inserting ‘‘or’’; 
(C) by redesignating paragraphs (11) and 
(12) as paragraphs (12) and (13), respectively; 
(D) by inserting after paragraph (10) the 
following: 
‘‘(11) The development and implementation of 
measures to prevent trespassing and reduce associated 
injuries and fatalities.’’; and 
(E) by inserting after paragraph (13), as 
redesignated, the following: 
‘‘(14) Research, development, and testing to ad-
vance and facilitate innovative rail projects, includ-
ing projects using electromagnetic guideways in an 
enclosure in a very low-pressure environment.
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† HR 3684 EAS 
‘‘(15) The preparation of emergency plans for 
communities through which hazardous materials are 
transported by rail. 
‘‘(16) Rehabilitating, remanufacturing, pro-
curing, or overhauling locomotives, provided that such 
activities result in a significant reduction of emis-
sions.’’; and 
(3) in subsection (h), by adding at the end the 
following: 
‘‘(4) 
GRADE
CROSSING
AND
TRESPASSING 
PROJECTS.—Applicants may use costs incurred pre-
viously for preliminary engineering associated with 
highway-rail grade crossing improvement projects 
under subsection (c)(5) and trespassing prevention 
projects under subsection (c)(11) to satisfy the non- 
Federal share requirements.’’. 
(b) RULE OF CONSTRUCTION.—The amendments made 
by subsection (a) may not be construed to affect any grant, 
including any application for a grant, made under section 
22907 of title 49, United States Code, before the date of 
enactment of this Act. 
(c) TECHNICAL CORRECTION.— 
(1) IN GENERAL.—Section 22907(l)(1)(A) of title 
49, United States Code, is amended by inserting ‘‘, 
including highway construction over rail facilities as
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an alternative to construction or improvement of a 
highway-rail grade crossing,’’ after ‘‘under chapter 
227’’. 
(2) APPLICABILITY.—The amendment made by 
paragraph (1) shall apply to amounts remaining 
under section 22907(l) of title 49, United States Code, 
from appropriations for prior fiscal years. 
SEC. 22304. RESTORATION AND ENHANCEMENT GRANTS. 
Section 22908 of title 49, United States Code, is 
amended— 
(1) by amending subsection (a) to read as fol-
lows: 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) 
APPLICANT.—Notwithstanding 
section 
22901(1), the term ‘applicant’ means— 
‘‘(A) a State, including the District of Co-
lumbia; 
‘‘(B) a group of States; 
‘‘(C) an entity implementing an interstate 
compact; 
‘‘(D) a public agency or publicly chartered 
authority established by 1 or more States; 
‘‘(E) a political subdivision of a State; 
‘‘(F) a federally recognized Indian Tribe;
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‘‘(G) Amtrak or another rail carrier that 
provides intercity rail passenger transportation; 
‘‘(H) any rail carrier in partnership with 
at least 1 of the entities described in subpara-
graphs (A) through (F); and 
‘‘(I) any combination of the entities de-
scribed in subparagraphs (A) through (F). 
‘‘(2) OPERATING ASSISTANCE.—The term ‘oper-
ating assistance’, with respect to any route subject to 
section 209 of the Passenger Rail Investment and Im-
provement Act of 2008 (Public Law 110–432), means 
any cost allocated, or that may be allocated, to a 
route pursuant to the cost methodology established 
under such section or under section 24712.’’; 
(2) in subsection (c)(3), by striking ‘‘3 years’’ 
each place such term appears and inserting ‘‘6 
years’’; 
(3) in subsection (d)— 
(A) in paragraph (8), by striking ‘‘and’’; 
(B) in paragraph (9), by striking the period 
at the end and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(10) for routes selected under the Corridor Iden-
tification and Development Program and operated by 
Amtrak.’’; and
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(4) in subsection (e)— 
(A) in paragraph (1)— 
(i) by striking ‘‘assistance’’; and 
(ii) by striking ‘‘3 years’’ and insert-
ing ‘‘6 years (including for any such routes 
selected for funding before the date of enact-
ment of the Passenger Rail Expansion and 
Rail Safety Act of 2021)’’; and 
(B) in paragraph (3), by striking subpara-
graphs (A), (B), and (C) and inserting the fol-
lowing: 
‘‘(A) 90 percent of the projected net oper-
ating costs for the first year of service; 
‘‘(B) 80 percent of the projected net oper-
ating costs for the second year of service; 
‘‘(C) 70 percent of the projected net oper-
ating costs for the third year of service; 
‘‘(D) 60 percent of the projected net oper-
ating costs for the fourth year of service; 
‘‘(E) 50 percent of the projected net oper-
ating costs for the fifth year of service; and 
‘‘(F) 30 percent of the projected net oper-
ating costs for the sixth year of service.’’.
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SEC. 22305. RAILROAD CROSSING ELIMINATION PROGRAM. 
(a) IN GENERAL.—Chapter 229 of title 49, United 
States Code, is amended by adding at the end the following: 
‘‘§ 22909. Railroad Crossing Elimination Program 
‘‘(a) IN GENERAL.—The Secretary of Transportation, 
in cooperation with the Administrator of the Federal Rail-
road Administration, shall establish a competitive grant 
program (referred to in this section as the ‘Program’) under 
which the Secretary shall award grants to eligible recipients 
described in subsection (c) for highway-rail or pathway-rail 
grade crossing improvement projects that focus on improv-
ing the safety and mobility of people and goods. 
‘‘(b) GOALS.—The goals of the Program are— 
‘‘(1) to eliminate highway-rail grade crossings 
that are frequently blocked by trains; 
‘‘(2) to improve the health and safety of commu-
nities; 
‘‘(3) to reduce the impacts that freight movement 
and railroad operations may have on underserved 
communities; and 
‘‘(4) to improve the mobility of people and goods. 
‘‘(c) ELIGIBLE RECIPIENTS.—The following entities 
are eligible to receive a grant under this section: 
‘‘(1) A State, including the District of Columbia, 
Puerto Rico, and other United States territories and 
possessions.
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‘‘(2) A political subdivision of a State. 
‘‘(3) A federally recognized Indian Tribe. 
‘‘(4) A unit of local government or a group of 
local governments. 
‘‘(5) A public port authority. 
‘‘(6) A metropolitan planning organization. 
‘‘(7) A group of entities described in any of 
paragraphs (1) through (6). 
‘‘(d) ELIGIBLE PROJECTS.—The Secretary may award 
a grant under the Program for a highway-rail or pathway- 
rail grade crossing improvement project (including acquir-
ing real property interests) involving— 
‘‘(1) grade separation or closure, including 
through the use of a bridge, embankment, tunnel, or 
combination thereof; 
‘‘(2) track relocation; 
‘‘(3) the improvement or installation of protec-
tive devices, signals, signs, or other measures to im-
prove safety, provided that such activities are related 
to a separation or relocation project described in 
paragraph (1) or (2); 
‘‘(4) other means to improve the safety and mo-
bility of people and goods at highway-rail grade 
crossings (including technological solutions);
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‘‘(5) a group of related projects described in 
paragraphs (1) through (4) that would collectively 
improve the mobility of people and goods; or 
‘‘(6) the planning, environmental review, and 
design of an eligible project described in paragraphs 
(1) through (5). 
‘‘(e) APPLICATION PROCESS.— 
‘‘(1) IN GENERAL.—An eligible entity seeking a 
grant under the Program shall submit an application 
to the Secretary at such time, in such manner, and 
containing such information as the Secretary may re-
quire. 
‘‘(2) RAILROAD APPROVALS.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), the Secretary shall require 
applicants to obtain the necessary approvals 
from any impacted rail carriers or real property 
owners before proceeding with the construction of 
a project funded by a grant under the Program. 
‘‘(B) EXCEPTION.—The requirement under 
subparagraph (A) shall not apply to planning 
projects described in subsection (d)(6) if the ap-
plicant agrees to work collaboratively with rail 
carriers and right-of-way owners. 
‘‘(f) PROJECT SELECTION CRITERIA.—
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‘‘(1) IN GENERAL.—In awarding grants under 
the Program, the Secretary shall evaluate the extent 
to which proposed projects would— 
‘‘(A) improve safety at highway-rail or 
pathway-rail grade crossings; 
‘‘(B) grade separate, eliminate, or close 
highway-rail or pathway-rail grade crossings; 
‘‘(C) improve the mobility of people and 
goods; 
‘‘(D) reduce emissions, protect the environ-
ment, and provide community benefits, including 
noise reduction; 
‘‘(E) improve access to emergency services; 
‘‘(F) provide economic benefits; and 
‘‘(G) improve access to communities sepa-
rated by rail crossings. 
‘‘(2) ADDITIONAL CONSIDERATIONS.—In award-
ing grants under the Program, the Secretary shall 
consider— 
‘‘(A) the degree to which the proposed 
project will use— 
‘‘(i) innovative technologies; 
‘‘(ii) innovative design and construc-
tion techniques; or
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† HR 3684 EAS 
‘‘(iii) construction materials that re-
duce greenhouse gas emissions; 
‘‘(B) the applicant’s planned use of con-
tracting incentives to employ local labor, to the 
extent permissible under Federal law; 
‘‘(C) whether the proposed project will im-
prove the mobility of— 
‘‘(i) multiple modes of transportation, 
including ingress and egress from freight fa-
cilities; or 
‘‘(ii) users of nonvehicular modes of 
transportation, 
such 
as 
pedestrians, 
bicyclists, and public transportation; 
‘‘(D) whether the proposed project is identi-
fied in— 
‘‘(i) the freight investment plan compo-
nent of a State freight plan, as required 
under section 70202(b)(9); 
‘‘(ii) a State rail plan prepared in ac-
cordance with chapter 227; or 
‘‘(iii) a State highway-rail grade cross-
ing action plan, as required under section 
11401(b) of the Passenger Rail Reform and 
Investment Act of 2015 (title XI of Public 
Law 114–94); and
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† HR 3684 EAS 
‘‘(E) the level of financial support provided 
by impacted rail carriers. 
‘‘(3) AWARD DISTRIBUTION.—In selecting grants 
for Program funds in any fiscal year, the Secretary 
shall comply with the following limitations: 
‘‘(A) GRANT FUNDS.—Not less than 20 per-
cent of the grant funds available for the Program 
in any fiscal year shall be reserved for projects 
located in rural areas or on Tribal lands. The 
requirement under section 22907(l), which ap-
plies to this section, shall not apply to grant 
funds reserved specifically under this subpara-
graph. Not less than 5 percent of the grant funds 
reserved under this subparagraph shall be re-
served for projects in counties with 20 or fewer 
residents per square mile, according to the most 
recent decennial census, provided that sufficient 
eligible applications have been submitted. 
‘‘(B) PLANNING GRANTS.—Not less than 25 
percent of the grant funds set aside for planning 
projects in any fiscal year pursuant to section 
22104(b) of the Passenger Rail Expansion and 
Rail Safety Act of 2021 shall be awarded for 
projects located in rural areas or on tribal lands.
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‘‘(C) STATE LIMITATION.—Not more than 
20 percent of the grant funds available for the 
Program in any fiscal year may be selected for 
projects in any single State. 
‘‘(D) MINIMUM
SIZE.—No grant awarded 
under this section shall be for less than 
$1,000,000, except for a planning grant de-
scribed in subsection (d)(6). 
‘‘(g) COST SHARE.—Except as provided in paragraph 
(2), the Federal share of the cost of a project carried out 
using a grant under the Program may not exceed 80 percent 
of the total cost of the project. Applicants may count costs 
incurred for preliminary engineering associated with high-
way-rail and pathway-rail grade crossing improvement 
projects as part of the total project costs. 
‘‘(h) CONGRESSIONAL NOTIFICATION.—Not later than 
3 days before awarding a grant for a project under the Pro-
gram, the Secretary shall submit written notification of the 
proposed grant to the Committee on Commerce, Science, 
and Transportation of the Senate and the Committee on 
Transportation and Infrastructure of the House of Rep-
resentatives, which shall include— 
‘‘(1) a summary of the project; and 
‘‘(2) the amount of the proposed grant award.
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‘‘(i) ANNUAL REPORT.—Not later than 60 days after 
each round of award notifications, the Secretary shall post, 
on the public website of the Department of Transpor-
tation— 
‘‘(1) a list of all eligible applicants that sub-
mitted an application for funding under the Program 
during the current fiscal year; 
‘‘(2) a list of the grant recipients and projects 
that received grant funding under the Program dur-
ing such fiscal year; and 
‘‘(3) a list of the proposed projects and appli-
cants that were determined to be ineligible. 
‘‘(j) COMMUTER RAIL ELIGIBILITY AND GRANT CONDI-
TIONS.— 
‘‘(1) IN GENERAL.—Section 22905(f) shall not 
apply to grants awarded under this section for com-
muter rail passenger transportation projects. 
‘‘(2) ADMINISTRATION
OF
FUNDS.—The Sec-
retary of Transportation shall transfer amounts 
awarded under this section for commuter rail pas-
senger transportation projects to the Federal Transit 
Administration, which shall administer such funds in 
accordance with chapter 53. 
‘‘(3) PROTECTIVE ARRANGEMENTS.—
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† HR 3684 EAS 
‘‘(A) IN GENERAL.—Notwithstanding para-
graph (2) and section 22905(e)(1), as a condi-
tion of receiving a grant under this section, 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 ad-
versely affected by actions taken in connection 
with the project financed in whole or in part by 
such grant shall be covered by employee protec-
tive arrangements required to be established 
under section 22905(c)(2)(B). 
‘‘(B) IMPLEMENTATION.—A grant recipient 
under this section, and the successors, assigns, 
and contractors of such grant recipient— 
‘‘(i) shall be bound by the employee 
protective arrangements required under sub-
paragraph (A); and 
‘‘(ii) shall be responsible for the imple-
mentation of such arrangements and for the 
obligations under such arrangements, but 
may arrange for another entity to take ini-
tial responsibility for compliance with the 
conditions of such arrangement.
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† HR 3684 EAS 
‘‘(k) DEFINED TERM.—In this section, the term ‘rural 
area’ means any area that is not within an area designated 
as an urbanized area by the Bureau of the Census.’’. 
(b) CLERICAL AMENDMENT.—The analysis for chapter 
229 of title 49, United States Code, is amended by adding 
at the end the following: 
‘‘22909. Railroad Crossing Elimination Program.’’. 
SEC. 22306. INTERSTATE RAIL COMPACTS. 
(a) IN GENERAL.—Chapter 229 of title 49, United 
States Code (as amended by section 22305(a)), is further 
amended by adding at the end the following: 
‘‘§ 22910. Interstate Rail Compacts Grant Program 
‘‘(a) GRANTS AUTHORIZED.—The Secretary of Trans-
portation shall establish a competitive grant program to 
provide financial assistance to entities implementing inter-
state rail compacts pursuant to section 410 of the Amtrak 
Reform and Accountability Act of 1997 (49 U.S.C. 24101 
note) for— 
‘‘(1) costs of administration; 
‘‘(2) systems planning, including studying the 
impacts on freight rail operations and ridership; 
‘‘(3) promotion of intercity passenger rail oper-
ation; 
‘‘(4) preparation of applications for competitive 
Federal grant programs; and 
‘‘(5) operations coordination.
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‘‘(b) MAXIMUM AMOUNT.—The Secretary may not 
award a grant under this section in an amount exceeding 
$1,000,000 per year. 
‘‘(c) SELECTION CRITERIA.—In selecting a recipient 
of a grant for an eligible project under this section, the Sec-
retary shall consider— 
‘‘(1) the amount of funding received (including 
funding from a rail carrier (as defined in section 
24102)) or other participation by State, local, and re-
gional governments and the private sector; 
‘‘(2) the applicant’s work to foster economic de-
velopment through rail service, particularly in rural 
communities; 
‘‘(3) whether the applicant seeks to restore service 
over routes formerly operated by Amtrak, including 
routes described in section 11304(a) of the Passenger 
Rail Reform and Investment Act of 2015 (title XI of 
division A of Public Law 114–94); 
‘‘(4) the applicant’s dedication to providing 
intercity passenger rail service to regions and com-
munities that are underserved or not served by other 
intercity public transportation; 
‘‘(5) 
whether 
the 
applicant 
is 
enhancing 
connectivity and geographic coverage of the existing 
national network of intercity passenger rail service;
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† HR 3684 EAS 
‘‘(6) whether the applicant has prepared regional 
rail or corridor service development plans and cor-
responding environmental analysis; and 
‘‘(7) whether the applicant has engaged with ap-
propriate government entities and transportation pro-
viders to identify projects necessary to enhance 
multimodal connections or facilitate service integra-
tion between rail service and other modes, including 
between intercity passenger rail service and intercity 
bus service or commercial air service. 
‘‘(d) NUMERICAL LIMITATION.—The Secretary may 
not award grants under this section for more than 10 inter-
state rail compacts in any fiscal year. 
‘‘(e) OPERATOR LIMITATION.—The Secretary may 
only award grants under this section to applicants with 
eligible expenses related to intercity passenger rail service 
to be operated by Amtrak. 
‘‘(f) NON-FEDERAL MATCH.—The Secretary shall re-
quire each recipient of a grant under this section to provide 
a non-Federal match of not less than 50 percent of the eligi-
ble expenses of carrying out the interstate rail compact 
under this section. 
‘‘(g) REPORT.—Not later than 3 years after the date 
of enactment of the Passenger Rail Expansion and Rail 
Safety Act of 2021, the Secretary, after consultation with
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† HR 3684 EAS 
grant recipients under this section, shall submit a report 
to the Committee on Commerce, Science, and Transpor-
tation of the Senate and the Committee on Transportation 
and Infrastructure of the House of Representatives that de-
scribes— 
‘‘(1) the implementation of this section; 
‘‘(2) the status of the planning efforts and co-
ordination funded by grants awarded under this sec-
tion; 
‘‘(3) the plans of grant recipients for continued 
implementation of the interstate rail compacts; 
‘‘(4) the status of, and data regarding, any new, 
restored, or enhanced rail services initiated under the 
interstate rail compacts; and 
‘‘(5) any legislative recommendations.’’. 
(b) CLERICAL AMENDMENT.—The analysis for chapter 
229 of title 49, United States Code (as amended by section 
22305(b)), is amended by adding at the end the following: 
‘‘22910. Interstate Rail Compacts Grant Program.’’. 
(c) IDENTIFICATION.—Section 410 of the Amtrak Re-
form and Accountability Act of 1997 (Public Law 105–134; 
49 U.S.C. 24101 note) is amended— 
(1) in subsection (b)(2), by striking ‘‘(except 
funds made available for Amtrak)’’; and 
(2) by adding at the end the following:
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‘‘(c) NOTIFICATION REQUIREMENT.—Any State that 
enters into an interstate compact pursuant to subsection (a) 
shall notify the Secretary of Transportation of such com-
pact not later than 60 days after it is formed. The failure 
of any State to notify the Secretary under this subsection 
shall not affect the status of the interstate compact. 
‘‘(d) INTERSTATE RAIL COMPACTS PROGRAM.—The 
Secretary of Transportation shall— 
‘‘(1) make available on a publicly accessible 
website a list of interstate rail compacts established 
under subsection (a) before the date of enactment of 
the Passenger Rail Expansion and Rail Safety Act of 
2021 and interstate rail compacts established after 
such date; and 
‘‘(2) make information regarding interstate rail 
compacts available to the public, including how 
States may establish interstate rail compacts under 
subsection (a), and update such information, as nec-
essary.’’. 
SEC. 22307. FEDERAL-STATE PARTNERSHIP FOR INTERCITY 
PASSENGER RAIL GRANTS. 
(a) IN GENERAL.—Section 24911 of title 49, United 
States Code, is amended—
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† HR 3684 EAS 
(1) in the section heading, by striking ‘‘for 
state of good repair’’ and inserting ‘‘for inter-
city passenger rail’’; 
(2) in subsection (a)— 
(A) in paragraph (1)— 
(i) in subparagraph (F), by striking 
‘‘or’’ at the end; 
(ii) by redesignating subsection (G) as 
subsection (H); 
(iii) by inserting after subparagraph 
(F), the following: 
‘‘(G) a federally recognized Indian Tribe; 
or’’; and 
(iv) in subsection (H), as redesignated, 
by striking ‘‘(F)’’ and inserting ‘‘(G)’’; 
(B) by striking paragraphs (2) and (5); and 
(C) by redesignating paragraphs (3) and 
(4) as paragraphs (2) and (3), respectively; 
(3) in subsection (b), by striking ‘‘with respect to 
qualified railroad assets’’ and inserting ‘‘, improve 
performance, or expand or establish new intercity 
passenger rail service, including privately operated 
intercity passenger rail service if an eligible appli-
cant is involved;’’;
779 
† HR 3684 EAS 
(4) by striking subsections (c) through (e) and 
inserting the following: 
‘‘(c) ELIGIBLE
PROJECTS.—The following capital 
projects, including acquisition of real property interests, are 
eligible to receive grants under this section: 
‘‘(1) A project to replace, rehabilitate, or repair 
infrastructure, equipment, or a facility used for pro-
viding intercity passenger rail service to bring such 
assets into a state of good repair. 
‘‘(2) A project to improve intercity passenger 
rail service performance, including reduced trip 
times, increased train frequencies, higher operating 
speeds, improved reliability, expanded capacity, re-
duced congestion, electrification, and other improve-
ments, as determined by the Secretary. 
‘‘(3) A project to expand or establish new inter-
city passenger rail service. 
‘‘(4) A group of related projects described in 
paragraphs (1) through (3). 
‘‘(5) The planning, environmental studies, and 
final design for a project or group of projects de-
scribed in paragraphs (1) through (4). 
‘‘(d) PROJECT SELECTION CRITERIA.—In selecting a 
project for funding under this section—
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† HR 3684 EAS 
‘‘(1) for projects located on the Northeast Cor-
ridor, the Secretary shall— 
‘‘(A) make selections consistent with the 
Northeast Corridor Project Inventory published 
pursuant to subsection (e)(1), unless when nec-
essary to address materially changed infrastruc-
ture or service conditions, changes in project 
sponsor capabilities or commitments, or other 
significant changes since the completion of the 
most recently issued Northeast Corridor Project 
Inventory; and 
‘‘(B) for projects that benefit intercity and 
commuter rail services, only make such selections 
when Amtrak and the public authorities pro-
viding commuter rail passenger transportation 
at the eligible project location— 
‘‘(i) are in compliance with section 
24905(c)(2); and 
‘‘(ii) identify funding for the intercity 
passenger rail share, the commuter rail 
share, and the local share of the eligible 
project before the commencement of the 
project; 
‘‘(2) for projects not located on the Northeast 
Corridor, the Secretary shall—
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† HR 3684 EAS 
‘‘(A) give preference to eligible projects— 
‘‘(i) for which Amtrak is not the sole 
applicant; 
‘‘(ii) that improve the financial per-
formance, reliability, service frequency, or 
address the state of good repair of an Am-
trak route; and 
‘‘(iii) that are identified in, and con-
sistent with, a corridor inventory prepared 
under the Corridor Identification and De-
velopment Program pursuant to section 
25101; and 
‘‘(B) take into account— 
‘‘(i) the cost-benefit analysis of the pro-
posed project, including anticipated private 
and public benefits relative to the costs of 
the proposed project, including— 
‘‘(I) effects on system and service 
performance, including as measured by 
applicable metrics set forth in part 273 
of title 49, Code of Federal Regulations 
(or successor regulations); 
‘‘(II) effects on safety, competi-
tiveness, reliability, trip or transit
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† HR 3684 EAS 
time, greenhouse gas emissions, and re-
silience; 
‘‘(III) anticipated positive eco-
nomic and employment impacts, in-
cluding development in areas near pas-
senger stations, historic districts, or 
other opportunity zones; 
‘‘(IV) efficiencies from improved 
connections with other modes; and 
‘‘(V) ability to meet existing or 
anticipated demand; 
‘‘(ii) the degree to which the proposed 
project’s business plan considers potential 
private sector participation in the financ-
ing, construction, or operation of the pro-
posed project; 
‘‘(iii) the applicant’s past performance 
in 
developing 
and 
delivering 
similar 
projects, and previous financial contribu-
tions; 
‘‘(iv) whether the applicant has, or will 
have— 
‘‘(I) the legal, financial, and tech-
nical capacity to carry out the project;
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† HR 3684 EAS 
‘‘(II) satisfactory continuing ac-
cess to the equipment or facilities; and 
‘‘(III) the capability and willing-
ness to maintain the equipment or fa-
cilities; 
‘‘(v) if applicable, the consistency of 
the project with planning guidance and doc-
uments set forth by the Secretary or other-
wise required by law; 
‘‘(vi) whether the proposed project 
serves historically unconnected or undercon-
nected communities; and 
‘‘(vii) any other relevant factors, as de-
termined by the Secretary; and 
‘‘(3) the Secretary shall reserve— 
‘‘(A) not less than 45 percent of the 
amounts appropriated for grants under this sec-
tion for projects not located along the Northeast 
Corridor, of which not less than 20 percent shall 
be for projects that benefit (in whole or in part) 
a long-distance route; and 
‘‘(B) not less than 45 percent of the 
amounts appropriated for grants under this sec-
tion for projects listed on the Northeast Corridor
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† HR 3684 EAS 
project inventory published pursuant to sub-
section (e)(1). 
‘‘(e) LONG-TERM PLANNING.—Not later than 1 year 
after the date of enactment of the Passenger Rail Expansion 
and Rail Safety Act of 2021, and every 2 years thereafter, 
the Secretary shall create a predictable project pipeline that 
will assist Amtrak, States, and the public with long-term 
capital planning by publishing a Northeast Corridor 
project inventory that— 
‘‘(1) identifies capital projects for Federal invest-
ment, project applicants, and proposed Federal fund-
ing levels under this section; 
‘‘(2) specifies the order in which the Secretary 
will provide grant funding to projects that have iden-
tified sponsors and are located along the Northeast 
Corridor, including a method and plan for appor-
tioning funds to project sponsors for the 2-year pe-
riod, which may be altered by the Secretary, as nec-
essary, if recipients are not carrying out projects in 
accordance with the anticipated schedule; 
‘‘(3) takes into consideration the appropriate se-
quence and phasing of projects described in the North-
east Corridor capital investment plan developed pur-
suant to section 24904(a);
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† HR 3684 EAS 
‘‘(4) is consistent with the most recent Northeast 
Corridor service development plan update described in 
section 24904(d); 
‘‘(5) takes into consideration the existing com-
mitments and anticipated Federal, project applicant, 
sponsor, and other relevant funding levels for the next 
5 fiscal years based on information currently avail-
able to the Secretary; and 
‘‘(6) is developed in consultation with the North-
east Corridor Commission and the owners of North-
east Corridor infrastructure and facilities.’’; 
(5) in subsection (f)(2), by inserting ‘‘, except as 
specified under paragraph (4)’’ after ‘‘80 percent’’; 
(6) in subsection (g)— 
(A) in the subsection heading, by inserting 
‘‘; PHASED FUNDING AGREEMENTS’’ after ‘‘IN-
TENT’’; 
(B) in paragraph (1)— 
(i) in the paragraph heading, by strik-
ing ‘‘IN GENERAL’’ and inserting ‘‘LETTERS 
OF INTENT’’; and 
(ii) by striking ‘‘shall, to the maximum 
extent practicable,’’ and inserting ‘‘may’’; 
(C) by redesignating paragraphs (2) and 
(3) as paragraphs (3) and (4), respectively;
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† HR 3684 EAS 
(D) by inserting after paragraph (1) the fol-
lowing: 
‘‘(2) PHASED FUNDING AGREEMENTS.— 
‘‘(A) IN
GENERAL.—The Secretary may 
enter into a phased funding agreement with an 
applicant if— 
‘‘(i) the project is highly rated, based 
on the evaluations and ratings conducted 
pursuant to this section and the applicable 
notice of funding opportunity; and 
‘‘(ii) the Federal assistance to be pro-
vided for the project under this section is 
more than $80,000,000. 
‘‘(B) TERMS.—A phased funding agreement 
shall— 
‘‘(i) establish the terms of participa-
tion by the Federal Government in the 
project; 
‘‘(ii) establish the maximum amount of 
Federal financial assistance for the project; 
‘‘(iii) include the period of time for 
completing the project, even if such period 
extends beyond the period for which Federal 
financial assistance is authorized;
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† HR 3684 EAS 
‘‘(iv) make timely and efficient man-
agement of the project easier in accordance 
with Federal law; and 
‘‘(v) if applicable, specify when the 
process for complying with the National 
Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.) and related environ-
mental laws will be completed for the 
project. 
‘‘(C) SPECIAL FINANCIAL RULES.— 
‘‘(i) IN GENERAL.—A phased funding 
agreement under this paragraph obligates 
an amount of available budget authority 
specified in law and may include a commit-
ment, contingent on amounts to be specified 
in law in advance for commitments under 
this paragraph, to obligate an additional 
amount from future available budget au-
thority specified in law. 
‘‘(ii) STATEMENT OF CONTINGENT COM-
MITMENT.—The agreement shall state that 
the contingent commitment is not an obli-
gation of the Government. 
‘‘(iii) INTEREST AND OTHER FINANC-
ING COSTS.—Interest and other financing
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† HR 3684 EAS 
costs of efficiently carrying out a part of the 
project within a reasonable time are a cost 
of carrying out the project under a phased 
funding agreement, except that eligible costs 
may not be more than the cost of the most 
favorable financing terms reasonably avail-
able for the project at the time of borrowing. 
The applicant shall certify, to the satisfac-
tion of the Secretary, that the applicant has 
shown reasonable diligence in seeking the 
most favorable financing terms. 
‘‘(iv) 
FAILURE
TO
CARRY
OUT 
PROJECT.—If an applicant does not carry 
out the project for reasons within the con-
trol of the applicant, the applicant shall 
repay all Federal grant funds awarded for 
the project from all Federal funding sources, 
for all project activities, facilities, and 
equipment, plus reasonable interest and 
penalty charges allowable by law or estab-
lished by the Secretary in the phased fund-
ing agreement. For purposes of this clause, 
a process for complying with the National 
Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.) that results in the selec-
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† HR 3684 EAS 
tion of the no build alternative is not with-
in the applicant’s control. 
‘‘(v) 
CREDITING
OF
FUNDS
RE-
CEIVED.—Any funds received by the Gov-
ernment under this paragraph, except for 
interest and penalty charges, shall be cred-
ited to the appropriation account from 
which the funds were originally derived.’’; 
(E) in paragraph (3), as redesignated— 
(i) in subparagraph (A), in the matter 
preceding clause (i), by inserting ‘‘a phased 
funding agreement under paragraph (2) or’’ 
after ‘‘issuing’’; and 
(ii) in subparagraph (B)(i), by insert-
ing ‘‘the phased funding agreement or’’ after 
‘‘a copy of’’; and 
(F) in paragraph (4), as redesignated— 
(i) by striking ‘‘An obligation’’ and in-
serting the following: 
‘‘(B) APPROPRIATIONS REQUIRED.—An ob-
ligation’’; and 
(ii) by inserting before subparagraph 
(B), as added by clause (i), the following: 
‘‘(A) IN
GENERAL.—The Secretary may 
enter into phased funding agreements under this
790 
† HR 3684 EAS 
subsection that contain contingent commitments 
to incur obligations in such amounts as the Sec-
retary determines are appropriate.’’; 
(7) in subsection (i), by striking ‘‘section 22905’’ 
and inserting ‘‘sections 22903 and 22905’’; and 
(8) by adding at the end the following: 
‘‘(j) ANNUAL REPORT ON PHASED FUNDING AGREE-
MENTS AND LETTERS OF INTENT.—Not later than the first 
Monday in February of each year, the Secretary shall sub-
mit a report to the Committee on Commerce, Science, and 
Transportation of the Senate, the Committee on Appropria-
tions of the Senate, the Committee on Transportation and 
Infrastructure of the House of Representatives, and the 
Committee on Appropriations of the House of Representa-
tives that includes— 
‘‘(1) a proposal for the allocation of amounts to 
be available to finance grants for projects under this 
section among applicants for such amounts; 
‘‘(2) evaluations and ratings, as applicable, for 
each project that has received a phased funding agree-
ment or a letter of intent; and 
‘‘(3) recommendations for each project that has 
received a phased funding agreement or a letter of in-
tent for funding based on the evaluations and ratings, 
as applicable, and on existing commitments and an-
791 
† HR 3684 EAS 
ticipated funding levels for the next 3 fiscal years 
based on information currently available to the Sec-
retary. 
‘‘(k) REGIONAL
PLANNING
GUIDANCE
CORRIDOR 
PLANNING.—The Secretary may withhold up to 5 percent 
of the total amount made available for this section to carry 
out planning and development activities related to section 
25101, including— 
‘‘(1) providing funding to public entities for the 
development of service development plans selected 
under the Corridor Identification and Development 
Program; 
‘‘(2) facilitating and providing guidance for 
intercity passenger rail systems planning; and 
‘‘(3) providing funding for the development and 
refinement of intercity passenger rail systems plan-
ning analytical tools and models.’’. 
(b) CLERICAL AMENDMENT.—The analysis for chapter 
249 of title 49, United States Code, is amended by striking 
the item relating to section 24911 and inserting the fol-
lowing: 
‘‘24911. Federal-State partnership for intercity passenger rail.’’.
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SEC. 22308. CORRIDOR IDENTIFICATION AND DEVELOP-
MENT PROGRAM. 
(a) IN GENERAL.—Part C of subtitle V of title 49, 
United States Code, is amended by adding at the end the 
following: 
‘‘CHAPTER 251—PASSENGER RAIL 
PLANNING 
‘‘Sec. 
‘‘25101. Corridor Identification and Development Program. 
‘‘§ 25101. Corridor Identification and Development 
Program 
‘‘(a) IN GENERAL.—Not later than 180 days after the 
date of enactment of the Passenger Rail Expansion and 
Rail Safety Act of 2021, the Secretary of Transportation 
shall establish a program to facilitate the development of 
intercity passenger rail corridors. The program shall in-
clude— 
‘‘(1) a process for eligible entities described in 
subsection (b) to submit proposals for the development 
of intercity passenger rail corridors; 
‘‘(2) a process for the Secretary to review and se-
lect proposals in accordance with subsection (c); 
‘‘(3) criteria for determining the level of readi-
ness for Federal financial assistance of an intercity 
passenger rail corridor, which shall include—
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‘‘(A) identification of a service operator 
which may include Amtrak or private rail car-
riers; 
‘‘(B) identification of a service sponsor or 
sponsors; 
‘‘(C) identification capital project sponsors; 
‘‘(D) engagement with the host railroads; 
and 
‘‘(E) other criteria as determined appro-
priate by the Secretary; 
‘‘(4) a process for preparing service development 
plans in accordance with subsection (d), including the 
identification of planning funds, such as funds made 
available under section 24911(k) and interstate rail 
compact grants established under section 22210; 
‘‘(5) the creation of a pipeline of intercity pas-
senger rail corridor projects under subsection (g); 
‘‘(6) planning guidance to achieve the purposes 
of this section, including guidance for intercity pas-
senger rail corridors not selected under this section; 
and 
‘‘(7) such other features as the Secretary con-
siders relevant to the successful development of inter-
city passenger rail corridors.
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‘‘(b) ELIGIBLE ENTITIES.—The Secretary may receive 
proposals under this section from Amtrak, States, groups 
of States, entities implementing interstate compacts, re-
gional passenger rail authorities, regional planning organi-
zations, political subdivisions of a State, federally recog-
nized Indian Tribes, and other public entities, as deter-
mined by the Secretary. 
‘‘(c) CORRIDOR SELECTION.—In selecting intercity 
passenger rail corridors pursuant to subsection (a), the Sec-
retary shall consider— 
‘‘(1) whether the route was identified as part of 
a regional or interregional intercity passenger rail 
systems planning study; 
‘‘(2) projected ridership, revenues, capital invest-
ment, and operating funding requirements; 
‘‘(3) anticipated environmental, congestion miti-
gation, and other public benefits; 
‘‘(4) projected trip times and their competitive-
ness with other transportation modes; 
‘‘(5) anticipated positive economic and employ-
ment impacts, including development in the areas 
near passenger stations, historic districts, or other op-
portunity zones;
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‘‘(6) committed or anticipated State, regional 
transportation authority, or other non-Federal fund-
ing for operating and capital costs; 
‘‘(7) benefits to rural communities; 
‘‘(8) whether the corridor is included in a State’s 
approved State rail plan developed pursuant to chap-
ter 227; 
‘‘(9) whether the corridor serves historically 
unserved or underserved and low-income communities 
or areas of persistent poverty; 
‘‘(10) whether the corridor would benefit or im-
prove connectivity with existing or planned transpor-
tation services of other modes; 
‘‘(11) whether the corridor connects at least 2 of 
the 100 most populated metropolitan areas; 
‘‘(12) whether the corridor would enhance the re-
gional equity and geographic diversity of intercity 
passenger rail service; 
‘‘(13) whether the corridor is or would be inte-
grated into the national rail passenger transportation 
system and whether the corridor would create benefits 
for other passenger rail routes and services; and 
‘‘(14) whether a passenger rail operator, includ-
ing a private rail carrier, has expressed support for 
the corridor.
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‘‘(d) SERVICE DEVELOPMENT PLANS.—For each cor-
ridor proposal selected for development under this section, 
the Secretary shall partner with the entity that submitted 
the proposal, relevant States, and Amtrak, as appropriate, 
to prepare a service development plan (or to update an ex-
isting service development plan), which shall include— 
‘‘(1) a detailed description of the proposed inter-
city passenger rail service, including train fre-
quencies, peak and average operating speeds, and trip 
times; 
‘‘(2) a corridor project inventory that— 
‘‘(A) identifies the capital projects necessary 
to achieve the proposed intercity passenger rail 
service, including— 
‘‘(i) the capital projects for which Fed-
eral investment will be sought; 
‘‘(ii) the likely project applicants; and 
‘‘(iii) the proposed Federal funding 
levels; 
‘‘(B) specifies the order in which Federal 
funding will be sought for the capital projects 
identified under subparagraph (A), after consid-
ering the appropriate sequence and phasing of 
projects based on the anticipated availability of 
funds; and
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‘‘(C) is developed in consultation with the 
entities listed in subsection (e); 
‘‘(3) a schedule and any associated phasing of 
projects and related service initiation or changes; 
‘‘(4) project sponsors and other entities expected 
to participate in carrying out the plan; 
‘‘(5) a description of how the corridor would 
comply with Federal rail safety and security laws, or-
ders, and regulations; 
‘‘(6) the locations of existing and proposed sta-
tions; 
‘‘(7) the needs for rolling stock and other equip-
ment; 
‘‘(8) a financial plan identifying projected— 
‘‘(A) annual revenues; 
‘‘(B) annual ridership; 
‘‘(C) capital investments before service could 
be initiated; 
‘‘(D) capital investments required to main-
tain service; 
‘‘(E) annual operating and costs; and 
‘‘(F) sources of capital investment and oper-
ating financial support;
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‘‘(9) a description of how the corridor would con-
tribute to the development of a multi-State regional 
network of intercity passenger rail; 
‘‘(10) an intermodal plan describing how the 
new or improved corridor facilitates travel connec-
tions with other passenger transportation services; 
‘‘(11) a description of the anticipated environ-
mental benefits of the corridor; and 
‘‘(12) a description of the corridor’s impacts on 
highway and aviation congestion, energy consump-
tion, land use, and economic development in the serv-
ice area. 
‘‘(e) CONSULTATION.—In partnering on the prepara-
tion of a service development plan under subsection (d), the 
Secretary shall consult with— 
‘‘(1) Amtrak; 
‘‘(2) appropriate State and regional transpor-
tation authorities and local officials; 
‘‘(3) representatives of employee labor organiza-
tions representing railroad and other appropriate em-
ployees; 
‘‘(4) host railroads for the proposed corridor; and 
‘‘(5) other stakeholders, as determined by the Sec-
retary.
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‘‘(f) UPDATES.—Every 5 years, after the initial devel-
opment of the service development plan under subsection 
(d), if at least 40 percent of the work to implement a service 
development plan prepared under subsection (d) has not yet 
been completed, the plan’s sponsor, in consultation with the 
Secretary, shall determine whether such plan should be up-
dated. 
‘‘(g) PROJECT PIPELINE.—Not later than 1 year after 
the establishment of the program under this section, and 
by February 1st of each year thereafter, the Secretary shall 
submit to the Committee on Commerce, Science, and Trans-
portation of the Senate, the Committee on Appropriations 
of the Senate, and the Committee on Transportation and 
Infrastructure of the House of Representatives, and the 
Committee on Appropriations of the House of Representa-
tives a project pipeline, in accordance with this section, 
that— 
‘‘(1) identifies intercity passenger rail corridors 
selected for development under this section; 
‘‘(2) identifies capital projects for Federal invest-
ment, project applicants, and proposed Federal fund-
ing levels, as applicable, consistent with the corridor 
project inventory; 
‘‘(3) specifies the order in which the Secretary 
would provide Federal financial assistance, subject to
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the availability of funds, to projects that have identi-
fied sponsors, including a method and plan for ap-
portioning funds to project sponsors for a 5-year pe-
riod, which may be altered by the Secretary, as nec-
essary, if recipients are not carrying out projects on 
the anticipated schedule; 
‘‘(4) takes into consideration the appropriate se-
quence and phasing of projects described in the cor-
ridor project inventory; 
‘‘(5) takes into consideration the existing com-
mitments and anticipated Federal, project applicant, 
sponsor, and other relevant funding levels for the next 
5 fiscal years based on information currently avail-
able to the Secretary; 
‘‘(6) is prioritized based on the level of readiness 
of the corridor; and 
‘‘(7) reflects consultation with Amtrak. 
‘‘(h) DEFINITION.—In this section, the term ‘intercity 
passenger rail corridor’ means— 
‘‘(1) a new intercity passenger rail route of less 
than 750 miles; 
‘‘(2) the enhancement of an existing intercity 
passenger rail route of less than 750 miles;
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† HR 3684 EAS 
‘‘(3) the restoration of service over all or portions 
of an intercity passenger rail route formerly operated 
by Amtrak; or 
‘‘(4) the increase of service frequency of a long- 
distance intercity passenger rail route.’’. 
(b) CLERICAL AMENDMENT.—The table of chapters for 
subtitle V of title 49, United States Code, is amended by 
inserting after the item relating to chapter 249 the fol-
lowing: 
‘‘Chapter 251. Passenger rail planning ...................................25101’’. 
SEC. 
22309. 
SURFACE 
TRANSPORTATION 
BOARD 
PAS-
SENGER RAIL PROGRAM. 
The Surface Transportation Board shall— 
(1) establish a passenger rail program with pri-
mary responsibility for carrying out the Board’s pas-
senger rail responsibilities; and 
(2) hire up to 10 additional full-time employees 
to assist in carrying out the responsibilities referred 
to in paragraph (1). 
Subtitle D—Rail Safety 
SEC. 22401. RAILWAY-HIGHWAY CROSSINGS PROGRAM EVAL-
UATION. 
(a) IN GENERAL.—Not later than 3 years after the 
date of enactment of this Act, the Secretary shall evaluate 
the requirements of the railway-highway crossings program
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authorized under section 130 of title 23, United States Code, 
to determine whether— 
(1) the requirements of the program provide 
States sufficient flexibility to adequately address cur-
rent and emerging highway-rail grade crossing safety 
issues; 
(2) the structure of the program provides suffi-
cient incentives and resources to States and local 
agencies to make changes at highway-rail grade cross-
ings that are most effective at reducing deaths and in-
juries; 
(3) there are appropriate tools and resources to 
support States in using data driven programs to de-
termine the most cost-effective use of program funds; 
and 
(4) any statutory changes are recommended to 
improve the effectiveness of the program. 
(b) REPORT.—Not later than 4 years after the date 
of enactment of this Act, the Secretary shall submit a report 
to the Committee on Commerce, Science, and Transpor-
tation of the Senate, the Committee on Environment and 
Public Works of the Senate, and the Committee on Trans-
portation and Infrastructure of the House of Representa-
tives that summarizes and describes the results of the eval-
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† HR 3684 EAS 
uation conducted pursuant to subsection (a), including any 
recommended statutory changes. 
SEC. 22402. GRADE CROSSING ACCIDENT PREDICTION 
MODEL. 
Not later than 2 years after the date of enactment of 
this Act, the Administrator of the Federal Railroad Admin-
istration shall— 
(1) update the grade crossing accident prediction 
and severity model used by the Federal Railroad Ad-
ministration to analyze accident risk at highway-rail 
grade crossings; and 
(2) provide training on the use of the updated 
grade crossing accident prediction and severity model. 
SEC. 22403. PERIODIC UPDATES TO HIGHWAY-RAIL CROSS-
ING REPORTS AND PLANS. 
(a) HIGHWAY-RAIL GRADE CROSSING SAFETY.—Sec-
tion 11401 of the Fixing America’s Surface Transportation 
Act (Public Law 114–94; 49 U.S.C. 22907 note) is amend-
ed— 
(1) by striking subsection (c); and 
(2) by redesignating subsections (d) and (e) as 
subsections (c) and (d), respectively. 
(b) REPORTS ON HIGHWAY-RAIL GRADE CROSSING 
SAFETY.—
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† HR 3684 EAS 
(1) IN
GENERAL.—Chapter 201 of title 49, 
United States Code, is amended by inserting after sec-
tion 20166 the following: 
‘‘§ 20167. Reports on highway-rail grade crossing safe-
ty 
‘‘(a) REPORT.—Not later than 4 years after the date 
by which States are required to submit State highway-rail 
grade crossing action plans under section 11401(b) of the 
Fixing America’s Surface Transportation Act (49 U.S.C. 
22907 note), the Administrator of the Federal Railroad Ad-
ministration, in consultation with the Administrator of the 
Federal Highway Administration, shall submit a report to 
the Committee on Commerce, Science, and Transportation 
of the Senate and the Committee on Transportation and 
Infrastructure of the House of Representatives that summa-
rizes the State highway-rail grade crossing action plans, 
including— 
‘‘(1) an analysis and evaluation of each State 
railway-highway crossings program under section 130 
of title 23, including— 
‘‘(A) compliance with section 11401 of the 
Fixing America’s Surface Transportation Act 
and section 130(g) of title 23; and 
‘‘(B) the specific strategies identified by 
each State to improve safety at highway-rail
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grade crossings, including crossings with mul-
tiple accidents or incidents; 
‘‘(2) the progress of each State in implementing 
its State highway-rail grade crossings action plan; 
‘‘(3) the number of highway-rail grade crossing 
projects undertaken pursuant to section 130 of title 
23, including the distribution of such projects by cost 
range, road system, nature of treatment, and subse-
quent accident experience at improved locations; 
‘‘(4) which States are not in compliance with 
their schedule of projects under section 130(d) of title 
23; and 
‘‘(5) any recommendations for future implemen-
tation of the railway-highway crossings program 
under section 130 of title 23. 
‘‘(b) UPDATES.—Not later than 5 years after the sub-
mission of the report required under subsection (a), the Ad-
ministrator of the Federal Railroad Administration, in 
consultation with the Administrator of the Federal High-
way Administration, shall— 
‘‘(1) update the report based on the State annual 
reports submitted pursuant to section 130(g) of title 
23 and any other information obtained by or avail-
able to the Administrator of the Federal Railroad Ad-
ministration; and
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‘‘(2) submit the updated report to the Committee 
on Commerce, Science, and Transportation of the 
Senate and the Committee on Transportation and In-
frastructure of the House of Representatives. 
‘‘(c) DEFINITIONS.—In this section: 
‘‘(1) HIGHWAY-RAIL
GRADE
CROSSING.—The 
term ‘highway-rail grade crossing’ means a location 
within a State, other than a location at which 1 or 
more railroad tracks cross 1 or more railroad tracks 
at grade, at which— 
‘‘(A) a public highway, road, or street, or a 
private roadway, including associated sidewalks 
and pathways, crosses 1 or more railroad tracks, 
either at grade or grade-separated; or 
‘‘(B) a pathway explicitly authorized by a 
public authority or a railroad carrier that— 
‘‘(i) is dedicated for the use of non-
vehicular traffic, including pedestrians, 
bicyclists, and others; 
‘‘(ii) is not associated with a public 
highway, road, or street, or a private road-
way; and 
‘‘(iii) crosses 1 or more railroad tracks, 
either at grade or grade-separated.
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‘‘(2) STATE.—The term ‘State’ means a State of 
the United States or the District of Columbia.’’. 
(2) CLERICAL
AMENDMENT.—The analysis for 
chapter 201 of title 49, United States Code, is amend-
ed by inserting after the item relating to section 
20166 the following: 
‘‘20167. Reports on highway-rail grade crossing safety.’’. 
(c) ANNUAL REPORT.—Section 130(g) of title 23, 
United States Code, is amended to read as follows: 
‘‘(g) ANNUAL REPORT.— 
‘‘(1) IN GENERAL.—Not later than August 31 of 
each year, each State shall submit a report to the Ad-
ministrator of the Federal Highway Administration 
that describes— 
‘‘(A) the progress being made to implement 
the railway-highway crossings program author-
ized under this section; and 
‘‘(B) the effectiveness of the improvements 
made as a result of such implementation. 
‘‘(2) CONTENTS.—Each report submitted pursu-
ant to paragraph (1) shall contain an assessment 
of— 
‘‘(A) the costs of the various treatments em-
ployed by the State to implement the railway- 
highway crossings program; and
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‘‘(B) the effectiveness of such treatments, as 
measured by the accident experience at the loca-
tions that received such treatments. 
‘‘(3) COORDINATION.—Not later than 30 days 
after the Federal Highway Administration’s accept-
ance of each report submitted pursuant to paragraph 
(1), the Administrator of the Federal Highway Ad-
ministration shall make such report available to the 
Administrator of the Federal Railroad Administra-
tion.’’. 
SEC. 22404. BLOCKED CROSSING PORTAL. 
(a) IN GENERAL.—The Administrator of the Federal 
Railroad Administration shall establish a 3-year blocked 
crossing portal, which shall include the maintenance of the 
portal and corresponding database to receive, store, and re-
trieve information regarding blocked highway-rail grade 
crossings. 
(b) BLOCKED CROSSING PORTAL.—The Administrator 
of the Federal Railroad Administration shall establish a 
blocked crossing portal that— 
(1) collects information from the public, includ-
ing first responders, regarding blocked highway-rail 
grade crossing events; 
(2) solicits the apparent cause of the blocked 
crossing and provides examples of common causes of
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blocked crossings, such as idling trains or instances 
when lights or gates are activated when no train is 
present; 
(3) provides each complainant with the contact 
information for reporting a blocked crossing to the 
relevant railroad; and 
(4) encourages each complainant to report the 
blocked crossing to the relevant railroad. 
(c) COMPLAINTS.—The blocked crossing portal shall be 
programmed to receive complaints from the general public 
about blocked highway-rail grade crossings. Any complaint 
reported through the portal shall indicate whether the com-
plainant also reported the blocked crossing to the relevant 
railroad. 
(d) INFORMATION
RECEIVED.—In reviewing com-
plaints received pursuant to subsection (c), the Federal 
Railroad Administration shall review, to the extent prac-
ticable, the information received from the complainant to 
account for duplicative or erroneous reporting. 
(e) USE OF INFORMATION.—The information received 
and maintained in the blocked crossing portal database 
shall be used by the Federal Railroad Administration— 
(1) to identify frequent and long-duration 
blocked highway-rail grade crossings;
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(2) as a basis for conducting outreach to commu-
nities, emergency responders, and railroads; 
(3) to support collaboration in the prevention of 
incidents at highway-rail grade crossings; and 
(4) to assess the impacts of blocked crossings. 
(f) SHARING INFORMATION RECEIVED.— 
(1) IN GENERAL.—The Administrator of the Fed-
eral Railroad Administration shall implement and 
make publicly available procedures for sharing any 
nonaggregated information received through the 
blocked crossing portal with the public. 
(2) RULE OF CONSTRUCTION.—Nothing in this 
section may be construed to authorize the Federal 
Railroad Administration to make publically available 
sensitive security information. 
(g) ADDITIONAL INFORMATION.—If the information 
submitted to the blocked crossing portal is insufficient to 
determine the locations and potential impacts of blocked 
highway-rail grade crossings, the Federal Railroad Admin-
istration may collect, from the general public, State and 
local law enforcement personnel, and others as appropriate, 
and on a voluntary basis, such additional information as 
may be necessary to make such determinations.
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(h) LIMITATIONS.—Complaints, data, and other infor-
mation received through the blocked crossing portal may not 
be used— 
(1) to infer or extrapolate the rate or instances 
of crossings beyond the data received through the por-
tal; or 
(2) for any regulatory or enforcement purposes 
except those specifically described in this section. 
(i) REPORTS.— 
(1) ANNUAL
PUBLIC
REPORT.—The Adminis-
trator of the Federal Railroad Administration shall 
publish an annual report on a public website regard-
ing the blocked crossing program, including the un-
derlying causes of blocked crossings, program chal-
lenges, and other findings. 
(2) REPORT TO CONGRESS.—Not later than 1 
year after the date of enactment of this Act, the Ad-
ministrator of the Federal Railroad Administration 
shall submit a report to the Committee on Commerce, 
Science, and Transportation of the Senate and the 
Committee on Transportation and Infrastructure of 
the House of Representatives that describes— 
(A) based on the information received 
through the blocked crossing portal, frequent and 
long-duration blocked highway-rail grade cross-
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ings, including the locations, dates, durations, 
and impacts resulting from such occurrences; 
(B) the Federal Railroad Administration’s 
process for verifying the accuracy of the com-
plaints submitted to the blocked crossing portal, 
including whether the portal continues to be ef-
fective in collecting such information and identi-
fying blocked crossings; 
(C) the Federal Railroad Administration’s 
use of the data compiled by the blocked crossing 
portal to assess the underlying cause and overall 
impacts of blocked crossings; 
(D) the engagement of the Federal Railroad 
Administration with affected parties to identify 
and facilitate solutions to frequent and long-du-
ration blocked highway-rail grade crossings iden-
tified by the blocked crossing portal; and 
(E) whether the blocked crossing portal con-
tinues to be an effective method to collect blocked 
crossing information and what changes could 
improve its effectiveness. 
(j) SUNSET.—This section (other than subsection (k)) 
shall have no force or effect beginning on the date that is 
3 years after the date of enactment of this Act.
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(k) RULE OF CONSTRUCTION.—Nothing in this section 
may be construed to invalidate any authority of the Sec-
retary with respect to blocked highway-rail grade crossings. 
The Secretary may continue to use any such authority after 
the sunset date set forth in subsection (j). 
SEC. 22405. DATA ACCESSIBILITY. 
(a) REVIEW.—Not later than 180 days after the date 
of enactment of this Act, the Chief Information Officer of 
the Department shall— 
(1) conduct a review of the website of the Office 
of Safety Analysis of the Federal Railroad Adminis-
tration; and 
(2) provide recommendations to the Secretary for 
improving the public’s usability and accessibility of 
the website referred to in paragraph (1). 
(b) UPDATES.—Not later than 1 year after receiving 
recommendations from the Chief Information Officer pursu-
ant to subsection (a)(2), the Secretary, after considering 
such recommendations, shall update the website of the Office 
of Safety Analysis of the Federal Railroad Administration 
to improve the usability and accessibility of the website. 
SEC. 22406. EMERGENCY LIGHTING. 
Not later than 1 year after the date of enactment of 
this Act, the Secretary shall initiate a rulemaking to re-
quire that all rail carriers providing intercity passenger
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rail transportation or commuter rail passenger transpor-
tation (as such terms are defined in section 24102 of title 
49, United States Code), develop and implement periodic 
inspection plans to ensure that passenger equipment offered 
for revenue service complies with the requirements under 
part 238 of title 49, Code of Federal Regulations, including 
ensuring that, in the event of a loss of power, there is ade-
quate emergency lighting available to allow passengers, 
crew members, and first responders— 
(1) to see and orient themselves; 
(2) to identify obstacles; 
(3) to safely move throughout the rail car; and 
(4) to evacuate safely. 
SEC. 22407. COMPREHENSIVE RAIL SAFETY REVIEW OF AM-
TRAK. 
(a) COMPREHENSIVE
SAFETY
ASSESSMENT.—Not 
later than 1 year after the date of enactment of this Act, 
the Secretary shall— 
(1) conduct a focused review of Amtrak’s safety- 
related processes and procedures, compliance with 
safety regulations and requirements, and overall safe-
ty culture; and 
(2) submit a report to the Committee on Com-
merce, Science, and Transportation of the Senate and 
the Committee on Transportation and Infrastructure
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† HR 3684 EAS 
of the House of Representatives that includes the find-
ings and recommendations resulting from such assess-
ment. 
(b) PLAN.— 
(1) INITIAL
PLAN.—Not later than 6 months 
after the completion of the comprehensive safety as-
sessment under subsection (a)(1), Amtrak shall submit 
a plan to the Committee on Commerce, Science, and 
Transportation of the Senate and the Committee on 
Transportation and Infrastructure of the House of 
Representatives for addressing the findings and rec-
ommendations raised in the comprehensive safety as-
sessment. 
(2) ANNUAL UPDATES.—Amtrak shall submit an-
nual updates of its progress toward implementing the 
plan submitted pursuant to paragraph (1) to the 
committees listed in such paragraph. 
SEC. 22408. COMPLETION OF HOURS OF SERVICE AND FA-
TIGUE STUDIES. 
(a) IN GENERAL.—Not later than 90 days after the 
date of enactment of this Act, the Administrator of the Fed-
eral Railroad Administration shall commence the pilot pro-
grams required under subparagraphs (A) and (B) of section 
21109(e)(1) of title 49, United States Code.
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(b) CONSULTATION.—The Federal Railroad Adminis-
tration shall consult with the class or craft of employees 
impacted by the pilot projects, including railroad carriers, 
and representatives of labor organizations representing the 
impacted employees when designing and conducting the 
pilot programs referred to in subsection (a). 
(c) REPORT.—If the pilot programs required under 
section 21109(e)(1) of title 49, United States Code, have not 
commenced on the date that is 1 year and 120 days after 
the date of enactment of this Act, the Secretary, not later 
than 30 days after such date, submit a report to the Com-
mittee on Commerce, Science, and Transportation of the 
Senate and the Committee on Transportation and Infra-
structure of the House of Representatives that describes— 
(1) the status of such pilot programs; 
(2) actions that the Federal Railroad Adminis-
tration has taken to commence the pilot programs, in-
cluding efforts to recruit participant railroads; 
(3) any challenges impacting the commencement 
of the pilot programs; and 
(4) any other details associated with the develop-
ment of the pilot programs that affect progress toward 
meeting the mandate under such section 21109(e)(1).
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SEC. 22409. POSITIVE TRAIN CONTROL STUDY. 
(a) STUDY.—The Comptroller General of the United 
States shall conduct a study to determine the annual posi-
tive train control system operation and maintenance costs 
for public commuter railroads. 
(b) REPORT.—Not later than 2 years after the date 
of enactment of this Act, the Comptroller General of the 
United States shall submit a report to the Committee on 
Commerce, Science, and Transportation of the Senate and 
the Committee on Transportation and Infrastructure of the 
House of Representatives that summarizes the study con-
ducted pursuant to subsection (a), including the estimated 
annual positive train control system operation and mainte-
nance costs for public commuter railroads. 
SEC. 22410. OPERATING CREW MEMBER TRAINING, QUALI-
FICATION, AND CERTIFICATION. 
(a) AUDITS.—Not later than 60 days after the date 
of enactment of this Act, the Secretary shall initiate audits 
of the training, qualification, and certification programs 
of locomotive engineers and conductors of railroad carriers, 
subject to the requirements of parts 240 and 242 of title 
49, Code of Federal Regulations, which audits shall— 
(1) be conducted in accordance with subsection 
(b); 
(2) consider whether such programs are in com-
pliance with such parts 240 and 242;
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(3) assess the type and content of training that 
such programs provide locomotive engineers and con-
ductors, relevant to their respective roles, including 
training related to installed technology; 
(4) determine whether such programs provide lo-
comotive engineers and conductors the knowledge, 
skill, and ability to safely operate a locomotive or 
train, consistent with such parts 240 and 242; 
(5) determine whether such programs reflect the 
current operating practices of the railroad carrier; 
(6) assess the current practice by which railroads 
utilize simulator training, or any other technologies 
used to train and qualify locomotive engineers and 
conductors by examining how such technologies are 
used; 
(7) consider international experience and prac-
tice using similar technology, as appropriate, par-
ticularly before qualifying locomotive engineers on 
new or unfamiliar equipment, new train control, 
diagnostics, or other on-board technology; 
(8) assess the current practice for familiarizing 
locomotive engineers and conductors with new terri-
tory and using recurrency training to expose such 
personnel to normal and abnormal conditions; and
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(9) ensure that locomotive engineers and con-
ductor training programs are considered separately, 
as appropriate, based on the unique requirements and 
regulations. 
(b) AUDIT SCHEDULING.—The Secretary shall— 
(1) schedule the audits required under subsection 
(a) to ensure that— 
(A) each Class I railroad, including the Na-
tional Railroad Passenger Corporation and other 
intercity passenger rail providers, is audited not 
less frequently than once every 5 years; and 
(B) a select number, as determined appro-
priate by the Secretary, of Class II and Class III 
railroads, along with other railroads providing 
passenger rail service that are not included in 
subparagraph (A), are audited annually; and 
(2) conduct the audits described in paragraph 
(1)(B) in accordance with the Small Business Regu-
latory Enforcement Fairness Act of 1996 (5 U.S.C. 
601 note) and appendix C of part 209 of title 49, 
Code of Federal Regulations. 
(c) UPDATES TO QUALIFICATION AND CERTIFICATION 
PROGRAM.—If the Secretary, while conducting the audits 
required under this section, identifies a deficiency in a rail-
road’s training, qualification, and certification program for
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† HR 3684 EAS 
locomotive engineers or conductors, the railroad shall up-
date the program to eliminate such deficiency. 
(d) CONSULTATION AND COOPERATION.— 
(1) CONSULTATION.—In conducting any audit 
required under this section, the Secretary shall con-
sult with the railroad and its employees, including 
any nonprofit employee labor organization rep-
resenting the engineers or conductors of the railroad. 
(2) COOPERATION.—The railroad and its em-
ployees, including any nonprofit employee labor orga-
nization representing engineers or conductors of the 
railroad, shall fully cooperate with any such audit, 
including by— 
(A) providing any relevant documents re-
quested; and 
(B) making available any employees for 
interview without undue delay or obstruction. 
(3) FAILURE TO COOPERATE.—If the Secretary 
determines that a railroad or any of its employees, 
including any nonprofit employee labor organization 
representing engineers or conductors of the railroad is 
not fully cooperating with an audit, the Secretary 
shall electronically notify the Committee on Com-
merce, Science, and Transportation of the Senate and
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the Committee on Transportation and Infrastructure 
of the House of Representatives. 
(e) REVIEW OF REGULATIONS.—The Secretary shall 
triennially determine whether any update to part 240 or 
242 of title 49, Code of Federal Regulations, is necessary 
to better prepare locomotive engineers and conductors to 
safely operate trains by evaluating whether such regulations 
establish appropriate Federal standards requiring rail-
roads— 
(1) to provide locomotive engineers or conductors 
the knowledge and skills to safely operate trains under 
conditions that reflect industry practices; 
(2) to adequately address locomotive engineer or 
conductor route situational awareness, including en-
suring locomotive engineers and conductors to dem-
onstrate knowledge on the physical characteristics of 
a territory under various conditions and using var-
ious resources; 
(3) to provide relevant and adequate hands-on 
training before a locomotive engineer or conductor is 
certified; 
(4) to adequately prepare locomotive engineers or 
conductors to understand relevant locomotive oper-
ating characteristics, to include instructions on func-
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† HR 3684 EAS 
tions they are required to operate on any installed 
technology; and 
(5) to address any other safety issue that the 
Secretary determines to be appropriate for better pre-
paring locomotive engineers or conductors. 
(f) ANNUAL REPORT.—The Secretary shall publish an 
annual report on the public website of the Federal Railroad 
Administration that— 
(1) summarizes the findings of the prior year’s 
audits; 
(2) summarizes any updates made pursuant to 
subsection (c); and 
(3) excludes and confidential business informa-
tion or sensitive security information. 
SEC. 22411. TRANSPARENCY AND SAFETY. 
Section 20103(d) of title 49, United States Code, is 
amended to read as follows: 
‘‘(d) NONEMERGENCY WAIVERS.— 
‘‘(1) IN GENERAL.—The Secretary of Transpor-
tation may waive, or suspend the requirement to com-
ply with, any part of a regulation prescribed or an 
order issued under this chapter if such waiver or sus-
pension is in the public interest and consistent with 
railroad safety. 
‘‘(2) NOTICE REQUIRED.—The Secretary shall—
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‘‘(A) provide timely public notice of any re-
quest for a waiver under this subsection or for a 
suspension under subpart E of part 211 of title 
49, Code of Federal Regulations, or successor reg-
ulations; 
‘‘(B) make available the application for 
such waiver or suspension and any nonconfiden-
tial underlying data to interested parties; 
‘‘(C) provide the public with notice and a 
reasonable opportunity to comment on a pro-
posed waiver or suspension under this subsection 
before making a final decision; and 
‘‘(D) publish on a publicly accessible 
website the reasons for granting each such waiver 
or suspension. 
‘‘(3) INFORMATION
PROTECTION.—Nothing in 
this subsection may be construed to require the release 
of information protected by law from public disclo-
sure. 
‘‘(4) RULEMAKING.— 
‘‘(A) IN GENERAL.—Not later than 1 year 
after the first day on which a waiver under this 
subsection or a suspension under subpart E of 
part 211 of title 49, Code of Federal Regulations, 
or successor regulations, has been in continuous
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† HR 3684 EAS 
effect for a 6-year period, the Secretary shall 
complete a review and analysis of such waiver or 
suspension to determine whether issuing a rule 
that is consistent with the waiver is— 
‘‘(i) in the public interest; and 
‘‘(ii) consistent with railroad safety. 
‘‘(B) FACTORS.—In conducting the review 
and analysis under subparagraph (A), the Sec-
retary shall consider— 
‘‘(i) the relevant safety record under 
the waiver or suspension; 
‘‘(ii) the likelihood that other entities 
would have similar safety outcomes; 
‘‘(iii) the materials submitted in the 
applications, including any comments re-
garding such materials; and 
‘‘(iv) related rulemaking activity. 
‘‘(C) NOTICE AND COMMENT.— 
‘‘(i) IN GENERAL.—The Secretary shall 
publish the review and analysis required 
under this paragraph in the Federal Reg-
ister, which shall include a summary of the 
data collected and all relevant underlying 
data, if the Secretary decides not to initiate
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† HR 3684 EAS 
a regulatory update under subparagraph 
(D). 
‘‘(ii) NOTICE
OF
PROPOSED
RULE-
MAKING.—The review and analysis under 
this paragraph shall be included as part of 
the notice of proposed rulemaking if the 
Secretary initiates a regulatory update 
under subparagraph (D). 
‘‘(D) REGULATORY UPDATE.—The Secretary 
may initiate a rulemaking to incorporate rel-
evant aspects of a waiver under this subsection 
or a suspension under subpart E of part 211 of 
title 49, Code of Federal Regulations, or suc-
cessor regulations, into the relevant regulation, to 
the extent the Secretary considers appropriate. 
‘‘(5) RULE OF CONSTRUCTION.—Nothing in this 
subsection may be construed to delay any waiver 
granted pursuant to this subsection that is in the 
public interest and consistent with railroad safety.’’. 
SEC. 22412. RESEARCH AND DEVELOPMENT. 
Section 20108 of title 49, United States Code, is 
amended by adding at the end the following: 
‘‘(d) FACILITIES.—The Secretary may erect, alter, and 
repair buildings and make other public improvements to 
carry out necessary railroad research, safety, and training
826 
† HR 3684 EAS 
activities at the Transportation Technology Center in Pueb-
lo, Colorado. 
‘‘(e) OFFSETTING COLLECTIONS.—The Secretary may 
collect fees or rents from facility users to offset appropriated 
amounts for the cost of providing facilities or research, de-
velopment, testing, training, or other services, including 
long-term sustainment of the on-site physical plant. 
‘‘(f) REVOLVING FUND.—Amounts appropriated to 
carry out subsection (d) and all fees and rents collected pur-
suant to subsection (e) shall be credited to a revolving fund 
and remain available until expended. The Secretary may 
use such fees and rents for operation, maintenance, repair, 
or improvement of the Transportation Technology Center. 
‘‘(g) LEASES AND CONTRACTS.—Notwithstanding sec-
tion 1302 of title 40, the Secretary may lease to others or 
enter into contracts for terms of up to 20 years, for such 
consideration and subject to such terms and conditions as 
the Secretary determines to be in the best interests of the 
Government of the United States, for the operation, mainte-
nance, repair, and improvement of the Transportation 
Technology Center. 
‘‘(h) PROPERTY AND CASUALTY LOSS INSURANCE.— 
The Secretary may allow its lessees and contractors to pur-
chase property and casualty loss insurance for its assets 
and activities at the Transportation Technology Center to
827 
† HR 3684 EAS 
mitigate the lessee’s or contractor’s risk associated with op-
erating a facility. 
‘‘(i) ENERGY
PROJECTS.—Notwithstanding section 
1341 of title 31, the Secretary may enter into contracts or 
agreements, or commit to obligations in connection with 
third-party contracts or agreements, including contingent 
liability for the purchase of electric power in connection 
with such contracts or agreements, for terms not to exceed 
20 years, to enable the use of the land at the Transportation 
Technology Center for projects to produce energy from re-
newable sources.’’. 
SEC. 22413. RAIL RESEARCH AND DEVELOPMENT CENTER 
OF EXCELLENCE. 
Section 20108 of title 49, United States Code, as 
amended by section 22412, is further amended by adding 
at the end the following: 
‘‘(j) RAIL RESEARCH AND DEVELOPMENT CENTER OF 
EXCELLENCE.— 
‘‘(1) CENTER OF EXCELLENCE.—The Secretary 
shall award grants to establish and maintain a center 
of excellence to advance research and development that 
improves the safety, efficiency, and reliability of pas-
senger and freight rail transportation. 
‘‘(2) ELIGIBILITY.—An institution of higher edu-
cation (as defined in section 101 of the Higher Edu-
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† HR 3684 EAS 
cation Act of 1965 (20 U.S.C. 1001)) or a consortium 
of nonprofit institutions of higher education shall be 
eligible to receive a grant from the center established 
pursuant to paragraph (1). 
‘‘(3) SELECTION
CRITERIA.—In awarding a 
grant under this subsection, the Secretary shall— 
‘‘(A) give preference to applicants with 
strong past performance related to rail research, 
education, and workforce development activities; 
‘‘(B) consider the extent to which the appli-
cant would involve public and private sector 
passenger and freight railroad operators; and 
‘‘(C) consider the regional and national im-
pacts of the applicant’s proposal. 
‘‘(4) USE
OF
FUNDS.—Grant funds awarded 
pursuant to this subsection shall be used for basic and 
applied research, evaluation, education, workforce de-
velopment, and training efforts related to safety, 
project delivery, efficiency, reliability, resiliency, and 
sustainability of urban commuter, intercity high- 
speed, and freight rail transportation, to include ad-
vances in rolling stock, advanced positive train con-
trol, human factors, rail infrastructure, shared cor-
ridors, grade crossing safety, inspection technology, 
remote sensing, rail systems maintenance, network re-
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† HR 3684 EAS 
siliency, operational reliability, energy efficiency, and 
other advanced technologies. 
‘‘(5) FEDERAL SHARE.—The Federal share of a 
grant awarded under this subsection shall be 50 per-
cent of the cost of establishing and operating the cen-
ter of excellence and related research activities carried 
out by the grant recipient.’’. 
SEC. 22414. QUARTERLY REPORT ON POSITIVE TRAIN CON-
TROL SYSTEM PERFORMANCE. 
Section 20157 of title 49, United States Code, is 
amended by adding at the end the following: 
‘‘(m) REPORTS ON POSITIVE TRAIN CONTROL SYSTEM 
PERFORMANCE.— 
‘‘(1) IN GENERAL.—Each host railroad subject to 
this section or subpart I of part 236 of title 49, Code 
of Federal Regulations, shall electronically submit to 
the Secretary of Transportation a Report of PTC Sys-
tem Performance on Form FRA F 6180.152, which 
shall be submitted on or before the applicable due date 
set forth in paragraph (3) and contain the informa-
tion described in paragraph (2), which shall be sepa-
rated by the host railroad, each applicable tenant 
railroad, and each positive train control-governed 
track segment, consistent with the railroad’s positive
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† HR 3684 EAS 
train control Implementation Plan described in sub-
section (a)(1). 
‘‘(2) REQUIRED
INFORMATION.—Each report 
submitted pursuant to paragraph (1) shall include, 
for the applicable reporting period— 
‘‘(A) the number of positive train control 
system initialization failures, disaggregated by 
the number of initialization failures for which 
the source or cause was the onboard subsystem, 
the wayside subsystem, the communications sub-
system, the back office subsystem, or a non-posi-
tive train control component; 
‘‘(B) the number of positive train control 
system cut outs, disaggregated by each compo-
nent listed in subparagraph (A) that was the 
source or cause of such cut outs; 
‘‘(C) the number of positive train control 
system malfunctions, disaggregated by each com-
ponent listed in subparagraph (A) that was the 
source or cause of such malfunctions; 
‘‘(D) the number of enforcements by the 
positive train control system; 
‘‘(E) the number of enforcements by the 
positive train control system in which it is rea-
831 
† HR 3684 EAS 
sonable to assume an accident or incident was 
prevented; 
‘‘(F) the number of scheduled attempts at 
initialization of the positive train control sys-
tem; 
‘‘(G) the number of train miles governed by 
the positive train control system; and 
‘‘(H) a summary of any actions the host 
railroad and its tenant railroads are taking to 
reduce the frequency and rate of initialization 
failures, cut outs, and malfunctions, such as any 
actions to correct or eliminate systemic issues 
and specific problems. 
‘‘(3) DUE DATES.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), each host railroad shall elec-
tronically submit the report required under 
paragraph (1) not later than— 
‘‘(i) April 30, for the period from Jan-
uary 1 through March 31; 
‘‘(ii) July 31, for the period from April 
1 through June 30; 
‘‘(iii) October 31, for the period from 
July 1 through September 30; and
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† HR 3684 EAS 
‘‘(iv) January 31, for the period from 
October 1 through December 31 of the prior 
calendar year. 
‘‘(B) FREQUENCY
REDUCTION.—Beginning 
on the date that is 3 years after the date of en-
actment of the Passenger Rail Expansion and 
Rail Safety Act of 2021, the Secretary shall re-
duce the frequency with which host railroads are 
required to submit the report described in para-
graph (1) to not less frequently than twice per 
year, unless the Secretary— 
‘‘(i) determines that quarterly report-
ing is in the public interest; and 
‘‘(ii) publishes a justification for such 
determination in the Federal Register. 
‘‘(4) TENANT RAILROADS.—Each tenant railroad 
that operates on a host railroad’s positive train con-
trol-governed main line and is not currently subject 
to an exception under section 236.1006(b) of title 49, 
Code of Federal Regulations, shall submit the infor-
mation described in paragraph (2) to each applicable 
host railroad on a continuous basis. 
‘‘(5) ENFORCEMENTS.—Any railroad operating 
a positive train control system classified under Fed-
eral Railroad Administration Type Approval number
833 
† HR 3684 EAS 
FRA–TA–2010–001 
or 
FRA–TA–2013–003 
shall 
begin submitting the metric required under para-
graph (2)(D) not later than January 31, 2023.’’. 
SEC. 22415. SPEED LIMIT ACTION PLANS. 
(a) CODIFICATION OF, AND AMENDMENT TO, SECTION 
11406 OF THE FAST ACT.—Subchapter II of chapter 201 
of subtitle V of title 49, United States Code, is amended 
by inserting after section 20168 the following: 
‘‘§ 20169. Speed limit action plans 
‘‘(a) IN GENERAL.—Not later than March 3, 2016, 
each railroad carrier providing intercity rail passenger 
transportation or commuter rail passenger transportation, 
in consultation with any applicable host railroad carrier, 
shall survey its entire system and identify each main track 
location where there is a reduction of more than 20 miles 
per hour from the approach speed to a curve, bridge, or 
tunnel and the maximum authorized operating speed for 
passenger trains at that curve, bridge, or tunnel. 
‘‘(b) ACTION PLANS.—Not later than 120 days after 
the date that the survey under subsection (a) is complete, 
a railroad carrier described in subsection (a) shall submit 
to the Secretary of Transportation an action plan that— 
‘‘(1) identifies each main track location where 
there is a reduction of more than 20 miles per hour 
from the approach speed to a curve, bridge, or tunnel
834 
† HR 3684 EAS 
and the maximum authorized operating speed for 
passenger trains at that curve, bridge, or tunnel; 
‘‘(2) describes appropriate actions to enable 
warning and enforcement of the maximum authorized 
speed for passenger trains at each location identified 
under paragraph (1), including— 
‘‘(A) modification to automatic train con-
trol systems, if applicable, or other signal sys-
tems; 
‘‘(B) increased crew size; 
‘‘(C) installation of signage alerting train 
crews of the maximum authorized speed for pas-
senger trains in each location identified under 
paragraph (1); 
‘‘(D) installation of alerters; 
‘‘(E) increased crew communication; and 
‘‘(F) other practices; 
‘‘(3) contains milestones and target dates for im-
plementing each appropriate action described under 
paragraph (2); and 
‘‘(4) ensures compliance with the maximum au-
thorized speed at each location identified under para-
graph (1). 
‘‘(c) APPROVAL.—Not later than 90 days after the date 
on which an action plan is submitted under subsection (b)
835 
† HR 3684 EAS 
or (d)(2), the Secretary shall approve, approve with condi-
tions, or disapprove the action plan. 
‘‘(d) PERIODIC REVIEWS AND UPDATES.—Each rail-
road carrier that submits an action plan to the Secretary 
pursuant to subsection (b) shall— 
‘‘(1) not later than 1 year after the date of enact-
ment of the Passenger Rail Expansion and Rail Safe-
ty Act of 2021, and annually thereafter, review such 
plan to ensure the effectiveness of actions taken to en-
able warning and enforcement of the maximum au-
thorized speed for passenger trains at each location 
identified pursuant to subsection (b)(1); and 
‘‘(2) not later than 90 days before implementing 
any significant operational or territorial operating 
change, including initiating a new service or route, 
submit to the Secretary a revised action plan, after 
consultation with any applicable host railroad, that 
addresses such operational or territorial operating 
change. 
‘‘(e) NEW SERVICE.—If a railroad carrier providing 
intercity rail passenger transportation or commuter rail 
passenger transportation did not exist on the date of enact-
ment of the FAST Act (Public Law 114–94; 129 Stat. 
1312), such railroad carrier, in consultation with any ap-
plicable host railroad carrier, shall—
836 
† HR 3684 EAS 
‘‘(1) survey its routes pursuant to subsection (a) 
not later than 90 days after the date of enactment of 
the Passenger Rail Expansion and Rail Safety Act of 
2021; and 
‘‘(2) develop an action plan pursuant to sub-
section (b) not later than 120 days after the date on 
which such survey is complete. 
‘‘(f) ALTERNATIVE SAFETY MEASURES.—The Sec-
retary may exempt from the requirements under this section 
each segment of track for which operations are governed by 
a positive train control system certified under section 
20157, or any other safety technology or practice that would 
achieve an equivalent or greater level of safety in reducing 
derailment risk. 
‘‘(g) PROHIBITION.—No new intercity or commuter 
rail passenger service may begin operation unless the rail-
road carrier providing such service is in compliance with 
the requirements under this section. 
‘‘(h) SAVINGS CLAUSE.—Nothing in this section may 
be construed to prohibit the Secretary from applying the 
requirements under this section to other segments of track 
at high risk of overspeed derailment.’’. 
(b) CLERICAL AMENDMENT.—The analysis for chapter 
201 of subtitle V of title 49, United States Code, is amended 
by adding at the end the following: 
‘‘20169. Speed limit action plans.’’.
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† HR 3684 EAS 
SEC. 22416. NEW PASSENGER SERVICE PRE-REVENUE SAFE-
TY VALIDATION PLAN. 
(a) IN GENERAL.—Subchapter II of chapter 201 of 
subtitle V of title 49, United States Code, as amended by 
section 22415, is further amended by adding at the end the 
following: 
‘‘§ 20170. Pre-revenue service safety validation plan 
‘‘(a) PLAN SUBMISSION.—Any railroad providing 
new, regularly scheduled, intercity or commuter rail pas-
senger transportation, an extension of existing service, or 
a renewal of service that has been discontinued for more 
than 180 days shall develop and submit for review a com-
prehensive pre-revenue service safety validation plan to the 
Secretary of Transportation not later than 60 days before 
initiating such revenue service. Such plan shall include per-
tinent safety milestones and a minimum period of simu-
lated revenue service to ensure operational readiness and 
that all safety sensitive personnel are properly trained and 
qualified. 
‘‘(b) COMPLIANCE.—After submitting a plan pursuant 
to subsection (a), the railroad shall adopt and comply with 
such plan and may not amend the plan without first noti-
fying the Secretary of the proposed amendment. Revenue 
service may not begin until the railroad has completed the 
requirements of its plan, including the minimum simulated 
service period required by the plan.
838 
† HR 3684 EAS 
‘‘(c) RULEMAKING.—The Secretary shall promulgate 
regulations to carry out this section, including— 
‘‘(1) requiring that any identified safety defi-
ciencies be addressed and corrected before the initi-
ation of revenue service; and 
‘‘(2) establishing appropriate deadlines to enable 
the Secretary to review and approve the pre-revenue 
service safety validation plan to ensure that service is 
not unduly delayed.’’. 
(b) CLERICAL AMENDMENT.—The analysis for chapter 
201 of title 49, United States Code, as amended by section 
22415(b), is further amended by adding at the end the fol-
lowing: 
‘‘20170. Pre-revenue service safety validation plan.’’. 
SEC. 22417. FEDERAL RAILROAD ADMINISTRATION ACCI-
DENT AND INCIDENT INVESTIGATIONS. 
Section 20902 of title 49, United States Code, is 
amended— 
(1) in subsection (b) by striking ‘‘subpena’’ and 
inserting ‘‘subpoena’’; and 
(2) by adding at the end the following: 
‘‘(d) GATHERING INFORMATION AND TECHNICAL EX-
PERTISE.— 
‘‘(1) IN GENERAL.—The Secretary shall create a 
standard process for investigators to use during acci-
dent and incident investigations conducted under this
839 
† HR 3684 EAS 
section for determining when it is appropriate and 
the appropriate method for— 
‘‘(A) gathering information about an acci-
dent or incident under investigation from rail-
road carriers, contractors or employees of rail-
road carriers or representatives of employees of 
railroad carriers, and others, as determined rel-
evant by the Secretary; and 
‘‘(B) consulting with railroad carriers, con-
tractors or employees of railroad carriers or rep-
resentatives of employees of railroad carriers, 
and others, as determined relevant by the Sec-
retary, for technical expertise on the facts of the 
accident or incident under investigation. 
‘‘(2) CONFIDENTIALITY.—In developing the proc-
ess required under paragraph (1), the Secretary shall 
factor in ways to maintain the confidentiality of any 
entity identified under paragraph (1) if— 
‘‘(A) such entity requests confidentiality; 
‘‘(B) such entity was not involved in the ac-
cident or incident; and 
‘‘(C) maintaining such entity’s confiden-
tiality does not adversely affect an investigation 
of the Federal Railroad Administration.
840 
† HR 3684 EAS 
‘‘(3) APPLICABILITY.—This subsection shall not 
apply to any investigation carried out by the Na-
tional Transportation Safety Board.’’. 
SEC. 22418. CIVIL PENALTY ENFORCEMENT AUTHORITY. 
Section 21301(a) of title 49, United States Code, is 
amended by striking paragraph (3) and inserting the fol-
lowing: 
‘‘(3) The Secretary may find that a person has violated 
this chapter or a regulation prescribed or order, special per-
mit, or approval issued under this chapter only after notice 
and an opportunity for a hearing. The Secretary shall im-
pose a penalty under this section by giving the person writ-
ten notice of the amount of the penalty. The Secretary may 
compromise the amount of a civil penalty by settlement 
agreement without issuance of an order. In determining the 
amount of a compromise, the Secretary shall consider— 
‘‘(A) the nature, circumstances, extent, and grav-
ity of the violation; 
‘‘(B) with respect to the violator, the degree of 
culpability, any history of violations, the ability to 
pay, and any effect on the ability to continue to do 
business; and 
‘‘(C) other matters that justice requires. 
‘‘(4) The Attorney General may bring a civil action 
in an appropriate district court of the United States to col-
841 
† HR 3684 EAS 
lect a civil penalty imposed or compromise under this sec-
tion and any accrued interest on the civil penalty. In the 
civil action, the amount and appropriateness of the civil 
penalty shall not be subject to review.’’. 
SEC. 22419. ADVANCING SAFETY AND INNOVATIVE TECH-
NOLOGY. 
(a) IN GENERAL.—Section 26103 of title 49, United 
States Code, is amended to read as follows: 
‘‘§ 26103. Safety regulations and evaluation 
‘‘The Secretary— 
‘‘(1) shall promulgate such safety regulations as 
may be necessary for high-speed rail services; 
‘‘(2) shall, before promulgating such regulations, 
consult with developers of new high-speed rail tech-
nologies to develop a method for evaluating safety per-
formance; and 
‘‘(3) may solicit feedback from relevant safety ex-
perts or representatives of rail employees who perform 
work on similar technology or who may be expected 
to perform work on new technology, as appropriate.’’. 
(b) CLERICAL AMENDMENT.—The analysis for chapter 
261 of title 49, United States Code, is amended by striking 
the item relating to section 26103 and inserting the fol-
lowing: 
‘‘26103. Safety regulations and evaluation.’’.
842 
† HR 3684 EAS 
SEC. 22420. PASSENGER RAIL VEHICLE OCCUPANT PROTEC-
TION SYSTEMS. 
(a) STUDY.—The Administrator of the Federal Rail-
road Administration shall conduct a study of the potential 
installation and use in new passenger rail rolling stock of 
passenger rail vehicle occupant protection systems that 
could materially improve passenger safety. 
(b) CONSIDERATIONS.—In conducting the study under 
subsection (a), the Administrator shall consider minimizing 
the risk of secondary collisions, including estimating the 
costs and benefits of the new requirements, through the use 
of— 
(1) occupant restraint systems; 
(2) air bags; 
(3) emergency window retention systems; and 
(4) interior designs, including seats, baggage re-
straints, and table configurations and attachments. 
(c) REPORT.—Not later than 2 years after the date of 
enactment of this Act, the Administrator shall— 
(1) submit a report summarizing the findings of 
the study conducted pursuant to subsection (a) to the 
Committee on Commerce, Science, and Transpor-
tation of the Senate and the Committee on Transpor-
tation and Infrastructure of the House of Representa-
tives; and
843 
† HR 3684 EAS 
(2) publish such report on the website of the Fed-
eral Railroad Administration. 
(d) RULEMAKING.—Following the completion of the 
study required under subsection (a), and after considering 
the costs and benefits of the proposed protection systems, 
the Administrator may promulgate a rule that establishes 
standards for the use of occupant protection systems in new 
passenger rail rolling stock. 
SEC. 22421. FEDERAL RAILROAD ADMINISTRATION REPORT-
ING REQUIREMENTS. 
(a) ELIMINATION OF DUPLICATIVE OR UNNECESSARY 
REPORTING OR PAPERWORK REQUIREMENTS IN THE FED-
ERAL RAILROAD ADMINISTRATION.— 
(1) REVIEW.—The Administrator of the Federal 
Railroad Administration (referred to in this sub-
section as the ‘‘FRA Administrator’’), in consultation 
with the Administrator of the Federal Transit Ad-
ministration, shall conduct a review of existing re-
porting and paperwork requirements in the Federal 
Railroad Administration to determine if any such re-
quirements are duplicative or unnecessary. 
(2) ELIMINATION OF CERTAIN REQUIREMENTS.— 
If the FRA Administrator determines, as a result of 
the review conducted pursuant to paragraph (1), that 
any reporting or paperwork requirement that is not
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statutorily required is duplicative or unnecessary, the 
FRA Administrator, after consultation with the Ad-
ministrator of the Federal Transit Administration, 
shall terminate such requirement. 
(3) REPORT.—Not later than 1 year after the 
date of enactment of this Act, the FRA Administrator 
shall submit a report to the Committee on Commerce, 
Science, and Transportation of the Senate and the 
Committee on Transportation and Infrastructure of 
the House of Representatives that— 
(A) identifies all of the reporting or paper-
work requirements that were terminated pursu-
ant to paragraph (2); and 
(B) identifies any statutory reporting or 
paperwork requirements that are duplicative or 
unnecessary and should be repealed. 
(b) SAFETY REPORTING.—Not later than 1 year after 
the date of enactment of this Act, and annually thereafter 
for the following 4 years, the Secretary shall update Special 
Study Block 49 on Form FRA F 6180.54 (Rail Equipment 
Accident/Incident Report) to collect, with respect to trains 
involved in accidents required to be reported to the Federal 
Railroad Administration— 
(1) the number of cars and length of the involved 
trains; and
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(2) the number of crew members who were 
aboard a controlling locomotive involved in an acci-
dent at the time of such accident. 
SEC. 22422. NATIONAL ACADEMIES STUDY ON TRAINS 
LONGER THAN 7,500 FEET. 
(a) STUDY.—The Secretary shall seek to enter into an 
agreement with the National Academies to conduct a study 
on the operation of freight trains that are longer than 7,500 
feet. 
(b) ELEMENTS.—The study conducted pursuant to 
subsection (a) shall— 
(1) examine any potential impacts to safety from 
the operation of freight trains that are longer than 
7,500 feet and the mitigation of any identified risks, 
including— 
(A) any potential changes in the risk of loss 
of communications between the end of train de-
vice and the locomotive cab, including commu-
nications over differing terrains and conditions; 
(B) any potential changes in the risk of loss 
of radio communications between crew members 
when a crew member alights from the train, in-
cluding communications over differing terrains 
and conditions;
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(C) any potential changes in the risk of 
derailments, including any risks associated with 
in-train compressive forces and slack action or 
other safety risks in the operations of such trains 
in differing terrains and conditions; 
(D) any potential impacts associated with 
the deployment of multiple distributed power 
units in the consists of such trains; and 
(E) any potential impacts on braking and 
locomotive performance and track wear and tear; 
(2) evaluate any impacts on scheduling and effi-
ciency of passenger operations and in the shipping of 
goods by freight as a result of longer trains; 
(3) determine whether additional engineer and 
conductor training is required for safely operating 
such trains; 
(4) assess the potential impact on the amount of 
time and frequency of occurrence highway-rail grade 
crossings are occupied; and 
(5) identify any potential environmental im-
pacts, including greenhouse gas emissions, that have 
resulted from the operation of longer trains. 
(c) COMPARISON.—When evaluating the potential im-
pacts of the operation of trains longer than 7,500 feet under 
subsection (b), the impacts of such trains shall be compared
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to the impacts of trains that are shorter than 7,500 feet, 
after taking into account train frequency. 
(d) REPORT.—Not later than 2 years after the date 
of enactment of this Act, the Secretary shall submit a report 
to the Committee on Commerce, Science, and Transpor-
tation of the Senate and the Committee on Transportation 
and Infrastructure of the House of Representatives that con-
tains the results of the study conducted by the National 
Academies under this section. 
(e) FUNDING.—From the amounts appropriated for 
fiscal year 2021 pursuant to the authorization under sec-
tion 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 the study required under this sec-
tion. 
SEC. 22423. HIGH-SPEED TRAIN NOISE EMISSIONS. 
(a) IN GENERAL.—Section 17 of the Noise Control Act 
of 1972 (42 U.S.C. 4916) is amended— 
(1) by redesignating subsections (c) and (d) as 
subsections (d) and (e), respectively; and 
(2) by inserting after subsection (b) the fol-
lowing: 
‘‘(c) HIGH-SPEED TRAIN NOISE EMISSIONS.— 
‘‘(1) IN GENERAL.—The Secretary of Transpor-
tation, in consultation with the Administrator, may
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prescribe regulations governing railroad-related noise 
emission standards for trains operating on the gen-
eral railroad system of transportation at speeds ex-
ceeding 160 miles per hour, including noise related to 
magnetic levitation systems and other new tech-
nologies not traditionally associated with railroads. 
‘‘(2) FACTORS IN RULEMAKING.—The regulations 
prescribed pursuant to paragraph (1) may— 
‘‘(A) consider variances in maximum pass- 
by noise with respect to the speed of the equip-
ment; 
‘‘(B) account for current engineering best 
practices; and 
‘‘(C) encourage the use of noise mitigation 
techniques to the extent reasonable if the benefits 
exceed the costs. 
‘‘(3) CONVENTIONAL-SPEED
TRAINS.—Railroad- 
related noise regulations prescribed under subsection 
(a) shall continue to govern noise emissions from the 
operation of trains, including locomotives and rail 
cars, when operating at speeds not exceeding 160 
miles per hour.’’. 
(b) TECHNICAL AMENDMENT.—The second sentence of 
section 17(b) of the Noise Control Act of 1972 (42 U.S.C. 
4916(b)) is amended by striking ‘‘the Safety Appliance
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Acts, the Interstate Commerce Act, and the Department of 
Transportation Act’’ and inserting ‘‘subtitle V of title 49, 
United States Code’’. 
SEC. 22424. CRITICAL INCIDENT STRESS PLANS. 
The Secretary shall amend part 272 of title 49, Code 
of Federal Regulations, to the extent necessary to ensure 
that— 
(1) the coverage of a critical incident stress plan 
under section 272.7 of such part includes employees 
of commuter railroads and intercity passenger rail-
roads (as such terms are defined in section 272.9 of 
such part), including employees who directly interact 
with passengers; and 
(2) an assault against an employee requiring 
medical attention is included in the definition of crit-
ical incident under section 272.9 of such part. 
SEC. 22425. REQUIREMENTS FOR RAILROAD FREIGHT CARS 
PLACED 
INTO 
SERVICE 
IN 
THE 
UNITED 
STATES. 
(a) IN GENERAL.—Subchapter II of chapter 201 of 
subtitle V of title 49, United States Code (as amended by 
section 22416(a)), is amended by adding at the end the fol-
lowing:
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‘‘§ 20171. Requirements for railroad freight cars 
placed into service in the United States 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(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 in-
terest in an entity, representation on the board of di-
rectors of an entity, proxy voting on the board of di-
rectors of an entity, a special share in the entity, a 
contractual arrangement with the entity, a formal or 
informal arrangement to act in concert with an enti-
ty, or any other means, to determine, direct, make de-
cisions, or cause decisions to be made for the entity. 
‘‘(3) COST
OF
SENSITIVE
TECHNOLOGY.—The 
term ‘cost of sensitive technology’ means the aggregate 
cost of the sensitive technology located on a railroad 
freight car. 
‘‘(4) COUNTRY OF CONCERN.—The term ‘country 
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 en-
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actment of the Passenger Rail Expansion and 
Rail Safety Act of 2021; 
‘‘(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 included 
on the priority watch list (as defined in sub-
section (g)(3) of such 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). 
‘‘(5) NET
COST.—The term ‘net cost’ has the 
meaning given such 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 ‘qualified 
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—
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‘‘(A) a box car; 
‘‘(B) a refrigerator car; 
‘‘(C) a ventilator car; 
‘‘(D) an intermodal well car; 
‘‘(E) a gondola car; 
‘‘(F) a hopper car; 
‘‘(G) an auto rack car; 
‘‘(H) a flat car; 
‘‘(I) a special car; 
‘‘(J) a caboose car; 
‘‘(K) a tank car; and 
‘‘(L) a 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, including— 
‘‘(A) onboard telematics; 
‘‘(B) remote monitoring software; 
‘‘(C) firmware; 
‘‘(D) analytics; 
‘‘(E) global positioning system satellite and 
cellular location tracking systems; 
‘‘(F) event status sensors;
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‘‘(G) predictive component condition and 
performance monitoring sensors; and 
‘‘(H) similar sensitive technologies embed-
ded into freight railcar components and sub-as-
semblies. 
‘‘(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 agen-
cy of such government; or 
‘‘(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 applicable 
change in tariff classification as a result of the manu-
facturing process, as described in chapter 4 and re-
lated annexes of the USMCA or any subsequent 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
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States-Mexico-Canada Agreement Implementation Act 
(19 U.S.C. 4502). 
‘‘(b) 
REQUIREMENTS
FOR
RAILROAD
FREIGHT 
CARS.— 
‘‘(1) LIMITATION ON RAILROAD FREIGHT CARS.— 
A railroad freight car wholly manufactured on or 
after the date that is 1 year after the date of issuance 
of the regulations required under subsection (c)(1) 
may only operate on the United States general rail-
road system of transportation if— 
‘‘(A) the railroad freight car is manufac-
tured, assembled, and substantially transformed, 
as applicable, by a qualified manufacturer in a 
qualified facility; 
‘‘(B) none of the sensitive technology located 
on the railroad freight car, including components 
necessary to the functionality of the sensitive 
technology, originates from a country of concern 
or is sourced from a state-owned enterprise; and 
‘‘(C) none of the content of the railroad 
freight car, excluding sensitive technology, origi-
nates from a country of concern or is sourced 
from a state-owned enterprise that has been de-
termined by a recognized court or administrative 
agency of competent jurisdiction and legal au-
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† HR 3684 EAS 
thority to have violated or infringed valid 
United States intellectual property rights of an-
other including such a finding by a Federal dis-
trict court under title 35 or the U.S. Inter-
national Trade Commission under section 337 of 
the Tariff Act of 1930 (19 U.S.C. 1337). 
‘‘(2) LIMITATION
ON
RAILROAD
FREIGHT
CAR 
CONTENT.— 
‘‘(A) PERCENTAGE LIMITATION.— 
‘‘(i) INITIAL
LIMITATION.—Not later 
than 1 year after the date of issuance of the 
regulations required under subsection (c)(1), 
a railroad freight car described in para-
graph (1) may operate on the United States 
general railroad system of transportation 
only if not more than 20 percent of the con-
tent of the railroad freight car, calculated 
by the net cost of all components of the car 
and excluding the cost of sensitive tech-
nology, originates from a country of concern 
or is sourced from a state-owned enterprise. 
‘‘(ii) SUBSEQUENT
LIMITATION.—Ef-
fective beginning on the date that is 3 years 
after the date of issuance of the regulations 
required under subsection (c)(1), a railroad
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freight car described in paragraph (1) may 
operate on the United States general rail-
road system of transportation only if not 
more than 15 percent of the content of the 
railroad freight car, calculated by the net 
cost of all components of the car and exclud-
ing the cost of sensitive technology, origi-
nates from a country of concern or is 
sourced from a state-owned enterprise. 
‘‘(B) CONFLICT.—The percentages specified 
in clauses (i) and (ii) of subparagraph (A), as 
applicable, shall apply notwithstanding any ap-
parent conflict with provisions of chapter 4 of 
the USMCA. 
‘‘(c) REGULATIONS AND PENALTIES.— 
‘‘(1) REGULATIONS REQUIRED.—Not later than 2 
years after the date of enactment of the Passenger 
Rail Expansion and Rail Safety Act of 2021, the Sec-
retary of Transportation shall issue such regulations 
as are necessary to carry out this section, including 
for the monitoring and sensitive technology require-
ments of this section. 
‘‘(2) CERTIFICATION REQUIRED.—To be eligible 
to provide a railroad freight car for operation on the 
United States general railroad system of transpor-
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† HR 3684 EAS 
tation, the manufacturer of such car shall annually 
certify to the Secretary of Transportation that any 
railroad freight cars to be so provided meet the re-
quirements under this section. 
‘‘(3) COMPLIANCE.— 
‘‘(A) VALID CERTIFICATION REQUIRED.—At 
the time a railroad freight car begins operation 
on the United States general railroad system of 
transportation, the manufacturer of such rail-
road freight car shall have valid certification de-
scribed in paragraph (2) for the year in which 
such car begins operation. 
‘‘(B) REGISTRATION
OF
NONCOMPLIANT 
CARS PROHIBITED.—A railroad freight car man-
ufacturer may not register, or cause to be reg-
istered, a railroad freight car that does not com-
ply with the requirements under this section in 
the Association of American Railroad’s Umler 
system. 
‘‘(4) CIVIL PENALTIES.— 
‘‘(A) IN
GENERAL.—Pursuant to section 
21301, the Secretary of Transportation may as-
sess a civil penalty of not less than $100,000, but 
not more than $250,000, for each violation of 
this section for each railroad freight car.
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‘‘(B) PROHIBITION ON OPERATION FOR VIO-
LATIONS.—The Secretary of Transportation may 
prohibit a railroad freight car manufacturer 
with respect to which the Secretary has assessed 
more than 3 violations under subparagraph (A) 
from providing additional railroad freight cars 
for operation on the United States general rail-
road system of transportation until the Secretary 
determines— 
‘‘(i) such manufacturer is in compli-
ance with this section; and 
‘‘(ii) all civil penalties assessed to such 
manufacturer pursuant to subparagraph 
(A) have been paid in full.’’. 
(b) CLERICAL AMENDMENT.—The analysis for chapter 
201 of subtitle V of title 49, United States Code (as amended 
by section 22416(b)), is amended by adding at the end the 
following: 
‘‘20171. Requirements for railroad freight cars placed into service in the United 
States.’’. 
SEC. 22426. RAILROAD POINT OF CONTACT FOR PUBLIC 
SAFETY ISSUES. 
All railroads shall— 
(1) provide railroad contact information for 
public safety issues, including a telephone number, to
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† HR 3684 EAS 
the relevant Federal, State, and local oversight agen-
cies; and 
(2) post the information described in paragraph 
(1) on a publicly accessible website. 
SEC. 22427. CONTROLLED SUBSTANCES TESTING FOR ME-
CHANICAL EMPLOYEES. 
Not later than 180 days after the date of enactment 
of this Act, the Secretary shall amend the regulations under 
part 219 of title 49, Code of Federal Regulations, to require 
all mechanical employees of railroads to be subject to all 
of the breath or body fluid testing set forth in subpart C, 
D, and E of such part, including random testing, reason-
able suspicion testing, reasonable cause testing, pre-employ-
ment testing, return-to-duty testing, and follow-up testing. 
TITLE III—MOTOR CARRIER 
SAFETY 
SEC. 23001. AUTHORIZATION OF APPROPRIATIONS. 
(a) ADMINISTRATIVE EXPENSES.—Section 31110 of 
title 49, United States Code, is amended by striking sub-
section (a) and inserting the following: 
‘‘(a) ADMINISTRATIVE EXPENSES.—There are author-
ized to be appropriated from the Highway Trust Fund 
(other than the Mass Transit Account) for the Secretary of 
Transportation to pay administrative expenses of the Fed-
eral Motor Carrier Safety Administration—
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‘‘(1) $360,000,000 for fiscal year 2022; 
‘‘(2) $367,500,000 for fiscal year 2023; 
‘‘(3) $375,000,000 for fiscal year 2024; 
‘‘(4) $382,500,000 for fiscal year 2025; and 
‘‘(5) $390,000,000 for fiscal year 2026.’’. 
(b) FINANCIAL
ASSISTANCE
PROGRAMS.—Section 
31104 of title 49, United States Code, is amended— 
(1) by striking subsection (a) and inserting the 
following: 
‘‘(a) FINANCIAL ASSISTANCE PROGRAMS.—There are 
authorized to be appropriated from the Highway Trust 
Fund (other than the Mass Transit Account)— 
‘‘(1) subject to subsection (c), to carry out the 
motor carrier safety assistance program under section 
31102 (other than the high priority program under 
subsection (l) of that section)— 
‘‘(A) $390,500,000 for fiscal year 2022; 
‘‘(B) $398,500,000 for fiscal year 2023; 
‘‘(C) $406,500,000 for fiscal year 2024; 
‘‘(D) $414,500,000 for fiscal year 2025; and 
‘‘(E) $422,500,000 for fiscal year 2026; 
‘‘(2) subject to subsection (c), to carry out the 
high priority program under section 31102(l) (other 
than the commercial motor vehicle enforcement train-
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† HR 3684 EAS 
ing and support grant program under paragraph (5) 
of that section)— 
‘‘(A) $57,600,000 for fiscal year 2022; 
‘‘(B) $58,800,000 for fiscal year 2023; 
‘‘(C) $60,000,000 for fiscal year 2024; 
‘‘(D) $61,200,000 for fiscal year 2025; and 
‘‘(E) $62,400,000 for fiscal year 2026; 
‘‘(3) to carry out the commercial motor vehicle 
enforcement training and support grant program 
under section 31102(l)(5), $5,000,000 for each of fis-
cal years 2022 through 2026; 
‘‘(4) to carry out the commercial motor vehicle 
operators grant program under section 31103— 
‘‘(A) $1,100,000 for fiscal year 2022; 
‘‘(B) $1,200,000 for fiscal year 2023; 
‘‘(C) $1,300,000 for fiscal year 2024; 
‘‘(D) $1,400,000 for fiscal year 2025; and 
‘‘(E) $1,500,000 for fiscal year 2026; and 
‘‘(5) subject to subsection (c), to carry out the fi-
nancial assistance program for commercial driver’s 
license implementation under section 31313— 
‘‘(A) $41,800,000 for fiscal year 2022; 
‘‘(B) $42,650,000 for fiscal year 2023; 
‘‘(C) $43,500,000 for fiscal year 2024; 
‘‘(D) $44,350,000 for fiscal year 2025; and
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‘‘(E) $45,200,000 for fiscal year 2026.’’; 
(2) in subsection (b)(2)— 
(A) in the third sentence, by striking ‘‘The 
Secretary’’ and inserting the following: 
‘‘(C) IN-KIND
CONTRIBUTIONS.—The Sec-
retary’’; 
(B) in the second sentence, by striking ‘‘The 
Secretary’’ and inserting the following: 
‘‘(B) LIMITATION.—The Secretary’’; 
(C) in the first sentence— 
(i) by inserting ‘‘(except subsection 
(l)(5) of that section)’’ after ‘‘section 
31102’’; and 
(ii) by striking ‘‘The Secretary’’ and 
inserting the following: 
‘‘(A) REIMBURSEMENT PERCENTAGE.— 
‘‘(i) IN
GENERAL.—The Secretary’’; 
and 
(D) in subparagraph (A) (as so designated), 
by adding at the end the following: 
‘‘(ii) COMMERCIAL
MOTOR
VEHICLE 
ENFORCEMENT
TRAINING
AND
SUPPORT 
GRANT PROGRAM.—The Secretary shall re-
imburse a recipient, in accordance with a 
financial assistance agreement made under
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† HR 3684 EAS 
section 31102(l)(5), an amount that is equal 
to 100 percent of the costs incurred by the 
recipient in a fiscal year in developing and 
implementing a training program under 
that section.’’; 
(3) in subsection (c)— 
(A) in the subsection heading, by striking 
‘‘PARTNER TRAINING AND’’; 
(B) in the first sentence— 
(i) by striking ‘‘(4)’’ and inserting 
‘‘(5)’’; and 
(ii) by striking ‘‘partner training 
and’’; and 
(C) by striking the second sentence; and 
(4) in subsection (f)— 
(A) in paragraph (1), by striking ‘‘for the 
next fiscal year’’ and inserting ‘‘for the next 2 
fiscal years’’; 
(B) in paragraph (4), by striking ‘‘for the 
next fiscal year’’ and inserting ‘‘for the next 2 
fiscal years’’; 
(C) by redesignating paragraphs (4) and 
(5) as paragraphs (5) and (6), respectively; and 
(D) by inserting after paragraph (3) the fol-
lowing:
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† HR 3684 EAS 
‘‘(4) For grants made for carrying out section 
31102(l)(5), for the fiscal year in which the Secretary 
approves the financial assistance agreement and for 
the next 4 fiscal years.’’; and 
(5) in subsection (i)— 
(A) by striking ‘‘Amounts not expended’’ 
and inserting the following: 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), amounts not expended’’; and 
(B) by adding at the end the following: 
‘‘(2) MOTOR CARRIER SAFETY ASSISTANCE PRO-
GRAM.—Amounts made available for the motor car-
rier safety assistance program established under sec-
tion 31102 (other than amounts made available to 
carry out section 31102(l)) that are not expended by 
a recipient during the period of availability shall be 
released back to the Secretary for reallocation under 
that program.’’. 
(c) 
ENFORCEMENT
DATA
UPDATES.—Section 
31102(h)(2)(A) of title 49, United States Code, is amended 
by striking ‘‘2004 and 2005’’ and inserting ‘‘2014 and 
2015’’.
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† HR 3684 EAS 
SEC. 23002. MOTOR CARRIER SAFETY ADVISORY COM-
MITTEE. 
Section 4144 of the SAFETEA–LU (49 U.S.C. 31100 
note; Public Law 109–59) is amended— 
(1) in subsection (b)(1), in the second sentence, 
by inserting ‘‘, including small business motor car-
riers’’ after ‘‘industry’’; and 
(2) in subsection (d), by striking ‘‘September 30, 
2013’’ and inserting ‘‘September 30, 2025’’. 
SEC. 23003. COMBATING HUMAN TRAFFICKING. 
Section 31102(l) of title 49, United States Code, is 
amended— 
(1) in paragraph (2)— 
(A) in subparagraph (G)(ii), by striking 
‘‘and’’ at the end; 
(B) by redesignating subparagraph (H) as 
subparagraph (J); and 
(C) by inserting after subparagraph (G) the 
following: 
‘‘(H) support, through the use of funds oth-
erwise available for such purposes— 
‘‘(i) the recognition, prevention, and 
reporting of human trafficking, including 
the trafficking of human beings— 
‘‘(I) in a commercial motor vehi-
cle; or
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† HR 3684 EAS 
‘‘(II) by any occupant, including 
the operator, of a commercial motor ve-
hicle; 
‘‘(ii) the detection of criminal activity 
or any other violation of law relating to 
human trafficking; and 
‘‘(iii) enforcement of laws relating to 
human trafficking; 
‘‘(I) otherwise support the recognition, pre-
vention, and reporting of human trafficking; 
and’’; and 
(2) in paragraph (3)(D)— 
(A) in clause (ii), by striking ‘‘and’’ at the 
end; 
(B) in clause (iii), by striking the period at 
the end and inserting a semicolon; and 
(C) by adding at the end the following: 
‘‘(iv) for the detection of, and enforce-
ment actions taken as a result of, criminal 
activity (including the trafficking of human 
beings)— 
‘‘(I) in a commercial motor vehi-
cle; or
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‘‘(II) by any occupant, including 
the operator, of a commercial motor ve-
hicle; and 
‘‘(v) in addition to any funds other-
wise made available for the recognition, pre-
vention, and reporting of human traf-
ficking, to support the recognition, preven-
tion, and reporting of human trafficking.’’. 
SEC. 23004. IMMOBILIZATION GRANT PROGRAM. 
Section 31102(l) of title 49, United States Code, is 
amended by adding at the end the following: 
‘‘(4) IMMOBILIZATION GRANT PROGRAM.— 
‘‘(A) DEFINITION OF PASSENGER-CARRYING 
COMMERCIAL
MOTOR
VEHICLE.—In this para-
graph, the term ‘passenger-carrying commercial 
motor vehicle’ has the meaning given the term 
‘commercial motor vehicle’ in section 31301. 
‘‘(B) 
ESTABLISHMENT.—The 
Secretary 
shall establish an immobilization grant program 
under which the Secretary shall provide to States 
discretionary grants for the immobilization or 
impoundment of passenger-carrying commercial 
motor vehicles that— 
‘‘(i) are determined to be unsafe; or 
‘‘(ii) fail inspection.
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‘‘(C) LIST OF CRITERIA FOR IMMOBILIZA-
TION.—The Secretary, in consultation with State 
commercial motor vehicle entities, shall develop a 
list of commercial motor vehicle safety violations 
and defects that the Secretary determines war-
rant the immediate immobilization of a pas-
senger-carrying commercial motor vehicle. 
‘‘(D) ELIGIBILITY.—A State shall be eligible 
to receive a grant under this paragraph only if 
the State has the authority to require the immo-
bilization or impoundment of a passenger-car-
rying commercial motor vehicle— 
‘‘(i) with respect to which a motor ve-
hicle safety violation included in the list de-
veloped under subparagraph (C) is deter-
mined to exist; or 
‘‘(ii) that is determined to have a de-
fect included in that list. 
‘‘(E) USE
OF
FUNDS.—A grant provided 
under this paragraph may be used for— 
‘‘(i) the immobilization or impound-
ment of passenger-carrying commercial 
motor vehicles described in subparagraph 
(D);
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‘‘(ii) safety inspections of those pas-
senger-carrying commercial motor vehicles; 
and 
‘‘(iii) any other activity relating to an 
activity described in clause (i) or (ii), as 
determined by the Secretary. 
‘‘(F) 
SECRETARY
AUTHORIZATION.—The 
Secretary may provide to a State amounts for 
the costs associated with carrying out an immo-
bilization program using funds made available 
under section 31104(a)(2).’’. 
SEC. 23005. COMMERCIAL MOTOR VEHICLE ENFORCEMENT 
TRAINING AND SUPPORT. 
Section 31102(l) of title 49, United States Code (as 
amended by section 23004), is amended— 
(1) in paragraph (1), by striking ‘‘(2) and (3)’’ 
and inserting ‘‘(2) through (5)’’; and 
(2) by adding at the end the following: 
‘‘(5) COMMERCIAL
MOTOR
VEHICLE
ENFORCE-
MENT TRAINING AND SUPPORT GRANT PROGRAM.— 
‘‘(A) IN GENERAL.—The Secretary shall ad-
minister a commercial motor vehicle enforcement 
training and support grant program funded 
under section 31104(a)(3), under which the Sec-
retary shall make discretionary grants to eligible
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entities described in subparagraph (C) for the 
purposes described in subparagraph (B). 
‘‘(B) PURPOSES.—The purposes of the grant 
program under subparagraph (A) are— 
‘‘(i) to train non-Federal employees 
who conduct commercial motor vehicle en-
forcement activities; and 
‘‘(ii) to develop related training mate-
rials. 
‘‘(C) ELIGIBLE ENTITIES.—An entity eligi-
ble for a discretionary grant under the program 
described in subparagraph (A) is a nonprofit or-
ganization that has— 
‘‘(i) expertise in conducting a training 
program for non-Federal employees; and 
‘‘(ii) the ability to reach and involve 
in a training program a target population 
of commercial motor vehicle safety enforce-
ment employees.’’. 
SEC. 23006. STUDY OF COMMERCIAL MOTOR VEHICLE 
CRASH CAUSATION. 
(a) DEFINITIONS.—In this section: 
(1) COMMERCIAL
MOTOR
VEHICLE.—The term 
‘‘commercial motor vehicle’’ has the meaning given
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the term in section 31132 of title 49, United States 
Code. 
(2) STUDY.—The term ‘‘study’’ means the study 
carried out under subsection (b). 
(b) STUDY.—The Secretary shall carry out a com-
prehensive study— 
(1) to determine the causes of, and contributing 
factors to, crashes that involve a commercial motor 
vehicle; and 
(2) to identify data requirements, data collection 
procedures, reports, and any other measures that can 
be used to improve the ability of States and the Sec-
retary— 
(A) to evaluate future crashes involving 
commercial motor vehicles; 
(B) to monitor crash trends and identify 
causes and contributing factors; and 
(C) to develop effective safety improvement 
policies and programs. 
(c) DESIGN.—The study shall be designed to yield in-
formation that can be used to help policy makers, regu-
lators, and law enforcement identify activities and other 
measures that are likely to lead to reductions in— 
(1) the frequency of crashes involving a commer-
cial motor vehicle;
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(2) the severity of crashes involving a commer-
cial motor vehicle; and 
(3) fatalities and injuries. 
(d) CONSULTATION.—In designing and carrying out 
the study, the Secretary may consult with individuals or 
entities with expertise on— 
(1) crash causation and prevention; 
(2) commercial motor vehicles, commercial driv-
ers, and motor carriers, including passenger carriers; 
(3) highways and noncommercial motor vehicles 
and drivers; 
(4) Federal and State highway and motor car-
rier safety programs; 
(5) research methods and statistical analysis; 
and 
(6) other relevant topics, as determined by the 
Secretary. 
(e) PUBLIC COMMENT.—The Secretary shall make 
available for public comment information about the objec-
tives, methodology, implementation, findings, and other as-
pects of the study. 
(f) REPORTS.—As soon as practicable after the date 
on which the study is completed, the Secretary shall submit 
to Congress a report describing the results of the study and 
any legislative recommendations to facilitate reductions in
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the matters described in paragraphs (1) through (3) of sub-
section (c). 
SEC. 23007. PROMOTING WOMEN IN THE TRUCKING WORK-
FORCE. 
(a) FINDINGS.—Congress finds that— 
(1) women make up 47 percent of the workforce 
of the United States; 
(2) women are significantly underrepresented in 
the trucking industry, holding only 24 percent of all 
transportation and warehousing jobs and representing 
only— 
(A) 6.6 percent of truck drivers; 
(B) 12.5 percent of all workers in truck 
transportation; and 
(C) 8 percent of freight firm owners; 
(3) given the total number of women truck driv-
ers, women are underrepresented in the truck-driving 
workforce; and 
(4) women truck drivers have been shown to be 
20 percent less likely than male counterparts to be in-
volved in a crash. 
(b) SENSE
OF CONGRESS REGARDING WOMEN
IN 
TRUCKING.—It is the sense of Congress that the trucking 
industry should explore every opportunity to encourage and 
support the pursuit and retention of careers in trucking by
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women, including through programs that support recruit-
ment, driver training, and mentorship. 
(c) DEFINITIONS.—In this section: 
(1) 
ADMINISTRATOR.—The 
term 
‘‘Adminis-
trator’’ means the Administrator of the Federal Motor 
Carrier Safety Administration. 
(2) BOARD.—The term ‘‘Board’’ means the 
Women of Trucking Advisory Board established under 
subsection (d)(1). 
(3) LARGE
TRUCKING
COMPANY.—The term 
‘‘large trucking company’’ means a motor carrier (as 
defined in section 13102 of title 49, United States 
Code) with more than 100 power units. 
(4) MID-SIZED TRUCKING COMPANY.—The term 
‘‘mid-sized trucking company’’ means a motor carrier 
(as defined in section 13102 of title 49, United States 
Code) with not fewer than 11 power units and not 
more than 100 power units. 
(5) POWER
UNIT.—The term ‘‘power unit’’ 
means a self-propelled vehicle under the jurisdiction 
of the Federal Motor Carrier Safety Administration. 
(6) SMALL
TRUCKING
COMPANY.—The term 
‘‘small trucking company’’ means a motor carrier (as 
defined in section 13102 of title 49, United States
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† HR 3684 EAS 
Code) with not fewer than 1 power unit and not more 
than 10 power units. 
(d) WOMEN OF TRUCKING ADVISORY BOARD.— 
(1) ESTABLISHMENT.—To encourage women to 
enter the field of trucking, the Administrator shall es-
tablish and facilitate an advisory board, to be known 
as the ‘‘Women of Trucking Advisory Board’’, to re-
view and report on policies that— 
(A) 
provide 
education, 
training, 
mentorship, or outreach to women in the truck-
ing industry; and 
(B) recruit, retain, or advance women in 
the trucking industry. 
(2) MEMBERSHIP.— 
(A) IN GENERAL.—The Board shall be com-
posed of not fewer than 8 members whose back-
grounds, experience, and certifications allow 
those members to contribute balanced points of 
view and diverse ideas regarding the matters de-
scribed in paragraph (3)(B). 
(B) APPOINTMENT.— 
(i) IN GENERAL.—Not later than 270 
days after the date of enactment of this Act, 
the Administrator shall appoint the mem-
bers of the Board, of whom—
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(I) not fewer than 1 shall be a 
representative of large trucking compa-
nies; 
(II) not fewer than 1 shall be a 
representative of mid-sized trucking 
companies; 
(III) not fewer than 1 shall be a 
representative of small trucking com-
panies; 
(IV) not fewer than 1 shall be a 
representative of nonprofit organiza-
tions in the trucking industry; 
(V) not fewer than 1 shall be a 
representative of trucking business as-
sociations; 
(VI) not fewer than 1 shall be a 
representative of independent owner- 
operators; 
(VII) not fewer than 1 shall be a 
woman who is a professional truck 
driver; and 
(VIII) not fewer than 1 shall be a 
representative of an institution of high-
er education or trucking trade school.
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(ii) DIVERSITY.—A member of the 
Board appointed under any of subclauses 
(I) through (VIII) of clause (i) may not be 
appointed under any other subclause of that 
clause. 
(C) TERMS.—Each member shall be ap-
pointed for the life of the Board. 
(D) COMPENSATION.—A member of the 
Board shall serve without compensation. 
(3) DUTIES.— 
(A) IN GENERAL.—The Board shall iden-
tify— 
(i) barriers and industry trends that 
directly or indirectly discourage women 
from pursuing and retaining careers in 
trucking, including— 
(I) any particular barriers and 
trends that impact women minority 
groups; 
(II) any particular barriers and 
trends that impact women who live in 
rural, suburban, or urban areas; and 
(III) any safety risks unique to 
women in the trucking industry;
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(ii) ways in which the functions of 
trucking companies, nonprofit organiza-
tions, training and education providers, 
and trucking associations may be coordi-
nated to facilitate support for women pur-
suing careers in trucking; 
(iii) opportunities to expand existing 
opportunities for women in the trucking in-
dustry; and 
(iv) opportunities to enhance trucking 
training, mentorship, education, and ad-
vancement and outreach programs that 
would increase the number of women in the 
trucking industry. 
(B) REPORT.—Not later than 2 years after 
the date of enactment of this Act, the Board shall 
submit to the Administrator a report containing 
the findings and recommendations of the Board, 
including recommendations that companies, as-
sociations, institutions, other organizations, or 
the Administrator may adopt— 
(i) to address any industry trends 
identified under subparagraph (A)(i); 
(ii) to coordinate the functions of 
trucking companies, nonprofit organiza-
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† HR 3684 EAS 
tions, and trucking associations in a man-
ner that facilitates support for women pur-
suing careers in trucking; 
(iii)(I) to take advantage of any op-
portunities identified under subparagraph 
(A)(iii); and 
(II) to create new opportunities to ex-
pand existing scholarship opportunities for 
women in the trucking industry; and 
(iv) to enhance trucking training, men-
torship, education, and outreach programs 
that are exclusive to women. 
(4) REPORT TO CONGRESS.— 
(A) IN GENERAL.—Not later than 3 years 
after the date of enactment of this Act, the Ad-
ministrator shall submit to the Committee on 
Commerce, Science, and Transportation of the 
Senate and the Committee on Transportation 
and Infrastructure of the House of Representa-
tives a report describing— 
(i) the findings and recommendations 
of the Board under paragraph (3)(B); and 
(ii) any actions taken by the Adminis-
trator to adopt the recommendations of the
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Board (or an explanation of the reasons for 
not adopting the recommendations). 
(B) PUBLIC AVAILABILITY.—The Adminis-
trator shall make the report under subparagraph 
(A) publicly available— 
(i) on the website of the Federal Motor 
Carrier Safety Administration; and 
(ii) in appropriate offices of the Fed-
eral Motor Carrier Safety Administration. 
(5) TERMINATION.—The Board shall terminate 
on submission of the report to Congress under para-
graph (4). 
SEC. 23008. STATE INSPECTION OF PASSENGER-CARRYING 
COMMERCIAL MOTOR VEHICLES. 
(a) IN GENERAL.—Not later than 1 year after the date 
of enactment of this Act, the Secretary shall solicit addi-
tional comment on the advance notice of proposed rule-
making entitled ‘‘State Inspection Programs for Passenger- 
Carrier Vehicles’’ (81 Fed. Reg. 24769 (April 27, 2016)). 
(b) FINAL RULE.— 
(1) IN GENERAL.—After reviewing all comments 
received in response to the solicitation under sub-
section (a), if the Secretary determines that data and 
information exist to support moving forward with a 
final rulemaking action, the Secretary shall issue a
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final rule relating to the advance notice of proposed 
rulemaking described in that subsection. 
(2) CONSIDERATIONS.—In determining whether 
to issue a final rule under paragraph (1), the Sec-
retary shall consider the impact of continuing to 
allow self-inspection as a means to satisfy periodic 
inspection requirements on the safety of passenger 
carrier operations. 
SEC. 23009. TRUCK LEASING TASK FORCE. 
(a) ESTABLISHMENT.—Not later than 180 days after 
the date of enactment of this Act, the Secretary, in consulta-
tion with the Secretary of Labor, shall establish a task force, 
to be known as the ‘‘Truck Leasing Task Force’’ (referred 
to in this section as the ‘‘Task Force’’). 
(b) MEMBERSHIP.— 
(1) IN GENERAL.—The Secretary shall select not 
more than 10 individuals to serve as members of the 
Task Force, including at least 1 representative from 
each of the following: 
(A) Labor organizations. 
(B) Motor carriers that provide lease-pur-
chase agreements to owner-operators. 
(C) Consumer protection groups.
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(D) Members of the legal profession who 
specialize in consumer finance issues, including 
experience with lease-purchase agreements. 
(E) Owner-operators in the trucking indus-
try with experience regarding lease-purchase 
agreements. 
(F) Businesses that provide or are subject to 
lease-purchase agreements in the trucking indus-
try. 
(2) COMPENSATION.—A member of the Task 
Force shall serve without compensation. 
(c) DUTIES.—The Task Force shall examine, at a min-
imum— 
(1) common truck leasing arrangements avail-
able to commercial motor vehicle drivers, including 
lease-purchase agreements; 
(2) the terms of the leasing agreements described 
in paragraph (1); 
(3)(A) the existence of inequitable leasing agree-
ments and terms in the motor carrier industry; 
(B) whether any such inequitable terms and 
agreements affect the frequency of maintenance per-
formed on vehicles subject to those agreements; and
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† HR 3684 EAS 
(C) whether any such inequitable terms and 
agreements affect whether a vehicle is kept in a gen-
eral state of good repair; 
(4) specific agreements available to drayage driv-
ers at ports relating to the Clean Truck Program or 
any similar program to decrease emissions from port 
operations; 
(5) the impact of truck leasing agreements on the 
net compensation of commercial motor vehicle drivers, 
including port drayage drivers; 
(6) whether truck leasing agreements properly 
incentivize the safe operation of vehicles, including 
driver compliance with the hours of service regula-
tions and laws governing speed and safety generally; 
(7) resources to assist commercial motor vehicle 
drivers in assessing the financial impacts of leasing 
agreements; and 
(8)(A) the opportunity that equitable leasing 
agreements provide for drivers to start or expand 
trucking companies; and 
(B) the history of motor carriers starting from 
single owner-operators. 
(d) REPORT.—On completion of the examination 
under subsection (c), the Task Force shall submit to the Sec-
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† HR 3684 EAS 
retary, the Secretary of Labor, and the appropriate commit-
tees of Congress a report containing— 
(1) the findings of the Task Force with respect 
to the matters described in subsection (c); 
(2) best practices relating to— 
(A) assisting a commercial motor vehicle 
driver in assessing the impacts of leasing agree-
ments prior to entering into such an agreement; 
(B) assisting a commercial motor vehicle 
driver who has entered into a predatory lease 
agreement; and 
(C) preventing coercion and impacts on 
safety as described in section 31136 of title 49, 
United States Code; and 
(3) recommendations relating to changes to laws 
(including regulations), as applicable, at the Federal, 
State, or local level to promote fair leasing agree-
ments under which a commercial motor vehicle driv-
er, including a short haul driver, who is a party to 
such an agreement is able to earn a rate commensu-
rate with other commercial motor vehicle drivers per-
forming similar duties. 
(e) TERMINATION.—Not later than 30 days after the 
date on which the report under subsection (d) is submitted, 
the Task Force shall terminate.
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SEC. 23010. AUTOMATIC EMERGENCY BRAKING. 
(a) DEFINITIONS.—In this section: 
(1) AUTOMATIC EMERGENCY BRAKING SYSTEM.— 
The term ‘‘automatic emergency braking system’’ 
means a system on a commercial motor vehicle that, 
based on a predefined distance and closing rate with 
respect to an obstacle in the path of the commercial 
motor vehicle— 
(A) alerts the driver of the obstacle; and 
(B) if necessary to avoid or mitigate a colli-
sion with the obstacle, automatically applies the 
brakes of the commercial motor vehicle. 
(2) COMMERCIAL
MOTOR
VEHICLE.—The term 
‘‘commercial motor vehicle’’ has the meaning given 
the term in section 31101 of title 49, United States 
Code. 
(b) FEDERAL MOTOR VEHICLE SAFETY STANDARD.— 
(1) IN GENERAL.—Not later than 2 years after 
the date of enactment of this Act, the Secretary 
shall— 
(A) prescribe a motor vehicle safety stand-
ard under section 30111 of title 49, United 
States Code, that requires any commercial motor 
vehicle subject to section 571.136 of title 49, Code 
of Federal Regulations (relating to Federal 
Motor Vehicle Safety Standard Number 136) (or
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a successor regulation) that is manufactured 
after the effective date of the standard prescribed 
under this subparagraph to be equipped with an 
automatic emergency braking system; and 
(B) as part of the standard under subpara-
graph (A), establish performance requirements 
for automatic emergency braking systems. 
(2) CONSIDERATIONS.—Prior to prescribing the 
motor vehicle safety standard under paragraph 
(1)(A), the Secretary shall— 
(A) conduct a review of automatic emer-
gency braking systems in use in applicable com-
mercial motor vehicles and address any identi-
fied deficiencies with respect to those automatic 
emergency braking systems in the rulemaking 
proceeding to prescribe the standard, if prac-
ticable; and 
(B) consult with representatives of commer-
cial motor vehicle drivers regarding the experi-
ences of drivers with automatic emergency brak-
ing systems in use in applicable commercial 
motor vehicles, including any malfunctions or 
unwarranted activations of those automatic 
emergency braking systems.
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† HR 3684 EAS 
(c) FEDERAL MOTOR CARRIER SAFETY REGULA-
TION.—Not later than 1 year after the date of enactment 
of this Act, the Secretary shall prescribe a regulation under 
section 31136 of title 49, United States Code, that requires 
that an automatic emergency braking system installed in 
a commercial motor vehicle manufactured after the effective 
date of the standard prescribed under subsection (b)(1)(A) 
that is in operation on or after that date and is subject 
to section 571.136 of title 49, Code of Federal Regulations 
(relating to Federal Motor Vehicle Safety Standard Number 
136) (or a successor regulation) be used at any time during 
which the commercial motor vehicle is in operation. 
(d) REPORT ON AUTOMATIC EMERGENCY BRAKING IN 
OTHER COMMERCIAL MOTOR VEHICLES.— 
(1) STUDY.—Not later than 2 years after the 
date of enactment of this Act, the Secretary shall com-
plete a study on equipping a variety of commercial 
motor vehicles not subject to section 571.136 of title 
49, Code of Federal Regulations (relating to Federal 
Motor Vehicle Safety Standard Number 136) (or a 
successor regulation) as of that date of enactment 
with automatic emergency braking systems to avoid 
or mitigate a collision with an obstacle in the path 
of the commercial motor vehicle, including an assess-
ment of the feasibility, benefits, and costs associated
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† HR 3684 EAS 
with installing automatic emergency braking systems 
on a variety of newly manufactured commercial 
motor vehicles with a gross vehicle weight rating 
greater than 10,001 pounds. 
(2) INDEPENDENT RESEARCH.—If the Secretary 
enters into a contract with a third party to perform 
research relating to the study required under para-
graph (1), the Secretary shall ensure that the third 
party does not have any financial or contractual ties 
to, or relationships with— 
(A) a motor carrier that transports pas-
sengers or property for compensation; 
(B) the motor carrier industry; or 
(C) an entity producing or supplying auto-
matic emergency braking systems. 
(3) PUBLIC COMMENT.—Not later than 90 days 
after the date on which the study under paragraph 
(1) is completed, the Secretary shall— 
(A) issue a notice in the Federal Register 
containing the findings of the study; and 
(B) provide an opportunity for public com-
ment. 
(4) REPORT TO CONGRESS.—Not later than 90 
days after the conclusion of the public comment pe-
riod under paragraph (3)(B), the Secretary shall sub-
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mit to the Committee on Commerce, Science, and 
Transportation of the Senate and the Committees on 
Transportation and Infrastructure and Energy and 
Commerce of the House of Representatives a report 
that includes— 
(A) the results of the study under para-
graph (1); 
(B) a summary of any comments received 
under paragraph (3)(B); and 
(C) a determination as to whether the Sec-
retary intends to develop performance require-
ments for automatic emergency braking systems 
for applicable commercial motor vehicles, includ-
ing any analysis that led to that determination. 
(5) RULEMAKING.—Not later than 2 years after 
the date on which the study under paragraph (1) is 
completed, the Secretary shall— 
(A) determine whether a motor vehicle safe-
ty standard relating to equipping the commer-
cial motor vehicles described in that paragraph 
with automatic emergency braking systems 
would meet the requirements and considerations 
described in subsections (a) and (b) of section 
30111 of title 49, United States Code; and
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† HR 3684 EAS 
(B) if the Secretary determines that a motor 
vehicle safety standard described in subpara-
graph (A) would meet the requirements and con-
siderations described in that subparagraph, ini-
tiate a rulemaking to prescribe such a motor ve-
hicle safety standard. 
SEC. 23011. UNDERRIDE PROTECTION. 
(a) DEFINITIONS.—In this section: 
(1) COMMITTEE.—The term ‘‘Committee’’ means 
the Advisory Committee on Underride Protection es-
tablished under subsection (d)(1). 
(2) MOTOR CARRIER.—The term ‘‘motor carrier’’ 
has the meaning given the term in section 13102 of 
title 49, United States Code. 
(3) PASSENGER
MOTOR
VEHICLE.—The term 
‘‘passenger motor vehicle’’ has the meaning given the 
term in section 32101 of title 49, United States Code. 
(4) UNDERRIDE CRASH.—The term ‘‘underride 
crash’’ means a crash in which a trailer or 
semitrailer intrudes into the passenger compartment 
of a passenger motor vehicle. 
(b) REAR UNDERRIDE GUARDS.— 
(1) TRAILERS AND SEMITRAILERS.— 
(A) IN GENERAL.—Not later than 1 year 
after the date of enactment of this Act, the Sec-
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† HR 3684 EAS 
retary shall promulgate such regulations as are 
necessary to revise sections 571.223 and 571.224 
of title 49, Code of Federal Regulations (relating 
to Federal Motor Vehicle Safety Standard Num-
bers 223 and 224, respectively), to require trail-
ers and semitrailers manufactured after the date 
on which those regulations are promulgated to be 
equipped with rear impact guards that are de-
signed to prevent passenger compartment intru-
sion from a trailer or semitrailer when a pas-
senger motor vehicle traveling at 35 miles per 
hour makes— 
(i) an impact in which the passenger 
motor vehicle impacts the center of the rear 
of the trailer or semitrailer; 
(ii) an impact in which 50 percent of 
the width of the passenger motor vehicle 
overlaps 
the 
rear 
of 
the 
trailer 
or 
semitrailer; and 
(iii) an impact in which 30 percent of 
the width of the passenger motor vehicle 
overlaps 
the 
rear 
of 
the 
trailer 
or 
semitrailer, if the Secretary determines that 
a revision of sections 571.223 and 571.224 
of title 49, Code of Federal Regulations (re-
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† HR 3684 EAS 
lating to Federal Motor Vehicle Safety 
Standard Numbers 223 and 224, respec-
tively) to address such an impact would 
meet the requirements and considerations 
described in subsections (a) and (b) of sec-
tion 30111 of title 49, United States Code. 
(B) EFFECTIVE
DATE.—The regulations 
promulgated under subparagraph (A) shall re-
quire full compliance with each Federal Motor 
Vehicle Safety Standard revised pursuant to 
those regulations not later than 2 years after the 
date on which those regulations are promulgated. 
(2) ADDITIONAL
RESEARCH.—The Secretary 
shall conduct additional research on the design and 
development of rear impact guards that can— 
(A) prevent underride crashes in cases in 
which the passenger motor vehicle is traveling at 
speeds of up to 65 miles per hour; and 
(B) protect passengers in passenger motor 
vehicles against severe injury in crashes in which 
the passenger motor vehicle is traveling at speeds 
of up to 65 miles per hour. 
(3) REVIEW OF STANDARDS.—Not later than 5 
years after the date on which the regulations under
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† HR 3684 EAS 
paragraph (1)(A) are promulgated, the Secretary 
shall— 
(A) review the Federal Motor Vehicle Safety 
Standards revised pursuant to those regulations 
and any other requirements of those regulations 
relating to rear underride guards on trailers or 
semitrailers to evaluate the need for changes in 
response to advancements in technology; and 
(B) update those Federal Motor Vehicle 
Safety Standards and those regulations accord-
ingly. 
(4) INSPECTIONS.— 
(A) IN GENERAL.—Not later than 1 year 
after the date of enactment of this Act, the Sec-
retary shall promulgate such regulations as are 
necessary to revise the regulations relating to 
minimum periodic inspection standards under 
appendix G to subchapter B of chapter III of 
title 49, Code of Federal Regulations, and the 
regulations relating to driver vehicle inspection 
reports under section 396.11 of that title to in-
clude requirements relating to rear impact 
guards and rear end protection that are con-
sistent with the requirements described in section 
393.86 of that title.
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† HR 3684 EAS 
(B) CONSIDERATIONS.—In revising the reg-
ulations described in subparagraph (A), the Sec-
retary shall consider it to be a defect or a defi-
ciency if a rear impact guard is missing an, or 
has a corroded or compromised, element that af-
fects the structural integrity and protective fea-
ture of the rear impact guard. 
(c) SIDE UNDERRIDE GUARDS.— 
(1) IN GENERAL.—Not later than 1 year after 
the date of enactment of this Act, the Secretary 
shall— 
(A) complete additional research on side 
underride guards to better understand the overall 
effectiveness of side underride guards; 
(B) assess the feasibility, benefits, and costs 
of, and any impacts on intermodal equipment, 
freight mobility (including port operations), and 
freight capacity associated with, installing side 
underride guards on newly manufactured trail-
ers and semitrailers with a gross vehicle weight 
rating of 10,000 pounds or more; 
(C) consider the unique structural and oper-
ational aspects of—
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† HR 3684 EAS 
(i) intermodal chassis (as defined in 
section 340.2 of title 46, Code of Federal 
Regulations; and 
(ii) pole trailers (as defined in section 
390.5 of title 49, Code of Federal Regula-
tions; and 
(D) if warranted, develop performance 
standards for side underride guards. 
(2) INDEPENDENT RESEARCH.—If the Secretary 
enters into a contract with a third party to perform 
the research required under paragraph (1)(A), the 
Secretary shall ensure that the third party does not 
have any financial or contractual ties to, or relation-
ships with— 
(A) a motor carrier that transports pas-
sengers or property for compensation; 
(B) the motor carrier industry; or 
(C) an entity producing or supplying 
underride guards. 
(3) PUBLICATION
OF
ASSESSMENT.—Not later 
than 90 days after completion of the assessment re-
quired under paragraph (1)(B), the Secretary shall— 
(A) issue a notice in the Federal Register 
containing the findings of the assessment; and
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† HR 3684 EAS 
(B) provide an opportunity for public com-
ment. 
(4) REPORT TO CONGRESS.—Not later than 90 
days after the conclusion of the public comment pe-
riod under paragraph (3)(B), the Secretary shall sub-
mit to the Committee on Commerce, Science, and 
Transportation of the Senate and the Committee on 
Transportation and Infrastructure of the House of 
Representatives a report that includes— 
(A) the results of the assessment under 
paragraph (1)(B); 
(B) a summary of any comments received 
by the Secretary under paragraph (3)(B); and 
(C) a determination as to whether the Sec-
retary intends to develop performance require-
ments for side underride guards, including any 
analysis that led to that determination. 
(d) ADVISORY COMMITTEE ON UNDERRIDE PROTEC-
TION.— 
(1) ESTABLISHMENT.—The Secretary shall estab-
lish an Advisory Committee on Underride Protection 
to provide advice and recommendations to the Sec-
retary on safety regulations to reduce underride 
crashes and fatalities relating to underride crashes. 
(2) MEMBERSHIP.—
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† HR 3684 EAS 
(A) IN GENERAL.—The Committee shall be 
composed of not more than 20 members, ap-
pointed by the Secretary, who— 
(i) are not employees of the Depart-
ment; and 
(ii) are qualified to serve on the Com-
mittee because of their expertise, training, 
or experience. 
(B) 
REPRESENTATION.—The 
Committee 
shall include 2 representatives of each of the fol-
lowing: 
(i) Truck and trailer manufacturers. 
(ii) Motor carriers, including inde-
pendent owner-operators. 
(iii) Law enforcement. 
(iv) Motor vehicle engineers. 
(v) Motor vehicle crash investigators. 
(vi) Truck safety organizations. 
(vii) The insurance industry. 
(viii) Emergency medical service pro-
viders. 
(ix) Families of underride crash vic-
tims. 
(x) Labor organizations.
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† HR 3684 EAS 
(3) COMPENSATION.—Members of the Committee 
shall serve without compensation. 
(4) MEETINGS.—The Committee shall meet not 
less frequently than annually. 
(5) SUPPORT.—On request of the Committee, the 
Secretary shall provide information, administrative 
services, and supplies necessary for the Committee to 
carry out the duties of the Committee. 
(6) REPORT.—The Committee shall submit to the 
Committee on Commerce, Science, and Transpor-
tation of the Senate and the Committee on Transpor-
tation and Infrastructure of the House of Representa-
tives a biennial report that— 
(A) describes the advice and recommenda-
tions made to the Secretary; and 
(B) includes an assessment of progress made 
by the Secretary in advancing safety regulations 
relating to underride crashes. 
(e) DATA COLLECTION.—Not later than 1 year after 
the date of enactment of this Act, the Secretary shall imple-
ment the recommendations described in the report of the 
Government 
Accountability 
Office 
entitled 
‘‘Truck 
Underride Guards: Improved Data Collection, Inspections, 
and Research Needed’’, published on March 14, 2019, and 
numbered GAO–19–264.
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† HR 3684 EAS 
SEC. 23012. PROVIDERS OF RECREATIONAL ACTIVITIES. 
Section 13506(b) of title 49, United States Code, is 
amended— 
(1) in paragraph (2), by striking ‘‘or’’ at the 
end; 
(2) in paragraph (3), by striking the period at 
the end and inserting ‘‘; or’’; and 
(3) by adding at the end the following: 
‘‘(4) transportation by a motor vehicle designed 
or used to transport not fewer than 9, and not more 
than 15, passengers (including the driver), whether 
operated alone or with a trailer attached for the 
transport of recreational equipment, if— 
‘‘(A) the motor vehicle is operated by a per-
son that provides recreational activities; 
‘‘(B) the transportation is provided within 
a 150 air-mile radius of the location at which 
passengers initially boarded the motor vehicle at 
the outset of the trip; and 
‘‘(C) in the case of a motor vehicle trans-
porting passengers over a route between a place 
in a State and a place in another State, the per-
son operating the motor vehicle is lawfully pro-
viding transportation of passengers over the en-
tire route in accordance with applicable State 
law.’’.
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† HR 3684 EAS 
SEC. 23013. AMENDMENTS TO REGULATIONS RELATING TO 
TRANSPORTATION OF HOUSEHOLD GOODS IN 
INTERSTATE COMMERCE. 
(a) DEFINITIONS.—In this section: 
(1) ADMINISTRATION.—The term ‘‘Administra-
tion’’ means the Federal Motor Carrier Safety Ad-
ministration. 
(2) COVERED CARRIER.—The term ‘‘covered car-
rier’’ means a motor carrier that is— 
(A) engaged in the interstate transportation 
of household goods; and 
(B) subject to the requirements of part 375 
of title 49, Code of Federal Regulations (as in ef-
fect on the effective date of any amendments 
made pursuant to the notice of proposed rule-
making issued under subsection (b)). 
(b) AMENDMENTS TO REGULATIONS.—Not later than 
1 year after the date of enactment of this Act, the Secretary 
shall issue a notice of proposed rulemaking to amend, as 
the Secretary determines to be appropriate, regulations re-
lating to the interstate transportation of household goods. 
(c) CONSIDERATIONS.—In issuing the notice of pro-
posed rulemaking under subsection (b), the Secretary shall 
consider amending the following provisions of title 49, Code 
of Federal Regulations, in accordance with the following 
recommendations:
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† HR 3684 EAS 
(1) Section 375.207(b) to require each covered 
carrier to include on the website of the covered carrier 
a link— 
(A) to the publication of the Administration 
entitled ‘‘Ready to Move–Tips for a Successful 
Interstate Move’’ and numbered ESA–03–005 on 
the website of the Administration; or 
(B) to a copy of the publication referred to 
in subparagraph (A) on the website of the cov-
ered carrier. 
(2) Subsections (a) and (b)(1) of section 375.213 
to require each covered carrier to provide to each in-
dividual shipper, together with any written estimate 
provided to the shipper, a copy of the publication de-
scribed in appendix A of part 375 of that title, enti-
tled ‘‘Your Rights and Responsibilities When You 
Move’’ and numbered ESA–03–006 (or a successor 
publication), in the form of a written copy or a 
hyperlink on the website of the covered carrier to the 
location on the website of the Administration con-
taining that publication. 
(3) Section 375.213 to repeal subsection (e) of 
that section. 
(4) Section 375.401(a) to require each covered 
carrier—
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† HR 3684 EAS 
(A) to conduct a visual survey of the house-
hold goods to be transported by the covered car-
rier— 
(i) in person; or 
(ii) virtually, using— 
(I) a remote camera; or 
(II) another appropriate tech-
nology; 
(B) to offer a visual survey described in 
subparagraph (A) for all household goods ship-
ments, regardless of the distance between— 
(i) the location of the household goods; 
and 
(ii) the location of the agent of the cov-
ered carrier preparing the estimate; and 
(C) to provide to each shipper a copy of the 
publication 
of 
the 
Administration 
entitled 
‘‘Ready to Move–Tips for a Successful Interstate 
Move’’ and numbered ESA–03–005 on receipt 
from the shipper of a request to schedule, or a 
waiver of, a visual survey offered under subpara-
graph (B). 
(5) Sections 375.401(b)(1), 375.403(a)(6)(ii), 
and 375.405(b)(7)(ii), and subpart D of appendix A 
of part 375, to require that, in any case in which a
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† HR 3684 EAS 
shipper tenders any additional item or requests any 
additional service prior to loading a shipment, the af-
fected covered carrier shall— 
(A) prepare a new estimate; and 
(B) maintain a record of the date, time, 
and manner in which the new estimate was ac-
cepted by the shipper. 
(6) Section 375.501(a), to establish that a cov-
ered carrier is not required to provide to a shipper 
an order for service if the covered carrier elects to pro-
vide the information described in paragraphs (1) 
through (15) of that section in a bill of lading that 
is presented to the shipper before the covered carrier 
receives the shipment. 
(7) Subpart H of part 375, to replace the replace 
the terms ‘‘freight bill’’ and ‘‘expense bill’’ with the 
term ‘‘invoice’’. 
SEC. 23014. IMPROVING FEDERAL-STATE MOTOR CARRIER 
SAFETY ENFORCEMENT COORDINATION. 
(a) DEFINITIONS.—In this section: 
(1) COVERED STATE.—The term ‘‘covered State’’ 
means a State that receives Federal funds under the 
motor carrier safety assistance program established 
under section 31102 of title 49, United States Code.
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† HR 3684 EAS 
(2) IMMINENT HAZARD.—The term ‘‘imminent 
hazard’’ has the same meaning as in section 521 of 
title 49, United States Code. 
(b) REVIEW AND ENFORCEMENT OF STATE OUT-OF- 
SERVICE ORDERS.—As soon as practicable after the date 
of enactment of this Act, the Secretary shall publish in the 
Federal Register a process under which the Secretary shall 
review each out-of-service order issued by a covered State 
in accordance with section 31144(d) of title 49, United 
States Code, by not later than 30 days after the date on 
which the out-of-service order is submitted to the Secretary 
by the covered State. 
(c) REVIEW AND ENFORCEMENT OF STATE IMMINENT 
HAZARD DETERMINATIONS.— 
(1) IN GENERAL.—As soon as practicable after 
the date of enactment of this Act, the Secretary shall 
publish in the Federal Register a process under which 
the Secretary shall review imminent hazard deter-
minations made by covered States. 
(2) ENFORCEMENT.—On reviewing an imminent 
hazard determination under paragraph (1), the Sec-
retary shall pursue enforcement under section 521 of 
title 49, United States Code, as the Secretary deter-
mines to be appropriate.
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SEC. 23015. LIMOUSINE RESEARCH. 
(a) DEFINITIONS.—In this section: 
(1) LIMOUSINE.—The term ‘‘limousine’’ means a 
motor vehicle— 
(A) that has a seating capacity of 9 or more 
persons (including the driver); 
(B) with a gross vehicle weight rating great-
er than 10,000 pounds but not greater than 
26,000 pounds; 
(C) that the Secretary has determined by 
regulation has physical characteristics resem-
bling— 
(i) a passenger car; 
(ii) a multipurpose passenger vehicle; 
or 
(iii) a truck with a gross vehicle 
weight rating of 10,000 pounds or less; and 
(D) that is not a taxi, nonemergency med-
ical, or paratransit motor vehicle. 
(2) LIMOUSINE
OPERATOR.—The term ‘‘lim-
ousine operator’’ means a person who owns or leases, 
and uses, a limousine to transport passengers for 
compensation. 
(3) MOTOR
VEHICLE
SAFETY
STANDARD.—The 
term ‘‘motor vehicle safety standard’’ has the meaning
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† HR 3684 EAS 
given the term in section 30102(a) of title 49, United 
States Code. 
(4) STATE.—The term ‘‘State’’ has the meaning 
given such term in section 30102(a) of title 49, 
United States Code. 
(b) CRASHWORTHINESS.— 
(1) RESEARCH.—Not later than 4 years after the 
date of enactment of this Act, the Secretary shall com-
plete research into the development of motor vehicle 
safety standards for side impact protection, roof crush 
resistance, and air bag systems for the protection of 
occupants in limousines with alternative seating posi-
tions, including perimeter seating arrangements. 
(2) RULEMAKING OR REPORT.— 
(A) CRASHWORTHINESS STANDARDS.— 
(i) IN
GENERAL.—Subject to clause 
(ii), not later than 2 years after the date on 
which the research under paragraph (1) is 
completed, the Secretary shall prescribe, for 
the protection of occupants in limousines 
with alternative seating positions, a final 
motor vehicle safety standard for each of the 
following: 
(I) Side impact protection. 
(II) Roof crush resistance.
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† HR 3684 EAS 
(III) Air bag systems. 
(ii) REQUIREMENTS
AND
CONSIDER-
ATIONS.—The Secretary may only prescribe 
a motor vehicle safety standard described in 
clause (i) if the Secretary determines that 
the standard meets the requirements and 
considerations described in subsections (a) 
and (b) of section 30111 of title 49, United 
States Code. 
(B) REPORT.—If the Secretary determines 
that a motor vehicle safety standard described in 
subparagraph (A)(i) would not meet the require-
ments and considerations described in sub-
sections (a) and (b) of section 30111 of title 49, 
United States Code, the Secretary shall publish 
in the Federal Register and submit to the Com-
mittee on Commerce, Science, and Transpor-
tation of the Senate and the Committee on En-
ergy and Commerce of the House of Representa-
tives a report describing the reasons for not pre-
scribing the standard. 
(c) EVACUATION.— 
(1) RESEARCH.—Not later than 2 years after the 
date of enactment of this Act, the Secretary shall com-
plete research into safety features and standards that
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† HR 3684 EAS 
aid evacuation in the event that an exit in the pas-
senger compartment of a limousine is blocked. 
(2) RULEMAKING OR REPORT.— 
(A) LIMOUSINE EVACUATION.— 
(i) IN
GENERAL.—Subject to clause 
(ii), not later than 2 years after the date on 
which the research under paragraph (1) is 
completed, the Secretary shall prescribe a 
final motor vehicle safety standard based on 
the results of that research. 
(ii) REQUIREMENTS
AND
CONSIDER-
ATIONS.—The Secretary may only prescribe 
a motor vehicle safety standard described in 
clause (i) if the Secretary determines that 
the standard meets the requirements and 
considerations described in subsections (a) 
and (b) of section 30111 of title 49, United 
States Code. 
(B) REPORT.—If the Secretary determines 
that a standard described in subparagraph 
(A)(i) would not meet the requirements and con-
siderations described in subsections (a) and (b) 
of section 30111 of title 49, United States Code, 
the Secretary shall publish in the Federal Reg-
ister and submit to the Committee on Commerce,
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† HR 3684 EAS 
Science, and Transportation of the Senate and 
the Committee on Energy and Commerce of the 
House of Representatives a report describing the 
reasons for not prescribing the standard. 
(d) LIMOUSINE INSPECTION DISCLOSURE.— 
(1) IN GENERAL.—A limousine operator may not 
introduce a limousine into interstate commerce unless 
the limousine operator has prominently disclosed in a 
clear and conspicuous notice, including on the website 
of the operator if the operator has a website, the fol-
lowing: 
(A) The date of the most recent inspection 
of the limousine required under State or Federal 
law, if applicable. 
(B) The results of the inspection, if applica-
ble. 
(C) Any corrective action taken by the lim-
ousine operator to ensure the limousine passed 
inspection, if applicable. 
(2) FEDERAL
TRADE
COMMISSION
ENFORCE-
MENT.— 
(A) IN GENERAL.—The Federal Trade Com-
mission shall enforce this subsection in the same 
manner, by the same means, and with the same 
jurisdiction, powers, and duties as though all ap-
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† HR 3684 EAS 
plicable terms and provisions of the Federal 
Trade Commission Act (15 U.S.C. 41 et seq.) 
were incorporated into and made a part of this 
subsection. 
(B) TREATMENT.—Any person who violates 
this subsection shall be subject to the penalties 
and entitled to the privileges and immunities 
provided in the Federal Trade Commission Act 
(15 U.S.C. 41 et seq.). 
(3) SAVINGS PROVISION.—Nothing in this sub-
section limits the authority of the Federal Trade 
Commission under any other provision of law. 
(4) EFFECTIVE DATE.—This subsection shall take 
effect on the date that is 180 days after the date of 
enactment of this Act. 
SEC. 23016. NATIONAL CONSUMER COMPLAINT DATABASE. 
(a) IN GENERAL.—Not later than 18 months after the 
date of enactment of this Act, the Comptroller General of 
the United States shall submit to the Committee on Com-
merce, Science, and Transportation of the Senate and the 
Committee on Transportation and Infrastructure of the 
House of Representatives a report on the National Con-
sumer Complaint Database of the Federal Motor Carrier 
Safety Administration.
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† HR 3684 EAS 
(b) CONTENTS.—The report under subsection (a) shall 
include— 
(1) a review of the process and effectiveness of ef-
forts to review and follow-up on complaints submitted 
to the National Consumer Complaint Database; 
(2) an identification of the top 5 complaint cat-
egories; 
(3) an identification of— 
(A) the process that the Federal Motor Car-
rier Safety Administration uses to determine 
which entities to take enforcement actions 
against; and 
(B) the top categories of enforcement actions 
taken by the Federal Motor Carrier Safety Ad-
ministration; 
(4) a review of the use of the National Consumer 
Complaint Database website over the 5-year period 
ending on December 31, 2020, including information 
obtained by conducting interviews with drivers, cus-
tomers of movers of household goods, brokers, motor 
carriers, including small business motor carriers, and 
other users of the website to determine the usability 
of the website;
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† HR 3684 EAS 
(5) a review of efforts taken by the Federal Motor 
Carrier Safety Administration to raise awareness of 
the National Consumer Complaint Database; and 
(6) recommendations, as appropriate, including 
with respect to methods— 
(A) for improving the usability of the Na-
tional Consumer Complaint Database website; 
(B) for improving the review of complaints; 
(C) for using data collected through the Na-
tional Consumer Complaint Database to identify 
bad actors; 
(D) to improve confidence and transparency 
in the complaint process; and 
(E) for improving stakeholder awareness of 
and participation in the National Consumer 
Complaint Database and the complaint system, 
including improved communication about the 
purpose of the National Consumer Complaint 
Database. 
SEC. 23017. ELECTRONIC LOGGING DEVICE OVERSIGHT. 
Not later than 180 days after the date of enactment 
of this Act, the Secretary shall submit to Congress a report 
analyzing the cost and effectiveness of electronic logging de-
vices and detailing the processes—
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† HR 3684 EAS 
(1) used by the Federal Motor Carrier Safety Ad-
ministration— 
(A) to review electronic logging device logs; 
and 
(B) to protect proprietary information and 
personally identifiable information obtained 
from electronic logging device logs; and 
(2) through which an operator may challenge or 
appeal a violation notice issued by the Federal Motor 
Carrier Safety Administration relating to an elec-
tronic logging device. 
SEC. 23018. TRANSPORTATION OF AGRICULTURAL COM-
MODITIES AND FARM SUPPLIES. 
Section 229(a)(1) of the Motor Carrier Safety Im-
provement Act of 1999 (49 U.S.C. 31136 note; Public Law 
106–159) is amended— 
(1) in subparagraph (B), by striking ‘‘or’’ at the 
end; 
(2) in subparagraph (C), by striking the period 
at the end and inserting ‘‘; or’’; and 
(3) by adding at the end the following: 
‘‘(D) drivers transporting livestock (as de-
fined in section 602 of the Emergency Livestock 
Feed Assistance Act of 1988 (7 U.S.C. 1471) in-
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† HR 3684 EAS 
cluding insects) within a 150 air-mile radius 
from the final destination of the livestock.’’. 
SEC. 23019. MODIFICATION OF RESTRICTIONS ON CERTAIN 
COMMERCIAL DRIVER’S LICENSES. 
The Administrator of the Federal Motor Carrier Safety 
Administration shall revise section 383.3(f)(3)(ii) of title 
49, Code of Federal Regulations (or a successor regulation), 
to provide that a restricted commercial driver’s license 
issued to an employee in a farm-related service industry 
shall be limited to the applicable seasonal periods defined 
by the State issuing the restricted commercial driver’s li-
cense, subject to the condition that the total number of days 
in any calendar year during which the restricted commer-
cial driver’s license is valid does not exceed 210. 
SEC. 23020. REPORT ON HUMAN TRAFFICKING VIOLATIONS 
INVOLVING COMMERCIAL MOTOR VEHICLES. 
Not later than 3 years after the date of enactment of 
this Act, and every 3 years thereafter, the Secretary, acting 
through the Department of Transportation Advisory Com-
mittee on Human Trafficking established under section 5(a) 
of the Combating Human Trafficking in Commercial Vehi-
cles Act (Public Law 115–99; 131 Stat. 2243), shall coordi-
nate with the Attorney General to prepare and submit to 
Congress a report relating to human trafficking violations 
involving commercial motor vehicles, which shall include
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† HR 3684 EAS 
recommendations for countering human trafficking, includ-
ing an assessment of previous best practices by transpor-
tation stakeholders. 
SEC. 23021. BROKER GUIDANCE RELATING TO FEDERAL 
MOTOR CARRIER SAFETY REGULATIONS. 
(a) IN GENERAL.—Not later than 1 year after the date 
of enactment of this Act, the Secretary shall issue guidance 
to clarify the definitions of the terms ‘‘broker’’ and ‘‘bona 
fide agents’’ in section 371.2 of title 49, Code of Federal 
Regulations. 
(b) CONSIDERATIONS.—In issuing guidance under 
subsection (a), the Secretary shall take into consideration— 
(1) the extent to which technology has changed 
the nature of freight brokerage; 
(2) the role of bona fide agents; and 
(3) other aspects of the freight transportation in-
dustry. 
(c) DISPATCH SERVICES.—In issuing guidance under 
subsection (a), the Secretary shall, at a minimum— 
(1) examine the role of a dispatch service in the 
transportation industry; 
(2) examine the extent to which dispatch services 
could be considered brokers or bona fide agents; and 
(3) clarify the level of financial penalties for un-
authorized brokerage activities under section 14916 of
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† HR 3684 EAS 
title 49, United States Code, applicable to a dispatch 
service. 
SEC. 23022. APPRENTICESHIP PILOT PROGRAM. 
(a) DEFINITIONS.—In this section: 
(1) APPRENTICE.—The term ‘‘apprentice’’ means 
an individual who— 
(A) is under the age of 21; and 
(B) holds a commercial driver’s license. 
(2) COMMERCIAL DRIVER’S LICENSE.—The term 
‘‘commercial driver’s license’’ has the meaning given 
the term in section 31301 of title 49, United States 
Code. 
(3) COMMERCIAL
MOTOR
VEHICLE.—The term 
‘‘commercial motor vehicle’’ has the meaning given 
the term in section 390.5 of title 49, Code of Federal 
Regulations (as in effect on the date of enactment of 
this Act). 
(4) DRIVING
TIME.—The term ‘‘driving time’’ 
has the meaning given the term in section 395.2 of 
title 49, Code of Federal Regulations (as in effect on 
the date of enactment of this Act). 
(5) EXPERIENCED DRIVER.—The term ‘‘experi-
enced driver’’ means an individual who— 
(A) is not younger than 26 years of age;
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† HR 3684 EAS 
(B) has held a commercial driver’s license 
for the 2-year period ending on the date on 
which the individual serves as an experienced 
driver under subsection (b)(2)(C)(ii); 
(C) during the 2-year period ending on the 
date on which the individual serves as an experi-
enced driver under subsection (b)(2)(C)(ii), has 
had no— 
(i) preventable accidents reportable to 
the Department; or 
(ii) pointed moving violations; and 
(D) has a minimum of 5 years of experience 
driving a commercial motor vehicle in interstate 
commerce. 
(6) ON-DUTY TIME.—The term ‘‘on-duty time’’ 
has the meaning given the term in section 395.2 of 
title 49, Code of Federal Regulations (as in effect on 
the date of enactment of this Act). 
(7) POINTED
MOVING
VIOLATION.—The term 
‘‘pointed moving violation’’ means a violation that 
results in points being added to the license of a driv-
er, or a similar comparable violation, as determined 
by the Secretary. 
(b) PILOT PROGRAM.—
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† HR 3684 EAS 
(1) IN GENERAL.—Not later than 60 days after 
the date of enactment of this Act, the Secretary shall 
establish, in accordance with section 31315(c) of title 
49, United States Code, a pilot program allowing em-
ployers to establish the apprenticeship programs de-
scribed in paragraph (2). 
(2) DESCRIPTION
OF
APPRENTICESHIP
PRO-
GRAM.—An apprenticeship program referred to in 
paragraph (1) is a program that consists of the fol-
lowing requirements: 
(A) 120-HOUR PROBATIONARY PERIOD.— 
(i) IN GENERAL.—The apprentice shall 
complete 120 hours of on-duty time, of 
which not less than 80 hours shall be driv-
ing time in a commercial motor vehicle. 
(ii) PERFORMANCE BENCHMARKS.—To 
complete the 120-hour probationary period 
under clause (i), the employer of an appren-
tice shall determine that the apprentice is 
competent in each of the following areas: 
(I) Interstate, city traffic, rural 2- 
lane, and evening driving. 
(II) Safety awareness. 
(III) Speed and space manage-
ment.
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† HR 3684 EAS 
(IV) Lane control. 
(V) Mirror scanning. 
(VI) Right and left turns. 
(VII) Logging and complying 
with rules relating to hours of service. 
(B) 280-HOUR PROBATIONARY PERIOD.— 
(i) IN GENERAL.—After completing the 
120-hour probationary period under sub-
paragraph (A), an apprentice shall com-
plete 280 hours of on-duty time, of which 
not less than 160 hours shall be driving 
time in a commercial motor vehicle. 
(ii) PERFORMANCE BENCHMARKS.—To 
complete the 280-hour probationary period 
under clause (i), the employer of an appren-
tice shall determine that the apprentice is 
competent in each of the following areas: 
(I) Backing and maneuvering in 
close quarters. 
(II) Pretrip inspections. 
(III) Fueling procedures. 
(IV) Weighing loads, weight dis-
tribution, and sliding tandems. 
(V) Coupling and uncoupling pro-
cedures.
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† HR 3684 EAS 
(VI) Trip planning, truck routes, 
map reading, navigation, and permits. 
(C) RESTRICTIONS FOR PROBATIONARY PE-
RIODS.—During the 120-hour probationary pe-
riod under subparagraph (A) and the 280-hour 
probationary period under subparagraph (B)— 
(i) an apprentice may only drive a 
commercial motor vehicle that has— 
(I) an automatic manual or auto-
matic transmission; 
(II) an active braking collision 
mitigation system; 
(III) a forward-facing video event 
capture system; and 
(IV) a governed speed of 65 miles 
per hour— 
(aa) at the pedal; and 
(bb) under adaptive cruise 
control; and 
(ii) an apprentice shall be accom-
panied in the passenger seat of the commer-
cial motor vehicle by an experienced driver. 
(D) RECORDS
RETENTION.—The employer 
of an apprentice shall maintain records, in a 
manner required by the Secretary, relating to the
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† HR 3684 EAS 
satisfaction of the performance benchmarks de-
scribed in subparagraphs (A)(ii) and (B)(ii) by 
the apprentice. 
(E) REPORTABLE
INCIDENTS.—If an ap-
prentice is involved in a preventable accident re-
portable to the Department or a pointed moving 
violation while driving a commercial motor vehi-
cle as part of an apprenticeship program de-
scribed in this paragraph, the apprentice shall 
undergo remediation and additional training 
until the apprentice can demonstrate, to the sat-
isfaction of the employer, competence in each of 
the performance benchmarks described in sub-
paragraphs (A)(ii) and (B)(ii). 
(F) COMPLETION
OF
PROGRAM.—An ap-
prentice shall be considered to have completed an 
apprenticeship program on the date on which the 
apprentice completes the 280-hour probationary 
period under subparagraph (B). 
(G) MINIMUM REQUIREMENTS.— 
(i) IN GENERAL.—Nothing in this sec-
tion prevents an employer from imposing 
any additional requirement on an appren-
tice participating in an apprenticeship pro-
gram established under this section.
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† HR 3684 EAS 
(ii) TECHNOLOGIES.—Nothing in this 
section prevents an employer from requiring 
or installing in a commercial motor vehicle 
any technology in addition to the tech-
nologies described in subparagraph (C)(i). 
(3) APPRENTICES.—An apprentice may— 
(A) drive a commercial motor vehicle in 
interstate commerce while participating in the 
120-hour probationary period under paragraph 
(2)(A) or the 280-hour probationary period 
under paragraph (2)(B) pursuant to an appren-
ticeship program established by an employer in 
accordance with this section; and 
(B) drive a commercial motor vehicle in 
interstate commerce after the apprentice com-
pletes an apprenticeship program described in 
paragraph (2), unless the Secretary determines 
there exists a safety concern. 
(4) LIMITATION.—The Secretary may not allow 
more than 3,000 apprentices at any 1 time to partici-
pate in the pilot program established under para-
graph (1). 
(c) TERMINATION.—Effective beginning on the date 
that is 3 years after the date of establishment of the pilot 
program under subsection (b)(1)—