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non-Federal share for a grant provided under this 
section shall be consistent with section 24905(c) or 
section 24712(a)(7) if either such section are appli-
cable to the railroad territory at the project location. 
‘‘(3) AVAILABILITY OF FUNDS.—Funds made 
available under this section shall remain available 
for obligation by the Secretary for a period of 10 
years after the last day of the fiscal year for which 
the funds are appropriated, and remain available for 
expenditure by the recipient of grant funds without 
fiscal year limitation. 
‘‘(4) ELIGIBLE
USES.—Funds made available 
under this section may be used for projects con-
tained in the most recent BeST Inventory, including 
pre-construction expenses and the acquisition of real 
property interests. 
‘‘(5) FUNDS
AWARDED
TO
AMTRAK.—Grants 
made to Amtrak shall be provided in accordance 
with the requirements of chapter 243. 
‘‘(6) GRANT CONDITIONS.—Except as provided 
in this section, the use of any amounts made avail-
able for grants under this section shall be subject to 
the grant requirements in section 22905. 
‘‘(d) PROJECT MANAGEMENT.— 
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‘‘(1) SUBMISSION
OF
PROJECT
MANAGEMENT 
PLANS.—The Secretary shall establish a process, in-
cluding specifying formats, methods, and procedures, 
for applicants to submit a project management plan 
to the Secretary for a project in the BeST Inven-
tory. Consistent with requirements in section 22903, 
project management plans shall— 
‘‘(A) describe the schedules, management 
actions, 
workforce 
availability, 
interagency 
agreements, permitting, track outage avail-
ability, and other factors that will determine the 
entity’s ability to carry out a project included in 
the BeST Inventory; and 
‘‘(B) be updated and resubmitted in ac-
cordance with this subsection every 2 years ac-
cording to the schedule in the most recent Serv-
ice Development Plan, or equivalent multi-state 
regional planning document with a completed 
Tier I environmental review conducted pursuant 
to the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.). 
‘‘(2) NORTHEAST
CORRIDOR
PROJECTS.—For 
projects on the Northeast Corridor, an applicant 
shall submit such project management plan to the 
Northeast Corridor Commission. Upon receipt of 
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such plan, the Northeast Corridor Commission shall 
submit to the Secretary an updated Service Develop-
ment Plan that describes the schedule and sequenc-
ing of all capital projects on the Northeast Corridor, 
including estimates of the amount each sponsor enti-
ty will need in program funding for each of the next 
2 fiscal years to carry out the entity’s projects ac-
cording to the Service Development Plan. 
‘‘(e) 
COST
METHODOLOGY
POLICY
REQUIRE-
MENTS.— 
‘‘(1) IN GENERAL.—The Secretary shall ensure, 
as a condition of a grant agreement under this sec-
tion for any project located in a railroad territory 
where a policy established pursuant to section 
24905(c) or section 209 of the Passenger Rail In-
vestment and Improvement Act of 2008 (49 U.S.C. 
24101 note) applies, that a recipient of funds under 
either such section maintain compliance with the 
policies, or any updates to any applicable cost meth-
odology policy, for the railroad territory encom-
passing the project location. 
‘‘(2) PENALTY FOR NONCOMPLIANCE.—If such 
recipient does not maintain compliance with the poli-
cies described in paragraph (1), the Secretary 
may— 
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‘‘(A) withhold funds under this subsection 
from such recipient up to the amount the re-
cipient owes, but has not paid; and 
‘‘(B) permanently reallocate such funds to 
other recipients after a reasonable period. 
‘‘(f) DEFINITIONS.—In this section: 
‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible en-
tity’ means— 
‘‘(A) a State, including the District of Co-
lumbia; 
‘‘(B) a group of States; 
‘‘(C) an Interstate Compact; 
‘‘(D) a public agency or publicly chartered 
authority established by one or more States; 
‘‘(E) a political subdivision of a State; 
‘‘(F) Amtrak; 
‘‘(G) An Indian Tribe; or 
‘‘(H) any combination of the entities listed 
in subparagraphs (A) through (G). 
‘‘(2) MAJOR
CAPITAL
PROJECT.—The term 
‘major capital project’ means a rail bridge, station, 
or tunnel project used for intercity passenger rail 
service that has a total project cost of at least 
$500,000,000. 
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‘‘(3) 
NORTHEAST
CORRIDOR.—The 
term 
‘Northeast Corridor’ has the meaning given the term 
in section 24904(e). 
‘‘(4) PUBLICLY
OWNED.—The term ‘publicly 
owned’ means major capital projects that are at 
least partially owned or planned to be owned by the 
Federal Government or an eligible entity. 
‘‘(5) CO-LOCATED PROJECT.—The term ‘co-lo-
cated project’ means a capital project that is adja-
cent to a major capital project and can be carried 
out during the same period.’’. 
(b) CLERICAL AMENDMENT.—The analysis for chap-
ter 229 of title 49, United States Code, is amended by 
adding at the end the following: 
‘‘22909. Bridges, stations, and tunnels (BeST) grant program.’’. 
SEC. 9106. BUY AMERICA. 
Section 22905(a) of title 49, United States Code, is 
amended— 
(1) in paragraph (2)— 
(A) in subparagraph (B) by adding ‘‘or’’ at 
the end; 
(B) by striking subparagraph (C); and 
(C) by redesignating subparagraph (D) as 
subparagraph (C); 
(2) by striking paragraph (4) and inserting the 
following: 
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‘‘(4)(A) If the Secretary receives a request for 
a waiver under paragraph (2), the Secretary shall 
provide notice of and an opportunity for public com-
ment on the request at least 30 days before making 
a finding based on the request. 
‘‘(B) A notice provided under subparagraph (A) 
shall— 
‘‘(i) include the information available to 
the Secretary concerning the request, including 
whether the request is being made under sub-
paragraph (A), (B), or (C) of paragraph (2); 
and 
‘‘(ii) be provided by electronic means, in-
cluding on the official public website of the De-
partment of Transportation.’’; 
(3) in paragraph (5)— 
(A) by striking ‘‘2012’’ and inserting 
‘‘2020, and each year thereafter’’; and 
(B) by inserting ‘‘during the preceding fis-
cal year’’ before the period; and 
(4) by adding at the end the following: 
‘‘(12) The requirements of this subsection apply to 
all contracts for a project carried out within the scope of 
the applicable finding, determination, or decisions under 
the National Environmental Policy Act of 1969 (42 U.S.C. 
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4321 et seq.), regardless of the funding source for activi-
ties carried out pursuant to such contracts, if at least 1 
contract for the project is funded with amounts made 
available to carry out a provision specified in paragraph 
(1).’’. 
TITLE II—AMTRAK REFORMS 
SEC. 9201. AMTRAK FINDINGS, MISSION, AND GOALS. 
Section 24101 of title 49, United States Code, is 
amended— 
(1) in subsection (a)— 
(A) in paragraph (1)— 
(i) by striking ‘‘, to the extent its 
budget allows,’’; and 
(ii) by striking ‘‘between crowded 
urban areas and in other areas of’’ and in-
serting ‘‘throughout’’; 
(B) in paragraph (2) by striking the period 
and inserting ‘‘, thereby providing additional 
capacity for the traveling public and widespread 
air quality benefits.’’; 
(C) in paragraph (4)— 
(i) by striking ‘‘greater’’ and inserting 
‘‘high’’; and 
(ii) by striking ‘‘to Amtrak to achieve 
a performance level sufficient to justify ex-
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pending public money’’ and inserting ‘‘in 
order to meet the intercity passenger rail 
needs of the United States’’; 
(D) in paragraph (5)— 
(i) by inserting ‘‘intercity and’’ after 
‘‘efficient’’; and 
(ii) by striking ‘‘the energy conserva-
tion and self-sufficiency’’ and inserting 
‘‘addressing climate change, energy con-
servation, and self-sufficiency’’; 
(E) in paragraph (6) by striking ‘‘through 
its subsidiary, Amtrak Commuter,’’; and 
(F) by adding at the end the following: 
‘‘(9) Long-distance intercity passenger rail provides 
economic benefits to rural communities and offers inter-
city travel opportunities where such options are often lim-
ited, making long-distance intercity passenger rail an im-
portant part of the national transportation system. 
‘‘(10) The Northeast Corridor, long-distance routes, 
and State-supported routes are interconnected and collec-
tively provide national rail passenger transportation. 
‘‘(11) Investments in intercity and commuter rail 
passenger transportation support jobs that provide a path-
way to the middle class.’’; 
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(2) in subsection (b) by striking ‘‘The’’ and all 
that follows through ‘‘consistent’’ and inserting 
‘‘The mission of Amtrak is to provide a safe, effi-
cient, and high-quality national intercity passenger 
rail system that is trip-time competitive with other 
intercity travel options, consistent’’; 
(3) in subsection (c)— 
(A) by striking paragraph (1) and insert-
ing the following: 
‘‘(1) use its best business judgment in acting to 
maximize the benefits of public funding;’’; 
(B) in paragraph (2)— 
(i) by striking ‘‘minimize Government 
subsidies by encouraging’’ and inserting 
‘‘work with’’; and 
(ii) by striking the semicolon and in-
serting ‘‘and improvements to service;’’; 
(C) by striking paragraph (3) and insert-
ing the following: 
‘‘(3) manage the passenger rail network in the 
interest of public transportation needs, including 
current and future Amtrak passengers;’’; 
(D) in paragraph (7) by striking ‘‘encour-
age’’ and inserting ‘‘work with’’; 
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(E) in paragraph (11) by striking ‘‘and’’ 
the last place it appears; and 
(F) by striking paragraph (12) and insert-
ing the following: 
‘‘(12) utilize and manage resources with a long- 
term perspective, including sound investments that 
take into account the overall lifecycle costs of an 
asset; 
‘‘(13) ensure that service is accessible, equi-
table, and accommodating to passengers with dis-
abilities and members of underserved communities; 
and 
‘‘(14) maximize the benefits Amtrak generates 
for the United States by creating quality jobs and 
supporting the domestic workforce.’’; and 
(4) by striking subsection (d). 
SEC. 9202. AMTRAK STATUS. 
Section 24301(a) of title 49, United States Code, is 
amended— 
(1) in paragraph (1) by striking ‘‘20102(2)’’ 
and inserting ‘‘20102’’; and 
(2) in paragraph (2) by inserting ‘‘serving the 
public interest in reliable passenger rail service’’ 
after ‘‘for-profit corporation’’. 
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SEC. 9203. BOARD OF DIRECTORS. 
(a) IN GENERAL.—Section 24302 of title 49, United 
States Code, is amended— 
(1) in subsection (a)— 
(A) in paragraph (1)— 
(i) in subparagraph (B) by striking 
‘‘President of Amtrak’’ and inserting 
‘‘Chief Executive Officer of Amtrak’’; and 
(ii) by striking subparagraph (C) and 
inserting the following: 
‘‘(C) 8 individuals appointed by the Presi-
dent of the United States, by and with the ad-
vice and consent of the Senate, with a record of 
support for national intercity passenger rail 
service. Of the individuals appointed— 
‘‘(i) 1 shall be a Mayor or Governor of 
a location served by a regularly scheduled 
Amtrak service on the Northeast Corridor; 
‘‘(ii) 1 shall be a Mayor or Governor 
of a location served by a regularly sched-
uled Amtrak service that is not on the 
Northeast Corridor; 
‘‘(iii) 1 shall be a representative of 
Amtrak employees; 
‘‘(iv) 1 shall be an individual with a 
history of regular Amtrak ridership and an 
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understanding of the concerns of intercity 
rail passengers; 
‘‘(v) 1 shall be an individual with— 
‘‘(I) demonstrated experience or 
demonstrated interest in the North-
east Corridor and the National Net-
work; and 
‘‘(II) 
industry 
experience 
or 
qualifications 
in 
transportation, 
freight and passenger rail transpor-
tation, travel, or passenger air trans-
portation; and 
‘‘(vi) 1 shall be an individual with 
general business and financial experience 
who has demonstrated experience or dem-
onstrated interest in the Northeast Cor-
ridor and the National Network.’’; 
(B) in paragraph (2) by inserting ‘‘users of 
Amtrak, including the elderly and individuals 
with disabilities, and’’ after ‘‘and balanced rep-
resentation of’’; 
(C) in paragraph (3)— 
(i) by striking ‘‘Not more than 5’’ and 
inserting ‘‘Not more than 4’’; and 
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(ii) by adding at the end the fol-
lowing: ‘‘A member of the Board appointed 
under clause (i) or (ii) of paragraph (1)(C) 
shall serve for a term of 5 years or until 
such member leaves the elected office such 
member occupied at the time such member 
was appointed, whichever is first.’’; 
(D) in paragraph (4) by striking ‘‘Presi-
dent’’ and inserting ‘‘Chief Executive Officer’’; 
and 
(E) by striking paragraph (5) and insert-
ing the following: 
‘‘(5) The Secretary and any Governor of a 
State may be represented at a Board meeting by a 
designee.’’; 
(2) in subsection (b)— 
(A) by striking ‘‘PAY AND EXPENSES’’ and 
inserting ‘‘DUTIES, PAY, AND EXPENSES’’; and 
(B) by inserting ‘‘Each director must con-
sider the well-being of current and future Am-
trak passengers, the public interest in sustain-
able national passenger rail service, and balance 
the preceding considerations with the fiduciary 
responsibilities of the director and the mission 
and goals of Amtrak.’’ before ‘‘Each director 
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not employed by the United States Government 
or Amtrak’’; and 
(3) by adding at the end the following: 
‘‘(g) GOVERNOR DEFINED.—In this section, the term 
‘Governor’ means the Governor of a State or the Mayor 
of the District of Columbia and includes a designee of the 
Governor.’’. 
(b) TIMING OF NEW BOARD REQUIREMENTS.—The 
appointment and membership requirements under section 
24302 of title 49, United States Code (as amended by this 
Act), shall apply to any member of the Board appointed 
pursuant to subsection (a)(1)(C) of such section who is 
appointed on or after the date of enactment of this Act. 
SEC. 9204. AMTRAK PREFERENCE ENFORCEMENT. 
(a) IN GENERAL.—Section 24308(c) of title 49, 
United States Code, is amended by adding at the end the 
following: ‘‘Notwithstanding section 24103(a) and section 
24308(f), Amtrak shall have the right to bring an action 
for equitable or other relief in the United States District 
Court for the District of Columbia to enforce the pref-
erence rights granted under this subsection.’’. 
(b) CONFORMING AMENDMENT.—Section 24103 of 
title 49, United States Code, is amended by inserting ‘‘and 
section 24308(c)’’ before ‘‘, only the Attorney General’’. 
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SEC. 9205. USE OF FACILITIES AND PROVIDING SERVICES 
TO AMTRAK. 
Section 24308(e) of title 49, United States Code, is 
amended— 
(1) by striking paragraph (1) and inserting the 
following:(1)(A) When a rail carrier does not agree 
to allow Amtrak to operate additional trains in ac-
cordance with proposed schedules over any rail line 
of the carrier on which Amtrak is operating or seeks 
to operate, Amtrak may submit an application to the 
Board for an order requiring the carrier to allow for 
the operation of the requested trains. Not later than 
90 days after receipt of such application, the Board 
shall determine whether the additional trains would 
unreasonably impair freight transportation and— 
‘‘(i) upon a determination that such trains 
do not unreasonably impair freight transpor-
tation, order the rail carrier to allow for the op-
eration of such trains on a schedule established 
by the Board; or 
‘‘(ii) upon a determination that such trains 
do unreasonably impair freight transportation, 
initiate a proceeding to determine any addi-
tional infrastructure investments required by, 
or on behalf of, Amtrak. 
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‘‘(B) If Amtrak seeks to resume operation of a 
train that Amtrak operated during the 5-year period 
preceding an application described in subparagraph 
(A), the Board shall apply a presumption that the 
resumed operation of such train will not unreason-
ably impair freight transportation unless the Board 
finds that there are substantially changed cir-
cumstances.’’; 
(2) in paragraph (2)— 
(A) by striking ‘‘The Board shall consider’’ 
and inserting ‘‘The Board shall’’; 
(B) by striking subparagraph (A) and in-
serting the following: 
‘‘(A) in making the determination under para-
graph (1), take into account any infrastructure in-
vestments previously made by, or on behalf of, Am-
trak, or proposed in Amtrak’s application, with the 
rail carrier having the burden of demonstrating that 
the additional trains will unreasonably impair the 
freight transportation; and’’; and 
(C) in subparagraph (B) by inserting ‘‘con-
sider investments described in subparagraph 
(A) and’’ after ‘‘times,’’; and 
(3) by adding at the end the following: 
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‘‘(4) In a proceeding initiated by the Board under 
paragraph (1)(A)(ii), the Board shall solicit the views of 
the parties and require the parties to provide any nec-
essary data or information. Not later than 180 days after 
the date on which the Board makes a determination under 
paragraph (1)(A)(ii), the Board shall issue an order re-
quiring the rail carrier to allow for the operation of the 
requested trains provided that any conditions enumerated 
by the Board are met. In determining the necessary level 
of additional infrastructure or other investments needed 
to mitigate unreasonable impairment of freight transpor-
tation, the Board shall use any criteria, assumptions, and 
processes it considers appropriate. 
‘‘(5) The provisions of this subsection shall be in ad-
dition to any other statutory or contractual remedies Am-
trak may have with respect to operating the additional 
trains.’’. 
SEC. 9206. PROHIBITION ON MANDATORY ARBITRATION. 
(a) IN GENERAL.—Section 28103 of title 49, United 
States Code, is amended— 
(1) by redesignating subsection (e) as sub-
section (f); and 
(2) by inserting after subsection (d) the fol-
lowing: 
‘‘(e) PROHIBITION ON CHOICE-OF-FORUM CLAUSE.— 
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‘‘(1) IN GENERAL.—Amtrak may not impose a 
choice-of-forum clause that attempts to preclude a 
passenger, or a person who purchases a ticket for 
rail transportation on behalf of a passenger, from 
bringing a claim against Amtrak in any court of 
competent jurisdiction, including a court within the 
jurisdiction of the residence of such passenger in the 
United States (provided that Amtrak does business 
within that jurisdiction). 
‘‘(2) COURT OF COMPETENT JURISDICTION.— 
Under this subsection, a court of competent jurisdic-
tion may not include an arbitration forum.’’. 
(b) EFFECTIVE DATE.—This section, and the amend-
ments made by this section, shall apply to any claim that 
arises on or after the date of enactment of this Act. 
SEC. 9207. AMTRAK ADA ASSESSMENT. 
(a) ASSESSMENT.—Amtrak shall conduct an assess-
ment and review of all Amtrak policies, procedures, proto-
cols, and guidelines for compliance with the requirements 
of the Americans With Disabilities Act of 1990 (42 U.S.C. 
12101 et seq.). 
(b) REPORT.—Not later than 180 days after the date 
of enactment of this Act, Amtrak shall submit to the Com-
mittee on Transportation and Infrastructure of the House 
of Representatives and the Committee on Commerce, 
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Science, and Transportation of the Senate a report on the 
results of the assessment conducted under subsection (a). 
(c) CONTENTS.—The report required under sub-
section (b) shall include— 
(1) a summary of the policies, procedures, pro-
tocols, and guidelines reviewed; 
(2) any necessary changes to such policies, pro-
cedures, protocols, and guidelines to ensure compli-
ance with the Americans With Disabilities Act of 
1990 (42 U.S.C. 12101 et seq.), including full com-
pliance under such Act for stations and facilities for 
which Amtrak has responsibility under such Act and 
consideration of the needs of individuals with disabil-
ities when procuring rolling stock and setting ticket 
fares; and 
(3) an implementation plan and timeline for 
making any such necessary changes. 
(d) ENGAGEMENT.—Amtrak shall engage with a 
range of advocates for individuals with disabilities during 
the assessment conducted under subsection (a), and de-
velop an ongoing and standardized process for engagement 
with advocates for individuals with disabilities. 
(e) PERIODIC EVALUATION.—At least once every 2 
years, Amtrak shall review and update, as necessary, Am-
trak policies, procedures, protocols, and guidelines to en-
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sure compliance with the Americans With Disabilities Act 
of 1990 (42 U.S.C. 12101 et seq.). 
SEC. 9208. PROHIBITION ON SMOKING ON AMTRAK TRAINS. 
(a) IN GENERAL.—Chapter 243 of title 49, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘§ 24323. Prohibition on smoking on Amtrak trains 
‘‘(a) PROHIBITION.—Beginning on the date of enact-
ment of the TRAIN Act, Amtrak shall prohibit smoking 
on board Amtrak trains. 
‘‘(b) ELECTRONIC CIGARETTES.— 
‘‘(1) INCLUSION.—The use of an electronic cig-
arette shall be treated as smoking for purposes of 
this section. 
‘‘(2) ELECTRONIC
CIGARETTE
DEFINED.—In 
this section, the term ‘electronic cigarette’ means a 
device that delivers nicotine or other substances to 
a user of the device in the form of a vapor that is 
inhaled to simulate the experience of smoking.’’. 
(b) CONFORMING AMENDMENT.—The analysis for 
chapter 243 of title 49, United States Code, is amended 
by adding at the end the following: 
‘‘24323. Prohibition on smoking on Amtrak trains.’’. 
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SEC. 9209. STATE-SUPPORTED ROUTES OPERATED BY AM-
TRAK. 
Section 24712 of title 49, United States Code, is 
amended to read as follows: 
‘‘§ 24712. State-supported routes operated by Amtrak 
‘‘(a) STATE-SUPPORTED ROUTE COMMITTEE.— 
‘‘(1) ESTABLISHMENT.—There is established a 
State-Supported Route Committee (referred to in 
this section as the ‘Committee’) to promote mutual 
cooperation and planning pertaining to the current 
and future rail operations of Amtrak and related ac-
tivities of trains operated by Amtrak on State-sup-
ported routes and to further implement section 209 
of the Passenger Rail Investment and Improvement 
Act of 2008 (49 U.S.C. 24101 note). 
‘‘(2) MEMBERSHIP.— 
‘‘(A) IN GENERAL.—The Committee shall 
consist of— 
‘‘(i) members representing Amtrak; 
‘‘(ii) members representing the De-
partment of Transportation, including the 
Federal Railroad Administration; and 
‘‘(iii) members representing States. 
‘‘(B) NON-VOTING MEMBERS.—The Com-
mittee may invite and accept other non-voting 
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members to participate in Committee activities, 
as appropriate. 
‘‘(3) DECISIONMAKING.—The Committee shall 
establish a bloc voting system under which, at a 
minimum— 
‘‘(A) there are 3 separate voting blocs to 
represent the Committee’s voting members, in-
cluding— 
‘‘(i) 1 voting bloc to represent the 
members described in paragraph (2)(A)(i); 
‘‘(ii) 1 voting bloc to represent the 
members described in paragraph (2)(A)(ii); 
and 
‘‘(iii) 1 voting bloc to represent the 
members 
described 
in 
paragraph 
(2)(A)(iii); 
‘‘(B) each voting bloc has 1 vote; 
‘‘(C) the votes of the voting bloc rep-
resenting the members described in paragraph 
(2)(A)(iii) requires the support of at least two- 
thirds of that voting bloc’s members; and 
‘‘(D) the Committee makes decisions by 
unanimous consent of the 3 voting blocs. 
‘‘(4) ABILITY
TO
CONDUCT
CERTAIN
BUSI-
NESS.—If all members of a voting bloc described in 
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paragraph (3) abstain from a Committee decision, 
agreement between the other voting blocs consistent 
with the procedures set forth in paragraph (3) shall 
be deemed unanimous consent. 
‘‘(5) MEETINGS; RULES AND PROCEDURES.— 
The Committee shall define and periodically update 
the rules and procedures governing the Committee’s 
proceedings. The rules and procedures shall— 
‘‘(A) incorporate and further describe the 
decisionmaking procedures to be used in accord-
ance with paragraph (3); and 
‘‘(B) be adopted in accordance with such 
decisionmaking procedures. 
‘‘(6) COMMITTEE DECISIONS.—Decisions made 
by the Committee in accordance with the Commit-
tee’s rules and procedures, once established, are 
binding on all Committee members. 
‘‘(7) COST METHODOLOGY POLICY.— 
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), the Committee may amend the cost 
methodology policy required and previously ap-
proved under section 209 of the Passenger Rail 
Investment and Improvement Act of 2008 (49 
U.S.C. 24101 note). 
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‘‘(B) REVISIONS TO COST METHODOLOGY 
POLICY.— 
‘‘(i) REQUIREMENT
TO
REVISE
AND 
UPDATE.—Subject to the requirements of 
clause (iii), the Committee shall, not later 
than March 31, 2022, update the cost 
methodology policy required and previously 
approved under section 209 of the Pas-
senger Rail Investment and Improvement 
Act of 2008 (49 U.S.C. 24101 note). Such 
update shall be consistent with the prin-
ciples for revision of the Committee pursu-
ant to such section and consistent with any 
subsequent changes to such principles ap-
proved by the Committee. The Committee 
shall implement the updated policy begin-
ning in fiscal year 2023 and shall submit 
to the Committee on Transportation and 
Infrastructure of the House of Representa-
tives and the Committee on Commerce, 
Science, and Transportation of the Senate 
a report documenting and explaining any 
changes to the policy and plans for imple-
mentation not later than 30 days after the 
adoption of the updated policy. 
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‘‘(ii) IMPLEMENTATION
IMPACTS
ON 
FEDERAL FUNDING.—To the extent that a 
policy implemented pursuant to clause (i) 
assigns to Amtrak costs that were pre-
viously allocated to States, Amtrak shall 
request such costs in the general and legis-
lative annual report required by section 
24315 or in any appropriate subsequent 
Federal funding request for the fiscal year 
in which the revised policy is implemented. 
‘‘(iii) PROCEDURES
FOR
CHANGING 
METHODOLOGY.—The rules and proce-
dures implemented under paragraph (5) 
shall include procedures for changing the 
cost methodology policy under this sub-
paragraph, notwithstanding section 209(b) 
of the Passenger Rail Investment and Im-
provement Act (49 U.S.C. 22 24101 note), 
and procedures or broad guidelines for 
conducting financial planning, including 
operating and capital forecasting, report-
ing, and data sharing and governance. 
‘‘(C) REQUIREMENTS.—The cost method-
ology policy shall— 
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‘‘(i) ensure equal treatment in the 
provision of like services of all States and 
groups of States; 
‘‘(ii) assign to each route the costs in-
curred only for the benefit of that route 
and a proportionate share, based upon fac-
tors that reasonably reflect relative use, of 
costs incurred for the common benefit of 
more than 1 route; and 
‘‘(iii) promote increased efficiency in 
Amtrak’s operating and capital activities. 
‘‘(b) INVOICES AND REPORTS.— 
‘‘(1) MONTHLY INVOICE.—Amtrak shall provide 
to each State that sponsors a State-supported route 
a monthly invoice of the cost of operating such 
route, including fixed costs and third-party costs. 
‘‘(2) PLANNING
AND
DEMAND
REPORTS.—A 
State shall provide to the Committee and Amtrak 
planning and demand reports with respect to a 
planned or existing State-supported route. 
‘‘(3) 
FINANCIAL
AND
PERFORMANCE
RE-
PORTS.—The Committee shall require Amtrak to 
provide to the States and the Committee financial 
and performance reports at a frequency, and con-
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taining such information, as determined appropriate 
by the Committee. 
‘‘(c) DISPUTE RESOLUTION.— 
‘‘(1) REQUEST FOR DISPUTE RESOLUTION.—If 
a dispute arises with respect to the rules and proce-
dures implemented under subsection (a)(5), an in-
voice or a report provided under subsection (b), im-
plementation or compliance with the cost method-
ology policy developed under section 209 of the Pas-
senger Rail Investment and Improvement Act of 
2008 (49 U.S.C. 24101 note) or amended under 
subsection (a)(7) of this section, either Amtrak or 
the State may request that the Surface Transpor-
tation Board conduct dispute resolution under this 
subsection. 
‘‘(2) PROCEDURES.—The Surface Transpor-
tation Board shall establish procedures for resolu-
tion of disputes brought before it under this sub-
section, which may include provision of professional 
mediation services. 
‘‘(3) BINDING EFFECT.—A decision of the Sur-
face Transportation Board under this subsection 
shall be binding on the parties to the dispute. 
‘‘(4) OBLIGATION.—Nothing in this subsection 
shall affect the obligation of a State to pay an 
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amount related to a State-supported route that a 
State sponsors that is not in dispute. 
‘‘(d) ASSISTANCE.— 
‘‘(1) IN GENERAL.—The Secretary may provide 
assistance to the parties in the course of negotia-
tions for a contract for operation of a State-sup-
ported route. 
‘‘(2) FINANCIAL
ASSISTANCE.—From among 
available funds, the Secretary shall provide— 
‘‘(A) financial assistance to Amtrak or 1 or 
more States to perform requested independent 
technical analysis of issues before the Com-
mittee; and 
‘‘(B) administrative expenses that the Sec-
retary determines necessary. 
‘‘(e) PERFORMANCE METRICS.—In negotiating a con-
tract for operation of a State-supported route, Amtrak 
and the State or States that sponsor the route shall con-
sider including provisions that provide penalties and incen-
tives for performance, including incentives to— 
‘‘(1) increase revenue; 
‘‘(2) reduce costs; 
‘‘(3) finalize contracts by the beginning of the 
Federal fiscal year; and 
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‘‘(4) require States to promptly make payments 
for services delivered. 
‘‘(f) STATEMENT OF GOALS AND OBJECTIVES.— 
‘‘(1) IN GENERAL.—The Committee shall de-
velop and annually review and update, as necessary, 
a statement of goals, objectives, and associated rec-
ommendations concerning the future of State-sup-
ported routes operated by Amtrak. The statement 
shall identify the roles and responsibilities of Com-
mittee members and any other relevant entities, such 
as host railroads, in meeting the identified goals and 
objectives, or carrying out the recommendations. 
The statement shall include a list of capital projects, 
including infrastructure, fleet, station, and facility 
initiatives, needed to support the growth of State- 
supported routes. The Committee may consult with 
such relevant entities, as the Committee considers 
appropriate, when developing the statement. 
‘‘(2) TRANSMISSION OF STATEMENT OF GOALS 
AND OBJECTIVES.—Not later than March 31 of each 
year, the Committee shall submit to the Committee 
on Commerce, Science, and Transportation of the 
Senate and the Committee on Transportation and 
Infrastructure of the House of Representatives the 
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most recent annual update to the statement devel-
oped under paragraph (1). 
‘‘(g) 
NEW
OR
EXPANDED
STATE-SUPPORTED 
ROUTES.— 
‘‘(1) COORDINATION AND CONSULTATION.—In 
developing a new State-supported route or expand-
ing an existing State-supported route, Amtrak shall 
closely coordinate with all States in which such route 
operates, and shall consult with the following: 
‘‘(A) The local municipalities in which the 
proposed route operates. 
‘‘(B) Commuter authorities and regional 
transportation authorities (as such terms are 
defined in section 24102) in the areas proposed 
to be served by such route. 
‘‘(C) The owner of any rail infrastructure 
over which the proposed route operates. 
‘‘(D) Administrator of the Federal Rail-
road Administration. 
‘‘(E) Other stakeholders, as appropriate. 
‘‘(2) STATE
COMMITMENTS.—Notwithstanding 
any other provision of law, before beginning con-
struction necessary for, or beginning operation of, a 
State-supported route that is initiated or expanded 
on or after the date of enactment of the TRAIN 
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Act, Amtrak shall enter into an agreement with the 
State in which the proposed route operates for shar-
ing ongoing operating costs and capital costs in ac-
cordance with— 
‘‘(A) the cost methodology policy described 
under subsection (a)(7); or 
‘‘(B) the alternative cost methodology 
schedule described in paragraph (3). 
‘‘(3) ALTERNATIVE
COST
METHODOLOGY.— 
Under the cost methodology schedule described in 
this paragraph, with respect to costs not covered by 
revenues for the operation of a State-supported 
route, Amtrak shall pay— 
‘‘(A) the share Amtrak otherwise would 
have paid under the cost methodology under 
subsection (a); and 
‘‘(B) a percentage of the share that the 
State otherwise would have paid under the cost 
methodology policy under subsection (a) accord-
ing to the following: 
‘‘(i) Amtrak shall pay up to 100 per-
cent of the capital costs and planning costs 
necessary to initiate a new State-supported 
route or expand an existing State-sup-
ported route, including planning and devel-
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opment, design, and environmental anal-
ysis costs, prior to beginning operations on 
the new route. 
‘‘(ii) For the first 2 years of oper-
ation, Amtrak shall pay for 100 percent of 
operating costs and capital costs. 
‘‘(iii) For the third year of operation, 
Amtrak shall pay 90 percent of operating 
costs and capital costs and the State shall 
pay the remainder. 
‘‘(iv) For the fourth year of operation, 
Amtrak shall pay 80 percent of operating 
costs and capital costs and the State shall 
pay the remainder 
‘‘(v) For the fifth year of operation, 
Amtrak shall pay 50 percent of operating 
costs and capital costs and the State shall 
pay the remainder. 
‘‘(vi) For the sixth year of operation 
and thereafter, operating costs and capital 
costs shall be allocated in accordance with 
the cost methodology policy described 
under subsection (a) as applicable. 
‘‘(4) DEFINITIONS.—In this subsection, the 
terms ‘capital cost’ and ‘operating cost’ shall apply 
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in the same manner as such terms apply under the 
cost methodology policy developed under subsection 
(a). 
‘‘(h) COST METHODOLOGY UPDATE AND IMPLEMEN-
TATION REPORT.—Not later than 18 months after an up-
dated cost methodology policy required under subsection 
(a)(7)(B) is implemented, the Committee shall submit to 
the Committee on Transportation and Infrastructure of 
the House of Representatives and the Committee on Com-
merce, Science, and Transportation of the Senate a report 
assessing the implementation of the updated policy. 
‘‘(i) IDENTIFICATION OF STATE-SUPPORTED ROUTE 
CHANGES.—Amtrak shall provide an update in the general 
and legislative annual report required by 24315(b) of 
planned or proposed changes to State-supported routes, 
including the introduction of new State-supported routes. 
In identifying routes to be considered planned or proposed 
under this subsection, Amtrak shall— 
‘‘(1) identify the timeframe in which such 
changes could take effect and whether Amtrak has 
entered into a commitment with a State under sub-
section (g)(2); and 
‘‘(2) consult with the Committee and any addi-
tional States in which a planned or proposed route 
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may operate, not less than 120 days before an an-
nual grant request is transmitted to the Secretary. 
‘‘(j) RULE OF CONSTRUCTION.—The decisions of the 
Committee— 
‘‘(1) shall pertain to the rail operations of Am-
trak and related activities of trains operated by Am-
trak on State-sponsored routes; and 
‘‘(2) shall not pertain to the rail operations or 
related activities of services operated by other rail 
carriers on State-supported routes. 
‘‘(k) DEFINITION OF STATE.—In this section, the 
term ‘State’ means any of the 50 States, including the 
District of Columbia, that sponsor or propose to sponsor 
the operation of trains by Amtrak on a State-supported 
route, or a public entity that sponsors or proposes to spon-
sor such operation on such a route.’’. 
SEC. 9210. AMTRAK POLICE DEPARTMENT. 
(a) DEPARTMENT MISSION.—Not later than 180 
days after the date of enactment of this Act, Amtrak shall 
identify the mission of the Amtrak Police Department (in 
this section referred to as the ‘‘Department’’), including 
the scope of the role and priorities of the Department, in 
mitigating risks to and ensuring the safety and security 
of Amtrak passengers, employees, trains, stations, facili-
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ties, and other infrastructure. In identifying such mission, 
Amtrak shall consider— 
(1) the unique needs of maintaining the safety 
and security of Amtrak’s network; and 
(2) comparable passenger rail systems and the 
mission of the police departments of such rail sys-
tems. 
(b) WORKFORCE PLANNING PROCESS.—Not later 
than 120 days after identifying the mission of the Depart-
ment under subsection (a), Amtrak shall develop a work-
force planning process that— 
(1) ensures adequate employment levels and al-
location of sworn and civilian personnel, including 
patrol officers, necessary for fulfilling the Depart-
ment’s mission; and 
(2) sets performance goals and metrics for the 
Department that align with the mission of the De-
partment and monitors and evaluates the Depart-
ment’s progress toward such goals and metrics. 
(c) CONSIDERATIONS.—In developing the workforce 
planning process under subsection (b), Amtrak shall— 
(1) identify critical positions, skills, and com-
petencies necessary for fulfilling the Department’s 
mission; 
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(2) analyze employment levels and ensure 
that— 
(A) an adequate number of civilian and 
sworn personnel are allocated across the De-
partment’s 6 geographic divisions, including pa-
trol officers, detectives, canine units, special op-
erations unit, strategic operations, intelligence, 
corporate security, the Office of Professional 
Responsibilities, and the Office of Chief of Po-
lices; and 
(B) patrol officers have an adequate pres-
ence on trains and route segments, and in sta-
tions, facilities, and other infrastructure; 
(3) analyze workforce gaps and develop strate-
gies to address any such gaps; 
(4) consider risks, including those identified by 
Amtrak’s triannual risk assessments; 
(5) consider variables, including ridership levels, 
miles of right-of-way, crime data, call frequencies, 
interactions with vulnerable populations, and work-
load, that comparable passenger rail systems with 
similar police departments consider in the develop-
ment of the workforce plans of such systems; and 
(6) consider collaboration or coordination with 
local, State, Tribal, and Federal agencies, and public 
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transportation agencies to support the safety and se-
curity of the Amtrak network. 
(d) CONSULTATION.—In carrying out this section, 
Amtrak shall consult with the Amtrak Police Labor Com-
mittee, public safety experts, foreign or domestic entities 
providing passenger rail service comparable to Amtrak, 
and any other relevant entities, as determined by Amtrak. 
(e) REPORTS.— 
(1) REPORT ON MISSION OF DEPARTMENT.— 
Not later than 10 days after Amtrak identifies the 
mission of the Department under subsection (a), 
Amtrak shall submit to the Committee on Transpor-
tation and Infrastructure of the House of Represent-
atives and the Committee on Commerce, Science, 
and Transportation of the Senate a report con-
taining a description of the mission of the Depart-
ment and the reasons for the content of such mis-
sion. 
(2) REPORT ON WORKFORCE PLANNING PROC-
ESS.—Not later than 10 days after Amtrak com-
pletes the workforce planning process under sub-
section (b), Amtrak shall submit to the Committee 
on Transportation and Infrastructure of the House 
of Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate a report 
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containing the workforce planning process, the un-
derlying data used to develop such process, and how 
such process will achieve the Department’s mission. 
SEC. 9211. AMTRAK FOOD AND BEVERAGE. 
(a) AMTRAK FOOD AND BEVERAGE.—Section 24321 
of title 49, United States Code, is amended to read as 
follows: 
‘‘§ 24321. Amtrak food and beverage 
‘‘(a) ENSURING ACCESS TO FOOD AND BEVERAGE 
SERVICES.—On all long-distance routes, Amtrak shall en-
sure that all passengers who travel overnight on such 
route shall have access to purchasing the food and bev-
erages that are provided to sleeping car passengers on 
such route. 
‘‘(b) FOOD AND BEVERAGE WORKFORCE.— 
‘‘(1) 
WORKFORCE
REQUIREMENT.—Amtrak 
shall ensure that any individual onboard a train who 
prepares or provides food and beverages is an Am-
trak employee. 
‘‘(2) SAVINGS CLAUSE.—No Amtrak employee 
holding a position as of the date of enactment of the 
TRAIN Act may be involuntarily separated because 
of any action taken by Amtrak to implement this 
section, including any employees who are furloughed 
as a result of the COVID–19 pandemic. 
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‘‘(c) SAVINGS CLAUSE.—Amtrak shall ensure that no 
Amtrak employee holding a position as of the date of en-
actment of the Passenger Rail Reform and Investment Act 
of 2015 is involuntarily separated because of the develop-
ment and implementation of the plan required by the 
amendments made by section 11207 of such Act.’’. 
(b) TECHNICAL AND CONFORMING AMENDMENTS.— 
(1) ANALYSIS.—The item relating to section 
24321 in the analysis for chapter 243 of title 49, 
United States Code, is amended to read as follows: 
‘‘24321. Amtrak food and beverage.’’. 
(2) AMTRAK AUTHORITY.—Section 24305(c)(4) 
of title 49, United States Code, is amended by strik-
ing ‘‘only if revenues from the services each year at 
least equal the cost of providing the services’’. 
(3) CONTRACTING OUT.—Section 121(c) of the 
Amtrak Reform and Accountability Act of 1997 (49 
U.S.C. 24312 note; 111 Stat. 2574) is amended by 
striking ‘‘, other than work related to food and bev-
erage service,’’. 
(c) AMTRAK
FOOD
AND
BEVERAGE
WORKING 
GROUP.— 
(1) ESTABLISHMENT.—Not later than 90 days 
after the date of enactment of this Act, Amtrak shall 
establish a working group (in this subsection re-
ferred to as the ‘‘Working Group’’) to provide rec-
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ommendations on Amtrak onboard food and bev-
erage services. 
(2) MEMBERSHIP.—The Working Group shall 
consist of— 
(A) an equal number of individuals rep-
resenting— 
(i) Amtrak; 
(ii) 
the 
labor 
organizations 
rep-
resenting Amtrak employees who prepare 
or provide onboard food and beverage serv-
ices; 
(iii) the State-Supported Route Com-
mittee established by section 24712; and 
(iv) 
nonprofit 
organizations 
rep-
resenting Amtrak passengers; and 
(B) an individual with culinary or hospi-
tality expertise agreed to by the members under 
clauses (i) through (iv) of subparagraph (A). 
(3) RECOMMENDATIONS.— 
(A) IN
GENERAL.—The Working Group 
shall develop recommendations to increase rid-
ership and improve customer satisfaction by— 
(i) promoting collaboration and en-
gagement between Amtrak, Amtrak pas-
sengers, and Amtrak employees preparing 
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or providing onboard food and beverage 
services, prior to Amtrak implementing 
changes to onboard food and beverage 
services; 
(ii) improving onboard food and bev-
erage services; and 
(iii) improving solicitation, reception, 
and consideration of passenger feedback 
regarding onboard food and beverage serv-
ices. 
(B) CONSIDERATIONS.—In developing the 
recommendations under subparagraph (A), the 
Working Group shall consider— 
(i) the healthfulness of onboard food 
and beverages offered, including the ability 
of passengers to address dietary restric-
tions; 
(ii) the preparation and delivery of on-
board food and beverages; 
(iii) the differing needs of passengers 
traveling on long-distance routes, State- 
supported routes, and the Northeast Cor-
ridor; 
(iv) the reinstatement of the dining 
car service on long-distance routes; 
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(v) Amtrak passenger survey data 
about the food and beverages offered on 
Amtrak trains; and 
(vi) any other issue the Working 
Group determines appropriate. 
(4) REPORTS.— 
(A) INITIAL
REPORT.—Not later than 1 
year after the date on which the Working 
Group is established, the Working Group shall 
submit to the Board of Directors of Amtrak, 
the Committee on Transportation and Infra-
structure of the House of Representatives, and 
the Committee on Commerce, Science, and 
Transportation of the Senate a report con-
taining the recommendations developed under 
paragraph (3). 
(B) SUBSEQUENT
REPORT.—Not later 
than 30 days after the date on which the Work-
ing Group submits the report required under 
subparagraph (A), Amtrak shall submit to the 
Committee on Transportation and Infrastruc-
ture of the House of Representatives and the 
Committee on Commerce, Science, and Trans-
portation of the Senate a report on whether 
Amtrak agrees with the recommendations of the 
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Working Group and describing any plans to im-
plement such recommendations. 
(5) PROHIBITION
ON
FOOD
AND
BEVERAGE 
SERVICE CHANGES.—During the period beginning on 
the date of enactment of this Act and ending 30 
days after the date on which Amtrak submits the re-
port required under paragraph (4)(B), Amtrak may 
not make large-scale, structural changes to existing 
onboard food and beverage services, except that Am-
trak shall reverse any changes to onboard food and 
beverage service made in response to the COVID–19 
pandemic as Amtrak service is restored. 
(6) TERMINATION.—The Working Group shall 
terminate on the date on which Amtrak submits the 
report required under paragraph (4)(B), except that 
Amtrak may extend such date by up to 1 year if 
Amtrak determines that the Working Group is bene-
ficial to Amtrak in making decisions related to on-
board food and beverage services. If Amtrak extends 
such date, Amtrak shall include notification of the 
extension in the report required under paragraph 
(4)(B). 
(7) NONAPPLICABILITY OF FEDERAL ADVISORY 
COMMITTEE ACT.—The Federal Advisory Committee 
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Act (5 U.S.C. App.) does not apply to the Working 
Group established under this section. 
(8) LONG-DISTANCE ROUTE; NORTHEAST COR-
RIDOR; AND STATE-SUPPORTED ROUTE DEFINED.— 
In this subsection, the terms ‘‘long-distance route’’, 
‘‘Northeast Corridor’’, and ‘‘State-supported route’’ 
have the meaning given those terms in section 
24102 of title 49, United States Code. 
SEC. 9212. CLARIFICATION ON AMTRAK CONTRACTING 
OUT. 
(a) FURLOUGHED WORK.—Section 121 of the Am-
trak Reform and Accountability Act of 1997 (49 U.S.C. 
24312 note; 111 Stat. 2574) is amended by striking sub-
section (d) and inserting the following: 
‘‘(d) FURLOUGHED WORK.—Amtrak may not con-
tract out work within the scope of work performed by an 
employee in a bargaining unit covered by a collective bar-
gaining agreement entered into between Amtrak and an 
organization representing Amtrak employees during the 
period of time such employee has been laid off involun-
tarily if such employee— 
‘‘(1) is eligible and qualified under the agree-
ment to perform such work in accordance with the 
seniority of such employee; and 
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‘‘(2) has not been provided an opportunity to be 
recalled to perform such work. 
‘‘(e) AGREEMENT PROHIBITIONS ON CONTRACTING 
OUT.—This section does not— 
‘‘(1) supersede a prohibition or limitation on 
contracting out work covered by an agreement en-
tered into between Amtrak and an organization rep-
resenting Amtrak employees; or 
‘‘(2) prohibit Amtrak and an organization rep-
resenting Amtrak employees from entering into an 
agreement that allows for contracting out the work 
of a furloughed employee that would otherwise be 
prohibited under subsection (d).’’. 
(b) WORKFORCE PLAN.—Section 24320(c)(2) of title 
49, United State Code, is amended— 
(1) in subparagraph (C)(iii)(III) by striking 
‘‘and’’ at the end; 
(2) by redesignating subparagraph (D) as sub-
paragraph (E); and 
(3) by inserting after subparagraph (C) the fol-
lowing: 
‘‘(D) a summary of Amtrak’s plan to meet 
the workforce needs of each asset category, 
which shall— 
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‘‘(i) identify any gaps in Amtrak’s 
workforce, including any vacancy, skill gap, 
or shortage of qualified personnel; 
‘‘(ii) summarize any action Amtrak is 
taking to address any such gaps; and 
‘‘(iii) 
summarize 
any 
anticipated 
change to the size of the Amtrak workforce 
and any cause for such change; and’’. 
SEC. 9213. AMTRAK STAFFING. 
Section 24312 of title 49, United States Code, is 
amended by adding at the end the following: 
‘‘(c) CALL CENTER STAFFING.— 
‘‘(1) OUTSOURCING.—Amtrak may not renew 
or enter into a contract to outsource call center cus-
tomer service work on behalf of Amtrak, including 
through a business process outsourcing group. 
‘‘(2) TRAINING.—Amtrak shall make available 
appropriate training programs to any Amtrak call 
center employee carrying out customer service activi-
ties using telephone or internet platforms. 
‘‘(d) STATION AGENT STAFFING.— 
‘‘(1) IN GENERAL.—Amtrak shall ensure that 
at least one Amtrak ticket agent is employed at each 
station building where at least one Amtrak ticket 
agent was employed on or after October 1, 2017. 
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‘‘(2) LOCATIONS.—Amtrak shall ensure that at 
least one Amtrak ticket agent is employed at each 
station building— 
‘‘(A) that Amtrak owns, or operates service 
through, as part of a passenger service route; 
and 
‘‘(B) for which the number of passengers 
boarding or deboarding an Amtrak long-dis-
tance train in the previous fiscal year exceeds 
the average of at least 40 passengers per day 
over all days in which the station was serviced 
by Amtrak, regardless of the number of Amtrak 
vehicles servicing the station per day. For fiscal 
year 2021, ridership from fiscal year 2019 shall 
be used to determine qualifying stations. 
‘‘(3) EXCEPTION.—This subsection does not 
apply to any station building in which a commuter 
rail ticket agent has the authority to sell Amtrak 
tickets. 
‘‘(4) AMTRAK TICKET AGENT.—For purposes of 
this section, the term ‘Amtrak ticket agent’ means 
an Amtrak employee with authority to sell Amtrak 
tickets onsite and assist in the checking of Amtrak 
passenger baggage. 
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‘‘(5) EFFECTIVE DATE.—This subsection shall 
take effect on the earlier of— 
‘‘(A) the date of the expiration of the 
emergency declaration issued by the President 
on March 13, 2020, pursuant to section 501(b) 
of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5191(b)); 
or 
‘‘(B) the day after the period that is the 
first 6 consecutive months within a calendar 
year for which Amtrak ridership exceeds the 
Amtrak ridership for the same 6 consecutive 
calendar months in 2019.’’. 
SEC. 9214. SPECIAL TRANSPORTATION. 
Section 24307(a) of title 49, United States Code, is 
amended— 
(1) in the matter preceding paragraph (1) by 
striking ‘‘for the following:’’ and inserting ‘‘of at 
least a 10 percent discount on full-price coach class 
rail fares for, at a minimum—’’; 
(2) in paragraph (1) by striking the period at 
the end and inserting a semicolon; and 
(3) by striking paragraph (2) and inserting the 
following: 
‘‘(2) individuals of 12 years of age or younger; 
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‘‘(3) individuals with a disability, as such term 
is defined in section 3 of the Americans with Dis-
abilities Act of 1990 (42 U.S.C. 12102); 
‘‘(4) members of the Armed Forces on active 
duty (as those terms are defined in section 101 of 
title 10) and their spouses and dependents with valid 
identification; 
‘‘(5) veterans (as that term is defined in section 
101 of title 38) with valid identification; and 
‘‘(6) individuals attending federally accredited 
postsecondary education institutions with valid stu-
dent identification cards.’’. 
SEC. 9215. DISASTER AND EMERGENCY RELIEF PROGRAM. 
(a) IN GENERAL.—Chapter 243 of title 49, United 
States Code, is further amended by adding at the end the 
following: 
‘‘§ 24324. Disaster and emergency relief program 
‘‘(a) IN GENERAL.—The Secretary of Transportation 
may make grants to Amtrak for— 
‘‘(1) capital projects to repair, reconstruct, or 
replace equipment, infrastructure, stations, and 
other facilities that the Secretary determines are in 
danger of suffering serious damage, or have suffered 
serious damage, as a result of an emergency event; 
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‘‘(2) offset revenue lost as a result of such an 
event; and 
‘‘(3) support continued operations following 
emergency events. 
‘‘(b) COORDINATION
OF
EMERGENCY
FUNDS.— 
Funds made available to carry out this section shall be 
in addition to any other funds available and shall not af-
fect the ability of Amtrak to use any other funds otherwise 
authorized by law. 
‘‘(c) GRANT CONDITIONS.—Grants made under this 
subsection (a) shall be subject to section 22905(c)(2)(A) 
and other such terms and conditions as the Secretary de-
termines necessary. 
‘‘(d) DEFINITION OF EMERGENCY EVENT.—In this 
section, the term ‘emergency event’ has the meaning given 
such term in section 20103.’’. 
(b) CLERICAL AMENDMENT.—The analysis for chap-
ter 243 of title 49, United States Code, is further amend-
ed by adding at the end the following: 
‘‘24324. Disaster and emergency relief program.’’. 
SEC. 9216. ACCESS TO RECREATIONAL TRAILS. 
Section 24315 of title 49, United States Code, is 
amended by adding at the end the following: 
‘‘(i) ACCESS TO RECREATIONAL TRAILS.—At least 
30 days before implementing a new policy, structure, or 
operation that impedes access to recreational trails, Am-
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trak shall work with potentially affected communities, 
making a good-faith effort to address local concerns about 
such access. Not later than February 15 of each year, Am-
trak shall submit to the Committee on Transportation and 
Infrastructure of the House of Representatives and the 
Committee on Environment and Public Works of the Sen-
ate a report on any such engagement in the preceding cal-
endar year, and any changes to policies, structures, or op-
erations affecting access to recreational trails that were 
considered or made as a result. The report shall include 
Amtrak’s plans to mitigate the impact to such access.’’. 
SEC. 9217. AMTRAK CYBERSECURITY ENHANCEMENT AND 
RESILIENCY GRANT PROGRAM. 
(a) IN GENERAL.—Chapter 243 of title 49, United 
States Code, is further amended by adding at the end the 
following: 
‘‘§ 24325. Amtrak cybersecurity enhancement and re-
siliency grant program 
‘‘(a) IN GENERAL.—The Secretary of Transportation 
shall make grants to Amtrak for improvements in infor-
mation technology systems, including cyber resiliency im-
provements for Amtrak information technology assets. 
‘‘(b) APPLICATION OF BEST PRACTICES.—Any cyber 
resiliency improvements carried out with a grant under 
this section shall be consistent with cybersecurity industry 
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best practices and publications issued by the National In-
stitute of Standards and Technology. 
‘‘(c) COORDINATION OF CYBERSECURITY FUNDS.— 
Funds made available to carry out this section shall be 
in addition to any other Federal funds and shall not affect 
the ability of Amtrak to use any other funds otherwise 
authorized by law for purposes of enhancing the cyberse-
curity architecture of Amtrak. 
‘‘(d) GRANT CONDITIONS.—In carrying out this sec-
tion— 
‘‘(1) to the extent practicable, the Secretary 
shall provide grants consistent with the process es-
tablished under section 24319; 
‘‘(2) the Secretary shall ensure that a grant 
made available under this section shall be adminis-
tered and disbursed as part of Amtrak’s annual 
grant 
agreement 
as 
authorized 
by 
section 
24319(d)(1)(B); and 
‘‘(3) a grant made under this section shall be 
subject to such terms and conditions as the Sec-
retary determines necessary.’’. 
(b) CLERICAL AMENDMENT.—The analysis for chap-
ter 243 of title 49, United States Code, is further amend-
ed by adding at the end the following: 
‘‘24325. Amtrak cybersecurity enhancement and resiliency grant program.’’. 
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SEC. 9218. AMTRAK AND PRIVATE CARS. 
(a) SENSE OF CONGRESS.—It is the sense of Con-
gress that private cars and charter trains can— 
(1) improve Amtrak’s financial performance, 
particularly on the long-distance routes; 
(2) have promotional value for Amtrak that re-
sults in future travel on Amtrak trains by pas-
sengers made aware of Amtrak as a result; 
(3) support private-sector jobs, including for 
mechanical work and on-board services; and 
(4) provide good-will benefits to Amtrak. 
(b) POLICY REVIEW.—Amtrak shall review the policy 
changes since January 1, 2018, that have caused signifi-
cant changes to the relationship between Amtrak and pri-
vate car owners and charter train services and evaluate 
opportunities to strengthen these services, including by re-
instating some access points and restoring flexibility to 
charter-train policies. For charter trains, private cars, and 
package express carried on regular Amtrak trains, con-
sistent with sound business practice, Amtrak should re-
cover direct costs plus a reasonable profit margin. 
SEC. 9219. AMTRAK OFFICE OF COMMUNITY OUTREACH. 
(a) IN GENERAL.—Chapter 243 of title 49, United 
States Code, is further amended by adding at the end the 
following new section: 
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‘‘§ 24326. Amtrak Office of Community Outreach 
‘‘(a) IN GENERAL.—Not later than 180 days after 
the date of enactment of the TRAIN Act, Amtrak shall 
establish an Office of Community Outreach to engage with 
communities impacted by Amtrak operations. 
‘‘(b) RESPONSIBILITIES.—The Office of Community 
Outreach shall be responsible for— 
‘‘(1) outreach and engagement with— 
‘‘(A) local officials before capital improve-
ment project plans are finalized; and 
‘‘(B) local stakeholders and relevant orga-
nizations on projects of community significance; 
‘‘(2) clear explanation and publication of how 
community members can communicate with Amtrak; 
‘‘(3) the use of virtual public involvement, social 
media, and other web-based tools to encourage pub-
lic participation and solicit public feedback; and 
‘‘(4) making publicly available on the website of 
Amtrak, planning documents for proposed and im-
plemented capital improvement projects. 
‘‘(c) REPORT TO CONGRESS.—Not later than 1 year 
after the establishment of the Office of Community Out-
reach, and annually thereafter, Amtrak shall submit to the 
Committee on Transportation and Infrastructure in the 
House of Representatives and the Committee on Com-
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merce, Science, and Transportation of the Senate a report 
that— 
‘‘(1) describes the community outreach efforts 
undertaken by the Amtrak Office of Community 
Outreach for the previous year; and 
‘‘(2) identifies changes Amtrak made to capital 
improvement project plans after engagement with af-
fected communities.’’. 
(b) CLERICAL AMENDMENT.—The analysis for chap-
ter 243 of title 49, United States Code, is further amend-
ed by adding at the end the following: 
‘‘24326. Amtrak Office of Community Outreach.’’. 
SEC. 9220. LONG-DISTANCE CUSTOMER ENHANCEMENT 
PROGRAM. 
(a) AUTHORIZATION.—Amtrak shall expend not less 
than 2.5 percent of the amounts appropriated in each fis-
cal year pursuant to section 9101(a)(2) to enhance the 
customer experience on Amtrak long-distance routes. 
(b) ELIGIBILITY.—Projects and initiatives to serve 
the following purposes, including planning and develop-
ment, are eligible to be implemented by Amtrak under this 
section: 
(1) Rolling stock interior refreshes and rede-
signs. 
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(2) Food and beverage service improvements 
consistent with section 24321 of title 49, United 
States Code. 
(3) Wi-Fi service expansion and improvement. 
(4) Enhanced customer experience at stations. 
(5) Other customer enhancement initiatives de-
veloped by Amtrak, including initiatives developed in 
accordance with subsection (c). 
(c) CONSULTATION.—Not later than 90 days after 
the date of enactment of this Act, and subsequently on 
a periodic basis, Amtrak shall consult with appropriate 
States, local governments, labor organizations rep-
resenting railroad employees, and national associations 
that represent rail passengers on ways to enhance the cus-
tomer experience on long-distance routes. 
(d) USE OF FUNDS FOR OTHER PURPOSES.—Am-
trak may use funds provided under this section for pur-
poses related to long-distance route service other than 
those listed in subsection (b) if— 
(1) Amtrak determines the use of funds is nec-
essary to— 
(A) improve the safety of long-distance 
route operations; or 
(B) maintain continued operation or serv-
ice levels of any such route; and 
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(2) not later than 10 days of the repurposing 
of such funds, Amtrak submits to the Secretary, the 
Committee on Transportation and Infrastructure 
and the Committee on Appropriations of the House 
of Representatives, and the Committee on Com-
merce, Science, and Transportation, and the Com-
mittee on Appropriations of the Senate, a report 
that includes— 
(A) the amount of funds repurposed for a 
use described in this subsection, and 
(B) the reason for the repurposing of such 
funds. 
(e) LONG-DISTANCE ROUTE DEFINED.—In this sec-
tion, the term ‘‘long-distance route’’ has the meaning 
given the term in section 24102 of title 49, United States 
Code. 
SEC. 9221. AMTRAK CARBON-FREE AND RENEWABLE EN-
ERGY INITIATIVES. 
(a) IN GENERAL.—Chapter 243 of title 49, United 
States Code, is further amended by adding at the end the 
following new section: 
‘‘§ 24327. Amtrak carbon-free and renewable energy 
initiatives 
‘‘(a) EMISSIONS REDUCTION AND ENERGY PLAN.— 
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‘‘(1) IN GENERAL.—Not later than 1 year after 
the date of enactment of the TRAIN Act, Amtrak 
shall— 
‘‘(A) develop a greenhouse gas emissions 
reduction and energy plan that sets forth a goal 
of, a strategy for achieving, and potential 
timelines and funding requirements for— 
‘‘(i) becoming a net-zero carbon emis-
sions transportation provider; and 
‘‘(ii) achieving net-zero carbon emis-
sions with respect to Amtrak operations 
within the Northeast Corridor; 
‘‘(B) submit the plan to the Secretary of 
Transportation, the Committee on Transpor-
tation and Infrastructure of the House of Rep-
resentatives, and the Committee on Commerce, 
Science, and Transportation of the Senate; and 
‘‘(C) publish the plan on Amtrak’s website. 
‘‘(2) ADDITIONAL
REQUIREMENTS.—The plan 
developed under paragraph (1) shall contain— 
‘‘(A) at least 1 option for becoming a net- 
zero carbon emissions transportation provider 
not later than January 1, 2035; and 
‘‘(B) at least 1 option for achieving net- 
zero carbon emissions with respect to Amtrak 
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operations within the Northeast Corridor not 
later than January 1, 2030. 
‘‘(3) ANNUAL PROGRESS REPORTS.— 
‘‘(A) IN GENERAL.—After submission and 
publication of the plan developed under para-
graph (1), Amtrak shall include in each general 
and legislative annual report required under 
section 24315(b), an update on Amtrak’s 
progress towards— 
‘‘(i) becoming a net-zero carbon emis-
sions transportation provider; and 
‘‘(ii) achieving net-zero carbon emis-
sions with respect to Amtrak operations 
within the Northeast Corridor. 
‘‘(B) LEGISLATIVE RECOMMENDATIONS.— 
The update required under subparagraph (A) 
may include recommendations for legislative 
changes or changes to funding levels likely to 
increase the rate of Amtrak’s progress. 
‘‘(b) CARBON-FREE
AND
RENEWABLE
ENERGY 
USE.— 
‘‘(1) ENERGY
SOURCE
REQUIREMENT.—Not 
later than 180 days after the date of enactment of 
the TRAIN Act, Amtrak shall ensure that any new 
or renewed contract between Amtrak and a provider 
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of electricity that is used to meet the needs of train 
traction power or rail facility power requires that an 
amount equal to or greater that 25 percent of such 
electricity is derived from carbon-free or renewable 
energy sources. 
‘‘(2) INCREASED
ENERGY
SOURCE
GOALS.— 
Amtrak shall establish goals for increasing the en-
ergy source requirements described in paragraph 
(1), including a goal of requiring— 
‘‘(A) at least 50 percent of electricity de-
rived from such sources for new or renewed 
contracts entered into beginning 5 years after 
the date of enactment of the TRAIN Act; and 
‘‘(B) 100 percent of electricity derived 
from such sources for new or renewed contracts 
entered into on or after January 1, 2030. 
‘‘(3) EXCEPTIONS.—The requirements of para-
graph (1) shall not apply in any case in which— 
‘‘(A) no provider of electricity is able to 
provide the necessary levels of carbon-free or 
renewable energy; 
‘‘(B) compliance with such requirements 
would adversely affect Amtrak’s operations or 
quality of service to an unreasonable degree; or 
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‘‘(C) compliance with such requirements 
would cause an increase of at least 50 percent 
in total cost of electricity, as compared to the 
total cost of electricity Amtrak would otherwise 
have acquired. 
‘‘(4) REPORT.—Not later than 1 year after the 
date of enactment of the TRAIN Act, Amtrak shall 
submit to the Committee on Transportation and In-
frastructure of the House of Representatives and the 
Committee on Commerce, Science, and Transpor-
tation of the Senate a report that identifies opportu-
nities to further increase Amtrak’s use of carbon- 
free and renewable energy for train traction power 
needs and facility power needs.’’. 
(b) CLERICAL AMENDMENT.—The analysis for chap-
ter 243 of title 49, United States Code, is further amend-
ed by adding at the end the following: 
‘‘24327. Amtrak carbon-free and renewable energy initiatives.’’. 
TITLE III—INTERCITY 
PASSENGER RAIL POLICY 
SEC. 9301. NORTHEAST CORRIDOR COMMISSION. 
Section 24905 of title 49, United States Code, is 
amended— 
(1) in subsection (a)(1)— 
(A) in subparagraph (A) by striking 
‘‘members’’ and inserting ‘‘4 members’’; 
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(B) in subparagraph (B) by striking 
‘‘members’’ and inserting ‘‘5 members’’; and 
(C) in subparagraph (D) by striking ‘‘and 
commuter railroad carriers using the Northeast 
Corridor selected by the Secretary’’ and insert-
ing ‘‘railroad carriers and commuter authorities 
using the Northeast Corridor, as determined by 
the Commission’’; 
(2) by striking paragraph (2) of subsection (a) 
and inserting the following: 
‘‘(2) At least two of the members described in 
paragraph (1)(B) shall be career appointees, as such 
term is defined in section 3132(a) of title 5.’’; 
(3) in subsection (b)(3)(B)— 
(A) in clause (i) by inserting ‘‘, including 
ridership trends,’’ before ‘‘along the Northeast 
Corridor’’; 
(B) in clause (ii) by striking ‘‘capital in-
vestment plan described in section 24904.’’ and 
inserting ‘‘first year of the capital investment 
plan described in section 24904; and’’; and 
(C) by adding at the end the following: 
‘‘(iii) progress in assessing and elimi-
nating the state-of-good-repair backlog.’’; 
(4) in subsection (c)— 
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(A) by striking ‘‘(1) DEVELOPMENT’’ and 
all that follows through ‘‘standardized policy’’ 
and inserting the following: 
‘‘(1) POLICY.—The Commission shall— 
‘‘(A) maintain and update, as appropriate, 
the ‘Northeast Corridor Commuter and Inter-
city Rail Cost Allocation Policy’ approved on 
September 17, 2015,’’; 
(B) in paragraph (1)— 
(i) in subparagraph (B) by striking ‘‘a 
proposed timetable for implementing’’ and 
inserting ‘‘timetables for implementing and 
maintaining’’; 
(ii) in subparagraph (C) by striking 
‘‘the policy and the timetable’’ and insert-
ing ‘‘updates to the policy and the time-
tables’’; and 
(iii) by striking subparagraph (D) and 
inserting the following: 
‘‘(D) support the efforts of the members of 
the Commission to implement the policy in ac-
cordance with such timetables; and’’; 
(C) in paragraph (2)— 
(i) by striking the first sentence and 
inserting ‘‘In accordance with the time-
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table developed in paragraph (1), Amtrak 
and commuter authorities on the North-
east Corridor shall implement the policy 
developed under paragraph (1) in agree-
ments for usage of facilities or services.’’; 
(ii) by striking ‘‘fail to implement 
such new agreements’’ and inserting ‘‘fail 
to implement the policy’’; and 
(iii) by striking ‘‘paragraph (1)(A), as 
applicable’’ and inserting ‘‘paragraph (1)’’; 
and 
(D) in paragraph (4) by striking ‘‘public 
authorities providing commuter rail passenger 
transportation’’ and inserting ‘‘commuter au-
thorities’’; 
(5) by striking subsection (d); 
(6) by redesignating subsection (e) as sub-
section (d); and 
(7) in paragraph (1)(D) of subsection (d) (as 
redesignated by paragraph (6)) by striking ‘‘com-
muter rail agencies’’ and inserting ‘‘commuter au-
thorities’’. 
SEC. 9302. NORTHEAST CORRIDOR PLANNING. 
(a) IN GENERAL.—Section 24904 of title 49, United 
States Code, is amended— 
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(1) by redesignating subsection (e) as sub-
section (f); 
(2) by striking subsection (c); 
(3) by redesignating subsections (a) and (b) as 
subsections (b) and (c), respectively; 
(4) by inserting before subsection (b), as so re-
designated, the following: 
‘‘(a) SERVICE DEVELOPMENT PLAN.— 
‘‘(1) REQUIREMENT.—Not later than December 
31, 2021, the Northeast Corridor Commission estab-
lished under section 24905 (referred to in this sec-
tion as the ‘Commission’) shall submit to Congress 
a service development plan that identifies key state- 
of-good-repair, capacity expansion, and capital im-
provement projects planned for the Northeast Cor-
ridor, to upgrade aging infrastructure and improve 
the reliability, capacity, connectivity, performance, 
and resiliency of passenger rail service on the North-
east Corridor. 
‘‘(2) CONTENTS.—The service development plan 
required under paragraph (1) shall— 
‘‘(A) provide a coordinated and consensus- 
based plan covering a period of 15 years; 
‘‘(B) identify service objectives and capital 
investments needs; 
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‘‘(C) provide a delivery-constrained strat-
egy that identifies capital investment phasing, 
an evaluation of workforce needs, and strategies 
for managing resources and mitigating con-
struction impacts on operations; 
‘‘(D) describe the anticipated outcomes of 
each project or program, including an assess-
ment of improved capacity, travel time, and 
other benefits and costs of proposed invest-
ments; 
‘‘(E) include a financial strategy that in-
corporates available funding and identifies 
funding needs and potential sources of such 
funding; and 
‘‘(F) be updated at least every 5 years.’’; 
(5) in subsection (b) (as redesignated by para-
graph (3))— 
(A) in paragraph (1)— 
(i) in the matter preceding subpara-
graph (A) by striking ‘‘Not later than’’ 
and all that follows through ‘‘shall’’ and 
inserting ‘‘Not later than November 1 of 
each year, the Commission shall’’; 
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(ii) in subparagraph (A) by striking 
‘‘a capital investment plan’’ and inserting 
‘‘an annual capital investment plan’’; and 
(iii) in subparagraph (B) by inserting 
‘‘for the Northeast Corridor’’ after ‘‘capital 
investment plan’’; 
(B) in paragraph (2)— 
(i) in subparagraph (A) by striking 
‘‘and network optimization’’; 
(ii) in subparagraph (B) by striking 
‘‘and service’’; 
(iii) in subparagraph (C) by striking 
‘‘first fiscal year after the date on which’’ 
and inserting ‘‘fiscal year during which’’; 
(iv) in subparagraph (D)— 
(I) 
by 
striking 
‘‘identify, 
prioritize,’’ 
and 
all 
that 
follows 
through ‘‘and consider’’ and inserting 
‘‘document the projects and programs 
being undertaken to achieve the serv-
ice outcomes identified in the North-
east Corridor service development 
plan, once available, and the asset 
condition needs identified in the 
Northeast Corridor asset management 
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system described in subsection (e) and 
consider’’; and 
(II) in clause (i) by inserting 
‘‘overall estimated’’ before ‘‘benefits’’; 
(v) in subparagraph (E)(i) by striking 
‘‘normalized capital replacement and’’; 
(vi) in subparagraph (F) by adding 
‘‘and’’ at the end; 
(vii) by striking subparagraph (G); 
and 
(viii) by redesignating subparagraph 
(H) as subparagraph (G); and 
(C) in paragraph (3)— 
(i) by striking ‘‘paragraph (2)(H)’’ 
and inserting ‘‘paragraph (2)(G)’’; 
(ii) in subparagraph (A)— 
(I) by inserting ‘‘anticipated’’ be-
fore ‘‘funding sources’’; and 
(II) by inserting ‘‘and, in the ab-
sence of an authorization or appro-
priation of funds for a fiscal year, be 
based on the amount of funding avail-
able in the previous fiscal year, plus 
inflation’’ after ‘‘methods’’; 
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(iii) in subparagraph (B) by striking 
‘‘expected allocated shares of costs’’ and 
inserting ‘‘status of cost sharing agree-
ments’’; 
(iv) in subparagraph (C) by striking 
‘‘and’’ at the end; 
(v) by redesignating subparagraph 
(D) as subparagraph (E); and 
(vi) by inserting after subparagraph 
(C) the following: 
‘‘(D) include any funding needs in excess 
of amounts authorized or otherwise available in 
a fiscal year; and’’; 
(6) in subsection (c) (as redesignated by para-
graph (3)) by striking ‘‘may be spent only on’’ and 
all that follows through the end and inserting ‘‘may 
be spent only on capital projects and programs con-
tained in the Commission’s capital investment plan 
from the previous year.’’; and 
(7) by striking subsection (d) and inserting the 
following: 
‘‘(d) REVIEW AND COORDINATION.—The Commis-
sion shall gather information from Amtrak, the States in 
which the Northeast Corridor is located, and commuter 
rail authorities to support development of the capital in-
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vestment plan. The Commission may specify a format and 
other criteria for the information submitted. Submissions 
to the plan from Amtrak, States in which the Northeast 
Corridor are located, and commuter rail authorities shall 
be provided to the Commission in a manner that allows 
for a reasonable period of review by, and coordination 
with, affected agencies. 
‘‘(e) 
NORTHEAST
CORRIDOR
ASSET
MANAGE-
MENT.—With regard to existing infrastructure, Amtrak 
and other infrastructure owners that provide or support 
intercity rail passenger transportation on the Northeast 
Corridor shall develop an asset management system, and 
use and update such system as necessary, to develop sub-
missions to the Northeast Corridor capital investment 
plan described in subsection (b). Such system shall— 
‘‘(1) be timed consistent with the Federal Tran-
sit Administration process, as authorized under sec-
tion 5326, when implemented; and 
‘‘(2) include, at a minimum— 
‘‘(A) an inventory of all capital assets 
owned by the developer of the plan; 
‘‘(B) an assessment of asset condition; 
‘‘(C) a description of the resources and 
processes necessary to bring or maintain those 
assets in a state of good repair; and 
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‘‘(D) a description of changes in asset con-
dition since the previous version of the plan.’’. 
(b) CONFORMING AMENDMENTS.— 
(1) ACCOUNTS.—Section 24317(d)(1) of title 
49, United States Code, is amended— 
(A) in subparagraph (B) by striking 
‘‘24904(a)(2)(E)’’ 
and 
inserting 
‘‘24904(b)(2)(E)’’; and 
(B) in subparagraph (F) by striking 
‘‘24904(b)’’ and inserting ‘‘24904(c)’’. 
(2) FEDERAL-STATE PARTNERSHIP FOR STATE 
OF GOOD REPAIR.—Section 24911(e)(2) of title 49, 
United States Code, is amended by striking 
‘‘24904(a)’’ and inserting ‘‘24904(b)’’. 
SEC. 9303. PROTECTIVE ARRANGEMENTS. 
Section 22905 of title 49, United States Code, is 
amended— 
(1) in subsection (c)(2)(B) by striking ‘‘that are 
equivalent to the protective arrangements established 
under section 504 of the Railroad Revitalization and 
Regulatory Reform Act of 1976 (45 U.S.C. 836)’’ 
and inserting ‘‘established by the Secretary under 
subsection (e)(1)’’; 
(2) by redesignating subsections (e) and (f) as 
subsections (f) and (g), respectively; and 
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(3) by inserting after subsection (d) the fol-
lowing: 
‘‘(e) EQUIVALENT EMPLOYEE PROTECTIONS.— 
‘‘(1) ESTABLISHMENT.—Not later than 90 days 
after the date of enactment of this subsection, the 
Administrator of the Federal Railroad Administra-
tion shall establish protective arrangements equiva-
lent to those established under section 504 of the 
Railroad Revitalization and Regulatory Reform Act 
of 1976 (45 U.S.C. 836), and require such protec-
tive arrangements to apply to employees described 
under subsection (c)(2)(B) and as required under 
subsection (j) of section 22907. 
‘‘(2) PUBLICATION.—The Administrator shall 
make available on a publicly available website the 
protective arrangements established under para-
graph (1).’’. 
SEC. 9304. INTERSTATE RAIL COMPACTS. 
(a) IDENTIFICATION.—Section 410 of the Amtrak 
Reform and Accountability Act of 1997 (Public Law 105– 
134; 49 U.S.C. 24101 note) is amended— 
(1) in subsection (b)(2) by striking ‘‘(except 
funds made available for Amtrak)’’; and 
(2) by adding at the end the following: 
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‘‘(c) INTERSTATE RAIL COMPACTS PROGRAM.—The 
Secretary of Transportation shall— 
‘‘(1) make available on a publicly accessible 
website a list of interstate rail compacts established 
in accordance with subsection (a); 
‘‘(2) provide information to the public regarding 
interstate rail compacts, including how States may 
establish interstate rail compacts under subsection 
(a); and 
‘‘(3) annually update the information provided 
under paragraph (2).’’. 
(b) GRANTS AUTHORIZED.—Chapter 229 of title 49, 
United States Code, is further amended by adding at the 
end the following: 
‘‘§ 22910. Interstate rail compacts support program 
‘‘(a) IN GENERAL.—The Secretary shall develop and 
implement a competitive grant program for providing ad-
ministrative assistance, including salaries, benefits, travel, 
and other administrative expenses, to eligible applicants 
to support interstate and regional efforts— 
‘‘(1) to improve the safety, efficiency, or reli-
ability of intercity passenger rail; and 
‘‘(2) to promote and develop intercity passenger 
rail service, including through initiating, restoring, 
or enhancing intercity passenger rail service. 
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‘‘(b) APPLICANT SELECTION CRITERIA.— 
‘‘(1) IN GENERAL.—In awarding grants under 
this section, the Secretary shall consider— 
‘‘(A) the amount of other funding received 
by an applicant (including funding from rail-
roads) or other significant participation by 
State, local, and regional governmental and pri-
vate entities; 
‘‘(B) the applicant’s work to facilitate and 
encourage regional planning for passenger rail 
improvement, enhancement, and development; 
‘‘(C) the applicant’s work to foster, 
through rail transportation systems, economic 
development, particularly in rural communities, 
for socially disadvantaged individuals, and for 
disadvantaged populations; 
‘‘(D) the applicant’s efforts to provide 
guidance to local communities on public and 
private resources relate to community concerns, 
such as congestion, rail and grade crossing 
safety, trespasser prevention, quiet zones, 
idling, and rail line relocations; 
‘‘(E) whether the applicant seeks to restore 
service over routes formerly operated by Am-
trak, including routes described in section 
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11304(a) of the Passenger Rail Reform and In-
vestment Act of 2015 (title XI of division A of 
Public Law 114–94); 
‘‘(F) the applicant’s intent to provide 
intercity passenger rail service to regions and 
communities that are underserved or not served 
by other intercity public transportation; 
‘‘(G) whether the applicant is enhancing 
connectivity and geographic coverage of the ex-
isting national network of intercity rail pas-
senger service; 
‘‘(H) the applicant’s efforts to engage with 
entities to deploy railroad safety technology or 
programs, including trespassing prevention, rail 
integrity inspection systems, or grade crossing 
safety; 
‘‘(I) whether the applicant prepares re-
gional rail and corridor service development 
plans and corresponding environmental anal-
ysis; and 
‘‘(J) whether the applicant has engaged 
with the Federal, local, or State government 
and transportation planning agencies to identify 
projects necessary to enhance multimodal con-
nections or facilitate service integration between 
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rail service and other modes, including between 
intercity rail passenger transportation and 
intercity bus service, commercial air service, or 
commuter rail service. 
‘‘(2) PREFERENCE.—In selecting grant recipi-
ents, the Secretary shall give preference to appli-
cants that are initiating, restoring, or enhancing 
intercity rail passenger transportation. 
‘‘(c) APPLICATION PROCESS.—The Secretary shall 
prescribe the form and manner of submitting applications 
under this section. 
‘‘(d) PERFORMANCE MEASURES.— 
‘‘(1) IN GENERAL.—The Secretary shall estab-
lish performance measures for each grant recipient 
to assess progress in achieving strategic goals and 
objectives. 
‘‘(2) ANNUAL REPORT.— The Secretary shall 
require grant recipients to submit an annual report 
of the activities of such recipient and information re-
lated to applicable performance measures, which 
may include— 
‘‘(A) a demonstration of progress to 
achieve or advance the relevant criteria de-
scribed in subsection (b); and 
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‘‘(B) the amount of non-Federal matching 
funds provided from each member State. 
‘‘(e) FEDERAL SHARE OF TOTAL PROJECT COST.— 
The Secretary shall require each recipient of a grant under 
this subsection to provide a non-Federal match of not less 
than 50 percent of the administrative assistance to the 
interstate rail compact. 
‘‘(f) APPLICABLE REQUIREMENTS.—The use of any 
amounts appropriated for grants under this section shall 
be subject to the applicable requirements under this chap-
ter. 
‘‘(g) APPLICABILITY.—Amounts appropriated to 
carry out this section shall remain available until ex-
pended. 
‘‘(h) LIMITATIONS.— 
‘‘(1) MAXIMUM
FUNDING
PER
APPLICANT.— 
The Secretary may not award grants under this sec-
tion in an amount exceeding $500,000 annually for 
each applicant. 
‘‘(2) NUMERIC
LIMITATION.—The Secretary 
may not provide grants under this section to more 
than 10 interstate rail compacts in any fiscal year. 
‘‘(i) DEFINITIONS.—In this section: 
‘‘(1) APPLICANT.—The term ‘applicant’ means 
an interstate rail compact or an interstate commis-
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sion composed of 2 or more States that has been es-
tablished to promote, develop, or operate intercity 
passenger rail transportation systems. 
‘‘(2) INTERCITY PASSENGER RAIL SERVICE.— 
The term ‘intercity passenger rail service’ has the 
meaning given the term ‘intercity rail passenger 
transportation’ in section 24102.’’. 
(c) CLERICAL AMENDMENT.—The analysis for chap-
ter 229 of title 49, United States Code, is further amend-
ed by adding at the end the following: 
‘‘22910. Interstate rail compacts support program.’’. 
SEC. 9305. HIGH-SPEED RAIL UPDATES. 
(a) HIGH-SPEED RAIL CORRIDOR PLANNING.—Sec-
tion 26101 of title 49, United States Code, is amended— 
(1) in subsection (b)(1)— 
(A) in the matter preceding subparagraph 
(A) by striking ‘‘, or if it is an activity de-
scribed in subparagraph (M)’’; 
(B) in subparagraph (J) by striking 
‘‘right-of-way improvements’’ and inserting 
‘‘right-of-way 
acquisition 
or 
improvement 
needs’’; 
(C) in subparagraph (K) by inserting 
‘‘and’’ at the end; and 
(D) by striking subparagraphs (L) and 
(M) and inserting the following: 
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‘‘(L) public costs in the creation of public pri-
vate partnerships.’’; and 
(2) in subsection (c)— 
(A) by striking paragraphs (1) through (3) 
and inserting the following: 
‘‘(1) the extent to which the proposed planning 
focuses on systems which will provide for high-speed 
rail; 
‘‘(2) the integration of the corridor into metro-
politan area and statewide transportation planning, 
including State rail plans; 
‘‘(3) the use of rail stations within urbanized 
areas that are located in a geographic area with a 
greater density population than the urbanized area 
as a whole;’’; 
(B) in paragraph (4) by inserting before 
the semicolon ‘‘, passenger rail, transit, and 
other multimodal options’’; 
(C) in paragraph (6) by inserting ‘‘and re-
duce greenhouse gas emissions’’ before the 
semicolon; and 
(D) in paragraph (11) by inserting ‘‘, in-
cluding access to affordable housing’’ before the 
semicolon. 
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(b) DEFINITIONS.—Section 26105(2) of title 49, 
United States Code, is amended— 
(1) by inserting ‘‘made available to members of 
the general public as passengers and reasonably ex-
pected to reach speeds of’’ after ‘‘service which is’’; 
(2) in subparagraph (A) by striking ‘‘reason-
ably expected to reach sustained speeds of more 
than 125 miles per hour; and’’ and inserting ‘‘160 
miles per hour or more on shared-use right-of-way; 
or’’; and 
(3) in subparagraph (B) by striking ‘‘made 
available to members of the general public as pas-
sengers’’ and inserting ‘‘186 miles per hour or more 
on dedicated right-of-way’’. 
(c) HIGH-SPEED RAIL CORRIDOR DEVELOPMENT.— 
Section 26106(e)(2) of title 49, United States Code, is 
amended— 
(1) in subparagraph (A)(i) by striking ‘‘section 
211 of the Passenger Rail Investment and Improve-
ment 
Act 
of 
2008’’ 
and 
inserting 
‘‘section 
24904(a)’’; and 
(2) in subparagraph (C)(i)— 
(A) by striking subclause (III); 
(B) by redesignating subclause (II) as sub-
clause (III); 
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(C) by inserting after subclause (I) the fol-
lowing: 
‘‘(II) connectivity to rail stations 
within urbanized areas that are lo-
cated in a geographic area with a 
greater density population than the 
urbanized area as a whole;’’; and 
(D) by striking subclause (IV) and insert-
ing the following: 
‘‘(IV) environmental benefits, in-
cluding projects that— 
‘‘(aa) reduce greenhouse gas 
emissions; and 
‘‘(bb) involve electrification 
or the purchase of environ-
mentally sensitive, fuel-efficient, 
and cost-effective passenger rail 
equipment;’’. 
SEC. 9306. STATE RAIL PLANNING FORMULA FUNDS. 
(a) IN GENERAL.—Chapter 229 of title 49, United 
States Code, is further amended by adding at the end the 
following: 
‘‘§ 22911. State rail planning formula funds 
‘‘(a) IN GENERAL.—In carrying out this chapter, the 
Secretary shall allocate an appropriate portion of 1.5 per-
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cent of the amounts made available for programs under 
this chapter to provide grants to States— 
‘‘(1) for State or multi-State regional intercity 
passenger rail corridor planning or project-specific, 
intercity passenger rail planning purposes; or 
‘‘(2) for funding rail projects otherwise eligible 
under section 22907 if no intercity passenger rail 
planning is feasible. 
‘‘(b) LIMITATION OF FUNDS.—Any unobligated bal-
ances of a grant under this section remaining after 3 years 
from the fiscal year in which the grant was made shall 
be redistributed in an appropriate portion. 
‘‘(c) DEFINITIONS.—In this section: 
‘‘(1) APPROPRIATE
PORTION.—The term ‘ap-
propriate portion’ means a share, for each State— 
‘‘(A) one quarter of which is comprised of 
the ratio that the total railroad route miles in 
such State bears to the total railroad route 
miles in the United States, excluding from each 
such total the route miles used exclusively for 
tourist excursions; 
‘‘(B) one quarter of which is comprised of 
the ratio that the population in such State 
bears to the total population of the United 
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States, as determined by the Bureau of the 
Census; and 
‘‘(C) half of which is comprised of the ratio 
that the Amtrak ridership for fiscal year 2019 
in each State bears to the total Amtrak rider-
ship for fiscal year 2019. 
‘‘(2) STATE.—The term ‘State’ means each of 
the 50 States and the District of Columbia.’’. 
(b) CLERICAL AMENDMENT.—The analysis for chap-
ter 229 of title 49, United States Code, is further amend-
ed by adding at the end the end the following: 
‘‘22911. State rail planning formula funds.’’. 
SEC. 9307. NORTH ATLANTIC RAIL INTERSTATE COMPACT. 
(a) IN GENERAL.—Chapter 249 of title 49, United 
States Code, is amended by inserting after section 24905 
the following: 
‘‘§ 24905A. North Atlantic Rail Interstate Compact; 
North Atlantic Rail Network 
‘‘(a) NORTH ATLANTIC RAIL INTERSTATE COM-
PACT.— 
‘‘(1) ESTABLISHMENT.—Not later than 180 
days after the date of the enactment of this section, 
the Secretary of Transportation shall appoint a di-
rector for the North Atlantic Rail Interstate Com-
pact (referred to in this section as the ‘Compact’) in 
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collaboration with states identified in paragraph 
(2)(A). 
‘‘(2) BOARD OF DIRECTORS.— 
‘‘(A) COMPOSITION.—The Compact shall 
be governed by a board of directors, which shall 
be composed of directors, of whom— 
‘‘(i) 2 directors shall be appointed by 
the Secretary of Transportation; 
‘‘(ii) 1 director shall be appointed by 
the Chief Executive Officer of Amtrak; 
‘‘(iii) 2 directors shall be appointed by 
the Governor of Connecticut; 
‘‘(iv) 2 directors shall be appointed by 
the Governor of Maine; 
‘‘(v) 2 directors shall be appointed by 
the Governor of Massachusetts; 
‘‘(vi) 2 directors shall be appointed by 
the Governor of New Hampshire; 
‘‘(vii) 2 directors shall be appointed 
by the Governor of New York; 
‘‘(viii) 2 directors shall be appointed 
by the Governor of Rhode Island; and 
‘‘(ix) 2 directors shall be appointed by 
the Governor of Vermont. 
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‘‘(B) TERM; QUALIFICATIONS.—Of the in-
dividuals appointed pursuant to each of the 
clauses (iii) through (ix) of paragraph (1)— 
‘‘(i) 1 shall be the head of the respec-
tive State department of transportation; 
and 
‘‘(ii) the other director appointed by 
the respective governor— 
‘‘(I) shall serve for a 5-year term; 
‘‘(II) shall be a resident of the 
appointing governor’s State; 
‘‘(III) may not be an employee of 
the government of such State; and 
‘‘(IV) shall be an expert in trans-
portation policy, finance, public policy, 
planning or a related discipline associ-
ated with the purpose and mission of 
the Compact. 
‘‘(C) NO COMPENSATION.—Directors shall 
serve without pay, but shall receive travel ex-
penses, including per diem in lieu of subsist-
ence, in accordance with applicable provisions of 
subchapter I of chapter 57 of title 5, United 
States Code. 
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‘‘(3) PURPOSE.—The purpose of the Compact 
shall be to construct, on an accelerated basis, a 
North Atlantic Rail Network in order— 
‘‘(A) to provide clean, safe, coordinated 
and efficient high-speed and high-performance 
passenger rail transportation in the 7-State 
North Atlantic Rail Network region; including 
the improvement of existing intercity passenger 
rail services; 
‘‘(B) to reduce carbon emissions from auto 
and air transportation in such region in order 
to meet the greenhouse gas performance targets 
established under section 150(d) of title 23; and 
‘‘(C) to provide employment opportunities 
and economic development in the cities and re-
gions served by a North Atlantic Rail Network. 
‘‘(4) STAFFING.—The directors and officers of 
the Compact may appoint and fix the pay of such 
personnel, as they consider necessary and appro-
priate, to advance the design and construction of a 
North Atlantic Rail Network. 
‘‘(5) COORDINATION.—The Compact, in design-
ing and constructing a North Atlantic Rail Network, 
shall coordinate and cooperate with— 
‘‘(A) the Secretary of Transportation; 
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‘‘(B) the Northeast Corridor Commission; 
‘‘(C) Amtrak; 
‘‘(D) State departments of transportation, 
regional transportation authorities, and other 
State-established entities, responsible for the 
provision of passenger rail in the North Atlantic 
Rail Network region; and 
‘‘(E) freight railroads that host passenger 
trains or operate freight trains over passenger 
rail lines within the territory. 
‘‘(b) NORTH ATLANTIC RAIL NETWORK.— 
‘‘(1) CREATION.—Notwithstanding the existing 
service along the Northeast Corridor, the Compact 
shall construct a North Atlantic Rail Network, 
which may include— 
‘‘(A) additional high-speed rail service be-
tween Boston and New York; 
‘‘(B) a high-performance network of inter-
city passenger rail transportation throughout 
the 7-State region; and 
‘‘(C) an integrated network of metropolitan 
passenger rail transportation coordinated with 
the high-speed rail service referred to in sub-
paragraph (A). 
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‘‘(2) AUTHORIZATIONS.—The Compact shall 
have the same authorities provided to interstate 
compacts in section 410 of the Amtrak Reform and 
Accountability Act of 1997 (49 U.S.C. 24101 note), 
including— 
‘‘(A) receiving appropriations— 
‘‘(i) to plan, design, engineer, and ac-
quire property (including railroad rights- 
of-way); 
‘‘(ii) to conduct competitive procure-
ments; 
‘‘(iii) to enter into construction con-
tracts; 
‘‘(iv) to form project labor agree-
ments; and 
‘‘(v) to construct a North Atlantic 
Rail Network; 
‘‘(B) utilizing all design-build and other al-
ternative procurement policies and practices ap-
proved by the Department of Transportation; 
‘‘(C) utilizing existing authorities to expe-
dite reviews for infrastructure investment with-
in existing rights of way under the National 
Environmental Policy Act of 1969 (42 U.S.C. 
4321 et seq.); and 
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‘‘(D) contracting with Amtrak, State de-
partments of transportation, or related oper-
ating entities within the 7-State North Atlantic 
Rail Network region to design or construct ele-
ments of a North Atlantic Rail Network. 
‘‘(3) COMMENCEMENT
OF
OPERATIONS.—The 
Compact shall commence operations and be eligible 
for appropriated funding in any State that has rati-
fied the Compact, upon the ratification of a min-
imum of 2 states of the Compact. 
‘‘(4) RESPONSIBILITIES.—If a State depart-
ment of transportation or its related operating entity 
owns the right-of-way for a rail line segment within 
a North Atlantic Rail Network, such department or 
entity shall be responsible for the design and con-
struction of improvements on such segment of a 
North Atlantic Rail Network. 
‘‘(5) WORK PERFORMED ON RIGHT-OF-WAY.— 
Notwithstanding paragraph (2)(D), all work done in 
existing rail right-of-way shall be performed only in 
accordance with the rail collective bargaining agree-
ments applicable to work performed on such right- 
of-way.’’. 
(b) CLERICAL AMENDMENT.—The analysis for chap-
ter 249 of title 49, United States Code, is amended by 
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inserting after the item relating to section 24905 the fol-
lowing: 
‘‘24905A. North Atlantic Rail Interstate Compact; North Atlantic Rail Net-
work.’’. 
(c) SUNSET.—Upon the earlier of the completion of 
the construction of all of the elements of a North Atlantic 
Rail Network created pursuant to subsection (b)(1) of sec-
tion 24905A of title 49, United States Code, as added by 
this Act, or the date that is 20 years after the date of 
the enactment of this Act— 
(1) the North Atlantic Rail Interstate Compact 
established pursuant to subsection (a)(1) of such 
section shall be dissolved; and 
(2) the assets of the North Atlantic Rail Inter-
state Compact shall be transferred to Amtrak. 
TITLE IV—COMMUTER RAIL 
POLICY 
SEC. 9401. SENSE OF CONGRESS REGARDING COMMUTER 
RAIL LIABILITY INSURANCE. 
(a) FINDINGS.—Congress finds the following: 
(1) Prior to the COVID–19 pandemic, 32 com-
muter railroads across the United States safely car-
ried passengers on more than 500,000,000 trips 
each year. 
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(2) Commuter rail is a $9,900,000,000 industry 
that creates and supports more than 200,000 public- 
and private-sector jobs, and continues to grow. 
(3) Most commuter rail agencies are required to 
maintain liability insurance up to statutory liability 
limits. 
(4) Commuter rail agencies face significant ob-
stacles to finding and obtaining liability insurance. 
(5) Only a handful of insurers offer this cov-
erage, and a significant percentage of the railroad li-
ability insurance marketplace is provided by foreign 
companies. 
(6) The number of insurers in the American 
and foreign markets willing to even offer potential 
capacity for this coverage has drastically decreased 
over the past several years, and, regardless of cost, 
it is becoming extremely difficult for commuter rail-
roads to obtain the needed coverage. 
(7) Despite the exceptional safety record of 
commuter railroads and recent full compliance with 
positive train control, a 2021 survey of the American 
Public Transportation Association’s commuter rail 
agencies revealed that there has been a 60 percent 
increase in premium costs over the last 3 years. 
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(8) The increase in premiums is largely due to 
factors outside the control of the commuter rail in-
dustry, including major forest fires, hurricanes, and 
insurers exiting the market. 
(9) The cost of liability insurance severely im-
pacts the operating budgets of many commuter rail 
agencies and potentially affects their ability to offer 
these critical public transportation services. 
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that Congress should address the capacity and cost 
issues associated with the commuter rail liability insurance 
market and consider establishing a commuter rail insur-
ance program within the Department of Transportation. 
SEC. 9402. SURFACE TRANSPORTATION BOARD MEDIATION 
OF TRACKAGE USE REQUESTS. 
Section 28502 of title 49, United States Code, is 
amended to read as follows: 
‘‘§ 28502. Surface Transportation Board mediation of 
trackage use requests 
‘‘A rail carrier shall provide good faith consideration 
to a reasonable request from a provider of commuter rail 
passenger transportation for access to trackage and provi-
sion of related services. If, after a reasonable period of 
negotiation, a public transportation authority cannot 
reach agreement with a rail carrier to use trackage of, and 
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have related services provided by, the rail carrier for pur-
poses of commuter rail passenger transportation, the pub-
lic transportation authority or the rail carrier may apply 
to the Board for nonbinding mediation. In any case in 
which dispatching for the relevant trackage is controlled 
by a rail carrier other than the trackage owner, both shall 
be subject to the requirements of this section and included 
in the Board’s mediation process. The Board shall conduct 
the nonbinding mediation in accordance with the medi-
ation process of section 1109.4 of title 49, Code of Federal 
Regulations, as in effect on the date of enactment of the 
TRAIN Act. During such mediation process, the Board 
shall determine whether the consideration a rail carrier 
provided to a request was in good faith and whether the 
request from a provider of commuter rail passenger trans-
portation was reasonable. The determinations made in the 
preceding sentence shall have no effect on the nonbinding 
nature of the mediation.’’. 
SEC. 9403. SURFACE TRANSPORTATION BOARD MEDIATION 
OF RIGHTS-OF-WAY USE REQUESTS. 
Section 28503 of title 49, United States Code, is 
amended to read as follows: 
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‘‘§ 28503. Surface Transportation Board mediation of 
rights-of-way use requests 
‘‘A rail carrier shall provide good faith consideration 
to a reasonable request from a provider of commuter rail 
passenger transportation for access to rail right-of-way for 
the construction and operation of a segregated fixed guide-
way facility. If, after a reasonable period of negotiation, 
a public transportation authority cannot reach agreement 
with a rail carrier to acquire an interest in a railroad 
right-of-way for the construction and operation of a seg-
regated fixed guideway facility to provide commuter rail 
passenger transportation, the public transportation au-
thority or the rail carrier may apply to the Board for non-
binding mediation. In any case in which dispatching for 
the relevant trackage is controlled by a rail carrier other 
than the right-of-way owner, both shall be subject to the 
requirements of this section and included in the Board’s 
mediation process. The Board shall conduct the non-
binding mediation in accordance with the mediation proc-
ess of section 1109.4 of title 49, Code of Federal Regula-
tions, as in effect on the date of enactment of the TRAIN 
Act. During such mediation process, the Board shall de-
termine whether the consideration a rail carrier provided 
to a request was in good faith and whether the request 
from a provider of commuter rail passenger transportation 
was reasonable. The determinations made in the preceding 
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sentence shall have no effect on the nonbinding nature of 
the mediation.’’. 
TITLE V—RAIL SAFETY 
Subtitle A—Passenger and Freight 
Safety 
SEC. 9501. STUDY ON SAFETY IMPACT OF LONG TRAINS. 
(a) STUDY.—The Secretary of Transportation shall 
conduct a study on the safety impacts of the operation 
of long trains. 
(b) CONTENTS.—The study conducted under sub-
section (a) shall include— 
(1) an examination of any potential risks of the 
operation of long trains and recommendations on 
mitigation of any such risks; 
(2) among other safety factors with respect to 
the operation of such trains, an evaluation of any— 
(A) potential risk of loss of communica-
tions between an end-of-train device, or a dis-
tributed power unit, and the locomotive cab, in-
cluding communications over differing terrains 
and conditions; 
(B) potential risk of loss of radio commu-
nications between crewmembers after a crew-
member alights from a train, including commu-
nications over differing terrains and conditions; 
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(C) potential risk of derailments, including 
any risks associated with in-train compressive 
forces and slack action, or other safety risks in 
differing terrains and conditions; 
(D) changes in risks or benefits to safety 
associated with the deployment of multiple dis-
tributed power units in the consists of such 
trains; and 
(E) impacts of the length of trains on 
braking and locomotive performance and track 
wear and tear; and 
(3) an evaluation of whether additional engineer 
and conductor training is required for safely oper-
ating such trains. 
(c) COLLABORATION.—In conducting the study re-
quired under subsection (a), the Secretary shall collabo-
rate with railroad carriers, labor organizations rep-
resenting railroad employees, and railroad safety tech-
nology manufacturers. 
(d) RESULTS OF STUDY.— 
(1) REPORT.—Not later than 24 months after 
the date of enactment of this Act, the Secretary 
shall submit to the Committee on Transportation 
and Infrastructure of the House of Representatives 
and the Committee on Commerce, Science, and 
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Transportation of the Senate a report that con-
tains— 
(A) the results of the study required by 
subsection (a); 
(B) any recommendations for mitigating 
safety risks caused by long trains; and 
(C) a description of any action the Sec-
retary intends to take to address any safety risk 
identified in the study. 
(2) SHARING STUDY RESULTS.—After submit-
ting the report required by paragraph (1), the Sec-
retary shall share the results of the study with rail-
road carriers, labor organizations representing rail-
road employees, and safety technology organizations. 
(e) SECRETARY ACTION.—Not later than 180 days 
after the date on which the report required by subsection 
(d)(1) is submitted, the Secretary shall implement any 
proposed actions described in such report. 
(f) DEFINITION.—In this section, the term ‘‘long 
train’’ means a freight train composed of more than 150 
rail cars. 
(g) FUNDING.—From the amounts made available 
for fiscal year 2021 to carry out section 20117(a) of title 
49, United States Code, the Secretary shall expend not 
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less than $1,000,000 and not more than $2,000,000 to 
carry out this section. 
SEC. 9502. FRA SAFETY REPORTING. 
(a) IN GENERAL.—Section 20901 of title 49, United 
States Code, is amended by inserting ‘‘(including the train 
length, the number of crew members in the controlling lo-
comotive cab, and the duties of such crew members)’’ after 
‘‘reported accident or incident’’. 
(b) REGULATIONS.—Not later than 1 year after the 
date of enactment of this Act, the Secretary of Transpor-
tation shall issue such regulations as are necessary to 
carry out the amendment made by subsection (a). 
(c) TREND ANALYSIS.— 
(1) IN
GENERAL.—Chapter 209 of title 49, 
United States Code, is amended by adding at the 
end the following: 
‘‘§ 20904. Trend analysis 
‘‘(a) ANNUAL REVIEW AND ANALYSIS.—Not later 
than 1 year after the date of enactment of the TRAIN 
Act, and not less frequently than annually thereafter, the 
Secretary shall review the reports filed by a railroad car-
rier subject to section 20901(a) and analyze the data con-
tained in such reports for trends or patterns of potential 
safety risks. 
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‘‘(b) SECRETARY ACTION.—If the Secretary identi-
fies any such trends or patterns, the Secretary shall— 
‘‘(1) take such actions as are necessary to ad-
dress the potential safety risk; and 
‘‘(2) if appropriate, communicate any such 
trends or patterns to a representative of any rel-
evant railroad carrier and a representative of the 
employees of such railroad carrier, including any 
nonprofit employee labor organization representing a 
craft or class of employees subject to the potential 
safety risk.’’. 
(2) CLERICAL AMENDMENT.—The analysis for 
chapter 209 of title 49, United States Code, is 
amended by adding at the end the following: 
‘‘20904. Trend analysis.’’. 
(d) ACCIDENT AND INCIDENT REPORTING.—Section 
209 of the Rail Safety Improvement Act of 2008 (49 
U.S.C. 20901 note) is amended by inserting ‘‘, and other 
events required to be reported under part 225 of title 49, 
Code of Federal Regulations,’’ after ‘‘collisions and fatali-
ties’’. 
SEC. 9503. WAIVER NOTICE REQUIREMENTS. 
Section 20103(d) of title 49, United States Code, is 
amended to read as follows: 
‘‘(d) NONEMERGENCY WAIVERS.— 
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‘‘(1) IN GENERAL.—The Secretary may waive 
or suspend compliance with any part of a regulation 
prescribed or order issued under this chapter if the 
waiver or suspension is in the public interest and 
consistent with railroad safety. 
‘‘(2) 
NOTICE
REQUIRED.—The 
Secretary 
shall— 
‘‘(A) provide timely public notice of any re-
quest for a waiver or suspension under this sub-
section; 
‘‘(B) make the application for such waiver 
or suspension and any related underlying data 
available to interested parties; 
‘‘(C) provide the public with notice and a 
reasonable opportunity to comment on a pro-
posed waiver or suspension under this sub-
section before making a final decision; and 
‘‘(D) make public the reasons for granting 
a waiver or suspension under this subsection. 
‘‘(3) INFORMATION PROTECTION.—Nothing in 
this subsection shall be construed to require the re-
lease of information protected by law from public 
disclosure.’’. 
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SEC. 9504. NOTICE OF FRA COMPREHENSIVE SAFETY COM-
PLIANCE ASSESSMENTS. 
(a) INITIAL NOTICE.—If the Federal Railroad Ad-
ministration initiates a comprehensive safety compliance 
assessment of an entity providing regularly scheduled 
intercity or commuter rail passenger transportation, the 
Administration shall notify in electronic format the Com-
mittee on Transportation and Infrastructure of the House 
of Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate of such com-
prehensive safety compliance assessment not later than 10 
business days after the date on which commencement of 
any field investigation activity that is part of such assess-
ment occurs. 
(b) FINDINGS.—Not later than 180 days after com-
pletion of a comprehensive safety compliance assessment 
described in subsection (a), the Federal Railroad Adminis-
tration shall transmit in electronic format to the Com-
mittee on Transportation and Infrastructure of the House 
of Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate a summary re-
port of the findings of such assessment. 
(c) DEFINITION OF COMPREHENSIVE SAFETY COM-
PLIANCE ASSESSMENT.—In this section, the term ‘‘com-
prehensive safety compliance assessment’’ means a fo-
cused review initiated and managed by the Federal Rail-
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road Administration based on findings from an accident 
investigation and involving at least 2 technical disciplines, 
with the purpose of examining the compliance of an entity 
providing regularly scheduled intercity or commuter rail 
passenger transportation with safety standards. 
SEC. 9505. FRA ACCIDENT AND INCIDENT INVESTIGATIONS. 
Section 20902 of title 49, United States Code, is 
amended— 
(1) in subsection (b) by striking ‘‘subpena’’ and 
inserting ‘‘subpoena’’; 
(2) in subsection (c) by inserting ‘‘The Sec-
retary shall develop a process to make available to 
a representative of the railroad carrier that is the 
subject of an accident or incident investigation, and 
to a representative of the employees of such railroad 
carrier, including a nonprofit employee labor organi-
zation representing railroad workers, a draft inves-
tigation report for timely review and comment.’’ 
after the period at the end; and 
(3) by adding at the end the following: 
‘‘(d) GATHERING INFORMATION
AND TECHNICAL 
EXPERTISE.— 
‘‘(1) IN GENERAL.—The Secretary shall create 
a standard process for investigators to use during 
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accident and incident investigations conducted under 
this section to— 
‘‘(A) gather information about an accident 
or incident under investigation from railroad 
carriers, contractors or employees of railroad 
carriers or representatives of employees of rail-
road carriers, and others determined relevant 
by the Secretary; and 
‘‘(B) consult with railroad carriers, con-
tractors or employees of railroad carriers or 
representatives of employees of railroad car-
riers, and others determined relevant by the 
Secretary, for technical expertise on the facts of 
the accident or incident under investigation. 
‘‘(2) CONFIDENTIALITY.—In developing the 
process under paragraph (1), the Secretary shall fac-
tor in ways to maintain the confidentiality of any en-
tity identified under paragraph (1) if— 
‘‘(A) such entity requests confidentiality; 
‘‘(B) such entity was not involved in the 
accident or incident; and 
‘‘(C) maintaining such entity’s confiden-
tiality does not adversely affect an investigation 
of the Federal Railroad Administration. 
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‘‘(3) APPLICATION
OF
LAW.—This subsection 
shall not apply to any investigation carried out by 
the National Transportation Safety Board.’’. 
SEC. 9506. FREIGHT TRAIN CREW SIZE SAFETY STANDARDS. 
(a) IN GENERAL.—Subchapter II of chapter 201 of 
title 49, United States Code, is amended by adding at the 
end the following: 
‘‘§ 20169. Freight train crew size safety standards 
‘‘(a) MINIMUM CREW SIZE.—No freight train may be 
operated unless such train has a 2-person crew comprised 
of at least 1 appropriately qualified and certified con-
ductor and 1 appropriately qualified and certified loco-
motive engineer. 
‘‘(b) EXCEPTIONS.—Except as provided in subsection 
(d), the prohibition in subsection (a) shall not apply in 
any of the following circumstances: 
‘‘(1) Train operations on track that is not a 
main track. 
‘‘(2) A train operated— 
‘‘(A) by a railroad carrier that has fewer 
than 400,000 total employee work hours annu-
ally and less than $40,000,000 annual revenue 
(adjusted for inflation as measured by the Sur-
face Transportation Board Railroad Inflation- 
Adjusted Index); 
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‘‘(B) at a speed of not more than 25 miles 
per hour; and 
‘‘(C) on a track with an average track 
grade of less than 2 percent for any segment of 
track that is at least 2 continuous miles. 
‘‘(3) Locomotives performing assistance to a 
train that has incurred mechanical failure or lacks 
the power to traverse difficult terrain, including 
traveling to or from the location where assistance is 
provided. 
‘‘(4) Locomotives that— 
‘‘(A) are not attached to any equipment or 
attached only to a caboose; and 
‘‘(B) do not travel farther than 30 miles 
from the point of origin of such locomotive. 
‘‘(5) Train operations staffed with fewer than a 
two-person crew at least 1 year prior to the date of 
enactment of this section, if the Secretary deter-
mines that the operation achieves an equivalent level 
of safety. 
‘‘(c) TRAINS INELIGIBLE FOR EXCEPTION.—The ex-
ceptions under subsection (b) may not be applied to— 
‘‘(1) a train transporting 1 or more loaded cars 
carrying high-level radioactive waste, spent nuclear 
fuel, or material toxic by inhalation; 
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‘‘(2) a train carrying 20 or more loaded tank 
cars of a Class 2 material or a Class 3 flammable 
liquid in a continuous block or a single train car-
rying 35 or more loaded tank cars of a Class 2 ma-
terial or a Class 3 flammable liquid throughout the 
train consist; or 
‘‘(3) a train with a total length of 7,500 feet or 
greater. 
‘‘(d) WAIVER.—A railroad carrier may seek a waiver 
of the requirements of this section pursuant to section 
20103(d).’’. 
(b) CLERICAL AMENDMENT.—The analysis for sub-
chapter II of chapter 201 of title 49, United States Code, 
is amended by adding at the end the following: 
‘‘20169. Freight train crew size safety standards.’’. 
SEC. 9507. BORDER CROSSINGS. 
(a) BORDER CROSSINGS.—The Secretary of Trans-
portation shall require that— 
(1) any railroad carrier that is operating a 
freight train across the southern border into the 
United States operates the train continually until 
the last car of the train passes through the scanning 
facility used for nonintrusive inspection by U.S. Cus-
toms and Border Protection located at such border; 
(2) when the last car of such train passes 
through such facility, the railroad carrier shall stop 
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such train to conduct a crew interchange and any 
federally-mandated safety testing; and 
(3) the railroad carrier ensures that the only in-
dividuals that operate such trains after carrying out 
the activities described in paragraph (2) are individ-
uals— 
(A) who are United States nationals or 
aliens lawfully admitted for permanent resi-
dence in the United States; and 
(B) whose primary reporting point is in 
the United States. 
(b) FUNDING.— 
(1) SET-ASIDE.—From the amounts made 
available to carry out section 22907 of title 49, 
United States Code, the Secretary shall set aside, 
for each of fiscal years 2022 through 2026, 
$60,000,000 for projects to prevent blocked crossing 
incidents as a result of operations made necessary 
by subsection (a). Projects eligible for funding under 
this paragraph are— 
(A) highway-rail grade crossing separation 
projects eligible under such section that are lo-
cated not further than 1.5 miles from a scan-
ning facility described in subsection (a)(1); and 
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(B) projects eligible under such section to 
relocate a rail line to prevent blocked crossing 
incidents resulting from trains crossing the 
southern border. 
(2) UNOBLIGATED
FUNDS.—Any funds pro-
vided under paragraph (1) that are unobligated at 
the end of the second fiscal year following the fiscal 
year in which such funds are set aside may be used 
for any eligible project under section 22907. 
(c) AGREEMENT.—The Secretary shall ensure that a 
recipient of funds made available under subsection 
(b)(1)(A) has a written agreement with any railroad car-
rier operating over the infrastructure constructed or im-
proved with such funds that includes a requirement that 
any such railroad carrier may not operate trains over such 
infrastructure that, due to the length of the train, are like-
ly to cause blocked crossing incidents. 
(d) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed as amending any safety regulation 
of the Federal Railroad Administration or amending or 
revoking any waivers such Administration has granted 
under section 20103 of title 49, United States Code. 
(e) DEFINITIONS.—In this section: 
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(1) RAILROAD CARRIER.—The term ‘‘railroad 
carrier’’ has the meaning given such term in section 
20102 of title 49, United States Code. 
(2) SOUTHERN BORDER.—The term ‘‘southern 
border’’ means the international border between the 
United States and Mexico. 
(3) BLOCKED CROSSING INCIDENT.—The term 
‘‘blocked crossing incident’’ has the meaning given 
such term in section 20173 of title 49, United 
States Code. 
SEC. 9508. YARDMASTERS HOURS OF SERVICE. 
(a) LIMITATIONS ON DUTY HOURS OF YARDMASTER 
EMPLOYEES.—Section 21103 of title 49, United States 
Code, is amended— 
(1) in the section heading by inserting ‘‘and 
yardmaster employees’’ after ‘‘train em-
ployees’’; 
(2) by inserting ‘‘or yardmaster employee’’ after 
‘‘train employee’’ each place it appears; and 
(3) 
in 
subsection 
(e) 
by 
inserting 
‘‘or 
yardmaster employee’s’’ after ‘‘During a train em-
ployee’s’’. 
(b) DEFINITIONS.—Section 21101 of title 49, United 
States Code, is amended— 
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view and approval any proposed amendment to a 
safety validation plan required under subsection (a). 
‘‘(2) REVIEW AND APPROVAL.—Not later than 
5 working days after the date on which the Sec-
retary receives a proposed amendment submitted 
under paragraph (1), the Secretary shall review and 
approve or deny such proposed amendment. 
‘‘(3) NOTIFICATION.—If the Secretary does not 
approve a proposed amendment submitted under 
this subsection, the Secretary shall provide written 
notice to the covered entity of the specific areas in 
which the proposed amendment is deficient. An enti-
ty may correct such deficiencies and reapply for re-
view and approval under this subsection. 
‘‘(d) DEFINITIONS.—In this section: 
‘‘(1) COVERED ENTITY.—The term ‘covered en-
tity’ means an entity providing regularly scheduled 
railroad transportation that is intercity rail pas-
senger transportation or commuter rail passenger 
transportation. 
‘‘(2) INTERCITY RAIL PASSENGER TRANSPOR-
TATION; COMMUTER
RAIL
PASSENGER
TRANSPOR-
TATION.—The terms ‘intercity rail passenger trans-
portation’ and ‘commuter rail passenger transpor-
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(A) means a vehicle that does not include 
an engine and is powered solely by an external 
source of electricity, solar power, or both; 
(B) does not include an electric hybrid ve-
hicle that uses a chemical fuel such as gasoline 
or diesel fuel. 
(2) KEY.—The term ‘‘key’’ has the meaning 
given the term in section 571.114 of title 49, Code 
of Federal Regulations (or successor regulations). 
(3) MANUFACTURER.—The term ‘‘manufac-
turer’’ has the meaning given the term in section 
30102(a) of title 49, United States Code. 
(4) MOTOR VEHICLE.— 
(A) IN GENERAL.—The term ‘‘motor vehi-
cle’’ has the meaning given the term in section 
30102(a) of title 49, United States Code. 
(B) EXCLUSIONS.—The term ‘‘motor vehi-
cle’’ does not include— 
(i) a motorcycle or trailer (as those 
terms are defined in section 571.3 of title 
49, Code of Federal Regulations) (or suc-
cessor regulations); 
(ii) any motor vehicle that is rated at 
more than 10,000 pounds gross vehicular 
weight; or 
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meaning given such term in section 571.3 of title 49, 
Code of Federal Regulations (or any successor regu-
lation). 
‘‘(7) PASSENGER
CAR.—The term ‘passenger 
car’ has the meaning given such term in section 
571.3 of title 49, Code of Federal Regulations (or 
any successor regulation). 
‘‘(8) PASSENGER MOTOR VEHICLE.—The term 
‘passenger motor vehicle’ has the meaning given 
such term in section 32101. 
‘‘(9) TRUCK.—The term ‘truck’ has the mean-
ing given such term in section 571.3 of title 49, 
Code of Federal Regulations (or any successor regu-
lation).’’. 
(2) ENFORCEMENT.—Section 30165(a)(1) of 
title 49, United States Code, is amended by insert-
ing ‘‘30132,’’ after ‘‘30127,’’. 
(3) CLERICAL AMENDMENT.—The table of sec-
tions for subchapter II of chapter 301 of title 49, 
United States Code, as amended by sections 
10101(a)(2), 10103(a)(2), and 10103(b)(2), is fur-
ther amended by adding at the end the following 
new item: 
‘‘30132. Limousine compliance with Federal safety standards.’’. 
(d) LIMOUSINE CRASHWORTHINESS.— 
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(2) by striking ‘‘October 1, 2021’’ in subsection 
(d)(2) and inserting ‘‘October 1, 2026’’. 
(c) LEAKING UNDERGROUND STORAGE TANK TRUST 
FUND.—Section 9508(e)(2) of such Code is amended by 
striking ‘‘October 1, 2021’’ and inserting ‘‘October 1, 
2026’’. 
SEC. 11002. ADDITIONAL TRANSFERS TO HIGHWAY TRUST 
FUND. 
Section 9503(f) of the Internal Revenue Code of 
1986 is amended by redesignating paragraph (11) as 
paragraph (12) and by inserting after paragraph (10) the 
following new paragraph: 
‘‘(11) ADDITIONAL
TRANSFERS
TO
TRUST 
FUND.—Out of money in the Treasury not otherwise 
appropriated, there is hereby appropriated— 
‘‘(A) $109,000,000,000 to the Highway 
Account (as defined in subsection (e)(5)(B)) in 
the Highway Trust Fund, and 
‘‘(B) $39,000,000,000 to the Mass Transit 
Account in the Highway Trust Fund.’’. 
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(c) MEMBERSHIP.—The National Coordination Com-
mittee shall be composed of— 
(1) the Secretary (or a designee); 
(2) the Secretary of Transportation (or a des-
ignee); 
(3) the Secretary of Agriculture (or a designee); 
(4) the Secretary of Commerce (or a designee); 
(5) the Director of the Bureau of Indian Affairs 
(or a designee); 
(6) the Executive Director of the Association of 
Fish and Wildlife Agencies (or a designee); 
(7) two representatives of intertribal organiza-
tions, to be appointed by the Secretary; 
(8) the chairperson of each regional wildlife 
movement council (or a designee); and 
(9) not more than three representatives of non-
governmental, science, or academic organizations 
with expertise in wildlife conservation and habitat 
connectivity, to be appointed by the Secretary in a 
manner that ensures that the membership of the 
National Coordination Committee is fair and bal-
anced. 
(d) CHAIRPERSON.—The National Coordination 
Committee shall select a Chairperson and Vice Chair-
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