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tation’ have the meanings given such terms in sec-
tion 24102.’’. 
(b) CLERICAL AMENDMENT.—The analysis for sub-
chapter I of chapter 201 of title 49, United States Code, 
is amended by adding at the end the following new item: 
‘‘20122. New passenger service pre-revenue safety validation plan.’’. 
SEC. 9519. SAFETY OVERSIGHT OF NONTRADITIONAL AND 
EMERGING RAIL TECHNOLOGIES. 
(a) IN GENERAL.—The Secretary of Transportation 
shall conduct a review of the safety regulations of the Fed-
eral Railroad Administration to determine the applicability 
of such regulations to nontraditional and emerging rail 
technologies and to identify any gaps in such regulations 
or any challenges to ensuring the safety of such tech-
nologies. 
(b) REPORT.—Not later than 18 months after the 
date of enactment of this Act, the Secretary shall submit 
to the Committee on Transportation and Infrastructure 
of the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate a 
report on the findings of the review conducted under sub-
section (a). 
(c) CONTENTS.—The report required under sub-
section (b) shall include a description of— 
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(1) the applicability of safety regulations in ef-
fect on the date of enactment of this Act to non-
traditional and emerging rail technologies; 
(2) whether gaps in the regulations or other 
challenges exist that should be addressed in order to 
ensure the safety of nontraditional and emerging rail 
technologies; 
(3) any additional regulations that are nec-
essary to ensure the safety of nontraditional and 
emerging rail technologies; and 
(4) any additional research that may be needed 
to further evaluate and regulate the safety of non-
traditional and emerging rail technologies. 
(d) PUBLIC NOTICE AND COMMENT.—In conducting 
the review process under subsection (a), the Secretary 
shall provide notice and an opportunity for public com-
ment for not less than 60 days. 
(e) NONTRADITIONAL AND EMERGING RAIL TECH-
NOLOGIES DEFINED.—In this section, the term ‘‘nontradi-
tional and emerging rail technologies’’ means nonhighway 
ground transportation that runs on electromagnetic guide-
ways in a tube, or system of tubes, that operates in a low- 
pressure environment. 
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SEC. 9520. FRA SAFETY INSPECTOR AND SPECIALIST RE-
VIEW. 
(a) REVIEW.—The Administrator of the Federal 
Railroad Administration shall review the position descrip-
tions and pay grades of railroad safety inspection per-
sonnel and railroad safety specialists employed by the Of-
fice of Railroad Safety. 
(b) CONTENTS OF REVIEW.—The review under sub-
section (a) shall— 
(1) consider whether the descriptions of the po-
sitions described in subsection (a) accurately reflect 
the scope of work and duties of the personnel and 
specialists described in such subsection, including 
any technological advancements that impact the 
scope of work and duties; 
(2) compare the pay grades of such positions to 
the pay grades of personnel employed by other De-
partment of Transportation agencies and the Na-
tional Transportation Safety Board who have scopes 
of work and duties comparable to those of railroad 
safety inspection personnel and railroad safety spe-
cialists; and 
(3) assess whether the Administration experi-
ences difficulty in recruiting or retaining such per-
sonnel and specialists and identify the reasons for 
such difficulty. 
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(c) REPORT.—Not later than 180 days after the date 
of enactment of this Act, the Administrator shall transmit 
to the Committee on Transportation and Infrastructure 
of the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate a 
report that— 
(1) summarizes the findings of the review re-
quired by this section; 
(2) describes how the Administration plans to 
update the position descriptions of such personnel 
and specialists to accurately reflect the scope of 
work and duties, including any technological ad-
vancements that impact the scope of work and du-
ties; and 
(3) describes how pay grades may be updated 
to retain and recruit such personnel and specialists. 
Subtitle B—Grade Crossing Safety 
SEC. 9551. HIGHWAY-RAIL GRADE CROSSING SEPARATION 
GRANTS. 
(a) IN GENERAL.—Chapter 229 of title 49, United 
States Code, as amended by this division, is further 
amended by adding at the end the following: 
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‘‘§ 22912. Highway-rail grade crossing separation 
grants 
‘‘(a) GENERAL
AUTHORITY.—The Secretary of 
Transportation shall make grants under this section to eli-
gible entities to assist in funding the cost of highway-rail 
grade crossing separation projects. 
‘‘(b) APPLICATION REQUIREMENTS.—To be eligible 
for a grant under this section, an eligible entity shall sub-
mit to the Secretary an application in such form, in such 
manner, and containing such information as the Secretary 
may require, including— 
‘‘(1) an agreement between the entity that owns 
or controls the railroad right-of-way and the appli-
cant addressing access to the railroad right-of-way 
throughout the project; and 
‘‘(2) a cost-sharing agreement with the funding 
amounts that the entity that owns or controls the 
railroad right-of-way shall contribute to the project, 
which shall be not less than 10 percent of the total 
project cost. 
‘‘(c) ELIGIBLE PROJECTS.—The following projects 
are eligible to receive a grant under this section: 
‘‘(1) Installation, repair, or improvement, in-
cluding necessary acquisition of real property inter-
ests, of highway-rail grade crossing separations. 
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‘‘(2) Highway-rail grade crossing elimination 
incidental to eligible grade crossing separation 
projects. 
‘‘(3) Project planning, development, and envi-
ronmental work related to a project described in 
paragraph (1) or (2). 
‘‘(d) PROJECT SELECTION CRITERIA.—In awarding 
grants under this section, the Secretary— 
‘‘(1) shall give priority to projects that maxi-
mize the safety benefits of Federal funding; 
‘‘(2) shall give priority to projects that provide 
direct benefits to socially disadvantaged individuals 
(as such term is defined in section 22906(b)); and 
‘‘(3) may evaluate applications on the safety 
profile of the existing crossing, 10-year history of ac-
cidents at such crossing, inclusion of the proposed 
project on a State highway-rail grade crossing action 
plan, average daily vehicle traffic, total number of 
trains per day, average daily number of crossing clo-
sures, the challenges of grade crossings located near 
international borders, proximity to established emer-
gency evacuation routes, and proximity of commu-
nity resources, including schools, hospitals, fire sta-
tions, police stations, and emergency medical service 
facilities. 
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‘‘(e) FEDERAL SHARE OF TOTAL PROJECT COSTS.— 
‘‘(1) TOTAL
PROJECT
COSTS.—The Secretary 
shall estimate the total costs of a project under this 
section based on the best available information, in-
cluding any available engineering studies, studies of 
economic feasibility, environmental analysis, and in-
formation on the expected use of equipment or facili-
ties. 
‘‘(2) FEDERAL SHARE.—The Federal share for 
a project carried out under this section shall not ex-
ceed 85 percent. 
‘‘(f) GRANT CONDITIONS.—An eligible entity may not 
receive a grant for a project under this section unless such 
project complies with section 22905. 
‘‘(g) LETTERS OF INTENT.— 
‘‘(1) IN GENERAL.—The Secretary shall, to the 
maximum extent practicable, issue a letter of intent 
to a recipient of a grant under this section that— 
‘‘(A) announces an intention to obligate for 
a project an amount that is not more than the 
amount stipulated as the financial participation 
of the Secretary for the project; and 
‘‘(B) states that the contingent commit-
ment— 
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‘‘(i) is not an obligation of the Fed-
eral Government; and 
‘‘(ii) is subject to the availability of 
appropriations for grants under this sec-
tion and subject to Federal laws in force or 
enacted after the date of the contingent 
commitment. 
‘‘(2) CONGRESSIONAL NOTIFICATION.— 
‘‘(A) IN GENERAL.—Not later than 3 days 
before issuing a letter of intent under para-
graph (1), the Secretary shall submit written 
notification to— 
‘‘(i) the Committee on Transportation 
and Infrastructure of the House of Rep-
resentatives; 
‘‘(ii) the Committee on Appropriations 
of the House of Representatives; 
‘‘(iii) the Committee on Appropria-
tions of the Senate; and 
‘‘(iv) the Committee on Commerce, 
Science, and Transportation of the Senate. 
‘‘(B) CONTENTS.—The notification sub-
mitted under subparagraph (A) shall include— 
‘‘(i) a copy of the letter of intent; 
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‘‘(ii) the criteria used under sub-
section (d) for selecting the project for a 
grant; and 
‘‘(iii) a description of how the project 
meets such criteria. 
‘‘(h) APPROPRIATIONS REQUIRED.—An obligation or 
contingent commitment may be made under subsection (g) 
only after amounts are appropriated for such purpose. 
‘‘(i) DEFINITIONS.—In this section: 
‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible en-
tity’ means— 
‘‘(A) a State; 
‘‘(B) a public agency or publicly chartered 
authority; 
‘‘(C) a metropolitan planning organization; 
‘‘(D) a political subdivision of a State; and 
‘‘(E) a Tribal government. 
‘‘(2) METROPOLITAN
PLANNING
ORGANIZA-
TION.—The term ‘metropolitan planning organiza-
tion’ has the meaning given such term in section 
134(b) of title 23. 
‘‘(3) STATE.—The term ‘State’ means a State 
of the United States or the District of Columbia.’’. 
(b) CLERICAL AMENDMENT.—The analysis for chap-
ter 229 of title 49, United States Code, as amended by 
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this division, is further amended by adding at the end the 
following: 
‘‘22912. Highway-rail grade crossing separation grants.’’. 
SEC. 9552. RAIL SAFETY PUBLIC AWARENESS GRANT. 
Section 22907 of title 49, United States Code (as 
amended by this Act), is further amended by adding at 
the end the following new subsection: 
‘‘(o) RAIL SAFETY PUBLIC AWARENESS GRANTS.— 
‘‘(1) GRANT.—Of the amounts made available 
to carry out this section, the Secretary shall make 
grants to nonprofit organizations to carry out public 
information and education programs to help prevent 
and reduce rail-related pedestrian, motor vehicle, 
and other incidents, injuries, and fatalities, and to 
improve awareness along railroad right-of-way and 
at highway-rail grade crossings. 
‘‘(2) SELECTION.—Programs eligible for a 
grant under this subsection— 
‘‘(A) shall include, as appropriate— 
‘‘(i) development, placement, and dis-
semination of public service announce-
ments in appropriate media; 
‘‘(ii) school presentations, driver and 
pedestrian safety education, materials, and 
public awareness campaigns; and 
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‘‘(iii) disseminating information to the 
public on how to identify and report to the 
appropriate authorities— 
‘‘(I) unsafe or malfunctioning 
highway-rail 
grade 
crossings 
and 
equipment; and 
‘‘(II) high-risk and unsafe behav-
ior and trespassing around railroad 
right-of-way; and 
‘‘(B) may include targeted and sustained 
outreach in communities at greatest risk to de-
velop measures to reduce such risk. 
‘‘(3) COORDINATION.—Eligible entities shall co-
ordinate program activities with local communities, 
law enforcement and emergency responders, and 
railroad carriers, as appropriate, and ensure consist-
ency with State highway-rail grade crossing action 
plans required under section 11401(b) of the FAST 
Act (49 U.S.C. 22501 note) and the report titled 
‘National Strategy to Prevent Trespassing on Rail-
road Property’ issued by the Federal Railroad Ad-
ministration in October 2018. 
‘‘(4) PRIORITIZATION.—In awarding grants 
under this subsection, the Administrator shall give 
priority to applications for programs that— 
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‘‘(A) are nationally recognized; 
‘‘(B) are targeted at schools in close prox-
imity to railroad right-of-way; 
‘‘(C) partner with nearby railroad carriers; 
or 
‘‘(D) focus on communities with a recorded 
history of repeated pedestrian and motor vehicle 
accidents, incidents, injuries, and fatalities at 
highway-rail grade crossings and along railroad 
right-of-way. 
‘‘(5) APPLICABILITY.—Section 22905 shall not 
apply to contracts and agreements made under this 
subsection.’’. 
SEC. 9553. ESTABLISHMENT OF 10-MINUTE TIME LIMIT FOR 
BLOCKING PUBLIC HIGHWAY-RAIL GRADE 
CROSSINGS. 
(a) IN GENERAL.—Subchapter II of chapter 201 of 
title 49, United States Code, as amended by this division, 
is further amended by adding at the end the following: 
‘‘§ 20173. Time limit for blocking public highway-rail 
grade crossing 
‘‘(a) TIME LIMIT.—A railroad carrier may not cause 
a blocked crossing incident that is longer than 10 minutes 
in duration, unless the blocked crossing incident is caused 
by— 
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‘‘(1) a casualty or serious injury; 
‘‘(2) an accident; 
‘‘(3) a track obstruction; 
‘‘(4) actions necessary to comply with Federal 
rail safety laws, regulations, or orders issued there-
under unless the action to comply could reasonably 
occur at a different time or location; 
‘‘(5) actions necessary to adhere to section 
24308; 
‘‘(6) a train fully contained within rail yard lim-
its or fully contained in a rail siding; 
‘‘(7) an act of God; or 
‘‘(8) a derailment or a safety appliance equip-
ment failure that prevents the train from advancing. 
‘‘(b) INVESTIGATION
OF FREQUENTLY BLOCKED 
CROSSINGS.—For any public highway-rail grade crossing 
that has had 3 or more blocked crossing incidents that 
exceed the time limit set forth in subsection (a) and are 
reported to the blocked crossing database, and such inci-
dents have occurred on at least 3 calendar days within 
a 30-day period, the Secretary shall— 
‘‘(1) provide an electronic notice of the number 
of reported blocked crossing incidents to the railroad 
carrier that owns the public highway-rail grade 
crossing; 
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‘‘(2) investigate the causes of the blocked cross-
ing incidents; and 
‘‘(3) investigate possible measures to reduce the 
frequency and duration of blocked crossing incidents 
at such grade crossing. 
‘‘(c) RECORDKEEPING.— 
‘‘(1) IN
GENERAL.—A railroad carrier shall, 
upon receiving a notice under subsection (b), main-
tain train location data records for the public high-
way-rail grade crossing that was the subject of the 
notice. 
‘‘(2) CONTENTS OF RECORDS.—The train loca-
tion data records required under paragraph (1) shall 
include— 
‘‘(A) a list of all blocked crossing incidents 
at the public highway-rail grade crossing that is 
the subject of the report exceeding 10 minutes; 
‘‘(B) the cause of the blocked crossing inci-
dent (to the extent available); 
‘‘(C) train length; and 
‘‘(D) the estimated duration of each 
blocked crossing incident. 
‘‘(3) CONSULTATION.—Beginning on the date 
on which a railroad carrier receives a notice under 
subsection (b), the Secretary may consult with the 
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carrier for a period of 60 days to address concerns 
with blocked crossing incidents at the public high-
way-rail grade crossing that is the subject of the no-
tice. 
‘‘(4) EXPIRATION OF DATA COLLECTION.—The 
requirement to maintain records under paragraph 
(1) shall cease with respect to a public highway-rail 
grade crossing noticed under subsection (b)(2) if 
there are no reports submitted to the blocked cross-
ing database for blocked crossing incidents reported 
to occur at such grade crossing during the previous 
365 consecutive calendar days. 
‘‘(d) CIVIL PENALTIES.— 
‘‘(1) IN GENERAL.—The Secretary may issue 
civil penalties in accordance with section 21301 to 
railroad carriers for violations of subsection (a) oc-
curring 60 days after the date of submission of a no-
tice under subsection (b). 
‘‘(2) RELEASE OF RECORDS.—Upon the request 
of, and under requirements set by, the Secretary, 
railroad carriers shall provide the records main-
tained pursuant to subsection (c)(1) to the Adminis-
trator of the Federal Railroad Administration. 
‘‘(3) ALTERNATE
ROUTE
EXEMPTION.—Civil 
penalties may not be issued for violations of sub-
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section (a) that occur at a public highway-rail grade 
crossing if an alternate route created by a public 
highway-rail grade separation exists within a half 
mile by road mileage of such public highway-rail 
grade crossing. 
‘‘(4) GRADE SEPARATION PROJECT.—Civil pen-
alties may not be issued for violations of subsection 
(a) if the violation occurs at a public highway-rail 
grade crossing for which there is a proposed grade 
separation project— 
‘‘(A) that has received written agreement 
from the relevant local authorities; and 
‘‘(B) for which railroad carrier and project 
funding from all parties has been budgeted. 
‘‘(5) CONSIDERATIONS.—In determining civil 
penalties under this section, the Secretary shall con-
sider increased penalties in a case in which a pattern 
of the blocked crossing incidents continue to cause 
delays to State or local emergency services. 
‘‘(e) APPLICATION
TO AMTRAK
AND COMMUTER 
RAILROADS.—This section shall not apply to Amtrak or 
commuter authorities, including Amtrak and commuter 
authorities’ operations run or dispatched by a Class I rail-
road. 
‘‘(f) DEFINITIONS.—In this section: 
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‘‘(1) BLOCKED
CROSSING
DATABASE.—The 
term ‘blocked crossing database’ means the national 
blocked crossing database established under section 
20174. 
‘‘(2) BLOCKED CROSSING INCIDENT.—The term 
‘blocked crossing incident’ means a circumstance in 
which a train, locomotive, rail car, or other rail 
equipment is stopped in a manner that obstructs 
travel at a public highway-rail grade crossing. 
‘‘(3) PUBLIC
HIGHWAY-RAIL
GRADE
CROSS-
ING.—The term ‘public highway-rail grade crossing’ 
means a location within a State in which a public 
highway, road, or street, including associated side-
walks and pathways, crosses 1 or more railroad 
tracks at grade.’’. 
(b) CLERICAL AMENDMENT.—The analysis for sub-
chapter II of chapter 201 of title 49, United States Code, 
is further amended by adding at the end the following new 
item: 
‘‘20173. Time limit for blocking public highway-rail grade crossing.’’. 
SEC. 9554. NATIONAL BLOCKED CROSSING DATABASE. 
(a) IN GENERAL.—Subchapter II of chapter 201 of 
title 49, United States Code, as amended by this division, 
is further amended by adding at the end the following: 
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‘‘§ 20174. National blocked crossing database 
‘‘(a) DATABASE.—Not later than 45 days after the 
date of enactment of the TRAIN Act, the Secretary of 
Transportation shall establish a national blocked crossings 
database for the public to report blocked crossing inci-
dents. 
‘‘(b) PUBLIC AWARENESS.—Not later than 60 days 
after the date of enactment of the TRAIN Act, the Sec-
retary shall require each railroad carrier to publish the 
active link to report blocked crossing incidents on the 
website of the national blocked crossings database de-
scribed in subsection (a) on the home page of the publicly- 
available website of the railroad carrier. 
‘‘(c) BLOCKED CROSSING INCIDENT; PUBLIC HIGH-
WAY-RAIL GRADE CROSSING.—In this section, the terms 
‘blocked crossing incident’ and ‘public highway-rail grade 
crossing’ have the meanings given the terms in section 
20173.’’. 
(b) CLERICAL AMENDMENT.—The analysis for sub-
chapter II of chapter 201 of title 49, United States Code, 
is further amended by adding at the end the following new 
item: 
‘‘20174. National blocked crossing database.’’. 
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‘‘(A) verify that the public highway-rail 
grade crossing, as defined in section 20173, was 
blocked for a period of at least 10 minutes; and 
‘‘(B) upon positive verification of the re-
port, enter the report into the national blocked 
crossings database established in section 20174; 
and 
‘‘(7) promptly inform the Secretary of any up-
date to the number maintained under paragraph 
(1).’’; and 
(2) by adding at the end the following: 
‘‘(c) PUBLICATION OF TELEPHONE NUMBERS.—The 
Secretary shall make any telephone number established 
under subsection (a) publicly available on the website of 
the Department of Transportation.’’. 
SEC. 9556. NATIONAL HIGHWAY-RAIL CROSSING INVEN-
TORY REVIEW. 
(a) IN GENERAL.—Not later than 180 days after the 
date of enactment of this Act, the Secretary of Transpor-
tation shall expend such sums as are necessary to conduct 
a comprehensive review of the national highway-rail cross-
ing inventory of the Department of Transportation estab-
lished under section 20160 of title 49, United States Code. 
(b) CONTENTS.—In conducting the review required 
under subsection (a), the Secretary shall— 
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(1) verify the accuracy of the geographical loca-
tion data contained in the inventory described in 
subsection (a) using mapping technologies and other 
methods; and 
(2) notify the relevant railroad and State agen-
cies of the erroneous data in the inventory and re-
quire such entities to correct the erroneous data 
within 30 days of notification. 
(c) STATE REPORTS.—The Secretary shall require 
State agencies to ensure that any geographic data con-
tained in the inventory described in subsection (a) remains 
consistent with any geographic data identified in biennial 
State reports required under section 130 of title 23, 
United States Code. 
(d) REPORT.—Not later than 120 days after the com-
pletion of the review required under subsection (a), the 
Secretary shall submit to the Committee on Transpor-
tation and Infrastructure of the House of Representatives 
and the Committee on Commerce, Science, and Transpor-
tation of the Senate a report summarizing the corrections 
made to the inventory described in subsection (a) and the 
Secretary’s plans to ensure continued accuracy of such in-
ventory. 
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SEC. 
9557. 
RAILROAD 
TRESPASSING 
ENFORCEMENT 
GRANTS. 
Section 22907 of title 49, United States Code, is fur-
ther amended by adding at the end the following: 
‘‘(p) 
RAILROAD
TRESPASSING
ENFORCEMENT 
GRANTS.— 
‘‘(1) IN
GENERAL.—Of the amounts made 
available under this section, the Secretary may make 
grants to public law enforcement agencies engaged 
in, or seeking to engage in, suicide prevention efforts 
along railroad right-of-way to pay wages of law en-
forcement personnel to patrol railroad right-of-way 
located in communities at risk for rail trespassing 
incidents and fatalities. 
‘‘(2) PRIORITIZATION.—In awarding grants 
under this subsection, the Administrator shall give 
priority to applications from entities that have juris-
diction within the boundaries of the 10 States with 
the highest incidence of rail trespass related casual-
ties as reported in the previous fiscal year, as re-
ported by the National Rail Accident Incident Re-
porting System. 
‘‘(3) LIMITATION.—The Secretary shall not 
award more than 3 annual grants under this sub-
section to the same entity.’’. 
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SEC. 9558. RAILROAD TRESPASSING SUICIDE PREVENTION 
GRANTS. 
Section 22907 of title 49, United States Code, is fur-
ther amended by adding at the end the following: 
‘‘(q) RAILROAD TRESPASSING SUICIDE GRANTS.— 
‘‘(1) IN
GENERAL.—Of the amounts made 
available to carry out this section, the Secretary may 
make grants to eligible entities to implement a pub-
lic outreach campaign to reduce the number of rail-
road suicides. 
‘‘(2) ELIGIBLE ENTITY.—In this subsection, the 
term ‘eligible entity’ means a nonprofit mental 
health organization engaged in, or seeking to engage 
in, suicide prevention efforts along railroad right-of- 
way in partnership with a railroad carrier, as de-
fined in section 20102.’’. 
SEC. 9559. INCLUDING RAILROAD SUICIDES. 
(a) IN GENERAL.—Not less than 180 days after the 
enactment of this Act, the Secretary of Transportation 
shall revise any regulations, guidance, or other relevant 
agency documents to include the number of suicides on 
a railroad crossing or railroad right-of-way in the total 
number of rail fatalities the Secretary reports each year. 
(b) AUTHORITY OF THE SECRETARY.—In carrying 
out subsection (a), the Secretary may require Federal, 
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State, and local agencies, railroads, or other entities to 
submit such data as necessary. 
(c) APPLICABILITY
OF
RULEMAKING
REQUIRE-
MENTS.—The requirements of section 553 of title 5, 
United States Code, shall not apply to the modification 
required by subsection (a). 
SEC. 9560. REPORT ON SAFETY MEASURES REQUIRED FOR 
QUIET ZONES. 
Not later than 180 days after the date of enactment 
of this Act, the Administrator of the Federal Railroad Ad-
ministration shall— 
(1) submit to Congress a report on any supple-
mentary safety measures and alternative safety 
measures not contained in part 222 of title 49, Code 
of Federal Regulations, that can be used to qualify 
for a Quiet Zone or Partial Quiet Zone; and 
(2) include in the report submitted under para-
graph (1)— 
(A) a summary of the supplementary safe-
ty measures and alternative safety measures for 
which a public authority has requested approval 
from the Administrator to implement; and 
(B) an explanation for why such requests 
were not granted. 
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TITLE VI—MISCELLANEOUS 
SEC. 9601. RAIL NETWORK CLIMATE CHANGE VULNER-
ABILITY ASSESSMENT. 
(a) IN GENERAL.—The Secretary of Transportation 
shall seek to enter into an agreement with the National 
Academies to conduct an assessment of the potential im-
pacts of climate change on the national rail network. 
(b) ASSESSMENT.—At a minimum, the assessment 
conducted pursuant to subsection (a) shall— 
(1) cover the entire freight, commuter, and 
intercity passenger rail network of the United 
States; 
(2) evaluate risk to the network over 5-, 30-, 
and 50-year outlooks; 
(3) examine and describe potential effects of cli-
mate change and extreme weather events on pas-
senger and freight rail infrastructure, trackage, and 
facilities, including facilities owned by rail shippers; 
(4) identify and categorize the assets described 
in paragraph (3) by vulnerability level and geo-
graphic area; and 
(5) recommend strategies or measures to miti-
gate any adverse impacts of climate change, includ-
ing— 
(A) emergency preparedness measures; 
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(B) resiliency best practices for infrastruc-
ture planning; and 
(C) coordination with State and local au-
thorities. 
(c) REPORT.—Not later than 18 months after the 
date of enactment of this Act, the Secretary shall submit 
to the Committee on Transportation and Infrastructure 
of the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate a 
report containing the findings of the assessment conducted 
pursuant to subsection (a). 
(d) FURTHER COORDINATION.—The Secretary shall 
make the report publicly available on the website of the 
Department of Transportation and communicate the re-
sults of the assessment with stakeholders. 
(e) REGULATORY
AUTHORITY.—If the Secretary 
finds in the report required under subsection (c) that reg-
ulatory measures are warranted and such measures are 
otherwise under the existing authority of the Secretary, 
the Secretary may issue such regulations as are necessary 
to implement such measures. 
(f) FUNDING.—From the amounts made available for 
fiscal year 2022 under section 20117(b) of title 49, United 
States Code, the Secretary shall expend not less than 
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$1,500,000 to carry out the study required under subpara-
graph (a). 
SEC. 9602. ADVANCE ACQUISITION. 
(a) IN GENERAL.—Chapter 242 of title 49, United 
States Code, is amended by inserting the following after 
section 24202: 
‘‘SEC. 24203. ADVANCE ACQUISITION. 
‘‘(a) RAIL CORRIDOR PRESERVATION.—The Sec-
retary of Transportation may assist a recipient of Federal 
financial assistance provided by the Secretary for an inter-
city passenger rail project in acquiring a right-of-way and 
adjacent real property interests before or during the com-
pletion of the environmental reviews for a project that may 
use such property interests if the acquisition is otherwise 
permitted under Federal law. 
‘‘(b) CERTIFICATION.—Before authorizing advance 
acquisition under this section, the Secretary shall verify 
that— 
‘‘(1) the recipient has authority to acquire the 
real property interest; and 
‘‘(2) the acquisition of the real property inter-
est— 
‘‘(A) is for a transportation purpose; 
‘‘(B) will not cause significant adverse en-
vironmental impact; 
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‘‘(C) will not limit the choice of reasonable 
alternatives for the proposed project or other-
wise influence the decision of the Secretary on 
any approval required for the project; 
‘‘(D) does not prevent the lead agency 
from making an impartial decision as to wheth-
er to accept an alternative that is being consid-
ered; 
‘‘(E) complies with other applicable Fed-
eral laws and regulations; and 
‘‘(F) will not result in elimination or re-
duction of benefits or assistance to a displaced 
person required by the Uniform Relocation As-
sistance and Real Property Acquisition Policies 
Act of 1970 (42 U.S.C. 4601 et seq.) and title 
VI of the Civil Rights Act of 1964 (42 U.S.C. 
2000d et seq.). 
‘‘(c) ENVIRONMENTAL REVIEWS.— 
‘‘(1) COMPLETION OF NEPA REVIEW.—Before 
reimbursing or approving the expenditure of Federal 
funding for an acquisition of a real property inter-
est, the Secretary shall complete all review processes 
otherwise required under the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4321 et seq.), 
section 4(f) of the Department of Transportation 
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Act of 1966 (49 U.S.C. 303), and section 106 of the 
National Historic Preservation Act (16 U.S.C. 470f) 
with respect to the acquisition. 
‘‘(2) TIMING OF DEVELOPMENT ACQUISITION.— 
A real property interest acquired under subsection 
(a) may not be developed in anticipation of the pro-
posed project until all required environmental re-
views for the project have been completed. 
‘‘(d) INCLUSION
IN
NON-FEDERAL
SHARE
OF 
PROJECT COSTS.—Non-Federal funds used to acquire 
right-of-way and adjacent real property interests under 
this section before or during the environmental review, or 
before the award of a grant by the Secretary, shall be in-
cluded in determining the non-Federal share of the costs 
of the underlying intercity passenger rail project. 
‘‘(e) SAVINGS CLAUSE.—The advance acquisition 
process described in this section— 
‘‘(1) is in addition to processes in effect on or 
before the date of enactment of the TRAIN Act; and 
‘‘(2) does not affect— 
‘‘(A) any right of the recipient described in 
subsection (a) to acquire property; or 
‘‘(B) any other environmental review proc-
ess, program, agreement, or funding arrange-
ment related to the acquisition of real property, 
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‘‘(I) the available amount for the 
preceding fiscal year; and 
‘‘(II) the amount determined by 
multiplying— 
‘‘(aa) the available amount 
for the preceding fiscal year; and 
‘‘(bb) the change, relative to 
the preceding fiscal year, in the 
Consumer Price Index for All 
Urban Consumers published by 
the Department of Labor.’’; and 
(2) in subsection (a)(2)(A) by striking ‘‘the end 
of the fiscal year’’ and inserting ‘‘the end of the sub-
sequent fiscal year’’. 
(b) AUTHORIZED
EXPENSES
FOR
ADMINISTRA-
TION.—Section 9(a) of the Pittman-Robertson Wildlife 
Restoration Act (16 U.S.C. 669h(a)) is amended— 
(1) in paragraph (1)— 
(A) by striking ‘‘on a full-time basis’’; and 
(B) by inserting ‘‘for the work hours the 
employee spends directly administering this Act, 
as such hours are certified by the supervisor of 
the employee’’ after ‘‘administer this Act’’; 
(2) by striking ‘‘paragraphs (1) and (2)’’ and 
inserting ‘‘paragraph (1)’’ each place it appears; 
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