H. R. 22—377 
transfers primary employment or residence from the certifying 
or commissioning State to another State or jurisdiction, the 
railroad police officer, not later than 1 year after the date 
of transfer, shall apply to be certified or commissioned as a 
police office under the laws of the State of new primary employ-
ment or residence. 
‘‘(2) INTERIM PERIOD.—During the period beginning on the 
date of transfer and ending 1 year after the date of transfer, 
a railroad police officer directly employed by or contracted 
by a rail carrier and certified or commissioned as a police 
officer under the laws of a State may enforce the laws of 
the new jurisdiction in which the railroad police officer resides, 
to the same extent as provided in subsection (a). 
‘‘(d) TRAINING.— 
‘‘(1) IN GENERAL.—A State may recognize as meeting that 
State’s basic police officer certification or commissioning 
requirements for qualification as a rail police officer under 
this section any individual who successfully completes a pro-
gram at a State-recognized police training academy in another 
State or at a Federal law enforcement training center and 
who is certified or commissioned as a police officer by that 
other State. 
‘‘(2) RULE OF CONSTRUCTION.—Nothing in this subsection 
shall be construed as superseding or affecting any State 
training requirements related to criminal law, criminal proce-
dure, motor vehicle code, any other State law, or State-man-
dated comparative or annual in-service training academy or 
Federal law enforcement training center.’’. 
(b) REGULATIONS.—Not later than 1 year after the date of 
enactment of this Act, the Secretary shall revise the regulations 
in part 207 of title 49, Code of Federal Regulations (relating to 
railroad police officers), to permit a railroad to designate an indi-
vidual, who is commissioned in the individual’s State of legal resi-
dence or State of primary employment and directly employed by 
or contracted by a railroad to enforce State laws for the protection 
of railroad property, personnel, passengers, and cargo, to serve 
in the States in which the railroad owns property. 
(c) CONFORMING AMENDMENTS.— 
(1) AMTRAK
RAIL
POLICE.—Section 24305(e) of title 49, 
United States Code, is amended— 
(A) by striking ‘‘may employ’’ and inserting ‘‘may 
directly employ or contract with’’; 
(B) by striking ‘‘employed by’’ and inserting ‘‘directly 
employed by or contracted by’’; and 
(C) by striking ‘‘employed without’’ and inserting 
‘‘directly employed or contracted without’’. 
(2) EXCEPTIONS.—Section 922(z)(2)(B) of title 18, United 
States Code, is amended by striking ‘‘employed by’’ and 
inserting ‘‘directly employed by or contracted by’’. 
SEC. 11413. REPAIR AND REPLACEMENT OF DAMAGED TRACK INSPEC-
TION EQUIPMENT. 
(a) IN GENERAL.—Subchapter I of chapter 201 of title 49, United 
States Code, is amended by adding at the end the following:
H. R. 22—378 
‘‘§ 20121. Repair and replacement of damaged track inspec-
tion equipment 
‘‘The Secretary of Transportation may receive and expend cash, 
or receive and utilize spare parts and similar items, from non- 
United States Government sources to repair damages to or replace 
United States Government-owned automated track inspection cars 
and equipment as a result of third-party liability for such damages, 
and any amounts collected under this section shall be credited 
directly to the Railroad Safety and Operations account of the Fed-
eral Railroad Administration and shall remain available until 
expended for the repair, operation, and maintenance of automated 
track inspection cars and equipment in connection with the auto-
mated track inspection program.’’. 
(b) CONFORMING AMENDMENT.—The table of contents for sub-
chapter I of chapter 201 of title 49, United States Code, is amended 
by adding at the end the following: 
‘‘20121. Repair and replacement of damaged track inspection equipment.’’. 
SEC. 11414. REPORT ON VERTICAL TRACK DEFLECTION. 
(a) REPORT.—Not later than 9 months after the date of enact-
ment of this Act, the Secretary shall transmit 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 detailing research conducted or procured 
by the Federal Railroad Administration on developing a system 
that measures vertical track deflection (in this section referred 
to as ‘‘VTD’’) from a moving rail car, including the ability of such 
system to identify poor track support from fouled ballast, deterio-
rated cross ties, or other conditions. 
(b) CONTENTS.—The report required under subsection (a) shall 
include— 
(1) the findings and results of testing of VTD instrumenta-
tion during field trials on revenue service track; 
(2) the findings and results of subsequent testing of VTD 
instrumentation on a Federal Railroad Administration auto-
mated track inspection program geometry car; 
(3) if considered appropriate by the Secretary based on 
the report and related research, a plan for developing quan-
titative inspection criteria for poor track support using existing 
VTD instrumentation on Federal Railroad Administration auto-
mated track inspection program geometry cars; and 
(4) if considered appropriate by the Secretary based on 
the report and related research, a plan for installing VTD 
instrumentation on all remaining Federal Railroad Administra-
tion automated track inspection program geometry cars not 
later than 3 years after the date of enactment of this Act. 
SEC. 11415. RAIL PASSENGER LIABILITY. 
(a) AMTRAK INCIDENT.—Notwithstanding any other provision 
of law, the aggregate allowable awards to all rail passengers, 
against all defendants, for all claims, including claims for punitive 
damages, arising from a single accident or incident involving 
Amtrak occurring on May 12, 2015, shall not exceed $295,000,000. 
(b) ADJUSTMENT BASED
ON CONSUMER PRICE INDEX.—The 
liability cap under section 28103(a)(2) of title 49, United States 
Code, shall be adjusted on the date of enactment of this Act to
H. R. 22—379 
reflect the change in the Consumer Price Index-All Urban Con-
sumers between such date and December 2, 1997, and the Secretary 
shall provide appropriate public notice of such adjustment. The 
adjustment of the liability cap shall be effective 30 days after 
such notice. Every fifth year after the date of enactment of this 
Act, the Secretary shall adjust such liability cap to reflect the 
change in the Consumer Price Index-All Urban Consumers since 
the last adjustment. The Secretary shall provide appropriate public 
notice of each such adjustment, and the adjustment shall become 
effective 30 days after such notice. 
Subtitle E—Project Delivery 
SEC. 11501. SHORT TITLE. 
This subtitle may be cited as the ‘‘Track, Railroad, and Infra-
structure Network Act’’ or the ‘‘TRAIN Act’’. 
SEC. 11502. TREATMENT OF IMPROVEMENTS TO RAIL AND TRANSIT 
UNDER PRESERVATION REQUIREMENTS. 
(a) TITLE 23 AMENDMENT.—Section 138 of title 23, United 
States Code, is further amended by adding at the end the following: 
‘‘(f) RAIL AND TRANSIT.— 
‘‘(1) IN GENERAL.—Improvements to, or the maintenance, 
rehabilitation, or operation of, railroad or rail transit lines 
or elements thereof that are in use or were historically used 
for the transportation of goods or passengers shall not be consid-
ered a use of a historic site under subsection (a), regardless 
of whether the railroad or rail transit line or element thereof 
is listed on, or eligible for listing on, the National Register 
of Historic Places. 
‘‘(2) EXCEPTIONS.— 
‘‘(A) IN GENERAL.—Paragraph (1) shall not apply to— 
‘‘(i) stations; or 
‘‘(ii) bridges or tunnels located on— 
‘‘(I) railroad lines that have been abandoned; 
or 
‘‘(II) transit lines that are not in use. 
‘‘(B) CLARIFICATION WITH RESPECT TO CERTAIN BRIDGES 
AND
TUNNELS.—The bridges and tunnels referred to in 
subparagraph (A)(ii) do not include bridges or tunnels 
located on railroad or transit lines— 
‘‘(i) over which service has been discontinued; or 
‘‘(ii) that have been railbanked or otherwise 
reserved for the transportation of goods or pas-
sengers.’’. 
(b) TITLE 49 AMENDMENT.—Section 303 of title 49, United 
States Code, is further amended— 
(1) in subsection (c), in the matter preceding paragraph 
(1), by striking ‘‘subsection (d)’’ and inserting ‘‘subsections (d) 
and (h)’’; and 
(2) by adding at the end the following: 
‘‘(h) RAIL AND TRANSIT.— 
‘‘(1) IN GENERAL.—Improvements to, or the maintenance, 
rehabilitation, or operation of, railroad or rail transit lines 
or elements thereof that are in use or were historically used
H. R. 22—380 
for the transportation of goods or passengers shall not be consid-
ered a use of a historic site under subsection (c), regardless 
of whether the railroad or rail transit line or element thereof 
is listed on, or eligible for listing on, the National Register 
of Historic Places. 
‘‘(2) EXCEPTIONS.— 
‘‘(A) IN GENERAL.—Paragraph (1) shall not apply to— 
‘‘(i) stations; or 
‘‘(ii) bridges or tunnels located on— 
‘‘(I) railroad lines that have been abandoned; 
or 
‘‘(II) transit lines that are not in use. 
‘‘(B) CLARIFICATION WITH RESPECT TO CERTAIN BRIDGES 
AND
TUNNELS.—The bridges and tunnels referred to in 
subparagraph (A)(ii) do not include bridges or tunnels 
located on railroad or transit lines— 
‘‘(i) over which service has been discontinued; or 
‘‘(ii) that have been railbanked or otherwise 
reserved for the transportation of goods or pas-
sengers.’’. 
SEC. 11503. EFFICIENT ENVIRONMENTAL REVIEWS. 
(a) AMENDMENT.—Title 49, United States Code, is amended 
by inserting after chapter 241 the following new chapter: 
‘‘CHAPTER 242—PROJECT DELIVERY 
‘‘Sec. 
‘‘24201. Efficient environmental reviews. 
‘‘§ 24201. Efficient environmental reviews 
‘‘(a) EFFICIENT ENVIRONMENTAL REVIEWS.— 
‘‘(1) IN GENERAL.—The Secretary of Transportation shall 
apply the project development procedures, to the greatest extent 
feasible, described in section 139 of title 23 to any railroad 
project that requires the approval of the Secretary under the 
National Environmental Policy Act of 1969 (42 U.S.C. 4321 
et seq.). 
‘‘(2) REGULATIONS AND PROCEDURES.—In carrying out para-
graph (1), the Secretary shall incorporate into agency regula-
tions and procedures pertaining to railroad projects described 
in paragraph (1) aspects of such project development proce-
dures, or portions thereof, determined appropriate by the Sec-
retary in a manner consistent with this section, that increase 
the efficiency of the review of railroad projects. 
‘‘(3) DISCRETION.—The Secretary may choose not to incor-
porate into agency regulations and procedures pertaining to 
railroad projects described in paragraph (1) such project 
development procedures that could only feasibly apply to high-
way projects, public transportation capital projects, and 
multimodal projects. 
‘‘(4) APPLICABILITY.—Subsection (l) of section 139 of title 
23 shall apply to railroad projects described in paragraph (1), 
except that the limitation on claims of 150 days shall be 2 
years. 
‘‘(b) ADDITIONAL CATEGORICAL EXCLUSIONS.—Not later than 6 
months after the date of enactment of the Passenger Rail Reform 
and Investment Act of 2015, the Secretary shall—
H. R. 22—381 
‘‘(1) survey the use by the Federal Railroad Administration 
of categorical exclusions in transportation projects since 2005; 
and 
‘‘(2) publish in the Federal Register for notice and public 
comment a review of the survey that includes a description 
of— 
‘‘(A) the types of actions categorically excluded; and 
‘‘(B) any actions the Secretary is considering for new 
categorical exclusions, including those that would conform 
to those of other modal administrations. 
‘‘(c) NEW CATEGORICAL EXCLUSIONS.—Not later than 1 year 
after the date of enactment of the Passenger Rail Reform and 
Investment Act of 2015, the Secretary shall publish a notice of 
proposed rulemaking to propose new and existing categorical exclu-
sions for railroad projects that require the approval of the Secretary 
under the National Environmental Policy Act of 1969 (42 U.S.C. 
4321 et seq.), including those identified under subsection (b), and 
develop a process for considering new categorical exclusions to 
the extent that the categorical exclusions meet the criteria for 
a categorical exclusion under section 1508.4 of title 40, Code of 
Federal Regulations. 
‘‘(d) TRANSPARENCY.—The Secretary shall maintain and make 
publicly available, including on the Internet, a database that identi-
fies project-specific information on the use of a categorical exclusion 
on any railroad project carried out under this title. 
‘‘(e) PROTECTIONS
FOR EXISTING AGREEMENTS
AND NEPA.— 
Nothing in subtitle E of the Passenger Rail Reform and Investment 
Act of 2015, or any amendment made by such subtitle, shall affect 
any existing environmental review process, program, agreement, 
or funding arrangement approved by the Secretary under title 49, 
as that title was in effect on the day preceding the date of enactment 
of such subtitle.’’. 
(b) SAVINGS CLAUSE.—Except as expressly provided in section 
41003(f) and subsection (o) of section 139 of title 23, United States 
Code, the requirements and other provisions of title 41 of this 
Act shall not apply to— 
(1) programs administered now and in the future by the 
Department of Transportation or its operating administrations 
under title 23, 46, or 49, United States Code, including direct 
loan and loan guarantee programs, or other Federal statutes 
or programs or projects administered by an agency pursuant 
to their authority under title 49, United States Code; or 
(2) any project subject to section 2045 of the Water 
Resources Development Act of 2007 (33 U.S.C. 2348). 
(c) TABLE OF CHAPTERS AMENDMENT.—The table of chapters 
of subtitle V of title 49, United States Code, is amended by inserting 
after the item relating to chapter 241 the following: 
‘‘242. Project delivery ............................................................................................24201’’. 
SEC. 11504. RAILROAD RIGHTS-OF-WAY. 
(a) AMENDMENT.—Chapter 242 of title 49, United States Code, 
(as added by this Act) is amended by adding at the end the following: 
‘‘§ 24202. Railroad rights-of-way 
‘‘(a) IN GENERAL.—Not later than 1 year after the date of 
enactment of the Passenger Rail Reform and Investment Act of 
2015, the Secretary shall submit a proposed exemption of railroad
H. R. 22—382 
rights-of-way from the review under section 306108 of title 54 
to the Advisory Council on Historic Preservation for consideration, 
consistent with the exemption for interstate highways approved 
on March 10, 2005 (70 Fed. Reg. 11,928). 
‘‘(b) FINAL EXEMPTION.—Not later than 180 days after the 
date on which the Secretary submits the proposed exemption under 
subsection (a) to the Council, the Council shall issue a final exemp-
tion of railroad rights-of-way from review under chapter 3061 of 
title 54 consistent with the exemption for interstate highways 
approved on March 10, 2005 (70 Fed. Reg. 11,928).’’. 
(b) CONFORMING
AMENDMENT.—The table of contents for 
chapter 242 of title 49, United States Code, (as added by this 
Act) is amended by adding at the end the following: 
‘‘24202. Railroad rights-of-way.’’. 
Subtitle F—Financing 
SEC. 11601. SHORT TITLE; REFERENCES. 
(a) SHORT TITLE.—This subtitle may be cited as the ‘‘Railroad 
Infrastructure Financing Improvement Act’’. 
(b) REFERENCES TO THE RAILROAD REVITALIZATION AND REGU-
LATORY REFORM ACT OF 1976.—Except as otherwise expressly pro-
vided, wherever in this subtitle an amendment or repeal is 
expressed in terms of an amendment to, or repeal of, a section 
or other provision, the reference shall be considered to be made 
to a section or other provision of the Railroad Revitalization and 
Regulatory Reform Act of 1976 (45 U.S.C. 801 et seq.). 
SEC. 11602. DEFINITIONS. 
Section 501 (45 U.S.C. 821) is amended— 
(1) by redesignating paragraph (8) as paragraph (10); 
(2) by redesignating paragraphs (6) and (7) as paragraphs 
(7) and (8), respectively; 
(3) by inserting after paragraph (5) the following: 
‘‘(6) The term ‘investment-grade rating’ means a rating 
of BBB minus, Baa 3, bbb minus, BBB(low), or higher assigned 
by a rating agency.’’; 
(4) by inserting after paragraph (8), as redesignated, the 
following: 
‘‘(9) The term ‘master credit agreement’ means an agree-
ment to make 1 or more direct loans or loan guarantees at 
future dates for a program of related projects on terms accept-
able to the Secretary.’’; and 
(5) by adding at the end the following: 
‘‘(11) The term ‘project obligation’ means a note, bond, 
debenture, or other debt obligation issued by a borrower in 
connection with the financing of a project, other than a direct 
loan or loan guarantee under this title. 
‘‘(12) The term ‘railroad’ has the meaning given the term 
‘railroad carrier’ in section 20102 of title 49, United States 
Code. 
‘‘(13) The term ‘rating agency’ means a credit rating agency 
registered with the Securities and Exchange Commission as 
a nationally recognized statistical rating organization (as 
defined in section 3(a) of the Securities Exchange Act of 1934 
(15 U.S.C. 78c(a))).
H. R. 22—383 
‘‘(14) The term ‘substantial completion’ means— 
‘‘(A) the opening of a project to passenger or freight 
traffic; or 
‘‘(B) a comparable event, as determined by the Sec-
retary and specified in the terms of the direct loan or 
loan guarantee provided by the Secretary.’’. 
SEC. 11603. ELIGIBLE APPLICANTS. 
Section 502(a) (45 U.S.C. 822(a)) is amended— 
(1) in paragraph (5), by striking ‘‘one railroad’’ and inserting 
‘‘1 of the entities described in paragraph (1), (2), (3), (4), or 
(6)’’; and 
(2) by amending paragraph (6) to read as follows: 
‘‘(6) solely for the purpose of constructing a rail connection 
between a plant or facility and a railroad, limited option freight 
shippers that own or operate a plant or other facility.’’. 
SEC. 11604. ELIGIBLE PURPOSES. 
(a) IN GENERAL.—Section 502(b)(1) (45 U.S.C. 822(b)(1)) is 
amended— 
(1) in subparagraph (A), by inserting ‘‘, and costs related 
to these activities, including pre-construction costs’’ after 
‘‘shops’’; 
(2) in subparagraph (B), by striking ‘‘subparagraph (A); 
or’’ and inserting ‘‘subparagraph (A) or (C);’’; 
(3) in subparagraph (C), by striking the period at the 
end and inserting a semicolon; and 
(4) by adding at the end the following: 
‘‘(D) reimburse planning and design expenses relating 
to activities described in subparagraph (A) or (C); or 
‘‘(E) finance economic development, including commer-
cial and residential development, and related infrastructure 
and activities, that— 
‘‘(i) incorporates private investment; 
‘‘(ii) is physically or functionally related to a pas-
senger rail station or multimodal station that includes 
rail service; 
‘‘(iii) has a high probability of the applicant com-
mencing the contracting process for construction not 
later than 90 days after the date on which the direct 
loan or loan guarantee is obligated for the project 
under this title; and 
‘‘(iv) has a high probability of reducing the need 
for financial assistance under any other Federal pro-
gram for the relevant passenger rail station or service 
by increasing ridership, tenant lease payments, or 
other activities that generate revenue exceeding costs.’’. 
(b) REQUIRED NON-FEDERAL MATCH
FOR TRANSIT-ORIENTED 
DEVELOPMENT PROJECTS.—Section 502(h) (45 U.S.C. 822(h)) is 
amended by adding at the end the following: 
‘‘(4) The Secretary shall require each recipient of a direct loan 
or loan guarantee under this section for a project described in 
subsection (b)(1)(E) to provide a non-Federal match of not less 
than 25 percent of the total amount expended by the recipient 
for such project.’’. 
(c) SUNSET.—Section 502(b) (45 U.S.C. 822(b)) is amended by 
adding at the end the following:
H. R. 22—384 
‘‘(3) SUNSET.—The Secretary may provide a direct loan 
or loan guarantee under this section for a project described 
in paragraph (1)(E) only during the 4-year period beginning 
on the date of enactment of the Passenger Rail Reform and 
Investment Act of 2015.’’. 
SEC. 11605. PROGRAM ADMINISTRATION. 
(a) APPLICATION PROCESSING PROCEDURES.—Section 502(i) (45 
U.S.C. 822(i)) is amended to read as follows: 
‘‘(i) APPLICATION PROCESSING PROCEDURES.— 
‘‘(1) APPLICATION STATUS NOTICES.—Not later than 30 days 
after the date that the Secretary receives an application under 
this section, or additional information and material under para-
graph (2)(B), the Secretary shall provide the applicant written 
notice as to whether the application is complete or incomplete. 
‘‘(2) INCOMPLETE
APPLICATIONS.—If the Secretary deter-
mines that an application is incomplete, the Secretary shall— 
‘‘(A) provide the applicant with a description of all 
of the specific information or material that is needed to 
complete the application, including any information 
required by an independent financial analyst; and 
‘‘(B) allow the applicant to resubmit the application 
with the information and material described under 
subparagraph (A) to complete the application. 
‘‘(3) APPLICATION APPROVALS AND DISAPPROVALS.— 
‘‘(A) IN GENERAL.—Not later than 60 days after the 
date the Secretary notifies an applicant that an application 
is complete under paragraph (1), the Secretary shall pro-
vide the applicant written notice as to whether the Sec-
retary has approved or disapproved the application. 
‘‘(B) ACTIONS
BY
THE
OFFICE
OF
MANAGEMENT
AND 
BUDGET.—In order to enable compliance with the time limit 
under subparagraph (A), the Office of Management and 
Budget shall take any action required with respect to the 
application within that 60-day period. 
‘‘(4) EXPEDITED PROCESSING.—The Secretary shall imple-
ment procedures and measures to economize the time and 
cost involved in obtaining an approval or a disapproval of 
an application for a direct loan or loan guarantee under this 
title. 
‘‘(5) DASHBOARD.—The Secretary shall post on the Depart-
ment of Transportation’s Internet Web site a monthly report 
that includes, for each application— 
‘‘(A) the applicant type; 
‘‘(B) the location of the project; 
‘‘(C) a brief description of the project, including its 
purpose; 
‘‘(D) the requested direct loan or loan guarantee 
amount; 
‘‘(E) the date on which the Secretary provided applica-
tion status notice under paragraph (1); and 
‘‘(F) the date that the Secretary provided notice of 
approval or disapproval under paragraph (3).’’. 
(b) ADMINISTRATION
OF DIRECT LOANS
AND LOAN GUARAN-
TEES.—Section 503 (45 U.S.C. 823) is amended—
H. R. 22—385 
(1) in subsection (a) by striking the period at the end 
and inserting ‘‘, including a program guide, a standard term 
sheet, and specific timetables.’’; 
(2) by redesignating subsections (c) through (l) as sub-
sections (d) through (m), respectively; 
(3) by striking ‘‘(b) ASSIGNMENT OF LOAN GUARANTEES.— 
’’ and inserting ‘‘(c) ASSIGNMENT
OF LOAN GUARANTEES.—’’; 
(4) in subsection (d), as so redesignated— 
(A) in paragraph (1) by striking ‘‘; and’’ and inserting 
a semicolon; 
(B) in paragraph (2) by striking the period at the 
end and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(3) the modification cost has been covered under section 
502(f).’’; and 
(5) by striking subsection (l), as so redesignated, and 
inserting the following: 
‘‘(l) CHARGES AND LOAN SERVICING.— 
‘‘(1) PURPOSES.—The Secretary may collect from each 
applicant, obligor, or loan party a reasonable charge for— 
‘‘(A) the cost of evaluating the application, amend-
ments, modifications, and waivers, including for evaluating 
project viability, applicant creditworthiness, and the 
appraisal of the value of the equipment or facilities for 
which the direct loan or loan guarantee is sought, and 
for making necessary determinations and findings; 
‘‘(B) the cost of award management and project 
management oversight; 
‘‘(C) the cost of services from expert firms, including 
counsel, and independent financial advisors to assist in 
the underwriting, auditing, servicing, and exercise of rights 
with respect to direct loans and loan guarantees; and 
‘‘(D) the cost of all other expenses incurred as a result 
of a breach of any term or condition or any event of default 
on a direct loan or loan guarantee. 
‘‘(2) STANDARDS.—The Secretary may charge different 
amounts under this subsection based on the different costs 
incurred under paragraph (1). 
‘‘(3) SERVICER.— 
‘‘(A) IN GENERAL.—The Secretary may appoint a finan-
cial entity to assist the Secretary in servicing a direct 
loan or loan guarantee under this title. 
‘‘(B) DUTIES.—A servicer appointed under subpara-
graph (A) shall act as the agent of the Secretary in serving 
a direct loan or loan guarantee under this title. 
‘‘(C) FEES.—A servicer appointed under subparagraph 
(A) shall receive a servicing fee from the obligor or other 
loan party, subject to approval by the Secretary. 
‘‘(4) SAFETY AND OPERATIONS ACCOUNT.—Amounts collected 
under this subsection shall— 
‘‘(A) be credited directly to the Safety and Operations 
account of the Federal Railroad Administration; and 
‘‘(B) remain available until expended to pay for the 
costs described in this subsection.’’.