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‘‘(d) ASSISTANCE.— 
‘‘(1) IN GENERAL.—The Secretary may provide 
assistance to the parties in the course of negotiations 
for a contract for operation of a State-supported 
route. 
‘‘(2) 
FINANCIAL
ASSISTANCE.—From 
among 
available funds, the Secretary shall— 
‘‘(A) provide financial assistance to Amtrak 
or 1 or more States to perform requested inde-
pendent technical analysis of issues before the 
Committee; and 
‘‘(B) reimburse Members for travel expenses, 
including per diem in lieu of subsistence, in ac-
cordance with section 5703 of title 5. 
‘‘(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 consider in-
cluding provisions that provide penalties and incentives for 
performance. 
‘‘(f) STATEMENT OF GOALS AND OBJECTIVES.— 
‘‘(1) IN GENERAL.—The Committee shall develop 
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-
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† HR 22 EAS 
mittee members and any other relevant entities, such 
as host railroads, in meeting the identified goals and 
objectives, or carrying out the recommendations. 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 2 years after the 
date of enactment of the Railroad Reform, Enhance-
ment, and Efficiency Act the Committee shall trans-
mit the statement developed under paragraph (1) to 
the Committee on Commerce, Science, and Transpor-
tation of the Senate and the Committee on Transpor-
tation and Infrastructure of the House of Representa-
tives. 
‘‘(g) 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 
passenger carriers on State-supported routes.
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† HR 22 EAS 
‘‘(h) FEDERAL ADVISORY COMMITTEE ACT.—The Fed-
eral Advisory Committee Act (5 U.S.C. App.) shall not 
apply to the Committee. 
‘‘(i) DEFINITION OF STATE.—In this section, the term 
‘State’ means any of the 50 States, the District of Columbia, 
or a public entity that sponsor the operation of trains by 
Amtrak on a State-supported route.’’. 
(b) TECHNICAL
AND CONFORMING AMENDMENTS.— 
The table of contents for chapter 247 is amended by adding 
at the end the following: 
‘‘24712. State-supported routes operated by Amtrak.’’. 
SEC. 35204. ROUTE AND SERVICE PLANNING DECISIONS. 
Section 208 of the Passenger Rail Investment and Im-
provement Act of 2008 (49 U.S.C. 24101 note) is amended 
to read as follows: 
‘‘SEC. 208. METHODOLOGIES FOR AMTRAK ROUTE AND 
SERVICE PLANNING DECISIONS. 
‘‘(a) METHODOLOGY DEVELOPMENT.—Not later than 
180 days after the date of enactment of the Railroad Re-
form, Enhancement, and Efficiency Act, as a condition of 
receiving a grant under section 101 of that Act, Amtrak 
shall obtain the services of an independent entity to develop 
and recommend objective methodologies for Amtrak to use 
in determining what intercity rail passenger transportation 
routes and services it should provide, including the estab-
lishment of new routes, the elimination of existing routes,
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† HR 22 EAS 
and the contraction or expansion of services or frequencies 
over such routes. 
‘‘(b) CONSIDERATIONS.—Amtrak shall require the 
independent entity, in developing the methodologies de-
scribed in subsection (a), to consider— 
‘‘(1) the current and expected performance and 
service quality of intercity rail passenger transpor-
tation operations, including cost recovery, on-time 
performance, ridership, on-board services, stations, fa-
cilities, equipment, and other services; 
‘‘(2) the connectivity of a route with other routes; 
‘‘(3) the transportation needs of communities 
and populations that are not well served by intercity 
rail passenger transportation service or by other 
forms of intercity transportation; 
‘‘(4) the methodologies of Amtrak and major 
intercity rail passenger transportation service pro-
viders in other countries for determining intercity 
passenger rail routes and services; 
‘‘(5) the financial and operational effects on the 
overall network, including the effects on indirect costs; 
‘‘(6) the views of States and the recommenda-
tions described in State rail plans, rail carriers that 
own infrastructure over which Amtrak operates, 
Interstate Compacts established by Congress and
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† HR 22 EAS 
States, Amtrak employee representatives, stakeholder 
organizations, and other interested parties; and 
‘‘(7) the funding levels that will be available 
under authorization levels that have been enacted into 
law. 
‘‘(c) RECOMMENDATIONS.—Not later than 1 year after 
the date of enactment of the Railroad Reform, Enhance-
ment, and Efficiency Act, Amtrak shall transmit to the 
Committee on Commerce, Science, and Transportation of 
the Senate and the Committee on Transportation and In-
frastructure of the House of Representatives recommenda-
tions developed by the independent entity under subsection 
(a). 
‘‘(d) CONSIDERATION
OF RECOMMENDATIONS.—Not 
later than 90 days after the date the recommendations are 
transmitted under subsection (c), Amtrak shall consider the 
adoption of each recommendation and transmit to the Com-
mittee on Commerce, Science, and Transportation of the 
Senate and the Committee on Transportation and Infra-
structure of the House of Representatives a report explain-
ing the reasons for adopting or not adopting each rec-
ommendation.’’. 
SEC. 35205. COMPETITION. 
(a) ALTERNATE PASSENGER RAIL SERVICE PILOT 
PROGRAM.—Section 24711 is amended to read as follows:
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† HR 22 EAS 
‘‘§ 24711. Alternate passenger rail service pilot pro-
gram 
‘‘(a) IN GENERAL.—Not later than 18 months after the 
date of enactment of the Railroad Reform, Enhancement, 
and Efficiency Act, the Secretary of Transportation shall 
promulgate a rule to implement a pilot program for com-
petitive selection of rail carriers for long-distance routes (as 
defined in section 24102). 
‘‘(b) PILOT PROGRAM REQUIREMENTS.— 
‘‘(1) IN GENERAL.—The pilot program shall— 
‘‘(A) allow a party described in paragraph 
(2) to petition the Secretary to provide intercity 
rail passenger transportation over a long-dis-
tance route in lieu of Amtrak for an operations 
period of 4 years from the date of commencement 
of service by the winning bidder and, at the op-
tion of the Secretary, consistent with the rule 
promulgated under subsection (a), allow the con-
tract to be renewed for an additional operations 
period of 4 years, but not to exceed a total of 3 
operations periods; 
‘‘(B) require the Secretary to— 
‘‘(i) notify the petitioner and Amtrak 
of receipt of the petition under subpara-
graph (A) and to publish in the Federal
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† HR 22 EAS 
Register a notice of receipt not later than 
30 days after the date of receipt; and 
‘‘(ii) establish a deadline, of not more 
than 120 days after the notice of receipt is 
published in the Federal Register under 
clause (i), by which both the petitioner and 
Amtrak, if Amtrak chooses to do so, would 
be required to submit a complete bid to pro-
vide intercity rail passenger transportation 
over the applicable route; 
‘‘(C) require that each bid— 
‘‘(i) describe the capital needs, finan-
cial projections, and operational plans, in-
cluding staffing plans, for the service, and 
such other factors as the Secretary considers 
appropriate; and 
‘‘(ii) be made available by the winning 
bidder to the public after the bid award; 
‘‘(D) for a route that receives funding from 
a State or States, require that for each bid re-
ceived from a party described in paragraph (2), 
other than a State, the Secretary have the con-
currence of the State or States that provide fund-
ing for that route;
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† HR 22 EAS 
‘‘(E) for a winning bidder that is not or 
does not include Amtrak, require the Secretary to 
execute a contract not later than 270 days after 
the deadline established under subparagraph 
(B)(ii) and award to the winning bidder— 
‘‘(i) subject to paragraphs (3) and (4), 
the right and obligation to provide intercity 
rail passenger transportation over that 
route subject to such performance standards 
as the Secretary may require; and 
‘‘(ii) an operating subsidy, as deter-
mined by the Secretary, for— 
‘‘(I) the first year at a level that 
does not exceed 90 percent of the level 
in effect for that specific route during 
the fiscal year preceding the fiscal year 
in which the petition was received, ad-
justed for inflation; and 
‘‘(II) any subsequent years at the 
level calculated under subclause (I), 
adjusted for inflation; and 
‘‘(F) for a winning bidder that is or in-
cludes Amtrak, award to that bidder an oper-
ating subsidy, as determined by the Secretary, 
over the applicable route that will not change
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† HR 22 EAS 
during the fiscal year in which the bid was sub-
mitted solely as a result of the winning bid. 
‘‘(2) ELIGIBLE
PETITIONERS.—The following 
parties are eligible to submit petitions under para-
graph (1): 
‘‘(A) A rail carrier or rail carriers that own 
the infrastructure over which Amtrak operates a 
long-distance route. 
‘‘(B) A rail passenger carrier with a writ-
ten agreement with the rail carrier or rail car-
riers that own the infrastructure over which Am-
trak operates a long-distance route and that host 
or would host the intercity rail passenger trans-
portation. 
‘‘(C) A State, group of States, or State-sup-
ported joint powers authority or other sub-State 
governance entity responsible for provision of 
intercity rail passenger transportation with a 
written agreement with the rail carrier or rail 
carriers that own the infrastructure over which 
Amtrak operates a long-distance route and that 
host or would host the intercity rail passenger 
transportation. 
‘‘(D) A State, group of States, or State-sup-
ported joint powers authority or other sub-State
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† HR 22 EAS 
governance entity responsible for provision of 
intercity rail passenger transportation and a 
rail passenger carrier with a written agreement 
with the rail carrier or rail carriers that own the 
infrastructure over which Amtrak operates a 
long-distance route and that host or would host 
the intercity rail passenger transportation. 
‘‘(3) PERFORMANCE
STANDARDS.—If the win-
ning bidder under paragraph (1)(E)(i) is not or does 
not include Amtrak, the performance standards shall 
be consistent with the performance required of or 
achieved by Amtrak on the applicable route during 
the last fiscal year. 
‘‘(4) AGREEMENT GOVERNING ACCESS ISSUES.— 
Unless the winning bidder already has applicable ac-
cess agreements in place or includes a rail carrier 
that owns the infrastructure used in the operation of 
the route, the winning bidder under paragraph 
(1)(E)(i) shall enter into a written agreement gov-
erning access issues between the winning bidder and 
the rail carrier or rail carriers that own the infra-
structure over which the winning bidder would oper-
ate and that host or would host the intercity rail pas-
senger transportation.
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† HR 22 EAS 
‘‘(c) ACCESS TO FACILITIES; EMPLOYEES.—If the Sec-
retary awards the right and obligation to provide rail pas-
senger transportation over a route under this section to an 
entity in lieu of Amtrak— 
‘‘(1) the Secretary shall require Amtrak to pro-
vide access to the Amtrak-owned reservation system, 
stations, and facilities directly related to operations of 
the awarded routes to the rail passenger carrier 
awarded a contract under this section, in accordance 
with subsection (g), as necessary to carry out the pur-
poses of this section; 
‘‘(2) an employee of any person, except for a 
freight railroad or a person employed or contracted 
by a freight railroad, used by such rail passenger car-
rier in the operation of a route under this section 
shall be considered an employee of that rail passenger 
carrier and subject to the applicable Federal laws and 
regulations governing similar crafts or classes of em-
ployees of Amtrak; and 
‘‘(3) the winning bidder shall provide hiring 
preference to qualified Amtrak employees displaced by 
the award of the bid, consistent with the staffing plan 
submitted by the bidder, and shall be subject to the 
grant conditions under section 24405.
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† HR 22 EAS 
‘‘(d) CESSATION OF SERVICE.—If a rail passenger car-
rier awarded a route under this section ceases to operate 
the service or fails to fulfill an obligation under the contract 
required under subsection (b)(1)(E), the Secretary shall take 
any necessary action consistent with this title to enforce the 
contract and ensure the continued provision of service, in-
cluding— 
‘‘(1) the installment of an interim rail passenger 
carrier; 
‘‘(2) providing to the interim rail passenger car-
rier under paragraph (1) an operating subsidy nec-
essary to provide service; and 
‘‘(3) rebidding the contract to operate the rail 
passenger transportation. 
‘‘(e) BUDGET AUTHORITY.— 
‘‘(1) IN GENERAL.—The Secretary shall provide 
to a winning bidder that is not or does not include 
Amtrak and that is selected under this section any 
appropriations withheld under section 35101(c) of the 
Railroad Reform, Enhancement, and Efficiency Act, 
or any subsequent appropriation for the same pur-
pose, necessary to cover the operating subsidy de-
scribed in subsection (b)(1)(E)(ii). 
‘‘(2) AMTRAK.—If the Secretary selects a win-
ning bidder that is not or does not include Amtrak,
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† HR 22 EAS 
the Secretary may provide to Amtrak an appropriate 
portion of the appropriations under section 35101(a) 
of the Railroad Reform, Enhancement, and Efficiency 
Act, or any subsequent appropriation for the same 
purpose, to cover any cost directly attributable to the 
termination of Amtrak service on the route and any 
indirect costs to Amtrak imposed on other Amtrak 
routes as a result of losing service on the route oper-
ated by the winning bidder. Any amount provided by 
the Secretary to Amtrak under this paragraph shall 
not be deducted from or have any effect on the oper-
ating subsidy described in subsection (b)(1)(E)(ii). 
‘‘(f) DEADLINE.—If the Secretary does not promulgate 
the final rule and implement the program before the dead-
line under subsection (a), the Secretary shall submit to the 
Committee on Commerce, Science, and Transportation of 
the Senate and the Committee on Transportation and In-
frastructure of the House of Representatives a letter, signed 
by the Secretary and Administrator of the Federal Railroad 
Administration, each month until the rule is complete, in-
cluding— 
‘‘(1) the reasons why the rule has not been 
issued; 
‘‘(2) an updated staffing plan for completing the 
rule as soon as feasible;
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† HR 22 EAS 
‘‘(3) the contact information of the official that 
will be overseeing the execution of the staffing plan; 
and 
‘‘(4) the estimated date of completion of the rule. 
‘‘(g) DISPUTES.—If Amtrak and the rail passenger 
carrier awarded a route under this section cannot agree 
upon terms to carry out subsection (c)(1), and the Surface 
Transportation Board finds that access to Amtrak’s facili-
ties or equipment, or the provision of services by Amtrak, 
is necessary under subsection (c)(1) and that the operation 
of Amtrak’s other services will not be impaired thereby, the 
Surface Transportation Board shall issue an order that the 
facilities and equipment be made available, and that serv-
ices be provided, by Amtrak, and shall determine reasonable 
compensation, liability, and other terms for use of the facili-
ties and equipment and provision of the services. 
‘‘(h) LIMITATION.—Not more than 3 long-distance 
routes may be selected under this section for operation by 
a winning bidder that is not or does not include Amtrak. 
‘‘(i) PRESERVATION OF RIGHT TO COMPETITION ON 
STATE-SUPPORTED ROUTES.—Nothing in this section shall 
be construed as prohibiting a State from introducing com-
petition for intercity rail passenger transportation or serv-
ices on its State-supported route or routes.’’.
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† HR 22 EAS 
(b) REPORT.—Not later than 4 years after the date 
of implementation of the pilot program under section 24711 
of title 49, United States Code, and quadrennially there-
after until the pilot program is discontinued, the Secretary 
shall submit to the Committee on Commerce, Science, and 
Transportation of the Senate and the Committee on Trans-
portation and Infrastructure of the House of Representa-
tives a report on the results on the pilot program to date 
and any recommendations for further action. 
SEC. 35206. ROLLING STOCK PURCHASES. 
(a) IN GENERAL.—Prior to entering into any contract 
in excess of $100,000,000 for rolling stock and locomotive 
procurements Amtrak shall submit a business case analysis 
to the Secretary, the Committee on Commerce, Science, and 
Transportation and the Committee on Appropriations of 
the Senate and the Committee on Transportation and In-
frastructure and the Committee on Appropriations of the 
House of Representatives, on the utility of such procure-
ments. 
(b) CONTENTS.—The business case analysis shall— 
(1) include a cost and benefit comparison that 
describes the total lifecycle costs and the anticipated 
benefits related to revenue, operational efficiency, reli-
ability, and other factors; 
(2) set forth the total payments by fiscal year;
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† HR 22 EAS 
(3) identify the specific source and amounts of 
funding for each payment, including Federal funds, 
State funds, Amtrak profits, Federal, State, or pri-
vate loans or loan guarantees, and other funding; 
(4) include an explanation of whether any pay-
ment under the contract will increase Amtrak’s grant 
request, as required under section 24318 of title 49, 
United States Code, in that particular fiscal year; 
and 
(5) describe how Amtrak will adjust the procure-
ment if future funding is not available. 
(c) RULE OF CONSTRUCTION.—Nothing in this section 
shall be construed as requiring Amtrak to disclose confiden-
tial information regarding a potential vendor’s proposed 
pricing or other sensitive business information prior to con-
tract execution. 
SEC. 35207. FOOD AND BEVERAGE POLICY. 
(a) IN GENERAL.—Chapter 243, as amended in section 
35202 of this Act, is further amended by adding after sec-
tion 24320 the following: 
‘‘§ 24321. Food and beverage reform 
‘‘(a) PLAN.—Not later than 90 days after the date of 
enactment of the Railroad Reform, Enhancement, and Effi-
ciency Act, Amtrak shall develop and begin implementing 
a plan to eliminate, not later than 4 years after the date
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† HR 22 EAS 
of enactment of that Act, the operating loss associated with 
providing food and beverage service on board Amtrak 
trains. 
‘‘(b) CONSIDERATIONS.—In developing and imple-
menting the plan under subsection (a), Amtrak shall con-
sider a combination of cost management and revenue gen-
eration initiatives, including— 
‘‘(1) scheduling optimization; 
‘‘(2) onboard logistics; 
‘‘(3) product development and supply chain effi-
ciency; 
‘‘(4) training, awards, and accountability; 
‘‘(5) technology enhancements and process im-
provements; and 
‘‘(6) ticket revenue allocation. 
‘‘(c) SAVINGS CLAUSE.—Amtrak shall ensure that no 
Amtrak employee holding a position as of the date of enact-
ment of the Railroad Reform, Enhancement, and Efficiency 
Act is involuntarily separated because of— 
‘‘(1) the development and implementation of the 
plan required under subsection (a); or 
‘‘(2) any other action taken by Amtrak to imple-
ment this section. 
‘‘(d) 
NO
FEDERAL
FUNDING
FOR
OPERATING 
LOSSES.—Beginning on the date that is 4 years after the
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† HR 22 EAS 
date of enactment of the Railroad Reform, Enhancement, 
and Efficiency Act, no Federal funds may be used to cover 
any operating loss associated with providing food and bev-
erage service on a route operated by Amtrak or an alter-
native passenger rail service provider that operates a route 
in lieu of Amtrak under section 24711. 
‘‘(e) REPORT.—Not later than 120 days after the date 
of enactment of the Railroad Reform, Enhancement, and 
Efficiency Act, and annually thereafter for a period of 4 
years, Amtrak shall transmit to the Committee on Com-
merce, Science, and Transportation of the Senate and the 
Committee on Transportation and Infrastructure of the 
House of Representatives a report on the plan developed 
under subsection (a) and a description of progress in the 
implementation of the plan.’’. 
(b) CONFORMING AMENDMENT.—The table of contents 
for chapter 243, as amended in section 35202 of this Act, 
is amended by adding at the end the following: 
‘‘24321. Food and beverage reform.’’. 
SEC. 35208. LOCAL PRODUCTS AND PROMOTIONAL EVENTS. 
(a) IN GENERAL.—Not later than 6 months after the 
date of enactment of this Act, Amtrak shall establish a pilot 
program for a State or States that sponsor a State-sup-
ported route operated by Amtrak to facilitate— 
(1) onboard purchase and sale of local food and 
beverage products; and
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† HR 22 EAS 
and standards, including terms to address insurance 
requirements; and 
(3) require an annual report that documents rev-
enues and costs and indicates whether the products or 
events resulted in a reduction in the financial con-
tribution of a State or States to the applicable State- 
supported route. 
(d) REPORT.—Not later than 4 years after the date 
of establishment of the pilot programs under this section, 
Amtrak shall report to the Committee on Commerce, 
Science, and Transportation of the Senate and the Com-
mittee on Transportation and Infrastructure of the House 
of Representatives on which States have participated in the 
pilot programs under this section. The report shall summa-
rize the financial and operational outcomes of the pilot pro-
grams. 
(e) RULE OF CONSTRUCTION.—Nothing in this sub-
section shall be construed as limiting Amtrak’s ability to 
operate special trains in accordance with section 216 of the 
Passenger Rail Investment and Improvement Act of 2008 
(49 U.S.C. 24308 note). 
SEC. 35209. RIGHT-OF-WAY LEVERAGING. 
(a) REQUEST FOR PROPOSALS.— 
(1) IN GENERAL.—Not later than 1 year after 
the date of enactment of this Act, Amtrak shall issue
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† HR 22 EAS 
a Request for Proposals seeking qualified persons or 
entities to utilize right-of-way and real estate owned, 
controlled, or managed by Amtrak for telecommuni-
cations systems, energy distribution systems, and 
other activities considered appropriate by Amtrak. 
(2) CONTENTS.—The Request for Proposals shall 
provide sufficient information on the right-of-way 
and real estate assets to enable respondents to propose 
an arrangement that will monetize or generate addi-
tional revenue from such assets through revenue shar-
ing or leasing agreements with Amtrak, to the extent 
possible. 
(b) CONSIDERATION OF PROPOSALS.—Not later than 
180 days following the deadline for the receipt of proposals 
under subsection (a), Amtrak shall review and consider each 
qualified proposal. Amtrak may enter into such agreements 
as are necessary to implement any qualified proposal. 
(c) REPORT.—Not later than 270 days following the 
deadline for the receipt of proposals under subsection (a), 
Amtrak shall transmit to the Committee on Commerce, 
Science, and Transportation of the Senate and the Com-
mittee on Transportation and Infrastructure of the House 
of Representatives a report on the Request for Proposals re-
quired by this section, including summary information of
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† HR 22 EAS 
any proposals submitted to Amtrak and any proposals ac-
cepted by Amtrak. 
(d) SAVINGS CLAUSE.—Nothing in this section shall 
be construed to limit Amtrak’s ability to utilize right-of- 
way or real estate assets that it currently owns, controls, 
or manages or constrain Amtrak’s ability to enter into 
agreements with other parties to utilize such assets. 
SEC. 35210. STATION DEVELOPMENT. 
(a) REPORT ON DEVELOPMENT OPTIONS.—Not later 
than 1 year after the date of the enactment of this Act, Am-
trak shall submit a report to the Committee on Commerce, 
Science, and Transportation of the Senate and the Com-
mittee on Transportation and Infrastructure of the House 
of Representatives that describes— 
(1) options to enhance economic development and 
accessibility of and around Amtrak stations and ter-
minals, for the purposes of— 
(A) 
improving 
station 
condition, 
functionality, capacity, and customer amenities; 
(B) generating additional investment cap-
ital and development-related revenue streams; 
(C) increasing ridership and revenue; 
(D) complying with the applicable sections 
of the Americans with Disabilities Act of 1990
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† HR 22 EAS 
(42 U.S.C. 12101 et seq.) and the Rehabilitation 
Act of 1973 (29 U.S.C. 701 et seq.); and 
(E) strengthening multimodal connections, 
including transit, intercity buses, roll-on and 
roll-off bicycles, and airports, as appropriate; 
and 
(2) options for additional Amtrak stops that 
would have a positive incremental financial impact 
to Amtrak, based on Amtrak feasibility studies that 
demonstrate a financial benefit to Amtrak by gener-
ating additional revenue that exceeds any incremental 
costs. 
(b) REQUEST FOR INFORMATION.—Not later than 90 
days after the date the report is transmitted under sub-
section (a), Amtrak shall issue a Request of Information 
for 1 or more owners of stations served by Amtrak to for-
mally express an interest in completing the requirements 
of this section. 
(c) PROPOSALS.— 
(1) REQUEST FOR PROPOSALS.—Not later than 
180 days after the date the Request for Information 
is issued under subsection (a), Amtrak shall issue a 
Request for Proposals from qualified persons, includ-
ing small business concerns owned and controlled by 
socially and economically disadvantaged individuals
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† HR 22 EAS 
and veteran-owned small businesses, to lead, partici-
pate, or partner with Amtrak, a station owner that 
responded under subsection (b), and other entities in 
enhancing development in and around such stations 
and terminals using applicable options identified 
under subsection (a) at facilities selected by Amtrak. 
(2) CONSIDERATION OF PROPOSALS.—Not later 
than 1 year after the date the Request for Proposals 
are issued under paragraph (1), Amtrak shall review 
and consider qualified proposals submitted under 
paragraph (1). Amtrak or a station owner that re-
sponded under subsection (b) may enter into such 
agreements as are necessary to implement any quali-
fied proposal. 
(d) REPORT.—Not later than 3 years after the date 
of enactment of this Act, Amtrak shall transmit to the Com-
mittee on Commerce, Science, and Transportation of the 
Senate and the Committee on Transportation and Infra-
structure of the House of Representatives a report on the 
Request for Proposals process required under this section, 
including summary information of any qualified proposals 
submitted to Amtrak and any proposals acted upon by Am-
trak or a station owner that responded under subsection (b). 
(e) DEFINITIONS.—In this section, the terms ‘‘small 
business concern’’, ‘‘socially and economically disadvan-
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† HR 22 EAS 
taged individual’’, and ‘‘veteran-owned small business’’ 
have the meanings given the terms in section 304(c) of this 
Act. 
(f) SAVINGS CLAUSE.—Nothing in this section shall be 
construed to limit Amtrak’s ability to develop its stations, 
terminals, or other assets, to constrain Amtrak’s ability to 
enter into and carry out agreements with other parties to 
enhance development at or around Amtrak stations or ter-
minals, or to affect any station development initiatives on-
going as of the date of enactment of this Act. 
SEC. 35211. AMTRAK DEBT. 
Section 205 of the Passenger Rail Investment and Im-
provement Act of 2008 (49 U.S.C. 24101 note) is amend-
ed— 
(1) by striking ‘‘as of the date of enactment of 
this Act’’ each place it appears; 
(2) in subsection (a)— 
(A) by inserting ‘‘, to the extent provided in 
advance in appropriations Acts’’ after ‘‘Amtrak’s 
indebtedness’’; and 
(B) by striking the second sentence; 
(3) in subsection (b), by striking ‘‘The Secretary 
of the Treasury, in consultation’’ and inserting ‘‘To 
the extent amounts are provided in advance in appro-
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† HR 22 EAS 
priations Acts, the Secretary of the Treasury, in con-
sultation’’; 
(4) in subsection (d), by inserting ‘‘, to the extent 
provided in advance in appropriations Acts’’ after 
‘‘as appropriate’’; 
(5) in subsection (e)— 
(A) in paragraph (1), by striking ‘‘by sec-
tion 102 of this division’’; and 
(B) in paragraph (2), by striking ‘‘by sec-
tion 102’’ and inserting ‘‘for Amtrak’’; 
(6) in subsection (g), by inserting ‘‘, unless that 
debt receives credit assistance, including direct loans 
and loan guarantees, under chapter 6 of title 23, 
United States Code or title V of the Railroad Revital-
ization and Regulatory Act of 1976 (45 U.S.C. 821 
et seq.)’’ after ‘‘Secretary’’; and 
(7) by striking subsection (h). 
SEC. 35212. AMTRAK PILOT PROGRAM FOR PASSENGERS 
TRANSPORTING DOMESTICATED CATS AND 
DOGS. 
(a) IN GENERAL.—Not later than 1 year after the date 
of enactment of this Act, Amtrak shall develop a pilot pro-
gram that allows passengers to transport domesticated cats 
or dogs on certain trains operated by Amtrak.
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† HR 22 EAS 
(b) PET POLICY.—In developing the pilot program re-
quired under subsection (a), Amtrak shall— 
(1) in the case of a passenger train that is com-
prised of more than 1 car, designate, where feasible, 
at least 1 car in which a ticketed passenger may 
transport a domesticated cat or dog in the same man-
ner as carry-on baggage if— 
(A) the cat or dog is contained in a pet ken-
nel; 
(B) the pet kennel complies with Amtrak 
size requirements for carriage of carry-on bag-
gage; 
(C) the passenger is traveling on a train op-
erating on a route described in subparagraph 
(A), (B), or (D) of section 24102(6) of title 49, 
United States Code; and 
(D) the passenger pays a fee described in 
paragraph (3); 
(2) allow a ticketed passenger to transport a do-
mesticated cat or dog on a train in the same manner 
as cargo if— 
(A) the cat or dog is contained in a pet ken-
nel; 
(B) the pet kennel is stowed in accordance 
with Amtrak requirements for cargo stowage;
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† HR 22 EAS 
(C) the passenger is traveling on a train op-
erating on a route described in subparagraph 
(A), (B), or (D) of section 24102(6) of title 49, 
United States Code; 
(D) the cargo area is temperature controlled 
in a manner protective of cat and dog safety and 
health; and 
(E) the passenger pays a fee described in 
paragraph (3); and 
(3) collect fees for each cat or dog transported by 
a ticketed passenger in an amount that, in the aggre-
gate and at a minimum, covers the full costs of the 
pilot program. 
(c) REPORT.—Not later than 1 year after the pilot pro-
gram required under subsection (a) is first implemented, 
Amtrak shall transmit to the Committee on Commerce, 
Science, and Transportation of the Senate and the Com-
mittee on Transportation and Infrastructure of the House 
of Representatives a report containing an evaluation of the 
pilot program. 
(d) LIMITATION ON STATUTORY CONSTRUCTION.— 
(1) SERVICE
ANIMALS.—The pilot program 
under subsection (a) shall be separate from and in 
addition to the policy governing Amtrak passengers 
traveling with service animals. Nothing in this sec-
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† HR 22 EAS 
tion may be interpreted to limit or waive the rights 
of passengers to transport service animals. 
(2) ADDITIONAL TRAIN CARS.—Nothing in this 
section may be interpreted to require Amtrak to add 
additional train cars or modify existing train cars. 
(3) FEDERAL FUNDS.—No Federal funds may be 
used to implement the pilot program required under 
this section. 
SEC. 35213. AMTRAK BOARD OF DIRECTORS. 
(a) IN GENERAL.—Section 24302(a) is amended to 
read as follows: 
‘‘(a) COMPOSITION AND TERMS.— 
‘‘(1) IN GENERAL.—The Amtrak Board of Direc-
tors (referred to in this section as the ‘Board’) is com-
posed of the following 9 directors, each of whom must 
be a citizen of the United States: 
‘‘(A) The Secretary of Transportation. 
‘‘(B) The President of Amtrak. 
‘‘(C) 7 individuals appointed by the Presi-
dent of the United States, by and with the advice 
and consent of the Senate, with general business 
and financial experience, experience or qualifica-
tions in transportation, freight and passenger 
rail transportation, travel, hospitality, or pas-
senger air transportation businesses, or rep-
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† HR 22 EAS 
resentatives of employees or users of passenger 
rail transportation or a State government. 
‘‘(2) SELECTION.—In selecting individuals de-
scribed in paragraph (1)(C) for nominations for ap-
pointments to the Board, the President shall consult 
with the Speaker of the House of Representatives, the 
minority leader of the House of Representatives, the 
majority leader of the Senate, and the minority leader 
of the Senate. The individuals appointed to the Board 
under paragraph (1)(C) shall be composed of the fol-
lowing; 
‘‘(A) 2 individuals from the Northeast Cor-
ridor. 
‘‘(B) 4 individuals from regions of the coun-
try outside of the Northeast Corridor and geo-
graphically distributed with— 
‘‘(i) 2 individuals from States with 
long-distance routes operated by Amtrak; 
and 
‘‘(ii) 2 individuals from States with 
State-supported routes operated by Amtrak. 
‘‘(C) 1 individual from the Northeast Cor-
ridor or a State with long-distance or State-sup-
ported routes.
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† HR 22 EAS 
‘‘(3) TERM.—An individual appointed under 
paragraph (1)(C) shall be appointed for a term of 5 
years. The term may be extended until the individ-
ual’s successor is appointed and qualified. Not more 
than 4 individuals appointed under paragraph (1)(C) 
may be members of the same political party. 
‘‘(4) CHAIRPERSON AND VICE CHAIRPERSON.— 
The Board shall elect a chairperson and vice chair-
person, other than the President of Amtrak, from 
among its membership. The vice chairperson shall 
serve as chairperson in the absence of the chairperson. 
‘‘(5) SECRETARY’S
DESIGNEE.—The Secretary 
may be represented at Board meetings by the Sec-
retary’s designee.’’. 
(b) RULE OF CONSTRUCTION.—Nothing in this section 
shall be construed as affecting the term of any director serv-
ing on the Amtrak Board of Directors under section 
24302(a)(1)(C) of title 49, United States Code, on the day 
preceding the date of enactment of this Act. 
SEC. 35214. AMTRAK BOARDING PROCEDURES. 
(a) REPORT.—Not later than 6 months after the date 
of enactment of this Act, the Amtrak Office of Inspector 
General shall submit a report to the Committee on Com-
merce, Science, and Transportation of the Senate and the
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† HR 22 EAS 
Committee on Transportation and Infrastructure of the 
House of Representatives that— 
(1) evaluates Amtrak’s boarding procedures for 
passengers, including passengers using or trans-
porting nonmotorized transportation, such as wheel-
chairs and bicycles, at its 15 stations through which 
the most people pass; 
(2) compares Amtrak’s boarding procedures to— 
(A) commuter railroad boarding procedures 
at stations shared with Amtrak; 
(B) international intercity passenger rail 
boarding procedures; and 
(C) fixed guideway transit boarding proce-
dures; and 
(3) makes recommendations, as appropriate, in 
consultation with the Transportation Security Ad-
ministration, to improve Amtrak’s boarding proce-
dures, including recommendations regarding the 
queuing of passengers and free-flow of all station 
users and facility improvements needed to achieve the 
recommendations. 
(b) CONSIDERATION
OF
RECOMMENDATIONS.—Not 
later than 6 months after the report is submitted under sub-
section (a), Amtrak shall consider each recommendation
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† HR 22 EAS 
provided under subsection (a)(3) for implementation at ap-
propriate locations across the Amtrak system. 
Subtitle C—Intercity Passenger 
Rail Policy 
SEC. 35301. COMPETITIVE OPERATING GRANTS. 
(a) IN GENERAL.—Chapter 244 is amended— 
(1) by striking section 24406; and 
(2) by inserting after section 24405 the fol-
lowing: 
‘‘§ 24406. Competitive operating grants 
‘‘(a) APPLICANT DEFINED.—In this section, the term 
‘applicant’ means— 
‘‘(1) a State; 
‘‘(2) a group of States; 
‘‘(3) an Interstate Compact; 
‘‘(4) a public agency or publicly chartered au-
thority established by 1 or more States and having re-
sponsibility for providing intercity rail passenger 
transportation or commuter rail passenger transpor-
tation; 
‘‘(5) a political subdivision of a State; 
‘‘(6) Amtrak or another rail passenger carrier 
that provides intercity rail passenger transportation;
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† HR 22 EAS 
‘‘(7) Any rail carrier in partnership with at 
least 1 of the entities described in paragraphs (1) 
through (5); and 
‘‘(8) any combination of the entities described in 
paragraphs (1) through (7). 
‘‘(b) GRANTS AUTHORIZED.—The Secretary of Trans-
portation shall develop and implement a program for 
issuing 3-year operating assistance grants to applicants, on 
a competitive basis, for the purpose of initiating, restoring, 
or enhancing intercity rail passenger service. 
‘‘(c) APPLICATION.—An applicant for a grant under 
this section shall submit to the Secretary— 
‘‘(1) a capital and mobilization plan that— 
‘‘(A) describes any capital investments, 
service planning actions (such as environmental 
reviews), and mobilization actions (such as qual-
ification of train crews) required for initiation 
of service; and 
‘‘(B) includes the timeline for undertaking 
and completing each of the investments and ac-
tions referred to in subparagraph (A); 
‘‘(2) an operating plan that describes the 
planned operation of the service, including— 
‘‘(A) the identity and qualifications of the 
train operator;
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† HR 22 EAS 
‘‘(B) the identity and qualifications of any 
other service providers; 
‘‘(C) service frequency; 
‘‘(D) the planned routes and schedules; 
‘‘(E) the station facilities that will be uti-
lized; 
‘‘(F) projected ridership, revenues, and 
costs; 
‘‘(G) descriptions of how the projections 
under subparagraph (F) were developed; 
‘‘(H) the equipment that will be utilized, 
how such equipment will be acquired or refur-
bished, and where such equipment will be main-
tained; and 
‘‘(I) a plan for ensuring safe operations and 
compliance with applicable safety regulations; 
‘‘(3) a funding plan that— 
‘‘(A) describes the funding of initial capital 
costs and operating costs for the first 3 years of 
operation; 
‘‘(B) includes a commitment by the appli-
cant to provide the funds described in subpara-
graph (A) to the extent not covered by Federal 
grants and revenues; and
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† HR 22 EAS 
‘‘(C) describes the funding of operating costs 
and capital costs, to the extent necessary, after 
the first 3 years of operation; and 
‘‘(4) a description of the status of negotiations 
and agreements with— 
‘‘(A) each of the railroads or regional trans-
portation authorities whose tracks or facilities 
would be utilized by the service; 
‘‘(B) the anticipated rail passenger carrier, 
if such entity is not part of the applicant group; 
and 
‘‘(C) any other service providers or entities 
expected to provide services or facilities that will 
be used by the service, including any required 
access to Amtrak systems, stations, and facilities 
if Amtrak is not part of the applicant group. 
‘‘(d) PRIORITIES.—In awarding grants under this sec-
tion, the Secretary shall give priority to applications— 
‘‘(1) for which planning, design, any environ-
mental reviews, negotiation of agreements, acquisition 
of equipment, construction, and other actions nec-
essary for initiation of service have been completed or 
nearly completed;
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† HR 22 EAS 
‘‘(2) that would restore service over routes for-
merly operated by Amtrak, including routes with 
international connections; 
‘‘(3) that would provide daily or daytime service 
over routes where such service did not previously 
exist; 
‘‘(4) that include private funding (including 
funding from railroads), and funding or other signifi-
cant participation by State, local, and regional gov-
ernmental and private entities; 
‘‘(5) that include a funding plan that dem-
onstrates the intercity rail passenger service will be 
financially sustainable beyond the 3-year grant pe-
riod; 
‘‘(6) that would provide service to regions and 
communities that are underserved or not served by 
other intercity public transportation; 
‘‘(7) that would foster economic development, 
particularly in rural communities and for disadvan-
taged populations; 
‘‘(8) that would provide other non-transportation 
benefits; and 
‘‘(9) that would enhance connectivity and geo-
graphic coverage of the existing national network of 
intercity passenger rail service.
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† HR 22 EAS 
‘‘(e) LIMITATIONS.— 
‘‘(1) DURATION.—Federal operating assistance 
grants authorized under this section for any indi-
vidual intercity rail passenger transportation route 
may not provide funding for more than 3 years and 
may not be renewed. 
‘‘(2) LIMITATION.—Not more than 6 of the oper-
ating assistance grants awarded pursuant to sub-
section (b) may be simultaneously active. 
‘‘(3) MAXIMUM FUNDING.—Grants described in 
paragraph (1) may not exceed— 
‘‘(A) 80 percent of the projected net oper-
ating costs for the first year of service; 
‘‘(B) 60 percent of the projected net oper-
ating costs for the second year of service; and 
‘‘(C) 40 percent of the projected net oper-
ating costs for the third year of service. 
‘‘(f) USE WITH CAPITAL GRANTS AND OTHER FED-
ERAL FUNDING.—A recipient of an operating assistance 
grant under subsection (b) may use that grant in combina-
tion with other grants awarded under this chapter or any 
other Federal funding that would benefit the applicable 
service.
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† HR 22 EAS 
‘‘(g) AVAILABILITY.—Amounts appropriated for car-
rying out this section shall remain available until ex-
pended. 
‘‘(h) COORDINATION WITH AMTRAK.—If the Secretary 
awards a grant under this section to a rail passenger car-
rier other than Amtrak, Amtrak may be required under sec-
tion 24711(c)(1) of this title to provide access to its reserva-
tion system, stations, and facilities that are directly related 
to operations to such carrier, to the extent necessary to 
carry out the purposes of this section. The Secretary may 
award an appropriate portion of the grant to Amtrak as 
compensation for this access. 
‘‘(i) CONDITIONS.— 
‘‘(1) GRANT AGREEMENT.—The Secretary shall 
require grant recipients under this section to enter 
into a grant agreement that requires them to provide 
similar information regarding the route performance, 
financial, and ridership projections, and capital and 
business plans that Amtrak is required to provide, 
and such other data and information as the Secretary 
deems necessary. 
‘‘(2) INSTALLMENTS; TERMINATION.—The Sec-
retary may—
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† HR 22 EAS 
‘‘(A) award grants under this section in in-
stallments, as the Secretary considers appro-
priate; and 
‘‘(B) 
terminate 
any 
grant 
agreement 
upon— 
‘‘(i) the cessation of service; or 
‘‘(ii) the violation of any other term of 
the grant agreement. 
‘‘(3) GRANT CONDITIONS.—Except as specifically 
provided in this section, the use of any amounts ap-
propriated for grants under this section shall be sub-
ject to the requirements under this chapter. 
‘‘(j) REPORT.—Not later than 4 years after the date 
of enactment of the Railroad Reform, Enhancement, and 
Efficiency Act, the Secretary, after consultation with grant 
recipients under this section, shall submit a report to Con-
gress that describes— 
‘‘(1) the implementation of this section; 
‘‘(2) the status of the investments and operations 
funded by such grants; 
‘‘(3) the performance of the routes funded by 
such grants; 
‘‘(4) the plans of grant recipients for continued 
operation and funding of such routes; and 
‘‘(5) any legislative recommendations.’’.
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† HR 22 EAS 
(b) CONFORMING
AMENDMENTS.—Chapter 244 is 
amended— 
(1) in the table of contents, by inserting after the 
item relating to section 24405 the following: 
‘‘24406. Competitive operating grants.’’; 
(2) in the chapter title, by striking ‘‘INTER-
CITY PASSENGER RAIL SERVICE COR-
RIDOR CAPITAL’’ and inserting ‘‘RAIL CAP-
ITAL AND OPERATING’’; 
(3) in section 24401, by striking paragraph (1); 
(4) in section 24402, by striking subsection (j) 
and inserting the following: 
‘‘(j) APPLICANT DEFINED.—In this section, the term 
‘applicant’ means a State (including the District of Colum-
bia), a group of States, an Interstate Compact, a public 
agency or publicly chartered authority established by 1 or 
more States and having responsibility for providing inter-
city rail passenger transportation, or a political subdivi-
sion of a State.’’; and 
(5) in section 24405— 
(A) in subsection (b)— 
(i) by inserting ‘‘, or for which an op-
erating grant is issued under section 
24406,’’ after ‘‘chapter’’; and 
(ii) in paragraph (2), by striking 
‘‘(43’’ and inserting ‘‘(45’’;
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† HR 22 EAS 
(B) in subsection (d)(1), in the matter pre-
ceding subparagraph (A), by inserting ‘‘or unless 
Amtrak ceased providing intercity passenger 
railroad transportation over the affected route 
more than 3 years before the commencement of 
new service’’ after ‘‘unless such service was pro-
vided solely by Amtrak to another entity’’; 
(C) in subsection (f), by striking ‘‘under 
this chapter for commuter rail passenger trans-
portation, as defined in section 24012(4) of this 
title.’’ and inserting ‘‘under this chapter for com-
muter rail passenger transportation (as defined 
in section 24102(3)).’’; and 
(D) by adding at the end the following: 
‘‘(g) SPECIAL TRANSPORTATION CIRCUMSTANCES.—In 
carrying out this chapter, the Secretary shall allocate an 
appropriate portion of the amounts available under this 
chapter to provide grants to States— 
‘‘(1) in which there is no intercity passenger rail 
service, for the purpose of funding freight rail capital 
projects that are on a State rail plan developed under 
chapter 227 that provide public benefits (as defined in 
chapter 227), as determined by the Secretary; or 
‘‘(2) in which the rail transportation system is 
not physically connected to rail systems in the conti-
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† HR 22 EAS 
nental United States or may not otherwise qualify for 
a grant under this section due to the unique charac-
teristics of the geography of that State or other rel-
evant considerations, for the purpose of funding 
transportation-related capital projects.’’. 
SEC. 35302. FEDERAL-STATE PARTNERSHIP FOR STATE OF 
GOOD REPAIR. 
(a) AMENDMENT.—Chapter 244 is amended by insert-
ing after section 24406, as added by section 5301 of this 
Act, the following: 
‘‘§ 24407. Federal-State partnership for state of good 
repair 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) APPLICANT.—The term ‘applicant’ 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 1 or more States that 
has responsibility for providing intercity rail 
passenger transportation or commuter rail pas-
senger transportation; 
‘‘(E) a political subdivision of a State;
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† HR 22 EAS 
‘‘(F) Amtrak, acting on its own behalf or 
under a cooperative agreement with 1 or more 
States; or 
‘‘(G) any combination of the entities de-
scribed in subparagraphs (A) through (F). 
‘‘(2) CAPITAL
PROJECT.—The term ‘capital 
project’ means— 
‘‘(A) a project primarily intended to re-
place, rehabilitate, or repair major infrastruc-
ture assets utilized for providing intercity pas-
senger rail service, including tunnels, bridges, 
stations, and other assets, as determined by the 
Secretary; or 
‘‘(B) a project primarily intended to im-
prove intercity passenger rail performance, in-
cluding reduced trip times, increased train fre-
quencies, higher operating speeds, and other im-
provements, as determined by the Secretary. 
‘‘(3) NORTHEAST CORRIDOR.—The term ‘North-
east Corridor’ means— 
‘‘(A) the main rail line between Boston, 
Massachusetts and the Virginia Avenue inter-
locking in the District of Columbia; and
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† HR 22 EAS 
‘‘(B) the branch rail lines connecting to 
Harrisburg, Pennsylvania, Springfield, Massa-
chusetts, and Spuyten Duyvil, New York. 
‘‘(4) QUALIFIED
RAILROAD
ASSET.—The term 
‘qualified railroad asset’ means infrastructure, equip-
ment, or a facility that— 
‘‘(A) is owned or controlled by an eligible 
applicant; and 
‘‘(B) was not in a state of good repair on 
the date of enactment of the Railroad Reform, 
Enhancement, and Efficiency Act. 
‘‘(b) GRANT PROGRAM AUTHORIZED.—The Secretary 
of Transportation shall develop and implement a program 
for issuing grants to applicants, on a competitive basis, to 
fund capital projects that reduce the state of good repair 
backlog on qualified railroad assets. 
‘‘(c) ELIGIBLE PROJECTS.—Projects eligible for grants 
under this section include capital projects to replace or re-
habilitate qualified railroad assets, including— 
‘‘(1) capital projects to replace existing assets in- 
kind; 
‘‘(2) capital projects to replace existing assets 
with assets that increase capacity or provide a higher 
level of service; and
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† HR 22 EAS 
‘‘(3) capital projects to ensure that service can be 
maintained while existing assets are brought to a 
state of good repair. 
‘‘(d) PROJECT SELECTION CRITERIA.—In selecting an 
applicant for a grant under this section, the Secretary 
shall— 
‘‘(1) give preference to eligible projects— 
‘‘(A) that are consistent with the goals, ob-
jectives, and policies defined in any regional rail 
planning document that is applicable to a 
project proposal; and 
‘‘(B) for which the proposed Federal share 
of total project costs does not exceed 50 percent; 
and 
‘‘(2) take into account— 
‘‘(A) the cost-benefit analysis of the pro-
posed project, including anticipated private and 
public benefits relative to the costs of the pro-
posed project, including— 
‘‘(i) effects on system and service per-
formance; 
‘‘(ii) effects on safety, competitiveness, 
reliability, trip or transit time, and resil-
ience;
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† HR 22 EAS 
‘‘(iii) efficiencies from improved inte-
gration with other modes; and 
‘‘(iv) ability to meet existing or antici-
pated demand; 
‘‘(B) the degree to which the proposed 
project’s business plan considers potential pri-
vate sector participation in the financing, con-
struction, or operation of the proposed project; 
‘‘(C) the applicant’s past performance in 
developing and delivering similar projects, and 
previous financial contributions; 
‘‘(D) whether the applicant has, or will 
have— 
‘‘(i) the legal, financial, and technical 
capacity to carry out the project; 
‘‘(ii) satisfactory continuing control 
over the use of the equipment or facilities; 
and 
‘‘(iii) the capability and willingness to 
maintain the equipment or facilities; 
‘‘(E) if applicable, the consistency of the 
project with planning guidance and documents 
set forth by the Secretary or required by law; 
and
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† HR 22 EAS 
‘‘(F) any other relevant factors, as deter-
mined by the Secretary. 
‘‘(e) PLANNING REQUIREMENTS.—A project is not eli-
gible for a grant under this section unless the project is spe-
cifically identified— 
‘‘(1) on a State rail plan prepared in accordance 
with chapter 227; or 
‘‘(2) if the project is located on the Northeast 
Corridor, on the Northeast Corridor Capital Invest-
ment Plan developed pursuant to section 24904(a). 
‘‘(f) NORTHEAST CORRIDOR PROJECTS.— 
‘‘(1) COMPLIANCE WITH USAGE AGREEMENTS.— 
Grant funds may not be provided under this section 
to an eligible recipient for an eligible project located 
on the Northeast Corridor unless Amtrak and the 
public authorities providing commuter rail passenger 
transportation on the Northeast Corridor are in com-
pliance with section 24905(c)(2). 
‘‘(2) CAPITAL INVESTMENT PLAN.—When select-
ing projects located on the Northeast Corridor, the 
Secretary shall consider the appropriate sequence and 
phasing of projects as contained in the Northeast Cor-
ridor Capital Investment Plan developed pursuant to 
section 24904(a). 
‘‘(g) FEDERAL SHARE OF TOTAL PROJECT COSTS.—
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† HR 22 EAS 
‘‘(1) TOTAL PROJECT COST.—The Secretary shall 
estimate the total cost of a project under this section 
based on the best available information, including en-
gineering studies, studies of economic feasibility, envi-
ronmental analyses, and information on the expected 
use of equipment or facilities. 
‘‘(2) FEDERAL
SHARE.—The Federal share of 
total costs for a project under this subsection shall not 
exceed 80 percent. 
‘‘(3) TREATMENT OF AMTRAK REVENUE.—If Am-
trak or another rail passenger carrier is an applicant 
under this section, Amtrak or the other rail passenger 
carrier, as applicable, may use ticket and other reve-
nues generated from its operations and other sources 
to satisfy the non-Federal share requirements. 
‘‘(h) LETTERS OF INTENT.— 
‘‘(1) IN GENERAL.—The Secretary may issue a 
letter of intent to a grantee under this section that— 
‘‘(A) announces an intention to obligate, for 
a major capital project under this section, an 
amount from future available budget authority 
specified in law that is not more than the 
amount stipulated as the financial participation 
of the Secretary in the project; and
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† HR 22 EAS 
‘‘(B) states that the contingent commit-
ment— 
‘‘(i) is not an obligation of the Federal 
Government; and 
‘‘(ii) is subject to the availability of 
appropriations under Federal law and to 
Federal laws in force or enacted after the 
date of the contingent commitment. 
‘‘(2) CONGRESSIONAL NOTIFICATION.— 
‘‘(A) IN GENERAL.—Not later than 30 days 
before issuing a letter under paragraph (1), the 
Secretary shall submit written notification to— 
‘‘(i) the Committee on Commerce, 
Science, and Transportation of the Senate; 
‘‘(ii) the Committee on Appropriations 
of the Senate; 
‘‘(iii) the Committee on Transpor-
tation and Infrastructure of the House of 
Representatives; and 
‘‘(iv) the Committee on Appropriations 
of the House of Representatives. 
‘‘(B) CONTENTS.—The notification sub-
mitted pursuant to subparagraph (A) shall in-
clude—
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† HR 22 EAS 
‘‘(i) a copy of the proposed letter or 
agreement; 
‘‘(ii) the criteria used under subsection 
(d) for selecting the project for a grant 
award; and 
‘‘(iii) a description of how the project 
meets such criteria. 
‘‘(3) APPROPRIATIONS
REQUIRED.—An obliga-
tion or administrative commitment may be made 
under this section only when amounts are appro-
priated for such purpose. 
‘‘(i) AVAILABILITY.—Amounts appropriated for car-
rying out this section shall remain available until ex-
pended. 
‘‘(j) GRANT CONDITIONS.—Except as specifically pro-
vided in this section, the use of any amounts appropriated 
for grants under this section shall be subject to the require-
ments under this chapter.’’. 
(b) CONFORMING AMENDMENT.—The table of contents 
for chapter 244 is amended by inserting after the item relat-
ing to section 24406 the following: 
‘‘24407. Federal-State partnership for state of good repair.’’. 
SEC. 35303. LARGE CAPITAL PROJECT REQUIREMENTS. 
Section 24402 is amended by adding at the end the 
following: 
‘‘(m) LARGE CAPITAL PROJECT REQUIREMENTS.—
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† HR 22 EAS 
‘‘(1) IN GENERAL.—For a grant awarded under 
this 
chapter 
for 
an 
amount 
in 
excess 
of 
$1,000,000,000, the following conditions shall apply: 
‘‘(A) The Secretary of Transportation may 
not obligate any funding unless the applicant 
demonstrates, to the satisfaction of the Secretary, 
that the applicant has committed, and will be 
able to fulfill, the non-Federal share required for 
the grant within the applicant’s proposed project 
completion timetable. 
‘‘(B) The Secretary may not obligate any 
funding for work activities that occur after the 
completion of final design unless— 
‘‘(i) the applicant submits a financial 
plan to the Secretary that generally identi-
fies the sources of the non-Federal funding 
required for any subsequent segments or 
phases of the corridor service development 
program covering the project for which the 
grant is awarded; 
‘‘(ii) the grant will result in a useable 
segment, a transportation facility, or equip-
ment, that has operational independence or 
is financially sustainable; and
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† HR 22 EAS 
‘‘(iii) the intercity passenger rail bene-
fits anticipated to result from the grant, 
such as increased speed, improved on-time 
performance, reduced trip time, increased 
frequencies, new service, safety improve-
ments, improved accessibility, or other sig-
nificant enhancements, are detailed by the 
grantee and approved by the Secretary. 
‘‘(C)(i) The Secretary shall ensure that the 
project is maintained to the level of utility that 
is necessary to support the benefits approved 
under subparagraph (B)(iii) for a period of 20 
years from the date on which the useable seg-
ment, transportation facility, or equipment de-
scribed in subparagraph (B)(ii) is placed in 
service. 
‘‘(ii) If the project property is not main-
tained as required under clause (i) for a 12- 
month period, the grant recipient shall refund a 
pro-rata share of the Federal contribution, based 
upon the percentage remaining of the 20-year pe-
riod that commenced when the project property 
was placed in service. 
‘‘(2) EARLY WORK.—The Secretary may allow a 
grantee subject to this subsection to engage in at-risk
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† HR 22 EAS 
work activities subsequent to the conclusion of final 
design if the Secretary determines that such work ac-
tivities are reasonable and necessary.’’. 
SEC. 35304. SMALL BUSINESS PARTICIPATION STUDY. 
(a) STUDY.—The Secretary shall conduct a nationwide 
disparity and availability study on the availability and use 
of small business concerns owned and controlled by socially 
and economically disadvantaged individuals and veteran- 
owned small businesses in publicly funded intercity pas-
senger rail service projects. 
(b) REPORT.—Not later than 4 years after the date 
of enactment of this Act, the Secretary shall submit a report 
containing the results of the study conducted under sub-
section (a) to the Committee on Commerce, Science, and 
Transportation of the Senate and the Committee on Trans-
portation and Infrastructure of the House of Representa-
tives. 
(c) DEFINITIONS.—In this section: 
(1) SMALL
BUSINESS
CONCERN.—The term 
‘‘small business concern’’ has the meaning given such 
term in section 3 of the Small Business Act (15 
U.S.C. 632), except that the term does not include 
any concern or group of concerns controlled by the 
same socially and economically disadvantaged indi-
vidual or individuals that have average annual gross
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receipts during the preceding 3 fiscal years in excess 
of $22,410,000, as adjusted annually by the Secretary 
for inflation. 
(2) SOCIALLY
AND
ECONOMICALLY
DISADVAN-
TAGED
INDIVIDUAL.—The term ‘‘socially and eco-
nomically disadvantaged individual’’ has the mean-
ing given such term in section 8(d) of the Small Busi-
ness Act (15 U.S.C. 637(d)) and relevant subcon-
tracting regulations issued pursuant to such Act, ex-
cept that women shall be presumed to be socially and 
economically disadvantaged individuals for purposes 
of this section. 
(3) VETERAN-OWNED
SMALL
BUSINESS.—The 
term ‘‘veteran-owned small business’’ has the meaning 
given the term ‘‘small business concern owned and 
controlled by veterans’’ in section 3(q)(3) of the Small 
Business Act (15 U.S.C. 632(q)(3)), except that the 
term does not include any concern or group of con-
cerns controlled by the same veterans that have aver-
age annual gross receipts during the preceding 3 fis-
cal years in excess of $22,410,000, as adjusted annu-
ally by the Secretary for inflation. 
SEC. 35305. GULF COAST RAIL SERVICE WORKING GROUP. 
(a) IN GENERAL.—Not later than 90 days after the 
date of enactment of this Act, the Secretary shall convene
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a working group to evaluate the restoration of intercity rail 
passenger service in the Gulf Coast region between New Or-
leans, Louisiana, and Orlando, Florida. 
(b) MEMBERSHIP.—The working group convened pur-
suant to subsection (a) shall consist of representatives of— 
(1) the Federal Railroad Administration, which 
shall serve as chair of the working group; 
(2) Amtrak; 
(3) the States along the proposed route or routes; 
(4) regional transportation planning organiza-
tions and metropolitan planning organizations, mu-
nicipalities, and communities along the proposed 
route or routes, which shall be selected by the Admin-
istrator; 
(5) the Southern Rail Commission; 
(6) freight railroad carriers whose tracks may be 
used for such service; and 
(7) other entities determined appropriate by the 
Secretary, which may include independent passenger 
rail operators that express an interest in Gulf Coast 
service. 
(c) RESPONSIBILITIES.—The working group shall— 
(1) evaluate all options for restoring intercity 
rail passenger service in the Gulf Coast region, in-
cluding options outlined in the report transmitted to
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† HR 22 EAS 
Congress pursuant to section 226 of the Passenger 
Rail Investment and Improvement Act of 2008 (divi-
sion B of Public Law 110–432); 
(2) select a preferred option for restoring such 
service; 
(3) develop a prioritized inventory of capital 
projects and other actions required to restore such 
service and cost estimates for such projects or actions; 
and 
(4) identify Federal and non-Federal funding 
sources required to restore such service, including op-
tions for entering into public-private partnerships to 
restore such service. 
(d) REPORT.—Not later than 9 months after the date 
of enactment of this Act, the working group shall submit 
a report to the Committee on Commerce, Science, and 
Transportation of the Senate and the Committee on Trans-
portation and Infrastructure of the House of Representa-
tives that includes— 
(1) the preferred option selected under subsection 
(c)(2) and the reasons for selecting such option; 
(2) the information described in subsection 
(c)(3); 
(3) the funding sources identified under sub-
section (c)(4);
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(4) the costs and benefits of restoring intercity 
rail passenger transportation in the region; and 
(5) any other information the working group de-
termines appropriate. 
SEC. 
35306. 
INTEGRATED 
PASSENGER 
RAIL 
WORKING 
GROUP. 
(a) IN GENERAL.—Not later than 180 days after the 
date of enactment of this Act, the Secretary shall convene 
a working group to review issues relating to— 
(1) the potential operation of State-supported 
routes by rail passenger carriers other than Amtrak; 
and 
(2) their role in establishing an integrated inter-
city passenger rail network in the United States. 
(b) MEMBERSHIP.—The working group shall consist of 
a balanced representation of— 
(1) the Federal Railroad Administration, who 
shall chair the Working Group; 
(2) States that fund State-sponsored routes; 
(3) independent passenger rail operators, includ-
ing those that carry at least 5,000,000 passengers an-
nually in United States or international rail service; 
(4) Amtrak; 
(5) railroads that host intercity State-supported 
routes;
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† HR 22 EAS 
(6) employee representatives from railroad 
unions and building trade unions with substantial 
engagement in railroad rights of way construction 
and maintenance; and 
(7) other entities determined appropriate by the 
Secretary. 
(c) RESPONSIBILITIES.—The working group shall 
evaluate options for improving State-supported routes and 
may make recommendations, as appropriate, regarding— 
(1) best practices for State or State authority 
governance of State-supported routes; 
(2) future sources of Federal and non-Federal 
funding sources for State-supported routes; 
(3) best practices in obtaining passenger rail op-
erations and services on a competitive basis with the 
objective of creating the highest quality service at the 
lowest cost to the taxpayer; 
(4) ensuring potential interoperability of State- 
supported routes as a part of a national network with 
multiple providers providing integrated services in-
cluding ticketing, scheduling, and route planning; 
and 
(5) the interface between State-supported routes 
and connecting commuter rail operations, including
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† HR 22 EAS 
maximized intra-modal and intermodal connections 
and common sources of funding for capital projects. 
(d) MEETINGS.—Not later than 60 days after the es-
tablishment of the working group by the Secretary under 
subsection (a), the working group shall convene an organi-
zational meeting outside of the District of Columbia and 
shall define the rules and procedures governing the pro-
ceedings of the working group. The working group shall hold 
at least 3 meetings per year in States that fund State-sup-
ported routes. 
(e) REPORTS.— 
(1) PRELIMINARY
REPORT.—Not later than 1 
year after the date the working group is established, 
the working group shall submit a preliminary report 
to the Secretary, the Governors of States funding 
State-supported routes, the Committee on Commerce, 
Science, and Transportation of the Senate, and the 
Committee on Transportation and Infrastructure of 
the House of Representatives that includes— 
(A) administrative recommendations that 
can be implemented by a State and State au-
thority or by the Secretary; and 
(B) preliminary legislative recommenda-
tions.
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† HR 22 EAS 
(2) FINAL
LEGISLATIVE
RECOMMENDATIONS.— 
Not later than 2 years after the date the working 
group is established, the working group shall submit 
a report to the Committee on Commerce, Science, and 
Transportation of the Senate and the Committee on 
Transportation and Infrastructure of the House of 
Representatives that includes final legislative rec-
ommendations. 
SEC. 35307. SHARED-USE STUDY. 
(a) IN GENERAL.—Not later than 3 years after the 
date of enactment of this Act, the Secretary, in consultation 
with Amtrak, commuter rail authorities, and other pas-
senger rail operators, railroad carriers that own rail infra-
structure over which both passenger and freight trains oper-
ate, States, the Surface Transportation Board, the North-
east Corridor Commission established under section 24905, 
the State-Supported Route Committee established under sec-
tion 24712, and groups representing rail passengers and 
customers, as appropriate, shall complete a study that eval-
uates— 
(1) the shared use of right-of-way by passenger 
and freight rail systems; and 
(2) the operational, institutional, and legal 
structures that would best support improvements to 
the systems referred to in paragraph (1).
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(b) AREAS OF STUDY.—In conducting the study under 
subsection (a), the Secretary shall evaluate— 
(1) the access and use of railroad right-of-way by 
a rail carrier that does not own the right-of-way, such 
as passenger rail services that operate over privately- 
owned right-of-way, including an analysis of— 
(A) access agreements; 
(B) costs of access; and 
(C) the resolution of disputes relating to 
such access or costs; 
(2) the effectiveness of existing contractual, statu-
tory, and regulatory mechanisms for establishing, 
measuring, and enforcing train performance stand-
ards, including— 
(A) the manner in which passenger train 
delays are recorded; 
(B) the assignment of responsibility for such 
delays; and 
(C) the use of incentives and penalties for 
performance; 
(3) strengths and weaknesses in the existing 
mechanisms described in paragraph (2) and possible 
approaches to address the weaknesses; 
(4) mechanisms for measuring and maintaining 
public benefits resulting from publicly funded freight
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† HR 22 EAS 
or passenger rail improvements, including improve-
ments directed towards shared-use right-of-way by 
passenger and freight rail; 
(5) approaches to operations, capacity, and cost 
estimation modeling that— 
(A) allows for transparent decisionmaking; 
and 
(B) protects the proprietary interests of all 
parties; 
(6) liability requirements and arrangements, in-
cluding— 
(A) whether to expand statutory liability 
limits to additional parties; 
(B) whether to revise the current statutory 
liability limits; 
(C) whether current insurance levels of pas-
senger rail operators are adequate and whether 
to establish minimum insurance requirements for 
such passenger rail operators; and 
(D) whether to establish a liability regime 
modeled after section 170 of the Atomic Energy 
Act of 1954 (42 U.S.C. 2210); 
(7) the effect on rail passenger services, oper-
ations, liability limits and insurance levels of the as-
sertion of sovereign immunity by a State; and
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† HR 22 EAS 
(8) other issues identified by the Secretary. 
(c) REPORT.—Not later than 60 days after the study 
under subsection (a) is complete, the Secretary shall submit 
to the Committee on Commerce, Science, and Transpor-
tation of the Senate and the Committee on Transportation 
and Infrastructure of the House of Representatives a report 
that includes— 
(1) the results of the study; and 
(2) any recommendations for further action, in-
cluding any legislative proposals consistent with such 
recommendations. 
(d) IMPLEMENTATION.—The Secretary shall integrate 
the recommendations submitted under subsection (c) into 
its financial assistance programs under subtitle V of title 
49, United States Code, and section 502 of the Railroad 
Revitalization and Regulatory Reform Act of 1976 (45 
U.S.C. 822), as appropriate. 
SEC. 35308. NORTHEAST CORRIDOR COMMISSION. 
(a) COMPOSITION.—Section 24905(a) is amended— 
(1) in paragraph (1)— 
(A) in the matter preceding subparagraph 
(A), by inserting ‘‘, infrastructure investments,’’ 
after ‘‘rail operations’’; 
(B) by amending subparagraph (B) to read 
as follows:
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† HR 22 EAS 
‘‘(B) members representing the Department of 
Transportation, including the Office of the Secretary, 
the Federal Railroad Administration, and the Federal 
Transit Administration;’’; and 
(C) in subparagraph (D) by inserting ‘‘and 
commuter’’ after ‘‘freight’’; and 
(2) by amending paragraph (6) to read as fol-
lows: 
‘‘(6) The members of the Commission shall elect 
co-chairs consisting of 1 member described in para-
graph (1)(B) and 1 member described in paragraph 
(1)(C).’’. 
(b) STATEMENT OF GOALS AND RECOMMENDATIONS.— 
Section 24905(b) is amended— 
(1) in paragraph (1), by inserting ‘‘and periodi-
cally update’’ after ‘‘develop’’; 
(2) in paragraph (2)(A), by striking ‘‘beyond 
those specified in the state of good repair plan under 
section 211 of the Passenger Rail Investment and Im-
provement Act of 2008’’; and 
(3) by adding at the end the following: 
‘‘(3) SUBMISSION
OF
STATEMENT
OF
GOALS, 
RECOMMENDATIONS, AND PERFORMANCE REPORTS.— 
The Commission shall submit to the Committee on 
Commerce, Science, and Transportation of the Senate
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† HR 22 EAS 
and the Committee on Transportation and Infrastruc-
ture of the House of Representatives— 
‘‘(A) any updates made to the statement of 
goals developed under paragraph (1) not later 
than 60 days after such updates are made; and 
‘‘(B) annual performance reports and rec-
ommendations for improvements, as appropriate, 
issued not later than March 31 of each year, for 
the prior fiscal year, which summarize— 
‘‘(i) the operations and performance of 
commuter, intercity, and freight rail trans-
portation along the Northeast Corridor; and 
‘‘(ii) the delivery of the capital plan 
described in section 24904.’’. 
(c) COST ALLOCATION POLICY.—Section 24905(c) is 
amended— 
(1) in the subsection heading, by striking ‘‘AC-
CESS COSTS’’ and inserting ‘‘ALLOCATION OF COSTS’’; 
(2) in paragraph (1)— 
(A) in the paragraph heading, by striking 
‘‘FORMULA’’ and inserting ‘‘POLICY’’; 
(B) in the matter preceding subparagraph 
(A), by striking ‘‘Within 2 years after the date 
of enactment of the Passenger Rail Investment
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† HR 22 EAS 
and Improvement Act of 2008, the Commission’’ 
and inserting ‘‘The Commission’’; 
(C) in subparagraph (A), by striking ‘‘for-
mula’’ and inserting ‘‘policy’’; and 
(D) by striking subparagraph (B) through 
(D) and inserting the following: 
‘‘(B) develop a proposed timetable for im-
plementing the policy; 
‘‘(C) submit the policy and timetable devel-
oped under subparagraph (B) to the Surface 
Transportation Board, the Committee on Com-
merce, Science, and Transportation of the Sen-
ate, and the Committee on Transportation and 
Infrastructure of the House of Representatives; 
‘‘(D) not later than October 1, 2015, adopt 
and implement the policy in accordance with the 
timetable; and 
‘‘(E) with the consent of a majority of its 
members, the Commission may petition the Sur-
face Transportation Board to appoint a medi-
ator to assist the Commission members through 
nonbinding mediation to reach an agreement 
under this section.’’; 
(3) in paragraph (2)—
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† HR 22 EAS 
(A) by striking ‘‘formula proposed in’’ and 
inserting ‘‘policy developed under’’; and 
(B) in the second sentence— 
(i) by striking ‘‘the timetable, the Com-
mission shall petition the Surface Transpor-
tation Board to’’ and inserting ‘‘paragraph 
(1)(D) or fail to comply with the policy 
thereafter, 
the 
Surface 
Transportation 
Board shall’’; and 
(ii) by striking ‘‘amounts for such serv-
ices in accordance with section 24904(c) of 
this title’’ and inserting ‘‘for such usage in 
accordance with the procedures and proce-
dural schedule applicable to a proceeding 
under section 24903(c), after taking into 
consideration the policy developed under 
paragraph (1)(A), as applicable’’; 
(4) in paragraph (3), by striking ‘‘formula’’ and 
inserting ‘‘policy’’; and 
(5) by adding at the end the following: 
‘‘(4) REQUEST FOR DISPUTE RESOLUTION.—If a 
dispute arises with the implementation of, or compli-
ance with, the policy developed under paragraph (1), 
the Commission, Amtrak, or public authorities pro-
viding commuter rail passenger transportation on the
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† HR 22 EAS 
Northeast Corridor may request that the Surface 
Transportation Board conduct dispute resolution. The 
Surface Transportation Board shall establish proce-
dures for resolution of disputes brought before it 
under this paragraph, which may include the provi-
sion of professional mediation services.’’. 
(d) CONFORMING AMENDMENTS.—Section 24905 is 
amended— 
(1) by striking subsection (d); 
(2) by redesignating subsections (e) and (f) as 
subsections (d) and (e), respectively; 
(3) in subsection (d), as redesignated, by striking 
‘‘to the Commission such sums as may be necessary 
for the period encompassing fiscal years 2009 through 
2013 to carry out this section’’ and inserting ‘‘to the 
Secretary for the use of the Commission and the 
Northeast Corridor Safety Committee such sums as 
may be necessary to carry out this section during fis-
cal year 2016 through 2019, in addition to amounts 
withheld under section 35101(e) of the Railroad Re-
form, Enhancement, and Efficiency Act’’; and 
(4) in subsection (e)(2), as redesignated, by strik-
ing ‘‘on the main line.’’ and inserting ‘‘on the main 
line and meet annually with the Commission on the 
topic of Northeast Corridor safety and security.’’.
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† HR 22 EAS 
(e) NORTHEAST CORRIDOR PLANNING.— 
(1) AMENDMENT.—Chapter 249 is amended— 
(A) by redesignating section 24904 as sec-
tion 24903; and 
(B) by inserting after section 24903, as re-
designated, the following: 
‘‘§ 24904. Northeast Corridor planning 
‘‘(a) NORTHEAST CORRIDOR CAPITAL INVESTMENT 
PLAN.— 
‘‘(1) REQUIREMENT.—Not later than May 1 of 
each year, the Northeast Corridor Commission estab-
lished under section 24905 (referred to in this section 
as the ‘Commission’) shall— 
‘‘(A) develop a capital investment plan for 
the Northeast Corridor main line between Bos-
ton, Massachusetts, and the Virginia Avenue 
interlocking in the District of Columbia, and the 
Northeast Corridor branch lines connecting to 
Harrisburg, Pennsylvania, Springfield, Massa-
chusetts, and Spuyten Duyvil, New York, includ-
ing the facilities and services used to operate and 
maintain those lines; and 
‘‘(B) submit the capital investment plan to 
the Secretary of Transportation and the Com-
mittee on Commerce, Science, and Transpor-
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† HR 22 EAS 
tation of the Senate and the Committee on 
Transportation and Infrastructure of the House 
of Representatives. 
‘‘(2) CONTENTS.—The capital investment plan 
shall— 
‘‘(A) reflect coordination and network opti-
mization across the entire Northeast Corridor; 
‘‘(B) integrate the individual capital and 
service plans developed by each operator using 
the methods described in the cost allocation pol-
icy developed under section 24905(c); 
‘‘(C) cover a period of 5 fiscal years, begin-
ning with the first fiscal year after the date on 
which the plan is completed; 
‘‘(D) notwithstanding section 24902(b), 
identify, prioritize, and phase the implementa-
tion of projects and programs to achieve the serv-
ice outcomes identified in the Northeast Corridor 
service development plan and the asset condition 
needs identified in the Northeast Corridor asset 
management plans, once available, and con-
sider— 
‘‘(i) the benefits and costs of capital in-
vestments in the plan; 
‘‘(ii) project and program readiness;
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† HR 22 EAS 
‘‘(iii) the operational impacts; and 
‘‘(iv) funding availability; 
‘‘(E) categorize capital projects and pro-
grams as primarily associated with; 
‘‘(i) normalized capital replacement 
and basic infrastructure renewals; 
‘‘(ii) replacement or rehabilitation of 
major Northeast Corridor infrastructure as-
sets, including tunnels, bridges, stations, 
and other assets; 
‘‘(iii) statutory, regulatory, or other 
legal mandates; 
‘‘(iv) improvements to support service 
enhancements or growth; or 
‘‘(v) strategic initiatives that will im-
prove overall operational performance or 
lower costs; 
‘‘(F) identify capital projects and programs 
that are associated with more than 1 category 
described in subparagraph (E); 
‘‘(G) describe the anticipated outcomes of 
each project or program, including an assess-
ment of—
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† HR 22 EAS 
‘‘(i) the potential effect on passenger 
accessibility, operations, safety, reliability, 
and resiliency; 
‘‘(ii) the ability of infrastructure own-
ers and operators to meet regulatory re-
quirements if the project or program is not 
funded; and 
‘‘(iii) the benefits and costs; and 
‘‘(H) include a financial plan. 
‘‘(3) FINANCIAL
PLAN.—The financial plan 
under paragraph (2)(H) shall— 
‘‘(A) identify funding sources and financing 
methods; 
‘‘(B) identify the expected allocated shares 
of costs pursuant to the cost allocation policy de-
veloped under section 24905(c); 
‘‘(C) identify the projects and programs 
that the Commission expects will receive Federal 
financial assistance; and 
‘‘(D) identify the eligible entity or entities 
that the Commission expects will receive the Fed-
eral financial assistance described under sub-
paragraph (C). 
‘‘(b) FAILURE TO DEVELOP A CAPITAL INVESTMENT 
PLAN.—If a capital investment plan has not been developed
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† HR 22 EAS 
by the Commission for a given fiscal year, then the funds 
assigned to the account established under section 24319(b) 
for that fiscal year may be spent only on— 
‘‘(1) capital projects described in clause (i) or 
(iii) of subsection (a)(2)(E) of this section; or 
‘‘(2) capital projects described in subsection 
(a)(2)(E)(iv) of this section that are for the sole ben-
efit of Amtrak. 
‘‘(c) NORTHEAST CORRIDOR ASSET MANAGEMENT.— 
‘‘(1) CONTENTS.—With regard to its infrastruc-
ture, Amtrak and each State and public transpor-
tation entity that owns infrastructure that supports 
or provides for intercity rail passenger transportation 
on the Northeast Corridor shall develop an asset man-
agement system and develop and update, as nec-
essary, a Northeast Corridor asset management plan 
for each service territory described in subsection (a) 
that— 
‘‘(A) are consistent with the Federal Transit 
Administration process, as authorized under sec-
tion 5326, when implemented; and 
‘‘(B) include, at a minimum— 
‘‘(i) an inventory of all capital assets 
owned by the developer of the asset manage-
ment plan;
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† HR 22 EAS 
‘‘(ii) an assessment of asset condition; 
‘‘(iii) a description of the resources 
and processes necessary to bring or main-
tain those assets in a state of good repair, 
including decision-support tools and invest-
ment prioritization methods; and 
‘‘(iv) a description of changes in asset 
condition since the previous version of the 
plan. 
‘‘(2) TRANSMITTAL.—Each entity described in 
paragraph (1) shall transmit to the Commission— 
‘‘(A) not later than 2 years after the date 
of enactment of the Railroad Reform, Enhance-
ment, and Efficiency Act, its Northeast Corridor 
asset management plan developed under para-
graph (1); and 
‘‘(B) at least biennial thereafter, an update 
to its Northeast Corridor asset management 
plan. 
‘‘(d) NORTHEAST CORRIDOR SERVICE DEVELOPMENT 
PLAN UPDATES.—Not less frequently than once every 10 
years, the Commission shall update the Northeast Corridor 
service development plan.’’. 
(2) CONFORMING AMENDMENTS.—
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† HR 22 EAS 
(A) 
NOTE
AND
MORTGAGE.—Section 
24907(a) is amended by striking ‘‘section 24904 
of this title’’ and inserting ‘‘section 24903’’. 
(B) TABLE
OF
CONTENTS
AMENDMENT.— 
The table of contents for chapter 249 is amend-
ed— 
(i) by redesignating the item relating 
to section 24904 as relating to section 
24903; and 
(ii) by inserting after the item relating 
to section 24903, as redesignated, the fol-
lowing: 
‘‘24904. Northeast Corridor planning.’’. 
(3) REPEAL.—Section 211 of the Passenger Rail 
Investment and Improvement Act of 2008 (division B 
of Public Law 110–432; 49 U.S.C. 24902 note) is re-
pealed. 
SEC. 35309. NORTHEAST CORRIDOR THROUGH-TICKETING 
AND PROCUREMENT EFFICIENCIES. 
(a) THROUGH-TICKETING STUDY.— 
(1) IN GENERAL.—Not later than 3 years after 
the date of enactment of this Act, the Northeast Cor-
ridor Commission established under section 24905(a) 
of title 49, United States Code (referred to in this sec-
tion as the ‘‘Commission’’), in consultation with Am-
trak and the commuter rail passenger transportation
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† HR 22 EAS 
providers along the Northeast Corridor shall complete 
a study on the feasibility of and options for permit-
ting through-ticketing between Amtrak service and 
commuter rail services on the Northeast Corridor. 
(2) CONTENTS.—In completing the study under 
paragraph (1), the Northeast Corridor Commission 
shall— 
(A) examine the current state of intercity 
and commuter rail ticketing technologies, poli-
cies, and other relevant aspects on the Northeast 
Corridor; 
(B) consider and recommend technology, 
process, policy, or other options that would per-
mit through-ticketing to allow intercity and com-
muter rail passengers to purchase, in a single 
transaction, travel that utilizes Amtrak and con-
necting commuter rail services; 
(C) consider options to expand through- 
ticketing to include local transit services; 
(D) summarize costs, benefits, opportunities, 
and impediments to developing such through- 
ticketing options; and 
(E) develop a proposed methodology, includ-
ing cost and schedule estimates, for carrying out
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† HR 22 EAS 
a pilot program on through-ticketing on the 
Northeast Corridor. 
(3) REPORT.—Not later than 60 days after the 
date the study under paragraph (1) is complete, the 
Commission shall submit to the Committee on Com-
merce, Science, and Transportation of the Senate and 
the Committee on Transportation and Infrastructure 
of the House of Representatives a report that in-
cludes— 
(A) the results of the study; and 
(B) any recommendations for further ac-
tion. 
(b) JOINT PROCUREMENT STUDY.— 
(1) IN GENERAL.—Not later than 3 years after 
the date of enactment of this Act, the Secretary, in co-
operation with the Commission, Amtrak, and com-
muter rail transportation authorities on the Northeast 
Corridor shall complete a study of the potential bene-
fits resulting from Amtrak and such authorities un-
dertaking select joint procurements for common mate-
rials, assets, and equipment when expending Federal 
funds for such purchases. 
(2) CONTENTS.—In completing the study under 
paragraph (1), the Secretary shall consider—
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† HR 22 EAS 
(A) the types of materials, assets, and 
equipment that are regularly purchased by Am-
trak and such authorities that are similar and 
could be jointly procured; 
(B) the potential benefits of such joint pro-
curements, including lower procurement costs, 
better pricing, greater market relevancy, and 
other efficiencies; 
(C) the potential costs of such joint procure-
ments; 
(D) any significant impediments to under-
taking joint procurements, including any nec-
essary harmonization and reconciliation of Fed-
eral and State procurement or safety regulations 
or standards and other requirements; and 
(E) whether to create Federal incentives or 
requirements relating to considering or carrying 
out joint procurements when expending Federal 
funds. 
(3) TRANSMISSION.—Not later than 60 days 
after completing the study required under this sub-
section, the Secretary shall submit to the Committee 
on Commerce, Science, and Transportation of the 
Senate and the Committee on Transportation and In-
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† HR 22 EAS 
frastructure of the House of Representatives a report 
that includes— 
(A) the results of the study; and 
(B) any recommendations for further ac-
tion. 
(c) NORTHEAST CORRIDOR.—In this section, the term 
‘‘Northeast Corridor’’ means the Northeast Corridor main 
line between Boston, Massachusetts, and the Virginia Ave-
nue interlocking in the District of Columbia, and the North-
east Corridor branch lines connecting to Harrisburg, Penn-
sylvania, Springfield, Massachusetts, and Spuyten Duyvil, 
New York, including the facilities and services used to oper-
ate and maintain those lines. 
SEC. 35310. DATA AND ANALYSIS. 
(a) DATA.—Not later than 3 years after the date of 
enactment of this Act, the Secretary, in consultation with 
the Surface Transportation Board, Amtrak, freight rail-
roads, State and local governments, and regional business, 
tourism and economic development agencies shall conduct 
a data needs assessment— 
(1) to support the development of an efficient 
and effective intercity passenger rail network; 
(2) to identify the data needed to conduct cost- 
effective modeling and analysis for intercity passenger 
rail development programs;
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† HR 22 EAS 
(3) to determine limitations to the data used for 
inputs; 
(4) to develop a strategy to address such limita-
tions; 
(5) to identify barriers to accessing existing 
data; 
(6) to develop recommendations regarding wheth-
er the authorization of additional data collection for 
intercity passenger rail travel is warranted; and 
(7) to determine which entities will be respon-
sible for generating or collecting needed data. 
(b) BENEFIT-COST ANALYSIS.—Not later than 180 
days after the date of enactment of this Act, the Secretary 
shall enhance the usefulness of assessments of benefits and 
costs, for intercity passenger rail and freight rail projects— 
(1) by providing ongoing guidance and training 
on developing benefit and cost information for rail 
projects; 
(2) by providing more direct and consistent re-
quirements for assessing benefits and costs across 
transportation funding programs, including the ap-
propriate use of discount rates; 
(3) by requiring applicants to clearly commu-
nicate the methodology used to calculate the project
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† HR 22 EAS 
benefits and costs, including non-proprietary infor-
mation on— 
(A) assumptions underlying calculations; 
(B) strengths and limitations of data used; 
and 
(C) the level of uncertainty in estimates of 
project benefits and costs; and 
(4) by ensuring that applicants receive clear and 
consistent guidance on values to apply for key as-
sumptions used to estimate potential project benefits 
and costs. 
(c) CONFIDENTIAL DATA.—The Secretary shall protect 
sensitive or confidential to the greatest extent permitted by 
law. Nothing in this section shall require any entity to pro-
vide information to the Secretary in the absence of a vol-
untary agreement. 
SEC. 35311. PERFORMANCE-BASED PROPOSALS. 
(a) SOLICITATION OF PROPOSALS.— 
(1) IN GENERAL.—Not later than 30 days after 
the date of enactment of this Act, the Secretary shall 
issue a request for proposals for projects for the fi-
nancing, design, construction, operation, and mainte-
nance of an intercity passenger rail system, includ-
ing— 
(A) the Northeast Corridor;
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(B) the California Corridor; 
(C) the Empire Corridor; 
(D) the Pacific Northwest Corridor; 
(E) the South Central Corridor; 
(F) the Gulf Coast Corridor; 
(G) the Chicago Hub Network; 
(H) the Florida Corridor; 
(I) the Keystone Corridor; 
(J) the Northern New England Corridor; 
and 
(K) the Southeast Corridor. 
(2) SUBMISSION.—Proposals shall be submitted 
to the Secretary not later than 180 days after the 
publication of such request for proposals under para-
graph (1). 
(3) PERFORMANCE
STANDARD.—Proposals sub-
mitted under paragraph (2) shall meet any standards 
established by the Secretary. For corridors with exist-
ing intercity passenger rail service, proposals shall 
also be designed to achieve a reduction of existing 
minimum intercity rail service trip times between the 
main corridor city pairs by a minimum of 25 per-
cent. In the case of a proposal submitted with respect 
to paragraph (1)(A), the proposal shall be designed to 
achieve a 2-hour or less express service between Wash-
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† HR 22 EAS 
ington, District of Columbia, and New York City, 
New York. 
(4) CONTENTS.—A proposal submitted under 
this subsection shall include— 
(A) the names and qualifications of the per-
sons submitting the proposal and the entities 
proposed to finance, design, construct, operate, 
and maintain the railroad, railroad equipment, 
and related facilities, stations, and infrastruc-
ture; 
(B) a detailed description of the proposed 
rail service, including possible routes, required 
infrastructure investments and improvements, 
equipment needs and type, train frequencies, 
peak and average operating speeds, and trip 
times; 
(C) a description of how the project would 
comply with all applicable Federal rail safety 
and security laws, orders, and regulations; 
(D) the locations of proposed stations, which 
maximize the usage of existing infrastructure to 
the extent possible, and the populations such sta-
tions are intended to serve;
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(E) the type of equipment to be used, in-
cluding any technologies, to achieve trip time 
goals; 
(F) a description of any proposed legisla-
tion needed to facilitate all aspects of the project; 
(G) a financing plan identifying— 
(i) projected revenue, and sources 
thereof; 
(ii) the amount of any requested public 
contribution toward the project, and pro-
posed sources; 
(iii) projected annual ridership projec-
tions for the first 10 years of operations; 
(iv) annual operations and capital 
costs; 
(v) the projected levels of capital in-
vestments required both initially and in 
subsequent years to maintain a state-of- 
good-repair necessary to provide the ini-
tially proposed level of service or higher lev-
els of service; 
(vi) projected levels of private invest-
ment and sources thereof, including the 
identity of any person or entity that has 
made or is expected to make a commitment
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† HR 22 EAS 
to provide or secure funding and the 
amount of such commitment; and 
(vii) projected funding for the full fair 
market compensation for any asset, prop-
erty right or interest, or service acquired 
from, owned, or held by a private person or 
Federal entity that would be acquired, im-
paired, or diminished in value as a result 
of a project, except as otherwise agreed to by 
the private person or entity; 
(H) a description of how the project would 
contribute to the development of the intercity 
passenger rail system and an intermodal plan 
describing how the system will facilitate conven-
ient travel connections with other transportation 
services; 
(I) a description of how the project will en-
sure compliance with Federal laws governing the 
rights and status of employees associated with 
the route and service, including those specified in 
section 24405 of title 49, United States Code; 
(J) a description of how the design, con-
struction, implementation, and operation of the 
project will accommodate and allow for future
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† HR 22 EAS 
growth of existing and projected intercity, com-
muter, and freight rail service; 
(K) a description of how the project would 
comply with Federal and State environmental 
laws and regulations, of what environmental im-
pacts would result from the project, and of how 
any adverse impacts would be mitigated; and 
(L) a description of the project’s impacts on 
highway and aviation congestion, energy con-
sumption, land use, and economic development 
in the service area. 
(b) DETERMINATION AND ESTABLISHMENT OF COM-
MISSIONS.—Not later than 90 days after receipt of the pro-
posals under subsection (a), the Secretary shall— 
(1) make a determination as to whether any such 
proposals— 
(A) contain the information required under 
paragraphs (3) and (4) of subsection (a); 
(B) are sufficiently credible to warrant fur-
ther consideration; 
(C) are likely to result in a positive impact 
on the Nation’s transportation system; and 
(D) are cost-effective and in the public in-
terest;
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† HR 22 EAS 
(2) establish a commission under subsection (c) 
for each corridor with 1 or more proposals that the 
Secretary determines satisfy the requirements of para-
graph (1); and 
(3) forward to each commission established 
under paragraph (2) the applicable proposals for re-
view and consideration. 
(c) COMMISSIONS.— 
(1) MEMBERS.—Each commission established 
under subsection (b)(2) shall include— 
(A) the governors of the affected States, or 
their respective designees; 
(B) mayors of appropriate municipalities 
with stops along the proposed corridor, or their 
respective designees; 
(C) a representative from each freight rail-
road carrier using the relevant corridor, if appli-
cable; 
(D) a representative from each transit au-
thority using the relevant corridor, if applicable; 
(E) representatives of nonprofit employee 
labor organizations representing affected railroad 
employees; and 
(F) the President of Amtrak or his or her 
designee.
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† HR 22 EAS 
(2) APPOINTMENT
AND
SELECTION.—The Sec-
retary shall appoint the members under paragraph 
(1). In selecting each commission’s members to fulfill 
the requirements under subparagraphs (B) and (E) of 
paragraph (1), the Secretary shall consult with the 
Chairperson and Ranking Member of the Committee 
on Commerce, Science, and Transportation of the 
Senate and of the Committee on Transportation and 
Infrastructure of the House of Representatives. 
(3) CHAIRPERSON AND VICE-CHAIRPERSON SE-
LECTION.—The Chairperson and Vice-Chairperson 
shall be elected from among members of each commis-
sion. 
(4) QUORUM AND VACANCY.— 
(A) QUORUM.—A majority of the members 
of each commission shall constitute a quorum. 
(B) VACANCY.—Any vacancy in each com-
mission shall not affect its powers and shall be 
filled in the same manner in which the original 
appointment was made. 
(5) APPLICATION OF LAW.—Except where other-
wise provided by this section, the Federal Advisory 
Committee Act (5 U.S.C. App.) shall apply to each 
commission created under this section. 
(d) COMMISSION CONSIDERATION.—
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† HR 22 EAS 
(1) IN GENERAL.—Each commission established 
under subsection (b)(2) shall be responsible for review-
ing the proposal or proposals forwarded to it under 
that subsection and not later than 90 days after the 
establishment of the commission, shall transmit to the 
Secretary a report, including— 
(A) a summary of each proposal received; 
(B) services to be provided under each pro-
posal, including projected ridership, revenues, 
and costs; 
(C) proposed public and private contribu-
tions for each proposal; 
(D) the advantages offered by the proposal 
over existing intercity passenger rail services; 
(E) public operating subsidies or assets 
needed for the proposed project; 
(F) possible risks to the public associated 
with the proposal, including risks associated 
with project financing, implementation, comple-
tion, safety, and security; 
(G) a ranked list of the proposals rec-
ommended for further consideration under sub-
section (e) in accordance with each proposal’s 
projected positive impact on the Nation’s trans-
portation system;
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† HR 22 EAS 
(H) an identification of any proposed Fed-
eral legislation that would facilitate implementa-
tion of the projects and Federal legislation that 
would be required to implement the projects; and 
(I) any other recommendations by the com-
mission concerning the proposed projects. 
(2) VERBAL PRESENTATION.—Proposers shall be 
given an opportunity to make a verbal presentation 
to the commission to explain their proposals. 
(3) AUTHORIZATION
OF
APPROPRIATIONS.— 
There is authorized to be appropriated to the Sec-
retary for the use of each commission established 
under subsection (b)(2) such sums as are necessary to 
carry out this section. 
(e) SELECTION BY SECRETARY.— 
(1) IN GENERAL.—Not later than 60 days after 
receiving the recommended proposals of the commis-
sions established under subsection (b)(2), the Sec-
retary shall— 
(A) review such proposals and select any 
proposal that provides substantial benefits to the 
public and the national transportation system, is 
cost-effective, offers significant advantages over 
existing services, and meets other relevant factors 
determined appropriate by the Secretary; and
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† HR 22 EAS 
(B) submit to the Committee on Commerce, 
Science, and Transportation of the Senate and 
the Committee on Transportation and Infra-
structure of the House of Representatives a re-
port containing any proposal with respect to 
subsection (a)(1)(A) that is selected by the Sec-
retary under subparagraph (A) of this para-
graph, all the information regarding the pro-
posal provided to the Secretary under subsection 
(d), and any other information the Secretary 
considers relevant. 
(2) SUBSEQUENT REPORT.—Following the sub-
mission of the report under paragraph (1)(B), the 
Secretary shall submit to the Committee on Com-
merce, Science, and Transportation of the Senate and 
the Committee on Transportation and Infrastructure 
of the House of Representatives a report containing 
any proposal with respect to subparagraphs (B) 
through (K) of subsection (a)(1) that are selected by 
the Secretary under paragraph (1) of this subsection, 
all the information regarding the proposal provided 
to the Secretary under subsection (d), and any other 
information the Secretary considers relevant. 
(3) LIMITATION ON REPORT SUBMISSION.—The 
report required under paragraph (2) shall not be sub-
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† HR 22 EAS 
mitted by the Secretary until the report submitted 
under paragraph (1)(B) has been considered through 
a hearing by the Committee on Commerce, Science, 
and Transportation of the Senate and the Committee 
on Transportation and Infrastructure of the House of 
Representatives on the report submitted under para-
graph (1)(B). 
(f) NO ACTIONS WITHOUT ADDITIONAL AUTHORITY.— 
No Federal agency may take any action to implement, es-
tablish, facilitate, or otherwise act upon any proposal sub-
mitted under this section, other than those actions specifi-
cally authorized by this section, without explicit statutory 
authority enacted after the date of enactment of this Act. 
(g) DEFINITIONS.—In this section: 
(1) INTERCITY
PASSENGER
RAIL.—The term 
‘‘intercity passenger rail’’ means intercity rail pas-
senger transportation as defined in section 24102 of 
title 49, United States Code. 
(2) STATE.—The term ‘‘State’’ means any of the 
50 States or the District of Columbia. 
SEC. 35312. AMTRAK INSPECTOR GENERAL. 
(a) AUTHORITY.— 
(1) IN GENERAL.—The Inspector General of Am-
trak shall have the authority available to other In-
spectors General, as necessary in carrying out the du-
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† HR 22 EAS 
ties specified in the Inspector General Act of 1978 (5 
U.S.C. App.), to investigate any alleged violation of 
sections 286, 287, 371, 641, 1001, 1002 and 1516 of 
title 18, United States Code. 
(2) AGENCY.—For purposes of sections 286, 287, 
371, 641, 1001, 1002, and 1516 of title 18, United 
States Code, Amtrak and the Amtrak Office of Inspec-
tor General, shall be considered a corporation in 
which the United States has a proprietary interest as 
set forth in section 6 of that title. 
(b) ASSESSMENT.—The Inspector General of Amtrak 
shall— 
(1) not later than 60 days after the date of en-
actment of this Act, initiate an assessment to deter-
mine whether current expenditures or procurements 
involving Amtrak’s fulfillment of the Americans with 
Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) uti-
lize competitive, market-driven provisions that are 
applicable throughout the entire term of such related 
expenditures or procurements; and 
(2) not later than 6 months after the date of en-
actment of this Act, transmit to the Committee on 
Commerce, Science, and Transportation of the Senate 
and the Committee on Transportation and Infrastruc-
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† HR 22 EAS 
ture of the House of Representatives the assessment 
under paragraph (1). 
(c) LIMITATION.—The authority provided by sub-
sections (a) and (b) shall be effective only with respect to 
a fiscal year for which Amtrak receives a Federal subsidy. 
SEC. 35313. MISCELLANEOUS PROVISIONS. 
(a) TITLE 49 AMENDMENTS.— 
(1) CONTINGENT INTEREST RECOVERIES.—Sec-
tion 22106(b) is amended by striking ‘‘interest there-
of’’ and inserting ‘‘interest thereon’’. 
(2) AUTHORITY.—Section 22702(b)(4) is amend-
ed by striking ‘‘5 years for reapproval by the Sec-
retary’’ and inserting ‘‘4 years for acceptance by the 
Secretary’’. 
(3) CONTENTS OF STATE RAIL PLANS.—Section 
22705(a) is amended by striking paragraph (12). 
(4) MISSION.—Section 24101(b) is amended by 
striking ‘‘of subsection (d)’’ and inserting ‘‘set forth 
in subsection (c)’’. 
(5) TABLE
OF
CONTENTS
AMENDMENT.—The 
table of contents for chapter 243 is amended by strik-
ing the item relating to section 24316 and inserting 
the following: 
‘‘24316. Plans to address the needs of families of passengers involved in rail pas-
senger accidents.’’.
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† HR 22 EAS 
(6) UPDATE.—Section 24305(f)(3) is amended 
by striking ‘‘$1,000,000’’ and inserting ‘‘$5,000,000’’. 
(7) AMTRAK.—Chapter 247 is amended— 
(A) in section 24702(a), by striking ‘‘not 
included in the national rail passenger transpor-
tation system’’; 
(B) in section 24706— 
(i) in subsection (a)— 
(I) in paragraph (1), by striking 
‘‘a discontinuance under section 24704 
or or’’; and 
(II) in paragraph (2), by striking 
‘‘section 24704 or’’; and 
(ii) in subsection (b), by striking ‘‘sec-
tion 24704 or’’; and 
(C) in section 24709, by striking ‘‘The Sec-
retary of the Treasury and the Attorney Gen-
eral,’’ and inserting ‘‘The Secretary of Homeland 
Security,’’. 
(b) PASSENGER RAIL INVESTMENT AND IMPROVEMENT 
ACT AMENDMENTS.—Section 305(a) of the Passenger Rail 
Investment and Improvement Act of 2008 (49 U.S.C. 24101 
note) is amended by inserting ‘‘nonprofit organizations rep-
resenting employees who perform overhaul and mainte-
718 
† HR 22 EAS 
nance of passenger railroad equipment,’’ after ‘‘equipment 
manufacturers,’’. 
Subtitle D—Rail Safety 
PART I—SAFETY IMPROVEMENT 
SEC. 35401. HIGHWAY-RAIL GRADE CROSSING SAFETY. 
(a) MODEL STATE HIGHWAY-RAIL GRADE CROSSING 
ACTION PLAN.— 
(1) IN GENERAL.—Not later than 1 year after 
the date of enactment of this Act, the Secretary shall 
develop a model of a State-specific highway-rail grade 
crossing action plan and distribute the model plan to 
each State. 
(2) CONTENTS.—The plan developed under para-
graph (1) shall include— 
(A) methodologies, tools, and data sources 
for identifying and evaluating highway-rail 
grade crossing safety risks, including the public 
safety risks posed by blocked highway-rail grade 
crossings due to idling trains; 
(B) best practices to reduce the risk of high-
way-rail grade crossing accidents or incidents 
and to alleviate the blockage of highway-rail 
grade crossings due to idling trains, including 
strategies for—
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† HR 22 EAS 
(i) education, including model stake-
holder engagement plans or tools; 
(ii) engineering, including the benefits 
and costs of different designs and tech-
nologies used to mitigate highway-rail 
grade crossing safety risks; and 
(iii) 
enforcement, 
including 
the 
strengths and weaknesses associated with 
different enforcement methods; 
(C) for each State, a customized list and 
data set of the highway-rail grade crossing acci-
dents or incidents in that State over the past 3 
years, including the location, number of deaths, 
and number of injuries for each accident or inci-
dent; and 
(D) contact information of a Department of 
Transportation safety official available to assist 
the State in adapting the model plan to satisfy 
the requirements under subsection (b). 
(b) STATE HIGHWAY-RAIL GRADE CROSSING ACTION 
PLANS.— 
(1) REQUIREMENTS.—Not later than 18 months 
after the Secretary develops and distributes the model 
plan under subsection (a), the Secretary shall promul-
gate a rule that requires—
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† HR 22 EAS 
(A) each State, except the 10 States identi-
fied under section 202 of the Rail Safety Im-
provement Act of 2008 (49 U.S.C. 22501 note), 
to develop and implement a State highway-rail 
grade crossing action plan; and 
(B) each State that was identified under 
section 202 of the Rail Safety Improvement Act 
of 2008 (49 U.S.C. 22501 note), to update its 
State action plan under that section and submit 
to the Secretary the updated State action plan 
and a report describing what the State did to 
implement its previous State action plan under 
that section and how it will continue to reduce 
highway-rail grade crossing safety risks. 
(2) CONTENTS.—Each State plan required under 
this subsection shall— 
(A) identify highway-rail grade crossings 
that have experienced recent highway-rail grade 
crossing accidents or incidents, or are at high- 
risk for accidents or incidents; 
(B) identify specific strategies for improv-
ing safety at highway-rail grade crossings, in-
cluding highway-rail grade crossing closures or 
grade separations; and
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† HR 22 EAS 
(C) designate a State official responsible for 
managing implementation of the State plan 
under subparagraph (A) or (B) of paragraph 
(1), as applicable. 
(3) ASSISTANCE.—The Secretary shall provide 
assistance to each State in developing and carrying 
out, as appropriate, the State plan under this sub-
section. 
(4) PUBLIC
AVAILABILITY.—Each State shall 
submit its final State plan under this subsection to 
the Secretary for publication. The Secretary shall 
make each approved State plan publicly available on 
an official Internet Web site. 
(5) CONDITIONS.—The Secretary may condition 
the awarding of a grant to a State under chapter 244 
of title 49, United States Code, on that State submit-
ting an acceptable State plan under this subsection. 
(6) REVIEW OF ACTION PLANS.—Not later than 
60 days after the date of receipt of a State plan under 
this subsection, the Secretary shall— 
(A) if the State plan is approved, notify the 
State and publish the State plan under para-
graph (4); and 
(B) if the State plan is incomplete or defi-
cient, notify the State of the specific areas in
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† HR 22 EAS 
which the plan is deficient and allow the State 
to complete the plan or correct the deficiencies 
and resubmit the plan under paragraph (1). 
(7) DEADLINE.—Not later than 60 days after the 
date of a notice under paragraph (6)(B), a State shall 
complete the plan or correct the deficiencies and re-
submit the plan. 
(8) 
FAILURE
TO
COMPLETE
OR
CORRECT 
PLAN.—If a State fails to meet the deadline under 
paragraph (7), the Secretary shall post on the Web 
site under paragraph (4) a notice that the State has 
an incomplete or deficient highway-rail grade cross-
ing action plan. 
(c) RAILWAY-HIGHWAY CROSSINGS FUNDS.—The Sec-
retary may use funds made available to carry out section 
130 of title 23, United States Code, to provide States with 
funds to develop a State highway-rail grade crossing action 
plan under subsection (b)(1)(A) of this section or to update 
a State action plan under subsection (b)(1)(B) of this sec-
tion. 
(d) DEFINITIONS.—In this section: 
(1) HIGHWAY-RAIL GRADE CROSSING.—The term 
‘‘highway-rail grade crossing’’ means a location with-
in a State, other than a location where 1 or more
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† HR 22 EAS 
railroad tracks cross 1 or more railroad tracks at 
grade, where— 
(A) a public highway, road, or street, or a 
private roadway, including associated sidewalks 
and pathways, crosses 1 or more railroad tracks 
either at grade or grade-separated; or 
(B) a pathway explicitly authorized by a 
public authority or a railroad carrier that is 
dedicated for the use of non-vehicular traffic, in-
cluding pedestrians, bicyclists, and others, that is 
not associated with a public highway, road, or 
street, or a private roadway, crosses 1 or more 
railroad tracks either at grade or grade-sepa-
rated. 
(2) STATE.—The term ‘‘State’’ means a State of 
the United States or the District of Columbia. 
SEC. 35402. SPEED LIMIT ACTION PLANS. 
(a) IN GENERAL.—Not later than 90 days after the 
date of enactment of this Act, each railroad carrier pro-
viding intercity rail passenger transportation or commuter 
rail passenger transportation, in consultation with any ap-
plicable host railroad carrier, shall survey its entire system 
and identify each main track location where there is a re-
duction of more than 20 miles per hour from the approach
724 
† HR 22 EAS 
speed to a curve or bridge and the maximum authorized 
operating speed for passenger trains at that curve or bridge. 
(b) ACTION PLANS.—Not later than 120 days after the 
date that the survey under subsection (a) is complete, a rail 
passenger carrier shall submit to the Secretary an action 
plan that— 
(1) identifies each main track location where 
there is a reduction of more than 20 miles per hour 
from the approach speed to a curve or bridge and the 
maximum authorized operating speed for passenger 
trains at that curve or bridge; 
(2) describes appropriate actions, including 
modification to automatic train control systems, if 
applicable, other signal systems, increased crew size, 
improved signage, or other practices, including in-
creased crew communication, to enable warning and 
enforcement of the maximum authorized speed for 
passenger trains at each location identified under 
paragraph (1); 
(3) contains milestones and target dates for im-
plementing each appropriate action described under 
paragraph (2); and 
(4) ensures compliance with the maximum au-
thorized speed at each location identified under para-
graph (1).
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† HR 22 EAS 
(c) APPROVAL.—Not later than 90 days after the date 
an action plan is submitted under subsection (a), the Sec-
retary shall approve, approve with conditions, or dis-
approve the action plan. 
(d) ALTERNATIVE SAFETY MEASURES.—The Secretary 
may exempt from the requirements of this section each seg-
ment of track for which operations are governed by a posi-
tive train control system certified under section 20157 of 
title 49, United States Code, or any other safety technology 
or practice that would achieve an equivalent or greater level 
of safety in reducing derailment risk. 
(e) REPORT.—Not later than 6 months after the date 
of the enactment of this Act, the Secretary shall submit a 
report to the Committee on Commerce, Science, and Trans-
portation of the Senate and the Committee on Transpor-
tation and Infrastructure of the House of Representatives 
that describes— 
(1) the actions the railroad carriers have taken 
in response to Safety Advisory 2013–08, entitled 
‘‘Operational Tests and Inspections for Compliance 
With Maximum Authorized Train Speeds and Other 
Speed Restrictions’’; 
(2) the actions the railroad carriers have taken 
in response to Safety Advisory 2015–03, entitled 
‘‘Operational and Signal Modifications for Compli-
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† HR 22 EAS 
ance with Maximum Authorized Passenger Train 
Speeds and Other Speed Restrictions’’; and 
(3) the actions the Federal Railroad Administra-
tion has taken to evaluate or incorporate the informa-
tion and findings arising from the safety advisories 
referred to in paragraphs (1) and (2) into the devel-
opment of regulatory action and oversight activities. 
(f) SAVINGS CLAUSE.—Nothing in this section shall 
prohibit the Secretary from applying the requirements of 
this section to other segments of track at high risk of over-
speed derailment. 
SEC. 35403. SIGNAGE. 
(a) IN GENERAL.—The Secretary shall promulgate 
such regulations as the Secretary considers necessary to re-
quire each railroad carrier providing intercity rail pas-
senger transportation or commuter rail passenger transpor-
tation, in consultation with any applicable host railroad 
carrier, to install signs to warn train crews before the train 
approaches a location that the Secretary identifies as hav-
ing high risk of overspeed derailment. 
(b) ALTERNATIVE SAFETY MEASURES.—The Secretary 
may exempt from the requirements of this section each seg-
ment of track for which operations are governed by a posi-
tive train control system certified under section 20157 of 
title 49, United States Code, or any other safety technology
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† HR 22 EAS 
or practice that would achieve an equivalent or greater level 
of safety in reducing derailment risk. 
SEC. 35404. ALERTERS. 
(a) IN GENERAL.—The Secretary shall promulgate a 
rule to require a working alerter in the controlling loco-
motive of each passenger train in intercity rail passenger 
transportation (as defined in section 24102 of title 49, 
United States Code) or commuter rail passenger transpor-
tation (as defined in section 24102 of title 49, United States 
Code). 
(b) RULEMAKING.— 
(1) IN GENERAL.—The Secretary may promul-
gate a rule to specify the essential functionalities of 
a working alerter, including the manner in which the 
alerter can be reset. 
(2) ALTERNATE
PRACTICE
OR
TECHNOLOGY.— 
The Secretary may require or allow a technology or 
practice in lieu of a working alerter if the Secretary 
determines that the technology or practice would 
achieve an equivalent or greater level of safety in en-
hancing or ensuring appropriate locomotive control. 
SEC. 35405. SIGNAL PROTECTION. 
(a) IN GENERAL.—The Secretary shall promulgate 
regulations to require, not later than 18 months after the 
date of the enactment of this Act, that on-track safety regu-
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† HR 22 EAS 
lations, whenever practicable and consistent with other safe-
ty requirements and operational considerations, include re-
quiring implementation of redundant signal protection, 
such as shunting or other practices and technologies that 
achieve an equivalent or greater level of safety, for mainte-
nance-of-way work crews who depend on a train dispatcher 
to provide signal protection. 
(b) ALTERNATIVE SAFETY MEASURES.—The Secretary 
may exempt from the requirements of this section each seg-
ment of track for which operations are governed by a posi-
tive train control system certified under section 20157 of 
title 49, United States Code, or any other safety technology 
or practice that would achieve an equivalent or greater level 
of safety in providing additional signal protection. 
SEC. 35406. TECHNOLOGY IMPLEMENTATION PLANS. 
Section 20156(e) is amended— 
(1) in paragraph (4)— 
(A) in subparagraph (A), by striking ‘‘and’’ 
at the end; and 
(B) in subparagraph (B), by striking the 
period at the end and inserting ‘‘; and’’; and 
(2) by adding at the end the following: 
‘‘(C) each railroad carrier required to sub-
mit such a plan, until the implementation of a 
positive train control system by the railroad car-
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† HR 22 EAS 
rier, 
shall 
analyze 
and, 
as 
appropriate, 
prioritize technologies and practices to mitigate 
the risk of overspeed derailments.’’. 
SEC. 35407. COMMUTER RAIL TRACK INSPECTIONS. 
(a) IN GENERAL.—The Secretary shall evaluate track 
inspection regulations to determine if a railroad carrier 
providing commuter rail passenger transportation on high 
density commuter railroad lines should be required to in-
spect the lines in the same manner as currently required 
for other commuter railroad lines. 
(b) RULEMAKING.—Considering safety, including rail-
road carrier employee and contractor safety, and system ca-
pacity, the Secretary may promulgate a rule for high den-
sity commuter railroad lines. If, after the evaluation under 
subsection (a), the Secretary determines that it is necessary 
to promulgate a rule, the Secretary shall specifically con-
sider the following regulatory requirements for high density 
commuter railroad lines: 
(1) At least once every 2 weeks— 
(A) traverse each main line by vehicle; or 
(B) inspect each main line on foot. 
(2) At least once each month, traverse and in-
spect each siding by vehicle or by foot. 
(c) REPORT.—If, after the evaluation under subsection 
(a), the Secretary determines it is not necessary to revise
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the regulations under this section, the Secretary, not later 
than 18 months after the date of enactment of this Act, shall 
transmit a report to the Committee on Commerce, Science, 
and Transportation of the Senate and the Committee on 
Transportation and Infrastructure of the House of Rep-
resentatives explaining the reasons for not revising the regu-
lations. 
(d) CONSTRUCTION.—Nothing in this section may be 
construed to limit the authority of the Secretary to promul-
gate regulations or issue orders under any other law. 
SEC. 35408. EMERGENCY RESPONSE. 
(a) IN GENERAL.—The Secretary, in consultation with 
railroad carriers, shall conduct a study to determine wheth-
er limitations or weaknesses exist in the emergency response 
information carried by train crews transporting hazardous 
materials. 
(b) CONTENTS.—In conducting the study under sub-
section (a), the Secretary shall evaluate the differences be-
tween the emergency response information carried by train 
crews transporting hazardous materials and the emergency 
response guidance provided in the Emergency Response 
Guidebook issued by the Department of Transportation. 
(c) REPORT.—Not later than 1 year after the date of 
enactment of this Act, the Secretary shall transmit to the 
Committee on Commerce, Science, and Transportation of
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the Senate and the Committee on Transportation and In-
frastructure of the House of Representatives a report of the 
findings of the study under subsection (a) and any rec-
ommendations for legislative action. 
SEC. 35409. PRIVATE HIGHWAY-RAIL GRADE CROSSINGS. 
(a) IN GENERAL.—The Secretary, in consultation with 
railroad carriers, shall conduct a study— 
(1) to determine whether limitations or weak-
nesses exist regarding the availability and usefulness 
for safety purposes of data on private highway-rail 
grade crossings; and 
(2) to evaluate existing engineering practices on 
private highway-rail grade crossings. 
(b) CONTENTS.—In conducting the study under sub-
section (a), the Secretary shall make recommendations as 
necessary to improve— 
(1) the utility of the data on private highway- 
rail grade crossings; and 
(2) the implementation of private highway-rail 
crossing safety measures, including signage and 
warning systems. 
(c) REPORT.—Not later than 1 year after the date of 
enactment of this Act, the Secretary shall transmit to the 
Committee on Commerce, Science, and Transportation of 
the Senate and the Committee on Transportation and In-
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frastructure of the House of Representatives a report of the 
findings of the study and any recommendations for further 
action. 
SEC. 35410. REPAIR AND REPLACEMENT OF DAMAGED 
TRACK INSPECTION EQUIPMENT. 
(a) IN GENERAL.—Subchapter I of chapter 201 is 
amended by inserting after section 20120 the following: 
‘‘§ 20121. Repair and replacement of damaged track 
inspection equipment 
‘‘The Secretary of Transportation may receive and ex-
pend cash, or receive and utilize spare parts and similar 
items, from non-United States Government sources to re-
pair 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 di-
rectly to the Railroad Safety and Operations account of the 
Federal Railroad Administration, and shall remain avail-
able until expended for the repair, operation, and mainte-
nance of automated track inspection cars and equipment 
in connection with the automated track inspection pro-
gram.’’. 
(b) CONFORMING AMENDMENT.—The table of contents 
for subchapter I of chapter 201 is amended by adding after 
section 21020 the following: 
‘‘20121. Repair and replacement of damaged track inspection equipment.’’.
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SEC. 35411. RAIL POLICE OFFICERS. 
(a) IN GENERAL.—Section 28101 is amended— 
(1) by striking ‘‘employed by’’ each place it ap-
pears and inserting ‘‘directly employed by or con-
tracted by’’; 
(2) in subsection (b), by inserting ‘‘or agent, as 
applicable,’’ after ‘‘an employee’’; and 
(3) by adding at the end the following: 
‘‘(c) TRANSFERS.— 
‘‘(1) IN GENERAL.—If 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 transfers primary employ-
ment or residence from the certifying or commis-
sioning 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 commis-
sioned as a police office under the laws of the State 
of new primary employment or residence. 
‘‘(2) INTERIM PERIOD.—During the period be-
ginning on the date of transfer and ending 1 year 
after the date of transfer, a railroad police officer di-
rectly 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
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resides, to the same extent as provided in subsection 
(a). 
‘‘(d) TRAINING.— 
‘‘(1) IN GENERAL.—A State shall 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 program at a State-rec-
ognized 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 affect-
ing any unique State training requirements related to 
criminal law, criminal procedure, motor vehicle code, 
or State-mandated comparative or annual in-service 
training academy or Federal law enforcement train-
ing 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 Regula-
tions (relating to railroad police officers), to permit a rail-
road to designate an individual, who is commissioned in 
the individual’s State of legal residence or State of primary
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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) is 
amended— 
(A) by striking ‘‘may employ’’ and insert-
ing ‘‘may directly employ or contract with’’; 
(B) by striking ‘‘employed by’’ and insert-
ing ‘‘directly employed by or contracted by’’; and 
(C) by striking ‘‘employed without’’ and in-
serting ‘‘directly employed or contracted with-
out’’. 
(2) SECURE GUN STORAGE OR SAFETY DEVICE; 
EXCEPTIONS.—Section 922(z)(2)(B) of title 18 is 
amended by striking ‘‘employed by’’ and inserting 
‘‘directly employed by or contracted by’’. 
SEC. 35412. OPERATION DEEP DIVE; REPORT. 
(a) PROGRESS REPORTS.—Not later than 60 days 
after the date of the enactment of this Act, and quarterly 
thereafter until the completion date, the Administrator of 
the Federal Railroad Administration shall submit a report 
to the Committee on Commerce, Science, and Transpor-
tation of the Senate and the Committee on Transportation
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‘‘(i) contribute to the efficient move-
ment of freight on the national highway 
freight network; and 
‘‘(ii) be consistent with a freight in-
vestment plan included in a freight plan of 
the State that is in effect. 
‘‘(B) OTHER PROJECTS.—A State may obli-
gate not more than 10 percent of the total appor-
tionment of the State under section 104(b)(5) for 
projects— 
‘‘(i) within the boundaries of public 
and private freight rail, water facilities (in-
cluding ports), and intermodal facilities; 
and 
‘‘(ii) that provide surface transpor-
tation infrastructure necessary to facilitate 
direct intermodal interchange, transfer, and 
access into and out of the facility. 
‘‘(C) ELIGIBLE PROJECTS.—Funds appor-
tioned to the State under section 104(b)(5) for 
the national highway freight program may be 
obligated to carry out 1 or more of the following: 
‘‘(i) Development phase activities, in-
cluding planning, feasibility analysis, rev-
enue forecasting, environmental review, pre-
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liminary engineering and design work, and 
other preconstruction activities. 
‘‘(ii) Construction, reconstruction, re-
habilitation, acquisition of real property 
(including land relating to the project and 
improvements to land), construction contin-
gencies, acquisition of equipment, and oper-
ational improvements directly relating to 
improving system performance. 
‘‘(iii) Intelligent transportation sys-
tems and other technology to improve the 
flow of freight, including intelligent freight 
transportation systems. 
‘‘(iv) Efforts to reduce the environ-
mental impacts of freight movement. 
‘‘(v) Environmental and community 
mitigation of freight movement. 
‘‘(vi) Railway-highway grade separa-
tion. 
‘‘(vii) 
Geometric 
improvements 
to 
interchanges and ramps. 
‘‘(viii) Truck-only lanes. 
‘‘(ix) Climbing and runaway truck 
lanes. 
‘‘(x) Adding or widening of shoulders.