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funding, logistics, and administrative support for the 
Committee. 
(d) APPLICATION OF FACA.—The Federal Advisory 
Committee Act (5 U.S.C. App.) shall apply to the Com-
mittee established under this section, with the exception 
of section 14 of such Act. 
SEC. 6009. SENSE OF CONGRESS. 
It is the sense of the Congress that walking, bicycling, 
and public transportation are complementary modes of 
transportation, and that pedestrian and bicycle pathways 
and related improvements within the right-of-way of public 
transportation are an appropriate use of the right-of-way 
for the benefit of the public, do not exceed the reasonable 
use of the right-of-way, and every effort should be made 
to support the development and safe operation of such pe-
destrian and bicycle pathways. 
TITLE 
VII—TRANSPORTATION 
INFRASTRUCTURE 
FINANCE 
AND INNOVATION ACT 
SEC. 7001. TRANSPORTATION INFRASTRUCTURE FINANCE 
AND INNOVATION ACT. 
(a) CREDITWORTHINESS.—Section 602(a)(2) of title 
23, United States Code, is amended— 
(1) in subparagraph (A)(iv)— 
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(A) by striking ‘‘a rating’’ and inserting 
‘‘an investment grade rating’’; and 
(B) by striking ‘‘$75,000,000’’ and insert-
ing ‘‘$150,000,000’’; and 
(2) in subparagraph (B)— 
(A) by striking ‘‘the senior debt’’ and in-
serting ‘‘senior debt’’; and 
(B) by striking ‘‘credit instrument is for 
an amount less than $75,000,000’’ and insert-
ing ‘‘total amount of other senior debt and the 
Federal 
credit 
instrument 
is 
less 
than 
$150,000,000’’. 
(b) BUY AMERICA APPLICATION.—Section 602(c)(1) 
of title 23, United States Code, is amended by striking 
‘‘of title 49’’ inserting ‘‘and section 22905(a) of title 49, 
subject to the requirements of section 5320(o) of title 
49,’’. 
(c) NON-FEDERAL SHARE.—Section 603(b) of title 
23, United States Code, is amended by striking paragraph 
(8) and inserting the following: 
‘‘(8) NON-FEDERAL
SHARE.—Notwithstanding 
paragraph (9) and section 117(j)(2), the proceeds of 
a secured loan under the TIFIA program shall be 
considered to be part of the non-Federal share of 
project costs required under this title or chapter 53 
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of title 49, if the loan is repayable from non-Federal 
funds.’’. 
(d) EXEMPTION OF FUNDS FROM TIFIA FEDERAL 
SHARE REQUIREMENT.—Section 603(b)(9) of title 23, 
United States Code, is amended by adding at the end the 
following: 
‘‘(C) TERRITORIES.—Funds provided for a 
territory under section 165(c) shall not be con-
sidered Federal assistance for purposes of sub-
paragraph (A).’’. 
(e) STREAMLINED APPLICATION PROCESS.—Section 
603(f) of title 23, United States Code, is amended by add-
ing at the end the following: 
‘‘(3) ADDITIONAL TERMS FOR EXPEDITED DE-
CISIONS.— 
‘‘(A) IN
GENERAL.—Not later than 120 
days after the date of enactment of this para-
graph, the Secretary shall implement an expe-
dited decision timeline for public agency bor-
rowers seeking secured loans that meet— 
‘‘(i) the terms under paragraph (2); 
and 
‘‘(ii) the additional criteria described 
in subparagraph (B). 
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‘‘(B) ADDITIONAL
CRITERIA.—The addi-
tional criteria referred to in subparagraph 
(A)(ii) are the following: 
‘‘(i) The secured loan is made on 
terms and conditions that substantially 
conform to the conventional terms and 
conditions established by the National Sur-
face Transportation Innovative Finance 
Bureau. 
‘‘(ii) The secured loan is rated in the 
A category or higher. 
‘‘(iii) The TIFIA program share of el-
igible project costs is 33 percent or less. 
‘‘(iv) The applicant demonstrates a 
reasonable expectation that the contracting 
process for the project can commence by 
not later than 90 days after the date on 
which a Federal credit instrument is obli-
gated for the project under the TIFIA pro-
gram. 
‘‘(v) The project has received a cat-
egorical exclusion, a finding of no signifi-
cant impact, or a record of decision under 
the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.). 
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‘‘(C) WRITTEN
NOTICE.—The Secretary 
shall provide to an applicant seeking a secured 
loan under the expedited decision process under 
this paragraph a written notice informing the 
applicant whether the Secretary has approved 
or disapproved the application by not later than 
180 days after the date on which the Secretary 
submits to the applicant a letter indicating that 
the National Surface Transportation Innovative 
Finance Bureau has commenced the credit-
worthiness review of the project.’’. 
(f) ASSISTANCE
TO
SMALL
PROJECTS.—Section 
605(f)(1) of title 23, United States Code, is amended by 
striking ‘‘$2,000,000’’ and inserting ‘‘$3,000,000’’. 
(g) ADMINISTRATIVE FUNDS.—Section 608(a)(5) of 
title 23, United States Code, is amended by striking 
‘‘$6,875,000’’ and all that follows through the period and 
inserting ‘‘2.5 percent for the administration of the TIFIA 
program.’’. 
(h) 
APPLICATION
PROCESS
REPORT.—Section 
609(b)(2)(A) of title 23, United States Code, is amend-
ed— 
(1) in clause (iv) by striking ‘‘and’’; 
(2) in clause (v) by striking the period at the 
end and inserting ‘‘; and’’; and 
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(3) by adding at the end the following: 
‘‘(vi) whether the project is located in 
a 
metropolitan 
statistical 
area, 
micropolitan statistical area, or neither (as 
such areas are defined by the Office of 
Management and Budget).’’. 
(i) STATUS REPORTS.—Section 609 of title 23, 
United States Code, is amended by adding at the end the 
following: 
‘‘(c) STATUS REPORTS.— 
‘‘(1) IN GENERAL.—The Secretary shall publish 
on the website for the TIFIA program— 
‘‘(A) on a monthly basis, a current status 
report on all submitted letters of interest and 
applications received for assistance under the 
TIFIA program; and 
‘‘(B) on a quarterly basis, a current status 
report on all approved applications for assist-
ance under the TIFIA program. 
‘‘(2) INCLUSIONS.—Each monthly and quar-
terly status report under paragraph (1) shall in-
clude, at a minimum, with respect to each project in-
cluded in the status report— 
‘‘(A) the name of the party submitting the 
letter of interest or application; 
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‘‘(B) the name of the project; 
‘‘(C) the date on which the letter of inter-
est or application was received; 
‘‘(D) the estimated project eligible costs; 
‘‘(E) the type of credit assistance sought; 
and 
‘‘(F) the anticipated fiscal year and quar-
ter for closing of the credit assistance.’’. 
SEC. 7002. TRANSPORTATION INFRASTRUCTURE FINANCE 
AND INNOVATION ACT OF 1998 TEMPORARY 
LOAN RELIEF DUE TO COVID–19. 
(a) DEFINITIONS.—In this section: 
(1) ELIGIBLE BORROWER.—The term ‘‘eligible 
borrower’’ means a recipient of an eligible loan ad-
ministered by the National Surface Transportation 
and Innovative Finance Bureau. 
(2) ELIGIBLE LOAN.—The term ‘‘eligible loan’’ 
means a loan provided on or before the date of en-
actment of this Act under a program described in 
subparagraph (A) or (B) of 116(d)(1) of title 49, 
United States Code. 
(3) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Transportation. 
(b) INTEREST RATE RESET.— 
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(1) IN
GENERAL.—If, at any time after the 
date of execution of an eligible loan, the eligible bor-
rower of such eligible loan is impacted by COVID– 
19 and unable to generate sufficient revenues from 
the dedicated revenue source to pay the scheduled 
repayments of principal and interest on such eligible 
loan— 
(A) the eligible borrower may submit to 
the Secretary a request to reset the interest 
rate of the eligible loan in such manner and 
containing such information as the Secretary 
may require; and 
(B) the Secretary— 
(i) in accordance with such criteria as 
the Secretary may establish under sub-
section (d), shall determine whether the el-
igible borrower is impacted by COVID–19; 
and 
(ii) if a positive determination is made 
under clause (i), may reset the interest 
rate of such eligible loan (including 
through amendment of such eligible loan) 
to a lower interest rate equal to not less 
than the yield on United States Treasury 
securities of a similar maturity to the ma-
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turity of the eligible loan on the date of the 
reset, in accordance with this section. 
(2) APPLICABILITY.—A lower interest rate pro-
vided for an eligible loan pursuant to paragraph 
(1)(B)(ii) shall apply until the final maturity date of 
the eligible loan. 
(c) OTHER LOAN MODIFICATIONS.—With respect to 
an eligible borrower impacted by COVID–19, the Sec-
retary, on determining that the eligible borrower has been 
impacted by COVID–19, may— 
(1) allow, for a maximum aggregate period of 
not more than 5 years, an obligor to add unpaid 
principal and interest to the outstanding balance of 
the loan, subject to the requirements under section 
502(j)(3)(B) of the Railroad Revitalization and Reg-
ulatory 
Reform 
Act 
of 
1976 
(45 
U.S.C. 
822(j)(3)(B)) or section 603(c)(3)(B) of title 23, 
United States Code, as applicable; and 
(2) extend any applicable disbursement period 
established under an agreement for credit assistance 
made pursuant to section 502 of the Railroad Revi-
talization and Regulatory Reform Act of 1976 (45 
U.S.C. 822) or section 603 of title 23, United States 
Code, as applicable. 
(d) CRITERIA.— 
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(1) IN GENERAL.—To be eligible to receive a 
lower interest rate or other loan modification under 
this section, an eligible borrower shall achieve com-
pliance with such criteria as the Secretary may es-
tablish, in accordance with paragraph (2). 
(2) FACTORS FOR CONSIDERATION.—In estab-
lishing criteria for purposes of paragraph (1), the 
Secretary may take into consideration such factors 
as the Secretary determines to be relevant, including 
achieving the objectives of— 
(A) maintaining the operation of a project 
carried out by an eligible borrower in a disaster, 
emergency, or other extenuating circumstance; 
(B) mitigating the financial impact on an 
eligible borrower of a disaster, emergency, or 
other extenuating circumstance; and 
(C) protecting the interests of the Federal 
Government in critical infrastructure. 
(e) EFFECTIVE PERIOD.— 
(1) IN GENERAL.—The authority of the Sec-
retary to reset interest rates pursuant to this section 
shall terminate on September 30, 2022. 
(2) EFFECT OF SUBSECTION.—Nothing in this 
subsection affects any eligible loan that is modified 
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pursuant to this section on or before September 30, 
2022. 
SEC. 7003. FEDERAL REQUIREMENTS FOR TIFIA ELIGI-
BILITY AND PROJECT SELECTION. 
(a) IN GENERAL.—Section 602(c) of title 23, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘(3) PAYMENT
AND
PERFORMANCE
SECU-
RITY.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
ensure that the design and construction of a 
project carried out with assistance under the 
TIFIA program shall have appropriate payment 
and performance security, regardless of whether 
the obligor is a State, local government, agency 
or instrumentality of a State or local govern-
ment, public authority, or private party. 
‘‘(B) WRITTEN DETERMINATION.—If pay-
ment and performance security is required to be 
furnished by applicable State or local statute or 
regulation, the Secretary may accept such pay-
ment and performance security requirements 
applicable to the obligor if the Federal interest 
with respect to Federal funds and other project 
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risk related to design and construction is ade-
quately protected. 
‘‘(C) NO DETERMINATION OR APPLICABLE 
REQUIREMENTS.—If there are no payment and 
performance security requirements applicable to 
the obligor, the security under section 3131(b) 
of title 40 or an equivalent State or local re-
quirement, as determined by the Secretary, 
shall be required.’’. 
(b) APPLICABILITY.—The amendments made by this 
section shall apply with respect to any agreement for cred-
it assistance entered into on or after the date of enactment 
of this Act. 
DIVISION C—HAZARDOUS 
MATERIALS TRANSPORTATION 
SEC. 8001. SHORT TITLE. 
This division may be cited as the ‘‘Improving Haz-
ardous Materials Safety Act of 2021’’. 
TITLE I—AUTHORIZATIONS 
SEC. 8101. AUTHORIZATION OF APPROPRIATIONS. 
Section 5128 of title 49, United States Code, is 
amended— 
(1) in subsection (a) by striking paragraphs (1) 
through (5) and inserting the following: 
‘‘(1) $75,000,000 for fiscal year 2022; 
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‘‘(2) $70,000,000 for fiscal year 2023; 
‘‘(3) $71,000,000 for fiscal year 2024; 
‘‘(4) $73,000,000 for fiscal year 2025; and 
‘‘(5) $74,000,000 for fiscal year 2026.’’; 
(2) in subsection (b)— 
(A) by striking ‘‘fiscal years 2016 through 
2020’’ and inserting ‘‘fiscal years 2022 through 
2026’’; 
(B) 
in 
paragraph 
(1) 
by 
striking 
‘‘$21,988,000’’ and inserting ‘‘$24,025,000’’; 
and 
(C) 
in 
paragraph 
(4) 
by 
striking 
‘‘$1,000,000’’ and inserting ‘‘$2,000,000’’; 
(3) in subsection (c) by striking ‘‘$4,000,000 
for each of fiscal years 2016 through 2020’’ and in-
serting ‘‘$5,000,000 for each of fiscal years 2022 
through 2026’’; 
(4) in subsection (d) by striking ‘‘$1,000,000 
for each of fiscal years 2016 through 2020’’ and in-
serting ‘‘$4,000,000 for each of fiscal years 2022 
through 2026’’; 
(5) by redesignating subsection (e) as sub-
section (f); and 
(6) by inserting after subsection (d) the fol-
lowing: 
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‘‘(e) ASSISTANCE WITH LOCAL EMERGENCY RE-
SPONDER TRAINING GRANTS.—From the Hazardous Ma-
terials Emergency Preparedness Fund established under 
section 5116(h), the Secretary may expend $1,800,000 for 
each of fiscal years 2022 through 2026 to carry out the 
grant program under section 5107(j).’’. 
TITLE 
II—HAZARDOUS 
MATE-
RIALS SAFETY AND IMPROVE-
MENT 
SEC. 8201. REPEAL OF CERTAIN REQUIREMENTS RELATED 
TO LITHIUM CELLS AND BATTERIES. 
(a) REPEAL.—Section 828 of the FAA Modernization 
and Reform Act of 2012 (49 U.S.C. 44701 note), and the 
item relating to such section in the table of contents in 
section 1(b) of such Act, are repealed. 
(b) CONFORMING AMENDMENTS.—Section 333 of the 
FAA Reauthorization Act of 2018 (49 U.S.C. 44701 note) 
is amended— 
(1) in subsection (a)— 
(A) in paragraph (1)— 
(i) by striking ‘‘(A) IN GENERAL.—’’ 
and all that follows through ‘‘the Sec-
retary’’ and inserting ‘‘The Secretary’’; 
and 
(ii) by striking subparagraph (B); and 
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(B) in paragraph (2) by striking ‘‘Pursu-
ant to section 828 of the FAA Modernization 
and Reform Act of 2012 (49 U.S.C. 44701 
note), the Secretary’’ and inserting ‘‘The Sec-
retary’’; 
(2) by striking paragraph (4) of subsection (b); 
and 
(3) by striking paragraph (1) of subsection (h) 
and inserting the following: 
‘‘(1) ICAO TECHNICAL
INSTRUCTIONS.—The 
term ‘ICAO Technical Instructions’ means the Inter-
national Civil Aviation Organization Technical In-
structions for the Safe Transport of Dangerous 
Goods by Air.’’. 
(c) LITHIUM BATTERY SAFETY EVALUATION AND 
REPORT.— 
(1) IN
GENERAL.—Not later than 120 days 
after the date of enactment of this Act, the Adminis-
trator of the Pipeline and Hazardous Materials Safe-
ty Administration, in coordination with the Adminis-
trator of the Federal Aviation Administration, shall 
evaluate outstanding recommendations of the Na-
tional Transportation Safety Board regarding trans-
portation of lithium batteries by air. 
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(2) REPORT.—Not later than 180 days after 
the date of enactment of this Act, the Secretary of 
Transportation shall submit to the Committee on 
Transportation and Infrastructure of the House of 
Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate, a report 
on the evaluation described in paragraph (1). 
SEC. 8202. TRANSPORTATION OF LIQUEFIED NATURAL GAS 
BY RAIL TANK CAR. 
(a) STAY OF AUTHORIZATION FOR TRANSPORTATION 
OF LIQUEFIED NATURAL GAS BY TANK CAR.— 
(1) IN GENERAL.—Any regulation authorizing 
the transportation of liquefied natural gas by rail 
tank car issued before the date of enactment of this 
Act shall have no force or effect until— 
(A) the Secretary of Transportation con-
ducts the evaluation, testing, and analysis re-
quired in subsections (b), (c), and (d); 
(B) the Secretary issues the report re-
quired by subsection (e); 
(C) the Comptroller General of the United 
States completes the evaluation and report re-
quired under subsection (g); and 
(D) the Secretary issues a final rule updat-
ing the regulation described in this paragraph 
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that incorporates the additional data, research, 
and analysis required under this section. 
(2) PERMIT
OR
APPROVAL.—The Secretary 
shall rescind any special permit or approval for the 
transportation of liquefied natural gas by rail tank 
car issued before the date of enactment of this Act. 
(b) EVALUATION.—Not later than 120 days after the 
date of enactment of this Act, the Administrator of the 
Pipeline and Hazardous Materials Safety Administration, 
in coordination with the Administrator of the Federal 
Railroad Administration, shall initiate an evaluation of the 
safety, security, and environmental risks of transporting 
liquefied natural gas by rail. 
(c) TESTING.—In conducting the evaluation under 
subsection (a), the Administrator of the Pipeline and Haz-
ardous Materials Safety Administration shall— 
(1) perform physical testing of rail tank cars, 
including, at a minimum, the DOT–113C120–W9 
specification, to evaluate the performance of such 
rail tank cars in the event of an accident or derail-
ment, including evaluation of the extent to which de-
sign and construction features such as steel thick-
ness and valve protections prevent or mitigate the 
release of liquefied natural gas; 
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(2) analyze multiple release scenarios, including 
derailments, front-end collisions, rear-end collisions, 
side-impact 
collisions, 
grade-crossing 
collisions, 
punctures, and impact of an incendiary device, at a 
minimum of three speeds of travel with a sufficient 
range of speeds to evaluate the safety, security, and 
environmental risks posed under real-world oper-
ating conditions; and 
(3) examine the effects of exposure to climate 
conditions across rail networks, including tempera-
ture, humidity, and any other factors that the Ad-
ministrator of the Federal Railroad Administration 
determines could influence performance of rail tank 
cars and components of such rail tank cars. 
(d) OTHER FACTORS TO CONSIDER.—In conducting 
the evaluation under subsection (b), the Administrator of 
the Pipeline and Hazardous Materials Safety shall evalu-
ate the impact of a discharge of liquefied natural gas from 
a rail tank car on public safety and the environment, and 
consider— 
(1) the safety benefits of route restrictions, 
speed restrictions, enhanced brake requirements, 
personnel requirements, rail tank car technological 
requirements, and other operating controls; 
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(2) the inclusion of consist restrictions, includ-
ing limitations on the arrangement and quantity of 
rail tank cars carrying liquefied natural gas in any 
given consist; 
(3) the identification of potential impact areas, 
and the number of homes and structures potentially 
endangered by a discharge in rural, suburban, and 
urban environments; 
(4) the impact of discharge on the environment, 
including air quality impacts; 
(5) the benefits of advanced notification to the 
Department of Transportation, State Emergency 
Response Commissions, and Tribal Emergency Re-
sponse Commissions of routes for moving liquefied 
natural gas by rail tank car; 
(6) how first responders respond to an incident, 
including the extent to which specialized equipment 
or training would be required and the cost to com-
munities for acquiring any necessary equipment or 
training; 
(7) whether thermal radiation could occur from 
a discharge; 
(8) an evaluation of the rail tank car authorized 
by the Secretary of Transportation for liquefied nat-
ural gas or similar cryogenic liquids, and a deter-
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mination of whether specific safety enhancements or 
new standards are necessary to ensure the safety of 
rail transport of liquefied natural gas; and 
(9) the risks posed by the transportation of liq-
uefied natural gas by International Organization for 
Standardization containers authorized by the Fed-
eral Railroad Administration. 
(e) REPORT.—Not later than 2 years after the date 
of enactment of this Act, the Secretary of Transportation 
shall submit to the Committee on Transportation and In-
frastructure of the House of Representatives and the Com-
mittee on Commerce, Science, and Transportation of the 
Senate, and make available to the public— 
(1) a report based on the evaluation and testing 
conducted under subsections (b) and (c), which shall 
include the results of the evaluation and testing and 
recommendations for mitigating or eliminating the 
safety, security, environmental, and other risks of an 
accident or incident involving the transportation of 
liquefied natural gas by rail; and 
(2) a complete list of all research related to the 
transportation of liquefied natural gas by rail con-
ducted by the Federal Railroad Administration, the 
Pipeline and Hazardous Materials Safety Adminis-
tration, or any other entity of the Federal Govern-
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ment since 2010 that includes, for each research 
item— 
(A) the title of any reports or studies pro-
duced with respect to the research; 
(B) the agency, entity, or organization per-
forming the research; 
(C) the names of all authors and co-au-
thors of any report or study produced with re-
spect to the research; and 
(D) the date any related report was pub-
lished or is expected to publish. 
(f) DATA COLLECTION.—The Administrator of the 
Federal Railroad Administration and the Administrator of 
the Pipeline and Hazardous Materials Safety Administra-
tion shall collect any relevant data or records necessary 
to complete the evaluation required by subsection (b). 
(g) GAO REPORT.—After the evaluation required by 
subsection (b) has been completed, the Comptroller Gen-
eral shall conduct an independent evaluation to verify that 
the Federal Railroad Administration and the Pipeline and 
Hazardous Materials Safety Administration complied with 
the requirements of this Act, and transmit to the Com-
mittee on Transportation and Infrastructure of the House 
of Representatives and the Committee on Commerce, 
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Science, and Transportation of the Senate a report on the 
findings of such independent evaluation. 
(h) FUNDING.—From the amounts made available 
for fiscal year 2022 under section 5128(a) of title 49, 
United States Code, the Secretary shall expend not less 
than $4,000,000 and not more than $6,000,000 to carry 
out the evaluation under subsection (a). 
SEC. 8203. HAZARDOUS MATERIALS TRAINING REQUIRE-
MENTS AND GRANTS. 
Section 5107 of title 49, United States Code, is 
amended by adding at the end the following: 
‘‘(j) ASSISTANCE WITH LOCAL EMERGENCY RE-
SPONDER TRAINING.—The Secretary shall establish a pro-
gram to make grants, on a competitive basis, to nonprofit 
organizations to develop hazardous materials response 
training for emergency responders and make such training 
available electronically or in person.’’. 
SEC. 8204. LITHIUM BATTERY APPROVAL. 
(a) IN GENERAL.—Chapter 51 of title 49, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘§ 5129. Lithium battery approval 
‘‘(a) APPROVAL TO TRANSPORT CERTAIN BATTERIES 
IN COMMERCE.—A person may not transport in commerce 
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a specified lithium battery that is determined by the Sec-
retary to be a high safety or security risk unless— 
‘‘(1) the manufacturer of such battery receives 
an approval from the Secretary; and 
‘‘(2) the manufacture of such battery meets the 
requirements of this section and the regulations 
issued under subsection (d). 
‘‘(b) TERM OF APPROVAL.—An approval granted to 
a manufacturer under this section shall not exceed 5 
years. 
‘‘(c) APPROVAL PROCESS.—To receive an approval 
for a specified lithium battery under this section, a manu-
facturer shall— 
‘‘(1) allow the Secretary, or an entity des-
ignated by the Secretary, to inspect the applicant’s 
manufacturing process and procedures; 
‘‘(2) bear the cost of any inspection carried out 
under paragraph (1); and 
‘‘(3) develop and implement, with respect to the 
manufacture of such battery— 
‘‘(A) a comprehensive quality management 
program; and 
‘‘(B) appropriate product identification, 
marking, documentation, lifespan, and tracking 
measures. 
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‘‘(d) REGULATIONS REQUIRED.—Not later than 2 
years after the date of enactment of this section, the Sec-
retary shall issue regulations to carry out this section. 
Such regulations shall include— 
‘‘(1) parameters for, and a process for receiv-
ing, an approval under this section; and 
‘‘(2) a determination of the types of specified 
lithium batteries that pose a high safety or security 
risk in transport, including battery or cell type, size, 
and energy storage capacity. 
‘‘(e) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed— 
‘‘(1) to affect any provision, limitation, or pro-
hibition with respect to the transportation of a speci-
fied lithium battery in effect as of the date of enact-
ment of this section; or 
‘‘(2) to authorize transportation of any such 
battery if such transportation is not already author-
ized as of the date of enactment of this section. 
‘‘(f) SPECIFIED LITHIUM BATTERY DEFINED.—In 
this section, the term ‘specified lithium battery’ means— 
‘‘(1) a lithium ion cell or battery; or 
‘‘(2) a lithium metal cell or battery.’’. 
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(b) CLERICAL AMENDMENT.—The analysis for chap-
ter 51 of title 49, United States Code, is amended by add-
ing at the end the following: 
‘‘5129. Lithium battery approval.’’. 
SEC. 8205. TRANSPORTATION OF CARBON DIOXIDE. 
The Secretary of Transportation may not propose, 
issue, or enforce any rule, regulation, or guidance that 
prohibits the bulk transportation of captured carbon diox-
ide, in solid, liquid, or gaseous form, by pipeline, rail, or 
ship. 
SEC. 8206. SEISMICITY. 
(a) IN GENERAL.—Not later than 90 days after the 
date of enactment of this section, the Secretary of Trans-
portation, in consultation with the Federal Energy Regu-
latory Commission, shall enter into an agreement with the 
National Academy of Sciences under which the National 
Academy of Sciences shall prepare a report containing— 
(1) the results of a study that— 
(A) evaluates the current Federal require-
ments for pipeline facility design, siting, con-
struction, operation and maintenance, and in-
tegrity management, relating to seismicity, land 
subsidence, landslides, slope instability, frost 
heave, soil settlement, erosion, and other dy-
namic geologic conditions that may pose a safe-
ty risk; 
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(B) identifies any discrepancy in such re-
quirements that apply to operators of gas pipe-
line facilities and hazardous liquid pipeline fa-
cilities; and 
(C) identifies any deficiencies in industry 
practices related to such requirements; and 
(2) any recommendations of the National Acad-
emy of Sciences based on such results. 
(b) REPORT TO CONGRESS.—Upon completion of the 
report prepared pursuant to subsection (a), the National 
Academy of Sciences shall submit to the Secretary of 
Transportation, the Committee on Transportation and In-
frastructure of the House of Representatives, the Com-
mittee on Energy and Commerce of the House of Rep-
resentatives, and the Committee on Commerce, Science, 
and Transportation of the Senate the report. 
(c) PIPELINE FACILITIES.—In this section, the term 
‘‘pipeline facility’’ has the meaning given that term in sec-
tion 60101 of title 49, United States Code. 
DIVISION D—RAIL 
SEC. 9001. SHORT TITLE. 
This division may be cited as the ‘‘Transforming Rail 
by Accelerating Investment Nationwide Act’’ or the 
‘‘TRAIN Act’’. 
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TITLE I—AUTHORIZATIONS 
SEC. 9101. AUTHORIZATION OF APPROPRIATIONS. 
(a) AUTHORIZATION OF GRANTS TO AMTRAK.— 
(1) NORTHEAST CORRIDOR.—There are author-
ized to be appropriated to the Secretary of Trans-
portation for the use of Amtrak for activities associ-
ated with the Northeast Corridor the following 
amounts: 
(A) For fiscal year 2022, $2,500,000,000. 
(B) For fiscal year 2023, $2,600,000,000. 
(C) For fiscal year 2024, $2,700,000,000. 
(D) For fiscal year 2025, $2,800,000,000. 
(E) For fiscal year 2026, $2,900,000,000. 
(2) NATIONAL NETWORK.—There are author-
ized to be appropriated to the Secretary for the use 
of Amtrak for activities associated with the National 
Network the following amounts: 
(A) For fiscal year 2022, $3,500,000,000. 
(B) For fiscal year 2023, $3,600,000,000. 
(C) For fiscal year 2024, $3,700,000,000. 
(D) For fiscal year 2025, $3,800,000,000. 
(E) For fiscal year 2026, $3,900,000,000. 
(b) PROJECT MANAGEMENT OVERSIGHT.—The Sec-
retary may withhold up to one-half of one percent annually 
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(2) PROJECT MANAGEMENT OVERSIGHT.—The 
Secretary may withhold up to 1 percent of the total 
amount appropriated under paragraph (1) for the 
costs of program management oversight, including 
providing technical assistance and project planning 
guidance, of grants carried out under section 22906 
of title 49, United States Code. 
(3) HIGH-SPEED RAIL CORRIDOR PLANNING.— 
The Secretary shall withhold at least 4 percent of 
funding in paragraph (1) for the purposes described 
in section 22906(a)(1)(B) of title 49, United States 
Code. Any funds withheld by this paragraph that re-
main unobligated at the end of the fiscal year fol-
lowing the fiscal year in which such funds are made 
available may be used for any eligible project under 
section 22906 of such title. 
(h) CONSOLIDATED RAIL INFRASTRUCTURE
AND 
SAFETY IMPROVEMENTS.— 
(1) IN GENERAL.—There are authorized to be 
appropriated to the Secretary to carry out section 
22907 of title 49, United States Code, the following 
amounts: 
(A) For fiscal year 2022, $1,200,000,000. 
(B) For fiscal year 2023, $1,300,000,000. 
(C) For fiscal year 2024, $1,400,000,000. 
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(D) For fiscal year 2025, $1,500,000,000. 
(E) For fiscal year 2026, $1,600,000,000. 
(2) PROJECT MANAGEMENT OVERSIGHT.—The 
Secretary may withhold up to 2 percent of the total 
amount appropriated under paragraph (1) for the 
costs of program management oversight, including 
providing technical assistance and project planning 
guidance, of grants carried out under section 22907 
of title 49, United States Code. 
(3) RAIL SAFETY PUBLIC AWARENESS.—Of the 
amounts made available under paragraph (1), the 
Secretary may make available up to $5,000,000 for 
each of fiscal years 2022 through 2026 to make 
grants under section 22907(o) of title 49, United 
States Code. 
(4) RAILROAD TRESPASSING ENFORCEMENT.— 
Of the amounts made available under paragraph (1), 
the Secretary may make available up to $250,000 
for each of fiscal years 2022 through 2026 to make 
grants under section 22907(p) of title 49, United 
States Code. 
(5) RAILROAD TRESPASSING SUICIDE PREVEN-
TION.—Of the amounts made available under para-
graph (1), the Secretary may make available up to 
$1,000,000 for each of fiscal years 2022 through 
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2026 to make grants under section 22907(q) of title 
49, United States Code. 
(i) BRIDGES, STATIONS, AND TUNNELS GRANTS.— 
(1) IN GENERAL.—There are authorized to be 
appropriated to the Secretary to carry out section 
22909 of title 49, United States Code, the following 
amounts: 
(A) For fiscal year 2022, $4,800,000,000. 
(B) For fiscal year 2023, $4,900,000,000. 
(C) For fiscal year 2024, $5,000,000,000. 
(D) For fiscal year 2025, $5,100,000,000. 
(E) For fiscal year 2026, $5,200,000,000. 
(2) PROJECT MANAGEMENT OVERSIGHT.—The 
Secretary may withhold up to one half of 1 percent 
of the total amount appropriated under paragraph 
(1) for the costs of program management oversight, 
including providing technical assistance and project 
planning guidance, of grants carried out under sec-
tion 22909 of title 49, United States Code. 
(j) RAILROAD REHABILITATION AND IMPROVEMENT 
FINANCING.— 
(1) IN GENERAL.—There are authorized to be 
appropriated to the Secretary for payment of credit 
risk premiums in accordance with section 502(f)(1) 
of the Railroad Revitalization and Regulatory Re-
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form Act of 1976 (45 U.S.C. 822(f)(1)) the fol-
lowing amounts, to remain available until expended: 
(A) For fiscal year 2022, $160,000,000. 
(B) For fiscal year 2023, $170,000,000. 
(C) For fiscal year 2024, $180,000,000. 
(D) For fiscal year 2025, $190,000,000. 
(E) For fiscal year 2026, $200,000,000. 
(2) REFUND OF PREMIUM.—There are author-
ized 
to 
be 
appropriated 
to 
the 
Secretary 
$70,000,000 to repay the credit risk premium under 
section 502 of the Railroad Revitalization and Regu-
latory Reform Act of 1976 (45 U.S.C. 822) for each 
loan in cohort 3, as defined by the memorandum to 
the Office of Management and Budget of the De-
partment of Transportation dated November 5, 
2018, with interest accrued thereon, not later than 
60 days after the date on which all obligations at-
tached to each such loan have been satisfied. For 
each such loan for which obligations have been satis-
fied as of the date of enactment of this Act, the Sec-
retary shall repay the credit risk premium of each 
such loan, with interest accrued thereon, not later 
than 60 days after the date of the enactment of this 
Act. 
(k) RESTORATION AND ENHANCEMENT GRANTS.— 
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(1) IN GENERAL.—There are authorized to be 
appropriated to the Secretary to carry out section 
22908 of title 49, United States Code, $20,000,000 
for each of fiscal years 2022 through 2026. 
(2) PROJECT MANAGEMENT OVERSIGHT.—The 
Secretary may withhold up to 1 percent from the 
total amounts appropriated under paragraph (1) for 
the costs of project management oversight of grants 
carried out under section 22908 of title 49, United 
States Code. 
(l) GRADE CROSSING SEPARATION GRANTS.— 
(1) IN GENERAL.—There are authorized to be 
appropriated to the Secretary to carry out section 
22912 of title 49, United States Code, (as added by 
section 9551 of this Act) the following amounts: 
(A) For fiscal year 2022, $450,000,000. 
(B) For fiscal year 2023, $475,000,000. 
(C) For fiscal year 2024, $500,000,000. 
(D) For fiscal year 2025, $525,000,000. 
(E) For fiscal year 2026, $550,000,000. 
(2) PROJECT MANAGEMENT OVERSIGHT.—The 
Secretary may withhold up to 2 percent from the 
total amounts appropriated under paragraph (1) for 
the costs of project management oversight, including 
providing technical assistance and project planning 
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guidance, of grants carried out under section 22912 
of title 49, United States Code. 
(m) AUTHORIZATION OF APPROPRIATIONS TO THE 
FEDERAL RAILROAD ADMINISTRATION.—Section 20117 
of title 49, United States Code, is amended to read as 
follows: 
‘‘§ 20117. Authorization of appropriations 
‘‘(a) SAFETY AND OPERATIONS.— 
‘‘(1) IN GENERAL.—There are authorized to be 
appropriated to the Secretary of Transportation for 
the operations of the Federal Railroad Administra-
tion and to carry out railroad safety activities au-
thorized or delegated to the Administrator— 
‘‘(A) $290,500,000 for fiscal year 2022; 
‘‘(B) $303,300,000 for fiscal year 2023; 
‘‘(C) $316,100,000 for fiscal year 2024; 
‘‘(D) $324,400,000 for fiscal year 2025; 
and 
‘‘(E) $332,900,000 for fiscal year 2026. 
‘‘(2) AUTOMATED TRACK INSPECTION PROGRAM 
AND DATA ANALYSIS.—From the funds made avail-
able under paragraph (1) for each of fiscal years 
2022 through 2026, not more than $17,000,000 
may be expended for the Automated Track Inspec-
tion Program and data analysis related to track in-
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spection. Such funds shall remain available until ex-
pended. 
‘‘(3) STATE PARTICIPATION GRANTS.—Amounts 
made available under paragraph (1) for grants 
under section 20105(e) shall remain available until 
expended. 
‘‘(4) REGIONAL
PLANNING
GUIDANCE.—The 
Secretary may withhold up to $20,000,000 from the 
amounts made available for each fiscal year under 
paragraph (1) to facilitate and provide guidance for 
regional planning processes, including not more than 
$500,000 annually for each interstate rail compact. 
‘‘(5) RAILROAD SAFETY INSPECTORS.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
ensure that the number of full-time equivalent 
railroad safety inspection personnel employed 
by the Office of Railroad Safety of the Federal 
Railroad Administration does not fall below the 
following: 
‘‘(i) 379 for fiscal year 2022; 
‘‘(ii) 403 for fiscal year 2023; 
‘‘(iii) 422 for fiscal year 2024; 
‘‘(iv) 424 for fiscal year 2025; and 
‘‘(v) 426 for fiscal year 2026. 
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‘‘(B) CONSIDERATION.—In meeting the 
minimum railroad safety inspector levels under 
subparagraph (A), the Secretary shall consider 
the ability of railroad safety inspectors to ana-
lyze railroad safety data. 
‘‘(C) FUNDING.—From the amounts made 
available to the Secretary under subsection 
(a)(1), the Secretary shall use the following 
amounts to carry out subparagraph (A): 
‘‘(i) $3,244,104 for fiscal year 2022. 
‘‘(ii) $6,488,208 for fiscal year 2023. 
‘‘(iii) $9,056,457 for fiscal year 2024. 
‘‘(iv) $9,326,799 for fiscal year 2025. 
‘‘(v) $9,597,141 for fiscal year 2026. 
‘‘(6) OTHER SAFETY PERSONNEL.— 
‘‘(A) INCREASE IN NUMBER OF SUPPORT 
EMPLOYEES.—The Secretary shall, for each of 
fiscal years 2022 and 2023, increase by 10 the 
total number of full-time equivalent employees 
working as specialists, engineers, or analysts in 
the field supporting inspectors compared to the 
number of such employees employed in the pre-
vious fiscal year. 
‘‘(B) FUNDING.—From the amounts made 
available to the Secretary under subsection 
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(a)(1), the Secretary shall use the following 
amounts to carry out subparagraph (A): 
‘‘(i) $1,631,380 for fiscal year 2022. 
‘‘(ii) $3,262,760 for fiscal year 2023. 
‘‘(iii) $3,262,760 for fiscal year 2024. 
‘‘(iv) $3,262,760 for fiscal year 2025. 
‘‘(v) $3,262,760 for fiscal year 2026. 
‘‘(b) RAILROAD RESEARCH AND DEVELOPMENT.— 
‘‘(1) AUTHORIZATION
OF
APPROPRIATIONS.— 
There are authorized to be appropriated to the Sec-
retary of Transportation for necessary expenses for 
carrying out railroad research and development ac-
tivities the following amounts which shall remain 
available until expended: 
‘‘(A) $67,000,000 for fiscal year 2022. 
‘‘(B) $69,000,000 for fiscal year 2023. 
‘‘(C) $71,000,000 for fiscal year 2024. 
‘‘(D) $73,000,000 for fiscal year 2025. 
‘‘(E) $75,000,000 for fiscal year 2026. 
‘‘(2) SHORT LINE SAFETY.—From funds made 
available under paragraph (1) for each of fiscal 
years 2022 through 2026, the Secretary may expend 
not more than $4,000,000— 
‘‘(A) for grants to improve safety practices 
and training for Class II and Class III freight, 
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commuter, and intercity passenger railroads; 
and 
‘‘(B) to develop safety management sys-
tems for Class II and Class III freight, com-
muter, 
and 
intercity 
passenger 
railroads 
through the continued development of safety 
culture assessments, transportation emergency 
response plans, training and education, out-
reach activities, best practices for trespassing 
prevention and employee trauma response, and 
technical assistance. 
‘‘(3) UNIVERSITY
RAIL
CLIMATE
INNOVATION 
INSTITUTE.— 
‘‘(A) IN GENERAL.—Of the amounts made 
available under paragraph (1), the Secretary 
may make available up to $20,000,000 for each 
of fiscal years 2022 through 2026 to establish 
the University Rail Climate Innovation Institute 
under section 22913. 
‘‘(B) 
PROJECT
MANAGEMENT
OVER-
SIGHT.—The Secretary may withhold up to 1 
percent from the total amounts appropriated 
under subparagraph (A) for the costs of project 
management oversight of the grant carried out 
under section 22913. 
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‘‘(4) SUICIDE
PREVENTION
RESEARCH
FUND-
ING.—From funds made available under paragraph 
(1) for each of fiscal years 2022 through 2026, the 
Secretary may make available not less than 
$1,000,000 for human factors research undertaken 
by the Federal Railroad Administration, including 
suicide countermeasure evaluation, data exploration 
and quality improvement, and other initiatives as ap-
propriate.’’. 
(n) LIMITATION
ON FINANCIAL ASSISTANCE
FOR 
STATE-OWNED ENTERPRISES.— 
(1) IN GENERAL.—Funds provided under this 
section and the amendments made by this section 
may not be used in awarding a contract, sub-
contract, grant, or loan to an entity that is owned 
or controlled by, is a subsidiary of, or is otherwise 
related legally or financially to a corporation based 
in a country that— 
(A) is identified as a nonmarket economy 
country (as defined in section 771(18) of the 
Tariff Act of 1930 (19 U.S.C. 1677(18))) as of 
the date of enactment of this Act; 
(B) was identified by the United States 
Trade Representative in the most recent report 
required by section 182 of the Trade Act of 
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1974 (19 U.S.C. 2242) as a priority foreign 
country under subsection (a)(2) of that section; 
and 
(C) is subject to monitoring by the Trade 
Representative under section 306 of the Trade 
Act of 1974 (19 U.S.C. 2416). 
(2) EXCEPTION.—For purposes of paragraph 
(1), the term ‘‘otherwise related legally or finan-
cially’’ does not include a minority relationship or in-
vestment. 
(3) INTERNATIONAL AGREEMENTS.—This sub-
section shall be applied in a manner consistent with 
the obligations of the United States under inter-
national agreements. 
(o) RAIL TRUST FUND.— 
(1) IN GENERAL.— 
(A) FUNDING.—Beginning on the date on 
which a rail trust fund is established, any 
amounts made available under subsections (a), 
(g), (h), (i), (j)(1), (k), and (l) shall be derived 
from such fund. 
(B) RAIL TRUST FUND DEFINED.—In this 
subsection, the term ‘‘rail trust fund’’ means a 
trust fund established under the Internal Rev-
enue Code of 1986 for making certain expendi-
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tures for the benefit of rail and for crediting 
certain taxes and penalties collected relating to 
rail. 
(2) SENSE OF COMMITTEE ON NEED FOR RAIL 
TRUST FUND.—The following is the sense of the 
Committee on Transportation and Infrastructure of 
the House of Representatives: 
(A) There is a discrepancy in historical 
Federal investment between highways, aviation, 
and intercity passenger rail. Between 1949 and 
2017, the Federal Government invested more 
than $2 trillion in our nation’s highways and 
over $777 billion in aviation. The Federal Gov-
ernment has invested $96 billion in intercity 
passenger rail, beginning in 1971 with the cre-
ation of the National Railroad Passenger Cor-
poration. Intercity passenger rail Federal in-
vestment is only 12 percent of Federal aviation 
investment and less than 5 percent of Federal 
highway investment. 
(B) Congress has recognized the value and 
importance of a predictable, dedicated funding 
source through a trust fund for all other modes 
of transportation including for aviation, high-
ways, transit, and waterways. The Highway 
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Trust Fund was created in 1956. The Airport 
and Aviation Trust Fund was created in 1970. 
The Inland Waterways Trust Fund was created 
in 1978. Mass transit was added to the High-
way Trust Fund in 1983. The Harbor Mainte-
nance Trust Fund was created in 1986. With 
regard to Federal transportation investment, 
only intercity passenger and freight rail do not 
have a predictable, dedicated funding source 
through a trust fund. 
(C) The Federal Railroad Administration 
has identified more than $300 billion worth of 
investment needed to develop both high-speed 
and higher speed intercity passenger rail cor-
ridors around the United States. In addition, a 
Federal Railroad Administration report from 
2014 found that shortline and regional rail-
roads need $7 billion of investment. The North-
east Corridor has a $40 billion state of good re-
pair backlog. 
(D) A rail trust fund would provide a pre-
dictable, dedicated funding source to high-speed 
and intercity passenger rail projects and for the 
public benefits of shortline and regional railroad 
freight rail projects. A trust fund provides es-
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sential longer term funding certainty to allow 
the United States to develop quality intercity 
passenger rail service in corridors across the 
country, eliminate the state of good repair 
backlog on the Northeast Corridor, allow for ac-
cessible equipment and stations for passengers 
with disabilities, move more freight on rail, re-
develop an American passenger rail car manu-
facturing base, create good paying, middle class 
jobs, and reduce our nation’s transportation 
carbon emissions. 
SEC. 9102. PASSENGER RAIL IMPROVEMENT, MODERNIZA-
TION, AND EXPANSION GRANTS. 
(a) IN GENERAL.—Section 22906 of title 49, United 
States Code, is amended to read as follows: 
‘‘§ 22906. Passenger rail improvement, modernization, 
and expansion grants 
‘‘(a) IN GENERAL.— 
‘‘(1) 
ESTABLISHMENT.—The 
Secretary 
of 
Transportation shall establish a program to make 
grants to eligible applicants for— 
‘‘(A) capital projects that— 
‘‘(i) provide high-speed rail or inter-
city rail passenger transportation; 
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‘‘(ii) improve high-speed rail or inter-
city rail passenger performance, including 
congestion mitigation, reliability improve-
ments, achievement of on-time perform-
ance standards established under section 
207 of the Rail Safety Improvement Act of 
2008 (49 U.S.C. 24101 note), reduced trip 
times, increased train frequencies, higher 
operating speeds, electrification, and other 
improvements, as determined by the Sec-
retary; and 
‘‘(iii) expand or establish high-speed 
rail or intercity rail passenger transpor-
tation and facilities; or 
‘‘(B) corridor planning activities for high- 
speed rail described in section 26101(b). 
‘‘(2) PURPOSES.—Grants under this section 
shall be for projects that improve mobility, oper-
ational performance, or growth of high-speed rail or 
intercity rail passenger transportation. 
‘‘(b) DEFINITIONS.—In this section: 
‘‘(1) ELIGIBLE APPLICANT.—The term ‘eligible 
applicant’ means— 
‘‘(A) a State; 
‘‘(B) a group of States; 
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‘‘(C) an Interstate Compact; 
‘‘(D) a public agency or publicly chartered 
authority established by 1 or more States; 
‘‘(E) a political subdivision of a State; 
‘‘(F) Amtrak, acting on its own behalf or 
under a cooperative agreement with 1 or more 
States; or 
‘‘(G) an Indian Tribe. 
‘‘(2) CAPITAL
PROJECT.—The term ‘capital 
project’ means— 
‘‘(A) a project or program for acquiring, 
constructing, or improving— 
‘‘(i) passenger rolling stock; 
‘‘(ii) infrastructure assets, including 
tunnels, bridges, stations, track and track 
structures, communication and signaliza-
tion improvements; and 
‘‘(iii) a facility of use in or for the pri-
mary benefit of high-speed or intercity rail 
passenger transportation; 
‘‘(B) project planning, development, de-
sign, engineering, location surveying, mapping, 
environmental analysis or studies; 
‘‘(C) acquiring right-of-way or payments 
for rail trackage rights agreements; 
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‘‘(D) making highway-rail grade crossing 
improvements related to high-speed rail or 
intercity rail passenger transportation service; 
‘‘(E) electrification; 
‘‘(F) mitigating environmental impacts, in-
cluding through advance mitigation; or 
‘‘(G) a project relating to other assets de-
termined appropriate by the Secretary. 
‘‘(3) INTERCITY RAIL PASSENGER TRANSPOR-
TATION.—The term ‘intercity rail passenger trans-
portation’ has the meaning given such term in sec-
tion 24102. 
‘‘(4) HIGH-SPEED RAIL.—The term ‘high-speed 
rail’ has the meaning given such term in section 
26105. 
‘‘(5) STATE.—The term ‘State’ means each of 
the 50 States and the District of Columbia. 
‘‘(6) 
SOCIALLY
DISADVANTAGED
INDIVID-
UALS.—The term ‘socially disadvantaged individuals’ 
has the meaning given the term ‘socially and eco-
nomically disadvantaged individuals’ in section 8(d) 
of the Small Business Act (15 U.S.C. 637(d)). 
‘‘(c) PROJECT REQUIREMENTS.— 
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‘‘(1) REQUIREMENTS.—To be eligible for a 
grant under this section, an eligible applicant shall 
demonstrate that such applicant has or will have— 
‘‘(A) the legal, financial, and technical ca-
pacity to carry out the project; 
‘‘(B) satisfactory continuing control over 
the use of the equipment or facilities that are 
the subject of the project; and 
‘‘(C) an agreement in place for mainte-
nance of such equipment or facilities. 
‘‘(2) HIGH-SPEED RAIL REQUIREMENTS.— 
‘‘(A) CORRIDOR PLANNING ACTIVITIES.— 
Notwithstanding paragraph (1), the Secretary 
shall evaluate projects described in subsection 
(a)(1)(B) based on the criteria under section 
26101(c). 
‘‘(B) HIGH-SPEED
RAIL
PROJECT
RE-
QUIREMENTS.—To be eligible for a grant for a 
high-speed rail project, an eligible applicant 
shall demonstrate compliance with section 
26106(e)(2)(A). 
‘‘(d) PROJECT SELECTION CRITERIA.— 
‘‘(1) PRIORITY.—In selecting a project for a 
grant under this section, the Secretary shall give 
preference to projects that— 
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‘‘(A) are supported by multiple States or 
are included in a multi-state regional plan or 
planning process; 
‘‘(B) achieve environmental benefits such 
as a reduction in greenhouse gas emissions or 
an improvement in local air quality; or 
‘‘(C) improve service to and investment in 
socially disadvantaged individuals. 
‘‘(2) ADDITIONAL CONSIDERATIONS.—In select-
ing an applicant for a grant under this section, the 
Secretary shall consider— 
‘‘(A) the proposed project’s anticipated im-
provements to high-speed rail or intercity rail 
passenger transportation, including anticipated 
public benefits on the— 
‘‘(i) effects on system and service per-
formance; 
‘‘(ii) effects on safety, competitive-
ness, reliability, trip or transit time, and 
resilience; 
‘‘(iii) overall transportation system, 
including efficiencies from improved inte-
gration with other modes of transportation 
or benefits associated with achieving modal 
shifts; 
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‘‘(iv) ability to meet existing, antici-
pated, or induced passenger or service de-
mand; and 
‘‘(v) projected effects on regional and 
local economies along the corridor, includ-
ing increased competitiveness, productivity, 
efficiency, and economic development; 
‘‘(B) the eligible applicant’s past perform-
ance in developing and delivering similar 
projects; 
‘‘(C) if applicable, the consistency of the 
project with planning guidance and documents 
set forth by the Secretary or required by law; 
and 
‘‘(D) if applicable, agreements between all 
stakeholders necessary for the successful deliv-
ery of the project. 
‘‘(3) ADDITIONAL SCREENING FOR HIGH-SPEED 
RAIL.—In selecting an applicant for a grant under 
this section, for high-speed rail projects, the Sec-
retary shall, in addition to the application of para-
graphs (1) and (2), apply the selection and consider-
ation criteria described in subparagraphs (B) and 
(C) of section 26106(e)(2). 
‘‘(e) FEDERAL SHARE OF TOTAL PROJECT COSTS.— 
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‘‘(1) TOTAL
PROJECT
COST
ESTIMATE.—The 
Secretary shall estimate the total cost of a project 
under this section based on the best available infor-
mation, including engineering studies, studies of eco-
nomic feasibility, environmental analyses, and infor-
mation on the expected use of equipment or facili-
ties. 
‘‘(2) FEDERAL SHARE.—The Federal share of 
total project costs under this section shall not exceed 
90 percent. 
‘‘(3) TREATMENT
OF
REVENUE.—Applicants 
may use ticket and other revenues generated from 
operations and other sources to satisfy the non-Fed-
eral share requirements. 
‘‘(f) LETTERS OF INTENT.— 
‘‘(1) IN GENERAL.—The Secretary shall, to the 
maximum extent practicable, issue a letter of intent 
to a recipient of a grant under this section that— 
‘‘(A) announces an intention to obligate, 
for a project under this section, an amount that 
is not more than the amount stipulated as the 
financial participation of the Secretary in the 
project, regardless of authorized amounts; and 
‘‘(B) states that the contingent commit-
ment— 
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‘‘(i) is not an obligation of the Fed-
eral Government; and 
‘‘(ii) is subject to the availability of 
appropriations for grants under this sec-
tion and subject to Federal laws in force or 
enacted after the date of the contingent 
commitment. 
‘‘(2) CONGRESSIONAL NOTIFICATION.— 
‘‘(A) IN GENERAL.—Not later than 3 days 
before issuing a letter of intent under para-
graph (1), the Secretary shall submit written 
notification to— 
‘‘(i) the Committee on Transportation 
and Infrastructure of the House of Rep-
resentatives; 
‘‘(ii) the Committee on Appropriations 
of the House of Representatives; 
‘‘(iii) the Committee on Appropria-
tions of the Senate; and 
‘‘(iv) the Committee on Commerce, 
Science, and Transportation of the Senate. 
‘‘(B) CONTENTS.—The notification sub-
mitted under subparagraph (A) shall include— 
‘‘(i) a copy of the letter of intent; 
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‘‘(ii) the criteria used under sub-
section (d) for selecting the project for a 
grant; and 
‘‘(iii) a description of how the project 
meets such criteria. 
‘‘(g) APPROPRIATIONS REQUIRED.—An obligation 
may be made under this section only when amounts are 
appropriated for such purpose. 
‘‘(h) AVAILABILITY.—Amounts made available to 
carry out this section shall remain available until ex-
pended. 
‘‘(i) 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 grant 
conditions under section 22905, except that the domestic 
buying preferences of section 24305(f) shall apply to Am-
trak in lieu of the requirements of section 22905(a).’’. 
(b) CLERICAL AMENDMENT.—The item relating to 
section 22906 in the analysis for chapter 229 of title 49, 
United States Code, is amended to read as follows: 
‘‘22906. Passenger rail improvement, modernization, and expansion grants.’’. 
(c) DEFINITION
OF
SATISFACTORY
CONTINUING 
CONTROL.—Section 22901 of title 49, United States 
Code, is amended by adding at the end the following: 
‘‘(4) SATISFACTORY CONTINUING CONTROL.— 
The term ‘satisfactory continuing control’ means the 
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continuing ability to utilize and ensure maintenance 
of an asset as a result of full or partial ownership, 
lease, operating or other enforceable contractual 
agreements, or statutory access rights.’’. 
SEC. 9103. CONSOLIDATED RAIL INFRASTRUCTURE AND 
SAFETY IMPROVEMENT GRANTS. 
Section 22907 of title 49, United States Code, is 
amended— 
(1) in subsection (b)— 
(A) in the matter preceding paragraph (1) 
by striking ‘‘The following’’ and inserting ‘‘Ex-
cept as provided in subsections (o), (p), and (q), 
the following’’; 
(B) in paragraph (1) by inserting ‘‘or the 
District of Columbia’’ before the period; 
(C) in paragraph (10) by striking ‘‘trans-
portation center’’; and 
(D) by adding at the end the following: 
‘‘(12) A commuter authority (as such term is 
defined in section 24102). 
‘‘(13) An Indian Tribe.’’; 
(2) in subsection (c)— 
(A) in paragraph (1) by inserting ‘‘and up-
grades’’ after ‘‘Deployment’’; 
(B) by striking paragraph (2); 
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(C) 
by 
redesignating 
paragraphs 
(3) 
through (12) as paragraphs (2) through (11), 
respectively; 
(D) in paragraph (2), as so redesignated, 
by inserting ‘‘or safety’’ after ‘‘address conges-
tion’’; 
(E) in paragraph (3), as so redesignated, 
by striking ‘‘identified by the Secretary’’ and all 
that follows through ‘‘rail transportation’’ and 
inserting ‘‘to improve service or facilitate rider-
ship growth in intercity rail passenger transpor-
tation or commuter rail passenger transpor-
tation (as such term is defined in section 
24102)’’; 
(F) in paragraph (4), as so redesignated, 
by inserting ‘‘to establish new quiet zones or’’ 
after ‘‘engineering improvements’’; 
(G) in paragraph (9), as so redesignated, 
by inserting ‘‘, including for suicide prevention 
and other rail trespassing prevention’’ before 
the period; 
(3) in subsection (e)— 
(A) by striking paragraph (1) and insert-
ing the following: 
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‘‘(1) IN GENERAL.—In selecting a recipient of 
a grant for an eligible project, the Secretary shall 
give preference to— 
‘‘(A) projects that will maximize the net 
benefits of the funds made available for use 
under this section, considering the cost-benefit 
analysis of the proposed project, including an-
ticipated private and public benefits relative to 
the costs of the proposed project and factoring 
in the other considerations described in para-
graph (2); and 
‘‘(B) projects that improve service to, or 
provide direct benefits to, socially disadvantaged 
individuals (as defined in section 22906(b)), in-
cluding relocating or mitigating infrastructure 
that limits community connectivity, including 
mobility, access, or economic development of 
such individuals.’’; and 
(B) in paragraph (3) by striking ‘‘para-
graph 
(1)(B)’’ 
and 
inserting 
‘‘paragraph 
(1)(A)’’; 
(4) in subsection (h)(2) by inserting ‘‘, except 
that a grant for a capital project involving zero- 
emission locomotive technologies shall not exceed an 
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amount in excess of 90 percent of the total project 
costs’’ before the period. 
(5) by redesignating subsections (i), (j), and (k) 
as subsections (l), (m), and (n) respectively; and 
(6) by inserting after subsection (h) the fol-
lowing: 
‘‘(i) LARGE PROJECTS.—Of the amounts made avail-
able under this section, at least 25 percent shall be for 
projects that have total project costs of greater than 
$100,000,000. 
‘‘(j) COMMUTER RAIL.— 
‘‘(1) 
ADMINISTRATION
OF
FUNDS.—The 
amounts awarded under this section for commuter 
rail passenger transportation projects shall be trans-
ferred by the Secretary, after selection, to the Fed-
eral Transit Administration for administration of 
funds in accordance with chapter 53. 
‘‘(2) GRANT CONDITION.— 
‘‘(A) IN GENERAL.—Notwithstanding sec-
tion 22905(f)(1) and 22907(j)(1), as a condi-
tion of receiving a grant under this section that 
is used to acquire, construct, or improve rail-
road right-of-way or facilities, any employee 
covered by the Railway Labor Act (45 U.S.C. 
151 et seq.) and the Railroad Retirement Act 
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of 1974 (45 U.S.C. 231 et seq.) who is ad-
versely affected by actions taken in connection 
with the project financed in whole or in part by 
such grant shall be covered by employee protec-
tive arrangements established under section 
22905(e). 
‘‘(B) APPLICATION
OF
PROTECTIVE
AR-
RANGEMENT.—The grant recipient and the suc-
cessors, assigns, and contractors of such recipi-
ent shall be bound by the protective arrange-
ments required under subparagraph (A). Such 
recipient shall be responsible for the implemen-
tation of such arrangement and for the obliga-
tions under such arrangement, but may arrange 
for another entity to take initial responsibility 
for compliance with the conditions of such ar-
rangement. 
‘‘(3) APPLICATION OF LAW.—Subsection (g) of 
section 22905 shall not apply to grants awarded 
under this section for commuter rail passenger 
transportation projects. 
‘‘(k) DEFINITION OF CAPITAL PROJECT.—In this 
section, the term ‘capital project’ means a project or pro-
gram for— 
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‘‘(1) acquiring, constructing, improving, or in-
specting equipment, track and track structures, or a 
facility, expenses incidental to acquisition or con-
struction (including project-level planning, designing, 
engineering, location surveying, mapping, environ-
mental studies, and acquiring right-of-way), pay-
ments for rail trackage rights agreements, highway- 
rail grade crossing improvements, mitigating envi-
ronmental impacts, communication and signalization 
improvements, relocation assistance, acquiring re-
placement housing sites, and acquiring, constructing, 
relocating, and rehabilitating replacement housing; 
‘‘(2) rehabilitating, remanufacturing, or over-
hauling rail rolling stock and facilities; 
‘‘(3) costs associated with developing State or 
multi-State regional rail plans; and 
‘‘(4) the first-dollar liability costs for insurance 
related to the provision of intercity passenger rail 
service under section 22904.’’; and 
(7) by striking subsection (l). 
SEC. 9104. RAILROAD REHABILITATION AND IMPROVE-
MENT FINANCING. 
(a) IN GENERAL.—Section 502 of the Railroad Revi-
talization and Regulatory Reform Act of 1976 (45 U.S.C. 
822) is amended— 
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(1) in subsection (b)— 
(A) in paragraph (1)— 
(i) in subparagraph (A) by inserting 
‘‘civil works such as cuts and fills, stations, 
tunnels,’’ after ‘‘components of track,’’; 
and 
(ii) in subparagraph (D) by inserting 
‘‘, permitting,’’ after ‘‘reimburse plan-
ning’’; and 
(B) by striking paragraph (3); 
(2) by striking subsection (e)(1) and inserting 
the following: 
‘‘(1) DIRECT LOANS.—The interest rate on a 
direct loan under this section shall be not less than 
the yield on United States Treasury securities of a 
similar maturity to the maturity of the direct loan 
on the date of execution of the loan agreement.’’; 
(3) in subsection (f)— 
(A) in paragraph (1) by adding ‘‘The Sec-
retary shall only apply appropriations of budget 
authority to cover the costs of direct loans and 
loan guarantees as required under section 
504(b)(1) of the Federal Credit Reform Act of 
1990 (2 U.S.C. 661c(b)(1)), including the cost 
of a modification thereof, in whole or in part, 
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for entities described in paragraphs (1) through 
(3) of subsection (a), or a rail carrier (as such 
term is defined in section 10102(5) of title 49, 
United States Code) with demonstrated support 
from at least one of such entities for high-speed 
rail activities described in section 26101 or 
26106 of title 49, United States Code.’’ at the 
end; 
(B) in paragraph (3) by striking subpara-
graph (C) and inserting the following: 
‘‘(C) An investment-grade rating on the di-
rect loan or loan guarantee, as applicable, if the 
total amount of the direct loan or loan guar-
antee is less than $100,000,000. 
‘‘(D) In the case of a total amount of a di-
rect loan or loan guarantee greater than 
$100,000,000, an investment-grade rating from 
at least 2 rating agencies on the direct loan or 
loan guarantee, or an investment-grade rating 
on the direct loan or loan guarantee and a pro-
jection of freight or passenger demand for the 
project based on regionally developed economic 
forecasts, including projections of any modal di-
version resulting from the project.’’; and 
(C) by adding at the end the following: 
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‘‘(5) REPAYMENT
OF
CREDIT
RISK
PRE-
MIUMS.—The Secretary shall return credit risk pre-
miums paid, and interest accrued thereon, to the 
original source when all obligations of a loan or loan 
guarantee have been satisfied. This paragraph ap-
plies to any project that has been granted assistance 
under this section after the date of enactment of the 
TRAIN Act.’’; and 
(4) by adding at the end the following: 
‘‘(n) NON-FEDERAL SHARE.—The proceeds of a loan 
provided under this section shall be used as the non-Fed-
eral share of project costs under this title and title 49 if 
such loan is repayable from non-Federal funds. 
‘‘(o) BUY AMERICA.— 
‘‘(1) IN GENERAL.—In awarding direct loans or 
loan guarantees under this section, the Secretary 
shall require each recipient to comply with section 
22905(a) of title 49, United States Code. 
‘‘(2) SPECIFIC COMPLIANCE.—Notwithstanding 
paragraph (1), the Secretary shall require— 
‘‘(A) Amtrak to comply with section 
24305(f) of title 49, United States Code; and 
‘‘(B) a commuter authority (as defined in 
section 24102 of title 49, United States Code) 
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to comply with section 5320 of title 49, United 
States Code.’’. 
(b) GUIDANCE.—Not later than 9 months after the 
date of enactment of this Act, the Secretary shall publish 
guidance that provides applicants for assistance under sec-
tion 502 of the Railroad Revitalization and Regulatory Re-
form Act of 1976 (45 U.S.C. 822) information regarding 
the types of data, assumptions, and other factors typically 
used to calculate credit risk premiums required under sub-
section (f) of such section. Such guidance shall include in-
formation to help applicants understand how different fac-
tors may increase or decrease such credit risk premiums. 
SEC. 9105. BRIDGES, STATIONS, AND TUNNELS (BEST) 
GRANT PROGRAM. 
(a) IN GENERAL.—Chapter 229 of title 49, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘§ 22909. Bridges, stations, and tunnels (BeST) grant 
program 
‘‘(a) IN GENERAL.—The Secretary of Transportation 
shall establish a program (in this section referred to as 
the ‘BeST Program’) to provide grants to eligible entities 
for major capital projects included in the BeST Inventory 
established under subsection (b) for rail bridges, stations, 
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and tunnels that are publicly owned or owned by Amtrak 
to make safety, capacity, and mobility improvements. 
‘‘(b) BEST INVENTORY.— 
‘‘(1) ESTABLISHMENT.—Not later than 120 
days after the date of enactment of the TRAIN Act, 
the Secretary shall establish, and publish on the 
website of the Department of Transportation an in-
ventory (in this section referred to as the ‘BeST In-
ventory’) for publicly owned and Amtrak owned 
major capital projects designated by the Secretary to 
be eligible for funding under this section. The BeST 
Inventory shall include major capital projects to ac-
quire, refurbish, rehabilitate, or replace rail bridges, 
stations, or tunnels and any associated and co-lo-
cated projects. 
‘‘(2) CONSIDERATIONS.—In selecting projects 
for inclusion in the BeST Inventory, the Secretary 
shall give priority to projects that provide the most 
benefit for intercity passenger rail service in relation 
to estimated costs and that are less likely to secure 
all of the funding required from other sources. 
‘‘(3) UPDATES TO BEST INVENTORY.—Every 2 
years after the establishment of the BeST Inventory 
under paragraph (1), the Secretary shall update the 
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BeST Inventory and include it in its annual budget 
justification. 
‘‘(4) ELIGIBILITY
FOR
BEST
INVENTORY.— 
Projects included in the BeST Inventory— 
‘‘(A) shall be— 
‘‘(i) consistent with the record of deci-
sion issued by the Federal Railroad Ad-
ministration in July 2017 titled ‘NEC FU-
TURE: A Rail Investment Plan for the 
Northeast Corridor’ (known as the ‘Se-
lected Alternative’); 
‘‘(ii) consistent with the most recent 
service development plan under section 
24904(a) (hereinafter in this section re-
ferred to as the ‘Service Development 
Plan’); and 
‘‘(iii) located in a territory for which 
a cost allocation policy is maintained pur-
suant to section 24905(c); or 
‘‘(B) shall be consistent with a multi-state 
regional planning document equivalent to the 
document referred to in subparagraph (A)(ii) 
with a completed Tier I environmental review of 
such document pursuant to the National Envi-
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ronmental Policy Act of 1969 (42 U.S.C. 4321 
et seq.). 
‘‘(5) PROJECT
FUNDING
SEQUENCING.—The 
Secretary shall determine the order of priority for 
projects in the BeST Inventory based on projects 
identified in paragraph (4) and project management 
plans as described in subsection (d). The Secretary 
may alter the BeST Inventory as necessary if eligi-
ble entities are not carrying out the schedule identi-
fied in the Inventory. 
‘‘(6) TERMS.—The Secretary shall ensure the 
BeST Inventory establishes, for each project in-
cluded in such Inventory— 
‘‘(A) the roles and terms of participation 
by any railroad bridge, station, or tunnel own-
ers and railroad carriers in the project; and 
‘‘(B) the schedule for such project that en-
sures efficient completion of the project. 
‘‘(7) SPECIAL FINANCIAL RULES.— 
‘‘(A) IN GENERAL.—Projects listed in the 
BeST Inventory may include an agreement with 
a commitment, contingent on future amounts to 
be specified in law for commitments under this 
paragraph, to obligate an additional amount 
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from future available budget authority specified 
in law. 
‘‘(B) STATEMENT
OF
CONTINGENT
COM-
MITMENT.—An obligation or administrative 
commitment under this paragraph may be made 
only when amounts are appropriated. An agree-
ment shall state that any contingent commit-
ment is not an obligation of the Federal Gov-
ernment, and is subject to the availability of ap-
propriations under Federal law and to Federal 
laws in force or enacted after the date of the 
contingent commitment. 
‘‘(C) FINANCING COSTS.—Financing costs 
of carrying out the project may be considered a 
cost of carrying out the project under the BeST 
Inventory. 
‘‘(c) EXPENDITURE OF FUNDS.— 
‘‘(1) FEDERAL
SHARE
OF
TOTAL
PROJECT 
COSTS.—The Federal share for the total cost of a 
project under this section shall not exceed 90 per-
cent. 
‘‘(2) NON-FEDERAL
SHARE.—A recipient of 
funds under this section may use any source of 
funds, including other Federal financial assistance, 
to satisfy the non-Federal funds requirement. The 
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