1000 
HR 2 RDS
‘‘(D) wildlife habitat loss;’’; 
(4) by redesignating paragraph (10) as para-
graph (11); and 
(5) by inserting after paragraph (9) the fol-
lowing: 
‘‘(10) to decrease any adverse impact of freight 
transportation on communities located near freight 
facilities or freight corridors; and’’. 
SEC. 6002. NATIONAL FREIGHT STRATEGIC PLAN. 
Section 70102(c) of title 49, United States Code, is 
amended by striking ‘‘shall’’ and all that follows through 
the end and inserting the following: ‘‘shall— 
‘‘(1) update the plan and publish the updated 
plan on the public website of the Department of 
Transportation; and 
‘‘(2) include in the update described in para-
graph (1)— 
‘‘(A) each item described in subsection (b); 
and 
‘‘(B) best practices to reduce the adverse 
environmental impacts of freight-related— 
‘‘(i) greenhouse gas emissions; 
‘‘(ii) local air pollution; 
‘‘(iii) stormwater runoff or other ad-
verse impacts to water quality; and 
VerDate Sep 11 2014 
22:38 Jan 04, 2021
Jkt 019200
PO 00000
Frm 01000
Fmt 6652
Sfmt 6201
E:\BILLS\H2.RDS
H2
TKELLEY on DSKBCP9HB2PROD with BILLS
1001 
HR 2 RDS
‘‘(iv) wildlife habitat loss.’’. 
SEC. 6003. NATIONAL MULTIMODAL FREIGHT NETWORK. 
Section 70103 of title 49, United States Code, is 
amended— 
(1) in subsection (b)(2)(C) by striking ‘‘of the 
United States that have’’ and inserting the fol-
lowing: ‘‘of the United States that— 
‘‘(i) have a total annual value of cargo 
of at least $1,000,000,000, as identified by 
United States Customs and Border Protec-
tion and reported by the Bureau of the 
Census; or 
‘‘(ii) have’’; and 
(2) in subsection (c)— 
(A) in paragraph (1) by striking ‘‘Not 
later than 1 year after the date of enactment of 
this section,’’ and inserting the following: 
‘‘(A) REPORT
TO
CONGRESS.—Not later 
than 30 days after the date of enactment of the 
INVEST in America Act, the Secretary shall 
submit to the Committee on Transportation and 
Infrastructure of the House of Representatives 
and the Committee on Commerce, Science, and 
Transportation of the Senate a report detailing 
a plan to designate a final National Multimodal 
VerDate Sep 11 2014 
22:38 Jan 04, 2021
Jkt 019200
PO 00000
Frm 01001
Fmt 6652
Sfmt 6201
E:\BILLS\H2.RDS
H2
TKELLEY on DSKBCP9HB2PROD with BILLS
1002 
HR 2 RDS
Freight Network, including a detailed summary 
of the resources within the Office of the Sec-
retary that will be dedicated to carrying out 
such plan. 
‘‘(B) 
DESIGNATION
OF
NATIONAL 
MULTIMODAL
FREIGHT
NETWORK.—Not later 
than 60 days after the submission of the report 
described in subparagraph (A),’’; 
(B) in paragraph (3)(C)— 
(i) by inserting ‘‘and metropolitan 
planning organizations’’ after ‘‘States’’; 
and 
(ii) by striking ‘‘paragraph (4)’’ and 
inserting ‘‘paragraphs (4) and (5)’’; 
(C) in paragraph (4)— 
(i) in the header by inserting ‘‘AND 
METROPOLITAN PLANNING ORGANIZATION’’ 
after ‘‘STATE’’; 
(ii) by redesignating subparagraph 
(D) as subparagraph (E); and 
(iii) by striking subparagraph (C) and 
inserting the following: 
‘‘(C) CRITICAL
URBAN
FREIGHT
FACILI-
TIES AND CORRIDORS.— 
VerDate Sep 11 2014 
22:38 Jan 04, 2021
Jkt 019200
PO 00000
Frm 01002
Fmt 6652
Sfmt 6201
E:\BILLS\H2.RDS
H2
TKELLEY on DSKBCP9HB2PROD with BILLS
1003 
HR 2 RDS
‘‘(i) AREA
WITH
A
POPULATION
OF 
OVER 500,000.—In an urbanized area with 
a population of 500,000 or more individ-
uals, the representative metropolitan plan-
ning organization, in consultation with the 
State, may designate a freight facility or 
corridor within the borders of the State as 
a critical urban freight facility or corridor. 
‘‘(ii) AREA WITH A POPULATION OF 
LESS THAN 500,000.—In an urbanized area 
with a population of less than 500,000 in-
dividuals, the State, in consultation with 
the representative metropolitan planning 
organization, may designate a freight facil-
ity or corridor within the borders of the 
State as a critical urban freight corridor. 
‘‘(iii) DESIGNATION.—A designation 
may be made under subparagraph (i) or 
(ii) if the facility or corridor is in an ur-
banized area, regardless of population, and 
such facility or corridor— 
‘‘(I) provides access to the pri-
mary highway freight system, the 
Interstate system, or an intermodal 
freight facility; 
VerDate Sep 11 2014 
22:38 Jan 04, 2021
Jkt 019200
PO 00000
Frm 01003
Fmt 6652
Sfmt 6201
E:\BILLS\H2.RDS
H2
TKELLEY on DSKBCP9HB2PROD with BILLS
1004 
HR 2 RDS
‘‘(II) is located within a corridor 
of a route on the primary highway 
freight system and provides an alter-
native option important to goods 
movement; 
‘‘(III) serves a major freight gen-
erator, logistics center, or manufac-
turing and warehouse industrial land; 
‘‘(IV) connects to an inter-
national port of entry; 
‘‘(V) provides access to a signifi-
cant air, rail, water, or other freight 
facility in the State; or 
‘‘(VI) is important to the move-
ment of freight within the region, as 
determined by the metropolitan plan-
ning organization or the State. 
‘‘(D) LIMITATION.—A State may propose 
additional 
designations 
to 
the 
National 
Multimodal Freight Network in the State in an 
amount that is— 
‘‘(i) for a highway project, not more 
than 20 percent of the total mileage des-
ignated by the Under Secretary in the 
State; and 
VerDate Sep 11 2014 
22:38 Jan 04, 2021
Jkt 019200
PO 00000
Frm 01004
Fmt 6652
Sfmt 6201
E:\BILLS\H2.RDS
H2
TKELLEY on DSKBCP9HB2PROD with BILLS
1005 
HR 2 RDS
‘‘(ii) for a non-highway project, using 
a limitation determined by the Under Sec-
retary.’’; and 
(D) by adding at the end the following: 
‘‘(5) REQUIRED
NETWORK
COMPONENTS.—In 
designating 
or 
redesignating 
the 
National 
Multimodal Freight Network, the Under Secretary 
shall ensure that the National Multimodal Freight 
Network includes the components described in sub-
section (b)(2).’’. 
SEC. 6004. STATE FREIGHT ADVISORY COMMITTEES. 
Section 70201(a) of title 49, United States Code, is 
amended by striking ‘‘and local governments’’ and insert-
ing ‘‘local governments, metropolitan planning organiza-
tions, and the departments with responsibility for environ-
mental protection and air quality of the State’’. 
SEC. 6005. STATE FREIGHT PLANS. 
Section 70202(b) of title 49, United States Code, is 
amended— 
(1) in paragraph (3)(A) by inserting ‘‘and 
urban’’ after ‘‘rural’’; 
(2) in paragraph (9) by striking ‘‘; and’’ and in-
serting a semicolon; 
(3) by redesignating paragraph (10) as para-
graph (12); and 
VerDate Sep 11 2014 
22:38 Jan 04, 2021
Jkt 019200
PO 00000
Frm 01005
Fmt 6652
Sfmt 6201
E:\BILLS\H2.RDS
H2
TKELLEY on DSKBCP9HB2PROD with BILLS
1006 
HR 2 RDS
(4) by inserting after paragraph (9) the fol-
lowing: 
‘‘(10) strategies and goals to decrease freight- 
related— 
‘‘(A) greenhouse gas emissions; 
‘‘(B) local air pollution; 
‘‘(C) stormwater runoff or other adverse 
impacts to water quality; and 
‘‘(D) wildlife habitat loss; 
‘‘(11) strategies and goals to decrease any ad-
verse impact of freight transportation on commu-
nities located near freight facilities or freight cor-
ridors; and’’. 
SEC. 6006. STUDY OF FREIGHT TRANSPORTATION FEE. 
(a) STUDY.—Not later than 90 days after the date 
of enactment of this Act, the Secretary of Transportation, 
in consultation with the Secretary of the Treasury and the 
Commissioner of the Internal Revenue Service, shall es-
tablish a joint task force to study the establishment and 
administration of a fee on multimodal freight surface 
transportation services. 
(b) CONTENTS.—The study required under sub-
section (a) shall include the following: 
VerDate Sep 11 2014 
22:38 Jan 04, 2021
Jkt 019200
PO 00000
Frm 01006
Fmt 6652
Sfmt 6201
E:\BILLS\H2.RDS
H2
TKELLEY on DSKBCP9HB2PROD with BILLS
1007 
HR 2 RDS
(1) An estimation of the revenue that a fee of 
up to 1 percent on freight transportation services 
would raise. 
(2) An identification of the entities that would 
be subject to such a fee paid by the owners or sup-
pliers of cargo. 
(3) An analysis of the administrative capacity 
of Federal agencies and freight industry participants 
to collect such a fee and ensure compliance with fee 
requirements. 
(4) Policy options to prevent avoidance of such 
a fee, including diversion of freight services to for-
eign countries. 
(c) REPORT.—Not later than 1 year after the date 
of enactment of this Act, the Secretary of Transportation 
shall submit to the Committee on Transportation and In-
frastructure and the Committee on Ways and Means of 
the House of Representatives and the Committee on Envi-
ronment and Public Works and the Committee on Finance 
of the Senate the study required under subsection (a). 
SEC. 6007. NATIONAL SURFACE TRANSPORTATION AND IN-
NOVATIVE FINANCE BUREAU. 
Section 116 of title 49, United States Code, is 
amended— 
VerDate Sep 11 2014 
22:38 Jan 04, 2021
Jkt 019200
PO 00000
Frm 01007
Fmt 6652
Sfmt 6201
E:\BILLS\H2.RDS
H2
TKELLEY on DSKBCP9HB2PROD with BILLS
1008 
HR 2 RDS
(1) in subsection (b) by striking paragraph (1) 
and inserting the following: 
‘‘(1) to provide assistance and communicate 
best practices and financing and funding opportuni-
ties to eligible entities for the programs referred to 
in subsection (d)(1), including by— 
‘‘(A) conducting proactive outreach to com-
munities located outside of metropolitan or 
micropolitan statistical areas (as such areas are 
defined by the Office of Management and 
Budget) using data from the most recent decen-
nial Census; and 
‘‘(B) coordinating with the Office of Rural 
Development of the Department of Agriculture, 
the Office of Community Revitalization of the 
Environmental Protection Agency, and any 
other agencies that provide technical assistance 
for rural communities, as determined by the 
Executive Director;’’; 
(2) by redesignating subsection (j) as sub-
section (k); and 
(3) by inserting after subsection (i) the fol-
lowing: 
‘‘(j) ANNUAL PROGRESS REPORT.—Not later than 1 
year after the date of enactment of this subsection, and 
VerDate Sep 11 2014 
22:38 Jan 04, 2021
Jkt 019200
PO 00000
Frm 01008
Fmt 6652
Sfmt 6201
E:\BILLS\H2.RDS
H2
TKELLEY on DSKBCP9HB2PROD with BILLS
1009 
HR 2 RDS
annually thereafter, the Executive Director shall submit 
to the Committee on Transportation and Infrastructure 
of the House of Representatives and the Committee on 
Environment and Public Works of the Senate a report de-
tailing— 
‘‘(1) the use of funds authorized under section 
605(f) of title 23; and 
‘‘(2) the progress of the Bureau in carrying out 
the purposes described in subsection (b).’’. 
SEC. 6008. LOCAL HIRE. 
(a) ESTABLISHMENT.—The Secretary of Transpor-
tation shall immediately reinstate the local labor hiring 
pilot program containing the contracting initiative estab-
lished by the Secretary and published in the Federal Reg-
ister on March 6, 2015 (80 Fed. Reg. 12257), under the 
same terms, conditions, and requirements as so published. 
(b) DURATION.—The Secretary shall continue the 
local labor hiring pilot program reinstated under this sec-
tion through September 30, 2025. 
SEC. 6009. FTE CAP. 
The Secretary of Transportation may not employ 
more than 15 full-time equivalent positions in any fiscal 
year in the Immediate Office of the Secretary. 
VerDate Sep 11 2014 
22:38 Jan 04, 2021
Jkt 019200
PO 00000
Frm 01009
Fmt 6652
Sfmt 6201
E:\BILLS\H2.RDS
H2
TKELLEY on DSKBCP9HB2PROD with BILLS
1010 
HR 2 RDS
SEC. 6010. IDENTIFICATION OF COVID–19 TESTING NEEDS 
OF CRITICAL INFRASTRUCTURE EMPLOYEES. 
(a) IN GENERAL.—The Secretary of Transportation 
shall— 
(1) adopt, for use by the Department of Trans-
portation in carrying out response efforts relating to, 
and operations during, the Coronavirus Disease 
2019 (COVID–19) pandemic, the categorization of 
‘‘essential critical infrastructure workers’’ identified 
in the Guidance on the Essential Critical Infrastruc-
ture Workforce published by the Department of 
Homeland Security on March 28, 2020 (or a subse-
quent version of such guidance); and 
(2) coordinate with the Director of the Centers 
for Disease Control and Prevention and the Admin-
istrator of the Federal Emergency Management 
Agency to support efforts of State and local govern-
ments to provide for— 
(A) priority testing of essential critical in-
frastructure workers (as such term is used in 
paragraph (1)) with respect to COVID–19; and 
(B) priority access to personal protective 
equipment, sanitizers, nonmedical-grade facial 
coverings, and other health-related or protective 
supplies necessary to safely perform essential 
critical infrastructure work. 
VerDate Sep 11 2014 
22:38 Jan 04, 2021
Jkt 019200
PO 00000
Frm 01010
Fmt 6652
Sfmt 6201
E:\BILLS\H2.RDS
H2
TKELLEY on DSKBCP9HB2PROD with BILLS
1011 
HR 2 RDS
(b) APPLICATION.—Nothing in this section requires 
the provision of priority testing or priority access to per-
sonal protective equipment for essential critical infrastruc-
ture workers (as such term is used in subsection (a)(1)) 
to be prioritized over the provision of that testing or access 
to personal protective equipment for other individuals who 
are identified by the Centers for Disease Control and Pre-
vention or any other relevant Federal, State, or local agen-
cy as having a higher priority for that testing or access 
to personal protective equipment, including— 
(1) patients; 
(2) healthcare workers; and 
(3) first responders. 
SEC. 6011. RAIL COVERING. 
Not later than 1 year after the date of enactment 
of this Act, the Administrator of the Federal Railroad Ad-
ministration shall issue such regulations as are necessary 
to require municipal waste transported by rail to be com-
pletely covered while in transit, including while being held, 
delayed, or transferred. 
VerDate Sep 11 2014 
22:38 Jan 04, 2021
Jkt 019200
PO 00000
Frm 01011
Fmt 6652
Sfmt 6201
E:\BILLS\H2.RDS
H2
TKELLEY on DSKBCP9HB2PROD with BILLS
1012 
HR 2 RDS
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)— 
(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) 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 
VerDate Sep 11 2014 
22:38 Jan 04, 2021
Jkt 019200
PO 00000
Frm 01012
Fmt 6652
Sfmt 6201
E:\BILLS\H2.RDS
H2
TKELLEY on DSKBCP9HB2PROD with BILLS
1013 
HR 2 RDS
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 
of title 49, if the loan is repayable from non-Federal 
funds.’’. 
(c) 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).’’. 
(d) 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 
VerDate Sep 11 2014 
22:38 Jan 04, 2021
Jkt 019200
PO 00000
Frm 01013
Fmt 6652
Sfmt 6201
E:\BILLS\H2.RDS
H2
TKELLEY on DSKBCP9HB2PROD with BILLS
1014 
HR 2 RDS
‘‘(ii) the additional criteria described 
in subparagraph (B). 
‘‘(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 
VerDate Sep 11 2014 
22:38 Jan 04, 2021
Jkt 019200
PO 00000
Frm 01014
Fmt 6652
Sfmt 6201
E:\BILLS\H2.RDS
H2
TKELLEY on DSKBCP9HB2PROD with BILLS
1015 
HR 2 RDS
the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.). 
‘‘(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.’’. 
(e) 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’’. 
(f) 
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 
(3) by adding at the end the following: 
‘‘(vi) whether the project is located in 
a 
metropolitan 
statistical 
area, 
VerDate Sep 11 2014 
22:38 Jan 04, 2021
Jkt 019200
PO 00000
Frm 01015
Fmt 6652
Sfmt 6201
E:\BILLS\H2.RDS
H2
TKELLEY on DSKBCP9HB2PROD with BILLS
1016 
HR 2 RDS
micropolitan statistical area, or neither (as 
such areas are defined by the Office of 
Management and Budget).’’. 
(g) 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; 
‘‘(B) the name of the project; 
‘‘(C) the date on which the letter of inter-
est or application was received; 
VerDate Sep 11 2014 
22:38 Jan 04, 2021
Jkt 019200
PO 00000
Frm 01016
Fmt 6652
Sfmt 6201
E:\BILLS\H2.RDS
H2
TKELLEY on DSKBCP9HB2PROD with BILLS
1017 
HR 2 RDS
‘‘(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.’’. 
DIVISION C—HAZARDOUS 
MATERIALS TRANSPORTATION 
SEC. 8001. SHORT TITLE. 
This division may be cited as the ‘‘Improving Haz-
ardous Materials Safety Act of 2020’’. 
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) $67,000,000 for fiscal year 2021; 
‘‘(2) $68,000,000 for fiscal year 2022; 
‘‘(3) $69,000,000 for fiscal year 2023; 
‘‘(4) $71,000,000 for fiscal year 2024; and 
‘‘(5) $72,000,000 for fiscal year 2025;’’; 
(2) in subsection (b)— 
(A) by striking ‘‘fiscal years 2016 through 
2020’’ and inserting ‘‘fiscal years 2021 through 
2025’’; and 
VerDate Sep 11 2014 
22:38 Jan 04, 2021
Jkt 019200
PO 00000
Frm 01017
Fmt 6652
Sfmt 6201
E:\BILLS\H2.RDS
H2
TKELLEY on DSKBCP9HB2PROD with BILLS
1019 
HR 2 RDS
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 
(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’’; 
VerDate Sep 11 2014 
22:38 Jan 04, 2021
Jkt 019200
PO 00000
Frm 01019
Fmt 6652
Sfmt 6201
E:\BILLS\H2.RDS
H2
TKELLEY on DSKBCP9HB2PROD with BILLS
1020 
HR 2 RDS
(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.’’. 
SEC. 8202. TRANSPORTATION OF LIQUEFIED NATURAL GAS 
BY RAIL TANK CAR. 
(a) EVALUATION.—Not later than 120 days after the 
date of enactment of this Act, the Administrator of the 
Federal Railroad Administration, in coordination with the 
Administrator of the Pipeline and Hazardous Materials 
Safety Administration, shall initiate an evaluation of the 
safety, security, and environmental risks of transporting 
liquefied natural gas by rail. 
(b) TESTING.—In conducting the evaluation under 
subsection (a), the Administrator of the Federal Railroad 
Administration shall— 
(1) perform physical testing of rail tank cars, 
including, at a minimum, the DOT–113 specifica-
tion, to evaluate the performance of such rail tank 
cars in the event of an accident or derailment, in-
VerDate Sep 11 2014 
22:38 Jan 04, 2021
Jkt 019200
PO 00000
Frm 01020
Fmt 6652
Sfmt 6201
E:\BILLS\H2.RDS
H2
TKELLEY on DSKBCP9HB2PROD with BILLS
1021 
HR 2 RDS
cluding evaluation of the extent to which design and 
construction features such as steel thickness and 
valve protections prevent or mitigate the release of 
liquefied natural gas; 
(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. 
(c) OTHER FACTORS TO CONSIDER.—In conducting 
the evaluation under subsection (a), the Administrator of 
the Federal Railroad Administration shall evaluate the im-
pact of a discharge of liquefied natural gas from a rail 
tank car on public safety and the environment, and con-
sider— 
VerDate Sep 11 2014 
22:38 Jan 04, 2021
Jkt 019200
PO 00000
Frm 01021
Fmt 6652
Sfmt 6201
E:\BILLS\H2.RDS
H2
TKELLEY on DSKBCP9HB2PROD with BILLS
1022 
HR 2 RDS
(1) the benefits of route restrictions, speed re-
strictions, enhanced brake requirements, personnel 
requirements, rail tank car technological require-
ments, and other operating controls; 
(2) the advisability of consist restrictions, in-
cluding 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; 
VerDate Sep 11 2014 
22:38 Jan 04, 2021
Jkt 019200
PO 00000
Frm 01022
Fmt 6652
Sfmt 6201
E:\BILLS\H2.RDS
H2
TKELLEY on DSKBCP9HB2PROD with BILLS
1023 
HR 2 RDS
(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-
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. 
(d) 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 (a) and (b), 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 
VerDate Sep 11 2014 
22:38 Jan 04, 2021
Jkt 019200
PO 00000
Frm 01023
Fmt 6652
Sfmt 6201
E:\BILLS\H2.RDS
H2
TKELLEY on DSKBCP9HB2PROD with BILLS
1025 
HR 2 RDS
tion and the Pipeline and Hazardous Materials Safety Ad-
ministration complied with the requirements of this Act, 
and transmit 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 a report on the findings of such independent eval-
uation. 
(g) RULEMAKINGS.— 
(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 be stayed until the Secretary conducts the 
evaluation, testing, and analysis required in sub-
sections (a), (b), and (c), issues the report required 
by subsection (d), and the Comptroller General com-
pletes the evaluation and report required under sub-
section (f). 
(2) PERMIT OR APPROVAL.—The Secretary of 
Transportation shall rescind any special permit or 
approval for the transportation of liquefied natural 
gas by rail tank car issued before the date of enact-
ment of this Act. 
VerDate Sep 11 2014 
22:38 Jan 04, 2021
Jkt 019200
PO 00000
Frm 01025
Fmt 6652
Sfmt 6201
E:\BILLS\H2.RDS
H2
TKELLEY on DSKBCP9HB2PROD with BILLS
1026 
HR 2 RDS
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 make grants to 
nonprofit organizations to develop hazardous materials re-
sponse training for emergency responders and make such 
training available electronically or in person.’’. 
SEC. 8204. PIPELINE AND HAZARDOUS MATERIALS SAFETY 
ADMINISTRATION 
REPORTING 
TRANS-
PARENCY REQUIREMENTS. 
The Secretary of Transportation shall ensure that the 
Pipeline and Hazardous Materials Safety Administration 
shares with all relevant stakeholders, including State and 
local governments, all materials and information received, 
reviewed, or produced related to pipeline leaks, damage, 
or disruption, as soon as possible. 
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’’. 
TITLE I—AUTHORIZATIONS 
SEC. 9101. AUTHORIZATION OF APPROPRIATIONS. 
(a) AUTHORIZATION OF GRANTS TO AMTRAK.— 
VerDate Sep 11 2014 
22:38 Jan 04, 2021
Jkt 019200
PO 00000
Frm 01026
Fmt 6652
Sfmt 6201
E:\BILLS\H2.RDS
H2
TKELLEY on DSKBCP9HB2PROD with BILLS
1027 
HR 2 RDS
(1) NORTHEAST CORRIDOR.—There are author-
ized to be appropriated to the Secretary for the use 
of Amtrak for activities associated with the North-
east Corridor the following amounts: 
(A) For fiscal year 2021, $2,900,000,000. 
(B) For fiscal year 2022, $2,700,000,000. 
(C) For fiscal year 2023, $2,500,000,000. 
(D) For fiscal year 2024, $2,500,000,000. 
(E) For fiscal year 2025, $2,500,000,000. 
(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 2021, $3,450,000,000. 
(B) For fiscal year 2022, $3,250,000,000. 
(C) For fiscal year 2023, $3,050,000,000. 
(D) For fiscal year 2024, $2,850,000,000. 
(E) For fiscal year 2025, $2,850,000,000. 
(b) PROJECT MANAGEMENT OVERSIGHT.—The Sec-
retary may withhold up to $15,000,000 for each of fiscal 
years 2021 through 2025 from the amounts made avail-
able under subsection (a) for Amtrak grant expenditure 
oversight. 
(c) AMTRAK COMMON BENEFIT COSTS FOR STATE- 
SUPPORTED ROUTES.—For any fiscal year in which funds 
VerDate Sep 11 2014 
22:38 Jan 04, 2021
Jkt 019200
PO 00000
Frm 01027
Fmt 6652
Sfmt 6201
E:\BILLS\H2.RDS
H2
TKELLEY on DSKBCP9HB2PROD with BILLS
1028 
HR 2 RDS
are made available under subsection (a)(2) in excess of 
the amounts authorized for fiscal year 2020 under section 
11101(b) of the FAST Act (Public Law 114–94), Amtrak 
shall use up to $250,000,000 of the excess funds to defray 
the share of operating costs of Amtrak’s national assets 
(as such term is defined in section 24320(c)(5) of title 
49, United States Code) and corporate services (as such 
term is defined pursuant to section 24317(b) of title 49, 
United States Code) that is allocated to the State-sup-
ported services. 
(d) STATE-SUPPORTED ROUTE COMMITTEE.—Of the 
funds made available under subsection (a)(2), the Sec-
retary may make available up to $3,000,000 for each fis-
cal year for the State-Supported Route Committee estab-
lished under section 24712 of title 49, United States Code. 
(e) NORTHEAST CORRIDOR COMMISSION.—Of the 
funds made available under subsection (a)(1), the Sec-
retary may make available up to $6,000,000 for each fis-
cal year for the Northeast Corridor Commission estab-
lished under section 24905 of title 49, United States Code. 
(f) AUTHORIZATION OF APPROPRIATIONS FOR AM-
TRAK OFFICE OF INSPECTOR GENERAL.—There are au-
thorized to be appropriated to the Office of Inspector Gen-
eral of Amtrak the following amounts: 
(1) For fiscal year 2021, $26,500,000. 
VerDate Sep 11 2014 
22:38 Jan 04, 2021
Jkt 019200
PO 00000
Frm 01028
Fmt 6652
Sfmt 6201
E:\BILLS\H2.RDS
H2
TKELLEY on DSKBCP9HB2PROD with BILLS
1029 
HR 2 RDS
(2) For fiscal year 2022, $27,000,000. 
(3) For fiscal year 2023, $27,500,000. 
(4) For fiscal year 2024, $28,000,000. 
(5) For fiscal year 2025, $28,500,000. 
(g) PASSENGER RAIL IMPROVEMENT, MODERNIZA-
TION, AND ENHANCEMENT GRANTS.—There are author-
ized to be appropriated to the Secretary to carry out sec-
tion 22906 of title 49, United States Code, the following 
amounts: 
(1) For fiscal year 2021, $3,800,000,000. 
(2) For fiscal year 2022, $3,800,000,000. 
(3) For fiscal year 2023, $3,800,000,000. 
(4) For fiscal year 2024, $3,800,000,000. 
(5) For fiscal year 2025, $3,800,000,000. 
(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 2021, $1,400,000,000. 
(B) For fiscal year 2022, $1,400,000,000. 
(C) For fiscal year 2023, $1,400,000,000. 
(D) For fiscal year 2024, $1,400,000,000. 
(E) For fiscal year 2025, $1,400,000,000. 
VerDate Sep 11 2014 
22:38 Jan 04, 2021
Jkt 019200
PO 00000
Frm 01029
Fmt 6652
Sfmt 6201
E:\BILLS\H2.RDS
H2
TKELLEY on DSKBCP9HB2PROD with BILLS
1030 
HR 2 RDS
(2) PROJECT MANAGEMENT OVERSIGHT.—The 
Secretary may withhold up to 1 percent from the 
amount appropriated under paragraph (1) for the 
costs of project management oversight of grants car-
ried out under section 22907 of title 49, United 
States Code. 
(i) 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 9104 of 
this division and section 502 of the Railroad Revital-
ization and Regulatory Reform Act of 1976 (45 
U.S.C. 822) $180,000,000 for each of fiscal years 
2021 through 2025, to remain available until ex-
pended. 
(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) in ac-
cordance with section 9104. 
(j) RESTORATION AND ENHANCEMENT GRANTS.— 
(1) IN GENERAL.—There are authorized to be 
appropriated to the Secretary to carry out section 
VerDate Sep 11 2014 
22:38 Jan 04, 2021
Jkt 019200
PO 00000
Frm 01030
Fmt 6652
Sfmt 6201
E:\BILLS\H2.RDS
H2
TKELLEY on DSKBCP9HB2PROD with BILLS
1031 
HR 2 RDS
22908 of title 49, United States Code, $20,000,000 
for each of fiscal years 2021 through 2025. 
(2) PROJECT MANAGEMENT OVERSIGHT.—The 
Secretary may withhold up to 1 percent from the 
amount appropriated under paragraph (1) for the 
costs of project management oversight of grants car-
ried out under section 22908 of title 49, United 
States Code. 
(k) GRADE CROSSING SEPARATION GRANTS.— 
(1) IN GENERAL.—There are authorized to be 
appropriated to the Secretary to carry out section 
20171 of title 49, United States Code, (as added by 
section 9551 of this Act) the following amounts: 
(A) For fiscal year 2021, $450,000,000. 
(B) For fiscal year 2022, $475,000,000. 
(C) For fiscal year 2023, $500,000,000. 
(D) For fiscal year 2024, $525,000,000. 
(E) For fiscal year 2025, $550,000,000. 
(2) PROJECT MANAGEMENT OVERSIGHT.—The 
Secretary may withhold up to 1 percent from the 
amount appropriated under paragraph (1) for the 
costs of project management oversight of grants car-
ried out under section 20171 of title 49, United 
States Code. 
VerDate Sep 11 2014 
22:38 Jan 04, 2021
Jkt 019200
PO 00000
Frm 01031
Fmt 6652
Sfmt 6201
E:\BILLS\H2.RDS
H2
TKELLEY on DSKBCP9HB2PROD with BILLS
1032 
HR 2 RDS
(l) RAIL SAFETY PUBLIC AWARENESS GRANTS.—Of 
the amounts made available under subsection (k), the Sec-
retary shall make available $5,000,000 for each of fiscal 
years 2021 through 2025 to carry out section 20172 of 
title 49, United States Code, (as added by section 9552 
of this Act). 
(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) $229,000,000 for fiscal year 2021; 
‘‘(B) $231,000,000 for fiscal year 2022; 
‘‘(C) $233,000,000 for fiscal year 2023; 
‘‘(D) $235,000,000 for fiscal year 2024; 
and 
‘‘(E) $237,000,000 for fiscal year 2025. 
‘‘(2) AUTOMATED TRACK INSPECTION PROGRAM 
AND DATA ANALYSIS.—From the funds made avail-
VerDate Sep 11 2014 
22:38 Jan 04, 2021
Jkt 019200
PO 00000
Frm 01032
Fmt 6652
Sfmt 6201
E:\BILLS\H2.RDS
H2
TKELLEY on DSKBCP9HB2PROD with BILLS
1033 
HR 2 RDS
able under paragraph (1) for each of fiscal years 
2021 through 2025, not more than $17,000,000 
may be expended for the Automated Track Inspec-
tion Program and data analysis related to track in-
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. 
‘‘(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) $42,000,000 for fiscal year 2021. 
‘‘(B) $44,000,000 for fiscal year 2022. 
‘‘(C) $46,000,000 for fiscal year 2023. 
‘‘(D) $48,000,000 for fiscal year 2024. 
‘‘(E) $50,000,000 for fiscal year 2025. 
‘‘(2) STUDY
ON
LNG
BY
RAIL.—From the 
amounts made available for fiscal years 2021 
through 2025 under paragraph (1), the Secretary 
VerDate Sep 11 2014 
22:38 Jan 04, 2021
Jkt 019200
PO 00000
Frm 01033
Fmt 6652
Sfmt 6201
E:\BILLS\H2.RDS
H2
TKELLEY on DSKBCP9HB2PROD with BILLS
1034 
HR 2 RDS
shall expend not less than $6,000,000 and not more 
than $8,000,000 to carry out the evaluation of 
transporting liquefied natural gas by rail under sec-
tion 8202 of the TRAIN Act. 
‘‘(3) STUDY
ON
SAFETY
CULTURE
ASSESS-
MENTS.—From the amounts made available for fis-
cal year 2021 under paragraph (1), the Secretary 
shall expend such sums as are necessary to carry out 
the study on safety culture assessments under sec-
tion 9517 of the TRAIN Act. 
‘‘(4) SHORT LINE SAFETY.—From funds made 
available under paragraph (1) for each of fiscal 
years 2021 through 2025, 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 
railroads; and 
‘‘(B) to develop safety management sys-
tems for Class II and Class III freight railroads 
through safety culture assessments, training 
and education, outreach activities, and technical 
assistance.’’. 
(n) FATIGUE REDUCTION PILOT PROJECTS.—There 
are authorized to be appropriated to the Secretary for 
costs associated with carrying out section 21109(e) of title 
VerDate Sep 11 2014 
22:38 Jan 04, 2021
Jkt 019200
PO 00000
Frm 01034
Fmt 6652
Sfmt 6201
E:\BILLS\H2.RDS
H2
TKELLEY on DSKBCP9HB2PROD with BILLS
1035 
HR 2 RDS
49, United States Code, $200,000 to remain available 
until expended. 
(o) 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 
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). 
VerDate Sep 11 2014 
22:38 Jan 04, 2021
Jkt 019200
PO 00000
Frm 01035
Fmt 6652
Sfmt 6201
E:\BILLS\H2.RDS
H2
TKELLEY on DSKBCP9HB2PROD with BILLS
1036 
HR 2 RDS
(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. 
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) ESTABLISHMENT.—The Secretary of Transpor-
tation shall establish a program to make grants for capital 
projects that improve the state of good repair, operational 
performance, or growth of intercity rail passenger trans-
portation. 
‘‘(b) PROJECT SELECTION CRITERIA.— 
‘‘(1) IN GENERAL.—Capital projects eligible for 
a grant under this section include— 
‘‘(A) a project to replace, rehabilitate, or 
repair a major infrastructure asset used for 
VerDate Sep 11 2014 
22:38 Jan 04, 2021
Jkt 019200
PO 00000
Frm 01036
Fmt 6652
Sfmt 6201
E:\BILLS\H2.RDS
H2
TKELLEY on DSKBCP9HB2PROD with BILLS
1037 
HR 2 RDS
providing passenger rail service to bring such 
infrastructure asset into a state of good repair; 
‘‘(B) a project to improve passenger rail 
performance, including congestion mitigation, 
reliability improvements, achievement of on- 
time performance 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 oper-
ating speeds, electrification, and other improve-
ments, as determined by the Secretary; and 
‘‘(C) a project to repair, rehabilitate, re-
place, or build infrastructure to expand or es-
tablish intercity rail passenger transportation 
and facilities, including high-speed rail. 
‘‘(2) REQUIREMENTS.—To be eligible for a 
grant under this section, an applicant shall have, or 
provide documentation of a credible plan to 
achieve— 
‘‘(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 
VerDate Sep 11 2014 
22:38 Jan 04, 2021
Jkt 019200
PO 00000
Frm 01037
Fmt 6652
Sfmt 6201
E:\BILLS\H2.RDS
H2
TKELLEY on DSKBCP9HB2PROD with BILLS
1038 
HR 2 RDS
‘‘(C) an agreement in place for mainte-
nance of such equipment or facilities. 
‘‘(3) PRIORITY.—In selecting an applicant for a 
grant under this section, the Secretary shall give 
preference to capital projects that— 
‘‘(A) are supported by multiple States or 
are included in a regional planning process; or 
‘‘(B) achieve environmental benefits such 
as a reduction in greenhouse gas emissions or 
an improvement in local air quality. 
‘‘(4) ADDITIONAL CONSIDERATIONS.—In select-
ing an applicant for a grant under this section, the 
Secretary shall consider— 
‘‘(A) the cost-benefit analysis of the pro-
posed project, including anticipated public bene-
fits relative to the costs of the proposed project, 
including— 
‘‘(i) effects on system and service per-
formance; 
‘‘(ii) effects on safety, competitive-
ness, reliability, trip or transit time, and 
resilience; 
‘‘(iii) impacts on the overall transpor-
tation system, including efficiencies from 
improved integration with other modes of 
VerDate Sep 11 2014 
22:38 Jan 04, 2021
Jkt 019200
PO 00000
Frm 01038
Fmt 6652
Sfmt 6201
E:\BILLS\H2.RDS
H2
TKELLEY on DSKBCP9HB2PROD with BILLS
1039 
HR 2 RDS
transportation or benefits associated with 
achieving modal shifts; 
‘‘(iv) the ability to meet existing, an-
ticipated, or induced passenger or service 
demand; and 
‘‘(v) projected effects on regional and 
local economies along the corridor, includ-
ing increased competitiveness, productivity, 
efficiency, and economic development; 
‘‘(B) the applicant’s past performance 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. 
‘‘(c) NORTHEAST CORRIDOR PROJECTS.—Of the 
funds made available to carry out this section, not less 
than 40 percent shall be made available for projects in-
cluded in the Northeast Corridor investment plan required 
under section 24904. 
VerDate Sep 11 2014 
22:38 Jan 04, 2021
Jkt 019200
PO 00000
Frm 01039
Fmt 6652
Sfmt 6201
E:\BILLS\H2.RDS
H2
TKELLEY on DSKBCP9HB2PROD with BILLS
1040 
HR 2 RDS
‘‘(d) NATIONAL PROJECTS.—Of the funds made 
available to carry out this section, not less than 40 percent 
shall be made available for— 
‘‘(1) projects on the National Network; 
‘‘(2) high-speed rail projects; and 
‘‘(3) the establishment of new passenger rail 
corridors not located on the Northeast Corridor. 
‘‘(e) FEDERAL SHARE OF TOTAL PROJECT COSTS.— 
‘‘(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 costs for a project 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.— 
VerDate Sep 11 2014 
22:38 Jan 04, 2021
Jkt 019200
PO 00000
Frm 01040
Fmt 6652
Sfmt 6201
E:\BILLS\H2.RDS
H2
TKELLEY on DSKBCP9HB2PROD with BILLS
1041 
HR 2 RDS
‘‘(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 major capital project under this section, 
an amount that is not more than the amount 
stipulated as the financial participation of the 
Secretary in the project; and 
‘‘(B) states that the contingent commit-
ment— 
‘‘(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; 
VerDate Sep 11 2014 
22:38 Jan 04, 2021
Jkt 019200
PO 00000
Frm 01041
Fmt 6652
Sfmt 6201
E:\BILLS\H2.RDS
H2
TKELLEY on DSKBCP9HB2PROD with BILLS
1042 
HR 2 RDS
‘‘(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; 
‘‘(ii) the criteria used under sub-
section (b) for selecting the project for a 
grant; and 
‘‘(iii) a description of how the project 
meets such criteria. 
‘‘(g) APPROPRIATIONS REQUIRED.—An obligation or 
administrative commitment may be made under this sec-
tion only when amounts are appropriated for such pur-
pose. 
‘‘(h) GRANT ADMINISTRATION.—The Secretary may 
withhold up to 1 percent of the total amount made avail-
able to carry out this section for program oversight and 
management, including providing technical assistance and 
project planning guidance. 
‘‘(i) REGIONAL PLANNING GUIDANCE.—The Sec-
retary may withhold up to half a percent of the total 
VerDate Sep 11 2014 
22:38 Jan 04, 2021
Jkt 019200
PO 00000
Frm 01042
Fmt 6652
Sfmt 6201
E:\BILLS\H2.RDS
H2
TKELLEY on DSKBCP9HB2PROD with BILLS
1043 
HR 2 RDS
amount made available to carry out this section to facili-
tate and provide guidance for regional planning processes. 
‘‘(j) AVAILABILITY.—Amounts made available to 
carry out this section shall remain available until ex-
pended. 
‘‘(k) GRANT CONDITIONS.—Except as specifically 
provided in this section, the use of any amounts appro-
priated 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 grants provided to Amtrak in lieu of the require-
ments of section 22905(a). 
‘‘(l) DEFINITIONS.—In this section: 
‘‘(1) 
APPLICANT.—The 
term 
‘applicant’ 
means— 
‘‘(A) a State; 
‘‘(B) a group of States; 
‘‘(C) an Interstate Compact; 
‘‘(D) a public agency or publicly chartered 
authority established by one or more States; 
‘‘(E) a political subdivision of a State; or 
‘‘(F) Amtrak, acting on its own behalf or 
under a cooperative agreement with one or 
more States. 
VerDate Sep 11 2014 
22:38 Jan 04, 2021
Jkt 019200
PO 00000
Frm 01043
Fmt 6652
Sfmt 6201
E:\BILLS\H2.RDS
H2
TKELLEY on DSKBCP9HB2PROD with BILLS
1044 
HR 2 RDS
‘‘(2) CAPITAL
PROJECT.—The term ‘capital 
project’ means— 
‘‘(A) acquisition, construction, replace-
ment, rehabilitation, or repair of major infra-
structure assets or equipment that benefit 
intercity rail passenger transportation, includ-
ing tunnels, bridges, stations, track, electrifica-
tion, grade crossings, passenger rolling stock, 
and other assets, as determined by the Sec-
retary; 
‘‘(B) projects that ensure service can be 
maintained while existing assets are rehabili-
tated or replaced; and 
‘‘(C) project planning, development, de-
sign, and environmental analysis related to 
projects under subsections (A) and (B). 
‘‘(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 
26106(b). 
VerDate Sep 11 2014 
22:38 Jan 04, 2021
Jkt 019200
PO 00000
Frm 01044
Fmt 6652
Sfmt 6201
E:\BILLS\H2.RDS
H2
TKELLEY on DSKBCP9HB2PROD with BILLS
1045 
HR 2 RDS
‘‘(5) 
NORTHEAST
CORRIDOR.—The 
term 
‘Northeast Corridor’ has the meaning given such 
term in section 24102. 
‘‘(6) NATIONAL
NETWORK.—The term ‘Na-
tional Network’ has the meaning given such term in 
section 24102. 
‘‘(7) STATE.—The term ‘State’ means each of 
the 50 States and the District of Columbia.’’. 
(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.’’. 
SEC. 9103. CONSOLIDATED RAIL INFRASTRUCTURE AND 
SAFETY IMPROVEMENT GRANTS. 
Section 22907 of title 49, United States Code, is 
amended— 
(1) in subsection (b) by adding at the end the 
following: 
‘‘(12) A commuter authority (as such term is 
defined in section 24102). 
‘‘(13) The District of Columbia.’’; 
(2) in subsection (c)— 
(A) in paragraph (1) by inserting ‘‘, main-
tenance, and upgrades’’ after ‘‘Deployment’’; 
(B) in paragraph (2) by striking ‘‘as de-
fined in section 22901(2), except that a project 
VerDate Sep 11 2014 
22:38 Jan 04, 2021
Jkt 019200
PO 00000
Frm 01045
Fmt 6652
Sfmt 6201
E:\BILLS\H2.RDS
H2
TKELLEY on DSKBCP9HB2PROD with BILLS
1046 
HR 2 RDS
shall not be required to be in a State rail plan 
developed under chapter 227’’; 
(C) in paragraph (3) by inserting ‘‘or safe-
ty’’ after ‘‘address congestion’’; 
(D) in paragraph (4) by striking ‘‘identi-
fied by the Secretary’’ and all that follows 
through ‘‘rail transportation’’ and inserting ‘‘to 
reduce congestion, improve service, or facilitate 
ridership growth in intercity rail passenger 
transportation and commuter rail passenger 
transportation (as such term is defined in sec-
tion 24102)’’; 
(E) in paragraph (5) by inserting ‘‘or to 
establish new quiet zones’’ before the period at 
the end; and 
(F) in paragraph (9) by inserting ‘‘or com-
muter rail passenger transportation (as such 
term is defined in section 24102)’’ after ‘‘be-
tween intercity rail passenger transportation’’; 
(3) in subsection (e)— 
(A) by striking paragraph (1) and insert-
ing the following: 
‘‘(1) IN GENERAL.—In selecting a recipient of 
a grant for an eligible project, the Secretary shall 
give preference to— 
VerDate Sep 11 2014 
22:38 Jan 04, 2021
Jkt 019200
PO 00000
Frm 01046
Fmt 6652
Sfmt 6201
E:\BILLS\H2.RDS
H2
TKELLEY on DSKBCP9HB2PROD with BILLS
1047 
HR 2 RDS
‘‘(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 benefit a station that— 
‘‘(i) serves Amtrak and commuter rail; 
‘‘(ii) is listed amongst the 25 stations 
with highest ridership in the most recent 
Amtrak Company Profile; and 
‘‘(iii) has support from both Amtrak 
and the provider of commuter rail pas-
senger transportation servicing the sta-
tion.’’; and 
(B) in paragraph (3) by striking ‘‘para-
graph 
(1)(B)’’ 
and 
inserting 
‘‘paragraph 
(1)(A)’’; 
(4) in subsection (l) by striking ‘‘Secretary 
shall’’ and inserting ‘‘Secretary may’’; 
(5) by redesignating subsections (i), (j), (k), 
and (l) as subsections (l), (m), (n), and (o), respec-
tively; and 
VerDate Sep 11 2014 
22:38 Jan 04, 2021
Jkt 019200
PO 00000
Frm 01047
Fmt 6652
Sfmt 6201
E:\BILLS\H2.RDS
H2
TKELLEY on DSKBCP9HB2PROD with BILLS
1048 
HR 2 RDS
(6) by inserting after subsection (h) the fol-
lowing: 
‘‘(i) LARGE PROJECTS.—Of the amounts made avail-
able under this section, at least 50 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.—As a condition of re-
ceiving a grant under this section that is used 
to acquire, construct, or improve railroad 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 of 1974 (45 
U.S.C. 231 et seq.) who is adversely affected by 
actions taken in connection with the project fi-
nanced in whole or in part by such grant shall 
be covered by employee protective arrangements 
established under section 22905(e). 
VerDate Sep 11 2014 
22:38 Jan 04, 2021
Jkt 019200
PO 00000
Frm 01048
Fmt 6652
Sfmt 6201
E:\BILLS\H2.RDS
H2
TKELLEY on DSKBCP9HB2PROD with BILLS
1049 
HR 2 RDS
‘‘(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.—Subsections (g) 
and (f)(1) of section 22905 shall not apply to grants 
awarded under this section for commuter rail pas-
senger transportation projects. 
‘‘(k) DEFINITION OF CAPITAL PROJECT.—In this 
section, the term ‘capital project’ means a project or pro-
gram for— 
‘‘(1) acquiring, constructing, improving, or in-
specting equipment, track and track structures, or a 
facility, expenses incidental to the acquisition or con-
struction (including designing, engineering, location 
surveying, mapping, environmental studies, and ac-
quiring rights-of-way), payments for the capital por-
tions of rail trackage rights agreements, highway- 
VerDate Sep 11 2014 
22:38 Jan 04, 2021
Jkt 019200
PO 00000
Frm 01049
Fmt 6652
Sfmt 6201
E:\BILLS\H2.RDS
H2
TKELLEY on DSKBCP9HB2PROD with BILLS
1050 
HR 2 RDS
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 rail 
plans; and 
‘‘(4) the first-dollar liability costs for insurance 
related to the provision of intercity passenger rail 
service under section 22904.’’. 
SEC. 9104. RAILROAD REHABILITATION AND IMPROVE-
MENT FINANCING. 
Section 502 of the Railroad Revitalization and Regu-
latory Reform Act of 1976 (45 U.S.C. 822) is amended— 
(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 
VerDate Sep 11 2014 
22:38 Jan 04, 2021
Jkt 019200
PO 00000
Frm 01050
Fmt 6652
Sfmt 6201
E:\BILLS\H2.RDS
H2
TKELLEY on DSKBCP9HB2PROD with BILLS
1051 
HR 2 RDS
(B) by striking paragraph (3); 
(2) in subsection (f)— 
(A) in paragraph (3) by adding at the end 
the following: 
‘‘(D) A projection of freight or passenger 
demand for the project based on regionally de-
veloped economic forecasts, including projec-
tions of any modal diversion resulting from the 
project.’’; and 
(B) in paragraph (4)— 
(i) by inserting ‘‘In the case of an ap-
plicant seeking a loan that is less than 50 
percent of the total cost of the project, half 
of the credit risk premiums under this sub-
section shall be paid to the Secretary be-
fore the disbursement of loan amounts and 
the remaining half shall be paid to the Sec-
retary in equal amounts semiannually and 
fully paid not later than 10 years after the 
first loan disbursement is executed.’’ after 
‘‘modifications thereof.’’; 
(ii) by striking ‘‘Credit risk pre-
miums’’ and inserting ‘‘(A) TIMING
OF 
PAYMENT.—Credit risk premiums’’; and 
VerDate Sep 11 2014 
22:38 Jan 04, 2021
Jkt 019200
PO 00000
Frm 01051
Fmt 6652
Sfmt 6201
E:\BILLS\H2.RDS
H2
TKELLEY on DSKBCP9HB2PROD with BILLS
1052 
HR 2 RDS
(iii) by adding at the end the fol-
lowing: 
‘‘(B) PAYMENT
OF
CREDIT
RISK
PRE-
MIUMS.— 
‘‘(i) IN GENERAL.—In granting assist-
ance under this section, the Secretary may 
pay credit risk premiums required under 
paragraph (3) for entities described in 
paragraphs (1) through (3) of subsection 
(a), in whole or in part, with respect to a 
loan or loan guarantee. 
‘‘(ii) SET-ASIDE.—Of the amounts 
made available for payments for a fiscal 
year under clause (i), the Secretary shall 
reserve $175,000,000 for payments for 
passenger rail projects, to remain available 
until expended. 
‘‘(C) REFUND
OF
PREMIUM.—The Sec-
retary shall repay the credit risk premium of 
each loan in cohort 3, as defined by the memo-
randum to the Office of Management and 
Budget of the Department of Transportation 
dated November 5, 2018, with interest accrued 
thereon, not later than 60 days after the date 
on which all obligations attached to each such 
VerDate Sep 11 2014 
22:38 Jan 04, 2021
Jkt 019200
PO 00000
Frm 01052
Fmt 6652
Sfmt 6201
E:\BILLS\H2.RDS
H2
TKELLEY on DSKBCP9HB2PROD with BILLS
1053 
HR 2 RDS
loan have been satisfied. For each such loan for 
which obligations have been satisfied as of the 
date of enactment of the TRAIN 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 en-
actment of such Act.’’; and 
(3) by adding at the end the following: 
‘‘(n) NON-FEDERAL SHARE.—The proceeds of a loan 
provided under this section may be used as the non-Fed-
eral share of project costs under this title or chapter 53 
of 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), 
VerDate Sep 11 2014 
22:38 Jan 04, 2021
Jkt 019200
PO 00000
Frm 01053
Fmt 6652
Sfmt 6201
E:\BILLS\H2.RDS
H2
TKELLEY on DSKBCP9HB2PROD with BILLS
1054 
HR 2 RDS
as applicable, to comply with section 5320 of 
title 49, United States Code.’’. 
SEC. 9105. BUY AMERICA. 
Section 22905(a) of title 49, United States Code, is 
amended— 
(1) in paragraph (2)— 
(A) in subparagraph (B) by adding ‘‘or’’ at 
the end; 
(B) by striking subparagraph (C); and 
(C) by redesignating subparagraph (D) as 
subparagraph (C); 
(2) by striking paragraph (4) and inserting the 
following: 
‘‘(4)(A) If the Secretary receives a request for 
a waiver under paragraph (2), the Secretary shall 
provide notice of and an opportunity for public com-
ment on the request at least 30 days before making 
a finding based on the request. 
‘‘(B) A notice provided under subparagraph (A) 
shall— 
‘‘(i) include the information available to 
the Secretary concerning the request, including 
whether the request is being made under sub-
paragraph (A), (B), or (C) of paragraph (2); 
and 
VerDate Sep 11 2014 
22:38 Jan 04, 2021
Jkt 019200
PO 00000
Frm 01054
Fmt 6652
Sfmt 6201
E:\BILLS\H2.RDS
H2
TKELLEY on DSKBCP9HB2PROD with BILLS
1055 
HR 2 RDS
‘‘(ii) be provided by electronic means, in-
cluding on the official public website of the De-
partment of Transportation.’’; 
(3) in paragraph (5)— 
(A) by striking ‘‘2012’’ and inserting 
‘‘2020, and each year thereafter’’; and 
(B) by inserting ‘‘during the preceding fis-
cal year’’ before the period; and 
(4) by adding at the end the following: 
‘‘(12) The requirements of this subsection apply 
to all contracts for a project carried out within the 
scope of the applicable finding, determination, or de-
cisions under the National Environmental Policy Act 
of 1969 (42 U.S.C. 4321 et seq.), regardless of the 
funding source for activities carried out pursuant to 
such contracts, if at least 1 contract for the project 
is funded with amounts made available to carry out 
a provision specified in paragraph (1).’’. 
SEC. 9106. RAIL NETWORK CLIMATE CHANGE VULNER-
ABILITY ASSESSMENT. 
(a) IN GENERAL.—The Secretary of Transportation 
shall sponsor a study by the National Academies to con-
duct an assessment of the potential impacts of climate 
change on the national rail network. 
VerDate Sep 11 2014 
22:38 Jan 04, 2021
Jkt 019200
PO 00000
Frm 01055
Fmt 6652
Sfmt 6201
E:\BILLS\H2.RDS
H2
TKELLEY on DSKBCP9HB2PROD with BILLS
1056 
HR 2 RDS
(b) ASSESSMENT.—At a minimum, the assessment 
conducted pursuant to subsection (a) shall— 
(1) cover the entire freight and intercity pas-
senger rail network of the United States; 
(2) evaluate risk to the network over 5-, 30-, 
and 50-year outlooks; 
(3) examine and describe potential effects of cli-
mate change and extreme weather events on pas-
senger and freight rail infrastructure, trackage, and 
facilities, including facilities owned by rail shippers; 
(4) identify and categorize the assets described 
in paragraph (3) by vulnerability level and geo-
graphic area; and 
(5) recommend strategies or measures to miti-
gate any adverse impacts of climate change, includ-
ing emergency preparedness measures and resiliency 
best practices for infrastructure planning. 
(c) REPORT.—Not later than 18 months after the 
date of enactment of this Act, the Secretary shall submit 
to the Committee on Transportation and Infrastructure 
of the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate a 
report containing the findings of the assessment conducted 
pursuant to subsection (a). 
VerDate Sep 11 2014 
22:38 Jan 04, 2021
Jkt 019200
PO 00000
Frm 01056
Fmt 6652
Sfmt 6201
E:\BILLS\H2.RDS
H2
TKELLEY on DSKBCP9HB2PROD with BILLS
1057 
HR 2 RDS
(d) FURTHER COORDINATION.—The Secretary shall 
make the report publicly available on the website of the 
Department of Transportation and communicate the re-
sults of the assessment with stakeholders. 
(e) REGULATORY
AUTHORITY.—If the Secretary 
finds in the report required under subsection (c) that reg-
ulatory measures are warranted and such measures are 
otherwise under the existing authority of the Secretary, 
the Secretary may issue such regulations as are necessary 
to implement such measures. 
(f) FUNDING.—From the amounts made available for 
fiscal year 2021 under section 20117(a) of title 49, United 
States Code, the Secretary shall expend not less than 
$1,000,000 to carry out the study required under subpara-
graph (a). 
SEC. 9107. NORTH RIVER TUNNEL SHUTDOWN CONTIN-
GENCY ASSESMENT. 
Not later than 60 days after the date of enactment 
of this Act, the Secretary of Transportation shall publish 
a report that explains— 
(1) the contingency plan of the Department of 
Transportation, in coordination with other relevant 
Federal agencies, detailing a specific plan of action 
in the case of a shutdown of the North River Tunnel 
under the Hudson River and that addresses issues 
VerDate Sep 11 2014 
22:38 Jan 04, 2021
Jkt 019200
PO 00000
Frm 01057
Fmt 6652
Sfmt 6201
E:\BILLS\H2.RDS
H2
TKELLEY on DSKBCP9HB2PROD with BILLS
1058 
HR 2 RDS
including ensuring commuters, tourists, and others 
will maintain the ability to travel between New Jer-
sey and New York and throughout the region; and 
(2) the contingency plan of the Department of 
Transportation, in coordination with other relevant 
Federal agencies, detailing a specific plan of action 
to ensure minimal disruption to, and negative im-
pact on national security, the economy, public 
health, the environment, and property values. 
SEC. 9108. ADVANCE ACQUISITION. 
(a) IN GENERAL.—Chapter 242 of title 49, United 
States Code, is amended by inserting the following after 
section 24202: 
‘‘SEC. 24203. ADVANCE ACQUISITION. 
‘‘(a) RAIL CORRIDOR PRESERVATION.—The Sec-
retary may allow a recipient of a grant under chapter 229 
for a passenger rail project to acquire right-of-way and 
adjacent real property interests before or during the com-
pletion of the environmental reviews for a project that may 
use such property interests if the acquisition is otherwise 
permitted under Federal law. 
‘‘(b) CERTIFICATION.—Before authorizing advance 
acquisition under this section, the Secretary shall verify 
that— 
VerDate Sep 11 2014 
22:38 Jan 04, 2021
Jkt 019200
PO 00000
Frm 01058
Fmt 6652
Sfmt 6201
E:\BILLS\H2.RDS
H2
TKELLEY on DSKBCP9HB2PROD with BILLS
1059 
HR 2 RDS
‘‘(1) the recipient has authority to acquire the 
real property interest; 
‘‘(2) the acquisition of the real property inter-
est— 
‘‘(A) is for a transportation purpose; 
‘‘(B) will not cause significant adverse en-
vironmental impact; 
‘‘(C) will not limit the choice of reasonable 
alternatives for the proposed project or other-
wise influence the decision of the Secretary on 
any approval required for the project; 
‘‘(D) does not prevent the lead agency 
from making an impartial decision as to wheth-
er to accept an alternative that is being consid-
ered; 
‘‘(E) complies with other applicable Fed-
eral laws and regulations; and 
‘‘(F) will not result in elimination or re-
duction of benefits or assistance to a displaced 
person required by the Uniform Relocation As-
sistance and Real Property Acquisition Policies 
Act of 1970 (42 U.S.C. 4601 et seq.) and title 
VI of the Civil Rights Act of 1964 (42 U.S.C. 
2000d et seq.). 
‘‘(c) ENVIRONMENTAL REVIEWS.— 
VerDate Sep 11 2014 
22:38 Jan 04, 2021
Jkt 019200
PO 00000
Frm 01059
Fmt 6652
Sfmt 6201
E:\BILLS\H2.RDS
H2
TKELLEY on DSKBCP9HB2PROD with BILLS
1060 
HR 2 RDS
‘‘(1) COMPLETION OF NEPA REVIEW.—Before 
authorizing Federal funding for an acquisition of a 
real property interest, the Secretary shall complete 
all review processes otherwise required under the 
National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.), section 4(f) of the Department 
of Transportation Act of 1966 (49 U.S.C. 303), and 
Section 106 of the National Historic Preservation 
Act (16 U.S.C. 470f) with respect to the acquisition. 
‘‘(2) TIMING OF DEVELOPMENT ACQUISITION.— 
A real property interest acquired under subsection 
(a) may not be developed in anticipation of the pro-
posed project until all required environmental re-
views for the project have been completed.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
for chapter 242 of title 49, United States Code, is amend-
ed by inserting after the item relating to section 24202 
the following new item: 
‘‘Sec. 24203. Advance acquisition.’’. 
TITLE II—AMTRAK REFORMS 
SEC. 9201. AMTRAK FINDINGS, MISSION, AND GOALS. 
Section 24101 of title 49, United States Code, is 
amended— 
(1) in subsection (a)— 
(A) in paragraph (1)— 
VerDate Sep 11 2014 
22:38 Jan 04, 2021
Jkt 019200
PO 00000
Frm 01060
Fmt 6652
Sfmt 6201
E:\BILLS\H2.RDS
H2
TKELLEY on DSKBCP9HB2PROD with BILLS
1061 
HR 2 RDS
(i) by striking ‘‘, to the extent its 
budget allows,’’; and 
(ii) by striking ‘‘between crowded 
urban areas and in other areas of’’ and in-
serting ‘‘throughout’’; 
(B) in paragraph (2) by striking the period 
and inserting ‘‘, thereby providing additional 
capacity for the traveling public and widespread 
air quality benefits.’’; 
(C) in paragraph (4)— 
(i) by striking ‘‘greater’’ and inserting 
‘‘high’’; and 
(ii) by striking ‘‘to Amtrak to achieve 
a performance level sufficient to justify ex-
pending public money’’ and inserting ‘‘in 
order to meet the intercity passenger rail 
needs of the United States’’; 
(D) in paragraph (5)— 
(i) by inserting ‘‘intercity and’’ after 
‘‘efficient’’; and 
(ii) by striking ‘‘the energy conserva-
tion and self-sufficiency’’ and inserting 
‘‘addressing climate change, energy con-
servation, and self-sufficiency’’; 
VerDate Sep 11 2014 
22:38 Jan 04, 2021
Jkt 019200
PO 00000
Frm 01061
Fmt 6652
Sfmt 6201
E:\BILLS\H2.RDS
H2
TKELLEY on DSKBCP9HB2PROD with BILLS
1063 
HR 2 RDS
(ii) by striking the semicolon and in-
serting ‘‘and improvements to service;’’; 
(C) by striking paragraph (3) and insert-
ing the following: 
‘‘(3) manage the passenger rail network in the 
interest of public transportation needs, including 
current and future Amtrak passengers;’’; 
(D) in paragraph (7) by striking ‘‘encour-
age’’ and inserting ‘‘work with’’; 
(E) in paragraph (11) by striking ‘‘and’’ 
the last place it appears; and 
(F) by striking paragraph (12) and insert-
ing the following: 
‘‘(12) utilize and manage resources with a long- 
term perspective, including sound investments that 
take into account the overall lifecycle costs of an 
asset; 
‘‘(13) ensure that service is accessible and ac-
commodating to passengers with disabilities; and 
‘‘(14) maximize the benefits Amtrak generates 
for the United States by creating quality jobs and 
supporting the domestic workforce.’’; and 
(4) by striking subsection (d). 
VerDate Sep 11 2014 
22:38 Jan 04, 2021
Jkt 019200
PO 00000
Frm 01063
Fmt 6652
Sfmt 6201
E:\BILLS\H2.RDS
H2
TKELLEY on DSKBCP9HB2PROD with BILLS
1064 
HR 2 RDS
SEC. 9202. AMTRAK STATUS. 
Section 24301(a) of title 49, United States Code, is 
amended— 
(1) in paragraph (1) by striking ‘‘20102(2)’’ 
and inserting ‘‘20102’’; and 
(2) in paragraph (2) by inserting ‘‘serving the 
public interest in reliable passenger rail service’’ 
after ‘‘for-profit corporation’’. 
SEC. 9203. BOARD OF DIRECTORS. 
(a) IN GENERAL.—Section 24302 of title 49, United 
States Code, is amended— 
(1) in subsection (a)— 
(A) in paragraph (1)— 
(i) by striking subparagraph (C) and 
inserting the following: 
‘‘(C) Eight individuals appointed by the 
President of the United States, by and with the 
advice and consent of the Senate, with a record 
of support for national passenger rail service, 
general business and financial experience, and 
transportation qualifications or expertise. Of 
the individuals appointed— 
‘‘(i) one shall be a Mayor or Governor 
of a location served by a regularly sched-
uled Amtrak service on the Northeast Cor-
ridor; 
VerDate Sep 11 2014 
22:38 Jan 04, 2021
Jkt 019200
PO 00000
Frm 01064
Fmt 6652
Sfmt 6201
E:\BILLS\H2.RDS
H2
TKELLEY on DSKBCP9HB2PROD with BILLS
1065 
HR 2 RDS
‘‘(ii) one shall be a Mayor or Governor 
of a location served by a regularly sched-
uled Amtrak service that is not on the 
Northeast Corridor; 
‘‘(iii) one shall be a labor representa-
tive of Amtrak employees; and 
‘‘(iv) two shall be individuals with a 
history of regular Amtrak ridership and an 
understanding of the concerns of rail pas-
sengers.’’; 
(B) in paragraph (2) by inserting ‘‘users of 
Amtrak, including the elderly and individuals 
with disabilities, and’’ after ‘‘and balanced rep-
resentation of’’; 
(C) in paragraph (3) by adding at the end 
the following: ‘‘A member of the Board ap-
pointed under clause (i) or (ii) of paragraph 
(1)(C) shall serve for a term of 5 years or until 
such member leaves the elected office such 
member occupied at the time such member was 
appointed, whichever is first.’’; and 
(D) by striking paragraph (5) and insert-
ing the following: 
VerDate Sep 11 2014 
22:38 Jan 04, 2021
Jkt 019200
PO 00000
Frm 01065
Fmt 6652
Sfmt 6201
E:\BILLS\H2.RDS
H2
TKELLEY on DSKBCP9HB2PROD with BILLS
1066 
HR 2 RDS
‘‘(5) The Secretary and any Governor of a 
State may be represented at a Board meeting by a 
designee.’’; 
(2) in subsection (b)— 
(A) by striking ‘‘PAY AND EXPENSES’’ and 
inserting ‘‘DUTIES, PAY, AND EXPENSES’’; and 
(B) by inserting ‘‘Each director must con-
sider the well-being of current and future Am-
trak passengers, and the public interest in sus-
tainable national passenger rail service.’’ before 
‘‘Each director not employed by the United 
States Government or Amtrak’’; and 
(3) by adding at the end the following: 
‘‘(g) GOVERNOR DEFINED.—In this section, the term 
‘Governor’ means the Governor of a State or the Mayor 
of the District of Columbia and includes the designee of 
the Governor.’’. 
(b) TIMING OF NEW BOARD REQUIREMENTS.— 
(1) IN GENERAL.—The appointment and mem-
bership requirements under section 24302 of title 
49, United States Code (as amended by this Act), 
shall apply to any member of the Board appointed 
pursuant to subsection (a)(1)(C) of such section who 
is appointed on or after the date of enactment of 
this Act. 
VerDate Sep 11 2014 
22:38 Jan 04, 2021
Jkt 019200
PO 00000
Frm 01066
Fmt 6652
Sfmt 6201
E:\BILLS\H2.RDS
H2
TKELLEY on DSKBCP9HB2PROD with BILLS
1067 
HR 2 RDS
(2) REAPPOINTMENT.—Any member described 
under paragraph (1) who is serving on such Board 
as of the date of enactment of this Act may be re-
appointed on or after such date of enactment, sub-
ject to the advice and consent of the Senate, if such 
member meets the requirements of such section. 
(3) TERMINATION OF TERM.—The term of any 
member described under paragraph (1) who is serv-
ing on such Board as of the date of enactment of 
this Act who is not reappointed under paragraph (2) 
before the date that is 60 days after the date of en-
actment of this Act, shall cease on such date. 
SEC. 9204. AMTRAK PREFERENCE ENFORCEMENT. 
(a) IN GENERAL.—Section 24308(c) of title 49, 
United States Code, is amended by adding at the end the 
following: ‘‘Notwithstanding section 24103(a) and section 
24308(f), Amtrak shall have the right to bring an action 
for equitable or other relief in the United States District 
Court for the District of Columbia to enforce the pref-
erence rights granted under this subsection.’’. 
(b) CONFORMING AMENDMENT.—Section 24103 of 
title 49, United States Code, is amended by inserting ‘‘and 
section 24308(c)’’ before ‘‘, only the Attorney General’’. 
VerDate Sep 11 2014 
22:38 Jan 04, 2021
Jkt 019200
PO 00000
Frm 01067
Fmt 6652
Sfmt 6201
E:\BILLS\H2.RDS
H2
TKELLEY on DSKBCP9HB2PROD with BILLS
1068 
HR 2 RDS
SEC. 9205. USE OF FACILITIES AND PROVIDING SERVICES 
TO AMTRAK. 
Section 24308(e) of title 49, United States Code, is 
amended— 
(1) by striking paragraph (1) and inserting the 
following: 
‘‘(1)(A) When a rail carrier does not agree to 
allow Amtrak to operate additional trains over any 
rail line of the carrier on which Amtrak is operating 
or seeks to operate, Amtrak may submit an applica-
tion to the Board for an order requiring the carrier 
to allow for the operation of the requested trains. 
Within 90 days of receipt of such application, the 
Board shall determine whether the additional trains 
would unreasonably impair freight transportation 
and— 
‘‘(i) for a determination that such trains 
do not unreasonably impair freight transpor-
tation, order the rail carrier to allow for the op-
eration of such trains on a schedule established 
by the Board; or 
‘‘(ii) for a determination that such trains 
do unreasonably impair freight transportation, 
initiate a proceeding to determine any addi-
tional infrastructure investments required by, 
or on behalf of, Amtrak. 
VerDate Sep 11 2014 
22:38 Jan 04, 2021
Jkt 019200
PO 00000
Frm 01068
Fmt 6652
Sfmt 6201
E:\BILLS\H2.RDS
H2
TKELLEY on DSKBCP9HB2PROD with BILLS
1069 
HR 2 RDS
‘‘(B) If Amtrak seeks to resume operation of a 
train that Amtrak operated during the 5-year period 
preceding an application described in subparagraph 
(A), the Board shall apply a presumption that the 
resumed operation of such train will not unreason-
ably impair freight transportation unless the Board 
finds that there are substantially changed cir-
cumstances.’’; 
(2) in paragraph (2)— 
(A) by striking ‘‘The Board shall consider’’ 
and inserting ‘‘The Board shall’’; 
(B) by striking subparagraph (A) and in-
serting the following: 
‘‘(A) in making the determination under para-
graph (1), take into account any infrastructure in-
vestments proposed in Amtrak’s application, with 
the rail carrier having the burden of demonstrating 
that the additional trains will unreasonably impair 
the freight transportation; and’’; and 
(C) in subparagraph (B) by inserting ‘‘con-
sider investments described in subparagraph 
(A) and’’ after ‘‘times,’’; and 
(3) by adding at the end the following: 
‘‘(4) In a proceeding initiated by the Board 
under paragraph (1)(B), the Board shall solicit the 
VerDate Sep 11 2014 
22:38 Jan 04, 2021
Jkt 019200
PO 00000
Frm 01069
Fmt 6652
Sfmt 6201
E:\BILLS\H2.RDS
H2
TKELLEY on DSKBCP9HB2PROD with BILLS
1070 
HR 2 RDS
views of the parties and require the parties to pro-
vide any necessary data or information. Not later 
than 180 days after the date on which the Board 
makes a determination under paragraph (1)(B), the 
Board shall issue an order requiring the rail carrier 
to allow for the operation of the requested trains 
conditioned upon additional infrastructure or other 
investments needed to mitigate the unreasonable in-
terference. In determining the necessary level of ad-
ditional infrastructure or other investments, the 
Board shall use any criteria, assumptions, and proc-
esses it considers appropriate. 
‘‘(5) The provisions of this subsection shall be 
in addition to any other statutory or contractual 
remedies Amtrak may have to obtain the right to op-
erate the additional trains.’’. 
SEC. 9206. PROHIBITION ON MANDATORY ARBITRATION. 
(a) IN GENERAL.—Section 28103 of title 49, United 
States Code, is amended— 
(1) by redesignating subsection (e) as sub-
section (f); and 
(2) by inserting after subsection (d) the fol-
lowing: 
‘‘(e) PROHIBITION ON CHOICE-OF-FORUM CLAUSE.— 
VerDate Sep 11 2014 
22:38 Jan 04, 2021
Jkt 019200
PO 00000
Frm 01070
Fmt 6652
Sfmt 6201
E:\BILLS\H2.RDS
H2
TKELLEY on DSKBCP9HB2PROD with BILLS
1071 
HR 2 RDS
‘‘(1) IN GENERAL.—Amtrak may not impose a 
choice-of-forum clause that attempts to preclude a 
passenger, or a person who purchases a ticket for 
rail transportation on behalf of a passenger, from 
bringing a claim against Amtrak in any court of 
competent jurisdiction, including a court within the 
jurisdiction of the residence of such passenger in the 
United States (provided that Amtrak does business 
within that jurisdiction). 
‘‘(2) COURT OF COMPETENT JURISDICTION.— 
Under this subsection, a court of competent jurisdic-
tion may not include an arbitration forum.’’. 
(b) EFFECTIVE DATE.—This section, and the amend-
ments made by this section, shall apply to any claim that 
arises on or after the date of enactment of this Act. 
SEC. 9207. AMTRAK ADA ASSESSMENT. 
(a) ASSESSMENT.—Amtrak shall conduct an assess-
ment and review of all Amtrak policies, procedures, proto-
cols, and guidelines for compliance with the requirements 
of the Americans With Disabilities Act of 1990 (42 U.S.C. 
12101 et seq.). 
(b) REPORT.—Not later than 180 days after the date 
of enactment of this Act, Amtrak shall submit to the Com-
mittee on Transportation and Infrastructure of the House 
of Representatives and the Committee on Commerce, 
VerDate Sep 11 2014 
22:38 Jan 04, 2021
Jkt 019200
PO 00000
Frm 01071
Fmt 6652
Sfmt 6201
E:\BILLS\H2.RDS
H2
TKELLEY on DSKBCP9HB2PROD with BILLS
1072 
HR 2 RDS
Science, and Transportation of the Senate a report on the 
results of the assessment conducted under subsection (a). 
(c) CONTENTS.—The report required under sub-
section (b) shall include— 
(1) a summary of the policies, procedures, pro-
tocols, and guidelines reviewed; 
(2) any necessary changes to such policies, pro-
cedures, protocols, and guidelines to ensure compli-
ance with the Americans With Disabilities Act of 
1990 (42 U.S.C. 12101 et seq.), including full com-
pliance under such Act for stations and facilities for 
which Amtrak has responsibility under such Act and 
consideration of the needs of individuals with disabil-
ities when procuring rolling stock; and 
(3) an implementation plan and timeline for 
making any such necessary changes. 
(d) ENGAGEMENT.—Amtrak is encouraged to engage 
with a range of advocates for individuals with disabilities 
during the assessment conducted under subsection (a), 
and develop an ongoing and standardized process for en-
gagement with advocates for individuals with disabilities. 
(e) PERIODIC EVALUATION.—At least once every 2 
years, Amtrak shall review and update, as necessary, Am-
trak policies, procedures, protocols, and guidelines to en-
VerDate Sep 11 2014 
22:38 Jan 04, 2021
Jkt 019200
PO 00000
Frm 01072
Fmt 6652
Sfmt 6201
E:\BILLS\H2.RDS
H2
TKELLEY on DSKBCP9HB2PROD with BILLS
1073 
HR 2 RDS
sure compliance with the Americans With Disabilities Act 
of 1990 (42 U.S.C. 12101 et seq.). 
SEC. 9208. PROHIBITION ON SMOKING ON AMTRAK TRAINS. 
(a) IN GENERAL.—Chapter 243 of title 49, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘§ 24323. Prohibition on smoking on Amtrak trains 
‘‘(a) PROHIBITION.—Beginning on the date of enact-
ment of the TRAIN Act, Amtrak shall prohibit smoking 
on board Amtrak trains. 
‘‘(b) ELECTRONIC CIGARETTES.— 
‘‘(1) INCLUSION.—The use of an electronic cig-
arette shall be treated as smoking for purposes of 
this section. 
‘‘(2) ELECTRONIC
CIGARETTE
DEFINED.—In 
this section, the term ‘electronic cigarette’ means a 
device that delivers nicotine or other substances to 
a user of the device in the form of a vapor that is 
inhaled to simulate the experience of smoking.’’. 
(b) CONFORMING AMENDMENT.—The analysis for 
chapter 243 of title 49, United States Code, is amended 
by adding at the end the following: 
‘‘24323. Prohibition on smoking on Amtrak trains.’’. 
VerDate Sep 11 2014 
22:38 Jan 04, 2021
Jkt 019200
PO 00000
Frm 01073
Fmt 6652
Sfmt 6211
E:\BILLS\H2.RDS
H2
TKELLEY on DSKBCP9HB2PROD with BILLS
1074 
HR 2 RDS
SEC. 9209. STATE-SUPPORTED ROUTES OPERATED BY AM-
TRAK. 
(a) IN GENERAL.—Section 24712 of title 49, United 
States Code, is amended— 
(1) in subsection (a)— 
(A) in paragraph (4) by striking the first 
sentence and inserting ‘‘The Committee shall 
define and periodically update the rules and 
procedures governing the Committee’s pro-
ceedings.’’; and 
(B) in paragraph (6)— 
(i) by striking subparagraph (B) and 
inserting the following: 
‘‘(B) PROCEDURES.—The rules and proce-
dures implemented under paragraph (4) shall 
include— 
‘‘(i) procedures for changing the cost 
allocation methodology, notwithstanding 
section 209(b) of the Passenger Rail In-
vestment and Improvement Act (49 U.S.C. 
24101 note); and 
‘‘(ii) procedures or broad guidelines 
for conducting financial planning, includ-
ing operation, ridership, capital fore-
casting, station staffing projections, report-
ing, and data sharing and governance.’’; 
VerDate Sep 11 2014 
22:38 Jan 04, 2021
Jkt 019200
PO 00000
Frm 01074
Fmt 6652
Sfmt 6201
E:\BILLS\H2.RDS
H2
TKELLEY on DSKBCP9HB2PROD with BILLS
1075 
HR 2 RDS
(ii) in subparagraph (C)— 
(I) in clause (i) by striking 
‘‘and’’ at the end; 
(II) in clause (ii) by striking the 
period at the end and inserting ‘‘; 
and’’; and 
(III) by adding at the end the 
following: 
‘‘(iii) promote increased efficiency in 
Amtrak’s operating and capital activities.’’; 
and 
(iii) by adding at the end the fol-
lowing: 
‘‘(D) ANNUAL
REVIEW.—Not later than 
June 30 of each year, the Committee shall pre-
pare an evaluation of the cost allocation meth-
odology and procedures under subparagraph 
(B) and transmit such evaluation to the Com-
mittee on Transportation and Infrastructure of 
the House of Representatives and the Com-
mittee on Commerce, Science, and Transpor-
tation of the Senate.’’; 
(2) in subsection (b)— 
(A) by inserting ‘‘and to the Committee’’ 
before ‘‘, as well as the planning’’; and 
VerDate Sep 11 2014 
22:38 Jan 04, 2021
Jkt 019200
PO 00000
Frm 01075
Fmt 6652
Sfmt 6201
E:\BILLS\H2.RDS
H2
TKELLEY on DSKBCP9HB2PROD with BILLS
1076 
HR 2 RDS
(B) by inserting before the period at the 
end the following: ‘‘and the Committee. Not 
later than 180 days after the date of enactment 
of the TRAIN Act, the Committee shall develop 
a report that contains the general ledger data 
and operating statistics from Amtrak’s account-
ing systems used to calculate payments to 
States. Amtrak shall provide to the States and 
the Committee the report for the prior month 
not later than 30 days after the last day of 
each month’’; 
(3) in subsection (e) by inserting ‘‘, including 
incentives to increase revenue, reduce costs, finalize 
contracts by the beginning of the fiscal year, and re-
quire States to promptly make payments for services 
delivered’’ before the period; 
(4) in subsection (f)— 
(A) in paragraph (1)— 
(i) by inserting ‘‘and annually review 
and update, as necessary,’’ after ‘‘shall de-
velop’’; and 
(ii) by inserting before ‘‘The Com-
mittee may consult’’ the following: ‘‘The 
statement shall include a list of capital 
projects, including infrastructure, fleet, 
VerDate Sep 11 2014 
22:38 Jan 04, 2021
Jkt 019200
PO 00000
Frm 01076
Fmt 6652
Sfmt 6201
E:\BILLS\H2.RDS
H2
TKELLEY on DSKBCP9HB2PROD with BILLS
1077 
HR 2 RDS
station, and facility initiatives, needed to 
support the growth of State-supported 
routes.’’; 
(B) in paragraph (2) by striking ‘‘Not 
later than 2 years’’ and all that follows through 
‘‘transmit the statement’’ and inserting ‘‘The 
Committee shall transmit, not later than March 
31 of each year, the most recent annual update 
to the statement’’; and 
(C) by adding at the end the following: 
‘‘(3) SENSE OF CONGRESS.—It is the sense of 
Congress that the Committee shall be the forum 
where Amtrak and States collaborate on the plan-
ning, improvement, and development of corridor 
routes across the National Network. The Committee 
shall identify obstacles to intercity passenger rail 
growth and identify solutions to overcome such ob-
stacles.’’; 
(5) by redesignating subsections (g) and (h) as 
subsections (j) and (k), respectively; and 
(6) by inserting after subsection (f) the fol-
lowing: 
‘‘(g) NEW STATE-SUPPORTED ROUTES.— 
VerDate Sep 11 2014 
22:38 Jan 04, 2021
Jkt 019200
PO 00000
Frm 01077
Fmt 6652
Sfmt 6201
E:\BILLS\H2.RDS
H2
TKELLEY on DSKBCP9HB2PROD with BILLS
1078 
HR 2 RDS
‘‘(1) CONSULTATION.—In developing a new 
State-supported route, Amtrak shall consult with the 
following: 
‘‘(A) The State or States and local munici-
palities where such new service would operate. 
‘‘(B) Commuter authorities and regional 
transportation authorities (as such terms are 
defined in section 24102) in the areas that 
would be served by the planned route. 
‘‘(C) Host railroads. 
‘‘(D) Administrator of the Federal Rail-
road Administration. 
‘‘(E) Other stakeholders, as appropriate. 
‘‘(2) STATE
COMMITMENTS.—Notwithstanding 
any other provision of law, before beginning con-
struction necessary for, or beginning operation of, a 
State-supported route that is initiated on or after 
the date of enactment of the TRAIN Act, Amtrak 
shall enter into a memorandum of understanding, or 
otherwise secure an agreement, with the State in 
which such route will operate for sharing— 
‘‘(A) ongoing operating costs and capital 
costs in accordance with the cost allocation 
methodology described under subsection (a); or 
VerDate Sep 11 2014 
22:38 Jan 04, 2021
Jkt 019200
PO 00000
Frm 01078
Fmt 6652
Sfmt 6201
E:\BILLS\H2.RDS
H2
TKELLEY on DSKBCP9HB2PROD with BILLS
1079 
HR 2 RDS
‘‘(B) ongoing operating costs and capital 
costs in accordance with the alternative cost al-
location schedule described in paragraph (3). 
‘‘(3) ALTERNATIVE COST ALLOCATION.—Under 
the alternative cost allocation schedule described in 
this paragraph, with respect to costs not covered by 
revenues for the operation of the new State-sup-
ported route, Amtrak shall pay— 
‘‘(A) the share Amtrak otherwise would 
have paid under the cost allocation methodology 
under subsection (a); and 
‘‘(B) a percentage of the share that the 
State otherwise would have paid under the cost 
allocation methodology under subsection (a) ac-
cording to the following: 
‘‘(i) Amtrak shall pay up to 100 per-
cent of the capital costs necessary to ini-
tiate a new State-supported route, includ-
ing planning and development, design, and 
environmental analysis, prior to beginning 
operations on the new route. 
‘‘(ii) For the first 2 years of oper-
ation, Amtrak shall pay for 100 percent of 
operating costs and capital costs. 
VerDate Sep 11 2014 
22:38 Jan 04, 2021
Jkt 019200
PO 00000
Frm 01079
Fmt 6652
Sfmt 6201
E:\BILLS\H2.RDS
H2
TKELLEY on DSKBCP9HB2PROD with BILLS
1080 
HR 2 RDS
‘‘(iii) For the third year of operation, 
Amtrak shall pay 90 percent of operating 
costs and capital costs and the State shall 
pay the remainder. 
‘‘(iv) For the fourth year of operation, 
Amtrak shall pay 80 percent of operating 
costs and capital costs and the State shall 
pay the remainder. 
‘‘(v) For the fifth year of operation, 
Amtrak shall pay 50 percent of operating 
costs and capital costs and the State shall 
pay the remainder. 
‘‘(vi) For the sixth year of operation 
and thereafter, operating costs and capital 
costs shall be allocated in accordance with 
the cost allocation methodology described 
under subsection (a), as applicable. 
‘‘(4) APPLICATION
OF
TERMS.—In this sub-
section, the terms ‘capital cost’ and ‘operating cost’ 
shall apply in the same manner as such terms apply 
under the cost allocation methodology developed 
under subsection (a). 
‘‘(h) COST ALLOCATION METHODOLOGY AND IMPLE-
MENTATION REPORT.— 
VerDate Sep 11 2014 
22:38 Jan 04, 2021
Jkt 019200
PO 00000
Frm 01080
Fmt 6652
Sfmt 6201
E:\BILLS\H2.RDS
H2
TKELLEY on DSKBCP9HB2PROD with BILLS
1081 
HR 2 RDS
‘‘(1) IN GENERAL.—Not later than 18 months 
after the date of enactment of the TRAIN Act, the 
Committee shall submit to the Committee on Trans-
portation and Infrastructure of the House of Rep-
resentatives and the Committee on Commerce, 
Science, and Transportation of the Senate a report 
assessing potential improvements to the cost alloca-
tion methodology required and approved under sec-
tion 209 of the Passenger Rail Investment and Im-
provement Act of 2008 (49 U.S.C. 24101 note). 
‘‘(2) REPORT CONTENTS.—The report required 
under paragraph (1) shall— 
‘‘(A) identify improvements to the cost al-
location methodology that would promote— 
‘‘(i) transparency of route and train 
costs and revenues; 
‘‘(ii) facilitation of service and net-
work growth; 
‘‘(iii) improved services for the trav-
eling public; 
‘‘(iv) maintenance or achievement of 
labor collective bargaining agreements; 
‘‘(v) increased revenues; and 
‘‘(vi) reduced costs; 
VerDate Sep 11 2014 
22:38 Jan 04, 2021
Jkt 019200
PO 00000
Frm 01081
Fmt 6652
Sfmt 6201
E:\BILLS\H2.RDS
H2
TKELLEY on DSKBCP9HB2PROD with BILLS
1082 
HR 2 RDS
‘‘(B) describe the various contracting ap-
proaches used in State-supported services be-
tween States and Amtrak, including the meth-
od, amount, and timeliness of payments for 
each State-supported service; 
‘‘(C) evaluate the potential benefits and 
feasibility, including identifying any necessary 
statutory changes, of implementing a service 
pricing model for State-supported routes in lieu 
of a cost allocation methodology and how such 
a service pricing model would advance the pri-
orities described in subparagraph (A); and 
‘‘(D) summarize share of costs from the 
cost allocation methodology that are— 
‘‘(i) assigned; 
‘‘(ii) allocated regionally or locally; 
and 
‘‘(iii) allocated nationally. 
‘‘(3) UPDATE
TO
THE
METHODOLOGY.—Not 
later than 2 years after the implementation of the 
TRAIN Act, the Committee shall update the meth-
odology, if necessary, based on the findings of the 
report required under paragraph (1). 
‘‘(i) IDENTIFICATION OF STATE-SUPPORTED ROUTE 
CHANGES.—Amtrak shall provide an update in the general 
VerDate Sep 11 2014 
22:38 Jan 04, 2021
Jkt 019200
PO 00000
Frm 01082
Fmt 6652
Sfmt 6201
E:\BILLS\H2.RDS
H2
TKELLEY on DSKBCP9HB2PROD with BILLS
1083 
HR 2 RDS
and legislative annual report under section 24315(b) of 
planned or proposed changes to State-supported routes, 
including the introduction of new State-supported routes. 
In identifying routes to be included in such request, Am-
trak shall— 
‘‘(1) identify the timeframe in which such 
changes could take effect and whether Amtrak has 
entered into a commitment with a State under sub-
section (g)(2); and 
‘‘(2) consult with the Committee and any addi-
tional States in which proposed routes may operate, 
not less than 120 days before the annual grant re-
quest is transmitted to the Secretary.’’. 
(b) 
CONFORMING
AMENDMENT.—Section 
24315(b)(1) of title 49, United States Code, is amended— 
(1) by redesignating subparagraph (B) as sub-
paragraph (C); 
(2) in subparagraph (A) by striking ‘‘section 
24902(b) of this title; and’’ and inserting ‘‘section 
24902(a) of this title;’’; and 
(3) by inserting after subparagraph (A) the fol-
lowing: 
‘‘(B) shall identify the planned or proposed 
State-supported routes, as required under sec-
tion 24712(i); and’’. 
VerDate Sep 11 2014 
22:38 Jan 04, 2021
Jkt 019200
PO 00000
Frm 01083
Fmt 6652
Sfmt 6201
E:\BILLS\H2.RDS
H2
TKELLEY on DSKBCP9HB2PROD with BILLS
1084 
HR 2 RDS
SEC. 9210. AMTRAK POLICE DEPARTMENT. 
(a) DEPARTMENT MISSION.—Not later than 180 
days after the date of enactment of this Act, Amtrak shall 
identify the mission of the Amtrak Police Department (in 
this section referred to as the ‘‘Department’’), including 
the scope and priorities of the Department, in mitigating 
risks to and ensuring the safety and security of Amtrak 
passengers, employees, trains, stations, facilities, and 
other infrastructure. In identifying such mission, Amtrak 
shall consider— 
(1) the unique needs of maintaining the safety 
and security of Amtrak’s network; and 
(2) comparable passenger rail systems and the 
mission of the police departments of such rail sys-
tems. 
(b) WORKFORCE PLANNING PROCESS.—Not later 
than 120 days after identifying the mission of the Depart-
ment under subsection (a), Amtrak shall develop a work-
force planning process that— 
(1) ensures adequate employment levels and al-
location of sworn and civilian personnel, including 
patrol officers, necessary for fulfilling the Depart-
ment’s mission; and 
(2) sets performance goals and metrics for the 
Department and monitors and evaluates the Depart-
ment’s progress toward such goals and metrics. 
VerDate Sep 11 2014 
22:38 Jan 04, 2021
Jkt 019200
PO 00000
Frm 01084
Fmt 6652
Sfmt 6201
E:\BILLS\H2.RDS
H2
TKELLEY on DSKBCP9HB2PROD with BILLS
1085 
HR 2 RDS
(c) CONSIDERATIONS.—In developing the workforce 
planning process under subsection (b), Amtrak shall— 
(1) identify critical positions, skills, and com-
petencies necessary for fulfilling the Department’s 
mission; 
(2) analyze employment levels and ensure 
that— 
(A) an adequate number of civilian and 
sworn personnel are allocated across the De-
partment’s 6 geographic divisions, including pa-
trol officers, detectives, canine units, special op-
erations unit, strategic operations, intelligence, 
corporate security, the Office of Professional 
Responsibilities, and the Office of Chief of Po-
lices; and 
(B) patrol officers have an adequate pres-
ence on trains and route segments, and in sta-
tions, facilities, and other infrastructure; 
(3) analyze workforce gaps and develop strate-
gies to address any such gaps; 
(4) consider the risks identified by Amtrak’s 
triannual risk assessments; 
(5) consider variables, including ridership levels, 
miles of right-of-way, crime data, call frequencies, 
interactions with vulnerable populations, and work-
VerDate Sep 11 2014 
22:38 Jan 04, 2021
Jkt 019200
PO 00000
Frm 01085
Fmt 6652
Sfmt 6201
E:\BILLS\H2.RDS
H2
TKELLEY on DSKBCP9HB2PROD with BILLS
1086 
HR 2 RDS
load, that comparable passenger rail systems with 
similar police departments consider in the develop-
ment of the workforce plans of such systems; and 
(6) consider collaboration or coordination with 
local, State, Tribal, and Federal agencies, and public 
transportation agencies to support the safety and se-
curity of the Amtrak network. 
(d) CONSULTATION.—In carrying out this section, 
Amtrak shall consult with the Amtrak Police Department 
Labor Committee, public safety experts, foreign or domes-
tic entities providing passenger rail service comparable to 
Amtrak, and any other relevant entities, as determined by 
Amtrak. 
(e) REPORTS.— 
(1) REPORT ON MISSION OF DEPARTMENT.— 
Not later than 10 days after Amtrak identifies the 
mission of the Department under subsection (a), 
Amtrak shall transmit to the Committee on Trans-
portation and Infrastructure of the House of Rep-
resentatives and the Committee on Commerce, 
Science, and Transportation of the Senate a report 
containing a description of the mission of the De-
partment and the reasons for the content of such 
mission. 
VerDate Sep 11 2014 
22:38 Jan 04, 2021
Jkt 019200
PO 00000
Frm 01086
Fmt 6652
Sfmt 6201
E:\BILLS\H2.RDS
H2
TKELLEY on DSKBCP9HB2PROD with BILLS
1087 
HR 2 RDS
(2) REPORT ON WORKFORCE PLANNING PROC-
ESS.—Not later than 10 days after Amtrak com-
pletes the workforce planning process under sub-
section (b), Amtrak shall transmit to the Committee 
on Transportation and Infrastructure of the House 
of Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate a report 
containing the workforce planning process, the un-
derlying data used to develop such process, and how 
such process will achieve the Department’s mission. 
SEC. 9211. AMTRAK FOOD AND BEVERAGE. 
(a) AMTRAK FOOD AND BEVERAGE.—Section 24321 
of title 49, United States Code, is amended to read as 
follows: 
‘‘§ 24321. Amtrak food and beverage 
‘‘(a) ENSURING ACCESS TO FOOD AND BEVERAGE 
SERVICES.—On all long-distance routes, Amtrak shall en-
sure that all passengers who travel overnight on such 
route shall have access to purchasing the food and bev-
erages that are provided to sleeping car passengers on 
such route. 
‘‘(b) FOOD AND BEVERAGE WORKFORCE.— 
‘‘(1) 
WORKFORCE
REQUIREMENT.—Amtrak 
shall ensure that any individual onboard a train who 
prepares food and beverages is an Amtrak employee. 
VerDate Sep 11 2014 
22:38 Jan 04, 2021
Jkt 019200
PO 00000
Frm 01087
Fmt 6652
Sfmt 6201
E:\BILLS\H2.RDS
H2
TKELLEY on DSKBCP9HB2PROD with BILLS
1088 
HR 2 RDS
‘‘(2) SAVINGS CLAUSE.—No Amtrak employee 
holding a position as of the date of enactment of the 
TRAIN Act may be involuntarily separated because 
of any action taken by Amtrak to implement this 
section, including any employees who are furloughed 
as a result of the COVID–19 pandemic. 
‘‘(c) SAVINGS CLAUSE.—Amtrak shall ensure that no 
Amtrak employee holding a position as of the date of en-
actment of the Passenger Rail Reform and Investment Act 
of 2015 is involuntarily separated because of the develop-
ment and implementation of the plan required by the 
amendments made by section 11207 of such Act.’’. 
(b) TECHNICAL AND CONFORMING AMENDMENTS.— 
(1) ANALYSIS.—The item relating to section 
24321 in the analysis for chapter 243 of title 49, 
United States Code, is amended to read as follows: 
‘‘24321. Amtrak food and beverage.’’. 
(2) AMTRAK AUTHORITY.—Section 24305(c)(4) 
of title 49, United States Code, is amended by strik-
ing ‘‘only if revenues from the services each year at 
least equal the cost of providing the services’’. 
(3) CONTRACTING OUT.—Section 121(c) of the 
Amtrak Reform and Accountability Act of 1997 (49 
U.S.C. 24312 note; 111 Stat. 2574) is amended by 
striking ‘‘, other than work related to food and bev-
erage service,’’. 
VerDate Sep 11 2014 
22:38 Jan 04, 2021
Jkt 019200
PO 00000
Frm 01088
Fmt 6652
Sfmt 6201
E:\BILLS\H2.RDS
H2
TKELLEY on DSKBCP9HB2PROD with BILLS
1089 
HR 2 RDS
(c) AMTRAK
FOOD
AND
BEVERAGE
WORKING 
GROUP.— 
(1) ESTABLISHMENT.—Not later than 90 days 
after the date of enactment of this Act, Amtrak shall 
establish a working group (in this subsection re-
ferred to as the ‘‘Working Group’’) to provide rec-
ommendations on Amtrak onboard food and bev-
erage services. 
(2) MEMBERSHIP.—The Working Group shall 
consist of individuals representing— 
(A) Amtrak; 
(B) the labor organizations representing 
Amtrak employees who prepare or provide on-
board food and beverage services; and 
(C) nonprofit organizations representing 
Amtrak passengers. 
(3) RECOMMENDATIONS.— 
(A) IN
GENERAL.—The Working Group 
shall develop recommendations to increase rid-
ership and improve customer satisfaction by— 
(i) promoting collaboration and en-
gagement between Amtrak, Amtrak pas-
sengers, and Amtrak employees preparing 
or providing onboard food and beverage 
services, prior to Amtrak implementing 
VerDate Sep 11 2014 
22:38 Jan 04, 2021
Jkt 019200
PO 00000
Frm 01089
Fmt 6652
Sfmt 6201
E:\BILLS\H2.RDS
H2
TKELLEY on DSKBCP9HB2PROD with BILLS
1090 
HR 2 RDS
changes to onboard food and beverage 
services; 
(ii) improving onboard food and bev-
erage services; and 
(iii) improving solicitation, reception, 
and consideration of passenger feedback 
regarding onboard food and beverage serv-
ices. 
(B) CONSIDERATIONS.—In developing the 
recommendations under subparagraph (A), the 
Working Group shall consider— 
(i) the healthfulness of onboard food 
and beverages offered, including the ability 
of passengers to address dietary restric-
tions; 
(ii) the preparation and delivery of on-
board food and beverages; 
(iii) the differing needs of passengers 
traveling on long-distance routes, State- 
supported routes, and the Northeast Cor-
ridor; 
(iv) the reinstatement of the dining 
car service on long-distance routes; 
VerDate Sep 11 2014 
22:38 Jan 04, 2021
Jkt 019200
PO 00000
Frm 01090
Fmt 6652
Sfmt 6201
E:\BILLS\H2.RDS
H2
TKELLEY on DSKBCP9HB2PROD with BILLS
1091 
HR 2 RDS
(v) Amtrak passenger survey data 
about the food and beverages offered on 
Amtrak trains; and 
(vi) any other issue the Working 
Group determines appropriate. 
(4) REPORTS.— 
(A) INITIAL
REPORT.—Not later than 1 
year after the date on which the Working 
Group is established, the Working Group shall 
submit to the Board of Directors of Amtrak, 
the Committee on Transportation and Infra-
structure of the House of Representatives, and 
the Committee on Commerce, Science, and 
Transportation of the Senate a report con-
taining the recommendations developed under 
paragraph (3). 
(B) SUBSEQUENT
REPORT.—Not later 
than 30 days after the date on which the Work-
ing Group submits the report required under 
subparagraph (A), Amtrak shall submit to the 
Committee on Transportation and Infrastruc-
ture of the House of Representatives and the 
Committee on Commerce, Science, and Trans-
portation of the Senate a report on whether 
Amtrak agrees with the recommendations of the 
VerDate Sep 11 2014 
22:38 Jan 04, 2021
Jkt 019200
PO 00000
Frm 01091
Fmt 6652
Sfmt 6201
E:\BILLS\H2.RDS
H2
TKELLEY on DSKBCP9HB2PROD with BILLS
1092 
HR 2 RDS
Working Group and describing any plans to im-
plement such recommendations. 
(5) PROHIBITION
ON
FOOD
AND
BEVERAGE 
SERVICE CHANGES.—During the period beginning on 
the date of enactment of this Act and ending 30 
days after the date on which Amtrak submits the re-
port required under paragraph (4)(B), Amtrak may 
not make large-scale, structural changes to existing 
onboard food and beverage services, except that Am-
trak shall reverse any changes to onboard food and 
beverage service made in response to the COVID–19 
pandemic as Amtrak service is restored. 
(6) TERMINATION.—The Working Group shall 
terminate on the date on which Amtrak submits the 
report required under paragraph (4)(B), except that 
Amtrak may extend such date by up to 1 year if 
Amtrak determines that the Working Group is bene-
ficial to Amtrak in making decisions related to on-
board food and beverage services. If Amtrak extends 
such date, Amtrak shall include notification of the 
extension in the report required under paragraph 
(4)(B). 
(7) NONAPPLICABILITY OF FEDERAL ADVISORY 
COMMITTEE ACT.—The Federal Advisory Committee 
VerDate Sep 11 2014 
22:38 Jan 04, 2021
Jkt 019200
PO 00000
Frm 01092
Fmt 6652
Sfmt 6201
E:\BILLS\H2.RDS
H2
TKELLEY on DSKBCP9HB2PROD with BILLS
1093 
HR 2 RDS
Act (5 U.S.C. App.) does not apply to the Working 
Group established under this section. 
(8) LONG-DISTANCE ROUTE; NORTHEAST COR-
RIDOR; AND STATE-SUPPORTED ROUTE DEFINED.— 
In this subsection, the terms ‘‘long-distance route’’, 
‘‘Northeast Corridor’’, and ‘‘State-supported route’’ 
have the meaning given those terms in section 
24102 of title 49, United States Code. 
SEC. 9212. CLARIFICATION ON AMTRAK CONTRACTING 
OUT. 
Section 121 of the Amtrak Reform and Account-
ability Act of 1997 (49 U.S.C. 24312 note; 111 Stat. 
2574) is amended by striking subsection (d) and inserting 
the following: 
‘‘(d) FURLOUGHED WORK.—Amtrak may not con-
tract out work within the scope of work performed by an 
employee in a bargaining unit covered by a collective bar-
gaining agreement entered into between Amtrak and an 
organization representing Amtrak employees during the 
period of time such employee has been laid off and has 
not been recalled to perform such work. 
‘‘(e) AGREEMENT PROHIBITIONS ON CONTRACTING 
OUT.—This section does not— 
‘‘(1) supersede a prohibition or limitation on 
contracting out work covered by a collective bar-
VerDate Sep 11 2014 
22:38 Jan 04, 2021
Jkt 019200
PO 00000
Frm 01093
Fmt 6652
Sfmt 6201
E:\BILLS\H2.RDS
H2
TKELLEY on DSKBCP9HB2PROD with BILLS
1094 
HR 2 RDS
gaining agreement entered into between Amtrak and 
an organization representing Amtrak employees; or 
‘‘(2) prohibit Amtrak and an organization rep-
resenting Amtrak employees from entering into a 
collective bargaining agreement that allows for con-
tracting out the work of a furloughed employee that 
would otherwise be prohibited under subsection 
(d).’’. 
SEC. 9213. AMTRAK STAFFING. 
Section 24312 of title 49, United States Code, is 
amended by adding at the end the following: 
‘‘(c) CALL CENTER STAFFING.— 
‘‘(1) OUTSOURCING.—Amtrak may not renew 
or enter into a contract to outsource call center cus-
tomer service work on behalf of Amtrak, including 
through a business process outsourcing group. 
‘‘(2) TRAINING.—Amtrak shall make available 
appropriate training programs to any Amtrak call 
center employee carrying out customer service activi-
ties using telephone or internet platforms. 
‘‘(d) STATION AGENT STAFFING.— 
‘‘(1) IN GENERAL.—Beginning on the date that 
is 1 year after the date of enactment of the TRAIN 
Act, Amtrak shall ensure that at least one Amtrak 
ticket agent is employed at each station building 
VerDate Sep 11 2014 
22:38 Jan 04, 2021
Jkt 019200
PO 00000
Frm 01094
Fmt 6652
Sfmt 6201
E:\BILLS\H2.RDS
H2
TKELLEY on DSKBCP9HB2PROD with BILLS
1095 
HR 2 RDS
where at least one Amtrak ticket agent was em-
ployed on or after October 1, 2017. 
‘‘(2) LOCATIONS.—Notwithstanding section (1), 
beginning on the date that is 1 year after the date 
of enactment of the TRAIN Act, Amtrak shall en-
sure that at least one Amtrak ticket agent is em-
ployed at each station building— 
‘‘(A) that Amtrak owns, or operates service 
through, as part of a passenger service route; 
and 
‘‘(B) for which the number of passengers 
boarding or deboarding an Amtrak long-dis-
tance train in the previous fiscal year exceeds 
the average of at least 40 passengers per day 
over all days in which the station was serviced 
by Amtrak, regardless of the number of Amtrak 
vehicles servicing the station per day. For fiscal 
year 2021, ridership from fiscal year 2019 shall 
be used to determine qualifying stations. 
‘‘(3) EXCEPTION.—This subsection does not 
apply to any station building in which a commuter 
rail ticket agent has the authority to sell Amtrak 
tickets. 
‘‘(4) AMTRAK TICKET AGENT.—For purposes of 
this section, the term ‘Amtrak ticket agent’ means 
VerDate Sep 11 2014 
22:38 Jan 04, 2021
Jkt 019200
PO 00000
Frm 01095
Fmt 6652
Sfmt 6201
E:\BILLS\H2.RDS
H2
TKELLEY on DSKBCP9HB2PROD with BILLS
1096 
HR 2 RDS
an Amtrak employee with authority to sell Amtrak 
tickets onsite and assist in the checking of Amtrak 
passenger baggage.’’. 
SEC. 9214. SPECIAL TRANSPORTATION. 
Section 24307(a) of title 49, United States Code, is 
amended— 
(1) in the matter preceding paragraph (1) by 
striking ‘‘for the following:’’ and inserting ‘‘of at 
least a 10 percent discount on full-price coach class 
rail fares for, at a minimum—’’; 
(2) in paragraph (1) by striking the period at 
the end and inserting a semicolon; and 
(3) by striking paragraph (2) and inserting the 
following: 
‘‘(2) individuals of 12 years of age or younger; 
‘‘(3) individuals with a disability, as such term 
is defined in section 3 of the Americans with Dis-
abilities Act of 1990 (42 U.S.C. 12102); 
‘‘(4) members of the Armed Forces on active 
duty (as those terms are defined in section 101 of 
title 10) and their spouses and dependents with valid 
identification; 
‘‘(5) veterans (as that term is defined in section 
101 of title 38) with valid identification; and 
VerDate Sep 11 2014 
22:38 Jan 04, 2021
Jkt 019200
PO 00000
Frm 01096
Fmt 6652
Sfmt 6201
E:\BILLS\H2.RDS
H2
TKELLEY on DSKBCP9HB2PROD with BILLS
1097 
HR 2 RDS
‘‘(6) individuals attending federally-accredited 
postsecondary education institutions with valid stu-
dent identification cards.’’. 
SEC. 9215. DISASTER AND EMERGENCY RELIEF PROGRAM. 
(a) IN GENERAL.—Chapter 243 of title 49, United 
States Code, is further amended by adding at the end the 
following: 
‘‘§ 24324. Disaster and emergency relief program 
‘‘(a) IN GENERAL.—The Secretary of Transportation 
may make grants to Amtrak for— 
‘‘(1) capital projects to repair, reconstruct, or 
replace equipment, infrastructure, stations, and 
other facilities that the Secretary determines are in 
danger of suffering serious damage, or have suffered 
serious damage, as a result of an emergency event; 
‘‘(2) offset revenue lost as a result of such an 
event; and 
‘‘(3) support continued operations following 
emergency events. 
‘‘(b) COORDINATION
OF
EMERGENCY
FUNDS.— 
Funds made available to carry out this section shall be 
in addition to any other funds available and shall not af-
fect the ability of Amtrak to use any other funds otherwise 
authorized by law. 
VerDate Sep 11 2014 
22:38 Jan 04, 2021
Jkt 019200
PO 00000
Frm 01097
Fmt 6652
Sfmt 6201
E:\BILLS\H2.RDS
H2
TKELLEY on DSKBCP9HB2PROD with BILLS
1098 
HR 2 RDS
‘‘(c) GRANT CONDITIONS.—Grants made under this 
subsection (a) shall be subject to section 22905(c)(2)(A) 
and other such terms and conditions as the Secretary de-
termines necessary. 
‘‘(d) DEFINITION OF EMERGENCY EVENT.—In this 
section, the term ‘emergency event’ has the meaning given 
such term in section 20103.’’. 
(b) CLERICAL AMENDMENT.—The analysis for chap-
ter 243 of title 49, United States Code, is further amend-
ed by adding at the end the following: 
‘‘24324. Disaster and emergency relief program.’’. 
SEC. 9216. RECREATIONAL TRAIL ACCESS. 
Section 24315 of title 49, United States Code, is 
amended by adding at the end the following: 
‘‘(i) RECREATIONAL TRAIL ACCESS.—At least 30 
days before implementing a new policy, structure, or oper-
ation that impedes recreational trail access, Amtrak shall 
work with potentially affected communities, making a 
good-faith effort to address local concerns about such rec-
reational trail access. Not later than February 15 of each 
year, Amtrak shall submit to the Committee on Transpor-
tation and Infrastructure of the House of Representatives 
and the Committee on Environment and Public Works of 
the Senate a report on any such engagement in the pre-
ceding calendar year, and any changes to policies, struc-
tures, or operations affecting recreational trail access that 
VerDate Sep 11 2014 
22:38 Jan 04, 2021
Jkt 019200
PO 00000
Frm 01098
Fmt 6652
Sfmt 6201
E:\BILLS\H2.RDS
H2
TKELLEY on DSKBCP9HB2PROD with BILLS
1099 
HR 2 RDS
were considered or made as a result. Such report shall 
include Amtrak’s plans to mitigate the impact to such rec-
reational trail access.’’. 
SEC. 9217. INVESTIGATION OF SUBSTANDARD PERFORM-
ANCE. 
Section 24308(f) of title 49, United States Code, is 
amended— 
(1) in paragraph (1)— 
(A) by striking ‘‘If the on-time’’ and in-
serting ‘‘If either the on-time’’; 
(B) by inserting ‘‘, measured at each sta-
tion on its route based upon the arrival times 
plus 15 minutes shown in schedules Amtrak 
and the host railroad have agreed to or have 
been determined by the Surface Transportation 
Board pursuant to section 213 of the Passenger 
Rail Investment and Improvement Act of 2008 
as of or subsequent to the date of enactment of 
the TRAIN Act,’’ after ‘‘intercity passenger 
train’’ the first place it appears; and 
(C) by striking ‘‘or the service quality of’’ 
and inserting ‘‘or the on-time performance of’’; 
(2) in paragraph (2) by striking ‘‘minimum 
standards investigated under paragraph (1)’’ and in-
VerDate Sep 11 2014 
22:38 Jan 04, 2021
Jkt 019200
PO 00000
Frm 01099
Fmt 6652
Sfmt 6201
E:\BILLS\H2.RDS
H2
TKELLEY on DSKBCP9HB2PROD with BILLS
1100 
HR 2 RDS
serting ‘‘either performance standard under para-
graph (1)’’; and 
(3) in paragraph (4) by striking ‘‘or failures to 
achieve minimum standards’’ and inserting ‘‘or fail-
ure to achieve either performance standard under 
paragraph (1)’’. 
SEC. 
9218. 
AMTRAK 
CYBERSECURITY 
ENHANCEMENT 
GRANT PROGRAM. 
(a) IN GENERAL.—Chapter 243 of title 49, United 
States Code, is further amended by adding at the end the 
following: 
‘‘§ 24325. Amtrak cybersecurity enhancement grant 
program 
‘‘(a) IN GENERAL.—The Secretary of Transportation 
shall make grants to Amtrak for improvements in infor-
mation technology systems, including cyber resiliency im-
provements for Amtrak information technology assets. 
‘‘(b) APPLICATION OF BEST PRACTICES.—Any cyber 
resiliency improvements carried out with a grant under 
this section shall be consistent with the principles con-
tained in the special publication numbered 800–160 issued 
by the National Institute of Standards and Technology 
Special and any other applicable security controls pub-
lished by the Institute. 
VerDate Sep 11 2014 
22:38 Jan 04, 2021
Jkt 019200
PO 00000
Frm 01100
Fmt 6652
Sfmt 6201
E:\BILLS\H2.RDS
H2
TKELLEY on DSKBCP9HB2PROD with BILLS
1101 
HR 2 RDS
‘‘(c) COORDINATION OF CYBERSECURITY FUNDS.— 
Funds made available to carry out this section shall be 
in addition to any other Federal funds and shall not affect 
the ability of Amtrak to use any other funds otherwise 
authorized by law for purposes of enhancing the cyberse-
curity architecture of Amtrak. 
‘‘(d) GRANT CONDITIONS.—Grants made under this 
section shall be subject to such terms and conditions as 
the Secretary determines necessary.’’. 
(b) CLERICAL AMENDMENT.—The analysis for chap-
ter 243 of title 49, United States Code, is further amend-
ed by adding at the end the following: 
‘‘24325. Amtrak cybersecurity enhancement grant program.’’. 
SEC. 9219. AMTRAK AND PRIVATE CARS. 
(a) SENSE OF CONGRESS.—It is the sense of Con-
gress that private cars and charter trains can— 
(1) improve Amtrak’s financial performance, 
particularly on the long-distance routes; 
(2) have promotional value for Amtrak that re-
sults in future travel on Amtrak trains by pas-
sengers made aware of Amtrak as a result; 
(3) support private-sector jobs, including for 
mechanical work and on-board services; and 
(4) provide good-will benefits to Amtrak. 
(b) POLICY REVIEW.—Amtrak shall review the policy 
changes since January 1, 2018, that have caused signifi-
VerDate Sep 11 2014 
22:38 Jan 04, 2021
Jkt 019200
PO 00000
Frm 01101
Fmt 6652
Sfmt 6201
E:\BILLS\H2.RDS
H2
TKELLEY on DSKBCP9HB2PROD with BILLS
1102 
HR 2 RDS
cant changes to the relationship between Amtrak and pri-
vate car owners and charter train services and evaluate 
opportunities to strengthen these services, including by re-
instating some access points and restoring flexibility to 
charter-train policies. For charter trains, private cars, and 
package express carried on regular Amtrak trains, con-
sistent with sound business practice, Amtrak should re-
cover direct costs plus a reasonable profit margin. 
SEC. 9220. AMTRAK OFFICE OF COMMUNITY OUTREACH. 
(a) IN GENERAL.—Chapter 243 of title 49, United 
States Code, is further amended by adding at the end the 
following new section: 
‘‘§ 24326. Amtrak Office of Community Outreach 
‘‘(a) IN GENERAL.—Not later than 180 days after 
the date of enactment of the TRAIN Act, Amtrak shall 
establish an Office of Community Outreach to engage with 
communities impacted by Amtrak operations. 
‘‘(b) RESPONSIBILITIES.—The Office of Community 
Outreach shall be responsible for— 
‘‘(1) outreach and engagement with— 
‘‘(A) local officials before capital improve-
ment project plans are finalized; and 
‘‘(B) local stakeholders and relevant orga-
nizations on projects of community significance; 
VerDate Sep 11 2014 
22:38 Jan 04, 2021
Jkt 019200
PO 00000
Frm 01102
Fmt 6652
Sfmt 6201
E:\BILLS\H2.RDS
H2
TKELLEY on DSKBCP9HB2PROD with BILLS
1103 
HR 2 RDS
‘‘(2) clear explanation and publication of how 
community members can communicate with Amtrak; 
‘‘(3) the use of virtual public involvement, social 
media, and other web-based tools to encourage pub-
lic participation and solicit public feedback; and 
‘‘(4) making publicly available on the website of 
Amtrak, planning documents for proposed and im-
plemented capital improvement projects. 
‘‘(c) REPORT TO CONGRESS.—Not later than 1 year 
after the establishment of the Office of Community Out-
reach, and annually thereafter, Amtrak shall submit to the 
Committee on Transportation and Infrastructure in the 
House of Representatives and the Committee on Com-
merce, Science, and Transportation of the Senate a report 
that— 
‘‘(1) describes the community outreach efforts 
undertaken by the Amtrak Office of Community 
Outreach for the previous year; and 
‘‘(2) identifies changes Amtrak made to capital 
improvement project plans after engagement with af-
fected communities.’’. 
(b) CLERICAL AMENDMENT.—The analysis for chap-
ter 243 of title 49, United States Code, is further amend-
ed by adding at the end the following: 
‘‘24326. Amtrak Office of Community Outreach.’’. 
VerDate Sep 11 2014 
22:38 Jan 04, 2021
Jkt 019200
PO 00000
Frm 01103
Fmt 6652
Sfmt 6211
E:\BILLS\H2.RDS
H2
TKELLEY on DSKBCP9HB2PROD with BILLS
1104 
HR 2 RDS
SEC. 9221. SENSE OF CONGRESS. 
(a) FINDINGS.—Congress finds the following: 
(1) Amtrak received $1,018,000,000 in aid 
from Congress as part of the CARES Act, to help 
Amtrak and its state partners respond to the drastic 
drop in demand caused by the coronavirus pandemic. 
(2) The CARES Act also included a provision 
requiring that, for any employee who is furloughed 
as a result of the pandemic, Amtrak provide such 
employee the opportunity to return to the job as 
service ramps back up, thereby helping prevent the 
health crisis from being a reason to outsource work. 
(3) Amtrak has requested additional funds to 
help it respond to the continued loss of passenger 
demand while also announcing plans to permanently 
cut 20 percent of its workforce, which could hinder 
its ability to serve the Amtrak national passenger 
rail system, including its long-distance routes, now 
and in the future. 
(4) Additionally, Amtrak recently announced its 
intention to eliminate daily service on most of its 
long-distance routes, leaving only one long-distance 
route to operate daily. These reductions are set to 
begin October 1, 2020. 
VerDate Sep 11 2014 
22:38 Jan 04, 2021
Jkt 019200
PO 00000
Frm 01104
Fmt 6652
Sfmt 6201
E:\BILLS\H2.RDS
H2
TKELLEY on DSKBCP9HB2PROD with BILLS
1105 
HR 2 RDS
(5) Estimates indicate the plan to decrease 
service would drastically impact as many as 461 sta-
tions. 
(6) If the service disruptions are implemented, 
the passengers served by these long-distance trains 
would be disconnected from a critical transportation 
option, and these communities would lose important 
economic contributions generated by this service . 
These cuts would also impact the lives of Amtrak 
employees whose work contributes to the operation 
of these trains. 
(7) Amtrak has not provided Congress, the pub-
lic at large, or its workforce, sufficient notice or ex-
planation of its plan to restore service to commu-
nities served by long-distance routes. 
(b) SENSE OF CONGRESS.—Congress is concerned by 
the recent announcements from Amtrak that it intends to 
reduce its workforce and its daily long-distance train serv-
ice and calls on Amtrak to provide assurance about the 
future of the passenger rail network and its employees. 
TITLE III—INTERCITY 
PASSENGER RAIL POLICY 
SEC. 9301. NORTHEAST CORRIDOR COMMISSION. 
Section 24905 of title 49, United States Code, is 
amended— 
VerDate Sep 11 2014 
22:38 Jan 04, 2021
Jkt 019200
PO 00000
Frm 01105
Fmt 6652
Sfmt 6201
E:\BILLS\H2.RDS
H2
TKELLEY on DSKBCP9HB2PROD with BILLS
1106 
HR 2 RDS
(1) in subsection (a)(1)— 
(A) in subparagraph (A) by striking 
‘‘members’’ and inserting ‘‘4 members’’; 
(B) in subparagraph (B) by striking 
‘‘members’’ and inserting ‘‘5 members’’; and 
(C) in subparagraph (D) by striking ‘‘and 
commuter railroad carriers using the Northeast 
Corridor selected by the Secretary’’ and insert-
ing ‘‘railroad carriers and commuter authorities 
using the Northeast Corridor, as determined by 
the Commission’’; 
(2) by striking paragraph (2) of subsection (a) 
and inserting the following: 
‘‘(2) At least two of the members described in 
paragraph (1)(B) shall be career appointees, as such 
term is defined in section 3132(a) of title 5.’’; 
(3) in subsection (b)(3)(B)— 
(A) in clause (i) by inserting ‘‘, including 
ridership trends,’’ before ‘‘along the Northeast 
Corridor’’; 
(B) in clause (ii) by striking ‘‘capital in-
vestment plan described in section 24904.’’ and 
inserting ‘‘first year of the capital investment 
plan described in section 24904; and’’; and 
(C) by adding at the end the following: 
VerDate Sep 11 2014 
22:38 Jan 04, 2021
Jkt 019200
PO 00000
Frm 01106
Fmt 6652
Sfmt 6201
E:\BILLS\H2.RDS
H2
TKELLEY on DSKBCP9HB2PROD with BILLS
1107 
HR 2 RDS
‘‘(iii) progress in assessing and elimi-
nating the state-of-good-repair backlog.’’; 
(4) in subsection (c)— 
(A) by striking ‘‘(1) DEVELOPMENT’’ and 
all that follows through ‘‘standardized policy’’ 
and inserting the following: 
‘‘(1) POLICY.—The Commission shall— 
‘‘(A) maintain and update, as appropriate, 
the ‘Northeast Corridor Commuter and Inter-
city Rail Cost Allocation Policy’ approved on 
September 17, 2015,’’; 
(B) in paragraph (1)— 
(i) in subparagraph (B) by striking ‘‘a 
proposed timetable for implementing’’ and 
inserting ‘‘timetables for implementing and 
maintaining’’; 
(ii) in subparagraph (C) by striking 
‘‘the policy and the timetable’’ and insert-
ing ‘‘updates to the policy and the time-
tables’’; and 
(iii) by striking subparagraph (D) and 
inserting the following: 
‘‘(D) support the efforts of the members of 
the Commission to implement the policy in ac-
cordance with such timetables; and’’; 
VerDate Sep 11 2014 
22:38 Jan 04, 2021
Jkt 019200
PO 00000
Frm 01107
Fmt 6652
Sfmt 6201
E:\BILLS\H2.RDS
H2
TKELLEY on DSKBCP9HB2PROD with BILLS
1108 
HR 2 RDS
(C) in paragraph (2)— 
(i) by striking the first sentence and 
inserting ‘‘In accordance with the time-
table developed in paragraph (1), Amtrak 
and commuter authorities on the North-
east Corridor shall implement the policy 
developed under paragraph (1) in agree-
ments for usage of facilities or services.’’; 
(ii) by striking ‘‘fail to implement 
such new agreements’’ and inserting ‘‘fail 
to implement the policy’’; and 
(iii) by striking ‘‘paragraph (1)(A), as 
applicable’’ and inserting ‘‘paragraph (1)’’; 
and 
(D) in paragraph (4) by striking ‘‘public 
authorities providing commuter rail passenger 
transportation’’ and inserting ‘‘commuter au-
thorities’’; 
(5) by striking subsection (d); 
(6) by redesignating subsection (e) as sub-
section (d); and 
(7) in paragraph (1)(D) of subsection (d) (as 
redesignated by paragraph (6)) by striking ‘‘com-
muter rail agencies’’ and inserting ‘‘commuter au-
thorities’’. 
VerDate Sep 11 2014 
22:38 Jan 04, 2021
Jkt 019200
PO 00000
Frm 01108
Fmt 6652
Sfmt 6201
E:\BILLS\H2.RDS
H2
TKELLEY on DSKBCP9HB2PROD with BILLS
1109 
HR 2 RDS
SEC. 9302. NORTHEAST CORRIDOR PLANNING. 
(a) IN GENERAL.—Section 24904 of title 49, United 
States Code, is amended— 
(1) by redesignating subsection (e) as sub-
section (f); 
(2) by striking subsection (c); 
(3) by redesignating subsections (a) and (b) as 
subsections (b) and (c), respectively; 
(4) by inserting before subsection (b), as so re-
designated, the following: 
‘‘(a) STRATEGIC DEVELOPMENT PLAN.— 
‘‘(1) REQUIREMENT.—Not later than December 
31, 2021, the Northeast Corridor Commission estab-
lished under section 24905 (referred to in this sec-
tion as the ‘Commission’) shall submit to Congress 
a strategic development plan that identifies key 
state-of-good-repair, capacity expansion, and capital 
improvement projects planned for the Northeast 
Corridor, to upgrade aging infrastructure and im-
prove the reliability, capacity, connectivity, perform-
ance, and resiliency of passenger rail service on the 
Northeast Corridor. 
‘‘(2) CONTENTS.—The strategic development 
plan required under paragraph (1) shall— 
‘‘(A) provide a coordinated and consensus- 
based plan covering a period of 15 years; 
VerDate Sep 11 2014 
22:38 Jan 04, 2021
Jkt 019200
PO 00000
Frm 01109
Fmt 6652
Sfmt 6201
E:\BILLS\H2.RDS
H2
TKELLEY on DSKBCP9HB2PROD with BILLS
1110 
HR 2 RDS
‘‘(B) identify service objectives and capital 
investments needs; 
‘‘(C) provide a delivery-constrained strat-
egy that identifies capital investment phasing, 
an evaluation of workforce needs, and strategies 
for managing resources and mitigating con-
struction impacts on operations; 
‘‘(D) include a financial strategy that iden-
tifies funding needs and potential sources and 
includes an economic impact analysis; and 
‘‘(E) be updated at least every 5 years.’’; 
(5) in subsection (b) (as redesignated by para-
graph (3))— 
(A) by striking ‘‘Not later than’’ and all 
that follows through ‘‘shall’’ and inserting ‘‘Not 
later than November 1 of each year, the Com-
mission shall’’; 
(B) in paragraph (1)(A) by striking ‘‘a 
capital investment plan’’ and inserting ‘‘an an-
nual capital investment plan’’; 
(C) in paragraph (2)— 
(i) in subparagraph (A) by striking 
‘‘and network optimization’’; 
(ii) in subparagraph (B) by striking 
‘‘and service’’; 
VerDate Sep 11 2014 
22:38 Jan 04, 2021
Jkt 019200
PO 00000
Frm 01110
Fmt 6652
Sfmt 6201
E:\BILLS\H2.RDS
H2
TKELLEY on DSKBCP9HB2PROD with BILLS
1111 
HR 2 RDS
(iii) in subparagraph (C) by striking 
‘‘first fiscal year after the date on which’’ 
and inserting ‘‘fiscal year during which’’; 
(iv) in subparagraph (D) by striking 
‘‘identify, prioritize,’’ and all that follows 
through ‘‘and consider’’ and inserting 
‘‘document the projects and programs 
being undertaken to achieve the service 
outcomes identified in the Northeast Cor-
ridor strategic development plan, once 
available, and the asset condition needs 
identified in the Northeast Corridor asset 
management plans and consider’’; and 
(v) in subparagraph (E)(i) by striking 
‘‘normalized capital replacement and’’; and 
(D) in paragraph (3)(B) by striking ‘‘ex-
pected allocated shares of costs’’ and inserting 
‘‘status of cost sharing agreements’’; 
(6) in subsection (c) (as redesignated by para-
graph (3)) by striking ‘‘may be spent only on’’ and 
all that follows through the end and inserting ‘‘may 
be spent only on capital projects and programs con-
tained in the Commission’s capital investment plan 
from the previous year.’’; and 
VerDate Sep 11 2014 
22:38 Jan 04, 2021
Jkt 019200
PO 00000
Frm 01111
Fmt 6652
Sfmt 6201
E:\BILLS\H2.RDS
H2
TKELLEY on DSKBCP9HB2PROD with BILLS
1112 
HR 2 RDS
(7) by striking subsection (d) and inserting the 
following: 
‘‘(d) REVIEW AND COORDINATION.—The Commis-
sion shall gather information from Amtrak, the States in 
which the Northeast Corridor is located, and commuter 
rail authorities to support development of the capital in-
vestment plan. The Commission may specify a format and 
other criteria for the information submitted. Submissions 
to the plan from Amtrak, States in which the Northeast 
Corridor are located, and commuter rail authorities shall 
be provided to the Commission in a manner that allows 
for a reasonable period of review by, and coordination 
with, affected agencies. 
‘‘(e) 
NORTHEAST
CORRIDOR
ASSET
MANAGE-
MENT.—With regard to existing infrastructure, Amtrak 
and other infrastructure owners that provide or support 
intercity rail passenger transportation on the Northeast 
Corridor shall develop an asset management system, and 
use and update such system as necessary, to develop sub-
missions to the Northeast Corridor capital investment 
plan described in subsection (b). Such system shall— 
‘‘(1) be consistent with the Federal Transit Ad-
ministration process, as authorized under section 
5326, when implemented; and 
‘‘(2) include, at a minimum— 
VerDate Sep 11 2014 
22:38 Jan 04, 2021
Jkt 019200
PO 00000
Frm 01112
Fmt 6652
Sfmt 6201
E:\BILLS\H2.RDS
H2
TKELLEY on DSKBCP9HB2PROD with BILLS
1113 
HR 2 RDS
‘‘(A) an inventory of all capital assets 
owned by the developer of the plan; 
‘‘(B) an assessment of asset condition; 
‘‘(C) a description of the resources and 
processes necessary to bring or maintain those 
assets in a state of good repair; and 
‘‘(D) a description of changes in asset con-
dition since the previous version of the plan.’’. 
(b) CONFORMING AMENDMENTS.— 
(1) ACCOUNTS.—Section 24317(d)(1) of title 
49, United States Code, is amended— 
(A) in subparagraph (B) by striking 
‘‘24904(a)(2)(E)’’ 
and 
inserting 
‘‘24904(b)(2)(E)’’; and 
(B) in subparagraph (F) by striking 
‘‘24904(b)’’ and inserting ‘‘24904(c)’’. 
(2) FEDERAL-STATE PARTNERSHIP FOR STATE 
OF GOOD REPAIR.—Section 24911(e)(2) of title 49, 
United States Code, is amended by striking 
‘‘24904(a)’’ and inserting ‘‘24904(b)’’. 
SEC. 9303. PROTECTIVE ARRANGEMENTS. 
Section 22905 of title 49, United States Code, is 
amended— 
(1) in subsection (c)(2)(B) by striking ‘‘that are 
equivalent to the protective arrangements established 
VerDate Sep 11 2014 
22:38 Jan 04, 2021
Jkt 019200
PO 00000
Frm 01113
Fmt 6652
Sfmt 6201
E:\BILLS\H2.RDS
H2
TKELLEY on DSKBCP9HB2PROD with BILLS
1114 
HR 2 RDS
under section 504 of the Railroad Revitalization and 
Regulatory Reform Act of 1976 (45 U.S.C. 836)’’ 
and inserting ‘‘established by the Secretary under 
subsection (e)(1)’’; 
(2) by redesignating subsections (e) and (f) as 
subsections (f) and (g), respectively; and 
(3) by inserting after subsection (d) the fol-
lowing: 
‘‘(e) EQUIVALENT EMPLOYEE PROTECTIONS.— 
‘‘(1) ESTABLISHMENT.—Not later than 90 days 
after the date of enactment of this subsection, the 
Administrator of the Federal Railroad Administra-
tion shall establish protective arrangements equiva-
lent to those established under section 504 of the 
Railroad Revitalization and Regulatory Reform Act 
of 1976 (45 U.S.C. 836), and require such protec-
tive arrangements to apply to employees described 
under subsection (c)(2)(B) and as required under 
subsection (j) of section 22907. 
‘‘(2) PUBLICATION.—The Administrator shall 
make available on a publicly available website the 
protective arrangements established under para-
graph (1).’’. 
VerDate Sep 11 2014 
22:38 Jan 04, 2021
Jkt 019200
PO 00000
Frm 01114
Fmt 6652
Sfmt 6201
E:\BILLS\H2.RDS
H2
TKELLEY on DSKBCP9HB2PROD with BILLS
1115 
HR 2 RDS
SEC. 9304. HIGH-SPEED RAIL FUNDS. 
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law and not later than 90 days after the date of 
enactment of this Act, the Secretary of Transportation 
shall reinstate any cooperative agreement terminated after 
January 1, 2019 that was originally entered into under 
the heading ‘‘Capital Assistance for High Speed Rail Cor-
ridors and Intercity Passenger Rail Service’’ in the De-
partment of Transportation Appropriations Act, 2010 
(Public Law 111–117). 
(b) INCLUSION.—The reinstatement under subsection 
(a) shall include the obligation to such agreement of all 
of the funds obligated to such agreement as of the date 
of termination of such agreement. 
(c) GRANT CONDITIONS.—The reinstatement under 
subsection (a) shall include all grant conditions required 
under such agreement, including section 22905(c)(2)(A) 
of title 49, United States Code, as of the date of termi-
nation of such agreement. 
TITLE IV—COMMUTER RAIL 
POLICY 
SEC. 9401. SURFACE TRANSPORTATION BOARD MEDIATION 
OF TRACKAGE USE REQUESTS. 
Section 28502 of title 49, United States Code, is 
amended to read as follows: 
VerDate Sep 11 2014 
22:38 Jan 04, 2021
Jkt 019200
PO 00000
Frm 01115
Fmt 6652
Sfmt 6201
E:\BILLS\H2.RDS
H2
TKELLEY on DSKBCP9HB2PROD with BILLS
1116 
HR 2 RDS
‘‘§ 28502. Surface Transportation Board mediation of 
trackage use requests 
‘‘A rail carrier shall provide good faith consideration 
to a reasonable request from a provider of commuter rail 
passenger transportation for access to trackage and provi-
sion of related services. If, after a reasonable period of 
negotiation, a public transportation authority cannot 
reach agreement with a rail carrier to use trackage of, and 
have related services provided by, the rail carrier for pur-
poses of commuter rail passenger transportation, the pub-
lic transportation authority or the rail carrier may apply 
to the Board for nonbinding mediation. In any case in 
which dispatching for the relevant trackage is controlled 
by a rail carrier other than the trackage owner, both shall 
be subject to the requirements of this section and included 
in the Board’s mediation process. The Board shall conduct 
the nonbinding mediation in accordance with the medi-
ation process of section 1109.4 of title 49, Code of Federal 
Regulations, as in effect on the date of enactment of the 
TRAIN Act.’’. 
SEC. 9402. SURFACE TRANSPORTATION BOARD MEDIATION 
OF RIGHTS-OF-WAY USE REQUESTS. 
Section 28503 of title 49, United States Code, is 
amended to read as follows: 
VerDate Sep 11 2014 
22:38 Jan 04, 2021
Jkt 019200
PO 00000
Frm 01116
Fmt 6652
Sfmt 6201
E:\BILLS\H2.RDS
H2
TKELLEY on DSKBCP9HB2PROD with BILLS
1117 
HR 2 RDS
‘‘§ 28503. Surface Transportation Board mediation of 
rights-of-way use requests 
‘‘A rail carrier shall provide good faith consideration 
to a reasonable request from a provider of commuter rail 
passenger transportation for access to rail right-of-way for 
the construction and operation of a segregated fixed guide-
way facility. If, after a reasonable period of negotiation, 
a public transportation authority cannot reach agreement 
with a rail carrier to acquire an interest in a railroad 
right-of-way for the construction and operation of a seg-
regated fixed guideway facility to provide commuter rail 
passenger transportation, the public transportation au-
thority or the rail carrier may apply to the Board for non-
binding mediation. In any case in which dispatching for 
the relevant trackage is controlled by a rail carrier other 
than the right-of-way owner, both shall be subject to the 
requirements of this section and included in the Board’s 
mediation process. The Board shall conduct the non-
binding mediation in accordance with the mediation proc-
ess of section 1109.4 of title 49, Code of Federal Regula-
tions, as in effect on the date of enactment of the TRAIN 
Act.’’. 
SEC. 
9403. 
CHICAGO 
UNION 
STATION 
IMPROVEMENT 
PLANS. 
(a) ONE-YEAR CAPITAL IMPROVEMENT PLAN.— 
VerDate Sep 11 2014 
22:38 Jan 04, 2021
Jkt 019200
PO 00000
Frm 01117
Fmt 6652
Sfmt 6201
E:\BILLS\H2.RDS
H2
TKELLEY on DSKBCP9HB2PROD with BILLS
1118 
HR 2 RDS
(1) IN GENERAL.—Not later than 90 days after 
the conclusion of the Surface Transportation Board 
proceeding in the petition by Amtrak for a pro-
ceeding pursuant to section 24903(c)(2) of title 49, 
United States Code (Docket No. FD 36332), Am-
trak and Metra shall enter into an agreement for a 
one-year capital improvement plan for Chicago 
Union Station. 
(2) EXTENSION.—The deadline under para-
graph (1) may be extended with the consent of both 
Amtrak and Metra. 
(3) SUBMISSION OF PLAN.—Amtrak and Metra 
shall transmit the one-year capital improvement plan 
to the Committee on Transportation and Infrastruc-
ture of the House of Representatives and Committee 
on Commerce, Science, and Transportation of the 
Senate. 
(b) FIVE-YEAR CAPITAL IMPROVEMENT PLAN.— 
(1) IN
GENERAL.—Not later than 180 days 
after the date on which Amtrak and Metra enter 
into the agreement under subsection (a), Amtrak 
shall enter into an agreement with Metra for a 5- 
year capital improvement plan for Chicago Union 
Station. 
VerDate Sep 11 2014 
22:38 Jan 04, 2021
Jkt 019200
PO 00000
Frm 01118
Fmt 6652
Sfmt 6201
E:\BILLS\H2.RDS
H2
TKELLEY on DSKBCP9HB2PROD with BILLS
1119 
HR 2 RDS
(2) EXTENSION.—The deadline required under 
paragraph (1) may be extended with the consent of 
both Amtrak and Metra. 
(3) SUBMISSION OF PLAN.—Amtrak and Metra 
shall transmit the 5-year capital improvement plan 
to the Committee on Transportation and Infrastruc-
ture of the House of Representatives and Committee 
on Commerce, Science, and Transportation of the 
Senate. 
(c) CONTENTS.—The capital improvement plans re-
quired under subsections (a) and (b) shall identify the 
projects that Amtrak and Metra agree to implement at 
Chicago Union Station within the timeframe of each such 
plan, including projects that improve— 
(1) areas considered outside the glass such as 
tracks, platforms switches, and other rail infrastruc-
ture; 
(2) facilities for Amtrak and Metra crew; and 
(3) the operations of Chicago Union Station, 
such as the dispatching of commuter and intercity 
passenger trains out of Chicago Union Station. 
(d) ANNUAL PROGRESS REPORT.—Not later than 1 
year after the date on which Amtrak and Metra enter into 
an agreement required under subsection (b), and annually 
thereafter for 5 years, Amtrak and Metra shall jointly sub-
VerDate Sep 11 2014 
22:38 Jan 04, 2021
Jkt 019200
PO 00000
Frm 01119
Fmt 6652
Sfmt 6201
E:\BILLS\H2.RDS
H2
TKELLEY on DSKBCP9HB2PROD with BILLS
1120 
HR 2 RDS
mit to the Committee on Transportation and Infrastruc-
ture of the House of Representatives and the Committee 
on Commerce, Science, and Transportation of the Senate 
a report describing the progress Amtrak and Metra have 
made in implementing the plan required under subsection 
(b). 
(e) DEFINITIONS.—In this section: 
(1) CHICAGO UNION STATION.—The term ‘‘Chi-
cago Union Station’’ means the passenger train sta-
tion located at 225 South Canal Street, Chicago, Il-
linois 60606, and its associated facilities. 
(2) METRA.—The term ‘‘Metra’’ means the 
Northeast Illinois Regional Commuter Railroad Cor-
poration. 
TITLE V—RAIL SAFETY 
Subtitle A—Passenger and Freight 
Safety 
SEC. 9501. NATIONAL ACADEMIES STUDY ON SAFETY IM-
PACT OF TRAINS LONGER THAN 7,500 FEET. 
(a) STUDY.—The Secretary of Transportation shall 
seek to enter into an agreement with the National Acad-
emies to conduct a study and issue to the Committee on 
Transportation and Infrastructure of the House of Rep-
resentatives and the Committee on Commerce, Science, 
VerDate Sep 11 2014 
22:38 Jan 04, 2021
Jkt 019200
PO 00000
Frm 01120
Fmt 6652
Sfmt 6201
E:\BILLS\H2.RDS
H2
TKELLEY on DSKBCP9HB2PROD with BILLS
1121 
HR 2 RDS
and Transportation of the Senate a report on the safety 
impacts of freight trains longer than 7,500 feet. 
(b) CONTENTS.—The study conducted pursuant to 
subsection (a) shall include— 
(1) an examination of any potential risks of the 
operation of such trains and recommendations on 
mitigation of such risks; 
(2) among other safety factors with respect to 
such trains, an evaluation of— 
(A) any increased risk of loss of commu-
nications between the end of train device and 
the locomotive cab, including communications 
over differing terrains and conditions; 
(B) any increased risk of loss of commu-
nications between crewmembers, including com-
munications over differing terrains and condi-
tions; 
(C) any increased risk of derailments, in-
cluding risks associated with in-train compres-
sive forces and slack action or other safety risks 
in the operations of such trains in differing ter-
rains and conditions; 
(D) safety risks associated with the deploy-
ment of multiple distributed power units in the 
consists of such trains; and 
VerDate Sep 11 2014 
22:38 Jan 04, 2021
Jkt 019200
PO 00000
Frm 01121
Fmt 6652
Sfmt 6201
E:\BILLS\H2.RDS
H2
TKELLEY on DSKBCP9HB2PROD with BILLS
1122 
HR 2 RDS
(E) impacts of the length of trains on 
braking and locomotive performance and track 
wear and tear; and 
(3) an evaluation of whether additional engineer 
and conductor training is required for safely oper-
ating such trains. 
(c) REPORT.—Not later than 24 months after the 
date of enactment of this Act, the Secretary shall submit 
to the Committee on Transportation and Infrastructure 
of the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate a 
report on the results of the study. 
(d) FUNDING.—From the amounts made available 
for fiscal year 2021 to carry out section 20117(a) of title 
49, United States Code, the Secretary shall expend not 
less than $1,000,000 and not more than $2,000,000 to 
carry out the study required under subsection (a). 
SEC. 9502. GAO STUDY ON CHANGES IN FREIGHT RAILROAD 
OPERATING AND SCHEDULING PRACTICES. 
(a) STUDY.—The Comptroller General of the United 
States shall study the impact on freight rail shippers, Am-
trak, commuter railroads, railroad employees, and other 
affected parties of changes in freight railroad operating 
and scheduling practices as a result of the implementation 
of the precision scheduled railroading model. 
VerDate Sep 11 2014 
22:38 Jan 04, 2021
Jkt 019200
PO 00000
Frm 01122
Fmt 6652
Sfmt 6201
E:\BILLS\H2.RDS
H2
TKELLEY on DSKBCP9HB2PROD with BILLS
1123 
HR 2 RDS
(b) CONTENTS.—At minimum, the study shall exam-
ine— 
(1) the impacts of the operation of longer 
trains; 
(2) safety impacts of reduction in workforce, in-
cluding occupational injury rates, impacts to inspec-
tion frequencies and repair quality, and changes in 
workforce demands; 
(3) the elimination or downsizing of yards, re-
pair facilities, and other operational facilities; 
(4) increases in demurrage or accessorial 
charges or other costs to shippers; 
(5) capital expenditures for rail infrastructure; 
and 
(6) the effect of changes to dispatching prac-
tices and locations of dispatching centers on— 
(A) the on-time performance of passenger 
trains; and 
(B) the quality and reliability of service to 
freight shippers. 
(c) REPORT.—Not later than 1 year after the date 
of enactment of this Act, the Comptroller General shall 
submit to the Committee on Transportation and Infra-
structure of the House of Representatives and the Com-
mittee on Commerce, Science, and Transportation of the 
VerDate Sep 11 2014 
22:38 Jan 04, 2021
Jkt 019200
PO 00000
Frm 01123
Fmt 6652
Sfmt 6201
E:\BILLS\H2.RDS
H2
TKELLEY on DSKBCP9HB2PROD with BILLS
1124 
HR 2 RDS
Senate a report summarizing the study and the results 
of such study, including recommendations for addressing 
any negative impacts of precision scheduled railroading on 
freight shippers or passenger railroads. 
SEC. 9503. FRA SAFETY REPORTING. 
(a) IN GENERAL.—Section 20901 of title 49, United 
States Code, is amended by inserting ‘‘(including the train 
length, the number of crew members on board the train, 
and the duties of such crew members)’’ after ‘‘reported 
accident or incident’’. 
(b) REGULATIONS.—Not later than 180 days after 
the date of enactment of this Act, the Secretary of Trans-
portation shall issue such regulations as are necessary to 
carry out the amendment made by subsection (a). 
SEC. 9504. WAIVER NOTICE REQUIREMENTS. 
Section 20103(d) of title 49, United States Code, is 
amended to read as follows: 
‘‘(d) NONEMERGENCY WAIVERS.— 
‘‘(1) IN GENERAL.—The Secretary may waive 
compliance with any part of a regulation prescribed 
or order issued under this chapter if the waiver is 
in the public interest and consistent with railroad 
safety. 
‘‘(2) 
NOTICE
REQUIRED.—The 
Secretary 
shall— 
VerDate Sep 11 2014 
22:38 Jan 04, 2021
Jkt 019200
PO 00000
Frm 01124
Fmt 6652
Sfmt 6201
E:\BILLS\H2.RDS
H2
TKELLEY on DSKBCP9HB2PROD with BILLS
1125 
HR 2 RDS
‘‘(A) provide timely public notice of any re-
quest for a waiver under this subsection; 
‘‘(B) make the application for such waiver 
and any related underlying data available to in-
terested parties; 
‘‘(C) provide the public with notice and a 
reasonable opportunity to comment on a pro-
posed waiver under this subsection before mak-
ing a final decision; and 
‘‘(D) make public the reasons for granting 
a waiver under this subsection. 
‘‘(3) INFORMATION PROTECTION.—Nothing in 
this subsection shall be construed to require the re-
lease of information protected by law from public 
disclosure.’’. 
SEC. 9505. NOTICE OF FRA COMPREHENSIVE SAFETY AS-
SESSMENTS. 
(a) INITIAL NOTICE.—Not later than 10 business 
days after the Federal Railroad Administration initiates 
a comprehensive safety assessment of an entity providing 
regularly scheduled intercity or commuter rail passenger 
transportation, the Federal Railroad Administration shall 
notify in electronic format the Committee on Transpor-
tation and Infrastructure of the House of Representatives 
and the Committee on Commerce, Science, and Transpor-
VerDate Sep 11 2014 
22:38 Jan 04, 2021
Jkt 019200
PO 00000
Frm 01125
Fmt 6652
Sfmt 6201
E:\BILLS\H2.RDS
H2
TKELLEY on DSKBCP9HB2PROD with BILLS
1126 
HR 2 RDS
tation of the Senate, and each member of Congress rep-
resenting a State in which the service that is the subject 
of the assessment being conducted is located, of the initi-
ation of such assessment. 
(b) FINDINGS.—Not later than 90 days after comple-
tion of a comprehensive safety assessment described in 
subsection (a), the Federal Railroad Administration shall 
transmit in electronic format to the Committee on Trans-
portation and Infrastructure of the House of Representa-
tives and the Committee on Commerce, Science, and 
Transportation of the Senate, and to each member of Con-
gress representing a State in which the service that is the 
subject of the assessment being conducted is located, the 
findings of such assessment, including identified defects 
and any recommendations. 
(c) DEFINITION OF COMPREHENSIVE SAFETY AS-
SESSMENT.—In this section, the term ‘‘comprehensive 
safety assessment’’ means a focused review of the safety- 
related processes and procedures, compliance with safety 
regulations and requirements, and overall safety culture 
of an entity providing regularly scheduled intercity or com-
muter rail passenger transportation. 
SEC. 9506. FRA ACCIDENT AND INCIDENT INVESTIGATIONS. 
Section 20902 of title 49, United States Code, is 
amended— 
VerDate Sep 11 2014 
22:38 Jan 04, 2021
Jkt 019200
PO 00000
Frm 01126
Fmt 6652
Sfmt 6201
E:\BILLS\H2.RDS
H2
TKELLEY on DSKBCP9HB2PROD with BILLS
1127 
HR 2 RDS
(1) in subsection (b) by striking ‘‘subpena’’ and 
inserting ‘‘subpoena’’; and 
(2) by adding at the end the following: 
‘‘(d) GATHERING INFORMATION
AND TECHNICAL 
EXPERTISE.— 
‘‘(1) IN GENERAL.—The Secretary shall create 
a standard process for investigators to use during 
accident and incident investigations conducted under 
this section for determining when it is appropriate 
to, and how to— 
‘‘(A) gather information about an accident 
or incident under investigation from railroad 
carriers, contractors or employees of railroad 
carriers or representatives of employees of rail-
road carriers, and others, as determined rel-
evant by the Secretary; and 
‘‘(B) consult with railroad carriers, con-
tractors or employees of railroad carriers or 
representatives of employees of railroad car-
riers, and others, as determined relevant by the 
Secretary, for technical expertise on the facts of 
the accident or incident under investigation. 
‘‘(2) CONFIDENTIALITY.—In developing the 
process under paragraph (1), the Secretary shall fac-
VerDate Sep 11 2014 
22:38 Jan 04, 2021
Jkt 019200
PO 00000
Frm 01127
Fmt 6652
Sfmt 6201
E:\BILLS\H2.RDS
H2
TKELLEY on DSKBCP9HB2PROD with BILLS
1128 
HR 2 RDS
tor in ways to maintain the confidentiality of any en-
tity identified under paragraph (1) if— 
‘‘(A) such entity requests confidentiality; 
‘‘(B) such entity was not involved in the 
accident or incident; and 
‘‘(C) maintaining such entity’s confiden-
tiality does not adversely affect an investigation 
of the Federal Railroad Administration. 
‘‘(3) APPLICATION
OF
LAW.—This subsection 
shall not apply to any investigation carried out by 
the National Transportation Safety Board.’’. 
SEC. 9507. RAIL SAFETY IMPROVEMENTS. 
(a) FEDERAL RAILROAD ADMINISTRATION REQUIRE-
MENTS.—Not later than 18 months after the date of en-
actment of this Act, the Secretary of Transportation shall 
carry out the following: 
(1) Complete a study on how signage can be 
used to improve safety in the rail industry that in-
cludes— 
(A) a review of how signs used for other 
modes of transportation may be effectively used 
in the rail industry; 
(B) a review of how signs used in the rail-
road industry differ; and 
VerDate Sep 11 2014 
22:38 Jan 04, 2021
Jkt 019200
PO 00000
Frm 01128
Fmt 6652
Sfmt 6201
E:\BILLS\H2.RDS
H2
TKELLEY on DSKBCP9HB2PROD with BILLS
1129 
HR 2 RDS
(C) an analysis of whether a uniform sys-
tem for speed signs across the United States 
rail system would benefit the railroad industry 
and improve safety. 
(2) Reevaluate seat securement mechanisms 
and the susceptibility of such mechanisms to inad-
vertent rotation, and identify a means to prevent the 
failure of such mechanisms to maintain seat secure-
ment. 
(3) Conduct research to evaluate the causes of 
passenger injuries in passenger railcar derailments 
and overturns and evaluate potential methods for 
mitigating such injuries. 
(4) Based on the research conducted under 
paragraph (3), develop occupant protection stand-
ards for passenger railcars that will mitigate pas-
senger injuries likely to occur during derailments 
and overturns. 
(5) Develop policies for the safe use of child 
seats to prevent uncontrolled or unexpected move-
ments in intercity passenger trains from disrupting 
the secure position of such seats. 
(b) REQUIREMENTS FOR AMTRAK.—Not later than 
18 months after the date of enactment of this Act, Amtrak 
shall— 
VerDate Sep 11 2014 
22:38 Jan 04, 2021
Jkt 019200
PO 00000
Frm 01129
Fmt 6652
Sfmt 6201
E:\BILLS\H2.RDS
H2
TKELLEY on DSKBCP9HB2PROD with BILLS
1130 
HR 2 RDS
(1) ensure operating crewmembers demonstrate 
proficiency, under daylight and nighttime conditions, 
on the physical characteristics of a territory by using 
all resources available, including in-cab instruments, 
observation rides, throttle time, signage, signals, and 
landmarks; 
(2) ensure the proficiency required under para-
graph (1) is demonstrated on written examinations; 
(3) revise classroom and road training pro-
grams to ensure that operating crews fully under-
stand 
all 
locomotive 
operating 
characteristics, 
alarms, and the appropriate response to abnormal 
conditions; 
(4) when possible, require that all engineers un-
dergo simulator training— 
(A) before operating new or unfamiliar 
equipment (at a minimum, experience and re-
spond properly to all alarms); and 
(B) to experience normal and abnormal 
conditions on new territory before operating in 
revenue service on such new territory; 
(5) ensure that simulator training specified in 
paragraph (4) supplements the hours engineers 
spend training on new equipment before becoming 
certified on such equipment and performing runs on 
VerDate Sep 11 2014 
22:38 Jan 04, 2021
Jkt 019200
PO 00000
Frm 01130
Fmt 6652
Sfmt 6201
E:\BILLS\H2.RDS
H2
TKELLEY on DSKBCP9HB2PROD with BILLS
1131 
HR 2 RDS
new territory before becoming qualified on such ter-
ritory; 
(6) implement a formal, systematic approach to 
developing training and qualification programs to 
identify the most effective strategies for preparing 
crewmembers to safely operate new equipment on 
new territories; 
(7) work in consultation with host railroad car-
riers and States that own infrastructure over which 
Amtrak operates to complete a comprehensive as-
sessment of the territories to ensure that necessary 
wayside signs and plaques are identified, highly no-
ticeable, and strategically located to provide oper-
ating crews the information needed to safely operate 
trains; 
(8) update the safety review process to ensure 
that all operating documents are up to date and ac-
curate before initiating new or revised revenue oper-
ations; 
(9) incorporate all prerevenue service planning, 
construction, and route verification work into the 
scope of a corporate-wide system safety plan, includ-
ing through rules and policies, risk assessment anal-
yses, safety assurances, and safety promotions; and 
VerDate Sep 11 2014 
22:38 Jan 04, 2021
Jkt 019200
PO 00000
Frm 01131
Fmt 6652
Sfmt 6201
E:\BILLS\H2.RDS
H2
TKELLEY on DSKBCP9HB2PROD with BILLS
1132 
HR 2 RDS
(10) conduct risk assessments on all new or up-
graded services that occur on Amtrak-owned terri-
tory, host railroads, or in States that own infra-
structure over which Amtrak operates. 
(c) REPORT.—Not later than 18 months after the 
date of enactment of this Act, the Secretary and Amtrak 
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 a report on their progress on meeting the require-
ments under subsections (a) and (b), respectively, includ-
ing a description of all completed elements of the require-
ments. 
SEC. 9508. ANNUAL REVIEW OF SPEED LIMIT ACTION 
PLANS. 
Section 11406 of the FAST Act (Public Law 114– 
94) is amended— 
(1) in subsection (c) by inserting ‘‘or subsection 
(d)(2)’’ after ‘‘subsection (b)’’; 
(2) by redesignating subsections (d) through (f) 
as subsections (e) through (g), respectively; 
(3) by inserting after subsection (c) the fol-
lowing: 
VerDate Sep 11 2014 
22:38 Jan 04, 2021
Jkt 019200
PO 00000
Frm 01132
Fmt 6652
Sfmt 6201
E:\BILLS\H2.RDS
H2
TKELLEY on DSKBCP9HB2PROD with BILLS
1133 
HR 2 RDS
‘‘(d) PERIODIC REVIEWS AND UPDATES.—Each rail-
road carrier that files an action plan under subsection (b) 
shall— 
‘‘(1) not later than 1 year after the date of en-
actment of the TRAIN Act, and annually thereafter, 
review such plan to ensure the effectiveness of ac-
tions taken to enable warning and enforcement of 
the maximum authorized speed for passenger trains 
at each location identified under subsection (b)(1); 
and 
‘‘(2) not later than 90 days prior to imple-
menting any operational or territorial operating 
change, including initiating a new service or route, 
submit to the Secretary a revised action plan that 
addresses such operational or territorial operating 
change.’’; and 
(4) by adding at the end the following: 
‘‘(h) PROHIBITION.—No new intercity rail passenger 
transportation or commuter rail passenger service may 
begin operation unless the railroad carrier providing such 
service is in compliance with this section.’’. 
SEC. 9509. FREIGHT TRAIN CREW SIZE SAFETY STANDARDS. 
(a) IN GENERAL.—Subchapter II of chapter 201 of 
title 49, United States Code, is amended by adding at the 
end the following: 
VerDate Sep 11 2014 
22:38 Jan 04, 2021
Jkt 019200
PO 00000
Frm 01133
Fmt 6652
Sfmt 6201
E:\BILLS\H2.RDS
H2
TKELLEY on DSKBCP9HB2PROD with BILLS
1134 
HR 2 RDS
‘‘§ 20169. Freight train crew size safety standards 
‘‘(a) MINIMUM CREW SIZE.—No freight train may be 
operated unless such train has a crew of at least one ap-
propriately qualified and certified conductor and one ap-
propriately qualified and certified engineer. 
‘‘(b) EXCEPTIONS.—Except as provided in subsection 
(d), the prohibition in subsection (a) shall not apply in 
any of the following circumstances: 
‘‘(1) Train operations within a rail yard or ter-
minal area or on auxiliary or industry tracks. 
‘‘(2) A train operated— 
‘‘(A) by a railroad carrier that has fewer 
than 400,000 total employee work hours annu-
ally and less than $40,000,000 annual revenue 
(adjusted for inflation as measured by the Sur-
face Transportation Board Railroad Inflation- 
Adjusted Index); 
‘‘(B) at a speed of not more than 25 miles 
per hour; and 
‘‘(C) on a track with an average track 
grade of less than 2 percent for any segment of 
track that is at least 2 continuous miles. 
‘‘(3) Locomotives performing assistance to a 
train that has incurred mechanical failure or lacks 
the power to traverse difficult terrain, including 
VerDate Sep 11 2014 
22:38 Jan 04, 2021
Jkt 019200
PO 00000
Frm 01134
Fmt 6652
Sfmt 6201
E:\BILLS\H2.RDS
H2
TKELLEY on DSKBCP9HB2PROD with BILLS
1135 
HR 2 RDS
traveling to or from the location where assistance is 
provided. 
‘‘(4) Locomotives that— 
‘‘(A) are not attached to any equipment or 
attached only to a caboose; and 
‘‘(B) do not travel farther than 30 miles 
from a rail yard. 
‘‘(5) Train operations staffed with fewer than a 
two-person crew at least 1 year prior to the date of 
enactment of this section, if the Secretary deter-
mines that the operation achieves an equivalent level 
of safety. 
‘‘(c) TRAINS INELIGIBLE FOR EXCEPTION.—The ex-
ceptions under subsection (b) may not be applied to— 
‘‘(1) a train transporting 1 or more loaded cars 
carrying material toxic by inhalation, as defined in 
section 171.8 of title 49, Code of Federal Regula-
tions; 
‘‘(2) a train carrying 20 or more loaded tank 
cars of a Class 2 material or a Class 3 flammable 
liquid in a continuous block or a single train car-
rying 35 or more loaded tank cars of a Class 2 ma-
terial or a Class 3 flammable liquid throughout the 
train consist; and 
VerDate Sep 11 2014 
22:38 Jan 04, 2021
Jkt 019200
PO 00000
Frm 01135
Fmt 6652
Sfmt 6201
E:\BILLS\H2.RDS
H2
TKELLEY on DSKBCP9HB2PROD with BILLS
1136 
HR 2 RDS
‘‘(3) a train with a total length of 7,500 feet or 
greater. 
‘‘(d) WAIVER.—A railroad carrier may seek a waiver 
of the requirements of this section pursuant to section 
20103(d).’’. 
(b) CLERICAL AMENDMENT.—The analysis for sub-
chapter II of chapter 201 of title 49, United States Code, 
is amended by adding at the end the following: 
‘‘20169. Freight train crew size safety standards.’’. 
SEC. 9510. SAFE CROSS BORDER OPERATIONS. 
(a) IN GENERAL.—Section 416 title IV of division 
A of the Rail Safety Improvement Act of 2008 (49 U.S.C. 
20107 note) is amended— 
(1) by striking ‘‘Mechanical and brake’’ and in-
serting ‘‘(a) IN GENERAL.—Mechanical and brake’’; 
and 
(2) by adding at the end the following: 
‘‘(b) WAIVER.—The Secretary may not grant any 
waiver or waiver modification that provides for the ability 
to perform mechanical or brake inspections of rail cars 
in Mexico in lieu of complying with the certification re-
quirements of this section.’’. 
(b) SAFETY
STANDARDS
FOR
CERTAIN
RAIL 
CREWS.— 
(1) IN GENERAL.—Title IV of division A of the 
Rail Safety Improvement Act of 2008 (Public Law 
VerDate Sep 11 2014 
22:38 Jan 04, 2021
Jkt 019200
PO 00000
Frm 01136
Fmt 6652
Sfmt 6201
E:\BILLS\H2.RDS
H2
TKELLEY on DSKBCP9HB2PROD with BILLS
1137 
HR 2 RDS
110–432) is amended by adding at the end the fol-
lowing: 
‘‘SEC. 421. SAFETY STANDARDS FOR CERTAIN RAIL CREWS. 
‘‘(a) IN GENERAL.—The Secretary of Transportation 
may not permit covered rail employees to enter the United 
States to perform train or dispatching service unless the 
Secretary certifies that— 
‘‘(1) Mexico has adopted and is enforcing safety 
standards for covered rail employees that are equiva-
lent to, or greater than, those applicable to railroad 
employees whose primary reporting point is in the 
United States, including qualification and certifi-
cation requirements under parts 240 and 242 of title 
49, Code of Federal Regulations; 
‘‘(2) covered rail employees are subject to the 
alcohol and drug testing requirements in part 219 of 
title 49, Code of Federal Regulations, including the 
requirements of subparts F, G, and H of such part, 
to the same extent as such requirements apply to 
railroad employees whose primary reporting point is 
in the United States and who are subject to such 
part; 
‘‘(3) covered rail employees are subject to hours 
of service requirements under section 21103 of title 
VerDate Sep 11 2014 
22:38 Jan 04, 2021
Jkt 019200
PO 00000
Frm 01137
Fmt 6652
Sfmt 6201
E:\BILLS\H2.RDS
H2
TKELLEY on DSKBCP9HB2PROD with BILLS
1138 
HR 2 RDS
49, United States Code, at all times any such em-
ployee is on duty, regardless of location; 
‘‘(4) covered rail employees are subject to the 
motor vehicle driving record evaluation requirements 
in section 240.115 of title 49, Code of Federal Reg-
ulations, to the same extent as such requirements 
apply to railroad employees whose primary reporting 
point is in the United States and are subject to such 
section, and that such evaluation includes driving 
records from the same country as the employee’s 
primary reporting point; and 
‘‘(5) the Federal Railroad Administration is 
permitted to perform onsite inspections of rail facili-
ties in Mexico to ensure compliance with paragraphs 
(1) and (2). 
‘‘(b) NOTICE REQUIRED.— 
‘‘(1) IN GENERAL.—Not later than 5 days after 
the date on which the Secretary certifies each of the 
requirements under paragraphs (1) through (5) of 
subsection (a), the Secretary shall publish in the 
Federal Register— 
‘‘(A) notice of each such certification; and 
‘‘(B) documentation supporting each such 
certification. 
VerDate Sep 11 2014 
22:38 Jan 04, 2021
Jkt 019200
PO 00000
Frm 01138
Fmt 6652
Sfmt 6201
E:\BILLS\H2.RDS
H2
TKELLEY on DSKBCP9HB2PROD with BILLS
1139 
HR 2 RDS
‘‘(2) PUBLIC COMMENT.—To ensure compliance 
with the requirements of this section and any other 
applicable safety requirements, the Secretary shall— 
‘‘(A) allow for public comment on the no-
tice required under paragraph (1); and 
‘‘(B) hold a public hearing on such notice. 
‘‘(3) CONGRESSIONAL NOTICE.—On the date on 
which each publication required under paragraph (1) 
is published in the Federal Register, the Secretary 
shall notify the Committee on Transportation and 
Infrastructure of the House of Representatives and 
the Committee on Commerce, Science, and Trans-
portation of the Senate of such publication. 
‘‘(c) DRUG AND ALCOHOL TESTING.— 
‘‘(1) NONAPPLICATION
OF
EXEMPTION.—For 
purposes of compliance with subsection (a)(2), the 
exemption contained in part 219.3(d)(2) of title 49, 
Code of Federal Regulations, shall not apply. 
‘‘(2) AUDIT BY OFFICE OF DRUG AND ALCOHOL 
COMPLIANCE.—To ensure compliance with the drug 
and alcohol testing programs described in subsection 
(a)(2), the Office of Drug and Alcohol Compliance 
in the Department of Transportation shall conduct 
an annual audit of such programs and recommend 
enforcement actions as needed. 
VerDate Sep 11 2014 
22:38 Jan 04, 2021
Jkt 019200
PO 00000
Frm 01139
Fmt 6652
Sfmt 6201
E:\BILLS\H2.RDS
H2
TKELLEY on DSKBCP9HB2PROD with BILLS
1140 
HR 2 RDS
‘‘(d) DEFINITION OF COVERED RAIL EMPLOYEE.— 
In this section, the term ‘covered rail employee’ means a 
railroad employee whose primary reporting point is in 
Mexico.’’. 
(2) CLERICAL AMENDMENT.—The table of con-
tents in section 1(b) of the Rail Safety Improvement 
Act of 2008 (Public Law 110–432), is amended by 
inserting after the item relating to section 420 the 
following: 
‘‘Sec. 421. Safety standards for certain rail crews.’’. 
SEC. 9511. YARDMASTERS HOURS OF SERVICE. 
(a) LIMITATIONS ON DUTY HOURS OF YARDMASTER 
EMPLOYEES.—Section 21103 of title 49, United States 
Code, is amended— 
(1) in the section heading by inserting ‘‘AND 
YARDMASTER
EMPLOYEES’’ after ‘‘TRAIN
EM-
PLOYEES’’; 
(2) by inserting ‘‘or yardmaster employee’’ after 
‘‘train employee’’ each place it appears; and 
(3) 
in 
subsection 
(e) 
by 
inserting 
‘‘or 
yardmaster employee’s’’ after ‘‘During a train em-
ployee’s’’. 
(b) DEFINITIONS.—Section 21101 of title 49, United 
States Code, is amended— 
VerDate Sep 11 2014 
22:38 Jan 04, 2021
Jkt 019200
PO 00000
Frm 01140
Fmt 6652
Sfmt 6201
E:\BILLS\H2.RDS
H2
TKELLEY on DSKBCP9HB2PROD with BILLS
1141 
HR 2 RDS
(1) in paragraph (3) by inserting ‘‘a yardmaster 
employee,’’ after ‘‘dispatching service employee,’’; 
and 
(2) by adding at the end the following: 
‘‘(6) ‘yardmaster employee’ means an indi-
vidual responsible for supervising and coordi-
nating the control of trains and engines oper-
ating within a rail yard.’’. 
(c) CONFORMING AMENDMENT.—The analysis for 
chapter 211 of title 49, United States Code, is amended 
by striking the item relating to section 21103 and insert-
ing the following: 
‘‘21103. Limitations on duty hours of train employees and yardmaster employ-
ees.’’. 
SEC. 9512. LEAKING BRAKES. 
(a) IN GENERAL.—The Administrator of the Federal 
Railroad Administration shall take such actions as are 
necessary to ensure that no air brake control valve (de-
fined in this section as an air brake control valve that was 
subject to the circular letter issued by the Association of 
American Railroads issued on October 25, 2013 (C– 
12027)) manufactured before January 1, 2006, is 
equipped on a rail car operating on— 
(1) a unit train north of the 37th parallel on 
or after August 1, 2022; or 
VerDate Sep 11 2014 
22:38 Jan 04, 2021
Jkt 019200
PO 00000
Frm 01141
Fmt 6652
Sfmt 6201
E:\BILLS\H2.RDS
H2
TKELLEY on DSKBCP9HB2PROD with BILLS
1142 
HR 2 RDS
(2) a non-unit train north of the 37th parallel 
on or after August 1, 2024. 
(b) REPORTS.—Not later than 1 year after the date 
of enactment of this Act, and every year thereafter until 
brake valves described in subsection (a) are no longer op-
erating on rail cars as required under subsection (a), the 
Administrator shall transmit to the Committee on Trans-
portation and Infrastructure of the House of Representa-
tives and the Committee on Commerce, Science, and 
Transportation of the Senate a report that identifies— 
(1) the estimated number of such brake valves 
on rail cars operating on— 
(A) unit trains north of the 37th parallel; 
and 
(B) non-unit trains north of the 37th par-
allel; 
(2) any issues affecting the industry’s progress 
toward ensuring that such brake valves are phased 
out in accordance with the requirements of sub-
section (a); and 
(3) efforts the Administrator has taken since 
the previous report to ensure such brake valves are 
phased out in accordance with the requirements of 
subsection (a). 
VerDate Sep 11 2014 
22:38 Jan 04, 2021
Jkt 019200
PO 00000
Frm 01142
Fmt 6652
Sfmt 6201
E:\BILLS\H2.RDS
H2
TKELLEY on DSKBCP9HB2PROD with BILLS
1143 
HR 2 RDS
(c) ADDITIONAL VALVES.—If the Administrator de-
termines that air brake control valves not covered under 
subsection (a) demonstrate leakage in low temperatures 
similar to the leakage exhibited by the air brake control 
valve identified in subsection (a), the Administrator shall 
ensure that the air brake control valves determined to be 
demonstrating leakage under this subsection are phased 
out in accordance with the requirements of subsection (a). 
SEC. 9513. ANNUAL REPORT ON PTC SYSTEM FAILURES. 
Section 20157 of title 49, United States Code, is 
amended by adding at the end the following: 
‘‘(m) ANNUAL REPORT OF SYSTEM FAILURES.—Not 
later than April 16 of each calendar year following the 
date of an implementation deadline under subsection 
(a)(1), each railroad shall submit to the Secretary a report 
containing the number of positive train control system fail-
ures, separated by each major hardware category, that oc-
curred during the previous calendar year.’’. 
SEC. 9514. FATIGUE REDUCTION PILOT PROJECTS. 
(a) SENSE OF CONGRESS.—It is the sense of Con-
gress that— 
(1) maintaining the highest level of safety 
across the nation’s railroad network is of critical im-
portance; 
VerDate Sep 11 2014 
22:38 Jan 04, 2021
Jkt 019200
PO 00000
Frm 01143
Fmt 6652
Sfmt 6201
E:\BILLS\H2.RDS
H2
TKELLEY on DSKBCP9HB2PROD with BILLS
1144 
HR 2 RDS
(2) ensuring the safety of rail transportation re-
quires the full attention of all workers engaged in 
safety-critical functions; 
(3) fatigue degrades an individual’s ability to 
stay awake, alert, and attentive to the demands of 
safe job performance; 
(4) the cognitive impairments to railroad work-
ers that result from fatigue can cause dangerous sit-
uations that put workers and communities at risk; 
(5) the Rail Safety Improvement Act of 2008 
mandated that the Federal Railroad Administration 
conduct two pilot projects to analyze specific prac-
tices that may be used to reduce fatigue in employ-
ees and as of the date of enactment of this Act, nei-
ther pilot project has commenced; and 
(6) the Federal Railroad Administration should 
coordinate with the industry and the workforce to 
commence and complete the fatigue pilot projects 
mandated in 2008. 
(b) PILOT PROJECTS.—Section 21109(e) of title 49, 
United States Code, is amended— 
(1) by striking ‘‘Not later than 2 years after 
the date of enactment of the Rail Safety Improve-
ment Act of 2008’’ and inserting ‘‘Not later than 1 
VerDate Sep 11 2014 
22:38 Jan 04, 2021
Jkt 019200
PO 00000
Frm 01144
Fmt 6652
Sfmt 6201
E:\BILLS\H2.RDS
H2
TKELLEY on DSKBCP9HB2PROD with BILLS
1145 
HR 2 RDS
year after the date of enactment of the TRAIN 
Act’’; and 
(2) by adding at the end the following: 
‘‘(3) COORDINATION.—The pilot projects re-
quired under paragraph (1) shall be developed and 
evaluated in coordination with the labor organization 
representing the class or craft of employees impacted 
by the pilot projects.’’. 
(c) REIMBURSEMENT.—The Secretary of Transpor-
tation may reimburse railroads participating in the pilot 
projects under 21109(e) of title 49, United States Code, 
a share of the costs associated with the pilot projects, as 
determined by the Secretary. 
(d) REPORT.— 
(1) IN GENERAL.—If the pilot projects required 
under section 21109(e) of title 49, United States 
Code, have not commenced on the date that is 1 
year after the date of enactment of this Act, the 
Secretary shall, not later than 1 year and 30 days 
after the date of enactment of this Act, transmit to 
the Committee on Transportation and Infrastructure 
of the House of Representatives and the Committee 
on Commerce, Science, and Transportation of the 
Senate a report describing— 
(A) the status of the pilot projects; 
VerDate Sep 11 2014 
22:38 Jan 04, 2021
Jkt 019200
PO 00000
Frm 01145
Fmt 6652
Sfmt 6201
E:\BILLS\H2.RDS
H2
TKELLEY on DSKBCP9HB2PROD with BILLS
1146 
HR 2 RDS
(B) actions the Federal Railroad Adminis-
tration has taken to commence the pilot 
projects, including efforts to recruit participant 
railroads; 
(C) any challenges impacting the com-
mencement of the pilot projects; and 
(D) any other details associated with the 
development of the pilot projects that affect the 
progress toward meeting the mandate of such 
section. 
SEC. 9515. ASSAULT PREVENTION AND RESPONSE PLANS. 
(a) AMENDMENT.—Subchapter II of chapter 201 of 
title 49, United States Code, as amended by this division, 
is further amended by adding at the end the following: 
‘‘§ 20170. Assault prevention and response plans 
‘‘(a) IN GENERAL.—Not later than 180 days after 
the date of enactment of the TRAIN Act, any entity that 
provides regularly scheduled intercity or commuter rail 
passenger transportation shall submit to the Secretary of 
Transportation for review and approval an assault preven-
tion and response plan (in this section referred to as the 
‘Plan’) to address transportation assaults. 
‘‘(b) CONTENTS OF PLAN.—The Plan required under 
subsection (a) shall include— 
‘‘(1) procedures that— 
VerDate Sep 11 2014 
22:38 Jan 04, 2021
Jkt 019200
PO 00000
Frm 01146
Fmt 6652
Sfmt 6201
E:\BILLS\H2.RDS
H2
TKELLEY on DSKBCP9HB2PROD with BILLS
1147 
HR 2 RDS
‘‘(A) facilitate the reporting of a transpor-
tation assault, including the notification of on- 
site personnel, rail law enforcement, and local 
law enforcement; 
‘‘(B) personnel should follow up on the re-
porting of a transportation assault, including 
actions to protect affected individuals from con-
tinued assault; 
‘‘(C) may be taken to remove the pas-
senger or personnel who has committed a trans-
portation assault from the train or related area 
or facility as soon as practicable when appro-
priate; 
‘‘(D) include protections and safe reporting 
practices for passengers who may have been as-
saulted by personnel; and 
‘‘(E) may limit or prohibit, to the extent 
practicable, future travel with the entity de-
scribed in subsection (a) by any passenger or 
personnel who commits a transportation assault 
against personnel or passengers; 
‘‘(2) a policy that ensures an employee who is 
a victim or witness of a transportation assault may 
participate in the prosecution of a criminal offense 
VerDate Sep 11 2014 
22:38 Jan 04, 2021
Jkt 019200
PO 00000
Frm 01147
Fmt 6652
Sfmt 6201
E:\BILLS\H2.RDS
H2
TKELLEY on DSKBCP9HB2PROD with BILLS
1148 
HR 2 RDS
of such assault without any adverse effect on the vic-
tim’s or witnesses’ employment status; and 
‘‘(3) a process and timeline for conducting an 
annual review and update of the Plan. 
‘‘(c) NOTICE TO PASSENGERS.—An entity described 
under subsection (a) shall display onboard trains and in 
boarding areas, as appropriate, a notice stating the enti-
ty’s abilities to restrict future travel under subsection 
(b)(1)(E). 
‘‘(d) PERSONNEL TRAINING.—An entity described 
under subsection (a) shall provide initial and annual train-
ing for all personnel on the contents of the Plan, including 
training regarding— 
‘‘(1) the procedures described in subsection (b); 
‘‘(2) methods for responding to hostile situa-
tions, including de-escalation training; and 
‘‘(3) rights and responsibilities of personnel 
with respect to a transportation assault on them-
selves, other personnel, or passengers. 
‘‘(e) PERSONNEL PARTICIPATION.—The Plan re-
quired under subsection (a) shall be developed and imple-
mented with the direct participation of personnel, and, as 
applicable, labor organizations representing personnel. 
‘‘(f) REPORTING.— 
‘‘(1) INCIDENT NOTIFICATION.— 
VerDate Sep 11 2014 
22:38 Jan 04, 2021
Jkt 019200
PO 00000
Frm 01148
Fmt 6652
Sfmt 6201
E:\BILLS\H2.RDS
H2
TKELLEY on DSKBCP9HB2PROD with BILLS
1149 
HR 2 RDS
‘‘(A) IN
GENERAL.—Not later than 10 
days after a transportation assault incident, the 
applicable entity described in subsection (a) 
shall notify personnel employed at the location 
in which the incident occurred. In the case of 
an incident on a vehicle, such entity shall notify 
personnel regularly scheduled to carry out em-
ployment activities on the service route on 
which the incident occurred. 
‘‘(B) CONTENT OF INCIDENT REPORT.— 
The notification required under paragraph (1) 
shall— 
‘‘(i) include a summary of the inci-
dent; and 
‘‘(ii) be written in a manner that pro-
tects the confidentiality of individuals in-
volved in the incident. 
‘‘(2) ANNUAL
REPORT.—For each calendar 
year, each entity with respect to which a transpor-
tation assault incident has been reported during 
such year shall submit to the Secretary report that 
describes— 
‘‘(A) the number of assault incidents re-
ported to the entity, including— 
VerDate Sep 11 2014 
22:38 Jan 04, 2021
Jkt 019200
PO 00000
Frm 01149
Fmt 6652
Sfmt 6201
E:\BILLS\H2.RDS
H2
TKELLEY on DSKBCP9HB2PROD with BILLS
1150 
HR 2 RDS
‘‘(i) the number of incidents com-
mitted against passengers; and 
‘‘(ii) the number of incidents com-
mitted against personnel; and 
‘‘(B) the number of assault incidents re-
ported to rail or local law enforcement by per-
sonnel of the entity. 
‘‘(3) PUBLICATION.—The Secretary shall make 
available to the public on the primary website of the 
Federal Railroad Administration the data collected 
under paragraph (2). 
‘‘(4) DATA PROTECTION.—Data made available 
under this subsection shall be made available in a 
manner that protects the confidentiality of individ-
uals involved in transportation assault incidents. 
‘‘(g) DEFINITION OF TRANSPORTATION ASSAULT.— 
In this section, the term ‘transportation assault’ means 
the occurrence, or reasonably suspected occurrence, of an 
act that— 
‘‘(1) constitutes assault; 
‘‘(2) is committed by a passenger or member of 
personnel of an entity that provides regularly sched-
uled intercity or commuter rail passenger transpor-
tation against another passenger or member of per-
sonnel of such entity; and 
VerDate Sep 11 2014 
22:38 Jan 04, 2021
Jkt 019200
PO 00000
Frm 01150
Fmt 6652
Sfmt 6201
E:\BILLS\H2.RDS
H2
TKELLEY on DSKBCP9HB2PROD with BILLS
1151 
HR 2 RDS
‘‘(3) takes place— 
‘‘(A) within a vehicle of such entity; or 
‘‘(B) in an area in which passengers are 
entering or exiting a vehicle described in sub-
paragraph (A); or 
‘‘(C) a station or facility where such entity 
operates, regardless of ownership of the station 
or facility.’’. 
(b) CONFORMING AMENDMENT.—The analysis for 
subchapter II of chapter 201 of title 49, United States 
Code, as amended by this division, is further amended by 
adding at the end the following: 
‘‘20170. Assault prevention and response plans.’’. 
SEC. 9516. CRITICAL INCIDENT STRESS PLANS. 
The Secretary of Transportation shall issue such reg-
ulations as are necessary to amend part 272 of title 49, 
Code of Federal Regulations, to ensure that— 
(1) the coverage of a critical incident stress 
plan under section 272.7 of such part includes em-
ployees of commuter railroads and intercity pas-
senger railroads, as such terms are defined in sec-
tion 272.9 of such part, who directly interact with 
passengers; and 
(2) assault and the witnessing of an assault 
against an employee or train passenger is included 
VerDate Sep 11 2014 
22:38 Jan 04, 2021
Jkt 019200
PO 00000
Frm 01151
Fmt 6652
Sfmt 6201
E:\BILLS\H2.RDS
H2
TKELLEY on DSKBCP9HB2PROD with BILLS
1152 
HR 2 RDS
in the definition of critical incident under section 
272.9 of such part. 
SEC. 9517. STUDY ON SAFETY CULTURE ASSESSMENTS. 
(a) IN GENERAL.—The Administrator of the Federal 
Railroad Administration shall conduct a study on the fea-
sibility of expanding railroad safety culture assessments 
and training to include assessments and training for work-
ers employed by tourist railroads, passenger railroads, and 
commuter railroads. 
(b) CONTENTS
OF STUDY.—The study required 
under subsection (a) shall include— 
(1) an analysis on the need for the expansion; 
(2) the resources required to carry out the addi-
tional assessments and training; and 
(3) other potential safety challenges the initia-
tive could address. 
(c) REPORT.—The Federal Railroad Administration 
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 a report on the results of the study conducted 
under subsection (a). 
VerDate Sep 11 2014 
22:38 Jan 04, 2021
Jkt 019200
PO 00000
Frm 01152
Fmt 6652
Sfmt 6201
E:\BILLS\H2.RDS
H2
TKELLEY on DSKBCP9HB2PROD with BILLS
1153 
HR 2 RDS
Subtitle B—Grade Crossing Safety 
SEC. 9551. GRADE CROSSING SEPARATION GRANTS. 
(a) IN GENERAL.—Subchapter II of chapter 201 of 
title 49, United States Code, as amended by this division, 
is further amended by adding at the end the following: 
‘‘§ 20171. Grade crossing separation grants 
‘‘(a) GENERAL
AUTHORITY.—The Secretary of 
Transportation shall make grants under this section to eli-
gible entities to assist in financing the cost of highway- 
rail grade separation projects. 
‘‘(b) APPLICATION REQUIREMENTS.—To be eligible 
for a grant under this section, an eligible entity shall sub-
mit to the Secretary an application in such form, in such 
manner, and containing such information as the Secretary 
may require, including— 
‘‘(1) an agreement between the entity that owns 
or controls the right-of-way and the applicant ad-
dressing access to right-of-way throughout the 
project; and 
‘‘(2) a cost-sharing agreement with the funding 
amounts that the entity that owns or controls the 
right-of-way shall contribute to the project, which 
shall be not less than 10 percent of the total project 
cost. 
VerDate Sep 11 2014 
22:38 Jan 04, 2021
Jkt 019200
PO 00000
Frm 01153
Fmt 6652
Sfmt 6201
E:\BILLS\H2.RDS
H2
TKELLEY on DSKBCP9HB2PROD with BILLS
1154 
HR 2 RDS
‘‘(c) ELIGIBLE PROJECTS.—The following projects 
are eligible to receive a grant under this section: 
‘‘(1) Installation, repair, or improvement of 
grade crossing separations. 
‘‘(2) Grade crossing elimination incidental to el-
igible grade crossing separation projects. 
‘‘(3) Project planning, development, and envi-
ronmental work related to a project described in 
paragraph (1) or (2). 
‘‘(d) PROJECT SELECTION CRITERIA.— 
‘‘(1) LARGE
PROJECTS.—Of amounts made 
available to carry out this section, not more than 50 
percent shall be available for projects with total 
costs of $100,000,000 or greater. 
‘‘(2) CONSIDERATIONS.—In awarding grants 
under this section, the Secretary— 
‘‘(A) shall give priority to projects that 
maximize the safety benefits of Federal fund-
ing; and 
‘‘(B) may evaluate applications on the 
safety profile of the existing crossing, 10-year 
history of accidents at such crossing, inclusion 
of the proposed project on a grade crossing 
safety action plan, average automobile traffic, 
freight and passenger train traffic, average 
VerDate Sep 11 2014 
22:38 Jan 04, 2021
Jkt 019200
PO 00000
Frm 01154
Fmt 6652
Sfmt 6201
E:\BILLS\H2.RDS
H2
TKELLEY on DSKBCP9HB2PROD with BILLS
1155 
HR 2 RDS
daily number of crossing closures, the chal-
lenges of grade crossings located near inter-
national borders, and proximity of community 
resources, including schools, hospitals, fire sta-
tions, police stations, and emergency medical 
service facilities. 
‘‘(e) FEDERAL SHARE OF TOTAL PROJECT COSTS.— 
‘‘(1) TOTAL
PROJECT
COSTS.—The Secretary 
shall estimate the total costs of a project under this 
section based on the best available information, in-
cluding any available engineering studies, studies of 
economic feasibility, environmental analysis, and in-
formation on the expected use of equipment or facili-
ties. 
‘‘(2) FEDERAL SHARE.—The Federal share for 
a project carried out under this section shall not ex-
ceed 85 percent. 
‘‘(f) GRANT CONDITIONS.—An eligible entity may not 
receive a grant for a project under this section unless such 
project is in compliance with section 22905, except that 
22905(b) shall only apply to a person that conducts rail 
operations. 
‘‘(g) TWO-YEAR LETTERS OF INTENT.— 
‘‘(1) IN GENERAL.—The Secretary shall, to the 
maximum extent practicable, issue a letter of intent 
VerDate Sep 11 2014 
22:38 Jan 04, 2021
Jkt 019200
PO 00000
Frm 01155
Fmt 6652
Sfmt 6201
E:\BILLS\H2.RDS
H2
TKELLEY on DSKBCP9HB2PROD with BILLS
1156 
HR 2 RDS
to a recipient of a grant under subsection (d)(1) 
that— 
‘‘(A) announces an intention to obligate for 
no more than 2 years, for a major capital 
project under subsection (d)(1), an amount that 
is not more than the amount stipulated as the 
financial participation of the Secretary for the 
project; and 
‘‘(B) states that the contingent commit-
ment— 
‘‘(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; 
VerDate Sep 11 2014 
22:38 Jan 04, 2021
Jkt 019200
PO 00000
Frm 01156
Fmt 6652
Sfmt 6201
E:\BILLS\H2.RDS
H2
TKELLEY on DSKBCP9HB2PROD with BILLS
1157 
HR 2 RDS
‘‘(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; 
‘‘(ii) the criteria used under sub-
section (b) for selecting the project for a 
grant; and 
‘‘(iii) a description of how the project 
meets such criteria. 
‘‘(h) APPROPRIATIONS REQUIRED.—An obligation or 
administrative commitment may be made under subsection 
(g) only after amounts are appropriated for such purpose. 
‘‘(i) DEFINITIONS.—In this section: 
‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible en-
tity’ means— 
‘‘(A) a State; 
‘‘(B) a public agency or publicly chartered 
authority; 
‘‘(C) a metropolitan planning organization; 
‘‘(D) a political subdivision of a State; and 
VerDate Sep 11 2014 
22:38 Jan 04, 2021
Jkt 019200
PO 00000
Frm 01157
Fmt 6652
Sfmt 6201
E:\BILLS\H2.RDS
H2
TKELLEY on DSKBCP9HB2PROD with BILLS
1158 
HR 2 RDS
‘‘(E) a Tribal government. 
‘‘(2) METROPOLITAN
PLANNING
ORGANIZA-
TION.—The term ‘metropolitan planning organiza-
tion’ has the meaning given such term in section 
134(b) of title 23. 
‘‘(3) STATE.—The term ‘State’ means a State 
of the United States or the District of Columbia.’’. 
(b) CLERICAL AMENDMENT.—The analysis for sub-
chapter II of chapter 201 of title 49, United States Code, 
as amended by this division, is further amended by adding 
at the end the following: 
‘‘20171. Grade crossing separation grants.’’. 
SEC. 9552. RAIL SAFETY PUBLIC AWARENESS GRANTS. 
(a) IN GENERAL.—Subchapter II of chapter 201 of 
title 49, United States Code, as amended by this division, 
is further amended by adding at the end the following: 
‘‘§ 20172. Rail safety public awareness grants 
‘‘(a) GRANT.—The Administrator of the Federal 
Railroad Administration shall make grants to eligible enti-
ties to carry out public information and education pro-
grams to help prevent and reduce rail-related pedestrian, 
motor vehicle, and other accidents, incidents, injuries, and 
fatalities, and to improve awareness along railroad rights- 
of-way and at railway-highway grade crossings. 
‘‘(b) APPLICATION.—To be eligible to receive a grant 
under this section, an eligible entity shall submit to the 
VerDate Sep 11 2014 
22:38 Jan 04, 2021
Jkt 019200
PO 00000
Frm 01158
Fmt 6652
Sfmt 6201
E:\BILLS\H2.RDS
H2
TKELLEY on DSKBCP9HB2PROD with BILLS
1159 
HR 2 RDS
Administrator an application in such form, in such man-
ner, and containing such information as the Secretary may 
require. 
‘‘(c) CONTENTS.—Programs eligible for a grant 
under this section— 
‘‘(1) shall include, as appropriate— 
‘‘(A) development, placement, and dissemi-
nation of public service announcements in ap-
propriate media; 
‘‘(B) school presentations, driver safety 
education, materials, and public awareness cam-
paigns; and 
‘‘(C) disseminating information to the pub-
lic on how to identify and report to the appro-
priate authorities unsafe or malfunctioning 
highway-rail grade crossings; and 
‘‘(2) may include targeted and sustained out-
reach in communities at greatest risk to develop 
measures to reduce such risk. 
‘‘(d) COORDINATION.—Eligible entities shall coordi-
nate program activities with local communities, law en-
forcement and emergency responders, and rail carriers, as 
appropriate, and ensure consistency with State highway- 
rail grade crossing action plans required under section 
11401(b) of the FAST Act (49 U.S.C. 22501 note) and 
VerDate Sep 11 2014 
22:38 Jan 04, 2021
Jkt 019200
PO 00000
Frm 01159
Fmt 6652
Sfmt 6201
E:\BILLS\H2.RDS
H2
TKELLEY on DSKBCP9HB2PROD with BILLS
1160 
HR 2 RDS
the report titled ‘National Strategy to Prevent Tres-
passing on Railroad Property’ issued by the Federal Rail-
road Administration in October 2018. 
‘‘(e) PRIORITIZATION.—In awarding grants under 
this section, the Administrator shall give priority to appli-
cations for programs that— 
‘‘(1) are nationally recognized; 
‘‘(2) are targeted at schools in close proximity 
to railroad rights-of-way; 
‘‘(3) partner with nearby railroad carriers; or 
‘‘(4) focus on communities with a recorded his-
tory of repeated pedestrian and motor vehicle acci-
dents, incidents, injuries, and fatalities at highway- 
rail grade crossings and along railroad rights-of-way. 
‘‘(f) DEFINITIONS.—In this section: 
‘‘(1) ELIGIBLE ENTITY.—the term ‘eligible enti-
ty’ means— 
‘‘(A) a nonprofit organization; 
‘‘(B) a State; 
‘‘(C) a political subdivision of a State; and 
‘‘(D) a public law enforcement agency or 
emergency response organization. 
‘‘(2) STATE.—The term ‘State’ means a State 
of the United States, the District of Columbia, and 
Puerto Rico.’’. 
VerDate Sep 11 2014 
22:38 Jan 04, 2021
Jkt 019200
PO 00000
Frm 01160
Fmt 6652
Sfmt 6201
E:\BILLS\H2.RDS
H2
TKELLEY on DSKBCP9HB2PROD with BILLS
1161 
HR 2 RDS
(b) CLERICAL AMENDMENT.—The analysis for sub-
chapter II of chapter 201 of title 49, United States Code, 
as amended by this division, is further amended by adding 
at the end the following: 
‘‘20172. Rail safety public awareness grants.’’. 
SEC. 9553. ESTABLISHMENT OF 10-MINUTE TIME LIMIT FOR 
BLOCKING PUBLIC GRADE CROSSINGS. 
(a) IN GENERAL.—Subchapter II of chapter 201 of 
title 49, United States Code, as amended by this division, 
is further amended by adding at the end the following: 
‘‘§ 20173. Time limit for blocking a rail crossing 
‘‘(a) TIME LIMIT.—A train, locomotive, railroad car, 
or other rail equipment is prohibited from blocking a 
crossing for more than 10 minutes, unless the train, loco-
motive, or other equipment is directly delayed by— 
‘‘(1) a casualty or serious injury; 
‘‘(2) an accident; 
‘‘(3) a track obstruction; 
‘‘(4) an act of God; or 
‘‘(5) a derailment or a major equipment failure 
that prevents the train from advancing. 
‘‘(b) CIVIL PENALTY.—The Secretary of Transpor-
tation may issue civil penalties for violations of subsection 
(a) in accordance with section 21301. 
‘‘(c) DELEGATION.—The Secretary may delegate en-
forcement actions under subsection (b) to States either 
VerDate Sep 11 2014 
22:38 Jan 04, 2021
Jkt 019200
PO 00000
Frm 01161
Fmt 6652
Sfmt 6201
E:\BILLS\H2.RDS
H2
TKELLEY on DSKBCP9HB2PROD with BILLS
1162 
HR 2 RDS
through a State inspector certified by the Federal Rail-
road Administration, or other law enforcement officials as 
designated by the States and approved by the Administra-
tion. The Secretary shall issue guidance or regulations not 
later than 1 year after the date of enactment on the cri-
teria and process for States to gain approval under this 
section. 
‘‘(d) APPLICATION
TO AMTRAK
AND COMMUTER 
RAILROADS.—This section shall not apply to Amtrak or 
commuter authorities, including Amtrak and commuter 
authorities’ operations run or dispatched by a Class I rail-
road. 
‘‘(e) DEFINITIONS.—In this section: 
‘‘(1) CROSSING.—The term ‘crossing’ means a 
location within a State in which a public highway, 
road, or street, including associated sidewalks and 
pathways, crosses 1 or more railroad tracks either at 
grade or grade-separated. 
‘‘(2) BLOCKED CROSSING.—The term ‘blocked 
crossing’ means a circumstance in which a train, lo-
comotive, railroad car, or other rail equipment is 
stopped in a manner that obstructs public travel at 
a crossing.’’. 
(b) CLERICAL AMENDMENT.—The analysis for sub-
chapter II of chapter 201 of title 49, United States Code, 
VerDate Sep 11 2014 
22:38 Jan 04, 2021
Jkt 019200
PO 00000
Frm 01162
Fmt 6652
Sfmt 6201
E:\BILLS\H2.RDS
H2
TKELLEY on DSKBCP9HB2PROD with BILLS
1163 
HR 2 RDS
is further amended by adding at the end the following new 
item: 
‘‘20173. Time limit for blocking a rail crossing.’’. 
SEC. 9554. NATIONAL STRATEGY TO ADDRESS BLOCKED 
CROSSINGS. 
(a) IN GENERAL.—Not later than 18 months after 
the date of enactment of this Act, the Secretary of Trans-
portation shall submit to the Committee on Transpor-
tation and Infrastructure of the House of Representatives 
and the Committee on Commerce, Science, and Transpor-
tation of the Senate, and make publicly available on the 
website of the Department of Transportation, a report 
containing a national strategy to address blocked cross-
ings. 
(b) PUBLIC LAW 116–94.—The strategy required 
under subsection (a) shall incorporate the recommenda-
tions and briefing described in the report accompanying 
the Department of Transportation Appropriations Act, 
2020 (Public Law 116–94) with respect to the amounts 
provided under the heading ‘‘Federal Railroad Adminis-
tration—Safety and Operations’’. 
(c) REPORT
CONTENTS.—The strategy required 
under subsection (a) shall include an analysis of the fol-
lowing topics, including any specific legislative or regu-
latory recommendations: 
VerDate Sep 11 2014 
22:38 Jan 04, 2021
Jkt 019200
PO 00000
Frm 01163
Fmt 6652
Sfmt 6201
E:\BILLS\H2.RDS
H2
TKELLEY on DSKBCP9HB2PROD with BILLS
1164 
HR 2 RDS
(1) How best to engage the public, representa-
tives of labor organizations representing railroad em-
ployees, law enforcement officers, highway traffic of-
ficials, or other employees of a public agency acting 
in an official capacity to identify and address 
blocked crossings. 
(2) How technology and positive train control 
system data can be used to identify and address in-
stances of blocked crossings. 
(3) How to identify and address instances of 
blocked crossings at crossings with passive or no 
warning devices. 
(4) How best to use the data collected under a 
webpage established by the Secretary for the public 
and law enforcement to report instances of blocked 
crossings, including whether such data should be 
verified by each rail carrier or incorporated into the 
national crossing inventory established under section 
20160 of title 49, United States Code. 
(d) UPDATING
STRATEGY.—The Secretary shall 
evaluate the strategy developed under this section not less 
than every 5 years, and update it as needed. 
(e) DEFINITIONS.—In this section: 
(1) BLOCKED CROSSING.—The term ‘‘blocked 
crossing’’ means a circumstance in which a train, lo-
VerDate Sep 11 2014 
22:38 Jan 04, 2021
Jkt 019200
PO 00000
Frm 01164
Fmt 6652
Sfmt 6201
E:\BILLS\H2.RDS
H2
TKELLEY on DSKBCP9HB2PROD with BILLS
1165 
HR 2 RDS
comotive, railroad car, or other rail equipment is 
stopped in a manner that obstructs public travel at 
a crossing. 
(2) POSITIVE TRAIN CONTROL SYSTEM.—The 
term ‘‘positive train control system’’ has the mean-
ing given the term in section 20157(i) of title 49, 
United States Code. 
SEC. 9555. RAILROAD POINT OF CONTACT FOR BLOCKED 
CROSSING MATTERS. 
Section 20152 of title 49, United States Code, is 
amended— 
(1) in subsection (a)— 
(A) in paragraph (1)— 
(i) in subparagraph (C) by striking 
‘‘or’’ at the end; 
(ii) by redesignating subparagraph 
(D) as subparagraph (E); and 
(iii) by inserting the following after 
subparagraph (C): 
‘‘(D) blocked crossings; or’’; 
(B) in paragraph (4)— 
(i) by striking ‘‘paragraph (1)(C) or 
(D)’’ and inserting ‘‘subparagraph (C), 
(D), or (E) of paragraph (1)’’; and 
(ii) by striking ‘‘and’’ at the end; 
VerDate Sep 11 2014 
22:38 Jan 04, 2021
Jkt 019200
PO 00000
Frm 01165
Fmt 6652
Sfmt 6201
E:\BILLS\H2.RDS
H2
TKELLEY on DSKBCP9HB2PROD with BILLS