924 
(A) the date that is 1 year after the date of 
completion of the report under subsection (f); or 
(B) the date that is 4 years after the date 
of enactment of this Act. 
(2) CONGRESSIONAL AUTHORITY.—The Secretary 
of Transportation— 
(A) may not issue any regulation author-
izing the transportation of liquefied natural gas 
by rail tank car or authorize such transportation 
through issuance of a special permit or approval 
before the conclusion of the review period; and 
(B) shall rescind any special permit or ap-
proval for the transportation of liquefied natural 
gas by rail tank car issued before the date of en-
actment of this Act. 
SEC. 8203. HAZARDOUS MATERIALS TRAINING REQUIRE-
MENTS AND GRANTS. 
Section 5107 of title 49, United States Code, is amend-
ed 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.’’. 
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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.— 
(1) NORTHEAST CORRIDOR.—There are author-
ized to be appropriated to the Secretary for the use 
of Amtrak for activities associated with the Northeast 
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 authorized 
to be appropriated to the Secretary for the use of Am-
trak for activities associated with the National Net-
work the following amounts: 
(A) For fiscal year 2021, $3,500,000,000. 
(B) For fiscal year 2022, $3,300,000,000. 
(C) For fiscal year 2023, $3,100,000,000. 
(D) For fiscal year 2024, $2,900,000,000. 
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(E) For fiscal year 2025, $2,900,000,000. 
(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 available 
under subsection (a) for Amtrak grant expenditure over-
sight. 
(c) AMTRAK COMMON BENEFIT COSTS FOR STATE- 
SUPPORTED ROUTES.—For any fiscal year in which funds 
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 (114–94), Amtrak shall use up 
to $300,000,000 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 pursu-
ant to section 24317(b) of title 49, United States Code) that 
is allocated to the State-supported services. 
(d) STATE-SUPPORTED ROUTE COMMITTEE.—Of the 
funds made available under subsection (a)(2), the Secretary 
may make available up to $3,000,000 for each fiscal year 
for the State-Supported Route Committee established under 
section 24712 of title 49, United States Code. 
(e) NORTHEAST
CORRIDOR
COMMISSION.—Of the 
funds made available under subsection (a)(1), the Secretary 
may make available up to $6,000,000 for each fiscal year 
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for the Northeast Corridor Commission established under 
section 24905 of title 49, United States Code. 
(f) AUTHORIZATION OF APPROPRIATIONS FOR AMTRAK 
OFFICE OF INSPECTOR GENERAL.—There are authorized to 
be appropriated to the Office of Inspector General of Am-
trak the following amounts: 
(1) For fiscal year 2021, $26,500,000. 
(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 authorized 
to be appropriated to the Secretary to carry out section 
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 SAFE-
TY IMPROVEMENTS.— 
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(1) IN GENERAL.—There are authorized to be ap-
propriated 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. 
(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 ap-
propriated to the Secretary for payment of credit risk 
premiums in accordance with section 9104 of this di-
vision and section 502 of the Railroad Revitalization 
and Regulatory Reform Act of 1976 (45 U.S.C. 822) 
$130,000,000 for each of fiscal years 2021 through 
2025, to remain available until expended. 
(2) REFUND OF PREMIUM.—There are authorized 
to be appropriated to the Secretary $70,000,000 to 
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repay the credit risk premium under section 502 of 
the Railroad Revitalization and Regulatory Reform 
Act of 1976 (45 U.S.C. 822) in accordance with sec-
tion 9104. 
(j) RESTORATION AND ENHANCEMENT GRANTS.— 
(1) IN GENERAL.—There are authorized to be ap-
propriated to the Secretary to carry out section 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 ap-
propriated 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: 
(1) For fiscal year 2021, $450,000,000. 
(2) For fiscal year 2022, $475,000,000. 
(3) For fiscal year 2023, $500,000,000. 
(4) For fiscal year 2024, $525,000,000. 
(5) For fiscal year 2025, $550,000,000. 
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930 
(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. 
(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; 
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(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 49, 
United States Code, $200,000 to remain available until ex-
pended. 
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 transpor-
tation. 
‘‘(b) PROJECT SELECTION CRITERIA.— 
‘‘(1) IN GENERAL.—Capital projects eligible for a 
grant under this section include— 
‘‘(A) a project to replace, rehabilitate, or re-
pair a major infrastructure asset used for pro-
viding passenger rail service to bring such infra-
structure asset into a state of good repair; 
‘‘(B) a project to improve passenger rail 
performance, including congestion mitigation, 
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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, in-
creased 
train 
frequencies, 
higher 
operating 
speeds, electrification, and other improvements, 
as determined by the Secretary; and 
‘‘(C) a project to repair, rehabilitate, re-
place, or build infrastructure to expand or estab-
lish 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 
‘‘(C) an agreement in place for maintenance 
of such equipment or facilities. 
‘‘(3) PRIORITY.—In selecting an applicant for a 
grant under this section, the Secretary shall give pref-
erence to capital projects that— 
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935 
‘‘(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 selecting 
an applicant for a grant under this section, the Sec-
retary 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, competitiveness, 
reliability, trip or transit time, and resil-
ience; 
‘‘(iii) impacts on the overall transpor-
tation system, including efficiencies from 
improved integration with other modes of 
transportation or benefits associated with 
achieving modal shifts; and 
‘‘(iv) the ability to meet existing or an-
ticipated passenger or service demand; 
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‘‘(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 delivery 
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 included in the 
Northeast Corridor investment plan required under section 
24904. 
‘‘(d) NATIONAL PROJECTS.—Of the funds made avail-
able 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 cor-
ridors not located on the Northeast Corridor. 
‘‘(e) FEDERAL SHARE OF TOTAL PROJECT COSTS.— 
‘‘(1) TOTAL PROJECT COST ESTIMATE.—The Sec-
retary shall estimate the total cost of a project under 
this section based on the best available information, 
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937 
including engineering studies, studies of economic fea-
sibility, environmental analyses, and information on 
the expected use of equipment or facilities. 
‘‘(2) FEDERAL
SHARE.—The Federal share of 
total costs for a project under this section shall not 
exceed 90 percent. 
‘‘(3) TREATMENT
OF
REVENUE.—Applicants 
may use ticket and other revenues generated from op-
erations and other sources to satisfy the non-Federal 
share requirements. 
‘‘(f) LETTERS OF INTENT.— 
‘‘(1) IN GENERAL.—The Secretary shall, to the 
maximum extent practicable, issue a letter of intent 
to a recipient of a grant under this section that— 
‘‘(A) announces an intention to obligate, for 
a major capital project under this section, an 
amount that is not more than the amount stipu-
lated as the financial participation of the Sec-
retary in the project; and 
‘‘(B) states that the contingent commit-
ment— 
‘‘(i) is not an obligation of the Federal 
Government; and 
‘‘(ii) is subject to the availability of 
appropriations for grants under this section 
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and subject to Federal laws in force or en-
acted after the date of the contingent com-
mitment. 
‘‘(2) CONGRESSIONAL NOTIFICATION.— 
‘‘(A) IN GENERAL.—Not later than 3 days 
before issuing a letter of intent under paragraph 
(1), the Secretary shall submit written notifica-
tion to— 
‘‘(i) the Committee on Transportation 
and Infrastructure of the House of Rep-
resentatives; 
‘‘(ii) the Committee on Appropriations 
of the House of Representatives; 
‘‘(iii) the Committee on Appropria-
tions of the Senate; and 
‘‘(iv) the Committee on Commerce, 
Science, and Transportation of the Senate. 
‘‘(B) CONTENTS.—The notification sub-
mitted under subparagraph (A) shall include— 
‘‘(i) a copy of the letter of intent; 
‘‘(ii) the criteria used under subsection 
(b) for selecting the project for a grant; and 
‘‘(iii) a description of how the project 
meets such criteria. 
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‘‘(g) APPROPRIATIONS REQUIRED.—An obligation or 
administrative commitment may be made under this sec-
tion only when amounts are appropriated for such purpose. 
‘‘(h) GRANT ADMINISTRATION.—The Secretary may 
withhold up to 1 percent of the total amount made available 
to carry out this section for program oversight and manage-
ment, including providing technical assistance and project 
planning guidance. 
‘‘(i) REGIONAL PLANNING GUIDANCE.—The Secretary 
may withhold up to half a percent of the total amount made 
available to carry out this section to facilitate and provide 
guidance for regional planning processes. 
‘‘(j) AVAILABILITY.—Amounts made available to carry 
out this section shall remain available until expended. 
‘‘(k) GRANT CONDITIONS.—Except as specifically pro-
vided in this section, the use of any amounts appropriated 
for grants under this section shall be subject to the grant 
conditions under section 22905, except that the domestic 
buying preferences of section 24305(f) shall apply to grants 
provided to Amtrak in lieu of the requirements of section 
22905(a). 
‘‘(l) DEFINITIONS.—In this section: 
‘‘(1) APPLICANT.—The term ‘applicant’ means— 
‘‘(A) a State; 
‘‘(B) a group of States; 
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‘‘(C) an Interstate Compact; 
‘‘(D) a public agency or publicly chartered 
authority established by 1 or more States; 
‘‘(E) a political subdivision of a State; or 
‘‘(F) Amtrak, acting on its own behalf or 
under a cooperative agreement with 1 or more 
States. 
‘‘(2) CAPITAL
PROJECT.—The term ‘capital 
project’ means— 
‘‘(A) acquisition, construction, replacement, 
rehabilitation, or repair of major infrastructure 
assets or equipment that benefit intercity rail 
passenger transportation, including tunnels, 
bridges, stations, track, electrification, grade 
crossings, passenger rolling stock, and other as-
sets, as determined by the Secretary; 
‘‘(B) projects that ensure service can be 
maintained while existing assets are rehabili-
tated or replaced; and 
‘‘(C) project planning, development, design, 
and environmental analysis related to projects 
under subsections (A) and (B). 
‘‘(3) INTERCITY
RAIL
PASSENGER
TRANSPOR-
TATION.—The term ‘intercity rail passenger transpor-
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tation’ has the meaning given such term in section 
24102. 
‘‘(4) HIGH-SPEED RAIL.—The term ‘high-speed 
rail’ has the meaning given such term in section 
26106(b). 
‘‘(5) NORTHEAST CORRIDOR.—The term ‘North-
east Corridor’ has the meaning given such term in 
section 24102. 
‘‘(6) NATIONAL NETWORK.—The term ‘National 
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 related to sec-
tion 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 de-
fined in section 24102). 
‘‘(13) The District of Columbia.’’; 
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(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 
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 es-
tablish 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 ‘‘between 
intercity rail passenger transportation’’; 
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(3) in subsection (e) by striking paragraph (1) 
and inserting the following: 
‘‘(1) IN GENERAL.—In selecting a recipient of a 
grant for an eligible project, the Secretary shall give 
preference to— 
‘‘(A) projects that will maximize the net 
benefits of the funds made available for use 
under this section, considering the cost-benefit 
analysis of the proposed project, including an-
ticipated private and public benefits relative to 
the costs of the proposed project and factoring in 
the other considerations described in paragraph 
(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.’’; 
(4) in subsection (l) by striking ‘‘Secretary 
shall’’ and inserting ‘‘Secretary may’’; 
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(5) by redesignating subsections (i), (j), (k), and 
(l) as subsections (k), (l), (m), and (n), respectively; 
and 
(6) by inserting after subsection (h) the fol-
lowing: 
‘‘(i) LARGE PROJECTS.—Of the amounts made avail-
able under this section, at least 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 pas-
senger transportation projects shall be transferred by 
the Secretary, after selection, to the Federal Transit 
Administration for administration of funds in ac-
cordance 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 financed in 
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whole or in part by such grant shall be covered 
by employee protective arrangements established 
under section 22905(e). 
‘‘(B) APPLICATION
OF
PROTECTIVE
AR-
RANGEMENT.—The grant recipient and the suc-
cessors, assigns, and contractors of such recipient 
shall be bound by the protective arrangements re-
quired under subparagraph (A). Such recipient 
shall be responsible for the implementation of 
such arrangement and for the obligations under 
such arrangement, but may arrange for another 
entity to take initial responsibility for compli-
ance with the conditions of such arrangement. 
‘‘(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 sec-
tion, the term ‘capital project’ means a project or program 
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-
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quiring rights-of-way), payments for the capital por-
tions of rail trackage rights agreements, highway-rail 
grade crossing improvements, mitigating environ-
mental 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 IMPROVEMENT 
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 
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(ii) in subparagraph (D) by inserting 
‘‘, permitting,’’ after ‘‘reimburse planning’’; 
and 
(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 de-
mand for the project based on regionally devel-
oped economic forecasts, including projections 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 before 
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.’’; 
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(ii) by striking ‘‘Credit risk pre-
miums’’ and inserting ‘‘(A) TIMING OF PAY-
MENT.—Credit risk premiums’’; and 
(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 re-
serve $125,000,000 for payments for pas-
senger rail projects, to remain available 
until expended. 
‘‘(C) REFUND OF PREMIUM.—The Secretary 
shall repay the credit risk premium of each loan 
in cohort 3, as defined by the memorandum to 
the Office of Management and Budget of the De-
partment of Transportation dated November 5, 
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2018, with interest accrued thereon, not later 
than 60 days after the date on which all obliga-
tions attached to each such loan have been satis-
fied. For each such loan for which obligations 
have been satisfied as of the date of enactment of 
the TRAIN Act, the Secretary shall repay the 
credit risk premium of each such loan, with in-
terest accrued thereon, not later than 60 days 
after the date of the enactment 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-Federal 
share of project costs under this title or chapter 53 of title 
49 if such loan is repayable from non-Federal funds.’’. 
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: 
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‘‘(4)(A) If the Secretary receives a request for a 
waiver under paragraph (2), the Secretary shall pro-
vide notice of and an opportunity for public comment 
on the request at least 30 days before making a find-
ing 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 
‘‘(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 
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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 conduct 
an assessment of the potential impacts of climate change 
on the national rail network. 
(b) ASSESSMENT.—At a minimum, the assessment 
conducted pursuant to subsection (a) shall— 
(1) cover the entire freight 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 passenger 
and freight rail infrastructure, trackage, and facili-
ties, including facilities owned by rail shippers; 
(4) identify and categorize the assets described in 
paragraph (3) by vulnerability level and geographic 
area; and 
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(5) recommend strategies or measures to mitigate 
any adverse impacts of climate change, including 
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 con-
taining the findings of the assessment conducted pursuant 
to subsection (a). 
(d) FURTHER COORDINATION.—The Secretary shall 
make the report publicly available on the website of the De-
partment of Transportation and communicate the results 
of the assessment with stakeholders. 
(e) REGULATORY AUTHORITY.—If the Secretary finds 
in the report required under subsection (c) that regulatory 
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 
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$1,000,000 to carry out the study required under subpara-
graph (a). 
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)— 
(i) by striking ‘‘, to the extent its budg-
et 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 ca-
pacity 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’’; 
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(D) in paragraph (5)— 
(i) by inserting ‘‘intercity and’’ after 
‘‘efficient’’; and 
(ii) by striking ‘‘the energy conserva-
tion and self-sufficiency’’ and inserting ‘‘ad-
dressing climate change, energy conserva-
tion, and self-sufficiency’’; 
(E) in paragraph (6) by striking ‘‘through 
its subsidiary, Amtrak Commuter,’’; and 
(F) by adding at the end the following: 
‘‘(9) Long-distance intercity passenger rail is an 
important part of the national transportation system. 
‘‘(10) Investments in intercity and commuter 
rail passenger transportation support jobs that pro-
vide a pathway to the middle class.’’; 
(2) in subsection (b) by striking ‘‘The’’ and all 
that follows through ‘‘consistent’’ and inserting ‘‘The 
mission of Amtrak is to provide a safe, efficient, and 
high-quality national intercity passenger rail system 
that is trip-time competitive with other intercity 
travel options, consistent’’; 
(3) in subsection (c)— 
(A) by striking paragraph (1) and inserting 
the following: 
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‘‘(1) use its best business judgment in acting to 
maximize the benefits of public funding;’’; 
(B) in paragraph (2)— 
(i) by striking ‘‘minimize Government 
subsidies by encouraging’’ and inserting 
‘‘work with’’; and 
(ii) by striking the semicolon and in-
serting ‘‘and improvements to service;’’; 
(C) by striking paragraph (3) and inserting 
the following: 
‘‘(3) manage the passenger rail network in the 
interest of public transportation needs, including cur-
rent 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 accom-
modating to passengers with disabilities; and 
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958 
the time such member was appointed, whichever 
is first.’’; and 
(D) by striking paragraph (5) and insert-
ing the following: 
‘‘(5) The Secretary and any Governor of a State 
may be represented at a Board meeting by a des-
ignee.’’; 
(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.—Begin-
ning on the date that is 60 days after the date of enactment 
of this Act, the appointment and membership requirements 
under section 24302 of title 49, United States Code, shall 
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959 
apply to each member of the Board under such section and 
the term of each current Board member shall end. A member 
serving on such Board as of the date of enactment of this 
Act may be reappointed on or after such date subject to 
the advice and consent of the Senate if such member meets 
the requirements of such section. 
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 preference rights granted 
under this subsection.’’. 
(b) CONFORMING AMENDMENT.—Section 24103 of title 
49, United States Code, is amended by inserting ‘‘and sec-
tion 24308(c)’’ before ‘‘, only the Attorney General’’. 
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 
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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 transportation, 
order the rail carrier to allow for the operation 
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. 
‘‘(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 re-
sumed operation of such train will not unreasonably 
impair freight transportation unless the Board finds 
that there are substantially changed circumstances.’’; 
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(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 
views of the parties and require the parties to provide 
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 interference. In 
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determining the necessary level of additional infra-
structure or other investments, the Board shall use 
any criteria, assumptions, and processes it considers 
appropriate. 
‘‘(5) The provisions of this subsection shall be in 
addition to any other statutory or contractual rem-
edies Amtrak may have to obtain the right to operate 
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 subsection 
(f); and 
(2) by inserting after subsection (d) the fol-
lowing: 
‘‘(e) PROHIBITION ON CHOICE-OF-FORUM CLAUSE.— 
‘‘(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 bring-
ing a claim against Amtrak in any court of com-
petent jurisdiction, including a court within the ju-
risdiction of the residence of such passenger in the 
United States (provided that Amtrak does business 
within that jurisdiction). 
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‘‘(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, 
Science, and Transportation of the Senate a report on the 
results of the assessment conducted under subsection (a). 
(c) CONTENTS.—The report required under subsection 
(b) shall include— 
(1) a summary of the policies, procedures, proto-
cols, and guidelines reviewed; 
(2) any necessary changes to such policies, proce-
dures, protocols, and guidelines to ensure compliance 
with the Americans With Disabilities Act of 1990 (42 
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964 
U.S.C. 12101 et seq.), including full compliance 
under such Act for stations and facilities for which 
Amtrak has responsibility under such Act and consid-
eration of the needs of individuals with disabilities 
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 engage-
ment 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 ensure 
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 following: 
‘‘§ 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.— 
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‘‘(1) INCLUSION.—The use of an electronic ciga-
rette 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.’’. 
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 de-
fine and periodically update the rules and proce-
dures governing the Committee’s proceedings.’’; 
and 
(B) in paragraph (6)— 
(i) by striking subparagraph (B) and 
inserting the following: 
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‘‘(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 Invest-
ment and Improvement Act (49 U.S.C. 
24101 note); and 
‘‘(ii) procedures or broad guidelines for 
conducting financial planning, including 
operating and capital forecasting, report-
ing, and data sharing and governance.’’; 
(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 fol-
lowing: 
‘‘(iii) promote increased efficiency in 
Amtrak’s operating and capital activities.’’; 
and 
(iii) by adding at the end the fol-
lowing: 
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‘‘(D) ANNUAL
REVIEW.—Not later than 
June 30 of each year, the Committee shall pre-
pare an evaluation of the cost allocation method-
ology and procedures under subparagraph (B) 
and transmit such evaluation to the Committee 
on Transportation and Infrastructure of the 
House of Representatives and the Committee on 
Commerce, Science, and Transportation of the 
Senate.’’; 
(2) in subsection (b)— 
(A) by inserting ‘‘and to the Committee’’ be-
fore ‘‘, as well as the planning’’; and 
(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 oper-
ating statistics from Amtrak’s accounting sys-
tems used to calculate payments to States. Am-
trak shall provide to the States and the Com-
mittee 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-
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968 
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, sta-
tion, and facility initiatives, needed to sup-
port 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 planning, im-
provement, and development of corridor routes across 
the National Network. The Committee shall identify 
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980 
U.S.C. 24312 note; 111 Stat. 2574) is amended by 
striking ‘‘, other than work related to food and bev-
erage service,’’. 
(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 referred 
to as the ‘‘Working Group’’) to provide recommenda-
tions on Amtrak onboard food and beverage 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 rider-
ship and improve customer satisfaction by— 
(i) promoting collaboration and en-
gagement between Amtrak, Amtrak pas-
sengers, and Amtrak employees preparing 
VerDate Sep 11 2014 
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