Title: BRAIN TRAIN Act
Policy area: Transportation and Public Works

Summary:
Building Rail Across Intercity Networks To Ride Around Interior of the Nation Act or the BRAIN TRAIN Act
This bill directs the Department of Transportation (DOT) to establish an intercity passenger rail service investment program to promote high-performance rail transportation options.
DOT may award competitive grants under the program to finance capital projects for high-performance rail, including grants awarded in installments for projects lasting longer than one year.
In awarding grants, DOT must select high-performance rail projects (1) that are anticipated to result in significant improvements to intercity rail passenger service, (2) for which there is a high degree of confidence that the proposed projects are feasible and will result in the anticipated benefits, and (3) for which the level of the anticipated benefits compares favorably to the amount of federal funding requested.
The federal share of the cost of a capital project shall not exceed 90% of the project's net capital cost.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 1852 Introduced in Senate (IS)]

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117th CONGRESS
  1st Session
                                S. 1852

   To establish an intercity passenger rail service investment grant 
                                program.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 26, 2021

Mr. Markey (for himself and Ms. Warren) introduced the following bill; 
    which was read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
   To establish an intercity passenger rail service investment grant 
                                program.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLES.

    This Act may be cited as the ``Building Rail Across Intercity 
Networks To Ride Around Interior of the Nation Act'' or the ``BRAIN 
TRAIN Act''.

SEC. 2. ESTABLISHMENT OF GRANT PROGRAM FOR HIGH-PERFORMANCE INTERCITY 
              PASSENGER RAIL SERVICE.

    (a) In General.--Chapter 261 of title 49, United States Code, is 
amended by adding at the end the following:
``Sec. 26107. Intercity passenger rail service investment program
    ``(a) Definitions.--In this section:
            ``(1) Applicant.--The term `applicant' means Amtrak or a 
        State, group of States, interstate compact, or public agency 
        established by 1 or more States with responsibility for 
        providing intercity passenger rail service.
            ``(2) Capital project.--The term `capital project' means a 
        project or program in a State rail plan developed under chapter 
        227 for--
                    ``(A) acquiring, constructing, improving, or 
                inspecting equipment, track, and track structures, or a 
                facility of use in or for the primary benefit of 
                intercity passenger rail service;
                    ``(B) expenses incidental to the acquisition or 
                construction (including designing, engineering, 
                location surveying, mapping, environmental studies, and 
                acquiring active or out of service rights-of-way); and
                    ``(C) payments for the capital portions of rail 
                trackage rights agreements, highway-rail grade crossing 
                improvements related to intercity passenger rail 
                service, mitigating environmental impacts, 
                communication and signalization improvements, 
                relocation assistance, acquiring replacement housing 
                sites, and acquiring, constructing, relocating, and 
                rehabilitating replacement housing.
            ``(3) High-performance rail.--The term `high-performance 
        rail' means intercity passenger rail service that is designed 
        to meet the current and future market demand for the 
        transportation of people, in terms of capacity, travel times, 
        reliability, and efficiency.
            ``(4) Intercity passenger rail service.--The term 
        `intercity passenger rail service' has the meaning given the 
        term `intercity rail passenger transportation' in section 
        24102.
            ``(5) Secretary.--The term `Secretary' means the Secretary 
        of Transportation.
            ``(6) State.--The term `State' means any of the 50 States 
        or the District of Columbia.
    ``(b) Establishment.--
            ``(1) In general.--The Secretary shall establish an 
        intercity passenger rail service investment program to promote 
        high-performance rail transportation options.
            ``(2) Grants authorized.--The Secretary may award grants 
        under this section to an applicant to finance capital projects 
        for high-performance rail, including grants awarded in 
        installments for projects lasting longer than 1 year.
    ``(c) Applications.--Each applicant seeking a grant under this 
section shall submit an application to the Secretary in such form and 
containing such information as the Secretary shall reasonably require.
    ``(d) Competitive Grant Selection and Criteria for Grants.--
            ``(1) In general.--The Secretary shall--
                    ``(A) establish criteria for selecting among 
                capital projects that meet the criteria specified in 
                paragraph (2);
                    ``(B) conduct a national solicitation for 
                applications; and
                    ``(C) award grants on a competitive basis.
            ``(2) Grant criteria.--In selecting the recipients of 
        intercity passenger rail grants under subsection (b)(2), the 
        Secretary shall--
                    ``(A) require--
                            ``(i) the project to be part of a State 
                        rail plan developed under chapter 227, or under 
                        the plan required under section 211 of the 
                        Passenger Rail Investment and Improvement Act 
                        of 2008 (49 U.S.C. 24902 note);
                            ``(ii) the applicant or recipient to have 
                        the legal, financial, and technical capacity to 
                        carry out the project, satisfactory continuing 
                        control over the use of the equipment or 
                        facilities, and the capability and willingness 
                        to maintain the equipment or facilities;
                            ``(iii) the project to be based on the 
                        results of preliminary engineering studies or 
                        other planning;
                            ``(iv) the applicant to provide sufficient 
                        information upon which the Secretary can make 
                        the findings required under this subsection;
                            ``(v) if an applicant has selected the 
                        proposed operator of its service, the applicant 
                        to provide written justification to the 
                        Secretary showing why the proposed operator is 
                        the best, taking into account costs and other 
                        factors;
                            ``(vi) each proposed project to meet all 
                        safety and security requirements that are 
                        applicable to the project under law; and
                            ``(vii) each project to be compatible with, 
                        and operated in conformance with--
                                    ``(I) plans developed pursuant to 
                                the requirements under section 135 of 
                                title 23; and
                                    ``(II) the national rail plan (if 
                                available);
                    ``(B) select high-performance rail projects--
                            ``(i) that are anticipated to result in 
                        significant improvements to intercity rail 
                        passenger service, including consideration of 
                        the project's--
                                    ``(I) levels of estimated 
                                ridership, increased on-time 
                                performance, reduced trip time, or 
                                additional service frequency to meet 
                                anticipated or existing demand;
                                    ``(II) anticipated provision of 
                                intercity passenger rail service in 
                                historically and persistently 
                                unconnected and under-connected 
                                regions; and
                                    ``(III) anticipated favorable 
                                impact on air or highway traffic 
                                congestion, capacity, or safety;
                            ``(ii) for which there is a high degree of 
                        confidence that the proposed project is 
                        feasible and will result in the anticipated 
                        benefits, as indicated by--
                                    ``(I) the project's precommencement 
                                compliance with environmental 
                                protection requirements;
                                    ``(II) the readiness of the project 
                                to be commenced; and
                                    ``(III) other relevant factors 
                                determined by the Secretary; and
                            ``(iii) for which the level of the 
                        anticipated benefits compares favorably to the 
                        amount of Federal funding requested under this 
                        section; and
                    ``(C) give greater consideration to projects that--
                            ``(i) are anticipated to result in benefits 
                        to other modes of transportation and to the 
                        public at large, including consideration of the 
                        project's--
                                    ``(I) encouragement of intermodal 
                                connectivity through provision of 
                                direct connections between train and 
                                transit stations, airports, bus 
                                terminals, subway stations, ferry 
                                ports, and other modes of 
                                transportation;
                                    ``(II) anticipated improvement of 
                                conventional intercity passenger, 
                                freight, or commuter rail operations;
                                    ``(III) use of positive train 
                                control technologies;
                                    ``(IV) environmental benefits, 
                                including projects that involve the 
                                purchase of environmentally sensitive, 
                                fuel-efficient or electrified, and 
                                cost-effective passenger rail 
                                equipment;
                                    ``(V) anticipated reduction of 
                                greenhouse gas emissions;
                                    ``(VI) anticipated improvement of 
                                air quality and public health;
                                    ``(VII) anticipated positive 
                                economic and employment impacts, 
                                including development in the areas near 
                                passenger stations, historic districts, 
                                or other opportunity zones;
                                    ``(VIII) encouragement of State and 
                                private contributions toward station 
                                development, energy and environmental 
                                efficiency, and economic benefits; and
                                    ``(IX) provision of enhanced access 
                                for persons with disabilities to 
                                intercity passenger rail service; and
                            ``(ii) incorporate equitable financial 
                        participation in the project's financing, 
                        including consideration of--
                                    ``(I) donated or discounted 
                                interests in real or personal property;
                                    ``(II) donated services;
                                    ``(III) financial contributions by 
                                intercity passenger, freight, and 
                                commuter rail carriers commensurate 
                                with the benefit expected to their 
                                operations;
                                    ``(IV) financial commitments from 
                                host railroads, non-Federal 
                                governmental entities, nongovernmental 
                                entities, and others; and
                                    ``(V) Federal loans, including 
                                loans under title V of the Railroad 
                                Revitalization and Regulatory Reform 
                                Act of 1976 (45 U.S.C. 821 et seq.).
            ``(3) Grant conditions.--The Secretary shall require each 
        recipient of a grant under this chapter to comply with the 
        grant requirements under section 22905.
            ``(4) State rail plans.--State rail plans completed before 
        the date of enactment of the Passenger Rail Investment and 
        Improvement Act of 2008 (division B of Public Law 110-432) that 
        substantially meet the requirements of chapter 227 of this 
        title, as determined by the Secretary pursuant to section 
        22706, shall be deemed by the Secretary to have met the 
        requirements of paragraph (2)(A)(i).
    ``(e) Federal Share.--
            ``(1) In general.--The Federal share of the cost of a 
        capital project financed under this section shall not exceed 90 
        percent of the project's net capital cost.
            ``(2) In-kind match.--The fair market value of in-kind 
        contributions to a capital project financed under this section 
        shall be treated as non-Federal matching funds for purposes of 
        paragraph (1).
            ``(3) Loans.--The value of any Federal loans paid back with 
        non-Federal funds shall be treated as non-Federal matching 
        funds for purposes of paragraph (1).
    ``(f) Issuance of Regulations.--Not later than 1 year after the 
date of the enactment of this section, the Secretary shall issue 
regulations to carry out this section.
    ``(g) Authorization of Appropriations.--
            ``(1) In general.--There are authorized to be appropriated 
        to the Secretary to carry out this section $5,000,000,000 for 
        each of the fiscal years 2022 through 2026.
            ``(2) Availability of funds.--Any amounts appropriated for 
        a fiscal year pursuant to paragraph (1) that remain unobligated 
        at the end of such fiscal year shall be made available for 
        eligible projects in the following fiscal year.''.
    (b) Clerical Amendment.--The chapter analysis for chapter 261 of 
title 49, United States Code, is amended by adding at the end the 
following:

``26107. Intercity passenger rail service investment program.''.
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