,,ii #aadth ,,congress #ast ,session ,s4 #afbf ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,june #ah1 #bjae ,mr4 ,wicker 7for himself and ,mr4 ,booker7 introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to reauthorize ,federal support for passenger rail programs1 improve safety1 streamline rail project delivery1 and for other purposes4 #a4 ,short title2 table of contents2 references 7a7 ,short title ,this ,act may be cited as the ,railroad ,reform1 ,enhancement1 and ,efficiency ,act4 7b7 ,table of contents ,the table of contents of this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents2 references4 ,sec4 #b4 ,definition of ,secretary4 ,sec4 #c4 ,passenger transportation2 definitions4 ,,title ,i--,authorization of appropriations ,sec4 #aja4 ,authorization of grants to ,amtrak4 ,sec4 #ajb4 ,national infrastructure and safety investments4 ,sec4 #ajc4 ,authorization of appropriations for ,national ,transportation ,safety ,board rail investigations4 ,sec4 #ajd4 ,authorization of appropriations for ,amtrak ,office of ,inspector ,general4 ,sec4 #aje4 ,national cooperative rail research program4 ,,title ,,ii--,amtrak reform ,sec4 #bja4 ,amtrak grant process4 ,sec4 #bjb4 #e-year business line and assets plans4 ,sec4 #bjc4 ,state-supported route committee4 ,sec4 #bjd4 ,route and service planning decisions4 ,sec4 #bje4 ,competition4 ,sec4 #bjf4 ,rolling stock purchases4 ,sec4 #bjg4 ,food and beverage policy4 ,sec4 #bjh4 ,local products and promotional events4 ,sec4 #bji4 ,right-of-way leveraging4 ,sec4 #baj4 ,station development4 ,sec4 #baa4 ,amtrak debt4 ,sec4 #bab4 ,amtrak pilot program for passengers transporting domesticated cats and dogs4 ,sec4 #bac4 ,amtrak board of directors4 ,,title ,,iii--,intercity passenger rail policy ,sec4 #cja4 ,competitive operating grants4 ,sec4 #cjb4 ,federal-,state partnership for state of good repair4 ,sec4 #cjc4 ,large capital project requirements4 ,sec4 #cjd4 ,small business participation study4 ,sec4 #cje4 ,gulf coast rail service working group4 ,sec4 #cjf4 ,integrated passenger rail working group4 ,sec4 #cjg4 ,shared-use study4 ,sec4 #cjh4 ,northeast ,corridor ,commission4 ,sec4 #cji4 ,northeast ,corridor through-ticketing and procurement efficiencies4 ,sec4 #caj4 ,data and analysis4 ,sec4 #caa4 ,disaster relief4 ,sec4 #cab4 ,performance-based proposals4 ,sec4 #cac4 ,amtrak ,inspector ,general4 ,sec4 #cad4 ,miscellaneous provisions4 ,,title ,,iv--,rail safety ,subtitle ,a--,safety improvement ,sec4 #dja4 ,highway-rail grade crossing safety4 ,sec4 #djb4 ,confidential close call reporting system4 ,sec4 #djc4 ,speed limit action plans4 ,sec4 #djd4 ,signage4 ,sec4 #dje4 ,alerters4 ,sec4 #djf4 ,signal protection4 ,sec4 #djg4 ,technology implementation plans4 ,sec4 #djh4 ,commuter rail track inspections4 ,sec4 #dji4 ,emergency response4 ,sec4 #daj4 ,private highway-rail grade crossings4 ,sec4 #daa4 ,repair and replacement of damaged track inspection equipment4 ,sec4 #dab4 ,rail police officers4 ,sec4 #dac4 ,technical and conforming amendments4 ,subtitle ,b--,consolidated rail infrastructure and safety improvements ,sec4 #dba4 ,consolidated rail infrastructure and safety improvements4 ,,title ,v--,project delivery ,sec4 #eja4 ,short title4 ,sec4 #ejb4 ,preservation of public lands4 ,sec4 #ejc4 ,efficient environmental reviews4 ,sec4 #ejd4 ,advance acquisition4 ,sec4 #eje4 ,railroad rights-of-way4 ,sec4 #ejf4 ,improving ,state and ,federal agency engagement in environmental reviews4 ,sec4 #ejg4 ,savings clause4 ,sec4 #ejh4 ,transition4 ,,title ,,vi--,financing ,sec4 #fja4 ,short title2 references4 ,sec4 #fjb4 ,definitions4 ,sec4 #fjc4 ,eligible applicants4 ,sec4 #fjd4 ,eligible purposes4 ,sec4 #fje4 ,program administration4 ,sec4 #fjf4 ,loan terms and repayment4 ,sec4 #fjg4 ,credit risk premiums4 ,sec4 #fjh4 ,master credit agreements4 ,sec4 #fji4 ,priorities and conditions4 ,sec4 #faj4 ,savings provision4 7c7 ,references to title #di1 ,united ,states ,code ,except as otherwise expressly provided1 wherever in this ,act an amendment or repeal is expressed in terms of an amendment to1 or repeal of1 a section or other provision1 the reference shall be considered to be made to a section or other provision of title #di1 ,united ,states ,code4 #b4 ,definition of ,secretary ,in this ,act1 except as otherwise expressly provided1 the term ,secretary means the ,secretary of ,transportation4 #c4 ,passenger transportation2 definitions ,section #bdajb is amended-- 7#a7 by redesignating paragraphs 7#e7 through 7#i7 as paragraphs 7#f7 through 7#aj71 respectively2 7#b7 by inserting after paragraph 7#d71 the following3 7#e7 long-distance route means a route described in paragraph 7#f77;,c74 2 7#c7 by amending paragraph 7#f77;,a71 as redesignated1 to read as follows3 7,a7 the ,northeast ,corridor main line between ,boston1 ,massachusetts and the ,virginia ,avenue interlocking in the ,district of ,columbia1 and the facilities and services used to operate and maintain that line2 2 7#d7 in paragraph 7#g71 as redesignated1 by striking the period at the end and inserting 1 except that the term ,northeast ,corridor for the purposes of chapter #bdc means the main line between ,boston1 ,massachusetts and the ,virginia ,avenue interlocking in the ,district of ,columbia1 and the facilities and services used to operate and maintain that line42 and 7#e7 by adding at the end the following3 7#aa7 state-of-good-repair means a condition in which physical assets1 both individually and as a system1 are-- 7,a7 performing at a level at least equal to that called for in their as-built or as-modified design specification during any period when the life cycle cost of maintaining the assets is lower than the cost of replacing them2 and 7,b7 sustained through regular maintenance and replacement programs4 7#ab7 ,state-supported route means a route described in paragraph 7#f77;,b7 or paragraph 7#f77;,d71 or in section #bdgjb7;a74 4 ,i ,authorization of appropriations #aja4 ,authorization of grants to ,amtrak 7a7 ,in general ,there are authorized to be appropriated to the ,secretary for the use of ,amtrak for deposit into the accounts established under section #bdcai7;a7 of title #di1 ,united ,states ,code1 the following amounts3 7#a7 ,for fiscal year #bjaf1 #a1dej1jjj1jjj4 7#b7 ,for fiscal year #bjag1 #a1eej1jjj1jjj4 7#c7 ,for fiscal year #bjah1 #a1gjj1jjj1jjj4 7#d7 ,for fiscal year #bjai1 #a1ijj1jjj1jjj4 7b7 ,project management oversight ,the ,secretary may withhold up to one half of #a percent of the amount appropriated under subsection 7a7 for the costs of management oversight of ,amtrak4 7c7 ,competition ,in administering grants to ,amtrak under section #bdcah of title #di1 ,united ,states ,code1 the ,secretary may withhold1 from amounts that would otherwise be made available to ,amtrak1 such sums as are necessary from the amount appropriated under subsection 7a7 of this section to cover the operating subsidy described in section #bdgaa7;b77#a77;,e77ii7 of title #di1 ,united ,states ,code4 7d7 ,state-,supported ,route ,committee ,the ,secretary may withhold up to #b1jjj1jjj from the amount appropriated in each fiscal year under subsection 7a7 of this section for the use of the ,state-,supported ,route ,committee established under section #bdgab of title #di1 ,united ,states ,code4 7e7 ,northeast ,corridor ,commission ,the ,secretary may withhold up to #e1jjj1jjj from the amount appropriated in each fiscal year under subsection 7a7 of this section for the use of the ,northeast ,corridor ,commission established under section #bdije of title #di1 ,united ,states ,code4 #ajb4 ,national infrastructure and safety investments 7a7 ,in general ,there are authorized to be appropriated to the ,secretary for grants under chapter #bdd of title #di1 ,united ,states ,code1 the following amounts3 7#a7 ,for fiscal year #bjaf1 #cej1jjj1jjj4 7#b7 ,for fiscal year #bjag1 #dcj1jjj1jjj4 7#c7 ,for fiscal year #bjah1 #fjj1jjj1jjj4 7#d7 ,for fiscal year #bjai1 #ijj1jjj1jjj4 7b7 ,project management oversight ,the ,secretary may withhold up to #a percent from the amount appropriated under subsection 7a7 of this section for the costs of project management oversight of grants carried out under chapter #bdd of title #di1 ,united ,states ,code4 #ajc4 ,authorization of appropriations for ,national ,transportation ,safety ,board rail investigations 7a7 ,in general ,notwithstanding any other provision of law1 there are authorized to be appropriated to the ,national ,transportation ,safety ,board to carry out railroad accident investigations under section #aaca7;a77#a77;,c7 of title #di1 ,united ,states ,code1 the following amounts3 7#a7 ,for fiscal year #bjaf1 #f1cjj1jjj4 7#b7 ,for fiscal year #bjag1 #f1djj1jjj4 7#c7 ,for fiscal year #bjah1 #f1ejj1jjj4 7#d7 ,for fiscal year #bjai1 #f1fjj1jjj4 7b7 ,investigation personnel ,amounts appropriated under subsection 7a7 of this section shall be available to the ,national ,transportation ,safety ,board for personnel1 in regional offices and in ,washington1 ,,dc1 whose duties involve railroad accident investigations4 #ajd4 ,authorization of appropriations for ,amtrak ,office of ,inspector ,general ,there are authorized to be appropriated to the ,office of ,inspector ,general of ,amtrak the following amounts3 7#a7 ,for fiscal year #bjaf1 #bj1jjj1jjj4 7#b7 ,for fiscal year #bjag1 #bj1ejj1jjj4 7#c7 ,for fiscal year #bjah1 #ba1jjj1jjj4 7#d7 ,for fiscal year #bjai1 #ba1ejj1jjj4 #aje4 ,national cooperative rail research program 7a7 ,in general ,section #bdiaj is amended-- 7#a7 in subsection 7b7-- 7,a7 in paragraph 7#ab71 by striking and2 7,b7 in paragraph 7#ac71 by striking the period at the end and inserting 2 and2 and 7,c7 by adding at the end the following3 7#ad7 to improve the overall safety of intercity passenger and freight rail operations4 2 and 7#b7 by amending subsection 7e7 to read as follows3 7e7 ,allocation ,at least #e1jjj1jjj of the amounts appropriated to the ,secretary for a fiscal year to carry out railroad research and development programs shall be available to carry out this section4 4 ,,ii ,amtrak reform #bja4 ,amtrak grant process 7a7 ,requirements and procedures ,chapter #bdc is amended by adding at the end the following3 #bdcag4 ,costs and revenues 7a7 ,allocation ,not later than #ahj days after the date of enactment of the ,railroad ,reform1 ,enhancement1 and ,efficiency ,act1 ,amtrak shall establish and maintain internal controls to ensure ,amtrak's costs1 revenues1 and other compensation are appropriately and proportionally allocated to its ,northeast ,corridor train services or infrastructure1 its ,state-supported routes1 its long-distance routes1 and its other national network activities4 7b7 ,rule of construction ,nothing in this section shall be construed to limit the ability of ,amtrak to enter into an agreement with #a or more ,states to allocate operating and capital costs under section #bji of the ,passenger ,rail ,investment and ,improvement ,act of #bjjh 7#di ,u4,s4,c4 #bdaja note74 #bdcah4 ,grant process 7a7 ,procedures for grant requests ,not later than #ij days after the date of enactment of the ,railroad ,reform1 ,enhancement1 and ,efficiency ,act1 the ,secretary of ,transportation shall establish and transmit to the ,committee on ,commerce1 ,science1 and ,transportation and the ,committee on ,appropriations of the ,senate and the ,committee on ,transportation and ,infrastructure and the ,committee on ,appropriations of the ,house of ,representatives substantive and procedural requirements1 including schedules1 for grant requests under this section4 7b7 ,grant requests ,amtrak shall transmit grant requests for ,federal funds appropriated to the ,secretary of ,transportation for the use of ,amtrak to-- 7#a7 the ,secretary2 and 7#b7 the ,committee on ,commerce1 ,science1 and ,transportation1 the ,committee on ,appropriations1 and the ,committee on the ,budget of the ,senate and the ,committee on ,transportation and ,infrastructure1 the ,committee on ,appropriations1 and the ,committee on the ,budget of the ,house of ,representatives4 7c7 ,contents ,a grant request under subsection 7b7 shall-- 7#a7 describe projected operating and capital costs for the upcoming fiscal year for ,northeast ,corridor train services and infrastructure1 ,amtrak's ,state-supported routes1 and ,amtrak's long-distance routes1 and ,amtrak's other national network activities1 as applicable1 in comparison to prior fiscal year actual financial performance2 7#b7 describe the capital projects to be funded1 with cost estimates and an estimated timetable for completion of the projects covered by the request2 7#c7 assess ,amtrak's financial condition2 7#d7 be displayed on ,amtrak's ,web site within a reasonable timeframe following its transmission under subsection 7b72 and 7#e7 describe how the funding requested in a grant will be allocated to the accounts established under section #bdcai7;a71 considering the projected operating losses or capital costs for services and activities associated with such accounts over the time period intended to be covered by the grants4 7d7 ,review and approval 7#a7 ,thirty-day approval process 7,a7 ,in general ,not later than #cj days after the date that ,amtrak submits a grant request under this section1 the ,secretary of ,transportation shall complete a review of the request and provide notice to ,amtrak that-- 7i7 the request is approved2 or 7ii7 the request is disapproved1 including the reason for the disapproval and an explanation of any incomplete or deficient items4 7,b7 ,grant agreement ,if a grant request is approved1 the ,secretary shall enter into a grant agreement with ,amtrak that allocates the grant funding to #a of the #d accounts established under section #bdcai7;a74 7#b7 ,fifteen-day modification period ,not later than #ae days after the date of the notice under paragraph 7#a77;,a77ii71 ,amtrak shall submit a modified request for the ,secretary's review4 7#c7 ,modified requests ,not later than #ae days after the date that ,amtrak submits a modified request under paragraph 7#b71 the ,secretary shall either approve the modified request1 or1 if the ,secretary finds that the request is still incomplete or deficient1 the ,secretary shall identify in writing to the ,committee on ,commerce1 ,science1 and ,transportation1 the ,committee on ,appropriations1 and the ,committee on the ,budget of the ,senate and the ,committee on ,transportation and ,infrastructure1 the ,committee on ,appropriations1 and the ,committee on the ,budget of the ,house of ,representatives the remaining deficiencies and recommend a process for resolving the outstanding portions of the request4 7e7 ,payments to ,amtrak 7#a7 ,in general ,a grant agreement entered into under subsection 7d7 shall specify the operations1 services1 and other activities to be funded by the grant4 ,the grant agreement shall include provisions1 consistent with the requirements of this chapter1 to measure ,amtrak's performance and ensure accountability in delivering the operations1 services1 or activities to be funded by the grant4 7#b7 ,schedule ,except as provided in paragraph 7#c71 in each fiscal year for which amounts are appropriated to the ,secretary for the use of ,amtrak1 and for which the ,secretary and ,amtrak have entered into a grant agreement under subsection 7d71 the ,secretary shall disburse grant funds to ,amtrak on the following schedule3 7,a7 #ej percent on ,october #a4 7,b7 #be percent on ,january #a4 7,c7 #be percent on ,april #a4 7#c7 ,exceptions ,the ,secretary may make a payment to ,amtrak of appropriated funds-- 7,a7 more frequently than the schedule under paragraph 7#b7 if ,amtrak1 for good cause1 requests more frequent payment before the end of a payment period2 or 7,b7 with a different frequency or in different percentage allocations in the event of a continuing resolution or in the absence of an appropriations ,act for the duration of a fiscal year4 7f7 ,availability of amounts and early appropriations ,amounts appropriated to the ,secretary for the use of ,amtrak shall remain available until expended4 ,amounts for capital acquisitions and improvements may be appropriated for a fiscal year before the fiscal year in which the amounts will be obligated4 7g7 ,limitations on use ,amounts appropriated to the ,secretary for the use of ,amtrak may not be used to cross-subsidize operating losses or capital costs of commuter rail passenger or freight rail transportation4 #bdcai4 ,accounts 7a7 ,establishment of accounts ,beginning not later than ,october #a1 #bjaf1 ,amtrak1 in consultation with the ,secretary of ,transportation1 shall define and establish-- 7#a7 a ,northeast ,corridor investment account1 including subaccounts for ,amtrak train services and infrastructure2 7#b7 a ,state-supported account2 7#c7 a long-distance account2 and 7#d7 an other national network activities account4 7b7 ,northeast ,corridor investment account 7#a7 ,deposits ,amtrak shall deposit in the ,northeast ,corridor investment account established under subsection 7a77#a7-- 7,a7 a portion of the grant funds appropriated under the authorization in section #aja7;a7 of the ,railroad ,reform1 ,enhancement1 and ,efficiency ,act1 or any subsequent ,act appropriating funds for the use of ,amtrak1 as specified in a grant agreement entered into under section #bdcah2 7,b7 any compensation received from commuter rail passenger transportation providers for such providers' share of capital costs on the ,northeast ,corridor provided to ,amtrak under section #bdije7;c72 7,c7 any operating surplus of the ,northeast ,corridor train services or infrastructure1 as allocated under section #bdcag2 and 7,d7 any other net revenue received in association with the ,northeast ,corridor1 including freight access fees1 electric propulsion1 and commercial development4 7#b7 ,use of ,northeast ,corridor investment account ,except as provided in subsection 7f71 amounts deposited in the ,northeast ,corridor investment account shall be made available for the use of ,amtrak for its share of-- 7,a7 capital projects described in section #bdijd7;a77#b77;,e77i71 and developed under the planning process established under that section1 to bring ,northeast ,corridor infrastructure to a state-of-good-repair2 7,b7 capital projects described in clauses 7ii7 and 7iv7 of section #bdijd7;a77#b77;,e7 that are developed under the planning process established under that section intended to increase corridor capacity1 improve service reliability1 and reduce travel time on the ,northeast ,corridor2 7,c7 capital projects to improve safety and security2 7,d7 capital projects to improve customer service and amenities2 7,e7 acquiring1 rehabilitating1 manufacturing1 remanufacturing1 overhauling1 or improving equipment and associated facilities used for intercity rail passenger transportation by ,northeast ,corridor train services2 7,f7 retirement of principal and payment of interest on loans for capital projects described in this paragraph or for capital leases for equipment and related to the ,northeast ,corridor2 7,g7 participation in public-private partnerships1 joint ventures1 and other mechanisms or arrangements that result in the completion of capital projects described in this paragraph2 and 7,h7 indirect1 common1 corporate1 or other costs directly incurred by or allocated to the ,northeast ,corridor4 7c7 ,state-,supported ,account 7#a7 ,deposits ,amtrak shall deposit in the ,state-supported account established under subsection 7a77#b7-- 7,a7 a portion of the grant funds appropriated under the authorization in section #aja7;a7 of the ,railroad ,reform1 ,enhancement1 and ,efficiency ,act1 or any subsequent ,act appropriating funds for the use of ,amtrak1 as specified in a grant agreement entered into under section #bdcah2 7,b7 any compensation received from ,states provided to ,amtrak under section #bji of the ,passenger ,rail ,investment and ,improvement ,act of #bjjh 7#db ,u4,s4,c4 #bdaja note72 and 7,c7 any operating surplus from its ,state-supported routes1 as allocated under section #bdcag4 7#b7 ,use of ,state-supported account ,except as provided in subsection 7f71 amounts deposited in the ,state-supported account shall be made available for the use of ,amtrak for capital expenses and operating costs1 including indirect1 common1 corporate1 or other costs directly incurred by or allocated to ,state-supported routes1 of its ,state-supported routes and retirement of principal and payment of interest on loans or capital leases attributable to its ,state-supported routes4 7d7 ,long-,distance ,account 7#a7 ,deposits ,amtrak shall deposit in the long-distance account established under subsection 7a77#c7-- 7,a7 a portion of the grant funds appropriated under the authorization in section #aja7;a7 of the ,railroad ,reform1 ,enhancement1 and ,efficiency ,act1 or any subsequent ,act appropriating funds for the use of ,amtrak1 as specified in a grant agreement entered into under section #bdcah2 7,b7 any compensation received from ,states provided to ,amtrak for costs associated with its long-distance routes2 and 7,c7 any operating surplus from its long-distance routes1 as allocated under section #bdcag4 7#b7 ,use of long-distance account ,except as provided in subsection 7f71 amounts deposited in the long-distance account shall be made available for the use of ,amtrak for capital expenses and operating costs1 including indirect1 common1 corporate1 or other costs directly incurred by or allocated to long-distance routes1 of its long-distance routes and retirement of principal and payment of interest on loans or capital leases attributable to the long-distance routes4 7e7 ,other national network activities account 7#a7 ,deposits ,amtrak shall deposit in the other national network activities account established under subsection 7a77#d7-- 7,a7 a portion of the grant funds appropriated under the authorization in section #aja7;a7 of the ,railroad ,reform1 ,enhancement1 and ,efficiency ,act1 or any subsequent ,act appropriating funds for the use of ,amtrak1 as specified in a grant agreement entered into under section #bdcah2 7,b7 any compensation received from ,states provided to ,amtrak for costs associated with its other national network activities2 and 7,c7 any operating surplus from its other national network activities4 7#b7 ,use of other national network activities account ,except as provided in subsection 7f71 amounts deposited into the other national network activities account shall be made available for the use of ,amtrak for capital and operating costs not allocated to the ,northeast ,corridor investment account1 ,state-supported account1 or long-distance account1 and retirement of principal and payment of interest on loans or capital leases attributable to other national network activities4 7f7 ,transfer authority 7#a7 ,authority ,amtrak may transfer any funds appropriated under the authorization in section #aja7;a7 of the ,railroad ,reform1 ,enhancement1 and ,efficiency ,act1 or any subsequent ,act appropriating funds for the use of ,amtrak for deposit into the accounts described in that section1 or any surplus generated by operations1 between the ,northeast ,corridor1 ,state-supported1 long-distance1 and other national network activities accounts-- 7,a7 upon the expiration of #aj days after the date that ,amtrak notifies the ,amtrak ,board of ,directors1 including the ,secretary1 of the planned transfer2 and 7,b7 with the approval of the ,secretary4 7#b7 ,report ,not later than #e days after the date that ,amtrak notifies the ,amtrak ,board of ,directors of a planned transfer under paragraph 7#a71 ,amtrak shall transmit to the ,committee on ,commerce1 ,science1 and ,transportation and the ,committee on ,appropriations of the ,senate and the ,committee on ,transportation and ,infrastructure and the ,committee on ,appropriations of the ,house of ,representatives a report that includes-- 7,a7 the amount of the transfer2 and 7,b7 a detailed explanation of the reason for the transfer1 including-- 7i7 the effects on ,amtrak services funded by the account from which the transfer is drawn1 in comparison to a scenario in which no transfer was made2 and 7ii7 the effects on ,amtrak services funded by the account receiving the transfer1 in comparison to a scenario in which no transfer was made4 7#c7 ,notifications 7,a7 ,state-supported account ,not later than #e days after the date that ,amtrak notifies the ,amtrak ,board of ,directors of a planned transfer under paragraph 7#a7 of funds to or from the ,state-supported account1 ,amtrak shall transmit to each ,state that sponsors a ,state-supported route a letter that includes the information described under subparagraphs 7,a7 and 7,b7 of paragraph 7#b74 7,b7 ,northeast ,corridor account ,not later than #e days after the date that ,amtrak notifies the ,amtrak ,board of ,directors of a planned transfer under paragraph 7#a7 of funds to or from the ,northeast ,corridor account1 ,amtrak shall transmit to the ,northeast ,corridor ,commission a letter that includes the information described under subparagraphs 7,a7 and 7,b7 of paragraph 7#b74 7g7 ,enforcement ,the ,secretary shall enforce the provisions of each grant agreement under section #bdcah7;d71 including any deposit into an account under this section4 7h7 ,letters of intent 7#a7 ,requirement ,the ,secretary may issue a letter of intent to ,amtrak announcing an intention to obligate1 for a major capital project described in clauses 7ii7 and 7iv7 of section #bdijd7;a77#b77;,e71 an amount from future available budget authority specified in law that is not more than the amount stipulated as the financial participation of the ,secretary in the project4 7#b7 ,notice to ,congress ,at least #cj days before issuing a letter under paragraph 7#a71 the ,secretary shall notify in writing the ,committee on ,commerce1 ,science1 and ,transportation and the ,committee on ,appropriations of the ,senate and the ,committee on ,transportation and ,infrastructure and the ,committee on ,appropriations of the ,house of ,representatives of the proposed letter4 ,the ,secretary shall include with the notice a copy of the proposed letter1 the criteria used for selecting the project for a grant award1 and a description of how the project meets the criteria under this section4 7#c7 ,contingent nature of obligation or commitment ,an obligation or administrative commitment may be made only when amounts are appropriated4 ,the letter of intent shall state that the contingent commitment is not an obligation of the ,federal ,government1 and is subject to the availability of appropriations under ,federal law and to ,federal laws in force or enacted after the date of the contingent commitment4 4 7b7 ,conforming amendments ,the table of contents for chapter #bdc is amended by adding at the end the following3 #bdcag4 ,costs and revenues4#bdcah4 ,grant process4#bdcai4 ,accounts4 4 7c7 ,repeals 7#a7 ,establishment of grant process ,section #bjf of the ,passenger ,rail ,investment and ,improvement ,act of #bjjh 7#di ,u4,s4,c4 #bdaja note7 and the item relating to that section in the table of contents of that ,act are repealed4 7#b7 ,authorization of appropriations ,section #bdajd and the item relating to that section in the table of contents of chapter #bda are repealed4 #bjb4 #e-year business line and assets plans 7a7 ,amtrak #e-,year ,business ,line and ,asset ,plans ,chapter #bdc1 as amended by section #bja of this ,act1 is further amended by inserting after section #bdcai the following3 #bdcbj4 ,amtrak #e-year business line and asset plans 7a7 ,in general 7#a7 ,final plans ,not later than ,february #ae of each year1 ,amtrak shall submit to ,congress and the ,secretary final #e-year business line plans and #e-year asset plans prepared in accordance with this section4 ,these final plans shall form the basis for ,amtrak's general and legislative annual report to the ,president and ,congress required by section #bdcae7;b74 7#b7 ,fiscal constraint ,each plan prepared under this section shall be based on funding levels authorized or otherwise available to ,amtrak in a fiscal year4 ,in the absence of an authorization or appropriation of funds for a fiscal year1 the plans shall be based on the amount of funding available in the previous fiscal year1 plus inflation4 ,amtrak may include an appendix to the asset plan required in subsection 7c7 that describes any capital funding requirements in excess of amounts authorized or otherwise available to ,amtrak in a fiscal year for capital investment4 7b7 ,amtrak #e-,year ,business ,line ,plans 7#a7 ,amtrak business lines ,amtrak shall prepare a #e-year business line plan for each of the following business lines and services3 7,a7 ,northeast ,corridor train services4 7,b7 ,state-supported routes operated by ,amtrak4 7,c7 ,long-distance routes operated by ,amtrak4 7,d7 ,ancillary services operated by ,amtrak1 including commuter operations and other revenue generating activities as determined by the ,secretary in consultation with ,amtrak4 7#b7 ,contents of #e-year business line plans ,the #e-year business line plan for each business line shall include1 at a minimum-- 7,a7 a statement of ,amtrak's vision1 goals1 and service plan for the business line1 coordinated with any entities that are contributing capital or operating funding to support passenger rail services within those business lines1 and aligned with ,amtrak's ,strategic ,plan and #e-year asset plans under subsection 7c72 7,b7 all projected revenues and expenditures for the business line1 including identification of revenues and expenditures incurred by-- 7i7 passenger operations2 7ii7 non-passenger operations that are directly related to the business line2 and 7iii7 governmental funding sources1 including revenues and other funding received from ,states2 7,c7 projected ridership levels for all passenger operations2 7,d7 estimates of long-term and short-term debt and associated principal and interest payments 7both current and forecasts72 7,e7 annual profit and loss statements and forecasts and balance sheets2 7,f7 annual cash flow forecasts2 7,g7 a statement describing the methodologies and significant assumptions underlying estimates and forecasts2 7,h7 specific performance measures that demonstrate year over year changes in the results of ,amtrak's operations2 7,i7 financial performance for each route within each business line1 including descriptions of the cash operating loss or contribution and labor productivity for each route2 7,j7 specific costs and savings estimates resulting from reform initiatives2 7,k7 prior fiscal year and projected equipment reliability statistics2 and 7,l7 an identification and explanation of any major adjustments made from previously-approved plans4 7#c7 #e-year business line plans process ,in meeting the requirements of this section1 ,amtrak shall-- 7,a7 coordinate the development of the business line plans with the ,secretary2 7,b7 for the ,northeast ,corridor business line plan1 coordinate with the ,northeast ,corridor ,commission and transmit to the ,commission the final plan under subsection 7a77#a71 and consult with other entities1 as appropriate2 7,c7 for the ,state-supported route business line plan1 coordinate with the ,state-,supported ,route ,committee established under section #bdgab2 7,d7 for the long-distance route business line plan1 coordinate with any ,states or ,interstate ,compacts that provide funding for such routes1 as appropriate2 7,e7 ensure that ,amtrak's annual budget request to ,congress is consistent with the information in the #e-year business line plans2 and 7,f7 identify the appropriate ,amtrak officials that are responsible for each business line4 7#d7 ,standards to promote financial stability ,in meeting the requirements under this subsection1 ,amtrak shall use the categories specified in the financial accounting and reporting system developed under section #bjc of the ,passenger ,rail ,investment and ,improvement ,act of #bjjh 7#di ,u4,s4,c4 #bdaja note7 when preparing its #e-year business line plans4 7c7 ,amtrak #e-,year ,asset plans 7#a7 ,asset categories ,amtrak shall prepare a #e-year asset plan for each of the following asset categories3 7,a7 ,infrastructure1 including all ,amtrak-controlled ,northeast ,corridor assets and other ,amtrak-owned infrastructure1 and the associated facilities that support the operation1 maintenance1 and improvement of those assets4 7,b7 ,passenger rail equipment1 including all ,amtrak-controlled rolling stock1 locomotives1 and mechanical shop facilities that are used to overhaul equipment4 7,c7 ,stations1 including all ,amtrak-controlled passenger rail stations and elements of other stations for which ,amtrak has legal responsibility or intends to make capital investments4 7,d7 ,national assets1 including national reservations1 security1 training and training centers1 and other assets associated with ,amtrak's national passenger rail transportation system4 7#b7 ,contents of #e-year asset plans ,each asset plan shall include1 at a minimum-- 7,a7 a summary of ,amtrak's #e-year strategic plan for each asset category1 including goals1 objectives1 any relevant performance metrics1 and statutory or regulatory actions affecting the assets2 7,b7 an inventory of existing ,amtrak capital assets1 to the extent practicable1 including information regarding shared use or ownership1 if applicable2 7,c7 a prioritized list of proposed capital investments that-- 7i7 categorizes each capital project as being primarily associated with-- 7,i7 normalized capital replacement2 7,,ii7 backlog capital replacement2 7,,iii7 improvements to support service enhancements or growth2 7,,iv7 strategic initiatives that will improve overall operational performance1 lower costs1 or otherwise improve ,amtrak's corporate efficiency2 or 7,v7 statutory1 regulatory1 or other legal mandates2 7ii7 identifies each project or program that is associated with more than #a category described in clause 7i72 and 7iii7 describes the anticipated business outcome of each project or program identified under this subparagraph1 including an assessment of-- 7,i7 the potential effect on passenger operations1 safety1 reliability1 and resilience2 7,,ii7 the potential effect on ,amtrak's ability to meet regulatory requirements if the project or program is not funded2 and 7,,iii7 the benefits and costs2 and 7,d7 annual profit and loss statements and forecasts and balance sheets for each asset category4 7#c7 #e-year asset plan process ,in meeting the requirements of this subsection1 ,amtrak shall-- 7,a7 coordinate with each business line described in subsection 7b77#a7 in the preparation of each #e-year asset plan and ensure integration of each #e-year asset plan with the #e-year business line plans2 7,b7 as applicable1 coordinate with the ,northeast ,corridor ,commission1 the ,state-,supported ,route ,committee1 and owners of assets affected by #e-year asset plans2 and 7,c7 identify the appropriate ,amtrak officials that are responsible for each asset category4 7#d7 ,evaluation of national assets costs ,the ,secretary shall-- 7,a7 evaluate the costs and scope of all national assets2 and 7,b7 determine the activities and costs that are-- 7i7 required in order to ensure the efficient operations of a national passenger rail system2 7ii7 appropriate for allocation to #a of the other ,amtrak business lines2 and 7iii7 extraneous to providing an efficient national passenger rail system or are too costly relative to the benefits or performance outcomes they provide4 7#e7 ,definition of national assets ,in this section1 the term national assets means the ,nation's core rail assets shared among ,amtrak services1 including national reservations1 security1 training and training centers1 and other assets associated with ,amtrak's national passenger rail transportation system4 7#f7 ,restructuring of national assets ,not later than #a year after the date of completion of the evaluation under section #bdcbj7;c77#d71 the ,administrator of the ,federal ,railroad ,administration1 in consultation with the ,amtrak ,board of ,directors1 the governors of each relevant ,state1 and the ,mayor of the ,district of ,columbia1 or their designees1 shall restructure or reallocate1 or both1 the national assets costs in accordance with the determination under that section1 including making appropriate updates to ,amtrak's cost accounting methodology and system4 4 7b7 ,effective date ,the requirements for ,amtrak to submit final #e-year business line plans and #e-year asset plans under section #bdcbj of title #di1 ,united ,states ,code1 shall take effect #a year after the date of enactment of this ,act4 7c7 ,conforming amendments ,the table of contents for chapter #bdc1 as amended by section #bja of this ,act1 is further amended by adding at the end the following3 #bdcbj4 ,amtrak #e-year business line and asset plans4 4 7d7 ,repeal of #e-,year ,financial ,plan ,section #bjd of the ,passenger ,rail ,investment and ,improvement ,act of #bjjh 7#di ,u4,s4,c4 #bdaja note71 and the item relating to that section in the table of contents of that ,act1 are repealed4 7e7 ,identification of duplicative reporting requirements ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall-- 7#a7 review existing ,amtrak reporting requirements and identify where the existing requirements are duplicative with the business line and capital plans required by section #bdcbj of title #di1 ,united ,states ,code2 7#b7 if the duplicative reporting requirements are administrative1 the ,secretary shall eliminate the duplicative requirements2 and 7#c7 submit to ,congress a report with any recommendations for repealing any other duplicative ,amtrak reporting requirements4 #bjc4 ,state-supported route committee 7a7 ,amendment ,chapter #bdg is amended by adding at the end the following3 #bdgab4 ,state-supported routes operated by ,amtrak 7a7 ,state-,supported ,route ,committee 7#a7 ,establishment ,not later than #ahj days after the date of enactment of the ,railroad ,reform1 ,enhancement1 and ,efficiency ,act1 the ,secretary of ,transportation shall establish the ,state-,supported ,route ,committee 7referred to in this section as the ,committee7 to promote mutual cooperation and planning pertaining to the rail operations of ,amtrak and related activities of trains operated by ,amtrak on ,state-supported routes and to further implement section #bji of the ,passenger ,rail ,investment and ,improvement ,act of #bjjh 7#di ,u4,s4,c4 #bdaja note74 7#b7 ,membership 7,a7 ,in general ,the ,committee shall consist of-- 7i7 members representing ,amtrak2 7ii7 members representing the ,department of ,transportation1 including the ,federal ,railroad ,administration2 and 7iii7 members representing ,states1 including other public entities that sponsor the operation of trains by ,amtrak on a ,state-supported route1 designated by1 and serving at the pleasure of1 the chief executive officer thereof4 7,b7 ,non-voting members ,the ,committee may invite and accept other non-voting members to participate in ,committee activities1 as appropriate4 7#c7 ,decisionmaking ,the ,committee shall establish a bloc voting system under which1 at a minimum-- 7,a7 there are #c separate voting blocs to represent the ,committee's voting members1 including-- 7i7 #a voting bloc to represent the members described in paragraph 7#b77;,a77i72 7ii7 #a voting bloc to represent the members described in paragraph 7#b77;,a77ii72 and 7iii7 #a voting bloc to represent the members described in paragraph 7#b77;,a77iii72 7,b7 each voting bloc has #a vote2 7,c7 the vote of the voting bloc representing the members described in paragraph 7#b77;,a77iii7 requires the support of at least two-thirds of that voting bloc's members2 and 7,d7 the ,committee makes decisions by unanimous consent of the #c voting blocs4 7#d7 ,meetings2 rules and procedures ,the ,committee shall convene a meeting and shall define and implement the rules and procedures governing the ,committee's proceedings not later than #ahj days after the date of establishment of the ,committee by the ,secretary4 ,the rules and procedures shall-- 7,a7 incorporate and further describe the decisionmaking procedures to be used in accordance with paragraph 7#c72 and 7,b7 be adopted in accordance with such decisionmaking procedures4 7#e7 ,committee decisions ,decisions made by the ,committee in accordance with the ,committee's rules and procedures1 once established1 are binding on all ,committee members4 7#f7 ,cost allocation methodology 7,a7 ,in general ,subject to subparagraph 7,b71 the ,committee may amend the cost allocation methodology required and previously approved under section #bji of the ,passenger ,rail ,investment and ,improvement ,act of #bjjh 7#di ,u4,s4,c4 #bdaja note74 7,b7 ,procedures for changing methodology ,the rules and procedures implemented under paragraph 7#d7 shall include procedures for changing the cost allocation methodology4 7,c7 ,requirements ,the cost allocation methodology shall-- 7i7 ensure equal treatment in the provision of like services of all ,states and groups of ,states2 and 7ii7 allocate to each route the costs incurred only for the benefit of that route and a proportionate share1 based upon factors that reasonably reflect relative use1 of costs incurred for the common benefit of more than #a route4 7b7 ,invoices and reports ,not later than ,february #ae1 #bjaf1 and monthly thereafter1 ,amtrak shall provide to each ,state that sponsors a ,state-supported route a monthly invoice of the cost of operating such route1 including fixed costs and third-party costs4 ,the ,committee shall determine the frequency and contents of the financial and performance reports that ,amtrak shall provide to the ,states1 as well as the planning and demand reports that the ,states shall provide to ,amtrak4 7c7 ,dispute resolution 7#a7 ,request for dispute resolution ,if a dispute arises with respect to the rules and procedures implemented under subsection 7a77#d71 an invoice or a report provided under subsection 7b71 implementation or compliance with the cost allocation methodology developed under section #bji of the ,passenger ,rail ,investment and ,improvement ,act of #bjjh 7#di ,u4,s4,c4 #bdaja note7 or amended under subsection 7a77#f7 of this section1 either ,amtrak or the ,state may request that the ,surface ,transportation ,board conduct dispute resolution under this subsection4 7#b7 ,procedures ,the ,surface ,transportation ,board shall establish procedures for resolution of disputes brought before it under this subsection1 which may include provision of professional mediation services4 7#c7 ,binding effect ,a decision of the ,surface ,transportation ,board under this subsection shall be binding on the parties to the dispute4 7#d7 ,obligation ,nothing in this subsection shall affect the obligation of a ,state to pay an amount not in dispute4 7d7 ,assistance 7#a7 ,in general ,the ,secretary may provide assistance to the parties in the course of negotiations for a contract for operation of a ,state-supported route4 7#b7 ,financial assistance ,from among available funds1 the ,secretary shall-- 7,a7 provide financial assistance to ,amtrak or #a or more ,states to perform requested independent technical analysis of issues before the ,committee2 and 7,b7 reimburse ,members for travel expenses1 including per diem in lieu of subsistence1 in accordance with section #egjc of title #e4 7e7 ,performance metrics ,in negotiating a contract for operation of a ,state-supported route1 ,amtrak and the ,state or ,states that sponsor the route shall consider including provisions that provide penalties and incentives for performance4 7f7 ,statement of goals and objectives 7#a7 ,in general ,the ,committee shall develop a statement of goals1 objectives1 and associated recommendations concerning the future of ,state-supported routes operated by ,amtrak4 ,the statement shall identify the roles and responsibilities of ,committee members and any other relevant entities1 such as host railroads1 in meeting the identified goals and objectives1 or carrying out the recommendations4 ,the ,committee may consult with such relevant entities1 as the ,committee considers appropriate1 when developing the statement4 7#b7 ,transmission of statement of goals and objectives ,not later than #b years after the date of enactment of the ,railroad ,reform1 ,enhancement1 and ,efficiency ,act the ,committee shall transmit the statement developed under paragraph 7#a7 to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives4 7g7 ,rule of ,construction ,the decisions of the ,committee-- 7#a7 shall pertain to the rail operations of ,amtrak and related activities of trains operated by ,amtrak on ,state-sponsored routes2 and 7#b7 shall not pertain to the rail operations or related activities of services operated by other rail passenger carriers on ,state-supported routes4 7h7 ,federal ,advisory ,committee ,act ,the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app47 shall not apply to the ,committee4 7i7 ,definition of ,state ,in this section1 the term ,state means each of the #ej ,states1 the ,district of ,columbia1 and a public entity that sponsors the operation of trains by ,amtrak on a ,state-supported route4 4 7b7 ,technical and conforming amendments ,the table of contents for chapter #bdg is amended by adding at the end the following3 #bdgab4 ,state-supported routes operated by ,amtrak4 4 #bjd4 ,route and service planning decisions ,section #bjh of the ,passenger ,rail ,investment and ,improvement ,act of #bjjh 7#di ,u4,s4,c4 #bdaja note7 is amended to read as follows3 #bjh4 ,methodologies for ,amtrak route and service planning decisions 7a7 ,methodology development ,not later than #ahj days after the date of enactment of the ,railroad ,reform1 ,enhancement1 and ,efficiency ,act1 as a condition of receiving a grant under section #aja of that ,act1 ,amtrak shall obtain the services of an independent entity to develop and recommend objective methodologies for ,amtrak to use in determining what intercity rail passenger transportation routes and services it should provide1 including the establishment of new routes1 the elimination of existing routes1 and the contraction or expansion of services or frequencies over such routes4 7b7 ,considerations ,amtrak shall require the independent entity1 in developing the methodologies described in subsection 7a71 to consider-- 7#a7 the current and expected performance and service quality of intercity rail passenger transportation operations1 including cost recovery1 on-time performance1 ridership1 on-board services1 stations1 facilities1 equipment1 and other services2 7#b7 the connectivity of a route with other routes2 7#c7 the transportation needs of communities and populations that are not well served by intercity rail passenger transportation service or by other forms of intercity transportation2 7#d7 the methodologies of ,amtrak and major intercity rail passenger transportation service providers in other countries for determining intercity passenger rail routes and services2 7#e7 the financial and operational effects on the overall network1 including the effects on indirect costs2 7#f7 the views of ,states and the recommendations described in ,state rail plans1 rail carriers that own infrastructure over which ,amtrak operates1 ,interstate ,compacts established by ,congress and ,states1 ,amtrak employee representatives1 stakeholder organizations1 and other interested parties2 and 7#g7 the funding levels that will be available under authorization levels that have been enacted into law4 7c7 ,recommendations ,not later than #a year after the date of enactment of the ,railroad ,reform1 ,enhancement1 and ,efficiency ,act1 ,amtrak shall transmit to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives recommendations developed by the independent entity under subsection 7a74 7d7 ,consideration of recommendations ,not later than #ij days after the date the recommendations are transmitted under subsection 7c71 ,amtrak shall consider the adoption of each recommendation and transmit to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives a report explaining the reasons for adopting or not adopting each recommendation4 4 #bje4 ,competition 7a7 ,alternate passenger rail service pilot program ,section #bdgaa is amended to read as follows3 #bdgaa4 ,alternate passenger rail service pilot program 7a7 ,in general ,not later than #ah months after the date of enactment of the ,railroad ,reform1 ,enhancement1 and ,efficiency ,act1 the ,secretary of ,transportation shall promulgate a rule to implement a pilot program for competitive selection of rail carriers for long-distance routes 7as defined in section #bdajb74 7b7 ,pilot program requirements 7#a7 ,in general ,the pilot program shall-- 7,a7 allow a party described in paragraph 7#b7 to petition the ,secretary to provide intercity rail passenger transportation over a long-distance route in lieu of ,amtrak for an operations period of #d years from the date of commencement of service by the winning bidder and1 at the option of the ,secretary1 consistent with the rule promulgated under subsection 7a71 allow the contract to be renewed for an additional operations period of #d years1 but not to exceed a total of #c operations periods2 7,b7 require the ,secretary to-- 7i7 notify the petitioner and ,amtrak of receipt of the petition under subparagraph 7,a7 and to publish in the ,federal ,register a notice of receipt not later than #cj days after the date of receipt2 and 7ii7 establish a deadline1 of not more than #abj days after the notice of receipt is published in the ,federal ,register under clause 7i71 by which both the petitioner and ,amtrak1 if ,amtrak chooses to do so1 would be required to submit a complete bid to provide intercity rail passenger transportation over the applicable route2 7,c7 require that each bid-- 7i7 describe the capital needs1 financial projections1 and operational plans1 including staffing plans1 for the service1 and such other factors as the ,secretary considers appropriate2 and 7ii7 be made available by the winning bidder to the public after the bid award2 7,d7 for a route that receives funding from a ,state or ,states1 require that for each bid received from a party described in paragraph 7#b71 other than a ,state1 the ,secretary have the concurrence of the ,state or ,states that provide funding for that route2 7,e7 for a winning bidder that is not or does not include ,amtrak1 require the ,secretary to execute a contract not later than #bgj days after the deadline established under subparagraph 7,b77ii7 and award to the winning bidder-- 7i7 subject to paragraphs 7#c7 and 7#d71 the right and obligation to provide intercity rail passenger transportation over that route subject to such performance standards as the ,secretary may require2 and 7ii7 an operating subsidy1 as determined by the ,secretary1 for-- 7,i7 the first year at a level that does not exceed #ij percent of the level in effect for that specific route during the fiscal year preceding the fiscal year in which the petition was received1 adjusted for inflation2 and 7,,ii7 any subsequent years at the level calculated under subclause 7,i71 adjusted for inflation2 and 7,f7 for a winning bidder that is or includes ,amtrak1 award to that bidder an operating subsidy1 as determined by the ,secretary1 over the applicable route that will not change during the fiscal year in which the bid was submitted solely as a result of the winning bid4 7#b7 ,eligible petitioners ,the following parties are eligible to submit petitions under paragraph 7#a73 7,a7 ,a rail carrier or rail carriers that own the infrastructure over which ,amtrak operates a long-distance route4 7,b7 ,a rail passenger carrier with a written agreement with the rail carrier or rail carriers that own the infrastructure over which ,amtrak operates a long-distance route and that host or would host the intercity rail passenger transportation4 7,c7 ,a ,state1 group of ,states1 or ,state-supported joint powers authority or other sub-,state governance entity responsible for provision of intercity rail passenger transportation with a written agreement with the rail carrier or rail carriers that own the infrastructure over which ,amtrak operates a long-distance route and that host or would host the intercity rail passenger transportation4 7,d7 ,a ,state1 group of ,states1 or ,state-supported joint powers authority or other sub-,state governance entity responsible for provision of intercity rail passenger transportation and a rail passenger carrier with a written agreement with the rail carrier or rail carriers that own the infrastructure over which ,amtrak operates a long-distance route and that host or would host the intercity rail passenger transportation4 7#c7 ,performance standards ,if the winning bidder under paragraph 7#a77;,e77i7 is not or does not include ,amtrak1 the performance standards shall be consistent with the performance required of or achieved by ,amtrak on the applicable route during the last fiscal year4 7#d7 ,agreement governing access issues ,unless the winning bidder already has applicable access agreements in place or includes a rail carrier that owns the infrastructure used in the operation of the route1 the winning bidder under paragraph 7#a77;,e77i7 shall enter into a written agreement governing access issues between the winning bidder and the rail carrier or rail carriers that own the infrastructure over which the winning bidder would operate and that host or would host the intercity rail passenger transportation4 7c7 ,access to facilities2 employees ,if the ,secretary awards the right and obligation to provide rail passenger transportation over a route under this section to an entity in lieu of ,amtrak-- 7#a7 the ,secretary shall require ,amtrak to provide access to the ,amtrak-owned reservation system1 stations1 and facilities directly related to operations of the awarded routes to the rail passenger carrier awarded a contract under this section1 in accordance with subsection 7g71 as necessary to carry out the purposes of this section2 7#b7 an employee of any person1 except for a freight railroad or a person employed or contracted by a freight railroad1 used by such rail passenger carrier in the operation of a route under this section shall be considered an employee of that rail passenger carrier and subject to the applicable ,federal laws and regulations governing similar crafts or classes of employees of ,amtrak2 and 7#c7 the winning bidder shall provide hiring preference to qualified ,amtrak employees displaced by the award of the bid1 consistent with the staffing plan submitted by the bidder1 and shall be subject to the grant conditions under section #bddje4 7d7 ,cessation of service ,if a rail passenger carrier awarded a route under this section ceases to operate the service or fails to fulfill an obligation under the contract required under subsection 7b77#a77;,e71 the ,secretary shall take any necessary action consistent with this title to enforce the contract and ensure the continued provision of service1 including-- 7#a7 the installment of an interim rail passenger carrier2 7#b7 providing to the interim rail passenger carrier under paragraph 7#a7 an operating subsidy necessary to provide service2 and 7#c7 rebidding the contract to operate the rail passenger transportation4 7e7 ,budget authority 7#a7 ,in general ,the ,secretary shall provide to a winning bidder that is not or does not include ,amtrak and that is selected under this section any appropriations withheld under section #aja7;c7 of the ,railroad ,reform1 ,enhancement1 and ,efficiency ,act1 or any subsequent appropriation for the same purpose1 necessary to cover the operating subsidy described in subsection 7b77#a77;,e77ii74 7#b7 ,amtrak ,if the ,secretary selects a winning bidder that is not or does not include ,amtrak1 the ,secretary may provide to ,amtrak an appropriate portion of the appropriations under section #aja7;a7 of the ,railroad ,reform1 ,enhancement1 and ,efficiency ,act1 or any subsequent appropriation for the same purpose1 to cover any cost directly attributable to the termination of ,amtrak service on the route and any indirect costs to ,amtrak imposed on other ,amtrak routes as a result of losing service on the route operated by the winning bidder4 ,any amount provided by the ,secretary to ,amtrak under this paragraph shall not be deducted from or have any effect on the operating subsidy described in subsection 7b77#a77;,e77ii74 7f7 ,deadline ,if the ,secretary does not promulgate the final rule and implement the program before the deadline under subsection 7a71 the ,secretary shall submit to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives a letter1 signed by the ,secretary and ,administrator of the ,federal ,railroad ,administration1 each month until the rule is complete1 including-- 7#a7 the reasons why the rule has not been issued2 7#b7 an updated staffing plan for completing the rule as soon as feasible2 7#c7 the contact information of the official that will be overseeing the execution of the staffing plan2 and 7#d7 the estimated date of completion of the rule4 7g7 ,disputes ,if ,amtrak and the rail passenger carrier awarded a route under this section cannot agree upon terms to carry out subsection 7c77#a71 and the ,surface ,transportation ,board finds that access to ,amtrak's facilities or equipment1 or the provision of services by ,amtrak1 is necessary under subsection 7c77#a7 and that the operation of ,amtrak's other services will not be impaired thereby1 the ,surface ,transportation ,board shall issue an order that the facilities and equipment be made available1 and that services be provided1 by ,amtrak1 and shall determine reasonable compensation1 liability1 and other terms for use of the facilities and equipment and provision of the services4 7h7 ,limitation ,not more than #c long-distance routes may be selected under this section for operation by a winning bidder that is not or does not include ,amtrak4 7i7 ,preservation of ,right to ,competition on ,state-,supported ,routes ,nothing in this section shall be construed as prohibiting a ,state from introducing competition for intercity rail passenger transportation or services on its ,state-supported route or routes4 4 7b7 ,report ,not later than #d years after the date of implementation of the pilot program under section #bdgaa of title #di1 ,united ,states ,code1 and quadrennially thereafter until the pilot program is discontinued1 the ,secretary shall submit to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives a report on the results on the pilot program to date and any recommendations for further action4 #bjf4 ,rolling stock purchases 7a7 ,in general ,prior to entering into any contract in excess of #ajj1jjj1jjj for rolling stock and locomotive procurements ,amtrak shall submit a business case analysis to the ,secretary1 the ,committee on ,commerce1 ,science1 and ,transportation and the ,committee on ,appropriations of the ,senate and the ,committee on ,transportation and ,infrastructure and the ,committee on ,appropriations of the ,house of ,representatives1 on the utility of such procurements4 7b7 ,contents ,the business case analysis shall-- 7#a7 include a cost and benefit comparison that describes the total lifecycle costs and the anticipated benefits related to revenue1 operational efficiency1 reliability1 and other factors2 7#b7 set forth the total payments by fiscal year2 7#c7 identify the specific source and amounts of funding for each payment1 including ,federal funds1 ,state funds1 ,amtrak profits1 ,federal1 ,state1 or private loans or loan guarantees1 and other funding2 7#d7 include an explanation of whether any payment under the contract will increase ,amtrak's grant request1 as required under section #bdcah of title #di1 ,united ,states ,code1 in that particular fiscal year2 and 7#e7 describe how ,amtrak will adjust the procurement if future funding is not available4 7c7 ,rule of construction ,nothing in this section shall be construed as requiring ,amtrak to disclose confidential information regarding a potential vendor's proposed pricing or other sensitive business information prior to contract execution4 #bjg4 ,food and beverage policy 7a7 ,in general ,chapter #bdc1 as amended in section #bjb of this ,act1 is further amended by adding after section #bdcbj the following3 #bdcba4 ,food and beverage reform 7a7 ,plan ,not later than #ij days after the date of enactment of the ,railroad ,reform1 ,enhancement1 and ,efficiency ,act1 ,amtrak shall develop and begin implementing a plan to eliminate1 not later than #d years after the date of enactment of that ,act1 the operating loss associated with providing food and beverage service on board ,amtrak trains4 7b7 ,considerations ,in developing and implementing the plan under subsection 7a71 ,amtrak shall consider a combination of cost management and revenue generation initiatives1 including-- 7#a7 scheduling optimization2 7#b7 onboard logistics2 7#c7 product development and supply chain efficiency2 7#d7 training1 awards1 and accountability2 7#e7 technology enhancements and process improvements2 and 7#f7 ticket revenue allocation4 7c7 ,savings clause ,amtrak shall ensure that no ,amtrak employee holding a position as of the date of enactment of the ,railroad ,reform1 ,enhancement1 and ,efficiency ,act is involuntarily separated because of-- 7#a7 the development and implementation of the plan required under subsection 7a72 or 7#b7 any other action taken by ,amtrak to implement this section4 7d7 ,no ,federal funding for operating losses ,beginning on the date that is #d years after the date of enactment of the ,railroad ,reform1 ,enhancement1 and ,efficiency ,act1 no ,federal funds may be used to cover any operating loss associated with providing food and beverage service on a route operated by ,amtrak or an alternative passenger rail service provider that operates a route in lieu of ,amtrak under section #bdgaa4 7e7 ,report ,not later than #abj days after the date of enactment of the ,railroad ,reform1 ,enhancement1 and ,efficiency ,act1 and annually thereafter for a period of #d years1 ,amtrak shall transmit to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives a report on the plan developed under subsection 7a7 and a description of progress in the implementation of the plan4 4 7b7 ,conforming amendment ,the table of contents for chapter #bdc1 as amended in section #bjb of this ,act1 is amended by adding at the end the following3 #bdcba4 ,food and beverage reform4 4 #bjh4 ,local products and promotional events 7a7 ,in general ,not later than #f months after the date of enactment of this ,act1 ,amtrak shall establish a pilot program for a ,state or ,states that sponsor a ,state-supported route operated by ,amtrak to facilitate-- 7#a7 onboard purchase and sale of local food and beverage products2 and 7#b7 partnerships with local entities to hold promotional events on trains or in stations4 7b7 ,program design ,the pilot program under paragraph 7#a7 shall allow a ,state or ,states-- 7#a7 to nominate and select a local food and beverage products supplier or suppliers or local promotional event partner2 7#b7 to charge a reasonable price or fee for local food and beverage products or promotional events and related activities to help defray the costs of program administration and ,state-supported routes2 and 7#c7 a mechanism to ensure that ,state products can effectively be handled and integrated into existing food and beverage services1 including compliance with all applicable regulations and standards governing such services4 7c7 ,program administration ,the pilot program shall-- 7#a7 for local food and beverage products1 ensure the products are integrated into existing food and beverage services1 including compliance with all applicable regulations and standards2 7#b7 for promotional events1 ensure the events are held in compliance with all applicable regulations and standards1 including terms to address insurance requirements2 and 7#c7 require an annual report that documents revenues and costs and indicates whether the products or events resulted in a reduction in the financial contribution of a ,state or ,states to the applicable ,state-supported route4 7d7 ,report ,not later than #d years after the date of establishment of the pilot programs under this section1 ,amtrak shall report to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives on which ,states have participated in the pilot programs under this section4 ,the report shall summarize the financial and operational outcomes of the pilot programs4 7e7 ,rule of construction ,nothing in this subsection shall be construed as limiting ,amtrak's ability to operate special trains in accordance with section #baf of the ,passenger ,rail ,investment and ,improvement ,act of #bjjh 7#di ,u4,s4,c4 #bdcjh note74 #bji4 ,right-of-way leveraging 7a7 ,request for proposals 7#a7 ,in general ,not later than #a year after the date of enactment of this ,act1 ,amtrak shall issue a ,request for ,proposals seeking qualified persons or entities to utilize right-of-way and real estate owned1 controlled1 or managed by ,amtrak for telecommunications systems1 energy distribution systems1 and other activities considered appropriate by ,amtrak4 7#b7 ,contents ,the ,request for ,proposals shall provide sufficient information on the right-of-way and real estate assets to enable respondents to propose an arrangement that will monetize or generate additional revenue from such assets through revenue sharing or leasing agreements with ,amtrak1 to the extent possible4 7b7 ,consideration of proposals ,not later than #ahj days following the deadline for the receipt of proposals under subsection 7a71 ,amtrak shall review and consider each qualified proposal4 ,amtrak may enter into such agreements as are necessary to implement any qualified proposal4 7c7 ,report ,not later than #bgj days following the deadline for the receipt of proposals under subsection 7a71 ,amtrak shall transmit to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives a report on the ,request for ,proposals required by this section1 including summary information of any proposals submitted to ,amtrak and any proposals accepted by ,amtrak4 7d7 ,savings ,clause ,nothing in this section shall be construed to limit ,amtrak's ability to utilize right-of-way or real estate assets that it currently owns1 controls1 or manages or constrain ,amtrak's ability to enter into agreements with other parties to utilize such assets4 #baj4 ,station development 7a7 ,report on development options ,not later than #a year after the date of enactment of this ,act1 ,amtrak shall transmit to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives a report on options to enhance economic development and accessibility of and around ,amtrak stations and terminals1 for the purposes of-- 7#a7 improving station condition1 functionality1 capacity1 and customer amenities2 7#b7 generating additional investment capital and development-related revenue streams2 7#c7 increasing ridership and revenue2 7#d7 complying with the applicable sections of the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaja et seq47 and the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gja et seq472 and 7#e7 strengthening multimodal connections1 including transit1 intercity buses1 roll-on and roll-off bicycles1 and airports1 as appropriate4 7b7 ,request for information ,not later than #ij days after the date the report is transmitted under subsection 7a71 ,amtrak shall issue a ,request of ,information for #a or more owners of stations served by ,amtrak to formally express an interest in completing the requirements of this section4 7c7 ,proposals 7#a7 ,request for proposals ,not later than #ahj days after the date the ,request for ,information is issued under subsection 7a71 ,amtrak shall issue a ,request for ,proposals from qualified persons1 including small business concerns owned and controlled by socially and economically disadvantaged individuals and veteran-owned small businesses1 to lead1 participate1 or partner with ,amtrak1 a station owner that responded under subsection 7b71 and other entities in enhancing development in and around such stations and terminals using applicable options identified under subsection 7a7 at facilities selected by ,amtrak4 7#b7 ,consideration of proposals ,not later than #a year after the date the ,request for ,proposals are issued under paragraph 7#a71 ,amtrak shall review and consider qualified proposals submitted under paragraph 7#a74 ,amtrak or a station owner that responded under subsection 7b7 may enter into such agreements as are necessary to implement any qualified proposal4 7d7 ,report ,not later than #c years after the date of enactment of this ,act1 ,amtrak shall transmit to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives a report on the ,request for ,proposals process required under this section1 including summary information of any qualified proposals submitted to ,amtrak and any proposals acted upon by ,amtrak or a station owner that responded under subsection 7b74 7e7 ,definitions ,in this section1 the terms small business concern1 socially and economically disadvantaged individual1 and veteran-owned small business have the meanings given the terms in section #cjd7;c7 of this ,act4 7f7 ,savings clause ,nothing in this section shall be construed to limit ,amtrak's ability to develop its stations1 terminals1 or other assets1 to constrain ,amtrak's ability to enter into and carry out agreements with other parties to enhance development at or around ,amtrak stations or terminals1 or to affect any station development initiatives ongoing as of the date of enactment of this ,act4 #baa4 ,amtrak debt ,section #bje of the ,passenger ,rail ,investment and ,improvement ,act of #bjjh 7#di ,u4,s4,c4 #bdaja note7 is amended-- 7#a7 by striking as of the date of enactment of this ,act each place it appears2 7#b7 in subsection 7a7-- 7,a7 by inserting 1 to the extent provided in advance in appropriations ,acts after ,amtrak's indebtedness2 and 7,b7 by striking the second sentence2 7#c7 in subsection 7b71 by striking ,the ,secretary of the ,treasury1 in consultation and inserting ,to the extent amounts are provided in advance in appropriations ,acts1 the ,secretary of the ,treasury1 in consultation2 7#d7 in subsection 7d71 by inserting 1 to the extent provided in advance in appropriations ,acts after as appropriate2 7#e7 in subsection 7e7-- 7,a7 in paragraph 7#a71 by striking by section #ajb of this division2 and 7,b7 in paragraph 7#b71 by striking by section #ajb and inserting for ,amtrak2 7#f7 in subsection 7g71 by inserting 1 unless that debt receives credit assistance1 including direct loans and loan guarantees1 under chapter #f of title #bc1 ,united ,states ,code or title ,v of the ,railroad ,revitalization and ,regulatory ,act of #aigf 7#de ,u4,s4,c4 #hba et seq47 after ,secretary2 and 7#g7 by striking subsection 7h74 #bab4 ,amtrak pilot program for passengers transporting domesticated cats and dogs 7a7 ,in general ,not later than #a year after the date of enactment of this ,act1 ,amtrak shall develop a pilot program that allows passengers to transport domesticated cats or dogs on certain trains operated by ,amtrak4 7b7 ,pet policy ,in developing the pilot program required under subsection 7a71 ,amtrak shall-- 7#a7 in the case of a passenger train that is comprised of more than #a car1 designate1 where feasible1 at least #a car in which a ticketed passenger may transport a domesticated cat or dog in the same manner as carry-on baggage if-- 7,a7 the cat or dog is contained in a pet kennel2 7,b7 the pet kennel complies with ,amtrak size requirements for carriage of carry-on baggage2 7,c7 the passenger is traveling on a train operating on a route described in subparagraph 7,a71 7,b71 or 7,d7 of section #bdajb7f7 of title #di1 ,united ,states ,code2 and 7,d7 the passenger pays a fee described in paragraph 7#c72 7#b7 allow a ticketed passenger to transport a domesticated cat or dog on a train in the same manner as cargo if-- 7,a7 the cat or dog is contained in a pet kennel2 7,b7 the pet kennel is stowed in accordance with ,amtrak requirements for cargo stowage2 7,c7 the passenger is traveling on a train operating on a route described in subparagraph 7,a71 7,b71 or 7,d7 of section #bdajb7f7 of title #di1 ,united ,states ,code2 7,d7 the cargo area is temperature controlled in a manner protective of cat and dog safety and health2 and 7,e7 the passenger pays a fee described in paragraph 7#c72 and 7#c7 collect fees for each cat or dog transported by a ticketed passenger in an amount that1 in the aggregate and at a minimum1 covers the full costs of the pilot program4 7c7 ,report ,not later than #a year after the pilot program required under subsection 7a7 is first implemented1 ,amtrak shall transmit to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives a report containing an evaluation of the pilot program4 7d7 ,limitation on statutory construction 7#a7 ,service animals ,the pilot program under subsection 7a7 shall be separate from and in addition to the policy governing ,amtrak passengers traveling with service animals4 ,nothing in this section may be interpreted to limit or waive the rights of passengers to transport service animals4 7#b7 ,additional train cars ,nothing in this section may be interpreted to require ,amtrak to add additional train cars or modify existing train cars4 7#c7 ,federal funds ,no ,federal funds may be used to implement the pilot program required under this section4 #bac4 ,amtrak board of directors 7a7 ,in general ,section #bdcjb7;a7 is amended to read as follows3 7a7 ,composition and terms 7#a7 ,in general ,the ,amtrak ,board of ,directors 7referred to in this section as the ,board7 is composed of the following #i directors1 each of whom must be a citizen of the ,united ,states3 7,a7 ,the ,secretary of ,transportation4 7,b7 ,the ,president of ,amtrak4 7,c7 #g individuals appointed by the ,president of the ,united ,states1 by and with the advice and consent of the ,senate1 with general business and financial experience1 experience or qualifications in transportation1 freight and passenger rail transportation1 travel1 hospitality1 or passenger air transportation businesses1 or representatives of employees or users of passenger rail transportation or a ,state government4 7#b7 ,selection ,in selecting individuals described in paragraph 7#a77;,c7 for nominations for appointments to the ,board1 the ,president shall consult with the ,speaker of the ,house of ,representatives1 the minority leader of the ,house of ,representatives1 the majority leader of the ,senate1 and the minority leader of the ,senate4 ,the individuals appointed to the ,board under paragraph 7#a77;,c7 shall be composed of the following2 7,a7 #b individuals from the ,northeast ,corridor4 7,b7 #d individuals from regions of the country outside of the ,northeast ,corridor and geographically distributed with-- 7i7 #b individuals from ,states with long-distance routes operated by ,amtrak2 and 7ii7 #b individuals from ,states with ,state-supported routes operated by ,amtrak4 7,c7 #a individual from the ,northeast ,corridor or a ,state with long-distance or ,state-supported routes4 7#c7 ,term ,an individual appointed under paragraph 7#a77;,c7 shall be appointed for a term of #e years4 ,the term may be extended until the individual's successor is appointed and qualified4 ,not more than #d individuals appointed under paragraph 7#a77;,c7 may be members of the same political party4 7#d7 ,chairperson and vice chairperson ,the ,board shall elect a chairperson and vice chairperson1 other than the ,president of ,amtrak1 from among its membership4 ,the vice chairperson shall serve as chairperson in the absence of the chairperson4 7#e7 ,secretary's designee ,the ,secretary may be represented at ,board meetings by the ,secretary's designee4 4 7b7 ,rule of construction ,nothing in this section shall be construed as affecting the term of any director serving on the ,amtrak ,board of ,directors under section #bdcjb7;a77#a77;,c7 of title #di1 ,united ,states ,code1 on the day preceding the date of enactment of this ,act4 ,,iii ,intercity passenger rail policy #cja4 ,competitive operating grants 7a7 ,in general ,chapter #bdd is amended-- 7#a7 by striking section #bddjf2 and 7#b7 by inserting after section #bddje the following3 #bddjf4 ,competitive operating grants 7a7 ,applicant defined ,in this section1 the term applicant means-- 7#a7 a ,state2 7#b7 a group of ,states2 7#c7 an ,interstate ,compact2 7#d7 a public agency or publicly chartered authority established by #a or more ,states and having responsibility for providing intercity rail passenger transportation or commuter rail passenger transportation2 7#e7 a political subdivision of a ,state2 7#f7 ,amtrak or another rail passenger carrier that provides intercity rail passenger transportation2 7#g7 ,any rail carrier in partnership with at least #a of the entities described in paragraphs 7#a7 through 7#e72 and 7#h7 any combination of the entities described in paragraphs 7#a7 through 7#g74 7b7 ,grants authorized ,the ,secretary of ,transportation shall develop and implement a program for issuing #c-year operating assistance grants to applicants1 on a competitive basis1 for the purpose of initiating1 restoring1 or enhancing intercity rail passenger service4 7c7 ,application ,an applicant for a grant under this section shall submit to the ,secretary-- 7#a7 a capital and mobilization plan that-- 7,a7 describes any capital investments1 service planning actions 7such as environmental reviews71 and mobilization actions 7such as qualification of train crews7 required for initiation of service2 and 7,b7 includes the timeline for undertaking and completing each of the investments and actions referred to in subparagraph 7,a72 7#b7 an operating plan that describes the planned operation of the service1 including-- 7,a7 the identity and qualifications of the train operator2 7,b7 the identity and qualifications of any other service providers2 7,c7 service frequency2 7,d7 the planned routes and schedules2 7,e7 the station facilities that will be utilized2 7,f7 projected ridership1 revenues1 and costs2 7,g7 descriptions of how the projections under subparagraph 7,f7 were developed2 7,h7 the equipment that will be utilized1 how such equipment will be acquired or refurbished1 and where such equipment will be maintained2 and 7,i7 a plan for ensuring safe operations and compliance with applicable safety regulations2 7#c7 a funding plan that-- 7,a7 describes the funding of initial capital costs and operating costs for the first #c years of operation2 7,b7 includes a commitment by the applicant to provide the funds described in subparagraph 7,a7 to the extent not covered by ,federal grants and revenues2 and 7,c7 describes the funding of operating costs and capital costs1 to the extent necessary1 after the first #c years of operation2 and 7#d7 a description of the status of negotiations and agreements with-- 7,a7 each of the railroads or regional transportation authorities whose tracks or facilities would be utilized by the service2 7,b7 the anticipated rail passenger carrier1 if such entity is not part of the applicant group2 and 7,c7 any other service providers or entities expected to provide services or facilities that will be used by the service1 including any required access to ,amtrak systems1 stations1 and facilities if ,amtrak is not part of the applicant group4 7d7 ,priorities ,in awarding grants under this section1 the ,secretary shall give priority to applications-- 7#a7 for which planning1 design1 any environmental reviews1 negotiation of agreements1 acquisition of equipment1 construction1 and other actions necessary for initiation of service have been completed or nearly completed2 7#b7 that would restore service over routes formerly operated by ,amtrak1 including routes with international connections2 7#c7 that would provide daily or daytime service over routes where such service did not previously exist2 7#d7 that include private funding 7including funding from railroads71 and funding or other significant participation by ,state1 local1 and regional governmental and private entities2 7#e7 that include a funding plan that demonstrates the intercity rail passenger service will be financially sustainable beyond the #c-year grant period2 7#f7 that would provide service to regions and communities that are underserved or not served by other intercity public transportation2 7#g7 that would foster economic development1 particularly in rural communities and for disadvantaged populations2 7#h7 that would provide other non-transportation benefits2 and 7#i7 that would enhance connectivity and geographic coverage of the existing national network of intercity passenger rail service4 7e7 ,limitations 7#a7 ,duration ,federal operating assistance grants authorized under this section for any individual intercity rail passenger transportation route may not provide funding for more than #c years and may not be renewed4 7#b7 ,limitation ,not more than #f of the operating assistance grants awarded pursuant to subsection 7b7 may be simultaneously active4 7#c7 ,maximum funding ,grants described in paragraph 7#a7 may not exceed-- 7,a7 #hj percent of the projected net operating costs for the first year of service2 7,b7 #fj percent of the projected net operating costs for the second year of service2 and 7,c7 #dj percent of the projected net operating costs for the third year of service4 7f7 ,use with capital grants and other ,federal funding ,a recipient of an operating assistance grant under subsection 7b7 may use that grant in combination with other grants awarded under this chapter or any other ,federal funding that would benefit the applicable service4 7g7 ,availability ,amounts appropriated for carrying out this section shall remain available until expended4 7h7 ,coordination with ,amtrak ,if the ,secretary awards a grant under this section to a rail passenger carrier other than ,amtrak1 ,amtrak may be required under section #bdgaa7;c77#a7 of this title to provide access to its reservation system1 stations1 and facilities that are directly related to operations to such carrier1 to the extent necessary to carry out the purposes of this section4 ,the ,secretary may award an appropriate portion of the grant to ,amtrak as compensation for this access4 7i7 ,conditions 7#a7 ,grant agreement ,the ,secretary shall require grant recipients under this section to enter into a grant agreement that requires them to provide similar information regarding the route performance1 financial1 and ridership projections1 and capital and business plans that ,amtrak is required to provide1 and such other data and information as the ,secretary deems necessary4 7#b7 ,installments2 termination ,the ,secretary may-- 7,a7 award grants under this section in installments1 as the ,secretary considers appropriate2 and 7,b7 terminate any grant agreement upon-- 7i7 the cessation of service2 or 7ii7 the violation of any other term of the grant agreement4 7#c7 ,grant conditions ,except as specifically provided in this section1 the use of any amounts appropriated for grants under this section shall be subject to the requirements under this chapter4 7j7 ,report ,not later than #d years after the date of enactment of the ,railroad ,reform1 ,enhancement1 and ,efficiency ,act1 the ,secretary1 after consultation with grant recipients under this section1 shall submit a report to ,congress that describes-- 7#a7 the implementation of this section2 7#b7 the status of the investments and operations funded by such grants2 7#c7 the performance of the routes funded by such grants2 7#d7 the plans of grant recipients for continued operation and funding of such routes2 and 7#e7 any legislative recommendations4 4 7b7 ,conforming amendments ,chapter #bdd is amended-- 7#a7 in the table of contents1 by inserting after the item relating to section #bddje the following3 #bddjf4 ,competitive operating grants4 2 7#b7 in the chapter title1 by striking ,intercity passenger rail service corridor capital and inserting ,rail capital and operating2 7#c7 in section #bddja1 by striking paragraph 7#a72 7#d7 in section #bddjb1 by striking subsection 7j7 and inserting the following3 7j7 ,applicant defined ,in this section1 the term applicant means a ,state 7including the ,district of ,columbia71 a group of ,states1 an ,interstate ,compact1 a public agency or publicly chartered authority established by #a or more ,states and having responsibility for providing intercity rail passenger transportation1 or a political subdivision of a ,state4 2 and 7#e7 in section #bddje-- 7,a7 in subsection 7b7-- 7i7 by inserting 1 or for which an operating grant is issued under section #bddjf1 after chapter2 and 7ii7 in paragraph 7#b71 by striking 7#dc and inserting 7#de2 7,b7 in subsection 7d77#a71 in the matter preceding subparagraph 7,a71 by inserting or unless ,amtrak ceased providing intercity passenger railroad transportation over the affected route more than #c years before the commencement of new service after unless such service was provided solely by ,amtrak to another entity2 7,c7 in subsection 7f71 by striking under this chapter for commuter rail passenger transportation1 as defined in section #bdjab7d7 of this title4 and inserting under this chapter for commuter rail passenger transportation 7as defined in section #bdajb7c7742 and 7,d7 by adding at the end the following3 7g7 ,special transportation circumstances ,in carrying out this chapter1 the ,secretary shall allocate an appropriate portion of the amounts available under this chapter to provide grants to ,states-- 7#a7 in which there is no intercity passenger rail service1 for the purpose of funding freight rail capital projects that are on a ,state rail plan developed under chapter #bbg that provide public benefits 7as defined in chapter #bbg71 as determined by the ,secretary2 or 7#b7 in which the rail transportation system is not physically connected to rail systems in the continental ,united ,states or may not otherwise qualify for a grant under this section due to the unique characteristics of the geography of that ,state or other relevant considerations1 for the purpose of funding transportation-related capital projects4 4 #cjb4 ,federal-,state partnership for state of good repair 7a7 ,amendment ,chapter #bdd is amended by inserting after section #bddjf1 as added by section #cja of this ,act1 the following3 #bddjg4 ,federal-,state partnership for state of good repair 7a7 ,definitions ,in this section3 7#a7 ,applicant ,the term applicant means-- 7,a7 a ,state 7including the ,district of ,columbia72 7,b7 a group of ,states2 7,c7 an ,interstate ,compact2 7,d7 a public agency or publicly chartered authority established by #a or more ,states that has responsibility for providing intercity rail passenger transportation or commuter rail passenger transportation2 7,e7 a political subdivision of a ,state2 7,f7 ,amtrak1 acting on its own behalf or under a cooperative agreement with #a or more ,states2 or 7,g7 any combination of the entities described in subparagraphs 7,a7 through 7,f74 7#b7 ,capital project ,the term capital project means-- 7,a7 a project primarily intended to replace1 rehabilitate1 or repair major infrastructure assets utilized for providing intercity passenger rail service1 including tunnels1 bridges1 stations1 and other assets1 as determined by the ,secretary2 or 7,b7 a project primarily intended to improve intercity passenger rail performance1 including reduced trip times1 increased train frequencies1 higher operating speeds1 and other improvements1 as determined by the ,secretary4 7#c7 ,northeast ,corridor ,the term ,northeast ,corridor means-- 7,a7 the main rail line between ,boston1 ,massachusetts and the ,virginia ,avenue interlocking in the ,district of ,columbia2 and 7,b7 the branch rail lines connecting to ,harrisburg1 ,pennsylvania1 ,springfield1 ,massachusetts1 and ,spuyten ,duyvil1 ,new ,york4 7#d7 ,qualified railroad asset ,the term qualified railroad asset means infrastructure1 equipment1 or a facility that-- 7,a7 is owned or controlled by an eligible applicant2 and 7,b7 was not in a state of good repair on the date of enactment of the ,railroad ,reform1 ,enhancement1 and ,efficiency ,act4 7b7 ,grant program authorized ,the ,secretary of ,transportation shall develop and implement a program for issuing grants to applicants1 on a competitive basis1 to fund capital projects that reduce the state of good repair backlog on qualified railroad assets4 7c7 ,eligible projects ,projects eligible for grants under this section include capital projects to replace or rehabilitate qualified railroad assets1 including-- 7#a7 capital projects to replace existing assets in-kind2 7#b7 capital projects to replace existing assets with assets that increase capacity or provide a higher level of service2 and 7#c7 capital projects to ensure that service can be maintained while existing assets are brought to a state of good repair4 7d7 ,project selection criteria ,in selecting an applicant for a grant under this section1 the ,secretary shall-- 7#a7 give preference to eligible projects-- 7,a7 that are consistent with the goals1 objectives1 and policies defined in any regional rail planning document that is applicable to a project proposal2 and 7,b7 for which the proposed ,federal share of total project costs does not exceed #ej percent2 and 7#b7 take into account-- 7,a7 the cost-benefit analysis of the proposed project1 including anticipated private and public benefits relative to the costs of the proposed project1 including-- 7i7 effects on system and service performance2 7ii7 effects on safety1 competitiveness1 reliability1 trip or transit time1 and resilience2 7iii7 efficiencies from improved integration with other modes2 and 7iv7 ability to meet existing or anticipated demand2 7,b7 the degree to which the proposed project's business plan considers potential private sector participation in the financing1 construction1 or operation of the proposed project2 7,c7 the applicant's past performance in developing and delivering similar projects1 and previous financial contributions2 7,d7 whether the applicant has1 or will have-- 7i7 the legal1 financial1 and technical capacity to carry out the project2 7ii7 satisfactory continuing control over the use of the equipment or facilities2 and 7iii7 the capability and willingness to maintain the equipment or facilities2 7,e7 if applicable1 the consistency of the project with planning guidance and documents set forth by the ,secretary or required by law2 and 7,f7 any other relevant factors1 as determined by the ,secretary4 7e7 ,planning requirements ,a project is not eligible for a grant under this section unless the project is specifically identified-- 7#a7 on a ,state rail plan prepared in accordance with chapter #bbg2 or 7#b7 if the project is located on the ,northeast ,corridor1 on the ,northeast ,corridor ,capital ,investment ,plan developed pursuant to section #bdijd7;a74 7f7 ,northeast corridor projects 7#a7 ,compliance with usage agreements ,grant funds may not be provided under this section to an eligible recipient for an eligible project located on the ,northeast ,corridor unless ,amtrak and the public authorities providing commuter rail passenger transportation on the ,northeast ,corridor are in compliance with section #bdije7;c77#b74 7#b7 ,capital investment plan ,when selecting projects located on the ,northeast ,corridor1 the ,secretary shall consider the appropriate sequence and phasing of projects as contained in the ,northeast ,corridor ,capital ,investment ,plan developed pursuant to section #bdijd7;a74 7g7 ,federal share of total project costs 7#a7 ,total project cost ,the ,secretary shall estimate the total cost of a project under this section based on the best available information1 including engineering studies1 studies of economic feasibility1 environmental analyses1 and information on the expected use of equipment or facilities4 7#b7 ,federal share ,the ,federal share of total costs for a project under this subsection shall not exceed #hj percent4 7#c7 ,treatment of ,amtrak revenue ,if ,amtrak or another rail passenger carrier is an applicant under this section1 ,amtrak or the other rail passenger carrier1 as applicable1 may use ticket and other revenues generated from its operations and other sources to satisfy the non-,federal share requirements4 7h7 ,letters of intent 7#a7 ,in general ,the ,secretary may issue a letter of intent to a grantee under this section that-- 7,a7 announces an intention to obligate1 for a major capital project under this section1 an amount from future available budget authority specified in law that is not more than the amount stipulated as the financial participation of the ,secretary in the project2 and 7,b7 states that the contingent commitment-- 7i7 is not an obligation of the ,federal ,government2 and 7ii7 is subject to the availability of appropriations under ,federal law and to ,federal laws in force or enacted after the date of the contingent commitment4 7#b7 ,congressional notification 7,a7 ,in general ,not later than #cj days before issuing a letter under paragraph 7#a71 the ,secretary shall submit written notification to-- 7i7 the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate2 7ii7 the ,committee on ,appropriations of the ,senate2 7iii7 the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives2 and 7iv7 the ,committee on ,appropriations of the ,house of ,representatives4 7,b7 ,contents ,the notification submitted pursuant to subparagraph 7,a7 shall include-- 7i7 a copy of the proposed letter or agreement2 7ii7 the criteria used under subsection 7d7 for selecting the project for a grant award2 and 7iii7 a description of how the project meets such criteria4 7#c7 ,appropriations required ,an obligation or administrative commitment may be made under this section only when amounts are appropriated for such purpose4 7i7 ,availability ,amounts appropriated for carrying out this section shall remain available until expended4 7j7 ,grant conditions ,except as specifically provided in this section1 the use of any amounts appropriated for grants under this section shall be subject to the requirements under this chapter4 4 7b7 ,conforming amendment ,the table of contents for chapter #bdd is amended by inserting after the item relating to section #bddjf the following3 #bddjg4 ,federal-,state partnership for state of good repair4 4 #cjc4 ,large capital project requirements ,section #bddjb is amended by adding at the end the following3 7m7 ,large capital project requirements 7#a7 ,in general ,for a grant awarded under this chapter for an amount in excess of #a1jjj1jjj1jjj1 the following conditions shall apply3 7,a7 ,the ,secretary of ,transportation may not obligate any funding unless the applicant demonstrates1 to the satisfaction of the ,secretary1 that the applicant has committed1 and will be able to fulfill1 the non-,federal share required for the grant within the applicant's proposed project completion timetable4 7,b7 ,the ,secretary may not obligate any funding for work activities that occur after the completion of final design unless-- 7i7 the applicant submits a financial plan to the ,secretary that generally identifies the sources of the non-,federal funding required for any subsequent segments or phases of the corridor service development program covering the project for which the grant is awarded2 7ii7 the grant will result in a useable segment1 a transportation facility1 or equipment1 that has operational independence or is financially sustainable2 and 7iii7 the intercity passenger rail benefits anticipated to result from the grant1 such as increased speed1 improved on-time performance1 reduced trip time1 increased frequencies1 new service1 safety improvements1 improved accessibility1 or other significant enhancements1 are detailed by the grantee and approved by the ,secretary4 7,c7 7i7 ,the ,secretary shall ensure that the project is maintained to the level of utility that is necessary to support the benefits approved under subparagraph 7,b77iii7 for a period of #bj years from the date on which the useable segment1 transportation facility1 or equipment described in subparagraph 7,b77ii7 is placed in service4 7ii7 ,if the project property is not maintained as required under clause 7i7 for a #ab-month period1 the grant recipient shall refund a pro-rata share of the ,federal contribution1 based upon the percentage remaining of the #bj-year period that commenced when the project property was placed in service4 7#b7 ,early work ,the ,secretary may allow a grantee subject to this subsection to engage in at-risk work activities subsequent to the conclusion of final design if the ,secretary determines that such work activities are reasonable and necessary4 4 #cjd4 ,small business participation study 7a7 ,study ,the ,secretary shall conduct a nationwide disparity and availability study on the availability and use of small business concerns owned and controlled by socially and economically disadvantaged individuals and veteran-owned small businesses in publicly funded intercity passenger rail service projects4 7b7 ,report ,not later than #d years after the date of enactment of this ,act1 the ,secretary shall submit a report containing the results of the study conducted under subsection 7a7 to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives4 7c7 ,definitions ,in this section3 7#a7 ,small business concern ,the term small business concern has the meaning given such term in section #c of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcb71 except that the term does not include any concern or group of concerns controlled by the same socially and economically disadvantaged individual or individuals that have average annual gross receipts during the preceding #c fiscal years in excess of #bb1daj1jjj1 as adjusted annually by the ,secretary for inflation4 7#b7 ,socially and economically disadvantaged individual ,the term socially and economically disadvantaged individual has the meaning given such term in section #h7;d7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcg7;d77 and relevant subcontracting regulations issued pursuant to such ,act1 except that women shall be presumed to be socially and economically disadvantaged individuals for purposes of this section4 7#c7 ,veteran-owned small business ,the term veteran-owned small business has the meaning given the term small business concern owned and controlled by veterans in section #c7q77#c7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcb7q77#c771 except that the term does not include any concern or group of concerns controlled by the same veterans that have average annual gross receipts during the preceding #c fiscal years in excess of #bb1daj1jjj1 as adjusted annually by the ,secretary for inflation4 #cje4 ,gulf coast rail service working group 7a7 ,in general ,not later than #ij days after the date of enactment of this ,act1 the ,secretary shall convene a working group to evaluate the restoration of intercity rail passenger service in the ,gulf ,coast region between ,new ,orleans1 ,louisiana1 and ,orlando1 ,florida4 7b7 ,membership ,the working group convened pursuant to subsection 7a7 shall consist of representatives of-- 7#a7 the ,federal ,railroad ,administration1 which shall serve as chair of the working group2 7#b7 ,amtrak2 7#c7 the ,states along the proposed route or routes2 7#d7 regional transportation planning organizations and metropolitan planning organizations1 municipalities1 and communities along the proposed route or routes1 which shall be selected by the ,administrator2 7#e7 the ,southern ,rail ,commission2 7#f7 freight railroad carriers whose tracks may be used for such service2 and 7#g7 other entities determined appropriate by the ,secretary1 which may include independent passenger rail operators that express an interest in ,gulf ,coast service4 7c7 ,responsibilities ,the working group shall-- 7#a7 evaluate all options for restoring intercity rail passenger service in the ,gulf ,coast region1 including options outlined in the report transmitted to ,congress pursuant to section #bbf of the ,passenger ,rail ,investment and ,improvement ,act of #bjjh 7division ,b of ,public ,law #aaj-dcb72 7#b7 select a preferred option for restoring such service2 7#c7 develop a prioritized inventory of capital projects and other actions required to restore such service and cost estimates for such projects or actions2 and 7#d7 identify ,federal and non-,federal funding sources required to restore such service1 including options for entering into public-private partnerships to restore such service4 7d7 ,report ,not later than #i months after the date of enactment of this ,act1 the working group shall submit a report to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives that includes-- 7#a7 the preferred option selected under subsection 7c77#b7 and the reasons for selecting such option2 7#b7 the information described in subsection 7c77#c72 7#c7 the funding sources identified under subsection 7c77#d72 7#d7 the costs and benefits of restoring intercity rail passenger transportation in the region2 and 7#e7 any other information the working group determines appropriate4 #cjf4 ,integrated passenger rail working group 7a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary shall convene a working group to review issues relating to-- 7#a7 the potential operation of ,state-supported routes by rail passenger carriers other than ,amtrak2 and 7#b7 their role in establishing an integrated intercity passenger rail network in the ,united ,states4 7b7 ,membership ,the working group shall consist of a balanced representation of-- 7#a7 the ,federal ,railroad ,administration1 who shall chair the ,working ,group2 7#b7 ,states that fund ,state-sponsored routes2 7#c7 independent passenger rail operators1 including those that carry at least #e1jjj1jjj passengers annually in ,united ,states or international rail service2 7#d7 ,amtrak2 7#e7 railroads that host intercity ,state-supported routes2 7#f7 employee representatives from railroad unions and building trade unions with substantial engagement in railroad rights of way construction and maintenance2 and 7#g7 other entities determined appropriate by the ,secretary4 7c7 ,responsibilities ,the working group shall evaluate options for improving ,state-supported routes and may make recommendations1 as appropriate1 regarding-- 7#a7 best practices for ,state or ,state authority governance of ,state-supported routes2 7#b7 future sources of ,federal and non-,federal funding sources for ,state-supported routes2 7#c7 best practices in obtaining passenger rail operations and services on a competitive basis with the objective of creating the highest quality service at the lowest cost to the taxpayer2 7#d7 ensuring potential interoperability of ,state-supported routes as a part of a national network with multiple providers providing integrated services including ticketing1 scheduling1 and route planning2 and 7#e7 the interface between ,state-supported routes and connecting commuter rail operations1 including maximized intra-modal and intermodal connections and common sources of funding for capital projects4 7d7 ,meetings ,not later than #fj days after the establishment of the working group by the ,secretary under subsection 7a71 the working group shall convene an organizational meeting outside of the ,district of ,columbia and shall define the rules and procedures governing the proceedings of the working group4 ,the working group shall hold at least #c meetings per year in ,states that fund ,state-supported routes4 7e7 ,reports 7#a7 ,preliminary report ,not later than #a year after the date the working group is established1 the working group shall submit a preliminary report to the ,secretary1 the ,governors of ,states funding ,state-supported routes1 the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate1 and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives that includes-- 7,a7 administrative recommendations that can be implemented by a ,state and ,state authority or by the ,secretary2 and 7,b7 preliminary legislative recommendations4 7#b7 ,final legislative recommendations ,not later than #b years after the date the working group is established1 the working group shall submit a report to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives that includes final legislative recommendations4 #cjg4 ,shared-use study 7a7 ,in general ,not later than #c years after the date of enactment of this ,act1 the ,secretary1 in consultation with ,amtrak1 commuter rail authorities1 and other passenger rail operators1 railroad carriers that own rail infrastructure over which both passenger and freight trains operate1 ,states1 the ,surface ,transportation ,board1 the ,northeast ,corridor ,commission established under section #bdije1 the ,state-,supported ,route ,committee established under section #bdgab1 and groups representing rail passengers and customers1 as appropriate1 shall complete a study that evaluates-- 7#a7 the shared use of right-of-way by passenger and freight rail systems2 and 7#b7 the operational1 institutional1 and legal structures that would best support improvements to the systems referred to in paragraph 7#a74 7b7 ,areas of study ,in conducting the study under subsection 7a71 the ,secretary shall evaluate-- 7#a7 the access and use of railroad right-of-way by a rail carrier that does not own the right-of-way1 such as passenger rail services that operate over privately-owned right-of-way1 including an analysis of-- 7,a7 access agreements2 7,b7 costs of access2 and 7,c7 the resolution of disputes relating to such access or costs2 7#b7 the effectiveness of existing contractual1 statutory1 and regulatory mechanisms for establishing1 measuring1 and enforcing train performance standards1 including-- 7,a7 the manner in which passenger train delays are recorded2 7,b7 the assignment of responsibility for such delays2 and 7,c7 the use of incentives and penalties for performance2 7#c7 strengths and weaknesses in the existing mechanisms described in paragraph 7#b7 and possible approaches to address the weaknesses2 7#d7 mechanisms for measuring and maintaining public benefits resulting from publicly funded freight or passenger rail improvements1 including improvements directed towards shared-use right-of-way by passenger and freight rail2 7#e7 approaches to operations1 capacity1 and cost estimation modeling that-- 7,a7 allows for transparent decisionmaking2 and 7,b7 protects the proprietary interests of all parties2 7#f7 liability requirements and arrangements1 including-- 7,a7 whether to expand statutory liability limits to additional parties2 7,b7 whether to revise the current statutory liability limits2 7,c7 whether current insurance levels of passenger rail operators are adequate and whether to establish minimum insurance requirements for such passenger rail operators2 and 7,d7 whether to establish a liability regime modeled after section #agj of the ,atomic ,energy ,act of #aied 7#db ,u4,s4,c4 #bbaj72 7#g7 the effect on rail passenger services1 operations1 liability limits and insurance levels of the assertion of sovereign immunity by a ,state2 and 7#h7 other issues identified by the ,secretary4 7c7 ,report ,not later than #fj days after the study under subsection 7a7 is complete1 the ,secretary shall submit to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives a report that includes-- 7#a7 the results of the study2 and 7#b7 any recommendations for further action1 including any legislative proposals consistent with such recommendations4 7d7 ,implementation ,the ,secretary shall integrate the recommendations submitted under subsection 7c7 into its financial assistance programs under subtitle ,v of title #di1 ,united ,states ,code1 and section #ejb of the ,railroad ,revitalization and ,regulatory ,reform ,act of #aigf 7#de ,u4,s4,c4 #hbb71 as appropriate4 #cjh4 ,northeast ,corridor ,commission 7a7 ,composition ,section #bdije7;a7 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 in the matter preceding subparagraph 7,a71 by inserting 1 infrastructure investments1 after rail operations2 7,b7 by amending subparagraph 7,b7 to read as follows3 7,b7 members representing the ,department of ,transportation1 including the ,office of the ,secretary1 the ,federal ,railroad ,administration1 and the ,federal ,transit ,administration2 2 and 7,c7 in subparagraph 7,d7 by inserting and commuter after freight2 and 7#b7 by amending paragraph 7#f7 to read as follows3 7#f7 ,the members of the ,commission shall elect co-chairs consisting of #a member described in paragraph 7#a77;,b7 and #a member described in paragraph 7#a77;,c74 4 7b7 ,statement of goals and recommendations ,section #bdije7;b7 is amended-- 7#a7 in paragraph 7#a71 by inserting and periodically update after develop2 7#b7 in paragraph 7#b77;,a71 by striking beyond those specified in the state of good repair plan under section #baa of the ,passenger ,rail ,investment and ,improvement ,act of #bjjh2 and 7#c7 by adding at the end the following3 7#c7 ,submission of statement of goals1 recommendations1 and performance reports ,the ,commission shall submit to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives-- 7,a7 any updates made to the statement of goals developed under paragraph 7#a7 not later than #fj days after such updates are made2 and 7,b7 annual performance reports and recommendations for improvements1 as appropriate1 issued not later than ,march #ca of each year1 for the prior fiscal year1 which summarize-- 7i7 the operations and performance of commuter1 intercity1 and freight rail transportation along the ,northeast ,corridor2 and 7ii7 the delivery of the capital plan described in section #bdijd4 4 7c7 ,cost allocation policy ,section #bdije7;c7 is amended-- 7#a7 in the subsection heading1 by striking ,access costs and inserting ,allocation of costs2 7#b7 in paragraph 7#a7-- 7,a7 in the paragraph heading1 by striking formula and inserting policy2 7,b7 in the matter preceding subparagraph 7,a71 by striking ,within #b years after the date of enactment of the ,passenger ,rail ,investment and ,improvement ,act of #bjjh1 the ,commission and inserting ,the ,commission2 7,c7 in subparagraph 7,a71 by striking formula and inserting policy2 and 7,d7 by striking subparagraph 7,b7 through 7,d7 and inserting the following3 7,b7 develop a proposed timetable for implementing the policy2 7,c7 submit the policy and timetable developed under subparagraph 7,b7 to the ,surface ,transportation ,board1 the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate1 and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives2 7,d7 not later than ,october #a1 #bjae1 adopt and implement the policy in accordance with the timetable2 and 7,e7 with the consent of a majority of its members1 the ,commission may petition the ,surface ,transportation ,board to appoint a mediator to assist the ,commission members through nonbinding mediation to reach an agreement under this section4 2 7#c7 in paragraph 7#b7-- 7,a7 by striking formula proposed in and inserting policy developed under2 and 7,b7 in the second sentence-- 7i7 by striking the timetable1 the ,commission shall petition the ,surface ,transportation ,board to and inserting paragraph 7#a77;,d7 or fail to comply with the policy thereafter1 the ,surface ,transportation ,board shall2 and 7ii7 by striking amounts for such services in accordance with section #bdijd7;c7 of this title and inserting for such usage in accordance with the procedures and procedural schedule applicable to a proceeding under section #bdijc7;c71 after taking into consideration the policy developed under paragraph 7#a77;,a71 as applicable2 7#d7 in paragraph 7#c71 by striking formula and inserting policy2 and 7#e7 by adding at the end the following3 7#d7 ,request for dispute resolution ,if a dispute arises with the implementation of1 or compliance with1 the policy developed under paragraph 7#a71 the ,commission1 ,amtrak1 or public authorities providing commuter rail passenger transportation on the ,northeast ,corridor may request that the ,surface ,transportation ,board conduct dispute resolution4 ,the ,surface ,transportation ,board shall establish procedures for resolution of disputes brought before it under this paragraph1 which may include the provision of professional mediation services4 4 7d7 ,conforming amendments ,section #bdije is amended-- 7#a7 by striking subsection 7d72 7#b7 by redesignating subsections 7e7 and 7f7 as subsections 7d7 and 7e71 respectively2 7#c7 in subsection 7d71 as redesignated1 by striking to the ,commission such sums as may be necessary for the period encompassing fiscal years #bjji through #bjac to carry out this section and inserting to the ,secretary for the use of the ,commission and the ,northeast ,corridor ,safety ,committee such sums as may be necessary to carry out this section during fiscal year #bjaf through #bjai1 in addition to amounts withheld under section #aja7;e7 of the ,railroad ,reform1 ,enhancement1 and ,efficiency ,act2 and 7#d7 in subsection 7e77#b71 as redesignated1 by striking on the main line4 and inserting on the main line and meet annually with the ,commission on the topic of ,northeast ,corridor safety and security44 7e7 ,northeast ,corridor planning 7#a7 ,amendment ,chapter #bdi is amended-- 7,a7 by redesignating section #bdijd as section #bdijc2 and 7,b7 by inserting after section #bdijc1 as redesignated1 the following3 #bdijd4 ,northeast ,corridor planning 7a7 ,northeast ,corridor ,capital ,investment ,plan 7#a7 ,requirement ,not later than ,may #a of each year1 the ,northeast ,corridor ,commission established under section #bdije 7referred to in this section as the ,commission7 shall-- 7,a7 develop a capital investment plan for the ,northeast ,corridor main line between ,boston1 ,massachusetts1 and the ,virginia ,avenue interlocking in the ,district of ,columbia1 and the ,northeast ,corridor branch lines connecting to ,harrisburg1 ,pennsylvania1 ,springfield1 ,massachusetts1 and ,spuyten ,duyvil1 ,new ,york1 including the facilities and services used to operate and maintain those lines2 and 7,b7 submit the capital investment plan to the ,secretary of ,transportation and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives4 7#b7 ,contents ,the capital investment plan shall-- 7,a7 reflect coordination and network optimization across the entire ,northeast ,corridor2 7,b7 integrate the individual capital and service plans developed by each operator using the methods described in the cost allocation policy developed under section #bdije7;c72 7,c7 cover a period of #e fiscal years1 beginning with the first fiscal year after the date on which the plan is completed2 7,d7 notwithstanding section #bdijb7;b71 identify1 prioritize1 and phase the implementation of projects and programs to achieve the service outcomes identified in the ,northeast ,corridor service development plan and the asset condition needs identified in the ,northeast ,corridor asset management plans1 once available1 and consider-- 7i7 the benefits and costs of capital investments in the plan2 7ii7 project and program readiness2 7iii7 the operational impacts2 and 7iv7 funding availability2 7,e7 categorize capital projects and programs as primarily associated with2 7i7 normalized capital replacement and basic infrastructure renewals2 7ii7 replacement or rehabilitation of major ,northeast ,corridor infrastructure assets1 including tunnels1 bridges1 stations1 and other assets2 7iii7 statutory1 regulatory1 or other legal mandates2 7iv7 improvements to support service enhancements or growth2 or 7v7 strategic initiatives that will improve overall operational performance or lower costs2 7,f7 identify capital projects and programs that are associated with more than #a category described in subparagraph 7,e72 7,g7 describe the anticipated outcomes of each project or program1 including an assessment of-- 7i7 the potential effect on passenger accessibility1 operations1 safety1 reliability1 and resiliency2 7ii7 the ability of infrastructure owners and operators to meet regulatory requirements if the project or program is not funded2 and 7iii7 the benefits and costs2 and 7,h7 include a financial plan4 7#c7 ,financial plan ,the financial plan under paragraph 7#b77;,h7 shall-- 7,a7 identify funding sources and financing methods2 7,b7 identify the expected allocated shares of costs pursuant to_/using the cost allocation policy developed under section #bdije7;c72 7,c7 identify the projects and programs that the ,commission expects will receive ,federal financial assistance2 and 7,d7 identify the eligible entity or entities that the ,commission expects will receive the ,federal financial assistance described under subparagraph 7,c74 7b7 ,failure ,to ,develop a ,capital ,investment ,plan ,if a capital investment plan has not been developed by the ,commission for a given fiscal year1 then the funds assigned to the account established under section #bdcai7;b7 for that fiscal year may be spent only on-- 7#a7 capital projects described in clause 7i7 or 7iii7 of subsection 7a77#b77;,e7 of this section2 or 7#b7 capital projects described in subsection 7a77#b77;,e77iv7 of this section that are for the sole benefit of ,amtrak4 7c7 ,northeast ,corridor ,asset ,management 7#a7 ,contents ,with regard to its infrastructure1 ,amtrak and each ,state and public transportation entity that owns infrastructure that supports or provides for intercity rail passenger transportation on the ,northeast ,corridor shall develop an asset management system and develop and update1 as necessary1 a ,northeast ,corridor asset management plan for each service territory described in subsection 7a7 that-- 7,a7 are consistent with the ,federal ,transit ,administration process1 as authorized under section #ecbf1 when implemented2 and 7,b7 include1 at a minimum-- 7i7 an inventory of all capital assets owned by the developer of the asset management plan2 7ii7 an assessment of asset condition2 7iii7 a description of the resources and processes necessary to bring or maintain those assets in a state of good repair1 including decision-support tools and investment prioritization methods2 and 7iv7 a description of changes in asset condition since the previous version of the plan4 7#b7 ,transmittal ,each entity described in paragraph 7#a7 shall transmit to the ,commission-- 7,a7 not later than #b years after the date of enactment of the ,railroad ,reform1 ,enhancement1 and ,efficiency ,act1 its ,northeast ,corridor asset management plan developed under paragraph 7#a72 and 7,b7 at least biennial thereafter1 an update to its ,northeast ,corridor asset management plan4 7d7 ,northeast ,corridor service development plan updates ,not less frequently than once every #aj years1 the ,commission shall update the ,northeast ,corridor service development plan4 4 7#b7 ,conforming amendments 7,a7 ,note and mortgage ,section #bdijg7;a7 is amended by striking section #bdijd of this title and inserting section #bdijc4 7,b7 ,table of contents amendment ,the table of contents for chapter #bdi is amended-- 7i7 by redesignating the item relating to section #bdijd as relating to section #bdijc2 and 7ii7 by inserting after the item relating to section #bdijc1 as redesignated1 the following3 #bdijd4 ,northeast ,corridor planning4 4 7#c7 ,repeal ,section #baa of the ,passenger ,rail ,investment and ,improvement ,act of #bjjh 7division ,b of ,public ,law #aaj-dcb2 #di ,u4,s4,c4 #bdijb note7 is repealed4 #cji4 ,northeast ,corridor through-ticketing and procurement efficiencies 7a7 ,through-,ticketing ,study 7#a7 ,in general ,not later than #c years after the date of enactment of this ,act1 the ,northeast ,corridor ,commission established under section #bdije7;a7 of title #di1 ,united ,states ,code 7referred to in this section as the ,commission71 in consultation with ,amtrak and the commuter rail passenger transportation providers along the ,northeast ,corridor shall complete a study on the feasibility of and options for permitting through-ticketing between ,amtrak service and commuter rail services on the ,northeast ,corridor4 7#b7 ,contents ,in completing the study under paragraph 7#a71 the ,northeast ,corridor ,commission shall-- 7,a7 examine the current state of intercity and commuter rail ticketing technologies1 policies1 and other relevant aspects on the ,northeast ,corridor2 7,b7 consider and recommend technology1 process1 policy1 or other options that would permit through-ticketing to allow intercity and commuter rail passengers to purchase1 in a single transaction1 travel that utilizes ,amtrak and connecting commuter rail services2 7,c7 consider options to expand through-ticketing to include local transit services2 7,d7 summarize costs1 benefits1 opportunities1 and impediments to developing such through-ticketing options2 and 7,e7 develop a proposed methodology1 including cost and schedule estimates1 for carrying out a pilot program on through-ticketing on the ,northeast ,corridor4 7#c7 ,report ,not later than #fj days after the date the study under paragraph 7#a7 is complete1 the ,commission shall submit to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives a report that includes-- 7,a7 the results of the study2 and 7,b7 any recommendations for further action4 7b7 ,joint procurement study 7#a7 ,in general ,not later than #c years after the date of enactment of this ,act1 the ,secretary1 in cooperation with the ,commission1 ,amtrak1 and commuter rail transportation authorities on the ,northeast ,corridor shall complete a study of the potential benefits resulting from ,amtrak and such authorities undertaking select joint procurements for common materials1 assets1 and equipment when expending ,federal funds for such purchases4 7#b7 ,contents ,in completing the study under paragraph 7#a71 the ,secretary shall consider-- 7,a7 the types of materials1 assets1 and equipment that are regularly purchased by ,amtrak and such authorities that are similar and could be jointly procured2 7,b7 the potential benefits of such joint procurements1 including lower procurement costs1 better pricing1 greater market relevancy1 and other efficiencies2 7,c7 the potential costs of such joint procurements2 7,d7 any significant impediments to undertaking joint procurements1 including any necessary harmonization and reconciliation of ,federal and ,state procurement or safety regulations or standards and other requirements2 and 7,e7 whether to create ,federal incentives or requirements relating to considering or carrying out joint procurements when expending ,federal funds4 7#c7 ,transmission ,not later than #fj days after completing the study required under this subsection1 the ,secretary shall submit to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives a report that includes-- 7,a7 the results of the study2 and 7,b7 any recommendations for further action4 7c7 ,northeast ,corridor ,in this section1 the term ,northeast ,corridor means the ,northeast ,corridor main line between ,boston1 ,massachusetts1 and the ,virginia ,avenue interlocking in the ,district of ,columbia1 and the ,northeast ,corridor branch lines connecting to ,harrisburg1 ,pennsylvania1 ,springfield1 ,massachusetts1 and ,spuyten ,duyvil1 ,new ,york1 including the facilities and services used to operate and maintain those lines4 #caj4 ,data and analysis 7a7 ,data ,not later than #c years after the date of enactment of this ,act1 the ,secretary1 in consultation with the ,surface ,transportation ,board1 ,amtrak1 freight railroads1 ,state and local governments1 and regional business1 tourism and economic development agencies shall conduct a data needs assessment-- 7#a7 to support the development of an efficient and effective intercity passenger rail network2 7#b7 to identify the data needed to conduct cost-effective modeling and analysis for intercity passenger rail development programs2 7#c7 to determine limitations to the data used for inputs2 7#d7 to develop a strategy to address such limitations2 7#e7 to identify barriers to accessing existing data2 7#f7 to develop recommendations regarding whether the authorization of additional data collection for intercity passenger rail travel is warranted2 and 7#g7 to determine which entities will be responsible for generating or collecting needed data4 7b7 ,benefit-,cost ,analysis ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary shall enhance the usefulness of assessments of benefits and costs1 for intercity passenger rail and freight rail projects-- 7#a7 by providing ongoing guidance and training on developing benefit and cost information for rail projects2 7#b7 by providing more direct and consistent requirements for assessing benefits and costs across transportation funding programs1 including the appropriate use of discount rates2 7#c7 by requiring applicants to clearly communicate the methodology used to calculate the project benefits and costs1 including non-proprietary information on-- 7,a7 assumptions underlying calculations2 7,b7 strengths and limitations of data used2 and 7,c7 the level of uncertainty in estimates of project benefits and costs2 and 7#d7 by ensuring that applicants receive clear and consistent guidance on values to apply for key assumptions used to estimate potential project benefits and costs4 7c7 ,confidential data ,the ,secretary shall protect sensitive or confidential to the greatest extent permitted by law4 ,nothing in this section shall require any entity to provide information to the ,secretary in the absence of a voluntary agreement4 #caa4 ,disaster relief 7a7 ,major disaster assistance programs ,section #djf7;a7 of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eagb7;a77 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 in subparagraph 7,a71 by striking and at the end2 7,b7 in subparagraph 7,b71 by striking the period at the end and inserting 2 and2 and 7,c7 by adding at the end the following3 7,c7 to entities that receive ,federal ,government grants to provide critical services for the repair1 restoration1 reconstruction1 or replacement of infrastructure1 facilities1 and equipment that-- 7i7 are owned or operated for the purposes of providing critical services2 and 7ii7 are damaged or destroyed by a major disaster4 2 and 7#b7 in paragraph 7#c77;,b7-- 7,a7 by striking this paragraph and inserting this subsection2 and 7,b7 by inserting transportation1 after education14 7b7 ,debris removal ,section #djg7;a77#b7 of such ,act 7#db ,u4,s4,c4 #eagc7;a77#b77 is amended by inserting entity that receives ,federal ,government grants to provide critical services 7as defined in section #eagb7;a77#c77;,b77 after government4 #cab4 ,performance-based proposals 7a7 ,solicitation of proposals 7#a7 ,in general ,not later than #cj days after the date of enactment of this ,act1 the ,secretary shall issue a request for proposals for projects for the financing1 design1 construction1 operation1 and maintenance of an intercity passenger rail system1 including-- 7,a7 the ,northeast ,corridor2 7,b7 the ,california ,corridor2 7,c7 the ,empire ,corridor2 7,d7 the ,pacific ,northwest ,corridor2 7,e7 the ,south ,central ,corridor2 7,f7 the ,gulf ,coast ,corridor2 7,g7 the ,chicago ,hub ,network2 7,h7 the ,florida ,corridor2 7,i7 the ,keystone ,corridor2 7,j7 the ,northern ,new ,england ,corridor2 and 7,k7 the ,southeast ,corridor4 7#b7 ,submission ,proposals shall be submitted to the ,secretary not later than #ahj days after the publication of such request for proposals under paragraph 7#a74 7#c7 ,performance standard ,proposals submitted under paragraph 7#b7 shall meet any standards established by the ,secretary4 ,for corridors with existing intercity passenger rail service1 proposals shall also be designed to achieve a reduction of existing minimum intercity rail service trip times between the main corridor city pairs by a minimum of #be percent4 ,in the case of a proposal submitted with respect to paragraph 7#a77;,a71 the proposal shall be designed to achieve a #b-;hour or less express service between ,washington1 ,district of ,columbia1 and ,new ,york ,city1 ,new ,york4 7#d7 ,contents ,a proposal submitted under this subsection shall include-- 7,a7 the names and qualifications of the persons submitting the proposal and the entities proposed to finance1 design1 construct1 operate1 and maintain the railroad1 railroad equipment1 and related facilities1 stations1 and infrastructure2 7,b7 a detailed description of the proposed rail service1 including possible routes1 required infrastructure investments and improvements1 equipment needs and type1 train frequencies1 peak and average operating speeds1 and trip times2 7,c7 a description of how the project would comply with all applicable ,federal rail safety and security laws1 orders1 and regulations2 7,d7 the locations of proposed stations1 which maximize the usage of existing infrastructure to the extent possible1 and the populations such stations are intended to serve2 7,e7 the type of equipment to be used1 including any technologies1 to achieve trip time goals2 7,f7 a description of any proposed legislation needed to facilitate all aspects of the project2 7,g7 a financing plan identifying-- 7i7 projected revenue1 and sources thereof2 7ii7 the amount of any requested public contribution toward the project1 and proposed sources2 7iii7 projected annual ridership projections for the first #aj years of operations2 7iv7 annual operations and capital costs2 7v7 the projected levels of capital investments required both initially and in subsequent years to maintain a state-of-good-repair necessary to provide the initially proposed level of service or higher levels of service2 7vi7 projected levels of private investment and sources thereof1 including the identity of any person or entity that has made or is expected to make a commitment to provide or secure funding and the amount of such commitment2 and 7vii7 projected funding for the full fair market compensation for any asset1 property right or interest1 or service acquired from1 owned1 or held by a private person or ,federal entity that would be acquired1 impaired1 or diminished in value as a result of a project1 except as otherwise agreed to by the private person or entity2 7,h7 a description of how the project would contribute to the development of the intercity passenger rail system and an intermodal plan describing how the system will facilitate convenient travel connections with other transportation services2 7,i7 a description of how the project will ensure compliance with ,federal laws governing the rights and status of employees associated with the route and service1 including those specified in section #bddje of title #di1 ,united ,states ,code2 7,j7 a description of how the design1 construction1 implementation1 and operation of the project will accommodate and allow for future growth of existing and projected intercity1 commuter1 and freight rail service2 7,k7 a description of how the project would comply with ,federal and ,state environmental laws and regulations1 of what environmental impacts would result from the project1 and of how any adverse impacts would be mitigated2 and 7,l7 a description of the project's impacts on highway and aviation congestion1 energy consumption1 land use1 and economic development in the service area4 7b7 ,determination and establishment of commissions ,not later than #ij days after receipt of the proposals under subsection 7a71 the ,secretary shall-- 7#a7 make a determination as to whether any such proposals-- 7,a7 contain the information required under paragraphs 7#c7 and 7#d7 of subsection 7a72 7,b7 are sufficiently credible to warrant further consideration2 7,c7 are likely to result in a positive impact on the ,nation's transportation system2 and 7,d7 are cost-effective and in the public interest2 7#b7 establish a commission under subsection 7c7 for each corridor with #a or more proposals that the ,secretary determines satisfy the requirements of paragraph 7#a72 and 7#c7 forward to each commission established under paragraph 7#b7 the applicable proposals for review and consideration4 7c7 ,commissions 7#a7 ,members ,each commission established under subsection 7b77#b7 shall include-- 7,a7 the governors of the affected ,states1 or their respective designees2 7,b7 mayors of appropriate municipalities with stops along the proposed corridor1 or their respective designees2 7,c7 a representative from each freight railroad carrier using the relevant corridor1 if applicable2 7,d7 a representative from each transit authority using the relevant corridor1 if applicable2 7,e7 representatives of nonprofit employee labor organizations representing affected railroad employees2 and 7,f7 the ,president of ,amtrak or his or her designee4 7#b7 ,appointment and selection ,the ,secretary shall appoint the members under paragraph 7#a74 ,in selecting each commission's members to fulfill the requirements under subparagraphs 7,b7 and 7,e7 of paragraph 7#a71 the ,secretary shall consult with the ,chairperson and ,ranking ,member of the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and of the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives4 7#c7 ,chairperson and vice-chairperson selection ,the ,chairperson and ,vice-,chairperson shall be elected from among members of each commission4 7#d7 ,quorum and vacancy 7,a7 ,quorum ,a majority of the members of each commission shall constitute a quorum4 7,b7 ,vacancy ,any vacancy in each commission shall not affect its powers and shall be filled in the same manner in which the original appointment was made4 7#e7 ,application of law ,except where otherwise provided by this section1 the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app47 shall apply to each commission created under this section4 7d7 ,commission consideration 7#a7 ,in general ,each commission established under subsection 7b77#b7 shall be responsible for reviewing the proposal or proposals forwarded to it under that subsection and not later than #ij days after the establishment of the commission1 shall transmit to the ,secretary a report1 including-- 7,a7 a summary of each proposal received2 7,b7 services to be provided under each proposal1 including projected ridership1 revenues1 and costs2 7,c7 proposed public and private contributions for each proposal2 7,d7 the advantages offered by the proposal over existing intercity passenger rail services2 7,e7 public operating subsidies or assets needed for the proposed project2 7,f7 possible risks to the public associated with the proposal1 including risks associated with project financing1 implementation1 completion1 safety1 and security2 7,g7 a ranked list of the proposals recommended for further consideration under subsection 7e7 in accordance with each proposal's projected positive impact on the ,nation's transportation system2 7,h7 an identification of any proposed ,federal legislation that would facilitate implementation of the projects and ,federal legislation that would be required to implement the projects2 and 7,i7 any other recommendations by the commission concerning the proposed projects4 7#b7 ,verbal presentation ,proposers shall be given an opportunity to make a verbal presentation to the commission to explain their proposals4 7#c7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary for the use of each commission established under subsection 7b77#b7 such sums as are necessary to carry out this section4 7e7 ,selection by ,secretary 7#a7 ,in general ,not later than #fj days after receiving the recommended proposals of the commissions established under subsection 7b77#b71 the ,secretary shall-- 7,a7 review such proposals and select any proposal that provides substantial benefits to the public and the national transportation system1 is cost-effective1 offers significant advantages over existing services1 and meets other relevant factors determined appropriate by the ,secretary2 and 7,b7 submit to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives a report containing any proposal with respect to subsection 7a77#a77;,a7 that is selected by the ,secretary under subparagraph 7,a7 of this paragraph1 all the information regarding the proposal provided to the ,secretary under subsection 7d71 and any other information the ,secretary considers relevant4 7#b7 ,subsequent report ,following the submission of the report under paragraph 7#a77;,b71 the ,secretary shall submit to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives a report containing any proposal with respect to subparagraphs 7,b7 through 7,k7 of subsection 7a77#a7 that are selected by the ,secretary under paragraph 7#a7 of this subsection1 all the information regarding the proposal provided to the ,secretary under subsection 7d71 and any other information the ,secretary considers relevant4 7#c7 ,limitation on report submission ,the report required under paragraph 7#b7 shall not be submitted by the ,secretary until the report submitted under paragraph 7#a77;,b7 has been considered through a hearing by the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives on the report submitted under paragraph 7#a77;,b74 7f7 ,no actions without additional authority ,no ,federal agency may take any action to implement1 establish1 facilitate1 or otherwise act upon any proposal submitted under this section1 other than those actions specifically authorized by this section1 without explicit statutory authority enacted after the date of enactment of this ,act4 7g7 ,definitions ,in this section3 7#a7 ,intercity passenger rail ,the term intercity passenger rail means intercity rail passenger transportation as defined in section #bdajb of title #di1 ,united ,states ,code4 7#b7 ,state ,the term ,state means any of the #ej ,states or the ,district of ,columbia4 #cac4 ,amtrak ,inspector ,general 7a7 ,authority 7#a7 ,in general ,the ,inspector ,general of ,amtrak shall have the authority available to other ,inspectors ,general1 as necessary in carrying out the duties specified in the ,inspector ,general ,act of #aigh 7#e ,u4,s4,c4 ,app471 to investigate any alleged violation of sections #bhf1 #bhg1 #cga1 #fda1 #ajja1 #ajjb and #aeaf of title #ah1 ,united ,states ,code4 7#b7 ,agency ,for purposes of sections #bhf1 #bhg1 #cga1 #fda1 #ajja1 #ajjb1 and #aeaf of title #ah1 ,united ,states ,code1 ,amtrak and the ,amtrak ,office of ,inspector ,general1 shall be considered a corporation in which the ,united ,states has a proprietary interest as set forth in section #f of that title4 7b7 ,assessment ,the ,inspector ,general of ,amtrak shall-- 7#a7 not later than #fj days after the date of enactment of this ,act1 initiate an assessment to determine whether current expenditures or procurements involving ,amtrak's fulfillment of the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaja et seq47 utilize competitive1 market-driven provisions that are applicable throughout the entire term of such related expenditures or procurements2 and 7#b7 not later than #f months after the date of enactment of this ,act1 transmit to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives the assessment under paragraph 7#a74 7c7 ,limitation ,the authority provided by subsections 7a7 and 7b7 shall be effective only with respect to a fiscal year for which ,amtrak receives a ,federal subsidy4 #cad4 ,miscellaneous provisions 7a7 ,title #di amendments 7#a7 ,contingent interest recoveries ,section #bbajf7;b7 is amended by striking interest thereof and inserting interest thereon4 7#b7 ,authority ,section #bbgjb7;b77#d7 is amended by striking #e years for reapproval by the ,secretary and inserting #d years for acceptance by the ,secretary4 7#c7 ,contents of ,state rail plans ,section #bbgje7;a7 is amended by striking paragraph 7#ab74 7#d7 ,mission ,section #bdaja7;b7 is amended by striking of subsection 7d7 and inserting set forth in subsection 7c74 7#e7 ,table of contents amendment ,the table of contents for chapter #bdc is amended by striking the item relating to section #bdcaf and inserting the following3 #bdcaf4 ,plans to address the needs of families of passengers involved in rail passenger accidents4 4 7#f7 ,update ,section #bdcje7;f77#c7 is amended by striking #a1jjj1jjj and inserting #e1jjj1jjj4 7#g7 ,amtrak ,chapter #bdg is amended-- 7,a7 in section #bdgjb7;a71 by striking not included in the national rail passenger transportation system2 7,b7 in section #bdgjf-- 7i7 in subsection 7a7-- 7,i7 in paragraph 7#a71 by striking a discontinuance under section #bdgjd or or2 and 7,,ii7 in paragraph 7#b71 by striking section #bdgjd or2 and 7ii7 in subsection 7b71 by striking section #bdgjd or2 and 7,c7 in section #bdgji1 by striking ,the ,secretary of the ,treasury and the ,attorney ,general1 and inserting ,the ,secretary of ,homeland ,security14 7b7 ,passenger ,rail ,investment and ,improvement ,act amendments ,section #cje7;a7 of the ,passenger ,rail ,investment and ,improvement ,act of #bjjh 7#di ,u4,s4,c4 #bdaja note7 is amended by inserting nonprofit organizations representing employees who perform overhaul and maintenance of passenger railroad equipment1 after equipment manufacturers14 ,,iv ,rail safety ,a ,safety improvement #dja4 ,highway-rail grade crossing safety 7a7 ,model ,state ,highway-,rail ,grade ,crossing ,action ,plan 7#a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall develop a model of a ,state-specific highway-rail grade crossing action plan and distribute the model plan to each ,state4 7#b7 ,contents ,the plan developed under paragraph 7#a7 shall include-- 7,a7 methodologies1 tools1 and data sources for identifying and evaluating highway-rail grade crossing safety risks2 7,b7 best practices to reduce the risk of highway-rail grade crossing accidents or incidents1 including strategies for-- 7i7 education1 including model stakeholder engagement plans or tools2 7ii7 engineering1 including the benefits and costs of different designs and technologies used to mitigate highway-rail grade crossing safety risks2 and 7iii7 enforcement1 including the strengths and weaknesses associated with different enforcement methods2 7,c7 for each ,state1 a customized list and data set of the highway-rail grade crossing accidents or incidents in that ,state over the past #c years1 including the location1 number of deaths1 and number of injuries for each accident or incident2 and 7,d7 contact information of a ,department of ,transportation safety official available to assist the ,state in adapting the model plan to satisfy the requirements under subsection 7b74 7b7 ,state ,highway-,rail ,grade ,crossing ,action ,plans 7#a7 ,requirements ,not later than #ah months after the ,secretary develops and distributes the model plan under subsection 7a71 the ,secretary shall promulgate a rule that requires-- 7,a7 each ,state1 except the #aj ,states identified under section #bjb of the ,rail ,safety ,improvement ,act of #bjjh 7#di ,u4,s4,c4 #bbeja note71 to develop and implement a ,state highway-rail grade crossing action plan2 and 7,b7 each ,state that was identified under section #bjb of the ,rail ,safety ,improvement ,act of #bjjh 7#di ,u4,s4,c4 #bbeja note71 to update its ,state action plan under that section and submit to the ,secretary the updated ,state action plan and a report describing what the ,state did to implement its previous ,state action plan under that section and how it will continue to reduce highway-rail grade crossing safety risks4 7#b7 ,contents ,each ,state plan required under this subsection shall-- 7,a7 identify highway-rail grade crossings that have experienced recent highway-rail grade crossing accidents or incidents1 or are at high-risk for accidents or incidents2 7,b7 identify specific strategies for improving safety at highway-rail grade crossings1 including highway-rail grade crossing closures or grade separations2 and 7,c7 designate a ,state official responsible for managing implementation of the ,state plan under subparagraph 7,a7 or 7,b7 of paragraph 7#a71 as applicable4 7#c7 ,assistance ,the ,secretary shall provide assistance to each ,state in developing and carrying out1 as appropriate1 the ,state plan under this subsection4 7#d7 ,public availability ,each ,state shall submit its final ,state plan under this subsection to the ,secretary for publication4 ,the ,secretary shall make each approved ,state plan publicly available on an official ,internet ,web site4 7#e7 ,conditions ,the ,secretary may condition the awarding of a grant to a ,state under chapter #bdd of title #di1 ,united ,states ,code1 on that ,state submitting an acceptable ,state plan under this subsection4 7#f7 ,review of action plans ,not later than #fj days after the date of receipt of a ,state plan under this subsection1 the ,secretary shall-- 7,a7 if the ,state plan is approved1 notify the ,state and publish the ,state plan under paragraph 7#d72 and 7,b7 if the ,state plan is incomplete or deficient1 notify the ,state of the specific areas in which the plan is deficient and allow the ,state to complete the plan or correct the deficiencies and resubmit the plan under paragraph 7#a74 7#g7 ,deadline ,not later than #fj days after the date of a notice under paragraph 7#f77;,b71 a ,state shall complete the plan or correct the deficiencies and resubmit the plan4 7#h7 ,failure to complete or correct plan ,if a ,state fails to meet the deadline under paragraph 7#g71 the ,secretary shall post on the ,web site under paragraph 7#d7 a notice that the ,state has an incomplete or deficient highway-rail grade crossing action plan4 7c7 ,railway-,highway ,crossings ,funds ,the ,secretary may use funds made available to carry out section #acj of title #bc1 ,united ,states ,code1 to provide ,states with funds to develop a ,state highway-rail grade crossing action plan under subsection 7b77#a77;,a7 of this section or to update a ,state action plan under subsection 7b77#a77;,b7 of this section4 7d7 ,definitions ,in this section3 7#a7 ,highway-rail grade crossing ,the term highway-rail grade crossing means a location within a ,state1 other than a location where #a or more railroad tracks cross #a or more railroad tracks at grade where-- 7,a7 a public highway1 road1 or street1 or a private roadway1 including associated sidewalks and pathways1 crosses #a or more railroad tracks either at grade or grade-separated2 or 7,b7 a pathway explicitly authorized by a public authority or a railroad carrier that is dedicated for the use of non-vehicular traffic1 including pedestrians1 bicyclists1 and others1 that is not associated with a public highway1 road1 or street1 or a private roadway1 crosses #a or more railroad tracks either at grade or grade-separated4 7#b7 ,state ,the term ,state means a ,state of the ,united ,states or the ,district of ,columbia4 #djb4 ,confidential close call reporting system 7a7 ,in general ,not later than #c years after the date of enactment of this ,act1 the ,secretary shall promulgate a rule to encourage and facilitate the voluntary participation of railroad carriers1 railroad carrier contractors1 and employees of railroad carriers or railroad carrier contractors 7including any non-profit labor organizations representing a class or craft of directly affected employees of railroads carriers or railroad carrier contractors7 in a confidential close call reporting system4 7b7 ,program elements 7#a7 ,in general ,the ,secretary shall use any information and experience gathered through research and pilot programs on confidential close call reporting systems in developing a rule for the voluntary adoption of confidential close call reporting system programs under this section4 7#b7 ,rulemaking 7,a7 ,in general ,each confidential close call reporting system program shall be designed to improve railroad safety by facilitating greater collection and analysis of reports that describe unsafe conditions and events in the railroad industry1 as reported voluntarily and confidentially by employees4 7,b7 ,requirements ,the rule shall specify-- 7i7 the use of independent third parties for the collection of close call reports1 de-identification of data1 and distribution of close call data2 7ii7 the criteria for participating voluntarily in the confidential close call reporting system2 7iii7 the criteria for accepting confidential close call reports2 7iv7 the appropriate use and protection1 including the information protections described in subsection 7d71 of peer review teams and participation of the ,secretary's representatives2 7v7 the relief from specific railroad safety regulatory provisions and the conditions under which the relief will and will not be granted2 and 7vi7 the appropriate use and protection1 including the information protections described in subsection 7d71 of confidential data generated under voluntary participation in the confidential close call reporting system4 7c7 ,program development 7#a7 ,in general ,a railroad carrier voluntarily participating in a confidential close call reporting system program1 pursuant to program elements contained in the final rule promulgated under subsection 7b7 and in collaboration with the ,secretary1 railroad carrier contractors 7as appropriate71 and employees of railroad carriers or railroad carrier contractors 7including any non-profit labor organization representing a class or craft of directly affected employees of railroad carriers or railroad carrier contractors71 shall develop an implementing memorandum of understanding that establishes agreed-upon terms for participation in the confidential close call reporting system4 7#b7 ,signatures required ,an implementing memorandum of understanding under paragraph 7#a7 shall be signed by-- 7,a7 the ,secretary or the ,secretary's designee2 7,b7 the participating railroad carrier or the representative thereof2 7,c7 if appropriate1 each participating railroad carrier contractor or the representative thereof2 and 7,d7 the participating employees and contractors or the representative thereof 7such as #a or more non-profit labor organizations representing a class or craft of directly affected employees of the railroad carrier or railroad carrier contractor74 7d7 ,information protection 7#a7 ,in general ,for a confidential close call reporting system program established through an implementing memorandum of understanding described in subsection 7c71 the rule shall include provisions that withhold from discovery or admission into evidence 7in a ,federal or ,state court proceeding for damages involving personal injury1 wrongful death1 or property damage against a railroad carrier or railroad carrier contractor7 any plan1 document1 report1 survey1 schedule1 list1 or data compiled or collected for the sole purpose of developing1 evaluating1 planning1 or implementing a confidential close call reporting system program1 including a railroad carrier's analysis of its close calls or near misses4 7#b7 ,retroactive applications ,with regard to a voluntary confidential close call reporting system that was in effect prior to the date of final rule under subsection 7a71 the ,secretary-- 7,a7 shall allow the parties participating in that system to sign a new or revised implementing memorandum of understanding that prospectively entitles the parties to the information protections under paragraph 7#a72 and 7,b7 may retroactively apply the information protections under paragraph 7#a7 to any information and analyses that was generated under that system prior to the date of the final rule4 7#c7 ,confidentiality ,for a confidential close call reporting system program established through an implementing memorandum of understanding described in subsection 7c71 the ,secretary shall ensure that the ,department of ,transportation and any entity collecting close call reports1 de-identifying data1 or distributing close call data provide the same level of confidentiality as contained in the ,confidential ,information ,protection and ,statistical ,efficiency ,act of #bjjb 7#dd ,u4,s4,c4 #ceja note71 as administered by the ,bureau of ,transportation ,statistics4 7e7 ,savings clause ,nothing in this section shall-- 7#a7 require a railroad carrier to adopt a confidential close call reporting system program2 7#b7 prohibit a railroad carrier from voluntarily adopting a confidential close call reporting system program outside of the rulemaking framework2 and 7#c7 require the ,secretary to develop a confidential close call reporting system program with a railroad carrier1 a railroad carrier contractor1 employees of the railroad carrier or railroad carrier contractor1 or any non-profit labor organizations representing a class or craft of employees of a railroad carrier or a railroad carrier contractor4 7f7 ,definition of railroad carrier ,in this section1 the term railroad carrier has the meaning given the term in section #bjajb of title #di1 ,united ,states ,code4 7g7 ,additional information protections ,section #bjaah is amended-- 7#a7 in subsection 7a7-- 7,a7 in the matter preceding paragraph 7#a7-- 7i7 by inserting 81 confidential close call reporting system program10 after 8safety risk reduction program02 and 7ii7 by inserting pursuant to section #eeb7;b77#c7 of that title1 after section #eeb of title #e2 7,b7 in paragraph 7#a71 by inserting 81 confidential close call reporting system program10 after 8safety risk reduction program02 and 7,c7 in paragraph 7#b71 by inserting 81 confidential close call reporting system program10 after 8safety risk reduction program02 7#b7 in subsection 7b71 by inserting 81 confidential close call reporting system program10 after 8safety risk reduction program02 and 7#c7 in subsection 7c71 by inserting 81 of any information or analyses generated as part of a confidential close call reporting system program10 after 8risk mitigation analyses04 #djc4 ,speed limit action plans 7a7 ,in general ,not later than #ij days after the date of enactment of this ,act1 each railroad carrier providing intercity rail passenger transportation or commuter rail passenger transportation1 in consultation with any applicable host railroad carrier1 shall survey its entire system and identify each main track location where there is a reduction of more than #bj miles per hour from the approach speed to a curve or bridge and the maximum authorized operating speed for passenger trains at that curve or bridge4 7b7 ,action plans ,not later than #abj days after the date that the survey under subsection 7a7 is complete1 a rail passenger carrier shall submit to the ,secretary an action plan that-- 7#a7 identifies each main track location where there is a reduction of more than #bj miles per hour from the approach speed to a curve or bridge and the maximum authorized operating speed for passenger trains at that curve or bridge2 7#b7 describes appropriate actions1 including modification to automatic train control systems1 if applicable1 other signal systems1 or other practices1 including increased crew communication1 to enable warning and enforcement of the maximum authorized speed for passenger trains at each location identified under paragraph 7#a72 7#c7 contains milestones and target dates for implementing each appropriate action described under paragraph 7#b72 and 7#d7 ensures compliance with the maximum authorized speed at each location identified under paragraph 7#a74 7c7 ,approval ,not later than #ij days after the date an action plan is submitted under subsection 7a71 the ,secretary shall approve1 approve with conditions1 or disapprove the action plan4 7d7 ,alternative safety measures ,the ,secretary may exempt from the requirements of this section each segment of track for which operations are governed by a positive train control system certified under section #bjaeg of title #di1 ,united ,states ,code1 or any other safety technology or practice that would achieve an equivalent or greater level of safety in reducing derailment risk4 7e7 ,savings clause ,nothing in this section shall prohibit the ,secretary from applying the requirements of this section to other segments of track at high risk of overspeed derailment4 #djd4 ,signage 7a7 ,in general ,the ,secretary shall promulgate such regulations as the ,secretary considers necessary to require each railroad carrier providing intercity rail passenger transportation or commuter rail passenger transportation1 in consultation with any applicable host railroad carrier1 to install signs to warn train crews before the train approaches a location that the ,secretary identifies as having high risk of overspeed derailment4 7b7 ,alternative safety measures ,the ,secretary may exempt from the requirements of this section each segment of track for which operations are governed by a positive train control system certified under section #bjaeg of title #di1 ,united ,states ,code1 or any other safety technology or practice that would achieve an equivalent or greater level of safety in reducing derailment risk4 #dje4 ,alerters 7a7 ,in general ,the ,secretary shall promulgate a rule to require a working alerter in the controlling locomotive of each passenger train in intercity rail passenger transportation 7as defined in section #bdajb of title #di1 ,united ,states ,code7 or commuter rail passenger transportation 7as defined in section #bdajb of title #di1 ,united ,states ,code74 7b7 ,rulemaking 7#a7 ,in general ,the ,secretary may promulgate a rule to specify the essential functionalities of a working alerter1 including the manner in which the alerter can be reset4 7#b7 ,alternate practice or technology ,the ,secretary may require or allow a technology or practice in lieu of a working alerter if the ,secretary determines that the technology or practice would achieve an equivalent or greater level of safety in enhancing or ensuring appropriate locomotive control4 #djf4 ,signal protection 7a7 ,in general ,the ,secretary shall promulgate such regulations as the ,secretary considers necessary to require that on-track safety regulations1 whenever practicable and consistent with other safety requirements and operational considerations1 include requiring implementation of redundant signal protection1 such as shunting or other practices and technologies that achieve an equivalent or greater level of safety1 for maintenance-of-way work crews who depend on a train dispatcher to provide signal protection4 7b7 ,alternative safety measures ,the ,secretary may exempt from the requirements of this section each segment of track for which operations are governed by a positive train control system certified under section #bjaeg of title #di1 ,united ,states ,code1 or any other safety technology or practice that would achieve an equivalent or greater level of safety in providing additional signal protection4 #djg4 ,technology implementation plans ,section #bjaef7;e7 is amended-- 7#a7 in paragraph 7#d7-- 7,a7 in subparagraph 7,a71 by striking and at the end2 and 7,b7 in subparagraph 7,b71 by striking the period at the end and inserting 2 and2 and 7#b7 by adding at the end the following3 7,c7 each railroad carrier required to submit such a plan1 until the implementation of a positive train control system by the railroad carrier1 shall analyze and1 as appropriate1 prioritize technologies and practices to mitigate the risk of overspeed derailments4 4 #djh4 ,commuter rail track inspections 7a7 ,in general ,the ,secretary shall evaluate track inspection regulations to determine if a railroad carrier providing commuter rail passenger transportation on high density commuter railroad lines should be required to inspect the lines in the same manner as currently required for other commuter railroad lines4 7b7 ,rulemaking ,considering safety1 including railroad carrier employee and contractor safety1 and system capacity1 the ,secretary may promulgate a rule for high density commuter railroad lines4 ,if1 after the evaluation under subsection 7a71 the ,secretary determines that it is necessary to promulgate a rule1 the ,secretary shall specifically consider the following regulatory requirements for high density commuter railroad lines3 7#a7 ,at least once every #b weeks-- 7,a7 traverse each main line by vehicle2 or 7,b7 inspect each main line on foot4 7#b7 ,at least once each month1 traverse and inspect each siding by vehicle or by foot4 7c7 ,report ,if1 after the evaluation under subsection 7a71 the ,secretary determines it is not necessary to revise the regulations under this section1 the ,secretary1 not later than #b years after the date of enactment of this ,act1 shall transmit a report to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives explaining the reasons for not revising the regulations4 7d7 ,construction ,nothing in this section may be construed to limit the authority of the ,secretary to promulgate regulations or issue orders under any other law4 #dji4 ,emergency response 7a7 ,in general ,the ,secretary1 in consultation with railroad carriers1 shall conduct a study to determine whether limitations or weaknesses exist in the emergency response information carried by train crews transporting hazardous materials4 7b7 ,contents ,in conducting the study under subsection 7a71 the ,secretary shall evaluate the differences between the emergency response information carried by train crews transporting hazardous materials and the emergency response guidance provided in the ,emergency ,response ,guidebook issued by the ,department of ,transportation4 7c7 ,report ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall transmit to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives a report of the findings of the study under subsection 7a7 and any recommendations for legislative action4 #daj4 ,private highway-rail grade crossings 7a7 ,in general ,the ,secretary1 in consultation with railroad carriers1 shall conduct a study-- 7#a7 to determine whether limitations or weaknesses exist regarding the availability and usefulness for safety purposes of data on private highway-rail grade crossings2 and 7#b7 to evaluate existing engineering practices on private highway-rail grade crossings4 7b7 ,contents ,in conducting the study under subsection 7a71 the ,secretary shall make recommendations as necessary to improve-- 7#a7 the utility of the data on private highway-rail grade crossings2 and 7#b7 the implementation of private highway-rail crossing safety measures1 including signage and warning systems4 7c7 ,report ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall transmit to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives a report of the findings of the study and any recommendations for further action4 #daa4 ,repair and replacement of damaged track inspection equipment 7a7 ,in general ,subchapter ,i of chapter #bja is amended by inserting after section #bjabj the following3 #bjaba4 ,repair and replacement of damaged track inspection equipment ,the ,secretary of ,transportation may receive and expend cash1 or receive and utilize spare parts and similar items1 from non-,united ,states ,government sources to repair damages to or replace ,united ,states ,government owned automated track inspection cars and equipment as a result of third-party liability for such damages1 and any amounts collected under this section shall be credited directly to the ,railroad ,safety and ,operations account of the ,federal ,railroad ,administration1 and shall remain available until expended for the repair1 operation1 and maintenance of automated track inspection cars and equipment in connection with the automated track inspection program4 4 7b7 ,conforming amendment ,the table of contents for subchapter ,i of chapter #bja is amended by adding after section #bajbj the following3 #bjaba4 ,repair and replacement of damaged track inspection equipment4 4 #dab4 ,rail police officers 7a7 ,in general ,section #bhaja is amended-- 7#a7 by striking employed by each place it appears and inserting directly employed by or contracted by2 7#b7 in subsection 7b71 by inserting or agent1 as applicable1 after an employee2 and 7#c7 by adding at the end the following3 7c7 ,transfers 7#a7 ,in general ,if a railroad police officer directly employed by or contracted by a rail carrier and certified or commissioned as a police officer under the laws of a ,state transfers primary employment or residence from the certifying or commissioning ,state to another ,state or jurisdiction1 the railroad police officer1 not later than #a year after the date of transfer1 shall apply to be certified or commissioned as a police office under the laws of the ,state of new primary employment or residence4 7#b7 ,interim period ,during the period beginning on the date of transfer and ending #a year after the date of transfer1 a railroad police officer directly employed by or contracted by a rail carrier and certified or commissioned as a police officer under the laws of a ,state may enforce the laws of the new jurisdiction in which the railroad police officer resides1 to the same extent as provided in subsection 7a74 7d7 ,training 7#a7 ,in general ,a ,state shall recognize as meeting that ,state's basic police officer certification or commissioning requirements for qualification as a rail police officer under this section any individual who successfully completes a program at a ,state-recognized police training academy in another ,state or at a ,federal law enforcement training center and who is certified or commissioned as a police officer by that other ,state4 7#b7 ,rule of construction ,nothing in this subsection shall be construed as superseding or affecting any unique ,state training requirements related to criminal law1 criminal procedure1 motor vehicle code1 or ,state-mandated comparative or annual in-service training academy or ,federal law enforcement training center4 4 7b7 ,regulations ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall revise the regulations in part #bjg of title #di1 ,code of ,federal ,regulations 7relating to railroad police officers71 to permit a railroad to designate an individual1 who is commissioned in the individual's ,state of legal residence or ,state of primary employment and directly employed by or contracted by a railroad to enforce ,state laws for the protection of railroad property1 personnel1 passengers1 and cargo1 to serve in the ,states in which the railroad owns property4 7c7 ,conforming amendments 7#a7 ,amtrak rail police ,section #bdcje7;e7 is amended-- 7,a7 by striking may employ and inserting may directly employ or contract with2 7,b7 by striking employed by and inserting directly employed by or contracted by2 and 7,c7 by striking employed without and inserting directly employed or contracted without4 7#b7 ,secure gun storage or safety device2 exceptions ,section #ibb7z77#b77;,b7 of title #ah is amended by striking employed by and inserting directly employed by or contracted by4 #dac4 ,technical and conforming amendments 7a7 ,assistance to families of passengers involved in rail passenger accidents ,section #aaci is amended-- 7#a7 in subsection 7a77#a71 by striking phone number and inserting telephone number2 7#b7 in subsection 7a77#b71 by striking post trauma communication with families and inserting post-trauma communication with families2 and 7#c7 in subsection 7j71 by striking railroad passenger accident each place it appears and inserting rail passenger accident4 7b7 ,solid ,waste ,rail ,transfer ,facility ,land-,use ,exemption ,section #ajiji is amended-- 7#a7 in subsection 7b71 in the matter preceding paragraph 7#a71 by striking ,clean ,railroad ,act of #bjjh and inserting ,clean ,railroads ,act of #bjjh2 and 7#b7 in subsection 7e71 by striking ,upon the granting of petition from the ,state and inserting ,upon the granting of a petition from the ,state4 7c7 ,rulemaking process ,section #bjaaf is amended-- 7#a7 by inserting 7#b7 before the code1 rule1 standard1 requirement1 or practice has been subject to notice and comment under a rule or order issued under this part4 and indenting accordingly2 7#b7 by inserting 7#a7 before unless and indenting accordingly2 7#c7 in paragraph 7#a71 as redesignated1 by striking order1 or and inserting order2 or2 and 7#d7 in the matter preceding paragraph 7#a71 as redesignated1 by striking unless and inserting unless--4 7d7 ,enforcement report ,section #bjabj7;a7 is amended-- 7#a7 in the matter preceding paragraph 7#a71 by striking website and inserting ,web site2 7#b7 in paragraph 7#a71 by striking accident and incidence reporting and inserting accident and incident reporting2 7#c7 in paragraph 7#b77;,g71 by inserting and at the end2 and 7#d7 in paragraph 7#e77;,b71 by striking ,administrative ,hearing ,officer or ,administrative ,law ,judge and inserting administrative hearing officer or administrative law judge4 7e7 ,railroad safety risk reduction program ,section #bjaef is amended-- 7#a7 in subsection 7c71 by inserting a comma after ,in developing its railroad safety risk reduction program2 and 7#b7 in subsection 7g77#a7-- 7,a7 by inserting a comma after good faith2 and 7,b7 by striking non-profit and inserting nonprofit4 7f7 ,roadway ,user ,sight ,distance at ,highway-,rail ,grade ,crossings ,section #bjaei is amended by striking the ,secretary and inserting the ,secretary of ,transportation4 7g7 ,national crossing inventory ,section #bjafj is amended-- 7#a7 in subsection 7a77#a71 by striking concerning each previously unreported crossing through which it operates or with respect to the trackage over which it operates and inserting concerning each previously unreported crossing through which it operates with respect to the trackage over which it operates2 and 7#b7 in subsection 7b77#a77;,a71 by striking concerning each crossing through which it operates or with respect to the trackage over which it operates and inserting concerning each crossing through which it operates with respect to the trackage over which it operates4 7h7 ,minimum training standards and plans ,section #bjafb7;a77#c7 is amended by striking railroad compliance with ,federal standards and inserting railroad carrier compliance with ,federal standards4 7i7 ,development and use of rail safety technology ,section #bjafd7;a7 is amended by striking after enactment of the ,railroad ,safety ,enhancement ,act of #bjjh and inserting after the date of enactment of the ,rail ,safety ,improvement ,act of #bjjh4 7j7 ,rail ,safety ,improvement ,act of #bjjh 7#a7 ,table of contents ,section #a7;b7 of division ,a of the ,rail ,safety ,improvement ,act of #bjjh 7,public ,law #aaj-dcb2 #abb ,stat4 #dhdh7 is amended-- 7,a7 in the item relating to section #cjg1 by striking website and inserting ,web site2 7,b7 in the item relating to title ,,vi1 by striking solid waste facilities and inserting solid waste rail transfer facilities2 and 7,c7 in the item relating to section #fjb1 by striking solid waste transfer facilities and inserting solid waste rail transfer facilities4 7#b7 ,definitions ,section #b7;a77#a7 of division ,a of the ,rail ,safety ,improvement ,act of #bjjh 7,public ,law #aaj-dcb2 #abb ,stat4 #dhdi7 is amended in the matter preceding subparagraph 7,a71 by inserting a comma after at grade4 7#c7 ,railroad safety strategy ,section #ajb7;a77#f7 of title ,i of division ,a of the ,rail ,safety ,improvement ,act of #bjjh 7#di ,u4,s4,c4 #bjaja note7 is amended by striking ,improving the safety of railroad bridges1 tunnels1 and related infrastructure to prevent accidents1 incidents1 injuries1 and fatalities caused by catastrophic failures and other bridge and tunnel failures4 and inserting ,improving the safety of railroad bridges1 tunnels1 and related infrastructure to prevent accidents1 incidents1 injuries1 and fatalities caused by catastrophic and other failures of such infrastructure44 7#d7 ,operation ,lifesaver ,section #bjf7;a7 of title ,,ii of division ,a of the ,rail ,safety ,improvement ,act of #bjjh 7#di ,u4,s4,c4 #bbeja note7 is amended by striking ,public ,service ,announcements and inserting public service announcements4 7#e7 ,update of ,federal ,railroad ,administration's ,web ,site ,section #cjg of title ,,iii of division ,a of the ,rail ,safety ,improvement ,act of #bjjh 7#di ,u4,s4,c4 #ajc note7 is amended-- 7,a7 in the heading by striking ,federal ,railroad ,administration's website and inserting ,federal ,railroad ,administration ,web site2 7,b7 by striking website each place it appears and inserting ,web site2 and 7,c7 by striking website's and inserting ,web site's4 7#f7 ,alcohol and controlled substance testing for maintenance-of-way employees ,section #dab of title ,,iv of division ,a of the ,rail ,safety ,improvement ,act of #bjjh 7#di ,u4,s4,c4 #bjadj note7 is amended by striking ,secretary of ,transportation and inserting ,secretary4 7#g7 ,tunnel information ,section #dad of title ,,iv of division ,a of the ,rail ,safety ,improvement ,act of #bjjh 7#di ,u4,s4,c4 #bjajc note7 is amended-- 7,a7 by striking parts #aga4h1 #agc4aae and inserting sections #aga4h1 #agc4aae2 and 7,b7 by striking part #aebj4e and inserting section #aebj4e4 7#h7 ,safety inspections in ,mexico ,section #daf of title ,,iv of division ,a of the ,rail ,safety ,improvement ,act of #bjjh 7#di ,u4,s4,c4 #bjajg note7 is amended-- 7,a7 in the matter preceding paragraph 7#a71 by striking ,secretary of ,transportation and inserting ,secretary2 and 7,b7 in paragraph 7#d71 by striking subsection and inserting section4 7#i7 ,heading of title ,,vi ,the heading of title ,,vi of division ,a of the ,rail ,safety ,improvement ,act of #bjjh 7#abb ,stat4 #dijj7 is amended by striking solid waste facilities and inserting solid waste rail transfer facilities4 7#aj7 ,heading of section #fjb ,section #fjb of title ,,vi of division ,a of the ,rail ,safety ,improvement ,act of #bjjh 7#abb ,stat4 #dijj7 is amended by striking solid waste transfer facilities and inserting solid waste rail transfer facilities4 ,b ,consolidated rail infrastructure and safety improvements #dba4 ,consolidated rail infrastructure and safety improvements 7a7 ,in general ,chapter #bdd1 as amended by section #cjb of this ,act1 is further amended by adding at the end the following3 #bddjh4 ,consolidated rail infrastructure and safety improvements 7a7 ,general authority ,the ,secretary may make grants under this section to an eligible recipient to assist in financing the cost of improving passenger and freight rail transportation systems in terms of safety1 efficiency1 or reliability4 7b7 ,eligible recipients ,the following entities are eligible to receive a grant under this section3 7#a7 ,a ,state4 7#b7 ,a group of ,states4 7#c7 ,an ,interstate ,compact4 7#d7 ,a public agency or publicly chartered authority established by #a or more ,states and having responsibility for providing intercity rail passenger1 commuter rail passenger1 or freight rail transportation service4 7#e7 ,a political subdivision of a ,state4 7#f7 ,amtrak or another rail passenger carrier that provides intercity rail passenger transportation 7as defined in section #bdajb7 or commuter rail passenger transportation 7as defined in section #bdajb74 7#g7 ,a ,class ,,ii railroad or ,class ,,iii railroad 7as those terms are defined in section #bjajb74 7#h7 ,any rail carrier or rail equipment manufacturer in partnership with at least #a of the entities described in paragraphs 7#a7 through 7#e74 7#i7 ,any entity established to procure1 manage1 or maintain passenger rail equipment under section #cje of the ,passenger ,rail ,investment and ,improvement ,act of #bjjh 7#di ,u4,s4,c4 #bdaja note74 7#aj7 ,an organization that is actively involved in the development of operational and safety-related standards for rail equipment and operations or the implementation of safety-related programs4 7#aa7 ,the ,transportation ,research ,board and any entity with which it contracts in the development of rail-related research1 including cooperative research programs4 7#ab7 ,a ,university transportation center actively engaged in rail-related research4 7#ac7 ,a non-profit labor organization representing a class or craft of employees of railroad carriers or railroad carrier contractors4 7c7 ,eligible projects ,the following projects are eligible to receive grants under this section3 7#a7 ,deployment of railroad safety technology1 including positive train control and rail integrity inspection systems4 7#b7 ,a capital project as defined in section #bddja1 except that a project shall not be required to be in a ,state rail plan developed under chapter #bbg4 7#c7 ,a capital project identified by the ,secretary as being necessary to address congestion challenges affecting rail service4 7#d7 ,a highway-rail grade crossing improvement1 including grade separations1 private highway-rail grade crossing improvements1 and safety engineering improvements to reduce risk in quiet zones or potential quiet zones4 7#e7 ,a rail line relocation project4 7#f7 ,a capital project to improve short-line or regional railroad infrastructure4 7#g7 ,paying all or a portion of the credit risk premium1 as determined under section #ejb7;f7 of the ,railroad ,revitalization and ,regulatory ,reform ,act of #aigf 7#de ,u4,s4,c4 #hbb7;f771 and loan charges described in section #ejc7l7 of that ,act 7#de ,u4,s4,c4 #hbc7l77 for a project eligible for ,federal credit assistance under that ,act 7#de ,u4,s4,c4 #hja et seq474 7#h7 ,development of public education1 awareness1 and targeted law enforcement activities to reduce violations of traffic laws at highway-rail grade crossings and to help prevent and reduce injuries and fatalities along railroad rights-of-way4 7#i7 ,the preparation of regional rail and corridor service development plans and corresponding environmental analyses4 7#aj7 ,any project that the ,secretary considers necessary to enhance multimodal connections or facilitate service integration between rail service and other modes1 including between intercity rail passenger transportation and intercity bus service4 7#aa7 ,the development of rail-related capital1 operations1 and safety standards4 7#ab7 ,the implementation and operation of a safety program or institute designed to improve rail safety culture and rail safety performance4 7#ac7 ,any research that the ,secretary considers necessary to advance any particular aspect of rail-related capital1 operations1 or safety improvements4 7#ad7 ,workforce development activities1 coordinated to the extent practicable with the existing local training programs supported by the ,department of ,transportation1 ,department of ,labor1 and ,department of ,education4 7d7 ,application process ,the ,secretary shall prescribe the form and manner of filing an application under this section4 7e7 ,project selection criteria 7#a7 ,in general ,in selecting a recipient of a grant for an eligible project1 the ,secretary shall-- 7,a7 give preference to a proposed project for which the proposed ,federal share of total project costs does not exceed #ej percent2 and 7,b7 after factoring in preference to projects under subparagraph 7,a71 select projects that will maximize the net benefits of the funds appropriated for use under this section1 considering the cost-benefit analysis of the proposed project1 including anticipated private and public benefits relative to the costs of the proposed project and factoring in the other considerations described in paragraph 7#b74 7#b7 ,other considerations ,the ,secretary shall also consider the following3 7,a7 ,the degree to which the proposed project's business plan considers potential private sector participation in the financing1 construction1 or operation of the project2 7,b7 ,the recipient's past performance in developing and delivering similar projects1 and previous financial contributions2 7,c7 ,whether the recipient has or will have the legal1 financial1 and technical capacity to carry out the proposed project1 satisfactory continuing control over the use of the equipment or facilities1 and the capability and willingness to maintain the equipment or facilities2 7,d7 ,if applicable1 the consistency of the proposed project with planning guidance and documents set forth by the ,secretary or required by law or ,state rail plans developed under chapter #bbg2 7,e7 ,if applicable1 any technical evaluation ratings that proposed project received under previous competitive grant programs administered by the ,secretary2 and 7,f7 ,such other factors as the ,secretary considers relevant to the successful delivery of the project4 7#c7 ,benefits ,the benefits described in paragraph 7#a77;,b7 may include the effects on system and service performance1 including measures such as improved safety1 competitiveness1 reliability1 trip or transit time1 resilience1 efficiencies from improved integration with other modes1 and ability to meet existing or anticipated demand4 7f7 ,performance measures ,the ,secretary shall establish performance measures for each grant recipient to assess progress in achieving strategic goals and objectives4 ,the ,secretary may require a grant recipient to periodically report information related to such performance measures4 7g7 ,rural areas 7#a7 ,in general ,of the amounts appropriated under this section1 at least #be percent shall be available for projects in rural areas4 ,the ,secretary shall consider a project to be in a rural area if all or the majority of the project 7determined by the geographic location or locations where the majority of the project funds will be spent7 is located in a rural area4 7#b7 ,definition of rural area ,in this subsection1 the term rural area means any area not in an urbanized area1 as defined by the ,census ,bureau4 7h7 ,federal share of total project costs 7#a7 ,total project costs ,the ,secretary shall estimate the total costs of a project under this subsection based on the best available information1 including engineering studies1 studies of economic feasibility1 environmental analyses1 and information on the expected use of equipment or facilities4 7#b7 ,federal share ,the ,federal share of total project costs under this subsection shall not exceed #hj percent4 7#c7 ,treatment of passenger rail revenue ,if ,amtrak or another rail passenger carrier is an applicant under this section1 ,amtrak or the other rail passenger carrier1 as applicable1 may use ticket and other revenues generated from its operations and other sources to satisfy the non-,federal share requirements4 7i7 ,applicability ,except as specifically provided in this section1 the use of any amounts appropriated for grants under this section shall be subject to the requirements of this chapter4 7j7 ,availability ,amounts appropriated for carrying out this section shall remain available until expended4 4 7b7 ,conforming amendment ,the table of contents of chapter #bdd1 as amended by section #cjb of this ,act1 is amended by adding after the item relating to section #bddjg the following3 #bddjh4 ,consolidated rail infrastructure and safety improvements4 4 ,v ,project delivery #eja4 ,short title ,this title may be cited as the ,track1 ,railroad1 and ,infrastructure ,network ,act4 #ejb4 ,preservation of public lands 7a7 ,highways ,section #ach of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7b77#b77;,a77i71 by inserting 1 taking into consideration any avoidance1 minimization1 and mitigation or enhancement measures incorporated into the program or project after historic site2 and 7#b7 by adding at the end the following3 7c7 ,rail and transit ,improvements to1 or the maintenance1 rehabilitation1 or operation of1 railroad or rail transit lines or elements of such lines1 with the exception of stations1 that are in use or were historically used for the transportation of goods or passengers1 shall not be considered a use of an historic site under subsection 7a71 regardless of whether the railroad or rail transit line or element of such line is listed on1 or eligible for listing on1 the ,national ,register of ,historic ,places4 4 7b7 ,transportation projects ,section #cjc is amended-- 7#a7 in subsection 7c71 by striking subsection 7d7 and inserting subsections 7d7 and 7e72 7#b7 in subsection 7d77#b77;,a77i71 by inserting 1 taking into consideration any avoidance1 minimization1 and mitigation or enhancement measures incorporated into the program or project after historic site2 and 7#c7 by adding at the end the following3 7e7 ,rail and transit ,improvements to1 or the maintenance1 rehabilitation1 or operation of1 railroad or rail transit lines or elements of such lines1 with the exception of stations1 that are in use or were historically used for the transportation of goods or passengers1 shall not be considered a use of an historic site under subsection 7c71 regardless of whether the railroad or rail transit line or element of such line is listed on1 or eligible for listing on1 the ,national ,register of ,historic ,places4 4 #ejc4 ,efficient environmental reviews 7a7 ,in general ,section #cjd is amended-- 7#a7 in the heading1 by striking for multimodal projects and inserting and increasing the efficiency of environmental reviews2 and 7#b7 by adding at the end the following3 7e7 ,efficient environmental reviews 7#a7 ,in general ,the ,secretary of ,transportation shall apply the project development procedures1 to the greatest extent feasible1 described in section #aci of title #bc1 ,united ,states ,code1 to any rail project that requires the approval of the ,secretary of ,transportation under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 7#b7 ,regulations and procedures ,the ,secretary of ,transportation shall incorporate such project development procedures into the agency regulations and procedures pertaining to rail projects4 7f7 ,applicability of ,,nepa decisions 7#a7 ,in general ,a ,department of ,transportation operating administration may apply a categorical exclusion designated by another ,department of ,transportation operating administration under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 7#b7 ,findings ,a ,department of ,transportation operating administration may adopt1 in whole or in part1 another ,department of ,transportation operating administration's ,record of ,decision1 ,finding of ,no ,significant ,impact1 and any associated evaluations1 determinations1 or findings demonstrating compliance with any law related to environmental review or historic preservation4 4 #ejd4 ,advance acquisition 7a7 ,in general ,chapter #bda is amended by inserting after section #bdaje the following-- #bdajf4 ,advance acquisition 7a7 ,rail corridor preservation ,the ,secretary may assist a recipient of funding in acquiring right-of-way and adjacent real property interests before or during the completion of the environmental reviews for any project receiving funding under subtitle ,v of title #di1 ,united ,states ,code1 that may use such property interests if the acquisition is otherwise permitted under ,federal law1 and the recipient requesting ,federal funding for the acquisition certifies1 with the concurrence of the ,secretary1 that-- 7#a7 the recipient has authority to acquire the right-of-way or adjacent real property interest2 and 7#b7 the acquisition of the right-of-way or adjacent real property interest-- 7,a7 is for a transportation or transportation-related purpose2 7,b7 will not cause significant adverse environmental impact2 7,c7 will not limit the choice of reasonable alternatives for the proposed project or otherwise influence the decision of the ,secretary on any approval required for the proposed project2 7,d7 does not prevent the lead agency for the review process from making an impartial decision as to whether to accept an alternative that is being considered2 7,e7 complies with other applicable ,federal law1 including regulations2 7,f7 will be acquired through negotiation and without the threat of condemnation2 and 7,g7 will not result in the elimination or reduction of benefits or assistance to a displaced person under the ,uniform ,relocation ,assistance and ,real ,property ,acquisition ,policies ,act of #aigj 7#db ,u4,s4,c4 #dfja et seq47 and title ,,vi of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;d et seq474 7b7 ,environmental reviews 7#a7 ,completion of ,,nepa review ,before authorizing any ,federal funding for the acquisition of a real property interest that is the subject of a grant or other funding under this subtitle1 the ,secretary shall complete1 if required1 the review process under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 with respect to the acquisition4 7#b7 ,completion of section #ajf ,an acquisition of a real property interest involving an historic site shall not occur unless the section #ajf process1 if required1 under the ,national ,historic ,preservation ,act 7#ed ,u4,s4,c4 #cjfajh7 is complete4 7#c7 ,timing of acquisitions ,a real property interest acquired under subsection 7a7 may not be developed in anticipation of the proposed project until all required environmental reviews for the project have been completed4 4 7b7 ,conforming amendment ,the table of contents of chapter #bda is amended by inserting after the item relating to section #bdaje the following3 #bdajf4 ,advance acquisition4 4 #eje4 ,railroad rights-of-way ,section #cjfajh of title #ed1 ,united ,states ,code1 is amended-- 7#a7 by inserting 7b7 ,opportunity ,to ,comment4-- before ,the head of the ,federal agency shall afford and indenting accordingly2 7#b7 in the matter before subsection 7b71 by inserting 7a7 ,in general4-- before ,the head of any ,federal agency having direct and indenting accordingly2 and 7#c7 by adding at the end the following3 7c7 ,exemption for ,railroad ,rights-of-,way 7#a7 ,in general ,not later than #a year after the date of enactment of the ,track1 ,railroad1 and ,infrastructure ,network ,act1 the ,secretary of ,transportation shall submit a proposed exemption of railroad rights-of-way from the review under this chapter to the ,council for its consideration1 consistent with the exemption for interstate highways approved on ,march #aj1 #bjje 7#gj ,fed4 ,reg4 #aa1ibh74 7#b7 ,final exemption ,not later than #ahj days after the date that the ,secretary submits the proposed exemption under paragraph 7#a7 to the ,council1 the ,council shall issue a final exemption of railroad rights-of-way from review under this chapter1 consistent with the exemption for interstate highways approved on ,march #aj1 #bjje 7#gj ,fed4 ,reg4 #aa1ibh74 4 #ejf4 ,improving ,state and ,federal agency engagement in environmental reviews 7a7 ,in general ,chapter #c is amended by inserting after section #cjf the following3 #cjg4 ,improving ,state and ,federal agency engagement in environmental reviews 7a7 ,in general ,an entity receiving financial assistance from the ,secretary of ,transportation for #a or more projects or for a program of projects1 may request that the ,secretary allow the entity to provide funds to any ,federal agency1 including the ,department of ,transportation1 ,state agency1 or ,indian tribe 7as defined in section #ajb of the ,federally ,recognized ,indian ,tribe ,list ,act of #aiid 7#be ,u4,s4,c4 #dgi;a77 participating in the environmental planning and review process for the project1 projects1 or program4 ,the funds may be provided only to support activities that directly and meaningfully contribute to expediting and improving permitting and review processes1 including planning1 approval1 and consultation processes for the project1 projects1 or program4 7b7 ,activities eligible for funding ,activities for which funds may be provided under subsection 7a7 include transportation planning activities that precede the initiation of the environmental review process1 activities directly related to the environmental review process1 dedicated staffing1 training of agency personnel1 information gathering and mapping1 and development of programmatic agreements4 7c7 ,amounts ,requests under subsection 7a7 may be approved only for the additional amounts that the ,secretary determines are necessary for the ,federal agencies1 ,state agencies1 or ,indian tribes participating in the environmental planning and review process to timely conduct the reviews in an expedited manner4 7d7 ,agreements ,prior to providing funds approved by the ,secretary for dedicated staffing at an affected ,federal agency under subsections 7a7 and 7b71 the affected ,federal agency1 ,state agency or ,indian tribe1 as appropriate1 and the requesting entity shall enter into an agreement that establishes a process to identify the projects or priorities to be addressed by the use of the funds4 7e7 ,rule of construction ,nothing in this section shall be construed to be inconsistent with or to interfere with section #aci7;j7 of title #bc4 4 7b7 ,conforming amendment ,the table of contents of chapter #c is amended by inserting after the item relating to section #cjf the following3 #cjg4 ,improving ,state and ,federal agency engagement in environmental reviews4 4 #ejg4 ,savings clause ,nothing in this title1 or any amendment made by this title1 shall be construed as superceding1 amending1 or modifying the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 or affect the responsibility of any ,federal officer to comply with or enforce any such statute4 #ejh4 ,transition ,nothing in this title1 or any amendment made by this title1 shall affect any existing environmental review process1 program1 agreement1 or funding arrangement approved by the ,secretary under title #di1 ,united ,states ,code1 as that title was in effect on the day preceding the date of enactment of this title4 ,,vi ,financing #fja4 ,short title2 references 7a7 ,short title ,this title may be cited as the ,railroad ,infrastructure ,financing ,improvement ,act4 7b7 ,references to the ,railroad ,revitalization and ,regulatory ,reform ,act of #aigf ,except as otherwise expressly provided1 wherever in this title an amendment or repeal is expressed in terms of an amendment to1 or repeal of1 a section or other provision1 the reference shall be considered to be made to a section or other provision of the ,railroad ,revitalization and ,regulatory ,reform ,act of #aigf1 as amended 7#de ,u4,s4,c4 #hja et seq474 #fjb4 ,definitions ,section #eja 7#de ,u4,s4,c4 #hba7 is amended-- 7#a7 by redesignating paragraph 7#h7 as paragraph 7#aj72 7#b7 by redesignating paragraphs 7#f7 and 7#g7 as paragraphs 7#g7 and 7#h71 respectively2 7#c7 by inserting after paragraph 7#e7 the following3 7#f7 ,the term investment-grade rating means a rating of ,,bbb minus1 ,baa #c1 bbb minus1 ,,bbb7low71 or higher assigned by a rating agency4 2 7#d7 by inserting after paragraph 7#h71 as redesignated1 the following3 7#i7 ,the term master credit agreement means an agreement to make #a or more direct loans or loan guarantees at future dates for a program of related projects on terms acceptable to the ,secretary4 2 and 7#e7 by adding at the end the following3 7#aa7 ,the term obligor means a party that-- 7,a7 is primarily liable for payment of the principal of or interest on a direct loan or loan guarantee under this section2 and 7,b7 may be a corporation1 limited liability company1 partnership1 joint venture1 trust1 or governmental entity1 agency1 or instrumentality4 7#ab7 ,the term project obligation means a note1 bond1 debenture1 or other debt obligation issued by a borrower in connection with the financing of a project1 other than a direct loan or loan guarantee under this title4 7#ac7 ,the term railroad has the meaning given the term railroad carrier in section #bjajb of title #di1 ,united ,states ,code4 7#ad7 ,the term rating agency means a credit rating agency registered with the ,securities and ,exchange ,commission as a nationally recognized statistical rating organization 7as defined in section #c7;a7 of the ,securities ,exchange ,act of #aicd 7#ae ,u4,s4,c4 #gh;c7a7774 7#ae7 ,the term substantial completion means-- 7,a7 the opening of a project to passenger or freight traffic2 or 7,b7 a comparable event1 as determined by the ,secretary and specified in the direct loan4 4 #fjc4 ,eligible applicants ,section #ejb7;a7 7#de ,u4,s4,c4 #hbb7;a77 is amended-- 7#a7 in paragraph 7#e71 by striking one railroad2 and and inserting #a of the entities described in paragraph 7#a71 7#b71 7#c71 7#d71 or 7#f722 7#b7 by amending paragraph 7#f7 to read as follows3 7#f7 solely for the purpose of constructing a rail connection between a plant or facility and a rail carrier1 limited option freight shippers that own or operate a plant or other facility2 and 2 and 7#c7 by adding at the end the following3 7#g7 any obligor1 as designated by an entity otherwise eligible to receive a direct loan or loan guarantee under this section1 including a special purpose entity receiving user fees or other payments or revenues from dedicated sources for debt service and maintenance of the equipment or facilities to be acquired or improved2 and 7#h7 a public-private or private partnership between at least #a other entity listed in any of paragraphs 7#a7 through 7#g7 and a consortium that specializes in real estate development4 4 #fjd4 ,eligible purposes ,section #ejb7;b77#a7 7#de ,u4,s4,c4 #hbb7;b77#a77 is amended-- 7#a7 in subparagraph 7,a71 by inserting 1 and costs related to these activities1 including pre-construction costs after shops2 7#b7 in subparagraph 7,b71 by striking subparagraph 7,a72 or and inserting subparagraph 7,a7 or 7,c722 7#c7 in subparagraph 7,c71 by striking the period at the end and inserting a semicolon2 and 7#d7 by adding at the end the following3 7,d7 reimburse planning and design expenses relating to projects described in subparagraph 7,a7 or 7,c72 or 7,e7 finance economic development1 including commercial and residential development1 and related infrastructure and activities1 that-- 7i7 incorporates private investment2 7ii7 is physically or functionally related to a passenger rail station or multimodal station that includes rail service2 7iii7 has a high probability of the applicant commencing the contracting process for construction not later than #ij days after the date on which the direct loan or loan guarantee is obligated for the project under this title2 and 7iv7 has a high probability of reducing the need for financial assistance under any other ,federal program for the relevant passenger rail station or service by increasing ridership1 tenant lease payments1 or other activities that generate revenue exceeding costs4 4 #fje4 ,program administration 7a7 ,application processing procedures ,section #ejb7;i7 7#de ,u4,s4,c4 #hbb7;i77 is amended to read as follows3 7i7 ,application processing procedures 7#a7 ,application status notices ,not later than #cj days after the date that the ,secretary receives an application under this section1 the ,secretary shall provide the applicant written notice as to whether the application is complete or incomplete4 7#b7 ,incomplete applications ,if the ,secretary determines that an application is incomplete1 the ,secretary shall-- 7,a7 provide the applicant with a description of all of the specific information or material that is needed to complete the application2 and 7,b7 allow the applicant to resubmit the information and material described under subparagraph 7,a7 to complete the application4 7#c7 ,application approvals and disapprovals 7,a7 ,in general ,not later than #fj days after the date the ,secretary notifies an applicant that an application is complete under paragraph 7#a71 the ,secretary shall provide the applicant written notice as to whether the ,secretary has approved or disapproved the application4 7,b7 ,actions by the ,office of ,management and ,budget ,in order to enable compliance with the time limit under subparagraph 7,a71 the ,office of ,management and ,budget shall take any action required with respect to the application within that #fj-;day period4 7#d7 ,expedited processing ,the ,secretary shall implement procedures and measures to economize the time and cost involved in obtaining an approval or a disapproval of credit assistance under this title4 7#e7 ,dashboard ,the ,secretary shall post on the ,department of ,transportation's public ,web site a monthly report that includes for each application-- 7,a7 the name of the applicant or applicants2 7,b7 the location of the project2 7,c7 a brief description of the project1 including its purpose2 7,d7 the requested direct loan or loan guarantee amount2 7,e7 the date on which the ,secretary provided application status notice under paragraph 7#a72 and 7,f7 the date that the ,secretary provided notice of approval or disapproval under paragraph 7#c74 4 7b7 ,administration of direct loans and loan guarantees ,section #ejc 7#de ,u4,s4,c4 #hbc7 is amended-- 7#a7 in subsection 7a71 by striking the period at the end and inserting 1 including a program guide and standard term sheet and specific timetables42 7#b7 by redesignating subsections 7c7 through 7l7 as subsections 7d7 through 7m71 respectively2 7#c7 by striking 7b7 ,assignment of loan guarantees4-- and inserting 7c7 ,assignment of loan guarantees4--2 7#d7 in subsection 7d71 as redesignated-- 7,a7 in paragraph 7#a71 by striking 2 and and inserting a semicolon2 7,b7 in paragraph 7#b71 by striking the period at the end and inserting 2 and2 and 7,c7 by adding at the end the following3 7#c7 the modification cost has been covered under section #ejb7;f74 2 and 7#e7 by amending subsection 7l71 as redesignated1 to read as follows3 7l7 ,charges and loan servicing 7#a7 ,purposes ,the ,secretary may collect and spend from each applicant1 obligor1 or loan party a reasonable charge for-- 7,a7 the cost of evaluating the application1 amendments1 modifications1 and waivers1 including for evaluating project viability1 applicant creditworthiness1 and the appraisal of the value of the equipment or facilities for which the direct loan or loan guarantee is sought1 and for making necessary determinations and findings2 7,b7 the cost of award management and project management oversight2 7,c7 the cost of services from expert firms1 including counsel1 and independent financial advisors to assist in the underwriting1 auditing1 servicing1 and exercise of rights with respect to direct loans and loan guarantees2 and 7,d7 the cost of all other expenses incurred as a result of a breach of any term or condition or any event of default on a direct loan or loan guarantee4 7#b7 ,standards ,the ,secretary may charge different amounts under this subsection based on the different costs incurred under paragraph 7#a74 7#c7 ,servicer 7,a7 ,in general ,the ,secretary may appoint a financial entity to assist the ,secretary in servicing a direct loan or loan guarantee under this section4 7,b7 ,duties ,a servicer appointed under subparagraph 7,a7 shall act as the agent of the ,secretary in serving a direct loan or loan guarantee under this section4 7,c7 ,fees ,a servicer appointed under subparagraph 7,a7 shall receive a servicing fee from the obligor or other loan party1 subject to approval by the ,secretary4 7#d7 ,use of other ,federal funds ,notwithstanding any other provision of law1 an applicant may use grants under chapter #bdd of title #di1 ,united ,states ,code1 to pay any charge under this subsection4 7#e7 ,safety and operations account ,amounts collected under this subsection shall-- 7,a7 be credited directly to the ,safety and ,operations account of the ,federal ,railroad ,administration2 and 7,b7 remain available until expended to pay for the costs described in this subsection4 4 #fjf4 ,loan terms and repayment 7a7 ,prerequisites for assistance ,section #ejb7;g77#a7 7#de ,u4,s4,c4 #hbb7;g77#a77 is amended by striking #ce years from the date of its execution and inserting the lesser of #ce years after the date of substantial completion of the project or the estimated useful life of the rail equipment or facilities to be acquired1 rehabilitated1 improved1 developed1 or established4 7b7 ,repayment schedules ,section #ejb7;j7 7#de ,u4,s4,c4 #hbb7;j77 is amended-- 7#a7 in paragraph 7#a71 by striking the sixth anniversary date of the original loan disbursement and inserting #e years after the date of substantial completion2 and 7#b7 by adding at the end the following3 7#c7 ,deferred payments 7,a7 ,in general ,if at any time after the date of substantial completion the project is unable to generate sufficient revenues to pay the scheduled loan repayments of principal and interest on the direct loan1 the ,secretary1 subject to subparagraph 7,b71 may allow1 for a maximum aggregate time of #a year over the duration of the direct loan1 the obligor to add unpaid principal and interest to the outstanding balance of the direct loan4 7,b7 ,interest ,a payment deferred under subparagraph 7,a7 shall-- 7i7 continue to accrue interest under paragraph 7#b7 until the loan is fully repaid2 and 7ii7 be scheduled to be amortized over the remaining term of the loan4 7#d7 ,prepayments 7,a7 ,use of excess revenues ,any excess revenues that remain after satisfying scheduled debt service requirements on the project obligations and direct loan and all deposit requirements under the terms of any trust agreement1 bond resolution1 or similar agreement securing project obligations may be applied annually to prepay the direct loan without penalty4 7,b7 ,use of proceeds of refinancing ,the direct loan may be prepaid at any time without penalty from the proceeds of refinancing from non-,federal funding sources4 4 7c7 ,sale of direct loans ,section #ejb 7#de ,u4,s4,c4 #hbb7 is amended by adding at the end the following3 7k7 ,sale of direct loans 7#a7 ,in general ,subject to paragraph 7#b7 and as soon as practicable after substantial completion of a project1 the ,secretary1 after notifying the obligor1 may sell to another entity or reoffer into the capital markets a direct loan for the project if the ,secretary determines that the sale or reoffering has a high probability of being made on favorable terms4 7#b7 ,consent of obligor ,in making a sale or reoffering under paragraph 7#a71 the ,secretary may not change the original terms and conditions of the secured loan without the prior written consent of the obligor 4 7d7 ,nonsubordination ,section #ejb 7#de ,u4,s4,c4 #hbb71 as amended in subsection 7c71 is further amended by adding at the end the following3 7l7 ,nonsubordination 7#a7 ,in general ,except as provided in paragraph 7#b77;,b71 a direct loan shall not be subordinated to the claims of any holder of project obligations in the event of bankruptcy1 insolvency1 or liquidation of the obligor4 7#b7 ,preexisting indentures 7,a7 ,in general ,the ,secretary may waive the requirement under paragraph 7#a7 for a public agency borrower that is financing ongoing capital programs and has outstanding senior bonds under a preexisting indenture if-- 7i7 the direct loan is rated in the ,a category or higher2 7ii7 the direct loan is secured and payable from pledged revenues not affected by project performance1 such as a tax-based revenue pledge or a system-backed pledge of project revenues2 and 7iii7 the program share1 under this title1 of eligible project costs is #ej percent or less4 7,b7 ,limitation ,the ,secretary may impose limitations for the waiver of the nonsubordination requirement under this paragraph if the ,secretary determines that such limitations would be in the financial interest of the ,federal ,government4 4 #fjg4 ,credit risk premiums ,section #ejb7;f7 7#de ,u4,s4,c4 #hbb7;f77 is amended-- 7#a7 in paragraph 7#a71 by amending the first sentence to read as follows3 ,in lieu of or in combination with appropriations of budget authority to cover the costs of direct loans and loan guarantees as required under section #ejd7;b77#a7 of the ,federal ,credit ,reform ,act of #aiij 7#b ,u4,s4,c4 #ffa;c7b77#a771 including the cost of a modification thereof1 the ,secretary may accept on behalf of an applicant for assistance under this section a commitment from a non-,federal source1 including a ,state or local government or agency or public benefit corporation or public authority thereof1 to fund in whole or in part credit risk premiums and modification costs with respect to the loan that is the subject of the application or modification42 7#b7 in paragraph 7#b7-- 7,a7 in subparagraph 7,d71 by adding and after the semicolon2 7,b7 by striking subparagraph 7,e72 and 7,c7 by redesignating subparagraph 7,f7 as subparagraph 7,e72 7#c7 by striking paragraph 7#d72 7#d7 by redesignating paragraph 7#c7 as paragraph 7#d72 7#e7 by inserting after paragraph 7#b7 the following3 7#c7 ,creditworthiness ,an applicant may propose and the ,secretary may accept as a basis for determining the amount of the credit risk premium under paragraph 7#b7 any of the following in addition to the value of any tangible asset3 7,a7 ,the net present value of a future stream of ,state or local subsidy income or other dedicated revenues_/revenue pledges to secure the direct loan or loan guarantee4 7,b7 ,adequate coverage requirements to ensure repayment1 on a non-recourse basis1 from cash flows generated by the project or any other dedicated revenue source1 including-- 7i7 tolls2 7ii7 user fees2 or 7iii7 payments owing to the obligor under a public-private partnership4 7,c7 ,an investment-grade rating on the direct loan or loan guarantee1 as applicable1 except that if the total amount of the direct loan or loan guarantee is greater than #ge1jjj1jjj1 the applicant shall have an investment-grade rating from at least #b rating agencies on the direct loan or loan guarantee4 2 7#f7 in paragraph 7#d71 as redesignated1 by striking amounts and inserting amounts 7and in the case of a modification1 before the modification is executed71 to the extent appropriations are not available to the ,secretary to meet the costs of direct loans and loan guarantees1 including costs of modifications thereof2 and 7#g7 by adding at the end the following3 7#e7 ,use of other ,federal funds ,notwithstanding any other provision of law1 an applicant may use grants under chapter #bdd of title #di1 ,united ,states ,code1 to pay part or all of a credit risk premium or modification cost under this subsection4 4 #fjh4 ,master credit agreements ,section #ejb 7#de ,u4,s4,c4 #hbb71 as amended by subsections 7c7 and 7d7 of section #fjf of this ,act1 is further amended by adding at the end the following3 7m7 ,master credit agreements 7#a7 ,in general ,subject to section #ejb7;d7 and paragraph 7#b7 of this subsection1 the ,secretary may enter into a master credit agreement that provides for all of the conditions for the provision of a direct loan or loan guarantee1 as applicable1 under this title and other applicable requirements to be satisfied prior to the issuance of the direct loan or loan guarantee4 7#b7 ,conditions ,each master credit agreement shall-- 7,a7 establish the maximum amount and general terms and conditions of each applicable direct loan or loan guarantee2 7,b7 identify #a or more dedicated non-,federal revenue sources that will secure the repayment of each applicable direct loan or loan guarantee2 7,c7 provide for the obligation of funds for the direct loans or loan guarantees after all requirements have been met for the projects subject to the master credit agreement2 and 7,d7 provide #a or more dates1 as determined by the ,secretary1 before which the master credit agreement results in each of the direct loans or loan guarantees or in the release of the master credit agreement4 4 #fji4 ,priorities and conditions 7a7 ,priority projects ,section #ejb7;c7 7#de ,u4,s4,c4 #hbb7;c77 is amended-- 7#a7 in paragraph 7#a71 by inserting 1 including projects for the installation of a positive train control system 7as defined in section #bjaeg7;i7 of title #di1 ,united ,states ,code7 after public safety2 7#b7 by redesignating paragraphs 7#b7 and 7#c7 as paragraphs 7#c7 and 7#b71 respectively2 7#c7 in paragraph 7#e71 by inserting or chapter #bbg of title #di after section #ace of title #bc2 7#d7 by redesignating paragraphs 7#f7 through 7#h7 as paragraphs 7#g7 through 7#i71 respectively2 and 7#e7 by inserting after paragraph 7#e7 the following3 7#f7 improve railroad stations and passenger facilities and increase transit-oriented development2 4 7b7 ,conditions of assistance ,section #ejb7;h7 7#de ,u4,s4,c4 #hbb7;h77 is amended-- 7#a7 in paragraph 7#b71 by inserting 1 if applicable after project2 and 7#b7 by adding at the end the following3 7#d7 ,for a project described in subsection 7b77#a77;,e71 the ,secretary shall require the applicant1 obligor1 or other loan party1 in addition to the interest required under subsection 7e71 to provide the sponsor of the intercity passenger rail service or its designee1 a fee or payment in an amount determined appropriate by the ,secretary to provide an equitable share of project revenue to support the capital or operating costs of the routes serving the passenger rail station or multimodal station where the development is located4 4 #faj4 ,savings provision 7a7 ,in general ,except as provided in subsection 7b71 this ,act1 and the amendments made by this ,act1 shall not affect any direct loan 7or direct loan obligation7 or an outstanding loan guarantee 7or loan guarantee commitment7 that was in effect prior to the date of enactment of this ,act4 ,any such transaction entered into before the date of enactment of this ,act shall be administered until completion under its terms as if this ,act were not enacted4 7b7 ,modification costs ,at the discretion of the ,secretary1 the authority to accept modification costs on behalf of an applicant under section #ejb7;f7 of the ,railroad ,revitalization and ,regulatory ,reform ,act of #aigf 7#de ,u4,s4,c4 #hbb7;f771 as amended by section #fjg of this ,act1 may apply with respect to any direct loan 7or direct loan obligation7 or an outstanding loan guarantee 7or loan guarantee commitment7 that was in effect prior to the date of enactment of this ,act4