,,ii #aafth ,,congress #b;d ,session ,s4 #djcj ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,june #bb1 #bjbj,mr4 ,markey introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to establish an intercity passenger rail service investment grant program4 #a4 ,short titles ,this ,act may be cited as the ,building ,rail ,across ,intercity ,networks ,to ,ride ,around ,interior of the ,nation ,act or the ,,brain ,,train ,act4 #b4 ,establishment of grant program for high-performance intercity passenger rail service 7a7 ,in general ,chapter #bfa of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 #bfajg4 ,intercity passenger rail service investment program 7a7 ,definitions ,in this section3 7#a7 ,applicant ,the term applicant means ,amtrak or a ,state1 group of ,states1 interstate compact1 or public agency established by #a or more ,states with responsibility for providing intercity passenger rail service4 7#b7 ,capital project ,the term capital project means a project or program in a ,state rail plan developed under chapter #bbg for-- 7,a7 acquiring1 constructing1 improving1 or inspecting equipment1 track1 and track structures1 or a facility of use in or for the primary benefit of intercity passenger rail service2 7,b7 expenses incidental to the acquisition or construction 7including designing1 engineering1 location surveying1 mapping1 environmental studies1 and acquiring active or out of service rights-of-way72 and 7,c7 payments for the capital portions of rail trackage rights agreements1 highway-rail grade crossing improvements related to intercity passenger rail service1 mitigating environmental impacts1 communication and signalization improvements1 relocation assistance1 acquiring replacement housing sites1 and acquiring1 constructing1 relocating1 and rehabilitating replacement housing4 7#c7 ,high-performance rail ,the term high-performance rail means intercity passenger rail service that is designed to meet the current and future market demand for the transportation of people1 in terms of capacity1 travel times1 reliability1 and efficiency4 7#d7 ,intercity passenger rail service ,the term intercity passenger rail service has the meaning given the term intercity rail passenger transportation in section #bdajb4 7#e7 ,secretary ,the term ,secretary means the ,secretary of ,transportation4 7#f7 ,state ,the term ,state means any of the #ej ,states or the ,district of ,columbia4 7b7 ,establishment 7#a7 ,in general ,the ,secretary shall establish an intercity passenger rail service investment program to promote high-performance rail transportation options4 7#b7 ,grants authorized ,the ,secretary may award grants under this section to an applicant to finance capital projects for high-performance rail1 including grants awarded in installments for projects lasting longer than #a year4 7c7 ,applications ,each applicant seeking a grant under this section shall submit an application to the ,secretary in such form and containing such information as the ,secretary shall reasonably require4 7d7 ,competitive grant selection and criteria for grants 7#a7 ,in general ,the ,secretary shall-- 7,a7 establish criteria for selecting among capital projects that meet the criteria specified in paragraph 7#b72 7,b7 conduct a national solicitation for applications2 and 7,c7 award grants on a competitive basis4 7#b7 ,grant criteria ,in selecting the recipients of intercity passenger rail grants under subsection 7b77#b71 the ,secretary shall-- 7,a7 require-- 7i7 the project to be part of a ,state rail plan developed under chapter #bbg1 or under the plan required under section #baa of the ,passenger ,rail ,investment and ,improvement ,act of #bjjh 7#di ,u4,s4,c4 #bdijb note72 7ii7 the applicant or recipient to have the legal1 financial1 and technical capacity to carry out the project1 satisfactory continuing control over the use of the equipment or facilities1 and the capability and willingness to maintain the equipment or facilities2 7iii7 the project to be based on the results of preliminary engineering studies or other planning2 7iv7 the applicant to provide sufficient information upon which the ,secretary can make the findings required under this subsection2 7v7 if an applicant has selected the proposed operator of its service1 the applicant to provide written justification to the ,secretary showing why the proposed operator is the best1 taking into account costs and other factors2 7vi7 each proposed project to meet all safety and security requirements that are applicable to the project under law2 and 7vii7 each project to be compatible with1 and operated in conformance with-- 7,i7 plans developed pursuant to the requirements of section #ace of title #bc2 and 7,,ii7 the national rail plan 7if available72 7,b7 select high-performance rail projects-- 7i7 that are anticipated to result in significant improvements to intercity rail passenger service1 including consideration of the project's-- 7,i7 levels of estimated ridership1 increased on-time performance1 reduced trip time1 or additional service frequency to meet anticipated or existing demand2 7,,ii7 anticipated provision of intercity passenger rail service in historically and persistently unconnected and under-connected regions2 and 7,,iii7 anticipated favorable impact on air or highway traffic congestion1 capacity1 or safety2 7ii7 for which there is a high degree of confidence that the proposed project is feasible and will result in the anticipated benefits1 as indicated by-- 7,i7 the project's precommencement compliance with environmental protection requirements2 7,,ii7 the readiness of the project to be commenced2 and 7,,iii7 other relevant factors determined by the ,secretary2 and 7iii7 for which the level of the anticipated benefits compares favorably to the amount of ,federal funding requested under this section2 and 7,c7 give greater consideration to projects that-- 7i7 are anticipated to result in benefits to other modes of transportation and to the public at large1 including consideration of the project's-- 7,i7 encouragement of intermodal connectivity through provision of direct connections between train and transit stations1 airports1 bus terminals1 subway stations1 ferry ports1 and other modes of transportation2 7,,ii7 anticipated improvement of conventional intercity passenger1 freight1 or commuter rail operations2 7,,iii7 use of positive train control technologies2 7,,iv7 environmental benefits1 including projects that involve the purchase of environmentally sensitive1 fuel-efficient or electrified1 and cost-effective passenger rail equipment2 7,v7 anticipated reduction of greenhouse gas emissions2 7,,vi7 anticipated improvement of air quality and public health2 7,,vii7 anticipated positive economic and employment impacts1 including development in the areas near passenger stations1 historic districts1 or other opportunity zones2 7,,viii7 encouragement of ,state and private contributions toward station development1 energy and environmental efficiency1 and economic benefits2 and 7,,ix7 provision of enhanced access for persons with disabilities to intercity passenger rail service2 and 7ii7 incorporate equitable financial participation in the project's financing1 including consideration of-- 7,i7 donated or discounted interests in real or personal property2 7,,ii7 donated services2 7,,iii7 financial contributions by intercity passenger1 freight1 and commuter rail carriers commensurate with the benefit expected to their operations2 7,,iv7 financial commitments from host railroads1 non-,federal governmental entities1 nongovernmental entities1 and others2 and 7,v7 ,federal loans1 including loans under title ,v of the ,railroad ,revitalization and ,regulatory ,reform ,act of #aigf 7#de ,u4,s4,c4 #hba et seq474 7#c7 ,grant conditions ,the ,secretary shall require each recipient of a grant under this chapter to comply with the grant requirements under section #bbije4 7#d7 ,state rail plans ,state rail plans completed before the date of enactment of the ,passenger ,rail ,investment and ,improvement ,act of #bjjh that substantially meet the requirements of chapter #bbg of this title1 as determined by the ,secretary pursuant to section #bbgjf1 shall be deemed by the ,secretary to have met the requirements of paragraph 7#b77;,a77i7 of this subsection4 7e7 ,federal share 7#a7 ,in general ,the ,federal share of the cost of a capital project financed under this section shall not exceed #hj percent of the project's net capital cost4 7#b7 ,in-kind match ,the fair market value of in-kind contributions to a capital project financed under this section shall be treated as non-,federal matching funds for purposes of paragraph 7#a74 7#c7 ,loans ,the value of any ,federal loans paid back with non-,federal funds shall be treated as non-,federal matching funds for purposes of paragraph 7#a74 7f7 ,issuance of regulations ,not later than #a year after the date of the enactment of this section1 the ,secretary shall issue regulations to carry out this section4 7g7 ,authorization of appropriations 7#a7 ,in general ,there are authorized to be appropriated to the ,secretary to carry out this section #e1jjj1jjj1jjj for each of the fiscal years #bjba through #bjbe4 7#b7 ,availability of funds ,any amounts appropriated for a fiscal year pursuant to paragraph 7#a7 that remain unobligated at the end of such fiscal year shall be made available for eligible projects in the following fiscal year4 4 7b7 ,clerical amendment ,the chapter analysis for chapter #bfa of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 #bfajg4 ,intercity passenger rail service investment program4 4