(a) In general.—Chapter 1 of title 49, United States Code, is amended by adding at the end the following:

(b) Clerical amendment.—The analysis for chapter 1 of title 49, United States Code, is amended by inserting after the item relating to section 117 the following:

“118. Office of Multimodal Freight Infrastructure and Policy.”.

(c) Conforming amendments.—

(1) Section 70101(c) of title 49, United States Code, is amended, in the matter preceding paragraph (1), by striking “Under Secretary of Transportation for Policy” and inserting “Assistant Secretary for Multimodal Freight”.

(2) Section 70102 of title 49, United States Code, is amended—

(A) in subsection (a), in the matter preceding paragraph (1), by striking “Not later” and all that follows through “the Under Secretary of Transportation for Policy” and inserting “The Assistant Secretary for Multimodal Freight (referred to in this section as the ‘Assistant Secretary’)”;

(B) in subsection (b)(4), in the matter preceding subparagraph (A), by striking “Under Secretary” and inserting “Assistant Secretary”;

(C) in subsection (c), by striking “Under Secretary” and inserting “Assistant Secretary”; and

(D) in subsection (d), in the matter preceding paragraph (1), by striking “Under Secretary” and inserting “Assistant Secretary”.

(3) Section 70103 of title 49, United States Code, is amended—

(A) in subsection (a), in the matter preceding paragraph (1), by striking “Under Secretary of Transportation for Policy” and inserting “Assistant Secretary for Multimodal Freight (referred to in this section as the ‘Assistant Secretary’)”;

(B) by striking subsection (b);

(C) by redesignating subsections (c) and (d) as subsections (b) and (c), respectively;

(D) in subsection (b) (as so redesignated)—

(i) in the subsection heading, by striking “Final Network” and inserting “Designation of National Multimodal Freight Network”;

(ii) in paragraph (1), in the matter preceding subparagraph (A), by striking “Not later” and all that follows through “Under Secretary” and inserting “Assistant Secretary”;

(iii) in paragraph (2), in the matter preceding subparagraph (A), by striking “Under Secretary” and inserting “Assistant Secretary”; and

(iv) in paragraph (3), in the matter preceding subparagraph (A), by striking “Under Secretary” and inserting “Assistant Secretary”; and

(E) in subsection (c) (as so redesignated)—

(i) by striking “subsection (c)” each place it appears and inserting “subsection (b)”; and

(ii) by striking “Under Secretary” and inserting “Assistant Secretary”.

Section 70102(b) of title 49, United States Code, is amended—

(1) in paragraph (10), by striking “and” at the end;

(2) in paragraph (11), by striking the period at the end and inserting a semicolon; and

(3) by adding at the end the following:

“(12) best practices for reducing environmental impacts of freight movement (including stormwater runoff) and improving resiliency of the national multimodal freight system;

“(13) consideration of any potential unique impacts of the national freight system on rural and other underserved and historically disadvantaged communities;

“(14) strategies for decarbonizing freight movement, as appropriate; and

“(15) consideration of the impacts of e-commerce on the national multimodal freight system.”.

Subsection (b) of section 70103 of title 49, United States Code (as redesignated by section 1101(c)(3)(C)), is amended—

(1) in paragraph (3), by striking subparagraph (C) and inserting the following:

(2) in paragraph (4)—

(A) in subparagraph (C)(i), by striking “20 percent” and inserting “30 percent”; and

(B) by adding at the end the following:

“(E) CONDITION FOR ACCEPTANCE.—The Secretary shall accept from a State a designation under subparagraph (D) only if the Secretary determines that the designation meets the applicable requirements of subparagraph (A).”.

(a) In general.—Section 70202 of title 49, United States Code, is amended—

(1) in subsection (b)—

(A) in paragraph (9), by striking “and” at the end;

(B) by redesignating paragraph (10) as paragraph (16); and

(C) by inserting after paragraph (9) the following:

“(10) the most recent commercial motor vehicle parking facilities assessment conducted by the State under subsection (f);

“(11) the most recent supply chain cargo flows in the State, expressed by mode of transportation;

“(12) an inventory of commercial ports in the State;

“(13) if applicable, consideration of the findings or recommendations made by any multi-State freight compact to which the State is a party under section 70204;

“(14) the impacts of e-commerce on freight infrastructure in the State;

“(15) considerations of military freight; and”; and

(2) by adding at the end the following:

“(f) Commercial motor vehicle parking facilities assessments.—As part of the development or updating, as applicable, of a State freight plan under this section, each State that receives funding under section 167 of title 23, in consultation with relevant State motor carrier safety personnel, shall conduct an assessment of—

“(1) the capability of the State, together with the private sector in the State, to provide adequate parking facilities and rest facilities for commercial motor vehicles engaged in interstate transportation;

“(2) the volume of commercial motor vehicle traffic in the State; and

“(3) whether there exist any areas within the State with a shortage of adequate commercial motor vehicle parking facilities, including an analysis (economic or otherwise, as the State determines to be appropriate) of the underlying causes of such a shortage.”.

(b) Alignment of transportation planning.—Section 70202 of title 49, United States Code, is amended—

(1) in subsection (d), by striking “5-year” and inserting “8-year”; and

(2) in subsection (e)(1), by striking “5 years” and inserting “4 years”.

Not later than 30 days after the date of enactment of this Act, the Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that—

(1) describes the status of the designation of the final National Multimodal Freight Network required under section 70103 of title 49, United States Code;

(2) explains the reasons why the designation of the network referred to in paragraph (1) has not been finalized, if applicable; and

(3) estimates the date by which that network will be designated.

(a) In general.—Chapter 702 of title 49, United States Code, is amended—

(1) by redesignating section 70204 as section 70206; and

(2) by inserting after section 70203 the following:

(b) Clerical amendment.—The analysis for chapter 702 of title 49, United States Code, is amended by striking the item relating to section 70204 and inserting the following:

“70204. Multi-State freight corridor planning.
“70206. Savings provision.”.

Subtitle III of title 49, United States Code, is amended by adding at the end the following:

“6701. National infrastructure project assistance.
“6702. Local and regional project assistance.

(a) In general.—Chapter 67 of subtitle III of title 49, United States Code (as added by section 1201), is amended by adding at the end the following:

(b) Clerical amendment.—The analysis for subtitle III of title 49, United States Code, is amended by adding at the end the following:

SEC. 1203. National culvert removal, replacement, and restoration grant program.

(a) In general.—Section 117 of title 23, United States Code, is amended—

(1) in the section heading, by inserting “multimodal” before “freight”;

(2) in subsection (a)(2)—

(A) in subparagraph (C), by striking “highway” and inserting “freight”; and

(B) in subparagraph (E), by striking “highway” and inserting “freight”;

(3) in subsection (d)—

(A) in paragraph (1)(A)—

(i) in clause (iii)(II), by striking “or” after the semicolon at the end;

(ii) in clause (iv), by striking “and” at the end and inserting “or”; and

(iii) by adding at the end the following:

“(v) a highway, bridge, or freight project carried out on the National Multimodal Freight Network established under section 70103 of title 49; and”; and

(B) in paragraph (2), by striking “$600,000,000” and inserting “50 percent ”;

(4) in subsection (e)(1)—

(A) by striking “10 percent” and inserting “not less than 15 percent”;

(B) by striking “subsection (d)(1)(A)” and inserting “subsection (d)(1)”; and

(C) by striking “subsection (d)(1)(B)” and inserting “subsection (d)(2)”;

(5) in subsection (f)(2), by inserting “(including a project to replace or rehabilitate a culvert, or to reduce stormwater runoff for the purpose of improving habitat for aquatic species)” after “environmental mitigation”;

(6) in subsection (m), by striking paragraph (1) and inserting the following:

“(1) IN GENERAL.—Not later than 60 days before the date on which a grant is provided for a project under this section, the Secretary shall submit to the Committees on Commerce, Science, and Transportation and Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report describing the proposed grant, including—

“(A) an evaluation and justification for the applicable project; and

“(B) a description of the amount of the proposed grant award.”; and

(7) by adding at the end the following:

“(o) Additional authorization of appropriations.—In addition to amounts made available from the Highway Trust Fund, there are authorized to be appropriated to carry out this section, to remain available for a period of 3 fiscal years following the fiscal year for which the amounts are appropriated—

“(1) $1,100,000,000 for fiscal year 2022;

“(2) $1,200,000,000 for fiscal year 2023;

“(3) $1,300,000,000 for fiscal year 2024;

“(4) $1,400,000,000 for fiscal year 2025; and

“(5) $1,500,000,000 for fiscal year 2026.”.

(b) Conforming amendment.—Section 116(d)(1)(D) of title 49, United States Code, is amended by striking “freight and highway projects program” and inserting “multimodal freight and highway projects program”.

(a) In general.—Chapter 702 of title 49, United States Code (as amended by section 1106(a)), is amended by inserting after section 70204 the following:

(b) Clerical amendment.—The analysis for chapter 702 of title 49, United States Code (as amended by section 1106(b)), is amended by inserting after the item relating to section 70204 the following:

“70205. National multimodal cooperative freight research program.”.

(a) Definitions.—In this section:

(1) BUILD AMERICA BUREAU.—The term “Build America Bureau” means the National Surface Transportation and Innovative Finance Bureau established under section 116 of title 49, United States Code.

(2) ELIGIBLE ENTITY.—The term “eligible entity” means—

(A) a unit of local government or political subdivision that is located outside of an urbanized area with a population of more than 150,000 residents, as determined by the Bureau of the Census;

(B) a State seeking to advance a project located in an area described in subparagraph (A); and

(C) a federally recognized Indian Tribe.

(3) ELIGIBLE PROGRAM.—The term “eligible program” means any program described in—

(A) subparagraph (A), (B), or (D) of section 116(d)(1) of title 49, United States Code; or

(B) chapter 67 of that title (as added by section 1201).

(4) PILOT PROGRAM.—The term “pilot program” means the Rural and Tribal Assistance Pilot Program established under subsection (b)(1).

(b) Establishment.—

(1) IN GENERAL.—The Secretary shall establish within the Build America Bureau a pilot program, to be known as the “Rural and Tribal Assistance Pilot Program”, to provide to eligible entities the assistance and information described in paragraph (2).

(2) ASSISTANCE AND INFORMATION.—In carrying out the pilot program, the Secretary may provide to an eligible entity the following:

(A) Financial, technical, and legal assistance to evaluate potential projects reasonably expected to be eligible to receive funding or financing assistance under an eligible program.

(B) Assistance with development-phase activities, including—

(i) project planning;

(ii) feasibility studies;

(iii) revenue forecasting and funding and financing options analyses;

(iv) environmental review;

(v) preliminary engineering and design work;

(vi) economic assessments and cost-benefit analyses;

(vii) public benefit studies;

(viii) statutory and regulatory framework analyses;

(ix) value for money studies;

(x) evaluations of costs to sustain the project;

(xi) evaluating opportunities for private financing and project bundling; and

(xii) any other activity determined to be appropriate by the Secretary.

(C) Information regarding innovative financing best practices and case studies, if the eligible entity is interested in using innovative financing methods.

(c) Assistance from expert firms.—The Secretary may retain the services of expert firms, including counsel, in the field of municipal and project finance to assist in providing financial, technical, and legal assistance to eligible entities under the pilot program.

(d) Website.—

(1) DESCRIPTION OF PILOT PROGRAM.—

(A) IN GENERAL.—The Secretary shall make publicly available on the website of the Department a description of the pilot program, including—

(i) the resources available to eligible entities under the pilot program; and

(ii) the application process established under paragraph (2)(A).

(B) CLEARINGHOUSE.—The Secretary may establish a clearinghouse for tools, templates, and best practices on the page of the website of the Department that contains the information described in subparagraph (A).

(2) APPLICATIONS.—

(A) IN GENERAL.—Not later than 180 days after the date of enactment of this Act, the Secretary shall establish a process by which an eligible entity may submit to the Secretary an application under the pilot program, in such form and containing such information as the Secretary may require.

(B) ONLINE PORTAL.—The Secretary shall develop and make available to the public an online portal through which the Secretary may receive applications under subparagraph (A), on a rolling basis.

(C) APPROVAL.—

(i) IN GENERAL.—Not later than 60 days after the date on which the Secretary receives a complete application under subparagraph (A), the Secretary shall provide to each eligible entity that submitted the application a notice describing whether the application is approved or disapproved.

(ii) ADDITIONAL WRITTEN NOTIFICATION.—

(I) IN GENERAL.—Not later than 30 days after the date on which the Secretary provides to an eligible entity a notification under clause (i), the Secretary shall provide to the eligible entity an additional written notification of the approval or disapproval of the application.

(II) DISAPPROVED APPLICATIONS.—If the application of an eligible entity is disapproved under this subparagraph, the additional written notification provided to the eligible entity under subclause (I) shall include an offer for a written or telephonic debrief by the Secretary that will provide an explanation of, and guidance regarding, the reasons why the application was disapproved.

(iii) INSUFFICIENT APPLICATIONS.—The Secretary shall not approve an application under this subparagraph if the application fails to meet the applicable criteria established under this section.

(3) DASHBOARD.—The Secretary shall publish on the website of the Department a monthly report that includes, for each application received under the pilot program—

(A) the type of eligible entity that submitted the application;

(B) the location of each potential project described in the application;

(C) a brief description of the assistance requested;

(D) the date on which the Secretary received the application; and

(E) the date on which the Secretary provided the notice of approval or disapproval under paragraph (2)(C)(i).

(e) Experts.—An eligible entity that receives assistance under the pilot program may retain the services of an expert for any phase of a project carried out using the assistance, including project development, regardless of whether the expert is retained by the Secretary under subsection (c).

(f) Funding.—

(1) IN GENERAL.—For each of fiscal years 2022 through 2026, the Secretary may use to carry out the pilot program, including to retain the services of expert firms under subsection (c), any amount made available to the Secretary to provide credit assistance under an eligible program that is not otherwise obligated, subject to paragraph (2).

(2) LIMITATION.—The amount used under paragraph (1) to carry out the pilot program shall be not more than—

(A) $1,600,000 for fiscal year 2022;

(B) $1,800,000 for fiscal year 2023;

(C) $2,000,000 for fiscal year 2024;

(D) $2,200,000 for fiscal year 2025; and

(E) $2,400,000 for fiscal year 2026.

(3) GEOGRAPHICAL DISTRIBUTION.—Not more than 20 percent of the funds made available to carry out the pilot program for a fiscal year may be used for projects in a single State during that fiscal year.

(g) Sunset.—The pilot program shall terminate on the date that is 5 years after the date of enactment of this Act.

(h) Nonapplicability.—Nothing in this section limits the ability of the Build America Bureau or the Secretary to establish or carry out any other assistance program under title 23 or title 49, United States Code.

(i) Administration by Build America Bureau.—Section 116(d)(1) of title 49, United States Code, is amended by adding at the end the following:

“(E) The Rural and Tribal Assistance Pilot Program established under section 1206(b)(1) of the Surface Transportation Investment Act of 2021”..”.

(a) Codification of title V of the Railroad Revitalization and Regulatory Reform Act of 1976.—Part B of subtitle V of title 49, United States Code, is amended—

(1) by inserting after chapter 223 the following chapter analysis:

(2) by inserting after the chapter analysis the following section headings:

(3) by inserting after the section heading for section 22401, as added by paragraph (2), the text of section 501 of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 821);

(4) by inserting after the section heading for section 22402, as added by paragraph (2), the text of section 502 of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 822);

(5) by inserting after the section heading for section 22403, as added by paragraph (2), the text of section 503 of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 823); and

(6) by inserting after the section heading for section 22404, as added by paragraph (2), the text of section 504 of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 836).

(b) Conforming repeals.—

(1) IN GENERAL.—Sections 501, 502, 503, and 504 of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 821, 822, 823, and 836) are repealed.

(2) SAVINGS PROVISION.—The section repeals under paragraph (1) shall not affect the rights and duties that matured under such sections, the penalties that were incurred under such sections, or any proceeding authorized under any such section that commenced before the date of enactment of this Act.

(c) Definitions.—Section 22401 of title 49, United States Code, as added by subsection (a)(2), and amended by subsection (a)(3), is further amended—

(1) in the matter preceding paragraph (1), by striking “For purposes of this title:” and inserting “In this chapter:”;

(2) by amending paragraph (12) to read as follows:

“(12) The term ‘railroad’ includes—

“(A) any ‘railroad’ or ‘railroad carrier’ (as such terms are defined in section 20102); and

“(B) any ‘rail carrier’ (as defined in section 24102).”;

(3) by redesignating paragraph (14) as paragraph (15); and

(4) by inserting after paragraph (13) the following:

“(14) The term ‘Secretary’ means the Secretary of Transportation.”.

(d) Direct loans and loan guarantees.—Section 22402 of title 49, United States Code, as added by subsection (a)(2), and amended by subsection (a)(4), is further amended—

(1) in subsection (a)—

(A) in paragraph (2), by inserting “entities implementing” before “interstate compacts”;

(B) in paragraph (5), by striking “and” at the end; and

(C) by striking paragraph (6) and inserting the following:

“(6) limited option freight shippers that own or operate a plant or other facility, solely for the purpose of constructing a rail connection between a plant or facility and a railroad; and

“(7) private entities with controlling ownership in 1 or more freight railroads other than Class I carriers.”;

(2) in subsection (b)—

(A) by amending paragraph (1) to read as follows:

“(1) IN GENERAL.—Direct loans and loan guarantees authorized under this section shall be used—

“(A) to acquire, improve, or rehabilitate intermodal or rail equipment or facilities, including track, components of track, cuts and fills, stations, tunnels, bridges, yards, buildings, and shops, and costs related to these activities, including pre-construction costs;

“(B) to develop or establish new intermodal or railroad facilities;

“(C) to develop landside port infrastructure for seaports serviced by rail;

“(D) to refinance outstanding debt incurred for the purposes described in subparagraph (A), (B), or (C);

“(E) to reimburse planning, permitting, and design expenses relating to activities described in subparagraph (A), (B), or (C); or

“(F) to finance economic development, including commercial and residential development, and related infrastructure and activities, that—

“(i) incorporates private investment of greater than 20 percent of total project costs;

“(ii) is physically connected to, or is within ¹⁄2 mile of, a fixed guideway transit station, an intercity bus station, a passenger rail station, or a multimodal station that includes rail service;

“(iii) demonstrates the ability of the applicant to commence the contracting process for construction not later than 90 days after the date on which the direct loan or loan guarantee is obligated for the project under this chapter; and

“(iv) demonstrates the ability to generate new revenue for the relevant passenger rail station or service by increasing ridership, increasing tenant lease payments, or carrying out other activities that generate revenue exceeding costs.”; and

(B) by striking paragraph (3);

(3) in subsection (c)—

(A) in paragraph (1), by striking “of title 49, United States Code”; and

(B) in paragraph (5), by striking “title 49, United States Code,” and inserting “this title”;

(4) in subsection (e), by amending paragraph (1) to read as follows:

“(1) DIRECT LOANS.—The interest rate on a direct loan under this section shall be not less than the yield on United States Treasury securities of a similar maturity to the maturity of the secured loan on the date of execution of the loan agreement.”;

(5) in subsection (f)—

(A) in paragraph (3)—

(i) in the matter preceding subparagraph (A)—

(I) by striking “An applicant may propose and” and inserting “Upon receipt of a proposal from an applicant under this section,”; and

(II) by striking “tangible asset” and inserting “collateral described in paragraph (6)”;

(ii) in subparagraph (B)(ii), by inserting “, including operating or tenant charges, facility rents, or other fees paid by transportation service providers or operators for access to, or the use of, infrastructure, including rail lines, bridges, tunnels, yards, or stations” after “user fees”;

(iii) in subparagraph (C), by striking “$75,000,000” and inserting “$150,000,000”; and

(iv) by adding at the end the following:

“(D) Revenue from projected freight or passenger demand for the project based on regionally developed economic forecasts, including projections of any modal diversion resulting from the project.”; and

(B) by adding at the end the following:

“(5) COHORTS OF LOANS.—For any direct loan issued before the date of enactment of the Fixing America’s Surface Transportation Act (Public Law 114–94) pursuant to sections 501 through 504 of the Railroad Revitalization and Regulatory Reform Act of 1976 (Public Law 94–210), the Secretary shall repay the credit risk premiums of such loan, with interest accrued thereon, not later than—

“(A) 60 days after the date of enactment of the Surface Transportation Investment Act of 2021 if the borrower has satisfied all obligations attached to such loan; or

“(B) if the borrower has not yet satisfied all obligations attached to such loan, 60 days after the date on which all obligations attached to such loan have been satisfied.

“(6) COLLATERAL.—

“(A) TYPES OF COLLATERAL.—An applicant or infrastructure partner may propose tangible and intangible assets as collateral, exclusive of goodwill. The Secretary, after evaluating each such asset—

“(i) shall accept a net liquidation value of collateral; and

“(ii) shall consider and may accept—

“(I) the market value of collateral; or

“(II) in the case of a blanket pledge or assignment of an entire operating asset or basket of assets as collateral, the market value of assets, or, the market value of the going concern, considering—

“(aa) inclusion in the pledge of all the assets necessary for independent operational utility of the collateral, including tangible assets such as real property, track and structure, motive power, equipment and rolling stock, stations, systems and maintenance facilities and intangible assets such as long-term shipping agreements, easements, leases and access rights such as for trackage and haulage;

“(bb) interchange commitments; and

“(cc) the value of the asset as determined through the cost or market approaches, or the market value of the going concern, with the latter considering discounted cash flows for a period not to exceed the term of the direct loan or loan guarantee.

“(B) APPRAISAL STANDARDS.—In evaluating appraisals of collateral under subparagraph (A), the Secretary shall consider—

“(i) adherence to the substance and principles of the Uniform Standards of Professional Appraisal Practice, as developed by the Appraisal Standards Board of the Appraisal Foundation; and

“(ii) the qualifications of the appraisers to value the type of collateral offered.

“(7) REPAYMENT OF CREDIT RISK PREMIUMS.—The Secretary shall return credit risk premiums paid, and interest accrued on such premiums, to the original source when all obligations of a loan or loan guarantee have been satisfied. This paragraph applies to any project that has been granted assistance under this section after the date of enactment of the Surface Transportation Investment Act of 2021.”;

(6) in subsection (g), by amending paragraph (1) the read as follows:

“(1) repayment of the obligation is required to be made within a term that is not longer than the shorter of—

“(A) 75 years after the date of substantial completion of the project;

“(B) the estimated useful life of the rail equipment or facilities to be acquired, rehabilitated, improved, developed, or established, subject to an adequate determination of long-term risk; or

“(C) for projects determined to have an estimated useful life that is longer than 35 years, the period that is equal to the sum of—

“(i) 35 years; and

“(ii) the product of—

“(I) the difference between the estimated useful life and 35 years; multiplied by

“(II) 75 percent.”;

(7) in subsection (h)—

(A) in paragraph (3)(B), by striking “section 836 of this title” and inserting “section 22404”; and

(B) in paragraph (4), by striking “(b)(1)(E)” and inserting “(b)(1)(F)”;

(8) in subsection (i)—

(A) by amending paragraph (4) to read as follows:

“(4) STREAMLINE APPLICATION REVIEW PROCESS.—

“(A) IN GENERAL.—Not later than 180 days after the date of enactment of the Surface Transportation Investment Act of 2021, the Secretary shall implement procedures and measures to economize and make available an expedited application process or processes at the request of applicants seeking loans or loan guarantees.

“(B) CRITERIA.—Applicants seeking loans and loan guarantees under this section shall—

“(i) seek a total loan or loan guarantee value not exceeding $150,000,000;

“(ii) meet eligible project purposes described in subparagraphs (A) and (B) of subsection (b)(1); and

“(iii) meet other criteria considered appropriate by the Secretary, in consultation with the Council on Credit and Finance of the Department of Transportation.

“(C) EXPEDITED CREDIT REVIEW.—The total period between the submission of an application and the approval or disapproval of an application for a direct loan or loan guarantee under this paragraph may not exceed 90 days. If an application review conducted under this paragraph exceeds 90 days, the Secretary shall—

“(i) provide written notice to the applicant, including a justification for the delay and updated estimate of the time needed for approval or disapproval; and

“(ii) publish the notice on the dashboard described in paragraph (5).”;

(B) in paragraph (5)—

(i) in subparagraph (E), by striking “and” at the end;

(ii) in subparagraph (F), by adding “; and” at the end; and

(iii) by adding at the end the following:

“(G) whether the project utilized the expedited application process under paragraph (4).”; and

(C) by adding at the end the following:

“(6) CREDITWORTHINESS REVIEW STATUS.—

“(A) IN GENERAL.—The Secretary shall maintain status information related to each application for a loan or loan guarantee, which shall be provided to the applicant upon request, including—

“(i) the total value of the proposed loan or loan guarantee;

“(ii) the name of the applicant or applicants submitting the application;

“(iii) the proposed capital structure of the project to which the loan or loan guarantee would be applied, including the proposed Federal and non-Federal shares of the total project cost;

“(iv) the type of activity to receive credit assistance, including whether the project is new construction, the rehabilitation of existing rail equipment or facilities, or the refinancing an existing loan or loan guarantee;

“(v) if a deferred payment is proposed, the length of such deferment;

“(vi) the credit rating or ratings provided for the applicant;

“(vii) if other credit instruments are involved, the proposed subordination relationship and a description of such other credit instruments;

“(viii) a schedule for the readiness of proposed investments for financing;

“(ix) a description of any Federal permits required, including under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and any waivers under section 5323(j) (commonly known as the ‘Buy America Act’);

“(x) other characteristics of the proposed activity to be financed, borrower, key agreements, or the nature of the credit that the Secretary considers to be fundamental to the creditworthiness review;

“(xi) the status of the application in the pre-application review and selection process;

“(xii) the cumulative amounts paid by the Secretary to outside advisors related to the application, including financial and legal advisors;

“(xiii) a description of the key rating factors used by the Secretary to determine credit risk, including—

“(I) the factors used to determine risk for the proposed application; and

“(II) an adjectival risk rating for each identified factor, ranked as either low, moderate, or high;

“(xiv) a nonbinding estimate of the credit risk premium, which may be in the form of—

“(I) a range, based on the assessment of risk factors described in clause (xiii); or

“(II) a justification for why the estimate of the credit risk premium cannot be determined based on available information; and

“(xv) a description of the key information the Secretary needs from the applicant to complete the credit review process and make a final determination of the credit risk premium.

“(B) REPORT UPON REQUEST.—The Secretary shall provide the information described in subparagraph (A) not later than 30 days after a request from the applicant.

“(C) EXCEPTION.—Applications processed using the streamline application review process under paragraph (4) are not subject to the requirements under this paragraph.”; and

(9) by adding at the end the following:

“(n) Non-Federal share.—The proceeds of a loan provided under this section may be used as the non-Federal share of project costs for any grant program administered by the Secretary if such loan is repayable from non-Federal funds.”.

(e) Administration of direct loans and loan guarantees.—Section 22403 of title 49, United States Code, as added by subsection (a)(2), and amended by subsection (a)(5), is further amended—

(1) in subsection (a)—

(A) by striking “The Secretary shall” and inserting the following:

“(1) IN GENERAL.—The Secretary shall”; and

(B) by adding at the end the following:

“(2) DOCUMENTATION.—An applicant meeting the size standard for small business concerns established under section 3(a)(2) of the Small Business Act (15 U.S.C. 632(a)(2)) may provide unaudited financial statements as documentation of historical financial information if such statements are accompanied by the applicant’s Federal tax returns and Internal Revenue Service tax verifications for the corresponding years.”; and

(2) in subsection (m), by striking “section 822 of this title” and inserting “section 22402”.

(f) Authorization of appropriations.—Chapter 224 of title 49, United States Code, as added by subsection (a), and amended by subsections (b) through (e), is further amended by adding at the end the following:

(g) Clerical amendment.—The analysis for title 49, United States Code, is amended by inserting after the item relating to chapter 223 the following:

• “224. Railroad rehabilitation and improvement financing 22401”.

(h) Technical and conforming amendments.—

(1) NATIONAL TRAILS SYSTEM ACT.—Section 8(d) of the National Trails System Act (16 U.S.C. 1247(d)) is amended by inserting “(45 U.S.C. 801 et seq.) and chapter 224 of title 49, United States Code” after “1976”.

(2) PASSENGER RAIL REFORM AND INVESTMENT ACT.—Section 11315(c) of the Passenger Rail Reform and Investment Act of 2015 (23 U.S.C. 322 note; Public Law 114–94) is amended by striking “sections 502 and 503 of the Railroad Revitalization and Regulatory Reform Act of 1976” and inserting “sections 22402 and 22403 of title 49, United States Code”.

(3) PROVISIONS CLASSIFIED IN TITLE 45, UNITED STATES CODE.—

(A) RAILROAD REVITALIZATION AND REGULATORY REFORM ACT OF 1976.—Section 101 of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 801) is amended—

(i) in subsection (a), in the matter preceding paragraph (1), by striking “It is the purpose of the Congress in this Act to” and inserting “The purpose of this Act and chapter 224 of title 49, United States Code, is to”; and

(ii) in subsection (b), in the matter preceding paragraph (1), by striking “It is declared to be the policy of the Congress in this Act” and inserting “The policy of this Act and chapter 224 of title 49, United States Code, is”.

(B) RAILROAD INFRASTRUCTURE FINANCING IMPROVEMENT ACT.—The Railroad Infrastructure Financing Improvement Act (subtitle F of title XI of Public Law 114–94)—

(i) in section 11607(b) (45 U.S.C. 821 note), by striking “All provisions under sections 502 through 504 of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 801 et seq.)” and inserting “All provisions under section 22402 through 22404 of title 49, United States Code,”; and

(ii) in section 11610(b) (45 U.S.C. 821 note), by striking “section 502(f) of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 822(f)), as amended by section 11607 of this Act” and inserting “section 22402(f) of title 49, United States Code”.

(C) TRANSPORTATION EQUITY ACT FOR THE 21ST CENTURY.—Section 7203(b)(2) of the Transportation Equity Act for the 21st Century (Public Law 105–178; 45 U.S.C. 821 note) is amended by striking “title V of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 821 et seq.)” and inserting “chapter 224 of title 49, United States Code,”.

(D) HAMM ALERT MARITIME SAFETY ACT OF 2018.—Section 212(d)(1) of Hamm Alert Maritime Safety Act of 2018 (title II of Public Law 115–265; 45 U.S.C. 822 note) is amended, in the matter preceding subparagraph (A), by striking “for purposes of section 502(f)(4) of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 822(f)(4))” and inserting “for purposes of section 22402 of title 49, United States Code”.

(E) MILWAUKEE RAILROAD RESTRUCTURING ACT.—Section 15(f) of the Milwaukee Railroad Restructuring Act (45 U.S.C. 914(f)) is amended by striking “Section 516 of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 836)” and inserting “Section 22404 of title 49, United States Code,”.

(F) ROCK ISLAND RAILROAD TRANSITION AND EMPLOYEE ASSISTANCE ACT.—Section 104(b) of the Rock Island Railroad Transition and Employee Assistance Act (45 U.S.C. 1003(b)) is amended—

(i) in paragraph (1)—

(I) by striking “title V of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 821 et seq.)” and inserting “chapter 224 of title 49, United States Code,”; and

(II) by striking “and section 18(b) of the Milwaukee Railroad Restructuring Act”; and

(ii) in paragraph (2), by striking “title V of the Railroad Revitalization and Regulatory Reform Act of 1976, and section 516 of such Act (45 U.S.C. 836)” and inserting “chapter 224 of title 49, United States Code, including section 22404 of such title,”.

(G) PASSENGER RAIL INVESTMENT AND IMPROVEMENT ACT OF 2008.—Section 205(g) of the Passenger Rail Investment and Improvement Act of 2008 (division B of Public Law 110–432; 49 U.S.C. 24101 note) is amended by striking “title V of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 821 et seq.)” and inserting “chapter 224 of title 49, United States Code”.

(H) PASSENGER RAIL REFORM AND INVESTMENT ACT OF 2015.—Section 11311(d) of the Passenger Rail Reform and Investment Act of 2015 (Public Law 114–94; 49 U.S.C. 20101 note) is amended by striking “, and section 502 of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 822)”.

(4) TITLE 49.—

(A) NATIONAL SURFACE TRANSPORTATION AND INNOVATIVE FINANCE BUREAU.—Section 116(d)(1)(B) of title 49, United States Code, is amended by striking “sections 501 through 503 of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 821–823)” and inserting “sections 22401 through 22403”.

(B) PROHIBITED DISCRIMINATION.—Section 306(b) of title 49, United States Code, is amended—

(i) by striking “chapter 221 or 249 of this title,” and inserting “chapter 221, 224, or 249 of this title, or”; and

(ii) by striking “, or title V of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 821 et seq.)”.

(C) GRANT CONDITIONS.—Section 22905(c)(2)(B) of title 49, United States Code, is amended by striking “section 504 of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 836)” and inserting “section 22404”.

(D) AMTRAK AUTHORITY.—Section 24903 of title 49, United States Code, is amended—

(i) in subsection (a)(6), by striking “and the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 801 et seq.)” and inserting “, the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 801 et seq.), and chapter 224 of this title”; and

(ii) in subsection (c)(2), by striking “and the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 801 et seq.)” and inserting “, the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 801 et seq.), and chapter 224 of this title”.

Not later than 180 days after the date of enactment of this Act, the Secretary shall update the publicly available credit program guide in accordance with the provisions of chapter 224 of title 49, United States Code, as added by section 1301.

Not later than 6 months after the date of enactment of this Act, and every 6 months thereafter, the Secretary shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives that identifies—

(1) the number of applications submitted to the Department for a direct loan or loan guarantee under section 22402(b)(1)(E) of title 49, United States Code, as amended by section 1301;

(2) the number of such loans or loan guarantees that were provided to the applicants; and

(3) for each such application, the reasons for providing or declining to provide the requested loan or loan guarantee.

This title may be cited as the “Passenger Rail Expansion and Rail Safety Act of 2021”.

(a) Northeast Corridor.—There are authorized to be appropriated to the Secretary for grants to Amtrak for activities associated with the Northeast Corridor the following amounts:

(1) For fiscal year 2022, $1,570,000,000.

(2) For fiscal year 2023, $1,100,000,000.

(3) For fiscal year 2024, $1,200,000,000.

(4) For fiscal year 2025, $1,300,000,000.

(5) For fiscal year 2026, $1,400,000,000.

(b) National Network.—There are authorized to be appropriated to the Secretary for grants to Amtrak for activities associated with the National Network the following amounts:

(1) For fiscal year 2022, $2,300,000,000.

(2) For fiscal year 2023, $2,200,000,000.

(3) For fiscal year 2024, $2,450,000,000.

(4) For fiscal year 2025, $2,700,000,000.

(5) For fiscal year 2026, $3,000,000,000.

(c) Oversight.—The Secretary may withhold up to 0.5 percent from the amount appropriated for each fiscal year pursuant to subsections (a) and (b) for the costs of oversight of Amtrak.

(d) State-Supported Route Committee.—The Secretary may withhold up to $3,000,000 from the amount appropriated for each fiscal year pursuant to subsection (b) for use by the State-Supported Route Committee established under section 24712(a) of title 49, United States Code.

(e) Northeast Corridor Commission.—The Secretary may withhold up to $6,000,000 from the amount appropriated for each fiscal year pursuant to subsection (a) for use by the Northeast Corridor Commission established under section 24905(a) of title 49, United States Code.

(f) Interstate rail compacts.—The Secretary may withhold up to $3,000,000 from the amount appropriated for each fiscal year pursuant to subsection (b) for grants authorized under section 22910 of title 49, United States Code.

(g) Accessibility upgrades.—

(1) IN GENERAL.—The Secretary shall withhold $50,000,000 from the amount appropriated for each fiscal year pursuant to subsections (a) and (b) for grants to assist Amtrak in financing capital projects to upgrade the accessibility of the national rail passenger transportation system by increasing the number of existing facilities that are compliant with the requirements under the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) until the Secretary determines Amtrak’s existing facilities are in compliance with such requirements.

(2) SAVINGS PROVISION.—Nothing in paragraph (1) may be construed to prevent Amtrak from using additional funds appropriated pursuant to this section to carry out the activities authorized under such paragraph.

(h) Corridor development.—In addition to the activities authorized under subsection (b), Amtrak may use up to 10 percent of the amounts appropriated under subsection (b) in each fiscal year to support Amtrak-operated corridors selected under section 2306 for—

(1) planning and capital costs; and

(2) operating assistance consistent with the Federal funding limitations under section 22908 of title 49, United States Code.

(a) Safety and operations.—There are authorized to be appropriated to the Secretary for the operations of the Federal Railroad Administration and to carry out railroad safety activities the following amounts:

(1) For fiscal year 2022, $248,000,000.

(2) For fiscal year 2023, $254,000,000.

(3) For fiscal year 2024, $263,000,000.

(4) For fiscal year 2025, $271,000,000.

(5) For fiscal year 2026, $279,000,000.

(b) Railroad research and development.—There are authorized to be appropriated to the Secretary for the use of the Federal Railroad Administration for activities associated with railroad research and development the following amounts:

(1) For fiscal year 2022, $43,000,000.

(2) For fiscal year 2023, $44,000,000.

(3) For fiscal year 2024, $45,000,000.

(4) For fiscal year 2025, $46,000,000.

(5) For fiscal year 2026, $47,000,000.

(c) Transportation technology center.—The Secretary may withhold up to $3,000,000 from the amount appropriated for each fiscal year pursuant to subsection (b) for activities authorized under section 20108(d) of title 49, United States Code.

(d) Rail Research and Development Center of Excellence.—The Secretary may withhold up to 10 percent of the amount appropriated for each fiscal year under subsection (b) for grants authorized under section 20108(j) of title 49, United States Code.

(a) In general.—There is authorized to be appropriated to the Secretary for grants under section 22907 of title 49, United States Code, $1,000,000,000 for each of fiscal years 2022 through 2026.

(b) Oversight.—The Secretary may withhold up to 2 percent from the amount appropriated for each fiscal year pursuant to subsection (a) for the costs of project management oversight of grants authorized under title 49, United States Code.

(a) In general.—There is authorized to be appropriated to the Secretary for grants under section 22909 of title 49, United States Code, as added by section 2305, $500,000,000 for each of fiscal years 2022 through 2026.

(b) Planning projects.—Not less than 3 percent of the amount appropriated in each fiscal year pursuant to subsection (a) year shall be used for planning projects described in section 22909(d)(6) of title 49, United States Code.

(c) Highway-Rail grade crossing safety information and education program.—Of the amount appropriated under subsection (a) in each fiscal year, 0.25 percent shall be used for contracts or grants to carry out a highway-rail grade crossing safety information and education program—

(1) to help prevent and reduce pedestrian, motor vehicle, and other accidents, incidents, injuries, and fatalities; and

(2) to improve awareness along railroad rights-of-way and at highway-rail grade crossings.

(d) Oversight.—The Secretary may withhold up to 2 percent from the amount appropriated for each fiscal year pursuant to subsection (a) for the costs of project management oversight of grants authorized under title 49, United States Code.

(a) In general.—There is authorized to be appropriated to the Secretary for grants under section 22908 of title 49, United States Code, $50,000,000 for each of fiscal years 2022 through 2026.

(b) Oversight.—The Secretary may withhold up to 1 percent of the amount appropriated for each fiscal year pursuant to subsection (a) for the costs of project management oversight of grants authorized under section 22908 of title 49, United States Code.

(a) In general.—There is authorized to be appropriated to the Secretary for grants under section 24911 of title 49, United States Code, $1,500,000,000 for each of fiscal years 2022 through 2026.

(b) Oversight.—The Secretary may withhold up to 2 percent of the amount appropriated under subsection (a) for the costs of project management oversight of grants authorized under title 49, United States Code.

There are authorized to be appropriated to the Office of Inspector General of Amtrak the following amounts:

(1) For fiscal year 2022, $26,500,000.

(2) For fiscal year 2023, $27,000,000.

(3) For fiscal year 2024, $27,500,000.

(4) For fiscal year 2025, $28,000,000.

(5) For fiscal year 2026, $28,500,000.

(a) Findings.—Section 24101(a) of title 49, United States Code, is amended—

(1) in paragraph (1), by striking “between crowded urban areas and in other areas of” and inserting “throughout”;

(2) in paragraph (4), by striking “to Amtrak to achieve a performance level sufficient to justify expending public money” and inserting “in order to meet the intercity passenger rail needs of the United States”;

(3) in paragraph (5)—

(A) by inserting “intercity passenger and” before “commuter”; and

(B) by inserting “and rural” after “major urban;” and

(4) by adding at the end the following:

“(9) Long-distance routes are valuable resources of the United States that are used by rural and urban communities.”.

(b) Goals.—Section 24101(c) of title 49, United States Code, is amended—

(1) by amending paragraph (1) to read as follows:

“(1) use its best business judgment in acting to maximize the benefits of Federal investments, including—

“(A) offering competitive fares;

“(B) increasing revenue from the transportation of mail and express;

“(C) offering food service that meets the needs of its customers;

“(D) improving its contracts with rail carriers over whose tracks Amtrak operates;

“(E) controlling or reducing management and operating costs; and

“(F) providing economic benefits to the communities it serves;”;

(2) in paragraph (11), by striking “and” at the end;

(3) in paragraph (12), by striking the period at the end and inserting “; and”; and

(4) by adding at the end the following:

“(13) support and maintain established long-distance routes to provide value to the Nation by serving customers throughout the United States and connecting urban and rural communities.”.

(c) Increasing revenues.—Section 24101(d) of title 49, United States Code, is amended to read as follows:

“(d) Increasing revenues.—Amtrak is encouraged to make agreements with private sector entities and to undertake initiatives that are consistent with good business judgment and designed to generate additional revenues to advance the goals described in subsection (c).”.

(a) Selection; composition; chair.—Section 24302(a) of title 49, United States Code, is amended—

(1) in paragraph (1)—

(A) in subparagraph (B), by striking “President” and inserting “Chief Executive Officer”; and

(B) in subparagraph (C), by striking “or a” and inserting “(including individuals with disabilities) or of a”;

(2) in paragraph (2), by striking “and try to provide adequate and balanced representation of the major geographic regions of the United States served by Amtrak”;

(3) by redesignating paragraph (5) as paragraph (7); and

(4) by striking paragraph (4) and inserting the following:

“(4) Of the individuals appointed pursuant to paragraph (1)(C)—

“(A) 2 individuals shall reside in or near a location served by a regularly scheduled Amtrak service along the Northeast Corridor;

“(B) 4 individuals shall reside in or near regions of the United States that are geographically distributed outside of the Northeast Corridor, of whom—

“(i) 2 individuals shall reside in States served by a long-distance route operated by Amtrak;

“(ii) 2 individuals shall reside in States served by State-supported routes operated by Amtrak; and

“(iii) an individual who resides in a State that is served by a State-supported route and a long-distance route may be appointed to serve either position referred to in clauses (i) and (ii);

“(C) 2 individuals shall reside either—

“(i) in or near a location served by a regularly scheduled Amtrak service on the Northeast Corridor; or

“(ii) in a State served by long-distance or State-supported routes; and

“(D) each individual appointed to the Board pursuant to this paragraph may only fill 1 of the allocations set forth in subparagraphs (A) through (C).

“(5) The Board shall elect a chairperson and vice chairperson, other than the Chief Executive Officer of Amtrak, from among its membership. The vice chairperson shall act as chairperson in the absence of the chairperson.

“(6) The Board shall meet at least annually with—

“(A) representatives of Amtrak employees;

“(B) representatives of persons with disabilities; and

“(C) the general public, in an open meeting with a virtual attendance option, to discuss financial performance and service results.”.

(b) Rule of construction.—None of the amendments made by subsection (a) may be construed as affecting the term of any director serving on the Amtrak Board of Directors under section 24302(a)(1)(C) of title 49, United States Code, as of the date of enactment of this Act.

Section 24312 of title 49, United States Code, is amended by adding at the end the following:

“(c) Availability of station agents.—

“(1) IN GENERAL.—Except as provided in paragraph (2), beginning on the date that is 1 year after the date of enactment of the Passenger Rail Expansion and Rail Safety Act of 2021, Amtrak shall ensure that at least 1 Amtrak ticket agent is employed at each station building—

“(A) that Amtrak owns, or operates service through, as part of a long-distance or Northeast Corridor passenger service route;

“(B) where at least 1 Amtrak ticket agent was employed on or after October 1, 2017; and

“(C) for which an average of 40 passengers boarded or deboarded an Amtrak vehicle per day during all of the days in fiscal year 2017 when the station was serviced by Amtrak, regardless of the number of Amtrak vehicles servicing the station per day.

“(2) EXCEPTION.—Paragraph (1) shall not apply to any station building in which a commuter rail ticket agent has the authority to sell Amtrak tickets.”.

(a) Amtrak annual operations report.—Section 24315(a)(1) of title 49, United States Code, is amended—

(1) in subparagraph (G), by striking “and” at the end;

(2) in subparagraph (H), by adding “and” at the end; and

(3) by adding at the end the following:

“(I) any change made to a route’s or service’s frequency or station stops;”.

(b) 5-Year business line plans.—Section 24320(b)(2) of title 49, United States Code, is amended—

(1) by redesignating subparagraphs (B) through (L) as subparagraphs (C) through (M), respectively; and

(2) by inserting after subparagraph (A) the following:

“(B) a detailed description of any plans to permanently change a route’s or service’s frequency or station stops for the service line;”.

Section 24317 of title 49, United States Code, is amended—

(1) in subsection (a)(2), by striking “and costs among Amtrak business lines” and inserting “, including Federal grant funds, and costs among Amtrak service lines”;

(2) by amending subsection (b) to read as follows:

“(b) Account structure.—

“(1) IN GENERAL.—The Secretary of Transportation, in consultation with Amtrak, shall define, maintain, and periodically update an account structure and improvements to accounting methodologies, as necessary, to support the Northeast Corridor and the National Network.

“(2) NOTIFICATION OF SUBSTANTIVE CHANGES.—The Secretary shall notify the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Appropriations of the Senate, the Committee on Transportation and Infrastructure of the House of Representatives, and the Committee on Appropriations of the House of Representatives regarding any substantive changes made to the account structure, including changes to—

“(A) the service lines described in section 24320(b)(1); and

“(B) the asset lines described in section 24320(c)(1).”;

(3) in subsection (c), in the matter preceding paragraph (1), by inserting “, maintaining, and updating” after “defining”;

(4) in subsection (d), in the matter preceding paragraph (1), by inserting “, maintaining, and updating” after “defining”;

(5) by amending subsection (e) to read as follows:

“(e) Implementation and reporting.—

“(1) IN GENERAL.—Amtrak, in consultation with the Secretary of Transportation, shall maintain and implement any account structures and improvements defined under subsection (b) to enable Amtrak to produce sources and uses statements for each of the service lines described in section 24320(b)(1) and, as appropriate, each of the asset lines described in section 24320(c)(1), that identify sources and uses of revenues, appropriations, and transfers between accounts.

“(2) UPDATED SOURCES AND USES STATEMENTS.—Not later than 30 days after the implementation of subsection (b), and monthly thereafter, Amtrak shall submit to the Secretary of Transportation updated sources and uses statements for each of the service lines and asset lines referred to in paragraph (1). The Secretary and Amtrak may agree to a different frequency of reporting.”;

(6) by striking subsection (h); and

(7) by redesignating subsection (i) as subsection (h).

(a) Allocation of costs and revenues.—Section 24318(a) of title 49, United States Code, is amended by striking “Not later than 180 days after the date of enactment of the Passenger Rail Reform and Investment Act of 2015,”.

(b) Grant process and reporting.—Section 24319 of title 49, United States Code, is amended—

(1) in the section heading, by inserting “and reporting” after “process”;

(2) by amending subsection (a) to read as follows:

“(a) Procedures for grant requests.—The Secretary of Transportation shall—

“(1) establish and maintain substantive and procedural requirements, including schedules, for grant requests under this section; and

“(2) report any changes to such procedures to—

“(A) the Committee on Commerce, Science, and Transportation of the Senate;

“(B) the Committee on Appropriations of the Senate;

“(C) the Committee on Transportation and Infrastructure of the House of Representatives; and

“(D) the Committee on Appropriations of the House of Representatives.”;

(3) by amending subsection (c) to read as follows:

“(c) Contents.—

“(1) IN GENERAL.—Each grant request under subsection (b) shall, as applicable—

“(A) categorize and identify, by source, the Federal funds and program income that will be used for the upcoming fiscal year for each of the Northeast Corridor and National Network in 1 of the categories or subcategories set forth in paragraph (2);

“(B) describe the operations, services, programs, projects, and other activities to be funded within each of the categories set forth in paragraph (2), including—

“(i) the estimated scope, schedule, and budget necessary to complete each project and program; and

“(ii) the performance measures used to quantify expected and actual project outcomes and benefits, aggregated by fiscal year, project milestone, and any other appropriate grouping; and

“(C) describe the status of efforts to improve Amtrak’s safety culture.

“(2) GRANT CATEGORIES.—

“(A) OPERATING EXPENSES.—Each grant request to use Federal funds for operating expenses shall—

“(i) include estimated net operating costs not covered by other Amtrak revenue sources;

“(ii) specify Federal funding requested for each service line described in section 24320(b)(1); and

“(iii) be itemized by route.

“(B) DEBT SERVICE.—A grant request to use Federal funds for expenses related to debt, including payment of principle and interest, as allowed under section 205 of the Passenger Rail Investment and Improvement Act of 2008 (Public Law 110–432; 49 U.S.C. 24101 note).

“(C) CAPITAL.—A grant request to use Federal funds and program income for capital expenses shall include capital projects and programs primarily associated with—

“(i) normalized capital replacement programs, including regularly recurring work programs implemented on a systematic basis on classes of physical railroad assets, such as track, structures, electric traction and power systems, rolling stock, and communications and signal systems, to maintain and sustain the condition and performance of such assets to support continued railroad operations;

“(ii) improvement projects to support service and safety enhancements, including discrete projects implemented in accordance with a fixed scope, schedule, and budget that result in enhanced or new infrastructure, equipment, or facilities;

“(iii) backlog capital replacement projects, including discrete projects implemented in accordance with a fixed scope, schedule, and budget that primarily replace or rehabilitate major infrastructure assets, including tunnels, bridges, stations, and similar assets, to reduce the state of good repair backlog on the Amtrak network;

“(iv) strategic initiative projects, including discrete projects implemented in accordance with a fixed scope, schedule, and budget that primarily improve overall operational performance, lower costs, or otherwise improve Amtrak’s corporate efficiency; and

“(v) statutory, regulatory, or other legally mandated projects, including discrete projects implemented in accordance with a fixed scope, schedule, and budget that enable Amtrak to fulfill specific legal or regulatory mandates.

“(D) CONTINGENCY.—A grant request to use Federal funds for operating and capital expense contingency shall include—

“(i) contingency levels for specified activities and operations; and

“(ii) a process for the utilization of such contingency.

“(3) MODIFICATION OF CATEGORIES.—The Secretary of Transportation and Amtrak may jointly agree to modify the categories set forth in paragraph (2) if such modifications are necessary to improve the transparency, oversight, or delivery of projects funded through grant requests under this section.”;

(4) in subsection (d)(1)(A)—

(A) by inserting “complete” after “submits a”;

(B) by striking “shall complete” and inserting “shall finish”; and

(C) in clause (ii), by striking “incomplete or”;

(5) in subsection (e)—

(A) in paragraph (1)—

(i) by striking “and other activities to be funded by the grant” and inserting “programs, projects, and other activities to be funded by the grant, consistent with the categories required for Amtrak in a grant request under subsection (c)(1)(A)”; and

(ii) by striking “or activities” and inserting “programs, projects, and other activities”; and

(B) in paragraph (3)—

(i) by redesignating subparagraphs (A) and (B) as subparagraphs (B) and (C), respectively; and

(ii) by inserting before subparagraph (B), as redesignated, the following:

“(A) using an otherwise allowable approach to the method prescribed for a specific project or category of projects under paragraph (2) if the Secretary and Amtrak agree that a different payment method is necessary to more successfully implement and report on an operation, service, program, project, or other activity;”;

(6) by redesignating subsection (h) as subsection (j); and

(7) by inserting after subsection (g) the following:

“(h) Applicable laws and regulations.—

“(1) SINGLE AUDIT ACT OF 1984.—Notwithstanding section 24301(a)(3) of this title and section 7501(a)(13) of title 31, Amtrak shall be deemed a ‘non-Federal entity’ for purposes of chapter 75 of title 31.

“(2) REGULATIONS AND GUIDANCE.—The Secretary of Transportation may apply some or all of the requirements set forth in the regulations and guidance promulgated by the Secretary relating to the management, administration, cost principles, and audit requirements for Federal awards.

“(i) Amtrak grant reporting.—The Secretary of Transportation shall determine the varying levels of detail and information that will be included in reports for operations, services, program, projects, program income, cash on hand, and other activities within each of the grant categories described in subsection (c)(2).”.

(c) Conforming amendments.—

(1) REPORTS AND AUDITS.—Section 24315(b)(1) of title 49, United States Code, is amended—

(A) in subparagraph (A), by striking “the goal of section 24902(b) of this title; and” and inserting “the goal described in section 24902(a);”;

(B) in subparagraph (B), by striking the period at the end and inserting “; and”; and

(C) by adding at the end the following:

“(C) shall incorporate the categories described in section 24319(c)(2).”.

(2) CLERICAL AMENDMENT.—The analysis for chapter 243 of title 49, United States Code, is amended by striking the item relating to section 24319 and inserting the following:

“24319. Grant process and reporting.”.

(a) In general.—Section 24320 of title 49, United States Code, is amended—

(1) in the section heading, by striking “business line and asset plans” and inserting “service line and asset line plans”;

(2) in subsection (a)—

(A) in paragraph (1)—

(i) by striking “of each year” and inserting “, 2020, and biennially thereafter”;

(ii) by striking “5-year business line plans and 5-year asset plans” and inserting “5-year service line plans and 5-year asset line plans”; and

(iii) by adding at the end the following: “During each year in which Amtrak is not required to submit a plan under this paragraph, Amtrak shall submit to Congress updated financial sources and uses statements and forecasts with the annual report required under section 24315(b).”; and

(B) in paragraph (2), by striking “asset plan required in” and inserting “asset line plan required under”;

(3) in subsection (b)—

(A) in the subsection heading, by striking “business” and inserting “service”;

(B) in paragraph (1)—

(i) in the paragraph heading, by striking “business” and inserting “service”;

(ii) by striking “business” each place such term appears and inserting “service”;

(iii) by amending subparagraph (B) to read as follows:

“(B) Amtrak State-supported train services.”;

(iv) in subparagraph (C), by striking “routes” and inserting “train services”; and

(v) by adding at the end the following:

“(E) Infrastructure access services for use of Amtrak-owned or Amtrak-controlled infrastructure and facilities.”;

(C) in paragraph (2)—

(i) in the paragraph heading, by striking “business” and inserting “service”;

(ii) by striking “business” each place such term appears and inserting “service”;

(iii) in subparagraph (A), by striking “Strategic Plan and 5-year asset plans” and inserting “5-year asset line plans”;

(iv) in subparagraph (F) (as redesignated by section 2204(b)(1)), by striking “profit and loss” and inserting “sources and uses”;

(v) by striking subparagraph (G) (as redesignated by section 2204(b)(1));

(vi) by redesignating subparagraphs (H) through (M) (as redesignated by section 2204(b)(1)) as subparagraphs (G) through (L), respectively; and

(vii) by amending subparagraph (I) (as so redesignated) to read as follows:

“(I) financial performance for each route, if deemed applicable by the Secretary, within each service line, including descriptions of the cash operating loss or contribution;”;

(D) in paragraph (3)—

(i) in the paragraph heading, by striking “business” and inserting “service”;

(ii) by striking “business” each place such term appears and inserting “service”;

(iii) by redesignating subparagraphs (A), (B), (C), and (D) as clauses (i), (ii), (iii), and (iv), respectively, and moving such clauses 2 ems to the right;

(iv) by inserting before clause (i), as redesignated, the following:

“(A) not later than 180 days after the date of enactment of the Passenger Rail Expansion and Rail Safety Act of 2021, submit to the Secretary, for approval, a consultation process for the development of each service line plan that requires Amtrak to—”;

(v) in subparagraph (A), as amended by clause (iv)—

(I) in clause (iii), as redesignated, by inserting “and submit the final service line plan required under subsection (a)(1) to the State-Supported Route Committee” before the semicolon at the end;

(II) in clause (iv), as redesignated, by inserting “and” after the semicolon at the end; and

(III) by adding at the end the following:

“(v) for the infrastructure access service line plan, consult with the Northeast Corridor Commission and other entities, as appropriate, and submit the final asset line plan under subsection (a)(1) to the Northeast Corridor Commission;”; and

(vi) by redesignating subparagraphs (E) and (F) as subparagraphs (B) and (C), respectively;

(E) by redesignating paragraph (4) as paragraph (5); and

(F) by inserting after paragraph (3)(C), as redesignated, the following:

“(4) 5-YEAR SERVICE LINE PLANS UPDATES.—Amtrak may modify the service line plans described in paragraph (1), upon the approval of the Secretary, if the Secretary determines that such modifications are necessary to improve the transparency, oversight, and delivery of Amtrak services and the use of Federal funds by Amtrak.”; and

(4) in subsection (c)—

(A) in the subsection heading, by inserting “line” after “asset”;

(B) in paragraph (1)—

(i) in the paragraph heading, by striking “categories” and inserting “lines”;

(ii) in the matter preceding subparagraph (A), by striking “asset plan for each of the following asset categories” and inserting “asset line plan for each of the following asset lines”;

(iii) by redesignating subparagraphs (A), (B), (C), and (D) as subparagraphs (B), (C), (D), and (E), respectively;

(iv) by inserting before subparagraph (B), as redesignated, the following:

“(A) Transportation, including activities and resources associated with the operation and movement of Amtrak trains, onboard services, and amenities.”;