Sec. 9101. Authorization of appropriations

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There are authorized to be appropriated to the Secretary of Transportation for the use of Amtrak for activities associated with the Northeast Corridor the following amounts: For fiscal year 2022, $2,500,000,000. For fiscal year 2023, $2,600,000,000. For fiscal year 2024, $2,700,000,000. For fiscal year 2025, $2,800,000,000. For fiscal year 2026, $2,900,000,000. There are authorized to be appropriated to the Secretary for the use of Amtrak for activities associated with the National Network the following amounts:

For fiscal year 2022, $3,500,000,000. For fiscal year 2023, $3,600,000,000. For fiscal year 2024, $3,700,000,000. For fiscal year 2025, $3,800,000,000. For fiscal year 2026, $3,900,000,000. The Secretary may withhold up to one-half of one percent annually from the amounts made available under subsection

(a)for oversight. For fiscal year 2022, if funds are made available under subsection (a)(2) in excess of the amounts authorized for fiscal year 2020 under section 11101(b) of the FAST Act ( Public Law 114–94 ), Amtrak shall use up to $250,000,000 of the excess funds to defray the share of operating costs of Amtrak’s national assets (as such term is defined in section 24320(c)(5) of title 49, United States Code) and corporate services (as such term is defined pursuant to section 24317(b) of title 49, United States Code) that is allocated to the State-supported services. After the update of the cost methodology policy required under section 24712(a)(7)(B) of title 49, United States Code, is implemented, there are authorized to be appropriated to the Secretary for the use of Amtrak such sums as may be necessary for each of the fiscal years 2023 through 2026 for the implementation of the updated policy. Of the funds made available under subsection (a)(2), the Secretary may make available up to $4,000,000 for each fiscal year for the State-Supported Route Committee established under section 24712 of title 49, United States Code. Of the funds made available under subsection (a)(1), the Secretary may make available up to $6,000,000 for each fiscal year for the Northeast Corridor Commission established under section 24905 of title 49, United States Code. There are authorized to be appropriated to the Office of Inspector General of Amtrak the following amounts: For fiscal year 2022, $26,500,000. For fiscal year 2023, $27,000,000. For fiscal year 2024, $27,500,000. For fiscal year 2025, $28,000,000. For fiscal year 2026, $28,500,000. There are authorized to be appropriated to the Secretary to carry out section 22906 of title 49, United States Code, the following amounts: For fiscal year 2022, $5,800,000,000. For fiscal year 2023, $5,900,000,000. For fiscal year 2024, $6,000,000,000. For fiscal year 2025, $6,100,000,000. For fiscal year 2026, $6,200,000,000. The Secretary may withhold up to 1 percent of the total amount appropriated under paragraph

(1)for the costs of program management oversight, including providing technical assistance and project planning guidance, of grants carried out under section 22906 of title 49, United States Code. The Secretary shall withhold at least 4 percent of funding in paragraph

(1)for the purposes described in section 22906(a)(1)(B) of title 49, United States Code. Any funds withheld by this paragraph that remain unobligated at the end of the fiscal year following the fiscal year in which such funds are made available may be used for any eligible project under section 22906 of such title. There are authorized to be appropriated to the Secretary to carry out section 22907 of title 49, United States Code, the following amounts: For fiscal year 2022, $1,200,000,000. For fiscal year 2023, $1,300,000,000. For fiscal year 2024, $1,400,000,000. For fiscal year 2025, $1,500,000,000. For fiscal year 2026, $1,600,000,000. The Secretary may withhold up to 2 percent of the total amount appropriated under paragraph

(1)for the costs of program management oversight, including providing technical assistance and project planning guidance, of grants carried out under section 22907 of title 49, United States Code. Of the amounts made available under paragraph (1), the Secretary may make available up to $5,000,000 for each of fiscal years 2022 through 2026 to make grants under section 22907(o) of title 49, United States Code. Of the amounts made available under paragraph (1), the Secretary may make available up to $250,000 for each of fiscal years 2022 through 2026 to make grants under section 22907(p) of title 49, United States Code. Of the amounts made available under paragraph (1), the Secretary may make available up to $1,000,000 for each of fiscal years 2022 through 2026 to make grants under section 22907(q) of title 49, United States Code. There are authorized to be appropriated to the Secretary to carry out section 22909 of title 49, United States Code, the following amounts: For fiscal year 2022, $4,800,000,000. For fiscal year 2023, $4,900,000,000. For fiscal year 2024, $5,000,000,000. For fiscal year 2025, $5,100,000,000. For fiscal year 2026, $5,200,000,000. The Secretary may withhold up to one half of 1 percent of the total amount appropriated under paragraph

(1)for the costs of program management oversight, including providing technical assistance and project planning guidance, of grants carried out under section 22909 of title 49, United States Code. There are authorized to be appropriated to the Secretary for payment of credit risk premiums in accordance with section 502(f)(1) of the Railroad Revitalization and Regulatory Reform Act of 1976 ( 45 U.S.C. 822(f)(1) ) the following amounts, to remain available until expended: For fiscal year 2022, $160,000,000. For fiscal year 2023, $170,000,000. For fiscal year 2024, $180,000,000. For fiscal year 2025, $190,000,000. For fiscal year 2026, $200,000,000. There are authorized to be appropriated to the Secretary $70,000,000 to repay the credit risk premium under section 502 of the Railroad Revitalization and Regulatory Reform Act of 1976 ( 45 U.S.C. 822 ) for each loan in cohort 3, as defined by the memorandum to the Office of Management and Budget of the Department of Transportation dated November 5, 2018, with interest accrued thereon, not later than 60 days after the date on which all obligations attached to each such loan have been satisfied. For each such loan for which obligations have been satisfied as of the date of enactment of this Act, the Secretary shall repay the credit risk premium of each such loan, with interest accrued thereon, not later than 60 days after the date of the enactment of this Act. There are authorized to be appropriated to the Secretary to carry out section 22908 of title 49, United States Code, $20,000,000 for each of fiscal years 2022 through 2026. The Secretary may withhold up to 1 percent from the total amounts appropriated under paragraph

(1)for the costs of project management oversight of grants carried out under section 22908 of title 49, United States Code. There are authorized to be appropriated to the Secretary to carry out section 22912 of title 49, United States Code, (as added by section 9551 of this Act) the following amounts: For fiscal year 2022, $450,000,000. For fiscal year 2023, $475,000,000. For fiscal year 2024, $500,000,000. For fiscal year 2025, $525,000,000. For fiscal year 2026, $550,000,000. The Secretary may withhold up to 2 percent from the total amounts appropriated under paragraph

(1)for the costs of project management oversight, including providing technical assistance and project planning guidance, of grants carried out under section 22912 of title 49, United States Code. Section 20117 of title 49, United States Code, is amended to read as follows: There are authorized to be appropriated to the Secretary of Transportation for the operations of the Federal Railroad Administration and to carry out railroad safety activities authorized or delegated to the Administrator— $290,500,000 for fiscal year 2022; $303,300,000 for fiscal year 2023; $316,100,000 for fiscal year 2024; $324,400,000 for fiscal year 2025; and $332,900,000 for fiscal year 2026. From the funds made available under paragraph

(1)for each of fiscal years 2022 through 2026, not more than $17,000,000 may be expended for the Automated Track Inspection Program and data analysis related to track inspection. Such funds shall remain available until expended. Amounts made available under paragraph

(1)for grants under section 20105(e) shall remain available until expended. The Secretary may withhold up to $20,000,000 from the amounts made available for each fiscal year under paragraph

(1)to facilitate and provide guidance for regional planning processes, including not more than $500,000 annually for each interstate rail compact. The Secretary shall ensure that the number of full-time equivalent railroad safety inspection personnel employed by the Office of Railroad Safety of the Federal Railroad Administration does not fall below the following: 379 for fiscal year 2022; 403 for fiscal year 2023; 422 for fiscal year 2024; 424 for fiscal year 2025; and 426 for fiscal year 2026. In meeting the minimum railroad safety inspector levels under subparagraph (A), the Secretary shall consider the ability of railroad safety inspectors to analyze railroad safety data. From the amounts made available to the Secretary under subsection (a)(1), the Secretary shall use the following amounts to carry out subparagraph (A): $3,244,104 for fiscal year 2022. $6,488,208 for fiscal year 2023. $9,056,457 for fiscal year 2024. $9,326,799 for fiscal year 2025. $9,597,141 for fiscal year 2026. The Secretary shall, for each of fiscal years 2022 and 2023, increase by 10 the total number of full-time equivalent employees working as specialists, engineers, or analysts in the field supporting inspectors compared to the number of such employees employed in the previous fiscal year. From the amounts made available to the Secretary under subsection (a)(1), the Secretary shall use the following amounts to carry out subparagraph (A): $1,631,380 for fiscal year 2022. $3,262,760 for fiscal year 2023. $3,262,760 for fiscal year 2024. $3,262,760 for fiscal year 2025. $3,262,760 for fiscal year 2026. There are authorized to be appropriated to the Secretary of Transportation for necessary expenses for carrying out railroad research and development activities the following amounts which shall remain available until expended: $67,000,000 for fiscal year 2022. $69,000,000 for fiscal year 2023. $71,000,000 for fiscal year 2024. $73,000,000 for fiscal year 2025. $75,000,000 for fiscal year 2026. From funds made available under paragraph

(1)for each of fiscal years 2022 through 2026, the Secretary may expend not more than $4,000,000— for grants to improve safety practices and training for Class II and Class III freight, commuter, and intercity passenger railroads; and to develop safety management systems for Class II and Class III freight, commuter, and intercity passenger railroads through the continued development of safety culture assessments, transportation emergency response plans, training and education, outreach activities, best practices for trespassing prevention and employee trauma response, and technical assistance. Of the amounts made available under paragraph (1), the Secretary may make available up to $20,000,000 for each of fiscal years 2022 through 2026 to establish the University Rail Climate Innovation Institute under section 22913. The Secretary may withhold up to 1 percent from the total amounts appropriated under subparagraph

(A)for the costs of project management oversight of the grant carried out under section 22913. From funds made available under paragraph

(1)for each of fiscal years 2022 through 2026, the Secretary may make available not less than $1,000,000 for human factors research undertaken by the Federal Railroad Administration, including suicide countermeasure evaluation, data exploration and quality improvement, and other initiatives as appropriate. . Funds provided under this section and the amendments made by this section may not be used in awarding a contract, subcontract, grant, or loan to an entity that is owned or controlled by, is a subsidiary of, or is otherwise related legally or financially to a corporation based in a country that— is identified as a nonmarket economy country (as defined in section 771(18) of the Tariff Act of 1930 ( 19 U.S.C. 1677(18) )) as of the date of enactment of this Act; was identified by the United States Trade Representative in the most recent report required by section 182 of the Trade Act of 1974 ( 19 U.S.C. 2242 ) as a priority foreign country under subsection (a)(2) of that section; and is subject to monitoring by the Trade Representative under section 306 of the Trade Act of 1974 ( 19 U.S.C. 2416 ). For purposes of paragraph (1), the term otherwise related legally or financially does not include a minority relationship or investment. This subsection shall be applied in a manner consistent with the obligations of the United States under international agreements. Beginning on the date on which a rail trust fund is established, any amounts made available under subsections (a), (g), (h), (i), (j)(1), (k), and

(l)shall be derived from such fund. In this subsection, the term rail trust fund means a trust fund established under the Internal Revenue Code of 1986 for making certain expenditures for the benefit of rail and for crediting certain taxes and penalties collected relating to rail. The following is the sense of the Committee on Transportation and Infrastructure of the House of Representatives: There is a discrepancy in historical Federal investment between highways, aviation, and intercity passenger rail. Between 1949 and 2017, the Federal Government invested more than $2 trillion in our nation’s highways and over $777 billion in aviation. The Federal Government has invested $96 billion in intercity passenger rail, beginning in 1971 with the creation of the National Railroad Passenger Corporation. Intercity passenger rail Federal investment is only 12 percent of Federal aviation investment and less than 5 percent of Federal highway investment. Congress has recognized the value and importance of a predictable, dedicated funding source through a trust fund for all other modes of transportation including for aviation, highways, transit, and waterways. The Highway Trust Fund was created in 1956. The Airport and Aviation Trust Fund was created in 1970. The Inland Waterways Trust Fund was created in 1978. Mass transit was added to the Highway Trust Fund in 1983. The Harbor Maintenance Trust Fund was created in 1986. With regard to Federal transportation investment, only intercity passenger and freight rail do not have a predictable, dedicated funding source through a trust fund. The Federal Railroad Administration has identified more than $300 billion worth of investment needed to develop both high-speed and higher speed intercity passenger rail corridors around the United States. In addition, a Federal Railroad Administration report from 2014 found that shortline and regional railroads need $7 billion of investment. The Northeast Corridor has a $40 billion state of good repair backlog. A rail trust fund would provide a predictable, dedicated funding source to high-speed and intercity passenger rail projects and for the public benefits of shortline and regional railroad freight rail projects. A trust fund provides essential longer term funding certainty to allow the United States to develop quality intercity passenger rail service in corridors across the country, eliminate the state of good repair backlog on the Northeast Corridor, allow for accessible equipment and stations for passengers with disabilities, move more freight on rail, redevelop an American passenger rail car manufacturing base, create good paying, middle class jobs, and reduce our nation’s transportation carbon emissions.

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