Sec. 1301. RRIF codification and reforms

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Part B of subtitle V of title 49, United States Code, is amended— by inserting after chapter 223 the following chapter analysis: Chapter 224—Railroad rehabilitation and improvement financing Sec. 22401. Definitions. 22402. Direct loans and loan guarantees. 22403. Administration of direct loans and loan guarantees. 22404. Employee protection. 22405. Authorization of appropriations. ; by inserting after the chapter analysis the following section headings: ; 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 ); 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 ); 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 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 ).

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503, and 504 of the Railroad Revitalization and Regulatory Reform Act of 1976 ( 45 U.S.C. 821 , 822, 823, and 836) are repealed. 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. Section 22401 of title 49, United States Code, as added by subsection (a)(2), and amended by subsection (a)(3), is further amended— in the matter preceding paragraph (1), by striking For purposes of this title: and inserting In this chapter: ; by amending paragraph

(12)to read as follows: The term railroad includes— any railroad or railroad carrier (as such terms are defined in section 20102); and any rail carrier (as defined in section 24102). ; by redesignating paragraph

(14)as paragraph (15); and by inserting after paragraph

(13)the following: The term Secretary means the Secretary of Transportation. . Section 22402 of title 49, United States Code, as added by subsection (a)(2), and amended by subsection (a)(4), is further amended— in subsection (a)— in paragraph (2), by inserting entities implementing before interstate compacts ; in paragraph (5), by striking and at the end; and by striking paragraph

(6)and inserting the following: 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 private entities with controlling ownership in 1 or more freight railroads other than Class I carriers. ; in subsection (b)— by amending paragraph

(1)to read as follows: Direct loans and loan guarantees authorized under this section shall be used— 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; to develop or establish new intermodal or railroad facilities; to develop landside port infrastructure for seaports serviced by rail; to refinance outstanding debt incurred for the purposes described in subparagraph (A), (B), or (C); to reimburse planning, permitting, and design expenses relating to activities described in subparagraph (A), (B), or (C); or to finance economic development, including commercial and residential development, and related infrastructure and activities, that— incorporates private investment of greater than 20 percent of total project costs; 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; 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 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 by striking paragraph (3); in subsection (c)— in paragraph (1), by striking of title 49, United States Code ; and in paragraph (5), by striking title 49, United States Code, and inserting this title ; in subsection (e), by amending paragraph

(1)to read as follows: 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. ; in subsection (f)— in paragraph (3)— in the matter preceding subparagraph (A)— by striking An applicant may propose and and inserting Upon receipt of a proposal from an applicant under this section, ; and by striking tangible asset and inserting collateral described in paragraph

(6); 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 ; in subparagraph (C), by striking $75,000,000 and inserting $150,000,000 ; and by adding at the end the following: 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 by adding at the end the following: 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— 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 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. An applicant or infrastructure partner may propose tangible and intangible assets as collateral, exclusive of goodwill. The Secretary, after evaluating each such asset— shall accept a net liquidation value of collateral; and shall consider and may accept— the market value of collateral; or 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— 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; interchange commitments; and 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. In evaluating appraisals of collateral under subparagraph (A), the Secretary shall consider— 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 the qualifications of the appraisers to value the type of collateral offered. 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 . ; in subsection (g), by amending paragraph

(1)the read as follows: repayment of the obligation is required to be made within a term that is not longer than the shorter of— 75 years after the date of substantial completion of the project; 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 for projects determined to have an estimated useful life that is longer than 35 years, the period that is equal to the sum of— 35 years; and the product of— the difference between the estimated useful life and 35 years; multiplied by 75 percent. ; in subsection (h)— in paragraph (3)(B), by striking section 836 of this title and inserting section 22404 ; and in paragraph (4), by striking (b)(1)(E) and inserting (b)(1)(F) ; in subsection (i)— by amending paragraph

(4)to read as follows: 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. Applicants seeking loans and loan guarantees under this section shall— seek a total loan or loan guarantee value not exceeding $150,000,000; meet eligible project purposes described in subparagraphs

(A)and

(B)of subsection (b)(1); and meet other criteria considered appropriate by the Secretary, in consultation with the Council on Credit and Finance of the Department of Transportation. 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— provide written notice to the applicant, including a justification for the delay and updated estimate of the time needed for approval or disapproval; and publish the notice on the dashboard described in paragraph (5). ; in paragraph (5)— in subparagraph (E), by striking and at the end; in subparagraph (F), by adding ; and at the end; and by adding at the end the following: whether the project utilized the expedited application process under paragraph (4). ; and by adding at the end the following: 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— the total value of the proposed loan or loan guarantee; the name of the applicant or applicants submitting the application; 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; 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; if a deferred payment is proposed, the length of such deferment; the credit rating or ratings provided for the applicant; if other credit instruments are involved, the proposed subordination relationship and a description of such other credit instruments; a schedule for the readiness of proposed investments for financing; 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 ); 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; the status of the application in the pre-application review and selection process; the cumulative amounts paid by the Secretary to outside advisors related to the application, including financial and legal advisors; a description of the key rating factors used by the Secretary to determine credit risk, including— the factors used to determine risk for the proposed application; and an adjectival risk rating for each identified factor, ranked as either low, moderate, or high; a nonbinding estimate of the credit risk premium, which may be in the form of— a range, based on the assessment of risk factors described in clause (xiii); or a justification for why the estimate of the credit risk premium cannot be determined based on available information; and 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. The Secretary shall provide the information described in subparagraph

(A)not later than 30 days after a request from the applicant. Applications processed using the streamline application review process under paragraph

(4)are not subject to the requirements under this paragraph. ; and by adding at the end the following: 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. . Section 22403 of title 49, United States Code, as added by subsection (a)(2), and amended by subsection (a)(5), is further amended— in subsection (a)— by striking The Secretary shall and inserting the following: The Secretary shall ; and by adding at the end the following: 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 in subsection (m), by striking section 822 of this title and inserting section 22402 . 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: There is authorized to be appropriated for credit assistance under this chapter, which shall be provided at the discretion of the Secretary, $50,000,000 for each of fiscal years 2022 through 2026. There is authorized to be appropriated to the Secretary $70,000,000 to repay the credit risk premium in accordance with section 22402(f)(5). Amounts appropriated pursuant to this subsection shall remain available until expended. Credit assistance provided under subsection

(a)may not exceed $20,000,000 for any loan or loan guarantee. Not less than 3 percent of the amounts appropriated pursuant to subsection

(a)in each fiscal year shall be made available to the Secretary for use in place of charges collected under section 22403(l)(1) for passenger railroads and freight railroads other than Class I carriers. Not less than 50 percent of the amounts appropriated pursuant to subsection (a)(1) for each fiscal year shall be set aside for freight railroads other than Class I carriers. . 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 . Section 8(d) of the National Trails System Act ( 16 U.S.C. 1247(d) ) is amended by inserting ( after 45 U.S.C. 801 et seq.) and chapter 224 of title 49, United States Code 1976 . 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 . Section 101 of the Railroad Revitalization and Regulatory Reform Act of 1976 ( 45 U.S.C. 801 ) is amended— 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 ; and chapter 224 of title 49, United States Code, is to 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 The Railroad Infrastructure Financing Improvement Act (subtitle F of title XI of Public Law 114–94 )— 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 ( and inserting 45 U.S.C. 801 et seq.) All provisions under section 22402 through 22404 of title 49, United States Code, ; and 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 ( and inserting 45 U.S.C. 822(f) ), as amended by section 11607 of this Act section 22402(f) of title 49, United States Code . 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 ( and inserting 45 U.S.C. 821 et seq.) chapter 224 of title 49, United States Code, . 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 ( and inserting 45 U.S.C. 822(f)(4) ) for purposes of section 22402 of title 49, United States Code . 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 ( and inserting 45 U.S.C. 836 ) Section 22404 of title 49, United States Code, . Section 104(b) of the Rock Island Railroad Transition and Employee Assistance Act ( 45 U.S.C. 1003(b) ) is amended— in paragraph (1)— by striking title V of the Railroad Revitalization and Regulatory Reform Act of 1976 ( and inserting 45 U.S.C. 821 et seq.) chapter 224 of title 49, United States Code, ; and by striking and section 18(b) of the Milwaukee Railroad Restructuring Act ; and in paragraph (2), by striking title V of the Railroad Revitalization and Regulatory Reform Act of 1976, and section 516 of such Act ( and inserting 45 U.S.C. 836 ) chapter 224 of title 49, United States Code, including section 22404 of such title, . 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 ( and inserting 45 U.S.C. 821 et seq.) chapter 224 of title 49, United States Code . 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 ) 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 ( and inserting 45 U.S.C. 821–823 ) sections 22401 through 22403 . Section 306(b) of title 49, United States Code, is amended— by striking chapter 221 or 249 of this title, and inserting chapter 221, 224, or 249 of this title, or ; and by striking , or title V of the Railroad Revitalization and Regulatory Reform Act of 1976 ( . 45 U.S.C. 821 et seq.) 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 ( and inserting 45 U.S.C. 836 ) section 22404 . Section 24903 of title 49, United States Code, is amended— in subsection (a)(6), by striking and the Railroad Revitalization and Regulatory Reform Act of 1976 ( and inserting 45 U.S.C. 801 et seq.) , the Railroad Revitalization and Regulatory Reform Act of 1976 ( ; and 45 U.S.C. 801 et seq.), and chapter 224 of this title in subsection (c)(2), by striking and the Railroad Revitalization and Regulatory Reform Act of 1976 ( and inserting 45 U.S.C. 801 et seq.) , the Railroad Revitalization and Regulatory Reform Act of 1976 ( . 45 U.S.C. 801 et seq.), and chapter 224 of this title

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