553 
other activities required to carry out the au-
thorities and purposes of the RRDA as set 
forth in this chapter, the Executive Director 
shall— 
‘‘(i) establish and maintain a pas-
senger rail corridor development and deliv-
ery capability that consists of qualified 
transportation infrastructure planning, fi-
nancing, and construction professionals di-
rected to develop and deliver projects that 
are consistent with the strategy and objec-
tives set forth in the Regional Rail Devel-
opment Plan; and 
‘‘(ii) establish and maintain a tech-
nical assistance capability at the RRDA 
that consists of a staff of qualified project 
management professionals directed to as-
sist other entities within the region that 
are implementing high-speed and intercity 
passenger rail projects. 
‘‘(2) REGIONAL COMMITTEE.— 
‘‘(A) ESTABLISHMENT.—There is estab-
lished within the RRDA a deliberative body to 
be known as the ‘Regional Committee’. 
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‘‘(B) MEMBERSHIP.—The membership of 
the Regional Committee may be established and 
maintained as follows: 
‘‘(i) Governors or their designees from 
all States in the region. 
‘‘(ii) Other individuals and organiza-
tions the Secretary determines have a sig-
nificant interest in rail issues in the region. 
‘‘(C) CONSULTATION.—The Regional Com-
mittee shall consult with— 
‘‘(i) elected officials and other commu-
nity leaders in cities or counties affected 
by high-speed or intercity passenger rail 
projects; 
‘‘(ii) economic development bodies; 
‘‘(iii) business leaders in the region; 
‘‘(iv) freight carriers with operations 
in the region; 
‘‘(v) commuter rail agencies with op-
erations in the region; 
‘‘(vi) rail labor; 
‘‘(vii) regional transportation and air 
quality planning agencies; and 
‘‘(viii) other individuals or organiza-
tions that the Regional Committee deter-
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mines would provide valuable input into 
the Committee’s deliberations. 
‘‘(D) RESPONSIBILITIES.—The Regional 
Committee shall be responsible for carrying out 
the following: 
‘‘(i) Proposing to the Secretary the 
Regional Rail Development Plan within 
one year of the RRDA’s establishment and 
making recommendations to the Secretary 
for biennial updates. 
‘‘(ii) Evaluating Service Development 
Plans and investment plans and related 
materials or other analyses prepared by 
the Executive Director for use in sup-
porting applications to the Secretary for 
Federal financial assistance and providing 
the Secretary with recommendations or 
written objections to the Plan and related 
materials as appropriate. 
‘‘(iii) Making recommendations to the 
Secretary for the selection of private sector 
partners for designing, constructing, oper-
ating, or maintaining a corridor. 
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‘‘(iv) Evaluating and making rec-
ommendations to the Secretary for the 
RRDA’s Annual Report. 
‘‘(v) Making recommendations to the 
Secretary concerning the powers outlined 
in section 28903 of this title. 
‘‘(E) MAJORITY VOTE.—An action or deci-
sion by the Regional Committee shall be by ma-
jority vote of all members, whether in person or 
in absentia. Each member shall be provided a 
reasonable opportunity to vote on all matters 
before the Regional Committee. 
‘‘(F) PUBLICLY ACCESSIBLE MEETINGS.— 
All meetings of the Regional Committee shall be 
publicly accessible, and the Regional Committee 
shall also provide regular updates and informa-
tion on a publicly accessible Web site. 
‘‘(b) EXEMPTION FROM FEDERAL ADVISORY COM-
MITTEE ACT.—The Federal Advisory Committee Act shall 
not apply to Regional Rail Development Authorities. 
‘‘§ 28903. Activities 
‘‘(a) CORRIDOR DEVELOPMENT POWERS.—Regional 
Rail Development Authorities established pursuant to this 
chapter shall have the power to undertake the following 
corridor development activities: 
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‘‘(1) Planning for Core Express Corridors, Re-
gional Corridors, and Feeder Corridors within their 
jurisdiction, including leading the development of the 
Regional Rail Development Plan described in section 
22602 of this title and identifying proposed corridor 
alignments and station locations. 
‘‘(2) Planning that addresses transportation 
issues and infrastructure investments for more effi-
cient movement of people and goods through and 
among corridors, including consideration of the most 
cost-effective transportation investments to address 
a specific region’s or corridor’s transportation needs 
for both people and goods. 
‘‘(3) Preparing engineering studies, environ-
mental and health analyses, project management 
plans, financial plans, service development plans and 
other documentation necessary for developing and 
delivering new or improved high-speed or intercity 
passenger rail services. 
‘‘(4) Receiving, managing, and expending Fed-
eral financial assistance, including taking responsi-
bility for all relevant reporting or other requirements 
associated with that financial assistance. 
‘‘(5) Coordinating the financing package for 
project development and delivery, including struc-
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turing and overseeing Federal, State, and local fi-
nancial assistance funds, and private-sector con-
tributions. 
‘‘(6) Leading construction-related activities for 
developing the corridor, including issuing requests 
for proposals/qualifications, managing contractors, 
entering into contracts with public and private enti-
ties for construction of the corridor, and other re-
lated activities. 
‘‘(7) Acquiring and preserving right-of-way for 
dedicated corridors. 
‘‘(8) Providing for or supporting negotiations 
with infrastructure owners for new or improved 
shared-use passenger rail corridors. 
‘‘(9) Issuing requests for proposals for projects 
for the financing, design, construction, operation, 
and/or maintenance of a high-speed intercity pas-
senger rail system operating within the RRDA’s ju-
risdictions that shall include those items described in 
paragraph (a)(4) of section 502 of division B of 
Public Law 110–432. 
‘‘(b) FUNDING ELIGIBILITY.—Regional Rail Develop-
ment Authorities are eligible to receive Federal funding 
under the Rail Service Improvement Program, as de-
scribed in section 24605 of this title.’’. 
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(b) RELATED AMENDMENT.—The analysis for sub-
title V is amended by inserting below the item for chapter 
287 the following: 
‘‘289. Authority and objectives ....................................................28901
‘‘
Structure ....................................................................................28902
‘‘
Activities ....................................................................................28903’’. 
SEC. 9202. NORTHEAST CORRIDOR INFRASTRUCTURE AND 
OPERATIONS ADVISORY COMMISSION. 
Section 24905 is amended as follows: 
(1) By revising subsection (c)(1)(B) to read as 
follows: 
‘‘(B) develop a proposed timetable for imple-
menting the formula that allows for a phased-in 
schedule that incorporates a reasonable amount of 
time for agreements to be negotiated among affected 
parties, provided that the formula is fully imple-
mented no later than September 30, 2021.’’. 
(2) In subsection (e), by striking ‘‘2013’’ and 
replacing with ‘‘2021’’. 
(3) By inserting subsection (g) to read as fol-
lows: 
‘‘(g) NORTHEAST CORRIDOR GOVERNANCE.—Not 
later than September 30, 2015, the Commission shall 
issue a report with recommendations regarding the appro-
priate mechanisms for managing, improving, financing, 
operating, and maintaining the Northeast Corridor, in-
cluding a clear delineation of responsibilities among the 
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560 
Federal Government, States, and Amtrak. This report 
shall be submitted to the Secretary, the Committee on 
Commerce, Science, and Transportation of the Senate, 
and the Committee on Transportation and Infrastructure 
of the House of Representatives.’’. 
SEC. 9203. STANDARDIZATION OF PASSENGER EQUIPMENT 
AND PLATFORMS. 
(a) PASSENGER
PLATFORMS.—Where level-entry 
boarding platforms are required by law— 
(1) new or rebuilt passenger platforms in Con-
necticut, Delaware, Maine, Massachusetts, New 
Hampshire, New Jersey, New York, Rhode Island, 
and Vermont shall be constructed and maintained at 
48 inches above top of rail; 
(2) new or rebuilt passenger platforms in Mary-
land and Pennsylvania shall be constructed and 
maintained at 15 or 48 inches above top of rail, in 
coordination with the lowest floor height of equip-
ment serving the platform; 
(3) new or rebuilt platforms at Union Station 
in Washington, DC, shall be built and maintained to 
facilitate level boarding for the equipment serving 
the platform; 
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(4) all other new or rebuilt passenger rail plat-
forms shall be built and maintained at 15 inches 
above top of rail; and 
(5) it is the intent of Congress to expressly pre-
empt State and local laws, regulations and rules on 
passenger platform height and setback. 
(b) EXCEPTIONS.— 
(1) A railroad owner may seek an exception to 
the passenger platform height requirements by pre-
senting information to the Federal Railroad Admin-
istration of an actual conflict between the require-
ment and an existing piece of equipment operated 
past the platform location. New or rebuilt passenger 
rail equipment used on any route with a platform 
excepted under this subpart must be equipped with 
an onboard lift. 
(2) A railroad owner may seek an exception to 
the passenger platform height requirements by pre-
senting information to the Federal Railroad Admin-
istration that it will provide level-boarding at a 
height other than that provided in subsection (a). 
(3) A system that is in operation on the date 
of this enactment that provides a level-boarding plat-
form at a height other than those described in sub-
section (a) may continue to provide such service. 
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SEC. 9204. NEXT GENERATION EQUIPMENT COMMITTEE. 
(a) REVISIONS TO DIVISION B OF PUBLIC LAW 110– 
432, THE PASSENGER RAIL INVESTMENT AND IMPROVE-
MENT ACT OF 2008.—Section 305 of division B of Public 
Law 110–432 is amended— 
(1) in subsection (a), by inserting ‘‘labor orga-
nizations that represent employees who perform 
overhaul and maintenance work on passenger equip-
ment used for intercity passenger rail transpor-
tation,’’ after ‘‘manufacturers,’’; 
(2) by redesignating paragraph (e) as para-
graph (f); and 
(3) by inserting new paragraph (e) to read as 
follows— 
‘‘(e) RAIL EQUIPMENT MANAGEMENT.—Not later 
than December 30, 2015, the Next Generation Corridor 
Equipment Pool Committee shall issue a report with rec-
ommendations regarding the appropriate mechanisms for 
procuring, managing, and maintaining passenger rail cars 
and locomotives. This report shall be submitted to the Sec-
retary, the Committee on Commerce, Science, and Trans-
portation of the Senate, and the Committee on Transpor-
tation and Infrastructure of the House of Representa-
tives.’’. 
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SEC. 9205. BUY AMERICA. 
(a) IN GENERAL.—Part E of subtitle V is amended 
by inserting the following after chapter 285: 
‘‘CHAPTER 287—BUY AMERICA 
PREFERENCES 
‘‘Sec. 
‘‘28701. Buying goods produced in the United States. 
‘‘28702. Fraudulent use of ‘Made in America’ label. 
‘‘§ 28701. Buying goods produced in the United States 
‘‘(a) PREFERENCE.— 
‘‘(1) IN GENERAL.—Notwithstanding any other 
provision of law, the Secretary shall not obligate any 
funds authorized to be appropriated to carry out 
subtitle V of this title and administered by the De-
partment of Transportation, nor shall the Secretary 
provide direct loans or loan guarantees under section 
502 of the Railroad Revitalization and Regulatory 
Reform Act of 1976 (45 U.S.C. 822), unless steel, 
iron, and manufactured products used in the project 
are produced in the United States. 
‘‘(2) NON-FEDERAL
FUNDS.—Notwithstanding 
any other provision of law, rolling stock and power 
train equipment (including train control, commu-
nication, traction power equipment, and rolling stock 
prototypes) purchased with non-Federal funds in 
connection with a project receiving Federal financial 
assistance under subtitle V of this title or under sec-
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564 
tion 502 of the Railroad Revitalization and Regu-
latory Reform Act of 1976 (45 U.S.C. 822), shall 
only use steel, iron, and manufactured products pro-
duced in the United States. 
‘‘(b) WAIVER.—The Secretary may waive subsection 
(a) of this section if the Secretary finds that— 
‘‘(1) applying subsection (a) would be incon-
sistent with the public interest; 
‘‘(2) such materials and products produced in 
the United States are not produced in a sufficient 
and reasonably available amount or are not of a sat-
isfactory quality; 
‘‘(3) the cost of the domestic material will in-
crease the cost of the end product by more than 25 
percent; or 
‘‘(4) when procuring rolling stock or train con-
trol systems for high-speed rail, as that term is de-
fined by section 26105(2) of this title— 
‘‘(A) the rolling stock and train control 
systems are manufactured in the United States 
substantially from components produced or 
manufactured in the United States; 
‘‘(B) the rolling stock domestic material 
improvement plan required by subsection (c) of 
this section addresses how the domestic mate-
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rial content of the rolling stock and train con-
trol systems will be increased over the duration 
of the contract; and 
‘‘(C) final assembly of the rolling stock 
and train control systems, not including proto-
types that will primarily be used to test the roll-
ing stock or train control systems, has occurred 
in the United States; and 
‘‘(5) the waiver justifications contained in this 
subsection at paragraphs (1) through (3) apply to 
all steel, iron, and manufactured products, including 
all rolling stock. 
‘‘(c) ROLLING STOCK DOMESTIC MATERIAL IM-
PROVEMENT PLAN.—All rolling stock procurements sub-
ject to the requirements of subsection (a) of this section 
shall require that rolling stock procurement proposals in-
clude a plan to increase the domestic material content of 
the rolling stock over the duration of the contract. This 
plan shall address increasing the domestic material con-
tent of all components and subcomponents. Significant 
weight shall be given in the proposal evaluation criteria 
for the plan achieving the most domestic material content. 
The recipient of the Federal financial assistance shall con-
duct an audit post-contract award to verify implementa-
tion of the plan. As determined appropriate by the Sec-
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retary, a certain amount of funding made available for the 
rolling stock procurement shall be used to implement the 
plan. 
‘‘(d) LABOR COSTS.—For purposes of this section, 
labor costs involved in final assembly shall not be included 
in calculating the cost of components. 
‘‘(e) WAIVER NOTICE AND COMMENT.—If the Sec-
retary determines that it is necessary to waive the applica-
tion of subsection (a) based on a finding under subsection 
(b), the Secretary shall, before the date on which such 
finding takes effect— 
‘‘(1) make available to the public on the De-
partment of Transportation’s public Web site the 
waiver request and a detailed written justification as 
to why the waiver is needed; 
‘‘(2) publish in the Federal Register a detailed 
written justification as to why the waiver is needed; 
and 
‘‘(3) provide notice of such finding and an op-
portunity for public comment on such finding for a 
reasonable period of time not to exceed 15 days. 
‘‘(f) WAIVER PROHIBITED.—The Secretary may not 
make a waiver under subsection (b) of this section for 
goods produced in a foreign country if the Secretary, in 
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consultation with the United States Trade Representative, 
decides that the government of that foreign country— 
‘‘(1) has an agreement with the United States 
Government under which the Secretary has waived 
the requirement of this section; and 
‘‘(2) has violated the agreement by discrimi-
nating against goods to which this section applies 
that are produced in the United States and to which 
the agreement applies. 
‘‘(g) STATE REQUIREMENTS.—The Secretary may 
not impose any limitation on assistance provided under 
subtitle V of this title that restricts a State from imposing 
more stringent requirements than this section on the use 
of articles, materials, and supplies mined, produced, or 
manufactured in foreign countries, in projects carried out 
with that assistance, or restricts a recipient of that assist-
ance from complying with those State-imposed require-
ments. 
‘‘(h) CERTIFICATION.—The Secretary may allow a 
manufacturer or supplier of steel, iron, or manufactured 
goods to correct after bid opening any certification of non-
compliance or failure to properly complete the certification 
(but not including failure to sign the certification) under 
this section if such manufacturer or supplier attests under 
penalty of perjury that such manufacturer or supplier sub-
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mitted an incorrect certification as a result of an inad-
vertent or clerical error. The burden of establishing inad-
vertent or clerical error is on the manufacturer or supplier. 
‘‘(i) REVIEW.—A party adversely affected by an 
agency action under this section shall have the right to 
seek review under section 702 of title 5. 
‘‘(j) MINIMUM COST.—The requirements of this sec-
tion shall only apply to contracts for which the costs ex-
ceed $100,000. 
‘‘(k) INTERNATIONAL AGREEMENTS.—This section 
shall be applied in a manner consistent with United States 
obligations under international agreements. 
‘‘§ 28702. Fraudulent use of ‘Made in America’ label 
‘‘A person is ineligible to receive a contract or sub-
contract made with amounts authorized under subtitle V 
of this title or section 502 of the Railroad Revitalization 
and Regulatory Reform Act of 1976 (45 U.S.C. 822) if 
a court or department, agency, or instrumentality of the 
Government decides the person intentionally— 
‘‘(1) affixed a ‘Made in America’ label, or a 
label with an inscription having the same meaning, 
to goods sold in or shipped to the United States that 
are used in a project to which this section applies, 
but were not produced in the United States; or 
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‘‘(2) represented that goods described in para-
graph (1) of this section were produced in the 
United States.’’. 
(b) CONFORMING AMENDMENT.—The analysis for 
subtitle V is amended by inserting below the item for 
chapter 285 the following: 
‘‘287. Buy America preferences ...................................................28701
‘‘
Fraudulent use of ‘Made in America’ label ..................28702’’. 
(c) RELATED AMENDMENTS.— 
(1) Section 24305 is amended by repealing sub-
section (f). 
(2) Section 24405(a) is amended by redesig-
nating paragraphs (1) through (11), respectively, as 
paragraphs (2) through (12). 
(3) Section 24405(a) is amended by inserting 
at the beginning the following: 
‘‘(1) This subsection applies to projects that 
have received Federal funding to carry out this 
chapter prior to the enactment of the Rail Safety, 
Reliability, and Efficiency for a Strong America 
Act.’’. 
SEC. 9206. RAIL PASSENGER TRANSPORTATION LIABILITY 
AND MANDATORY COVERAGE. 
(a) LIABILITY.—Section 28103 is amended as fol-
lows: 
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(1) By revising subsection (a)(2) by inserting, 
‘‘including commuter rail passengers,’’ after the 
words ‘‘rail passenger,’’. 
(2) By revising subsection (b) to read as fol-
lows: 
‘‘(b) CONTRACTUAL OBLIGATIONS.—A provider of 
rail passenger transportation may enter into contracts 
that allocate financial responsibility for claims and such 
contracts shall be enforceable notwithstanding any other 
provision of law, common law or public policy or the na-
ture of the conduct giving rise to the damages or liabil-
ity.’’. 
(3) By inserting at the end of subsection (e) the 
following: 
‘‘(4) the term ‘rail passenger transportation’ in-
cludes commuter rail transportation.’’. 
(b) MANDATORY COVERAGE.—Subsection 28103(c) 
is amended by striking ‘‘Amtrak’’ and inserting ‘‘A pro-
vider of rail passenger transportation’’. 
SEC. 9207. SHARED-USE STUDY. 
(a) IN GENERAL.—The Secretary shall conduct a 
study, in consultation with, as appropriate, Amtrak, com-
muter, and other passenger rail operators, rail carriers 
that own rail infrastructure over which both passenger and 
freight trains operate, States, the Surface Transportation 
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571 
Board, and groups representing rail passengers and cus-
tomers, in order to evaluate the shared-use of right-of-way 
by passenger and freight rail systems and the operational, 
institutional, and legal structures that would best support 
improvements to both of these systems. 
(b) AREAS OF STUDY.—In conducting the study, the 
Secretary shall evaluate— 
(1) the access and use of railroad right-of-way 
by a railroad that does not own the right-of-way. 
This evaluation shall include an analysis of pas-
senger rail services that operate over privately owned 
right-of-way, including access agreements, costs of 
access, and the resolution of disputes relating to 
such access or costs; 
(2) the effectiveness of existing contractual and 
regulatory mechanisms for establishing, measuring, 
and enforcing train performance standards, includ-
ing identification of gaps in those existing mecha-
nisms and designation of possible new approaches; 
(3) mechanisms for measuring and maintaining 
benefits resulting from publically funded freight and/ 
or intercity passenger rail improvements, including 
those improvements directed towards shared-use 
right-of-way; 
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(4) standard approaches to operations, capacity, 
and cost estimation modeling that allows for trans-
parent decisionmaking while also protecting the pro-
prietary interests of all parties; and 
(5) other issues identified by the Secretary. 
(c) REPORT.—Within 180 days after the establish-
ment of a dedicated Rail Account within the Transpor-
tation Trust Fund, the Secretary shall submit rec-
ommendations developed pursuant to subsections (a) and 
(b), including any legislative proposals consistent with 
such recommendations, to the Committee on Transpor-
tation and Infrastructure of the House of Representatives, 
and the Committee on Commerce, Science, and Transpor-
tation of the Senate. 
(d) IMPLEMENTATION.—The Secretary shall inte-
grate the recommendations submitted under subsection (c) 
into its financial assistance programs under subtitle V and 
section 502 of the Railroad Revitalization and Regulatory 
Reform Act of 1976 (45 U.S.C. 822), as appropriate. The 
Secretary may promulgate a rulemaking or rulemakings 
to integrate such recommendations, if appropriate. 
(e) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Secretary such 
sums as necessary to conduct the study described in this 
section, to remain available until expended. 
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573 
SEC. 9208. DISADVANTAGED BUSINESS ENTERPRISES; DIS-
PARITY AND AVAILABILITY STUDY. 
(a) IN GENERAL.—The Secretary of Transportation 
shall continue actions to conduct a nationwide disparity 
and availability study to establish the availability and utili-
zation of small business concerns owned and controlled by 
socially and economically disadvantaged individuals 
(‘‘small disadvantaged businesses’’) in publicly funded 
railroad projects. 
(b) DEFINITIONS.—In this section: 
(1) SMALL
BUSINESS
CONCERN.—The term 
‘‘small business concern’’ means a small business 
concern as the term is used in section 3 of the Small 
Business Act (15 U.S.C. 632). The term ‘‘small 
business concern’’ does not include any concern or 
group of concerns controlled by the same socially 
and economically disadvantaged individual or indi-
viduals that have average annual gross receipts dur-
ing the preceding 3 fiscal years in excess of 
$22,410,000, as adjusted annually by the Secretary 
for inflation. 
(2) SOCIALLY AND ECONOMICALLY DISADVAN-
TAGED INDIVIDUAL.—The term ‘‘socially and eco-
nomically disadvantaged individual’’ has the mean-
ing given the term in section 8(d) of the Small Busi-
ness Act (15 U.S.C. 637(d)) and relevant subcon-
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574 
tracting regulations issued pursuant to that Act, ex-
cept that women shall be presumed to be socially 
and economically disadvantaged individuals for pur-
poses of this section. 
(c) REPORT.—Not later than 3 years after the date 
of enactment of this Act, the Secretary shall transmit to 
the Committee on Transportation and Infrastructure of 
the House of Representatives and the Committee on Com-
merce, Science, and Transportation of the Senate a report 
of the results of the nationwide disparity and availability 
study. 
(d) SECRETARIAL ACTION.—If the Secretary finds a 
strong basis in evidence demonstrating that gender or race 
discrimination or the effects of such discrimination is ad-
versely impacting the award and administration of con-
tracts to small disadvantaged businesses in Federal finan-
cial assistance programs for rail transportation adminis-
tered by the Department of Transportation, the Secretary 
should take appropriate and necessary action to remedy 
the effects of such discrimination. 
Subtitle C—Planning 
SEC. 9301. NATIONAL AND REGIONAL RAIL PLANNING. 
(a) IN GENERAL.—Part B of subtitle V is amended 
by inserting the following after chapter 225: 
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‘‘CHAPTER 226—NATIONAL AND REGIONAL 
RAIL PLANNING 
‘‘Sec. 
‘‘22601. National rail development plan. 
‘‘22602. Regional rail development plans. 
‘‘§ 22601. National rail development plan 
‘‘(a) IN GENERAL.—Within 1 year after the date of 
the enactment of the GROW AMERICA Act, the Sec-
retary of Transportation shall complete a National Rail 
Development Plan. 
‘‘(b) OBJECTIVES.—The objectives of the National 
Rail Development Plan are— 
‘‘(1) to set forth national policy involving high- 
performance rail transportation, including presenting 
priorities and strategies to enhance high-perform-
ance rail transportation; and 
‘‘(2) to serve as the foundation for Regional 
Rail Development Plans. 
‘‘(c) CONTENTS.—The National Rail Development 
Plan shall include the following elements: 
‘‘(1) Conditions under which Federal invest-
ments in regional networks comprised of Core Ex-
press Corridors, Regional Corridors, and/or Feeder 
Corridors are justified, to include, at a minimum, 
parameters addressing the following criteria: 
‘‘(A) Population size and density. 
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‘‘(B) Projected population and economic 
growth and changing demographic characteris-
tics. 
‘‘(C) Connections to local rail and bus 
transit and alternative transportation options. 
‘‘(D) Economic profile of specific markets. 
‘‘(E) Congestion on existing transportation 
facilities and constraints on future capacity en-
hancements, in relation to efficient movement of 
both goods and people. 
‘‘(F) Distances between markets. 
‘‘(G) Geographic characteristics. 
‘‘(2) Conditions under which Federal invest-
ments in freight rail projects are justified. 
‘‘(3) A discussion of benefits and costs of po-
tential investments in high-performance rail that 
considers both user and public benefits and costs 
from a network perspective, to include factors such 
as potential passenger ridership or freight tonnage 
changes, travel time reductions, enhanced mobility 
benefits, improved reliability and resilience, environ-
mental benefits, economic benefits, and other public 
benefits, including sensitivity analyses on these fac-
tors. 
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‘‘(4) Issues related to timing and phasing for 
the implementation of potential Core Express Cor-
ridors, Regional Corridors, and Feeder Corridors. 
‘‘(5) A strategy for investments in intermodal 
passenger stations that are linked to local public 
transportation and non-motorized transportation op-
tions, and that connect to residential areas, commer-
cial areas, and other nearby transportation facilities. 
‘‘(6) Policies and strategies for improving the 
competitiveness of the Nation’s freight rail industry. 
‘‘(7) Suggested performance standards for fiscal 
and operational performance of new and enhanced 
high-performance rail services by service type. 
‘‘(8) General description of the environmental 
benefits or impacts related to the expansion of pas-
senger and freight rail networks, including analysis 
of climate change issues and implications. 
‘‘(9) Recommendations regarding project fi-
nancing, management and implementation for cor-
ridor development, station development, and similar 
projects. 
‘‘(10) Achievement of the objectives set forth in 
section 101 of the Rail for America Act. 
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‘‘(11) Additional factors that the Secretary 
deems relevant for achieving the objectives of this 
subsection. 
‘‘§ 22602. Regional rail development plans 
‘‘(a) IN GENERAL.—The Secretary shall facilitate the 
development of a Regional Rail Development Plans to de-
scribe a multi-State region’s plans for a comprehensive 
and integrated rail network, including plans for public in-
vestment in projects that contribute towards efficient 
movement and increased capacity for freight, by either Re-
gional Rail Development Authorities, described in chapter 
289 of this title, or by any two or more States that have 
entered into interstate compacts, agreements, or organiza-
tions for the purpose of developing such a plan. 
‘‘(b) FEDERAL SHARE INCENTIVE.—A project pro-
posal for Passenger Corridor funding that is consistent 
with an adopted Regional Rail Development Plan shall be 
eligible for a higher Federal share of total project costs 
under the Passenger Corridors program, as described in 
section 24605(b)(7)(B) of this title, provided that the Re-
gional Rail Development Plan meets the content and proc-
ess criteria set forth in this paragraph. 
‘‘(c) CONTENTS AND PROCESS.— 
‘‘(1) CONTENTS.—At a minimum, the Regional 
Rail Development Plan shall contain— 
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‘‘(A) a map that shows specific alignment 
alternatives for the Core Express Corridors, Re-
gional Corridors, and Feeder Corridors that are 
consistent with the criteria established in the 
National Rail Development Plan and that iden-
tifies potential station locations; 
‘‘(B) an examination of multi-modal cor-
ridors and connections that considers the most 
cost-effective means for achieving the region’s 
transportation goals and objectives; 
‘‘(C) a phasing plan for developing or up-
grading specific segments of the regional net-
work; 
‘‘(D) a capital cost estimate for developing 
the regional network; 
‘‘(E) an analysis of operating financial 
forecasts, including high-level ridership and rev-
enue projections; 
‘‘(F) a benefit-cost analysis for the re-
gional network that considers both user and 
public benefits and costs from a network per-
spective, to include factors such as ridership 
projections, travel time reductions, enhanced 
mobility benefits, improved reliability and resil-
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ience, environmental benefits, economic bene-
fits, and other public benefits; 
‘‘(G) an analysis of potential land use poli-
cies and strategies for areas near high-perform-
ance rail stations; 
‘‘(H) general description of the environ-
mental benefits or impacts that could result 
from implementation of the Regional Rail De-
velopment Plan, including analysis of climate 
change issues and implications; 
‘‘(I) consideration of the goals, policies, 
and investment priorities described in highway 
and transit plans developed by States and met-
ropolitan planning organizations within the re-
gion; 
‘‘(J) 
potential 
non-Federal 
funding 
sources, including a detailed consideration of 
anticipated private sector participation; 
‘‘(K) a proposal for the institutional and 
governance structures that will be necessary to 
develop, operate, and maintain the regional net-
work; 
‘‘(L) other project implementation consid-
erations, including an analysis of the readiness 
of specific corridors to proceed for development 
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as evidenced by the completion of service devel-
opment planning and environmental analyses; 
‘‘(M) identification of plans for cost-effec-
tive, 
public 
investment 
in 
shared-benefit 
projects that contribute toward the efficient 
movement and increased capacity for freight 
rail operations; and 
‘‘(N) evidence of support from affected 
States and local jurisdictions. 
‘‘(2) PROCESS.—At a minimum, the process for 
creating the Regional Rail Development Plan shall 
fulfill the following: 
‘‘(A) Be led and formally adopted either— 
‘‘(i) by a Regional Rail Development 
Authority, as described in chapter 289 of 
this title, with the final plan being formally 
adopted by the Regional Rail Development 
Authority; or 
‘‘(ii) by two or more States that have 
jointly engaged in the planning process, 
with the final plan being formally incor-
porated into the State Rail Plans, State 
Freight Plans, and Statewide Transpor-
tation Improvement Plans of each State, 
as applicable. 
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‘‘(B) Ensure substantial opportunities for 
involvement of affected stakeholders, including 
but not limited to local communities, elected of-
ficials, economic development bodies, business 
leaders, railroad infrastructure owners, regional 
air quality planning agencies, Amtrak, pas-
senger rail service operators, freight railroad 
operators, representatives of rail labor, metro-
politan planning organizations, governing au-
thorities for transit systems or airports, Tribal 
governments, and the general public, including 
local communities, low-income and minority 
populations, people with disabilities, and older 
Americans. 
‘‘(C) Provide the stakeholders, including 
those listed in subparagraph (B), reasonable op-
portunity to comment on and participate in the 
development and implementation of the Plans, 
particularly with regard to subsection (c)(1)(A) 
and (G). 
‘‘(d) CONSISTENCY WITH NATIONAL RAIL DEVELOP-
MENT PLAN.— 
‘‘(1) ELIGIBILITY.—In order to be eligible for 
Federal funding through the Passenger Corridor 
program, a Core Express Corridor, Regional Cor-
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ridor, or Feeder Corridor identified in the Regional 
Rail Development Plan shall be consistent with the 
parameters identified in the National Rail Develop-
ment Plan. 
‘‘(2) UPDATES.—In the event that the Regional 
Rail Development Plan is adopted prior to publica-
tion of the National Rail Development Plan, the Re-
gional Plan shall be updated within 1 year of the 
publication of the National Plan. 
‘‘(3) WAIVER.—The Secretary may waive re-
quirements under this subsection as necessary to ac-
commodate unique characteristics and situations in 
specific regions. 
‘‘(e) FINANCIAL ASSISTANCE.—Planning activities to 
create a Regional Rail Development Plan are eligible to 
receive Planning grants, as described in subsection 
24605(e) of this title. The Federal share of such a grant 
shall not exceed 80 percent of the total cost of the 
project.’’. 
(b) REVISIONS TO THE UNITED STATES CODE.—Sec-
tion 103(j) is amended— 
(1) by striking paragraphs (2) and (3); and 
(2) by redesignating paragraphs (4) through 
(7), respectively, as paragraphs (2) through (5). 
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(d) SPECTRUM.—Chapter 201, as amended by this 
Act, is further amended by adding the following new sec-
tion: 
‘‘§ 20169. Federal Communications Commission spec-
trum 
‘‘Not later than 120 days after the date of enactment 
of the Rail for America Act, the Secretary of Transpor-
tation and the Chairman of the Federal Communications 
Commission shall coordinate to assess spectrum needs and 
availability for implementing positive train control sys-
tems, as defined in section 20157 of this title. Such coordi-
nation may include conversations with external stake-
holders.’’. 
(e) CONFORMING AMENDMENT.—The chapter anal-
ysis for chapter 201, as amended by this Act, is further 
amended by inserting after the item relating to section 
20168 the following: 
‘‘20169. Federal Communications Commission spectrum.’’. 
SEC. 9403. HOURS OF SERVICE REFORM. 
(a) CESSATION OF EFFECTIVENESS.—Chapter 211, 
as amended by this Act, shall cease to be effective upon 
the effective date of the regulations mandated by sub-
section (c) of this section. 
(b) AMENDMENT.—Upon the effective date of the 
regulations mandated by subsection (c) of this section— 
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Stat. 4889) is amended by striking ‘‘Secretary of Trans-
portation’’ and inserting ‘‘Secretary’’. 
(g) TUNNEL INFORMATION.—Section 414 of title IV 
of division A of Public Law 110–432 is amended— 
(1) by striking ‘‘parts 171.8, 173.115,’’ (122 
Stat. 
4889) 
and 
inserting 
‘‘sections 
171.8, 
173.115,’’; and 
(2) by striking ‘‘part 1520.5’’ (122 Stat. 4890) 
and inserting ‘‘section 1520.5’’. 
(h) SAFETY INSPECTIONS IN MEXICO.—Section 416 
of title IV of division A of Public Law 110–432 (122 Stat. 
4890) is amended— 
(1) in the introductory text by striking ‘‘Sec-
retary of Transportation’’ and inserting ‘‘Secretary’’; 
and 
(2) in paragraph (4) by striking ‘‘subsection’’ 
and inserting ‘‘section’’. 
(i) HEADING OF TITLE VI.—The heading of title VI 
of division A of Public Law 110–432 (122 Stat. 4900) 
is amended by striking ‘‘SOLID WASTE FACILI-
TIES’’ and inserting ‘‘SOLID WASTE RAIL 
TRANSFER FACILITIES’’. 
(j) CAPTION OF SECTION 602.—The caption of sec-
tion 602 of title VI of division A of Public Law 110–432 
(122 Stat. 4900) is amended by striking ‘‘SOLID WASTE 
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(3) in paragraph (2) by inserting after ‘‘com-
muter rail passenger transportation or intercity rail 
passenger transportation,’’ the following phrase: ‘‘in-
cluding tourist, historic, scenic, or excursion rail 
transportation,’’; 
(4) in paragraph (3)(A) by inserting after 
‘‘commuter rail passenger transportation or intercity 
rail passenger transportation’’ a comma and adding 
the following phrase: ‘‘including tourist, historic, sce-
nic, or excursion rail transportation,’’; and 
(5) in paragraph (4) by striking the colon after 
‘‘In this subsection’’ and inserting a dash and by re-
designating subparagraphs (C) and (D) as subpara-
graphs (B) and (C) respectively. 
(b) LIMITATIONS ON DUTY HOURS OF TRAIN EM-
PLOYEES.—Section 21103(e) is amended by striking 
‘‘such railroads’ efficient operations and on-time perform-
ance of its trains.’’ and inserting ‘‘such a railroad’s effi-
cient operations and on-time performance of its trains.’’. 
(c) REGULATORY AUTHORITY.—Section 21109(b) is 
amended— 
(1) by striking ‘‘REGULATIONS
GOVERNING 
THE HOURS OF SERVICE OF TRAIN EMPLOYEES OF 
COMMUTER AND INTERCITY PASSENGER RAILROAD 
CARRIERS’’ and inserting ‘‘REGULATIONS
GOV-
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