989 
existing intercity passenger rail service and providing new 
intercity passenger rail service, $90,000,000, to remain 
available until expended: Provided, That grants shall be 
provided to a State only on a reimbursable basis: Provided 
further, That grants cover no more than 50 percent of the 
total capital cost of a project selected for funding: Pro-
vided further, That no more than 10 percent of funds 
made available under this program may be used for plan-
ning activities that lead directly to the development of a 
passenger rail corridor investment plan consistent with the 
requirements established by the Administrator: Provided 
further, That no later than eight months following enact-
ment of this Act, the Secretary shall establish and publish 
criteria for project selection, set a deadline for grant appli-
cations, and provide a schedule for project selection: Pro-
vided further, That to be eligible for this assistance, States 
must include intercity passenger rail service as an integral 
part of statewide transportation planning as required 
under section 135 of title 23, United States Code: Pro-
vided further, That to be eligible for capital assistance the 
specific project must be on the Statewide Transportation 
Improvement Plan at the time of the application to qual-
ify: Provided further, That the Secretary give priority to 
capital and planning applications for projects that improve 
the safety and reliability of intercity passenger trains, in-
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990 
volve a commitment by freight railroads to an enforceable 
on-time performance of passenger trains of 80 percent or 
greater, involve a commitment by freight railroads of fi-
nancial resources commensurate with the benefit expected 
to their operations, improve or extend service on a route 
that requires little or no Federal assistance for its oper-
ations, and involve a commitment by States or railroads 
of financial resources to improve the safety of highway/ 
rail grade crossings over which the passenger service oper-
ates: Provided further, That the Administrator is directed 
to report to the Committees on Appropriations not later 
than 180 days upon enactment of this Act detailing the 
recipients and outcomes of grants issued pursuant to Pub-
lic Law 110–116, under this heading, the Capital Assist-
ance to States Program, any and all usage and perform-
ance fees paid to a freight railroad for access to the right 
of way: Provided further, That the Administrator may re-
tain up to one-quarter of 1 percent of the funds provided 
under this heading to fund the award and oversight by 
the Administrator of grants made under this heading. 
RAILROAD REHABILITATION AND IMPROVEMENT 
FINANCING PROGRAM 
The Secretary of Transportation is authorized to 
issue to the Secretary of the Treasury notes or other obli-
gations pursuant to section 512 of the Railroad Revitaliza-
tion and Regulatory Reform Act of 1976 (Public Law 94– 
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