481 
replace legacy passenger rail equipment used for 
Northeast Corridor service; and to fund the portion 
of ongoing capital replacement and renewal needs on 
the Northeast Corridor not covered by Northeast 
Corridor operating surpluses. 
‘‘(3) ELIGIBLE
RECIPIENTS.—The Secretary 
may provide grants to the following entities for eligi-
ble projects under this subsection: 
‘‘(A) Amtrak. 
‘‘(B) States and other public-sector entities 
as identified in the Northeast Corridor Capital 
Asset Plan required by section 24317 of this 
title. 
‘‘(4) ELIGIBLE PROJECTS.—The Secretary may 
provide grants under this subsection for the fol-
lowing activities, as identified in the Five-Year Cap-
ital Asset Plans described in section 24317 of this 
title: 
‘‘(A) STATE OF GOOD REPAIR BACKLOG.— 
To replace or rehabilitate railroad assets that 
are not currently in a state of good repair. 
‘‘(B) 
LEGACY
EQUIPMENT
REPLACE-
MENT.—To replace legacy passenger rolling 
stock and locomotives used for Northeast Cor-
ridor service. 
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482 
‘‘(C) ONGOING
REPLACEMENT
AND
RE-
NEWAL.—To fund the balance needed to main-
tain the existing Northeast Corridor infrastruc-
ture and equipment in an ongoing state of good 
repair, after the following revenues are first 
dedicated to these activities: 
‘‘(i) All operating surpluses generated 
from Northeast Corridor intercity pas-
senger rail services. 
‘‘(ii) All access fees from other users 
of the Northeast Corridor. 
‘‘(iii) All revenues generated from an-
cillary businesses directly associated with 
Northeast Corridor services or infrastruc-
ture. 
‘‘(5) FEDERAL
SHARE
OF
TOTAL
PROJECT 
COSTS.—The Federal share of total project costs 
under this subsection may be up to 100 percent. 
‘‘(c) STATE CORRIDORS.— 
‘‘(1) OBJECTIVE.—To enable the successful im-
plementation of section 209 of Division B of Public 
Law 110–432 for existing State-supported passenger 
rail operations through transitional financial assist-
ance to States. 
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483 
‘‘(2) AUTHORITY.—The Secretary is authorized 
to provide grants, consistent with the maximum time 
period under which temporary financial assistance 
may be received as developed in subsection (c)(3) of 
this section, to eligible recipients under this sub-
section to support the implementation of section 209 
of Division B of Public Law 110–432; and replace-
ment of legacy passenger rolling stock and loco-
motives used on State corridors. 
‘‘(3) TRANSITION ASSISTANCE FRAMEWORK.— 
The Secretary shall develop a transition assistance 
framework within six months of the enactment of 
this Act. As part of this framework, the Secretary 
shall— 
‘‘(A) develop criteria for phasing out activi-
ties under subsection (c)(5)(A) of this section 
by not later than October 1, 2017; and 
‘‘(B) develop policies governing financial 
terms, repayment conditions, and other terms 
of financial assistance. 
‘‘(4) ELIGIBLE RECIPIENTS.— 
‘‘(A) States are eligible to receive grants 
for activities described in subsections (c)(5)(A) 
and (c)(5)(B) of this section. 
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484 
‘‘(B) States may enter into contractual 
agreements to allow for Amtrak to receive 
grants for activities described in subsection 
(c)(5)(B) of this section. 
‘‘(5) ELIGIBLE
ACTIVITIES.—Grants provided 
under this paragraph may be used to: 
‘‘(A) Provide temporary financial support 
to eligible recipients in conformance with the 
operating and capital cost methodologies devel-
oped pursuant to section 209 of Division B of 
Public Law 110–432, until not later than Sep-
tember 30, 2017. 
‘‘(B) Replace legacy passenger rolling 
stock and locomotives used for State corridor 
service as identified in the Five-Year Capital 
Asset Plans described in section 24317 of this 
title. 
‘‘(6) FEDERAL SHARE.—The Federal share of 
expenditures for activities described in subsections 
(c)(5)(B) may be up to 80 percent of the total cost. 
‘‘(d) LONG-DISTANCE ROUTES.— 
‘‘(1) OBJECTIVE.—The objective of the long- 
distance routes program is to provide grants to Am-
trak for the continuation of services on long-distance 
routes. 
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485 
‘‘(2) AUTHORITY.—The Secretary may provide 
grants to Amtrak under this subsection, in accord-
ance with the relevant provisions contained in part 
C, subtitle V of this title. 
‘‘(3) ELIGIBLE RECIPIENTS.—Amtrak is eligible 
to receive grants for long-distance route activities. 
‘‘(4) ELIGIBLE
ACTIVITIES.—Grants provided 
for long-distance routes may be expended for the op-
erating and capital costs associated with providing 
reliable national long-distance passenger rail services 
to the extent that such expenses cannot be fully sup-
ported by the passenger and non-passenger revenues 
generated by long-distance passenger services, as 
identified in the Five-Year Business Line Plan de-
scribed in section 24317 of this title. 
‘‘(5) FEDERAL SHARE.—The Federal share of 
expenditures for eligible activities under this sub-
section may be up to 100 percent of the total cost. 
‘‘(e) NATIONAL ASSETS, LEGACY DEBT, AND AM-
TRAK POSITIVE TRAIN CONTROL.— 
‘‘(1) OBJECTIVE.—The objective of the national 
assets program is to provide grants to Amtrak for 
the operating and capital needs associated with the 
Nation’s core rail assets; for servicing Amtrak’s leg-
acy debt; and for implementing positive train control 
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486 
on Amtrak routes where Amtrak is fully or partially 
responsible for compliance with section 20157 of this 
title. 
‘‘(2) AUTHORITY.—The Secretary may provide 
grants to Amtrak under this subsection. 
‘‘(3) ELIGIBLE RECIPIENTS.—Amtrak is eligible 
to receive grants for national asset activities. 
‘‘(4) ELIGIBLE
ACTIVITIES.—Grants provided 
for national assets may be expended for— 
‘‘(A) operating and capital costs associated 
with operating and maintaining national res-
ervations, security, mechanical facilities, train-
ing centers and other assets associated with 
Amtrak’s national passenger rail transportation 
system; 
‘‘(B) implementing positive train control 
on Amtrak routes where Amtrak is fully or par-
tially responsible for compliance with section 
20157 of this title; and 
‘‘(C) making payments for principal and 
interest payments related to debt incurred prior 
to fiscal year 2005. 
‘‘(5) EVALUATION OF NATIONAL ASSETS OPER-
ATING COSTS.— 
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487 
‘‘(A) The Secretary shall evaluate the cost 
and scope of all operating activities defined in 
paragraph (4)(A) of this subsection, and shall 
identify which activities are— 
‘‘(i) required in order to ensure the ef-
ficient operations of a national passenger 
rail system; 
‘‘(ii) appropriate for allocation to one 
of the other Amtrak business lines; and 
‘‘(iii) extraneous to providing an effi-
cient national passenger rail system or are 
too costly relative to the benefits or per-
formance outcomes they provide. 
‘‘(B) Within 1 year after the completion of 
the review in subparagraph (A), the Federal 
Railroad Administration, in consultation with 
the Amtrak Board of Directors, the governors 
of each relevant State, and the Mayor of the 
District of Columbia, or entities representing 
those officials, shall restructure and/or reallo-
cate national assets operating costs according to 
the findings of the review in that subparagraph. 
‘‘(6) FEDERAL SHARE.—The Federal share of 
expenditures for eligible activities under this sub-
section may be up to 100 percent of the total cost 
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488 
as identified in the Five-Year Business Line Plan 
described in section 24317 of this title. 
‘‘(f) STATIONS—AMERICANS
WITH
DISABILITIES 
ACT COMPLIANCE.— 
‘‘(1) OBJECTIVE.—The objective of the pro-
gram is to bring all stations served by Amtrak into 
compliance with the Americans with Disabilities Act. 
‘‘(2) AUTHORITY.—The Secretary may provide 
grants to Amtrak under this subsection. 
‘‘(3) ELIGIBLE RECIPIENTS.—Amtrak is eligible 
to receive grants for eligible activities under this 
subsection. 
‘‘(4) ELIGIBLE
ACTIVITIES.—Grants provided 
under this subsection may be expended for upgrad-
ing existing intercity passenger rail stations to com-
ply with the Americans with Disabilities Act. 
‘‘(5) FEDERAL SHARE.—The Federal share of 
expenditures for eligible activities under this sub-
section may be up to 100 percent of the total cost. 
‘‘§ 24605. Rail service improvement program 
‘‘(a) IN GENERAL.—The Secretary of Transportation 
shall establish a Rail Service Improvement Program under 
this section. The program shall promote and facilitate de-
velopment of new passenger rail corridors and improve-
ments to existing passenger and freight rail corridors. The 
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Rail Service Improvement Program consists of programs 
covering the following: 
‘‘(1) Passenger Corridors. 
‘‘(2) Commuter Railroads—Positive Train Con-
trol Compliance. 
‘‘(3) Local Rail Facilities and Safety. 
‘‘(4) Planning. 
‘‘(b) PASSENGER CORRIDORS.— 
‘‘(1) OBJECTIVE.—The objective of the pas-
senger corridors program under this subsection is to 
build regional networks of passenger rail corridors 
through construction of new corridors or substantial 
improvements to existing corridors, including Core 
Express Corridors, Regional Corridors, and Feeder 
Corridors, as defined in section 24601 of this title, 
and to mitigate passenger train congestion at critical 
rail chokepoints. 
‘‘(2) AUTHORITY.—The Secretary is authorized 
to provide grants under this subsection to eligible re-
cipients (as specified in paragraph (3)) for eligible 
corridor development and positive train control 
projects (as specified in paragraph (4)). 
‘‘(3) ELIGIBLE
RECIPIENTS.—Entities eligible 
for funding for eligible projects identified in para-
graph (4) are the following: 
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490 
‘‘(A) A State. 
‘‘(B) A group of States. 
‘‘(C) An Interstate Compact. 
‘‘(D) A Regional Rail Development Au-
thority as defined in chapter 289 of this title. 
‘‘(E) A public agency or publicly-chartered 
authority established by one or more States and 
having responsibility for providing high-speed or 
intercity passenger rail service. 
‘‘(F) Amtrak. 
‘‘(G) Any institution for procuring, man-
aging, or maintaining passenger rail rolling 
stock and locomotives that may be established 
pursuant to the outcomes of the review de-
scribed in section 305 of division B of Public 
Law 110–432, as amended. 
‘‘(4) 
ELIGIBLE
PROJECTS.—The 
following 
projects are eligible to receive funding under this 
subsection: 
‘‘(A) A capital project that is for the pri-
mary benefit of or use in high-performance rail 
service is eligible to receive passenger corridors 
grants under this subsection, provided that— 
‘‘(i) the project proposal is consistent 
with an adopted service development plan 
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491 
or rail hub plan at the time of application; 
and 
‘‘(ii) the project sponsor has com-
pleted, prior to the time of application, the 
appropriate level of environmental reviews, 
in compliance with the applicable environ-
mental protection requirements, including 
the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.), its imple-
menting regulations, and applicable proce-
dures. 
‘‘(B) A capital project identified by the 
Surface Transportation Board as to improve 
the on-time performance and reliability of inter-
city rail passenger transportation under section 
24308(f) of this title. 
‘‘(C) A capital project designated by the 
Secretary as being necessary to address conges-
tion challenges affecting passenger rail. 
‘‘(5) PROJECT
SELECTION
CRITERIA.—In se-
lecting the recipients of grants for eligible projects 
under paragraph (4), the Secretary shall: 
‘‘(A) Give preference to proposed projects 
that are consistent with the investment goals, 
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492 
objectives, policies, and methodologies defined 
in the following: 
‘‘(i) Any national rail planning guid-
ance or parameters set forth by the Sec-
retary. 
‘‘(ii) Any Regional Rail Development 
Plans described in section 22602 of this 
title that are applicable to a project pro-
posal, once available. 
‘‘(iii) Any State Rail Plans, as de-
scribed in chapter 227 of this title that are 
applicable to a project proposal. 
‘‘(B) Also consider the following: 
‘‘(i) The project’s system and service 
performance as experienced by the pas-
senger, including measures such as im-
proved reliability, reduced trip time, addi-
tional service frequency to meet anticipated 
or existing demand, or other significant 
system and service enhancements. 
‘‘(ii) Cost-benefit analysis of the 
project, which shall include such factors as 
the project’s estimated ridership and an-
ticipated user and public benefits, relative 
to the proposed Federal investment, and 
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493 
consideration of enhanced mobility, envi-
ronmental, and economic benefits (both for 
the specific project proposal and in terms 
of the costs and benefits generated by the 
specific project within a network context). 
‘‘(iii) Cross-modal benefits generated 
by the project, including anticipated im-
pacts on air, transit, or highway traffic 
congestion, capacity, or safety; and cost 
avoidance or deferral of planned invest-
ments in aviation, transit, and highway 
systems. 
‘‘(iv) Opportunities for operational in-
tegration with commuter rail or other rail 
operations, as well as with regional public 
transportation providers, including the de-
gree to which the project could allow for 
coordinated schedules, seamless connec-
tions between trains, integrated sales and 
ticketing systems, and other mechanisms 
that will benefit passengers and encourage 
cost containment among rail operators. 
‘‘(v) Equitable financial participation 
by other beneficiaries of the project, in-
cluding the degree to which the project’s 
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494 
business plan considers potential private 
sector participation in the financing, con-
struction, and/or operation of the project. 
‘‘(vi) The recipient’s past performance 
in developing and delivering similar pas-
senger rail projects. 
‘‘(vii) The recipient’s previous finan-
cial contributions to developing high-per-
formance rail services, including any non- 
Federal contributions in excess of min-
imum requirements that the sponsor may 
have provided as a match for previous Fed-
eral grants. 
‘‘(viii) The likelihood that new service 
or expanded service projects, once brought 
into service, will be able to cover on-going 
operating costs without the support of 
grants, within a reasonable time frame. 
‘‘(ix) Whether the recipient has or will 
have the legal, financial, and technical ca-
pacity to carry out the project, satisfactory 
continuing control over the use of the 
equipment or facilities, and the capability 
and willingness to maintain the equipment 
or facilities. 
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495 
‘‘(x) The likelihood that the proposed 
project is feasible and will result in the an-
ticipated benefits, including the recipient’s 
means for ensuring the realization of the 
anticipated benefits. 
‘‘(xi) Any other relevant factors as de-
termined by the Secretary. 
‘‘(6) PLANNING REQUIREMENTS.—To be eligi-
ble for a Federal grant under this subsection, a 
project must be specifically identified on a State Rail 
Plan, as described in section 22702. 
‘‘(7) FEDERAL
SHARE
OF
TOTAL
PROJECT 
COSTS.— 
‘‘(A) TOTAL
PROJECT
COST.—The Sec-
retary shall estimate the total cost of a project 
under this subsection based on engineering 
studies, studies of economic feasibility, environ-
mental analyses, and information on the ex-
pected use of equipment or facilities. 
‘‘(B) 
FEDERAL
SHARE.—The 
Federal 
share of total project costs under this sub-
section shall not exceed 80 percent, except 
where the proposed project was identified 
through and is consistent with a Regional Rail 
Development Plan described in chapter 289 of 
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496 
this title, in which case the Federal share of 
total project costs under this subsection shall 
not exceed 85 percent. 
‘‘(c) COMMUTER RAILROADS; POSITIVE TRAIN CON-
TROL COMPLIANCE.— 
‘‘(1) OBJECTIVE.—The objective of this pro-
gram is to promote rail safety by assisting in fund-
ing the implementation of positive train control on 
commuter railroad-owned infrastructure, equipment, 
and back office systems. 
‘‘(2) AUTHORITY.—The Secretary is authorized 
to provide grants under this subsection to eligible re-
cipients (as described in paragraph (3)) for eligible 
positive train control projects (as described in para-
graph (4)). 
‘‘(3) ELIGIBLE
RECIPIENTS.—Entities eligible 
for funding under this subsection include the fol-
lowing: 
‘‘(A) A State. 
‘‘(B) A group of States. 
‘‘(C) A provider of commuter rail pas-
senger transportation, as defined in section 
24102 of this title. 
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497 
‘‘(4) ELIGIBLE PROJECTS.—Projects eligible to 
receive grants under this subsection include the fol-
lowing: 
‘‘(A) A project for analyzing, designing, 
developing, procuring, installing, modifying, 
validating, configuring, and testing of positive 
train control systems hardware or software sys-
tem elements on commuter railroad-owned in-
frastructure, equipment, or back office systems, 
including the following activities: 
‘‘(i) Dedicated passenger service mo-
tive power equipment. 
‘‘(ii) Wayside interface of track-side 
devices on track owned by eligible recipi-
ents. 
‘‘(iii) Back office and dispatch system 
infrastructure owned and operated by pas-
senger railroads. 
‘‘(iv) Roadway worker terminal de-
vices. 
‘‘(v) Communications system design 
and components, such as quality of service 
determinations, physical communications 
infrastructure, and message integrity, au-
thentication, and non-repudiation mecha-
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498 
nisms to protect positive train control sys-
tem communications. 
‘‘(vi) Track databases for track seg-
ments owned by eligible recipients, includ-
ing the population of such databases with 
mapping data. 
‘‘(vii) Project management services for 
oversight and systems engineering of pas-
senger railroad positive train control sys-
tem design, procurement, implementation, 
and testing efforts. 
‘‘(viii) Positive train control system 
training programs for eligible recipients 
compliant with title 49 of the Code of Fed-
eral Regulations, part 236 subpart I. 
‘‘(ix) Engineering support to prepare 
all necessary documentation required for 
regulatory compliance and system certifi-
cation of positive train control systems for 
eligible recipients. 
‘‘(B) An eligible entity specified in para-
graph (4)(A) may not receive funding under 
this subsection for the following activities: 
‘‘(i) The procurement of radio fre-
quency spectrum. 
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‘‘(ii) Positive train control-related 
costs of any entity not listed in paragraph 
(3), such as wayside positive train control 
system components on track segments 
owned by a Class I freight railroad and 
over which commuter rail passenger trans-
portation is regularly provided. 
‘‘(5) PROJECT SELECTION CRITERIA.—The Sec-
retary, in selecting the recipients of grants for eligi-
ble projects under paragraph (4), shall consider the 
following: 
‘‘(A) The scope of positive train control 
system components necessary to comply with 
section 20157 of this title, including the num-
ber of locomotives owned by the eligible recipi-
ent, the number of wayside miles owned by the 
eligible recipient, the number of positive train 
control systems with which the eligible recipi-
ent’s positive train control system must be 
interoperable; the scale of the communications 
infrastructure the eligible recipient requires to 
support positive train control system operations; 
and the number of modifications to dispatching 
and back office systems required to support 
positive train control system operations. 
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500 
‘‘(B) The extent to which the applicant has 
demonstrated a clear need for Federal financial 
assistance. 
‘‘(C) The overall completeness and quality 
of the application, including the comprehensive-
ness of its supporting documentation. 
‘‘(D) The extent of prior positive train con-
trol implementation activities. 
‘‘(E) Any other relevant factors as deter-
mined by the Secretary. 
‘‘(6) FEDERAL SHARE OF PROJECT COSTS.— 
‘‘(A) TOTAL
PROJECT
COST.—The Sec-
retary shall estimate the total cost of a project 
under this subsection based on engineering 
studies, studies of economic feasibility, environ-
mental analyses, and information on the ex-
pected use of equipment or facilities. 
‘‘(B) 
FEDERAL
SHARE.—The 
Federal 
share of total project costs for grants provided 
under this subsection shall not exceed 80 per-
cent of the total project cost. 
‘‘(C) MATCH
CREDIT.—The non-Federal 
share requirement may be met in whole or in 
part by eligible expenditures by the railroad 
carrier made subsequent to October 16, 2008, 
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501 
excluding costs related to the lease or acquisi-
tion of radio frequency spectrum. 
‘‘(d) LOCAL RAIL FACILITIES AND SAFETY.— 
‘‘(1) OBJECTIVE.—The objective of the local 
rail facilities and safety program under this sub-
section is to mitigate the impacts of railroad oper-
ations in local communities, through improvements 
to highway-rail grade crossings, upgrades to short- 
line railroad infrastructure, rail line relocation and 
improvement projects, and training and technical as-
sistance to local governments. 
‘‘(2) AUTHORITY.—The Secretary is authorized 
to provide grants under this subsection to eligible re-
cipients (as described in paragraph (3)) for eligible 
freight capacity projects (as described in paragraph 
(4)). A grant may be used to pay all or a portion 
of the subsidy and administrative costs of projects 
eligible for Federal credit assistance under the Rail-
road Revitalization and Regulatory Reform Act of 
1976 (Public Law 94–210) (45 U.S.C. 801 et seq.) 
for a capital project to improve short-line railroad 
infrastructure. 
‘‘(3) ELIGIBLE
RECIPIENTS.—Entities eligible 
for funding under this subsection include the fol-
lowing: 
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502 
‘‘(A) A State. 
‘‘(B) A group of States. 
‘‘(C) An Interstate Compact. 
‘‘(D) A Regional Rail Development Au-
thority, as defined in chapter 289 of this title. 
‘‘(E) A local government. 
‘‘(F) A metropolitan planning organization. 
‘‘(G) A group of metropolitan planning or-
ganizations. 
‘‘(4) ELIGIBLE PROJECTS.—Projects eligible to 
receive grants under this subsection include the fol-
lowing: 
‘‘(A) A capital project to mitigate the im-
pacts of rail infrastructure and operations on a 
local community, including rail line relocation 
and improvement and improving the safety of, 
or eliminating hazards at, a highway-rail grade 
crossing. 
‘‘(B) A capital project to improve short- 
line railroad infrastructure. 
‘‘(C) Training and technical assistance to 
help local governments better understand how 
to coordinate with railroads on operations and 
safety issues, and how to integrate railroad 
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503 
issues into land use and transportation plan-
ning processes. 
‘‘(5) PROJECT
SELECTION
CRITERIA.—In se-
lecting the recipients of grants for freight capacity 
projects under this subsection, the Secretary shall 
consider— 
‘‘(A) the extent to which a proposed 
project— 
‘‘(i) alleviates the impacts of rail oper-
ations on local neighborhoods or urbanized 
areas; 
‘‘(ii) will result in clearly-defined pub-
lic benefits; 
‘‘(iii) contributes to increasing the 
competitiveness and state of good repair of 
short line railroads; 
‘‘(iv) enhances safety at critical high-
way-rail grade crossings; 
‘‘(v) is compatible with local land use, 
economic development, and transportation 
plans and objectives; 
‘‘(vi) includes equitable participation 
from other beneficiaries in the project’s fi-
nancing, including the extent to which the 
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project will leverage private or local gov-
ernment investments; and 
‘‘(vii) will increase the reliability and 
resilience of the nation’s rail system; 
‘‘(B) the past performance of the recipient 
and other beneficiaries of the project in devel-
oping and delivering rail projects; and 
‘‘(C) any other relevant factors as deter-
mined by the Secretary. 
‘‘(6) PLANNING REQUIREMENTS.—To be eligi-
ble for a Federal grant under this subsection, a 
project must be specifically identified on a State Rail 
Plan, as described in section 227 of this title. 
‘‘(7) FEDERAL SHARE OF PROJECT COSTS.— 
‘‘(A) TOTAL
PROJECT
COST.—The Sec-
retary shall estimate the total cost of a project 
under this subsection based on engineering 
studies, studies of economic feasibility, environ-
mental analyses, and information on the ex-
pected use of equipment or facilities. 
‘‘(B) 
FEDERAL
SHARE.—The 
Federal 
share of total project costs for grants provided 
under this subsection shall not exceed 80 per-
cent of the total project cost. 
‘‘(e) PLANNING.— 
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‘‘(1) OBJECTIVE.—The objective of the plan-
ning program under this subsection is to facilitate 
the development of comprehensive plans to guide fu-
ture investments in the nation’s rail systems and to 
develop the workforce necessary to advance Amer-
ica’s rail industry. 
‘‘(2) AUTHORITY.—The Secretary is authorized 
to provide grants under this subsection to eligible re-
cipients (as described in paragraph (3)) for eligible 
planning projects (as described in paragraph (4)). 
‘‘(3) ELIGIBLE
RECIPIENTS.—Entities eligible 
for funding under this subsection include the fol-
lowing: 
‘‘(A) A State. 
‘‘(B) A group of States. 
‘‘(C) An Interstate Compact. 
‘‘(D) A Regional Rail Development Au-
thority as defined in chapter 289 of this title. 
‘‘(E) A public agency or publicly-chartered 
authority established by one or more States and 
having responsibility for providing high-speed or 
intercity passenger rail service. 
‘‘(F) A local government. 
‘‘(G) A metropolitan planning organiza-
tion. 
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‘‘(H) A group of metropolitan planning or-
ganizations. 
‘‘(I) National Academy of Sciences Trans-
portation Research Board, for eligible projects 
described in paragraph (4)(C). 
‘‘(J) Federal Railroad Administration. 
‘‘(4) ELIGIBLE PROJECTS.—Projects eligible to 
receive grants under this subsection include the fol-
lowing: 
‘‘(A) The preparation of new rail planning 
documents or any updates to existing rail plan-
ning documents including the following: 
‘‘(i) A corridor or rail hub investment 
plan that consists of both— 
‘‘(I) a corridor service develop-
ment plan or rail hub plan; and 
‘‘(II) 
corresponding 
environ-
mental analyses. 
‘‘(ii) A regional rail development plan, 
as defined in section 22602 of this title. 
‘‘(iii) A State rail plan, as defined in 
section 22702 of this title. 
‘‘(iv) Any other national, multi-State, 
mega-regional, or State planning activity 
determined by the Secretary to be nec-
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essary to advance the development of pas-
senger and freight rail systems. 
‘‘(B) Capital upgrades to the Transpor-
tation Technology Center for the purposes of 
conducting research, development, testing, eval-
uation, and training for the purpose of enhanc-
ing technologies related to the design and de-
ployment of high-performance rail systems. 
‘‘(C) Research conducted by the National 
Cooperative Rail Research Program, as estab-
lished by section 24910 of this title. 
‘‘(D) Workforce development activities, co-
ordinated to the extent practical with the exist-
ing local training programs supported by the 
U.S. Department of Transportation, the U.S. 
Department of Labor, and the U.S. Depart-
ment of Education, including— 
‘‘(i) interagency agreements with the 
Manufacturing Extension Partnership at 
the National Institute of Standards and 
Technology; 
‘‘(ii) developing and deploying train-
ing and technical assistance opportunities 
for rail stakeholders; and 
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‘‘(iii) rail-based University Transpor-
tation Centers established by section 5505 
of this title. 
‘‘(5) PROJECT
SELECTION
CRITERIA.—In se-
lecting the recipients of grants for planning projects 
under paragraph (4)(A), the Secretary shall con-
sider— 
‘‘(A) the extent to which a proposed plan-
ning project— 
‘‘(i) comprehensively addresses both 
freight and passenger rail issues and 
needs; 
‘‘(ii) considers high-performance rail’s 
role within a multimodal context; 
‘‘(iii) follows a planning process that 
allows for meaningful incorporation of 
input from affected communities, local gov-
ernments, regional councils and planning 
organizations, 
railroads, 
transportation 
modal partners, environmental interests, 
workforce investment boards, economic de-
velopment agencies, the public, and other 
stakeholders, early and throughout the 
process; 
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‘‘(iv) is integrated with other trans-
portation planning efforts; 
‘‘(v) will result in the appropriate doc-
umentation and institutional support to 
proceed with project implementation; and 
‘‘(vi) examines and evaluates non- 
transportation issues that could be affected 
by future capital projects, including but 
not limited to land use, economic develop-
ment, and social equity; and 
‘‘(B) Any other relevant factors as deter-
mined by the Secretary. 
‘‘(6) FEDERAL SHARE OF PROJECT COSTS.— 
‘‘(A) The Federal share of total project 
costs for a grant provided under paragraph 
(4)(A) shall not exceed 80 percent of the total 
project cost. 
‘‘(B) The Federal share of total project 
costs for a grant or contract provided under 
this paragraph (4)(B)–(D) may be up to 100 
percent of the total project cost. 
‘‘(7) FEDERALLY-LED
RAIL
PLANNING.—The 
Secretary may retain up to two percent of the funds 
made available under section 24602(b) of this title 
to facilitate the preparation of national planning 
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tools and analyses, multi-State regional rail plans, 
and service development plans and related environ-
mental reviews for corridors located in multiple 
States. 
‘‘§ 24606. Oversight 
‘‘(a) AUTHORITY.— 
‘‘(1) IN GENERAL.— 
‘‘(A) CURRENT PASSENGER RAIL SERVICE 
PROGRAM.—The Secretary of Transportation 
may expend up to one-half percent of the funds 
made available each fiscal year under section 
24602(a) of this title to conduct oversight of 
and to provide training and technical assistance 
for the current passenger rail service program. 
‘‘(B) RAIL
SERVICE
IMPROVEMENT
PRO-
GRAM.—The Secretary of Transportation may 
expend up to 1 percent of the funds made avail-
able each fiscal year under section 24602(b) of 
this title to conduct oversight, training and 
technical assistance, and project evaluations 
and assessments for the rail service improve-
ment program. 
‘‘(2) PAYMENT.—The Federal share of a con-
tract under this subsection shall be 100 percent. 
‘‘(b) PROJECT MANAGEMENT OVERSIGHT.— 
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‘‘(1) PROCEDURES.—The Secretary shall de-
velop and implement oversight procedures to monitor 
the effective and efficient use of funds appropriated 
under this chapter. These procedures shall include 
such measures as the Secretary deems necessary to 
identify, mitigate, and monitor risks to successful 
delivery of projects. These procedures may include— 
‘‘(A) entering into contracts for safety, 
procurement, management, and financial com-
pliance reviews, audits, and reports of a recipi-
ent of funds appropriated under this chapter; 
‘‘(B) conducting site visits to review the 
progress and implementation of projects under 
this chapter; and 
‘‘(C) establishing field offices to oversee 
projects and to provide project delivery assist-
ance to the recipients of financial assistance 
under this chapter. 
‘‘(2) ACCESS.—Each recipient of financial as-
sistance under this chapter shall provide the Sec-
retary or the Secretary’s designee, including a con-
tractor the Secretary chooses under paragraph 
(1)(A) of this subsection, with access to the con-
struction sites and records of the recipient when rea-
sonably necessary. 
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‘‘(c) PROJECT EVALUATION AND ASSESSMENT.—The 
Secretary shall develop and implement procedures for eval-
uating the implementation of projects receiving funds 
made available under sections 24602(b) of this title and 
assessing the extent to which these projects achieved in-
tended outcomes and public benefits. These procedures 
may include— 
‘‘(1) establishing criteria to guide the selection 
of grants under section 24602(b) for individual as-
sessments; 
‘‘(2) identifying, collecting, and analyzing 
standardized data and metrics related to grant ap-
plications under section 24602 (b) and (c), and to 
the implementation, outcomes, and public benefits of 
projects receiving grants under section 24602(b); 
‘‘(3) performing a national evaluation of overall 
program 
results 
and 
outcomes 
under 
section 
24602(b); 
‘‘(4) undertaking statistical and cost-benefit 
analyses to identify strategies for maximizing return 
on investment of Federal funding in rail research, 
planning, and construction; and 
‘‘(5) entering into grants or contracts for the 
purpose of carrying out the procedures established 
under this paragraph. 
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‘‘(d) TRAINING AND TECHNICAL ASSISTANCE.—The 
Secretary shall develop and implement procedures to pro-
vide training and technical assistance to grantees and 
other stakeholders in order to ensure the effective and effi-
cient use of funds appropriated under this chapter. 
‘‘(e) PROJECT DELIVERY DOCUMENTATION.—To re-
ceive Federal financial assistance for a project under this 
chapter, an applicant shall prepare project delivery docu-
mentation, which may include the following: 
‘‘(1) A project management plan. 
‘‘(2) A financial plan. 
‘‘(3) A system safety plan. 
‘‘(4) Agreements between the project sponsor(s) 
and all relevant entities. 
‘‘(5) A project risk management plan. 
‘‘(6) Other documents identified by the Sec-
retary as relevant to carrying out project manage-
ment oversight activities under this section. 
‘‘§ 24607. Financial assistance conditions 
‘‘(a) FINANCIAL
ASSISTANCE
CONDITIONS.—The 
Secretary shall require, as a condition of making any fi-
nancial assistance under section 24605, that such finan-
cial assistance shall comply with section 24405 (b), (c), 
(d), and (e) of this title, as amended, in the same manner 
that funding under chapter 244 of part C of subtitle V 
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of this title is required to comply with section 24405 (b), 
(c), (d), and (e) of this title. 
‘‘(b) LOCAL HIRING.— 
‘‘(1) IN GENERAL.—A recipient of assistance 
may advertise, post job opportunities on State job 
banks and with One Stop centers established under 
the Workforce Investment Act, and award a contract 
for construction containing requirements for the em-
ployment of individuals residing in or adjacent to 
any of the areas in which the work is to be per-
formed is for construction work required under the 
contract, provided that— 
‘‘(A) all or part of the construction work 
performed under the contract occurs in an area 
that has— 
‘‘(i) a per capita income of 80 percent 
or less of the national average; or 
‘‘(ii) an unemployment rate that is for 
the most recent 24-month period for which 
data are available at least 1 percent great-
er than the national average unemploy-
ment rate; 
‘‘(B) the estimated cost of the project of 
which the contract is a part is greater than $10 
million; 
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‘‘(C) the recipient may not require the hir-
ing of individuals who do not have the nec-
essary skills to perform work in any craft or 
trade, except for individuals who are subject to 
a apprenticeship program or other training pro-
gram meeting the requirements of subsection 
24605(e) of this title; and 
‘‘(D) the award of such a contract com-
plies with agreements subject to the Railway 
Labor Act (45 U.S.C. 151–188), if applicable. 
‘‘(2) 
ADVERTISEMENT.—In 
advertising 
an 
awarding a contract under this subsection, the Sec-
retary or a recipient of assistance shall ensure that 
the requirements contained in the advertisement 
would not— 
‘‘(A) compromise the quality of the project; 
‘‘(B) unreasonably delay the completion of 
the project; or 
‘‘(C) unreasonably increase the cost of the 
project. 
‘‘(3) AVAILABLE
PROGRAMS.—The Secretary 
shall make available to recipients the workforce de-
velopment and training programs set forth in section 
24605(e)(4)(D)(ii) of this title to assist recipients 
who wish to establish training programs that satisfy 
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the provisions of subsection (b)(1)(C). The Secretary 
of Labor shall make available its qualifying work-
force and training development programs to recipi-
ents who wish to establish training programs that 
satisfy the provisions of section (b)(1)(C).’’. 
(b) CONFORMING AMENDMENT.—The chapter anal-
ysis for subtitle V is amended by inserting the following 
after the item relating to chapter 244: 
‘‘246. National High-Performance Rail System .....................24601’’. 
SEC. 9103. AMTRAK 5-YEAR BUSINESS PLANNING. 
(a) AMTRAK 5-YEAR BUSINESS LINE AND CAPITAL 
ASSET PLANS.—Part C of subtitle V is amended by in-
serting the following new section after section 24316: 
‘‘§ 24317. Amtrak 5-year business line and capital 
asset plans 
‘‘(a) IN GENERAL.— 
‘‘(1) DRAFT PLANS.—Not later than July 1 of 
each year, Amtrak shall submit to the Secretary of 
Transportation draft 5-year business line plans and 
draft 5-year capital asset plans prepared in accord-
ance with this section. Each draft plan shall include 
information on historical performance, the subse-
quent base fiscal year, and the 5-year period that 
begins with the second full fiscal year after the sub-
mission. Amtrak shall, in consultation with the Sec-
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retary of Transportation, revise the draft plans, as 
appropriate. 
‘‘(2) FINAL PLANS.—Not later than February 
15 of each year, Amtrak shall submit to Congress 
and the Secretary of Transportation 5-year business 
line plans prepared in accordance with this section. 
These plans shall form the basis for Amtrak’s gen-
eral and legislative annual report to the President 
and Congress required by subsection 24315(b) of 
this title. 
‘‘(3) UPDATED PLANS.—Amtrak shall submit 
updated 5-year business line plans to Congress and 
the Secretary of Transportation no later than 60 
days after the date of enactment of an appropria-
tions Act for the fiscal year. The updated plan shall 
reflect the actual appropriations levels or obligation 
limits for that fiscal year, and any corresponding ad-
justments to the subsequent fiscal years. Amtrak 
shall submit updated 5-year capital asset plans to 
the Secretary of Transportation no later than 60 
days after the date of enactment of an appropria-
tions Act for the fiscal year. 
‘‘(b) AMTRAK 5-YEAR BUSINESS LINE PLANS.— 
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‘‘(1) AMTRAK BUSINESS LINES.—Amtrak shall 
prepare a 5-year business line plan for each of the 
following business lines: 
‘‘(A) Northeast Corridor, as defined by 
section 24102(5)(A). 
‘‘(B) State corridors, as defined by section 
24102(5)(D). 
‘‘(C) Long-distance routes, as defined by 
section 24102(5)(C). 
‘‘(D) National assets. 
‘‘(2) CONTENTS
OF
5-YEAR
BUSINESS
LINE 
PLANS.—The 5-year business line plan for each busi-
ness line shall include, at a minimum: 
‘‘(A) A statement of Amtrak’s vision, 
goals, and objectives for the business line, co-
ordinated with any entities that are contrib-
uting capital or operating funding to support 
passenger rail services within those business 
lines, and aligned with Amtrak’s Strategic Plan. 
‘‘(B) All projected revenues and expendi-
tures for the business line, including identifica-
tion of revenues and expenditures incurred by— 
‘‘(i) passenger operations; 
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‘‘(ii) non-passenger operations that 
are directly related to the business line, in-
cluding all ancillary business activities; and 
‘‘(iii) governmental funding sources, 
including revenues and other funding re-
ceived from States. 
‘‘(C) Projected ridership levels for all pas-
senger operations. 
‘‘(D) A prioritized list of capital projects, 
including identified funding sources, that is 
aligned with the Five-Year Capital Asset Plans 
described in subsection (c). 
‘‘(E) Estimates of long-term and short- 
term debt and associated principal and interest 
payments (both current and forecasts). 
‘‘(F) Annual profit and loss statements 
and forecasts and balance sheets. 
‘‘(G) Annual cash flow forecasts. 
‘‘(H) A statement describing the meth-
odologies and significant assumptions under-
lying estimates and forecasts. 
‘‘(I) Specific performance measures that 
demonstrate measurable improvement year over 
year in the financial results of Amtrak’s oper-
ations. 
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‘‘(J) Financial performance for each route 
within each business line, including descriptions 
of the cash operating loss and labor produc-
tivity for each route. 
‘‘(K) Specific costs and savings estimates 
resulting from reform initiatives. 
‘‘(L) Prior fiscal year and projected equip-
ment reliability statistics, in coordination with 
the equipment capital asset plan. 
‘‘(M) Identification and explanation of any 
adjustments made from previously approved 
plans. 
‘‘(3) FIVE-YEAR BUSINESS LINE PLANS PROC-
ESS.—In meeting the requirements of this section, 
Amtrak shall— 
‘‘(A) coordinate with the development of 
the capital asset plans described in subsection 
(c) and ensure integration of each 5-year busi-
ness line plan with the 5-year capital asset 
plans; 
‘‘(B) for the Northeast Corridor business 
line plan, coordinate with the Northeast Cor-
ridor Infrastructure and Operations Advisory 
Commission, States, freight railroads, and com-
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muter operators that access Northeast Corridor 
infrastructure; and 
‘‘(C) ensure that Amtrak’s annual budget 
request to Congress is consistent with the infor-
mation in the 5-year business line plans. 
‘‘(4) STANDARDS TO PROMOTE FINANCIAL STA-
BILITY.—In meeting the requirements of subsection 
(b) of this section, Amtrak shall— 
‘‘(A) apply sound budgetary practices; and 
‘‘(B) use the categories specified in the fi-
nancial accounting and reporting system devel-
oped under section 203 of Division B of Public 
Law 110–432 when preparing its 5-year busi-
ness plans. 
‘‘(c) AMTRAK 5-YEAR CAPITAL ASSET PLANS.— 
‘‘(1) CAPITAL
ASSET
CATEGORIES.—Amtrak 
shall prepare a 5-year capital asset plan for each of 
the following capital asset categories: 
‘‘(A) Infrastructure, including all North-
east Corridor assets and other Amtrak-owned 
infrastructure, and the associated engineering 
facilities that support the maintenance and im-
provement of those assets. 
‘‘(B) Passenger rail equipment, including 
all rolling stock, locomotives, and mechanical 
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shop facilities that are used to overhaul equip-
ment. 
‘‘(C) Stations, including all Amtrak-served 
passenger rail stations. 
‘‘(D) Corporate, including assets such as 
information technology, training centers, and 
other capital items that support the national 
passenger rail system. 
‘‘(2) CONTENTS
OF
5-YEAR
CAPITAL
ASSET 
PLANS.—Each capital asset plan shall include, at a 
minimum— 
‘‘(A) a summary of Amtrak’s 5-year stra-
tegic plan for each asset category, including 
goals, objectives, any relevant performance 
metrics, and statutory or regulatory actions af-
fecting the assets; 
‘‘(B) an inventory of existing Amtrak cap-
ital assets, including information regarding 
shared use or ownership, where applicable; and 
‘‘(C) a prioritized list of proposed capital 
investments that— 
‘‘(i) categorizes each capital project as 
being primarily associated with— 
‘‘(I) normalized capital replace-
ment; 
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‘‘(II) backlog capital replace-
ment; 
‘‘(III) improvements to support 
service enhancements or growth; or 
‘‘(IV) strategic initiatives that 
will improve overall operational per-
formance, lower costs, or otherwise 
improve Amtrak’s corporate efficiency; 
‘‘(ii) identifies the anticipated funding 
source for each capital project; 
‘‘(iii) describes the anticipated busi-
ness outcomes of each project, including: 
an assessment of the potential effect on 
passenger operations, safety, reliability and 
resilience, and on Amtrak’s ability to meet 
regulatory requirements should the project 
not be funded; and an assessment of the 
benefits and costs; 
‘‘(iv) identifies where the capital as-
sets are or will be jointly used by intercity 
passenger rail service and other users, and 
that identifies the proportionate share of 
this joint usage; and 
‘‘(v) for projects that are expected to 
be fully or partially funded through Fed-
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eral grants, identifies the most appropriate 
public agency or entity to receive those 
funds and implement each capital project, 
in cases where that entity is not Amtrak. 
‘‘(3) 5-YEAR CAPITAL ASSET PLAN PROCESS.— 
In meeting the requirements of subsection (c) of this 
section, Amtrak shall— 
‘‘(A) coordinate with the development of 
the business lines described in subsection (b)(1) 
of this section and ensure integration of each 5- 
year capital asset plan with the 5-year business 
line plans; and 
‘‘(B) for the infrastructure capital asset 
plan described in subsection (c)(1)(A) of this 
section, coordinate with the Northeast Corridor 
Infrastructure and Operations Advisory Com-
mission, States, freight railroads, and com-
muter operators that access Northeast Corridor 
infrastructure.’’. 
(b) IDENTIFICATION OF DUPLICATIVE REPORTING 
REQUIREMENTS.— 
(1) The Secretary shall review existing Amtrak 
reporting requirements and identify where these re-
quirements are duplicative with the business line and 
capital asset plans required by this section. 
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(2) Where duplicative reporting requirements 
are administrative, the Secretary shall eliminate 
such duplicative requirements. 
(3) The Secretary shall submit a report to Con-
gress with any recommendations for repealing dupli-
cative Amtrak reporting requirements. 
SEC. 9104. CLARIFICATION OF GRANT CONDITIONS. 
(a) RAIL CARRIERS.—Section 24405(b) is amend-
ed— 
(1) by striking the title and inserting: 
‘‘(b) OPERATORS AND CERTAIN RAILROAD TRANS-
PORTATION SERVICE PROVIDERS DEEMED RAIL CAR-
RIERS AND EMPLOYERS FOR CERTAIN PURPOSES.—(1)’’; 
(2) after ‘‘operations over’’ by inserting ‘‘, or 
that performs dispatching, maintenance of way, or 
signal system work for, or in support of, rail oper-
ations that is work performed by employees in crafts 
and classes recognized by the National Mediation 
Board on,’’; 
(3) by replacing ‘‘(1)’’, ‘‘(2)’’, and ‘‘(3)’’ with 
‘‘(A)’’, ‘‘(B)’’, and ‘‘(C)’’; and 
(4) by inserting at the end the following: 
‘‘(2) Notwithstanding subsection (b) of this sec-
tion— 
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‘‘(A) an employer engaged primarily in the 
building and construction industry, as that 
term is used in section 8(f) of the National 
Labor Relations Act, which is performing work 
as a contractor for a rail carrier shall not itself 
be considered a rail carrier solely as a result of 
performance of that work; 
‘‘(B) an employer performing work as a 
contractor or subcontractor consistent with a 
collective bargaining agreement covering the 
railroad that owns rail infrastructure con-
structed or improved with funding provided in 
whole or in part in a grant made under this 
chapter shall not itself be considered a rail car-
rier solely as a result of performance of that 
work; and 
‘‘(C) an employer performing work as a 
contractor for an operator in accordance with a 
collective bargaining agreement reached by the 
operator and a union representing employees in 
a craft or class recognized by the National Me-
diation Board covering work performed by that 
craft or class shall not itself be considered a rail 
carrier solely as a result of performance of that 
work.’’. 
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(b) GRANT
CONDITIONS.—Section 24405(c) is 
amended— 
(1) by striking ‘‘railroad’’ and inserting ‘‘rail-
road or used by a railroad for common carrier serv-
ice’’; and 
(2) in subsection (c)(2), by striking ‘‘comply’’ 
and inserting ‘‘assure compliance’’. 
SEC. 9105. RESEARCH AND DEVELOPMENT. 
(a) RESEARCH, DEVELOPMENT, TESTING, 
AND 
TRAINING.—Section 20108(a) is amended by inserting ‘‘, 
operations, and technology’’ after the word ‘‘safety’’. 
(b) TECHNICAL CORRECTION.—Section 24910 is 
amended by striking subsection (e). 
SEC. 9106. MISCELLANEOUS REVISIONS. 
(a) AMTRAK INDEBTEDNESS.—Division B of Public 
Law 110–432, the Passenger Rail Investment and Im-
provement Act of 2008, is amended— 
(1) by repealing section 204; and 
(2) by revising section 205(a) to read as fol-
lows: 
‘‘(a) IN GENERAL.—The Secretary of the Treasury, 
in consultation with the Secretary and Amtrak, may make 
agreements to restructure Amtrak’s indebtedness as of the 
date of enactment of this Act. This authorization expires 
on September 30, 2018.’’. 
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(b) CRIMINAL PENALTIES.—Section 21311 is amend-
ed as follows: 
(1) Subsection (a) is amended by deleting ‘‘and 
willfully’’. 
(2) The following is inserted at the end: 
‘‘(c) CRIMINAL PENALTY.—A person who knowingly 
violates a provision of this chapter shall, if the violator’s 
activities have led or could have led to death or serious 
injury, be fined under title 18, imprisoned for not more 
than 5 years, or both.’’. 
Subtitle B—Policy 
SEC. 9201. REGIONAL RAIL DEVELOPMENT AUTHORITIES. 
(a) IN GENERAL.—Part E of subtitle V is amended 
by inserting the following after chapter 287: 
‘‘CHAPTER 289—REGIONAL RAIL 
DEVELOPMENT AUTHORITIES 
‘‘Sec. 
‘‘28901. Authority and objectives. 
‘‘28902. Structure. 
‘‘28903. Activities. 
‘‘§ 28901. Authority and objectives 
‘‘(a) AUTHORITY.—The Secretary, in consultation 
with State governors, is authorized to establish Regional 
Rail Development Authorities (hereafter referred to as 
‘RRDAs’) to facilitate the development of multi-State 
high-performance rail services and to coordinate these in-
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vestments with other rail, transit, highway, and aviation 
system services. 
‘‘(b) OBJECTIVES.—The objectives of RRDAs are as 
follows: 
‘‘(1) To establish multi-State public entities 
that have the authority to plan and develop high- 
speed and intercity passenger rail infrastructure and 
services within regions, in coordination with other 
planning and investment efforts in the region’s 
freight rail, transit, highway, and aviation infra-
structure. 
‘‘(2) To develop and implement Regional Rail 
Development Plans that are consistent with the 
framework established in the National Passenger 
Rail Development Plan, including establishing a 
structure for State- and corridor-level planning ef-
forts. 
‘‘(3) To support the prioritization of intercity 
passenger rail investments, taking into consideration 
the most logical, efficient, and cost-effective ap-
proach for developing the regional passenger rail 
network. 
‘‘(4) To facilitate interoperability and integra-
tion across corridors and States within regions. 
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‘‘§ 28902. Structure 
‘‘(a) GOVERNANCE.— 
‘‘(1) EXECUTIVE DIRECTOR.— 
‘‘(A) APPOINTMENT.—An RRDA shall be 
administered by an Executive Director who is 
appointed by the Secretary. 
‘‘(B) SUPERVISION.—The Executive Direc-
tor shall be subject to the supervision and direc-
tion of the Secretary consistent with the Execu-
tive Director’s responsibilities and other re-
quirements established in this chapter. 
‘‘(C) EXPERTISE.—The Executive Director 
shall have demonstrated expertise in the fol-
lowing three areas: 
‘‘(i) Passenger or freight rail oper-
ations. 
‘‘(ii) Transportation or infrastructure 
planning. 
‘‘(iii) Project, public, or corporate fi-
nance. 
‘‘(D) AUTHORITY.—The Executive Direc-
tor shall be the chief executive officer of the 
RRDA, with such executive functions, powers, 
and duties as may be prescribed by this chapter 
or otherwise by the Secretary. 
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‘‘(E) RESPONSIBILITY.—The Executive Di-
rector shall have responsibility for the day-to- 
day operations of the RRDA. In addition to the 
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.— 
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‘‘(A) ESTABLISHMENT.—There is estab-
lished within the RRDA a deliberative body to 
be known as the ‘Regional Committee’. 
‘‘(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; 
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‘‘(vii) regional transportation and air 
quality planning agencies; and 
‘‘(viii) other individuals or organiza-
tions that the Regional Committee deter-
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 
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partners for designing, constructing, oper-
ating, or maintaining a corridor. 
‘‘(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 
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chapter shall have the power to undertake the following 
corridor development activities: 
‘‘(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. 
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‘‘(5) Coordinating the financing package for 
project development and delivery, including struc-
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 
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under the Rail Service Improvement Program, as de-
scribed in section 24605 of this title.’’. 
(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 paragraph (c)(1)(B) to read as 
follows: 
‘‘(B) develop a proposed timetable for im-
plementing the formula that allows for a 
phased-in schedule that incorporates a reason-
able amount of time for agreements to be nego-
tiated among affected parties, provided that the 
formula is fully implemented no later than Sep-
tember 30, 2018.’’. 
(2) In paragraph (e), by striking ‘‘2013’’ and 
replacing with ‘‘2018’’. 
(3) By inserting paragraph (g) to read as fol-
lows: 
‘‘(g) NORTHEAST CORRIDOR GOVERNANCE.—Not 
later than September 30, 2014, the Commission shall 
issue a report with recommendations regarding the appro-
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priate mechanisms for managing, improving, financing, 
operating, and maintaining the Northeast Corridor, in-
cluding a clear delineation of responsibilities among the 
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 
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facilitate level boarding for the equipment serving 
the platform; 
(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-
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form at a height other than those described in sub-
section (a) may continue to provide such service. 
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, 2013, 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-
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tation and Infrastructure of the House of Representa-
tives.’’. 
(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 
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assistance under subtitle V of this title or under sec-
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 
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this section addresses how the domestic mate-
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-
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tion of the plan. As determined appropriate by the Sec-
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’’. 
(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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(12) Section 24910 is amended by striking sub-
section (e). 
(13) Section 26104 is amended by— 
(A) striking subsection (a); and 
(B) redesignating subsection (b) as (a). 
(14) Section 26106 is amended by striking sub-
section (h). 
SEC. 9502. TECHNICAL CORRECTIONS TO THE RAIL SAFETY 
IMPROVEMENT ACT OF 2008. 
(a) FEDERAL RAILROAD ADMINISTRATION.—Section 
103(c) is amended by striking ‘‘the Administration shall 
consider the assignment and maintenance of safety as the 
highest priority,’’ and inserting ‘‘the Administration shall 
consider the improvement of safety as the highest pri-
ority,’’. 
(b) ASSISTANCE TO FAMILIES OF PASSENGERS IN-
VOLVED IN RAIL PASSENGER ACCIDENTS.—Section 1139 
is amended— 
(1) in subsection (a)(1) by striking ‘‘phone 
number’’ and inserting ‘‘telephone number’’; 
(2) in subsection (a)(2) by striking ‘‘post trau-
ma communication with families’’ and inserting 
‘‘post-trauma communication with families’’; and 
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(3) in subsection (j)(2) by striking ‘‘railroad 
passenger accident’’ and inserting ‘‘rail passenger 
accident’’. 
(c) SOLID
WASTE
RAIL
TRANSFER
FACILITIES 
LAND-USE EXEMPTION.—Section 10909 is amended— 
(1) in subsection (b), in the matter preceding 
paragraph (1), by striking ‘‘Clean Railroad Act of 
2008,’’ and inserting ‘‘Clean Railroads Act of 
2008,’’; and 
(2) in subsection (e) by striking ‘‘Upon the 
granting of petition from the State’’ and inserting 
‘‘Upon the granting of a petition from the State’’. 
(d) RULEMAKING
PROCESS.—Section 20116 is 
amended— 
(1) by inserting ‘‘(1)’’ after ‘‘unless’’; and 
(2) by inserting ‘‘(2)’’ before ‘‘the code, rule, 
standard, requirement, or practice has been subject 
to notice and comment under a rule or order issued 
under this part.’’. 
(e) ENFORCEMENT REPORT.—Section 20120(a) is 
amended— 
(1) in the matter preceding paragraph (1), by 
striking ‘‘website’’ and inserting ‘‘Web site’’; 
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(2) in paragraph (1), by striking ‘‘accident and 
incidence reporting’’ and inserting ‘‘accident and in-
cident reporting’’; 
(3) in paragraph (2)(G), by inserting ‘‘and’’ at 
the end; and 
(4) in paragraph (5)(B) by striking ‘‘Adminis-
trative Hearing Officer or Administrative Law 
Judge’’ and inserting ‘‘administrative hearing officer 
or administrative law judge’’. 
(f) RAILROAD
SAFETY
RISK
REDUCTION
PRO-
GRAM.—Section 20156 is amended— 
(1) in subsection (c) by inserting a comma after 
‘‘In developing its railroad safety risk reduction pro-
gram’’; and 
(2) in subsection (g) by inserting a comma after 
‘‘good faith’’ and by striking ‘‘non-profit’’ and in-
serting ‘‘nonprofit’’. 
(g) ROADWAY USER SIGHT DISTANCE AT HIGHWAY- 
RAIL GRADE CROSSINGS.—Section 20159 is amended by 
striking ‘‘the Secretary’’ and inserting ‘‘the Secretary of 
Transportation’’. 
(h) 
NATIONAL
CROSSING
INVENTORY.—Section 
20160 is amended— 
(1) in subsection (a)(1) by striking the word 
‘‘or’’ from the phrase ‘‘concerning each previously 
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