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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572 
(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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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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tems to ensure successful implementation of positive 
train control systems. 
‘‘(4) EXTENSION
AUTHORITY.—The Secretary 
may extend the implementation deadline for one or 
more railroad carriers or other entities set by regula-
tions prescribed pursuant to paragraph (1) and 
paragraph (3) if the Secretary determines that— 
‘‘(A) the railroad carrier or other entity 
has encountered technical programmatic chal-
lenges, as identified by the Secretary in his 
2012 report to Congress pursuant to subsection 
(d), and those challenges have negatively af-
fected the successful implementation of positive 
train control systems; 
‘‘(B) the railroad carrier or other entity 
has demonstrated substantial progress in de-
ploying positive train control to the extent fea-
sible; 
‘‘(C) the railroad carrier or other entity 
has taken actions to mitigate risks to successful 
implementation, as identified by the Secretary 
in his 2012 report to Congress pursuant to sub-
section (d); and 
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