549 
Board, and groups representing rail passengers and cus-
tomers, in order to evaluate the shared-use of right-of-way 
by passenger and freight rail systems and the operational, 
institutional, and legal structures that would best support 
improvements to both of these systems. 
(b) AREAS OF STUDY.—In conducting the study, the 
Secretary shall evaluate— 
(1) the access and use of railroad right-of-way 
by a railroad that does not own the right-of-way. 
This evaluation shall include an analysis of pas-
senger rail services that operate over privately owned 
right-of-way, including access agreements, costs of 
access, and the resolution of disputes relating to 
such access or costs; 
(2) the effectiveness of existing contractual and 
regulatory mechanisms for establishing, measuring, 
and enforcing train performance standards, includ-
ing identification of gaps in those existing mecha-
nisms and designation of possible new approaches; 
(3) mechanisms for measuring and maintaining 
benefits resulting from publically funded freight and/ 
or intercity passenger rail improvements, including 
those improvements directed towards shared-use 
right-of-way; 
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(4) standard approaches to operations, capacity, 
and cost estimation modeling that allows for trans-
parent decision-making 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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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 this Act, the Secretary 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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