US Codex
U.S.C.
Notes

§22401. Definitions — Inbound Citations

49 U.S.C. § 22401

Cited by 1158 provisions in release 119-102.

Citations to 49 U.S.C. § 22401 as a whole

Citations to §22401(2)

Citations to §22401(3)

Citations to §22401(4)

Citations to §22401(5)

Citations to §22401(6)

Citations to §22401(7)

Citations to §22401(8)

Citations to §22401(9)

Citations to §22401(10)

Citations to §22401(11)

Citations to §22401(12)

  • 49 U.S.C. § 20101
    Go to provision →
    The purpose of this chapter is to promote safety in every area of railroad operations and reduce railroad-related accidents and incidents.
  • 49 U.S.C. § 20102(1)
    Go to provision →
    (1) “Class I railroad”, “Class II railroad”, and “Class III railroad” mean railroad carriers that have annual carrier operating revenues that meet the threshold amount for Class I carriers, Class II carriers, and Class III carriers, respectively, as determined by the Surface Transportation Board under section 1201.1–1 of title 49, Code of Federal Regulations.
  • 49 U.S.C. § 20102(2)
    Go to provision →
    (2) “railroad”—
    (A) means any form of nonhighway ground transportation that runs on rails or electromagnetic guideways, including—
    (i) commuter or other short-haul railroad passenger service in a metropolitan or suburban area and commuter railroad service that was operated by the Consolidated Rail Corporation on January 1, 1979; and
    (ii) high speed ground transportation systems that connect metropolitan areas, without regard to whether those systems use new technologies not associated with traditional railroads; but
    (B) does not include rapid transit operations in an urban area that are not connected to the general railroad system of transportation.
  • 49 U.S.C. § 20102(2)(A)(i)
    Go to provision →
    (i) commuter or other short-haul railroad passenger service in a metropolitan or suburban area and commuter railroad service that was operated by the Consolidated Rail Corporation on January 1, 1979; and
  • 49 U.S.C. § 20102(2)(A)(ii)
    Go to provision →
    (ii) high speed ground transportation systems that connect metropolitan areas, without regard to whether those systems use new technologies not associated with traditional railroads; but
  • 49 U.S.C. § 20102(2)(B)
    Go to provision →
    (B) does not include rapid transit operations in an urban area that are not connected to the general railroad system of transportation.
  • 49 U.S.C. § 20102(3)
    Go to provision →
    (3) “railroad carrier” means a person providing railroad transportation, except that, upon petition by a group of commonly controlled railroad carriers that the Secretary determines is operating within the United States as a single, integrated rail system, the Secretary may by order treat the group of railroad carriers as a single railroad carrier for purposes of one or more provisions of part A, subtitle V of this title and implementing regulations and order, subject to any appropriate conditions that the Secretary may impose.
  • 49 U.S.C. § 20102(4)(A)
    Go to provision →
    (A) a railroad employee who is subject to chapter 211;
  • 49 U.S.C. § 20102(4)(B)
    Go to provision →
    (B) another operating railroad employee who is not subject to chapter 211;
  • 49 U.S.C. § 20102(4)(C)
    Go to provision →
    (C) an employee who maintains the right of way of a railroad;
  • 49 U.S.C. § 20102(4)(F)
    Go to provision →
    (F) any other employee of a railroad carrier who directly affects railroad safety, as determined by the Secretary.
  • 49 U.S.C. § 20103(a)
    Go to provision →
    (a) The Secretary of Transportation, as necessary, shall prescribe regulations and issue orders for every area of railroad safety supplementing laws and regulations in effect on October 16, 1970. When prescribing a security regulation or issuing a security order that affects the safety of railroad operations, the Secretary of Homeland Security shall consult with the Secretary.
  • 49 U.S.C. § 20103(d)(1)
    Go to provision →
    (1) The Secretary of Transportation may waive, or suspend the requirement to comply with, any part of a regulation prescribed or an order issued under this chapter if such waiver or suspension is in the public interest and consistent with railroad safety.
  • 49 U.S.C. § 20103(d)(4)(A)(ii)
    Go to provision →
    (ii) consistent with railroad safety.
  • 49 U.S.C. § 20103(d)(5)
    Go to provision →
    (5) Nothing in this subsection may be construed to delay any waiver granted pursuant to this subsection that is in the public interest and consistent with railroad safety.
  • 49 U.S.C. § 20103(e)
    Go to provision →
    (e) The Secretary shall conduct a hearing as provided by section 553 of title 5 when prescribing a regulation or issuing an order under this part, including a regulation or order establishing, amending, or providing a waiver, described in subsection (d), of compliance with a railroad safety regulation prescribed or order issued under this part. An opportunity for an oral presentation shall be provided.
  • 49 U.S.C. § 20103(f)
    Go to provision →
    (f) In prescribing regulations that pertain to railroad safety that affect tourist, historic, scenic, or excursion railroad carriers, the Secretary of Transportation shall take into consideration any financial, operational, or other factors that may be unique to such railroad carriers. The Secretary shall submit a report to Congress not later than September 30, 1995, on actions taken under this subsection.
  • 49 U.S.C. § 20103(g)(1)(B)
    Go to provision →
    (B) the waiver is not inconsistent with railroad safety; and
  • 49 U.S.C. § 20105(a)
    Go to provision →
    (a) The Secretary concerned may prescribe investigative and surveillance activities necessary to enforce the safety regulations prescribed and orders issued by the Secretary1 that apply to railroad equipment, facilities, rolling stock, and operations in a State. The State may participate in those activities when the safety practices for railroad equipment, facilities, rolling stock, and operations in the State are regulated by a State authority and the authority submits to the Secretary concerned an annual certification as provided in subsection (b) of this section.
  • 49 U.S.C. § 20105(b)(1)(A)(i)
    Go to provision →
    (i) has regulatory jurisdiction over the safety practices for railroad equipment, facilities, rolling stock, and operations in the State;
  • 49 U.S.C. § 20105(b)(1)(B)(iii)
    Go to provision →
    (iii) the record maintenance, reporting, and inspection practices conducted by the authority to aid the Secretary concerned in enforcing railroad safety regulations prescribed and orders issued by the Secretary concerned, including the number of inspections made of railroad equipment, facilities, rolling stock, and operations by the authority during the prior 12 months; and
  • 49 U.S.C. § 20105(c)(1)
    Go to provision →
    (1) If the Secretary concerned does not receive an annual certification under subsection (a) of this section related to any railroad equipment, facility, rolling stock, or operation, the Secretary concerned may make an agreement with a State authority for the authority to provide any part of the investigative and surveillance activities prescribed by the Secretary concerned as necessary to enforce the safety regulations and orders applicable to the equipment, facility, rolling stock, or operation.
  • 49 U.S.C. § 20105(g)(2)(A)
    Go to provision →
    (A) the Secretary of Transportation, with respect to railroad safety matters concerning such Secretary under laws administered by that Secretary; and
  • 49 U.S.C. § 20105(g)(2)(B)
    Go to provision →
    (B) the Secretary of Homeland Security, with respect to railroad safety matters concerning such Secretary under laws administered by that Secretary.
  • 49 U.S.C. § 20106(a)(1)
    Go to provision →
    (1) Laws, regulations, and orders related to railroad safety and laws, regulations, and orders related to railroad security shall be nationally uniform to the extent practicable.
  • 49 U.S.C. § 20106(a)(2)
    Go to provision →
    (2) A State may adopt or continue in force a law, regulation, or order related to railroad safety or security until the Secretary of Transportation (with respect to railroad safety matters), or the Secretary of Homeland Security (with respect to railroad security matters), prescribes a regulation or issues an order covering the subject matter of the State requirement. A State may adopt or continue in force an additional or more stringent law, regulation, or order related to railroad safety or security when the law, regulation, or order—
    (A) is necessary to eliminate or reduce an essentially local safety or security hazard;
    (B) is not incompatible with a law, regulation, or order of the United States Government; and
    (C) does not unreasonably burden interstate commerce.
  • 49 U.S.C. § 20106(b)(1)(A)
    Go to provision →
    (A) has failed to comply with the Federal standard of care established by a regulation or order issued by the Secretary of Transportation (with respect to railroad safety matters), or the Secretary of Homeland Security (with respect to railroad security matters), covering the subject matter as provided in subsection (a) of this section;
  • 49 U.S.C. § 20107(a)(2)
    Go to provision →
    (2) delegate to a public entity or qualified person the inspection, examination, and testing of railroad equipment, facilities, rolling stock, operations, and persons.
  • 49 U.S.C. § 20107(b)
    Go to provision →
    (b) In carrying out this part, an officer, employee, or agent of the Secretary, at reasonable times and in a reasonable way, may enter and inspect railroad equipment, facilities, rolling stock, operations, and relevant records. When requested, the officer, employee, or agent shall display proper credentials. During an inspection, the officer, employee, or agent is an employee of the United States Government under chapter 171 of title 28.
  • 49 U.S.C. § 20107(c)(1)(A)(ii)
    Go to provision →
    (ii) primarily used by such railroad carriers for communications in connection with railroad operations.
  • 49 U.S.C. § 20108(a)
    Go to provision →
    (a) The Secretary of Transportation shall carry out, as necessary, research, development, testing, evaluation, and training for every area of railroad safety.
  • 49 U.S.C. § 20108(b)
    Go to provision →
    (b) To carry out this part, the Secretary may make contracts for, and carry out, research, development, testing, evaluation, and training (particularly for those areas of railroad safety found to need prompt attention).
  • 49 U.S.C. § 20108(d)
    Go to provision →
    (d) The Secretary may erect, alter, and repair buildings and make other public improvements to carry out necessary railroad research, safety, and training activities at the Transportation Technology Center in Pueblo, Colorado.
  • 49 U.S.C. § 20108(j)(3)(B)
    Go to provision →
    (B) consider the extent to which the applicant would involve public and private sector passenger and freight railroad operators; and
  • 49 U.S.C. § 20109(a)(1)
    Go to provision →
    (1) to provide information, directly cause information to be provided, or otherwise directly assist in any investigation regarding any conduct which the employee reasonably believes constitutes a violation of any Federal law, rule, or regulation relating to railroad safety or security, or gross fraud, waste, or abuse of Federal grants or other public funds intended to be used for railroad safety or security, if the information or assistance is provided to or an investigation stemming from the provided information is conducted by—
    (A) a Federal, State, or local regulatory or law enforcement agency (including an office of the Inspector General under chapter 4 of title 5;1
    (B) any Member of Congress, any committee of Congress, or the Government Accountability Office; or
    (C) a person with supervisory authority over the employee or such other person who has the authority to investigate, discover, or terminate the misconduct;
  • 49 U.S.C. § 20109(a)(2)
    Go to provision →
    (2) to refuse to violate or assist in the violation of any Federal law, rule, or regulation relating to railroad safety or security;
  • 49 U.S.C. § 20109(a)(3)
    Go to provision →
    (3) to file a complaint, or directly cause to be brought a proceeding related to the enforcement of this part or, as applicable to railroad safety or security, chapter 51 or 57 of this title, or to testify in that proceeding;
  • 49 U.S.C. § 20109(a)(6)
    Go to provision →
    (6) to furnish information to the Secretary of Transportation, the Secretary of Homeland Security, the National Transportation Safety Board, or any Federal, State, or local regulatory or law enforcement agency as to the facts relating to any accident or incident resulting in injury or death to an individual or damage to property occurring in connection with railroad transportation; or
  • 49 U.S.C. § 20109(b)(3)
    Go to provision →
    (3) In this subsection, only paragraph (1)(A) shall apply to security personnel employed by a railroad carrier to protect individuals and property transported by railroad.
  • 49 U.S.C. § 20109(c)(1)
    Go to provision →
    (1) A railroad carrier or person covered under this section may not deny, delay, or interfere with the medical or first aid treatment of an employee who is injured during the course of employment. If transportation to a hospital is requested by an employee who is injured during the course of employment, the railroad shall promptly arrange to have the injured employee transported to the nearest hospital where the employee can receive safe and appropriate medical care.
  • 49 U.S.C. § 20109(c)(2)
    Go to provision →
    (2) A railroad carrier or person covered under this section may not discipline, or threaten discipline to, an employee for requesting medical or first aid treatment, or for following orders or a treatment plan of a treating physician, except that a railroad carrier’s refusal to permit an employee to return to work following medical treatment shall not be considered a violation of this section if the refusal is pursuant to Federal Railroad Administration medical standards for fitness of duty or, if there are no pertinent Federal Railroad Administration standards, a carrier’s medical standards for fitness for duty. For purposes of this paragraph, the term “discipline” means to bring charges against a person in a disciplinary proceeding, suspend, terminate, place on probation, or make note of reprimand on an employee’s record.
  • 49 U.S.C. § 20109(i)(1)
    Go to provision →
    (1) Except as provided in paragraph (2) of this subsection, or with the written consent of the employee, the Secretary of Transportation or the Secretary of Homeland Security may not disclose the name of an employee of a railroad carrier who has provided information about an alleged violation of this part or, as applicable to railroad safety or security, chapter 51 or 57 of this title, or a regulation prescribed or order issued under any of those provisions.
  • 49 U.S.C. § 20109(j)(1)
    Go to provision →
    (1) The Secretary of Homeland Security shall establish through regulations, after an opportunity for notice and comment, a process by which any person may report to the Secretary of Homeland Security regarding railroad security problems, deficiencies, or vulnerabilities.
  • 49 U.S.C. § 20111(a)(1)
    Go to provision →
    (1) to impose and compromise a civil penalty for a violation of a railroad safety regulation prescribed or order issued by the Secretary;
  • 49 U.S.C. § 20111(a)(2)
    Go to provision →
    (2) except as provided in section 20113 of this title, to request an injunction for a violation of a railroad safety regulation prescribed or order issued by the Secretary; and
  • 49 U.S.C. § 20111(b)
    Go to provision →
    (b) The Secretary may issue an order directing compliance with this part or with a railroad safety regulation prescribed or order issued under this part.
  • 49 U.S.C. § 20111(c)(1)
    Go to provision →
    (1) If an individual’s violation of this part, chapter 51 of this title, or a regulation prescribed, or an order issued, by the Secretary under this part or chapter 51 of this title is shown to make that individual unfit for the performance of safety-sensitive functions, the Secretary, after providing notice and an opportunity for a hearing, may issue an order prohibiting the individual from performing safety-sensitive functions in the railroad industry for a specified period of time or until specified conditions are met.
  • 49 U.S.C. § 20112(a)(1)
    Go to provision →
    (1) to enjoin a violation of, or to enforce, this part, except for section 20109 of this title, or a railroad safety regulation prescribed or order issued by the Secretary;
  • 49 U.S.C. § 20113(a)
    Go to provision →
    (a) If the Secretary of Transportation does not begin a civil action under section 20112 of this title to enjoin the violation of a railroad safety regulation prescribed or order issued by the Secretary not later than 15 days after the date the Secretary receives notice of the violation and a request from a State authority participating in investigative and surveillance activities under section 20105 of this title that the action be brought, the authority may bring a civil action in a district court of the United States to enjoin the violation. This subsection does not apply if the Secretary makes an affirmative written finding that the violation did not occur or that the action is not necessary because of other enforcement action taken by the Secretary related to the violation.
  • 49 U.S.C. § 20113(b)
    Go to provision →
    (b) If the Secretary does not impose the applicable civil penalty for a violation of a railroad safety regulation prescribed or order issued by the Secretary not later than 60 days after the date of receiving notice from a State authority participating in investigative and surveillance activities under section 20105 of this title, the authority may bring a civil action in a district court of the United States to impose and collect the penalty. This paragraph does not apply if the Secretary makes an affirmative written finding that the violation did not occur.
  • 49 U.S.C. § 20114(c)
    Go to provision →
    (c) Except as provided in section 20104(c) of this title, a proceeding to review a final action of the Secretary of Transportation under this part or, as applicable to railroad safety, chapter 51 or 57 of this title shall be brought in the appropriate court of appeals as provided in chapter 158 of title 28.
  • 49 U.S.C. § 20115(d)(1)(B)
    Go to provision →
    (B) the impact of the fees on the financial health of the railroad industry and its competitive position relative to each competing mode of transportation; and
  • 49 U.S.C. § 20115(d)(2)(A)
    Go to provision →
    (A) there has been an impact from the fees on the financial health of the railroad industry or its competitive position relative to each competing mode of transportation; or
  • 49 U.S.C. § 20115(d)(2)(B)
    Go to provision →
    (B) there is a significant difference in the burden of Government user fees on the railroad industry and other competing modes of transportation.
  • 49 U.S.C. § 20117(d)
    Go to provision →
    (d) At least 50 percent of the amounts appropriated to the Secretary for a fiscal year to carry out railroad research and development programs under this chapter or another law shall be available for safety research, improved track inspection and information acquisition technology, improved railroad freight transportation, and improved railroad passenger systems.
  • 49 U.S.C. § 20117(e)
    Go to provision →
    (e) In addition to amounts otherwise authorized by law, there are authorized to be appropriated for railroad research and development $300,000 for fiscal year 1995, $500,000 for fiscal year 1996, and $750,000 for fiscal year 1997, to support Operation Lifesaver, Inc.
  • 49 U.S.C. § 20118(a)
    Go to provision →
    (a) Except as necessary for the Secretary of Transportation or another Federal agency to enforce or carry out any provision of Federal law, any part of any record (including, but not limited to, a railroad carrier’s analysis of its safety risks and its statement of the mitigation measures it has identified with which to address those risks) that the Secretary has obtained pursuant to a provision of, or regulation or order under, this chapter related to the establishment, implementation, or modification of a railroad safety risk reduction program or pilot program is exempt from the requirements of section 552 of title 5 if the record is—
    (1) supplied to the Secretary pursuant to that safety risk reduction program or pilot program; or
    (2) made available for inspection and copying by an officer, employee, or agent of the Secretary pursuant to that safety risk reduction program or pilot program.
  • 49 U.S.C. § 20118(c)
    Go to provision →
    (c) The Secretary may prohibit the public disclosure of risk analyses or risk mitigation analyses that the Secretary has obtained under other provisions of, or regulations or orders under, this chapter if the Secretary determines that the prohibition of public disclosure is necessary to promote railroad safety.
  • 49 U.S.C. § 20119(a)
    Go to provision →
    (a) The Federal Railroad Administration shall complete a study to evaluate whether it is in the public interest, including public safety and the legal rights of persons injured in railroad accidents, to withhold from discovery or admission into evidence in a Federal or State court proceeding for damages involving personal injury or wrongful death against a carrier any report, survey, schedule, list, or data compiled or collected for the purpose of evaluating, planning, or implementing a railroad safety risk reduction program required under this chapter, including a railroad carrier’s analysis of its safety risks and its statement of the mitigation measures with which it will address those risks. In conducting this study, the Secretary shall solicit input from the railroads, railroad non-profit employee labor organizations, railroad accident victims and their families, and the general public.
  • 49 U.S.C. § 20119(b)
    Go to provision →
    (b) Following completion of the study required under subsection (a), the Secretary, if in the public interest, including public safety and the legal rights of persons injured in railroad accidents, may prescribe a rule subject to notice and comment to address the results of the study. Any such rule prescribed pursuant to this subsection shall not become effective until 1 year after its adoption.
  • 49 U.S.C. § 20120(a)(1)
    Go to provision →
    (1) provides a summary of railroad safety and hazardous materials compliance inspections and audits that Federal or State inspectors conducted in the prior fiscal year organized by type of alleged violation, including track, motive power and equipment, signal, grade crossing, operating practices, accident and incident reporting, and hazardous materials;
  • 49 U.S.C. § 20120(a)(2)
    Go to provision →
    (2) provides a summary of all enforcement actions taken by the Secretary or the Federal Railroad Administration during the prior fiscal year, including—
    (A) the number of civil penalties assessed;
    (B) the initial amount of civil penalties assessed;
    (C) the number of civil penalty cases settled;
    (D) the final amount of civil penalties assessed;
    (E) the difference between the initial and final amounts of civil penalties assessed;
    (F) the number of administrative hearings requested and completed related to hazardous materials transportation law violations or enforcement actions against individuals;
    (G) the number of cases referred to the Attorney General for civil or criminal prosecution; and
    (H) the number and subject matter of all compliance orders, emergency orders, or precursor agreements;
  • 49 U.S.C. § 20120(a)(3)
    Go to provision →
    (3) analyzes the effect of the number of inspections conducted and enforcement actions taken on the number and rate of reported accidents and incidents and railroad safety;
  • 49 U.S.C. § 20120(a)(4)(A)
    Go to provision →
    (A) for each Class I railroad individually; and
  • 49 U.S.C. § 20120(a)(4)(B)(i)
    Go to provision →
    (i) Class II railroads;
  • 49 U.S.C. § 20120(a)(4)(B)(ii)
    Go to provision →
    (ii) Class III railroads;
  • 49 U.S.C. § 20120(a)(5)(C)
    Go to provision →
    (C) the Administrator of the Federal Railroad Administration;
  • 49 U.S.C. § 20120(a)(6)
    Go to provision →
    (6) provides an explanation regarding any changes in the Secretary’s or the Federal Railroad Administration’s enforcement programs or policies that may substantially affect the information reported; and
  • 49 U.S.C. § 20121
    Go to provision →
    The Secretary of Transportation may receive and expend cash, or receive and utilize spare parts and similar items, from non-United States Government sources to repair damages to or replace United States Government-owned automated track inspection cars and equipment as a result of third-party liability for such damages, and any amounts collected under this section shall be credited directly to the Railroad Safety and Operations account of the Federal Railroad Administration and shall remain available until expended for the repair, operation, and maintenance of automated track inspection cars and equipment in connection with the automated track inspection program.
  • 49 U.S.C. § 20133(d)
    Go to provision →
    (d) In prescribing regulations, issuing orders, and making amendments under this section, the Secretary may consult with Amtrak, public authorities operating railroad passenger service, other railroad carriers transporting passengers, organizations of passengers, and organizations of employees. A consultation is not subject to chapter 10 of title 5, but minutes of the consultation shall be placed in the public docket of the regulatory proceeding.
  • 49 U.S.C. § 20134(a)
    Go to provision →
    (a) To the extent practicable, the Secretary of Transportation shall maintain a coordinated effort to develop and carry out solutions to the railroad grade crossing problem and measures to protect pedestrians in densely populated areas along railroad rights of way. To carry out this subsection, the Secretary may use the authority of the Secretary under this chapter and over highway, traffic, and motor vehicle safety and over highway construction. The Secretary may purchase items of nominal value and distribute them to the public without charge as part of an educational or awareness program to accomplish the purposes of this section and of any other sections of this title related to improving the safety of highway-rail crossings and to preventing trespass on railroad rights of way, and the Secretary shall prescribe guidelines for the administration of this authority.
  • 49 U.S.C. § 20134(b)
    Go to provision →
    (b) Not later than June 22, 1989, the Secretary shall prescribe regulations and issue orders to ensure the safe maintenance, inspection, and testing of signal systems and devices at railroad highway grade crossings.
  • 49 U.S.C. § 20134(c)(1)(A)
    Go to provision →
    (A) reflective markers installed on the road surface or on a signal post at railroad grade crossings;
  • 49 U.S.C. § 20138(a)
    Go to provision →
    (a) The Secretary of Transportation shall prescribe regulations and issue orders to prohibit the willful tampering with, or disabling of, any specified railroad safety or operational monitoring device.
  • 49 U.S.C. § 20139
    Go to provision →
    Not later than June 22, 1989, the Secretary of Transportation shall prescribe regulations and issue orders for the safety of maintenance-of-way employees on railroad bridges. The Secretary at least shall provide in those regulations standards for bridge safety equipment, including nets, walkways, handrails, and safety lines, and requirements for the use of vessels when work is performed on bridges located over bodies of water.
  • 49 U.S.C. § 20140(b)(1)
    Go to provision →
    (1) In the interest of safety, the Secretary of Transportation shall prescribe regulations and issue orders, not later than October 28, 1992, related to alcohol and controlled substances use in railroad operations. The regulations shall establish a program requiring—
    (A) a railroad carrier to conduct preemployment, reasonable suspicion, random, and post-accident testing of all railroad employees responsible for safety-sensitive functions (as decided by the Secretary) for the use of a controlled substance in violation of law or a United States Government regulation, and to conduct reasonable suspicion, random, and post-accident testing of such employees for the use of alcohol in violation of law or a United States Government regulation; the regulations shall permit such railroad carriers to conduct preemployment testing of such employees for the use of alcohol; and
    (B) when the Secretary considers it appropriate, disqualification for an established period of time or dismissal of any employee found—
    (i) to have used or been impaired by alcohol when on duty; or
    (ii) to have used a controlled substance, whether or not on duty, except as allowed for medical purposes by law or a regulation or order under this chapter.
  • 49 U.S.C. § 20140(b)(1)(A)
    Go to provision →
    (A) a railroad carrier to conduct preemployment, reasonable suspicion, random, and post-accident testing of all railroad employees responsible for safety-sensitive functions (as decided by the Secretary) for the use of a controlled substance in violation of law or a United States Government regulation, and to conduct reasonable suspicion, random, and post-accident testing of such employees for the use of alcohol in violation of law or a United States Government regulation; the regulations shall permit such railroad carriers to conduct preemployment testing of such employees for the use of alcohol; and
  • 49 U.S.C. § 20140(b)(2)
    Go to provision →
    (2) When the Secretary of Transportation considers it appropriate in the interest of safety, the Secretary may prescribe regulations and issue orders requiring railroad carriers to conduct periodic recurring testing of railroad employees responsible for safety-sensitive functions (as decided by the Secretary) for the use of alcohol or a controlled substance in violation of law or a Government regulation.
  • 49 U.S.C. § 20140(d)
    Go to provision →
    (d) The Secretary of Transportation shall prescribe regulations or issue orders establishing requirements for rehabilitation programs that at least provide for the identification and opportunity for treatment of railroad employees responsible for safety-sensitive functions (as decided by the Secretary) in need of assistance in resolving problems with the use of alcohol or a controlled substance in violation of law or a Government regulation. The Secretary shall decide on the circumstances under which employees shall be required to participate in a program. Each railroad carrier is encouraged to make such a program available to all of its employees in addition to employees responsible for safety-sensitive functions. This subsection does not prevent a railroad carrier from establishing a program under this subsection in cooperation with another railroad carrier.
  • 49 U.S.C. § 20140(f)
    Go to provision →
    (f) This section does not prevent the Secretary of Transportation from continuing in effect, amending, or further supplementing a regulation prescribed or order issued before October 28, 1991, governing the use of alcohol or a controlled substance in railroad operations.
  • 49 U.S.C. § 20141(a)
    Go to provision →
    (a) The Secretary of Transportation shall review existing regulations on railroad power brakes and, not later than December 31, 1993, revise the regulations based on safety information presented during the review. Where applicable, the Secretary shall prescribe regulations that establish standards on dynamic braking equipment.
  • 49 U.S.C. § 20141(c)
    Go to provision →
    (c) The Secretary may exclude from regulations prescribed under subsections (a) and (b) of this section any category of trains or rail operations if the Secretary decides that the exclusion is in the public interest and is consistent with railroad safety. The Secretary shall make public the reasons for the exclusion. The Secretary at least shall exclude from the regulations prescribed under subsection (b)—
    (1) trains that have manned cabooses;
    (2) passenger trains with emergency brakes;
    (3) trains that operate only on track that is not part of the general railroad system;
    (4) trains that do not exceed 30 miles an hour and do not operate on heavy grades, except for any categories of trains specifically designated by the Secretary; and
    (5) trains that operate in a push mode.
  • 49 U.S.C. § 20141(c)(3)
    Go to provision →
    (3) trains that operate only on track that is not part of the general railroad system;
  • 49 U.S.C. § 20142(c)
    Go to provision →
    (c) The Comptroller General shall study the effectiveness of the Secretary’s enforcement of track safety standards, with particular attention to recent relevant railroad accident experience and information. Not later than September 3, 1993, the Comptroller General shall submit a report to Congress and the Secretary on the results of the study, with recommendations for improving enforcement of those standards.
  • 49 U.S.C. § 20142(e)(1)
    Go to provision →
    (1) Within 90 days after the date of enactment of this subsection, the Federal Railroad Administration shall—
    (A) require each track owner using continuous welded rail track to include procedures (in its procedures filed with the Administration pursuant to section 213.119 of title 49, Code of Federal Regulations) to improve the identification of cracks in rail joint bars;
    (B) instruct Administration track inspectors to obtain copies of the most recent continuous welded rail programs of each railroad within the inspectors’ areas of responsibility and require that inspectors use those programs when conducting track inspections; and
    (C) establish a program to review continuous welded rail joint bar inspection data from railroads and Administration track inspectors periodically.
  • 49 U.S.C. § 20142(e)(1)(B)
    Go to provision →
    (B) instruct Administration track inspectors to obtain copies of the most recent continuous welded rail programs of each railroad within the inspectors’ areas of responsibility and require that inspectors use those programs when conducting track inspections; and
  • 49 U.S.C. § 20142(e)(1)(C)
    Go to provision →
    (C) establish a program to review continuous welded rail joint bar inspection data from railroads and Administration track inspectors periodically.
  • 49 U.S.C. § 20142(e)(2)
    Go to provision →
    (2) Whenever the Administration determines that it is necessary or appropriate, the Administration may require railroads to increase the frequency of inspection, or improve the methods of inspection, of joint bars in continuous welded rail.
  • 49 U.S.C. § 20145
    Go to provision →
    Not later than 18 months after November 2, 1994, the Secretary of Transportation shall transmit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report concerning any action that has been taken by the Secretary on railroad bridge displacement detection systems.
  • 49 U.S.C. § 20146
    Go to provision →
    The Secretary of Transportation, in conjunction with a university or college having expertise in transportation safety, shall establish, within one year after November 2, 1994, an Institute for Railroad Safety. The Institute shall research, develop, fund, and test measures for reducing the number of fatalities and injuries relevant to railroad operations. There are authorized to be appropriated to the Secretary $1,000,000 for each of the fiscal years 1996 through 2000 to fund activities carried out under this section by the Institute, which shall report at least once each year on its use of such funds in carrying out such activities and the results thereof to the Secretary of Transportation and the Congress.
  • 49 U.S.C. § 20147
    Go to provision →
    The Secretary of Transportation shall encourage railroad carriers to warn the public about potential liability for violation of regulations related to vandalism of railroad signs, devices, and equipment and to trespassing on railroad property.
  • 49 U.S.C. § 20148(a)
    Go to provision →
    (a) The Secretary of Transportation shall conduct a review of the Department of Transportation’s rules with respect to railroad car visibility. As part of this review, the Secretary shall collect relevant data from operational experience by railroads having enhanced visibility measures in service.
  • 49 U.S.C. § 20148(b)
    Go to provision →
    (b) If the review conducted under subsection (a) establishes that enhanced railroad car visibility would likely improve safety in a cost-effective manner, the Secretary shall initiate a rulemaking proceeding to prescribe regulations requiring enhanced visibility standards for newly manufactured and remanufactured railroad cars. In such proceeding the Secretary shall consider, at a minimum—
    (1) visibility of railroad cars from the perspective of nonrailroad traffic;
    (2) whether certain railroad car paint colors should be prohibited or required;
    (3) the use of reflective materials;
    (4) the visibility of lettering on railroad cars;
    (5) the effect of any enhanced visibility measures on the health and safety of train crew members; and
    (6) the cost/benefit ratio of any new regulations.
  • 49 U.S.C. § 20148(b)(1)
    Go to provision →
    (1) visibility of railroad cars from the perspective of nonrailroad traffic;
  • 49 U.S.C. § 20148(b)(2)
    Go to provision →
    (2) whether certain railroad car paint colors should be prohibited or required;
  • 49 U.S.C. § 20148(b)(4)
    Go to provision →
    (4) the visibility of lettering on railroad cars;
  • 49 U.S.C. § 20148(c)
    Go to provision →
    (c) In prescribing regulations under subsection (b), the Secretary may exclude from any specific visibility requirement any category of trains or railroad operations if the Secretary determines that such an exclusion is in the public interest and is consistent with railroad safety.
  • 49 U.S.C. § 20149
    Go to provision →
    The Secretary of Transportation shall consult with the Secretary of Labor on a regular basis to ensure that all applicable laws affecting safe working conditions for railroad employees are appropriately enforced to ensure a safe and productive working environment for the railroad industry.
  • 49 U.S.C. § 20151(a)
    Go to provision →
    (a) In consultation with affected parties, the Secretary of Transportation shall evaluate and review current local, State, and Federal laws regarding trespassing on railroad property, vandalism affecting railroad safety, and violations of highway-rail grade crossing signs, signals, markings, or other warning devices and develop model prevention strategies and enforcement laws to be used for the consideration of State and local legislatures and governmental entities. The first such evaluation and review shall be completed within 1 year after the date of enactment of the Rail Safety Improvement Act of 2008. The Secretary shall revise the model prevention strategies and enforcement codes periodically.
  • 49 U.S.C. § 20151(b)
    Go to provision →
    (b) The Secretary shall develop and maintain a comprehensive outreach program to improve communications among Federal railroad safety inspectors, State inspectors certified by the Federal Railroad Administration, railroad police, and State and local law enforcement officers, for the purpose of addressing trespassing and vandalism problems on railroad property, and strengthening relevant enforcement strategies. This program shall be designed to increase public and police awareness of the illegality of, dangers inherent in, and the extent of, trespassing on railroad rights-of-way, to develop strategies to improve the prevention of trespassing and vandalism, and to improve the enforcement of laws relating to railroad trespass, vandalism, and safety.
  • 49 U.S.C. § 20151(c)(1)(A)
    Go to provision →
    (A) civil or criminal penalties, or both, for vandalism of railroad equipment or property which could affect the safety of the public or of railroad employees; and
  • 49 U.S.C. § 20151(c)(1)(B)
    Go to provision →
    (B) civil or criminal penalties, or both, for trespassing on a railroad owned or leased right-of-way.
  • 49 U.S.C. § 20151(d)(1)
    Go to provision →
    (1) to drive around a grade crossing gate in a position intended to block passage over railroad tracks;
  • 49 U.S.C. § 20152(a)(1)(A)
    Go to provision →
    (A) malfunctions of signals, crossing gates, and other devices to promote safety at the grade crossing of railroad tracks on those rights-of-way and public or private roads;
  • 49 U.S.C. § 20152(a)(1)(B)
    Go to provision →
    (B) disabled vehicles blocking railroad tracks at such grade crossings;
  • 49 U.S.C. § 20153(a)(1)
    Go to provision →
    (1) the term “highway-rail grade crossing” includes any street or highway crossing over a line of railroad at grade;
  • 49 U.S.C. § 20153(a)(3)
    Go to provision →
    (3) the term “supplementary safety measure” refers to a safety system or procedure, provided by the appropriate traffic control authority or law enforcement authority responsible for safety at the highway-rail grade crossing, that is determined by the Secretary to be an effective substitute for the locomotive horn in the prevention of highway-rail casualties. A traffic control arrangement that prevents careless movement over the crossing (e.g., as where adequate median barriers prevent movement around crossing gates extending over the full width of the lanes in the particular direction of travel), and that conforms to standards prescribed by the Secretary under this subsection, shall be deemed to constitute a supplementary safety measure. The following do not, individually or in combination, constitute supplementary safety measures within the meaning of this subsection: standard traffic control devices or arrangements such as reflectorized crossbucks, stop signs, flashing lights, flashing lights with gates that do not completely block travel over the line of railroad, or traffic signals.
  • 49 U.S.C. § 20153(c)(2)
    Go to provision →
    (2) In order to provide for safety and the quiet of communities affected by train operations, the Secretary may specify in such regulations that any supplementary safety measures must be applied to all highway-rail grade crossings within a specified distance along the railroad in order to be excepted from the requirement of this section.
  • 49 U.S.C. § 20153(f)
    Go to provision →
    (f) The Secretary may, by regulation, provide that the following crossings over railroad lines shall be subject, in whole or in part, to the regulations required under this section:
    (1) Private highway-rail grade crossings.
    (2) Pedestrian crossings.
    (3) Crossings utilized primarily by non­motorized vehicles and other special vehicles.
    Regulations issued under this subsection shall not apply to any location where persons are not authorized to cross the railroad.
  • 49 U.S.C. § 20155(a)
    Go to provision →
    (a) The Federal Railroad Administration shall—
    (1) validate a predictive model to quantify the relevant dynamic forces acting on railroad tank cars under accident conditions within 1 year after the date of enactment of this section; and
    (2) initiate a rulemaking to develop and implement appropriate design standards for pressurized tank cars within 18 months after the date of enactment of this section.
  • 49 U.S.C. § 20155(a)(1)
    Go to provision →
    (1) validate a predictive model to quantify the relevant dynamic forces acting on railroad tank cars under accident conditions within 1 year after the date of enactment of this section; and
  • 49 U.S.C. § 20155(b)
    Go to provision →
    (b) Within 1 year after the date of enactment of this section the Federal Railroad Administration shall conduct a comprehensive analysis to determine the impact resistance of the steels in the shells of pressure tank cars constructed before 1989. Within 6 months after completing that analysis the Administration shall transmit a report, including recommendations for reducing any risk of catastrophic fracture and separation of such cars, to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives.
  • 49 U.S.C. § 20156(a)(1)
    Go to provision →
    (1) Not later than 4 years after the date of enactment of the Rail Safety Improvement Act of 2008, the Secretary of Transportation, by regulation, shall require each railroad carrier that is a Class I railroad, a railroad carrier that has inadequate safety performance (as determined by the Secretary), or a railroad carrier that provides intercity rail passenger or commuter rail passenger transportation—
    (A) to develop a railroad safety risk reduction program under subsection (d) that systematically evaluates railroad safety risks on its system and manages those risks in order to reduce the numbers and rates of railroad accidents, incidents, injuries, and fatalities;
    (B) to submit its program, including any required plans, to the Secretary for review and approval; and
    (C) to implement the program and plans approved by the Secretary.
  • 49 U.S.C. § 20156(a)(1)(A)
    Go to provision →
    (A) to develop a railroad safety risk reduction program under subsection (d) that systematically evaluates railroad safety risks on its system and manages those risks in order to reduce the numbers and rates of railroad accidents, incidents, injuries, and fatalities;
  • 49 U.S.C. § 20156(a)(3)
    Go to provision →
    (3) The Secretary shall review and approve or disapprove railroad safety risk reduction program plans within a reasonable period of time. If the proposed plan is not approved, the Secretary shall notify the affected railroad carrier as to the specific areas in which the proposed plan is deficient, and the railroad carrier shall correct all deficiencies within a reasonable period of time following receipt of written notice from the Secretary. The Secretary shall annually conduct a review to ensure that the railroad carriers are complying with their plans.
  • 49 U.S.C. § 20156(a)(4)
    Go to provision →
    (4) A railroad carrier that is not required to submit a railroad safety risk reduction program under this section may voluntarily submit a program that meets the requirements of this section to the Secretary. The Secretary shall approve or disapprove any program submitted under this paragraph.
  • 49 U.S.C. § 20156(b)
    Go to provision →
    (b) The chief official responsible for safety of each railroad carrier required to submit a railroad safety risk reduction program under subsection (a) shall certify that the contents of the program are accurate and that the railroad carrier will implement the contents of the program as approved by the Secretary.
  • 49 U.S.C. § 20156(c)
    Go to provision →
    (c) In developing its railroad safety risk reduction program, each railroad carrier required to submit such a program pursuant to subsection (a) shall identify and analyze the aspects of its railroad, including operating rules and practices, infrastructure, equipment, employee levels and schedules, safety culture, management structure, employee training, and other matters, including those not covered by railroad safety regulations or other Federal regulations, that impact railroad safety.
  • 49 U.S.C. § 20156(d)(1)
    Go to provision →
    (1) Each railroad carrier required to submit a railroad safety risk reduction program under subsection (a) shall develop a comprehensive safety risk reduction program to improve safety by reducing the number and rates of accidents, incidents, injuries, and fatalities that is based on the risk analysis required by subsection (c) through—
    (A) the mitigation of aspects that increase risks to railroad safety; and
    (B) the enhancement of aspects that decrease risks to railroad safety.
  • 49 U.S.C. § 20156(d)(1)(A)
    Go to provision →
    (A) the mitigation of aspects that increase risks to railroad safety; and
  • 49 U.S.C. § 20156(d)(1)(B)
    Go to provision →
    (B) the enhancement of aspects that decrease risks to railroad safety.
  • 49 U.S.C. § 20156(e)(1)
    Go to provision →
    (1) As part of its railroad safety risk reduction program, a railroad carrier required to submit a railroad safety risk reduction program under subsection (a) shall develop, and periodically update as necessary, a 10-year technology implementation plan that describes the railroad carrier’s plan for development, adoption, implementation, maintenance, and use of current, new, or novel technologies on its system over a 10-year period to reduce safety risks identified under the railroad safety risk reduction program. Any updates to the plan are subject to review and approval by the Secretary.
  • 49 U.S.C. § 20156(e)(2)
    Go to provision →
    (2) A railroad carrier’s technology implementation plan shall include an analysis of the safety impact, feasibility, and cost and benefits of implementing technologies, including processor-based technologies, positive train control systems (as defined in section 20157(i)), electronically controlled pneumatic brakes, rail integrity inspection systems, rail integrity warning systems, switch position monitors and indicators, trespasser prevention technology, highway-rail grade crossing technology, and other new or novel railroad safety technology, as appropriate, that may mitigate risks to railroad safety identified in the risk analysis required by subsection (c).
  • 49 U.S.C. § 20156(e)(3)
    Go to provision →
    (3) A railroad carrier’s technology implementation plan shall contain a prioritized implementation schedule for the development, adoption, implementation, and use of current, new, or novel technologies on its system to reduce safety risks identified under the railroad safety risk reduction program.
  • 49 U.S.C. § 20156(f)(1)
    Go to provision →
    (1) As part of its railroad safety risk reduction program, a railroad carrier required to submit a railroad safety risk reduction program under subsection (a) shall develop and update at least once every 2 years a fatigue management plan that is designed to reduce the fatigue experienced by safety-related railroad employees and to reduce the likelihood of accidents, incidents, injuries, and fatalities caused by fatigue. Any such update shall be subject to review and approval by the Secretary.
  • 49 U.S.C. § 20156(f)(2)
    Go to provision →
    (2) A railroad carrier’s fatigue management plan shall take into account the varying circumstances of operations by the railroad on different parts of its system, and shall prescribe appropriate fatigue countermeasures to address those varying circumstances.
  • 49 U.S.C. § 20156(f)(3)
    Go to provision →
    (3) A railroad shall consider the need to include in its fatigue management plan elements addressing each of the following items, as applicable:
    (A) Employee education and training on the physiological and human factors that affect fatigue, as well as strategies to reduce or mitigate the effects of fatigue, based on the most current scientific and medical research and literature.
    (B) Opportunities for identification, diagnosis, and treatment of any medical condition that may affect alertness or fatigue, including sleep disorders.
    (C) Effects on employee fatigue of an employee’s short-term or sustained response to emergency situations, such as derailments and natural disasters, or engagement in other intensive working conditions.
    (D) Scheduling practices for employees, including innovative scheduling practices, on-duty call practices, work and rest cycles, increased consecutive days off for employees, changes in shift patterns, appropriate scheduling practices for varying types of work, and other aspects of employee scheduling that would reduce employee fatigue and cumulative sleep loss.
    (E) Methods to minimize accidents and incidents that occur as a result of working at times when scientific and medical research have shown increased fatigue disrupts employees’ circadian rhythm.
    (F) Alertness strategies, such as policies on napping, to address acute drowsiness and fatigue while an employee is on duty.
    (G) Opportunities to obtain restful sleep at lodging facilities, including employee sleeping quarters provided by the railroad carrier.
    (H) The increase of the number of consecutive hours of off-duty rest, during which an employee receives no communication from the employing railroad carrier or its managers, supervisors, officers, or agents.
    (I) Avoidance of abrupt changes in rest cycles for employees.
    (J) Additional elements that the Secretary considers appropriate.
  • 49 U.S.C. § 20156(g)(1)
    Go to provision →
    (1) Each railroad carrier required to submit a railroad safety risk reduction program under subsection (a) shall consult with, employ good faith, and use its best efforts to reach agreement with, all of its directly affected employees, including any nonprofit employee labor organization representing a class or craft of directly affected employees of the railroad carrier, on the contents of the safety risk reduction program.
  • 49 U.S.C. § 20157(f)
    Go to provision →
    (f) Nothing in this section restricts the discretion of the Secretary to require railroad carriers other than those specified in subsection (a) to implement a positive train control system pursuant to this section or section 20156, or to specify the period by which implementation shall occur that does not exceed the time limits established in this section or section 20156. In exercising such discretion, the Secretary shall, at a minimum, consider the risk to railroad employees and the public associated with the operations of the railroad carrier.
  • 49 U.S.C. § 20157(i)(3)
    Go to provision →
    (3) The term “interoperability” means the ability to control locomotives of the host railroad and tenant railroad to communicate with and respond to the positive train control system, including uninterrupted movements over property boundaries.
  • 49 U.S.C. § 20157(i)(4)
    Go to provision →
    (4) The term “main line” means a segment or route of railroad tracks over which 5,000,000 or more gross tons of railroad traffic is transported annually, except that—
    (A) the Secretary may, through regulations under subsection (g), designate additional tracks as main line as appropriate for this section; and
    (B) for intercity rail passenger transportation or commuter rail passenger transportation routes or segments over which limited or no freight railroad operations occur, the Secretary shall define the term “main line” by regulation.
  • 49 U.S.C. § 20157(i)(4)(B)
    Go to provision →
    (B) for intercity rail passenger transportation or commuter rail passenger transportation routes or segments over which limited or no freight railroad operations occur, the Secretary shall define the term “main line” by regulation.
  • 49 U.S.C. § 20157(j)(4)
    Go to provision →
    (4) During the period described in paragraph (1), if a positive train control system that has been certified and implemented fails to initialize, cuts out, or malfunctions, the affected railroad carrier or other entity shall submit a notification to the appropriate regional office of the Federal Railroad Administration within 7 days of the system failure, or under alternative location and deadline requirements set by the Secretary, and include in the notification a description of the safety measures the affected railroad carrier or other entity has in place.
  • 49 U.S.C. § 20157(k)
    Go to provision →
    (k) Not later than 120 days after the date of the enactment of this Act,1 the Secretary shall amend section 236.1006(b)(4)(iii)(B) of title 49, Code of Federal Regulations (relating to equipping locomotives for applicable Class II and Class III railroads operating in positive train control territory) to extend each deadline under such section by 3 years.
  • 49 U.S.C. § 20157(m)(1)
    Go to provision →
    (1) Each host railroad subject to this section or subpart I of part 236 of title 49, Code of Federal Regulations, shall electronically submit to the Secretary of Transportation a Report of PTC System Performance on Form FRA F 6180.152, which shall be submitted on or before the applicable due date set forth in paragraph (3) and contain the information described in paragraph (2), which shall be separated by the host railroad, each applicable tenant railroad, and each positive train control-governed track segment, consistent with the railroad’s positive train control Implementation Plan described in subsection (a)(1).
  • 49 U.S.C. § 20157(m)(2)(H)
    Go to provision →
    (H) a summary of any actions the host railroad and its tenant railroads are taking to reduce the frequency and rate of initialization failures, cut outs, and malfunctions, such as any actions to correct or eliminate systemic issues and specific problems.
  • 49 U.S.C. § 20157(m)(3)(A)
    Go to provision →
    (A) Except as provided in subparagraph (B), each host railroad shall electronically submit the report required under paragraph (1) not later than—
    (i) April 30, for the period from January 1 through March 31;
    (ii) July 31, for the period from April 1 through June 30;
    (iii) October 31, for the period from July 1 through September 30; and
    (iv) January 31, for the period from October 1 through December 31 of the prior calendar year.
  • 49 U.S.C. § 20157(m)(3)(B)
    Go to provision →
    (B) Beginning on the date that is 3 years after the date of enactment of the Passenger Rail Expansion and Rail Safety Act of 2021, the Secretary shall reduce the frequency with which host railroads are required to submit the report described in paragraph (1) to not less frequently than twice per year, unless the Secretary—
    (i) determines that quarterly reporting is in the public interest; and
    (ii) publishes a justification for such determination in the Federal Register.
  • 49 U.S.C. § 20157(m)(4)
    Go to provision →
    (4) Each tenant railroad that operates on a host railroad’s positive train control-governed main line and is not currently subject to an exception under section 236.1006(b) of title 49, Code of Federal Regulations, shall submit the information described in paragraph (2) to each applicable host railroad on a continuous basis.
  • 49 U.S.C. § 20157(m)(5)
    Go to provision →
    (5) Any railroad operating a positive train control system classified under Federal Railroad Administration Type Approval number FRA–TA–2010–001 or FRA–TA–2013–003 shall begin submitting the metric required under paragraph (2)(D) not later than January 31, 2023.
  • 49 U.S.C. § 20158(a)
    Go to provision →
    (a) The Secretary of Transportation shall establish a grant program for the deployment of train control technologies, train control component technologies, processor-based technologies, electronically controlled pneumatic brakes, rail integrity inspection systems, rail integrity warning systems, switch position indicators and monitors, remote control power switch technologies, track integrity circuit technologies, and other new or novel railroad safety technology.
  • 49 U.S.C. § 20158(b)(1)
    Go to provision →
    (1) Grants shall be made under this section to eligible passenger and freight railroad carriers, railroad suppliers, and State and local governments for projects described in subsection (a) that have a public benefit of improved safety and network efficiency.
  • 49 U.S.C. § 20158(b)(2)(A)
    Go to provision →
    (A) focus on making technologies interoperable between railroad systems, such as train control technologies;
  • 49 U.S.C. § 20159
    Go to provision →
    Not later than 18 months after the date of enactment of the Rail Safety Improvement Act of 2008, the Secretary of Transportation, after consultation with the Federal Railroad Administration, the Federal Highway Administration, and States, shall develop and make available to States model legislation providing for improving safety by addressing sight obstructions, including vegetation growth, topographic features, structures, and standing railroad equipment, at highway-rail grade crossings that are equipped solely with passive warnings, as recommended by the Inspector General of the Department of Transportation in Report No. MH–2007–044.
  • 49 U.S.C. § 20160(c)
    Go to provision →
    (c) The Secretary shall prescribe the regulations necessary to implement this section. The Secretary may enforce each provision of the Department of Transportation’s statement of the national highway-rail crossing inventory policy, procedures, and instruction for States and railroads that is in effect on the date of enactment of the Rail Safety Improvement Act of 2008, until such provision is superseded by a regulation issued under this section.
  • 49 U.S.C. § 20160(d)(1)
    Go to provision →
    (1) The term “crossing” means a location within a State, other than a location where one or more railroad tracks cross one or more railroad tracks either at grade or grade-separated, where—
    (A) a public highway, road, or street, or a private roadway, including associated sidewalks and pathways, crosses one or more railroad tracks either at grade or grade-separated; or
    (B) a pathway explicitly authorized by a public authority or a railroad carrier that is dedicated for the use of nonvehicular traffic, including pedestrians, bicyclists, and others, that is not associated with a public highway, road, or street, or a private roadway, crosses one or more railroad tracks either at grade or grade-separated.
  • 49 U.S.C. § 20160(d)(1)(A)
    Go to provision →
    (A) a public highway, road, or street, or a private roadway, including associated sidewalks and pathways, crosses one or more railroad tracks either at grade or grade-separated; or
  • 49 U.S.C. § 20160(d)(1)(B)
    Go to provision →
    (B) a pathway explicitly authorized by a public authority or a railroad carrier that is dedicated for the use of nonvehicular traffic, including pedestrians, bicyclists, and others, that is not associated with a public highway, road, or street, or a private roadway, crosses one or more railroad tracks either at grade or grade-separated.
  • 49 U.S.C. § 20161(a)(7)
    Go to provision →
    (7) Federal Railroad Administration regulations establishing performance standards for processor-based signal and train control systems provide a suitable framework for qualification of new or novel technology at highway-rail grade crossings, and the Federal Highway Administration’s Manual on Uniform Traffic Control Devices provides an appropriate means of determining highway user interface with such new technology.
  • 49 U.S.C. § 20161(c)
    Go to provision →
    (c) Railroad carriers and railroad suppliers may submit for review and approval to the Secretary such new technology designed to improve safety at highway-rail grade crossings. The Secretary shall approve by order the new technology designed to improve safety at highway-rail grade crossings in accordance with Federal Railroad Administration standards for the development and use of processor-based signal and train control systems and shall consider the effects on safety of highway-user interface with the new technology.
  • 49 U.S.C. § 20162(a)(1)
    Go to provision →
    (1) minimum training standards for each class and craft of safety-related railroad employee (as defined in section 20102) and equivalent railroad carrier contractor and subcontractor employees, which shall require railroad carriers, contractors, and subcontractors to qualify or otherwise document the proficiency of such employees in each such class and craft regarding their knowledge of, and ability to comply with, Federal railroad safety laws and regulations and railroad carrier rules and procedures promulgated to implement those Federal railroad safety laws and regulations;
  • 49 U.S.C. § 20162(a)(3)
    Go to provision →
    (3) a minimum training curriculum, and ongoing training criteria, testing, and skills evaluation measures to ensure that safety-related railroad employees, and contractor and subcontractor employees, charged with the inspection of track or railroad equipment are qualified to assess railroad carrier compliance with Federal standards to identify defective conditions and initiate immediate remedial action to correct critical safety defects that are known to contribute to derailments, accidents, incidents, or injuries, and, in implementing the requirements of this paragraph, take into consideration existing training programs of railroad carriers.
  • 49 U.S.C. § 20164(b)
    Go to provision →
    (b) In this section, the term “dark territory” means any territory in a railroad system that does not have a signal or train control system installed or operational.
  • 49 U.S.C. § 20167(a)
    Go to provision →
    (a) Not later than 4 years after the date by which States are required to submit State highway-rail grade crossing action plans under section 11401(b) of the Fixing America’s Surface Transportation Act (49 U.S.C. 22907 note), the Administrator of the Federal Railroad Administration, in consultation with the Administrator of the Federal Highway Administration, shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives that summarizes the State highway-rail grade crossing action plans, including—
    (1) an analysis and evaluation of each State railway-highway crossings program under section 130 of title 23, including—
    (A) compliance with section 11401 of the Fixing America’s Surface Transportation Act and section 130(g) of title 23; and
    (B) the specific strategies identified by each State to improve safety at highway-rail grade crossings, including crossings with multiple accidents or incidents;
    (2) the progress of each State in implementing its State highway-rail grade crossings action plan;
    (3) the number of highway-rail grade crossing projects undertaken pursuant to section 130 of title 23, including the distribution of such projects by cost range, road system, nature of treatment, and subsequent accident experience at improved locations;
    (4) which States are not in compliance with their schedule of projects under section 130(d) of title 23; and
    (5) any recommendations for future implementation of the railway-highway crossings program under section 130 of title 23.
  • 49 U.S.C. § 20167(b)
    Go to provision →
    (b) Not later than 5 years after the submission of the report required under subsection (a), the Administrator of the Federal Railroad Administration, in consultation with the Administrator of the Federal Highway Administration, shall—
    (1) update the report based on the State annual reports submitted pursuant to section 130(g) of title 23 and any other information obtained by or available to the Administrator of the Federal Railroad Administration; and
    (2) submit the updated report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives.
  • 49 U.S.C. § 20167(b)(1)
    Go to provision →
    (1) update the report based on the State annual reports submitted pursuant to section 130(g) of title 23 and any other information obtained by or available to the Administrator of the Federal Railroad Administration; and
  • 49 U.S.C. § 20167(c)(1)
    Go to provision →
    (1) The term “highway-rail grade crossing” means a location within a State, other than a location at which 1 or more railroad tracks cross 1 or more railroad tracks at grade, at which—
    (A) a public highway, road, or street, or a private roadway, including associated sidewalks and pathways, crosses 1 or more railroad tracks, either at grade or grade-separated; or
    (B) a pathway explicitly authorized by a public authority or a railroad carrier that—
    (i) is dedicated for the use of nonvehicular traffic, including pedestrians, bicyclists, and others;
    (ii) is not associated with a public highway, road, or street, or a private roadway; and
    (iii) crosses 1 or more railroad tracks, either at grade or grade-separated.
  • 49 U.S.C. § 20167(c)(1)(A)
    Go to provision →
    (A) a public highway, road, or street, or a private roadway, including associated sidewalks and pathways, crosses 1 or more railroad tracks, either at grade or grade-separated; or
  • 49 U.S.C. § 20167(c)(1)(B)(iii)
    Go to provision →
    (iii) crosses 1 or more railroad tracks, either at grade or grade-separated.
  • 49 U.S.C. § 20169(d)(2)
    Go to provision →
    (2) not later than 90 days before implementing any significant operational or territorial operating change, including initiating a new service or route, submit to the Secretary a revised action plan, after consultation with any applicable host railroad, that addresses such operational or territorial operating change.
  • 49 U.S.C. § 20170(a)
    Go to provision →
    (a) Any railroad providing new, regularly scheduled, intercity or commuter rail passenger transportation, an extension of existing service, or a renewal of service that has been discontinued for more than 180 days shall develop and submit for review a comprehensive pre-revenue service safety validation plan to the Secretary of Transportation not later than 60 days before initiating such revenue service. Such plan shall include pertinent safety milestones and a minimum period of simulated revenue service to ensure operational readiness and that all safety sensitive personnel are properly trained and qualified.
  • 49 U.S.C. § 20170(b)
    Go to provision →
    (b) After submitting a plan pursuant to subsection (a), the railroad shall adopt and comply with such plan and may not amend the plan without first notifying the Secretary of the proposed amendment. Revenue service may not begin until the railroad has completed the requirements of its plan, including the minimum simulated service period required by the plan.
  • 49 U.S.C. § 20171(a)(1)
    Go to provision →
    (1) The term “component” means a part or subassembly of a railroad freight car.
  • 49 U.S.C. § 20171(a)(3)
    Go to provision →
    (3) The term “cost of sensitive technology” means the aggregate cost of the sensitive technology located on a railroad freight car.
  • 49 U.S.C. § 20171(a)(7)
    Go to provision →
    (7) The term “qualified manufacturer” means a railroad freight car manufacturer that is not owned or under the control of a state-owned enterprise.
  • 49 U.S.C. § 20171(a)(8)
    Go to provision →
    (8) The term “railroad freight car” means a car designed to carry freight or railroad personnel by rail, including—
    (A) a box car;
    (B) a refrigerator car;
    (C) a ventilator car;
    (D) an intermodal well car;
    (E) a gondola car;
    (F) a hopper car;
    (G) an auto rack car;
    (H) a flat car;
    (I) a special car;
    (J) a caboose car;
    (K) a tank car; and
    (L) a yard car.
  • 49 U.S.C. § 20171(a)(11)
    Go to provision →
    (11) The term “substantially transformed” means a component of a railroad freight car that undergoes an applicable change in tariff classification as a result of the manufacturing process, as described in chapter 4 and related annexes of the USMCA or any subsequent free trade agreement between the United States, Mexico, and Canada.
  • 49 U.S.C. § 20171(b)(1)
    Go to provision →
    (1) A railroad freight car wholly manufactured on or after the date that is 1 year after the date of issuance of the regulations required under subsection (c)(1) may only operate on the United States general railroad system of transportation if—
    (A) the railroad freight car is manufactured, assembled, and substantially transformed, as applicable, by a qualified manufacturer in a qualified facility;
    (B) none of the sensitive technology located on the railroad freight car, including components necessary to the functionality of the sensitive technology, originates from a country of concern or is sourced from a state-owned enterprise; and
    (C) none of the content of the railroad freight car, excluding sensitive technology, originates from a country of concern or is sourced from a state-owned enterprise that has been determined by a recognized court or administrative agency of competent jurisdiction and legal authority to have violated or infringed valid United States intellectual property rights of another including such a finding by a Federal district court under title 35 or the U.S. International Trade Commission under section 337 of the Tariff Act of 1930 (19 U.S.C. 1337).
  • 49 U.S.C. § 20171(b)(1)(A)
    Go to provision →
    (A) the railroad freight car is manufactured, assembled, and substantially transformed, as applicable, by a qualified manufacturer in a qualified facility;
  • 49 U.S.C. § 20171(b)(1)(B)
    Go to provision →
    (B) none of the sensitive technology located on the railroad freight car, including components necessary to the functionality of the sensitive technology, originates from a country of concern or is sourced from a state-owned enterprise; and
  • 49 U.S.C. § 20171(b)(1)(C)
    Go to provision →
    (C) none of the content of the railroad freight car, excluding sensitive technology, originates from a country of concern or is sourced from a state-owned enterprise that has been determined by a recognized court or administrative agency of competent jurisdiction and legal authority to have violated or infringed valid United States intellectual property rights of another including such a finding by a Federal district court under title 35 or the U.S. International Trade Commission under section 337 of the Tariff Act of 1930 (19 U.S.C. 1337).
  • 49 U.S.C. § 20171(b)(2)(A)(i)
    Go to provision →
    (i) Not later than 1 year after the date of issuance of the regulations required under subsection (c)(1), a railroad freight car described in paragraph (1) may operate on the United States general railroad system of transportation only if not more than 20 percent of the content of the railroad freight car, calculated by the net cost of all components of the car and excluding the cost of sensitive technology, originates from a country of concern or is sourced from a state-owned enterprise.
  • 49 U.S.C. § 20171(b)(2)(A)(ii)
    Go to provision →
    (ii) Effective beginning on the date that is 3 years after the date of issuance of the regulations required under subsection (c)(1), a railroad freight car described in paragraph (1) may operate on the United States general railroad system of transportation only if not more than 15 percent of the content of the railroad freight car, calculated by the net cost of all components of the car and excluding the cost of sensitive technology, originates from a country of concern or is sourced from a state-owned enterprise.
  • 49 U.S.C. § 20171(c)(2)
    Go to provision →
    (2) To be eligible to provide a railroad freight car for operation on the United States general railroad system of transportation, the manufacturer of such car shall annually certify to the Secretary of Transportation that any railroad freight cars to be so provided meet the requirements under this section.
  • 49 U.S.C. § 20171(c)(3)(A)
    Go to provision →
    (A) At the time a railroad freight car begins operation on the United States general railroad system of transportation, the manufacturer of such railroad freight car shall have valid certification described in paragraph (2) for the year in which such car begins operation.
  • 49 U.S.C. § 20171(c)(3)(B)
    Go to provision →
    (B) A railroad freight car manufacturer may not register, or cause to be registered, a railroad freight car that does not comply with the requirements under this section in the Association of American Railroad’s1 Umler system.
  • 49 U.S.C. § 20171(c)(4)(A)
    Go to provision →
    (A) Pursuant to section 21301, the Secretary of Transportation may assess a civil penalty of not less than $100,000, but not more than $250,000, for each violation of this section for each railroad freight car.
  • 49 U.S.C. § 20171(c)(4)(B)
    Go to provision →
    (B) The Secretary of Transportation may prohibit a railroad freight car manufacturer with respect to which the Secretary has assessed more than 3 violations under subparagraph (A) from providing additional railroad freight cars for operation on the United States general railroad system of transportation until the Secretary determines—
    (i) such manufacturer is in compliance with this section; and
    (ii) all civil penalties assessed to such manufacturer pursuant to subparagraph (A) have been paid in full.
  • 49 U.S.C. § 20302(a)
    Go to provision →
    (a) Except as provided in subsection (c) of this section and section 20303 of this title, a railroad carrier may use or allow to be used on any of its railroad lines—
    (1) a vehicle only if it is equipped with—
    (A) couplers coupling automatically by impact, and capable of being uncoupled, without the necessity of individuals going between the ends of the vehicles;
    (B) secure sill steps and efficient hand brakes; and
    (C) secure ladders and running boards when required by the Secretary of Transportation, and, if ladders are required, secure handholds or grab irons on its roof at the top of each ladder;
    (2) except as otherwise ordered by the Secretary, a vehicle only if it is equipped with secure grab irons or handholds on its ends and sides for greater security to individuals in coupling and uncoupling vehicles;
    (3) a vehicle only if it complies with the standard height of drawbars required by regulations prescribed by the Secretary;
    (4) a locomotive only if it is equipped with a power-driving wheel brake and appliances for operating the train-brake system; and
    (5) a train only if—
    (A) enough of the vehicles in the train are equipped with power or train brakes so that the engineer on the locomotive hauling the train can control the train’s speed without the necessity of brake operators using the common hand brakes for that purpose; and
    (B) at least 50 percent of the vehicles in the train are equipped with power or train brakes and the engineer is using the power or train brakes on those vehicles and on all other vehicles equipped with them that are associated with those vehicles in the train.
  • 49 U.S.C. § 20302(b)
    Go to provision →
    (b) A railroad carrier complying with subsection (a)(5)(A) of this section may refuse to receive from a railroad line of a connecting railroad carrier or a shipper a vehicle that is not equipped with power or train brakes that will work and readily interchange with the power or train brakes in use on the vehicles of the complying railroad carrier.
  • 49 U.S.C. § 20302(e)
    Go to provision →
    (e) In carrying out subsection (d)(2) and (3) of this section, the Secretary may use the services of the Association of American Railroads.
  • 49 U.S.C. § 20303(a)(1)
    Go to provision →
    (1) on the railroad line on which the defect or insecurity was discovered; or
  • 49 U.S.C. § 20303(a)(2)
    Go to provision →
    (2) at the option of a connecting railroad carrier, on the railroad line of the connecting carrier, if not farther than the place of repair described in clause (1) of this subsection.
  • 49 U.S.C. § 20303(c)
    Go to provision →
    (c) The movement of a vehicle under this section is at the risk only of the railroad carrier doing the moving. This section does not relieve a carrier from liability in a proceeding to recover damages for death or injury of a railroad employee arising from the movement of a vehicle with equipment that is defective, insecure, or not maintained in compliance with this chapter.
  • 49 U.S.C. § 20305
    Go to provision →
    The Secretary of Transportation shall inspect the construction, adaptability, design, and condition of mail cars used on railroads in the United States. The Secretary shall make a report on the inspection and submit a copy of the report to the United States Postal Service.
  • 49 U.S.C. § 20306(a)
    Go to provision →
    (a) Subject to subsection (b) of this section, the Secretary of Transportation may exempt from the requirements of this chapter railroad equipment or equipment that will be operated on rails, when those requirements preclude the development or implementation of more efficient railroad transportation equipment or other transportation innovations under existing law.
  • 49 U.S.C. § 20306(b)(2)
    Go to provision →
    (2) an agreement between national railroad labor representatives and the developer of the new equipment or technology.
  • 49 U.S.C. § 20501
    Go to provision →
    In this chapter, “signal system” means a block signal system, an interlocking, automatic train stop, train control, or cab-signal device, or a similar appliance, method, device, or system intended to promote safety in railroad operations.
  • 49 U.S.C. § 20502(a)(1)
    Go to provision →
    (1) When the Secretary of Transportation decides after an investigation that it is necessary in the public interest, the Secretary may order a railroad carrier to install, on any part of its railroad line, a signal system that complies with requirements of the Secretary. The order must allow the carrier a reasonable time to complete the installation. A carrier may discontinue or materially alter a signal system required under this paragraph only with the approval of the Secretary.
  • 49 U.S.C. § 20502(a)(2)
    Go to provision →
    (2) A railroad carrier ordered under paragraph (1) of this subsection to install a signal system on one part of its railroad line may not be held negligent for not installing the system on any part of its line that was not included in the order. If an accident or incident occurs on a part of the line on which the signal system was not required to be installed and was not installed, the use of the system on another part of the line may not be considered in a civil action brought because of the accident or incident.
  • 49 U.S.C. § 20502(b)
    Go to provision →
    (b) A railroad carrier may allow a signal system to be used on its railroad line only when the system, including its controlling and operating appurtenances—
    (1) may be operated safely without unnecessary risk of personal injury; and
    (2) has been inspected and can meet any test prescribed under this chapter.
  • 49 U.S.C. § 20504(a)(2)(B)
    Go to provision →
    (B) has no financial interest in a railroad carrier or in a concern dealing in railroad supplies.
  • 49 U.S.C. § 20701
    Go to provision →
    A railroad carrier may use or allow to be used a locomotive or tender on its railroad line only when the locomotive or tender and its parts and appurtenances—
  • 49 U.S.C. § 20901(b)(1)
    Go to provision →
    (1) In establishing or changing a monetary threshold for the reporting of a railroad accident or incident, the Secretary shall base damage cost calculations only on publicly available information obtained from—
    (A) the Bureau of Labor Statistics; or
    (B) another department, agency, or instrumentality of the United States Government if the information has been collected through objective, statistically sound survey methods or has been previously subject to a public notice and comment process in a proceeding of a Government department, agency, or instrumentality.
  • 49 U.S.C. § 20902(a)(1)
    Go to provision →
    (1) an accident or incident resulting in serious injury to an individual or to railroad property, occurring on the railroad line of a railroad carrier; and
  • 49 U.S.C. § 20902(b)
    Go to provision →
    (b) In carrying out an investigation, the Secretary or authorized investigator may subpoena witnesses, require the production of records, exhibits, and other evidence, administer oaths, and take testimony. If the accident or incident is investigated by a commission of the State in which it occurred, the Secretary, if convenient, shall carry out the investigation at the same time as, and in coordination with, the commission’s investigation. The railroad carrier on whose railroad line the accident or incident occurred shall provide reasonable facilities to the Secretary for the investigation.
  • 49 U.S.C. § 20902(d)(2)(C)
    Go to provision →
    (C) maintaining such entity’s confidentiality does not adversely affect an investigation of the Federal Railroad Administration.
  • 49 U.S.C. § 21103(a)
    Go to provision →
    (a) Except as provided in subsection (d) of this section, a railroad carrier and its officers and agents may not require or allow a train employee to—
    (1) remain on duty, go on duty, wait for deadhead transportation, be in deadhead transportation from a duty assignment to the place of final release, or be in any other mandatory service for the carrier in any calendar month where the employee has spent a total of 276 hours—
    (A) on duty;
    (B) waiting for deadhead transportation, or in deadhead transportation from a duty assignment to the place of final release; or
    (C) in any other mandatory service for the carrier;
    (2) remain or go on duty for a period in excess of 12 consecutive hours;
    (3) remain or go on duty unless that employee has had at least 10 consecutive hours off duty during the prior 24 hours; or
    (4) remain or go on duty after that employee has initiated an on-duty period each day for—
    (A) 6 consecutive days, unless that employee has had at least 48 consecutive hours off duty at the employee’s home terminal during which time the employee is unavailable for any service for any railroad carrier except that—
    (i) an employee may work a seventh consecutive day if that employee completed his or her final period of on-duty time on his or her sixth consecutive day at a terminal other than his or her home terminal; and
    (ii) any employee who works a seventh consecutive day pursuant to subparagraph (i) shall have at least 72 consecutive hours off duty at the employee’s home terminal during which time the employee is unavailable for any service for any railroad carrier; or
    (B) except as provided in subparagraph (A), 7 consecutive days, unless that employee has had at least 72 consecutive hours off duty at the employee’s home terminal during which time the employee is unavailable for any service for any railroad carrier, if—
    (i) for a period of 18 months following the date of enactment of the Rail Safety Improvement Act of 2008, an existing collective bargaining agreement expressly provides for such a schedule or, following the expiration of 18 months after the date of enactment of the Rail Safety Improvement Act of 2008, collective bargaining agreements entered into during such period expressly provide for such a schedule;
    (ii) such a schedule is provided for by a pilot program authorized by a collective bargaining agreement; or
    (iii) such a schedule is provided for by a pilot program under section 21108 of this chapter related to employees’ work and rest cycles.
    The Secretary may waive paragraph (4), consistent with the procedural requirements of section 20103, if a collective bargaining agreement provides a different arrangement and such an arrangement is in the public interest and consistent with railroad safety.
  • 49 U.S.C. § 21103(d)
    Go to provision →
    (d) A train employee on the crew of a wreck or relief train may be allowed to remain or go on duty for not more than 4 additional hours in any period of 24 consecutive hours when an emergency exists and the work of the crew is related to the emergency. In this subsection, an emergency ends when the track is cleared and the railroad line is open for traffic.
  • 49 U.S.C. § 21103(e)
    Go to provision →
    (e) During a train employee’s minimum off-duty period of 10 consecutive hours, as provided under subsection (a) or during an interim period of at least 4 consecutive hours available for rest under subsection (b)(7) or during additional off-duty hours under subsection (c)(4), a railroad carrier, and its officers and agents, shall not communicate with the train employee by telephone, by pager, or in any other manner that could reasonably be expected to disrupt the employee’s rest. Nothing in this subsection shall prohibit communication necessary to notify an employee of an emergency situation, as defined by the Secretary. The Secretary may waive the requirements of this paragraph for commuter or intercity passenger railroads if the Secretary determines that such a waiver will not reduce safety and is necessary to maintain such railroads’ efficient operations and on-time performance of its trains.
  • 49 U.S.C. § 21104(e)
    Go to provision →
    (e) The hours of service, duty hours, and rest periods of signal employees shall be governed exclusively by this chapter. Signal employees operating motor vehicles shall not be subject to any hours of service rules, duty hours or rest period rules promulgated by any Federal authority, including the Federal Motor Carrier Safety Administration, other than the Federal Railroad Administration.
  • 49 U.S.C. § 21106(a)(2)
    Go to provision →
    (2) may not begin, after July 7, 1976, construction or reconstruction of sleeping quarters referred to in clause (1) of this section in an area or in the immediate vicinity of an area, as determined under regulations prescribed by the Secretary of Transportation, in which railroad switching or humping operations are performed.
  • 49 U.S.C. § 21108(b)
    Go to provision →
    (b) The Secretary may, after notice and opportunity for comment, approve such waivers described in subsection (a) for a period not to exceed two years, if the Secretary determines that such a waiver of compliance is in the public interest and is consistent with railroad safety.
  • 49 U.S.C. § 21109(a)(5)
    Go to provision →
    (5) to require other changes to railroad operating and scheduling practices, including unscheduled duty calls, that could affect employee fatigue and railroad safety.
  • 49 U.S.C. § 21109(b)
    Go to provision →
    (b) Within 3 years after the date of enactment of the Rail Safety Improvement Act of 2008, the Secretary shall prescribe regulations and issue orders to establish hours of service requirements for train employees engaged in commuter rail passenger transportation and intercity rail passenger transportation (as defined in section 24102 of this title) that may differ from the requirements of this chapter. Such regulations and orders may address railroad operating and scheduling practices, including unscheduled duty calls, communications during time off duty, and time spent waiting for deadhead transportation or in deadhead transportation from a duty assignment to the place of final release, that could affect employee fatigue and railroad safety.
  • 49 U.S.C. § 21109(c)
    Go to provision →
    (c) In issuing regulations under subsection (a) the Secretary shall consider scientific and medical research related to fatigue and fatigue abatement, railroad scheduling and operating practices that improve safety or reduce employee fatigue, a railroad’s use of new or novel technology intended to reduce or eliminate human error, the variations in freight and passenger railroad scheduling practices and operating conditions, the variations in duties and operating conditions for employees subject to this chapter, a railroad’s required or voluntary use of fatigue management plans covering employees subject to this chapter, and any other relevant factors.
  • 49 U.S.C. § 21109(d)(1)
    Go to provision →
    (1) If the Secretary determines that regulations are necessary under subsection (a), the Secretary shall first request that the Railroad Safety Advisory Committee develop proposed regulations and, if the Committee accepts the task, provide the Committee with a reasonable time period in which to complete the task.
  • 49 U.S.C. § 21109(d)(2)
    Go to provision →
    (2) If the Secretary requests that the Railroad Safety Advisory Committee accept the task of developing regulations under subsection (b) and the Committee accepts the task, the Committee shall reach consensus on the rulemaking within 18 months after accepting the task. If the Committee does not reach consensus within 18 months after the Secretary makes the request, the Secretary shall prescribe appropriate regulations within 18 months.
  • 49 U.S.C. § 21109(d)(3)
    Go to provision →
    (3) If the Secretary does not request that the Railroad Safety Advisory Committee accept the task of developing regulations under subsection (b), the Secretary shall prescribe regulations within 3 years after the date of enactment of the Rail Safety Improvement Act of 2008.
  • 49 U.S.C. § 21109(e)(1)
    Go to provision →
    (1) Not later than 2 years after the date of enactment of the Rail Safety Improvement Act of 2008, the Secretary shall conduct at least 2 pilot projects of sufficient size and scope to analyze specific practices which may be used to reduce fatigue for train and engine and other railroad employees as follows:
    (A) A pilot project at a railroad or railroad facility to evaluate the efficacy of communicating to employees notice of their assigned shift time 10 hours prior to the beginning of their assigned shift as a method for reducing employee fatigue.
    (B) A pilot project at a railroad or railroad facility to evaluate the efficacy of requiring railroads who use employee scheduling practices that subject employees to periods of unscheduled duty calls to assign employees to defined or specific unscheduled call shifts that are followed by shifts not subject to call, as a method for reducing employee fatigue.
  • 49 U.S.C. § 21109(e)(1)(A)
    Go to provision →
    (A) A pilot project at a railroad or railroad facility to evaluate the efficacy of communicating to employees notice of their assigned shift time 10 hours prior to the beginning of their assigned shift as a method for reducing employee fatigue.
  • 49 U.S.C. § 21109(e)(1)(B)
    Go to provision →
    (B) A pilot project at a railroad or railroad facility to evaluate the efficacy of requiring railroads who use employee scheduling practices that subject employees to periods of unscheduled duty calls to assign employees to defined or specific unscheduled call shifts that are followed by shifts not subject to call, as a method for reducing employee fatigue.
  • 49 U.S.C. § 21109(f)
    Go to provision →
    (f) In this section the term “duty call” means a telephone call that a railroad places to an employee to notify the employee of his or her assigned shift time.
  • 49 U.S.C. § 22301(a)(1)
    Go to provision →
    (1) The Secretary of Transportation shall establish a program for making capital grants to class II and class III railroads. Such grants shall be for projects in the public interest that—
    (i) rehabilitate, preserve, or improve railroad track (including roadbed, bridges, and related track structures) used primarily for freight transportation;
    (ii) facilitate the continued or greater use of railroad transportation for freight shipments; and
    (iii) reduce the use of less fuel efficient modes of transportation in the transportation of such shipments; or
    (B) demonstrate innovative technologies and advanced research and development that increase fuel economy, reduce greenhouse gas emissions, and lower the costs of operation.
  • 49 U.S.C. § 22301(a)(1)(A)(i)
    Go to provision →
    (i) rehabilitate, preserve, or improve railroad track (including roadbed, bridges, and related track structures) used primarily for freight transportation;
  • 49 U.S.C. § 22301(a)(1)(A)(ii)
    Go to provision →
    (ii) facilitate the continued or greater use of railroad transportation for freight shipments; and
  • 49 U.S.C. § 22301(a)(2)(A)
    Go to provision →
    (A) directly to the class II or class III railroad; or
  • 49 U.S.C. § 22301(a)(2)(B)
    Go to provision →
    (B) with the concurrence of the class II or class III railroad, to a State or local government.
  • 49 U.S.C. § 22301(a)(3)
    Go to provision →
    (3) Class II and class III railroad applicants for a grant under this chapter are encouraged to utilize the expertise and assistance of State transportation agencies in applying for and administering such grants. State transportation agencies are encouraged to provide such expertise and assistance to such railroads.
  • 49 U.S.C. § 22301(d)
    Go to provision →
    (d) The Secretary shall require as a condition of any grant made under this section that the recipient railroad provide a fair arrangement at least as protective of the interests of employees who are affected by the project to be funded with the grant as the terms imposed under section 11326(a), as in effect on the date of the enactment of this chapter.
  • 49 U.S.C. § 22402(a)(4)
    Go to provision →
    (4) railroads;
  • 49 U.S.C. § 22402(a)(6)
    Go to provision →
    (6) limited option freight shippers that own or operate a plant or other facility, solely for the purpose of constructing a rail connection between a plant or facility and a railroad; and
  • 49 U.S.C. § 22402(a)(7)
    Go to provision →
    (7) private entities with controlling ownership in 1 or more freight railroads other than Class I carriers.
  • 49 U.S.C. § 22402(b)(1)(B)
    Go to provision →
    (B) to develop or establish new intermodal or railroad facilities;
  • 49 U.S.C. § 22402(b)(1)(F)(ii)
    Go to provision →
    (ii) is physically connected to, or is within ½ mile of, a fixed guideway transit station, an intercity bus station, a passenger rail station, or a multimodal station, provided that the location includes service by a railroad;
  • 49 U.S.C. § 22402(b)(2)
    Go to provision →
    (2) Direct loans and loan guarantees under this section shall not be used for railroad operating expenses.
  • 49 U.S.C. § 22402(c)(6)
    Go to provision →
    (6) improve railroad stations and passenger facilities and increase transit-oriented development;
  • 49 U.S.C. § 22402(d)
    Go to provision →
    (d) The aggregate unpaid principal amounts of obligations under direct loans and loan guarantees made under this section shall not exceed $35,000,000,000 at any one time. Of this amount, not less than $7,000,000,000 shall be available solely for projects primarily benefiting freight railroads other than Class I carriers. The Secretary shall not establish any limit on the proportion of the unused amount authorized under this subsection that may be used for 1 loan or loan guarantee.
  • 49 U.S.C. § 22402(f)(5)
    Go to provision →
    (5) Subject to the availability of funds appropriated by Congress under section 22406(a)(2), for any direct loan issued before the date of enactment of the Fixing America’s Surface Transportation Act (Public Law 114–94) pursuant to sections 501 through 504 of the Railroad Revitalization and Regulatory Reform Act of 1976 (Public Law 94–210), the Secretary shall repay the credit risk premiums of such loan, with interest accrued thereon, not later than—
    (A) 60 days after the date of enactment of the Surface Transportation Investment Act of 2021 if the borrower has satisfied all obligations attached to such loan; or
    (B) if the borrower has not yet satisfied all obligations attached to such loan, 60 days after the date on which all obligations attached to such loan have been satisfied.
  • 49 U.S.C. § 22402(h)(1)
    Go to provision →
    (1) The Secretary shall, before granting assistance under this section, require the applicant to agree to such terms and conditions as are sufficient, in the judgment of the Secretary, to ensure that, as long as any principal or interest is due and payable on such obligation, the applicant, and any railroad or railroad partner for whose benefit the assistance is intended—
    (A) will not use any funds or assets from railroad or intermodal operations for purposes not related to such operations, if such use would impair the ability of the applicant, railroad, or railroad partner to provide rail or intermodal services in an efficient and economic manner, or would adversely affect the ability of the applicant, railroad, or railroad partner to perform any obligation entered into by the applicant under this section;
    (B) will, consistent with its capital resources, maintain its capital program, equipment, facilities, and operations on a continuing basis; and
    (C) will not make any discretionary dividend payments that unreasonably conflict with the purposes stated in subsection (b).
  • 49 U.S.C. § 22402(h)(1)(A)
    Go to provision →
    (A) will not use any funds or assets from railroad or intermodal operations for purposes not related to such operations, if such use would impair the ability of the applicant, railroad, or railroad partner to provide rail or intermodal services in an efficient and economic manner, or would adversely affect the ability of the applicant, railroad, or railroad partner to perform any obligation entered into by the applicant under this section;
  • 49 U.S.C. § 22403(e)
    Go to provision →
    (e) The Secretary shall assure compliance, by an applicant, any other party to the loan, and any railroad or railroad partner for whose benefit assistance is intended, with the provisions of this chapter, regulations issued hereunder, and the terms and conditions of the direct loan or loan guarantee, including through regular periodic inspections.
  • 49 U.S.C. § 22404(a)
    Go to provision →
    (a) Fair and equitable arrangements shall be provided, in accordance with this section, to protect the interests of any employees who may be affected by actions taken pursuant to authorizations or approval obtained under this chapter. Such arrangements shall be determined by the execution of an agreement between the representatives of the railroads and the representatives of their employees, not later than 120 days after February 5, 1976. In the absence of such an executed agreement, the Secretary of Labor shall prescribe the applicable protective arrangements, not later than 150 days after February 5, 1976.
  • 49 U.S.C. § 22404(b)
    Go to provision →
    (b) The arrangements required by subsection (a) of this section shall apply to each employee who has an employment relationship with a railroad on the date on which such railroad first applies for applicable financial assistance under this chapter. Such arrangements shall include such provisions as may be necessary for the negotiation and execution of agreements as to the manner in which the protective arrangements shall be applied, including notice requirements. Such agreements shall be executed prior to implementation of work funded from financial assistance under this chapter. If such an agreement is not reached within 30 days after the date on which an application for such assistance is approved, either party to the dispute may submit the issue for final and binding arbitration. The decision on any such arbitration shall be rendered within 30 days after such submission. Such arbitration decision shall in no way modify the protection afforded in the protective arrangements established pursuant to this section, shall be final and binding on the parties thereto, and shall become a part of the agreement. Such arrangements shall also include such provisions as may be necessary—
    (1) for the preservation of compensation (including subsequent general wage increases, vacation allowances, and monthly compensation guarantees), rights, privileges, and benefits (including fringe benefits such as pensions, hospitalization, and vacations, under the same conditions and so long as such benefits continue to be accorded to other employees of the employing railroad in active service or on furlough, as the case may be) to such employees under existing collective-bargaining agreements or otherwise;
    (2) to provide for final and binding arbitration of any dispute which cannot be settled by the parties, with respect to the interpretation, application, or enforcement of the provisions of the protective arrangements;
    (3) to provide that an employee who is unable to secure employment by the exercise of his or her seniority rights, as a result of actions taken with financial assistance obtained under this chapter, shall be offered reassignment and, where necessary, retraining to fill a position comparable to the position held at the time of such adverse effect and for which he is, or by training and retraining can become, physically and mentally qualified, so long as such offer is not in contravention of collective bargaining agreements relating thereto; and
    (4) to provide that the protection afforded pursuant to this section shall not be applicable to employees benefited solely as a result of the work which is financed by funds provided pursuant to this chapter.
  • 49 U.S.C. § 22404(b)(1)
    Go to provision →
    (1) for the preservation of compensation (including subsequent general wage increases, vacation allowances, and monthly compensation guarantees), rights, privileges, and benefits (including fringe benefits such as pensions, hospitalization, and vacations, under the same conditions and so long as such benefits continue to be accorded to other employees of the employing railroad in active service or on furlough, as the case may be) to such employees under existing collective-bargaining agreements or otherwise;
  • 49 U.S.C. § 22404(c)
    Go to provision →
    (c) The arrangements which are required to be negotiated by the parties or prescribed by the Secretary of Labor, pursuant to subsections (a) and (b) of this section, shall include provisions regulating subcontracting by the railroads of work which is financed by funds provided pursuant to this chapter.
  • 49 U.S.C. § 22406(b)(2)
    Go to provision →
    (2) Not less than 3 percent of the amounts appropriated pursuant to subsection (a) in each fiscal year shall be made available to the Secretary for use in place of charges collected under section 22403(l)(1) for passenger railroads and freight railroads other than Class I carriers.
  • 49 U.S.C. § 22406(b)(3)
    Go to provision →
    (3) Not less than 50 percent of the amounts appropriated pursuant to subsection (a)(1) for each fiscal year shall be set aside for freight railroads other than Class I carriers.
  • 49 U.S.C. § 22902(c)(3)(B)(iii)
    Go to provision →
    (iii) financial commitments from host railroads, non-Federal governmental entities, nongovernmental entities, and others.
  • 49 U.S.C. § 22905(b)(1)
    Go to provision →
    (1) the Railroad Retirement Act of 1974 (45 U.S.C. 231 et seq.);
  • 49 U.S.C. § 22905(b)(3)
    Go to provision →
    (3) the Railroad Unemployment Insurance Act (45 U.S.C. 351 et seq.).
  • 49 U.S.C. § 22905(c)
    Go to provision →
    (c) The Secretary shall require as a condition of making any grant under this chapter for a project that uses rights-of-way owned by a railroad that—
    (1) a written agreement exist between the applicant and the railroad regarding such use and ownership, including—
    (A) any compensation for such use;
    (B) assurances regarding the adequacy of infrastructure capacity to accommodate both existing and future freight and passenger operations;
    (C) an assurance by the railroad that collective bargaining agreements with the railroad’s employees (including terms regulating the contracting of work) will remain in full force and effect according to their terms for work performed by the railroad on the railroad transportation corridor; and
    (D) an assurance that an applicant complies with liability requirements consistent with section 28103 of this title; and
    (2) the applicant agrees to comply with—
    (A) the standards of section 24312 of this title, as such section was in effect on September 1, 2003, with respect to the project in the same manner that Amtrak is required to comply with those standards for construction work financed under an agreement made under section 24308(a) of this title; and
    (B) the protective arrangements that are equivalent to the protective arrangements established under section 22404 with respect to employees affected by actions taken in connection with the project to be financed in whole or in part by grants under this chapter.
  • 49 U.S.C. § 22905(c)(1)
    Go to provision →
    (1) a written agreement exist between the applicant and the railroad regarding such use and ownership, including—
    (A) any compensation for such use;
    (B) assurances regarding the adequacy of infrastructure capacity to accommodate both existing and future freight and passenger operations;
    (C) an assurance by the railroad that collective bargaining agreements with the railroad’s employees (including terms regulating the contracting of work) will remain in full force and effect according to their terms for work performed by the railroad on the railroad transportation corridor; and
    (D) an assurance that an applicant complies with liability requirements consistent with section 28103 of this title; and
  • 49 U.S.C. § 22905(c)(1)(C)
    Go to provision →
    (C) an assurance by the railroad that collective bargaining agreements with the railroad’s employees (including terms regulating the contracting of work) will remain in full force and effect according to their terms for work performed by the railroad on the railroad transportation corridor; and
  • 49 U.S.C. § 22905(d)(1)
    Go to provision →
    (1) Any entity providing intercity passenger railroad transportation that begins operations after the date of enactment of this Act1 on a project funded in whole or in part by grants made under this chapter and replaces intercity rail passenger service that was provided by Amtrak, unless such service was provided solely by Amtrak to another entity or unless Amtrak ceased providing intercity passenger railroad transportation over the affected route more than 3 years before the commencement of new service, as of such date shall enter into an agreement with the authorized bargaining agent or agents for adversely affected employees of the predecessor provider that—
    (A) gives each such qualified employee of the predecessor provider priority in hiring according to the employee’s seniority on the predecessor provider for each position with the replacing entity that is in the employee’s craft or class and is available within 3 years after the termination of the service being replaced;
    (B) establishes a procedure for notifying such an employee of such positions;
    (C) establishes a procedure for such an employee to apply for such positions; and
    (D) establishes rates of pay, rules, and working conditions.
  • 49 U.S.C. § 22905(e)(2)
    Go to provision →
    (2) the Alaska Railroad or its contractors; or
  • 49 U.S.C. § 22905(e)(3)
    Go to provision →
    (3) Amtrak’s access rights to railroad rights of way and facilities under current law.
  • 49 U.S.C. § 22907(b)(7)
    Go to provision →
    (7) A Class II railroad or Class III railroad (as those terms are defined in section 20102).
  • 49 U.S.C. § 22907(b)(8)
    Go to provision →
    (8) An association representing 1 or more railroads described in paragraph (7).
  • 49 U.S.C. § 22907(c)(1)
    Go to provision →
    (1) Deployment of railroad safety technology, including positive train control and rail integrity inspection systems.
  • 49 U.S.C. § 22907(c)(5)
    Go to provision →
    (5) A highway-rail grade crossing improvement project, including installation, repair, or improvement of grade separations, railroad crossing signals, gates, and related technologies, highway traffic signalization, highway lighting and crossing approach signage, roadway improvements such as medians or other barriers, railroad crossing panels and surfaces, and safety engineering improvements to reduce risk in quiet zones or potential quiet zones.
  • 49 U.S.C. § 22907(c)(7)
    Go to provision →
    (7) A capital project to improve short-line or regional railroad infrastructure.
  • 49 U.S.C. § 22907(l)(2)
    Go to provision →
    (2) For the purposes of this subsection, the term “appropriate portion” means a share, for each State subject to paragraph (1), not less than the share of the total railroad route miles in such State of the total railroad route miles in the United States, excluding from all totals the route miles exclusively used for tourist, scenic, and excursion railroad operations.
  • 49 U.S.C. § 22908(c)(4)(A)
    Go to provision →
    (A) each of the railroads or regional transportation authorities whose tracks or facilities would be utilized by the service;
  • 49 U.S.C. § 22908(d)(4)
    Go to provision →
    (4) that include funding (including funding from railroads), or other significant participation by State, local, and regional governmental and private entities;
  • 49 U.S.C. § 22909(a)
    Go to provision →
    (a) The Secretary of Transportation, in cooperation with the Administrator of the Federal Railroad Administration, shall establish a competitive grant program (referred to in this section as the “Program”) under which the Secretary shall award grants to eligible recipients described in subsection (c) for highway-rail or pathway-rail grade crossing improvement projects that focus on improving the safety and mobility of people and goods.
  • 49 U.S.C. § 22909(b)(3)
    Go to provision →
    (3) to reduce the impacts that freight movement and railroad operations may have on underserved communities; and
  • 49 U.S.C. § 22909(j)(3)(A)
    Go to provision →
    (A) Notwithstanding paragraph (2) and section 22905(e)(1), as a condition of receiving a grant under this section, any employee covered by the Railway Labor Act (45 U.S.C. 151 et seq.) and the Railroad Retirement Act of 1974 (45 U.S.C. 231 et seq.) who is adversely affected by actions taken in connection with the project financed in whole or in part by such grant shall be covered by employee protective arrangements required to be established under section 22905(c)(2)(B).
  • 49 U.S.C. § 24102(7)(A)
    Go to provision →
    (A) the segment of the continuous Northeast Corridor railroad line between Boston, Massachusetts, and Washington, District of Columbia;
  • 49 U.S.C. § 24201(a)(1)
    Go to provision →
    (1) The Secretary of Transportation shall apply the project development procedures, to the greatest extent feasible, described in section 139 of title 23 to any railroad project that requires the approval of the Secretary under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
  • 49 U.S.C. § 24201(a)(2)
    Go to provision →
    (2) In carrying out paragraph (1), the Secretary shall incorporate into agency regulations and procedures pertaining to railroad projects described in paragraph (1) aspects of such project development procedures, or portions thereof, determined appropriate by the Secretary in a manner consistent with this section, that increase the efficiency of the review of railroad projects.
  • 49 U.S.C. § 24201(a)(3)
    Go to provision →
    (3) The Secretary may choose not to incorporate into agency regulations and procedures pertaining to railroad projects described in paragraph (1) such project development procedures that could only feasibly apply to highway projects, public transportation capital projects, and multimodal projects.
  • 49 U.S.C. § 24201(a)(4)
    Go to provision →
    (4) Subsection (l) of section 139 of title 23 shall apply to railroad projects described in paragraph (1), except that the limitation on claims of 150 days shall be 2 years.
  • 49 U.S.C. § 24201(b)(1)
    Go to provision →
    (1) survey the use by the Federal Railroad Administration of categorical exclusions in transportation projects since 2005; and
  • 49 U.S.C. § 24201(c)
    Go to provision →
    (c) Not later than 1 year after the date of enactment of the Passenger Rail Reform and Investment Act of 2015, the Secretary shall publish a notice of proposed rulemaking to propose new and existing categorical exclusions for railroad projects that require the approval of the Secretary under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), including those identified under subsection (b), and develop a process for considering new categorical exclusions to the extent that the categorical exclusions meet the criteria for a categorical exclusion under section 1508.4 of title 40, Code of Federal Regulations.
  • 49 U.S.C. § 24201(d)
    Go to provision →
    (d) The Secretary shall maintain and make publicly available, including on the Internet, a database that identifies project-specific information on the use of a categorical exclusion on any railroad project carried out under this title.
  • 49 U.S.C. § 24202(a)
    Go to provision →
    (a) Not later than 1 year after the date of enactment of the Passenger Rail Reform and Investment Act of 2015, the Secretary shall submit a proposed exemption of railroad rights-of-way from the review under section 306108 of title 54 to the Advisory Council on Historic Preservation for consideration, consistent with the exemption for interstate highways approved on March 10, 2005 (70 Fed. Reg. 11,928).
  • 49 U.S.C. § 24202(b)
    Go to provision →
    (b) Not later than 180 days after the date on which the Secretary submits the proposed exemption under subsection (a) to the Council, the Council shall issue a final exemption of railroad rights-of-way from review under chapter 3061 of title 54 consistent with the exemption for interstate highways approved on March 10, 2005 (70 Fed. Reg. 11,928).
  • 49 U.S.C. § 24301(c)
    Go to provision →
    (c) Subtitle IV of this title shall not apply to Amtrak, except for sections 11123, 11301, 11322(a), 11502, and 11706. Notwithstanding the preceding sentence, Amtrak shall continue to be considered an employer under the Railroad Retirement Act of 1974, the Railroad Unemployment Insurance Act, and the Railroad Retirement Tax Act.
  • 49 U.S.C. § 24308(f)(1)
    Go to provision →
    (1) If the on-time performance of any intercity passenger train averages less than 80 percent for any 2 consecutive calendar quarters, or the service quality of intercity passenger train operations for which minimum standards are established under section 207 of the Passenger Rail Investment and Improvement Act of 2008 fails to meet those standards for 2 consecutive calendar quarters, the Surface Transportation Board (referred to in this section as the “Board”) may initiate an investigation, or upon the filing of a complaint by Amtrak, an intercity passenger rail operator, a host freight railroad over which Amtrak operates, or an entity for which Amtrak operates intercity passenger rail service, the Board shall initiate such an investigation, to determine whether and to what extent delays or failure to achieve minimum standards are due to causes that could reasonably be addressed by a rail carrier over whose tracks the intercity passenger train operates or reasonably addressed by Amtrak or other intercity passenger rail operators. As part of its investigation, the Board has authority to review the accuracy of the train performance data and the extent to which scheduling and congestion contribute to delays. In making its determination or carrying out such an investigation, the Board shall obtain information from all parties involved and identify reasonable measures and make recommendations to improve the service, quality, and on-time performance of the train.
  • 49 U.S.C. § 24309(a)(2)
    Go to provision →
    (2) downgrading a facility means reducing a track classification as specified in the Federal Railroad Administration track safety standards or altering a facility so that the time required for rail passenger transportation to be provided over the route on which a facility is located may be increased.
  • 49 U.S.C. § 24319(c)(2)(C)(i)
    Go to provision →
    (i) normalized capital replacement programs, including regularly recurring work programs implemented on a systematic basis on classes of physical railroad assets, such as track, structures, electric traction and power systems, rolling stock, and communications and signal systems, to maintain and sustain the condition and performance of such assets to support continued railroad operations;
  • 49 U.S.C. § 24320(c)(7)
    Go to provision →
    (7) Not later than 1 year after the date of completion of the evaluation under paragraph (5), the Administrator of 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 their designees, shall restructure or reallocate, or both, the national assets costs in accordance with the determination under that section, including making appropriate updates to Amtrak’s cost accounting methodology and system.
  • 49 U.S.C. § 24710(d)
    Go to provision →
    (d) The Federal Railroad Administration shall monitor the development, implementation, and outcome of improvement plans under this section. If the Federal Railroad Administration determines that Amtrak is not making reasonable progress in implementing its performance improvement plan or, after the performance improvement plan is implemented under subsection (c)(1) in accordance with the terms of that plan, Amtrak has not achieved the outcomes it has established for such routes, under the plan for any calendar year, the Federal Railroad Administration—
    (1) shall notify Amtrak, the Inspector General of the Department of Transportation, the Committee on Transportation and Infrastructure of the House of Representatives, and the Committee on Commerce, Science, and Transportation of the Senate of its determination under this subsection;
    (2) shall provide Amtrak with an opportunity for a hearing with respect to that determination; and
    (3) may withhold appropriated funds otherwise available to Amtrak for the operation of a route or routes from among the worst performing third of routes currently served by Amtrak on which Amtrak is not making reasonable progress, other than funds made available for passenger safety or security measures.
  • 49 U.S.C. § 24711(j)
    Go to provision →
    (j) Nothing in this section shall affect Amtrak’s access rights to railroad rights-of-way and facilities.
  • 49 U.S.C. § 24712(a)(2)(A)(ii)
    Go to provision →
    (ii) members representing the Department of Transportation, including the Federal Railroad Administration; and
  • 49 U.S.C. § 24712(f)(1)
    Go to provision →
    (1) The Committee shall develop, and review and update, as necessary, a statement of goals, objectives, and associated recommendations concerning the future of State-supported routes operated by Amtrak. The statement shall identify the roles and responsibilities of Committee members and any other relevant entities, such as host railroads, in meeting the identified goals and objectives, or carrying out the recommendations. The Committee may consult with such relevant entities, as the Committee considers appropriate, when developing the statement.
  • 49 U.S.C. § 24712(g)(1)(C)
    Go to provision →
    (C) host railroads;
  • 49 U.S.C. § 24712(g)(1)(D)
    Go to provision →
    (D) the Administrator of the Federal Railroad Administration; and
  • 49 U.S.C. § 24902(e)
    Go to provision →
    (e) If practicable, Amtrak shall establish intercity rail passenger transportation in the Northeast Corridor that carries out section 703(1)(E) of the Railroad Revitalization and Regulatory Reform Act of 1976 (Public Law 94–210, 90 Stat. 121).
  • 49 U.S.C. § 24902(f)
    Go to provision →
    (f) Amtrak shall develop economical and reliable equipment compatible with track, operating, and marketing characteristics of the Northeast Corridor, including the capability to meet reliable trip times under section 703(1)(E) of the Railroad Revitalization and Regulatory Reform Act of 1976 (Public Law 94–210, 90 Stat. 121) in regularly scheduled revenue transportation in the Corridor, when the Northeast Corridor improvement program is completed. Amtrak must decide that equipment complies with this subsection before buying equipment with financial assistance of the Government. Amtrak shall submit a request for an authorization of appropriations for production of the equipment.
  • 49 U.S.C. § 24902(j)
    Go to provision →
    (j) No State or local building, zoning, subdivision, or similar or related law, nor any other State or local law from which a project would be exempt if undertaken by the Federal Government or an agency thereof within a Federal enclave wherein Federal jurisdiction is exclusive, including without limitation with respect to all such laws referenced herein above requirements for permits, actions, approvals or filings, shall apply in connection with the construction, ownership, use, operation, financing, leasing, conveying, mortgaging or enforcing a mortgage of (i) any improvement undertaken by or for the benefit of Amtrak as part of, or in furtherance of, the Northeast Corridor Improvement Project (including without limitation maintenance, service, inspection or similar facilities acquired, constructed or used for high speed trainsets) or chapter 241, 243, or 247 of this title or (ii) any land (and right, title or interest created with respect thereto) on which such improvement is located and adjoining, surrounding or any related land. These exemptions shall remain in effect and be applicable with respect to such land and improvements for the benefit of any mortgagee before, upon and after coming into possession of such improvements or land, any third party purchasers thereof in foreclosure (or through a deed in lieu of foreclosure), and their respective successors and assigns, in each case to the extent the land or improvements are used, or held for use, for railroad purposes or purposes accessory thereto. This subsection shall not apply to any improvement or related land unless Amtrak receives a Federal operating subsidy in the fiscal year in which Amtrak commits to or initiates such improvement.
  • 49 U.S.C. § 24903(a)(6)
    Go to provision →
    (6) make agreements with other carriers and commuter authorities to grant, acquire, or make arrangements for rail freight or commuter rail passenger transportation over, rights of way and facilities acquired under the Regional Rail Reorganization Act of 1973 (45 U.S.C. 701 et seq.), the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 801 et seq.), and chapter 224 of this title; and
  • 49 U.S.C. § 24903(c)(2)
    Go to provision →
    (2) If the parties do not agree, the Surface Transportation Board shall order that the transportation continue over facilities acquired under the Regional Rail Reorganization Act of 1973 (45 U.S.C. 701 et seq.), the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 801 et seq.), and chapter 224 of this title and shall determine compensation (without allowing cross-subsidization between commuter rail passenger and intercity rail passenger and rail freight transportation) for the transportation not later than 120 days after the dispute is submitted. The Board shall assign to a rail carrier obtaining transportation under this subsection the costs Amtrak incurs only for the benefit of the carrier, plus a proportionate share of all other costs of providing transportation under this paragraph incurred for the common benefit of Amtrak and the carrier. The proportionate share shall be based on relative measures of volume of car operations, tonnage, or other factors that reasonably reflect the relative use of rail property covered by this subsection.
  • 49 U.S.C. § 24905(a)(1)(B)
    Go to provision →
    (B) members representing the Department of Transportation, including the Office of the Secretary, the Federal Railroad Administration, and the Federal Transit Administration;
  • 49 U.S.C. § 24905(e)(1)(A)
    Go to provision →
    (A) the Department of Transportation, including the Federal Railroad Administration;
  • 49 U.S.C. § 24910(c)(2)(C)
    Go to provision →
    (C) representatives of Amtrak, the Alaska Railroad, freight railroads, transit operating agencies, intercity rail passenger agencies, railway labor organizations, and environmental organizations.
  • 49 U.S.C. § 25101(a)(3)(D)
    Go to provision →
    (D) engagement with the host railroads; and
  • 49 U.S.C. § 25101(e)(3)
    Go to provision →
    (3) representatives of employee labor organizations representing railroad and other appropriate employees;
  • 49 U.S.C. § 25101(e)(4)
    Go to provision →
    (4) host railroads for the proposed corridor; and
  • 49 U.S.C. § 26106(e)(2)(C)(ii)(III)
    Go to provision →
    (III) financial commitments from host railroads, non-Federal governmental entities, non-governmental entities, and others.
  • 49 U.S.C. § 28101(b)
    Go to provision →
    (b) A railroad police officer directly employed by or contracted by a railroad carrier and certified or commissioned as a police officer under the laws of a State may be temporarily assigned to assist a second railroad carrier in carrying out law enforcement duties upon the request of the second railroad carrier, at which time the police officer shall be considered to be an employee or agent, as applicable, of the second railroad carrier and shall have authority to enforce the laws of any jurisdiction in which the second railroad carrier owns property to the same extent as provided in subsection (a).
  • 49 U.S.C. § 28101(c)(1)
    Go to provision →
    (1) If a railroad police officer directly employed by or contracted by a rail carrier and certified or commissioned as a police officer under the laws of a State transfers primary employment or residence from the certifying or commissioning State to another State or jurisdiction, the railroad police officer, not later than 1 year after the date of transfer, shall apply to be certified or commissioned as a police office1 under the laws of the State of new primary employment or residence.
  • 49 U.S.C. § 28101(c)(2)
    Go to provision →
    (2) During the period beginning on the date of transfer and ending 1 year after the date of transfer, a railroad police officer directly employed by or contracted by a rail carrier and certified or commissioned as a police officer under the laws of a State may enforce the laws of the new jurisdiction in which the railroad police officer resides, to the same extent as provided in subsection (a).
  • 49 U.S.C. § 28103(e)(1)(B)
    Go to provision →
    (B) against an officer, employee, affiliate engaged in railroad operations, or agent, of Amtrak, any high-speed railroad authority or operator, any commuter authority or operator, any rail carrier, or any State;
  • 49 U.S.C. § 28301(a)
    Go to provision →
    (a) In contracts for labor and service, 8 hours shall be a day’s work and the standard day’s work for determining the compensation for services of an employee employed by a common carrier by railroad subject to subtitle IV of this title and actually engaged in any capacity in operating trains used for transporting passengers or property on railroads from—
    (1) a State of the United States or the District of Columbia to any other State or the District of Columbia;
    (2) one place in a territory or possession of the United States to another place in the same territory or possession;
    (3) a place in the United States to an adjacent foreign country; or
    (4) a place in the United States through a foreign country to any other place in the United States.
  • 49 U.S.C. § 28301(b)(1)(A)
    Go to provision →
    (A) an independently owned and operated railroad not exceeding one hundred miles in length;
  • 49 U.S.C. § 28301(b)(1)(B)
    Go to provision →
    (B) an electric street railroad; and
  • 49 U.S.C. § 28301(b)(1)(C)
    Go to provision →
    (C) an electric interurban railroad; but
  • 49 U.S.C. § 28301(b)(2)
    Go to provision →
    (2) does apply to an independently owned and operated railroad less than one hundred miles in length—
    (A) whose principal business is leasing or providing terminal or transfer facilities to other railroads; or
    (B) engaged in transfers of freight between railroads or between railroads and industrial plants.
  • 49 U.S.C. § 28301(b)(2)(A)
    Go to provision →
    (A) whose principal business is leasing or providing terminal or transfer facilities to other railroads; or
  • 49 U.S.C. § 28301(b)(2)(B)
    Go to provision →
    (B) engaged in transfers of freight between railroads or between railroads and industrial plants.
  • 49 U.S.C. § 28501(5)
    Go to provision →
    (5) the term “rail carrier” means a person, other than a governmental authority, providing common carrier railroad transportation for compensation subject to the jurisdiction of the Board under chapter 105;
  • 49 U.S.C. § 28501(6)
    Go to provision →
    (6) the term “segregated fixed guideway facility” means a fixed guideway facility constructed within the railroad right-of-way of a rail carrier but physically separate from trackage, including relocated trackage, within the right-of-way used by a rail carrier for freight transportation purposes; and
  • 49 U.S.C. § 28501(7)
    Go to provision →
    (7) the term “trackage” means a railroad line of a rail carrier, including a spur, industrial, team, switching, side, yard, or station track, and a facility of a rail carrier.
  • 49 U.S.C. § 28503
    Go to provision →
    If, after a reasonable period of negotiation, a public transportation authority cannot reach agreement with a rail carrier to acquire an interest in a railroad right-of-way for the construction and operation of a segregated fixed guideway facility to provide commuter rail passenger transportation, the public transportation authority or the rail carrier may apply to the Board for nonbinding mediation. The Board shall conduct the nonbinding mediation in accordance with the mediation process of section 1109.4 of title 49, Code of Federal Regulations, as in effect on the date of enactment of this section.

Citations to §22401(13)

Citations to §22401(14)

  • 49 U.S.C. § 20102(3)
    Go to provision →
    (3) “railroad carrier” means a person providing railroad transportation, except that, upon petition by a group of commonly controlled railroad carriers that the Secretary determines is operating within the United States as a single, integrated rail system, the Secretary may by order treat the group of railroad carriers as a single railroad carrier for purposes of one or more provisions of part A, subtitle V of this title and implementing regulations and order, subject to any appropriate conditions that the Secretary may impose.
  • 49 U.S.C. § 20102(4)(F)
    Go to provision →
    (F) any other employee of a railroad carrier who directly affects railroad safety, as determined by the Secretary.
  • 49 U.S.C. § 20103(a)
    Go to provision →
    (a) The Secretary of Transportation, as necessary, shall prescribe regulations and issue orders for every area of railroad safety supplementing laws and regulations in effect on October 16, 1970. When prescribing a security regulation or issuing a security order that affects the safety of railroad operations, the Secretary of Homeland Security shall consult with the Secretary.
  • 49 U.S.C. § 20103(b)
    Go to provision →
    (b) The Secretary shall prescribe regulations of practice applicable to each proceeding under this chapter. The regulations shall reflect the varying nature of the proceedings and include time limits for disposition of the proceedings. The time limit for disposition of a proceeding may not be more than 12 months after the date it begins.
  • 49 U.S.C. § 20103(c)
    Go to provision →
    (c) In prescribing regulations and issuing orders under this section, the Secretary shall consider existing relevant safety information and standards.
  • 49 U.S.C. § 20103(d)(1)
    Go to provision →
    (1) The Secretary of Transportation may waive, or suspend the requirement to comply with, any part of a regulation prescribed or an order issued under this chapter if such waiver or suspension is in the public interest and consistent with railroad safety.
  • 49 U.S.C. § 20103(d)(2)
    Go to provision →
    (2) The Secretary shall—
    (A) provide timely public notice of any request for a waiver under this subsection or for a suspension under subpart E of part 211 of title 49, Code of Federal Regulations, or successor regulations;
    (B) make available the application for such waiver or suspension and any nonconfidential underlying data to interested parties;
    (C) provide the public with notice and a reasonable opportunity to comment on a proposed waiver or suspension under this subsection before making a final decision; and
    (D) publish on a publicly accessible website the reasons for granting each such waiver or suspension.
  • 49 U.S.C. § 20103(d)(4)(A)
    Go to provision →
    (A) Not later than 1 year after the first day on which a waiver under this subsection or a suspension under subpart E of part 211 of title 49, Code of Federal Regulations, or successor regulations, has been in continuous effect for a 6-year period, the Secretary shall complete a review and analysis of such waiver or suspension to determine whether issuing a rule that is consistent with the waiver is—
    (i) in the public interest; and
    (ii) consistent with railroad safety.
  • 49 U.S.C. § 20103(d)(4)(B)
    Go to provision →
    (B) In conducting the review and analysis under subparagraph (A), the Secretary shall consider—
    (i) the relevant safety record under the waiver or suspension;
    (ii) the likelihood that other entities would have similar safety outcomes;
    (iii) the materials submitted in the applications, including any comments regarding such materials; and
    (iv) related rulemaking activity.
  • 49 U.S.C. § 20103(d)(4)(C)(i)
    Go to provision →
    (i) The Secretary shall publish the review and analysis required under this paragraph in the Federal Register, which shall include a summary of the data collected and all relevant underlying data, if the Secretary decides not to initiate a regulatory update under subparagraph (D).
  • 49 U.S.C. § 20103(d)(4)(C)(ii)
    Go to provision →
    (ii) The review and analysis under this paragraph shall be included as part of the notice of proposed rulemaking if the Secretary initiates a regulatory update under subparagraph (D).
  • 49 U.S.C. § 20103(d)(4)(D)
    Go to provision →
    (D) The Secretary may initiate a rulemaking to incorporate relevant aspects of a waiver under this subsection or a suspension under subpart E of part 211 of title 49, Code of Federal Regulations, or successor regulations, into the relevant regulation, to the extent the Secretary considers appropriate.
  • 49 U.S.C. § 20103(e)
    Go to provision →
    (e) The Secretary shall conduct a hearing as provided by section 553 of title 5 when prescribing a regulation or issuing an order under this part, including a regulation or order establishing, amending, or providing a waiver, described in subsection (d), of compliance with a railroad safety regulation prescribed or order issued under this part. An opportunity for an oral presentation shall be provided.
  • 49 U.S.C. § 20103(f)
    Go to provision →
    (f) In prescribing regulations that pertain to railroad safety that affect tourist, historic, scenic, or excursion railroad carriers, the Secretary of Transportation shall take into consideration any financial, operational, or other factors that may be unique to such railroad carriers. The Secretary shall submit a report to Congress not later than September 30, 1995, on actions taken under this subsection.
  • 49 U.S.C. § 20103(g)(1)
    Go to provision →
    (1) The Secretary may waive compliance with any part of a regulation prescribed or order issued under this part without prior notice and comment if the Secretary determines that—
    (A) it is in the public interest to grant the waiver;
    (B) the waiver is not inconsistent with railroad safety; and
    (C) the waiver is necessary to address an actual or impending emergency situation or emergency event.
  • 49 U.S.C. § 20103(g)(2)
    Go to provision →
    (2) A waiver under this subsection may be issued for a period of not more than 60 days and may be renewed upon application to the Secretary only after notice and an opportunity for a hearing on the waiver. The Secretary shall immediately revoke the waiver if continuation of the waiver would not be consistent with the goals and objectives of this part.
  • 49 U.S.C. § 20103(g)(3)
    Go to provision →
    (3) The Secretary shall state in the decision issued under this subsection the reasons for granting the waiver.
  • 49 U.S.C. § 20103(g)(4)
    Go to provision →
    (4) In granting a waiver under this subsection, the Secretary shall consult and coordinate with other Federal agencies, as appropriate, for matters that may impact such agencies.
  • 49 U.S.C. § 20104(a)(1)
    Go to provision →
    (1) If, through testing, inspection, investigation, or research carried out under this chapter, the Secretary of Transportation decides that an unsafe condition or practice, or a combination of unsafe conditions and practices, causes an emergency situation involving a hazard of death, personal injury, or significant harm to the environment, the Secretary immediately may order restrictions and prohibitions, without regard to section 20103(e) of this title, that may be necessary to abate the situation.
  • 49 U.S.C. § 20104(a)(2)
    Go to provision →
    (2) The order shall describe the condition or practice, or a combination of conditions and practices, that causes the emergency situation and prescribe standards and procedures for obtaining relief from the order. This paragraph does not affect the Secretary’s discretion under this section to maintain the order in effect for as long as the emergency situation exists.
  • 49 U.S.C. § 20104(b)
    Go to provision →
    (b) After issuing an order under this section, the Secretary shall provide an opportunity for review of the order under section 554 of title 5. If a petition for review is filed and the review is not completed by the end of the 30-day period beginning on the date the order was issued, the order stops being effective at the end of that period unless the Secretary decides in writing that the emergency situation still exists.
  • 49 U.S.C. § 20104(c)
    Go to provision →
    (c) An employee of a railroad carrier engaged in interstate or foreign commerce who may be exposed to imminent physical injury during that employment because of the Secretary’s failure, without any reasonable basis, to issue an order under subsection (a) of this section, or the employee’s authorized representative, may bring a civil action against the Secretary in a district court of the United States to compel the Secretary to issue an order. The action must be brought in the judicial district in which the emergency situation is alleged to exist, in which that employing carrier has its principal executive office, or for the District of Columbia. The Secretary’s failure to issue an order under subsection (a) of this section may be reviewed only under section 706 of title 5.
  • 49 U.S.C. § 20105(a)
    Go to provision →
    (a) The Secretary concerned may prescribe investigative and surveillance activities necessary to enforce the safety regulations prescribed and orders issued by the Secretary1 that apply to railroad equipment, facilities, rolling stock, and operations in a State. The State may participate in those activities when the safety practices for railroad equipment, facilities, rolling stock, and operations in the State are regulated by a State authority and the authority submits to the Secretary concerned an annual certification as provided in subsection (b) of this section.
  • 49 U.S.C. § 20105(b)(1)(A)(ii)
    Go to provision →
    (ii) was given a copy of each safety regulation prescribed and order issued by the Secretary concerned, that applies to the equipment, facilities, rolling stock, or operations, as of the date of certification; and
  • 49 U.S.C. § 20105(b)(1)(A)(iii)
    Go to provision →
    (iii) is conducting the investigative and surveillance activities prescribed by the Secretary concerned under subsection (a) of this section; and
  • 49 U.S.C. § 20105(b)(1)(B)
    Go to provision →
    (B) a report, in the form the Secretary concerned prescribes by regulation, that includes—
    (i) the name and address of each railroad carrier subject to the safety jurisdiction of the authority;
    (ii) each accident or incident reported during the prior 12 months by a railroad carrier involving a fatality, personal injury requiring hospitalization, or property damage of more than $750 (or a higher amount prescribed by the Secretary concerned), and a summary of the authority’s investigation of the cause and circumstances surrounding the accident or incident;
    (iii) the record maintenance, reporting, and inspection practices conducted by the authority to aid the Secretary concerned in enforcing railroad safety regulations prescribed and orders issued by the Secretary concerned, including the number of inspections made of railroad equipment, facilities, rolling stock, and operations by the authority during the prior 12 months; and
    (iv) other information the Secretary concerned requires.
  • 49 U.S.C. § 20105(b)(1)(B)(ii)
    Go to provision →
    (ii) each accident or incident reported during the prior 12 months by a railroad carrier involving a fatality, personal injury requiring hospitalization, or property damage of more than $750 (or a higher amount prescribed by the Secretary concerned), and a summary of the authority’s investigation of the cause and circumstances surrounding the accident or incident;
  • 49 U.S.C. § 20105(b)(1)(B)(iii)
    Go to provision →
    (iii) the record maintenance, reporting, and inspection practices conducted by the authority to aid the Secretary concerned in enforcing railroad safety regulations prescribed and orders issued by the Secretary concerned, including the number of inspections made of railroad equipment, facilities, rolling stock, and operations by the authority during the prior 12 months; and
  • 49 U.S.C. § 20105(b)(1)(B)(iv)
    Go to provision →
    (iv) other information the Secretary concerned requires.
  • 49 U.S.C. § 20105(b)(3)
    Go to provision →
    (3) If, after receipt of an annual certification, the Secretary concerned decides the State authority is not complying satisfactorily with the investigative and surveillance activities prescribed under subsection (a) of this section, the Secretary concerned may reject any part of the certification or take other appropriate action to achieve adequate enforcement. The Secretary concerned must give the authority notice and an opportunity for a hearing before taking action under this paragraph. When the Secretary concerned gives notice, the burden of proof is on the authority to show that it is complying satisfactorily with the investigative and surveillance activities prescribed by the Secretary concerned.
  • 49 U.S.C. § 20105(c)(1)
    Go to provision →
    (1) If the Secretary concerned does not receive an annual certification under subsection (a) of this section related to any railroad equipment, facility, rolling stock, or operation, the Secretary concerned may make an agreement with a State authority for the authority to provide any part of the investigative and surveillance activities prescribed by the Secretary concerned as necessary to enforce the safety regulations and orders applicable to the equipment, facility, rolling stock, or operation.
  • 49 U.S.C. § 20105(c)(2)
    Go to provision →
    (2) The Secretary concerned may terminate any part of an agreement made under this subsection on finding that the authority has not provided every part of the investigative and surveillance activities to which the agreement relates. The Secretary concerned must give the authority notice and an opportunity for a hearing before making such a finding. The finding and termination shall be published in the Federal Register and may not become effective for at least 15 days after the date of publication.
  • 49 U.S.C. § 20105(d)
    Go to provision →
    (d) In addition to providing for State participation under this section, the Secretary concerned may make an agreement with a State to provide investigative and surveillance activities related to the duties under chapters 203–213 of this title (in the case of the Secretary of Transportation) and duties under section 114 of this title (in the case of the Secretary of Homeland Security).
  • 49 U.S.C. § 20105(e)
    Go to provision →
    (e) On application by a State authority that has submitted a certification under subsections (a) and (b) of this section or made an agreement under subsection (c) or (d) of this section, the Secretary concerned shall pay not more than 50 percent of the cost of the personnel, equipment, and activities of the authority needed, during the next fiscal year, to carry out a safety program under the certification or agreement. However, the Secretary concerned may pay an authority only when the authority assures the Secretary concerned that it will provide the remaining cost of the safety program and that the total State money expended for the safety program, excluding grants of the United States Government, will be at least as much as the average amount expended for the fiscal years that ended June 30, 1969, and June 30, 1970.
  • 49 U.S.C. § 20105(f)
    Go to provision →
    (f) The Secretary concerned may monitor State investigative and surveillance practices and carry out other inspections and investigations necessary to help enforce this chapter (in the case of the Secretary of Transportation) and duties under section 114 of this title (in the case of the Secretary of Homeland Security).
  • 49 U.S.C. § 20105(g)(2)
    Go to provision →
    (2) the term “Secretary concerned” means—
    (A) the Secretary of Transportation, with respect to railroad safety matters concerning such Secretary under laws administered by that Secretary; and
    (B) the Secretary of Homeland Security, with respect to railroad safety matters concerning such Secretary under laws administered by that Secretary.
  • 49 U.S.C. § 20105(g)(2)(A)
    Go to provision →
    (A) the Secretary of Transportation, with respect to railroad safety matters concerning such Secretary under laws administered by that Secretary; and
  • 49 U.S.C. § 20105(g)(2)(B)
    Go to provision →
    (B) the Secretary of Homeland Security, with respect to railroad safety matters concerning such Secretary under laws administered by that Secretary.
  • 49 U.S.C. § 20106(a)(2)
    Go to provision →
    (2) A State may adopt or continue in force a law, regulation, or order related to railroad safety or security until the Secretary of Transportation (with respect to railroad safety matters), or the Secretary of Homeland Security (with respect to railroad security matters), prescribes a regulation or issues an order covering the subject matter of the State requirement. A State may adopt or continue in force an additional or more stringent law, regulation, or order related to railroad safety or security when the law, regulation, or order—
    (A) is necessary to eliminate or reduce an essentially local safety or security hazard;
    (B) is not incompatible with a law, regulation, or order of the United States Government; and
    (C) does not unreasonably burden interstate commerce.
  • 49 U.S.C. § 20106(b)(1)(A)
    Go to provision →
    (A) has failed to comply with the Federal standard of care established by a regulation or order issued by the Secretary of Transportation (with respect to railroad safety matters), or the Secretary of Homeland Security (with respect to railroad security matters), covering the subject matter as provided in subsection (a) of this section;
  • 49 U.S.C. § 20106(b)(1)(B)
    Go to provision →
    (B) has failed to comply with its own plan, rule, or standard that it created pursuant to a regulation or order issued by either of the Secretaries; or
  • 49 U.S.C. § 20107(a)
    Go to provision →
    (a) To carry out this part, the Secretary of Transportation may take actions the Secretary considers necessary, including—
    (1) conduct investigations, make reports, issue subpenas, require the production of documents, take depositions, and prescribe recordkeeping and reporting requirements; and
    (2) delegate to a public entity or qualified person the inspection, examination, and testing of railroad equipment, facilities, rolling stock, operations, and persons.
  • 49 U.S.C. § 20107(b)
    Go to provision →
    (b) In carrying out this part, an officer, employee, or agent of the Secretary, at reasonable times and in a reasonable way, may enter and inspect railroad equipment, facilities, rolling stock, operations, and relevant records. When requested, the officer, employee, or agent shall display proper credentials. During an inspection, the officer, employee, or agent is an employee of the United States Government under chapter 171 of title 28.
  • 49 U.S.C. § 20107(c)(1)
    Go to provision →
    (1) To carry out the Secretary’s responsibilities under this part and under chapter 51, the Secretary may authorize officers, employees, or agents of the Secretary to conduct, with or without making their presence known, the following activities in circumstances the Secretary finds to be reasonable:
    (A) Intercepting a radio communication, with or without the consent of the sender or other receivers of the communication, but only where such communication is broadcast or transmitted over a radio frequency which is—
    (i) authorized for use by one or more railroad carriers by the Federal Communications Commission; and
    (ii) primarily used by such railroad carriers for communications in connection with railroad operations.
    (B) Communicating the existence, contents, substance, purport, effect, or meaning of the communication, subject to the restrictions in paragraph (3).
    (C) Receiving or assisting in receiving the communication (or any information therein contained).
    (D) Disclosing the contents, substance, purport, effect, or meaning of the communication (or any part thereof of such communication) or using the communication (or any information contained therein), subject to the restrictions in paragraph (3), after having received the communication or acquired knowledge of the contents, substance, purport, effect, or meaning of the communication (or any part thereof).
    (E) Recording the communication by any means, including writing and tape recording.
  • 49 U.S.C. § 20107(c)(2)
    Go to provision →
    (2) The Secretary, and officers, employees, and agents of the Department of Transportation authorized by the Secretary, may engage in the activities authorized by paragraph (1) for the purpose of accident and incident prevention and investigation.
  • 49 U.S.C. § 20108(a)
    Go to provision →
    (a) The Secretary of Transportation shall carry out, as necessary, research, development, testing, evaluation, and training for every area of railroad safety.
  • 49 U.S.C. § 20108(b)
    Go to provision →
    (b) To carry out this part, the Secretary may make contracts for, and carry out, research, development, testing, evaluation, and training (particularly for those areas of railroad safety found to need prompt attention).
  • 49 U.S.C. § 20108(c)
    Go to provision →
    (c) The Secretary may request, receive, and expend amounts received from non-United States Government sources for expenses incurred in training safety employees of private industry, State and local authorities, or other public authorities, except State rail safety inspectors participating in training under section 20105 of this title.
  • 49 U.S.C. § 20108(d)
    Go to provision →
    (d) The Secretary may erect, alter, and repair buildings and make other public improvements to carry out necessary railroad research, safety, and training activities at the Transportation Technology Center in Pueblo, Colorado.
  • 49 U.S.C. § 20108(e)
    Go to provision →
    (e) The Secretary may collect fees or rents from facility users to offset appropriated amounts for the cost of providing facilities or research, development, testing, training, or other services, including long-term sustainment of the on-site physical plant.
  • 49 U.S.C. § 20108(f)
    Go to provision →
    (f) Amounts appropriated to carry out subsection (d) and all fees and rents collected pursuant to subsection (e) shall be credited to a revolving fund and remain available until expended. The Secretary may use such fees and rents for operation, maintenance, repair, or improvement of the Transportation Technology Center.
  • 49 U.S.C. § 20108(g)
    Go to provision →
    (g) Notwithstanding section 1302 of title 40, the Secretary may lease to others or enter into contracts for terms of up to 20 years, for such consideration and subject to such terms and conditions as the Secretary determines to be in the best interests of the Government of the United States, for the operation, maintenance, repair, and improvement of the Transportation Technology Center.
  • 49 U.S.C. § 20108(h)
    Go to provision →
    (h) The Secretary may allow its lessees and contractors to purchase property and casualty loss insurance for its assets and activities at the Transportation Technology Center to mitigate the lessee’s or contractor’s risk associated with operating a facility.
  • 49 U.S.C. § 20108(i)
    Go to provision →
    (i) Notwithstanding section 1341 of title 31, the Secretary may enter into contracts or agreements, or commit to obligations in connection with third-party contracts or agreements, including contingent liability for the purchase of electric power in connection with such contracts or agreements, for terms not to exceed 20 years, to enable the use of the land at the Transportation Technology Center for projects to produce energy from renewable sources.
  • 49 U.S.C. § 20108(j)(1)
    Go to provision →
    (1) The Secretary shall award grants to establish and maintain a center of excellence to advance research and development that improves the safety, efficiency, and reliability of passenger and freight rail transportation.
  • 49 U.S.C. § 20108(j)(3)
    Go to provision →
    (3) In awarding a grant under this subsection, the Secretary shall—
    (A) give preference to applicants with strong past performance related to rail research, education, and workforce development activities;
    (B) consider the extent to which the applicant would involve public and private sector passenger and freight railroad operators; and
    (C) consider the regional and national impacts of the applicant’s proposal.
  • 49 U.S.C. § 20109(a)(4)
    Go to provision →
    (4) to notify, or attempt to notify, the railroad carrier or the Secretary of Transportation of a work-related personal injury or work-related illness of an employee;
  • 49 U.S.C. § 20109(a)(5)
    Go to provision →
    (5) to cooperate with a safety or security investigation by the Secretary of Transportation, the Secretary of Homeland Security, or the National Transportation Safety Board;
  • 49 U.S.C. § 20109(a)(6)
    Go to provision →
    (6) to furnish information to the Secretary of Transportation, the Secretary of Homeland Security, the National Transportation Safety Board, or any Federal, State, or local regulatory or law enforcement agency as to the facts relating to any accident or incident resulting in injury or death to an individual or damage to property occurring in connection with railroad transportation; or
  • 49 U.S.C. § 20109(d)(1)
    Go to provision →
    (1) An employee who alleges discharge, discipline, or other discrimination in violation of subsection (a), (b), or (c) of this section, may seek relief in accordance with the provisions of this section, with any petition or other request for relief under this section to be initiated by filing a complaint with the Secretary of Labor.
  • 49 U.S.C. § 20109(d)(2)(A)(iii)
    Go to provision →
    (iii) If a person fails to comply with an order issued by the Secretary of Labor pursuant to the procedures in section 42121(b), the Secretary of Labor may bring a civil action to enforce the order in the district court of the United States for the judicial district in which the violation occurred, as set forth in 42121.3
  • 49 U.S.C. § 20109(d)(3)
    Go to provision →
    (3) With respect to a complaint under paragraph (1), if the Secretary of Labor has not issued a final decision within 210 days after the filing of the complaint and if the delay is not due to the bad faith of the employee, the employee may bring an original action at law or equity for de novo review in the appropriate district court of the United States, which shall have jurisdiction over such an action without regard to the amount in controversy, and which action shall, at the request of either party to such action, be tried by the court with a jury.
  • 49 U.S.C. § 20109(d)(4)
    Go to provision →
    (4) Any person adversely affected or aggrieved by an order issued pursuant to the procedures in section 42121(b),4 may obtain review of the order in the United States court of appeals for the circuit in which the violation, with respect to which the order was issued, allegedly occurred or the circuit in which the complainant resided on the date of such violation. The petition for review must be filed not later than 60 days after the date of the issuance of the final order of the Secretary of Labor. The review shall conform to chapter 7 of title 5. The commencement of proceedings under this paragraph shall not, unless ordered by the court, operate as a stay of the order.
  • 49 U.S.C. § 20109(i)(1)
    Go to provision →
    (1) Except as provided in paragraph (2) of this subsection, or with the written consent of the employee, the Secretary of Transportation or the Secretary of Homeland Security may not disclose the name of an employee of a railroad carrier who has provided information about an alleged violation of this part or, as applicable to railroad safety or security, chapter 51 or 57 of this title, or a regulation prescribed or order issued under any of those provisions.
  • 49 U.S.C. § 20109(i)(2)
    Go to provision →
    (2) The Secretary of Transportation or the Secretary of Homeland Security shall disclose to the Attorney General the name of an employee described in paragraph (1) if the matter is referred to the Attorney General for enforcement. The Secretary making such disclosures shall provide reasonable advance notice to the affected employee if disclosure of that person’s identity or identifying information is to occur.
  • 49 U.S.C. § 20109(j)(1)
    Go to provision →
    (1) The Secretary of Homeland Security shall establish through regulations, after an opportunity for notice and comment, a process by which any person may report to the Secretary of Homeland Security regarding railroad security problems, deficiencies, or vulnerabilities.
  • 49 U.S.C. § 20109(j)(2)
    Go to provision →
    (2) If a report submitted under paragraph (1) identifies the person making the report, the Secretary of Homeland Security shall respond promptly to such person and acknowledge receipt of the report.
  • 49 U.S.C. § 20109(j)(3)
    Go to provision →
    (3) The Secretary of Homeland Security shall review and consider the information provided in any report submitted under paragraph (1) and shall take appropriate steps to address any problems or deficiencies identified.
  • 49 U.S.C. § 20110(1)
    Go to provision →
    (1) authorize the Secretary of Transportation to prescribe regulations and issue orders related to qualifications of employees, except qualifications specifically related to safety; or
  • 49 U.S.C. § 20111(a)
    Go to provision →
    (a) The Secretary of Transportation has exclusive authority—
    (1) to impose and compromise a civil penalty for a violation of a railroad safety regulation prescribed or order issued by the Secretary;
    (2) except as provided in section 20113 of this title, to request an injunction for a violation of a railroad safety regulation prescribed or order issued by the Secretary; and
    (3) to recommend appropriate action be taken under section 20112(a) of this title.
  • 49 U.S.C. § 20111(a)(1)
    Go to provision →
    (1) to impose and compromise a civil penalty for a violation of a railroad safety regulation prescribed or order issued by the Secretary;
  • 49 U.S.C. § 20111(a)(2)
    Go to provision →
    (2) except as provided in section 20113 of this title, to request an injunction for a violation of a railroad safety regulation prescribed or order issued by the Secretary; and
  • 49 U.S.C. § 20111(b)
    Go to provision →
    (b) The Secretary may issue an order directing compliance with this part or with a railroad safety regulation prescribed or order issued under this part.
  • 49 U.S.C. § 20111(c)(1)
    Go to provision →
    (1) If an individual’s violation of this part, chapter 51 of this title, or a regulation prescribed, or an order issued, by the Secretary under this part or chapter 51 of this title is shown to make that individual unfit for the performance of safety-sensitive functions, the Secretary, after providing notice and an opportunity for a hearing, may issue an order prohibiting the individual from performing safety-sensitive functions in the railroad industry for a specified period of time or until specified conditions are met.
  • 49 U.S.C. § 20111(c)(2)
    Go to provision →
    (2) This subsection does not affect the Secretary’s authority under section 20104 of this title to act on an emergency basis.
  • 49 U.S.C. § 20111(d)(1)
    Go to provision →
    (1) The Secretary shall prescribe regulations to require that a railroad carrier notified by the Secretary that imposition of a civil penalty will be recommended for a failure to comply with this part, chapter 51 or 57 of this title, or a regulation prescribed or order issued under any of those provisions, shall report to the Secretary, not later than the 30th day after the end of the month in which the notification is received—
    (A) actions taken to remedy the failure; or
    (B) if appropriate remedial actions cannot be taken by that 30th day, an explanation of the reasons for the delay.
  • 49 U.S.C. § 20111(d)(2)
    Go to provision →
    (2) The Secretary—
    (A) not later than June 3, 1993, shall issue a notice of a regulatory proceeding for proposed regulations to carry out this subsection; and
    (B) not later than September 3, 1994, shall prescribe final regulations to carry out this subsection.
  • 49 U.S.C. § 20112(a)
    Go to provision →
    (a) At the request of the Secretary of Transportation, the Attorney General may bring a civil action in a district court of the United States—
    (1) to enjoin a violation of, or to enforce, this part, except for section 20109 of this title, or a railroad safety regulation prescribed or order issued by the Secretary;
    (2) to collect a civil penalty imposed or an amount agreed on in compromise under section 21301, 21302, or 21303 of this title; or
    (3) to enforce a subpoena, request for admissions, request for production of documents or other tangible things, or request for testimony by deposition issued by the Secretary under this part.
  • 49 U.S.C. § 20112(a)(1)
    Go to provision →
    (1) to enjoin a violation of, or to enforce, this part, except for section 20109 of this title, or a railroad safety regulation prescribed or order issued by the Secretary;
  • 49 U.S.C. § 20112(a)(3)
    Go to provision →
    (3) to enforce a subpoena, request for admissions, request for production of documents or other tangible things, or request for testimony by deposition issued by the Secretary under this part.
  • 49 U.S.C. § 20112(b)(2)
    Go to provision →
    (2) A civil action to enforce a subpena issued by the Secretary or a compliance order issued under section 20111(b) of this title may be brought in the judicial district in which the defendant resides, does business, or is found.
  • 49 U.S.C. § 20113(a)
    Go to provision →
    (a) If the Secretary of Transportation does not begin a civil action under section 20112 of this title to enjoin the violation of a railroad safety regulation prescribed or order issued by the Secretary not later than 15 days after the date the Secretary receives notice of the violation and a request from a State authority participating in investigative and surveillance activities under section 20105 of this title that the action be brought, the authority may bring a civil action in a district court of the United States to enjoin the violation. This subsection does not apply if the Secretary makes an affirmative written finding that the violation did not occur or that the action is not necessary because of other enforcement action taken by the Secretary related to the violation.
  • 49 U.S.C. § 20113(b)
    Go to provision →
    (b) If the Secretary does not impose the applicable civil penalty for a violation of a railroad safety regulation prescribed or order issued by the Secretary not later than 60 days after the date of receiving notice from a State authority participating in investigative and surveillance activities under section 20105 of this title, the authority may bring a civil action in a district court of the United States to impose and collect the penalty. This paragraph does not apply if the Secretary makes an affirmative written finding that the violation did not occur.
  • 49 U.S.C. § 20114(c)
    Go to provision →
    (c) Except as provided in section 20104(c) of this title, a proceeding to review a final action of the Secretary of Transportation under this part or, as applicable to railroad safety, chapter 51 or 57 of this title shall be brought in the appropriate court of appeals as provided in chapter 158 of title 28.
  • 49 U.S.C. § 20115(a)
    Go to provision →
    (a) The Secretary of Transportation shall prescribe by regulation a schedule of fees for railroad carriers subject to this chapter. The fees—
    (1) shall cover the costs of carrying out this chapter (except section 20108(a));
    (2) shall be imposed fairly on the railroad carriers, in reasonable relationship to an appropriate combination of criteria such as revenue ton-miles, track miles, passenger miles, or other relevant factors; and
    (3) may not be based on that part of industry revenues attributable to a railroad carrier or class of railroad carriers.
  • 49 U.S.C. § 20115(b)
    Go to provision →
    (b) The Secretary shall prescribe procedures to collect the fees. The Secretary may use the services of a department, agency, or instrumentality of the United States Government or of a State or local authority to collect the fees, and may reimburse the department, agency, or instrumentality a reasonable amount for its services.
  • 49 U.S.C. § 20115(c)(1)
    Go to provision →
    (1) The Secretary shall impose and collect fees under this section for each fiscal year before the end of the fiscal year.
  • 49 U.S.C. § 20115(d)(1)
    Go to provision →
    (1) Not later than 90 days after the end of each fiscal year in which fees are collected under this section, the Secretary shall report to Congress on—
    (A) the amount of fees collected during that fiscal year;
    (B) the impact of the fees on the financial health of the railroad industry and its competitive position relative to each competing mode of transportation; and
    (C) the total cost of Government safety activities for each other competing mode of transportation, including any part of that total cost defrayed by Government user fees.
  • 49 U.S.C. § 20115(d)(2)
    Go to provision →
    (2) Not later than 90 days after submitting a report for a fiscal year, the Secretary shall submit to Congress recommendations for corrective legislation if the report includes a finding that—
    (A) there has been an impact from the fees on the financial health of the railroad industry or its competitive position relative to each competing mode of transportation; or
    (B) there is a significant difference in the burden of Government user fees on the railroad industry and other competing modes of transportation.
  • 49 U.S.C. § 20116
    Go to provision →
    No rule or order issued by the Secretary under this part shall be effective if it incorporates by reference a code, rule, standard, requirement, or practice issued by an association or other entity that is not an agency of the Federal Government, unless—
  • 49 U.S.C. § 20117(a)(1)
    Go to provision →
    (1) There are authorized to be appropriated to the Secretary of Transportation to carry out this part and to carry out responsibilities under chapter 51 as delegated or authorized by the Secretary—
    (A) $225,000,000 for fiscal year 2009;
    (B) $245,000,000 for fiscal year 2010;
    (C) $266,000,000 for fiscal year 2011;
    (D) $289,000,000 for fiscal year 2012; and
    (E) $293,000,000 for fiscal year 2013.
  • 49 U.S.C. § 20117(a)(2)
    Go to provision →
    (2) With amounts appropriated pursuant to paragraph (1), the Secretary shall purchase Gage Restraint Measurement System vehicles and track geometry vehicles or other comparable technology as needed to assess track safety consistent with the results of the track inspection study required by section 403 of the Rail Safety Improvement Act of 2008.
  • 49 U.S.C. § 20117(a)(3)
    Go to provision →
    (3) There are authorized to be appropriated to the Secretary $18,000,000 for the period encompassing fiscal years 2009 through 2013 to design, develop, and construct the Facility for Underground Rail Station and Tunnel at the Transportation Technology Center in Pueblo, Colorado. The facility shall be used to test and evaluate the vulnerabilities of above-ground and underground rail tunnels to prevent accidents and incidents in such tunnels, to mitigate and remediate the consequences of any such accidents or incidents, and to provide a realistic scenario for training emergency responders.
  • 49 U.S.C. § 20117(a)(4)
    Go to provision →
    (4) Such sums as may be necessary from the amount appropriated pursuant to paragraph (1) for each of the fiscal years 2009 through 2013 shall be made available to the Secretary for personnel in regional offices and in Washington, D.C., whose duties primarily involve rail security.
  • 49 U.S.C. § 20117(b)
    Go to provision →
    (b) Not more than $1,000,000 may be appropriated to the Secretary for improvements in grade crossing safety, except demonstration projects under section 20134(c) of this title. Amounts appropriated under this subsection remain available until expended.
  • 49 U.S.C. § 20117(d)
    Go to provision →
    (d) At least 50 percent of the amounts appropriated to the Secretary for a fiscal year to carry out railroad research and development programs under this chapter or another law shall be available for safety research, improved track inspection and information acquisition technology, improved railroad freight transportation, and improved railroad passenger systems.
  • 49 U.S.C. § 20118(a)
    Go to provision →
    (a) Except as necessary for the Secretary of Transportation or another Federal agency to enforce or carry out any provision of Federal law, any part of any record (including, but not limited to, a railroad carrier’s analysis of its safety risks and its statement of the mitigation measures it has identified with which to address those risks) that the Secretary has obtained pursuant to a provision of, or regulation or order under, this chapter related to the establishment, implementation, or modification of a railroad safety risk reduction program or pilot program is exempt from the requirements of section 552 of title 5 if the record is—
    (1) supplied to the Secretary pursuant to that safety risk reduction program or pilot program; or
    (2) made available for inspection and copying by an officer, employee, or agent of the Secretary pursuant to that safety risk reduction program or pilot program.
  • 49 U.S.C. § 20118(a)(1)
    Go to provision →
    (1) supplied to the Secretary pursuant to that safety risk reduction program or pilot program; or
  • 49 U.S.C. § 20118(a)(2)
    Go to provision →
    (2) made available for inspection and copying by an officer, employee, or agent of the Secretary pursuant to that safety risk reduction program or pilot program.
  • 49 U.S.C. § 20118(b)
    Go to provision →
    (b) Notwithstanding subsection (a), the Secretary may disclose any part of any record comprised of facts otherwise available to the public if, in the Secretary’s sole discretion, the Secretary determines that disclosure would be consistent with the confidentiality needed for that safety risk reduction program or pilot program.
  • 49 U.S.C. § 20118(c)
    Go to provision →
    (c) The Secretary may prohibit the public disclosure of risk analyses or risk mitigation analyses that the Secretary has obtained under other provisions of, or regulations or orders under, this chapter if the Secretary determines that the prohibition of public disclosure is necessary to promote railroad safety.
  • 49 U.S.C. § 20119(a)
    Go to provision →
    (a) The Federal Railroad Administration shall complete a study to evaluate whether it is in the public interest, including public safety and the legal rights of persons injured in railroad accidents, to withhold from discovery or admission into evidence in a Federal or State court proceeding for damages involving personal injury or wrongful death against a carrier any report, survey, schedule, list, or data compiled or collected for the purpose of evaluating, planning, or implementing a railroad safety risk reduction program required under this chapter, including a railroad carrier’s analysis of its safety risks and its statement of the mitigation measures with which it will address those risks. In conducting this study, the Secretary shall solicit input from the railroads, railroad non-profit employee labor organizations, railroad accident victims and their families, and the general public.
  • 49 U.S.C. § 20119(b)
    Go to provision →
    (b) Following completion of the study required under subsection (a), the Secretary, if in the public interest, including public safety and the legal rights of persons injured in railroad accidents, may prescribe a rule subject to notice and comment to address the results of the study. Any such rule prescribed pursuant to this subsection shall not become effective until 1 year after its adoption.
  • 49 U.S.C. § 20120(a)
    Go to provision →
    (a) Beginning not later than December 31, 2009, the Secretary of Transportation shall make available to the public and publish on its public Web site an annual report that—
    (1) provides a summary of railroad safety and hazardous materials compliance inspections and audits that Federal or State inspectors conducted in the prior fiscal year organized by type of alleged violation, including track, motive power and equipment, signal, grade crossing, operating practices, accident and incident reporting, and hazardous materials;
    (2) provides a summary of all enforcement actions taken by the Secretary or the Federal Railroad Administration during the prior fiscal year, including—
    (A) the number of civil penalties assessed;
    (B) the initial amount of civil penalties assessed;
    (C) the number of civil penalty cases settled;
    (D) the final amount of civil penalties assessed;
    (E) the difference between the initial and final amounts of civil penalties assessed;
    (F) the number of administrative hearings requested and completed related to hazardous materials transportation law violations or enforcement actions against individuals;
    (G) the number of cases referred to the Attorney General for civil or criminal prosecution; and
    (H) the number and subject matter of all compliance orders, emergency orders, or precursor agreements;
    (3) analyzes the effect of the number of inspections conducted and enforcement actions taken on the number and rate of reported accidents and incidents and railroad safety;
    (4) provide2 the information required by paragraphs (2) and (3)—
    (A) for each Class I railroad individually; and
    (B) in the aggregate for—
    (i) Class II railroads;
    (ii) Class III railroads;
    (iii) hazardous materials shippers; and
    (iv) individuals;
    (5) identifies the number of locomotive engineer certification denial or revocation cases appealed to and the average length of time it took to be decided by—
    (A) the Locomotive Engineer Review Board;
    (B) an administrative hearing officer or administrative law judge; or
    (C) the Administrator of the Federal Railroad Administration;
    (6) provides an explanation regarding any changes in the Secretary’s or the Federal Railroad Administration’s enforcement programs or policies that may substantially affect the information reported; and
    (7) includes any additional information that the Secretary determines is useful to improve the transparency of its enforcement program.
  • 49 U.S.C. § 20120(a)(2)
    Go to provision →
    (2) provides a summary of all enforcement actions taken by the Secretary or the Federal Railroad Administration during the prior fiscal year, including—
    (A) the number of civil penalties assessed;
    (B) the initial amount of civil penalties assessed;
    (C) the number of civil penalty cases settled;
    (D) the final amount of civil penalties assessed;
    (E) the difference between the initial and final amounts of civil penalties assessed;
    (F) the number of administrative hearings requested and completed related to hazardous materials transportation law violations or enforcement actions against individuals;
    (G) the number of cases referred to the Attorney General for civil or criminal prosecution; and
    (H) the number and subject matter of all compliance orders, emergency orders, or precursor agreements;
  • 49 U.S.C. § 20120(a)(6)
    Go to provision →
    (6) provides an explanation regarding any changes in the Secretary’s or the Federal Railroad Administration’s enforcement programs or policies that may substantially affect the information reported; and
  • 49 U.S.C. § 20120(a)(7)
    Go to provision →
    (7) includes any additional information that the Secretary determines is useful to improve the transparency of its enforcement program.
  • 49 U.S.C. § 20121
    Go to provision →
    The Secretary of Transportation may receive and expend cash, or receive and utilize spare parts and similar items, from non-United States Government sources to repair damages to or replace United States Government-owned automated track inspection cars and equipment as a result of third-party liability for such damages, and any amounts collected under this section shall be credited directly to the Railroad Safety and Operations account of the Federal Railroad Administration and shall remain available until expended for the repair, operation, and maintenance of automated track inspection cars and equipment in connection with the automated track inspection program.
  • 49 U.S.C. § 20131
    Go to provision →
    The Secretary of Transportation shall prescribe regulations and issue orders that may be necessary to require that when railroad carrier employees (except train or yard crews) assigned to inspect, test, repair, or service rolling equipment have to work on, under, or between that equipment, every manually operated switch, including each crossover switch, providing access to the track on which the equipment is located is lined against movement to that track and secured by an effective locking device that can be removed only by the class or craft of employees performing the inspection, testing, repair, or service.
  • 49 U.S.C. § 20132(a)
    Go to provision →
    (a) The Secretary of Transportation shall prescribe regulations and issue orders that may be necessary to require that—
    (1) the rear car of each passenger and commuter train has at least one highly visible marker that is lighted during darkness and when weather conditions restrict clear visibility; and
    (2) the rear car of each freight train has highly visible markers during darkness and when weather conditions restrict clear visibility.
  • 49 U.S.C. § 20133(a)
    Go to provision →
    (a) The Secretary of Transportation shall prescribe regulations establishing minimum standards for the safety of cars used by railroad carriers to transport passengers. Before prescribing such regulations, the Secretary shall consider—
    (1) the crashworthiness of the cars;
    (2) interior features (including luggage restraints, seat belts, and exposed surfaces) that may affect passenger safety;
    (3) maintenance and inspection of the cars;
    (4) emergency response procedures and equipment; and
    (5) any operating rules and conditions that directly affect safety not otherwise governed by regulations.
    The Secretary may make applicable some or all of the standards established under this subsection to cars existing at the time the regulations are prescribed, as well as to new cars, and the Secretary shall explain in the rulemaking document the basis for making such standards applicable to existing cars.
  • 49 U.S.C. § 20133(b)(1)
    Go to provision →
    (1) The Secretary shall prescribe initial regulations under subsection (a) within 3 years after November 2, 1994. The initial regulations may exempt equipment used by tourist, historic, scenic, and excursion railroad carriers to transport passengers.
  • 49 U.S.C. § 20133(b)(2)
    Go to provision →
    (2) The Secretary shall prescribe final regulations under subsection (a) within 5 years after November 2, 1994.
  • 49 U.S.C. § 20133(c)
    Go to provision →
    (c) The Secretary may establish within the Department of Transportation 2 additional full-time equivalent positions beyond the number permitted under existing law to assist with the drafting, prescribing, and implementation of regulations under this section.
  • 49 U.S.C. § 20133(d)
    Go to provision →
    (d) In prescribing regulations, issuing orders, and making amendments under this section, the Secretary may consult with Amtrak, public authorities operating railroad passenger service, other railroad carriers transporting passengers, organizations of passengers, and organizations of employees. A consultation is not subject to chapter 10 of title 5, but minutes of the consultation shall be placed in the public docket of the regulatory proceeding.
  • 49 U.S.C. § 20134(a)
    Go to provision →
    (a) To the extent practicable, the Secretary of Transportation shall maintain a coordinated effort to develop and carry out solutions to the railroad grade crossing problem and measures to protect pedestrians in densely populated areas along railroad rights of way. To carry out this subsection, the Secretary may use the authority of the Secretary under this chapter and over highway, traffic, and motor vehicle safety and over highway construction. The Secretary may purchase items of nominal value and distribute them to the public without charge as part of an educational or awareness program to accomplish the purposes of this section and of any other sections of this title related to improving the safety of highway-rail crossings and to preventing trespass on railroad rights of way, and the Secretary shall prescribe guidelines for the administration of this authority.
  • 49 U.S.C. § 20134(b)
    Go to provision →
    (b) Not later than June 22, 1989, the Secretary shall prescribe regulations and issue orders to ensure the safe maintenance, inspection, and testing of signal systems and devices at railroad highway grade crossings.
  • 49 U.S.C. § 20134(c)(1)
    Go to provision →
    (1) The Secretary shall establish demonstration projects to evaluate whether accidents and incidents involving trains would be reduced by—
    (A) reflective markers installed on the road surface or on a signal post at railroad grade crossings;
    (B) stop signs or yield signs installed at grade crossings; and
    (C) speed bumps or rumble strips installed on the road surfaces at the approaches to grade crossings.
  • 49 U.S.C. § 20134(c)(2)
    Go to provision →
    (2) Not later than June 22, 1990, the Secretary shall submit a report on the results of the demonstration projects to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.
  • 49 U.S.C. § 20135(a)
    Go to provision →
    (a) The Secretary of Transportation shall prescribe regulations and issue orders to establish a program requiring the licensing or certification, after one year after the program is established, of any operator of a locomotive.
  • 49 U.S.C. § 20135(b)(5)
    Go to provision →
    (5) may require, based on the individual’s driving record, disqualification or the granting of a license or certification conditioned on requirements the Secretary prescribes; and
  • 49 U.S.C. § 20135(b)(6)(A)
    Go to provision →
    (A) to request the chief driver licensing official of each State in which the individual has held a motor vehicle operator’s license within the prior 5 years to provide information about the individual’s driving record to the individual’s employer, prospective employer, or the Secretary, as the Secretary requires; and
  • 49 U.S.C. § 20135(b)(6)(B)
    Go to provision →
    (B) to make the request provided for in section 30305(b)(4) of this title for information to be sent to the individual’s employer, prospective employer, or the Secretary, as the Secretary requires.
  • 49 U.S.C. § 20135(c)(1)
    Go to provision →
    (1) The Secretary shall prescribe standards and establish procedures for waiving subsection (b)(4) of this section for an individual or class of individuals who the Secretary decides are not currently unfit to operate a locomotive. However, the Secretary may waive subsection (b)(4) for an individual or class of individuals with a conviction, cancellation, revocation, or suspension described in paragraph (2)(A) or (B) of this subsection only if the individual or class, after the conviction, cancellation, revocation, or suspension, successfully completes a rehabilitation program established by a railroad carrier or approved by the Secretary.
  • 49 U.S.C. § 20135(c)(2)
    Go to provision →
    (2) If an individual, after the conviction, cancellation, revocation, or suspension, successfully completes a rehabilitation program established by a railroad carrier or approved by the Secretary, the individual may not be denied a license or certification under subsection (b)(4) of this section because of—
    (A) a conviction for operating a motor vehicle when under the influence of, or impaired by, alcohol or a controlled substance; or
    (B) the cancellation, revocation, or suspension of the individual’s motor vehicle operator’s license for operating a motor vehicle when under the influence of, or impaired by, alcohol or a controlled substance.
  • 49 U.S.C. § 20135(e)
    Go to provision →
    (e) The Secretary, employer, or prospective employer, as appropriate, shall make information obtained under subsection (b)(6) of this section available to the individual. The individual shall be given an opportunity to comment in writing about the information. Any comment shall be included in any record or file maintained by the Secretary, employer, or prospective employer that contains information to which the comment is related.
  • 49 U.S.C. § 20136
    Go to provision →
    The Secretary of Transportation shall prescribe regulations and issue orders to require that—
  • 49 U.S.C. § 20136(1)
    Go to provision →
    (1) an individual performing a test of an automatic train stop, train control, or cab signal apparatus required by the Secretary to be performed before entering territory where the apparatus will be used shall certify in writing that the test was performed properly; and
  • 49 U.S.C. § 20137(a)(1)
    Go to provision →
    (1) records train speed, hot box detection, throttle position, brake application, brake operations, and any other function the Secretary of Transportation considers necessary to record to assist in monitoring the safety of train operation, such as time and signal indication; and
  • 49 U.S.C. § 20137(b)
    Go to provision →
    (b) Not later than December 22, 1989, the Secretary shall prescribe regulations and issue orders that may be necessary to enhance safety by requiring that a train be equipped with an event recorder not later than one year after the regulations are prescribed and the orders are issued. However, if the Secretary finds it is impracticable to equip trains within that one-year period, the Secretary may extend the period to a date that is not later than 18 months after the regulations are prescribed and the orders are issued.
  • 49 U.S.C. § 20138(a)
    Go to provision →
    (a) The Secretary of Transportation shall prescribe regulations and issue orders to prohibit the willful tampering with, or disabling of, any specified railroad safety or operational monitoring device.
  • 49 U.S.C. § 20138(b)(2)
    Go to provision →
    (2) An individual tampering with or disabling a safety or operational monitoring device in violation of a regulation prescribed or order issued under subsection (a) of this section, or knowingly operating or allowing to be operated a train on which such a device has been tampered with or disabled, is liable for penalties established by the Secretary. The penalties may include—
    (A) a civil penalty under section 21301 of this title;
    (B) suspension from work; and
    (C) suspension or loss of a license or certification issued under section 20135 of this title.
  • 49 U.S.C. § 20139
    Go to provision →
    Not later than June 22, 1989, the Secretary of Transportation shall prescribe regulations and issue orders for the safety of maintenance-of-way employees on railroad bridges. The Secretary at least shall provide in those regulations standards for bridge safety equipment, including nets, walkways, handrails, and safety lines, and requirements for the use of vessels when work is performed on bridges located over bodies of water.
  • 49 U.S.C. § 20140(a)
    Go to provision →
    (a) In this section, “controlled substance” means any substance under section 102 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 802) specified by the Secretary of Transportation.
  • 49 U.S.C. § 20140(b)(1)
    Go to provision →
    (1) In the interest of safety, the Secretary of Transportation shall prescribe regulations and issue orders, not later than October 28, 1992, related to alcohol and controlled substances use in railroad operations. The regulations shall establish a program requiring—
    (A) a railroad carrier to conduct preemployment, reasonable suspicion, random, and post-accident testing of all railroad employees responsible for safety-sensitive functions (as decided by the Secretary) for the use of a controlled substance in violation of law or a United States Government regulation, and to conduct reasonable suspicion, random, and post-accident testing of such employees for the use of alcohol in violation of law or a United States Government regulation; the regulations shall permit such railroad carriers to conduct preemployment testing of such employees for the use of alcohol; and
    (B) when the Secretary considers it appropriate, disqualification for an established period of time or dismissal of any employee found—
    (i) to have used or been impaired by alcohol when on duty; or
    (ii) to have used a controlled substance, whether or not on duty, except as allowed for medical purposes by law or a regulation or order under this chapter.
  • 49 U.S.C. § 20140(b)(1)(A)
    Go to provision →
    (A) a railroad carrier to conduct preemployment, reasonable suspicion, random, and post-accident testing of all railroad employees responsible for safety-sensitive functions (as decided by the Secretary) for the use of a controlled substance in violation of law or a United States Government regulation, and to conduct reasonable suspicion, random, and post-accident testing of such employees for the use of alcohol in violation of law or a United States Government regulation; the regulations shall permit such railroad carriers to conduct preemployment testing of such employees for the use of alcohol; and
  • 49 U.S.C. § 20140(b)(1)(B)
    Go to provision →
    (B) when the Secretary considers it appropriate, disqualification for an established period of time or dismissal of any employee found—
    (i) to have used or been impaired by alcohol when on duty; or
    (ii) to have used a controlled substance, whether or not on duty, except as allowed for medical purposes by law or a regulation or order under this chapter.
  • 49 U.S.C. § 20140(b)(2)
    Go to provision →
    (2) When the Secretary of Transportation considers it appropriate in the interest of safety, the Secretary may prescribe regulations and issue orders requiring railroad carriers to conduct periodic recurring testing of railroad employees responsible for safety-sensitive functions (as decided by the Secretary) for the use of alcohol or a controlled substance in violation of law or a Government regulation.
  • 49 U.S.C. § 20140(c)
    Go to provision →
    (c) In carrying out this section, the Secretary of Transportation shall develop requirements that shall—
    (1) promote, to the maximum extent practicable, individual privacy in the collection of specimens;
    (2) for laboratories and testing procedures for controlled substances, incorporate the Department of Health and Human Services scientific and technical guidelines dated April 11, 1988, and any amendments to those guidelines, including mandatory guidelines establishing—
    (A) comprehensive standards for every aspect of laboratory controlled substances testing and laboratory procedures to be applied in carrying out this section, including standards requiring the use of the best available technology to ensure the complete reliability and accuracy of controlled substances tests and strict procedures governing the chain of custody of specimens collected for controlled substances testing;
    (B) the minimum list of controlled substances for which individuals may be tested; and
    (C) appropriate standards and procedures for periodic review of laboratories and criteria for certification and revocation of certification of laboratories to perform controlled substances testing in carrying out this section;
    (3) require that a laboratory involved in controlled substances testing under this section have the capability and facility, at the laboratory, of performing screening and confirmation tests;
    (4) provide that all tests indicating the use of alcohol or a controlled substance in violation of law or a Government regulation be confirmed by a scientifically recognized method of testing capable of providing quantitative information about alcohol or a controlled substance;
    (5) provide that each specimen be subdivided, secured, and labeled in the presence of the tested individual and that a part of the specimen be retained in a secure manner to prevent the possibility of tampering, so that if the individual’s confirmation test results are positive the individual has an opportunity to have the retained part tested by a 2d confirmation test done independently at another certified laboratory if the individual requests the 2d confirmation test not later than 3 days after being advised of the results of the first confirmation test;
    (6) ensure appropriate safeguards for testing to detect and quantify alcohol in breath and body fluid samples, including urine and blood, through the development of regulations that may be necessary and in consultation with the Secretary of Health and Human Services;
    (7) provide for the confidentiality of test results and medical information (other than information about alcohol or a controlled substance) of employees, except that this clause does not prevent the use of test results for the orderly imposition of appropriate sanctions under this section; and
    (8) ensure that employees are selected for tests by nondiscriminatory and impartial methods, so that no employee is harassed by being treated differently from other employees in similar circumstances.
  • 49 U.S.C. § 20140(c)(6)
    Go to provision →
    (6) ensure appropriate safeguards for testing to detect and quantify alcohol in breath and body fluid samples, including urine and blood, through the development of regulations that may be necessary and in consultation with the Secretary of Health and Human Services;
  • 49 U.S.C. § 20140(d)
    Go to provision →
    (d) The Secretary of Transportation shall prescribe regulations or issue orders establishing requirements for rehabilitation programs that at least provide for the identification and opportunity for treatment of railroad employees responsible for safety-sensitive functions (as decided by the Secretary) in need of assistance in resolving problems with the use of alcohol or a controlled substance in violation of law or a Government regulation. The Secretary shall decide on the circumstances under which employees shall be required to participate in a program. Each railroad carrier is encouraged to make such a program available to all of its employees in addition to employees responsible for safety-sensitive functions. This subsection does not prevent a railroad carrier from establishing a program under this subsection in cooperation with another railroad carrier.
  • 49 U.S.C. § 20140(e)
    Go to provision →
    (e) In carrying out this section, the Secretary of Transportation—
    (1) shall establish only requirements that are consistent with international obligations of the United States; and
    (2) shall consider applicable laws and regulations of foreign countries.
  • 49 U.S.C. § 20140(f)
    Go to provision →
    (f) This section does not prevent the Secretary of Transportation from continuing in effect, amending, or further supplementing a regulation prescribed or order issued before October 28, 1991, governing the use of alcohol or a controlled substance in railroad operations.
  • 49 U.S.C. § 20141(a)
    Go to provision →
    (a) The Secretary of Transportation shall review existing regulations on railroad power brakes and, not later than December 31, 1993, revise the regulations based on safety information presented during the review. Where applicable, the Secretary shall prescribe regulations that establish standards on dynamic braking equipment.
  • 49 U.S.C. § 20141(b)(1)
    Go to provision →
    (1) The Secretary shall require 2-way end-of-train devices (or devices able to perform the same function) on road trains, except locals, road switchers, or work trains, to enable the initiation of emergency braking from the rear of a train. The Secretary shall prescribe regulations as soon as possible, but not later than December 31, 1993, requiring the 2-way end-of-train devices. The regulations at least shall—
    (A) establish standards for the devices based on performance;
    (B) prohibit a railroad carrier, on or after the date that is one year after the regulations are prescribed, from acquiring any end-of-train device for use on trains that is not a 2-way device meeting the standards established under clause (A) of this paragraph;
    (C) require that the trains be equipped with 2-way end-of-train devices meeting those standards not later than 4 years after the regulations are prescribed; and
    (D) provide that any 2-way end-of-train device acquired for use on trains before the regulations are prescribed shall be deemed to meet the standards.
  • 49 U.S.C. § 20141(b)(2)
    Go to provision →
    (2) The Secretary may consider petitions to amend the regulations prescribed under paragraph (1) of this subsection to allow the use of alternative technologies that meet the same basic performance requirements established by the regulations.
  • 49 U.S.C. § 20141(b)(3)
    Go to provision →
    (3) In developing the regulations required by paragraph (1) of this subsection, the Secretary shall consider information presented under subsection (a) of this section.
  • 49 U.S.C. § 20141(c)
    Go to provision →
    (c) The Secretary may exclude from regulations prescribed under subsections (a) and (b) of this section any category of trains or rail operations if the Secretary decides that the exclusion is in the public interest and is consistent with railroad safety. The Secretary shall make public the reasons for the exclusion. The Secretary at least shall exclude from the regulations prescribed under subsection (b)—
    (1) trains that have manned cabooses;
    (2) passenger trains with emergency brakes;
    (3) trains that operate only on track that is not part of the general railroad system;
    (4) trains that do not exceed 30 miles an hour and do not operate on heavy grades, except for any categories of trains specifically designated by the Secretary; and
    (5) trains that operate in a push mode.
  • 49 U.S.C. § 20141(c)(4)
    Go to provision →
    (4) trains that do not exceed 30 miles an hour and do not operate on heavy grades, except for any categories of trains specifically designated by the Secretary; and
  • 49 U.S.C. § 20142(a)
    Go to provision →
    (a) Not later than March 3, 1993, the Secretary of Transportation shall begin a review of Department of Transportation regulations related to track safety standards. The review at least shall include an evaluation of—
    (1) procedures associated with maintaining and installing continuous welded rail and its attendant structure, including cold weather installation procedures;
    (2) the need for revisions to regulations on track excepted from track safety standards; and
    (3) employee safety.
  • 49 U.S.C. § 20142(b)
    Go to provision →
    (b) Not later than September 1, 1995, the Secretary shall prescribe regulations and issue orders to revise track safety standards, considering safety information presented during the review under subsection (a) of this section and the report of the Comptroller General submitted under subsection (c) of this section.
  • 49 U.S.C. § 20142(c)
    Go to provision →
    (c) The Comptroller General shall study the effectiveness of the Secretary’s enforcement of track safety standards, with particular attention to recent relevant railroad accident experience and information. Not later than September 3, 1993, the Comptroller General shall submit a report to Congress and the Secretary on the results of the study, with recommendations for improving enforcement of those standards.
  • 49 U.S.C. § 20142(d)
    Go to provision →
    (d) In carrying out subsections (a) and (b), the Secretary shall consider whether or not to prescribe regulations and issue orders concerning—
    (1) inspection procedures to identify internal rail defects, before they reach imminent failure size, in rail that has significant shelling; and
    (2) any specific actions that should be taken when a rail surface condition, such as shelling, prevents the identification of internal defects.
  • 49 U.S.C. § 20143(b)
    Go to provision →
    (b) Not later than December 31, 1992, the Secretary of Transportation shall prescribe temporary regulations identifying ditch, crossing, strobe, and oscillating lights as temporary locomotive visibility measures and authorizing and encouraging the installation and use of those lights. Subchapter II of chapter 5 of title 5 does not apply to a temporary regulation or to an amendment to a temporary regulation.
  • 49 U.S.C. § 20143(c)
    Go to provision →
    (c) The Secretary shall review the Secretary’s regulations on locomotive visibility. Not later than December 31, 1993, the Secretary shall complete the current research of the Department of Transportation on locomotive visibility. In conducting the review, the Secretary shall collect relevant information from operational experience by rail carriers using enhanced visibility measures.
  • 49 U.S.C. § 20143(d)
    Go to provision →
    (d) Not later than June 30, 1994, the Secretary shall begin a regulatory proceeding to prescribe final regulations requiring substantially enhanced locomotive visibility measures. In the proceeding, the Secretary shall consider at least—
    (1) revisions to the existing locomotive headlight standards, including standards for placement and intensity;
    (2) requiring the use of reflective material to enhance locomotive visibility;
    (3) requiring the use of additional alerting lights, including ditch, crossing, strobe, and oscillating lights;
    (4) requiring the use of auxiliary lights to enhance locomotive visibility when viewed from the side;
    (5) the effect of an enhanced visibility measure on the vision, health, and safety of train crew members; and
    (6) separate standards for self-propelled, push-pull, and multi-unit passenger operations without a dedicated head end locomotive.
  • 49 U.S.C. § 20143(e)(1)
    Go to provision →
    (1) Not later than June 30, 1995, the Secretary shall prescribe final regulations requiring enhanced locomotive visibility measures. The Secretary shall require that not later than December 31, 1997, a locomotive not excluded from the regulations be equipped with temporary visibility measures under subsection (b) of this section or the visibility measures the final regulations require.
  • 49 U.S.C. § 20143(e)(2)
    Go to provision →
    (2) In prescribing regulations under paragraph (1) of this subsection, the Secretary may exclude a category of trains or rail operations from a specific visibility requirement if the Secretary decides the exclusion is in the public interest and is consistent with rail safety, including grade-crossing safety.
  • 49 U.S.C. § 20144
    Go to provision →
    The Secretary of Transportation shall prescribe regulations applying blue signal protection to on-track vehicles where rest is provided.
  • 49 U.S.C. § 20145
    Go to provision →
    Not later than 18 months after November 2, 1994, the Secretary of Transportation shall transmit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report concerning any action that has been taken by the Secretary on railroad bridge displacement detection systems.
  • 49 U.S.C. § 20146
    Go to provision →
    The Secretary of Transportation, in conjunction with a university or college having expertise in transportation safety, shall establish, within one year after November 2, 1994, an Institute for Railroad Safety. The Institute shall research, develop, fund, and test measures for reducing the number of fatalities and injuries relevant to railroad operations. There are authorized to be appropriated to the Secretary $1,000,000 for each of the fiscal years 1996 through 2000 to fund activities carried out under this section by the Institute, which shall report at least once each year on its use of such funds in carrying out such activities and the results thereof to the Secretary of Transportation and the Congress.
  • 49 U.S.C. § 20147
    Go to provision →
    The Secretary of Transportation shall encourage railroad carriers to warn the public about potential liability for violation of regulations related to vandalism of railroad signs, devices, and equipment and to trespassing on railroad property.
  • 49 U.S.C. § 20148(a)
    Go to provision →
    (a) The Secretary of Transportation shall conduct a review of the Department of Transportation’s rules with respect to railroad car visibility. As part of this review, the Secretary shall collect relevant data from operational experience by railroads having enhanced visibility measures in service.
  • 49 U.S.C. § 20148(b)
    Go to provision →
    (b) If the review conducted under subsection (a) establishes that enhanced railroad car visibility would likely improve safety in a cost-effective manner, the Secretary shall initiate a rulemaking proceeding to prescribe regulations requiring enhanced visibility standards for newly manufactured and remanufactured railroad cars. In such proceeding the Secretary shall consider, at a minimum—
    (1) visibility of railroad cars from the perspective of nonrailroad traffic;
    (2) whether certain railroad car paint colors should be prohibited or required;
    (3) the use of reflective materials;
    (4) the visibility of lettering on railroad cars;
    (5) the effect of any enhanced visibility measures on the health and safety of train crew members; and
    (6) the cost/benefit ratio of any new regulations.
  • 49 U.S.C. § 20148(c)
    Go to provision →
    (c) In prescribing regulations under subsection (b), the Secretary may exclude from any specific visibility requirement any category of trains or railroad operations if the Secretary determines that such an exclusion is in the public interest and is consistent with railroad safety.
  • 49 U.S.C. § 20149
    Go to provision →
    The Secretary of Transportation shall consult with the Secretary of Labor on a regular basis to ensure that all applicable laws affecting safe working conditions for railroad employees are appropriately enforced to ensure a safe and productive working environment for the railroad industry.
  • 49 U.S.C. § 20150
    Go to provision →
    The Secretary of Transportation shall submit a report to the Congress on the development, deployment, and demonstration of positive train control systems by December 31, 1995.
  • 49 U.S.C. § 20151(a)
    Go to provision →
    (a) In consultation with affected parties, the Secretary of Transportation shall evaluate and review current local, State, and Federal laws regarding trespassing on railroad property, vandalism affecting railroad safety, and violations of highway-rail grade crossing signs, signals, markings, or other warning devices and develop model prevention strategies and enforcement laws to be used for the consideration of State and local legislatures and governmental entities. The first such evaluation and review shall be completed within 1 year after the date of enactment of the Rail Safety Improvement Act of 2008. The Secretary shall revise the model prevention strategies and enforcement codes periodically.
  • 49 U.S.C. § 20151(b)
    Go to provision →
    (b) The Secretary shall develop and maintain a comprehensive outreach program to improve communications among Federal railroad safety inspectors, State inspectors certified by the Federal Railroad Administration, railroad police, and State and local law enforcement officers, for the purpose of addressing trespassing and vandalism problems on railroad property, and strengthening relevant enforcement strategies. This program shall be designed to increase public and police awareness of the illegality of, dangers inherent in, and the extent of, trespassing on railroad rights-of-way, to develop strategies to improve the prevention of trespassing and vandalism, and to improve the enforcement of laws relating to railroad trespass, vandalism, and safety.
  • 49 U.S.C. § 20151(c)(1)
    Go to provision →
    (1) Within 18 months after November 2, 1994, the Secretary, after consultation with State and local governments and railroad carriers, shall develop and make available to State and local governments model State legislation providing for—
    (A) civil or criminal penalties, or both, for vandalism of railroad equipment or property which could affect the safety of the public or of railroad employees; and
    (B) civil or criminal penalties, or both, for trespassing on a railroad owned or leased right-of-way.
  • 49 U.S.C. § 20151(c)(2)
    Go to provision →
    (2) Not later than 18 months after the date of enactment of the Rail Safety Improvement Act of 2008, the Secretary, after consultation with State and local governments and railroad carriers, shall develop and make available to State and local governments model State legislation providing for civil or criminal penalties, or both, for violations of highway-rail grade crossing signs, signals, markings, or other warning devices.
  • 49 U.S.C. § 20152(a)
    Go to provision →
    (a) Not later than 18 months after the date of enactment of the Rail Safety Improvement Act of 2008, the Secretary of Transportation shall require each railroad carrier to—
    (1) establish and maintain a toll-free telephone service for rights-of-way over which it dispatches trains, to directly receive calls reporting—
    (A) malfunctions of signals, crossing gates, and other devices to promote safety at the grade crossing of railroad tracks on those rights-of-way and public or private roads;
    (B) disabled vehicles blocking railroad tracks at such grade crossings;
    (C) obstructions to the view of a pedestrian or a vehicle operator for a reasonable distance in either direction of a train’s approach; or
    (D) other safety information involving such grade crossings;
    (2) upon receiving a report pursuant to paragraph (1)(A) or (B), immediately contact trains operating near the grade crossing to warn them of the malfunction or disabled vehicle;
    (3) upon receiving a report pursuant to paragraph (1)(A) or (B), and after contacting trains pursuant to paragraph (2), contact, as necessary, appropriate public safety officials having jurisdiction over the grade crossing to provide them with the information necessary for them to direct traffic, assist in the removal of the disabled vehicle, or carry out other activities as appropriate;
    (4) upon receiving a report pursuant to paragraph (1)(C) or (D), timely investigate the report, remove the obstruction if possible, or correct the unsafe circumstance; and
    (5) ensure the placement at each grade crossing on rights-of-way that it owns of appropriately located signs, on which shall appear, at a minimum—
    (A) a toll-free telephone number to be used for placing calls described in paragraph (1) to the railroad carrier dispatching trains on that right-of-way;
    (B) an explanation of the purpose of that toll-free telephone number; and
    (C) the grade crossing number assigned for that crossing by the National Highway-Rail Crossing Inventory established by the Department of Transportation.
  • 49 U.S.C. § 20152(b)
    Go to provision →
    (b) The Secretary may waive the requirement that the telephone service be toll-free for Class II and Class III rail carriers if the Secretary determines that toll-free service would be cost prohibitive or unnecessary.
  • 49 U.S.C. § 20153(a)(2)
    Go to provision →
    (2) the term “locomotive horn” refers to a train-borne audible warning device meeting standards specified by the Secretary of Transportation; and
  • 49 U.S.C. § 20153(a)(3)
    Go to provision →
    (3) the term “supplementary safety measure” refers to a safety system or procedure, provided by the appropriate traffic control authority or law enforcement authority responsible for safety at the highway-rail grade crossing, that is determined by the Secretary to be an effective substitute for the locomotive horn in the prevention of highway-rail casualties. A traffic control arrangement that prevents careless movement over the crossing (e.g., as where adequate median barriers prevent movement around crossing gates extending over the full width of the lanes in the particular direction of travel), and that conforms to standards prescribed by the Secretary under this subsection, shall be deemed to constitute a supplementary safety measure. The following do not, individually or in combination, constitute supplementary safety measures within the meaning of this subsection: standard traffic control devices or arrangements such as reflectorized crossbucks, stop signs, flashing lights, flashing lights with gates that do not completely block travel over the line of railroad, or traffic signals.
  • 49 U.S.C. § 20153(b)
    Go to provision →
    (b) The Secretary of Transportation shall prescribe regulations requiring that a locomotive horn shall be sounded while each train is approaching and entering upon each public highway-rail grade crossing.
  • 49 U.S.C. § 20153(c)(1)
    Go to provision →
    (1) In issuing such regulations, the Secretary may except from the requirement to sound the locomotive horn any categories of rail operations or categories of highway-rail grade crossings (by train speed or other factors specified by regulation)—
    (A) that the Secretary determines not to present a significant risk with respect to loss of life or serious personal injury;
    (B) for which use of the locomotive horn as a warning measure is impractical; or
    (C) for which, in the judgment of the Secretary, supplementary safety measures fully compensate for the absence of the warning provided by the locomotive horn.
  • 49 U.S.C. § 20153(c)(1)(A)
    Go to provision →
    (A) that the Secretary determines not to present a significant risk with respect to loss of life or serious personal injury;
  • 49 U.S.C. § 20153(c)(1)(C)
    Go to provision →
    (C) for which, in the judgment of the Secretary, supplementary safety measures fully compensate for the absence of the warning provided by the locomotive horn.
  • 49 U.S.C. § 20153(c)(2)
    Go to provision →
    (2) In order to provide for safety and the quiet of communities affected by train operations, the Secretary may specify in such regulations that any supplementary safety measures must be applied to all highway-rail grade crossings within a specified distance along the railroad in order to be excepted from the requirement of this section.
  • 49 U.S.C. § 20153(d)
    Go to provision →
    (d) Notwithstanding any other provision of this subchapter, the Secretary may not entertain an application for waiver or exemption of the regulations issued under this section unless such application shall have been submitted jointly by the railroad carrier owning, or controlling operations over, the crossing and by the appropriate traffic control authority or law enforcement authority. The Secretary shall not grant any such application unless, in the judgment of the Secretary, the application demonstrates that the safety of highway users will not be diminished.
  • 49 U.S.C. § 20153(e)(1)
    Go to provision →
    (1) In order to promote the quiet of communities affected by rail operations and the development of innovative safety measures at highway-rail grade crossings, the Secretary may, in connection with demonstration of proposed new supplementary safety measures, order railroad carriers operating over one or more crossings to cease temporarily the sounding of locomotive horns at such crossings. Any such measures shall have been subject to testing and evaluation and deemed necessary by the Secretary prior to actual use in lieu of the locomotive horn.
  • 49 U.S.C. § 20153(e)(2)
    Go to provision →
    (2) The Secretary may include in regulations issued under this subsection special procedures for approval of new supplementary safety measures meeting the requirements of subsection (c)(1) of this section following successful demonstration of those measures.
  • 49 U.S.C. § 20153(f)
    Go to provision →
    (f) The Secretary may, by regulation, provide that the following crossings over railroad lines shall be subject, in whole or in part, to the regulations required under this section:
    (1) Private highway-rail grade crossings.
    (2) Pedestrian crossings.
    (3) Crossings utilized primarily by non­motorized vehicles and other special vehicles.
    Regulations issued under this subsection shall not apply to any location where persons are not authorized to cross the railroad.
  • 49 U.S.C. § 20153(g)
    Go to provision →
    (g) The Secretary shall issue regulations required by this section pertaining to categories of highway-rail grade crossings that in the judgment of the Secretary pose the greatest safety hazard to rail and highway users not later than 24 months following November 2, 1994. The Secretary shall issue regulations pertaining to any other categories of crossings not later than 48 months following November 2, 1994.
  • 49 U.S.C. § 20153(h)
    Go to provision →
    (h) The Secretary shall include in regulations prescribed under this section a concise statement of the impact of such regulations with respect to the operation of section 20106 of this title (national uniformity of regulation).
  • 49 U.S.C. § 20153(i)
    Go to provision →
    (i) In issuing regulations under this section, the Secretary—
    (1) shall take into account the interest of communities that—
    (A) have in effect restrictions on the sounding of a locomotive horn at highway-rail grade crossings; or
    (B) have not been subject to the routine (as defined by the Secretary) sounding of a locomotive horn at highway-rail grade crossings;
    (2) shall work in partnership with affected communities to provide technical assistance and shall provide a reasonable amount of time for local communities to install supplementary safety measures, taking into account local safety initiatives (such as public awareness initiatives and highway-rail grade crossing traffic law enforcement programs) subject to such terms and conditions as the Secretary deems necessary, to protect public safety; and
    (3) may waive (in whole or in part) any requirement of this section (other than a requirement of this subsection or subsection (j)) that the Secretary determines is not likely to contribute significantly to public safety.
  • 49 U.S.C. § 20153(i)(1)(B)
    Go to provision →
    (B) have not been subject to the routine (as defined by the Secretary) sounding of a locomotive horn at highway-rail grade crossings;
  • 49 U.S.C. § 20153(i)(2)
    Go to provision →
    (2) shall work in partnership with affected communities to provide technical assistance and shall provide a reasonable amount of time for local communities to install supplementary safety measures, taking into account local safety initiatives (such as public awareness initiatives and highway-rail grade crossing traffic law enforcement programs) subject to such terms and conditions as the Secretary deems necessary, to protect public safety; and
  • 49 U.S.C. § 20153(i)(3)
    Go to provision →
    (3) may waive (in whole or in part) any requirement of this section (other than a requirement of this subsection or subsection (j)) that the Secretary determines is not likely to contribute significantly to public safety.
  • 49 U.S.C. § 20156(a)(1)
    Go to provision →
    (1) Not later than 4 years after the date of enactment of the Rail Safety Improvement Act of 2008, the Secretary of Transportation, by regulation, shall require each railroad carrier that is a Class I railroad, a railroad carrier that has inadequate safety performance (as determined by the Secretary), or a railroad carrier that provides intercity rail passenger or commuter rail passenger transportation—
    (A) to develop a railroad safety risk reduction program under subsection (d) that systematically evaluates railroad safety risks on its system and manages those risks in order to reduce the numbers and rates of railroad accidents, incidents, injuries, and fatalities;
    (B) to submit its program, including any required plans, to the Secretary for review and approval; and
    (C) to implement the program and plans approved by the Secretary.
  • 49 U.S.C. § 20156(a)(1)(B)
    Go to provision →
    (B) to submit its program, including any required plans, to the Secretary for review and approval; and
  • 49 U.S.C. § 20156(a)(1)(C)
    Go to provision →
    (C) to implement the program and plans approved by the Secretary.
  • 49 U.S.C. § 20156(a)(2)
    Go to provision →
    (2) The Secretary may conduct behavior-based safety and other research, including pilot programs, before promulgating regulations under this subsection and thereafter. The Secretary shall use any information and experience gathered through such research and pilot programs under this subsection in developing regulations under this section.
  • 49 U.S.C. § 20156(a)(3)
    Go to provision →
    (3) The Secretary shall review and approve or disapprove railroad safety risk reduction program plans within a reasonable period of time. If the proposed plan is not approved, the Secretary shall notify the affected railroad carrier as to the specific areas in which the proposed plan is deficient, and the railroad carrier shall correct all deficiencies within a reasonable period of time following receipt of written notice from the Secretary. The Secretary shall annually conduct a review to ensure that the railroad carriers are complying with their plans.
  • 49 U.S.C. § 20156(a)(4)
    Go to provision →
    (4) A railroad carrier that is not required to submit a railroad safety risk reduction program under this section may voluntarily submit a program that meets the requirements of this section to the Secretary. The Secretary shall approve or disapprove any program submitted under this paragraph.
  • 49 U.S.C. § 20156(b)
    Go to provision →
    (b) The chief official responsible for safety of each railroad carrier required to submit a railroad safety risk reduction program under subsection (a) shall certify that the contents of the program are accurate and that the railroad carrier will implement the contents of the program as approved by the Secretary.
  • 49 U.S.C. § 20156(e)(1)
    Go to provision →
    (1) As part of its railroad safety risk reduction program, a railroad carrier required to submit a railroad safety risk reduction program under subsection (a) shall develop, and periodically update as necessary, a 10-year technology implementation plan that describes the railroad carrier’s plan for development, adoption, implementation, maintenance, and use of current, new, or novel technologies on its system over a 10-year period to reduce safety risks identified under the railroad safety risk reduction program. Any updates to the plan are subject to review and approval by the Secretary.
  • 49 U.S.C. § 20156(e)(4)
    Go to provision →
    (4) Except as required by section 20157 (relating to the requirements for implementation of positive train control systems), the Secretary shall ensure that—
    (A) each railroad carrier’s technology implementation plan required under paragraph (1) that includes a schedule for implementation of a positive train control system complies with that schedule; and
    (B) each railroad carrier required to submit such a plan implements a positive train control system pursuant to such plan by December 31, 2018.
  • 49 U.S.C. § 20156(f)(1)
    Go to provision →
    (1) As part of its railroad safety risk reduction program, a railroad carrier required to submit a railroad safety risk reduction program under subsection (a) shall develop and update at least once every 2 years a fatigue management plan that is designed to reduce the fatigue experienced by safety-related railroad employees and to reduce the likelihood of accidents, incidents, injuries, and fatalities caused by fatigue. Any such update shall be subject to review and approval by the Secretary.
  • 49 U.S.C. § 20156(f)(3)(J)
    Go to provision →
    (J) Additional elements that the Secretary considers appropriate.
  • 49 U.S.C. § 20156(g)(2)
    Go to provision →
    (2) If the railroad carrier and its directly affected employees, including any nonprofit employee labor organization representing a class or craft of directly affected employees of the railroad carrier, cannot reach consensus on the proposed contents of the plan, then directly affected employees and such organization may file a statement with the Secretary explaining their views on the plan on which consensus was not reached. The Secretary shall consider such views during review and approval of the program.
  • 49 U.S.C. § 20156(h)
    Go to provision →
    (h) The Secretary shall have the authority to assess civil penalties pursuant to chapter 213 for a violation of this section, including the failure to submit, certify, or comply with a safety risk reduction program, risk mitigation plan, technology implementation plan, or fatigue management plan.
  • 49 U.S.C. § 20157(a)(1)
    Go to provision →
    (1) Not later than 90 days after the date of enactment of the Positive Train Control Enforcement and Implementation Act of 2015, each Class I railroad carrier and each entity providing regularly scheduled intercity or commuter rail passenger transportation shall submit to the Secretary of Transportation a revised plan for implementing a positive train control system by December 31, 2018, governing operations on—
    (A) its main line over which intercity rail passenger transportation or commuter rail passenger transportation, as defined in section 24102, is regularly provided;
    (B) its main line over which poison- or toxic-by-inhalation hazardous materials, as defined in sections 171.8, 173.115, and 173.132 of title 49, Code of Federal Regulations, are transported; and
    (C) such other tracks as the Secretary may prescribe by regulation or order.
  • 49 U.S.C. § 20157(a)(1)(C)
    Go to provision →
    (C) such other tracks as the Secretary may prescribe by regulation or order.
  • 49 U.S.C. § 20157(a)(2)(D)
    Go to provision →
    (D) A railroad carrier or other entity subject to paragraph (1) shall implement a positive train control system in accordance with its revised plan, including any amendments or any alternative schedule and sequence approved by the Secretary under paragraph (3).
  • 49 U.S.C. § 20157(a)(3)(A)
    Go to provision →
    (A) A railroad carrier or other entity that submits a revised plan under paragraph (1) and proposes an alternative schedule and sequence under paragraph (2)(B) shall submit to the Secretary a written notification when such railroad carrier or other entity is prepared for review under subparagraph (B).
  • 49 U.S.C. § 20157(a)(3)(B)
    Go to provision →
    (B) Not later than 90 days after a railroad carrier or other entity submits a notification under subparagraph (A), the Secretary shall review the alternative schedule and sequence submitted pursuant to paragraph (2)(B) and determine whether the railroad carrier or other entity has demonstrated, to the satisfaction of the Secretary, that such carrier or entity has—
    (i) installed all positive train control system hardware consistent with the plan contents provided pursuant to paragraph (2)(A)(iii)(II) on or before the implementation deadline under paragraph (1);
    (ii) acquired all spectrum necessary for implementation of a positive train control system, consistent with the plan contents provided pursuant to paragraph (2)(A)(iii)(I) on or before the implementation deadline under paragraph (1);
    (iii) completed employee training required under the applicable positive train control system regulations;
    (iv) included in its revised plan an alternative schedule and sequence for implementing a positive train control system as soon as practicable, pursuant to paragraph (2)(B);
    (v) certified to the Secretary in writing that it will be in full compliance with the requirements of this section on or before the date provided in an alternative schedule and sequence, subject to approval by the Secretary;
    (vi) in the case of a Class I railroad carrier and Amtrak, implemented a positive train control system or initiated revenue service demonstration on the majority of territories, such as subdivisions or districts, or route miles that are owned or controlled by such carrier and required to have operations governed by a positive train control system; and
    (vii) in the case of any other railroad carrier or other entity not subject to clause (vi)—
    (I) initiated revenue service demonstration on at least 1 territory that is required to have operations governed by a positive train control system; or
    (II) met any other criteria established by the Secretary.
  • 49 U.S.C. § 20157(a)(3)(B)(v)
    Go to provision →
    (v) certified to the Secretary in writing that it will be in full compliance with the requirements of this section on or before the date provided in an alternative schedule and sequence, subject to approval by the Secretary;
  • 49 U.S.C. § 20157(a)(3)(B)(vii)(II)
    Go to provision →
    (II) met any other criteria established by the Secretary.
  • 49 U.S.C. § 20157(a)(3)(C)(i)
    Go to provision →
    (i) Not later than 90 days after the receipt of the notification from a railroad carrier or other entity under subparagraph (A), the Secretary shall—
    (I) approve an alternative schedule and sequence submitted pursuant to paragraph (2)(B) if the railroad carrier or other entity meets the criteria in subparagraph (B); and
    (II) notify in writing the railroad carrier or other entity of the decision.
  • 49 U.S.C. § 20157(a)(3)(C)(ii)
    Go to provision →
    (ii) Not later than 45 days after the receipt of the notification under subparagraph (A), the Secretary shall provide to the railroad carrier or other entity a written notification of any deficiencies that would prevent approval under clause (i) and provide the railroad carrier or other entity an opportunity to correct deficiencies before the date specified in such clause.
  • 49 U.S.C. § 20157(a)(3)(D)(i)
    Go to provision →
    (i) For a railroad carrier or other entity that submits a notification under subparagraph (A), the deadline for implementation of a positive train control system required under paragraph (1) shall be extended until the date on which the Secretary approves or disapproves the alternative schedule and sequence, if such date is later than the implementation date under paragraph (1).
  • 49 U.S.C. § 20157(a)(3)(D)(ii)
    Go to provision →
    (ii) If the Secretary approves a railroad carrier or other entity’s alternative schedule and sequence under subparagraph (C)(i), the railroad carrier or other entity’s deadline for implementation of a positive train control system required under paragraph (1) shall be the date specified in that railroad carrier or other entity’s alternative schedule and sequence. The Secretary may not approve a date for implementation that is later than 24 months from the deadline in paragraph (1).
  • 49 U.S.C. § 20157(b)
    Go to provision →
    (b) The Secretary may provide technical assistance and guidance to railroad carriers in developing the plans required under subsection (a).
  • 49 U.S.C. § 20157(c)(1)
    Go to provision →
    (1) Each railroad carrier or other entity subject to subsection (a) shall, not later than March 31, 2016, and annually thereafter until such carrier or entity has completed implementation of a positive train control system, submit to the Secretary a report on the progress toward implementing such systems, including—
    (A) the information on spectrum acquisition provided pursuant to subsection (a)(2)(A)(iii)(I);
    (B) the totals provided pursuant to subclauses (III) and (V) of subsection (a)(2)(A)(iii), by territory, if applicable;
    (C) the extent to which the railroad carrier or other entity is complying with the implementation schedule under subsection (a)(2)(A)(iii)(VII) or subsection (a)(2)(B);
    (D) any update to the information provided under subsection (a)(2)(A)(iii)(VI);
    (E) for each entity providing regularly scheduled intercity or commuter rail passenger transportation, a description of the resources identified and allocated to implement a positive train control system;
    (F) for each railroad carrier or other entity subject to subsection (a), the total number of route miles on which a positive train control system has been initiated for revenue service demonstration or implemented, as compared to the total number of route miles required to have a positive train control system under subsection (a); and
    (G) any other information requested by the Secretary.
  • 49 U.S.C. § 20157(c)(1)(G)
    Go to provision →
    (G) any other information requested by the Secretary.
  • 49 U.S.C. § 20157(c)(2)
    Go to provision →
    (2) The Secretary shall at least annually conduct reviews to ensure that railroad carriers or other entities are complying with the revised plan submitted under subsection (a), including any amendments or any alternative schedule and sequence approved by the Secretary. Such railroad carriers or other entities shall provide such information as the Secretary determines necessary to adequately conduct such reviews.
  • 49 U.S.C. § 20157(c)(3)
    Go to provision →
    (3) Not later than 60 days after receipt, the Secretary shall make available to the public on the Internet Web site of the Department of Transportation any report submitted pursuant to paragraph (1) or subsection (d), but may exclude, as the Secretary determines appropriate—
    (A) proprietary information; and
    (B) security-sensitive information, including information described in section 1520.5(a) of title 49, Code of Federal Regulations.
  • 49 U.S.C. § 20157(d)
    Go to provision →
    (d) Not later than July 1, 2018, the Secretary shall transmit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the progress of each railroad carrier or other entity subject to subsection (a) in implementing a positive train control system.
  • 49 U.S.C. § 20157(e)
    Go to provision →
    (e) The Secretary is authorized to assess civil penalties pursuant to chapter 213 for—
    (1) a violation of this section;
    (2) the failure to submit or comply with the revised plan required under subsection (a), including the failure to comply with the totals provided pursuant to subclauses (III) and (V) of subsection (a)(2)(A)(iii) and the spectrum acquisition dates provided pursuant to subsection (a)(2)(A)(iii)(I);
    (3) failure to comply with any amendments to such revised plan pursuant to subsection (a)(2)(C); and
    (4) the failure to comply with an alternative schedule and sequence submitted under subsection (a)(2)(B) and approved by the Secretary under subsection (a)(3)(C).
  • 49 U.S.C. § 20157(e)(4)
    Go to provision →
    (4) the failure to comply with an alternative schedule and sequence submitted under subsection (a)(2)(B) and approved by the Secretary under subsection (a)(3)(C).
  • 49 U.S.C. § 20157(f)
    Go to provision →
    (f) Nothing in this section restricts the discretion of the Secretary to require railroad carriers other than those specified in subsection (a) to implement a positive train control system pursuant to this section or section 20156, or to specify the period by which implementation shall occur that does not exceed the time limits established in this section or section 20156. In exercising such discretion, the Secretary shall, at a minimum, consider the risk to railroad employees and the public associated with the operations of the railroad carrier.
  • 49 U.S.C. § 20157(g)(1)
    Go to provision →
    (1) The Secretary shall prescribe regulations or issue orders necessary to implement this section, including regulations specifying in appropriate technical detail the essential functionalities of positive train control systems, and the means by which those systems will be qualified.
  • 49 U.S.C. § 20157(g)(2)
    Go to provision →
    (2) Immediately after the date of the enactment of the Positive Train Control Enforcement and Implementation Act of 2015, the Secretary—
    (A) shall remove or revise the date-specific deadlines in the regulations or orders implementing this section to the extent necessary to conform with the amendments made by such Act; and
    (B) may not enforce any such date-specific deadlines or requirements that are inconsistent with the amendments made by such Act.
  • 49 U.S.C. § 20157(g)(3)
    Go to provision →
    (3) Nothing in the Positive Train Control Enforcement and Implementation Act of 2015, or the amendments made by such Act, shall be construed to require the Secretary to issue regulations to implement such Act or amendments other than the regulatory amendments required to conform with this section.
  • 49 U.S.C. § 20157(g)(4)(A)
    Go to provision →
    (A) The Secretary is prohibited from—
    (i) approving or disapproving a revised plan submitted under subsection (a)(1);
    (ii) considering a revised plan under subsection (a)(1) as a request for amendment under section 236.1021 of title 49, Code of Federal Regulations; or
    (iii) requiring the submission, as part of the revised plan under subsection (a)(1), of—
    (I) only a schedule and sequence under subsection (a)(2)(A)(iii)(VII); or
    (II) both a schedule and sequence under subsection (a)(2)(A)(iii)(VII) and an alternative schedule and sequence under subsection (a)(2)(B).
  • 49 U.S.C. § 20157(g)(4)(B)
    Go to provision →
    (B) Except as provided in paragraph (2) and this paragraph, nothing in this subsection shall be construed to limit the Secretary’s authority to assess civil penalties pursuant to subsection (e), consistent with the requirements of this section.
  • 49 U.S.C. § 20157(g)(4)(C)
    Go to provision →
    (C) The Secretary retains the authority to review revised plans submitted under subsection (a)(1) and is authorized to require modifications of those plans to the extent necessary to ensure that such plans include the descriptions under subsection (a)(2)(A)(i), the contents under subsection (a)(2)(A)(ii), and the year or years, totals, and summary under subsection (a)(2)(A)(iii)(I) through (VI).
  • 49 U.S.C. § 20157(h)(1)
    Go to provision →
    (1) The Secretary shall not permit the installation of any positive train control system or component in revenue service unless the Secretary has certified that any such system or component has been approved through the approval process set forth in part 236 of title 49, Code of Federal Regulations, and complies with the requirements of that part.
  • 49 U.S.C. § 20157(h)(2)
    Go to provision →
    (2) Notwithstanding the requirements of paragraph (1), the Secretary may authorize a railroad carrier or other entity to commence operation in revenue service of a positive train control system or component to the extent necessary to enable the safe implementation and operation of a positive train control system in phases.
  • 49 U.S.C. § 20157(i)(4)(A)
    Go to provision →
    (A) the Secretary may, through regulations under subsection (g), designate additional tracks as main line as appropriate for this section; and
  • 49 U.S.C. § 20157(i)(4)(B)
    Go to provision →
    (B) for intercity rail passenger transportation or commuter rail passenger transportation routes or segments over which limited or no freight railroad operations occur, the Secretary shall define the term “main line” by regulation.
  • 49 U.S.C. § 20157(j)(1)
    Go to provision →
    (1) From the date of enactment of the Positive Train Control Enforcement and Implementation Act of 2015 through the 1-year period beginning on the date on which the last Class I railroad carrier’s positive train control system subject to subsection (a) is certified by the Secretary under subsection (h)(1) of this section and is implemented on all of that railroad carrier’s lines required to have operations governed by a positive train control system, any railroad carrier, including any railroad carrier that has its positive train control system certified by the Secretary, shall not be subject to the operational restrictions set forth in sections 236.567 and 236.1029 of title 49, Code of Federal Regulations, that would apply where a controlling locomotive that is operating in, or is to be operated in, a positive train control-equipped track segment experiences a positive train control system failure, a positive train control operated consist is not provided by another railroad carrier when provided in interchange, or a positive train control system otherwise fails to initialize, cuts out, or malfunctions, provided that such carrier operates at an equivalent or greater level of safety than the level achieved immediately prior to the use or implementation of its positive train control system.
  • 49 U.S.C. § 20157(j)(4)
    Go to provision →
    (4) During the period described in paragraph (1), if a positive train control system that has been certified and implemented fails to initialize, cuts out, or malfunctions, the affected railroad carrier or other entity shall submit a notification to the appropriate regional office of the Federal Railroad Administration within 7 days of the system failure, or under alternative location and deadline requirements set by the Secretary, and include in the notification a description of the safety measures the affected railroad carrier or other entity has in place.
  • 49 U.S.C. § 20157(k)
    Go to provision →
    (k) Not later than 120 days after the date of the enactment of this Act,1 the Secretary shall amend section 236.1006(b)(4)(iii)(B) of title 49, Code of Federal Regulations (relating to equipping locomotives for applicable Class II and Class III railroads operating in positive train control territory) to extend each deadline under such section by 3 years.
  • 49 U.S.C. § 20157(l)
    Go to provision →
    (l) When a railroad carrier or other entity subject to (a)(1)2 notifies the Secretary it is prepared to initiate revenue service demonstration, it shall also notify any applicable tenant railroad carrier or other entity subject to subsection (a)(1).
  • 49 U.S.C. § 20157(m)(1)
    Go to provision →
    (1) Each host railroad subject to this section or subpart I of part 236 of title 49, Code of Federal Regulations, shall electronically submit to the Secretary of Transportation a Report of PTC System Performance on Form FRA F 6180.152, which shall be submitted on or before the applicable due date set forth in paragraph (3) and contain the information described in paragraph (2), which shall be separated by the host railroad, each applicable tenant railroad, and each positive train control-governed track segment, consistent with the railroad’s positive train control Implementation Plan described in subsection (a)(1).
  • 49 U.S.C. § 20157(m)(3)(B)
    Go to provision →
    (B) Beginning on the date that is 3 years after the date of enactment of the Passenger Rail Expansion and Rail Safety Act of 2021, the Secretary shall reduce the frequency with which host railroads are required to submit the report described in paragraph (1) to not less frequently than twice per year, unless the Secretary—
    (i) determines that quarterly reporting is in the public interest; and
    (ii) publishes a justification for such determination in the Federal Register.
  • 49 U.S.C. § 20158(a)
    Go to provision →
    (a) The Secretary of Transportation shall establish a grant program for the deployment of train control technologies, train control component technologies, processor-based technologies, electronically controlled pneumatic brakes, rail integrity inspection systems, rail integrity warning systems, switch position indicators and monitors, remote control power switch technologies, track integrity circuit technologies, and other new or novel railroad safety technology.
  • 49 U.S.C. § 20158(b)(3)
    Go to provision →
    (3) Grants may not be awarded under this section to entities that fail to develop and submit to the Secretary the plans required by sections 20156(e)(2) and 20157.
  • 49 U.S.C. § 20158(c)
    Go to provision →
    (c) There are authorized to be appropriated to the Secretary of Transportation $50,000,000 for each of fiscal years 2009 through 2013 to carry out this section. Amounts appropriated pursuant to this section shall remain available until expended.
  • 49 U.S.C. § 20159
    Go to provision →
    Not later than 18 months after the date of enactment of the Rail Safety Improvement Act of 2008, the Secretary of Transportation, after consultation with the Federal Railroad Administration, the Federal Highway Administration, and States, shall develop and make available to States model legislation providing for improving safety by addressing sight obstructions, including vegetation growth, topographic features, structures, and standing railroad equipment, at highway-rail grade crossings that are equipped solely with passive warnings, as recommended by the Inspector General of the Department of Transportation in Report No. MH–2007–044.
  • 49 U.S.C. § 20160(a)(1)
    Go to provision →
    (1) report to the Secretary of Transportation current information, including information about warning devices and signage, as specified by the Secretary, concerning each previously unreported crossing through which it operates with respect to the trackage over which it operates; or
  • 49 U.S.C. § 20160(a)(2)
    Go to provision →
    (2) ensure that the information has been reported to the Secretary by another railroad carrier that operates through the crossing.
  • 49 U.S.C. § 20160(b)(1)
    Go to provision →
    (1) On a periodic basis beginning not later than 2 years after the date of enactment of the Rail Safety Improvement Act of 2008 and on or before September 30 of every year thereafter, or as otherwise specified by the Secretary, each railroad carrier shall—
    (A) report to the Secretary current information, including information about warning devices and signage, as specified by the Secretary, concerning each crossing through which it operates with respect to the trackage over which it operates; or
    (B) ensure that the information has been reported to the Secretary by another railroad carrier that operates through the crossing.
  • 49 U.S.C. § 20160(b)(1)(A)
    Go to provision →
    (A) report to the Secretary current information, including information about warning devices and signage, as specified by the Secretary, concerning each crossing through which it operates with respect to the trackage over which it operates; or
  • 49 U.S.C. § 20160(b)(1)(B)
    Go to provision →
    (B) ensure that the information has been reported to the Secretary by another railroad carrier that operates through the crossing.
  • 49 U.S.C. § 20160(b)(2)
    Go to provision →
    (2) A railroad carrier that sells a crossing or any part of a crossing on or after the date of enactment of the Rail Safety Improvement Act of 2008 shall, not later than the date that is 18 months after the date of enactment of that Act or 3 months after the sale, whichever occurs later, or as otherwise specified by the Secretary, report to the Secretary current information, as specified by the Secretary, concerning the change in ownership of the crossing or part of the crossing.
  • 49 U.S.C. § 20160(c)
    Go to provision →
    (c) The Secretary shall prescribe the regulations necessary to implement this section. The Secretary may enforce each provision of the Department of Transportation’s statement of the national highway-rail crossing inventory policy, procedures, and instruction for States and railroads that is in effect on the date of enactment of the Rail Safety Improvement Act of 2008, until such provision is superseded by a regulation issued under this section.
  • 49 U.S.C. § 20161(b)
    Go to provision →
    (b) It is the policy of the United States to encourage the development of new technology that can prevent loss of life and injuries at highway-rail grade crossings. The Secretary of Transportation is designated to carry out this policy in consultation with States and necessary public and private entities.
  • 49 U.S.C. § 20161(c)
    Go to provision →
    (c) Railroad carriers and railroad suppliers may submit for review and approval to the Secretary such new technology designed to improve safety at highway-rail grade crossings. The Secretary shall approve by order the new technology designed to improve safety at highway-rail grade crossings in accordance with Federal Railroad Administration standards for the development and use of processor-based signal and train control systems and shall consider the effects on safety of highway-user interface with the new technology.
  • 49 U.S.C. § 20161(d)
    Go to provision →
    (d) If the Secretary approves by order new technology to provide warning to highway users at a highway-rail grade crossing and such technology is installed at a highway-rail grade crossing in accordance with the conditions of the approval, this determination preempts any State statute or regulation concerning the adequacy of the technology in providing warning at the crossing.
  • 49 U.S.C. § 20162(a)
    Go to provision →
    (a) The Secretary of Transportation shall, not later than 1 year after the date of enactment of the Rail Safety Improvement Act of 2008, establish—
    (1) minimum training standards for each class and craft of safety-related railroad employee (as defined in section 20102) and equivalent railroad carrier contractor and subcontractor employees, which shall require railroad carriers, contractors, and subcontractors to qualify or otherwise document the proficiency of such employees in each such class and craft regarding their knowledge of, and ability to comply with, Federal railroad safety laws and regulations and railroad carrier rules and procedures promulgated to implement those Federal railroad safety laws and regulations;
    (2) a requirement that railroad carriers, contractors, and subcontractors develop and submit training and qualification plans to the Secretary for approval, including training programs and information deemed necessary by the Secretary to ensure that all safety-related railroad employees receive appropriate training in a timely manner; and
    (3) a minimum training curriculum, and ongoing training criteria, testing, and skills evaluation measures to ensure that safety-related railroad employees, and contractor and subcontractor employees, charged with the inspection of track or railroad equipment are qualified to assess railroad carrier compliance with Federal standards to identify defective conditions and initiate immediate remedial action to correct critical safety defects that are known to contribute to derailments, accidents, incidents, or injuries, and, in implementing the requirements of this paragraph, take into consideration existing training programs of railroad carriers.
  • 49 U.S.C. § 20162(a)(2)
    Go to provision →
    (2) a requirement that railroad carriers, contractors, and subcontractors develop and submit training and qualification plans to the Secretary for approval, including training programs and information deemed necessary by the Secretary to ensure that all safety-related railroad employees receive appropriate training in a timely manner; and
  • 49 U.S.C. § 20162(b)
    Go to provision →
    (b) The Secretary shall review and approve the plans required under subsection (a)(2) utilizing an approval process required for programs to certify the qualification of locomotive engineers pursuant to part 240 of title 49, Code of Federal Regulations.
  • 49 U.S.C. § 20162(c)
    Go to provision →
    (c) The Secretary may exempt railroad carriers and railroad carrier contractors and subcontractors from submitting training plans for which the Secretary has issued training regulations before the date of enactment of the Rail Safety Improvement Act of 2008.
  • 49 U.S.C. § 20163(a)
    Go to provision →
    (a) Not later than 18 months after the date of enactment of the Rail Safety Improvement Act of 2008, the Secretary of Transportation shall prescribe regulations to establish a program requiring the certification of train conductors. In prescribing such regulations, the Secretary shall require that train conductors be trained, in accordance with the training standards developed pursuant to section 20162.
  • 49 U.S.C. § 20163(b)
    Go to provision →
    (b) In developing the regulations required by subsection (a), the Secretary may consider the requirements of section 20135(b) through (e).
  • 49 U.S.C. § 20164(a)
    Go to provision →
    (a) Not later than 1 year after the date of enactment of the Rail Safety Improvement Act of 2008, the Secretary of Transportation shall prescribe standards, guidance, regulations, or orders governing the development, use, and implementation of rail safety technology in dark territory, in arrangements not defined in section 20501 or otherwise not covered by Federal standards, guidance, regulations, or orders that ensure the safe operation of such technology, such as—
    (1) switch position monitoring devices or indicators;
    (2) radio, remote control, or other power-assisted switches;
    (3) hot box, high water, or earthquake detectors;
    (4) remote control locomotive zone limiting devices;
    (5) slide fences;
    (6) grade crossing video monitors;
    (7) track integrity warning systems; or
    (8) other similar rail safety technologies, as determined by the Secretary.
  • 49 U.S.C. § 20164(a)(8)
    Go to provision →
    (8) other similar rail safety technologies, as determined by the Secretary.
  • 49 U.S.C. § 20166
    Go to provision →
    Not later than 18 months after the date of enactment of the Rail Safety Improvement Act of 2008, the Secretary of Transportation shall prescribe regulations that require railroad carriers—
  • 49 U.S.C. § 20168(a)
    Go to provision →
    (a) Not later than 2 years after the date of enactment of the Passenger Rail Reform and Investment Act of 2015, the Secretary of Transportation shall promulgate regulations to require each railroad carrier that provides regularly scheduled intercity rail passenger or commuter rail passenger transportation to the public to install inward- and outward-facing image recording devices in all controlling locomotive cabs and cab car operating compartments in such passenger trains.
  • 49 U.S.C. § 20168(c)
    Go to provision →
    (c) The Secretary shall establish a process to review and approve or disapprove an inward- or outward-facing image recording device for compliance with the standards described in subsection (b).
  • 49 U.S.C. § 20168(d)(4)
    Go to provision →
    (4) Other purposes that the Secretary considers appropriate.
  • 49 U.S.C. § 20168(e)(1)
    Go to provision →
    (1) The Secretary may—
    (A) require in-cab audio recording devices for the purposes described in subsection (d); and
    (B) define in appropriate technical detail the essential features of the devices required under subparagraph (A).
  • 49 U.S.C. § 20168(e)(2)
    Go to provision →
    (2) The Secretary may exempt any railroad carrier subject to the requirements of subsection (a) or any part of the carrier’s operations from the requirements under subsection (a) if the Secretary determines that the carrier has implemented an alternative technology or practice that provides an equivalent or greater safety benefit or that is better suited to the risks of the operation.
  • 49 U.S.C. § 20168(h)
    Go to provision →
    (h) The Secretary may not disclose publicly any part of an in-cab audio or image recording or transcript of oral communications by or among train employees or other operating employees responsible for the movement and direction of the train, or between such operating employees and company communication centers, related to an accident or incident investigated by the Secretary. The Secretary may make public any part of a transcript or any written depiction of visual information that the Secretary determines is relevant to the accident at the time a majority of the other factual reports on the accident or incident are released to the public.
  • 49 U.S.C. § 20169(b)
    Go to provision →
    (b) Not later than 120 days after the date that the survey under subsection (a) is complete, a railroad carrier described in subsection (a) shall submit to the Secretary of Transportation an action plan that—
    (1) identifies each main track location where there is a reduction of more than 20 miles per hour from the approach speed to a curve, bridge, or tunnel and the maximum authorized operating speed for passenger trains at that curve, bridge, or tunnel;
    (2) describes appropriate actions to enable warning and enforcement of the maximum authorized speed for passenger trains at each location identified under paragraph (1), including—
    (A) modification to automatic train control systems, if applicable, or other signal systems;
    (B) increased crew size;
    (C) installation of signage alerting train crews of the maximum authorized speed for passenger trains in each location identified under paragraph (1);
    (D) installation of alerters;
    (E) increased crew communication; and
    (F) other practices;
    (3) contains milestones and target dates for implementing each appropriate action described under paragraph (2); and
    (4) ensures compliance with the maximum authorized speed at each location identified under paragraph (1).
  • 49 U.S.C. § 20169(c)
    Go to provision →
    (c) Not later than 90 days after the date on which an action plan is submitted under subsection (b) or (d)(2), the Secretary shall approve, approve with conditions, or disapprove the action plan.
  • 49 U.S.C. § 20169(d)
    Go to provision →
    (d) Each railroad carrier that submits an action plan to the Secretary pursuant to subsection (b) shall—
    (1) not later than 1 year after the date of enactment of the Passenger Rail Expansion and Rail Safety Act of 2021, and annually thereafter, review such plan to ensure the effectiveness of actions taken to enable warning and enforcement of the maximum authorized speed for passenger trains at each location identified pursuant to subsection (b)(1); and
    (2) not later than 90 days before implementing any significant operational or territorial operating change, including initiating a new service or route, submit to the Secretary a revised action plan, after consultation with any applicable host railroad, that addresses such operational or territorial operating change.
  • 49 U.S.C. § 20169(d)(2)
    Go to provision →
    (2) not later than 90 days before implementing any significant operational or territorial operating change, including initiating a new service or route, submit to the Secretary a revised action plan, after consultation with any applicable host railroad, that addresses such operational or territorial operating change.
  • 49 U.S.C. § 20169(f)
    Go to provision →
    (f) The Secretary may exempt from the requirements under this section each segment of track for which operations are governed by a positive train control system certified under section 20157, or any other safety technology or practice that would achieve an equivalent or greater level of safety in reducing derailment risk.
  • 49 U.S.C. § 20169(h)
    Go to provision →
    (h) Nothing in this section may be construed to prohibit the Secretary from applying the requirements under this section to other segments of track at high risk of overspeed derailment.
  • 49 U.S.C. § 20170(a)
    Go to provision →
    (a) Any railroad providing new, regularly scheduled, intercity or commuter rail passenger transportation, an extension of existing service, or a renewal of service that has been discontinued for more than 180 days shall develop and submit for review a comprehensive pre-revenue service safety validation plan to the Secretary of Transportation not later than 60 days before initiating such revenue service. Such plan shall include pertinent safety milestones and a minimum period of simulated revenue service to ensure operational readiness and that all safety sensitive personnel are properly trained and qualified.
  • 49 U.S.C. § 20170(b)
    Go to provision →
    (b) After submitting a plan pursuant to subsection (a), the railroad shall adopt and comply with such plan and may not amend the plan without first notifying the Secretary of the proposed amendment. Revenue service may not begin until the railroad has completed the requirements of its plan, including the minimum simulated service period required by the plan.
  • 49 U.S.C. § 20170(c)
    Go to provision →
    (c) The Secretary shall promulgate regulations to carry out this section, including—
    (1) requiring that any identified safety deficiencies be addressed and corrected before the initiation of revenue service; and
    (2) establishing appropriate deadlines to enable the Secretary to review and approve the pre-revenue service safety validation plan to ensure that service is not unduly delayed.
  • 49 U.S.C. § 20170(c)(2)
    Go to provision →
    (2) establishing appropriate deadlines to enable the Secretary to review and approve the pre-revenue service safety validation plan to ensure that service is not unduly delayed.
  • 49 U.S.C. § 20171(c)(1)
    Go to provision →
    (1) Not later than 2 years after the date of enactment of the Passenger Rail Expansion and Rail Safety Act of 2021, the Secretary of Transportation shall issue such regulations as are necessary to carry out this section, including for the monitoring and sensitive technology requirements of this section.
  • 49 U.S.C. § 20171(c)(2)
    Go to provision →
    (2) To be eligible to provide a railroad freight car for operation on the United States general railroad system of transportation, the manufacturer of such car shall annually certify to the Secretary of Transportation that any railroad freight cars to be so provided meet the requirements under this section.
  • 49 U.S.C. § 20171(c)(4)(A)
    Go to provision →
    (A) Pursuant to section 21301, the Secretary of Transportation may assess a civil penalty of not less than $100,000, but not more than $250,000, for each violation of this section for each railroad freight car.
  • 49 U.S.C. § 20171(c)(4)(B)
    Go to provision →
    (B) The Secretary of Transportation may prohibit a railroad freight car manufacturer with respect to which the Secretary has assessed more than 3 violations under subparagraph (A) from providing additional railroad freight cars for operation on the United States general railroad system of transportation until the Secretary determines—
    (i) such manufacturer is in compliance with this section; and
    (ii) all civil penalties assessed to such manufacturer pursuant to subparagraph (A) have been paid in full.
  • 49 U.S.C. § 20302(a)(1)(C)
    Go to provision →
    (C) secure ladders and running boards when required by the Secretary of Transportation, and, if ladders are required, secure handholds or grab irons on its roof at the top of each ladder;
  • 49 U.S.C. § 20302(a)(2)
    Go to provision →
    (2) except as otherwise ordered by the Secretary, a vehicle only if it is equipped with secure grab irons or handholds on its ends and sides for greater security to individuals in coupling and uncoupling vehicles;
  • 49 U.S.C. § 20302(a)(3)
    Go to provision →
    (3) a vehicle only if it complies with the standard height of drawbars required by regulations prescribed by the Secretary;
  • 49 U.S.C. § 20302(d)
    Go to provision →
    (d) The Secretary may—
    (1) change the number, dimensions, locations, and manner of application prescribed by the Secretary for safety appliances required by subsection (a)(1)(B) and (C) and (2) of this section only for good cause and after providing an opportunity for a full hearing;
    (2) amend regulations for installing, inspecting, maintaining, and repairing power and train brakes only for the purpose of achieving safety; and
    (3) increase, after an opportunity for a full hearing, the minimum percentage of vehicles in a train that are required by subsection (a)(5)(B) of this section to be equipped and used with power or train brakes.
  • 49 U.S.C. § 20302(d)(1)
    Go to provision →
    (1) change the number, dimensions, locations, and manner of application prescribed by the Secretary for safety appliances required by subsection (a)(1)(B) and (C) and (2) of this section only for good cause and after providing an opportunity for a full hearing;
  • 49 U.S.C. § 20302(e)
    Go to provision →
    (e) In carrying out subsection (d)(2) and (3) of this section, the Secretary may use the services of the Association of American Railroads.
  • 49 U.S.C. § 20305
    Go to provision →
    The Secretary of Transportation shall inspect the construction, adaptability, design, and condition of mail cars used on railroads in the United States. The Secretary shall make a report on the inspection and submit a copy of the report to the United States Postal Service.
  • 49 U.S.C. § 20306(a)
    Go to provision →
    (a) Subject to subsection (b) of this section, the Secretary of Transportation may exempt from the requirements of this chapter railroad equipment or equipment that will be operated on rails, when those requirements preclude the development or implementation of more efficient railroad transportation equipment or other transportation innovations under existing law.
  • 49 U.S.C. § 20306(b)
    Go to provision →
    (b) The Secretary may grant an exemption under subsection (a) of this section only on the basis of—
    (1) findings based on evidence developed at a hearing; or
    (2) an agreement between national railroad labor representatives and the developer of the new equipment or technology.
  • 49 U.S.C. § 20502(a)(1)
    Go to provision →
    (1) When the Secretary of Transportation decides after an investigation that it is necessary in the public interest, the Secretary may order a railroad carrier to install, on any part of its railroad line, a signal system that complies with requirements of the Secretary. The order must allow the carrier a reasonable time to complete the installation. A carrier may discontinue or materially alter a signal system required under this paragraph only with the approval of the Secretary.
  • 49 U.S.C. § 20503
    Go to provision →
    The Secretary of Transportation may amend a regulation or change a requirement applicable to a railroad carrier for installing, maintaining, inspecting, or repairing a signal system under this chapter—
  • 49 U.S.C. § 20503(1)
    Go to provision →
    (1) when the carrier files with the Secretary a request for the amendment or change and the Secretary approves the request; or
  • 49 U.S.C. § 20503(2)
    Go to provision →
    (2) on the Secretary’s own initiative for good cause shown.
  • 49 U.S.C. § 20504(a)(1)
    Go to provision →
    (1) The Secretary of Transportation may—
    (A) inspect and test a signal system used by a railroad carrier; and
    (B) decide whether the system is in safe operating condition.
  • 49 U.S.C. § 20504(a)(2)
    Go to provision →
    (2) In carrying out this subsection, the Secretary may employ only an individual who—
    (A) has no interest in a patented article required to be used on or with a signal system; and
    (B) has no financial interest in a railroad carrier or in a concern dealing in railroad supplies.
  • 49 U.S.C. § 20504(b)
    Go to provision →
    (b) The Secretary may investigate, test, and report on the use of and need for a signal system, without cost to the United States Government, when the system is submitted in completed shape for investigation and testing.
  • 49 U.S.C. § 20505
    Go to provision →
    In the way and to the extent required by the Secretary of Transportation, a railroad carrier shall report to the Secretary a failure of a signal system to function as intended. If the failure results in an accident or incident causing injury to an individual or property that is required to be reported under regulations prescribed by the Secretary, the carrier owning or maintaining the signal system shall report to the Secretary immediately in writing the fact of the accident or incident.
  • 49 U.S.C. § 20701(2)
    Go to provision →
    (2) have been inspected as required under this chapter and regulations prescribed by the Secretary of Transportation under this chapter; and
  • 49 U.S.C. § 20701(3)
    Go to provision →
    (3) can withstand every test prescribed by the Secretary under this chapter.
  • 49 U.S.C. § 20702(a)
    Go to provision →
    (a) The Secretary of Transportation shall—
    (1) become familiar, so far as practicable, with the condition of every locomotive and tender and its parts and appurtenances;
    (2) inspect every locomotive and tender and its parts and appurtenances as necessary to carry out this chapter, but not necessarily at stated times or at regular intervals; and
    (3) ensure that every railroad carrier makes inspections of locomotives and tenders and their parts and appurtenances as required by regulations prescribed by the Secretary and repairs every defect that is disclosed by an inspection before a defective locomotive, tender, part, or appurtenance is used again.
  • 49 U.S.C. § 20702(a)(3)
    Go to provision →
    (3) ensure that every railroad carrier makes inspections of locomotives and tenders and their parts and appurtenances as required by regulations prescribed by the Secretary and repairs every defect that is disclosed by an inspection before a defective locomotive, tender, part, or appurtenance is used again.
  • 49 U.S.C. § 20702(b)(1)
    Go to provision →
    (1) When the Secretary finds that a locomotive, tender, or locomotive or tender part or appurtenance owned or operated by a railroad carrier does not comply with this chapter or a regulation prescribed under this chapter, the Secretary shall give the carrier written notice describing any defect resulting in noncompliance. Not later than 5 days after receiving the notice of noncompliance, the carrier may submit a written request for a reinspection. On receiving the request, the Secretary shall provide for the reinspection by an officer or employee of the Department of Transportation who did not make the original inspection. The reinspection shall be made not later than 15 days after the date the Secretary gives the notice of noncompliance.
  • 49 U.S.C. § 20702(b)(2)
    Go to provision →
    (2) Immediately after the reinspection is completed, the Secretary shall give written notice to the railroad carrier stating whether the locomotive, tender, part, or appurtenance is in compliance. If the original finding of noncompliance is sustained, the carrier has 30 days after receipt of the notice to file an appeal with the Secretary. If the carrier files an appeal, the Secretary, after providing an opportunity for a proceeding, may revise or set aside the finding of noncompliance.
  • 49 U.S.C. § 20702(c)
    Go to provision →
    (c) A railroad carrier shall make and keep, in the way the Secretary prescribes by regulation, a report of every—
    (1) inspection made under regulations prescribed by the Secretary; and
    (2) repair made of a defect disclosed by such an inspection.
  • 49 U.S.C. § 20702(c)(1)
    Go to provision →
    (1) inspection made under regulations prescribed by the Secretary; and
  • 49 U.S.C. § 20702(d)
    Go to provision →
    (d) A railroad carrier may change a rule or instruction of the carrier governing the inspection by the carrier of the locomotives and tenders and locomotive and tender parts and appurtenances of the carrier when the Secretary approves a request filed by the carrier to make the change.
  • 49 U.S.C. § 20703(a)(1)
    Go to provision →
    (1) immediately shall file with the Secretary of Transportation a written statement of the fact of the accident or incident; and
  • 49 U.S.C. § 20703(b)
    Go to provision →
    (b) The Secretary shall—
    (1) investigate each accident and incident reported under subsection (a) of this section;
    (2) inspect each part affected by the accident or incident; and
    (3) make a complete and detailed report on the cause of the accident or incident.
  • 49 U.S.C. § 20703(c)
    Go to provision →
    (c) When the Secretary considers publication to be in the public interest, the Secretary may publish a report of an investigation made under this section, stating the cause of the accident or incident and making appropriate recommendations. No part of a report may be admitted into evidence or used in a civil action for damages resulting from a matter mentioned in the report.
  • 49 U.S.C. § 20901(a)
    Go to provision →
    (a) Not later than 30 days after the end of each month, a railroad carrier shall file a report with the Secretary of Transportation on all accidents and incidents resulting in injury or death to an individual or damage to equipment or a roadbed arising from the carrier’s operations during the month. The report shall be under oath and shall state the nature, cause, and circumstances of each reported accident or incident. If a railroad carrier assigns human error as a cause, the report shall include, at the option of each employee whose error is alleged, a statement by the employee explaining any factors the employee alleges contributed to the accident or incident.
  • 49 U.S.C. § 20901(b)(1)
    Go to provision →
    (1) In establishing or changing a monetary threshold for the reporting of a railroad accident or incident, the Secretary shall base damage cost calculations only on publicly available information obtained from—
    (A) the Bureau of Labor Statistics; or
    (B) another department, agency, or instrumentality of the United States Government if the information has been collected through objective, statistically sound survey methods or has been previously subject to a public notice and comment process in a proceeding of a Government department, agency, or instrumentality.
  • 49 U.S.C. § 20901(b)(2)
    Go to provision →
    (2) If information is not available as provided in paragraph (1)(A) or (B) of this subsection, the Secretary may use any other source to obtain the information. However, use of the information shall be subject to public notice and an opportunity for written comment.
  • 49 U.S.C. § 20902(a)
    Go to provision →
    (a) The Secretary of Transportation, or an impartial investigator authorized by the Secretary, may investigate—
    (1) an accident or incident resulting in serious injury to an individual or to railroad property, occurring on the railroad line of a railroad carrier; and
    (2) an accident or incident reported under section 20505 of this title.
  • 49 U.S.C. § 20902(b)
    Go to provision →
    (b) In carrying out an investigation, the Secretary or authorized investigator may subpoena witnesses, require the production of records, exhibits, and other evidence, administer oaths, and take testimony. If the accident or incident is investigated by a commission of the State in which it occurred, the Secretary, if convenient, shall carry out the investigation at the same time as, and in coordination with, the commission’s investigation. The railroad carrier on whose railroad line the accident or incident occurred shall provide reasonable facilities to the Secretary for the investigation.
  • 49 U.S.C. § 20902(c)
    Go to provision →
    (c) When in the public interest, the Secretary shall make a report of the investigation, stating the cause of the accident or incident and making recommendations the Secretary considers appropriate. The Secretary shall publish the report in a way the Secretary considers appropriate.
  • 49 U.S.C. § 20902(d)(1)
    Go to provision →
    (1) The Secretary shall create a standard process for investigators to use during accident and incident investigations conducted under this section for determining when it is appropriate and the appropriate method for—
    (A) gathering information about an accident or incident under investigation from railroad carriers, contractors or employees of railroad carriers or representatives of employees of railroad carriers, and others, as determined relevant by the Secretary; and
    (B) consulting with railroad carriers, contractors or employees of railroad carriers or representatives of employees of railroad carriers, and others, as determined relevant by the Secretary, for technical expertise on the facts of the accident or incident under investigation.
  • 49 U.S.C. § 20902(d)(1)(A)
    Go to provision →
    (A) gathering information about an accident or incident under investigation from railroad carriers, contractors or employees of railroad carriers or representatives of employees of railroad carriers, and others, as determined relevant by the Secretary; and
  • 49 U.S.C. § 20902(d)(1)(B)
    Go to provision →
    (B) consulting with railroad carriers, contractors or employees of railroad carriers or representatives of employees of railroad carriers, and others, as determined relevant by the Secretary, for technical expertise on the facts of the accident or incident under investigation.
  • 49 U.S.C. § 20902(d)(2)
    Go to provision →
    (2) In developing the process required under paragraph (1), the Secretary shall factor in ways to maintain the confidentiality of any entity identified under paragraph (1) if—
    (A) such entity requests confidentiality;
    (B) such entity was not involved in the accident or incident; and
    (C) maintaining such entity’s confidentiality does not adversely affect an investigation of the Federal Railroad Administration.
  • 49 U.S.C. § 20903
    Go to provision →
    No part of an accident or incident report filed by a railroad carrier under section 20901 of this title or made by the Secretary of Transportation under section 20902 of this title may be used in a civil action for damages resulting from a matter mentioned in the report.
  • 49 U.S.C. § 21102(b)
    Go to provision →
    (b) The Secretary of Transportation may exempt a railroad carrier having not more than 15 employees covered by this chapter from the limitations imposed by this chapter. The Secretary may allow the exemption after a full hearing, for good cause shown, and on deciding that the exemption is in the public interest and will not affect safety adversely. The exemption shall be for a specific period of time and is subject to review at least annually. The exemption may not authorize a carrier to require or allow its employees to be on duty more than a total of 16 hours in a 24-hour period.
  • 49 U.S.C. § 21102(c)(1)(A)
    Go to provision →
    (A) the effective date of regulations prescribed by the Secretary under section 21109(b) of this chapter; or
  • 49 U.S.C. § 21102(c)(3)
    Go to provision →
    (3) After the effective date of the regulations prescribed by the Secretary under section 21109(b) of this title, such carriers shall—
    (A) comply with the limitations on duty hours for train employees with respect to the provision of commuter rail passenger transportation or intercity rail passenger transportation as prescribed by such regulations; and
    (B) be exempt from complying with the provisions of old section 21103 and new section 21103 for such employees.
  • 49 U.S.C. § 21103(a)
    Go to provision →
    (a) Except as provided in subsection (d) of this section, a railroad carrier and its officers and agents may not require or allow a train employee to—
    (1) remain on duty, go on duty, wait for deadhead transportation, be in deadhead transportation from a duty assignment to the place of final release, or be in any other mandatory service for the carrier in any calendar month where the employee has spent a total of 276 hours—
    (A) on duty;
    (B) waiting for deadhead transportation, or in deadhead transportation from a duty assignment to the place of final release; or
    (C) in any other mandatory service for the carrier;
    (2) remain or go on duty for a period in excess of 12 consecutive hours;
    (3) remain or go on duty unless that employee has had at least 10 consecutive hours off duty during the prior 24 hours; or
    (4) remain or go on duty after that employee has initiated an on-duty period each day for—
    (A) 6 consecutive days, unless that employee has had at least 48 consecutive hours off duty at the employee’s home terminal during which time the employee is unavailable for any service for any railroad carrier except that—
    (i) an employee may work a seventh consecutive day if that employee completed his or her final period of on-duty time on his or her sixth consecutive day at a terminal other than his or her home terminal; and
    (ii) any employee who works a seventh consecutive day pursuant to subparagraph (i) shall have at least 72 consecutive hours off duty at the employee’s home terminal during which time the employee is unavailable for any service for any railroad carrier; or
    (B) except as provided in subparagraph (A), 7 consecutive days, unless that employee has had at least 72 consecutive hours off duty at the employee’s home terminal during which time the employee is unavailable for any service for any railroad carrier, if—
    (i) for a period of 18 months following the date of enactment of the Rail Safety Improvement Act of 2008, an existing collective bargaining agreement expressly provides for such a schedule or, following the expiration of 18 months after the date of enactment of the Rail Safety Improvement Act of 2008, collective bargaining agreements entered into during such period expressly provide for such a schedule;
    (ii) such a schedule is provided for by a pilot program authorized by a collective bargaining agreement; or
    (iii) such a schedule is provided for by a pilot program under section 21108 of this chapter related to employees’ work and rest cycles.
    The Secretary may waive paragraph (4), consistent with the procedural requirements of section 20103, if a collective bargaining agreement provides a different arrangement and such an arrangement is in the public interest and consistent with railroad safety.
  • 49 U.S.C. § 21103(c)(1)(B)
    Go to provision →
    (B) to exceed a total of 30 hours per calendar month spent—
    (i) waiting for deadhead transportation; or
    (ii) in deadhead transportation from a duty assignment to the place of final release,
    following a period of 12 consecutive hours on duty that is neither time on duty nor time off duty, not including interim rest periods, during the period beginning one year after the date of enactment of the Rail Safety Improvement Act of 2008 except that the Secretary may further limit the monthly limitation pursuant to regulations prescribed under section 21109.
  • 49 U.S.C. § 21103(c)(3)
    Go to provision →
    (3) Each railroad carrier shall report to the Secretary, in accordance with procedures established by the Secretary, each instance where an employee subject to this section spends time waiting for deadhead transportation or in deadhead transportation from a duty assignment to the place of final release in excess of the requirements of paragraph (1).
  • 49 U.S.C. § 21103(e)
    Go to provision →
    (e) During a train employee’s minimum off-duty period of 10 consecutive hours, as provided under subsection (a) or during an interim period of at least 4 consecutive hours available for rest under subsection (b)(7) or during additional off-duty hours under subsection (c)(4), a railroad carrier, and its officers and agents, shall not communicate with the train employee by telephone, by pager, or in any other manner that could reasonably be expected to disrupt the employee’s rest. Nothing in this subsection shall prohibit communication necessary to notify an employee of an emergency situation, as defined by the Secretary. The Secretary may waive the requirements of this paragraph for commuter or intercity passenger railroads if the Secretary determines that such a waiver will not reduce safety and is necessary to maintain such railroads’ efficient operations and on-time performance of its trains.
  • 49 U.S.C. § 21104(d)
    Go to provision →
    (d) During a signal employee’s minimum off-duty period of 10 consecutive hours, as provided under subsection (a), a railroad carrier or a contractor or subcontractor to a railroad carrier, and its officers and agents, shall not communicate with the signal employee by telephone, by pager, or in any other manner that could reasonably be expected to disrupt the employee’s rest. Nothing in this subsection shall prohibit communication necessary to notify an employee of an emergency situation, as defined by the Secretary.
  • 49 U.S.C. § 21106(a)(2)
    Go to provision →
    (2) may not begin, after July 7, 1976, construction or reconstruction of sleeping quarters referred to in clause (1) of this section in an area or in the immediate vicinity of an area, as determined under regulations prescribed by the Secretary of Transportation, in which railroad switching or humping operations are performed.
  • 49 U.S.C. § 21106(c)
    Go to provision →
    (c) Not later than April 1, 2010, the Secretary of Transportation, in coordination with the Secretary of Labor, shall prescribe regulations to implement subsection (a)(1) to protect the safety and health of any employees and individuals employed to maintain the right of way of a railroad carrier that uses camp cars, which shall require that all camp cars comply with those regulations by December 31, 2010. In prescribing the regulations, the Secretary shall assess the action taken by any railroad carrier to fully retrofit or replace its camp cars pursuant to this section.
  • 49 U.S.C. § 21106(d)
    Go to provision →
    (d) The Secretary shall determine whether a railroad carrier has fully retrofitted or replaced a camp car pursuant to subsection (b) and shall prohibit the use of any non-compliant camp car. The Secretary may assess civil penalties pursuant to chapter 213 for violations of this section.
  • 49 U.S.C. § 21108(a)
    Go to provision →
    (a) As of the date of enactment of the Rail Safety Improvement Act of 2008, a railroad carrier or railroad carriers and all nonprofit employee labor organizations representing any class or craft of directly affected covered service employees of the railroad carrier or railroad carriers, may jointly petition the Secretary of Transportation for approval of—
    (1) a waiver of compliance with this chapter as in effect on the date of enactment of the Rail Safety Improvement Act of 2008; or
    (2) a waiver of compliance with this chapter as it will be effective 9 months after the enactment of the Rail Safety Improvement Act of 2008,
    to enable the establishment of one or more pilot projects to demonstrate the possible benefits of implementing alternatives to the strict application of the requirements of this chapter, including requirements concerning maximum on-duty and minimum off-duty periods.
  • 49 U.S.C. § 21108(b)
    Go to provision →
    (b) The Secretary may, after notice and opportunity for comment, approve such waivers described in subsection (a) for a period not to exceed two years, if the Secretary determines that such a waiver of compliance is in the public interest and is consistent with railroad safety.
  • 49 U.S.C. § 21108(d)
    Go to provision →
    (d) The Secretary of Transportation shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives, no later than December 31, 2012, or, if no projects are completed prior to December 31, 2012, no later than 6 months after the completion of a pilot project, a report that—
    (1) explains and analyzes the effectiveness of any pilot project established pursuant to a waiver granted under subsection (a);
    (2) describes the status of all other waivers granted under subsection (a) and their related pilot projects, if any; and
    (3) recommends any appropriate legislative changes to this chapter.
  • 49 U.S.C. § 21109(a)
    Go to provision →
    (a) In order to improve safety and reduce employee fatigue, the Secretary may prescribe regulations—
    (1) to reduce the maximum hours an employee may be required or allowed to go or remain on duty to a level less than the level established under this chapter;
    (2) to increase the minimum hours an employee may be required or allowed to rest to a level greater than the level established under this chapter;
    (3) to limit or eliminate the amount of time an employee spends waiting for deadhead transportation or in deadhead transportation from a duty assignment to the place of final release that is considered neither on duty nor off duty under this chapter;
    (4) for signal employees—
    (A) to limit or eliminate the amount of time that is considered to be neither on duty nor off duty under this chapter that an employee spends returning from an outlying worksite after scheduled duty hours or returning from a trouble call to the employee’s headquarters or directly to the employee’s residence; and
    (B) to increase the amount of time that constitutes a release period, that does not break the continuity of service and is considered time off duty; and
    (5) to require other changes to railroad operating and scheduling practices, including unscheduled duty calls, that could affect employee fatigue and railroad safety.
  • 49 U.S.C. § 21109(b)
    Go to provision →
    (b) Within 3 years after the date of enactment of the Rail Safety Improvement Act of 2008, the Secretary shall prescribe regulations and issue orders to establish hours of service requirements for train employees engaged in commuter rail passenger transportation and intercity rail passenger transportation (as defined in section 24102 of this title) that may differ from the requirements of this chapter. Such regulations and orders may address railroad operating and scheduling practices, including unscheduled duty calls, communications during time off duty, and time spent waiting for deadhead transportation or in deadhead transportation from a duty assignment to the place of final release, that could affect employee fatigue and railroad safety.
  • 49 U.S.C. § 21109(c)
    Go to provision →
    (c) In issuing regulations under subsection (a) the Secretary shall consider scientific and medical research related to fatigue and fatigue abatement, railroad scheduling and operating practices that improve safety or reduce employee fatigue, a railroad’s use of new or novel technology intended to reduce or eliminate human error, the variations in freight and passenger railroad scheduling practices and operating conditions, the variations in duties and operating conditions for employees subject to this chapter, a railroad’s required or voluntary use of fatigue management plans covering employees subject to this chapter, and any other relevant factors.
  • 49 U.S.C. § 21109(d)(1)
    Go to provision →
    (1) If the Secretary determines that regulations are necessary under subsection (a), the Secretary shall first request that the Railroad Safety Advisory Committee develop proposed regulations and, if the Committee accepts the task, provide the Committee with a reasonable time period in which to complete the task.
  • 49 U.S.C. § 21109(d)(2)
    Go to provision →
    (2) If the Secretary requests that the Railroad Safety Advisory Committee accept the task of developing regulations under subsection (b) and the Committee accepts the task, the Committee shall reach consensus on the rulemaking within 18 months after accepting the task. If the Committee does not reach consensus within 18 months after the Secretary makes the request, the Secretary shall prescribe appropriate regulations within 18 months.
  • 49 U.S.C. § 21109(d)(3)
    Go to provision →
    (3) If the Secretary does not request that the Railroad Safety Advisory Committee accept the task of developing regulations under subsection (b), the Secretary shall prescribe regulations within 3 years after the date of enactment of the Rail Safety Improvement Act of 2008.
  • 49 U.S.C. § 21109(e)(1)
    Go to provision →
    (1) Not later than 2 years after the date of enactment of the Rail Safety Improvement Act of 2008, the Secretary shall conduct at least 2 pilot projects of sufficient size and scope to analyze specific practices which may be used to reduce fatigue for train and engine and other railroad employees as follows:
    (A) A pilot project at a railroad or railroad facility to evaluate the efficacy of communicating to employees notice of their assigned shift time 10 hours prior to the beginning of their assigned shift as a method for reducing employee fatigue.
    (B) A pilot project at a railroad or railroad facility to evaluate the efficacy of requiring railroads who use employee scheduling practices that subject employees to periods of unscheduled duty calls to assign employees to defined or specific unscheduled call shifts that are followed by shifts not subject to call, as a method for reducing employee fatigue.
  • 49 U.S.C. § 21109(e)(2)
    Go to provision →
    (2) The Secretary may temporarily waive the requirements of this section, if necessary, to complete a pilot project under this subsection.
  • 49 U.S.C. § 21301(a)(1)
    Go to provision →
    (1) A person may not fail to comply with section 20160 or with a regulation prescribed or order issued by the Secretary of Transportation under chapter 201 of this title. Subject to section 21304 of this title, a person violating section 20160 of this title or a regulation prescribed or order issued by the Secretary under chapter 201 is liable to the United States Government for a civil penalty. The Secretary shall impose the penalty applicable under paragraph (2) of this subsection. A separate violation occurs for each day the violation continues.
  • 49 U.S.C. § 21301(a)(2)
    Go to provision →
    (2) The Secretary shall include in, or make applicable to, each regulation prescribed and order issued under chapter 201 of this title a civil penalty for a violation. The Secretary shall impose a civil penalty for a violation of section 20160 of this title. The amount of the penalty shall be at least $500 but not more than $25,000. However, when a grossly negligent violation or a pattern of repeated violations has caused an imminent hazard of death or injury to individuals, or has caused death or injury, the amount may be not more than $100,000.
  • 49 U.S.C. § 21301(a)(3)
    Go to provision →
    (3) The Secretary may find that a person has violated this chapter or a regulation prescribed or order, special permit, or approval issued under this chapter only after notice and an opportunity for a hearing. The Secretary shall impose a penalty under this section by giving the person written notice of the amount of the penalty. The Secretary may compromise the amount of a civil penalty by settlement agreement without issuance of an order. In determining the amount of a compromise, the Secretary shall consider—
    (A) the nature, circumstances, extent, and gravity of the violation;
    (B) with respect to the violator, the degree of culpability, any history of violations, the ability to pay, and any effect on the ability to continue to do business; and
    (C) other matters that justice requires.
  • 49 U.S.C. § 21302(a)(2)
    Go to provision →
    (2) The Secretary of Transportation imposes a civil penalty under this subsection. The amount of the penalty shall be at least $500 but not more than $25,000. However, when a grossly negligent violation or a pattern of repeated violations has caused an imminent hazard of death or injury to individuals, or has caused death or injury, the amount may be not more than $100,000.
  • 49 U.S.C. § 21302(a)(3)
    Go to provision →
    (3) The Secretary may compromise the amount of the civil penalty under section 3711 of title 31. In determining the amount of a compromise, the Secretary shall consider—
    (A) the nature, circumstances, extent, and gravity of the violation;
    (B) with respect to the violator, the degree of culpability, any history of violations, the ability to pay, and any effect on the ability to continue to do business; and
    (C) other matters that justice requires.
  • 49 U.S.C. § 21302(a)(4)
    Go to provision →
    (4) If the Secretary does not compromise the amount of the civil penalty, the Secretary shall refer the matter to the Attorney General for collection.
  • 49 U.S.C. § 21303(a)(2)
    Go to provision →
    (2) The Secretary of Transportation imposes a civil penalty under this subsection. The amount of the penalty shall be at least $500 but not more than $25,000. However, when a grossly negligent violation or a pattern of repeated violations has caused an imminent hazard of death or injury to individuals, or has caused death or injury, the amount may be not more than $100,000.
  • 49 U.S.C. § 21303(a)(3)
    Go to provision →
    (3) The Secretary may compromise the amount of the civil penalty under section 3711 of title 31. In determining the amount of a compromise, the Secretary shall consider—
    (A) the nature, circumstances, extent, and gravity of the violation;
    (B) with respect to the violator, the degree of culpability, any history of violations, the ability to pay, and any effect on the ability to continue to do business; and
    (C) other matters that justice requires.
  • 49 U.S.C. § 21303(a)(4)
    Go to provision →
    (4) If the Secretary does not compromise the amount of the civil penalty, the Secretary shall refer the matter to the Attorney General for collection.
  • 49 U.S.C. § 21311(a)(5)
    Go to provision →
    (5) files a false record or report with the Secretary of Transportation.
  • 49 U.S.C. § 22101(a)
    Go to provision →
    (a) The Secretary of Transportation shall provide financial assistance to a State, as provided under this chapter, for a rail freight assistance project of the State when a rail carrier subject to part A of subtitle IV of this title maintains a rail line in the State. The assistance is for the cost of—
    (1) acquiring, in any way the State considers appropriate, an interest in a rail line or rail property to maintain existing, or to provide future, rail freight transportation, but only if the Surface Transportation Board has authorized, or exempted from the requirements of that authorization, the abandonment of, or the discontinuance of rail transportation on, the rail line related to the project;
    (2) improving and rehabilitating rail property on a rail line to the extent necessary to allow adequate and efficient rail freight transportation on the line, but only if the rail carrier certifies that the rail line related to the project carried not more than 5,000,000 gross ton-miles of freight a mile in the prior year; and
    (3) building rail or rail-related facilities (including new connections between at least 2 existing rail lines, intermodal freight terminals, sidings, bridges, and relocation of existing lines) to improve the quality and efficiency of the rail freight transportation, but only if the rail carrier certifies that the rail line related to the project carried not more than 5,000,000 gross ton-miles of freight a mile in the prior year.
  • 49 U.S.C. § 22101(b)
    Go to provision →
    (b) The Secretary shall establish a methodology for calculating the ratio of benefits to costs of projects proposed under this chapter. In establishing the methodology, the Secretary shall consider the need for equitable treatment of different regions of the United States and different commodities transported by rail. The establishment of the methodology is committed to the discretion of the Secretary.
  • 49 U.S.C. § 22101(c)(2)
    Go to provision →
    (2) If the rail carrier that provided the transportation on the rail line is no longer in existence, the applicant for the project shall provide the information required by the certification under paragraph (1)(A) of this subsection in the way the Secretary prescribes.
  • 49 U.S.C. § 22101(c)(3)
    Go to provision →
    (3) The Secretary may waive the requirement of paragraph (1)(A) or (2) of this subsection if the Secretary—
    (A) decides that the rail line has contractual guarantees of at least 40 carloads a mile for each of the first 2 years of operation of the proposed project; and
    (B) finds that there is a reasonable expectation that the contractual guarantees will be fulfilled.
  • 49 U.S.C. § 22102
    Go to provision →
    A State is eligible to receive financial assistance under this chapter only when the State complies with regulations the Secretary of Transportation prescribes under this chapter and the Secretary decides that—
  • 49 U.S.C. § 22103(a)
    Go to provision →
    (a) A State must file an application with the Secretary of Transportation for financial assistance for a project described under section 22101(a) of this title not later than January 1 of the fiscal year for which amounts have been appropriated. However, for a fiscal year for which the authorization of appropriations for assistance under this chapter has not been enacted by the first day of the fiscal year, the State must file the application not later than 90 days after the date of enactment of a law authorizing the appropriations for that fiscal year. The Secretary shall prescribe the form of the application.
  • 49 U.S.C. § 22103(b)
    Go to provision →
    (b) In considering an application under this subsection, the Secretary shall consider the following:
    (1) the percentage of rail lines that rail carriers have identified to the Surface Transportation Board for abandonment or potential abandonment in the State.
    (2) the likelihood of future abandonments in the State.
    (3) the ratio of benefits to costs for a proposed project calculated using the methodology established under section 22101(b) of this title.
    (4) the likelihood that the rail line will continue operating with assistance.
    (5) the impact of rail bankruptcies, rail restructuring, and rail mergers on the State.
  • 49 U.S.C. § 22104(b)
    Go to provision →
    (b) Each State must apply for amounts under this section not later than the first day of the fiscal year for which the amounts are available. However, for any fiscal year for which the authorization of appropriations for financial assistance under this chapter has not been enacted by the first day of the fiscal year, the State must apply for amounts under this section not later than 60 days after the date of enactment of a law authorizing the appropriations for that fiscal year. Not later than 60 days after receiving an application, the Secretary of Transportation shall consider the application and notify the State of the approval or disapproval of the application.
  • 49 U.S.C. § 22104(c)
    Go to provision →
    (c) Amounts provided under this section remain available to a State for obligation for the first 3 months after the end of the fiscal year for which the amounts were made available. Amounts not applied for under this section or that remain unobligated after the first 3 months after the end of the fiscal year for which the amounts were made available are available to the Secretary for projects meeting the requirements of this chapter.
  • 49 U.S.C. § 22107(a)
    Go to provision →
    (a) Each recipient of financial assistance through an arrangement under this chapter shall keep records required by the Secretary of Transportation. The records shall be kept for 3 years after a project is completed and shall disclose—
    (1) the amount of, and disposition by the recipient, of the assistance;
    (2) the total costs of the project for which the assistance was given or used;
    (3) the amount of that part of the costs of the project paid by other sources; and
    (4) any other records that will make an effective audit easier.
  • 49 U.S.C. § 22107(b)
    Go to provision →
    (b) The Secretary shall make regular financial and performance audits, as provided under chapter 75 of title 31, of activities and transactions assisted under this chapter.
  • 49 U.S.C. § 22107(c)
    Go to provision →
    (c) The Surface Transportation Board shall provide the Secretary with information the Secretary requests to assist in carrying out this chapter. The Board shall provide the information not later than 30 days after receiving a request from the Secretary.
  • 49 U.S.C. § 22107(d)
    Go to provision →
    (d) Not later than August 1 of each year, each rail carrier subject to part A of subtitle IV of this title shall submit to the Secretary a list of the rail lines of the carrier that carried not more than 5,000,000 gross ton-miles of freight a mile in the prior year.
  • 49 U.S.C. § 22301(a)(1)
    Go to provision →
    (1) The Secretary of Transportation shall establish a program for making capital grants to class II and class III railroads. Such grants shall be for projects in the public interest that—
    (i) rehabilitate, preserve, or improve railroad track (including roadbed, bridges, and related track structures) used primarily for freight transportation;
    (ii) facilitate the continued or greater use of railroad transportation for freight shipments; and
    (iii) reduce the use of less fuel efficient modes of transportation in the transportation of such shipments; or
    (B) demonstrate innovative technologies and advanced research and development that increase fuel economy, reduce greenhouse gas emissions, and lower the costs of operation.
  • 49 U.S.C. § 22301(a)(4)
    Go to provision →
    (4) Not later than October 1, 2008, the Secretary shall issue final regulations to implement the program under this section.
  • 49 U.S.C. § 22301(b)
    Go to provision →
    (b) The maximum Federal share for carrying out a project under this section shall be 80 percent of the project cost. The non-Federal share may be provided by any non-Federal source in cash, equipment, or supplies. Other in-kind contributions may be approved by the Secretary on a case-by-case basis consistent with this chapter.
  • 49 U.S.C. § 22301(c)
    Go to provision →
    (c) Grants provided under this section shall be used to implement track capital projects as soon as possible. In no event shall grant funds be contractually obligated for a project later than the end of the third Federal fiscal year following the year in which the grant was awarded. Any funds not so obligated by the end of such fiscal year shall be returned to the Secretary for reallocation.
  • 49 U.S.C. § 22301(d)
    Go to provision →
    (d) The Secretary shall require as a condition of any grant made under this section that the recipient railroad provide a fair arrangement at least as protective of the interests of employees who are affected by the project to be funded with the grant as the terms imposed under section 11326(a), as in effect on the date of the enactment of this chapter.
  • 49 U.S.C. § 22301(e)(1)
    Go to provision →
    (1) The Secretary shall ensure that laborers and mechanics employed by contractors and subcontractors in construction work financed by a grant made under this section will be paid wages not less than those prevailing on similar construction in the locality, as determined by the Secretary of Labor under subchapter IV of chapter 31 of title 40 (commonly known as the “Davis-Bacon Act”). The Secretary shall make a grant under this section only after being assured that required labor standards will be maintained on the construction work.
  • 49 U.S.C. § 22301(f)
    Go to provision →
    (f) The Secretary shall conduct a study of the projects carried out with grant assistance under this section to determine the extent to which the program helps promote a reduction in fuel use associated with the transportation of freight and demonstrates innovative technologies that increase fuel economy, reduce greenhouse gas emissions, and lower the costs of operation. Not later than March 31, 2009, the Secretary shall submit a report to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on the study, including any recommendations the Secretary considers appropriate regarding the program.
  • 49 U.S.C. § 22301(g)
    Go to provision →
    (g) There is authorized to be appropriated to the Secretary $50,000,000 for each of fiscal years 2008 through 2011 for carrying out this section.
  • 49 U.S.C. § 22402(a)
    Go to provision →
    (a) The Secretary shall provide direct loans and loan guarantees to—
    (1) State and local governments;
    (2) entities implementing interstate compacts consented to by Congress under section 410(a) of the Amtrak Reform and Accountability Act of 1997 (49 U.S.C. 24101 note);
    (3) government sponsored authorities and corporations;
    (4) railroads;
    (5) entities participating in joint ventures that include at least 1 of the entities described in paragraph (1), (2), (3), (4), or (6);
    (6) limited option freight shippers that own or operate a plant or other facility, solely for the purpose of constructing a rail connection between a plant or facility and a railroad; and
    (7) private entities with controlling ownership in 1 or more freight railroads other than Class I carriers.
  • 49 U.S.C. § 22402(c)
    Go to provision →
    (c) In granting applications for direct loans or guaranteed loans under this section, the Secretary shall give priority to projects that—
    (1) enhance public safety, including projects for the installation of a positive train control system (as defined in section 20157(i));
    (2) promote economic development;
    (3) enhance the environment;
    (4) enable United States companies to be more competitive in international markets;
    (5) are endorsed by the plans prepared under section 135 of title 23 or chapter 227 of this title by the State or States in which they are located;
    (6) improve railroad stations and passenger facilities and increase transit-oriented development;
    (7) preserve or enhance rail or intermodal service to small communities or rural areas;
    (8) enhance service and capacity in the national rail system; or
    (9) would materially alleviate rail capacity problems which degrade the provision of service to shippers and would fulfill a need in the national transportation system.
  • 49 U.S.C. § 22402(d)
    Go to provision →
    (d) The aggregate unpaid principal amounts of obligations under direct loans and loan guarantees made under this section shall not exceed $35,000,000,000 at any one time. Of this amount, not less than $7,000,000,000 shall be available solely for projects primarily benefiting freight railroads other than Class I carriers. The Secretary shall not establish any limit on the proportion of the unused amount authorized under this subsection that may be used for 1 loan or loan guarantee.
  • 49 U.S.C. § 22402(e)(2)
    Go to provision →
    (2) The Secretary shall not make a loan guarantee under this section if the interest rate for the loan exceeds that which the Secretary determines to be reasonable, taking into consideration the prevailing interest rates and customary fees incurred under similar obligations in the private capital market.
  • 49 U.S.C. § 22402(f)(1)
    Go to provision →
    (1) In lieu of or in combination with appropriations of budget authority to cover the costs of direct loans and loan guarantees as required under section 504(b)(1) of the Federal Credit Reform Act of 1990, including the cost of a modification thereof, the Secretary may accept on behalf of an applicant for assistance under this section a commitment from a non-Federal source, including a State or local government or agency or public benefit corporation or public authority thereof, to fund in whole or in part credit risk premiums and modification costs with respect to the loan that is the subject of the application or modification. In no event shall the aggregate of appropriations of budget authority and credit risk premiums described in this paragraph with respect to a direct loan or loan guarantee be less than the cost of that direct loan or loan guarantee.
  • 49 U.S.C. § 22402(f)(2)
    Go to provision →
    (2) The Secretary shall determine the amount required for credit risk premiums under this subsection on the basis of—
    (A) the circumstances of the applicant, including the amount of collateral offered, if any;
    (B) the proposed schedule of loan disbursements;
    (C) historical data on the repayment history of similar borrowers;
    (D) consultation with the Congressional Budget Office; and
    (E) any other factors the Secretary considers relevant.
  • 49 U.S.C. § 22402(f)(2)(E)
    Go to provision →
    (E) any other factors the Secretary considers relevant.
  • 49 U.S.C. § 22402(f)(3)
    Go to provision →
    (3) Upon receipt of a proposal from an applicant under this section, the Secretary shall accept as a basis for determining the amount of the credit risk premium under paragraph (2) any of the following in addition to the value of any collateral described in paragraph (6):
    (A) The net present value of a future stream of State or local subsidy income or other dedicated revenues to secure the direct loan or loan guarantee.
    (B) Adequate coverage requirements to ensure repayment, on a non-recourse basis, from cash flows generated by the project or any other dedicated revenue source, including—
    (i) tolls;
    (ii) user fees, including operating or tenant charges, facility rents, or other fees paid by transportation service providers or operators for access to, or the use of, infrastructure, including rail lines, bridges, tunnels, yards, or stations; or
    (iii) payments owing to the obligor under a public-private partnership.
    (C) An investment-grade rating on the direct loan or loan guarantee, as applicable, except that if the total amount of the direct loan or loan guarantee is greater than $150,000,000, the applicant shall have an investment-grade rating from at least 2 rating agencies on the direct loan or loan guarantee.
    (D) Revenue from projected freight or passenger demand for the project based on regionally developed economic forecasts, including projections of any modal diversion resulting from the project.
  • 49 U.S.C. § 22402(f)(4)
    Go to provision →
    (4) Credit risk premiums under this subsection shall be paid to the Secretary before the disbursement of loan amounts (and in the case of a modification, before the modification is executed), to the extent appropriations are not available to the Secretary to meet the costs of direct loans and loan guarantees, including costs of modifications thereof.
  • 49 U.S.C. § 22402(f)(5)
    Go to provision →
    (5) Subject to the availability of funds appropriated by Congress under section 22406(a)(2), for any direct loan issued before the date of enactment of the Fixing America’s Surface Transportation Act (Public Law 114–94) pursuant to sections 501 through 504 of the Railroad Revitalization and Regulatory Reform Act of 1976 (Public Law 94–210), the Secretary shall repay the credit risk premiums of such loan, with interest accrued thereon, not later than—
    (A) 60 days after the date of enactment of the Surface Transportation Investment Act of 2021 if the borrower has satisfied all obligations attached to such loan; or
    (B) if the borrower has not yet satisfied all obligations attached to such loan, 60 days after the date on which all obligations attached to such loan have been satisfied.
  • 49 U.S.C. § 22402(f)(6)(A)
    Go to provision →
    (A) An applicant or infrastructure partner may propose tangible and intangible assets as collateral, exclusive of goodwill. The Secretary, after evaluating each such asset—
    (i) shall accept a net liquidation value of collateral; and
    (ii) shall consider and may accept—
    (I) the market value of collateral; or
    (II) in the case of a blanket pledge or assignment of an entire operating asset or basket of assets as collateral, the market value of assets, or, the market value of the going concern, considering—
    (aa) inclusion in the pledge of all the assets necessary for independent operational utility of the collateral, including tangible assets such as real property, track and structure, motive power, equipment and rolling stock, stations, systems and maintenance facilities and intangible assets such as long-term shipping agreements, easements, leases and access rights such as for trackage and haulage;
    (bb) interchange commitments; and
    (cc) the value of the asset as determined through the cost or market approaches, or the market value of the going concern, with the latter considering discounted cash flows for a period not to exceed the term of the direct loan or loan guarantee.
  • 49 U.S.C. § 22402(f)(6)(B)
    Go to provision →
    (B) In evaluating appraisals of collateral under subparagraph (A), the Secretary shall consider—
    (i) adherence to the substance and principles of the Uniform Standards of Professional Appraisal Practice, as developed by the Appraisal Standards Board of the Appraisal Foundation; and
    (ii) the qualifications of the appraisers to value the type of collateral offered.
  • 49 U.S.C. § 22402(f)(7)
    Go to provision →
    (7) The Secretary shall return credit risk premiums paid, and interest accrued on such premiums, to the original source when all obligations of a loan or loan guarantee have been satisfied. This paragraph applies to any project that has been granted assistance under this section after the date of enactment of the Surface Transportation Investment Act of 2021.
  • 49 U.S.C. § 22402(g)
    Go to provision →
    (g) The Secretary shall not make a direct loan or loan guarantee under this section unless the Secretary has made a finding in writing that—
    (1) repayment of the obligation is required to be made within a term that is not longer than the shorter of—
    (A) 75 years after the date of substantial completion of the project;
    (B) the estimated useful life of the rail equipment or facilities to be acquired, rehabilitated, improved, developed, or established, subject to an adequate determination of long-term risk; or
    (C) for projects determined to have an estimated useful life that is longer than 35 years, the period that is equal to the sum of—
    (i) 35 years; and
    (ii) the product of—
    (I) the difference between the estimated useful life and 35 years; multiplied by
    (II) 75 percent.
    (2) the direct loan or loan guarantee is justified by the present and probable future demand for rail services or intermodal facilities;
    (3) the applicant has given reasonable assurances that the facilities or equipment to be acquired, rehabilitated, improved, developed, or established with the proceeds of the obligation will be economically and efficiently utilized;
    (4) the obligation can reasonably be repaid, using an appropriate combination of credit risk premiums and collateral offered by the applicant to protect the Federal Government; and
    (5) the purposes of the direct loan or loan guarantee are consistent with subsection (b).
  • 49 U.S.C. § 22402(h)(1)
    Go to provision →
    (1) The Secretary shall, before granting assistance under this section, require the applicant to agree to such terms and conditions as are sufficient, in the judgment of the Secretary, to ensure that, as long as any principal or interest is due and payable on such obligation, the applicant, and any railroad or railroad partner for whose benefit the assistance is intended—
    (A) will not use any funds or assets from railroad or intermodal operations for purposes not related to such operations, if such use would impair the ability of the applicant, railroad, or railroad partner to provide rail or intermodal services in an efficient and economic manner, or would adversely affect the ability of the applicant, railroad, or railroad partner to perform any obligation entered into by the applicant under this section;
    (B) will, consistent with its capital resources, maintain its capital program, equipment, facilities, and operations on a continuing basis; and
    (C) will not make any discretionary dividend payments that unreasonably conflict with the purposes stated in subsection (b).
  • 49 U.S.C. § 22402(h)(2)
    Go to provision →
    (2) The Secretary shall not require an applicant for a direct loan or loan guarantee under this section to provide collateral. Any collateral provided or thereafter enhanced shall be valued as a going concern after giving effect to the present value of improvements contemplated by the completion and operation of the project, if applicable. The Secretary shall not require that an applicant for a direct loan or loan guarantee under this section have previously sought the financial assistance requested from another source.
  • 49 U.S.C. § 22402(h)(3)
    Go to provision →
    (3) The Secretary shall require recipients of direct loans or loan guarantees under this section to comply with—
    (A) the standards of section 24312, as in effect on September 1, 2002, with respect to the project in the same manner that Amtrak is required to comply with such standards for construction work financed under an agreement made under section 24308(a); and
    (B) the protective arrangements established under section 22404, with respect to employees affected by actions taken in connection with the project to be financed by the loan or loan guarantee.
  • 49 U.S.C. § 22402(h)(4)
    Go to provision →
    (4) The Secretary shall require each recipient of a direct loan or loan guarantee under this section for a project described in subsection (b)(1)(F) to provide a non-Federal match of not less than 25 percent of the total amount expended by the recipient for such project.
  • 49 U.S.C. § 22402(i)(1)
    Go to provision →
    (1) Not later than 30 days after the date that the Secretary receives an application under this section, or additional information and material under paragraph (2)(B), the Secretary shall provide the applicant written notice as to whether the application is complete or incomplete.
  • 49 U.S.C. § 22402(i)(2)
    Go to provision →
    (2) If the Secretary determines that an application is incomplete, the Secretary shall—
    (A) provide the applicant with a description of all of the specific information or material that is needed to complete the application, including any information required by an independent financial analyst; and
    (B) allow the applicant to resubmit the application with the information and material described under subparagraph (A) to complete the application.
  • 49 U.S.C. § 22402(i)(3)(A)
    Go to provision →
    (A) Not later than 60 days after the date the Secretary notifies an applicant that an application is complete under paragraph (1), the Secretary shall provide the applicant written notice as to whether the Secretary has approved or disapproved the application.
  • 49 U.S.C. § 22402(i)(4)(A)
    Go to provision →
    (A) Not later than 180 days after the date of enactment of the Surface Transportation Investment Act of 2021, the Secretary shall implement procedures and measures to economize and make available an streamlined application process or processes at the request of applicants seeking loans or loan guarantees.
  • 49 U.S.C. § 22402(i)(4)(B)(iii)
    Go to provision →
    (iii) meet other criteria considered appropriate by the Secretary, in consultation with the Council on Credit and Finance of the Department of Transportation.
  • 49 U.S.C. § 22402(i)(4)(C)
    Go to provision →
    (C) The total period between the submission of an application and the approval or disapproval of an application for a direct loan or loan guarantee under this paragraph may not exceed 90 days. If an application review conducted under this paragraph exceeds 90 days, the Secretary shall—
    (i) provide written notice to the applicant, including a justification for the delay and updated estimate of the time needed for approval or disapproval; and
    (ii) publish the notice on the dashboard described in paragraph (5).
  • 49 U.S.C. § 22402(i)(5)
    Go to provision →
    (5) The Secretary shall post on the Department of Transportation’s Internet Web site a monthly report that includes, for each application—
    (A) the applicant type;
    (B) the location of the project;
    (C) a brief description of the project, including its purpose;
    (D) the requested direct loan or loan guarantee amount;
    (E) the date on which the Secretary provided application status notice under paragraph (1);
    (F) the date that the Secretary provided notice of approval or disapproval under paragraph (3); and
    (G) whether the project utilized the streamlined application process under paragraph (4).
  • 49 U.S.C. § 22402(i)(5)(E)
    Go to provision →
    (E) the date on which the Secretary provided application status notice under paragraph (1);
  • 49 U.S.C. § 22402(i)(5)(F)
    Go to provision →
    (F) the date that the Secretary provided notice of approval or disapproval under paragraph (3); and
  • 49 U.S.C. § 22402(i)(6)(A)
    Go to provision →
    (A) The Secretary shall maintain status information related to each application for a loan or loan guarantee, which shall be provided to the applicant upon request, including—
    (i) the total value of the proposed loan or loan guarantee;
    (ii) the name of the applicant or applicants submitting the application;
    (iii) the proposed capital structure of the project to which the loan or loan guarantee would be applied, including the proposed Federal and non-Federal shares of the total project cost;
    (iv) the type of activity to receive credit assistance, including whether the project is new construction, the rehabilitation of existing rail equipment or facilities, or the refinancing an existing loan or loan guarantee;
    (v) if a deferred payment is proposed, the length of such deferment;
    (vi) the credit rating or ratings provided for the applicant;
    (vii) if other credit instruments are involved, the proposed subordination relationship and a description of such other credit instruments;
    (viii) a schedule for the readiness of proposed investments for financing;
    (ix) a description of any Federal permits required, including under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and any waivers under section 5323(j) (commonly known as the “Buy America Act”);
    (x) other characteristics of the proposed activity to be financed, borrower, key agreements, or the nature of the credit that the Secretary considers to be fundamental to the creditworthiness review;
    (xi) the status of the application in the pre-application review and selection process;
    (xii) the cumulative amounts paid by the Secretary to outside advisors related to the application, including financial and legal advisors;
    (xiii) a description of the key rating factors used by the Secretary to determine credit risk, including—
    (I) the factors used to determine risk for the proposed application;
    (II) an adjectival risk rating for each identified factor, ranked as either low, moderate, or high;
    (xiv) a nonbinding estimate of the credit risk premium, which may be in the form of—
    (I) a range, based on the assessment of risk factors described in clause (xiii); or
    (II) a justification for why the estimate of the credit risk premium cannot be determined based on available information; and
    (xv) a description of the key information the Secretary needs from the applicant to complete the credit review process and make a final determination of the credit risk premium.
  • 49 U.S.C. § 22402(i)(6)(A)(x)
    Go to provision →
    (x) other characteristics of the proposed activity to be financed, borrower, key agreements, or the nature of the credit that the Secretary considers to be fundamental to the creditworthiness review;
  • 49 U.S.C. § 22402(i)(6)(A)(xii)
    Go to provision →
    (xii) the cumulative amounts paid by the Secretary to outside advisors related to the application, including financial and legal advisors;
  • 49 U.S.C. § 22402(i)(6)(A)(xiii)
    Go to provision →
    (xiii) a description of the key rating factors used by the Secretary to determine credit risk, including—
    (I) the factors used to determine risk for the proposed application;
    (II) an adjectival risk rating for each identified factor, ranked as either low, moderate, or high;
  • 49 U.S.C. § 22402(i)(6)(A)(xv)
    Go to provision →
    (xv) a description of the key information the Secretary needs from the applicant to complete the credit review process and make a final determination of the credit risk premium.
  • 49 U.S.C. § 22402(i)(6)(B)
    Go to provision →
    (B) The Secretary shall provide the information described in subparagraph (A) not later than 30 days after a request from the applicant.
  • 49 U.S.C. § 22402(j)(1)
    Go to provision →
    (1) The Secretary shall establish a repayment schedule requiring payments to commence not later than 5 years after the date of substantial completion.
  • 49 U.S.C. § 22402(j)(3)(A)
    Go to provision →
    (A) If at any time after the date of substantial completion the obligor is unable to pay the scheduled loan repayments of principal and interest on a direct loan provided under this section, the Secretary, subject to subparagraph (B), may allow, for a maximum aggregate time of 1 year over the duration of the direct loan, the obligor to add unpaid principal and interest to the outstanding balance of the direct loan.
  • 49 U.S.C. § 22402(j)(4)(A)
    Go to provision →
    (A) With respect to a direct loan provided by the Secretary under this section, any excess revenues that remain after satisfying scheduled debt service requirements on the project obligations and direct loan and all deposit requirements under the terms of any trust agreement, bond resolution, or similar agreement securing project obligations may be applied annually to prepay the direct loan without penalty.
  • 49 U.S.C. § 22402(k)(1)
    Go to provision →
    (1) Subject to paragraph (2) and as soon as practicable after substantial completion of a project, the Secretary, after notifying the obligor, may sell to another entity or reoffer into the capital markets a direct loan for the project if the Secretary determines that the sale or reoffering has a high probability of being made on favorable terms.
  • 49 U.S.C. § 22402(k)(2)
    Go to provision →
    (2) In making a sale or reoffering under paragraph (1), the Secretary may not change the original terms and conditions of the secured loan without the prior written consent of the obligor.
  • 49 U.S.C. § 22402(l)(1)
    Go to provision →
    (1) Except as provided in paragraph (2), a direct loan provided by the Secretary under this section shall not be subordinated to the claims of any holder of project obligations in the event of bankruptcy, insolvency, or liquidation of the obligor.
  • 49 U.S.C. § 22402(l)(2)(A)
    Go to provision →
    (A) The Secretary may waive the requirement under paragraph (1) for a public agency borrower that is financing ongoing capital programs and has outstanding senior bonds under a preexisting indenture if—
    (i) the direct loan is rated in the A category or higher;
    (ii) the direct loan is secured and payable from pledged revenues not affected by project performance, such as a tax-based revenue pledge or a system-backed pledge of project revenues; and
    (iii) the program share, under this chapter, of eligible project costs is 50 percent or less.
  • 49 U.S.C. § 22402(l)(2)(B)
    Go to provision →
    (B) The Secretary may impose limitations for the waiver of the nonsubordination requirement under this paragraph if the Secretary determines that such limitations would be in the financial interest of the Federal Government.
  • 49 U.S.C. § 22402(m)(1)
    Go to provision →
    (1) Subject to subsection (d) and paragraph (2) of this subsection, the Secretary may enter into a master credit agreement that is contingent on all of the conditions for the provision of a direct loan or loan guarantee, as applicable, under this chapter and other applicable requirements being satisfied prior to the issuance of the direct loan or loan guarantee.
  • 49 U.S.C. § 22402(m)(2)(D)
    Go to provision →
    (D) provide 1 or more dates, as determined by the Secretary, before which the master credit agreement results in each of the direct loans or loan guarantees or in the release of the master credit agreement.
  • 49 U.S.C. § 22402(n)
    Go to provision →
    (n) The proceeds of a loan provided under this section may be used as the non-Federal share of project costs for any grant program administered by the Secretary if such loan is repayable from non-Federal funds.
  • 49 U.S.C. § 22403(a)(1)
    Go to provision →
    (1) The Secretary shall prescribe the form and contents required of applications for assistance under section 22402, to enable the Secretary to determine the eligibility of the applicant’s proposal, and shall establish terms and conditions for direct loans and loan guarantees made under that section, including a program guide, a standard term sheet, and specific timetables.
  • 49 U.S.C. § 22403(b)
    Go to provision →
    (b) All guarantees entered into by the Secretary under section 22402 shall constitute general obligations of the United States of America backed by the full faith and credit of the United States of America.
  • 49 U.S.C. § 22403(c)
    Go to provision →
    (c) The holder of a loan guarantee made under section 22402 may assign the loan guarantee in whole or in part, subject to such requirements as the Secretary may prescribe.
  • 49 U.S.C. § 22403(d)
    Go to provision →
    (d) The Secretary may approve the modification of any term or condition of a direct loan, loan guarantee, direct loan obligation, or loan guarantee commitment, including the rate of interest, time of payment of interest or principal, or security requirements, if the Secretary finds in writing that—
    (1) the modification is equitable and is in the overall best interests of the United States;
    (2) consent has been obtained from the applicant and, in the case of a loan guarantee or loan guarantee commitment, the holder of the obligation; and
    (3) the modification cost has been covered under section 22402(f).
  • 49 U.S.C. § 22403(e)
    Go to provision →
    (e) The Secretary shall assure compliance, by an applicant, any other party to the loan, and any railroad or railroad partner for whose benefit assistance is intended, with the provisions of this chapter, regulations issued hereunder, and the terms and conditions of the direct loan or loan guarantee, including through regular periodic inspections.
  • 49 U.S.C. § 22403(f)
    Go to provision →
    (f) For purposes of claims by any party other than the Secretary, a loan guarantee or loan guarantee commitment shall be conclusive evidence that the underlying obligation is in compliance with the provisions of this chapter, and that such obligation has been approved and is legal as to principal, interest, and other terms. Such a guarantee or commitment shall be valid and incontestable in the hands of a holder thereof, including the original lender or any other holder, as of the date when the Secretary granted the application therefor, except as to fraud or material misrepresentation by such holder.
  • 49 U.S.C. § 22403(g)
    Go to provision →
    (g) The Secretary shall prescribe regulations setting forth procedures in the event of default on a loan made or guaranteed under section 22402. The Secretary shall ensure that each loan guarantee made under that section contains terms and conditions that provide that—
    (1) if a payment of principal or interest under the loan is in default for more than 30 days, the Secretary shall pay to the holder of the obligation, or the holder’s agent, the amount of unpaid guaranteed interest;
    (2) if the default has continued for more than 90 days, the Secretary shall pay to the holder of the obligation, or the holder’s agent, 90 percent of the unpaid guaranteed principal;
    (3) after final resolution of the default, through liquidation or otherwise, the Secretary shall pay to the holder of the obligation, or the holder’s agent, any remaining amounts guaranteed but which were not recovered through the default’s resolution;
    (4) the Secretary shall not be required to make any payment under paragraphs (1) through (3) if the Secretary finds, before the expiration of the periods described in such paragraphs, that the default has been remedied; and
    (5) the holder of the obligation shall not receive payment or be entitled to retain payment in a total amount which, together with all other recoveries (including any recovery based upon a security interest in equipment or facilities) exceeds the actual loss of such holder.
  • 49 U.S.C. § 22403(g)(1)
    Go to provision →
    (1) if a payment of principal or interest under the loan is in default for more than 30 days, the Secretary shall pay to the holder of the obligation, or the holder’s agent, the amount of unpaid guaranteed interest;
  • 49 U.S.C. § 22403(g)(2)
    Go to provision →
    (2) if the default has continued for more than 90 days, the Secretary shall pay to the holder of the obligation, or the holder’s agent, 90 percent of the unpaid guaranteed principal;
  • 49 U.S.C. § 22403(g)(3)
    Go to provision →
    (3) after final resolution of the default, through liquidation or otherwise, the Secretary shall pay to the holder of the obligation, or the holder’s agent, any remaining amounts guaranteed but which were not recovered through the default’s resolution;
  • 49 U.S.C. § 22403(g)(4)
    Go to provision →
    (4) the Secretary shall not be required to make any payment under paragraphs (1) through (3) if the Secretary finds, before the expiration of the periods described in such paragraphs, that the default has been remedied; and
  • 49 U.S.C. § 22403(h)(1)
    Go to provision →
    (1) If the Secretary makes payment to a holder, or a holder’s agent, under subsection (g) in connection with a loan guarantee made under section 22402, the Secretary shall be subrogated to all of the rights of the holder with respect to the obligor under the loan.
  • 49 U.S.C. § 22403(h)(2)
    Go to provision →
    (2) The Secretary may complete, recondition, reconstruct, renovate, repair, maintain, operate, charter, rent, sell, or otherwise dispose of any property or other interests obtained pursuant to this section. The Secretary shall not be subject to any Federal or State regulatory requirements when carrying out this paragraph.
  • 49 U.S.C. § 22403(i)
    Go to provision →
    (i) The Secretary may bring a civil action in an appropriate Federal court in the name of the United States in the event of a default on a direct loan made under section 22402, or in the name of the United States or of the holder of the obligation in the event of a default on a loan guaranteed under section 22402. The holder of a guarantee shall make available to the Secretary all records and evidence necessary to prosecute the civil action. The Secretary may accept property in full or partial satisfaction of any sums owed as a result of a default. If the Secretary receives, through the sale or other disposition of such property, an amount greater than the aggregate of—
    (1) the amount paid to the holder of a guarantee under subsection (g) of this section; and
    (2) any other cost to the United States of remedying the default,
    the Secretary shall pay such excess to the obligor.
  • 49 U.S.C. § 22403(j)
    Go to provision →
    (j) The Attorney General shall commence a civil action in an appropriate Federal court to enjoin any activity which the Secretary finds is in violation of this chapter, regulations issued hereunder, or any conditions which were duly agreed to, and to secure any other appropriate relief.
  • 49 U.S.C. § 22403(k)
    Go to provision →
    (k) No attachment or execution may be issued against the Secretary, or any property in the control of the Secretary, prior to the entry of final judgment to such effect in any State, Federal, or other court.
  • 49 U.S.C. § 22403(l)(1)
    Go to provision →
    (1) The Secretary may collect from each applicant, obligor, or loan party a reasonable charge for—
    (A) the cost of evaluating the application, amendments, modifications, and waivers, including for evaluating project viability, applicant creditworthiness, and the appraisal of the value of the equipment or facilities for which the direct loan or loan guarantee is sought, and for making necessary determinations and findings;
    (B) the cost of award management and project management oversight;
    (C) the cost of services from expert firms, including counsel, and independent financial advisors to assist in the underwriting, auditing, servicing, and exercise of rights with respect to direct loans and loan guarantees; and
    (D) the cost of all other expenses incurred as a result of a breach of any term or condition or any event of default on a direct loan or loan guarantee.
  • 49 U.S.C. § 22403(l)(2)
    Go to provision →
    (2) The Secretary may charge different amounts under this subsection based on the different costs incurred under paragraph (1).
  • 49 U.S.C. § 22403(l)(3)(A)
    Go to provision →
    (A) The Secretary may appoint a financial entity to assist the Secretary in servicing a direct loan or loan guarantee under this chapter.
  • 49 U.S.C. § 22403(l)(3)(B)
    Go to provision →
    (B) A servicer appointed under subparagraph (A) shall act as the agent of the Secretary in servicing a direct loan or loan guarantee under this chapter.
  • 49 U.S.C. § 22403(l)(3)(C)
    Go to provision →
    (C) A servicer appointed under subparagraph (A) shall receive a servicing fee from the obligor or other loan party, subject to approval by the Secretary.
  • 49 U.S.C. § 22403(m)
    Go to provision →
    (m) Except as provided in this chapter, the Secretary may not assess any fees, including user fees, or charges in connection with a direct loan or loan guarantee provided under section 22402.
  • 49 U.S.C. § 22404(a)
    Go to provision →
    (a) Fair and equitable arrangements shall be provided, in accordance with this section, to protect the interests of any employees who may be affected by actions taken pursuant to authorizations or approval obtained under this chapter. Such arrangements shall be determined by the execution of an agreement between the representatives of the railroads and the representatives of their employees, not later than 120 days after February 5, 1976. In the absence of such an executed agreement, the Secretary of Labor shall prescribe the applicable protective arrangements, not later than 150 days after February 5, 1976.
  • 49 U.S.C. § 22404(c)
    Go to provision →
    (c) The arrangements which are required to be negotiated by the parties or prescribed by the Secretary of Labor, pursuant to subsections (a) and (b) of this section, shall include provisions regulating subcontracting by the railroads of work which is financed by funds provided pursuant to this chapter.
  • 49 U.S.C. § 22405
    Go to provision →
    The Secretary shall—
  • 49 U.S.C. § 22405(1)
    Go to provision →
    (1) publish in the Federal Register and post on a website of the Department of Transportation the substantive criteria and standards used by the Secretary to determine whether to approve or disapprove applications submitted under section 22402; and
  • 49 U.S.C. § 22406(a)(1)
    Go to provision →
    (1) There is authorized to be appropriated for credit assistance under this chapter, which shall be provided at the discretion of the Secretary, $50,000,000 for each of fiscal years 2022 through 2026.
  • 49 U.S.C. § 22406(a)(2)
    Go to provision →
    (2) There is authorized to be appropriated to the Secretary $70,000,000 to repay the credit risk premium in accordance with section 22402(f)(5).
  • 49 U.S.C. § 22406(b)(2)
    Go to provision →
    (2) Not less than 3 percent of the amounts appropriated pursuant to subsection (a) in each fiscal year shall be made available to the Secretary for use in place of charges collected under section 22403(l)(1) for passenger railroads and freight railroads other than Class I carriers.
  • 49 U.S.C. § 22701(1)(A)(i)
    Go to provision →
    (i) means a benefit accrued to a person or private entity, other than Amtrak, that directly improves the economic and competitive condition of that person or entity through improved assets, cost reductions, service improvements, or any other means as defined by the Secretary; and
  • 49 U.S.C. § 22701(1)(B)
    Go to provision →
    (B) The Secretary may seek the advice of the States and rail carriers in further defining this term.
  • 49 U.S.C. § 22701(2)(A)(i)
    Go to provision →
    (i) means a benefit accrued to the public, including Amtrak, in the form of enhanced mobility of people or goods, environmental protection or enhancement, congestion mitigation, enhanced trade and economic development, improved air quality or land use, more efficient energy use, enhanced public safety or security, reduction of public expenditures due to improved transportation efficiency or infrastructure preservation, and any other positive community effects as defined by the Secretary; and
  • 49 U.S.C. § 22701(2)(B)
    Go to provision →
    (B) The Secretary may seek the advice of the States and rail carriers in further defining this term.
  • 49 U.S.C. § 22702(b)
    Go to provision →
    (b) The Secretary shall establish the minimum requirements for the preparation and periodic revision of a State rail plan, including that a State shall—
    (1) establish or designate a State rail transportation authority to prepare, maintain, coordinate, and administer the plan;
    (2) establish or designate a State rail plan approval authority to approve the plan;
    (3) submit the State’s approved plan to the Secretary of Transportation for review; and
    (4) revise and resubmit a State-approved plan no less frequently than once every 4 years for acceptance by the Secretary.
  • 49 U.S.C. § 22702(b)(3)
    Go to provision →
    (3) submit the State’s approved plan to the Secretary of Transportation for review; and
  • 49 U.S.C. § 22702(b)(4)
    Go to provision →
    (4) revise and resubmit a State-approved plan no less frequently than once every 4 years for acceptance by the Secretary.
  • 49 U.S.C. § 22706
    Go to provision →
    The Secretary shall prescribe procedures for States to submit State rail plans for review under this title, including standardized format and data requirements. State rail plans completed before the date of enactment of the Passenger Rail Investment and Improvement Act of 2008 that substantially meet the requirements of this chapter, as determined by the Secretary, shall be deemed by the Secretary to have met the requirements of this chapter.
  • 49 U.S.C. § 22902(a)(1)
    Go to provision →
    (1) The Secretary of Transportation may make grants under this section to an applicant to assist in financing the capital costs of facilities, infrastructure, and equipment necessary to provide or improve intercity passenger rail transportation.
  • 49 U.S.C. § 22902(a)(2)
    Go to provision →
    (2) Consistent with the requirements of this chapter, the Secretary shall require that a grant under this section be subject to the terms, conditions, requirements, and provisions the Secretary decides are necessary or appropriate for the purposes of this section, including requirements for the disposition of net increases in value of real property resulting from the project assisted under this section and shall prescribe procedures and schedules for the awarding of grants under this title, including application and qualification procedures and a record of decision on applicant eligibility. The Secretary shall issue a final rule establishing such procedures not later than 2 years after the date of enactment of the Passenger Rail Investment and Improvement Act of 2008. For the period prior to the earlier of the issuance of such a rule or 2 years after the date of enactment of such Act, the Secretary shall issue interim guidance to applicants covering such procedures, and administer the grant program authorized under this section pursuant to such guidance.
  • 49 U.S.C. § 22902(b)(1)
    Go to provision →
    (1) The Secretary may not approve a grant for a project under this section unless the Secretary finds that the project is part of a State rail plan developed under chapter 227 of this title, or under the plan required by section 211 of the Passenger Rail Investment and Improvement Act of 2008, and that the applicant or recipient has or will have the legal, financial, and technical capacity 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.
  • 49 U.S.C. § 22902(b)(2)
    Go to provision →
    (2) An applicant shall provide sufficient information upon which the Secretary can make the findings required by this subsection.
  • 49 U.S.C. § 22902(b)(3)
    Go to provision →
    (3) If an applicant has not selected the proposed operator of its service competitively, the applicant shall provide written justification to the Secretary showing why the proposed operator is the best, taking into account price and other factors, and that use of the proposed operator will not unnecessarily increase the cost of the project.
  • 49 U.S.C. § 22902(c)
    Go to provision →
    (c) The Secretary, in selecting the recipients of financial assistance to be provided under subsection (a), shall—
    (1) require—
    (A) that the project be part of a State rail plan developed under chapter 227 of this title, or under the plan required by section 211 of the Passenger Rail Investment and Improvement Act of 2008;
    (B) that the applicant or recipient has or will have the legal, financial, and technical capacity 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;
    (C) that the applicant provides sufficient information upon which the Secretary can make the findings required by this subsection;
    (D) that if an applicant has selected the proposed operator of its service competitively, that the applicant provide written justification to the Secretary showing why the proposed operator is the best, taking into account costs and other factors;
    (E) that each proposed project meet all safety and security requirements that are applicable to the project under law; and
    (F) that each project be compatible with, and operated in conformance with—
    (i) plans developed pursuant to the requirements of section 135 of title 23, United States Code; and
    (ii) the national rail plan (if it is available);
    (2) select projects—
    (A) that are anticipated to result in significant improvements to intercity rail passenger service, including, but not limited to, consideration of—
    (i) the project’s levels of estimated ridership, increased on-time performance, reduced trip time, additional service frequency to meet anticipated or existing demand, or other significant service enhancements as measured against minimum standards developed under section 207 of the Passenger Rail Investment and Improvement Act of 2008;
    (ii) the project’s anticipated favorable impact on air or highway traffic congestion, capacity, or safety; and
    (iii) identification of the project by the Surface Transportation Board as necessary to improve the on-time performance and reliability of intercity passenger rail under section 24308(f);
    (B) for which there is a high degree of confidence that the proposed project is feasible and will result in the anticipated benefits, as indicated by—
    (i) the project’s precommencement compliance with environmental protection requirements;
    (ii) the readiness of the project to be commenced;
    (iii) the timing and amount of the project’s future noncommitted investments;
    (iv) the commitment of any affected host rail carrier to ensure the realization of the anticipated benefits; and
    (v) other relevant factors as determined by the Secretary; and
    (C) for which the level of the anticipated benefits compares favorably to the amount of Federal funding requested under this chapter; and
    (3) give greater consideration to projects—
    (A) that are anticipated to result in benefits to other modes of transportation and to the public at large, including, but not limited to, consideration of the project’s—
    (i) encouragement of intermodal connectivity through provision of direct connections between train stations, airports, bus terminals, subway stations, ferry ports, and other modes of transportation;
    (ii) anticipated improvement of freight or commuter rail operations;
    (iii) encouragement of the use of positive train control technologies;
    (iv) environmental benefits, including projects that involve the purchase of environmentally sensitive, fuel-efficient, and cost-effective passenger rail equipment;
    (v) anticipated positive economic and employment impacts;
    (vi) encouragement of State and private contributions toward station development, energy and environmental efficiency, and economic benefits; and
    (vii) falling under the description in section 5302(a)(1)(G)1 of this title as defined to support intercity passenger rail service; and
    (B) that incorporate equitable financial participation in the project’s financing, including, but not limited to, consideration of—
    (i) donated property interests or services;
    (ii) financial contributions by freight and commuter rail carriers commensurate with the benefit expected to their operations; and
    (iii) financial commitments from host railroads, non-Federal governmental entities, nongovernmental entities, and others.
  • 49 U.S.C. § 22902(c)(1)(C)
    Go to provision →
    (C) that the applicant provides sufficient information upon which the Secretary can make the findings required by this subsection;
  • 49 U.S.C. § 22902(c)(1)(D)
    Go to provision →
    (D) that if an applicant has selected the proposed operator of its service competitively, that the applicant provide written justification to the Secretary showing why the proposed operator is the best, taking into account costs and other factors;
  • 49 U.S.C. § 22902(c)(2)(B)(v)
    Go to provision →
    (v) other relevant factors as determined by the Secretary; and
  • 49 U.S.C. § 22902(d)
    Go to provision →
    (d) State rail plans completed before the date of enactment of the Passenger Rail Investment and Improvement Act of 2008 that substantially meet the requirements of chapter 227 of this title, as determined by the Secretary pursuant to section 225061 of this title, shall be deemed by the Secretary to have met the requirements of subsection (c)(1)(A) of this section.
  • 49 U.S.C. § 22902(f)(1)
    Go to provision →
    (1) The Secretary may issue a letter of intent to an applicant announcing an intention to obligate, for a major capital project under this section, an amount from future available budget authority specified in law that is not more than the amount stipulated as the financial participation of the Secretary in the project.
  • 49 U.S.C. § 22902(f)(2)
    Go to provision →
    (2) At least 30 days before issuing a letter under paragraph (1) of this subsection, the Secretary shall notify in writing the Committee on Transportation and Infrastructure of the House of Representatives, the Committee on Commerce, Science, and Transportation of the Senate, and the House and Senate Committees on Appropriations of the proposed letter or agreement. The Secretary shall include with the notification a copy of the proposed letter or agreement, the criteria used in subsection (c) for selecting the project for a grant award, and a description of how the project meets such criteria.
  • 49 U.S.C. § 22902(g)(1)(A)
    Go to provision →
    (A) Based on engineering studies, studies of economic feasibility, and information on the expected use of equipment or facilities, the Secretary shall estimate the net project cost.
  • 49 U.S.C. § 22902(g)(1)(C)
    Go to provision →
    (C) The Secretary shall give priority in allocating future obligations and contingent commitments to incur obligations to grant requests seeking a lower Federal share of the project net capital cost.
  • 49 U.S.C. § 22902(g)(3)
    Go to provision →
    (3) The following amounts, not to exceed $15,000,000 per fiscal year, shall be available to each applicant as a credit toward an applicant’s matching requirement for a grant awarded under this section—
    (A) in each of fiscal years 2009, 2010, and 2011—
    (i) 50 percent of the average of amounts expended in fiscal years 2002 through 2008 by an applicant for capital projects related to intercity passenger rail service; and
    (ii) 50 percent of the average of amounts expended in fiscal years 2002 through 2008 by an applicant for operating costs of such service; and
    (B) in each of fiscal years 2010, 2011 and 2012, 50 percent of the amount by which the amounts expended for capital projects and operating costs related to intercity passenger rail service by an applicant in the prior fiscal year exceed the average capital and operating expenditures made for such service in fiscal years 2006, 2007, and 2008.
    The Secretary may require such information as necessary to verify such expenditures. Credits made available to an applicant in a fiscal year under this paragraph may only be applied towards grants awarded in that fiscal year.
  • 49 U.S.C. § 22902(h)
    Go to provision →
    (h) Funds appropriated under this section shall remain available until expended. If any amount provided as a grant under this section is not obligated or expended for the purposes described in subsection (a) within 2 years after the date on which the State received the grant, such sums shall be returned to the Secretary for other intercity passenger rail development projects under this section at the discretion of the Secretary.
  • 49 U.S.C. § 22902(i)(2)(D)
    Go to provision →
    (D) any other form of participation approved by the Secretary.
  • 49 U.S.C. § 22902(j)(1)(A)
    Go to provision →
    (A) The Secretary may not obligate any funding unless the applicant demonstrates, to the satisfaction of the Secretary, that the applicant has committed, and will be able to fulfill, the non-Federal share required for the grant within the applicant’s proposed project completion timetable.
  • 49 U.S.C. § 22902(j)(1)(B)
    Go to provision →
    (B) The Secretary may not obligate any funding for work activities that occur after the completion of final design unless—
    (i) the applicant submits a financial plan to the Secretary that generally identifies the sources of the non-Federal funding required for any subsequent segments or phases of the corridor service development program covering the project for which the grant is awarded;
    (ii) the grant will result in a useable segment, a transportation facility, or equipment, that has operational independence; and
    (iii) the intercity passenger rail benefits anticipated to result from the grant, such as increased speed, improved on-time performance, reduced trip time, increased frequencies, new service, safety improvements, improved accessibility, or other significant enhancements, are detailed by the grantee and approved by the Secretary.
  • 49 U.S.C. § 22902(j)(1)(B)(i)
    Go to provision →
    (i) the applicant submits a financial plan to the Secretary that generally identifies the sources of the non-Federal funding required for any subsequent segments or phases of the corridor service development program covering the project for which the grant is awarded;
  • 49 U.S.C. § 22902(j)(1)(B)(iii)
    Go to provision →
    (iii) the intercity passenger rail benefits anticipated to result from the grant, such as increased speed, improved on-time performance, reduced trip time, increased frequencies, new service, safety improvements, improved accessibility, or other significant enhancements, are detailed by the grantee and approved by the Secretary.
  • 49 U.S.C. § 22902(j)(1)(C)(i)
    Go to provision →
    (i) The Secretary shall ensure that the project is maintained to the level of utility that is necessary to support the benefits approved under subparagraph (B)(iii) for a period of 20 years from the date on which the useable segment, transportation facility, or equipment described in subparagraph (B)(ii) is placed in service.
  • 49 U.S.C. § 22902(j)(2)
    Go to provision →
    (2) The Secretary may allow a grantee subject to this subsection to engage in at-risk work activities subsequent to the conclusion of final design if the Secretary determines that such work activities are reasonable and necessary.
  • 49 U.S.C. § 22902(k)
    Go to provision →
    (k) The Secretary shall make not less than 5 percent annually available from the amounts authorized under section 101(c) of the Passenger Rail Investment and Improvement Act of 2008 beginning in fiscal year 2009 for grants for capital projects eligible under this section not exceeding $2,000,000, including costs eligible under section 209(d)1 of that Act. For grants awarded under this subsection, the Secretary may waive requirements of this section, including State rail plan requirements, as appropriate.
  • 49 U.S.C. § 22903(a)
    Go to provision →
    (a) To receive Federal financial assistance for a major capital project under this chapter, an applicant must prepare and carry out a project management plan approved by the Secretary of Transportation. The plan shall provide for—
    (1) adequate recipient staff organization with well-defined reporting relationships, statements of functional responsibilities, job descriptions, and job qualifications;
    (2) a budget covering the project management organization, appropriate consultants, property acquisition, utility relocation, systems demonstration staff, audits, and miscellaneous payments the recipient may be prepared to justify;
    (3) a construction schedule for the project;
    (4) a document control procedure and recordkeeping system;
    (5) a change order procedure that includes a documented, systematic approach to handling the construction change orders;
    (6) organizational structures, management skills, and staffing levels required throughout the construction phase;
    (7) quality control and quality assurance functions, procedures, and responsibilities for construction, system installation, and integration of system components;
    (8) material testing policies and procedures;
    (9) internal plan implementation and reporting requirements;
    (10) criteria and procedures to be used for testing the operational system or its major components;
    (11) periodic updates of the plan, especially related to project budget and project schedule, financing, and ridership estimates; and
    (12) the recipient’s commitment to submit periodically a project budget and project schedule to the Secretary.
  • 49 U.S.C. § 22903(a)(12)
    Go to provision →
    (12) the recipient’s commitment to submit periodically a project budget and project schedule to the Secretary.
  • 49 U.S.C. § 22903(c)
    Go to provision →
    (c) Each recipient of assistance under this chapter shall provide the Secretary and a contractor the Secretary chooses under subsection (b) of this section with access to the construction sites and records of the recipient when reasonably necessary.
  • 49 U.S.C. § 22904
    Go to provision →
    Notwithstanding the requirements of section 22902 of this chapter, the Secretary of Transportation may approve the use of a capital assistance grant under this chapter to fund self-insured retention of risk for the first tier of liability insurance coverage for rail passenger service associated with the grant, but the coverage may not exceed $20,000,000 per occurrence or $20,000,000 in aggregate per year.
  • 49 U.S.C. § 22905(a)(1)
    Go to provision →
    (1) The Secretary of Transportation may obligate an amount that may be appropriated to carry out this chapter for a project only if the steel, iron, and manufactured goods used in the project are produced in the United States.
  • 49 U.S.C. § 22905(a)(2)
    Go to provision →
    (2) The Secretary of Transportation may waive paragraph (1) of this subsection if the Secretary finds that—
    (A) applying paragraph (1) would be inconsistent with the public interest;
    (B) the steel, iron, and goods produced in the United States are not produced in a sufficient and reasonably available amount or are not of a satisfactory quality;
    (C) rolling stock or power train equipment cannot be bought and delivered in the United States within a reasonable time; or
    (D) including domestic material will increase the cost of the overall project by more than 25 percent.
  • 49 U.S.C. § 22905(a)(4)
    Go to provision →
    (4) If the Secretary determines that it is necessary to waive the application of paragraph (1) based on a finding under paragraph (2), the Secretary shall, before the date on which such finding takes effect—
    (A) publish in the Federal Register a detailed written justification as to why the waiver is needed; and
    (B) provide notice of such finding and an opportunity for public comment on such finding for a reasonable period of time not to exceed 15 days.
  • 49 U.S.C. § 22905(a)(5)
    Go to provision →
    (5) Not later than December 31, 2012, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on any waivers granted under paragraph (2).
  • 49 U.S.C. § 22905(a)(6)
    Go to provision →
    (6) The Secretary of Transportation may not make a waiver under paragraph (2) of this subsection for goods produced in a foreign country if the Secretary, in consultation with the United States Trade Representative, decides that the government of that foreign country—
    (A) has an agreement with the United States Government under which the Secretary has waived the requirement of this subsection; and
    (B) has violated the agreement by discriminating against goods to which this subsection applies that are produced in the United States and to which the agreement applies.
  • 49 U.S.C. § 22905(a)(6)(A)
    Go to provision →
    (A) has an agreement with the United States Government under which the Secretary has waived the requirement of this subsection; and
  • 49 U.S.C. § 22905(a)(8)
    Go to provision →
    (8) The Secretary may not impose any limitation on assistance provided under this chapter that restricts a State from imposing more stringent requirements than this subsection 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 assistance from complying with those State-imposed requirements.
  • 49 U.S.C. § 22905(a)(9)
    Go to provision →
    (9) The Secretary may allow a manufacturer or supplier of steel, iron, or manufactured goods to correct after bid opening any certification of noncompliance or failure to properly complete the certification (but not including failure to sign the certification) under this subsection if such manufacturer or supplier attests under penalty of perjury that such manufacturer or supplier submitted an incorrect certification as a result of an inadvertent or clerical error. The burden of establishing inadvertent or clerical error is on the manufacturer or supplier.
  • 49 U.S.C. § 22905(c)
    Go to provision →
    (c) The Secretary shall require as a condition of making any grant under this chapter for a project that uses rights-of-way owned by a railroad that—
    (1) a written agreement exist between the applicant and the railroad regarding such use and ownership, including—
    (A) any compensation for such use;
    (B) assurances regarding the adequacy of infrastructure capacity to accommodate both existing and future freight and passenger operations;
    (C) an assurance by the railroad that collective bargaining agreements with the railroad’s employees (including terms regulating the contracting of work) will remain in full force and effect according to their terms for work performed by the railroad on the railroad transportation corridor; and
    (D) an assurance that an applicant complies with liability requirements consistent with section 28103 of this title; and
    (2) the applicant agrees to comply with—
    (A) the standards of section 24312 of this title, as such section was in effect on September 1, 2003, with respect to the project in the same manner that Amtrak is required to comply with those standards for construction work financed under an agreement made under section 24308(a) of this title; and
    (B) the protective arrangements that are equivalent to the protective arrangements established under section 22404 with respect to employees affected by actions taken in connection with the project to be financed in whole or in part by grants under this chapter.
  • 49 U.S.C. § 22906
    Go to provision →
    There are authorized to be appropriated to the Secretary of Transportation for capital grants under this chapter the following amounts:
  • 49 U.S.C. § 22907(a)
    Go to provision →
    (a) The Secretary may make grants under this section to an eligible recipient to assist in financing the cost of improving passenger and freight rail transportation systems in terms of safety, efficiency, or reliability.
  • 49 U.S.C. § 22907(c)(3)
    Go to provision →
    (3) A capital project identified by the Secretary as being necessary to address congestion or safety challenges affecting rail service.
  • 49 U.S.C. § 22907(c)(4)
    Go to provision →
    (4) A capital project identified by the Secretary as being necessary to reduce congestion and facilitate ridership growth in intercity passenger rail transportation along heavily traveled rail corridors.
  • 49 U.S.C. § 22907(c)(9)
    Go to provision →
    (9) Any project that the Secretary considers necessary to enhance multimodal connections or facilitate service integration between rail service and other modes, including between intercity rail passenger transportation and intercity bus service or commercial air service.
  • 49 U.S.C. § 22907(c)(12)
    Go to provision →
    (12) Any research that the Secretary considers necessary to advance any particular aspect of rail-related capital, operations, or safety improvements.
  • 49 U.S.C. § 22907(d)
    Go to provision →
    (d) The Secretary shall prescribe the form and manner of filing an application under this section.
  • 49 U.S.C. § 22907(e)(1)
    Go to provision →
    (1) In selecting a recipient of a grant for an eligible project, the Secretary shall—
    (A) give preference to a proposed project for which the proposed Federal share of total project costs does not exceed 50 percent; and
    (B) after factoring in preference to projects under subparagraph (A), select projects that will maximize the net benefits of the funds appropriated for use under this section, considering the cost-benefit analysis of the proposed project, including anticipated private and public benefits relative to the costs of the proposed project and factoring in the other considerations described in paragraph (2).
  • 49 U.S.C. § 22907(e)(2)
    Go to provision →
    (2) The Secretary shall also consider the following:
    (A) The degree to which the proposed project’s business plan considers potential private sector participation in the financing, construction, or operation of the project.
    (B) The recipient’s past performance in developing and delivering similar projects, and previous financial contributions.
    (C) Whether the recipient has or will have the legal, financial, and technical capacity to carry out the proposed project, satisfactory continuing control over the use of the equipment or facilities, and the capability and willingness to maintain the equipment or facilities.
    (D) If applicable, the consistency of the proposed project with planning guidance and documents set forth by the Secretary or required by law or State rail plans developed under chapter 227.
    (E) If applicable, any technical evaluation ratings the proposed project received under previous competitive grant programs administered by the Secretary.
    (F) Such other factors as the Secretary considers relevant to the successful delivery of the project.
  • 49 U.S.C. § 22907(e)(2)(D)
    Go to provision →
    (D) If applicable, the consistency of the proposed project with planning guidance and documents set forth by the Secretary or required by law or State rail plans developed under chapter 227.
  • 49 U.S.C. § 22907(e)(2)(E)
    Go to provision →
    (E) If applicable, any technical evaluation ratings the proposed project received under previous competitive grant programs administered by the Secretary.
  • 49 U.S.C. § 22907(e)(2)(F)
    Go to provision →
    (F) Such other factors as the Secretary considers relevant to the successful delivery of the project.
  • 49 U.S.C. § 22907(f)
    Go to provision →
    (f) The Secretary shall establish performance measures for each grant recipient to assess progress in achieving strategic goals and objectives. The Secretary may require a grant recipient to periodically report information related to such performance measures.
  • 49 U.S.C. § 22907(g)(1)
    Go to provision →
    (1) Of the amounts appropriated under this section, at least 25 percent shall be available for projects in rural areas. The Secretary shall consider a project to be in a rural area if all or the majority of the project (determined by the geographic location or locations where the majority of the project funds will be spent) is located in a rural area.
  • 49 U.S.C. § 22907(h)(1)
    Go to provision →
    (1) The Secretary shall estimate the total costs of a project under this section based on the best available information, including any available engineering studies, studies of economic feasibility, environmental analyses, and information on the expected use of equipment or facilities.
  • 49 U.S.C. § 22907(l)(1)
    Go to provision →
    (1) In carrying out this chapter, the Secretary shall allocate an appropriate portion of the amounts available to programs in this chapter to provide grants to States—
    (A) in which there is no intercity passenger rail service, for the purpose of funding freight rail capital projects that are on a State rail plan developed under chapter 227, including highway construction over rail facilities as an alternative to construction or improvement of a highway-rail grade crossing, that provide public benefits (as defined in chapter 227), as determined by the Secretary; or
    (B) in which the rail transportation system is not physically connected to rail systems in the continental United States or may not otherwise qualify for a grant under this section due to the unique characteristics of the geography of that State or other relevant considerations, for the purpose of funding transportation-related capital projects.
  • 49 U.S.C. § 22907(l)(1)(A)
    Go to provision →
    (A) in which there is no intercity passenger rail service, for the purpose of funding freight rail capital projects that are on a State rail plan developed under chapter 227, including highway construction over rail facilities as an alternative to construction or improvement of a highway-rail grade crossing, that provide public benefits (as defined in chapter 227), as determined by the Secretary; or
  • 49 U.S.C. § 22908(b)
    Go to provision →
    (b) The Secretary of Transportation shall develop and implement a program for issuing operating assistance grants to applicants, on a competitive basis, for the purpose of initiating, restoring, or enhancing intercity rail passenger transportation.
  • 49 U.S.C. § 22908(c)
    Go to provision →
    (c) An applicant for a grant under this section shall submit to the Secretary—
    (1) a capital and mobilization plan that—
    (A) describes any capital investments, service planning actions (such as environmental reviews), and mobilization actions (such as qualification of train crews) required for initiation of intercity rail passenger transportation; and
    (B) includes the timeline for undertaking and completing each of the investments and actions referred to in subparagraph (A);
    (2) an operating plan that describes the planned operation of the service, including—
    (A) the identity and qualifications of the train operator;
    (B) the identity and qualifications of any other service providers;
    (C) service frequency;
    (D) the planned routes and schedules;
    (E) the station facilities that will be utilized;
    (F) projected ridership, revenues, and costs;
    (G) descriptions of how the projections under subparagraph (F) were developed;
    (H) the equipment that will be utilized, how such equipment will be acquired or refurbished, and where such equipment will be maintained; and
    (I) a plan for ensuring safe operations and compliance with applicable safety regulations;
    (3) a funding plan that—
    (A) describes the funding of initial capital costs and operating costs for the first 6 years of operation;
    (B) includes a commitment by the applicant to provide the funds described in subparagraph (A) to the extent not covered by Federal grants and revenues; and
    (C) describes the funding of operating costs and capital costs, to the extent necessary, after the first 6 years of operation; and
    (4) a description of the status of negotiations and agreements with—
    (A) each of the railroads or regional transportation authorities whose tracks or facilities would be utilized by the service;
    (B) the anticipated railroad carrier, if such entity is not part of the applicant group; and
    (C) any other service providers or entities expected to provide services or facilities that will be used by the service, including any required access to Amtrak systems, stations, and facilities if Amtrak is not part of the applicant group.
  • 49 U.S.C. § 22908(d)
    Go to provision →
    (d) In awarding grants under this section, the Secretary shall give priority to applications—
    (1) for which planning, design, any environmental reviews, negotiation of agreements, acquisition of equipment, construction, and other actions necessary for initiation of service have been completed or nearly completed;
    (2) that would restore service over routes formerly operated by Amtrak, including routes described in section 11304 of the Passenger Rail Reform and Investment Act of 2015;
    (3) that would provide daily or daytime service over routes where such service did not previously exist;
    (4) that include funding (including funding from railroads), or other significant participation by State, local, and regional governmental and private entities;
    (5) that include a funding plan that demonstrates the intercity rail passenger service will be financially sustainable beyond the 3-year grant period;
    (6) that would provide service to regions and communities that are underserved or not served by other intercity public transportation;
    (7) that would foster economic development, particularly in rural communities and for disadvantaged populations;
    (8) that would provide other non-transportation benefits;
    (9) that would enhance connectivity and geographic coverage of the existing national network of intercity rail passenger service; and
    (10) for routes selected under the Corridor Identification and Development Program and operated by Amtrak.
  • 49 U.S.C. § 22908(h)
    Go to provision →
    (h) If the Secretary awards a grant under this section to a rail carrier other than Amtrak, Amtrak may be required consistent with section 24711(c)(1) of this title to provide access to its reservation system, stations, and facilities that are directly related to operations to such carrier, to the extent necessary to carry out the purposes of this section. The Secretary may award an appropriate portion of the grant to Amtrak as compensation for this access.
  • 49 U.S.C. § 22908(i)(1)
    Go to provision →
    (1) The Secretary shall require a grant recipient under this section to enter into a grant agreement that requires such recipient to provide similar information regarding the route performance, financial, and ridership projections, and capital and business plans that Amtrak is required to provide, and such other data and information as the Secretary considers necessary.
  • 49 U.S.C. § 22908(i)(2)
    Go to provision →
    (2) The Secretary may—
    (A) award grants under this section in installments, as the Secretary considers appropriate; and
    (B) terminate any grant agreement upon—
    (i) the cessation of service; or
    (ii) the violation of any other term of the grant agreement.
  • 49 U.S.C. § 22908(i)(2)(A)
    Go to provision →
    (A) award grants under this section in installments, as the Secretary considers appropriate; and
  • 49 U.S.C. § 22908(i)(3)
    Go to provision →
    (3) The Secretary shall require each recipient of a grant under this section to comply with the grant requirements of section 22905.
  • 49 U.S.C. § 22908(j)
    Go to provision →
    (j) Not later than 4 years after the date of enactment of the Passenger Rail Reform and Investment Act of 2015, the Secretary, after consultation with grant recipients under this section, shall submit to Congress a report that describes—
    (1) the implementation of this section;
    (2) the status of the investments and operations funded by such grants;
    (3) the performance of the routes funded by such grants;
    (4) the plans of grant recipients for continued operation and funding of such routes; and
    (5) any legislative recommendations.
  • 49 U.S.C. § 22909(a)
    Go to provision →
    (a) The Secretary of Transportation, in cooperation with the Administrator of the Federal Railroad Administration, shall establish a competitive grant program (referred to in this section as the “Program”) under which the Secretary shall award grants to eligible recipients described in subsection (c) for highway-rail or pathway-rail grade crossing improvement projects that focus on improving the safety and mobility of people and goods.
  • 49 U.S.C. § 22909(d)
    Go to provision →
    (d) The Secretary may award a grant under the Program for a highway-rail or pathway-rail grade crossing improvement project (including acquiring real property interests) involving—
    (1) grade separation or closure, including through the use of a bridge, embankment, tunnel, or combination thereof;
    (2) track relocation;
    (3) the improvement or installation of protective devices, signals, signs, or other measures to improve safety, provided that such activities are related to a separation or relocation project described in paragraph (1) or (2);
    (4) other means to improve the safety and mobility of people and goods at highway-rail grade crossings (including technological solutions);
    (5) a group of related projects described in paragraphs (1) through (4) that would collectively improve the mobility of people and goods; or
    (6) the planning, environmental review, and design of an eligible project described in paragraphs (1) through (5).
  • 49 U.S.C. § 22909(e)(1)
    Go to provision →
    (1) An eligible entity seeking a grant under the Program shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require.
  • 49 U.S.C. § 22909(e)(2)(A)
    Go to provision →
    (A) Except as provided in subparagraph (B), the Secretary shall require applicants to obtain the necessary approvals from any impacted rail carriers or real property owners before proceeding with the construction of a project funded by a grant under the Program.
  • 49 U.S.C. § 22909(f)(1)
    Go to provision →
    (1) In awarding grants under the Program, the Secretary shall evaluate the extent to which proposed projects would—
    (A) improve safety at highway-rail or pathway-rail grade crossings;
    (B) grade separate, eliminate, or close highway-rail or pathway-rail grade crossings;
    (C) improve the mobility of people and goods;
    (D) reduce emissions, protect the environment, and provide community benefits, including noise reduction;
    (E) improve access to emergency services;
    (F) provide economic benefits; and
    (G) improve access to communities separated by rail crossings.
  • 49 U.S.C. § 22909(f)(2)
    Go to provision →
    (2) In awarding grants under the Program, the Secretary shall consider—
    (A) the degree to which the proposed project will use—
    (i) innovative technologies;
    (ii) innovative design and construction techniques; or
    (iii) construction materials that reduce greenhouse gas emissions;
    (B) the applicant’s planned use of contracting incentives to employ local labor, to the extent permissible under Federal law;
    (C) whether the proposed project will improve the mobility of—
    (i) multiple modes of transportation, including ingress and egress from freight facilities; or
    (ii) users of nonvehicular modes of transportation, such as pedestrians, bicyclists, and public transportation;
    (D) whether the proposed project is identified in—
    (i) the freight investment plan component of a State freight plan, as required under section 70202(b)(9);
    (ii) a State rail plan prepared in accordance with chapter 227; or
    (iii) a State highway-rail grade crossing action plan, as required under section 11401(b) of the Passenger Rail Reform and Investment Act of 2015 (title XI of Public Law 114–94); and
    (E) the level of financial support provided by impacted rail carriers.
  • 49 U.S.C. § 22909(f)(3)
    Go to provision →
    (3) In selecting grants for Program funds in any fiscal year, the Secretary shall comply with the following limitations:
    (A) Not less than 20 percent of the grant funds available for the Program in any fiscal year shall be reserved for projects located in rural areas or on Tribal lands. The requirement under section 22907(l), which applies to this section, shall not apply to grant funds reserved specifically under this subparagraph. Not less than 5 percent of the grant funds reserved under this subparagraph shall be reserved for projects in counties with 20 or fewer residents per square mile, according to the most recent decennial census, provided that sufficient eligible applications have been submitted.
    (B) Not less than 25 percent of the grant funds set aside for planning projects in any fiscal year pursuant to section 22104(b) of the Passenger Rail Expansion and Rail Safety Act of 2021 shall be awarded for projects located in rural areas or on tribal lands.
    (C) Not more than 20 percent of the grant funds available for the Program in any fiscal year may be selected for projects in any single State.
    (D) No grant awarded under this section shall be for less than $1,000,000, except for a planning grant described in subsection (d)(6).
  • 49 U.S.C. § 22909(h)
    Go to provision →
    (h) Not later than 3 days before awarding a grant for a project under the Program, the Secretary shall submit written notification of the proposed grant to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives, which shall include—
    (1) a summary of the project; and
    (2) the amount of the proposed grant award.
  • 49 U.S.C. § 22909(i)
    Go to provision →
    (i) Not later than 60 days after each round of award notifications, the Secretary shall post, on the public website of the Department of Transportation—
    (1) a list of all eligible applicants that submitted an application for funding under the Program during the current fiscal year;
    (2) a list of the grant recipients and projects that received grant funding under the Program during such fiscal year; and
    (3) a list of the proposed projects and applicants that were determined to be ineligible.
  • 49 U.S.C. § 22909(j)(2)
    Go to provision →
    (2) The Secretary of Transportation shall transfer amounts awarded under this section for commuter rail passenger transportation projects to the Federal Transit Administration, which shall administer such funds in accordance with chapter 53.
  • 49 U.S.C. § 22910(a)
    Go to provision →
    (a) The Secretary of Transportation shall establish a competitive grant program to provide financial assistance to entities implementing interstate rail compacts pursuant to section 410 of the Amtrak Reform and Accountability Act of 1997 (49 U.S.C. 24101 note) for—
    (1) costs of administration;
    (2) systems planning, including studying the impacts on freight rail operations and ridership;
    (3) promotion of intercity passenger rail operation;
    (4) preparation of applications for competitive Federal grant programs; and
    (5) operations coordination.
  • 49 U.S.C. § 22910(b)
    Go to provision →
    (b) The Secretary may not award a grant under this section in an amount exceeding $1,000,000 per year.
  • 49 U.S.C. § 22910(c)
    Go to provision →
    (c) In selecting a recipient of a grant for an eligible project under this section, the Secretary shall consider—
    (1) the amount of funding received (including funding from a rail carrier (as defined in section 24102)) or other participation by State, local, and regional governments and the private sector;
    (2) the applicant’s work to foster economic development through rail service, particularly in rural communities;
    (3) whether the applicant seeks to restore service over routes formerly operated by Amtrak, including routes described in section 11304(a) of the Passenger Rail Reform and Investment Act of 2015 (title XI of division A of Public Law 114–94);
    (4) the applicant’s dedication to providing intercity passenger rail service to regions and communities that are underserved or not served by other intercity public transportation;
    (5) whether the applicant is enhancing connectivity and geographic coverage of the existing national network of intercity passenger rail service;
    (6) whether the applicant has prepared regional rail or corridor service development plans and corresponding environmental analysis; and
    (7) whether the applicant has engaged with appropriate government entities and transportation providers to identify projects necessary to enhance multimodal connections or facilitate service integration between rail service and other modes, including between intercity passenger rail service and intercity bus service or commercial air service.
  • 49 U.S.C. § 22910(d)
    Go to provision →
    (d) The Secretary may not award grants under this section for more than 10 interstate rail compacts in any fiscal year.
  • 49 U.S.C. § 22910(e)
    Go to provision →
    (e) The Secretary may only award grants under this section to applicants with eligible expenses related to intercity passenger rail service to be operated by Amtrak.
  • 49 U.S.C. § 22910(f)
    Go to provision →
    (f) The Secretary shall require each recipient of a grant under this section to provide a non-Federal match of not less than 50 percent of the eligible expenses of carrying out the interstate rail compact under this section.
  • 49 U.S.C. § 22910(g)
    Go to provision →
    (g) Not later than 3 years after the date of enactment of the Passenger Rail Expansion and Rail Safety Act of 2021, the Secretary, after consultation with grant recipients under this section, shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives that describes—
    (1) the implementation of this section;
    (2) the status of the planning efforts and coordination funded by grants awarded under this section;
    (3) the plans of grant recipients for continued implementation of the interstate rail compacts;
    (4) the status of, and data regarding, any new, restored, or enhanced rail services initiated under the interstate rail compacts; and
    (5) any legislative recommendations.
  • 49 U.S.C. § 24102(7)(B)
    Go to provision →
    (B) rail corridors that have been designated by the Secretary of Transportation as high-speed rail corridors (other than corridors described in subparagraph (A)), but only after regularly scheduled intercity service over a corridor has been established;
  • 49 U.S.C. § 24201(a)(1)
    Go to provision →
    (1) The Secretary of Transportation shall apply the project development procedures, to the greatest extent feasible, described in section 139 of title 23 to any railroad project that requires the approval of the Secretary under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
  • 49 U.S.C. § 24201(a)(2)
    Go to provision →
    (2) In carrying out paragraph (1), the Secretary shall incorporate into agency regulations and procedures pertaining to railroad projects described in paragraph (1) aspects of such project development procedures, or portions thereof, determined appropriate by the Secretary in a manner consistent with this section, that increase the efficiency of the review of railroad projects.
  • 49 U.S.C. § 24201(a)(3)
    Go to provision →
    (3) The Secretary may choose not to incorporate into agency regulations and procedures pertaining to railroad projects described in paragraph (1) such project development procedures that could only feasibly apply to highway projects, public transportation capital projects, and multimodal projects.
  • 49 U.S.C. § 24201(b)
    Go to provision →
    (b) Not later than 6 months after the date of enactment of the Passenger Rail Reform and Investment Act of 2015, the Secretary shall—
    (1) survey the use by the Federal Railroad Administration of categorical exclusions in transportation projects since 2005; and
    (2) publish in the Federal Register for notice and public comment a review of the survey that includes a description of—
    (A) the types of actions categorically excluded; and
    (B) any actions the Secretary is considering for new categorical exclusions, including those that would conform to those of other modal administrations.
  • 49 U.S.C. § 24201(b)(2)(B)
    Go to provision →
    (B) any actions the Secretary is considering for new categorical exclusions, including those that would conform to those of other modal administrations.
  • 49 U.S.C. § 24201(c)
    Go to provision →
    (c) Not later than 1 year after the date of enactment of the Passenger Rail Reform and Investment Act of 2015, the Secretary shall publish a notice of proposed rulemaking to propose new and existing categorical exclusions for railroad projects that require the approval of the Secretary under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), including those identified under subsection (b), and develop a process for considering new categorical exclusions to the extent that the categorical exclusions meet the criteria for a categorical exclusion under section 1508.4 of title 40, Code of Federal Regulations.
  • 49 U.S.C. § 24201(d)
    Go to provision →
    (d) The Secretary shall maintain and make publicly available, including on the Internet, a database that identifies project-specific information on the use of a categorical exclusion on any railroad project carried out under this title.
  • 49 U.S.C. § 24201(e)
    Go to provision →
    (e) Nothing in subtitle E of the Passenger Rail Reform and Investment Act of 2015, or any amendment made by such subtitle, shall affect any existing environmental review process, program, agreement, or funding arrangement approved by the Secretary under title 49, as that title was in effect on the day preceding the date of enactment of such subtitle.
  • 49 U.S.C. § 24202(a)
    Go to provision →
    (a) Not later than 1 year after the date of enactment of the Passenger Rail Reform and Investment Act of 2015, the Secretary shall submit a proposed exemption of railroad rights-of-way from the review under section 306108 of title 54 to the Advisory Council on Historic Preservation for consideration, consistent with the exemption for interstate highways approved on March 10, 2005 (70 Fed. Reg. 11,928).
  • 49 U.S.C. § 24202(b)
    Go to provision →
    (b) Not later than 180 days after the date on which the Secretary submits the proposed exemption under subsection (a) to the Council, the Council shall issue a final exemption of railroad rights-of-way from review under chapter 3061 of title 54 consistent with the exemption for interstate highways approved on March 10, 2005 (70 Fed. Reg. 11,928).
  • 49 U.S.C. § 24301(b)
    Go to provision →
    (b) The principal office and place of business of Amtrak are in the District of Columbia. Amtrak is qualified to do business in each State in which Amtrak carries out an activity authorized under this part. Amtrak shall accept service of process by certified mail addressed to the secretary of Amtrak at its principal office and place of business. Amtrak is a citizen only of the District of Columbia when deciding original jurisdiction of the district courts of the United States in a civil action.
  • 49 U.S.C. § 24302(a)(1)(A)
    Go to provision →
    (A) The Secretary of Transportation.
  • 49 U.S.C. § 24302(a)(7)
    Go to provision →
    (7) The Secretary may be represented at Board meetings by the Secretary’s designee.
  • 49 U.S.C. § 24305(f)(4)
    Go to provision →
    (4) On application of Amtrak, the Secretary of Transportation may exempt Amtrak from this subsection if the Secretary decides that—
    (A) for particular articles, material, or supplies—
    (i) the requirements of paragraph (2) of this subsection are inconsistent with the public interest;
    (ii) the cost of imposing those requirements is unreasonable; or
    (iii) the articles, material, or supplies, or the articles, material, or supplies from which they are manufactured, are not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities and are not of a satisfactory quality; or
    (B) rolling stock or power train equipment cannot be bought and delivered in the United States within a reasonable time.
  • 49 U.S.C. § 24309(b)
    Go to provision →
    (b) A facility of a rail carrier or regional transportation authority that Amtrak used to provide rail passenger transportation on February 1, 1979, or on January 1, 1997, may be downgraded or disposed of only after approval by the Secretary of Transportation under this section.
  • 49 U.S.C. § 24309(c)(1)
    Go to provision →
    (1) A rail carrier intending to downgrade or dispose of a facility Amtrak currently is not using to provide transportation shall notify Amtrak of its intention. If, not later than 60 days after Amtrak receives the notice, Amtrak and the carrier do not agree to retain or maintain the facility or to convey an interest in the facility to Amtrak, the carrier may apply to the Secretary for approval to downgrade or dispose of the facility.
  • 49 U.S.C. § 24309(d)(1)
    Go to provision →
    (1) If Amtrak does not object to an application not later than 30 days after it is submitted, the Secretary shall approve the application promptly.
  • 49 U.S.C. § 24309(d)(2)
    Go to provision →
    (2) If Amtrak objects to an application, the Secretary shall decide by not later than 180 days after the objection those costs the rail carrier may avoid if it does not have to retain or maintain a facility in the condition Amtrak requests. If Amtrak does not agree by not later than 60 days after the decision to pay the carrier these avoidable costs, the Secretary shall approve the application. When deciding whether to pay a carrier the avoidable costs of retaining or maintaining a facility, Amtrak shall consider—
    (A) the potential importance of restoring rail passenger transportation on the route on which the facility is located;
    (B) the market potential of the route;
    (C) the availability, adequacy, and energy efficiency of an alternate rail line or alternate mode of transportation to provide passenger transportation to or near the places that would be served by the route;
    (D) the extent to which major population centers would be served by the route;
    (E) the extent to which providing transportation over the route would encourage the expansion of an intercity rail passenger system in the United States; and
    (F) the possibility of increased ridership on a rail line that connects with the route.
  • 49 U.S.C. § 24311(a)(1)(B)
    Go to provision →
    (B) requested by the Secretary of Transportation in carrying out the Secretary’s duty to design and build an intermodal transportation terminal at Union Station in the District of Columbia if the Secretary assures Amtrak that the Secretary will reimburse Amtrak.
  • 49 U.S.C. § 24312(a)
    Go to provision →
    (a) Amtrak shall ensure that laborers and mechanics employed by contractors and subcontractors in construction work financed under an agreement made under section 24308(a) of this title will be paid wages not less than those prevailing on similar construction in the locality, as determined by the Secretary of Labor under sections 3141–3144, 3146, and 3147 of title 40. Amtrak may make such an agreement only after being assured that required labor standards will be maintained on the construction work. Health and safety standards prescribed by the Secretary under section 3704 of title 40 apply to all construction work performed under such an agreement, except for construction work performed by a rail carrier.
  • 49 U.S.C. § 24315(c)
    Go to provision →
    (c) The Secretary of Transportation shall prepare a report on the effectiveness of this part in meeting the requirements for a balanced transportation system in the United States. The report may include recommendations for legislation. The Secretary shall include this report as part of the annual report the Secretary submits under section 308(a) of this title.
  • 49 U.S.C. § 24315(g)
    Go to provision →
    (g) The Comptroller General shall submit to Congress a report on each audit, giving comments and information necessary to inform Congress on the financial operations and condition of Amtrak and recommendations related to those operations and conditions. The report also shall specify any financial transaction or undertaking the Comptroller General considers is carried out without authority of law. When the Comptroller General submits a report to Congress, the Comptroller General shall submit a copy of it to the President, the Secretary, and Amtrak at the same time.
  • 49 U.S.C. § 24316(a)
    Go to provision →
    (a) Not later than 6 months after the date of the enactment of the Rail Safety Improvement Act of 2008, a rail passenger carrier shall submit to the Chairman of the National Transportation Safety Board, the Secretary of Transportation, and the Secretary of Homeland Security a plan for addressing the needs of the families of passengers involved in any rail passenger accident involving a rail passenger carrier intercity train and resulting in any loss of life.
  • 49 U.S.C. § 24316(b)(1)
    Go to provision →
    (1) A process by which a rail passenger carrier will maintain and provide to the National Transportation Safety Board, the Secretary of Transportation, and the Secretary of Homeland Security immediately upon request, a list (which is based on the best available information at the time of the request) of the names of the passengers aboard the train (whether or not such names have been verified), and will periodically update the list. The plan shall include a procedure, with respect to unreserved trains and passengers not holding reservations on other trains, for the rail passenger carrier to use reasonable efforts to ascertain the names of passengers aboard a train involved in an accident.
  • 49 U.S.C. § 24316(c)
    Go to provision →
    (c) Neither the National Transportation Safety Board, the Secretary of Transportation, the Secretary of Homeland Security, nor a rail passenger carrier may release to the public any personal information on a list obtained under subsection (b)(1), but may provide information on the list about a passenger to the passenger’s family members to the extent that the Board or a rail passenger carrier considers appropriate.
  • 49 U.S.C. § 24316(d)(2)
    Go to provision →
    (2) Nothing in this section shall be construed to abridge the authority of the Board or the Secretary of Transportation to investigate the causes or circumstances of any rail accident, including the development of information regarding the nature of injuries sustained and the manner in which they were sustained, for the purpose of determining compliance with existing laws and regulations or identifying means of preventing similar injuries in the future.
  • 49 U.S.C. § 24316(g)
    Go to provision →
    (g) Out of funds appropriated pursuant to section 20117(a)(1)(A), there shall be made available to the Secretary of Transportation $500,000 for fiscal year 2010 to carry out this section. Amounts made available pursuant to this subsection shall remain available until expended.
  • 49 U.S.C. § 24317(b)(1)
    Go to provision →
    (1) The Secretary of Transportation, in consultation with Amtrak, shall define, maintain, and periodically update an account structure and improvements to accounting methodologies, as necessary, to support the Northeast Corridor and the National Network.
  • 49 U.S.C. § 24317(b)(2)
    Go to provision →
    (2) The Secretary shall notify the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Appropriations of the Senate, the Committee on Transportation and Infrastructure of the House of Representatives, and the Committee on Appropriations of the House of Representatives regarding any substantive changes made to the account structure, including changes to—
    (A) the service lines described in section 24320(b)(1); and
    (B) the asset lines described in section 24320(c)(1).
  • 49 U.S.C. § 24317(c)
    Go to provision →
    (c) In defining, maintaining, and updating the account structure and improvements to accounting methodologies required under subsection (b), the Secretary shall ensure, to the greatest extent practicable, that Amtrak assigns the following:
    (1) For the Northeast Corridor account, all revenues, appropriations, grants and other forms of financial assistance, compensation, and other sources of funds associated with the Northeast Corridor, including—
    (A) grant funds appropriated for the Northeast Corridor pursuant to section 11101(a) of the Passenger Rail Reform and Investment Act of 2015 or any subsequent Act;
    (B) compensation received from commuter rail passenger transportation providers for such providers’ share of capital and operating costs on the Northeast Corridor provided to Amtrak pursuant to section 24905(c); and
    (C) any operating surplus of the Northeast Corridor, as allocated pursuant to section 24318.
    (2) For the National Network account, all revenues, appropriations, grants and other forms of financial assistance, compensation, and other sources of funds associated with the National Network, including—
    (A) grant funds appropriated for the National Network pursuant to section 11101(b) of the Passenger Rail Reform and Investment Act of 2015 or any subsequent Act;
    (B) compensation received from States provided to Amtrak pursuant to section 209 of the Passenger Rail Investment and Improvement Act of 2008 (42 U.S.C. 24101) note);1 and
    (C) any operating surplus of the National Network, as allocated pursuant to section 24318.
  • 49 U.S.C. § 24317(d)
    Go to provision →
    (d) In defining, maintaining, and updating the account structure and improvements to accounting methodologies required under subsection (b), the Secretary shall ensure, to the greatest extent practicable, that amounts assigned to the Northeast Corridor and National Network accounts shall be used by Amtrak for the following:
    (1) For the Northeast Corridor, all associated costs, including—
    (A) operating activities;
    (B) capital activities as described in section 24904(a)(2)(E);
    (C) acquiring, rehabilitating, manufacturing, remanufacturing, overhauling, or improving equipment and associated facilities used for intercity rail passenger transportation by Northeast Corridor train services;
    (D) payment of principal and interest on loans for capital projects described in this paragraph or for capital leases attributable to the Northeast Corridor;
    (E) other capital projects on the Northeast Corridor, determined appropriate by the Secretary, and consistent with section 24905(c)(1)(A)(i); and
    (F) if applicable, capital projects described in section 24904(b).
    (2) For the National Network, all associated costs, including—
    (A) operating activities;
    (B) capital activities; and
    (C) the payment of principal and interest on loans or capital leases attributable to the National Network.
  • 49 U.S.C. § 24317(d)(1)(E)
    Go to provision →
    (E) other capital projects on the Northeast Corridor, determined appropriate by the Secretary, and consistent with section 24905(c)(1)(A)(i); and
  • 49 U.S.C. § 24317(e)(1)
    Go to provision →
    (1) Amtrak, in consultation with the Secretary of Transportation, shall maintain and implement any account structures and improvements defined under subsection (b) to enable Amtrak to produce sources and uses statements for each of the service lines described in section 24320(b)(1) and, as appropriate, each of the asset lines described in section 24320(c)(1), that identify sources and uses of revenues, appropriations, and transfers between accounts.
  • 49 U.S.C. § 24317(e)(2)
    Go to provision →
    (2) Not later than 30 days after the implementation of subsection (b), and monthly thereafter, Amtrak shall submit to the Secretary of Transportation updated sources and uses statements for each of the service lines and asset lines referred to in paragraph (1). The Secretary and Amtrak may agree to a different frequency of reporting.
  • 49 U.S.C. § 24317(g)(1)(A)
    Go to provision →
    (A) Amtrak notifies the Amtrak Board of Directors, including the Secretary, at least 10 days prior to the expected date of transfer; and
  • 49 U.S.C. § 24317(g)(1)(B)
    Go to provision →
    (B) solely for a transfer that will materially change a grant agreement, the Secretary approves.
  • 49 U.S.C. § 24317(g)(2)
    Go to provision →
    (2) Not later than 5 days after the Amtrak Board of Directors receives notification from Amtrak under paragraph (1)(A), the Board shall transmit to the Secretary, the Committee on Transportation and Infrastructure and the Committee on Appropriations of the House of Representatives, and the Committee on Commerce, Science, and Transportation and the Committee on Appropriations of the Senate, a report that includes—
    (A) the amount of the transfer; and
    (B) a detailed explanation of the reason for the transfer, including—
    (i) the effects on Amtrak services funded by the account from which the transfer is drawn, in comparison to a scenario in which no transfer was made; and
    (ii) the effects on Amtrak services funded by the account receiving the transfer, in comparison to a scenario in which no transfer was made.
  • 49 U.S.C. § 24319(a)
    Go to provision →
    (a) The Secretary of Transportation shall—
    (1) establish and maintain substantive and procedural requirements, including schedules, for grant requests under this section; and
    (2) report any changes to such procedures to—
    (A) the Committee on Commerce, Science, and Transportation of the Senate;
    (B) the Committee on Appropriations of the Senate;
    (C) the Committee on Transportation and Infrastructure of the House of Representatives; and
    (D) the Committee on Appropriations of the House of Representatives.
  • 49 U.S.C. § 24319(b)
    Go to provision →
    (b) Amtrak shall transmit to the Secretary a grant request annually, or as additionally required, for Federal funds appropriated to the Secretary of Transportation for the use of Amtrak.
  • 49 U.S.C. § 24319(c)(3)
    Go to provision →
    (3) The Secretary of Transportation and Amtrak may jointly agree to modify the categories set forth in paragraph (2) if such modifications are necessary to improve the transparency, oversight, or delivery of projects funded through grant requests under this section.
  • 49 U.S.C. § 24319(d)(1)(A)
    Go to provision →
    (A) Not later than 30 days after the date that Amtrak submits a complete grant request under this section, the Secretary of Transportation shall finish a review of the request and provide notice to Amtrak that—
    (i) the request is approved; or
    (ii) the request is disapproved, including the reason for the disapproval and an explanation of any deficient items.
  • 49 U.S.C. § 24319(d)(1)(B)
    Go to provision →
    (B) If a grant request is approved, the Secretary shall enter into a grant agreement with Amtrak.
  • 49 U.S.C. § 24319(d)(2)
    Go to provision →
    (2) Not later than 15 days after the date of a notice under paragraph (1)(A)(ii), Amtrak shall submit a modified request for the Secretary’s review.
  • 49 U.S.C. § 24319(d)(3)
    Go to provision →
    (3) Not later than 15 days after the date that Amtrak submits a modified request under paragraph (2), the Secretary shall either approve the modified request, or, if the Secretary finds that the request is still incomplete or deficient, the Secretary shall identify in writing to the Committee on Commerce, Science, and Transportation and the Committee on Appropriations of the Senate and the Committee on Transportation and Infrastructure and the Committee on Appropriations of the House of Representatives the remaining deficiencies and recommend a process for resolving the outstanding portions of the request.
  • 49 U.S.C. § 24319(e)(2)
    Go to provision →
    (2) Except as provided in paragraph (3), in each fiscal year for which amounts are appropriated to the Secretary for the use of Amtrak, and for which the Secretary and Amtrak have entered into a grant agreement under subsection (d), the Secretary shall disburse grant funds to Amtrak on the following schedule:
    (A) 50 percent on October 1.
    (B) 25 percent on January 1.
    (C) 25 percent on April 1.
  • 49 U.S.C. § 24319(e)(3)
    Go to provision →
    (3) The Secretary may make a payment to Amtrak of appropriated funds—
    (A) using an otherwise allowable approach to the method prescribed for a specific project or category of projects under paragraph (2) if the Secretary and Amtrak agree that a different payment method is necessary to more successfully implement and report on an operation, service, program, project, or other activity;
    (B) more frequently than the schedule under paragraph (2) if Amtrak, for good cause, requests more frequent payment before the end of a payment period; or
    (C) with a different frequency or in different percentage allocations in the event of a continuing resolution or in the absence of an appropriations Act for the duration of a fiscal year.
  • 49 U.S.C. § 24319(e)(3)(A)
    Go to provision →
    (A) using an otherwise allowable approach to the method prescribed for a specific project or category of projects under paragraph (2) if the Secretary and Amtrak agree that a different payment method is necessary to more successfully implement and report on an operation, service, program, project, or other activity;
  • 49 U.S.C. § 24319(f)
    Go to provision →
    (f) Amounts appropriated to the Secretary for the use of Amtrak shall remain available until expended. Amounts for capital acquisitions and improvements may be appropriated for a fiscal year before the fiscal year in which the amounts will be obligated.
  • 49 U.S.C. § 24319(g)
    Go to provision →
    (g) Amounts appropriated to the Secretary for the use of Amtrak may not be used to cross-subsidize operating losses or capital costs of commuter rail passenger or freight rail transportation.
  • 49 U.S.C. § 24319(h)(2)
    Go to provision →
    (2) The Secretary of Transportation may apply some or all of the requirements set forth in the regulations and guidance promulgated by the Secretary relating to the management, administration, cost principles, and audit requirements for Federal awards.
  • 49 U.S.C. § 24319(i)
    Go to provision →
    (i) The Secretary of Transportation shall determine the varying levels of detail and information that will be included in reports for operations, services, program, projects, program income, cash on hand, and other activities within each of the grant categories described in subsection (c)(2).
  • 49 U.S.C. § 24320(a)(1)
    Go to provision →
    (1) Not later than February 15, 2020, and biennially thereafter, Amtrak shall submit to Congress and the Secretary of Transportation final 5-year service line plans and 5-year asset line plans prepared in accordance with this section. These final plans shall form the basis for Amtrak’s general and legislative annual report to the President and Congress required by section 24315(b). Each plan shall cover a period of 5 fiscal years, beginning with the first fiscal year after the date on which the plan is completed. During each year in which Amtrak is not required to submit a plan under this paragraph, Amtrak shall submit to Congress updated financial sources and uses statements and forecasts with the annual report required under section 24315(b).
  • 49 U.S.C. § 24320(b)(1)(D)
    Go to provision →
    (D) Ancillary services operated by Amtrak, including commuter operations and other revenue generating activities as determined by the Secretary in coordination with Amtrak.
  • 49 U.S.C. § 24320(b)(2)(I)
    Go to provision →
    (I) financial performance for each route, if deemed applicable by the Secretary, within each service line, including descriptions of the cash operating loss or contribution;
  • 49 U.S.C. § 24320(b)(3)(A)
    Go to provision →
    (A) not later than 180 days after the date of enactment of the Passenger Rail Expansion and Rail Safety Act of 2021, submit to the Secretary, for approval, a consultation process for the development of each service line plan that requires Amtrak to—
    (i) consult with the Secretary in the development of the service line plans;
    (ii) for the Northeast Corridor service line plan, consult with the Northeast Corridor Commission and transmit to the Commission the final plan under subsection (a)(1), and consult with other entities, as appropriate;
    (iii) for the State-supported route service line plan, consult with the State-Supported Route Committee established under section 24712 and submit the final service line plan required under subsection (a)(1) to the State-Supported Route Committee;
    (iv) for the long-distance route service line plan, consult with any States or Interstate Compacts that provide funding for such routes, as appropriate; and
    (v) for the infrastructure access service line plan, consult with the Northeast Corridor Commission and other entities, as appropriate, and submit the final asset line plan under subsection (a)(1) to the Northeast Corridor Commission;
  • 49 U.S.C. § 24320(b)(3)(A)(i)
    Go to provision →
    (i) consult with the Secretary in the development of the service line plans;
  • 49 U.S.C. § 24320(b)(4)
    Go to provision →
    (4) Amtrak may modify the content to be included in the service line plans described in paragraph (1), upon the approval of the Secretary, if the Secretary determines that such modifications are necessary to improve the transparency, oversight, and delivery of Amtrak services and the use of Federal funds by Amtrak.
  • 49 U.S.C. § 24320(c)(3)(A)
    Go to provision →
    (A) not later than 180 days after the date of enactment of the Passenger Rail Expansion and Rail Safety Act of 2021, submit to the Secretary, for approval, a consultation process for the development of each asset line plan that requires Amtrak to—
    (i) consult with each service line described in subsection (b)(1) in the preparation of each 5-year asset line plan and ensure integration of each 5-year asset line plan with the 5-year service line plans; and
    (ii) consult with the Secretary of Transportation in the development of asset line plans and, as applicable, consult with the Northeast Corridor Commission, the State-Supported Route Committee, and owners of assets affected by 5-year asset line plans; and
  • 49 U.S.C. § 24320(c)(3)(A)(ii)
    Go to provision →
    (ii) consult with the Secretary of Transportation in the development of asset line plans and, as applicable, consult with the Northeast Corridor Commission, the State-Supported Route Committee, and owners of assets affected by 5-year asset line plans; and
  • 49 U.S.C. § 24320(c)(4)
    Go to provision →
    (4) Amtrak may modify the content to be included in the asset line plans described in paragraph (1), on approval of the Secretary, if the Secretary determines that such modifications are necessary to improve the transparency, oversight, and delivery of Amtrak services and the use of Federal funds by Amtrak.
  • 49 U.S.C. § 24320(c)(5)
    Go to provision →
    (5) The Secretary shall—
    (A) evaluate the costs and scope of all national assets, but shall not include corporate services (as defined pursuant to section 24317(b)); and
    (B) determine the activities and costs that are—
    (i) required in order to ensure the efficient operations of a national rail passenger system;
    (ii) appropriate for allocation to 1 of the other Amtrak business lines; and
    (iii) extraneous to providing an efficient national rail passenger system or are too costly relative to the benefits or performance outcomes they provide.
  • 49 U.S.C. § 24320(c)(8)(A)
    Go to provision →
    (A) Upon written request from the Amtrak Board of Directors, the Secretary may exempt Amtrak from including in a plan required under this subsection any information described in paragraphs (1) and (2).
  • 49 U.S.C. § 24320(c)(8)(B)
    Go to provision →
    (B) The Secretary shall make available to the public on the Department’s Internet Web site any exemption granted under subparagraph (A) and a detailed justification for granting such exemption.
  • 49 U.S.C. § 24322(a)
    Go to provision →
    (a) Prior to entering into any contract in excess of $100,000,000 for rolling stock and locomotive procurements Amtrak shall submit a business case analysis to the Secretary of Transportation, the Committee on Commerce, Science, and Transportation and the Committee on Appropriations of the Senate and the Committee on Transportation and Infrastructure and the Committee on Appropriations of the House of Representatives, on the utility of such procurements.
  • 49 U.S.C. § 24709
    Go to provision →
    Amtrak may develop and operate international intercity rail passenger transportation between the United States and Canada and between the United States and Mexico. The Secretary of Homeland Security, in cooperation with Amtrak, shall maintain, consistent with the effective enforcement of the immigration and customs laws, en route customs inspection and immigration procedures for international intercity rail passenger transportation that will—
  • 49 U.S.C. § 24711(a)
    Go to provision →
    (a) Not later than 18 months after the date of enactment of the Passenger Rail Reform and Investment Act of 2015, the Secretary of Transportation shall promulgate a rule to implement a pilot program for competitive selection of eligible petitioners described in subsection (b)(3) in lieu of Amtrak to operate not more than 3 long-distance routes (as defined in section 24102) operated by Amtrak on the date of enactment of such Act.
  • 49 U.S.C. § 24711(b)(1)(A)
    Go to provision →
    (A) allow a petitioner described in paragraph (3) to petition the Secretary to provide intercity rail passenger transportation over a long-distance route described in subsection (a) for an operation period of 4 years from the date of commencement of service by the winning bidder and, at the option of the Secretary, consistent with the rule promulgated under subsection (a), allow the contract to be renewed for 1 additional operation period of 4 years;
  • 49 U.S.C. § 24711(b)(1)(B)
    Go to provision →
    (B) require the Secretary to—
    (i) notify the petitioner and Amtrak of receipt of the petition under subparagraph (A) and to publish in the Federal Register a notice of receipt not later than 30 days after the date of receipt;
    (ii) establish a deadline, of not more than 120 days after the notice of receipt is published in the Federal Register under clause (i), by which both the petitioner and Amtrak, if Amtrak chooses to do so, would be required to submit a complete bid to provide intercity rail passenger transportation over the applicable route; and
    (iii) upon selecting a winning bid, publish in the Federal Register the identity of the winning bidder, the long distance route that the bidder will operate, a detailed justification of the reasons why the Secretary selected the bid, and any other information the Secretary determines appropriate for public comment for a reasonable period of time not to exceed 30 days after the date on which the Secretary selects the bid;
  • 49 U.S.C. § 24711(b)(1)(B)(iii)
    Go to provision →
    (iii) upon selecting a winning bid, publish in the Federal Register the identity of the winning bidder, the long distance route that the bidder will operate, a detailed justification of the reasons why the Secretary selected the bid, and any other information the Secretary determines appropriate for public comment for a reasonable period of time not to exceed 30 days after the date on which the Secretary selects the bid;
  • 49 U.S.C. § 24711(b)(1)(C)(i)
    Go to provision →
    (i) describe the capital needs, financial projections, and operational plans, including staffing plans, for the service, and such other factors as the Secretary considers appropriate; and
  • 49 U.S.C. § 24711(b)(1)(D)
    Go to provision →
    (D) for a route that receives funding from a State or States, require that for each bid received from a petitioner described in paragraph (3), other than such State or States, the Secretary have the concurrence of the State or States that provide funding for that route; and
  • 49 U.S.C. § 24711(b)(1)(E)
    Go to provision →
    (E) for a winning bidder that is not or does not include Amtrak, require the Secretary to execute a contract not later than 270 days after the deadline established under subparagraph (B)(ii) and award to the winning bidder—
    (i) subject to paragraphs (4) and (5), the right and obligation to provide intercity rail passenger transportation over that route subject to such performance standards as the Secretary may require; and
    (ii) an operating subsidy, as determined by the Secretary, for—
    (I) the first year at a level that does not exceed 90 percent of the level in effect for that specific route during the fiscal year preceding the fiscal year in which the petition was received, adjusted for inflation; and
    (II) any subsequent years at the level calculated under subclause (I), adjusted for inflation.
  • 49 U.S.C. § 24711(b)(1)(E)(i)
    Go to provision →
    (i) subject to paragraphs (4) and (5), the right and obligation to provide intercity rail passenger transportation over that route subject to such performance standards as the Secretary may require; and
  • 49 U.S.C. § 24711(b)(1)(E)(ii)
    Go to provision →
    (ii) an operating subsidy, as determined by the Secretary, for—
    (I) the first year at a level that does not exceed 90 percent of the level in effect for that specific route during the fiscal year preceding the fiscal year in which the petition was received, adjusted for inflation; and
    (II) any subsequent years at the level calculated under subclause (I), adjusted for inflation.
  • 49 U.S.C. § 24711(c)
    Go to provision →
    (c) If the Secretary awards the right and obligation to provide intercity rail passenger transportation over a route described in this section to an eligible petitioner—
    (1) the Secretary shall, if necessary to carry out the purposes of this section, require Amtrak to provide access to the Amtrak-owned reservation system, stations, and facilities directly related to operations of the awarded routes to the eligible petitioner awarded a contract under this section, in accordance with subsection (g);
    (2) an employee of any person, except as provided in a collective bargaining agreement, used by such eligible petitioner in the operation of a route under this section shall be considered an employee of that eligible petitioner and subject to the applicable Federal laws and regulations governing similar crafts or classes of employees of Amtrak; and
    (3) the winning bidder shall provide hiring preference to qualified Amtrak employees displaced by the award of the bid, consistent with the staffing plan submitted by the bidder, and shall be subject to the grant conditions under section 22905.
  • 49 U.S.C. § 24711(c)(1)
    Go to provision →
    (1) the Secretary shall, if necessary to carry out the purposes of this section, require Amtrak to provide access to the Amtrak-owned reservation system, stations, and facilities directly related to operations of the awarded routes to the eligible petitioner awarded a contract under this section, in accordance with subsection (g);
  • 49 U.S.C. § 24711(d)
    Go to provision →
    (d) If an eligible petitioner awarded a route under this section ceases to operate the service or fails to fulfill an obligation under a contract required under subsection (b)(1)(E), the Secretary, in collaboration with the Surface Transportation Board, shall take any necessary action consistent with this title to enforce the contract and ensure the continued provision of service, including—
    (1) the installment of an interim rail carrier;
    (2) providing to the interim rail carrier under paragraph (1) an operating subsidy necessary to provide service; and
    (3) rebidding the contract to operate the intercity rail passenger transportation.
  • 49 U.S.C. § 24711(e)(1)
    Go to provision →
    (1) The Secretary shall provide to a winning bidder that is not or does not include Amtrak and that is selected under this section any appropriations withheld under section 11101(e) of the Passenger Rail Reform and Investment Act of 2015, or any subsequent appropriation for the same purpose, necessary to cover the operating subsidy described in subsection (b)(1)(E)(ii).
  • 49 U.S.C. § 24711(e)(2)
    Go to provision →
    (2) If the Secretary selects a winning bidder that is not or does not include Amtrak, the Secretary shall provide to Amtrak an appropriate portion of the appropriations under section 11101(b) of the Passenger Rail Reform and Investment Act of 2015, or any subsequent appropriation for the same purpose, to cover any cost directly attributable to the termination of Amtrak service on the route and any indirect costs to Amtrak imposed on other Amtrak routes as a result of losing service on the route operated by the winning bidder. Any amount provided by the Secretary to Amtrak under this paragraph shall not be deducted from or have any effect on the operating subsidy described in subsection (b)(1)(E)(ii).
  • 49 U.S.C. § 24711(f)
    Go to provision →
    (f) If the Secretary does not promulgate the final rule before the deadline under subsection (a), the Secretary shall, not later than 19 months after the date of enactment of the Passenger Rail Reform and Investment Act of 2015 and every 90 days thereafter until the rule is complete, notify the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives in writing—
    (1) the reasons why the rule has not been issued;
    (2) a plan for completing the rule as soon as reasonably practicable; and
    (3) the estimated date of completion of the rule.
  • 49 U.S.C. § 24712(a)(9)
    Go to provision →
    (9) Amounts made available by the Secretary of Transportation for the Committee may be used to carry out this section.
  • 49 U.S.C. § 24712(d)(1)
    Go to provision →
    (1) The Secretary may provide assistance to the parties in the course of negotiations for a contract for operation of a State-supported route.
  • 49 U.S.C. § 24712(d)(2)
    Go to provision →
    (2) From among available funds, the Secretary shall provide—
    (A) financial assistance to Amtrak or 1 or more States to perform requested independent technical analysis of issues before the Committee; and
    (B) administrative expenses that the Secretary determines necessary.
  • 49 U.S.C. § 24712(d)(2)(B)
    Go to provision →
    (B) administrative expenses that the Secretary determines necessary.
  • 49 U.S.C. § 24902(h)(1)
    Go to provision →
    (1) The Secretary of Transportation shall coordinate—
    (A) transportation programs related to the Northeast Corridor to ensure that the programs are integrated and consistent with the Northeast Corridor improvement program; and
    (B) amounts from departments, agencies, and instrumentalities of the Government to achieve urban redevelopment and revitalization in the vicinity of urban rail stations in the Northeast Corridor served by intercity and commuter rail passenger transportation.
  • 49 U.S.C. § 24902(h)(2)
    Go to provision →
    (2) If the Secretary finds significant noncompliance with this section, the Secretary may deny financing to a noncomplying program until the noncompliance is corrected.
  • 49 U.S.C. § 24904(b)(1)(B)(i)
    Go to provision →
    (i) the Secretary of Transportation;
  • 49 U.S.C. § 24905(a)(1)
    Go to provision →
    (1) Within 180 days after the date of enactment of the Passenger Rail Investment and Improvement Act of 2008, the Secretary of Transportation shall establish a Northeast Corridor Commission (referred to in this section as the “Commission”) to promote mutual cooperation and planning pertaining to the rail operations, infrastructure investments, and related activities of the Northeast Corridor. The Commission shall be made up of—
    (A) members representing Amtrak;
    (B) members representing the Department of Transportation, including the Office of the Secretary, the Federal Railroad Administration, and the Federal Transit Administration;
    (C) 1 member from each of the States (including the District of Columbia) that constitute the Northeast Corridor as defined in section 24102, designated by, and serving at the pleasure of, the chief executive officer thereof; and
    (D) non-voting representatives of freight and commuter railroad carriers authorities using the Northeast Corridor selected by the Secretary.
  • 49 U.S.C. § 24905(a)(1)(B)
    Go to provision →
    (B) members representing the Department of Transportation, including the Office of the Secretary, the Federal Railroad Administration, and the Federal Transit Administration;
  • 49 U.S.C. § 24905(a)(1)(D)
    Go to provision →
    (D) non-voting representatives of freight and commuter railroad carriers authorities using the Northeast Corridor selected by the Secretary.
  • 49 U.S.C. § 24905(a)(2)
    Go to provision →
    (2) The Secretary shall ensure that the membership belonging to any of the groups enumerated under paragraph (1) shall not constitute a majority of the Commission’s memberships.
  • 49 U.S.C. § 24905(d)
    Go to provision →
    (d) There are authorized to be appropriated to the Secretary for the use of the Commission and the Northeast Corridor Safety Committee such sums as may be necessary to carry out this section during fiscal years 2022 through 2026, in addition to any amounts withheld under section 22101(e) of the Passenger Rail Expansion and Rail Safety Act of 2021.
  • 49 U.S.C. § 24905(e)(1)
    Go to provision →
    (1) The Secretary shall establish a Northeast Corridor Safety Committee composed of members appointed by the Secretary. The members shall be representatives of—
    (A) the Department of Transportation, including the Federal Railroad Administration;
    (B) Amtrak;
    (C) freight carriers operating more than 150,000 train miles a year on the main line of the Northeast Corridor;
    (D) commuter rail agencies;
    (E) rail passengers;
    (F) rail labor; and
    (G) other individuals and organizations the Secretary decides have a significant interest in rail safety or security.
  • 49 U.S.C. § 24905(e)(1)(G)
    Go to provision →
    (G) other individuals and organizations the Secretary decides have a significant interest in rail safety or security.
  • 49 U.S.C. § 24905(e)(2)
    Go to provision →
    (2) The Committee established under this subsection ceases to exist on the date that the Secretary determines positive train control, as required by section 20157, is fully implemented along the Northeast Corridor.
  • 49 U.S.C. § 24906(a)
    Go to provision →
    (a) In consultation with the States on the main line of the Northeast Corridor, the Secretary of Transportation shall develop a plan not later than September 30, 1993, to eliminate all highway at-grade crossings of the main line by not later than December 31, 1997. The plan may provide that eliminating a crossing is not required if—
    (1) impracticable or unnecessary; and
    (2) using the crossing is consistent with conditions the Secretary considers appropriate to ensure safety.
  • 49 U.S.C. § 24906(a)(2)
    Go to provision →
    (2) using the crossing is consistent with conditions the Secretary considers appropriate to ensure safety.
  • 49 U.S.C. § 24907(a)
    Go to provision →
    (a) To secure amounts expended by the United States Government to acquire and improve rail property designated under section 206(c)(1)(C) and (D) of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 716(c)(1)(C) and (D)), the Secretary of Transportation may obtain a note of indebtedness from, and make a mortgage agreement with, Amtrak to establish a mortgage lien on the property for the Government. The note and mortgage may not supersede section 24903.
  • 49 U.S.C. § 24909(a)(1)
    Go to provision →
    (1) Not more than $2,313,000,000 may be appropriated to the Secretary of Transportation to achieve the goals of section 24902(a)(1)1 of this title. From this amount, the following amounts shall be expended by Amtrak:
    (A) at least $27,000,000 for equipment modification and replacement that a State or a local or regional transportation authority must bear because of the electrification conversion system of the Northeast Corridor under this chapter.
    (B) $30,000,000—
    (i) to improve the main line track between the Northeast Corridor main line and Atlantic City, New Jersey, to ensure that the track, consistent with a plan New Jersey developed in consultation with Amtrak to provide rail passenger transportation between the Northeast Corridor main line and Atlantic City, New Jersey, would be of sufficient quality to allow safe rail passenger transportation at a minimum of 79 miles an hour not later than September 30, 1985; and
    (ii) to promote rail passenger use of the track.
    (C) necessary amounts to—
    (i) develop Union Station in the District of Columbia;
    (ii) install 189 track-miles, and renew 133 track-miles, of concrete ties with continuously welded rail between the District of Columbia and New York, New York;
    (iii) install reverse signaling between Philadelphia, Pennsylvania, and Morrisville, Pennsylvania, on numbers 2 and 3 track;
    (iv) restore ditch drainage in concrete tie locations between the District of Columbia and New York, New York;
    (v) undercut 83 track-miles between the District of Columbia and New York, New York;
    (vi) rehabilitate bridges between the District of Columbia and New York, New York (including Hi line);
    (vii) develop a maintenance of way equipment repair facility between the District of Columbia and New York, New York, and build maintenance of way bases at Philadelphia, Pennsylvania, Sunnyside, New York, and Cedar Hill, Connecticut;
    (viii) stabilize the roadbed between the District of Columbia and New York, New York;
    (ix) automate the Bush River Drawbridge at milepost 72.14;
    (x) improve the New York Service Facility to develop rolling stock repair capability;
    (xi) install a rail car washer facility at Philadelphia, Pennsylvania;
    (xii) restore storage tracks and buildings at the Washington Service Facility;
    (xiii) install centralized traffic control from Landlith, Delaware, to Philadelphia, Pennsylvania;
    (xiv) improve track, including high speed surfacing, ballast cleaning, and associated equipment repair and material distribution;
    (xv) rehabilitate interlockings between the District of Columbia and New York, New York;
    (xvi) paint the Connecticut River, Groton, and Pelham Bay bridges;
    (xvii) provide additional catenary renewal and power supply upgrading between the District of Columbia and New York, New York;
    (xviii) rehabilitate structural, electrical, and mechanical systems at the William H. Gray III 30th Street Station in Philadelphia, Pennsylvania;
    (xix) install evacuation and fire protection facilities in tunnels in New York, New York;
    (xx) improve the communication and signal systems between Wilmington, Delaware, and Boston, Massachusetts, on the Northeast Corridor main line, and between Philadelphia, Pennsylvania, and Harrisburg, Pennsylvania, on the Harrisburg Line;
    (xxi) improve the electric traction systems between Wilmington, Delaware, and Newark, New Jersey;
    (xxii) install baggage rack restraints, seat back guards, and seat lock devices on 348 passenger cars operating in the Northeast Corridor;
    (xxiii) install 44 event recorders and 10 electronic warning devices on locomotives operating within the Northeast Corridor; and
    (xxiv) acquire cab signal test boxes and install 9 wayside loop code transmitters for use within the Northeast Corridor.
  • 49 U.S.C. § 24909(a)(2)
    Go to provision →
    (2) The following additional amounts may be appropriated to the Secretary for expenditure by Amtrak:
    (A) not more than $150,000,000 to achieve the goal of section 24902(a)(3)1 of this title.
    (B) not more than $120,000,000 to acquire interests in property in the Northeast Corridor.
    (C) not more than $650,000 to develop and use mobile radio frequencies for passenger radio mobile telephone service on high-speed rail passenger transportation.
    (D) not more than $20,000,000 to acquire and improve interests in rail property designated under section 206(c)(1)(D) of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 716(c)(1)(D)).
    (E) not more than $37,000,000 to carry out section 24902(a)(7) and (j)1 of this title.
  • 49 U.S.C. § 24910(a)
    Go to provision →
    (a) The Secretary shall establish and carry out a rail cooperative research program. The program shall—
    (1) address, among other matters, intercity rail passenger and freight rail services, including existing rail passenger and freight technologies and speeds, incrementally enhanced rail systems and infrastructure, and new high-speed wheel-on-rail systems;
    (2) address ways to expand the transportation of international trade traffic by rail, enhance the efficiency of intermodal interchange at ports and other intermodal terminals, and increase capacity and availability of rail service for seasonal freight needs;
    (3) consider research on the interconnectedness of commuter rail, passenger rail, freight rail, and other rail networks; and
    (4) give consideration to regional concerns regarding rail passenger and freight transportation, including meeting research needs common to designated high-speed corridors, long-distance rail services, and regional intercity rail corridors, projects, and entities.
  • 49 U.S.C. § 24910(c)(1)
    Go to provision →
    (1) In consultation with the heads of appropriate Federal departments and agencies, the Secretary shall establish an advisory board to recommend research, technology, and technology transfer activities related to rail passenger and freight transportation.
  • 49 U.S.C. § 24910(d)
    Go to provision →
    (d) The Secretary may make grants to, and enter into cooperative agreements with, the National Academy of Sciences to carry out such activities relating to the research, technology, and technology transfer activities described in subsection (b) as the Secretary deems appropriate.
  • 49 U.S.C. § 24910(e)
    Go to provision →
    (e) There are authorized to be appropriated to the Secretary of Transportation $5,000,000 for each of fiscal years 2010 through 2013 for carrying out this section.
  • 49 U.S.C. § 24911(b)
    Go to provision →
    (b) The Secretary of Transportation shall develop and implement a program for issuing grants to applicants, on a competitive basis, to fund capital projects that reduce the state of good repair backlog, improve performance, or expand or establish new intercity passenger rail service, including privately operated intercity passenger rail service if an eligible applicant is involved;.1
  • 49 U.S.C. § 24911(c)(2)
    Go to provision →
    (2) A project to improve intercity passenger rail service performance, including reduced trip times, increased train frequencies, higher operating speeds, improved reliability, expanded capacity, reduced congestion, electrification, and other improvements, as determined by the Secretary.
  • 49 U.S.C. § 24911(d)(1)
    Go to provision →
    (1) for projects located on the Northeast Corridor, the Secretary shall—
    (A) make selections consistent with the Northeast Corridor Project Inventory published pursuant to subsection (e)(1), unless when necessary to address materially changed infrastructure or service conditions, changes in project sponsor capabilities or commitments, or other significant changes since the completion of the most recently issued Northeast Corridor Project Inventory; and
    (B) for projects that benefit intercity and commuter rail services, only make such selections when Amtrak and the public authorities providing commuter rail passenger transportation at the eligible project location—
    (i) are in compliance with section 24905(c)(2); and
    (ii) identify funding for the intercity passenger rail share, the commuter rail share, and the local share of the eligible project before the commencement of the project;
  • 49 U.S.C. § 24911(d)(2)
    Go to provision →
    (2) for projects not located on the Northeast Corridor, the Secretary shall—
    (A) give preference to eligible projects—
    (i) for which Amtrak is not the sole applicant;
    (ii) that improve the financial performance, reliability, service frequency, or address the state of good repair of an Amtrak route; and
    (iii) that are identified in, and consistent with, a corridor inventory prepared under the Corridor Identification and Development Program pursuant to section 25101; and
    (B) take into account—
    (i) the cost-benefit analysis of the proposed project, including anticipated private and public benefits relative to the costs of the proposed project, including—
    (I) effects on system and service performance, including as measured by applicable metrics set forth in part 273 of title 49, Code of Federal Regulations (or successor regulations);
    (II) effects on safety, competitiveness, reliability, trip or transit time, greenhouse gas emissions, and resilience;
    (III) anticipated positive economic and employment impacts, including development in areas near passenger stations, historic districts, or other opportunity zones;
    (IV) efficiencies from improved connections with other modes; and
    (V) ability to meet existing or anticipated demand;
    (ii) the degree to which the proposed project’s business plan considers potential private sector participation in the financing, construction, or operation of the proposed project;
    (iii) the applicant’s past performance in developing and delivering similar projects, and previous financial contributions;
    (iv) whether the applicant has, or will have—
    (I) the legal, financial, and technical capacity to carry out the project;
    (II) satisfactory continuing access to the equipment or facilities; and
    (III) the capability and willingness to maintain the equipment or facilities;
    (v) if applicable, the consistency of the project with planning guidance and documents set forth by the Secretary or otherwise required by law;
    (vi) whether the proposed project serves historically unconnected or underconnected communities; and
    (vii) any other relevant factors, as determined by the Secretary; and
  • 49 U.S.C. § 24911(d)(2)(B)(v)
    Go to provision →
    (v) if applicable, the consistency of the project with planning guidance and documents set forth by the Secretary or otherwise required by law;
  • 49 U.S.C. § 24911(d)(2)(B)(vii)
    Go to provision →
    (vii) any other relevant factors, as determined by the Secretary; and
  • 49 U.S.C. § 24911(d)(3)
    Go to provision →
    (3) the Secretary shall reserve—
    (A) not less than 45 percent of the amounts appropriated for grants under this section for projects not located along the Northeast Corridor, of which not less than 20 percent shall be for projects that benefit (in whole or in part) a long-distance route; and
    (B) not less than 45 percent of the amounts appropriated for grants under this section for projects listed on the Northeast Corridor project inventory published pursuant to subsection (e)(1).
  • 49 U.S.C. § 24911(e)
    Go to provision →
    (e) Not later than 1 year after the date of enactment of the Passenger Rail Expansion and Rail Safety Act of 2021, and every 2 years thereafter, the Secretary shall create a predictable project pipeline that will assist Amtrak, States, and the public with long-term capital planning by publishing a Northeast Corridor project inventory that—
    (1) identifies capital projects for Federal investment, project applicants, and proposed Federal funding levels under this section;
    (2) specifies the order in which the Secretary will provide grant funding to projects that have identified sponsors and are located along the Northeast Corridor, including a method and plan for apportioning funds to project sponsors for the 2-year period, which may be altered by the Secretary, as necessary, if recipients are not carrying out projects in accordance with the anticipated schedule;
    (3) takes into consideration the appropriate sequence and phasing of projects described in the Northeast Corridor capital investment plan developed pursuant to section 24904(a);2
    (4) is consistent with the most recent Northeast Corridor service development plan update described in section 24904(d);3
    (5) takes into consideration the existing commitments and anticipated Federal, project applicant, sponsor, and other relevant funding levels for the next 5 fiscal years based on information currently available to the Secretary; and
    (6) is developed in consultation with the Northeast Corridor Commission and the owners of Northeast Corridor infrastructure and facilities.
  • 49 U.S.C. § 24911(e)(2)
    Go to provision →
    (2) specifies the order in which the Secretary will provide grant funding to projects that have identified sponsors and are located along the Northeast Corridor, including a method and plan for apportioning funds to project sponsors for the 2-year period, which may be altered by the Secretary, as necessary, if recipients are not carrying out projects in accordance with the anticipated schedule;
  • 49 U.S.C. § 24911(e)(5)
    Go to provision →
    (5) takes into consideration the existing commitments and anticipated Federal, project applicant, sponsor, and other relevant funding levels for the next 5 fiscal years based on information currently available to the Secretary; and
  • 49 U.S.C. § 24911(f)(1)
    Go to provision →
    (1) The Secretary shall estimate the total cost of a project under this section based on the best available information, including engineering studies, studies of economic feasibility, environmental analyses, and information on the expected use of equipment or facilities.
  • 49 U.S.C. § 24911(g)(1)
    Go to provision →
    (1) The Secretary may issue a letter of intent to a grantee under this section that—
    (A) announces an intention to obligate, for a major capital project under this section, an amount from future available budget authority specified in law that is not more than the amount stipulated as the financial participation of the Secretary in the project; and
    (B) states that the contingent commitment—
    (i) is not an obligation of the Federal Government; and
    (ii) is subject to the availability of appropriations for grants under this section and subject to Federal laws in force or enacted after the date of the contingent commitment.
  • 49 U.S.C. § 24911(g)(1)(A)
    Go to provision →
    (A) announces an intention to obligate, for a major capital project under this section, an amount from future available budget authority specified in law that is not more than the amount stipulated as the financial participation of the Secretary in the project; and
  • 49 U.S.C. § 24911(g)(2)(A)
    Go to provision →
    (A) The Secretary may enter into a phased funding agreement with an applicant if—
    (i) the project is highly rated, based on the evaluations and ratings conducted pursuant to this section and the applicable notice of funding opportunity; and
    (ii) the Federal assistance to be provided for the project under this section is more than $80,000,000.
  • 49 U.S.C. § 24911(g)(2)(C)(iii)
    Go to provision →
    (iii) Interest and other financing costs of efficiently carrying out a part of the project within a reasonable time are a cost of carrying out the project under a phased funding agreement, except that eligible costs may not be more than the cost of the most favorable financing terms reasonably available for the project at the time of borrowing. The applicant shall certify, to the satisfaction of the Secretary, that the applicant has shown reasonable diligence in seeking the most favorable financing terms.
  • 49 U.S.C. § 24911(g)(2)(C)(iv)
    Go to provision →
    (iv) If an applicant does not carry out the project for reasons within the control of the applicant, the applicant shall repay all Federal grant funds awarded for the project from all Federal funding sources, for all project activities, facilities, and equipment, plus reasonable interest and penalty charges allowable by law or established by the Secretary in the phased funding agreement. For purposes of this clause, a process for complying with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) that results in the selection of the no build alternative is not within the applicant’s control.
  • 49 U.S.C. § 24911(g)(3)(A)
    Go to provision →
    (A) Not later than 30 days before issuing a phased funding agreement under paragraph (2) or a letter under paragraph (1), the Secretary shall submit written notification to—
    (i) the Committee on Commerce, Science, and Transportation of the Senate;
    (ii) the Committee on Appropriations of the Senate;
    (iii) the Committee on Transportation and Infrastructure of the House of Representatives; and
    (iv) the Committee on Appropriations of the House of Representatives.
  • 49 U.S.C. § 24911(g)(4)(A)
    Go to provision →
    (A) The Secretary may enter into phased funding agreements under this subsection that contain contingent commitments to incur obligations in such amounts as the Secretary determines are appropriate.
  • 49 U.S.C. § 24911(j)
    Go to provision →
    (j) Not later than the first Monday in February of each year, the Secretary shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Appropriations of the Senate, the Committee on Transportation and Infrastructure of the House of Representatives, and the Committee on Appropriations of the House of Representatives that includes—
    (1) a proposal for the allocation of amounts to be available to finance grants for projects under this section among applicants for such amounts;
    (2) evaluations and ratings, as applicable, for each project that has received a phased funding agreement or a letter of intent; and
    (3) recommendations for each project that has received a phased funding agreement or a letter of intent for funding based on the evaluations and ratings, as applicable, and on existing commitments and anticipated funding levels for the next 3 fiscal years based on information currently available to the Secretary.
  • 49 U.S.C. § 24911(j)(3)
    Go to provision →
    (3) recommendations for each project that has received a phased funding agreement or a letter of intent for funding based on the evaluations and ratings, as applicable, and on existing commitments and anticipated funding levels for the next 3 fiscal years based on information currently available to the Secretary.
  • 49 U.S.C. § 24911(k)
    Go to provision →
    (k) The Secretary may withhold up to 5 percent of the total amount made available for this section to carry out planning and development activities related to section 25101, including—
    (1) providing funding to public entities for the development of service development plans selected under the Corridor Identification and Development Program;
    (2) facilitating and providing guidance for intercity passenger rail systems planning; and
    (3) providing funding for the development and refinement of intercity passenger rail systems planning analytical tools and models.
  • 49 U.S.C. § 25101(a)
    Go to provision →
    (a) Not later than 180 days after the date of enactment of the Passenger Rail Expansion and Rail Safety Act of 2021, the Secretary of Transportation shall establish a program to facilitate the development of intercity passenger rail corridors. The program shall include—
    (1) a process for eligible entities described in subsection (b) to submit proposals for the development of intercity passenger rail corridors;
    (2) a process for the Secretary to review and select proposals in accordance with subsection (c);
    (3) criteria for determining the level of readiness for Federal financial assistance of an intercity passenger rail corridor, which shall include—
    (A) identification of a service operator which may include Amtrak or private rail carriers;
    (B) identification of a service sponsor or sponsors;
    (C) identification capital project sponsors;
    (D) engagement with the host railroads; and
    (E) other criteria as determined appropriate by the Secretary;
    (4) a process for preparing service development plans in accordance with subsection (d), including the identification of planning funds, such as funds made available under section 24911(k) and interstate rail compact grants established under section 22210;1
    (5) the creation of a pipeline of intercity passenger rail corridor projects under subsection (g);
    (6) planning guidance to achieve the purposes of this section, including guidance for intercity passenger rail corridors not selected under this section; and
    (7) such other features as the Secretary considers relevant to the successful development of intercity passenger rail corridors.
  • 49 U.S.C. § 25101(a)(2)
    Go to provision →
    (2) a process for the Secretary to review and select proposals in accordance with subsection (c);
  • 49 U.S.C. § 25101(a)(3)(E)
    Go to provision →
    (E) other criteria as determined appropriate by the Secretary;
  • 49 U.S.C. § 25101(a)(7)
    Go to provision →
    (7) such other features as the Secretary considers relevant to the successful development of intercity passenger rail corridors.
  • 49 U.S.C. § 25101(b)
    Go to provision →
    (b) The Secretary may receive proposals under this section from Amtrak, States, groups of States, entities implementing interstate compacts, regional passenger rail authorities, regional planning organizations, political subdivisions of a State, federally recognized Indian Tribes, and other public entities, as determined by the Secretary.
  • 49 U.S.C. § 25101(c)
    Go to provision →
    (c) In selecting intercity passenger rail corridors pursuant to subsection (a), the Secretary shall consider—
    (1) whether the route was identified as part of a regional or interregional intercity passenger rail systems planning study;
    (2) projected ridership, revenues, capital investment, and operating funding requirements;
    (3) anticipated environmental, congestion mitigation, and other public benefits;
    (4) projected trip times and their competitiveness with other transportation modes;
    (5) anticipated positive economic and employment impacts, including development in the areas near passenger stations, historic districts, or other opportunity zones;
    (6) committed or anticipated State, regional transportation authority, or other non-Federal funding for operating and capital costs;
    (7) benefits to rural communities;
    (8) whether the corridor is included in a State’s approved State rail plan developed pursuant to chapter 227;
    (9) whether the corridor serves historically unserved or underserved and low-income communities or areas of persistent poverty;
    (10) whether the corridor would benefit or improve connectivity with existing or planned transportation services of other modes;
    (11) whether the corridor connects at least 2 of the 100 most populated metropolitan areas;
    (12) whether the corridor would enhance the regional equity and geographic diversity of intercity passenger rail service;
    (13) whether the corridor is or would be integrated into the national rail passenger transportation system and whether the corridor would create benefits for other passenger rail routes and services; and
    (14) whether a passenger rail operator, including a private rail carrier, has expressed support for the corridor.
  • 49 U.S.C. § 25101(d)
    Go to provision →
    (d) For each corridor proposal selected for development under this section, the Secretary shall partner with the entity that submitted the proposal, relevant States, and Amtrak, as appropriate, to prepare a service development plan (or to update an existing service development plan), which shall include—
    (1) a detailed description of the proposed intercity passenger rail service, including train frequencies, peak and average operating speeds, and trip times;
    (2) a corridor project inventory that—
    (A) identifies the capital projects necessary to achieve the proposed intercity passenger rail service, including—
    (i) the capital projects for which Federal investment will be sought;
    (ii) the likely project applicants; and
    (iii) the proposed Federal funding levels;
    (B) specifies the order in which Federal funding will be sought for the capital projects identified under subparagraph (A), after considering the appropriate sequence and phasing of projects based on the anticipated availability of funds; and
    (C) is developed in consultation with the entities listed in subsection (e);
    (3) a schedule and any associated phasing of projects and related service initiation or changes;
    (4) project sponsors and other entities expected to participate in carrying out the plan;
    (5) a description of how the corridor would comply with Federal rail safety and security laws, orders, and regulations;
    (6) the locations of existing and proposed stations;
    (7) the needs for rolling stock and other equipment;
    (8) a financial plan identifying projected—
    (A) annual revenues;
    (B) annual ridership;
    (C) capital investments before service could be initiated;
    (D) capital investments required to maintain service;
    (E) annual operating and costs; and
    (F) sources of capital investment and operating financial support;
    (9) a description of how the corridor would contribute to the development of a multi-State regional network of intercity passenger rail;
    (10) an intermodal plan describing how the new or improved corridor facilitates travel connections with other passenger transportation services;
    (11) a description of the anticipated environmental benefits of the corridor; and
    (12) a description of the corridor’s impacts on highway and aviation congestion, energy consumption, land use, and economic development in the service area.
  • 49 U.S.C. § 25101(e)
    Go to provision →
    (e) In partnering on the preparation of a service development plan under subsection (d), the Secretary shall consult with—
    (1) Amtrak;
    (2) appropriate State and regional transportation authorities and local officials;
    (3) representatives of employee labor organizations representing railroad and other appropriate employees;
    (4) host railroads for the proposed corridor; and
    (5) other stakeholders, as determined by the Secretary.
  • 49 U.S.C. § 25101(e)(5)
    Go to provision →
    (5) other stakeholders, as determined by the Secretary.
  • 49 U.S.C. § 25101(f)
    Go to provision →
    (f) Every 5 years, after the initial development of the service development plan under subsection (d), if at least 40 percent of the work to implement a service development plan prepared under subsection (d) has not yet been completed, the plan’s sponsor, in consultation with the Secretary, shall determine whether such plan should be updated.
  • 49 U.S.C. § 25101(g)
    Go to provision →
    (g) Not later than 1 year after the establishment of the program under this section, and by February 1st of each year thereafter, the Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Appropriations of the Senate, and the Committee on Transportation and Infrastructure of the House of Representatives, and the Committee on Appropriations of the House of Representatives a project pipeline, in accordance with this section, that—
    (1) identifies intercity passenger rail corridors selected for development under this section;
    (2) identifies capital projects for Federal investment, project applicants, and proposed Federal funding levels, as applicable, consistent with the corridor project inventory;
    (3) specifies the order in which the Secretary would provide Federal financial assistance, subject to the availability of funds, to projects that have identified sponsors, including a method and plan for apportioning funds to project sponsors for a 5-year period, which may be altered by the Secretary, as necessary, if recipients are not carrying out projects on the anticipated schedule;
    (4) takes into consideration the appropriate sequence and phasing of projects described in the corridor project inventory;
    (5) takes into consideration the existing commitments and anticipated Federal, project applicant, sponsor, and other relevant funding levels for the next 5 fiscal years based on information currently available to the Secretary;
    (6) is prioritized based on the level of readiness of the corridor; and
    (7) reflects consultation with Amtrak.
  • 49 U.S.C. § 25101(g)(3)
    Go to provision →
    (3) specifies the order in which the Secretary would provide Federal financial assistance, subject to the availability of funds, to projects that have identified sponsors, including a method and plan for apportioning funds to project sponsors for a 5-year period, which may be altered by the Secretary, as necessary, if recipients are not carrying out projects on the anticipated schedule;
  • 49 U.S.C. § 25101(g)(5)
    Go to provision →
    (5) takes into consideration the existing commitments and anticipated Federal, project applicant, sponsor, and other relevant funding levels for the next 5 fiscal years based on information currently available to the Secretary;
  • 49 U.S.C. § 26101(a)(1)
    Go to provision →
    (1) The Secretary may provide under this section financial assistance to a public agency or group of public agencies for corridor planning for up to 50 percent of the publicly financed costs associated with eligible activities.
  • 49 U.S.C. § 26101(b)(1)
    Go to provision →
    (1) A corridor planning activity is eligible for financial assistance under subsection (a) if the Secretary determines that it is necessary to establish appropriate engineering, operational, financial, environmental, or socioeconomic projections for the establishment of high-speed rail service in the corridor and that it leads toward development of a prudent financial and institutional plan for implementation of specific high-speed rail improvements, or if it is an activity described in subparagraph (M). Eligible corridor planning activities include—
    (A) environmental assessments;
    (B) feasibility studies emphasizing commercial technology improvements or applications;
    (C) economic analyses, including ridership, revenue, and operating expense forecasting;
    (D) assessing the impact on rail employment of developing high-speed rail corridors;
    (E) assessing community economic impacts;
    (F) coordination with State and metropolitan area transportation planning and corridor planning with other States;
    (G) operational planning;
    (H) route selection analyses and purchase of rights-of-way for proposed high-speed rail service;
    (I) preliminary engineering and design;
    (J) identification of specific improvements to a corridor, including electrification, line straightening and other right-of-way improvements, bridge rehabilitation and replacement, use of advanced locomotives and rolling stock, ticketing, coordination with other modes of transportation, parking and other means of passenger access, track, signal, station, and other capital work, and use of intermodal terminals;
    (K) preparation of financing plans and prospectuses;
    (L) creation of public/private partnerships; and
    (M) the acquisition of locomotives, rolling stock, track, and signal equipment.
  • 49 U.S.C. § 26101(c)
    Go to provision →
    (c) Selection by the Secretary of recipients of financial assistance under this section shall be based on such criteria as the Secretary considers appropriate, including—
    (1) the relationship of the corridor to the Secretary’s national high-speed ground transportation policy;
    (2) the extent to which the proposed planning focuses on systems which will achieve sustained speeds of 125 mph or greater;
    (3) the integration of the corridor into metropolitan area and statewide transportation planning;
    (4) the potential interconnection of the corridor with other parts of the Nation’s transportation system, including the interconnection with other countries;
    (5) the anticipated effect of the corridor on the congestion of other modes of transportation;
    (6) whether the work to be funded will aid the efforts of State and local governments to comply with the Clean Air Act (42 U.S.C. 7401 et seq.);
    (7) the past and proposed financial commitments and other support of State and local governments and the private sector to the proposed high-speed rail program, including the acquisition of rolling stock;
    (8) the estimated level of ridership;
    (9) the estimated capital cost of corridor improvements, including the cost of closing, improving, or separating highway-rail grade crossings;
    (10) rail transportation employment impacts;
    (11) community economic impacts;
    (12) the extent to which the projected revenues of the proposed high-speed rail service, along with any financial commitments of State or local governments and the private sector, are expected to cover capital costs and operating and maintenance expenses;
    (13) whether a specific route has been selected, specific improvements identified, and capacity studies completed; and
    (14) whether the corridor has been designated as a high-speed rail corridor by the Secretary.
  • 49 U.S.C. § 26101(c)(1)
    Go to provision →
    (1) the relationship of the corridor to the Secretary’s national high-speed ground transportation policy;
  • 49 U.S.C. § 26101(c)(14)
    Go to provision →
    (14) whether the corridor has been designated as a high-speed rail corridor by the Secretary.
  • 49 U.S.C. § 26102(a)
    Go to provision →
    (a) The Secretary may undertake activities for the improvement, adaptation, and integration of proven technologies for commercial application in high-speed rail service in the United States.
  • 49 U.S.C. § 26102(b)
    Go to provision →
    (b) In carrying out activities authorized by subsection (a), the Secretary may provide financial assistance to any United States private business, educational institution located in the United States, State or local government or public authority, or agency of the Federal Government.
  • 49 U.S.C. § 26102(c)
    Go to provision →
    (c) In carrying out activities authorized by subsection (a), the Secretary shall consult with such other governmental agencies as may be necessary concerning the availability of appropriate technologies for commercial application in high-speed rail service in the United States.
  • 49 U.S.C. § 26103
    Go to provision →
    The Secretary—
  • 49 U.S.C. § 26104(a)
    Go to provision →
    (a) There are authorized to be appropriated to the Secretary—
    (1) $30,000,000 for carrying out section 26101; and
    (2) $30,000,000 for carrying out section 26102,
    for each of the fiscal years 2006 through 2013.
  • 49 U.S.C. § 26105(4)
    Go to provision →
    (4) the term “Secretary” means the Secretary of Transportation;
  • 49 U.S.C. § 26106(a)
    Go to provision →
    (a) The Secretary of Transportation shall establish and implement a high-speed rail corridor development program.
  • 49 U.S.C. § 26106(b)(2)
    Go to provision →
    (2) The term “corridor” means a corridor designated by the Secretary pursuant to section 104(d)(2)1 of title 23.
  • 49 U.S.C. § 26106(c)
    Go to provision →
    (c) The Secretary may make grants under this section to an applicant to finance capital projects in high-speed rail corridors.
  • 49 U.S.C. § 26106(d)
    Go to provision →
    (d) Each applicant seeking to receive a grant under this section to develop a high-speed rail corridor shall submit to the Secretary an application in such form and in accordance with such requirements as the Secretary shall establish.
  • 49 U.S.C. § 26106(e)(1)
    Go to provision →
    (1) The Secretary shall—
    (A) establish criteria for selecting among projects that meet the criteria specified in paragraph (2);
    (B) conduct a national solicitation for applications; and
    (C) award grants on a competitive basis.
  • 49 U.S.C. § 26106(e)(2)
    Go to provision →
    (2) The Secretary, in selecting the recipients of high-speed rail development grants to be provided under subsection (c), shall—
    (A) require—
    (i) that the project be part of a State rail plan developed under chapter 227 of this title, or under the plan required by section 211 of the Passenger Rail Investment and Improvement Act of 2008;
    (ii) that the applicant or recipient has or will have the legal, financial, and technical capacity 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;
    (iii) that the project be based on the results of preliminary engineering studies or other planning, including corridor planning activities funded under section 26101 of this title;
    (iv) that the applicant provides sufficient information upon which the Secretary can make the findings required by this subsection;
    (v) that if an applicant has selected the proposed operator of its service, that the applicant provide written justification to the Secretary showing why the proposed operator is the best, taking into account costs and other factors;
    (vi) that each proposed project meet all safety and security requirements that are applicable to the project under law; and
    (vii) that each project be compatible with, and operated in conformance with—
    (I) plans developed pursuant to the requirements of section 135 of title 23; and
    (II) the national rail plan (if it is available);
    (B) select high-speed rail projects—
    (i) that are anticipated to result in significant improvements to intercity rail passenger service, including, but not limited to, consideration of the project’s—
    (I) levels of estimated ridership, increased on-time performance, reduced trip time, additional service frequency to meet anticipated or existing demand, or other significant service enhancements as measured against minimum standards developed under section 207 of the Passenger Rail Investment and Improvement Act of 2008;
    (II) anticipated favorable impact on air or highway traffic congestion, capacity, or safety; and
    (ii) for which there is a high degree of confidence that the proposed project is feasible and will result in the anticipated benefits, as indicated by—
    (I) the project’s precommencement compliance with environmental protection requirements;
    (II) the readiness of the project to be commenced;
    (III) the commitment of any affected host rail carrier to ensure the realization of the anticipated benefits; and
    (IV) other relevant factors as determined by the Secretary;
    (iii) for which the level of the anticipated benefits compares favorably to the amount of Federal funding requested under this section; and
    (C) give greater consideration to projects—
    (i) that are anticipated to result in benefits to other modes of transportation and to the public at large, including, but not limited to, consideration of the project’s—
    (I) encouragement of intermodal connectivity through provision of direct connections between train stations, airports, bus terminals, subway stations, ferry ports, and other modes of transportation;
    (II) anticipated improvement of conventional intercity passenger, freight, or commuter rail operations;
    (III) use of positive train control technologies;
    (IV) environmental benefits, including projects that involve the purchase of environmentally sensitive, fuel-efficient, and cost-effective passenger rail equipment;
    (V) anticipated positive economic and employment impacts;
    (VI) encouragement of State and private contributions toward station development, energy and environmental efficiency, and economic benefits; and
    (VII) falling under the description in section 5302(a)(1)(G)1 of this title as defined to support intercity passenger rail service; and
    (ii) that incorporate equitable financial participation in the project’s financing, including, but not limited to, consideration of—
    (I) donated property interests or services;
    (II) financial contributions by intercity passenger, freight, and commuter rail carriers commensurate with the benefit expected to their operations; and
    (III) financial commitments from host railroads, non-Federal governmental entities, non-governmental entities, and others.
  • 49 U.S.C. § 26106(e)(2)(A)(iv)
    Go to provision →
    (iv) that the applicant provides sufficient information upon which the Secretary can make the findings required by this subsection;
  • 49 U.S.C. § 26106(e)(2)(A)(v)
    Go to provision →
    (v) that if an applicant has selected the proposed operator of its service, that the applicant provide written justification to the Secretary showing why the proposed operator is the best, taking into account costs and other factors;
  • 49 U.S.C. § 26106(e)(2)(B)(ii)(IV)
    Go to provision →
    (IV) other relevant factors as determined by the Secretary;
  • 49 U.S.C. § 26106(e)(3)
    Go to provision →
    (3) The Secretary shall require each recipient of a grant under this chapter to comply with the grant requirements of section 22905.
  • 49 U.S.C. § 26106(e)(4)
    Go to provision →
    (4) State rail plans completed before the date of enactment of the Passenger Rail Investment and Improvement Act of 2008 that substantially meet the requirements of chapter 227 of this title, as determined by the Secretary pursuant to section 225061 of this title, shall be deemed by the Secretary to have met the requirements of paragraph (2)(A)(i) of this subsection.
  • 49 U.S.C. § 26106(g)
    Go to provision →
    (g) Within 1 year after the date of enactment of this section, the Secretary shall issue regulations to carry out this section.
  • 49 U.S.C. § 26106(h)
    Go to provision →
    (h) There are authorized to be appropriated to the Secretary to carry out this section—
    (1) $150,000,000 for fiscal year 2009;
    (2) $300,000,000 for fiscal year 2010;
    (3) $350,000,000 for fiscal year 2011;
    (4) $350,000,000 for fiscal year 2012; and
    (5) $350,000,000 for fiscal year 2013.
  • 49 U.S.C. § 28101(a)
    Go to provision →
    (a) Under regulations prescribed by the Secretary of Transportation, a rail police officer who is directly employed by or contracted by a rail carrier and certified or commissioned as a police officer under the laws of a State may enforce the laws of any jurisdiction in which the rail carrier owns property, to the extent of the authority of a police officer certified or commissioned under the laws of that jurisdiction, to protect—
    (1) employees, passengers, or patrons of the rail carrier;
    (2) property, equipment, and facilities owned, leased, operated, or maintained by the rail carrier;
    (3) property moving in interstate or foreign commerce in the possession of the rail carrier; and
    (4) personnel, equipment, and material moving by rail that are vital to the national defense.

Citations to §22401(15)