Legal corpus: the complete U.S. Code (59,740 sections, all 53 titles)

Ingested titles 12–51 and 54 from OLRC USLM XML @119-100 (the whole Code
now, uniform edition; Title 53 is reserved/empty). LegalText 11,221 ->
59,740; repo total 105,704 records. Deterministic (byte-identical rerun,
verified on Title 42's 8,356 sections); make check green. make
legal-us-code default now covers every title.

Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
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Fabio
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---
type: "LegalText"
title: "49 U.S.C. § 24901"
description: "Definitions"
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corpus: "united_states_code"
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title_number: 49
title_name: "TRANSPORTATION"
chapter_number: "249"
chapter_name: "NORTHEAST CORRIDOR IMPROVEMENT PROGRAM"
section: "24901"
citation: "49 U.S.C. § 24901"
status: "current"
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release_date: "2026-06-26"
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---
# 49 U.S.C. § 24901 - Definitions
## Text
In this chapter—
(1) “final system plan” means the final system plan (including additions) adopted by the United States Railway Association under the Regional Rail Reorganization Act of 1973 (45 U.S.C. 701 et seq.).
(2) “rail carrier” means an express carrier and a rail carrier as defined in section 10102 of this title, including Amtrak.
(Pub. L. 103272, § 1(e), July 5, 1994, 108 Stat. 930.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 24901(1)(no source). 24901(2)(no source). This section is derived from 45:802 for clarity. That section contains definitions for the Railroad Revitalization and Regulatory Reform Act of 1976 (Public Law 94210, 90 Stat. 33). Title VII of that Act is the source of the source provisions restated in this chapter. However, other titles of that Act are not being restated because they are outside the scope of the restatement. Therefore, 45:802 is not being restated in this restatement and only the relevant definitions are accounted for in this chapter.
Editorial Notes
References in TextThe Regional Rail Reorganization Act of 1973, referred to in par. (1), is Pub. L. 93236, Jan. 2, 1974, 87 Stat. 985, which is classified principally to chapter 16 (§ 701 et seq.) of Title 45, Railroads. For complete classification of this Act to the Code, see Short Title note set out under section 701 of Title 45 and Tables.
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title: "49 U.S.C. § 24903"
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title_number: 49
title_name: "TRANSPORTATION"
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# 49 U.S.C. § 24903 - General authority
## Text
(a) General.— To carry out this chapter and the Regional Rail Reorganization Act of 1973 (45 U.S.C. 701 et seq.), Amtrak may—
(1) acquire, maintain, and dispose of any interest in property used to provide improved high-speed rail transportation under section 24902 of this title;
(2) acquire, by condemnation or otherwise, any interest in real property that Amtrak considers necessary to carry out the goals of section 24902;
(3) provide for rail freight, intercity rail passenger, and commuter rail passenger transportation over property acquired under this section;
(4) improve rail rights of way between Boston, Massachusetts, and the District of Columbia (including the route through Springfield, Massachusetts, and routes to Harrisburg, Pennsylvania, and Albany, New York, from the Northeast Corridor main line) to achieve the goals of section 24902 of providing improved high-speed rail passenger transportation between Boston, Massachusetts, and the District of Columbia, and intermediate intercity markets;
(5) acquire, build, improve, and install passenger stations, communications and electric power facilities and equipment, public and private highway and pedestrian crossings, and other facilities and equipment necessary to provide improved high-speed rail passenger transportation over rights of way improved under clause (4) of this subsection;
(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
(7) appoint a general manager of the Northeast Corridor improvement program.
(b) Compensatory Agreements.— Rail freight and commuter rail passenger transportation provided under subsection (a)(3) of this section shall be provided under compensatory agreements with the responsible carriers.
(c) Compensation for Transportation Over Certain Rights of Way and Facilities.— (1) An agreement under subsection (a)(6) of this section shall provide for reasonable reimbursement of costs but may not cross-subsidize intercity rail passenger, commuter rail passenger, and rail freight transportation.
(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.
(3) This subsection does not prevent the parties from making an agreement under subsection (a)(6) of this section after the Board makes a decision under this subsection.
(Pub. L. 103272, § 1(e), July 5, 1994, 108 Stat. 934, § 24904; Pub. L. 103429, § 6(22), Oct. 31, 1994, 108 Stat. 4380; Pub. L. 105134, title IV, § 405(b)(2), Dec. 2, 1997, 111 Stat. 2586; Pub. L. 110432, div. B, title II, § 212(b)(2), Oct. 16, 2008, 122 Stat. 4924; Pub. L. 112141, div. C, title II, § 32932(c)(4), July 6, 2012, 126 Stat. 829; renumbered § 24903, Pub. L. 11494, div. A, title XI, § 11306(a)(1), Dec. 4, 2015, 129 Stat. 1658; Pub. L. 11758, div. B, title I, § 21301(j)(4)(F), Nov. 15, 2021, 135 Stat. 693.)
## Notes
Historical and Revision Notes Pub. L. 103272 RevisedSectionSource (U.S. Code)Source (Statutes at Large) 24904(a) (words before (1))45:851(a) (words before (1)).Feb. 5, 1976, Pub. L. 94210, § 701(a)(1), (3)(8), 90 Stat. 119. 24904(a)(1)45:851(a)(1). 45:855(b).Feb. 5, 1976, Pub. L. 94210, 90 Stat. 31, § 705(b); added May 30, 1980, Pub. L. 96254, § 206(a), 94 Stat. 413; Jan. 14, 1983, Pub. L. 97468, § 301(5)(B), 96 Stat. 2550. 24904(a)(2)45:854(h).Feb. 5, 1976, Pub. L. 94210, 90 Stat. 31, § 704(h); added May 30, 1980, Pub. L. 96254, § 204(b), 94 Stat. 411. 45:855(b). 24904(a)(3)45:851(a)(3) (less proviso). 24904(a)(4)45:851(a)(4). 24904(a)(5)45:851(a)(5). 24904(a)(6)45:562(a)(2) (1st sentence).Oct. 30, 1970, Pub. L. 91518, 84 Stat. 1327, § 402(a)(2); added Feb. 5, 1976, Pub. L. 94210, § 706(a), 90 Stat. 123; May 30, 1980, Pub. L. 96254, § 206(a), 94 Stat. 412; Apr. 7, 1986, Pub. L. 99272, § 4017(b)(2)(5), 100 Stat. 111. 45:851(a)(6) (words before 8th comma). 24904(a)(7)45:851(a)(7). 24904(a)(8)45:851(a)(8). 24904(b)45:851(a)(3) (proviso). 24904(c)(1)45:851(a)(6) (words after 8th comma). 24904(c)(2)45:562(a)(2) (2d5th sentences). 24904(c)(3)45:562(a)(2) (last sentence). In subsection (a), before clause (1), the words “the purposes of” are omitted as surplus. The words “this part” are substituted for “this subchapter, the Rail Passenger Service Act [45 U.S.C. 501 et seq.]” for clarity because subchapter III of chapter 17 of title 45, United States Code, and the Rail Passenger Service Act make up part C of subtitle V of the revised title. In clause (1), the words “by purchase, lease, exchange, gift, or otherwise, and to hold . . . sell, lease, or otherwise”, “real or personal”, and “which is necessary or” are omitted as surplus. The words “to provide” are substituted for “establishing and maintaining” for consistency in this chapter. In clause (2), the words “for the United States, by lease, purchase, condemnation, or otherwise” and “(including lands, easements, and rights-of-way, and any other property interests, including contract rights) are omitted as surplus. In clause (3), the words “the continuous operation and maintenance of” are omitted as surplus. In clause (4), the words “Washington” and “at its option” are omitted as surplus. In clause (5), the words “other safety facilities or equipment . . . any” and “which it determines are” are omitted as surplus. In clause (6), the words “Notwithstanding any other provision of this chapter”, “tracks, rights-of-way and other”, and “by the Corporation” in 45:562(a)(2) (1st sentence) and “other railroads” and “trackage rights, contract services, and other appropriate” in 45:851(a)(6) are omitted as surplus. In clause (7), the words “qualified individual to serve as the” are omitted as surplus. In clause (8), the words “on a basis which is consistent with, and” are omitted as surplus. In subsection (c)(1), the words “shall provide for” are substituted for “to be on such terms and conditions as are necessary to” to eliminate unnecessary words. The word “reasonable” is substituted for “on an equitable and fair basis” for consistency in the revised title. In subsection (c)(2), the words “If the parties do not” are substituted for “In the event of a failure to” for clarity. The words “to be provided”, “consistent with equitable and fair compensation principles”, “proper amount of”, “the provision of”, and “the date of” are omitted as surplus. In subsection (c)(3), the words “either before or” are omitted as surplus because the National Railroad Passenger Corporation may make agreements on arrangements for rail freight or commuter rail transportation under subsection (a)(6) of this section and this subsection applies only when there is no agreement.
Pub. L. 103429This amends 49:24904(a)(2) to correct an error in the codification enacted by section 1 of the Act of July 5, 1994 (Public Law 103272, 108 Stat. 934).
Editorial Notes
References in TextThe Regional Rail Reorganization Act of 1973, referred to in subsecs. (a) and (c)(2), is Pub. L. 93236, Jan. 2, 1974, 87 Stat. 985, which is classified principally to chapter 16 (§ 701 et seq.) of Title 45, Railroads. For complete classification of this Act to the Code, see Short Title note set out under section 701 of Title 45 and Tables. The Railroad Revitalization and Regulatory Reform Act of 1976, referred to in subsecs. (a)(6) and (c)(2), is Pub. L. 94210, Feb. 5, 1976, 90 Stat. 31. For complete classification of this Act to the Code, see Short Title note set out under section 801 of Title 45 and Tables.
Prior ProvisionsA prior section 24903, Pub. L. 103272, § 1(e), July 5, 1994, 108 Stat. 933; Pub. L. 104287, § 5(48), Oct. 11, 1996, 110 Stat. 3393, related to program master plan for Boston-New York main line, prior to repeal by Pub. L. 105134, title IV, § 405(a), Dec. 2, 1997, 111 Stat. 2586.
Amendments2021—Subsec. (a)(6). Pub. L. 11758, § 21301(j)(4)(F)(i), substituted “, the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 801 et seq.), and chapter 224 of this title” for “and the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 801 et seq.)”. Subsec. (c)(2). Pub. L. 11758, § 21301(j)(4)(F)(ii), substituted “, the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 801 et seq.), and chapter 224 of this title” for “and the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 801 et seq.)”. 2015—Pub. L. 11494 renumbered section 24904 of this title as this section. 2012—Subsec. (c)(2). Pub. L. 112141 substituted “Surface Transportation Board” for “Interstate Commerce Commission” and “Board” for “Commission”. Subsec. (c)(3). Pub. L. 112141, § 32932(c)(4)(B), substituted “Board” for “Commission”. 2008—Subsec. (c)(2). Pub. L. 110432 inserted “commuter rail passenger and” after “between” in first sentence and struck out “freight” after “rail” in second sentence. 1997—Subsec. (a)(6) to (8). Pub. L. 105134 inserted “and” at end of par. (6), substituted a period for “; and” at end of par. (7), and struck out par. (8) which read as follows: “make agreements with telecommunications common carriers, subject to the Communications Act of 1934 (47 U.S.C. 151 et seq.), to continue existing, and establish new and improved, passenger radio mobile telephone service in the high-speed rail passenger transportation area specified in section 24902(a)(1) and (2).” 1994—Subsec. (a)(2). Pub. L. 103429 inserted “, by condemnation or otherwise,” after “acquire”.
Statutory Notes and Related Subsidiaries
Effective Date of 2015 AmendmentAmendment by Pub. L. 11494 effective Oct. 1, 2015, see section 1003 of Pub. L. 11494, set out as a note under section 5313 of Title 5, Government Organization and Employees.
Effective Date of 2012 AmendmentAmendment by Pub. L. 112141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.
Effective Date of 1994 AmendmentAmendment by Pub. L. 103429 effective July 5, 1994, see section 9 of Pub. L. 103429, set out as a note under section 321 of this title.
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title: "49 U.S.C. § 24904"
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# 49 U.S.C. § 24904 - Northeast Corridor planning
## Text
(a) Northeast Corridor Service Development Plan.— (1) In general.— Not later than March 31, 2022, the Northeast Corridor Commission established under section 24905 (referred to in this section as the “Commission”) shall submit a service development plan to Congress.
(2) Contents.— The plan required under paragraph (1) shall—
(A) identify key state-of-good-repair, capacity expansion, and capital improvement projects planned for the Northeast Corridor;
(B) provide a coordinated and consensus-based plan covering a 15-year period;
(C) identify service objectives and the capital investments required to meet such objectives;
(D) provide a delivery-constrained strategy that identifies—
(i) capital investment phasing;
(ii) an evaluation of workforce needs; and
(iii) strategies for managing resources and mitigating construction impacts on operations; and
(E) include a financial strategy that identifies funding needs and potential funding sources.
(3) Updates.— The Commission shall update the service development plan not less frequently than once every 5 years.
(b) Northeast Corridor Capital Investment Plan.— (1) In general.— Not later than November 1 of each year, the Commission shall—
(A) develop an annual capital investment plan for the Northeast Corridor; and
(B) submit the capital investment plan to—
(i) the Secretary of Transportation;
(ii) the Committee on Commerce, Science, and Transportation of the Senate; and
(iii) the Committee on Transportation and Infrastructure of the House of Representatives.
(2) Contents.— The plan required under paragraph (1) shall—
(A) reflect coordination across the entire Northeast Corridor;
(B) integrate the individual capital plans developed by Amtrak, States, and commuter authorities in accordance with the cost allocation policy developed and approved under section 24905(c);
(C) cover a period of 5 fiscal years, beginning with the fiscal year during which the plan is submitted;
(D) notwithstanding section 24902(b), document the projects and programs being undertaken to advance the service objectives and capital investments identified in the Northeast Corridor service development plan developed under subsection (a), and the asset condition needs identified in the Northeast Corridor asset management plans, after considering—
(i) the benefits and costs of capital investments in the plan;
(ii) project and program readiness;
(iii) the operational impacts; and
(iv) Federal and non-Federal funding availability;
(E) categorize capital projects and programs as primarily associated with 1 of the categories listed under section 24319(c)(2)(C);
(F) identify capital projects and programs that are associated with more than 1 category described in subparagraph (E); and
(G) include a financial plan that identifies—
(i) funding sources and financing methods;
(ii) the status of cost sharing agreements pursuant to the cost allocation policy developed under section 24905(c);
(iii) the projects and programs that the Commission expects will receive Federal financial assistance; and
(iv) the eligible entity or entities that the Commission expects—
(I) to receive the Federal financial assistance referred to in clause (iii); and
(II) to implement each capital project.
(3) Review and coordination.— The Commission shall require that the information described in paragraph (2) be submitted in a timely manner to allow for a reasonable period of review by, and coordination with, affected agencies before the Commission submits the capital investment plan pursuant to paragraph (1).
(c) Failure To Develop a Capital Investment Plan.— If a capital investment plan has not been developed by the Commission for a given fiscal year, then the funds assigned to the Northeast Corridor account established under section 24317(b) for that fiscal year may be spent only on capital projects and programs contained in the Commissions capital investment plan for the prior fiscal year.
(d) Northeast Corridor Capital Asset Management System.— (1) In general.— Amtrak and other infrastructure owners that provide or support intercity rail passenger transportation along the Northeast Corridor shall develop an asset management system and use and update such system, as necessary, to develop submissions to the Northeast Corridor capital investment plan described in subsection (b).
(2) Features.— The system required under paragraph (1) shall develop submissions that—
(A) are consistent with the transit asset management system (as defined in section 5326(a)(3)); and
(B) include—
(i) an inventory of all capital assets owned by the developer of the plan;
(ii) an assessment of condition of such capital assets;
(iii) a description of the resources and processes that will be necessary to bring or to maintain such capital assets in a state of good repair; and
(iv) a description of changes in the condition of such capital assets since the submission of the prior version of the plan.
(e) Definition of Northeast Corridor.— In this section, the term “Northeast Corridor” means the main line between Boston, Massachusetts, and the District of Columbia, and the Northeast Corridor branch lines connecting to Harrisburg, Pennsylvania, Springfield, Massachusetts, and Spuyten Duyvil, New York, including the facilities and services used to operate and maintain those lines.
(Added Pub. L. 11494, div. A, title XI, § 11306(a)(2), Dec. 4, 2015, 129 Stat. 1658; amended Pub. L. 11758, div. B, title II, § 22301, Nov. 15, 2021, 135 Stat. 714.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 24904 was renumbered section 24903 of this title.
Amendments2021—Subsec. (a). Pub. L. 11758, § 22301(1), (3), added subsec. (a) and struck out former subsec. (a), which required Northeast Corridor Commission to develop Northeast Corridor capital investment and financial plans. Subsec. (b). Pub. L. 11758, § 22301(3), added subsec. (b). Former subsec. (b) redesignated (c). Subsec. (c). Pub. L. 11758, § 22301(2), (4), redesignated subsec. (b) as (c) and substituted “spent only on capital projects and programs contained in the Commissions capital investment plan for the prior fiscal year.” for “spent only on— “(1) capital projects described in clause (i) or (iii) of subsection (a)(2)(E) of this section; or “(2) capital projects described in subsection (a)(2)(E)(iv) or (v) of this section that are for the sole benefit of Amtrak.” Former subsec. (c) redesignated (d). Subsec. (d). Pub. L. 11758, § 22301(5), amended subsec. (d) generally. Prior to amendment, subsec. (d) related to development of Northeast Corridor asset management system and Northeast Corridor asset management plan for each service territory. Pub. L. 11758, § 22301(1), (2), redesignated subsec. (c) as (d) and struck out former subsec. (d). Prior to amendment, text of subsec. (d) read as follows: “Not less frequently than once every 10 years, the Commission shall update the Northeast Corridor service development plan.”
Statutory Notes and Related Subsidiaries
Effective DateSection effective Oct. 1, 2015, see section 1003 of Pub. L. 11494, set out as an Effective Date of 2015 Amendment note under section 5313 of Title 5, Government Organization and Employees.
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# 49 U.S.C. § 24906 - Eliminating highway at-grade crossings
## Text
(a) Plan.— 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.
(b) Amtraks Share of Costs.— Amtrak shall pay 20 percent of the cost of eliminating each highway at-grade crossing under the plan.
(Pub. L. 103272, § 1(e), July 5, 1994, 108 Stat. 936.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 24906(a)45:650(a), (b).Oct. 30, 1970, Pub. L. 91518, 84 Stat. 1327, § 811; added Oct. 27, 1992, Pub. L. 102533, § 2, 106 Stat. 3515. 24906(b)45:650(c).
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# 49 U.S.C. § 24907 - Note and mortgage
## Text
(a) General Authority.— 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.
(b) Exemptions From Laws and Regulations.— The note and agreement under subsection (a) of this section, and a transaction related to the note or agreement, are exempt from any United States, State, or local law or regulation that regulates securities or the issuance of securities. The note, agreement, or transaction under this section has the same immunities from other laws that section 601 of the Act (45 U.S.C. 791) gives to transactions that comply with or carry out the final system plan. The transfer of rail property because of the note, agreement, or transaction has the same exemptions, privileges, and immunities that the Act (45 U.S.C. 701 et seq.) gives to a transfer ordered or approved by the special court under section 303(b) of the Act (45 U.S.C. 743(b)).
(c) Immunity From Liability and Indemnification.— Amtrak, its board of directors, and its individual directors are not liable because Amtrak has given or issued the note or agreement to the Government under subsection (a) of this section. Immunity granted under this subsection also applies to a transaction related to the note or agreement. The Government shall indemnify Amtrak, its board, and individual directors against costs and expenses actually and reasonably incurred in defending a civil action testing the validity of the note, agreement, or transaction.
(Pub. L. 103272, § 1(e), July 5, 1994, 108 Stat. 936; Pub. L. 11494, div. A, title XI, § 11306(b)(1), Dec. 4, 2015, 129 Stat. 1660.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 24907(a)45:854(e).Feb. 5, 1976, Pub. L. 94210, 90 Stat. 31, § 704(e)(g); added Oct. 19, 1976, Pub. L. 94555, § 217(c), 90 Stat. 2627. 24907(b)45:854(f). 24907(c)45:854(g). In subsection (a), the words “In order . . . protect and”, “securing such expenditure”, “infringe upon or”, and “the authority conferred upon the National Railroad Passenger Corporation by” are omitted as surplus. In subsections (b) and (c), the words “note” and “agreement” are substituted for “agreement, security, or obligation” for consistency because the Secretary of Transportation gets only notes and mortgage agreements under the source provisions restated in subsection (a) of this section. In subsection (b), the words “obtained by the Secretary” and “the provisions of subtitle IV of title 49, the Securities Act of 1933 (15 U.S.C. 77a et seq.), and . . . other” are omitted as surplus. The words “has the same” are substituted for “shall enjoy all of the” for clarity. The words “conveyance or” are omitted, and the word “transfer” is substituted for “conveyances”, for consistency in this subtitle. The words “(including section 303(e) thereof [45 U.S.C. 743(e)])” are omitted as surplus. The words “section 303(b)” are substituted for “section 306(b)” to correct a mistake in section 217(c) of the Rail Transportation Improvement Act (Public Law 94555, 90 Stat. 2628). In subsection (c), the words “to any party for any damages, or in any other matter” are omitted as surplus. The word “because” is substituted for by reason of the fact that” to eliminate unnecessary words. The words “related to the note or agreement” are substituted for “in connection with” for clarity. The words “all” and “(including fees of accountants, experts, and attorneys)” are omitted as surplus. The words “a civil action” are substituted for “any litigation” for consistency with rule 2 of the Federal Rules of Civil Procedure (28 App. U.S.C.). The words “legal” and “given, issued, or entered into” are omitted as surplus.
Editorial Notes
References in TextThe Regional Rail Reorganization Act of 1973, referred to in subsecs. (a) and (b), is Pub. L. 93236, Jan. 2, 1974, 87 Stat. 985, which is classified principally to chapter 16 (§ 701 et seq.) of Title 45, Railroads. For complete classification of this Act to the Code, see Short Title note set out under section 701 of Title 45 and Tables.
Amendments2015—Subsec. (a). Pub. L. 11494 substituted “section 24903” for “section 24904 of this title”.
Statutory Notes and Related Subsidiaries
Effective Date of 2015 AmendmentAmendment by Pub. L. 11494 effective Oct. 1, 2015, see section 1003 of Pub. L. 11494, set out as a note under section 5313 of Title 5, Government Organization and Employees.
Abolition of Special Court, Regional Rail Reorganization Act of 1973, and Transfer of Functions Special court abolished and all jurisdiction and functions transferred to United States District Court for District of Columbia, see section 719(b)(2) of Title 45, Railroads.
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# 49 U.S.C. § 24908 - Transfer taxes and levies and recording charges
## Text
A transfer of an interest in rail property under this chapter is exempt from a tax or levy related to the transfer that is imposed by the United States Government, a State, or a political subdivision of a State. On payment of the appropriate and generally applicable charge for the service performed, a transferee or transferor may record an instrument and, consistent with the final system plan, the release or removal of a pre-existing lien or encumbrance of record related to the interest transferred.
(Pub. L. 103272, § 1(e), July 5, 1994, 108 Stat. 937.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 2490845:743(e) (words “title VII of the Railroad Revitalization and Regulatory Reform Act of 1976 [45 U.S.C. 851 et seq.] or of”).Jan. 2, 1974, Pub. L. 93236, 87 Stat. 985, § 303(e) (words “title VII of the Railroad Revitalization and Regulatory Reform Act of 1976 or of”); added Feb. 5, 1976, Pub. L. 94210, § 601(d), 90 Stat. 84; Sept. 30, 1976, Pub. L. 94436, § 5 (related to title VII), 90 Stat. 1399. The words “or conveyances”, “(whether real, personal, or mixed)”, “which are made at any time”, “the purposes of”, “imposts”, “or on the recording of deeds, bills of sale, liens, encumbrances, or other instruments evidencing, effectuating, or incident to any such transfers or conveyances, whether imposed on the transferor or on the transferee”, “now or hereafter”, “to compensate . . . the cost of”, “such deeds, bills of sale, liens, encumbrances, or other”, and “the designations and applicable principles in” are omitted as surplus.
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# 49 U.S.C. § 24910 - Rail cooperative research program
## Text
(a) In General.— 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.
(b) Content.— The program to be carried out under this section shall include research designed—
(1) to identify the unique aspects and attributes of rail passenger and freight service;
(2) to develop more accurate models for evaluating the impact of rail passenger and freight service, including the effects on highway and airport and airway congestion, environmental quality, and energy consumption;
(3) to develop a better understanding of modal choice as it affects rail passenger and freight transportation, including development of better models to predict utilization;
(4) to recommend priorities for technology demonstration and development;
(5) to meet additional priorities as determined by the advisory board established under subsection (c), including any recommendations made by the National Research Council;
(6) to explore improvements in management, financing, and institutional structures;
(7) to address rail capacity constraints that affect passenger and freight rail service through a wide variety of options, ranging from operating improvements to dedicated new infrastructure, taking into account the impact of such options on operations;
(8) to improve maintenance, operations, customer service, or other aspects of intercity rail passenger and freight service;
(9) to recommend objective methodologies for determining intercity passenger rail routes and services, including the establishment of new routes, the elimination of existing routes, and the contraction or expansion of services or frequencies over such routes;
(10) to review the impact of equipment and operational safety standards on the further development of high-speed passenger rail operations connected to or integrated with non-high-speed freight or passenger rail operations;
(11) to recommend any legislative or regulatory changes necessary to foster further development and implementation of high-speed passenger rail operations while ensuring the safety of such operations that are connected to or integrated with non-high-speed freight or passenger rail operations;
(12) to review rail crossing safety improvements, including improvements using new safety technology;
(13) to review and develop technology designed to reduce train horn noise and its effect on communities, including broadband horn technology; and
(14) to improve overall safety of intercity passenger and freight rail operations.
(c) Advisory Board.— (1) Establishment.— 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.
(2) Membership.— The advisory board shall include—
(A) representatives of State transportation agencies;
(B) transportation and environmental economists, scientists, and engineers; and
(C) representatives of Amtrak, the Alaska Railroad, freight railroads, transit operating agencies, intercity rail passenger agencies, railway labor organizations, and environmental organizations.
(3) Sunset.— The advisory board established under this subsection ceases to exist effective January 1, 2019.
(d) National Academy of Sciences.— 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.
(e) Authorization of Appropriations.— 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.
(Added Pub. L. 110432, div. B, title III, § 306(a), Oct. 16, 2008, 122 Stat. 4952; amended Pub. L. 11494, div. A, title XI, § 11316(o), Dec. 4, 2015, 129 Stat. 1679; Pub. L. 115420, § 6(b), Jan. 3, 2019, 132 Stat. 5445.)
## Notes
Editorial Notes
Amendments2019—Subsec. (c)(3). Pub. L. 115420 added par. (3). 2015—Subsec. (b)(14). Pub. L. 11494 added par. (14).
Statutory Notes and Related Subsidiaries
Effective Date of 2015 AmendmentAmendment by Pub. L. 11494 effective Oct. 1, 2015, see section 1003 of Pub. L. 11494, set out as a note under section 5313 of Title 5, Government Organization and Employees.
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# 49 U.S.C. § 24911 - Federal-State partnership for intercity passenger rail
## Text
(a) Definitions.— In this section:
(1) Applicant.— The term “applicant” means—
(A) a State (including the District of Columbia);
(B) a group of States;
(C) an Interstate Compact;
(D) a public agency or publicly chartered authority established by 1 or more States;
(E) a political subdivision of a State;
(F) Amtrak, acting on its own behalf or under a cooperative agreement with 1 or more States;
(G) a federally recognized Indian Tribe; or
(H) any combination of the entities described in subparagraphs (A) through (G).
(2) Intercity rail passenger transportation.— The term “intercity rail passenger transportation” has the meaning given the term in section 24102.
(3) Northeast corridor.— The term “Northeast Corridor” means—
(A) the main rail line between Boston, Massachusetts and the District of Columbia;
(B) the branch rail lines connecting to Harrisburg, Pennsylvania, Springfield, Massachusetts, and Spuyten Duyvil, New York; and
(C) facilities and services used to operate and maintain lines described in subparagraphs (A) and (B).
(b) Grant Program Authorized.— 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;.11 So in original. The semicolon preceding the period probably should not appear.
(c) Eligible Projects.— The following capital projects, including acquisition of real property interests, are eligible to receive grants under this section:
(1) A project to replace, rehabilitate, or repair infrastructure, equipment, or a facility used for providing intercity passenger rail service to bring such assets into a state of good repair.
(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.
(3) A project to expand or establish new intercity passenger rail service.
(4) A group of related projects described in paragraphs (1) through (3).
(5) The planning, environmental studies, and final design for a project or group of projects described in paragraphs (1) through (4).
(d) Project Selection Criteria.— In selecting a project for funding under this section—
(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;
(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 projects business plan considers potential private sector participation in the financing, construction, or operation of the proposed project;
(iii) the applicants 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
(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).
(e) Long-term Planning.— 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); 22 So in original. Probably should be “section 24904(b);”.
(4) is consistent with the most recent Northeast Corridor service development plan update described in section 24904(d);33 So in original. Probably should be “section 24904(a)(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.
(f) Federal Share of Total Project Costs.— (1) Total project cost.— 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.
(2) Federal share.— The Federal share of total costs for a project under this section shall not exceed 80 percent, except as specified under paragraph (4).
(3) Treatment of amtrak revenue.— If Amtrak is an applicant under this section, Amtrak may use ticket and other revenues generated from its operations and other sources to satisfy the non-Federal share requirements.
(g) Letters of Intent; Phased Funding Agreements.— (1) Letters of intent.— 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.
(2) Phased funding agreements.— (A) In general.— 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.
(B) Terms.— A phased funding agreement shall—
(i) establish the terms of participation by the Federal Government in the project;
(ii) establish the maximum amount of Federal financial assistance for the project;
(iii) include the period of time for completing the project, even if such period extends beyond the period for which Federal financial assistance is authorized;
(iv) make timely and efficient management of the project easier in accordance with Federal law; and
(v) if applicable, specify when the process for complying with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and related environmental laws will be completed for the project.
(C) Special financial rules.— (i) In general.— A phased funding agreement under this paragraph obligates an amount of available budget authority specified in law and may include a commitment, contingent on amounts to be specified in law in advance for commitments under this paragraph, to obligate an additional amount from future available budget authority specified in law.
(ii) Statement of contingent commitment.— The agreement shall state that the contingent commitment is not an obligation of the Government.
(iii) Interest and other financing costs.— 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.
(iv) Failure to carry out project.— 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 applicants control.
(v) Crediting of funds received.— Any funds received by the Government under this paragraph, except for interest and penalty charges, shall be credited to the appropriation account from which the funds were originally derived.
(3) Congressional notification.— (A) In general.— 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.
(B) Contents.— The notification submitted pursuant to subparagraph (A) shall include—
(i) a copy of the phased funding agreement or the proposed letter;
(ii) the criteria used under subsection (d) for selecting the project for a grant award; and
(iii) a description of how the project meets such criteria.
(4) Appropriations required.— (A) In general.— 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.
(B) Appropriations required.— An obligation or administrative commitment may be made under this section only when amounts are appropriated for such purpose.
(h) Availability.— Amounts appropriated for carrying out this section shall remain available until expended.
(i) Grant Conditions.— Except as specifically provided in this section, the use of any amounts appropriated for grants under this section shall be subject to the grant conditions under sections 22903 and 22905.
(j) Annual Report on Phased Funding Agreements and Letters of Intent.— 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.
(k) Regional Planning Guidance Corridor Planning.— 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.
(Added Pub. L. 11494, div. A, title XI, § 11302(a), Dec. 4, 2015, 129 Stat. 1648; amended Pub. L. 115141, div. L, title I, Mar. 23, 2018, 132 Stat. 994; Pub. L. 115420, § 7(b)(3)(A)(i)(IV), Jan. 3, 2019, 132 Stat. 5447; Pub. L. 11758, div. B, title II, § 22307(a), Nov. 15, 2021, 135 Stat. 725.)
## Notes
Editorial Notes
References in TextThe date of enactment of the Passenger Rail Expansion and Rail Safety Act of 2021, referred to in subsec. (e), is the date of enactment of title II of div. B of Pub. L. 11758, which was approved Nov. 15, 2021. The National Environmental Policy Act of 1969, referred to in subsec. (g)(2)(B)(v), (C)(iv), is Pub. L. 91190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§ 4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables.
Amendments2021—Pub. L. 11758, § 22307(a)(1), substituted “for intercity passenger rail” for “for state of good repair” in section catchline. Subsec. (a)(1)(G). Pub. L. 11758, § 22307(a)(2)(A)(i), (iii), added subpar. (G). Former subpar. (G) redesignated (H) to reflect the probable intent of Congress, see below. Subsec. (a)(1)(H). Pub. L. 11758, § 22307(a)(2)(A)(iv), which directed amendment of “subsection” (H), as redesignated, by substituting “(G)” for “(F)”, was executed by making the substitution in subpar. (H), as redesignated, to reflect the probable intent of Congress. Pub. L. 11758, § 22307(a)(2)(A)(ii), which directed the redesignation of “subsection” (G) as (H), was executed by redesignating subpar. (G) as (H), to reflect the probable intent of Congress. Subsec. (a)(2) to (4). Pub. L. 11758, § 22307(a)(2)(B), (C), redesignated pars. (3) and (4) as (2) and (3), respectively, and struck out former par. (2). Prior to amendment, text of par. (2) read as follows: “The term capital project means— “(A) a project primarily intended to replace, rehabilitate, or repair major infrastructure assets utilized for providing intercity rail passenger service, including tunnels, bridges, stations, and other assets, as determined by the Secretary; or “(B) a project primarily intended to improve intercity passenger rail performance, including reduced trip times, increased train frequencies, higher operating speeds, and other improvements, as determined by the Secretary.” Subsec. (a)(5). Pub. L. 11758, § 22307(a)(2)(B), struck out par. (5). Prior to amendment, text read as follows: “The term qualified railroad asset means infrastructure, equipment, or a facility that— “(A) is owned or controlled by an eligible applicant; “(B) is contained in the planning document developed under section 24904 and for which a cost-allocation policy has been developed under section 24905(c), or is contained in an equivalent planning document and for which a similar cost-allocation policy has been developed; and “(C) was not in a state of good repair on the date of enactment of the Passenger Rail Reform and Investment Act of 2015.” Subsec. (b). Pub. L. 11758, § 22307(a)(3), substituted “, improve performance, or expand or establish new intercity passenger rail service, including privately operated intercity passenger rail service if an eligible applicant is involved;” for “with respect to qualified railroad assets”. Subsecs. (c) to (e). Pub. L. 11758, § 22307(a)(4), added subsecs. (c) to (e) and struck out former subsecs. (c) to (e) which, respectively, related to projects eligible for grants under this section, set out various project selection criteria, and gave conditions on funds to be used for Northeast Corridor projects. Subsec. (f)(2). Pub. L. 11758, § 22307(a)(5), inserted “, except as specified under paragraph (4)” after “80 percent”. Subsec. (g). Pub. L. 11758, § 22307(a)(6)(A), inserted “; Phased Funding Agreements” after “Intent” in heading. Subsec. (g)(1). Pub. L. 11758, § 22307(a)(6)(B), substituted “Letters of intent” for “In general” in heading and “may” for “shall, to the maximum extent practicable,” in introductory provisions. Subsec. (g)(2), (3). Pub. L. 11758, § 22307(a)(6)(C), (D), added par. (2) and redesignated former par. (2) as (3). Former par. (3) redesignated (4). Subsec. (g)(3)(A). Pub. L. 11758, § 22307(a)(6)(E)(i), inserted “a phased funding agreement under paragraph (2) or” after “issuing” in introductory provisions. Subsec. (g)(3)(B)(i). Pub. L. 11758, § 22307(a)(6)(E)(ii), inserted “the phased funding agreement or” after “a copy of”. Subsec. (g)(4). Pub. L. 11758, § 22307(a)(6)(F), designated existing provisions as subpar. (B), inserted heading, and added subpar. (A). Pub. L. 11758, § 22307(a)(6)(C), redesignated par. (3) as (4). Subsec. (i). Pub. L. 11758, § 22307(a)(7), substituted “sections 22903 and 22905” for “section 22905”. Subsecs. (j), (k). Pub. L. 11758, § 22307(a)(8), added subsecs. (j) and (k). 2019—Subsec. (i). Pub. L. 115420 substituted “22905” for “24405”. 2018—Subsec. (e)(1). Pub. L. 115141 substituted “transportation at the eligible project location” for “transportation”.
Statutory Notes and Related Subsidiaries
Effective DateSection effective Oct. 1, 2015, see section 1003 of Pub. L. 11494, set out as an Effective Date of 2015 Amendment note under section 5313 of Title 5, Government Organization and Employees.