Sec. 9102. Grant programs
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Part C of subtitle V is amended by inserting the following after chapter 244: Sec. 24601. Definitions. 24602. Authorization of appropriations. 24603. National high-performance passenger rail system. 24604. Current passenger rail service program. 24605. Rail service improvement program. 24606. Oversight. 24607. Financial assistance conditions. In this chapter: Three types of passenger rail corridors are defined as follows: The term Core Express Corridor means a passenger rail corridor with trains operating primarily on dedicated passenger track at peak speeds of 125 to 250 miles per hour or greater, and that primarily connects major metropolitan centers in the United States that are generally up to 500 miles apart.
The term Regional Corridor means a passenger rail corridor with trains operating on either dedicated and shared use track at peak speeds of 90 to 124 miles per hour, and that primarily connects mid-size urban areas to larger and smaller communities that are generally up to 500 miles apart. The term Feeder Corridor means a State- or regionally-designated passenger rail corridor with trains operating on shared use track at peak speeds of up to 90 miles per hour and that connects large, mid-sized, and small urban areas generally less than 750 miles apart.
The term capital project means a project or program for use in or for the primary benefit of intercity passenger rail service or freight rail service, including— acquiring, constructing, improving, or inspecting equipment, track and track structures, or a facility; expenses incidental to the activities described in subsection 24601(2)(A) (including designing, engineering, location surveying, mapping, environmental studies, utility relocation or improvement, acquiring rights-of-way, and joint development activities as defined in subsection 5302(3)(G)), and the maintenance of operations during construction; preserving and acquiring rights-of-way; payments for the capital portions of rail trackage rights agreements; highway-rail grade crossing improvements; mitigating environmental impacts; communication and signalization improvements; relocation assistance, including acquiring replacement housing sites, and acquiring, constructing, relocating, and rehabilitating replacement housing; interest and other financing costs to efficiently carry out a part of the project within a reasonable time; and evaluation and assessment of project implementation and outcomes.
The term high-performance rail means a passenger and freight rail network that is designed to meet the current and future market demands for transportation of people and goods, in terms of capacity, travel times, reliability, and efficiency. The term intercity passenger rail service has the same meaning as intercity rail passenger transportation , as defined in section 24102 of this title. The term interstate compact means two or more States that have entered into compacts, agreements, or organizations, not in conflict with any law of the United States, for cooperative efforts and mutual assistance in support of activities authorized under this chapter.
The term long-distance route has the same meaning as under section 24102(5)(C) of this title. The term Northeast Corridor has the same meaning as under section 24102(5)(A) of this title. The term rail hub plan means a plan that addresses the needs and opportunities for the dense, complex networks of shared or interconnected freight, intercity passenger, and commuter rail lines that tend to be found in and around major urban areas. The term State means a State of the United States or the District of Columbia.
The term State corridor has the same meaning as under section 24102(5)(D) of this title. The term state of good repair means a condition in which the existing physical assets, both individually and as a system, are functioning as designed within their useful lives and are sustained through regular maintenance and replacement programs. There are authorized to be appropriated from the Rail Account of the Transportation Trust Fund to carry out section 24604 of this title— $2,450,000,000 for fiscal year 2015; $2,400,000,000 for fiscal year 2016; $2,350,000,000 for fiscal year 2017; and $2,300,000,000 for fiscal year 2018.
There are authorized to be appropriated from the Rail Account of the Transportation Trust Fund to carry out section 24605 of this title— $2,325,000,000 for fiscal year 2015; $2,405,000,000 for fiscal year 2016; $2,370,000,000 for fiscal year 2017; and $2,450,000,000 for fiscal year 2018. The amounts made available under this section shall remain available for obligation until expended. Authorizations from the Transportation Trust Fund made by this section shall be available for obligation on October 1 of the fiscal year for which they are authorized.
The Secretary of Transportation shall facilitate the establishment of a national high-performance rail system in accordance with this chapter. The national high-performance rail system includes the following: Current passenger rail service program. Rail service improvement program. Railroad rehabilitation and improvement financing program. The Secretary shall prescribe the regulations necessary to implement this chapter. The Secretary of Transportation shall establish a Current Passenger Rail Service Program under this section.
The program shall ensure that existing passenger rail assets and services are maintained in reliable working condition. The Current Passenger Rail Service Program consists of programs for the following: Northeast Corridor. State Corridors. Long-Distance Routes. National Assets, Legacy Debt, and Amtrak Positive Train Control. Stations—Americans with Disabilities Act Compliance. The objective of the Northeast Corridor program is to bring Northeast Corridor infrastructure and equipment into a state-of-good repair, and to ensure that those assets are then maintained in a state-of-good repair, so that the Northeast Corridor can continue providing travelers with a safe, reliable, and efficient travel option in the congested Northeast region.
The Secretary may provide grants under this subsection to reduce the state-of-good repair backlog on the Northeast Corridor; to replace legacy passenger rail equipment used for Northeast Corridor service; and to fund the portion of ongoing capital replacement and renewal needs on the Northeast Corridor not covered by Northeast Corridor operating surpluses. The Secretary may provide grants to the following entities for eligible projects under this subsection: Amtrak. States and other public-sector entities as identified in the Northeast Corridor Capital Asset Plan required by section 24317 of this title.
The Secretary may provide grants under this subsection for the following activities, as identified in the Five-Year Capital Asset Plans described in section 24317 of this title: To replace or rehabilitate railroad assets that are not currently in a state of good repair. To replace legacy passenger rolling stock and locomotives used for Northeast Corridor service. To fund the balance needed to maintain the existing Northeast Corridor infrastructure and equipment in an ongoing state of good repair, after the following revenues are first dedicated to these activities:
All operating surpluses generated from Northeast Corridor intercity passenger rail services. All access fees from other users of the Northeast Corridor. All revenues generated from ancillary businesses directly associated with Northeast Corridor services or infrastructure. The Federal share of total project costs under this subsection may be up to 100 percent. To enable the successful implementation of section 209 of Division B of Public Law 110–432 for existing State-supported passenger rail operations through transitional financial assistance to States.
The Secretary is authorized to provide grants, consistent with the maximum time period under which temporary financial assistance may be received as developed in subsection (c)(3) of this section, to eligible recipients under this subsection to support the implementation of section 209 of Division B of Public Law 110–432; and replacement of legacy passenger rolling stock and locomotives used on State corridors. The Secretary shall develop a transition assistance framework within six months of the enactment of this Act.
As part of this framework, the Secretary shall— develop criteria for phasing out activities under subsection (c)(5)(A) of this section by not later than October 1, 2017; and develop policies governing financial terms, repayment conditions, and other terms of financial assistance. States are eligible to receive grants for activities described in subsections (c)(5)(A) and (c)(5)(B) of this section. States may enter into contractual agreements to allow for Amtrak to receive grants for activities described in subsection (c)(5)(B) of this section.
Grants provided under this paragraph may be used to: Provide temporary financial support to eligible recipients in conformance with the operating and capital cost methodologies developed pursuant to section 209 of Division B of Public Law 110–432 , until not later than September 30, 2017. Replace legacy passenger rolling stock and locomotives used for State corridor service as identified in the Five-Year Capital Asset Plans described in section 24317 of this title. The Federal share of expenditures for activities described in subsections (c)(5)(B) may be up to 80 percent of the total cost.
The objective of the long-distance routes program is to provide grants to Amtrak for the continuation of services on long-distance routes. The Secretary may provide grants to Amtrak under this subsection, in accordance with the relevant provisions contained in part C, subtitle V of this title. Amtrak is eligible to receive grants for long-distance route activities. Grants provided for long-distance routes may be expended for the operating and capital costs associated with providing reliable national long-distance passenger rail services to the extent that such expenses cannot be fully supported by the passenger and non-passenger revenues generated by long-distance passenger services, as identified in the Five-Year Business Line Plan described in section 24317 of this title.
The Federal share of expenditures for eligible activities under this subsection may be up to 100 percent of the total cost. The objective of the national assets program is to provide grants to Amtrak for the operating and capital needs associated with the Nation’s core rail assets; for servicing Amtrak’s legacy debt; and for implementing positive train control on Amtrak routes where Amtrak is fully or partially responsible for compliance with section 20157 of this title. The Secretary may provide grants to Amtrak under this subsection.
Amtrak is eligible to receive grants for national asset activities. Grants provided for national assets may be expended for— operating and capital costs associated with operating and maintaining national reservations, security, mechanical facilities, training centers and other assets associated with Amtrak’s national passenger rail transportation system; implementing positive train control on Amtrak routes where Amtrak is fully or partially responsible for compliance with section 20157 of this title; and making payments for principal and interest payments related to debt incurred prior to fiscal year 2005.
The Secretary shall evaluate the cost and scope of all operating activities defined in paragraph (4)(A) of this subsection, and shall identify which activities are— required in order to ensure the efficient operations of a national passenger rail system; appropriate for allocation to one of the other Amtrak business lines; and extraneous to providing an efficient national passenger rail system or are too costly relative to the benefits or performance outcomes they provide. Within 1 year after the completion of the review in subparagraph (A), the Federal Railroad Administration, in consultation with the Amtrak Board of Directors, the governors of each relevant State, and the Mayor of the District of Columbia, or entities representing those officials, shall restructure and/or reallocate national assets operating costs according to the findings of the review in that subparagraph.
The Federal share of expenditures for eligible activities under this subsection may be up to 100 percent of the total cost as identified in the Five-Year Business Line Plan described in section 24317 of this title. The objective of the program is to bring all stations served by Amtrak into compliance with the Americans with Disabilities Act. The Secretary may provide grants to Amtrak under this subsection. Amtrak is eligible to receive grants for eligible activities under this subsection.
Grants provided under this subsection may be expended for upgrading existing intercity passenger rail stations to comply with the Americans with Disabilities Act. The Federal share of expenditures for eligible activities under this subsection may be up to 100 percent of the total cost. The Secretary of Transportation shall establish a Rail Service Improvement Program under this section. The program shall promote and facilitate development of new passenger rail corridors and improvements to existing passenger and freight rail corridors.
The Rail Service Improvement Program consists of programs covering the following: Passenger Corridors. Commuter Railroads—Positive Train Control Compliance. Local Rail Facilities and Safety. Planning. The objective of the passenger corridors program under this subsection is to build regional networks of passenger rail corridors through construction of new corridors or substantial improvements to existing corridors, including Core Express Corridors, Regional Corridors, and Feeder Corridors, as defined in section 24601 of this title, and to mitigate passenger train congestion at critical rail chokepoints.
The Secretary is authorized to provide grants under this subsection to eligible recipients (as specified in paragraph (3)) for eligible corridor development and positive train control projects (as specified in paragraph (4)). Entities eligible for funding for eligible projects identified in paragraph
(4)are the following: A State. A group of States. An Interstate Compact. A Regional Rail Development Authority as defined in chapter 289 of this title. A public agency or publicly-chartered authority established by one or more States and having responsibility for providing high-speed or intercity passenger rail service. Amtrak. Any institution for procuring, managing, or maintaining passenger rail rolling stock and locomotives that may be established pursuant to the outcomes of the review described in section 305 of division B of Public Law 110–432 , as amended. The following projects are eligible to receive funding under this subsection: A capital project that is for the primary benefit of or use in high-performance rail service is eligible to receive passenger corridors grants under this subsection, provided that— the project proposal is consistent with an adopted service development plan or rail hub plan at the time of application; and the project sponsor has completed, prior to the time of application, the appropriate level of environmental reviews, in compliance with the applicable environmental protection requirements, including the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ), its implementing regulations, and applicable procedures. A capital project identified by the Surface Transportation Board as to improve the on-time performance and reliability of intercity rail passenger transportation under section 24308(f) of this title. A capital project designated by the Secretary as being necessary to address congestion challenges affecting passenger rail. In selecting the recipients of grants for eligible projects under paragraph (4), the Secretary shall: Give preference to proposed projects that are consistent with the investment goals, objectives, policies, and methodologies defined in the following: Any national rail planning guidance or parameters set forth by the Secretary. Any Regional Rail Development Plans described in section 22602 of this title that are applicable to a project proposal, once available. Any State Rail Plans, as described in chapter 227 of this title that are applicable to a project proposal. Also consider the following: The project’s system and service performance as experienced by the passenger, including measures such as improved reliability, reduced trip time, additional service frequency to meet anticipated or existing demand, or other significant system and service enhancements. Cost-benefit analysis of the project, which shall include such factors as the project’s estimated ridership and anticipated user and public benefits, relative to the proposed Federal investment, and consideration of enhanced mobility, environmental, and economic benefits (both for the specific project proposal and in terms of the costs and benefits generated by the specific project within a network context). Cross-modal benefits generated by the project, including anticipated impacts on air, transit, or highway traffic congestion, capacity, or safety; and cost avoidance or deferral of planned investments in aviation, transit, and highway systems. Opportunities for operational integration with commuter rail or other rail operations, as well as with regional public transportation providers, including the degree to which the project could allow for coordinated schedules, seamless connections between trains, integrated sales and ticketing systems, and other mechanisms that will benefit passengers and encourage cost containment among rail operators. Equitable financial participation by other beneficiaries of the project, including the degree to which the project’s business plan considers potential private sector participation in the financing, construction, and/or operation of the project. The recipient’s past performance in developing and delivering similar passenger rail projects. The recipient’s previous financial contributions to developing high-performance rail services, including any non-Federal contributions in excess of minimum requirements that the sponsor may have provided as a match for previous Federal grants. The likelihood that new service or expanded service projects, once brought into service, will be able to cover on-going operating costs without the support of grants, within a reasonable time frame. Whether the 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. The likelihood that the proposed project is feasible and will result in the anticipated benefits, including the recipient’s means for ensuring the realization of the anticipated benefits. Any other relevant factors as determined by the Secretary. To be eligible for a Federal grant under this subsection, a project must be specifically identified on a State Rail Plan, as described in section 22702. The Secretary shall estimate the total cost of a project under this subsection based on engineering studies, studies of economic feasibility, environmental analyses, and information on the expected use of equipment or facilities. The Federal share of total project costs under this subsection shall not exceed 80 percent, except where the proposed project was identified through and is consistent with a Regional Rail Development Plan described in chapter 289 of this title, in which case the Federal share of total project costs under this subsection shall not exceed 85 percent. The objective of this program is to promote rail safety by assisting in funding the implementation of positive train control on commuter railroad-owned infrastructure, equipment, and back office systems. The Secretary is authorized to provide grants under this subsection to eligible recipients (as described in paragraph (3)) for eligible positive train control projects (as described in paragraph (4)). Entities eligible for funding under this subsection include the following: A State. A group of States. A provider of commuter rail passenger transportation, as defined in section 24102 of this title. Projects eligible to receive grants under this subsection include the following: A project for analyzing, designing, developing, procuring, installing, modifying, validating, configuring, and testing of positive train control systems hardware or software system elements on commuter railroad-owned infrastructure, equipment, or back office systems, including the following activities: Dedicated passenger service motive power equipment. Wayside interface of track-side devices on track owned by eligible recipients. Back office and dispatch system infrastructure owned and operated by passenger railroads. Roadway worker terminal devices. Communications system design and components, such as quality of service determinations, physical communications infrastructure, and message integrity, authentication, and non-repudiation mechanisms to protect positive train control system communications. Track databases for track segments owned by eligible recipients, including the population of such databases with mapping data. Project management services for oversight and systems engineering of passenger railroad positive train control system design, procurement, implementation, and testing efforts. Positive train control system training programs for eligible recipients compliant with title 49 of the Code of Federal Regulations, part 236 subpart I. Engineering support to prepare all necessary documentation required for regulatory compliance and system certification of positive train control systems for eligible recipients. An eligible entity specified in paragraph (4)(A) may not receive funding under this subsection for the following activities: The procurement of radio frequency spectrum. Positive train control-related costs of any entity not listed in paragraph (3), such as wayside positive train control system components on track segments owned by a Class I freight railroad and over which commuter rail passenger transportation is regularly provided. The Secretary, in selecting the recipients of grants for eligible projects under paragraph (4), shall consider the following: The scope of positive train control system components necessary to comply with section 20157 of this title, including the number of locomotives owned by the eligible recipient, the number of wayside miles owned by the eligible recipient, the number of positive train control systems with which the eligible recipient’s positive train control system must be interoperable; the scale of the communications infrastructure the eligible recipient requires to support positive train control system operations; and the number of modifications to dispatching and back office systems required to support positive train control system operations. The extent to which the applicant has demonstrated a clear need for Federal financial assistance. The overall completeness and quality of the application, including the comprehensiveness of its supporting documentation. The extent of prior positive train control implementation activities. Any other relevant factors as determined by the Secretary. The Secretary shall estimate the total cost of a project under this subsection based on engineering studies, studies of economic feasibility, environmental analyses, and information on the expected use of equipment or facilities. The Federal share of total project costs for grants provided under this subsection shall not exceed 80 percent of the total project cost. The non-Federal share requirement may be met in whole or in part by eligible expenditures by the railroad carrier made subsequent to October 16, 2008, excluding costs related to the lease or acquisition of radio frequency spectrum. The objective of the local rail facilities and safety program under this subsection is to mitigate the impacts of railroad operations in local communities, through improvements to highway-rail grade crossings, upgrades to short-line railroad infrastructure, rail line relocation and improvement projects, and training and technical assistance to local governments. The Secretary is authorized to provide grants under this subsection to eligible recipients (as described in paragraph (3)) for eligible freight capacity projects (as described in paragraph (4)). A grant may be used to pay all or a portion of the subsidy and administrative costs of projects eligible for Federal credit assistance under the Railroad Revitalization and Regulatory Reform Act of 1976 ( Public Law 94–210 ) ( 45 U.S.C. 801 et seq. ) for a capital project to improve short-line railroad infrastructure. Entities eligible for funding under this subsection include the following: A State. A group of States. An Interstate Compact. A Regional Rail Development Authority, as defined in chapter 289 of this title. A local government. A metropolitan planning organization. A group of metropolitan planning organizations. Projects eligible to receive grants under this subsection include the following: A capital project to mitigate the impacts of rail infrastructure and operations on a local community, including rail line relocation and improvement and improving the safety of, or eliminating hazards at, a highway-rail grade crossing. A capital project to improve short-line railroad infrastructure. Training and technical assistance to help local governments better understand how to coordinate with railroads on operations and safety issues, and how to integrate railroad issues into land use and transportation planning processes. In selecting the recipients of grants for freight capacity projects under this subsection, the Secretary shall consider— the extent to which a proposed project— alleviates the impacts of rail operations on local neighborhoods or urbanized areas; will result in clearly-defined public benefits; contributes to increasing the competitiveness and state of good repair of short line railroads; enhances safety at critical highway-rail grade crossings; is compatible with local land use, economic development, and transportation plans and objectives; includes equitable participation from other beneficiaries in the project’s financing, including the extent to which the project will leverage private or local government investments; and will increase the reliability and resilience of the nation’s rail system; the past performance of the recipient and other beneficiaries of the project in developing and delivering rail projects; and any other relevant factors as determined by the Secretary. To be eligible for a Federal grant under this subsection, a project must be specifically identified on a State Rail Plan, as described in section 227 of this title. The Secretary shall estimate the total cost of a project under this subsection based on engineering studies, studies of economic feasibility, environmental analyses, and information on the expected use of equipment or facilities. The Federal share of total project costs for grants provided under this subsection shall not exceed 80 percent of the total project cost. The objective of the planning program under this subsection is to facilitate the development of comprehensive plans to guide future investments in the nation’s rail systems and to develop the workforce necessary to advance America’s rail industry. The Secretary is authorized to provide grants under this subsection to eligible recipients (as described in paragraph (3)) for eligible planning projects (as described in paragraph (4)). Entities eligible for funding under this subsection include the following: A State. A group of States. An Interstate Compact. A Regional Rail Development Authority as defined in chapter 289 of this title. A public agency or publicly-chartered authority established by one or more States and having responsibility for providing high-speed or intercity passenger rail service. A local government. A metropolitan planning organization. A group of metropolitan planning organizations. National Academy of Sciences Transportation Research Board, for eligible projects described in paragraph (4)(C). Federal Railroad Administration. Projects eligible to receive grants under this subsection include the following: The preparation of new rail planning documents or any updates to existing rail planning documents including the following: A corridor or rail hub investment plan that consists of both— a corridor service development plan or rail hub plan; and corresponding environmental analyses. A regional rail development plan, as defined in section 22602 of this title. A State rail plan, as defined in section 22702 of this title. Any other national, multi-State, mega-regional, or State planning activity determined by the Secretary to be necessary to advance the development of passenger and freight rail systems. Capital upgrades to the Transportation Technology Center for the purposes of conducting research, development, testing, evaluation, and training for the purpose of enhancing technologies related to the design and deployment of high-performance rail systems. Research conducted by the National Cooperative Rail Research Program, as established by section 24910 of this title. Workforce development activities, coordinated to the extent practical with the existing local training programs supported by the U.S. Department of Transportation, the U.S. Department of Labor, and the U.S. Department of Education, including— interagency agreements with the Manufacturing Extension Partnership at the National Institute of Standards and Technology; developing and deploying training and technical assistance opportunities for rail stakeholders; and rail-based University Transportation Centers established by section 5505 of this title. In selecting the recipients of grants for planning projects under paragraph (4)(A), the Secretary shall consider— the extent to which a proposed planning project— comprehensively addresses both freight and passenger rail issues and needs; considers high-performance rail’s role within a multimodal context; follows a planning process that allows for meaningful incorporation of input from affected communities, local governments, regional councils and planning organizations, railroads, transportation modal partners, environmental interests, workforce investment boards, economic development agencies, the public, and other stakeholders, early and throughout the process; is integrated with other transportation planning efforts; will result in the appropriate documentation and institutional support to proceed with project implementation; and examines and evaluates non-transportation issues that could be affected by future capital projects, including but not limited to land use, economic development, and social equity; and Any other relevant factors as determined by the Secretary. The Federal share of total project costs for a grant provided under paragraph (4)(A) shall not exceed 80 percent of the total project cost. The Federal share of total project costs for a grant or contract provided under this paragraph (4)(B)–(D) may be up to 100 percent of the total project cost. The Secretary may retain up to two percent of the funds made available under section 24602(b) of this title to facilitate the preparation of national planning tools and analyses, multi-State regional rail plans, and service development plans and related environmental reviews for corridors located in multiple States. The Secretary of Transportation may expend up to one-half percent of the funds made available each fiscal year under section 24602(a) of this title to conduct oversight of and to provide training and technical assistance for the current passenger rail service program. The Secretary of Transportation may expend up to 1 percent of the funds made available each fiscal year under section 24602(b) of this title to conduct oversight, training and technical assistance, and project evaluations and assessments for the rail service improvement program. The Federal share of a contract under this subsection shall be 100 percent. The Secretary shall develop and implement oversight procedures to monitor the effective and efficient use of funds appropriated under this chapter. These procedures shall include such measures as the Secretary deems necessary to identify, mitigate, and monitor risks to successful delivery of projects. These procedures may include— entering into contracts for safety, procurement, management, and financial compliance reviews, audits, and reports of a recipient of funds appropriated under this chapter; conducting site visits to review the progress and implementation of projects under this chapter; and establishing field offices to oversee projects and to provide project delivery assistance to the recipients of financial assistance under this chapter. Each recipient of financial assistance under this chapter shall provide the Secretary or the Secretary’s designee, including a contractor the Secretary chooses under paragraph (1)(A) of this subsection, with access to the construction sites and records of the recipient when reasonably necessary. The Secretary shall develop and implement procedures for evaluating the implementation of projects receiving funds made available under sections 24602(b) of this title and assessing the extent to which these projects achieved intended outcomes and public benefits. These procedures may include— establishing criteria to guide the selection of grants under section 24602(b) for individual assessments; identifying, collecting, and analyzing standardized data and metrics related to grant applications under section 24602
(b)and (c), and to the implementation, outcomes, and public benefits of projects receiving grants under section 24602(b); performing a national evaluation of overall program results and outcomes under section 24602(b); undertaking statistical and cost-benefit analyses to identify strategies for maximizing return on investment of Federal funding in rail research, planning, and construction; and entering into grants or contracts for the purpose of carrying out the procedures established under this paragraph. The Secretary shall develop and implement procedures to provide training and technical assistance to grantees and other stakeholders in order to ensure the effective and efficient use of funds appropriated under this chapter. To receive Federal financial assistance for a project under this chapter, an applicant shall prepare project delivery documentation, which may include the following: A project management plan. A financial plan. A system safety plan. Agreements between the project sponsor(s) and all relevant entities. A project risk management plan. Other documents identified by the Secretary as relevant to carrying out project management oversight activities under this section. The Secretary shall require, as a condition of making any financial assistance under section 24605, that such financial assistance shall comply with section 24405 (b), (c), (d), and
(e)of this title, as amended, in the same manner that funding under chapter 244 of part C of subtitle V of this title is required to comply with section 24405 (b), (c), (d), and
(e)of this title. A recipient of assistance may advertise, post job opportunities on State job banks and with One Stop centers established under the Workforce Investment Act, and award a contract for construction containing requirements for the employment of individuals residing in or adjacent to any of the areas in which the work is to be performed is for construction work required under the contract, provided that— all or part of the construction work performed under the contract occurs in an area that has— a per capita income of 80 percent or less of the national average; or an unemployment rate that is for the most recent 24-month period for which data are available at least 1 percent greater than the national average unemployment rate; the estimated cost of the project of which the contract is a part is greater than $10 million; the recipient may not require the hiring of individuals who do not have the necessary skills to perform work in any craft or trade, except for individuals who are subject to a apprenticeship program or other training program meeting the requirements of subsection 24605(e) of this title; and the award of such a contract complies with agreements subject to the Railway Labor Act (45 U.S.C. 151–188), if applicable. In advertising an awarding a contract under this subsection, the Secretary or a recipient of assistance shall ensure that the requirements contained in the advertisement would not— compromise the quality of the project; unreasonably delay the completion of the project; or unreasonably increase the cost of the project. The Secretary shall make available to recipients the workforce development and training programs set forth in section 24605(e)(4)(D)(ii) of this title to assist recipients who wish to establish training programs that satisfy the provisions of subsection (b)(1)(C). The Secretary of Labor shall make available its qualifying workforce and training development programs to recipients who wish to establish training programs that satisfy the provisions of section (b)(1)(C). . The chapter analysis for subtitle V is amended by inserting the following after the item relating to chapter 244: 246. National High-Performance Rail System 24601 .
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- Pub. L. 110-432
- Pub. L. 94-210
- 45 USC 151–188
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Sec. 9102
Grant programs
Pub. L.Pub. L. 110-432
Pub. L.Pub. L. 94-210
Cite45 USC 151–188
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