The 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. 117–58, 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. 91–190, 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.

2021—Pub. L. 117–58, § 22307(a)(1), substituted “for intercity passenger rail” for “for state of good repair” in section catchline.

Subsec. (a)(1)(G). Pub. L. 117–58, § 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. 117–58, § 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. 117–58, § 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. 117–58, § 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. 117–58, § 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. 117–58, § 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. 117–58, § 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. 117–58, § 22307(a)(5), inserted “, except as specified under paragraph (4)” after “80 percent”.

Subsec. (g). Pub. L. 117–58, § 22307(a)(6)(A), inserted “; Phased Funding Agreements” after “Intent” in heading.

Subsec. (g)(1). Pub. L. 117–58, § 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. 117–58, § 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. 117–58, § 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. 117–58, § 22307(a)(6)(E)(ii), inserted “the phased funding agreement or” after “a copy of”.

Subsec. (g)(4). Pub. L. 117–58, § 22307(a)(6)(F), designated existing provisions as subpar. (B), inserted heading, and added subpar. (A).

Pub. L. 117–58, § 22307(a)(6)(C), redesignated par. (3) as (4).

Subsec. (i). Pub. L. 117–58, § 22307(a)(7), substituted “sections 22903 and 22905” for “section 22905”.

Subsecs. (j), (k). Pub. L. 117–58, § 22307(a)(8), added subsecs. (j) and (k).

2019—Subsec. (i). Pub. L. 115–420 substituted “22905” for “24405”.

2018—Subsec. (e)(1). Pub. L. 115–141 substituted “transportation at the eligible project location” for “transportation”.

Section effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as an Effective Date of 2015 Amendment note under section 5313 of Title 5, Government Organization and Employees.