Sec. 201. Amtrak planning and grant process

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Chapter 243 of title 49, United States Code, is amended by adding at the end the following new sections: Not later than 60 days after the date of enactment of the Passenger Rail Reform and Investment Act of 2014 , Amtrak shall establish and maintain internal controls to ensure Amtrak’s costs and revenues are allocated to either the Northeast Corridor or the National Network, including proportional shares of common and fixed costs. For purposes of this chapter, the term Northeast Corridor means the Northeast Corridor main line between Boston, Massachusetts, and the District of Columbia, and facilities and services used to operate and maintain that line.

Not later than 30 days after the date of enactment of the Passenger Rail Reform and Investment Act of 2014 , the Secretary of Transportation shall establish and transmit to the Committee on Transportation and Infrastructure and the Committee on Appropriations of the House of Representatives and the Committee on Commerce, Science, and Transportation and the Committee on Appropriations of the Senate substantive and procedural requirements, including schedules, for grant requests under this section.

Amtrak shall transmit grant requests for Federal funds to be appropriated to the Secretary for the use of Amtrak to— the Secretary; and the Committee on Transportation and Infrastructure and the Committee on Appropriations of the House of Representatives and the Committee on Commerce, Science, and Transportation and the Committee on Appropriations of the Senate. A grant request under subsection

(b)shall— provide a detailed financial analysis for the upcoming fiscal year for the Northeast Corridor, State-supported routes, and long-distance routes, including projections for the items listed in 24320(c)(1), as applicable, in comparison to prior fiscal year projections; include a description of the work to be funded, along with cost estimates and an estimated timetable for completion of the projects covered by the request; include an assessment of the continuing financial stability of Amtrak; be displayed on Amtrak’s website within a reasonable timeframe following its submission to the entities described in subsection (b); and be in similar format and substance to those submitted by executive agencies of the Federal Government. The Secretary shall complete the review of a grant request and approve or disapprove the request not later than 30 days after the date on which Amtrak submits the grant request. If the Secretary disapproves the request or determines that the request is incomplete or deficient, the Secretary shall include the reason for disapproval or the incomplete items or deficiencies in a notice to Amtrak. Not later than 15 days after receiving notification from the Secretary under paragraph (1), Amtrak shall submit a modified request for the Secretary’s review. Not later than 15 days after receiving a modified request from Amtrak, the Secretary shall either approve the modified request, or, if the Secretary finds that the request is still incomplete or deficient, the Secretary shall identify in writing to the Committee on Transportation and Infrastructure and the Committee on Appropriations of the House of Representatives and the Committee on Commerce, Science, and Transportation and the Committee on Appropriations of the Senate the remaining deficiencies and recommend a process for resolving the outstanding portions of the request. Except as provided in paragraph (2), in each fiscal year for which amounts are authorized to be appropriated, amounts appropriated shall be paid to Amtrak as follows: 50 percent on October 1. 25 percent on January 1. 25 percent on April 1. The Secretary may make a payment to Amtrak of appropriated funds more frequently than once every 90 days if Amtrak, for good cause, requests more frequent payment before a 90-day period ends. Amounts appropriated to the Secretary for the use of Amtrak shall remain available until expended. Amounts for capital acquisitions and improvements may be appropriated for a fiscal year before the fiscal year in which the amounts will be obligated. Amounts appropriated to the Secretary for the use of Amtrak may not be used to subsidize operating losses of commuter rail passenger or rail freight transportation. Amtrak shall establish— a Northeast Corridor Improvement Fund account; and a National Network account. Amtrak shall deposit in the Northeast Corridor Improvement Fund account established under subsection (a)(1)— grant funds appropriated for the Northeast Corridor Improvement Fund pursuant to section 101(a) of the Passenger Rail Reform and Investment Act of 2014 or any subsequent Act; compensation received from commuter rail passenger transportation on the Northeast Corridor provided to Amtrak pursuant to section 24905(c); and any operating surplus of the Northeast Corridor, as allocated pursuant to section 24317. Except as provided in subsection (d), amounts deposited in the Northeast Corridor Improvement Fund account shall be made available for the use of Amtrak for— capital projects described in section 24401(2)

(A)or

(B)to bring the Northeast Corridor to a state-of-good-repair, including projects described in section 24906(a)(2)(E)(i)(I); capital projects intended to increase corridor capacity, improve service reliability, and reduce travel time for rail users on the Northeast Corridor, including projects described in subclauses

(II)and

(III)of section 24906(a)(2)(E)(i), consistent with the planning process established under section 24906; and retirement of principal and payment of interest on loans for capital equipment, or capital leases, attributable to the Northeast Corridor. Amtrak shall deposit in the account established under subsection (a)(2)— grant funds appropriated for the National Network pursuant to section 101(b) of the Passenger Rail Reform and Investment Act of 2014 , or any subsequent Act; compensation received from States provided to Amtrak pursuant to section 209 of the Passenger Rail Investment and Improvement Act of 2008 ( 42 U.S.C. 24101 note); and any operating surplus from the National Network, as allocated pursuant to section 24317. Except as provided in subsection (d), amounts deposited in the National Network account shall be made available for the use of Amtrak for capital expenses and operating costs of the National Network and retirement of principal and payment of interest on loans for capital equipment, or capital leases, attributable to the National Network. Amtrak may transfer any funds appropriated pursuant to the Passenger Rail Reform and Investment Act of 2014 or any other Act, or any surplus generated by operations, between the Northeast Corridor Improvement Fund and National Network accounts upon the expiration of 60 days after Amtrak has notified the Amtrak Board of Directors of such transfer. Not later than 30 days after the Amtrak Board of Directors receives notification from Amtrak under paragraph (1), the Board shall transmit a report to the Secretary, the Committee on Transportation and Infrastructure and the Committee on Appropriations of the House of Representatives, and the Committee on Commerce, Science, and Transportation and the Committee on Appropriations of the Senate, that includes— the amount of the transfer; and a detailed explanation of the reason for the transfer, including effects on Amtrak services if no transfer were made. The Secretary shall issue a letter of intent to Amtrak announcing an intention to obligate, for a major capital project described in subclauses

(II)and

(III)of section 24906(a)(2)(E)(i), 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. At least 30 days before issuing a letter under paragraph (1), the Secretary shall notify in writing the Committee on Transportation and Infrastructure and the Committee on Appropriations of the House of Representatives, and the Committee on Commerce, Science, and Transportation and the Committee on Appropriations of the Senate, of the proposed letter. The Secretary shall include with the notification a copy of the proposed letter, the criteria used for selecting the project for a grant award, and a description of how the project meets criteria of this section. An obligation or administrative commitment may be made only when amounts are appropriated. The letter of intent shall state that the contingent commitment is not an obligation of the Federal Government, and is subject to the availability of appropriations under Federal law and to Federal laws in force or enacted after the date of the contingent commitment. Prior to entering into contracts in excess of $100,000,000 for rolling stock procurements, Amtrak shall submit a business case analysis to the Secretary, the Committee on Transportation and Infrastructure and the Committee on Appropriations of the House of Representatives, and the Committee on Commerce, Science, and Transportation and the Committee on Appropriations of the Senate, on the utility of such purchase. This analysis shall— include a cost and benefit comparison that describes the total lifecycle costs and the anticipated benefits related to revenue, operational efficiency, reliability, and other factors; set forth the total payments by fiscal year; identify the specific source and amounts of funding for each payment, including Federal funds, State funds, Amtrak profits, Federal, State, or private loans or loan guarantees, and other funding; include whether any payment under the contract will increase Amtrak’s grant request, as required under section 24318, in that particular fiscal year; and describe how Amtrak will adjust the procurement if future funding is not available. . The table of sections for chapter 243 of title 49, United States Code, is amended by adding at the end the following new items: 24317. Costs and revenues. 24318. Grant process. 24319. Accounts. . Chapter 249 of title 49, United States Code, is amended by adding at the end the following new section: Not later than 12 months after the date of enactment of the Passenger Rail Reform and Investment Act of 2014 , and annually thereafter, the Northeast Corridor Infrastructure and Operations Advisory Commission established under section 24905 (referred to in this section as the Commission ) shall develop a capital investment plan for the Northeast Corridor 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, and facilities and services used to operate and maintain those lines. Each such plan shall— be developed to establish a coordinated approach to capital spending on the Northeast Corridor; cover a period of 5 fiscal years, beginning with the first fiscal year after the date of the plan; notwithstanding section 24902(b), prioritize projects and investments along the Northeast Corridor based on— the anticipated benefits and costs of projects; the anticipated Federal and non-Federal funding available; and the information contained in the Northeast Corridor asset management plans required under subsection (b), once available; ensure coordination and optimization across the entire Northeast Corridor and among the various owners and users; include a financial plan for the investment period that— categorizes each capital project as being primarily associated with— normalized capital replacement; replacement, rehabilitation, or repair of Northeast Corridor infrastructure assets, including tunnels, bridges, stations, and other assets; or improvement of train performance on the Northeast Corridor, including reduced trip times, increased train frequencies, higher operating speeds, and other improvements; identifies the anticipated funding source and financing method for each capital project described in subclauses

(II)and

(III)of clause (i); describes the anticipated outcomes of each project, including— an assessment of the potential effect on passenger accessibility, operations, safety, reliability, and resiliency, and on the ability of infrastructure owners and operators to meet regulatory requirements should the project not be funded; and an assessment of the benefits and costs; identifies the extent to which the capital assets are or will be jointly used by intercity passenger rail service and other users, and the proportionate share of that joint usage; and for projects that are expected to be fully or partially funded through Federal financial assistance, identifies the most appropriate public agency or entity to receive those funds and implement each capital project. Any plan developed under paragraph

(1)after the publication by the Secretary of Transportation of the Northeast Corridor service development plan shall also— be developed to identify, prioritize, and phase the implementation of projects necessary to achieve the goals and findings contained in such Northeast Corridor service development plan; allow for flexibility to change prioritization and programs based upon the availability of Federal and non-Federal funding; inform the Secretary in developing recommendations for Congress on Federal funding needs for the Northeast Corridor and any corresponding Federal investments in the respective capital programs for Northeast Corridor infrastructure owners and users; and capture the network-level anticipated outcomes associated with plan implementation, including the anticipated effect on passenger accessibility, operations, safety, reliability, and resiliency. Amtrak, and States and public transportation entities that own infrastructure that supports or provides for intercity rail passenger transportation on the Northeast Corridor, shall develop and update as necessary Northeast Corridor asset management plans for the Northeast Corridor 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, and facilities and services used to operate and maintain those lines, that— are consistent with the Federal Transit Administration process, as authorized under section 5326, when implemented; include, at a minimum— an inventory of all capital assets owned by the developer of the plan; an assessment of the condition of each of those assets; a description of how the condition of each asset has changed since the previous iteration of the plan; and a description of the necessary resources and processes for bringing or maintaining those assets in a state-of-good repair, including decision support tools and investment prioritization methodologies. Not later than 12 months after the date of enactment of the Passenger Rail Reform and Investment Act of 2014 , each entity described in paragraph

(1)shall transmit to the Commission a plan developed under paragraph (1). Any updates to such plan shall also be transmitted to the Commission. The Commission shall, at least once every 10 years, update the Northeast Corridor service development plan. . The table of sections for chapter 249 of title 49, United States Code, is amended by adding at the end the following new item: 24906. Northeast Corridor planning. . The following provisions are repealed: Sections 206 and 211 of the Passenger Rail Investment and Improvement Act of 2008. Section 24104 of title 49, United States Code.

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42 USC 24101

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Sec. 201

Amtrak planning and grant process

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