Sec. 35201. Amtrak grant process
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Chapter 243 is amended by adding at the end the following: Not later than 180 days after the date of enactment of the Railroad Reform, Enhancement, and Efficiency Act , Amtrak shall establish and maintain internal controls to ensure Amtrak’s costs, revenues, and other compensation are appropriately and proportionally allocated to its Northeast Corridor train services or infrastructure, its State-supported routes, its long-distance routes, and its other national network activities.
Nothing in this section shall be construed to limit the ability of Amtrak to enter into an agreement with 1 or more States to allocate operating and capital costs under section 209 of the Passenger Rail Investment and Improvement Act of 2008 ( 49 U.S.C. 24101 note). Not later than 90 days after the date of enactment of the Railroad Reform, Enhancement, and Efficiency Act , the Secretary of Transportation shall establish and transmit to the Committee on Commerce, Science, and Transportation and the Committee on Appropriations of the Senate and the Committee on Transportation and Infrastructure and the Committee on Appropriations of the House of Representatives substantive and procedural requirements, including schedules, for grant requests under this section.
Amtrak shall transmit grant requests for Federal funds appropriated to the Secretary of Transportation for the use of Amtrak to— the Secretary; and the Committee on Commerce, Science, and Transportation, the Committee on Appropriations, and the Committee on the Budget of the Senate and the Committee on Transportation and Infrastructure, the Committee on Appropriations, and the Committee on the Budget of the House of Representatives. A grant request under subsection
(b)shall— describe projected operating and capital costs for the upcoming fiscal year for Northeast Corridor train services and infrastructure, Amtrak's State-supported routes, and Amtrak's long-distance routes, and Amtrak's other national network activities, as applicable, in comparison to prior fiscal year actual financial performance; describe the capital projects to be funded, with cost estimates and an estimated timetable for completion of the projects covered by the request; assess Amtrak's financial condition; be displayed on Amtrak’s Web site within a reasonable timeframe following its transmission under subsection (b); and describe how the funding requested in a grant will be allocated to the accounts established under section 24319(a), considering the projected operating losses or capital costs for services and activities associated with such accounts over the time period intended to be covered by the grants. Not later than 30 days after the date that Amtrak submits a grant request under this section, the Secretary of Transportation shall complete a review of the request and provide notice to Amtrak that— the request is approved; or the request is disapproved, including the reason for the disapproval and an explanation of any incomplete or deficient items. If a grant request is approved, the Secretary shall enter into a grant agreement with Amtrak that allocates the grant funding to 1 of the 4 accounts established under section 24319(a). Not later than 15 days after the date of the notice under paragraph (1)(A)(ii), Amtrak shall submit a modified request for the Secretary’s review. Not later than 15 days after the date that Amtrak submits a modified request under paragraph (2), the Secretary shall either approve the modified request, or, if the Secretary finds that the request is still incomplete or deficient, the Secretary shall identify in writing to the Committee on Commerce, Science, and Transportation, the Committee on Appropriations, and the Committee on the Budget of the Senate and the Committee on Transportation and Infrastructure, the Committee on Appropriations, and the Committee on the Budget of the House of Representatives the remaining deficiencies and recommend a process for resolving the outstanding portions of the request. A grant agreement entered into under subsection
(d)shall specify the operations, services, and other activities to be funded by the grant. The grant agreement shall include provisions, consistent with the requirements of this chapter, to measure Amtrak’s performance and ensure accountability in delivering the operations, services, or activities to be funded by the grant. Except as provided in paragraph (3), in each fiscal year for which amounts are appropriated to the Secretary for the use of Amtrak, and for which the Secretary and Amtrak have entered into a grant agreement under subsection (d), the Secretary shall disburse grant funds to Amtrak on the following schedule: 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 the schedule under paragraph
(2)if Amtrak, for good cause, requests more frequent payment before the end of a payment period; or with a different frequency or in different percentage allocations in the event of a continuing resolution or in the absence of an appropriations Act for the duration of a fiscal year. 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 cross-subsidize operating losses or capital costs of commuter rail passenger or freight rail transportation. Beginning not later than October 1, 2016, Amtrak, in consultation with the Secretary of Transportation, shall define and establish— a Northeast Corridor investment account, including subaccounts for Amtrak train services and infrastructure; a State-supported account; a long-distance account; and an other national network activities account. Amtrak shall deposit in the Northeast Corridor investment account established under subsection (a)(1)— a portion of the grant funds appropriated under the authorization in section 35101(a) of the Railroad Reform, Enhancement, and Efficiency Act , or any subsequent Act appropriating funds for the use of Amtrak, as specified in a grant agreement entered into under section 24318; any compensation received from commuter rail passenger transportation providers for such providers' share of capital costs on the Northeast Corridor provided to Amtrak under section 24905(c); any operating surplus of the Northeast Corridor train services or infrastructure, as allocated under section 24317; and any other net revenue received in association with the Northeast Corridor, including freight access fees, electric propulsion, and commercial development. Except as provided in subsection (f), amounts deposited in the Northeast Corridor investment account shall be made available for the use of Amtrak for its share of— capital projects described in section 24904(a)(2)(E)(i), and developed under the planning process established under that section, to bring Northeast Corridor infrastructure to a state-of-good-repair; capital projects described in clauses
(ii)and
(iv)of section 24904(a)(2)(E) that are developed under the planning process established under that section intended to increase corridor capacity, improve service reliability, and reduce travel time on the Northeast Corridor; capital projects to improve safety and security; capital projects to improve customer service and amenities; acquiring, rehabilitating, manufacturing, remanufacturing, overhauling, or improving equipment and associated facilities used for intercity rail passenger transportation by Northeast Corridor train services; retirement of principal and payment of interest on loans for capital projects described in this paragraph or for capital leases for equipment and related to the Northeast Corridor; participation in public-private partnerships, joint ventures, and other mechanisms or arrangements that result in the completion of capital projects described in this paragraph; and indirect, common, corporate, or other costs directly incurred by or allocated to the Northeast Corridor. Amtrak shall deposit in the State-supported account established under subsection (a)(2)— a portion of the grant funds appropriated under the authorization in section 35101(a) of the Railroad Reform, Enhancement, and Efficiency Act , or any subsequent Act appropriating funds for the use of Amtrak, as specified in a grant agreement entered into under section 24318; any compensation received from States provided to Amtrak under section 209 of the Passenger Rail Investment and Improvement Act of 2008 ( 42 U.S.C. 24101 note); and any operating surplus from its State-supported routes, as allocated under section 24317. Except as provided in subsection (f), amounts deposited in the State-supported account shall be made available for the use of Amtrak for capital expenses and operating costs, including indirect, common, corporate, or other costs directly incurred by or allocated to State-supported routes, of its State-supported routes and retirement of principal and payment of interest on loans or capital leases attributable to its State-supported routes. Amtrak shall deposit in the long-distance account established under subsection (a)(3)— a portion of the grant funds appropriated under the authorization in section 35101(a) of the Railroad Reform, Enhancement, and Efficiency Act , or any subsequent Act appropriating funds for the use of Amtrak, as specified in a grant agreement entered into under section 24318; any compensation received from States provided to Amtrak for costs associated with its long-distance routes; and any operating surplus from its long-distance routes, as allocated under section 24317. Except as provided in subsection (f), amounts deposited in the long-distance account shall be made available for the use of Amtrak for capital expenses and operating costs, including indirect, common, corporate, or other costs directly incurred by or allocated to long-distance routes, of its long-distance routes and retirement of principal and payment of interest on loans or capital leases attributable to the long-distance routes. Amtrak shall deposit in the other national network activities account established under subsection (a)(4)— a portion of the grant funds appropriated under the authorization in section 35101(a) of the Railroad Reform, Enhancement, and Efficiency Act , or any subsequent Act appropriating funds for the use of Amtrak, as specified in a grant agreement entered into under section 24318; any compensation received from States provided to Amtrak for costs associated with its other national network activities; and any operating surplus from its other national network activities. Except as provided in subsection (f), amounts deposited into the other national network activities account shall be made available for the use of Amtrak for capital and operating costs not allocated to the Northeast Corridor investment account, State-supported account, or long-distance account, and retirement of principal and payment of interest on loans or capital leases attributable to other national network activities. Amtrak may transfer any funds appropriated under the authorization in section 35101(a) of the Railroad Reform, Enhancement, and Efficiency Act , or any subsequent Act appropriating funds for the use of Amtrak for deposit into the accounts described in that section, or any surplus generated by operations, between the Northeast Corridor, State-supported, long-distance, and other national network activities accounts— upon the expiration of 10 days after the date that Amtrak notifies the Amtrak Board of Directors, including the Secretary, of the planned transfer; and with the approval of the Secretary. Not later than 5 days after the date that Amtrak notifies the Amtrak Board of Directors of a planned transfer under paragraph (1), Amtrak shall transmit to the Committee on Commerce, Science, and Transportation and the Committee on Appropriations of the Senate and the Committee on Transportation and Infrastructure and the Committee on Appropriations of the House of Representatives a report that includes— the amount of the transfer; and a detailed explanation of the reason for the transfer, including— the effects on Amtrak services funded by the account from which the transfer is drawn, in comparison to a scenario in which no transfer was made; and the effects on Amtrak services funded by the account receiving the transfer, in comparison to a scenario in which no transfer was made. Not later than 5 days after the date that Amtrak notifies the Amtrak Board of Directors of a planned transfer under paragraph
(1)of funds to or from the State-supported account, Amtrak shall transmit to each State that sponsors a State-supported route a letter that includes the information described under subparagraphs
(A)and
(B)of paragraph (2). Not later than 5 days after the date that Amtrak notifies the Amtrak Board of Directors of a planned transfer under paragraph
(1)of funds to or from the Northeast Corridor account, Amtrak shall transmit to the Northeast Corridor Commission a letter that includes the information described under subparagraphs
(A)and
(B)of paragraph (2). The Secretary shall enforce the provisions of each grant agreement under section 24318(d), including any deposit into an account under this section. The Secretary may issue a letter of intent to Amtrak announcing an intention to obligate, for a major capital project described in clauses
(ii)and
(iv)of section 24904(a)(2)(E), 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 Commerce, Science, and Transportation and the Committee on Appropriations of the Senate and the Committee on Transportation and Infrastructure and the Committee on Appropriations of the House of Representatives of the proposed letter. The Secretary shall include with the notice 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 the criteria under 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. . The table of contents for chapter 243 is amended by adding at the end the following: 24317. Costs and revenues. 24318. Grant process. 24319. Accounts. . Section 206 of the Passenger Rail Investment and Improvement Act of 2008 ( 49 U.S.C. 24101 note) and the item relating to that section in the table of contents of that Act are repealed. Section 24104 and the item relating to that section in the table of contents of chapter 241 are repealed.
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- 42 USC 24101
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