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Code · STATUTE-COMPILATIONS · Fixing America’s Surface Transportation Act · Sec. 11202

Sec. 11202. AMTRAK GRANT PROCESS

1,201 words·~5 min read·/statute-compilations/comps-13423/sec-11202

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## SEC. 11202 AMTRAK GRANT PROCESS ###
(a)Requirements and Procedures Chapter 243 of title 49, United States Code, is further amended by adding at the end the following: > > ## “SEC. 24318 Costs and revenues > > **[**[49 U.S.C. 24318](/us/usc/t49/s24318)**]** > > > ### “(a) Allocation > > Not later than 180 days after the date of enactment of the Passenger Rail Reform and Investment Act of 2015, Amtrak shall establish and maintain internal controls to ensure Amtrak’s costs, revenues, and other compensation are appropriately allocated to the Northeast Corridor, including train services or infrastructure, or the National Network, including proportional shares of common and fixed costs. > > > ### “(b) Rule of construction > > 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). > > > ### “(c) Definition of Northeast Corridor > > Notwithstanding section 24102, for purposes of this section, 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. > > > ## “SEC. 24319 Grant process > > **[**[49 U.S.C. 24319](/us/usc/t49/s24319)**]** > > > ### “(a) Procedures for Grant Requests > > Not later than 90 days after the date of enactment of the Passenger Rail Reform and Investment Act of 2015, 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. > > > ### “(b) Grant Requests > > Amtrak shall transmit to the Secretary grant requests for Federal funds appropriated to the Secretary of Transportation for the use of Amtrak. > > > ### “(c) Contents > > A grant request under subsection
(b)shall, as applicable— > > > #### “(1) > > describe projected operating and capital costs for the upcoming fiscal year for Northeast Corridor activities, including train services and infrastructure, and National Network activities, including State-supported routes and long-distance routes, in comparison to prior fiscal year actual financial performance; > > > #### “(2) > > describe the capital projects to be funded, with cost estimates and an estimated timetable for completion of the projects covered by the request; and > > > #### “(3) > > assess Amtrak’s financial condition. > > > ### “(d) Review and Approval > > > #### “(1) Thirty-day approval process > > > ##### “(A) In general > > 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— > > > ###### “(i) > > the request is approved; or > > > ###### “(ii) > > the request is disapproved, including the reason for the disapproval and an explanation of any incomplete or deficient items. > > > ##### “(B) Grant agreement > > If a grant request is approved, the Secretary shall enter into a grant agreement with Amtrak. > > > #### “(2) Fifteen-day modification period > > Not later than 15 days after the date of a notice under paragraph (1)(A)(ii), Amtrak shall submit a modified request for the Secretary’s review. > > > #### “(3) Modified requests > > 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 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 the remaining deficiencies and recommend a process for resolving the outstanding portions of the request. > > > ### “(e) Payments to Amtrak > > > #### “(1) In general > > 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. > > > #### “(2) Schedule > > 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: > > > ##### “(A) > > 50 percent on October 1. > > > ##### “(B) > > 25 percent on January 1. > > > ##### “(C) > > 25 percent on April 1. > > > #### “(3) Exceptions > > The Secretary may make a payment to Amtrak of appropriated funds— > > > ##### “(A) > > 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 > > > ##### “(B) > > 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. > > > ### “(f) Availability of Amounts and Early Appropriations > > 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. > > > ### “(g) Limitations on Use > > 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. > > > ### “(h) Definition of Northeast Corridor > > Notwithstanding section 24102, for purposes of this section, 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.” > . ###
(b)Conforming Amendments The table of contents for chapter 243 is further amended by adding at the end the following:" “24318. Costs and revenues. “24319. Grant process.” ". ###
(c)Repeals ####
(1)Establishment of grant process 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. ####
(2)Authorization of Appropriations Section 24104 of title 49, United States Code, and the item relating to that section in the table of contents of chapter 241 are repealed.
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