Sec. 22206. IMPROVED OVERSIGHT OF AMTRAK SPENDING
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## SEC. 22206 IMPROVED OVERSIGHT OF AMTRAK SPENDING ###
(a)Allocation of Costs and Revenues Section 24318(a) of title 49, United States Code, is amended by striking “Not later than 180 days after the date of enactment of the Passenger Rail Reform and Investment Act of 2015,”. ###
(b)Grant Process and Reporting Section 24319 of title 49, United States Code, is amended— ####
(1)in the section heading, by inserting “and reporting” after “process”; ####
(2)by amending subsection
(a)to read as follows: > > ### “(a) Procedures for Grant Requests > > The Secretary of Transportation shall— > > > #### “(1) > > establish and maintain substantive and procedural requirements, including schedules, for grant requests under this section; and > > > #### “(2) > > report any changes to such procedures to— > > > ##### “(A) > > the Committee on Commerce, Science, and Transportation of the Senate; > > > ##### “(B) > > the Committee on Appropriations of the Senate; > > > ##### “(C) > > the Committee on Transportation and Infrastructure of the House of Representatives; and > > > ##### “(D) > > the Committee on Appropriations of the House of Representatives.” > ; ####
(3)in subsection (b), by striking “grant requests” and inserting “a grant request annually, or as additionally required,”; ####
(4)by amending subsection
(c)to read as follows: > > ### “(c) Contents > > > #### “(1) In general > > Each grant request under subsection
(b)shall, as applicable— > > > ##### “(A) > > categorize and identify, by source, the Federal funds and program income that will be used for the upcoming fiscal year for each of the Northeast Corridor and National Network in 1 of the categories or subcategories set forth in paragraph (2); > > > ##### “(B) > > describe the operations, services, programs, projects, and other activities to be funded within each of the categories set forth in paragraph (2), including— > > > ###### “(i) > > the estimated scope, schedule, and budget necessary to complete each project and program; and > > > ###### “(ii) > > the performance measures used to quantify expected and actual project outcomes and benefits, aggregated by fiscal year, project milestone, and any other appropriate grouping; and > > > ##### “(C) > > describe the status of efforts to improve Amtrak’s safety culture. > > > #### “(2) Grant categories > > > ##### “(A) Operating expenses > > Each grant request to use Federal funds for operating expenses shall— > > > ###### “(i) > > include estimated net operating costs not covered by other Amtrak revenue sources; > > > ###### “(ii) > > specify Federal funding requested for each service line described in section 24320(b)(1); and > > > ###### “(iii) > > be itemized by route. > > > ##### “(B) Debt service > > A grant request to use Federal funds for expenses related to debt, including payment of principle and interest, as allowed under section 205 of the Passenger Rail Investment and Improvement Act of 2008 (Public Law 110-432; 49 U.S.C. 24101 note). > > > ##### “(C) Capital > > A grant request to use Federal funds and program income for capital expenses shall include capital projects and programs primarily associated with— > > > ###### “(i) > > normalized capital replacement programs, including regularly recurring work programs implemented on a systematic basis on classes of physical railroad assets, such as track, structures, electric traction and power systems, rolling stock, and communications and signal systems, to maintain and sustain the condition and performance of such assets to support continued railroad operations; > > > ###### “(ii) > > improvement projects to support service and safety enhancements, including discrete projects implemented in accordance with a fixed scope, schedule, and budget that result in enhanced or new infrastructure, equipment, or facilities; > > > ###### “(iii) > > backlog capital replacement projects, including discrete projects implemented in accordance with a fixed scope, schedule, and budget that primarily replace or rehabilitate major infrastructure assets, including tunnels, bridges, stations, and similar assets, to reduce the state of good repair backlog on the Amtrak network; > > > ###### “(iv) > > strategic initiative projects, including discrete projects implemented in accordance with a fixed scope, schedule, and budget that primarily improve overall operational performance, lower costs, or otherwise improve Amtrak’s corporate efficiency; and > > > ###### “(v) > > statutory, regulatory, or other legally mandated projects, including discrete projects implemented in accordance with a fixed scope, schedule, and budget that enable Amtrak to fulfill specific legal or regulatory mandates. > > > ##### “(D) Contingency > > A grant request to use Federal funds for operating and capital expense contingency shall include— > > > ###### “(i) > > contingency levels for specified activities and operations; and > > > ###### “(ii) > > a process for the utilization of such contingency. > > > #### “(3) Modification of categories > > The Secretary of Transportation and Amtrak may jointly agree to modify the categories set forth in paragraph
(2)if such modifications are necessary to improve the transparency, oversight, or delivery of projects funded through grant requests under this section.” > ; ####
(5)in subsection (d)(1)(A)— #####
(A)by inserting “complete” after “submits a”; #####
(B)by striking “shall complete” and inserting “shall finish”; and #####
(C)in clause (ii), by striking “incomplete or”; ####
(6)in subsection (e)— #####
(A)in paragraph (1)— ######
(i)by striking “and other activities to be funded by the grant” and inserting “programs, projects, and other activities to be funded by the grant, consistent with the categories required for Amtrak in a grant request under subsection (c)(1)(A)”; and ######
(ii)by striking “or activities” and inserting “programs, projects, and other activities”; and #####
(B)in paragraph (3)— ######
(i)by redesignating subparagraphs
(A)and
(B)as subparagraphs
(B)and (C), respectively; and ######
(ii)by inserting before subparagraph (B), as redesignated, the following: > > ##### “(A) > > using an otherwise allowable approach to the method prescribed for a specific project or category of projects under paragraph
(2)if the Secretary and Amtrak agree that a different payment method is necessary to more successfully implement and report on an operation, service, program, project, or other activity;” > ; ####
(7)by redesignating subsection
(h)as subsection (j); and ####
(8)by inserting after subsection
(g)the following: > > ### “(h) Applicable Laws and Regulations > > > #### “(1) Single audit act of 1984 > > Notwithstanding section 24301(a)(3) of this title and section 7501(a)(13) of title 31, Amtrak shall be deemed a ‘non-Federal entity’ for purposes of chapter 75 of title 31. > > > #### “(2) Regulations and guidance > > The Secretary of Transportation may apply some or all of the requirements set forth in the regulations and guidance promulgated by the Secretary relating to the management, administration, cost principles, and audit requirements for Federal awards. > > > ### “(i) Amtrak Grant Reporting > > The Secretary of Transportation shall determine the varying levels of detail and information that will be included in reports for operations, services, program, projects, program income, cash on hand, and other activities within each of the grant categories described in subsection (c)(2).” > . ###
(c)Conforming Amendments ####
(1)Reports and audits Section 24315(b)(1) of title 49, United States Code, is amended— #####
(A)in subparagraph (A), by striking “the goal of section 24902(b) of this title; and” and inserting “the goal described in section 24902(a);”; #####
(B)in subparagraph (B), by striking the period at the end and inserting “; and”; and #####
(C)by adding at the end the following: > > ##### “(C) > > shall incorporate the category described in section 24319(c)(2)(C).” > . ####
(2)Clerical amendment **[**[49 U.S.C. 24301](/us/usc/t49/s24301)**]** The analysis for chapter 243 of title 49, United States Code, is amended by striking the item relating to section 24319 and inserting the following:" “24319. Grant process and reporting.” ".
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- Pub. L. 110-432
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