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Code · STATUTE-COMPILATIONS · Infrastructure Investment and Jobs Act · Sec. 22211

Sec. 22211. STATE-SUPPORTED ROUTE COMMITTEE

1,883 words·~9 min read·/statute-compilations/comps-16776/sec-22211

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## SEC. 22211 STATE-SUPPORTED ROUTE COMMITTEE ###
(a)State-Supported Route Committee Section 24712(a) of title 49, United States Code, is amended— ####
(1)in paragraph (1)— #####
(A)by striking “Not later than 180 days after the date of enactment of the Passenger Rail Reform and Investment Act of 2015, the Secretary of Transportation shall establish” and inserting “There is established”; and #####
(B)by inserting “current and future” before “rail operations”; ####
(2)by redesignating paragraphs (4), (5), and
(6)as paragraphs (5), (6), and (7), respectively; ####
(3)by inserting after paragraph
(3)the following: > > #### “(4) Ability to conduct certain business > > If all of the members of 1 voting bloc described in paragraph
(3)abstain from a Committee decision, agreement between the other 2 voting blocs consistent with the procedures set forth in such paragraph shall be deemed sufficient for purpose of achieving unanimous consent.” > ; ####
(4)in paragraph (5), as redesignated, in the matter preceding subparagraph (A)— #####
(A)by striking “convene a meeting and shall define and implement” and inserting “define and periodically update”; and #####
(B)by striking “not later than 180 days after the date of establishment of the Committee by the Secretary”; and ####
(5)in paragraph (7), as redesignated— #####
(A)in the paragraph heading, by striking “allocation methodology” and inserting “methodology policy”; #####
(B)in subparagraph (A), by striking “allocation methodology” and inserting “methodology policy”; #####
(C)by amending subparagraph
(B)to read as follows: > > ##### “(B) Revisions to cost methodology policy > > > ###### “(i) Requirement to revise and update > > Subject to rules and procedures established pursuant to clause (iii), not later than March 31, 2022, the Committee shall revise and update the cost methodology policy required and previously approved under section 209 of the Passenger Rail Investment and Improvement Act of 2008 (49 U.S.C. 20901 note) . The Committee shall implement a revised cost methodology policy during fiscal year 2023. Not later than 30 days after the adoption of the revised cost methodology policy, the Committee shall submit a report documenting and explaining any changes to the cost methodology policy and plans for implementation of such policy, including a description of the improvements to the accounting information provided by Amtrak to the States, to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives. The revised cost methodology policy shall ensure that States will be responsible for costs attributable to the provision of service for their routes. > > > ###### “(ii) Implementation impacts on federal funding > > To the extent that a revision developed pursuant to clause
(i)assigns to Amtrak costs that were previously allocated to States, Amtrak shall request with specificity such additional funding in the general and legislative annual report required under section 24315 or in any appropriate subsequent Federal funding request for the fiscal year in which the revised cost methodology policy will be implemented. > > > ###### “(iii) Procedures for changing methodology > > Notwithstanding section 209(b) of the Passenger Rail Investment and Improvement Act of 2008 (49 U.S.C. 20901 note), the rules and procedures implemented pursuant to paragraph
(5)shall include— > > > ###### “(I) > > procedures for changing the cost methodology policy in accordance with clause (i); and > > > ###### “(II) > > procedures or broad guidelines for conducting financial planning, including operating and capital forecasting, reporting, data sharing, and governance.” > ; #####
(D)in subparagraph (C)— ######
(i)in the matter preceding clause (i), by striking “allocation methodology” and inserting “methodology policy”; ######
(ii)in clause (i), by striking “and” at the end; ######
(iii)in clause (ii)— ######
(I)by striking “allocate” and inserting “assign”; and ######
(II)by striking the period and inserting “; and”; and ######
(iv)by adding at the end the following: > > ### “(iii) > > promote increased efficiency in Amtrak’s operating and capital activities.” > ; and #####
(E)by adding at the end the following: > > ##### “(D) Independent evaluation > > Not later than March 31 of each year, the Committee shall ensure that an independent entity selected by the Committee has completed an evaluation to determine whether State payments for the most recently concluded fiscal year are accurate and comply with the applicable cost allocation methodology.” > . ###
(b)Invoices and Reports Section 24712(b) of title 49, United States Code, is amended to read as follows: > > ### “(b) Invoices and Reports > > > #### “(1) Invoices > > Amtrak shall provide monthly invoices to the Committee and to each State that sponsors a State-supported route that identify the operating costs for such route, including fixed costs and third-party costs. > > > #### “(2) Reports > > > ##### “(A) In general > > The Committee shall determine the frequency and contents of— > > > ###### “(i) > > the financial and performance reports that Amtrak is required to provide to the Committee and the States; and > > > ###### “(ii) > > the planning and demand reports that the States are required to provide to the Committee and Amtrak. > > > ##### “(B) Monthly statistical report > > > ###### “(i) Development > > Consistent with the revisions to the policy required under subsection (a)(7)(B), the Committee shall develop a report that contains the general ledger data and operating statistics from Amtrak’s accounting systems used to calculate payments to States. > > > ###### “(ii) Provision of necessary data > > Not later than 30 days after the last day of each month, Amtrak shall provide to the States and to the Committee the necessary data to complete the report developed pursuant to clause
(i)for such month.” > . ###
(c)Dispute Resolution Section 24712(c) of title 49, United States Code, is amended— ####
(1)in paragraph (1)— #####
(A)by striking “(a)(4)” and inserting “(a)(5)”; and #####
(B)by striking “(a)(6)” and inserting “(a)(7)”; and ####
(2)in paragraph (4), by inserting “related to a State-supported route that a State sponsors that is” after “amount”. ###
(d)Performance Metrics Section 24712(e) of title 49, United States Code, is amended by inserting “, including incentives to increase revenue, reduce costs, finalize contracts by the beginning of the fiscal year, and require States to promptly make payments for services delivered” before the period at the end. ###
(e)Statement of Goals and Objectives Section 24712(f) of title 49, United States Code, is amended— ####
(1)in paragraph (1), by inserting “, and review and update, as necessary,” after “shall develop”; ####
(2)in paragraph (2), by striking “Not later than 2 years after the date of enactment of the Passenger Rail Reform and Investment Act of 2015, the Committee shall transmit the statement” and inserting “As applicable, based on updates, the Committee shall submit an updated statement”; and ####
(3)by adding at the end the following: > > #### “(3) Sense of congress > > It is the sense of Congress that— > > > ##### “(A) > > the Committee shall be the forum where Amtrak and the States collaborate on the planning, improvement, and development of corridor routes across the National Network; and > > > ##### “(B) > > such collaboration should include regular consultation with interstate rail compact parties and other regional planning organizations that address passenger rail.” > . ###
(f)Other Reforms Related to State-supported Routes Section 24712 of title 49, United States Code, as amended by subsections
(a)through (e), is further amended— ####
(1)by redesignating subsections
(g)and
(h)as subsections
(k)and (l), respectively; and ####
(2)by inserting after subsection
(f)the following: > > ### “(g) New State-supported Routes > > > #### “(1) Consultation > > In developing a new State-supported route, Amtrak shall consult with— > > > ##### “(A) > > the State or States and local municipalities through which such new service would operate; > > > ##### “(B) > > commuter authorities and regional transportation authorities in the areas that would be served by the planned route; > > > ##### “(C) > > host railroads; > > > ##### “(D) > > the Administrator of the Federal Railroad Administration; and > > > ##### “(E) > > other stakeholders, as appropriate. > > > #### “(2) State commitments > > Notwithstanding any other provision of law, before beginning construction necessary for, or beginning operation of, a State-supported route that is initiated on or after the date of enactment of the Passenger Rail Expansion and Rail Safety Act of 2021, Amtrak shall enter into a memorandum of understanding, or otherwise secure an agreement, with each State that would be providing funding for such route for sharing— > > > ##### “(A) > > ongoing operating costs and capital costs in accordance with the cost methodology policy referred to in subsection (a)(7) then in effect; or > > > ##### “(B) > > ongoing operating costs and capital costs in accordance with the maximum funding limitations described in section 22908(e). > > > #### “(3) Application of terms > > In this subsection, the terms ‘capital costs’ and ‘operating costs’ shall apply in the same manner as such terms apply under the cost methodology policy developed pursuant to subsection (a)(7). > > > ### “(h) Cost Methodology Policy Update Implementation Report > > Not later than 18 months after the updated cost methodology policy required under subsection (a)(7)(B) is implemented, the Committee shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives that assesses the implementation of the updated policy. > > > ### “(i) Identification of State-supported Route Changes > > Amtrak shall— > > > #### “(1) > > not later than 120 days before the submission of the general and legislative annual report required under section 24315(b), consult with the Committee and any additional States through which a State-supported route may operate regarding any proposed changes to such route; and > > > #### “(2) > > include in such report an update of any planned or proposed changes to State-supported routes, including the introduction of new State-supported routes, including— > > > ##### “(A) > > the timeframe in which such changes would take effect; and > > > ##### “(B) > > whether Amtrak has entered into commitments with the affected States pursuant subsection (g)(2). > > > ### “(j) Economic Analysis > > Not later than 3 years after the date of enactment of the Passenger Rail Expansion and Rail Safety Act of 2021, the Committee shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives that— > > > #### “(1) > > describes the role of the State-supported routes in economic development; and > > > #### “(2) > > examines the impacts of the State-supported routes on local station areas, job creation, transportation efficiency, State economies, and the national economy.” > .
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Sec. 22211
STATE-SUPPORTED ROUTE COMMITTEE
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