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49 U.S.C. § 24317Accounts

submitted 11 years ago by Pub. L. 114-94 to r/title-49-TRANSPORTATION · 1,123 words · no verdicts yet

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This section sets up separate accounts for Amtrak's Northeast Corridor and National Network money. The Secretary of Transportation designs the account structure, and Amtrak sorts revenue and costs into it. Amtrak can shift funds between the two accounts, but big transfers need notice and sometimes Secretary approval.

(a) Purpose — This section exists to: (1) help Amtrak use and manage its revenue, government and private investments, grants, and other funding well; and (2) make it clearer how revenue (including federal grants) and costs are split among Amtrak's service lines, while keeping both the Northeast Corridor and the National Network financially healthy. (b) Account Structure — (1) The Secretary of Transportation, working with Amtrak, must set up, maintain, and periodically update an account structure and better accounting methods to support the Northeast Corridor and National Network. (2) The Secretary must tell four congressional committees (Senate Commerce, Senate Appropriations, House Transportation and Infrastructure, House Appropriations) about any major changes to the account structure, including changes to the service lines (defined in section 24320(b)(1)) and asset lines (defined in section 24320(c)(1)). (c) Financial Sources — When setting up the accounts, the Secretary must make sure, as much as practical, that Amtrak sorts money as follows: (1) Into the Northeast Corridor account: all revenue, grants, and other funding tied to the Northeast Corridor, including (A) grant money appropriated for it under the Passenger Rail Reform and Investment Act of 2015 or later laws, (B) payments from commuter rail providers for their share of Northeast Corridor costs under section 24905(c), and (C) any operating surplus from the Northeast Corridor, split under section 24318. (2) Into the National Network account: all revenue, grants, and other funding tied to the National Network, including (A) grant money appropriated for it under the same 2015 Act or later laws, (B) payments from states under section 209 of the 2008 Act, and (C) any National Network operating surplus, split under section 24318. (d) Financial Uses — The Secretary must also make sure, as much as practical, that money in each account gets spent as follows: (1) Northeast Corridor money covers all related costs, including (A) operating activities, (B) capital activities described in section 24904(a)(2)(E), (C) buying, fixing, or upgrading equipment and facilities for Northeast Corridor train service, (D) paying principal and interest on loans or capital leases for these projects, (E) other capital projects the Secretary approves, consistent with section 24905(c)(1)(A)(i), and (F) capital projects described in section 24904(b), if they apply. (2) National Network money covers all related costs, including (A) operating activities, (B) capital activities, and (C) principal and interest on related loans or leases. (e) Implementation and Reporting — (1) Amtrak, working with the Secretary, must maintain and use the account structure so it can produce sources-and-uses statements for each service line and, where relevant, each asset line, showing where money comes from and how it moves between accounts. (2) Within 30 days after the new structure is in place, and monthly after that, Amtrak must send the Secretary updated sources-and-uses statements — unless the Secretary and Amtrak agree to report on a different schedule. (f) Account Management — For routine account management, Amtrak can move money between the Northeast Corridor and National Network accounts without the prior notice and approval required by subsection (g), as long as the transfer: (1) doesn't materially hurt Amtrak's ability to hit its financial, capital, and operating goals for the year; and (2) wouldn't materially change any grant agreement made under section 24319(d) or other required federal agreements. (g) Transfer Authority — (1) If a transfer doesn't meet the routine standards in subsection (f), Amtrak can still move money between the two accounts if: (A) it tells the Amtrak Board of Directors, including the Secretary, at least 10 days before the transfer; and (B) for any transfer that would materially change a grant agreement, the Secretary approves it first. (2) Within 5 days of getting that notice, the Board must send the Secretary and four congressional committees a report giving (A) the transfer amount, and (B) a detailed reason for it, including (i) the effect on services funded by the account losing money, compared to not transferring, and (ii) the effect on services funded by the account gaining money, compared to not transferring. (3) Within 5 days of notifying the Board, Amtrak must also send a letter with that same information to the State-Supported Route Committee and the Northeast Corridor Commission. (h) Definition of Northeast Corridor — For this section only, "Northeast Corridor" means the main rail line between Boston and Washington, D.C., plus the facilities and services used to run and maintain it — regardless of how section 24102 defines it elsewhere.
the actual law source: uscode.house.gov ↗public domain
(a)Purpose.—

The purpose of this section is to—

(1)

promote the effective use and stewardship by Amtrak of Amtrak revenues, Federal, State, and third party investments, appropriations, grants and other forms of financial assistance, and other sources of funds; and

(2)

enhance the transparency of the assignment of revenues, including Federal grant funds, and costs among Amtrak service lines while ensuring the health of the Northeast Corridor and National Network.

(b)Account Structure.—
(1)In general.—

The Secretary of Transportation, in consultation with Amtrak, shall define, maintain, and periodically update an account structure and improvements to accounting methodologies, as necessary, to support the Northeast Corridor and the National Network.

(2)Notification of substantive changes.—

The Secretary shall notify the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Appropriations of the Senate, the Committee on Transportation and Infrastructure of the House of Representatives, and the Committee on Appropriations of the House of Representatives regarding any substantive changes made to the account structure, including changes to—

(A)

the service lines described in section 24320(b)(1); and

(B)

the asset lines described in section 24320(c)(1).

(c)Financial Sources.—

In defining, maintaining, and updating the account structure and improvements to accounting methodologies required under subsection (b), the Secretary shall ensure, to the greatest extent practicable, that Amtrak assigns the following:

(1)

For the Northeast Corridor account, all revenues, appropriations, grants and other forms of financial assistance, compensation, and other sources of funds associated with the Northeast Corridor, including—

(A)

grant funds appropriated for the Northeast Corridor pursuant to section 11101(a) of the Passenger Rail Reform and Investment Act of 2015 or any subsequent Act;

(B)

compensation received from commuter rail passenger transportation providers for such providers’ share of capital and operating costs on the Northeast Corridor provided to Amtrak pursuant to section 24905(c); and

(C)

any operating surplus of the Northeast Corridor, as allocated pursuant to section 24318.

(2)

For the National Network account, all revenues, appropriations, grants and other forms of financial assistance, compensation, and other sources of funds associated with the National Network, including—

(A)

grant funds appropriated for the National Network pursuant to section 11101(b) of the Passenger Rail Reform and Investment Act of 2015 or any subsequent Act;

(B)

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); 1 and

(C)

any operating surplus of the National Network, as allocated pursuant to section 24318.

(d)Financial Uses.—

In defining, maintaining, and updating the account structure and improvements to accounting methodologies required under subsection (b), the Secretary shall ensure, to the greatest extent practicable, that amounts assigned to the Northeast Corridor and National Network accounts shall be used by Amtrak for the following:

(1)

For the Northeast Corridor, all associated costs, including—

(A)

operating activities;

(B)

capital activities as described in section 24904(a)(2)(E);

(C)

acquiring, rehabilitating, manufacturing, remanufacturing, overhauling, or improving equipment and associated facilities used for intercity rail passenger transportation by Northeast Corridor train services;

(D)

payment of principal and interest on loans for capital projects described in this paragraph or for capital leases attributable to the Northeast Corridor;

(E)

other capital projects on the Northeast Corridor, determined appropriate by the Secretary, and consistent with section 24905(c)(1)(A)(i); and

(F)

if applicable, capital projects described in section 24904(b).

(2)

For the National Network, all associated costs, including—

(A)

operating activities;

(B)

capital activities; and

(C)

the payment of principal and interest on loans or capital leases attributable to the National Network.

(e)Implementation and Reporting.—
(1)In general.—

Amtrak, in consultation with the Secretary of Transportation, shall maintain and implement any account structures and improvements defined under subsection (b) to enable Amtrak to produce sources and uses statements for each of the service lines described in section 24320(b)(1) and, as appropriate, each of the asset lines described in section 24320(c)(1), that identify sources and uses of revenues, appropriations, and transfers between accounts.

(2)Updated sources and uses statements.—

Not later than 30 days after the implementation of subsection (b), and monthly thereafter, Amtrak shall submit to the Secretary of Transportation updated sources and uses statements for each of the service lines and asset lines referred to in paragraph (1). The Secretary and Amtrak may agree to a different frequency of reporting.

(f) Account Management.—

For the purposes of account management, Amtrak may transfer funds between the Northeast Corridor account and National Network account without prior notification and approval under subsection (g) if such transfers—

(1)

do not materially impact Amtrak’s ability to achieve its anticipated financial, capital, and operating performance goals for the fiscal year; and

(2)

would not materially change any grant agreement entered into pursuant to section 24319(d), or other agreements made pursuant to applicable Federal law.

(g)Transfer Authority.—
(1)In general.—

If Amtrak determines that a transfer between the accounts defined under subsection (b) does not meet the account management standards established under subsection (f), Amtrak may transfer funds between the Northeast Corridor and National Network accounts if—

(A)

Amtrak notifies the Amtrak Board of Directors, including the Secretary, at least 10 days prior to the expected date of transfer; and

(B)

solely for a transfer that will materially change a grant agreement, the Secretary approves.

(2)Report.—

Not later than 5 days after the Amtrak Board of Directors receives notification from Amtrak under paragraph (1)(A), the Board shall transmit 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, a report that includes—

(A)

the amount of the transfer; and

(B)

a detailed explanation of the reason for the transfer, including—

(i)

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

(ii)

the effects on Amtrak services funded by the account receiving the transfer, in comparison to a scenario in which no transfer was made.

(3)Notifications.—

Not later than 5 days after the date that Amtrak notifies the Amtrak Board of Directors of a transfer under paragraph (1) to or from an account, Amtrak shall transmit to the State-Supported Route Committee and Northeast Corridor Commission a letter that includes the information described under subparagraphs (A) and (B) of paragraph (2).

(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.

Source credit: (Added Pub. L. 114–94, div. A, title XI, § 11201(a), Dec. 4, 2015, 129 Stat. 1625; amended Pub. L. 117–58, div. B, title II, § 22205, Nov. 15, 2021, 135 Stat. 699.)

history & why it existsrecord from the source credit
  • 2015Enacted · Pub. L. 114-94 · 129 Stat. 1625
  • 2021Amended · Pub. L. 117-58 · 135 Stat. 699

A history note hasn’t been published yet. The record shows enactment by Pub. L. 114-94 on 2015-12-04.

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