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49 U.S.C. § 24319 — Grant process and reporting

submitted 11 years ago by Pub. L. 114-94 to r/title-49-TRANSPORTATION · 1,380 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section sets the process for Amtrak to request and receive federal grant money. Amtrak submits a grant request yearly, the Secretary reviews and approves it, and funds go out on a set schedule. Grant money can't be used to subsidize commuter or freight rail losses.

(a) Procedures for Grant Requests — The Secretary of Transportation must: (1) set and keep up rules and schedules for how Amtrak requests grants under this section; and (2) tell four congressional committees about any changes to those rules.

(b) Grant Requests — Amtrak must send the Secretary a grant request every year, or more often if needed, for the federal money Congress has given the Secretary to pass on to Amtrak.

(c) Contents — (1) In general: each grant request must, where it applies, (A) sort the federal money and program income Amtrak plans to use next year for the Northeast Corridor and National Network into the categories below; (B) describe the operations, services, programs, and projects to be funded in each category, including their expected scope, schedule, and budget, and 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 how Amtrak is working to improve its safety culture. (2) Grant categories: (A) Operating expenses — must include estimated net operating costs not covered by other Amtrak revenue, broken down by service line and itemized by route. (B) Debt service — covers spending on debt, including principal and interest, as allowed under section 205 of the 2008 Act. (C) Capital — must include capital projects mainly falling into: (i) normalized capital replacement — regular recurring maintenance of assets like track and signals; (ii) improvement projects for service and safety upgrades, done to a fixed scope, schedule, and budget; (iii) backlog capital replacement — fixing major assets like tunnels, bridges, and stations to reduce the maintenance backlog; (iv) strategic initiative projects that improve performance, cut costs, or boost efficiency; and (v) projects required by law or regulation. (D) Contingency — must include the contingency amounts set aside for operating and capital expenses and a process for using them. (3) The Secretary and Amtrak can jointly agree to change these categories if doing so would improve transparency, oversight, or delivery of the projects.

(d) Review and Approval — (1) Thirty-day approval process: (A) Within 30 days of getting a complete grant request, the Secretary must finish reviewing it and tell Amtrak whether it's approved or, if not, why, and what's missing. (B) If approved, the Secretary must sign a grant agreement with Amtrak. (2) Amtrak has 15 days after a disapproval notice to submit a modified request. (3) The Secretary then has 15 more days to approve the fixed request — or, if the Secretary finds that the request is still incomplete or deficient, to identify in writing to the four congressional committees the remaining deficiencies and recommend a process for resolving the outstanding portions of the request.

(e) Payments to Amtrak — (1) A grant agreement must spell out exactly what it funds, matching the categories in the grant request, and must include ways to measure Amtrak's performance and hold it accountable. (2) Except as noted in (3), for each year Congress funds Amtrak and a grant agreement is in place, the Secretary must pay Amtrak on this schedule: (A) 50% on October 1; (B) 25% on January 1; and (C) 25% on April 1. (3) The Secretary can pay differently — (A) using another reasonable method if the Secretary and Amtrak agree it works better for a project; (B) more often than scheduled if Amtrak has a good reason to ask for it before a payment period ends; or (C) with different timing or amounts during a continuing resolution or when there's no full-year appropriations law.

(f) Availability of Amounts and Early Appropriations — Money Congress gives the Secretary for Amtrak stays available until it's spent. 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 — This federal money can't be used to cover operating losses or capital costs of commuter rail or freight rail transportation.

(h) Applicable Laws and Regulations — (1) Despite what sections 24301(a)(3) and 7501(a)(13) of title 31 say, Amtrak counts as a "non-Federal entity" for the Single Audit Act rules in chapter 75 of title 31. (2) The Secretary may apply some or all of the standard federal grant-management, cost, and audit rules to Amtrak.

(i) Amtrak Grant Reporting — The Secretary decides how much detail Amtrak's reports on operations, services, projects, program income, cash on hand, and other activities need to include, for each grant category.

(j) 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)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.

(b)Grant Requests.—

Amtrak shall transmit to the Secretary a grant request annually, or as additionally required, for Federal funds appropriated to the Secretary of Transportation for the use of Amtrak.

(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.

(d)Review and Approval.—
(1)Thirty-day approval process.—
(A)In general.—

Not later than 30 days after the date that Amtrak submits a complete grant request under this section, the Secretary of Transportation shall finish 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 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, 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). 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, programs, projects, and other 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)

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;

(B)

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

(C)

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)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).

(j)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, § 11202(a), Dec. 4, 2015, 129 Stat. 1628; amended Pub. L. 115–420, § 4(b)(1), Jan. 3, 2019, 132 Stat. 5444; Pub. L. 117–58, div. B, title II, § 22206(b), Nov. 15, 2021, 135 Stat. 700.)

history & why it existsrecord from the source credit
  • 2015Enacted · Pub. L. 114-94 · 129 Stat. 1628
  • 2019Amended · Pub. L. 115-420 · 132 Stat. 5444
  • 2021Amended · Pub. L. 117-58 · 135 Stat. 700

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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