I
107TH CONGRESS
2D SESSION
H. R. 4545
To authorize appropriations for the benefit of Amtrak for fiscal year 2003,
and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
APRIL 23, 2002
Mr. YOUNG of Alaska (for himself and Mr. QUINN) introduced the following
bill; which was referred to the Committee on Transportation and Infra-
structure
A BILL
To authorize appropriations for the benefit of Amtrak for
fiscal year 2003, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Amtrak Reauthoriza-
tion Act of 2002’’.
SEC. 2. AUTHORIZATION OF APPROPRIATIONS.
Section 24104 of title 49, United States Code, is
amended to read as follows:
‘‘§ 24104. Authorization of appropriations
‘‘(a) CAPITAL EXPENSES.—
‘‘(1) AUTHORIZATION.—There are authorized to
be appropriated to the Secretary of Transportation,
for the benefit of Amtrak, $800,000,000 for fiscal
year 2003 for capital expenditures.
‘‘(2) PAYMENT TO AMTRAK.—
‘‘(A) NEW CAPITAL PROJECTS.—The Sec-
retary shall make payments to Amtrak of
amounts authorized under paragraph (1) for
capital projects not begun before the date of the
enactment of the Amtrak Reauthorization Act
of 2002 only if the Secretary has received, ei-
ther in an annual work plan or a supplement
thereto, a description of the work to be funded,
a work timetable, cost estimates, and a list of
other funding sources if the project is not en-
tirely funded by the Federal Government, with
an identification for each project as to which
business unit described in subsection (e)(1) it is
associated with. The Secretary shall determine,
within 30 days after receiving a work plan or
supplement, whether each of the capital projects
proposed is sufficiently justified. To the extent
that the Secretary determines that a project is
justified, the Secretary shall make payments
under this subparagraph within 30 days after
receipt from Amtrak of a request for funds for
the project.
‘‘(B) ONGOING
CAPITAL
PROJECTS.—In
the case of capital projects begun before the
date of the enactment of the Amtrak Reauthor-
ization Act of 2002, Amtrak shall transmit to
the Secretary within 180 days after such date
of enactment a description of the work funded,
a work timetable, cost estimates, and a list of
other funding sources if the project is not en-
tirely funded by the Federal Government. The
Secretary shall determine, within 30 days after
receiving a description of the work funded,
whether each of the capital projects proposed is
sufficiently justified. To the extent that the
Secretary determines that a project is justified,
the Secretary shall make payments under this
subparagraph within 30 days after receipt from
Amtrak of a request for funds for the project.
The Secretary shall not provide any further
funding for a project until the Secretary re-
ceives a description required under this sub-
paragraph.
‘‘(3) PROJECT OVERSIGHT.—
‘‘(A) NOTICE OF CHANGES.—If the scope,
timetable, or cost of a project funded under
paragraph (2) substantially changes, Amtrak
shall notify the Secretary within 30 days after
Amtrak learns of the change.
‘‘(B) OVERSIGHT.—The Secretary shall
conduct oversight activities, including inspec-
tions as necessary, to ensure appropriate
progress of projects funded under paragraph
(2).
‘‘(b) OPERATING EXPENSES.—
‘‘(1) AUTHORIZATION.—There are authorized to
be appropriated to the Secretary, for the benefit of
Amtrak, $200,000,000 for fiscal year 2003 for oper-
ating expenditures.
‘‘(2) PAYMENT
TO
AMTRAK.—The Secretary
shall make payments to Amtrak of amounts author-
ized under paragraph (1) as follows:
‘‘(A) 50 percent on October 1.
‘‘(B) 25 percent on January 1.
‘‘(C) 25 percent on April 1.
Payments under this paragraph may only be made
after 30 days have expired after receipt by the Sec-
retary of all documents due under subsection (e).
‘‘(c) EXCESS RRTA.—
‘‘(1) AUTHORIZATION.—There are authorized to
be appropriated to the Secretary, for payment to the
Treasury by the Secretary on behalf of Amtrak, for
fiscal year 2003 an amount equal to the amount
Amtrak is required to pay under section 3221 of the
Internal Revenue Code of 1986 that is more than
the amount needed for anticipated benefits for indi-
viduals who retire from Amtrak and for their bene-
ficiaries.
‘‘(2) REQUEST
FOR
TRANSFER
OF
FUNDS.—
The Secretary shall make payments to the Treasury
of amounts authorized under paragraph (1) only
after the Secretary has received from Amtrak a re-
quest for the transfer of such funds, which shall in-
clude materials supporting, to the satisfaction of the
Secretary, the amount of the request.
‘‘(d) RAIL SECURITY.—In addition to amounts au-
thorized under subsections (a), (b), and (c), there are au-
thorized to be appropriated to the Secretary of Transpor-
tation for fiscal year 2003—
‘‘(1) $375,000,000 for grants to finance the
cost of enhancements to the security and safety of
Amtrak intercity rail passenger service; and
‘‘(2) $400,000,000 for grants for life safety im-
provements to 6 New York Amtrak tunnels built in
1910, the Baltimore & Potomac Amtrak tunnel built
in 1872, and the Washington, D.C. Union Station
Amtrak tunnels built in 1904 under the Supreme
Court and House and Senate Office Buildings.
‘‘(e) ANNUAL BUSINESS PLAN AND QUARTERLY AS-
SESSMENTS.—
‘‘(1) BUSINESS
PLAN.—Not later than Sep-
tember 1, 2002, Amtrak shall transmit to the Sec-
retary a comprehensive business plan for fiscal year
2003, including targets for ridership, revenues, and
capital and operating expenses. The plan shall in-
clude a separate accounting of such targets for each
of the following business units:
‘‘(A) Northeast Corridor.
‘‘(B) Autotrain.
‘‘(C) Amtrak West.
‘‘(D) Each other long-distance intercity
train route, accounted for separately.
‘‘(E) Contract Operations.
‘‘(F) Mail and Express.
‘‘(G) Corporate.
‘‘(2) QUARTERLY
ASSESSMENTS.—Not later
than 30 days before the beginning of each fiscal
quarter, Amtrak shall transmit to the Secretary—
‘‘(A) an assessment of the extent to which
each goal identified in the plan transmitted
under paragraph (1) has been achieved;
‘‘(B) an explanation of any failure to
achieve such a goal; and
‘‘(C) a description of any deviation from
the business plan.
The assessment required under subparagraph (A)
shall be prepared by an outside financial consultant,
which shall not be an entity that has assisted Am-
trak in the preparation of a business plan under
paragraph (1).
‘‘(3) CERTIFICATION.—The President of Am-
trak shall certify each business plan and quarterly
assessment transmitted under this subsection, and
any other document required by this section to be
transmitted to the Secretary.
‘‘(f) AVAILABILITY OF AMOUNTS AND EARLY APPRO-
PRIATIONS.—(1) Amounts appropriated under this section
remain available until expended.
‘‘(2) Amounts for capital acquisitions and improve-
ments may be appropriated in a fiscal year before the fis-
cal year in which the amounts will be obligated.
‘‘(g) LIMITATIONS ON USE.—Amounts appropriated
under this section may not be used to subsidize operating
losses of commuter rail passenger or rail freight transpor-
tation.’’.
Æ