Page:United States Statutes at Large Volume 119.djvu/2433

 PUBLIC LAW 109–115—NOV. 30, 2005

119 STAT. 2415

Corporation: Provided further, That none of the funds under this heading may be used for capital projects not approved by the Secretary of Transportation or on the National Railroad Passenger Corporation’s fiscal year 2006 business plan: Provided further, That the Secretary shall determine the cost to the Corporation for the annual Northeast Corridor capital and maintenance costs attributable to commuter rail operations over said Corridor: Provided further, That these costs shall be calculated by the Secretary based on the train mile usage of each commuter rail authority as a percentage of the total number of annual train miles used by all users of the Northeast Corridor or by whatever measure the Secretary believes to be most appropriate: Provided further, That, notwithstanding any other provision of law, the Secretary shall assess fees to each commuter rail authority for any direct capital or maintenance costs associated with that rail authority’s usage of the corridor: Provided further, That such assessments shall account fully for whatever direct annual contributions are already being made by each commuter authority for such Northeast Corridor capital and maintenance expenses in that fiscal year: Provided further, That the revenues from such fees shall be merged with this appropriation and be available for obligation and expenditure consistent with the terms and conditions of this paragraph: Provided further, That the Secretary shall transmit to Congress a monthly accounting of charges levied in accordance with the preceding proviso.

Fees.

Records.

EFFICIENCY INCENTIVE GRANTS TO THE NATIONAL RAILROAD PASSENGER CORPORATION

For an additional amount to be made available to the Secretary for efficiency incentive grants to the National Railroad Passenger Corporation, $40,000,000, to remain available until expended: Provided, That the Secretary may make grants to the National Railroad Passenger Corporation for an additional sum for operating subsidies at any time during the fiscal year for the purpose of maintaining the operation of existing Amtrak routes: Provided further, That nothing in the previous proviso should be interpreted either to encourage or discourage the Corporation with respect to adjusting existing routes or frequencies: Provided further, That the Secretary may make grants for operating subsidies at any time during the fiscal year in order to avert the Corporation’s entry into bankruptcy proceedings: Provided further, That prior to awarding additional operating grants for the purpose of the preceding proviso, the Secretary and the Inspector General of the Department of Transportation shall certify to the Committees on Appropriations of the House of Representatives and the Senate that such grants are necessary to prevent the Corporation from entering bankruptcy: Provided further, That if the Secretary and the Inspector General deem that sufficient operating funds are available to continue operations through the end of fiscal year 2006, then, as of September 1, 2006, the Secretary may make grants to the National Railroad Passenger Corporation at such times and in such amounts for capital improvements that have a direct and measurable shortterm impact on reducing operating losses of the National Railroad Passenger Corporation.

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