H.R. 749 — what changed

“24317. Costs and revenues

“(a) In general—Not later than 60 days after the date of enactment of the Passenger Rail Reform and Investment Act of 2015, Amtrak shall establish and maintain internal controls to ensure Amtrak’s costs and revenues are allocated to either the Northeast Corridor or the National Network, including proportional shares of common and fixed costs.

“(b) Definition—For purposes of this chapter, 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.

“24318. Grant process

“(a) Procedures for grant requests—Not later than 30 days after the date of enactment of the Passenger Rail Reform and Investment Act of 2015, the Secretary of Transportation shall establish and transmit to 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 substantive and procedural requirements, including schedules, for grant requests under this section.

“(b) Grant requests—Amtrak shall transmit grant requests for Federal funds to be appropriated to the Secretary for the use of Amtrak to—

“(1) the Secretary; and

“(2) 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.

“(c) Contents—A grant request under subsection (b) shall—

“(1) provide a detailed financial analysis for the upcoming fiscal year for the Northeast Corridor, State-supported routes, and long-distance routes, including projections for the items listed in 24320(c)(1), as applicable, in comparison to prior fiscal year projections;

“(2) include a description of the work to be funded, along with cost estimates and an estimated timetable for completion of the projects covered by the request;

“(3) include an assessment of the continuing financial stability of Amtrak;

“(4) be displayed on Amtrak’s website within a reasonable timeframe following its submission to the entities described in subsection (b); and

“(5) be in similar format and substance to those submitted by executive agencies of the Federal Government.

“(d) Review and approval

changed “(1) 30-day Thirty-day approval process—The Secretary shall complete the review of a grant request and approve or disapprove the request not later than 30 days after the date on which Amtrak submits the grant request. If the Secretary disapproves the request or determines that the request is incomplete or deficient, the Secretary shall include the reason for disapproval or the incomplete items or deficiencies in a notice to Amtrak.

changed “(2) 15-day Fifteen-day modification period—Not later than 15 days after receiving notification from the Secretary under paragraph (1), Amtrak shall submit a modified request for the Secretary’s review.

“(3) Revised requests—Not later than 15 days after receiving a modified request from Amtrak, 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 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 the remaining deficiencies and recommend a process for resolving the outstanding portions of the request.

“(e) Payment to Amtrak

“(1) In general—Except as provided in paragraph (2), in each fiscal year for which amounts are authorized to be appropriated, amounts appropriated shall be paid to Amtrak as follows:

“(A) 50 percent on October 1.

“(B) 25 percent on January 1.

“(C) 25 percent on April 1.

“(2) Exception—The Secretary may make a payment to Amtrak of appropriated funds more frequently than once every 90 days if Amtrak, for good cause, requests more frequent payment before a 90-day period ends.

“(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 subsidize operating losses of commuter rail passenger or rail freight transportation.

“24319. Accounts

“(a) Establishment of accounts—Amtrak shall establish—

“(1) a Northeast Corridor Improvement Fund account; and

“(2) a National Network account.

“(b) Northeast corridor improvement fund account

“(1) Deposits—Amtrak shall deposit in the Northeast Corridor Improvement Fund account established under subsection (a)(1)—

“(A) grant funds appropriated for the Northeast Corridor Improvement Fund pursuant to section 101(a) of the Passenger Rail Reform and Investment Act of 2015 or any subsequent Act;

“(B) compensation received from commuter rail passenger transportation 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 24317.

“(2) Use of northeast corridor improvement fund account—Except as provided in subsection (d), amounts deposited in the Northeast Corridor Improvement Fund account shall be made available for the use of Amtrak for—

“(A) capital projects described in section 24401(2) (A) or (B) to bring the Northeast Corridor to a state-of-good-repair, including projects described in section 24911(a)(2)(E)(i)(I);

“(B) capital projects intended to increase corridor capacity, improve service reliability, and reduce travel time for rail users on the Northeast Corridor, including projects described in subclauses (II) and (III) of section 24911(a)(2)(E)(i), consistent with the planning process established under section 24911; and

“(C) retirement of principal and payment of interest on loans for capital equipment, or capital leases, attributable to the Northeast Corridor.

“(c) National network account

“(1) Deposits—Amtrak shall deposit in the account established under subsection (a)(2)—

“(A) grant funds appropriated for the National Network pursuant to section 101(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); and

“(C) any operating surplus from the National Network, as allocated pursuant to section 24317.

“(2) Use of national network account—Except as provided in subsection (d), amounts deposited in the National Network account shall be made available for the use of Amtrak for capital expenses and operating costs of the National Network and retirement of principal and payment of interest on loans for capital equipment, or capital leases, attributable to the National Network.

“(d) Transfer authority

“(1) Authority—Amtrak may transfer any funds appropriated pursuant to the Passenger Rail Reform and Investment Act of 2015 or any other Act, or any surplus generated by operations, between the Northeast Corridor Improvement Fund and National Network accounts upon the expiration of 60 days after Amtrak has notified the Amtrak Board of Directors of such transfer.

“(2) Report—Not later than 30 days after the Amtrak Board of Directors receives notification from Amtrak under paragraph (1), the Board shall transmit a report 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, that includes—

“(A) the amount of the transfer; and

“(B) a detailed explanation of the reason for the transfer, including effects on Amtrak services if no transfer were made.

“(e) Letters of intent

“(1) Requirement—The Secretary shall issue a letter of intent to Amtrak announcing an intention to obligate, for a major capital project described in subclauses (II) and (III) of section 24911(a)(2)(E)(i), an amount from future available budget authority specified in law that is not more than the amount stipulated as the financial participation of the Secretary in the project.

“(2) Notice to congress—At least 30 days before issuing a letter under paragraph (1), the Secretary shall notify in writing 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, of the proposed letter. The Secretary shall include with the notification a copy of the proposed letter, the criteria used for selecting the project for a grant award, and a description of how the project meets criteria of this section.

“(3) Contingent nature of obligation or commitment—An obligation or administrative commitment may be made only when amounts are appropriated. The letter of intent shall state that the contingent commitment is not an obligation of the Federal Government, and is subject to the availability of appropriations under Federal law and to Federal laws in force or enacted after the date of the contingent commitment.

“(f) Rolling stock purchases—Prior to entering into contracts in excess of $100,000,000 for rolling stock procurements, Amtrak shall submit a business case analysis 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, on the utility of such purchase. This analysis shall—

“(1) include a cost and benefit comparison that describes the total lifecycle costs and the anticipated benefits related to revenue, operational efficiency, reliability, and other factors;

“(2) set forth the total payments by fiscal year;

“(3) identify the specific source and amounts of funding for each payment, including Federal funds, State funds, Amtrak profits, Federal, State, or private loans or loan guarantees, and other funding;

“(4) include whether any payment under the contract will increase Amtrak’s grant request, as required under section 24318, in that particular fiscal year; and

“(5) describe how Amtrak will adjust the procurement if future funding is not available.”

“24911. Northeast Corridor planning

“(a) Northeast corridor capital investment plan

“(1) Requirement—Not later than 12 months after the date of enactment of the Passenger Rail Reform and Investment Act of 2015, and annually thereafter, the Northeast Corridor Infrastructure and Operations Advisory Commission established under section 24905 (referred to in this section as the “Commission”) shall develop a capital investment plan for the Northeast Corridor main line between Boston, Massachusetts, and the District of Columbia, and the Northeast Corridor branch lines connecting to Harrisburg, Pennsylvania, Springfield, Massachusetts, and Spuyten Duyvil, New York, and facilities and services used to operate and maintain those lines.

“(2) Contents—Each such plan shall—

“(A) be developed to establish a coordinated approach to capital spending on the Northeast Corridor;

“(B) cover a period of 5 fiscal years, beginning with the first fiscal year after the date of the plan;

“(C) notwithstanding section 24902(b), prioritize projects and investments along the Northeast Corridor based on—

“(i) the anticipated benefits and costs of projects;

“(ii) the anticipated Federal and non-Federal funding available; and

“(iii) the information contained in the Northeast Corridor asset management plans required under subsection (b), once available;

“(D) ensure coordination and optimization across the entire Northeast Corridor and among the various owners and users;

“(E) include a financial plan for the investment period that—

“(i) categorizes each capital project as being primarily associated with—

“(I) normalized capital replacement;

“(II) replacement, rehabilitation, or repair of Northeast Corridor infrastructure assets, including tunnels, bridges, stations, and other assets; or

“(III) improvement of train performance on the Northeast Corridor, including reduced trip times, increased train frequencies, higher operating speeds, and other improvements;

“(ii) identifies the anticipated funding source and financing method for each capital project described in subclauses (II) and (III) of clause (i);

“(iii) describes the anticipated outcomes of each project, including—

“(I) an assessment of the potential effect on passenger accessibility, operations, safety, reliability, and resiliency, and on the ability of infrastructure owners and operators to meet regulatory requirements should the project not be funded; and

“(II) an assessment of the benefits and costs;

“(iv) identifies the extent to which the capital assets are or will be jointly used by intercity passenger rail service and other users, and the proportionate share of that joint usage; and

“(v) for projects that are expected to be fully or partially funded through Federal financial assistance, identifies the most appropriate public agency or entity to receive those funds and implement each capital project.

“(3) Additional contents—Any plan developed under paragraph (1) after the publication by the Secretary of Transportation of the Northeast Corridor service development plan shall also—

“(A) be developed to identify, prioritize, and phase the implementation of projects necessary to achieve the goals and findings contained in such Northeast Corridor service development plan;

“(B) allow for flexibility to change prioritization and programs based upon the availability of Federal and non-Federal funding;

“(C) inform the Secretary in developing recommendations for Congress on Federal funding needs for the Northeast Corridor and any corresponding Federal investments in the respective capital programs for Northeast Corridor infrastructure owners and users; and

“(D) capture the network-level anticipated outcomes associated with plan implementation, including the anticipated effect on passenger accessibility, operations, safety, reliability, and resiliency.

“(b) Northeast corridor asset management plans

“(1) Contents—Amtrak, and States and public transportation entities that own infrastructure that supports or provides for intercity rail passenger transportation on the Northeast Corridor, shall develop and update as necessary Northeast Corridor asset management plans for the Northeast Corridor main line between Boston, Massachusetts, and the District of Columbia, and the Northeast Corridor branch lines connecting to Harrisburg, Pennsylvania, Springfield, Massachusetts, and Spuyten Duyvil, New York, and facilities and services used to operate and maintain those lines, that—

“(A) are consistent with the Federal Transit Administration process, as authorized under section 5326, when implemented; and

“(B) include, at a minimum—

“(i) an inventory of all capital assets owned by the developer of the plan;

“(ii) an assessment of the condition of each of those assets;

“(iii) a description of how the condition of each asset has changed since the previous iteration of the plan; and

“(iv) a description of the necessary resources and processes for bringing or maintaining those assets in a state-of-good repair, including decision support tools and investment prioritization methodologies.

“(2) Transmittal to Commission—Not later than 12 months after the date of enactment of the Passenger Rail Reform and Investment Act of 2015, each entity described in paragraph (1) shall transmit to the Commission a plan developed under paragraph (1). Any updates to such plan shall also be transmitted to the Commission.

“(c) Northeast corridor service development plan updates—The Commission shall, at least once every 10 years, update the Northeast Corridor service development plan.”

changed “24320. 5-Year Five-year capital and operating plan

“(a) Plan—Not later than 60 days after the date of enactment of an Act appropriating funds pursuant to section 101 of the Passenger Rail Reform and Investment Act of 2015, or any subsequent authorization of appropriations for the same purposes, the Amtrak Board of Directors shall prepare and transmit to 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 5-year capital and operating plan for the Northeast Corridor and National Network.

“(b) Consultation—Each such plan shall be prepared in consultation with—

“(1) the Federal Railroad Administration;

“(2) the Northeast Corridor Infrastructure and Operations Advisory Commission, with respect to the Northeast Corridor; and

“(3) the requisite States, with respect to the National Network.

“(c) Contents—A plan prepared under this section shall—

“(1) for each of the Northeast Corridor and the National Network, include—

“(A) projected revenues and expenditures for the Northeast Corridor, State-supported routes, long-distance routes, and corporate development, including Federal and non-Federal funding sources;

“(B) projected ridership levels for the Northeast Corridor, State-supported routes, and long-distance routes;

“(C) projected capital and operational funding requirements necessary to maintain passenger service in order to accommodate predicted ridership levels and predicted sources of Federal and non-Federal funding;

“(D) projected capital and operating requirements, ridership, revenue, and expenditures for new passenger service operations or service expansions;

“(E) an assessment of the continuing financial stability of Amtrak, as indicated by factors including anticipated Federal funding of capital and operating costs, Amtrak's ability to efficiently recruit, retain, and manage its workforce, and Amtrak's ability to effectively provide passenger rail service;

“(F) estimates of long-term and short-term debt and associated principal and interest payments (both current and anticipated);

“(G) annual cash flow forecasts;

“(H) a statement describing methods of estimation and significant assumptions;

“(I) specific measures that demonstrate measurable improvement year over year in the financial results of Amtrak's operations;

“(J) prior fiscal year and projected—

“(i) operating ratio, cash operating loss, and cash operating loss per passenger on a route, business line, and corporate basis;

“(ii) specific costs and savings estimates resulting from reform initiatives;

“(iii) productivity statistics on a route, business line, and corporate basis; and

“(iv) equipment reliability statistics;

“(K) capital and operating expenditures for anticipated security needs; and

“(L) a prioritization of capital expenditures by business line; and

“(2) reflect the Northeast Corridor planning, as applicable, and grant processes established under sections 24911 and 24318.

“(d) Conformance to authorized funding levels

“(1) In general—Except as provided in paragraph (2), any financial projection for a fiscal year that is included in a plan prepared under this section shall be based on the amount of dedicated funding for such fiscal year.

“(2) Absence of appropriation—In the absence of an appropriation of funds for such fiscal year, the projection shall be based on the amount of funds authorized by law to be appropriated for that fiscal year, plus other dedicated funding.

“(3) Dedicated funding defined—In this subsection, the term “dedicated funding” means any amounts appropriated for a fiscal year and any other funding sources, including revenues and other ancillary funding streams, for the Northeast Corridor or the National Network.

“(e) Standards To promote financial stability—In preparing a plan under this section, the Board shall apply sound budgetary practices, including reducing costs and other expenditures, improving productivity, increasing revenues, or combinations of such practices.

“(f) Updates—Amtrak shall provide monthly reports for the current fiscal year in electronic format to the Secretary and 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 regarding the items described in subsection (c)(1), which shall include a description of the work completed to date, any differences from projections, and the reasons for such differences.”

“24712. State-supported routes

“(a) State-Supported route advisory committee

“(1) Establishment—Not later than 90 days after the date of enactment of the Passenger Rail Reform and Investment Act of 2015, the Secretary of Transportation shall establish a State-Supported Route Advisory Committee to promote mutual cooperation and planning pertaining to the rail operations and related activities of trains operated on State-supported routes and to further implement section 209 of the Passenger Rail Investment and Improvement Act of 2008 (49 U.S.C. 24101 note).

“(2) Membership—The Committee shall consist of representatives of—

“(A) Amtrak;

“(B) the Department of Transportation, including the Federal Railroad Administration; and

changed “(C) 7 seven States that sponsor State-supported routes, selected by the Administrator of the Federal Railroad Administration on the basis of appropriate expertise and geographic balance, and in a manner that ensures that all appropriate States are represented periodically on the Committee.

“(3) Distribution of membership—The membership belonging to any of the groups described in each individual subparagraph of paragraph (2) shall not constitute a majority of the Committee’s memberships.

“(4) Meetings; rules and procedures—The Committee shall establish a schedule and location for convening meetings, but shall meet no less than 2 times every fiscal year. The Committee shall develop rules and procedures to govern the Committee’s proceedings.

“(b) Cost, service, and ridership forecasts

“(1) In general—Not later than January 31, 2016, and annually thereafter, Amtrak shall transmit to each State that sponsors a State-supported route, and to 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) a final statement of costs, revenues, ridership, and other information determined appropriate by the Committee established under subsection (a), pertaining to each such route for the prior fiscal year; and

“(B) a cost, service, and ridership forecast for each such route for the upcoming fiscal year, developed pursuant to the methodology established under section 209 of the Passenger Rail Investment and Improvement Act of 2008 (49 U.S.C. 24101 note).

“(2) Exception—The Committee may establish a different deadline than is required under paragraph (1) for submission of final financial statements and cost, service, and ridership forecasts.

“(3) Quarterly updates—Beginning in 2016, and each year thereafter, Amtrak shall transmit to each State that sponsors a State-supported route quarterly updates of the cost, service, and ridership forecast described in paragraph (1)(B) to enable States to pace costs against State budgets, plan effectively, and address unexpected changes in costs in a timely manner, on the following dates:

“(A) April 30, for the period encompassing January through March of such year.

“(B) July 31, for the period encompassing April through June of such year.

“(C) October 31, for the period encompassing July through September of such year.

“(c) Invoices—Not later than February 15, 2016, and monthly thereafter, Amtrak shall provide to each State that sponsors a State-supported route a monthly invoice of the cost of operating such route, including fixed costs and third-party costs.

“(d) Dispute resolution

“(1) Request for expedited resolution—If a dispute arises with respect to a forecast developed under subsection (b), an invoice developed under subsection (c), or the terms of a contract for operation of a State-supported route negotiated between Amtrak and a State that sponsors the route, either Amtrak or the State may request that the Surface Transportation Board conduct expedited dispute resolution under this subsection.

“(2) Procedures—The Surface Transportation Board shall establish procedures for expedited resolution of disputes brought before it under this subsection.

“(3) Binding effect—The decision of the Surface Transportation Board under this subsection shall be binding on the parties to the dispute.

“(e) FRA assistance—The Federal Railroad Administration may provide assistance to the parties in the course of negotiations for a contract for operation of a State-supported route.

“(f) Performance metrics—In negotiating a contract for operation of a State-supported route, Amtrak and the State or States that sponsor the route shall consider including provisions that provide penalties and incentives for performance based on metrics that take into account only those factors within the control of Amtrak or the State or States.

“(g) Definition of State—In this section, the term “State” means each of the 50 States and the District of Columbia.”

“24711. Alternate passenger rail service pilot program

“(a) In general—Not later than 1 year after the date of enactment of the Passenger Rail Reform and Investment Act of 2015, the Federal Railroad Administration shall complete a rulemaking proceeding to develop a pilot program that—

“(1) permits a rail carrier or rail carriers that own infrastructure over which Amtrak operates a passenger rail service route described in subparagraph (B), (C), or (D) of section 24102(7) or in section 24702(a) to petition the Federal Railroad Administration to be considered as a passenger rail service provider over that route in lieu of Amtrak for an operations period of 5 years;

“(2) requires the Federal Railroad Administration to notify Amtrak within 30 days after receiving a petition under paragraph (1) and establish a deadline by which both the petitioner and Amtrak would be required to submit a bid to provide passenger rail service over the route to which the petition relates;

“(3) requires that each bid describe how the bidder would operate the route, what Amtrak passenger equipment would be needed, if any, and what sources of non-Federal funding the bidder would use, including any State subsidy, among other things;

“(4) requires the Federal Railroad Administration to execute a contract within a specified, limited time after the deadline established under paragraph (2) and award to the winning bidder—

“(A) the right and obligation to provide passenger rail service over that route subject to such performance standards as the Federal Railroad Administration may require; and

“(B) an operating subsidy—

“(i) for the first year at a level not in excess of 90 percent of the level in effect for that specific route during the fiscal year preceding the fiscal year in which the petition was received, adjusted for inflation; and

“(ii) for any subsequent years at the level calculated under clause (i), adjusted for inflation; and

“(5) requires that each bid contain a staffing plan describing the number of employees needed to operate the service, the job assignments and requirements, and the terms of work for prospective and current employees of the bidder for the service outlined in the bid, and that such staffing plan be made available by the winning bidder to the public after the bid award.

changed “(b) Route limitations—The Federal Railroad Administration may not make the program available with respect to more than 2 two Amtrak intercity passenger rail routes.

“(c) Performance standards; access to facilities; employees—If the Federal Railroad Administration awards the right and obligation to provide passenger rail service over a route under this section to a rail carrier or rail carriers—

“(1) it shall execute a contract with the rail carrier or rail carriers for rail passenger operations on that route that conditions the operating and subsidy rights on—

“(A) the service provider continuing to provide passenger rail service on the route that is no less frequent, nor over a shorter distance, than Amtrak provided on that route before the award; and

“(B) the service provider’s compliance with the standards established under subsection (a)(4)(A), and such additional performance standards as the Administration may establish;

“(2) it shall, if the award is made to a rail carrier other than Amtrak, require Amtrak to provide access to its reservation system, stations, and facilities directly related to operations to any rail carrier or rail carriers awarded a contract under this section, in accordance with subsection (d), necessary to carry out the purposes of this section;

“(3) an employee of any person used by such rail carrier or rail carriers in the operation of a route under this section shall be considered an employee of that carrier or carriers and subject to the applicable Federal laws and regulations governing similar crafts or classes of employees of Amtrak, including provisions under section 121 of the Amtrak Reform and Accountability Act of 1997 (49 U.S.C. 4312 note) relating to employees that provide food and beverage service; and

“(4) the winning bidder shall provide hiring preference to qualified Amtrak employees displaced by the award of the bid, consistent with the staffing plan submitted by the bidder, and shall be subject to the grant conditions under section 24405 of this title.

“(d) Disputes—If Amtrak and the rail carrier or rail carriers awarded a route under this section cannot agree upon terms to carry out subsection (c)(2), and the Surface Transportation Board finds that access to Amtrak’s facilities or equipment, or the provision of services by Amtrak, is necessary to carry out subsection (c)(2) and that the operation of Amtrak’s other services will not be impaired thereby, the Surface Transportation Board shall, within 120 days after submission of the dispute, issue an order that the facilities and equipment be made available, and that services be provided, by Amtrak, and shall determine reasonable compensation, liability, and other terms for use of the facilities and equipment and provision of the services.

“(e) Cessation of service—If a rail carrier or rail carriers awarded a route under this section cease to operate the service or fail to fulfill their obligations under the contract required under subsection (c), the Federal Railroad Administration, in collaboration with the Surface Transportation Board, shall take any necessary action consistent with this title to enforce the contract and ensure the continued provision of service, including the installment of an interim service provider and rebidding the contract to operate the service. The entity providing service shall either be Amtrak or a rail carrier defined in subsection (a)(1).

“(f) Adequate resources—Before taking any action allowed under this section, the Secretary shall certify that the Federal Railroad Administration has sufficient resources appropriated under section 101(b) of Passenger Rail Reform and Investment Act of 2015, or any subsequent appropriation, for that purpose that are adequate to undertake the program established under this section.

“(g) Budget authority—The Secretary of Transportation may provide to a winning bidder selected under this section appropriations authorized under sections 101(b) of the Passenger Rail Reform and Investment Act of 2015, or any subsequent appropriation for the same purposes, necessary to cover the operating subsidy described in subsection (a)(4)(B).”

“24407. Federal-State partnership for Northeast Corridor rehabilitation and improvement

“(a) In general—The Secretary of Transportation shall develop and implement a program for issuing grants to applicants, on a competitive basis, for the purpose of financing the capital projects included in the Northeast Corridor Priority Project List developed under subsection (c).

“(b) Definitions—In this section, the following definitions apply:

“(1) Applicant—The term “applicant” means a State (including the District of Columbia), a group of States, an Interstate Compact, or a public agency established by one or more States and having responsibility for providing intercity passenger or commuter rail service.

“(2) Major state-of-good-repair project—The term “major state-of-good-repair project” means a capital project primarily intended to replace, rehabilitate or repair major Northeast Corridor infrastructure assets utilized for providing intercity rail passenger transportation, including tunnels, bridges, stations, and other assets as determined by the Secretary.

“(3) Improvement project—The term “improvement project” means a capital project primarily intended to improve intercity passenger rail performance on the Northeast Corridor, including reduced trip times, increased train frequencies, higher operating speeds, and other improvements as determined by the Secretary.

“(c) Northeast Corridor priority project list—The Northeast Corridor Infrastructure and Operations Advisory Commission, established under section 24905, shall develop and approve a Northeast Corridor Priority Project List that shall include—

“(1) a list of prioritized individual major state-of-good-repair projects and improvement projects along the Northeast Corridor that—

“(A) can be completed based on—

“(i) the funding authorized under section 103(b) of the Passenger Rail Reform and Investment Act of 2015;

“(ii) any subsequent applicable authorization in effect;

“(iii) in the absence of such an authorization, a 5-year funding amount based on the most recent appropriation; or

“(iv) the requirements of subsection (d); and

“(B) are consistent with the Northeast Corridor capital investment plan required under section 24911(a);

“(2) an identification of the applicant for each individual project;

“(3) an identification of the sources of non-Federal matching funds for each project; and

“(4) a description of the benefits each project will bring to intercity rail passenger services.

“(d) Use of funds—The Federal grants authorized under this section shall be for no more than 50 percent of the net project cost of the project involved.

“(e) Applicability of capital grant requirements—Except as specifically provided in this section, the use of any amounts appropriated for grants under this section shall be subject to the requirements of this chapter.

“(f) Match requirements—No grants may be obligated to an applicant under this section unless the applicant has transmitted to the Secretary of Transportation a binding written commitment to provide all amounts necessary for the purpose of matching Federal contributions as required by this section.

“(g) Updates to list—The Northeast Corridor Infrastructure and Operations Advisory Commission shall revise the NEC Priority Project List as necessary to reflect—

changed “(1) any differences in the availability of Federal funding from the levels assumed for purposes of subsection (c)(1)(A) (i) (c)(1)(A)(i) and (ii);

“(2) any elimination or addition of projects; and

“(3) any reduction or increase in benefits to be derived from a project.

“(h) Availability—Amounts appropriated for carrying out this section shall remain available until expended.

“(i) Savings Clause—Nothing in this section shall supplant the requirement of applicants to compensate Amtrak for the use of Amtrak facilities or services pursuant to section 24905(c).

“(j) Definition—For purposes of this section, the term “Northeast Corridor” means the Northeast Corridor main line between Boston, Massachusetts, and the District of Columbia, and the Northeast Corridor branch lines connecting to Harrisburg, Pennsylvania, Springfield, Massachusetts, and Spuyten Duyvil, New York, and facilities and services used to operate and maintain those lines.”