U.S. Code > Title 49 Transportation > SUBTITLE V—RAIL PROGRAMS (§§ 20101—28505) > PART C—PASSENGER TRANSPORTATION (§§ 24101—24910) > CHAPTER 249—NORTHEAST CORRIDOR IMPROVEMENT PROGRAM (§§ 24901—24910) > § 24905. Northeast Corridor Infrastructure and Operations Advisory Commission; Safety Committee

§ 24905. Northeast Corridor Infrastructure and Operations Advisory Commission; Safety Committee

(a) Northeast Corridor Infrastructure and Operations Advisory Commission.—
(1) Within 180 days after the date of enactment of the Passenger Rail Investment and Improvement Act of 2008, the Secretary of Transportation shall establish a Northeast Corridor Infrastructure and Operations Advisory Commission (referred to in this section as the “Commission”) to promote mutual cooperation and planning pertaining to the rail operations and related activities of the Northeast Corridor. The Commission shall be made up of—
(A) members representing Amtrak;
(B) members representing the Department of Transportation, including the Federal Railroad Administration;
(C) 1 member from each of the States (including the District of Columbia) that constitute the Northeast Corridor as defined in section 24102, designated by, and serving at the pleasure of, the chief executive officer thereof; and
(D) non-voting representatives of freight railroad carriers using the Northeast Corridor selected by the Secretary.
(2) The Secretary shall ensure that the membership belonging to any of the groups enumerated under paragraph (1) shall not constitute a majority of the Commission’s memberships.
(3) The Commission shall establish a schedule and location for convening meetings, but shall meet no less than four times per fiscal year, and the Commission shall develop rules and procedures to govern the Commission’s proceedings.
(4) A vacancy in the Commission shall be filled in the manner in which the original appointment was made.
(5) Members shall serve without pay but shall receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5.
(6) The Chairman of the Commission shall be elected by the members.
(7) The Commission may appoint and fix the pay of such personnel as it considers appropriate.
(8) Upon request of the Commission, the head of any department or agency of the United States may detail, on a reimbursable basis, any of the personnel of that department or agency to the Commission to assist it in carrying out its duties under this section.
(9) Upon the request of the Commission, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the Commission to carry out its responsibilities under this section.
(10) The Commission shall consult with other entities as appropriate.
(b) Statement of Goals and Recommendations.—
(1) Statement of goals.— The Commission shall develop a statement of goals concerning the future of Northeast Corridor rail infrastructure and operations based on achieving expanded and improved intercity, commuter, and freight rail services operating with greater safety and reliability, reduced travel times, increased frequencies and enhanced intermodal connections designed to address airport and highway congestion, reduce transportation energy consumption, improve air quality, and increase economic development of the Northeast Corridor region.
(2) Recommendations.— The Commission shall develop recommendations based on the statement developed under this section addressing, as appropriate—
(A) short-term and long-term capital investment needs beyond those specified in the state-of-good-repair plan under section 211 of the Passenger Rail Investment and Improvement Act of 2008;
(B) future funding requirements for capital improvements and maintenance;
(C) operational improvements of intercity passenger rail, commuter rail, and freight rail services;
(D) opportunities for additional non-rail uses of the Northeast Corridor;
(E) scheduling and dispatching;
(F) safety and security enhancements;
(G) equipment design;
(H) marketing of rail services;
(I) future capacity requirements; and
(J) potential funding and financing mechanisms for projects of corridor-wide significance.
(c) Access Costs.—
(1) Development of formula.— Within 2 years after the date of enactment of the Passenger Rail Investment and Improvement Act of 2008, the Commission shall—
(A) develop a standardized formula for determining and allocating costs, revenues, and compensation for Northeast Corridor commuter rail passenger transportation, as defined in section 24102 of this title, on the Northeast Corridor main line between Boston, Massachusetts, and Washington, District of Columbia, and the Northeast Corridor branch lines connecting to Harrisburg, Pennsylvania, Springfield, Massachusetts, and Spuyten Duyvil, New York, that use Amtrak facilities or services or that provide such facilities or services to Amtrak that ensures that—
(i) there is no cross-subsidization of commuter rail passenger, intercity rail passenger, or freight rail transportation;
(ii) each service is assigned the costs incurred only for the benefit of that service, and a proportionate share, based upon factors that reasonably reflect relative use, of costs incurred for the common benefit of more than 1 service; and
(iii) all financial contributions made by an operator of a service that benefit an infrastructure owner other than the operator are considered, including but not limited to, any capital infrastructure investments and in-kind services;
(B) develop a proposed timetable for implementing the formula before the end of the 6th year following the date of enactment of that Act;
(C) transmit the proposed timetable to the Surface Transportation Board; and
(D) at the request of a Commission member, petition the Surface Transportation Board to appoint a mediator to assist the Commission members through non-binding mediation to reach an agreement under this section.
(2) Implementation.— Amtrak and public authorities providing commuter rail passenger transportation on the Northeast Corridor shall implement new agreements for usage of facilities or services based on the formula proposed in paragraph (1) in accordance with the timetable established therein. If the entities fail to implement such new agreements in accordance with the timetable, the Commission shall petition the Surface Transportation Board to determine the appropriate compensation amounts for such services in accordance with section 24904 (c) of this title. The Surface Transportation Board shall enforce its determination on the party or parties involved.
(3) Revisions.— The Commission may make necessary revisions to the formula developed under paragraph (1), including revisions based on Amtrak’s financial accounting system developed pursuant to section 203 of the Passenger Rail Investment and Improvement Act of 2008.
(d) Transmission of Statement of Goals and Recommendations.— The Commission shall transmit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives—
(1) the statement of goals developed under subsection (b) within 1 year after the date of enactment of the Passenger Rail Investment and Improvement Act of 2008; and
(2) the recommendations developed under subsection (b) and the formula and timetable developed under subsection (c)(1) annually.
(e) Authorization of Appropriations.— There are authorized to be appropriated to the Commission such sums as may be necessary for the period encompassing fiscal years 2009 through 2013 to carry out this section.
(f) Northeast Corridor Safety Committee.—
(1) In general.— The Secretary shall establish a Northeast Corridor Safety Committee composed of members appointed by the Secretary. The members shall be representatives of—
(A) the Department of Transportation, including the Federal Railroad Administration;
(B) Amtrak;
(C) freight carriers operating more than 150,000 train miles a year on the main line of the Northeast Corridor;
(D) commuter rail agencies;
(E) rail passengers;
(F) rail labor; and
(G) other individuals and organizations the Secretary decides have a significant interest in rail safety or security.
(2) Function; meetings.— The Secretary shall consult with the Committee about safety and security improvements on the Northeast Corridor main line. The Committee shall meet at least two times per year to consider safety and security matters on the main line.
(3) Report.— At the beginning of the first session of each Congress, the Secretary shall submit a report to the Commission and to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on the status of efforts to improve safety and security on the Northeast Corridor main line. The report shall include the safety and security recommendations of the Committee and the comments of the Secretary on those recommendations.