Statute

Page 519

TITLE 49—TRANSPORTATION

2, 1974, 87 Stat. 985, as amended, which is classified
principally to chapter 16 (§ 701 et seq.) of Title 45, Railroads. For complete classification of this Act to the
Code, see Short Title note set out under section 701 of
Title 45 and Tables.
The Railroad Revitalization and Regulatory Reform
Act of 1976, referred to in subsecs. (a)(6) and (c)(2), is
Pub. L. 94–210, Feb. 5, 1976, 90 Stat. 31, as amended. For
complete classification of this Act to the Code, see
Short Title note set out under section 801 of Title 45
and Tables.
AMENDMENTS
2008—Subsec. (c)(2). Pub. L. 110–432 inserted ‘‘commuter rail passenger and’’ after ‘‘between’’ in first sentence and struck out ‘‘freight’’ after ‘‘rail’’ in second
sentence.
1997—Subsec. (a)(6) to (8). Pub. L. 105–134 inserted
‘‘and’’ at end of par. (6), substituted a period for
‘‘; and’’ at end of par. (7), and struck out par. (8) which
read as follows: ‘‘make agreements with telecommunications common carriers, subject to the Communications Act of 1934 (47 U.S.C. 151 et seq.), to continue existing, and establish new and improved, passenger radio
mobile telephone service in the high-speed rail passenger transportation area specified in section
24902(a)(1) and (2).’’
1994—Subsec. (a)(2). Pub. L. 103–429 inserted ‘‘, by
condemnation or otherwise,’’ after ‘‘acquire’’.
EFFECTIVE DATE OF 1994 AMENDMENT
Amendment by Pub. L. 103–429 effective July 5, 1994,
see section 9 of Pub. L. 103–429, set out as a note under
section 321 of this title.
ABOLITION OF INTERSTATE COMMERCE COMMISSION AND
TRANSFER OF FUNCTIONS
Interstate Commerce Commission abolished and functions of Commission transferred, except as otherwise
provided in Pub. L. 104–88, to Surface Transportation
Board effective Jan. 1, 1996, by section 702 of this title,
and section 101 of Pub. L. 104–88, set out as a note under
section 701 of this title. References to Interstate Commerce Commission deemed to refer to Surface Transportation Board, a member or employee of the Board,
or Secretary of Transportation, as appropriate, see section 205 of Pub. L. 104–88, set out as a note under section 701 of this title.

§ 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

§ 24905

(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.
Commission
(2)
RECOMMENDATIONS.—The
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;

§ 24905

TITLE 49—TRANSPORTATION

(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

Page 520

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
Commission
shall
RECOMMENDATIONS.—The
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.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 935;
Pub. L. 110–432, div. B, title II, § 212(a), Oct. 16,
2008, 122 Stat. 4921.)
HISTORICAL AND REVISION NOTES
Revised
Section
24905(a)(1) ..

Source (U.S. Code)
45:585(c).

Source (Statutes at Large)
Oct. 30, 1970, Pub. L. 91–518,
84 Stat. 1327, § 505(c);
added Jan. 14, 1983, Pub.
L. 97–468, § 508(2), 96 Stat.
2554.

Page 521

HISTORICAL AND REVISION NOTES—CONTINUED
Revised
Section
24905(a)(2) ..

24905(a)(3) ..
24905(b) ......

§ 24907

TITLE 49—TRANSPORTATION

Source (U.S. Code)
45:585(a).

Source (Statutes at Large)
Oct. 30, 1970, Pub. L. 91–518,
84 Stat. 1327, § 505(a), (b);
added Aug. 13, 1981, Pub.
L. 97–35, § 1137, 95 Stat. 650;
Jan. 14, 1983, Pub. L.
97–468, § 508(1), 96 Stat.
2554.

45:585(b).
45:431 (note).

June 22, 1988, Pub. L.
100–342, § 11, 102 Stat. 629;
Sept. 3, 1992, Pub. L.
102–365, § 18, 106 Stat. 982.

In subsection (a)(2), before clause (A), the words ‘‘develop and’’ are omitted as surplus. In clause (B)(v), the
word ‘‘rates’’ is substituted for ‘‘fares, tariffs’’ for consistency in the revised title and with other titles of the
United States Code.
In subsection (a)(3), the words ‘‘of opinions’’ and
‘‘(among or between the Corporation, Amtrak Commuter, other railroads, commuter authorities, and
other State, local, and regional agencies responsible for
the provision of commuter rail, rapid rail, or rail
freight service), with respect to all matters’’ are omitted as surplus. The words ‘‘for facilities and transportation matters under’’ are substituted for ‘‘those conferred on the Commission in’’ for clarity.
In subsection (b)(1), the words ‘‘Within 30 days after
the date of enactment of this Act . . . shall establish’’
are omitted as executed.
In subsection (b)(3), the words ‘‘each Congress’’ are
substituted for ‘‘the 103rd Congress, and biennially
thereafter’’ to eliminate unnecessary words. The words
‘‘pursuant to the provisions of this section’’ are omitted as unnecessary.
REFERENCES IN TEXT
The date of enactment of the Passenger Rail Investment and Improvement Act of 2008, referred to in subsecs. (a)(1), (c)(1), and (d)(1), is the date of enactment of
div. B of Pub. L. 110–432, which was approved Oct. 16,
2008.
Sections 203 and 211 of the Passenger Rail Investment
and Improvement Act of 2008, referred to in subsecs.
(b)(2)(A) and (c)(3), are set out as notes under sections
24101 and 24902, respectively, of this title.
AMENDMENTS
2008—Pub. L. 110–432 amended section generally. Prior
to amendment, section related to Northeast Corridor
Coordination Board and Northeast Corridor Safety
Committee.

§ 24906. Eliminating highway at-grade crossings

HISTORICAL AND REVISION NOTES
Revised
Section

Source (U.S. Code)

24906(a) ......

45:650(a), (b).

24906(b) ......

45:650(c).

Source (Statutes at Large)
Oct. 30, 1970, Pub. L. 91–518,
84 Stat. 1327, § 811; added
Oct. 27, 1992, Pub. L.
102–533, § 2, 106 Stat. 3515.

§ 24907. Note and mortgage
(a) GENERAL AUTHORITY.—To secure amounts
expended by the United States Government to
acquire and improve rail property designated
under section 206(c)(1)(C) and (D) of the Regional
Rail Reorganization Act of 1973 (45 U.S.C.
716(c)(1)(C) and (D)), the Secretary of Transportation may obtain a note of indebtedness from,
and make a mortgage agreement with, Amtrak
to establish a mortgage lien on the property for
the Government. The note and mortgage may
not supersede section 24904 of this title.
(b) EXEMPTIONS FROM LAWS AND REGULATIONS.—The note and agreement under subsection (a) of this section, and a transaction related to the note or agreement, are exempt from
any United States, State, or local law or regulation that regulates securities or the issuance of
securities. The note, agreement, or transaction
under this section has the same immunities
from other laws that section 601 of the Act (45
U.S.C. 791) gives to transactions that comply
with or carry out the final system plan. The
transfer of rail property because of the note,
agreement, or transaction has the same exemptions, privileges, and immunities that the Act
(45 U.S.C. 701 et seq.) gives to a transfer ordered
or approved by the special court under section
303(b) of the Act (45 U.S.C. 743(b)).
(c) IMMUNITY FROM LIABILITY AND INDEMNIFICATION.—Amtrak, its board of directors, and its individual directors are not liable because Amtrak
has given or issued the note or agreement to the
Government under subsection (a) of this section.
Immunity granted under this subsection also applies to a transaction related to the note or
agreement. The Government shall indemnify
Amtrak, its board, and individual directors
against costs and expenses actually and reasonably incurred in defending a civil action testing
the validity of the note, agreement, or transaction.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 936.)
HISTORICAL AND REVISION NOTES

(a) PLAN.—In consultation with the States on
the main line of the Northeast Corridor, the
Secretary of Transportation shall develop a plan
not later than September 30, 1993, to eliminate
all highway at-grade crossings of the main line
by not later than December 31, 1997. The plan
may provide that eliminating a crossing is not
required if—
(1) impracticable or unnecessary; and
(2) using the crossing is consistent with conditions the Secretary considers appropriate to
ensure safety.
(b) AMTRAK’S SHARE OF COSTS.—Amtrak shall
pay 20 percent of the cost of eliminating each
highway at-grade crossing under the plan.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 936.)

Revised
Section

Source (U.S. Code)

24907(a) ......

45:854(e).

24907(b) ......
24907(c) ......

45:854(f).
45:854(g).

Source (Statutes at Large)
Feb. 5, 1976, Pub. L. 94–210,
90 Stat. 31, § 704(e)–(g);
added Oct. 19, 1976, Pub. L.
94–555, § 217(c), 90 Stat.
2627.

In subsection (a), the words ‘‘In order . . . protect
and’’, ‘‘securing such expenditure’’, ‘‘infringe upon or’’,
and ‘‘the authority conferred upon the National Railroad Passenger Corporation by’’ are omitted as surplus.
In subsections (b) and (c), the words ‘‘note’’ and
‘‘agreement’’ are substituted for ‘‘agreement, security,
or obligation’’ for consistency because the Secretary of
Transportation gets only notes and mortgage agreements under the source provisions restated in subsection (a) of this section.