Statute

§ 24712

TITLE 49—TRANSPORTATION

cretion, provide grants for financial incentives to be
provided to Amtrak employees who voluntarily terminate their employment with Amtrak and relinquish
any legal rights to receive termination-related payments under any contractual agreement with Amtrak.
‘‘(b) CONDITIONS FOR FINANCIAL INCENTIVES.—As a
condition for receiving financial assistance grants
under this section, Amtrak must certify that—
‘‘(1) a reasonable attempt was made to reassign an
employee adversely affected under section 24711 of
title 49, United States Code, or by the elimination of
any route, to other positions within Amtrak in accordance with any contractual agreements;
‘‘(2) the financial assistance results in a net reduction in the total number of employees equal to the
number receiving financial incentives;
‘‘(3) the financial assistance results in a net reduction in total employment expense equivalent to the
total employment expenses associated with the employees receiving financial incentives; and
‘‘(4) the total number of employees eligible for termination-related payments will not be increased
without the express written consent of the Secretary.
‘‘(c) AMOUNT OF FINANCIAL INCENTIVES.—The financial
incentives authorized under this section may be no
greater than $100,000 per employee.
‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There are
hereby authorized to be appropriated to the Secretary
such sums as may be necessary to make grants to Amtrak to provide financial incentives under subsection
(a).
‘‘(e) TERMINATION-RELATED PAYMENTS.—If Amtrak
employees adversely affected by the cessation of Amtrak service resulting from the awarding of a grant to
an operator other than Amtrak for the operation of a
route under section 24711 of title 49, United States
Code, or any other route, previously operated by Amtrak do not receive financial incentives under subsection (a), then the Secretary shall make grants to
Amtrak from funds authorized by section 101 of this division [122 Stat. 4908] for termination-related payments
to employees under existing contractual agreements.’’

§ 24712. State-supported routes operated by Amtrak
(a) STATE-SUPPORTED ROUTE COMMITTEE.—
(1) ESTABLISHMENT.—Not later than 180 days
after the date of enactment of the Passenger
Rail Reform and Investment Act of 2015, the
Secretary of Transportation shall establish
the State-Supported Route Committee (referred to in this section as the ‘‘Committee’’)
to promote mutual cooperation and planning
pertaining to the rail operations of Amtrak
and related activities of trains operated by
Amtrak 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.—
(A) IN GENERAL.—The Committee shall
consist of—
(i) members representing Amtrak;
(ii) members representing the Department of Transportation, including the
Federal Railroad Administration; and
(iii) members representing States.
(B) NON-VOTING MEMBERS.—The Committee
may invite and accept other non-voting
members to participate in Committee activities, as appropriate.
(3) DECISIONMAKING.—The Committee shall
establish a bloc voting system under which, at
a minimum—

Page 594

(A) there are 3 separate voting blocs to
represent the Committee’s voting members,
including—
(i) 1 voting bloc to represent the members described in paragraph (2)(A)(i);
(ii) 1 voting bloc to represent the members described in paragraph (2)(A)(ii); and
(iii) 1 voting bloc to represent the members described in paragraph (2)(A)(iii);
(B) each voting bloc has 1 vote;
(C) the vote of the voting bloc representing
the
members
described
in
paragraph
(2)(A)(iii) requires the support of at least
two-thirds of that voting bloc’s members;
and
(D) the Committee makes decisions by
unanimous consent of the 3 voting blocs.
(4) MEETINGS; RULES AND PROCEDURES.—The
Committee shall convene a meeting and shall
define and implement the rules and procedures
governing the Committee’s proceedings not
later than 180 days after the date of establishment of the Committee by the Secretary. The
rules and procedures shall—
(A) incorporate and further describe the
decisionmaking procedures to be used in accordance with paragraph (3); and
(B) be adopted in accordance with such decisionmaking procedures.
(5) COMMITTEE DECISIONS.—Decisions made
by the Committee in accordance with the
Committee’s rules and procedures, once established, are binding on all Committee members.
(6) COST ALLOCATION METHODOLOGY.—
(A) IN GENERAL.—Subject to subparagraph
(B), the Committee may amend the cost allocation methodology required and previously approved under section 209 of the
Passenger Rail Investment and Improvement Act of 2008 (49 U.S.C. 24101 note).
(B) PROCEDURES FOR CHANGING METHODOLOGY.—The rules and procedures implemented
under paragraph (4) shall include procedures
for changing the cost allocation methodology.
(C) REQUIREMENTS.—The cost allocation
methodology shall—
(i) ensure equal treatment in the provision of like services of all States and
groups of States; and
(ii) allocate to each route the costs incurred only for the benefit of that route
and a proportionate share, based upon factors that reasonably reflect relative use, of
costs incurred for the common benefit of
more than 1 route.
(b) INVOICES AND REPORTS.—Not later than
April 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. The Committee
shall determine the frequency and contents of financial and performance reports that Amtrak
shall provide to the States, as well as the planning and demand reports that the States shall
provide to Amtrak.
(c) DISPUTE RESOLUTION.—
(1) REQUEST FOR DISPUTE RESOLUTION.—If a
dispute arises with respect to the rules and

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§ 24901

TITLE 49—TRANSPORTATION

procedures implemented under subsection
(a)(4), an invoice or a report provided under
subsection (b), implementation or compliance
with the cost allocation methodology developed under section 209 of the Passenger Rail
Investment and Improvement Act of 2008 (49
U.S.C. 24101 note) or amended under subsection
(a)(6) of this section, either Amtrak or the
State may request that the Surface Transportation Board conduct dispute resolution under
this subsection.
(2) PROCEDURES.—The Surface Transportation Board shall establish procedures for
resolution of disputes brought before it under
this subsection, which may include provision
of professional mediation services.
(3) BINDING EFFECT.—A decision of the Surface Transportation Board under this subsection shall be binding on the parties to the
dispute.
(4) OBLIGATION.—Nothing in this subsection
shall affect the obligation of a State to pay an
amount not in dispute.
(d) ASSISTANCE.—
(1) IN GENERAL.—The Secretary may provide
assistance to the parties in the course of negotiations for a contract for operation of a
State-supported route.
(2) FINANCIAL ASSISTANCE.—From among
available funds, the Secretary shall provide—
(A) financial assistance to Amtrak or 1 or
more States to perform requested independent technical analysis of issues before the
Committee; and
(B) administrative expenses that the Secretary determines necessary.
(e) 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.
(f) STATEMENT OF GOALS AND OBJECTIVES.—
(1) IN GENERAL.—The Committee shall develop a statement of goals, objectives, and associated recommendations concerning the future of State-supported routes operated by
Amtrak. The statement shall identify the
roles and responsibilities of Committee members and any other relevant entities, such as
host railroads, in meeting the identified goals
and objectives, or carrying out the recommendations. The Committee may consult with
such relevant entities, as the Committee considers appropriate, when developing the statement.
(2) TRANSMISSION OF STATEMENT OF GOALS
AND OBJECTIVES.—Not later than 2 years after
the date of enactment of the Passenger Rail
Reform and Investment Act of 2015, the Committee shall transmit the statement developed
under paragraph (1) to the Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation
and Infrastructure of the House of Representatives.
(g) RULE OF CONSTRUCTION.—The decisions of
the Committee—
(1) shall pertain to the rail operations of
Amtrak and related activities of trains oper-

ated by Amtrak on State-sponsored routes;
and
(2) shall not pertain to the rail operations or
related activities of services operated by other
rail carriers on State-supported routes.
(h) DEFINITION OF STATE.—In this section, the
term ‘‘State’’ means any of the 50 States, including the District of Columbia, that sponsor
the operation of trains by Amtrak on a Statesupported route, or a public entity that sponsors
such operation on such a route.
(Added Pub. L. 114–94, div. A, title XI, § 11204(a),
Dec. 4, 2015, 129 Stat. 1634.)
REFERENCES IN TEXT
The date of enactment of the Passenger Rail Reform
and Investment Act of 2015, referred to in subsecs. (a)(1)
and (f)(2), is the date of enactment of title XI of div. A
of Pub. L. 114–94, which was approved Dec. 4, 2015.
Section 209 of the Passenger Rail Investment and Improvement Act of 2008, referred to in subsecs. (a)(1),
(6)(A), and (c)(1), is section 209 of div. B of Pub. L.
110–432, which is set out as a note under section 24101 of
this title.
EFFECTIVE DATE
Section effective Oct. 1, 2015, see section 1003 of Pub.
L. 114–94, set out as an Effective Date of 2015 Amendment note under section 5313 of Title 5, Government Organization and Employees.

CHAPTER 249—NORTHEAST CORRIDOR
IMPROVEMENT PROGRAM
Sec.

24901.
24902.
24903.
24904.
24905.
24906.
24907.
24908.
24909.
24910.
24911.

Definitions.
Goals and requirements.
General authority.
Northeast Corridor planning.
Northeast Corridor Commission.1
Eliminating highway at-grade crossings.
Note and mortgage.
Transfer taxes and levies and recording
charges.
Authorization of appropriations.
Rail cooperative research program.
Federal-State partnership for state of good
repair.
AMENDMENTS

2015—Pub. L. 114–94, div. A, title XI, §§ 11302(b),
11305(d)(2), 11306(b)(2), Dec. 4, 2015, 129 Stat. 1651, 1658,
1660, added items 24904 and 24911, redesignated former
item 24904 as 24903, and substituted ‘‘Northeast Corridor
Commission’’ for ‘‘Northeast Corridor Infrastructure
and Operations Advisory Commission; Safety Committee’’ in item 24905.
2008—Pub. L. 110–432, div. B, title II, § 212(b)(1), title
III, § 306(b), Oct. 16, 2008, 122 Stat. 4924, 4953, amended
item 24905 generally, substituting ‘‘Northeast Corridor
Infrastructure and Operations Advisory Commission;
Safety Committee’’ for ‘‘Coordination board and safety
committee’’, and added item 24910.
1997—Pub. L. 105–134, title IV, § 405(a), Dec. 2, 1997, 111
Stat. 2586, struck out item 24903 ‘‘Program master plan
for Boston-New York main line’’.

§ 24901. Definitions
In this chapter—
(1) ‘‘final system plan’’ means the final system plan (including additions) adopted by the
United States Railway Association under the
Regional Rail Reorganization Act of 1973 (45
U.S.C. 701 et seq.).
1 So

in original. Does not conform to section catchline.