49 U.S.C. § 24905: Northeast Corridor Commission; Safety Committee

members representing Amtrak; members representing the Department of Transportation, including the Office of the Secretary, the Federal Railroad Administration, and the Federal Transit Administration; 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 non-voting representatives of freight and commuter railroad carriers authorities using the Northeast Corridor selected by the Secretary. 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. 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. A vacancy in the Commission shall be filled in the manner in which the original appointment was made. 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. The members of the Commission shall elect co-chairs consisting of 1 member described in paragraph (1)(B) and 1 member described in paragraph (1)(C). The Commission may appoint and fix the pay of such personnel as it considers appropriate. 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. 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. The Commission shall consult with other entities as appropriate. The Commission shall develop and periodically update 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. short-term and long-term capital investment needs; future funding requirements for capital improvements and maintenance; operational improvements of intercity passenger rail, commuter rail, and freight rail services; opportunities for additional non-rail uses of the Northeast Corridor; scheduling and dispatching; safety and security enhancements; equipment design; marketing of rail services; future capacity requirements; and potential funding and financing mechanisms for projects of corridor-wide significance. any updates made to the statement of goals developed under paragraph (1) not later than 60 days after such updates are made; and the operations and performance of commuter, intercity, and freight rail transportation, including ridership trends, along the Northeast Corridor; the delivery of the first year of the capital investment plan described in section 24904; and progress in assessing and eliminating the state-of-good-repair backlog. there is no cross-subsidization of commuter rail passenger, intercity rail passenger, or freight rail transportation; 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 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; develop timetables for implementing and maintaining the policy; submit updates to the policy and timetables developed under subparagraph (B) to the Surface Transportation Board, the Committee on Commerce, Science, and Transportation of the Senate, and the Committee on Transportation and Infrastructure of the House of Representatives; support the efforts of the members of the Commission to implement the policy in accordance with the timetables developed pursuant to subparagraph (B); 1 1 So in original. Probably should be followed by “and”. with the consent of a majority of its members, petition the Surface Transportation Board to appoint a mediator to assist the Commission members through nonbinding mediation to reach an agreement under this section. In accordance with the timetables developed pursuant to paragraph (1)(B), Amtrak and commuter authorities on the Northeast Corridor shall implement the policy developed under paragraph (1) in their agreements for usage of facilities or services. determine the appropriate compensation in accordance with the procedures and procedural schedule applicable to a proceeding under section 24903(c), after taking into consideration the policy developed under paragraph (1); and enforce its determination on the party or parties involved. The Commission may make necessary revisions to the policy 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. If a dispute arises with the implementation of, or compliance with, the policy developed under paragraph (1), the Commission, Amtrak, or commuter authorities on the Northeast Corridor may request that the Surface Transportation Board conduct dispute resolution. The Surface Transportation Board shall establish procedures for resolution of disputes brought before it under this paragraph, which may include the provision of professional mediation services. There are authorized to be appropriated to the Secretary for the use of the Commission and the Northeast Corridor Safety Committee such sums as may be necessary to carry out this section during fiscal years 2022 through 2026, in addition to any amounts withheld under section 22101(e) of the Passenger Rail Expansion and Rail Safety Act of 2021. the Department of Transportation, including the Federal Railroad Administration; Amtrak; freight carriers operating more than 150,000 train miles a year on the main line of the Northeast Corridor; commuter rail agencies; rail passengers; rail labor; and other individuals and organizations the Secretary decides have a significant interest in rail safety or security. The Committee established under this subsection ceases to exist on the date that the Secretary determines positive train control, as required by section 20157, is fully implemented along the Northeast Corridor.