H. R. 2095—74 
SEC. 212. NORTHEAST CORRIDOR INFRASTRUCTURE AND OPERATIONS 
IMPROVEMENTS. 
(a) IN GENERAL.—Section 24905 is amended to read as follows: 
‘‘§ 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 Cor-
ridor Infrastructure and Operations Advisory Commission 
(referred to in this section as the ‘Commission’) to promote 
mutual cooperation and planning pertaining to the rail oper-
ations 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 Administra-
tion; 
‘‘(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 car-
riers using the Northeast Corridor selected by the Sec-
retary. 
‘‘(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 member-
ships. 
‘‘(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 nec-
essary 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.—
H. R. 2095—75 
‘‘(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 connec-
tions 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 improve-
ments 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 North-
east 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 Cor-
ridor 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 rel-
ative use, of costs incurred for the common benefit 
of more than 1 service; and 
‘‘(iii) all financial contributions made by an oper-
ator 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;
H. R. 2095—76 
‘‘(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 pro-
viding 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 compensa-
tion 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 RECOMMENDA-
TIONS.—The Commission shall transmit to the Committee on Com-
merce, Science, and Transportation of the Senate and the Com-
mittee on Transportation and Infrastructure of the House of Rep-
resentatives— 
‘‘(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 nec-
essary 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 North-
east Corridor Safety Committee composed of members 
appointed by the Secretary. The members shall be representa-
tives 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
H. R. 2095—77 
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 Commis-
sion and to the Committee on Transportation and Infrastruc-
ture 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.’’. 
(b) CONFORMING AMENDMENTS.—(1) The item relating to section 
24905 in the table of sections of chapter 249 is amended to read 
as follows: 
‘‘24905. Northeast Corridor Infrastructure and Operations Advisory Commission; 
Safety Committee.’’. 
(2) Section 24904(c)(2) is amended by— 
(A) 
inserting 
‘‘commuter 
rail 
passenger 
and’’ 
after 
‘‘between’’; and 
(B) striking ‘‘freight’’ in the second sentence. 
(c) RIDOT ACCESS AGREEMENT.— 
(1) IN
GENERAL.—Not later than July 1, 2009, Amtrak 
and the Rhode Island Department of Transportation shall enter 
into an agreement governing access fees and other costs or 
charges related to the operation of the South County commuter 
rail service on the Northeast Corridor between Providence and 
Wickford Junction, Rhode Island. 
(2) FAILURE TO REACH AGREEMENT.—If Amtrak and the 
Rhode Island Department of Transportation fail to reach the 
agreement specified under paragraph (1), the Administrator 
of the Federal Railroad Administration shall, after consultation 
with both parties, resolve any outstanding disagreements 
between the parties, including setting access fees and other 
costs or charges related to the operation of the South County 
commuter rail service that do not allow for the cross-subsidiza-
tion of intercity rail passenger and commuter rail passenger 
service, not later than January 1, 2010. 
(3) INTERIM
ACCESS
COSTS.—Any agreement between 
Amtrak and the Rhode Island Department of Transportation 
relating to access costs made under this subsection shall be 
superseded by any access cost formula developed by the North-
east Corridor Infrastructure and Operations Advisory Commis-
sion under section 24905(c)(1) of title 49, United States Code, 
as amended by subsection (a) of this section. 
(d) HIGH-SPEED SERVICE STUDY.— 
(1) IN GENERAL.—Amtrak shall submit a report detailing 
the infrastructure and equipment improvements necessary to 
provide regular high-speed service— 
(A) between Washington, District of Columbia, and 
New York, New York, in 2 hours and 30 minutes; and 
(B) between New York, New York, and Boston, 
Massachusetts, in 3 hours and 15 minutes. 
(2) ISSUES.—The report shall include— 
(A) an estimated time frame for achieving the trip 
time described in paragraph (1);