185 
‘‘(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 mech-
anisms 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 de-
termining and allocating costs, revenues, and 
compensation for Northeast Corridor commuter 
rail passenger transportation, as defined in sec-
tion 24102 of this title, on the Northeast Cor-
ridor main line between Boston, Massachusetts, 
and Washington, District of Columbia, and the 
Northeast Corridor branch lines connecting to
186 
Harrisburg, Pennsylvania, Springfield, Massa-
chusetts, 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 pas-
senger, 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 fac-
tors 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 im-
plementing 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
187 
‘‘(D) at the request of a Commission mem-
ber, 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 au-
thorities providing commuter rail passenger transpor-
tation 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 ap-
propriate compensation amounts for such services in 
accordance with section 24904(c) of this title. The 
Surface Transportation Board shall enforce its deter-
mination 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 Im-
provement Act of 2008.
188 
‘‘(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 sub-
section (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 sub-
section (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, in-
cluding the Federal Railroad Administration; 
‘‘(B) Amtrak;
189 
‘‘(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 ses-
sion of each Congress, the Secretary shall submit a re-
port 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 sta-
tus of efforts to improve safety and security on the 
Northeast Corridor main line. The report shall in-
clude the safety and security recommendations of the
190 
Committee and the comments of the Secretary on 
those recommendations.’’. 
(b) CONFORMING AMENDMENTS.—(1) The item relat-
ing 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 Trans-
portation shall enter into an agreement governing ac-
cess fees and other costs or charges related to the oper-
ation of the South County commuter rail service on 
the Northeast Corridor between Providence and 
Wickford Junction, Rhode Island. 
(2) FAILURE TO REACH AGREEMENT.—If Am-
trak and the Rhode Island Department of Transpor-
tation fail to reach the agreement specified under 
paragraph (1), the Administrator of the Federal Rail-
road Administration shall, after consultation with 
both parties, resolve any outstanding disagreements 
between the parties, including setting access fees and