Collapse to view only § 24909. Authorization of appropriations
- § 24901. Definitions
- § 24902. Goals and requirements
- § 24903. General authority
- § 24904. Northeast Corridor planning
- § 24905. Northeast Corridor Commission; Safety Committee
- § 24906. Eliminating highway at-grade crossings
- § 24907. Note and mortgage
- § 24908. Transfer taxes and levies and recording charges
- § 24909. Authorization of appropriations
- § 24910. Rail cooperative research program
- § 24911. Federal-State partnership for intercity passenger rail
§ 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.).
(2) “rail carrier” means an express carrier and a rail carrier as defined in section 10102 of this title, including Amtrak.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 930.)
§ 24902. Goals and requirements
(a)Managing Costs and Revenues.—Amtrak shall manage its operating costs, pricing policies, and other factors with the goal of having revenues derived each fiscal year from providing intercity rail passenger transportation over the Northeast Corridor route between the District of Columbia and Boston, Massachusetts, equal at least the operating costs of providing that transportation in that fiscal year.
(b)Priorities in Selecting and Scheduling Projects.—When selecting and scheduling specific projects, Amtrak shall apply the following considerations, in the following order of priority:
(1) Safety-related items should be completed before other items because the safety of the passengers and users of the Northeast Corridor is paramount.
(2) Activities that benefit the greatest number of passengers should be completed before activities involving fewer passengers.
(3) Reliability of intercity rail passenger transportation must be emphasized.
(4) Trip-time requirements of this section must be achieved to the extent compatible with the priorities referred to in paragraphs (1)–(3) of this subsection.
(5) Improvements that will pay for the investment by achieving lower operating or maintenance costs should be carried out before other improvements.
(6) Construction operations should be scheduled so that the fewest possible passengers are inconvenienced, transportation is maintained, and the on-time performance of Northeast Corridor commuter rail passenger and rail freight transportation is optimized.
(7) Planning should focus on completing activities that will provide immediate benefits to users of the Northeast Corridor.
(c)Compatibility With Future Improvements and Production of Maximum Labor Benefits.—Improvements under this section shall be compatible with future improvements in transportation and shall produce the maximum labor benefit from hiring individuals presently unemployed.
(d)Automatic Train Control Systems.—A train operating on the Northeast Corridor main line or between the main line and Atlantic City shall be equipped with an automatic train control system designed to slow or stop the train in response to an external signal.
(e)High-Speed Transportation.—If practicable, Amtrak shall establish intercity rail passenger transportation in the Northeast Corridor that carries out section 703(1)(E) of the Railroad Revitalization and Regulatory Reform Act of 1976 (Public Law 94–210, 90 Stat. 121).
(f)Equipment Development.—Amtrak shall develop economical and reliable equipment compatible with track, operating, and marketing characteristics of the Northeast Corridor, including the capability to meet reliable trip times under section 703(1)(E) of the Railroad Revitalization and Regulatory Reform Act of 1976 (Public Law 94–210, 90 Stat. 121) in regularly scheduled revenue transportation in the Corridor, when the Northeast Corridor improvement program is completed. Amtrak must decide that equipment complies with this subsection before buying equipment with financial assistance of the Government. Amtrak shall submit a request for an authorization of appropriations for production of the equipment.
(g)Agreements for Off-Corridor Routing of Rail Freight Transportation.—
(1) Amtrak may make an agreement with a rail freight carrier or a regional transportation authority under which the carrier will carry out an alternate off-corridor routing of rail freight transportation over rail lines in the Northeast Corridor between the District of Columbia and New York metropolitan areas, including intermediate points. The agreement shall be for at least 5 years.
(2) Amtrak shall apply to the Surface Transportation Board for approval of the agreement and all related agreements accompanying the application as soon as the agreement is made. If the Board finds that approval is necessary to carry out this chapter, the Board shall approve the application and related agreements not later than 90 days after receiving the application.
(3) If an agreement is not made under paragraph (1) of this subsection, Amtrak, with the consent of the other parties, may apply to the Surface Transportation Board. Not later than 90 days after the application, the Board shall decide on the terms of an agreement if it decides that doing so is necessary to carry out this chapter. The decision of the Board is binding on the other parties.
(h)Coordination.—
(1) The Secretary of Transportation shall coordinate—
(A) transportation programs related to the Northeast Corridor to ensure that the programs are integrated and consistent with the Northeast Corridor improvement program; and
(B) amounts from departments, agencies, and instrumentalities of the Government to achieve urban redevelopment and revitalization in the vicinity of urban rail stations in the Northeast Corridor served by intercity and commuter rail passenger transportation.
(2) If the Secretary finds significant noncompliance with this section, the Secretary may deny financing to a noncomplying program until the noncompliance is corrected.
(i)Completion.—Amtrak shall give the highest priority to completing the program.
(j)Applicable Procedures.—No State or local building, zoning, subdivision, or similar or related law, nor any other State or local law from which a project would be exempt if undertaken by the Federal Government or an agency thereof within a Federal enclave wherein Federal jurisdiction is exclusive, including without limitation with respect to all such laws referenced herein above requirements for permits, actions, approvals or filings, shall apply in connection with the construction, ownership, use, operation, financing, leasing, conveying, mortgaging or enforcing a mortgage of (i) any improvement undertaken by or for the benefit of Amtrak as part of, or in furtherance of, the Northeast Corridor Improvement Project (including without limitation maintenance, service, inspection or similar facilities acquired, constructed or used for high speed trainsets) or chapter 241, 243, or 247 of this title or (ii) any land (and right, title or interest created with respect thereto) on which such improvement is located and adjoining, surrounding or any related land. These exemptions shall remain in effect and be applicable with respect to such land and improvements for the benefit of any mortgagee before, upon and after coming into possession of such improvements or land, any third party purchasers thereof in foreclosure (or through a deed in lieu of foreclosure), and their respective successors and assigns, in each case to the extent the land or improvements are used, or held for use, for railroad purposes or purposes accessory thereto. This subsection shall not apply to any improvement or related land unless Amtrak receives a Federal operating subsidy in the fiscal year in which Amtrak commits to or initiates such improvement.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 930; Pub. L. 104–205, title III, § 334, Sept. 30, 1996, 110 Stat. 2974; Pub. L. 105–134, title IV, § 405(b)(1), Dec. 2, 1997, 111 Stat. 2586; Pub. L. 112–141, div. C, title II, § 32932(c)(3), July 6, 2012, 126 Stat. 829.)
§ 24903. General authority
(a)General.—To carry out this chapter and the Regional Rail Reorganization Act of 1973 (45 U.S.C. 701 et seq.), Amtrak may—
(1) acquire, maintain, and dispose of any interest in property used to provide improved high-speed rail transportation under section 24902 of this title;
(2) acquire, by condemnation or otherwise, any interest in real property that Amtrak considers necessary to carry out the goals of section 24902;
(3) provide for rail freight, intercity rail passenger, and commuter rail passenger transportation over property acquired under this section;
(4) improve rail rights of way between Boston, Massachusetts, and the District of Columbia (including the route through Springfield, Massachusetts, and routes to Harrisburg, Pennsylvania, and Albany, New York, from the Northeast Corridor main line) to achieve the goals of section 24902 of providing improved high-speed rail passenger transportation between Boston, Massachusetts, and the District of Columbia, and intermediate intercity markets;
(5) acquire, build, improve, and install passenger stations, communications and electric power facilities and equipment, public and private highway and pedestrian crossings, and other facilities and equipment necessary to provide improved high-speed rail passenger transportation over rights of way improved under clause (4) of this subsection;
(6) make agreements with other carriers and commuter authorities to grant, acquire, or make arrangements for rail freight or commuter rail passenger transportation over, rights of way and facilities acquired under the Regional Rail Reorganization Act of 1973 (45 U.S.C. 701 et seq.), the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 801 et seq.), and chapter 224 of this title; and
(7) appoint a general manager of the Northeast Corridor improvement program.
(b)Compensatory Agreements.—Rail freight and commuter rail passenger transportation provided under subsection (a)(3) of this section shall be provided under compensatory agreements with the responsible carriers.
(c)Compensation for Transportation Over Certain Rights of Way and Facilities.—
(1) An agreement under subsection (a)(6) of this section shall provide for reasonable reimbursement of costs but may not cross-subsidize intercity rail passenger, commuter rail passenger, and rail freight transportation.
(2) If the parties do not agree, the Surface Transportation Board shall order that the transportation continue over facilities acquired under the Regional Rail Reorganization Act of 1973 (45 U.S.C. 701 et seq.), the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 801 et seq.), and chapter 224 of this title and shall determine compensation (without allowing cross-subsidization between commuter rail passenger and intercity rail passenger and rail freight transportation) for the transportation not later than 120 days after the dispute is submitted. The Board shall assign to a rail carrier obtaining transportation under this subsection the costs Amtrak incurs only for the benefit of the carrier, plus a proportionate share of all other costs of providing transportation under this paragraph incurred for the common benefit of Amtrak and the carrier. The proportionate share shall be based on relative measures of volume of car operations, tonnage, or other factors that reasonably reflect the relative use of rail property covered by this subsection.
(3) This subsection does not prevent the parties from making an agreement under subsection (a)(6) of this section after the Board makes a decision under this subsection.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 934, § 24904; Pub. L. 103–429, § 6(22), Oct. 31, 1994, 108 Stat. 4380; Pub. L. 105–134, title IV, § 405(b)(2), Dec. 2, 1997, 111 Stat. 2586; Pub. L. 110–432, div. B, title II, § 212(b)(2), Oct. 16, 2008, 122 Stat. 4924; Pub. L. 112–141, div. C, title II, § 32932(c)(4), July 6, 2012, 126 Stat. 829; renumbered § 24903, Pub. L. 114–94, div. A, title XI, § 11306(a)(1), Dec. 4, 2015, 129 Stat. 1658; Pub. L. 117–58, div. B, title I, § 21301(j)(4)(F), Nov. 15, 2021, 135 Stat. 693.)
§ 24904. Northeast Corridor planning
(a)Northeast Corridor Service Development Plan.—
(1)In general.—Not later than March 31, 2022, the Northeast Corridor Commission established under section 24905 (referred to in this section as the “Commission”) shall submit a service development plan to Congress.
(2)Contents.—The plan required under paragraph (1) shall—
(A) identify key state-of-good-repair, capacity expansion, and capital improvement projects planned for the Northeast Corridor;
(B) provide a coordinated and consensus-based plan covering a 15-year period;
(C) identify service objectives and the capital investments required to meet such objectives;
(D) provide a delivery-constrained strategy that identifies—
(i) capital investment phasing;
(ii) an evaluation of workforce needs; and
(iii) strategies for managing resources and mitigating construction impacts on operations; and
(E) include a financial strategy that identifies funding needs and potential funding sources.
(3)Updates.—The Commission shall update the service development plan not less frequently than once every 5 years.
(b)Northeast Corridor Capital Investment Plan.—
(1)In general.—Not later than November 1 of each year, the Commission shall—
(A) develop an annual capital investment plan for the Northeast Corridor; and
(B) submit the capital investment plan to—
(i) the Secretary of Transportation;
(ii) the Committee on Commerce, Science, and Transportation of the Senate; and
(iii) the Committee on Transportation and Infrastructure of the House of Representatives.
(2)Contents.—The plan required under paragraph (1) shall—
(A) reflect coordination across the entire Northeast Corridor;
(B) integrate the individual capital plans developed by Amtrak, States, and commuter authorities in accordance with the cost allocation policy developed and approved under section 24905(c);
(C) cover a period of 5 fiscal years, beginning with the fiscal year during which the plan is submitted;
(D) notwithstanding section 24902(b), document the projects and programs being undertaken to advance the service objectives and capital investments identified in the Northeast Corridor service development plan developed under subsection (a), and the asset condition needs identified in the Northeast Corridor asset management plans, after considering—
(i) the benefits and costs of capital investments in the plan;
(ii) project and program readiness;
(iii) the operational impacts; and
(iv) Federal and non-Federal funding availability;
(E) categorize capital projects and programs as primarily associated with 1 of the categories listed under section 24319(c)(2)(C);
(F) identify capital projects and programs that are associated with more than 1 category described in subparagraph (E); and
(G) include a financial plan that identifies—
(i) funding sources and financing methods;
(ii) the status of cost sharing agreements pursuant to the cost allocation policy developed under section 24905(c);
(iii) the projects and programs that the Commission expects will receive Federal financial assistance; and
(iv) the eligible entity or entities that the Commission expects—(I) to receive the Federal financial assistance referred to in clause (iii); and(II) to implement each capital project.
(3)Review and coordination.—The Commission shall require that the information described in paragraph (2) be submitted in a timely manner to allow for a reasonable period of review by, and coordination with, affected agencies before the Commission submits the capital investment plan pursuant to paragraph (1).
(c)Failure To Develop a Capital Investment Plan.—If a capital investment plan has not been developed by the Commission for a given fiscal year, then the funds assigned to the Northeast Corridor account established under section 24317(b) for that fiscal year may be spent only on capital projects and programs contained in the Commission’s capital investment plan for the prior fiscal year.
(d)Northeast Corridor Capital Asset Management System.—
(1)In general.—Amtrak and other infrastructure owners that provide or support intercity rail passenger transportation along the Northeast Corridor shall develop an asset management system and use and update such system, as necessary, to develop submissions to the Northeast Corridor capital investment plan described in subsection (b).
(2)Features.—The system required under paragraph (1) shall develop submissions that—
(A) are consistent with the transit asset management system (as defined in section 5326(a)(3)); and
(B) include—
(i) an inventory of all capital assets owned by the developer of the plan;
(ii) an assessment of condition of such capital assets;
(iii) a description of the resources and processes that will be necessary to bring or to maintain such capital assets in a state of good repair; and
(iv) a description of changes in the condition of such capital assets since the submission of the prior version of the plan.
(e)Definition of Northeast Corridor.—In this section, the term “Northeast Corridor” means the main line between Boston, Massachusetts, and the District of Columbia, and the Northeast Corridor branch lines connecting to Harrisburg, Pennsylvania, Springfield, Massachusetts, and Spuyten Duyvil, New York, including the facilities and services used to operate and maintain those lines.
(Added Pub. L. 114–94, div. A, title XI, § 11306(a)(2), Dec. 4, 2015, 129 Stat. 1658; amended Pub. L. 117–58, div. B, title II, § 22301, Nov. 15, 2021, 135 Stat. 714.)
§ 24905. Northeast Corridor Commission; Safety Committee
(a)Northeast Corridor 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 Commission (referred to in this section as the “Commission”) to promote mutual cooperation and planning pertaining to the rail operations, infrastructure investments, 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 Office of the Secretary, the Federal Railroad Administration, and the Federal Transit 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
(D) non-voting representatives of freight and commuter railroad carriers authorities 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 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).
(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 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.
(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;
(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;
(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.
(3)Submission of statement of goals, recommendations, and performance reports.—The Commission shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives—
(A) any updates made to the statement of goals developed under paragraph (1) not later than 60 days after such updates are made; and
(B) annual performance reports and recommendations for improvements, as appropriate, issued not later than March 31 of each year, for the prior fiscal year, which summarize—
(i) the operations and performance of commuter, intercity, and freight rail transportation, including ridership trends, along the Northeast Corridor;
(ii) the delivery of the first year of the capital investment plan described in section 24904; and
(iii) progress in assessing and eliminating the state-of-good-repair backlog.
(c)Allocation of Costs.—
(1)Policy.—The Commission shall—
(A) develop and maintain the standardized policy first approved on September 17, 2015, and update, as appropriate, 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 timetables for implementing and maintaining the policy;
(C) 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;
(D) 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”.
(E) 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.
(2)Implementation.—
(A)In general.—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.
(B)Effect of failure to implement or comply with policy.—If the entities referred to in subparagraph (A) fail to implement the policy in accordance with paragraph (1)(D) or fail to comply with the policy thereafter, the Surface Transportation Board shall—
(i) 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
(ii) enforce its determination on the party or parties involved.
(3)Revisions.—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.
(4)Request for dispute resolution.—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.
(d)Authorization of Appropriations.—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.
(e)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)Sunset.—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.
(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; Pub. L. 114–94, div. A, title XI, § 11305(a)–(d)(1), Dec. 4, 2015, 129 Stat. 1656, 1657; Pub. L. 115–420, §§ 4(a), 6(a), Jan. 3, 2019, 132 Stat. 5444, 5445; Pub. L. 117–58, div. B, title II, § 22302, Nov. 15, 2021, 135 Stat. 716.)
§ 24906. Eliminating highway at-grade crossings
(a)Plan.—
(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.)
§ 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 24903.
(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; Pub. L. 114–94, div. A, title XI, § 11306(b)(1), Dec. 4, 2015, 129 Stat. 1660.)
§ 24908. Transfer taxes and levies and recording charges
A transfer of an interest in rail property under this chapter is exempt from a tax or levy related to the transfer that is imposed by the United States Government, a State, or a political subdivision of a State. On payment of the appropriate and generally applicable charge for the service performed, a transferee or transferor may record an instrument and, consistent with the final system plan, the release or removal of a pre-existing lien or encumbrance of record related to the interest transferred.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 937.)
§ 24909. Authorization of appropriations
(a)General.—
(1) Not more than $2,313,000,000 may be appropriated to the Secretary of Transportation to achieve the goals of section 24902(a)(1) 1
1 See References in Text note below.
of this title. From this amount, the following amounts shall be expended by Amtrak:(A) at least $27,000,000 for equipment modification and replacement that a State or a local or regional transportation authority must bear because of the electrification conversion system of the Northeast Corridor under this chapter.
(B) $30,000,000—
(i) to improve the main line track between the Northeast Corridor main line and Atlantic City, New Jersey, to ensure that the track, consistent with a plan New Jersey developed in consultation with Amtrak to provide rail passenger transportation between the Northeast Corridor main line and Atlantic City, New Jersey, would be of sufficient quality to allow safe rail passenger transportation at a minimum of 79 miles an hour not later than September 30, 1985; and
(ii) to promote rail passenger use of the track.
(C) necessary amounts to—
(i) develop Union Station in the District of Columbia;
(ii) install 189 track-miles, and renew 133 track-miles, of concrete ties with continuously welded rail between the District of Columbia and New York, New York;
(iii) install reverse signaling between Philadelphia, Pennsylvania, and Morrisville, Pennsylvania, on numbers 2 and 3 track;
(iv) restore ditch drainage in concrete tie locations between the District of Columbia and New York, New York;
(v) undercut 83 track-miles between the District of Columbia and New York, New York;
(vi) rehabilitate bridges between the District of Columbia and New York, New York (including Hi line);
(vii) develop a maintenance of way equipment repair facility between the District of Columbia and New York, New York, and build maintenance of way bases at Philadelphia, Pennsylvania, Sunnyside, New York, and Cedar Hill, Connecticut;
(viii) stabilize the roadbed between the District of Columbia and New York, New York;
(ix) automate the Bush River Drawbridge at milepost 72.14;
(x) improve the New York Service Facility to develop rolling stock repair capability;
(xi) install a rail car washer facility at Philadelphia, Pennsylvania;
(xii) restore storage tracks and buildings at the Washington Service Facility;
(xiii) install centralized traffic control from Landlith, Delaware, to Philadelphia, Pennsylvania;
(xiv) improve track, including high speed surfacing, ballast cleaning, and associated equipment repair and material distribution;
(xv) rehabilitate interlockings between the District of Columbia and New York, New York;
(xvi) paint the Connecticut River, Groton, and Pelham Bay bridges;
(xvii) provide additional catenary renewal and power supply upgrading between the District of Columbia and New York, New York;
(xviii) rehabilitate structural, electrical, and mechanical systems at the William H. Gray III 30th Street Station in Philadelphia, Pennsylvania;
(xix) install evacuation and fire protection facilities in tunnels in New York, New York;
(xx) improve the communication and signal systems between Wilmington, Delaware, and Boston, Massachusetts, on the Northeast Corridor main line, and between Philadelphia, Pennsylvania, and Harrisburg, Pennsylvania, on the Harrisburg Line;
(xxi) improve the electric traction systems between Wilmington, Delaware, and Newark, New Jersey;
(xxii) install baggage rack restraints, seat back guards, and seat lock devices on 348 passenger cars operating in the Northeast Corridor;
(xxiii) install 44 event recorders and 10 electronic warning devices on locomotives operating within the Northeast Corridor; and
(xxiv) acquire cab signal test boxes and install 9 wayside loop code transmitters for use within the Northeast Corridor.
(2) The following additional amounts may be appropriated to the Secretary for expenditure by Amtrak:
(A) not more than $150,000,000 to achieve the goal of section 24902(a)(3) 1 of this title.
(B) not more than $120,000,000 to acquire interests in property in the Northeast Corridor.
(C) not more than $650,000 to develop and use mobile radio frequencies for passenger radio mobile telephone service on high-speed rail passenger transportation.
(D) not more than $20,000,000 to acquire and improve interests in rail property designated under section 206(c)(1)(D) of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 716(c)(1)(D)).
(E) not more than $37,000,000 to carry out section 24902(a)(7) and (j) 1 of this title.
(b)Emergency Maintenance.—Not more than $25,000,000 of the amount appropriated under the Act of February 28, 1975 (Public Law 94–6, 89 Stat. 11), may be used by Amtrak for emergency maintenance on rail property designated under section 206(c)(1)(C) of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 716(c)(1)(C)).
(c)Priority in Using Certain Amounts.—Amounts appropriated under subsection (a)(2)(B) and (D) of this section shall be used first to repay, with interest, obligations guaranteed under section 602 of the Rail Passenger Service Act, if the proceeds of those obligations were used to pay the expenses of acquiring interests in property referred to in subsection (a)(2)(B) and (D).
(d)Prohibition on Subsidizing Commuter and Freight Operating Losses.—Amounts appropriated under this section may not be used to subsidize operating losses of commuter rail or rail freight transportation.
(e)Substituting and Deferring Certain Improvements.—
(1) A project for which amounts are authorized under subsection (a)(1)(C) of this section is a part of the Northeast Corridor improvement program and is not a substitute for improvements specified in the document “Corridor Master Plan II, NECIP Restructured Program” of January, 1982. However, Amtrak may defer the project to carry out the improvement and rehabilitation for which amounts are authorized under subsection (a)(1)(B) of this section. The total cost of the project that Amtrak defers may not be substantially more than the amount Amtrak is required to expend or reserve under subsection (a)(1)(B).
(2)Section 24902 of this title is deemed not to be fulfilled until the projects under subsection (a)(1)(C) of this section are completed.
(f)Availability of Amounts.—Amounts appropriated under subsection (a)(1) and (2)(A) and (C)–(E) of this section remain available until expended.
(g)Authorizations Increased by Prior Year Deficiencies.—An amount greater than that authorized for a fiscal year may be appropriated to the extent that the amount appropriated for any prior fiscal year is less than the amount authorized for that year.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 937; Pub. L. 113–158, § 2, Aug. 8, 2014, 128 Stat. 1838.)
§ 24910. Rail cooperative research program
(a)In General.—The Secretary shall establish and carry out a rail cooperative research program. The program shall—
(1) address, among other matters, intercity rail passenger and freight rail services, including existing rail passenger and freight technologies and speeds, incrementally enhanced rail systems and infrastructure, and new high-speed wheel-on-rail systems;
(2) address ways to expand the transportation of international trade traffic by rail, enhance the efficiency of intermodal interchange at ports and other intermodal terminals, and increase capacity and availability of rail service for seasonal freight needs;
(3) consider research on the interconnectedness of commuter rail, passenger rail, freight rail, and other rail networks; and
(4) give consideration to regional concerns regarding rail passenger and freight transportation, including meeting research needs common to designated high-speed corridors, long-distance rail services, and regional intercity rail corridors, projects, and entities.
(b)Content.—The program to be carried out under this section shall include research designed—
(1) to identify the unique aspects and attributes of rail passenger and freight service;
(2) to develop more accurate models for evaluating the impact of rail passenger and freight service, including the effects on highway and airport and airway congestion, environmental quality, and energy consumption;
(3) to develop a better understanding of modal choice as it affects rail passenger and freight transportation, including development of better models to predict utilization;
(4) to recommend priorities for technology demonstration and development;
(5) to meet additional priorities as determined by the advisory board established under subsection (c), including any recommendations made by the National Research Council;
(6) to explore improvements in management, financing, and institutional structures;
(7) to address rail capacity constraints that affect passenger and freight rail service through a wide variety of options, ranging from operating improvements to dedicated new infrastructure, taking into account the impact of such options on operations;
(8) to improve maintenance, operations, customer service, or other aspects of intercity rail passenger and freight service;
(9) to recommend objective methodologies for determining intercity passenger rail routes and services, including the establishment of new routes, the elimination of existing routes, and the contraction or expansion of services or frequencies over such routes;
(10) to review the impact of equipment and operational safety standards on the further development of high-speed passenger rail operations connected to or integrated with non-high-speed freight or passenger rail operations;
(11) to recommend any legislative or regulatory changes necessary to foster further development and implementation of high-speed passenger rail operations while ensuring the safety of such operations that are connected to or integrated with non-high-speed freight or passenger rail operations;
(12) to review rail crossing safety improvements, including improvements using new safety technology;
(13) to review and develop technology designed to reduce train horn noise and its effect on communities, including broadband horn technology; and
(14) to improve overall safety of intercity passenger and freight rail operations.
(c)Advisory Board.—
(1)Establishment.—In consultation with the heads of appropriate Federal departments and agencies, the Secretary shall establish an advisory board to recommend research, technology, and technology transfer activities related to rail passenger and freight transportation.
(2)Membership.—The advisory board shall include—
(A) representatives of State transportation agencies;
(B) transportation and environmental economists, scientists, and engineers; and
(C) representatives of Amtrak, the Alaska Railroad, freight railroads, transit operating agencies, intercity rail passenger agencies, railway labor organizations, and environmental organizations.
(3)Sunset.—The advisory board established under this subsection ceases to exist effective January 1, 2019.
(d)National Academy of Sciences.—The Secretary may make grants to, and enter into cooperative agreements with, the National Academy of Sciences to carry out such activities relating to the research, technology, and technology transfer activities described in subsection (b) as the Secretary deems appropriate.
(e)Authorization of Appropriations.—There are authorized to be appropriated to the Secretary of Transportation $5,000,000 for each of fiscal years 2010 through 2013 for carrying out this section.
(Added Pub. L. 110–432, div. B, title III, § 306(a), Oct. 16, 2008, 122 Stat. 4952; amended Pub. L. 114–94, div. A, title XI, § 11316(o), Dec. 4, 2015, 129 Stat. 1679; Pub. L. 115–420, § 6(b), Jan. 3, 2019, 132 Stat. 5445.)
§ 24911. Federal-State partnership for intercity passenger rail
(a)Definitions.—In this section:
(1)Applicant.—The term “applicant” means—
(A) a State (including the District of Columbia);
(B) a group of States;
(C) an Interstate Compact;
(D) a public agency or publicly chartered authority established by 1 or more States;
(E) a political subdivision of a State;
(F) Amtrak, acting on its own behalf or under a cooperative agreement with 1 or more States;
(G) a federally recognized Indian Tribe; or
(H) any combination of the entities described in subparagraphs (A) through (G).
(2)Intercity rail passenger transportation.—The term “intercity rail passenger transportation” has the meaning given the term in section 24102.
(3)Northeast corridor.—The term “Northeast Corridor” means—
(A) the main rail line between Boston, Massachusetts and the District of Columbia;
(B) the branch rail lines connecting to Harrisburg, Pennsylvania, Springfield, Massachusetts, and Spuyten Duyvil, New York; and
(C) facilities and services used to operate and maintain lines described in subparagraphs (A) and (B).
(b)Grant Program Authorized.—The Secretary of Transportation shall develop and implement a program for issuing grants to applicants, on a competitive basis, to fund capital projects that reduce the state of good repair backlog, improve performance, or expand or establish new intercity passenger rail service, including privately operated intercity passenger rail service if an eligible applicant is involved;.1
1 So in original. The semicolon preceding the period probably should not appear.
(c)Eligible Projects.—The following capital projects, including acquisition of real property interests, are eligible to receive grants under this section:
(1) A project to replace, rehabilitate, or repair infrastructure, equipment, or a facility used for providing intercity passenger rail service to bring such assets into a state of good repair.
(2) A project to improve intercity passenger rail service performance, including reduced trip times, increased train frequencies, higher operating speeds, improved reliability, expanded capacity, reduced congestion, electrification, and other improvements, as determined by the Secretary.
(3) A project to expand or establish new intercity passenger rail service.
(4) A group of related projects described in paragraphs (1) through (3).
(5) The planning, environmental studies, and final design for a project or group of projects described in paragraphs (1) through (4).
(d)Project Selection Criteria.—In selecting a project for funding under this section—
(1) for projects located on the Northeast Corridor, the Secretary shall—
(A) make selections consistent with the Northeast Corridor Project Inventory published pursuant to subsection (e)(1), unless when necessary to address materially changed infrastructure or service conditions, changes in project sponsor capabilities or commitments, or other significant changes since the completion of the most recently issued Northeast Corridor Project Inventory; and
(B) for projects that benefit intercity and commuter rail services, only make such selections when Amtrak and the public authorities providing commuter rail passenger transportation at the eligible project location—
(i) are in compliance with section 24905(c)(2); and
(ii) identify funding for the intercity passenger rail share, the commuter rail share, and the local share of the eligible project before the commencement of the project;
(2) for projects not located on the Northeast Corridor, the Secretary shall—
(A) give preference to eligible projects—
(i) for which Amtrak is not the sole applicant;
(ii) that improve the financial performance, reliability, service frequency, or address the state of good repair of an Amtrak route; and
(iii) that are identified in, and consistent with, a corridor inventory prepared under the Corridor Identification and Development Program pursuant to section 25101; and
(B) take into account—
(i) the cost-benefit analysis of the proposed project, including anticipated private and public benefits relative to the costs of the proposed project, including—(I) effects on system and service performance, including as measured by applicable metrics set forth in part 273 of title 49, Code of Federal Regulations (or successor regulations);(II) effects on safety, competitiveness, reliability, trip or transit time, greenhouse gas emissions, and resilience;(III) anticipated positive economic and employment impacts, including development in areas near passenger stations, historic districts, or other opportunity zones;(IV) efficiencies from improved connections with other modes; and(V) ability to meet existing or anticipated demand;
(ii) the degree to which the proposed project’s business plan considers potential private sector participation in the financing, construction, or operation of the proposed project;
(iii) the applicant’s past performance in developing and delivering similar projects, and previous financial contributions;
(iv) whether the applicant has, or will have—(I) the legal, financial, and technical capacity to carry out the project;(II) satisfactory continuing access to the equipment or facilities; and(III) the capability and willingness to maintain the equipment or facilities;
(v) if applicable, the consistency of the project with planning guidance and documents set forth by the Secretary or otherwise required by law;
(vi) whether the proposed project serves historically unconnected or underconnected communities; and
(vii) any other relevant factors, as determined by the Secretary; and
(3) the Secretary shall reserve—
(A) not less than 45 percent of the amounts appropriated for grants under this section for projects not located along the Northeast Corridor, of which not less than 20 percent shall be for projects that benefit (in whole or in part) a long-distance route; and
(B) not less than 45 percent of the amounts appropriated for grants under this section for projects listed on the Northeast Corridor project inventory published pursuant to subsection (e)(1).
(e)Long-term Planning.—Not later than 1 year after the date of enactment of the Passenger Rail Expansion and Rail Safety Act of 2021, and every 2 years thereafter, the Secretary shall create a predictable project pipeline that will assist Amtrak, States, and the public with long-term capital planning by publishing a Northeast Corridor project inventory that—
(1) identifies capital projects for Federal investment, project applicants, and proposed Federal funding levels under this section;
(2) specifies the order in which the Secretary will provide grant funding to projects that have identified sponsors and are located along the Northeast Corridor, including a method and plan for apportioning funds to project sponsors for the 2-year period, which may be altered by the Secretary, as necessary, if recipients are not carrying out projects in accordance with the anticipated schedule;
(3) takes into consideration the appropriate sequence and phasing of projects described in the Northeast Corridor capital investment plan developed pursuant to section 24904(a); 2
2 So in original. Probably should be “section 24904(b);”.
(4) is consistent with the most recent Northeast Corridor service development plan update described in section 24904(d);3
3 So in original. Probably should be “section 24904(a)(3);”.
(5) takes into consideration the existing commitments and anticipated Federal, project applicant, sponsor, and other relevant funding levels for the next 5 fiscal years based on information currently available to the Secretary; and
(6) is developed in consultation with the Northeast Corridor Commission and the owners of Northeast Corridor infrastructure and facilities.
(f)Federal Share of Total Project Costs.—
(1)Total project cost.—The Secretary shall estimate the total cost of a project under this section based on the best available information, including engineering studies, studies of economic feasibility, environmental analyses, and information on the expected use of equipment or facilities.
(2)Federal share.—The Federal share of total costs for a project under this section shall not exceed 80 percent, except as specified under paragraph (4).
(3)Treatment of amtrak revenue.—If Amtrak is an applicant under this section, Amtrak may use ticket and other revenues generated from its operations and other sources to satisfy the non-Federal share requirements.
(g)Letters of Intent; Phased Funding Agreements.—
(1)Letters of intent.—The Secretary may issue a letter of intent to a grantee under this section that—
(A) announces an intention to obligate, for a major capital project under this section, an amount from future available budget authority specified in law that is not more than the amount stipulated as the financial participation of the Secretary in the project; and
(B) states that the contingent commitment—
(i) is not an obligation of the Federal Government; and
(ii) is subject to the availability of appropriations for grants under this section and subject to Federal laws in force or enacted after the date of the contingent commitment.
(2)Phased funding agreements.—
(A)In general.—The Secretary may enter into a phased funding agreement with an applicant if—
(i) the project is highly rated, based on the evaluations and ratings conducted pursuant to this section and the applicable notice of funding opportunity; and
(ii) the Federal assistance to be provided for the project under this section is more than $80,000,000.
(B)Terms.—A phased funding agreement shall—
(i) establish the terms of participation by the Federal Government in the project;
(ii) establish the maximum amount of Federal financial assistance for the project;
(iii) include the period of time for completing the project, even if such period extends beyond the period for which Federal financial assistance is authorized;
(iv) make timely and efficient management of the project easier in accordance with Federal law; and
(v) if applicable, specify when the process for complying with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and related environmental laws will be completed for the project.
(C)Special financial rules.—
(i)In general.—A phased funding agreement under this paragraph obligates an amount of available budget authority specified in law and may include a commitment, contingent on amounts to be specified in law in advance for commitments under this paragraph, to obligate an additional amount from future available budget authority specified in law.
(ii)Statement of contingent commitment.—The agreement shall state that the contingent commitment is not an obligation of the Government.
(iii)Interest and other financing costs.—Interest and other financing costs of efficiently carrying out a part of the project within a reasonable time are a cost of carrying out the project under a phased funding agreement, except that eligible costs may not be more than the cost of the most favorable financing terms reasonably available for the project at the time of borrowing. The applicant shall certify, to the satisfaction of the Secretary, that the applicant has shown reasonable diligence in seeking the most favorable financing terms.
(iv)Failure to carry out project.—If an applicant does not carry out the project for reasons within the control of the applicant, the applicant shall repay all Federal grant funds awarded for the project from all Federal funding sources, for all project activities, facilities, and equipment, plus reasonable interest and penalty charges allowable by law or established by the Secretary in the phased funding agreement. For purposes of this clause, a process for complying with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) that results in the selection of the no build alternative is not within the applicant’s control.
(v)Crediting of funds received.—Any funds received by the Government under this paragraph, except for interest and penalty charges, shall be credited to the appropriation account from which the funds were originally derived.
(3)Congressional notification.—
(A)In general.—Not later than 30 days before issuing a phased funding agreement under paragraph (2) or a letter under paragraph (1), the Secretary shall submit written notification to—
(i) the Committee on Commerce, Science, and Transportation of the Senate;
(ii) the Committee on Appropriations of the Senate;
(iii) the Committee on Transportation and Infrastructure of the House of Representatives; and
(iv) the Committee on Appropriations of the House of Representatives.
(B)Contents.—The notification submitted pursuant to subparagraph (A) shall include—
(i) a copy of the phased funding agreement or the proposed letter;
(ii) the criteria used under subsection (d) for selecting the project for a grant award; and
(iii) a description of how the project meets such criteria.
(4)Appropriations required.—
(A)In general.—The Secretary may enter into phased funding agreements under this subsection that contain contingent commitments to incur obligations in such amounts as the Secretary determines are appropriate.
(B)Appropriations required.—An obligation or administrative commitment may be made under this section only when amounts are appropriated for such purpose.
(h)Availability.—Amounts appropriated for carrying out this section shall remain available until expended.
(i)Grant Conditions.—Except as specifically provided in this section, the use of any amounts appropriated for grants under this section shall be subject to the grant conditions under sections 22903 and 22905.
(j)Annual Report on Phased Funding Agreements and Letters of Intent.—Not later than the first Monday in February of each year, the Secretary shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Appropriations of the Senate, the Committee on Transportation and Infrastructure of the House of Representatives, and the Committee on Appropriations of the House of Representatives that includes—
(1) a proposal for the allocation of amounts to be available to finance grants for projects under this section among applicants for such amounts;
(2) evaluations and ratings, as applicable, for each project that has received a phased funding agreement or a letter of intent; and
(3) recommendations for each project that has received a phased funding agreement or a letter of intent for funding based on the evaluations and ratings, as applicable, and on existing commitments and anticipated funding levels for the next 3 fiscal years based on information currently available to the Secretary.
(k)Regional Planning Guidance Corridor Planning.—The Secretary may withhold up to 5 percent of the total amount made available for this section to carry out planning and development activities related to section 25101, including—
(1) providing funding to public entities for the development of service development plans selected under the Corridor Identification and Development Program;
(2) facilitating and providing guidance for intercity passenger rail systems planning; and
(3) providing funding for the development and refinement of intercity passenger rail systems planning analytical tools and models.
(Added Pub. L. 114–94, div. A, title XI, § 11302(a), Dec. 4, 2015, 129 Stat. 1648; amended Pub. L. 115–141, div. L, title I, Mar. 23, 2018, 132 Stat. 994; Pub. L. 115–420, § 7(b)(3)(A)(i)(IV), Jan. 3, 2019, 132 Stat. 5447; Pub. L. 117–58, div. B, title II, § 22307(a), Nov. 15, 2021, 135 Stat. 725.)