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

Page 721 TITLE 49—TRANSPORTATION § 24905 taken to advance the service objectives and capital investments identified in the North- east Corridor service development plan de- veloped under subsection (a), and the asset condition needs identified in the Northeast Corridor asset management plans, after con- sidering— (i) the benefits and costs of capital in- vestments 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 pro- grams 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 cat- egory described in subparagraph (E); and (G) include a financial plan that identi- fies— (i) funding sources and financing meth- ods; (ii) the status of cost sharing agreements pursuant to the cost allocation policy de- veloped 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 as- sistance referred to in clause (iii); and (II) to implement each capital project. (3) REVIEW AND COORDINATION.—The Commis- sion shall require that the information de- scribed in paragraph (2) be submitted in a timely manner to allow for a reasonable pe- riod of review by, and coordination with, af- fected agencies before the Commission sub- mits the capital investment plan pursuant to paragraph (1). (c) FAILURE TO DEVELOP A CAPITAL INVEST- MENT 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 MAN- AGEMENT SYSTEM.— (1) IN GENERAL.—Amtrak and other infra- structure 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 con- dition of such capital assets since the sub- mission 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, Massachu- setts, and the District of Columbia, and the Northeast Corridor branch lines connecting to Harrisburg, Pennsylvania, Springfield, Massa- chusetts, and Spuyten Duyvil, New York, in- cluding the facilities and services used to oper- ate 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.) Editorial Notes PRIOR PROVISIONS A prior section 24904 was renumbered section 24903 of this title. AMENDMENTS 2021—Subsec. (a). Pub. L. 117–58, § 22301(1), (3), added subsec. (a) and struck out former subsec. (a), which re- quired Northeast Corridor Commission to develop Northeast Corridor capital investment and financial plans. Subsec. (b). Pub. L. 117–58, § 22301(3), added subsec. (b). Former subsec. (b) redesignated (c). Subsec. (c). Pub. L. 117–58, § 22301(2), (4), redesignated subsec. (b) as (c) and substituted ‘‘spent only on capital projects and programs contained in the Commission’s capital investment plan for the prior fiscal year.’’ for ‘‘spent only on— ‘‘(1) capital projects described in clause (i) or (iii) of subsection (a)(2)(E) of this section; or ‘‘(2) capital projects described in subsection (a)(2)(E)(iv) or (v) of this section that are for the sole benefit of Amtrak.’’ Former subsec. (c) redesignated (d). Subsec. (d). Pub. L. 117–58, § 22301(5), amended subsec. (d) generally. Prior to amendment, subsec. (d) related to development of Northeast Corridor asset manage- ment system and Northeast Corridor asset manage- ment plan for each service territory. Pub. L. 117–58, § 22301(1), (2), redesignated subsec. (c) as (d) and struck out former subsec. (d). Prior to amendment, text of subsec. (d) read as follows: ‘‘Not less frequently than once every 10 years, the Commis- sion shall update the Northeast Corridor service devel- opment plan.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as an Effective Date of 2015 Amend- ment note under section 5313 of Title 5, Government Or- ganization and Employees. § 24905. Northeast Corridor Commission; Safety Committee (a) NORTHEAST CORRIDOR COMMISSION.— (1) Within 180 days after the date of enact- ment of the Passenger Rail Investment and Improvement Act of 2008, the Secretary of Transportation shall establish a Northeast Corridor Commission (referred to in this sec- Page 722 TITLE 49—TRANSPORTATION § 24905 tion as the ‘‘Commission’’) to promote mutual cooperation and planning pertaining to the rail operations, infrastructure investments, and related activities of the Northeast Cor- ridor. 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 Admin- istration, and the Federal Transit Adminis- tration; (C) 1 member from each of the States (in- cluding the District of Columbia) that con- stitute 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 mem- bership belonging to any of the groups enu- merated under paragraph (1) shall not con- stitute a majority of the Commission’s mem- berships. (3) The Commission shall establish a sched- ule 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 ap- pointment 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 de- scribed in paragraph (1)(B) and 1 member de- scribed in paragraph (1)(C). (7) The Commission may appoint and fix the pay of such personnel as it considers appro- priate. (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 pro- vide to the Commission, on a reimbursable basis, the administrative support services nec- essary for the Commission to carry out its re- sponsibilities under this section. (10) The Commission shall consult with other entities as appropriate. (b) STATEMENT OF GOALS AND RECOMMENDA- TIONS.— (1) STATEMENT OF GOALS.—The Commission shall develop and periodically update a state- ment of goals concerning the future of North- east Corridor rail infrastructure and oper- ations based on achieving expanded and im- proved intercity, commuter, and freight rail services operating with greater safety and re- liability, reduced travel times, increased fre- quencies and enhanced intermodal connections designed to address airport and highway con- gestion, reduce transportation energy con- sumption, improve air quality, and increase economic development of the Northeast Cor- ridor region. (2) RECOMMENDATIONS.—The Commission shall develop recommendations based on the statement developed under this section ad- dressing, as appropriate— (A) short-term and long-term capital in- vestment 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 mecha- nisms for projects of corridor-wide signifi- cance. (3) SUBMISSION OF STATEMENT OF GOALS, REC- OMMENDATIONS, AND PERFORMANCE REPORTS.— The Commission shall submit to the Com- mittee on Commerce, Science, and Transpor- tation 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 rec- ommendations for improvements, as appro- priate, 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 sec- tion 24904; and (iii) progress in assessing and elimi- nating 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 com- pensation for Northeast Corridor commuter rail passenger transportation, as defined in section 24102 of this title, on the Northeast Corridor main line between Boston, Massa- chusetts, and Washington, District of Co- lumbia, and the Northeast Corridor branch lines connecting to Harrisburg, Pennsyl- vania, Springfield, Massachusetts, and Spuyten Duyvil, New York, that use Amtrak facilities or services or that provide such fa- cilities or services to Amtrak that ensures that— Page 723 TITLE 49—TRANSPORTATION § 24905 1 So in original. Probably should be followed by ‘‘and’’. (i) there is no cross-subsidization of com- muter rail passenger, intercity rail pas- senger, or freight rail transportation; (ii) each service is assigned the costs in- curred 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 in- frastructure 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 time- tables developed under subparagraph (B) to the Surface Transportation Board, the Com- mittee on Commerce, Science, and Transpor- tation 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 (E) with the consent of a majority of its members, petition the Surface Transpor- tation Board to appoint a mediator to assist the Commission members through non- binding 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 serv- ices. (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 compensa- tion in accordance with the procedures and procedural schedule applicable to a pro- ceeding 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 de- veloped pursuant to section 203 of the Pas- senger 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 Cor- ridor may request that the Surface Transpor- tation Board conduct dispute resolution. The Surface Transportation Board shall establish procedures for resolution of disputes brought before it under this paragraph, which may in- clude the provision of professional mediation services. (d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to the Sec- retary 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 estab- lish a Northeast Corridor Safety Committee composed of members appointed by the Sec- retary. The members shall be representatives of— (A) the Department of Transportation, in- cluding the Federal Railroad Administra- tion; (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 Cor- ridor. (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.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 24905(a)(1) .. 45:585(c). Oct. 30, 1970, Pub. L. 91–518, 84 Stat. 1327, § 505(c); added Jan. 14, 1983, Pub. L. 97–468, § 508(2), 96 Stat. 2554. 24905(a)(2) .. 45:585(a). Oct. 30, 1970, Pub. L. 91–518, 84 Stat. 1327, § 505(a), (b); added Aug. 13, 1981, Pub. L. 97–35, § 1137, 95 Stat. 650; Jan. 14, 1983, Pub. L. 97–468, § 508(1), 96 Stat. 2554. 24905(a)(3) .. 45:585(b). 24905(b) ...... 45:431 (note). June 22, 1988, Pub. L. 100–342, § 11, 102 Stat. 629; Sept. 3, 1992, Pub. L. 102–365, § 18, 106 Stat. 982. In subsection (a)(2), before clause (A), the words ‘‘de- velop and’’ are omitted as surplus. In clause (B)(v), the word ‘‘rates’’ is substituted for ‘‘fares, tariffs’’ for con- sistency in the revised title and with other titles of the United States Code. In subsection (a)(3), the words ‘‘of opinions’’ and ‘‘(among or between the Corporation, Amtrak Com- Page 724 TITLE 49—TRANSPORTATION § 24905 muter, other railroads, commuter authorities, and other State, local, and regional agencies responsible for the provision of commuter rail, rapid rail, or rail freight service), with respect to all matters’’ are omit- ted as surplus. The words ‘‘for facilities and transpor- tation matters under’’ are substituted for ‘‘those con- ferred on the Commission in’’ for clarity. In subsection (b)(1), the words ‘‘Within 30 days after the date of enactment of this Act . . . shall establish’’ are omitted as executed. In subsection (b)(3), the words ‘‘each Congress’’ are substituted for ‘‘the 103rd Congress, and biennially thereafter’’ to eliminate unnecessary words. The words ‘‘pursuant to the provisions of this section’’ are omit- ted as unnecessary. Editorial Notes REFERENCES IN TEXT The date of enactment of the Passenger Rail Invest- ment and Improvement Act of 2008, referred to in sub- sec. (a)(1), is the date of enactment of div. B of Pub. L. 110–432, which was approved Oct. 16, 2008. Section 203 of the Passenger Rail Investment and Im- provement Act of 2008, referred to in subsec. (c)(3), is set out as a note under section 24101 of this title. Section 22101(e) of the Passenger Rail Expansion and Rail Safety Act of 2021, referred to in subsec. (d), is sec- tion 22101(e) of title II of div. B of Pub. L. 117–58, Nov. 15, 2021, 135 Stat. 694, which is not classified to the Code. AMENDMENTS 2021—Subsec. (a)(1)(D). Pub. L. 117–58, § 22302(1), in- serted ‘‘authorities’’ after ‘‘carriers’’. Subsec. (b)(3)(B)(i). Pub. L. 117–58, § 22302(2)(A)(i), in- serted ‘‘, including ridership trends,’’ after ‘‘transpor- tation’’. Subsec. (b)(3)(B)(ii). Pub. L. 117–58, § 22302(2)(B)(i), in- serted ‘‘first year of the’’ after ‘‘the delivery of the’’. Subsec. (b)(3)(B)(iii). Pub. L. 117–58, § 22302(2)(A)(ii), (B)(ii), (C), added cl. (iii). Subsec. (c)(1). Pub. L. 117–58, § 22302(3)(A)(i), sub- stituted ‘‘Policy’’ for ‘‘Development of policy’’ in head- ing. Subsec. (c)(1)(A). Pub. L. 117–58, § 22302(3)(A)(ii), sub- stituted ‘‘develop and maintain the standardized policy first approved on September 17, 2015, and update, as ap- propriate,’’ for ‘‘develop a standardized policy’’. Subsec. (c)(1)(B). Pub. L. 117–58, § 22302(3)(A)(iii), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: ‘‘develop a proposed time- table for implementing the policy;’’. Subsec. (c)(1)(C). Pub. L. 117–58, § 22302(3)(A)(iv), sub- stituted ‘‘updates to the policy and timetables’’ for ‘‘the policy and the timetable’’. Subsec. (c)(1)(D). Pub. L. 117–58, § 22302(3)(A)(v), amended subpar. (D) generally. Prior to amendment, subpar. (D) read as follows: ‘‘not later than October 1, 2015, adopt and implement the policy in accordance with the timetable; and’’. Subsec. (c)(2). Pub. L. 117–58, § 22302(3)(B), amended par. (2) generally. Prior to amendment, text read as fol- lows: ‘‘Amtrak and public authorities providing com- muter rail passenger transportation on the Northeast Corridor shall implement new agreements for usage of facilities or services based on the policy developed under paragraph (1) in accordance with the timetable established therein. If the entities fail to implement such new agreements in accordance with paragraph (1)(D) or fail to comply with the policy thereafter, the Surface Transportation Board shall determine the ap- propriate compensation for such usage 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)(A), as applicable. The Surface Transportation Board shall enforce its determination on the party or parties involved.’’ Subsec. (c)(4). Pub. L. 117–58, § 22302(3)(C), substituted ‘‘commuter authorities’’ for ‘‘public authorities pro- viding commuter rail passenger transportation’’. Subsec. (d). Pub. L. 117–58, § 22302(4), substituted ‘‘2022 through 2026’’ for ‘‘2016 through 2020’’ and ‘‘section 22101(e) of the Passenger Rail Expansion and Rail Safe- ty Act of 2021’’ for ‘‘section 11101(g) of the Passenger Rail Reform and Investment Act of 2015’’. 2019—Subsec. (e)(2). Pub. L. 115–420, § 6(a), added par. (2) and struck out former par. (2). Prior to amendment, text read as follows: ‘‘The Secretary shall consult with the Committee about safety and security improve- ments on the Northeast Corridor main line. The Com- mittee shall meet at least two times per year to con- sider safety and security matters on the main line and meet annually with the Commission on the topic of Northeast Corridor safety and security.’’ Subsec. (e)(3). Pub. L. 115–420, § 4(a), struck out par. (3). Text read as follows: ‘‘At the beginning of the first session of each Congress, the Secretary shall submit a report to the Commission and to the Committee on Transportation and Infrastructure of the House of Rep- resentatives and the Committee on Commerce, Science, and Transportation of the Senate on the status of ef- forts 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 recommenda- tions.’’ 2015—Pub. L. 114–94, § 11305(d)(1)(A), struck out ‘‘Infra- structure and Operations Advisory’’ after ‘‘Corridor’’ in section catchline. Subsec. (a). Pub. L. 114–94, § 11305(d)(1)(B)(i), struck out ‘‘Infrastructure and Operations Advisory’’ after ‘‘Corridor’’ in heading. Subsec. (a)(1). Pub. L. 114–94, § 11305(a)(1)(A), (d)(1)(B)(ii), struck out ‘‘Infrastructure and Operations Advisory’’ after ‘‘Corridor’’ and inserted ‘‘, infrastructure investments,’’ after ‘‘rail operations’’ in introductory provisions. Subsec. (a)(1)(B). Pub. L. 114–94, § 11305(a)(1)(B), added subpar. (B) and struck out former subpar. (B) which read as follows: ‘‘members representing the Depart- ment of Transportation, including the Federal Railroad Administration;’’. Subsec. (a)(1)(D). Pub. L. 114–94, § 11305(a)(1)(C), in- serted ‘‘and commuter’’ after ‘‘freight’’. Subsec. (a)(6). Pub. L. 114–94, § 11305(a)(2), amended par. (6) generally. Prior to amendment, par. (6) read as follows: ‘‘The Chairman of the Commission shall be elected by the members.’’ Subsec. (b)(1). Pub. L. 114–94, § 11305(b)(1), inserted ‘‘and periodically update’’ after ‘‘develop’’. Subsec. (b)(2)(A). Pub. L. 114–94, § 11305(b)(2), struck out ‘‘beyond those specified in the state-of-good-repair plan under section 211 of the Passenger Rail Investment and Improvement Act of 2008’’ after ‘‘needs’’. Subsec. (b)(3). Pub. L. 114–94, § 11305(b)(3), added par. (3). Subsec. (c). Pub. L. 114–94, § 11305(c)(1), substituted ‘‘Allocation of Costs’’ for ‘‘Access Costs’’ in heading. Subsec. (c)(1). Pub. L. 114–94, § 11305(c)(2)(A), (B), sub- stituted ‘‘policy’’ for ‘‘formula’’ in heading and ‘‘The Commission’’ for ‘‘Within 2 years after the date of en- actment of the Passenger Rail Investment and Im- provement Act of 2008, the Commission’’ in introduc- tory provisions. Subsec. (c)(1)(A). Pub. L. 114–94, § 11305(c)(2)(C), sub- stituted ‘‘policy’’ for ‘‘formula’’ in introductory provi- sions. Subsec. (c)(1)(B) to (E). Pub. L. 114–94, § 11305(c)(2)(D), added subpars. (B) to (E) and struck out former sub- pars. (B) to (D) which read as follows: ‘‘(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 medi- Page 725 TITLE 49—TRANSPORTATION § 24907 ator to assist the Commission members through non- binding mediation to reach an agreement under this section.’’ Subsec. (c)(2). Pub. L. 114–94, § 11305(c)(3), substituted ‘‘policy developed under’’ for ‘‘formula proposed in’’, ‘‘paragraph (1)(D) or fail to comply with the policy thereafter, the Surface Transportation Board shall’’ for ‘‘the timetable, the Commission shall petition the Sur- face Transportation Board to’’, and ‘‘for such usage in accordance with the procedures and procedural sched- ule applicable to a proceeding under section 24903(c), after taking into consideration the policy developed under paragraph (1)(A), as applicable’’ for ‘‘amounts for such services in accordance with section 24904(c) of this title’’. Subsec. (c)(3). Pub. L. 114–94, § 11305(c)(4), substituted ‘‘policy’’ for ‘‘formula’’. Subsec. (c)(4). Pub. L. 114–94, § 11305(c)(5), added par. (4). Subsec. (d). Pub. L. 114–94, § 11305(d)(1)(E), substituted ‘‘to the Secretary for the use of the Commission and the Northeast Corridor Safety Committee’’ for ‘‘to the Commission’’ and ‘‘to carry out this section during fis- cal years 2016 through 2020, in addition to any amounts withheld under section 11101(g) of the Passenger Rail Reform and Investment Act of 2015’’ for ‘‘for the period encompassing fiscal years 2009 through 2013 to carry out this section’’. Pub. L. 114–94, § 11305(d)(1)(C), (D), redesignated sub- sec. (e) as (d) and struck out former subsec. (d) which related to transmission of statement of goals and rec- ommendations. Subsec. (e). Pub. L. 114–94, § 11305(d)(1)(D), redesig- nated subsec. (f) as (e). Former subsec. (e) redesignated (d). Subsec. (e)(2). Pub. L. 114–94, § 11305(d)(1)(F), sub- stituted ‘‘on the main line and meet annually with the Commission on the topic of Northeast Corridor safety and security.’’ for ‘‘on the main line.’’ Subsec. (f). Pub. L. 114–94, § 11305(d)(1)(D), redesig- nated subsec. (f) as (e). 2008—Pub. L. 110–432 amended section generally. Prior to amendment, section related to Northeast Corridor Coordination Board and Northeast Corridor Safety Committee. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2015 AMENDMENT Amendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees. § 24906. Eliminating highway at-grade crossings (a) PLAN.—In consultation with the States on the main line of the Northeast Corridor, the Secretary of Transportation shall develop a plan not later than September 30, 1993, to eliminate all highway at-grade crossings of the main line by not later than December 31, 1997. The plan may provide that eliminating a crossing is not required if— (1) impracticable or unnecessary; and (2) using the crossing is consistent with con- ditions 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.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 24906(a) ...... 45:650(a), (b). Oct. 30, 1970, Pub. L. 91–518, 84 Stat. 1327, § 811; added Oct. 27, 1992, Pub. L. 102–533, § 2, 106 Stat. 3515. 24906(b) ...... 45:650(c). § 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 Transpor- tation 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 REGULA- TIONS.—The note and agreement under sub- section (a) of this section, and a transaction re- lated to the note or agreement, are exempt from any United States, State, or local law or regula- tion 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 exemp- tions, 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 INDEMNIFICA- TION.—Amtrak, its board of directors, and its in- dividual 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 ap- plies 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 reason- ably incurred in defending a civil action testing the validity of the note, agreement, or trans- action. (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.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 24907(a) ...... 45:854(e). Feb. 5, 1976, Pub. L. 94–210, 90 Stat. 31, § 704(e)–(g); added Oct. 19, 1976, Pub. L. 94–555, § 217(c), 90 Stat. 2627. 24907(b) ...... 45:854(f). 24907(c) ...... 45:854(g). In subsection (a), the words ‘‘In order . . . protect and’’, ‘‘securing such expenditure’’, ‘‘infringe upon or’’, and ‘‘the authority conferred upon the National Rail- road Passenger Corporation by’’ are omitted as surplus. In subsections (b) and (c), the words ‘‘note’’ and ‘‘agreement’’ are substituted for ‘‘agreement, security, or obligation’’ for consistency because the Secretary of