[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2712 Introduced in House (IH)]







108th CONGRESS
  1st Session
                                H. R. 2712

 To authorize the Surface Transportation Board to direct the continued 
operation of certain commuter rail passenger transportation operations 
            in emergency situations, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 10, 2003

    Mr. Young of Alaska (for himself and Mr. Quinn) introduced the 
 following bill; which was referred to the Committee on Transportation 
                           and Infrastructure

_______________________________________________________________________

                                 A BILL


 
 To authorize the Surface Transportation Board to direct the continued 
operation of certain commuter rail passenger transportation operations 
            in emergency situations, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Emergency Directed Rail Service 
Act''.

SEC. 2. FAILURE OF COMMUTER OPERATIONS.

    Section 11123 of title 49, United States Code, is amended--
            (1) in subsection (a)--
                    (A) by inserting ``failure of existing commuter 
                rail passenger transportation operations caused by a 
                cessation of service by the National Railroad Passenger 
                Corporation,'' after ``cessation of operations,'';
                    (B) by striking ``or'' at the end of paragraph (3);
                    (C) by striking the period at the end of paragraph 
                (4)(C) and inserting ``; or''; and
                    (D) by adding at the end the following new 
                paragraph:
            ``(5) in the case of a failure of existing freight or 
        commuter rail passenger transportation operations caused by a 
        cessation of service by the National Railroad Passenger 
        Corporation, direct the continuation of the operations and 
        dispatching, maintenance, and other necessary infrastructure 
        functions related to the operations.'';
            (2) in subsection (b)(3)--
                    (A) by striking ``When'' and inserting ``(A) Except 
                as provided in subparagraph (B), when''; and
                    (B) by adding at the end the following new 
                subparagraph:
    ``(B) In the case of a failure of existing freight or commuter rail 
passenger transportation operations caused by a cessation of service by 
the National Railroad Passenger Corporation, the Board shall provide 
funding to fully reimburse the directed service provider for its costs 
associated with the activities directed under subsection (a), including 
the payment of increased insurance premiums. The Board shall order 
complete indemnification against any and all claims associated with the 
provision of service to which the directed rail carrier may be 
exposed.'';
            (3) by adding the following new paragraph at the end of 
        subsection (c):
    ``(4) In the case of a failure of existing freight or commuter rail 
passenger transportation operations caused by cessation of service by 
the National Railroad Passenger Corporation, the Board may not direct a 
rail carrier to undertake activities under subsection (a) to continue 
such operations unless--
            ``(A) the Board first affirmatively finds that the rail 
        carrier is operationally capable of conducting the directed 
        service in a safe and efficient manner; and
            ``(B) the funding for such directed service required by 
        subparagraph (B) of subsection (b)(3) is provided in advance in 
        appropriations Acts.''; and
            (4) by adding at the end the following new subsections:
    ``(e) For purposes of this section, the National Railroad Passenger 
Corporation and any entity providing commuter rail passenger 
transportation shall be considered rail carriers subject to the Board's 
jurisdiction.
    ``(f) For purposes of this section, the term ``commuter rail 
passenger transportation'' has the meaning given that term in section 
24102(4).''.

SEC. 3. CONFORMING AMENDMENT.

    Section 24301(c) of title 49, United States Code, is amended by 
inserting ``11123,'' after ``except for sections''.
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