conforming amendments

conforming amendments Sec. 705. (a) Section 402(a) of the Rail Passenger Service Act (45 U.S.C. 562(a)) is amended by adding at the end thereof the following three new sentences: “Notwithstanding any other provision of this Act, the Corporation may enter into agreements with any other railroads and with any State (or local or regional transportation agency) responsible for providing commuter rail or rail freight services over tracks, rights-of-way, and other facilities acquired by the Corporation pursuant to authority granted by the Regional Rail Reorganization Act of 1973 and the Railroad Revitalization and Regulatory Reform Act of 1976. In the event of a failure to agree, the Commission shall order that rail services continue to be provided, and it shall, consistent with equitable and fair compensation principles, decide, within 180 days after the date of submission of a dispute to the Commission, the proper amount of compensation for the provision of such services. The Commission, in making such a determination, shall consider all relevant factors, and shall not permit cross subsidization among intercity, commuter, and rail freight services.”. (b) Section 601(d)(1) of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 791(d) (1)) is amended to read as follows: 90 STAT. 124 “(d) Northeast Corridor.— (1) Rail properties designated in accordance with section 206(c) (1) (C) of this Act shall be purchased or leased by the National Railroad Passenger Corporation. The Corporation shall negotiate an appropriate sale or lease agreement with the National Railroad Passenger Corporation for the properties designated for transfer pursuant to section 206(c) (1) (C) of this Act (45 U.S.C. 716(c) (1) (C)), which shall take effect on the date of conveyance of such properties to the Corporation.”. (c) Section 403(b) of the Rail Passenger Service Act (45 U.S.C. 563(d)) is amended (1) by inserting “(1)” immediately after “(b)”, and (2) by striking out the second sentence thereof and inserting in lieu thereof the following: “The Corporation shall institute such service under an agreement if the State, regional, or local agency agrees to reimburse the Corporation for 50 percent of total operating losses and associated capital costs of such service if service can be provided with the resources available to the Corporation and if it is consistent with the following requirements: “(A) The State or agency must make an adequate assurance to the Corporation that it has sufficient resources to meet its share of the costs of such service for the period such service is to be provided under this section. “(B) The State or agency has conducted a market analysis acceptable to the Corporation to insure that there is adequate demand to warrant such service. An agreement made pursuant to this section may by mutual agreement be renewed for one or more additional terms of not more than 2 years. “(2) If more than one application is made for service and all applications are consistent with the requirements of this subsection, but all the services applied for cannot be provided with the available resources of the Corporation, the Board of Directors shall decide in its discretion which application or applications best serve the public interest and can be provided with the available resources of the Corporation, except that a proposal for State support of a service deleted from the basic system shall lie given preference. “(3) The Board of Directors shall establish the basis for determining the total costs and the total revenue of the service provided pursuant to this subsection.”. (d) Section 404(b) (4) of the Rail Passenger Service Act (45 U.S.C. 564(b)) is amended by striking out the first sentence thereof and inserting in lieu thereof the following: “For purposes of paragraph (3) of this subsection, the reasonable portion of such losses to be assumed by the State, regional, or local agency shall be equal to 50 percent of the total operating losses and associated capital costs of such service.”. (e) Section 306 of the Rail Passenger Service Act (45 U.S.C. 546) is amended by adding at the end thereof the following new subsection: “(i) The provisions of section 361 of the Public Health Service Act (42 U.S.C. 264) shall not apply to railroad conveyances operated in intercity rail passenger service.”. (f) Section 303(a) (5) of the Rail Passenger Service Act (45 U.S.C. 543(a)(5)) is amended by (1) striking out “for each meeting of the board he attends.” and inserting in lieu thereof “per diem when engaged in the actual performance of duties.”, and (2) inserting “, secretarial or professional staff support which is reasonably required” immediately after “necessary travel”. 90 STAT. 125 (g) Section 305(d) (1) (B) of the Rail Passenger Service Act (45 U.S.C. 545(d) (1) (B) is amended by striking out “for the construction of tracks or other facilities necessary to provide”. (h) Section 402(d)(1) of the Rail Passenger Service Act (45 U.S.C. 562(d)(1)) is amended by striking out “the construction of tracks or other facilities necessary to provide”. (i) Section 403(c) of the Rail Passenger Service Act (45 U.S.C. 563(c)) is amended by adding the following sentence at the end thereof: “After January 1, 1977, all route additions shall be in accordance with the Criteria and Procedures for Making Route and Service Decisions approved by the Congress pursuant to section 404(c)(3), and this subsection shall no longer apply to route additions.”.