Pub. L. 108-199, div. F, tit. I, sec. 150

Sec. 150. 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:(1) Section 11123 of title 49, United States Code, is amended—(A) in subsection (a)—(i) 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,”;(ii) by striking “or” at the end of paragraph (3);(iii) by striking the period at the end of paragraph (4)(C) and inserting “; or”; and(iv) 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.”;(B) in subsection (b)(3)—118 STAT. 303(i) by striking “When” and inserting “(A) Except as provided in subparagraph (B), when”; and(ii) 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.”;(C) 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(D) 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).”.(2) Section 24301(c) of title 49, United States Code, is amended by inserting “11123,” after “except for sections”.