I 

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Emergency Directed 

5 Rail Service Act’’. 

6 SEC. 2. FAILURE OF COMMUTER OPERATIONS. 

7 Section 11123 of title 49, United States Code, is 

8 amended—
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1 (1) in subsection (a)—

2 (A) by inserting ‘‘failure of existing com3 muter rail passenger transportation operations 

4 caused by a cessation of service by the National 

5 Railroad Passenger Corporation,’’ after ‘‘ces6 sation of operations,’’; 

7 (B) by striking ‘‘or’’ at the end of para8 graph (3); 

9 (C) by striking the period at the end of 

10 paragraph (4)(C) and inserting ‘‘; or’’; and 

11 (D) by adding at the end the following new 

12 paragraph: 

13 ‘‘(5) in the case of a failure of existing freight 

14 or commuter rail passenger transportation oper15 ations caused by a cessation of service by the Na16 tional Railroad Passenger Corporation, direct the 

17 continuation of the operations and dispatching, 

18 maintenance, and other necessary infrastructure 

19 functions related to the operations.’’; 

20 (2) in subsection (b)(3)—

21 (A) by striking ‘‘When’’ and inserting ‘‘(A) 

22 Except as provided in subparagraph (B), 

23 when’’; and 

24 (B) by adding at the end the following new 

25 subparagraph: 
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1 ‘‘(B) In the case of a failure of existing freight or 

2 commuter rail passenger transportation operations caused 

3 by a cessation of service by the National Railroad Pas4 senger Corporation, the Board shall provide funding to 

5 fully reimburse the directed service provider for its costs 

6 associated with the activities directed under subsection 

7 (a), including the payment of increased insurance pre8 miums. The Board shall order complete indemnification 

9 against any and all claims associated with the provision 

10 of service to which the directed rail carrier may be ex11 posed.’’; 

12 (3) by adding the following new paragraph at 

13 the end of subsection (c): 

14 ‘‘(4) In the case of a failure of existing freight or 

15 commuter rail passenger transportation operations caused 

16 by cessation of service by the National Railroad Passenger 

17 Corporation, the Board may not direct a rail carrier to 

18 undertake activities under subsection (a) to continue such 

19 operations unless—

20 ‘‘(A) the Board first affirmatively finds that the 

21 rail carrier is operationally capable of conducting the 

22 directed service in a safe and efficient manner; and 

23 ‘‘(B) the funding for such directed service re24 quired by subparagraph (B) of subsection (b)(3) is 

25 provided in advance in appropriations Acts.’’; and 
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1 (4) by adding at the end the following new sub2 sections: 

3 ‘‘(e) For purposes of this section, the National Rail4 road Passenger Corporation and any entity providing com5 muter rail passenger transportation shall be considered 

6 rail carriers subject to the Board’s jurisdiction. 

7 ‘‘(f) For purposes of this section, the term ‘‘com8 muter rail passenger transportation’’ has the meaning 

9 given that term in section 24102(4).’’. 

10 SEC. 3. CONFORMING AMENDMENT. 

11 Section 24301(c) of title 49, United States Code, is 

12 amended by inserting ‘‘11123,’’ after ‘‘except for sec13 tions’’.

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