118 STAT. 303 PUBLIC LAW 108–199—JAN. 23, 2004 (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 pro vider for its costs associated with the activities directed under subsection (a), including the payment of increased insurance pre miums. 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 Pas senger Corporation and any entity providing commuter rail pas senger transportation shall be considered rail carriers subject to the Board’s jurisdiction. ‘‘(f) For purposes of this section, the term ‘commuter rail pas senger 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’’. SEC. 151. For the purpose of assisting State supported intercity rail service, in order to demonstrate whether competition will pro vide higher quality rail passenger service at reasonable prices, the Secretary of Transportation, working with affected States, shall develop and implement a procedure for fair competitive bidding by Amtrak and non Amtrak operators for State supported routes: Provided, That in the event a State desires to select or selects a non Amtrak operator for the route, the State may make an agreement with Amtrak to use facilities and equipment of, or have services provided by, Amtrak under terms agreed to by the State and Amtrak to enable the non Amtrak operator to provide the State supported service: Provided further, That if the parties cannot agree on terms, the Secretary shall, as a condition of receipt of Federal grant funds, order that the facilities and equipment be made available and the services be provided by Amtrak under reasonable terms and compensation: Provided further, That when prescribing reasonable compensation to Amtrak, the Secretary shall consider quality of service as a major factor when determining whether, and the extent to which, the amount of compensation shall be greater than the incremental costs of using the facilities and providing the services: Provided further, That the Secretary Procedures. 49 USC 24101 note.
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