[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3163 Introduced in House (IH)]







106th CONGRESS
  1st Session
                                H. R. 3163

 To authorize appropriations for the Surface Transportation Board for 
          fiscal years 2000 and 2001, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 28, 1999

Mr. Shuster (for himself, Mr. Oberstar, Mr. Petri, and Mr. Rahall) (all 
 by request) introduced the following bill; which was referred to the 
             Committee on Transportation and Infrastructure

_______________________________________________________________________

                                 A BILL


 
 To authorize appropriations for the Surface Transportation Board for 
          fiscal years 2000 and 2001, 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 ``Surface Transportation Board 
Reauthorization Act of 1999''.

SEC. 2. AUTHORIZATION OF APPROPRIATIONS.

    The text of section 705 of title 49, United States Code, is amended 
to read as follows:
    ``(a) Authorizations.--There are authorized to be appropriated for 
the activities of the Board such sums as may be necessary for fiscal 
year 2001.
    ``(b) User Fees and Charges.--Beginning in fiscal year 2000, the 
Board is authorized to assess and collect fees and annual charges in 
each fiscal year in amounts equal to all of the costs incurred by the 
Board in that fiscal year. Fees and charges assessed by the Board shall 
be computed on the basis of methods that the Board determines, by rule, 
to be fair and equitable. Fees authorized under this section shall be 
collected and be available for obligation only to the extent and in the 
amount provided for in advance in appropriation acts. Such fees are 
authorized to be appropriated to remain available until expended.''.

SEC. 3. SMALL SHIPMENTS.

    Section 10701(d) of title 49, United States Code, is amended by 
adding a new paragraph (4) at the end to read as follows:
    ``(4) The simplified and expedited method for determining the rate 
reasonableness in the non-coal rate guidelines proceeding developed by 
the Board under paragraph (3) shall be used by the Board in considering 
a challenged rate if the shipper challenging the rate has incurred 
shipping costs of not more than $500,000 under that rate for the 12-
month period immediately preceding the date on which a rate challenge 
is filed with the Board. The Board shall also use the simplified 
procedure in any other rate challenge as it deems appropriate.''.

SEC. 4. REVENUE ADEQUACY.

    (a) Section 10101(3) of title 49, United States Code, is amended by 
striking ``, as determined by the Board''.
    (b) Section 10701(d)(2) of title 49, United States Code, is amended 
by striking ``recognizing the policy'' and all that follows through 
``title.'' and inserting ``recognizing the policy that rail carriers 
shall earn adequate revenues.''.
    (c) Section 10704(a) of title 49, United States Code, is amended 
by--
            (1) striking paragraphs (2) and (3); and
            (2) redesignating subsection (a)(1) as subsection (a).

SEC. 5. RATE AGREEMENTS.

    Title 49, United States Code, is amended by striking section 10706, 
and striking the corresponding item in the analysis of chapter 107: 
Provided, however, That agreements approved by the Board under section 
10706 that are currently in effect shall terminate on the termination 
date originally established by the Board or 2 years after the date of 
enactment of this section, whichever occurs first.

SEC. 6. RECIPROCAL SWITCHING.

    Section 11102(c)(1) of title 49, United States Code, is amended--
            (1) by striking ``may'' in the first sentence and inserting 
        ``shall'';
            (2) by inserting after the first sentence the following: 
        ``In making this determination, the Board shall not require 
        evidence of anticompetitive conduct by the rail carrier from 
        which access is sought.''; and
            (3) by striking ``may establish such conditions and 
        compensation'' in the last sentence and inserting ``shall, 
        through an arbitration process, establish reasonable conditions 
        and compensation which will facilitate the use of such 
        switching agreements''.

SEC. 7. SERVICE ORDERS.

    Section 11123(c)(1) of title 49, United States Code, is amended by 
striking ``240'' and inserting ``335''.

SEC. 8. MERGER AUTHORITY.

    (a) Section 11321 is amended by--
            (1) striking subsection (a) and inserting a new subsection 
        (a) to read as follows:
    ``(a) The authority of the Board under this subchapter is 
exclusive. A rail carrier or corporation participating in or resulting 
from a transaction approved by, or exempted by, the Board under this 
subchapter may carry out the transaction, own, and operate property, 
and exercise control of franchises acquired through the transaction 
without the approval of a State authority. Except as otherwise 
provided, a rail carrier, corporation, or person participating in that 
approved or exempted transaction is exempt from all other laws as 
necessary to let that rail carrier, corporation, or person carry out 
the transaction, hold, maintain, and operate property, and exercise 
control or franchises acquired through the transaction. This section 
does not, however, exempt a transaction from Federal labor, safety, 
health, and antitrust laws, nor from State and municipal laws that are 
not otherwise preempted under Federal law and that deal with labor, 
employment, employee safety, or railroad safety. If an exemption from 
any other laws is necessary it may be no broader than required to 
enable the transaction to be effected. However, if a purchase and sale, 
a lease, or a corporate consolidation or merger is involved in the 
transaction, the carrier or corporation may carry out the transaction 
only with the assent of a majority, or the number required under 
applicable State law, of the votes of the holders of the capital stock 
of that corporation entitled to vote. The vote must occur at a regular 
meeting, or special meeting called for that purpose, of those 
stockholders and the notice of the meeting must indicate its 
purpose.''; and
            (2) adding a new subsection (c) to read as follows:
    ``(c) The Board shall not, under any circumstances, have the 
authority under this subchapter to break, modify, alter, override or 
abrogate, in whole or in part, any or all provisions in any collective 
bargaining agreements or implementing agreements made between the rail 
carrier and authorized representatives of its employees under the 
Railway Labor Act or to provide such authority to any other person, 
carrier, or corporation.''.
    (b) Section 11322(a) of title 49, United States Code, is amended by 
striking ``earnings--'' and all that follows through ``competition.'' 
and inserting ``earnings will be in the interest of better service to 
the public or of economy of operation.''.
    (c) Section 11324 of title 49, United States Code, is amended--
            (1) in subsection (b) by--
                    (A) striking ``transaction;'' and inserting 
                ``transaction; and'' in paragraph (3);
                    (B) striking ``; and'' in paragraph (4), and 
                inserting a period; and
                    (C) striking paragraph (5);
            (2) in subsection (c) by striking the third sentence;
            (3) by striking subsection (d); and
            (4) by redesignating subsections (e) and (f) as subsections 
        (d) and (e).

SEC. 9. EMPLOYEE IMPLEMENTING AGREEMENTS IN RAILROAD CONSOLIDATIONS.

    Section 11326 of title 49, United States Code, is amended by 
striking subsection (a) and inserting a new subsection (a) to read as 
follows:
    ``(a)(1) Except as otherwise provided in this section, when 
approval is sought for a transaction under sections 11324 and 11325 of 
this title, the Board shall require the rail carrier to provide a fair 
arrangement at least as protective of the interests of employees who 
are affected by the transaction as the terms imposed under section 
11347 of this title as in effect before December 29, 1995. The 
arrangement and the order approving the transaction must require that--
            ``(A) the employees of the affected rail carrier will not 
        be in a worse position related to their employment as a result 
        of the transaction during the 6 years following the date the 
        employees are adversely affected by an action taken by the 
        affected rail carrier as a result of the transaction (or if an 
        employee was employed for a lesser period of time by the rail 
        carrier before the action became effective, for that lesser 
        period); and
            ``(B) the rail carrier and the authorized representatives 
        of the rail carrier's employees shall negotiate under the 
        Railway Labor Act any arrangement regarding the selection of 
        forces or assignment of employees caused by the Board's order 
        of approval under section 11324 or 11325 of this subchapter. 
        Arbitration of the proposed arrangement may only occur if both 
        parties agree to that process. The Board shall not intervene in 
        such negotiations or arbitration unless requested to do so by 
        both parties. The Board shall not, under any circumstances, 
        have the authority under this subchapter to break, modify, 
        alter, override, or abrogate, in whole or in part, any or all 
        provisions in any collective bargaining agreements or 
        implementing agreements made between the rail carrier and 
        authorized representatives of its employees under the Railway 
        Labor Act or to provide such authority to any other person, 
        carrier, or corporation.
    ``(2) The provisions of this subsection shall be applicable, 
effective on the date of enactment of the Surface Transportation Board 
Reauthorization Act of 1999, to any transactions proposed by rail 
carriers under conditions previously imposed by the former Interstate 
Commerce Commission or the Surface Transportation Board under this 
section or former section 11347 of this title or 5(2)(f) of the 
Interstate Commerce Act.''.

SEC. 10. COLLECTIVE MOTOR CARRIER ACTIVITIES.

    (a) Title 49, United States Code, is amended by striking section 
13703, and striking the corresponding item in the analysis of chapter 
137.
    (b) Section 13907 of title 49, United States Code, is amended by 
striking subsection (d) and redesignating subsection (e) as subsection 
(d).
    (c) Title 49, United States Code, is amended by striking section 
14302, and striking the corresponding item in the analysis of chapter 
143.
    (d) The Federal Trade Commission Act (15 U.S.C. 41 et seq.) is 
amended--
            (1) in section 5(a)(2) by striking ``common carriers 
        subject to the Acts to regulate commerce'' and inserting 
        ``common carriers subject to the Communications Act of 1934 (47 
        U.S.C. 609 et seq.) or Acts amendatory thereof or supplementary 
        thereof''; and
            (2) in section 6 by striking ``common carriers subject to 
        the Act to regulate commerce'' each place it appears and 
        inserting ``common carriers described in section 5(a)(2)''.

SEC. 11. MOTOR CARRIER CONSOLIDATIONS AND MERGERS.

    (a) Section 14303(f) of title 49, United States Code, is amended by 
striking from the second sentence ``the antitrust laws and from all 
other law, including State and municipal laws,'' and inserting in lieu 
thereof ``State and municipal laws, and from all other law except the 
antitrust laws, as defined in the first section of the Clayton Act (15 
U.S.C. 12)''.
    (b) The Clayton Act (15 U.S.C. 12 et seq.) is amended--
            (1) in section 7--
                    (A) in the first and second paragraphs, by striking 
                ``or'' immediately after ``stock'' and inserting a 
                comma, and by striking ``and no person subject to the 
                jurisdiction of the Federal Trade Commission shall 
                acquire the whole or any part of the'' and inserting 
                ``or'';
                    (B) by striking the fourth paragraph; and
                    (C) in the final paragraph, by striking ``Surface 
                Transportation Board,'';
            (2) in section 11(a) by--
                    (A) striking ``in the Surface Transportation Board 
                where applicable to common carriers subject to 
                jurisdiction under subtitle IV of title 49, United 
                States Code;'' and
                    (B) striking ``, Board,'' in the caption; and
            (3) in section 16 by striking ``issue: Provided, That'' and 
        all that follows through ``title 49, United States Code.'' and 
        inserting ``issue.''.

SEC. 12. STUDY OF RAIL INDUSTRY SINCE THE STAGGERS ACT.

    (a) Study.--(1) There is authorized to be appropriated to the 
Secretary of Transportation such sums as may be necessary for fiscal 
years 2000 and 2001 to conduct a comprehensive analysis to determine--
            (A) the changes in the rail industry cost structure and 
        related financial condition since enactment of the Staggers 
        Rail Act of 1980;
            (B) the effectiveness of the regulatory structure that has 
        governed the industry since enactment of the ICC Termination 
        Act of 1995; and
            (C) the potential impact on railroad rates, operation, 
        financial condition, and efficiency of service delivery under 
        various competitive access scenarios.
    (2) The analysis shall assess--
            (A) the scope of the changes in the rail industry, 
        including the effect of mergers and development of regional and 
        short line railroads on competitive access and rates;
            (B) service to small and captive shippers;
            (C) the financial health of the industry;
            (D) the adequacy of capital investment;
            (E) the location of system capacity constraints;
            (F) the impact of other economic changes, such as electric 
        utility deregulation;
            (G) the adequacy and appropriateness of the existing 
        regulatory structure and procedures, with particular emphasis 
        on identifying additional alternate, less costly means to seek 
        regulatory relief or solve disputes;
            (H) the potential impact on railroads and shippers that may 
        result from imposing various competitive access proposals; and
            (I) the Canadian experience with reciprocal switching.
    (b) Consultation.--In conducting the study under subsection (a), 
the Secretary shall consult with the Surface Transportation Board, the 
Department of Agriculture, the Department of Justice, the Council of 
Economic Advisors, and the National Economic Council.
    (c) Report.--The Secretary shall complete the study required by 
subsection (a) and report the findings of the study to Congress within 
1 year of the date of enactment of this section.

SEC. 13. TITLE 49 TECHNICAL CORRECTIONS.

    (a) Reference to Title 49 U.S.C.--Except as otherwise provided, a 
reference in this section to an amendment to, or a repeal of, a section 
or other provision is deemed to be a reference to a section or other 
provision of title 49, United States Code.
    (b) Repeal of 49 U.S.C. 307.--(1) Section 307 (Safety information 
and intervention in Interstate Commerce Commission proceedings), is 
repealed.
    (2) Strike item 307 in the analysis of chapter 3.
    (c) Correction of Obsolete Reference to ICC.--Subsections (d)(1)(C) 
and (e) of section 333 (Responsibility for rail transportation 
unification and coordination projects) are amended by striking 
``Interstate Commerce Commission'' and ``Commission'' each place the 
words appear and inserting ``Surface Transportation Board'' and 
``Board'', respectively.
    (d) Correction of Chapter 53 Analysis.--The analysis for chapter 53 
is amended by striking items 5310 and 5311 and inserting the following:

``5310. Formula grants and loans for special needs of elderly 
                            individuals and individuals with 
                            disabilities.
``5311. Formula grants for other than urbanized areas.''.
    (e) Conforming Singular and Plural Forms of Term.--Section 5303 
(Metropolitan planning) is amended by striking ``long-range plan'' each 
place the words appear and inserting ``long-range transportation 
plan''.
    (f) Redesignation of Duplicate Provision.-- Effective June 9, 1998, 
section 3009 of the Transportation Equity Act for the 21st Century (112 
Stat. 356) is amended as follows:
            (1) In subsection (i), strike ``adding at the end the 
        following'' and insert ``redesignating subsection (o) as 
        subsection (q) and inserting a new subsection (o) as follows''.
            (2) In subsection (j), strike ``adding at the end the 
        following'' and insert ``adding after subsection (o) (as added 
        by this section) the following''.
    (g) Redesignation of Duplicate Provision.--(1) Effective June 9, 
1998, subsection (e) of section 5337 (as added by section 3028(b) of 
the Transportation Equity Act for the 21st Century (112 Stat. 367) is 
redesignated as subsection (f) of section 5337.
    (h) Punctuation Correction.--Section 5338(h)(5) is amended by 
striking ``1999'', ``2000'', ``2001'', ``2002'', and ``2003'', and 
inserting ``1999,'', ``2000,'', ``2001,'', ``2002,'', and ``2003,'', 
respectively.
    (i) Deletion of Obsolete Reference.--Sections 5313(b) and 5314(a) 
are each amended by striking ``5315, 5317, and 5322'' and inserting 
``5315, and 5322''.
    (j) Correction of Case.--Section 5903(a) is amended by striking 
``person, To whom'' and inserting ``person, to whom''.
    (k) Correction of Cross Reference.--Section 10903(b)(2) is amended 
by striking ``24706(c) of this title'' and inserting ``24706(c) of this 
title before May 31, 1998''.
    (l) Clarification of Wording.--Section 13541(a) is amended by 
striking ``finds that'' and all that follows, and inserting ``finds 
that the exemption is in the public interest and that the application 
of that provision--
            ``(1) is not necessary to carry out the transportation 
        policy of section 13101; and
            ``(2) is not needed to protect shippers from the abuse of 
        market power or that the transaction or service is of limited 
        scope.''.
    (m) Correction of Placement of Provision.--(1) Section 14704 
(Rights and remedies of persons injured by carriers or brokers) is 
amended as follows:
            (A) In subsection (a)--
                    (i) strike ``In General.--'' and all that follows 
                through ``injured'' and insert ``Enforcement of 
                Order.--A person injured''; and
                    (ii) move paragraph (2) to the end of subsection 
                (b).
            (B) In subsection (b), strike ``Liability and Damages'' and 
        all that follows through ``A carrier'' and insert ``Liability 
        and Damages.--(1) A carrier''.
    (2) Section 14705(c) is amended by striking ``14704(b)'' and 
inserting ``14704(b)(2)''.
    (n) Correction of Obsolete References to ICC.--(1) Subsection 
(b)(3) of section 24307 (Special transportation) is amended by striking 
``Interstate Commerce Commission'' and inserting ``Surface 
Transportation Board''.
    (2) Section 24308 (Use of facilities and providing services to 
Amtrak) is amended by striking ``Interstate Commerce Commission'' and 
``Commission'' each place the words appear and inserting ``Surface 
Transportation Board'' and ``Board'', respectively.
    (3) Section 24311 (Acquiring interests in property by eminent 
domain) is amended by striking ``Interstate Commerce Commission'' and 
``Commission'' each place the words appear and inserting ``Surface 
Transportation Board'' and ``Board'', respectively.
    (4) Section 24902 (Goals and requirements) is amended by striking 
``Interstate Commerce Commission'' and ``Commission'' each place the 
words appear and inserting ``Surface Transportation Board'' and 
``Board'', respectively.
    (5) Section 24904 (General authority) is amended by striking 
``Interstate Commerce Commission'' and ``Commission'' each place the 
words appear and inserting ``Surface Transportation Board'' and 
``Board'', respectively.
    (o) Deletion of Obsolete Provision.--Section 31112(d) is amended by 
striking paragraph (4).
    (p) Deletion of Obsolete Reference.--Section 31132(7) (definition 
of ``State'') is amended by striking ``31136 and 31140-31142'' and 
inserting ``31136, 31141, and 31142''.
    (q) Deletion of Obsolete Reference.--Section 31304(2) is amended by 
striking ``(except as allowed under section 31302 of this title)''.

SEC. 14. CORRECTIONS TO ICC REFERENCES IN CERTAIN LAWS OF THE UNITED 
              STATES.

    (a) Section 316 of the Packers and Stockyards Act, 1921 (7 U.S.C. 
217), is amended by striking ``Interstate Commerce Commission'' and 
inserting ``Surface Transportation Board''.
    (b) Section 406(a) of the Packers and Stockyards Act, 1921 (7 
U.S.C. 226), is amended by striking ``Interstate Commerce Commission'' 
and ``commission'' and inserting ``Surface Transportation Board'' and 
``Board'', respectively.
    (c) Section 11 of the Perishable Agricultural Commodities Act, 1930 
(7 U.S.C. 499k), is amended by striking ``Interstate Commerce 
Commission'' and inserting ``Surface Transportation Board''.
    (d) Section 203(j) of the Act of August 14, 1946 (relating to the 
distribution and marketing of agricultural products) (60 Stat 1082, 
1087) (7 U.S.C. 1622(j)), is amended by striking ``Interstate Commerce 
Commission'' and inserting ``Surface Transportation Board''.
    (e) Section 1110(a)(2)(B) of title 11, United States Code, is 
amended by striking ``a water carrier that holds a certificate of 
public convenience and necessity or permit issued by the Interstate 
Commerce Commission'' and inserting ``a water carrier that held, on 
December 31, 1995, a certificate of public convenience and necessity or 
permit issued by the Interstate Commerce Commission (or a water carrier 
that would have been required to obtain such a certificate or permit 
under the law in effect on that date)''.
    (f)(1) Section 1398 of title 28, United States Code, is amended--
            (A) by striking the section heading and inserting--
``Sec. 1398. Surface Transportation Board's orders''; and
            (B) in subsection (b), by striking ``Interstate Commerce 
        Commission'' and inserting ``Surface Transportation Board''.
    (2) The analysis for chapter 87 of title 28, United States Code, is 
amended by striking item 1398 and inserting the following:

``1398. Surface Transportation Board's orders.''.
    (g) Section 1108(f) of title 31, United States Code, is amended by 
striking ``Interstate Commerce Commission'' and ``Commission'' and 
inserting ``Surface Transportation Board'' and ``Board'', respectively.
    (h) Section 3(a)(2) of Public Law 91-621 (33 U.S.C. 857-3) is 
amended by striking ``Interstate Commerce Commission'' and inserting 
``Surface Transportation Board''.
                                 <all>