[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8649 Introduced in House (IH)]

<DOC>






117th CONGRESS
  2d Session
                                H. R. 8649

To create a fair market in freight rail and to reauthorize the Surface 
             Transportation Board, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             August 2, 2022

 Mr. Payne (for himself, Mr. DeFazio, Mr. David Scott of Georgia, and 
  Mr. Costa) introduced the following bill; which was referred to the 
             Committee on Transportation and Infrastructure

_______________________________________________________________________

                                 A BILL


 
To create a fair market in freight rail and to reauthorize the Surface 
             Transportation Board, 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Freight Rail 
Shipping Fair Market Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
                   TITLE I--ADMINISTRATIVE PROVISIONS

Sec. 101. Authorization of appropriations.
Sec. 102. Railroad-Shipper Transportation Advisory Council.
Sec. 103. Rail transportation policy.
Sec. 104. General definitions.
Sec. 105. Updated study on competition in the United States freight 
                            railroad industry.
Sec. 106. NAS study on environmental benefits of a robust rail system.
                       TITLE II--SERVICE DELIVERY

Sec. 201. 10-year review of commodity exemptions.
Sec. 202. Streamlining rate reviews to provide competitive rail 
                            service.
Sec. 203. Service delivery standards in contracts.
Sec. 204. Leveling the playing field on demurrage charges.
Sec. 205. Minimum service delivery standards for common carrier 
                            transportation, service, and rates.
Sec. 206. Updating STB emergency powers.
Sec. 207. Support for freight car GPS and other telemetry systems.
Sec. 208. Study on short line railroad access to multiple Class I 
                            railroads.
Sec. 209. Study on supply chain data constraints that impede the flow 
                            of freight.
Sec. 210. Rate protection during emergencies.
Sec. 211. Updated fines.
                       TITLE III--PASSENGER RAIL

Sec. 301. Passenger-Freight Rail Transportation Advisory Council.
Sec. 302. Passenger rail considerations in transactions involving rail 
                            carriers.

                   TITLE I--ADMINISTRATIVE PROVISIONS

SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

    Section 1305 of title 49, United States Code, is amended to read as 
follows:
``Sec. 1305. Authorization of appropriations
    ``(a) In General.--There are authorized to be appropriated for the 
activities of the Board--
            ``(1) $48,000,000 for fiscal year 2023;
            ``(2) $50,250,000 for fiscal year 2024;
            ``(3) $50,000,000 for fiscal year 2025;
            ``(4) $52,500,000 for fiscal year 2026; and
            ``(5) $55,000,000 for fiscal year 2027.
    ``(b) Set-Aside for Passenger Rail Program.--From the amounts 
authorized in subsection (a), the Surface Transportation Board shall 
set aside at least 5 percent of such amounts for each fiscal year 
consistent with the passenger rail program established under section 
22309 of the Passenger Rail Expansion and Rail Safety Act of 2021 (49 
U.S.C. 1301 note).
    ``(c) Set-Aside for Studies.--From the amounts authorized in 
subsection (a), the Surface Transportation Board shall set aside up to 
$1,000,000 for each of fiscal years 2023 and 2024 for each study 
authorized in sections 105, 106, and 210.''.

SEC. 102. RAILROAD-SHIPPER TRANSPORTATION ADVISORY COUNCIL.

    Section 1325(a) of title 49, United States Code, is amended--
            (1) by striking ``19 members, of which 15 members'' and 
        inserting ``24 members, of which 18 members''; and
            (2) in paragraph (3)--
                    (A) by striking ``6 members'' and inserting ``9 
                members'';
                    (B) in subparagraph (A) by striking ``and'' at the 
                end;
                    (C) in subparagraph (B) by striking the period and 
                inserting a semicolon; and
                    (D) by adding at the end the following:
                    ``(C) 1 shall be a representative of a nonprofit 
                employee organization;
                    ``(D) 1 shall be a representative of a rail car 
                lessor; and
                    ``(E) 1 shall be a representative of a port 
                authority.''.

SEC. 103. RAIL TRANSPORTATION POLICY.

    Section 10101 of title 49, United States Code, is amended to read 
as follows:
``Sec. 10101. Rail transportation policy
    ``In regulating the freight and intercity passenger railroad 
industry, it is the policy of the United States Government--
            ``(1) to allow, to the maximum extent possible, competition 
        and the demand for services to establish reasonable rates for 
        transportation by rail;
            ``(2) to minimize the need for Federal regulatory control 
        over the rail transportation system and to require fair and 
        expeditious regulatory decisions when regulation is required;
            ``(3) to promote a safe and efficient rail transportation 
        system by allowing rail carriers to earn adequate revenues, as 
        determined by the Board;
            ``(4) to ensure the development and continuation of a sound 
        freight and passenger rail transportation system with effective 
        competition among rail carriers and with other modes, to meet 
        the needs of the public and the national defense;
            ``(5) to preserve and improve passenger rail service;
            ``(6) to foster sound economic conditions in transportation 
        and to ensure effective competition and coordination between 
        rail carriers and other modes;
            ``(7) to maintain reasonable rates where there is an 
        absence of effective competition and where rail rates provide 
        revenues which exceed the amount necessary to maintain the rail 
        system and to attract capital;
            ``(8) to reduce regulatory barriers to entry into and exit 
        from the industry;
            ``(9) to operate transportation facilities and equipment 
        without detriment to the public health and safety;
            ``(10) to encourage honest and efficient management of 
        railroads;
            ``(11) to require rail carriers, to the maximum extent 
        practicable, to rely on individual rate increases, and to limit 
        the use of increases of general applicability;
            ``(12) to encourage fair wages and safe and suitable 
        working conditions in the railroad industry;
            ``(13) to prohibit predatory pricing and practices, to 
        avoid undue concentrations of market power, and to prohibit 
        unlawful discrimination;
            ``(14) to ensure the availability of accurate cost 
        information in regulatory proceedings, while minimizing the 
        burden on rail carriers of developing and maintaining the 
        capability of providing such information;
            ``(15) to encourage and promote energy conservation;
            ``(16) to provide for the expeditious handling and 
        resolution of all proceedings required or permitted to be 
        brought under this part; and
            ``(17) to promote freight and passenger rail growth and to 
        resolve conflicts between freight and passenger rail.''.

SEC. 104. GENERAL DEFINITIONS.

    Section 10102 of title 49, United States Code, is amended--
            (1) by redesignating paragraphs (4), (5), (6), (7), (8), 
        (9), and (10) as paragraphs (5), (6), (7), (8), (9), (10), and 
        (11), respectively;
            (2) by inserting after paragraph (3) the following:
            ``(4) `essential commodities' includes--
                    ``(A) shipments to and from military installations;
                    ``(B) materials necessary for clean water 
                treatment; and
                    ``(C) energy commodities necessary for energy 
                reliability;''; and
            (3) in paragraph (7), as so redesignated--
                    (A) in subparagraph (B) by striking ``and'' at the 
                end;
                    (B) in subparagraph (C) by striking the semicolon 
                and inserting ``; and''; and
                    (C) by adding at the end the following:
                    ``(D) any form of nonhighway interstate ground 
                transportation that runs on rails or electromagnetic 
                guideways, including high speed ground transportation 
                systems that connect metropolitan areas, without regard 
                to whether such systems use new technologies not 
                associated with traditional railroads;''.

SEC. 105. UPDATED STUDY ON COMPETITION IN THE UNITED STATES FREIGHT 
              RAILROAD INDUSTRY.

    (a) Updated Study.--The Surface Transportation Board shall review 
and update the study included in the final report published in January, 
2010, titled ``An Update to the Study of Competition in the U.S. 
Freight Railroad Industry''.
    (b) Scope of Study.--In carrying out the review under subsection 
(a), the Board shall refine the scope of the updated study, as 
appropriate.
    (c) Report.--Not later than 2 years after the date of enactment of 
this Act, the Board shall submit to the Committee on Transportation and 
Infrastructure of the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate the study required 
under subsection (a).

SEC. 106. NAS STUDY ON ENVIRONMENTAL BENEFITS OF A ROBUST RAIL SYSTEM.

    (a) Study.--The Surface Transportation Board shall seek to enter 
into a contract with the National Academies to conduct a study that 
identifies and measures the environmental benefits of moving freight 
and passengers by rail compared to other modes of transportation and 
identify ways the Board can incentivize the rail industry to maximize 
such environmental benefits.
    (b) Report.--Any agreement entered into under subsection (a) shall 
require that the National Academies not later than 2 years after the 
date of enactment of this Act, submit to the Board, the Committee on 
Transportation and Infrastructure of the House of Representatives and 
the Committee on Commerce, Science, and Transportation of the Senate a 
final report containing the study conducted pursuant to subsection (a).

                       TITLE II--SERVICE DELIVERY

SEC. 201. 10-YEAR REVIEW OF COMMODITY EXEMPTIONS.

    Section 10502 of title 49, United States Code, is amended--
            (1) in subsection (a) by striking ``, to the maximum extent 
        consistent with this part,''; and
            (2) by adding at the end the following:
    ``(h)(1) Beginning on the date that is 1 year after the date of 
enactment of the Freight Rail Shipping Fair Market Act, and at least 
once during every 10-year period thereafter, the Board shall review all 
commodity exemptions listed in the regulations of the Board under 
sections 1039 and 1090 of title 49, Code of Federal Regulations, (or 
other commodity exemptions contained in any regulation of the Board) 
issued under this subtitle, make a determination whether the Board 
should revise or revoke each such exemption, and based on such 
determination, revise or revoke each exemption.
    ``(2) Not later than 180 days after the date on which a 
determination to revise or revoke each exemption is made, the Board 
shall submit to the Committee on Transportation and Infrastructure of 
the House of Representatives and the Committee on Commerce, Science, 
and Transportation of the Senate a report containing such 
determination.''.

SEC. 202. STREAMLINING RATE REVIEWS TO PROVIDE COMPETITIVE RAIL 
              SERVICE.

    Section 10704(d) of title 49, United States Code, is amended in 
paragraph (1) by adding at the end the following: ``The Board shall 
review such procedures and identify revisions that could improve the 
timeliness of Board decisions under this chapter taking into account 
due process and differences in geography and, not later than 270 days 
after the date of enactment of the Freight Rail Shipping Fair Market 
Act submit a report to the Committee on Transportation and 
Infrastructure of the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate summarizing the 
findings of such review.''.

SEC. 203. SERVICE DELIVERY STANDARDS IN CONTRACTS.

    Section 10709 of title 49, United States Code, is amended--
            (1) by redesignating subsections (d) through (g) as 
        subsections (e) through (h), respectively;
            (2) by inserting after subsection (c) the following:
    ``(d) Notwithstanding subsection (c), a contract entered into under 
this section shall include service delivery standards and appropriate 
remedies as a result of a failure to meet service delivery standards. 
Such service delivery standards and remedies may not be superseded by 
any other contractual clause.''; and
            (3) in subsection (e)(1), as redesignated by paragraph (1), 
        by inserting ``, including any service delivery standards and 
        requisite remedies,'' before ``for the transportation of 
        agricultural products''.

SEC. 204. LEVELING THE PLAYING FIELD ON DEMURRAGE CHARGES.

    (a) In General.--Section 10746 of title 49, United States Code, is 
amended--
            (1) by striking ``A rail carrier providing'' and inserting 
        the following:
    ``(a) Computation of Rail Carrier Demurrage Charges.--A rail 
carrier providing''; and
            (2) by adding at the end the following:
    ``(b) Computation of Private Rail Car Owner or Lessee Demurrage 
Charges.--A private rail car owner or lessee that transports goods, 
including agricultural commodities and other essential commodities--
            ``(1) shall compute demurrage charges, and establish rules 
        related to those charges, in a way that fulfills the national 
        needs related to--
                    ``(A) freight car use and distribution; and
                    ``(B) the efficient use of private freight cars 
                provided to rail carriers for transportation of 
                property; and
            ``(2) notwithstanding section 10501, shall be subject to 
        the jurisdiction of the Board if such private rail car owner or 
        lessee has provided a rail car to a rail carrier and assessed 
        demurrage charges upon the rail carrier.
    ``(c) Reporting Requirement.--Class I railroad carriers, private 
car owners, and rail car lessees shall electronically, in a format 
prescribed by the Board, report demurrage charges assessed under this 
section to the Board on a quarterly basis and the Board shall make any 
information reported under this subsection publicly available.''.
    (b) Rulemaking Deadline for Demurrage.--
            (1) Rulemaking.--Not later than 2 years after the date of 
        enactment of this Act, the Surface Transportation Board shall 
        complete a rulemaking to implement section 10746 of title 49, 
        United States Code, as amended by this section.
            (2) Consultation.--In carrying out the rulemaking under 
        subsection (a), the Board shall consult with the Federal Energy 
        Regulatory Commission, the Secretary of Agriculture, the 
        Administrator of the Environmental Protection Agency, and the 
        heads of other applicable Federal agencies to determine 
        essential commodities.
    (c) Applicability.--The amendments made by this section shall apply 
to any demurrage occurring after the effective date of the rulemaking 
completed under subsection (b).

SEC. 205. MINIMUM SERVICE DELIVERY STANDARDS FOR COMMON CARRIER 
              TRANSPORTATION, SERVICE, AND RATES.

    Section 11101 of title 49, United States Code, is amended--
            (1) in subsection (a)--
                    (A) by striking ``A rail carrier'' and inserting 
                the following: ``(1) A rail carrier'';
                    (B) by inserting ``, in a manner that provides 
                timely, efficient, and reliable rail service that 
                fulfills the shipper's reasonable service 
                requirements'' after ``on reasonable request''; and
                    (C) by adding at the end the following:
    ``(2) In determining whether a rail carrier has met the obligations 
of this section with respect to the provision of transportation or 
services on reasonable request, the Board shall consider--
            ``(A) the effects of changes in the frequency of 
        transportation or service, and the availability and maintenance 
        of reasonable local service schedules and delivery windows, on 
        the provision of reasonable transportation service to the 
        person requesting service;
            ``(B) the effects of reduction in employment levels, 
        including--
                    ``(i) clerical, customer service, maintenance, 
                dispatch, yard, and train and engine service employees;
                    ``(ii) changes in train or yard crew availability; 
                and
                    ``(iii) the consolidation or shifting of crews 
                across or within service territories;
            ``(C) the effects of rail carrier reduction in equipment 
        and the availability of equipment, maintenance of equipment, or 
        railroad infrastructure, lines and yards, or shifting of 
        equipment across or within service territories or customer and 
        commodity groups to the person requesting transportation or 
        service;
            ``(D) whether the service reasonably meets the local 
        operational and service needs of the person requesting 
        transportation or service;
            ``(E) the provision of rail infrastructure, rail equipment, 
        or other rail related resources by the person requesting 
        transportation or service to support the transportation or 
        service;
            ``(F) whether any conditions imposed by the rail carrier as 
        requirements for service are required to meet the local service 
        requirements of the person requesting service or permit the 
        rail carrier to recover variable costs of providing the 
        requested transportation or service; and
            ``(G) how the carrier is handling equipment owned or leased 
        by the person requesting transportation or service.'';
            (2) in subsection (b)--
                    (A) in the matter preceding paragraph (1) by 
                striking ``shall be'' and inserting ``shall'';
                    (B) in paragraph (1)--
                            (i) by inserting ``be'' before ``in 
                        writing''; and
                            (ii) by striking ``receipt of the request; 
                        or'' and inserting ``receipt of the request, or 
                        be promptly made available in electronic 
                        form;''; and
                    (C) by striking paragraph (2) and inserting the 
                following:
            ``(2) include timely, efficient, and reliable service 
        delivery standards;
            ``(3) include remedies for when such service delivery 
        standards are not met; and
            ``(4) include reasonable transit or cycle times consistent 
        with the reasonable needs of the person on whose behalf the 
        request is made for the timely, efficient and reliable receipt, 
        transportation, and delivery of property.'';
            (3) in subsection (f) by inserting ``, including defining 
        minimum service delivery standards. The Board may establish 
        such standards by commodity'' after ``implement this section''; 
        and
            (4) by adding at the end the following:
    ``(g) Any proceeding initiated under this section--
            ``(1) in order to consider an alleged violation of this 
        section by a rail carrier, shall be expedited by the Board, and 
        completed not later than 180 days after the initiation of such 
        proceeding or, upon the request of a party when necessary to 
        develop a record for the decision of the Board, not later than 
        the end of a reasonable extension granted by the Board; and
            ``(2) in order to obtain service terms required under 
        subsection (b), shall be completed not later than 45 days after 
        the initiation of such proceeding.
    ``(h) In addition to the remedies provided under section 11701, if 
the Board determines that a rail carrier has not met the obligations of 
this section by failing to provide transportation or services on a 
reasonable request, the Board may prescribe reasonable transit or cycle 
times to be established for equipment owned or leased by the person 
making the request.''.

SEC. 206. UPDATING STB EMERGENCY POWERS.

    Section 11123(a) of title 49, United States Code, is amended--
            (1) in paragraph (4)(C) by striking ``or'' at the end;
            (2) in paragraph (5) by striking the period at the end and 
        inserting ``; or''; and
            (3) by adding at the end the following:
            ``(6) require--
                    ``(A) the acquisition or return to service of 
                locomotives, freight cars, or other vehicles;
                    ``(B) additional capacity on property owned by the 
                rail carrier, including sidings to reduce congestion; 
                and
                    ``(C) returning furloughed employees to service.''.

SEC. 207. SUPPORT FOR FREIGHT CAR GPS AND OTHER TELEMETRY SYSTEMS.

    (a) Policy.--It is the policy of the Federal Government to support 
private freight rail efficiency and the understanding of the shipper 
using such private rail of the location of the rail freight of such 
shipper by collaborating with private freight rail demonstration 
projects to resolve safety and other regulatory challenges and 
opportunities of GPS and other telemetry technology on freight rail 
cars.
    (b) Report.--Not later than 1 year after the date of enactment of 
this Act, the Surface Transportation Board and the Administrator of the 
Federal Railroad Administration, in consultation with the Secretary of 
Homeland Security, shall submit to the Committee on Transportation and 
Infrastructure of the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate a report 
summarizing the collaboration under subsection (a) on the safety and 
other regulatory challenges and opportunities that could impact the 
development and installation of GPS and other telemetry technology on 
freight rail cars.

SEC. 208. STUDY ON SHORT LINE RAILROAD ACCESS TO MULTIPLE CLASS I 
              RAILROADS.

    (a) Study.--The Comptroller General of the United States shall 
conduct a study on any existing contract language that prohibits or 
discourages additional interchange agreements or additional interchange 
traffic between Class I railroad carriers and Class II and III 
carriers.
    (b) Contents.--The study shall include--
            (1) information solicited from railroad carriers on the 
        types and frequency of contract language that services to 
        either prohibit or discourage new interchange agreements 
        between a Class II or III railroad and a second Class I 
        railroad or discourage rail traffic from interchanging with a 
        second railroad, including how many Class II and Class III 
        railroad carriers are prohibited or discouraged from developing 
        new interchange agreements (or interchanging new or additional 
        traffic outside of such agreements) with Class I railroad 
        carriers with which such Class II and Class III railroad 
        carriers do not interchange traffic; and
            (2) a discussion about the advantages and disadvantages of 
        the prohibitions or discouragements described in paragraph (1) 
        for various stakeholders, including Class I, II and III 
        railroads, shippers, and the public.
    (c) Report.--Not later than 2 years after the date of enactment of 
this Act, the Comptroller General shall submit to the Committee on 
Transportation and Infrastructure of the House of Representatives and 
the Committee on Commerce, Science, and Transportation of the Senate a 
report containing the study conducted under subsection (a).

SEC. 209. STUDY ON SUPPLY CHAIN DATA CONSTRAINTS THAT IMPEDE THE FLOW 
              OF FREIGHT.

    (a) Study.--Not later than 60 days after the date of enactment of 
this Act, the Surface Transportation Board shall seek to enter into an 
agreement with the National Academies to conduct a study on the United 
States supply chain that examines data constraints that impede the flow 
of rail cargo and add to supply chain inefficiencies and that 
identifies data sharing systems that can be employed to improve the 
functioning of the United States supply chain.
    (b) Contents.--The study carried out pursuant to subsection (a) 
shall include an identification of where chokepoints are most prominent 
in the United States supply chain, what common shipping data is created 
with each hand-off of a container through such supply chain, how such 
data with respect to such supply chain is stored and shared, and an 
analysis of existing and potential impediments to the free flow of 
supply chain information.
    (c) Information Collection.--In conducting the study pursuant to 
subsection (a), the National Academies shall collect information from 
railroad carriers, vessel operating common carriers and non-vessel 
operating common carriers, marine terminal operators, commercial motor 
vehicle operators, chassis providers, ocean transportation 
intermediaries, custom brokers, freight forwarders, shippers and cargo 
owners, and relevant government agencies, including the Board, the 
Federal Maritime Commission, and Customs and Border Protection.
    (d) Report.--Any agreement entered into under subsection (a) shall 
require that, not later than 2 years after the date of enactment of 
this Act, the National Academies submit to the Committee on 
Transportation and Infrastructure of the House of Representatives and 
the Committee on Commerce, Science, and Transportation of the Senate, 
and make available on a publicly accessible website, a report 
containing--
            (1) findings of the study carried out pursuant to 
        subsection (a); and
            (2) any recommendations for common data standards and 
        policies to implement information sharing across the United 
        States supply chain.

SEC. 210. RATE PROTECTION DURING EMERGENCIES.

    (a) Situations Requiring Immediate Action To Serve the Public.--
Section 11123 of title 49, United States Code, is amended--
            (1) by redesignating subsections (e) and (f) as subsections 
        (f) and (g), respectively; and
            (2) by inserting after subsection (d), the following:
    ``(e) Notwithstanding any other provision of this subtitle, a Class 
I rail carrier subject to a Board order under this section, except for 
a Class I carrier that is serving as an alternative carrier as part of 
a Board remedy, may not increase rates on persons covered by such order 
during the period beginning on the date on which the Board determines 
under subsection (a) that a transportation emergency exists and ending 
on the date on which such emergency expires under this section.''.
    (b) General Civil Penalties.--Section 11901 of title 49, United 
States Code, is amended--
            (1) by redesignating subsections (b) through (f) as 
        subsections (c) through (g), respectively; and
            (2) by inserting after subsection (a) the following:
    ``(b) Any Class I rail carrier providing transportation subject to 
the jurisdiction of the Board under this part that increases rates 
during a transportation emergency in violation of section 11123(e) is 
liable to the United States Government for a civil penalty equal to 3 
times the amount by which each such rate was increased.''.

SEC. 211. UPDATED FINES.

    (a) Analysis of Civil Penalties and Fines.--
            (1) In general.--Not later than 180 days after the date of 
        enactment of this Act, the Comptroller General of the United 
        States shall conduct an analysis of the civil penalties and 
        fines assessed under chapter 119 of title 49, United States 
        Code, that includes--
                    (A) a comparison of such civil penalties and fines 
                to other civil penalties and fines assessed by Federal 
                agencies with economic regulatory oversight over the 
                railroad industry and other industries; and
                    (B) an analysis of the amount of a civil penalty or 
                fine that is necessary to provide the appropriate 
                financial incentive for rail carrier compliance.
            (2) Report.--Upon completion of the analysis conducted 
        under paragraph (1), the Comptroller General shall submit to 
        the Surface Transportation Board, the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives, and the Committee on Commerce, Science, and 
        Transportation of the Senate a report that describes such 
        analysis and includes any recommendations for changes to the 
        amounts of the civil penalties or fines assessed under chapter 
        119 of title 49, United States Code, including minimum and 
        maximum fines, per day fines, and per violation fines.
    (b) Rulemaking.--Notwithstanding the amount of civil penalties and 
fines assessed under chapter 119 of title 49, United States Code, and 
not later than 180 days after the date on which the Comptroller General 
submits the report under subsection (a)(2), the Board shall issue such 
regulations as are necessary to revise the amount of each such civil 
penalty or fine assessed under such chapter in accordance with the 
recommendations of the Comptroller General contained in such report, 
including establishing minimum and maximum penalties or fines and per 
day and per violation penalties or fines.
    (c) Conforming Amendment.--
            (1) In general.--Chapter 119 of title 49, United States 
        Code, is amended by adding at the end the following:
``Sec. 11909. Treatment of civil penalties and fines
    ``Upon the issuance of a final regulation to revise an amount of a 
civil penalty or fine assessed under this chapter pursuant to section 
212 of the Freight Rail Shipping Fair Market Act, the amount of such 
civil penalty or fine assessed shall be treated as the revised amount 
in such regulation.''.
            (2) Clerical amendment.--The analysis for chapter 119 of 
        title 49, United States Code, is amended by adding at the end 
        the following:

``11909. Treatment of civil penalties and fines.''.

                       TITLE III--PASSENGER RAIL

SEC. 301. PASSENGER-FREIGHT RAIL TRANSPORTATION ADVISORY COUNCIL.

    (a) In General.--Chapter 13 of title 49, United States Code, is 
amended--
            (1) by redesignating section 1326 as section 1327; and
            (2) by inserting after section 1325 the following:
``Sec. 1326. Passenger-Freight Rail Transportation Advisory Council
    ``(a) Establishment; Membership.--There is established the 
Passenger-Freight Rail Transportation Advisory Council (in this section 
referred to as the `Council') to be composed of 18 members, of which 12 
members shall be appointed by the Chairman of the Board, after 
recommendation from rail carriers providing passenger rail 
transportation, subject to the jurisdiction of the Board, and rail 
carriers providing freight rail transportation, not later than 60 days 
after the date of enactment of the Freight Rail Shipping Fair Market 
Act. The 12 such members of the Council shall be appointed as follows:
            ``(1) The members of the Council shall be appointed from 
        among citizens of the United States who are not regular, full-
        time employees of the United States and shall be selected for 
        appointment so as to provide as nearly as practicable a broad 
        representation of the various segments of freight-railroad and 
        passenger rail carriers.
            ``(2) 10 of the members shall be appointed from senior 
        executive officers of organizations engaged in the freight 
        railroad and passenger rail industries and shall be the voting 
        members of the Council. Council action and Council positions 
        shall be determined by a majority vote of the members present. 
        A majority of such voting members shall constitute a quorum. Of 
        such 10 voting members--
                    ``(A) 4 shall be representatives of Class I 
                railroads;
                    ``(B) 4 shall be representatives of an intercity 
                passenger railroad that operates over a host railroad, 
                of whom at least 3 shall be representatives of Amtrak;
                    ``(C) 1 shall be a representative of commuter 
                passenger railroads; and
                    ``(D) 1 shall be a representative of States which 
                fund intercity passenger rail service.
            ``(3) The remaining 2 members of the Council shall serve in 
        a nonvoting advisory capacity only, but shall be entitled to 
        participate in Council deliberations. Of the remaining 
        members--
                    ``(A) 1 shall be a representative of rail 
                passengers; and
                    ``(B) 1 shall be a representative of a non-profit 
                employee labor organization.
            ``(4) The Secretary of Transportation and the members of 
        the Board shall serve as ex officio, nonvoting members of the 
        Council. The Council shall not be subject to the Federal 
        Advisory Committee Act (5 U.S.C. App.). A list of the members 
        appointed to the Council shall be forwarded to the Chairmen and 
        ranking members of the Committee on Commerce, Science, and 
        Transportation of the Senate and the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives.
            ``(5) Each ex officio member of the Council may designate 
        an alternate, who shall serve as a member of the Council 
        whenever the ex officio member is unable to attend a meeting of 
        the Council. Any such designated alternate shall be selected 
        from individuals who exercise significant decision-making 
        authority in the Federal agency involved.
    ``(b) Term of Office.--The members of the Council shall be 
appointed for a term of office of 3 years, except that of the members 
first appointed--
            ``(1) 4 members shall be appointed for terms of 1 year; and
            ``(2) 4 members shall be appointed for terms of 2 years, as 
        designated by the Chairman at the time of appointment. Any 
        member appointed to fill a vacancy occurring before the 
        expiration of the term for which the member's predecessor was 
        appointed shall be appointed only for the remainder of such 
        term. A member may serve after the expiration of his term until 
        his successor has taken office. Vacancies on the Council shall 
        be filled in the same manner in which the original appointments 
        were made. No member of the Council shall be eligible to serve 
        in excess of two consecutive terms.
    ``(c) Election and Duties of Officers.--The Council Chairman and 
Vice Chairman and other appropriate officers of the Council shall be 
elected by and from the voting members of the Council. The Council 
Chairman shall serve as the Council's executive officer and shall 
direct the administration of the Council, assign officer and committee 
duties, and shall be responsible for issuing and communicating the 
reports, policy positions and statements of the Council. In the event 
that the Council Chairman is unable to serve, the Vice Chairman shall 
act as Council Chairman.
    ``(d) Expenses.--
            ``(1) Travel expenses.--The members of the Council shall 
        receive no compensation for services, but upon request by the 
        Council Chairman, based on a showing of significant economic 
        burden, the Secretary of Transportation or the Chairman of the 
        Board, to the extent provided in advance in appropriation Acts, 
        may provide reasonable and necessary travel expenses for such 
        individual Council members from Department or Board funding 
        sources in order to foster balanced representation on the 
        Council.
            ``(2) Reasonable and necessary expenses.--Upon request by 
        the Council Chairman, the Secretary or Chairman of the Board, 
        to the extent provided in advance in appropriations Acts, may 
        pay the reasonable and necessary expenses incurred by the 
        Council in connection with the coordination of Council 
        activities, announcement and reporting of meetings, and 
        preparation of such Council documents as are required or 
        permitted by this section.
            ``(3) Additional authorities.--To enable the Council to 
        carry out activities--
                    ``(A) the Council Chairman may request directly 
                from any Federal agency such personnel, information, 
                services, or facilities, on a compensated or 
                uncompensated basis, as the Council Chairman determines 
                necessary to carry out the functions of the Council;
                    ``(B) each Federal agency may, in its discretion, 
                furnish the Council with such information, services, 
                and facilities as the Council Chairman may request to 
                the extent permitted by law and within the limits of 
                available funds; and
                    ``(C) each Federal agency may, in its discretion, 
                detail to temporary duty with the Council, such 
                personnel as the Council Chairman may request for 
                carrying out the functions of the Council, each such 
                detail to be without loss of seniority, pay, or other 
                employee status.
    ``(e) Meetings.--The Council shall meet at least semi-annually and 
shall hold other meetings at the call of the Council Chairman. 
Appropriate Federal facilities, where available, may be used for such 
meetings. Whenever the Council, or a committee of the Council, 
considers matters that affect the jurisdictional interests of Federal 
agencies that are not represented on the Council, the Council Chairman 
may invite the heads of such agencies, or designees of such heads, to 
participate in the deliberations of the Council.
    ``(f) Functions and Duties; Annual Report.--
            ``(1) Advice.--The Council shall advise the Secretary of 
        Transportation, the Chairman of the Board, the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives, and the Committee on Commerce, Science, and 
        Transportation of the Senate with respect to rail 
        transportation policy issues it considers significant, with 
        particular attention to issues of importance to rail 
        passengers, including on time performance of intercity 
        passenger rail on freight-rail hosted routes and Amtrak access 
        to the track and facilities of host railroads, including access 
        for additional trains.
            ``(2) Annual report.--
                    ``(A) In general.--Not later than 90 days after the 
                last date of each fiscal year, the Council shall submit 
                to the Secretary of Transportation and Chairman of the 
                Board an annual report that--
                            ``(i) describes the activities of the 
                        Council;
                            ``(ii) describes the results of the efforts 
                        of the Council to resolve freight rail-
                        passenger rail conflicts; and
                            ``(iii) proposes any regulatory or 
                        legislative relief the Council considers 
                        appropriate.
                    ``(B) Contents.--The Council shall include in the 
                annual report--
                            ``(i) such recommendations as the Council 
                        considers appropriate with respect to the 
                        performance of the Secretary of Transportation 
                        and Chairman of the Board under this chapter;
                            ``(ii) recommendations with respect to the 
                        operation and effectiveness of meetings, 
                        industry and passenger rail developments 
                        relating to the Council's efforts, and such 
                        other information as the Council considers 
                        appropriate; and
                            ``(iii) such other information as the 
                        Council considers appropriate.
                    ``(C) Review.--Annual reports prepared under this 
                paragraph shall--
                            ``(i) be reviewed by the Secretary of 
                        Transportation and Chairman of the Board; and
                            ``(ii) include such Secretary's and 
                        Chairman's views or comments relating to the 
                        accuracy of information therein relating to--
                                    ``(I) the efforts of the Council 
                                and the reasonableness of the positions 
                                and actions of the Council; and
                                    ``(II) any other aspects of the 
                                work of the Council as the Secretary 
                                and Chairman may consider appropriate.
            ``(3) Additional reports or policy statements.--The Council 
        may prepare other reports or develop policy statements as the 
        Council considers appropriate. Other such reports and 
        statements may be submitted as the Council considers 
        appropriate.''.
    (b) Technical and Conforming Amendments.--
            (1) Clerical amendment.--The analysis for chapter 13 of 
        title 49, United States Code, is amended by striking the item 
        relating to section 1326 and inserting the following:

``1326. Passenger-Freight Rail Transportation Advisory Council.
``1327. Authority of the Inspector General.''.
            (2) Technical correction.--The analysis for chapter 13 of 
        title 49, United States Code, is amended--
                    (A) by striking ``I--ESTABLISHMENT'' and inserting 
                ``SUBCHAPTER I--ESTABLISHMENT''; and
                    (B) by striking ``II--ADMINISTRATIVE'' and 
                inserting ``SUBCHAPTER II--ADMINISTRATIVE''.

SEC. 302. PASSENGER RAIL CONSIDERATIONS IN TRANSACTIONS INVOLVING RAIL 
              CARRIERS.

    (a) In General.--Chapter 113 of title 49, United States Code, is 
amended--
            (1) by redesignating sections 11327 and 11328 as sections 
        11328 and 11329, respectively; and
            (2) by inserting after section 11326 the following:
``Sec. 11327. Passenger rail considerations in transactions involving 
              rail carriers
    ``In any case for which approval is sought for a transaction under 
section 11323, 11324, or 11325, the Board shall require the rail 
carrier to provide a description of how existing passenger rail service 
is accommodated, and how future passenger rail service, as contemplated 
in state rail plans authorized under chapter 227, section 25101, and 
efforts carried out under section 22101(h) of the Passenger Rail 
Expansion and Rail Safety Act of 2021 (Public Law 117-58) will be 
accommodated. The Board may approve any transaction under section 
11323, 11324, or 11325 unless the accommodations provided by the 
applicable rail carrier would be insufficient in the public interest, 
as determined by the Board.''.
    (b) Applicability.--The amendments made by subsection (2) shall 
apply to any rail carrier seeking approval under section 11323, 11324, 
or 11325 of title 49, United States Code, on or after the date of 
enactment of this Act.
    (c) Clerical Amendment.--The analysis for chapter 113 of title 49, 
United States Code, is amended--
            (1) by redesignating the items relating to sections 11327 
        and 11328 as items relating to sections 11328 and 11329, 
        respectively; and
            (2) by inserting after the item relating to section 11326 
        the following:

``11327. Passenger rail considerations in transactions involving rail 
                            carriers.''.
                                 <all>