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 the 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 revised 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 substituting
"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 subsections (a)(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 two 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--
(a) by striking "may" in the first sentence and
substituting "shall";
(b) 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
(c) by striking "may establish such conditions and
compensation" in the last sentence and substituting "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 substituting "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 and/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 substituting "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 substituting
"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
the Interstate Commerce Act 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
sections 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 and/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 this
subsection, 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 sections 11347 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
substituting "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 substituting "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 substituting "or";
(B) by striking the fourth paragraph; and
(C) in the final paragraph, 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 substituting "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
Interstate Commerce Commission 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 one year of the date of enactment
of this section.
SEC. 13. TITLE 49 TECHNICAL CORRECTIONS.
(a) REFERENCE TO TITLE 49 USC.--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 substituting "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 substituting 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 substituting "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 substitute "redesignating subsection
(o) as subsection (q) and substituting a new subsection
(o) as follows".
(2) In subsection (j), strike "adding at the end
the following" and substitute "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 substituting "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 substituting "5315, and 5322".
(j) CORRECTION OF CASE.--Section 5903(a) is
amended by striking "person, To whom" and substituting
"person, to whom".
(k) CORRECTION OF CROSS REFERENCE.--Section
10903(b)(2) is amended by striking "24706(c) of this
title" and substituting "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 substituting--
"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 substitute
"Enforcement of order.--A person injured";
and
(ii) redesignate paragraph (2) as
subsection (b)(2); and
(B) In subsection (b), by strike "Liability
and damages" and all that follows through "A
carrier" and substitute "Liability and damages.--
(1) A carrier".
(2) Section 14705(c) is amended by striking
"14704(b)" and substituting "14704(b)(2)".
(n) CORRECTION OF OBSOLETE REFERENCES TO ICC.--(1)
Subsection (c)(3) of section 24307 (Special
transportation) is amended by striking "Interstate
Commerce Commission" and substituting "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 substituting "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 substituting "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
substituting "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
substituting "Surface Transportation Board" and
"Board", respectively.
(o) DELETION OF OBSOLETE PROVISION.--Section
31112(d) is amended by striking subsection (4).
(p) DELETION OF OBSOLETE REFERENCE.--Section
31132(7) (definition of 'State') is amended by striking
"31136 and 31140-31142" and substituting "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 substituting "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
substituting "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
substituting "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 substituting "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 substituting "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
substituting--
"Sec. 1398. Surface Transportation Board's orders"; and
(B) in subsection (b), by striking
"Interstate Commerce Commission" and substituting
"Surface Transportation Board".
(2) The analysis for chapter 87 of title 28,
United States Code, is amended by striking item 1398
and substituting 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 substituting "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 substituting "Surface Transportation Board".