Sec. 103. Simplified relief process for small captive grain shippers.
Sec. 104. Competitive rail service in terminal areas.
Sec. 105. Simplified standards for market dominance.
Sec. 106. Revenue adequacy determinations.
Sec. 107. Rail carrier service quality performance reports.
TITLE II—PROTECTION OF COLLECTIVE BARGAINING
AGREEMENTS
Sec. 201. Scope of authority.
Sec. 202. Employee protection.
TITLE III—MISCELLANEOUS
Sec. 301. Effect of mergers on local communities and rail passenger transpor-
tation.
Sec. 302. Use of facilities by commuter authorities.
Sec. 303. Side tracks.
Sec. 304. Public availability of water carrier tariffs.
TITLE IV—AUTHORIZATION OF APPROPRIATIONS
Sec. 401. Authorization of appropriations.
TITLE I—RAILROAD
COMPETITION
SEC. 101. CLARIFICATION OF RAIL TRANSPORTATION POL-
ICY.
Section 10101 of title 49, United States Code, is
amended—
(1) by inserting ‘‘(a) IN GENERAL.—’’ before
‘‘In regulating’’; and
(2) by adding at the end the following:
‘‘(b) PRIMARY OBJECTIVES.—The primary objectives
of the rail transportation policy of the United States shall
be—
‘‘(1) to ensure effective competition among rail
carriers at origin and destination;
‘‘(2) to maintain reasonable rates in the ab-
sence of effective competition;
‘‘(3) to maintain consistent and efficient rail
transportation service to shippers, including the
timely provision of railcars requested by shippers;
and
‘‘(4) to ensure that smaller carload and inter-
modal shippers are not precluded from accessing rail
systems due to volume requirements.’’.
SEC. 102. FOSTERING RAIL TO RAIL COMPETITION.
(a) ESTABLISHMENT OF RATE.—Section 11101(a) of
title 49, United States Code, is amended by inserting after
the first sentence the following: ‘‘Upon the request of a
shipper, a rail carrier shall establish a rate for transpor-
tation and provide service requested by the shipper be-
tween any two points on the system of that carrier where
traffic originates, terminates, or may reasonably be inter-
changed. A carrier shall establish a rate and provide serv-
ice upon such request without regard to—
‘‘(1) whether the rate established is for only
part of a movement between an origin and a destina-
tion;
‘‘(2) whether the shipper has made arrange-
ments for transportation for any other part of that
movement; or
‘‘(3) whether the shipper currently has a con-
tract with any rail carrier for part or all of its trans-
portation needs over the route of movement.
‘‘If such a contract exists, the rate established by the car-
rier shall not apply to transportation covered by the con-
tract.’’.
(b) REVIEW OF REASONABLENESS OF RATES.—Sec-
tion 10701(d) of title 49, United States Code, is
amended—
(1) by redesignating paragraph (3) as para-
graph (4); and
(2) by inserting after paragraph (2) the fol-
lowing:
‘‘(3) A shipper may challenge the reasonableness of
any rate established by a rail carrier in accordance with
section 11101(a) or with subsection (c) of this section.
The Board shall determine the reasonableness of the rate
so challenged without regard to—
‘‘(A) whether the rate established is for only
part of a movement between an origin and a destina-
tion;
‘‘(B) whether the shipper has made arrange-
ments for transportation for any other part of that
movement; or
‘‘(C) whether the shipper currently has a con-
tract with a rail carrier for any part of the rail traf-
fic at issue, provided that the rate prescribed by the
Board shall not apply to transportation covered by
such a contract.’’.
SEC. 103. SIMPLIFIED RELIEF PROCESS FOR SMALL CAP-
TIVE GRAIN SHIPPERS.
(a) LIMITATION
ON FEES.—Notwithstanding any
other provision of law, the Surface Transportation Board
shall not impose fees in excess of $1,000 for services col-
lected from an eligible facility in connection with rail max-
imum rate complaints under part 1002 of title 49, Code
of Federal Regulations.
(b) SIMPLIFIED RATE AND SERVICE RELIEF.—Sec-
tion 10701 of title 49, United States Code, is amended
by adding at the end thereof the following:
‘‘(e) SIMPLIFIED RATES AND SERVICES.—
‘‘(1) IN GENERAL.—Notwithstanding any other
provision of law, a rail carrier may not charge a rate
for shipments from or to an eligible facility which
results in a revenue-to-variable cost percentage,
using system average costs, for the transportation
service to which the rate applies that is greater than
180 percent.
‘‘(2) ACCEPTANCE
OF
REQUESTS.—Notwith-
standing any other provision of law, a rail carrier
shall accept all requests for grain service from an el-
igible facility up to a maximum of 110 percent of
the grain carloads shipped from or to the facility in
the immediately preceding calendar year. If, in a
majority of instances, a rail carrier does not in any
45-day period, supply the number of grain cars so
ordered by an eligible facility or does not initiate
service within 30 days of the reasonably specified
loading date, the eligible facility may request that an
alternative rail carrier provide the service using the
tracks of the original carrier. If the alternative rail
carrier agrees to provide such service, and such serv-
ice can be provided without substantially impairing
the ability of the carrier whose tracks reach the fa-
cility to use such tracks to handle its own business,
the Board shall order the alternative carrier to com-
mence service and to compensate the other carrier
for the use of its tracks. The alternative carrier shall
provide reasonable compensation to the original car-
rier for the use of the original carrier’s tracks.
‘‘(3) CANCELLATION
PENALTIES.—A carrier
may accept car orders under paragraph (2) subject
to reasonable penalties for service requests that are
canceled by the requester. If the carrier fills such or-
ders more than 15 days after the reasonably speci-
fied loading date, the carrier may not assess a pen-
alty for canceled car orders.
‘‘(4) DAMAGES.—A rail carrier that fails to
provide service under the requirements of paragraph
(2) is liable for damages to an eligible facility that
does not have access to an alternative carrier, in-
cluding lost profits, attorney’s fees, and any other
consequences attributable to the carrier’s failure to
provide the ordered service. A claim for such damage
may be brought in an appropriate United States
District Court or before the Board.
‘‘(5) TIMETABLE FOR BOARD PROCEEDING.—
The Board shall conclude any proceeding brought
under this subsection no later than 180 days from
the date a complaint is filed.
‘‘(6) DEFINITIONS.—In this subsection:
‘‘(A) ELIGIBLE FACILITY.—The term ‘eli-
gible facility’ means a shipper facility that—
‘‘(i) is the origin or destination for not
more than 4,000 carloads annually of
grain as defined in section 3(g) of the
United States Grain Standards Act (7
U.S.C. 75(g));
‘‘(ii) is served by a single rail carrier
at its origin;
‘‘(iii) has more than 60 percent of the
facility’s inbound or outbound grain and
grain product shipments (excluding the de-
livery of grain to the facility by producers),
measured by weight or bushels moved via
a rail carrier in the immediately preceding
calendar year; and
‘‘(iv) the rate charged by the rail car-
rier for the majority of shipments of grain
and grain products from or to the facility,
excluding premium for special service pro-
grams, results in a revenue-to-variable cost
percentage, using system average costs, for
the transportation to which the rate ap-
plies that is equal to or greater than 180
percent.
‘‘(B) REASONABLE
COMPENSATION.—The
term ‘reasonable compensation’ shall mean an
amount no greater than the total shared costs
of the original carrier and the alternative car-
rier incurred, on a usage basis, for the provision
of service to an eligible facility. If the carriers
are unable to agree on compensation terms
within 15 days after the facility requests service
from the alternative carrier, the alternative car-
rier or the eligible facility may request the
Board to establish the compensation and the
Board shall establish the compensation within
45 days after such request is made.
‘‘(C) 
ORIGINAL
CARRIER.—The 
term
‘original carrier’ means a rail carrier which pro-
vides the only rail service to an eligible facility
using its own tracks or provides such service
over an exclusive lease of the tracks serving the
eligible facility.
‘‘(D) ALTERNATIVE CARRIER.—The term
‘alternative carrier’ means a rail carrier that is
not an original carrier to an eligible facility.’’.
SEC. 104. COMPETITIVE RAIL SERVICE IN TERMINAL
AREAS.
(a) TRACKAGE RIGHTS.—Section 11102(a) of title
49, United States Code, is amended—
(1) by striking ‘‘may’’ in the first sentence and
inserting ‘‘shall’’;
(2) by inserting after ‘‘business.’’ 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’’ in the next-to-last sen-
tence and inserting ‘‘shall’’.
(b) 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 ‘‘service.’’ 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’’ in the last sentence and
inserting ‘‘shall’’.
SEC. 105. SIMPLIFIED STANDARDS FOR MARKET DOMI-
NANCE.
Section 10707(d)(1)(A) of title 49, United States
Code, is amended by adding at the end thereof the fol-
lowing: ‘‘The Board shall not consider evidence of product
or geographic competition in making a market dominance
determination under this section.’’.
SEC. 106. REVENUE ADEQUACY DETERMINATIONS.
(a) 
RAIL
TRANSPORTATION
POLICY.—Section
10101(a)(3) of title 49, United States Code (as so redesig-
nated by section 101 of this Act), is amended by striking
‘‘revenues, as determined by the Board;’’ and inserting
‘‘revenues;’’.
(b) STANDARDS FOR RATES.—Section 10701(d)(2)
of title 49, United States Code, is amended by striking
‘‘revenues, as established by the Board under section
10704(a)(2) of this title’’ and inserting ‘‘revenues’’.
(c) REVENUE ADEQUACY DETERMINATIONS.—Sec-
tion 10704(a) of title 49, United States Code, is
amended—
(1) by striking ‘‘(a)(1)’’ and inserting ‘‘(a)’’;
and
(2) by striking paragraphs (2) and (3).
SEC. 107. RAIL CARRIER SERVICE QUALITY PERFORMANCE
REPORTS.
(a) IN GENERAL.—Chapter 5 of subtitle I of title 49,
United States Code, is amended by adding at the end
thereof the following:
‘‘SUBCHAPTER III—PERFORMANCE REPORTS
‘‘§ 541. Rail carrier service quality performance re-
ports
‘‘(a) IN GENERAL.—The Secretary of Transportation
shall require, by regulation, each rail carrier to submit a
monthly report to the Secretary, in such uniform format
as the Secretary may by regulation prescribe, containing
information about—
‘‘(1) its on-time performance;
‘‘(2) its car availability deadline performance;
‘‘(3) its average train speed;
‘‘(4) its average terminal dwell time;
‘‘(5) the number of its cars loaded (by major
commodity group); and
‘‘(6) such other aspects of its performance as a
rail carrier as the Secretary may require.
‘‘(b) INFORMATION FURNISHED TO STB; THE PUB-
LIC.—The Secretary shall furnish a copy of each report
required under subsection (a) to the Surface Transpor-
tation Board no later than the next business day following
its receipt by the Secretary, and shall make each such re-
port available to the public.
‘‘(c) ANNUAL REPORT TO THE CONGRESS.—The Sec-
retary shall transmit to the Congress an annual report
based upon information received by the Secretary under
this section.
‘‘(d) DEFINITIONS.—In this section, the definitions
in section 10102 apply.’’.
(b) CONFORMING AMENDMENT.—The chapter anal-
ysis for chapter 5 of subtitle I of title 49, United States
Code, is amended by adding at the end thereof the fol-
lowing:
‘‘SUBCHAPTER III—PERFORMANCE REPORTS
‘‘541. Rail carrier service quality performance reports.’’.
TITLE II—PROTECTION OF
COLLECTIVE BARGAINING
AGREEMENTS
SEC. 201. SCOPE OF AUTHORITY.
Section 11321 of title 49, United States Code, is
amended—
(1) in subsection (a), by striking ‘‘all other law’’
and all that follows through ‘‘acquired through the
transaction’’ and inserting ‘‘State and local laws to
the extent they regulate combinations, mergers, and
acquisitions of control of rail carriers, as necessary
to let that rail carrier, corporation, or person carry
out the transaction’’; and
(2) by adding at the end the following new sub-
section:
‘‘(c) After a transaction approved or exempted by the
Board under this subchapter (or by the Interstate Com-
merce Commission under this subchapter or any prede-
cessor statute) is completed, the activities of a rail carrier
participating in or resulting from such transaction shall
be subject to State and Federal law to the same extent
as those of any other similarly situated rail carrier that
has not participated in or resulted from such a trans-
action. Completion of a transaction for purposes of this
section shall be deemed to occur 1 year after the acquiring
rail carrier assumes responsibility for the property trans-
ferred.’’.
SEC. 202. EMPLOYEE PROTECTION.
Section 11326 of title 49, United States Code, is
amended by striking subsection (a) and inserting the fol-
lowing:
‘‘(a)(1) Except as otherwise provided in this section,
when approval is sought for a transaction under sections
11324 and 11325, 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 on the day before December 29, 1995.
‘‘(2) The arrangement and the order approving a
transaction referred to in paragraph (1) shall be subject
to the following conditions:
‘‘(A) The employees of the affected rail carrier
shall not be in a worse position related to their em-
ployment as a result of the transaction during the
6-year period beginning on the date on which the
employee is 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).
‘‘(B)(i) The rail carrier and the authorized rep-
resentatives of the rail carrier’s employees shall ne-
gotiate under the Railway Labor Act any arrange-
ment regarding the selection of forces or assignment
of employees caused by the Board’s order of ap-
proval under sections 11324 or 11325.
‘‘(ii) Arbitration of the proposed arrangement
may only occur if both parties agree to that process.
‘‘(iii) The Board shall not intervene in the ne-
gotiations or arbitration under this subparagraph
unless requested to do so by both parties involved.
‘‘(iv) The Board shall not, under any cir-
cumstances, have the authority under this title to—
‘‘(I) break, modify, alter, override, or abro-
gate, in whole or in part, any provision in any
collective 
bargaining 
agreement 
or 
imple-
menting agreement made between a rail carrier
and the authorized representatives of its em-
ployees under the Railway Labor Act; or
‘‘(II) provide the authority described in
subclause (I) to any other person.
‘‘(3) Beginning on the date of the enactment of the
Surface Transportation Board Reform Act of 1999, this
subsection shall apply to any transaction proposed by a
rail carrier under conditions previously imposed by the
former Interstate Commerce Commission or the Surface
Transportation Board under—
‘‘(A) section 5(2)(f) of the Interstate Commerce
Commission Act before October 1, 1978;
‘‘(B) section 11347 of this title, before Decem-
ber 29, 1995; or
‘‘(C) this section.’’.
TITLE III—MISCELLANEOUS
SEC. 301. EFFECT OF MERGERS ON LOCAL COMMUNITIES
AND RAIL PASSENGER TRANSPORTATION.
Section 11324 of title 49, United States Code, is
amended—
(1) in subsection (b)—
(A) by striking ‘‘and’’ at the end of para-
graph (4);
(B) by striking the period at the end of
paragraph (5) and inserting a semicolon; and
(C) by adding at the end the following new
paragraphs:
‘‘(6) the safety and environmental effects of the
proposed transaction, including the effect on local
communities, and the public interest in enforcing
Federal, State, and local safety and environmental
laws; and
‘‘(7) the effect of the proposed transaction on
rail passenger transportation.’’; and
(2) in subsection (c), by inserting ‘‘The Board
shall impose conditions under this subsection to
mitigate the effects of the transaction on local com-
munities when such conditions are in the public in-
terest. In imposing such conditions, the Board shall
consider the effect of those conditions on local com-
munities, and shall consider the public interest in
the enforcement of Federal, State, and local safety
and environmental laws.’’ after ‘‘effects are allevi-
ated.’’.
SEC. 302. USE OF FACILITIES BY COMMUTER AUTHORITIES.
(a) AMENDMENT.—Chapter 241 of title 49, United
States Code, is amended by adding at the end the fol-
lowing new section:
‘‘§ 24105. Use of facilities by commuter authorities
‘‘A commuter authority may make an agreement with
a rail carrier or regional transportation authority to use
facilities of, and have services provided by, the carrier or
authority in the same manner and under the same condi-
tions as may Amtrak under section 24308. In carrying
out this section, the Board shall ensure that commuter
authorities are able to provide commuter rail passenger
transportation that develops the potential of modern rail
transportation to meet the commuter rail passenger trans-
portation needs of the United States.’’.
(b) TABLE OF SECTIONS.—The table of sections for
such chapter 241 is amended by adding at the end the
following new item:
‘‘24105. Use of facilities by commuter authorities.’’.
SEC. 303. SIDE TRACKS.
Section 10906 of title 49, United States Code, and
the item relating thereto in the table of sections of chapter
109 of that title, are repealed.
SEC. 304. PUBLIC AVAILABILITY OF WATER CARRIER TAR-
IFFS.
Section 13702(b) of title 49, United States Code, is
amended—
(1) by amending paragraph (1) to read as fol-
lows:
‘‘(1) TARIFF
AVAILABILITY.—A carrier pro-
viding transportation or service described in sub-
section (a)(1) shall make its tariffs available elec-
tronically to any person, without time, quantity, or
other limitation, through appropriate access from re-
mote locations, and a reasonable charge may be as-
sessed for such access. No charge may be assessed
a Federal agency for such access.’’;
(2) in paragraph (3), by striking ‘‘tariff filings’’
and inserting ‘‘tariffs’’;
(3) in paragraph (4), by striking ‘‘filed under
this subsection’’; and
(4) in paragraph (5), by striking ‘‘filing com-
plete tariffs under this subsection’’ and inserting
‘‘changing their complete electronic tariffs’’.
TITLE IV—AUTHORIZATION OF
APPROPRIATIONS
SEC. 401. AUTHORIZATION OF APPROPRIATIONS.
Section 705 of title 49, United States Code, is
amended by striking paragraphs (1) through (3) and in-
serting the following:
‘‘(1) $17,000,000 for fiscal year 2000;
‘‘(2) $20,000,000 for fiscal year 2001; and
‘‘(3) $25,000,000 for fiscal year 2002.’’.
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