I
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 Com-
mittee 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 Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Surface Transpor-
tation 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:
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 sub-
section (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 agree-
ments 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.
out the transaction, own, and operate property, and exer-
cise control of franchises acquired through the transaction
without the approval of a State authority. Except as other-
wise provided, a rail carrier, corporation, or person partici-
pating 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 cor-
poration may carry out the transaction only with the as-
sent of a majority, or the number required under applica-
ble 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 fol-
lows:
‘‘(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 sen-
tence;
(3) by striking subsection (d); and
(4) by redesignating subsections (e) and (f) as
subsections (d) and (e).
SEC. 9. EMPLOYEE IMPLEMENTING AGREEMENTS IN RAIL-
ROAD 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 pro-
tective 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 em-
ployment as a result of the transaction during the
6 years following the date the employees are ad-
versely 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 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 section 11324 or 11325 of this sub-
chapter. 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 par-
ties. 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 bar-
gaining agreements or implementing agreements
made between the rail carrier and authorized rep-
resentatives 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 appli-
cable, effective on the date of enactment of the Surface
Transportation Board Reauthorization Act of 1999, to
any transactions proposed by rail carriers under condi-
tions previously imposed by the former Interstate Com-
merce 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 strik-
ing 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 strik-
ing 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 car-
riers subject to the Acts to regulate commerce’’ and
inserting ‘‘common carriers subject to the Commu-
nications 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 MERG-
ERS.
(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 in-
serting a comma, and by striking ‘‘and no per-
son 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 Transpor-
tation Board where applicable to common car-
riers 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 appro-
priated to the Secretary of Transportation such sums as
may be necessary for fiscal years 2000 and 2001 to con-
duct a comprehensive analysis to determine—
(A) the changes in the rail industry cost struc-
ture 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, oper-
ation, financial condition, and efficiency of service
delivery under various competitive access scenarios.
(2) The analysis shall assess—