To amend title 49, United States Code, to enhance competition among and between rail carriers in order to ensure efficient rail service and reasonable rail rates, and for other purposes.

April 27, 2005

Mr. BURNS (for himself, Mr. ROCKEFELLER, Mr. DORGAN, Mr. CRAIG, Mr. DAYTON, Mr. VITTER, Mr. THUNE, Mr. JOHNSON, Mr. BAUCUS, and Mr. COLEMAN) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation

To amend title 49, United States Code, to enhance competition among and between rail carriers in order to ensure efficient rail service and reasonable rail rates, 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; AMENDMENT OF TITLE 49, UNITED STATES CODE.

(a) SHORT TITLE- This Act may be cited as the `Railroad Competition Act of 2005'.

(b) Amendment of Title 49, United States Code- Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or a repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of title 49, United States Code.

TITLE I--RAIL TRANSPORTATION COMPETITION

SEC. 101. CLARIFICATION OF RAIL TRANSPORTATION POLICY.

Section 10101 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 are--

`(1) to promote effective competition among rail carriers at origins and destinations;

`(2) to maintain reasonable rates in the absence of effective competition; and

`(3) to maintain consistent and efficient rail transportation service for shippers, including the timely provision of rail cars requested by shippers.'.

SEC. 102. REQUIREMENT FOR RATE QUOTES.

Section 11101(a) is amended--

(1) by inserting `(1)' after `(a)'; and

(2) by adding at the end of subsection (a) the following:

`(2) Upon the request of a shipper, a rail carrier shall establish a rate for transportation and provide service requested by the shipper between any two points on the system of that carrier where traffic originates, terminates, or may reasonably be interchanged. A carrier shall establish a rate and provide service upon such request without regard to--

`(A) the location of the movement on the rail system, including terminal areas;

`(B) whether the rate established is for only part of a movement between a point of origin and a destination;

`(C) whether the shipper has made arrangements for transportation for any other part of that movement; or

`(D) whether the shipper has a contract with any rail carrier for part or all of its transportation needs over the route of movement, in which case the rate established by the carrier shall not apply to transportation covered by the contract.'.

SEC. 103. ELIMINATION OF BARRIERS TO COMPETITION BETWEEN CLASS I CARRIERS AND CLASS II AND CLASS III RAIL CARRIERS.

(a) RESTRICTION ON APPROVAL OR EXEMPTION OF RAIL CARRIERS' ACTIVITIES BY SURFACE TRANSPORTATION BOARD- Section 10901 is amended by adding at the end the following:

`(e)(1) The Board may not issue under this section a certificate authorizing an activity described in subsection (a), or exempt from the applicability of this section under section 10502 such an activity, that involves a transfer of interest in a line of railroad, from a Class I rail carrier to a Class II or a Class III rail carrier, if the activity directly or indirectly would result in--

`(A) a restriction of the ability of the Class II or Class III rail carrier to interchange traffic with other carriers; or

`(B) a restriction of competition between or among rail carriers in the region affected by the activity in a manner or to an extent that would violate antitrust laws of the United States (notwithstanding any exemption from the applicability of antitrust laws that is provided under section 10706 of this title or any other provision of law).

`(2) Any party to an activity referred to in paragraph (1) that has been carried out, or any rail shipper affected by such an activity, may request that the Board review the activity to determine whether the activity has resulted in a restriction described in that paragraph. If, upon review of the activity, the Board determines that the activity resulted in such a restriction and the restriction has been in effect for at least 10 years, the Board shall declare the restriction to be unlawful and terminate the restriction unless the Board finds that the termination of the restriction would materially impair the ability of an affected rail carrier to provide service to the public or would otherwise be inconsistent with the public interest.

`(3) In this subsection:

`(A) The term `antitrust laws' has the meaning given that term in subsection (a) of the first section of the Clayton Act (15 U.S.C. 12(a)), except that such term also means section 5 of the Federal Trade Commission Act (15 U.S.C. 45) to the extent that such section 5 applies to unfair methods of competition.

`(B) The terms `Class I rail carrier', `Class II rail carrier', and `Class III rail carrier' mean, respectively, a rail carrier classified under regulations of the Board as a Class I rail carrier, Class II rail carrier, and Class III rail carrier.'.

(b) APPLICABILITY TO PREVIOUSLY APPROVED OR EXEMPTED ACTIVITIES- Paragraph (2) of section 10901(e) of title 49, United States Code (as added by subsection (a)), shall apply with respect to any activity referred to in that paragraph for which the Surface Transportation Board issued a certificate authorizing the activity under section 10901 of such title, or exempted the activity from the necessity for such a certificate under section 10502 of such title, before, on, or after the date of the enactment of this Act.

SEC. 104. RECIPROCAL SWITCHING ON COMPETITIVE TERMS.

Section 11102(c) is amended--

(1) by striking `may require' in paragraph (1) and inserting `shall require';

(2) by striking `may establish' in paragraph (1) inserting `shall establish'; and

(3) by adding at the end the following:

`(3) In making any finding for the purposes of the first sentence of paragraph (1), the Board may not require that there be evidence of anticompetitive conduct by a rail carrier from which access is sought.'.

SEC. 105. AREAS OF INADEQUATE RAIL COMPETITION.

(a) Designation and Remedies-

(1) IN GENERAL- Chapter 105 is amended by adding at the end the following:

`Sec. 10503. Areas of inadequate rail competition

`(a) DESIGNATION- The Board shall designate any State or part of a State as an area of inadequate rail competition after finding either of the grounds set forth in subsection (b). An area of inadequate rail competition may be limited to be composed of the facilities of a group of shippers or receivers of one or more specific commodities within a geographic area.

`(b) GROUNDS FOR DESIGNATION- The grounds for designating a State or part of a State as an area of inadequate rail competition are as follows:

`(1) The State or part of a State encompasses a significant number of rail shipping origins and destinations that are served exclusively by only one Class I railroad.

`(2) A significant number of the persons that ship by rail or receive rail shipments in the State or part of a State--

`(A) usually find it necessary to pay rates for the rail shipments that exceed the rates necessary to yield recovery by the rail carrier of 180 percent of revenue-variable costs, as determined under standards applied in the administration of section 10707(d); or

`(B) has experienced competitive disadvantage in the marketplace or other economic adversity because of high cost or poor quality of rail service in the State or part of a State, as the case may be.

`(c) AUTHORIZED PETITIONERS- The following persons may petition the Board for a designation of a State or part of a State as an area of inadequate rail competition:

`(1) The Governor from the State.

`(2) A Member of Congress from the State.

`(3) As provided in section 10504, the Rail Customer Advocate of the Department of Agriculture and any State official referred to in subsection (a)(2) of such section.

`(d) ACTIONS- Upon designating a State or a part of a State as an area of inadequate rail competition, the Board shall attempt to resolve, within 60 days after the date of the designation, the conditions described in subsection (b) that justify the designation. In addition to providing other remedies authorized by law, the Board may, when requested in a petition, order any of the following actions:

`(1) Provision of reciprocal switching and access to tracks of another rail carrier beyond the limits specified in section 11102(a) of this title.

`(2) Haulage transportation of railroad cars by a rail carrier to or from facilities that such carrier alone physically serves on behalf of another rail carrier, for a fee prescribed by the Board.

`(3) Regarding rates on any rail segments within or connected to the area of inadequate rail competition on which rail service is susceptible to delay or interruption due to traffic congestion--

`(A) expedited review of the reasonableness of the rates under section 10701(d)(3); or

`(B) expedited final offer arbitration of the reasonableness of the rates under section 11708(e).

`(4) Expedited review, under section 10701(d)(3), of the reasonableness of--

`(A) increases in rates or other charges; and

`(B) new transportation service tariffs.

`(5) Expedited review of whether a rate violates the prohibition against discriminatory rates contained in section 10741, without regard to subsection (b)(2) of such section.

`(e) Limitations and Conditions Applicable to Specific Remedies-

`(1) In the case of a petition for an order for reciprocal switching or access to tracks of another rail carrier under subsection (d)(1), the Board may not require that there be evidence of anticompetitive conduct by a rail carrier as a prerequisite for ordering such action.

`(2) In the case of a petition for expedited review of rates or final offer arbitration of rates under subsection (d)(3)--

`(A) the Board or arbitrator or panel of arbitrators, as the case may be, shall accord, with respect to rail transportation of a specific commodity, significant persuasive weight to evidence comparing--

`(i) rates charged for rail transportation of various quantities of that commodity within the area of inadequate rail competition; and

`(ii) rates charged for rail transportation of similar quantities of that commodity or any similar commodity or commodities in areas where there is competition among rail carriers for shipments of such commodity or commodities; and

`(B) the Board or arbitrator or panel of arbitrators, as the case may be, shall not apply the stand-alone cost test that the Board applies in determining the reasonableness of rates reviewed in cases not involving rail service in an area of inadequate rail competition.

`(3) In the case of a petition for expedited review, under subsection (d)(4), of an increase of a rate or other charge or the imposition of a new service tariff by a rail carrier--

`(A) the rail carrier shall have the burden of proving the reasonableness of the increase or tariff charge; and

`(B) the Board shall consider any evidence comparing--

`(i) the increased rate or other charge, or the tariff charge, as the case may be; and

`(ii) corresponding rates, other charges, or new service tariff charges, respectively, imposed for rail transportation in areas where there is a significant level of competition among the rail carriers.'.

(2) CLERICAL AMENDMENT- The chapter analysis for chapter 105 is amended by inserting

after the item relating to section 10502 the following:

`10503. Areas of inadequate rail competition.'.

(b) Study and Report on Areas of Inadequate Rail Competition-

(1) STUDY REQUIRED- The Rail Customer Advocate of the Department of Agriculture shall carry out a study of the process provided under section 10503 of title 49, United States Code (as added by subsection (a)), for challenging and remedying conditions described in subsection (b) of such section in States and parts of States designated under such section as areas of inadequate rail competition insofar as such conditions adversely affect rail shippers of agricultural or forestry commodities and products.

(2) FINDINGS ON EFFECTIVENESS OF PROCESS- The Rail Customer Advocate shall make findings, on the basis of the study under paragraph (1), regarding the effectiveness of the process for remedying the conditions studied, particularly in the case of customers that ship agricultural or forestry commodities and products by rail in annual volumes of 1,500 rail cars or less.

(3) REPORT- Not later than 3 years after the date of the enactment of this Act, the Rail Customer Advocate shall submit to Congress a report on the results of the study under paragraph (1), including the findings required under paragraph (2).

TITLE II--RAIL SERVICE

SEC. 201. RAIL SERVICE.

(a) PUBLIC NOTICE- The Board shall, within 7 days after receipt of a formal or informal complaint by the Board or any Member or staff of the Board, post on the Board's internet web site information identifying the railroad in question, the general geographic area of the customer's movement, a general description of the service complaint, the date upon which the service problem occurred and the date notice of the service complaint was made to the Board, any Member or staff of the Board. The Board shall not identify the rail customer, unless the customer has consented in writing to the release of this information. When and if the service complaint is resolved, whether or not by action of the Board or any Member or staff of the Board, the Board shall amend the information posted to indicate that the service complaint has been resolved, the means of its resolution, and the date of its resolution.

(b) ANNUAL REPORT TO CONGRESS- The Board shall, by March 15th of each year, file with Congress, and post on its internet web site, a comprehensive report on the service complaints received in the previous calendar year for each Class I railroad, including all of the information posted for such service complaints on the internet web site of the Board.

(c) TIME LIMIT ON PETITIONS FOR INJUNCTIVE RELIEF- Section 721 is amended by adding at the end the following:

`(f) TIME LIMIT ON PETITIONS FOR INJUNCTIVE RELIEF- If a complaint is filed and injunctive or similar relief is sought within 20 days after the publication of a new or revised rail rate, rule, or practice, based on an allegation of unlawfulness other than an allegation that a rate level is not reasonable within the meaning of section 10701(d) of this title, the Board shall determine whether or not to grant the requested relief within 90 days of receiving the request. If the moving party establishes that the rule of practice complained of is unlawful per se, there shall be a strong presumption of irreparable harm regardless of the availability of monetary relief. If the Board denies injunctive or similar relief based in whole or in part on the absence of irreparable harm due to the availability of adequate monetary relief, then the Board may award requested monetary damages to the complaining party if that party prevails in its complaint.'.

TITLE III--REASONABLE RATES FOR CAPTIVE RAIL CUSTOMERS

SEC. 301. ARBITRATION OF CERTAIN RAIL RATE, SERVICE, AND OTHER DISPUTES.

(a) In General-

(1) AUTHORITY- Chapter 117 is amended by adding at the end the following:

`Sec. 11708. Arbitration of certain rail rate, service, and other disputes

`(a) ELECTION OF ARBITRATION- A dispute described in subsection (b) shall be submitted for resolution by arbitration upon the election of any party to the dispute that is not a rail carrier.

`(b) COVERED DISPUTES-

`(1) IN GENERAL- Except as provided in paragraph (2), subsection (a) applies to any dispute between a party described in subsection (a) and a rail carrier that--

`(A) arises under section 10701(c), 10701(d), 10702, 10704(a)(1), 10707, 10741, 10745, 10746, 11101(a), 11102, 11121, 11122, or 11706 of this title; and

`(B) involves--

`(i) the payment of money;

`(ii) a rate or charge imposed by the rail carrier; or

`(iii) transportation or other service by the rail carrier.

`(2) EXCEPTION- Subsection (a) does not apply to a dispute if the resolution of the dispute would necessarily involve the promulgation of regulations generally applicable to all rail carriers.

`(c) ARBITRATION PROCEDURES- The Secretary of Transportation shall prescribe in regulations the procedures for the resolution of disputes submitted for arbitration under subsection (a). The regulations shall include the following:

`(1) Procedures, including time limits, for the selection of an arbitrator or panel of arbitrators for a dispute from among arbitrators listed on the roster of arbitrators established and maintained by the Secretary under subsection (d)(1).

`(2) Policies, requirements, and procedures for the compensation of each arbitrator for a dispute to be paid by the parties to the dispute.

`(3) Procedures for expedited arbitration of a dispute, including procedures for discovery authorized in the exercise of discretion by the arbitrator or panel of arbitrators.

`(d) Selection of Arbitrators-

`(1) IN GENERAL- The Secretary of Transportation shall establish, maintain, and revise as necessary a roster of arbitrators who--

`(A) are experienced in transportation or economic issues within the jurisdiction of the Board or issues similar to those issues;

`(B) satisfy requirements for neutrality and other qualification requirements prescribed by the Secretary;

`(C) consent to serve as arbitrators under this section; and

`(D) are not officers or employees of the United States.

`(2) SMALLER DISPUTES- For a dispute involving an amount not in excess of $1,000,000, the regulations under subsection (c) shall provide for arbitration by a single arbitrator who--

`(A) is selected by the parties to the dispute; or

`(B) if the parties cannot agree, is selected by the Secretary from among the arbitrators listed on the roster of arbitrators under paragraph (1).

`(3) Larger disputes-

`(A) For a dispute involving an amount in excess of $1,000,000, the regulations under subsection (c) shall provide for arbitration by a panel of three arbitrators selected as follows:

`(i) One arbitrator selected by the party electing the arbitration.

`(ii) One arbitrator selected by the rail carrier or all of the rail carriers who are parties to the dispute, as the case may be.

`(iii) One arbitrator selected by the two arbitrators selected under clauses (i) and (ii).

`(B) If a selection of an arbitrator is not made under clause (ii) or (iii) of subparagraph (A) within the time limits prescribed in the regulations, then the Secretary shall select the arbitrator from among the arbitrators listed on the roster of arbitrators under paragraph (1).

`(e) Disputes Over Rates or Charges-

`(1) LIMITATION- The requirements of this subsection apply to a dispute submitted under this section concerning a rate or charge imposed by a rail carrier.

`(2) Awards-

`(A) Subject to subparagraph (B), the decision of an arbitrator or panel of arbitrators in a dispute on an issue described in paragraph (1) shall be the final offer of one of the parties to the dispute.

`(B) A decision under subparagraph (A) may not provide for a rate for transportation by a rail carrier that would result in a revenue-variable cost percentage for such transportation that is less than 180 percent, as determined under standards applied in the administration of section 10707(d).

`(3) RATE AND CHARGE DISPUTES- If the party electing arbitration of a dispute described in paragraph (1) seeks compensation for damages incurred by the party as a result of a specific rate or charge imposed by a rail carrier for the transportation of items for the party and the party alleges an amount of damages that does not exceed $500,000 for any year as a result of the imposition of the specific rate or charge, the arbitrator, in making a decision on the dispute, shall consider the rates or charges, respectively, that are imposed by rail carriers for the transportation of similar items under similar circumstances in rail transportation markets where there is effective competition, as determined under standards applied by the Board in the administration of section 10707(a).

`(f) TIME FOR ISSUANCE OF ARBITRATION DECISION- Notwithstanding any other provision of this subtitle limiting the time for the taking of an action under this subtitle, the arbitrator or panel of arbitrators for a dispute submitted for resolution under this section shall issue a final decision on the dispute within the maximum period after the date on which the arbitrator or panel is selected to resolve the dispute under this section, as follows:

`(1) In the case of a dispute involving $1,000,000 or less, 120 days.

`(2) In the case of a dispute involving more than $1,000,000, 180 days.

`(g) AUTHORIZED RELIEF- A decision of an arbitrator or panel of arbitrators under this section shall grant relief in either or both of the following forms:

`(1) Monetary damages, to the extent authorized to be provided by the Board in such a dispute under this subtitle.

`(2) An order that requires specific performance under any applicable law, including any law limiting rates to reasonable rates, for any period not in excess of 2 years beginning on the date of the decision.

`(h) JUDICIAL CONFIRMATION AND REVIEW- The following provisions of title 9 shall apply to an arbitration decision issued in a dispute under this section:

`(1) Section 9 (relating to confirmation of an award in an arbitration decision), which shall be applied as if the parties had entered into an agreement under title 9 to submit the dispute to the arbitration and had provided in that agreement for a judgment of an unspecified court to be entered on the award made pursuant to the arbitration.

`(2) Section 10 (relating to judicial vacation of an award in an arbitration decision).'.

(2) CLERICAL AMENDMENT- The chapter analysis for chapter 117 is amended by inserting after the item relating to section 11707 the following: The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 11707 the following:

`11708. Arbitration of certain rail rate, service, and other disputes.'.

(b) TIME FOR IMPLEMENTING CERTAIN REQUIREMENTS- Not later than 180 days after the date of the enactment of this Act, the Secretary of Transportation shall promulgate regulations, prescribe a roster of arbitrators, and complete any other action that is necessary for

the implementation of section 11708 of title 49, United States Code (as added by subsection (a)).

SEC. 302. FILING FEES ON PETITIONS FOR CAPTIVE RATE RELIEF.

Section 721 is amended by adding at the end the following:

`(f) LIMITATION ON FEES- The Board may not charge a fee for the filing of a complaint, protest, or other request for relief in an amount greater than fees charged by district courts of the United States for a comparable filing.'.

SEC. 303. RATE REASONABLENESS.

Section 10701(d) is amended by adding at the end the following:

`(4)(A) Not later than one year after the date of enactment of the Railroad Competition Act of 2005, the Board shall adopt an alternative method for determining the reasonableness of rail rates using the railroad's actual costs, including a portion of fixed costs and an adequate return on equity. The method shall permit a final determination within nine months of filing a complaint, shall ensure that necessary cost, financial and operational information is available, and shall not require excessive litigation costs.

`(B) The Board may not, on or after the date of enactment of that Act, use any method for determining the reasonableness of challenged rail rates based on the costs of a hypothetical competitor, except in a proceeding pending on the date of enactment of that Act or where the complainant so elects. The simplified and expedited method for determining the reasonableness of challenged rail rates provided for in paragraph (3) shall remain available at the election of qualifying complainants.

`(C) The Board shall adopt a method for applying the `phasing constraint' in its existing rail rate method so that it can be practically administered without substantial litigation-related costs in any proceeding involving a challenge to a rail rate in which the Board determines that the phasing constraint applies.

`(5) Upon a challenge made by a shipper to the reasonableness of any rate established by a rail carrier in accordance with subsection (c) or section 11101(a), the Board shall determine the reasonableness of the rate without regard to whether--

`(A) the rate is for part of a movement between a point of origin and a destination;

`(B) the shipper has made arrangements for transportation for any other part of that movement; or

`(C) the shipper currently has a contract with a rail carrier for any part of the rail traffic involved, except that any rate prescribed by the Board shall not apply to transportation covered by such a contract.'.

TITLE IV--MISCELLANEOUS

SEC. 401. RAIL CUSTOMER ADVOCATE IN THE DEPARTMENT OF AGRICULTURE.

(a) Participation of Rail Customer Advocate in STB Proceedings-

(1) AUTHORITY AND RESPONSIBILITIES- Chapter 105, as amended by section 105 of this Act, is further amended by adding at the end the following:

`Sec. 10504. Participation of Rail Customer Advocate in Board proceedings

`(a) AUTHORITY- The following persons are authorized to petition the Board for an exercise of authority of the Board regarding rail transportation of any agricultural or forestry commodity or product, and to participate in any proceeding of the Board regarding rail transportation of such a commodity or product:

`(1) The Rail Customer Advocate of the Department of Agriculture.

`(2) Any official of the government of a State whose functions are the same as or similar to the functions of the Rail Customer Advocate of the Department of Agriculture.

`(b) Consideration of Presentations by Advocate-

`(1) The Board shall accord significant persuasive weight to any material evidence, proposal, or view that is presented by an official referred to in subsection (a) with respect to rail transportation of an agricultural or forestry commodity or product.

`(2) In disposing of any matter before the Board in which an official referred to in subsection (a) has participated under the authority of such subsection, the Board shall present in writing a detailed explanation of any disagreement of the Board with matters presented to the Board by that official.'.

(2) CLERICAL AMENDMENT- The chapter analysis for chapter 105, as amended by section 105, is further amended by inserting after the item relating to section 10503 the following:

`10504. Participation of Rail Customer Advocate in Board proceedings.'.

(b) Establishment and Duties-

(1) IN GENERAL- Subtitle I of title II of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 7005) is amended by adding at the end the following:

`SEC. 286. RAIL CUSTOMER ADVOCATE.

`(a) ESTABLISHMENT OF OFFICE- There is established within the Department an Office of Rail Customer Advocacy.

`(b) Rail Customer Advocate-

`(1) APPOINTMENT- The Secretary shall appoint the Rail Customer Advocate.

`(2) HEAD OF OFFICE- The Rail Customer Advocate is the head of the Office of Rail Customer Advocacy.

`(c) FUNCTIONS- The Rail Customer Advocate has the following functions:

`(1) PARTICIPATION IN STB PROCEEDINGS- To participate as a party in proceedings of the Surface Transportation Board on petitions for action by the Board regarding the regulation of rail transportation of agricultural or forestry commodities or products, and to initiate any such action.

`(2) COMPILATION OF INFORMATION- To collect, compile, and maintain information regarding the cost and efficiency of rail transportation of agricultural commodities and products and forestry commodities and products.

`(3) STUDIES- To perform studies regarding rail transportation of agricultural commodities and products and forestry commodities and products.

`(d) ACCESS TO STB INFORMATION- To carry out the functions under subsection (c), the Rail Customer Advocate shall have access to information, including databases, of the Surface Transportation Board.'.

(2) CONFORMING AMENDMENTS- Section 296(b) of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 7014(b)) is amended--

(A) by striking `or' after the semicolon in paragraph (4);

(B) by striking `218.' in paragraph (5) and inserting `218; or'; and

(C) by adding at the end the following:

`(6) the establishment of the Office of Rail Consumer Advocacy of the Department under section 286.'.

SEC. 402. STUDY OF COMPETITION AMONG RAIL CARRIERS.

(a) REQUIREMENT FOR STUDY- Chapter 101 is amended by adding at the end the following:

`Sec. 10103. Study of rail carrier competition and processes of the Board

`(a) REQUIREMENT FOR STUDY- Within 2 years after the date of enactment of the Railroad Competition Act of 2005, the Secretary of Transportation shall conduct a comprehensive study of rail carrier competition and the processes of the Board, after consulting with the Department of Justice, the Department of Energy, the Department of Defense, the Department of Agriculture, rail users and railroads. The study shall include an assessment of--

`(1) the availability of effective competitive options among and between rail carriers;

`(2) the effectiveness of the processes of the Board, including the process used for determining the reasonableness of rates of rail carriers;

`(3) the availability to rail users of effective regulatory dispute resolution options;

`(4) the Board's implementation of the Railroad Competition Act of 2005; and

`(5) the overall level of rail-to-rail competition in serving rail users in the United States.

`(b) REPORT TO CONGRESS- Not later than November 15 of the year in which the study is conducted under subsection (a), the Secretary shall submit a report on the results of the study to Congress. The report shall include--

`(1) the Secretary's assessment of the overall level of rail-to-rail competition in the rail carrier industry in the United States;

`(2) the markets that have limited rail-to-rail competition;

`(3) recommendations for enhancing rail-to-rail competition, particularly in markets identified as having limited rail-to-rail competition;

`(4) an assessment of the Board's performance of its purpose to promote and enhance competition among and between railroads by--

`(A) implementing the provisions and policies of the Railroad Competition Act of 2005;

`(B) addressing complaints regarding rates, charges, and service; and

`(C) promulgating regulations of general applicability or taking other actions;

`(5) recommendations for modification of any of the decisions of the Board (or decisions of the former Interstate Commerce Commission continuing in effect) or for modification of the general authority or jurisdiction of the Board; and

`(6) any other findings, analyses, assessments, and recommendations that result from the study.

`(c) UPDATES- The Secretary shall update the study every 3 years after the initial study is completed and report the results to the Congress.'.

(b) CLERICAL AMENDMENT- The chapter analysis for chapter 101 is amended by inserting after the item relating to section 10102 the following:

`10103. Periodic study of rail carrier competition and processes of the Board'.

TITLE V--REHABILITATION, IMPROVEMENT, AND SECURITY FINANCING

SEC. 501. REHABILITATION AND IMPROVEMENT FINANCING.

(a) DEFINITIONS- Section 102(7) of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 802(7)) is amended to read as follows:

`(7) `railroad' has the meaning given that term in section 20102 of title 49, United States Code; and'.

(b) GENERAL AUTHORITY- Section 502(a) of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 822(a)) is amended by striking `Secretary may provide direct loans and loan guarantees to State and local governments,' and inserting `Secretary shall provide direct loans and loan guarantees to State and local governments, agreements or interstate compacts consented to by Congress under section 410(a) of Public Law 105-134 (49 U.S.C. 24101 nt),'.

(c) EXTENT OF AUTHORITY- Section 502(d) of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 822(d)) is amended--

(1) by striking `$3,500,000,000' and inserting `$35,000,000,000';

(2) by striking `$1,000,000,000' and inserting `$7,000,000,000'; and

(3) by adding at the end `The Secretary shall not establish any limit on the proportion of the unused amount authorized under this subsection that may be used for 1 loan or loan guarantee.'.

(d) COHORTS OF LOANS- Section 502(f) of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 822(f)) is amended--

(1) by striking `and' after the semicolon in subparagraph (D) of paragraph (1);

(2) by redesignating subparagraph (E) of paragraph (1) as subparagraph (F);

(3) by inserting after subparagraph (D) of paragraph (1) the following:

`(E) the size and characteristics of the cohort of which the loan or loan guarantee is a member; and'; and

(4) by adding at the end of paragraph (4) `A cohort may include loans and loan guarantees. The Secretary shall not establish any limit on the proportion of a cohort that may be used for 1 loan or loan guarantee.'.

(e) CONDITIONS OF ASSISTANCE- Section 502 of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 822) is amended--

(1) by striking `offered;' in subsection (f)(2)(A) and inserting `offered, if any;'; and

(2) by adding at the end of subsection (h) `The Secretary shall not require an applicant for a direct loan or loan guarantee under this section to provide collateral. The Secretary shall not require that an applicant for a direct loan or loan guarantee under this section have previously sought the financial assistance requested from another source. The Secretary shall require recipients of direct loans or loan guarantees under this section to apply the standards of section 22301(b) and (c) of title 49, United States Code, to their projects.'.

(f) TIME LIMIT FOR APPROVAL OR DISAPPROVAL- Section 502 of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 822) is amended by adding at the end the following:

`(i) TIME LIMIT FOR APPROVAL OR DISAPPROVAL- Not later than 180 days after receiving a complete application for a direct loan or loan guarantee under this section, the Secretary shall approve or disapprove the application.'.

(g) FEES AND CHARGES- Section 503 of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 823) is amended--

(1) by adding at the end of subsection (k) `Funds received by the Secretary under the preceding sentence shall be credited to the appropriation from which the expenses of making such appraisals, determinations, and findings were incurred.'; and

(2) by adding at the end the following:

`(l) FEES AND CHARGES- Except as provided in this title, the Secretary may not assess any fees, including user fees, or charges in connection with a direct loan or loan guarantee provided under section 502.'.

(h) SUBSTANTIVE CRITERIA AND STANDARDS- Not later than 30 days after the date of the enactment of this Act, the Secretary of Transportation shall publish in the Federal Register and post on the Department of Transportation website the substantive criteria and standards used by the Secretary to determine whether to approve or disapprove applications submitted under section 502 of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 822).

(i) OPERATORS AND SERVICE PROVIDERS DEEMED RAIL CARRIERS- Section 502 of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 822), as amended by subsection (f), is amended by adding at the end the following:

`(j) OPERATORS AND CERTAIN SERVICE PROVIDERS DEEMED RAIL CARRIERS- A person that conducts rail operations, or performs catering, cleaning, construction, maintenance, or other services for rail operations, funded or otherwise receiving assistance under this section is deemed to be a rail carrier for purposes of part A of subtitle IV of title 49, United States Code, when so operating or performing such services.'.

END