S 158
112th CONGRESS
1st Session
S. 158
To reauthorize the Surface Transportation Board, and for other
purposes.
IN THE SENATE OF THE UNITED STATES
January 25 (legislative day, JANUARY 5), 2011
Mr. ROCKEFELLER (for himself and Mrs. HUTCHISON) introduced the following
bill; which was read twice and referred to the Committee on Commerce,
Science, and Transportation
A BILL
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.
This Act may be cited as the `Surface Transportation Board Reauthorization
Act of 2011'.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 2. Table of contents.
Sec. 3. Amendment of title 49, United States Code.
TITLE I--ADMINISTRATIVE PROVISIONS
Sec. 101. Authorization of appropriations.
Sec. 103. Establishment of Board as independent agency.
Sec. 104. Filing fees for certain cases.
Sec. 105. Repeal of expired and obsolete provisions.
Sec. 106. Department of Transportation Inspector General authority.
Sec. 107. Railroad-Shipper Transportation Advisory Council.
TITLE II--AUTHORITY IMPROVEMENTS
Sec. 201. Rail transportation policy update.
Sec. 202. Office of Public Assistance, Governmental Affairs, and Compliance.
Sec. 203. Investigative authority.
Sec. 204. Compilation of complaints.
Sec. 205. Exempt traffic.
Sec. 206. Railroad service metrics and performance data.
Sec. 207. Uniform railroad costing system.
Sec. 208. Replacement cost study.
Sec. 209. Rail practices study.
Sec. 210. Rail car interchange study.
Sec. 211. Offers of financial assistance.
Sec. 212. Adverse abandonments.
Sec. 213. Emergency service orders.
Sec. 214. Rate agreements.
Sec. 215. Miscellaneous provisions.
TITLE III--REGULATORY REFORM
Sec. 301. Paper barriers.
Sec. 302. Bottleneck and terminal switching rates.
Sec. 303. Terminal access.
Sec. 305. Arbitration of certain rail rate, practice, and common carrier
service expectation disputes.
Sec. 306. Maximum relief in certain rate cases.
Sec. 307. Advance rate challenge.
Sec. 308. Rate review timelines.
Sec. 309. Revenue adequacy study.
Sec. 310. Public usage of abandoned rail properties.
Sec. 312. Considerations in consolidations, mergers, and acquisitions.
Sec. 313. Railroad development.
Sec. 314. Regulatory reform review.
TITLE IV--TECHNICAL CORRECTIONS
Sec. 401. Technical corrections to Public Law 110-432.
TITLE V--MISCELLANEOUS
Sec. 501. Effective dates.
SEC. 3. 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--ADMINISTRATIVE PROVISIONS
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Section 705 is amended by striking paragraphs (1) through (3) and inserting
the following:
`(1) $40,370,000 for fiscal year 2011;
`(2) $47,518,000 for fiscal year 2012;
`(3) $40,834,000 for fiscal year 2013;
`(4) $44,315,000 for fiscal year 2014; and
`(5) $47,971,000 for fiscal year 2015.'.
SEC. 102. BOARD MEMBERS.
(a) MEMBERSHIP- Section 701(b) is amended--
(1) by striking `3 members,' in paragraph (1) and inserting `5 members,';
(2) by striking `2 members' in paragraph (1) and inserting `3 members';
and
(3) by striking paragraph (2) and inserting the following:
`(2) At any given time, at least 3 members of the Board shall be individuals
with professional standing and demonstrated knowledge in the fields
of transportation, transportation regulation, or economic regulation,
and at least 2 members shall be individuals with professional or business
experience (including agriculture or other rail customers) in the private
sector.'.
(b) REPEAL OF HOLDOVER LIMITATION- Section 701(b) is amended by striking
`qualified, but for a period not to exceed one year.' in paragraph (3)
and inserting `qualified.'.
(c) REPEAL OF OBSOLETE PROVISION- Section 701(b) is amended--
(1) by striking paragraph (4) and redesignating paragraphs (5), (6),
and (7) as paragraphs (4), (5), and (6), respectively; and
(2) by striking `In the case of an individual who becomes a member
of the Board pursuant to paragraph (4), or an individual' in paragraph
(4), as redesignated, and inserting `An individual'.
SEC. 103. ESTABLISHMENT OF BOARD AS INDEPENDENT AGENCY.
(a) IN GENERAL- Section 701(a) is amended to read as follows:
`(a) Establishment of Board- The Surface Transportation Board is an
independent establishment of the United States Government.'.
(b) Conforming Amendments-
(1) ADMINISTRATIVE PROVISIONS- Section 703 is amended--
(A) by striking subsections (a), (c), (f), and (g);
(B) by redesignating subsections (b), (d), and (e) as subsections
(a), (b), and (c), respectively; and
(C) by adding at the end thereof the following:
`(d) SUBMISSIONS AND TRANSMITTALS- Whenever the Board submits or transmits
any budget estimate, budget request, supplemental budget estimate, or
other budget information, legislative recommendation, prepared testimony
for congressional hearings, or comment on legislation to the President
or to the Office of Management and Budget, it shall concurrently transmit
a copy thereof to the Senate Committee on Commerce, Science, and Transportation
and the House of Representatives Committee on Transportation and Infrastructure.
No officer or agency of the United States shall have any authority to
require the Board to submit its budget requests or estimates, legislative
recommendations, prepared testimony for congressional hearings, or comments
on legislation to any officer or agency of the United States for approval,
comments, or review, prior to the submission of such recommendations,
testimony, or comments to the Congress.'.
(2) ADMINISTRATIVE SUPPORT-
(A) Subchapter II of chapter 7 is amended by striking section 725.
(B) The table of contents for chapter 7 is amended by striking the
item relating to section 725.
SEC. 104. FILING FEES FOR CERTAIN CASES.
(a) IN GENERAL- Subchapter II of chapter 7, as amended by section 103(b)(2)(A)
of this Act, is amended by inserting after section 724 the following:
`725. Filing fees
`The Board may not require a party to pay a filing fee to bring a formal
complaint before the Board that is greater than the fee provided by
section 1914 of title 28 for bringing a civil action in a district court
of the United States.'.
(b) CONFORMING AMENDMENT- The table of contents for chapter 7 is amended
by inserting after the item relating to section 724 the following:
SEC. 105. REPEAL OF EXPIRED AND OBSOLETE PROVISIONS.
(a) CONTRACT LIMITATION- Section 10709 is amended by striking subsection
(h).
(1) Section 723 is amended--
(A) by striking `in the District of Columbia,' in subsection (a);
and
(B) by striking `in the District of Columbia' in subsection (c).
(2) Section 724(a) is amended by striking `in the District of Columbia'
each place it appears.
SEC. 106. DEPARTMENT OF TRANSPORTATION INSPECTOR GENERAL AUTHORITY.
(a) IN GENERAL- Subchapter II of chapter 7 is amended--
(1) by redesignating section 727 as section 728; and
(2) by inserting after section 726 the following:
`727. Authority of the Inspector General
`(a) IN GENERAL- The Inspector General of the Department of Transportation,
in accordance with the mission of the Inspector General to prevent and
detect fraud and abuse, shall have authority to review only the financial
management, property management, and business operations of the Surface
Transportation Board, including internal accounting and administrative
control systems, to determine compliance with applicable Federal laws,
rules, and regulations.
`(b) DUTIES- In carrying out this section, the Inspector General shall--
`(1) keep the Chairman of the Board and the Senate Committee on Commerce,
Science, and Transportation and the House of Representatives Committee
on Transportation and Infrastructure fully and currently informed
about problems relating to administration of the internal accounting
and administrative control systems of the Board;
`(2) issue findings and recommendations for actions to address such
problems; and
`(3) report periodically to the Senate Committee on Commerce, Science,
and Transportation and the House of Representatives Committee on Transportation
and Infrastructure on any progress made in implementing actions to
address such problems.
`(c) ACCESS TO INFORMATION- In carrying out this section, the Inspector
General may exercise authorities granted to the Inspector General under
subsections (a) and (b) of section 6 of the Inspector General Act of
1978 (5 U.S.C. App.).
`(d) Authorizations of Appropriations-
`(1) FUNDING- There are authorized to be appropriated to the Secretary
of Transportation for use by the Inspector General of the Department
of Transportation such sums as may be necessary to cover expenses
associated with activities pursuant to the authority exercised under
this section.
`(2) REIMBURSABLE AGREEMENT- In the absence of an appropriation under
this subsection for an expense referred to in paragraph (1), the Inspector
General and the Board shall have a reimbursable agreement to cover
such expense.'.
(b) CONFORMING AMENDMENT- The table of contents for chapter 7 is amended
by striking the item relating to section 701 and inserting the following:
`727. Authority of the Inspector General
SEC. 107. RAILROAD-SHIPPER TRANSPORTATION ADVISORY COUNCIL.
(1) by striking `and' after the semicolon in subsection (a)(2)(A);
(2) by striking `railroads.' in subsection (a)(2)(B) and inserting
`railroads; and';
(3) by adding at the end of subsection (a)(2) the following:
`(C) the ninth voting member shall be a member-at-large, and may
be a representative of rail labor, a State or local transportation
agency, an academic institution, or other relevant entity selected
by the Chairman.';
(4) by striking the second sentence of subsection (a)(4); and
(5) by striking the first sentence of subsection (f)(4) and inserting
`The Council shall prepare an annual report concerning its activities
and the results of Council efforts to resolve railroad and shipper
issues and shall include in the report at least one recommendation
to the Board stemming from the Council's activities and any proposal
regarding regulations or legislation it considers appropriate.'.
TITLE II--AUTHORITY IMPROVEMENTS
SEC. 201. RAIL TRANSPORTATION POLICY UPDATE.
Section 10101 is amended to read as follows:
`10101. Rail transportation policy
`In regulating the railroad industry, it is the policy of the United
States Government to balance the following objectives:
`(1) To promote a safe and efficient rail transportation system.
`(2) To allow, to the maximum extent possible, competition and the
demand for services to establish reasonable rates for transportation
by rail.
`(3) To protect rail shippers and to maintain reasonable rates where
there is an absence of effective competition and where rail rates
provide revenues that exceed the amount necessary to maintain and
expand the rail system and to attract capital.
`(4) To foster the continuation and expansion of a sound rail transportation
system while also preserving effective competition among rail carriers
and with other modes to meet the needs of the public and National
defense.
`(5) To ensure that rail carriers can earn adequate revenues to provide
and sustain consistent, efficient, and reliable transportation services
and to maintain and expand rail infrastructure, equipment, and technology.
`(6) To prohibit predatory pricing and practices, avoid undue concentrations
of market power, and to prohibit unlawful discrimination.
`(7) To provide fair and expeditious regulatory decisions and ensure
that the regulatory process is accessible and cost-effective for all
affected parties.
`(8) To advance the environmental and energy efficiency advantages
of rail transportation and encourage energy conservation and environmentally-responsible
practices among rail carriers.
`(9) To foster intercity and commuter rail passenger service.
`(10) To encourage fair wages and safe and suitable working conditions
in the railroad industry.'.
SEC. 202. OFFICE OF PUBLIC ASSISTANCE, GOVERNMENTAL AFFAIRS, AND COMPLIANCE.
(a) IN GENERAL- Subchapter II of chapter 7, as amended by section 106
of this Act, is further amended--
(1) redesignating section 728 (as redesignated by section 106 of this
Act) as section 729; and
(2) by inserting after section 727 the following:
`728.Office of Public Assistance, Governmental Affairs, and Compliance
`(a) IN GENERAL- The Board shall maintain an Office of Public Assistance,
Governmental Affairs, and Compliance with authority over public assistance
and outreach, governmental affairs, and compliance. The Office shall--
`(1) mediate disputes between affected parties;
`(2) monitor rail carrier operations subject to the Board's jurisdiction
to ensure that such operations are in compliance with each rail carrier's
statutory and regulatory responsibilities;
`(3) act as the Board's point of contact with government, public and
private parties;
`(4) facilitate communication among stakeholders subject to the Board's
jurisdiction; and
`(5) carry out other duties and powers prescribed by the Board.
`(b) CUSTOMER ADVOCATE- The Board shall appoint a rail customer advocate
who shall report directly to the Board. The rail customer advocate--
`(1) shall review or investigate rail customer inquiries and complaints;
`(2) shall serve as a technical advisor to a rail customer in any
appropriate proceeding of the Board;
`(3) shall advise the Board in certain matters, as appropriate;
`(4) shall review information regarding the cost and efficiency of
rail transportation;
`(5) shall carry out other duties and powers prescribed by the Board;
and
`(6) may participate as a party in a proceeding of the Board, as appropriate.
`(c) OMBUDSMAN- The Board may designate an employee of the Board to
serve as an ombudsman of the Board in regional or local matters of Board
interest, including matters related to railroad service, mergers and
acquisitions, or any other matter designated by the Board.'.
(b) CONFORMING AMENDMENT- The table of contents for chapter 7, as amended
by section 106 of this Act, is amended by striking the item relating
to section 728 and inserting the following:
`728. Office of Public Assistance, Governmental Affairs, and Compliance
SEC. 203. INVESTIGATIVE AUTHORITY.
(a) AUTHORITY TO INITIATE INVESTIGATION- Section 11701(a) is amended
by striking `only on complaint.' and inserting `on the Board's own initiative
or on complaint.'.
(b) RATE PROCEEDINGS- Section 10704(b) is amended by striking the first
sentence and inserting `The Board may begin a proceeding under subsection
(a)(1) on its own initiative or upon complaint, except that a proceeding
to determine the reasonableness of the level of a rate charged by a
carrier may only be initiated upon complaint.'.
SEC. 204. COMPILATION OF COMPLAINTS.
(a) In General- Section 704 is amended--
(1) by striking the section heading and inserting the following:
`704. Reports
';
(2) by inserting `(a) ANNUAL REPORT- ' before `The Board'; and
(3) by adding at the end the following:
`(1) The Board shall establish and maintain a database of complaints
received by the Board.
`(2) The Board shall post a quarterly report of formal and informal
service complaints received by the Board during the previous quarter
that shall include--
`(A) a list of the type of each complaint;
`(B) the geographic region of the complaint; and
`(C) the resolution of the complaint, if appropriate.
`(3) The quarterly report may identify a complainant that submitted
an informal complaint only upon the written consent of the complainant.
`(4) The report shall be posted on the Board's public website.'.
(b) Conforming Amendment- The table of contents for chapter 7 is amended
by striking the item relating to section 704 and inserting the following:
SEC. 205. EXEMPT TRAFFIC.
(a) IN GENERAL- Section 10502 is amended--
(1) by striking `the Board, to the maximum extent consistent with
this part, shall' in subsection (a) and inserting `the Board shall';
and
(2) by striking `title.' in subsection (d) and inserting `title or
to protect shippers from the abuse of market power.'.
(b) CURRENT CLASS EXEMPTIONS- Within 2 years after the date of enactment
of this Act, the Surface Transportation Board shall conclude a study
of class exemptions in effect on the date of enactment of this Act to
determine whether any exemptions should be revoked pursuant to section
10502(d) of title 49, United States Code. In conducting the study, the
Board shall provide public notice and opportunity for comment and conduct
1 or more public hearings. Upon completion of the study, the Board shall--
(1) revise any such exemptions as necessary on the basis of the Board's
findings and conclusions from the study; and
(2) establish a process for the periodic review, and revision as necessary,
of class exemptions.
SEC. 206. RAILROAD SERVICE METRICS AND PERFORMANCE DATA.
(a) REPORTING REQUIREMENTS- Within 2 years after the date of enactment
of this Act, the Surface Transportation Board shall require Class I
railroad carriers and other railroad carriers, as appropriate, to regularly
report railroad service metrics and other performance data as prescribed
by the Board. The metrics and data may include transportation cycle
times and transit times and variations in such times, average train
speed, and terminal dwell time by type of traffic and by geographic
area and other metrics, as determined by the Board.
(b) CONFIDENTIALITY- The Board shall ensure that metrics and other performance
data submitted pursuant to this section and deemed confidential by the
Board are appropriately protected.
SEC. 207. UNIFORM RAILROAD COSTING SYSTEM.
(a) STUDY- Within 180 days after the date of enactment of this Act,
the Surface Transportation Board shall initiate a proceeding to examine
the Uniform Railroad Costing System. The examination shall consider
matters deemed appropriate by the Board.
(b) UPDATE- Within 3 years after the date of enactment of this Act,
the Board shall update, revise, or replace the System and any related
reporting of financial and operating information by rail carriers as
deemed appropriate by the Board based on the examination required by
subsection (a).
(c) Interim Report- Within 18 months after the date of enactment of
this Act, the Board shall submit an interim report on its progress on
the proceeding to the Senate Committee on Commerce, Science, and Transportation
and the House of Representatives Committee on Transportation and Infrastructure.
(d) Movement-Specific Adjustments- Until the Board updates, revises,
or replaces the system pursuant to subsection (b), or thereafter at
the discretion of the Board, parties may make reasonable movement-specific
adjustments to the variable costs calculated by the System in full stand-alone
cost rate challenges.
(e) Material Change Adjustments- If the System is materially changed
pursuant to subsection (b), the Board shall develop a one-time adjustment
factor to be used to adjust the variable costs in rate prescriptions
determined under the changed procedures to equal those that would have
been obtained under the prior procedures, and will apply this adjustment
factor, upon request, in rate prescriptions that are in effect as of
the date of enactment of this Act.
SEC. 208. REPLACEMENT COST STUDY.
(a) STUDY- Within 180 days after the date of enactment of this Act,
the Surface Transportation Board shall initiate a study to review the
use of a replacement cost approach to value the assets of rail facilities.
The review shall include matters deemed appropriate by the Board, but
shall include, at a minimum, consideration of the feasibility, effectiveness,
and appropriateness of using a replacement cost approach in Board proceedings
where replacement costs may be relevant. In conducting the study, the
Board shall provide public notice and opportunity for comment and conduct
1 or more public hearings. The Board shall complete the study within
2 years after its initiation.
(b) Report to Congress- Within 180 days after completion of the study,
the Board shall provide a report to the Senate Committee on Commerce,
Science, and Transportation and the House of Representatives Committee
on Transportation and Infrastructure on its findings.
SEC. 209. RAIL PRACTICES STUDY.
(a) Study- Within 180 days after the date of enactment of this Act,
the Surface Transportation Board shall initiate a study of rail practices,
including switching, surcharges, penalties, demurrage, and accessorial
charges. In conducting the study, the Board shall provide public notice
and opportunity for comment and conduct 1 or more public hearings.
(b) Report to Congress- Within 180 days after completion of the study,
the Board shall provide a report to the Senate Committee on Commerce,
Science, and Transportation and the House of Representatives Committee
on Transportation and Infrastructure on its findings.
SEC. 210. RAIL CAR INTERCHANGE STUDY.
(a) Study- Within 180 days after the date of enactment of this Act,
the Surface Transportation Board shall initiate a study of rail interchange
rules, including car service, interchange, and other operating rules
adopted and administered by the Association of American Railroads and
the effect of those rules on the national rail system. In conducting
the study, the Board shall provide public notice and opportunity for
comment and conduct one or more public hearings.
(b) Report to Congress- Within 180 days after completion of the study,
the Board shall provide a report to the Senate Committee on Commerce,
Science, and Transportation and the House of Representatives Committee
on Transportation and Infrastructure on its findings.
SEC. 211. OFFERS OF FINANCIAL ASSISTANCE.
Section 10904 is amended--
(1) by striking so much of subsection (d) as precedes paragraph (2)
and inserting the following:
`(d)(1) Unless the Board, within 15 days after the expiration of the
4-month period described in subsection (c), finds that one or more financially
responsible persons (including a governmental authority) have offered
financial assistance and established a reasonable likelihood of freight
rail service, public transportation, or intercity rail passenger transportation
over that part of the railroad line to be abandoned or over which all
rail transportation is to be discontinued, abandonment or discontinuance
may be carried out in accordance with section 10903.'; and
(2) by striking `30 days' in subsection (f)(1)(A) and inserting `60
days'.
SEC. 212. ADVERSE ABANDONMENTS.
Section 10903 is amended--
(1) by striking so much of subsection (a) as precedes paragraph (2)
and inserting the following:
`(a)(1) An application relating to the abandonment of or discontinuance
of operation of all rail transportation over any part of a railroad
line shall be filed with the Board. An abandonment or discontinuance
may be carried out only as authorized under this chapter.';
(2) by striking `When a rail carrier providing transportation subject
to the jurisdiction of the Board under this part files an application,
the application' in subsection (a)(2) and inserting `An application
filed under this section';
(3) by striking `rail carrier's' in subsection (a)(2)(A);
(4) by striking `(C)(i)' in subsection (a)(2)(C) and inserting `(C)
if filed by a rail carrier, (i)'; and
(5) by striking `The rail carrier shall--' in subsection (a)(3) and
inserting `The applicant shall--'.
SEC. 213. EMERGENCY SERVICE ORDERS.
Section 11123(c)(1) is amended by striking the second sentence and inserting
`Action by the Board under subsection (a) of this section may be extended
in 90-day increments until the Board finds that the emergency has ended.'.
SEC. 214. RATE AGREEMENTS.
(a) In General- Section 10706 is amended to read as follows:
`10706. Rate agreements
`(a) In General- In any proceeding in which it is alleged that a carrier
was a party to an agreement, conspiracy, or combination in violation
of the Sherman Act (15 U.S.C. 1 et seq.), the Clayton Act (15 U.S.C.
12 et seq.), sections 73 and 74 of the Wilson Tariff Act (15 U.S.C.
8 and 9), or the Act of June 19, 1936 (15 U.S.C. 13, 13a, 13b, 21a)
or of any similar State law, proof of an agreement, conspiracy, or combination
may not be inferred from evidence that two or more rail carriers acted
together with respect to an interline rate or related matter and that
a party to such action took similar action with respect to a rate or
related matter on another route or traffic.
`(b) Inadmissible Evidence- In any proceeding in which such a violation
is alleged, evidence of a discussion or agreement between or among such
rail carrier and one or more other rail carriers, or of any rate or
other action resulting from such discussion or agreement, shall not
be admissible if the discussion or agreement concerned an interline
movement of the rail carrier, and the discussion or agreement would
not, considered by itself, violate the laws referred to in subsection
(a).
`(c) Determination by Court- In any such proceeding before a jury, the
court shall determine whether the requirements of subsection (b) are
satisfied before allowing the introduction of any such evidence.'.
(b) Conforming Amendment- The table of contents for chapter 107 is amended
by striking the item relating to section 10706 and inserting the following:
`10706. Rate agreements'.
SEC. 215. MISCELLANEOUS PROVISIONS.
(a) SIMPLIFIED PROCEDURE- Section 10701(d)(3) is amended to read as
follows:
`(3) The Board shall maintain a simplified and expedited method for
determining the reasonableness of challenged rates in those cases in
which a full stand-alone cost presentation is too costly, given the
value of the case.'.
(b) EXPEDITIOUS HANDLING- Section 10704(d) is amended by striking the
first sentence and inserting `The Board shall maintain procedures to
ensure expeditious handling of challenges to the reasonableness of railroad
rates.'.
TITLE III--REGULATORY REFORM
SEC. 301. PAPER BARRIERS.
(a) Interchange Commitment Defined- Section 10102 is amended--
(1) by redesignating paragraphs (4) through (10) as paragraphs (5)
through (11), respectively; and
(2) by inserting after paragraph (3) the following:
`(4) `interchange commitment' means a contractual agreement between
two or more rail carriers subject to the jurisdiction of the Board
reached as part of a sale or lease of a rail line for which the approval
of the Board is required under chapter 109 or 113 of this part, which
limits the incentive or the ability of the purchaser or tenant rail
carrier to interchange traffic with a rail carrier other than the
seller or lessor rail carrier;'.
(b) Authorizing an Acquisition or Operation Transaction-
(1) Section 10901(c) is amended by adding at the end thereof `The
Board may not issue a certificate authorizing an acquisition or operation
transaction under subsection (a)(4) that includes interchange commitments
or other mechanisms restricting the purchaser's or tenant's ability
to interchange with any other carrier unless such commitments or mechanisms
are reasonable and in the public interest.'.
(2) Section 10902(c) is amended by adding at the end thereof `The
Board may not issue a certificate authorizing an acquisition or operation
transaction under this section that includes interchange commitments
or other mechanisms restricting the purchaser's or tenant's ability
to interchange with any other carrier unless such commitments or mechanisms
are reasonable and in the public interest.'.
(3) Section 11323 is amended by adding at the end thereof the following:
`(d) The Board may not authorize an acquisition or operation transaction
under this section that includes interchange commitments or other mechanisms
restricting the purchaser's or tenant's ability to interchange with
any other carrier unless such commitments or mechanisms are reasonable
and in the public interest.'.
(c) Rights and Remedies for Interchange Commitments- Chapter 117 is
amended by adding at end thereof the following:
`11708. Interchange commitments: rights and remedies
`(a) In General- The Board shall maintain a process to allow affected
persons to challenge existing interchange commitments as contrary to
other provisions of this part. The Attorney General and the Secretary
of Transportation may participate in such proceedings.
`(b) Access to Interchange Commitments- After the filing of a complaint
or petition, the Board shall provide affected persons access, upon request,
to existing and proposed interchange commitments, subject to conditions
protecting the confidentiality of those agreements.
`(c) Redress Authority- The Board shall take appropriate action to address
any conflict between an interchange commitment and the provisions of
this part.
`(1) In general- Except as provided in paragraph (5), if the Board
finds that--
`(A) an interchange commitment is found to be in violation of this
part, and
`(B) the purchaser or tenant rail carrier and the seller or lessor
rail carrier cannot bring the interchange commitment into compliance
with this part within a reasonable period of time,
the Board may require, upon application by the purchaser or tenant
rail carrier, the elimination of the interchange commitment at a price
paid by the purchaser or tenant rail carrier not less than the terms
established under paragraph (2).
`(2) Terms- In the case of an interchange commitment subject to elimination
under paragraph (1), the Board shall determine the fair market value
of an interchange commitment by considering--
`(A) any credits, payments, expenses, or other income paid and due
from the interchange commitment to the seller or lessor rail carrier;
`(B) reasonable financial hardships of the purchaser or tenant rail
carrier due to unreasonable terms, if any, of the interchange agreement;
and
`(C) other relevant factors as determined by the Board.
`(3) Employee protection- The Board shall require protections consistent
with the requirements of section 11326(a) for rail labor employees
who are affected by an action under this subsection.
`(4) Purchaser preconditions- Any purchaser or tenant rail carrier
that buys out an interchange commitment under this subsection may
determine preconditions, such as payment of a subsidy, which must
be met by shippers in order to obtain service over such lines, but
such rail carrier must notify the shippers on the line of its intention
to impose such preconditions.
`(5) Exception- If the Board requires the elimination of an interchange
commitment under paragraph (1), and the purchaser or tenant rail carrier
or the seller or lessor rail carrier demonstrates that the sale or
lease agreement containing the interchange commitment contains a provision
governing the manner in which the agreement may be terminated, the
Board shall permit the agreement to be terminated in accordance with
that provision.
`(6) Definitions- In this subsection:
`(A) Purchaser or tenant rail carrier- The term `purchaser or tenant
rail carrier' means a Class II or Class III rail carrier that purchases
or leases a rail line that is subject to terms of an interchange
commitment.
`(B) Seller or lessor rail carrier- The term `seller or lessor rail
carrier' means a Class I rail carrier that leased or sold a rail
line subject to terms of an interchange commitment.
`(e) Deadline for Completion of Proceeding- The Board shall complete
any proceeding under this section within 180 days after the close of
the administrative record.'.
(d) Railroad Rehabilitation and Improvement Financing-
(1) Section 502(b)(1) of the Railroad Revitalization and Regulatory
Reform Act of 1976 (45 U.S.C. 822(b)(1)) is amended--
(A) by striking `or' after the semicolon in subparagraph (B);
(B) by striking `facilities.' in subparagraph (C) and inserting
`facilities; or'; and
(C) by inserting after subparagraph (C) the following:
`(D) provide financial assistance to purchase or lease a rail line
subject to terms established by the Surface Transportation Board
under section 11708(d) of title 49, United States Code.'.
(2) Section 502 of that Act (45 U.S.C. 822) is amended--
(A) by adding at the end of subsection (e) the following:
`(3) Interest rate reduction- Subject to the availability of funds
authorized by subsection (k), the Secretary may reduce the interest
to be paid on direct loans provided to a Class II or Class III rail
carrier for the purpose of subsection (b)(1)(D).';
(B) in subsection (f)(1)--
(i) by inserting `or private insurance, including bond insurance,'
after `in part credit risk'; and
(ii) by inserting `or insurance, including bond insurance,' after
`authority and credit risk';
(C) by striking `amounts.' in subsection (f)(3) and inserting `amounts
or, at the discretion of the Secretary, in a series of payments
over the term of the loan. If insurance, including bond insurance,
is used, the policy premium shall be paid before the loan is disbursed.';
and
(D) by adding at the end the following:
`(k) Authorization of Appropriations- There are authorized to be appropriated
to the Secretary for purposes of carrying out subsection (e)(3) such
funds as may be necessary for fiscal years 2011 through 2015.'.
(e) Interchange Commitment Relief Grants- Chapter 201 is amended by
adding at end thereof the following:
`20168. Interchange commitment relief grants
`(a) In General- Upon application, the Secretary of Transportation,
in consultation with the Surface Transportation Board, may make grants
available to assist any Class III rail carrier providing transportation
subject to the jurisdiction of the Surface Transportation Board with
the credit risk premium of a direct loan or loan guarantee made for
the purposes of section 502(b)(1)(D) of the Railroad Revitalization
and Regulatory Reform Act of 1976 (45 U.S.C. 822(b)(1)(D)).
`(b) Limitations- The Secretary of Transportation--
`(1) shall award grants only to applicants with financial need; and
`(2) may approve a grant under this section only as part of an application
for a Railroad Rehabilitation and Improvement Financing loan or loan
guarantee.
`(c) Authorization of Appropriations- There are authorized to be appropriated
to the Secretary of Transportation for grants under this section $7,500,000
for fiscal years 2011 through 2015.'.
(f) Conforming Amendments-
(1) The table of contents for chapter 117 is amended by inserting
after the item relating to section 11707 the following:
`11708. Interchange commitments: rights and remedies'.
(2) The table of contents for chapter 201 is amended by inserting
after the item relating to section 20167 the following:
`20168. Interchange commitment relief grants'.
SEC. 302. BOTTLENECK AND TERMINAL SWITCHING RATES.
(a) IN GENERAL- Subchapter I of chapter 107 is amended by adding at
the end thereof the following:
`10710. Bottleneck and terminal switching rates
`(a) A Class I rail carrier, or other rail carrier as deemed appropriate
by the Board, that provides a rate for transportation between an origin
and destination either as a single line movement or as part of an interline
movement and over which the carrier has market dominance pursuant to
section 10707 shall, upon the reasonable request of a rail customer,
establish a bottleneck rate for the purpose of providing transportation
over a bottleneck segment located between such an origin and destination
pursuant to this section. If the rail carrier contends that the transportation
is not subject to market dominance under that section, the rail carrier
shall seek an expedited determination of that issue from the Board.
`(b) Such a carrier shall establish such a rate and provide service
upon such request without regard to whether the shipper has made arrangements
for transportation for any other part of that movement.
`(c)(1) If the Board determines, under section 10707 of this title,
that such a rail carrier has market dominance between the origin and
destination, the bottleneck rate established for transportation pursuant
to this section must be reasonable.
`(2)(A) Not later than one year after the date of enactment of the Surface
Transportation Board Reauthorization Act of 2011, the Board shall establish
and maintain standards for determining whether a bottleneck rate established
by a rail carrier is reasonable for purposes of this section and establish
a simplified and expedited method for determining the reasonableness
of challenged bottleneck rates. In developing those standards the Board
shall consider rail carriers' need to earn adequate revenues to provide
and sustain consistent, efficient, and reliable transportation services
and to maintain the national rail system.
`(B) In developing the standards, the Board shall include, as part of
a reasonable rate-- -
`(i) operating costs, including any additional labor costs, of providing
the requested transportation service over the bottleneck segment;
`(ii) maintenance costs associated with providing the requested transportation
service;
`(iii) additional capital and investment costs required to perform
the requested transportation service over the bottleneck segment;
`(iv) a reasonable return on embedded capital used for the requested
transportation service over the bottleneck segment sufficient to meet
the rail carrier's cost of capital or, if such cost is not available,
the rail industry cost of capital;
`(v) a reasonable contribution, to the extent appropriate, to that
carrier's network infrastructure costs of the non-bottleneck segment
of the route offered by the incumbent rail carrier that is sufficient,
along with other traffic on the segment, to maintain the non-bottleneck
segment; and
`(vi) any other contributing factors appropriate to meet the consideration
in subparagraph (A).
`(d) In any proceeding in which a rail customer challenges a bottleneck
rate established under this section as unreasonable, the burden of proof
that the rate is reasonable shall be on the rail carrier.
`(1) The term `bottleneck rate' means a rate for transportation over
a bottleneck segment.
`(2) The term `bottleneck segment' means the rail facilities, including
rail facilities located entirely in terminal areas, between an origin
on the carrier's system and an interchange or between a destination
on the carrier's system and an interchange.
`(3) The term `interchange' means an interchange on such a rail carrier's
system that exists on the date of the shipper's request for a rate
covered by this section that--
`(A) is practicable and would not significantly adversely affect
such rail carrier's network efficiency; and
`(B) would not significantly impair service to other customers of
such rail carrier.'.
(b) Conforming Amendments-
(1) The table of contents for chapter 107 is amended by inserting
after the item relating to section 10709 the following:
`10710. Bottleneck and terminal switching rates'.
(2) Section 10705(a)(2)(A) is amended by inserting `10710,' after
`under section'.
SEC. 303. TERMINAL ACCESS.
Section 11102 is amended to read as follows:
`11102. Use of terminal facilities
`(a) For a Class I rail carrier, or other rail carrier as deemed appropriate
by the Board, providing transportation over which the rail carrier has
market dominance pursuant to section 10707 in a terminal area, the Board
may require the rail carrier to make its terminal facilities, including
mainline tracks for a reasonable distance outside of that terminal,
available for use by another rail carrier for such transporation.
`(b) The Board may only require that a rail carrier take such action
under subsection (a) if the Board finds that such action--
`(1) would be practicable and would not significantly adversely affect
the operations of the terminal or facility owned by such rail carrier
or rail carriers otherwise entitled to use the terminal or facilities;
`(2) would not significantly adversely affect the network efficiency
of such rail carrier or rail carriers otherwise entitled to use the
terminal or facilities;
`(3) would not significantly impair service to other customers of
such rail carrier or other rail carriers entitled to use the terminal
or facilities;
`(4) is necessary to promote the efficient operation of the railroad
system and improve rail service; and
`(5) is in the public interest.
`(c) The rail carriers required to make facilities available or provide
service pursuant to subsection (a) are responsible for establishing
reasonable conditions and compensation for the use of the facilities.
The compensation shall be paid or adequately secured before a rail carrier
may begin to use the facilities of another rail carrier.
`(d)(1) Not later than one year after the date of enactment of the Surface
Transportation Board Reauthorization Act of 2011, the Board shall establish
and maintain standards for determining whether compensation is reasonable
for purposes of this section and establish a simplified and expedited
method for determining the reasonableness of challenged compensation
rates.
`(2) In developing such standards, the Board shall consider rail carriers'
need to earn adequate revenues to provide and sustain consistent, efficient,
and reliable transportation services and to maintain the national rail
system.
`(e) In developing the standards required by subsection (d), the Board
shall include, as part of a reasonable compensation-- -
`(1) operating costs, including any additional labor costs, of providing
the requested usage;
`(2) maintenance costs associated with providing the requested usage;
`(3) additional capital and investment costs required to perform the
requested usage;
`(4) a reasonable return on embedded capital employed for the requested
usage of terminal facilities sufficient to meet the rail carrier's
cost of capital or, if such cost is not available, the rail industry
cost of capital;
`(5) a reasonable contribution, to the extent appropriate, to that
carrier's network infrastructure costs of the route beyond the terminal
facilities and main line tracks made available for the requested usage,
that is sufficient, along with other traffic on the route and mainline
track, to maintain the route beyond the terminal facilities and mainline
tracks made available for the requested usage; and
`(6) any other contributing factors appropriate to meet the considerations
in subsection (d)(2).
`(g) A rail carrier whose terminal facilities are required to be used
by another rail carrier under this section is entitled to recover compensation
from the other rail carrier for damages sustained as the result of compliance
with the requirement in a civil action.
`(h) In any proceeding in which a rail carrier challenges a compensation
rate established under this section as unreasonable, the burden of proof
that the rate is reasonable shall be on the rail carrier whose terminal
facilities are required to be used by the other rail carrier.
`(i) If the Board requires that a rail carrier take such an action under
subsection (a), the Board shall provide for the protection of the interests
of employees affected thereby, consistent with the level of protection
under section 10902 of this title.
`(j) The Board shall complete any proceeding under this section within
180 days after the closing of the evidentiary record. The Board may
extend the deadline in incremental 30-day periods if it issues a decision
demonstrating why such an extension is necessary.'.
SEC. 304. SERVICE.
Section 11101 is amended--
(1) by redesignating subsection (f) as subsection (g); and
(2) by inserting after subsection (e) the following:
`(f) The Board shall, by regulation, require rail carriers to publish
reasonable common carrier service expectation ranges. These may include
ranges for normal car cycle times, transit times, switching frequency,
and other service components as determined by the Board to be appropriate.'.
SEC. 305. ARBITRATION OF CERTAIN RAIL RATE, PRACTICE, AND COMMON CARRIER
SERVICE EXPECTATION DISPUTES.
(a) In General- Chapter 117, as amended by section 301, is further amended
by adding at the end the following:
`11709. Arbitration of certain rail rate, practice, and common carrier
service disputes
`(a) In General- Not later than one year after enactment of the Surface
Transportation Board Reauthorization Act of 2011, the Board shall promulgate
regulations to establish a binding arbitration process to resolve rail
rate, practice, and common carrier service expectation complaints subject
to the jurisdiction of the Board.
`(b) Covered Disputes- The binding arbitration process--
`(1) shall apply to disputes involving rates, practices, and common
carrier service expectations subject to the jurisdiction of the Board;
`(2) shall not apply to disputes to obtain the grant, denial, stay
or revocation of any license, authorization or exemption, to prescribe
for the future any conduct, rules, or results of general, industry-wide
applicability, or to enforce labor protective conditions; and
`(3) shall not apply to disputes solely between 2 or more rail carriers.
`(c) Arbitration Procedures-
`(A) may make the binding arbitration process available only to
the relevant parties--
`(i) after the filing of a formal complaint; or
`(ii) upon petition by a party at the conclusion of any informal
dispute resolution process provided by the Board for a complaint
subject to this section;
`(B) with respect to rate disputes, may make the binding arbitration
process available only to the relevant parties if the rail carrier
has market dominance, as determined under section 10707 of this
title; and
`(C) shall determine whether to pursue the binding arbitration process
no later than 30 days after the filing of a petition or formal complaint.
`(2) Initiation of the binding arbitration process shall preclude
the Board from separately reviewing a complaint or dispute related
to the same rate, practice, or common carrier service expectation
in a covered dispute involving the same parties.
`(3) In resolving disputes involving the reasonableness of a rail
carrier's rates, the arbitrator shall consider the Board's methodologies
for setting maximum lawful rates, giving due consideration to the
need for differential pricing to permit a rail carrier to collect
adequate revenues within the meaning of section 10704(a)(2) of this
title.
`(4) In resolving disputes involving common carrier service expectations,
the arbitrator shall consider service expectations as published pursuant
to section 11101(f).
`(d) Arbitration Decisions- Any decision reached in an arbitration process
under this section shall--
`(1) be consistent with subtitle IV of this title;
`(2) be in writing and shall contain findings of fact and conclusions;
`(3) have no precedential effect in any other or subsequent arbitration
dispute; and
`(4) be binding upon the parties.
`(1) The arbitrator shall be selected within 14 days after the Board's
decision to initiate arbitration.
`(2) The evidentiary process of the arbitration process shall be completed
within 90 days after the date of initiation of the arbitration process,
unless a party requests an extension and the arbitrator grants it.
`(3) The arbitrator shall issue a decision within 30 days after the
close of the evidentiary record.
`(4) The Board may extend any of the timelines in this subsection
upon the agreement of all parties in the dispute.
`(f) Arbitrators- Arbitration under this section shall be conducted
by an arbitrator selected from a roster, maintained by the Board, of
persons with transportation, economic regulation, professional or business
experience, including agriculture, in the private sector. If the parties
cannot mutually agree on an arbitrator, the parties shall select an
arbitrator from the roster by alternately striking names from the roster
until only 1 name remains. The parties shall share the costs of the
arbitration equally.
`(1) Limitation- A decision under this section may award the payment
of damages or rate prescriptive relief, but the value of the award
may not exceed $250,000 per year and the award may not cover a total
time period of more than 2 years.
`(2) Review- The board shall periodically review the amount in paragraph
(1) and adjust it as necessary to reflect inflation.
`(h) Board Review- If a party appeals an arbitrator's decision to the
Board, the Board may review the decision under this section to determine
if--
`(1) the decision is consistent with subtitle IV of this title as
applied by the Board; or
`(2) the award exceeds the limitation in subsection (g).'.
(b) Conforming Amendment- The table of contents for chapter 117 is amended
by adding at the end following:
`11709. Arbitration of certain rail rate, practice, and common carrier
service disputes'.
SEC. 306. MAXIMUM RELIEF IN CERTAIN RATE CASES.
(a) IN GENERAL- The Board shall revise the maximum amount of rate relief
available to railroad shippers in cases brought pursuant to the methods
developed under section 10701(d)(3) of title 49, United States Code,
as that section existed as of the date of enactment of this Act, to
be as follows--
(1) $1,500,000 in a rate case brought using the Board's `three-benchmark'
procedure; and
(2) $10,000,000 in a rate case brought using the Board's `simplified
stand-alone cost' procedure.
(b) PERIODIC REVIEW- The Board shall periodically review the amounts
established by subsection (a) and revise them as appropriate.
SEC. 307. ADVANCE RATE CHALLENGE.
The Surface Transportation Board may consider the reasonableness of
a rate quoted by a rail carrier up to 1 year before the date on which
the rate is to take effect.
SEC. 308. RATE REVIEW TIMELINES.
In stand-alone cost rate challenges, the Surface Transportation Board
shall comply with the following timelines unless it extends them, after
a request from any party or in the interest of due process:
(1) For discovery, 150 days after the date on which the challenge
is initiated.
(2) For development of the evidentiary record, 155 days after that
date.
(3) For submission of parties' closing briefs, 60 days after that
date.
(4) For a final Board decision, 180 days after the date on which the
parties submit closing briefs.
SEC. 309. REVENUE ADEQUACY STUDY.
Within 180 days after the date of enactment of this Act, the Surface
Transportation Board shall initiate a study to provide further guidance
on how it will apply its revenue adequacy constraint. In conducting
the study the Board shall provide public notice and opportunity for
comment and conduct 1 or more public hearings.
SEC. 310. PUBLIC USAGE OF ABANDONED RAIL PROPERTIES.
Section 10905 is amended--
(1) by striking `other forms of mass transportation,' and inserting
`public transportation,';
(2) by striking `the properties may be sold,' and inserting `the Board
may require that the properties be sold,';
(3) by striking `only under conditions' and inserting `pursuant to
conditions, including the amount of compensation,'; and
(4) by striking `The conditions may include a prohibition on any such
disposal' and inserting `At a minimum, the Board shall prohibit any
disposal of such properties'.
SEC. 311. TRANSACTIONS.
Section 11325 is amended--
(1) by inserting `(1)' after `(a)' in subsection (a) and redesignating
paragraphs (1) through (3) as subparagraphs (A) through (C);
(2) by adding at the end of subsection (a) the following:
`(2) The Board may extend the time limits specified in subsections (b),
(c), and (d) of this section when more time is necessary to complete
the environmental review process.'; and
(3) by striking `a transaction other than the merger or control of
at least two Class I railroads, as defined by the Board, which the
Board has determined to be of regional or national transportation
significance,' in subsection (c) and inserting `the merger or control
of one Class I railroad and at least one Class II railroad, as defined
by the Board, or if it involves a merger or control transaction, other
than a transaction subject to subsection (b), which the Board has
determined to be of regional or national transportation significance,'.
SEC. 312. CONSIDERATIONS IN CONSOLIDATIONS, MERGERS, AND ACQUISITIONS.
Section 11324 is amended--
(1) by striking paragraph (5) of subsection (b) and inserting the
following:
`(5) the effect of the proposed transaction on competition among rail
carriers in the affected region or in the national rail system.';
(2) by redesignating subsections (e) and (f) as subsections (f) and
(g), respectively;
(3) by striking `Board,' in subsection (d) and inserting `Board, subject
to subsection (e)'; and
(4) by inserting after subsection (d) the following:
`(e) In considering whether to approve, deny, or approve with conditions
a transaction covered under subsections (b) or (d) of this section,
the Board may take into account any potentially significant effects
of the transaction on--
`(1) public health, safety, and the environment; and
`(2) intercity rail passenger transportation and commuter rail passenger
transportation, as defined by section 24102 of this title.'.
SEC. 313. RAILROAD DEVELOPMENT.
Section 10907(h) is amended to read as follows:
`(h) If a purchasing carrier under this section proposes to sell or
abandon all or any portion of a purchased railroad line within 5 years
after the date of sale under this section, such purchasing carrier shall
offer the right of first refusal with respect to such line or portion
thereof to the carrier which sold such line under this section. The
offer shall be made at a price equal to the sum of the price paid by
such purchasing carrier to such selling carrier for such line or portion
thereof and the fair market value (less deterioration) of any improvements
made, as adjusted to reflect inflation.'.
SEC. 314. REGULATORY REFORM REVIEW.
(a) REVIEW- The Comptroller General of the United States shall undertake
a review of the regulatory changes made by this Act. The review shall
include--
(1) a review of the Surface Transportation Board's progress in implementing
the provisions of this Act;
(2) an assessment of the impact on the rail transportation system
of the regulatory changes made by this Act; and
(3) a specific analysis of the impact on railroad operations, rates,
competition, service, revenues, maintenance, and investment resulting
from the implementation of sections 11102 and 10710 of title 49, United
States Code, as amended and added, respectively, by this Act.
(b) CONSULTATION- In conducting this review, the Comptroller General
shall solicit input from the railroads, railroad shippers, railroad
non-profit employee labor organizations, the Federal Railroad Administration,
and other entities, as appropriate.
(c) REPORT TO CONGRESS- Not later than December 31, 2013, the Comptroller
General shall transmit a report to the Senate Committee on Commerce,
Science, and Transportation and the House of Representatives Committee
on Transportation and Infrastructure containing the results of the review
required by this section and any appropriate recommendations.
TITLE IV--TECHNICAL CORRECTIONS
SEC. 401. TECHNICAL CORRECTIONS TO PUBLIC LAW 110-432.
(a) The title of Public Law 110-432 is amended by striking `Federal
Railroad Safety Administration' and inserting `Federal Railroad Administration'.
(b) The table of contents in section 1(b) of the Rail Safety Improvement
Act of 2008 is amended--
(1) in the item relating to section 201 by striking `Pedestrian crossing
safety' and inserting `Pedestrian safety at or near railroad passenger
stations'; and
(2) in the item relating to section 403 by striking `Track inspection
time study' and inserting `Study and rulemaking on track inspection
time; rulemaking on concrete crossties'.
(c) Section 2(a)(1) of the Rail Safety Improvement Act of 2008 is amended
by inserting a comma after `railroad tracks at grade'.
(d) Section 102(a)(6) of the Rail Safety Improvement Act of 2008 is
amended to read as follows:
`(6) Improving the safety of railroad bridges, tunnels, and related
infrastructure to prevent accidents, incidents, injuries, and fatalities
caused by catastrophic and other failures of such infrastructure.'.
(e) Section 108(f)(1) of the Rail Safety Improvement Act of 2008 is
amended by striking `requirements for recordkeeping and reporting for
Hours of Service of Railroad Employees' and inserting `requirements
for record keeping and reporting for hours of service of railroad employees'.
(f) Section 201 of the Rail Safety Improvement Act of 2008 is amended--
(1) in the section heading by striking `PEDESTRIAN CROSSING SAFETY.'
and inserting `PEDESTRIAN SAFETY AT OR NEAR RAILROAD PASSENGER
STATIONS.';
(2) by striking `strategies and methods to prevent pedestrian accidents,
incidents, injuries, and fatalities at or near passenger stations,
including--' and inserting `strategies and methods to prevent train-related
accidents, incidents, injuries, and fatalities that involve a pedestrian
at or near a railroad passenger station, including--'; and
(3) in paragraph (1) by striking `at railroad passenger stations'.
(g) Section 206(a) of the Rail Safety Improvement Act of 2008 is amended
by striking `Public Service Announcements' and inserting `public service
announcements'.
(h) Section 403 of the Rail Safety Improvement Act of 2008 is amended--
(1) in the section heading by striking `TRACK INSPECTION TIME STUDY.'
and inserting `STUDY AND RULEMAKING ON TRACK INSPECTION TIME; RULEMAKING
ON CONCRETE CROSSTIES.'; and
(A) by striking `Cross Ties' in the subsection heading and inserting
`Crossties';
(B) by striking `cross ties' and inserting `crossties'; and
(C) in paragraph (2) by striking `cross tie' and inserting `crosstie'.
(i) Section 405 of the Rail Safety Improvement Act of 2008 is amended--
(1) in subsection (a) by striking `cell phones,' and inserting `cellular
telephones,'; and
(2) in subsection (d) by striking `of Transportation'.
(j) Section 411(a) of the Rail Safety Improvement Act of 2008 is amended--
(1) by striking `5101(a)' and inserting `5105(a)'; and
(2) by striking `5101(b)' and inserting `5105(b)'.
(k) Section 412 of the Rail Safety Improvement Act of 2008 is amended
by striking `of Transportation'.
(l) Section 414 of the Rail Safety Improvement Act of 2008 is amended--
(1) in paragraph (2) by striking `parts' and inserting `sections';
and
(2) by striking `part 1520.5' and inserting `section 1520.5'.
(m) Section 416 of the Rail Safety Improvement Act of 2008 is amended--
(1) by striking `of Transportation';
(2) in paragraphs (3) and (4), by striking `Federal Railroad Administration'
and inserting `Secretary'; and
(3) in paragraph (4) by striking `subsection' and inserting `section'.
(n) Section 417(c) of the Rail Safety Improvement Act of 2008 is amended
by striking `each railroad' and inserting `each railroad carrier'.
(o) Section 503 of the Rail Safety Improvement Act of 2008 is amended--
(1) in subsection (a) by striking `rail accidents,' and inserting
`rail passenger accidents,'; and
(2) by adding at the end the following:
`(d) Definitions- In this section, the terms `passenger', `rail passenger
accident', and `rail passenger carrier' have the meaning given those
terms by section 1139 of title 49, United States Code.
`(e) Funding- Out of funds appropriated pursuant to section 20117(a)(1)(A)
of title 49, United States Code, there shall be made available to the
Secretary of Transportation $500,000 for fiscal year 2009 to carry out
this section. Amounts made available pursuant to this subsection shall
remain available until expended.'.
(p) Section 206(a) of the Passenger Rail Investment and Improvement
Act of 2008 is amended by inserting `of this division' after `302'.
(q) Section 211 of the Passenger Rail Investment and Improvement Act
of 2008 is amended--
(1) by inserting `of this division' after `101(c)' in subsection (d);
and
(2) by inserting `of this division' after `101(d)' in subsection (e).
(r) Section 1139 is amended--
(1) in subsection (a)(1) by striking `phone number' and inserting
`telephone number';
(2) in subsection (a)(2) by striking `post trauma' and inserting `post-trauma';
(3) in subsections (h)(1)(A) and (h)(2)(A) by striking `interstate';
(4) in subsections (h)(1)(B) and (h)(2)(B)--
(A) by striking `interstate or intrastate'; and
(B) by striking `26105' and inserting `26106(b)(4)';
(5) in subsection (j)(1) by striking `(other than subsection (g))'
and inserting `(other than subsections (g) and (k))'; and
(6) in paragraphs (1) and (2) of subsection (j) by striking `railroad
passenger accident' and inserting `rail passenger accident'.
(s) Section 10909(b) is amended by striking `Railroad' and inserting
`Railroads'.
(t) Section 20109 is amended--
(1) by striking `the railroad shall promptly arrange' in subsection
(c)(1) and inserting `the railroad carrier shall promptly arrange';
(2) by inserting `subsection' after `under' in subsection (d)(2)(A)(i);
and
(3) by inserting `section' after `set forth in' in subsection (d)(2)(A)(iii).
(u) Section 20120(a) is amended--
(1) in paragraph (2)(G), by inserting `and' at the end; and
(2) in paragraph (5)(B) by striking `Administrative Hearing Officer
or Administrative Law Judge' and inserting `administrative hearing
officer or administrative law judge'.
(v) Section 20151(d)(1) is amended by striking `to drive around a grade
crossing gate' and inserting `to drive through, around, or under a grade
crossing gate'.
(w) Section 20152(b) is amended by striking `rail carriers' and inserting
`railroad carriers'.
(x) Section 20156 is amended--
(1) in subsection (c) by inserting a comma after `In developing its
railroad safety risk reduction program'; and
(2) in subsection (g)(1) by striking `non-profit' and inserting `nonprofit'.
(y) Section 20157(a)(1) is amended--
(1) by striking `Class I railroad carrier' and inserting `Class I
railroad'; and
(2) by striking `parts' and inserting `sections'.
(z) Section 20158(b)(3) is amended by striking `20156(e)(2)' and inserting
`20156(e)'.
(aa) Section 20159 is amended by inserting `of Transportation' after
`the Secretary'.
(bb) Section 20160 is amended--
(1) in subsection (a)(1) by striking `or with respect to' and inserting
`with respect to'; and
(2) in subsection (b)(1)(A) by striking `or with respect to' and inserting
`with respect to'.
(cc) Section 20162(a)(3) is amended by striking `railroad compliance
with Federal standards' and inserting `railroad carrier compliance with
Federal standards'.
(dd) Section 20164(a) is amended by striking `Railroad Safety Enhancement
Act of 2008,' and inserting `Rail Safety Improvement Act of 2008,'.
(ee) Section 21102(c)(4) is amended by re-designating subparagraphs
(C) and (D) as subparagraphs (B) and (C), respectively.
(ff) Section 22106(b) is amended by striking `interest thereof' and
inserting `interest thereon'.
(gg) Section 24105(e) of title 49, United States Code, is amended by
striking `section 301 of the Passenger Rail Investment and Improvement
Act of 2008' and inserting `section 24406'.
(hh) Section 24302(a)(3) is amended by striking `5 individuals' and
inserting `4 individuals'.
(ii) Section 24316 is amended by striking subsection (g).
(jj) The item relating to section 24316 in the table of contents for
chapter 243 is amended by striking `to assist families of passengers'
and inserting `to address needs of families of passengers'.
(kk) Section 24402 is amended--
(1) by striking `22506' in subsection (d) and inserting `22706'; and
(2) by striking subsection (e) and inserting the following:
`(e) Amtrak Eligibility- Amtrak may be the recipient of a grant under
this section if Amtrak has entered into a cooperative agreement with
1 or more applicants to carry out 1 or more projects on a State rail
plan's list of rail capital projects developed under section 22705(a)(5)
of this title. For such a grant, Amtrak may not use Federal funds authorized
under section 101(a) or (c) of the Passenger Rail Investment and Improvement
Act of 2008 to fulfill the non-Federal share requirements under subsection
(g) of this section.';
(4) by striking `and Early Systems Work Agreements' in the heading
of subsection (f);
(5) by striking `A metropolitan planning organization, State transportation
department, or other project sponsor' in subsection (i)(1) and inserting
`An applicant'; and
(6) by striking subsection (k) and inserting the following:
`(k) Small Capital Projects- The Secretary shall make not less than
5 percent annually available from the amounts appropriated under section
24406 beginning in fiscal year 2009 for grants for capital projects
eligible under this section not exceeding $2,000,000, including costs
eligible under section 209(d) of the Passenger Rail Investment and Improvement
Act of 2008. For grants awarded under this subsection, the Secretary
may waive requirements of this section, including State rail plan requirements,
as appropriate.'.
(ll) Section 24403(b)(1) is amended by striking `oversee the construction
of such projects.' and inserting `for activities to award and oversee
the implementation of such projects.'.
(mm) Section 24702(a) is amended by striking `not included in the national
rail passenger transportation system'.
(nn) Section 24706 is amended--
(1) by striking `a discontinuance under section 24704 or or' in subsection
(a)(1);
(2) by striking `section 24704 or' in subsection (a)(2); and
(3) by striking `section 24704 or' in subsection (b).
(oo) Section 24709 is amended by striking `The Secretary of the Treasury
and the Attorney General,` and inserting `The Secretary of Homeland
Security,'.
(pp) Section 24905(f)(1) is amended--
(1) in subparagraph (C) by striking `freight carriers' and inserting
`freight railroad carriers'; and
(2) in subparagraph (F) by striking `rail labor;' and inserting `representatives
of nonprofit employee labor organizations representing railroad employees;'.
(rr) Section 26106(e)(4) is amended by striking `22506' and inserting
`22706'.
TITLE V--MISCELLANEOUS
SEC. 501. EFFECTIVE DATES.
(a) In General- Except as provided in subsection (b), this Act shall
take effect on the date of enactment.
(b) Section 214- The amendments made by section 214 shall take effect
2 years after the date of enactment of this Act.
END
