Freight Rail Shipping Fair Market Act
This bill reauthorizes through FY2027 the Surface Transportation Board and otherwise revises provisions related to rail transportation policies, including policies related to freight rail transportation.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8649 Introduced in House (IH)]
<DOC>
117th CONGRESS
2d Session
H. R. 8649
To create a fair market in freight rail and to reauthorize the Surface
Transportation Board, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
August 2, 2022
Mr. Payne (for himself, Mr. DeFazio, Mr. David Scott of Georgia, and
Mr. Costa) introduced the following bill; which was referred to the
Committee on Transportation and Infrastructure
_______________________________________________________________________
A BILL
To create a fair market in freight rail and 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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Freight Rail
Shipping Fair Market Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--ADMINISTRATIVE PROVISIONS
Sec. 101. Authorization of appropriations.
Sec. 102. Railroad-Shipper Transportation Advisory Council.
Sec. 103. Rail transportation policy.
Sec. 104. General definitions.
Sec. 105. Updated study on competition in the United States freight
railroad industry.
Sec. 106. NAS study on environmental benefits of a robust rail system.
TITLE II--SERVICE DELIVERY
Sec. 201. 10-year review of commodity exemptions.
Sec. 202. Streamlining rate reviews to provide competitive rail
service.
Sec. 203. Service delivery standards in contracts.
Sec. 204. Leveling the playing field on demurrage charges.
Sec. 205. Minimum service delivery standards for common carrier
transportation, service, and rates.
Sec. 206. Updating STB emergency powers.
Sec. 207. Support for freight car GPS and other telemetry systems.
Sec. 208. Study on short line railroad access to multiple Class I
railroads.
Sec. 209. Study on supply chain data constraints that impede the flow
of freight.
Sec. 210. Rate protection during emergencies.
Sec. 211. Updated fines.
TITLE III--PASSENGER RAIL
Sec. 301. Passenger-Freight Rail Transportation Advisory Council.
Sec. 302. Passenger rail considerations in transactions involving rail
carriers.
TITLE I--ADMINISTRATIVE PROVISIONS
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Section 1305 of title 49, United States Code, is amended to read as
follows:
``Sec. 1305. Authorization of appropriations
``(a) In General.--There are authorized to be appropriated for the
activities of the Board--
``(1) $48,000,000 for fiscal year 2023;
``(2) $50,250,000 for fiscal year 2024;
``(3) $50,000,000 for fiscal year 2025;
``(4) $52,500,000 for fiscal year 2026; and
``(5) $55,000,000 for fiscal year 2027.
``(b) Set-Aside for Passenger Rail Program.--From the amounts
authorized in subsection (a), the Surface Transportation Board shall
set aside at least 5 percent of such amounts for each fiscal year
consistent with the passenger rail program established under section
22309 of the Passenger Rail Expansion and Rail Safety Act of 2021 (49
U.S.C. 1301 note).
``(c) Set-Aside for Studies.--From the amounts authorized in
subsection (a), the Surface Transportation Board shall set aside up to
$1,000,000 for each of fiscal years 2023 and 2024 for each study
authorized in sections 105, 106, and 210.''.
SEC. 102. RAILROAD-SHIPPER TRANSPORTATION ADVISORY COUNCIL.
Section 1325(a) of title 49, United States Code, is amended--
(1) by striking ``19 members, of which 15 members'' and
inserting ``24 members, of which 18 members''; and
(2) in paragraph (3)--
(A) by striking ``6 members'' and inserting ``9
members'';
(B) in subparagraph (A) by striking ``and'' at the
end;
(C) in subparagraph (B) by striking the period and
inserting a semicolon; and
(D) by adding at the end the following:
``(C) 1 shall be a representative of a nonprofit
employee organization;
``(D) 1 shall be a representative of a rail car
lessor; and
``(E) 1 shall be a representative of a port
authority.''.
SEC. 103. RAIL TRANSPORTATION POLICY.
Section 10101 of title 49, United States Code, is amended to read
as follows:
``Sec. 10101. Rail transportation policy
``In regulating the freight and intercity passenger railroad
industry, it is the policy of the United States Government--
``(1) to allow, to the maximum extent possible, competition
and the demand for services to establish reasonable rates for
transportation by rail;
``(2) to minimize the need for Federal regulatory control
over the rail transportation system and to require fair and
expeditious regulatory decisions when regulation is required;
``(3) to promote a safe and efficient rail transportation
system by allowing rail carriers to earn adequate revenues, as
determined by the Board;
``(4) to ensure the development and continuation of a sound
freight and passenger rail transportation system with effective
competition among rail carriers and with other modes, to meet
the needs of the public and the national defense;
``(5) to preserve and improve passenger rail service;
``(6) to foster sound economic conditions in transportation
and to ensure effective competition and coordination between
rail carriers and other modes;
``(7) to maintain reasonable rates where there is an
absence of effective competition and where rail rates provide
revenues which exceed the amount necessary to maintain the rail
system and to attract capital;
``(8) to reduce regulatory barriers to entry into and exit
from the industry;
``(9) to operate transportation facilities and equipment
without detriment to the public health and safety;
``(10) to encourage honest and efficient management of
railroads;
``(11) to require rail carriers, to the maximum extent
practicable, to rely on individual rate increases, and to limit
the use of increases of general applicability;
``(12) to encourage fair wages and safe and suitable
working conditions in the railroad industry;
``(13) to prohibit predatory pricing and practices, to
avoid undue concentrations of market power, and to prohibit
unlawful discrimination;
``(14) to ensure the availability of accurate cost
information in regulatory proceedings, while minimizing the
burden on rail carriers of developing and maintaining the
capability of providing such information;
``(15) to encourage and promote energy conservation;
``(16) to provide for the expeditious handling and
resolution of all proceedings required or permitted to be
brought under this part; and
``(17) to promote freight and passenger rail growth and to
resolve conflicts between freight and passenger rail.''.
SEC. 104. GENERAL DEFINITIONS.
Section 10102 of title 49, United States Code, is amended--
(1) by redesignating paragraphs (4), (5), (6), (7), (8),
(9), and (10) as paragraphs (5), (6), (7), (8), (9), (10), and
(11), respectively;
(2) by inserting after paragraph (3) the following:
``(4) `essential commodities' includes--
``(A) shipments to and from military installations;
``(B) materials necessary for clean water
treatment; and
``(C) energy commodities necessary for energy
reliability;''; and
(3) in paragraph (7), as so redesignated--
(A) in subparagraph (B) by striking ``and'' at the
end;
(B) in subparagraph (C) by striking the semicolon
and inserting ``; and''; and
(C) by adding at the end the following:
``(D) any form of nonhighway interstate ground
transportation that runs on rails or electromagnetic
guideways, including high speed ground transportation
systems that connect metropolitan areas, without regard
to whether such systems use new technologies not
associated with traditional railroads;''.
SEC. 105. UPDATED STUDY ON COMPETITION IN THE UNITED STATES FREIGHT
RAILROAD INDUSTRY.
(a) Updated Study.--The Surface Transportation Board shall review
and update the study included in the final report published in January,
2010, titled ``An Update to the Study of Competition in the U.S.
Freight Railroad Industry''.
(b) Scope of Study.--In carrying out the review under subsection
(a), the Board shall refine the scope of the updated study, as
appropriate.
(c) Report.--Not later than 2 years after the date of enactment of
this Act, the Board shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate the study required
under subsection (a).
SEC. 106. NAS STUDY ON ENVIRONMENTAL BENEFITS OF A ROBUST RAIL SYSTEM.
(a) Study.--The Surface Transportation Board shall seek to enter
into a contract with the National Academies to conduct a study that
identifies and measures the environmental benefits of moving freight
and passengers by rail compared to other modes of transportation and
identify ways the Board can incentivize the rail industry to maximize
such environmental benefits.
(b) Report.--Any agreement entered into under subsection (a) shall
require that the National Academies not later than 2 years after the
date of enactment of this Act, submit to the Board, the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate a
final report containing the study conducted pursuant to subsection (a).
TITLE II--SERVICE DELIVERY
SEC. 201. 10-YEAR REVIEW OF COMMODITY EXEMPTIONS.
Section 10502 of title 49, United States Code, is amended--
(1) in subsection (a) by striking ``, to the maximum extent
consistent with this part,''; and
(2) by adding at the end the following:
``(h)(1) Beginning on the date that is 1 year after the date of
enactment of the Freight Rail Shipping Fair Market Act, and at least
once during every 10-year period thereafter, the Board shall review all
commodity exemptions listed in the regulations of the Board under
sections 1039 and 1090 of title 49, Code of Federal Regulations, (or
other commodity exemptions contained in any regulation of the Board)
issued under this subtitle, make a determination whether the Board
should revise or revoke each such exemption, and based on such
determination, revise or revoke each exemption.
``(2) Not later than 180 days after the date on which a
determination to revise or revoke each exemption is made, the Board
shall submit to the Committee on Transportation and Infrastructure of
the House of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate a report containing such
determination.''.
SEC. 202. STREAMLINING RATE REVIEWS TO PROVIDE COMPETITIVE RAIL
SERVICE.
Section 10704(d) of title 49, United States Code, is amended in
paragraph (1) by adding at the end the following: ``The Board shall
review such procedures and identify revisions that could improve the
timeliness of Board decisions under this chapter taking into account
due process and differences in geography and, not later than 270 days
after the date of enactment of the Freight Rail Shipping Fair Market
Act submit a report to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate summarizing the
findings of such review.''.
SEC. 203. SERVICE DELIVERY STANDARDS IN CONTRACTS.
Section 10709 of title 49, United States Code, is amended--
(1) by redesignating subsections (d) through (g) as
subsections (e) through (h), respectively;
(2) by inserting after subsection (c) the following:
``(d) Notwithstanding subsection (c), a contract entered into under
this section shall include service delivery standards and appropriate
remedies as a result of a failure to meet service delivery standards.
Such service delivery standards and remedies may not be superseded by
any other contractual clause.''; and
(3) in subsection (e)(1), as redesignated by paragraph (1),
by inserting ``, including any service delivery standards and
requisite remedies,'' before ``for the transportation of
agricultural products''.
SEC. 204. LEVELING THE PLAYING FIELD ON DEMURRAGE CHARGES.
(a) In General.--Section 10746 of title 49, United States Code, is
amended--
(1) by striking ``A rail carrier providing'' and inserting
the following:
``(a) Computation of Rail Carrier Demurrage Charges.--A rail
carrier providing''; and
(2) by adding at the end the following:
``(b) Computation of Private Rail Car Owner or Lessee Demurrage
Charges.--A private rail car owner or lessee that transports goods,
including agricultural commodities and other essential commodities--
``(1) shall compute demurrage charges, and establish rules
related to those charges, in a way that fulfills the national
needs related to--
``(A) freight car use and distribution; and
``(B) the efficient use of private freight cars
provided to rail carriers for transportation of
property; and
``(2) notwithstanding section 10501, shall be subject to
the jurisdiction of the Board if such private rail car owner or
lessee has provided a rail car to a rail carrier and assessed
demurrage charges upon the rail carrier.
``(c) Reporting Requirement.--Class I railroad carriers, private
car owners, and rail car lessees shall electronically, in a format
prescribed by the Board, report demurrage charges assessed under this
section to the Board on a quarterly basis and the Board shall make any
information reported under this subsection publicly available.''.
(b) Rulemaking Deadline for Demurrage.--
(1) Rulemaking.--Not later than 2 years after the date of
enactment of this Act, the Surface Transportation Board shall
complete a rulemaking to implement section 10746 of title 49,
United States Code, as amended by this section.
(2) Consultation.--In carrying out the rulemaking under
subsection (a), the Board shall consult with the Federal Energy
Regulatory Commission, the Secretary of Agriculture, the
Administrator of the Environmental Protection Agency, and the
heads of other applicable Federal agencies to determine
essential commodities.
(c) Applicability.--The amendments made by this section shall apply
to any demurrage occurring after the effective date of the rulemaking
completed under subsection (b).
SEC. 205. MINIMUM SERVICE DELIVERY STANDARDS FOR COMMON CARRIER
TRANSPORTATION, SERVICE, AND RATES.
Section 11101 of title 49, United States Code, is amended--
(1) in subsection (a)--
(A) by striking ``A rail carrier'' and inserting
the following: ``(1) A rail carrier'';
(B) by inserting ``, in a manner that provides
timely, efficient, and reliable rail service that
fulfills the shipper's reasonable service
requirements'' after ``on reasonable request''; and
(C) by adding at the end the following:
``(2) In determining whether a rail carrier has met the obligations
of this section with respect to the provision of transportation or
services on reasonable request, the Board shall consider--
``(A) the effects of changes in the frequency of
transportation or service, and the availability and maintenance
of reasonable local service schedules and delivery windows, on
the provision of reasonable transportation service to the
person requesting service;
``(B) the effects of reduction in employment levels,
including--
``(i) clerical, customer service, maintenance,
dispatch, yard, and train and engine service employees;
``(ii) changes in train or yard crew availability;
and
``(iii) the consolidation or shifting of crews
across or within service territories;
``(C) the effects of rail carrier reduction in equipment
and the availability of equipment, maintenance of equipment, or
railroad infrastructure, lines and yards, or shifting of
equipment across or within service territories or customer and
commodity groups to the person requesting transportation or
service;
``(D) whether the service reasonably meets the local
operational and service needs of the person requesting
transportation or service;
``(E) the provision of rail infrastructure, rail equipment,
or other rail related resources by the person requesting
transportation or service to support the transportation or
service;
``(F) whether any conditions imposed by the rail carrier as
requirements for service are required to meet the local service
requirements of the person requesting service or permit the
rail carrier to recover variable costs of providing the
requested transportation or service; and
``(G) how the carrier is handling equipment owned or leased
by the person requesting transportation or service.'';
(2) in subsection (b)--
(A) in the matter preceding paragraph (1) by
striking ``shall be'' and inserting ``shall'';
(B) in paragraph (1)--
(i) by inserting ``be'' before ``in
writing''; and
(ii) by striking ``receipt of the request;
or'' and inserting ``receipt of the request, or
be promptly made available in electronic
form;''; and
(C) by striking paragraph (2) and inserting the
following:
``(2) include timely, efficient, and reliable service
delivery standards;
``(3) include remedies for when such service delivery
standards are not met; and
``(4) include reasonable transit or cycle times consistent
with the reasonable needs of the person on whose behalf the
request is made for the timely, efficient and reliable receipt,
transportation, and delivery of property.'';
(3) in subsection (f) by inserting ``, including defining
minimum service delivery standards. The Board may establish
such standards by commodity'' after ``implement this section'';
and
(4) by adding at the end the following:
``(g) Any proceeding initiated under this section--
``(1) in order to consider an alleged violation of this
section by a rail carrier, shall be expedited by the Board, and
completed not later than 180 days after the initiation of such
proceeding or, upon the request of a party when necessary to
develop a record for the decision of the Board, not later than
the end of a reasonable extension granted by the Board; and
``(2) in order to obtain service terms required under
subsection (b), shall be completed not later than 45 days after
the initiation of such proceeding.
``(h) In addition to the remedies provided under section 11701, if
the Board determines that a rail carrier has not met the obligations of
this section by failing to provide transportation or services on a
reasonable request, the Board may prescribe reasonable transit or cycle
times to be established for equipment owned or leased by the person
making the request.''.
SEC. 206. UPDATING STB EMERGENCY POWERS.
Section 11123(a) of title 49, United States Code, is amended--
(1) in paragraph (4)(C) by striking ``or'' at the end;
(2) in paragraph (5) by striking the period at the end and
inserting ``; or''; and
(3) by adding at the end the following:
``(6) require--
``(A) the acquisition or return to service of
locomotives, freight cars, or other vehicles;
``(B) additional capacity on property owned by the
rail carrier, including sidings to reduce congestion;
and
``(C) returning furloughed employees to service.''.
SEC. 207. SUPPORT FOR FREIGHT CAR GPS AND OTHER TELEMETRY SYSTEMS.
(a) Policy.--It is the policy of the Federal Government to support
private freight rail efficiency and the understanding of the shipper
using such private rail of the location of the rail freight of such
shipper by collaborating with private freight rail demonstration
projects to resolve safety and other regulatory challenges and
opportunities of GPS and other telemetry technology on freight rail
cars.
(b) Report.--Not later than 1 year after the date of enactment of
this Act, the Surface Transportation Board and the Administrator of the
Federal Railroad Administration, in consultation with the Secretary of
Homeland Security, shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate a report
summarizing the collaboration under subsection (a) on the safety and
other regulatory challenges and opportunities that could impact the
development and installation of GPS and other telemetry technology on
freight rail cars.
SEC. 208. STUDY ON SHORT LINE RAILROAD ACCESS TO MULTIPLE CLASS I
RAILROADS.
(a) Study.--The Comptroller General of the United States shall
conduct a study on any existing contract language that prohibits or
discourages additional interchange agreements or additional interchange
traffic between Class I railroad carriers and Class II and III
carriers.
(b) Contents.--The study shall include--
(1) information solicited from railroad carriers on the
types and frequency of contract language that services to
either prohibit or discourage new interchange agreements
between a Class II or III railroad and a second Class I
railroad or discourage rail traffic from interchanging with a
second railroad, including how many Class II and Class III
railroad carriers are prohibited or discouraged from developing
new interchange agreements (or interchanging new or additional
traffic outside of such agreements) with Class I railroad
carriers with which such Class II and Class III railroad
carriers do not interchange traffic; and
(2) a discussion about the advantages and disadvantages of
the prohibitions or discouragements described in paragraph (1)
for various stakeholders, including Class I, II and III
railroads, shippers, and the public.
(c) Report.--Not later than 2 years after the date of enactment of
this Act, the Comptroller General shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate a
report containing the study conducted under subsection (a).
SEC. 209. STUDY ON SUPPLY CHAIN DATA CONSTRAINTS THAT IMPEDE THE FLOW
OF FREIGHT.
(a) Study.--Not later than 60 days after the date of enactment of
this Act, the Surface Transportation Board shall seek to enter into an
agreement with the National Academies to conduct a study on the United
States supply chain that examines data constraints that impede the flow
of rail cargo and add to supply chain inefficiencies and that
identifies data sharing systems that can be employed to improve the
functioning of the United States supply chain.
(b) Contents.--The study carried out pursuant to subsection (a)
shall include an identification of where chokepoints are most prominent
in the United States supply chain, what common shipping data is created
with each hand-off of a container through such supply chain, how such
data with respect to such supply chain is stored and shared, and an
analysis of existing and potential impediments to the free flow of
supply chain information.
(c) Information Collection.--In conducting the study pursuant to
subsection (a), the National Academies shall collect information from
railroad carriers, vessel operating common carriers and non-vessel
operating common carriers, marine terminal operators, commercial motor
vehicle operators, chassis providers, ocean transportation
intermediaries, custom brokers, freight forwarders, shippers and cargo
owners, and relevant government agencies, including the Board, the
Federal Maritime Commission, and Customs and Border Protection.
(d) Report.--Any agreement entered into under subsection (a) shall
require that, not later than 2 years after the date of enactment of
this Act, the National Academies submit to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate,
and make available on a publicly accessible website, a report
containing--
(1) findings of the study carried out pursuant to
subsection (a); and
(2) any recommendations for common data standards and
policies to implement information sharing across the United
States supply chain.
SEC. 210. RATE PROTECTION DURING EMERGENCIES.
(a) Situations Requiring Immediate Action To Serve the Public.--
Section 11123 of title 49, United States Code, is amended--
(1) by redesignating subsections (e) and (f) as subsections
(f) and (g), respectively; and
(2) by inserting after subsection (d), the following:
``(e) Notwithstanding any other provision of this subtitle, a Class
I rail carrier subject to a Board order under this section, except for
a Class I carrier that is serving as an alternative carrier as part of
a Board remedy, may not increase rates on persons covered by such order
during the period beginning on the date on which the Board determines
under subsection (a) that a transportation emergency exists and ending
on the date on which such emergency expires under this section.''.
(b) General Civil Penalties.--Section 11901 of title 49, United
States Code, is amended--
(1) by redesignating subsections (b) through (f) as
subsections (c) through (g), respectively; and
(2) by inserting after subsection (a) the following:
``(b) Any Class I rail carrier providing transportation subject to
the jurisdiction of the Board under this part that increases rates
during a transportation emergency in violation of section 11123(e) is
liable to the United States Government for a civil penalty equal to 3
times the amount by which each such rate was increased.''.
SEC. 211. UPDATED FINES.
(a) Analysis of Civil Penalties and Fines.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Comptroller General of the United
States shall conduct an analysis of the civil penalties and
fines assessed under chapter 119 of title 49, United States
Code, that includes--
(A) a comparison of such civil penalties and fines
to other civil penalties and fines assessed by Federal
agencies with economic regulatory oversight over the
railroad industry and other industries; and
(B) an analysis of the amount of a civil penalty or
fine that is necessary to provide the appropriate
financial incentive for rail carrier compliance.
(2) Report.--Upon completion of the analysis conducted
under paragraph (1), the Comptroller General shall submit to
the Surface Transportation Board, the Committee on
Transportation and Infrastructure of the House of
Representatives, and the Committee on Commerce, Science, and
Transportation of the Senate a report that describes such
analysis and includes any recommendations for changes to the
amounts of the civil penalties or fines assessed under chapter
119 of title 49, United States Code, including minimum and
maximum fines, per day fines, and per violation fines.
(b) Rulemaking.--Notwithstanding the amount of civil penalties and
fines assessed under chapter 119 of title 49, United States Code, and
not later than 180 days after the date on which the Comptroller General
submits the report under subsection (a)(2), the Board shall issue such
regulations as are necessary to revise the amount of each such civil
penalty or fine assessed under such chapter in accordance with the
recommendations of the Comptroller General contained in such report,
including establishing minimum and maximum penalties or fines and per
day and per violation penalties or fines.
(c) Conforming Amendment.--
(1) In general.--Chapter 119 of title 49, United States
Code, is amended by adding at the end the following:
``Sec. 11909. Treatment of civil penalties and fines
``Upon the issuance of a final regulation to revise an amount of a
civil penalty or fine assessed under this chapter pursuant to section
212 of the Freight Rail Shipping Fair Market Act, the amount of such
civil penalty or fine assessed shall be treated as the revised amount
in such regulation.''.
(2) Clerical amendment.--The analysis for chapter 119 of
title 49, United States Code, is amended by adding at the end
the following:
``11909. Treatment of civil penalties and fines.''.
TITLE III--PASSENGER RAIL
SEC. 301. PASSENGER-FREIGHT RAIL TRANSPORTATION ADVISORY COUNCIL.
(a) In General.--Chapter 13 of title 49, United States Code, is
amended--
(1) by redesignating section 1326 as section 1327; and
(2) by inserting after section 1325 the following:
``Sec. 1326. Passenger-Freight Rail Transportation Advisory Council
``(a) Establishment; Membership.--There is established the
Passenger-Freight Rail Transportation Advisory Council (in this section
referred to as the `Council') to be composed of 18 members, of which 12
members shall be appointed by the Chairman of the Board, after
recommendation from rail carriers providing passenger rail
transportation, subject to the jurisdiction of the Board, and rail
carriers providing freight rail transportation, not later than 60 days
after the date of enactment of the Freight Rail Shipping Fair Market
Act. The 12 such members of the Council shall be appointed as follows:
``(1) The members of the Council shall be appointed from
among citizens of the United States who are not regular, full-
time employees of the United States and shall be selected for
appointment so as to provide as nearly as practicable a broad
representation of the various segments of freight-railroad and
passenger rail carriers.
``(2) 10 of the members shall be appointed from senior
executive officers of organizations engaged in the freight
railroad and passenger rail industries and shall be the voting
members of the Council. Council action and Council positions
shall be determined by a majority vote of the members present.
A majority of such voting members shall constitute a quorum. Of
such 10 voting members--
``(A) 4 shall be representatives of Class I
railroads;
``(B) 4 shall be representatives of an intercity
passenger railroad that operates over a host railroad,
of whom at least 3 shall be representatives of Amtrak;
``(C) 1 shall be a representative of commuter
passenger railroads; and
``(D) 1 shall be a representative of States which
fund intercity passenger rail service.
``(3) The remaining 2 members of the Council shall serve in
a nonvoting advisory capacity only, but shall be entitled to
participate in Council deliberations. Of the remaining
members--
``(A) 1 shall be a representative of rail
passengers; and
``(B) 1 shall be a representative of a non-profit
employee labor organization.
``(4) The Secretary of Transportation and the members of
the Board shall serve as ex officio, nonvoting members of the
Council. The Council shall not be subject to the Federal
Advisory Committee Act (5 U.S.C. App.). A list of the members
appointed to the Council shall be forwarded to the Chairmen and
ranking members of the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives.
``(5) Each ex officio member of the Council may designate
an alternate, who shall serve as a member of the Council
whenever the ex officio member is unable to attend a meeting of
the Council. Any such designated alternate shall be selected
from individuals who exercise significant decision-making
authority in the Federal agency involved.
``(b) Term of Office.--The members of the Council shall be
appointed for a term of office of 3 years, except that of the members
first appointed--
``(1) 4 members shall be appointed for terms of 1 year; and
``(2) 4 members shall be appointed for terms of 2 years, as
designated by the Chairman at the time of appointment. Any
member appointed to fill a vacancy occurring before the
expiration of the term for which the member's predecessor was
appointed shall be appointed only for the remainder of such
term. A member may serve after the expiration of his term until
his successor has taken office. Vacancies on the Council shall
be filled in the same manner in which the original appointments
were made. No member of the Council shall be eligible to serve
in excess of two consecutive terms.
``(c) Election and Duties of Officers.--The Council Chairman and
Vice Chairman and other appropriate officers of the Council shall be
elected by and from the voting members of the Council. The Council
Chairman shall serve as the Council's executive officer and shall
direct the administration of the Council, assign officer and committee
duties, and shall be responsible for issuing and communicating the
reports, policy positions and statements of the Council. In the event
that the Council Chairman is unable to serve, the Vice Chairman shall
act as Council Chairman.
``(d) Expenses.--
``(1) Travel expenses.--The members of the Council shall
receive no compensation for services, but upon request by the
Council Chairman, based on a showing of significant economic
burden, the Secretary of Transportation or the Chairman of the
Board, to the extent provided in advance in appropriation Acts,
may provide reasonable and necessary travel expenses for such
individual Council members from Department or Board funding
sources in order to foster balanced representation on the
Council.
``(2) Reasonable and necessary expenses.--Upon request by
the Council Chairman, the Secretary or Chairman of the Board,
to the extent provided in advance in appropriations Acts, may
pay the reasonable and necessary expenses incurred by the
Council in connection with the coordination of Council
activities, announcement and reporting of meetings, and
preparation of such Council documents as are required or
permitted by this section.
``(3) Additional authorities.--To enable the Council to
carry out activities--
``(A) the Council Chairman may request directly
from any Federal agency such personnel, information,
services, or facilities, on a compensated or
uncompensated basis, as the Council Chairman determines
necessary to carry out the functions of the Council;
``(B) each Federal agency may, in its discretion,
furnish the Council with such information, services,
and facilities as the Council Chairman may request to
the extent permitted by law and within the limits of
available funds; and
``(C) each Federal agency may, in its discretion,
detail to temporary duty with the Council, such
personnel as the Council Chairman may request for
carrying out the functions of the Council, each such
detail to be without loss of seniority, pay, or other
employee status.
``(e) Meetings.--The Council shall meet at least semi-annually and
shall hold other meetings at the call of the Council Chairman.
Appropriate Federal facilities, where available, may be used for such
meetings. Whenever the Council, or a committee of the Council,
considers matters that affect the jurisdictional interests of Federal
agencies that are not represented on the Council, the Council Chairman
may invite the heads of such agencies, or designees of such heads, to
participate in the deliberations of the Council.
``(f) Functions and Duties; Annual Report.--
``(1) Advice.--The Council shall advise the Secretary of
Transportation, the Chairman of the Board, the Committee on
Transportation and Infrastructure of the House of
Representatives, and the Committee on Commerce, Science, and
Transportation of the Senate with respect to rail
transportation policy issues it considers significant, with
particular attention to issues of importance to rail
passengers, including on time performance of intercity
passenger rail on freight-rail hosted routes and Amtrak access
to the track and facilities of host railroads, including access
for additional trains.
``(2) Annual report.--
``(A) In general.--Not later than 90 days after the
last date of each fiscal year, the Council shall submit
to the Secretary of Transportation and Chairman of the
Board an annual report that--
``(i) describes the activities of the
Council;
``(ii) describes the results of the efforts
of the Council to resolve freight rail-
passenger rail conflicts; and
``(iii) proposes any regulatory or
legislative relief the Council considers
appropriate.
``(B) Contents.--The Council shall include in the
annual report--
``(i) such recommendations as the Council
considers appropriate with respect to the
performance of the Secretary of Transportation
and Chairman of the Board under this chapter;
``(ii) recommendations with respect to the
operation and effectiveness of meetings,
industry and passenger rail developments
relating to the Council's efforts, and such
other information as the Council considers
appropriate; and
``(iii) such other information as the
Council considers appropriate.
``(C) Review.--Annual reports prepared under this
paragraph shall--
``(i) be reviewed by the Secretary of
Transportation and Chairman of the Board; and
``(ii) include such Secretary's and
Chairman's views or comments relating to the
accuracy of information therein relating to--
``(I) the efforts of the Council
and the reasonableness of the positions
and actions of the Council; and
``(II) any other aspects of the
work of the Council as the Secretary
and Chairman may consider appropriate.
``(3) Additional reports or policy statements.--The Council
may prepare other reports or develop policy statements as the
Council considers appropriate. Other such reports and
statements may be submitted as the Council considers
appropriate.''.
(b) Technical and Conforming Amendments.--
(1) Clerical amendment.--The analysis for chapter 13 of
title 49, United States Code, is amended by striking the item
relating to section 1326 and inserting the following:
``1326. Passenger-Freight Rail Transportation Advisory Council.
``1327. Authority of the Inspector General.''.
(2) Technical correction.--The analysis for chapter 13 of
title 49, United States Code, is amended--
(A) by striking ``I--ESTABLISHMENT'' and inserting
``SUBCHAPTER I--ESTABLISHMENT''; and
(B) by striking ``II--ADMINISTRATIVE'' and
inserting ``SUBCHAPTER II--ADMINISTRATIVE''.
SEC. 302. PASSENGER RAIL CONSIDERATIONS IN TRANSACTIONS INVOLVING RAIL
CARRIERS.
(a) In General.--Chapter 113 of title 49, United States Code, is
amended--
(1) by redesignating sections 11327 and 11328 as sections
11328 and 11329, respectively; and
(2) by inserting after section 11326 the following:
``Sec. 11327. Passenger rail considerations in transactions involving
rail carriers
``In any case for which approval is sought for a transaction under
section 11323, 11324, or 11325, the Board shall require the rail
carrier to provide a description of how existing passenger rail service
is accommodated, and how future passenger rail service, as contemplated
in state rail plans authorized under chapter 227, section 25101, and
efforts carried out under section 22101(h) of the Passenger Rail
Expansion and Rail Safety Act of 2021 (Public Law 117-58) will be
accommodated. The Board may approve any transaction under section
11323, 11324, or 11325 unless the accommodations provided by the
applicable rail carrier would be insufficient in the public interest,
as determined by the Board.''.
(b) Applicability.--The amendments made by subsection (2) shall
apply to any rail carrier seeking approval under section 11323, 11324,
or 11325 of title 49, United States Code, on or after the date of
enactment of this Act.
(c) Clerical Amendment.--The analysis for chapter 113 of title 49,
United States Code, is amended--
(1) by redesignating the items relating to sections 11327
and 11328 as items relating to sections 11328 and 11329,
respectively; and
(2) by inserting after the item relating to section 11326
the following:
``11327. Passenger rail considerations in transactions involving rail
carriers.''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Transportation and Infrastructure.
Referred to the Subcommittee on Railroads, Pipelines, and Hazardous Materials.
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