S.Amdt. 2609
What it does: Adds SEC. ____. PERIODIC STUDY OF COMPETITION AMONG RAIL CARRIERS at the in the amendment being amended
Sen. Conrad R. Burns (R-MT)What it changes
1 change to S. 1072
Adds SEC. ____. PERIODIC STUDY OF COMPETITION AMONG RAIL CARRIERS at the in the amendment being amended
Adds a sectionInserted: SEC. ____. PERIODIC STUDY OF COMPETITION AMONG RAIL CARRIERS.
Inserted: (a) Requirement for Study.--
Inserted: (1) Triennial study.--Chapter 101 of title 49, United States Code, is amended by adding at the end the following new section:
Inserted: "Sec. 10103. Periodic study of rail carrier competition and
Inserted: processes of the Board
Inserted: "(a) Requirement for Study.--Every three years, the Secretary of Transportation shall conduct a comprehensive study of rail carrier competition and the processes of the Board. The study shall include an assessment of the following:
Inserted: "(1) The availability of effective competitive options among and between rail carriers.
Inserted: "(2) The effectiveness of the processes of the Surface Transportation Board, including the process used for determining the reasonableness of rates of rail carriers.
Inserted: "(3) The availability to rail users of effective regulatory dispute resolution options.
Inserted: "(b) Study To Include Assessment of Rail-to-Rail Competition.--In carrying out the study, the Board shall assess the overall level of rail-to-rail competition in the rail carrier industry in the United States. In making the assessment, the Board shall consider the views of users of the services of rail carriers.
Inserted: "(c) Report to Congress.--Not later than November 15 of each year in which a study is conducted under subsection (a), the Secretary shall submit a report on the results of the study to Congress. The report shall include the following:
Inserted: "(1) The Board's assessment of the overall level of rail-to-rail competition in the rail carrier industry in the United States.
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Inserted: "(2) The markets that have limited rail-to-rail competition.
Inserted: "(3) Any recommendations for enhancing rail-to-rail competition, particularly in markets identified as having limited rail-to-rail competition.
Inserted: "(4) An assessment of the Board's performance of its purpose to promote and enhance competition among and between railroads by--
Inserted: "(A) addressing complaints regarding rates, charges, and service; and
Inserted: "(B) promulgating regulations of general applicability or taking other actions.
Inserted: "(5) Any recommendations for modification of any of the decisions of the Board (or
Inserted: decisions of the former Interstate Commerce Commission continuing in effect) or for modification of the general authority or jurisdiction of the Board.
Inserted: "(6) Any other findings, analyses, assessments, and recommendations that result from the study.".
Inserted: (2) Clerical amendment.--The table of sections at the beginning of such chapter is amended by adding at the end the following:
Inserted: "10103. Periodic study of rail carrier competition and processes of the Board.".
Inserted: (b) Time for First Study.--The first study under section 10103 of title 49, United States Code (as added by subsection (a)), shall be carried out not later than two years after the date of the enactment of this Act.
Original wording
At the end of the amendment, add the following:
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
SA 2609. Mr. BURNS (for himself, Mr. Dorgan, and Mr. Rockefeller) submitted an amendment intended to be proposed by him to the bill S. 1072, to authorize funds for Federal-aid highways, highway safety programs, and transit programs, and for other purposes; which was ordered to lie on the table; as follows:
At the end of the amendment, add the following:
SEC. ____. PERIODIC STUDY OF COMPETITION AMONG RAIL CARRIERS.
(a) Requirement for Study.--
(1) Triennial study.--Chapter 101 of title 49, United States Code, is amended by adding at the end the following new section:
“Sec. 10103. Periodic study of rail carrier competition and
processes of the Board
“(a) Requirement for Study.--Every three years, the Secretary of Transportation shall conduct a comprehensive study of rail carrier competition and the processes of the Board. The study shall include an assessment of the following:
“(1) The availability of effective competitive options among and between rail carriers.
“(2) The effectiveness of the processes of the Surface Transportation Board, including the process used for determining the reasonableness of rates of rail carriers.
“(3) The availability to rail users of effective regulatory dispute resolution options.
“(b) Study To Include Assessment of Rail-to-Rail Competition.--In carrying out the study, the Board shall assess the overall level of rail-to-rail competition in the rail carrier industry in the United States. In making the assessment, the Board shall consider the views of users of the services of rail carriers.
“(c) Report to Congress.--Not later than November 15 of each year in which a study is conducted under subsection (a), the Secretary shall submit a report on the results of the study to Congress. The report shall include the following:
“(1) The Board's assessment of the overall level of rail-to-rail competition in the rail carrier industry in the United States.
“(2) The markets that have limited rail-to-rail competition.
“(3) Any recommendations for enhancing rail-to-rail competition, particularly in markets identified as having limited rail-to-rail competition.
“(4) An assessment of the Board's performance of its purpose to promote and enhance competition among and between railroads by--
“(A) addressing complaints regarding rates, charges, and service; and
“(B) promulgating regulations of general applicability or taking other actions.
“(5) Any recommendations for modification of any of the decisions of the Board (or
decisions of the former Interstate Commerce Commission continuing in effect) or for modification of the general authority or jurisdiction of the Board.
“(6) Any other findings, analyses, assessments, and recommendations that result from the study.”.
(2) Clerical amendment.--The table of sections at the beginning of such chapter is amended by adding at the end the following:
“10103. Periodic study of rail carrier competition and processes of the Board.”.
(b) Time for First Study.--The first study under section 10103 of title 49, United States Code (as added by subsection (a)), shall be carried out not later than two years after the date of the enactment of this Act.
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Senate amendment submitted
February 12, 2004