11

1 covering such employees, until the earlier of (1) the date 2 as of which such moratorium expires, or (2) the date as 3 of which such dock company or common carrier railroad 4 agrees through collective bargaining to make the provisions 5 of such amendments applicable.

6 (c) The amendments made by sections 103, 104, 105, 7 106, and 107 of this Act shall be effective on the enactment 8 date of this Act: Provided, however, That any increases in 9 annuities or pensions resulting from the provisions of sec10 tions 104 and 105 of this Act shall be effective on the same 11 date or dates as the benefit increases under title II of the 12 Social Security Act which gave rise to such annuity or 13 pension increases are effective.

14 SEC. 109. This title may be cited as the "Railroad Re15 tirement Amendments of 1973".

16

17

18

19

TITLE II-INTERSTATE COMMERCE ACT

AMENDMENTS

SEC. 201. Section 15a of the Interstate Commerce Act,

as amended, is amended by adding at the end thereof the

20 following new paragraph:

220

21

"(4) (a) Notwithstanding any other provision of law,

22 the Commission shall, within thirty days of the filing of a ver23 ified petition by any carrier or group of carriers subject to 24 this part, permit the establishment of increases in the gen25 eral level of both the interstate and intrastate rates of said.

12

1 carrier or carriers in an amount approximating that needed 2 to offset increases in expenses theretofore experienced or 3 demonstrably certain to occur commencing on or before the 4 effective date of the increased rates, as a result of any in5 creases in taxes under the Railroad Retirement Tax Act, as 6 amended, occurring before January 1, 1975, or as a result of 7 the enactment of the Railroad Retirement Amendments of 8 1973. Such increases in rates may be made effective on 9 not more than thirty nor less than ten days' notice to the 10 public, notwithstanding any outstanding orders of the Com11 mission. To the extent necessary to effectuate their establish12 ment, rates so increased shall be relieved from the provisions 13 of section 4 of this part and may be published in tariff sup14 plements of the kind ordinarily authorized in general in15 crease proceedings.

16

"(b) The Commission shall within sixty days from the 17 date of establishment of interim rates under paragraph (4) 18 (a) of this section commence hearings for the purpose of 19 making the final rate determination. The Commission shall 20 then proceed to make such final rate determination. In mak21 ing such determination, the Commission may take into ac22 count all factors appropriate to ratemaking generally under 23 part I of this Act and shall determine such final rates under 24 the standards and limitations applicable to ratemaking gener

13

1 authorized by the Commission are less than the increases in 2 rates initially made effective, the carrier or carriers shall upon 3 demand, subject to such tariff provisions as the Commission 4 shall deem sufficient, make refunds in the amount by which 5 the initially increased rate collected exceeds the finally 6 authorized increased rate. Nothing contained in this para7 graph shall limit or otherwise affect the authority of the 8 Commission to authorize or to permit to become effective any 9 increase in rates other than the increases herein specified." 10 SEC. 202. Section 13 of the Interstate Commerce Act, as amended, is amended by adding at the end thereof the 12 following new paragraph:

11

13

"(5) Whenever, under the provisions of paragraph 14 (4) of section 15a of this part, the Commission permits

15

or authorizes any increase in the general level of rates, it 16 shall require that any carrier or group of carriers making 17 such an increase effective shall make it effective concur18 rently both as to interstate rate, fares, charges, classifica19 tions, regulations or practices and those made or imposed by 20 authority of any State; and such intrastate increases shall be 21 deemed to have been prescribed within the meaning and 22 under the authority of paragraph (4) of this section: Pro23 vided, however, That to the extent any increases in rate finally 24 authorized by the Commission under paragraph (4) of sec25 tion 15a are less than increases in rates initially made effec

2223

14

tive hereunder, the carrier or carriers shall upon demand, 2 subject to such tariff provisions as the Commission shall 3 deem sufficient, make refunds in the amount by which the 4 initially increased rate collected exceeds the finally author5 ized increased rate."

6

SEC. 203. This title may be cited as the "Railroad Rate 7 Adjustment Act of 1973".

8

9

TITLE III-SEPARABILITY

SEC. 301. If any provision of this Act or the applica10 tion thereof to any person or circumstances should be held 11 invalid, the remainder of such Act or the application of such 12 provision to other persons or circumstances shall not be 13 affected thereby.

Passed the House of Representatives May 22, 1973.

Attest:

W. PAT JENNINGS,

Clerk.

93D CONGRESS 1ST SESSION

S. 1886

IN THE SENATE OF THE UNITED STATES

MAY 23, 1973

Mr. HATHAWAY introduced the following bill; which was read twice and, by unanimous consent, referred to the Committees on Labor and Public Welfare and Finance

A BILL

To amend section 5 (1) (1) of the Railroad Retirement Act of 1937 to simplify administration of the Act; and to amend section 226 (e) of the Social Security Act to extend kidney disease medicare coverage to railroad employees, their spouses, and their dependent children; and for other purposes.

1

Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 3 That section 3 (e) of the Railroad Retirement Act of 1937 4 is amended by striking out the word "and" after clause 5 (ix) in the second paragraph thereof and inserting after 6 the semicolon in clause (x) in such second paragraph the 7 following new clauses:

II