Board shall not apply to transportation covered by
such a contract.’’.
SEC. 103. SIMPLIFIED RELIEF PROCESS FOR SMALL CAP-
TIVE GRAIN SHIPPERS.
(a) LIMITATION
ON FEES.—Notwithstanding any
other provision of law, the Surface Transportation Board
shall not impose fees in excess of $1,000 for services col-
lected from an eligible facility in connection with rail max-
imum rate complaints under part 1002 of title 49, Code
of Federal Regulations.
(b) SIMPLIFIED RATE AND SERVICE RELIEF.—Sec-
tion 10701 of title 49, United States Code, is amended
by adding at the end thereof the following:
‘‘(e) SIMPLIFIED RATES AND SERVICES.—
‘‘(1) IN GENERAL.—Notwithstanding any other
provision of law, a rail carrier may not charge a rate
for shipments from or to an eligible facility which re-
sults in a revenue-to-variable cost percentage, using
system average costs, for the transportation service
to which the rate applies that is greater than 180
percent.
‘‘(2) ACCEPTANCE
OF
REQUESTS.—Notwith-
standing any other provision of law, a rail carrier
shall accept all requests for grain service from an el-
igible facility up to a maximum of 110 percent of
the grain carloads shipped from or to the facility in
the immediately preceding calendar year. If, in a
majority of instances, a rail carrier does not in any
45-day period, supply the number of grain cars so
ordered by an eligible facility or does not initiate
service within 30 days of the reasonably specified
loading date, the eligible facility may request that an
alternative rail carrier provide the service using the
tracks of the original carrier. If the alternative rail
carrier agrees to provide such service, and such serv-
ice can be provided without substantially impairing
the ability of the carrier whose tracks reach the fa-
cility to use such tracks to handle its own business,
the Board shall order the alternative carrier to com-
mence service and to compensate the other carrier
for the use of its tracks. The alternative carrier shall
provide reasonable compensation to the original car-
rier for the use of the original carrier’s tracks.
‘‘(3) CANCELLATION
PENALTIES.—A carrier
may accept car orders under paragraph (2) subject
to reasonable penalties for service requests that are
canceled by the requester. If the carrier fills such or-
ders more than 15 days after the reasonably speci-
fied loading date, the carrier may not assess a pen-
alty for canceled car orders.
‘‘(4) DAMAGES.—A rail carrier that fails to
provide service under the requirements of paragraph
(2) is liable for damages to an eligible facility that
does not have access to an alternative carrier, in-
cluding lost profits, attorney’s fees, and any other
consequences attributable to the carrier’s failure to
provide the ordered service. A claim for such damage
may be brought in an appropriate United States
District Court or before the Board.
‘‘(5) TIMETABLE FOR BOARD PROCEEDING.—
The Board shall conclude any proceeding brought
under this subsection no later than 180 days from
the date a complaint is filed.
‘‘(6) DEFINITIONS.—In this subsection:
‘‘(A) ELIGIBLE FACILITY.—The term ‘eli-
gible facility’ means a shipper facility that—
‘‘(i) is the origin or destination for not
more than 4,000 carloads annually of
grain as defined in section 3(g) of the
United States Grain Standards Act (7
U.S.C. 75(g));
‘‘(ii) is served by a single rail carrier
at its origin;
‘‘(iii) has more than 60 percent of the
facility’s inbound or outbound grain and
grain product shipments (excluding the de-
livery of grain to the facility by producers),
measured by weight or bushels moved via
a rail carrier in the immediately preceding
calendar year; and
‘‘(iv) the rate charged by the rail car-
rier for the majority of shipments of grain
and grain products from or to the facility,
excluding premium for special service pro-
grams, results in a revenue-to-variable cost
percentage, using system average costs, for
the transportation to which the rate ap-
plies that is equal to or greater than 180
percent.
‘‘(B) REASONABLE
COMPENSATION.—The
term ‘reasonable compensation’ shall mean an
amount no greater than the total shared costs
of the original carrier and the alternative car-
rier incurred, on a usage basis, for the provision
of service to an eligible facility. If the carriers
are unable to agree on compensation terms
within 15 days after the facility requests service
from the alternative carrier, the alternative car-
rier or the eligible facility may request the
Board to establish the compensation and the
Board shall establish the compensation within
45 days after such request is made.
‘‘(C) 
ORIGINAL
CARRIER.—The 
term
‘original carrier’ means a rail carrier which pro-
vides the only rail service to an eligible facility
using its own tracks or provides such service
over an exclusive lease of the tracks serving the
eligible facility.
‘‘(D) ALTERNATIVE CARRIER.—The term
‘alternative carrier’ means a rail carrier that is
not an original carrier to an eligible facility.’’.
SEC. 104. COMPETITIVE RAIL SERVICE IN TERMINAL
AREAS.
(a) TRACKAGE RIGHTS.—Section 11102(a) of title
49, United States Code, is amended—
(1) by striking ‘‘may’’ in the first sentence and
inserting ‘‘shall’’;
(2) by inserting after ‘‘business.’’ the following:
‘‘In making this determination, the Board shall not
require evidence of anticompetitive conduct by the
rail carrier from which access is sought.’’; and
(3) by striking ‘‘may’’ in the next-to-last sen-
tence and inserting ‘‘shall’’.
(b) RECIPROCAL SWITCHING.—Section 11102(c)(1)
of title 49, United States Code, is amended—
(1) by striking ‘‘may’’ in the first sentence and
inserting ‘‘shall’’;
(2) by inserting after ‘‘service.’’ the following:
‘‘In making this determination, the Board shall not
require evidence of anticompetitive conduct by the
rail carrier from which access is sought.’’; and
(3) by striking ‘‘may’’ in the last sentence and
inserting ‘‘shall’’.
SEC. 105. SIMPLIFIED STANDARDS FOR MARKET DOMI-
NANCE.
Section 10707(d)(1)(A) of title 49, United States
Code, is amended by adding at the end thereof the fol-
lowing: ‘‘The Board shall not consider evidence of product
or geographic competition in making a market dominance
determination under this section.’’.
SEC. 106. REVENUE ADEQUACY DETERMINATIONS.
(a) 
RAIL
TRANSPORTATION
POLICY.—Section
10101(a)(3) of title 49, United States Code (as so redesig-
nated by section 101 of this Act), is amended by striking
‘‘revenues, as determined by the Board;’’ and inserting
‘‘revenues;’’.
(b) STANDARDS FOR RATES.—Section 10701(d)(2)
of title 49, United States Code, is amended by striking
‘‘revenues, as established by the Board under section
10704(a)(2) of this title’’ and inserting ‘‘revenues’’.
(c) REVENUE ADEQUACY DETERMINATIONS.—Sec-
tion 10704(a) of title 49, United States Code, is
amended—
(1) by striking ‘‘(a)(1)’’ and inserting ‘‘(a)’’;
and
(2) by striking paragraphs (2) and (3).
SEC. 107. RAIL CARRIER SERVICE QUALITY PERFORMANCE
REPORTS.
(a) IN GENERAL.—Chapter 5 of subtitle I of title 49,
United States Code, is amended by adding at the end
thereof the following:
‘‘SUBCHAPTER III—PERFORMANCE REPORTS
‘‘§ 541. Rail carrier service quality performance re-
ports
‘‘(a) IN GENERAL.—The Secretary of Transportation
shall require, by regulation, each rail carrier to submit a
monthly report to the Secretary, in such uniform format
as the Secretary may by regulation prescribe, containing
information about—
‘‘(1) its on-time performance;
‘‘(2) its car availability deadline performance;
‘‘(3) its average train speed;
‘‘(4) its average terminal dwell time;
‘‘(5) the number of its cars loaded (by major
commodity group); and
‘‘(6) such other aspects of its performance as a
rail carrier as the Secretary may require.
‘‘(b) INFORMATION FURNISHED TO STB; THE PUB-
LIC.—The Secretary shall furnish a copy of each report
required under subsection (a) to the Surface Transpor-
tation Board no later than the next business day following
its receipt by the Secretary, and shall make each such re-
port available to the public.
‘‘(c) ANNUAL REPORT TO THE CONGRESS.—The Sec-
retary shall transmit to the Congress an annual report
based upon information received by the Secretary under
this section.
‘‘(d) DEFINITIONS.—In this section, the definitions
in section 10102 apply.’’.
(b) CONFORMING AMENDMENT.—The chapter anal-
ysis for chapter 5 of subtitle I of title 49, United States
Code, is amended by adding at the end thereof the fol-
lowing:
‘‘SUBCHAPTER III—PERFORMANCE REPORTS
‘‘541. Rail carrier service quality performance reports.’’.
TITLE II—MISCELLANEOUS
SEC. 201. EFFECT OF MERGERS ON LOCAL COMMUNITIES
AND RAIL PASSENGER TRANSPORTATION.
Section 11324 of title 49, United States Code, is
amended—
(1) in subsection (b)—
(A) by striking ‘‘and’’ at the end of para-
graph (4);
(B) by striking the period at the end of
paragraph (5) and inserting a semicolon; and
(C) by adding at the end the following new
paragraphs:
‘‘(6) the safety and environmental effects of the
proposed transaction, including the effect on local
communities, and the public interest in enforcing
Federal, State, and local safety and environmental
laws; and
‘‘(7) the effect of the proposed transaction on
rail passenger transportation.’’; and
(2) in subsection (c), by inserting ‘‘The Board
shall impose conditions under this subsection to
mitigate the effects of the transaction on local com-
munities when such conditions are in the public in-
terest. In imposing such conditions, the Board shall
consider the effect of those conditions on local com-
munities, and shall consider the public interest in
the enforcement of Federal, State, and local safety
and environmental laws.’’ after ‘‘effects are allevi-
ated.’’.
SEC. 202. USE OF FACILITIES BY COMMUTER AUTHORITIES.
(a) AMENDMENT.—Chapter 241 of title 49, United
States Code, is amended by adding at the end the fol-
lowing new section:
‘‘§ 24105. Use of facilities by commuter authorities
‘‘A commuter authority may make an agreement with
a rail carrier or regional transportation authority to use
facilities of, and have services provided by, the carrier or
authority in the same manner and under the same condi-
tions as may Amtrak under section 24308. In carrying
out this section, the Board shall ensure that commuter
authorities are able to provide commuter rail passenger
transportation that develops the potential of modern rail
transportation to meet the commuter rail passenger trans-
portation needs of the United States.’’.
(b) TABLE OF SECTIONS.—The table of sections for
such chapter 241 is amended by adding at the end the
following new item:
‘‘24105. Use of facilities by commuter authorities.’’.
SEC. 203. SIDE TRACKS.
Section 10906 of title 49, United States Code, and
the item relating thereto in the table of sections of chapter
109 of that title, are repealed.
SEC. 204. PUBLIC AVAILABILITY OF WATER CARRIER TAR-
IFFS.
Section 13702(b) of title 49, United States Code, is
amended—
(1) by amending paragraph (1) to read as fol-
lows:
‘‘(1) TARIFF
AVAILABILITY.—A carrier pro-
viding transportation or service described in sub-
section (a)(1) shall make its tariffs available elec-
tronically to any person, without time, quantity, or
other limitation, through appropriate access from re-
mote locations, and a reasonable charge may be as-
sessed for such access. No charge may be assessed
a Federal agency for such access.’’;
(2) in paragraph (3), by striking ‘‘tariff filings’’
and inserting ‘‘tariffs’’;
(3) in paragraph (4), by striking ‘‘filed under
this subsection’’; and
(4) in paragraph (5), by striking ‘‘filing com-
plete tariffs under this subsection’’ and inserting
‘‘changing their complete electronic tariffs’’.
TITLE III—AUTHORIZATION OF
APPROPRIATIONS
SEC. 301. AUTHORIZATION OF APPROPRIATIONS.
Section 705 of title 49, United States Code, is
amended by striking paragraphs (1) through (3) and in-
serting the following:
‘‘(1) $20,000,000 for fiscal year 2004;
‘‘(2) $25,000,000 for fiscal year 2005; and
‘‘(3) $27,000,000 for fiscal year 2006.’’.
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