I
108TH CONGRESS
1ST SESSION
H. R. 2192
To authorize appropriations for the Surface Transportation Board, to enhance
railroad competition, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MAY 21, 2003
Mr. OBERSTAR introduced the following bill; which was referred to the
Committee on Transportation and Infrastructure
A BILL
To authorize appropriations for the Surface Transportation
Board, to enhance railroad competition, and for other
purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Surface Transpor-
tation Board Reform Act of 2003’’.
SEC. 2. TABLE OF CONTENTS.
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I—RAILROAD COMPETITION
Sec. 101. Clarification of rail transportation policy.
Sec. 102. Fostering rail to rail competition.
Sec. 103. Simplified relief process for small captive grain shippers.
Sec. 104. Competitive rail service in terminal areas.
Sec. 105. Simplified standards for market dominance.
Sec. 106. Revenue adequacy determinations.
Sec. 107. Rail carrier service quality performance reports.
TITLE II—MISCELLANEOUS
Sec. 201. Effect of mergers on local communities and rail passenger transpor-
tation.
Sec. 202. Use of facilities by commuter authorities.
Sec. 203. Side tracks.
Sec. 204. Public availability of water carrier tariffs.
TITLE III—AUTHORIZATION OF APPROPRIATIONS
Sec. 301. Authorization of appropriations.
TITLE I—RAILROAD
COMPETITION
SEC. 101. CLARIFICATION OF RAIL TRANSPORTATION POL-
ICY.
Section 10101 of title 49, United States Code, is
amended—
(1) by inserting ‘‘(a) IN GENERAL.—’’ before
‘‘In regulating’’; and
(2) by adding at the end the following:
‘‘(b) PRIMARY OBJECTIVES.—The primary objectives
of the rail transportation policy of the United States shall
be—
‘‘(1) to ensure effective competition among rail
carriers at origin and destination;
‘‘(2) to maintain reasonable rates in the ab-
sence of effective competition;
‘‘(3) to maintain consistent and efficient rail
transportation service to shippers, including the
timely provision of railcars requested by shippers;
and
‘‘(4) to ensure that smaller carload and inter-
modal shippers are not precluded from accessing rail
systems due to volume requirements.’’.
SEC. 102. FOSTERING RAIL TO RAIL COMPETITION.
(a) ESTABLISHMENT OF RATE.—Section 11101(a) of
title 49, United States Code, is amended by inserting after
the first sentence the following: ‘‘Upon the request of a
shipper, a rail carrier shall establish a rate for transpor-
tation and provide service requested by the shipper be-
tween any two points on the system of that carrier where
traffic originates, terminates, or may reasonably be inter-
changed. A carrier shall establish a rate and provide serv-
ice upon such request without regard to—
‘‘(1) whether the rate established is for only
part of a movement between an origin and a destina-
tion;
‘‘(2) whether the shipper has made arrange-
ments for transportation for any other part of that
movement; or
‘‘(3) whether the shipper currently has a con-
tract with any rail carrier for part or all of its trans-
portation needs over the route of movement.
If such a contract exists, the rate established by the car-
rier shall not apply to transportation covered by the con-
tract.’’.
(b) REVIEW OF REASONABLENESS OF RATES.—Sec-
tion 10701(d) of title 49, United States Code, is
amended—
(1) by redesignating paragraph (3) as para-
graph (4); and
(2) by inserting after paragraph (2) the fol-
lowing:
‘‘(3) A shipper may challenge the reasonableness of
any rate established by a rail carrier in accordance with
section 11101(a) or with subsection (c) of this section.
The Board shall determine the reasonableness of the rate
so challenged without regard to—
‘‘(A) whether the rate established is for only
part of a movement between an origin and a destina-
tion;
‘‘(B) whether the shipper has made arrange-
ments for transportation for any other part of that
movement; or
‘‘(C) whether the shipper currently has a con-
tract with a rail carrier for any part of the rail traf-
fic at issue, provided that the rate prescribed by the