[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1389 Reported in Senate (RS)]






                                                       Calendar No. 253
108th CONGRESS
  1st Session
                                S. 1389

                          [Report No. 108-129]

 To authorize appropriations for the Surface Transportation Board for 
        fiscal years 2004 through 2008, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 10, 2003

  Mr. McCain (for himself and Mr. Hollings) introduced the following 
 bill; which was read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

                            August 26, 2003

    Reported under authority of the order of the Senate of July 29 
   (legislative day, July 21), 2003, by Mr. McCain, with an amendment
  [Omit the part struck through and insert the part printed in italic]

_______________________________________________________________________

                                 A BILL


 
 To authorize appropriations for the Surface Transportation Board for 
        fiscal years 2004 through 2008, 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; AMENDMENT OF TITLE 49.

    (a) Short Title.--This Act may be cited as the ``Surface 
Transportation Board Reauthorization Act of 2003''.
    (b) Amendment of Title 49.--Except as otherwise expressly provided, 
whenever in this Act an amendment or repeal is expressed in terms of an 
amendment to, or a repeal of, a section or other provision, the 
reference shall be considered to be made to a section or other 
provision of title 49, United States Code.

SEC. 2. AUTHORIZATION LEVELS.

    There are authorized to be appropriated to the Surface 
Transportation Board $20,516,000 for fiscal year 2004, $21,215,000 for 
fiscal year 2005, $23,770,000 for fiscal year 2006, $22,564,000 for 
fiscal year 2007, and $23,488,000 for fiscal year 2008.

SEC. 3. CHAIRMAN DESIGNATED WITH SENATE CONFIRMATION.

    Section 701(c)(1) is amended by striking ``President'' and 
inserting ``President, by and with the advice and consent of the 
Senate,''.

SEC. 4. EXPEDITED PROCEDURE FOR SMALL RATE CHALLENGES.

    (a) In General.--Within 180 days after the date of enactment of 
this Act, the Surface Transportation Board shall promulgate 
supplemental regulations under section 10701(d)(3) of title 49, United 
States Code.
    (b) Requirements.--The supplemental regulations shall establish--
            (1) clear standards for determining which small rate 
        challenges are eligible to use an expedited procedure, taking 
        into account the size of the shipper, the value of the case, 
        and other relevant factors;
            (2) clear tests for determining the reasonableness of such 
        challenged rates;
            (3) streamlined evidentiary requirements; and
            (4) costs that do not exceed the cost of bringing a civil 
        action in a district court of the United States.
    (c) Expedited Process.--The revised regulations shall also provide 
a procedure that--
            (1) will permit rate challenges under the regulations to be 
        completed within the time frame established by section 
        10704(c)(2) of title 49, United States Code; and
            (2) may provide for an initial determination of such rate 
        challenges by an administrative law judge, with an opportunity 
        for appeal of such determination to the full Board; and
            (3) will provide for full Board review.
    (d) Legislative Relief.--The Board shall notify the Senate 
Committee on Commerce, Science, and Transportation and the House of 
Representatives Committee on Transportation and Infrastructure if the 
Board determines that additional changes in the regulations are 
appropriate and require commensurate changes in statutory law. In 
making that notification, the Board shall make recommendations 
concerning those changes.

SEC. 5. APPLICATION OF CERTAIN AGREEMENTS.

    Section 11326 is amended by adding at the end the following:
    ``(d) Certain Agreements.--The terms of the agreement entitled 
`Revised Standards for Preemption of Collective Bargaining Agreements 
for Transactions Initiated Pursuant to Section 11323 of the Interstate 
Commerce Act' dated March 21, 2001, by and between 6 Class I railroads 
and 11 labor organizations, and the terms of the agreement entitled 
`Revised Standards for Preemption of Collective Bargaining Agreements 
for Transactions Initiated Pursuant to Section 11323 of the Interstate 
Commerce Act' dated February 11, 2000, by and between 5 Class I 
railroads, the National Carriers' Conference Committee, and the United 
Transportation Union (except for the provisions in both agreements 
stating `The terms of this agreement will become null and void when 
enacted into law'), shall apply to the signatories to such agreements 
in connection with transactions that are approved under sections 11324 
and 11325 and that are covered by such agreements, unless the affected 
rail carriers and the applicable labor organization or organizations 
agree on alternative terms. The terms of such agreements shall not be 
subject to the exemption provisions of section 11321(a) or any future 
exemption provisions.''.




                                                       Calendar No. 253

108th CONGRESS

  1st Session

                                S. 1389

                          [Report No. 108-129]

_______________________________________________________________________

                                 A BILL

 To authorize appropriations for the Surface Transportation Board for 
        fiscal years 2004 through 2008, and for other purposes.

_______________________________________________________________________

                            August 26, 2003

                       Reported with an amendment