S.Amdt. 2562Senate108th Congress (2003-2005)

S.Amdt. 2562

What it does: Adds SEC. 4. RAIL CUSTOMER ADVOCATE IN THE DEPARTMENT OF TRANSPORTATION on page 2, line 14
Sponsored by Max BaucusSen. Max Baucus (D-MT)
Submitted February 12, 2004

What it changes

1 change to S. 1072

Adds a section
  1. Adds SEC. 4. RAIL CUSTOMER ADVOCATE IN THE DEPARTMENT OF TRANSPORTATION on page 2, line 14

    Adds a sectionPrinted page

    Inserted: SEC. 4. RAIL CUSTOMER ADVOCATE IN THE DEPARTMENT OF TRANSPORTATION.

    Inserted: (a) Participation of Rail Customer Advocate in STB Proceedings.--

    Inserted: (1) Authority and responsibilities.--Chapter 105 is amended by adding at the end the following new section:

    Inserted: "Sec. 10503. Participation of Rail Customer Advocate in Board proceedings

    Inserted: "(a) Authority.--The following persons are authorized to petition the Board for an exercise of authority of the Board regarding rail transportation of any agricultural or forestry commodity or product, and to participate in any proceeding of the Board regarding rail transportation of such a commodity or product:

    Inserted: "(1) The Rail Customer Advocate of the Department of Transportation.

    Inserted: "(2) Any official of the government of a State whose functions are the same as or similar to the functions of the Rail Customer Advocate of the Department of Transportation.

    Inserted: "(b) Consideration of Presentations by Advocate.--(1) The Board shall accord significant persuasive weight to any material evidence, proposal, or view that is presented by an official referred to in subsection (a) with respect to rail transportation of an agricultural or forestry commodity or product.

    Inserted: "(2) In disposing of any matter before the Board in which an official referred to in subsection (a) has participated under the authority of such subsection, the Board shall present in writing a detailed explanation of any disagreement of the Board with matters presented to the Board by that official.".

    Inserted: (2) Clerical amendment.--The table of sections at the beginning of such chapter is amended by adding at the end the following new item:

    Inserted: "10503. Participation of Rail Customer Advocate in Board proceedings.".

    Inserted: (b) Establishment and Duties.--

    Show 14 more inserted paragraphs

    Inserted: (1) In general.--The Department of Transportation Reorganization Act is amended by adding at the end the following new section:

    Inserted: "SEC. 286. RAIL CUSTOMER ADVOCATE.

    Inserted: "(a) Establishment of Office.--There is established within the Department an Office of Rail Customer Advocacy.

    Inserted: "(b) Rail Customer Advocate.--

    Inserted: "(1) Appointment.--The Secretary shall appoint the Rail Customer Advocate.

    Inserted: "(2) Head of office.--The Rail Customer Advocate is the head of the Office of Rail Customer Advocacy.

    Inserted: "(c) Functions.--The Rail Customer Advocate has the following functions:

    Inserted: "(1) Participation in stb proceedings.--To participate as a party in proceedings of the Surface Transportation Board on petitions for action by the Board regarding the regulation of rail transportation of agricultural or forestry commodities or products, and to initiate any such action.

    Inserted: "(2) Compilation of information.--To collect, compile, and maintain information regarding the cost and efficiency of rail transportation of agricultural commodities and products and forestry commodities and products.

    Inserted: "(3) Studies.--To perform studies regarding rail transportation of agricultural commodities and products and forestry commodities and products.

    Inserted: "(d) Access to STB Information.--To carry out the functions under subsection (b), the Rail Customer Advocate shall have access to information, including databases, of the Surface Transportation Board.".

    Inserted: (B) in paragraph (5), by striking the period at the end and inserting "; or"; and

    Inserted: (C) by adding at the end the following:

    Inserted: "(6) the establishment of the Office of Rail Consumer Advocacy of the Department under section 286.".

    Original wording

    On page 2, after line 14, insert the following new section:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed

SA 2562. Mr. BAUCUS 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:

On page 2, after line 14, insert the following new section:

SEC. 4. RAIL CUSTOMER ADVOCATE IN THE DEPARTMENT OF TRANSPORTATION.

(a) Participation of Rail Customer Advocate in STB Proceedings.--

(1) Authority and responsibilities.--Chapter 105 is amended by adding at the end the following new section:

“Sec. 10503. Participation of Rail Customer Advocate in

Board proceedings

“(a) Authority.--The following persons are authorized to petition the Board for an exercise of authority of the Board regarding rail transportation of any agricultural or forestry commodity or product, and to participate in any proceeding of the Board regarding rail transportation of such a commodity or product:

“(1) The Rail Customer Advocate of the Department of Transportation.

“(2) Any official of the government of a State whose functions are the same as or similar to the functions of the Rail Customer Advocate of the Department of Transportation.

“(b) Consideration of Presentations by Advocate.--(1) The Board shall accord significant persuasive weight to any material evidence, proposal, or view that is presented by an official referred to in subsection (a) with respect to rail transportation of an agricultural or forestry commodity or product.

“(2) In disposing of any matter before the Board in which an official referred to in subsection (a) has participated under the authority of such subsection, the Board shall present in writing a detailed explanation of any disagreement of the Board with matters presented to the Board by that official.”.

(2) Clerical amendment.--The table of sections at the beginning of such chapter is amended by adding at the end the following new item:

“10503. Participation of Rail Customer Advocate in Board proceedings.”.

(b) Establishment and Duties.--

(1) In general.--The Department of Transportation Reorganization Act is amended by adding at the end the following new section:

“SEC. 286. RAIL CUSTOMER ADVOCATE.

“(a) Establishment of Office.--There is established within the Department an Office of Rail Customer Advocacy.

“(b) Rail Customer Advocate.--

“(1) Appointment.--The Secretary shall appoint the Rail Customer Advocate.

“(2) Head of office.--The Rail Customer Advocate is the head of the Office of Rail Customer Advocacy.

“(c) Functions.--The Rail Customer Advocate has the following functions:

“(1) Participation in stb proceedings.--To participate as a party in proceedings of the Surface Transportation Board on petitions for action by the Board regarding the regulation of rail transportation of agricultural or forestry commodities or products, and to initiate any such action.

“(2) Compilation of information.--To collect, compile, and maintain information regarding the cost and efficiency of rail transportation of agricultural commodities and products and forestry commodities and products.

“(3) Studies.--To perform studies regarding rail transportation of agricultural commodities and products and forestry commodities and products.

“(d) Access to STB Information.--To carry out the functions under subsection (b), the Rail Customer Advocate shall have access to information, including databases, of the Surface Transportation Board.”.

(B) in paragraph (5), by striking the period at the end and inserting “; or”; and

(C) by adding at the end the following:

“(6) the establishment of the Office of Rail Consumer Advocacy of the Department under section 286.”.

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Senate amendment submitted

February 12, 2004