[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2071 Introduced in Senate (IS)]

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118th CONGRESS
  1st Session
                                S. 2071

To amend section 11101 of title 49, United States Code, to ensure that 
   rail carriers provide transportation or service in a manner that 
        fulfills the shipper's reasonable service requirements.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 21, 2023

  Ms. Baldwin (for herself and Mr. Marshall) introduced the following 
 bill; which was read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
To amend section 11101 of title 49, United States Code, to ensure that 
   rail carriers provide transportation or service in a manner that 
        fulfills the shipper's reasonable service requirements.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Reliable Rail Service Act''.

SEC. 2. COMMON CARRIER TRANSPORTATION.

    Section 11101 of title 49, United States Code, is amended--
            (1) in subsection (a)--
                    (A) by inserting ``(1)'' after ``(a)'';
                    (B) by inserting ``, in a manner that meets the 
                shipper's need for timely, efficient, and reliable rail 
                service and fulfills the shipper's reasonable service 
                requirements'' after ``on reasonable request''; and
                    (C) by adding at the end the following:
    ``(2) In determining whether a rail carrier has violated this 
section with respect to the provision of reasonable transportation 
service and the ability of the rail carrier to meet its obligations 
under this section, the Board shall consider--
            ``(A) the impacts of reductions or changes in the frequency 
        of transportation or service, and the availability and 
        maintenance of reasonable local service schedules and delivery 
        windows, on the provision of reasonable transportation service;
            ``(B) the impacts of reductions in employment levels, 
        including--
                    ``(i) reductions in clerical, customer service, 
                maintenance, dispatch and train and engine service 
                employees;
                    ``(ii) reductions or changes in train or yard crew 
                availability; and
                    ``(iii) the consolidation or shifting of crews 
                across or within service territories;
            ``(C) the impacts of reductions in equipment and the 
        availability of equipment, maintenance of equipment or railroad 
        infrastructure, lines and yards, or shifting of equipment 
        across or within service territories or customer and commodity 
        groups;
            ``(D) whether the service reasonably meets the local 
        operational and service requirements of the person requesting 
        transportation or service that are consistent with the person's 
        needs and requirements for the efficient and reliable receipt, 
        transportation and delivery of property;
            ``(E) the transportation needs or circumstances of the 
        person requesting transportation or service based upon previous 
        service experience and taking into account any physical or 
        operational limitations or restrictions at a facility or 
        location;
            ``(F) the commitment of the person requesting 
        transportation or service of equipment or other resources to 
        support the transportation or service;
            ``(G) whether any conditions imposed by the rail carrier as 
        requirements for service are required to meet the local service 
        requirements of the person requesting service or permit the 
        rail carrier to recover its variable cost of providing the 
        requested transportation or service;
            ``(H) how the carrier is handling equipment owned by 
        others; and
            ``(I) whether conditions imposed by the rail carrier as 
        requirements for service, including demurrage, are reasonably 
        reciprocated to meet the service requirements of the person 
        requesting service.'';
            (2) in subsection (b), in the matter preceding paragraph 
        (1), by striking ``terms.'' and inserting ``terms, including 
        reasonable transit or cycle times and other service standards, 
        as requested, consistent with the needs and requirements of the 
        person on whose behalf the request is made for the efficient 
        and reliable receipt, transportation, and delivery of 
        property.''; and
            (3) by adding at the end the following:
    ``(g) Any proceeding initiated to consider a rail carrier's alleged 
violation of this section shall be expedited by the Board, and 
completed not later than 180 days after the initiation of the 
proceeding. Any proceeding initiated to obtain service terms under 
subsection (b) shall be completed not later than 45 days after the 
initiation of the proceeding.
    ``(h) The provisions under section 11701 shall apply to a 
determination whether a rail carrier has violated this section. In 
addition to the remedies provided in such section, if the Board 
determines that a rail carrier has violated this section by failing to 
provide transportation or service on reasonable request, the Board 
shall prescribe reasonable transit or cycle times or other service 
standards to be established to deliver property consistent with the 
needs and requirements of the person making the request.''.
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