[Congressional Record Volume 167, Number 200 (Wednesday, November 17, 2021)]
[Senate]
[Pages S8361-S8362]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 4754. Ms. BALDWIN submitted an amendment intended to be proposed 
to amendment SA 3867 submitted by Mr. Reed and intended to be proposed 
to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 
for military activities of the Department of Defense, for military 
construction, and

[[Page S8362]]

for defense activities of the Department of Energy, to prescribe 
military personnel strengths for such fiscal year, and for other 
purposes; which was ordered to lie on the table; as follows:

        At the end of subtitle G of title X, add the following:

     SEC. 1064. COMMON CARRIER OBLIGATIONS.

       (a) In General.--Section 11101(a) of title 49, United 
     States Code, is amended by inserting ``, to the extent 
     necessary for the efficient and reliable transportation based 
     on the shipper's reasonable service requirements,'' after 
     ``the transportation or service''.
       (b) Rulemaking.--
       (1) In general.--Not later than 90 days after the date of 
     the enactment of this Act, the Surface Transportation Board 
     shall initiate a rulemaking to provide standards or guidance 
     to implement the amendment made under subsection (a).
       (2) Metrics and minimum standards.--The rule promulgated 
     pursuant to paragraph (1) shall include metrics and minimum 
     standards for measuring the performance and service quality 
     of rail carriers operating as common carriers under section 
     11101 of title 49, United States Code.
       (3) Considerations.--In developing the metrics and minimum 
     standards referred to in paragraph (2), the Board shall 
     consider--
       (A) all of the requirements for operating as a common 
     carrier under section 11101 of title 49, United States Code, 
     including the requirements described in sections 11101(a) and 
     10702(2) of such title;
       (B) the impacts of reductions in service and employment 
     levels on the provision of reasonable service;
       (C) whether reductions in the availability of equipment, 
     the maintenance of equipment, and infrastructure are 
     disproportionate to any changes in demand for service; and
       (D) whether surcharges or conditions are imposed as 
     requirements for service when the rail carrier could 
     profitably provide service under competitive rates.
       (4) Multi-factor compliance test.--
       (A) Development.--The Surface Transportation Board shall 
     develop a multi-factor test for determining a common 
     carrier's compliance with its obligations under section 11101 
     of title 49, United States Code.
       (B) Use of test.--Upon the promulgation of the final rule 
     pursuant to this subsection, the Surface Transportation Board 
     shall apply the test developed pursuant to subparagraph (A) 
     in all of its informal and formal service complaint 
     proceedings.
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