‘‘(f) LIMITATION ON FEES.—The Board may not 
charge a fee for the filing of a complaint, protest, or other 
request for relief in an amount greater than fees charged 
by district courts of the United States for a comparable 
filing.’’. 
SEC. 304. ARBITRATION OF RAIL DISPUTES. 
(a) AMENDMENT.—Chapter 117 is amended by add-
ing the following section after section 11707: 
‘‘§ 11708. Arbitration of rail disputes 
‘‘(a) IN GENERAL.—Whenever a dispute described in 
subsection (b) arises between a rail shipper and a rail car-
rier under this part, the Board shall, upon written request 
of any party to the dispute, submit the dispute to final 
offer arbitration. 
‘‘(b) COVERED DISPUTES.—(1) Except as provided 
in paragraph (2), subsection (a) shall apply to any dispute 
between a party and a rail carrier that— 
‘‘(A) arises under section 10701(c), 10701(d), 
10702, 10704(a)(1), 10707, 10741, 10745, 10746, 
11101(a), 11102, 11121, 11122, or 11706; 
‘‘(B) involves the transportation of any agricul-
tural product, including timber, paper, and fertilizer; 
and 
‘‘(C) involves— 
‘‘(i) the payment of money; 
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‘‘(ii) a rate or charge imposed by the rail 
carrier; or 
‘‘(iii) transportation or other service by the 
rail carrier. 
‘‘(2) Subsection (a) shall not apply to a dispute if 
the resolution of the dispute would necessarily involve the 
promulgation of regulations generally applicable to all rail 
carriers. 
‘‘(c) SELECTION OF ARBITRATORS.—The rail carrier 
or carriers that are parties to arbitration under this sec-
tion shall collectively name one arbitrator, and the rail 
shipper or shippers that are parties to the arbitration shall 
collectively name one arbitrator. The two arbitrators thus 
chosen shall select a third arbitrator from the roster of 
arbitrators established under subsection (d). If the arbi-
trators chosen by the parties fail to name the third arbi-
trator within 5 days after their first meeting, such third 
arbitrator shall be named by the Secretary of Transpor-
tation from the roster of arbitrators established under 
subsection (d). 
‘‘(d) ROSTER OF ARBITRATORS.—The Secretary of 
Transportation shall establish, maintain, and revise as 
necessary a roster of arbitrators who— 
‘‘(1) are experienced in transportation or eco-
nomic issues; 
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‘‘(2) satisfy requirements for neutrality and 
other qualification requirements prescribed by the 
Secretary; 
‘‘(3) consent to serve as arbitrators under this 
section; and 
‘‘(4) are not officers or employees of the United 
States. 
‘‘(e) RULES
FOR ARBITRATION.—The arbitrators 
shall organize and select and make all necessary rules for 
conducting hearings. The arbitrators shall give the parties 
to the dispute a full and fair hearing, which shall include 
an opportunity to present evidence in support of their 
claims, and an opportunity to present their case in person, 
by counsel, or by other representative as they may elect. 
‘‘(f) PROHIBITED METHODS
OF DECISION.—Dis-
putes concerning rates and charges shall not be considered 
or decided under this section using any method based on 
stand-alone cost or the costs of a hypothetical competitor, 
or in reliance on precedent adopting or applying such 
methods. 
‘‘(g) DECISION.—The decision of the arbitrators shall 
be the final offer of one of the parties to the dispute. 
‘‘(h) REVENUE-VARIABLE COST PERCENTAGE.—The 
decision may not provide for a rate for transportation by 
a rail carrier that would result in a revenue-variable cost 
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percentage of such transportation that is less than 180 
percent, as determined under standards applied in the ad-
ministration of section 10707(d). 
‘‘(i) 
CONSIDERATION
OF
OTHER
RATES
OR 
CHARGES.—The arbitrators, in making an award on the 
dispute, shall consider the rates or charges that are im-
posed by rail carriers for the transportation of similar 
goods under similar circumstances in rail transportation 
markets where there is effective competition, as deter-
mined under standards applied by the Board in the admin-
istration of section 10707(a). 
‘‘(j) DURATION OF RATES PRESCRIBED.—A rate pre-
scribed under this section may not remain in effect for 
longer than 5 years after the date on which the arbitra-
tors’ decision becomes final. 
‘‘(k) COPIES OF AWARD.—The arbitrators shall fur-
nish a certified copy of its award to the parties to the 
dispute, and shall transmit the original, together with the 
paper and proceedings and a transcript of the evidence 
taken at the hearings, certified under the hands of at least 
a majority of the arbitrators, to the Board, to be filed in 
its office. Not later than 7 days after receiving an award 
under this subsection, the Board shall make the award 
and all supporting documents available to the public. 
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‘‘(l) OATHS; SUBPOENAS.—All testimony before arbi-
trators under this section shall be given under oath or af-
firmation, and any arbitrator shall have the power to ad-
minister oaths or affirmations. The arbitrators shall have 
the power to require the attendance of witnesses and the 
production of such books, papers, contracts, agreements, 
and documents as may be necessary to a just determina-
tion of the matters submitted to arbitration, and may re-
quest the district court of the United States for the dis-
trict where the arbitration is being conducted to issue the 
necessary subpoenas. Any witness appearing before arbi-
trators under this section shall receive the same fees and 
mileage reimbursement as witnesses in courts of the 
United States, to be paid by the party securing the sub-
poena, or in the case of a subpoena secured by the arbitra-
tors, to be paid by the Board. 
‘‘(m) TIME FOR ISSUANCE OF ARBITRATION DECI-
SION.—The arbitration panel shall issue a final decision 
on a dispute under this section not later than 180 days 
after the date on which the panel of arbitrators is com-
pleted to resolve the dispute. 
‘‘(n) REGULATIONS.—Not later than 90 days after 
the date of enactment of this section, the Secretary of 
Transportation shall issue final regulations establishing 
procedures for the resolution of disputes submitted for ar-
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