I 
117TH CONGRESS 
2D SESSION 
H. R. 8649 
To create a fair market in freight rail and to reauthorize the Surface 
Transportation Board, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
AUGUST 2, 2022 
Mr. PAYNE (for himself, Mr. DEFAZIO, Mr. DAVID SCOTT of Georgia, and Mr. 
COSTA) introduced the following bill; which was referred to the Com-
mittee on Transportation and Infrastructure 
A BILL 
To create a fair market in freight rail and to reauthorize 
the Surface Transportation Board, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Freight Rail Shipping Fair Market Act’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
TITLE I—ADMINISTRATIVE PROVISIONS 
Sec. 101. Authorization of appropriations. 
Sec. 102. Railroad-Shipper Transportation Advisory Council. 
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Sec. 103. Rail transportation policy. 
Sec. 104. General definitions. 
Sec. 105. Updated study on competition in the United States freight railroad 
industry. 
Sec. 106. NAS study on environmental benefits of a robust rail system. 
TITLE II—SERVICE DELIVERY 
Sec. 201. 10-year review of commodity exemptions. 
Sec. 202. Streamlining rate reviews to provide competitive rail service. 
Sec. 203. Service delivery standards in contracts. 
Sec. 204. Leveling the playing field on demurrage charges. 
Sec. 205. Minimum service delivery standards for common carrier transpor-
tation, service, and rates. 
Sec. 206. Updating STB emergency powers. 
Sec. 207. Support for freight car GPS and other telemetry systems. 
Sec. 208. Study on short line railroad access to multiple Class I railroads. 
Sec. 209. Study on supply chain data constraints that impede the flow of 
freight. 
Sec. 210. Rate protection during emergencies. 
Sec. 211. Updated fines. 
TITLE III—PASSENGER RAIL 
Sec. 301. Passenger-Freight Rail Transportation Advisory Council. 
Sec. 302. Passenger rail considerations in transactions involving rail carriers. 
TITLE I—ADMINISTRATIVE 
PROVISIONS 
SEC. 101. AUTHORIZATION OF APPROPRIATIONS. 
Section 1305 of title 49, United States Code, is 
amended to read as follows: 
‘‘§ 1305. Authorization of appropriations 
‘‘(a) IN GENERAL.—There are authorized to be ap-
propriated for the activities of the Board— 
‘‘(1) $48,000,000 for fiscal year 2023; 
‘‘(2) $50,250,000 for fiscal year 2024; 
‘‘(3) $50,000,000 for fiscal year 2025; 
‘‘(4) $52,500,000 for fiscal year 2026; and 
‘‘(5) $55,000,000 for fiscal year 2027. 
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‘‘(b) SET-ASIDE FOR PASSENGER RAIL PROGRAM.— 
From the amounts authorized in subsection (a), the Sur-
face Transportation Board shall set aside at least 5 per-
cent of such amounts for each fiscal year consistent with 
the passenger rail program established under section 
22309 of the Passenger Rail Expansion and Rail Safety 
Act of 2021 (49 U.S.C. 1301 note). 
‘‘(c) SET-ASIDE FOR STUDIES.—From the amounts 
authorized in subsection (a), the Surface Transportation 
Board shall set aside up to $1,000,000 for each of fiscal 
years 2023 and 2024 for each study authorized in sections 
105, 106, and 210.’’. 
SEC. 102. RAILROAD-SHIPPER TRANSPORTATION ADVISORY 
COUNCIL. 
Section 1325(a) of title 49, United States Code, is 
amended— 
(1) by striking ‘‘19 members, of which 15 mem-
bers’’ and inserting ‘‘24 members, of which 18 mem-
bers’’; and 
(2) in paragraph (3)— 
(A) by striking ‘‘6 members’’ and inserting 
‘‘9 members’’; 
(B) in subparagraph (A) by striking ‘‘and’’ 
at the end; 
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(C) in subparagraph (B) by striking the 
period and inserting a semicolon; and 
(D) by adding at the end the following: 
‘‘(C) 1 shall be a representative of a non-
profit employee organization; 
‘‘(D) 1 shall be a representative of a rail 
car lessor; and 
‘‘(E) 1 shall be a representative of a port 
authority.’’. 
SEC. 103. RAIL TRANSPORTATION POLICY. 
Section 10101 of title 49, United States Code, is 
amended to read as follows: 
‘‘§ 10101. Rail transportation policy 
‘‘In regulating the freight and intercity passenger 
railroad industry, it is the policy of the United States Gov-
ernment— 
‘‘(1) to allow, to the maximum extent possible, 
competition and the demand for services to establish 
reasonable rates for transportation by rail; 
‘‘(2) to minimize the need for Federal regu-
latory control over the rail transportation system 
and to require fair and expeditious regulatory deci-
sions when regulation is required; 
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‘‘(3) to promote a safe and efficient rail trans-
portation system by allowing rail carriers to earn 
adequate revenues, as determined by the Board; 
‘‘(4) to ensure the development and continu-
ation of a sound freight and passenger rail transpor-
tation system with effective competition among rail 
carriers and with other modes, to meet the needs of 
the public and the national defense; 
‘‘(5) to preserve and improve passenger rail 
service; 
‘‘(6) to foster sound economic conditions in 
transportation and to ensure effective competition 
and coordination between rail carriers and other 
modes; 
‘‘(7) to maintain reasonable rates where there is 
an absence of effective competition and where rail 
rates provide revenues which exceed the amount nec-
essary to maintain the rail system and to attract 
capital; 
‘‘(8) to reduce regulatory barriers to entry into 
and exit from the industry; 
‘‘(9) to operate transportation facilities and 
equipment without detriment to the public health 
and safety; 
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‘‘(10) to encourage honest and efficient man-
agement of railroads; 
‘‘(11) to require rail carriers, to the maximum 
extent practicable, to rely on individual rate in-
creases, and to limit the use of increases of general 
applicability; 
‘‘(12) to encourage fair wages and safe and 
suitable working conditions in the railroad industry; 
‘‘(13) to prohibit predatory pricing and prac-
tices, to avoid undue concentrations of market 
power, and to prohibit unlawful discrimination; 
‘‘(14) to ensure the availability of accurate cost 
information in regulatory proceedings, while mini-
mizing the burden on rail carriers of developing and 
maintaining the capability of providing such infor-
mation; 
‘‘(15) to encourage and promote energy con-
servation; 
‘‘(16) to provide for the expeditious handling 
and resolution of all proceedings required or per-
mitted to be brought under this part; and 
‘‘(17) to promote freight and passenger rail 
growth and to resolve conflicts between freight and 
passenger rail.’’. 
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SEC. 104. GENERAL DEFINITIONS. 
Section 10102 of title 49, United States Code, is 
amended— 
(1) by redesignating paragraphs (4), (5), (6), 
(7), (8), (9), and (10) as paragraphs (5), (6), (7), 
(8), (9), (10), and (11), respectively; 
(2) by inserting after paragraph (3) the fol-
lowing: 
‘‘(4) ‘essential commodities’ includes— 
‘‘(A) shipments to and from military in-
stallations; 
‘‘(B) materials necessary for clean water 
treatment; and 
‘‘(C) energy commodities necessary for en-
ergy reliability;’’; and 
(3) in paragraph (7), as so redesignated— 
(A) in subparagraph (B) by striking ‘‘and’’ 
at the end; 
(B) in subparagraph (C) by striking the 
semicolon and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(D) any form of nonhighway interstate 
ground transportation that runs on rails or 
electromagnetic guideways, including high speed 
ground transportation systems that connect 
metropolitan areas, without regard to whether 
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such systems use new technologies not associ-
ated with traditional railroads;’’. 
SEC. 105. UPDATED STUDY ON COMPETITION IN THE 
UNITED STATES FREIGHT RAILROAD INDUS-
TRY. 
(a) UPDATED STUDY.—The Surface Transportation 
Board shall review and update the study included in the 
final report published in January, 2010, titled ‘‘An Up-
date to the Study of Competition in the U.S. Freight Rail-
road Industry’’. 
(b) SCOPE OF STUDY.—In carrying out the review 
under subsection (a), the Board shall refine the scope of 
the updated study, as appropriate. 
(c) REPORT.—Not later than 2 years after the date 
of enactment of this Act, the Board shall submit to the 
Committee on Transportation and Infrastructure of the 
House of Representatives and the Committee on Com-
merce, Science, and Transportation of the Senate the 
study required under subsection (a). 
SEC. 106. NAS STUDY ON ENVIRONMENTAL BENEFITS OF A 
ROBUST RAIL SYSTEM. 
(a) STUDY.—The Surface Transportation Board 
shall seek to enter into a contract with the National Acad-
emies to conduct a study that identifies and measures the 
environmental benefits of moving freight and passengers 
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by rail compared to other modes of transportation and 
identify ways the Board can incentivize the rail industry 
to maximize such environmental benefits. 
(b) REPORT.—Any agreement entered into under 
subsection (a) shall require that the National Academies 
not later than 2 years after the date of enactment of this 
Act, submit to the Board, the Committee on Transpor-
tation and Infrastructure of the House of Representatives 
and the Committee on Commerce, Science, and Transpor-
tation of the Senate a final report containing the study 
conducted pursuant to subsection (a). 
TITLE II—SERVICE DELIVERY 
SEC. 201. 10-YEAR REVIEW OF COMMODITY EXEMPTIONS. 
Section 10502 of title 49, United States Code, is 
amended— 
(1) in subsection (a) by striking ‘‘, to the max-
imum extent consistent with this part,’’; and 
(2) by adding at the end the following: 
‘‘(h)(1) Beginning on the date that is 1 year after 
the date of enactment of the Freight Rail Shipping Fair 
Market Act, and at least once during every 10-year period 
thereafter, the Board shall review all commodity exemp-
tions listed in the regulations of the Board under sections 
1039 and 1090 of title 49, Code of Federal Regulations, 
(or other commodity exemptions contained in any regula-
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tion of the Board) issued under this subtitle, make a de-
termination whether the Board should revise or revoke 
each such exemption, and based on such determination, 
revise or revoke each exemption. 
‘‘(2) Not later than 180 days after the date on which 
a determination to revise or revoke each exemption is 
made, the Board shall submit to the Committee on Trans-
portation and Infrastructure of the House of Representa-
tives and the Committee on Commerce, Science, and 
Transportation of the Senate a report containing such de-
termination.’’. 
SEC. 202. STREAMLINING RATE REVIEWS TO PROVIDE COM-
PETITIVE RAIL SERVICE. 
Section 10704(d) of title 49, United States Code, is 
amended in paragraph (1) by adding at the end the fol-
lowing: ‘‘The Board shall review such procedures and iden-
tify revisions that could improve the timeliness of Board 
decisions under this chapter taking into account due proc-
ess and differences in geography and, not later than 270 
days after the date of enactment of the Freight Rail Ship-
ping Fair Market Act submit a report to the Committee 
on Transportation and Infrastructure of the House of 
Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate summarizing 
the findings of such review.’’. 
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SEC. 203. SERVICE DELIVERY STANDARDS IN CONTRACTS. 
Section 10709 of title 49, United States Code, is 
amended— 
(1) by redesignating subsections (d) through (g) 
as subsections (e) through (h), respectively; 
(2) by inserting after subsection (c) the fol-
lowing: 
‘‘(d) Notwithstanding subsection (c), a contract en-
tered into under this section shall include service delivery 
standards and appropriate remedies as a result of a failure 
to meet service delivery standards. Such service delivery 
standards and remedies may not be superseded by any 
other contractual clause.’’; and 
(3) in subsection (e)(1), as redesignated by 
paragraph (1), by inserting ‘‘, including any service 
delivery standards and requisite remedies,’’ before 
‘‘for the transportation of agricultural products’’. 
SEC. 204. LEVELING THE PLAYING FIELD ON DEMURRAGE 
CHARGES. 
(a) IN GENERAL.—Section 10746 of title 49, United 
States Code, is amended— 
(1) by striking ‘‘A rail carrier providing’’ and 
inserting the following: 
‘‘(a) COMPUTATION OF RAIL CARRIER DEMURRAGE 
CHARGES.—A rail carrier providing’’; and 
(2) by adding at the end the following: 
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‘‘(b) COMPUTATION OF PRIVATE RAIL CAR OWNER 
OR LESSEE DEMURRAGE CHARGES.—A private rail car 
owner or lessee that transports goods, including agricul-
tural commodities and other essential commodities— 
‘‘(1) shall compute demurrage charges, and es-
tablish rules related to those charges, in a way that 
fulfills the national needs related to— 
‘‘(A) freight car use and distribution; and 
‘‘(B) the efficient use of private freight 
cars provided to rail carriers for transportation 
of property; and 
‘‘(2) notwithstanding section 10501, shall be 
subject to the jurisdiction of the Board if such pri-
vate rail car owner or lessee has provided a rail car 
to a rail carrier and assessed demurrage charges 
upon the rail carrier. 
‘‘(c) REPORTING REQUIREMENT.—Class I railroad 
carriers, private car owners, and rail car lessees shall elec-
tronically, in a format prescribed by the Board, report de-
murrage charges assessed under this section to the Board 
on a quarterly basis and the Board shall make any infor-
mation reported under this subsection publicly available.’’. 
(b) RULEMAKING DEADLINE FOR DEMURRAGE.— 
(1) RULEMAKING.—Not later than 2 years after 
the date of enactment of this Act, the Surface 
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Transportation Board shall complete a rulemaking 
to implement section 10746 of title 49, United 
States Code, as amended by this section. 
(2) CONSULTATION.—In carrying out the rule-
making under subsection (a), the Board shall con-
sult with the Federal Energy Regulatory Commis-
sion, the Secretary of Agriculture, the Administrator 
of the Environmental Protection Agency, and the 
heads of other applicable Federal agencies to deter-
mine essential commodities. 
(c) APPLICABILITY.—The amendments made by this 
section shall apply to any demurrage occurring after the 
effective date of the rulemaking completed under sub-
section (b). 
SEC. 205. MINIMUM SERVICE DELIVERY STANDARDS FOR 
COMMON CARRIER TRANSPORTATION, SERV-
ICE, AND RATES. 
Section 11101 of title 49, United States Code, is 
amended— 
(1) in subsection (a)— 
(A) by striking ‘‘A rail carrier’’ and insert-
ing the following: ‘‘(1) A rail carrier’’; 
(B) by inserting ‘‘, in a manner that pro-
vides timely, efficient, and reliable rail service 
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that fulfills the shipper’s reasonable service re-
quirements’’ after ‘‘on reasonable request’’; and 
(C) by adding at the end the following: 
‘‘(2) In determining whether a rail carrier has met 
the obligations of this section with respect to the provision 
of transportation or services on reasonable request, the 
Board shall consider— 
‘‘(A) the effects of 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 to the person requesting serv-
ice; 
‘‘(B) the effects of reduction in employment lev-
els, including— 
‘‘(i) clerical, customer service, mainte-
nance, dispatch, yard, and train and engine 
service employees; 
‘‘(ii) changes in train or yard crew avail-
ability; and 
‘‘(iii) the consolidation or shifting of crews 
across or within service territories; 
‘‘(C) the effects of rail carrier reduction in 
equipment and the availability of equipment, mainte-
nance of equipment, or railroad infrastructure, lines 
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and yards, or shifting of equipment across or within 
service territories or customer and commodity 
groups to the person requesting transportation or 
service; 
‘‘(D) whether the service reasonably meets the 
local operational and service needs of the person re-
questing transportation or service; 
‘‘(E) the provision of rail infrastructure, rail 
equipment, or other rail related resources by the 
person requesting transportation or service to sup-
port the transportation or service; 
‘‘(F) 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 re-
cover variable costs of providing the requested trans-
portation or service; and 
‘‘(G) how the carrier is handling equipment 
owned or leased by the person requesting transpor-
tation or service.’’; 
(2) in subsection (b)— 
(A) in the matter preceding paragraph (1) 
by striking ‘‘shall be’’ and inserting ‘‘shall’’; 
(B) in paragraph (1)— 
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(i) by inserting ‘‘be’’ before ‘‘in writ-
ing’’; and 
(ii) by striking ‘‘receipt of the request; 
or’’ and inserting ‘‘receipt of the request, 
or be promptly made available in electronic 
form;’’; and 
(C) by striking paragraph (2) and insert-
ing the following: 
‘‘(2) include timely, efficient, and reliable serv-
ice delivery standards; 
‘‘(3) include remedies for when such service de-
livery standards are not met; and 
‘‘(4) include reasonable transit or cycle times 
consistent with the reasonable needs of the person 
on whose behalf the request is made for the timely, 
efficient and reliable receipt, transportation, and de-
livery of property.’’; 
(3) in subsection (f) by inserting ‘‘, including 
defining minimum service delivery standards. The 
Board may establish such standards by commodity’’ 
after ‘‘implement this section’’; and 
(4) by adding at the end the following: 
‘‘(g) Any proceeding initiated under this section— 
‘‘(1) in order to consider an alleged violation of 
this section by a rail carrier, shall be expedited by 
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the Board, and completed not later than 180 days 
after the initiation of such proceeding or, upon the 
request of a party when necessary to develop a 
record for the decision of the Board, not later than 
the end of a reasonable extension granted by the 
Board; and 
‘‘(2) in order to obtain service terms required 
under subsection (b), shall be completed not later 
than 45 days after the initiation of such proceeding. 
‘‘(h) In addition to the remedies provided under sec-
tion 11701, if the Board determines that a rail carrier 
has not met the obligations of this section by failing to 
provide transportation or services on a reasonable request, 
the Board may prescribe reasonable transit or cycle times 
to be established for equipment owned or leased by the 
person making the request.’’. 
SEC. 206. UPDATING STB EMERGENCY POWERS. 
Section 11123(a) of title 49, United States Code, is 
amended— 
(1) in paragraph (4)(C) by striking ‘‘or’’ at the 
end; 
(2) in paragraph (5) by striking the period at 
the end and inserting ‘‘; or’’; and 
(3) by adding at the end the following: 
‘‘(6) require— 
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‘‘(A) the acquisition or return to service of 
locomotives, freight cars, or other vehicles; 
‘‘(B) additional capacity on property 
owned by the rail carrier, including sidings to 
reduce congestion; and 
‘‘(C) returning furloughed employees to 
service.’’. 
SEC. 207. SUPPORT FOR FREIGHT CAR GPS AND OTHER TE-
LEMETRY SYSTEMS. 
(a) POLICY.—It is the policy of the Federal Govern-
ment to support private freight rail efficiency and the un-
derstanding of the shipper using such private rail of the 
location of the rail freight of such shipper by collaborating 
with private freight rail demonstration projects to resolve 
safety and other regulatory challenges and opportunities 
of GPS and other telemetry technology on freight rail 
cars. 
(b) REPORT.—Not later than 1 year after the date 
of enactment of this Act, the Surface Transportation 
Board and the Administrator of the Federal Railroad Ad-
ministration, in consultation with the Secretary of Home-
land Security, shall submit to the Committee on Transpor-
tation and Infrastructure of the House of Representatives 
and the Committee on Commerce, Science, and Transpor-
tation of the Senate a report summarizing the collabora-
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tion under subsection (a) on the safety and other regu-
latory challenges and opportunities that could impact the 
development and installation of GPS and other telemetry 
technology on freight rail cars. 
SEC. 208. STUDY ON SHORT LINE RAILROAD ACCESS TO 
MULTIPLE CLASS I RAILROADS. 
(a) STUDY.—The Comptroller General of the United 
States shall conduct a study on any existing contract lan-
guage that prohibits or discourages additional interchange 
agreements or additional interchange traffic between Class 
I railroad carriers and Class II and III carriers. 
(b) CONTENTS.—The study shall include— 
(1) information solicited from railroad carriers 
on the types and frequency of contract language that 
services to either prohibit or discourage new inter-
change agreements between a Class II or III rail-
road and a second Class I railroad or discourage rail 
traffic from interchanging with a second railroad, in-
cluding how many Class II and Class III railroad 
carriers are prohibited or discouraged from devel-
oping new interchange agreements (or interchanging 
new or additional traffic outside of such agreements) 
with Class I railroad carriers with which such Class 
II and Class III railroad carriers do not interchange 
traffic; and 
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(2) a discussion about the advantages and dis-
advantages of the prohibitions or discouragements 
described in paragraph (1) for various stakeholders, 
including Class I, II and III railroads, shippers, and 
the public. 
(c) REPORT.—Not later than 2 years after the date 
of enactment of this Act, the Comptroller General shall 
submit to the Committee on Transportation and Infra-
structure of the House of Representatives and the Com-
mittee on Commerce, Science, and Transportation of the 
Senate a report containing the study conducted under sub-
section (a). 
SEC. 209. STUDY ON SUPPLY CHAIN DATA CONSTRAINTS 
THAT IMPEDE THE FLOW OF FREIGHT. 
(a) STUDY.—Not later than 60 days after the date 
of enactment of this Act, the Surface Transportation 
Board shall seek to enter into an agreement with the Na-
tional Academies to conduct a study on the United States 
supply chain that examines data constraints that impede 
the flow of rail cargo and add to supply chain inefficiencies 
and that identifies data sharing systems that can be em-
ployed to improve the functioning of the United States 
supply chain. 
(b) CONTENTS.—The study carried out pursuant to 
subsection (a) shall include an identification of where 
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chokepoints are most prominent in the United States sup-
ply chain, what common shipping data is created with each 
hand-off of a container through such supply chain, how 
such data with respect to such supply chain is stored and 
shared, and an analysis of existing and potential impedi-
ments to the free flow of supply chain information. 
(c) INFORMATION COLLECTION.—In conducting the 
study pursuant to subsection (a), the National Academies 
shall collect information from railroad carriers, vessel op-
erating common carriers and non-vessel operating common 
carriers, marine terminal operators, commercial motor ve-
hicle operators, chassis providers, ocean transportation 
intermediaries, custom brokers, freight forwarders, ship-
pers and cargo owners, and relevant government agencies, 
including the Board, the Federal Maritime Commission, 
and Customs and Border Protection. 
(d) REPORT.—Any agreement entered into under 
subsection (a) shall require that, not later than 2 years 
after the date of enactment of this Act, the National Acad-
emies submit to the Committee on Transportation and In-
frastructure of the House of Representatives and the Com-
mittee on Commerce, Science, and Transportation of the 
Senate, and make available on a publicly accessible 
website, a report containing— 
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(1) findings of the study carried out pursuant 
to subsection (a); and 
(2) any recommendations for common data 
standards and policies to implement information 
sharing across the United States supply chain. 
SEC. 210. RATE PROTECTION DURING EMERGENCIES. 
(a) SITUATIONS REQUIRING IMMEDIATE ACTION TO 
SERVE THE PUBLIC.—Section 11123 of title 49, United 
States Code, is amended— 
(1) by redesignating subsections (e) and (f) as 
subsections (f) and (g), respectively; and 
(2) by inserting after subsection (d), the fol-
lowing: 
‘‘(e) Notwithstanding any other provision of this sub-
title, a Class I rail carrier subject to a Board order under 
this section, except for a Class I carrier that is serving 
as an alternative carrier as part of a Board remedy, may 
not increase rates on persons covered by such order during 
the period beginning on the date on which the Board de-
termines under subsection (a) that a transportation emer-
gency exists and ending on the date on which such emer-
gency expires under this section.’’. 
(b) GENERAL CIVIL PENALTIES.—Section 11901 of 
title 49, United States Code, is amended— 
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(1) by redesignating subsections (b) through (f) 
as subsections (c) through (g), respectively; and 
(2) by inserting after subsection (a) the fol-
lowing: 
‘‘(b) Any Class I rail carrier providing transportation 
subject to the jurisdiction of the Board under this part 
that increases rates during a transportation emergency in 
violation of section 11123(e) is liable to the United States 
Government for a civil penalty equal to 3 times the 
amount by which each such rate was increased.’’. 
SEC. 211. UPDATED FINES. 
(a) ANALYSIS OF CIVIL PENALTIES AND FINES.— 
(1) IN
GENERAL.—Not later than 180 days 
after the date of enactment of this Act, the Comp-
troller General of the United States shall conduct an 
analysis of the civil penalties and fines assessed 
under chapter 119 of title 49, United States Code, 
that includes— 
(A) a comparison of such civil penalties 
and fines to other civil penalties and fines as-
sessed by Federal agencies with economic regu-
latory oversight over the railroad industry and 
other industries; and 
(B) an analysis of the amount of a civil 
penalty or fine that is necessary to provide the 
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appropriate financial incentive for rail carrier 
compliance. 
(2) REPORT.—Upon completion of the analysis 
conducted under paragraph (1), the Comptroller 
General shall submit to the Surface Transportation 
Board, the Committee on Transportation and Infra-
structure of the House of Representatives, and the 
Committee on Commerce, Science, and Transpor-
tation of the Senate a report that describes such 
analysis and includes any recommendations for 
changes to the amounts of the civil penalties or fines 
assessed under chapter 119 of title 49, United 
States Code, including minimum and maximum 
fines, per day fines, and per violation fines. 
(b) RULEMAKING.—Notwithstanding the amount of 
civil penalties and fines assessed under chapter 119 of title 
49, United States Code, and not later than 180 days after 
the date on which the Comptroller General submits the 
report under subsection (a)(2), the Board shall issue such 
regulations as are necessary to revise the amount of each 
such civil penalty or fine assessed under such chapter in 
accordance with the recommendations of the Comptroller 
General contained in such report, including establishing 
minimum and maximum penalties or fines and per day 
and per violation penalties or fines. 
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(c) CONFORMING AMENDMENT.— 
(1) IN
GENERAL.—Chapter 119 of title 49, 
United States Code, is amended by adding at the 
end the following: 
‘‘§ 11909. Treatment of civil penalties and fines 
‘‘Upon the issuance of a final regulation to revise an 
amount of a civil penalty or fine assessed under this chap-
ter pursuant to section 212 of the Freight Rail Shipping 
Fair Market Act, the amount of such civil penalty or fine 
assessed shall be treated as the revised amount in such 
regulation.’’. 
(2) CLERICAL AMENDMENT.—The analysis for 
chapter 119 of title 49, United States Code, is 
amended by adding at the end the following: 
‘‘11909. Treatment of civil penalties and fines.’’. 
TITLE III—PASSENGER RAIL 
SEC. 301. PASSENGER-FREIGHT RAIL TRANSPORTATION 
ADVISORY COUNCIL. 
(a) IN GENERAL.—Chapter 13 of title 49, United 
States Code, is amended— 
(1) by redesignating section 1326 as section 
1327; and 
(2) by inserting after section 1325 the fol-
lowing: 
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‘‘§ 1326. Passenger-Freight Rail Transportation Advi-
sory Council 
‘‘(a) ESTABLISHMENT; MEMBERSHIP.—There is es-
tablished the Passenger-Freight Rail Transportation Advi-
sory Council (in this section referred to as the ‘Council’) 
to be composed of 18 members, of which 12 members shall 
be appointed by the Chairman of the Board, after rec-
ommendation from rail carriers providing passenger rail 
transportation, subject to the jurisdiction of the Board, 
and rail carriers providing freight rail transportation, not 
later than 60 days after the date of enactment of the 
Freight Rail Shipping Fair Market Act. The 12 such 
members of the Council shall be appointed as follows: 
‘‘(1) The members of the Council shall be ap-
pointed from among citizens of the United States 
who are not regular, full-time employees of the 
United States and shall be selected for appointment 
so as to provide as nearly as practicable a broad rep-
resentation of the various segments of freight-rail-
road and passenger rail carriers. 
‘‘(2) 10 of the members shall be appointed from 
senior executive officers of organizations engaged in 
the freight railroad and passenger rail industries 
and shall be the voting members of the Council. 
Council action and Council positions shall be deter-
mined by a majority vote of the members present. A 
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majority of such voting members shall constitute a 
quorum. Of such 10 voting members— 
‘‘(A) 4 shall be representatives of Class I 
railroads; 
‘‘(B) 4 shall be representatives of an inter-
city passenger railroad that operates over a 
host railroad, of whom at least 3 shall be rep-
resentatives of Amtrak; 
‘‘(C) 1 shall be a representative of com-
muter passenger railroads; and 
‘‘(D) 1 shall be a representative of States 
which fund intercity passenger rail service. 
‘‘(3) The remaining 2 members of the Council 
shall serve in a nonvoting advisory capacity only, but 
shall be entitled to participate in Council delibera-
tions. Of the remaining members— 
‘‘(A) 1 shall be a representative of rail pas-
sengers; and 
‘‘(B) 1 shall be a representative of a non- 
profit employee labor organization. 
‘‘(4) The Secretary of Transportation and the 
members of the Board shall serve as ex officio, non-
voting members of the Council. The Council shall 
not be subject to the Federal Advisory Committee 
Act (5 U.S.C. App.). A list of the members ap-
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pointed to the Council shall be forwarded to the 
Chairmen and ranking members of the Committee 
on Commerce, Science, and Transportation of the 
Senate and the Committee on Transportation and 
Infrastructure of the House of Representatives. 
‘‘(5) Each ex officio member of the Council may 
designate an alternate, who shall serve as a member 
of the Council whenever the ex officio member is un-
able to attend a meeting of the Council. Any such 
designated alternate shall be selected from individ-
uals who exercise significant decision-making author-
ity in the Federal agency involved. 
‘‘(b) TERM OF OFFICE.—The members of the Council 
shall be appointed for a term of office of 3 years, except 
that of the members first appointed— 
‘‘(1) 4 members shall be appointed for terms of 
1 year; and 
‘‘(2) 4 members shall be appointed for terms of 
2 years, as designated by the Chairman at the time 
of appointment. Any member appointed to fill a va-
cancy occurring before the expiration of the term for 
which the member’s predecessor was appointed shall 
be appointed only for the remainder of such term. A 
member may serve after the expiration of his term 
until his successor has taken office. Vacancies on the 
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Council shall be filled in the same manner in which 
the original appointments were made. No member of 
the Council shall be eligible to serve in excess of two 
consecutive terms. 
‘‘(c) ELECTION AND DUTIES OF OFFICERS.—The 
Council Chairman and Vice Chairman and other appro-
priate officers of the Council shall be elected by and from 
the voting members of the Council. The Council Chairman 
shall serve as the Council’s executive officer and shall di-
rect the administration of the Council, assign officer and 
committee duties, and shall be responsible for issuing and 
communicating the reports, policy positions and state-
ments of the Council. In the event that the Council Chair-
man is unable to serve, the Vice Chairman shall act as 
Council Chairman. 
‘‘(d) EXPENSES.— 
‘‘(1) TRAVEL EXPENSES.—The members of the 
Council shall receive no compensation for services, 
but upon request by the Council Chairman, based on 
a showing of significant economic burden, the Sec-
retary of Transportation or the Chairman of the 
Board, to the extent provided in advance in appro-
priation Acts, may provide reasonable and necessary 
travel expenses for such individual Council members 
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from Department or Board funding sources in order 
to foster balanced representation on the Council. 
‘‘(2) 
REASONABLE
AND
NECESSARY
EX-
PENSES.—Upon request by the Council Chairman, 
the Secretary or Chairman of the Board, to the ex-
tent provided in advance in appropriations Acts, may 
pay the reasonable and necessary expenses incurred 
by the Council in connection with the coordination of 
Council activities, announcement and reporting of 
meetings, and preparation of such Council docu-
ments as are required or permitted by this section. 
‘‘(3) ADDITIONAL
AUTHORITIES.—To enable 
the Council to carry out activities— 
‘‘(A) the Council Chairman may request 
directly from any Federal agency such per-
sonnel, information, services, or facilities, on a 
compensated or uncompensated basis, as the 
Council Chairman determines necessary to 
carry out the functions of the Council; 
‘‘(B) each Federal agency may, in its dis-
cretion, furnish the Council with such informa-
tion, services, and facilities as the Council 
Chairman may request to the extent permitted 
by law and within the limits of available funds; 
and 
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‘‘(C) each Federal agency may, in its dis-
cretion, detail to temporary duty with the Coun-
cil, such personnel as the Council Chairman 
may request for carrying out the functions of 
the Council, each such detail to be without loss 
of seniority, pay, or other employee status. 
‘‘(e) MEETINGS.—The Council shall meet at least 
semi-annually and shall hold other meetings at the call 
of the Council Chairman. Appropriate Federal facilities, 
where available, may be used for such meetings. Whenever 
the Council, or a committee of the Council, considers mat-
ters that affect the jurisdictional interests of Federal 
agencies that are not represented on the Council, the 
Council Chairman may invite the heads of such agencies, 
or designees of such heads, to participate in the delibera-
tions of the Council. 
‘‘(f) FUNCTIONS AND DUTIES; ANNUAL REPORT.— 
‘‘(1) ADVICE.—The Council shall advise the 
Secretary of Transportation, the Chairman of the 
Board, the Committee on Transportation and Infra-
structure of the House of Representatives, and the 
Committee on Commerce, Science, and Transpor-
tation of the Senate with respect to rail transpor-
tation policy issues it considers significant, with par-
ticular attention to issues of importance to rail pas-
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sengers, including on time performance of intercity 
passenger rail on freight-rail hosted routes and Am-
trak access to the track and facilities of host rail-
roads, including access for additional trains. 
‘‘(2) ANNUAL REPORT.— 
‘‘(A) IN
GENERAL.—Not later than 90 
days after the last date of each fiscal year, the 
Council shall submit to the Secretary of Trans-
portation and Chairman of the Board an an-
nual report that— 
‘‘(i) describes the activities of the 
Council; 
‘‘(ii) describes the results of the ef-
forts of the Council to resolve freight rail- 
passenger rail conflicts; and 
‘‘(iii) proposes any regulatory or legis-
lative relief the Council considers appro-
priate. 
‘‘(B) CONTENTS.—The Council shall in-
clude in the annual report— 
‘‘(i) such recommendations as the 
Council considers appropriate with respect 
to the performance of the Secretary of 
Transportation and Chairman of the 
Board under this chapter; 
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‘‘(ii) recommendations with respect to 
the operation and effectiveness of meet-
ings, industry and passenger rail develop-
ments relating to the Council’s efforts, and 
such other information as the Council con-
siders appropriate; and 
‘‘(iii) such other information as the 
Council considers appropriate. 
‘‘(C) REVIEW.—Annual reports prepared 
under this paragraph shall— 
‘‘(i) be reviewed by the Secretary of 
Transportation and Chairman of the 
Board; and 
‘‘(ii) include such Secretary’s and 
Chairman’s views or comments relating to 
the accuracy of information therein relat-
ing to— 
‘‘(I) the efforts of the Council 
and the reasonableness of the posi-
tions and actions of the Council; and 
‘‘(II) any other aspects of the 
work of the Council as the Secretary 
and Chairman may consider appro-
priate. 
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‘‘(3) ADDITIONAL REPORTS OR POLICY STATE-
MENTS.—The Council may prepare other reports or 
develop policy statements as the Council considers 
appropriate. Other such reports and statements may 
be submitted as the Council considers appropriate.’’. 
(b) TECHNICAL AND CONFORMING AMENDMENTS.— 
(1) CLERICAL AMENDMENT.—The analysis for 
chapter 13 of title 49, United States Code, is 
amended by striking the item relating to section 
1326 and inserting the following: 
‘‘1326. Passenger-Freight Rail Transportation Advisory Council. 
‘‘1327. Authority of the Inspector General.’’. 
(2) TECHNICAL CORRECTION.—The analysis for 
chapter 13 of title 49, United States Code, is 
amended— 
(A) by striking ‘‘I—ESTABLISHMENT’’ 
and inserting ‘‘SUBCHAPTER I—ESTAB-
LISHMENT’’; and 
(B) 
by 
striking 
‘‘II—ADMINISTRA-
TIVE’’ and inserting ‘‘SUBCHAPTER II— 
ADMINISTRATIVE’’. 
SEC. 302. PASSENGER RAIL CONSIDERATIONS IN TRANS-
ACTIONS INVOLVING RAIL CARRIERS. 
(a) IN GENERAL.—Chapter 113 of title 49, United 
States Code, is amended— 
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(1) by redesignating sections 11327 and 11328 
as sections 11328 and 11329, respectively; and 
(2) by inserting after section 11326 the fol-
lowing: 
‘‘§ 11327. Passenger rail considerations in trans-
actions involving rail carriers 
‘‘In any case for which approval is sought for a trans-
action under section 11323, 11324, or 11325, the Board 
shall require the rail carrier to provide a description of 
how existing passenger rail service is accommodated, and 
how future passenger rail service, as contemplated in state 
rail plans authorized under chapter 227, section 25101, 
and efforts carried out under section 22101(h) of the Pas-
senger Rail Expansion and Rail Safety Act of 2021 (Pub-
lic Law 117–58) will be accommodated. The Board may 
approve any transaction under section 11323, 11324, or 
11325 unless the accommodations provided by the applica-
ble rail carrier would be insufficient in the public interest, 
as determined by the Board.’’. 
(b) APPLICABILITY.—The amendments made by sub-
section (2) shall apply to any rail carrier seeking approval 
under section 11323, 11324, or 11325 of title 49, United 
States Code, on or after the date of enactment of this Act. 
(c) CLERICAL AMENDMENT.—The analysis for chap-
ter 113 of title 49, United States Code, is amended— 
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(1) by redesignating the items relating to sec-
tions 11327 and 11328 as items relating to sections 
11328 and 11329, respectively; and 
(2) by inserting after the item relating to sec-
tion 11326 the following: 
‘‘11327. Passenger rail considerations in transactions involving rail carriers.’’. 
Æ 
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