provide reasonable compensation to the original car-
rier for the use of the original carrier’s tracks.
‘‘(3) CANCELLATION
PENALTIES.—A carrier
may accept car orders under paragraph (2) subject
to reasonable penalties for service requests that are
canceled by the requester. If the carrier fills such or-
ders more than 15 days after the reasonably speci-
fied loading date, the carrier may not assess a pen-
alty for canceled car orders.
‘‘(4) DAMAGES.—A rail carrier that fails to
provide service under the requirements of paragraph
(2) is liable for damages to an eligible facility that
does not have access to an alternative carrier, in-
cluding lost profits, attorney’s fees, and any other
consequences attributable to the carrier’s failure to
provide the ordered service. A claim for such damage
may be brought in an appropriate United States
District Court or before the Board.
‘‘(5) TIMETABLE FOR BOARD PROCEEDING.—
The Board shall conclude any proceeding brought
under this subsection no later than 180 days from
the date a complaint is filed.
‘‘(6) DEFINITIONS.—In this subsection:
‘‘(A) ELIGIBLE FACILITY.—The term ‘eli-
gible facility’ means a shipper facility that—
‘‘(i) is the origin or destination for not
more than 4,000 carloads annually of
grain as defined in section 3(g) of the
United States Grain Standards Act (7
U.S.C. 75(g));
‘‘(ii) is served by a single rail carrier
at its origin;
‘‘(iii) has more than 60 percent of the
facility’s inbound or outbound grain and
grain product shipments (excluding the de-
livery of grain to the facility by producers),
measured by weight or bushels moved via
a rail carrier in the immediately preceding
calendar year; and
‘‘(iv) the rate charged by the rail car-
rier for the majority of shipments of grain
and grain products from or to the facility,
excluding premium for special service pro-
grams, results in a revenue-to-variable cost
percentage, using system average costs, for
the transportation to which the rate ap-
plies that is equal to or greater than 180
percent.
‘‘(B) REASONABLE
COMPENSATION.—The
term ‘reasonable compensation’ shall mean an
amount no greater than the total shared costs
of the original carrier and the alternative car-
rier incurred, on a usage basis, for the provision
of service to an eligible facility. If the carriers
are unable to agree on compensation terms
within 15 days after the facility requests service
from the alternative carrier, the alternative car-
rier or the eligible facility may request the
Board to establish the compensation and the
Board shall establish the compensation within
45 days after such request is made.
‘‘(C) 
ORIGINAL
CARRIER.—The 
term
‘original carrier’ means a rail carrier which pro-
vides the only rail service to an eligible facility
using its own tracks or provides such service
over an exclusive lease of the tracks serving the
eligible facility.
‘‘(D) ALTERNATIVE CARRIER.—The term
‘alternative carrier’ means a rail carrier that is
not an original carrier to an eligible facility.’’.
SEC. 7. COMPETITIVE RAIL SERVICE IN TERMINAL AREAS.
(a) TRACKAGE RIGHTS.—Section 11102(a) of title
49, United States Code, is amended—
(1) by striking ‘‘may’’ in the first sentence and
inserting ‘‘shall’’;
(2) by inserting after ‘‘business.’’ the following:
‘‘In making this determination, the Board shall not
require evidence of anticompetitive conduct by the
rail carrier from which access is sought.’’; and
(3) by striking ‘‘may’’ in the next-to-last sen-
tence and inserting ‘‘shall’’.
(b) RECIPROCAL SWITCHING.—Section 11102(c)(1)
of title 49, United States Code, is amended—
(1) by striking ‘‘may’’ in the first sentence and
inserting ‘‘shall’’;
(2) by inserting after ‘‘service.’’ the following:
‘‘In making this determination, the Board shall not
require evidence of anticompetitive conduct by the
rail carrier from which access is sought.’’; and
(3) by striking ‘‘may’’ in the last sentence and
inserting ‘‘shall’’.
SEC. 8. SIMPLIFIED STANDARDS FOR MARKET DOMINANCE.
Section 10707(d)(1)(A) of title 49, United States
Code, is amended by adding at the end thereof the fol-
lowing: ‘‘The Board shall not consider evidence of product
or geographic competition in making a market dominance
determination under this section.’’.
SEC. 9. REVENUE ADEQUACY DETERMINATIONS.
(a) 
RAIL
TRANSPORTATION
POLICY.—Section
10101(a)(3) of title 49, United States Code (as so redesig-
nated by section 4 of this Act), is amended by striking
‘‘revenues, as determined by the Board;’’ and inserting
‘‘revenues;’’.
(b) STANDARDS FOR RATES.—Section 10701(d)(2)
of title 49, United States Code, is amended by striking
‘‘revenues, as established by the Board under section
10704(a)(2) of this title’’ and inserting ‘‘revenues’’.
(c) REVENUE ADEQUACY DETERMINATIONS.—Sec-
tion 10704(a) of title 49, United States Code, is
amended—
(1) by striking ‘‘(a)(1)’’ and inserting ‘‘(a)’’;
and
(2) by striking paragraphs (2) and (3).
SEC. 10. RAIL CARRIER SERVICE QUALITY PERFORMANCE
REPORTS.
(a) IN GENERAL.—Chapter 5 of subtitle I of title 49,
United States Code, is amended by adding at the end
thereof the following:
‘‘SUBCHAPTER III—PERFORMANCE REPORTS
‘‘§ 541. Rail carrier service quality performance re-
ports
‘‘(a) IN GENERAL.—The Secretary of Transportation
shall require, by regulation, each rail carrier to submit a
monthly report to the Secretary, in such uniform format
as the Secretary may by regulation prescribe, containing
information about—
‘‘(1) its on-time performance;
‘‘(2) its car availability deadline performance;
‘‘(3) its average train speed;
‘‘(4) its average terminal dwell time;
‘‘(5) the number of its cars loaded (by major
commodity group); and
‘‘(6) such other aspects of its performance as a
rail carrier as the Secretary may require.
‘‘(b) INFORMATION FURNISHED TO STB; THE PUB-
LIC.—The Secretary shall furnish a copy of each report
required under subsection (a) to the Surface Transpor-
tation Board no later than the next business day following
its receipt by the Secretary, and shall make each such re-
port available to the public.
‘‘(c) ANNUAL REPORT TO THE CONGRESS.—The Sec-
retary shall transmit to the Congress an annual report
based upon information received by the Secretary under
this section.
‘‘(d) DEFINITIONS.—In this section, the definitions
in section 10102 apply.’’.
(b) CONFORMING AMENDMENT.—The chapter anal-
ysis for chapter 5 of subtitle I of title 49, United States