II 118th CONGRESS 1st Session S. 2071 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.

1. Short title This Act may be cited as the Reliable Rail Service Act . 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. .