S.Amdt. 4754

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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