[Congressional Record (Bound Edition), Volume 161 (2015), Part 7]
[Senate]
[Pages 9991-9994]
[From the U.S. Government Publishing Office, www.gpo.gov]




        SURFACE TRANSPORTATION BOARD REAUTHORIZATION ACT OF 2015

  Mr. McCONNELL. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Calendar No. 94, S. 808.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The senior assistant legislative clerk read as follows:

       A bill (S. 808) to establish the Surface Transportation 
     Board as an independent establishment, and for other 
     purposes.

  There being no objection, the Senate proceeded to consider the bill.
  Mr. McCONNELL. I ask unanimous consent that the bill be read a third 
time and passed and that the motion to reconsider be considered made 
and laid upon the table.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The bill (S. 808) was ordered to be engrossed for a third reading, 
was read the third time, and passed, as follows:

                                 S. 808

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Surface 
     Transportation Board Reauthorization Act of 2015''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. References to title 49, United States Code.
Sec. 3. Establishment of Surface Transportation Board as an independent 
              establishment.
Sec. 4. Surface Transportation Board membership.
Sec. 5. Nonpublic collaborative discussions.
Sec. 6. Reports.
Sec. 7. Authorization of appropriations.
Sec. 8. Agent in the District of Columbia.
Sec. 9. Department of Transportation Inspector General authority.
Sec. 10. Amendment to table of sections.
Sec. 11. Procedures for rate cases.
Sec. 12. Investigative authority.
Sec. 13. Arbitration of certain rail rates and practices disputes.
Sec. 14. Effect of proposals for rates from multiple origins and 
              destinations.
Sec. 15. Reports.
Sec. 16. Criteria.
Sec. 17. Construction.

     SEC. 2. REFERENCES TO TITLE 49, UNITED STATES CODE.

       Except as otherwise expressly provided, wherever in this 
     Act an amendment or repeal is expressed in terms of an 
     amendment to, or repeal of, a section or other provision, the 
     reference shall be considered to be made to a section or 
     other provision of title 49, United States Code.

     SEC. 3. ESTABLISHMENT OF SURFACE TRANSPORTATION BOARD AS AN 
                   INDEPENDENT ESTABLISHMENT.

       (a) Redesignation of Chapter 7 of Title 49, United States 
     Code.--Title 49 is amended--
       (1) by moving chapter 7 after chapter 11 in subtitle II;
       (2) by redesignating chapter 7 as chapter 13;
       (3) by redesignating sections 701 through 706 as sections 
     1301 through 1306, respectively;
       (4) by striking sections 725 and 727;
       (5) by redesignating sections 721 through 724 as sections 
     1321 through 1324, respectively; and
       (6) by redesignating section 726 as section 1325.
       (b) Independent Establishment.--Section 1301, as 
     redesignated by subsection (a)(3), is amended by striking 
     subsection (a) and inserting the following:
       ``(a) Establishment.--The Surface Transportation Board is 
     an independent establishment of the United States 
     Government.''.
       (c) Conforming Amendments.--
       (1) Administrative provisions.--Section 1303, as 
     redesignated by subsection (a)(3), is amended--
       (A) by striking subsections (a), (c), (f), and (g);
       (B) by redesignating subsections (b), (d), and (e) as 
     subsections (a), (b), and (c), respectively; and
       (C) by adding at the end the following:
       ``(d) Submission of Certain Documents to Congress.--
       ``(1) In general.--If the Board submits any budget 
     estimate, budget request, supplemental budget estimate, or 
     other budget information, legislative recommendation, 
     prepared testimony for a congressional hearing, or comment on 
     legislation to the President or to the Office of Management 
     and Budget, the Board shall concurrently submit a copy of 
     such document to--
       ``(A) the Committee on Commerce, Science, and 
     Transportation of the Senate; and
       ``(B) the Committee on Transportation and Infrastructure of 
     the House of Representatives.
       ``(2) No approval required.--No officer or agency of the 
     United States has any authority to require the Board to 
     submit budget estimates or requests, legislative 
     recommendations, prepared testimony for congressional 
     hearings, or comments on legislation to any officer or agency 
     of the United States for approval, comments, or review before 
     submitting such recommendations, testimony, or comments to 
     Congress.''.

     SEC. 4. SURFACE TRANSPORTATION BOARD MEMBERSHIP.

       (a) In General.--Section 1301(b), as redesignated by 
     subsection 3(a), is amended--
       (1) in paragraph (1)--
       (A) by striking ``3 members'' and inserting ``5 members''; 
     and
       (B) by striking ``2 members'' and inserting ``3 members''; 
     and

[[Page 9992]]

       (2) by striking paragraph (2) and inserting the following:
       ``(2) At all times--
       ``(A) at least 3 members of the Board shall be individuals 
     with professional standing and demonstrated knowledge in the 
     fields of transportation, transportation regulation, or 
     economic regulation; and
       ``(B) at least 2 members shall be individuals with 
     professional or business experience (including agriculture) 
     in the private sector.''.
       (b) Repeal of Obsolete Provision.--Section 1301(b), as 
     amended by this section, is further amended--
       (1) by striking paragraph (4);
       (2) by redesignating paragraphs (5), (6), and (7) as 
     paragraphs (4), (5), and (6), respectively; and
       (3) in paragraph (4), as redesignated, by striking ``who 
     becomes a member of the Board pursuant to paragraph (4), or 
     an individual''.

     SEC. 5. NONPUBLIC COLLABORATIVE DISCUSSIONS.

       Section 1303(a), as redesignated by subsections (a) and (c) 
     of section 3, is amended to read as follows:
       ``(a) Open Meetings.--
       ``(1) In general.--The Board shall be deemed to be an 
     agency for purposes of section 552b of title 5.
       ``(2) Nonpublic collaborative discussions.--
       ``(A) In general.--Notwithstanding section 552b of title 5, 
     a majority of the members may hold a meeting that is not open 
     to public observation to discuss official agency business 
     if--
       ``(i) no formal or informal vote or other official agency 
     action is taken at the meeting;
       ``(ii) each individual present at the meeting is a member 
     or an employee of the Board; and
       ``(iii) the General Counsel of the Board is present at the 
     meeting.
       ``(B) Disclosure of nonpublic collaborative discussions.--
     Except as provided under subparagraph (C), not later than 2 
     business days after the conclusion of a meeting under 
     subparagraph (A), the Board shall make available to the 
     public, in a place easily accessible to the public--
       ``(i) a list of the individuals present at the meeting; and
       ``(ii) a summary of the matters discussed at the meeting, 
     except for any matters the Board properly determines may be 
     withheld from the public under section 552b(c) of title 5.
       ``(C) Summary.--If the Board properly determines matters 
     may be withheld from the public under section 555b(c) of 
     title 5, the Board shall provide a summary with as much 
     general information as possible on those matters withheld 
     from the public.
       ``(D) Ongoing proceedings.--If a discussion under 
     subparagraph (A) directly relates to an ongoing proceeding 
     before the Board, the Board shall make the disclosure under 
     subparagraph (B) on the date of the final Board decision.
       ``(E) Preservation of open meetings requirements for agency 
     action.--Nothing in this paragraph may be construed to limit 
     the applicability of section 552b of title 5 with respect to 
     a meeting of the members other than that described in this 
     paragraph.
       ``(F) Statutory construction.--Nothing in this paragraph 
     may be construed--
       ``(i) to limit the applicability of section 552b of title 5 
     with respect to any information which is proposed to be 
     withheld from the public under subparagraph (B)(ii); or
       ``(ii) to authorize the Board to withhold from any 
     individual any record that is accessible to that individual 
     under section 552a of title 5, United States Code.''.

     SEC. 6. REPORTS.

       (a) Reports.--Section 1304, as amended by section 3, is 
     further amended--
       (1) by striking the section heading and inserting the 
     following:

     ``Sec. 1304. Reports'';

       (2) by inserting ``(a) Annual Report.--'' before ``The 
     Board'';
       (3) by striking ``on its activities.'' and inserting ``on 
     its activities, including each instance in which the Board 
     has initiated an investigation on its own initiative under 
     this chapter or subtitle IV.''; and
       (4) by adding at the end the following:
       ``(b) Rate Case Review Metrics.--
       ``(1) Quarterly reports.--The Board shall post a quarterly 
     report of rail rate review cases pending or completed by the 
     Board during the previous quarter that includes--
       ``(A) summary information of the case, including the docket 
     number, case name, commodity or commodities involved, and 
     rate review guideline or guidelines used;
       ``(B) the date on which the rate review proceeding began;
       ``(C) the date for the completion of discovery;
       ``(D) the date for the completion of the evidentiary 
     record;
       ``(E) the date for the submission of closing briefs;
       ``(F) the date on which the Board issued the final 
     decision; and
       ``(G) a brief summary of the final decision;
       ``(2) Website posting.--Each quarterly report shall be 
     posted on the Board's public website.''.
       (b) Compilation of Complaints at Surface Transportation 
     Board.--
       (1) In general.--Section 1304, as amended by subsection 
     (a), is further amended by adding at the end the following:
       ``(c) Complaints.--
       ``(1) In general.--The Board shall establish and maintain a 
     database of complaints received by the Board.
       ``(2) Quarterly reports.--The Board shall post a quarterly 
     report of formal and informal service complaints received by 
     the Board during the previous quarter that includes--
       ``(A) the date on which the complaint was received by the 
     Board;
       ``(B) a list of the type of each complaint;
       ``(C) the geographic region of each complaint; and
       ``(D) the resolution of each complaint, if appropriate.
       ``(3) Written consent.--The quarterly report may identify a 
     complainant that submitted an informal complaint only upon 
     the written consent of the complainant.
       ``(4) Website posting.--Each quarterly report shall be 
     posted on the Board's public website.''.

     SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

       Section 1305, as redesignated by section 3, is amended by 
     striking paragraphs (1) through (3) and inserting the 
     following:
       ``(1) $33,000,000 for fiscal year 2016;
       ``(2) $35,000,000 for fiscal year 2017;
       ``(3) $35,500,000 for fiscal year 2018;
       ``(4) $35,500,000 for fiscal year 2019; and
       ``(5) $36,000,000 for fiscal year 2020.''.

     SEC. 8. AGENT IN THE DISTRICT OF COLUMBIA.

       (a) Designation of Agent and Service of Notice.--Section 
     1323, as redesignated by section 3(a), is amended--
       (1) in subsection (a), by striking ``in the District of 
     Columbia,''; and
       (2) in subsection (c), by striking ``in the District of 
     Columbia''.
       (b) Service of Process in Court Proceedings.--Section 
     1324(a), as redesignated by section 3(a), is amended by 
     striking ``in the District of Columbia'' each place such 
     phrase appears.

     SEC. 9. DEPARTMENT OF TRANSPORTATION INSPECTOR GENERAL 
                   AUTHORITY.

       Subchapter II of chapter 13, as redesignated by section 
     3(a)(2), is amended by inserting after section 1325, as 
     redesignated by section 3(a)(6), the following:

     ``Sec. 1326. Authority of the Inspector General

       ``(a) In General.--The Inspector General of the Department 
     of Transportation, in accordance with the mission of the 
     Inspector General to prevent and detect fraud and abuse, 
     shall have authority to review only the financial management, 
     property management, and business operations of the Surface 
     Transportation Board, including internal accounting and 
     administrative control systems, to determine the Board's 
     compliance with applicable Federal laws, rules, and 
     regulations.
       ``(b) Duties.--In carrying out this section, the Inspector 
     General shall--
       ``(1) keep the Chairman of the Board, the Committee on 
     Commerce, Science, and Transportation of the Senate, and the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives fully and currently informed about 
     problems relating to administration of the internal 
     accounting and administrative control systems of the Board;
       ``(2) issue findings and recommendations for actions to 
     address the problems referred to in paragraph (1); and
       ``(3) submit periodic reports to the Committee on Commerce, 
     Science, and Transportation of the Senate, and the Committee 
     on Transportation and Infrastructure of the House of 
     Representatives that describe any progress made in 
     implementing actions to address the problems referred to in 
     paragraph (1).
       ``(c) Access to Information.--In carrying out this section, 
     the Inspector General may exercise authorities granted to the 
     Inspector General under subsections (a) and (b) of section 6 
     of the Inspector General Act of 1978 (5 U.S.C. App.).
       ``(d) Authorization of Appropriations.--
       ``(1) Funding.--There are authorized to be appropriated to 
     the Secretary of Transportation for use by the Inspector 
     General of the Department of Transportation such sums as may 
     be necessary to cover expenses associated with activities 
     pursuant to the authority exercised under this section.
       ``(2) Reimbursable agreement.--In the absence of an 
     appropriation under this subsection for an expense referred 
     to in paragraph (1), the Inspector General and the Board 
     shall have a reimbursement agreement to cover such 
     expense.''.

     SEC. 10. AMENDMENT TO TABLE OF SECTIONS.

       The table of sections for chapter 13, as redesignated by 
     section 3(a), is amended to read as follows:

               ``CHAPTER 13--SURFACE TRANSPORTATION BOARD

                           ``i--establishment

``Sec.
``1301. Establishment of Board
``1302. Functions.
``1303. Administrative provisions.
``1304. Reports.
``1305. Authorization of appropriations.
``1306. Reporting official action.

                          ``ii--administrative

``1321. Powers.

[[Page 9993]]

``1322. Board action.
``1323. Service of notice in Board proceedings.
``1324. Service of process in court proceedings.
``1325. Railroad-Shipper Transportation Advisory Council.
``1326. Authority of the Inspector General.''.

     SEC. 11. PROCEDURES FOR RATE CASES.

       (a) Simplified Procedure.--Section 10701(d)(3) is amended 
     to read as follows:
       ``(3) The Board shall maintain 1 or more simplified and 
     expedited methods for determining the reasonableness of 
     challenged rates in those cases in which a full stand-alone 
     cost presentation is too costly, given the value of the 
     case.''.
       (b) Expedited Handling; Rate Review Timelines.--Section 
     10704(d) is amended--
       (1) by striking ``(d) Within 9 months'' and all that 
     follows through ``railroad rates.'' and inserting the 
     following:
       ``(d)(1) The Board shall maintain procedures to ensure the 
     expeditious handling of challenges to the reasonableness of 
     railroad rates.''; and
       (2) by adding at the end the following:
       ``(2)(A) Except as provided under subparagraph (B), in a 
     stand-alone cost rate challenge, the Board shall comply with 
     the following timeline:
       ``(i) Discovery shall be completed not later than 150 days 
     after the date on which the challenge is initiated.
       ``(ii) The development of the evidentiary record shall be 
     completed not later than 155 days after the date on which 
     discovery is completed under clause (i).
       ``(iii) The closing brief shall be submitted not later than 
     60 days after the date on which the development of the 
     evidentiary record is completed under clause (ii).
       ``(iv) A final Board decision shall be issued not later 
     than 180 days after the date on which the evidentiary record 
     is completed under clause (ii).
       ``(B) The Board may extend a timeline under subparagraph 
     (A) after a request from any party or in the interest of due 
     process.''.
       (c) Procedures.--Not later than 180 days after the date of 
     the enactment of this Act, the Surface Transportation Board 
     shall initiate a proceeding to assess procedures that are 
     available to parties in litigation before courts to expedite 
     such litigation and the potential application of any such 
     procedures to rate cases.
       (d) Expired Rail Service Contract Limitation.--Section 
     10709 is amended by striking subsection (h).

     SEC. 12. INVESTIGATIVE AUTHORITY.

       (a) Authority To Initiate Investigations.--Section 11701(a) 
     is amended--
       (1) by striking ``only on complaint'' and inserting ``on 
     the Board's own initiative or upon receiving a complaint 
     pursuant to subsection (b)''; and
       (2) by adding at the end the following: ``If the Board 
     finds a violation of this part in a proceeding brought on its 
     own initiative, any remedy from such proceeding may only be 
     applied prospectively.''.
       (b) Limitations on Investigations of the Board's 
     Initiative.--Section 11701, as amended by subsection (a), is 
     further amended by adding at the end the following:
       ``(d) In any investigation commenced on the Board's own 
     initiative, the Board shall--
       ``(1) not later than 30 days after initiating the 
     investigation, provide written notice to the parties under 
     investigation, which shall state the basis for such 
     investigation;
       ``(2) only investigate issues that are of national or 
     regional significance;
       ``(3) permit the parties under investigation to file a 
     written statement describing any or all facts and 
     circumstances concerning a matter which may be the subject of 
     such investigation;
       ``(4) make available to the parties under investigation and 
     Board members--
       ``(A) any recommendations made as a result of the 
     investigation; and
       ``(B) a summary of the findings that support such 
     recommendations;
       ``(5) to the extent practicable, separate the investigative 
     and decisionmaking functions of staff;
       ``(6) dismiss any investigation that is not concluded by 
     the Board with administrative finality within 1 year after 
     the date on which it was commenced; and
       ``(7) not later than 90 days after receiving the 
     recommendations and summary of findings under paragraph (4)--
       ``(A) dismiss the investigation if no further action is 
     warranted; or
       ``(B) initiate a proceeding to determine if a provision 
     under this part has been violated.
       ``(e)(1) Any parties to an investigation against whom a 
     violation is found as a result of an investigation begun on 
     the Board's own initiative may, not later than 60 days after 
     the date of the order of the Board finding such a violation, 
     institute an action in the United States court of appeals for 
     the appropriate judicial circuit for de novo review of such 
     order in accordance with chapter 7 of title 5.
       ``(2) The court--
       ``(A) shall have jurisdiction to enter a judgment 
     affirming, modifying, or setting aside, in whole or in part, 
     the order of the Board; and
       ``(B) may remand the proceeding to the Board for such 
     further action as the court may direct.''.
       (c) Rulemakings for Investigations of the Board's 
     Initiative.--Not later than 1 year after the date of the 
     enactment of this Act, the Board shall issue rules, after 
     notice and comment rulemaking, for investigations commenced 
     on its own initiative that--
       (1) comply with the requirements of section 11701(d) of 
     title 49, United States Code, as added by subsection (b);
       (2) satisfy due process requirements; and
       (3) take into account ex parte constraints.

     SEC. 13. ARBITRATION OF CERTAIN RAIL RATES AND PRACTICES 
                   DISPUTES.

       (a) In General.--Chapter 117 is amended by adding at the 
     end the following:

     ``Sec. 11708. Voluntary arbitration of certain rail rates and 
       practices disputes

       ``(a) In General.--Not later than 1 year after the date of 
     the enactment of the Surface Transportation Board 
     Reauthorization Act of 2015, the Board shall promulgate 
     regulations to establish a voluntary and binding arbitration 
     process to resolve rail rate and practice complaints subject 
     to the jurisdiction of the Board.
       ``(b) Covered Disputes.--The voluntary and binding 
     arbitration process established pursuant to subsection (a)--
       ``(1) shall apply to disputes involving--
       ``(A) rates, demurrage, accessorial charges, misrouting, or 
     mishandling of rail cars; or
       ``(B) a carrier's published rules and practices as applied 
     to particular rail transportation;
       ``(2) shall not apply to disputes--
       ``(A) to obtain the grant, denial, stay, or revocation of 
     any license, authorization, or exemption;
       ``(B) to prescribe for the future any conduct, rules, or 
     results of general, industry-wide applicability;
       ``(C) to enforce a labor protective condition; or
       ``(D) that are solely between 2 or more rail carriers; and
       ``(3) shall not prevent parties from independently seeking 
     or utilizing private arbitration services to resolve any 
     disputes the parties may have.
       ``(c) Arbitration Procedures.--
       ``(1) In general.--The Board--
       ``(A) may make the voluntary and binding arbitration 
     process established pursuant to subsection (a) available only 
     to the relevant parties;
       ``(B) may make the voluntary and binding arbitration 
     process available only--
       ``(i) after receiving the written consent to arbitrate from 
     all relevant parties; and
       ``(ii)(I) after the filing of a written complaint; or
       ``(II) through other procedures adopted by the Board in a 
     rulemaking proceeding;
       ``(C) with respect to rate disputes, may make the voluntary 
     and binding arbitration process available only to the 
     relevant parties if the rail carrier has market dominance (as 
     determined under section 10707); and
       ``(D) may initiate the voluntary and binding arbitration 
     process not later than 40 days after the date on which a 
     written complaint is filed or through other procedures 
     adopted by the Board in a rulemaking proceeding.
       ``(2) Limitation.--Initiation of the voluntary and binding 
     arbitration process shall preclude the Board from separately 
     reviewing a complaint or dispute related to the same rail 
     rate or practice in a covered dispute involving the same 
     parties.
       ``(3) Rates.--In resolving a covered dispute involving the 
     reasonableness of a rail carrier's rates, the arbitrator or 
     panel of arbitrators, as applicable, shall consider the 
     Board's methodologies for setting maximum lawful rates, 
     giving due consideration to the need for differential pricing 
     to permit a rail carrier to collect adequate revenues (as 
     determined under section 10704(a)(2)).
       ``(d) Arbitration Decisions.--Any decision reached in an 
     arbitration process under this section--
       ``(1) shall be consistent with sound principles of rail 
     regulation economics;
       ``(2) shall be in writing;
       ``(3) shall contain findings of fact and conclusions;
       ``(4) shall be binding upon the parties; and
       ``(5) shall not have any precedential effect in any other 
     or subsequent arbitration dispute.
       ``(e) Timelines.--
       ``(1) Selection.--An arbitrator or panel of arbitrators 
     shall be selected not later than 14 days after the date of 
     the Board's decision to initiate arbitration.
       ``(2) Evidentiary process.--The evidentiary process of the 
     voluntary and binding arbitration process shall be completed 
     not later than 90 days after the date on which the 
     arbitration process is initiated unless--
       ``(A) a party requests an extension; and
       ``(B) the arbitrator or panel of arbitrators, as 
     applicable, grants such extension request.
       ``(3) Decision.--The arbitrator or panel of arbitrators, as 
     applicable, shall issue a decision not later than 30 days 
     after the date on which the evidentiary record is closed.
       ``(4) Extensions.--The Board may extend any of the 
     timelines under this subsection upon the agreement of all 
     parties in the dispute.
       ``(f) Arbitrators.--
       ``(1) In general.--Unless otherwise agreed by all of the 
     parties, an arbitration under this section shall be conducted 
     by an arbitrator or panel of arbitrators, which shall be

[[Page 9994]]

     selected from a roster, maintained by the Board, of persons 
     with rail transportation, economic regulation, professional 
     or business experience, including agriculture, in the private 
     sector.
       ``(2) Independence.--In an arbitration under this section, 
     the arbitrators shall perform their duties with diligence, 
     good faith, and in a manner consistent with the requirements 
     of impartiality and independence.
       ``(3) Selection.--
       ``(A) In general.--If the parties cannot mutually agree on 
     an arbitrator, or the lead arbitrator of a panel of 
     arbitrators, the parties shall select the arbitrator or lead 
     arbitrator from the roster by alternately striking names from 
     the roster until only 1 name remains meeting the criteria set 
     forth in paragraph (1).
       ``(B) Panel of arbitrators.--If the parties agree to select 
     a panel of arbitrators, instead of a single arbitrator, the 
     panel shall be selected under this subsection as follows:
       ``(i) The parties to a dispute may mutually select 1 
     arbitrator from the roster to serve as the lead arbitrator of 
     the panel of arbitrators.
       ``(ii) If the parties cannot mutually agree on a lead 
     arbitrator, the parties shall select a lead arbitrator using 
     the process described in subparagraph (A).
       ``(iii) In addition to the lead arbitrator selected under 
     this subparagraph, each party to a dispute shall select 1 
     additional arbitrator from the roster, regardless of whether 
     the other party struck out the arbitrator's name under 
     subparagraph (A).
       ``(4) Cost.--The parties shall share the costs incurred by 
     the Board and arbitrators equally, with each party 
     responsible for paying its own legal and other associated 
     arbitration costs.
       ``(g) Relief.--
       ``(1) In general.--Subject to the limitations set forth in 
     paragraphs (2) and (3), an arbitral decision under this 
     section may award the payment of damages or rate prescriptive 
     relief.
       ``(2) Practice disputes.--The damage award for practice 
     disputes may not exceed $2,000,000.
       ``(3) Rate disputes.--
       ``(A) Monetary limit.--The damage award for rate disputes, 
     including any rate prescription, may not exceed $25,000,000.
       ``(B) Time limit.--Any rate prescription shall be limited 
     to not longer than 5 years from the date of the arbitral 
     decision.
       ``(h) Board Review.--If a party appeals a decision under 
     this section to the Board, the Board may review the decision 
     under this section to determine if--
       ``(1) the decision is consistent with sound principles of 
     rail regulation economics;
       ``(2) a clear abuse of arbitral authority or discretion 
     occurred;
       ``(3) the decision directly contravenes statutory 
     authority; or
       ``(4) the award limitation under subsection (g) was 
     violated.''.
       (b) Conforming Amendment.--The table of contents for 
     chapter 117 is amended by adding at the end the following:

``11708. Voluntary arbitration of certain rail rates and practice 
              disputes.''.

     SEC. 14. EFFECT OF PROPOSALS FOR RATES FROM MULTIPLE ORIGINS 
                   AND DESTINATIONS.

       (a) In General.--Not later than 90 days after the date of 
     the enactment of this Act, the Comptroller General of the 
     United States shall commence a study of rail transportation 
     contract proposals containing multiple origin-to-destination 
     movements.
       (b) Report.--Not later than 1 year after commencing the 
     study required under subsection (a), the Comptroller General 
     shall submit a report containing the results of the study 
     to--
       (1) the Committee on Commerce, Science, and Transportation 
     of the Senate; and
       (2) the Committee on Transportation and Infrastructure of 
     the House of Representatives.

     SEC. 15. REPORTS.

       (a) Report on Rate Case Methodology.--Not later than 1 year 
     after the date of the enactment of this Act, the Surface 
     Transportation Board shall submit a report to the 
     congressional committees referred to in section 14(b) that--
       (1) indicates whether current large rate case methodologies 
     are sufficient, not unduly complex, and cost effective;
       (2) indicates whether alternative methodologies exist, or 
     could be developed, to streamline, expedite, and address the 
     complexity of large rate cases; and
       (3) only includes alternative methodologies, which exist or 
     could be developed, that are consistent with sound economic 
     principles.
       (b) Quarterly Reports.--Beginning not later than 60 days 
     after the date of the enactment of this Act, the Surface 
     Transportation Board shall submit quarterly reports to the 
     congressional committees referred to in section 14(b) that 
     describes the Surface Transportation Board's progress toward 
     addressing the issues raised in each unfinished regulatory 
     proceeding, regardless of whether the proceeding is subject 
     to a statutory or regulatory deadline.

     SEC. 16. CRITERIA.

       Section 10704(a)(2) is amended by inserting ``for the 
     infrastructure and investment needed to meet the present and 
     future demand for rail services and'' after ``management,''.

     SEC. 17. CONSTRUCTION.

       Nothing in this Act may be construed to affect any suit 
     commenced by or against the Surface Transportation Board, or 
     any proceeding or challenge pending before the Surface 
     Transportation Board, before the date of the enactment of 
     this Act.

                          ____________________