[114th Congress Public Law 110]
[From the U.S. Government Publishing Office]
[[Page 2227]]
SURFACE TRANSPORTATION BOARD REAUTHORIZATION ACT OF 2015
[[Page 129 STAT. 2228]]
Public Law 114-110
114th Congress
An Act
To establish the Surface Transportation Board as an independent
establishment, and for other purposes. <<NOTE: Dec. 18, 2015 - [S.
808]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Surface
Transportation Board Reauthorization Act of 2015.>>
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) <<NOTE: 49 USC 1101 note.>> 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) <<NOTE: 49 USC 701 prec.>> by moving chapter 7 after
chapter 11 in subtitle II;
(2) <<NOTE: 49 USC 701 prec.>> by redesignating chapter 7
as chapter 13;
(3) by redesignating sections 701 through 706 <<NOTE: 49 USC
701-706, 1301-1306.>> as sections 1301 through 1306,
respectively;
(4) <<NOTE: 49 USC 725, 727.>> by striking sections 725 and
727;
(5) <<NOTE: 49 USC 721-724, 1321-1324.>> by redesignating
sections 721 through 724 as sections 1321 through 1324,
respectively; and
[[Page 129 STAT. 2229]]
(6) by redesignating section 726 <<NOTE: 49 USC 726,
1325.>> as section 1325.
(b) Independent Establishment.--Section 1301, as redesignated by
subsection (a)(3), <<NOTE: 49 USC 1301.>> 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), <<NOTE: 49 USC 1303.>> 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) <<NOTE: Records.>> 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
(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
[[Page 129 STAT. 2230]]
(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, <<NOTE: 49 USC 1303.>> 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.-- <<NOTE: Deadline. Public
information.>> 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) <<NOTE: List.>> a list of the
individuals present at the meeting; and
``(ii) <<NOTE: Summary.>> 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
[[Page 129 STAT. 2231]]
``(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, <<NOTE: 49 USC
1304.>> 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) <<NOTE: Database.>> 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.''.
[[Page 129 STAT. 2232]]
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
Section 1305, as redesignated by section 3, <<NOTE: 49 USC 1305.>>
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), <<NOTE: 49 USC 1323.>> 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), <<NOTE: 49 USC 1324.>> 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. <<NOTE: 49 USC 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) <<NOTE: Reports.>> 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
[[Page 129 STAT. 2233]]
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), <<NOTE: 49 USC 1301 prec.>> 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.
``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) <<NOTE: 49 USC
10701.>> 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) <<NOTE: Deadlines.>> Expedited Handling; Rate Review
Timelines.--Section 10704(d) <<NOTE: 49 USC 10704.>> 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) <<NOTE: Compliance.>> 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) <<NOTE: Records.>> 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).
[[Page 129 STAT. 2234]]
``(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.-- <<NOTE: Assessment.>> 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 <<NOTE: 49 USC 10709.>> is amended by striking subsection (h).
SEC. 12. INVESTIGATIVE AUTHORITY.
(a) Authority To Initiate Investigations.--Section <<NOTE: 49 USC
11701.>> 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) <<NOTE: Deadlines.>> In any investigation commenced on the
Board's own initiative, the Board shall--
``(1) <<NOTE: Notice.>> 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) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Deadline.>> 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.
[[Page 129 STAT. 2235]]
``(2) <<NOTE: Courts.>> 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) <<NOTE: 49 USC 11701 note. Deadline.>> 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. <<NOTE: 49 USC 11708.>> Voluntary arbitration of
certain rail rates and practices disputes
``(a) <<NOTE: Deadline. Regulations.>> 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) <<NOTE: Applicability.>> 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
[[Page 129 STAT. 2236]]
``(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) <<NOTE: Deadline.>> 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) <<NOTE: Deadlines.>> 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 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
[[Page 129 STAT. 2237]]
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) <<NOTE: Determination.>> 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 <<NOTE: 49 USC 11701 prec.>> is amended by adding at the end the
following:
``11708. Voluntary arbitration of certain rail rates and practice
disputes.''.
[[Page 129 STAT. 2238]]
SEC. 14. EFFECT OF PROPOSALS FOR RATES FROM MULTIPLE ORIGINS AND
DESTINATIONS.
(a) <<NOTE: Deadline. Study. Contracts.>> 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) <<NOTE: Effective date. 49 USC 1304 note.>> 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) <<NOTE: 49 USC 10704.>> 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. <<NOTE: 49 USC 1301 note.>> CONSTRUCTION.
Nothing in this Act may be construed to affect any suit commenced by
or against the Surface Transportation Board, or any
[[Page 129 STAT. 2239]]
proceeding or challenge pending before the Surface Transportation Board,
before the date of the enactment of this Act.
Approved December 18, 2015.
LEGISLATIVE HISTORY--S. 808:
---------------------------------------------------------------------------
SENATE REPORTS: No. 114-52 (Comm. on Commerce, Science, and
Transportation).
CONGRESSIONAL RECORD, Vol. 161 (2015):
June 18, considered and passed Senate.
Dec. 10, considered and passed House.
<all>