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[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 808 Reported in Senate (RS)]

                                                        Calendar No. 94
114th CONGRESS
  1st Session
                                 S. 808

                          [Report No. 114-52]

    To establish the Surface Transportation Board as an independent 
                 establishment, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             March 19, 2015

 Mr. Thune (for himself and Mr. Nelson) introduced the following bill; 
    which was read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

                              May 21, 2015

                Reported by Mr. Thune, without amendment

_______________________________________________________________________

                                 A BILL

 
    To establish the Surface Transportation Board as an independent 
                 establishment, and for other purposes.

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
            (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.
``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 
        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.
                                                        Calendar No. 94

114th CONGRESS

  1st Session

                                 S. 808

                          [Report No. 114-52]

_______________________________________________________________________

                                 A BILL

    To establish the Surface Transportation Board as an independent 
                 establishment, and for other purposes.

_______________________________________________________________________

                              May 21, 2015

                       Reported without amendment
```