```

[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 808 Enrolled Bill (ENR)]

        S.808

                     One Hundred Fourteenth Congress

                                 of the

                        United States of America

                          AT THE FIRST SESSION

          Begun and held at the City of Washington on Tuesday,
           the sixth day of January, two thousand and fifteen

                                 An Act

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

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
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.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.
```