Surface Transportation Board Reauthorization Act of 2015
PL 114-110 (S.808), enacted 12/18/2015

129 STAT. 2228 
PUBLIC LAW 114–110—DEC. 18, 2015 
Public Law 114–110 
114th Congress 
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 estab-
lishment. 
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 
49 USC 721–724, 
1321–1324. 
49 USC 725, 727. 
49 USC 701–706, 
1301–1306. 
49 USC 701 prec. 
49 USC 701 prec. 
49 USC 1101 
note. 
Surface 
Transportation 
Board 
Reauthorization 
Act of 2015. 
Dec. 18, 2015 
[S. 808] 
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129 STAT. 2229 
PUBLIC LAW 114–110—DEC. 18, 2015 
(6) by redesignating section 726 as section 1325. 
(b) INDEPENDENT ESTABLISHMENT.—Section 1301, as redesig-
nated 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 redesig-
nated 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 esti-
mate, budget request, supplemental budget estimate, or other 
budget information, legislative recommendation, prepared testi-
mony 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 Infrastruc-
ture 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, pre-
pared 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 rec-
ommendations, 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 profes-
sional 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 para-
graphs (4), (5), and (6), respectively; and 
Records. 
49 USC 1303. 
49 USC 1301. 
49 USC 726, 
1325. 
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129 STAT. 2230 
PUBLIC LAW 114–110—DEC. 18, 2015 
(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 mat-
ters 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 para-
graph may be construed— 
‘‘(i) to limit the applicability of section 552b of 
title 5 with respect to any information which is pro-
posed to be withheld from the public under subpara-
graph (B)(ii); or 
Summary. 
List. 
Deadline. 
Public 
information. 
49 USC 1303. 
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129 STAT. 2231 
PUBLIC LAW 114–110—DEC. 18, 2015 
‘‘(ii) to authorize the Board to withhold from any 
individual any record that is accessible to that indi-
vidual 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 fol-
lowing: 
‘‘§ 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 initi-
ated 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.’’. 
List. 
Data. 
49 USC 1304. 
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129 STAT. 2232 
PUBLIC LAW 114–110—DEC. 18, 2015 
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: 
‘‘§ 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 Rep-
resentatives 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 
Reports. 
49 USC 1326. 
49 USC 1324. 
49 USC 1323. 
49 USC 1305. 
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129 STAT. 2233 
PUBLIC LAW 114–110—DEC. 18, 2015 
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 expe-
dited 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 evi-
dentiary 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). 
Records. 
Compliance. 
49 USC 10704. 
49 USC 10701. 
Deadlines. 
49 USC 
1301 prec. 
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129 STAT. 2234 
PUBLIC LAW 114–110—DEC. 18, 2015 
‘‘(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 INITIA-
TIVE.—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 initia-
tive, 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 con-
cerning 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 rec-
ommendations; 
‘‘(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 recommenda-
tions 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. 
Recommenda- 
tions. 
Notice. 
49 USC 11701. 
Deadlines. 
49 USC 10709. 
Assessment. 
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129 STAT. 2235 
PUBLIC LAW 114–110—DEC. 18, 2015 
‘‘(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 INITIA-
TIVE.—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 DIS-
PUTES. 
(a) IN GENERAL.—Chapter 117 is amended by adding at the 
end the following: 
‘‘§ 11708. Voluntary arbitration of certain rail rates and prac-
tices 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 arbitra-
tion 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 
Applicability. 
Deadline. 
Regulations. 
49 USC 11708. 
49 USC 11701 
note. 
Courts. 
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129 STAT. 2236 
PUBLIC LAW 114–110—DEC. 18, 2015 
‘‘(II) through other procedures adopted by the 
Board in a rulemaking proceeding; 
‘‘(C) with respect to rate disputes, may make the vol-
untary and binding arbitration process available only to 
the relevant parties if the rail carrier has market domi-
nance (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 meth-
odologies for setting maximum lawful rates, giving due consid-
eration to the need for differential pricing to permit a rail 
carrier to collect adequate revenues (as determined under sec-
tion 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 regula-
tion 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 par-
ties 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 
Deadlines. 
Deadline. 
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129 STAT. 2237 
PUBLIC LAW 114–110—DEC. 18, 2015 
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 arbitra-
tors, 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 arbi-
trator 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, regard-
less of whether the other party struck out the arbitra-
tor’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 vio-
lated.’’. 
(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.’’. 
49 USC 
11701 prec. 
Determination. 
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129 STAT. 2238 
PUBLIC LAW 114–110—DEC. 18, 2015 
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 pro-
posals 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 Transpor-
tation 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 Transpor-
tation 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 infrastruc-
ture 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 com-
menced by or against the Surface Transportation Board, or any 
49 USC 1301 
note. 
49 USC 10704. 
Effective date. 
49 USC 1304 
note. 
Deadline. 
Study. 
Contracts. 
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129 STAT. 2239 
PUBLIC LAW 114–110—DEC. 18, 2015 
LEGISLATIVE HISTORY—S. 808: 
SENATE REPORTS: No. 114–52 (Comm. on Commerce, Science, and Transporta-
tion). 
CONGRESSIONAL RECORD, Vol. 161 (2015): 
June 18, considered and passed Senate. 
Dec. 10, considered and passed House. 
proceeding or challenge pending before the Surface Transportation 
Board, before the date of the enactment of this Act. 
Approved December 18, 2015. 
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