,,ii ,calendar ,no4 #fbd #aacth ,,congress #b;d ,session ,s4 #bggg ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,september #h1 #bjad,mr4 ,rockefeller 7for himself1 ,mr4 ,thune1 and ,ms4 ,baldwin7 introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,december #h1 #bjad,reported by ,mr4 ,rockefeller1 with an amendment,strike out all after the enacting clause and insert the part printed in italic ,a ,,bill ,to establish the ,surface ,transportation ,board as an independent establishment1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,surface ,transportation ,board ,reauthorization ,act of #bjad4 #b4 ,references to title #di1 ,united ,states ,code ,except as otherwise expressly provided1 wherever in this ,act an amendment or repeal is expressed in terms of an amendment to1 or repeal of1 a section or other provision1 the reference shall be considered to be made to a section or other provision of title #di1 ,united ,states ,code4 #c4 ,establishment of ,surface ,transportation ,board as an independent establishment 7a7 ,in general ,section #gja7;a7 is amended to read as follows3 7a7 ,establishment ,the ,surface ,transportation ,board is an independent establishment of the ,united ,states ,government4 4 7b7 ,conforming amendments 7#a7 ,administrative provisions ,section #gjc is amended-- 7,a7 by striking subsections 7a71 7c71 7f71 and 7g72 7,b7 by redesignating subsections 7b71 7d71 and 7e7 as subsections 7a71 7b71 and 7c71 respectively2 and 7,c7 by adding at the end the following3 7d7 ,submissions and transmittals ,whenever the ,board submits or transmits any budget estimate1 budget request1 supplemental budget estimate1 or other budget information1 legislative recommendation1 prepared testimony for a congressional hearing1 or comment on legislation to the ,president or to the ,office of ,management and ,budget1 it shall concurrently transmit a copy thereof to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives4 ,no officer or agency of the ,united ,states shall have any authority to require the ,board to submit its budget estimates or requests1 legislative recommendations1 prepared testimony for congressional hearings1 or comments on legislation to any officer or agency of the ,united ,states for approval1 comments1 or review1 prior to the submission of the recommendations1 testimony1 or comments to ,congress4 4 7#b7 ,administrative support 7,a7 ,repealer ,section #gbe is repealed4 7,b7 ,conforming amendment ,the table of contents for chapter #g is amended by striking the item relating to section #gbe4 #d4 ,surface ,transportation ,board membership 7a7 ,in general ,section #gja7;b7 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 by striking #c members and inserting #e members2 and 7,b7 by striking #b members and inserting #c members2 and 7#b7 by striking paragraph 7#b7 and inserting the following3 7#b7 ,at any given time1 at least #c members of the ,board shall be individuals with professional standing and demonstrated knowledge in the fields of transportation1 transportation regulation1 or economic regulation1 and at least #b members shall be individuals with professional or business experience 7including agriculture or other rail customers7 in the private sector4 4 7b7 ,repeal of holdover limitation ,section #gja7;b77#c7 is amended by striking qualified1 but for a period not to exceed one year and inserting qualified4 7c7 ,repeal of obsolete provision ,section #gja7;b7 is amended-- 7#a7 by striking paragraph 7#d72 7#b7 by redesignating paragraphs 7#e71 7#f71 and 7#g7 as paragraphs 7#d71 7#e71 and 7#f71 respectively2 and 7#c7 by striking ,in the case of an individual who becomes a member of the ,board pursuant to paragraph 7#d71 or an individual in paragraph 7#d71 as redesignated1 and inserting ,in the case of an individual4 #e4 ,nonpublic collaborative discussions ,section #gjc7;a71 as redesignated by section #c of this ,act1 is amended to read as follows3 7a7 ,open meetings 7#a7 ,in general ,the ,board shall be deemed to be an agency for purposes of section #eeb;b of title #e4 7#b7 ,nonpublic collaborative discussions 7,a7 ,in general ,notwithstanding section #eeb;b of title #e1 a majority of the members may hold a meeting that is not open to public observation to discuss official agency business if-- 7i7 no vote or other disposition of official agency business is taken at the meeting2 7ii7 each individual present at the meeting is a member or an employee of the ,board2 and 7iii7 the ,general ,counsel of the ,board is present at the meeting4 7,b7 ,disclosure of nonpublic collaborative discussions ,except as provided under subparagraph 7,c71 not later than #b business days after the conclusion of a meeting under subparagraph 7,a71 the ,board shall make available to the public1 in a place easily accessible to the public-- 7i7 a list of the individuals present at the meeting2 and 7ii7 a summary of the matters discussed at the meeting1 except for any matters the ,board properly determines may be withheld from the public under section #eeb;b7c7 of title #e4 7,c7 ,ongoing proceedings ,if a discussion under subparagraph 7,a7 relates1 directly or indirectly1 to an ongoing proceeding before the ,board1 the ,board shall make the disclosure under subparagraph 7,b7 on the date of the final ,board decision4 7,d7 ,preservation of open meetings requirements for agency action ,nothing in this paragraph shall limit the applicability of section #eeb;b of title #e with respect to a meeting of the members other than that described in this paragraph4 7,e7 ,statutory construction ,nothing in this paragraph-- 7i7 shall limit the applicability of section #eeb;b of title #e with respect to any information which is proposed to be withheld from the public under subparagraph 7,b77ii72 and 7ii7 authorizes the ,board to withhold from any individual any record that is accessible to that individual under section #eeb;a of title #e1 ,united ,states ,code4 4 #f4 ,investigative authority 7a7 ,authority ,to initiate investigations ,section #aagja7;a7 is amended by striking only on complaint and inserting on the ,board's own initiative or on complaint4 7b7 ,rate proceedings ,section #ajgjd7;b7 is amended by striking the first sentence and inserting ,the ,board may begin a proceeding under subsection 7a77#a7 on its own initiative or upon complaint1 except that a proceeding to determine the reasonableness of the level of a rate charged by a carrier may only be initiated upon complaint44 7c7 ,annual report2 investigations ,section #gjd is amended by striking on its activities4 and inserting on its activities1 including each instance in which the ,board has initiated an investigation on its own initiative under this chapter or subtitle ,,iv44 #g4 ,procedures for rate cases 7a7 ,simplified procedure ,section #ajgja7;d77#c7 is amended to read as follows3 7#c7 ,the ,board shall maintain a simplified and expedited method for determining the reasonableness of challenged rates in those cases in which a full stand-alone cost presentation is too costly1 given the value of the case4 4 7b7 ,expedited handling ,section #ajgjd7;d7 is amended by striking the first sentence and inserting ,the ,board shall maintain procedures to ensure expeditious handling of challenges to the reasonableness of railroad rates44 #h4 ,rate review timelines ,section #ajgjd7;d71 as amended by section #g of this ,act1 is further amended-- 7#a7 by striking 7d7 ,the and inserting 7d77#a7 ,the2 and 7#b7 by adding at the end the following3 7#b7 7,a7 ,except as provided under subparagraph 7,b71 in a stand-alone cost rate challenge1 the ,board shall comply with the following timeline3 7i7 ,for discovery1 completion not later than #aej days after the date that the challenge is initiated4 7ii7 ,for development of the evidentiary record1 completion not later than #aee days after the date that discovery is complete under clause 7i74 7iii7 ,for submission of a closing brief1 submission not later than #fj days after the date that development of the evidentiary record is complete under clause 7ii74 7iv7 ,for a final ,board decision1 issuance not later than #ahj days after the date that the last closing brief is submitted under clause 7iii74 7,b7 ,the ,board may extend a timeline under subparagraph 7,a7 after a request from any party or in the interest of due process4 4 #i4 ,effect of rate bundling ,not later than #ahj days after the date of enactment of this ,act1 the ,surface ,transportation ,board shall initiate an ex parte proceeding on whether contract proposals for multiple origin-to-destination movements have adversely impacted the intent of ,congress that the ,surface ,transportation ,board's rate challenge procedures remain available to shippers that are subject to railroad market dominance1 and how the ,board can prevent such practices in the future4 #aj4 ,report on rate case methodology ,not later than #a year after the date of enactment of this ,act1 the ,surface ,transportation ,board shall report to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives on-- 7#a7 whether current methodologies are sufficient to address the complexity of large rate cases2 and 7#b7 alternative methodologies that could streamline and expedite large rate cases4 #aa4 ,arbitration of certain rail rates1 practices1 and common carrier service expectation disputes 7a7 ,in general ,chapter #aag is amended by adding at the end the following3 #aagji4 ,arbitration of certain rail rates1 practices1 and common carrier service disputes 7a7 ,in general ,not later than #a year after the date of enactment of the ,surface ,transportation ,board ,reauthorization ,act of #bjad1 the ,board shall promulgate regulations to establish a binding arbitration process to resolve rail rate1 practice1 and common carrier service expectation complaints subject to the jurisdiction of the ,board4 7b7 ,covered disputes ,the binding arbitration process-- 7#a7 shall apply to disputes involving rates1 practices1 and common carrier service expectations subject to the jurisdiction of the ,board2 and 7#b7 shall not apply to-- 7,a7 disputes to obtain the grant1 denial1 stay1 or revocation of any license1 authorization1 or exemption1 or to prescribe for the future any conduct1 rules1 or results of general1 industry-wide applicability1 or to enforce a labor protective condition2 and 7,b7 disputes solely between #b or more rail carriers4 7c7 ,arbitration procedures 7#a7 ,in general ,the ,board-- 7,a7 may make the binding arbitration process available only to the relevant parties-- 7i7 after the filing of a formal complaint2 or 7ii7 upon petition by a party at the conclusion of any informal dispute resolution process provided by the ,board for a complaint subject to this section2 7,b7 with respect to rate disputes1 may make the binding arbitration process available only to the relevant parties if the rail carrier has market dominance1 as determined under section #ajgjg of this title2 and 7,c7 shall determine whether to pursue the binding arbitration process not later than #cj days after the date that a petition or formal complaint is filed4 7#b7 ,limitation ,initiation of the binding arbitration process shall preclude the ,board from separately reviewing a complaint or dispute related to the same rail rate1 practice1 or common carrier service expectation in a covered dispute involving the same parties4 7#c7 ,rates ,in resolving a covered dispute involving the reasonableness of a rail carrier's rates1 the arbitrator or panel of arbitrators1 as applicable1 shall consider the ,board's methodologies for setting maximum lawful rates1 giving due consideration to the need for differential pricing to permit a rail carrier to collect adequate revenues within the meaning of section #ajgjd7;a77#b74 7#d7 ,service expectations ,in resolving a dispute involving common carrier service expectations1 the arbitrator or panel of arbitrators1 as applicable1 shall consider the rates and service terms1 and any changes thereto1 as published or otherwise made available under subsection 7b71 7c71 or 7d7 of section #aaaja4 7d7 ,arbitration decisions ,any decision reached in an arbitration process under this section-- 7#a7 shall-- 7,a7 be consistent with subtitle ,,iv2 7,b7 be in writing2 7,c7 contain findings of fact and conclusions2 and 7,d7 be binding upon the parties2 and 7#b7 shall not have any precedential effect in any other or subsequent arbitration dispute4 7e7 ,timelines 7#a7 ,selection ,an arbitrator or panel of arbitrators shall be selected not later than #ad days after the date of the ,board's decision to initiate arbitration4 7#b7 ,evidentiary process ,the evidentiary process of the binding arbitration process shall be completed not later than #ij days after the date that the arbitration process is initiated1 unless a party requests an extension and the arbitrator or panel of arbitrators1 as applicable1 grants it4 7#c7 ,decision ,the arbitrator or panel of arbitrators1 as applicable1 shall issue a decision not later than #cj days after the date that the evidentiary record is closed4 7#d7 ,extensions ,the ,board may extend any of the timelines in this subsection upon the agreement of all parties in the dispute4 7f7 ,arbitrators 7#a7 ,in general ,arbitration under this section shall be conducted by an arbitrator1 or a panel of arbitrators1 selected from a roster1 maintained by the ,board1 of persons with rail transportation1 economic regulation1 professional or business experience1 including agriculture1 in the private sector4 7#b7 ,selection 7,a7 ,in general ,if the parties cannot mutually agree on an arbitrator1 or the lead arbitrator of a panel of arbitrators1 the parties shall select the arbitrator or lead arbitrator from the roster by alternately striking names from the roster until only #a name remains4 7,b7 ,panel of arbitrators ,for purposes of this section1 a panel of arbitrators shall be selected as follows3 7i7 ,notwithstanding subparagraph 7,a71 each party to a dispute shall select #a arbitrator from the roster4 7ii7 ,the parties to a dispute may mutually select #a arbitrator from the roster to serve as the lead arbitrator of the panel of arbitrators4 7#c7 ,cost ,the parties shall share the costs of the arbitration equally4 7g7 ,relief ,an arbitral decision under this section may award the payment of damages or rate prescriptive relief1 but the value of the award shall be limited as follows3 7#a7 ,for common carrier service and practice disputes1 the damage award may not exceed #b1jjj1jjj4 7#b7 ,for rate disputes1 the damage award1 including any rate prescription1 may not exceed #be1jjj1jjj1 and any rate prescription shall be limited to not longer than #e years from the date of the arbitral decision4 7h7 ,board review ,if a party appeals a decision under this section to the ,board1 the ,board may review the decision under this section to determine if-- 7#a7 the decision is consistent with subtitle ,,iv as applied by the ,board2 or 7#b7 the award limitation under subsection 7g74 4 7b7 ,conforming amendment ,the table of contents for chapter #aag is amended by adding at the end the following3 #aagji4 ,arbitration of certain rail rate1 practice1 and common carrier service disputes4 4 #ab4 ,compilation of complaints at ,surface ,transportation ,board 7a7 ,in general ,section #gjd1 as amended by section #f of this ,act1 is further amended-- 7#a7 by striking the section heading and inserting the following3 #gjd4 ,reports 2 7#b7 by inserting 7a7 ,annual report4-- before ,the ,board and indenting appropriately2 and 7#c7 by adding at the end the following3 7b7 ,complaints 7#a7 ,in general ,the ,board shall establish and maintain a database of complaints received by the ,board4 7#b7 ,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-- 7,a7 a list of the type of each complaint2 7,b7 the geographic region of each complaint2 and 7,c7 the resolution of each complaint1 if appropriate4 7#c7 ,written consent ,the quarterly report may identify a complainant that submitted an informal complaint only upon the written consent of the complainant4 7#d7 ,website posting ,each quarterly report shall be posted on the ,board's public website4 4 7b7 ,conforming amendment ,the table of contents for chapter #g is amended by striking the item relating to section #gjd and inserting the following3 #gjd4 ,reports4 4 #ac4 ,quarterly reports ,not later than #fj days after the date of enactment of this ,act1 the ,surface ,transportation ,board shall begin providing quarterly reports to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives on the ,surface ,transportation ,board's progress toward addressing the issues raised in each unfinished regulatory proceeding1 regardless of whether the proceeding is subject to a statutory or regulatory deadline4 #ad4 ,sense of ,congress ,it is the sense of ,congress that-- 7#a7 as part of ,docket ,no4 ,,ep #gbb1 the ,surface ,transportation ,board should consider the costs and benefits of the annual determinations of revenue adequacy for ,class ,i railroads2 7#b7 the ,surface ,transportation ,board should review the methodology employed to define the business cycle in its annual determination of revenue adequacy and consider undertaking1 if necessary1 a rulemaking to define the business cycle2 7#c7 as part of ,docket ,no4 ,,ep #gaa1 the ,surface ,transportation ,board should consider if a rulemaking proceeding on mandatory competitive switching is needed to ensure a viable competitive national rail system2 and 7#d7 if the ,surface ,transportation ,board determines a rulemaking proceeding on mandatory competitive switching is needed1 the ,surface ,transportation ,board should ensure that such rulemaking is completed in as timely a manner as possible4 #ae4 ,authorization of appropriations ,section #gje is amended by striking paragraphs 7#a7 through 7#c7 and inserting the following3 7#a7 #cc1jjj1jjj for fiscal year #bjae2 7#b7 #ce1jjj1jjj for fiscal year #bjaf2 7#c7 #ce1ejj1jjj for fiscal year #bjag2 7#d7 #ce1ejj1jjj for fiscal year #bjah2 and 7#e7 #cf1jjj1jjj for fiscal year #bjai4 4 #af4 ,repeal of expired and obsolete provisions 7a7 ,expired rail service contract limitation ,section #ajgji is amended by striking subsection 7h74 7b7 ,agent in the ,district of ,columbia 7#a7 ,designation of agent and service of notice ,section #gb is amended-- 7,a7 in subsection 7a71 by striking in the ,district of ,columbia12 and 7,b7 in subsection 7c71 by striking in the ,district of ,columbia4 7#b7 ,service of process in court proceedings ,section #gbd7;a7 is amended by striking in the ,district of ,columbia each place it appears4 #ag4 ,construction ,nothing in this ,act shall be construed to affect any suit commenced by or against the ,surface ,transportation ,board1 or any proceeding or challenge pending before the ,surface ,transportation ,board1 prior to the date of enactment of this ,act4 #a4 ,short title ,this ,act may be cited as the ,surface ,transportation ,board ,reauthorization ,act of #bjad4 #b4 ,references to title #di1 ,united ,states ,code ,except as otherwise expressly provided1 wherever in this ,act an amendment or repeal is expressed in terms of an amendment to1 or repeal of1 a section or other provision1 the reference shall be considered to be made to a section or other provision of title #di1 ,united ,states ,code4 #c4 ,establishment of ,surface ,transportation ,board as an independent establishment 7a7 ,in general ,section #gja7;a7 is amended to read as follows3 7a7 ,establishment ,the ,surface ,transportation ,board is an independent establishment of the ,united ,states ,government4 4 7b7 ,conforming amendments 7#a7 ,administrative provisions ,section #gjc is amended-- 7,a7 by striking subsections 7a71 7c71 7f71 and 7g72 7,b7 by redesignating subsections 7b71 7d71 and 7e7 as subsections 7a71 7b71 and 7c71 respectively2 and 7,c7 by adding at the end the following3 7d7 ,submissions and transmittals ,whenever the ,board submits or transmits any budget estimate1 budget request1 supplemental budget estimate1 or other budget information1 legislative recommendation1 prepared testimony for a congressional hearing1 or comment on legislation to the ,president or to the ,office of ,management and ,budget1 it shall concurrently transmit a copy thereof to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives4 ,no officer or agency of the ,united ,states shall have any authority to require the ,board to submit its budget estimates or requests1 legislative recommendations1 prepared testimony for congressional hearings1 or comments on legislation to any officer or agency of the ,united ,states for approval1 comments1 or review1 prior to the submission of the recommendations1 testimony1 or comments to ,congress4 4 7#b7 ,administrative support 7,a7 ,repealer ,section #gbe is repealed4 7,b7 ,conforming amendment ,the table of contents for chapter #g is amended by striking the item relating to section #gbe4 7c7 ,department of ,transportation ,inspector ,general authority 7#a7 ,in general ,subchapter ,,ii of chapter #g is amended-- 7,a7 by redesignating section #gbg as section #gbh2 and 7,b7 by inserting after section #gbf the following3 #gbg4 ,authority of the ,inspector ,general 7a7 ,in general ,the ,inspector ,general of the ,department of ,transportation1 in accordance with the mission of the ,inspector ,general to prevent and detect fraud and abuse1 shall have authority to review only the financial management1 property management1 and business operations of the ,surface ,transportation ,board1 including internal accounting and administrative control systems1 to determine compliance with applicable ,federal laws1 rules1 and regulations4 7b7 ,duties ,in carrying out this section1 the ,inspector ,general shall-- 7#a7 keep the ,chairman of the ,board and the ,committee on ,commerce1 ,science1 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 ,board2 7#b7 issue findings and recommendations for actions to address such problems2 and 7#c7 report periodically to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives on any progress made in implementing actions to address such problems4 7c7 ,access to information ,in carrying out this section1 the ,inspector ,general may exercise authorities granted to the ,inspector ,general under subsections 7a7 and 7b7 of section #f of the ,inspector ,general ,act of #aigh 7#e ,u4,s4,c4 ,app474 7d7 ,authorization of appropriations 7#a7 ,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 section4 7#b7 ,reimbursable agreement ,in the absence of an appropriation under this subsection for an expense referred to in paragraph 7#a71 the ,inspector ,general and the ,board shall have a reimbursable agreement to cover such expense4 4 7#b7 ,conforming amendment ,the table of contents for subchapter ,,ii of chapter #g is amended-- 7,a7 by redesignating the item relating to section #gbg as relating to section #gbh2 and 7,b7 by inserting after the item relating to section #gbf the following3 #gbg4 ,authority of the ,inspector ,general4 4 #d4 ,surface ,transportation ,board membership 7a7 ,in general ,section #gja7;b7 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 by striking #c members and inserting #e members2 and 7,b7 by striking #b members and inserting #c members2 and 7#b7 by striking paragraph 7#b7 and inserting the following3 7#b7 ,at any given time1 at least #c members of the ,board shall be individuals with professional standing and demonstrated knowledge in the fields of transportation1 transportation regulation1 or economic regulation1 and at least #b members shall be individuals with professional or business experience 7including agriculture or other rail customers7 in the private sector4 4 7b7 ,repeal of holdover limitation ,section #gja7;b77#c7 is amended by striking qualified1 but for a period not to exceed one year and inserting qualified4 7c7 ,repeal of obsolete provision ,section #gja7;b7 is amended-- 7#a7 by striking paragraph 7#d72 7#b7 by redesignating paragraphs 7#e71 7#f71 and 7#g7 as paragraphs 7#d71 7#e71 and 7#f71 respectively2 and 7#c7 in paragraph 7#d71 as redesignated1 by striking ,in the case of an individual who becomes a member of the ,board pursuant to paragraph 7#d71 or an individual and inserting ,in the case of an individual4 #e4 ,nonpublic collaborative discussions ,section #gjc7;a71 as redesignated by section #c of this ,act1 is amended to read as follows3 7a7 ,open meetings 7#a7 ,in general ,the ,board shall be deemed to be an agency for purposes of section #eeb;b of title #e4 7#b7 ,nonpublic collaborative discussions 7,a7 ,in general ,notwithstanding section #eeb;b of title #e1 a majority of the members may hold a meeting that is not open to public observation to discuss official agency business if-- 7i7 no vote or other disposition of official agency business is taken at the meeting2 7ii7 each individual present at the meeting is a member or an employee of the ,board2 and 7iii7 the ,general ,counsel of the ,board is present at the meeting4 7,b7 ,disclosure of nonpublic collaborative discussions ,except as provided under subparagraph 7,c71 not later than #b business days after the conclusion of a meeting under subparagraph 7,a71 the ,board shall make available to the public1 in a place easily accessible to the public-- 7i7 a list of the individuals present at the meeting2 and 7ii7 a summary of the matters discussed at the meeting1 except for any matters the ,board properly determines may be withheld from the public under section #eeb;b7c7 of title #e4 7,c7 ,ongoing proceedings ,if a discussion under subparagraph 7,a7 relates1 directly or indirectly1 to an ongoing proceeding before the ,board1 the ,board shall make the disclosure under subparagraph 7,b7 on the date of the final ,board decision4 7,d7 ,preservation of open meetings requirements for agency action ,nothing in this paragraph shall limit the applicability of section #eeb;b of title #e with respect to a meeting of the members other than that described in this paragraph4 7,e7 ,statutory construction ,nothing in this paragraph-- 7i7 shall limit the applicability of section #eeb;b of title #e with respect to any information which is proposed to be withheld from the public under subparagraph 7,b77ii72 and 7ii7 authorizes the ,board to withhold from any individual any record that is accessible to that individual under section #eeb;a of title #e1 ,united ,states ,code4 4 #f4 ,investigative authority 7a7 ,authority ,to initiate investigations ,section #aagja7;a7 is amended by striking only on complaint and inserting on the ,board's own initiative or on complaint4 7b7 ,rate proceedings ,section #ajgjd7;b7 is amended by striking the first sentence and inserting ,the ,board may begin a proceeding under subsection 7a77#a7 on its own initiative or upon complaint1 except that a proceeding to determine the reasonableness of the level of a rate charged by a carrier may only be initiated upon complaint44 7c7 ,annual report2 investigations ,section #gjd is amended by striking on its activities4 and inserting on its activities1 including each instance in which the ,board has initiated an investigation on its own initiative under this chapter or subtitle ,,iv44 #g4 ,procedures for rate cases 7a7 ,simplified procedure ,section #ajgja7;d77#c7 is amended to read as follows3 7#c7 ,the ,board shall maintain a simplified and expedited method for determining the reasonableness of challenged rates in those cases in which a full stand-alone cost presentation is too costly1 given the value of the case4 4 7b7 ,expedited handling ,section #ajgjd7;d7 is amended by striking the first sentence and inserting ,the ,board shall maintain procedures to ensure expeditious handling of challenges to the reasonableness of railroad rates44 #h4 ,rate review timelines ,section #ajgjd7;d71 as amended by section #g of this ,act1 is further amended-- 7#a7 by striking 7d7 ,the and inserting 7d77#a7 ,the2 and 7#b7 by adding at the end the following3 7#b7 7,a7 ,except as provided under subparagraph 7,b71 in a stand-alone cost rate challenge1 the ,board shall comply with the following timeline3 7i7 ,for discovery1 completion not later than #aej days after the date that the challenge is initiated4 7ii7 ,for development of the evidentiary record1 completion not later than #aee days after the date that discovery is complete under clause 7i74 7iii7 ,for submission of a closing brief1 submission not later than #fj days after the date that development of the evidentiary record is complete under clause 7ii74 7iv7 ,for a final ,board decision1 issuance not later than #ahj days after the date that the evidentiary record is complete under clause 7ii74 7,b7 ,the ,board may extend a timeline under subparagraph 7,a7 after a request from any party or in the interest of due process4 4 #i4 ,effect of rate bundling ,not later than #ahj days after the date of enactment of this ,act1 the ,surface ,transportation ,board shall initiate an ex parte proceeding on whether contract proposals for multiple origin-to-destination movements have adversely impacted the intent of ,congress that the ,surface ,transportation ,board's rate challenge procedures remain available to shippers that are subject to railroad market dominance1 and how the ,board can prevent such practices in the future4 #aj4 ,report on rate case methodology ,not later than #a year after the date of enactment of this ,act1 the ,surface ,transportation ,board shall report to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives on-- 7#a7 whether current large rate case methodologies are sufficient1 not unduly complex1 and cost effective2 and 7#b7 alternative methodologies that could streamline and expedite large rate cases4 #aa4 ,arbitration of certain rail rates1 practices1 and common carrier service expectation disputes 7a7 ,in general ,chapter #aag is amended by adding at the end the following3 #aagjh4 ,voluntary arbitration of certain rail rates1 practices1 and common carrier service disputes 7a7 ,in general ,not later than #a year after the date of enactment of the ,surface ,transportation ,board ,reauthorization ,act of #bjad1 the ,board shall promulgate regulations to establish a voluntary1 but binding1 arbitration process to resolve rail rate1 practice1 and common carrier service expectation complaints subject to the jurisdiction of the ,board4 7b7 ,covered disputes ,the binding arbitration process-- 7#a7 shall apply to disputes involving rates1 demurrage1 accessorial charges1 misrouting or mishandling of rail cars1 and disputes involving a carrier's published rules and practices as applied to particular rail transportation2 7#b7 shall not apply to-- 7,a7 disputes to obtain the grant1 denial1 stay1 or revocation of any license1 authorization1 or exemption1 or to prescribe for the future any conduct1 rules1 or results of general1 industry-wide applicability1 or to enforce a labor protective condition2 and 7,b7 disputes solely between #b or more rail carriers2 and 7#c7 shall not prevent parties from independently seeking or utilizing private arbitration services to resolve any disputes they may have4 7c7 ,arbitration procedures 7#a7 ,in general ,the ,board-- 7,a7 may make the voluntary1 but binding1 arbitration process available only to the relevant parties-- 7i7 after the filing of a formal complaint2 7ii7 upon petition by all parties at the conclusion of any informal dispute resolution process provided by the ,board for a complaint subject to this section2 or 7iii7 through current or future procedures adopted by the ,board to facilitate voluntary1 but binding1 arbitration2 7,b7 with respect to rate disputes1 may make the binding arbitration process available only to the relevant parties if the rail carrier has market dominance1 as determined under section #ajgjg of this title2 and 7,c7 shall determine whether to pursue the binding arbitration process not later than #cj days after the date that a petition or formal complaint is filed4 7#b7 ,limitation ,initiation of the binding arbitration process shall preclude the ,board from separately reviewing a complaint or dispute related to the same rail rate1 practice1 or common carrier service expectation in a covered dispute involving the same parties4 7#c7 ,rates ,in resolving a covered dispute involving the reasonableness of a rail carrier's rates1 the arbitrator or panel of arbitrators1 as applicable1 shall consider the ,board's methodologies for setting maximum lawful rates1 giving due consideration to the need for differential pricing to permit a rail carrier to collect adequate revenues within the meaning of section #ajgjd7;a77#b74 7#d7 ,service expectations ,in resolving a dispute involving common carrier service expectations1 the arbitrator or panel of arbitrators1 as applicable1 shall consider the rates and service terms1 and any changes thereto1 as published or otherwise made available under subsection 7b71 7c71 or 7d7 of section #aaaja4 7d7 ,arbitration decisions ,any decision reached in an arbitration process under this section-- 7#a7 shall-- 7,a7 be in writing2 7,b7 contain findings of fact and conclusions2 and 7,c7 be binding upon the parties2 and 7#b7 shall not have any precedential effect in any other or subsequent arbitration dispute4 7e7 ,timelines 7#a7 ,selection ,an arbitrator or panel of arbitrators shall be selected not later than #ad days after the date of the ,board's decision to initiate arbitration4 7#b7 ,evidentiary process ,the evidentiary process of the binding arbitration process shall be completed not later than #ij days after the date that the arbitration process is initiated1 unless a party requests an extension and the arbitrator or panel of arbitrators1 as applicable1 grants it4 7#c7 ,decision ,the arbitrator or panel of arbitrators1 as applicable1 shall issue a decision not later than #cj days after the date that the evidentiary record is closed4 7#d7 ,extensions ,the ,board may extend any of the timelines in this subsection upon the agreement of all parties in the dispute4 7f7 ,arbitrators 7#a7 ,in general ,unless otherwise agreed by all of the parties1 an arbitration under this section shall be conducted by a panel of arbitrators1 selected from a roster1 maintained by the ,board1 of persons with rail transportation1 economic regulation1 professional or business experience1 including agriculture1 in the private sector4 7#b7 ,selection 7,a7 ,in general ,if the parties cannot mutually agree on an arbitrator1 or the lead arbitrator of a panel of arbitrators1 the parties shall select the arbitrator or lead arbitrator from the roster by alternately striking names from the roster until only #a name remains4 7,b7 ,panel of arbitrators ,for purposes of this section1 a panel of arbitrators shall be selected as follows3 7i7 ,the parties to a dispute may mutually select #a arbitrator from the roster to serve as the lead arbitrator of the panel of arbitrators4 7ii7 ,if the parties cannot mutually agree on a lead arbitrator1 the parties shall select a lead arbitrator using the process described in subparagraph 7,a74 7iii7 ,in addition to the lead arbitrator selected under this subparagraph1 each party to a dispute shall select #a additional arbitrator from the roster4 7#c7 ,cost ,the parties shall share the costs of the arbitration equally4 7g7 ,relief ,an arbitral decision under this section may award the payment of damages or rate prescriptive relief1 but the value of the award shall be limited as follows3 7#a7 ,for common carrier service and practice disputes1 the damage award may not exceed #b1jjj1jjj4 7#b7 ,for rate disputes1 the damage award1 including any rate prescription1 may not exceed #be1jjj1jjj1 and any rate prescription shall be limited to not longer than #e years from the date of the arbitral decision4 7h7 ,board review ,if a party appeals a decision under this section to the ,board1 the ,board may review the decision under this section to determine if-- 7#a7 a clear abuse of arbitral authority or discretion occurred2 7#b7 the decision directly contravenes statutory authority2 or 7#c7 the award limitation under subsection 7g7 was violated4 4 7b7 ,conforming amendment ,the table of contents for chapter #aag is amended by adding at the end the following3 #aagjh4 ,voluntary arbitration of certain rail rate1 practice1 and common carrier service disputes4 4 #ab4 ,compilation of complaints at ,surface ,transportation ,board 7a7 ,in general ,section #gjd1 as amended by section #f of this ,act1 is further amended-- 7#a7 by striking the section heading and inserting the following3 #gjd4 ,reports 2 7#b7 by inserting 7a7 ,annual report4-- before ,the ,board and indenting appropriately2 and 7#c7 by adding at the end the following3 7b7 ,complaints 7#a7 ,in general ,the ,board shall establish and maintain a database of complaints received by the ,board4 7#b7 ,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-- 7,a7 a list of the type of each complaint2 7,b7 the geographic region of each complaint2 and 7,c7 the resolution of each complaint1 if appropriate4 7#c7 ,written consent ,the quarterly report may identify a complainant that submitted an informal complaint only upon the written consent of the complainant4 7#d7 ,website posting ,each quarterly report shall be posted on the ,board's public website4 4 7b7 ,conforming amendment ,the table of contents for chapter #g is amended by striking the item relating to section #gjd and inserting the following3 #gjd4 ,reports4 4 #ac4 ,quarterly reports ,not later than #fj days after the date of enactment of this ,act1 the ,surface ,transportation ,board shall begin providing quarterly reports to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives on the ,surface ,transportation ,board's progress toward addressing the issues raised in each unfinished regulatory proceeding1 regardless of whether the proceeding is subject to a statutory or regulatory deadline4 #ad4 ,sense of ,congress ,it is the sense of ,congress that-- 7#a7 as part of ,docket ,no4 ,,ep #gbb1 the ,surface ,transportation ,board should consider the costs and benefits of the annual determinations of revenue adequacy for ,class ,i railroads2 7#b7 the ,surface ,transportation ,board should review the methodology employed to define the business cycle in its annual determination of revenue adequacy and consider undertaking1 if necessary1 a rulemaking to define the business cycle2 7#c7 as part of ,docket ,no4 ,,ep #gaa1 the ,surface ,transportation ,board should consider if a rulemaking proceeding on competitive switching is needed to promote a viable competitive national rail system2 and 7#d7 if the ,surface ,transportation ,board determines a rulemaking proceeding on competitive switching is needed1 the ,surface ,transportation ,board should ensure that such rulemaking is completed in as timely a manner as possible4 #ae4 ,authorization of appropriations ,section #gje is amended by striking paragraphs 7#a7 through 7#c7 and inserting the following3 7#a7 #cc1jjj1jjj for fiscal year #bjae2 7#b7 #ce1jjj1jjj for fiscal year #bjaf2 7#c7 #ce1ejj1jjj for fiscal year #bjag2 7#d7 #ce1ejj1jjj for fiscal year #bjah2 and 7#e7 #cf1jjj1jjj for fiscal year #bjai4 4 #af4 ,repeal of expired and obsolete provisions 7a7 ,expired rail service contract limitation ,section #ajgji is amended by striking subsection 7h74 7b7 ,agent in the ,district of ,columbia 7#a7 ,designation of agent and service of notice ,section #gbc is amended-- 7,a7 in subsection 7a71 by striking in the ,district of ,columbia12 and 7,b7 in subsection 7c71 by striking in the ,district of ,columbia4 7#b7 ,service of process in court proceedings ,section #gbd7;a7 is amended by striking in the ,district of ,columbia each place it appears4 #ag4 ,construction ,nothing in this ,act shall be construed to affect any suit commenced by or against the ,surface ,transportation ,board1 or any proceeding or challenge pending before the ,surface ,transportation ,board1 prior to the date of enactment of this ,act4 ,december #h1 #bjad,reported with an amendment