#aadth ,,congress #ast ,session ,s4 #hjh ,,an ,,act ,to establish the ,surface ,transportation ,board as an independent establishment1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,surface ,transportation ,board ,reauthorization ,act of #bjae4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,sec4 #b4 ,references to title #di1 ,united ,states ,code4,sec4 #c4 ,establishment of ,surface ,transportation ,board as an independent establishment4,sec4 #d4 ,surface ,transportation ,board membership4,sec4 #e4 ,nonpublic collaborative discussions4,sec4 #f4 ,reports4,sec4 #g4 ,authorization of appropriations4,sec4 #h4 ,agent in the ,district of ,columbia4,sec4 #i4 ,department of ,transportation ,inspector ,general authority4,sec4 #aj4 ,amendment to table of sections4,sec4 #aa4 ,procedures for rate cases4,sec4 #ab4 ,investigative authority4,sec4 #ac4 ,arbitration of certain rail rates and practices disputes4,sec4 #ad4 ,effect of proposals for rates from multiple origins and destinations4,sec4 #ae4 ,reports4,sec4 #af4 ,criteria4,sec4 #ag4 ,construction4 #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 ,redesignation of chapter #g of title #di1 ,united ,states ,code ,title #di is amended-- 7#a7 by moving chapter #g after chapter #aa in subtitle ,,ii2 7#b7 by redesignating chapter #g as chapter #ac2 7#c7 by redesignating sections #gja through #gjf as sections #acja through #acjf1 respectively2 7#d7 by striking sections #gbe and #gbg2 7#e7 by redesignating sections #gba through #gbd as sections #acba through #acbd1 respectively2 and 7#f7 by redesignating section #gbf as section #acbe4 7b7 ,independent establishment ,section #acja1 as redesignated by subsection 7a77#c71 is amended by striking subsection 7a7 and inserting the following3 7a7 ,establishment ,the ,surface ,transportation ,board is an independent establishment of the ,united ,states ,government4 4 7c7 ,conforming amendments 7#a7 ,administrative provisions ,section #acjc1 as redesignated by subsection 7a77#c71 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 ,submission of certain documents to ,congress 7#a7 ,in general ,if the ,board submits 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 the ,board shall concurrently submit a copy of such document to-- 7,a7 the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate2 and 7,b7 the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives4 7#b7 ,no approval required ,no officer or agency of the ,united ,states has any authority to require the ,board to submit 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 review before submitting such recommendations1 testimony1 or comments to ,congress4 4 #d4 ,surface ,transportation ,board membership 7a7 ,in general ,section #acja7;b71 as redesignated by subsection #c7;a71 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 all times-- 7,a7 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 regulation2 and 7,b7 at least #b members shall be individuals with professional or business experience 7including agriculture7 in the private sector4 4 7b7 ,repeal of obsolete provision ,section #acja7;b71 as amended by this section1 is further 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 who becomes a member of the ,board pursuant to paragraph 7#d71 or an individual4 #e4 ,nonpublic collaborative discussions ,section #acjc7;a71 as redesignated by subsections 7a7 and 7c7 of section #c1 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 formal or informal vote or other official agency action 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 ,summary ,if the ,board properly determines matters may be withheld from the public under section #eee;b7c7 of title #e1 the ,board shall provide a summary with as much general information as possible on those matters withheld from the public4 7,d7 ,ongoing proceedings ,if a discussion under subparagraph 7,a7 directly relates 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,e7 ,preservation of open meetings requirements for agency action ,nothing in this paragraph may be construed to 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,f7 ,statutory construction ,nothing in this paragraph may be construed-- 7i7 to 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 or 7ii7 to authorize 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 ,reports 7a7 ,reports ,section #acjd1 as amended by section #c1 is further amended-- 7#a7 by striking the section heading and inserting the following3 #acjd4 ,reports 2 7#b7 by inserting 7a7 ,annual report4-- before ,the ,board2 7#c7 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 ,,iv42 and 7#d7 by adding at the end the following3 7b7 ,rate case review metrics 7#a7 ,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-- 7,a7 summary information of the case1 including the docket number1 case name1 commodity or commodities involved1 and rate review guideline or guidelines used2 7,b7 the date on which the rate review proceeding began2 7,c7 the date for the completion of discovery2 7,d7 the date for the completion of the evidentiary record2 7,e7 the date for the submission of closing briefs2 7,f7 the date on which the ,board issued the final decision2 and 7,g7 a brief summary of the final decision2 7#b7 ,website posting ,each quarterly report shall be posted on the ,board's public website4 4 7b7 ,compilation of complaints at ,surface ,transportation ,board 7#a7 ,in general ,section #acjd1 as amended by subsection 7a71 is further amended by adding at the end the following3 7c7 ,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 the date on which the complaint was received by the ,board2 7,b7 a list of the type of each complaint2 7,c7 the geographic region of each complaint2 and 7,d7 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 #g4 ,authorization of appropriations ,section #acje1 as redesignated by section #c1 is amended by striking paragraphs 7#a7 through 7#c7 and inserting the following3 7#a7 #cc1jjj1jjj for fiscal year #bjaf2 7#b7 #ce1jjj1jjj for fiscal year #bjag2 7#c7 #ce1ejj1jjj for fiscal year #bjah2 7#d7 #ce1ejj1jjj for fiscal year #bjai2 and 7#e7 #cf1jjj1jjj for fiscal year #bjbj4 4 #h4 ,agent in the ,district of ,columbia 7a7 ,designation of agent and service of notice ,section #acbc1 as redesignated by section #c7;a71 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 7b7 ,service of process in court proceedings ,section #acbd7;a71 as redesignated by section #c7;a71 is amended by striking in the ,district of ,columbia each place such phrase appears4 #i4 ,department of ,transportation ,inspector ,general authority ,subchapter ,,ii of chapter #ac1 as redesignated by section #c7;a77#b71 is amended by inserting after section #acbe1 as redesignated by section #c7;a77#f71 the following3 #acbf4 ,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 the ,board's 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 ,board1 the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate1 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 the problems referred to in paragraph 7#a72 and 7#c7 submit periodic reports to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate1 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 7#a74 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 reimbursement agreement to cover such expense4 4 #aj4 ,amendment to table of sections ,the table of sections for chapter #ac1 as redesignated by section #c7;a71 is amended to read as follows3 #ac ,surface transportation board ,i--,e,s,t,a,b,l,i,s,h,m,e,n,t,sec4#acja 4 ,establishment of ,board#acjb4 ,functions4#acjc4 ,administrative provisions4#acjd4 ,reports4#acje4 ,authorization of appropriations4#acjf4 ,reporting official action4,,ii--,,administrative#acba4 ,powers4#acbb4 ,board action4#acbc4 ,service of notice in ,board proceedings4#acbd4 ,service of process in court proceedings4#acbe4 ,railroad-,shipper ,transportation ,advisory ,council4#acbf4 ,authority of the ,inspector ,general4 4 #aa4 ,procedures for rate cases 7a7 ,simplified procedure ,section #ajgja7;d77#c7 is amended to read as follows3 7#c7 ,the ,board shall maintain #a 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 costly1 given the value of the case4 4 7b7 ,expedited handling2 rate review timelines ,section #ajgjd7;d7 is amended-- 7#a7 by striking 7d7 ,within #i months and all that follows through railroad rates4 and inserting the following3 7d7 7#a7 ,the ,board shall maintain procedures to ensure the expeditious handling of challenges to the reasonableness of railroad rates4 2 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 ,discovery shall be completed not later than #aej days after the date on which the challenge is initiated4 7ii7 ,the development of the evidentiary record shall be completed not later than #aee days after the date on which discovery is completed under clause 7i74 7iii7 ,the closing brief shall be submitted not later than #fj days after the date on which the development of the evidentiary record is completed under clause 7ii74 7iv7 ,a final ,board decision shall be issued not later than #ahj days after the date on which the evidentiary record is completed 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 7c7 ,procedures ,not later than #ahj days after the date of the enactment of this ,act1 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 cases4 7d7 ,expired rail service contract limitation ,section #ajgji is amended by striking subsection 7h74 #ab4 ,investigative authority 7a7 ,authority ,to initiate investigations ,section #aagja7;a7 is amended-- 7#a7 by striking only on complaint and inserting on the ,board's own initiative or upon receiving a complaint pursuant to subsection 7b72 and 7#b7 by adding at the end the following3 ,if the ,board finds a violation of this part in a proceeding brought on its own initiative1 any remedy from such proceeding may only be applied prospectively44 7b7 ,limitations on investigations of the ,board's initiative ,section #aagja1 as amended by subsection 7a71 is further amended by adding at the end the following3 7d7 ,in any investigation commenced on the ,board's own initiative1 the ,board shall-- 7#a7 not later than #cj days after initiating the investigation1 provide written notice to the parties under investigation1 which shall state the basis for such investigation2 7#b7 only investigate issues that are of national or regional significance2 7#c7 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 investigation2 7#d7 make available to the parties under investigation and ,board members-- 7,a7 any recommendations made as a result of the investigation2 and 7,b7 a summary of the findings that support such recommendations2 7#e7 to the extent practicable1 separate the investigative and decisionmaking functions of staff2 7#f7 dismiss any investigation that is not concluded by the ,board with administrative finality within #a year after the date on which it was commenced2 and 7#g7 not later than #ij days after receiving the recommendations and summary of findings under paragraph 7#d7-- 7,a7 dismiss the investigation if no further action is warranted2 or 7,b7 initiate a proceeding to determine if a provision under this part has been violated4 7e7 7#a7 ,any parties to an investigation against whom a violation is found as a result of an investigation begun on the ,board's own initiative may1 not later than #fj days after the date of the order of the ,board finding such a violation1 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 #g of title #e4 7#b7 ,the court-- 7,a7 shall have jurisdiction to enter a judgment affirming1 modifying1 or setting aside1 in whole or in part1 the order of the ,board2 and 7,b7 may remand the proceeding to the ,board for such further action as the court may direct4 4 7c7 ,rulemakings for investigations of the ,board's initiative ,not later than #a year after the date of the enactment of this ,act1 the ,board shall issue rules1 after notice and comment rulemaking1 for investigations commenced on its own initiative that-- 7#a7 comply with the requirements of section #aagja7;d7 of title #di1 ,united ,states ,code1 as added by subsection 7b72 7#b7 satisfy due process requirements2 and 7#c7 take into account ex parte constraints4 #ac4 ,arbitration of certain rail rates and practices disputes 7a7 ,in general ,chapter #aag is amended by adding at the end the following3 #aagjh4 ,voluntary arbitration of certain rail rates and practices disputes 7a7 ,in general ,not later than #a year after the date of the enactment of the ,surface ,transportation ,board ,reauthorization ,act of #bjae1 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 ,board4 7b7 ,covered disputes ,the voluntary and binding arbitration process established pursuant to subsection 7a7-- 7#a7 shall apply to disputes involving-- 7,a7 rates1 demurrage1 accessorial charges1 misrouting1 or mishandling of rail cars2 or 7,b7 a carrier's published rules and practices as applied to particular rail transportation2 7#b7 shall not apply to disputes-- 7,a7 to obtain the grant1 denial1 stay1 or revocation of any license1 authorization1 or exemption2 7,b7 to prescribe for the future any conduct1 rules1 or results of general1 industry-wide applicability2 7,c7 to enforce a labor protective condition2 or 7,d7 that are 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 the parties may have4 7c7 ,arbitration procedures 7#a7 ,in general ,the ,board-- 7,a7 may make the voluntary and binding arbitration process established pursuant to subsection 7a7 available only to the relevant parties2 7,b7 may make the voluntary and binding arbitration process available only-- 7i7 after receiving the written consent to arbitrate from all relevant parties2 and 7ii7 7,i7 after the filing of a written complaint2 or 7,,ii7 through other procedures adopted by the ,board in a rulemaking proceeding2 7,c7 with respect to rate disputes1 may make the voluntary and binding arbitration process available only to the relevant parties if the rail carrier has market dominance 7as determined under section #ajgjg72 and 7,d7 may initiate the voluntary and binding arbitration process not later than #dj days after the date on which a written complaint is filed or through other procedures adopted by the ,board in a rulemaking proceeding4 7#b7 ,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 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 7as determined under section #ajgjd7;a77#b774 7d7 ,arbitration decisions ,any decision reached in an arbitration process under this section-- 7#a7 shall be consistent with sound principles of rail regulation economics2 7#b7 shall be in writing2 7#c7 shall contain findings of fact and conclusions2 7#d7 shall be binding upon the parties2 and 7#e7 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 voluntary and binding arbitration process shall be completed not later than #ij days after the date on which the arbitration process is initiated unless-- 7,a7 a party requests an extension2 and 7,b7 the arbitrator or panel of arbitrators1 as applicable1 grants such extension request4 7#c7 ,decision ,the arbitrator or panel of arbitrators1 as applicable1 shall issue a decision not later than #cj days after the date on which the evidentiary record is closed4 7#d7 ,extensions ,the ,board may extend any of the timelines under 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 an arbitrator or panel of arbitrators1 which shall be 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 ,independence ,in an arbitration under this section1 the arbitrators shall perform their duties with diligence1 good faith1 and in a manner consistent with the requirements of impartiality and independence4 7#c7 ,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 remains meeting the criteria set forth in paragraph 7#a74 7,b7 ,panel of arbitrators ,if the parties agree to select a panel of arbitrators1 instead of a single arbitrator1 the panel shall be selected under this subsection 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 roster1 regardless of whether the other party struck out the arbitrator's name under subparagraph 7,a74 7#d7 ,cost ,the parties shall share the costs incurred by the ,board and arbitrators equally1 with each party responsible for paying its own legal and other associated arbitration costs4 7g7 ,relief 7#a7 ,in general ,subject to the limitations set forth in paragraphs 7#b7 and 7#c71 an arbitral decision under this section may award the payment of damages or rate prescriptive relief4 7#b7 ,practice disputes ,the damage award for practice disputes may not exceed #b1jjj1jjj4 7#c7 ,rate disputes 7,a7 ,monetary limit ,the damage award for rate disputes1 including any rate prescription1 may not exceed #be1jjj1jjj4 7,b7 ,time limit ,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 sound principles of rail regulation economics2 7#b7 a clear abuse of arbitral authority or discretion occurred2 7#c7 the decision directly contravenes statutory authority2 or 7#d7 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 rates and practice disputes4 4 #ad4 ,effect of proposals for rates from multiple origins and destinations 7a7 ,in general ,not later than #ij days after the date of the enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall commence a study of rail transportation contract proposals containing multiple origin-to-destination movements4 7b7 ,report ,not later than #a year after commencing the study required under subsection 7a71 the ,comptroller ,general shall submit a report containing the results of the study to-- 7#a7 the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate2 and 7#b7 the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives4 #ae4 ,reports 7a7 ,report on rate case methodology ,not later than #a year after the date of the enactment of this ,act1 the ,surface ,transportation ,board shall submit a report to the congressional committees referred to in section #ad7;b7 that-- 7#a7 indicates whether current large rate case methodologies are sufficient1 not unduly complex1 and cost effective2 7#b7 indicates whether alternative methodologies exist1 or could be developed1 to streamline1 expedite1 and address the complexity of large rate cases2 and 7#c7 only includes alternative methodologies1 which exist or could be developed1 that are consistent with sound economic principles4 7b7 ,quarterly reports ,beginning not later than #fj days after the date of the enactment of this ,act1 the ,surface ,transportation ,board shall submit quarterly reports to the congressional committees referred to in section #ad7;b7 that describes 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 #af4 ,criteria ,section #ajgjd7;a77#b7 is amended by inserting for the infrastructure and investment needed to meet the present and future demand for rail services and after management14 #ag4 ,construction ,nothing in this ,act may 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 before the date of the enactment of this ,act4 ,passed the ,senate ,june #ah1 #bjae4 ,secretary