[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 919 Introduced in Senate (IS)]






108th CONGRESS
  1st Session
                                 S. 919

To amend title 49, United States Code, to enhance competition among and 
  between rail carriers in order to ensure efficient rail service and 
             reasonable rail rates, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 11, 2003

Mr. Burns (for himself, Mr. Rockefeller, Mr. Dorgan, Mr. Craig, Mr. 
        Baucus, Mr. Coleman, and Mr. Johnson) introduced the following 
        bill; which was read twice and referred to the Committee on 
        Commerce, Science and TransportationYYYYYYYYYYYYYYYYYYYYYYYYYYY

_______________________________________________________________________

                                 A BILL


 
To amend title 49, United States Code, to enhance competition among and 
  between rail carriers in order to ensure efficient rail service and 
             reasonable rail rates, 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; AMENDMENT OF TITLE 49, UNITED STATES CODE.

    (a) Short Title.--This Act may be cited as the ``Railroad 
Competition Act of 2003''.
    (b) Amendment of Title 49, United States Code.--Except as otherwise 
expressly provided, whenever in this Act an amendment or repeal is 
expressed in terms of an amendment to, or a 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. 2. CLARIFICATION OF RAIL TRANSPORTATION POLICY.

    Section 10101 is amended--
            (1) by inserting ``(a) In General.--'' before ``In 
        regulating''; and
            (2) by adding at the end the following:
    ``(b) Primary Objectives.--The primary objectives of the rail 
transportation policy of the United States are as follows:
            ``(1) To promote effective competition among rail carriers 
        at origins and destinations.
            ``(2) To maintain reasonable rates in the absence of 
        effective competition.
            ``(3) To maintain consistent and efficient rail 
        transportation service for shippers, including the timely 
        provision of rail cars requested by shippers.
            ``(4) To ensure that smaller carload and intermodal 
        shippers are not precluded from accessing rail systems due to 
        volume requirements.''.

SEC. 3. ARBITRATION OF CERTAIN RAIL RATE, SERVICE, AND OTHER DISPUTES.

    (a) In General.--
            (1) Authority.--Chapter 117 of title 49 is amended by 
        adding the following section after section 11707:
``Sec. 11708. Arbitration of certain rail rate, service, and other 
              disputes
    ``(a) Election of Arbitration.--A dispute described in subsection 
(b) shall be submitted for resolution by arbitration upon the election 
of any party to the dispute that is not a rail carrier.
    ``(b) Covered Disputes.--(1) Except as provided in paragraph (2), 
subsection (a) applies to any dispute between a party described in 
subsection (a) and a rail carrier that--
            ``(A) arises under section 10701(c), 10701(d), 10702, 
        10704(a)(1), 10707, 10741, 10745, 10746, 11101(a), 11102, 
        11121, 11122, or 11706 of this title; and
            ``(B) involves--
                    ``(i) the payment of money;
                    ``(ii) a rate or charge imposed by the rail 
                carrier; or
                    ``(iii) transportation or other service by the rail 
                carrier.
    ``(2) Subsection (a) does not apply to a dispute if the resolution 
of the dispute would necessarily involve the promulgation of 
regulations generally applicable to all rail carriers.
    ``(c) Arbitration Procedures.--The Secretary of Transportation 
shall prescribe in regulations the procedures for the resolution of 
disputes submitted for arbitration under subsection (a). The 
regulations shall include the following:
            ``(1) Procedures, including time limits, for the selection 
        of an arbitrator or panel of arbitrators for a dispute from 
        among arbitrators listed on the roster of arbitrators 
        established and maintained by the Secretary under subsection 
        (d)(1).
            ``(2) Policies, requirements, and procedures for the 
        compensation of each arbitrator for a dispute to be paid by the 
        parties to the dispute.
            ``(3) Procedures for expedited arbitration of a dispute, 
        including procedures for discovery authorized in the exercise 
        of discretion by the arbitrator or panel of arbitrators.
    ``(d) Selection of Arbitrators.--(1) The Secretary of 
Transportation shall establish, maintain, and revise as necessary a 
roster of arbitrators who--
            ``(A) are experienced in transportation or economic issues 
        within the jurisdiction of the Board or issues similar to those 
        issues;
            ``(B) satisfy requirements for neutrality and other 
        qualification requirements prescribed by the Secretary;
            ``(C) consent to serve as arbitrators under this section; 
        and
            ``(D) are not officers or employees of the United States.
    ``(2) For a dispute involving an amount not in excess of 
$1,000,000, the regulations under subsection (c) shall provide for 
arbitration by a single arbitrator who--
            ``(A) is selected by the parties to the dispute; or
            ``(B) if the parties cannot agree, is selected by the 
        Secretary from among the arbitrators listed on the roster of 
        arbitrators under paragraph (1).
    ``(3)(A) For a dispute involving an amount in excess of $1,000,000, 
the regulations under subsection (c) shall provide for arbitration by a 
panel of three arbitrators selected as follows:
            ``(i) One arbitrator selected by the party electing the 
        arbitration.
            ``(ii) One arbitrator selected by the rail carrier or all 
        of the rail carriers who are parties to the dispute, as the 
        case may be.
            ``(iii) One arbitrator selected by the two arbitrators 
        selected under clauses (i) and (ii).
    ``(B) If a selection of an arbitrator is not made under clause (ii) 
or (iii) of subparagraph (A) within the time limits prescribed in the 
regulations, then the Secretary shall select the arbitrator from among 
the arbitrators listed on the roster of arbitrators under paragraph 
(1).
    ``(e) Disputes Over Rates or Charges.--(1) The requirements of this 
subsection apply to a dispute submitted under this section concerning a 
rate or charge imposed by a rail carrier.
    ``(2)(A) Subject to subparagraph (B), the decision of an arbitrator 
or panel of arbitrators in a dispute on an issue described in paragraph 
(1) shall be the final offer of one of the parties to the dispute.
    ``(B) A decision under subparagraph (A) may not provide for a rate 
for transportation by a rail carrier that would result in a revenue-
variable cost percentage for such transportation that is less than 180 
percent, as determined under standards applied in the administration of 
section 10707(d) of this title.
    ``(3) If the party electing arbitration of a dispute described in 
paragraph (1) seeks compensation for damages incurred by the party as a 
result of a specific rate or charge imposed by a rail carrier for the 
transportation of items for the party and the party alleges an amount 
of damages that does not exceed $500,000 for any year as a result of 
the imposition of the specific rate or charge, the arbitrator, in 
making a decision on the dispute, shall consider the rates or charges, 
respectively, that are imposed by rail carriers for the transportation 
of similar items under similar circumstances in rail transportation 
markets where there is effective competition, as determined under 
standards applied by the Board in the administration of section 
10707(a) of this title.
    ``(f) Time for Issuance of Arbitration Decision.--Notwithstanding 
any other provision of this subtitle limiting the time for the taking 
of an action under this subtitle, the arbitrator or panel of 
arbitrators for a dispute submitted for resolution under this section 
shall issue a final decision on the dispute within the maximum period 
after the date on which the arbitrator or panel is selected to resolve 
the dispute under this section, as follows:
            ``(1) In the case of a dispute involving $1,000,000 or 
        less, 120 days.
            ``(2) In the case of a dispute involving more than 
        $1,000,000, 180 days.
    ``(g) Authorized Relief.--A decision of an arbitrator or panel of 
arbitrators under this section shall grant relief in either or both of 
the following forms:
            ``(1) Monetary damages, to the extent authorized to be 
        provided by the Board in such a dispute under this subtitle.
            ``(2) An order that requires specific performance under any 
        applicable law, including any law limiting rates to reasonable 
        rates, for any period not in excess of two years beginning on 
        the date of the decision.
    ``(h) Judicial Confirmation and Review.--The following provisions 
of title 9 shall apply to an arbitration decision issued in a dispute 
under this section:
            ``(1) Section 9 (relating to confirmation of an award in an 
        arbitration decision), which shall be applied as if the parties 
        had entered into an agreement under title 9 to submit the 
        dispute to the arbitration and had provided in that agreement 
        for a judgment of an unspecified court to be entered on the 
        award made pursuant to the arbitration.
            ``(2) Section 10 (relating to judicial vacation of an award 
        in an arbitration decision).''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of such chapter is amended by inserting after the 
        item relating to section 11707 the following:

``11708. Arbitration of certain rail rate, service, and other 
                            disputes.''.
    (b) Time for Implementing Certain Requirements.--Not later than 180 
days after the date of the enactment of this Act, the Secretary of 
Transportation shall promulgate regulations, prescribe a roster of 
arbitrators, and complete any other action that is necessary for the 
implementation of section 11708 of title 49, United States Code (as 
added by subsection (a)).

SEC. 4. ELIMINATION OF BARRIERS TO COMPETITION BETWEEN CLASS I CARRIERS 
              AND CLASS II AND CLASS III CARRIERS.

    (a) Restriction on Approval or Exemption of Carriers' Activities by 
Surface Transportation Board.--Section 10901 is amended by adding at 
the end the following new subsection:
    ``(e)(1) The Board may not issue under this section a certificate 
authorizing an activity described in subsection (a), or exempt from the 
applicability of this section under section 10502 of this title such an 
activity that involves a transfer of interest in a line of railroad, by 
a Class I rail carrier to a Class II or III rail carrier if the 
activity directly or indirectly would result in--
            ``(A) a restriction of the ability of the Class II or Class 
        III rail carrier to interchange traffic with other carriers; or
            ``(B) a restriction of competition between or among rail 
        carriers in the region affected by the activity in a manner or 
        to an extent that would violate antitrust laws of the United 
        States (notwithstanding any exemption from the applicability of 
        antitrust laws that is provided under section 10706 of this 
        title or any other provision of law).
    ``(2) Any party to an activity referred to in paragraph (1) that 
has been carried out, or any rail shipper affected by such an activity, 
may request the Board to review the activity to determine whether the 
activity has resulted in a restriction described in that paragraph. If, 
upon review of the activity, the Board determines that the activity 
resulted in such a restriction and the restriction has been in effect 
for at least 10 years, the Board shall declare the restriction to be 
unlawful and terminate the restriction unless the Board finds that the 
termination of the restriction would materially impair the ability of 
an affected rail carrier to provide service to the public or would 
otherwise be inconsistent with the public interest.
    ``(3) In this subsection:
            ``(A) The term `antitrust laws' has the meaning given that 
        term in subsection (a) of the first section of the Clayton Act 
        (15 U.S.C. 12(a)), except that such term also means section 5 
        of the Federal Trade Commission Act (15 U.S.C. 45) to the 
        extent that such section 5 applies to unfair methods of 
        competition.
            ``(B) The terms `Class I rail carrier', `Class II rail 
        carrier', and `Class III rail carrier' mean, respectively, a 
        rail carrier classified under regulations of the Board as a 
        Class I rail carrier, Class II rail carrier, and Class III rail 
        carrier.''.
    (b) Applicability to Previously Approved or Exempted Activities.--
Paragraph (2) of section 10901(e) of title 49, United States Code (as 
added by subsection (a)), shall apply with respect to any activity 
referred to in that paragraph for which the Surface Transportation 
Board issued a certificate authorizing the activity under section 10901 
of such title, or exempted the activity from the necessity for such a 
certificate under section 10502 of such title, before, on, or after the 
date of the enactment of this Act.

SEC. 5. COMPETITIVE RAIL SERVICE IN TERMINAL AREAS.

    (a) Use of Terminal Areas.--Section 11102(a) is amended--
            (1) by inserting ``(1)'' after ``(a)'';
            (2) by striking ``may'' in the first sentence and inserting 
        ``shall'';
            (3) by inserting after the first sentence the following: 
        ``In making any finding for the purposes of the preceding 
        sentence, the Board may not require that there be evidence of 
        anticompetitive conduct by a rail carrier from which access is 
        sought.'';
            (4) by striking ``The rail carriers'' at the beginning of 
        the sentence following the sentence inserted by paragraph (3) 
        and inserting the following:
    ``(2) The rail carriers''; and
            (5) by striking ``may establish conditions'' in the 
        penultimate sentence and inserting ``shall establish 
        conditions''.
    (b) Reciprocal Switching.--Section 11102(c) is amended--
            (1) in paragraph (1)--
                    (A) by striking ``may require'' in the first 
                sentence and inserting ``shall require''; and
                    (B) by striking ``may establish'' in the second 
                sentence and inserting ``shall establish''; and
            (2) by adding at the end the following new paragraph:
    ``(3) In making any finding for the purposes of the first sentence 
of paragraph (1), the Board may not require that there be evidence of 
anticompetitive conduct by a rail carrier from which access is 
sought.''.

SEC. 6. REQUIREMENT FOR RATE QUOTES.

    Section 11101(a) is amended--
            (1) by inserting ``(1)'' after ``(a)''; and
            (2) by striking ``A rail carrier'' at the beginning of the 
        second sentence and inserting the following:
    ``(2) Upon the request of a shipper, a rail carrier shall establish 
a rate for transportation and provide service requested by the shipper 
between any two points on the system of that carrier where traffic 
originates, terminates, or may reasonably be interchanged. A carrier 
shall establish a rate and provide service upon such request without 
regard to--
            ``(A) the location of the movement on the rail system, 
        including terminal areas;
            ``(B) whether the rate established is for only part of a 
        movement between a point of origin and a destination;
            ``(C) whether the shipper has made arrangements for 
        transportation for any other part of that movement; or
            ``(D) whether the shipper has a contract with any rail 
        carrier for part or all of its transportation needs over the 
        route of movement, in which case the rate established by the 
        carrier shall not apply to transportation covered by the 
        contract.
    ``(3) A rail carrier''.

SEC. 7. REVIEW OF RATES FOR REASONABLENESS.

    Section 10701(d) is amended by striking paragraph (3) and inserting 
the following:
    ``(3) Upon a challenge made by a shipper to the reasonableness of 
any rate established by a rail carrier in accordance with subsection 
(c) or section 11101(a) of this title, the Board shall determine the 
reasonableness of the rate without regard to whether--
            ``(A) the rate is for only part of a movement between a 
        point of origin and a destination;
            ``(B) the shipper has made arrangements for transportation 
        for any other part of that movement; or
            ``(C) the shipper currently has a contract with a rail 
        carrier for any part of the rail traffic involved, except that 
        any rate prescribed by the Board shall not apply to 
        transportation covered by such a contract.''.

SEC. 8. PERIODIC STUDY OF COMPETITION AMONG RAIL CARRIERS.

    (a) Requirement for Study.--
            (1) Triennial study.--Chapter 101 is amended by adding at 
        the end the following new section:
``Sec. 10103. Periodic study of rail carrier competition and processes 
              of the Surface Transportation Board
    ``(a) Requirement for Study.--Every three years, the Secretary of 
Transportation shall conduct a comprehensive study of rail carrier 
competition and the processes of the Board. The study shall include an 
assessment of the following:
            ``(1) The availability of effective competitive options 
        among and between rail carriers.
            ``(2) The effectiveness of the processes of the Surface 
        Transportation Board, including the process used for 
        determining the reasonableness of rates of rail carriers.
            ``(3) The availability to rail users of effective 
        regulatory dispute resolution options.
    ``(b) Study To Include Assessment of Rail-to-Rail Competition.--In 
carrying out the study, the Board shall assess the overall level of 
rail-to-rail competition in the rail carrier industry in the United 
States. In making the assessment, the Board shall consider the views of 
users of the services of rail carriers.
    ``(c) Report to Congress.--Not later than November 15 of each year 
in which a study is conducted under subsection (a), the Secretary shall 
submit a report on the results of the study to Congress. The report 
shall include the following:
            ``(1) The Board's assessment of the overall level of rail-
        to-rail competition in the rail carrier industry in the United 
        States.
            ``(2) The markets that have limited rail-to-rail 
        competition.
            ``(3) Any recommendations for enhancing rail-to-rail 
        competition, particularly in markets identified as having 
        limited rail-to-rail competition.
            ``(4) An assessment of the Board's performance of its 
        purpose to promote and enhance competition among and between 
        railroads by--
                    ``(A) addressing complaints regarding rates, 
                charges, and service; and
                    ``(B) promulgating regulations of general 
                applicability or taking other actions.
            ``(5) Any recommendations for modification of any of the 
        decisions of the Surface Transportation Board (or decisions of 
        the former Interstate Commerce Commission continuing in effect) 
        or for modification of the general authority or jurisdiction of 
        the Board.
            ``(6) Any other findings, analyses, assessments, and 
        recommendations that result from the study.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of such chapter is amended by adding at the end the 
        following:

``10103. Periodic study of rail carrier competition and processes of 
                            the Surface Transportation Board.''.
    (b) Time for First Study.--The first study under section 10103 of 
title 49, United States Code (as added by subsection (a)), shall be 
carried out not later than two years after the effective date specified 
in section 401.

SEC. 9. AREAS OF INADEQUATE RAIL COMPETITION.

    (a) Designation and Remedies.--
            (1) In general.--Chapter 105 is amended by adding at the 
        end the following new section:
``Sec. 10503. Areas of inadequate rail competition
    ``(a) Designation.--The Board shall designate any State or part of 
a State as an area of inadequate rail competition after finding either 
of the grounds set forth in subsection (b). An area of inadequate rail 
competition may be limited to be composed of the facilities of a group 
of shippers or receivers of one or more specific commodities within a 
geographic area.
    ``(b) Grounds for Designation.--The grounds for designating a State 
or part of a State as an area of inadequate rail competition are as 
follows:
            ``(1) The State or part of a State encompasses a 
        significant number of rail shipping origins and destinations 
        that are served exclusively by only one Class I railroad.
            ``(2) A significant number of the persons that ship by rail 
        or receive rail shipments in the State or part of a State--
                    ``(A) usually find it necessary to pay rates for 
                the rail shipments that exceed the rates necessary to 
                yield recovery by the rail carrier of 180 percent of 
                revenue-variable costs, as determined under standards 
                applied in the administration of section 10707(d) of 
                this title; or
                    ``(B) have experienced competitive disadvantage in 
                the marketplace or other economic adversity because of 
                high cost or poor quality of rail service in the State 
                or part of a State, as the case may be.
    ``(c) Authorized Petitioners.--The following persons are authorized 
to petition the Board for a designation of a State or part of a State 
as an area of inadequate rail competition:
            ``(1) The chief executive of the State or another official 
        of the State who is designated to do so by the chief executive 
        or is authorized to do so under the laws of that State.
            ``(2) A Member of Congress from the State.
            ``(3) As provided in section 10504 of this title, the Rail 
        Customer Advocate of the Department of Agriculture and any 
        State official referred to in subsection (a)(2) of such 
        section.
            ``(4) A person that ships by rail or receives rail 
        shipments in that State or part of a State.
    ``(d) Actions.--Upon designating a State or a part of a State as an 
area of inadequate rail competition, the Board shall attempt to 
resolve, within 60 days after the date of the designation, the 
conditions described in subsection (b) that justify the designation. In 
addition to providing other remedies authorized by law, the Board may, 
when requested in a petition, order any of the following actions:
            ``(1) Provision of reciprocal switching and access to 
        tracks of another rail carrier beyond the limits specified in 
        section 11102(a) of this title.
            ``(2) Haulage transportation of railroad cars by a rail 
        carrier to or from facilities that such carrier alone 
        physically serves on behalf of another rail carrier, for a fee 
        prescribed by the Board.
            ``(3) Regarding rates on any rail segments within or 
        connected to the area of inadequate rail competition on which 
        rail service is susceptible to delay or interruption due to 
        traffic congestion--
                    ``(A) expedited review of the reasonableness of the 
                rates under section 10701(d)(3) of this title; or
                    ``(B) expedited final offer arbitration of the 
                reasonableness of the rates under section 11708(e) of 
                this title.
            ``(4) Expedited review, under section 10701(d)(3) of this 
        title, of the reasonableness of--
                    ``(A) increases in rates or other charges; and
                    ``(B) new transportation service tariffs.
            ``(5) Expedited review of whether a rate violates the 
        prohibition against discriminatory rates contained in section 
        10741 of this title, without regard to subsection (b)(2) of 
        such section.
    ``(e) Limitations and Conditions Applicable to Specific Remedies.--
(1) In the case of a petition for an order for reciprocal switching or 
access to tracks of another rail carrier under subsection (d)(1), the 
Board may not require that there be evidence of anticompetitive conduct 
by a rail carrier as a prerequisite for ordering such action.
    ``(2) In the case of a petition for expedited review of rates or 
final offer arbitration of rates under subsection (d)(3)--
            ``(A) the Board or arbitrator or panel of arbitrators, as 
        the case may be, shall accord, with respect to rail 
        transportation of a specific commodity, significant persuasive 
        weight to evidence comparing--
                    ``(i) rates charged for rail transportation of 
                various quantities of that commodity within the area of 
                inadequate rail competition; and
                    ``(ii) rates charged for rail transportation of 
                similar quantities of that commodity or any similar 
                commodity or commodities in areas where there is 
                competition among rail carriers for shipments of such 
                commodity or commodities; and
            ``(B) the Board or arbitrator or panel of arbitrators, as 
        the case may be, shall not apply the stand-alone cost test or 
        any other test that the Board applies in determining the 
        reasonableness of rates reviewed in cases not involving rail 
        service in an area of inadequate rail competition.
    ``(3) In the case of a petition for expedited review, under 
subsection (d)(4), of an increase of a rate or other charge or the 
imposition of a new service tariff by a rail carrier--
            ``(A) the rail carrier shall have the burden of proving the 
        reasonableness of the increase or tariff charge; and
            ``(B) the Board shall consider any evidence comparing--
                    ``(i) the increased rate or other charge, or the 
                tariff charge, as the case may be; and
                    ``(ii) corresponding rates, other charges, or new 
                service tariff charges, respectively, imposed for rail 
                transportation in areas where there is a significant 
                level of competition among the rail carriers.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of such chapter is amended by adding at the end the 
        following new item:

``10503. Areas of inadequate rail competition.''.
    (b) Study and Report on Areas of Inadequate Rail Competition.--
            (1) Study required.--The Rail Customer Advocate of the 
        Department of Agriculture shall carry out a study of the 
        process provided under section 10503 of title 49, United States 
        Code (as added by subsection (a)), for challenging and 
        remedying conditions described in subsection (b) of such 
        section in States and parts of States designated under such 
        section as areas of inadequate rail competition insofar as such 
        conditions adversely affect rail shippers of agricultural or 
        forestry commodities and products.
            (2) Findings on effectiveness of process.--The Rail 
        Customer Advocate shall make findings, on the basis of the 
        study under paragraph (1), regarding the effectiveness of the 
        process for remedying the conditions studied, particularly in 
        the case of customers that ship agricultural or forestry 
        commodities and products by rail in annual volumes of 1,500 
        rail cars or less.
            (3) Report.--Not later than three years after the date of 
        the enactment of this Act, the Rail Customer Advocate shall 
        submit to Congress a report on the results of the study under 
        paragraph (1), including the findings required under paragraph 
        (2).

SEC. 10. RAIL CUSTOMER ADVOCATE IN THE DEPARTMENT OF AGRICULTURE.

    (a) Participation of Rail Customer Advocate in STB Proceedings.--
            (1) Authority and responsibilities.--Chapter 105, as 
        amended by section 9(a), is further amended by adding at the 
        end the following new section:
``Sec. 10504. Participation of Rail Customer Advocate in Board 
              proceedings
    ``(a) Authority.--The following persons are authorized to petition 
the Board for an exercise of authority of the Board regarding rail 
transportation of any agricultural or forestry commodity or product, 
and to participate in any proceeding of the Board regarding rail 
transportation of such a commodity or product:
            ``(1) The Rail Customer Advocate of the Department of 
        Agriculture.
            ``(2) Any official of the government of a State whose 
        functions are the same as or similar to the functions of the 
        Rail Customer Advocate of the Department of Agriculture.
    ``(b) Consideration of Presentations by Advocate.--(1) The Board 
shall accord significant persuasive weight to any material evidence, 
proposal, or view that is presented by an official referred to in 
subsection (a) with respect to rail transportation of an agricultural 
or forestry commodity or product.
    ``(2) In disposing of any matter before the Board in which an 
official referred to in subsection (a) has participated under the 
authority of such subsection, the Board shall present in writing a 
detailed explanation of any disagreement of the Board with matters 
presented to the Board by that official.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of such chapter, as amended by section 9(a)(2), is 
        further amended by adding at the end the following new item:

``10504. Participation of Rail Customer Advocate in Board 
                            proceedings.''.
    (b) Establishment and Duties.--
            (1) In general.--Subtitle I of the Department of 
        Agriculture Reorganization Act of 1994 (7 U.S.C. 7005) is 
        amended by adding at the end the following new section:

``SEC. 286. RAIL CUSTOMER ADVOCATE.

    ``(a) Establishment of Office.--There is established within the 
Department an Office of Rail Customer Advocacy.
    ``(b) Rail Customer Advocate.--
            ``(1) Appointment.--The Secretary shall appoint the Rail 
        Customer Advocate.
            ``(2) Head of office.--The Rail Customer Advocate is the 
        head of the Office of Rail Customer Advocacy.
    ``(c) Functions.--The Rail Customer Advocate has the following 
functions:
            ``(1) Participation in stb proceedings.--To participate as 
        a party in proceedings of the Surface Transportation Board on 
        petitions for action by the Board regarding the regulation of 
        rail transportation of agricultural or forestry commodities or 
        products, and to initiate any such action.
            ``(2) Compilation of information.--To collect, compile, and 
        maintain information regarding the cost and efficiency of rail 
        transportation of agricultural commodities and products and 
        forestry commodities and products.
            ``(3) Studies.--To perform studies regarding rail 
        transportation of agricultural commodities and products and 
        forestry commodities and products.
    ``(d) Access to STB Information.--To carry out the functions under 
subsection (b), the Rail Customer Advocate shall have access to 
information, including databases, of the Surface Transportation 
Board.''.
            (2) Conforming amendments.--Section 296(b) of the 
        Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 
        7014(b)) is amended--
                    (A) in paragraph (4), by striking ``or'' at the 
                end;
                    (B) in paragraph (5), by striking the period at the 
                end and inserting ``; or''; and
                    (C) by adding at the end the following:
            ``(6) the establishment of the Office of Rail Consumer 
        Advocacy of the Department under section 286.''.
                                 <all>