Railroad Competition Act of 2003 - Amends Federal transportation law to specify the primary objectives of U.S. rail transportation policy.
Requires submission to arbitration of certain rail rate, service, and other disputes.
Prohibits the Surface Transportation Board (STB) from issuing a certificate authorizing construction and operation of railroad lines, or exempt from such certificate requirement any related activity, that involves a transfer of interest in a line of railroad, from a Class I rail carrier to a Class II or III rail carrier, if the activity directly or indirectly would result in a restriction of: (1) the ability of the Class II or Class III rail carrier to interchange traffic with other carriers; or (2) competition between or among rail carriers in the region affected by the activity in a manner or to an extent that would violate Federal antitrust laws.
Prescribes a procedure for shipper petition and STB review of any activity alleged to have resulted in a restricition of competition for at least ten years.
Changes from discretionary to mandatory the authority of the STB to require: (1) a rail carrier's terminal facilities to be used by another rail carrier subject to certain conditions; and (2) rail carriers to enter into reciprocal switching agreements. Prohibits the STB, in either instance, from requiring evidence of anticompetitive conduct by a rail carrier from which such access is sought.
Requires a rail carrier, upon shipper request, to establish a rate for transportation and provide requested service between any two points on the carrier's system where traffic originates, terminates, or may reasonably be interchanged. Specifies matters the carrier must disregard when establishing such rate.
Specifies matters the STB must disregard when determining the reasonableness of a shipper-challenged rate established by a rail carrier with market dominance.
Prohibits the STB from charging a fee for the filing of a complaint, protest, or other request for relief in an amount greater than fees charged by U.S. district courts for a comparable filing.
Requires the Secretary of Transportation to conduct comprehensive triennial studies on rail carrier competition and STB processes.
Requires to STB to designate any State or part of a State as an area of inadequate rail competition after finding that: (1) it encompasses a significant number of rail shipping origins and destinations served exclusively by only one Class I railroad; or (2) a significant number of the persons that ship by rail or receive rail shipments in it usually find it necessary to pay rates exceeding a certain mark, or have experienced competitive disadvantage in the marketplace or other economic adversity because of high cost or poor rail service quality. Specifies actions the STB may take to resolve such anti-competitive conditions.
Amends the Department of Agriculture Reorganization Act of 1994 to establish within the Department of Agriculture an Office of Rail Customer Advocacy, headed by a Rail Customer Advocate who shall: (1) collect information on the cost and efficiency of rail transportation of agricultural and forestry commodities or products; (2) perform related studies; and (3) participate as a party in STB proceedings regarding regulation of such transportation, as well as to initiate any petitions for STB action.
[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2924 Introduced in House (IH)]
108th CONGRESS
1st Session
H. R. 2924
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 HOUSE OF REPRESENTATIVES
July 25, 2003
Mr. Baker (for himself, Mr. John, Mr. Vitter, and Mr. Pomeroy)
introduced the following bill; which was referred to the Committee on
Transportation and Infrastructure
_______________________________________________________________________
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 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).
``(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).
``(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 RAIL CARRIERS.
(a) Restriction on Approval or Exemption of Rail 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 such an activity,
that involves a transfer of interest in a line of railroad, from 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), 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. FILING FEES.
Section 721 is amended by adding at the end the following new
subsection:
``(f) Limitation on Fees.--The Board may not charge a fee for the
filing of a complaint, protest, or other request for relief in an
amount greater than fees charged by district courts of the United
States for a comparable filing.''.
SEC. 9. 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 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 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 Secretary shall assess the overall level of
rail-to-rail competition in the rail carrier industry in the United
States. In making the assessment, the Secretary 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 Secretary'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 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 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 date of the enactment of
this Act .
SEC. 10. 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); 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 Governor from the State.
``(2) A Member of Congress from the State.
``(3) As provided in section 10504, the Rail Customer
Advocate of the Department of Agriculture and any State
official referred to in subsection (a)(2) of such section.
``(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); or
``(B) expedited final offer arbitration of the
reasonableness of the rates under section 11708(e).
``(4) Expedited review, under section 10701(d)(3), 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, 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 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. 11. 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 10(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 10(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 title II 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 (c), 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.''.
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Introduced in House
Introduced in House
Sponsor introductory remarks on measure. (CR E1638-1639)
Referred to the House Committee on Transportation and Infrastructure.
Referred to the Subcommittee on Railroads.
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