‘‘(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 sec-
tions 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 Ad-
vocate 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 con-
ditions described in subsection (b) of such section in 
States and parts of States designated under such 
section as areas of inadequate rail competition inso-
far as such conditions adversely affect rail shippers 
of agricultural or forestry commodities and products. 
(2) FINDINGS
ON
EFFECTIVENESS
OF
PROC-
ESS.—The Rail Customer Advocate shall make find-
ings, on the basis of the study under paragraph (1), 
regarding the effectiveness of the process for rem-
edying 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 Cus-
tomer Advocate shall submit to Congress a report on 
the results of the study under paragraph (1), includ-
ing 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 fur-
ther amended by adding at the end the following 
new section: 
‘‘§ 10504. Participation of Rail Customer Advocate in 
Board proceedings 
‘‘(a) AUTHORITY.—The following persons are author-
ized to petition the Board for an exercise of authority of 
the Board regarding rail transportation of any agricul-
tural or forestry commodity or product, and to participate 
in any proceeding of the Board regarding rail transpor-
tation of such a commodity or product: 
‘‘(1) The Rail Customer Advocate of the De-
partment 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 De-
partment of Agriculture. 
‘‘(b) CONSIDERATION OF PRESENTATIONS BY ADVO-
CATE.—(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 partici-
pated under the authority of such subsection, the Board
shall present in writing a detailed explanation of any dis-
agreement of the Board with matters presented to the 
Board by that official.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions 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 estab-
lished within the Department an Office of Rail Customer 
Advocacy. 
‘‘(b) RAIL CUSTOMER ADVOCATE.—
‘‘(1) APPOINTMENT.—The Secretary shall ap-
point 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 Sur-
face Transportation Board on petitions for action by 
the Board regarding the regulation of rail transpor-
tation of agricultural or forestry commodities or 
products, and to initiate any such action. 
‘‘(2) COMPILATION OF INFORMATION.—To col-
lect, compile, and maintain information regarding 
the cost and efficiency of rail transportation of agri-
cultural commodities and products and forestry com-
modities 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 Ad-
vocate shall have access to information, including data-
bases, of the Surface Transportation Board.’’. 
(2) 
CONFORMING
AMENDMENTS.—Section 
296(b) of the Department of Agriculture Reorga-
nization Act of 1994 (7 U.S.C. 7014(b)) is amend-
ed—
(A) in paragraph (4), by striking ‘‘or’’ at 
the end;
(B) in paragraph (5), by striking the pe-
riod 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 sec-
tion 286.’’.
Æ