SEC. 104. 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 sec-
ond sentence and inserting ‘‘shall establish’’; 
and 
(2) by adding at the end the following new 
paragraph: 
‘‘(3) In making any finding under paragraph (1), the 
Board shall not require that there be evidence of anti-
competitive conduct by a rail carrier from which access 
is sought.’’. 
SEC. 105. 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: 
‘‘§ 10503. Areas of inadequate rail competition 
‘‘(a) IN GENERAL.—The Board shall designate any 
State or substantial part of a State as an area of inad-
equate rail competition after finding that— 
‘‘(1) the State or substantial part of the State 
encompasses rail shipping origins and destinations 
that are served exclusively by one Class I railroad; 
and 
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‘‘(2) persons that ship by rail or receive rail 
shipments in the State or substantial part of the 
State— 
‘‘(A) pay rates for the rail shipments that 
exceed the rates necessary to yield recovery by 
the rail carrier of 180 percent of revenue-vari-
able costs, as determined under standards ap-
plied in the administration of section 10707(d); 
or 
‘‘(B) have experienced competitive dis-
advantage in the marketplace or other economic 
adversity because of high cost or poor quality of 
rail service in the State or substantial part of 
the State. 
‘‘(b) SPECIFIC COMMODITIES.—An area of inad-
equate rail competition may be composed of the facilities 
of a group of shippers or receivers of one or more specific 
commodities within a geographic area. 
‘‘(c) AUTHORIZED PETITIONERS.—A Governor of a 
State is authorized to petition the Board for a designation 
of a State or substantial part of a State as an area of 
inadequate rail competition. 
‘‘(d) ACTIONS.—Upon designating a State or sub-
stantial part of a State as an area of inadequate rail com-
petition, the Board shall resolve, not later than 60 days 
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after the date of the designation, the conditions described 
in subsection (a) that justify the designation. In taking 
such action, the Board shall not require rates lower than 
those necessary to yield recovery of 180 percent of rev-
enue-variable costs. In addition to providing other rem-
edies authorized by law, the Board may order any of the 
following actions: 
‘‘(1) Provision of reciprocal switching as pro-
vided for in section 11102(c) and terminal trackage 
rights beyond the limits specified in section 
11102(a). 
‘‘(2) Haulage transportation of railroad cars by 
a rail carrier to or from facilities that such carrier 
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, expe-
dited final offer arbitration under section 11708(e). 
‘‘(4) Expedited review of whether a rate violates 
the prohibition against discriminatory rates con-
tained in section 10741, without regard to sub-
section (b)(2) of such section. 
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‘‘(e) PROCEDURES.—In the case of a petition for an 
order for reciprocal switching or terminal trackage rights 
under subsection (d)(1), the Board may not require that 
there be evidence of anticompetitive conduct by a rail car-
rier as a prerequisite for ordering such action.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of chapter 105 is amended by 
adding at the end the following new item: 
‘‘10503. Areas of inadequate rail competition.’’. 
(b) STUDY ON AREAS OF INADEQUATE RAIL COM-
PETITION.—Not later than 1 year after the date of enact-
ment of this Act, the Rail Customer Advocate of the De-
partment of Transportation shall— 
(1) review the effectiveness of the procedures 
under section 10503 for challenging and remedying 
conditions adversely affecting rail shippers of agri-
cultural and forestry commodities and products, in-
cluding commodities and products shipped by rail in 
annual volumes of 1500 rail cars or less, and the ap-
plicability of such procedures for ameliorating rail 
rate and service problems, in areas of inadequate 
rail competition; and 
(2) report the results of the study, together 
with any recommendations that the Rail Customer 
Advocate may have for improving the procedures, to 
Congress. 
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TITLE II—IMPROVING SERVICE 
TO RAIL CUSTOMERS 
SEC. 201. RAIL SERVICE. 
(a) PUBLIC NOTICE.—The Surface Transportation 
Board shall, within 7 days after receipt by the Board or 
any Member or staff of the Board of a complaint from 
a customer about rail service, post on the Board’s Internet 
Web site a description of the complaint, including informa-
tion identifying the railroad or railroads providing the 
service that is the subject of the complaint, the general 
geographic area of the customer’s movement, the date 
upon which the service problem occurred and the date no-
tice of the complaint was made to the Board or any Mem-
ber or staff of the Board. The Internet posting shall iden-
tify the rail customer only upon the written consent of the 
rail customer. Not later than 5 days after the date the 
complaint is resolved, the Board shall update the informa-
tion posted on the Board’s Internet Web site to indicate 
that the complaint has been resolved, the means of its res-
olution, and the date of its resolution. 
(b) ANNUAL REPORT TO CONGRESS.—Not later than 
March 15, 2008, and annually thereafter, the Surface 
Transportation Board shall transmit to Congress a report 
regarding the service complaints received by the Board, 
or any Member or staff of the Board, in the previous cal-
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