[Congressional Record Volume 141, Number 179 (Monday, November 13, 1995)]
[House]
[Pages H12190-H12194]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                               AMENDMENTS

  Under clause 6 of rule XXIII, proposed amendments were submitted as 
follows:

                               H.R. 2539

                        Offered By: Mr. Shuster

       Amendment No. 1: Page 5, line 24, insert ``common carrier'' 
     after ``a person providing''.
       Page 7, line 8, insert ``with respect to regulation of rail 
     transportation'' after ``provided under this part''.
       Page 9, line 24, insert ``The enactment of the ICC 
     Termination Act of 1995 shall have no effect on which 
     employees and employers are covered by the Railway Labor Act, 
     the Railroad Retirement Act of 1974, the Railroad Retirement 
     Tax Act, and the Railroad Unemployment Insurance Act.'' after 
     ``local governmental authority.''.
       Page 12, in the table of sections for subchapter I of 
     chapter 105, strike ``Inflation-based rate increases'' and 
     insert in lieu thereof ``Rail cost adjustment factor''.
       Page 13, line 21, strike ``shall recognize'' and insert in 
     lieu thereof ``shall give due consideration to--
       ``(A) the amount of traffic which is transported at 
     revenues which do not contribute to going concern value and 
     the efforts made to minimize such traffic;
       ``(B) the amount of traffic which contributes only 
     marginally to fixed costs and the extent to which, if any, 
     rates on such traffic can be changed to maximize the revenues 
     from such traffic; and
       ``(C) the carrier's mix of rail traffic to determine 
     whether one commodity is paying an unreasonable share of the 
     carrier's overall revenues,

     recognizing''.
       Page 14, lines 2 through 5, strike ``to establish 
     simplified'' and all that follows through ``evidence is 
     impractical''.
       Page 14, line 11, strike ``including'' and insert in lieu 
     thereof ``to the extent required by section 10507,''.
       Page 17, line 11, strike ``11101'' and insert in lieu 
     thereof ``10902''.
       Page 29, line 11, strike ``Class I''.
       Page 29, lines 12 and 13, strike ``Panel's Rail Form A'' 
     and insert in lieu thereof ``Uniform Rail Costing System''.
       Page 30, line 7, through page 31, line 3, amend section 
     10508 to read as follows:

     ``Sec. 10508. Rail cost adjustment factor

       ``(a) The Panel shall, as often as practicable, but in no 
     event less often than quarterly, publish a rail cost 
     adjustment factor which shall be a fraction, the numerator of 
     which is the latest published Index of Railroad Costs (which 
     index shall be compiled or verified by the Panel, with 
     appropriate adjustments to reflect the change in composition 
     of railroad costs, including the quality and mix of material 
     and labor) and the denominator of which is the same index for 
     the fourth quarter of every fifth year, beginning with the 
     fourth quarter of 1992.
       ``(b) The rail cost adjustment factor published by the 
     Panel under subsection (a) of this section shall take into 
     account changes in railroad productivity. The Panel shall 
     also publish a similar index that does not take into account 
     changes in railroad productivity.
       Page 31, line 22, insert ``The district courts of the 
     United States shall not have jurisdiction pursuant to this 
     section based on section 1331 or 1337 of title 28, United 
     States Code.'' after ``parties otherwise agree.''.
       Page 31, after line 22, insert the following:
       ``(d)(1) A summary of each contract for the transportation 
     of agricultural commodities entered into under this section 
     shall be filed with the Panel, containing such 
     nonconfidential information as the Panel prescribes. The 
     Panel shall publish special rules for such contracts in order 
     to ensure that the essential terms of the contract are 
     available to the general public.
       Page 31, line 23, strike ``(d)'' and insert in lieu thereof 
     ``(2)''.
       Page 32, after line 6, insert the following new subsection:
       ``(f) A rail carrier that enters into a contract as 
     authorized by this section remains subject to the common 
     carrier obligation set forth in section 10901, with respect 
     to rail transportation not provided under such a contract.
       Page 37, in the table of sections for chapter 107, insert 
     at the end the following new item:

``10707. Railroad development.

       Page 45, line 10, strike ``paragraph (2) or''.
       Page 45, lines 13 through 22, strike paragraph (2).
       Page 45, line 23, strike ``(3)'' and insert in lieu thereof 
     ``(2)''.
       Page 47, line 18, strike ``6 months'' and insert in lieu 
     thereof ``4 months''.
       Page 48, line 2, page 49, lines 21 and 25, and page 50, 
     line 5, strike ``6-month'' and insert in lieu thereof ``4-
     month''.
       Page 51, line 20, insert ``The Panel does not have 
     authority under this chapter over construction, acquisition, 
     operation, abandonment, or discontinuance of spur, 
     industrial, team, switching, or side tracks.'' after ``or 
     side tracks.''.
       Page 51, after line 20, insert the following new section:

[[Page H 12191]]


     ``Sec. 10707. Railroad development

       ``(a) In this section, the term `financially responsible 
     person' means a person who--
       ``(1) is capable of paying the constitutional minimum value 
     of the railroad line proposed to be acquired; and
       ``(2) is able to assure that adequate transportation will 
     be provided over such line for a period of not less than 3 
     years.

     Such term includes a governmental authority but does not 
     include a Class I or Class II rail carrier.
       ``(b)(1) When the Panel finds that--
       ``(A)(i) the public convenience and necessity require or 
     permit the sale of a particular railroad line under this 
     section; or
       ``(ii) a railroad line is on a system diagram map as 
     required under section 10703 of this title, but the rail 
     carrier owning such line has not filed a notice of intent to 
     abandon such line under section 10703 of this title before an 
     application to purchase such line, or any required 
     preliminary filing with respect to such application, is filed 
     under this section; and
       ``(B) an application to purchase such line has been filed 
     by a financially responsible person,

     the Panel shall require the rail carrier owning the railroad 
     line to sell such line to such financially responsible person 
     at a price not less than the constitutional minimum value.
       ``(2) For purposes of this subsection, the constitutional 
     minimum value of a particular railroad line shall be presumed 
     to be not less than the net liquidation value of such line or 
     the going concern value of such line, whichever is greater.
       ``(c)(1) For purposes of this section, the Panel may 
     determine that the public convenience and necessity require 
     or permit the sale of a railroad line if the Panel 
     determines, after a hearing on the record, that--
       ``(A) the rail carrier operating such line refuses within a 
     reasonable time to make the necessary efforts to provide 
     adequate service to shippers who transport traffic over such 
     line;
       ``(B) the transportation over such line is inadequate for 
     the majority of shippers who transport traffic over such 
     line;
       ``(C) the sale of such line will not have a significantly 
     adverse financial effect on the rail carrier operating such 
     line;
       ``(D) the sale of such line will not have an adverse effect 
     on the overall operational performance of the rail carrier 
     operating such line; and
       ``(E) the sale of such line will be likely to result in 
     improved railroad transportation for shippers that transport 
     traffic over such line.
       ``(2) In a proceeding under this subsection, the burden of 
     proving that the public convenience and necessity require or 
     permit the sale of a particular railroad line is on the 
     person filing the application to acquire such line. If the 
     Panel finds under this subsection that the public convenience 
     and necessity require or permit the sale of a particular 
     railroad line, the Panel shall concurrently notify the 
     parties of such finding and publish such finding in the 
     Federal Register.
       ``(d) In the case of any railroad line subject to sale 
     under subsection (a) of this section, the Panel shall, upon 
     the request of the acquiring carrier, require the selling 
     carrier to provide to the acquiring carrier trackage rights 
     to allow a reasonable interchange with the selling carrier or 
     to move power equipment or empty rolling stock between 
     noncontiguous feeder lines operated by the acquiring carrier. 
     The Panel shall require the acquiring carrier to provide the 
     selling carrier reasonable compensation for any such trackage 
     rights.
       ``(e) The Panel shall require, to the maximum extent 
     practicable, the use of the employees who would normally have 
     performed work in connection with a railroad line subject to 
     a sale under this section.
       ``(f) In the case of a railroad line which carried less 
     than 3,000,000 gross ton miles of traffic per mile in the 
     preceding calendar year, whenever a purchasing carrier under 
     this section petitions the Panel for joint rates applicable 
     to traffic moving over through routes in which the purchasing 
     carrier may practicably participate, the Panel shall, within 
     30 days after the date such petition is filed and pursuant to 
     section 10505(a) of this title, require the establishment of 
     reasonable joint rates and divisions over such route.
       ``(g)(1) Any person operating a railroad line acquired 
     under this section may elect to be exempt from any of the 
     provisions of this part, except that such a person may not be 
     exempt from the provisions of chapter 105 of this title with 
     respect to transportation under a joint rate.
       ``(2) The provisions of paragraph (1) of this subsection 
     shall apply to any line of railroad which was abandoned 
     during the 18-month period immediately prior to the effective 
     date of the Staggers Rail Act of 1980 and was subsequently 
     purchased by a financially responsible person.
       ``(h) If a purchasing carrier under this section proposes 
     to sell or abandon all or any portion of a purchased railroad 
     line, such purchasing carrier shall offer the right of first 
     refusal with respect to such line or portion thereof to the 
     carrier which sold such line under this section. Such offer 
     shall be made at a price equal to the sum of the price paid 
     by such purchasing carrier to such selling carrier for such 
     line or portion thereof and the fair market value (less 
     deterioration) of any improvements made, as adjusted to 
     reflect inflation.
       ``(i) Any person operating a railroad line acquired under 
     this section may determine preconditions, such as payment of 
     a subsidy, which must be met by shippers in order to obtain 
     service over such lines, but such operator must notify the 
     shippers on the line of its intention to impose such 
     preconditions.
       Page 52, line 9, insert ``Commitments which deprive a 
     carrier of its ability to respond to reasonable requests for 
     common carrier service are not reasonable.'' after ``requests 
     for service.''.
       Page 53, line 3, insert ``20 days have expired after'' 
     after ``service terms unless''.
       Page 53, lines 11 and 12, strike ``, including appropriate 
     periods of notice.'' and insert in lieu thereof ``. Final 
     regulations shall be adopted by the Panel not later than 180 
     days after the date of the enactment of the ICC Termination 
     Act of 1995.''.
       Page 66, line 12, insert ``in order to perfect the security 
     interest that is the subject of such instrument'' after 
     ``filed with the Panel''.
       Page 68, after line 15, insert the following new 
     subsection:
       ``(g) The Panel shall collect, maintain, and keep open for 
     public inspection a railway equipment register consistent 
     with the manner and format maintained by the Interstate 
     Commerce Commission as of the date of the enactment of the 
     ICC Termination Act of 1995.
       Page 69, line 8, insert ``(except section 11122)'' after 
     ``under this subchapter''.
       Page 73, line 19, strike ``rights. Any trackage rights'' 
     and insert in lieu thereof ``rights and access to other 
     facilities. Any trackage rights and related''.
       Page 73, line 20, insert ``operating terms and'' after 
     ``shall provide for''.
       Page 74, lines 21 and 22, strike ``Secretary of 
     Transportation'' and insert in lieu thereof ``Attorney 
     General''.
       Page 84, lines 2 and 3, strike ``The Panel may begin an 
     investigation under this part on its own initiative or on 
     complaint.'' and insert in lieu thereof ``Except as otherwise 
     provided in this part, the Panel may begin an investigation 
     under this part only on complaint.''.
       Page 85, line 24, insert ``in a United States District 
     Court'' after ``civil action''.
       Page 105, line 3, strike the first comma and all that 
     follows through the period on line 5 and insert a period.
       Page 115, line 6, before ``authority'' insert 
     ``appropriate''.
       Page 115, strike lines 7 and 8 and insert a period.
       Page 117, line 4, strike ``shall''.
       Page 132, line 4, strike ``has'' and insert ``and the Panel 
     have''.
       Page 133, after line 17, insert the following:
       ``(b) Limitation.--The Panel may not exempt a water carrier 
     from the application of, or compliance with, sections 13701 
     and 13702 for transportation in noncontiguous domestic trade.
       Page 133, line 18, strike ``(b)'' and insert ``(c)''.
       Page 136, line 2, after ``section 13703'' insert ``or 
     14302''.
       Page 136, in the matter following line 3--
       (1) redesignate the items relating to sections 13707-13712 
     as items relating to sections 13708-13713, respectively;
       (2) insert after the item relating to section 13706 the 
     following:

`` `13707. Payment of rates.''; and

       (3) strike the item relating to section 13710, as 
     redesignated by paragraph (1), and insert the following:
`` `13710. Additional billing and collecting practices.''.

       Page 136, lines 14 and 15, strike ``described in section 
     13102(9)(A), or'' and insert a comma.
       Page 136, line 17, after the comma insert ``or''.
       Page 136, after line 17, insert the following:
       ``(C) rates, rules, and classifications made collectively 
     by motor carriers under agreement pursuant to section 13703,
       Page 138, lines 9 and 10, strike ``described in section 
     13102(9)(A)''.
       Page 140, line 13, strike ``kept open'' and insert ``make 
     the tariffs as changed available''.
       Page 141, line 11, strike ``in'' and insert ``of''.
       Page 141, lines 12 and 13, strike ``households described in 
     section 13102(9)(B)'' and insert ``household goods''.
       Page 142, line 7, strike ``described in section 
     13102(9)(A)''.
       Page 143, strike lines 5 through 8 and insert the 
     following:
       ``(4) Independently established rates.--Any carrier which 
     is a party to an agreement under paragraph (1) is not, and 
     may not be precluded, from independently establishing its own 
     rates, classification, and mileages or from adopting and 
     using a noncollectively made classification or mileage guide.
       ``(5) Investigations.--
       ``(A) Reasonableness.--The Panel may suspend and 
     investigate the reasonableness of any rate, rule, 
     classification, or rate adjustment of general application 
     made pursuant to an agreement under this section.
       ``(B) Actions not in the public interest.--The Panel may 
     investigate any action taken pursuant to an agreement 
     approved under this section. If the Panel finds that the 
     action is not in the public interest, the Panel may take such 
     measures as may be necessary to protect the public interest 
     with regard to the action, including issuing an order 
     directing the parties to cease and desist or modify the 
     action.
       Page 143, line 9, strike ``(5)'' and insert ``(6)''.

[[Page H 12192]]

       Page 144, line 18, after the period insert the following:

     Parties to the agreement may continue to undertake activities 
     pursuant to the previously approved agreement while the 
     renewal request is pending.
       Page 145, strike line 11 and insert the following:
       ``(g) Industry Standard Guides.--
       ``(1) In general.--
       ``(A) Public availability.--Routes, rates, classifications, 
     mileage guides, and rules established under agreements 
     approved under this section shall be published and made 
     available for public inspection upon request.
       ``(B) Participation of carriers.--
       ``(i) In general.--A motor carrier of property whose 
     routes, rates, classifications, mileage guides, rules, or 
     packaging are determined or governed by publications 
     established under agreements approved under this section must 
     participate in the determining or governing publication for 
     such provisions to apply.
       ``(ii) Power of attorney.--The motor carrier of property 
     shall issue a power of attorney to the publishing agent and, 
     upon its acceptance, the agent shall issue a written 
     certification to the motor carrier affirming its 
     participation in the governing publication, and the 
     certification shall be made available for public inspection.
       ``(2) Mileage limitation.--No carrier subject
       Page 145, line 15, strike ``(1)'' and insert ``(A)''.
       Page 145, move lines 15 through 21 two ems to the right.
       Page 145, strike line 16 and all that follows through 
     ``which'' on line 17 and insert ``that is developed 
     independently of any other publication of mileage developed 
     by any other carrier and that''.
       Page 145, line 19, strike ``(2)'' and insert ``(B)''.
       Page 149, after line 16, insert the following:

     ``Sec. 13707. Payment of rates

       ``(a) Transfer of Possession Upon Payment.--Except as 
     provided in subsection (b), a carrier providing 
     transportation or service subject to jurisdiction under this 
     part shall give up possession at the destination of the 
     property transported by it only when payment for the 
     transportation or service is made.
       ``(b) Exceptions.--
       ``(1) Regulations.--Under regulations of the Secretary 
     governing the payment for transportation and service and 
     preventing discrimination, those carriers may give up 
     possession at destination of property transported by them 
     before payment for the transportation or service. The 
     regulations of the Secretary may provide for weekly or 
     monthly payment for transportation provided by motor carriers 
     and for periodic payment for transportation provided by water 
     carriers.
       ``(2) Extensions of credit to governmental entities.--Such 
     a carrier (including a motor carrier being used by a 
     household goods freight forwarder) may extend credit for 
     transporting property for the United States Government, a 
     State, a territory or possession of the United States, or a 
     political subdivision of any of them.
       Redesignate subsequent sections of chapter 137 on pages 149 
     through 163, accordingly.
       Page 149, line 18, strike ``Timing'' and insert 
     ``Disclosure''.
       Page 149, line 23, before the period insert ``and shall 
     also disclose, at such time, whether and to whom any 
     allowance or reduction in charges is made''.
       Page 150, lines 13 and 14, strike ``Before Effective Date'' 
     and insert ``at Rates Other Than Legal Tariff Rates''.
       Page 150, line 21, after the comma insert ``or under 
     subchapter I of chapter 135''.
       Page 151, line 12, after ``Commission'' insert ``or the 
     Panel, as required,''.
       Page 151, line 20, after ``Commission'' insert ``or the 
     Panel, as required,''.
       Page 152, line 21, before the period insert ``, or chapter 
     149''.
       Page 154, line 7, before ``title'' insert ``part or, for 
     transportation provided before the effective date of this 
     section, all rights and remedies that existed under this''.
       Page 157, strike lines 11 and 12 and insert the following:

     ``Sec. 13710. Additional billing and collecting practices''

       Page 157, line 20, after ``rate'' insert ``applicable to 
     its shipment or''.
       Page 157, line 23, strike ``With'' and all that follows 
     through ``when'' on line 25 and insert ``When''.
       Page 158, line 5, strike ``In those cases'' and insert the 
     following:
       ``(3) Billing disputes.--
       ``(A) Initiated by motor carriers.--In those cases''
       Page 158, strike line 16 and all that follows through 
     ``if'' on line 18 and insert the following:

       ``(B) Initiated by shippers.--If''.
       Page 160, line 1, before ``that'' insert ``subject to 
     jurisdiction under subchapter I of chapter 135 or, before the 
     effective date of this section, to have provided 
     transportation''.
       Page 160, line 2, strike ``before'' and insert ``, as in 
     effect on the day before''.
       Page 160, line 7, after ``between'' insert ``(1)''.
       Page 160, line 8, after ``with'' insert ``this chapter or, 
     with respect to transportation provided before the effective 
     date of this section, in accordance with''.
       Page 160, line 9, strike ``of this title'' and insert ``, 
     as in effect on the date the transportation was provided,''.
       Page 160, line 10, strike ``and'' and insert ``, and (2)''.
       Page 160, line 13, strike ``of this title''.
       Page 160, lines 14 and 15, strike ``of this title''.
       Page 161, line 11, after ``Commission'' insert ``or the 
     Panel, as required,''.
       Page 161, line 18, after ``Commission'' insert ``or the 
     Panel, as required,''.
       Page 162, line 20, strike ``relating'' and all that follows 
     through the period on line 22 and insert the following:
     as in effect on the day before such effective date, as such 
     sections relate to a filed tariff rate and other general 
     tariff requirements.
       Page 163, line 1, strike ``13708'' and insert ``13709''.
       Page 163, after line 8, insert the following:
       ``(g) Applicability to Pending Cases.--This section shall 
     apply to all cases and proceedings pending on the effective 
     date of this section.
       Page 164, in the item relating to section 13904 in the 
     matter following line 7, strike ``motor carriers''.
       Page 168, line 18, strike ``Express''.
       Page 169, lines 7 and 8, strike ``Except as provided in 
     section 14501(a), any'' and insert ``Any''.
       Page 169, line 11, strike ``the 30th'' and all that follows 
     through ``and'' on line 14 and insert ``such time as''.
       Page 169, line 16, strike the period and insert the 
     following:

     , but in no case later than the 30th day following the date 
     on which the motor carrier of passengers first begins 
     providing transportation entirely in one State under this 
     paragraph.
       Page 173, line 15, after ``(3)'' insert a comma.
       Page 174, after line 11, insert the following:
       ``(d) Motor Carrier Defined.--In this section and sections 
     13905 and 13906, the term `motor carrier' includes foreign 
     motor carriers and foreign motor private carriers.
       Page 174, line 23, strike ``motor carrier''.
       Page 175, strike line 7 and move the matter on lines 8 
     through 10 after the subsection heading on line 6.
       Page 175, strike lines 11 through 16.
       Page 176, after line 1, insert the following:
       ``(a) Person Holding ICC Authority.--Any person having 
     authority to provide transportation or service as a motor 
     carrier, freight forwarder, or broker under this title, as in 
     effect on the day before the effective date of this section, 
     shall be deemed, for purposes of this part, to be registered 
     to provide such transportation or service under this part.
       Redesignate subsequent subsections on page 176 accordingly.
       Page 176, line 22, strike ``of the registrant''.
       Page 186, line 22, after the period insert the following:

     In issuing the regulations, the Secretary shall consider 
     whether or not to integrate the requirements of section 13304 
     into the new system and may integrate such requirements into 
     the new system.
       Page 188, line 3, strike ``under section 14504,'' and 
     insert ``(including filings and fees authorized under section 
     14504),''.
       Page 196, line 19, before the period insert ``and 
     brokers''.
       Page 198, at the end of the matter following line 23, 
     insert the following:

``14303. Consolidation, merger, and acquisition of control of motor 
              carriers of passengers.

       Page 201, line 14, strike ``of this title''.
       Page 205, after line 11, insert the following:
       ``(g) Definitions.--In this section, the following 
     definitions apply:
       ``(1) Household goods.--The term `household goods' has the 
     meaning such term had under section 10102(11) of this title, 
     as in effect on the day before the effective date of this 
     section.
       ``(2) Transportation.--The term `transportation' means 
     transportation that would be subject to the jurisdiction of 
     the Interstate Commerce Commission under subchapter II of 
     chapter 105 of this title, as in effect on the day before 
     such effective date, if such subchapter were still in effect.

     ``Sec. 14303. Consolidation, merger, and acquisition of 
       control of motor carriers of passengers

       ``(a) Approval Required.--The following transactions 
     involving motor carriers of passengers subject to 
     jurisdiction under subchapter I of chapter 135 may be carried 
     out only with the approval of the Panel:
       ``(1) Consolidation or merger of the properties or 
     franchises of at least 2 carriers into one operation for the 
     ownership, management, and operation of the previously 
     separately owned properties.
       ``(2) A purchase, lease, or contract to operate property of 
     another carrier by any number of carriers.
       ``(3) Acquisition of control of a carrier by any number of 
     carriers.
       ``(4) Acquisition of control of at least 2 carriers by a 
     person that is not a carrier.
       ``(5) Acquisition of control of a carrier by a person that 
     is not a carrier but that controls any number of carriers.
       ``(b) Standard for Approval.--The Panel shall approve and 
     authorize a transaction under this section when it finds the 
     transaction is consistent with the public interest. The Panel 
     shall consider at least the following:
       ``(1) The effect of the proposed transaction on the 
     adequacy of transportation to the public.

[[Page H 12193]]

       ``(2) The total fixed charges that result from the proposed 
     transaction.
       ``(3) The interest of carrier employees affected by the 
     proposed transaction.

     The Panel may impose conditions governing the transaction.
       ``(c) Determination of Completeness of Application.--Within 
     30 days after the date on which an application is filed under 
     this section, the Panel shall either publish a notice of the 
     application in the Federal Register or reject the application 
     if it is incomplete.
       ``(d) Comments.--Written comments about an application may 
     be filed with the Panel within 45 days after the date on 
     which notice of the application is published under subsection 
     (c).
       ``(e) Deadlines.--The Panel shall conclude evidentiary 
     proceedings by the 240th day after the date on which notice 
     of the application is published under subsection (c). The 
     Panel shall issue a final decision by the 180th day after the 
     conclusion of the evidentiary proceedings. The Panel may 
     extend a time period under this subsection; except that the 
     total of all such extensions with respect to any application 
     shall not exceed 90 days.
       ``(f) Effect of Approval.--A carrier or corporation 
     participating in or resulting from a transaction approved by 
     the Panel under this section, or exempted by the Panel from 
     the application of this section pursuant to section 13541, 
     may carry out the transaction, own and operate property, and 
     exercise control or franchises acquired through the 
     transaction without the approval of a State authority. A 
     carrier, corporation, or person participating in the approved 
     or exempted transaction is exempt from the antitrust laws and 
     from all other law, including State and municipal law, as 
     necessary to let that person carry out the transaction, hold, 
     maintain, and operate property, and exercise control or 
     franchises acquired through the transaction.
       ``(g) Limitation on Applicability.--This section shall not 
     apply to transactions involving carriers whose aggregate 
     gross operating revenues were not more than $2,000,000 during 
     a period of 12 consecutive months ending not more than 6 
     months before the date of the agreement of the parties.
       Page 205, line 17, strike ``two'' and insert ``2''.
       Page 206, line 12, strike ``two'' and insert ``2''.
     Page 208, line 2, strike ``performed'' and all that follows 
     through ``without'' on line 5 and insert ``performed 
     without''.
       Page 212, line 6, after ``exceeds'' insert a comma.
       Page 218, line 7, strike ``will be'' and insert ``is''.
       Page 218, line 12, strike ``will minimize'' and insert 
     ``minimizes''.
       Page 218, line 15, strike ``will result'' and insert 
     ``results''.
       Page 221, after line 12, insert the following:
       ``(d) Limitation.--The Secretary and the Panel only have 
     authority under this section with respect to matters within 
     their respective jurisdictions under this part.
       Page 222, lines 12 and 13, strike ``, through its own 
     attorneys,''.
       Page 222, line 17, strike ``of Transportation''.
       Page 222, lines 17 and 18, strike ``Intermodal Surface 
     Transportation'' and insert ``the''.
       Page 223, after line 2, insert the following:
       ``(a) In General.--
       Page 223, line 3, strike ``(a)'' and insert ``(1)''.
       Page 223, line 3, strike ``Order'' and insert ``order''.
       Page 223, move lines 3 through 9 two ems to the right.
       Move the sentence beginning on line 4 of page 224 after the 
     period on line 9 of page 223.
       Move paragraph (2) on lines 17 through 21 of page 223 after 
     line 9 on page 223.
       Page 223, strike lines 10 and 11 and insert the following:
       ``(b) Liability and Damages for Exceeding Tariff Rate.--
       Page 223, move lines 12 through 16 two ems to the left.
       Page 223, line 16, strike ``of this title''.
       Page 223, line 26, strike ``of this title''.
       Page 224, line 1, strike ``(1) or (2) of this section''.
       Page 226, strike lines 10 through 14 and insert the 
     following:
       ``(e) Attorney's Fees.--The district court shall award a 
     reasonable attorney's fee under this section. The district 
     court shall tax and collect that fee as part of the costs of 
     the action.
       
       Page 226, line 10, strike ``
       Page 227, line 6, strike ``of this title''.
       Page 227, lines 13 and 14, strike ``subsection (b)'' and 
     all that follows through ``section'' on line 15 and insert 
     ``subsections (b) and (c)''.
       Page 227, line 17, strike ``of this section''.
       Page 229, line 12, strike ``filed''.
       Page 229, line 12, strike ``of this title.''
       Page 230, strike lines 18 through 24 and insert the 
     following:
       ``(1) Limitation of liability.--A carrier may limit 
     liability imposed under subsection (a) by establishing rates 
     for the transportation of property (other than household 
     goods) under which the liability of the carrier for such 
     property (A) is limited to a value established by written or 
     electronic declaration of the shipper or by a mutual written 
     agreement between the carrier and shipper, or (B) is 
     contained in a schedule of rules and rates maintained by the 
     carrier and provided to the shipper upon request. The 
     schedule shall clearly state its dates of applicability.
       Page 231, line 11, strike the parenthetical phrase.
       Page 237, line 6, strike ``In any case'' and all that 
     follows through the period on line 12 and insert the 
     following:

     The arbitrator may determine which party shall pay the cost 
     or a portion of the cost of the arbitration proceeding.
       Page 239, line 1, strike ``motor''.
       Page 240, line 18, strike ``those types of''.
       Page 240, after line 18, insert the following:
       ``(g) Review by Secretary.--Not later than 36 months after 
     the effective date of this section, the Secretary shall 
     complete a review of the dispute settlement program 
     established under this section. If, after notice and 
     opportunity for comment, the Secretary determines that 
     changes are necessary to such program to ensure the fair and 
     equitable resolution of disputes under this section, the 
     Secretary shall implement such changes and transmit a report 
     to Congress on such changes.
       Page 241, line 4, after ``with'' insert ``section 13702 or, 
     with respect to transportation provided before the effective 
     date of this section,''.
       Page 241, line 4, strike ``of this title'' and insert a 
     comma.
       Page 241, line 7, strike ``filed''.
       Page 246, line 23, strike ``subsection (a) or (b) of''.
       Page 248, line 6, strike ``Agents and others'' and insert 
     ``Others''.
       Page 249, line 4, after ``person'' insert a comma.
       Page 252, line 9, after ``registration'' insert ``of a 
     foreign motor carrier or foreign motor private carrier''.
       Page 257, in the table of sections of subchapter II of 
     chapter 7, strike the item relating to section 725 and 
     redesignate the subsequent items accordingly.
       Page 269, lines 16 through 25, strike section 725.
       Page 270, lines 1 and 4, redesignate sections 726 and 727 
     as sections 725 and 726, respectively.
       Page 271, line 2, after ``Panel'' insert ``or the 
     Secretary''.
       Page 271, line 3, after ``Panel'' insert ``or the 
     Secretary''.
       Page 271, line 3, strike ``or times'' and insert ``and to 
     such extent''.
       Page 271, line 24, insert ``The Panel shall promptly 
     rescind all regulations established by the Interstate 
     Commerce Commission that are based on provisions of law 
     repealed and not substantively reenacted by this Act.'' after 
     ``operation of law.''.
       Page 277, after line 22, insert the following:
       (1) in section 5005(a)(4) by striking ``5201(7)'' and 
     inserting ``5201(6)'';
       Page 277, line 23, strike ``(1)'' and insert ``(2)''.
       Page 278, line 1, strike ``(2)'' and insert ``(3)''.
       Page 278, after line 5, insert the following:
       (B) in section 5201(2) by striking ``a motor common 
     carrier, or express carrier'' and inserting ``or a motor 
     carrier'';
       (C) in section 5201(4)--
       (i) by striking ``common''; and
       (ii) by striking ``permit'' and inserting ``registration'';
       (D) in section 5201(5)--
       (i) by striking ``common'' each place it appears;
       (ii) by striking ``10102(14)'' and inserting ``13102(11)''; 
     and
       (iii) by striking ``certificate of public convenience and 
     necessity'' and inserting ``registration'';
       (E) by striking paragraph (6);
       (F) by redesignating paragraphs (7) and (8) as paragraphs 
     (6) and (7), respectively;
       (G) in section 5201(6), as so redesignated, by striking 
     ``certificate of public convenience and necessity'' and 
     inserting ``certificate or registration'';
       Redesignate subsequent subparagraphs on page 278, 
     accordingly.
       Page 278, line 10, strike ``(B)'' and insert ``(H)''.
       Page 278, lines 10 and 11, strike ``paragraph,'' and all 
     that follows through the semicolon on line 12 and insert the 
     following:

     paragraph--
       (i) by striking ``Commission'' and inserting ``Panel''; and
       (ii) by striking ``motor common carrier'' each place it 
     appears and inserting ``motor carrier'';
       Page 278, line 22, strike ``and''.
       Page 279, line 2, strike the period and insert ``; and''.
       Page 279, after line 2, insert the following:
       (M) in section 5215(a) by striking ``motor common carrier'' 
     and inserting ``motor carrier''.
       Page 280, line 10, strike ``Board'' and insert ``Panel''.
       Page 282, line 5, strike ``Board'' and insert ``Panel''.
       Page 283, line 15, strike ``board'' and insert ``Panel''.
       Page 291, line 1, before ``part'' insert ``common carriers 
     of passengers under''.
       Page 291, line 3, before ``part'' insert ``carriers of 
     passengers under''.
       Page 291, line 9, strike ``11501(g)(2)'' and insert 
     ``14501(b)(2)''.

                               H.R. 2564

                       Offered By: Mr. Traficant

       Amendment No. 1: Page 36, line 11, strike ``AMENDMENT'' and 
     insert ``AMENDMENTS'', in line 13 insert ``(a) Reports.--'' 
     before ``Strike'' and insert after line 21 the following:


[[Page H 12194]]

       (b) Definitions.--
       (1) Agent of a foreign principal.--
       (A) In general.--Section 1(c) of the Foreign Agents 
     Registration Act of 1938, as amended (22 U.S.C. 611(c)), is 
     amended--
       (i) by striking ``agent of a foreign principal'' each place 
     it appears and inserting ``representative of a foreign 
     principal'';
       (ii) in paragraph (1)(iv), by striking ``and'' after the 
     semicolon at the end;
       (iii) in paragraph (2), by striking the period at the end 
     and inserting ``; and''; and
       (iv) by adding at the end the following:
       ``(3) any person who engages in political activities for 
     purposes of furthering commercial, industrial, or financial 
     operations with a foreign principal.

     For purposes of clause (1), a foreign principal shall be 
     considered to control a person in major part if the foreign 
     principal holds more than 50 percent equitable ownership in 
     such person or, subject to rebuttal evidence, if the foreign 
     principal holds at least 20 percent but not more than 50 
     percent equitable ownership in such person.''.
       (B) Further definition.--Section 1(d) of that Act (22 
     U.S.C. 611(d)) is amended to read as follows:
       ``(d) The term `representative of a foreign principal' does 
     not include--
       ``(1) any news or press service or association organized 
     under the laws of the United States or of any State or other 
     place subject to the jurisdiction of the United States, or 
     any newspaper, magazine, periodical, or other publication for 
     which there is on file with the United States Postal Service 
     information in compliance with section 3685 of title 39, 
     United States Code, published in the United States, solely by 
     virtue of any bona fide news or journalistic activities, 
     including the solicitation or acceptance of advertisements, 
     subscriptions, or other compensation therefor, so long as it 
     is at least 80 percent beneficially owned by, and its 
     officers and directors, if any, are citizens of the United 
     States, and such news or press service or association, 
     newspaper magazine, periodical, or other publication, is not 
     owned, directed, supervised, controlled, subsidized, or 
     financed, and none of its policies are determined by any 
     foreign principal defined in subsection (b) of this section, 
     or by any representative of a foreign principal required to 
     register under this Act; or
       ``(2) any incorporated, nonprofit membership organization 
     organized under the laws of the United States or of any State 
     or other place subject to the jurisdiction of the United 
     States that is registered under section 308 of the Federal 
     Regulation of Lobbying Act and has obtained tax-exempt status 
     under section 501(c) of the Internal Revenue Code of 1986 and 
     whose activities are directly supervised, directed, 
     controlled, financed, or subsidized in whole by citizens of 
     the United States.''.
       (2) Political promotional or informational materials.--
     Section 1(j) of that Act (22 U.S.C. 611(j)) is amended--
       (A) in the matter preceding clause (1), by striking 
     ``propaganda'' and inserting ``promotional or informational 
     materials''; and
       (B) in clause (1), by striking ``prevail upon, 
     indoctrinate, convert, induce, or in any other way'' and 
     inserting ``in any way''.
       (3) Political activities.--Section 1(o) of that Act (22 
     U.S.C. 611(o)) is amended--
       (A) by striking ``prevail upon, indoctrinate, convert, 
     induce, persuade, or in any other way'' and inserting ``in 
     any way''; and
       (B) by striking ``or changing the domestic or foreign'' and 
     inserting ``enforcing, or changing the domestic or foreign 
     laws, regulations, or''.
       (4) Political consultant.--Section 1(p) of that Act (22 
     U.S.C. 611(p)) is amended--
       (A) by inserting ``(1)'' after ``any person''; and
       (B) by inserting before the semicolon at the end the 
     following: ``, or (2) who distributes political promotional 
     or informational materials to an officer or employee of the 
     United States Government, in his or her capacity as such 
     officer or employee''.
       (5) Serving predominantly a foreign interest.--Section 1(q) 
     of that Act (22 U.S.C. 611(q)) is amended--
       (A) by striking ``and'' at the end of clause (ii) of the 
     proviso; and
       (B) by inserting before the period at the end the 
     following: ``, and (iv) such activities do not involve the 
     representation of the interests of the foreign principal 
     before any agency or official of the Government of the United 
     States other than providing information in response to 
     requests by such agency or official or as a necessary part of 
     a formal judicial or administrative proceeding, including the 
     initiation of such a proceeding.''.
       (c) Supplemental Registration.--Section 2(b) of that Act 
     (22 U.S.C. 612(b)) is amended--
       (1) in the first sentence by striking ``, within thirty 
     days'' and all that follows through ``preceding six months' 
     period'' and inserting ``on January 31 and July 31 of each 
     year file with the Attorney General a supplement thereto 
     under oath, on a form prescribed by the Attorney General, 
     which shall set forth regarding the six-month periods ending 
     the previous December 31, and June 30, respectively, or, if a 
     lesser period, the period since the initial filing,''; and
       (2) by inserting after the first sentence the following new 
     sentence: ``Any registrant using an accounting system with a 
     fiscal year which is different from the calendar year may 
     petition the Attorney General to permit the filing of 
     supplemental statements at the close of the first and seventh 
     month of each such fiscal year in lieu of the dates specified 
     by the preceding sentence.''.
       (d) Removal of Exemption for Certain Countries.--Section 
     3(f) of that Act (22 U.S.C. 613(f)) is repealed.
       (e) Limiting Exemption for Legal Representation.--Section 
     3(g) of that Act (22 U.S.C. 613(g)) is amended by striking 
     ``or any agency of the Government of the United States'' and 
     all that follows through ``informal'' and inserting ``or 
     before the Patent and Trademark Office, including any written 
     submission to that Office''.
       (f) Notification of Reliance on Exemptions.--Section 3 of 
     that Act (22 U.S.C. 613) is amended by adding at the end the 
     following:
       ``Any person who does not register under section 2(a) on 
     account of any provision of subsections (a) through (g) of 
     this section shall so notify the Attorney General in such 
     form and manner as the Attorney General prescribes.''.
       (g) Civil Penalties and Enforcement Provisions.--Section 8 
     of that Act (22 U.S.C. 618) is amended by adding at the end 
     the following:
       ``(i)(1) Any person who is determined, after notice and 
     opportunity for an administrative hearing--
       ``(A) to have failed to file when such filing is required a 
     registration statement under section 2(a) or a supplement 
     thereto under section 2(b),
       ``(B) to have omitted a material fact required to be stated 
     therein, or
       ``(C) to have made a false statement with respect to such a 
     material fact,

     shall be required to pay for each violation committed a civil 
     penalty of not less than $2,000 and not more than $1,000,000. 
     In determining the amount of the penalty, the Attorney 
     General shall give due consideration to the nature and 
     duration of the violation.
       ``(2)(A) Whenever the Attorney General has reason to 
     believe that any person may be in possession, custody, or 
     control of any documentary material relevant to an 
     investigation regarding any violation of paragraph (1) of 
     this subsection or of section 5, the Attorney General may, 
     before bringing any civil or criminal proceeding thereon, 
     issue in writing, and cause to be served upon such person, a 
     civil investigative demand requiring such person to produce 
     such material for examination.
       ``(B) Civil investigative demands issued under this 
     paragraph shall be subject to the applicable provisions of 
     section 1968 of title 18, United States Code.''.
       (h) Change in Short Title of the Act.--Section 14 of that 
     Act (22 U.S.C. 611 note) is amended by striking ``Foreign 
     Agents Registration Act of 1938, as amended'' and inserting 
     ``Foreign Interests Representation Act''.
       (i) References to Agent of a Foreign Principal.--The 
     Foreign Agents Registration Act of 1938, as amended is 
     amended--
       (1) by striking ``agent of a foreign principal'' each place 
     it appears and inserting ``representative of a foreign 
     principal'';
       (2) by striking ``agents of foreign principals'' each place 
     it appears and inserting ``representatives of foreign 
     principals'';
       (3) by striking ``agent of such principal'' each place it 
     appears and inserting ``representative of such principal''; 
     and
       (4) by striking ``such agent'' each place it appears and 
     inserting ``such representative''.
       (j) References to Political Propaganda.--
       (1) The paragraph preceding section 1 of the Foreign Agents 
     Registration Act of 1938, as amended is amended by striking 
     ``propaganda'' and inserting ``political''.
       (2) The Foreign Interests Representation Act (other than 
     the paragraph amended by paragraph (1) of this subsection) is 
     amended by striking ``propaganda'' each place it appears and 
     inserting ``promotional or informational materials''.
       (k) References to the Act.--
       (1) Section 207(f)(2) of title 18, United States Code, is 
     amended by striking ``Foreign Agents Registration Act of 
     1938, as amended,'' and inserting ``Foreign Interests 
     Representation Act''.
       (2) Section 219 of title 18, United States Code, is 
     amended--
       (A) in subsection (a) by striking ``agent of a foreign 
     principal required to register under the Foreign Agents 
     Registration Act of 1938, as amended,'' and inserting 
     ``representative of a foreign principal required to register 
     under the Foreign Interests Representation Act''; and
       (B) in subsection (b)--
       (i) by striking ``agent of a foreign principal'' and 
     inserting ``representative of a foreign principal'';
       (ii) by striking ``such agent'' and inserting ``such 
     representative''; and
       (iii) by striking ``Foreign Agents Registration Act of 
     1938, as amended'' and inserting ``Foreign Interests 
     Representation Act''.
       (3) Section 5210(4) of the Competitiveness Policy Council 
     Act (15 U.S.C. 4809(4)) is amended--
       (A) by striking ``agent of a foreign principal'' and 
     inserting ``representative of a foreign principal''; and
       (B) by striking ``subsection (d) of the first section of 
     the Foreign Agents Registration Act of 1938 (22 U.S.C. 611)'' 
     and inserting ``section 1(d) of the Foreign Interests 
     Representation Act (22 U.S.C. 611(d)),''.
       (4) Section 34(a) of the Trading With the Enemy Act (50 
     U.S.C. App. 34(a)) is amended by striking ``Act of June 8, 
     1934 (ch. 327, 52 Stat. 631), as amended'' and inserting 
     ``Foreign Interests Representation Act''.