[Congressional Record Volume 141, Number 188 (Tuesday, November 28, 1995)]
[Senate]
[Pages S17669-S17671]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                          AMENDMENTS SUBMITTED

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         THE INTERSTATE COMMERCE COMMISSION SUNSET ACT OF 1995

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                 PRESSLER (AND EXON) AMENDMENT NO. 3063

  Mr. PRESSLER (for himself and Mr. Exon) proposed an amendment to the 
bill (S. 1396) to amend title 49, United States Code, to provide for 
the regulation of surface transportation; as follows:

       On page 256, between lines 4 and 5, insert the following:
       (c) Separated Employees.--Notwithstanding all other laws 
     and regulations, the Department of Transportation shall place 
     all Interstate Commerce Commission employees separated from 
     the Commission as a result of this Act on the DOT 
     reemployment priority list (competitive service) or the 
     priority employment list (excepted service).
       On page 281, between lines 18 and 19, insert the following:

     SEC. 217. TRANSPORT VEHICLES FOR OFF-ROAD, COMPETITION 
                   VEHICLES.

       Section 31111(b)(1) is amended--
       (1) by striking ``or'' at the end of subparagraph (C);
       (2) by striking the period at the end of subparagraph (D) 
     and inserting a semicolon and ``or''; and
       (3) by adding at the end thereof the following:
       ``(E) imposes a limitation of less than 46 feet on the 
     distance from the kingpin to the center of the rear axle on 
     trailers used exclusively or primarily in connection with 
     motorsports competition events.''.
       On page 283, strike lines 9 through 11 and insert the 
     following:
       ``(16) to provide for the expeditious handling and 
     resolution of all proceedings required or permitted to be 
     brought under the provisions of this subtitle.''.
       On page 284, between lines 18 and 19, insert the following:
       (5) by striking ``or'' at the end of subsection (b)(1);
       (6) by striking the period at the end of subsection (b)(2) 
     and inserting a semicolon and ``or'';
       (7) by adding at the end of subsection (b) the following:
       ``(3) transportation by a commuter authority, as defined in 
     section 24102 of this title, except for sections 11103, 
     11104, and 11503.'';
       On page 284, line 19, strike ``(5)'' and insert ``(8)''.
       On page 284, line 24, strike ``(6)'' and insert ``(9)''.
       On page 286, line 16, insert ``competitive'' after 
     ``other''.
       On page 288, line 22, insert ``full'' after ``a''.

[[Page S 17670]]

       On page 288, line 23, strike ``impractical.'' and insert 
     ``too costly given the value of the case.''.
       On page 298, line 14, insert ``competitive'' after 
     ``other''.
       On page 319, between lines 2 and 3, insert the following:
       (4) striking ``transaction.'' at the end of the second 
     sentence of subsection (c) and inserting ``transaction, 
     including the divestiture of parallel tracks or requiring the 
     granting of trackage rights and access to other facilities. 
     Any trackage rights and related conditions imposed to 
     alleviate anti-competitive effects of the transaction shall 
     provide for operating terms and compensation levels to ensure 
     that such effects are alleviated.'';
       On page 319, line 3, strike ``(4)'' and insert ``(5)''.
       On page 319, line 4, strike ``(5)'' and insert ``(6)''.
       On page 319, line 7, strike ``(6)'' and insert ``(7)''.
       On page 319, line 9, strike ``(7)'' and insert ``(8)''.
       On page 339, line 20, strike ``and''.
       On page 340, line 6, strike ``actions.'' and insert 
     ``actions; and''.
       On page 340, between lines 6 and 7, insert the following:
       ``(4) in regulating transportation by water carrier, to 
     encourage and promote service and price competition in the 
     non-contiguous domestic trade.
       On page 346, line 21, insert ``arranging for,'' after 
     ``including''.
       On page 346, line 23, insert ``unpacking,'' after 
     ``packing,''.
       On page 356, line 10, before ``The'' insert ``(a) General 
     Rules.--''.
       On page 357, between lines 21 and 22, insert the following:
       ``(b) Definitions.--In this section, the terms `State' and 
     `United States' include the territories, commonwealths, and 
     possessions of the United States.
       On page 360, between lines 10 and 11, insert the following:
       ``(f) The Secretary or Transportation Board, as applicable, 
     is prohibited from regulating or exercising jurisdiction over 
     the transportation by water carrier in the non-contiguous 
     domestic trade of any cargo or type of cargo or service which 
     was not subject to regulation by, or under the jurisdiction 
     of, either the Federal Maritime Commission or Interstate 
     Commerce Commission under federal law in effect on November 
     1, 1995.
       ``(g) The Secretary or Transportation Board, as applicable, 
     may not exempt a water carrier from the application of, or 
     compliance with, sections 13801 and 13702 for transportation 
     in the non-contiguous domestic trade.
       On page 361, between lines 9 and 10, insert the following:
       ``(c) A complaint that a rate, classification, rule or 
     practice in the non-contiguous domestic trade violates 
     subsection (a) of this section may be filed with the 
     Transportation Board.
       ``(d)(1) For purposes of this section, a rate or division 
     of a carrier for service in non-contiguous domestic trade is 
     reasonable if the aggregate of increases and decreases in any 
     such rate or division is not more than 7.5 percent above, or 
     more than 10 percent below, the rate or division in effect 1 
     year before the effective date of the proposed rate or 
     division.
       ``(2) The percentage specified in paragraph (1) shall be 
     increased or decreased, as the case may be, by the percentage 
     change in the Producers Price Index, as published by the 
     Department of Labor, that has occurred during the most recent 
     1-year period before the date the rate or division in 
     question first took effect.
       ``(3) The Transportation Board shall determine whether any 
     rate or division of a carrier or service in the non-
     contiguous domestic trade which is not within the range 
     described in paragraph (1) is reasonable if a complaint is 
     filed under subsection (c) of this section or section 
     13702(f)(5).
       ``(4) The Transportation Board, upon a finding of violation 
     of subsection (a) or this section, shall award reparations to 
     the complaining shipper or shippers in an amount equal to all 
     sums assessed and collected that exceed the determined 
     reasonable rate, division, rate structure or tariff. The 
     Transportation Board, upon complaint from any governmental 
     agency or authority, shall, upon a finding or violation of 
     subsection (a) of this section, make such orders as are just 
     and shall require the carrier to return, to the extent 
     practicable, to shippers all sums, plus interest, which the 
     Board finds to have been assessed and collected in violation 
     of such subsections.
       ``(e) Any proceeding with respect to any tariff, rate 
     charge, classification, rule, regulation or service that was 
     pending before the Federal Maritime Commission shall continue 
     to be heard until completion of issuance of a final order 
     thereon under all applicable laws in effect as of that date.
       On page 360, line 22, insert ``, or a rate for a movement 
     by a water carrier,'' after ``carrier''.
       On page 408, line 7, strike ``13102(9)(A),'' and insert 
     ``13102(9)(A)(i),''.
       On page 485, between lines 7 and 8, insert the following:

     SEC. 525. FIBER DRUM PACKAGING.

       (a) In General.--In the administration of chapter 51 of 
     title 49, United States Code, the Secretary of Transportation 
     shall issue a final rule within 60 days after the date of 
     enactment of this Act authorizing the continued use of fiber 
     drum packaging with a removable head for the transportation 
     of liquid hazardous materials if--
       (1) the packaging is in compliance with regulations of the 
     Secretary under the Hazardous Materials Transportation Act as 
     such Act was in effect before October 1, 1991;
       (2) the packaging will not be used for the transportation 
     of hazardous materials that include materials which are 
     poisonous by inhalation; and
       (3) the packaging will not be used in the transportation of 
     hazardous materials from a point in the United States to a 
     point outside the United States, or from a point outside the 
     United States to a point inside the United States.
       (b) Hazardous Materials Transportation Authorization Act of 
     1994.--Section 122 of the Hazardous Materials Transportation 
     Authorization Act of 1994 (49 U.S.C. 5101 note) is repealed.

     SEC. 526. TERMINATION OF CERTAIN MARITIME AUTHORITY.

       (a) Repeal of Intercoastal Shipping Act, 1933.--The Act of 
     March 3, 1933 (Chapter 199; 46 U.S.C. App. 843 et seq.), 
     commonly referred to as the Intercoastal Shipping Act, 1933, 
     is repealed effective September 30, 1996.
       (b) Repeal of Provisions of Shipping Act, 1916.--The 
     following provisions of the Shipping Act, 1916, are repealed 
     effective September 30, 1996:
       (1) Section 3 (46 U.S.C. App. 804).
       (2) Section 14 (46 U.S.C. App. 812).
       (3) Section 15 (46 U.S.C. App. 814).
       (4) Section 16 (46 U.S.C. App. 815).
       (5) Section 17 (46 U.S.C. App. 816).
       (6) Section 18 (46 U.S.C. App. 817).
       (7) Section 19 (46 U.S.C. App. 818).
       (8) Section 20 (46 U.S.C. App. 819).
       (9) Section 21 (46 U.S.C. App. 820).
       (10) Section 22 (46 U.S.C. App. 821).
       (11) Section 23 (46 U.S.C. App. 822).
       (12) Section 24 (46 U.S.C. App. 823).
       (13) Section 25 (46 U.S.C. App. 824).
       (14) Section 27 (46 U.S.C. App. 826).
       (15) Section 29 (46 U.S.C. App. 828).
       (16) Section 30 (46 U.S.C. App. 829).
       (17) Section 31 (46 U.S.C. App. 830).
       (18) Section 32 (46 U.S.C. App. 831).
       (19) Section 33 (46 U.S.C. App. 832).
       (20) Section 35 (46 U.S.C. App. 833a).
       (21) Section 43 (46 U.S.C. App. 841a).
       (22) Section 45 (46 U.S.C. App. 841c).

     SEC. 527. CERTAIN COMMERCIAL SPACE LAUNCH ACTIVITIES.

       The licensing of a launch vehicle or launch site operator 
     (including any amendment, extension, or removal of the 
     license) under chapter 701 of title 49, United States Code, 
     shall not be considered a major Federal action forpurposes of 
     section 102(C) of the National Environmental Policy Act of 
     1969 (42 U.S.C. 4332(C)) if--
       (1) the Department of the Army has issued a permit for the 
     activity; and
       (2) the Army Corps of Engineers has found that the activity 
     has no significant impact.

     SEC. 528. USE OF HIGHWAY FUNDS FOR AMTRAK-RELATED PROJECTS 
                   AND ACTIVITIES.

       Notwithstanding any other provision of law, the State of 
     Vermont may use any unobligated funds apportioned to the 
     State under section 104 of title 23, United States Code, to 
     fund projects and activities related to the provision of rail 
     passenger service on Amtrak within that State.

     SEC. 529. VIOLATION OF GRADE-CROSSING LAWS AND REGULATIONS.

       (a) Federal Regulations.--Section 31310 is amended by 
     adding at the end thereof the following:
       ``(h) Grade-crossing Violations.--
       ``(1) Sanctions.--The Secretary shall issue regulations 
     establishing sanctions and penalties relating to violations, 
     by persons operating commercial motor vehicles, of laws and 
     regulations pertaining to railroad-highway grade crossings.
       ``(2) Minimum requirements.--The regulations issued under 
     paragraph (1) shall, at a minimum, require that--
       ``(A) the penalty for a single violation is not less than a 
     60-day disqualification of the driver's commercial driver's 
     license; and
       ``(B) any employer that knowingly allows, permits, 
     authorized, or requires an employee to operate a commercial 
     motor vehicle in violation of such a law or regulation shall 
     be subject to a civil penalty of not more than $10,000.''.
       (b) Deadline.--The initial regulations required under 
     section 31310(h) of title 49, United States Code, shall be 
     issued not later than one year after the date of enactment of 
     this Act.
       (c) State Regulations.--Section 31311(a) is amended by 
     adding at the end thereof the following:
       ``(18) The State shall adopt and enforce regulations 
     prescribed by the Secretary under section 31310(h) of this 
     title.''.
       Amend the table of sections by inserting the following 
     after the item relating to section 216 of the bill:

Sec. 217. Transport vehicles for off-road, competition vehicles........

       Amend the table of sections by inserting the following 
     after the item relating to section 524 of the bill:

Sec. 525. Fiber drum packaging.........................................
Sec. 526. Termination of certain maritime authority....................
Sec. 527. Certain commercial space launch activities...................
Sec. 528. Use of highway funds for Amtrak-related projects and 
    activities.........................................................
Sec. 529. Violation of grade-crossing laws and regulations.............
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[[Page S 17671]]


                  DORGAN (AND BOND) AMENDMENT NO. 3064

  Mr. DORGAN (for himself and Mr. Bond) proposed an amendment to the 
bill S. 1396, supra; as follows:

       On page 319, strike lines 1 through 9 and insert in lieu 
     thereof the following--
       (3) striking subparagraph (E) of subsection (b)(1) and 
     inserting in lieu thereof the following--
       ``(E) whether the proposed transaction will not 
     substantially lessen competition, or tend to create a 
     monopoly in any line of commerce in any section of the 
     country.'';
       (4) striking paragraph (2) of subsection (b) and striking 
     ``(1)'' in the first paragraph of subsection (b);
       (5) striking subsection (c) and inserting in lieu thereof 
     the following--
       ``(c) The Commission shall approve and authorize a 
     transaction under this section when it finds the transaction 
     is consistent with the public interest. In making the 
     findings under subsection (b)(1)(E), the Transportation 
     Board--
       ``(1) shall request an analysis by the Attorney General of 
     the United States and shall accord substantial deference to 
     the recommendations of the Attorney General and shall approve 
     the transaction only if it finds that transaction does not 
     violate the standards set forth in subsection (b)(1)(E). The 
     transaction may not be consummated before the thirtieth 
     calendar day after the date of approval by the Transportation 
     Board. Action under the antitrust laws arising out of the 
     merger transaction may be brought only by the Attorney 
     General, and any action brought shall be commenced prior to 
     the earliest time under this subsection at which a merger 
     transaction approved under this subsection may be 
     consummated. The commencement of such an action shall stay 
     the effectiveness of the Transportation Board's approval 
     unless the court shall otherwise specifically order. In any 
     such action, the court shall review de novo the issues 
     presented. Upon consummation of a merger transaction in 
     compliance with this subsection and after termination of any 
     antitrust litigation commenced within the period prescribed 
     in this section, or upon the termination of such period if no 
     such litigation is commenced, the transaction may not 
     thereafter be attacked in any judicial proceeding on the 
     ground that it alone and of itself constituted a violation of 
     any antitrust laws other than section 2 of Title 15, but 
     nothing in this subsection shall exempt any rail carrier 
     resulting from a merger transaction approved under this 
     subsection from complying with the antitrust laws after the 
     consummation of such transaction:
       ``(2) may impose conditions governing the transaction, 
     including the divestiture of parallel tracks or requiring the 
     granting of trackage rights. Any trackage rights conditions 
     imposed to alleviate anticompetitive effects of the 
     transaction shall provide for compensation levels to ensure 
     that such effects are alleviated;
       ``(3) may approve and authorize the transaction only if it 
     finds that the guaranty, assumption, or increase is 
     consistent with the public interest, when the transaction 
     contemplates a guaranty or assumption of payment dividends or 
     of fixed charges or will result in an increase of total fixed 
     charges; and
       ``(4) may require inclusion of other rail carriers located 
     in the area involved in the transaction if they apply for 
     inclusion and the Transportation Board finds their inclusion 
     to be consistent with the public interest.'';
       (6) striking the last two sentences of subsection (d);
       (7) striking subsection (e); and
       (8) notwithstanding any other provision of this Act, 
     amendments under this section shall apply to all applications 
     pending before the Transportation Board.
                                 ______


                 BOXER (AND OTHERS) AMENDMENT NO. 3065

  Mrs. BOXER (for herself, Mr. Harkin, Mr. Bryan, Mr. Bumpers, and Mr. 
Feingold) proposed an amendment to the bill S. 1396, supra; as follows:

       At the appropriate place in the bill, insert the following 
     new section:

     SEC.    . PAY OF MEMBERS OF CONGRESS AND THE PRESIDENT DURING 
                   GOVERNMENT SHUTDOWNS.

       (a) Comparable Pay Treatment.--The pay of Members of 
     Congress and the President shall be treated in the same 
     manner and to the same extent as the pay of the most 
     adversely affected Federal employees who are not compensated 
     for any period in which appropriations lapse.
       (b) This section shall take effect December 15, 1995.
                                 ______


                        BYRD AMENDMENT NO. 3066

  Mr. BYRD proposed an amendment to the bill S. 1396, supra; as 
follows:

       At the appropriate place, insert the following new section:

     SEC.    . DESTRUCTION OF MOTOR VEHICLES OR MOTOR VEHICLE 
                   FACILITIES; WRECKING TRAINS.

       (a) Destruction of Motor Vehicles or Motor Vehicle 
     Facilities.--Section 33 of title 18, United States Code, is 
     amended by adding at the end the following new undesignated 
     paragraph:
       ``Whoever is convicted of a crime under this section 
     involving a motor vehicle that, at the time the crime 
     occurred, carried high-level radioactive waste (as that term 
     is defined in section 2(12) of the Nuclear Waste Policy Act 
     of 1982 (42 U.S.C. 10101(12)), or spent nuclear fuel (as that 
     term is defined in section 2(23) of the Nuclear Waste Policy 
     Act of 1982 (42 U.S.C. 10101(23)), shall be imprisoned for 
     not less than 30 years.''.
       (b) Wrecking Trains.--Section 1992 of title 18, United 
     States Code, is amended--
       (10 by inserting after the fourth undesignated paragraph 
     the following:
       ``Whoever is convicted of any such crime that involved a 
     train that, at the time the crime occurred, carried high-
     level radioactive waste (as that term is defined in section 
     2(12) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 
     10101(12)), or spent nuclear fuel (as that term is defined in 
     section 2(23) of the Nuclear Waste Policy Act of 1982 (42 
     U.S.C. 10101(23)), shall be imprisoned for not less than 30 
     years.''
                                 ______


                      ASHCROFT AMENDMENT NO. 3067

  Mr. ASHCROFT proposed an amendment to the bill S. 1396, supra; as 
follows:

       On page 413, after line 14, insert the following new 
     subsection:
       ``(d) The remedies provided in this part, concerning 
     matters covered by this part with respect to the 
     transportation of household goods by motor carriers are 
     exclusive and preempt the remedies provided under Federal or 
     State law.''

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