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[EX Q]: SECTION 1. SHORT TITLE.

This Act may be cited as the ''Mortgage Fairness Act''.

SEC. 2. COMMUNITY SUPPORT OBLIGATIONS OF MORTGAGE BANKS.

(a) In General.--Each mortgage bank shall have an ongoing
responsibility to meet the credit needs of all the communities in which
such bank makes a significant number of extensions of credit or extends
a significant amount of credit, including extensions of credit in low-
and moderate-income neighborhoods of such communities.
(b) Definitions.--For purposes of this Act, the following
definitions shall apply:
(1) Mortgage bank.--The term ''mortgage bank'' means any
lender who does not accept deposits and originates housing
related loans.
(2) Office.--The term ''Office'' means the Office of
Mortgage Bank and Insurance Supervision established by the
Secretary of Housing and Urban Development pursuant to section
3.
(3) Secretary.--The term ''Secretary'' means the Secretary
of Housing and Urban Development.

SEC. 3. ESTABLISHMENT OF OFFICE OF MORTGAGE BANK AND INSURANCE
SUPERVISION.

The Secretary of Housing and Urban Development shall establish
within the Department of Housing and Urban Development an office to be
known as the Office of Mortgage Bank and Insurance Supervision to
evaluate the community support performance of mortgage banks and
mortgage insurance companies.

SEC. 4. MORTGAGE BANK COMMUNITY SUPPORT STATEMENTS.

(a) In General.--The Office shall, on a biennial basis, require
each mortgage bank to submit to the Office a community support
statement, detailing the efforts of such bank at meeting the housing
credit needs of each community in which the bank makes a significant
number of extensions of credit or extends a significant amount of
credit, including extensions of credit in low- and moderate-income
neighborhoods of such communities.
(b) Contents.--The statement submitted by each mortgage bank under
subsection (a) shall include--
(1) the data required to be maintained and disclosed by the
lender under the Home Mortgage Disclosure Act of 1975 for the
previous 2 years, in a format which the Office shall establish;
(2) underwriting criteria employed by the bank for all of
the bank's housing loan products;
(3) descriptions of any activity the bank has undertaken
over the period under review to ascertain and meet identified
credit needs in low- and moderate-income neighborhoods within
communities in which the bank makes a significant number of
extensions of credit or extends a significant amount of credit,
including any partnerships formed with community-based
organizations, nonprofit developers of affordable housing, or
agencies of State or local government;
(4) details of any findings of technical or substantive
violations of the Equal Credit Opportunity Act or the Fair
Housing Act, and any settlements or judgments arising from any
such findings; and
(5) any other information the Office may require.

SEC. 5. MORTGAGE BANK COMMUNITY SUPPORT EVALUATION.

The Office shall determine whether a mortgage bank is maintaining
an adequate community support performance, based on--
(1) community support performance statements received from
mortgage banks;
(2) an analysis of the data required to be maintained and
disclosed by the lender under the Home Mortgage Disclosure Act
of 1975 for the previous 2 years with respect to metropolitan
statistical areas in which the bank originates a significant
number of home loans, which shall emphasize--
(A) the institution's market share in neighborhoods
of different racial and income characteristics;
(B) the number of applications received from
minorities and low- and moderate-income persons; and
(C) the rate at which the institutions rejects
applications from minority and white applicants;
(3) any evidence of illegal discriminatory credit
practices, including prescreening, or offering less favorable
loan products to applicants of different racial backgrounds;
and
(4) public comment, which shall be received by the agency
for not less than 90 days after the Office actively solicits
comment solicitations of comment through notice in the Federal
Register and regular communications with community based
organizations.

SEC. 6. PENALTIES FOR FINDING OF INADEQUATE COMMUNITY SUPPORT
PERFORMANCE BY MORTGAGE BANKS.

(a) Remedial Action.--If the Secretary finds that a mortgage bank
is maintaining an inadequate level of community support, the Secretary
may issue an order--
(1) requiring the bank to file a community support action
plan with the Office not more than 90 days after the finding,
which shall include concrete goals and timetables for
correcting identified deficiencies; and
(2) prohibiting the bank from using any program or product
administered by the Secretary until all identified deficiencies
are met.
(b) Cease and Desist Orders.--
(1) Issuance of order.--
(A) In general.--If the Secretary determines that
there is reasonable cause to believe that a mortgage
bank is violating, has violated, or is about to violate
an order under subsection (a) or a community support
action plan filed pursuant to such an order, the
Secretary may issue an order requiring the mortgage
bank to--
(i) cease and desist from any such
violation; and
(ii) take such affirmative action to
prevent the occurrence or the continuance of
such violation as the Secretary determines to
be appropriate.
(B) Notice of charges.--An order issued under this
paragraph shall include a notice of the charges on
which the order is based and a statement of the facts
constituting the alleged violation.
(C) Effective period.--An order issued under this
paragraph shall--
(i) become effective upon service to the
mortgagee; and
(ii) remain effective and enforceable
pursuant to the terms of the order unless
modified or rescinded by the Secretary or
pursuant to an order of a court under paragraph
(3) or in connection with the court's review of
any administrative proceedings with respect to
the order issued under this subsection.
(2) Hearing.--Any mortgage bank which receives an order
under paragraph (1) shall be afforded an opportunity for a
hearing on the record by the Secretary as soon as practicable
but not later than 20 days after the order has been served.
(3) Judicial hearing.--Within 10 days after a mortgage bank
has been served with a cease-and-desist order under this
subsection, the bank may apply to the United States district
court for the judicial district in which the home office of the
bank is located, or the United States District Court for the
District of Columbia, for an injunction setting aside,
limiting, or suspending the enforcement, operation, or
effectiveness of such order pending the completion of the
administrative proceedings pursuant to the notice of charges
served upon the bank, and such court shall have jurisdiction to
issue such injunction.
(4) Judicial enforcement.--The Secretary may apply to the
United States district court, or the United States court of any
territory, within the jurisdiction of which the home office of
the mortgagee is located, for an injunction to enforce any
effective and outstanding order issued under this subsection
and, if the court determines that there has been a violation or
threatened violation of such order, the court shall issue such
injunction.
(c) Civil Money Penalty.--
(1) Imposition of penalty.--
(A) In general.--The Secretary may impose a civil
money penalty on any mortgage bank, and any director,
officer or employee of a mortgage bank, who violates
any order issued under subsection (a) or (b).
(B) Amount of penalty.--The amount of the penalty,
as determined by the Secretary, may not exceed--
(i) in the case of a violation of an order
issued under subsection (a), $10,000 for each
month during which such violation occurs; and
(ii) in the case of a violation of an order
issued under subsection (b), $10,000 for each
day during which such violation continues.
(C) Notification to attorney general.--Before
taking action to impose a civil money penalty for a
violation under subparagraph (A), the Secretary shall
inform the Attorney General of the United States.
(2) Assessment.--
(A) Written notice.--Any penalty imposed under
paragraph (1) may be assessed and collected by the
Secretary by written notice.
(B) Finality of assessment.--If, with respect to
any assessment under subparagraph (A), a hearing is not
requested pursuant to paragraph (5) within the period
of time allowed under such paragraph, the assessment
shall constitute a final and unappealable order.
(3) Authority to modify or remit penalty.--The Secretary
may compromise, modify, or remit any penalty which the
Secretary may assess or already has assessed under paragraph
(1).
(4) Mitigating factors.--In determining the amount of a
penalty under paragraph (1) with respect to any person, the
Secretary shall take into account the appropriateness of the
penalty with respect to--
(A) the gravity of the offense;
(B) any history of previous violations by the
person;
(C) the ability of the person to pay the penalty;
(D) injury to the public;
(E) benefits received by the person as a result of
the violation;
(F) the deterrent effect of the penalty on future
violations by such person and other persons; and
(G) such other factors as the Secretary may
determine in regulations to be appropriate.
(5) Hearing.--The person against whom a civil money penalty
is assessed under paragraph (1) shall be afforded an
opportunity for a hearing on the record, if such person submits
a request for such hearing within 20 days after the issuance of
the notice of the assessment.
(6) Collection.--
(A) Referral.--If any person fails to pay an
assessment after any penalty assessed under this
subsection has become final, the Secretary shall notify
the Attorney General who shall recover the amount
assessed in the appropriate United States district
court.
(B) Appropriateness of penalty not reviewable.--In
any civil action under subparagraph (A), the validity
and appropriateness of the penalty shall not be subject
to review.
(7) Disbursement.--All penalties collected pursuant to this
subsection shall be deposited into the Treasury of the United
States.
(8) Agency procedures--The Secretary shall, by regulation,
establish standards and procedures for carrying out this
subsection.

SEC. 7. COMMUNITY SUPPORT REQUIREMENTS FOR MORTGAGE INSURANCE
COMPANIES.

(a) In General.--Each mortgage insurance company shall--
(1) report to the Office the number and total dollar amount
of each mortgage insurance policy written by the company, by
census tract, the race, gender, and income of applicants for
mortgage insurance, and the disposition of each application for
mortgage insurance;
(2) demonstrate to the Secretary adequate support for
community credit needs; and
(3) make public to any person the underwriting criteria for
any mortgage insurance the company offers.
(b) 2-Year Reporting Requirement.--At least once during each 2-year
period beginning after the date of enactment of this Act, each mortgage
insurance company shall submit a report to the Office containing the
following information:
(1) Adequacy of availability of mortgage insurance.--The
extent to which adequate mortgage insurance is available in
low- and moderate-income and minority neighborhoods within
areas in which the company writes a significant number of
mortgage insurance policies.
(2) Underwriting guidelines.--The extent to which
underwriting guidelines used by the company do not unreasonably
restrict access to low- and moderate-income families within
areas in which the company writes a significant number of
mortgage insurance policies.
(c) Duties of the Office.--The Office shall conduct biennial
community support reviews of mortgage insurance companies including
analysis of the following:
(1) The data collected by the Agency on the distribution of
the mortgage insurance company's policies by census tract and
data on the disparate treatment of applicants for mortgage
insurance based on the applicants' race, gender, and income.
(2) The underwriting criteria employed by the company and
the extent to which such criteria do not unreasonably restrict
access to credit for low- and moderate-income and minority
persons or neighborhoods.
(3) Community support statements received from the mortgage
insurance company.
(4) Any other information the Secretary may require
mortgage insurance companies to submit.
(5) Any comments received from the public on the community
support performance of the mortgage insurance company during
the period covered by the review under this paragraph.
(d) Duties of the Secretary.--The Secretary shall--
(1) solicit and accept public comment for no fewer than 90
days before issuing a finding in connection with the review of
a mortgage insurance company under subsection (c)(2); and
(2) review the community support performance of each
mortgage insurance company and determine whether the company is
providing an adequate level of community support in the areas
in which such company writes a significant number of mortgage
insurance policies.
(e) Performance Statement.--If, after reviewing any evidence, the
Secretary concludes that a mortgage insurance company is not meeting
the requirements of this section, the Secretary may require such
company to submit a statement indicating how the company expects to
improve its record of providing community support.
[EX A]: Mortgage Fairness Act - Requires each mortgage bank to meet the credit needs of all communities in which it makes a significant number of extensions of credit or extends a significant amount of credit, including extensions of credit in low- and moderate-income communities.
(Sec. 3) Directs the Secretary of Housing and Urban Development (HUD) to establish within HUD the Office of Mortgage Bank and Insurance Supervision.
(Sec. 4) Directs the Office, on a biennial basis, to require each mortgage bank to submit to it a community support statement detailing the bank's efforts at meeting the housing credit needs of the above- referenced communities.
(Sec. 5) Directs the Office to determine whether a mortgage bank is maintaining an adequate community support performance based on specified criteria.
(Sec. 6) Sets forth certain penalties against a mortgage bank that has been found to be maintaining an inadequate level of community support.
(Sec. 7) Requires each mortgage insurance company to: (1) report to the Office the total number and total dollar amount of each mortgage insurance policy written by it, by census tract, the race, gender, and income of applicants for mortgage insurance, and the disposition of each application for such insurance; (2) demonstrate to the Secretary adequate support for community credit needs; and (3) make public to any person the underwriting criteria for any mortgage insurance the company offers.
Requires the Office to conduct biennial community support reviews of mortgage insurance companies. Authorizes the Secretary to require a mortgage insurance company to submit a statement indicating how it expects to improve its record of providing community support whenever the Secretary concludes that such company is not meeting the requirements of this section.

[EX Q]: SECTION 1. SHORT TITLE.

This Act may be cited as the ''Enhanced Rescissions Act of 1993''.

SEC. 2. EXPEDITED CONSIDERATION OF CERTAIN PROPOSED RESCISSIONS.

(a) In General.--Part B of title X of the Congressional Budget and
Impoundment Control Act of 1974 (2 U.S.C. 681 et seq.) is amended by
redesignating sections 1013 through 1017 as sections 1014 through 1018,
respectively, and inserting after section 1012 the following new
section:

''expedited consideration of certain proposed rescissions

''Sec. 1013. (a) Proposed Rescission of Budget Authority.--In
addition to the method of rescinding budget authority specified in
section 1012, the President may propose, at the time and in the manner
provided in subsection (b), the rescission of any budget authority
provided in an appropriations Act. Funds made available for obligation
under this procedure may not be proposed for rescission again under
this section or section 1012.
''(b) Transmittal of Special Message.--
''(1) Not later than 3 days after the date of enactment of
an appropriation Act, the President may transmit to Congress
one or more special messages proposing to rescind all or any
part of any item of budget authority provided in that Act and
include with each special message a draft bill or joint
resolution that, if enacted, would rescind each item of budget
authority (or part thereof) proposed to be rescinded.
''(2) Each special message shall specify, with respect to
the budget authority proposed to be rescinded, the matters
referred to in paragraphs (1) through (5) of section 1012(a).
''(c) Procedures for Expedited Consideration.--
''(1)(A) Before the close of the second day of continuous
session of the applicable House after the date of receipt of a
special message transmitted to Congress under subsection (b),
the majority leader or minority leader of the House of Congress
in which the appropriation Act involved originated shall
introduce (by request) the draft bill or joint resolution
accompanying that special message. If the bill or joint
resolution is not introduced as provided in the preceding
sentence, then, on the third day of continuous session of that
House after the date of receipt of that special message, any
Member of that House may introduce the bill or joint
resolution.
''(B) The bill or joint resolution shall be referred to the
Committee on Appropriations of that House. The committee shall
report the bill or joint resolution without substantive
revision and with or without recommendation. The bill or joint
resolution shall be reported not later than the seventh day of
continuous session of that House after the date of receipt of
that special message. If the Committee on Appropriations fails
to report the bill or joint resolution within that period, that
committee shall be automatically discharged from consideration
of the bill or joint resolution, and the bill or joint
resolution shall be placed on the appropriate calendar.
''(C) A vote on final passage of the bill or joint
resolution shall be taken in that House on or before the close
of the 10th calendar day of continuous session of that House
after the date of the introduction of the bill or joint
resolution in that House. If the bill or joint resolution is
agreed to, the Clerk of the House of Representatives (in the
case of a bill or joint resolution agreed to in the House of
Representatives) or the Secretary of the Senate (in the case of
a bill or joint resolution agreed to in the Senate) shall cause
the bill or joint resolution to be engrossed, certified, and
transmitted to the other House of Congress on the same calendar
day on which the bill or joint resolution is agreed to.
''(2)(A) A bill or joint resolution transmitted to the
House of Representatives or the Senate pursuant to paragraph
(1)(C) shall be referred to the Committee on Appropriations of
that House. The committee shall report the bill or joint
resolution without substantive revision and with or without
recommendation. The bill or joint resolution shall be reported
not later than the seventh day of continuous session of that
House after it receives the bill or joint resolution. A
committee failing to report the bill or joint resolution within
such period shall be automatically discharged from
consideration of the bill or joint resolution, and the bill or
joint resolution shall be placed upon the appropriate calendar.
''(B) A vote on final passage of a bill or joint resolution
transmitted to that House shall be taken on or before the close
of the 10th calendar day of continuous session of that House
after the date on which the bill or joint resolution is
transmitted. If the bill or joint resolution is agreed to in
that House, the Clerk of the House of Representatives (in the
case of a bill or joint resolution agreed to in the House of
Representatives) or the Secretary of the Senate (in the case of
a bill or joint resolution agreed to in the Senate) shall cause
the engrossed bill or joint resolution to be returned to the
House in which the bill or joint resolution originated.
''(3)(A) A motion in the House of Representatives to
proceed to the consideration of a bill or joint resolution
under this section shall be highly privileged and not
debatable. An amendment to the motion shall not be in order,
nor shall it be in order to move to reconsider the vote by
which the motion is agreed to or disagreed to.
''(B) Debate in the House of Representatives on a bill or
joint resolution under this section shall not exceed 4 hours,
which shall be divided equally between those favoring and those
opposing the bill or joint resolution. A motion further to
limit debate shall not be debatable. It shall not be in order
to move to recommit a bill or joint resolution under this
section or to move to reconsider the vote by which the bill or
joint resolution is agreed to or disagreed to.
''(C) Appeals from decisions of the Chair relating to the
application of the Rules of the House of Representatives to the
procedure relating to a bill or joint resolution under this
section shall be decided without debate.
''(D) Except to the extent specifically provided in the
preceding provisions of this subsection, consideration of a
bill or joint resolution under this section shall be governed
by the Rules of the House of Representatives.
''(4)(A) A motion in the Senate to proceed to the
consideration of a bill or joint resolution under this section
shall be privileged and not debatable. An amendment to the
motion shall not be in order, nor shall it be in order to move
to reconsider the vote by which the motion is agreed to or
disagreed to.
''(B) Debate in the Senate on a bill or joint resolution
under this section, and all debatable motions and appeals in
connection therewith, shall not exceed 10 hours. The time shall
be equally divided between, and controlled by, the majority
leader and the minority leader or their designees.
''(C) Debate in the Senate on any debatable motion or
appeal in connection with a bill or joint resolution under this
section shall be limited to not more than 1 hour, to be equally
divided between, and controlled by, the mover and the manager
of the bill or joint resolution, except that in the event the
manager of the bill or joint resolution is in favor of any such
motion or appeal, the time in opposition thereto, shall be
controlled by the minority leader or his designee. Such
leaders, or either of them, may, from time under their control
on the passage of a bill or joint resolution, allot additional
time to any Senator during the consideration of any debatable
motion or appeal.
''(D) A motion in the Senate to further limit debate on a
bill or joint resolution under this section is not debatable. A
motion to recommit a bill or joint resolution under this
section is not in order.
''(d) Amendments Prohibited.--No amendment to a bill or joint
resolution considered under this section shall be in order in either
the House of Representatives or the Senate. No motion to suspend the
application of this subsection shall be in order in either House, nor
shall it be in order in either House to suspend the application of this
subsection by unanimous consent.
''(e) Requirement To Make Available for Obligation.--Any amount of
budget authority proposed to be rescinded in a special message
transmitted to Congress under subsection (b) shall be made available
for obligation on the day after the date on which either House defeats
the bill or joint resolution transmitted with that special message.
''(f) Definitions.--For purposes of this section--
''(1) The term 'appropriation Act' means any general or
special appropriation Act, and any Act or joint resolution
making supplemental, deficiency, or continuing appropriations.
''(2) The continuity of a session of the Congress shall be
considered as broken only by an adjournment of the Congress
sine die, and the days on which either House is not in session
because of an adjournment of more than 3 days to a day certain
shall be excluded in the computation of the periods of
continuous session referred to in subsection (c) of this
section. If a special message is transmitted under this section
during any Congress and the last session of the Congress
adjourns sine die before the expiration of 10 calendar days of
continuous session (or a special message is transmitted after
the last session of the Congress adjourns sine die), the
message shall be deemed to have been transmitted on the first
day of the succeeding Congress and the periods of continuous
session referred to in subsection (c) of this section shall
commence on the day after such first day.''.
(b) Exercise of Rulemaking Powers.--Section 904 of such Act (2
U.S.C. 621 note) is amended--
(1) by striking ''and 1017'' in subsection (a) and
inserting ''1013, and 1018''; and
(2) by striking ''section 1017'' in subsection (d) and
inserting ''sections 1013 and 1018''.
(c) Conforming Amendments.--
(1) Section 1011 of such Act (2 U.S.C. 682(5)) is amended--
(A) in paragraph (4), by striking ''1013'' and
inserting ''1014''; and
(B) in paragraph (5)--
(i) by striking ''1016'' and inserting
''1017''; and
(ii) by striking ''1017(b)(1)'' and
inserting ''1018(b)(1)''.
(2) Section 1015 of such Act (2 U.S.C. 685) (as
redesignated by section 2(a)) is amended--
(A) by striking ''1012 or 1013'' each place it
appears and inserting ''1012, 1013, or 1014'';
(B) in subsection (b)(1), by striking ''1012'' and
inserting ''1012 or 1013'';
(C) in subsection (b)(2), by striking ''1013'' and
inserting ''1014''; and
(D) in subsection (e)(2)--
(i) by striking ''and'' at the end of
subparagraph (A);
(ii) by redesignating subparagraph (B) as
subparagraph (C);
(iii) by striking ''1013'' in subparagraph
(C) (as so redesignated) and inserting
''1014''; and
(iv) by inserting after subparagraph (A)
the following new subparagraph:
''(B) he has transmitted a special message under
section 1013 with respect to a proposed rescission;
and''.
(3) Section 1016 of such Act (2 U.S.C. 686) (as
redesignated by section 2(a)) is amended by striking ''1012 or
1013'' each place it appears and inserting ''1012, 1013, or
1014''.
(d) Clerical Amendments.--The table of sections for subpart B of
title X of such Act is amended--
(1) by redesignating the items relating to sections 1013
through 1017 as items relating to sections 1014 through 1018;
and
(2) by inserting after the item relating to section 1012
the following new item:

''Sec. 1013. Expedited consideration of certain proposed
rescissions.''.
[EX A]: Enhanced Rescissions Act of 1993 - Amends the Congressional Budget and Impoundment Control Act of 1974 to allow the President to transmit to both Houses of the Congress, for expedited consideration, one or more special messages proposing to rescind all or part of any item of budget authority provided in an appropriation bill.
Requires that such special message be transmitted not later than three days after the enactment of an appropriation bill and be accompanied by a draft bill or joint resolution that would, if enacted, rescind the budget authority proposed to be rescinded.
Sets forth House and Senate procedures for the expedited consideration of such a proposal.

[EX Q]: 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 2001''.
(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. PURPOSES.

The purposes of this Act are as follows:
(1) To clarify the rail transportation policy of the United
States by requiring the Surface Transportation Board to accord
greater weight to the need for increased competition between
and among rail carriers and consistent and efficient rail
service in its decisionmaking.
(2) To eliminate unreasonable barriers to competition among
rail carriers serving the same geographic areas.
(3) To ensure reasonable rail rates for captive rail
shippers by removing unnecessary regulatory burdens from the
rate reasonableness procedures of the Surface Transportation
Board.

TITLE I--INCREASED RAIL-TO-RAIL COMPETITION

SEC. 101. FOSTERING OF RAIL-TO-RAIL COMPETITION.

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. 102. PROMOTION OF COMPETITIVE RAIL SERVICE OPTIONS.

(a) Approvals of Combinations.--Section 11324 is amended--
(1) in subsection (b)--
(A) by striking ''and'' at the end of paragraph
(4);
(B) by striking the period at the end of paragraph
(5) and inserting ''; and''; and
(C) by adding at the end the following:
''(6) means and methods to encourage and expand competition
between and among rail carriers in the region affected by the
transaction or in the national rail system.''; and
(2) in subsection (c), by inserting after the first
sentence the following: ''The Board shall impose any conditions
that the Board considers appropriate to encourage and expand
competition between and among rail carriers in the region
affected by the transaction or in the national rail system.''.
(b) Applicability.--The amendments made by this section shall apply
with respect to proceedings of the Surface Transportation Board that
are initiated on or after the effective date specified in section 401.

SEC. 103. 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 determination for the purposes of the preceding
sentence, the Board may not require 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 last
sentence and inserting ''shall establish''; and
(2) by adding at the end the following new paragraph:
''(3) In making any determination for the purposes of the first
sentence of paragraph (1), the Board may not require evidence of
anticompetitive conduct by a rail carrier from which access is
sought.''.

TITLE II--IMPROVEMENTS IN THE RATE REASONABLENESS PROCESS OF THE
SURFACE TRANSPORTATION BOARD

SEC. 201. 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. 202. SIMPLIFIED STANDARDS FOR MARKET DOMINANCE DETERMINATIONS.

Section 10707 is amended by adding at the end the following new
subsection:
''(e) The Board may not consider evidence of product or geographic
competition in making a market dominance determination under this
section.''.

SEC. 203. REVIEW OF RATES.

(a) 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) of this title, 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.''.
(b) Burden of Proof.--
(1) Proving reasonableness.--Section 10701(d), as amended
by subsection (a), is further amended by adding at the end the
following new paragraphs:
''(4) In the determining of whether a rate established by a rail
carrier is reasonable for the purposes of this subsection, the rail
carrier shall have the burden of proving that the maximum rate set
forth in the complainant's evidence does not exceed the reasonable
maximum rate.
''(5) The sequence for the presentation of evidence by the
complainant and the defendant that is provided under the rules of the
Board governing the procedural schedule for cases under this
subsection, as in effect on the date of the enactment of the Railroad
Competition Act of 2001, shall apply in such cases.''.
(2) Applicability.--The amendment made by this section
shall apply with respect to proceedings of the Surface
Transportation Board that are initiated on or after the
effective date specified in section 401.

TITLE III--IMPROVEMENTS IN THE OVERSIGHT OF THE RAIL INDUSTRY AND IN
THE OPERATION OF THE SURFACE TRANSPORTATION BOARD

SEC. 301. 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 ensure 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. 302. ADEQUACY OF REVENUE.

(a) Repeal of Authority To Establish Revenue Standards and
Procedures.--Section 10704(a) is amended by striking paragraphs (2) and
(3).
(b) Conforming Amendments.--
(1) Rail transportation policy.--Section 10101 is amended
by striking '', as determined by the Board'' in paragraph (3)
of subsection (a), as designated by section 3(1).
(2) Reasonableness of rates.--Section 10701(d)(2) is
amended by striking '', as established by the Board under
section 10704(a)(2) of this title''.
(3) Clerical amendment.--Section 10704(a), as amended by
subsection (a), is further amended by striking ''(1)'' after
''(a)''.

SEC. 303. ARBITRATION.

(a) Authority.--Chapter 105 is amended by adding at the end the
following new section:
''Sec. 10503. Arbitration of qualifying controversies
''(a) Authority.--(1) Subject to subsection (b), disputes subject
to the statutory jurisdiction of the Board that involve the
reasonableness of rates or other charges or the provision of service
may be resolved under the alternative dispute resolution process
prescribed by the Board for the arbitration of such disputes upon the
election of a party filing with the Board a written complaint regarding
the rates, charges, or service, as the case may be.
''(2) Discovery shall be authorized in a case submitted to
arbitration under this section if requested by a party to the
arbitration.
''(b) Disputes Involving Rates and Other Charges.--In an
arbitration of a dispute on a rate or other financial charge under the
process applied under subsection (a), each party to the dispute shall
submit to the arbitrator the party's final proposal regarding what
level of rate or charge is appropriate. All such proposals shall be
submitted simultaneously. The arbitrator shall select one of the
submitted proposals, without modification, to be the arbitrator's final
decision on the disputed rate or charge.
''(c) Judicial Review.--(1) The district courts of the United
States shall have jurisdiction to review the final decision of an
arbitrator in a proceeding conducted under subsection (a).
''(2) An action for review of a final decision of an arbitrator
referred to in paragraph (1) may be brought only in the district court
of the United States for the district in which the party electing the
arbitration under subsection (a) has its principal place of business.
''(3) An action for review of the final decision of an arbitrator
may not be commenced under this subsection more than 30 days after the
date on which the arbitrator issues the decision.
''(4) In an action brought under this subsection for review of the
decision of an arbitrator, the district court may--
''(A) vacate the decision on any ground set forth in
section 10 of title 9; or
''(B) modify or correct the decision on any ground set
forth in section 11 of title 9.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:

''10503. Arbitration of qualifying controversies.''.

SEC. 304. RAIL CARRIER SERVICE QUALITY PERFORMANCE REPORTS.

(a) In General.--Chapter 111 is amended by adding at the end of
subchapter III the following new section:
''Sec. 11146. Service quality reports
''(a) Monthly Report of Carriers.--(1) Regulations prescribed by
the Secretary of Transportation shall require each rail carrier to
submit to the Secretary a monthly report on the quality of the service
provided by the rail carrier.
''(2) The report shall contain, for the month covered by the
report, information about--
''(A) the carrier's on-time performance;
''(B) the carrier's car availability deadline performance;
''(C) the average speed at which the carrier's trains were
operated;
''(D) the average time that the carrier's trains dwelled in
terminals;
''(E) the number of the carrier's cars that were loaded
(expressed separately for each major commodity group); and
''(F) any other aspects of the carrier's performance (as a
rail carrier) that the Secretary may require.
''(3) The information shall be set forth in the monthly report in a
uniform format prescribed by the Secretary.
''(b) Availability of Monthly Report to Board and Public.--(1) The
Secretary shall furnish a copy of the monthly reports of rail carriers
to the Surface Transportation Board not later than the next business
day following receipt by the Secretary.
''(2) The Secretary shall make the monthly reports of rail carriers
available to the public.
''(c) Annual Report to Congress.--The Secretary shall transmit to
Congress an annual report containing a summary and discussion of the
information in the reports submitted under this section to the
Secretary for the months of the year covered by the annual report.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
11145 the following:

''11146. Service quality reports.''.

SEC. 305. 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 Surface Transportation 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 Surface
Transportation 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 Board shall assess the overall level of
rail-to-rail competition in the rail carrier industry in the United
States. In making the assessment, the Board 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 Board'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 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 Surface Transportation 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 Surface Transportation 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 effective date specified
in section 401.

TITLE IV--EFFECTIVE DATES

SEC. 401. EFFECTIVE DATE.

Except as provided in section 402, this Act and the amendments made
by this Act shall take effect on October 1, 2001.

SEC. 402. EXCEPTIONS.

The following provisions shall take effect on the date of the
enactment of this Act:
(1) Section 303 and the amendments made in that section.
(2) Section 305.
[EX A]:
Railroad Competition Act of 2001 - Amends Federal transportation law to require a rail carrier, upon a shipper's request, to establish a rail transportation rate and provide service requested by the shipper between any two points on the carrier's system where traffic originates, terminates, or may reasonably be interchanged.Requires the Surface Transportation Board, in a proceeding to approve the merger or control of at least two Class I railroads, to: (1) consider means and methods to encourage and expand competition between and among rail carriers in the affected region or in the national rail system; and (2) impose any conditions appropriate to encourage and expand such competition.Changes from discretionary to mandatory the Board's authority to require: (2) the use of certain rail carrier-owned terminal facilities by another carrier under specified conditions; and (2) rail carriers to enter into reciprocal switching agreements where they are necessary to provide competitive rail service.Limits the amount the Board may charge for the filing of relief requests. Revises requirements for Board market dominance determinations and reasonableness determinations in rail rate proceedings.Declares primary objectives for U.S. rail transportation policy, including: (1) ensuring effective competition among rail carriers; and (2) maintaining reasonable rail rates in the absence of effective competition.Repeals the Board's authority to establish standards for establishing revenue levels and determining adequacy of revenues for rail carriers.Authorizes arbitration of disputes involving the reasonableness of rail rates or provision of service.Directs the Secretary of Transportation to: (1) require rail carriers to file monthly service quality reports; and (2) conduct triennial studies of rail carrier competition and the processes of the Board.