12 1 a holder from the date as of which such contract or commit 2 ment is entered into, except for fraud, duress, mutual mistake 3 of fact, or material misrepresentation on the part of such 4 holder. 5 6 MODIFICATIONS SEC. 107. The Board may consent to the modification 7 of the provisions of an equipment obligation as to rate of 8 interest, time of payment of interest or principal, security, 9 or the terms and conditions of any contract or commitment 10 of insurance which it shall have entered into pursuant to 11 this Act whenever it finds in writing that such modification 12 is equitable. However, such consent shall not be given unless 13 any consent of the holder, which may be required pursuant 14 to the provisions of any equipment obligation, shall have first 15 been obtained. 16 GENERAL ACCOUNTING OFFICE AUDIT 17 SEC. 108. (a) The transactions of the Board may be 18 audited by the Comptroller General of the United States in 19 accordance with such rules and regulations as may be pre20 scribed by the Comptroller General. The representatives of 21 the Comptroller General shall have access to all books, ac22 counts, records, reports, files, and other papers, things, or 23 property belonging to or in use by the Board pertaining to 24 its financial transactions and necessary to facilitate an audit, 25 and they shall be afforded full facilities for verifying trans 13 1 actions with the balances or securities held by depositories, 2 fiscal agents, and custodians. All such books, accounts, rec3 ords, reports, files, papers, and property of the Board shall 4 remain in possession and custody of the Board. 5 6 (b) To the extent the Comptroller General deems nec essary in connection with such audits as he may make of the 7 financial transactions of the Board, pursuant to subsection 8 9 (a), his representatives shall have access to all books, ac counts, records, reports, files, and other papers, things, or 10 property belonging to or in use by any obligor for which the 11 Board has insured an equipment obligation. pertaining to 12 such obligor's financial transactions and necessary to facili13 tate the audit, and such representatives shall be afforded full 14 facilities for verifying transactions with the balances or se15 curities held by depositories, fiscal agents, and custodians. 16 All such books, accounts, records, reports, files, papers, and 17 property of such obligor remain in the possession and custody 18 of the obligor. 19 (c) A report of each such audit shall be made by the 20 Comptroller General to the Congress. The report to the Con21 gress shall contain such comments and information as the 22 Comptroller General may deem necessary to inform Congress 23 of the financial operations and condition of the fund, together 24 with such recommendation with respect thereto as he may 25 deem advisable. The report shall also show specifically any 14 1 program, expenditure, or other financial transaction or under2 taking observed in the course of the audit, which, in the 3 opinion of the Comptroller General, has been carried on or 4 made without authority of law. A copy of each report shall 5 be furnished to the President, to the Secretary, and to the 6 Board at the time submitted to the Congress. 7 8 TITLE II-TO IMPROVE UTILIZATION NATIONAL ROLLING STOCK INFORMATION SYSTEM 9 SEC. 201. (a) The Secretary is authorized to design a 10 national rolling stock information system and to contract 11 with and provide technical and financial assistance to in12 dividual railroads or a group of railroads working together, 13 shall include recommendations for such additional funding 14 as may be necessary to make the national system fully 15 effective. 17 16 (c) Persons contracting with the Secretary with respect to the design of a national or individual rolling stock infor18 mation system or the use of information supplied by such 19 system shall be and are hereby relieved from prohibitions of 20 the antitrust laws of the United States, with respect to such 21 contracts, to the extent necessary to facilitate carrying out 22 the purposes of this Act. 23 (d) There is authorized to be appropriated to the Sec24 retary out of money in the Treasury not otherwise appro25 priated, the sum of $10,000,000 for purposes of this sec 15 1 tion, such amount to remain available for one year after 2 the date of enactment of this Act. 3 (e) If, not later than one year after such date, the Sec4 retary finds that a practical design for a national rolling 5 stock information system has been completed and that such 6 design can be implemented so as to produce information 7 useful for significantly improved utilization of rolling stock 8 in the near future, there is authorized to be appropriated 9 to the Secretary out of money in the Treasury not otherwise 10 appropriated, the sum of $15,000,000 for the purpose of 11 assisting individual railroads or a group of railroads working 12 together to implement such design, such amount to remain 13 available for one year after the Secretary makes such finding. 11 (f) If, not later than two years after such date, the 15 Secretary finds that substantial progress has been made 16 toward completion of a national rolling stock information 17 system, there is authorized to be appropriated to the Secre18 tary out of money in the Treasury not otherwise appropri19 ated, the sum of $10,000,000 for the purpose of completing 20 such system, such amount to remain available for one year 21 after such finding. UTILIZATION INDEX AND REPORT 23 SEC. 202. Within ninety days after the date of enact24 ment of this Act, the Secretary shall develop an index 25 measuring the degree of utilization of freight cars. The Sec 16 1 retary shall compile data required by such index and shall 2 publish such index at least once each quarter together with 3 a report setting forth the changes in such utilization and the 4 5 6 causes thereof. INTERSTATE COMMERCE COMMISSION REPORT SEC. 203. The Interstate Commerce Commission shall 7 publish a report on utilization of freight cars thirty days 8 after each report by the Secretary pursuant to section 201. 9 Each report by the Commission shall give consideration to 10 the latest report by the Secretary. 11 12 DEPARTMENT OF TRANSPORTATION STUDY SEC. 204. (a) The Secretary shall prepare a study on 13 the utilization of freight cars and means to improve such 14 utilization including, but not limited to, consideration of 15 per diem and other car hire charges, demurrage, car service 16 rules and orders of the Interstate Commerce Commission and 17 of the railroads, the practice of assigning cars to specific 18 traffic or shippers, payments for use of privately owned cars, 19 and publicly and privately owned carpools. The Secretary 20 shall submit legislative recommendations based upon such 21 study within two years of the date of this Act. 22 (b) The Secretary, after consultation with the Secretary 23 of the Interior, shall prepare a study on the use of abandoned 24 railroad trackage and rights-of-way for the purpose of re25 taining such rights-of-way for use as recreational trails, paths, |