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1 from time to time just and reasonable car service rules, regu2 lations, and practices with respect to its rolling stock. Such 3 rules, regulations, and practices, and car distribution direc4 tions issued thereunder, shall take precedence over any con5 flicting rules, regulations, or practices established by any 6 railroad or group of railroads.

7 (f) Each railroad shall comply with such car service 8 rules, regulations, and practices as may be established, and 9 such car distribution directions as may be issued pursuant 10 to this section.

11 AUTHORITY OF THE INTERSTATE COMMERCE COMMISSION 12 SEC. 310. The Authority shall be subject to the car 13 service provisions of the Interstate Commerce Act, sections 14 1(10) through 1(17), and the orders of the Commission 15 thereunder to the extent applicable. Upon petition of any 16 person affected by any charge, rule, regulation, practice, 17 term, condition, or directive of the Authority, or upon its 18 own motion, the Commission shall make an investigation and, after a hearing, shall order any charge, rule, regulation, 20 practice, term, condition, or directive which it finds not to be 21 in conformity with this Act, or to be inconsistent with any 22 rule, order, or directive of the Commission pursuant to ap23 plicable provisions of sections 1 (10) through 1(17) of the

19

Interstate Commerce Act to be canceled, annulled, or

25 amended, as the Commission shall find to be appropriate.

30-333 074 - 19

1

2

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ACTIONS TO ENFORCE OBLIGATIONS

SEC. 311. (a) The Authority may by any appropriate

3 civil action apply to any district court of the United States

4 having jurisdiction of the parties to enforce compliance with

5

any obligation owing to it by virtue of or pursuant to any 6 provision of this title of any agreement or regulation made 7 pursuant thereto.

8 (b) If the Authority, any railroad, or other person fails

9

10

11

12

or refuses to comply with any rules, regulations, charges, or

practices established or any car distribution directions and orders issued under this title, or Commission directive to pay

charges, any district court of the United States having juris13 diction of the parties shall have jurisdiction, upon petition by 14 the Commission with respect to matters arising under section 15 310 of this Act or by the Corporation with respect to matters 16 arising under section 309 of this Act to grant such relief as may be necessary or appropriate to prevent or terminate 18 such failure or refusal.

17

19 (c) If the Authority or any railroad or other party

20

20 violates or threatens to violate any provision of this Act, or

21

any order, rule, or regulation issued thereunder, any district 22 court of the United States having jurisdiction of the parties

23 shall have jurisdiction, upon petition, or in a case involving

24

a labor agreement, upon petition by any employee affected 25 thereby, including duly authorized employee representatives,

39

1 to grant such equitable relief as may be necessary or appro

2 priate to prevent or terminate any such violation.

3

(d) Nothing contained in this section shall be construed 4 as relieving any person from any punishment, liability, or 5 sanction which may be imposed otherwise than under this 6 Act.

7

8

INTERCHANGE OF CARS

SEC. 312. (a) No railroad may refuse to transport gen9 eral service freight cars owned by the Authority, whether 10 loaded or empty, subject to applicable safety regulations, rea11 sonable interchange rules, reasonable line clearances, reason12 able weight limitations, and prevailing charges set pursuant 13 to section 309 of this Act.

14

15

16

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18

19

20

(b) No railroad shall be entitled to any compensation from the Authority for the movement of empty Authorityowned freight cars between any points on its line of railroad,

between a point on its line of railroad and a point on another

line of railroad, or as a bridge carrier between points on two or more other lines of railroad, when moving upon either a car distribution directive (1) issued by the Commission or 21 (2) issued by the Authority for the purpose of distributing 22 Authority-owned cars for loading.

REPORTS TO THE CONGRESS

SEC. 313. The Authority shall transmit to the President

and directly to the Congress, annually, commencing one year

40

1 from the date of enactment of this Act, and at such other 2 times as it deems desirable, a comprehensive and detailed 3 report on its operations, activities, and accomplishments un4 der this Act, the state of rail freight service, including an 5 annual report of the numbers of rolling stock, by classes, 6 acquired and owned by the Authority, and the numbers of 7 such stock, by classes, owned by the railroads, and shall in8 clude in such report a statement of receipts and expenditures 9 for the previous year, an explanation of the method by which 10 the amount of rolling stock purchased was determined, and 11 the criteria used in distributing rolling stock.

12

13

14

TITLE IV-GENERAL PROVISIONS

PROTECTIVE ARRANGEMENTS FOR EMPLOYEES

SEC. 401. (a) In carrying out the provisions of this 15 Act and as a condition to the execution of any contract, or 16 the insurance of any obligation, or the approval or inducement of any other action authorized under the provisions 18 of this Act, the Board, or the Secretary, or the Authority 19 shall be required to include in any of their contracts to which

17

20

a railroad or a car-pooling company is a party or a bene21 ficiary thereof, fair and equitable arrangements, as certified 22 by the Secretary of Labor, to protect the interests of individ23 ual employees affected in their employment by any such 24 contract. Such protective arrangements shall include, without being limited to, the arrangements specified in section

25

41

1

2

405 of the Rail Passenger Service Act of 1970, as amended

(45 U.S.C. 565); in section 13 of the Urban Mass Trans3 portation Act of 1964, as amended (49 U.S.C. 1609); 4 and in section 6 of the High Speed Ground Transportation 5 Act of 1965, as amended (49 U.S.C. 1636).

6

(b) In awarding contracts for the building or rebuild7 ing of rolling stock under title III of this Act, the Authority 8 shall take all necessary action to conform to prevailing prac9 tices of the railroad industry in distributing such work among 10 railroads and nonrailroads with rolling stock building and 11 rebuilding facilities. The building and rebuilding of rolling 12 stock covered by contracts awarded to the railroads shall be 13 performed with the use of the facilities and employees of 14 such railroads and not subcontracted. In carrying out the 15 provisions of this subsection the Authority shall be guided 16 by the relative proportions of rolling stock building and 17 rebuilding, respectively, performed in railroad and nonrail18 road facilities in the five calendar year period preceding 19 enactment of this Act. Any downward variations from 20 these guidelines shall not exceed 5 per centum. The total 21 number of cars and locomotives built and rebuilt, respec22 tively, in railroad and nonrailroad facilities, respectively, in 23 a calendar year need not exceed the average number of 24 built and rebuilt, respectively, in such facilities during the 25 five (5) calendar year period immediately preceding that