13 1 priated, the sum of $40,000,000 for purposes of this section, 2 3 4 such amount to remain available until expended. TERMINATION OF AUTHORITY SEC. 10. Except with respect to such applications, as 5 may then be pending, the authority granted by this part 6 shall terminate at the close of June 30, 1984: Provided, 7 That its provisions shall remain in effect for the limited pur 8 9 10 11 poses of guarantees made by the Secretary and any five year extensions permitted pursuant to section 7 (b) (1). SEPARABILITY CLAUSE SEC. 11. If any provision of this part or the applica12 tion thereof to any person or circumstance is held invalid, the 13 validity of the remainder of this part, and the application 14 of such provision to other persons or circumstances, shall not 15 be affected. 16 17 PART II-PURPOSE That it is the purpose of this part to protect the needs of 18 interstate commerce for railroad freight cars in the various 19 geographic regions of the United States against unusual 20 demands for the use of railroad freight cars in connection. 21 with certain large sales of grain for export, which demands 22 would, in the opinion of the Secretary of Transportation, 23 jeopardize the availability of railroad freight cars for the 24 movement of other commodities in interstate commerce. 25 SEC. 12. In any case in which any person (hereafter in 14 1 this part referred to as the "exporter") enters into a contract 2 to export grain from the United States, which contract calls 3 for the exportation of more than one million bushels of grain 4 from the harvest of any one calendar year, such person shall 5 submit to the Secretary of Transportation a plan for the 6 transportation of such grain to the United States port from 7 which it is proposed to be exported, which plan shall set 8 forth in detail the amount of grain proposed to be trans9 ported in railroad freight cars, the number of railroad freight 10 cars needed for such transportation, and the time schedule 11 within which such transportation is proposed to be carried 12 out. 13 SEC. 13. (a) As soon as practicable after receiving a plan submitted to him under section 12 of this part the Secre 14 tary of Transportation shall notify the exporter and the Secretary of Agriculture, in writing, whether such plan is approved or disapproved by the Secretary of Transportation. In any case in which the Secretary of Transportation disapproves any such plan, the written notification required by this subsection shall set forth his reasons for such disapproval, together with such recommendations as he may deem appro priate for modifications of such plan necessary to the approval 23 thereof. 24 (b) In carrying out the provisions of this section, the 25 Secretary of Transportation shall take into consideration, 12 13 14 15 16 17 18 19 20 15 (1) plans submitted to him by other exporters under section 2 of this Act; (2) the number of railroad freight cars available (3) the condition of the railroads proposed to be (4) the availability and economy of other means (5) the facilities for handling such grain at the (6) the number of railroad freight cars necessary (7) such other factors as the Secretary of Trans- (c) In carrying out the provisions of this section, the 16 1 cise their powers, duties, and functions in such manner as 2 will assist the Secretary of Transportation in carrying out 3 the provisions of this Act. 4 SEC. 14. Notwithstanding any other provision of law, 5 the Secretary of Agriculture shall suspend any export pay6 ment to any person in connection with the exportation of 7 any grain from the United States in any case in which the 8 Secretary of Transportation notifies the Secretary of Agri9 culture that such person has submitted a plan under section 10 12 of this part, which plan is not approved by the Secretary 11 of Transportation in accordance with section 13 of this part. 12 Such suspension shall continue until the Secretary of Trans13 portation notifies the Secretary of Agriculture, in accordance 14 with such section 13, that such person has submitted a plan 15 under such section 12 in connection with the exportation of 16 such grain and that such plan is approved by the Secretary 17 of Transportation. 18 SEC. 15. The Secretary of Transportation and the Secre19 tary of Agriculture are authorized to issue such regulations 20 as they may deem appropriate to carry out the provisions 21 of this part. 22 23 PENALTY FOR VIOLATION SEC. 16. Any person, partnership, or corporation who 24 ships wheat for which an authorization from the Secretary 25 of Transportation is required by this part without having 1 17 1 obtained the Secretary's approval of his plan to so ship shall 2 forfeit and pay to the United States a civil penalty of not less 3 than $5,000 nor more than $10,000 for each violation, which 4 shall accrue to the United States and may be recovered in a 5 civil action brought by the United States. Each separate 6 violation of this act shall be a separate offense. 7 8 SEPARABILITY CLAUSE SEC. 17. If any provision of this part of the application 9 thereof to any person or circumstance is held invalid, the 10 validity of the remainder of this part, and the application 11 of such provision to other persons or circumstances, shall not 12 be affected. 14 15 SEC. 18. That section 1 (15) of the Interstate Com merce Act (49 U.S.C. 1(15)) is amended by inserting 16 after "or other emergency requiring immediate action ex17 ists" a comma and the following: "or is or may be immi18 nent,". 19 20 222 SEPARABILITY CLAUSE SEC. 19. If any provision of this part or the applica tion thereof to any person or circumstance is held invalid, the 22 validity of the remainder of this part, and the application 23 of such provision to other persons or circumstances, shall not 24 be affected. |