such action may, in the discretion of the court, recover reasonable attorney's fees to be fixed by the court, in addition to any costs allowable under the Federal Rules of Civil Procedure, and the plaintiff institut- 28 USC app. ing such action shall be required to give security, in such sum as the court deems proper, to protect the interests of the party or parties against whom any temporary restraining order, temporary injunctive, or other process is issued should it later be proven unwarranted by the facts and circumstances. "(3) In any action brought under paragraph (2) of this subsection, the Commission may notify the district court of the United States in which such action is pending that it intends to consider the matter in a proceeding before the Commission. Upon the filing of such a notice the court shall stay further action pending disposition of the proceeding before the Commission." SEC. 5. Subsection (b) of section 417 of the Interstate Commerce Act (49 U.S.C. 1017(b)) is amended by inserting “(1)" immediately after 56 Stat. 297. "(b)" and by adding at the end thereof the following new paragraph: "(2) If any person operates in clear and patent violation of section 410 of this part, or any rule, regulation, requirement, or order there- 49 USC 1010. under, any person injured thereby may apply to the district court of the United States for any district where such person so violating operates, for the enforcement of such section, or of such rule, regula tion, requirement, or order. The court shall have jurisdiction to 79 STAT. 650. enforce obedience thereto by a writ of injunction or by other process, 79 STAT. 651. mandatory or otherwise, restraining such person, his or its officers, agents, employees, and representatives from further violation of such section or of such rule, regulation, requirement, or order; and enjoining upon it or them obedience thereto. A copy of any application for relief filed pursuant to this paragraph shall be served upon the Commission and a certificate of such service shall appear in such application. The Commission may appear as of right in any such action. The party who or which prevails in any such action may, in the discretion of the court, recover reasonable attorney's fees to be fixed by the court, in addition to any costs allowable under the Federal Rules of Civil Procedure, and the plaintiff instituting such action shall be required to give security, in such sum as the court deems proper, to protect the interests of the party or parties against whom any temporary restraining order, temporary injunctive or other process is issued should it later be proven unwarranted by the facts and circumstances. "(3) In any action brought under paragraph (2) of this subsection, the Commission may notify the district court of the United States in which such action is pending that it intends to consider the matter in a proceeding before the Commission. Upon the filing of such a notice the court shall stay further action pending disposition of the proceeding before the Commission." SEC. 6. (a) Paragraph (2) of section 204a of the Interstate Com- Recovery of repmerce Act (49 U.S.C. 304a) is amended to read as follows: arations and "(2) For recovery of reparations, action at law shall be begun overcharges. against common carriers by motor vehicle subject to this part within 63 Stat. 280. two years from the time the cause of action accrues, and not after, and for recovery of overcharges, action at law shall be begun against common carriers by motor vehicle subject to this part within three years from the time the cause of action accrues, and not after, subject to paragraph (3) of this section, except that if claim for the overcharge has been presented in writing to the carrier within the three-year 63 Stat. 280; 72 Stat. 860. "Reparations." 49 Stat. 558. 49 USC 316. 63 Stat. 282; 72 Stat. 860. 79 STAT. 651. 79 STAT. 652. "Reparations." 56 Stat. 288. 49 USC 1006. 54 Stat. 929. period of limitation said period shall be extended to include six months from the time notice in writing is given by the carrier to the claimant of disallowance of the claim, or any part or parts thereof, specified in the notice." (b) Section 204a of the Interstate Commerce Act (49 U.S.C. 304a) is amended by redesignating paragraphs (5), (6), and (7) as paragraphs (6), (7), and (8), respectively, and by inserting immediately after paragraph (4) thereof the following: "(5) The term 'reparations as used in this section means damages resulting from charges for transportation services to the extent that the Commission, upon complaint made as provided in section 216(e) of this part, finds them to have been unjust and unreasonable, or unjustly discriminatory or unduly preferential or unduly prejudicial." SEC. 7. (a) Paragraph (2) of section 406a of the Interstate Commerce Act (49 U.S.Č. 1006a) is amended to read as follows: "(2) For recovery of reparations, action at law shall be begun against freight forwarders subject to this part within two years from the time the cause of action accrues, and not after, and for recovery of overcharges, action at law shall be begun against freight forwarders subject to this part within three years from the time the cause of action accrues, and not after, subject to paragraph (3) of this section, except that if claim for the overcharge has been presented in writing to the freight forwarder within the three-year period of limitation said pericd shall be extended to include six months from the time notice in writing is given by the freight forwarder to the claimant of disallowance of the claim, or any part or parts thereof, specified in the notice." (b) Section 406a of the Interstate Commerce Act (49 U.S.C. 1006a) is amended by redesignating paragraphs (5), (6), and (7) as paragraphs (6), (7), and (8), respectively, and by inserting immediately after paragraph (4) thereof the following: "(5) The term 'reparations' as used in this section means damages resulting from charges for transportation services to the extent that the Commission, upon complaint made as provided in section 406 of this part, finds them to have been unjust and unreasonable, or unjustly discriminatory or unduly preferential or unduly prejudicial.” SEC. 8. (a) Part III of the Interstate Commerce Act is amended by 49 USC 901-923. inserting immediately after section 312 the following new section: 49 USC 905. 49 USC 904. "REVOCATION OF CERTIFICATES AND PERMITS "SEC. 312a. (1) Certificates and permits shall be effective from the date specified therein, and shall remain in effect until suspended or revoked as provided in this section. "(2) Any certificate or permit issued under this part may, upon application of the holder thereof, in the discretion of the Commission, be amended or revoked, in whole or in part, or may, upon complaint, or on the Commission's own initiative, after reasonable notice and opportunity for hearing, be suspended, changed, or revoked, in whole or in part, for willful failure to comply with the provisions of section 305 (a) with respect to performing, providing, and furnishing transportation upon reasonable request therefor: Provided, however, That no such certificate or permit shall be suspended, changed, or revoked under this paragraph (except upon application of the holder) unless the holder thereof, fails to comply, within a reasonable time, not less than thirty days, to be fixed by the Commission, with a lawful order of the Commission, made as provided in section 304 (e) of this title, command 79 STAT. 652 ing obedience to the provisions of section 305 (a) with respect to per- 54 Stat. 934. forming, providing, and furnishing transportation upon reasonable 49 USC 905. request therefor." (b) The table of contents in section 301 of the Interstate Commerce Act, as amended (49 U.S.C. 901), is amended by inserting immediately after and below "Sec. 312. Transfer of certificates and permits." the following: "Sec. 312n. Revocation of certificates and permits.”. Approved September 6, 1965. LEGISLATIVE HISTORY: HOUSE REPORTS: No. 253 (Comm. on Interstate & Foreign Commerce) and SENATE REPORT No. 387 accompanying S. 1727 (Comm. on Commeroe). May 6: Considered and passed House. July 9: Considered and passed Senate, amended, in lieu of S. 1727. Aug.19: House agreed to conference report. 89th Congress, H. R. 4822 An Act To authorize the prosecution of a transit development program for the National Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SHORT TITLE 79 STAT. 663 National Capital SECTION 1. This Act may be cited as the "National Capital Trans- 40 USC 651 note. portation Act of 1965" STATEMENT OF FINDINGS AND PURPOSES SEC. 2. To further the objectives of the Act of July 14, 1960, the Congress hereby finds and declares that (a) A coordinated system of rail rapid transit, bus transportation service, and highways is essential in the National Capital region (as defined in section 103 of the National Capital Transportation Act of 1960 (74 Stat. 537)) for the satisfactory movement of people and goods, the alleviation of present and future traffic congestion, the economic welfare and vitality of all parts of the region, the effective performance of the functions of the United States Government located within the region, the orderly growth and development of the region, the comfort and convenience of the residents and visitors to the region, and the preservation of the beauty and dignity of the Nation's Capital. (b) Such a coordinated system should be developed cooperatively by the Federal, State, and local governments of the National Capital region as part of a balanced system of transportation utilizing to their best advantage highways and other transit facilities, and the cost of improved mass transit facilities should be financed, as far as possible, by persons using or benefiting from such facilities and their remaining costs should be shared equitably among the Federal, State, and local governments. (c) Various steps have already been taken to bring such a system into being, including the preparation by the National Capital Transportation Agency (hereinafter referred to as the "Agency") of a Transit Development Program for the National Capital region, and authorization of the negotiation by the Board of Commissioners of the District of Columbia, the State of Maryland and the Commonwealth of Virginia of an interstate compact to establish a regional transportation organization under the terms of title III of the National Capital Transportation Act of 1960 (74 Stat. 544), and approval by the Congress of the Washington Metropolitan Area Transit Regulation Compact (74 Stat. 1031 and 76 Stat. 764). Nothing in this Act shall be construed as altering D. C. Code 1or amending the Washington Metropolitan Area Transit Regula- 1410 note. tion Compact. (d) While the negotiation of an interstate compact to establish a regional transportation organization has not been completed, and plans for the development of improved mass transit facilities throughout the National Capital region are still being developed, the Agency has prepared a satisfactory Transit Development Program for the establishment, principally within the District of Columbia, of a system of rail rapid transit lines and related facilities which are capable of being extended to serve other parts of the region, and the design and construction of such 79 STAT. 664 40 USC 651 note. facilities should now proceed as contemplated by the National Capital Transportation Act of 1960. (e) In developing such improved transportation facilities, it is necessary that the operation of rail rapid transit and bus services be coordinated, and that the creation and operation of public rail rapid transit facilities be accomplished with the least possible adverse effect on the private companies transporting persons in the National Capital region, on their employees, and on persons, families and businesses displaced by the construction of such facilities. FACILITIES AUTHORIZED SEC. 3. (a) In accordance with section 204 (c) of the National Capital Transportation Act of 1960 (40 U.S.C. 664 (c) ; 74 Stat. 540), the Agency is hereby authorized, subject to the availability of funds, to design, engineer, construct, equip, and take other action as authorized in this Act necessary to provide for the establishment of the system of rail rapid transit lines and related facilities described in the Agency's report entitled "Rail Rapid Transit for the Nation's Capital, January 1965", transmitted to the Congress by the President on February 10, 1965: Provided, That the cost of constructing and equipping such lines and facilities, excluding interest costs, shall not exceed $431,000,000. (b) The work authorized by this section shall be subject to the provisions of the National Capital Transportation Act of 1960, shall be carried out substantially in accordance with the plans and schedules contained in the aforesaid report, and shall be subject to the following: (1) No portion of any rail rapid transit line or related facility authorized hereunder shall be constructed within the United States Capitol Grounds except upon approval of the Commission for Extension of the United States Capitol. (2) All construction work performed in, on, under, or over public space in the District of Columbia under the authority of this Act shall, in the interest of public convenience and safety, be performed in accordance with schedules agreed upon, and set forth in one or more written agreements, between the Agency and the Board of Commissioners of the District of Columbia, to the end that such construction work will be coordinated with other construction work in such public space, and consistent with such agreement or agreements, the said Board of Commissioners shall so exercise its jurisdiction and control over such public space as to facilitate the Agency's use and occupation thereof for the purposes of this Act. (3) The rail rapid transit lines and related facilities authorized by this Act shall not be operated except under contract by private transit companies, private railroads, or other private persons. Such contracts shall be entered into only after formal advertisement and negotiations with all interested and qualified parties, including private mass transportation companies in the National Capital region, and only if the Secretary of Labor certifies that terms and conditions, as prescribed in section 10(e) of the Urban Mass Transportation Act of 1964 (49 U.S.C. 1609 (c); 78 Stat. 302, 307), to protect the interests of employees affected by any such contract for the operation of the facilities authorized by this Act, are specified in such contract. (4) If the contractor selected to operate the facilities authorized by this Act contracts for the construction, alteration, and/or repair of such facilities, the agency which lets the contract to operate the rail rapid transit lines and related facilities shall take such action as may be necessary to insure that all laborers and |