§10721. Government traffic
(a)(1) Except as provided in this section, the full applicable commercial rate shall be paid for transportation for the United States Government by a common carrier providing transportation or service subject to the jurisdiction of the Interstate Commerce Commission under this subtitle. Section 3709 of the Revised Statutes (41 U.S.C. 5) does not apply when transportation for the United States Government can be obtained from a common carrier lawfully operating in the area where the transportation will be provided. When prescribing rates for transportation or service by those common carriers, the Commission shall consider increased revenues those carriers receive under this subsection to reflect those increases in appropriate readjustments of their rates.
(2) Paragraph (1) of this subsection does not apply, and the law related to compensation for transportation for the United States Government in effect immediately before September 18, 1940, applies to a rail carrier if that carrier, or its predecessor in interest, received a grant of land from the United States to aid in constructing the railroad it operates but did not file a release with the Secretary of the Interior before September 18, 1941, of claims against the United States Government to, or arising out of, lands that were granted, claimed to have been granted, or claimed should have been granted to that carrier or its predecessor in interest. This paragraph does not require a rail carrier to reconvey to the United States land patented or certified to it or prevent the patent of land that the Secretary of the Interior found was sold by the carrier to an innocent purchaser for value or as preventing the patent of land listed or selected by the carrier and finally approved by the Secretary of the Interior to the extent that issuance of those patents is authorized by law.
(b)(1) A common carrier providing transportation subject to the jurisdiction of the Commission under subchapter I, II, or III of chapter 105 of this title may transport individuals for the United States Government without charge or at reduced rates. The carriers may transport custom inspectors and immigration officers without charge. A common carrier providing transportation or service subject to the jurisdiction of the Commission under chapter 105 of this title shall provide transportation for the United States Postal Service under chapters 50 and 52 of title 39, and may transport property for the United States Government, a State, or municipal government without charge or at reduced rates; except that any rates for the transportation of household goods for the United States Government shall not be predatory.
(2) Unless a carrier is advised by the United States Government that disclosure of a quotation or tender of a rate established under paragraph (1) of this subsection for transportation provided to the United States Government would endanger the national security, the carrier shall file the quoted or tendered rate, including a retroactive rate made after the transportation has been provided, concurrently, with the Commission and the department, agency, or instrumentality of the United States Government for which the quotation or tender was made or for which the proposed transportation is to be provided. A carrier may quote or tender a rate established under an agreement made and approved under section 10706 of this title, but the exemption from the antitrust laws provided by that section applies only when the filing requirements of this paragraph are met.
(3) Nothing in this subsection shall limit the Commission's authority to suspend and investigate proposed rates for the transportation of household goods for the United States Government on the basis that such rates constitute predatory practices in contravention of the transportation policy set forth in section 10101(a) of this title. However, pending final Commission action in a proceeding under section 10708 of this title to determine whether a proposed rate for the transportation of household goods for the United States Government under this subsection is predatory or not, the Commission may suspend the proposed rate under subsection (b) of such section 10708 only if it appears from specific facts shown by the verified complaint of a person that-
(A) without suspension, the proposed rate will cause substantial injury to the complainant; and
(B) it is likely that the complainant will prevail on the merits.
(c) A different policy, rule of rate making, system of accounting, method of determining costs of transportation, value of property, or rate of return may not be applied to a water carrier owned or controlled by the United States Government than is applied to a water carrier providing transportation subject to the jurisdiction of the Commission under subchapter III of chapter 105 of this title.
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In subsection (a)(1), the words "Except as provided in this section" are substituted for "Notwithstanding any other provision of law, but subject to the provisions of sections 1(7) and 22 of the Interstate Commerce Act, as amended" since the relevant parts of those sections are incorporated in this revised section. The term "rates" is substituted for "rates, fares, and charges" throughout this section in view of the definition of "rate" in section 10102 of the revised title. The words "the rate determined by the Interstate Commerce Commission as reasonable therefore shall be paid" are omitted as unnecessary in view of the restatement. The words ": Provided, however, That" are omitted as surplus. The words "may enter into contracts for the transportation of" are omitted as unnecessary. The words "When prescribing" are substituted for "in the exercise of its power to prescribe" for clarity. The words "just and reasonable" are omitted as unnecessary in view of section 10701 of the revised title. The words "shall consider" are substituted for "shall give due consideration" for clarity. The words "under this subsection" are substituted for "as a result of the enactment of section 65 of this title" in view of the restatement. The words "to shippers" are omitted as surplus.
In subsection (a)(2), the words "Paragraph (1) of this subsection does not apply, and the law related to compensation for transportation for the United States Government in effect immediately before September 18, 1940, applies" are substituted for "the provisions of law with respect to compensation for such transportation shall continue to apply to such transportation as though subsection (a) of this section had not been enacted" for clarity. The words "in the form and manner prescribed by him" are omitted as executed. The words "did not file a release . . . before September 18, 1941" are substituted for 49:65(b) (2d sentence) for clarity. The words "This paragraph does not require" are substituted for "Nothing in this section shall be construed as requiring" are being more precise. The word "heretofore" is omitted as surplus.
In subsection (b), the words "transportation" and "rate" are substituted for "carriage, storage, or handling of property" and "rate, charge or fare" in view of the definitions of "transportation" and "rate" in section 10102 of this revised title.
In subsection (b)(1), the words "A common carrier providing transportation or service subject to the jurisdiction of the Interstate Commerce Commission under chapter 105 of this title" are substituted for the text of the provisos of 49:317(b), 906(c), and 1005(c) for clarity. The words "shall provide transportation for the United States Postal Service under chapters 50 and 52 of title 39" are added to conform 49:1(7) with title 39.
In subsection (b)(2), the words "Unless a carrier is advised by" are substituted for "The provisions of this paragraph . . . shall not apply to . . . as indicated" for clarity. The words "department, agency, or instrumentality of the United States Government for which the quotation or tender was made" are substituted for "any agency or department thereof, for whose account the quotations or tenders are offered" for clarity. The words "for the transportation, storage, or handling of property or the transportation of persons free or at reduced rates" in 49:22(2) are omitted as unnecessary in view of the restatement. The words "for transportation provided to the United States" are added for clarity. The words "including a retroactive rate made after the transportation has been provided" are substituted for "including . . . those for retroactive application whether negotiated or renegotiated after the services have been performed" for clarity. The words "shall be in writing or confirmed in writing" are omitted as unnecessary in view of the restatement. The words "the carrier shall" are substituted for "shall be submitted . . . by the carrier or carriers offering such tenders or quotations" for consistency. The words "in the manner specified by the Commission" are omitted as unnecessary in view of the general power of the Commission to prescribe regulations to carry out this subtitle in section 10321. The last sentence is substituted for "and only upon the submittal of such a quotation or tender made pursuant to an agreement approved by the Commission under section 5b or section 5c shall the provisions of paragraph (9) of such section 5b or paragraph (8) of such section 5c apply" for clarity in view of section 10706 of the revised title. The words "(a) was made prior to August 31, 1957, or (b) is on or after August 31, 1957, made" are omitted as executed. The 3d sentence of 49:22(2) is omitted as unnecessary in view of section 10303(b) of the revised title.
In subsection (c), the words "A different policy . . . may not be applied to" are substituted for "In the application of the provisions of this chapter . . . no different policy . . . shall be applied" as being more precise.
Amendments
1994-Subsec. (a)(1).
1980-Subsec. (b)(1).
Subsec. (b)(3).
Section Referred to in Other Sections
This section is referred to in sections 11126, 11905 of this title; title 31 section 3726.