connected with the receiving, handling, transporting, storing, and delivery of property subject to the provisions of this part which may be necessary or proper to secure the safe and prompt receipt, handling, transportation, and delivery of property subject to the provisions of this part upon just and reasonable terms, and every classification, regulation, and practice resulting in less than just and reasonable minimum charges or more than just and reasonable maximum charges for the service, services, or part thereof covered thereby is prohibited and declared to be unlawful."

SEC. 4. Paragraph (1) of section 4 of the Interstate Commerce Act, as amended, is amended to read as follows:

"(1) It shall be unlawful for any common carrier subject to this part or part III to charge or receive any greater compensation in the aggregate for the transportation of passengers, or of like kind of property, for a shorter than for a longer distance over the same line or route in the same direction, the shorter being included within the longer distance, but this shall not be construed as authorizing any common carrier within the terms of this part or part III to charge or receive as great compensation for a shorter as for a longer distance: Provided, however, That such common carrier may charge less for longer than for shorter distances for the transportation of passengers or property if the charge established to or from the more distant point (a) is necessary to meet actual competition of another carrier or carriers, and (b) is not less than a just and reasonable minimum charge."

SEC. 5. The first sentence of subparagraph (b) of paragraph (11) of section 6 of the Interstate Commerce Act, as amended, is amended to read as follows: "To establish proportional rates, or just and reasonable minimum or maximum proportional rates by rail to and from the ports to which the traffic is brought, or from which it is taken by the water carrier, and to determine to what traffic and in connection with what vessels and upon what terms and conditions such rates shall apply."

SEC. 6. (a) The first sentence of paragraph (3) of section 13 of the Interstate Commerce Act, as amended, is amended by striking out "or initiated by the President during the period of Federal control," and inserting in lieu thereof "or any State service requirement (including any constitutional, statutory, administrative, or judicial requirement to provide, operate, or maintain railroad service or facilities, or the refusal or omission of any State agency or tribunal having jurisdiction, upon application, request, or notice duly presented thereto, to authorize or permit discontinuance or curtailment of such service or facilities within one hundred and eighty days after the presentation of such application),". (b) Paragraph (4) of section 13 of the Interstate Commerce Act, as amended, is amended to read as follows:

"(4) Whenever, in any such investigation the Commission, after full hearing, finds that any such rate, fare, charge, classification, regulation, or practice, causes any undue or unreasonable advantage, preference, or prejudice as between persons or localities in interstate commerce on the one hand and interstate or foreign commerce on the other hand, or any undue, unreasonable, or unjust discrimination against interstate or foreign commerce, or that any such service requirement causes or will cause a net loss in revenue to the carrier or carriers involved, or otherwise unduly burdens or will unduly burden interstate or foreign commerce, all of which are hereby forbidden and declared to be unlawful, it shall by order determine and prescribe such just and reasonable minimum or maximum rate, fare, or charge, thereafter to be charged, and the classification, regulation, practice, or service requirement thereafter to be observed: Provided, That in any such investigation involving a State service requirement the Commission shall not issue such order prescribing or requiring discontinuance or curtailment of service covered thereby unless it finds that there is or will be available to the public reasonably adequate service in lieu thereof by other carriers or modes of transport (including private carriage) in the event of discontinuance or curtailment of the particular service or facility involved. Such order or orders issued under this section shall be observed while remaining in effect by the carriers parties to such proceeding affected thereby, the law of any State or the decision or order of any State authority to the contrary notwithstanding."

SEC. 7. (a) Paragraph (1) of section 15 of the Interstate Commerce Act, as amended, is amended to read as follows:

"(1) That whenever, after full hearing upon a complaint made as provided in section 13 of this part, or after full hearing under an order for investigation and hearing made by the Commission on its own initiative, either in extension of

any pending complaint or without any complaint whatever, the Commission shall be of opinion that any individual or joint rate, fare, or charge, whatsoever demanded, charged, or collected by any common carrier or carriers subject to this part for the transportation of persons or property as defined in the first section of this part, or any individual or joint classification, regulation, or practice whatsoever of such carrier or carriers subject to the provisions of this part, affecting such rate, fare, or charge, is or will be in contravention of any provision of this part, the Commission shall determine and prescribe such just and reasonable minimum or maximum rate, fare, or charge, or such relationship, classification, regulation, or practice, as in its judgment may be necessary to remove such violation, to the extent to which the Commission finds that the same does or would exist, and to make an order that the carrier or carriers shall cease and desist from such violation, to the extent to which the Commission finds that the same does or would exist, and shall not thereafter publish, demand, or collect any rate, fare, or charge for such transportation less than the minimum or more than the maximum so prescribed, and shall conform to and observe the relationship, classification, regulation, or practice so prescribed."

(b) Paragraph (3) of section 15 of the Interstate Commerce Act, as amended, is amended to read as follows:

"(3) The Commission may, and it shall wherever deemed by it to be necessary or desirable in the public interest, after full hearing upon complaint or upon its own initiative without complaint, establish through routes, joint classfications which when applied with joint rates, fares, or charges result in charges not less than just and reasonable minimum charges, nor more than just and reasonable maximum charges, and just and reasonable minimum or maximum joint rates, fares, or charges applicable to the transportation of passengers or property by carriers subject to this part, or by carriers by railroad subject to this part and common carriers by water subject to part III, and the divisions of such rates, fares, or charges as hereinafter provided and the terms and conditions under which such through routes shall be operated. The Commission shall not, however, establish any through route, classification, or practice, or any rate, fare, or charge, between street electric passenger railways not engaged in the general business of transporting freight in addition to their passenger and express business, and railroads of a different character. No existing through route shall be canceled except by agreement of all carriers whose lines are embraced therein unless the Commission shall, upon applicaton and after hearing, find that cancellation is consistent with the public interest without regard to the provisions of paragraph (4) of this section, and the burden of proof shall be upon the carrier or carriers to show that the cancellation is consistent with such public interest." (c) Paragraph (7) of section 15 of the Interstate Commerce Act, as amended, is amended to read as follows:

"(7) Whenever there shall be filed with the Commission any schedule stating a new individual or joint rate, fare, or charge, or any new individual or joint classification, or any new individual or joint regulation or practice affecting any rate, fare, or charge, the Commission shall have, and it is hereby given authority, either upon complaint or upon its own initiative without complant, at once, and if it so orders without answer or other formal pleading by the interested carrier or carriers, but upon reasonable notice, to enter upon a hearing concerning the lawfulness of such rate, fare, charge, classification, regulation, or practice.

"Pending such hearing and the decision thereon, the Commission may from time to time suspend the operation of such schedule and defer the use of such rate, fare, charge, classification, regulation, or practice, for a period not longer than three months beyond the time when it would otherwise go into effect, but only if it determines on the basis of factual information by sworn complaint, affidavit, or other evidence, furnished by the complainant, or as a result of its own investigation, (a) that the rate, fare, charge, classification, regulation, or practice would probably be unlawful, and (b) that making such rate, fare, charge, classification, regultion, or practice effective would result in injury to the complainant, and (c) that remedies available to the complainant would, in the absence of suspension, be inadequate; and the Commission shall file with such schedule and deliver to the carrier or carriers affected by such suspension a statement in writing of its reasons for the suspension. After full hearing, whether completed before or after the rate, fare, charge, classification, regulation, or practice goes into effect, the Commission may make such order with reference thereto as would be proper in a proceeding initiated after it had become effective. If the proceeding has not been concluded and an order made within the period of

suspension, the proposed change of rate, fare, charge, classification, regulation, or practice shall go into effect at the end of such period; but in case of a proposed increased rate or charge for or in respect to the transportation of property, the Commission may by order require the interested carrier or carries to keep accuate account in detail of all amounts received by reason of such increase, specifying by whom and in whose behalf such amounts are paid, and upon completion of the hearing and decision may by further order require the interested carrier or carriers to refund, with interest, to the persons in whose behalf such amounts were paid, such portion of such increased rates or charges as by its decision shall be found not justified. At any hearing involving a change in a rate, fare, charge, or classification, or in a rule, regulation or practice, the burden of proof shall be upon the carrier filing the schedule to show that the proposed changed rate, fare, charge, classification, rule, regulation, or practice is lawful, unless the complainant is also a carrier, and the Commission shall give to the hearing and decision of such questions preference over all other questions pending before it and decide the same as speedily as possible."

SEC. 8. Section 15a of the Interstate Commerce Act, as amended, is hereby repealed, and a new section 15 a reading as follows is inserted:

"SEC. 158. (1) In determining whether a rate, fare, or charge, or classification, regulation, or practice to be applied in connection therewith, results in a charge which is less than a reasonable minimum charge, as used in this Act, the Commission shall not consider the effect of such charge on the traffic of any other mode of transportation; or the relation of such charge to the charge of any other mode of transportation; or whether such charge is lower than necessary to meet the competition of any other mode of transportation: Provided, however, That the provisions of this paragraph shall not be construed to prohibit any carrier subject to this Act from protesting or complaining in the event that a rate, fare, or charge is filed or made effective which it believes to be less than a reasonable minimum charge.

"(2) In determining whether rates, fares, or charges, or classifications, regulations, or practices to be applied in connection therewith, result in charges more than just and reasonable maximum charges, as used in this Act, the Commission shall not require such charges to be reduced below the full cost of performing the services to which they apply, exclusive of losses in other services. In making such a determination, the Commission shall take into consideration the extent and effect of competition with respect to the service to which the charges apply to the end that carriers will be prevented from imposing excessive or unreasonable charges on traffic which is noncompetitive.

*(3) Differences in the classifications, rates, fares, charges, rules, regulations, and practices as between the different modes of transport, each with respect to its own type of service, shall not be deemed to constitute unjust discrimination, undue or unreasonable prejudice or disadvantage, or an unlawful practice within the meaning of any provision of this Act so long as the classifications, rates, fares, charges, rules, regulations, and practices do not result in charges which are less than reasonable minimum charges, as used in this Act.

"(4) The establishment, maintenance, publication, and application of rates or charges for individual shipments of property subject to incentive minimum weights or in volume which make due allowance for differences in the handling costs of a carrier subject to this Act and which are established for the purpose of meeting competition of other modes of transportation shall not be construed or beid to constitute unjust discrimination, or undue or unreasonable advantage, preference, or prejudice.

(5) The establishment, maintenance, publication, and application of rates, fares, charges, and rules and regulations of special application for transportation service to the United States, State, and municipal governments by carriers subject to this Act are hereby authorized. Rates, fares, charges, and rules and regulations so limited shall be subject to the tariff filing and publication requirements of the Act: Provided, however, That (a) such rates fares, charges, and rules and regulations may be filed on short notice, or made retroactive, where the circumstances so warrant, and (b) the provisions of the Act with respect to filing, publication, and posting of tariff schedules and contracts may be waived where the security of the United States so requires upon the filing of an appropriate statement in writing with the Commission by the head of the Government agency concerned. Such rates, fares, charges, and rules and regulations shall not be subject to suspension or to the provisions of section 4, but shall be subject

to all other applicable provisions of the Act. Transportation services rendered by carriers subject to the Act for such governments other than under such rates, fares, charges, and rules and regulations of special application shall be subject to all the provisions hereof: Provided, however, That the provisions of the Act with respect to filing, publication and posting of tariff schedules and contracts may be waived where the security of the United States so requires in the manner provided herein with respect to waiver for those of special application."

SEC. 9. (a) Section 22 of the Interstate Commerce Act, as amended, is amended by striking from the first clause thereof the words "for the United States, State, or municipal governments, or" and "or the transportation of persons for the United States Government free or at reduced rates,".

(b) Nothing in this section shall be construed to affect the validity of any free or reduced rates, fares, or charges for transportation service rendered prior to the effective date hereof, and outstanding contracts providing for such rates, fares, or charges shall be filed and published on the effective date of this section as provided in subparagraph (5) of section 15a, and shall be subject to all other applicable provisions of such subparagraph.

SEC. 10. (a) Paragraph (14) of subsection (a) of section 203 of the Interstate Commerce Act, as amended, is amended by striking out "except" after "whether over regular or irregular routes," and inserting in lieu thereof "including any person heretofore engaged in transportation as a contract carrier by motor vehicle which the Commission shall find in appropriate proceedings not to be engaged in transportation as a contract carrier by motor vehicle as defined hereby, but excluding."

(b) Paragraph (15) of subsection (a) of section 203 of the Interstate Commerce Act, as amended, is amended to read as follows:

"(15) The term 'contract carrier by motor vehicle' means any person who engages in transportation by motor vehicle of passengers or property in interstate or foreign commerce for compensation (other than transportation referred to in paragraph (14) and the exception therein) on the basis of bilateral contracts for specialized or individualized service or services equivalent to bona fide private carriage by motor vehicle."

(c) Paragraph (17) of subsection (a) of section 203 of the Interstate Commerce Act, as amended, is amended to read as follows:

"(17) The term 'private carrier of property by motor vehicle' means any person not included in the terms 'common carrier by motor vehicle' or 'contract carrier by motor vehicle', who transports in interstate or foreign commerce by motor vehicle property of which such person is the owner, lessee, or bailee: Provided, That such ownership, lease, or bailment was not undertaken for the purpose of such transportation."

SEC. 11. (a) Subsection (a) of section 216 of the Interstate Commerce Act, as amended, is amended to read as follows:

"(a) It shall be the duty of every common carrier of passengers by motor vehicle to establish reasonable through routes with other such common carriers and to provide safe and adequate service, equipment, and facilities for the transportation of passengers in interstate or foreign commerce; to establish, observe, and enforce individual and joint rates, fares, and charges, and regulations and practices relating thereto which result in charges not less than just and reasonable minimum charges nor more than just and reasonable maximum charges, and just and reasonable regulations and practices relating thereto and to the issuance, form, and substance of tickets, the carrying of personnel, sample, and excess baggage, the facilities for transportation, and all other matters relating to or connected with the transportation of passengers in interstate or foreign commerce; and in case of such joint rates, fares, and charges, to establish just, reasonable, and equitable divisions thereof as between the carriers participating therein which shall not unduly prefer or prejudice any of such participating carriers."

(b) Subsection (b) of section 216 of the Interstate Commerce Act, as amended, is amended to read as follows:

"(b) It shall be the duty of every common carrier of property by motor vehicle to provide safe and adequate service, equipment, and facilities for the transportation of property in interstate or foreign commerce; to establish, observe, and enforce rates, charges, and classifications, regulations, and practices relating thereto which result in charges not less than just and reasonable minimum charges nor more than just and reasonable maximum charges, and just and

reasonable regulations and practices relating thereto and to the manner and method of presenting, marking, packing, and delivering property for transportation, the facilities for transportation, and all other matters relating to or connected with the transportation of property in interstate or foreign commerce." (e) Subsection (c) of section 216 of the Interstate Commerce Act, as amended, is amended by amending the first sentence therein to read as follows: "Common carriers of property by motor vehicle may establish reasonable through routes, and joint rates, charges, and classifications relating thereto which result in charges not less than just and reasonable minimum charges nor more than just and reasonable maximum charges with other such carriers or with common carriers by railroad and/or express and/or water; and common carriers of passengers by motor vehicle may establish reasonable through routes, and joint rates, fares, or charges which result in charges not less than just and reasonable minimum charges nor more than just and reasonable maximum charges with common carriers by railroad and/or water."

(d) Subsection (d) of section 216 of the Interstate Commerce Act, as amended, is amended by amending the first sentence therein to read as follows: "All charges made for any service rendered or to be rendered by any common carrier by motor vehicle engaged in interstate or foreign commerce in the transportation of passengers or property as aforesaid or in connection therewith shall be not less than just and reasonable minimum charges nor more than just and reasonable maximum charges therefor, and every charge for such service or any part thereof which is less than a just and reasonable minimum charge or more than a just and reasonable maximum charge is prohibited and declared to be unlawful." (e) Subsection (e) of section 216 of the Interstate Commerce Act, as amended, is amended by amending the second sentence therein to read as follows:

"Whenever, after hearing, upon complaint or in an investigation on its own initiative, the Commission shall be of the opinion that any individual or joint rate, fare, or charge, demanded, charged, or collected by any common carrier or carriers by motor vehicle or by any common carrier or carriers by motor vehicle in conjunction with any common carrier or carriers by railroad and/or express, and/or water for transportation in interstate or foreign commerce, or any classification, rule, regulation, or practice whatsoever of such carrier or carriers affecting such rate, fare, or charge or the value of the service thereunder, is or will be in contravention of any provision of this part, it shall determine and prescribe the lawful reasonable minimum or maximum rate, fare, or charge thereafter to be observed, or the lawful relationship, rule, regulation, or practice thereafter to be made effective and the Commission shall, whenever deemed by it to be necessary or desirable in the public interest, after bearing, upon complaint or upon its own initiative without a complaint, establish through routes, and joint regulations or practices which when applied with joint rates, fares, or charges result in charges not less than just and reasonable minimum charges nor more than just and reasonable maximum charges, and just and reasonable minimum or maximum joint rates, fares, or charges applicable to the transportation of passengers by common carriers by motor vehicle, and the terms and conditions under which such through routes shall be operated: Provided, however, That nothing in this part shall empower the Commission to prescribe, or in any manner regulate, the rate, fare, or charge for intrastate transportation, or for any service connected therewith, for the purpose of removing discrimination against interstate commerce or for any other purpose whatever."

(f) Subsection (g) of section 216 of the Interstate Commerce Act, as amended, is amended to read as follows:

"(g) Whenever there shall be filed with the Commission any schedule stating a new individual or joint rate, fare, charge, or classification for the transportation of passengers or property by a common carrier or carriers by motor vehicle, or by any such carrier or carriers in conjunction with a common carrier or carriers by railroad and/or express, and/or water in interstate or foreign commerce, or any rule, regulation or practice affecting such rate, fare, or charge, or the value of the service thereunder, the Commission is hereby authorized and empowered upon complaint of any interested party or upon its own initiative at once and, if it so orders, without answer or other formal pleading by the interested carrier or carriers, but upon reasonable notice, to enter upon a bearing concerning the lawfulness of such rate, fare, or charge, or such rule, regulation, or practice.