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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."

(c) 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 hearing, 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 por 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 vehic 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 hearing concerning the lawfulness of such rate, fare, or charge, or such rule, 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, or charge, or such rule, 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, or charge, or rule, regulation, or practice would probably be unlawful, and (b) that making such rate, fare, or charge, or rule, regulation, 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 hearing whether completed before or after the rate, fare, charge, classification, rule, 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, or charge, or classification, rule, regulation, or practice shall go into effect at the end of such period : Provided, That this paragraph shall not apply to any initial schedule or schedules filed on or before July 31, 1938, by any such carrier in bona fide operation when this section takes effect. 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.”

(g) Subsection (h) of section 216 of the Interstate Commerce Act as amended, is amended by striking out the words “justness or reasonableness” in the first clause thereof, and inserting in lieu thereof the word “lawfulness”.

(h) Subsection (i) of section 216 of the Interstate Commerce Act, as amended, is hereby repealed.

SEC. 12. (a) Subsection (a) of section 218 of the Interstate Commerce Act, as amended, is amended (1) by striking out of the second sentence the word "minimum", and (2) by striking out the last four sentences and inserting in lieu thereof the following: "No such contract carrier, unless otherwise provided by this part shall engage in the transportation of passengers or property in interstate or foreign commerce unless the rates, fares and charges actually maintained and charged for such transportation by said carrier have been published, filed, and posted in accordance with the provisions of this part, or in the alternative, at the carrier's option, unless the actual contract or contracts of such carrier covering such transportation have been published, filed, and posted in lieu thereof, in accordance with such regulations as the Commission shall prescribe. In all other respects, every such carrier shall be subject to section 217.”

(b) Subsection (b) of section 218 of the Interstate Commerce Act, as amended, is amended to read as follows:

“(b) Whenever, after hearing, upon complaint or upon its own initiative the Commission finds that any minimum rate or charge of any contract carrier by motor vehicle, or any rule, regulation, or practice of any such carrier affecting such minimum rate or charge, or the value of the service thereunder, for the transportation of passengers or property or in connection therewith, contravenes the national transportation policy declared in this Act, or is in contravention of any provision of this Act, the Commission may prescribe such just and reasonable minimum rate or charge, or such rule, regulation, or practice as in its judgment may be necessary or desirable in the public interest and will not be in contravention of any provision of this Act. Such minimum rate or charge, or such rule, regulation, or practice, so prescribed by the Commission, shall give no advantage or preference to any such carrier in competition with any common carrier subject to this Act, which the Commission may find to be undue or inconsistent with the public interest and the national transportation policy declared in this Act, and the Commission shall give due consideration to the cost of the services rendered by such contract carriers. All complaints shall state fully the facts complained of and the reasons for such complaint and shall be made under oath."

(c) Subsection (c) of section 218 of the Interstate Commerce Act, as amended, is amended to read as follows:

"(c) Whenever there shall be filed with the Commission by any such contract carrier any schedule stating a charge for a new service or a reduced charge

directly, or by means of any rule, regulation, or practice, for the transportation of passengers or property in interstate or foreign commerce, the Commission is hereby authorized and empowered upon complaint of interested parties or upon its own initiative at once, and if it so orders, without answer or other formal pleading by the interested party, but upon reasonable notice, to enter upon a hearing concerning the lawfulness of such charge, or such rule, 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 charge, or such rule, 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, (1) that the charge, or rule, regulation, or practice would probably be unlawful, and (2) that making such charge, or rule, regulation, or practice effective would result in injury to the complainant, and (3) 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 affected by such suspension a statement in writing of its reasons for the suspension. After full hearing, whether completed before or after the charge, or rule, 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 in any charge, or rule, regulation, or practice shall go into effect at the end of such period: Provided, That this paragraph shall not apply to any initial schedule or schedules filed on or before July 31, 1938, by any such carrier in bona fide operation when this section takes effect. The rule as to burden of proof specified in section 216 (g) shall apply to this paragraph."

SEC. 13. (a) Subsection (d) of section 302 of the Interstate Commerce Act, as amended, is amended by striking out “except" and inserting in lieu thereof "including any person heretofore engaged in transportation as a contract carrier by water which the Commission shall find in appropriate proceedings not to be engaged in transportation as a contract carrier by water as defined hereby, but excluding”.

(b) Subsection (e) of section 302 of the Interstate Commerce Act, as amended, is amended by amending the first sentence thereof to read as follows: "The term 'contract carrier by water' means any person which engages in transportation by water of passengers or property in interstate or foreign commerce for compensation (other than transportation referred to in paragraph (d) and the exemption therein) on the basis of bilateral contracts for specialized or individualized service or services equivalent to bona fide private carriage by water."

SEC. 14. Subsection (b) of section 303 of the Interstate Commerce Act, as amended, is hereby repealed.

SEC. 15. (a) Subsection (a) of section 305 of the Interstate Commerce Act, as amended, is amended to read as follows:

“(a) It shall be the duty of every common carrier by water, with respect to transportation subject to this part which it undertakes or holds itself out to perform, or which it is required by or under authority of this part to perform to provide and furnish such transportation upon reasonable request therefor, and to establish, observe, and enforce rates, fares, charges, and classifications, regulations, and practices to be applied in connection therewith 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, receipts, bills of lading, and manifests, the manner and method of presenting, marking, packing, and delivering property for transportation, the carrying of personal, sample, and excess baggage, the facilities for transportation, and all other matters relating to or connected with such transportation in interstate or foreign commerce. All charges made for any service rendered or to be rendered 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 reasonable minimum charge or more than a just and reasonable maximum charge is prohibited and declared to be unlawful."

(b) Subsection (b) of secction 305 of the Interstate Commerce Act, as amended, is amended by amending the first two sentences therein to read as follows: "It shall be the duty of common carriers by water to establish reasonable through routes with other such carriers and with common carriers by railroad, for the transportation of persons or property, and rates, fares, charges, and classifications applicable thereto which result in charges not less than just and reasonable minimum charges nor more than just and reasonable maximum charges, and to provide reasonable facilities for operating such through routes, and to make reasonable rules and regulations with respect to their operation and providing for reasonable compensation to those entitled thereto. Common carriers by water may establish reasonable through routes and rates, fares, charges, and classifications applicable thereto which result in charges not less than just and reasonable minimum charges nor more than just and reasonable maximum charges with common carriers by motor vehicle."

(c) Subsection (c) of section 305 of the Interstate Commerce Act, as amended, is amended by striking out the last sentence.

SEC. 16. Subsection (e) of section 306 of the Interstate Commerce Act, as amended, is amended (1) by striking out of the second sentence the word “minimum", and (2) by striking out the last five sentences and inserting in lieu thereof the following: "No contract carrier by water, unless otherwise provided by this part, shall engage in transportation subject to this part unless the rates, fares, or charges actually maintained and charged have been published, filed, and posted in accordance with the provisions of this part, or in the alternative, at the carrier's option, unless the actual contract or contracts covering such transportation have been published, filed, and posted in lieu thereof, in accordance with such regulations as the Commission shall prescribe. In all other respects every such carrier shall be subject to sections 306 (a)-(d).”

Sec. 17. (a) Subsection (b) of section 307 of the Interstate Commerce Act, as amended, is amended to read as follows:

“(b) Whenever, after hearing, upon complaint or in any investigation on its own initiative, the Commission shall be of opinion that any individual or joint rate, fare, or charge demanded, charged, or collected by any common carrier or carriers by water for transportation subject to this part, or any regulation, practice, or classification of such carrier or carriers relating to such transportation, 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, regulation, practice, or classification thereafter to be made effective.”

(b) Subsection (c) of section 307 of the interstate Commerce Act, as amended, is amended by striking out the words “justness or reasonableness' in the first clause thereof and inserting in lieu thereof the word “lawfulness."

(c) Subsection (d) of section 307 of the Interstate Commerce Act, as amended, is amended to read as follows:

"(d) The Commission may, and it shall whenever deemed by it to be necessary or desirable in the public interest, after full hearing upon complaint or upon its own initiative without a complaint, establish through routes, joint classifications 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 common carriers by water, or by such carriers and carriers by railroad, 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 common carriers by water. No existing through route shall be canceled except by agreement of all carriers whose lines are embraced therein unless the Commission shall, upon application and after hearing, find that cancellation is consistent with the public interest without regard to the provisions of paragraph (4) of section 15, and the burden of proof shall be upon the carrier or carriers to show that the cancellation is consistent with such public interest."

(d) Subsection (f) of section 307 of the Interstate Commerce Act, as amended, is hereby repealed.

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