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 Section 15a of the Interstate Commerce Act as amended, is hereby repealed, and a new section 15a reading as follows is inserted: "SEC. 15a.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

pal governments by carriers subject to this Act is 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'

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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 vehicles 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 not 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 ren

dered 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 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 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 interstate 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 in erting 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