merce and national security of the United States by the establishment of through routes and joint rates by carriers subject to regulation by the several transportation agencies.

SEC. 2. (a) There is hereby created a board to be known as the Joint Board for Through Routes and Joint Rates (hereinafter referred to as the Joint Board). It shall be composed of one member selected by the Chairman of the Interstate Commerce Commission from among the Commissioners thereof, one member selected by the Chairman of the Federal Maritime Board from among the members thereof, and one member selected by the Chairman of the Civil Aeronautics Board from among the members thereof. The Joint Board shall elect a Chairman from the membership of the Board. The members of the Joint Board shall serve as members for a period of one year, but shall be eligible for reselection. In case of a vacancy, a member shall be selected to serve the remainder of the year in the same manner as the predecessor was selected. A quorum of the Joint Board shall consist of two members.

(b) The Joint Board is authorized, without regard to the civil service and classification laws, to appoint and prescribe the duties and fix the compensation of a secretary of the Board. The Joint Board is authorized to use, with their consent, the available office space, services, supplies, equipment, personnel, and facilities of the Interstate Commerce Commission, the Federal Maritime Board, and the Civil Aeronautics Board in carrying out the functions of the Joint Board under this Act, such use to be subject to the supervision of the Director of the Bureau of the Budget.

SEC. 3. (a) The Joint Board is authorized and directed to prescribe rules and regulations and issue such orders as may be necessary or appropriate to carry out the purposes of this Act.

(b) All orders of the Joint Board, other than orders for the payment of money, shall take effect within such reasonable time, not less than thirty days, and shall continue in force until its further order, or for a specified period of time, as shall be prescribed in the order, unless the same shall be suspended or modified or set aside by the Joint Board, or be suspended or set aside by a court of competent jurisdiction. It shall be the duty of every carrier subject to this Act, its agents and employees, to observe and comply with such orders so long as they remain in effect.

(c) Orders of the Joint Board shall be enforcible and reviewable as provided by law with respect to the orders of the Interstate Commerce Commission.

SEC. 4. It shall be the duty of every common carrier by rail subject to part I, every common carrier by motor vehicle subject to part II, or common carrier by water subject to part III of the Interstate Commerce Act, as amended, and of every common carrier subject to the Shipping Act, 1916, as amended, or the Intercoastal Shipping Act, 1933, as amended, and of every carrier subject to the Federal Aviation Act of 1958 (except any such carrier subject to any of such Acts engaged exclusively in foreign trade) to establish through routes with other such carriers subject to any other such Act. It shall be the duty of such carriers to establish, and observe, and enforce just and reasonable joint rates, fares, charges, and classifications applicable to such through routes. In case of such joint rates, charges, and classifications, it shall be the duty of the carriers parties thereto to establish just and reasonable regulations and practices in connection therewith and just and reasonable and equitable divisions thereof, as between the parties participating therein, which shall not unduly prefer or prejudice any such participating carriers. The appropriate tariffs shall be filed with the Joint Board by the issuing carrier and with the respective agencies regulating the local rates, fares, or charges of the carriers participating in such joint tariffs.

SEC. 5. If any carrier, subject to section 4 of this Act, proposes to establish a through route or joint rate and, if any carrier subject to a different regulatory agency fails or refuses to join in the establishment of such through route or joint rate as proposed, such carrier shall file schedules and tariffs of through routes and joint rates and classifications in which it proposes to participate, with the agency to which it is subject, and with the Joint Board. The Joint Board may order the establishment of the proposed through route or joint rates if it determines such route and rates and related provisions to be in the public interest in accord with the purposes of this Act.

SEC. 6. (a) The Joint Board 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 complaint, establish through routes, joint

classifications, and joint rates, fares, or charges by carriers subject to section 4 of this Act, or the maxima or minima, or the maxima and minima, to be charged, and the divisions of such rates, fares, or charges, and the terms and conditions under which such through routes shall be operated.

(b) Whenever there shall be filed with the Joint Board any schedule stating a new joint rate, fare, or charge, or any new joint classification, or any new joint regulation or practice affecting any rate, fare, or charge, the Joint Board is authorized, either upon complaint, or upon its own iniative without complaint, 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 decision thereon, the Joint Board after filing and giving to the carrier or carriers affected thereby a statement in writing of reasons for suspension, may from time to time suspend the operation of such schedule and defer the use of such rate, fare, charge, classification, regulation, or practice, but not for a longer period than seven months beyond the time when it would otherwise go into effect, and after full hearing, the Joint Board may make such order with reference to the matter 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 joint rate or charge for or in respect to the transportation of property, the Joint Board may by order require the interested carriers to keep accurate account in detail of all amounts received by reasons 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 joint rate, fare, or charge, or joint classification, or in a joint rule, regulation, or joint practice, the burden of proof shall be upon the carrier to show that the proposed changed joint rate, fare, charge, or joint classification, rule, regulation, or practice is just and reasonable, and the Joint Board 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. 7. The initial Joint Board constituted under this Act shall examine into means and methods for fully attaining the purpose of this Act and shall report its recommendations for additional legislation necessary for such purpose to the President and to the Congress upon the termination of one year from the date of enactment of this Act.

SEC. 8. The initial members of the Joint Board shall be selected within sixty days after the date of enactment of this Act, and this Act shall take effect sixty days after its enactment.

SEC. 9. Those provisions of the Interstate Commerce Act, as amended, the Shipping Act, 1916, as amended, the Intercoastal Shipping Act, 1933, as amended, and the Federal Aviation Act, are hereby superseded insofar as they are contrary to any provision of this Act.

[H. R. 8564, 86th Cong., 1st sess.]

A BILL To establish a joint board and to require mandatory through routes and joint rates for carriers serving Alaska, Hawaii, and the other States

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That it is hereby declared to be the purpose of this Act to foster sound economic coordination of transportation services by air, land, and water in the interest of domestic and foreign commerce and national security of the United States by the establishment of through routes and joint rates by carriers subject to regulation by the several transportation agencies.

SEC. 2. (a) There is hereby created a board to be known as the Joint Board for Through Routes and Joint Rates (hereinafter referred to as the Joint Board). It shall be composed of one member selected by the Chairman of the Interstate Commerce Commission from among the Commissioners thereof, one member selected by the Chairman of the Federal Maritime Board from among the members thereof, and one member selected by the Chairman of the Civil

Aeronautics Board from among the members thereof. The Joint Board shall elect a Chairman from the membership of the Board. The members of the Joint Board shall serve as members for a period of one year, but shall be eligible for reselection. In case of a vacancy, a member shall be selected to serve the remainder of the year in the same manner as the predecessor was selected. A quorum of the Joint Board shall consist of two members.

(b) The Joint Board is authorized, without regard to the civil service and classification laws, to appoint and prescribe the duties and fix the compensation of a secretary of the Board. The Joint Board is authorized to use, with their consent, the available office space, services, supplies, equipment, personnel, and facilities of the Interstate Commerce Commission, the Federal Maritime Board, and the Civil Aeronautics Board in carrying out the functions of the Joint Board under this Act, such use to be subject to the supervision of the Director of the Bureau of the Budget.

SEC. 3. (a) The Joint Board is authorized and directed to prescribe rules and regulations and issue such orders as may be necessary or appropriate to carry out the purposes of this Act.

(b) All orders of the Joint Board, other than orders for the payment of money, shall take effect within such reasonable time, not less than thirty days, and shall continue in force until its further order, or for a specified period of time, as shall be prescribed in the order, unless the same shall be suspended or modified or set aside by the Joint Board, or be suspended or set aside by a court of competent jurisdiction. It shall be the duty of every carrier subject to this Act, its agents and employees, to observe and comply with such orders so long as they remain in effect.

(c) Orders of the Joint Board shall be enforcible and reviewable as provided by law with respect to the orders of the Interstate Commerce Commission.

SEC. 4. It shall be the duty of every common carrier by rail subject to part I, every common carrier by motor vehicle subject to part II, or common carrier by water subject to part II of the Interstate Commerce Act, as amended, and of every common carrier subject to the Shipping Act, 1916, as amended, or the Intercoastal Shipping Act, 1933, as amended, and of every carrier subject to the Federal Aviation Act of 1958 (except any such carrier subject to any of such Acts engaged exclusively in foreign trade) to establish through routes with other such carriers subject to any other such Act. It shall be the duty of such carriers to establish, and observe, and enforce just and reasonable joint rates, fares, charges, and classifications applicable to such through routes. In case of such joint rates, charges, and classifications, it shall be the duty of the carriers parties thereto to establish just and reasonable regulations and practices in connection therewith and just and reasonable and equitable divisions thereof, as between the parties participating therein, which shall not unduly prefer or prejudice any such particpating carriers. The appropriate tariffs shall be filed with the Joint Board by the issuing carrier and with the respective agencies regulating the local rates, fares, or charges of the carriers participating in such joint tariffs. SEC. 5. If any carrier, subject to section 4 of this Act, proposes to establish a through route or joint rate and, if any carrier subject to a different regulatory agency fails or refuses to join in the establishment of such through route or joint rate as proposed, such carrier shall file schedules and tariffs of through routes and joint rates and classifications in which it proposes to participate, with the agency to which it is subject, and with the Joint Board. The Joint Board may order the establishment of the proposed through route or joint rates if it determines such route and rates and related provisions to be in the public interest in accord with the purposes of this Act.

SEC. 6. (a) The Joint Board 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 complaint, establish through routes, joint clasifications, and joint rates, fares, or charges by carriers subject to section 4 of this Act, or the maxima or minima, or the maxima and minima, to be charged, and the divisions of such rates, fares, or charges, and the terms and conditions under which such through routes shall be operated.

(b) Whenever there shall be filed with the Joint Board any schedule stating a new joint rate, fare, or charge, or any new joint classification, or any new joint regulation or practice affecting any rate, fare, or charge, the Joint Board is authorized, either upon complaint, or upon its own initiative without complaint, at once, and if it so orders wthout answer or other formal pleading by the interested carrier or carriers, but upon reasonable notice, to enter upon a hearing con

cerning the lawfulness of such rate, fare, charge, classification, regulation, or practice. Pending such hearing and decision thereon, the Joint Board after filing and giving to the carrier or carriers affected thereby a statement in writing of reasons for suspension, may from time to time suspend the operation of such schedule and defer the use of such rate, fare, charge, classification, regulation, or practice, but not for a longer period than seven months beyond the time when it would otherwise go into effect, and after full hearing, the Joint Board may make such order with reference to the matter 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 joint rate or charge for or in respect to the transportation of property, the Joint Board may by order require the interested carriers to keep accurate account in detail of all amounts received by reasons 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 joint rate, fare, or charge, or joint classification, or in a joint rule, regulation, or joint practice, the burden of proof shall be upon the carrier to show that the proposed changed joint rate, fare, charge, or joint classification, rule, regulation, or practice is just and reasonable, and the Joint Board 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. 7. The initial Joint Board constituted under this Act shall examine into means and methods for fully attaining the purpose of this Act and shall report its recommendations for additional legislation necessary for such purpose to the President and to the Congress upon the termination of one year from the date of enactment of this Act.

SEC. 8. The initial members of the Joint Board shall be selected within sixty days after the date of enactment of this Act, and this Act shall take effect sixty days after its enactment.

SEC. 9. Those provisions of the Interstate Commerce Act, as amended, the Shipping Act, 1916, as amended, the Intercoastal Shipping Act, 1933, as amended, and the Federal Aviation Act, are hereby superseded insofar as they are contrary to any provision of this Act.

[H.R. 8565, 86th Cong., 1st sess.]

A BILL To establish a joint board and to permit the filing of through routes and joint rates for carriers serving Alaska, Hawaii, and the other States

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) the Chairman of the Civil Aeronautics Board, the Federal Maritime Board, and the Interstate Commerce Commission shall designate, from time to time, a like number of members or examiners of each to act as a joint board to consider and pass upon matters referred to such joint board as provided in subsection (c) of this section. The joint board is authorized, without regard to the civil service and classification laws, to appoint and prescribe the duties and fix the compensation of a secretary of the joint board. The joint board is authorized to use, with their consent, the available office space, services, supplies, equipment, personnel, and facilities of the Interstate Commerce Commission, the Federal Maritime Board, and the Civil Aeronautics Board in carrying out the functions of the joint board under this Act, such use to be subject to the supervision of the Director of the Bureau of the Budget.

(b) Air carriers subject to the Federal Aviation Act of 1958, common carriers subject to the Interstate Commerce Act, as amended, and common carriers by water subject to the Shipping Act, 1916, as amended, or the Intercoastal Shipping Act, 1933, as amended (including persons who do not operate vessels but who have been held to be common carriers by water under the Shipping Act, 1916, as amended, or the Intercoastal Shipping Act, 1933, as amended), may establish reasonable through service and joint rates, fares, and charges with any other such common carriers in connection with the transportation of property between the State of Alaska or the State of Hawaii, and other States;

except that with respect to transportation of propery, air carriers not directly engaged in the operation of aircraft in air transportation (other than companies engaged in the air express business) may not establish joint rates or charges, under the provisions of this subsection, with common carriers subject to the Interstate Commerce Act, the Shipping Act, 1916, as amended, and the Intercoastal Shipping Act, 1933, as amended. It shall be the duty of the carriers parties thereto to file tariffs with their respective regulatory agencies, establishing just and reasonable rates, fares, or charges and just and reasonable classifications, rules, regulations, and practices affecting such rates, fares, or charges, or the value of the service thereunder, and if joint rates, fares, or charges shall have been established with respect to such through service, just, reasonable, and equitable divisions of such joint rates, fares, or charges as between the carriers participating therein shall be made but not filed.

(c) Matters relating to such through service and joint rates, fares, or charges shall be referred by the Civil Aeronautics Board, Federal Maritime Board, or the Interstate Commerce Commission, upon complaint or upon its own initiative, to a joint board created as provided in subsection (a) of this section. Complaints may be made to the Civil Aeronautics Board, Federal Maritime Board, or the Interstate Commerce Commission with respect to any matter which shall be referred to a joint board under this subsection.

(d) With respect to matters referred to any joint board as provided in subsection (c) of this section, if such board finds, after notice and hearing, that any such joint rate, fare, or charge, or classification, rule, regulation, or practice, affecting such joint rate, fare, or charge or the value of the service thereunder is or will be unjust, unreasonable, unjustly discriminatory, or unduly preferential or prejudicial, or that any division of any such joint rate, fare, or charge, is or will be unjust, unreasonable, inequitable, or unduly preferential or prejudicial as between the carriers parties thereto, it is authorized and directed to take the same action with respect thereto as the Interstate Commerce Commission is empowered to take with respect to any joint rate, fare, or charge, beween common carriers, by motor vehicles or any divisions thereof, or any classification, rule, regulation, or practice affecting such joint rate, fare, or charge or the value of the service thereunder. Pending such hearing and decision thereon, the joint board after filing and giving to the carrier or carriers affected thereby a statement in writing of reasons for suspension, may from time to time suspend the operation of such schedule and defer the use of such rate, fare, charge, classification, regulation, or practice but not for a longer period than seven months beyond the time when it would otherwise go into effect, and after full hearing, the joint board may make such order with reference to the matter 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 joint rate or charge for or in respect to the transportation of property, the joint board may by order require the interested carriers to keep accurate account in detail of all amounts received by reasons 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 joint rate, fare, or charge, or joint classification, or in a joint rule, regulation, or joint practice, the burden of proof shall be upon the carrier to show that the proposed changed joint rate, fare, charge, or joint classification, rule, regulation, or practice is just and reasonable, and the joint board 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.

(e) The joint board shall have the power to make or amend such general rules, regulations, or orders as may be requisite for the order and regulation of proceedings before it. Any member of the joint board may administer oaths and affirmations and the joint board shall have the power to issue subpenas requiring the attendance and testimony of witnesses and the production of all books, papers, and documents relating to any matter coming within its jurisdiction. Every vote and official act of the joint board shall be entered of record and such record shall be made public upon the request of any party interested. 5170961-3