tained by the Federal Maritime Board, copies thereof shall be furnished to the Interstate Commerce Commission upon request.

(c) Notwithstanding the provisions of paragraph (a) of this section, all orders, rules, regulations, tariffs, contracts, or agreements, pertaining to transportation by water between places in Alaska and other places in the United States and between places in Alaska, to the extent they were issued, authorized, approved, entered into, or filed pursuant to authority of the Federal Maritime Board or under any provision of law repealed by this Act, shall continue in force and effect until lawfully changed by act of the parties involved or until changed modified, or set aside by action of the Commission.

(d) Any proceeding, hearing, or investigation commenced or pending before the Federal Maritime Board at the time this section takes effect, to the extent that it relates to the administration of any provision of law repealed by this Act, shall be continued or otherwise acted upon by the Commission as though such proceeding, hearing, or investigation had been instituted under the provisions of the Interstate Commerce Act.

(e) Any pending judicial proceeding arising under any provision of law repealed by the provisions of this Act shall be continued, heard, and determined in the same manner and with the same effect as if the said provisions had not been repealed; except that in the case of any such proceeding to which the Federal Maritime Board is a party, the court, upon motion or supplemental petition, may direct that the Commission be substituted for the Federal Maritime Board as a party to the proceeding or made an additional party thereto.

(f) If any provision of this Act or the application thereof to any person, or commerce, or circumstance is held invalid, the remainder of the Act and the application of such provision to other persons, or commerce, or circumstances shall not be affected thereby.

SEC. 2. Section 306 (a) of the Interstate Commerce Act, as amended (49 U.S.C. 906(a)), is amended by adding at the end thereof the following: "Provided, That tariffs (or copies thereof) of common carriers by water containing rates, fares, charges, classifications, rules, regulations, and practices for the transportation in interstate or foreign commerce of passengers or property between places in Alaska and between places in Alaska and other places in the United States in effect and on file with the Federal Maritime Board pursuant to the requirements of the Shipping Act of 1916, as amended, or the Intercoastal Shipping Act of 1933, as amended, shall be transferred to the Commission and shall be deemed to be filed with the Commission pursuant to the requirements of the Interstate Commerce Act as of the date this amendment takes effect. Tariffs showing all other rates, fares, charges, classifications, rules, regulations, and practices for transportation by water common carriers between places in Alaska and other places in the United States, and between places in Alaska, which are made subject to this part by virtue of the enactment of this Act, shall be filed as provided in this part not later than one hundred and eighty days after the date on which this amendment takes effect."

SEC. 3. Section 306 (e) of the Interstate Commerce Act, as amended (49 U.S.C. 909(e)), is amended by adding at the end thereof the following new sentence: "Schedules showing the minimum rates, charges, rules, regulations, or practices for transportation by water contract carriers between places in the United States and places in Alaska, and between places in Alaska over the high seas, which are made subject to this part by virtue of the enactment of this Act, shall be filed as provided in this part not later than one hundred and eighty days after the date on which this amendment takes effect."

SEC. 4. Section 309 (a) of the Interstate Commerce Act, as amended (49 U.S.C. 909 (a)) is amended by inserting the figure "(1)" immediately after subsection designation "(a)" and by adding the following new paragraph:

"(2) Subject to the provisions of section 310, if any person (or his predecessor in interest) was in operation on the date on which this paragraph takes effect, as a common carrier by water, in interstate or foreign commerce, between ports in Alaska and other ports in the United States, or between ports in Alaska over the high seas, and has so operated since that time (or if engaged in furnishing seasonal service only, was engaged in such operations in the year 1958 during the season ordinarily covered by its operations, and such operations have not been discontinued), except in either instance as to interruptions of service over which such person or his predecessor in interest had on control, a certificate shall be issued authorizing such operations, without further proceedings, if application for such certificate is made as provided herein on or before July 1, 1959. Pending

the determination of any such application, the continuance of such operations without a certificate shall be lawful. Applications for certificates under this paragraph shall be filed with the Commission in writing, and in such form, contain such information, and be accompanied by proof of service upon such interested parties as the Commission shall require."

SEC. 5. Section 309 (f) of the Interstate Commerce Act, as amended (49 U.S.C. 909 (f), is amended by inserting the figure "(1)" immediately after subsection designation "(f)" and by adding the following new paragraph:

"(2) Subject to the provisions of section 310, if any person (or his predecessor in interest) was in operation on the date on which this paragraph takes effect as a contract carrier by water, in interstate or foreign commerce, between ports in Alaska and other ports in the United States, or between ports in Alaska over the high seas, and has so operated since that time (or if engaged in furnishing seasonal service only, was engaged in such operations in the year 1958 during the season ordinarily covered by its operations, and such operations have not been discontinued), except in either instance as to interruptions of service over which such person or his predecessor in interest had no control, a permit shall be issued authorizing such operations, without further proceedings, if application for such permit is made as provided herein on or before July 1, 1959. Pending the determination of any such application, the continuance of such operations without a permit shall be lawful. Applications for permits under this paragraph shall be filed with the Commission in writing, and in such form, contain such information, and be accompanied by proof of service upon such interested parties as the Commission shall require."

SEC. 6. Section 405 (a) of the Interstate Commerce Act, as amended (49 U.S.C. 1005 (a)), is amended by adding at the end thereof the following: "Tariffs (or copies thereof) containing rates, charges, classifications, rules, regulations, and practices for the transportation of property in interstate or foreign commerce by water between places in Alaska and other places in the United States, or between places in Alaska, filed with the Federal Maritime Board pursuant to the Shipping Act of 1916, as amended, or the Intercoastal Shipping Act of 1933, as amended, by persons whose operations are those of a common carrier by water under the mentioned Acts, but whose operations are those of a freight forwarder under the Interstate Commerce Act, as amended, and in effect on the date this amendment takes effect shall be transferred to the Commission and shall be deemed to be filed with the Commission pursuant to the requirements of the Interstate Commerce Act as of the date on which this amendment takes effect."

SEC. 7. Section 410(a) of the Interstate Commerce Act, as amended (49 U.S.C. 1010(a)), is amended by inserting the figure "(1)" immediately after the subsection designation “(a)”, and by adding the following new paragraph:

"(2) If any person (or his predecessor in interest) whose operations were those of a common carrier by water under the Shipping Act of 1916, as amended, or the Intercoastal Shipping Act of 1933, as amended, but whose operations are those of a freight forwarder under the Interstate Commerce Act, as amended, was in operation in interstate commerce, on the date on which this paragraph takes effect, between places in Alaska and other places in the United States, or between places in Alaska over the high seas, and has so operated since that time (or if engaged in furnishing seasonal service only, was engaged in such operations in the year 1958 during the season ordinarily covered by its operations, and such operations have not been discontinued), except in either instance as to interruptions of service over which such person or his predecessor in interest had no control, a permit shall be issued authorizing such operations as a freight forwarder without further proceedings, if application for such permit is made as provided herein on or before July 1, 1959. Pending the determination of any such application the continuance of such operations without a permit shall be lawful. Applications for permits under this paragraph shall be filed with the Commission, in writing, and in such form, contain such information, and be accompanied by proof of service upon such interested parties as the Commission shall require."

[S. 1508, 86th Cong., 1st sess.]

A BILL To provide for economic regulation of the Alaska Railroad under the Interstate Commerce Act, and for other purposes

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the first paragraph of section 1 of the

Act of March 12, 1914 (38 Stat. 305), as amended (48 U.S.C. 301), is amended to read as follows:

"The President of the United States is empowered, authorized, and directed to adopt and use a name by which to designate the railroad or railroads and properties to be located, owned, acquired, or operated under the authority of sections 301, 302, and 303-308 of this title; to employ such officers, agents, or agencies, in his discretion, as may be necessary to enable him to carry out the purposes of said sections; to authorize and require such officers, agents, or agencies to perform any or all of the duties imposed upon him by the terms of said sections; to detail and require any officer or officers in the Engineer Corps in the Army or Navy to perform service under said sections; to fix the compensation of all officers, agents, or employees appointed or designated by him; to designate and cause to be located a route or routes for a line or lines of railroad in the State of Alaska not to exceed in the aggregate one thousand miles, to be so located as to connect one or more of the open Pacific Ocean harbors on the southern coast of Alaska with the navigable waters in the interior of Alaska, and with a coal field or fields so as best to aid in the development of the agricultural and mineral or other resources of Alaska, and the settlement of the public lands therein, and so as to provide transportation of coal for the Army and Navy, transportation of troops, arms, munitions of war, the mails, and for other governmental and public uses and for the transportation of passengers and property; to construct and build a railroad or railroads along such route or routes as he may so designate and locate, with the necessary branch lines, feeders, sidings, switches, and spurs; to purchase or otherwise acquire all real and personal property necessary to carry cut the purposes of said sections; to exercise the power of eminent domain in acquiring property for such use which use is declared to be a public use, by condemnation in the courts of Alaska in accordance with the laws now or hereafter in force there; to acquire rights-of-way, terminal grounds, and all other rights; to purchase or otherwise acquire all necessary equipment for the construction and operation of such railroad or railroads; to build or otherwise acquire docks, wharves, terminal facilities, and all structures needed for the equipment and operation of such railroad or railroads; to establish, change, or modify rates for the transportation of passengers and property; to receive compensation for the transportation of passengers and property, and to perform generally all the usual duties of a common carrier by railroad; to make and establish rules and regulations for the control and operation of said railroad or railroads: Provided, however, That effective one hundred and eighty days after the enactment of this amendment, and thereafter, the operation of the said railroad or railroads and the facilities and equipment thereof shall be subject to the provisions of part I of the Interstate Commerce Act, as amended, and related Acts, including Acts relating to the safety of operations by railroads and the Explosives and Combustibles Act (U.S.C., title 18, ch. 39), in the same manner and to the same extent as if such railroad or railroads and facilities were privately owned and operated, except that approval of the Interstate Commerce Commission shall not be required for any extension of such railroad or railroads or for the issuance of securities. No free pass or free or reduced rate or fare transportation shall be given except as permitted by the provisions of part I of the Interstate Commerce Act. The President is empowered and authorized in his discretion to lease the said railroad or railroads, or any portion thereof, including telegraph and telephone lines, after completion under such terms as he may deem proper, but no lease of such railroad or railroads shall be for a longer period than twenty years and no other lease authorized in sections 301, 302, and 303-308 of this title shall be for a longer period than fifty-five years, or in the event of failure to lease, to operate the same until the further action of Congress. If the said railroad or railroads, including telegraph and telephone lines, are leased under the authority given under said sections, they shall be operated by the lessee under the jurisdiction and control of the provisions of the interstate commerce laws. The President also is empowered and authorized to purchase, condemn, or otherwise acquire upon such terms as he may deem proper, any other line or lines of railroad in Alaska which may be necessary to complete the construction of the line or lines of railroad designated or located by him. The price to be paid in case of purchase shall in no case exceed the actual physical value of the railroad, to make contracts or agreements with any railroad or steamship company or vessel owner for joint transportation of passengers or property over the road or roads herein provided for, and such railroad or steamship line or by such vessel, and to make such other contracts as may be necessary

to carry out any of the purposes of said sections; to utilize in carrying on the work herein provided for any and all machinery, equipment, instruments, material, and other property of any sort whatsoever used or acquired in connection with the construction of the Panama Canal, so far and as rapidly as the same is no longer needed at Panama, and the successors to the Isthmian Canal Commission are authorized to deliver said property to such officers or persons as the President may designate, and to take credit therefor at such percentage of its original cost as the President may approve, but this amount shall not be charged against the fund provided for in said sections."

[S. 2451, 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 nad 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 reelection. 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 Directon 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 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 or 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 initiative 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 of 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.