ing, in form and manner prescribed by the Commission, that neither public nor private interests will be adversely affected thereby."

SEC. 2. This Act shall take effect on January 1, 1966.

[S. 1152, 89th Cong., 1st sess.]

A BILL Relating to the use of Intestate Commerce Commission records and testimony of Commission personnel in regard to accidents involving motor carriers and railroads.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That subsection (f) of section 220 of the Interstate Commerce Act, as amended (49 U.S.C. 320 (f)), is amended to read as follows:

"(f) No report by any motor carrier of any accident arising in the course of the operations of such carrier, made pursuant to any requirement of the Commission, no report by the Commission of any investigation of any such accident, and no report made to the Commission by an employee of the Commission who has investigated any such accident, nor any part thereof shall be admitted as evidence, or used for any other purpose, in any suit or action for damages growing out of any matter mentioned in such report or investigation. Members or employees of the Commission who have engaged in the investigation of a motor carrier accident shall not give expert or opinion testimony concerning such accidents in any such suit or action. Factual testimony of Commission personnel shall be required only when the Commission initially, or the court before which such suit or action is pending, determines that the evidence is not reasonably available by other means. Unless otherwise authorized by the court, such factual testimony shall be taken only by deposition upon oral examination or written interrogatories, pursuant to regulations issued by the Commission.".

SEC. 2. Section 8 of the Act entitled "An Act to promote the safety of employees and travelers upon railroads by compelling common carriers engaged in interstate commerce to equip their locomotives with safe and suitable boilers and appurtenances thereto", approved February 17, 1911, as amended (45 U.S.C. 32, 33), is amended by striking out the last sentence and inserting in lieu thereof the following: "Neither said report, nor any report of said investigation, nor any report of the director of locomotive inspection or his assistants or any inspector, nor any report of any carrier, nor any part thereof shall be admitted as evidence or used for any purpose in any suit or action for damages growing out of any matter mentioned in said report or investigation. The director of locomotive inspection, his assistants, and inspectors who have engaged in the investigation of an accident pursuant to the Act shall not give expert or opinion testimony concerning such accidents in any such suit or action. Factual testimony of the director of locomotive inspection, his assistants, and inspectors on matters observed in any such accident investigation shall be required only where the Commission initially, or the court before which suit or action is pending, determines that the evidence is not reasonably available by other means. Unless otherwise authorized by the court, such factual testimony shall be taken only by deposition upon oral examination or written interrogatories, pursuant to regulations issued by the Commission.".

SEC. 3. Section 4 of the Act entitled "An Act requiring common carriers engaged in interstate and foreign commerce to make full reports of all accidents to the Interstate Commerce Commission, and authorizing investigations thereof by said Commission", approved May 6, 1910, as amended (45 U.S.C. 41) is amended to read as follows:

"That neither said report nor any report of said investigation, nor any report made to the Commission by any employee of the Commission who has investigated any such accident, nor any part thereof shall be admitted as evidence or used for any purpose in any suit or action for damages growing out of any matter mentioned in said report or investigation. Members or employees of the Commission who have engaged in the investigation of a railroad accident shall not give expert or opinion testimony concerning such accidents in any such suit or action. Factual testimony of Commission personnel on matters observed in an accident investigation shall be required only where the Commission initially, or the court before which such suit or action is pending, determines that the evidence is not reasonably available by other means. Unless otherwise authorized by the court,

such factual testimony shall be taken only by deposition upon oral examination or written interrogatories, pursuant to regulations issued by the Commission."

[S. 1153, 89th Cong., 1st sess.]

A BILL To amend the Interstate Commerce Act and certain supplementary and related Acts with respect to the requirement of an oath for certain reports, applications, and complaints filed with the Interstate Commerce Commission.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That sections 20(2), 220(b), and 412(b) of the Interstate Commerce Act, as amended (49 U.S.C. 20(2), 320 (b), and 1012 (b), respectively), are each amended by deleting the words "made out under oath and" in the first sentence thereof, and by deleting the words "periodical or special" in the second sentence thereof.

SEC. 2. Section 313 (a) of the Interstate Commerce Act, as amended (49 U.S.C. 913(a)), is amended by deleting the words "made out under oath and" in the third sentence thereof, and by deleting the words "periodical or special" in the last sentence thereof.

SEC. 3. The section sentence of section 20a (4) of the Interstate Commerce Act, as amended (49 U.S.C. 20a (4)), is amended to read as follows: "Every such application, as also every certificate of notification hereinafter provided for, shall be signed and filed on behalf of the carrier by its president, a vice president, auditor, comptroller, or other executive officer having knowledge of the matters therein set forth and duly designated for that purpose by the carrier, and shall, whenever the Commission so requires, be made under oath.".

SEC. 4. Section 204 (a) (4a) of the Interstate Commerce Act, as amended (49 U.S.C. 304 (a) (4a)), is amended by inserting between the word "oath" and the comma in the last sentence thereof, the words "whenever the Commission so requires".

SEC. 5. Sections 206(b), 209(b), and 309 (g) of the Interstate Commerce Act, as amended (49 U.S.C. 306(b), 309 (b), and 909 (g), respectively), are amended by inserting between the word "oath" and the comma that follows it in the first sentence thereof, the words "whenever the Commission so requires". SEC. 6. Sections 309 (b) and 410 (b) of the Interstate Commerce Act, as amended (49 U.S.C. 909 (b) and 1010 (b), respectively), are amended by inserting between the word "oath" and the comma that follows it, the words "whenever the Commission so requires".

SEC. 7. Sections 218(b), 307(a), and 307(h) of the Interstate Commerce Act, as amended (49 U.S.C. 318(b), 907(a), and 907(h), respectively), are amended by inserting between the words "shall" and "be" in the last sentence thereof, the words", whenver the Commission so requires,".

SEC. 8. The first section of the Act entitled "An Act requiring common carriers engaged in interstate and foreign commerce to make full reports of all accidents to the Interstate Commerce Commission, and authorizing investigations thereof by said Commission," approved May 6, 1910, as amended (45 U.S.C. 38) is amended by deleting the words ", under oath," and by inserting between the word "therewith" and the colon preceding the proviso, the words ", and shall, whenever the Commission so requires, be under oath".

SEC. 9. The second sentence of the second paragraph of section 77 (p) of the Bankruptcy Act, as amended (11 U.S.C. 205 (p)), is amended to read as follows: "Every such application shall be signed by, or on behalf of, the applicant by a duly authorized agent having knowledge of the matters therein set forth, and shall, whenever the Commission so requires, be made under oath.".

SEC. 10. The fourth sentence of section 6 of the Act entitled "An Act to promote the safety of employees and travelers upon railroads by compelling common carriers engaged in interstate commerce to equip their locomtives with safe and suitable boilers and appurtenances thereto", approved February 17, 1911, as amended (45 U.S.C., sec. 29), is amended to read as follows: "To this end each carrier subject to this Act shall file with the inspector in charge, under the oath of the proper officer or employee whenever the Commission so requires, a duplicate of the report of each inspection required by such rules and regulations, and shall also file with such inspector, under the oath of the proper officer or

employee whenever the Commission so requires, a report showing the repair of the defects disclosed by the inspection.".

[S. 1728, 89th Cong., 1st sess.]

A BILL To amend section 222 (b) of the Interstate Commerce Act with respect to the service of process in enforcement proceedings, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That subsection (b) of section 222 of the Interstate Commerce Act (49 U.S.C. 322(b)), is amended to read as follows:

The

"(b) If any motor carrier or broker operates in violation of any provision of this part (except as to the reasonableness of rates, fares, or charges and the discriminatory character thereof), or any lawful rule, regulation, requirement, or order promulgated by the Commission, or of any term or condition of any certificate or permit, the Commission or its duly authorized agent may apply for the enforcement thereof to the district court of the United States for any district where such motor carrier or broker operates. In any proceeding instituted under the provisions of this section any person, or persons, acting in concert or participation with such carrier or broker in the commission of such violation may, without regard to his or their residence, be included, in addition to the motor carrier or broker, as a party, or parties to the proceeding. court shall have jurisdiction to enforce obedience to any such provision of this part, or of such rule, regulation, requirement, order, term, or condition by a writ of injunction or by other process, mandatory or otherwise, restraining such carrier or broker, his or its officers, agents, employees, and representatives, and such other person, or persons, acting in concert or participation with such carrier or broker, from further violation of such provision of this part, or of such rule, regulation, requirement, order, term, or condition and enjoining upon it or them obedience thereto. Process in such proceedings may be served upon such motor carrier, or broker, or upon such person, or persons, acting in concert or participation therewith in the commission of such violation, without regard to the territorial limits of the district or of the State in which the proceeding is instituted."

[S. 1731, 89th Cong., 1st sess.]

A BILL To amend section 212 (a) of the Interstate Commerce Act, as amended, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That subsection (a) of section 212 of the Interstate Commerce Act (49 U.S.C. 312(a)), is amended as follows:

(1) The second sentence is amended by striking out "of the Commission promulgated thereunder" and by inserting in lieu thereof "promulgated by the Commission".

(2) The first proviso is amended

(A) by striking out "willfully", and

(B) by striking out "or to the rule or regulation of the Commission thereunder" and by inserting in lieu thereof "or to any lawful order, rule, or regulation promulgated by the Commission".

(3) The second proviso is amended by inserting "215", immediately after "211 (c),".

SEC. 2. Subsection (c) of section 204 of the Interstate Commerce Act (49 U.S.C. 304 (c)), is amended as follows:

(1) The first sentence is amended by inserting, immediately after "thereto" and before the period, the following: ", or with any lawful order, rule, or regulation promulgated by the Commission".

(2) The second sentence is amended by striking out "Provision or requirement" and by inserting in lieu thereof "provision, requirement, order, rule, or regulation".

[S. 1732, 89th Cong., 1st sess.]

A BILL To amend sections 204a and 406a of the Interstate Commerce Act in order to provide civil liability for violations of such Act by common carriers by motor vehicle and freight forwarders.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 204a of the Interstate Commerce Act is amended to read as follows:

"REPARATION AWARDS; LIMITATION OF ACTIONS

"SEC. 204a. (a) In case any common carrier by motor vehicle subject to the provisions of this part shall do, cause to be done, or permit to be done any act, matter, or thing in this part prohibited or declared to be unlawful, or shall omit to do any act, matter, or thing in this part required to be done, such carrier shall be liable to the person or persons injured thereby for the full amount of damages sustained in consequence of any such violation, together with a reasonable counsel's or attorney's fee, to be fixed by the court in every case of recovery, which attorney's fee shall be taxed and collected as part of the costs in the case. "(b) Any person, organization, or body politic claiming to be damaged by any such carrier may either make complaint to the Commission or may bring suit in his or their own behalf for the recovery of the damages for which such carrier may be liable under the provisions of subsection (a), in any district court of the United States of competent jurisdiction; but such person, organization, or body politic shall not have the right to pursue both of said remedies.

"(c) When a complaint as authorized in paragraph (b) of this section is filed with the Commission, a statement of such complaint shall be forwarded by the Commission to the carrier or carriers named in such complaint, who shall be called upon to satisfy the complaint, or to answer the same in writing, within a reasonable time, to be specified by the Commission. If such carrier or carriers within the time specified shall make reparation for the injury alleged to have been done, such carrier or carriers shall be relieved of liability to the complainant only for the particular violation of law set forth in the complaint. If such carrier or carriers shall not satisfy the complaint within the time specified, or there shall appear to be any reasonable ground for investigating the said complaint, it shall be the duty of the Commission to investigate the matters complained of in such manner and by such means as it shall deem proper.

"(d) If, after hearing on a complaint, the Commission shall determine that any party complainant is entitled to an award of damages under the provisions of this part for a violation thereof by any carrier, the Commission shall make an order directing the carrier to pay to the complainant the sum to which he is entitled on or before a day named.

"(e) If such carrier does not comply with an order for the payment of money within the time limit in such order, the complainant, or any person for whose benefit such order was made, may file with the district court of the United States for the district in which he or it resides, or in which is located the principal operating office of such carrier, or in which such carrier operates, or in any State court of general jurisdiction having jurisdiction of the parties, a complaint setting forth briefly the causes for which he claims damages, and the order of the Commission in the premises. Such suit in the district court of the United States shall proceed in all respects like other civil suits for damages, except that on the trial of such suit the findings and order of the Commission shall be prime facie evidence of the facts therein stated, and except that the plaintiff shall not be liable for costs in the district court nor for costs at any subsequent stage of the proceedings unless they accrue upon his appeal. If the plaintiff shall finally prevail he shall be allowed a reasonable attorney's fee, to be taxed and collected as a part of the costs of the suit.

“(f) (1) (A) All actions at law by common carriers by motor vehicle subject to the provisions of this part for the recovery of their charges, or any part thereof, shall be begun within three years from the time the cause of action accrues, and not after.

"(B) All complaints against such carriers for the recovery of damages not based on overcharges shall be filed with the Commission within two years from the time the cause of action accrues, and not after, subject to subparagraph (D), "(C) For the recovery of overcharges, action at law shall be begun or complaint filed with the Commission against such carriers within three years from the time

the cause of action accrues, and not after, subject to subparagraph (D), except that if claim for the overcharge has been presented in writing to the carrier within the three-year period of limitation said period shall be extended to include six months from the time notice in writing is given by the carrier to the claimant of disallowance of the claim, or any part or parts thereof, specified in the notice.

"(D) If on or before expiration of the two-year period of limitation in subparagraph (B) or the three-year period of limitation in subparagraph (C) a common carrier by motor vehicle subject to the provisions of this part begins action under subparagraph (A) for recovery of charges in respect of the same transportation service, or, without beginning action, collects charges in respect of that service, said period of limitation shall be extended to include ninety days from the time such action is begun or charges are collected by the carrier. "(2) The cause of action in respect of a shipment of property shall, for the purposes of this section, be deemed to accrue upon delivery or tender or delivery thereof by the carrier and not after.

"(3) A complaint for the enforcement of an order of the Commission for the payment of money shall be filed in the district court or the State court within one year from the date of the order, and not after.

"(4) The term 'overcharges' as used in this section means charges for transportation services in excess of those applicable thereto under the tariffs lawfully on file with the Commission.

"(5) The provisions of this section 204a shall extend to and embrace all transportation of property or passengers for or on behalf of the United States in connection with any action brought before the Commission or any court by or against carriers subject to this part: Provided, however, That with respect to such transportation of property or passengers for or on behalf of the United States, the periods of limitation herein provided shall be extended to include three years from the date of (A) payment of charges for the transportation involved, or (B) subsequent refund for overpayment of such charges, or (C) deduction made under section 322 of the Transportation Act of 1940 (49 U.S.C. 66), whichever is later.

"(g) In suits brought to enforce an order of the Commission for the payment of money all parties in whose favor the Commission may have made an award of damages by a single order may be joined as plaintiffs, and all of the carriers parties to such order awarding such damages may be joined as defendants, and such suit may be maintained by such joint plaintiffs and against such joint defendants in any district where any one of such joint plaintiffs could maintain such suit against any one of such joint defendants; and service of process against any one of such defendants as may not be found in the district where the suit is brought may be made in any district where such defendant has his or its principal operating office. In case of such joint suit the recovery, if any, may be by judgment in favor of any one of such plaintiffs, against the defendant found to be liable to such plaintiff."

SEC. 2. Section 406a of the Interstate Commerce Act is amended to read as follows:

"REPARATION AWARDS: LIMITATION OF ACTIONS

"SEC. 406a. (a) In case any freight forwarder subject to the provisions of this part shall do, cause to be done, or permit to be done any act, matter, or thing in this part prohibited or declared to be unlawful, or shall omit to do any act, matter, or thing in this part required to be done, such freight forwarder shall be liable to the person or persons injured thereby for the full amount of damages sustained in consequence of any such violation, together with a reasonable counsel's or attorney's fee, to be fixed by the court in every case of recovery, which attorney's fee shall be taxed and collected as part of the costs in the case.

"(b) Any person, organization, or body politic claiming to be damaged by any such freight forwarder may either make complaint to the Commission or may bring suit in his or their own behalf for the recovery of the damages for which such freight forwarder may be liable under the provisions of paragraph (a) of this section, in any district court of the United States of competent jurisdiction; but such person, organization, or body politic shall not have the right to pursue both of said remedies.

"(c) When a complaint as authorized in paragraph (b) of this section is filed with the Commission, a statement of such complaint shall be forwarded by the Commission to the freight forwarder or forwarders named in such complaint,