(h) to pay per diem to personnel required to travel in connec tion with the operation or inspection of the train as follows: To civilian personnel at the maximum rate applicable under existing laws or regulations; to officer personnel of the armed services in accordance with section 12 of the Pay Readjustment Act of June 16, 1942, and regulations pertinent thereto; and to enlisted personnel of the armed services a military allowance in lieu of rations and quarters as provided in Executive Order Numbered 9871, as amended, and regulations pertinent thereto;

(i) to pay in cash for any services, supplies, or equipment not exceeding $50 in cost;

(j) to purchase, print, mimeograph, multilith, photostat, or produce or reproduce in any known manner, pamphlets, brochures, facsimiles or other material pertaining to the Freedom Train for free distribution or for sale, the proceeds of such sales to be paid into, administered, and expended as a part of the National Archives Trust Fund;

(k) to prescribe such rules and regulations as he may deem necessary for the operation of the Freedom Train.

SEC. 3. The Secretary of Defense is hereby authorized and directed to provide a security detachment for the protection of the Freedom Train.

SEC. 4. A commission is hereby created and established, to be known as the "Freedom Train Commission", to consist of the President protempore of the Senate, the Speaker of the House of Representatives, the minority leader of the Senate, the minority leader of the House of Representatives, the chairmen of the Senate and House Committees on Post Office and Civil Service, the Attorney General of the United States, the Librarian of Congress, the Archivist of the United States, and five members to be appointed by the President. The members of the said Commission shall serve during the period the Freedom Train is in operation, and for six months thereafter. Such members shall serve without compensation, but shall be reimbursed for travel, subsistence, and other necessary expenses incurred by them in the performance of the duties vested in the Commission. The Commission shall elect one of its members to serve as Chairman.

SEC. 5. The Commission shall advise on and consent to the plans and publicity formulated by the Archivist and submitted to it for exhibiting the Freedom Train, and with respect to its itinerary.

SEC. 6. There is hereby authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, such sums as may be necessary to carry out the provisions of this joint resolution, not to exceed $2,500,000 for the period ending July 5, 1951

Approved March 2, 1949.

[CHAPTER 272-1ST SESSION]

[S. 257] AN ACT

To amend the Interstate Commerce Act, as amended, so as to provide limitations on the time within which actions may be brought for the recovery of undercharges and overcharges by or against common carriers by motor vehicles, common carriers by water, and freight forwarders.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That part II of the Interstate Commerce Act, as amended, is amended by inserting after section 204 thereof a new section as follows:

"SEC. 204a. (1) All actions at law by common carriers by motor vehicle subject to this part for the recovery of their charges, or any part thereof, shall be begun within two years from the time the cause of action accrues, and not after.

"(2) For recovery of overcharges, action at law shall be begun against common carriers by motor vehicle subject to this part within two years from the time the cause of action accrues, and not after,. subject to paragraph (3) of this section, except that if claim for the overcharge has been presented in writing to the carrier within the two-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.

"(3) If on or before expiration of the two-year period of limitation in paragraph (2) a common carrier by motor vehicle subject to this part begins action under paragraph (1) 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 such charges are collected by the carrier.

"(4) 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 of delivery thereof by the carrier, and not after.

"(5) The term 'overcharges' as used in this section shall be deemed to mean charges for transportation services in excess of those applicable thereto under the tariffs lawfully on file with the Commission.

"(6) The provisions of this section shall apply only to cases in which the cause of action may accrue after the date of the enactment of this section."

SEC. 2. Subsection (a) of section 308 of the Interstate Commerce Act, as amended, is hereby amended to read as follows:

"(a) For the purposes of this section the term 'carrier' means a common carrier by water."

SEO. 3. (a) Subsection (f) (1) of section 308 of the Interstate Commerce Act, as amended, is hereby amended to read as follows:

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

"(B) All complaints against 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 subdivision (D).

"(C) For the recovery of overcharges action at law shall be begun or complaint filed with the Commission against carriers subject to this part within two years from the time the cause of action accrues, and not after, subject to subdivision (D), except that if claim for the overcharge has been presented in writing to the carrier within the two-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 subdivision (B) or the two-year period of limitation in subdivision (C) a carrier subject to this part begins action under subdivision (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 such charges are collected by the carrier."

(b) The amendments made by subsection (a) of this section shall apply only to cases in which the cause of action may accrue after the date of the enactment of this Act.

SEC. 4. Paragraph (5) of subsection (f) of section 308 of the Interstate Commerce Act, as amended, is hereby repealed.

SEC. 5. Part IV of the Interstate Commerce Act, as amended, is hereby amended by inserting after section 406 thereof a new section as follows:

"SEC. 406a. (1) All actions at law by freight forwarders subject to this part for the recovery of their charges, or any part thereof, shall be begun within two years from the time the cause of action accrues, and not after.

"(2) For recovery of overcharges action at law shall be begun against freight forwarders subject to this part within two years from the time the cause of action accrues, and not after, subject to paragraph (3) of this section, except that if claim for the overcharge has been presented in writing to the freight forwarder within the two-year period of limitation said period shall be extended to include six months from the time notice in writing is given by the freight forwarder to the claimant of disallowance of the claim, or any part or parts thereof, specified in the notice.

"(3) If on or before expiration of the two-year period of limitation in paragraph (2) a freight forwarder subject to this part begins action under paragraph (1) for recovery of charges in respect of the same 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 such charges are collected by the freight forwarder.

"(4) 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 of delivery thereof by the freight forwarder, and not after.

"(5) The term 'overcharges' as used in this section shall be deemed to mean charges for service in excess of those applicable thereto under the tariffs lawfully on file with the Commission.

"(6) The provisions of this section shall apply only to cases in which the cause of action may accrue after the date of the enactment of this section."

Approved June 29, 1949.

[PUBLIC LAW 185-818T CONGRESS]

[CHAPTER 361-18T SESSION]

[8. 255]

AN ACT

To amend section 205 of the Interstate Commerce Act, relating to joint boards. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That subsection (b) of section 205 of the Interstate Commerce Act is hereby amended to read as follows:

"(b) Whenever there arises in the administration of this part any matter that the Commission is required to refer to a joint board, or that the Commission determines, in its discretion, to refer to a joint board, the Commission shall, if no joint board eligible to consider said matter is in existence, create a joint board to consider the matter when referred, and to recommend appropriate order thereon. The Commission shall prescribe rules governing meetings and procedure of joint boards and may, in the event of legal proceedings preventing reference to a joint board, determine the matter as provided in section 17. Except as hereinafter provided, a joint board shall consist of a member from each State in which the motor carrier or brokerage operations involved are or are proposed to be conducted. The member from any such State shall be nominated by the board of such State from its own membership or otherwise; or if there is no board in such State or if the board of such State fails to make a nomination when requested by the Commission, then the Governor of such State may nominate such member. The Commission is authorized to appoint as a member upon the joint board any such nominee approved by it. If both the board and the Governor of any State shall fail to nominate a joint board member when requested, then the joint board shall be constituted without a member from such State, if members for two or more States shall have been nominated and approved by the Commission. All decisions and recommendations by joint boards shall be by majority vote: Provided, however, That in any matter where only one member shall participate in a hearing such member shall constitute a quorum and make recommendation of an order thereon. If the board of each State from which a member of a joint board is entitled to be appointed shall waive action on any matter referred to such joint board, or if any joint board fails or refuses to act, or is unable to agree upon any matter submitted to it within forty-five days after the matter is referred to it or such other period as the Commission may authorize, or if a member shall not be nominated for more than one State (except only when the operations proposed shall be into or through territory foreign to the United States), then such matter shall be decided as in the case of any matter not required to be referred to a joint board. The failure of a duly appointed member of a joint board to participate in any hearing on a matter referred to such joint board, after notice thereof, shall be considered to con