(e) A vacancy in the membership of the Commission does not impair the right of the remaining members to exercise all of the powers of the Commission. The Commission may designate a member to act as Chairman during any period in which there is no Chairman designated by the President.

(f) Subject to the general policies, decisions, findings, and determinations of the Commission, the Chairman is responsible for administering the Commission. The Chairman may delegate the powers granted under this subsection to an officer, employee, or administrative unit of the Commission. The Chairman shall

(1) appoint and supervise, other than regular and full time employees in the immediate offices of another member, the officers and employees of the Commission, including attorneys to provide legal aid and service to the Commission and its members, to represent the public interest in investigations and proceedings of the Commission, and to represent the Commission in any case in court;

(2) appoint the heads of major administrative units with the approval of the Commission;

(3) distribute Commission business among officers and employees and administrative units of the Commission;

(4) prepare requests for appropriations for the Commission and submit those requests to the President and Congress with the prior approval of the Commission; and

(5) supervise the expenditure of funds allocated by the Commission for major programs and purposes.

(g) The Commission shall have a seal that shall be judicially recognized.

(h) The expenses of the Commission shall be paid after presentation and approval by the Chairman of itemized vouchers.

(Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1341; Pub. L. 97-253, title V, § 502(b), Sept. 8, 1982, 96 Stat. 806.)

AMENDMENT OF SUBSECTION (b)

Pub. L. 97-253, title V, § 502(e), Sept. 8, 1982, 96 Stat. 806, provided that, effective Jan. 1, 1986, subsection (b) of this section is amended by substituting "5" for "7" following "composed of” and “3 members" for "4 members" following "more than".

AMENDMENT OF SUBSECTION (C)

Pub. L. 97-253, title V, § 502(h), Sept. 8, 1982, 96 Stat. 806, provided that, effective Jan. 1, 1984, and applicable to any person appointed after such date to fill any office as a member of the Interstate Commerce Commission, the term for which is prescribed by law to expire after such date, except the person designated by the President to fill the term of office which is to end under subsection (g) of this section (section 502(g) of Pub. L. 97-253, set out as a note below) on Dec. 31, 1991, subsection (c) of this section is amended by substituting “5 years" for "7 years”.

Feb. 4, 1887, ch. 104, §§ 11, 24, 24 Stat. 383, 387; June 29, 1906, ch. 3591, 8, 34 Stat. 595; Aug. 9, 1917, ch. 50, 1, 40 Stat. 270; Feb. 28, 1920, ch. 91, § 440, 41 Stat. 497; July 16, 1935, ch. 383, 1, 49 Stat. 481; Aug. 9, 1935, ch. 498, § 1, 49 Stat. 543; Reorg. Plan No. 1 of 1969, eff. Oct. 11, 1969, §3, 83 Stat. 859.

Feb. 4, 1887, ch. 104, § 18(1) (1st and 3d sentences), 24 Stat. 386, 387; Mar. 2, 1889, ch. 382, §7, 25 Stat. 861; June 29, 1906, ch. 3591, § 8, 34 Stat. 595; Feb. 28, 1920, ch. 91, §§ 433, 440, 41 Stat. 493, 497.

Feb. 4, 1887, ch. 104, 24 Stat. 379, § 205(1) (related to members of Commission); added Aug. 9, 1935, ch. 498, § 1, 49 Stat. 550; Sept. 18, 1940, ch. 722, § 20(cX2), 54 Stat. 922.

Reorg. Plan No. 1 of 1969, eff. Oct. 11, 1969, §§ 1, 2, 83 Stat. 859.

Feb. 4, 1887, ch. 104, 24 Stat. 379, 16(11); added June 18, 1910, ch. 309, 13, 36 Stat. 554; Oct. 22, 1913, ch. 32, 1, 38 Stat. 219; restated Feb. 28, 1920, ch. 91, § 428, 41 Stat. 492.

Feb. 4, 1887, ch. 104, 24 Stat. 379, 198(a) (2d and 3d sentences); added Mar. 1, 1913, ch. 92, 1, 37 Stat. 701; Feb. 28, 1920, ch. 91, § 433, 41 Stat. 493; June 16, 1933, ch. 91, § 207, 48 Stat. 221.

Feb. 4, 1887, ch. 104, § 20(10), 24 Stat. 386; restated June 29, 1906, ch. 3591, 7, 34 Stat. 593; Feb. 28, 1920, ch. 91, 436, 41 Stat. 494; Aug. 9, 1935, ch. 498, § 1, 49 Stat. 543.

Feb. 4, 1887, ch. 104, 24 Stat. 379, 205(j); added Aug. 9, 1935, ch. 498, 1, 49 Stat. 548; Sept. 18, 1940, ch. 722, 20(c)(2), 54 Stat. 922. Feb. 4, 1887, ch. 104, 24 Stat. 379, 319; added Sept. 18, 1940, ch. 722, § 201, 54 Stat. 950. Feb. 4, 1887, ch. 104, § 17(3) (2d sentence), 24 Stat. 385; Mar. 2, 1889, ch. 382, § 6, 25 Stat. 861; Aug. 9, 1917, ch. 50, 2, 40 Stat. 270; Feb. 28, 1920, ch. 91, § 432, 41 Stat. 493; restated Sept. 18, 1940, ch. 722, § 12, 54 Stat. 913.

Feb. 4, 1887, ch. 104, 24 Stat. 379, 205(h); added Aug. 9, 1935, ch. 498, 1, 49 Stat. 548; Sept. 18, 1940, ch. 722, § 20(c)(2), 54 Stat. 922. Feb. 4, 1887, ch. 104, 24 Stat. 379, 316(a); added Sept. 18, 1940, ch. 722, 201, 54 Stat. 946; Oct. 15, 1970, Pub. L. 91-452, § 243(b), 84 Stat. 931.

Feb. 4, 1887, ch. 104, 24 Stat. 379, 417(a); added May 16, 1942, ch. 318, 1, 56 Stat. 297; Oct. 15, 1970, Pub. L. 91-452, § 243(c), 84 Stat. 931.

Feb. 4, 1887, ch. 104, § 18(2), 24 Stat. 386; restated Mar. 2, 1889, ch. 382, 7, 25 Stat. 861; Feb. 28, 1920, ch. 91, § 433, 41 Stat. 493.

The section consolidates and restates the source provisions for clarity. The 3d sentence of 49:11 is omitted as executed. The text of 49:18(1) (1st sentence) is omitted as surplus in view of chapter 53 of title 5.

In subsection (d), the words "employ or" in the 6th sentence of 49:11 are omitted as surplus.

In subsection (f), the 2d and 3d sentences of 49:19a(a) are omitted as surplus. The words "examiners" and "special agents" are omitted as surplus. The words "executive and" in section 1(a) of Reorg. Plan No. 1 of 1969, are omitted as surplus.

In subsection (h), reference to transportation expenses is omitted as unnecessary in view of chapter 57 of title 5.

AMENDMENTS

1982-Subsec. (b). Pub. L. 97-253, § 502(b), substituted "7" and "4" for "11" and "6", respectively.

EFFECTIVE DATE OF 1982 AMENDMENT

Section 502(b) of Pub. L. 97-253 provided in part that the amendment by section 502(b) of Pub. L. 97-253 is effective Jan. 1, 1983.

ABOLITION OF OFFICES VACANT ON JULY 1, 1982 Section 502(a) of Pub. L. 97-253 provided that: "Effective January 1, 1983, each office within the Interstate Commerce Commission provided in section 10301(b) of title 49, United States Code (except one of the two offices prescribed by law to expire on December 31, 1984), which was vacant on July 1, 1982, is abolished."

ABOLITION OF OFFICES AFTER DECEMBER 31, 1985 Section 502(c) and (d) of Pub. L. 97-253 provided that:

"(c) Upon the expiration of the term of office as a member of the Interstate Commerce Commission which is prescribed by law to expire on December 31, 1982, any person appointed to fill such office after such date shall be appointed for a term of office which ends on December 31, 1985, and such office shall be abolished immediately after the expiration of that date.

"(d) Upon the expiration of the term of office as a member of the Interstate Commerce Commission which is prescribed by law to expire on December 31, 1983, any person appointed to fill such office after such date shall be appointed for a term of office which ends on December 31, 1985, and such office shall be abolished immediately after the expiration of that date."

REAPPOINTMENT TO TERMS OF OFFICE EXPIRING ON DECEMBER 31, 1982, OR DECEMBER 31, 1983 Section 502(f) of Pub. L. 97-253 provided that: "Nothing in subsection (c) or (d) of this section shall be construed as prohibiting the reappointment of any person serving in such office in terms expiring on December 31, 1982, or December 31, 1983, respectively." EXTENSION OF ONE TERM OF OFFICE PRESCRIBED BY LAW TO EXPIRE DECEMBER 31, 1987

Section 502(g) of Pub. L. 97-253 provided that: "The term of office of one of the two persons appointed to fill an office, as a member of the Interstate Commerce Commission, the term for which is prescribed by law to expire on December 31, 1987, shall end on December 31, 1991. At the time of the first of such two appointments, the President shall designate which appointment is to fill the term of office which shall end under the preceding sentence on December 31, 1991." LIMITATION ON AUTHORIZATION OF APPROPRIATIONS

FOR FISCAL YEARS 1982, 1983, AND 1984

Pub. L. 97-35, title XI, § 1196, Aug. 13, 1981, 95 Stat. 702, provided that: "Notwithstanding any other provision of law, the total amount authorized to be appro

Page 808

priated for necessary expenses of the Interstate Commerce Commission shall not exceed $79,000,000 for the fiscal year ending September 30, 1982; $80,400,000 for the fiscal year ending September 30, 1983; and $80,400,000 for the fiscal year ending September 30, 1984."

§ 10302. Divisions of the Commission

(a) The Interstate Commerce Commission may establish and assign Commissioners to serve on as many divisions as may be necessary and may designate any division as an appellate division. Each division shall be composed of at least 3 Commissioners. The Commission may assign a Commissioner to serve on more than one division.

(b) Unless otherwise directed by the Commission

(1) the Commissioner senior in service of the Commissioners on a division is chairman of the division; and

(2) the Chairman of the Commission, or another Commissioner designated by the Chairman, may serve on a division temporarily, when there is a vacancy in the membership of the division or when another Commissioner is absent or unable to serve.

(c) The Commission shall designate each division numerically or by a term descriptive of the function of that division.

(Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1342.)

49:17(1).

49:305(h).

49:916(a).

49:1017(a).

Feb. 4, 1887, ch. 104, § 17(1), 24 Stat. 385; Mar. 2, 1889, ch. 382, 6, 25 Stat. 861; Aug. 9, 1917, ch. 50, 2, 40 Stat. 270; Aug. 9, 1935, ch. 498, 1, 49 Stat. 543; restated Sept. 18, 1940, ch. 722, 12, 54 Stat. 913. Feb. 4, 1887, ch. 104, 24 Stat. 379, 205(h); added Aug. 9, 1935, ch. 498, § 1, 49 Stat. 548; Sept, 18, 1940, ch. 722, 20(c)(2), 54 Stat. 922. Feb. 4, 1887, ch. 104, 24 Stat. 379, 316(a); added Sept. 18, 1940, ch. 722, 201, 54 Stat. 946; Oct. 15, 1970, Pub. L. 91-452, § 243(b), 84 Stat. 931. Feb. 4, 1887, ch. 104, 24 Stat. 379, 417(a); added May 16, 1942, ch. 318, 1, 56 Stat. 297; Oct. 15, 1970, Pub. L. 91-452, § 243(c), 84 Stat. 931.

§ 10304. Employee boards

The Interstate Commerce Commission may establish employee boards composed of at least 3 employees. An employee who is a director or assistant director of a bureau, a chief of a section, an employee designated by the Commission, or an attorney may serve on a board. (Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1342.) HISTORICAL AND REVISION NOTES

49:17(4) (2d sentence).

49:305(h).

49:916(a).

49:1017(a).

10303(b).... 49:16(13).

49:304(d) (related to administrative matters).

49:916(d).

49:1017(d).

Feb. 4, 1887, ch. 104, § 18(1) (2d sentence), 24 Stat. 385; Mar. 2, 1889, ch. 382, § 7, 25 Stat. 861; June 29, 1906, ch. 3591, 8, 34 Stat. 595; Feb. 28, 1920, ch. 91, §§ 433, 440, 41 Stat. 493, 497.

Feb. 4, 1887, ch. 104, § 17(4)

(2d sentence), 24 Stat. 385; Mar. 2, 1889, ch. 382, § 6, 25 Stat. 861; Aug. 9, 1917, ch. 50, 2, 40 Stat. 270; Feb. 28, 1920, ch. 91, § 432, 41 Stat. 493; Aug. 9, 1935, ch. 498, 1, 49 Stat. 543; restated Sept. 18, 1940, ch. 722, § 12, 54 Stat. 913. Feb. 4, 1887, ch. 104, 24 Stat. 379, § 205(h); added Aug. 9, 1935, ch. 498, § 1, 49 Stat. 548; Sept. 18, 1940, ch. 722, § 20(c), 54 Stat. 922. Feb. 4, 1887, ch. 104, 24 Stat. 379, 316(a); added Sept. 18, 1940, ch. 722, § 201, 54 Stat. 946; Oct. 15, 1970, Pub. L. 91-452, § 243(b), 84 Stat. 931.

Feb. 4, 1887, ch. 104, 24 Stat. 379,417(a); added May 16, 1942, ch. 318, 1, 56 Stat. 297; Oct. 15, 1970, Pub. L. 91-452, § 243(c), 84 Stat. 931.

Feb. 4, 1887, ch. 104, § 16(13), 24 Stat. 384; Mar. 2, 1889, ch. 382, 5, 25 Stat. 859; June 29, 1906, ch. 3591, § 5, 34 Stat. 590; restated June 18, 1910, ch. 309, § 13, 36 Stat. 554; Feb. 28, 1920, ch. 91, § 429, 41 Stat. 492; Aug. 9, 1935, ch. 498, § 1, 49 Stat. 543.

Feb. 4, 1887, ch. 104, 24 Stat. 379, § 204(d) (related to administrative matters);

added Aug. 9, 1935, ch. 498, § 1, 49 Stat. 546; Sept. 18, 1940, ch. 722, § 20(b)(3), 54 Stat. 922.

Feb. 4, 1887, ch. 104, 24 Stat. 379, 316(d); added Sept. 18, 1940, ch. 722, 201, 54 Stat. 946.

Feb. 4, 1887, ch. 104, 24 Stat. 379, 417(d); added May 16, 1942, ch. 318, § 1, 56 Stat. 297.

The section consolidates and restates the source provisions for clarity.

In subsection (a), the 2d sentence of 49:17(4) is omitted as surplus.

In subsection (b), the words "shall be preserved" and "with like effect as the originals" from 49:16(13), 916(d), and 1017(d) are omitted as surplus. The word "arrangements" is substituted for "contracts, agreements, and arrangements" for clarity. The word "tariffs" is substituted for "schedules... tariffs" in view of the definition of "tariff" in section 10102 of the revised title. The words "rates, fares, and charges" are omitted in view of the requirement of subchapter IV of chapter 107 that rates, fares, and charges be included in tariffs. The words "is competent evidence in a proceeding of the Commission" are substituted for "shall be received as prima facie evidence of what they purport to be for the purpose of investigation by the Commission" in 49:16(13) for clarity.

Feb. 4, 1887, ch. 104, § 17(2) (1st sentence 80th-98th words and 2d sentence), 24 Stat. 385; Aug. 9, 1917, ch. 50, 2, 40 Stat. 270; Feb. 28, 1920, ch. 91, § 431, 41 Stat. 492; Feb. 28, 1933, ch. 136, 1, 47 Stat. 1368; Aug. 9, 1935, ch. 498, § 1, 49 Stat. 543; restated Sept. 18, 1940, ch. 722, § 12, 54 Stat. 913.

Feb. 4, 1887, ch. 104, 24 Stat. 379, § 205(h); added Aug. 9, 1935, ch. 498, § 1, 49 Stat. 548; Sept. 18, 1940, ch. 722, 20(c), 54 Stat. 922.

Feb. 4, 1887, ch. 104, 24 Stat. 379, 316(a); added Sept. 18, 1940, ch. 722, § 201, 54 Stat. 946; Oct. 15, 1970, Pub. L. 91-452, § 243(b), 84 Stat. 931.

Feb. 4, 1887, ch. 104, 24 Stat. 379, 417(a); added May 16, 1942, ch. 318, 1, 56 Stat. 297; Oct. 15, 1970, Pub. L. 91-452, § 243(c), 84 Stat. 931.

The words "The following classes of employees shall be eligible for designation by the Commission to serve on such boards" are omitted as unnecessary in view of the restatement. The words "employee designated by the Commission" are substituted for "examiner" because as used in this section the term is not limited to an employee appointed under section 3105 of title 5. As a result, the Commission may classify any group of employees as examiners under 49:17(2). That result is not affected by subchapter II of chapter 5 of title 5 because of section 559 of title 5.

§ 10305. Delegation of authority

(a) The Interstate Commerce Commission may delegate to a division, an individual Commissioner, an employee board, or an employee appointed under section 3105 of title 5, a matter before the Commission for action, including a matter referred to it by either House of Congress or by Congress. However, the Commission may not delegate a matter required to be referred to a joint board under section 10341 of this title, or a function vested in the Commission under this chapter. The Commission may change or rescind a delegation under this subsection at any time. When a Commissioner or employee cannot act on a matter delegated under this section because of absence or another reason, the Chairman of the Commission may designate another Commissioner or employee, as the case may be, to serve temporarily until the Commission otherwise orders.

(b) Delegation to a division of a matter related to the validity of rates shall be made according to the character of regulation exercised. The delegation of any such matter may not be

made according to the kind or class of carrier involved or to the form or mode of transportation in which that carrier may be engaged.

(c) A division, individual Commissioner, employee board, or an employee may act on a matter delegated under subsection (a) of this section. When acting under this section, a division, individual Commissioner, board, or an employee has the same power and authority and is subject to the same duties and obligations as the Commission. Action taken under this section has the same force and is taken in the same manner as if taken by the Commission. (Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1342.) HISTORICAL AND REVISION NOTES

Source (Statutes at Large)

Feb. 4, 1887, ch. 104, § 17(2) (less 80th-98th words in 1st sentence and less 2d sentence), (4) (1st and 3d sentences), 24 Stat. 385; Aug. 9, 1917, ch. 50, § 2, 40 Stat. 270; Feb. 28, 1920, ch. 91, $432, 41 Stat. 492; Feb. 28, 1933, ch. 136, § 1, 47 Stat. 1368; Aug. 9, 1935, ch. 498, §1, 49 Stat. 543; restated Sept. 18, 1940, ch. 722, § 12, 54 Stat. 913.

Feb. 4, 1887, ch. 104, 24 Stat. 379, 17(11); added Sept. 18, 1940, ch. 722, § 12, 54 Stat. 913; Feb. 5, 1976, Pub. L. 94-210, § 303(a), 90 Stat. 48.

Feb. 4, 1887, ch. 104, 24 Stat. 379, 205(h); added Aug. 9, 1935, ch. 498, § 1, 49 Stat. 548; Sept. 18, 1940, ch. 722, 20(c), 54 Stat. 922. Feb. 4, 1887, ch. 104, 24 Stat. 379, 316(a); added Sept. 18, 1940, ch. 722, § 201, 54 Stat. 946; Oct. 15, 1970, Pub. L. 91-452, § 243(b), 84 Stat. 931.

Feb. 4, 1887, ch. 104, 24 Stat. 379,417(a); added May 16, 1942, ch. 318, § 1, 56 Stat. 297; Oct. 15, 1970, Pub. L. 91-452, § 243(c), 84 Stat. 931.

Page 810

Commissioner, the Secretary of the Commission, a member of an employee board, or an employee delegated to act under section 10305 of this title may administer oaths.

(b) A party may appear and be heard before the Commission, a division, an individual Commissioner, a board, or an employee delegated to act under section 10305 of this title in person or by an individual admitted to practice under section 10308 of this title. A hearing before the Commission, a division, an individual Commissioner, a board, or an employee shall be made public on the request of an interested party.

(c) The Commission shall conform its forms for giving notice and their manner of service, to the extent practical, to those used by the courts of the United States.

(d) Votes and other official acts of the Commission, a division, an individual Commissioner, an employee board, or an employee delegated to act under section 10305 of this title shall be recorded and shall be made public on the request of an interested party.

(e) A member of a board and an employee delegated to act under section 10305 of this title may not have a pecuniary interest in, hold an official relation to, or own securities of a carrier providing transportation by any mode.

(f) The Commission shall review at least once every 3 years and revise as necessary the rules of practice for matters related to rail carriers adopted under section 305(c) of the Railroad Revitalization and Regulatory Reform Act of 1976 (90 Stat. 53).

(Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1343.)

10306(a)(e).

49:17(3) (less 2d sentence and last 42 words of 3d sentence).

sentences).

49:17(11).

49:305(h).

49:916(a).

49:1017(a).

In subsection (a), the words "work, business, or functions under any provision of law" and "by order" from 49:17(2) are omitted as surplus. The word "change" is substituted for "amend", "modify", and "supplement" in 49:17(2) for clarity and consistency. The words "employee appointed under section 3105 of title 5" are substituted for "examiner" in 49:17(11) for clarity because those examiners perform judicial functions. The provisions of 49:17(11) initially applied only to hearings involving motor carriers but are revised to apply to any matter under the subtitle in view of section 556 of title 5.

In subsection (c), the words "hear", "determine", "order", "certify", "report", "otherwise act", "force", and "evidenced" from 49:17(4) are omitted as surplus. SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 10306, 10307, 10310, 10321, 10327 of this title.

§ 10306. Conduct of proceedings

(a) A majority of the Interstate Commerce Commission, a division, or an employee board is a quorum for the transaction of business. A

49:17(11).

49:305(h), (i) (related to examiners).

49:916(a).

49:1017(a).

Feb. 4, 1887, ch. 104, §17(3) (less 2d sentence and last 42 words of 3d sentence), 24 Stat. 385; Mar. 2, 1889, ch. 382, 6, 25 Stat. 861; Aug. 9, 1917, ch. 50, § 2, 40 Stat. 270; Feb. 28, 1920, ch. 91, 430, 41 Stat. 492; Feb. 28, 1933, ch. 136, §1, 47 Stat. 1368; Aug. 9, 1935, ch. 498, 1, 49 Stat. 543; restated Sept. 18, 1940, ch. 722, 12, 54 Stat. 913. Feb. 4, 1887, ch. 104, 24 Stat. 379, 17(11); added Sept. 18, 1940, ch. 722, 12, 54 Stat. 913; Feb. 5, 1976, Pub. L. 94-210, 304(a), 90 Stat. 48. Feb. 4, 1887, ch. 104, 24 Stat. 379, 205(h), (1) (related to examiners); added Aug. 9, 1935, ch. 498, § 1, 49 Stat. 548; Sept. 18, 1940, ch. 722, 20(c)(2), 54 Stat. 922. Feb. 4, 1887, ch. 104, 24 Stat. 379, 316(a); added Sept. 18, 1940, ch. 722, §201, 54 Stat. 946; Oct. 15, 1970, Pub. L. 91-452, § 243(b), 84 Stat. 931. Feb. 4, 1887, ch. 104, 24 Stat. 379, 417(a); added May 16, 1942, ch. 318, 1, 56 Stat. 297; Oct. 15, 1970, Pub. L. 91-452, § 243(c), 84 Stat. 931. Feb. 5, 1976, Pub. L. 94-210, $305(e), 90 Stat. 54.

rules or orders as may be requisite for the order and regulation of proceedings before it, or before any division, individual Commissioner, or board, including forms of notice and service thereof" in 49:17(3) (5th sentence) are omitted as unnecessary in view of section 10321 of the revised title. The last sentence of 49:17(3) is omitted as unnecessary in view of section 10301(d) of the revised title and subsection (e) of this section. The words "individual admitted to practice under section 10308 of this title" are substituted for "attorney" for consistency in view of section 10308. The words "shall be recorded" are substituted for "shall be entered of record" in 49:17(3) for clarity. The words "transportation by any mode" are substituted for "any motor carrier or in any carrier by railroad, water, or other form of transportation" in 49:305 for clarity.

In subsection (f), the words "at least" are substituted for "not less than" for clarity and consistency. The word "periodically" is omitted as surplus. The words "section 305(c) of the Railroad Revitalization and Regulatory Reform Act of 1976 (90 Stat. 53)" are substituted for "subsection (c) of this section" for clarity in view of the restatement.

REFERENCES IN TEXT

Section 305(c) of the Railroad Revitalization and Regulatory Reform Act of 1976 (90 Stat. 53), referred to in subsec. (f), is Pub. L. 94-210, title III, § 305(c), Feb. 5, 1976, 90 Stat. 53, and was repealed by Pub. L. 95-473, § 4(b), Oct. 17, 1978, 92 Stat. 1466.

§ 10307. Office and sessions

(a) The principal office of the Interstate Commerce Commission is in the District of Columbia. Until otherwise provided by law, the Commission may obtain suitable offices for its use and may procure all necessary office supplies.

(b) General sessions of the Commission are held at its principal office. However, the Commission may hold special sessions in any part of the United States, for the convenience of the public or the parties and to avoid delay and expense. The Commission, an individual Commissioner, an employee board, or an employee delegated to act under section 10305 of this title may conduct proceedings under this subtitle in any part of the United States for the convenience of the parties.

(Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1343.) HISTORICAL AND REVISION NOTES

Source (Statutes at Large)

Feb. 4, 1887, ch. 104, § 19, 24 Stat. 386; Aug. 9, 1935, ch. 498, § 1, 49 Stat. 543. Feb. 4, 1887, ch. 104, 24 Stat. 379, § 18(1) (4th sentence); added Mar. 2, 1889, ch. 382, § 7, 25 Stat. 861; June 29, 1906, ch. 3591, 8, 34 Stat. 595; Feb. 28, 1920, ch. 91, §§ 433, 440, 41 Stat. 493, 497.

Feb. 4, 1887, ch. 104, 24 Stat. 379, § 205(c) (related to the Commission); added Aug. 9, 1935, ch. 498, 1, 49 Stat. 549; Sept. 18, 1940, ch. 722, § 20(c)(2), 54 Stat. 922.

In subsection (a) (1st sentence), the words "District of Columbia" in 49:19 are substituted for "city of Washington" to reflect its incorporation.

In subsection (b), the words "conduct proceedings under this subtitle" are substituted for "prosecute any inquiry necessary to its duties" in 49:19 and "hearings" in 49:305(c). Subsection (b) is written to have subtitle-wide application because of the general power of the Commission to conduct investigations and carry out the subtitle under sections 10321 and 11701 of the revised title.

§ 10308. Admission to practice

Subject to section 500 of title 5, the Interstate Commerce Commission may regulate the admission of individuals to practice before it and may impose a reasonable admission fee. (Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1343.) HISTORICAL AND REVISION NOTES

Revised Section

10308.

49:17(13).

49:305(h).

49:916(a).

49:1017(a).

Feb. 4, 1887, ch. 104, 24 Stat. 379, 17(13); added Sept. 18. 1940, ch. 722, § 12, 54 Stat. 913; Feb. 5, 1976, Pub. L 94-210, § 303(a), 90 Stat. 48. Feb. 4, 1887, ch. 104, 24 Stat. 379, § 205(h); added Aug. 9, 1935, ch. 498, § 1, 49 Stat. 548; Sept. 18, 1940, ch. 722, § 20(c), 54 Stat. 922.

Feb. 4, 1887, ch. 104, 24 Stat. 379, 316(a); added Sept. 18, 1940, ch. 722, 201, 54 Stat. 946; Oct. 15, 1970, Pub. L. 91-452, § 243(b), 84 Stat. 931. Feb. 4, 1887, ch. 104, 24 Stat. 379, 417(a); added May 16, 1942, ch. 318, § 1, 56 Stat. 297; Oct. 15, 1970, Pub. L 91-452, 243(c), 84 Stat. 931.

The section consolidates and restates the source provisions for clarity. The last clause of 49:17(13) is omitted as surplus in view of section 484 of title 31. The words "Subject to section 500 of title 5" are inserted for clarity and to conform to title 5.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 10306 of this title.

§ 10309. Access to records by congressional committees

(a) When the Committee on Interstate and Foreign Commerce of the House of Representatives or the Committee on Commerce, Science, and Transportation of the Senate makes a written request for a record in the possession or under the control of the Interstate Commerce Commission related to a matter involving a rail carrier providing transportation subject to this subtitle, the Commission shall send that record or a copy to the committee by the 10th day after the date of receipt of the request. If the record is not sent, the Commission shall send a written report to that committee within the 10day period stating the reason why the record has not been sent and the anticipated date on which it will be sent. If the Commission transfers a record in its possession or under its control to another department, agency, or instrumentality of the United States Government, or to a person, it must condition the transfer on the guaranteed return of the record by the