49 U.S.C.
United States Code, 1994 Edition
Title 49 - TRANSPORTATION
SUBTITLE IV - INTERSTATE COMMERCE
CHAPTER 103 - INTERSTATE COMMERCE COMMISSION
SUBCHAPTER II - ADMINISTRATIVE
Sec. 10321 - Powers
From the U.S. Government Publishing Office, www.gpo.gov

§10321. Powers

(a) The Interstate Commerce Commission shall carry out this subtitle. Enumeration of a power of the Commission in this subtitle does not exclude another power the Commission may have in carrying out this subtitle. The Commission may prescribe regulations in carrying out this subtitle.

(b) The Commission may—

(1) inquire into and report on the management of the business of carriers providing, and brokers for, transportation and service subject to this subtitle;

(2) inquire into and report on the management of the business of a person controlling, controlled by, or under common control with those carriers or brokers to the extent that the business of that person is related to the management of the business of that carrier or broker;

(3) obtain from those carriers, brokers, and persons information the Commission decides is necessary to carry out this subtitle; and

(4) consistent with the transportation policy of section 10101 of this title, provide administrative assistance to small motor common carriers of passengers and local governments in preparing for proceedings under sections 10922(c)(2),1 10935, and 11501(e) of this title.


(c)(1) The Commission, an individual Commissioner, an employee board, and an employee delegated to act under section 10305 of this title may subpena witnesses and records related to a proceeding of the Commission from any place in the United States, to the designated place of the proceeding. If a witness disobeys a subpena, the Commission, or a party to a proceeding before the Commission, may petition a court of the United States to enforce that subpena.

(2) Subpenas may be signed by a Commissioner, the Secretary of the Commission, or a member of a board when the subpena relates to a matter delegated to the board under section 10305 of this title.

(3) The district courts of the United States have jurisdiction to enforce a subpena issued under this section. Trial is in the district in which the proceeding is conducted. The court may punish a refusal to obey a subpena as a contempt of court.

(d)(1) In a proceeding, the Commission may take the testimony of a witness by deposition and may order the witness to produce records. A party to a proceeding pending before the Commission may take the testimony of a witness by deposition and may require the witness to produce records at any time after a proceeding is at issue on petition and answer.

(2) If a witness fails to be deposed or to produce records under paragraph (1) of this subsection, the Commission may subpena the witness to take a deposition, produce the records, or both.

(3) A deposition may be taken before a judge of a court of the United States, a United States magistrate judge, a clerk of a district court, or a chancellor, justice, or judge of a supreme or superior court, mayor or chief magistrate of a city, judge of a county court, or court of common pleas of any State, or a notary public who is not counsel or attorney of a party or interested in the proceeding.

(4) Before taking a deposition, reasonable notice must be given in writing by the party or the attorney of that party proposing to take a deposition to the opposing party or the attorney of record of that party, whoever is nearest. The notice shall state the name of the witness and the time and place of taking the deposition.

(5) The testimony of a person deposed under this subsection shall be taken under oath. The person taking the deposition shall prepare, or cause to be prepared, a transcript of the testimony taken. The transcript shall be subscribed by the deponent.

(6) The testimony of a witness who is in a foreign country may be taken by deposition before an officer or person designated by the Commission or agreed on by the parties by written stipulation filed with the Commission. A deposition shall be filed with the Commission promptly.

(e) Each witness summoned before the Commission or whose deposition is taken under this section and the individual taking the deposition are entitled to the same fees and mileage paid for those services in the courts of the United States.

(Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1345; Pub. L. 97–261, §24, Sept. 20, 1982, 96 Stat. 1124; Pub. L. 103–272, §4(j)(12), July 5, 1994, 108 Stat. 1368.)

Historical and Revision Notes
Pub. L. 95–473
Revised SectionSource (U.S. Code)Source (Statutes at Large)
10321(a), (b) 49:12(1)(a) (1st sentence, 2d sentence less words after the semicolon, and last sentence words before 1st semicolon). Feb. 4, 1887, ch. 104, §12 (less (1)(a) (2d sentence words after semicolon and last sentence words after 1st semicolon and before last semicolon) and less (1)(b)), 24 Stat. 383; Mar. 2, 1889, ch. 382, §3, 25 Stat. 858; Feb. 10, 1891, ch. 128, §1, 26 Stat. 743; Feb. 28, 1920, ch. 91, §415, 41 Stat. 484; Aug. 9, 1935, ch. 498, §1, 49 Stat. 543; restated Sept. 18, 1940, ch. 722, §9, 54 Stat. 910; Feb. 5, 1976, Pub. L. 94–210, §207, 90 Stat. 42.
  49:15(16). Feb. 4, 1887, ch. 104, 24 Stat. 379, §15(16); added June 29, 1906, ch. 3591, §4, 34 Stat. 589; restated June 18, 1910, ch. 309, §12, 36 Stat. 551; Feb. 28, 1920, ch. 91, §421, 41 Stat. 488; Aug. 9, 1935, ch. 498, §1, 49 Stat. 543; Feb. 5, 1976, Pub. L. 94–210, §202(c), 90 Stat. 36.
  49:20b(10). Feb. 4, 1887, ch. 104, 24 Stat. 379, §20b(10); added Apr. 9, 1948, ch. 646, §32(a), 62 Stat. 166.
  49:304(a) (matter before (1), (6), and (7) (less words after semicolon)). Feb. 4, 1887, ch. 104, 24 Stat. 379, §204(a) (matter before (1), (6), and (7) (less words after semicolon)); added Aug. 9, 1935, ch. 498, §1, 49 Stat. 546; June 29, 1938, ch. 811, §4, 52 Stat. 1237; Sept. 18, 1940, ch. 722, §20(a), 54 Stat. 922.
  49:904(a) and (b) (less words after last semicolon). Feb. 4, 1887, ch. 104, 24 Stat. 379, §304(a) and (b) (less words after last semicolon); added Sept. 18, 1940, ch. 722, §201, 54 Stat. 933.
  49:1003(a) and (e) (less words after last semicolon). Feb. 4, 1887, ch. 104, 24 Stat. 379, §403 (a) and (e) (less words after last semicolon); added May 16, 1942, ch. 318, §1, 56 Stat. 285.
10321(c)(1) 49:12(1)(a) (last sentence words after semicolon), (2).
  49:305(d) (related to Commission and employee board subpena power). Feb. 4, 1887, ch. 104, 24 Stat. 379, §205(d) (related to Commission and employee board subpena power); added Aug. 9, 1935, ch. 498, §1, 49 Stat. 550; Sept. 18, 1940, ch. 722, §20(c)(2), 54 Stat. 922.
  49:916(a). 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.
  49:1017(a). 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.
10321(c)(2) 49:17(3) (last 42 words of 3d sentence). Feb. 4, 1887, ch. 104, §17(3) (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, §432, 41 Stat. 493; 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.
  49:305(h). 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.
10321(c)(3) 49:12(3).
  49:305(d) (related to Commission and employee board subpena power).
  49:916(a).
  49:1017(a).
10321(d) (1)–(4) 49:12(4).
  49:305(d) (related to depositions taken by Commission and employee boards).
  49:916(a).
  49:1017(a).
10321(d) (5), (6) 49:12 (5), (6).
  49:305(d) (related to depositions taken by Commission and employee boards).
  49:916(a).
  49:1017(a).
10321(e) 49:12(7).
  49:18(1) (last sentence). Feb. 4, 1887, ch. 104, §18(1) (last sentence), 24 Stat. 383; restated Mar. 2, 1889, ch. 382, §7, 25 Stat. 861; Feb. 28, 1920, ch. 91, §433, 41 Stat. 493.
  49:305(d) (related to depositions taken by Commission and employee boards).
  49:916(a).
  49:1017(a).

The section consolidates and restates the source provisions for clarity.

In subsection (a), the words “carry out” are substituted for “execute” and “enforce” in 49:12(1)(a) and 304(a)(6) and for “administer” in 49:304(a)(6), 904(a), and 1003(a) for clarity. In the second sentence, the words “foregoing” and “making of an order” from 49:15(16) are omitted as surplus.

In subsection (b), the words “The Commission may” are substituted for “The Commission shall have authority, in order to perform the duties and carry out the objects for which it was created” and “and the Commission shall keep itself informed as to the manner and method in which the same are conducted” from 49:12(1)(a) because the authority is discretionary. A similar change has been made for language in 49:304(a) (matter before paragraph (1)), 904(a), and 1003(a).

In subsections (c) and (d), the words after the semicolon in 49:305(c) are omitted as unnecessary in view of the restatement.

In subsection (c)(1), the word “records” is substituted for “books, papers, tariffs, contracts, agreements, and documents”. The word “proceeding” is substituted for “proceeding”, “matter”, and “investigation” to eliminate redundancy.

In subsection (d)(1), the word “proceeding” is substituted for “proceeding or investigation” to eliminate redundancy.

In subsection (d)(3), the words “United States magistrate” are substituted to conform to title 28. The term “district court” is substituted for “circuit court” because of the Act of March 3, 1911, ch. 231, §291, 36 Stat. 1167.

In subsection (d)(5), the word “oath” is substituted for “cautioned and sworn (or affirm, if he so request)” in view of section 1 of title 1. The words “to testify the whole truth, and shall be carefully examined” are omitted as surplus.

Pub. L. 103–272

Section 4(j)(12) amends 49:502(e)(2) and 10321(d)(3) to reflect the change in the name of United States magistrates to United States magistrate judges made by section 321 of the Judicial Improvements Act of 1990 (Public Law 101–650, 104 Stat. 5117).

References in Text

Section 10922(c)(2) of this title, referred to in subsec. (b)(4), was redesignated section 10922(d)(2) of this title by Pub. L. 103–311, title II, §207(a)(1), Aug. 26, 1994, 108 Stat. 1686.

Amendments

1994—Subsec. (d)(3). Pub. L. 103–272 inserted “judge” after “United States magistrate”.

1982—Subsec. (b)(4). Pub. L. 97–261 added par. (4).

Effective Date of 1982 Amendment

Amendment by Pub. L. 97–261 effective on 60th day after Sept. 20, 1982, see section 31(a) of Pub. L. 97–261, set out as a note under section 10101 of this title.

Section Referred to in Other Sections

This section is referred to in sections 10341, 10344 of this title.

1 See References in Text note below.