§10301. General

(a) The Interstate Commerce Commission is an independent establishment of the United States Government.

(b) The Commission is composed of 5 members appointed by the President, by and with the advice and consent of the Senate. The President shall designate one of the members as Chairman. Not more than 3 members may be appointed from the same political party.

(c) The term of each member of the Commission is 5 years and begins when the term of the predecessor of that member ends. An individual appointed to fill a vacancy occurring before the expiration of the term for which the predecessor of that individual was appointed, is appointed for the remainder of that term. When the term of office of a member ends, the member may continue to serve until a successor is appointed and qualified. The President may remove a member for inefficiency, neglect of duty, or malfeasance in office.

(d) A member of the Commission may not have a pecuniary interest in, hold an official relation to, or own stock in or bonds of, a carrier providing transportation by any mode and may not engage in another business, vocation, or employment.

(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), (e), (h)(1), Sept. 8, 1982, 96 Stat. 806 .)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
10301(a), (b), (c)	49:11.	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.
	49:18(1) (1st sentence).	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.
10301(d)	49:11.
	49:305(i) (related to members of Commission).	Feb. 4, 1887, ch. 104, 24 Stat. 379 , §205(i) (related to members of Commission); added Aug. 9, 1935, ch. 498, §1, 49 Stat. 550 ; Sept. 18, 1940, ch. 722, §20(c)(2), 54 Stat. 922 .
10301(e)	49:11.
	49:11 (note).	Reorg. Plan No. 1 of 1969, eff. Oct. 11, 1969, §§1, 2, 83 Stat. 859.
10301(f)	49:11 (note).
	49:16(11).	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 .
	49:18(1) (3d sentence).
	49:19a(a) (2d and 3d sentences).	Feb. 4, 1887, ch. 104, 24 Stat. 379 , §19a(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 .
	49:20(10).	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 .
	49:305(j).	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 .
	49:919.	Feb. 4, 1887, ch. 104, 24 Stat. 379 , §319; added Sept. 18, 1940, ch. 722, §201, 54 Stat. 950 .
10301(g)	49:17(3) (2d sentence).	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 .
	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 .
	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 .
10301(h)	49:18(2).	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(e), substituted "5" and "3" for "7" and "4", respectively.

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

Subsec. (c). Pub. L. 97–253, §502(h)(1), substituted "5" for "7".

Effective Date of 1982 Amendment

Section 502(b) of Pub. L. 97–253 provided that the amendment made by such section 502(b) is effective Jan. 1, 1983.

Section 502(e) of Pub. L. 97–253 provided that the amendment made by such section 502(e) is effective Jan. 1, 1986.

Section 502(h)(2) of Pub. L. 98–253 provided that: "The amendment made by paragraph (1) of this subsection [amending this section] shall take effect on January 1, 1984, and shall apply 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 that such amendment shall not apply to the person designated by the President to fill the term of office which is to end under subsection (g) of this section [set out as a note below] on December 31, 1991."

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), (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 [set out above] 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."