Page:United States Statutes at Large Volume 92 Part 2.djvu/65

 PUBLIC LAW 95-473—OCT. 17, 1978

92 STAT. 1345

§ 10311. Annual report 49 USC 10311. The Interstate Commerce Commission shall prepare and send to Submittal to Congress an annual report before April 3 of each year. The Commis- Congress, sion shall include in the annual report information that may be of value in answering questions related to regulation of transportation and the names and pay of individuals employed by the Commission. The Commission may include in its annual report, or send to Congress at any time, recommendations for additional legislation related to regulation of transportation. SUBCHAPTER II—ADMINISTRATIVE § 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; and (3) obtain from those carriers, brokers, and persons information the Commission decides is necessary to carry out this subtitle. (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, a clerk of a district court, or a chancellor, justice, or judge of a supreme or superior court, mayor

39-194 O—80—pt. 2

5: QL3

49 USC 10321.

Regulations,

Subpenas.

Depositions.

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