Page:United States Statutes at Large Volume 92 Part 2.djvu/77

 PUBLIC LAW 95-473~OCT. 17, 1978

92 STAT. 1357

shall consider the request, and may furnish assistance the Director considers necessary to carry out the duties of the Office. Assistance may be furnished on a reimbursable or nonreimbursable basis. Assistance includes the transfer of an officer or employee, with the consent, and without prejudice to the position and rating, of the officer or employee.

SUBCHAPTER V—OFFICE OF RAIL PUBLIC COUNSEL §10381. Organization The Office of Rail Public Counsel is an independent office affiliated with the Interstate Commerce Commission. §10382. Duties; standing (a) The Office of Rail Public Counsel— (1) may petition the Interstate Commerce Commission to begin a proceeding on a matter within the jurisdiction of the Commission involving a rail carrier subject to this subtitle; (2) may seek judicial review of Commission action on a matter involving a rail carrier providing transportation subject to this subtitle, to the extent, and on the same basis, that a person may seek judicial review; (3) shall solicit, study, evaluate, and present before an infor' niai or formal proceeding of the Commission, the views of those J communities and users of rail transportation affected by a proceeding begun by, or pending before, the Commission, when the Director of the Office determines, for whatever reason (such as size or location), that any such community or user might not otherwise be represented adequately at the proceeding; (4) shall— (A) before the Commission and other departments, agencies, and instrumentalities of the United States Govern] nent when the policies and activities of any such department, • i n ' agency, or instrumentality affect rail transportation subject to the jurisdiction of the Commission, evaluate and represent the public interest in safe, efficient, reliable, and economical rail transportation; and (B) assist in constructively representing that public interest by other means; (5) in carrying out its duties under clauses (l) - (4) of this subsection, shall assist the Commission in developing a public interest record in proceedings before the Commission; and (6) shall carry out other duties conferred on the Office by law. (b) The Office has standing as a party to any informal or formal proceeding that is pending or begun before the Commission involving a rail carrier providing transportation subject to this subtitle. § 10383. Director (a) The Director is the head of the Office of Rail Public Counsel and is responsible for administering and carrying out the duties of the Office. (b) The Director is appointed by the President, by and with the advice and consent of the Senate, for a term of 4 years. (c) The Director is paid without regard to chapter 51 and subchapter III of chapter 53 of title 5. However, the annual rate of basic pay of the Director may not exceed the rate for GS-18.

49 USC 10381. 49 USC 10382.

49 USC 10383.

5 USC 5101 et seq., 5331. 3 CFR 1978 eomp..p. 236 5 USC 5332 note.

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