ACTS SUPPLEMENTARY TO THE INTERSTATE COMMERCE ACT IN TITLES 1 TO 48, BOTH INCLUSIVE, U. S. CODE Page Rules of Construction (1 U. S. C., §§ 1, 3, 4, 5). Administrative Procedure Act, §§ 1-12 (5 U. S. C., §§ 1001-1011) - 281 282 295 296 296 297, 323 Corporate Reorganizations, §§ 106, 177, 179, 224 (11 U. S. C., §§ 506, * 577, 579, 624).... 327 Clayton Antitrust Act, §§ 1, 7, 10, 11, 14-16, 26 (15 U. S. C., §§ 12, 18, 20, 21, 24-27)___ 329 Panama Canal Act, § 11 (15 U. S. C., § 31). 339 Reconstruction Finance Corp. Act, § 4 (15 U. S. C., § 604). Federal Trade Commission Act, § 11 (15 U. S. C., § 51). Explosives and Combustibles (18 U. S. C., §§ 831-835). 339 340 342 345 346 350 Judiciary and Judicial Procedure (28 U. S. C., §§ 1253, 1254, 1291, 1292, 1331, 1332, 1334, 1336, 1337, 1339, 1398, 1404, 1445, 2101, 2109, 2201, 2202, 2284, 2321-2325) - 350-361 Fair Labor Standards Act, §§ 13, 15 (29 U. S. C., §§ 213, 215) 362 363 Railway Mail Service Pay (39 U. S. C., §§ 523, 536, 540, 541, 541a, 542-555, 557-559, 563–566, 570) _ 364 Safety Appliance Acts, §§ 1-8, 1-3, 1–6 (45 U. S. C., §§ 1-16). 370 376 Locomotive Inspection Act, §§ 1-6, 2, 7-9, 1, 3 (45 U. S. C., §§ 22-34).. 377 384 Sundry Civil Appropriations Act, 1908, § 1, Investigation, safety appliances (45 U. S. C., §§ 36, 37). 385 Accident Reports Act, §§ 1-7 (45 U. S. C., §§ 38-43) 386 Medals of Honor Act, §§ 1-3 (45 U. S. C., §§ 44-46). 388 Hours of Service Act, §§ 1-4 (45 U. S. C., §§ 61–64) _. Railway Labor Act, § 1 (45 U. S. C., § 151). 388 Adamson Eight-Hour Act, §§ 1, 4 (45 U. S. C., §§ 65, 66) - 391 392 392 Railroad Retirement Act of 1937, §§ 1, 18 (45 U. S. C., §§ 228a, 228г)_. 395 Carriers Taxing Act of 1937, § 1 (45 U. S. C., § 261).. 397 Railroad Unemployment Insurance Act, §§ 1, 7, 12 (d) (45 U. S. C., §§ 351, Merchant Marine Act, §§ 8, 19, 27, 28 (46 U. S. C., §§ 867, 876, 883, 884)__ 402 406 280 Secs. 1-5 RULES OF CONSTRUCTION Title 1.-Chapter 1, U. S. Code 65 Stat. 710. SEC. 1. [Codified, July 30, 1947, amended June 25, 62 Stat. 859. 1948, October 31, 1951.] [1 U.S. C., §1.] Words denoting number, gender, and so forth.-In determining the meaning of any Act of Congress, unless the context indicates otherwise words importing the singular include and apply to Singular. several persons, parties, or things; words importing the plural include the singular; Plural. words importing the masculine gender include the Gender. feminine as well; words used in the present tense include the future as Tense. well as the present; the words "insane" and "insane person" and "lunatic" Insane, etc. shall include every idiot, lunatic, insane person, and person non compos mentis; Whoever. the words "person" and "whoever" include corpora- Person, tions, companies, associations, firms, partnerships, societies, and joint stock companies, as well as individuals; "officer" includes any person authorized by law to per- officer. form the duties of the office; Subscription. "signature" or "subscription" includes a mark when Signature. the person making the same intended it as such; "oath" includes affirmation, and "sworn" includes oath, affirmed; "writing" includes printing and typewriting and reproductions of visual symbols by photographing, multigraphing, mimeographing, manifolding, or otherwise. Sworn. Writing. Vessel. SEC. 3. [Codified, July 30, 1947.] [1 U. S. C., § 3.] 61 Stat. 633. "Vessel" as including all means of water transportation. The word "vessel" includes every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on water. SEC. 4. [Codified, July 30, 1947.] [1 U. S. C., § 4.] "Vehicle" as including all means of land transportation. The word "vehicle" includes every description of Vehicle. carriage or other artificial contrivance used, or capable of being used, as a means of transportation on land. SEC. 5. [Codified, July 30, 1947.] [1 U. S. C., § 5.] "Company" or "association" as including successors and Company. assigns. The word "company" or "association," when used in reference to a corporation, shall be deemed to Association. Secs. 1-2 Successors and assigns. 60 Stat. 237. Agency, defined. Person defined. Party. embrace the words "successors and assigns of such company or association," in like manner as if these lastnamed words, or words of similar import, were expressed. ADMINISTRATIVE PROCEDURE ACT SEC. 1. [June 11, 1946.] [U. S. C. classifies this section as a Note, not numbering it as a section.] This Act may be cited as the "Administrative Procedure Act." DEFINITIONS SEC. 2. [5 U. S. C., § 1001.] As used in this Act(a) AGENCY.-"Agency" means each authority (whether or not within or subject to review by another agency) of the Government of the United States other than Congress, the courts, or the governments of the possessions, Territories, or the District of Columbia. Nothing in this Act shall be construed to repeal delegations of authority as provided by law. Except as to the requirements of section 3, there shall be excluded from the operation of this Act (1) agencies composed of representatives of the parties or of representatives of organizations of the parties to the disputes determined by them, (2) courts martial and military commissions, (3) military or naval authority exercised in the field in time of war or in occupied territory, or (4) functions which by law expire on the termination of present hostilities, within any fixed period thereafter, or before July 1, 1947, and the functions conferred by the following statutes: Selective Training and Service Act of 1940; Contract Settlement Act of 1944; Surplus Property Act of 1944. NOTE.-Other Acts have been added to par. (a), after "Surplus Property Act of 1944" but are not incorporated herein, since they are inapplicable to regulation of transportation. (b) PERSON AND PARTY.-"Person" includes individuals, partnerships, corporations, associations, or public or private organizations of any character other than agencies. "Party" includes any person or agency named or admitted as a party, or properly seeking and entitled as of right to be admitted as a party, in any agency proceeding; but nothing herein shall be construed to pre Sec. 2 vent an agency from admitting any person or agency as a party for limited purposes. (c) RULE AND RULE MAKING.—"Rule" means the whole Rule. or any part of any agency statement of general or particular applicability and future effect designed to implement, interpret, or prescribe law or policy or to describe the organization, procedure, or practice requirements of any agency and includes the approval or prescription for the future of rates, wages, corporate or financial structures or reorganizations thereof, prices, facilities, appliances, services or allowances therefor or of valuations, costs, or accounting, or practices bearing upon any of the foregoing. "Rule making" means agency process for the Rule making. formulation, amendment, or repeal of a rule. (d) ORDER AND ADJUDICATION.-"Order" means the Order. whole or any part of the final disposition (whether affirmative, negative, injunctive, or declaratory in form) of any agency in any matter other than rule making but including licensing. "Adjudication" means agency process for the formulation of an order. Adjudication. License, (e) LICENSE AND LICENSING.-"License" includes the whole or part of any agency permit, certificate, approval, registration, charter, membership, statutory exemption or other form of permission. "Licensing" includes agen- Licensing. cy process respecting the grant, renewal, denial, revocation, suspension, annulment, withdrawal, limitation amendment, modification, or conditioning of a license. Sanction. (f) SANCTION AND RELIEF.-"Sanction" includes the whole or part of any agency (1) prohibition, requirement, limitation, or other condition affecting the freedom of any person; (2) withholding of relief; (3) imposition of any form of penalty or fine; (4) destruction, taking, seizure, or withholding of property; (5) assessment of damages, reimbursement, restitution, compensation, costs, charges, or fees; (6) requirement, revocation, or suspension of a license; or (7) taking of other compulsory or restrictive action. "Relief" includes the whole Relief. or part of any agency (1) grant of money, assistance, license, authority, exemption, exception, privilege, or remedy; (2) recognition of any claim, right, immunity, privilege, exemption, or exception; or (3) taking of any other action upon the application or petition of, and beneficial to, any person. Secs. 2-3 Agency proceeding. Agency action. Rules; Federal Organization. Procedures available. Inspection, final opinions, orders. Official records; confidential information. (g) AGENCY PROCEEDING AND ACTION.-"Agency proceeding" means any agency process as defined in subsections (c), (d), and (e) of this section. "Agency action" includes the whole or part of every agency rule, order, license, sanction, relief, or the equivalent or denial thereof, or failure to act. PUBLIC INFORMATION SEC. 3. [5 U. S. C., § 1002.] Except to the extent that there is involved (1) any function of the United States requiring secrecy in the public interest or (2) any matter relating solely to the internal management of an agency (a) RULES.-Every agency shall separately state and currently publish in the Federal Register (1) descriptions of its central and field organization including delegations by the agency of final authority and the established places at which, and methods whereby, the public may secure information or make submittals or requests; (2) statements of the general course and method by which its functions are channeled and determined, including the nature and requirements of all formal or informal procedures available as well as forms and instructions as to the scope and contents of all papers, reports, or examinations; and (3) substantive rules adopted as authorized by law and statements of general policy or interpretations formulated and adopted by the agency for the guidance of the public, but not rules addressed to and served upon named persons in accordance with law. No person shall in any manner be required to resort to organization or procedure not so published. (b) OPINIONS AND ORDERS.-Every agency shall publish or, in accordance with published rule, make available to public inspection all final opinions or orders in the adjudication of cases (except those required for good cause to be held confidential and not cited as precedents) and all rules. (c) PUBLIC RECORDS.-Save as otherwise required by statute, matters of official record shall in accordance with published rule be made available to persons properly and directly concerned except information held confidential for good cause found. |