Collapse to view only § 1306. Reporting official action
- § 1301. Establishment of Board
- § 1302. Functions
- § 1303. Administrative provisions
- § 1304. Reports
- § 1305. Authorization of appropriations
- § 1306. Reporting official action
§ 1301. Establishment of Board
(a)Establishment.—The Surface Transportation Board is an independent establishment of the United States Government.
(b)Membership.—
(1) The Board shall consist of 5 members, to be appointed by the President, by and with the advice and consent of the Senate. Not more than 3 members may be appointed from the same political party.
(2) At all times—
(A) at least 3 members of the Board shall be individuals with professional standing and demonstrated knowledge in the fields of transportation, transportation regulation, or economic regulation; and
(B) at least 2 members shall be individuals with professional or business experience (including agriculture) in the private sector.
(3) The term of each member of the Board shall be 5 years and shall begin 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, shall be 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, but for a period not to exceed one year. The President may remove a member for inefficiency, neglect of duty, or malfeasance in office.
(4) No individual may serve as a member of the Board for more than 2 terms. In the case of an individual appointed to fill a vacancy occurring before the expiration of the term for which the predecessor of that individual was appointed, such individual may not be appointed for more than one additional term.
(5) A member of the Board 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.
(6) A vacancy in the membership of the Board does not impair the right of the remaining members to exercise all of the powers of the Board. The Board may designate a member to act as Chairman during any period in which there is no Chairman designated by the President.
(c)Chairman.—
(1) There shall be at the head of the Board a Chairman, who shall be designated by the President from among the members of the Board. The Chairman shall receive compensation at the rate prescribed for level III of the Executive Schedule under section 5314 of title 5.
(2) Subject to the general policies, decisions, findings, and determinations of the Board, the Chairman shall be responsible for administering the Board. The Chairman may delegate the powers granted under this paragraph to an officer, employee, or office of the Board. The Chairman shall—
(A) appoint and supervise, other than regular and full-time employees in the immediate offices of another member, the officers and employees of the Board, including attorneys to provide legal aid and service to the Board and its members, and to represent the Board in any case in court;
(B) appoint the heads of offices with the approval of the Board;
(C) distribute Board business among officers and employees and offices of the Board;
(D) prepare requests for appropriations for the Board and submit those requests to the President and Congress with the prior approval of the Board; and
(E) supervise the expenditure of funds allocated by the Board for major programs and purposes.
(Added Pub. L. 104–88, title II, § 201(a), Dec. 29, 1995, 109 Stat. 932, § 701; amended Pub. L. 104–287, § 5(5), Oct. 11, 1996, 110 Stat. 3389; renumbered § 1301 and amended Pub. L. 114–110, §§ 3(a)(3), (b), 4, Dec. 18, 2015, 129 Stat. 2228, 2229.)
§ 1302. Functions
Except as otherwise provided in the ICC Termination Act of 1995, or the amendments made thereby, the Board shall perform all functions that, immediately before January 1, 1996, were functions of the Interstate Commerce Commission or were performed by any officer or employee of the Interstate Commerce Commission in the capacity as such officer or employee.
(Added Pub. L. 104–88, title II, § 201(a), Dec. 29, 1995, 109 Stat. 933, § 702; amended Pub. L. 104–287, § 5(6), Oct. 11, 1996, 110 Stat. 3389; renumbered § 1302, Pub. L. 114–110, § 3(a)(3), Dec. 18, 2015, 129 Stat. 2228.)
§ 1303. Administrative provisions
(a)Open Meetings.—
(1)In general.—The Board shall be deemed to be an agency for purposes of section 552b of title 5.
(2)Nonpublic collaborative discussions.—
(A)In general.—Notwithstanding section 552b of title 5, a majority of the members may hold a meeting that is not open to public observation to discuss official agency business if—
(i) no formal or informal vote or other official agency action is taken at the meeting;
(ii) each individual present at the meeting is a member or an employee of the Board; and
(iii) the General Counsel of the Board is present at the meeting.
(B)Disclosure of nonpublic collaborative discussions.—Except as provided under subparagraph (C), not later than 2 business days after the conclusion of a meeting under subparagraph (A), the Board shall make available to the public, in a place easily accessible to the public—
(i) a list of the individuals present at the meeting; and
(ii) a summary of the matters discussed at the meeting, except for any matters the Board properly determines may be withheld from the public under section 552b(c) of title 5.
(C)Summary.—If the Board properly determines matters may be withheld from the public under section 555b(c) of title 5, the Board shall provide a summary with as much general information as possible on those matters withheld from the public.
(D)Ongoing proceedings.—If a discussion under subparagraph (A) directly relates to an ongoing proceeding before the Board, the Board shall make the disclosure under subparagraph (B) on the date of the final Board decision.
(E)Preservation of open meetings requirements for agency action.—Nothing in this paragraph may be construed to limit the applicability of section 552b of title 5 with respect to a meeting of the members other than that described in this paragraph.
(F)Statutory construction.—Nothing in this paragraph may be construed—
(i) to limit the applicability of section 552b of title 5 with respect to any information which is proposed to be withheld from the public under subparagraph (B)(ii); or
(ii) to authorize the Board to withhold from any individual any record that is accessible to that individual under section 552a of title 5, United States Code.
(b)Representation by Attorneys.—Attorneys designated by the Chairman of the Board may appear for, and represent the Board in, any civil action brought in connection with any function carried out by the Board pursuant to this chapter or subtitle IV or as otherwise authorized by law.
(c)Admission To Practice.—Subject to section 500 of title 5, the Board may regulate the admission of individuals to practice before it and may impose a reasonable admission fee.
(d)Submission of Certain Documents to Congress.—
(1)In general.—If the Board submits any budget estimate, budget request, supplemental budget estimate, or other budget information, legislative recommendation, prepared testimony for a congressional hearing, or comment on legislation to the President or to the Office of Management and Budget, the Board shall concurrently submit a copy of such document to—
(A) the Committee on Commerce, Science, and Transportation of the Senate; and
(B) the Committee on Transportation and Infrastructure of the House of Representatives.
(2)No approval required.—No officer or agency of the United States has any authority to require the Board to submit budget estimates or requests, legislative recommendations, prepared testimony for congressional hearings, or comments on legislation to any officer or agency of the United States for approval, comments, or review before submitting such recommendations, testimony, or comments to Congress.
(Added Pub. L. 104–88, title II, § 201(a), Dec. 29, 1995, 109 Stat. 934, § 703; renumbered § 1303 and amended Pub. L. 114–110, §§ 3(a)(3), (c)(1), 5, Dec. 18, 2015, 129 Stat. 2228–2230.)
§ 1304. Reports
(a)Annual Report.—The Board shall annually transmit to the Congress a report on its activities, including each instance in which the Board has initiated an investigation on its own initiative under this chapter or subtitle IV.
(b)Rate Case Review Metrics.—
(1)Quarterly reports.—The Board shall post a quarterly report of rail rate review cases pending or completed by the Board during the previous quarter that includes—
(A) summary information of the case, including the docket number, case name, commodity or commodities involved, and rate review guideline or guidelines used;
(B) the date on which the rate review proceeding began;
(C) the date for the completion of discovery;
(D) the date for the completion of the evidentiary record;
(E) the date for the submission of closing briefs;
(F) the date on which the Board issued the final decision; and
(G) a brief summary of the final decision;
(2)Website posting.—Each quarterly report shall be posted on the Board’s public website.
(c)Complaints.—
(1)In general.—The Board shall establish and maintain a database of complaints received by the Board.
(2)Quarterly reports.—The Board shall post a quarterly report of formal and informal service complaints received by the Board during the previous quarter that includes—
(A) the date on which the complaint was received by the Board;
(B) a list of the type of each complaint;
(C) the geographic region of each complaint; and
(D) the resolution of each complaint, if appropriate.
(3)Written consent.—The quarterly report may identify a complainant that submitted an informal complaint only upon the written consent of the complainant.
(4)Website posting.—Each quarterly report shall be posted on the Board’s public website.
(Added Pub. L. 104–88, title II, § 201(a), Dec. 29, 1995, 109 Stat. 934, § 704; renumbered § 1304 and amended Pub. L. 114–110, §§ 3(a)(3), 6, Dec. 18, 2015, 129 Stat. 2228, 2231.)
§ 1305. Authorization of appropriations
There are authorized to be appropriated for the activities of the Board—
(1) $33,000,000 for fiscal year 2016;
(2) $35,000,000 for fiscal year 2017;
(3) $35,500,000 for fiscal year 2018;
(4) $35,500,000 for fiscal year 2019; and
(5) $36,000,000 for fiscal year 2020.
(Added Pub. L. 104–88, title II, § 201(a), Dec. 29, 1995, 109 Stat. 934, § 705; renumbered § 1305 and amended Pub. L. 114–110, §§ 3(a)(3), 7, Dec. 18, 2015, 129 Stat. 2228, 2232.)
§ 1306. Reporting official action
(a)Reports on Proceedings.—The Board shall make a written report of each proceeding conducted on complaint or on its own initiative and furnish a copy to each party to that proceeding. The report shall include the findings, conclusions, and the order of the Board and, if damages are awarded, the findings of fact supporting the award. The Board may have its reports published for public use. A published report of the Board is competent evidence of its contents.
(b)Special Rules for Matters Related to Rail Carriers.—
(1) When action of the Board in a matter related to a rail carrier is taken by the Board, an individual member of the Board, or another individual or group of individuals designated to take official action for the Board, the written statement of that action (including a report, order, decision and order, vote, notice, letter, policy statement, or regulation) shall indicate—
(A) the official designation of the individual or group taking the action;
(B) the name of each individual taking, or participating in taking, the action; and
(C) the vote or position of each participating individual.
(2) If an individual member of a group taking an official action referred to in paragraph (1) does not participate in it, the written statement of the action shall indicate that the member did not participate. An individual participating in taking an official action is entitled to express the views of that individual as part of the written statement of the action. In addition to any publication of the written statement, it shall be made available to the public under section 552(a) of title 5.
(Added Pub. L. 104–88, title II, § 201(a), Dec. 29, 1995, 109 Stat. 934, § 706; renumbered § 1306, Pub. L. 114–110, § 3(a)(3), Dec. 18, 2015, 129 Stat. 2228.)