Legal corpus: the complete U.S. Code (59,740 sections, all 53 titles)

Ingested titles 12–51 and 54 from OLRC USLM XML @119-100 (the whole Code
now, uniform edition; Title 53 is reserved/empty). LegalText 11,221 ->
59,740; repo total 105,704 records. Deterministic (byte-identical rerun,
verified on Title 42's 8,356 sections); make check green. make
legal-us-code default now covers every title.

Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
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---
type: "LegalText"
title: "49 U.S.C. § 1302"
description: "Functions"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 49
title_name: "TRANSPORTATION"
chapter_number: "13"
chapter_name: "SURFACE TRANSPORTATION BOARD"
section: "1302"
citation: "49 U.S.C. § 1302"
status: "current"
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---
# 49 U.S.C. § 1302 - Functions
## Text
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. 10488, title II, § 201(a), Dec. 29, 1995, 109 Stat. 933, § 702; amended Pub. L. 104287, § 5(6), Oct. 11, 1996, 110 Stat. 3389; renumbered § 1302, Pub. L. 114110, § 3(a)(3), Dec. 18, 2015, 129 Stat. 2228.)
## Notes
Editorial Notes
References in TextThe ICC Termination Act of 1995, referred to in text, is Pub. L. 10488, Dec. 29, 1995, 109 Stat. 803. For complete classification of this Act to the Code, see Short Title of 1995 Amendment note set out under section 101 of this title and Tables.
Amendments2015—Pub. L. 114110 renumbered section 702 of this title as this section. 1996—Pub. L. 104287 substituted “January 1, 1996” for “the effective date of such Act”.
Statutory Notes and Related Subsidiaries
Abolition of Interstate Commerce Commission Interstate Commerce Commission abolished by section 101 of Pub. L. 10488, set out as a note under section 1301 of this title.
@@ -0,0 +1,79 @@
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title_name: "TRANSPORTATION"
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---
# 49 U.S.C. § 1303 - Administrative provisions
## Text
(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. 10488, title II, § 201(a), Dec. 29, 1995, 109 Stat. 934, § 703; renumbered § 1303 and amended Pub. L. 114110, §§ 3(a)(3), (c)(1), 5, Dec. 18, 2015, 129 Stat. 22282230.)
## Notes
Editorial Notes
Amendments2015—Pub. L. 114110, § 3(a)(3), renumbered section 703 of this title as this section. Subsec. (a). Pub. L. 114110, § 5, amended subsec. (a) generally. Prior to amendment, text read as follows: “For purposes of section 552b of title 5, United States Code, the Board shall be deemed to be an agency.” Pub. L. 114110, § 3(c)(1)(A), (B), redesignated subsec. (b) as (a) and struck out former subsec. (a). Prior to amendment, text read as follows: “Chapter 9 of title 5, United States Code, shall apply to the Board in the same manner as it does to an independent regulatory agency, and the Board shall be an establishment of the United States Government.” Subsec. (b). Pub. L. 114110, § 3(c)(1)(B), redesignated subsec. (d) as (b). Former subsec. (b) redesignated (a). Subsec. (c). Pub. L. 114110, § 3(c)(1)(A), (B), redesignated subsec. (e) as (c) and struck out former subsec. (c). Prior to amendment, text read as follows: “In the performance of their functions, the members, employees, and other personnel of the Board shall not be responsible to or subject to the supervision or direction of any officer, employee, or agent of any other part of the Department of Transportation.” Subsec. (d). Pub. L. 114110, § 3(c)(1)(C), added subsec. (d). Former subsec. (d) redesignated (b). Subsec. (e). Pub. L. 114110, § 3(c)(1)(B), redesignated subsec. (e) as (c). Subsecs. (f), (g). Pub. L. 114110, § 3(c)(1)(A), struck out subsecs. (f) and (g) which read as follows: “(f) Budget Requests.—In each annual request for appropriations by the President, the Secretary of Transportation shall identify the portion thereof intended for the support of the Board and include a statement by the Board— “(1) showing the amount requested by the Board in its budgetary presentation to the Secretary and the Office of Management and Budget; and “(2) an assessment of the budgetary needs of the Board. “(g) Direct Transmittal to Congress.—The Board shall transmit to Congress copies of budget estimates, requests, and information (including personnel needs), legislative recommendations, prepared testimony for congressional hearings, and comments on legislation at the same time they are sent to the Secretary of Transportation. An officer of an agency may not impose conditions on or impair communications by the Board with Congress, or a committee or Member of Congress, about the information.”
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# 49 U.S.C. § 1304 - Reports
## Text
(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 Boards 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 Boards public website.
(Added Pub. L. 10488, title II, § 201(a), Dec. 29, 1995, 109 Stat. 934, § 704; renumbered § 1304 and amended Pub. L. 114110, §§ 3(a)(3), 6, Dec. 18, 2015, 129 Stat. 2228, 2231.)
## Notes
Editorial Notes
Amendments2015—Pub. L. 114110, § 6, substituted “Reports” for “Annual report” in section catchline, designated existing provisions as subsec. (a) and inserted heading, substituted “on its activities, including each instance in which the Board has initiated an investigation on its own initiative under this chapter or subtitle IV.” for “on its activities.”, and added subsecs. (b) and (c). Pub. L. 114110, § 3(a)(3), renumbered section 704 of this title as this section.
Statutory Notes and Related Subsidiaries
Quarterly ReportsPub. L. 114110, § 15(b), Dec. 18, 2015, 129 Stat. 2238, provided that: “Beginning not later than 60 days after the date of the enactment of this Act [Dec. 18, 2015], the Surface Transportation Board shall submit quarterly reports to the congressional committees referred to in section 14(b) [Committee on Commerce, Science, and Transportation of the Senate and Committee on Transportation and Infrastructure of the House of Representatives] that describes the Surface Transportation Boards progress toward addressing the issues raised in each unfinished regulatory proceeding, regardless of whether the proceeding is subject to a statutory or regulatory deadline.”
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---
# 49 U.S.C. § 1305 - Authorization of appropriations
## Text
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. 10488, title II, § 201(a), Dec. 29, 1995, 109 Stat. 934, § 705; renumbered § 1305 and amended Pub. L. 114110, §§ 3(a)(3), 7, Dec. 18, 2015, 129 Stat. 2228, 2232.)
## Notes
Editorial Notes
Amendments2015—Pub. L. 114110, § 3(a)(3), renumbered section 705 of this title as this section. Pars. (1) to (5). Pub. L. 114110, § 7, added pars. (1) to (5) and struck out former pars. (1) to (3) which related to appropriations for fiscal years 1996, 1997, and 1998, respectively.
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# 49 U.S.C. § 1306 - Reporting official action
## Text
(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. 10488, title II, § 201(a), Dec. 29, 1995, 109 Stat. 934, § 706; renumbered § 1306, Pub. L. 114110, § 3(a)(3), Dec. 18, 2015, 129 Stat. 2228.)
## Notes
Editorial Notes
Amendments2015—Pub. L. 114110 renumbered section 706 of this title as this section.
@@ -0,0 +1,69 @@
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---
# 49 U.S.C. § 1321 - Powers
## Text
(a) In General.— The Board shall carry out this chapter and subtitle IV. Enumeration of a power of the Board in this chapter or subtitle IV does not exclude another power the Board may have in carrying out this chapter or subtitle IV. The Board may prescribe regulations in carrying out this chapter and subtitle IV.
(b) Inquiries, Reports, and Orders.— The Board may—
(1) inquire into and report on the management of the business of carriers providing transportation and services subject to subtitle IV;
(2) inquire into and report on the management of the business of a person controlling, controlled by, or under common control with those carriers to the extent that the business of that person is related to the management of the business of that carrier;
(3) obtain from those carriers and persons information the Board decides is necessary to carry out subtitle IV; and
(4) when necessary to prevent irreparable harm, issue an appropriate order without regard to subchapter II of chapter 5 of title 5.
(c) Subpoena Witnesses.— (1) The Board may subpoena witnesses and records related to a proceeding of the Board from any place in the United States, to the designated place of the proceeding. If a witness disobeys a subpoena, the Board, or a party to a proceeding before the Board, may petition a court of the United States to enforce that subpoena.
(2) The district courts of the United States have jurisdiction to enforce a subpoena issued under this section. Trial is in the district in which the proceeding is conducted. The court may punish a refusal to obey a subpoena as a contempt of court.
(d) Depositions.— (1) In a proceeding, the Board 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 Board 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), the Board may subpoena 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 judge, a clerk of a district court, or a chancellor, justice, or judge of a supreme or superior court, mayor or chief magistrate of a city, judge of a county court, or court of common pleas of any State, or a notary public who is not counsel or attorney of a party or interested in the proceeding.
(4) Before taking a deposition, reasonable notice must be given in writing by the party or the attorney of that party proposing to take a deposition to the opposing party or the attorney of record of that party, whoever is nearest. The notice shall state the name of the witness and the time and place of taking the deposition.
(5) The testimony of a person deposed under this subsection shall be taken under oath. The person taking the deposition shall prepare, or cause to be prepared, a transcript of the testimony taken. The transcript shall be subscribed by the deponent.
(6) The testimony of a witness who is in a foreign country may be taken by deposition before an officer or person designated by the Board or agreed on by the parties by written stipulation filed with the Board. A deposition shall be filed with the Board promptly.
(e) Witness Fees.— Each witness summoned before the Board or whose deposition is taken under this section and the individual taking the deposition are entitled to the same fees and mileage paid for those services in the courts of the United States.
(Added Pub. L. 10488, title II, § 201(a), Dec. 29, 1995, 109 Stat. 935, § 721; renumbered § 1321, Pub. L. 114110, § 3(a)(5), Dec. 18, 2015, 129 Stat. 2228.)
## Notes
Editorial Notes
Amendments2015—Pub. L. 114110 renumbered section 721 of this title as this section.
@@ -0,0 +1,55 @@
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# 49 U.S.C. § 1322 - Board action
## Text
(a) Effective Date of Actions.— Unless otherwise provided in subtitle IV, the Board may determine, within a reasonable time, when its actions, other than an action ordering the payment of money, take effect.
(b) Terminating and Changing Actions.— An action of the Board remains in effect under its own terms or until superseded. The Board may change, suspend, or set aside any such action on notice. Notice may be given in a manner determined by the Board. A court of competent jurisdiction may suspend or set aside any such action.
(c) Reconsidering Actions.— The Board may, at any time on its own initiative because of material error, new evidence, or substantially changed circumstances—
(1) reopen a proceeding;
(2) grant rehearing, reargument, or reconsideration of an action of the Board; or
(3) change an action of the Board.
An interested party may petition to reopen and reconsider an action of the Board under this subsection under regulations of the Board.
(d) Finality of Actions.— Notwithstanding subtitle IV, an action of the Board under this section is final on the date on which it is served, and a civil action to enforce, enjoin, suspend, or set aside the action may be filed after that date.
(Added Pub. L. 10488, title II, § 201(a), Dec. 29, 1995, 109 Stat. 936, § 722; renumbered § 1322, Pub. L. 114110, § 3(a)(5), Dec. 18, 2015, 129 Stat. 2228.)
## Notes
Editorial Notes
Amendments2015—Pub. L. 114110 renumbered section 722 of this title as this section.
@@ -0,0 +1,47 @@
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# 49 U.S.C. § 1323 - Service of notice in Board proceedings
## Text
(a) Designation of Agent.— A carrier providing transportation subject to the jurisdiction of the Board under subtitle IV shall designate an agent on whom service of notices in a proceeding before, and of actions of, the Board may be made.
(b) Filing and Changing Designations.— A designation under subsection (a) shall be in writing and filed with the Board. The designation may be changed at any time in the same manner as originally made.
(c) Service of Notice.— Except as otherwise provided, notices of the Board shall be served on its designated agent at the office or usual place of residence of that agent. A notice of action of the Board shall be served immediately on the agent or in another manner provided by law. If that carrier does not have a designated agent, service may be made by posting the notice in the office of the Board.
(d) Special Rule for Rail Carriers.— In a proceeding involving the lawfulness of classifications, rates, or practices of a rail carrier that has not designated an agent under this section, service of notice of the Board on an attorney in fact for the carrier constitutes service of notice on the carrier.
(Added Pub. L. 10488, title II, § 201(a), Dec. 29, 1995, 109 Stat. 937, § 723; renumbered § 1323 and amended Pub. L. 114110, §§ 3(a)(5), 8(a), Dec. 18, 2015, 129 Stat. 2228, 2232.)
## Notes
Editorial Notes
Amendments2015—Pub. L. 114110, § 3(a)(3), renumbered section 723 of this title as this section. Subsec. (a). Pub. L. 114110, § 8(a)(1), struck out “in the District of Columbia,” after “designate an agent”. Subsec. (c). Pub. L. 114110, § 8(a)(2), struck out “in the District of Columbia” after “ usual place of residence”.
@@ -0,0 +1,43 @@
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---
# 49 U.S.C. § 1324 - Service of process in court proceedings
## Text
(a) Designation of Agent.— A carrier providing transportation subject to the jurisdiction of the Board under subtitle IV shall designate an agent on whom service of process in an action before a district court may be made. Except as otherwise provided, process in an action before a district court shall be served on the designated agent of that carrier at the office or usual place of residence of that agent. If the carrier does not have a designated agent, service may be made by posting the notice in the office of the Board.
(b) Changing Designation.— A designation under this section may be changed at any time in the same manner as originally made.
(Added Pub. L. 10488, title II, § 201(a), Dec. 29, 1995, 109 Stat. 937, § 724; renumbered § 1324 and amended Pub. L. 114110, §§ 3(a)(5), 8(b), Dec. 18, 2015, 129 Stat. 2228, 2232.)
## Notes
Editorial Notes
Amendments2015—Pub. L. 114110, § 3(a)(3), renumbered section 724 of this title as this section. Subsec. (a). Pub. L. 114110, § 8(b), struck out “in the District of Columbia” after “designate an agent” and “usual place of residence”.
@@ -0,0 +1,103 @@
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# 49 U.S.C. § 1325 - Railroad-Shipper Transportation Advisory Council
## Text
(a) Establishment; Membership.— There is established the Railroad-Shipper Transportation Advisory Council (in this section referred to as the “Council”) to be composed of 19 members, of which 15 members shall be appointed by the Chairman of the Board, after recommendation from rail carriers and shippers, within 60 days after December 29, 1995. The members of the Council shall be appointed as follows:
(1) The members of the Council shall be appointed from among citizens of the United States who are not regular full-time employees of the United States and shall be selected for appointment so as to provide as nearly as practicable a broad representation of the various segments of the railroad and rail shipper industries.
(2) Nine of the members shall be appointed from senior executive officers of organizations engaged in the railroad and rail shipping industries, which 9 members shall be the voting members of the Council. Council action and Council positions shall be determined by a majority vote of the members present. A majority of such voting members shall constitute a quorum. Of such 9 voting members—
(A) at least 4 shall be representative of small shippers (as determined by the Chairman); and
(B) at least 4 shall be representative of Class II or III railroads.
(3) The remaining 6 members of the Council shall serve in a nonvoting advisory capacity only, but shall be entitled to participate in Council deliberations. Of the remaining members—
(A) 3 shall be representative of Class I railroads; and
(B) 3 shall be representative of large shipper organizations (as determined by the Chairman).
(4) The Secretary of Transportation and the members of the Board shall serve as ex officio, nonvoting members of the Council. The Council shall not be subject to chapter 10 of title 5. A list of the members appointed to the Council shall be forwarded to the Chairmen and ranking members of the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives.
(5) Each ex officio member of the Council may designate an alternate, who shall serve as a member of the Council whenever the ex officio member is unable to attend a meeting of the Council. Any such designated alternate shall be selected from individuals who exercise significant decision-making authority in the Federal agency involved.
(b) Term of Office.— The members of the Council shall be appointed for a term of office of 3 years, except that of the members first appointed—
(1) 5 members shall be appointed for terms of 1 year; and
(2) 5 members shall be appointed for terms of 2 years,
as designated by the Chairman at the time of appointment. Any member appointed to fill a vacancy occurring before the expiration of the term for which the members predecessor was appointed shall be appointed only for the remainder of such term. A member may serve after the expiration of his term until his successor has taken office. Vacancies on the Council shall be filled in the same manner in which the original appointments were made. No member of the Council shall be eligible to serve in excess of two consecutive terms.
(c) Election and Duties of Officers.— The Council Chairman and Vice Chairman and other appropriate officers of the Council shall be elected by and from the voting members of the Council. The Council Chairman shall serve as the Councils executive officer and shall direct the administration of the Council, assign officer and committee duties, and shall be responsible for issuing and communicating the reports, policy positions and statements of the Council. In the event that the Council Chairman is unable to serve, the Vice Chairman shall act as Council Chairman.
(d) Expenses.— (1) The members of the Council shall receive no compensation for their services as such, but upon request by the Council Chairman, based on a showing of significant economic burden, the Secretary of Transportation or the Chairman of the Board, to the extent provided in advance in appropriation Acts, may provide reasonable and necessary travel expenses for such individual Council members from Department or Board funding sources in order to foster balanced representation on the Council.
(2) Upon request by the Council Chairman, the Secretary or Chairman of the Board, to the extent provided in advance in appropriations Acts, may pay the reasonable and necessary expenses incurred by the Council in connection with the coordination of Council activities, announcement and reporting of meetings, and preparation of such Council documents as are required or permitted by this section.
(3) The Council may solicit and use private funding for its activities, subject to this subsection.
(4) Prior to making any Federal funding requests, the Council Chairman shall undertake best efforts to fund such activities privately unless the Council Chairman determines that such private funding would create a conflict of interest, or the appearance thereof, or is otherwise impractical. The Council Chairman shall not request funding from any Federal agency without providing written justification as to why private funding would create any such conflict or appearance, or is otherwise impractical.
(5) To enable the Council to carry out its functions—
(A) the Council Chairman may request directly from any Federal agency such personnel, information, services, or facilities, on a compensated or uncompensated basis, as the Council Chairman determines necessary to carry out the functions of the Council;
(B) each Federal agency may, in its discretion, furnish the Council with such information, services, and facilities as the Council Chairman may request to the extent permitted by law and within the limits of available funds; and
(C) each Federal agency may, in its discretion, detail to temporary duty with the Council, such personnel as the Council Chairman may request for carrying out the functions of the Council, each such detail to be without loss of seniority, pay, or other employee status.
(e) Meetings.— The Council shall meet at least semi-annually and shall hold other meetings at the call of the Council Chairman. Appropriate Federal facilities, where available, may be used for such meetings. Whenever the Council, or a committee of the Council, considers matters that affect the jurisdictional interests of Federal agencies that are not represented on the Council, the Council Chairman may invite the heads of such agencies, or their designees, to participate in the deliberations of the Council.
(f) Functions and Duties; Annual Report.— (1) The Council shall advise the Secretary, the Chairman, the Committee on Commerce, Science, and Transportation of the Senate, and the Committee on Transportation and Infrastructure of the House of Representatives with respect to rail transportation policy issues it considers significant, with particular attention to issues of importance to small shippers and small railroads, including car supply, rates, competition, and effective procedures for addressing legitimate shipper and other claims.
(2) To the extent the Council addresses specific grain car issues, it shall coordinate such activities with the National Grain Car Council. The Secretary and Chairman shall cooperate with the Council to provide research, technical and other reasonable support in developing any reports and policy statements required or authorized by this subsection.
(3) The Council shall endeavor to develop within the private sector mechanisms to prevent, or identify and effectively address, obstacles to the most effective and efficient transportation system practicable.
(4) The Council shall prepare an annual report concerning its activities and the results of Council efforts to resolve industry issues, and propose whatever regulatory or legislative relief it considers appropriate. The Council shall include in the annual report such recommendations as it considers appropriate with respect to the performance of the Secretary and Chairman under this chapter, and with respect to the operation and effectiveness of meetings and industry developments relating to the Councils efforts, and such other information as it considers appropriate. Such annual reports shall be reviewed by the Secretary and Chairman, and shall include the Secretarys and Chairmans views or comments relating to—
(A) the accuracy of information therein;
(B) Council efforts and reasonableness of Council positions and actions; and
(C) any other aspects of the Councils work as they may consider appropriate.
The Council may prepare other reports or develop policy statements as the Council considers appropriate. An annual report shall be submitted for each fiscal year and shall be submitted to the Secretary and Chairman within 90 days after the end of the fiscal year. Other such reports and statements may be submitted as the Council considers appropriate.
(Added Pub. L. 10488, title II, § 201(a), Dec. 29, 1995, 109 Stat. 937, § 726; amended Pub. L. 104287, § 5(7), Oct. 11, 1996, 110 Stat. 3389; renumbered § 1325, Pub. L. 114110, § 3(a)(6), Dec. 18, 2015, 129 Stat. 2229; amended Pub. L. 117286, § 4(a)(303), Dec. 27, 2022, 136 Stat. 4339.)
## Notes
Editorial Notes
Amendments2022—Subsec. (a)(4). Pub. L. 117286 substituted “chapter 10 of title 5.” for “the Federal Advisory Committee Act.” 2015—Pub. L. 114110 renumbered section 726 of this title as this section. 1996—Subsec. (a). Pub. L. 104287 substituted “December 29, 1995” for “the date of enactment of the ICC Termination Act of 1995” in introductory provisions.
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# 49 U.S.C. § 1326 - Authority of the Inspector General
## Text
(a) In General.— The Inspector General of the Department of Transportation, in accordance with the mission of the Inspector General to prevent and detect fraud and abuse, shall have authority to review only the financial management, property management, and business operations of the Surface Transportation Board, including internal accounting and administrative control systems, to determine the Boards compliance with applicable Federal laws, rules, and regulations.
(b) Duties.— In carrying out this section, the Inspector General shall—
(1) keep the Chairman of the Board, the Committee on Commerce, Science, and Transportation of the Senate, and the Committee on Transportation and Infrastructure of the House of Representatives fully and currently informed about problems relating to administration of the internal accounting and administrative control systems of the Board;
(2) issue findings and recommendations for actions to address the problems referred to in paragraph (1); and
(3) submit periodic reports to the Committee on Commerce, Science, and Transportation of the Senate, and the Committee on Transportation and Infrastructure of the House of Representatives that describe any progress made in implementing actions to address the problems referred to in paragraph (1).
(c) Access to Information.— In carrying out this section, the Inspector General may exercise authorities granted to the Inspector General under subsections (a) and (c) of section 406 of title 5.
(d) Authorization of Appropriations.— (1) Funding.— There are authorized to be appropriated to the Secretary of Transportation for use by the Inspector General of the Department of Transportation such sums as may be necessary to cover expenses associated with activities pursuant to the authority exercised under this section.
(2) Reimbursable agreement.— In the absence of an appropriation under this subsection for an expense referred to in paragraph (1), the Inspector General and the Board shall have a reimbursement agreement to cover such expense.
(Added Pub. L. 114110, § 9, Dec. 18, 2015, 129 Stat. 2232; amended Pub. L. 117286, § 4(b)(97), Dec. 27, 2022, 136 Stat. 4353.)
## Notes
Editorial Notes
Amendments2022—Subsec. (c). Pub. L. 117286 substituted “subsections (a) and (c) of section 406 of title 5.” for “subsections (a) and (b) of section 6 of the Inspector General Act of 1978 (5 U.S.C. App.).”