49 U.S.C. § 1301 — Establishment of Board
submitted 31 years ago by Pub. L. 104-88 to r/title-49-TRANSPORTATION · 567 words · no verdicts yet
This section establishes the Surface Transportation Board as an independent United States Government establishment. It sets the Board’s membership, qualifications, terms, restrictions, vacancy rules, and the Chairman’s duties.
(a) Establishment. The Surface Transportation Board is an independent establishment of the United States Government.
(b) Membership.
(1) The Board must have 5 members. The President appoints them with the Senate’s advice and consent. No more than 3 members may be from the same political party.
(2) At all times: (A) at least 3 members must have professional standing and demonstrated knowledge in transportation, transportation regulation, or economic regulation; and (B) at least 2 members must have professional or business experience in the private sector, including agriculture.
(3) Each member’s term is 5 years and begins when the predecessor’s term ends. A person appointed to fill a vacancy that arose before the predecessor’s term ended serves only the remainder of that term. When a member’s term ends, the member may continue serving until a successor is appointed and qualified, but not for more than 1 year. The President may remove a member for inefficiency, neglect of duty, or misconduct in office.
(4) No person may serve more than 2 terms. A person appointed to fill a vacancy that arose before the predecessor’s term ended may not be appointed for more than 1 additional term.
(5) A Board member may not have a financial interest in, hold an official relationship with, or own stock or bonds of a carrier that provides transportation by any method. The member also may not engage in another business, profession, or job.
(6) A vacancy does not prevent the remaining members from using all the Board’s powers. If the President has not designated a Chairman, the Board may designate one of its members to act as Chairman.
(c) Chairman.
(1) The Board must have a Chairman. The President designates the Chairman from among the Board members. The Chairman is paid at the rate set for level III of the Executive Schedule under 5 U.S.C. § 5314.
(2) Subject to the Board’s general policies, decisions, findings, and determinations, the Chairman administers the Board. The Chairman may delegate the powers in this paragraph to a Board officer, employee, or office. The Chairman must:
(A) appoint and supervise the Board’s officers and employees, except regular full-time employees in another member’s immediate office. This includes attorneys who provide legal assistance and services to the Board and its members and represent the Board in court;
(B) appoint office heads with the Board’s approval;
(C) assign the Board’s work among its officers, employees, and offices;
(D) prepare the Board’s requests for appropriations and submit them to the President and Congress after the Board approves them; and
(E) supervise spending of funds the Board allocates for major programs and purposes.
The Surface Transportation Board is an independent establishment of the United States Government.
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.
At all times—
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
at least 2 members shall be individuals with professional or business experience (including agriculture) in the private sector.
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.
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.
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.
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.
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.
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—
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;
appoint the heads of offices with the approval of the Board;
distribute Board business among officers and employees and offices of the Board;
prepare requests for appropriations for the Board and submit those requests to the President and Congress with the prior approval of the Board; and
supervise the expenditure of funds allocated by the Board for major programs and purposes.
Source credit: (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.)
- 1995Enacted · Pub. L. 104-88 · 109 Stat. 932
- 1996Amended · Pub. L. 104-287 · 110 Stat. 3389
- 2015Amended · Pub. L. 114-110 · 129 Stat. 2228, 2229
A history note hasn’t been published yet. The record shows enactment by Pub. L. 104-88 on 1995-12-29.
all 0 arguments · sorted by: best
no arguments yet — make the first case