Title 45RailroadsRelease 119-73

§165 Evaluation and audit of Mediation Board

Title 45 › Chapter CHAPTER 8— - RAILWAY LABOR › Subchapter SUBCHAPTER I— - GENERAL PROVISIONS › § 165

Last updated Apr 6, 2026|Official source

Summary

The Comptroller General must check and audit the Mediation Board’s programs, operations, and spending to make sure they run efficiently and effectively. These reviews must happen at least once every 2 years and can happen more often if needed. The audit must look at things like information management and security (including privacy of personal data), resource and workforce management, procurement and contracting, whether the Board follows good management practices, and how the Board investigates and decides who will represent employees while preventing interference, influence, or coercion. Within 180 days after February 14, 2012, the Comptroller General must do a separate review of how the Board certifies or decertifies employee representation and give recommendations to the Board and the appropriate congressional committees to keep the process fair and reasonable. That review must check current processes and changes since the Board began, say whether those changes match what Congress intended, compare the Board’s procedures with similar federal or state processes, and explain any differences. "Appropriate congressional committees" means the House Committee on Transportation and Infrastructure, the Senate Committee on Commerce, Science, and Transportation, and the Senate Committee on Health, Education, Labor, and Pensions.

Full Legal Text

Title 45, §165

Railroads — Source: USLM XML via OLRC

(a)(1)In order to promote economy, efficiency, and effectiveness in the administration of the programs, operations, and activities of the Mediation Board, the Comptroller General of the United States shall evaluate and audit the programs and expenditures of the Mediation Board. Such an evaluation and audit shall be conducted not less frequently than every 2 years, but may be conducted as determined necessary by the Comptroller General or the appropriate congressional committees.
(2)In carrying out the evaluation and audit required under paragraph (1), the Comptroller General shall evaluate and audit the programs, operations, and activities of the Mediation Board, including, at a minimum—
(A)information management and security, including privacy protection of personally identifiable information;
(B)resource management;
(C)workforce development;
(D)procurement and contracting planning, practices, and policies;
(E)the extent to which the Mediation Board follows leading practices in selected management areas; and
(F)the processes the Mediation Board follows to address challenges in—
(i)initial investigations of applications requesting that an organization or individual be certified as the representative of any craft or class of employees;
(ii)determining and certifying representatives of employees; and
(iii)ensuring that the process occurs without interference, influence, or coercion.
(b)Not later than 180 days after February 14, 2012, the Comptroller General shall review the processes applied by the Mediation Board to certify or decertify representation of employees by a labor organization and make recommendations to the Board and appropriate congressional committees regarding actions that may be taken by the Board or Congress to ensure that the processes are fair and reasonable for all parties. Such review shall be conducted separately from any evaluation and audit under subsection (a) and shall include, at a minimum—
(1)an evaluation of the existing processes and changes to such processes that have occurred since the establishment of the Mediation Board and whether those changes are consistent with congressional intent; and
(2)a description of the extent to which such processes are consistent with similar processes applied to other Federal or State agencies with jurisdiction over labor relations, and an evaluation of any justifications for any discrepancies between the processes of the Mediation Board and such similar Federal or State processes.
(c)In this section, the term “appropriate congressional committees” means the Committee on Transportation and Infrastructure of the House of Representatives, the Committee on Commerce, Science, and Transportation of the Senate, and the Committee on Health, Education, Labor, and Pensions of the Senate.

Legislative History

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Biannual GAO Audit Pub. L. 118–63, title II, § 218(o), May 16, 2024, 138 Stat. 1057, provided that: “Any provision of the FAA Modernization and Reform Act of 2012 (Public Law 112–95) [see

Short Title

of 2012 Amendment note set out under section 40101 of Title 49, Transportation], including any amendment made by such Act, that requires the Comptroller General [of the United States] to conduct an audit (including a recurring audit) shall have no force or effect.”

Reference

Citations & Metadata

Citation

45 U.S.C. § 165

Title 45Railroads

Last Updated

Apr 6, 2026

Release point: 119-73