§1303 — Title 49 Transportation | U.S. Code

Summary

The Board must follow the open-meeting rules in 5 U.S.C. 552b. Even so, a majority of the members may meet in private to discuss official business if they do not take any votes or official action, only Board members or employees attend, and the Board’s General Counsel is there. Within 2 business days after such a private meeting, the Board must make public who was there and a short summary of what was discussed, except for parts it can properly keep private under 5 U.S.C. 552b(c). If something is withheld, the Board must still give as much general information as it can. If the discussion concerns an ongoing case, the Board must disclose the required information on the date of the final decision. These rules do not change how 552b applies to other meetings or to decisions about withholding, and they do not allow hiding records a person can access under 5 U.S.C. 552a. The Chairman may name attorneys to represent the Board in civil cases tied to its work. The Board may set rules for who can practice before it and charge a reasonable admission fee, subject to 5 U.S.C. 500. If the Board sends budget estimates, testimony, legislative recommendations, or comments on legislation to the President or the Office of Management and Budget, it must send the same documents at the same time to the Senate Committee on Commerce, Science, and Transportation and the House Committee on Transportation and Infrastructure. No U.S. officer or agency can force the Board to get approval, review, or comments from them before the Board sends those materials to Congress.

Title 49, §1303

Transportation — Source: USLM XML via OLRC

(a)(1)The Board shall be deemed to be an agency for purposes of section 552b of title 5.

(2)(A)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)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)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)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)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)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)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)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)(1)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 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.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2015—Pub. L. 114–110, § 3(a)(3), renumbered section 703 of this title as this section. Subsec. (a). Pub. L. 114–110, § 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. 114–110, § 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. 114–110, § 3(c)(1)(B), redesignated subsec. (d) as (b). Former subsec. (b) redesignated (a). Subsec. (c). Pub. L. 114–110, § 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. 114–110, § 3(c)(1)(C), added subsec. (d). Former subsec. (d) redesignated (b). Subsec. (e). Pub. L. 114–110, § 3(c)(1)(B), redesignated subsec. (e) as (c). Subsecs. (f), (g). Pub. L. 114–110, § 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.”

§1303 Administrative provisions

Summary

Title 49, §1303

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata