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49 U.S.C. § 1303 — Administrative provisions

Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 1303 — Administrative provisions

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Stable record: federal_law:legal_authorities:record_usc_add0aa20883c0327a7a0b8b5
Source file: Laws/federal/codes/united-states-code/title-49/section-1303-administrative-provisions--5a5d858658.md
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Source location: Title 49, Chapter 13, § 1303; chapter-013-surface-transportation-board.md

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**(a) Open Meetings.—** (1) **In general.—** — The Board shall be deemed to be an agency for purposes of [section 552b of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552b&num=0&edition=prelim). (2) **Nonpublic collaborative discussions.—** (A) *In general.—* — Notwithstanding [section 552b of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552b&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552b/c&num=0&edition=prelim). (C) *Summary.—* — If the Board properly determines matters may be withheld from the public under [section 555b(c) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section555b/c&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552b&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552b&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552a&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section500&num=0&edition=prelim), 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.

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 552a — Records maintained on individuals

**(a) Definitions.—** For purposes of this section— (1) the term “agency” means agency as defined in section 552(e) 11 See References in Text note below. of this title; (2) the term “individual” means a citizen of the United States or an alien lawfully admitted for permanent residence; (3) the term “maintain” includes maintain, collect, use, or disseminate; (4) the term “record” means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, his education, financial transactions, medical history, and criminal or employment history and that contains his name, or the identifying number, symbol, or other identifying particular assigned to the individual, such as a finger or voice print or a photograph; (5) the term “system of records” means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual; (6) the term “statistical record” means a record in a system of records maintained for statistical research or reporting purposes only and not used in whole or in part in making any determination about an identifiable individual, except as provided by [section 8 of title 13](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title13-section8&num=0&edition=prelim); (7) the term “routine use” means, with respect to the disclosure of a record, the use of such record for a purpose which is compatible with the purpose for which it was collected; (8) the term “matching program”— (A) means any computerized comparison of— (i) two or more automated systems of records or a system of records with non-Federal records for the purpose

Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 552a

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 552b — Open meetings

**(a)** For purposes of this section— (1) the term “agency” means any agency, as defined in section 552(e) 11 See References in Text note below. of this title, headed by a collegial body composed of two or more individual members, a majority of whom are appointed to such position by the President with the advice and consent of the Senate, and any subdivision thereof authorized to act on behalf of the agency; (2) the term “meeting” means the deliberations of at least the number of individual agency members required to take action on behalf of the agency where such deliberations determine or result in the joint conduct or disposition of official agency business, but does not include deliberations required or permitted by subsection (d) or (e); and (3) the term “member” means an individual who belongs to a collegial body heading an agency. **(b)** Members shall not jointly conduct or dispose of agency business other than in accordance with this section. Except as provided in subsection (c), every portion of every meeting of an agency shall be open to public observation. **(c)** Except in a case where the agency finds that the public interest requires otherwise, the second sentence of subsection (b) shall not apply to any portion of an agency meeting, and the requirements of subsections (d) and (e) shall not apply to any information pertaining to such meeting otherwise required by this section to be disclosed to the public, where the agency properly determines that such portion or portions of its meeting or the disclosure of such information is likely to— (1) disclose matters that are (A) specifically authorized under criteria established by an Executive order to be kept secret in the interests of national defense or foreign policy and (B) in fact properly classified

Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 552b

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 500 — Administrative practice; general provisions

**(a)** For the purpose of this section— (1) “agency” has the meaning given it by [section 551 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section551&num=0&edition=prelim); and (2) “State” means a State, a territory or possession of the United States including a Commonwealth, or the District of Columbia. **(b)** An individual who is a member in good standing of the bar of the highest court of a State may represent a person before an agency on filing with the agency a written declaration that he is currently qualified as provided by this subsection and is authorized to represent the particular person in whose behalf he acts. **(c)** An individual who is duly qualified to practice as a certified public accountant in a State may represent a person before the Internal Revenue Service of the Treasury Department on filing with that agency a written declaration that he is currently qualified as provided by this subsection and is authorized to represent the particular person in whose behalf he acts. **(d)** This section does not— (1) grant or deny to an individual who is not qualified as provided by subsection (b) or (c) of this section the right to appear for or represent a person before an agency or in an agency proceeding; (2) authorize or limit the discipline, including disbarment, of individuals who appear in a representative capacity before an agency; (3) authorize an individual who is a former employee of an agency to represent a person before an agency when the representation is prohibited by statute or regulation; or (4) prevent an agency from requiring a power of attorney as a condition to the settlement of a controversy involving the payment of money. **(e)** Subsections (b)–(d) of this section do not apply to practice

Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 500

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 1303 — Administrative provisions

Page 185 TITLE 49—TRANSPORTATION § 1303 (competitive service) or the priority employment list (excepted service).’’ REFERENCES TO INTERSTATE COMMERCE COMMISSION DEEMED TO BE REFERENCES TO SURFACE TRANSPOR- TATION BOARD Pub. L. 104–88, title II, § 205, Dec. 29, 1995, 109 Stat. 943, provided that: ‘‘Any reference to the Interstate Com- merce Commission in any other Federal law, Executive order, rule, regulation, or delegation of authority, or any document of or pertaining to the Interstate Com- merce Commission or an officer or employee of the Interstate Commerce Commission, is deemed to refer to the Board [Surface Transportation Board], a member or employee of the Board, or the Secretary, as appro- priate.’’ SURFACE TRANSPORTATION BOARD PASSENGER RAIL PROGRAM Pub. L. 117–58, div. B, title II, § 22309, Nov. 15, 2021, 135 Stat. 734, provided that: ‘‘The Surface Transportation Board shall— ‘‘(1) establish a passenger rail program with pri- mary responsibility for carrying out the Board’s pas- senger rail responsibilities; and ‘‘(2) hire up to 10 additional full-time employees to assist in carrying out the responsibilities referred to in paragraph (1).’’ INFORMATION SECURITY IMPROVEMENT Pub. L. 115–269, Oct. 16, 2018, 132 Stat. 3763, provided that: ‘‘SECTION 1. SHORT TITLE. ‘‘This Act may be cited as the ‘STB Information Se- curity Improvement Act’. ‘‘SEC. 2. REQUIREMENTS. ‘‘(a) IN GENERAL.—The Surface Transportation Board (in this section referred to as the ‘STB’) shall develop a timeline and plan to implement the recommendations of the Inspector General of the Department of Trans- portation in Report No. FI2018002, including improve- ments— ‘‘(1) to identify controls, including risk manage- ment, weakness remediation, and security authoriza- tion; ‘‘(

Source: Supplied 2024 U.S. Code historical extraction · 49 U.S.C. § 1303

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