
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 49USC701]

 
                        TITLE 49--TRANSPORTATION
 
                SUBTITLE I--DEPARTMENT OF TRANSPORTATION
 
                 CHAPTER 7--SURFACE TRANSPORTATION BOARD
 
                       SUBCHAPTER I--ESTABLISHMENT
 
Sec. 701. Establishment of Board

    (a) Establishment.--There is hereby established within the 
Department of Transportation the Surface Transportation Board.
    (b) Membership.--(1) The Board shall consist of 3 members, to be 
appointed by the President, by and with the advice and consent of the 
Senate. Not more than 2 members may be appointed from the same political 
party.
    (2) At any given time, at least 2 members of the Board shall be 
individuals with professional standing and demonstrated knowledge in the 
fields of transportation or transportation regulation, and at least one 
member shall be an individual with professional or business experience 
(including agriculture) in the private sector.
    (3) 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.
    (4) On January 1, 1996, the members of the Interstate Commerce 
Commission serving unexpired terms on December 29, 1995, shall become 
members of the Board, to serve for a period of time equal to the 
remainder of the term for which they were originally appointed to the 
Interstate Commerce Commission. Any member of the Interstate Commerce 
Commission whose term expires on December 31, 1995, shall become a 
member of the Board, subject to paragraph (3).
    (5) No individual may serve as a member of the Board for more than 2 
terms. In the case of an individual who becomes a member of the Board 
pursuant to paragraph (4), or 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.
    (6) 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.
    (7) 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.
    (c) Chairman.--(1) 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.
    (2) 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--
        (A) 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;
        (B) appoint the heads of offices with the approval of the Board;
        (C) distribute Board business among officers and employees and 
    offices of the Board;
        (D) prepare requests for appropriations for the Board and submit 
    those requests to the President and Congress with the prior approval 
    of the Board; and
        (E) supervise the expenditure of funds allocated by the Board 
    for major programs and purposes.

(Added Pub. L. 104-88, title II, Sec. 201(a), Dec. 29, 1995, 109 Stat. 
932; amended Pub. L. 104-287, Sec. 5(5), Oct. 11, 1996, 110 Stat. 3389.)


                               Amendments

    1996--Subsec. (b)(4). Pub. L. 104-287 substituted ``January 1, 
1996'' for ``the effective date of this section'' and ``December 29, 
1995,'' for ``the date of the enactment of the ICC Termination Act of 
1995''.


                             Effective Date

    Section 2 of Pub. L. 104-88 provided that: ``Except as otherwise 
provided in this Act [see Tables for classification], this Act shall 
take effect on January 1, 1996.''


                            Savings Provision

    Section 204 of Pub. L. 104-88 provided that:
    ``(a) Legal Documents.--All orders, determinations, rules, 
regulations, permits, grants, loans, contracts, agreements, 
certificates, licenses, and privileges--
        ``(1) that have been issued, made, granted, or allowed to become 
    effective by the Interstate Commerce Commission, any officer or 
    employee of the Interstate Commerce Commission, or any other 
    Government official, or by a court of competent jurisdiction, in the 
    performance of any function that is transferred by this Act [see 
    Tables for classification] or the amendments made by this Act; and
        ``(2) that are in effect on the effective date of such transfer 
    (or become effective after such date pursuant to their terms as in 
    effect on such effective date),
shall continue in effect according to their terms until modified, 
terminated, superseded, set aside, or revoked in accordance with law by 
the Board [Surface Transportation Board], any other authorized official, 
a court of competent jurisdiction, or operation of law. The Board shall 
promptly rescind all regulations established by the Interstate Commerce 
Commission that are based on provisions of law repealed and not 
substantively reenacted by this Act.
    ``(b) Proceedings.--(1) The provisions of this Act shall not affect 
any proceedings or any application for any license pending before the 
Interstate Commerce Commission at the time this Act takes effect [see 
Effective Date note above], insofar as those functions are retained and 
transferred by this Act; but such proceedings and applications, to the 
extent that they relate to functions so transferred, shall be continued. 
Orders shall be issued in such proceedings, appeals shall be taken 
therefrom, and payments shall be made pursuant to such orders, as if 
this Act had not been enacted; and orders issued in any such proceedings 
shall continue in effect until modified, terminated, superseded, or 
revoked by a duly authorized official, by a court of competent 
jurisdiction, or by operation of law. Nothing in this subsection shall 
be deemed to prohibit the discontinuance or modification of any such 
proceeding under the same terms and conditions and to the same extent 
that such proceeding could have been discontinued or modified if this 
Act had not been enacted.
    ``(2) The Board and the Secretary are authorized to provide for the 
orderly transfer of pending proceedings from the Interstate Commerce 
Commission.
    ``(3)(A) Except as provided in subparagraphs (B) and (C), in the 
case of a proceeding under a provision of law repeal [repealed], and not 
reenacted, by this Act such proceeding shall be terminated.
    ``(B) Any proceeding involving a pipeline carrier under subtitle IV 
of title 49, United States Code, shall be continued to be heard by the 
Board under such subtitle, as in effect on the day before the effective 
date of this section [see Effective Date note above], until completion 
of such proceeding.
    ``(C) Any proceeding involving the merger of a motor carrier 
property under subtitle IV of title 49, United States Code, shall 
continue to be heard by the Board under such subtitle, as in effect on 
the day before the effective date of this section, until completion of 
such proceeding.
    ``(4) Any proceeding with respect to any tariff, rate charge, 
classification, rule, regulation, or service that was pending under the 
Intercoastal Shipping Act, 1933 [former 46 App. U.S.C. 843 et seq.] or 
the Shipping Act, 1916 [46 App. U.S.C. 801 et seq.] before the Federal 
Maritime Commission on November 1, 1995, shall continue to be heard 
until completion or issuance of a final order thereon under all 
applicable laws in effect as of November 1, 1995.
    ``(c) Suits.--(1) This Act shall not affect suits commenced before 
the date of the enactment of this Act [Dec. 29, 1995], except as 
provided in paragraphs (2) and (3). In all such suits, proceeding shall 
be had, appeals taken, and judgments rendered in the same manner and 
with the same effect as if this Act had not been enacted.
    ``(2) Any suit by or against the Interstate Commerce Commission 
begun before the effective date of this Act shall be continued, insofar 
as it involves a function retained and transferred under this Act, with 
the Board (to the extent the suit involves functions transferred to the 
Board under this Act) or the Secretary (to the extent the suit involves 
functions transferred to the Secretary under this Act) substituted for 
the Commission.
    ``(3) If the court in a suit described in paragraph (1) remands a 
case to the Board or the Secretary, subsequent proceedings related to 
such case shall proceed in accordance with applicable law and 
regulations as in effect at the time of such subsequent proceedings.
    ``(d) Continuance of Actions Against Officers.--No suit, action, or 
other proceeding commenced by or against any officer in his official 
capacity as an officer of the Interstate Commerce Commission shall abate 
by reason of the enactment of this Act. No cause of action by or against 
the Interstate Commerce Commission, or by or against any officer thereof 
in his official capacity, shall abate by reason of enactment of this 
Act.
    ``(e) Exercise of Authorities.--Except as otherwise provided by law, 
an officer or employee of the Board may, for purposes of performing a 
function transferred by this Act or the amendments made by this Act, 
exercise all authorities under any other provision of law that were 
available with respect to the performance of that function to the 
official responsible for the performance of the function immediately 
before the effective date of the transfer of the function under this Act 
or the amendments made by this Act.''

               Abolition of Interstate Commerce Commission

    Section 101 of Pub. L. 104-88 provided that: ``The Interstate 
Commerce Commission is abolished.''


        Organization of Functions of Surface Transportation Board

    Section 202 of title II of Pub. L. 104-88 provided that: ``The 
Chairman of the Surface Transportation Board (in this Act [see Tables 
for classification] referred to as the `Board') may allocate or 
reallocate any function of the Board, consistent with this title [see 
Tables for classification] and subchapter I of chapter 7 [49 U.S.C. 701 
et seq.], as amended by section 201 of this title, among the members or 
employees of the Board, and may establish, consolidate, alter, or 
discontinue in the Board any organizational entities that were entities 
of the Interstate Commerce Commission, as the Chairman considers 
necessary or appropriate.''


                    Transfer of Assets and Personnel

    Section 203 of Pub. L. 104-88 provided that:
    ``(a) To Board.--Except as otherwise provided in this Act [see 
Tables for classification] and the amendments made by this Act, those 
personnel, property, and records employed, used, held, available, or to 
be made available in connection with a function transferred to the Board 
[Surface Transportation Board] by this Act shall be transferred to the 
Board for use in connection with the functions transferred, and 
unexpended balances of appropriations, allocations, and other funds of 
the Interstate Commerce Commission shall also be transferred to the 
Board. Such unexpended balances, allocations, and other funds, together 
with any unobligated balances from user fees collected by the Commission 
during fiscal year 1996, may be used to pay for the closedown of the 
Commission and severance costs for Commission personnel, regardless of 
whether those costs are incurred at the Commission or at the Board.
    ``(b) To Secretary.--Except as otherwise provided in this Act and 
the amendments made by this Act, those personnel, property, and records 
employed, used, held, available, or to be made available in connection 
with a function transferred to the Secretary by this Act shall be 
transferred to the Secretary for use in connection with the functions 
transferred.
    ``(c) Separated Employees.--Notwithstanding all other laws and 
regulations, the Department of Transportation shall place all Interstate 
Commerce Commission employees separated from the Commission as a result 
of this Act on the DOT reemployment priority list (competitive service) 
or the priority employment list (excepted service).''


References to Interstate Commerce Commission Deemed To Be References to 
                      Surface Transportation Board

    Section 205 of Pub. L. 104-88 provided that: ``Any reference to the 
Interstate Commerce Commission in any other Federal law, Executive 
order, rule, regulation, or delegation of authority, or any document of 
or pertaining to the Interstate Commerce 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 appropriate.''
