Page:United States Statutes at Large Volume 109 Part 1.djvu/951

 PUBLIC LAW 104-88 —DEC. 29, 1995 109 STAT. 935 The report shall include the findings, conclusions, and the order of the Board and, if damages are awarded, the findings of fact supporting the award. The Board may have its reports published for public use. A published report of the Board is competent evidence of its contents. " (b) SPECIAL RULES FOR MATTERS RELATED TO RAIL CARRIERS.— (1) When action of the Board in a matter related to a rail carrier is taken by the Board, an individual member of the Board, or another individual or group of individuals designated to take official action for the Board, the written statement of that action (including a report, order, decision and order, vote, notice, letter, policy statement, or regulation) shall indicate— " (A) the official designation of the individual or group taking the action; "(B) the name of each individual taking, or participating in taking, the action; and "(C) the vote or position of each participating individual. "(2) If an individual member of a group taking an official action referred to in paragraph (1) does not participate in it, the written statement of the action shall indicate that the member did not participate. An individual participating in taking an official action is entitled to express the views of that individual as part of the written statement of the action. In addition to any publication of the written statement, it shall be made available to the public under section 552(a) of title 5. "S UBCHAr»TER II—ADMINISTRATIVE "§721. Powers "(a) IN GENERAL. —The Board shall carry out this chapter and subtitle IV. Enumeration of a power of the Board in this chapter or subtitle IV does not exclude another power the Board may have in carrying out this chapter or subtitle IV. The Board may prescribe regulations in carrying out this chapter and subtitle IV. "(b) INQUIRIES, REPORTS, AND ORDERS. — The Board may— "(1) inquire into and report on the management of the business of carriers providing transportation and services subject to subtitle rV; "(2) inquire into and report on the management of the business of a person controlling, controlled by, or under common control with those carriers to the extent that the business of that person is related to the management of the business of that carrier; "(3) obtain from those carriers and persons information ' the Board decides is necessary to carry out subtitle IV; and "(4) when necessary to prevent irreparable harm, issue an appropriate order without regard to subchapter II of chapter 5 of title 5. "(c) SUBPOENA WITNESSES. — (1) The Board may subpoena witnesses and records related to a proceeding of the Board from any place in the United States, to the designated place of the proceeding. If a witness disobeys a subpoena, the Board, or a party to a proceeding before the Board, may petition a court of the United States to enforce that subpoena. "(2) The district courts of the United States have jurisdiction Courts, to enforce a subpoena issued under this section. Trial is in the

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