Page:United States Statutes at Large Volume 119.djvu/1787

 PUBLIC LAW 109–59—AUG. 10, 2005

119 STAT. 1769

‘‘(4) MEETINGS.— ‘‘(A) IN GENERAL.—The board shall meet at least once per year. Additional meetings may be called, as needed, by the chairperson of the board, a majority of the directors, or the Secretary. ‘‘(B) QUORUM.—A majority of directors shall constitute a quorum. ‘‘(C) VOTING.—Approval of any matter before the board shall require the approval of a majority of all directors present at the meeting. ‘‘(D) OPEN MEETINGS.—Meetings of the board and any subcommittees or task forces appointed under paragraph (5) shall be subject to the provisions of section 552b of title 5. ‘‘(5) SUBCOMMITTEES.— ‘‘(A) INDUSTRY ADVISORY SUBCOMMITTEE.—The chairperson shall appoint an industry advisory subcommittee. The industry advisory subcommittee shall consider any matter before the board and make recommendations to the board. ‘‘(B) OTHER SUBCOMMITTEES.—The chairperson shall appoint an audit subcommittee, a dispute resolution subcommittee, and any additional subcommittees and task forces that the board determines to be necessary. ‘‘(C) MEMBERSHIP.—The chairperson of each subcommittee shall be a director. The other members of subcommittees and task forces may be directors or nondirectors. ‘‘(D) REPRESENTATION ON SUBCOMMITTEES.—Except for the industry advisory subcommittee (the membership of which shall consist solely of representatives of entities subject to the fee requirements of subsection (f)), each subcommittee and task force shall include representatives of the participating States and the motor carrier industry. ‘‘(6) DELEGATION OF AUTHORITY.—The board may contract with any person or any agency of a State to perform administrative functions required under the unified carrier registration agreement, but may not delegate its decision or policy-making responsibilities. ‘‘(7) DETERMINATION OF FEES.— ‘‘(A) RECOMMENDATION BY BOARD.—The board shall recommend to the Secretary the initial annual fees to be assessed carriers, leasing companies, brokers, and freight forwarders under the unified carrier registration agreement. In making its recommendation to the Secretary for the level of fees to be assessed in any agreement year, and in setting the fee level, the board and the Secretary shall consider— ‘‘(i) the administrative costs associated with the unified carrier registration plan and the agreement; ‘‘(ii) whether the revenues generated in the previous year and any surplus or shortage from that or prior years enable the participating States to achieve the revenue levels set by the board; and ‘‘(iii) the provisions governing fees under subsection (f)(1).

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