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B-201129 1 (1980-11-25)

handle is hein.gao/gaobabjdr0001 and id is 1 raw text is: B-201129 COMPT ROLLER GENERAL OF THE UNITED STATES WASHINGTON D.C. 20548 November 25, 1980 The Honorable Howard W. Cannon Chairman, Committee on Commerce, Science and Transportation United States Senate .DO ~, to ., ,,00 ttOtP UW Dear Mr. Chairman: - Your letter of October 29, 1980, raises questions concerning DLAO)S379 [appointments to the Railroad Accounting Principles Boardjestablished /by Title III of the Staggers Rail Act of 1980, Pub. L. 96-448. The isix Board members, to be appointed by the Comptroller General as chairman, are required by 49 U.S.C. 11161(a)(3), as added by that act, to be well qualified for such position by virtue of experience in or knowledge of rate regulation, accounting or cost determinations. Given this requirement, and because the law requires five of the six Board members to be appointed from sectors of the transportation industry and from specified professions, you note the possibility that persons actively engaged in Interstate Commerce Commission (ICC) rate ,6C.OOO' proceedings may be recommended for appointment. You ask whether such an appointment would pose conflicts of interest problems, either now or after such person has served on the Board. At the outset, we must point out that the Attorney General has responsibility for enforcing the provisions of Title 18 of the U.S. Code pertaining to conflicts of interest and that the views of this Office are advisory only. Subsection 11161(a)(1) of Title 49, as added by the Staggers Rail Act of 1980, establishes the Railroad Accounting Principles Board within and responsible to the legislative branch of the Federal Government. Because the Board is within the legislative branch, its members would not appear to be subject to several of the more signif- icant conflicts of interest provisions contained in Chapter 11 of Title 18 of the U.S. Code or to the Standards of Ethical Conduct for Government Officers and Employees,, Executive Order 11222. They would possibly be subject to conflicts of interest restrictions promulgated within the legislative branch for application to its officers and employees. 3e-S 72

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