
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: 49USC726]

 
                        TITLE 49--TRANSPORTATION
 
                SUBTITLE I--DEPARTMENT OF TRANSPORTATION
 
                 CHAPTER 7--SURFACE TRANSPORTATION BOARD
 
                      SUBCHAPTER II--ADMINISTRATIVE
 
Sec. 726. Railroad-Shipper Transportation Advisory Council

    (a) Establishment; Membership.--There is established the Railroad-
Shipper Transportation Advisory Council (in this section referred to as 
the ``Council'') to be composed of 19 members, of which 15 members shall 
be appointed by the Chairman of the Board, after recommendation from 
rail carriers and shippers, within 60 days after December 29, 1995. The 
members of the Council shall be appointed as follows:
        (1) The members of the Council shall be appointed from among 
    citizens of the United States who are not regular full-time 
    employees of the United States and shall be selected for appointment 
    so as to provide as nearly as practicable a broad representation of 
    the various segments of the railroad and rail shipper industries.
        (2) Nine of the members shall be appointed from senior executive 
    officers of organizations engaged in the railroad and rail shipping 
    industries, which 9 members shall be the voting members of the 
    Council. Council action and Council positions shall be determined by 
    a majority vote of the members present. A majority of such voting 
    members shall constitute a quorum. Of such 9 voting members--
            (A) at least 4 shall be representative of small shippers (as 
        determined by the Chairman); and
            (B) at least 4 shall be representative of Class II or III 
        railroads.

        (3) The remaining 6 members of the Council shall serve in a 
    nonvoting advisory capacity only, but shall be entitled to 
    participate in Council deliberations. Of the remaining members--
            (A) 3 shall be representative of Class I railroads; and
            (B) 3 shall be representative of large shipper organizations 
        (as determined by the Chairman).

        (4) The Secretary of Transportation and the members of the Board 
    shall serve as ex officio, nonvoting members of the Council. The 
    Council shall not be subject to the Federal Advisory Committee Act. 
    A list of the members appointed to the Council shall be forwarded to 
    the Chairmen and ranking members of the Committee on Commerce, 
    Science, and Transportation of the Senate and the Committee on 
    Transportation and Infrastructure of the House of Representatives.
        (5) Each ex officio member of the Council may designate an 
    alternate, who shall serve as a member of the Council whenever the 
    ex officio member is unable to attend a meeting of the Council. Any 
    such designated alternate shall be selected from individuals who 
    exercise significant decision-making authority in the Federal agency 
    involved.

    (b) Term of Office.--The members of the Council shall be appointed 
for a term of office of 3 years, except that of the members first 
appointed--
        (1) 5 members shall be appointed for terms of 1 year; and
        (2) 5 members shall be appointed for terms of 2 years,

as designated by the Chairman at the time of appointment. Any member 
appointed to fill a vacancy occurring before the expiration of the term 
for which the member's predecessor was appointed shall be appointed only 
for the remainder of such term. A member may serve after the expiration 
of his term until his successor has taken office. Vacancies on the 
Council shall be filled in the same manner in which the original 
appointments were made. No member of the Council shall be eligible to 
serve in excess of two consecutive terms.
    (c) Election and Duties of Officers.--The Council Chairman and Vice 
Chairman and other appropriate officers of the Council shall be elected 
by and from the voting members of the Council. The Council Chairman 
shall serve as the Council's executive officer and shall direct the 
administration of the Council, assign officer and committee duties, and 
shall be responsible for issuing and communicating the reports, policy 
positions and statements of the Council. In the event that the Council 
Chairman is unable to serve, the Vice Chairman shall act as Council 
Chairman.
    (d) Expenses.--(1) The members of the Council shall receive no 
compensation for their services as such, but upon request by the Council 
Chairman, based on a showing of significant economic burden, the 
Secretary of Transportation or the Chairman of the Board, to the extent 
provided in advance in appropriation Acts, may provide reasonable and 
necessary travel expenses for such individual Council members from 
Department or Board funding sources in order to foster balanced 
representation on the Council.
    (2) Upon request by the Council Chairman, the Secretary or Chairman 
of the Board, to the extent provided in advance in appropriations Acts, 
may pay the reasonable and necessary expenses incurred by the Council in 
connection with the coordination of Council activities, announcement and 
reporting of meetings, and preparation of such Council documents as are 
required or permitted by this section.
    (3) The Council may solicit and use private funding for its 
activities, subject to this subsection.
    (4) Prior to making any Federal funding requests, the Council 
Chairman shall undertake best efforts to fund such activities privately 
unless the Council Chairman determines that such private funding would 
create a conflict of interest, or the appearance thereof, or is 
otherwise impractical. The Council Chairman shall not request funding 
from any Federal agency without providing written justification as to 
why private funding would create any such conflict or appearance, or is 
otherwise impractical.
    (5) To enable the Council to carry out its functions--
        (A) the Council Chairman may request directly from any Federal 
    agency such personnel, information, services, or facilities, on a 
    compensated or uncompensated basis, as the Council Chairman 
    determines necessary to carry out the functions of the Council;
        (B) each Federal agency may, in its discretion, furnish the 
    Council with such information, services, and facilities as the 
    Council Chairman may request to the extent permitted by law and 
    within the limits of available funds; and
        (C) each Federal agency may, in its discretion, detail to 
    temporary duty with the Council, such personnel as the Council 
    Chairman may request for carrying out the functions of the Council, 
    each such detail to be without loss of seniority, pay, or other 
    employee status.

    (e) Meetings.--The Council shall meet at least semi-annually and 
shall hold other meetings at the call of the Council Chairman. 
Appropriate Federal facilities, where available, may be used for such 
meetings. Whenever the Council, or a committee of the Council, considers 
matters that affect the jurisdictional interests of Federal agencies 
that are not represented on the Council, the Council Chairman may invite 
the heads of such agencies, or their designees, to participate in the 
deliberations of the Council.
    (f) Functions and Duties; Annual Report.--(1) The Council shall 
advise the Secretary, the Chairman, the Committee on Commerce, Science, 
and Transportation of the Senate, and the Committee on Transportation 
and Infrastructure of the House of Representatives with respect to rail 
transportation policy issues it considers significant, with particular 
attention to issues of importance to small shippers and small railroads, 
including car supply, rates, competition, and effective procedures for 
addressing legitimate shipper and other claims.
    (2) To the extent the Council addresses specific grain car issues, 
it shall coordinate such activities with the National Grain Car Council. 
The Secretary and Chairman shall cooperate with the Council to provide 
research, technical and other reasonable support in developing any 
reports and policy statements required or authorized by this subsection.
    (3) The Council shall endeavor to develop within the private sector 
mechanisms to prevent, or identify and effectively address, obstacles to 
the most effective and efficient transportation system practicable.
    (4) The Council shall prepare an annual report concerning its 
activities and the results of Council efforts to resolve industry 
issues, and propose whatever regulatory or legislative relief it 
considers appropriate. The Council shall include in the annual report 
such recommendations as it considers appropriate with respect to the 
performance of the Secretary and Chairman under this chapter, and with 
respect to the operation and effectiveness of meetings and industry 
developments relating to the Council's efforts, and such other 
information as it considers appropriate. Such annual reports shall be 
reviewed by the Secretary and Chairman, and shall include the 
Secretary's and Chairman's views or comments relating to--
        (A) the accuracy of information therein;
        (B) Council efforts and reasonableness of Council positions and 
    actions; and
        (C) any other aspects of the Council's work as they may consider 
    appropriate.

The Council may prepare other reports or develop policy statements as 
the Council considers appropriate. An annual report shall be submitted 
for each fiscal year and shall be submitted to the Secretary and 
Chairman within 90 days after the end of the fiscal year. Other such 
reports and statements may be submitted as the Council considers 
appropriate.

(Added Pub. L. 104-88, title II, Sec. 201(a), Dec. 29, 1995, 109 Stat. 
937; amended Pub. L. 104-287, Sec. 5(7), Oct. 11, 1996, 110 Stat. 3389.)

                       References in Text

    The Federal Advisory Committee Act, referred to in subsec. (a)(4), 
is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended, which is set 
out in the Appendix to Title 5, Government Organization and Employees.


                               Amendments

    1996--Subsec. (a). Pub. L. 104-287 substituted ``December 29, 1995'' 
for ``the date of enactment of the ICC Termination Act of 1995'' in 
introductory provisions.
