H. R. 2539—135
‘‘(d) FINALITY OF ACTIONS.—Notwithstanding subtitle IV, an
action of the Board under this section is final on the date on
which it is served, and a civil action to enforce, enjoin, suspend,
or set aside the action may be filed after that date.
‘‘§ 723. Service of notice in Board proceedings
‘‘(a) DESIGNATION
OF AGENT.—A carrier providing transpor-
tation subject to the jurisdiction of the Board under subtitle IV
shall designate an agent in the District of Columbia, on whom
service of notices in a proceeding before, and of actions of, the
Board may be made.
‘‘(b) FILING
AND
CHANGING
DESIGNATIONS.—A designation
under subsection (a) shall be in writing and filed with the Board.
The designation may be changed at any time in the same manner
as originally made.
‘‘(c) SERVICE OF NOTICE.—Except as otherwise provided, notices
of the Board shall be served on its designated agent at the office
or usual place of residence in the District of Columbia of that
agent. A notice of action of the Board shall be served immediately
on the agent or in another manner provided by law. If that carrier
does not have a designated agent, service may be made by posting
the notice in the office of the Board.
‘‘(d) SPECIAL RULE FOR RAIL CARRIERS.—In a proceeding involv-
ing the lawfulness of classifications, rates, or practices of a rail
carrier that has not designated an agent under this section, service
of notice of the Board on an attorney in fact for the carrier con-
stitutes service of notice on the carrier.
‘‘§ 724. Service of process in court proceedings
‘‘(a) DESIGNATION
OF AGENT.—A carrier providing transpor-
tation subject to the jurisdiction of the Board under subtitle IV
shall designate an agent in the District of Columbia on whom
service of process in an action before a district court may be made.
Except as otherwise provided, process in an action before a district
court shall be served on the designated agent of that carrier at
the office or usual place of residence in the District of Columbia
of that agent. If the carrier does not have a designated agent,
service may be made by posting the notice in the office of the
Board.
‘‘(b) CHANGING DESIGNATION.—A designation under this section
may be changed at any time in the same manner as originally
made.
‘‘§ 725. Administrative support
‘‘The Secretary of Transportation shall provide administrative
support for the Board.
‘‘§ 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 the date of enactment of the ICC Termination Act
of 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-
H. R. 2539—136
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 mem-
bers—
‘‘(A) 3 shall be representative of Class I railroads;
and
‘‘(B) 3 shall be representative of large shipper organiza-
tions (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 Transpor-
tation 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 Chair-
man and Vice Chairman and other appropriate officers of the Coun-
cil 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
H. R. 2539—137
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 coordina-
tion 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 pri-
vately 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 facili-
ties, 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 Chair-
man 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 Com-
merce, Science, and Transportation of the Senate, and the Com-
mittee on Transportation and Infrastructure of the House of
Representatives with respect to rail transportation policy issues
H. R. 2539—138
it considers significant, with particular attention to issues of impor-
tance to small shippers and small railroads, including car supply,
rates, competition, and effective procedures for addressing legiti-
mate 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 Chair-
man, 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 Sec-
retary 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.
‘‘§ 727. Definitions
‘‘All terms used in this chapter that are defined in subtitle
IV shall have the meaning given those terms in that subtitle.’’.
(b) TABLE OF CHAPTERS AMENDMENT.—The table of chapters
of subtitle I of title 49, United States Code, is amended by adding
at the end the following new item:
‘‘7.
SURFACE TRANSPORTATION BOARD .................................................
701’’.
SEC. 202. REORGANIZATION.
The Chairman of the Surface Transportation Board (in this
Act referred to as the ‘‘Board’’) may allocate or reallocate any
function of the Board, consistent with this title and subchapter
I of chapter 7, as amended by section 201 of this title, among
the members or employees of the Board, and may establish, consoli-
date, alter, or discontinue in the Board any organizational entities
that were entities of the Interstate Commerce Commission, as the
Chairman considers necessary or appropriate.