Page:United States Statutes at Large Volume 111 Part 3.djvu/492

 Ill STAT. 2580 PUBLIC LAW 105-134—DEC. 2, 1997 (A) TIME FOR INITIAL APPOINTMENTS.— Appointments under paragraph (1) shall be made within 30 days after the date of enactment of this Act. (B) EXPERTISE. — Individuals appointed under subparagraphs (C) through (F) of paragraph (1)— (i) may not be employees of the United States; (ii) may not be board members or employees of Amtrak; (iii) may not be representatives of rail labor organizations or rail management; and (iv) shall have technical qualifications, professional standing, and demonstrated expertise in the field of corporate management, finance, rail or other transportation operations, labor, economics, or the law, or other areas of expertise relevant to the Council. (3) TERM. — Members shall serve for terms of 5 years. If a vacancy occurs other than by the expiration of a term, the individual appointed to fill the vacancy shall be appointed in the same manner as, and shall serve only for the unexpired portion of the term for which, that individual's predecessor was appointed. (4) CHAIRMAN. — The Council shall elect a chairman from among its membership within 15 days after the earlier of— (A) the date on which all members of the Council have been appointed under paragraph (2)(A); or (B) 45 days after the date of enactment of this Act. (5) MAJORITY REQUIRED FOR ACTION.^A majority of the members of the Council present and voting is required for the Council to take action. No person shall be elected chairman of the Council who receives fewer than 5 votes. (c) ADMINISTRATIVE SUPPORT. —The Secretary of Transportation shall provide such administrative support to the Council as it needs in order to carry out its duties under this section. (d) TRAVEL EXPENSES.—Each member of the Council shall serve without pay, but shall receive travel expenses, including per diem in lieu of subsistence, in accordance with section 5702 and 5703 of title 5, United States Code. (e) MEETINGS.—Each meeting of the Council, other than a meeting at which proprietary information is to be discussed, shall be open to the public. Regulations. (f) ACCESS TO INFORMATION. — Amtrak shall make available to the Council all information the Council requires to carry out its duties under this section. The Council shall establish appropriate procedures to ensure against the public disclosure of any information obtained under this subsection that is a trade secret or commercial or financial information that is privileged or confidential. (g) DUTIES. — (1) EVALUATION AND RECOMMENDATION. —The Council shall— (A) evaluate Amtrak's performance; and (B) make recommendations to Amtrak for achieving further cost containment and productivity improvements, and financial reforms. (2) SPECIFIC CONSIDERATIONS.— In making its evaluation and recommendations under paragraph (1), the Council shall consider all relevant performance factors, including—

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