Page:United States Statutes at Large Volume 87.djvu/1020

 988

PUBLIC LAW 93-236-JAN. 2, 1974

[87 STAT.

TITLE II—UNITED STATES RAILWAY ASSOCIATION FORMATION AND STRUCTURE

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76 Stat. 265.

SEC. 201. (a^ ESTABLISHMENT.—There is established, in accordance with the provisions of this section, an incorporated nonprofit association to be known as the United States Railway Association. (b) ADMINISTRATION.—The Association shall be directed by a Board of Directors. The individuals designated, pursuant to subsection (d) (2) of this section, as the Government members of such Board shall be deemed the incorporators of the Association and shall take whatever steps are necessary to establish the Association, including filing of articles of incorporation, and serving as an acting Board of Directors for a period of not more than 45 days after the date of incorporation of the Association. (c) STATUS.—The Association shall be a government corporation of the District of Columbia subject, to the extent not inconsistent with this title, to the District of Columbia Nonprofit Corporation Act (D.C. Code, sec. 29-1001 et seq.). Except as otherwise provided, employees of the Association shall not be deemed employees of the Federal Government. The Association shall have succession until dissolved by Act of Congress, shall maintain its principal office in the District of Columbia, and shall be deemed to be a resident of the District of Columbia with respect to venue in any legal proceeding. (d) BOARD OF DIRECTORS.—The Board of Directors of the Associa-

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Compensation,

tion shall consist of 11 individuals, as follows: (1) the Chairman, a qualified individual who shall be appointed by the President, by and with the advice and consent of the Senate; (2) three Government members, who shall be the Secretary, the Chairman of the Commission, and the Secretary of the Treasury, or their duly authorized representatives; and (3) seven nongovernment members, who shall be appointed by the President, by and with the advice and consent of the Senate, on the following basis— (A) one to be selected from a list of qualified individuals recommended by the Association of American Railroads or its successor who are representatives of profitable railroads; (B) one to be selected from a list of qualified individuals recommended by the American Federation of Labor and Congress of Industrial Organizations or its successor who , are representative of railroad labor; (C) one to be selected from a list of qualified individuals recommended by the National Governors Conference; (D) one to be selected from a list of qualified individuals recommended by the National League of Cities and Conference of Mayors; (E) two to be selected from lists of qualified individuals recommended by shippers and organizations representative of significant shipping interests including small shippers; (F) one to D selected from lists of qualified individuals © recommended by financial institutions, the financial community, and recognized financial leaders. As used in this paragraph, a list of qualified individuals shall consist of not less than three individuals. Except for the members appointed under paragraphs (1) and (3) (A), (B), (E), and (F), no member of the Board may have any employment or other direct financial relationship with any railroaa. j ^ member of the Board who is not otherwise an employee of the Fed-

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