45 Usc 821

45 USC 821.PDF

Railroad Rehabilitation and Improvement Financing Program

45 USC 821

OMB: 2130-0548

Document [pdf]
Download: pdf | pdf
-CITE45 USC CHAPTER 17 - RAILROAD REVITALIZATION AND
REGULATORY REFORM

1/07/2011 (111-383)

-EXPCITETITLE 45 - RAILROADS
CHAPTER 17 - RAILROAD REVITALIZATION AND REGULATORY REFORM
-HEADCHAPTER 17 - RAILROAD REVITALIZATION AND REGULATORY REFORM
-MISC1SUBCHAPTER I - GENERAL PROVISIONS
Sec.
801.
802.
803.

Declaration of policy.
Definitions.
Repealed.

SUBCHAPTER
821.
822.
823.
824 to 835.
836.
837, 838.

II - RAILROAD REHABILITATION AND IMPROVEMENT FINANCING
Definitions.
Direct loans and loan guarantees.
Administration of direct loans and loan guarantees.
Repealed or Transferred.
Employee protection.
Repealed.

SUBCHAPTER III - NORTHEAST CORRIDOR PROJECT IMPLEMENTATION
851 to 856. Repealed.
-End-CITE45 USC SUBCHAPTER I - GENERAL PROVISIONS

1/07/2011 (111-383)

-EXPCITETITLE 45 - RAILROADS
CHAPTER 17 - RAILROAD REVITALIZATION AND REGULATORY REFORM
SUBCHAPTER I - GENERAL PROVISIONS
-HEADSUBCHAPTER I - GENERAL PROVISIONS
-End-

-CITE45 USC Sec. 801

1/07/2011 (111-383)

-EXPCITETITLE 45 - RAILROADS
CHAPTER 17 - RAILROAD REVITALIZATION AND REGULATORY REFORM
SUBCHAPTER I - GENERAL PROVISIONS
-HEADSec. 801. Declaration of policy
-STATUTE(a) Purpose
It is the purpose of the Congress in this Act to provide the
means to rehabilitate and maintain the physical facilities, improve
the operations and structure, and restore the financial stability
of the railway system of the United States, and to promote the
revitalization of such railway system, so that this mode of
transportation will remain viable in the private sector of the
economy and will be able to provide energy-efficient, ecologically
compatible transportation services with greater efficiency,
effectiveness, and economy, through (1) ratemaking and regulatory reform;
(2) the encouragement of efforts to restructure the system on a
more economically justified basis, including planning authority
in the Secretary of Transportation, an expedited procedure for
determining whether merger and consolidation applications are in
the public interest, and continuing reorganization authority;
(3) financing mechanisms that will assure adequate
rehabilitation and improvement of facilities and equipment,
implementation of the final system plan, and implementation of
the Northeast Corridor project;

http://uscode.house.gov/download/pls/45C17.txt[1/3/2012 4:29:48 PM]

(4) transitional continuation of service on light-density rail
lines that are necessary to continued employment and community
well-being throughout the United States;
(5) auditing, accounting, reporting, and other requirements to
protect Federal funds and to assure repayment of loans and
financial responsibility; and
(6) necessary studies.
(b) Policy
It is declared to be the policy of the Congress in this Act to (1) balance the needs of carriers, shippers, and the public;
(2) foster competition among all carriers by railroad and other
modes of transportation, to promote more adequate and efficient
transportation services, and to increase the attractiveness of
investing in railroads and rail-service-related enterprises;
(3) permit railroads greater freedom to raise or lower rates
for rail services in competitive markets;
(4) promote the establishment of railroad rate structures which
are more sensitive to changes in the level of seasonal, regional,
and shipper demand;
(5) promote separate pricing of distinct rail and rail-related
services;
(6) formulate standards and guidelines for determining adequate
revenue levels for railroads; and
(7) modernize and clarify the functions of railroad rate
bureaus.
-SOURCE(Pub. L. 94-210, title I, Sec. 101, Feb. 5, 1976, 90 Stat. 33.)
-REFTEXTREFERENCES IN TEXT
This Act, referred to in text, means Pub. L. 94-210, Feb. 5,
1976, 90 Stat. 31, as amended, known as the Railroad Revitalization
and Regulatory Reform Act of 1976. For complete classification of
this Act to the Code, see Short Title note set out below and
Tables.
-MISC1SHORT TITLE
Section 1 of Pub. L. 94-210 provided in part that this Act
[enacting this chapter and sections 726 and 745 to 747 of this
title, and sections 1a, 5c, 26b, 26c, 1613, 1653a, 1654, and 1657a
of former Title 49, Transportation, amending sections 543, 545,
546, 562 to 564, 702, 711 to 713, 715, 716, 718 to 721, 724, 725,
741, 743, 744, 762, 763, 771, 772, 774, 775, 778, 779, and 791 of
this title, sections 77c, 77s, 78m, and 80a-3 of Title 15, Commerce
and Trade, sections 11 and 856 of former Title 31, Money and
Finance, and sections 1, 1a, 5, 5b, 6, 12, 13, 15, 15a, 17, 20, 27,
314, 1653, 1658, and 1659 of former Title 49, repealing sections
761 to 762 of this title, enacting provisions set out as notes
under sections 745, 761, 791, and 793 of this title, sections 77c
and 80a-3 of Title 15, and sections 1, 1a, 5b, 5c, 17, and 1654 of
former Title 49, and amending notes set out under section 1651 of
former Title 49] may be cited as the "Railroad Revitalization and
Regulatory Reform Act of 1976".
-End-

-CITE45 USC Sec. 802

1/07/2011 (111-383)

-EXPCITETITLE 45 - RAILROADS
CHAPTER 17 - RAILROAD REVITALIZATION AND REGULATORY REFORM
SUBCHAPTER I - GENERAL PROVISIONS
-HEADSec. 802. Definitions
-STATUTEAs used in this Act, unless the context otherwise indicates, the
term (1) "Association" means the United States Railway Association;
(2) "Commission" means the Interstate Commerce Commission;
(3) "Corporation" means the Consolidated Rail Corporation;
(4) "final system plan" means the final system plan and any
additions thereto adopted by the Association pursuant to the
Regional Rail Reorganization Act of 1973 (45 U.S.C. 701 et seq.);

http://uscode.house.gov/download/pls/45C17.txt[1/3/2012 4:29:48 PM]

(5) "includes" and variants thereof should be read as if the
phrase "but is not limited to" were also set forth;
(6) "Office" means the Rail Services Planning Office of the
Commission;
(7) "railroad" has the meaning given that term in section 20102
of title 49; and
(8) "Secretary" means the Secretary of Transportation or his
designated representative.
-SOURCE(Pub. L. 94-210, title I, Sec. 102, Feb. 5, 1976, 90 Stat. 33; Pub.
L. 97-468, title VI, Sec. 615(b)(2), Jan. 14, 1983, 96 Stat. 2578;
Pub. L. 104-88, title III, Sec. 330(1), Dec. 29, 1995, 109 Stat.
953; Pub. L. 109-59, title IX, Sec. 9003(a), Aug. 10, 2005, 119
Stat. 1921.)
-REFTEXTREFERENCES IN TEXT
This Act, referred to in text, means Pub. L. 94-210, Feb. 5,
1976, 90 Stat. 31, as amended, known as the Railroad Revitalization
and Regulatory Reform Act of 1976. For complete classification of
this Act to the Code, see Short Title note set out under section
801 of this title and Tables.
The Regional Rail Reorganization Act of 1973, referred to in par.
(4), is Pub. L. 93-236, Jan. 2, 1974, 87 Stat. 985, as amended,
which is classified principally to chapter 16 (Sec. 701 et seq.) of
this title. For complete classification of this Act to the Code,
see Short Title note set out under section 701 of this title and
Tables.
-MISC1AMENDMENTS
2005 - Par. (7). Pub. L. 109-59 amended par. (7) generally. Prior
to amendment, par. (7) read as follows: " 'railroad' means a rail
carrier subject to part A of subtitle IV of title 49, and includes
the National Railroad Passenger Corporation; and".
1995 - Par. (7). Pub. L. 104-88 substituted "rail carrier subject
to part A of subtitle IV of title 49" for "common carrier by
railroad or express, as defined in section 1(3) of the Interstate
Commerce Act (49 U.S.C. 1(3))".
1983 - Par. (7). Pub. L. 97-468 struck out "and the Alaska
Railroad" before the semicolon at end.
EFFECTIVE DATE OF 1995 AMENDMENT
Amendment by Pub. L. 104-88 effective Jan. 1, 1996, see section 2
of Pub. L. 104-88, set out as an Effective Date note under section
701 of Title 49, Transportation.
EFFECTIVE DATE OF 1983 AMENDMENT
Amendment by Pub. L. 97-468 effective on date of transfer of
Alaska Railroad to the State [Jan. 5, 1985], pursuant to section
1203 of this title, see section 615(b) of Pub. L. 97-468.
-TRANSABOLITION OF INTERSTATE COMMERCE COMMISSION AND TRANSFER OF
FUNCTIONS
Interstate Commerce Commission abolished and functions of
Commission transferred, except as otherwise provided in Pub. L. 10488, to Surface Transportation Board effective Jan. 1, 1996, by
section 702 of Title 49, Transportation, and section 101 of Pub. L.
104-88, set out as a note under section 701 of Title 49. References
to Interstate Commerce Commission deemed to refer to Surface
Transportation Board, a member or employee of the Board, or
Secretary of Transportation, as appropriate, see section 205 of
Pub. L. 104-88, set out as a note under section 701 of Title 49.
ABOLITION OF UNITED STATES RAILWAY ASSOCIATION AND TRANSFER OF
FUNCTIONS AND SECURITIES
See section 1341 of this title.
-End-

-CITE45 USC Sec. 803
-EXPCITETITLE 45 - RAILROADS

http://uscode.house.gov/download/pls/45C17.txt[1/3/2012 4:29:48 PM]

1/07/2011 (111-383)

CHAPTER 17 - RAILROAD REVITALIZATION AND REGULATORY REFORM
SUBCHAPTER I - GENERAL PROVISIONS
-HEADSec. 803. Repealed.
-MISC1Sec. 803. Repealed. Pub. L. 97-449, Sec. 7(b), Jan. 12, 1983, 96
Stat. 2443.
Section, Pub. L. 94-210, title IX, Sec. 905, Feb. 5, 1976, 90
Stat. 148, directed that no person in the United States be
discriminated against on the basis of race, color, national origin,
or sex with regard to any activity funded in whole or in part under
this Act and provided for cut-off of funds to and civil action
against any person who persisted in failure to comply. See section
306 of Title 49, Transportation.
-End-CITE45 USC SUBCHAPTER II - RAILROAD REHABILITATION AND
IMPROVEMENT FINANCING

1/07/2011 (111-383)

-EXPCITETITLE 45 - RAILROADS
CHAPTER 17 - RAILROAD REVITALIZATION AND REGULATORY REFORM
SUBCHAPTER II - RAILROAD REHABILITATION AND IMPROVEMENT FINANCING
-HEADSUBCHAPTER II - RAILROAD REHABILITATION AND IMPROVEMENT FINANCING
-End-

-CITE45 USC Sec. 821

1/07/2011 (111-383)

-EXPCITETITLE 45 - RAILROADS
CHAPTER 17 - RAILROAD REVITALIZATION AND REGULATORY REFORM
SUBCHAPTER II - RAILROAD REHABILITATION AND IMPROVEMENT FINANCING
-HEADSec. 821. Definitions
-STATUTEFor purposes of this subchapter:
(1)(A) The term "cost" means the estimated long-term cost to
the Government of a direct loan or loan guarantee or modification
thereof, calculated on a net present value basis, excluding
administrative costs and any incidental effects on governmental
receipts or outlays.
(B) The cost of a direct loan shall be the net present value,
at the time when the direct loan is disbursed, of the following
estimated cash flows:
(i) Loan disbursements.
(ii) Repayments of principal.
(iii) Payments of interest and other payments by or to the
Government over the life of the loan after adjusting for
estimated defaults, prepayments, fees, penalties, and other
recoveries.
Calculation of the cost of a direct loan shall include the
effects of changes in loan terms resulting from the exercise by
the borrower of an option included in the loan contract.
(C) The cost of a loan guarantee shall be the net present
value, at the time when the guaranteed loan is disbursed, of the
following estimated cash flows:
(i) Payments by the Government to cover defaults and
delinquencies, interest subsidies, or other payments.
(ii) Payments to the Government, including origination and
other fees, penalties, and recoveries.
Calculation of the cost of a loan guarantee shall include the
effects of changes in loan terms resulting from the exercise by
the guaranteed lender of an option included in the loan guarantee
contract, or by the borrower of an option included in the
guaranteed loan contract.
(D) The cost of a modification is the difference between the

http://uscode.house.gov/download/pls/45C17.txt[1/3/2012 4:29:48 PM]

current estimate of the net present value of the remaining cash
flows under the terms of a direct loan or loan guarantee
contract, and the current estimate of the net present value of
the remaining cash flows under the terms of the contract, as
modified.
(E) In estimating net present values, the discount rate shall
be the average interest rate on marketable Treasury securities of
similar maturity to the cash flows of the direct loan or loan
guarantee for which the estimate is being made.
(F) When funds are obligated for a direct loan or loan
guarantee, the estimated cost shall be based on the current
assumptions, adjusted to incorporate the terms of the loan
contract, for the fiscal year in which the funds are obligated.
(2) The term "current" has the same meaning as in section
900(c)(9) of title 2.
(3) The term "direct loan" means a disbursement of funds by the
Government to a non-Federal borrower under a contract that
requires the repayment of such funds. The term includes the
purchase of, or participation in, a loan made by another lender
and financing arrangements that defer payment for more than 90
days, including the sale of a Government asset on credit terms.
The term does not include the acquisition of a federally
guaranteed loan in satisfaction of default claims.
(4) The term "direct loan obligation" means a binding agreement
by the Secretary to make a direct loan when specified conditions
are fulfilled by the borrower.
(5) The term "intermodal" means of or relating to the
connection between rail service and other modes of
transportation, including all parts of facilities at which such
connection is made.
(6) The term "loan guarantee" means any guarantee, insurance,
or other pledge with respect to the payment of all or a part of
the principal or interest on any debt obligation of a non-Federal
borrower to a non-Federal lender, but does not include the
insurance of deposits, shares, or other withdrawable accounts in
financial institutions.
(7) The term "loan guarantee commitment" means a binding
agreement by the Secretary to make a loan guarantee when
specified conditions are fulfilled by the borrower, the lender,
or any other party to the guarantee agreement.
(8) The term "modification" means any Government action that
alters the estimated cost of an outstanding direct loan (or
direct loan obligation) or an outstanding loan guarantee (or loan
guarantee commitment) from the current estimate of cash flows.
This includes the sale of loan assets, with or without recourse,
and the purchase of guaranteed loans. This also includes any
action resulting from new legislation, or from the exercise of
administrative discretion under existing law, that directly or
indirectly alters the estimated cost of outstanding direct loans
(or direct loan obligations) or loan guarantees (or loan
guarantee commitments) such as a change in collection procedures.
-SOURCE(Pub. L. 94-210, title V, Sec. 501, as added Pub. L. 105-178, title
VII, Sec. 7203(a)(1), June 9, 1998, 112 Stat. 471.)
-MISC1PRIOR PROVISIONS
A prior section 821, Pub. L. 94-210, title V, Sec. 501, Feb. 5,
1976, 90 Stat. 66; Pub. L. 95-620, title VIII, Sec. 803(c)(1), Nov.
9, 1978, 92 Stat. 3347; Pub. L. 96-101, Sec. 24(b), Nov. 4, 1979,
93 Stat. 747; Pub. L. 96-448, title IV, Sec. 405(d), Oct. 14, 1980,
94 Stat. 1947; Pub. L. 97-35, title XI, Sec. 1162(b), Aug. 13,
1981, 95 Stat. 684; Pub. L. 99-509, title IV, Sec. 4033(c)(2), Oct.
21, 1986, 100 Stat. 1908, defined terms for purposes of this
subchapter, prior to repeal by Pub. L. 105-178, title VII, Sec.
7203(a)(1), June 9, 1998, 112 Stat. 471.
SAVINGS PROVISION
Pub. L. 105-178, title VII, Sec. 7203(b)(2), June 9, 1998, 112
Stat. 477, provided that: "A transaction entered into under the
authority of title V of the Railroad Revitalization and Regulatory
Reform Act of 1976 (45 U.S.C. 821 et seq.) before the date of
enactment of this Act [June 9, 1998] shall be administered until
completion under its terms as if this Act [see Tables for
classification] were not enacted."
-End-

http://uscode.house.gov/download/pls/45C17.txt[1/3/2012 4:29:48 PM]

-CITE45 USC Sec. 822

1/07/2011 (111-383)

-EXPCITETITLE 45 - RAILROADS
CHAPTER 17 - RAILROAD REVITALIZATION AND REGULATORY REFORM
SUBCHAPTER II - RAILROAD REHABILITATION AND IMPROVEMENT FINANCING
-HEADSec. 822. Direct loans and loan guarantees
-STATUTE(a) General authority
The Secretary shall provide direct loans and loan guarantees to (1) State and local governments;
(2) interstate compacts consented to by Congress under section
410(a) of the Amtrak Reform and Accountability Act of 1997 (49
U.S.C. 24101 note);
(3) government sponsored authorities and corporations;
(4) railroads;
(5) joint ventures that include at least one railroad; and
(6) solely for the purpose of constructing a rail connection
between a plant or facility and a second rail carrier, limited
option rail freight shippers that own or operate a plant or other
facility that is served by no more than a single railroad.
(b) Eligible purposes
(1) In general
Direct loans and loan guarantees under this section shall be
used to (A) acquire, improve, or rehabilitate intermodal or rail
equipment or facilities, including track, components of track,
bridges, yards, buildings, and shops;
(B) refinance outstanding debt incurred for the purposes
described in subparagraph (A); or
(C) develop or establish new intermodal or railroad
facilities.
(2) Operating expenses not eligible
Direct loans and loan guarantees under this section shall not
be used for railroad operating expenses.
(c) Priority projects
In granting applications for direct loans or guaranteed loans
under this section, the Secretary shall give priority to projects
that (1) enhance public safety;
(2) enhance the environment;
(3) promote economic development;
(4) enable United States companies to be more competitive in
international markets;
(5) are endorsed by the plans prepared under section 135 of
title 23 by the State or States in which they are located;
(6) preserve or enhance rail or intermodal service to small
communities or rural areas;
(7) enhance service and capacity in the national rail system;
or
(8) would materially alleviate rail capacity problems which
degrade the provision of service to shippers and would fulfill a
need in the national transportation system.
(d) Extent of authority
The aggregate unpaid principal amounts of obligations under
direct loans and loan guarantees made under this section shall not
exceed $35,000,000,000 at any one time. Of this amount, not less
than $7,000,000,000 shall be available solely for projects
primarily benefiting freight railroads other than Class I carriers.
The Secretary shall not establish any limit on the proportion of
the unused amount authorized under this subsection that may be used
for 1 loan or loan guarantee.
(e) Rates of interest
(1) Direct loans
The Secretary shall require interest to be paid on a direct
loan made under this section at a rate not less than that
necessary to recover the cost of making the loan.
(2) Loan guarantees
The Secretary shall not make a loan guarantee under this
section if the interest rate for the loan exceeds that which the
Secretary determines to be reasonable, taking into consideration
the prevailing interest rates and customary fees incurred under
similar obligations in the private capital market.
(f) Infrastructure partners
(1) Authority of Secretary

http://uscode.house.gov/download/pls/45C17.txt[1/3/2012 4:29:48 PM]

In lieu of or in combination with appropriations of budget
authority to cover the costs of direct loans and loan guarantees
as required under section 661c(b)(1) of title 2, the Secretary
may accept on behalf of an applicant for assistance under this
section a commitment from a non-Federal source to fund in whole
or in part credit risk premiums with respect to the loan that is
the subject of the application. In no event shall the aggregate
of appropriations of budget authority and credit risk premiums
described in this paragraph with respect to a direct loan or loan
guarantee be less than the cost of that direct loan or loan
guarantee.
(2) Credit risk premium amount
The Secretary shall determine the amount required for credit
risk premiums under this subsection on the basis of (A) the circumstances of the applicant, including the amount
of collateral offered, if any;
(B) the proposed schedule of loan disbursements;
(C) historical data on the repayment history of similar
borrowers;
(D) consultation with the Congressional Budget Office;
(E) the size and characteristics of the cohort of which the
loan or loan guarantee is a member; and
(F) any other factors the Secretary considers relevant.
(3) Payment of premiums
Credit risk premiums under this subsection shall be paid to the
Secretary before the disbursement of loan amounts.
(4) Cohorts of loans
In order to maintain sufficient balances of credit risk
premiums to adequately protect the Federal Government from risk
of default, while minimizing the length of time the Government
retains possession of those balances, the Secretary shall
establish cohorts of loans. When all obligations attached to a
cohort of loans have been satisfied, credit risk premiums paid
for the cohort, and interest accrued thereon, which were not used
to mitigate losses shall be returned to the original source on a
pro rata basis. A cohort may include loans and loan guarantees.
The Secretary shall not establish any limit on the proportion of
a cohort that may be used for 1 loan or loan guarantee.
(g) Prerequisites for assistance
The Secretary shall not make a direct loan or loan guarantee
under this section unless the Secretary has made a finding in
writing that (1) repayment of the obligation is required to be made within a
term of not more than 35 years from the date of its execution;
(2) the direct loan or loan guarantee is justified by the
present and probable future demand for rail services or
intermodal facilities;
(3) the applicant has given reasonable assurances that the
facilities or equipment to be acquired, rehabilitated, improved,
developed, or established with the proceeds of the obligation
will be economically and efficiently utilized;
(4) the obligation can reasonably be repaid, using an
appropriate combination of credit risk premiums and collateral
offered by the applicant to protect the Federal Government; and
(5) the purposes of the direct loan or loan guarantee are
consistent with subsection (b) of this section.
(h) Conditions of assistance
(1) The Secretary shall, before granting assistance under this
section, require the applicant to agree to such terms and
conditions as are sufficient, in the judgment of the Secretary, to
ensure that, as long as any principal or interest is due and
payable on such obligation, the applicant, and any railroad or
railroad partner for whose benefit the assistance is intended (A) will not use any funds or assets from railroad or
intermodal operations for purposes not related to such
operations, if such use would impair the ability of the
applicant, railroad, or railroad partner to provide rail or
intermodal services in an efficient and economic manner, or would
adversely affect the ability of the applicant, railroad, or
railroad partner to perform any obligation entered into by the
applicant under this section;
(B) will, consistent with its capital resources, maintain its
capital program, equipment, facilities, and operations on a
continuing basis; and
(C) will not make any discretionary dividend payments that
unreasonably conflict with the purposes stated in subsection (b)
of this section.
(2) The Secretary shall not require an applicant for a direct
loan or loan guarantee under this section to provide collateral.
Any collateral provided or thereafter enhanced shall be valued as a

http://uscode.house.gov/download/pls/45C17.txt[1/3/2012 4:29:48 PM]

going concern after giving effect to the present value of
improvements contemplated by the completion and operation of the
project. The Secretary shall not require that an applicant for a
direct loan or loan guarantee under this section have previously
sought the financial assistance requested from another source.
(3) The Secretary shall require recipients of direct loans or
loan guarantees under this section to comply with (A) the standards of section 24312 of title 49, as in effect on
September 1, 2002, with respect to the project in the same manner
that the National Railroad Passenger Corporation is required to
comply with such standards for construction work financed under
an agreement made under section 24308(a) of that title; and
(B) the protective arrangements established under section 836
of this title, with respect to employees affected by actions
taken in connection with the project to be financed by the loan
or loan guarantee.
(i) Time limit for approval or disapproval
Not later than 90 days after receiving a complete application for
a direct loan or loan guarantee under this section, the Secretary
shall approve or disapprove the application.
(j) Repayment schedules
(1) In general
The Secretary shall establish a repayment schedule requiring
payments to commence not later than the sixth anniversary date of
the original loan disbursement.
(2) Accrual
Interest shall accrue as of the date of disbursement, and shall
be amortized over the remaining term of the loan beginning at the
time the payments begin.
-SOURCE(Pub. L. 94-210, title V, Sec. 502, as added Pub. L. 105-178, title
VII, Sec. 7203(a)(1), June 9, 1998, 112 Stat. 473; amended Pub. L.
109-59, title IX, Sec. 9003(b)-(g), Aug. 10, 2005, 119 Stat. 19211923; Pub. L. 110-432, div. A, title VII, Sec. 701(e), Oct. 16,
2008, 122 Stat. 4906.)
-REFTEXTREFERENCES IN TEXT
Section 410(a) of the Amtrak Reform and Accountability Act of
1997, referred to in subsec. (a)(2), is section 410(a) of Pub. L.
105-134, which is set out as a note under section 24101 of Title
49, Transportation.
-MISC1PRIOR PROVISIONS
A prior section 822, Pub. L. 94-210, title V, Sec. 502, Feb. 5,
1976, 90 Stat. 67; Pub. L. 95-620, title VIII, Sec. 803(c)(2)-(4),
Nov. 9, 1978, 92 Stat. 3347, related to the Rail Fund, prior to
repeal by Pub. L. 105-178, title VII, Sec. 7203(a)(1), June 9,
1998, 112 Stat. 471.
AMENDMENTS
2008 - Subsec. (g)(1). Pub. L. 110-432 substituted "35 years" for
"25 years".
2005 - Subsec. (a). Pub. L. 109-59, Sec. 9003(b), reenacted
heading without change and amended text of subsec. (a) generally.
Prior to amendment, text read as follows: "The Secretary may
provide direct loans and loan guarantees to State and local
governments, government sponsored authorities and corporations,
railroads, and joint ventures that include at least 1 railroad."
Subsec. (c)(7), (8). Pub. L. 109-59, Sec. 9003(c), added pars.
(7) and (8).
Subsec. (d). Pub. L. 109-59, Sec. 9003(d), substituted
"$35,000,000,000" for "$3,500,000,000" and "$7,000,000,000" for
"$1,000,000,000" and inserted at end "The Secretary shall not
establish any limit on the proportion of the unused amount
authorized under this subsection that may be used for 1 loan or
loan guarantee."
Subsec. (f)(2)(A). Pub. L. 109-59, Sec. 9003(f)(2), substituted
"amount of collateral offered, if any;" for "amount of collateral
offered;".
Subsec. (f)(2)(E), (F). Pub. L. 109-59, Sec. 9003(e)(1)-(3),
added subpar. (E) and redesignated former subpar. (E) as (F).
Subsec. (f)(4). Pub. L. 109-59, Sec. 9003(e)(4), inserted at end
"A cohort may include loans and loan guarantees. The Secretary
shall not establish any limit on the proportion of a cohort that
may be used for 1 loan or loan guarantee."
Subsec. (h). Pub. L. 109-59, Sec. 9003(f)(1), designated existing
provisions as par. (1), redesignated former pars. (1) to (3) as

http://uscode.house.gov/download/pls/45C17.txt[1/3/2012 4:29:48 PM]

subpars. (A) to (C) of par. (1), respectively, and added pars. (2)
and (3).
Subsecs. (i), (j). Pub. L. 109-59, Sec. 9003(g), added subsecs.
(i) and (j).
SUBSTANTIVE CRITERIA AND STANDARDS
Pub. L. 109-59, title IX, Sec. 9003(j), Aug. 10, 2005, 119 Stat.
1923, provided that: "Not later than 30 days after the date of
enactment of this Act [Aug. 10, 2005], the Secretary of
Transportation shall publish in the Federal Register and post on
the Department of Transportation Web site the substantive criteria
and standards used by the Secretary to determine whether to approve
or disapprove applications submitted under section 502 of the
Railroad Revitalization and Regulatory Reform Act of 1976 (45
U.S.C. 822). The Secretary of Transportation shall ensure adequate
procedures and guidelines are in place to permit the filing of
complete applications within 30 days of such publication."
-End-

-CITE45 USC Sec. 823

1/07/2011 (111-383)

-EXPCITETITLE 45 - RAILROADS
CHAPTER 17 - RAILROAD REVITALIZATION AND REGULATORY REFORM
SUBCHAPTER II - RAILROAD REHABILITATION AND IMPROVEMENT FINANCING
-HEADSec. 823. Administration of direct loans and loan guarantees
-STATUTE(a) Applications
The Secretary shall prescribe the form and contents required of
applications for assistance under section 822 of this title, to
enable the Secretary to determine the eligibility of the
applicant's proposal, and shall establish terms and conditions for
direct loans and loan guarantees made under that section.
(b) (!1) Full faith and credit
All guarantees entered into by the Secretary under section 822 of
this title shall constitute general obligations of the United
States of America backed by the full faith and credit of the United
States of America.
(b) (!1) Assignment of loan guarantees
The holder of a loan guarantee made under section 822 of this
title may assign the loan guarantee in whole or in part, subject to
such requirements as the Secretary may prescribe.
(c) Modifications
The Secretary may approve the modification of any term or
condition of a direct loan, loan guarantee, direct loan obligation,
or loan guarantee commitment, including the rate of interest, time
of payment of interest or principal, or security requirements, if
the Secretary finds in writing that (1) the modification is equitable and is in the overall best
interests of the United States; and
(2) consent has been obtained from the applicant and, in the
case of a loan guarantee or loan guarantee commitment, the holder
of the obligation.
(d) Compliance
The Secretary shall assure compliance, by an applicant, any other
party to the loan, and any railroad or railroad partner for whose
benefit assistance is intended, with the provisions of this
subchapter, regulations issued hereunder, and the terms and
conditions of the direct loan or loan guarantee, including through
regular periodic inspections.
(e) Commercial validity
For purposes of claims by any party other than the Secretary, a
loan guarantee or loan guarantee commitment shall be conclusive
evidence that the underlying obligation is in compliance with the
provisions of this subchapter, and that such obligation has been
approved and is legal as to principal, interest, and other terms.
Such a guarantee or commitment shall be valid and incontestable in
the hands of a holder thereof, including the original lender or any
other holder, as of the date when the Secretary granted the
application therefor, except as to fraud or material
misrepresentation by such holder.
(f) Default
The Secretary shall prescribe regulations setting forth

http://uscode.house.gov/download/pls/45C17.txt[1/3/2012 4:29:48 PM]

procedures in the event of default on a loan made or guaranteed
under section 822 of this title. The Secretary shall ensure that
each loan guarantee made under that section contains terms and
conditions that provide that (1) if a payment of principal or interest under the loan is in
default for more than 30 days, the Secretary shall pay to the
holder of the obligation, or the holder's agent, the amount of
unpaid guaranteed interest;
(2) if the default has continued for more than 90 days, the
Secretary shall pay to the holder of the obligation, or the
holder's agent, 90 percent of the unpaid guaranteed principal;
(3) after final resolution of the default, through liquidation
or otherwise, the Secretary shall pay to the holder of the
obligation, or the holder's agent, any remaining amounts
guaranteed but which were not recovered through the default's
resolution;
(4) the Secretary shall not be required to make any payment
under paragraphs (1) through (3) if the Secretary finds, before
the expiration of the periods described in such paragraphs, that
the default has been remedied; and
(5) the holder of the obligation shall not receive payment or
be entitled to retain payment in a total amount which, together
with all other recoveries (including any recovery based upon a
security interest in equipment or facilities) exceeds the actual
loss of such holder.
(g) Rights of the Secretary
(1) Subrogation
If the Secretary makes payment to a holder, or a holder's
agent, under subsection (g) of this section in connection with a
loan guarantee made under section 822 of this title, the
Secretary shall be subrogated to all of the rights of the holder
with respect to the obligor under the loan.
(2) Disposition of property
The Secretary may complete, recondition, reconstruct, renovate,
repair, maintain, operate, charter, rent, sell, or otherwise
dispose of any property or other interests obtained pursuant to
this section. The Secretary shall not be subject to any Federal
or State regulatory requirements when carrying out this
paragraph.
(h) Action against obligor
The Secretary may bring a civil action in an appropriate Federal
court in the name of the United States in the event of a default on
a direct loan made under section 822 of this title, or in the name
of the United States or of the holder of the obligation in the
event of a default on a loan guaranteed under section 822 of this
title. The holder of a guarantee shall make available to the
Secretary all records and evidence necessary to prosecute the civil
action. The Secretary may accept property in full or partial
satisfaction of any sums owed as a result of a default. If the
Secretary receives, through the sale or other disposition of such
property, an amount greater than the aggregate of (1) the amount paid to the holder of a guarantee under
subsection (g) of this section; and
(2) any other cost to the United States of remedying the
default,
the Secretary shall pay such excess to the obligor.
(i) Breach of conditions
The Attorney General shall commence a civil action in an
appropriate Federal court to enjoin any activity which the
Secretary finds is in violation of this subchapter, regulations
issued hereunder, or any conditions which were duly agreed to, and
to secure any other appropriate relief.
(j) Attachment
No attachment or execution may be issued against the Secretary,
or any property in the control of the Secretary, prior to the entry
of final judgment to such effect in any State, Federal, or other
court.
(k) Evaluation charge
The Secretary may charge and collect from each applicant a
reasonable charge for the cost of evaluating the application,
including appraisal of the value of the equipment or facilities for
which the direct loan or loan guarantee is sought, and for making
necessary determinations and findings. Such charge shall not
aggregate more than one-half of 1 percent of the principal amount
of the obligation. Amounts collected under this subsection shall be
credited directly to the Safety and Operations account of the
Federal Railroad Administration, and shall remain available until
expended to pay for the evaluation costs described in this
subsection.
(l) Fees and charges

http://uscode.house.gov/download/pls/45C17.txt[1/3/2012 4:29:48 PM]

Except as provided in this subchapter, the Secretary may not
assess any fees, including user fees, or charges in connection with
a direct loan or loan guarantee provided under section 822 of this
title.
-SOURCE(Pub. L. 94-210, title V, Sec. 503, as added and amended Pub. L.
105-178, title VII, Sec. 7203(a)(1), (4), June 9, 1998, 112 Stat.
475, 477; Pub. L. 109-59, title IX, Sec. 9003(h), (i), Aug. 10,
2005, 119 Stat. 1923.)
-CODCODIFICATION
The text of section 831(c) of this title, which was transferred
to subsec. (b) of this section, relating to full faith and credit
backing of guarantees entered into by Secretary, by Pub. L. 105178, title VII, Sec. 7203(a)(4), June 9, 1998, 112 Stat. 477, was
based on Pub. L. 94-210, title V, Sec. 511, Feb. 5, 1976, 90 Stat.
76; Pub. L. 94-555, title II, Sec. 215(a), Oct. 19, 1976, 90 Stat.
2625; Pub. L. 105-178, title VII, Sec. 7203(a)(2), (3), June 9,
1998, 112 Stat. 477.
-MISC1PRIOR PROVISIONS
A prior section 823, Pub. L. 94-210, title V, Sec. 503, Feb. 5,
1976, 90 Stat. 69; Pub. L. 94-555, title II, Sec. 216(b), Oct. 19,
1976, 90 Stat. 2627, related to classification and designation of
rail lines, prior to repeal by Pub. L. 105-178, title VII, Sec.
7203(a)(1), June 9, 1998, 112 Stat. 471.
AMENDMENTS
2005 - Subsec. (k). Pub. L. 109-59, Sec. 9003(h), in heading,
substituted "Evaluation" for "Investigation" and, in text, inserted
"the cost of evaluating the application, including" after
"reasonable charge for" and inserted at end "Amounts collected
under this subsection shall be credited directly to the Safety and
Operations account of the Federal Railroad Administration, and
shall remain available until expended to pay for the evaluation
costs described in this subsection."
Subsec. (l). Pub. L. 109-59, Sec. 9003(i), added subsec. (l).
1998 - Subsec. (b). Pub. L. 105-178, Sec. 7203(a)(4),
redesignated subsec. (c) of section 831 of this title as subsec.
(b) of this section, relating to full faith and credit backing of
guarantees entered into by Secretary. See Codification note above.
-FOOTNOTE(!1) So in original. There are two subsections designated (b).
-End-

-CITE45 USC Secs. 824, 825

1/07/2011 (111-383)

-EXPCITETITLE 45 - RAILROADS
CHAPTER 17 - RAILROAD REVITALIZATION AND REGULATORY REFORM
SUBCHAPTER II - RAILROAD REHABILITATION AND IMPROVEMENT FINANCING
-HEADSecs. 824, 825. Repealed.
-MISC1Secs. 824, 825. Repealed. Pub. L. 105-178, title VII, Sec.
7203(a)(1), (2), June 9, 1998, 112 Stat. 471, 477.
Section 824, Pub. L. 94-210, title V, Sec. 504, Feb. 5, 1976, 90
Stat. 70; Pub. L. 94-555, title II, Secs. 216(c), 220(d), Oct. 19,
1976, 90 Stat. 2627, 2629, related to capital needs study to be
submitted to Secretary.
Section 825, Pub. L. 94-210, title V, Sec. 505, Feb. 5, 1976, 90
Stat. 71; Pub. L. 94-555, title II, Secs. 212, 216(a), Oct. 19,
1976, 90 Stat. 2624, 2626; Pub. L. 95-565, Sec. 5, Nov. 1, 1978, 92
Stat. 2400; Pub. L. 95-607, title III, Secs. 301(a), 302, Nov. 8,
1978, 92 Stat. 3066; Pub. L. 95-620, title VIII, Sec. 803(c)(5),
(6), Nov. 9, 1978, 92 Stat. 3347, 3348; Pub. L. 96-73, title IV,
Sec. 401, Sept. 29, 1979, 93 Stat. 557; Pub. L. 96-101, Secs. 16,
24(a), Nov. 4, 1979, 93 Stat. 744, 747; Pub. L. 96-254, title I,
Sec. 112, May 30, 1980, 94 Stat. 404; Pub. L. 96-448, title IV,

http://uscode.house.gov/download/pls/45C17.txt[1/3/2012 4:29:48 PM]

Secs. 404, 405(a)(1), (c)(1), (2), (4), (5), 406, title VII, Sec.
701(d), Oct. 14, 1980, 94 Stat. 1945-1947, 1961; Pub. L. 97-35,
title XI, Sec. 1162(a), (c), (d), Aug. 13, 1981, 95 Stat. 683, 684;
Pub. L. 97-468, title IV, Secs. 401, 403(b), Jan. 14, 1983, 96
Stat. 2550, 2551; Pub. L. 99-509, title IV, Sec. 4033(c)(3), Oct.
21, 1986, 100 Stat. 1908; Pub. L. 104-88, title III, Sec. 330(2),
Dec. 29, 1995, 109 Stat. 953, related to rehabilitation and
improvement financing.
-End-

-CITE45 USC Sec. 825a

1/07/2011 (111-383)

-EXPCITETITLE 45 - RAILROADS
CHAPTER 17 - RAILROAD REVITALIZATION AND REGULATORY REFORM
SUBCHAPTER II - RAILROAD REHABILITATION AND IMPROVEMENT FINANCING
-HEADSec. 825a. Repealed.
-MISC1Sec. 825a. Repealed. Pub. L. 99-509, title IV, Sec. 4033(c)(6),
Oct. 21, 1986, 100 Stat. 1909.
Section, Pub. L. 97-468, title IV, Sec. 402, Jan. 14, 1983, 96
Stat. 2550, provided for financial assistance to responsible
persons for purchase, lease, or rehabilitation of rail lines of
Consolidated Rail Corporation.
-End-

-CITE45 USC Secs. 826 to 830

1/07/2011 (111-383)

-EXPCITETITLE 45 - RAILROADS
CHAPTER 17 - RAILROAD REVITALIZATION AND REGULATORY REFORM
SUBCHAPTER II - RAILROAD REHABILITATION AND IMPROVEMENT FINANCING
-HEADSecs. 826 to 830. Repealed.
-MISC1Secs. 826 to 830. Repealed. Pub. L. 105-178, title VII, Sec.
7203(a)(2), June 9, 1998, 112 Stat. 477.
Section 826, Pub. L. 94-210, title V, Sec. 506, Feb. 5, 1976, 90
Stat. 73; Pub. L. 94-555, title II, Secs. 213, 214, Oct. 19, 1976,
90 Stat. 2624, 2625; Pub. L. 96-448, title IV, Sec. 405(c)(3)(A),
(C), Oct. 14, 1980, 94 Stat. 1946, 1947, related to redeemable
preference shares.
Section 827, Pub. L. 94-210, title V, Sec. 507, Feb. 5, 1976, 90
Stat. 74; Pub. L. 95-607, title III, Sec. 301(b), Nov. 8, 1978, 92
Stat. 3066; Pub. L. 96-73, title IV, Sec. 401, Sept. 29, 1979, 93
Stat. 557; Pub. L. 96-448, title IV, Secs. 404, 405(a)(2),
(c)(3)(B), Oct. 14, 1980, 94 Stat. 1945, 1946; Pub. L. 97-468,
title IV, Sec. 401, Jan. 14, 1983, 96 Stat. 2550, related to fund
anticipation notes.
Section 828, Pub. L. 94-210, title V, Sec. 508, Feb. 5, 1976, 90
Stat. 74, related to fund bonds.
Section 829, Pub. L. 94-210, title V, Sec. 509, Feb. 5, 1976, 90
Stat. 76; Pub. L. 94-555, title II, Sec. 216(d), Oct. 19, 1976, 90
Stat. 2627; Pub. L. 95-607, title III, Sec. 301(c), Nov. 8, 1978,
92 Stat. 3066; Pub. L. 96-73, title IV, Sec. 401, Sept. 29, 1979,
93 Stat. 557; Pub. L. 96-448, title IV, Secs. 404, 405(a)(2),
(b)(1), Oct. 14, 1980, 94 Stat. 1945; Pub. L. 97-35, title XI, Sec.
1162(e), (f), Aug. 13, 1981, 95 Stat. 684, 685; Pub. L. 97-468,
title IV, Secs. 401, 403(a), Jan. 14, 1983, 96 Stat. 2550, 2551;
Pub. L. 99-509, title IV, Sec. 4033(c)(4), Oct. 21, 1986, 100 Stat.
1909; Pub. L. 104-88, title III, Sec. 330(3), Dec. 29, 1995, 109
Stat. 953, related to authorization of appropriations, purchases,
transfer of funds, and restrictions.
Section 830, Pub. L. 94-210, title V, Sec. 510, Feb. 5, 1976, 90
Stat. 76; Pub. L. 104-88, title III, Sec. 330(4), Dec. 29, 1995,
109 Stat. 953, related to exemption of redeemable preference shares
from certain Federal and State securities provisions.

http://uscode.house.gov/download/pls/45C17.txt[1/3/2012 4:29:48 PM]

-End-

-CITE45 USC Sec. 831

1/07/2011 (111-383)

-EXPCITETITLE 45 - RAILROADS
CHAPTER 17 - RAILROAD REVITALIZATION AND REGULATORY REFORM
SUBCHAPTER II - RAILROAD REHABILITATION AND IMPROVEMENT FINANCING
-HEADSec. 831. Transferred
-CODCODIFICATION
Section, Pub. L. 94-210, title V, Sec. 511, Feb. 5, 1976, 90
Stat. 76; Pub. L. 94-555, title II, Secs. 215, 220(e), (f), Oct.
19, 1976, 90 Stat. 2625, 2629, 2630; Pub. L. 96-448, title IV, Sec.
405(e), Oct. 14, 1980, 94 Stat. 1947; Pub. L. 99-509, title IV,
Sec. 4033(c)(5), Oct. 21, 1986, 100 Stat. 1909; Pub. L. 102-240,
title I, Sec. 1036(e), Dec. 18, 1991, 105 Stat. 1986, which related
to guarantee of obligations, was repealed, except for subsec. (c),
by Pub. L. 105-178, title VII, Sec. 7203(a)(2), June 9, 1998, 112
Stat. 477. Subsec. (c) of section 831 was amended, redesignated,
and transferred to section 823(b) of this title by Pub. L. 105-178,
title VII, Sec. 7203(a)(3), (4), June 9, 1998, 112 Stat. 477.
-End-

-CITE45 USC Secs. 832 to 834

1/07/2011 (111-383)

-EXPCITETITLE 45 - RAILROADS
CHAPTER 17 - RAILROAD REVITALIZATION AND REGULATORY REFORM
SUBCHAPTER II - RAILROAD REHABILITATION AND IMPROVEMENT FINANCING
-HEADSecs. 832 to 834. Repealed.
-MISC1Secs. 832 to 834. Repealed. Pub. L. 105-178, title VII, Sec.
7203(a)(2), June 9, 1998, 112 Stat. 477.
Section 832, Pub. L. 94-210, title V, Sec. 512, Feb. 5, 1976, 90
Stat. 79, related to issuance of notes or obligations.
Section 833, Pub. L. 94-210, title V, Sec. 513, Feb. 5, 1976, 90
Stat. 80, related to default on guaranteed obligations.
Section 834, Pub. L. 94-210, title V, Sec. 514, Feb. 5, 1976, 90
Stat. 81, related to audit of transactions.
-End-

-CITE45 USC Sec. 835

1/07/2011 (111-383)

-EXPCITETITLE 45 - RAILROADS
CHAPTER 17 - RAILROAD REVITALIZATION AND REGULATORY REFORM
SUBCHAPTER II - RAILROAD REHABILITATION AND IMPROVEMENT FINANCING
-HEADSec. 835. Repealed.
-MISC1Sec. 835. Repealed. Pub. L. 97-375, title I, Sec. 111(d), Dec. 21,
1982, 96 Stat. 1821; Pub. L. 105-178, title VII, Sec. 7203(a)(2),
June 9, 1998, 112 Stat. 477.
Section, Pub. L. 94-210, title V, Sec. 515, Feb. 5, 1976, 90
Stat. 82, directed Secretary to report to Congress within 90 days
following end of each fiscal year on financial condition and
operations of Fund and of obligation guarantee fund during such
fiscal year, and on anticipated condition and operations of Fund
and of obligation guarantee fund during current fiscal year.
-End-

http://uscode.house.gov/download/pls/45C17.txt[1/3/2012 4:29:48 PM]

-CITE45 USC Sec. 836

1/07/2011 (111-383)

-EXPCITETITLE 45 - RAILROADS
CHAPTER 17 - RAILROAD REVITALIZATION AND REGULATORY REFORM
SUBCHAPTER II - RAILROAD REHABILITATION AND IMPROVEMENT FINANCING
-HEADSec. 836. Employee protection
-STATUTE(a) General
Fair and equitable arrangements shall be provided, in accordance
with this section, to protect the interests of any employees not
otherwise protected under title V of the Regional Rail
Reorganization Act of 1973 (45 U.S.C. 771 et seq.), who may be
affected by actions taken pursuant to authorizations or approval
obtained under this subchapter. Such arrangements shall be
determined by the execution of an agreement between the
representatives of the railroads and the representatives of their
employees, within 120 days after February 5, 1976. In the absence
of such an executed agreement, the Secretary of Labor shall
prescribe the applicable protective arrangements, within 150 days
after February 5, 1976.
(b) Terms
The arrangements required by subsection (a) of this section shall
apply to each employee who has an employment relationship with a
railroad on the date on which such railroad first applies for
applicable financial assistance under this subchapter. Such
arrangements shall include such provisions as may be necessary for
the negotiation and execution of agreements as to the manner in
which the protective arrangements shall be applied, including
notice requirements. Such agreements shall be executed prior to
implementation of work funded from financial assistance under this
subchapter. If such an agreement is not reached within 30 days
after the date on which an application for such assistance is
approved, either party to the dispute may submit the issue for
final and binding arbitration. The decision on any such arbitration
shall be rendered within 30 days after such submission. Such
arbitration decision shall in no way modify the protection afforded
in the protective arrangements established pursuant to this
section, shall be final and binding on the parties thereto, and
shall become a part of the agreement. Such arrangements shall also
include such provisions as may be necessary (1) for the preservation of compensation (including subsequent
general wage increases, vacation allowances, and monthly
compensation guarantees), rights, privileges, and benefits
(including fringe benefits such as pensions, hospitalization, and
vacations, under the same conditions and so long as such benefits
continue to be accorded to other employees of the employing
railroad in active service or on furlough, as the case may be) to
such employees under existing collective-bargaining agreements or
otherwise;
(2) to provide for final and binding arbitration of any dispute
which cannot be settled by the parties, with respect to the
interpretation, application, or enforcement of the provisions of
the protective arrangements;
(3) to provide that an employee who is unable to secure
employment by the exercise of his or her seniority rights, as a
result of actions taken with financial assistance obtained under
this subchapter, shall be offered reassignment and, where
necessary, retraining to fill a position comparable to the
position held at the time of such adverse effect and for which he
is, or by training and retraining can become, physically and
mentally qualified, so long as such offer is not in contravention
of collective bargaining agreements relating thereto; and
(4) to provide that the protection afforded pursuant to this
section shall not be applicable to employees benefited solely as
a result of the work which is financed by funds provided pursuant
to this subchapter.
(c) Subcontracting
The arrangements which are required to be negotiated by the
parties or prescribed by the Secretary of Labor, pursuant to
subsections (a) and (b) of this section, shall include provisions
regulating subcontracting by the railroads of work which is
financed by funds provided pursuant to this subchapter.

http://uscode.house.gov/download/pls/45C17.txt[1/3/2012 4:29:48 PM]

-SOURCE(Pub. L. 94-210, title V, Sec. 504, formerly Sec. 516, Feb. 5,
1976, 90 Stat. 82; renumbered Sec. 504, Pub. L. 105-178, title VII,
Sec. 7203(a)(5), June 9, 1998, 112 Stat. 477.)
-REFTEXTREFERENCES IN TEXT
The Regional Rail Reorganization Act of 1973, referred to in
subsec. (a), is Pub. L. 93-236, Jan. 2, 1974, 87 Stat. 985, as
amended. Title V of the Regional Rail Reorganization Act of 1973,
which was classified generally to subchapter V (Sec. 771 et seq.)
of chapter 16 of this title, was repealed by Pub. L. 97-35, title
XI, Sec. 1144(a)(1), Aug. 13, 1981, 95 Stat. 669. For complete
classification of this Act to the Code, see Short Title note set
out under section 701 of this title and Tables.
-MISC1PRIOR PROVISIONS
A prior section 504 of Pub. L. 94-210 was classified to section
824 of this title prior to repeal by Pub. L. 105-178.
-End-

-CITE45 USC Secs. 837, 838

1/07/2011 (111-383)

-EXPCITETITLE 45 - RAILROADS
CHAPTER 17 - RAILROAD REVITALIZATION AND REGULATORY REFORM
SUBCHAPTER II - RAILROAD REHABILITATION AND IMPROVEMENT FINANCING
-HEADSecs. 837, 838. Repealed.
-MISC1Secs. 837, 838. Repealed. Pub. L. 105-178, title VII, Sec.
7203(a)(2), June 9, 1998, 112 Stat. 477.
Section 837, Pub. L. 94-210, title V, Sec. 517, Feb. 5, 1976, 90
Stat. 83, related to intercity rail passenger service.
Section 838, Pub. L. 94-210, title V, Sec. 518, as added Pub. L.
102-533, Sec. 12(a), Oct. 27, 1992, 106 Stat. 3521, related to
Columbus and Greenville Railway.
-End-CITE45 USC SUBCHAPTER III - NORTHEAST CORRIDOR PROJECT
IMPLEMENTATION

1/07/2011 (111-383)

-EXPCITETITLE 45 - RAILROADS
CHAPTER 17 - RAILROAD REVITALIZATION AND REGULATORY REFORM
SUBCHAPTER III - NORTHEAST CORRIDOR PROJECT IMPLEMENTATION
-HEADSUBCHAPTER III - NORTHEAST CORRIDOR PROJECT IMPLEMENTATION
-End-

-CITE45 USC Sec. 851

1/07/2011 (111-383)

-EXPCITETITLE 45 - RAILROADS
CHAPTER 17 - RAILROAD REVITALIZATION AND REGULATORY REFORM
SUBCHAPTER III - NORTHEAST CORRIDOR PROJECT IMPLEMENTATION
-HEADSec. 851. Repealed.
-MISC1Sec. 851. Repealed. Pub. L. 103-272, Sec. 7(b), July 5, 1994, 108
Stat. 1379.
Section, Pub. L. 94-210, title VII, Sec. 701, Feb. 5, 1976, 90
Stat. 119; Pub. L. 96-254, title II, Sec. 205, May 30, 1980, 94

http://uscode.house.gov/download/pls/45C17.txt[1/3/2012 4:29:48 PM]

Stat. 412, specified powers and duties of National Railroad
Passenger Corporation with respect to implementing the Northeast
Corridor improvement project. See sections 24102, 24305, 24315,
24902, and 24904 of Title 49, Transportation.
-End-

-CITE45 USC Sec. 852

1/07/2011 (111-383)

-EXPCITETITLE 45 - RAILROADS
CHAPTER 17 - RAILROAD REVITALIZATION AND REGULATORY REFORM
SUBCHAPTER III - NORTHEAST CORRIDOR PROJECT IMPLEMENTATION
-HEADSec. 852. Repealed.
-MISC1Sec. 852. Repealed. Pub. L. 97-35, title XI, Sec. 1188(e), Aug. 13,
1981, 95 Stat. 699.
Section, Pub. L. 94-210, title VII, Sec. 702, Feb. 5, 1976, 90
Stat. 120, set forth provisions relating to the Operations Review
Panel.
EFFECTIVE DATE OF REPEAL
Repeal effective Oct. 1, 1981, see section 1189 of Pub. L. 97-35.
-End-

-CITE45 USC Secs. 853 to 855

1/07/2011 (111-383)

-EXPCITETITLE 45 - RAILROADS
CHAPTER 17 - RAILROAD REVITALIZATION AND REGULATORY REFORM
SUBCHAPTER III - NORTHEAST CORRIDOR PROJECT IMPLEMENTATION
-HEADSecs. 853 to 855. Repealed.
-MISC1Secs. 853 to 855. Repealed. Pub. L. 103-272, Sec. 7(b), July 5,
1994, 108 Stat. 1379.
Section 853, Pub. L. 94-210, title VII, Sec. 703, Feb. 5, 1976,
90 Stat. 121; Pub. L. 95-421, Secs. 5, 8, Oct. 5, 1978, 92 Stat.
926, 927; Pub. L. 96-254, title II, Secs. 202, 203, 209, May 30,
1980, 94 Stat. 410, 414; Pub. L. 97-468, title III, Sec. 301(1),
Jan. 14, 1983, 96 Stat. 2547; Pub. L. 99-272, title IV, Sec.
4007(d), Apr. 7, 1986, 100 Stat. 108, enumerated goals of Northeast
Corridor improvement project. See section 24902 of Title 49,
Transportation.
Section 854, Pub. L. 94-210, title VII, Sec. 704, Feb. 5, 1976,
90 Stat. 122; Pub. L. 94-555, title II, Sec. 217, Oct. 19, 1976, 90
Stat. 2627; Pub. L. 95-421, Sec. 9, Oct. 5, 1978, 92 Stat. 928;
Pub. L. 96-254, title II, Secs. 204(a), (b), 210, May 30, 1980, 94
Stat. 411, 414; Pub. L. 97-35, title XI, Sec. 1193, Aug. 13, 1981,
95 Stat. 701; Pub. L. 97-468, title III, Sec. 301(2)-(4), Jan. 14,
1983, 96 Stat. 2548, 2549; Pub. L. 100-342, Sec. 6, June 22, 1988,
102 Stat. 627, related to funding of Northeast Corridor improvement
project. See sections 24104, 24902, 24904, 24907, and 24909 of
Title 49.
Section 855, Pub. L. 94-210, title VII, Sec. 705, as added Pub.
L. 96-254, title II, Sec. 206(a), May 30, 1980, 94 Stat. 412;
amended Pub. L. 97-468, title III, Sec. 301(5), Jan. 14, 1983, 96
Stat. 2550, related to transfers of authority with respect to track
improvements and implementation of Northeast Corridor improvement
project goals. See sections 24902, 24904, and 24909 of Title 49.
-End-

-CITE45 USC Sec. 856
-EXPCITE-

http://uscode.house.gov/download/pls/45C17.txt[1/3/2012 4:29:48 PM]

1/07/2011 (111-383)

TITLE 45 - RAILROADS
CHAPTER 17 - RAILROAD REVITALIZATION AND REGULATORY REFORM
SUBCHAPTER III - NORTHEAST CORRIDOR PROJECT IMPLEMENTATION
-HEADSec. 856. Repealed.
-MISC1Sec. 856. Repealed. Pub. L. 103-429, Sec. 7(a)(1), Oct. 31, 1994,
108 Stat. 4388.
Section, Pub. L. 94-210, title VII, Sec. 708, as added Pub. L.
102-533, Sec. 4(a), Oct. 27, 1992, 106 Stat. 3516, directed
Secretary to develop and report to Congress within one year after
Oct. 27, 1992, on a program master plan for improvements in
passenger service between Boston and New York. See section 24903 of
Title 49, Transportation.
EFFECTIVE DATE OF REPEAL
Section 7(a)(1) of Pub. L. 103-429 provided that the repeal by
that section is effective July 5, 1994.
-End-

http://uscode.house.gov/download/pls/45C17.txt[1/3/2012 4:29:48 PM]


File Typeapplication/pdf
File Titlehttp://uscode.house.gov/download/pls/45C17.txt
File Modified2012-01-03
File Created2012-01-03

© 2024 OMB.report | Privacy Policy