-CITE-
    45 USC TITLE 45 - RAILROADS                                 01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    
-HEAD-    
                           TITLE 45 - RAILROADS                       


-MISC1-
                                                                
    Chap.                                                            Sec.
    1.      Safety Appliances and Equipment on Railroad Engines
             and Cars, and Protection of Employees and Travelers
             [Repealed, See Chapters 203 to 209 and 213 of Title
             49]                                                       1
    2.      Liability for Injuries to Employees                       51
    3.      Hours of Service of Employees [Repealed, See
             Chapters 211 and 213 of Title 49]                        61
    4.      Care of Animals in Transit [Repealed, See Chapter 39
             of Title 46 and Section 80502 of Title 49]               71
    5.      Government-Aided Railroads [Repealed or Transferred]      81
    6.      Mediation, Conciliation, and Arbitration in
             Controversies Between Carriers and Employees
             [Repealed]                                              101
    7.      Adjustment Boards and Labor Boards [Repealed]            131
    8.      Railway Labor                                            151
    9.      Retirement of Railroad Employees                         201
    10.     Tax on Carriers and Employees [Repealed or Omitted]      241
    11.     Railroad Unemployment Insurance                          351
    12.     Temporary Railroad Unemployment Insurance Program        401
    13.     Railroad Safety [Repealed, See Chapters 201 and 213
             of Title 49]                                            421
    14.     Rail Passenger Service [Repealed, See Chapters 241
             to 247 of Title 49]                                     501
    15.     Emergency Rail Services                                  661
    16.     Regional Rail Reorganization                             701
    17.     Railroad Revitalization and Regulatory Reform            801
    18.     Milwaukee Railroad Restructuring                         901
    19.     Rock Island Railroad Employee Assistance                1001
    20.     Northeast Rail Service                                  1101
    21.     Alaska Railroad Transfer                                1201
    22.     Conrail Privatization                                   1301

-End-


-CITE-
    45 USC CHAPTER 1 - SAFETY APPLIANCES AND EQUIPMENT ON
           RAILROAD ENGINES AND CARS, AND PROTECTION OF
           EMPLOYEES AND TRAVELERS                         01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 1 - SAFETY APPLIANCES AND EQUIPMENT ON RAILROAD ENGINES AND
                 CARS, AND PROTECTION OF EMPLOYEES AND TRAVELERS

-HEAD-
    CHAPTER 1 - SAFETY APPLIANCES AND EQUIPMENT ON RAILROAD ENGINES AND
              CARS, AND PROTECTION OF EMPLOYEES AND TRAVELERS

-End-



-CITE-
    45 USC Secs. 1 to 14                                        01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 1 - SAFETY APPLIANCES AND EQUIPMENT ON RAILROAD ENGINES AND
                 CARS, AND PROTECTION OF EMPLOYEES AND TRAVELERS

-HEAD-
    Secs. 1 to 14. Repealed. Pub. L. 103-272, Sec. 7(b), July 5, 1994,
      108 Stat. 1379

-MISC1-
      Section 1, acts Mar. 2, 1893, ch. 196, Sec. 1, 27 Stat. 531; June
    22, 1988, Pub. L. 100-342, Sec. 13(1)(A), 102 Stat. 630, related to
    use of power driving-wheel brakes and appliances for operating
    train-brake systems. See section 20302 of Title 49, Transportation.
      Section 2, acts Mar. 2, 1893, ch. 196, Sec. 2, 27 Stat. 531; June
    22, 1988, Pub. L. 100-342, Sec. 13(1)(B), 102 Stat. 630, related to
    use of cars not equipped with automatic couplers. See section 20302
    of Title 49.
      Section 3, acts Mar. 2, 1893, ch. 196, Sec. 3, 27 Stat. 531; June
    22, 1988, Pub. L. 100-342, Sec. 13(1)(C), 102 Stat. 630, related to
    refusal to receive insufficiently equipped cars from connecting
    lines. See section 20302 of Title 49.
      Section 4, acts Mar. 2, 1893, ch. 196, Sec. 4, 27 Stat. 531; Oct.
    15, 1966, Pub. L. 89-670, Sec. 6(e)(1)(A), 80 Stat. 939; June 22,
    1988, Pub. L. 100-342, Sec. 13(1)(D), 102 Stat. 630, related to
    grab irons or handholds for security in coupling and uncoupling
    cars. See section 20302 of Title 49.
      Section 5, acts Mar. 2, 1893, ch. 196, Sec. 5, 27 Stat. 531; June
    22, 1988, Pub. L. 100-342, Sec. 13(1)(E), 102 Stat. 630, related to
    exclusion from traffic of freight cars not complying with
    prescribed standard for height of drawbars.
      Section 6, acts Mar. 2, 1893, ch. 196, Sec. 6, 27 Stat. 532; Apr.
    1, 1896, ch. 87, 29 Stat. 85; June 25, 1948, ch. 646, Sec. 1, 62
    Stat. 909; Aug. 14, 1957, Pub. L. 85-135, Sec. 1(1), 71 Stat. 352;
    Oct. 15, 1966, Pub. L. 89-670, Sec. 6(e)(1)(A), 80 Stat. 939; July
    8, 1976, Pub. L. 94-348, Sec. 3(a), 90 Stat. 818; Nov. 2, 1978,
    Pub. L. 95-574, Sec. 7(a), 92 Stat. 2461; Oct. 10, 1980, Pub. L. 96-
    423, Sec. 8(b), 94 Stat. 1814; June 22, 1988, Pub. L. 100-342,
    Sec. 13(1)(F), 102 Stat. 630; Sept. 3, 1992, Pub. L. 102-365, Secs.
    4(a)(1), (c)(3), 9(a)(3), 106 Stat. 973, 974, 977, related to use
    of cars in violation of sections 1 to 7 of this title and
    enforcement duties of United States attorneys and Secretary of
    Transportation. See sections 20301, 21302, and 21304 of Title 49,
    Transportation.
      Section 7, acts Mar. 2, 1893, ch. 196, Sec. 8, 27 Stat. 532; June
    22, 1988, Pub. L. 100-342, Sec. 13(1)(H), 102 Stat. 631, related to
    assumption of risk by railroad employees. See section 20304 of
    Title 49.
      Section 8, acts Mar. 2, 1903, ch. 976, Sec. 1, 32 Stat. 943; June
    22, 1988, Pub. L. 100-342, Sec. 13(2)(A), 102 Stat. 631, extended
    provisions of sections 1 to 7 of this title to include railroads in
    the Territories and the District of Columbia and to apply in other
    cases. See sections 20301, 20302, 20304, and 21302 of Title 49.
      Section 9, acts Mar. 2, 1903, ch. 976, Sec. 2, 32 Stat. 943; Apr.
    11, 1958, Pub. L. 85-375, 72 Stat. 86; Oct. 15, 1966, Pub. L. 89-
    670, Sec. 6(e)(1)(B), 80 Stat. 939; June 22, 1988, Pub. L. 100-
    342, Sec. 13(2)(B), 102 Stat. 631, provided that locomotive
    engineers were to operate power and train brakes on not less than
    50 percent of cars of trains operated with power or train brakes,
    and retained rules, standards, and instructions of Association of
    American Railroads for installation, inspection, maintenance, and
    repair of such brakes. See sections 20301, 20302, and 21302 of
    Title 49.
      Section 10, acts Mar. 2, 1903, ch. 976, Sec. 3, 32 Stat. 943;
    June 25, 1948, ch. 646, Sec. 1, 62 Stat. 909; Oct. 15, 1966, Pub.
    L. 89-670, Sec. 6(e)(1)(B), 80 Stat. 939; June 22, 1988, Pub. L.
    100-342, Sec. 13(2)(C), 102 Stat. 631; Sept. 3, 1992, Pub. L. 102-
    365, Sec. 9(a)(4), 106 Stat. 977, related to continuation of
    duties, requirements, and liabilities specified under sections 1 to
    7 of this title unless specifically amended by sections 8 to 10 of
    this title. See section 21302 of Title 49.
      Section 11, acts Apr. 14, 1910, ch. 160, Sec. 2, 36 Stat. 298;
    June 22, 1988, Pub. L. 100-342, Sec. 13(3)(A), 102 Stat. 631,
    related to use of cars not equipped as required by sections 11 to
    16 of this title. See section 20302 of Title 49.
      Section 12, acts Apr. 14, 1910, ch. 160, Sec. 3, 36 Stat. 298;
    Oct. 15, 1966, Pub. L. 89-670, Sec. 6(e)(1)(C), 80 Stat. 939; June
    22, 1988, Pub. L. 100-342, Sec. 13(3)(B), 102 Stat. 631, continued
    to maintain designations of safety appliances by Secretary of
    Transportation as standards of equipment for railroad cars, unless
    changed by order of Secretary, and authorized Secretary to modify
    standard height of drawbars. See sections 20302 and 21302 of Title
    49.
      Section 13, acts Apr. 14, 1910, ch. 160, Sec. 4, 36 Stat. 299;
    Aug. 14, 1957, Pub. L. 85-135, Sec. 1(2), 71 Stat. 352; July 8,
    1976, Pub. L. 94-348, Sec. 3(b), 90 Stat. 818; Nov. 2, 1978, Pub.
    L. 95-574, Sec. 7(b), 92 Stat. 2461; Jan. 14, 1983, Pub. L. 97-468,
    title VII, Sec. 704, 96 Stat. 2580; June 22, 1988, Pub. L. 100-342,
    Sec. 13(3)(C), 102 Stat. 632; Sept. 3, 1992, Pub. L. 102-365, Secs.
    4(a)(1), (c)(4), 9(a)(5), 106 Stat. 973, 974, 978, related to
    penalty for using cars not equipped as provided by sections 1 to 16
    of this title, with provisos for hauling cars for repairs when
    equipment becomes defective, liability for death or injury to
    employees in connection with such hauling, and use of chains
    instead of drawbars in conducting such hauling. See sections 20303,
    21302, and 21304 of Title 49.
      Section 14, acts Apr. 14, 1910, ch. 160, Sec. 5, 36 Stat. 299;
    Oct. 15, 1966, Pub. L. 89-670, Sec. 6(e)(1)(C), 80 Stat. 939; June
    22, 1988, Pub. L. 100-342, Sec. 13(3)(D), 102 Stat. 632, related to
    liability for using cars with defective or insecure equipment. See
    section 21302 of Title 49.

-End-



-CITE-
    45 USC Sec. 15                                              01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 1 - SAFETY APPLIANCES AND EQUIPMENT ON RAILROAD ENGINES AND
                 CARS, AND PROTECTION OF EMPLOYEES AND TRAVELERS

-HEAD-
    Sec. 15. Repealed. Pub. L. 97-449, Sec. 7(b), Jan. 12, 1983, 96
      Stat. 2444

-MISC1-
      Section, acts Apr. 14, 1910, ch. 160, Sec. 6, 36 Stat. 299; Oct.
    15, 1966, Pub. L. 89-670, Sec. 6(e)(1)(C), 80 Stat. 939, provided
    that it was the duty of the Secretary of Transportation to enforce
    the provisions of sections 11 to 16 of this title as to equipment
    of each car with safety appliances and that all powers theretofore
    granted to the Interstate Commerce Commission were extended to the
    Secretary for the purpose of such enforcement. See section 501(b)
    of Title 49, Transportation.

-End-



-CITE-
    45 USC Sec. 16                                              01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 1 - SAFETY APPLIANCES AND EQUIPMENT ON RAILROAD ENGINES AND
                 CARS, AND PROTECTION OF EMPLOYEES AND TRAVELERS

-HEAD-
    Sec. 16. Repealed. Pub. L. 103-272, Sec. 7(b), July 5, 1994, 108
      Stat. 1379

-MISC1-
      Section, acts Apr. 14, 1910, ch. 160, Sec. 1, 36 Stat. 298; June
    22, 1988, Pub. L. 100-342, Sec. 13(3)(E), 102 Stat. 632, defined
    "railroad" as used in sections 1 to 16 of this title. See section
    20102 of Title 49, Transportation.

-End-



-CITE-
    45 USC Secs. 17 to 21                                       01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 1 - SAFETY APPLIANCES AND EQUIPMENT ON RAILROAD ENGINES AND
                 CARS, AND PROTECTION OF EMPLOYEES AND TRAVELERS

-HEAD-
    Secs. 17 to 21. Repealed. Pub. L. 97-468, title VII, Sec. 705, Jan.
      14, 1983, 96 Stat. 2580

-MISC1-
      Section 17, act May 30, 1908, ch. 225, Secs. 1, 2, 35 Stat. 476,
    related to locomotives to be equipped with safety ash pans.
      Section 18, acts May 30, 1908, ch. 225, Sec. 3, 35 Stat. 476;
    June 25, 1948, ch. 646, Sec. 1, 62 Stat. 909; Oct. 15, 1966, Pub.
    L. 89-670, Sec. 6(e)(1)(D), 80 Stat. 939, set forth penalties for
    violations and authorized United States attorneys to bring actions
    for enforcement of provisions.
      Section 19, acts May 30, 1908, ch. 225, Sec. 4, 35 Stat. 476;
    Oct. 15, 1966, Pub. L. 89-670, Sec. 6(e)(1)(D), 80 Stat. 939,
    provided for enforcement of the provisions of sections 17 to 21 of
    this title by the Secretary of Transportation.
      Section 20, act May 30, 1908, ch. 225, Sec. 5, 35 Stat. 476,
    specified those to be included in the term "common carrier".
      Section 21, act May 30, 1908, ch. 225, Sec. 6, 35 Stat. 476,
    provided that the provisions of sections 17 to 21 of this title not
    be applicable to locomotives on which an ash pan is not necessary.

-End-



-CITE-
    45 USC Secs. 22 to 43a                                      01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 1 - SAFETY APPLIANCES AND EQUIPMENT ON RAILROAD ENGINES AND
                 CARS, AND PROTECTION OF EMPLOYEES AND TRAVELERS

-HEAD-
    Secs. 22 to 43a. Repealed. Pub. L. 103-272, Sec. 7(b), July 5,
      1994, 108 Stat. 1379

-MISC1-
      Section 22, acts Feb. 17, 1911, ch. 103, Sec. 1, 36 Stat. 913;
    June 7, 1924, ch. 355, Sec. 1, 43 Stat. 659; June 22, 1988, Pub. L.
    100-342, Sec. 14(1), 102 Stat. 632, defined "railroad" as used in
    sections 22 to 29 and 31 to 34 of this title. See section 20102 of
    Title 49, Transportation.
      Section 23, acts Feb. 17, 1911, ch. 103, Sec. 2, 36 Stat. 913;
    Mar. 4, 1915, ch. 169, Sec. 1, 38 Stat. 1192; June 7, 1924, ch.
    355, Sec. 2, 43 Stat. 659; June 22, 1988, Pub. L. 100-342, Sec.
    14(2), 102 Stat. 632, made it unlawful for railroads to use
    locomotives and appurtenances unless they were safe and inspected
    in accordance with provisions of sections 22 to 29 and 31 to 34 of
    this title and tested as prescribed by rules and regulations. See
    section 20701 of Title 49.
      Section 24, acts Feb. 17, 1911, ch. 103, Sec. 3, 36 Stat. 914;
    Apr. 22, 1940, ch. 124, Sec. 1, 54 Stat. 148; May 27, 1947, ch. 85,
    Sec. 1, 61 Stat. 120; Oct. 28, 1949, ch. 782, title XI, Sec.
    1106(a), 63 Stat. 972; June 22, 1988, Pub. L. 100-342, Sec. 14(3),
    102 Stat. 633, provided for appointment and salaries of a director
    of locomotive inspection and two assistant directors of locomotive
    inspection, and was previously omitted pursuant to Reorg. Plan No.
    3 of 1965, eff. July 27, 1965, 30 F.R. 9351, 79 Stat. 1320,
    formerly set out in the Appendix to Title 5, Government
    Organization and Employees, which abolished the offices of director
    of locomotive inspection, assistant directors of locomotive
    inspection, and district inspectors of locomotives. Acts June 26,
    1918, ch. 105, 40 Stat. 616; June 7, 1924, ch. 355, Sec. 6, 43
    Stat. 659; June 27, 1930, ch. 644, Sec. 1, 46 Stat. 822, which
    provided for the pay of chief inspector, assistant inspectors, and
    district directors of locomotives, and related to office allowances
    for each inspector, and which were cited as a credit to section 24,
    were repealed by Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat.
    643, 646, 648.
      Section 25, acts Feb. 17, 1911, ch. 103, Sec. 3, 36 Stat. 914;
    June 7, 1924, ch. 355, Sec. 3, 43 Stat. 659; Apr. 22, 1940, ch.
    124, Sec. 1, 54 Stat. 148; May 27, 1947, ch. 85, Sec. 1, 61 Stat.
    120, provided for location of office of director of locomotive
    inspection in Washington, D.C., and for staffing of such office,
    and was previously omitted pursuant to Reorg. Plan No. 3 of 1965,
    formerly set out in the Appendix to Title 5.
      Section 26, acts Feb. 17, 1911, ch. 103, Sec. 4, 36 Stat. 914;
    Apr. 22, 1940, ch. 124, Sec. 1, 54 Stat. 148; May 27, 1947, ch. 85,
    Sec. 2, 61 Stat. 120, directed director of locomotive inspection to
    divide country into 50 locomotive boiler inspection districts so as
    to most effectively divide up work of inspector for each such
    district, and was previously omitted pursuant to Reorg. Plan No. 3
    of 1965, formerly set out in the Appendix to Title 5, which
    abolished the offices of director of locomotive inspection,
    assistant directors of locomotive inspection, and district
    inspectors of locomotives, together with the function of the
    director of locomotive inspection with respect to dividing the
    country into districts. Acts June 26, 1918, ch. 105, 40 Stat. 616;
    June 27, 1930, ch. 644, Sec. 2, 46 Stat. 823, which were cited as a
    credit to section 26, were repealed by Pub. L. 89-554, Sec. 8(a),
    Sept. 6, 1966, 80 Stat. 643, 648.
      Section 27, act Feb. 17, 1911, ch. 103, Sec. 4 (par), as added
    June 7, 1924, ch. 355, Sec. 4, 43 Stat. 659; amended Apr. 22, 1940,
    ch. 124, Sec. 1, 54 Stat. 148, authorized appointment of 15
    additional boiler inspectors over and above number authorized by
    section 26 of this title as the needs of the service may require,
    and was previously omitted pursuant to Reorg. Plan No. 3 of 1965,
    formerly set out in the Appendix to Title 5.
      Section 28, acts Feb. 17, 1911, ch. 103, Sec. 5, 36 Stat. 914;
    Apr. 22, 1940, ch. 124, Sec. 1, 54 Stat. 148; Oct. 15, 1966, Pub.
    L. 89-670, Sec. 6(e)(1)(E), 80 Stat. 939; June 22, 1988, Pub. L.
    100-342, Sec. 14(4), 102 Stat. 633, related to rules and
    instructions for inspection of locomotive boilers. See section
    20702 of Title 49, Transportation.
      Section 29, acts Feb. 17, 1911, ch. 103, Sec. 6, 36 Stat. 915;
    Apr. 22, 1940, ch. 124, Sec. 1, 54 Stat. 148; Oct. 15, 1966, Pub.
    L. 89-670, Sec. 6(e)(1)(E), 80 Stat. 939; Oct. 10, 1980, Pub. L. 96-
    423, Sec. 13, 94 Stat. 1816; June 22, 1988, Pub. L. 100-342, Sec.
    14(5), 102 Stat. 633, related to duties of district inspectors to
    make railroads inspect and repair locomotive boilers and notify
    railroads when boilers were not in serviceable condition and
    provided that railroads could appeal to director of locomotive
    inspection to have boiler reexamined and could then appeal to
    Secretary of Transportation if district inspector's decision was
    sustained by director. See section 20702 of Title 49.
      Section 30, acts Mar. 4, 1915, ch. 169, Sec. 2, 38 Stat. 1192;
    Apr. 22, 1940, ch. 124, Sec. 2, 54 Stat. 148, related to powers,
    duties, and examinations of locomotive inspectors and provided that
    provisions of sections 22 to 29 and 31 to 34 of this title were
    applicable to all parts of locomotives and tenders. See sections
    20701 to 20703 and 21302 of Title 49.
      Section 31, acts Feb. 17, 1911, ch. 103, Sec. 7, 36 Stat. 916;
    Apr. 22, 1940, ch. 124, Sec. 1, 54 Stat. 148; Oct. 15, 1966, Pub.
    L. 89-670, Sec. 6(e)(1)(E), 80 Stat. 939, related to annual report
    of director of locomotive inspection to Secretary of
    Transportation.
      Section 32, acts Feb. 17, 1911, ch. 103, Sec. 8, 36 Stat. 916;
    Apr. 22, 1940, ch. 124, Sec. 1, 54 Stat. 148; June 22, 1988, Pub.
    L. 100-342, Sec. 14(6), 102 Stat. 633, required railroad to report
    accidents resulting from failure of locomotive boilers or
    appurtenances to director of locomotive inspection and to preserve
    disabled parts for inspection, investigation, and report by
    director. See section 20703 of Title 49, Transportation.
      Section 33, acts Feb. 17, 1911, ch. 103, Sec. 8, 36 Stat. 916;
    Apr. 22, 1940, ch. 124, Sec. 1, 54 Stat. 148; Oct. 15, 1966, Pub.
    L. 89-670, Sec. 6(e)(1)(E), 80 Stat. 939; Jan. 3, 1975, Pub. L. 93-
    633, title III, Sec. 304, 88 Stat. 2168, related to reports by
    Secretary of Transportation of accident investigations conducted
    pursuant to section 32 of this title. See section 20703 of Title
    49.
      Section 34, acts Feb. 17, 1911, ch. 103, Sec. 9, 36 Stat. 916;
    Apr. 22, 1940, ch. 124, Sec. 1, 54 Stat. 148; Aug. 14, 1957, Pub.
    L. 85-135, Sec. 3, 71 Stat. 352; July 8, 1976, Pub. L. 94-348, Sec.
    3(c), 90 Stat. 818; Nov. 2, 1978, Pub. L. 95-574, Sec. 7(c), 92
    Stat. 2461; Oct. 10, 1980, Pub. L. 96-423, Sec. 8(c), 94 Stat.
    1814; June 22, 1988, Pub. L. 100-342, Sec. 14(7), 102 Stat. 633;
    Sept. 3, 1992, Pub. L. 102-365, Secs. 4(a)(1), (c)(7), 9(a)(8), 106
    Stat. 973, 975, 978, related to penalty for willful violations of
    sections 22 to 29 and 31 to 34 of this title, or rules or
    regulations made thereunder, or any lawful order of any inspector,
    duty of United States attorney to sue for such violations, and duty
    of director of locomotive inspection to inform proper United States
    attorney of violations coming to his knowledge. See sections 21302
    and 21304 of Title 49.
      Section 35, acts June 30, 1906, No. 46, 34 Stat. 838; Oct. 15,
    1966, Pub. L. 89-670, Sec. 6(e)(1)(H), 80 Stat. 939, directed
    Secretary of Transportation to investigate and report on block-
    signal systems and appliances for automatic control of trains and
    empowered Secretary to obtain evidence to carry out and give effect
    to this provision.
      Section 36, acts May 27, 1908, ch. 200, Sec. 1, 35 Stat. 325;
    Oct. 15, 1966, Pub. L. 89-670, Sec. 6(e)(1)(I), 80 Stat. 939,
    related to investigation and testing by Secretary of Transportation
    of appliances or systems to promote safety of railway operation.
    See section 20504 of Title 49, Transportation.
      Section 37, acts May 27, 1908, ch. 200, Sec. 1, 35 Stat. 325;
    Mar. 4, 1909, ch. 299, Sec. 1, 35 Stat. 965; Aug. 12, 1970, Pub. L.
    91-375, Sec. 4(a), 84 Stat. 773, related to inspection of mail
    cars. See section 20305 of Title 49.
      Section 38, acts May 6, 1910, ch. 208, Sec. 1, 36 Stat. 350;
    Sept. 13, 1960, Pub. L. 86-762, Sec. 1, 74 Stat. 903; Oct. 15,
    1966, Pub. L. 89-670, Sec. 6(e)(1)(K), 80 Stat. 939; June 22, 1988,
    Pub. L. 100-342, Sec. 15(1), 102 Stat. 633, related to duty of
    railroad to make monthly reports of railroad accidents to Secretary
    of Transportation and defined "railroad" for purposes of sections
    38 to 43 of this title. See sections 20102 and 20901 of Title 49.
      Section 39, acts May 6, 1910, ch. 208, Sec. 2, 36 Stat. 351; Jan.
    3, 1975, Pub. L. 93-633, title II, Sec. 204(b), 88 Stat. 2166; June
    22, 1988, Pub. L. 100-342, Sec. 15(2), 102 Stat. 634; Sept. 3,
    1992, Pub. L. 102-365, Sec. 4(a)(3), 106 Stat. 973, related to
    penalty for failure of railroad to make report provided for in
    section 38 of this title. See sections 20901 and 21311 of Title 49.
      Section 40, acts May 6, 1910, ch. 208, Sec. 3, 36 Stat. 351; Oct.
    15, 1966, Pub. L. 89-670, Sec. 6(e)(1)(K), 80 Stat. 939; Jan. 3,
    1975, Pub. L. 93-633, title III, Sec. 304, 88 Stat. 2168; June 22,
    1988, Pub. L. 100-342, Sec. 15(3), 102 Stat. 634, authorized
    Secretary of Transportation to investigate railroad accidents, with
    proviso that Secretary cooperate with State commissions in such
    investigations if convenient and make reports of such
    investigations when in the public interest. See section 20902 of
    Title 49.
      Section 41, act May 6, 1910, ch. 208, Sec. 4, 36 Stat. 351,
    provided that reports required by sections 38 and 40 of this title
    were not admissible as evidence in suits for damages. See section
    20903 of Title 49.
      Section 42, acts May 6, 1910, ch. 208, Sec. 5, 36 Stat. 351;
    Sept. 13, 1960, Pub. L. 86-762, Sec. 2, 74 Stat. 904; Oct. 15,
    1966, Pub. L. 89-670, Sec. 6(e)(1)(K), 80 Stat. 939, authorized
    Secretary of Transportation to prescribe rules, regulations, and
    forms for making reports as necessary to implement and effectuate
    purposes of sections 38 to 43 of this title.
      Section 43, acts May 6, 1910, ch. 208, Sec. 7, 36 Stat. 351;
    Sept. 13, 1960, Pub. L. 86-762, Sec. 3, 74 Stat. 904; June 22,
    1988, Pub. L. 100-342, Sec. 15(4), 102 Stat. 634; Sept. 3, 1992,
    Pub. L. 102-365, Secs. 4(a)(1), (c)(5), 9(a)(6), 106 Stat. 973,
    974, 978, related to penalty for willful violations by any person
    of sections 38 to 43 of this title or any rule, regulation, order,
    or standard issued under such sections or the Federal Railroad
    Safety Act of 1970 (formerly 45 U.S.C. Sec. 431 et seq.) and duty
    of United States attorney to sue for such violations. See sections
    21302 and 21304 of Title 49, Transportation.
      Section 43a, Pub. L. 100-342, Sec. 24, June 22, 1988, 102 Stat.
    639, related to accident reports in which railroads assign human
    error as cause of accident or incident and provision that such
    reports contain an explanatory statement by employees involved. See
    section 20901 of Title 49.

                                SHORT TITLE                            
      Act May 6, 1910, ch. 208, 36 Stat. 350, as amended, popularly
    known as the "Accident Reports Act", was classified to sections 38
    to 43 of this title prior to repeal by Pub. L. 103-272, Sec. 7(b),
    July 5, 1994, 108 Stat. 1379.

-End-



-CITE-
    45 USC Secs. 44 to 46                                       01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 1 - SAFETY APPLIANCES AND EQUIPMENT ON RAILROAD ENGINES AND
                 CARS, AND PROTECTION OF EMPLOYEES AND TRAVELERS

-HEAD-
    Secs. 44 to 46. Transferred

-COD-
                               CODIFICATION                           
      Sections 44 to 46 were transferred to sections 1201 to 1203,
    respectively, of former Title 49, Transportation, and were
    subsequently repealed and restated in section 80504 of Title 49,
    Transportation, by Pub. L. 103-272, Secs. 1(e), 7(b), July 5, 1994,
    108 Stat. 1358, 1379.
      Section 44, acts Feb. 23, 1905, ch. 744, Sec. 1, 33 Stat. 743;
    June 13, 1957, Pub. L. 85-50, Sec. 1(1), 71 Stat. 69, related to
    awards for acts of heroism involving railroads or motor vehicles.
      Section 45, act Feb. 23, 1905, ch. 744, Sec. 2, 33 Stat. 743,
    related to issuance of rosettes and ribbons.
      Section 46, acts Feb. 23, 1905, ch. 744, Sec. 3, 33 Stat. 743;
    June 13, 1957, Pub. L. 85-50, Sec. 1(2), 71 Stat. 69, related to
    authorization of appropriations for carrying out sections 44 and 45
    of this title.

-End-


-CITE-
    45 USC CHAPTER 2 - LIABILITY FOR INJURIES TO EMPLOYEES      01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 2 - LIABILITY FOR INJURIES TO EMPLOYEES

-HEAD-
              CHAPTER 2 - LIABILITY FOR INJURIES TO EMPLOYEES          

-MISC1-
    Sec.                                                     
    51.         Liability of common carriers by railroad, in
                 interstate or foreign commerce, for injuries to
                 employees from negligence; employee defined.         
    52.         Carriers in Territories or other possessions of United
                 States.                                              
    53.         Contributory negligence; diminution of damages.       
    54.         Assumption of risks of employment.                    
    54a.        Certain Federal and State regulations deemed statutory
                 authority.                                           
    55.         Contract, rule, regulation, or device exempting from
                 liability; set-off.                                  
    56.         Actions; limitation; concurrent jurisdiction of
                 courts.                                              
    57.         Who included in term "common carrier".                
    58.         Duty or liability of common carriers and rights of
                 employees under other acts not impaired.             
    59.         Survival of right of action of person injured.        
    60.         Penalty for suppression of voluntary information
                 incident to accidents; separability.                 

-End-



-CITE-
    45 USC Sec. 51                                              01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 2 - LIABILITY FOR INJURIES TO EMPLOYEES

-HEAD-
    Sec. 51. Liability of common carriers by railroad, in interstate or
      foreign commerce, for injuries to employees from negligence;
      employee defined

-STATUTE-
      Every common carrier by railroad while engaging in commerce
    between any of the several States or Territories, or between any of
    the States and Territories, or between the District of Columbia and
    any of the States or Territories, or between the District of
    Columbia or any of the States or Territories and any foreign nation
    or nations, shall be liable in damages to any person suffering
    injury while he is employed by such carrier in such commerce, or,
    in case of the death of such employee, to his or her personal
    representative, for the benefit of the surviving widow or husband
    and children of such employee; and, if none, then of such
    employee's parents; and, if none, then of the next of kin dependent
    upon such employee, for such injury or death resulting in whole or
    in part from the negligence of any of the officers, agents, or
    employees of such carrier, or by reason of any defect or
    insufficiency, due to its negligence, in its cars, engines,
    appliances, machinery, track, roadbed, works, boats, wharves, or
    other equipment.
      Any employee of a carrier, any part of whose duties as such
    employee shall be the furtherance of interstate or foreign
    commerce; or shall, in any way directly or closely and
    substantially, affect such commerce as above set forth shall, for
    the purposes of this chapter, be considered as being employed by
    such carrier in such commerce and shall be considered as entitled
    to the benefits of this chapter.

-SOURCE-
    (Apr. 22, 1908, ch. 149, Sec. 1, 35 Stat. 65; Aug. 11, 1939, ch.
    685, Sec. 1, 53 Stat. 1404.)


-MISC1-
                                AMENDMENTS                            
      1939 - Act Aug. 11, 1939, inserted last par.

                                SHORT TITLE                            
      The Act of Apr. 22, 1908, as amended, which comprises this
    chapter, is popularly known as the "Employers' Liability Act".
      The following are also popularly known as Employers' Liability
    Acts:
      June 11, 1906, ch. 3073, 34 Stat. 232 [Unconstitutional].
      Apr. 5, 1910, ch. 143, 36 Stat. 291. See sections 56 and 59 of
    this title.
      Aug. 11, 1939, ch. 685, 53 Stat. 1404. See sections 51, 54, 56,
    and 60 of this title.

-End-



-CITE-
    45 USC Sec. 52                                              01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 2 - LIABILITY FOR INJURIES TO EMPLOYEES

-HEAD-
    Sec. 52. Carriers in Territories or other possessions of United
      States

-STATUTE-
      Every common carrier by railroad in the Territories, the District
    of Columbia, the Panama Canal Zone, or other possessions of the
    United States shall be liable in damages to any person suffering
    injury while he is employed by such carrier in any of said
    jurisdictions, or, in case of the death of such employee, to his or
    her personal representative, for the benefit of the surviving widow
    or husband and children of such employee; and, if none, then of
    such employee's parents; and, if none, then of the next of kin
    dependent upon such employee, for such injury or death resulting in
    whole or in part from the negligence of any of the officers,
    agents, or employees of such carrier, or by reason of any defect or
    insufficiency, due to its negligence, in its cars, engines,
    appliances, machinery, track, roadbed, works, boats, wharves, or
    other equipment.

-SOURCE-
    (Apr. 22, 1908, ch. 149, Sec. 2, 35 Stat. 65.)

-End-



-CITE-
    45 USC Sec. 53                                              01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 2 - LIABILITY FOR INJURIES TO EMPLOYEES

-HEAD-
    Sec. 53. Contributory negligence; diminution of damages

-STATUTE-
      In all actions on and after April 22, 1908 brought against any
    such common carrier by railroad under or by virtue of any of the
    provisions of this chapter to recover damages for personal injuries
    to an employee, or where such injuries have resulted in his death,
    the fact that the employee may have been guilty of contributory
    negligence shall not bar a recovery, but the damages shall be
    diminished by the jury in proportion to the amount of negligence
    attributable to such employee: Provided, That no such employee who
    may be injured or killed shall be held to have been guilty of
    contributory negligence in any case where the violation by such
    common carrier of any statute enacted for the safety of employees
    contributed to the injury or death of such employee.

-SOURCE-
    (Apr. 22, 1908, ch. 149, Sec. 3, 35 Stat. 66.)

-End-



-CITE-
    45 USC Sec. 54                                              01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 2 - LIABILITY FOR INJURIES TO EMPLOYEES

-HEAD-
    Sec. 54. Assumption of risks of employment

-STATUTE-
      In any action brought against any common carrier under or by
    virtue of any of the provisions of this chapter to recover damages
    for injuries to, or the death of, any of its employees, such
    employee shall not be held to have assumed the risks of his
    employment in any case where such injury or death resulted in whole
    or in part from the negligence of any of the officers, agents, or
    employees of such carrier; and no employee shall be held to have
    assumed the risks of his employment in any case where the violation
    by such common carrier of any statute enacted for the safety of
    employees contributed to the injury or death of such employee.

-SOURCE-
    (Apr. 22, 1908, ch. 149, Sec. 4, 35 Stat. 66; Aug. 11, 1939, ch.
    685, Sec. 1, 53 Stat. 1404.)


-MISC1-
                                AMENDMENTS                            
      1939 - Act Aug. 11, 1939, inserted "where such injury or death
    resulted in whole or in part from the negligence of any of the
    officers, agents, or employees of such carrier; and no employee
    shall be held to have assumed the risks of his employment in any
    case" after "of his employment in any case".

-End-



-CITE-
    45 USC Sec. 54a                                             01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 2 - LIABILITY FOR INJURIES TO EMPLOYEES

-HEAD-
    Sec. 54a. Certain Federal and State regulations deemed statutory
      authority

-STATUTE-
      A regulation, standard, or requirement in force, or prescribed by
    the Secretary of Transportation under chapter 201 of title 49 or by
    a State agency that is participating in investigative and
    surveillance activities under section 20105 of title 49, is deemed
    to be a statute under sections 53 and 54 of this title.

-SOURCE-
    (Apr. 22, 1908, ch. 149, Sec. 4A, as added Pub. L. 103-272, Sec.
    4(i), July 5, 1994, 108 Stat. 1365.)

-End-



-CITE-
    45 USC Sec. 55                                              01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 2 - LIABILITY FOR INJURIES TO EMPLOYEES

-HEAD-
    Sec. 55. Contract, rule, regulation, or device exempting from
      liability; set-off

-STATUTE-
      Any contract, rule, regulation, or device whatsoever, the purpose
    or intent of which shall be to enable any common carrier to exempt
    itself from any liability created by this chapter, shall to that
    extent be void: Provided, That in any action brought against any
    such common carrier under or by virtue of any of the provisions of
    this chapter, such common carrier may set off therein any sum it
    has contributed or paid to any insurance, relief benefit, or
    indemnity that may have been paid to the injured employee or the
    person entitled thereto on account of the injury or death for which
    said action was brought.

-SOURCE-
    (Apr. 22, 1908, ch. 149, Sec. 5, 35 Stat. 66.)

-End-



-CITE-
    45 USC Sec. 56                                              01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 2 - LIABILITY FOR INJURIES TO EMPLOYEES

-HEAD-
    Sec. 56. Actions; limitation; concurrent jurisdiction of courts

-STATUTE-
      No action shall be maintained under this chapter unless commenced
    within three years from the day the cause of action accrued.
      Under this chapter an action may be brought in a district court
    of the United States, in the district of the residence of the
    defendant, or in which the cause of action arose, or in which the
    defendant shall be doing business at the time of commencing such
    action. The jurisdiction of the courts of the United States under
    this chapter shall be concurrent with that of the courts of the
    several States.

-SOURCE-
    (Apr. 22, 1908, ch. 149, Sec. 6, 35 Stat. 66; Apr. 5, 1910, ch.
    143, Sec. 1, 36 Stat. 291; Mar. 3, 1911, ch. 231, Sec. 291, 36
    Stat. 1167; Aug. 11, 1939, ch. 685, Sec. 2, 53 Stat. 1404; June 25,
    1948, ch. 646, Sec. 18, 62 Stat. 989.)

-COD-
                               CODIFICATION                           
      The first par. of this section is from act Apr. 22, 1908.
      The second par. of this section is from act Apr. 5, 1910.


-MISC1-
                                AMENDMENTS                            
      1948 - Act June 25, 1948, struck out provision in last sentence
    relating to removal of actions.
      1939 - Act Aug. 11, 1939, changed limitation in first sentence
    from two to three years.

-CHANGE-
                              CHANGE OF NAME                          
      "District court" substituted in text for "circuit court" to
    conform to act Mar. 3, 1911, which transferred powers and duties of
    circuit courts to district courts.


-MISC2-
                     EFFECTIVE DATE OF 1948 AMENDMENT                 
      Section 38 of act June 25, 1948, provided that the amendment made
    by that act is effective Sept. 1, 1948.

-End-



-CITE-
    45 USC Sec. 57                                              01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 2 - LIABILITY FOR INJURIES TO EMPLOYEES

-HEAD-
    Sec. 57. Who included in term "common carrier"

-STATUTE-
      The term "common carrier" as used in this chapter shall include
    the receiver or receivers or other persons or corporations charged
    with the duty of the management and operation of the business of a
    common carrier.

-SOURCE-
    (Apr. 22, 1908, ch. 149, Sec. 7, 35 Stat. 66.)

-End-



-CITE-
    45 USC Sec. 58                                              01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 2 - LIABILITY FOR INJURIES TO EMPLOYEES

-HEAD-
    Sec. 58. Duty or liability of common carriers and rights of
      employees under other acts not impaired

-STATUTE-
      Nothing in this chapter shall be held to limit the duty or
    liability of common carriers or to impair the rights of their
    employees under any other Act or Acts of Congress.

-SOURCE-
    (Apr. 22, 1908, ch. 149, Sec. 8, 35 Stat. 66.)

-End-



-CITE-
    45 USC Sec. 59                                              01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 2 - LIABILITY FOR INJURIES TO EMPLOYEES

-HEAD-
    Sec. 59. Survival of right of action of person injured

-STATUTE-
      Any right of action given by this chapter to a person suffering
    injury shall survive to his or her personal representative, for the
    benefit of the surviving widow or husband and children of such
    employee, and, if none, then of such employee's parents; and, if
    none, then of the next of kin dependent upon such employee, but in
    such cases there shall be only one recovery for the same injury.

-SOURCE-
    (Apr. 22, 1908, ch. 149, Sec. 9, as added Apr. 5, 1910, ch. 143,
    Sec. 2, 36 Stat. 291.)

-End-



-CITE-
    45 USC Sec. 60                                              01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 2 - LIABILITY FOR INJURIES TO EMPLOYEES

-HEAD-
    Sec. 60. Penalty for suppression of voluntary information incident
      to accidents; separability

-STATUTE-
      Any contract, rule, regulation, or device whatsoever, the
    purpose, intent, or effect of which shall be to prevent employees
    of any common carrier from furnishing voluntarily information to a
    person in interest as to the facts incident to the injury or death
    of any employee, shall be void, and whoever, by threat,
    intimidation, order, rule, contract, regulation, or device
    whatsoever, shall attempt to prevent any person from furnishing
    voluntarily such information to a person in interest, or whoever
    discharges or otherwise disciplines or attempts to discipline any
    employee for furnishing voluntarily such information to a person in
    interest, shall, upon conviction thereof, be punished by a fine of
    not more than $1,000 or imprisoned for not more than one year, or
    by both such fine and imprisonment, for each offense: Provided,
    That nothing herein contained shall be construed to void any
    contract, rule, or regulation with respect to any information
    contained in the files of the carrier, or other privileged or
    confidential reports.
      If any provision of this chapter is declared unconstitutional or
    the applicability thereof to any person or circumstances is held
    invalid, the validity of the remainder of the chapter and the
    applicability of such provision to other persons and circumstances
    shall not be affected thereby.

-SOURCE-
    (Apr. 22, 1908, ch. 149, Sec. 10, as added Aug. 11, 1939, ch. 685,
    Sec. 3, 53 Stat. 1404.)

-End-


-CITE-
    45 USC CHAPTER 3 - HOURS OF SERVICE OF EMPLOYEES            01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 3 - HOURS OF SERVICE OF EMPLOYEES

-HEAD-
                 CHAPTER 3 - HOURS OF SERVICE OF EMPLOYEES             

-End-



-CITE-
    45 USC Secs. 61 to 64b                                      01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 3 - HOURS OF SERVICE OF EMPLOYEES

-HEAD-
    Secs. 61 to 64b. Repealed. Pub. L. 103-272, Sec. 7(b), July 5,
      1994, 108 Stat. 1379

-MISC1-
      Section 61, acts Mar. 4, 1907, ch. 2939, Sec. 1, 34 Stat. 1415;
    Dec. 26, 1969, Pub. L. 91-169, Sec. 1, 83 Stat. 463; July 8, 1976,
    Pub. L. 94-348, Sec. 4(c), 90 Stat. 818; Nov. 2, 1978, Pub. L. 95-
    574, Secs. 5, 6, 92 Stat. 2461; June 22, 1988, Pub. L. 100-342,
    Sec. 16(1), 102 Stat. 634, provided that this chapter applied to
    any railroad and defined "railroad", "employee", "time on duty",
    and "designated terminal" for purposes of this chapter. See
    sections 20102, 21101, and 21103 of Title 49, Transportation.
      Section 62, acts Mar. 4, 1907, ch. 2939, Sec. 2, 34 Stat. 1416;
    Oct. 15, 1966, Pub. L. 89-670, Sec. 6(e)(2), 80 Stat. 939; Dec. 26,
    1969, Pub. L. 91-169, Sec. 1, 83 Stat. 463; July 8, 1976, Pub. L.
    94-348, Sec. 4(a), (b), 90 Stat. 818; June 22, 1988, Pub. L. 100-
    342, Secs. 16(2), 19(b)(1), 102 Stat. 634, 638, related to
    limitations on employees' hours of service, determination of number
    of hours an employee is on duty, additional duty for crew of wreck
    or relief trains during emergencies, and inapplicability of this
    section when provisions of section 63 of this title applied, and
    defined "employees" for purpose of subsec. (a)(3) of this section.
    See sections 21103, 21105, and 21106 of Title 49.
      Section 63, acts Mar. 4, 1907, ch. 2939, Sec. 3, 34 Stat. 1416;
    May 4, 1916, ch. 109, Sec. 1, 39 Stat. 61; Aug. 14, 1957, Pub. L.
    85-135, Sec. 2, 71 Stat. 352; Oct. 15, 1966, Pub. L. 89-670, Sec.
    6(e)(2), 80 Stat. 939; Dec. 26, 1969, Pub. L. 91-169, Sec. 1, 83
    Stat. 464; June 22, 1988, Pub. L. 100-342, Sec. 16(3), 102 Stat.
    635, related to dispatchers' hours of service. See section 21105 of
    Title 49.
      Section 63a, acts Mar. 4, 1907, ch. 2939, Sec. 3A, as added July
    8, 1976, Pub. L. 94-348, Sec. 4(d), 90 Stat. 819; amended Nov. 2,
    1978, Pub. L. 95-574, Sec. 4(a), (b), 92 Stat. 2459, 2460; June 22,
    1988, Pub. L. 100-342, Sec. 16(4), 102 Stat. 635, related to signal
    system employees' hours of service. See sections 21102, 21104 to
    21107, and 21303 of Title 49.
      Section 64, acts Mar. 4, 1907, ch. 2939, Sec. 4, 34 Stat. 1417;
    Oct. 15, 1966, Pub. L. 89-670, Sec. 6(e)(2), 80 Stat. 939; Dec. 26,
    1969, Pub. L. 91-169, Sec. 1, 83 Stat. 464; June 22, 1988, Pub. L.
    100-342, Sec. 16(5), 102 Stat. 635, provided that time on duty
    requirements of this chapter were maximum permissible hours of
    service, but shorter periods were proper subjects for collective
    bargaining. See section 21107 of Title 49.
      Section 64a, acts Mar. 4, 1907, ch. 2939, Sec. 5, 34 Stat. 1417;
    Dec. 26, 1969, Pub. L. 91-169, Sec. 1, 83 Stat. 464; July 8, 1976,
    Pub. L. 94-348, Sec. 4(e), 90 Stat. 819; Oct. 10, 1980, Pub. L. 96-
    423, Sec. 12, 94 Stat. 1816; June 22, 1988, Pub. L. 100-342, Sec.
    16(6), 102 Stat. 635; Sept. 3, 1992, Pub. L. 102-365, Secs.
    4(a)(2), (c)(2), 9(a)(2), 106 Stat. 973, 974, 977, related to
    manner of enforcing this chapter concerning hours of service of
    employees. See sections 21102, 21303, and 21304 of Title 49.
      Section 64b, act Mar. 4, 1907, ch. 2939, Sec. 6, as added Dec.
    26, 1969, Pub. L. 91-169, Sec. 1, 83 Stat. 465, provided that
    Secretary of Transportation was to have duty to carry out
    provisions of this chapter.

                                SHORT TITLE                            
      Act Mar. 4, 1907, ch. 2939, 34 Stat. 1415, which enacted this
    chapter and which was repealed by Pub. L. 103-272, Sec. 7(b), July
    5, 1994, 108 Stat. 1379, was popularly known as the "Hours of
    Service Act".

-End-



-CITE-
    45 USC Secs. 65, 66                                         01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 3 - HOURS OF SERVICE OF EMPLOYEES

-HEAD-
    Secs. 65, 66. Repealed. Pub. L. 104-287, Sec. 10(b), Oct. 11, 1996,
      110 Stat. 3401

-MISC1-
      Section 65, act Sept. 3, 5, 1916, ch. 436, Sec. 1, 39 Stat. 721,
    established eight hour work day for employees of railroads. See
    section 28301 of Title 49, Transportation.
      Section 66, act Sept. 3, 5, 1916, ch. 436, Sec. 4, 39 Stat. 722,
    provided penalty for violation of section 65 of this title. See
    section 28302 of Title 49, Transportation.

                                SHORT TITLE                            
      Act Sept. 3, 5, 1916, ch. 436, 39 Stat. 721, which enacted
    sections 65 and 66 of this title, was popularly known as the
    "Adamson Law".

-End-


-CITE-
    45 USC CHAPTER 4 - CARE OF ANIMALS IN TRANSIT               01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 4 - CARE OF ANIMALS IN TRANSIT

-HEAD-
                  CHAPTER 4 - CARE OF ANIMALS IN TRANSIT              

-End-



-CITE-
    45 USC Secs. 71 to 74                                       01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 4 - CARE OF ANIMALS IN TRANSIT

-HEAD-
    Secs. 71 to 74. Repealed. Pub. L. 103-272, Sec. 7(b), July 5, 1994,
      108 Stat. 1379

-MISC1-
      Section 71, act June 29, 1906, ch. 3594, Sec. 1, 34 Stat. 607,
    related to transportation of animals, provided maximum time for
    their confinement while in transit, unloading for rest and feeding,
    and included special provision for unloading sheep. See section
    80502 of Title 49, Transportation.
      Section 72, act June 29, 1906, ch. 3594, Sec. 2, 34 Stat. 608,
    provided that animals in transit were to be fed and watered by or
    at expense of owner and that railroad was to have a lien upon such
    animals for food, care, and custody. See section 80502 of Title 49.
      Section 73, act June 29, 1906, ch. 3594, Sec. 3, 34 Stat. 608,
    provided penalty for failure to comply with provisions of sections
    71 and 72 of this title with proviso that provisions regarding
    unloading of animals would not apply when animals in transit had
    proper food, water, space, and opportunity to rest. See section
    80502 of Title 49.
      Section 74, acts June 29, 1906, ch. 3594, Sec. 4, 34 Stat. 608;
    Mar. 3, 1911, ch. 231, Sec. 291, 36 Stat. 1167, provided that
    penalty created by section 73 of this title was recoverable by
    civil action and that United States attorneys had duty to prosecute
    violations of this chapter. See section 80502 of Title 49.

                                SHORT TITLE                            
      Act June 29, 1906, ch. 3594, 34 Stat. 607, which enacted this
    chapter and which was repealed by Pub. L. 103-272, Sec. 7(b), July
    5, 1994, 108 Stat. 1379, was popularly known as the "Live Stock
    Transportation Act" and also as the "Cruelty to Animals Act",
    "Twenty-Eight Hour Law", and "Food and Rest Law".

-End-



-CITE-
    45 USC Secs. 75, 76                                         01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 4 - CARE OF ANIMALS IN TRANSIT

-HEAD-
    Secs. 75, 76. Transferred

-COD-
                               CODIFICATION                           
      Section 75, acts Mar. 3, 1891, ch. 521, Sec. 1, 26 Stat. 833; May
    28, 1928, ch. 824, 45 Stat. 789, relating to rules as to
    accommodations for export animals, was transferred to section 466a
    of Title 46, Shipping, and subsequently repealed and reenacted as
    section 3901 of Title 46 by Pub. L. 98-89, Aug. 26, 1983, 97 Stat.
    500. Section 3901 of Title 46 was subsequently repealed by Pub. L.
    107-171, title X, Sec. 10418(a)(20), May 13, 2002, 116 Stat. 508.
      Section 76, acts Mar. 3, 1891, ch. 521, Sec. 2, 26 Stat. 833; May
    28, 1928, ch. 824, 45 Stat. 790, relating to penalties for rule
    violations, was transferred to section 466b of Title 46, and
    subsequently repealed and reenacted as section 3902 of Title 46 by
    Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 500. Section 3902 of Title
    46 was subsequently repealed by Pub. L. 107-171, title X, Sec.
    10418(a)(20), May 13, 2002, 116 Stat. 508.

-End-


-CITE-
    45 USC CHAPTER 5 - GOVERNMENT-AIDED RAILROADS               01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 5 - GOVERNMENT-AIDED RAILROADS

-HEAD-
                  CHAPTER 5 - GOVERNMENT-AIDED RAILROADS              

-End-



-CITE-
    45 USC Secs. 81 to 92                                       01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 5 - GOVERNMENT-AIDED RAILROADS

-HEAD-
    Secs. 81 to 92. Repealed. Pub. L. 103-272, Sec. 7(b), July 5, 1994,
      108 Stat. 1379

-MISC1-
      Section 81, R.S. Sec. 5256; Nov. 6, 1978, Pub. L. 95-598, title
    III, Sec. 322(g), 92 Stat. 2679, related to Union Pacific Railroad
    Company, its books, records, correspondence, other documents,
    dividends, stock issuance, mortgages or pledges, and directors or
    officers.
      Section 82, R.S. Sec. 5257, provided for connection of other
    roads with Union Pacific Railroad or any of its branches.
      Section 83, acts July 2, 1864, ch. 216, Sec. 15, 13 Stat. 362;
    June 20, 1874, ch. 331, 18 Stat. 111; Mar. 3, 1911, ch. 231, Sec.
    291, 36 Stat. 1167, provided that companies authorized by Pacific
    Railroad Acts to construct railroads were required to operate roads
    and telegraphs as one continuous line and to afford equal
    advantages and facilities as to rates, time, and transportation to
    the other companies without discrimination.
      Section 84, R.S. Sec. 5258, authorized interstate transport by
    railroads.
      Section 85, R.S. Sec. 5259, related to compensation of directors,
    engineers, commissioners, or other agents appointed by the United
    States to examine roads or to act in conjunction with other
    officers of railroads or other corporations receiving land grants
    or other subsidies.
      Section 86, R.S. Sec. 5260, related to withholding by Secretary
    of the Treasury of payments to certain railroads.
      Section 87, R.S. Sec. 5261; June 25, 1948, ch. 646, Sec. 4, 62
    Stat. 986; Apr. 2, 1982, Pub. L. 97-164, title I, Sec. 161(8), 96
    Stat. 49; Oct. 29, 1992, Pub. L. 102-572, title IX, Sec. 902(b)(2),
    106 Stat. 4516, provided that companies from whom payments for
    freight and transportation had been withheld under provisions of
    section 86 of this title could sue in Court of Federal Claims.
      Section 88, R.S. Sec. 5262; Mar. 3, 1911, ch. 231, Sec. 291, 36
    Stat. 1167, related to jurisdiction of proper United States
    district court to hear and determine all cases of mandamus to
    compel Union Pacific Railroad Company to operate its road.
      Section 89, acts June 22, 1874, ch. 414, 18 Stat. 200; Mar. 3,
    1911, ch. 231, Sec. 291, 36 Stat. 1167, directed Secretary of the
    Treasury to require that railroad companies, their successors and
    assigns, pay United States a percentage of net earnings as provided
    for by law.
      Section 90, act Mar. 3, 1879, ch. 183, Sec. 1, 20 Stat. 420,
    authorized Secretary of the Treasury to settle accounts of Union
    Pacific, Central Pacific, Kansas Pacific, Western Pacific, and
    Sioux City and Pacific Railroad Companies for services provided to
    Government in transporting the Army and mails.
      Section 91, act Mar. 3, 1897, ch. 386, 29 Stat. 663, provided
    that provisions of section 90 of this title were extended and made
    applicable to Navy and Marine Corps transportation.
      Section 92, act Mar. 3, 1901, ch. 831, Sec. 1, 31 Stat. 1023,
    authorized and directed Secretary of the Treasury to settle claims
    stemming from Government transportation over non-bond-aided lines.

-End-



-CITE-
    45 USC Sec. 92a                                             01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 5 - GOVERNMENT-AIDED RAILROADS

-HEAD-
    Sec. 92a. Repealed. Aug. 10, 1956, ch. 1041, Sec. 53, 70A Stat. 641

-MISC1-
      Section 92a, acts Feb. 14, 1933, ch. 51, 47 Stat. 800; Mar. 2,
    1933, ch. 187, 47 Stat. 1424, related to compensation of certain
    railroads for transportation of property and troops of United
    States. See section 10721 of Title 49, Transportation.
      Prior to repeal, section was classified to section 1375b of
    former Title 10, Army and Air Force.

-End-



-CITE-
    45 USC Sec. 93                                              01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 5 - GOVERNMENT-AIDED RAILROADS

-HEAD-
    Sec. 93. Transferred

-COD-
                               CODIFICATION                           
      Section, act Apr. 30, 1908, ch. 153, 35 Stat. 73, relating to
    transportation of Indian goods and supplies, was transferred to
    section 443b of Title 25, Indians.

-End-



-CITE-
    45 USC Secs. 94, 95                                         01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 5 - GOVERNMENT-AIDED RAILROADS

-HEAD-
    Secs. 94, 95. Repealed. Pub. L. 103-272, Sec. 7(b), July 5, 1994,
      108 Stat. 1379

-MISC1-
      Section 94, act Mar. 3, 1887, ch. 345, Sec. 4, 24 Stat. 491,
    authorized Secretary of the Treasury, whenever deemed necessary by
    President, to redeem liens, mortgages, or other incumbrances
    paramount to right, title, or interest of United States in railroad
    property.
      Section 95, act Mar. 3, 1887, ch. 345, Sec. 5, 24 Stat. 492,
    related to permissible investments of sinking funds held to secure
    debts of railroad companies to United States.

-End-


-CITE-
    45 USC CHAPTER 6 - MEDIATION, CONCILIATION, AND
           ARBITRATION IN CONTROVERSIES BETWEEN CARRIERS
           AND EMPLOYEES                                   01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 6 - MEDIATION, CONCILIATION, AND ARBITRATION IN
                 CONTROVERSIES BETWEEN CARRIERS AND EMPLOYEES

-HEAD-
          CHAPTER 6 - MEDIATION, CONCILIATION, AND ARBITRATION IN
               CONTROVERSIES BETWEEN CARRIERS AND EMPLOYEES

-End-



-CITE-
    45 USC Secs. 101 to 125                                     01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 6 - MEDIATION, CONCILIATION, AND ARBITRATION IN
                 CONTROVERSIES BETWEEN CARRIERS AND EMPLOYEES

-HEAD-
    Secs. 101 to 125. Repealed. May 20, 1926, ch. 347, Sec. 14, 44
      Stat. 587

-MISC1-
      Section 101, act July 15, 1913, ch. 6, Sec. 1, 38 Stat. 103,
    related to carriers and shipping affected by application of
    provisions of this chapter. See section 151 et seq. of this title.
      Section 102, act July 15, 1913, ch. 6, Sec. 1, 38 Stat. 103,
    defined "railroad" and "transportation" as used throughout this
    chapter. See section 151 et seq. of this title.
      Section 103, act July 15, 1913, ch. 6, Sec. 1, 38 Stat. 103,
    related to employees affected by application of provisions of this
    chapter. See section 151 et seq. of this title.
      Section 104, act July 15, 1913, ch. 6, Sec. 1, 38 Stat. 103,
    defined "employer" and "employee" as used throughout this chapter.
    See section 151 et seq. of this title.
      Section 105, act July 15, 1913, ch. 6, Sec. 2, 38 Stat. 104,
    related to submission of controversies to the Board of Mediation
    and Conciliation for adjustment. See section 151 et seq. of this
    title.
      Section 106, act July 15, 1913, ch. 6, Sec. 2, 38 Stat. 104,
    related to proffer of services by board in public interest in
    urgent cases. See section 151 et seq. of this title.
      Section 107, act July 15, 1913, ch. 6, Sec. 2, 38 Stat. 104,
    related to application of board's opinions as to meaning of
    agreement after mediation. See section 151 et seq. of this title.
      Section 108, act July 15, 1913, ch. 6, Sec. 3, 38 Stat. 104,
    related to submission of controversies to board of arbitrators and
    selection of members. See section 151 et seq. of this title.
      Section 109, act July 15, 1913, ch. 6, Sec. 4, 38 Stat. 105,
    related to requirements for a valid agreement to arbitrate under
    terms of this chapter. See section 151 et seq. of this title.
      Section 110, act July 15, 1913, ch. 6, Sec. 5, 38 Stat. 106,
    related to authority of arbitrators for purposes of this chapter
    and arbitration hereunder. See section 151 et seq. of this title.
      Section 111, act July 15, 1913, ch. 6, Sec. 6, 38 Stat. 106,
    related to acknowledgement and filing of an agreement of
    arbitration under this chapter. See section 151 et seq. of this
    title.
      Section 112, act July 15, 1913, ch. 6, Sec. 6, 38 Stat. 106,
    related to written notification of appointment to be submitted to
    selected arbitrators. See section 151 et seq. of this title.
      Section 113, act July 15, 1913, ch. 6, Sec. 6, 38 Stat. 106,
    related to notice to Board of Mediation and Conciliation by
    selected arbitrators. See section 151 et seq. of this title.
      Section 114, act July 15, 1913, ch. 6, Sec. 6, 38 Stat. 106,
    related to reconvention of board of arbitration when desired by
    parties. See section 151 et seq. of this title.
      Section 115, act July 15, 1913, ch. 6, Sec. 7, 38 Stat. 106,
    related to organization and procedure of board of arbitration under
    this chapter. See section 151 et seq. of this title.
      Section 116, act July 15, 1913, ch. 6, Sec. 7, 38 Stat. 106,
    related to particular papers bearing on mediation or arbitration
    under former law. See section 151 et seq. of this title.
      Section 117, act July 15, 1913, ch. 6, Sec. 8, 38 Stat. 107,
    related to time when an award under this chapter was to be
    operative. See section 151 et seq. of this title.
      Section 118, act July 15, 1913, ch. 6, Sec. 8, 38 Stat. 107,
    related to procedure for appeal to former circuit court of appeals
    under this chapter. See section 151 et seq. of this title.
      Section 119, act July 15, 1913, ch. 6, Sec. 8, 38 Stat. 107,
    related to finality of a determination of former circuit court of
    appeals. See section 151 et seq. of this title.
      Section 120, act July 15, 1913, ch. 6, Sec. 8, 38 Stat. 107,
    related to judgment on exception to award and judgment by
    agreement. See section 151 et seq. of this title.
      Section 121, act July 15, 1913, ch. 6, Sec. 8, 38 Stat. 107,
    related to compulsory labor under this chapter. See section 151 et
    seq. of this title.
      Section 122, act July 15, 1913, ch. 6, Sec. 9, 38 Stat. 107,
    related to rights of employees under Federal court receivers. See
    section 151 et seq. of this title.
      Section 123, acts July 15, 1913, ch. 6, Sec. 10, 38 Stat. 108;
    June 5, 1920, ch. 235, Sec. 1, 41 Stat. 886, related to pay and
    expenses of arbitrators. See section 151 et seq. of this title.
      Section 124, act July 15, 1913, ch. 6, Sec. 11, 38 Stat. 108,
    related to constitution of United States Board of Mediation and
    Conciliation. See section 151 et seq. of this title.
      Section 125, act July 15, 1913, ch. 6, Sec. 11, 38 Stat. 108,
    related to repeal of certain prior law.

-End-



-CITE-
    45 USC Sec. 126                                             01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 6 - MEDIATION, CONCILIATION, AND ARBITRATION IN
                 CONTROVERSIES BETWEEN CARRIERS AND EMPLOYEES

-HEAD-
    Sec. 126. Repealed. Pub. L. 103-272, Sec. 7(b), July 5, 1994, 108
      Stat. 1379

-MISC1-
      Section, act Dec. 15, 1921, ch. 1, Sec. 1, 42 Stat. 328,
    abolished offices of Commissioner and Assistant Commissioner of
    Mediation and Conciliation.

-End-


-CITE-
    45 USC CHAPTER 7 - ADJUSTMENT BOARDS AND LABOR BOARDS       01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 7 - ADJUSTMENT BOARDS AND LABOR BOARDS

-HEAD-
              CHAPTER 7 - ADJUSTMENT BOARDS AND LABOR BOARDS          

-End-



-CITE-
    45 USC Secs. 131 to 146                                     01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 7 - ADJUSTMENT BOARDS AND LABOR BOARDS

-HEAD-
    Secs. 131 to 146. Repealed. May 20, 1926, ch. 347, Sec. 14, 44
      Stat. 587

-MISC1-
      Section 131, act Feb. 28, 1920, ch. 91, Sec. 300, 41 Stat. 469,
    defined terms for purposes of this chapter. See section 151 et seq.
    of this title.
      Section 132, act Feb. 28, 1920, ch. 91, Sec. 301, 41 Stat. 469,
    related to disputes between carriers and their officers, agents,
    and employees. See section 151 et seq. of this title.
      Section 133, act Feb. 28, 1920, ch. 91, Sec. 302, 41 Stat. 469,
    related to establishment of railroad boards of labor adjustment.
    See section 151 et seq. of this title.
      Section 134, act Feb. 28, 1920, ch. 91, Sec. 303, 41 Stat. 469,
    related to duty of boards to hear and decide disputes. See section
    151 et seq. of this title.
      Section 135, act Feb. 28, 1920, ch. 91, Sec. 304, 41 Stat. 470,
    related to establishment and composition of Railroad Labor Board.
    See section 151 et seq. of this title.
      Section 136, act Feb. 28, 1920, ch. 91, Sec. 305, 41 Stat. 470,
    related to selection of members of board by President. See section
    151 et seq. of this title.
      Section 137, act Feb. 28, 1920, ch. 91, Sec. 306, 41 Stat. 470,
    related to effect of subsequent ineligibility of certain members.
    See section 151 et seq. of this title.
      Section 138, act Feb. 28, 1920, ch. 91, Sec. 306, 41 Stat. 470,
    related to terms of office, salary, and removal from office of
    board members. See section 151 et seq. of this title.
      Section 139, act Feb. 28, 1920, ch. 91, Sec. 307, 41 Stat. 470,
    related to disputes within jurisdiction of board. See section 151
    et seq. of this title.
      Section 140, act Feb. 28, 1920, ch. 91, Sec. 308, 41 Stat. 472,
    related to certain powers and duties of board. See section 151 et
    seq. of this title.
      Section 141, act Feb. 28, 1920, ch. 91, Sec. 309, 41 Stat. 472,
    related to right to hearing by a party in dispute. See section 151
    et seq. of this title.
      Section 142, act Feb. 28, 1920, ch. 91, Sec. 310, 41 Stat. 472,
    related to certain procedural powers of board. See section 151 et
    seq. of this title.
      Section 143, act Feb. 28, 1920, ch. 91, Sec. 311, 41 Stat. 472,
    related to access to books, accounts, and records. See section 151
    et seq. of this title.
      Section 144, act Feb. 28, 1920, ch. 91, Sec. 313, 41 Stat. 473,
    related to determination of violations of decisions of board. See
    section 151 et seq. of this title.
      Section 145, act Feb. 28, 1920, ch. 91, Sec. 314, 41 Stat. 473,
    related to appointment and salary of Secretary of Board. See
    section 151 et seq. of this title.
      Section 146, act Feb. 28, 1920, ch. 91, Sec. 316, 41 Stat. 474,
    related to jurisdiction of adjustment or labor board as excluding
    mediation board. See section 151 et seq. of this title.

-End-


-CITE-
    45 USC CHAPTER 8 - RAILWAY LABOR                            01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 8 - RAILWAY LABOR

-HEAD-
                         CHAPTER 8 - RAILWAY LABOR                     


-MISC1-
                     SUBCHAPTER I - GENERAL PROVISIONS                 
    Sec.                                                     
    151.        Definitions; short title.                             
    151a.       General purposes.                                     
    152.        General duties.                                       
    153.        National Railroad Adjustment Board.                   
    154.        National Mediation Board.                             
    155.        Functions of Mediation Board.                         
    156.        Procedure in changing rates of pay, rules, and working
                 conditions.                                          
    157.        Arbitration.                                          
    158.        Agreement to arbitrate; form and contents; signatures
                 and acknowledgment; revocation.                      
    159.        Award and judgment thereon; effect of chapter on
                 individual employee.                                 
    159a.       Special procedure for commuter service.               
                  (a)  Applicability of provisions.                   
                  (b)  Request for establishment of emergency board.  
                  (c)  Establishment of emergency board.              
                  (d)  Public hearing by National Mediation Board upon
                        failure of emergency board to effectuate
                        settlement of dispute.                        
                  (e)  Establishment of second emergency board.       
                  (f)  Submission of final offers to second emergency
                        board by parties.                             
                  (g)  Report of second emergency board.              
                  (h)  Maintenance of status quo during dispute
                        period.                                       
                  (i)  Work stoppages by employees subsequent to
                        carrier offer selected; eligibility of
                        employees for benefits.                       
                  (j)  Work stoppages by employees subsequent to
                        employees offer selected; eligibility of
                        employer for benefits.                        
    160.        Emergency board.                                      
    161.        Effect of partial invalidity of chapter.              
    162.        Authorization of appropriations.                      
    163.        Repeal of prior legislation; exception.               
    164.        Repealed.                                             

                      SUBCHAPTER II - CARRIERS BY AIR                  
    181.        Application of subchapter I to carriers by air.       
    182.        Duties, penalties, benefits, and privileges of
                 subchapter I applicable.                             
    183.        Disputes within jurisdiction of Mediation Board.      
    184.        System, group, or regional boards of adjustment.      
    185.        National Air Transport Adjustment Board.              
    186.        Omitted.                                              
    187.        Separability.                                         
    188.        Authorization of appropriations.                      

-End-


-CITE-
    45 USC SUBCHAPTER I - GENERAL PROVISIONS                    01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 8 - RAILWAY LABOR
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
                     SUBCHAPTER I - GENERAL PROVISIONS                 

-End-



-CITE-
    45 USC Sec. 151                                             01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 8 - RAILWAY LABOR
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 151. Definitions; short title

-STATUTE-
      When used in this chapter and for the purposes of this chapter - 
      First. The term "carrier" includes any railroad subject to the
    jurisdiction of the Surface Transportation Board, any express
    company that would have been subject to subtitle IV of title 49, as
    of December 31, 1995,,(!1) and any company which is directly or
    indirectly owned or controlled by or under common control with any
    carrier by railroad and which operates any equipment or facilities
    or performs any service (other than trucking service) in connection
    with the transportation, receipt, delivery, elevation, transfer in
    transit, refrigeration or icing, storage, and handling of property
    transported by railroad, and any receiver, trustee, or other
    individual or body, judicial or otherwise, when in the possession
    of the business of any such "carrier": Provided, however, That the
    term "carrier" shall not include any street, interurban, or
    suburban electric railway, unless such railway is operating as a
    part of a general steam-railroad system of transportation, but
    shall not exclude any part of the general steam-railroad system of
    transportation now or hereafter operated by any other motive power.
    The Surface Transportation Board is authorized and directed upon
    request of the Mediation Board or upon complaint of any party
    interested to determine after hearing whether any line operated by
    electric power falls within the terms of this proviso. The term
    "carrier" shall not include any company by reason of its being
    engaged in the mining of coal, the supplying of coal to a carrier
    where delivery is not beyond the mine tipple, and the operation of
    equipment or facilities therefor, or in any of such activities.

      Second. The term "Adjustment Board" means the National Railroad
    Adjustment Board created by this chapter.
      Third. The term "Mediation Board" means the National Mediation
    Board created by this chapter.
      Fourth. The term "commerce" means commerce among the several
    States or between any State, Territory, or the District of Columbia
    and any foreign nation, or between any Territory or the District of
    Columbia and any State, or between any Territory and any other
    Territory, or between any Territory and the District of Columbia,
    or within any Territory or the District of Columbia, or between
    points in the same State but through any other State or any
    Territory or the District of Columbia or any foreign nation.
      Fifth. The term "employee" as used herein includes every person
    in the service of a carrier (subject to its continuing authority to
    supervise and direct the manner of rendition of his service) who
    performs any work defined as that of an employee or subordinate
    official in the orders of the Surface Transportation Board now in
    effect, and as the same may be amended or interpreted by orders
    hereafter entered by the Board pursuant to the authority which is
    conferred upon it to enter orders amending or interpreting such
    existing orders: Provided, however, That no occupational
    classification made by order of the Surface Transportation Board
    shall be construed to define the crafts according to which railway
    employees may be organized by their voluntary action, nor shall the
    jurisdiction or powers of such employee organizations be regarded
    as in any way limited or defined by the provisions of this chapter
    or by the orders of the Board.
      The term "employee" shall not include any individual while such
    individual is engaged in the physical operations consisting of the
    mining of coal, the preparation of coal, the handling (other than
    movement by rail with standard railroad locomotives) of coal not
    beyond the mine tipple, or the loading of coal at the tipple.
      Sixth. The term "representative" means any person or persons,
    labor union, organization, or corporation designated either by a
    carrier or group of carriers or by its or their employees, to act
    for it or them.
      Seventh. The term "district court" includes the United States
    District Court for the District of Columbia; and the term "court of
    appeals" includes the United States Court of Appeals for the
    District of Columbia.
      This chapter may be cited as the "Railway Labor Act."

-SOURCE-
    (May 20, 1926, ch. 347, Sec. 1, 44 Stat. 577; June 7, 1934, ch.
    426, 48 Stat. 926; June 21, 1934, ch. 691, Sec. 1, 48 Stat. 1185;
    June 25, 1936, ch. 804, 49 Stat. 1921; Aug. 13, 1940, ch. 664,
    Secs. 2, 3, 54 Stat. 785, 786; June 25, 1948, ch. 646, Sec. 32(a),
    (b), 62 Stat. 991; May 24, 1949, ch. 139, Sec. 127, 63 Stat. 107;
    Pub. L. 104-88, title III, Sec. 322, Dec. 29, 1995, 109 Stat. 950;
    Pub. L. 104-264, title XII, Sec. 1223, Oct. 9, 1996, 110 Stat.
    3287.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in text, was in the original "this
    Act", meaning act May 20, 1926, ch. 347, 44 Stat. 577, as amended,
    known as the Railway Labor Act, which enacted this chapter and
    amended sections 225 and 348 of former Title 28, Judicial Code and
    Judiciary. Sections 225 and 348 of former Title 28 were repealed by
    section 39 of act June 25, 1948, ch. 646, 62 Stat. 992, section 1
    of which enacted Title 28, Judiciary and Judicial Procedure.
    Section 225 of former Title 28 was reenacted as sections 1291 to
    1294 of Title 28. For complete classification of this Act to the
    Code, see this section and Tables.

-COD-
                               CODIFICATION                           
      Provisions of act Aug. 13, 1940, Sec. 2, similar to those
    comprising par. First of this section, limiting the term "employer"
    as applied to mining, etc., of coal, were formerly contained in
    section 228a of this title. Provisions of section 3 of the act,
    similar to those comprising par. Fifth of this section, limiting
    the term "employee" as applied to mining, etc., of coal, were
    formerly contained in sections 228a, 261, and 351 of this title,
    and section 1532 of former Title 26, Internal Revenue Code, 1939.
      As originally enacted, par. Seventh contained references to the
    Supreme Court of the District of Columbia. Act June 25, 1936
    substituted "the district court of the United States for the
    District of Columbia" for "the Supreme Court of the District of
    Columbia", and act June 25, 1948, as amended by act May 24, 1949,
    substituted "United States District Court for the District of
    Columbia" for "district court of the United States for the District
    of Columbia".
      As originally enacted, par. Seventh contained references to the
    "circuit court of appeals". Act June 25, 1948, as amended by act
    May 24, 1949, substituted "court of appeals" for "circuit court of
    appeals".
      As originally enacted, par. Seventh contained references to the
    "Court of Appeals of the District of Columbia". Act June 7, 1934,
    substituted "United States Court of Appeals for the District of
    Columbia" for "Court of Appeals of the District of Columbia".


-MISC1-
                                AMENDMENTS                            
      1996 - Par. First. Pub. L. 104-264 inserted ", any express
    company that would have been subject to subtitle IV of title 49, as
    of December 31, 1995," after "Board" the first place it appeared.
      1995 - Par. First. Pub. L. 104-88, Sec. 322(1), (2), substituted
    "railroad subject to the jurisdiction of the Surface Transportation
    Board" for "express company, sleeping-car company, carrier by
    railroad, subject to the Interstate Commerce Act" and "Surface
    Transportation Board" for "Interstate Commerce Commission".
      Par. Fifth. Pub. L. 104-88, Sec. 322(2), (3), substituted
    "Surface Transportation Board" for "Interstate Commerce Commission"
    in two places and "Board" for "Commission" in two places.
      1940 - Act Aug. 13, 1940, inserted last sentence of par. First,
    and second par. of par. Fifth.
      1934 - Act June 21, 1934, added par. Sixth and redesignated
    provisions formerly set out as par. Sixth as Seventh.

                     EFFECTIVE DATE OF 1996 AMENDMENT                 
      Except as otherwise specifically provided, amendment by Pub. L.
    104-264 applicable only to fiscal years beginning after Sept. 30,
    1996, and not to be construed as affecting funds made available for
    a fiscal year ending before Oct. 1, 1996, see section 3 of Pub. L.
    104-264, set out as a note under section 106 of Title 49,
    Transportation.

                     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.

         RESTRICTION ON ESTABLISHMENT OF NEW ANNUITIES OR PENSIONS     
      Pub. L. 91-215, Sec. 7, Mar. 17, 1970, 84 Stat. 72, provided
    that: "No carrier and no representative of employees, as defined in
    section 1 of the Railway Labor Act [this section], shall, before
    April 1, 1974, utilize any of the procedures of such Act [this
    chapter], to seek to make any changes in the provisions of the
    Railroad Retirement Act of 1937 [section 228a et seq. of this
    title] for supplemental annuities or to establish any new class of
    pensions or annuities, other than annuities payable out of the
    Railroad Retirement Account provided under section 15(a) of the
    Railroad Retirement Act of 1937 [subsection (a) of section 228o of
    this title], to become effective prior to July 1, 1974; nor shall
    any such carrier or representative of employees until July 1, 1974,
    engage in any strike or lockout to seek to make any such changes or
    to establish any such new class of pensions or annuities: Provided,
    That nothing in this section shall inhibit any carrier or
    representative of employees from seeking any change with respect to
    benefits payable out of the Railroad Retirement Account provided
    under section 15(a) of the Railroad Retirement Act of 1937
    [subsection (a) of section 228o of this title]."

       SOCIAL INSURANCE AND LABOR RELATIONS OF RAILROAD COAL-MINING
    EMPLOYEES; RETROACTIVE OPERATION OF ACT AUGUST 13, 1940; EFFECT ON
                          PAYMENTS, RIGHTS, ETC.
      Sections 4-7 of act Aug. 13, 1940, as amended by Reorg. Plan No.
    2 of 1946, Sec. 4, eff. July 16, 1946, 11 F.R. 7873, 60 Stat. 1095,
    with regard to the operation and effect of the laws amended,
    provided:
      "Sec. 4. (a) The laws hereby expressly amended (section 1532 of
    Title 26, I.R.C. 1939 [former Title 26, Internal Revenue Code of
    1939] and sections 151, 215, 228a, 261, and 351 of this title), the
    Social Security Act, approved August 14, 1935 (section 301 et seq.
    of Title 42), and all amendments thereto, shall operate as if each
    amendment herein contained had been enacted as a part of the law it
    amends, at the time of the original enactment of such law.
      "(b) No person (as defined in the Carriers Taxing Act of 1937
    [section 261 et seq. of this title]) shall be entitled, by reason
    of the provisions of this Act, to a refund of, or relief from
    liability for, any income or excise taxes paid or accrued, pursuant
    to the provisions of the Carriers Taxing Act of 1937 or subchapter
    B of chapter 9 of the Internal Revenue Code [section 1500 et seq.
    of former Title 26, Internal Revenue Code of 1939], prior to the
    date of the enactment of this Act [Aug. 13, 1940] by reason of
    employment in the service of any carrier by railroad subject to
    part I of the Interstate Commerce Act [former 49 U.S.C. 1 et seq.],
    but any individual who has been employed in such service of any
    carrier by railroad subject to part I of the Interstate Commerce
    Act as is excluded by the amendments made by this Act from coverage
    under the Carriers Taxing Act of 1937 and subchapter B of chapter 9
    of the Internal Revenue Code, and who has paid income taxes under
    the provisions of such Act or subchapter, and any carrier by
    railroad subject to part I of the Interstate Commerce Act which has
    paid excise taxes under the provisions of the Carriers Taxing Act
    of 1937 or subchapter B of chapter 9 of the Internal Revenue Code,
    may, upon making proper application therefor to the Bureau of
    Internal Revenue [now Internal Revenue Service], have the amount of
    taxes so paid applied in reduction of such tax liability with
    respect to employment, as may, by reason of the amendments made by
    this Act, accrue against them under the provisions of title VIII of
    the Social Security Act [section 1001 et seq. of Title 42] or the
    Federal Insurance Contributions Act (subchapter A of chapter 9 of
    the Internal Revenue Code) [section 1400 et seq. of former Title
    26].
      "(c) Nothing contained in this Act shall operate (1) to affect
    any annuity, pension, or death benefit granted under the Railroad
    Retirement Act of 1935 [section 215 et seq. of this title] or the
    Railroad Retirement Act of 1937 [section 228a et seq. of this
    title], prior to the date of enactment of this Act [Aug. 13, 1940],
    or (2) to include any of the services on the basis of which any
    such annuity or pension was granted, as employment within the
    meaning of section 210(b) of the Social Security Act or section
    209(b) of such Act, as amended [sections 410(b) and 409(b),
    respectively, of Title 42]. In any case in which a death benefit
    alone has been granted, the amount of such death benefit
    attributable to services, coverage of which is affected by this
    Act, shall be deemed to have been paid to the deceased under
    section 204 of the Social Security Act [section 404 of Title 42] in
    effect prior to January 1, 1940, and deductions shall be made from
    any insurance benefit or benefits payable under the Social Security
    Act, as amended [section 301 et seq. of Title 42], with respect to
    wages paid to an individual for such services until such deductions
    total the amount of such death benefit attributable to such
    services.
      "(d) Nothing contained in this Act shall operate to affect the
    benefit rights of any individual under the Railroad Unemployment
    Insurance Act [section 351 et seq. of this title] for any day of
    unemployment (as defined in section 1(k) of such Act [section
    351(k) of this title]) occurring prior to the date of enactment of
    this Act. [Aug. 13, 1940]
      "Sec. 5. Any application for payment filed with the Railroad
    Retirement Board prior to, or within sixty days after, the
    enactment of this Act shall, under such regulations as the Federal
    Security Administrator may prescribe, be deemed to be an
    application filed with the Federal Security Administrator by such
    individual or by any person claiming any payment with respect to
    the wages of such individual, under any provision of section 202 of
    the Social Security Act, as amended [section 402 of Title 42].
      "Sec. 6. Nothing contained in this Act, nor the action of
    Congress in adopting it, shall be taken or considered as affecting
    the question of what carriers, companies, or individuals, other
    than those in this Act specifically provided for, are included in
    or excluded from the provisions of the various laws to which this
    Act is an amendment.
      "Sec. 7. (a) Notwithstanding the provisions of section 1605(b) of
    the Internal Revenue Code [section 1605(b) of former Title 26,
    Internal Revenue Code of 1939], no interest shall, during the
    period February 1, 1940, to the eighty-ninth day after the date of
    enactment of this Act [Aug. 13, 1940], inclusive, accrue by reason
    of delinquency in the payment of the tax imposed by section 1600
    with respect to services affected by this Act performed during the
    period July 1, 1939, to December 31, 1939, inclusive, with respect
    to which services amounts have been paid as contributions under the
    Railroad Unemployment Insurance Act [section 351 et seq. of this
    title] prior to the date of enactment of this Act.
      "(b) Notwithstanding the provisions of section 1601(a)(3) of the
    Internal Revenue Code [section 1601(a)(3) of former Title 26,
    Internal Revenue Code of 1939], the credit allowable under section
    1601(a) against the tax imposed by section 1600 for the calendar
    year 1939 shall not be disallowed or reduced by reason of the
    payment into a State unemployment fund after January 31, 1940, of
    contributions with respect to services affected by this Act
    performed during the period July 1, 1939, to December 31, 1939,
    inclusive, with respect to which services amounts have been paid as
    contributions under the Railroad Unemployment Insurance Act
    [section 351 et seq. of this title] prior to the date of enactment
    of this Act [Aug. 13, 1940]: Provided, That this subsection shall
    be applicable only if the contributions with respect to such
    services are paid into the State unemployment fund before the
    ninetieth day after the date of enactment of this Act."

-FOOTNOTE-
    (!1) So in original.


-End-



-CITE-
    45 USC Sec. 151a                                            01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 8 - RAILWAY LABOR
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 151a. General purposes

-STATUTE-
      The purposes of the chapter are: (1) To avoid any interruption to
    commerce or to the operation of any carrier engaged therein; (2) to
    forbid any limitation upon freedom of association among employees
    or any denial, as a condition of employment or otherwise, of the
    right of employees to join a labor organization; (3) to provide for
    the complete independence of carriers and of employees in the
    matter of self-organization to carry out the purposes of this
    chapter; (4) to provide for the prompt and orderly settlement of
    all disputes concerning rates of pay, rules, or working conditions;
    (5) to provide for the prompt and orderly settlement of all
    disputes growing out of grievances or out of the interpretation or
    application of agreements covering rates of pay, rules, or working
    conditions.

-SOURCE-
    (May 20, 1926, ch. 347, Sec. 2, 44 Stat. 577; June 21, 1934, ch.
    691, Sec. 2, 48 Stat. 1186.)

-COD-
                               CODIFICATION                           
      Section is comprised of the first sentence of section 2 of act
    May 20, 1926. The remainder of section 2 of act May 20, 1926, is
    classified to section 152 of this title.


-MISC1-
                                AMENDMENTS                            
      1934 - Act June 21, 1934, reenacted provisions comprising this
    section without change.

-End-



-CITE-
    45 USC Sec. 152                                             01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 8 - RAILWAY LABOR
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 152. General duties

-STATUTE-
    First. Duty of carriers and employees to settle disputes
      It shall be the duty of all carriers, their officers, agents, and
    employees to exert every reasonable effort to make and maintain
    agreements concerning rates of pay, rules, and working conditions,
    and to settle all disputes, whether arising out of the application
    of such agreements or otherwise, in order to avoid any interruption
    to commerce or to the operation of any carrier growing out of any
    dispute between the carrier and the employees thereof.
    Second. Consideration of disputes by representatives
      All disputes between a carrier or carriers and its or their
    employees shall be considered, and, if possible, decided, with all
    expedition, in conference between representatives designated and
    authorized so to confer, respectively, by the carrier or carriers
    and by the employees thereof interested in the dispute.
    Third. Designation of representatives
      Representatives, for the purposes of this chapter, shall be
    designated by the respective parties without interference,
    influence, or coercion by either party over the designation of
    representatives by the other; and neither party shall in any way
    interfere with, influence, or coerce the other in its choice of
    representatives. Representatives of employees for the purposes of
    this chapter need not be persons in the employ of the carrier, and
    no carrier shall, by interference, influence, or coercion seek in
    any manner to prevent the designation by its employees as their
    representatives of those who or which are not employees of the
    carrier.
    Fourth. Organization and collective bargaining; freedom from
      interference by carrier; assistance in organizing or maintaining
      organization by carrier forbidden; deduction of dues from wages
      forbidden
      Employees shall have the right to organize and bargain
    collectively through representatives of their own choosing. The
    majority of any craft or class of employees shall have the right to
    determine who shall be the representative of the craft or class for
    the purposes of this chapter. No carrier, its officers, or agents
    shall deny or in any way question the right of its employees to
    join, organize, or assist in organizing the labor organization of
    their choice, and it shall be unlawful for any carrier to interfere
    in any way with the organization of its employees, or to use the
    funds of the carrier in maintaining or assisting or contributing to
    any labor organization, labor representative, or other agency of
    collective bargaining, or in performing any work therefor, or to
    influence or coerce employees in an effort to induce them to join
    or remain or not to join or remain members of any labor
    organization, or to deduct from the wages of employees any dues,
    fees, assessments, or other contributions payable to labor
    organizations, or to collect or to assist in the collection of any
    such dues, fees, assessments, or other contributions: Provided,
    That nothing in this chapter shall be construed to prohibit a
    carrier from permitting an employee, individually, or local
    representatives of employees from conferring with management during
    working hours without loss of time, or to prohibit a carrier from
    furnishing free transportation to its employees while engaged in
    the business of a labor organization.
    Fifth. Agreements to join or not to join labor organizations
      forbidden
      No carrier, its officers, or agents shall require any person
    seeking employment to sign any contract or agreement promising to
    join or not to join a labor organization; and if any such contract
    has been enforced prior to the effective date of this chapter, then
    such carrier shall notify the employees by an appropriate order
    that such contract has been discarded and is no longer binding on
    them in any way.
    Sixth. Conference of representatives; time; place; private
      agreements
      In case of a dispute between a carrier or carriers and its or
    their employees, arising out of grievances or out of the
    interpretation or application of agreements concerning rates of
    pay, rules, or working conditions, it shall be the duty of the
    designated representative or representatives of such carrier or
    carriers and of such employees, within ten days after the receipt
    of notice of a desire on the part of either party to confer in
    respect to such dispute, to specify a time and place at which such
    conference shall be held: Provided, (1) That the place so specified
    shall be situated upon the line of the carrier involved or as
    otherwise mutually agreed upon; and (2) that the time so specified
    shall allow the designated conferees reasonable opportunity to
    reach such place of conference, but shall not exceed twenty days
    from the receipt of such notice: And provided further, That nothing
    in this chapter shall be construed to supersede the provisions of
    any agreement (as to conferences) then in effect between the
    parties.
    Seventh. Change in pay, rules, or working conditions contrary to
      agreement or to section 156 forbidden
      No carrier, its officers, or agents shall change the rates of
    pay, rules, or working conditions of its employees, as a class, as
    embodied in agreements except in the manner prescribed in such
    agreements or in section 156 of this title.
    Eighth. Notices of manner of settlement of disputes; posting
      Every carrier shall notify its employees by printed notices in
    such form and posted at such times and places as shall be specified
    by the Mediation Board that all disputes between the carrier and
    its employees will be handled in accordance with the requirements
    of this chapter, and in such notices there shall be printed
    verbatim, in large type, the third, fourth, and fifth paragraphs of
    this section. The provisions of said paragraphs are made a part of
    the contract of employment between the carrier and each employee,
    and shall be held binding upon the parties, regardless of any other
    express or implied agreements between them.
    Ninth. Disputes as to identity of representatives; designation by
      Mediation Board; secret elections
      If any dispute shall arise among a carrier's employees as to who
    are the representatives of such employees designated and authorized
    in accordance with the requirements of this chapter, it shall be
    the duty of the Mediation Board, upon request of either party to
    the dispute, to investigate such dispute and to certify to both
    parties, in writing, within thirty days after the receipt of the
    invocation of its services, the name or names of the individuals or
    organizations that have been designated and authorized to represent
    the employees involved in the dispute, and certify the same to the
    carrier. Upon receipt of such certification the carrier shall treat
    with the representative so certified as the representative of the
    craft or class for the purposes of this chapter. In such an
    investigation, the Mediation Board shall be authorized to take a
    secret ballot of the employees involved, or to utilize any other
    appropriate method of ascertaining the names of their duly
    designated and authorized representatives in such manner as shall
    insure the choice of representatives by the employees without
    interference, influence, or coercion exercised by the carrier. In
    the conduct of any election for the purposes herein indicated the
    Board shall designate who may participate in the election and
    establish the rules to govern the election, or may appoint a
    committee of three neutral persons who after hearing shall within
    ten days designate the employees who may participate in the
    election. The Board shall have access to and have power to make
    copies of the books and records of the carriers to obtain and
    utilize such information as may be deemed necessary by it to carry
    out the purposes and provisions of this paragraph.
    Tenth. Violations; prosecution and penalties
      The willful failure or refusal of any carrier, its officers or
    agents, to comply with the terms of the third, fourth, fifth,
    seventh, or eighth paragraph of this section shall be a
    misdemeanor, and upon conviction thereof the carrier, officer, or
    agent offending shall be subject to a fine of not less than $1,000,
    nor more than $20,000, or imprisonment for not more than six
    months, or both fine and imprisonment, for each offense, and each
    day during which such carrier, officer, or agent shall willfully
    fail or refuse to comply with the terms of the said paragraphs of
    this section shall constitute a separate offense. It shall be the
    duty of any United States attorney to whom any duly designated
    representative of a carrier's employees may apply to institute in
    the proper court and to prosecute under the direction of the
    Attorney General of the United States, all necessary proceedings
    for the enforcement of the provisions of this section, and for the
    punishment of all violations thereof and the costs and expenses of
    such prosecution shall be paid out of the appropriation for the
    expenses of the courts of the United States: Provided, That nothing
    in this chapter shall be construed to require an individual
    employee to render labor or service without his consent, nor shall
    anything in this chapter be construed to make the quitting of his
    labor by an individual employee an illegal act; nor shall any court
    issue any process to compel the performance by an individual
    employee of such labor or service, without his consent.
    Eleventh. Union security agreements; check-off
      Notwithstanding any other provisions of this chapter, or of any
    other statute or law of the United States, or Territory thereof, or
    of any State, any carrier or carriers as defined in this chapter
    and a labor organization or labor organizations duly designated and
    authorized to represent employees in accordance with the
    requirements of this chapter shall be permitted - 
        (a) to make agreements, requiring, as a condition of continued
      employment, that within sixty days following the beginning of
      such employment, or the effective date of such agreements,
      whichever is the later, all employees shall become members of the
      labor organization representing their craft or class: Provided,
      That no such agreement shall require such condition of employment
      with respect to employees to whom membership is not available
      upon the same terms and conditions as are generally applicable to
      any other member or with respect to employees to whom membership
      was denied or terminated for any reason other than the failure of
      the employee to tender the periodic dues, initiation fees, and
      assessments (not including fines and penalties) uniformly
      required as a condition of acquiring or retaining membership.
        (b) to make agreements providing for the deduction by such
      carrier or carriers from the wages of its or their employees in a
      craft or class and payment to the labor organization representing
      the craft or class of such employees, of any periodic dues,
      initiation fees, and assessments (not including fines and
      penalties) uniformly required as a condition of acquiring or
      retaining membership: Provided, That no such agreement shall be
      effective with respect to any individual employee until he shall
      have furnished the employer with a written assignment to the
      labor organization of such membership dues, initiation fees, and
      assessments, which shall be revocable in writing after the
      expiration of one year or upon the termination date of the
      applicable collective agreement, whichever occurs sooner.
        (c) The requirement of membership in a labor organization in an
      agreement made pursuant to subparagraph (a) of this paragraph
      shall be satisfied, as to both a present or future employee in
      engine, train, yard, or hostling service, that is, an employee
      engaged in any of the services or capacities covered in the First
      division of paragraph (h) of section 153 of this title defining
      the jurisdictional scope of the First Division of the National
      Railroad Adjustment Board, if said employee shall hold or acquire
      membership in any one of the labor organizations, national in
      scope, organized in accordance with this chapter and admitting to
      membership employees of a craft or class in any of said services;
      and no agreement made pursuant to subparagraph (b) of this
      paragraph shall provide for deductions from his wages for
      periodic dues, initiation fees, or assessments payable to any
      labor organization other than that in which he holds membership:
      Provided, however, That as to an employee in any of said services
      on a particular carrier at the effective date of any such
      agreement on a carrier, who is not a member of any one of the
      labor organizations, national in scope, organized in accordance
      with this chapter and admitting to membership employees of a
      craft or class in any of said services, such employee, as a
      condition of continuing his employment, may be required to become
      a member of the organization representing the craft in which he
      is employed on the effective date of the first agreement
      applicable to him: Provided, further, That nothing herein or in
      any such agreement or agreements shall prevent an employee from
      changing membership from one organization to another organization
      admitting to membership employees of a craft or class in any of
      said services.
        (d) Any provisions in paragraphs Fourth and Fifth of this
      section in conflict herewith are to the extent of such conflict
      amended.

-SOURCE-
    (May 20, 1926, ch. 347, Sec. 2, 44 Stat. 577; June 21, 1934, ch.
    691, Sec. 2, 48 Stat. 1186; June 25, 1948, ch. 646, Sec. 1, 62
    Stat. 909; Jan. 10, 1951, ch. 1220, 64 Stat. 1238.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The effective date of this chapter, referred to in par. Fifth,
    probably means May 20, 1926, the date of approval of act May 20,
    1926, ch. 347, 44 Stat. 577.

-COD-
                               CODIFICATION                           
      Section is comprised of pars. designated First to Eleventh of
    section 2 of act May 20, 1926. The remainder of section 2 of act
    May 20, 1926, is classified to section 151a of this title.


-MISC1-
                                AMENDMENTS                            
      1951 - Act Jan. 10, 1951, added par. Eleventh.
      1934 - Act June 21, 1934, substituted "by the carrier or
    carriers" for "by the carriers" in par. Second, generally amended
    pars. Third, Fourth, and Fifth, and added pars. Sixth to Tenth.

-CHANGE-
                              CHANGE OF NAME                          
      Act June 25, 1948, eff. Sept. 1, 1948, substituted "United States
    attorney" for "district attorney of the United States". See section
    541 of Title 28, Judiciary and Judicial Procedure, and Historical
    and Revision Notes thereunder.

-End-



-CITE-
    45 USC Sec. 153                                             01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 8 - RAILWAY LABOR
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 153. National Railroad Adjustment Board

-STATUTE-
    First. Establishment; composition; powers and duties; divisions;
      hearings and awards; judicial review
      There is established a Board, to be known as the "National
    Railroad Adjustment Board", the members of which shall be selected
    within thirty days after June 21, 1934, and it is provided - 
      (a) That the said Adjustment Board shall consist of thirty-four
    members, seventeen of whom shall be selected by the carriers and
    seventeen by such labor organizations of the employees, national in
    scope, as have been or may be organized in accordance with the
    provisions of sections 151a and 152 of this title.
      (b) The carriers, acting each through its board of directors or
    its receiver or receivers, trustee or trustees, or through an
    officer or officers designated for that purpose by such board,
    trustee or trustees, or receiver or receivers, shall prescribe the
    rules under which its representatives shall be selected and shall
    select the representatives of the carriers on the Adjustment Board
    and designate the division on which each such representative shall
    serve, but no carrier or system of carriers shall have more than
    one voting representative on any division of the Board.
      (c) Except as provided in the second paragraph of subsection (h)
    of this section, the national labor organizations, as defined in
    paragraph (a) of this section, acting each through the chief
    executive or other medium designated by the organization or
    association thereof, shall prescribe the rules under which the
    labor members of the Adjustment Board shall be selected and shall
    select such members and designate the division on which each member
    shall serve; but no labor organization shall have more than one
    voting representative on any division of the Board.
      (d) In case of a permanent or temporary vacancy on the Adjustment
    Board, the vacancy shall be filled by selection in the same manner
    as in the original selection.
      (e) If either the carriers or the labor organizations of the
    employees fail to select and designate representatives to the
    Adjustment Board, as provided in paragraphs (b) and (c) of this
    section, respectively, within sixty days after June 21, 1934, in
    case of any original appointment to office of a member of the
    Adjustment Board, or in case of a vacancy in any such office within
    thirty days after such vacancy occurs, the Mediation Board shall
    thereupon directly make the appointment and shall select an
    individual associated in interest with the carriers or the group of
    labor organizations of employees, whichever he is to represent.
      (f) In the event a dispute arises as to the right of any national
    labor organization to participate as per paragraph (c) of this
    section in the selection and designation of the labor members of
    the Adjustment Board, the Secretary of Labor shall investigate the
    claim of such labor organization to participate, and if such claim
    in the judgment of the Secretary of Labor has merit, the Secretary
    shall notify the Mediation Board accordingly, and within ten days
    after receipt of such advice the Mediation Board shall request
    those national labor organizations duly qualified as per paragraph
    (c) of this section to participate in the selection and designation
    of the labor members of the Adjustment Board to select a
    representative. Such representative, together with a representative
    likewise designated by the claimant, and a third or neutral party
    designated by the Mediation Board, constituting a board of three,
    shall within thirty days after the appointment of the neutral
    member, investigate the claims of the labor organization desiring
    participation and decide whether or not it was organized in
    accordance with sections 151a and 152 of this title and is
    otherwise properly qualified to participate in the selection of the
    labor members of the Adjustment Board, and the findings of such
    boards of three shall be final and binding.
      (g) Each member of the Adjustment Board shall be compensated by
    the party or parties he is to represent. Each third or neutral
    party selected under the provisions of paragraph (f) of this
    section shall receive from the Mediation Board such compensation as
    the Mediation Board may fix, together with his necessary traveling
    expenses and expenses actually incurred for subsistence, or per
    diem allowance in lieu thereof, subject to the provisions of law
    applicable thereto, while serving as such third or neutral party.
      (h) The said Adjustment Board shall be composed of four
    divisions, whose proceedings shall be independent of one another,
    and the said divisions as well as the number of their members shall
    be as follows:
      First division: To have jurisdiction over disputes involving
    train- and yard-service employees of carriers; that is, engineers,
    firemen, hostlers, and outside hostler helpers, conductors,
    trainmen, and yard-service employees. This division shall consist
    of eight members, four of whom shall be selected and designated by
    the carriers and four of whom shall be selected and designated by
    the labor organizations, national in scope and organized in
    accordance with sections 151a and 152 of this title and which
    represent employees in engine, train, yard, or hostling service:
    Provided, however, That each labor organization shall select and
    designate two members on the First Division and that no labor
    organization shall have more than one vote in any proceedings of
    the First Division or in the adoption of any award with respect to
    any dispute submitted to the First Division: Provided further,
    however, That the carrier members of the First Division shall cast
    no more than two votes in any proceedings of the division or in the
    adoption of any award with respect to any dispute submitted to the
    First Division.
      Second division: To have jurisdiction over disputes involving
    machinists, boilermakers, blacksmiths, sheet-metal workers,
    electrical workers, carmen, the helpers and apprentices of all the
    foregoing, coach cleaners, power-house employees, and railroad-shop
    laborers. This division shall consist of ten members, five of whom
    shall be selected by the carriers and five by the national labor
    organizations of the employees.
      Third division: To have jurisdiction over disputes involving
    station, tower, and telegraph employees, train dispatchers,
    maintenance-of-way men, clerical employees, freight handlers,
    express, station, and store employees, signal men, sleeping-car
    conductors, sleeping-car porters, and maids and dining-car
    employees. This division shall consist of ten members, five of whom
    shall be selected by the carriers and five by the national labor
    organizations of employees.
      Fourth division: To have jurisdiction over disputes involving
    employees of carriers directly or indirectly engaged in
    transportation of passengers or property by water, and all other
    employees of carriers over which jurisdiction is not given to the
    first, second, and third divisions. This division shall consist of
    six members, three of whom shall be selected by the carriers and
    three by the national labor organizations of the employees.
      (i) The disputes between an employee or group of employees and a
    carrier or carriers growing out of grievances or out of the
    interpretation or application of agreements concerning rates of
    pay, rules, or working conditions, including cases pending and
    unadjusted on June 21, 1934, shall be handled in the usual manner
    up to and including the chief operating officer of the carrier
    designated to handle such disputes; but, failing to reach an
    adjustment in this manner, the disputes may be referred by petition
    of the parties or by either party to the appropriate division of
    the Adjustment Board with a full statement of the facts and all
    supporting data bearing upon the disputes.
      (j) Parties may be heard either in person, by counsel, or by
    other representatives, as they may respectively elect, and the
    several divisions of the Adjustment Board shall give due notice of
    all hearings to the employee or employees and the carrier or
    carriers involved in any disputes submitted to them.
      (k) Any division of the Adjustment Board shall have authority to
    empower two or more of its members to conduct hearings and make
    findings upon disputes, when properly submitted, at any place
    designated by the division: Provided, however, That except as
    provided in paragraph (h) of this section, final awards as to any
    such dispute must be made by the entire division as hereinafter
    provided.
      (l) Upon failure of any division to agree upon an award because
    of a deadlock or inability to secure a majority vote of the
    division members, as provided in paragraph (n) of this section,
    then such division shall forthwith agree upon and select a neutral
    person, to be known as "referee", to sit with the division as a
    member thereof, and make an award. Should the division fail to
    agree upon and select a referee within ten days of the date of the
    deadlock or inability to secure a majority vote, then the division,
    or any member thereof, or the parties or either party to the
    dispute may certify that fact to the Mediation Board, which Board
    shall, within ten days from the date of receiving such certificate,
    select and name the referee to sit with the division as a member
    thereof and make an award. The Mediation Board shall be bound by
    the same provisions in the appointment of these neutral referees as
    are provided elsewhere in this chapter for the appointment of
    arbitrators and shall fix and pay the compensation of such
    referees.
      (m) The awards of the several divisions of the Adjustment Board
    shall be stated in writing. A copy of the awards shall be furnished
    to the respective parties to the controversy, and the awards shall
    be final and binding upon both parties to the dispute. In case a
    dispute arises involving an interpretation of the award, the
    division of the board upon request of either party shall interpret
    the award in the light of the dispute.
      (n) A majority vote of all members of the division of the
    Adjustment Board eligible to vote shall be competent to make an
    award with respect to any dispute submitted to it.
      (o) In case of an award by any division of the Adjustment Board
    in favor of petitioner, the division of the Board shall make an
    order, directed to the carrier, to make the award effective and, if
    the award includes a requirement for the payment of money, to pay
    to the employee the sum to which he is entitled under the award on
    or before a day named. In the event any division determines that an
    award favorable to the petitioner should not be made in any dispute
    referred to it, the division shall make an order to the petitioner
    stating such determination.
      (p) If a carrier does not comply with an order of a division of
    the Adjustment Board within the time limit in such order, the
    petitioner, or any person for whose benefit such order was made,
    may file in the District Court of the United States for the
    district in which he resides or in which is located the principal
    operating office of the carrier, or through which the carrier
    operates, a petition setting forth briefly the causes for which he
    claims relief, and the order of the division of the Adjustment
    Board in the premises. Such suit in the District Court of the
    United States shall proceed in all respects as other civil suits,
    except that on the trial of such suit the findings and order of the
    division of the Adjustment Board shall be conclusive on the
    parties, and except that the petitioner shall not be liable for
    costs in the district court nor for costs at any subsequent stage
    of the proceedings, unless they accrue upon his appeal, and such
    costs shall be paid out of the appropriation for the expenses of
    the courts of the United States. If the petitioner shall finally
    prevail he shall be allowed a reasonable attorney's fee, to be
    taxed and collected as a part of the costs of the suit. The
    district courts are empowered, under the rules of the court
    governing actions at law, to make such order and enter such
    judgment, by writ of mandamus or otherwise, as may be appropriate
    to enforce or set aside the order of the division of the Adjustment
    Board: Provided, however, That such order may not be set aside
    except for failure of the division to comply with the requirements
    of this chapter, for failure of the order to conform, or confine
    itself, to matters within the scope of the division's jurisdiction,
    or for fraud or corruption by a member of the division making the
    order.
      (q) If any employee or group of employees, or any carrier, is
    aggrieved by the failure of any division of the Adjustment Board to
    make an award in a dispute referred to it, or is aggrieved by any
    of the terms of an award or by the failure of the division to
    include certain terms in such award, then such employee or group of
    employees or carrier may file in any United States district court
    in which a petition under paragraph (p) could be filed, a petition
    for review of the division's order. A copy of the petition shall be
    forthwith transmitted by the clerk of the court to the Adjustment
    Board. The Adjustment Board shall file in the court the record of
    the proceedings on which it based its action. The court shall have
    jurisdiction to affirm the order of the division, or to set it
    aside, in whole or in part, or it may remand the proceedings to the
    division for such further action as it may direct. On such review,
    the findings and order of the division shall be conclusive on the
    parties, except that the order of the division may be set aside, in
    whole or in part, or remanded to the division, for failure of the
    division to comply with the requirements of this chapter, for
    failure of the order to conform, or confine itself, to matters
    within the scope of the division's jurisdiction, or for fraud or
    corruption by a member of the division making the order. The
    judgment of the court shall be subject to review as provided in
    sections 1291 and 1254 of title 28.
      (r) All actions at law based upon the provisions of this section
    shall be begun within two years from the time the cause of action
    accrues under the award of the division of the Adjustment Board,
    and not after.
      (s) The several divisions of the Adjustment Board shall maintain
    headquarters in Chicago, Illinois, meet regularly, and continue in
    session so long as there is pending before the division any matter
    within its jurisdiction which has been submitted for its
    consideration and which has not been disposed of.
      (t) Whenever practicable, the several divisions or subdivisions
    of the Adjustment Board shall be supplied with suitable quarters in
    any Federal building located at its place of meeting.
      (u) The Adjustment Board may, subject to the approval of the
    Mediation Board, employ and fix the compensations of such
    assistants as it deems necessary in carrying on its proceedings.
    The compensation of such employees shall be paid by the Mediation
    Board.
      (v) The Adjustment Board shall meet within forty days after June
    21, 1934, and adopt such rules as it deems necessary to control
    proceedings before the respective divisions and not in conflict
    with the provisions of this section. Immediately following the
    meeting of the entire Board and the adoption of such rules, the
    respective divisions shall meet and organize by the selection of a
    chairman, a vice chairman, and a secretary. Thereafter each
    division shall annually designate one of its members to act as
    chairman and one of its members to act as vice chairman: Provided,
    however, That the chairmanship and vice-chairmanship of any
    division shall alternate as between the groups, so that both the
    chairmanship and vice-chairmanship shall be held alternately by a
    representative of the carriers and a representative of the
    employees. In case of a vacancy, such vacancy shall be filled for
    the unexpired term by the selection of a successor from the same
    group.
      (w) Each division of the Adjustment Board shall annually prepare
    and submit a report of its activities to the Mediation Board, and
    the substance of such report shall be included in the annual report
    of the Mediation Board to the Congress of the United States. The
    reports of each division of the Adjustment Board and the annual
    report of the Mediation Board shall state in detail all cases
    heard, all actions taken, the names, salaries, and duties of all
    agencies, employees, and officers receiving compensation from the
    United States under the authority of this chapter, and an account
    of all moneys appropriated by Congress pursuant to the authority
    conferred by this chapter and disbursed by such agencies,
    employees, and officers.
      (x) Any division of the Adjustment Board shall have authority, in
    its discretion, to establish regional adjustment boards to act in
    its place and stead for such limited period as such division may
    determine to be necessary. Carrier members of such regional boards
    shall be designated in keeping with rules devised for this purpose
    by the carrier members of the Adjustment Board and the labor
    members shall be designated in keeping with rules devised for this
    purpose by the labor members of the Adjustment Board. Any such
    regional board shall, during the time for which it is appointed,
    have the same authority to conduct hearings, make findings upon
    disputes and adopt the same procedure as the division of the
    Adjustment Board appointing it, and its decisions shall be
    enforceable to the same extent and under the same processes. A
    neutral person, as referee, shall be appointed for service in
    connection with any such regional adjustment board in the same
    circumstances and manner as provided in paragraph (l) of this
    section, with respect to a division of the Adjustment Board.
    Second. System, group, or regional boards: establishment by
      voluntary agreement; special adjustment boards: establishment,
      composition, designation of representatives by Mediation Board,
      neutral member, compensation, quorum, finality and enforcement of
      awards
      Nothing in this section shall be construed to prevent any
    individual carrier, system, or group of carriers and any class or
    classes of its or their employees, all acting through their
    representatives, selected in accordance with the provisions of this
    chapter, from mutually agreeing to the establishment of system,
    group, or regional boards of adjustment for the purpose of
    adjusting and deciding disputes of the character specified in this
    section. In the event that either party to such a system, group, or
    regional board of adjustment is dissatisfied with such arrangement,
    it may upon ninety days' notice to the other party elect to come
    under the jurisdiction of the Adjustment Board.
      If written request is made upon any individual carrier by the
    representative of any craft or class of employees of such carrier
    for the establishment of a special board of adjustment to resolve
    disputes otherwise referable to the Adjustment Board, or any
    dispute which has been pending before the Adjustment Board for
    twelve months from the date the dispute (claim) is received by the
    Board, or if any carrier makes such a request upon any such
    representative, the carrier or the representative upon whom such
    request is made shall join in an agreement establishing such a
    board within thirty days from the date such request is made. The
    cases which may be considered by such board shall be defined in the
    agreement establishing it. Such board shall consist of one person
    designated by the carrier and one person designated by the
    representative of the employees. If such carrier or such
    representative fails to agree upon the establishment of such a
    board as provided herein, or to exercise its rights to designate a
    member of the board, the carrier or representative making the
    request for the establishment of the special board may request the
    Mediation Board to designate a member of the special board on
    behalf of the carrier or representative upon whom such request was
    made. Upon receipt of a request for such designation the Mediation
    Board shall promptly make such designation and shall select an
    individual associated in interest with the carrier or
    representative he is to represent, who, with the member appointed
    by the carrier or representative requesting the establishment of
    the special board, shall constitute the board. Each member of the
    board shall be compensated by the party he is to represent. The
    members of the board so designated shall determine all matters not
    previously agreed upon by the carrier and the representative of the
    employees with respect to the establishment and jurisdiction of the
    board. If they are unable to agree such matters shall be determined
    by a neutral member of the board selected or appointed and
    compensated in the same manner as is hereinafter provided with
    respect to situations where the members of the board are unable to
    agree upon an award. Such neutral member shall cease to be a member
    of the board when he has determined such matters. If with respect
    to any dispute or group of disputes the members of the board
    designated by the carrier and the representative are unable to
    agree upon an award disposing of the dispute or group of disputes
    they shall by mutual agreement select a neutral person to be a
    member of the board for the consideration and disposition of such
    dispute or group of disputes. In the event the members of the board
    designated by the parties are unable, within ten days after their
    failure to agree upon an award, to agree upon the selection of such
    neutral person, either member of the board may request the
    Mediation Board to appoint such neutral person and upon receipt of
    such request the Mediation Board shall promptly make such
    appointment. The neutral person so selected or appointed shall be
    compensated and reimbursed for expenses by the Mediation Board. Any
    two members of the board shall be competent to render an award.
    Such awards shall be final and binding upon both parties to the
    dispute and if in favor of the petitioner, shall direct the other
    party to comply therewith on or before the day named. Compliance
    with such awards shall be enforcible by proceedings in the United
    States district courts in the same manner and subject to the same
    provisions that apply to proceedings for enforcement of compliance
    with awards of the Adjustment Board.

-SOURCE-
    (May 20, 1926, ch. 347, Sec. 3, 44 Stat. 578; June 21, 1934, ch.
    691, Sec. 3, 48 Stat. 1189; Pub. L. 89-456, Secs. 1, 2, June 20,
    1966, 80 Stat. 208, 209; Pub. L. 91-234, Secs. 1-6, Apr. 23, 1970,
    84 Stat. 199, 200.)


-MISC1-
                                AMENDMENTS                            
      1970 - Par. First, (a). Pub. L. 91-234, Sec. 1, substituted
    "thirty-four members, seventeen of whom shall be selected by the
    carriers and seventeen" for "thirty-six members, eighteen of whom
    shall be selected by the carriers and eighteen".
      Par. First, (b). Pub. L. 91-234, Sec. 2, provided that no carrier
    or system of carriers have more than one voting representative on
    any division of the National Railroad Adjustment Board.
      Par. First, (c). Pub. L. 91-234, Sec. 3, inserted "Except as
    provided in the second paragraph of subsection (h) of this section"
    before "the national labor organizations", and provided that no
    labor organization have more than one voting representative on any
    division of the National Railroad Adjustment Board.
      Par. First, (h). Pub. L. 91-234, Sec. 4, decreased number of
    members on First division of Board from ten to eight members, with
    an accompanying decrease of five to four as number of members of
    such Board elected respectively by the carriers and by the national
    labor organizations satisfying the enumerated requirements, and set
    forth provisos which limited voting by each labor organization or
    carrier member in any proceedings of the division or in adoption of
    any award.
      Par. First, (k). Pub. L. 91-234, Sec. 5, inserted "except as
    provided in paragraph (h) of this section" after proviso.
      Par. First, (n). Pub. L. 91-234, Sec. 6, inserted "eligible to
    vote" after "Adjustment Board".
      1966 - Par. First, (m). Pub. L. 89-456, Sec. 2(a), struck out ",
    except insofar as they shall contain a money award" from second
    sentence.
      Par. First, (o). Pub. L. 89-456, Sec. 2(b), inserted provision
    for a division to make an order to the petitioner stating that an
    award favorable to the petitioner should not be made in any dispute
    referred to it.
      Par. First, (p). Pub. L. 89-456, Sec. 2(c), (d), substituted in
    second sentence "conclusive on the parties" for "prima facie
    evidence of the facts therein stated" and inserted in last sentence
    reasons for setting aside orders of a division of the Adjustment
    Board, respectively.
      Par. First, (q) to (x). Pub. L. 89-456, Sec. 2(e), added par. (q)
    and redesignated former pars. (q) to (w) as (r) to (x),
    respectively.
      Par. Second. Pub. L. 89-456, Sec. 1, provided for establishment
    of special adjustment boards upon request of employees or carriers
    to resolve disputes otherwise referable to the Adjustment Board and
    made awards of such boards final.
      1934 - Act June 21, 1934, amended provisions comprising this
    section generally.

-End-



-CITE-
    45 USC Sec. 154                                             01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 8 - RAILWAY LABOR
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 154. National Mediation Board

-STATUTE-
    First. Board of Mediation abolished; National Mediation Board
      established; composition; term of office; qualifications;
      salaries; removal
      The Board of Mediation is abolished, effective thirty days from
    June 21, 1934, and the members, secretary, officers, assistants,
    employees, and agents thereof, in office upon June 21, 1934, shall
    continue to function and receive their salaries for a period of
    thirty days from such date in the same manner as though this
    chapter had not been passed. There is established, as an
    independent agency in the executive branch of the Government, a
    board to be known as the "National Mediation Board", to be composed
    of three members appointed by the President, by and with the advice
    and consent of the Senate, not more than two of whom shall be of
    the same political party. Each member of the Mediation Board in
    office on January 1, 1965, shall be deemed to have been appointed
    for a term of office which shall expire on July 1 of the year his
    term would have otherwise expired. The terms of office of all
    successors shall expire three years after the expiration of the
    terms for which their predecessors were appointed; but any member
    appointed to fill a vacancy occurring prior to the expiration of
    the term for which his predecessor was appointed shall be appointed
    only for the unexpired term of his predecessor. Vacancies in the
    Board shall not impair the powers nor affect the duties of the
    Board nor of the remaining members of the Board. Two of the members
    in office shall constitute a quorum for the transaction of the
    business of the Board. Each member of the Board shall receive
    necessary traveling and subsistence expenses, or per diem allowance
    in lieu thereof, subject to the provisions of law applicable
    thereto, while away from the principal office of the Board on
    business required by this chapter. No person in the employment of
    or who is pecuniarily or otherwise interested in any organization
    of employees or any carrier shall enter upon the duties of or
    continue to be a member of the Board. Upon the expiration of his
    term of office a member shall continue to serve until his successor
    is appointed and shall have qualified.
      All cases referred to the Board of Mediation and unsettled on
    June 21, 1934, shall be handled to conclusion by the Mediation
    Board.
      A member of the Board may be removed by the President for
    inefficiency, neglect of duty, malfeasance in office, or
    ineligibility, but for no other cause.
    Second. Chairman; principal office; delegation of powers; oaths;
      seal; report
      The Mediation Board shall annually designate a member to act as
    chairman. The Board shall maintain its principal office in the
    District of Columbia, but it may meet at any other place whenever
    it deems it necessary so to do. The Board may designate one or more
    of its members to exercise the functions of the Board in mediation
    proceedings. Each member of the Board shall have power to
    administer oaths and affirmations. The Board shall have a seal
    which shall be judicially noticed. The Board shall make an annual
    report to Congress.
    Third. Appointment of experts and other employees; salaries of
      employees; expenditures
      The Mediation Board may (1) subject to the provisions of the
    civil service laws, appoint such experts and assistants to act in a
    confidential capacity and such other officers and employees as are
    essential to the effective transaction of the work of the Board;
    (2) in accordance with chapter 51 and subchapter III of chapter 53
    of title 5, fix the salaries of such experts, assistants, officers,
    and employees; and (3) make such expenditures (including
    expenditures for rent and personal services at the seat of
    government and elsewhere, for law books, periodicals, and books of
    reference, and for printing and binding, and including expenditures
    for salaries and compensation, necessary traveling expenses and
    expenses actually incurred for subsistence, and other necessary
    expenses of the Mediation Board, Adjustment Board, Regional
    Adjustment Boards established under paragraph (w) of section 153 of
    this title, and boards of arbitration, in accordance with the
    provisions of this section and sections 153 and 157 of this title,
    respectively), as may be necessary for the execution of the
    functions vested in the Board, in the Adjustment Board and in the
    boards of arbitration, and as may be provided for by the Congress
    from time to time. All expenditures of the Board shall be allowed
    and paid on the presentation of itemized vouchers therefor approved
    by the chairman.
    Fourth. Delegation of powers and duties
      The Mediation Board is authorized by its order to assign, or
    refer, any portion of its work, business, or functions arising
    under this chapter or any other Act of Congress, or referred to it
    by Congress or either branch thereof, to an individual member of
    the Board or to an employee or employees of the Board to be
    designated by such order for action thereon, and by its order at
    any time to amend, modify, supplement, or rescind any such
    assignment or reference. All such orders shall take effect
    forthwith and remain in effect until otherwise ordered by the
    Board. In conformity with and subject to the order or orders of the
    Mediation Board in the premises, [and] such individual member of
    the Board or employee designated shall have power and authority to
    act as to any of said work, business, or functions so assigned or
    referred to him for action by the Board.
    Fifth. Transfer of officers and employees of Board of Mediation;
      transfer of appropriation
      All officers and employees of the Board of Mediation (except the
    members thereof, whose offices are abolished) whose services in the
    judgment of the Mediation Board are necessary to the efficient
    operation of the Board are transferred to the Board, without change
    in classification or compensation; except that the Board may
    provide for the adjustment of such classification or compensation
    to conform to the duties to which such officers and employees may
    be assigned.
      All unexpended appropriations for the operation of the Board of
    Mediation that are available at the time of the abolition of the
    Board of Mediation shall be transferred to the Mediation Board and
    shall be available for its use for salaries and other authorized
    expenditures.

-SOURCE-
    (May 20, 1926, ch. 347, Sec. 4, 44 Stat. 579; June 21, 1934, ch.
    691, Sec. 4, 48 Stat. 1193; Oct. 28, 1949, ch. 782, title XI, Sec.
    1106(a), 63 Stat. 972; Pub. L. 88-542, Aug. 31, 1964, 78 Stat.
    748.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The civil service laws, referred to in par. Third, are set forth
    in Title 5, Government Organization and Employees. See,
    particularly, section 3301 et seq. of Title 5.

-COD-
                               CODIFICATION                           
      In par. First, provisions that prescribed the basis compensation
    of members of the Board were omitted to conform to the provisions
    of the Executive Schedule. See sections 5314 and 5315 of Title 5,
    Government Organization and Employees.
      In par. Third, "subject to the provisions of the civil service
    laws, appoint such experts and assistants to act in a confidential
    capacity and such other officers and employees" substituted for
    "appoint such experts and assistants to act in a confidential
    capacity and, subject to the provisions of the civil-service laws,
    such other officers and employees". All such appointments are now
    subject to the civil service laws unless specifically excepted by
    such laws or by laws enacted subsequent to Executive Order 8743,
    Apr. 23, 1941, issued by the President pursuant to the Act of Nov.
    26, 1940, ch. 919, title I, Sec. 1, 54 Stat. 1211, which covered
    most excepted positions into the classified (competitive) civil
    service. The Order is set out as a note under section 3301 of Title
    5.
      In par. Third, "chapter 51 and subchapter III of chapter 53 of
    title 5" substituted for "the Classification Act of 1949, as
    amended" on authority of Pub. L. 89-554, Sec. 7(b), Sept. 6, 1966,
    80 Stat. 631, the first section of which enacted Title 5.


-MISC1-
                                AMENDMENTS                            
      1964 - Par. First. Pub. L. 88-542 inserted sentences providing
    that each member of the Board in office on Jan. 1, 1965, shall be
    deemed to have been appointed for a term of office which shall
    expire on July 1 of the year his term would have otherwise expired,
    and that upon the expiration of his term of office a member shall
    continue to serve until his successor is appointed and shall have
    qualified, and struck out provisions which related to terms of
    office of members first appointed.
      1949 - Par. First. Act Oct. 15, 1949, increased basic rate of
    compensation for members of the board to $15,000 per year.
      Par. Third. Act Oct. 28, 1949, substituted "Classification Act of
    1949" for "Classification Act of 1923".
      1934 - Act June 21, 1934, amended section generally.

                                  REPEALS                              
      Act Oct. 28, 1949, ch. 782, cited as a credit to this section,
    was repealed (subject to a savings clause) by Pub. L. 89-554, Sept.
    6, 1966, Sec. 8, 80 Stat. 632, 655.

                   TERMINATION OF REPORTING REQUIREMENTS               
      For termination, effective May 15, 2000, of provisions in par.
    Second relating to the requirement that the Board make an annual
    report to Congress, see section 3003 of Pub. L. 104-66, as amended,
    set out as a note under section 1113 of Title 31, Money and
    Finance, and the 6th item on page 184 of House Document No. 103-7.

-End-



-CITE-
    45 USC Sec. 155                                             01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 8 - RAILWAY LABOR
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 155. Functions of Mediation Board

-STATUTE-
    First. Disputes within jurisdiction of Mediation Board
      The parties, or either party, to a dispute between an employee or
    group of employees and a carrier may invoke the services of the
    Mediation Board in any of the following cases:
      (a) A dispute concerning changes in rates of pay, rules, or
    working conditions not adjusted by the parties in conference.
      (b) Any other dispute not referable to the National Railroad
    Adjustment Board and not adjusted in conference between the parties
    or where conferences are refused.
      The Mediation Board may proffer its services in case any labor
    emergency is found by it to exist at any time.
      In either event the said Board shall promptly put itself in
    communication with the parties to such controversy, and shall use
    its best efforts, by mediation, to bring them to agreement. If such
    efforts to bring about an amicable settlement through mediation
    shall be unsuccessful, the said Board shall at once endeavor as its
    final required action (except as provided in paragraph third of
    this section and in section 160 of this title) to induce the
    parties to submit their controversy to arbitration, in accordance
    with the provisions of this chapter.
      If arbitration at the request of the Board shall be refused by
    one or both parties, the Board shall at once notify both parties in
    writing that its mediatory efforts have failed and for thirty days
    thereafter, unless in the intervening period the parties agree to
    arbitration, or an emergency board shall be created under section
    160 of this title, no change shall be made in the rates of pay,
    rules, or working conditions or established practices in effect
    prior to the time the dispute arose.
    Second. Interpretation of agreement
      In any case in which a controversy arises over the meaning or the
    application of any agreement reached through mediation under the
    provisions of this chapter, either party to the said agreement, or
    both, may apply to the Mediation Board for an interpretation of the
    meaning or application of such agreement. The said Board shall upon
    receipt of such request notify the parties to the controversy, and
    after a hearing of both sides give its interpretation within thirty
    days.
    Third. Duties of Board with respect to arbitration of disputes;
      arbitrators; acknowledgment of agreement; notice to arbitrators;
      reconvening of arbitrators; filing contracts with Board; custody
      of records and documents
      The Mediation Board shall have the following duties with respect
    to the arbitration of disputes under section 157 of this title:
      (a) On failure of the arbitrators named by the parties to agree
    on the remaining arbitrator or arbitrators within the time set by
    section 157 of this title, it shall be the duty of the Mediation
    Board to name such remaining arbitrator or arbitrators. It shall be
    the duty of the Board in naming such arbitrator or arbitrators to
    appoint only those whom the Board shall deem wholly disinterested
    in the controversy to be arbitrated and impartial and without bias
    as between the parties to such arbitration. Should, however, the
    Board name an arbitrator or arbitrators not so disinterested and
    impartial, then, upon proper investigation and presentation of the
    facts, the Board shall promptly remove such arbitrator.
      If an arbitrator named by the Mediation Board, in accordance with
    the provisions of this chapter, shall be removed by such Board as
    provided by this chapter, or if such an arbitrator refuses or is
    unable to serve, it shall be the duty of the Mediation Board,
    promptly, to select another arbitrator, in the same manner as
    provided in this chapter for an original appointment by the
    Mediation Board.
      (b) Any member of the Mediation Board is authorized to take the
    acknowledgement of an agreement to arbitrate under this chapter.
    When so acknowledged, or when acknowledged by the parties before a
    notary public or the clerk of a district court or a court of
    appeals of the United States, such agreement to arbitrate shall be
    delivered to a member of said Board or transmitted to said Board,
    to be filed in its office.
      (c) When an agreement to arbitrate has been filed with the
    Mediation Board, or with one of its members, as provided by this
    section, and when the said Board has been furnished the names of
    the arbitrators chosen by the parties to the controversy it shall
    be the duty of the Board to cause a notice in writing to be served
    upon said arbitrators, notifying them of their appointment,
    requesting them to meet promptly to name the remaining arbitrator
    or arbitrators necessary to complete the Board of Arbitration, and
    advising them of the period within which, as provided by the
    agreement to arbitrate, they are empowered to name such arbitrator
    or arbitrators.
      (d) Either party to an arbitration desiring the reconvening of a
    board of arbitration to pass upon any controversy arising over the
    meaning or application of an award may so notify the Mediation
    Board in writing, stating in such notice the question or questions
    to be submitted to such reconvened Board. The Mediation Board shall
    thereupon promptly communicate with the members of the Board of
    Arbitration, or a subcommittee of such Board appointed for such
    purpose pursuant to a provision in the agreement to arbitrate, and
    arrange for the reconvening of said Board of Arbitration or
    subcommittee, and shall notify the respective parties to the
    controversy of the time and place at which the Board, or the
    subcommittee, will meet for hearings upon the matters in
    controversy to be submitted to it. No evidence other than that
    contained in the record filed with the original award shall be
    received or considered by such reconvened Board or subcommittee,
    except such evidence as may be necessary to illustrate the
    interpretations suggested by the parties. If any member of the
    original Board is unable or unwilling to serve on such reconvened
    Board or subcommittee thereof, another arbitrator shall be named in
    the same manner and with the same powers and duties as such
    original arbitrator.
      (e) Within sixty days after June 21, 1934, every carrier shall
    file with the Mediation Board a copy of each contract with its
    employees in effect on the 1st day of April 1934, covering rates of
    pay, rules, and working conditions. If no contract with any craft
    or class of its employees has been entered into, the carrier shall
    file with the Mediation Board a statement of that fact, including
    also a statement of the rates of pay, rules, and working conditions
    applicable in dealing with such craft or class. When any new
    contract is executed or change is made in an existing contract with
    any class or craft of its employees covering rates of pay, rules,
    or working conditions, or in those rates of pay, rules, and working
    conditions of employees not covered by contract, the carrier shall
    file the same with the Mediation Board within thirty days after
    such new contract or change in existing contract has been executed
    or rates of pay, rules, and working conditions have been made
    effective.
      (f) The Mediation Board shall be the custodian of all papers and
    documents heretofore filed with or transferred to the Board of
    Mediation bearing upon the settlement, adjustment, or determination
    of disputes between carriers and their employees or upon mediation
    or arbitration proceedings held under or pursuant to the provisions
    of any Act of Congress in respect thereto; and the President is
    authorized to designate a custodian of the records and property of
    the Board of Mediation until the transfer and delivery of such
    records to the Mediation Board and to require the transfer and
    delivery to the Mediation Board of any and all such papers and
    documents filed with it or in its possession.

-SOURCE-
    (May 20, 1926, ch. 347, Sec. 5, 44 Stat. 580; June 21, 1934, ch.
    691, Sec. 5, 48 Stat. 1195; June 25, 1948, ch. 646, Sec. 32(a), 62
    Stat. 991; May 24, 1949, ch. 139, Sec. 127, 63 Stat. 107.)

-COD-
                               CODIFICATION                           
      As originally enacted, par. Third (b) contained a reference to
    the "circuit court of appeals". Act June 25, 1948, as amended by
    act May 24, 1949 substituted "court of appeals" for "circuit court
    of appeals".


-MISC1-
                                AMENDMENTS                            
      1934 - Act June 21, 1934, amended generally par. First and par.
    Second, (e) and (f).

-End-



-CITE-
    45 USC Sec. 156                                             01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 8 - RAILWAY LABOR
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 156. Procedure in changing rates of pay, rules, and working
      conditions

-STATUTE-
      Carriers and representatives of the employees shall give at least
    thirty days' written notice of an intended change in agreements
    affecting rates of pay, rules, or working conditions, and the time
    and place for the beginning of conference between the
    representatives of the parties interested in such intended changes
    shall be agreed upon within ten days after the receipt of said
    notice, and said time shall be within the thirty days provided in
    the notice. In every case where such notice of intended change has
    been given, or conferences are being held with reference thereto,
    or the services of the Mediation Board have been requested by
    either party, or said Board has proffered its services, rates of
    pay, rules, or working conditions shall not be altered by the
    carrier until the controversy has been finally acted upon, as
    required by section 155 of this title, by the Mediation Board,
    unless a period of ten days has elapsed after termination of
    conferences without request for or proffer of the services of the
    Mediation Board.

-SOURCE-
    (May 20, 1926, ch. 347, Sec. 6, 44 Stat. 582; June 21, 1934, ch.
    691, Sec. 6, 48 Stat. 1197.)


-MISC1-
                                AMENDMENTS                            
      1934 - Act June 21, 1934, inserted "in agreements" after
    "intended change" in text, struck out provision formerly contained
    in text concerning changes requested by more than one class, and
    substituted "Mediation Board" for "Board of Mediation" wherever
    appearing.

                        WAGE AND SALARY ADJUSTMENTS                    
      Ex. Ord. No. 9299, eff. Feb. 4, 1943, 8 F.R. 1669, provided
    procedure with respect to wage and salary adjustments for employees
    subject to this chapter.

-End-



-CITE-
    45 USC Sec. 157                                             01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 8 - RAILWAY LABOR
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 157. Arbitration

-STATUTE-
    First. Submission of controversy to arbitration
      Whenever a controversy shall arise between a carrier or carriers
    and its or their employees which is not settled either in
    conference between representatives of the parties or by the
    appropriate adjustment board or through mediation, in the manner
    provided in sections 151 - 156 of this title such controversy may,
    by agreement of the parties to such controversy, be submitted to
    the arbitration of a board of three (or, if the parties to the
    controversy so stipulate, of six) persons: Provided, however, That
    the failure or refusal of either party to submit a controversy to
    arbitration shall not be construed as a violation of any legal
    obligation imposed upon such party by the terms of this chapter or
    otherwise.
    Second. Manner of selecting board of arbitration
      Such board of arbitration shall be chosen in the following
    manner:
      (a) In the case of a board of three the carrier or carriers and
    the representatives of the employees, parties respectively to the
    agreement to arbitrate, shall each name one arbitrator; the two
    arbitrators thus chosen shall select a third arbitrator. If the
    arbitrators chosen by the parties shall fail to name the third
    arbitrator within five days after their first meeting, such third
    arbitrator shall be named by the Mediation Board.
      (b) In the case of a board of six the carrier or carriers and the
    representatives of the employees, parties respectively to the
    agreement to arbitrate, shall each name two arbitrators; the four
    arbitrators thus chosen shall, by a majority vote, select the
    remaining two arbitrators. If the arbitrators chosen by the parties
    shall fail to name the two arbitrators within fifteen days after
    their first meeting, the said two arbitrators, or as many of them
    as have not been named, shall be named by the Mediation Board.
    Third. Board of arbitration; organization; compensation; procedure
    (a) Notice of selection or failure to select arbitrators
      When the arbitrators selected by the respective parties have
    agreed upon the remaining arbitrator or arbitrators, they shall
    notify the Mediation Board; and, in the event of their failure to
    agree upon any or upon all of the necessary arbitrators within the
    period fixed by this chapter, they shall, at the expiration of such
    period, notify the Mediation Board of the arbitrators selected, if
    any, or of their failure to make or to complete such selection.
    (b) Organization of board; procedure
      The board of arbitration shall organize and select its own
    chairman and make all necessary rules for conducting its hearings:
    Provided, however, That the board of arbitration shall be bound to
    give the parties to the controversy a full and fair hearing, which
    shall include an opportunity to present evidence in support of
    their claims, and an opportunity to present their case in person,
    by counsel, or by other representative as they may respectively
    elect.
    (c) Duty to reconvene; questions considered
      Upon notice from the Mediation Board that the parties, or either
    party, to an arbitration desire the reconvening of the board of
    arbitration (or a subcommittee of such board of arbitration
    appointed for such purpose pursuant to the agreement to arbitrate)
    to pass upon any controversy over the meaning or application of
    their award, the board, or its subcommittee, shall at once
    reconvene. No question other than, or in addition to, the questions
    relating to the meaning or application of the award, submitted by
    the party or parties in writing, shall be considered by the
    reconvened board of arbitration or its subcommittee.
      Such rulings shall be acknowledged by such board or subcommittee
    thereof in the same manner, and filed in the same district court
    clerk's office, as the original award and become a part thereof.
    (d) Competency of arbitrators
      No arbitrator, except those chosen by the Mediation Board, shall
    be incompetent to act as an arbitrator because of his interest in
    the controversy to be arbitrated, or because of his connection with
    or partiality to either of the parties to the arbitration.
    (e) Compensation and expenses
      Each member of any board of arbitration created under the
    provisions of this chapter named by either party to the arbitration
    shall be compensated by the party naming him. Each arbitrator
    selected by the arbitrators or named by the Mediation Board shall
    receive from the Mediation Board such compensation as the Mediation
    Board may fix, together with his necessary traveling expenses and
    expenses actually incurred for subsistence, while serving as an
    arbitrator.
    (f) Award; disposition of original and copies
      The board of arbitration shall furnish a certified copy of its
    award to the respective parties to the controversy, and shall
    transmit the original, together with the papers and proceedings and
    a transcript of the evidence taken at the hearings, certified under
    the hands of at least a majority of the arbitrators, to the clerk
    of the district court of the United States for the district wherein
    the controversy arose or the arbitration is entered into, to be
    filed in said clerk's office as hereinafter provided. The said
    board shall also furnish a certified copy of its award, and the
    papers and proceedings, including testimony relating thereto, to
    the Mediation Board to be filed in its office; and in addition a
    certified copy of its award shall be filed in the office of the
    Interstate Commerce Commission: Provided, however, That such award
    shall not be construed to diminish or extinguish any of the powers
    or duties of the Interstate Commerce Commission, under subtitle IV
    of title 49.
    (g) Compensation of assistants to board of arbitration; expenses;
      quarters
      A board of arbitration may, subject to the approval of the
    Mediation Board, employ and fix the compensation of such assistants
    as it deems necessary in carrying on the arbitration proceedings.
    The compensation of such employees, together with their necessary
    traveling expenses and expenses actually incurred for subsistence,
    while so employed, and the necessary expenses of boards of
    arbitration, shall be paid by the Mediation Board.
      Whenever practicable, the board shall be supplied with suitable
    quarters in any Federal building located at its place of meeting or
    at any place where the board may conduct its proceedings or
    deliberations.
    (h) Testimony before board; oaths; attendance of witnesses;
      production of documents; subpoenas; fees
      All testimony before said board shall be given under oath or
    affirmation, and any member of the board shall have the power to
    administer oaths or affirmations. The board of arbitration, or any
    member thereof, shall have the power to require the attendance of
    witnesses and the production of such books, papers, contracts,
    agreements, and documents as may be deemed by the board of
    arbitration material to a just determination of the matters
    submitted to its arbitration, and may for that purpose request the
    clerk of the district court of the United States for the district
    wherein said arbitration is being conducted to issue the necessary
    subpoenas, and upon such request the said clerk or his duly
    authorized deputy shall be, and he is, authorized, and it shall be
    his duty, to issue such subpoenas.
      Any witness appearing before a board of arbitration shall receive
    the same fees and mileage as witnesses in courts of the United
    States, to be paid by the party securing the subpoena.

-SOURCE-
    (May 20, 1926, ch. 347, Sec. 7, 44 Stat. 582; June 21, 1934, ch.
    691, Sec. 7, 48 Stat. 1197; Pub. L. 91-452, title II, Sec. 238,
    Oct. 15, 1970, 84 Stat. 930.)

-COD-
                               CODIFICATION                           
      In par. Third (f), "subtitle IV of title 49" substituted for "the
    Interstate Commerce Act, as amended [49 U.S.C. 1 et seq.]" on
    authority of Pub. L. 95-473, Sec. 3(b), Oct. 17, 1978, 92 Stat.
    1466, the first section of which enacted subtitle IV of Title 49,
    Transportation.


-MISC1-
                                AMENDMENTS                            
      1970 - Par. Third, (h). Pub. L. 91-452 struck out provisions
    authorizing board to invoke aid of the United States courts to
    compel witnesses to attend and testify and to produce such books,
    papers, contracts, agreements, and documents to same extent and
    under same conditions and penalties as provided for in the
    Interstate Commerce Act.
      1934 - Act June 21, 1934, substituted "Mediation Board" for
    "Board of Mediation" wherever appearing.

                     EFFECTIVE DATE OF 1970 AMENDMENT                 
      Amendment by Pub. L. 91-452 effective on sixtieth day following
    Oct. 15, 1970, and not to affect any immunity to which any
    individual is entitled under this section by reason of any
    testimony given before sixtieth day following Oct. 15, 1970, see
    section 260 of Pub. L. 91-452, set out as an Effective Date;
    Savings Provision note under section 6001 of Title 18, Crimes and
    Criminal Procedure.


-TRANS-
        ABOLITION OF INTERSTATE COMMERCE COMMISSION AND TRANSFER OF
                                 FUNCTIONS
      Interstate Commerce Commission abolished and functions of
    Commission transferred, except as otherwise provided in Pub. L. 104-
    88, 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.


-MISC2-
                            WORK RULES DISPUTE                        
      Pub. L. 88-108, Aug. 28, 1963, 77 Stat. 132, provided:
      "[Sec. 1. Settlement of disputes]. That no carrier which served
    the notices of November 2, 1959, and no labor organizations which
    received such notices or served the labor organization notices of
    September 7, 1960, shall make any change except by agreement, or
    pursuant to an arbitration award as hereinafter provided, in rates
    of pay, rules, or working conditions encompassed by any of such
    notices, or engage in any strike or lockout over any dispute
    arising from any of such notices. Any action heretofore taken which
    would be prohibited by the foregoing sentence shall be forthwith
    rescinded and the status existing immediately prior to such action
    restored.
      "Sec. 2. [Arbitration board]. There is hereby established an
    arbitration board to consist of seven members. The representatives
    of the carrier and organization parties to the aforesaid dispute
    are hereby directed, respectively, within five days after the
    enactment hereof [Aug. 28, 1963] each to name two persons to serve
    as members of such arbitration board. The four members thus chosen
    shall select three additional members. The seven members shall then
    elect a chairman. If the members chosen by the parties shall fail
    to name one or more of the additional three members within ten
    days, such additional members shall be named by the President. If
    either party fails to name a member or members to the arbitration
    board within the five days provided, the President shall name such
    member or members in lieu of such party and shall also name the
    additional three members necessary to constitute a board of seven
    members, all within ten days after the date of enactment of this
    joint resolution [Aug. 28, 1963]. Notwithstanding any other
    provision of law, the National Mediation Board is authorized and
    directed: (1) to compensate the arbitrators not named by the
    parties at a rate not in excess of $100 for each day together with
    necessary travel and subsistence expenses, and (2) to provide such
    services and facilities as may be necessary and appropriate in
    carrying out the purposes of this joint resolution.
      "Sec. 3. [Decision of board]. Promptly upon the completion of the
    naming of the arbitration board the Secretary of Labor shall
    furnish to the board and to the parties to the dispute copies of
    his statement to the parties of August 2, 1963, and the papers
    therewith submitted to the parties, together with memorandums and
    such other data as the board may request setting forth the matters
    with respect to which the parties were in tentative agreement and
    the extent of disagreement with respect to matters on which the
    parties were not in tentative agreement. The arbitration board
    shall make a decision, pursuant to the procedures hereinafter set
    forth, as to what disposition shall be made of those portions of
    the carriers' notices of November 2, 1959, identified as 'Use of
    Firemen (Helpers) on Other Than Steam Power' and 'Consist of Road
    and Yard Crews' and that portion of the organizations' notices of
    September 7, 1960, identified as 'Minimum Safe Crew Consist' and
    implementing proposals pertaining thereto. The arbitration board
    shall incorporate in such decision any matters on which it finds
    the parties were in agreement, shall resolve the matters on which
    the parties were not in agreement, and shall, in making its award,
    give due consideration to those matters on which the parties were
    in tentative agreement. Such award shall be binding on both the
    carrier and organization parties to the dispute and shall
    constitute a complete and final disposition of the aforesaid issues
    covered by the decision of the board of arbitration.
      "Sec. 4. [Award]. To the extent not inconsistent with this joint
    resolution the arbitration shall be conducted pursuant to sections
    7 and 8 of the Railway Labor Act [this section and section 158 of
    this title], the board's award shall be made and filed as provided
    in said sections and shall be subject to section 9 of said Act
    [section 159 of this title]. The United States District Court for
    the District of Columbia is hereby designated as the court in which
    the award is to be filed, and the arbitration board shall report to
    the National Mediation Board in the same manner as arbitration
    boards functioning pursuant to the Railway Labor Act [this
    chapter]. The award shall continue in force for such period as the
    arbitration board shall determine in its award, but not to exceed
    two years from the date the award takes effect, unless the parties
    agree otherwise.
      "Sec. 5. [Hearings]. The arbitration board shall begin its
    hearings thirty days after the enactment of this joint resolution
    [Aug. 28, 1963] or on such earlier date as the parties to the
    dispute and the board may agree upon and shall make and file its
    award not later than ninety days after the enactment of this joint
    resolution [Aug. 28, 1963]: Provided, however, That said award
    shall not become effective until sixty days after the filing of the
    award.
      "Sec. 6. [Collective bargaining for issues not arbitrated]. The
    parties to the disputes arising from the aforesaid notices shall
    immediately resume collective bargaining with respect to all issues
    raised in the notices of November 2, 1959, and September 7, 1960,
    not to be disposed of by arbitration under section 3 of this joint
    resolution and shall exert every reasonable effort to resolve such
    issues by agreement. The Secretary of Labor and the National
    Mediation Board are hereby directed to give all reasonable
    assistance to the parties and to engage in mediatory action
    directed toward promoting such agreement.
      "Sec. 7. [Considerations affecting award; enforcement.]
      "(a) In making any award under this joint resolution the
    arbitration board established under section 2 shall give due
    consideration to the effect of the proposed award upon adequate and
    safe transportation service to the public and upon the interests of
    the carrier and employees affected, giving due consideration to the
    narrowing of the areas of disagreement which has been accomplished
    in bargaining and mediation.
      "(b) The obligations imposed by this joint resolution, upon suit
    by the Attorney General, shall be enforcible through such orders as
    may be necessary by any court of the United States having
    jurisdiction of any of the parties.
      "Sec. 8. [Expiration date]. This joint resolution shall expire
    one hundred and eighty days after the date of its enactment [Aug.
    28, 1963], except that it shall remain in effect with respect to
    the last sentence of section 4 for the period prescribed in that
    sentence.
      "Sec. 9. [Separability]. If any provision of this joint
    resolution or the application thereof is held invalid, the
    remainder of this joint resolution and the application of such
    provision to other parties or in other circumstances not held
    invalid shall not be affected thereby."

-End-



-CITE-
    45 USC Sec. 158                                             01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 8 - RAILWAY LABOR
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 158. Agreement to arbitrate; form and contents; signatures and
      acknowledgment; revocation

-STATUTE-
      The agreement to arbitrate - 
      (a) Shall be in writing;
      (b) Shall stipulate that the arbitration is had under the
    provisions of this chapter;
      (c) Shall state whether the board of arbitration is to consist of
    three or of six members;
      (d) Shall be signed by the duly accredited representatives of the
    carrier or carriers and the employees, parties respectively to the
    agreement to arbitrate, and shall be acknowledged by said parties
    before a notary public, the clerk of a district court or court of
    appeals of the United States, or before a member of the Mediation
    Board, and, when so acknowledged, shall be filed in the office of
    the Mediation Board;
      (e) Shall state specifically the questions to be submitted to the
    said board for decision; and that, in its award or awards, the said
    board shall confine itself strictly to decisions as to the
    questions so specifically submitted to it;
      (f) Shall provide that the questions, or any one or more of them,
    submitted by the parties to the board of arbitration may be
    withdrawn from arbitration on notice to that effect signed by the
    duly accredited representatives of all the parties and served on
    the board of arbitration;
      (g) Shall stipulate that the signatures of a majority of said
    board of arbitration affixed to their award shall be competent to
    constitute a valid and binding award;
      (h) Shall fix a period from the date of the appointment of the
    arbitrator or arbitrators necessary to complete the board (as
    provided for in the agreement) within which the said board shall
    commence its hearings;
      (i) Shall fix a period from the beginning of the hearings within
    which the said board shall make and file its award: Provided, That
    the parties may agree at any time upon an extension of this period;
      (j) Shall provide for the date from which the award shall become
    effective and shall fix the period during which the award shall
    continue in force;
      (k) Shall provide that the award of the board of arbitration and
    the evidence of the proceedings before the board relating thereto,
    when certified under the hands of at least a majority of the
    arbitrators, shall be filed in the clerk's office of the district
    court of the United States for the district wherein the controversy
    arose or the arbitration was entered into, which district shall be
    designated in the agreement; and, when so filed, such award and
    proceedings shall constitute the full and complete record of the
    arbitration;
      (l) Shall provide that the award, when so filed, shall be final
    and conclusive upon the parties as to the facts determined by said
    award and as to the merits of the controversy decided;
      (m) Shall provide that any difference arising as to the meaning,
    or the application of the provisions, of an award made by a board
    of arbitration shall be referred back for a ruling to the same
    board, or, by agreement, to a subcommittee of such board; and that
    such ruling, when acknowledged in the same manner, and filed in the
    same district court clerk's office, as the original award, shall be
    a part of and shall have the same force and effect as such original
    award; and
      (n) Shall provide that the respective parties to the award will
    each faithfully execute the same.
      The said agreement to arbitrate, when properly signed and
    acknowledged as herein provided, shall not be revoked by a party to
    such agreement: Provided, however, That such agreement to arbitrate
    may at any time be revoked and canceled by the written agreement of
    both parties, signed by their duly accredited representatives, and
    (if no board of arbitration has yet been constituted under the
    agreement) delivered to the Mediation Board or any member thereof;
    or, if the board of arbitration has been constituted as provided by
    this chapter, delivered to such board of arbitration.

-SOURCE-
    (May 20, 1926, ch. 347, Sec. 8, 44 Stat. 584; June 21, 1934, ch.
    691, Sec. 7, 48 Stat. 1197; June 25, 1948, ch. 646, Sec. 32(a), 62
    Stat. 991; May 24, 1949, ch. 139, Sec. 127, 63 Stat. 107.)

-COD-
                               CODIFICATION                           
      As originally enacted, par. (d) contained a reference to the
    "circuit court of appeals". Act June 25, 1948, as amended by act
    May 24, 1949, substituted "court of appeals" for "circuit court of
    appeals".


-MISC1-
                                AMENDMENTS                            
      1934 - Act June 21, 1934, substituted "Mediation Board" for
    "Board of Mediation" wherever appearing.

-End-



-CITE-
    45 USC Sec. 159                                             01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 8 - RAILWAY LABOR
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 159. Award and judgment thereon; effect of chapter on
      individual employee

-STATUTE-
    First. Filing of award
      The award of a board of arbitration, having been acknowledged as
    herein provided, shall be filed in the clerk's office of the
    district court designated in the agreement to arbitrate.
    Second. Conclusiveness of award; judgment
      An award acknowledged and filed as herein provided shall be
    conclusive on the parties as to the merits and facts of the
    controversy submitted to arbitration, and unless, within ten days
    after the filing of the award, a petition to impeach the award, on
    the grounds hereinafter set forth, shall be filed in the clerk's
    office of the court in which the award has been filed, the court
    shall enter judgment on the award, which judgment shall be final
    and conclusive on the parties.
    Third. Impeachment of award; grounds
      Such petition for the impeachment or contesting of any award so
    filed shall be entertained by the court only on one or more of the
    following grounds:
      (a) That the award plainly does not conform to the substantive
    requirements laid down by this chapter for such awards, or that the
    proceedings were not substantially in conformity with this chapter;
      (b) That the award does not conform, nor confine itself, to the
    stipulations of the agreement to arbitrate; or
      (c) That a member of the board of arbitration rendering the award
    was guilty of fraud or corruption; or that a party to the
    arbitration practiced fraud or corruption which fraud or corruption
    affected the result of the arbitration: Provided, however, That no
    court shall entertain any such petition on the ground that an award
    is invalid for uncertainty; in such case the proper remedy shall be
    a submission of such award to a reconvened board, or subcommittee
    thereof, for interpretation, as provided by this chapter: Provided
    further, That an award contested as herein provided shall be
    construed liberally by the court, with a view to favoring its
    validity, and that no award shall be set aside for trivial
    irregularity or clerical error, going only to form and not to
    substance.
    Fourth. Effect of partial invalidity of award
      If the court shall determine that a part of the award is invalid
    on some ground or grounds designated in this section as a ground of
    invalidity, but shall determine that a part of the award is valid,
    the court shall set aside the entire award: Provided, however,
    That, if the parties shall agree thereto, and if such valid and
    invalid parts are separable, the court shall set aside the invalid
    part, and order judgment to stand as to the valid part.
    Fifth. Appeal; record
      At the expiration of 10 days from the decision of the district
    court upon the petition filed as aforesaid, final judgment shall be
    entered in accordance with said decision, unless during said 10
    days either party shall appeal therefrom to the court of appeals.
    In such case only such portion of the record shall be transmitted
    to the appellate court as is necessary to the proper understanding
    and consideration of the questions of law presented by said
    petition and to be decided.
    Sixth. Finality of decision of court of appeals
      The determination of said court of appeals upon said questions
    shall be final, and, being certified by the clerk thereof to said
    district court, judgment pursuant thereto shall thereupon be
    entered by said district court.
    Seventh. Judgment where petitioner's contentions are sustained
      If the petitioner's contentions are finally sustained, judgment
    shall be entered setting aside the award in whole or, if the
    parties so agree, in part; but in such case the parties may agree
    upon a judgment to be entered disposing of the subject matter of
    the controversy, which judgment when entered shall have the same
    force and effect as judgment entered upon an award.
    Eighth. Duty of employee to render service without consent; right
      to quit
      Nothing in this chapter shall be construed to require an
    individual employee to render labor or service without his consent,
    nor shall anything in this chapter be construed to make the
    quitting of his labor or service by an individual employee an
    illegal act; nor shall any court issue any process to compel the
    performance by an individual employee of such labor or service,
    without his consent.

-SOURCE-
    (May 20, 1926, ch. 347, Sec. 9, 44 Stat. 585; June 25, 1948, ch.
    646, Sec. 32(a), 62 Stat. 991; May 24, 1949, ch. 139, Sec. 127, 63
    Stat. 107.)

-COD-
                               CODIFICATION                           
      As originally enacted, pars. Fifth and Sixth contained references
    to the "circuit court of appeals". Act June 25, 1948, as amended by
    act May 24, 1949, substituted "court of appeals" for "circuit court
    of appeals".

-End-



-CITE-
    45 USC Sec. 159a                                            01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 8 - RAILWAY LABOR
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 159a. Special procedure for commuter service

-STATUTE-
    (a) Applicability of provisions
      Except as provided in section 590(h) (!1) of this title, the
    provisions of this section shall apply to any dispute subject to
    this chapter between a publicly funded and publicly operated
    carrier providing rail commuter service (including the Amtrak
    Commuter Services Corporation) and its employees.

    (b) Request for establishment of emergency board
      If a dispute between the parties described in subsection (a) of
    this section is not adjusted under the foregoing provisions of this
    chapter and the President does not, under section 160 of this
    title, create an emergency board to investigate and report on such
    dispute, then any party to the dispute or the Governor of any State
    through which the service that is the subject of the dispute is
    operated may request the President to establish such an emergency
    board.
    (c) Establishment of emergency board
      (1) Upon the request of a party or a Governor under subsection
    (b) of this section, the President shall create an emergency board
    to investigate and report on the dispute in accordance with section
    160 of this title. For purposes of this subsection, the period
    during which no change, except by agreement, shall be made by the
    parties in the conditions out of which the dispute arose shall be
    120 days from the day of the creation of such emergency board.
      (2) If the President, in his discretion, creates a board to
    investigate and report on a dispute between the parties described
    in subsection (a) of this section, the provisions of this section
    shall apply to the same extent as if such board had been created
    pursuant to paragraph (1) of this subsection.
    (d) Public hearing by National Mediation Board upon failure of
      emergency board to effectuate settlement of dispute
      Within 60 days after the creation of an emergency board under
    this section, if there has been no settlement between the parties,
    the National Mediation Board shall conduct a public hearing on the
    dispute at which each party shall appear and provide testimony
    setting forth the reasons it has not accepted the recommendations
    of the emergency board for settlement of the dispute.
    (e) Establishment of second emergency board
      If no settlement in the dispute is reached at the end of the 120-
    day period beginning on the date of the creation of the emergency
    board, any party to the dispute or the Governor of any State
    through which the service that is the subject of the dispute is
    operated may request the President to establish another emergency
    board, in which case the President shall establish such emergency
    board.
    (f) Submission of final offers to second emergency board by parties
      Within 30 days after creation of a board under subsection (e) of
    this section, the parties to the dispute shall submit to the board
    final offers for settlement of the dispute.
    (g) Report of second emergency board
      Within 30 days after the submission of final offers under
    subsection (f) of this section, the emergency board shall submit a
    report to the President setting forth its selection of the most
    reasonable offer.
    (h) Maintenance of status quo during dispute period
      From the time a request to establish a board is made under
    subsection (e) of this section until 60 days after such board makes
    its report under subsection (g) of this section, no change, except
    by agreement, shall be made by the parties in the conditions out of
    which the dispute arose.
    (i) Work stoppages by employees subsequent to carrier offer
      selected; eligibility of employees for benefits
      If the emergency board selects the final offer submitted by the
    carrier and, after the expiration of the 60-day period described in
    subsection (h) of this section, the employees of such carrier
    engage in any work stoppage arising out of the dispute, such
    employees shall not be eligible during the period of such work
    stoppage for benefits under the Railroad Unemployment Insurance Act
    [45 U.S.C. 351 et seq.].
    (j) Work stoppages by employees subsequent to employees offer
      selected; eligibility of employer for benefits
      If the emergency board selects the final offer submitted by the
    employees and, after the expiration of the 60-day period described
    in subsection (h) of this section, the carrier refuses to accept
    the final offer submitted by the employees and the employees of
    such carrier engage in any work stoppage arising out of the
    dispute, the carrier shall not participate in any benefits of any
    agreement between carriers which is designed to provide benefits to
    such carriers during a work stoppage.

-SOURCE-
    (May 20, 1926, ch. 347, Sec. 9A, as added Pub. L. 97-35, title XI,
    Sec. 1157, Aug. 13, 1981, 95 Stat. 681.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 590(h) of this title, referred to in subsec. (a), was
    repealed by Pub. L. 103-272, Sec. 7(b), July 5, 1994, 108 Stat.
    1379.
      The Railroad Unemployment Insurance Act, referred to in subsec.
    (i), is act June 25, 1938, ch. 680, 52 Stat. 1094, as amended,
    which is classified principally to chapter 11 (Sec. 351 et seq.) of
    this title. For complete classification of this Act to the Code,
    see section 367 of this title and Tables.


-MISC1-
                              EFFECTIVE DATE                          
      Section effective Aug. 13, 1981, see section 1169 of Pub. L. 97-
    35, set out as a note under section 1101 of this title.

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    45 USC Sec. 160                                             01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 8 - RAILWAY LABOR
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 160. Emergency board

-STATUTE-
      If a dispute between a carrier and its employees be not adjusted
    under the foregoing provisions of this chapter and should, in the
    judgment of the Mediation Board, threaten substantially to
    interrupt interstate commerce to a degree such as to deprive any
    section of the country of essential transportation service, the
    Mediation Board shall notify the President, who may thereupon, in
    his discretion, create a board to investigate and report respecting
    such dispute. Such board shall be composed of such number of
    persons as to the President may seem desirable: Provided, however,
    That no member appointed shall be pecuniarily or otherwise
    interested in any organization of employees or any carrier. The
    compensation of the members of any such board shall be fixed by the
    President. Such board shall be created separately in each instance
    and it shall investigate promptly the facts as to the dispute and
    make a report thereon to the President within thirty days from the
    date of its creation.
      There is authorized to be appropriated such sums as may be
    necessary for the expenses of such board, including the
    compensation and the necessary traveling expenses and expenses
    actually incurred for subsistence, of the members of the board. All
    expenditures of the board shall be allowed and paid on the
    presentation of itemized vouchers therefor approved by the
    chairman.
      After the creation of such board and for thirty days after such
    board has made its report to the President, no change, except by
    agreement, shall be made by the parties to the controversy in the
    conditions out of which the dispute arose.

-SOURCE-
    (May 20, 1926, ch. 347, Sec. 10, 44 Stat. 586; June 21, 1934, ch.
    691, Sec. 7, 48 Stat. 1197.)


-MISC1-
                                AMENDMENTS                            
      1934 - Act June 21, 1934, substituted "Mediation Board" for
    "Board of Mediation" wherever appearing.

-End-



-CITE-
    45 USC Sec. 161                                             01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 8 - RAILWAY LABOR
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 161. Effect of partial invalidity of chapter

-STATUTE-
      If any provision of this chapter, or the application thereof to
    any person or circumstance, is held invalid, the remainder of the
    chapter, and the application of such provision to other persons or
    circumstances, shall not be affected thereby.

-SOURCE-
    (May 20, 1926, ch. 347, Sec. 11, 44 Stat. 587.)


-MISC1-
              SEPARABILITY; REPEAL OF INCONSISTENT PROVISIONS          
      Section 8 of act June 21, 1934, provided that: "If any section,
    subsection, sentence, clause, or phrase of this Act [amending
    sections 151 to 158, 160, and 162 of this title] is for any reason
    held to be unconstitutional, such decision shall not affect the
    validity of the remaining portions of this Act. All Acts or parts
    of Acts inconsistent with the provisions of this Act are hereby
    repealed."

-End-



-CITE-
    45 USC Sec. 162                                             01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 8 - RAILWAY LABOR
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 162. Authorization of appropriations

-STATUTE-
      There is authorized to be appropriated such sums as may be
    necessary for expenditure by the Mediation Board in carrying out
    the provisions of this chapter.

-SOURCE-
    (May 20, 1926, ch. 347, Sec. 12, 44 Stat. 587; June 21, 1934, ch.
    691, Sec. 7, 48 Stat. 1197.)


-MISC1-
                                AMENDMENTS                            
      1934 - Act June 21, 1934, substituted "Mediation Board" for
    "Board of Mediation".

-End-



-CITE-
    45 USC Sec. 163                                             01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 8 - RAILWAY LABOR
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 163. Repeal of prior legislation; exception

-STATUTE-
      Chapters 6 and 7 of this title, providing for mediation,
    conciliation, and arbitration, and all Acts and parts of Acts in
    conflict with the provisions of this chapter are repealed, except
    that the members, secretary, officers, employees, and agents of the
    Railroad Labor Board, in office on May 20, 1926, shall receive
    their salaries for a period of 30 days from such date, in the same
    manner as though this chapter had not been passed.

-SOURCE-
    (May 20, 1926, ch. 347, Sec. 14, 44 Stat. 587.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Chapters 6 and 7 of this title, referred to in text, were in the
    original references to the act of July 15, 1913, and title III of
    the Transportation Act, 1920, respectively.

-End-



-CITE-
    45 USC Sec. 164                                             01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 8 - RAILWAY LABOR
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 164. Repealed. Oct. 10, 1940, ch. 851, Sec. 4, 54 Stat. 1111

-MISC1-
      Section, act Feb. 11, 1927, ch. 104, Sec. 1, 44 Stat. 1072,
    related to advertisements for proposals for purchases or services
    rendered for Board of Mediation, including arbitration boards. See
    section 5 of Title 41, Public Contracts.

-End-


-CITE-
    45 USC SUBCHAPTER II - CARRIERS BY AIR                      01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 8 - RAILWAY LABOR
    SUBCHAPTER II - CARRIERS BY AIR

-HEAD-
                      SUBCHAPTER II - CARRIERS BY AIR                  

-End-



-CITE-
    45 USC Sec. 181                                             01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 8 - RAILWAY LABOR
    SUBCHAPTER II - CARRIERS BY AIR

-HEAD-
    Sec. 181. Application of subchapter I to carriers by air

-STATUTE-
      All of the provisions of subchapter I of this chapter except
    section 153 of this title are extended to and shall cover every
    common carrier by air engaged in interstate or foreign commerce,
    and every carrier by air transporting mail for or under contract
    with the United States Government, and every air pilot or other
    person who performs any work as an employee or subordinate official
    of such carrier or carriers, subject to its or their continuing
    authority to supervise and direct the manner of rendition of his
    service.

-SOURCE-
    (May 20, 1926, ch. 347, Sec. 201, as added Apr. 10, 1936, ch. 166,
    49 Stat. 1189.)

-End-



-CITE-
    45 USC Sec. 182                                             01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 8 - RAILWAY LABOR
    SUBCHAPTER II - CARRIERS BY AIR

-HEAD-
    Sec. 182. Duties, penalties, benefits, and privileges of subchapter
      I applicable

-STATUTE-
      The duties, requirements, penalties, benefits, and privileges
    prescribed and established by the provisions of subchapter I of
    this chapter except section 153 of this title shall apply to said
    carriers by air and their employees in the same manner and to the
    same extent as though such carriers and their employees were
    specifically included within the definition of "carrier" and
    "employee", respectively, in section 151 of this title.

-SOURCE-
    (May 20, 1926, ch. 347, Sec. 202, as added Apr. 10, 1936, ch. 166,
    49 Stat. 1189.)

-End-



-CITE-
    45 USC Sec. 183                                             01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 8 - RAILWAY LABOR
    SUBCHAPTER II - CARRIERS BY AIR

-HEAD-
    Sec. 183. Disputes within jurisdiction of Mediation Board

-STATUTE-
      The parties or either party to a dispute between an employee or a
    group of employees and a carrier or carriers by air may invoke the
    services of the National Mediation Board and the jurisdiction of
    said Mediation Board is extended to any of the following cases:
      (a) A dispute concerning changes in rates of pay, rules, or
    working conditions not adjusted by the parties in conference.
      (b) Any other dispute not referable to an adjustment board, as
    hereinafter provided, and not adjusted in conference between the
    parties, or where conferences are refused.
      The National Mediation Board may proffer its services in case any
    labor emergency is found by it to exist at any time.
      The services of the Mediation Board may be invoked in a case
    under this subchapter in the same manner and to the same extent as
    are the disputes covered by section 155 of this title.

-SOURCE-
    (May 20, 1926, ch. 347, Sec. 203, as added Apr. 10, 1936, ch. 166,
    49 Stat. 1189.)

-End-



-CITE-
    45 USC Sec. 184                                             01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 8 - RAILWAY LABOR
    SUBCHAPTER II - CARRIERS BY AIR

-HEAD-
    Sec. 184. System, group, or regional boards of adjustment

-STATUTE-
      The disputes between an employee or group of employees and a
    carrier or carriers by air growing out of grievances, or out of the
    interpretation or application of agreements concerning rates of
    pay, rules, or working conditions, including cases pending and
    unadjusted on April 10, 1936 before the National Labor Relations
    Board, shall be handled in the usual manner up to and including the
    chief operating officer of the carrier designated to handle such
    disputes; but, failing to reach an adjustment in this manner, the
    disputes may be referred by petition of the parties or by either
    party to an appropriate adjustment board, as hereinafter provided,
    with a full statement of the facts and supporting data bearing upon
    the disputes.
      It shall be the duty of every carrier and of its employees,
    acting through their representatives, selected in accordance with
    the provisions of this subchapter, to establish a board of
    adjustment of jurisdiction not exceeding the jurisdiction which may
    be lawfully exercised by system, group, or regional boards of
    adjustment, under the authority of section 153 of this title.
      Such boards of adjustment may be established by agreement between
    employees and carriers either on any individual carrier, or system,
    or group of carriers by air and any class or classes of its or
    their employees; or pending the establishment of a permanent
    National Board of Adjustment as hereinafter provided. Nothing in
    this chapter shall prevent said carriers by air, or any class or
    classes of their employees, both acting through their
    representatives selected in accordance with provisions of this
    subchapter, from mutually agreeing to the establishment of a
    National Board of Adjustment of temporary duration and of similarly
    limited jurisdiction.

-SOURCE-
    (May 20, 1926, ch. 347, Sec. 204, as added Apr. 10, 1936, ch. 166,
    49 Stat. 1189.)

-End-



-CITE-
    45 USC Sec. 185                                             01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 8 - RAILWAY LABOR
    SUBCHAPTER II - CARRIERS BY AIR

-HEAD-
    Sec. 185. National Air Transport Adjustment Board

-STATUTE-
      When, in the judgment of the National Mediation Board, it shall
    be necessary to have a permanent national board of adjustment in
    order to provide for the prompt and orderly settlement of disputes
    between said carriers by air, or any of them, and its or their
    employees, growing out of grievances or out of the interpretation
    or application of agreements between said carriers by air or any of
    them, and any class or classes of its or their employees, covering
    rates of pay, rules, or working conditions, the National Mediation
    Board is empowered and directed, by its order duly made, published,
    and served, to direct the said carriers by air and such labor
    organizations of their employees, national in scope, as have been
    or may be recognized in accordance with the provisions of this
    chapter, to select and designate four representatives who shall
    constitute a board which shall be known as the "National Air
    Transport Adjustment Board." Two members of said National Air
    Transport Adjustment Board shall be selected by said carriers by
    air and two members by the said labor organizations of the
    employees, within thirty days after the date of the order of the
    National Mediation Board, in the manner and by the procedure
    prescribed by section 153 of this title for the selection and
    designation of members of the National Railroad Adjustment Board.
    The National Air Transport Adjustment Board shall meet within forty
    days after the date of the order of the National Mediation Board
    directing the selection and designation of its members and shall
    organize and adopt rules for conducting its proceedings, in the
    manner prescribed in section 153 of this title. Vacancies in
    membership or office shall be filled, members shall be appointed in
    case of failure of the carriers or of labor organizations of the
    employees to select and designate representatives, members of the
    National Air Transport Adjustment Board shall be compensated,
    hearings shall be held, findings and awards made, stated, served,
    and enforced, and the number and compensation of any necessary
    assistants shall be determined and the compensation of such
    employees shall be paid, all in the same manner and to the same
    extent as provided with reference to the National Railroad
    Adjustment Board by section 153 of this title. The powers and
    duties prescribed and established by the provisions of section 153
    of this title with reference to the National Railroad Adjustment
    Board and the several divisions thereof are conferred upon and
    shall be exercised and performed in like manner and to the same
    extent by the said National Air Transport Adjustment Board, not
    exceeding, however, the jurisdiction conferred upon said National
    Air Transport Adjustment Board by the provisions of this
    subchapter. From and after the organization of the National Air
    Transport Adjustment Board, if any system, group, or regional board
    of adjustment established by any carrier or carriers by air and any
    class or classes of its or their employees is not satisfactory to
    either party thereto, the said party, upon ninety days' notice to
    the other party, may elect to come under the jurisdiction of the
    National Air Transport Adjustment Board.

-SOURCE-
    (May 20, 1926, ch. 347, Sec. 205, as added Apr. 10, 1936, ch. 166,
    49 Stat. 1190.)

-End-



-CITE-
    45 USC Sec. 186                                             01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 8 - RAILWAY LABOR
    SUBCHAPTER II - CARRIERS BY AIR

-HEAD-
    Sec. 186. Omitted

-COD-
                               CODIFICATION                           
      Section, act May 20, 1926, ch. 347, Sec. 206, as added Apr. 10,
    1936, ch. 166, 49 Stat. 1191, transferred certain pending cases
    before National Labor Relations Board to Mediation Board.

-End-



-CITE-
    45 USC Sec. 187                                             01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 8 - RAILWAY LABOR
    SUBCHAPTER II - CARRIERS BY AIR

-HEAD-
    Sec. 187. Separability

-STATUTE-
      If any provision of this subchapter or application thereof to any
    person or circumstance is held invalid, the remainder of such
    sections and the application of such provision to other persons or
    circumstances shall not be affected thereby.

-SOURCE-
    (May 20, 1926, ch. 347, Sec. 207, as added Apr. 10, 1936, ch. 166,
    49 Stat. 1191.)

-End-



-CITE-
    45 USC Sec. 188                                             01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 8 - RAILWAY LABOR
    SUBCHAPTER II - CARRIERS BY AIR

-HEAD-
    Sec. 188. Authorization of appropriations

-STATUTE-
      There is authorized to be appropriated such sums as may be
    necessary for expenditure by the Mediation Board in carrying out
    the provisions of this chapter.

-SOURCE-
    (May 20, 1926, ch. 347, Sec. 208, as added Apr. 10, 1936, ch. 166,
    49 Stat. 1191.)

-End-


-CITE-
    45 USC CHAPTER 9 - RETIREMENT OF RAILROAD EMPLOYEES         01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 9 - RETIREMENT OF RAILROAD EMPLOYEES

-HEAD-
               CHAPTER 9 - RETIREMENT OF RAILROAD EMPLOYEES           


-MISC1-
              SUBCHAPTER I - RAILROAD RETIREMENT ACT OF 1934          
    Sec.                                                     
    201 to 214. Omitted or Repealed.                                  

              SUBCHAPTER II - RAILROAD RETIREMENT ACT OF 1935          
    215 to 228. Omitted.                                              

             SUBCHAPTER III - RAILROAD RETIREMENT ACT OF 1937         
    228a to 228z-1. Omitted or Repealed.                              

              SUBCHAPTER IV - RAILROAD RETIREMENT ACT OF 1974          
    231.        Definitions.                                          
    231a.       Annuity eligibility requirements.                     
                  (a)  Individuals eligible for annuities; disability
                        standards; proof of continued disability.     
                  (b)  Individuals eligible for supplemental
                        annuities.                                    
                  (c)  Spouses eligible for annuities.                
                  (d)  Survivors eligible for annuities.              
                  (e)  Compensated service; rights to return.         
                  (f)  Deductions on account of work.                 
                  (g)  Employment compensation of survivors;
                        deductions.                                   
                  (h)  Military service; reductions.                  
                  (i)  Limitation; service accrued after 1995.        
    231b.       Computation of annuities.                             
                  (a)  Amount.                                        
                  (b)  Increased annuities under subsection (a).      
                  (c), (d) Repealed.                                  
                  (e)  Supplemental annuities.                        
                  (f)  Reductions in annuities.                       
                  (g)  Increased annuities under subsection (b).      
                  (h)  Increased annuities under subsections (a) and
                        (b).                                          
                  (i)  Years of service.                              
                  (j)  Average monthly compensation.                  
                  (k)  Employee representatives.                      
                  (l)  Reductions for increased annuities.            
                  (m)  Reductions due to monthly social security
                        payments.                                     
    231c.       Computation of spouse and survivor annuities.         
                  (a)  Amount of spouses' annuities; age.             
                  (b)  Increases in spouses' annuities in accordance
                        with section 231b(b), (c), (d) of this title. 
                  (c)  Repealed.                                      
                  (d)  Increases in spouses' annuities in accordance
                        with section 231b(g) of this title.           
                  (e)  Increases in particular spouses' annuities.    
                  (f)  Amount of survivors' annuities; age;
                        entitlement.                                  
                  (g)  Increases in survivor's annuities in accordance
                        with subsection (f).                          
                  (h)  Increases in particular widows' and widowers'
                        annuities.                                    
                  (i)  Reductions in survivors' annuities.            
    231d.       Annuity beginning and ending dates.                   
                  (a)  Annuities under section 231a of this title.    
                  (b)  Applications for payment.                      
                  (c)  Individual's entitlement.                      
    231e.       Lump sum payments.                                    
                  (a)  Eligible annuities; applications; reversion;
                        determination of status of recipient.         
                  (b)  Payments in accordance with Railroad Retirement
                        Act of 1937 and Social Security Act.          
                  (c)  Payments in the absence of further benefits.   
                  (d)  Payments to recipients ineligible for certain
                        other annuities.                              
                  (e)  Additional lump sum payment in certain cases.  
    231f.       Railroad Retirement Board.                            
                  (a)  Administration.                                
                  (b)  Powers and duties.                             
                  (c)  Sources of payments; adjustments.              
                  (d)  Hospital insurance benefits; certified
                        beneficiaries; disability insurance benefits;
                        services in Canada; exchange of information.  
                  (e)  Acceptance of gifts and bequests.              
                  (f)  Congressional copies of documents submitted or
                        transmitted to President or Office of
                        Management and Budget.                        
    231f-1.     Annual actuarial report.                              
    231g.       Court jurisdiction.                                   
    231h.       Returns of compensation; conclusiveness.              
    231i.       Erroneous payments.                                   
                  (a)  Recovery.                                      
                  (b)  Adjustments.                                   
                  (c)  Decision not to recover.                       
                  (d)  Liability of officers.                         
    231j.       Waiver of annuities.                                  
    231k.       Incompetence.                                         
    231l.       Penalties.                                            
    231m.       Assignability; exemption from levy.                   
    231n.       Railroad Retirement Account.                          
                  (a)  Maintenance of account; authorization of
                        appropriations.                               
                  (b)  Authorization of appropriations; military
                        service costs and administrative expenses.    
                  (c)  Repealed.                                      
                  (d)  Dual Benefits Payments Account.                
                  (e)  Investments.                                   
                  (f)  Actuarial Advisory Committee.                  
                  (g)  Annual report.                                 
                  (h)  Authorization of appropriations; administrative
                        expenses of subchapter.                       
                  (i)  Crediting of accounts for unnegotiated benefit
                        checks.                                       
                  (j)  National Railroad Retirement Investment Trust. 
                  (k)  Transfers to the Trust.                        
                  (l)  National Railroad Retirement Investment Trust. 
    231n-1.     Social Security Equivalent Benefit Account.           
                  (a)  Establishment.                                 
                  (b)  Transfers, etc., to Social Security Equivalent
                        Benefit Account.                              
                  (c)  Availability and transfer of funds.            
                  (d)  Transfers to Social Security Equivalent Benefit
                        Account and National Railroad Retirement
                        Investment Trust.                             
                  (e)  Applicability of section 231n.                 
                  (f)  References to Railroad Retirement Account
                        deemed references to Social Security
                        Equivalent Benefit Account; "social security
                        equivalent benefits" defined.                 
    231o.       Private pensions.                                     
    231p.       Free transportation.                                  
    231q.       Crediting service under Social Security Act.          
    231r.       Automatic benefit eligibility requirement adjustments.
                  (a)  Reduced benefits.                              
                  (b)  Additional eligible beneficiaries.             
                  (c)  Reduced conditions of entitlement; expanded
                        benefits.                                     
                  (d)  Limitations.                                   
    231s.       Separability.                                         
    231t.       Short title.                                          
    231u.       Benefit preservation.                                 
    231v.       Computation and certification of account benefit
                 ratios.                                              
                  (a)  Initial computation and certification.         
                  (b)  Computations and certifications after 2003.    
                  (c)  Definition.                                    

-End-


-CITE-
    45 USC SUBCHAPTER I - RAILROAD RETIREMENT ACT OF 1934       01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 9 - RETIREMENT OF RAILROAD EMPLOYEES
    SUBCHAPTER I - RAILROAD RETIREMENT ACT OF 1934

-HEAD-
              SUBCHAPTER I - RAILROAD RETIREMENT ACT OF 1934          

-End-



-CITE-
    45 USC Secs. 201 to 208                                     01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 9 - RETIREMENT OF RAILROAD EMPLOYEES
    SUBCHAPTER I - RAILROAD RETIREMENT ACT OF 1934

-HEAD-
    Secs. 201 to 208. Omitted

-COD-
                               CODIFICATION                           
      Sections 201 to 208, sections 1 to 8, respectively, of act June
    27, 1934, ch. 868, Sec. 1, 48 Stat. 1283-1286, were omitted
    pursuant to the decision in the case of Railroad Retirement Board
    v. Alton R. Co. (Dist. of Col., 1935), 295 U.S. 330, 55 S.Ct. 758,
    79 L.Ed. 1468, declaring this subchapter unconstitutional.
      Section 201 defined terms for purposes of this subchapter.
      Section 202 stated purposes of this subchapter and required a
    special report to be sent from the Railroad Retirement Board to the
    President.
      Section 203 related to annuities paid under this subchapter.
      Section 204 related to compulsory retirement.
      Section 205 related to employee contributions.
      Section 206 related to existing pension systems.
      Section 207 related to employee representatives.
      Section 208 related to retirement fund established under this
    subchapter.
      Provisions relating to refund of sums paid by railroads and other
    carriers of the United States under this subchapter were contained
    in act June 1, 1938, ch. 315, Secs. 1, 2, 52 Stat. 608.

-End-



-CITE-
    45 USC Sec. 209                                             01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 9 - RETIREMENT OF RAILROAD EMPLOYEES
    SUBCHAPTER I - RAILROAD RETIREMENT ACT OF 1934

-HEAD-
    Sec. 209. Repealed. Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80
      Stat. 649

-MISC1-
      Section, act June 27, 1934, ch. 868, Sec. 9, 48 Stat. 1287,
    established a Railroad Retirement Board and set out its functions.

-End-



-CITE-
    45 USC Secs. 210 to 214                                     01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 9 - RETIREMENT OF RAILROAD EMPLOYEES
    SUBCHAPTER I - RAILROAD RETIREMENT ACT OF 1934

-HEAD-
    Secs. 210 to 214. Omitted

-COD-
                               CODIFICATION                           
      Sections 210 to 214, sections 10 to 14, respectively, of act June
    27, 1934, ch. 868, Sec. 10, 48 Stat. 1288, 1289, were omitted as
    unconstitutional. See section 201 of this title.
      Section 210 related to jurisdiction of certain courts.
      Section 211 related to exemption of annuities or death payments
    from legal process.
      Section 212 related to penalties for missed payments by carriers
    and has been omitted from the Code as unconstitutional.
      Section 213 related to certain other penalties.
      Section 214 related to separability of provisions.

-End-


-CITE-
    45 USC SUBCHAPTER II - RAILROAD RETIREMENT ACT OF 1935      01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 9 - RETIREMENT OF RAILROAD EMPLOYEES
    SUBCHAPTER II - RAILROAD RETIREMENT ACT OF 1935

-HEAD-
              SUBCHAPTER II - RAILROAD RETIREMENT ACT OF 1935          

-COD-
                               CODIFICATION                           
      This subchapter was comprised of act Aug. 29, 1935, ch. 812,
    Secs. 1-14, 49 Stat. 967 to 973, known as the Railroad Retirement
    Act of 1935, and was amended in its entirety and completely revised
    by act June 24, 1937, ch. 382, 50 Stat. 307. The act, as amended
    and revised, was redesignated the Railroad Retirement Act of 1937
    and was classified to subchapter III of this chapter. The Railroad
    Retirement Act of 1935 continued in effect with respect to
    individuals granted annuities prior to enactment of the Railroad
    Retirement Act of 1937. It was specifically amended by act June 11,
    1940, ch. 307, Sec. 2, 54 Stat. 264, and by act Aug. 13, 1940, ch.
    664, Secs. 2, 3, 54 Stat. 785.

-End-



-CITE-
    45 USC Secs. 215 to 228                                     01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 9 - RETIREMENT OF RAILROAD EMPLOYEES
    SUBCHAPTER II - RAILROAD RETIREMENT ACT OF 1935

-HEAD-
    Secs. 215 to 228. Omitted

-COD-
                               CODIFICATION                           
      Sections 215 to 228 were omitted pursuant to the amendment and
    revision of act Aug. 29, 1935, ch. 812 by act June 24, 1937, ch.
    382, 50 Stat. 307, known as the Railroad Retirement Act of 1937.
      Section 215, acts Aug. 29, 1935, ch. 812, Sec. 1, 49 Stat. 967;
    June 11, 1940, ch. 307, Sec. 2, 54 Stat. 264; Aug. 13, 1940, ch.
    664, Secs. 2, 3, 54 Stat. 780, defined terms for purposes of this
    subchapter.
      Section 216, act Aug. 29, 1935, ch. 812, Sec. 2, 49 Stat. 968,
    related to reductions in annuities of employees working beyond age
    sixty-five.
      Section 217, act Aug. 29, 1935, ch. 812, Sec. 3, 49 Stat. 969,
    related to employees eligible for annuities under this subchapter.
      Section 218, act Aug. 29, 1935, ch. 812, Sec. 4, 49 Stat. 969,
    related to annuities to representatives under this subchapter.
      Section 219, act Aug. 29, 1935, ch. 812, Sec. 5, 49 Stat. 970,
    related to death payments under this subchapter.
      Section 220, act Aug. 29, 1935, ch. 812, Sec. 6, 49 Stat. 970,
    related to establishment of Railroad Retirement Board.
      Section 221, act Aug. 29, 1935, ch. 812, Sec. 7, 49 Stat. 971,
    related to issuance of a special report on retirement system by
    Board.
      Section 222, act Aug. 29, 1935, ch. 812, Sec. 8, 49 Stat. 972,
    related to establishment of Investigation Commission.
      Section 223, act Aug. 29, 1935, ch. 812, Sec. 9, 49 Stat. 973,
    related to court jurisdiction under this subchapter.
      Section 224, act Aug. 29, 1935, ch. 812, Sec. 10, 49 Stat. 973,
    related to assignability of annuity payments.
      Section 225, act Aug. 29, 1935, ch. 812, Sec. 11, 49 Stat. 973,
    related to penalties under this subchapter.
      Section 226, act Aug. 29, 1935, ch. 812, Sec. 12, 49 Stat. 973,
    related to separability of provisions.
      Section 227, act Aug. 29, 1935, ch. 812, Sec. 13, 49 Stat. 973,
    related to authorization of appropriations under this subchapter.
      Section 228, act Aug. 29, 1935, ch. 812, Sec. 14, 49 Stat. 973,
    related to short title of this subchapter.


-MISC1-
             EFFECT OF AMENDMENTS TO SECTION 215 OF THIS TITLE         
      Act June 11, 1940, ch. 307, Sec. 2, 54 Stat. 264, provided that
    the amendment of section 215 of this title by act June 11, 1940,
    was to have the same effect as if it had been part of the Railroad
    Retirement Act of 1935 from its enactment on Aug. 29, 1935.

    SHORT TITLE; CONTINUATION AND EFFECT OF RAILROAD RETIREMENT ACT OF
                                   1935
      Act June 24, 1937, ch. 382, Secs. 201-205, 50 Stat. 318, 319, as
    amended by acts Oct. 8, 1940, ch. 757, title VI, pt. II, 54 Stat.
    1014; Apr. 8, 1942, ch. 227, Sec. 10, 56 Stat. 207; Oct. 30, 1966,
    Pub. L. 89-700, title I, Sec. 111, 80 Stat. 1085, provided that act
    Aug. 29, 1935, ch. 812, Secs. 1 to 14, 49 Stat. 967 to 973,
    comprising subchapter II of this chapter, as in effect prior to
    amendment by act June 24, 1937, was to be known as the Railroad
    Retirement Act of 1935 and that such act, as amended by act June
    24, 1937, was to be known as the Railroad Retirement Act of 1937,
    set out transitional provisions for adjudication of claims under
    both the Railroad Retirement Acts of 1935 and 1937, and provided
    that the enactment of act June 24, 1937 was to have no effect on
    members of the Railroad Retirement Board in office on June 24,
    1937, except that persons experienced in railroad service were to
    be retained in the employ of the Board, even if unqualified for
    service under the civil service law and rules, where the Board
    determined that they possessed the necessary qualifications.

-End-


-CITE-
    45 USC SUBCHAPTER III - RAILROAD RETIREMENT ACT OF 1937     01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 9 - RETIREMENT OF RAILROAD EMPLOYEES
    SUBCHAPTER III - RAILROAD RETIREMENT ACT OF 1937

-HEAD-
             SUBCHAPTER III - RAILROAD RETIREMENT ACT OF 1937         

-COD-
                               CODIFICATION                           
      This subchapter was comprised of act Aug. 29, 1935, ch. 812, as
    restated by act June 24, 1937, ch. 382, 50 Stat. 307, known as the
    Railroad Retirement Act of 1937. The Railroad Retirement Act of
    1937 was amended in its entirety and completely revised by Pub. L.
    93-445, title I, Sec. 101, Oct. 16, 1974, 88 Stat. 1305, effective
    Jan. 1, 1975. The act, as amended and revised by Pub. L. 93-445,
    was redesignated the Railroad Retirement Act of 1974 and is
    classified to subchapter IV of this chapter.

-End-



-CITE-
    45 USC Secs. 228a to 228c-1                                 01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 9 - RETIREMENT OF RAILROAD EMPLOYEES
    SUBCHAPTER III - RAILROAD RETIREMENT ACT OF 1937

-HEAD-
    Secs. 228a to 228c-1. Omitted

-COD-
                               CODIFICATION                           
      Sections 228a to 228c-1 were omitted pursuant to the amendment
    and revision of act Aug. 29, 1935, ch. 812, by Pub. L. 93-445,
    title I, Sec. 101, Oct. 16, 1974, 88 Stat. 1305, known as the
    Railroad Retirement Act of 1974.
      Section 228a, act Aug. 29, 1935, ch. 812, Sec. 1, as restated
    June 24, 1937, ch. 382, pt. I, Sec. 1, 50 Stat. 307; amended June
    11, 1940, ch. 307, Sec. 1, 54 Stat. 264; Aug. 13, 1940, ch. 664,
    Secs. 1, 3, 54 Stat. 785, 786; Oct. 10, 1940, ch. 842, Sec. 25, 54
    Stat. 1100; Apr. 8, 1942, ch. 227, Sec. 13, 56 Stat. 209; July 31,
    1946, ch. 709, Secs. 1, 2, 201 to 204, 60 Stat. 722, 725 to 727;
    Oct. 30, 1951, ch. 632, Sec. 1, 65 Stat. 683; July 18, 1952, ch.
    945, Sec. 6(d)(1), 66 Stat. 777; Aug. 31, 1954, ch. 1164, pt. I,
    Sec. 1, 68 Stat. 1038; Sept. 1, 1954, ch. 1206, title IV, Sec.
    401(a), 68 Stat. 1097; Aug. 1, 1956, ch. 836, title I, Sec. 120(a),
    70 Stat. 836; Aug. 1, 1956, ch. 837, title IV, Sec. 408(c), 70
    Stat. 877; Aug. 30, 1957, Pub. L. 85-238, Sec. 4(a), 71 Stat. 520;
    Aug. 28, 1958, Pub. L. 85-840, title VII, Sec. 703, 72 Stat. 1056;
    Sept. 13, 1960, Pub. L. 86-778, title VII, Sec. 708, 74 Stat. 997;
    June 30, 1961, Pub. L. 87-64, title III, Sec. 301, 75 Stat. 142;
    July 30, 1965, Pub. L. 89-97, title III, Sec. 326(a), 79 Stat. 400;
    Sept. 29, 1965, Pub. L. 89-212, Sec. 2(f), 79 Stat. 860; Oct. 30,
    1966, Pub. L. 89-700, title I, Sec. 101, 80 Stat. 1079; Feb. 15,
    1968, Pub. L. 90-257, title I, Sec. 101, 82 Stat. 16; Oct. 22,
    1968, Pub. L. 90-624, Sec. 2, 82 Stat. 1316, defined terms for
    purposes of this subchapter. See section 231 of this title.
      Section 228b, act Aug. 29, 1935, ch. 812, Sec. 2, as restated
    June 24, 1937, ch. 382, pt. I, Sec. 1, 50 Stat. 309; amended July
    31, 1946, ch. 709, Secs. 205, 206, 60 Stat. 727, 728; Oct. 30,
    1951, ch. 632, Secs. 2, 3, 5, 65 Stat. 683; Aug. 31, 1954, ch.
    1164, pt. I, Secs. 2, 3, 68 Stat. 1038; Sept. 1, 1954, ch. 1206,
    title IV, Sec. 401(b), 68 Stat. 1097; Aug. 12, 1955, ch. 869, Sec.
    1, 69 Stat. 715; May 19, 1959, Pub. L. 86-28, pt. I, Sec. 1, 73
    Stat. 25; Sept. 22, 1961, Pub. L. 87-285, Secs. 1, 2, 75 Stat. 585;
    Sept. 29, 1965, Pub. L. 89-212, Sec. 1, 79 Stat. 858; Oct. 30,
    1966, Pub. L. 89-699, title II, Sec. 201(a), 80 Stat. 1075; Oct.
    30, 1966, Pub. L. 89-700, title I, Sec. 102, 80 Stat. 1079; Feb.
    15, 1968; Pub. L. 90-257, title I, Secs. 102, 103, 82 Stat. 16;
    Aug. 12, 1970, Pub. L. 91-377, Sec. 2, 84 Stat. 791; July 2, 1971,
    Pub. L. 92-46, Sec. 2, 85 Stat. 101; Oct. 4, 1972, Pub. L. 92-460,
    Sec. 1(b), (c), 86 Stat. 765; July 10, 1973, Pub. L. 93-69, title
    I, Secs. 101, 104(b), (c), 87 Stat. 162, 164, related to
    eligibility of individuals for annuities under this subchapter. See
    section 231a of this title.
      Section 228c, act Aug. 29, 1935, ch. 812, Sec. 3, as restated
    June 24, 1937, ch. 382, pt. I, Sec. 1, 50 Stat. 310; amended July
    31, 1946, ch. 709, Secs. 207-211, 60 Stat. 728, 729; June 23, 1948,
    ch. 608, Sec. 1, 62 Stat. 576; Oct. 30, 1951, ch. 632; Secs. 6-10,
    65 Stat. 684; June 16, 1954, ch. 300, Sec. 1, 68 Stat. 250; Aug.
    31, 1954, ch. 1164, pt. I, Secs. 4-7, 68 Stat. 1038, 1039; Aug. 7,
    1956, ch. 1022, Sec. 1, 70 Stat. 1076; Sept. 6, 1958, Pub. L. 85-
    927, pt. I, Sec. 1, 72 Stat. 1778; May 19, 1959, Pub. L. 86-28,
    pt. I, Sec. 2, 73 Stat. 26; Sept. 13, 1960, Pub. L. 86-778, title
    II, Sec. 211(o)(1), 74 Stat. 958; Oct. 5, 1963, Pub. L. 88-133,
    title I, Secs. 1, 2, 77 Stat. 219; Sept. 29, 1965, Pub. L. 89-212,
    Sec. 3(a), (b), 79 Stat. 860; Oct. 30, 1966, Pub. L. 89-699, title
    I, Sec. 1, title II, Sec. 201(b), (c), 80 Stat. 1073, 1075, 1076;
    Oct. 30, 1966, Pub. L. 89-700, title I, Sec. 103, title III, Sec.
    301(i), (iv)(a), 80 Stat. 1080, 1088; Feb. 15, 1968, Pub. L. 90-
    257, title I, Sec. 104, 82 Stat. 17; Mar. 17, 1970, Pub. L. 91-
    215, Secs. 1, 2, 84 Stat. 70; Aug. 12, 1970, Pub. L. 91-377, Sec.
    1, 84 Stat. 791, July 2, 1971, Pub. L. 92-46, Sec. 1, 85 Stat. 101;
    Oct. 4, 1972, Pub. L. 92-460, Sec. 1(a), (d), 86 Stat. 765; July 6,
    1973, Pub. L. 93-58, Sec. 1, 87 Stat. 141; July 10, 1973, Pub. L.
    93-69, title I, Sec. 104(a), 87 Stat. 163; Oct. 16, 1974, Pub. L.
    93-445, title VI, Sec. 601, 88 Stat. 1360, related to computation
    of annuities under this subchapter. See section 231b of this title.
      Section 228c-1, act Aug. 29, 1935, ch. 812, Sec. 4, as restated
    June 24, 1937, ch. 382, pt. I, Sec. 1, as added Oct. 8, 1940, ch.
    757, title VI, pt. II, Sec. 625, 54 Stat. 1014; amended Apr. 8,
    1942, ch. 227, Secs. 1-8, 56 Stat. 204-206; July 31, 1946, ch. 709,
    Sec. 212, 60 Stat. 729; Oct. 30, 1951, ch. 632, Sec. 4, 65 Stat.
    683; Aug. 1, 1956, ch. 837, title IV, Sec. 408(a), (b), 70 Stat.
    876; Oct. 5, 1963, Pub. L. 88-133, title I, Secs. 3, 4, 77 Stat.
    219; Oct. 30, 1966, Pub. L. 89-700, title I, Sec. 104, 80 Stat.
    1081, related to consideration of time spent in military service in
    computation of annuities. See section 228a of this title.


-MISC1-
       ANNUITIES, PENSIONS, AND JOINT AND SURVIVOR ANNUITY ELECTIONS   
      Act July 31, 1946, ch. 709, Secs. 404-407, 60 Stat. 742, provided
    that the rights of persons to whom pensions or annuities were
    awarded before July 31, 1946 were to be governed by the applicable
    provisions of law in effect prior to that date, that the election
    of a joint and survivor annuity made before July 31, 1946, by a
    person to whom the annuity accrued before Jan. 1, 1947, was to be
    given effect as though the provisions of law under which the
    election was made had continued to be operative, that death
    payments under sections 219 and 228e of this title, other than
    survivor annuities pursuant to an election, were to be made only
    with respect to deaths occurring before Jan. 1, 1947, and that any
    person to whom an annuity accrued before Jan. 1, 1947, and who
    would as of the date of the initial accrual have been entitled to
    an annuity in a greater amount by reason of the amendments by act
    July 31, 1946, had such amendments been in effect at the date of
    initial accrual, was to be awarded the annuity in such greater
    amount without additional application therefor.

    REDUCTION OF ANNUITY BECAUSE OF PRIOR DISABILITY ANNUITY TERMINATED
                                BY RECOVERY
      Act July 31, 1946, ch. 709, Sec. 408, 60 Stat. 742, provided that
    no annuities accruing after July 1946 were to be reduced under
    section 228b(a)(3) of this title in order to compensate for an
    annuity terminated by recovery from a disability.

         DUAL BENEFIT PROVISION; RETROACTIVE PAYMENT TO SURVIVORS     
      Act June 16, 1954, ch. 300, Sec. 2, 68 Stat. 250, provided that
    in the case of a decedent dying before July 1, 1954, so much of any
    annuity or pension payment due such decedent under section 228c(b)
    of this title, was to be paid only to the widow or widower of the
    decedent, if living, or to the child or children of such decedent,
    in the alternative, if living.

                           PERCENTAGE ADJUSTMENT                       
      Pub. L. 92-46, Sec. 4, July 2, 1971, 85 Stat. 101, authorized the
    Railroad Retirement Board to make certain adjustments in allowance
    percentages under this subchapter, so that the percentages when
    applied against certain social security benefits, would result in
    amounts comparable to those in effect prior to the changes made by
    Pub. L. 92-5, Mar. 17, 1971, 85 Stat. 5, known as the Social
    Security Amendments of 1971.

               RECERTIFICATIONS BY RAILROAD RETIREMENT BOARD           
      Pub. L. 93-69, Sec. 106, July 10, 1973, 87 Stat. 165, provided
    that all recertifications required by reason of the amendments made
    by sections 104 and 105 of Pub. L. 93-69 were to be made by the
    Board without application therefor.
      Pub. L. 92-460, Sec. 3, Oct. 4, 1972, 86 Stat. 766, provided that
    all recertifications required by reason of the amendments made by
    Pub. L. 92-460 were to be made by the Board without application
    therefor.
      Pub. L. 92-46, Sec. 6, July 2, 1971, 85 Stat. 102, provided that
    all recertifications required by reason of the amendments made by
    Pub. L. 92-46 were to be made by the Board without application
    therefor.
      Pub. L. 91-377, Sec. 4(b)(2), Aug. 12, 1970, 84 Stat. 792,
    provided that all recertifications required by reason of the
    amendments made by Pub. L. 91-377 to sections 228b, 228c, 228e, and
    228o of this title were to be made by the Board without application
    therefor.
      Pub. L. 90-257, Sec. 108(c), Feb. 15, 1968, 82 Stat. 23, provided
    that all recertifications required by reason of the amendments made
    by Pub. L. 90-257 to sections 228a, 228b, 228c, 228e, and 228j of
    this title were to be made by the Board without application
    therefor.
      Pub. L. 89-699, Sec. 202(b), Oct. 30, 1966, 80 Stat. 1077,
    provided that all recertifications required by reason of the
    amendments made by Pub. L. 89-699 were to be made by the Board
    without application therefor.
      Pub. L. 86-28, Sec. 6(b), Mar. 19, 1959, 73 Stat. 28, provided
    that all recertifications required by reason of the amendments made
    by Pub. L. 86-28 to sections 228b, 228c, 228e, 228s-1 and the
    enactment of section 228z-1 of this title were to be made by the
    Board without application therefor.
      Act Oct. 30, 1951, ch. 632, Sec. 25(j), 65 Stat. 691, provided
    that all recertifications by the Board under act Oct. 30, 1951 were
    to be made without applications therefor unless required by reason
    of section 9 of act Oct. 30, 1951, in which case, recertifications
    were to be made only upon application therefor in such manner and
    form as the Board was to prescribe.
      Act June 23, 1948, ch. 608, Sec. 3, 62 Stat. 577, provided in
    part that all recertifications required by reason of act June 23,
    1948 were to be made by the Board without application therefor.

     RESTRICTIONS ON ESTABLISHMENT OF NEW ANNUITIES AND USE OF CERTAIN
                               LABOR TACTICS
      Pub. L. 91-215, Sec. 7, Mar. 17, 1970, 84 Stat. 72, placed
    certain limitations on the utilization of particular procedures
    established under the Railway Labor Act, section 151 et seq. of
    this title, when alterations in the provisions of this subchapter
    regarding certain annuity payments were being sought and placed
    similar limitations on the use of strikes and lockouts as labor
    practices when such changes were being sought.

-End-



-CITE-
    45 USC Sec. 228d                                            01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 9 - RETIREMENT OF RAILROAD EMPLOYEES
    SUBCHAPTER III - RAILROAD RETIREMENT ACT OF 1937

-HEAD-
    Sec. 228d. Repealed. July 31, 1946, ch. 709, Sec. 212, 60 Stat. 729

-MISC1-
      Section, act Aug. 29, 1935, ch. 812, Sec. 4, as restated June 24,
    1937, ch. 382, pt. I, Sec. 1, 50 Stat. 311, related to joint and
    survivor annuity.

-End-



-CITE-
    45 USC Secs. 228e to 228z-1                                 01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 9 - RETIREMENT OF RAILROAD EMPLOYEES
    SUBCHAPTER III - RAILROAD RETIREMENT ACT OF 1937

-HEAD-
    Secs. 228e to 228z-1. Omitted

-COD-
                               CODIFICATION                           
      Sections 228e to 228z-1 were omitted pursuant to the amendment
    and revision of act Aug. 29, 1935, ch. 812, by Pub. L. 93-445,
    title I, Sec. 101, Oct. 16, 1974, 88 Stat. 1305, known as the
    Railroad Retirement Act of 1974.
      Section 228e, act Aug. 29, 1935, ch. 812, Sec. 5, as restated
    June 24, 1937, ch. 382, pt. I, Sec. 1, 50 Stat. 312; amended Apr.
    8, 1942, ch. 227, Sec. 12, 56 Stat. 208; 1946 Reorg. Plan No. 2,
    Sec. 4, eff. July 16, 1946; 11 F.R. 7873, 60 Stat. 1095; acts July
    31, 1946, ch. 709, Sec. 213, 60 Stat. 729; June 23, 1948, ch. 608,
    Sec. 2, 62 Stat. 577; Oct. 30, 1951, ch. 632, Secs. 11 to 23, 65
    Stat. 685; July 18, 1952, ch. 945, Sec. 6(d)(2), (3), 66 Stat. 777;
    1953 Reorg. Plan No. 1, Secs. 5, 8, eff. Apr. 11, 1953 18 F.R.
    2053, 67 Stat. 631; acts Aug. 31, 1954, ch. 1164, pt. I, Secs. 8-
    14, 68 Stat. 1039; Sept. 1, 1954, ch. 1206, title I, Sec. 106(f),
    title IV, Sec. 401(b)-(d), 68 Stat. 1081, 1097; Aug. 12, 1955, ch.
    869, Secs. 2, 3, 69 Stat. 716; Aug. 1, 1956, ch. 836, title I, Sec.
    120(b), (c), 70 Stat. 836; Aug. 7, 1956, ch. 1022, Sec. 2, 70 Stat.
    1076; Aug. 30, 1957, Pub. L. 85-238, Sec. 4(b), (c), 71 Stat. 520;
    Sept. 6, 1958, Pub. L. 85-927, Sec. 2, 72 Stat. 1779; May 19, 1959,
    Pub. L. 86-28, pt. I, Sec. 3, 73 Stat. 27; Sept. 13, 1960, Pub. L.
    86-778, title II, Sec. 211(o)(2), 74 Stat. 958; Sept. 22, 1961,
    Pub. L. 87-285, Sec. 3, 75 Stat. 585; Oct. 5, 1963, Pub. L. 88-133,
    title I, Secs. 5, 6, 77 Stat. 220; July 30, 1965, Pub. L. 89-97,
    title I, Sec. 111(b)(2), title III, Sec. 326(b), 79 Stat. 341, 400;
    Sept. 29, 1965, Pub. L. 89-212, Sec. 3(c)-(e), 79 Stat. 860; Oct.
    30, 1966, Pub. L. 89-699, title II, Sec. 201(d)-(f), 80 Stat. 1076;
    Oct. 30, 1966, Pub. L. 89-700, title I, Sec. 105, title III, Sec.
    301(i), (iv)(b), (c), 80 Stat. 1082, 1088; Jan. 2, 1968, Pub. L. 90-
    248, title I, Sec. 151(d)(3), 81 Stat. 860; Feb. 15, 1968, Pub. L.
    90-257, title I, Sec. 105, 82 Stat. 19; Aug. 12, 1970, Pub. L. 91-
    377, Sec. 3, 84 Stat. 791, July 2, 1971, Pub. L. 92-46, Sec. 3, 85
    Stat. 101; Oct. 4, 1972, Pub. L. 92-460, Sec. 1(e), (f), 86 Stat.
    766; July 6, 1973, Pub. L. 93-58, Sec. 2, 87 Stat. 141; July 10,
    1973, Pub. L. 93-69, title I, Sec. 104(d), 87 Stat. 164, related to
    annuities and lump sum payments for survivors. See sections 231c
    and 231e of this title.
      Section 228f, act Aug. 29, 1935, ch. 812, Sec. 6, as restated
    June 24, 1937, ch. 382, pt. I, Sec. 1, 50 Stat. 312, related to
    pensions to individuals on pension or gratuity rolls of employers.
    See section 231o of this title.
      Section 228g, act Aug. 29, 1935, ch. 812, Sec. 7, as restated
    June 24, 1937, ch. 382, pt. I, Sec. 1, 50 Stat. 313, related to
    additional pensions or gratuities by employers. See section 231o of
    this title.
      Section 228h, act Aug. 29, 1935, ch. 812, Sec. 8, as restated
    June 24, 1937, ch. 382, pt. I, Sec. 1, 50 Stat. 313; amended July
    31, 1946, ch. 709, Sec. 214, 60 Stat. 735; Oct. 30, 1966, Pub. L.
    89-700, title I, Sec. 106, 80 Stat. 1085, related to filing of
    compensation returns by employers with Board. See section 231h of
    this title.
      Section 228h-1, act Oct. 9, 1940, ch. 797, Sec. 4, 54 Stat. 1089,
    related to records of service and compensation prior to Jan. 1,
    1937, was transferred to a note set out under section 228h of this
    title.
      Section 228i, act Aug. 29, 1935, ch. 812, Sec. 9, as restated
    June 24, 1937, ch. 382, pt. I, Sec. 1, 50 Stat. 314; amended Oct.
    10, 1940, ch. 842, Sec. 26, 54 Stat. 1100; Oct. 30, 1966, Pub. L.
    89-700, title I, Sec. 107, 80 Stat. 1085, related to erroneous
    payments by the Board. See section 231i of this title.
      Section 228j, act Aug. 29, 1935, ch. 812, Sec. 10, as restated
    June 24, 1937, ch. 382, pt. I, Sec. 1, 50 Stat. 314; amended 1940
    Reorg. Plan No. III, Sec. 1(a), eff. June 30, 1940, 5 F.R. 2107, 54
    Stat. 1231; acts June 25, 1948, ch. 646, 19Secs. 1, 32(b), 62 Stat.
    875, 895, 991; May 24, 1949, ch. 139, Sec. 127, 63 Stat. 107; Oct.
    15, 1949, ch. 695, Sec. 5(a), 63 Stat. 880; Aug. 12, 1955, ch. 869,
    Sec. 5, 69 Stat. 716; Sept. 6, 1958, Pub. L. 85-927, pt. I, Sec. 3,
    72 Stat. 1781; Sept. 6, 1966, Pub. L. 89-554, Sec. 8(a), 80 Stat.
    660; Oct. 30, 1966, Pub. L. 89-700, title I, Sec. 108, 80 Stat.
    1085; Feb. 15, 1968, Pub. L. 90-257, title I, Sec. 106, 82 Stat.
    21, related to establishment of Railroad Retirement Board. See
    section 231f of this title.
      Section 228k, act Aug. 29, 1935, ch. 812, Sec. 11, as restated
    June 24, 1937, ch. 382, pt. I, Sec. 1, 50 Stat. 315; amended July
    31, 1946, ch. 709, Sec. 215, 60 Stat. 735, related to court
    jurisdiction under this subchapter. See section 231g of this title.
      Section 228l, act Aug. 29, 1935, ch. 812, Sec. 12, as restated
    June 24, 1937, ch. 382, pt. I, Sec. 1, 50 Stat. 316 and amended
    Aug. 12, 1955, ch. 869, Sec. 4, 69 Stat. 716, related to
    assignability of annuities and pension payments under this
    subchapter. See section 231m of this title.
      Section 228m, act Aug. 29, 1935, ch. 812, Sec. 13, as restated
    June 24, 1937, ch. 382, pt. I, Sec. 1, 50 Stat. 316; amended Sept.
    6, 1958, Pub. L. 85-927, pt. I, Sec. 4, 72 Stat. 1781, related to
    penalties under this subchapter. See section 231l of this title.
      Section 228n, act Aug. 29, 1935, ch. 812, Sec. 14, as restated
    June 24, 1937, ch. 382, pt. I, Sec. 1, 50 Stat. 316, related to
    separability of provisions. See section 231s of this title.
      Section 228o, act Aug. 29, 1935, ch. 812, Sec. 15, as restated
    June 24, 1937, ch. 382, pt. I, Sec. 1, 50 Stat. 316; amended Sept.
    22, 1959, Pub. L. 86-346, title I, Sec. 104(4), 73 Stat. 622; Oct.
    5, 1963, Pub. L. 88-133, title I, Sec. 7(a), 77 Stat. 220; Oct. 30,
    1966, Pub. L. 89-699, title I, Sec. 2, 80 Stat. 1074; Mar. 17,
    1970, Pub. L. 91-215, Sec. 3, 84 Stat. 70; Aug. 12, 1970, Pub. L.
    91-377, Sec. 5, 84 Stat. 792, related to establishment of Railroad
    Retirement Account. See section 231n of this title.
      Section 228p, act Aug. 29, 1935, ch. 812, Sec. 16, as added June
    24, 1937, ch. 382, pt. I, Sec. 1, 50 Stat. 317, related to
    authorization of appropriations under this subchapter.
      Section 228q, act Aug. 29, 1935, ch. 812, Sec. 17, as added June
    24, 1937, ch. 382, pt. I, Sec. 1, 50 Stat. 317; amended Oct. 30,
    1951, ch. 632, Sec. 24, 65 Stat. 690, defined "employment" as used
    in this subchapter. See section 231q of this title.
      Section 228r, act Aug. 29, 1935, ch. 812, Sec. 18, as added June
    24, 1917, ch. 382, pt. I, Sec. 1, 50 Stat. 318, related to free
    transportation. See section 231p of this title.
      Section 228s, act Aug. 29, 1935, ch. 812, Sec. 19(a), (b), as
    added June 24, 1917, ch. 382, pt. I, Sec. 1, as added Apr. 8, 1942,
    ch. 227, Sec. 11, 56 Stat. 207, 208; amended Oct. 30, 1966, Pub. L.
    89-700, title I, Sec. 109, 80 Stat. 1085, related to incompetence.
    See section 231k of this title.
      Section 228s-1, act June 24, 1937, ch. 382, pt. I, Sec. 20, as
    added Aug. 31, 1954, ch. 1164, pt. I, Sec. 15, 68 Stat. 1040;
    amended May 19, 1959, Pub. L. 86-28, pt. I, Sec. 4, 73 Stat. 28;
    Aug. 29, 1959, Pub. L. 86-211, Sec. 8(c), 73 Stat. 436; Oct. 30,
    1966, Pub. L. 89-700, title I, Sec. 110, 80 Stat. 1085, related to
    waiver of annuities and pensions under this subchapter. See section
    231k of this title
      Section 228s-2, act Aug. 29, 1935, ch. 812, Sec. 21, as added
    July 30, 1965, Pub. L. 89-97, title I, Sec. 105(a)(1), 79 Stat.
    335; amended July 30, 1965, Pub. L. 89-97, title I, Sec. 111(b)(1),
    79 Stat. 340; Jan. 2, 1968, Pub. L. 90-248, title I, Sec.
    129(c)(13), 81 Stat. 849, related to hospital insurance benefits
    for the aged. See section 231f of this title.
      Section 228s-3, act Aug. 29, 1935, ch. 812, Sec. 22, as added
    Oct. 30, 1972, Pub. L. 92-603, title II, Sec. 201(d), 86 Stat.
    1373, related to hospital insurance benefits for the disabled. See
    section 231f of this title.
      Section 228t, act Oct. 30, 1951, ch. 632, Sec. 25(d), 65 Stat.
    690, related to certain retirement or survivor annuities awarded
    prior to Oct. 30, 1951.
      Section 228u, act Oct. 30, 1951, ch. 632, Sec. 25(e), 65 Stat.
    690, related to determination of entitlement to a survivor annuity.
      Section 228v, act Oct. 30, 1951, ch. 632, Sec. 25(f), 65 Stat.
    691, related to law governing the awards of annuities.
      Section 228w, act Oct. 30, 1951, ch. 632, Sec. 25(g), 65 Stat.
    691, related to increased pensions after Nov. 30, 1961.
      Section 228x, act Oct. 30, 1951, ch. 632, Sec. 25(h), 65 Stat.
    691, related to increased annuities under subchapter II of this
    chapter.
      Section 228y, act Oct. 30, 1951, ch. 632, Sec. 25(i), 65 Stat.
    691, related to certain reduced annuities.
      Section 228z, act Aug. 7, 1956, ch. 1022, Sec. 3, 70 Stat. 1076,
    related to increased pensions and annuities awarded before July 1,
    1956 and annuities under subchapter II of this chapter.
      Section 228z-1, Pub. L. 86-28, pt. I, Sec. 5, May 19, 1959, 73
    Stat. 28, related to additional increases in certain pensions and
    annuities.


-MISC1-
           ACTUARIAL SOUNDNESS OF THE RAILROAD RETIREMENT SYSTEM       
      Pub. L. 93-69, title I, Sec. 107, July 10, 1973, 87 Stat. 165,
    authorized certain designated representatives of employees and
    representatives of carriers to submit to the Senate Committee on
    Labor and Public Welfare and the House Committee on Interstate and
    Foreign Commerce, no later than Apr. 1, 1974, a report containing
    their recommendations for restructuring the railroad retirement
    system to assure long-term actuarial soundness.

                 ADOPTED CHILD'S REENTITLEMENT TO ANNUITY             
      Pub. L. 93-58, Sec. 4(b), July 6, 1973, 87 Stat. 141, provided
    that any child whose entitlement to an annuity under section
    228e(c) of this title was terminated by reason of his or her
    adoption prior to July 6, 1973, and who otherwise would have been
    entitled to an annuity under such section for a month after July,
    1973, could become reentitled to his or her annuity by proper
    application.

                    CERTAIN PERSONS BECOMING EMPLOYERS                
      Act July 31, 1946, ch. 709, Sec. 409, 60 Stat. 743, provided that
    in the application of section 228f of this title with respect to
    persons who were not employers before the enactment of act July 31,
    1946, the dates Jan. 1, 1946, and Jan. 1, 1947, were to be
    substituted for Mar. 1, 1937 and July 1, 1937, respectively.

                     COMMISSION ON RAILROAD RETIREMENT                 
      Pub. L. 91-377, Sec. 7, Aug. 12, 1970, 84 Stat. 792, as amended
    by Pub. L. 92-46, Sec. 7, July 2, 1971, 85 Stat. 102, established a
    commission on railroad retirement, prescribed its composition,
    designated the rates of pay for its members, authorized a study of
    the retirement system and its financing, authorized appropriations
    for funding the expenses of the commission, and required that the
    commission submit a full report on its work no later than June 30,
    1972.

           CONGRESSIONAL DECLARATION OF 1974 LEGISLATIVE INTENT       
      Pub. L. 93-69, title I, Sec. 108, July 10, 1973, 87 Stat. 165,
    provided that the Congress declared its intent to enact legislation
    in 1974, effective not later than Jan. 1, 1975, which would assure
    the long-term actuarial soundness of the railroad retirement
    system.

    CONVERSION OF SPECIAL OBLIGATIONS IN RAILROAD RETIREMENT ACCOUNT ON
                        OCT. 5, 1963; INTEREST RATE
      Pub. L. 88-133, Sec. 7(b), Oct. 5, 1963, 77 Stat. 220, provided
    that: "The Secretary of the Treasury is authorized to retire the
    special obligations held by the account on the date of enactment of
    this Act [Oct. 5, 1963] and to issue in lieu thereof special
    obligations with an interest rate determined as provided for in
    section 15(b) of the Railroad Retirement Act of 1937, as amended by
    this Act [Pub. L. 88-133]."

           DETERMINATION OF AMOUNTS OF SOCIAL SECURITY BENEFITS       
      Pub. L. 91-377, Sec. 4(c), Aug. 12, 1970, 84 Stat. 792, provided
    that the amount by which a social security benefit computed under
    Pub. L. 90-248, Jan. 2, 1968, 81 Stat. 821, known as the Social
    Security Amendments of 1967, for purposes of Pub. L. 91-377, was to
    be deemed to be an amount equal to 87 per cent of such benefit
    computed under Pub. L. 91-172, title X, Dec. 30, 1969, 83 Stat.
    737, known as the Social Security Amendments of 1969, and the
    amount by which an individual's social security benefit was
    increased by reason of the Social Security Amendments of 1969 was
    to be deemed to be 13 per cent of such individual's social security
    benefit as computed under the Social Security Amendments of 1969.

    ENTITLEMENT TO ANNUITY OR PENSION UNDER RAILROAD RETIREMENT ACT OF
    1937 AS INCLUDING ENTITLEMENT UNDER RAILROAD RETIREMENT ACT OF 1935
      Pub. L. 89-97, title I, Sec. 105(a)(2), July 30, 1965, 79 Stat.
    335, provided that for purposes of section 21 of the Railroad
    Retirement Act of 1937, section 21 of act Aug. 29, 1935, as added
    by section 105(a)(1) of Pub. L. 89-97, and for certain other
    purposes, entitlement to an annuity or pension under this
    subchapter was to be deemed to include entitlement under subchapter
    II of this chapter.

                 HOSPITAL INSURANCE BENEFITS FOR THE AGED             
      Act Aug. 29, 1935, ch. 812, Sec. 21, as added July 30, 1965, Pub.
    L. 89-97, title I, Sec. 105(a)(1), 79 Stat. 335, required the
    Railroad Retirement Board to certify to the Secretary of Health,
    Education, and Welfare, in order to provide hospital insurance
    benefits for annuitants, pensioners, and certain other aged
    individuals for purposes of the Social Security program, the name
    of anyone aged 65 who was entitled to an annuity or pension under
    this subchapter, would have been so entitled had he ceased
    compensated service and had applied for such annuity, or bore a
    particular relationship to certain qualified employees, and
    specified such additional information as such certification was to
    include.

                INCREASES IN CERTAIN PENSIONS AND ANNUITIES            
      Pub. L. 93-69, title I, Sec. 105, July 10, 1973, 87 Stat. 164,
    provided that if title II of the Social Security Act, section 401
    et seq. of Title 42, The Public Health and Welfare, was amended to
    provide an increase in benefits at any time during the period July
    1, 1973 to Dec. 31, 1974, the pension of each recipient under
    section 228f of this title and the annuity of each recipient under
    this subchapter was to be increased by an amount computed under the
    method set forth in section 228c(a)(6) of this title.
      Pub. L. 92-460, Sec. 2 Sept. 4, 1972, 86 Stat. 766, provided for
    20 per cent increases in pensions under section 228f of this title,
    annuities under subchapter II of this chapter, certain survivor
    annuities, and certain widows' and widowers' insurance annuities.
      Pub. L. 92-46, Sec. 5, July 2, 1971, 85 Stat. 101, provided for
    10 per cent increases in pensions under section 228f of this title,
    annuities under subchapter II of this chapter, certain survivor
    annuities, and certain widows' and widowers' insurance annuities.
      Pub. L. 91-377, Sec. 4(b)(1), Aug. 12, 1970, 84 Stat. 792,
    provided for 15 per cent increases in pensions under section 228f
    of this title, annuities under subchapter II of this chapter,
    certain survivor annuities, and certain widows' and widowers'
    insurance annuities, provided that there would be a reduction in
    the amount of the increase where the recipient was also a recipient
    of certain social security benefits.
      Pub. L. 90-257, Sec. 107, Feb. 15, 1968, 82 Stat. 22, provided
    for certain increases in pensions under section 228f of this title,
    annuities under subchapter II of this chapter, survivor annuities
    and widows' and widowers' insurance annuities, provided that there
    would be a reduction in the amount of the increase where the
    recipient was also a recipient of certain social security benefits.
      Pub. L. 89-699, Sec. 201(g), Oct. 30, 1966, 80 Stat. 1077,
    provided for 7 per cent increases in pensions under section 228f of
    this title, annuities under subchapter II of this chapter, certain
    survivor annuities, and certain widows' and widowers' insurance
    annuities, provided that there would be a reduction in the amount
    of the increase where the recipient was also a recipient of certain
    social security benefits.

         PERMANENCY OF INCREASES IN CERTAIN PENSIONS AND ANNUITIES     
      Pub. L. 92-460, Sec. 6, Sept. 4, 1972, 86 Stat. 767, provided
    that it was the policy of Congress that the 20 per cent increase in
    pension and annuity benefits provided by section 2 of Pub. L. 92-
    460, as well as the 10 per cent and 15 per cent increases provided
    by section 5 of Pub. L. 92-46 and section 4(b)(1) of Pub. L. 91-
    377, respectively, could become permanent only if measures were
    taken to assure that the Railroad Retirement Account would remain
    solvent, and required representatives of employees, retirees, and
    carriers to submit to Congress reports containing their
    recommendations for such solvency measures no later than Mar. 1,
    1973, and required the Railroad Retirement Board to submit its
    solvency recommendations to Congress no later than Apr. 1, 1973.

               PRESUMPTION OF HIGHER INCREASES IN ANNUITIES           
      Pub. L. 90-257, Sec. 108(b), Feb. 15, 1968, 82 Stat. 23, provided
    that in cases where an annuity was payable in the month before the
    month with respect to which increases in benefits under title II of
    the Social Security Act, sections 401 et seq. of Title 42, The
    Public Health and Welfare, provided for by Pub. L. 90-248, Jan. 2,
    1968, 81 Stat. 821, known as the Social Security Amendments of
    1967, became effective in an amount determined under this
    subchapter, other than under the first proviso of section 228c(e)
    of this title, the provisions of Pub. L. 90-257 were to be presumed
    to provide a higher amount of increase in annuity than the
    provisions of the Social Security Amendments of 1967 would provide
    under the first proviso of section 228c(e) of this title.

        RAILROAD RETIREMENT AND OLD-AGE, SURVIVORS, AND DISABILITY
                             INSURANCE SYSTEM
      Pub. L. 89-97, Sec. 105(c), July 30, 1965, 79 Stat. 336, provided
    that amendments preserving the relationship between the railroad
    retirement and old-age, survivors, and disability insurance systems
    were contained in section 326 of Pub. L. 89-97, which amended
    sections 228 and 228e of this title.

          TRANSFER OF FUNDS FOR PAYMENT OF SUPPLEMENTAL ANNUITIES      
      Pub. L. 91-215, Sec. 6, Mar. 17, 1970, 84 Stat. 71, authorized
    the Railroad Retirement Board to request the Secretary of the
    Treasury to transfer from the Railroad Retirement Account to the
    Railroad Retirement Supplemental Account such funds as were
    necessary to meet the payment of the supplemental annuities
    pursuant to section 228c(j) of this title, as well as the
    administrative expenses necessarily involved for the six months
    following Mar. 17, 1970, and required the Board to request the
    return of an equal amount plus interest to the Railroad Retirement
    Account from the Supplemental Account within one year from Mar. 17,
    1970.
      Pub. L. 89-699, Sec. 3(b), Oct. 30, 1966, 80 Stat. 1075,
    authorized the Railroad Retirement Board to request the Secretary
    of the Treasury to transfer from the Railroad Retirement Account to
    the Railroad Retirement Supplemental Account such funds as were
    necessary to meet the payment of the supplemental annuities
    pursuant to section 228c(j) of this title, as well as the
    administrative expenses necessarily involved for the six months
    following Oct. 30, 1966, and required the Board to request the
    return of an equal amount plus interest to the Railroad Retirement
    Account from the Supplemental Account within one year from Oct. 30,
    1966.

-End-


-CITE-
    45 USC SUBCHAPTER IV - RAILROAD RETIREMENT ACT OF 1974      01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 9 - RETIREMENT OF RAILROAD EMPLOYEES
    SUBCHAPTER IV - RAILROAD RETIREMENT ACT OF 1974

-HEAD-
              SUBCHAPTER IV - RAILROAD RETIREMENT ACT OF 1974          

-COD-
                               CODIFICATION                           
      This subchapter is comprised of act Aug. 29, 1935, ch. 812, as
    amended in its entirety and completely revised by act June 24,
    1937, ch. 382, part I, 50 Stat. 307, and as further amended in its
    entirety and completely revised by Pub. L. 93-445, title I, Sec.
    101, Oct. 16, 1974, 88 Stat. 1305, eff. Jan. 1, 1975. The Act, as
    restated by Pub. L. 93-445, was redesignated the Railroad
    Retirement Act of 1974. See section 231t of this title. The Act is
    set out in this subchapter carrying a statutory credit showing
    restatement by act June 24, 1937 and a further restatement by Pub.
    L. 93-445 without reference to amendments made to the Act between
    its original enactment in 1935 and 1974. For history of the Act,
    credits, and note material, see subchapters II and III of this
    chapter.

-End-



-CITE-
    45 USC Sec. 231                                             01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 9 - RETIREMENT OF RAILROAD EMPLOYEES
    SUBCHAPTER IV - RAILROAD RETIREMENT ACT OF 1974

-HEAD-
    Sec. 231. Definitions

-STATUTE-
      For the purposes of this subchapter - 
      (a)(1) The term "employer" shall include - 
        (i) any carrier by railroad subject to the jurisdiction of the
      Surface Transportation Board under part A of subtitle IV of title
      49;
        (ii) any company which is directly or indirectly owned or
      controlled by, or under common control with, one or more
      employers as defined in paragraph (i) of this subdivision, and
      which operates any equipment or facility or performs any service
      (except trucking service, casual service, and the casual
      operation of equipment or facilities) in connection with the
      transportation of passengers or property by railroad, or the
      receipt, delivery, elevation, transfer in transit, refrigeration
      or icing, storage, or handling of property transported by
      railroad;
        (iii) any receiver, trustee, or other individual or body,
      judicial or otherwise, when in the possession of the property or
      operating all or any part of the business of any employer as
      defined in paragraph (i) or (ii) of this subdivision;
        (iv) any railroad association, traffic association, tariff
      bureau, demurrage bureau, weighing and inspection bureau,
      collection agency and any other association, bureau, agency, or
      organization which is controlled and maintained wholly or
      principally by two or more employers as defined in paragraph (i),
      (ii), or (iii) of this subdivision and which is engaged in the
      performance of services in connection with or incidental to
      railroad transportation; and
        (v) any railway labor organization, national in scope, which
      has been or may be organized in accordance with the provisions of
      the Railway Labor Act, as amended [45 U.S.C. 151 et seq.], and
      its State and National legislative committees, general
      committees, insurance departments, and local lodges and
      divisions, established pursuant to the constitution or bylaws of
      such organization.

      (2) Notwithstanding the provisions of subdivision (1) of this
    subsection, the term "employer" shall not include - 
        (i) any company by reason of its being engaged in the mining of
      coal, the supplying of coal to an employer where delivery is not
      beyond the mine tipple, and the operation of equipment or
      facilities therefor, or in any of such activities, and
        (ii) any street, interurban, or suburban electric railway,
      unless such railway is operating as a part of a general diesel-
      railroad system of transportation, but shall not exclude any
      part of the general diesel-railroad system of transportation now
      or hereafter operated by any other motive power. The Surface
      Transportation Board is hereby authorized and directed upon
      request of the Railroad Retirement Board, or upon complaint of
      any party interested, to determine after hearing whether any line
      operated by electric power falls within the terms of this
      paragraph.

      (b)(1) The term "employee" means (i) any individual in the
    service of one or more employers for compensation, (ii) any
    individual who is in the employment relation to one or more
    employers, and (iii) an employee representative: Provided, however,
    That the term "employee" shall include an employee of a local lodge
    or division defined as an employer in subsection (a) of this
    section only if he was in the service of or in the employment
    relation to an employer as defined in paragraph (i) of subsection
    (a)(1) of this section on or after August 29, 1935.
      (2) The term "employee" shall not include any individual while
    such individual is engaged in the physical operations consisting of
    the mining of coal, the preparation of coal, the handling (other
    than movement by rail with standard railroad locomotives) of coal
    not beyond the mine tipple, or the loading of coal at the tipple.
      (c) The term "employee representative" means any officer or
    official representative of a railway labor organization other than
    a labor organization included in the term "employer" as defined in
    subsection (a) of this section who before or after August 29, 1935,
    was in the service of an employer as defined in subsection (a) of
    this section and who is duly authorized and designated to represent
    employees in accordance with the Railway Labor Act, as amended [45
    U.S.C. 151 et seq.], and any individual who is regularly assigned
    to or regularly employed by such officer or official representative
    in connection with the duties of his office.
      (d)(1) An individual is in the service of an employer whether his
    service is rendered within or without the United States if - 
        (i)(A) he is subject to the continuing authority of the
      employer to supervise and direct the manner of rendition of his
      service, or (B) he is rendering professional or technical
      services and is integrated into the staff of the employer, or (C)
      he is rendering, on the property used in the employer's
      operations, personal services the rendition of which is
      integrated into the employer's operations; and
        (ii) he renders such service for compensation, or a method of
      computing the monthly compensation for such service is provided
      in section 231b(j) of this title.

      (2) Notwithstanding the provisions of subdivision (1) of this
    subsection - 
        (i) an individual shall be deemed to be in the service of an
      employer, other than a local lodge or division or a general
      committee of a railway-labor-organization employer, not
      conducting the principal part of its business in the United
      States only when he is rendering service to it in the United
      States;
        (ii) an individual shall be deemed to be in the service of a
      local lodge or division of a railway-labor-organization employer
      not conducting the principal part of its business in the United
      States only if (A) all, or substantially all, the individuals
      constituting the membership of such local lodge or division are
      employees of an employer conducting the principal part of its
      business in the United States; or (B) the headquarters of such
      local lodge or division is located in the United States; and
        (iii) an individual shall be deemed to be in the service of a
      general committee of a railway-labor-organization employer not
      conducting the principal part of its business in the United
      States only if (A) he is representing a local lodge or division
      described in clause (A) or (B) of paragraph (ii); or (B) all, or
      substantially all, the individuals represented by such general
      committee are employees of an employer conducting the principal
      part of its business in the United States; or (C) he acts in the
      capacity of a general chairman or an assistant general chairman
      of a general committee which represents individuals rendering
      service in the United States to an employer, but in such case if
      his office or headquarters is not located in the United States
      and the individuals represented by such general committee are
      employees of an employer not conducting the principal part of its
      business in the United States only such proportion of the
      remuneration for such service shall be regarded as compensation
      as the proportion which the mileage in the United States under
      the jurisdiction of such general committee bears to the total
      mileage under its jurisdiction, unless such mileage formula is
      inapplicable, in which case the Board may prescribe such other
      formula as it finds to be equitable, and if the application of
      such mileage formula, or such other formula as the Board may
      prescribe, would result in the compensation of the individual
      being less than 10 per centum of his remuneration for such
      service no part of such remuneration shall be regarded as
      compensation.

      (3) Notwithstanding the provisions of subdivisions (1) and (2) of
    this subsection, an individual not a citizen or resident of the
    United States shall not be deemed to be in the service of an
    employer when rendering service outside the United States to an
    employer who is required under the laws applicable in the place
    where the service is rendered to employ therein, in whole or in
    part, citizens or residents thereof. For purposes of this
    subdivision, the laws applicable on August 29, 1935, in the place
    where the service is rendered shall be deemed to have been
    applicable there at all times prior to that date.
      (e)(1) An individual shall be deemed to have been in the
    employment relation to an employer on August 29, 1935, if - 
        (i) he was on that date on leave of absence from his
      employment, expressly granted to him by the employer by whom he
      was employed, or by a duly authorized representative of such
      employer, and the grant of such leave of absence will have been
      established to the satisfaction of the Board before July 1947;
        (ii) he was in the service of an employer after August 29,
      1935, and before January 1946 in each of six calendar months,
      whether or not consecutive;
        (iii) before August 29, 1935, he did not retire and was not
      retired or discharged from the service of the last employer by
      whom he was employed or its corporate or operating successor, but
      (A) solely by reason of his physical or mental disability he
      ceased before August 29, 1935, to be in the service of such
      employer and thereafter remained continuously disabled until he
      attained age sixty-five or until August 1945, or (B) solely for
      such last stated reason an employer by whom he was employed
      before August 29, 1935, or an employer who is its successor did
      not on or after August 29, 1935, and before August 1945 call him
      to return to service, or (C) if he was so called he was solely
      for such reason unable to render service in six calendar months
      as provided in paragraph (ii); or
        (iv) he was on August 29, 1935, absent from the service of an
      employer by reason of a discharge which, within one year after
      the effective date thereof, was protested, to an appropriate
      labor representative or to the employer, as wrongful, and which
      was followed within ten years of the effective date thereof by
      his reinstatement in good faith to his former service with all
      his senority (!1) rights.


      (2) Notwithstanding the provisions of subdivision (1) of this
    subsection, an individual shall not be deemed to have been in the
    employment relation to an employer on August 29, 1935, if before
    that date he was granted a pension or gratuity on the basis of
    which a pension was awarded to him pursuant to section 6 of the
    Railroad Retirement Act of 1937 [45 U.S.C. 228f], or if during the
    last payroll period before August 29, 1935, in which he rendered
    service to an employer he was not in the service of an employer, in
    accordance with subsection (d) of this section, with respect to any
    service in such payroll period, or if he could have been in the
    employment relation to an employer only by reason of his having
    been, either before or after August 29, 1935, in the service of a
    local lodge or division defined as an employer in subsection (a) of
    this section.
      (f)(1) The term "years of service" shall mean the number of years
    an individual as an employee shall have rendered service to one or
    more employers for compensation or received remuneration for time
    lost, and shall be computed in accordance with the provisions of
    section 231b(i) of this title. Twelve calendar months, consecutive
    or otherwise, in each of which an employee has rendered such
    service or received such wages for time lost, shall constitute a
    year of service. Ultimate fractions shall be taken at their actual
    value.
      (2) Where service prior to August 29, 1935, may be included in
    the computation of years of service as provided in subdivision (3)
    of section 231b(i) of this title, it may be included as to - 
        (i) service rendered to a person which was an employer on
      August 29, 1935, irrespective of whether such person was an
      employer at the time such service was rendered;
        (ii) service rendered to any express company, sleeping-car
      company, or carrier by railroad which was a predecessor of a
      company which, on August 29, 1935, was an employer as defined in
      paragraph (i) of subsection (a)(1) of this section, irrespective
      of whether such predecessor was an employer at the time such
      service was rendered; and
        (iii) service rendered to a person not an employer in the
      performance of operations involving the use of standard railroad
      equipment if such operations were performed by an employer on
      August 29, 1935.

      (g)(1) For purposes of section 231b(i)(2) of this title, an
    individual shall be deemed to have been in "military service" when
    commissioned or enrolled in the active service of the land or naval
    forces of the United States and until resignation or discharge
    therefrom; and the service of any individual in any reserve
    component of the land or naval forces of the United States, while
    serving in the land or naval forces of the United States for any
    period, even though less than thirty days, shall be deemed to have
    been active service in such force during such period.
      (2) For purposes of section 231b(i)(2) of this title, a "war
    service period" shall mean (A) any war period, or (B) with respect
    to any particular individual, any period during which such
    individual (i) having been in military service at the end of a war
    period, was required to continue in military service, or (ii) was
    required by call of the President, or by any Act of Congress or
    regulation, order, or proclamation pursuant thereto, to enter and
    continue in military service, or (C) any period after September 7,
    1939, with respect to which a state of national emergency was duly
    declared to exist which requires a strengthening of the national
    defense. For purposes of section 231b(i)(2) of this title, the
    period beginning on June 15, 1948, and ending on December 15, 1950,
    shall be deemed to be a war service period with respect to any
    individual who without intervening employment not covered by this
    subchapter rendered service as an employee to an employer under
    this subchapter in the year such individual was released from
    active military service or in the year immediately following such
    year.
      (3) For purposes of section 231b(i)(2) of this title, a "war
    period" shall be deemed to have begun on whichever of the following
    dates is the earliest: (A) the date on which the Congress of the
    United States declared war; or (B) the date as of which the
    Congress of the United States declared that a state of war has
    existed; or (C) the date on which war was declared by one or more
    foreign states against the United States; or (D) the date on which
    any part of the United States or any territory under its
    jurisdiction was invaded or attacked by any armed force of one or
    more foreign states; or (E) the date on which the United States
    engaged in armed hostilities for the purpose of preserving the
    Union or of maintaining in any State of the Union a republican form
    of government.
      (4) For purposes of section 231b(i)(2) of this title, a "war
    period" shall be deemed to have ended on the date on which
    hostilities ceased.
      (h)(1) The term "compensation" means any form of money
    remuneration paid to an individual for services rendered as an
    employee to one or more employers or as an employee representative,
    including remuneration paid for time lost as an employee, but
    remuneration paid for time lost shall be deemed earned in the month
    in which such time is lost. A payment made by an employer to an
    individual through the employer's payroll shall be presumed, in the
    absence of evidence to the contrary, to be compensation for service
    rendered by such individual as an employee of the employer in the
    period with respect to which the payment is made. Compensation
    earned in any calendar month before 1947 shall be deemed paid in
    such month regardless of whether or when payment will have been in
    fact made, and compensation earned in any calendar year after 1946
    but paid after the end of such calendar year shall be deemed to be
    compensation paid in the calendar year in which it will have been
    earned if it is so reported by the employer before February 1 of
    the next succeeding calendar year or if the employee establishes,
    subject to the provisions of section 231h of this title, the period
    during which such compensation will have been earned.
      (2) An employee shall be deemed to be paid "for time lost" the
    amount he is paid by an employer with respect to an identifiable
    period of absence from the active service of the employer,
    including absence on account of personal injury, and the amount he
    is paid by the employer for loss of earnings resulting from his
    displacement to a less remunerative position or occupation. If a
    payment is made by an employer with respect to a personal injury
    and includes pay for time lost, the total payment shall be deemed
    to be paid for time lost unless, at the time of payment, a part of
    such payment is specifically apportioned to factors other than time
    lost, in which event only such part of the payment as is not so
    apportioned shall be deemed to be paid for time lost.
      (3) Solely for purposes of determining amounts to be included in
    the compensation of an employee, the term "compensation" shall also
    include cash tips received by an employee in any calendar month in
    the course of his employment by an employer unless the amount of
    such cash tips is less than $20.
      (4) Tips included as compensation by reason of the provisions of
    subdivision (3) shall be deemed to be paid at the time a written
    statement including such tips is furnished to the employer pursuant
    to section 6053(a) of the Internal Revenue Code of 1986 [26 U.S.C.
    6053(a)] or, if no statement including such tips is so furnished,
    at the time received. Tips so deemed to be paid in any month shall
    be deemed paid for services rendered in such month.
      (5) In determining compensation, there shall be attributable as
    compensation paid to an employee in calendar months in which he is
    in military service creditable under section 231b(i)(2) of this
    title, in addition to any other compensation paid to him with
    respect to such months - 
        (i) for each such calendar month prior to 1968, $160;
        (ii) for each such calendar month after 1967 and prior to 1975,
      $260; and
        (iii) for each such calendar month after 1974, the amount which
      is creditable as such individual's "wages" under section 209(d)
      of the Social Security Act [42 U.S.C. 409(d)].

      (6) Notwithstanding the provisions of the preceding subdivisions
    of this subsection, the term "compensation" shall not include - 
        (i) tips, except as is provided under subdivision (3) of this
      subsection;
        (ii) remuneration for service which is performed by a non-
      resident alien individual for the period he is temporarily
      present in the United States as a nonimmigrant under subparagraph
      (F) or (J) of section 1101(a)(15) of title 8, as amended, and
      which is performed to carry out the purpose specified in
      subparagraph (F) or (J), as the case may be;
        (iii) remuneration earned in the service of a local lodge or
      division of a railway-labor-organization employer with respect to
      any calendar month in which the amount of such remuneration is
      less than $25;
        (iv) remuneration for service as a delegate to a national or
      international convention of a railway-labor-organization employer
      if the individual rendering such service has not previously
      rendered service, other than as such a delegate, which may be
      included in his "years of service;"
        (v) the amount of any payment (including any amount paid by an
      employer for insurance or annuities, or into a fund, to provide
      for any such payment) made to, or on behalf of, an employee or
      any of his dependents under a plan or system established by an
      employer which makes provision for his employees generally (or
      for his employees generally and their dependents) or for a class
      or classes of his employees (or for a class or classes of his
      employees and their dependents), on account of sickness or
      accident disability or medical or hospitalization expenses in
      connection with sickness or accident disability; and
        (vi) an amount paid specifically - either as an advance, as
      reimbursement or allowance - for traveling or other bona fide and
      necessary expenses incurred or reasonably expected to be incurred
      in the business of the employer provided any such payment is
      identified by the employer either by a separate payment or by
      specifically indicating the separate amounts where both wages and
      expense reimbursement or allowance are combined in a single
      payment.

      (7) The term "compensation" includes any separation allowance or
    subsistence allowance paid under any benefit schedule provided
    under section 701 of title VII of the Regional Rail Reorganization
    Act of 1973 [45 U.S.C. 797] (!2) and any termination allowance paid
    under section 702 of that Act [45 U.S.C. 797a], but does not
    include any other benefits payable under that title [45 U.S.C. 797
    et seq.]. The total amount of any subsistence allowance paid under
    a benefit schedule provided pursuant to section 701 of the Regional
    Rail Reorganization Act of 1973 shall be considered as having been
    earned in the month in which the employee first timely filed a
    claim for such an allowance.

      (8) Notwithstanding any other provision of this subchapter, for
    the purposes of sections 231b(a)(1), 231c(a)(1), and 231c(f)(1) of
    this title, the term "compensation" includes any payment from any
    source to an employee or employee representative if such payment is
    subject to tax under section 3201 or 3211 of the Internal Revenue
    Code of 1986 [26 U.S.C. 3201, 3211].
      (i) The term "Board" means the Railroad Retirement Board.
      (j) The term "company" includes corporations, associations, and
    joint-stock companies.
      (k) The term "employee" includes an officer of an employer.
      (l) The term "person" means an individual, a partnership, an
    association, a joint-stock company, a corporation, or the United
    States or any other governmental body.
      (m) The term "United States," when used in a geographical sense,
    means the States and the District of Columbia.
      (n) The term "Social Security Act" means the Social Security Act
    as amended [42 U.S.C. 301 et seq.] from time to time.
      (o) An individual shall be deemed to have "a current connection
    with the railroad industry" at the time an annuity begins to accrue
    to him and at death if, in any thirty consecutive calendar months
    before the month in which an annuity under this subchapter begins
    to accrue to him, or the month in which he dies if that first
    occurs, he will have been in service as an employee in not less
    than twelve calendar months and, if such thirty calendar months do
    not immediately precede such month, he will not have been engaged
    in any regular employment other than employment for an employer or
    employment with the Department of Transportation, the Interstate
    Commerce Commission, the Surface Transportation Board, the National
    Mediation Board, the National Transportation Safety Board, the
    State-owned railroad (as defined in the Alaska Railroad Transfer
    Act of 1982 [45 U.S.C. 1201 et seq.]), so long as it is an
    instrumentality of the State of Alaska, or the Railroad Retirement
    Board in the period before such month and after the end of such
    thirty months. For purposes of section 231a(b) of this title and
    section 231a(d) of this title only, an individual shall be deemed
    also to have "a current connection with the railroad industry" if,
    after having completed twenty-five years of service, such
    individual involuntarily and without fault ceased rendering service
    as an employee under this subchapter and did not thereafter decline
    an offer of employment in the same class or craft as the
    individual's most recent employee service. For purposes of section
    231a(d) of this title only, an individual shall be deemed to have a
    "current connection with the railroad industry" if a pension will
    have been payable to that individual under the Railroad Retirement
    Act of 1937 [45 U.S.C. 228a et seq.] or a retirement annuity based
    on service of not less than 10 years (as computed in awarding the
    annuity) will have begun to accrue to that individual prior to 1948
    under the Railroad Retirement Act of 1937. For the purposes of
    section 231a(d) of this title only, an individual shall be deemed
    also to have a "current connection with the railroad industry" if
    he will have completed ten years of service and (A) he would be
    neither fully nor currently insured under the Social Security Act
    [42 U.S.C. 301 et seq.] if his service as an employee after
    December 31, 1936, were included in the term "employment" as
    defined in that Act, or (B) he has no quarters of coverage under
    the Social Security Act.
      (p) The term "annuity" means a monthly sum which is payable on
    the first day of each calendar month for the accrual during the
    preceding calendar month.
      (q) The terms "quarter" and "calendar quarter" shall mean a
    period of three calendar months ending on March 31, June 30,
    September 30, or December 31.
      (r) For purposes of this subchapter, a person shall be considered
    to be permanently insured under the Social Security Act [42 U.S.C.
    301 et seq.] on December 31, 1974, if he or she would be fully
    insured within the meaning of section 214(a) of that Act [42 U.S.C.
    414(a)] when he or she attains age 62 solely on the basis of his or
    her quarters of coverage under that Act acquired prior to January
    1, 1975.

-SOURCE-
    (Aug. 29, 1935, ch. 812, Sec. 1, as restated June 24, 1937, ch.
    382, pt. I, 50 Stat. 307, as restated Pub. L. 93-445, title I, Sec.
    101, Oct. 16, 1974, 88 Stat. 1305; amended Pub. L. 94-547, Sec.
    4(a), Oct. 18, 1976, 90 Stat. 2526; Pub. L. 97-35, title XI, Sec.
    1116, Aug. 13, 1981, 95 Stat. 628; Pub. L. 97-468, title VI, Sec.
    615(b)(6), Jan. 14, 1983, 96 Stat. 2578; Pub. L. 98-76, title IV,
    Secs. 402(a), 403(a), 410(a), Aug. 12, 1983, 97 Stat. 434, 435;
    Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 100-
    647, title VII, Sec. 7304(a), Nov. 10, 1988, 102 Stat. 3778; Pub.
    L. 101-239, title X, Sec. 10208(d)(2)(B)(ii), Dec. 19, 1989, 103
    Stat. 2481; Pub. L. 104-88, title III, Sec. 323, Dec. 29, 1995, 109
    Stat. 950.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Railway Labor Act, referred to in subsecs. (a)(1)(v) and (c),
    is act May 20, 1926, ch. 347, 44 Stat. 577, as amended, which is
    classified principally to chapter 8 (Sec. 151 et seq.) of this
    title. For complete classification of this Act to the Code, see
    section 151 of this title and Tables.
      Section 6 of the Railroad Retirement Act of 1937, referred to in
    subsec. (e)(2), which was classified to section 228f of this title,
    has been omitted from the Code.
      The Regional Rail Reorganization Act of 1973, referred to in
    subsec. (h)(7), is Pub. L. 93-236, Jan. 2, 1974, 87 Stat. 985, as
    amended. Section 701 of title VII of the Regional Rail
    Reorganization Act of 1973 [45 U.S.C. 797] was repealed by Pub. L.
    99-509, title IV, Sec. 4024(c), Oct. 21, 1986, 100 Stat. 1904,
    effective on the sale date (Apr. 2, 1987). Title VII of the
    Regional Rail Reorganization Act of 1973 is classified generally to
    subchapter VII (Sec. 797 et seq.) of chapter 16 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.
      The Social Security Act, referred to in subsecs. (n), (o), and
    (r), is act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended, which
    is classified generally to chapter 7 (Sec. 301 et seq.) of Title
    42, The Public Health and Welfare. For complete classification of
    this Act to the Code, see section 1305 of Title 42 and Tables.
      The Alaska Railroad Transfer Act of 1982, referred to in subsec.
    (o), is Pub. L. 97-468, title VI, Sec. 601 et seq., Jan 14, 1983,
    96 Stat. 2556, as amended, which is classified principally to
    chapter 21 (Sec. 1201 et seq.) of this title. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 1201 of this title and Tables.
      The Railroad Retirement Act of 1937, referred to in subsec. (o),
    is act Aug. 29, 1935, ch. 812, 49 Stat. 867, as amended generally
    by act June 24, 1937, ch. 382, part I, 50 Stat. 307, which is
    classified principally to subchapter III (Sec. 228a et seq.) of
    this chapter. The Railroad Retirement Act of 1937 was amended
    generally and redesignated the Railroad Retirement Act of 1974 by
    Pub. L. 93-445, title I, Oct. 16, 1974, 88 Stat. 1305. The Railroad
    Retirement Act of 1974 is classified generally to this subchapter.
    For complete classification of these Acts to the Code, see Tables.


-MISC1-
                                AMENDMENTS                            
      1995 - Subsec. (a)(1)(i). Pub. L. 104-88, Sec. 323(1), added cl.
    (i) and struck out former cl. (i) which read as follows: "any
    express company, sleeping car company, and carrier by railroad,
    subject to part I of the Interstate Commerce Act;".
      Subsec. (a)(2)(ii). Pub. L. 104-88, Sec. 323(2), substituted
    "Surface Transportation Board is hereby authorized and directed
    upon request of the Railroad Retirement Board" for "Interstate
    Commerce Commission is hereby authorized and directed upon request
    of the Board".
      Subsec. (o). Pub. L. 104-88, Sec. 323(3), inserted "the Surface
    Transportation Board," after "the Interstate Commerce Commission,".
      1989 - Subsec. (h)(5)(iii). Pub. L. 101-239 substituted "section
    209(d)" for "the third paragraph of section 209".
      1988 - Subsec. (g)(2). Pub. L. 100-647 inserted provision
    designating the period beginning on June 15, 1948, and ending on
    Dec. 15, 1950, as a war service period with respect to certain
    individuals.
      1986 - Subsec. (h)(4), (8). Pub. L. 99-514 substituted "Internal
    Revenue Code of 1986" for "Internal Revenue Code of 1954".
      1983 - Subsec. (h)(6). Pub. L. 98-76, Sec. 402(a), struck out cl.
    (ii) which provided that term "compensation" would not include the
    voluntary payment by an employee, without deduction from the
    remuneration of the employee, of any tax not now or thereafter
    imposed with respect to the compensation of such employee, and
    redesignated cls. (iii) to (vii) as (ii) to (vi), respectively.
      Subsec. (h)(7). Pub. L. 98-76, Sec. 403(a), added par. (7).
      Subsec. (h)(8). Pub. L. 98-76, Sec. 410(a), added par. (8).
      Subsec. (o). Pub. L. 97-468 inserted "the State-owned railroad
    (as defined in the Alaska Railroad Transfer Act of 1982 [45 U.S.C.
    1201 et seq.]), so long as it is an instrumentality of the State of
    Alaska," after "National Transportation Safety Board,".
      1981 - Subsec. (f)(1). Pub. L. 97-35, Sec. 1116(a), substituted
    "Ultimate fractions shall be taken at their actual value" for
    "Ultimate fractions shall be taken at their actual value, except
    that if the individual will have had not less than one hundred
    twenty-six months of service, an ultimate fraction of six months or
    more shall be taken as one year".
      Subsec. (o). Pub. L. 97-35, Sec. 1116(b)(2), inserted after first
    sentence "For purposes of section 231a(b) of this title and section
    231a(d) of this title only, an individual shall be deemed also to
    have 'a current connection with the railroad industry' if, after
    having completed twenty-five years of service, such individual
    involuntarily and without fault ceased rendering service as an
    employee under this subchapter and did not thereafter decline an
    offer of employment in the same class or craft as the individual's
    most recent employee service. For purposes of section 231a(d) of
    this title only, an individual shall be deemed to have a 'current
    connection with the railroad industry' if a pension will have been
    payable to that individual under the Railroad Retirement Act of
    1937 or a retirement annuity based on service of not less than 10
    years (as computed in awarding the annuity) will have begun to
    accrue to that individual prior to 1948 under the Railroad
    Retirement Act of 1937."
      Pub. L. 97-35, Sec. 1116(b)(1), inserted reference to National
    Transportation Safety Board.
      1976 - Subsec. (h)(6)(vi), (vii). Pub. L. 94-547 added pars. (vi)
    and (vii).

                     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 1988 AMENDMENT                 
      Section 7304(b) of Pub. L. 100-647 provided that: "The amendment
    made by this section [amending this section] shall apply with
    respect to annuities accruing in months after the date of enactment
    of this Act [Nov. 10, 1988]."

                     EFFECTIVE DATE OF 1983 AMENDMENTS                 
      Section 402(c) of Pub. L. 98-76 provided that: "The amendments
    made by this section [amending this section and section 351 of this
    title] shall apply to compensation paid for services rendered after
    June 30, 1983."
      Section 403(c) of Pub. L. 98-76 provided that: "The amendments
    made by this section [amending this section and section 351 of this
    title] shall be effective August 13, 1981."
      Section 410(b) of Pub. L. 98-76 provided that: "The amendment
    made by this section [amending this section] shall apply with
    respect to payments made on or after January 1, 1982."
      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.

                     EFFECTIVE DATE OF 1981 AMENDMENT                 
      Section 1129 of Pub. L. 97-35, as amended by Pub. L. 99-514, Sec.
    2, Oct. 22, 1986, 100 Stat. 2095, provided that:
      "(a) Except as otherwise provided in this section, the amendments
    made by this subtitle [subtitle D (Secs. 1116-1129 of title XI of
    Pub. L. 97-35, enacting section 231u of this title, amending this
    section and sections 231a to 231f, 231i, 231n, 231q, 355, and 358
    of this title, and enacting provisions set out as a note under
    section 231n of this title] shall take effect October 1, 1981, and
    shall apply only with respect to annuities awarded on or after that
    date.
      "(b)(1) The amendment made by section 1116(a) of this Act
    [amending this section] shall take effect October 1, 1981, except
    that the years of service of an individual shall not be considered
    less after enactment of this Act [Aug. 13, 1981] for any individual
    who files an application before April 1, 1982 than such individual
    had during the month of September 1981.
      "(2) The amendments made by sections 1116(b)(1), 1118(c)(2),
    1119(b)(5), 1119(c), 1119(h)(3), 1119(i)(3), 1120(a), 1120(d),
    1121(c)(1), 1121(c)(2), 1123, and 1125 of this Act [amending this
    section and sections 231b, 231c, 231d, 231e, 231i, and 231q of this
    title] shall take effect January 1, 1975.
      "(3) The first sentence added to section 1(o) of the Railroad
    Retirement Act of 1974 [subsec. (o) of this section] by section
    1116(b)(2) shall take effect October 1, 1981, and shall apply only
    with respect to individuals who did not die before that date and
    who ceased rendering service as an employee under the Railroad
    Retirement Act of 1974 [this subchapter] on or after October 1,
    1975 or were on leave of absence or furlough on October 1, 1975.
    The second sentence added to section 1(o) of the Railroad
    Retirement Act of 1974 by section 1116(b)(2) shall take effect
    October 1, 1981.
      "(c) The amendment made by section 1117(a) of this Act [amending
    section 231a of this title] shall take effect October 1, 1981, and
    shall apply only with respect to individuals whose supplemental
    annuity closing date under section 2(b) of the Railroad Retirement
    Act of 1974 [section 231a(b) of this title] before the effective
    date of the amendment to such section by this Act did not occur
    before October 1, 1981.
      "(d) The amendments made by section 1119(b)(1) [amending section
    231c of this title] shall not apply with respect to annuities
    awarded on the basis of employee annuities awarded before October
    1, 1981.
      "(e)(1) The amendments made by sections 1118(e)(3), 1119(d)(2),
    1119(h)(1), and 1119(h)(4) of this Act [amending sections 231b and
    231c of this title] shall take effect on the date of the enactment
    of this Act [Aug. 13, 1981].
      "(2) The amendment made by section 1118(d) of this Act [amending
    section 231b of this title] shall apply with respect to annuity
    increases which become effective on or after the date described in
    the next sentence. The date referred to in the last preceding
    sentence is the later of October 1, 1981 and the date (after July
    1, 1981) on which there is an increase in the rate of any tax
    imposed under chapter 22 (relating to railroad retirement tax) of
    the Internal Revenue Code of 1986 [formerly I.R.C. 1954] [chapter
    22 of Title 26, Internal Revenue Code]. For the purposes of the
    amendment made by section 1118(d), with respect to annuities
    awarded before October 1, 1981, the annuity portions computed under
    subsections (b) and (d) of section 3 of the Railroad Retirement Act
    of 1974 [section 231b(b) and (d) of this title] as in effect before
    October 1, 1981, shall be treated as a portion of an annuity
    computed under section 3(b) of such Act as amended by this Act.
      "(3) The amendment made by section 1118(a) of this Act [amending
    section 231b of this title] shall take effect on the later of
    October 1, 1981, and the date (after July 1, 1981) on which there
    is an increase in the rate of any tax imposed under chapter 22
    (relating to railroad retirement tax) of the Internal Revenue Code
    of 1986 [chapter 22 of Title 26], and shall apply only with respect
    to annuities awarded on or after the date of that taking effect.
      "(f) Section 4(g) of the Railroad Retirement Act of 1974 as
    amended by this Act [section 231c(g) of this title] (except
    subdivisions (5) and (6) of such section 4(g)) shall take effect
    October 1, 1981, with respect to awards made on or after that date
    in cases in which the employee did not begin receiving an annuity
    under section 2(a)(1) of the Railroad Retirement Act of 1974
    [section 231a(a)(1) of this title] before October 1, 1981, and did
    not die before that date, and to all awards made on or after
    October 1, 1986. In all other awards made on or after October 1,
    1981, and before October 1, 1986, for purposes of determining the
    initial annuity amounts only, the provisions of section 4(g) of the
    Railroad Retirement Act of 1974, as in effect before amendment by
    this Act shall be applicable. Initial annuity amounts determined
    under the preceding sentence shall be increased only by the same
    percentage, or percentages, as an employee's annuity amount
    determined under section 3(b) of the Railroad Retirement Act of
    1974 [section 231b(b) of this title] is increased under section
    3(g) of the Railroad Retirement Act of 1974 [section 231b(g) of
    this title] on or after the date on which such initial annuity
    amount began to accrue. Annuity amounts determined under section
    4(g) of the Railway Retirement Act of 1974 before amendment by this
    Act or under section 207(2) of Public Law 93-445 [set out as a note
    below] shall be increased only by the same percentage, or
    percentages, as an employee's annuity amount determined under
    section 3(b) of the Railroad Retirement Act of 1974 is increased
    under section 3(g) of the Railroad Retirement Act of 1974 on or
    after October 1, 1981. Section 4(g)(5) and 4(g)(6) of the Railroad
    Retirement Act of 1974, as amended by this Act, shall take effect
    on October 1, 1981.
      "(g) The amendments made by sections 1118(b), 1118(g), 1120(b),
    1122(a)(2), 1122(b)(1), 1122(c), 1124, 1126, and 1127 of this Act
    [enacting section 231u of this title, amending sections 231b, 231d,
    231f, and 231n of this title, and enacting provisions set out as a
    note under section 231n of this title] shall take effect October 1,
    1981.
      "(h) The amendments made by sections 1117(e)(2), 1117(f),
    1118(h)(2), and 1119(i)(4) [amending sections 231a, 231b, and 231c
    of this title] shall take effect January 1, 1982."

                     EFFECTIVE DATE OF 1976 AMENDMENT                 
      Section 4(c)(1) of Pub. L. 94-547 provided that: "The amendments
    made by subsection (a) of this section [amending this section]
    shall be effective January 1, 1975."

                              EFFECTIVE DATE                          
      Section 602(a)-(d) of Pub. L. 93-445 provided that:
      "(a) The provisions of title I of this Act [enacting this
    subchapter] shall become effective on January 1, 1975, except as
    otherwise provided herein: Provided, however, That annuities
    awarded under section 2 of the Railroad Retirement Act of 1974
    [section 231a of this title] on the basis of an application
    therefor filed with the Board on or after such date may, subject to
    the limitations prescribed in section 5(a) of such Act [section
    231d(a) of this title], begin prior to such date, except that no
    annuity under paragraph (ii) of section 2(a)(1) of such Act
    [subsec. (a)(1) of section 231a of this title] shall begin to
    accrue to a man prior to July 1, 1974.
      "(b) The provision of section 1(o) of the Railroad Retirement Act
    of 1974 [section 231(o) of this title] which provides that a
    'current connection with the railroad industry' will not be broken
    by 'employment with the Department of Transportation, the
    Interstate Commerce Commission, the National Mediation Board, or
    the Railroad Retirement Board' shall not be applicable (A) for
    purposes of paragraph (iv) of section 2(a)(1) of such Act [section
    231a(a)(1)(iv) of this title], to an individual who became
    disabled, as provided for purposes of such paragraph, prior to
    January 1, 1975, (B) for purposes of section 2(b)(1) of such Act
    [section 231a(b)(1) of this title], to an individual whose annuity
    under section 2(a) of the Railroad Retirement Act of 1937 [section
    228b(a) of this title] or section 2(a)(1) of the Railroad
    Retirement Act of 1974 [section 231a(1) of this title] first began
    to accrue prior to January 1, 1975, and (C) for purposes of section
    2(d)(1) [section 231a(d)(1) of this title] of such Act, to a
    survivor of a deceased employee if such employee died prior to
    January 1, 1975.
      "(c) The provisions of clause (i)(B) and clause (ii)(B) of
    section 2(c)(1) of the Railroad Retirement Act of 1974 [subsec.
    (c)(1) of section 231a of this title] shall not be applicable to
    the spouse of an individual if (A) such individual will have
    completed thirty years of service and will have been awarded an
    annuity under section 2(a) of the Railroad Retirement Act of 1937
    [section 228b(a) of this title] or section 2(a)(1) of the Railroad
    Retirement Act of 1974 [subsec. (a)(1) of section 231a of this
    title] which first began to accrue prior to July 1, 1974, or (B)
    such individual will have completed less than thirty years of
    service and will have been awarded an annuity under section 2(a) of
    the Railroad Retirement Act of 1937 [section 228b(a) of this title]
    or section 2(a)(1) of the Railroad Retirement Act of 1974 [subsec.
    (a)(1) section 231a of this title] which first began to accrue
    prior to January 1, 1975. For purposes of the entitlement of the
    spouse of an individual described in clause (A) or (B) of the
    preceding sentence to an annuity under such section 2(c)(1)
    [subsec. (c)(1) section 231a of this title], the provisions of
    clause (i)(B) of such section 2(c)(1) [subsec. (c)(1) of section
    231a of this title] shall be deemed to read: '(B) has attained the
    age of 65'.
      "(d) The provisions of section 2(b)(1) of the Railroad Retirement
    Act of 1974 [subsec. (b)(1) of section 231a of this title] which
    permit an individual to become entitled to a supplemental annuity
    thereunder if he 'has attained age 60 and completed thirty years of
    service' shall not be applicable to an individual who was awarded
    an annuity under section 2(a) of the Railroad Retirement Act of
    1937 [section 228b(a) of this title] or section 2(a)(1) of the
    Railroad Retirement Act of 1974 [subsec. (a)(1) of section 231a of
    this title] which first began to accrue prior to July 1, 1974."


-TRANS-
        ABOLITION OF INTERSTATE COMMERCE COMMISSION AND TRANSFER OF
                                 FUNCTIONS
      Interstate Commerce Commission abolished and functions of
    Commission transferred, except as otherwise provided in Pub. L. 104-
    88, 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.


-MISC2-
                          TRANSITIONAL PROVISIONS                      
      Sections 201 to 210 of title II of Pub. L. 93-445, effective Jan.
    1, 1975, as amended by Pub. L. 94-92, title II, Sec. 202(a), Aug.
    9, 1975, 89 Stat. 465; Pub. L. 94-547, Sec. 1, Oct. 18, 1976, 90
    Stat. 2523, provided that:
      "Sec. 201. The claims of individuals who, prior to the effective
    date of title I of this Act [see Effective Date note set out
    above], became eligible for annuities, supplemental annuities, or
    death benefits under section 2, 3(j), or 5 of the Railroad
    Retirement Act of 1937 [section 228b, 228c(j), or 228e of this
    title] shall be adjudicated by the Board under that Act [subchapter
    III of this chapter] in the same manner and with the same effect as
    if title I of this Act [enacting this subchapter] had not been
    enacted: Provided, however, That no annuity, supplemental annuity,
    or death benefit shall be awarded under the Railroad Retirement Act
    of 1937 [subchapter III of this chapter] on the basis of an
    application therefor filed with the Board on or after the effective
    date of title I of this Act: Provided, further, That no annuity
    under the Railroad Retirement Act of 1935 [subchapter II of this
    chapter], no annuity or supplemental annuity under the Railroad
    Retirement Act of 1937 [subchapter III of this chapter], and no
    pension under section 6 of the Railroad Retirement Act of 1937
    [section 228f of this title] shall be payable for any month after
    December 31, 1974.
      "Sec. 202. (a) Every individual who would have been entitled to
    an annuity under the Railroad Retirement Act of 1935 [subchapter II
    of this chapter] for the month of January 1975, if this Act
    [enacting this subchapter] had not been enacted, shall be entitled
    to an annuity under paragraph (i) of section 2(a)(1) of the
    Railroad Retirement Act of 1974 [section 231a(a)(1) of this title],
    beginning January 1, 1975, in an amount determined under the
    provisions of section 3(a) of such Act [section 231b(a) of this
    title], which amount shall initially be equal to the amount
    determined under clause (i) of section 3(a)(6) of the Railroad
    Retirement Act of 1937 [section 228c(a)(6) of this title] for the
    purpose of computing the last increase in such individual's annuity
    under the Railroad Retirement Act of 1935 [subchapter II of this
    chapter] pursuant to the provisions of section 105 of Public Law 93-
    69 [set out as a note under sections 228e to 228z-1 of this
    title], less the amount of any monthly insurance benefit to which
    such individual is actually entitled (before any deductions on
    account of work) under the Social Security Act [section 301 et seq.
    of Title 42, The Public Health and Welfare].
      "(b) The amount of the annuity of an individual under subsection
    (a) of this section shall be increased by an amount, if any, equal
    to the amount by which (i) his annuity under the Railroad
    Retirement Act of 1935 [subchapter II of this chapter] for the
    month of December 1974 exceeds (ii) his annuity under subsection
    (a) of this section for the month of January 1975.
      "Sec. 203. (a) Every individual who would have been entitled to a
    pension under section 6 of the Railroad Retirement Act of 1937
    [section 228f of this title] for the month of January 1975, if this
    Act [enacting this subchapter] had not been enacted, shall be
    entitled to an annuity under paragraph (i) of section 2(a)(1) of
    the Railroad Retirement Act of 1974 [section 231a(a)(1) of this
    title] in an amount determined under the provisions of section 3(a)
    of such Act [section 231b(a) of this title], which amount shall
    initially be equal to the amount determined under clause (i) of
    section 3(a)(6) of the Railroad Retirement Act of 1937 [section
    228c(a)(6) of this title] for the purpose of computing the last
    increase in such individual's pension under section 6 of the
    Railroad Retirement Act of 1937 [section 228f of this title]
    pursuant to the provisions of section 105 of Public Law 93-69 [set
    out as a note under sections 228e to 228z-1 of this title], less
    the amount of any monthly insurance benefit to which such
    individual is actually entitled (before any deductions on account
    of work) under the Social Security Act [section 301 et seq. of
    Title 42].
      "(b) The amount of the annuity of an individual under subsection
    (a) of this section shall be increased by an amount, if any, equal
    to the amount by which (i) his pension under section 6 of the
    Railroad Retirement Act of 1937 [section 228f of this title] for
    the month of December 1974 exceeds (ii) his annuity under
    subsection (a) of this section for the month of January 1975.
      "(c) The annuities of each individual under the preceding
    subsections of this section shall be paid on January 1, 1975, and
    on the first day of each calendar month thereafter during his life.
      "Sec. 204. (a) Every individual who was entitled to an annuity
    under section 2(a)1, 2(a)2, 2(a)3, 2(a)4, or 2(a)5 of the Railroad
    Retirement Act of 1937 [section 228b(a)1, 228b(a)2, 228b(a)3,
    228b(a)4, or 228b(a)5 of this title] for the month of December
    1974, or who would have been entitled to such an annuity for such
    month except for the provisions of section 2(d) of such Act
    [section 228b(d) of this title], and who would have been entitled
    to such an annuity for the month of January 1975, if this Act
    [enacting this subchapter] had not been enacted, shall be entitled
    to an annuity under paragraph (i), (ii), (iii), (iv), or (v),
    respectively, of section 2(a)(1) of the Railroad Retirement Act of
    1974 [section 231a(a)(1) of this title], beginning January 1, 1975:
    Provided, however, That if an individual who was entitled to an
    annuity under section 2(a)4 or 2(a)5 of the Railroad Retirement Act
    of 1974 [probably should read "Railroad Retirement Act of 1937"
    classified to section 228b(a)4 or 228b(a)5, of this title] is age
    65 or older, on January 1, 1975, such individual shall be entitled
    to an annuity under paragraph (i) of section 2(a)(1) of the
    Railroad Retirement Act of 1974 [section 231a(a)(1) of this title].
    For purposes of this subsection - 
        "(1) that portion of the individual's annuity as is provided
      under section 3(a) of the Railroad Retirement Act of 1974
      [section 231b(a) of this title] shall initially be in an amount
      equal to (A) the amount determined under clause (i) of section
      3(a)(6) of the Railroad Retirement Act of 1937 [section
      228c(a)(6) of this title] for the purpose of computing the last
      increase in the amount of such individual's annuity as computed
      under the provisions of section 3(a) [section 228c(a) of this
      title], and that part of section 3(e) which preceded the first
      proviso, of the Railroad Retirement Act of 1937 [section 228c(e)
      of this title] or (B), if less in a case where such individual is
      not entitled to an annuity amount provided under paragraph (3) of
      this subsection, the amount of the annuity under section 2(a) of
      the Railroad Retirement Act of 1937 [section 228b(a) of this
      title] (before any reduction on account of age and without regard
      to section 2(d) of such Act [section 228b(d) of this title])
      which such individual would have received for the month of
      January 1975 if this Act [see Effective Date of 1976 Amendment
      set out hereunder] had not been enacted: Provided, however, That
      such annuity amount shall be subject to reduction in accordance
      with the provisions of section 3(m) of the Railroad Retirement
      Act of 1974 [section 231b(m) of this title] in the same manner as
      other annuity amounts provided under section 3(a) of the Railroad
      Retirement Act of 1974;
        "(2) that portion of the individual's annuity as is provided
      under section 3(b)(1) of the Railroad Retirement Act of 1974
      [section 231b(b)(1) of this title] shall be in an amount, if any,
      equal to the amount by which (A) his annuity under section 2(a)
      of the Railroad Retirement Act of 1937 [section 228b(a) of this
      title] for the month of December 1974 (before any reduction on
      account of age and without regard to section 2(d) of such Act
      [section 228b(d) of this title]) exceeds (B)(i), if such
      individual is entitled to an annuity amount provided under
      paragraph (3) of this subsection, the amount of the annuity which
      would have been provided such individual under paragraph (1) of
      this subsection (before any reduction due to such individual's
      entitlement to a monthly insurance benefit under the Social
      Security Act [section 301 et seq. of Title 42]) for the month of
      January 1975 if he had no wages or self-employment income under
      the Social Security Act other than wages derived from service as
      an employee under the Railroad Retirement Act of 1974 [this
      subchapter] after December 31, 1936, and before January 1, 1975,
      or (ii), if such individual is not entitled to an annuity amount
      provided under paragraph (3) of this subsection, the amount of
      his annuity provided under paragraph (1) of this subsection
      (before any reduction due to such individual's entitlement to a
      monthly insurance benefit under the Social Security Act) for the
      month of January 1975: Provided, however, That if the annuity of
      any individual under the Railroad Retirement Act of 1937
      [subchapter III of this chapter] for the month of December 1974
      was computed under the first proviso of section 3(e) of such Act
      [section 228c(e) of this title], the annuity of such individual
      for purposes of clause (A) of this paragraph shall be no greater
      than the annuity which such individual would have received under
      such Act [subchapter III of this chapter] for the month of
      December 1974, if no other person had been included in the
      computation of the annuity of such individual; and
        "(3) if the individual was entitled to an old-age insurance
      benefit or a disability insurance benefit under the Social
      Security Act [section 301 et seq. of Title 42] on December 31,
      1974, or was fully insured under that Act on that date, the
      annuity amounts provided under paragraphs (1) and (2) of this
      subsection shall be increased by an amount determined under the
      provisions of section 3(h)(1) of the Railroad Retirement Act of
      1974 [section 231b(h)(1) of this title]: Provided, however, That,
      if the individual was entitled to an old-age insurance benefit or
      a disability insurance benefit under the Social Security Act on
      December 31, 1974, such amount shall not be less nor more than an
      amount which would cause the total of the annuity amounts
      provided the individual by the provisions of this subsection for
      the month of January 1975 to equal the total of the annuity under
      the Railroad Retirement Act of 1937 [subchapter III of this
      chapter] (prior to any reduction on account of age and without
      regard to section 2(d) of that Act [section 228b(d) of this
      title]) plus the old-age or disability insurance benefit under
      the Social Security Act (before any reduction on account of age
      and deductions on account of work) which such individual would
      have received for such month if this Act [enacting this
      subchapter] had not been enacted.
        "(4) if the individual was entitled to a wife's, husband's,
      widow's, or widower's insurance benefit under the Social Security
      Act [section 301 et seq. of Title 42] on December 31, 1974, or is
      the wife, husband, widow, or widower of a person who was fully
      insured under that Act on that date, the annuity amounts provided
      under paragraphs (1) and (2) of this subsection shall be
      increased by an amount determined under the provisions of section
      3(h)(3) of the Railroad Retirement Act of 1974 [section
      231b(h)(3) of this title].
      "(b) An individual who was awarded an annuity under section 2(a)
    of the Railroad Retirement Act of 1937 [section 228b(a) of this
    title], but who could not have become eligible for an annuity under
    paragraph 2 of such section, shall not be eligible for an annuity
    under paragraph (ii) of section 2(a)(1) of the Railroad Retirement
    Act of 1974 [section 231a(a)(1) of this title].
      "(c) An individual who was awarded an annuity under section 2(a)
    of the Railroad Retirement Act of 1937 [section 228b(a) of this
    title] shall not be entitled to an annuity amount computed under
    the provisions of section 3(c) of the Railroad Retirement Act of
    1974 [section 231b(c) of this title]: Provided, however, That the
    provisions of this subsection shall not be applicable (i) to an
    individual who will have rendered at least twelve months of service
    as an employee to an employer (as defined in the Railroad
    Retirement Act of 1974 [this section] after December 31, 1974, or
    (ii) to an individual who was awarded an annuity under section
    2(a)4 or 2(a)5 of the Railroad Retirement Act of 1937 [section
    228b(a)4 or 228b(a)5 of this title] and who recovered from
    disability and returned to the service of an employer (as defined
    in the Railroad Retirement Act of 1974) [this section] after
    December 31, 1974.
      [Section 202(b) of Pub. L. 94-92 provided that: "The amendment
    made by this section [enacting section 204(c) of Pub. L. 93-445]
    shall be effective January 1, 1975."]
      "(d) The annuity amount provided an individual by paragraph (1)
    of this subsection as increased from time to time shall be deemed
    to be the primary insurance amount of such individual for purposes
    of computing the annuity of the spouse of such individual under
    section 4(a) of the Railroad Retirement Act of 1974. [section
    231c(a) of this title]."

    [Effective Date of 1976 Amendment. Section 1(d) of Pub. L. 94-547
    provided that: "The amendments made by this section [enacting
    section 204(d) and amending sections 204(a)(1), (2) and 206(1) of
    Pub. L. 93-445] shall be effective January 1, 1975: Provided,
    however, That the increases in annuities effective June 1, 1975,
    and June 1, 1976, shall be in the amount which would have been
    provided if this Act [enacting section 204(d) of Pub. L. 93-445,
    amending sections 204(a)(1), (2) and 206(1) of Pub. L. 93-445 and
    this section and section 231c and 231n of this title and section
    3231 of Title 26, Internal Revenue Code, and enacting provisions
    set out as notes under this section and sections 231c and 231n of
    this title and 3231 of Title 26] had not been enacted."]
      "Sec. 205. (a) Every individual who was entitled to a
    supplemental annuity under section 3(j) of the Railroad Retirement
    Act of 1937 [section 228c(j) of this title] for the month of
    December 1974, or who would have been entitled to such a
    supplemental annuity for such month except for the provisions of
    section 2(d) of such Act [section 228b(d) of this title], and who
    would have been entitled to such a supplemental annuity for the
    month of January 1975, if this Act [enacting this subchapter] had
    not been enacted, shall be entitled to a supplemental annuity under
    section 2(b)(1) of the Railroad Retirement Act of 1974 [section
    231a(b)(1) of this title], beginning January 1, 1975, in an amount,
    the provisions of section 3(e) of such Act [section 231b(e) of this
    title] notwithstanding, equal to the amount of the supplemental
    annuity to which such individual was entitled under section 3(j) of
    the Railroad Retirement Act of 1937 [section 228c(j) of this title]
    for the month of December 1974, or to which such individual would
    have been entitled for such month under such section 3(j) [section
    228c(j) of this title] except for the provisions of section 2(d) of
    such Act [section 228b(d) of this title].
      "(b) An individual who was awarded an annuity under section 2(a)
    of the Railroad Retirement Act of 1937 [section 228b(a) of this
    title], but who could not have become eligible for a supplemental
    annuity under section 3(j) of such Act [section 228c(j) of this
    title] if this Act had not been enacted, shall not be eligible for
    a supplemental annuity under section 2(b) of the Railroad
    Retirement Act of 1974 [section 231a(b) of this title].
      "Sec. 206. Every spouse who was entitled to an annuity under
    section 2(e) or 2(h) of the Railroad Retirement Act of 1937
    [section 228b(e) or 228b(h) of this title] for the month of
    December 1974, or who would have been entitled to such an annuity
    for such month except for the provisions of section 2(d) of such
    Act [section 228b(d) of this title], and who would have been
    entitled to such an annuity for the month of January 1975, if this
    Act [enacting this subchapter] had not been enacted, shall be
    entitled to an annuity under section 2(c) of the Railroad
    Retirement Act of 1974 [section 231a(c) of this title] beginning
    January 1, 1975. For purposes of this section - 
        "(1) that portion of the spouse's annuity as is provided under
      section 4(a) of the Railroad Retirement Act of 1974 [section
      231c(a) of this title] shall initially be in an amount equal to
      (A) the amount determined under clause (i) of section 3(a)(6) of
      the Railroad Retirement Act of 1937 [section 228c(a)(6) of this
      title] for the purpose of computing the last increase in the
      amount of such spouse's annuity as computed under the provisions
      of section 2 of the Railroad Retirement Act of 1937 [section 228b
      of this title] or (B), if less in a case where such spouse is not
      entitled to an annuity amount provided by paragraph (3) of this
      section, the amount of the annuity under section 2(e) or 2(h) of
      the Railroad Retirement Act of 1937 [section 228b(e) or (h) of
      this section] (before any reduction on account of age and without
      regard to section 2(d) of such Act [section 228b(d) of this
      title]) which such spouse would have received for the month of
      January 1975 if this Act [see Effective Date of 1976 Amendment
      set out under section 204(d) hereinabove] had not been enacted:
      Provided, however, That the amount of such annuity shall be
      subject to reduction in accordance with the provisions of section
      202(k) or 202(q) of the Social Security Act [section 402(k) or
      402(q) of Title 42], other than a reduction on account of age, in
      the same manner as any wife's insurance benefit or husband's
      insurance benefit payable under section 202 of the Social
      Security Act [section 402 of Title 42] and shall also be subject
      to reduction in accordance with the provisions of section 4(i) of
      the Railroad Retirement Act of 1974 [section 231c(i) of this
      title];

      [Effective Date of 1976 Amendment. See note set out under section
      204(d) hereinabove.]
        "(2) that portion of the spouse's annuity as is provided under
      section 4(b) of the Railroad Retirement Act of 1974 [section
      231c(b) of this title] shall be in an amount, if any, equal to 50
      per centum of the individual's annuity as computed in accordance
      with the provisions of paragraph (2) of section 204(a) of this
      title: Provided, however, That, in case of a spouse who is not
      entitled to an annuity amount provided under paragraph (3) of
      this section, if (A) the amounts of the annuity provided a spouse
      for the month of January 1975 by the provisions of paragraph (1)
      (before any reduction due to such spouse's entitlement to a
      wife's or husband's insurance benefit under the Social Security
      Act [section 301 et seq. of Title 42]) and the proceeding
      provisions of this paragraph exceed (B) the amount of the annuity
      to which such spouse was entitled (before any reduction on
      account of age) for the month of December 1974 under section 2(e)
      or 2(h) of the Railroad Retirement Act of 1937 [section 228b(e)
      or 228b(h) of this title] (deeming, for this purpose, any
      increase in the amount of such annuity which, had this Act
      [enacting this subchapter] not been enacted, would have become
      effective January 1, 1975, by reason of an increase in the
      maximum amount payable as a wife's insurance benefit under the
      Social Security Act to have been effective for the month of
      December 1974), or to which such spouse would have been entitled
      for such month under such section 2(e) or 2(h) [section 228b(e)
      or 228b(h) of this title] except for the provisions of section
      2(d) of such Act [section 228b(d) of this title], the amount of
      the annuity provided such spouse for the month of January 1975 by
      the preceding provisions of this paragraph shall be reduced until
      the total of the amounts described in clause (A) of this proviso
      equals the amount described in clause (B): Provided further,
      That, if the amount of the annuity of the spouse provided by
      paragraph (1) of this section is reduced by reason of the
      provisions of section 4(i)(2) of the Railroad Retirement Act of
      1974 [section 231c(i)(2) of this title], the amount of the
      annuity provided such spouse by the preceding provisions of this
      paragraph shall not be less than an amount which would cause the
      total of the annuity amounts provided such spouse under paragraph
      (1) (before any reduction pursuant to the provisions of section
      202(k) or 202(q) of the Social Security Act [section 402(k) or
      402(q) of Title 42] and before any reduction due to such spouse's
      entitlement to a wife's or husband's insurance benefit under the
      Social Security Act) and paragraph (2) of this section for the
      month of January 1975 to equal the amount of the annuity (before
      any reduction on account of age) which such spouse would have
      received for such month under section 2(e) or 2(h) of the
      Railroad Retirement Act of 1937 [section 228b(e) or 228b(h) of
      this title] (without regard to the provisions of section 2(d) of
      that Act [section 228b(d) of this title]) if this Act [enacting
      this subchapter] had not been enacted; and
        "(3) if the spouse was entitled to an old-age insurance benefit
      or a disability insurance benefit under the Social Security Act
      [section 301 et seq. of Title 42] of [on] December 31, 1974, or
      was fully insured under that Act on that date, or was entitled to
      a wife's or a husband's insurance benefit under that Act on that
      date, the annuity amounts provided under paragraphs (1) and (2)
      of this section shall be increased by an amount determined under
      the provisions of section 4(e)(1) [section 231c(e)(1) of this
      title], or, if the spouse was entitled only to a wife's or
      husband's insurance benefit, 4(e)(3) [section 231c(e)(3) of this
      title] of the Railroad Retirement Act of 1974: Provided, however,
      That, if the spouse was entitled to a monthly insurance benefit
      under the Social Security Act of [on] December 31, 1974, such
      amount shall not be less nor more than an amount which would
      cause (A) the total of (i) the annuity amounts provided the
      spouse by the provisions of this section for the month of January
      1975 plus (ii) the monthly insurance benefit to which such spouse
      is entitled for that month under the Social Security Act (before
      any reductions on account of age and deductions on account of
      work) to equal (B) the total of (i) the spouse's annuity under
      the Railroad Retirement Act of 1937 [subchapter III of this
      chapter] (prior to any reduction on account of age and without
      regard to section 2(d) of that Act [section 228b(d) of this
      title]) plus (ii) the monthly insurance benefit under the Social
      Security Act (before any reduction on account of age and
      deductions on account of work) which such spouse would have
      received for such month if this Act [enacting this subchapter]
      had not been enacted.
      "Sec. 207. Every survivor who was entitled to an annuity under
    section 5 of the Railroad Retirement Act of 1937 [section 228e of
    this title] for the month of December 1974, or who would have been
    entitled to such an annuity for such month except for the
    provisions of section 5(i) of such Act [section 228e(i) of this
    title], and who would have been entitled to such an annuity for the
    month of January 1975, if this Act [enacting this subchapter] had
    not been enacted, shall be entitled to an annuity under section
    2(d) of the Railroad Retirement Act of 1974 [section 231a(d) of
    this title] beginning January 1, 1975. For purposes of this section
    - 
        "(1) that portion of the survivor's annuity as is provided
      under section 4(f) of the Railroad Retirement Act of 1974
      [section 231c(f) of this title] shall initially be in an amount
      equal to the amount determined under clause (i) of section
      3(a)(6) of the Railroad Retirement Act of 1937 [section
      228c(a)(6) of this title] for the purpose of computing the last
      increase in the amount of such survivor's annuity as computed
      under the provisions of section 5(q) of the Railroad Retirement
      Act of 1937 [section 228e(q) of this title]: Provided, however,
      That the amount of such annuity shall be subject to reduction in
      accordance with the provisions of section 202(k) or 202(q) of the
      Social Security Act [section 402(k) or 402(q) of Title 42] in the
      same manner as any widow's insurance benefit, mother's insurance
      benefit, widower's insurance benefit, parent's insurance benefit,
      or child's insurance benefit payable under section 202 of the
      Social Security Act [section 402 of Title 42] and shall also be
      subject to reduction in accordance with the provisions of section
      4(i)(2) of the Railroad Retirement Act of 1974 [section
      231c(i)(2) of this title];
        "(2) that portion of the survivor's annuity as is provided
      under section 4(g) of the Railroad Retirement Act of 1974
      [section 231c(g) of this title] shall initially be in an amount
      equal to 30 per centum of the amount computed in accordance with
      the provisions of paragraph (1) of this section prior to any
      reductions, other than reductions on account of age, in
      accordance with the provisions of section 202(k) or 202(q) of the
      Social Security Act [section 402(k) or 402(q) of Title 42] and
      prior to any reductions in accordance with, the provisions of
      section 4(i)(2) of the Railroad Retirement Act of 1974 [section
      231c(i)(2) of this title]: Provided, however, That, if such
      survivor is not entitled to an annuity amount provided under
      paragraph (3) of this section, such amount shall not be less than
      an amount which would cause (A) the total of the annuity amounts
      provided the survivor by the provisions of this section for the
      month of January 1975 to equal (B) the amount of the annuity
      which the survivor would have received for such month under
      section 5 of the Railroad Retirement Act of 1937 [section 228e of
      this title] (without regard to section 5(i) of that Act [section
      228e(i) of this title]) if this Act [enacting this subchapter]
      had not been enacted; and
        "(3) if the survivor is a widow or widower who was entitled to
      an old-age insurance benefit or a disability insurance benefit
      under the Social Security Act [section 301 et seq. of Title 42]
      on December 31, 1974, or was fully insured under that Act on that
      date, the annuity amounts provided under paragraphs (1) and (2)
      of this section shall be increased by an amount determined under
      the provisions of 4(h)(1) of the Railroad Retirement Act of 1974
      [section 231c(h)(1) of this title]: Provided, however, That, if
      the widow or widower was entitled to a monthly insurance benefit
      under the Social Security Act on December 31, 1974, such amount
      shall not be less nor more than an amount which would cause (A)
      the total of (i) the annuity amounts provided the widow or
      widower by the provisions of this section for the month of
      January 1975 plus (ii) the monthly insurance benefit to which
      such widow or widower is entitled for that month under the Social
      Security Act (before any deductions on account of work) to equal
      (B) the total of (i) the widow's or widower's annuity under the
      Railroad Retirement Act of 1937 [subchapter III of this chapter]
      (without regard to section 5(i) of that Act [section 228e(i) of
      this title]) plus (ii) the monthly insurance benefit under the
      Social Security Act (before any deductions on account of work)
      which such widow or widower would have received for such month if
      this Act [enacting this subchapter] had not been enacted.
      "Sec. 208. For purposes of paragraph (1) of section 204(a),
    paragraph (1) of section 206, and paragraph (1) of section 207, the
    fact that the amount of the annuity payable to an individual,
    spouse, or survivor under the Railroad Retirement Act of 1937
    [subchapter III of this chapter] for the month of December 1974 may
    not (i) in the case of an individual have been computed under the
    provisions of section 3(a) of such Act [section 228c(a) of this
    title] or that part of section 3(e) of such Act [section 228c(e) of
    this title] which precedes the first proviso; (ii) in the case of a
    spouse, have been computed under the provisions of section 2 of
    such Act [section 228b of this title], or (iii) in the case of a
    survivor, have been computed under the provisions of section 5 of
    such Act [section 228e of this title], shall be disregarded, and
    the amount determined under clause (i) of section 3(a)(6) of such
    Act [section 228c(a)(6) of this title] with respect to such
    individual, spouse, or survivor shall, for purposes of such
    paragraphs, be the amount which would have been determined under
    such clause (i) if the annuity of such individual had been computed
    under the provisions of section 3(a) [section 228c(a) of this
    title], and that part of section 3(e) [section 228c(e) of this
    title] which preceded the first proviso, of such Act; the annuity
    of such spouse had been computed under the provisions of section 2
    of such Act [section 228b of this title]; or the annuity of such
    survivor had been computed under the provisions of section 5 of
    such Act [section 228e of this title].
      "Sec. 209. (a) Whenever monthly insurance benefits under section
    202 of the Social Security Act [section 402 of Title 42] are
    increased, the amount of each annuity provided by section 202(a),
    section 203(a), paragraph (1) of section 204(a), paragraph (1) of
    section 206, and paragraphs (1) and (2) of section 207 shall be
    increased in the same manner, and effective the same date as other
    annuities of the same type payable under section 2 of the Railroad
    Retirement Act of 1974 [section 231a of this title] are increased.
      "(b) The annuity amounts provided by section 202(b), section
    203(b), paragraph (2) of section 204(a), and paragraph (2) of
    section 206 shall be increased by the same percentage, or
    percentages, and effective the same date, or dates, as other
    annuity amounts of the same type are increased pursuant to the
    provisions of section 3(g) of the Railroad Retirement Act of 1974
    [section 231b(g) of this title].
      "Sec. 210. The election of a joint and survivor annuity made
    before July 31, 1946, by an individual to whom an annuity accrues
    under the Railroad Retirement Act of 1937 [subchapter III of this
    chapter] before January 1, 1975, shall be given effect as though
    the provisions of law under which the election was made had
    continued to be operative unless such election had been revoked
    prior to the time the annuity of such individual began to accrue."

-FOOTNOTE-
    (!1) So in original. Probably should be "seniority".

    (!2) See References in Text note below.


-End-



-CITE-
    45 USC Sec. 231a                                            01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 9 - RETIREMENT OF RAILROAD EMPLOYEES
    SUBCHAPTER IV - RAILROAD RETIREMENT ACT OF 1974

-HEAD-
    Sec. 231a. Annuity eligibility requirements

-STATUTE-
    (a) Individuals eligible for annuities; disability standards; proof
      of continued disability
      (1) The following-described individuals, if they shall have
    completed ten years of service (or, for purposes of paragraphs (i),
    (iii), and (v), five years of service, all of which accrues after
    December 31, 1995) and shall have filed application for annuities,
    shall, subject to the conditions set forth in subsections (e), (f),
    and (h) of this section, be entitled to annuities in the amounts
    provided under section 231b of this title - 
        (i) individuals who have attained retirement age (as defined in
      section 216(l) of the Social Security Act [42 U.S.C. 416(l)]);
        (ii) individuals who have attained the age of sixty and have
      completed thirty years of service;
        (iii) individuals who have attained the age of sixty-two and
      have completed less than thirty years of service, but the annuity
      of such individuals shall be reduced by  1/180  for each of the
      first 36 months that he or she is under retirement age (as
      defined in section 216(l) of the Social Security Act [42 U.S.C.
      416(l)]) when the annuity begins to accrue and by  1/240  for
      each additional month that he or she is under retirement age (as
      defined in section 216(l) of the Social Security Act) when the
      annuity begins to accrue;
        (iv) individuals who have a current connection with the
      railroad industry, whose permanent physical or mental condition
      is such as to be disabling for work in their regular occupation,
      and who (A) have completed twenty years of service or (B) have
      attained the age of sixty; and
        (v) individuals whose permanent physical or mental condition is
      such that they are unable to engage in any regular employment.

      (2) For the purposes of paragraph (iv) of subdivision (1), the
    Board, with the cooperation of employers and employees, shall
    secure the establishment of standards determining the physical and
    mental conditions which permanently disqualify employees for work
    in the several occupations in the railroad industry, and the Board,
    employers, and employees shall cooperate in the promotion of the
    greatest practicable degree of uniformity in the standards applied
    by the several employers. An individual's condition shall be deemed
    to be disabling for work in his regular occupation if he will have
    been disqualified by his employer for service in his regular
    occupation in accordance with the applicable standards so
    established; if the employee will not have been so disqualified by
    his employer, the Board shall determine whether his condition is
    disabling for work in his regular occupation in accordance with the
    standards generally established; and, if the employee's regular
    occupation is not one with respect to which standards will have
    been established, the standards relating to a reasonably comparable
    occupation shall be used. If there is no such comparable
    occupation, the Board shall determine whether the employee's
    condition is disabling for work in his regular occupation by
    determining whether under the practices generally prevailing in
    industries in which such occupation exists such condition is a
    permanent disqualification for work in such occupation. For
    purposes of this subdivision and paragraph (iv) of subdivision (1),
    an employee's "regular occupation" shall be deemed to be the
    occupation in which he will have been engaged in more calendar
    months than the calendar months in which he will have been engaged
    in any other occupation during the last preceding five calendar
    years, whether or not consecutive, in each of which years he will
    have earned wages or salary, except that, if an employee
    establishes that during the last fifteen consecutive calendar years
    he will have been engaged in another occupation in one-half or more
    of all the months in which he will have earned wages or salary, he
    may claim such other occupation as his regular occupation.
      (3) Such satisfactory proof shall be made from time to time as
    prescribed by the Board, of the disability provided for in
    paragraph (iv) or (v) of subdivision (1) and of the continuance of
    such disability (according to the standards applied in the
    establishment of such disability) until the employee attains
    retirement age (as defined in section 216(l) of the Social Security
    Act [42 U.S.C. 416(l)]). If the individual fails to comply with the
    requirements prescribed by the Board as to proof of the continuance
    of the disability until he attains retirement age (as defined in
    section 216(l) of the Social Security Act), his right to an annuity
    by reason of such disability shall, except for good cause shown to
    the Board, cease, but without prejudice to his rights to any
    subsequent annuity to which he may be entitled.
      (4) An individual who is entitled to an annuity under paragraph
    (v) of subdivision (1), but who does not have at least ten years of
    service, shall, prior to the month in which the individual attains
    age 62, be entitled only to an annuity amount computed under
    section 231b(a) of this title (without regard to section 231b(a)(2)
    of this title) or section 231b(f)(3) of this title. Upon attainment
    of age 62, such an individual may also be entitled to an annuity
    amount computed under section 231b(b) of this title, but such
    annuity amount shall be reduced for early retirement in the same
    manner as if the individual were entitled to an annuity under
    subsection (a)(1)(iii) of this section.
    (b) Individuals eligible for supplemental annuities
      An individual who - 
        (i) has attained age 60 and completed thirty years of service
      or attained age 65;
        (ii) has completed twenty-five years of service;
        (iii) is entitled to the payment of an annuity under subsection
      (a)(1) of this section;
        (iv) had a current connection with the railroad industry at the
      time such annuity began to accrue; and
        (v) has performed compensated service in at least one month
      prior to October 1, 1981;

    shall, subject to the conditions set forth in subsections (e) and
    (h) of this section, be entitled to a supplemental annuity in the
    amount provided under section 231b of this title: Provided,
    however, That in cases where an individual's annuity under
    subsection (a)(1) of this section begins to accrue on other than
    the first day of the month, the amount of any supplemental annuity
    to which he is entitled for that month shall be reduced by one-
    thirtieth for each day with respect to which he is not entitled to
    an annuity under subsection (a)(1) of this section.
    (c) Spouses eligible for annuities
      (1) The spouse of an individual, if - 
        (i) such individual (A) is entitled to an annuity under
      subsection (a)(1) of this section and (B) has attained the age of
      60 and has completed thirty years of service or has attained the
      age of 62, and
        (ii) such spouse (A) has attained retirement age (as defined in
      section 216(l) of the Social Security Act [42 U.S.C. 416(l)]), or
      (B) has attained the age of 60 and such individual has completed
      thirty years of service, or (C), in the case of a wife, has in
      her care (individually or jointly with her husband) a child who
      meets the qualifications prescribed in paragraph (iii) of
      subsection (d)(1) of this section (without regard to the
      provisions of clause (B) of such paragraph),

    shall, subject to the conditions set forth in subsections (e), (f),
    and (h) of this section, be entitled to a spouse's annuity, if he
    or she has filed application therefor, in the amount provided under
    section 231c of this title.
      (2) A spouse who would be entitled to an annuity under
    subdivision (1) or a divorced wife who would be entitled to an
    annuity under subdivision (4) if he or she had attained retirement
    age (as defined in section 216(l) of the Social Security Act [42
    U.S.C. 416(l)]) may elect upon or after attaining the age of 62 to
    receive such annuity, but the annuity in any such case shall be
    reduced by  1/144  for each of the first 36 months that the spouse
    or divorced wife is under retirement age (as defined in section
    216(l) of the Social Security Act) when the annuity begins to
    accrue and by  1/240  for each additional month that the spouse or
    divorced wife is under retirement age (as defined in section 216(l)
    of the Social Security Act) when the annuity begins to accrue,
    except that the annuity of a divorced wife who was previously
    entitled to a spouse annuity which was reduced under this
    subdivision shall be reduced by the same percentage as was
    applicable to the spouse annuity.
      (3) For the purposes of this subchapter, the term "spouse" shall
    mean the wife or husband of an annuitant under subsection (a)(1) of
    this section who (i) was married to such annuitant for a period of
    not less than one year immediately preceding the day on which the
    application for a spouse's annuity is filed, or in the month prior
    to his or her marriage to such annuitant was eligible for an
    annuity under paragraph (i) or (iv) of subsection (d)(1) of this
    section or, on the basis of disability, under paragraph (iii)
    thereof, or is the parent of such annuitant's son or daughter; and
    (ii) in the case of a husband, was receiving at least one-half of
    his support from his wife at the time his wife's annuity under
    subsection (a)(1) of this section began.
      (4) The "divorced wife" (as defined in section 216(d) of the
    Social Security Act [42 U.S.C. 416(d)]) of an individual, if - 
        (i) such individual (A) is entitled to an annuity under
      subsection (a)(1) of this section and (B) has attained the age
      62;
        (ii) such divorced wife (A) has attained retirement age (as
      defined in section 216(l) of the Social Security Act [42 U.S.C.
      416(l)] (!1) and (B) is not married; and

        (iii) such divorced wife would have been entitled to a benefit
      under section 202(b) of the Social Security Act [42 U.S.C.
      402(b)] as the divorced wife of such individual if all of such
      individual's service as an employee after December 31, 1936, had
      been included in the term "employment" as defined in that Act [42
      U.S.C. 301 et seq.];

    shall, subject to the conditions set forth in subsections (e), (f),
    and (h) of this section, be entitled to a divorced wife's annuity,
    if she has filed an application therefor, in the amount provided
    under section 231c of this title.
    (d) Survivors eligible for annuities
      (1) The following described survivors of a deceased employee who
    will have completed ten years of service (or five years of service,
    all of which accrues after December 31, 1995) and will have had a
    current connection with the railroad industry at the time of his
    death shall, subject to the conditions set forth in subsections (g)
    and (h) of this section, be entitled to annuities, if they have
    filed application therefor, in the amounts provided under section
    231c of this title - 
        (i) a widow (as defined in section 216(c) and (k) of the Social
      Security Act [42 U.S.C. 416(c), (k)]) or widower (as defined in
      section 216(g) and (k) of the Social Security Act) of such a
      deceased employee who has not remarried and who (A) will have
      attained the age of sixty or (B) will have attained the age of
      fifty but will not have attained age sixty and is under a
      disability which began before the end of the period prescribed in
      subdivision (2), and who, in the case of a widower, was receiving
      at least one-half of his support from the deceased employee at
      the time of her death or at the time her annuity under subsection
      (a)(1) of this section began;
        (ii) a widow (as defined in section 216(c) and (k) of the
      Social Security Act [42 U.S.C. 416(c), (k)]) of such a deceased
      employee who has not remarried and who (A) is not entitled to an
      annuity under paragraph (i), and (B) at the time of filing an
      application for an annuity under this paragraph, will have in her
      care a child of such deceased employee, which child is entitled
      to an annuity under paragraph (iii) (other than an annuity
      payable to a child who has attained age 18 and is not under a
      disability);
        (iii) a child (as defined in section 216(e) and (k) of the
      Social Security Act [42 U.S.C. 416(e), (k)]) of such a deceased
      employee who (A) will be less than eighteen years of age, or (B)
      will be less than nineteen years of age and a full-time
      elementary or secondary school student, or (C) will, without
      regard to his age, be under a disability which began before he
      attained age twenty-two or before the close of the eighty-fourth
      month following the month in which his most recent entitlement to
      an annuity under this paragraph terminated because he ceased to
      be under a disability, and who is unmarried and was dependent
      upon the employee at the time of the employee's death;
        (iv) a parent (as defined in section 202(h)(3) of the Social
      Security Act [42 U.S.C. 402(h)(3)]) of such a deceased employee
      who (A) will have attained the age of sixty and (B) will have
      received at least one-half of his or her support from such
      deceased employee at the time of the employees' (!2) death and
      (C) will not have remarried after the employee's death: Provided,
      however, That no parent will be entitled to an annuity under this
      paragraph on the basis of the deceased employee's compensation
      and years of service in any case where such employee died leaving
      a widow or widower or a child who is, or who might in the future
      become, entitled to an annuity under this subsection, but neither
      this proviso nor clause (B) or (C) of this paragraph shall
      operate to deny any parent an annuity to the extent and in the
      amount of the benefit that such parent would have received under
      the Social Security Act [42 U.S.C. 301 et seq.] if the service as
      an employee of the individual, with respect to which such parent
      would be eligible to receive an annuity under this subchapter
      except for this proviso and those clauses, were included in
      "employment" as defined in the Social Security Act; and

        (v) The (!3) widow (as defined in section 216(c) of the Social
      Security Act [42 U.S.C. 416(c)]), who is married, or has been
      married after the death of the employee, the surviving divorced
      wife (as defined in section 216(d) of the Social Security Act),
      and a surviving divorced mother (as defined in section 216(d) of
      the Social Security Act) if such widow, surviving divorced wife,
      or surviving divorced mother would have been entitled to a
      benefit under section 202(e) or 202(g) of the Social Security Act
      [42 U.S.C. 402(e), (g)] as the widow, surviving divorced wife, or
      surviving divorced mother of the employee if all of his service
      as an employee after December 31, 1936, had been included in the
      term "employment" as defined in that Act. For the purpose of this
      paragraph, the reference in sections 202(e)(3) (!4) and 202(g)(3)
      of the Social Security Act to an individual entitled under
      section 202(f) of that Act shall include an individual entitled
      to an annuity under paragraph (i) and an individual entitled to
      an annuity under paragraph (ii), and the reference in section
      202(e)(3) (!4) and section 202(g)(3) of the Social Security Act
      to an individual entitled under section 202(d) or section 202(h)
      of that Act shall include an individual entitled to an annuity
      under paragraph (iii) or paragraph (iv), and the references in
      section 202(g)(3) of the Social Security Act to an individual
      entitled under section 202(a) or section 223(a) of that Act [42
      U.S.C. 402(a), 423(a)] shall include an individual entitled to an
      annuity under subsection (a)(1) of this section.



      (2) The period referred to in clause (B) of subdivision (1)(i) is
    the period (i) beginning with the latest of (A) the month of the
    employee's death, (B) in the case of a widow, the last month for
    which she was entitled to an annuity under paragraph (ii) of
    subdivision (1) as the widow of the deceased employee, or (C) the
    month in which the widow's or widower's previous entitlement to an
    annuity as the widow or widower of the deceased employee terminated
    because her or his disability had ceased and (ii) ending with the
    month before the month in which she or he attains age sixty, or, if
    earlier, with the close of the eighty-fourth month following the
    month with which such period began.
      (3) For purposes of paragraph (i) or (iii) of subdivision (1), a
    widow, widower, or child shall be under a disability if her or his
    permanent physical or mental condition is such that she or he is
    unable to engage in any regular employment. The provisions of
    subsection (a)(3) of this section as to the proof of disability
    shall apply with regard to determinations with respect to
    disability under subdivision (1).
      (4) In determining for purposes of this subsection and
    subdivision (3) of subsection (c) of this section whether an
    applicant is the wife, husband, widow, widower, child, or parent of
    a deceased employee as claimed, the rules set forth in section
    216(h) of the Social Security Act [42 U.S.C. 416(h)] shall be
    applied deeming, for this purpose, individuals entitled to an
    annuity under subsection (c) of this section to be entitled to
    benefits under subsection (b) or (c) of section 202 of the Social
    Security Act [42 U.S.C. 402] and individuals entitled to an annuity
    under paragraph (i) or (ii) of subsection (d)(1) of this section to
    be entitled to a benefit under subsection (e), (f), or (g) of
    section 202 of the Social Security Act. For purposes of paragraph
    (iii) of subdivision (1), a child shall be deemed to have been
    dependent upon his parent employee if the conditions set forth in
    section 202(d)(3), (4), or (9) of the Social Security Act are
    fulfilled. The provisions of paragraph (7) of section 202(d) of the
    Social Security Act (defining the terms "full-time elementary or
    secondary school student" and "elementary or secondary school")
    shall be applied by the Board in the administration of this
    subsection as if the references therein to the Secretary were
    references to the Board. A child who attains age nineteen at a time
    when he is a full-time elementary or secondary school student (as
    defined in subparagraph (A) of paragraph (7) of section 202(d) of
    the Social Security Act and without the application of subparagraph
    (B) of such paragraph) but has not (at such time) completed the
    requirements for, or received, a diploma or equivalent certificate
    from a secondary school (as defined in section 202(d)(7)(c)(i) (!5)
    of the Social Security Act) shall be deemed (for purposes of
    determining his continuing or initial entitlement to an annuity
    under this subsection) not to have attained such age until the
    first day of the first month following the end of the quarter or
    semester in which he is enrolled at such time (or, if the
    elementary or secondary school in which he is enrolled is not
    operated on a quarter or semester system, until the first day of
    the first month following the completion of the course in which he
    is enrolled or until the first day of the third month beginning
    after such time, whichever first occurs).

    (e) Compensated service; rights to return
      (1) No individual shall be entitled to an annuity under
    subsection (a)(1) of this section until he shall have ceased to
    render compensated service to an employer as defined in section
    231(a) of this title.
      (2) An annuity under subsection (a)(1) of this section shall be
    paid only if the applicant shall have relinquished such rights as
    he may have to return to the service of an employer: Provided,
    however, That this requirement shall not apply to individuals
    mentioned in paragraphs (iv) and (v) of subsection (a)(1) of this
    section prior to attaining retirement age (as defined in section
    216(l) of the Social Security Act [42 U.S.C. 416(l)]): Provided
    further, That, notwithstanding the provisions of the preceding
    proviso and of clause (i) of subsection (c)(1) of this section, an
    annuity shall be paid to the spouse of an individual only if such
    individual shall have satisfied the requirements of this
    subdivision without regard to the preceding proviso: And provided
    further, That, notwithstanding the provisions of the first proviso
    of this subdivision and of clause (iii) of subsection (b)(1) of
    this section, a supplemental annuity shall be paid to an individual
    only if such individual shall have satisfied the requirements of
    this subdivision without regard to the first proviso thereof.
      (3) No annuity under subsection (a)(1) of this section or
    supplemental annuity under subsection (b)(1) of this section shall
    be paid with respect to any month in which an individual in receipt
    of an annuity or supplemental annuity thereunder shall render
    compensated service to an employer. Individuals receiving annuities
    under subsection (a)(1) of this section shall report to the Board
    immediately all such compensated service.
      (4) No annuity under paragraph (iv) or (v) of subsection (a)(1)
    of this section shall be paid to an individual with respect to any
    month in which the individual is under retirement age (as defined
    in section 216(l) of the Social Security Act [42 U.S.C. 416(l)])
    and is paid more than $400 in earnings (after deduction of
    disability related work expenses) from employment or self-
    employment of any form: Provided, however, That for purposes of
    this subdivision, if a payment in any one calendar month is for
    accruals in more than one calendar month, such payment shall be
    deemed to have been paid in each of the months in which accrued to
    the extent accrued in such month. Any such individual under the
    retirement age (as defined in section 216(l) of the Social Security
    Act) shall report to the Board any such payment of earnings for
    such employment or self-employment before receipt and acceptance of
    an annuity for the second month following the month of such
    payment. A deduction shall be imposed, with respect to any such
    individual who fails to make such report, in the annuity or
    annuities otherwise due the individual, in an amount equal to the
    amount of the annuity for each month in which he is paid such
    earnings in such employment or self-employment, except that the
    first deduction imposed pursuant to this sentence shall in no case
    exceed an amount equal to the amount of the annuity otherwise due
    for the first month with respect to which the deduction is imposed.
    If pursuant to the first sentence of this subdivision an annuity
    was not paid to an individual with respect to one or more months in
    any calendar year, and it is subsequently established that the
    total amount of such individual's earnings during such year as
    determined in accordance with that sentence (but exclusive of
    earnings for services described in subdivision (3)) did not exceed
    $4,800 (after deduction of disability related work expenses), the
    annuity with respect to such month or months, and any deduction
    imposed by reason of the failure to report earnings for such month
    or months under the third sentence of this subdivision, shall then
    be payable. If the total amount of such individual's earnings
    during such year (exclusive of earnings for services described in
    subdivision (3)) is in excess of $4,800 (after deduction of
    disability related work expenses), the number of months in such
    year with respect to which an annuity is not payable by reason of
    such first and third sentences shall not exceed one month for each
    $400 of such excess, treating the last $200 or more of such excess
    as $400; and if the amount of the annuity has changed during such
    year, any payments of annuities which become payable solely by
    reason of the limitations contained in this sentence shall be made
    first with respect to the month or months for which the annuity is
    larger.
      (5) The annuity of a spouse or divorced wife under subsection (c)
    of this section shall, with respect to any month, be subject to the
    same provisions of this subsection as the individual's annuity. In
    addition, the annuity of a spouse or divorced wife under subsection
    (c) of this section shall not be payable for any month if the
    individual's annuity under subsection (a)(1) of this section is not
    payable for such month by reason of the provisions of this
    subsection.
    (f) Deductions on account of work
      (1) That portion of the individual's annuity as is computed under
    section 231b(a) of this title on the basis of (A) his compensation
    and years of service subsequent to December 31, 1974, and (B) his
    wages and self-employment income derived from employment and self-
    employment under the Social Security Act [42 U.S.C. 301 et seq.]
    and that portion of the individual's annuity as is computed under
    section 231b(h) of this title shall be subject to deductions on
    account of work pursuant to the provisions of section 203 of the
    Social Security Act [42 U.S.C. 403] in the same manner as if such
    portion of such annuity were a monthly insurance benefit under that
    Act: Provided, however, That the provisions of this subdivision
    shall be applicable to the annuity of an individual only if such
    individual would be fully insured under the Social Security Act on
    the basis of wages and self-employment income derived from
    employment and self-employment under that Act and on the basis of
    compensation derived from service as an employee after December 31,
    1974, if such service as an employee had been included in the term
    "employment" as defined in that Act. Any person in receipt of an
    annuity subject to deduction under this subsection shall report to
    the Board the receipt of excess earnings as defined in paragraph
    (3) of section 203(f) of the Social Security Act.
      (2) That portion of the spouse's or divorced wife's annuity under
    subsection (c) of this section which is derived from the portion of
    the individual's annuity subject to deductions under subdivision
    (1) and that portion of the spouse's or divorced wife's annuity as
    is computed under section 231c(e) of this title shall be subject to
    deductions on account of work pursuant to the provisions of section
    203 of the Social Security Act [42 U.S.S. 403] in the same manner
    as if such portion of such spouse's or divorced wife's annuity were
    a monthly insurance benefit under that Act. In addition, such
    portion of the spouse's or divorced wife's annuity shall be subject
    to deductions if the individual's annuity is subject to deductions
    under subdivision (1) in the same manner as if such portion of such
    spouse's or divorced wife's annuity were a monthly insurance
    benefit under the Social Security Act [42 U.S.C. 301 et seq.].
      (3) Deductions shall not be made pursuant to subdivision (1) from
    that portion of an individual's annuity as is computed under
    section 231b(a) of this title for any month in which the annuity of
    such individual is reduced pursuant to section 231b(m) of this
    title. This subdivision shall be disregarded in determining the
    applicability and amount of deductions in a spouse's annuity
    pursuant to subdivision (2) of this subsection.
      (4) Deductions shall not be made pursuant to subdivision (2) from
    that portion of a spouse's annuity as is computed under section
    231c(a) of this title for any month in which the annuity of such
    spouse is reduced due to entitlement to a benefit under title II of
    the Social Security Act [42 U.S.C. 401 et seq.].
      (5) If an annuity begins to accrue on other than the first day of
    a month, subdivisions (1) and (2) of this subsection shall not
    apply in the year the annuity begins to accrue if the annuitant has
    no earnings in excess of the monthly exempt amount in such year
    after the annuity beginning date.
      (6)(A) Except as provided in subparagraph (B) - 
        (i) that portion of the annuity for any month of an individual
      as is computed under section 231b(b) of this title and as
      adjusted under section 231b(g) of this title, plus any
      supplemental amount for such month under section 231b(e) of this
      title, and that portion of the annuity for any month of a spouse
      as is computed under section 231c(b) of this title and as
      adjusted under section 231c(d) of this title, shall each be
      subject to a deduction of $1 for each $2 of compensation received
      by such individual from compensated service rendered in such
      month to the last person, or persons, by whom such individual was
      employed before the date on which the annuity of such individual
      under subsection (a)(1) of this section began to accrue; and
        (ii) that portion of the annuity for any month of a spouse as
      is computed under section 231c(b) of this title and as adjusted
      under section 231c(d) of this title shall be subject to a
      deduction of $1 for each $2 of compensation received by such
      spouse from compensated service rendered in such month to the
      last person, or persons, by whom such spouse was employed before
      the date on which the annuity of such spouse under subsection
      (c)(1) of this section began to accrue.

      (B) Any deductions imposed by this subdivision for any month
    shall not exceed 50 percent of the annuity amount for such month to
    which such deductions apply.
    (g) Employment compensation of survivors; deductions
      (1) No annuity shall be paid to a survivor under subsection (d)
    of this section with respect to any month in which such survivor
    renders service for compensation as an employee of an employer.
    Survivors receiving annuities under subsection (d) of this section
    shall report to the Board immediately all such service for
    compensation.
      (2) Deductions, in amounts and at such time or times as the Board
    shall determine, shall be made from any payments to which a
    survivor is entitled under subsection (d) of this section until the
    total of such deductions equals such survivor's annuity under that
    subsection for any month, if for such month such survivor would be
    charged with excess earnings under section 203(f) of the Social
    Security Act [42 U.S.C. 403(f)] or, having engaged in any activity
    outside the United States, would be charged under such section
    203(f) of the Social Security Act [42 U.S.C. 403(f)] with any
    excess earnings derived from such activity if it had been an
    activity within the United States. For purposes of this subdivision
    the Board shall have the authority to take such actions and to make
    such determinations and such suspensions of payment of benefits in
    the manner and to the extent that the Secretary of Health and Human
    Services would be authorized to take or to make under section
    203(h)(3) of the Social Security Act if the survivors were
    receiving the annuities to which this subdivision applies under
    section 202 of the Social Security Act [42 U.S.C. 402]: Provided,
    however, That in determining a survivor's excess earnings for a
    year for the purposes of this subdivision there shall not be
    included his income from employment or self-employment during
    months beginning with the month with respect to which he ceases to
    be qualified for an annuity. Survivors receiving annuities under
    subsection (d) of this section shall report to the Board the
    receipt of excess earnings described in this subdivision.
    (h) Military service; reductions
      (1) Repealed. Pub. L. 98-76, title IV, Sec. 414(a), Aug. 12,
    1983, 97 Stat. 436.
      (2) The supplemental annuity provided an individual by subsection
    (b) of this section shall, with respect to any month, be reduced by
    the amount of the supplemental pension, attributable to the
    employer's contribution, that such individual is entitled to
    receive for that month under any other supplemental pension plan:
    Provided, however, That the maximum of such reduction shall be
    equal to the amount of the supplemental annuity less any amount by
    which the supplemental pension is reduced by reason of the
    supplemental annuity.
      (3) If a spouse or divorced wife entitled to an annuity under
    subsection (c) of this section or a survivor entitled to an annuity
    under subsection (d) of this section for any month is also entitled
    to annuity under subsection (a)(1) of this section for such month,
    the annuity under subsection (c) or (d) of this section shall be
    reduced, but not below zero, by an amount equal to the annuity
    under subsection (a)(1) of this section: Provided, however, That
    the provisions of this subdivision shall not apply if either the
    spouse or survivor or the individual upon whose earnings record the
    spouse's or survivor's annuity under subsection (c) or (d) of this
    section is based rendered service as an employee to an employer, or
    as an employee representative, prior to January 1, 1975.
      (4) If an annuitant is entitled to more than one annuity under
    subsections (c) and (d) of this section for a month, such annuitant
    shall be entitled to only the larger of such annuities for such
    month, except that, if such annuitant so elects, he shall instead
    be entitled to only the smaller of such annuities for such month.
    (i) Limitation; service accrued after 1995
      An individual entitled to an annuity under this section who has
    completed five years of service, all of which accrues after 1995,
    but who has not completed ten years of service, and the spouse,
    divorced spouse, and survivors of such individual, shall not be
    entitled to an annuity amount provided under section 231b(a),
    section 231c(a), or section 231c(f) of this title unless the
    individual, or the individual's spouse, divorced spouse, or
    survivors, would be entitled to a benefit under title II of the
    Social Security Act [42 U.S.C. 401 et seq.] on the basis of the
    individual's employment record under both this subchapter and title
    II of the Social Security Act.

-SOURCE-
    (Aug. 29, 1935, ch. 812, Sec. 2, as restated June 24, 1937, ch.
    382, pt. I, 50 Stat. 307, as restated Pub. L. 93-445, title I, Sec.
    101, Oct. 16, 1974, 88 Stat. 1312; amended Pub. L. 96-88, title V,
    Sec. 509(b), Oct. 17, 1979, 93 Stat. 695; Pub. L. 97-35, title XI,
    Sec. 1117, Aug. 13, 1981, 95 Stat. 628; Pub. L. 98-76, title I,
    Secs. 104(a), (b), 106(a)-(g), title IV, Secs. 409(a), 413(a),
    414(a), 415, Aug. 12, 1983, 97 Stat. 416-418, 435, 436; Pub. L. 100-
    647, title VII, Secs. 7302(a), (b), 7303(a), Nov. 10, 1988, 102
    Stat. 3777, 3778; Pub. L. 107-90, title I, Sec. 103(a), (c), (d),
    Dec. 21, 2001, 115 Stat. 880.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Social Security Act, referred to in subsecs. (c)(4),
    (d)(1)(iv), (f)(1), (2), (4), and (i), is act Aug. 14, 1935, ch.
    531, 49 Stat. 620, as amended, which is classified generally to
    chapter 7 (Sec. 301 et seq.) of Title 42, The Public Health and
    Welfare. Title II of the Act is classified generally to subchapter
    II (Sec. 401 et seq.) of chapter 7 of Title 42. For complete
    classification of this Act to the Code, see section 1305 of Title
    42 and Tables.
      Paragraph (3) of section 202(e) of the Social Security Act [42
    U.S.C. 402(e)(3)], referred to in subsec. (d)(1)(v), was repealed,
    and paragraph (4) of section 202(e) of that Act was redesignated as
    paragraph (3) of section 202(e) and was further amended, by Pub. L.
    98-21, title I, Sec. 131(a)(1)-(3)(A), Apr. 20, 1983, 97 Stat. 92.


-MISC1-
                                AMENDMENTS                            
      2001 - Subsec. (a)(1). Pub. L. 107-90, Sec. 103(a)(1), inserted
    "(or, for purposes of paragraphs (i), (iii), and (v), five years of
    service, all of which accrues after December 31, 1995)" after "ten
    years of service" in introductory provisions.
      Subsec. (a)(4). Pub. L. 107-90, Sec. 103(a)(2), added par. (4).
      Subsec. (d)(1). Pub. L. 107-90, Sec. 103(c), inserted "(or five
    years of service, all of which accrues after December 31, 1995)"
    after "ten years of service" in introductory provisions.
      Subsec. (i). Pub. L. 107-90, Sec. 103(d), added subsec. (i).
      1988 - Subsec. (e)(1). Pub. L. 100-647, Sec. 7302(a)(1), struck
    out "any person, whether or not" after "compensated service to" and
    "(but with the right to engage in other employment to the extent
    not prohibited by subdivision (3) or (4) of this subsection or by
    subsection (f) of this section). As used in this subsection, the
    term 'compensated service' shall not include any service as an
    elected public official of the United States, a State, or any
    political subdivision of a State" after "section 231(a) of this
    title".
      Subsec. (e)(2). Pub. L. 100-647, Sec. 7302(a)(2), struck out "and
    of the person, or persons, by whom he was last employed" after
    "service of an employer".
      Subsec. (e)(3). Pub. L. 100-647, Sec. 7302(a)(3), struck out "or
    to the last person, or persons, by whom he was employed prior to
    the date on which the annuity under subsection (a)(1) of this
    section began to accrue" after "service to an employer".
      Subsec. (e)(4). Pub. L. 100-647, Sec. 7303(a), substituted "$400
    in earnings (after deduction of disability related work expenses)"
    for "$200 in earnings", "$4,800 (after deduction of disability
    related work expenses)" for "$2,400" in two places, "each $400" for
    "each $200", "$200" for "$100", and "as $400" for "as $200".
      Subsec. (f)(6). Pub. L. 100-647, Sec. 7302(b), added par. (6).
      1983 - Subsec. (a)(1)(i). Pub. L. 98-76, Sec. 106(a)(1),
    substituted "retirement age (as defined in section 216(l) of the
    Social Security Act)" for "the age of sixty-five".
      Subsec. (a)(1)(iii). Pub. L. 98-76, Sec. 106(a)(2), substituted
    "reduced by  1/180  for each of the first 36 months that he or she
    is under retirement age (as defined in section 216(l) of the Social
    Security Act) when the annuity begins to accrue and by  1/240  for
    each additional month that he or she is under retirement age (as
    defined in section 216(l) of the Social Security Act) when the
    annuity begins to accrue" for "reduced by  1/180  for each calendar
    month that he or she is under age sixty-five when the annuity
    begins to accrue".
      Subsec. (a)(3). Pub. L. 98-76, Sec. 106(b), which directed the
    substitution of "retirement age (as defined in section 216(l) of
    the Social Security Act)" for "the age of 65" and "the age of sixty-
    five years" was executed by substituting that phrase for "the age
    of sixty-five" and "the age of sixty-five years".
      Subsec. (c)(1)(ii). Pub. L. 98-76, Sec. 106(c), substituted
    "retirement age (as defined in section 216(l) of the Social
    Security Act)" for "the age of 65".
      Subsec. (c)(2). Pub. L. 98-76, Sec. 106(d), substituted
    "retirement age (as defined in section 216(l) of the Social
    Security Act)" for "the age of 65" and "reduced by  1/144  for each
    of the first 36 months that the spouse or divorced wife is under
    retirement age (as defined in section 216(l) of the Social Security
    Act) when the annuity begins to accrue and by  1/240  for each
    additional month that the spouse or divorced wife is under
    retirement age (as defined in section 216(l) of the Social Security
    Act) when the annuity begins to accrue" for "reduced by  1/144  for
    each calendar month that the spouse or divorced wife is under age
    65 when the annuity begins to accrue".
      Pub. L. 98-76, Sec. 409(a), inserted ", except that the annuity
    of a divorced wife who was previously entitled to a spouse annuity
    which was reduced under this subdivision shall be reduced by the
    same percentage as was applicable to the spouse annuity" before the
    period.
      Subsec. (c)(3). Pub. L. 98-76, Sec. 415, struck out ", if, as of
    the day on which the application for a spouse's annuity is filed,
    such wife or husband and such annuitant were members of the same
    household, or such wife or husband was receiving regular
    contributions from such annuitant toward her or his support, or
    such annuitant has been ordered by any court to contribute to the
    support of such wife or husband" after "annuitant's son or
    daughter".
      Subsec. (c)(4)(ii)(A). Pub. L. 98-76, Sec. 106(e), substituted
    "retirement age (as defined in section 216(l) of the Social
    Security Act" for "the age of 65".
      Subsec. (d)(1)(iii)(B). Pub. L. 98-76, Sec. 104(a), substituted
    "nineteen years of age and a full-time elementary or secondary
    school student" for "twenty-two years of age and a full-time
    student at an educational institution".
      Subsec. (d)(1)(iv). Pub. L. 98-76, Sec. 413(a), inserted ", but
    neither this proviso nor clause (B) or (C) of this paragraph shall
    operate to deny any parent an annuity to the extent and in the
    amount of the benefit that such parent would have received under
    the Social Security Act if the service as an employee of the
    individual, with respect to which such parent would be eligible to
    receive an annuity under this subchapter except for this proviso
    and those clauses, were included in 'employment' as defined in the
    Social Security Act".
      Subsec. (d)(4). Pub. L. 98-76, Sec. 104(b), substituted "full-
    time elementary or secondary school student" for "full-time
    student" and "elementary or secondary school" for "educational
    institution", in two places, "nineteen" for "twenty-two", and
    "diploma or equivalent certificate from a secondary school (as
    defined in section 202(d)(7)(c)(1) of the Social Security Act)" for
    "degree from a four-year college or university".
      Subsec. (e)(2). Pub. L. 98-76, Sec. 106(f), substituted
    "retirement age (as defined in section 216(l) of the Social
    Security Act)" for "age sixty-five".
      Subsec. (e)(4). Pub. L. 98-76, Sec. 106(g), substituted
    "retirement age (as defined in section 216(l) of the Social
    Security Act)" for "age sixty-five" and "age of sixty-five".
      Subsec. (h)(1). Pub. L. 98-76, Sec. 414(a), struck out par. (1)
    relating to a reduction of annuities of individuals whose military
    service credited under section 231b(i)(2) of this title was used as
    a basis or partial basis for a pension, disability compensation, or
    any other gratuitous benefits payable on a periodic basis under any
    other Act.
      1981 - Subsec. (b). Pub. L. 97-35, Sec. 1117(a), struck out
    subdiv. (1) designation, substituted "conditions set forth in
    subsections (e)" for "conditions set forth in subdivision (2) of
    this section and subsections (e)", added par. (v), and struck out
    subdivs. (2) and (3), which provided for supplementary annuity for
    the period after an individual renders service as an employee for
    compensation after his supplemental annuity closing date with two
    provisos, and that such provisions shall not supersede the
    provisions of any agreement reached through collective bargaining
    providing for mandatory retirement at an age less than the
    applicable supplemental annuity closing date.
      Subsec. (c)(2), (4). Pub. L. 97-35, Sec. 1117(b), substituted
    "subdivision (1) or a divorced wife who would be entitled to an
    annuity under subdivision (4) if he or" for "subdivision (1) if he
    or", "by  1/144  for each calendar month that the spouse or
    divorced wife is" for "by  1/180  for each calendar month that the
    spouse is" in subdiv. (2), and added subdiv. (4).
      Subsec. (d)(1)(v). Pub. L. 97-35, Sec. 1117(c), added par. (v).
      Subsec. (e)(5). Pub. L. 97-35, Sec. 1117(d), substituted "spouse
    or divorced wife" for "spouse" in two places.
      Subsec. (f)(2). Pub. L. 97-35, Sec. 1117(e)(1), substituted
    "spouse's or divorced wife's annuity" for "spouse's annuity" in
    five places.
      Subsec. (f)(3) to (5). Pub. L. 97-35, Sec. 1117(e)(2), added
    subdivs. (3) to (5).
      Subsec. (g)(2). Pub. L. 97-35, Sec. 1117(f), substituted "such
    survivor would be charged with" for "such survivor is under the age
    of seventy-two and is charged with".
      Subsec. (h). Pub. L. 97-35, Sec. 1117(g), substituted "the spouse
    or divorced wife of such individual" for "the spouse of such
    individual" in subdiv. (1), and "If a spouse or divorced wife
    entitled" for "If a spouse entitled" in subdiv. (3).

-CHANGE-
                              CHANGE OF NAME                          
      "Secretary of Health and Human Services" substituted for
    "Secretary of Health, Education, and Welfare" in subsec. (g)(2),
    pursuant to section 509(b) of Pub. L. 96-88, which is classified to
    section 3508(b) of Title 20, Education.


-MISC2-
                     EFFECTIVE DATE OF 2001 AMENDMENT                 
      Amendment by Pub. L. 107-90 effective Jan. 1, 2002, see section
    103(j) of Pub. L. 107-90, set out as a note under section 405 of
    Title 42, The Public Health and Welfare.

                     EFFECTIVE DATE OF 1988 AMENDMENT                 
      Section 7302(c) of Pub. L. 100-647 provided that: "The amendments
    made by this section [amending this section] shall apply to
    annuities payable under the Railroad Retirement Act of 1974 [this
    subchapter] for months beginning after the date of enactment of
    this Act [Nov. 10, 1988]."
      Section 7303(b) of Pub. L. 100-647 provided that: "The amendments
    made by this section [amending this section] shall apply with
    respect to months in calendar years beginning after December 31,
    1988."

                     EFFECTIVE DATE OF 1983 AMENDMENT                 
      Section 104(d) of Pub. L. 98-76 provided that: "The amendments
    made by this section [amending this section and section 231d of
    this title] shall be effective with respect to annuities accruing
    for months after the month in which this Act is enacted [August,
    1983] except in the case of a child who has attained the age of
    eighteen in or before the month in which this Act is enacted and is
    entitled to an annuity under section 2(d) of the Railroad
    Retirement Act of 1974 [subsec. (d) of this section] for the month
    in which this Act is enacted or, if earlier, for the month of April
    1983."
      Section 106(k) of Pub. L. 98-76 provided that: "The amendments
    made by this section [amending this section and sections 231c and
    231d of this title] shall be effective on the date of the enactment
    of this Act [Aug. 12, 1983], except that such amendment shall not
    apply to annuity amounts provided under sections 3(b) and 4(b) of
    the Railroad Retirement Act of 1974 or to increases in such annuity
    amounts provided under sections 3(g) and 4(d) of such Act if the
    individual upon whose earning record such annuity amounts are based
    rendered service as an employee to an employer, or as an employee
    representative, before the date of the enactment of this Act."
      Section 409(b) of Pub. L. 98-76 provided that: "The amendment
    made by this section [amending this section] shall be effective
    with respect to divorced wife annuities awarded on and after the
    date of enactment [Aug. 12, 1983]."
      Section 413(b) of Pub. L. 98-76 provided that: "The amendment
    made by this section [amending this section] shall apply with
    respect to annuities that first begin to accrue with respect to any
    month beginning after the date of the enactment of this Act [Aug.
    12, 1983]."
      Section 414(b) of Pub. L. 98-76 provided that: "The amendments
    made by this section [amending this section] shall apply with
    respect to months beginning after the date of the enactment of this
    Act [Aug. 12, 1983]."

                     EFFECTIVE DATE OF 1981 AMENDMENT                 
      Amendment by section 1117(a) of Pub. L. 97-35 effective Oct. 1,
    1981, and applicable with respect to individuals whose supplemental
    annuity closing date under subsec. (b) of this section did not
    occur before Oct. 1, 1981, amendment by section 1117(e)(2), (f) of
    Pub. L. 97-35 effective Jan. 1, 1982, and amendment by other
    provisions of section 1117 of Pub. L. 97-35 effective Oct. 1, 1981,
    and applicable with respect to annuities awarded on or after Oct.
    1, 1981, see section 1129 of Pub. L. 97-35, set out as a note under
    section 231 of this title.

            SPECIAL $50 PAYMENT UNDER TAX REDUCTION ACT OF 1975        
      Special payment of $50 as soon as practicable after Mar. 29,
    1975, by Secretary of the Treasury to each individual who, for
    month of March 1975, was entitled to a monthly annuity or pension
    payment under this subchapter, see section 702 of Pub. L. 94-12,
    set out as a note under section 402 of Title 42, The Public Health
    and Welfare.

-FOOTNOTE-
    (!1) So in original. Probably should be followed by a closing
         parenthesis.

    (!2) So in original. Probably should be "employee's".

    (!3) So in original. Probably should not be capitalized.

    (!4) See References in Text note below.

    (!5) So in original. Probably should be section
         "202(d)(7)(C)(i)".


-End-



-CITE-
    45 USC Sec. 231b                                            01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 9 - RETIREMENT OF RAILROAD EMPLOYEES
    SUBCHAPTER IV - RAILROAD RETIREMENT ACT OF 1974

-HEAD-
    Sec. 231b. Computation of annuities

-STATUTE-
    (a) Amount
      (1) The annuity of an individual under section 231a(a)(1) of this
    title shall be in an amount equal to the amount (before any
    reduction on account of age and before any deductions on account of
    work) of the old-age insurance benefit or disability insurance
    benefit to which such individual would have been entitled under the
    Social Security Act [42 U.S.C. 301 et seq.] if all of his or her
    service as an employee after December 31, 1936, had been included
    in the term "employment" as defined in that Act.
      (2) For purposes of this subsection, individuals entitled to an
    annuity under section 231a(a)(1)(ii) of this title shall, except
    for the purposes of recomputations in accordance with section
    215(f) of the Social Security Act [42 U.S.C. 415(f)], be deemed to
    have attained retirement age (as defined by section 216(l) of the
    Social Security Act [42 U.S.C. 416(l)]). For purposes of this
    subsection, individuals entitled to an annuity under paragraph (iv)
    or (v) of section 231a(a)(1) of this title shall be deemed to be
    entitled to a disability insurance benefit under section 223 of the
    Social Security Act [42 U.S.C. 423].
      (3) If an individual entitled to an annuity under section
    231a(a)(1)(i) or (iii) of this title on the basis of less than ten
    years of service is entitled to a benefit under section 202(a),
    section 202(b), or section 202(c) of the Social Security Act [42
    U.S.C. 402(a), (b), (c)] which began to accrue before the annuity
    under section 231a(a)(1)(i) or (iii) of this title, the annuity
    amount provided such individual under this subsection, shall be
    computed as though the annuity under this subchapter began to
    accrue on the later of (A) the date on which the benefit under
    section 202(a), section 202(b), or section 202(c) of the Social
    Security Act began, or (B) the date on which the individual first
    met the conditions for entitlement to an age reduced annuity under
    this subchapter other than the conditions set forth in sections
    231a(e)(1) and 231a(e)(2) of this title and the requirement that an
    application be filed.
    (b) Increased annuities under subsection (a)
      (1) The amount of the annuity of an individual provided under
    subsection (a) of this section shall be increased by an amount
    equal to seven-tenths of 1 per centum of the product which is
    obtained by multiplying such individual's "years of service" by
    such individual's "average monthly compensation" as determined
    under this subsection. The annuity amount payable to the individual
    under this subsection shall be reduced by 25 per centum of the
    annuity amount computed for such individual under subsection (h)(1)
    or (h)(2), and subsection (h)(5), of this section without regard to
    section 231f(c)(1) of this title. An individual's "average monthly
    compensation" for purposes of this subsection shall be the quotient
    obtained by dividing by 60 such individual's total compensation for
    the 60 months, consecutive or otherwise, during which such
    individual received that individual's highest monthly compensation,
    except that no part of any month's compensation in excess of the
    maximum amount creditable for any individual for such month under
    subsection (j) of this section shall be recognized. In determining
    the months of compensation to be used for purposes of this
    subsection, the total compensation reported for the individual
    under section 231h of this title or credited to such individual
    under subsection (j) of this section for a year divided by the
    number of months of service credited to such individual under
    subsection (i) of this section with respect to such year shall be
    considered the monthly compensation of the individual for each
    month of service in any year for which records of the Board do not
    show the amount of compensation paid to the individual on a monthly
    basis. If the "average monthly compensation" computed under this
    subsection is not a multiple of $1, it shall be rounded to the next
    lower multiple of $1.
      (2) For purposes of subdivision (1) of this subsection, in
    determining "average monthly compensation" for an individual who
    has not engaged in employment for an employer in the 60-month
    period preceding the month in which such individual's annuity began
    to accrue, and whose major employment during such 60-month period
    was for a United States department or agency named in section
    231(o) of this title, the amount of compensation used with respect
    to each month used in making such determination shall be the
    product of - 
        (i) the compensation credited to such individual for such month
      under paragraph (1) of this subsection; and
        (ii) the quotient obtained by dividing - 
          (I) the average of total wages (as determined under section
        215(b)(3)(A)(ii)(I) of the Social Security Act [42 U.S.C.
        415(b)(3)(A)(ii)(I)]) for the second calendar year preceding
        the earliest of the year of the individual's death or the year
        in which an annuity begins to accrue to such individual
        (disregarding an annuity based on disability which is
        terminated because such individual has recovered from such
        disability if such individual engages in any regular employment
        after such termination); by
          (II) the average of total wages (as determined under section
        215(b)(3)(A)(ii)(II) of the Social Security Act [42 U.S.C.
        415(b)(3)(A)(ii)(II)]) for the calendar year during which such
        month occurred, unless such month occurred prior to calendar
        year 1951, in which case, the average of total wages so
        determined for 1951.

    In no event shall "average monthly compensation" determined for an
    individual under this subdivision exceed the maximum "average
    monthly compensation" which can be determined under subdivision (1)
    of this subsection for any person retiring January 1 of the year in
    which such individual's annuity began to accrue.
    (c), (d) Repealed. Pub. L. 97-35, title XI, Sec. 1118(b), Aug. 13,
      1981, 95 Stat. 631
    (e) Supplemental annuities
      The supplemental annuity of an individual under section 231a(b)
    of this title shall be $23 plus an additional amount of $4 for each
    year of service that the individual has in excess of 25 years, but
    in no case shall the supplemental annuity exceed $43.
    (f) Reductions in annuities
      (1) If, in the case of an individual whose annuity under section
    231a(a)(1) of this title began to accrue prior to January 1, 1983,
    the annuity (before any reduction due to such individual's
    entitlement to a monthly insurance benefit under the Social
    Security Act [42 U.S.C. 301 et seq.] and disregarding any amount
    provided by subsection (h) of this section) plus the supplemental
    annuity to which such individual is entitled for any month under
    this subchapter, together with the annuity, if any, of the spouse
    of such individual (before any reduction due to such spouse's
    entitlement to a wife's or husband's insurance benefit under the
    Social Security Act and disregarding any amount provided by section
    231c(e) of this title), before any reductions under the provisions
    of section 231a(f) of this title is less than the total amount
    which would have been payable to such individual and his spouse for
    such month, on the basis of the individual's compensation and years
    of service, under the provisions of the Railroad Retirement Act of
    1937 as in effect on December 31, 1974 [45 U.S.C. 228a et seq.],
    disregarding, for purposes of the computations under such Railroad
    Retirement Act of 1937 compensation for any month after December
    31, 1974, in excess of one-twelfth of the maximum annual taxable
    "wages" (as defined in section 3121 of the Internal Revenue Code of
    1986 [26 U.S.C. 3121]) for the calendar year 1974, the annuity of
    such individual and the annuity of such spouse, if any, shall be
    increased proportionately so as to equal such total amount. For the
    purpose of computing amounts under this subdivision, the Board
    shall have the authority to approximate the effect of the
    reductions prescribed by sections 3(a)(2) and 3(a)(3) of the
    Railroad Retirement Act of 1937 [45 U.S.C. 228c(a)(2), (a)(3)]. For
    purposes of computing amounts payable under the Railroad Retirement
    Act of 1937, any increases in the amounts determined under the
    first proviso of section 3(e) of such Act which would have become
    effective after December 31, 1974, shall be disregarded.
      (2) If for any month in which an annuity accrues and is payable
    under this subchapter the annuity to which an individual is
    entitled under this subchapter (or would have been entitled except
    for a reduction pursuant to a joint and survivor election),
    together with the annuity, if any, of the spouse and divorced wife
    of such individual, is less than the total amount, or the
    additional amount, which would have been payable to all persons for
    such month under the Social Security Act [42 U.S.C. 301 et seq.] if
    such individual's service as an employee after December 31, 1936,
    were included in the term "employment" as defined in that Act, the
    annuities of the individual and spouse shall be increased
    proportionately to such total amount, or such additional amount:
    Provided, however, That if an annuity accrues to an individual or a
    spouse for a part of a month, the amount payable for such part of a
    month under this subdivision shall be one-thirtieth of the amount
    payable under this subdivision for an entire month, multiplied by
    the number of days in such part of a month. For purposes of this
    subdivision, (i) persons not entitled to an annuity under section
    231a of this title shall not be included in the computation under
    this subdivision except a spouse who could qualify for an annuity
    under section 231a(c) of this title if the individual from whom the
    spouse's annuity under this subchapter would derive had attained
    age 60 or 62, as the case may be, and such individual's children
    who meet the definition as such contained in section 216(e) of the
    Social Security Act [42 U.S.C. 416(e)]; (ii) after an annuity has
    been certified for payment and this subdivision was inapplicable
    after allowing for any waiting period under section 223(c)(2) of
    the Social Security Act [42 U.S.C. 423(c)(2)], and after having
    considered the inclusion of all persons who were then eligible for
    inclusion in the computation under this subdivision, or was then
    applicable but later became inapplicable, any recertification in
    such annuity under this subdivision shall not take into account
    persons not entitled to an annuity under section 231a of this title
    except a spouse who could qualify for an annuity under section
    231a(c) of this title when she attains age 60 or 62, as the case
    may be, if the individual from whom the spouse's annuity would
    derive had attained age 60 or 62, as the case may be, and who was
    married to such individual at the time he applied for his annuity;
    and (iii) in computing the amount to be paid under this subdivision
    the only benefits under title II of the Social Security Act [42
    U.S.C. 401 et seq.] which shall be considered shall be those to
    which the persons included in the computation are entitled.
    (g) Increased annuities under subsection (b)
      (1) Effective with the date of any increase after January 31,
    1984, in monthly insurance benefits under the Social Security Act
    [42 U.S.C. 301 et seq.] which occurs, or which would have occurred
    had there not been a general benefit increase under that Act,
    pursuant to the automatic cost-of-living provisions of section
    215(i) of that Act [42 U.S.C. 415(i)], that portion of the annuity
    of an individual which is computed under subsection (b) of this
    section shall, if such individual's annuity under section
    231a(a)(1) of this title began to accrue on or before the effective
    date of a particular increase under this subdivision, be increased
    by 32.5 per centum of the percentage increase in the index which is
    used, or which would have been used had there not been a general
    benefit increase under the Social Security Act, in increasing
    benefits under the Social Security Act pursuant to the automatic
    cost-of-living provisions of section 215(i) of that Act. Any
    increase under this subsection shall not be deferred and shall be
    reflected in all payments made to annuitants after such increase
    under this subsection becomes effective.
      (2) The first and, if necessary, the following time or times
    after January 1, 1983, that monthly insurance benefits under
    section 202 of the Social Security Act [42 U.S.C. 402] are
    increased, that portion of the annuity of an individual which is
    computed under subsection (b) of this section as increased under
    subdivision (1) of this subsection shall, if such individual's
    annuity under section 231a(a)(1) of this title began to accrue in
    or before the year in which such first increase under the Social
    Security Act [42 U.S.C. 301 et seq.] became effective, be reduced
    by the dollar amount by which that portion of the annuity provided
    such individual under subsection (a) of this section was increased,
    after any reduction under subsection (m) of this section, as a
    result of such increase or increases under the Social Security Act
    until the total dollar amount of such reduction or reductions
    equals 5 per centum of the annuity amount provided such individual
    under subsection (a) of this section, as reduced under subsection
    (m) of this section, prior to such first increase. In no case shall
    the reduction by reason of this paragraph operate to reduce such
    portion to an amount less than $10.
    (h) Increased annuities under subsections (a) and (b)
      (1) The amount of the annuity provided under subsections (a) and
    (b) of this section of an individual who (A) will have (i) rendered
    service as an employee to an employer, or as an employee
    representative, during the calendar year 1974, or (ii) had a
    current connection with the railroad industry on December 31, 1974,
    or at the time his annuity under section 231a(a)(1) of this title
    began to accrue, or (iii) completed twenty-five years of service
    prior to January 1, 1975, and (B) will have (i) completed ten years
    of service prior to January 1, 1975, and (ii) been permanently
    insured under the Social Security Act [42 U.S.C. 301 et seq.] on
    December 31, 1974, shall be increased by an amount equal to the
    amount by which (C) the sum of (i) the primary insurance amount to
    which such individual would have been entitled, upon the attainment
    of age 65 (or, if later, for January 1975), under the provisions of
    the Social Security Act as in effect on December 31, 1974, if his
    service as an employee after December 31, 1936, and prior to
    January 1, 1975, were included in the term "employment" as defined
    in that Act and if he had no wages or self-employment income under
    that Act other than wages derived from such service as an employee,
    and (ii) the primary insurance amount to which such individual
    would have been entitled, upon the attainment of age 65 (or, if
    later, for January 1975), under the provisions of the Social
    Security Act as in effect on December 31, 1974, on the basis of his
    wages and self-employment income derived from employment and self-
    employment under that Act prior to January 1, 1975, exceeds (D)
    the primary insurance amount to which such individual would have
    been entitled, upon the attainment of age 65 (or, if later, for
    January 1975), under the provisions of the Social Security Act as
    in effect on December 31, 1974, on the basis of his wages and self-
    employment income derived from employment and self-employment
    under that Act prior to January 1, 1975, and on the basis of
    compensation derived from service as an employee after December 31,
    1936, and prior to January 1, 1975, if such service as an employee
    had been included in the term "employment" as defined in that Act.
      (2) The amount of the annuity provided under subsections (a) and
    (b) of this section to an individual who (A) will not have met the
    conditions set forth in subclause (i), (ii), or (iii) of clause (A)
    of subdivision (1) of this subsection, but (B) will have (i)
    completed ten years of service prior to January 1, 1975, and (ii)
    been permanently insured under the Social Security Act [42 U.S.C.
    301 et seq.] as of December 31 of the calendar year prior to 1975
    in which he last rendered service as an employee to an employer, or
    as an employee representative, shall be increased by an amount
    equal to the amount by which (C) the sum of (i) the primary
    insurance amount to which such individual would have been entitled,
    upon the attainment of age 65 (or, if later, for January 1975),
    under the provisions of the Social Security Act as in effect on
    December 31, 1974, if his service as an employee after December 31,
    1936, and prior to January 1, 1975, were included in the term
    "employment" as defined in that Act and if he had no wages or self-
    employment income under that Act other than wages derived from
    such service as an employee, and (ii) the primary insurance amount
    to which such individual would have been entitled, upon the
    attainment of age 65 (or, if later, for January 1975), under the
    provisions of the Social Security Act as in effect on December 31,
    1974, on the basis of his wages and self-employment income derived
    from employment and self-employment under that Act as of December
    31 of the calendar year prior to 1975 in which he last performed
    service as an employee under this subchapter, exceeds (D) the
    primary insurance amount to which such individual would have been
    entitled, upon the attainment of age 65 (or, if later, for January
    1975), under the provisions of the Social Security Act as in effect
    on December 31, 1974, on the basis of his wages and self-employment
    income derived from employment and self-employment under that Act
    as of December 31 of the calendar year prior to 1975 in which he
    last performed service as an employee under this subchapter and on
    the basis of compensation derived from service as an employee after
    December 31, 1936, and prior to January 1, 1975, if such service as
    an employee had been included in the term "employment" as defined
    in that Act.
      (3) The amount of the annuity provided under subsections (a) and
    (b) of this section of an individual who (A) will have (i) rendered
    service as an employee to an employer, or as an employee
    representative, during the calendar year 1974, or (ii) had a
    current connection with the railroad industry on December 31, 1974,
    or at the time his annuity under section 231a(a)(1) of this title
    began to accrue, or (iii) completed twenty-five years of service
    prior to January 1, 1975, and (B) will have completed ten years of
    service prior to January 1, 1975, and is the wife, husband, widow,
    or widower of a person who will have been permanently insured under
    the Social Security Act [42 U.S.C. 301 et seq.] on December 31,
    1974, shall be increased by an amount equal to the smaller of (C)
    the wife's, husband's, widow's, or widower's insurance benefit to
    which such individual would have been entitled, upon attaining age
    65 (or, if later, for January 1975), under the provisions of the
    Social Security Act as in effect on December 31, 1974, on the basis
    of such person's wages and self-employment income derived from
    employment and self-employment under that Act prior to January 1,
    1975, or (D) the primary insurance amount to which such individual
    would have been entitled upon attaining age 65 (or, if later, for
    January 1975), under the provisions of the Social Security Act as
    in effect on December 31, 1974, on the basis of such individual's
    wages and self-employment income derived from employment and self-
    employment under that Act prior to January 1, 1975, and on the
    basis of compensation derived from service as an employee after
    December 31, 1936, and prior to January 1, 1975, if such service as
    an employee had been included in the term "employment" as defined
    in that Act.
      (4) The amount of the annuity provided under subsections (a) and
    (b) of this section of an individual who (A) will not have met the
    conditions set forth in subclause (i), (ii), or (iii) of clause (A)
    of subdivision (3) of this subsection, but (B) will have completed
    ten years of service prior to January 1, 1975, and is the wife,
    husband, widow, or widower of a person who will have been
    permanently insured under the Social Security Act [42 U.S.C. 301 et
    seq.] as of December 31 of the calendar year prior to 1975 in which
    such individual last rendered service as an employee to an
    employer, or as an employee representative, shall be increased by
    an amount equal to the smaller of (C) the wife's, husband's,
    widow's, or widower's insurance benefit to which such individual
    would have been entitled, upon attaining age 65 (or, if later, for
    January 1975), under the provisions of the Social Security Act as
    in effect on December 31, 1974, on the basis of such person's wages
    and self-employment income derived from employment and self-
    employment under that Act as of December 31 of the calendar year
    prior to 1975 in which such individual last performed service as an
    employee under this subchapter or (D) the primary insurance amount
    to which such individual would have been entitled upon attaining
    age 65 (or, if later, for January 1975), under the provisions of
    the Social Security Act as in effect on December 31, 1974, on the
    basis of such individual's wages and self-employment income derived
    from employment and self-employment under that Act as of December
    31 of the calendar year prior to 1975 in which such individual last
    performed service as an employee under this subchapter and on the
    basis of compensation derived from service as an employee after
    December 31, 1936, and prior to January 1, 1975, if such service as
    an employee had been included in the term "employment" as defined
    in that Act.
      (5) The amount computed under subdivision (1), (2), (3), or (4)
    of this subsection shall be increased by the same percentage, or
    percentages, as benefits under the Social Security Act [42 U.S.C.
    301 et seq.] are increased, or would have been increased had there
    been no general benefit increases under the Social Security Act,
    pursuant to the automatic cost-of-living provisions of section
    215(i) of that Act [42 U.S.C. 415(i)] during the period from
    January 1, 1975, to the earlier of the date on which the
    individual's annuity under section 231a(a)(1) of this title began
    to accrue or January 1, 1982.
      (6) No amount shall be payable to an individual under subdivision
    (3) or (4) of this subsection unless the entitlement of such
    individual to such amount had been determined prior to August 13,
    1981.
    (i) Years of service
      (1) The "years of service" of an individual shall include all his
    service subsequent to December 31, 1936.
      (2) The "years of service" of an individual shall also include
    his voluntary or involuntary military service, within or without
    the United States, during any war service period: Provided,
    however, That such military service shall be included only if,
    prior to the beginning of his military service and in the same
    calendar year in which such military service began, or in the next
    preceding calendar year, the individual rendered service for
    compensation to an employer or to a person service to which is
    otherwise creditable under this subchapter, or lost time as an
    employee for which he received remuneration, or was serving as an
    employee representative: Provided further, That such military
    service shall be included only subject to and in accordance with
    the provisions of subdivisions (1) and (3) of this subsection in
    the same manner as though military service were service rendered as
    an employee: And provided further, That such military service
    rendered after December 1956 shall not be included with respect to
    any month if (A) any benefits are payable for that month under the
    Social Security Act [42 U.S.C. 301 et seq.] on the basis of such
    individual's wages and self-employment income, (B) such military
    service was included in the computation of such benefits, and (C)
    the inclusion of such military service in the computation of such
    benefits resulted (for that month) in benefits not otherwise
    payable or in an increase in the benefits otherwise payable: And
    provided further, That an individual who entered military service
    prior to a war service period shall not be regarded as having been
    in military service in a war service period with respect to any
    part of the period for which he entered such military service.
      (3) The "years of service" of an individual who was an employee
    on August 29, 1935, shall, if the total number of his "years of
    service" as determined under subdivisions (1) and (2) is less than
    thirty, also include his service prior to January 1, 1937, but not
    so as to make his total years of service exceed thirty: Provided,
    however, That with respect to any such individual who rendered
    service to any employer subsequent to December 31, 1936, and who on
    August 29, 1935, was not an employee of an employer conducting the
    principal part of its business in the United States, no greater
    proportion of his service rendered prior to January 1, 1937, shall
    be included in his "years of service" than the proportion which his
    total compensation (without regard to any limitation on the amount
    of compensation otherwise provided in this subchapter) for service
    subsequent to December 31, 1936, rendered anywhere to an employer
    conducting the principal part of its business in the United States
    or rendered in the United States to any other employer bears to his
    total compensation (without regard to any limitation on the amount
    of compensation otherwise provided in this subchapter) for service
    rendered anywhere to an employer subsequent to December 31, 1936.
    Where the "years of service" include only part of the service prior
    to January 1, 1937, the part included shall be taken in reverse
    order beginning with the last calendar month of such service.
      (4) Where for any calendar year after 1984 an individual has
    performed service for compensation in less than twelve months of
    the calendar year but has received compensation in excess of an
    amount determined by multiplying the number of months in the year
    in which such individual performed service for compensation by an
    amount equal to one-twelfth of the current maximum annual taxable
    "wages" as defined in section 3121 of the Internal Revenue Code of
    1986 [26 U.S.C. 3121], the individual shall be deemed to have
    rendered service for compensation in that number of months in the
    calendar year, but not to exceed twelve, which is equal to the
    quotient of the amount of such individual's compensation for the
    calendar year divided by an amount equal to one-twelfth of the
    current maximum annual taxable "wages" as defined in section 3121
    of the Internal Revenue Code of 1986, with any remainder produced
    by this computation increasing the quotient by one, but an
    individual shall not be deemed under this subdivision to have
    rendered service for compensation in any month in which such
    individual was neither in an employment relation to one or more
    employers nor an employee representative.
    (j) Average monthly compensation
      The "average monthly compensation" shall be computed in the
    manner specified in subsection (b) of this section, except (1) that
    with respect to service prior to January 1, 1937, the monthly
    compensation shall be the average compensation paid to an employee
    with respect to calendar months included in his years of service in
    the years 1924-1931, and (2) the amount of compensation paid or
    attributable as paid to him with respect to each month of service
    before September 1941 as a station employee whose duties consisted
    of or included the carrying of passengers' hand baggage and
    otherwise assisting passengers at passenger stations and whose
    remuneration for service to the employer was, in whole or in
    substantial part, in the forms of tips, shall be the monthly
    average of the compensation paid to him as a station employee in
    his months of service in the period September 1940 through August
    1941: Provided, however, That where service in the period 1924
    through 1931 in the one case, or in the period September 1940
    through August 1941 in the other case, is, in the judgment of the
    Board, insufficient to constitute a fair and equitable basis for
    determing (!1) the amount of compensation paid or attributable as
    paid to him in each month of service before 1937, or September
    1941, respectively, the Board shall determine the amount of such
    compensation for each such month in such manner as in its judgment
    shall be fair and equitable. In computing the monthly compensation,
    no part of any month's compensation in excess of $300 for any month
    before July 1, 1954, or in excess of $350 for any month after June
    30, 1954, and before June 1, 1959, or in excess of $400 for any
    month after May 31, 1959, and before November 1, 1963, or in excess
    of $450 for any month after October 31, 1963, and before October 1,
    1965, or in excess of (i) $450, or (ii) an amount equal to one-
    twelfth of the current maximum annual taxable "wages" as defined
    in section 3121 of the Internal Revenue Code of 1986 [26 U.S.C.
    3121], whichever is greater, for any month after September 30,
    1965, shall be recognized. If for any calendar year after 1984 an
    employee has received compensation of less than one-twelfth of the
    current maximum annual taxable "wages" as defined in section 3121
    of the Internal Revenue Code of 1986 in one or more months of the
    calendar year, the total compensation paid such employee in the
    calendar year (without regard to the limitation on the amount of
    compensation provided in the preceding sentence) shall be deemed to
    have been paid in equal proportions with respect to all months in
    the year in which the employee will have been in the service of one
    or more employers for compensation or will have performed service
    for compensation as an employee representative, but this sentence
    shall not operate to increase the employee's compensation for any
    month above an amount equal to one-twelfth of the current maximum
    annual taxable "wages" as defined in section 3121 of the Internal
    Revenue Code of 1986. If the employee earned compensation in
    service after June 30, 1937, and after the last day of the calendar
    year in which he attained age sixty-five, such compensation and
    service shall be disregarded in computing the average monthly
    compensation if the result of taking such compensation into account
    in such computation would be to diminish his annuity. Where an
    employee claims credit for months of service rendered within two
    years prior to his retirement from the service of an employer, with
    respect to which the employer's return pursuant to section 231h of
    this title has not been entered on the records of the Board before
    the employee's annuity could otherwise be certified for payment,
    the Board may, in its discretion (subject to subsequent adjustment
    at the request of the employee) include such months in the
    computation of the annuity without further verification and may
    consider the compensation for such months to be the average of the
    compensation for months in the last period for which the employer
    has filed a return of the compensation of such employee and such
    return has been entered on the records of the Board.

    (k) Employee representatives
      The annuity of an individual who shall have been an employee
    representative shall be determined in the same manner and with the
    same effect as if the employee organization by which he shall have
    been employed were an employer.
    (l) Reductions for increased annuities
      (1) Except as provided in subdivision (2) of this subsection, if
    an annuity awarded under section 231a(a)(1)(iii) of this title or
    under section 231a(c)(2) of this title is increased or decreased
    either by a change in the law or by a recomputation, the reduction
    on account of age in the amount of such increase or decrease shall
    be computed as though such increased or decreased annuity amount
    had been in effect for and after the month in which the annuitant
    first became entitled to such annuity under section 231a(a)(1)(iii)
    or section 231a(c)(2) of this title.
      (2) The reduction required under section 231a(a)(1)(iii) or
    section 231a(c)(2) of this title may be applied separately to each
    of the annuity amounts computed under subsections (a), (b), and (h)
    of this section and subsections (a), (b), and (e) of section 231c
    of this title. For this purpose, in any case in which an annuity
    amount was computed for an individual under the provisions of this
    subchapter or of Public Law 93-445 prior to October 1, 1981, an
    annuity amount computed under subsections (a), (b), (c), (d) and
    (h) of this section, subsection (a), (b), or (e) of section 231c of
    this title, and section 204 or section 206 of Public Law 93-445
    shall be reduced by its proportionate share of the reduction on
    account of age. For purposes of the preceding sentence, annuity
    amounts computed for an individual under subsections (b), (c), and
    (d) of this section prior to October 1981 shall be considered as
    one annuity amount.
    (m) Reductions due to monthly social security payments
      The annuity of any individual under subsection (a) of this
    section for any month shall, after any reduction pursuant to
    paragraph (iii) of section 231a(a)(1) of this title, be reduced,
    but not below zero, by the amount of any monthly benefit (before
    any deductions on account of work) payable to that individual for
    that month under title II of the Social Security Act [42 U.S.C. 401
    et seq.].

-SOURCE-
    (Aug. 29, 1935, ch. 812, Sec. 3, as restated June 24, 1937, ch.
    382, pt. I, 50 Stat. 307, as restated Pub. L. 93-445, title I, Sec.
    101, Oct. 16, 1974, 88 Stat. 1319; amended Pub. L. 95-216, title
    III, Sec. 358(a), Dec. 20, 1977, 91 Stat. 1556; Pub. L. 96-582,
    Sec. 1, Dec. 23, 1980, 94 Stat. 3374; Pub. L. 97-35, title XI, Sec.
    1118, Aug. 13, 1981, 95 Stat. 630; Pub. L. 98-76, title I, Sec.
    101(a), 102(a), 107(a), (b), title IV, Secs. 404(1), (2), 405(a),
    Aug. 12, 1983, 97 Stat. 411, 413, 418, 434, 435; Pub. L. 99-514,
    Sec. 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 107-90, title I,
    Secs. 102(a), (c), 103(b), 104(a)(1), (2)(A), Dec. 21, 2001, 115
    Stat. 879, 880, 882.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Social Security Act, referred to in subsecs. (a)(1), (f),
    (g), (h)(1) to (5), (i)(2), and (m), is act Aug. 14, 1935, ch. 531,
    49 Stat. 620, as amended, which is classified generally to chapter
    7 (Sec. 301 et seq.) of Title 42, The Public Health and Welfare.
    Title II of the Act is classified generally to subchapter II (Sec.
    401 et seq.) of chapter 7 of Title 42. For complete classification
    of this Act to the Code, see section 1305 of Title 42 and Tables.
      The Railroad Retirement Act of 1937, referred to in subsec.
    (f)(2), is act Aug. 29, 1935, ch. 812, 49 Stat. 867, as amended
    generally by act June 24, 1937, ch. 382, part I, 50 Stat. 307,
    which is classified principally to subchapter III (Sec. 228a et
    seq.) of this chapter. The Railroad Retirement Act of 1937 was
    amended generally and redesignated the Railroad Retirement Act of
    1974 by Pub. L. 93-445, title I, Oct. 16, 1974, 88 Stat. 1305. The
    Railroad Retirement Act of 1974 is classified generally to this
    subchapter. For complete classification of these Acts to the Code,
    see Tables.
      Section 3 of the Railroad Retirement Act of 1937, referred to in
    subsec. (f)(2), which was classified to section 228c of this title,
    has been omitted from the Code.
      Sections 204 and 206 of Public Law 93-445 (approved Oct. 16,
    1974, 88 Stat. 1352, 1354), referred to in subsec. (l)(2), are set
    out as part of the Transitional Provisions note under section 231
    of this title.


-MISC1-
                                AMENDMENTS                            
      2001 - Subsec. (a)(2). Pub. L. 107-90, Sec. 102(a), inserted
    after par. designation "For purposes of this subsection,
    individuals entitled to an annuity under section 231a(a)(1)(ii) of
    this title shall, except for the purposes of recomputations in
    accordance with section 215(f) of the Social Security Act, be
    deemed to have attained retirement age (as defined by section
    216(l) of the Social Security Act)."
      Subsec. (a)(3). Pub. L. 107-90, Sec. 103(b), added par. (3).
      Pub. L. 107-90, Sec. 102(c), struck out par. (3) which read as
    follows: "In lieu of an annuity amount provided under subdivision
    (1), the annuity of an individual entitled to an annuity under
    paragraph (ii) of section 231a(a)(1) of this title which begins to
    accrue before the individual attains age 62 shall be in an amount
    equal to - 
        "(i) for each month prior to the first month throughout which
      the individual is age 62, the amount (after any reduction on
      account of age but before any deductions on account of work) of
      the old-age insurance benefit to which such individual would have
      been entitled under the Social Security Act as of the date on
      which such individual's annuity begins to accrue if such
      individual had attained age 62 on the first day of the month in
      which his or her annuity begins to accrue and if all of such
      individual's service as an employee after December 31, 1936, had
      been included in the term 'employment' as defined in that Act,
      using for purposes of this computation the number of benefit
      computation years applicable to a person born in the year in
      which such individual was born; and
        "(ii) for months beginning with the first month throughout
      which the individual is age 62, the amount (after any reduction
      on account of age but before any deductions on account of work)
      of the old-age insurance benefit to which such individual would
      have been entitled under the Social Security Act if all of such
      individual's service as an employee after December 31, 1936, had
      been included in the term 'employment' as defined in that Act."
      Subsec. (f). Pub. L. 107-90, Sec. 104(a)(1), (2)(A), redesignated
    pars. (2) and (3) as (1) and (2), respectively, struck out ",
    without regard to the provisions of subdivision (1) of this
    subsection," before "proportionately so as to equal" in first
    sentence of par. (1), and struck out former par. (1) which read as
    follows: "If the total amount of an individual's annuity and
    supplemental annuity computed under the preceding subsections of
    this section would, before any reductions on account of age, before
    any reduction due to such individual's entitlement to a monthly
    insurance benefit under the Social Security Act, and disregarding
    any increases in such total amount which become effective after the
    date on which such individual's annuity under section 231a(a)(1) of
    this title begins to accrue, exceed an amount equal to the sum of
    (A) 100 per centum of his 'final average monthly compensation' up
    to an amount equal to 50 per centum of one-twelfth of the maximum
    annual taxable 'wages' (as defined in section 3121 of the Internal
    Revenue Code of 1986) for the calendar year in which such
    individual's annuity under section 231a(a)(1) of this title begins
    to accrue, plus (B) 80 per centum of so much of his 'final average
    monthly compensation' as exceeds 50 per centum of one-twelfth of
    the maximum annual taxable 'wages' (as defined in section 3121 of
    the Internal Revenue Code of 1986) for the calendar year in which
    such individual's annuity under section 231a(a)(1) of this title
    begins to accrue, the supplemental annuity of such individual
    first, and then, if necessary, the annuity amount of such
    individual as computed under subsection (b) of this section, shall
    be reduced until such total amount of such individual's annuity and
    supplemental annuity equals such sum or until such supplemental
    annuity and such annuity amount computed under subsection (b) of
    this section are reduced to zero, whichever occurs first: Provided,
    however, That the provisions of this subdivision shall not operate
    to reduce the total amount of an individual's annuity and
    supplemental annuity computed under the preceding subsections of
    this section below $1,200. For purposes of this subdivision, the
    'final average monthly compensation' of an individual shall except
    as provided in the following sentence be determined by dividing the
    total compensation received by such individual in the two calendar
    years, consecutive or otherwise, in which he was credited with the
    highest total compensation during the ten-year period ending with
    December 31 of the year in which such individual's annuity under
    section 231a(a)(1) of this title begins to accrue by 24. If the
    individual's 'average monthly compensation' is determined under
    subdivision (2) of subsection (b) of this section, the 'final
    average monthly compensation' for such individual shall be the
    average of the compensation for the 24 months in which the
    compensation determined for the purpose of subdivision (2) of
    subsection (b) of this section is the highest. For purposes of this
    subdivision, the term 'compensation' shall include 'compensation'
    as defined in section 231(h) of this title, 'wages' as defined in
    section 209 of the Social Security Act, 'self-employment income' as
    defined in section 211(b) of the Social Security Act, and wages
    deemed to have been paid under section 217 or 229 of the Social
    Security Act on account of military service: Provided, however,
    That in no case shall the compensation with respect to any calendar
    month exceed the limitation on the compensation for such month
    prescribed in subsection (j) of this section. Wages and self-
    employment income included as compensation for purposes of this
    subdivision shall, in the absence of evidence to the contrary, be
    presumed to have been paid in equal proportions with respect to all
    months in the calendar quarter in which credited, in the case of
    wages paid before 1978, or in equal proportions with respect to all
    months in the calendar year in which credited, in the case of self-
    employment income and in the case of wages paid after 1977."
      1986 - Subsecs. (f)(1), (2), (i)(4), (j). Pub. L. 99-514
    substituted "Internal Revenue Code of 1986" for "Internal Revenue
    Code of 1954" wherever appearing.
      1983 - Subsec. (a)(2). Pub. L. 98-76, Sec. 101(a)(1), amended
    par. (2) generally, substituting provisions that for purposes of
    this subsection, individuals entitled to an annuity under section
    231a(a)(1)(iv) or (v) of this title shall be deemed to be entitled
    to a disability insurance benefit under section 223 of the Social
    Security Act, for provisions that for purposes of this subsection,
    individuals entitled to an annuity under paragraph (ii) of section
    231a(a)(1) of this title would except for purposes of
    recomputations in accordance with the provisions of section 215(f)
    of the Social Security Act, be deemed to have attained age 65, and
    individuals entitled to an annuity under paragraph (iv) or (v) of
    such section 231a(a)(1) of this title would be deemed to be
    entitled to a disability insurance benefit under section 223 of the
    Social Security Act.
      Subsec. (a)(3). Pub. L. 98-76, Sec. 101(a)(2), added par. (3).
      Subsec. (f)(1). Pub. L. 98-76, Sec. 404(1), inserted "except as
    provided in the following sentence" in sentence relating to the
    determination of the "final average monthly compensation" of an
    individual.
      Pub. L. 98-76, Sec. 404(2), inserted "If the individual's
    'average monthly compensation' is determined under subdivision (2)
    of subsection (b) of this section, the 'final average monthly
    compensation' for such individual shall be the average of the
    compensation for the 24 months in which the compensation determined
    for the purpose of subdivision (2) of subsection (b) of this
    section is the highest."
      Subsec. (f)(3). Pub. L. 98-76, Sec. 405(a), in first sentence,
    inserted "and divorced wife" after "of the spouse", and substituted
    "the annuities of the individual and spouse" for "such annuity or
    annuities".
      Subsec. (g). Pub. L. 98-76, Sec. 102(a), amended subsec. (g)
    generally. Prior to amendment, subsec. (g) read as follows:
    "Effective with the month of June for any year after 1981, that
    portion of the annuity of an individual which is computed under
    subsection (b) of this section shall, if such individual's annuity
    under section 231a(a)(1) of this title began to accrue on or before
    June 1 of such year, be increased by 32.5 per centum of the
    percentage increase, if any (rounded to the nearest one-tenth of 1
    per centum), obtained by comparing (A) the unadjusted Consumer
    Price Index for the calendar quarter ending March 31 of such year
    with (B) the higher of (i) such index for the calendar quarter
    ending March 31 of the year immediately preceding such year or (ii)
    such index for the calendar quarter ending March 31 of any
    preceding year after 1980. The unadjusted Consumer Price Index for
    any calendar quarter shall be the arithmetical mean of such index
    for the three months in such quarter."
      Subsec. (i)(4). Pub. L. 98-76, Sec. 107(a), added par. (4).
      Subsec. (j). Pub. L. 98-76, Sec. 107(b), inserted provision that
    if for any calendar year after 1984 an employee has received
    compensation of less than one-twelfth of the current maximum annual
    taxable "wages" as defined in section 3121 of the Internal Revenue
    Code of 1954 in one or more months of the calendar year, the total
    compensation paid such employee in the calendar year (without
    regard to the limitation on the amount of compensation provided in
    the preceding sentence) shall be deemed to have been paid in equal
    proportions with respect to all months in the year in which the
    employee will have been in the service of one or more employers for
    compensation or will have performed service for compensation as an
    employee representative, but this sentence shall not operate to
    increase the employee's compensation for any month above an amount
    equal to one-twelfth of the current maximum annual taxable "wages"
    as defined in section 3121 of the Internal Revenue Code of 1954.
      1981 - Subsec. (b). Pub. L. 97-35, Sec. 1118(a), substituted new
    criteria for computation of increase in annuity of an individual
    provided under subsec. (a) of this section.
      Subsec. (c). Pub. L. 97-35, Sec. 1118(b), repealed subsec. (c)
    which provided for amount of increase of annuity of an individual
    entitled to an annuity under section 231a(a)(1) of this title and
    who rendered service as an employee to an employer, or as an
    employee representative subsequent to Dec. 31, 1974.
      Subsec. (d). Pub. L. 97-35, Sec. 1118(b), repealed subsec. (d)
    which prescribed a formula for increase in amount of annuity of an
    individual provided for in other provisions of this section.
      Subsec. (f)(1). Pub. L. 97-35, Sec. 1118(c)(2), substituted "such
    individual's annuity under section 231a(a)(1) of this title begins
    to accrue, exceed an amount equal to the sum of (A)" for "such
    begins to accrue, exceed an amount equal to the sum of individual's
    annuity under section 231a(a)(1) of this title (A)".
      Pub. L. 97-35, Sec. 1118(c)(1), substituted "subsection (b) of
    this section" for "subsections (b), (c), and (d) of this section"
    in two places.
      Subsec. (g). Pub. L. 97-35, Sec. 1118(d), substituted new formula
    for increase of portion of annuity of an individual computed under
    subsec. (b) of this section for formula for increase of portions of
    annuity of an individual computed under subsecs. (b) and (d) of
    this section, and revised effective dates for such increases.
      Subsec. (h)(1) to (4). Pub. L. 97-35, Sec. 1118(e)(1),
    substituted "subsections (a) and (b) of this section" for
    "subsections (a) through (d) of this section" in subdivs. (1) to
    (4).
      Subsec. (h)(5). Pub. L. 97-35, Sec. 1118(e)(2), substituted
    "January 1, 1975, to the earlier of the date on which the
    individual's annuity under section 231a(a)(1) of this title began
    to accrue or January 1, 1982" for "January 1, 1975, to the date on
    which the individual's annuity under section 231a(a)(1) of this
    title began to accrue".
      Subsec. (h)(6). Pub. L. 97-35, Sec. 1118(e)(3), added subdiv.
    (6).
      Subsec. (j). Pub. L. 97-35, Sec. 1118(f), substituted definition
    of average monthly compensation by reference to computation in
    manner specified in subsec. (b) of this section, for definition by
    reference to average compensation paid to an employee with respect
    to calendar months included in his years of service, and struck out
    provision rounding to next lower multiple of $1 if average monthly
    compensation is not a multiple of $1.
      Subsec. (l). Pub. L. 97-35, Sec. 1118(g), designated existing
    provisions as subdiv. (1), substituted provisions that except as
    provided in subdiv. (2) of this subsection, if an annuity awarded
    under section 231a(a)(1)(iii) or under section 231a(c)(2) of this
    title is increased or decreased either by a change in law or by a
    recomputation, the reduction on account of age in the amount of
    such increase or decrease shall be computed as though such
    increased or decreased annuity amount had been in effect for and
    after month in which annuitant first became entitled to such
    annuity under section 231a(a)(1)(iii) or section 231a(c)(2) of this
    title, for provisions that in cases where an annuity awarded under
    section 231a(a)(1)(iii) or under section 231a(c)(2) of this title
    is increased either by a change in law or by a recomputation, the
    reduction for the increase in the annuity shall be determined
    separately and period with respect to which the reduction applies
    shall be determined as if such increase were a separate annuity
    payable for and after first month for which such increase is
    effective, and added subdiv. (2).
      Subsec. (m). Pub. L. 97-35, Sec. 1118(h)(2), inserted "(before
    any deductions on account of work)" after "monthly benefit".
      Pub. L. 97-35, Sec. 1118(h)(1), substituted "shall, after any
    reduction pursuant to paragraph (iii) of section 231a(a)(1) of this
    title, be reduced" for "shall be reduced".
      1980 - Subsec. (g). Pub. L. 96-582 designated existing provisions
    as subdiv. (1) and added subdiv. (2).
      1977 - Subsec. (f)(1). Pub. L. 95-216 substituted "Wages and self-
    employment income included as compensation for purposes of this
    subdivision shall, in the absence of evidence to the contrary, be
    presumed to have been paid in equal proportions with respect to all
    months in the calendar quarter in which credited, in the case of
    wages paid before 1978, or in equal proportions with respect to all
    months in the calendar year in which credited, in the case of self-
    employment income and in the case of wages paid after 1977" for
    "Wages and self-employment income included as compensation for
    purposes of this subdivision shall, in the absence of evidence to
    the contrary, be presumed to have been paid in equal proportions
    with respect to all months in the calendar quarter in which
    credited in the case of wages, or in equal proportions with respect
    to all months in the calendar year in which credited, in the case
    of self-employment income".

                     EFFECTIVE DATE OF 2001 AMENDMENT                 
      Amendment by section 102 of Pub. L. 107-90 applicable to
    annuities that begin to accrue on or after Jan. 1, 2002, with
    exception for amount of the annuity provided for a spouse under
    section 231c(a) of this title, see section 102(d) of Pub. L. 107-
    90, set out as a note under section 231c of this title.
      Amendment by section 103(b) of Pub. L. 107-90 effective Jan. 1,
    2002, see section 103(j) of Pub. L. 107-90, set out as a note under
    section 405 of Title 42, The Public Health and Welfare.
      Pub. L. 107-90, title I, Sec. 104(c), Dec. 21, 2001, 115 Stat.
    882, provided that: "The amendments made by this section [amending
    this section and sections 231c and 231f of this title] shall take
    effect on January 1, 2002, and shall apply to annuity amounts
    accruing for months after December 2001."

                     EFFECTIVE DATE OF 1983 AMENDMENT                 
      Section 101(c) of Pub. L. 98-76 provided that: "The amendments
    made by this section [amending sections 231b and 231c of this
    title] shall become effective on July 1, 1984, and shall apply only
    with respect to awards in cases where the individual's annuity
    under section 2(a)(1) of the Railroad Retirement Act of 1974 [45
    U.S.C. 231a(a)(1)] began to accrue on or after that date and the
    individual had not completed thirty years of service and attained
    age 60 prior to that date. In the case of an individual who has
    completed thirty years of service and has attained age 60 before
    January 1, 1986, the amount of the reduction on account of age in
    the annuity amount provided to such individual under section
    3(a)(3) of the Railroad Retirement Act of 1974 [subsec. (a)(3) of
    this section] and the amount of the reduction on account of age in
    the annuity amount provided to the spouse of such individual under
    subdivision (3) of section 4(a) of the Railroad Retirement Act of
    1974 [45 U.S.C. 231c(a)(3)] shall be only one-half of the amount by
    which such annuity would be reduced on account of age except for
    the provisions of this sentence."
      Section 102(d) of Pub. L. 98-76 provided that: "The amendments
    made by this section [amending sections 231b and 231c of this
    title] shall be effective on the date of the enactment of this Act
    [Aug. 12, 1983]. For purposes of the amendments made by subsection
    (a) of this section [amending this section], annuity portions
    computed under subsections (b) and (d) of section 3 of the Railroad
    Retirement Act of 1974 [subsecs. (b) and (d) of this section] as in
    effect before October 1, 1981, shall be treated as having been
    computed under subsection (b) of such section as in effect after
    that date."
      Section 107(c) of Pub. L. 98-76 provided that: "The amendments
    made by this section [amending this section] shall become effective
    on January 1, 1985."
      Section 404(c) of Pub. L. 98-76 provided that: "The amendments
    made by this section [amending this section] shall be effective
    October 1, 1983, and shall apply with respect to annuities awarded
    on or after that date."
      Section 405(b) of Pub. L. 98-76 provided that: "The amendments
    made by this section [amending this section] shall be effective
    October 1, 1981."

                     EFFECTIVE DATE OF 1981 AMENDMENT                 
      Amendment by section 1118(a), (d) of Pub. L. 97-35 effective on
    the later of Oct. 1, 1981, and the date, after July 1, 1981, on
    which there is an increase in the rate of any tax imposed under
    chapter 22 of Title 26, Internal Revenue Code, and applicable only
    with respect to annuities awarded on or after such date, amendment
    by section 1118(b), (g) of Pub. L. 97-35 effective Oct. 1, 1981,
    amendment by section 1118(c)(2) of Pub. L. 97-35 effective Jan. 1,
    1975, amendment by section 1118(e)(3) of Pub. L. 97-35 effective
    Aug. 31, 1981, amendment by section 1118(h)(2) of Pub. L. 97-35
    effective Jan. 1, 1982, and amendment by other provisions of
    section 1118 of Pub. L. 97-35 effective Oct. 1, 1981 and applicable
    only with respect to annuities awarded on or after Oct. 1, 1981,
    see section 1129 of Pub. L. 97-35, set out as a note under section
    231 of this title.

                     EFFECTIVE DATE OF 1980 AMENDMENT                 
      Section 3 of Pub. L. 96-582 provided that: "The provisions of
    this Act [amending this section] shall take effect on the date of
    the enactment of this Act [Dec. 23, 1980]."

                     EFFECTIVE DATE OF 1977 AMENDMENT                 
      Section 358(b) of Pub. L. 95-216 provided that: "The amendments
    made by this section [amending this section] shall be effective
    January 1, 1978."

-FOOTNOTE-
    (!1) So in original. Probably should be "determining".


-End-



-CITE-
    45 USC Sec. 231c                                            01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 9 - RETIREMENT OF RAILROAD EMPLOYEES
    SUBCHAPTER IV - RAILROAD RETIREMENT ACT OF 1974

-HEAD-
    Sec. 231c. Computation of spouse and survivor annuities

-STATUTE-
    (a) Amount of spouses' annuities; age
      (1) The annuity of a spouse or divorced wife of an individual
    under section 231a(c) of this title shall be in an amount equal to
    the amount (before any reduction on account of age and before any
    deductions on account of work) of the wife's insurance benefit or
    the husband's insurance benefit to which such spouse or divorced
    wife would have been entitled under the Social Security Act [42
    U.S.C. 301 et seq.] if such individual's service as an employee
    after December 31, 1936, had been included in the term "employment"
    as defined in that Act.
      (2) For purposes of this subsection, a spouse entitled to an
    annuity under section 231a(c)(1)(ii)(B) of this title shall be
    deemed to have attained retirement age (as defined in section
    216(l) of the Social Security Act [42 U.S.C. 416(l)] (!1).

      (3) If a spouse entitled to an annuity under section
    231a(c)(1)(ii)(A), section 231a(c)(1)(ii)(C), or section 231a(c)(2)
    of this title or a divorced spouse entitled to an annuity under
    section 231a(c)(4) of this title on the basis of the employment
    record of an employee who will have completed less than 10 years of
    service is entitled to a benefit under section 202(a), section
    202(b), or section 202(c) of the Social Security Act [42 U.S.C.
    402(a), (b), (c)] which began to accrue before the annuity under
    section 231a(c)(1)(ii)(A), section 231a(c)(1)(ii)(C), section
    231a(c)(2), or section 231a(c)(4) of this title, the annuity amount
    provided under this subsection shall be computed as though the
    annuity under this subchapter began to accrue on the later of (A)
    the date on which the benefit under section 202(a), section 202(b),
    or section 202(c) of the Social Security Act began or (B) the first
    date on which the annuitant met the conditions for entitlement to
    an age reduced annuity under this subchapter other than the
    conditions set forth in sections 231a(e)(1) and 231a(e)(2) of this
    title and the requirement that an application be filed.
    (b) Increases in spouses' annuities in accordance with section
      231b(b), (c), (d) of this title
      The amount of the annuity of a spouse of an individual provided
    under subsection (a) of this section shall be increased by an
    amount equal to 45 per centum of that portion of the individual's
    annuity as is computed under subsection (b) of section 231b of this
    title: Provided, however, That if the spouse is entitled to an
    annuity amount provided by subsection (e)(1) or (e)(2) of this
    section, the amount of such spouse's annuity provided by the
    preceding provisions of this subsection shall be reduced by the
    amount by which the amount computed in accordance with the
    provisions of clause (C) of subsection (e)(1) or (e)(2) of this
    section was increased by the Social Security Amendments of 1965,
    1967, and 1969, disregarding (A) the amount of any such increase
    resulting from the Social Security Amendments of 1967 equal to, or
    less than, the excess of $5 over 5.8 per centum of the lesser of
    (i) the amount computed under clause (C) of subsection (e)(1) or
    (e)(2) of this section before any increases derived from
    legislation enacted after the Social Security Amendments of 1967 or
    (ii) the amount of the spouse's annuity to which such spouse would
    have been entitled under section 2(e) of the Railroad Retirement
    Act of 1937 [45 U.S.C. 228b(e)], without regard to section 3(a)(2)
    of that Act [45 U.S.C. 228c(a)(2)] or to increases derived from
    legislation enacted after 1968 and before any reduction on account
    of age, on the basis of the individual's compensation and years of
    service prior to January 1, 1975, and (B) the amount of any such
    increase resulting from the Social Security Amendments of 1969
    equal to, or less than, $5: Provided further, That if the spouse is
    entitled to an annuity under section 231a(a)(1) of this title, the
    amount of the annuity of such spouse under this subsection
    shall,(!2) be increased by an amount equal to the amount by which
    the amount of the annuity of such spouse provided under subsection
    (a) of this section was reduced by reason of the provisions of
    subsection (i)(2) of this section (disregarding, for this purpose,
    any increase in such reduction which becomes effective after the
    later of the date such spouse's annuity under section 231a(c) of
    this title began to accrue or the date such spouse's annuity under
    section 231a(a)(1) of this title began to accrue). The Board shall
    have the authority to approximate the amount of any reduction
    prescribed by the first proviso of this subsection.

    (c) Repealed. Pub. L. 107-90, title I, Sec. 104(b), Dec. 21, 2001,
      115 Stat. 882
    (d) Increases in spouses' annuities in accordance with section
      231b(g) of this title
      (1) That portion of the annuity of the spouse of an individual as
    is determined under subsection (b) and (c) of this section shall be
    increased by the same percentage, or percentages, as the
    individual's annuity is, or has been, increased pursuant to the
    provisions of section 231b(g)(1) of this title.
      (2) That portion of the annuity of the spouse of an individual as
    is determined under subsection (b) of this section prior to any
    determination under subsection (c) of this subsection (!3) shall,
    if the annuity of such spouse is not subject to reduction under
    subdivision (3) of this subsection, be reduced by an amount equal
    to 50 per centum of the dollar amount by which the annuity of the
    individual was reduced under section 231b(g)(2) of this title. In
    no case shall the reduction by reason of this paragraph operate to
    reduce such portion to an amount less than $10.

      (3) The first and, if necessary, the following time or times
    after January 1, 1983, that monthly insurance benefits under
    section 202 of the Social Security Act [42 U.S.C. 402] are
    increased, that portion of the annuity of the spouse of an
    individual as is determined under subsections (b), (c), and (d)(1)
    of this section shall, if such spouse's annuity under section
    231a(c) of this title began to accrue in or before the year in
    which such first increase under the Social Security Act [42 U.S.C.
    301 et seq.] became effective, be reduced by the dollar amount by
    which that portion of the annuity provided such spouse under
    subsection (a) of this section was increased, after any reduction
    under subsection (i) of this section, as a result of such increase
    or increases under the Social Security Act until the total dollar
    amount of such reduction or reductions equals 5 per centum of the
    annuity amount provided such spouse under subsection (a) of this
    section, as reduced under subsection (i) of this section, prior to
    such first increase. In no case shall the reduction by reason of
    this paragraph operate to reduce such portion to an amount less
    than $10.
    (e) Increases in particular spouses' annuities
      (1) The amount of the annuity of the spouse of an individual
    determined under subsections (a) and (b) of this section, if (A)
    such individual will have (i) rendered service as an employee to an
    employer, or as an employee representative, during the calendar
    year 1974, or (ii) had a current connection with the railroad
    industry on December 31, 1974, or at the time his annuity under
    section 231a(a)(1) of this title began to accrue, or (iii)
    completed twenty-five years of service prior to January 1, 1975,
    and (B) such individual will have completed ten years of service
    prior to January 1, 1975, and such spouse will have been
    permanently insured under the Social Security Act [42 U.S.C. 301 et
    seq.] on December 31, 1974, shall be increased by an amount equal
    to the smaller of (C) the primary insurance amount to which such
    spouse would have been entitled, upon attaining age 65, under the
    provisions of the Social Security Act as in effect on December 31,
    1974, on the basis of her or his wages and self-employment income
    derived from employment and self-employment under that Act prior to
    January 1, 1975, or (D) the wife's or husband's insurance benefit
    to which such spouse would have been entitled, upon attaining age
    65, under the provisions of the Social Security Act as in effect on
    December 31, 1974, if such individual's service as an employee
    after December 31, 1936, and prior to January 1, 1975, were
    included in the term "employment" as defined in that Act, if such
    individual had no wages or self-employment income under the Act
    other than wages derived from such service as an employee, and if
    such spouse were entitled to no other benefit under that Act:
    Provided, however, That the increase under the provisions of this
    subdivision shall not be less than 50 per centum of the portion of
    the annuity, if any, of such individual determined under the
    provisions of section 231b(h)(1) of this title prior to any
    increases under the provisions of section 231b(h)(5) of this title.
      (2) The amount of the annuity of the spouse of an individual
    determined under subsections (a) and (b) of this section, if (A)
    such individual will not have met the conditions set forth in
    subclause (i), (ii), or (iii) of clause (A) of subdivision (1) of
    this subsection, but (B) such individual will have completed ten
    years of service prior to January 1, 1975, and such spouse will
    have been permanently insured under the Social Security Act [42
    U.S.C. 301 et seq.] as of December 31 of the calendar year prior to
    1975 in which such individual last rendered service as an employee,
    shall be increased by an amount equal to the smaller of (C) the
    primary insurance amount to which such spouse would have been
    entitled, upon attaining age 65,under the provisions of the Social
    Security Act as in effect on December 31, 1974, on the basis of his
    or her wages and self-employment income derived from employment and
    self-employment under that Act as of December 31 of the calendar
    year prior to 1975 in which such individual last rendered service
    as an employee or (D) the wife's or husband's insurance benefit to
    which such spouse would have been entitled, upon attaining age 65,
    under the provisions of the Social Security Act as in effect on
    December 31, 1974, if such individual's service as an employee
    after December 31, 1936, and prior to January 1, 1975, were
    included in the term "employment" as defined in that Act, if such
    individual had no wages or self-employment income under that Act
    other than wages derived from such service as an employee, and if
    such spouse were entitled to no other benefit under that Act:
    Provided, however, That the increase under the provisions of this
    subdivision shall not be less than 50 per centum of the portion of
    the annuity, if any, of such individual determined under the
    provisions of section 231b(h)(2) of this title prior to any
    increases under the provisions of section 231b(h)(5) of this title.
      (3) The amount of the annuity of the spouse of an individual
    determined under subsections (a) and (b) of this section, if (A)
    such individual is entitled to an amount determined under the
    provisions of section 231b(h)(1) or 231b(h)(2) of this title and
    (B) such spouse is not entitled to an amount determined under the
    provisions of subdivision (1) or (2) of this subsection, shall be
    increased by an amount equal to 50 per centum of the portion of the
    annuity of such individual determined under the provisions of
    section 231b(h)(1) or 231b(h)(2) of this title prior to any
    increases under the provisions of section 231b(h)(5) of this title.
      (4) The amount determined under the provisions of subdivision
    (1), (2), or (3) of this subsection shall be increased by the same
    percentage or percentages, as wife's and husband's insurance
    benefits under section 202 of the Social Security Act [42 U.S.C.
    402] are increased, or would have been increased had there been no
    general benefit increases under the Social Security Act [42 U.S.C.
    301 et seq.], pursuant to the automatic cost-of-living provisions
    of section 215(i) of that Act [42 U.S.C. 415(i)], during the period
    from January 1, 1975, to the earlier of the date on which the
    individual's annuity under section 231a(a)(1) of this title began
    to accrue or January 1, 1982.
      (5) No amount shall be payable to a person under subdivision (1),
    (2), or (3) of this subsection unless the entitlement of such
    person to such amount had been determined prior to August 13, 1981.
    (f) Amount of survivors' annuities; age; entitlement
      (1) The annuity of a survivor of a deceased employee under
    section 231a(d) of this title shall be in an amount equal to the
    amount (before any deductions on account of work) of the widow's
    insurance benefit, widower's insurance benefit, mother's insurance
    benefit, parent's insurance benefit, or child's insurance benefit,
    whichever is applicable, to which he or she would have been
    entitled under the Social Security Act [42 U.S.C. 301 et seq.] if
    such deceased employee's service as an employee after December 31,
    1936, had been included in the term "employment" as defined in that
    Act. In the case of a widow or widower who is entitled to an
    annuity under section 231a(d) of this title solely on the basis of
    railroad service which was performed prior to January 1, 1937, the
    amount provided under this section with respect to any month shall
    not be less than the first amount appearing in column IV of the
    table appearing in section 215(a) of the Social Security Act [42
    U.S.C. 415(a)] as in effect on December 31, 1974, after reduction
    in accordance with the provisions of section 202(k) and 202(q) of
    that Act [42 U.S.C. 402(k), (q)] in the same manner as would be
    applicable to a widow's insurance benefit or widower's insurance
    benefit payable under section 202(e) or 202(f) of that Act.
      (2) For purposes of this subsection - 
        (i) a widow or widower or a parent who is entitled to an
      annuity based on age under section 231a(d)(1) of this title and
      who has not attained age 62 shall be deemed to be age 62:
      Provided, however, That the provisions of this paragraph shall
      not apply in the case of a widow or widower who was entitled to
      an annuity under section 231a(d)(1) of this title on the basis of
      disability for the month before the month in which he or she
      attained age 60,
        (ii) a widow or widower or a child who is entitled to an
      annuity under section 231a(d)(1) of this title on the basis of
      disability shall be deemed to be entitled to a widow's insurance
      benefit, a widower's insurance benefit, or a child's insurance
      benefit under the Social Security Act [42 U.S.C. 301 et seq.] on
      the basis of disability, and
        (iii) The (!4) provisions of paragraphs (i) and (ii) of this
      subdivision shall not apply to the annuity of a widow, surviving
      divorced wife, or surviving divorced mother who is entitled to
      such annuity on the basis of the provisions of section
      231a(d)(1)(v) of this title.


      (3) The annuity amount provided to a widow or widower under last
    sentence of subdivision (1) shall be increased by the same
    percentage or percentages as insurance benefits payable under
    section 202 of the Social Security Act [42 U.S.C. 402] are
    increased after the date on which such annuity begins to accrue.
    (g) Increases in survivor's annuities in accordance with subsection
      (f)
      (1) The amount of the annuity provided under subsection (f)(1) of
    this section (other than the last sentence thereof) for a survivor
    of a deceased individual shall be increased by an amount equal to
    the appropriate one of the following percentages of that portion of
    the annuity computed under section 231b(b) of this title, before
    any reduction on account of age and without regard to any reduction
    under section 231b(g)(2) of this title, to which such deceased
    individual would have been entitled for the month such survivor's
    annuity under section 231a(d) of this title began to accrue if such
    individual were living (deeming for this purpose that if such
    individual died before becoming entitled to an annuity under
    section 231a(a)(1) of this title, such individual became entitled
    to an annuity under subdivision (i) of such section 231a(a)(1) of
    this title in the month in which such individual died):
        (i) In the case of a widow or widower, the increase shall be
      equal to 50 per centum of such portion of the deceased
      individual's annuity, but the amount of the annuity so determined
      shall be subject to reduction on account of age in the same
      manner as is applicable to the annuity amount determined for the
      widow or widower under subsection (f) of this section and shall
      be subject to increase as provided in subdivision (4) of this
      subsection.
        (ii) In the case of a parent, the increase shall be equal to 35
      per centum of such portion of the deceased individual's annuity.
        (iii) In the case of a child, the increase shall be equal to 15
      per centum of such portion of the deceased individual's annuity.

      (2) Whenever the total amount of the increases based on the
    deceased individual's portion of the annuity under section 231b(b)
    of this title as determined under subdivision (1) of this
    subsection for all survivors of a deceased employee is - 
        (i) less than an amount equal to 35 per centum of such portion
      of the deceased individual's annuity, the total increase shall,
      before any deductions under section 231a(g) of this title, be
      increased proportionately until the total increase is equal to 35
      per centum of such portion of the deceased individual's annuity;
      or
        (ii) more than an amount equal to 80 per centum of such portion
      of the deceased individual's annuity, the total increase shall,
      before any deductions under section 231a(g) of this title and
      before any reduction on account of age, be reduced
      proportionately until the total increase is equal to 80 per
      centum of such portion of the deceased individual's annuity.

      (3) An annuity determined under this subsection for a month prior
    to the month in which application is filed, shall be reduced to any
    extent that may be necessary so that it will not render erroneous
    any annuity which, before the filing of such application, the Board
    has certified for payment for such prior month.
      (4) If a widow or widower of a deceased employee is entitled to
    an annuity under section 231a(a)(1) of this title and if either
    such widow or widower or such deceased employee will have completed
    10 years of service prior to January 1, 1975, the amount of the
    annuity of such widow or widower under subdivisions (1) through (3)
    of this subsection shall be increased by an amount equal to the
    amount, if any, by which (A) the widow's or widower's insurance
    annuity to which such widow or widower would have been entitled,
    upon attaining age 65, under section 5(a) of the Railroad
    Retirement Act of 1937 [45 U.S.C. 228e(a)] as in effect on December
    31, 1974 (without regard to the proviso of that section or the
    first proviso of section 3(e) of that Act [45 U.S.C. 228c(e)] on
    the basis of the deceased employee's remuneration and service prior
    to January 1, 1975, increased by the same percentage, or
    percentages, as widow's and widower's insurance benefits under
    section 202 of the Social Security Act [42 U.S.C. 402] are
    increased during the period from January 1, 1975, to the later of
    the date on which such widow's or widower's annuity under section
    231a(a)(1) of this title began to accrue or the date on which such
    widow's or widower's annuity under section 231a(d)(1) of this title
    began to accrue, exceeds (B) the total of the annuity amounts to
    which such widow or widower was entitled (after any reductions
    pursuant to subsection (i)(2) of this section but before any
    deductions on account of work) under the preceding provisions of
    this subsection, subsection (f) of this section, and the amount
    determined under subsection (h) of this section, before the
    proviso, as of the later of the date on which such widow's or
    widower's annuity under section 231a(a)(1) of this title began to
    accrue or the date on which such widow's or widower's annuity under
    section 231a(d)(1) of this title began to accrue. If a widow or
    widower of a deceased employee is not entitled to an annuity under
    section 231a(a)(1) of this title or to an old-age insurance benefit
    or a disability insurance benefit under the Social Security Act [42
    U.S.C. 301 et seq.], the amount of the annuity to which such widow
    or widower is entitled under this subsection shall not be less than
    an amount which would cause the total of the annuity amounts to
    which such widow or widower is entitled (before any deductions on
    account of work) under this subsection and subsection (f)(1) of
    this section to equal the total of the annuity amounts to which
    such widow or widower was entitled (or would have been entitled
    except for the provisions of sections 231a(e) and 231a(f) of this
    title) as a spouse under subsections (a), (b), and (e) of this
    section (after any reduction on account of age) in the month
    preceding the employee's death. If a widow or widower of a deceased
    employee is entitled to an annuity under section 231a(a)(1) of this
    title or to an old-age insurance benefit or a disability insurance
    benefit under the Social Security Act, the amount of the annuity to
    which such widow or widower is entitled under this subsection shall
    not be less than an amount which would cause (A) the total of the
    annuity amounts to which such widow or widower is entitled (after
    any reductions pursuant to section 202(k) or 202(q) of the Social
    Security Act or subsection (i)(2) of this section but before any
    deductions on account of work) under this subsection and subsection
    (f) of this section to equal (B)(i) the total of the annuity
    amounts, if any, to which such widow or widower was entitled (or
    would have been entitled except for the provisions of sections
    231a(e) and 231a(f) of this title) as a spouse under subsections
    (a), (b), and (e) of this section (after any reduction on account
    of age) in the month preceding the employee's death less (ii), if
    such widow or widower is entitled to an old-age insurance benefit
    or a disability insurance benefit under the Social Security Act but
    was not entitled to such a benefit in the month preceding the
    employee's death, the amount by which the annuity amount payable
    under subsection (a) of this section to such widow or widower as a
    spouse in the month preceding the employee's death would have been
    reduced by reason of section 202(k) or 202(q) of the Social
    Security Act if such widow or widower had been entitled to an old-
    age insurance benefit or a disability insurance benefit under the
    Social Security Act in the month preceding the employee's death in
    an amount equal to the amount of such benefit at the time such
    benefit first began to accrue to such widow or widower.
      (5) This subsection shall not apply to the annuity of a widow,
    surviving divorced wife, or surviving divorced mother who is
    entitled to such annuity on the basis of the provisions of section
    231a(d)(1)(v) of this title.
      (6) That portion of the annuity of a survivor of an individual
    determined under subdivisions (1) and (2) of this subsection shall
    be increased whenever, and by the same percentage or percentages
    as, the annuity of the individual would have been increased
    pursuant to section 231b(g)(1) of this title if such individual
    were still living.
      (7) The first and, if necessary, the following time or times
    after January 1, 1983, that monthly insurance benefits under
    section 202 of the Social Security Act [42 U.S.C. 402] are
    increased, that portion of the annuity of a survivor of a deceased
    individual as is determined under subdivisions (1) and (2) of this
    subsection, or under this subsection as in effect before amendment
    by section 1119(g) of Public Law 97-35, shall, if such survivor's
    annuity under section 231a(d) of this title began to accrue before
    the effective date of such first increase under the Social Security
    Act [42 U.S.C. 301 et seq.], be reduced by the dollar amount by
    which that portion of the annuity provided such survivor under
    subsection (f) of this section was increased, after any reduction
    under subsection (i) of this section, as a result of such increase
    or increases under the Social Security Act until the total dollar
    amount of such reduction or reductions equals 5 per centum of the
    annuity amount provided such survivor under subsection (f) of this
    section, as reduced under subsection (i) of this section, prior to
    such first increase. In no case shall the reduction by reason of
    this paragraph operate to reduce such portion to an amount less
    than $10.
      (8) That portion of the annuity of a survivor of a deceased
    individual as is determined under subdivisions (1) and (2) of this
    subsection shall, if the annuity of such survivor is not subject to
    reduction under subdivision (7) of this subsection, be reduced by
    an amount equal to the dollar amount by which the annuity of the
    deceased individual was reduced under section 231b(g)(2) of this
    title or would have been reduced under such section 231b(g)(2) of
    this title if such deceased individual had been living at the time
    such survivor's annuity under section 231a(d) of this title began
    to accrue (deeming for this purpose, if such individual died before
    becoming entitled to an annuity under section 231a(a)(1) of this
    title, that such individual became entitled to an annuity under
    paragraph (i) of such section 231a(a)(1) of this title in the month
    in which such individual died). In a case where the survivor of a
    deceased individual is not entitled to a monthly insurance benefit
    under the Social Security Act [42 U.S.C. 301 et seq.], the
    reduction provided by the preceding sentence of this subdivision
    shall be equal to the dollar amount by which the annuity of the
    deceased individual would have been reduced under section
    231b(g)(2) of this title if the annuity of such deceased individual
    had not been subject to reduction under section 231b(m) of this
    title. In no case shall the reduction by reason of this paragraph
    operate to reduce such portion to an amount less than $10.
      (9) That portion of the annuity of a survivor of a deceased
    individual as is determined under this subsection as in effect
    before amendment by section 1119(g) of Public Law 97-35 shall, if
    the annuity of such survivor is not subject to reduction under
    subdivision (7) of this subsection, be reduced by an amount equal
    to the dollar amount by which the annuity of the deceased
    individual was reduced under section 231b(g)(2) of this title or,
    if such survivor is not entitled to a monthly insurance benefit
    under the Social Security Act [42 U.S.C. 301 et seq.], would have
    been reduced under such section 231b(g)(2) of this title if the
    annuity of such deceased individual had not been subject to
    reduction under section 231b(m) of this title. In no case shall the
    reduction by reason of this paragraph operate to reduce such
    portion to an amount less than $10.
      (10)(i) If for any month the unreduced annuity provided under
    this section for a widow or widower is less than the widow's or
    widower's initial minimum amount computed pursuant to paragraph
    (ii) of this subdivision, the unreduced annuity shall be increased
    to that initial minimum amount. For the purposes of this
    subdivision, the unreduced annuity is the annuity without regard to
    any deduction on account of work, without regard to any reduction
    for entitlement to an annuity under section 231a(a)(1) of this
    title, without regard to any reduction for entitlement to a benefit
    under title II of the Social Security Act [42 U.S.C. 401 et seq.],
    and without regard to any reduction for entitlement to a public
    service pension pursuant to section 202(e)(7), 202(f)(2), or
    202(g)(4) of the Social Security Act.(!5)

      (ii) For the purposes of this subdivision, the widow or widower's
    initial minimum amount is the amount of the unreduced annuity
    computed at the time an annuity is awarded to that widow or
    widower, except that - 
        (A) in subsection (g)(1)(i) of this section "100 per centum"
      shall be substituted for "50 per centum"; and
        (B) in subsection (g)(2)(ii) of this section "130 per centum"
      shall be substituted for "80 per centum" both places it appears.

      (iii) If a widow or widower who was previously entitled to a
    widow's or widower's annuity under section 231a(d)(1)(ii) of this
    title becomes entitled to a widow's or widower's annuity under
    section 231a(d)(1)(i) of this title, a new initial minimum amount
    shall be computed at the time of award of the widow's or widower's
    annuity under section 231a(d)(1)(i) of this title.
    (h) Increases in particular widows' and widowers' annuities
      (1) The amount of the annuity of the widow or widower of a
    deceased employee determined under subsections (f) and (g) of this
    section, if such deceased employee will have completed ten years of
    service prior to January 1, 1975, and such widow or widower will
    have been permanently insured under the Social Security Act [42
    U.S.C. 301 et seq.] of (!6) December 31, 1974, shall be increased
    by an amount equal to the amount, if any, by which (A) the widow's
    or widower's insurance annuity to which such widow or widower would
    have been entitled, upon attaining age 65, under section 5(a) of
    the Railroad Retirement Act of 1937 [45 U.S.C. 228e(a)] as in
    effect on December 31, 1974 (without regard to the proviso of that
    section or the first proviso of section 3(e) of that Act [45 U.S.C.
    228c(e)]), on the basis of the deceased employee's remuneration and
    service prior to January 1, 1975, increased by the same percentage,
    or percentages, as widow's and widower's insurance benefits under
    section 202 of the Social Security Act [42 U.S.C. 402] are
    increased during the period from January 1, 1975, to January 1,
    1982 or, if earlier, to the later of the date on which such widow's
    or widower's annuity under section 231a(d)(1) of this title began
    to accrue or the date beginning the first month for which such
    widow or widower is entitled to an old age insurance benefit or
    disability insurance benefit under the Social Security Act, exceeds
    (B) the total of the annuity amounts to which such widow or widower
    was entitled (after any reductions pursuant to section 202(k) or
    202(q) of the Social Security Act and subsection (i)(2) of this
    section but before any deductions on account of work) under
    subsections (f) and (g) of this section as to the later of the date
    on which such widow's or widower's annuity under section 231a(d)(1)
    of this title began to accrue or the date beginning the first month
    for which such widow or widower is entitled to an old-age insurance
    benefit or disability insurance benefit under the Social Security
    Act: Provided, however, That, if a widow or widower was entitled
    (or would have been entitled except for the provisions of section
    231a(e) or 231a(f) of this title) to an annuity amount under
    subdivision (1) or (2) of subsection (e) of this section in the
    month preceding the employee's death, the amount of the annuity to
    which such widow or widower is entitled under this subsection shall
    not be less than an amount which would cause (A) the total of the
    annuity amounts to which such widow or widower is entitled (after
    any reductions pursuant to section 202(k) or 202(q) of the Social
    Security Act but before any deductions on account of work) under
    subsections (f) and (g) of this section and the preceding
    provisions of this subsection as of the date such widow's or
    widower's annuity under section 231a(d)(1) of this title began to
    accrue to equal (B) the total of the annuity amounts to which such
    widow or widower was entitled (or would have been entitled except
    for the provisions of section 231a(e) or 231a(f) of this title) as
    a spouse under subsections (a), (b), and (e) of this section (after
    any reductions on account of age) in the month preceding the
    employee's death.

      (2) Subdivision (1) of this subsection shall not apply to the
    annuity of a widow, surviving divorced wife, or surviving divorced
    mother who is entitled to such annuity on the basis of the
    provisions of section 231a(d)(1)(v) of this title. No amount shall
    be payable to a person under subdivision (1) of this subsection
    unless the entitlement of such person to such amount had been
    determined prior to August 13, 1981.
    (i) Reductions in survivors' annuities
      (1) The annuity of any spouse or divorced wife under subsection
    (a) of this section for any month shall, after a reduction pursuant
    to section 231a(c)(2) of this title be reduced, but not below zero,
    by the amount of any insurance benefit (before any deduction on
    account of work) payable to such spouse or divorced wife for that
    month under title II of the Social Security Act [42 U.S.C. 401 et
    seq.].
      (2) If a spouse or divorced wife entitled to an annuity under
    section 231a(c) of this title or a survivor entitled to an annuity
    under section 231a(d) of this title for any month is also entitled
    to an annuity under section 231a(a)(1) of this title for such
    month, the annuity amount of such spouse or divorced wife
    determined under subsection (a) of this section or of such survivor
    under subsection (f) of this section shall, after any reduction
    pursuant to subdivision (1) of this subsection, be reduced by the
    amount of the annuity of such spouse or divorced wife or such
    survivor determined under section 231b(a) of this title.
      (3) The annuity of any survivor under subsection (f) of this
    section shall be reduced, but not below zero, by the amount of any
    insurance benefit (before any deduction on account of work) payable
    to such survivor under title II of the Social Security Act [42
    U.S.C. 401 et seq.], unless in computing the amount under
    subsection (f) of this section a reduction was made for such
    insurance benefit pursuant to section 202(k) of the Social Security
    Act [42 U.S.C. 402(k)].

-SOURCE-
    (Aug. 29, 1935, ch. 812, Sec. 4, as restated June 24, 1937, ch.
    382, pt. I; 50 Stat. 307, as restated Pub. L. 93-445, title I, Sec.
    101, Oct. 16, 1974, 88 Stat. 1327; amended Pub. L. 94-547, Sec.
    2(a), (b), Oct. 18, 1976, 90 Stat. 2524; Pub. L. 97-35, title XI,
    Sec.  1119, Aug. 13, 1981, 95 Stat. 632; Pub. L. 98-76, title I,
    Secs. 101(b), 102(b), (c), 106(h), title IV, Secs. 406(a), 407(a),
    Aug. 12, 1983, 97 Stat. 411, 413, 414, 418, 435; Pub. L. 107-90,
    title I, Secs. 101(a), 102(b), (c), 103(e), 104(b), Dec. 21, 2001,
    115 Stat. 878, 879, 881, 882.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Social Security Act, referred to in subsecs. (a)(1), (d)(3),
    (e)(1), (2), (4), (f)(1), (2)(ii), (g)(4), (7) to (10), (h)(1), and
    (i)(1), (3), is act Aug. 14, 1935, ch. 531, 49 Stat. 620, as
    amended, which is classified generally to chapter 7 (Sec. 301 et
    seq.) of Title 42, The Public Health and Welfare. Title II of the
    Act is classified generally to subchapter II (Sec. 401 et seq.) of
    chapter 7 of Title 42. Sections 202(e)(7), 202(f)(2), and 202(g)(4)
    of the Act probably mean subsecs. (e)(7), (f)(2), and (g)(4) of
    section 202 of the Act as classified to subsecs. (e)(7), (f)(2),
    and (g)(4) of section 402 of Title 42, respectively, prior to
    repeal by Pub. L. 108-203, title IV, Sec. 418(b)(3)(B), (4)(A)(i),
    (5)(B), Mar. 2, 2004, 118 Stat. 532, 533. For complete
    classification of this Act to the Code, see section 1305 of Title
    42 and Tables.
      The Social Security Amendments of 1965, referred to in subsec.
    (b), is Pub. L. 89-97, July 30, 1965, 79 Stat. 286, as amended. For
    complete classification of this Act to the Code, see Short Title of
    1965 Amendment note set out under section 1305 of Title 42 and
    Tables.
      The Social Security Amendments of 1967, referred to in subsec.
    (b), is Pub. L. 90-248, Jan. 2, 1968, 81 Stat. 821, as amended. For
    complete classification of this Act to the Code, see Short Title of
    1968 Amendment note set out under section 1305 of Title 42 and
    Tables.
      The Social Security Amendments of 1969, referred to in subsec.
    (b), is title X of Pub. L. 91-172, Dec. 30, 1969, 83 Stat. 737, as
    amended, which amended sections 401, 402, 403, 415, 427, and 428 of
    Title 42, and enacted provisions set out as notes under sections
    401, 402, 403, 415, and 427 of Title 42. For complete
    classification of this Act to the Code, see Short Title of 1969
    Amendment note set out under section 1305 of Title 42 and Tables.
      Sections 2, 3, and 5 of the Railroad Retirement Act of 1937,
    referred to in subsecs. (b), (g)(4), and (h)(1), which were
    classified to sections 228b, 228c, and 228e of this title, have
    been omitted from the Code.
      Section 1119(g) of Public Law 97-35, referred to in subsec.
    (g)(7), (9), amended subsec. (g) of this section generally. See
    1981 Amendment note below.


-MISC1-
                                AMENDMENTS                            
      2001 - Subsec. (a)(2). Pub. L. 107-90, Sec. 102(b), substituted
    "a spouse entitled to an annuity under section 231a(c)(1)(ii)(B) of
    this title" for "if an individual is entitled to an annuity under
    paragraph (ii) of section 231a(a)(1) of this title which did not
    begin to accrue before such individual attained age 62, the spouse
    of such individual entitled to annuity under clause (B) of
    paragraph (ii) of section 231a(c)(1) of this title".
      Subsec. (a)(3). Pub. L. 107-90, Sec. 103(e), added par. (3).
      Pub. L. 107-90, Sec. 102(c), struck out par. (3) which read as
    follows: "In the case of an individual entitled to an annuity under
    section 231a(a)(1)(ii) of this title which began to accrue before
    such individual attained age 62, the annuity of the spouse of such
    individual under section 231a(c) of this title shall, in lieu of an
    annuity amount provided under subdivision (1), be in an amount
    equal to - 
        "(i) for each month prior to the first month throughout which
      both the individual and the spouse are age 62, 50 per centum of
      that portion of the individual's annuity as is, or was prior to
      such individual's attaining age 62, computed under section
      231b(a)(3)(i) of this title, reduced to the same extent such
      amount would be reduced under section 202(b)(4) of the Social
      Security Act (in the case of a wife) or under section 202(c)(2)
      of the Social Security Act (in the case of a husband) as if such
      amount were a wife's insurance benefit or a husband's insurance
      benefit, respectively, under such Act; and
        "(ii) for months beginning with the first month throughout
      which both the individual and the spouse are age 62, the amount
      (after any reduction on account of age based on the spouse's age
      at the time the amount under this paragraph first becomes payable
      but before any deductions on account of work) of the wife's
      insurance benefit or the husband's insurance benefit to which
      such spouse would have been entitled under the Social Security
      Act if the individual's service as an employee after December 31,
      1936, had been included in the term 'employment' as defined in
      that Act."
      Subsec. (a)(4). Pub. L. 107-90, Sec. 102(c), struck out par. (4)
    which read as follows: "In the case of an individual entitled to an
    annuity under paragraph (iv) or (v) of section 231a(a)(1) of this
    title, the annuity of the spouse of such individual entitled to an
    annuity under section 231a(c)(1)(ii)(B) of this title shall, in
    lieu of an annuity amount provided under subdivision (1), be in an
    amount equal to the amount (after any reduction on account of age
    but before any deductions on account of work) of the wife's
    insurance benefit or the husband's insurance benefit to which such
    spouse would have been entitled under the Social Security Act if
    the individual's service as an employee after December 31, 1936,
    had been included in the term 'employment' as defined in that Act.
    For purposes of this subdivision, spouses who have not attained age
    62 shall be deemed to have attained age 62."
      Subsec. (c). Pub. L. 107-90, Sec. 104(b), struck out subsec. (c)
    which read as follows: "If (A) the total amount of the annuity of a
    spouse of an individual as computed under the preceding subsections
    of this section as of the date on which the annuity of such
    individual under section 231a(a)(1) of this title began to accrue
    (before any reduction due to such spouse's entitlement to a monthly
    insurance benefit under the Social Security Act) plus (B) the total
    amount of the annuity and supplemental annuity of the individual
    (before any reduction due to such individual's entitlement to a
    monthly insurance benefit under the Social Security Act) subject to
    the provisions of section 231b(f)(1) of this title would, before
    any reductions in the amounts specified in clauses (A) and (B) on
    account of age and disregarding any increases in such amounts which
    become effective after the date on which the individual's annuity
    under section 231a(a)(1) of this title began to accrue, exceed the
    amount determined under clauses (A) and (B) of section 231b(f)(1)
    of this title, the portion of the annuity of such spouse determined
    under subsection (b) of this section as of the date on which the
    individual's annuity under section 231a(a)(1) of this title began
    to accrue shall be reduced until the sum of the amounts specified
    in clauses (A) and (B) of this subsection equals the amount
    determined under clauses (A) and (B) of section 231b(f)(1) of this
    title or until such amount under subsection (b) of this section is
    reduced to zero, whichever occurs first. If, after such amount
    under subsection (b) of this section is reduced to zero, the sum of
    the remaining amounts specified in clauses (A) and (B) of this
    subsection still exceeds the amount determined under clauses (A)
    and (B) of section 231b(f)(1) of this title, the supplemental
    annuity of the individual first, and then, if necessary, the
    annuity amount of the individual computed under subsections (b),
    (c), and (d) of section 231b of this title as of the date on which
    the individual's annuity under section 231a(a)(1) of this title
    began to accrue, shall be reduced until the amounts specified in
    clauses (A) and (B) of this subsection equals the amount determined
    under clauses (A) and (B) of section 231b(f)(1) of this title or
    until such supplemental annuity and such annuity amount are reduced
    to zero, whichever occurs first. Notwithstanding the preceding
    provisions of this subsection, the provisions of this subsection
    shall not operate to reduce the total of the amounts specified in
    clauses (A) and (B) of this subsection below $1,200."
      Subsec. (g)(10). Pub. L. 107-90, Sec. 101(a), added par. (10).
      1983 - Subsec. (a)(2). Pub. L. 98-76, Sec. 106(h), substituted
    "retirement age (as defined in section 216(l) of the Social
    Security Act" for "age 65".
      Pub. L. 98-76, Sec. 101(b)(1), substituted "if an individual is
    entitled to an annuity under paragraph (ii) of section 231a(a)(1)
    of this title which did not begin to accrue before such individual
    attained age 62, the spouse of such individual" for "spouses".
      Subsec. (a)(3), (4). Pub. L. 98-76, Sec. 101(b)(2), added pars.
    (3) and (4).
      Subsec. (d). Pub. L. 98-76, Sec. 102(b), designated existing
    provisions as par. (1), substituted "231b(g)(1)" for "231b(g)", and
    added pars. (2) and (3).
      Subsec. (g)(1). Pub. L. 98-76, Sec. 102(c)(1), inserted "and
    without regard to any reduction under section 231b(g)(2) of this
    title".
      Subsec. (g)(4). Pub. L. 98-76, Sec. 406(a), substituted
    "subsections (a), (b), and (e)" for "subsections (a), (b), and
    (e)(3)".
      Subsec. (g)(6). Pub. L. 98-76, Sec. 102(c)(2), substituted
    "231b(g)(1)" for "231b(g)".
      Subsec. (g)(7) to (9). Pub. L. 98-76, Sec. 102(c)(3), added pars.
    (7) to (9).
      Subsec. (i)(3). Pub. L. 98-76, Sec. 407(a), added par. (3).
      1981 - Subsec. (a)(1). Pub. L. 97-35, Sec. 1119(a), substituted
    "spouse or divorced wife" for "spouse" in two places.
      Subsec. (b). Pub. L. 97-35, Sec. 1119(b)(1), substituted
    "subsection (b)" for "subsections (b), (c) and (d)".
      Pub. L. 97-35, Sec. 1119(b)(2), substituted "45 per centum" for
    "50 per centum".
      Pub. L. 97-35, Sec. 1119(b)(3), struck out third proviso which
    provided that if the total of (A) the amount of the spouse's
    annuity provided under subsec. (a) of this section (before any
    reduction due to such spouse's entitlement to a wife's or husband's
    insurance benefit under the Social Security Act), or, in the case
    of a spouse entitled to an annuity under section 231a(a)(1) of this
    title or to an old-age insurance benefit or a disability insurance
    benefit under section 202 or 223 of the Social Security Act, the
    amount to which such spouse would be entitled under subsec. (a) of
    this section if she or he were not entitled to an annuity under
    section 231a(a)(1) of this title or to an old-age insurance benefit
    or a disability insurance benefit under section 202 or 223 of the
    Social Security Act, plus (B) the amount of her or his annuity
    under this subsection would, with respect to any month, before any
    reductions on account of age, exceed 110 per centum of an amount
    equal to the maximum amount which could be paid to any one, with
    respect to such month, as a wife's insurance benefit under section
    202(h) of the Social Security Act, the amount of the annuity of
    such spouse under this subsection shall be reduced until the total
    of such annuity amounts equals 110 per centum of such amount.
      Pub. L. 97-35, Sec. 1119(b)(4), struck out reference to third
    proviso in second proviso.
      Pub. L. 97-35, Sec. 1119(b)(5), inserted "(disregarding, for this
    purpose, any increase in such reduction which becomes effective
    after the later of the date such spouse's annuity under section
    231a(c) of this title began to accrue or the date such spouse's
    annuity under section 231a(a)(1) of this title began to accrue)".
      Subsec. (c). Pub. L. 97-35, Sec. 1119(c), substituted "spouse's
    entitlement to a monthly insurance benefit" for "spouse's
    entitlement to a wife's or husband's insurance benefit".
      Subsec. (e)(4). Pub. L. 97-35, Sec. 1119(d)(1), substituted "to
    the earlier of the date on which the individual's annuity under
    section 231a(a)(1) of this title began to accrue or January 1,
    1982" for "to the date on which the individual's annuity under
    section 231a(a)(1) of this title began to accrue".
      Subsec. (e)(5). Pub. L. 97-35, Sec. 1119(d)(2), added subdiv.
    (5).
      Subsec. (f)(1). Pub. L. 97-35, Sec. 1119(e)(1), inserted
    provision that in the case of a widow or widower who is entitled to
    an annuity under section 231a(d) of this title solely on the basis
    of railroad service which was performed prior to Jan. 1, 1937, the
    amount provided under this section with respect to any month shall
    not be less than the first amount appearing in column IV of the
    table appearing in section 215(a) of the Social Security Act as in
    effect on December 31, 1974, after reduction in accordance with the
    provisions of section 202(k) and 202(q) of that Act in the same
    manner as would be applicable to a widow's insurance benefit or
    widower's insurance benefit payable under section 202(e) or 202(f)
    of that Act.
      Subsec. (f)(2)(iii). Pub. L. 97-35, Sec. 1119(f), added par.
    (iii).
      Subsec. (f)(3). Pub. L. 97-35, Sec. 1119(e)(2), added subdiv.
    (3).
      Subsec. (g). Pub. L. 97-35, Sec. 1119(g), revised windfall
    component in computation of survivor annuity benefits and
    substituted provisions fixing windfall component equal to 50 per
    centum of employee's windfall component which would be payable to
    employee if he were living, 15 per centum for children, parents 35
    per centum, with family minimum of 35 per centum and family maximum
    of 80 per centum, for provisions fixing such component equal to 30
    per centum of the social security level widow's or widower's
    annuity which would be payable to such survivor if railroad service
    were covered by the Social Security Act, and clarified that
    divorced wives, remarried widows, and surviving divorced mothers do
    not receive a windfall amount.
      Subsec. (h). Pub. L. 97-35, Sec. 1119(h)(1), (4), designated
    existing provisions as subdiv. (1) and added subdiv. (2).
      Subsec. (h)(1). Pub. L. 97-35, Sec. 1119(h)(2), substituted
    "during the period from January 1, 1975, to January 1, 1982 or, if
    earlier, to" for "during the period from January 1, 1975".
      Pub. L. 97-35, Sec. 1119(h)(3), substituted "pursuant to section
    202(k) or 202(q) of the Social Security Act and subsection (i)(2)
    of this section" for "pursuant to section 202(k) or 202(q) of the
    Social Security Act".
      Subsec. (i)(1). Pub. L. 97-35, Sec. 1119(i)(1), substituted
    "spouse or divorced wife" for "spouse" in two places.
      Pub. L. 97-35, Sec. 1119(i)(2), inserted ", after a reduction
    pursuant to section 231a(c)(2) of this title" after "for any month
    shall".
      Pub. L. 97-35, Sec. 1119(i)(3), struck out "wife's or husband's"
    before "insurance benefit".
      Pub. L. 97-35, Sec. 1119(i)(4), inserted "(before any deduction
    on account of work)" after "insurance benefit".
      Subsec. (i)(2). Pub. L. 97-35, Sec. 1119(i)(1), substituted
    "spouse or divorced wife" for "spouse" in three places.
      1976 - Subsec. (g). Pub. L. 94-547, Sec. 2(a), inserted
    references to spouses under subsection (e)(3) of this section in
    two places and inserted proviso that if a widow or widower of a
    deceased employee is entitled to an annuity under section
    231a(a)(1) of this title and if either such widow or widower of
    such deceased employee completed ten years of service prior to Jan.
    1, 1975, the amount of the annuity of such widow or widower under
    the preceding provisions of this subsection would be increased by
    an amount equal to the amount, if any, by which (A) the widow's or
    widower's insurance annuity to which such widow or widower would
    have been entitled, upon attaining age 65, under section 5(a) of
    the Railroad Retirement Act of 1937 as in effect on Dec. 31, 1974
    (without regard to the proviso of that section or the first proviso
    of section 3(e) of that Act), on the basis of the deceased
    employee's remuneration and service prior to Jan. 1, 1975,
    increased by the same percentage, or percentages, as widow's and
    widower's insurance benefits under section 202 of the Social
    Security Act are increased during the period from Jan. 1, 1975, to
    the later of the date on which such widow's or widower's annuity
    under section 231a(a)(1) of this title began to accrue or the date
    on which such widow's or widower's annuity under section 231a(d)(1)
    of this title began to accrue, exceeds (B) the total of the annuity
    amounts to which the widow or widower was entitled (after any
    reductions pursuant to subsection (i)(2) of this section but before
    any deductions on account of work) under subsec. (f) of the section
    and the preceding provisions of this subsection as of the later of
    the date on which such widow's or widower's annuity under section
    231a(a)(1) of this title began to accrue or the date on which such
    widow's or widower's annuity under section 231a(d)(1) of this title
    began to accrue.
      Subsec. (h). Pub. L. 94-547, Sec. 2(b), revised the benefit
    formula by providing that the additional benefit amount for the
    widows and widowers in question be equal to the difference between
    (A) the amount of the widow's or widower's insurance annuity which
    would have been payable under the 1937 Act railroad retirement
    formula on the basis of the deceased employee's remuneration and
    service prior to 1975, with this amount being increased by the
    percentages of benefit increases occurring during the period from
    Jan. 1, 1975, to the date on which the widow's or widower's
    survivor annuity or social security benefit, whichever is awarded
    latest, begins, and (B) the total amount of the two survivor
    annuity components payable to the widow or widower under this
    subchapter, after reduction due to the receipt of a social security
    benefit, as of the time the widow's or widower's survivor annuity
    or social security benefit, whichever is awarded latest, begins,
    with a proviso to assure that, where the widow or widower had been
    receiving a "windfall" dual benefit as a spouse under this
    subchapter, the total annuity amounts, including dual benefit
    amounts, payable to that widow or widower will not be less than the
    annuity amounts, again including dual benefit amounts, which the
    widow or widower received as a spouse in the month preceding the
    employee's death.

                     EFFECTIVE DATE OF 2001 AMENDMENT                 
      Pub. L. 107-90, title I, Sec. 101(b), Dec. 21, 2001, 115 Stat.
    879, provided that:
      "(1) In general. - The amendment made by this section [amending
    this section] shall take effect on the first day of the first month
    that begins more than 30 days after enactment [Dec. 21, 2001], and
    shall apply to annuity amounts accruing for months after the
    effective date in the case of annuities awarded - 
        "(A) on or after that date; and
        "(B) before that date, but only if the annuity amount under
      section 4(g) of the Railroad Retirement Act of 1974 (45 U.S.C.
      231c(g)) was computed under such section, as amended by the
      Omnibus Budget Reconciliation Act of 1981 (Public Law 97-35; 95
      Stat. 357).
      "(2) Special rule for annuities awarded before the effective
    date. - In applying the amendment made by this section to annuities
    awarded before the effective date, the calculation of the initial
    minimum amount under new section 4(g)(10)(ii) of the Railroad
    Retirement Act of 1974 (45 U.S.C. 231c(g)(10)(ii)), as added by
    subsection (a), shall be made as of the date of the award of the
    widow's or widower's annuity."
      Pub. L. 107-90, title I, Sec. 102(d), Dec. 21, 2001, 115 Stat.
    879, provided that:
      "(1) Generally. - Except as provided in paragraph (2), the
    amendments made by this section [amending this section and section
    231b of this title] shall apply to annuities that begin to accrue
    on or after January 1, 2002.
      "(2) Exception. - The amount of the annuity provided for a spouse
    under section 4(a) of the Railroad Retirement Act of 1974 (45
    U.S.C. 231c(a)) shall be computed under section 4(a)(3) of such
    Act, as in effect on December 31, 2001, if the annuity amount
    provided under section 3(a) of such Act (45 U.S.C. 231b(a)) for the
    individual on whose employment record the spouse annuity is based
    was computed under section 3(a)(3) of such Act, as in effect on
    December 31, 2001."
      Amendment by section 103(e) of Pub. L. 107-90 effective Jan. 1,
    2002, see section 103(j) of Pub. L. 107-90, set out as a note under
    section 405 of Title 42, The Public Health and Welfare.
      Amendment by section 104(b) of Pub. L. 107-90 effective Jan. 1,
    2002, and applicable to annuity amounts accruing for months after
    Dec. 2001, see section 104(c) of Pub. L. 107-90, set out as a note
    under section 231b of this title.

                     EFFECTIVE DATE OF 1983 AMENDMENT                 
      Amendment by section 101(b) of Pub. L. 98-76 effective July 1,
    1984, and applicable only with respect to awards in certain
    specified cases, see section 101(c) of Pub. L. 98-76, set out as a
    note under section 231b of this title.
      Amendment by section 102(b), (c) of Pub. L. 98-76 effective Aug.
    12, 1983, see section 102(d) of Pub. L. 98-76, set out as a note
    under section 231b of this title.
      Amendment by section 106(h) of Pub. L. 98-76 effective Aug. 12,
    1983, except such amendment inapplicable to certain annuity
    amounts, see section 106(k) of Pub. L. 98-76, set out as a note
    under section 231a of this title.
      Section 406(b) of Pub. L. 98-76 provided that: "The amendments
    made by this section [amending this section] shall be effective
    October 1, 1981."
      Section 407(b) of Pub. L. 98-76 provided that: "The amendment
    made by this section [amending this section] shall be effective
    with respect to annuities awarded on and after the date of
    enactment [Aug. 12, 1983]."

                     EFFECTIVE DATE OF 1981 AMENDMENT                 
      Amendment by section 1119(b)(5), (c), (h)(3), (i)(3) of Pub. L.
    97-35 effective Jan. 1, 1975, amendment by section 1119(b)(1) of
    Pub. L. 97-35 not to apply with respect to annuities awarded before
    Oct. 1, 1981, amendment by section 1119(d)(2), (h)(1), (4) of Pub.
    L. 97-35 effective Aug. 13, 1981, amendment by section 1119(i)(4)
    of Pub. L. 97-35 effective Jan. 1, 1982, and amendment by other
    provisions of section 1119 of Pub. L. 97-35 effective Oct. 1, 1981,
    and applicable only with respect to annuities awarded on or after
    Oct. 1, 1981, see section 1129 of Pub. L. 97-35, set out as a note
    under section 231 of this title.

                     EFFECTIVE DATE OF 1976 AMENDMENT                 
      Section 2(c) of Pub. L. 94-547 provided that: "The amendments
    made by this section [amending this section] shall be effective
    with respect to annuities accruing for months after the month in
    which this Act is enacted [October, 1976]: Provided, however, That
    the amendments made by subsection (b) of this section [amending
    this section] shall not operate to decrease any annuity amounts
    awarded under section 4(h) of the Railroad Retirement Act of 1974
    [subsec. (h) of this section] prior to the date on which these
    amendments become effective."

-FOOTNOTE-
    (!1) So in original. Probably should be followed by a closing
         parenthesis.

    (!2) So in original. The comma probably should not appear.

    (!3) So in original. Probably should be "section".

    (!4) So in original. Probably should not be capitalized.

               

    (!5) See References in Text note below.

    (!6) So in original. Probably should be "on".


-End-



-CITE-
    45 USC Sec. 231d                                            01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 9 - RETIREMENT OF RAILROAD EMPLOYEES
    SUBCHAPTER IV - RAILROAD RETIREMENT ACT OF 1974

-HEAD-
    Sec. 231d. Annuity beginning and ending dates

-STATUTE-
    (a) Annuities under section 231a of this title
      Subject to the limitations set forth below, an annuity under
    section 231a of this title shall begin with the month in which
    eligibility therefor was otherwise acquired, but - 
        (i) not earlier than the date specified in the application
      therefor;
        (ii) in the case of an applicant otherwise entitled to an
      annuity under paragraph (iv) or (v) of section 231a(a)(1) of this
      title or under section 231a(d)(1)(i) of this title on the basis
      of disability, not earlier than the later of (A) the first day of
      the sixth month following the onset date of the disability for
      which such annuity is awarded or (B) the first day of the twelfth
      month before the month in which the application therefor was
      filed;
        (iii) in the case of an applicant otherwise entitled to an
      annuity under section 231a(a)(1), 231a(c), or 231a(d) of this
      title where paragraph (ii) does not apply, not earlier than the
      latest of (A) the first day of the sixth month before the month
      in which the application therefor was filed, (B) the first day of
      the month in which the application therefor was filed if the
      effect of beginning such annuity in an earlier month would result
      in a greater age reduction in the annuity, unless beginning the
      annuity in the earlier month would enable an annuity under
      section 231a(c) of this title which is not subject to an age
      reduction to be payable in such earlier month, (C) in the case of
      an applicant otherwise entitled to an annuity under section
      231a(a)(1) or 231a(c) of this title, the date following the last
      day of compensated service of the applicant, or (D) in the case
      of an applicant otherwise entitled to an annuity under section
      231a(a)(1) or 231a(c) of this title, the first day of the first
      month throughout which the applicant meets the age requirement
      for the annuity applied for;
        (iv) in the case of an applicant otherwise entitled to an
      annuity under section 231a(c)(4) or (d)(1)(v) of this title, not
      earlier than the month an annuity would begin to accrue to such
      individual under such section if section 202(j)(1) and section
      202(j)(4) of the Social Security Act [42 U.S.C. 402(j)(1), (4)]
      were applicable to this subchapter.(!1)

        (v) an annuity amount provided by section 231b(h)(1) or
      231b(h)(2) of this title shall not be paid to an individual
      otherwise eligible therefor for any month before the month such
      individual would be entitled, upon filing an application
      therefor, to an old-age insurance benefit or a disability
      insurance benefit under title II of the Social Security Act [42
      U.S.C. 401 et seq.] and an annuity amount provided by section
      231b(h)(3) or section 231b(h)(4) of this title shall not be paid
      to an individual otherwise eligible therefor for any month before
      the month such individual would be entitled, upon filing an
      application therefore,(!2) to an insurance benefit as a wife,
      husband, widow, or widower under title II of the Social Security
      Act;

        (vi) an annuity amount provided by section 231c(e)(1) or
      231c(e)(2) of this title shall not be paid to a spouse otherwise
      eligible therefor for any month prior to the month such spouse
      would be entitled, upon filing an application therefor, to an old-
      age or disability insurance benefit under title II of the Social
      Security Act [42 U.S.C. 401 et seq.]; and
        (vii) an annuity amount provided by section 231c(e)(3) of this
      title shall not be paid to a spouse otherwise eligible therefor
      for any month prior to the month such spouse would be entitled,
      upon filing an application therefor, to a wife's or husband's
      insurance benefit under title II of the Social Security Act [42
      U.S.C. 401 et seq.].

    For the purpose of determining annuity amounts provided under
    sections 231b(a), 231c(a), and 231c(f) of this title, the
    provisions with respect to the beginning dates of annuities set
    forth in this subsection shall be deemed to govern the beginning
    dates of monthly benefits provided under the Social Security Act
    [42 U.S.C. 301 et seq.].
    (b) Applications for payment
      An application for any payment under this subchapter shall be
    made and filed in such manner and form as the Board may prescribe.
    An application filed with the Board for an employee annuity, spouse
    annuity, or divorced spouse annuity on the basis of the employment
    record of an employee who will have completed less than ten years
    of service shall be deemed to be an application for any benefit to
    which such applicant may be entitled under this subchapter or
    section 202(a), section 202(b), or section 202(c) of the Social
    Security Act [42 U.S.C. 402(a), (b), (c)]. An application filed
    with the Board for an annuity on the basis of the employment record
    of an employee who will have completed ten years of service shall,
    unless the applicant specified otherwise, be deemed to be an
    application for any benefit to which such applicant may be entitled
    under this subchapter or title II of the Social Security Act [42
    U.S.C. 401 et seq.]. An individual who was entitled to an annuity
    under paragraph (iv) or (v) of section 231a(a)(1) of this title for
    the month preceding the month in which he attained retirement age
    (as defined in section 216(l) of the Social Security Act [42 U.S.C.
    416(l)]), shall be deemed to have filed an application for an
    annuity under paragraph (i) of section 231a(a)(1) of this title on
    the date on which he attained retirement age (as defined in section
    216(l) of the Social Security Act), and a widow or widower who was
    entitled to an annuity under section 231a(d)(1) of this title on
    the basis of disability for the month preceding the month in which
    she or he attained age 60, shall be deemed to have filed an
    application for an annuity under such section 231a(d)(1) of this
    title on the basis of age on the date on which she or he attained
    age 60.
    (c) Individual's entitlement
      (1) An individual's entitlement to an annuity under paragraph
    (i), (ii), or (iii) of section 231a(a)(1) of this title or to a
    supplemental annuity under section 231a(b) of this title shall end
    with the month preceding the month in which he dies.
      (2) An individual's entitlement to an annuity under paragraph
    (iv) or (v) of section 231a(a)(1) of this title shall end on (A)
    the last day of the second month following the month in which he
    ceases to be disabled as provided for purposes of such paragraphs,
    (B) the last day of the month preceding the month in which he
    attains retirement age (as defined in section 216(l) of the Social
    Security Act [42 U.S.C. 416(l)]) or (C) the last day of the month
    preceding the month in which he dies, whichever first occurs.
      (3) The entitlement of a spouse of an individual to an annuity
    under section 231a(c) of this title shall end on the last day of
    the month preceding the month in which (A) the spouse or the
    individual dies, (B) the spouse and the individual are absolutely
    divorced, or (C) in the case of a wife who does not satisfy the
    requirements of clause (ii)(A) or (ii)(B) of section 231a(c)(1) of
    this title (other than a wife who is receiving such annuity by
    reason of an election under section 231a(c)(2) of this title), such
    wife no longer has in her care a child described in clause (ii)(C)
    of section 231a(c)(1) of this title, whichever first occurs. The
    entitlement of the divorced wife of an individual to an annuity
    under section 231a(c) of this title shall end on the last day of
    the month preceding the month in which (A) the divorced wife or the
    individual dies or (B) the divorced wife remarries.
      (4) The entitlement of a widow or widower of a deceased employee
    to an annuity under paragraph (i) of section 231a(d)(1) of this
    title on the basis of age shall end on (A) the last day of the
    month preceding the month in which she or he dies or (B) the last
    day of the month preceding the month in which she or he remarries
    after the employee's death, whichever first occurs.
      (5) The entitlement of a widow or widower of a deceased employee
    to an annuity under paragraph (i) of section 231a(d)(1) of this
    title on the basis of disability shall end on (A) the last day of
    the month preceding the month in which she or he dies, (B) the last
    day of the month preceding the month in which she or he remarries
    after the employee's death, (C) the last day of the second month
    following the month in which she or he ceases to be disabled as
    provided for purposes of such paragraph, or (D) the last day of the
    month preceding the month in which she or he attains age 60,
    whichever first occurs.
      (6) The entitlement of a widow of a deceased employee to an
    annuity under paragraph (ii) of section 231a(d)(1) of this title
    shall end on (A) the last day of the month preceding the month in
    which she dies, (B) the last day of the month preceding the month
    in which she remarries after the employee's death, or (C) the last
    day of the month preceding the month in which she no longer has in
    her care a child described in clause (B) of such paragraph (ii)
    whichever first occurs.
      (7) The entitlement of a child of a deceased employee to an
    annuity under paragraph (iii) of section 231a(d)(1) of this title
    shall end on (A) the last day of the month preceding the month in
    which he or she dies, (B) the last day of the month preceding the
    month in which he or she marries, (C) the last day of the month
    preceding the month in which he or she attains age 18 and does not
    meet the qualifications set forth in clause (B) or (C) of such
    paragraph (iii), (D) the last day of the month preceding (i) the
    month during no part of which he or she is a full-time elementary
    or secondary school student or (ii) the month in which he or she
    attains age 19, and does not meet the qualifications set forth in
    clause (A) or (C) of such paragraph (iii), or (E) the last day of
    the second month following the month in which he or she ceases to
    be disabled for purposes of such paragraph (iii) and does not meet
    the qualifications set forth in clause (A) or (B) of such paragraph
    (iii), whichever first occurs. A child whose entitlement to an
    annuity under paragraph (iii) of section 231a(d)(1) of this title
    terminated by reason of clause (E) of this subdivision because he
    or she ceased to be disabled and who again becomes disabled as
    provided in clause (C) of such paragraph (iii), may become
    reentitled to an annuity on the basis of such disability upon his
    or her application for such reentitlement. A child whose
    entitlement to an annuity under paragraph (iii) of section
    231a(d)(1) of this title terminated with the month preceding the
    month in which he or she attained age 18, or with a subsequent
    month, may again become entitled to such an annuity (providing no
    event to disqualify the child has occurred) beginning with the
    first month thereafter in which he or she meets the qualifications
    set forth in clause (B) or (C) of such paragraph (iii), if he or
    she has filed an application for such reentitlement.
      (8) The entitlement of a parent of a deceased employee to an
    annuity under paragraph (iv) of section 231a(d)(1) of this title
    shall end on the last day of the month preceding the month in which
    (A) such parent dies or (B) such parent remarries after the
    employee's death, whichever first occurs.
      (9) No annuity shall accrue with respect to the calendar month in
    which an annuitant dies. In cases where an individual entitled to
    an annuity under this subchapter disappears, no annuity shall
    accrue to that individual with respect to any month until and
    unless such individual is shown, by evidence satisfactory to the
    Board, to have continued in life throughout such month, but - 
        (A) where an annuity would accrue for such month under section
      231a(a)(1) of this title to an individual who had a current
      connection with the railroad industry at the time of such
      individual's disappearance, and under section 231a(c) of this
      title to such individual's spouse, had such individual been shown
      to be alive during such month, such individual shall be deemed,
      for the purposes of benefits under section 231a(d) of this title,
      to have died in the month in which such individual disappeared,
      and where an annuity would accrue for such month under section
      231a(a)(1) of this title to an individual who did not have a
      current connection with the railroad industry at the time of such
      individual's disappearance, and under section 231a(c) of this
      title to such individual's spouse, had such individual been shown
      to be alive during such month, such individual shall be deemed,
      for purposes of benefits payable under section 231a(c) of this
      title, to be alive during such month unless the death of such
      individual has been established or the annuity of the spouse of
      such individual is otherwise terminated under subsection (c)(3)
      of this section, and
        (B) if such individual is later determined to have been alive
      during any of such months, recovery of any benefits paid on the
      basis of such individual's compensation under section 231a(d) of
      this title for the months in which such individual was not known
      to be alive, minus the total of the amounts that would have been
      paid as a spouse's annuity during such months (treating the
      application for a widow's or widower's annuity as an application
      for spouse's annuity), shall be made in accordance with section
      231l of this title.

    For purposes of the payment of benefits under this subchapter, the
    death of an individual shall be presumed based on such individual's
    unexplained absence of not less than seven years, except that
    whenever the death of an individual is so established, such
    individual shall be deemed to have died in the month in which such
    individual disappeared.

-SOURCE-
    (Aug. 29, 1935, ch. 812, Sec. 5, as restated June 24, 1937, ch.
    382, pt. I, 50 Stat. 307, as restated Pub. L. 93-445, title I, Sec.
    101, Oct. 16, 1974, 88 Stat. 1332; amended Pub. L. 97-35, title XI,
    Sec. 1120, Aug. 13, 1981, 95 Stat. 636; Pub. L. 98-76, title I,
    Secs. 103(a), 104(c), 106(i), (j), Aug. 12, 1983, 97 Stat. 415,
    416, 418; Pub. L. 107-90, title I, Sec. 103(f), Dec. 21, 2001, 115
    Stat. 881.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Social Security Act, referred to in subsecs. (a) and (b), is
    act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended, which is
    classified generally to chapter 7 (Sec. 301 et seq.) of Title 42,
    The Public Health and Welfare. Title II of the Social Security Act
    is classified generally to subchapter II (Sec. 401 et seq.) of
    chapter 7 of Title 42. For complete classification of this Act to
    the Code, see section 1305 of Title 42 and Tables.


-MISC1-
                                AMENDMENTS                            
      2001 - Subsec. (b). Pub. L. 107-90 inserted second and third
    sentences and struck out former second sentence which read as
    follows: "An application filed with the Board for an annuity under
    this subchapter shall, unless the applicant specifies otherwise, be
    deemed to be an application for any benefit to which such applicant
    may be entitled under this subchapter or title II of the Social
    Security Act."
      1983 - Subsec. (a). Pub. L. 98-76, Sec. 103(a)(1), substituted
    "Subject to the limitations set forth below, an annuity" for "An
    annuity" in provisions preceding cl. (i).
      Pub. L. 98-76, Sec. 103(a)(3), inserted provision following cl.
    (vii) that for purpose of determining annuity amounts provided
    under sections 231b(a), 231c(a), and 231c(f) of this title,
    provisions with respect to beginning dates of annuities set forth
    in this subsection shall be deemed to govern beginning dates of
    monthly benefits provided under Social Security Act.
      Subsec. (a)(ii). Pub. L. 98-76, Sec. 103(a)(2), amended cl. (ii)
    generally, substituting "in the case of an applicant otherwise
    entitled to an annuity under paragraph (iv) or (v) of section
    231a(a)(1) of this title or under section 231a(d)(1)(i) of this
    title on the basis of disability, not earlier than the later of (A)
    the first day of the sixth month following the onset date of the
    disability for which such annuity is awarded or (B) the first day
    of the twelfth month before the month in which the application
    therefor was filed" for "not earlier than the first day of the
    twelfth month before the month in which the application therefor
    was filed".
      Subsec. (a)(iii). Pub. L. 98-76, Sec. 103(a)(2), amended cl.
    (iii) generally. Prior to amendment, cl. (iii) read as follows: "in
    the case of an applicant otherwise eligible for an annuity under
    section 231a(a)(1) or 231a(c) of this title not earlier than the
    date following the last day of compensated service of the
    applicant; and".
      Subsec. (b). Pub. L. 98-76, Sec. 106(i), substituted "retirement
    age (as defined in section 216(l) of the Social Security Act)" for
    "the age of 65" and "age 65".
      Subsec. (c)(2). Pub. L. 98-76, Sec. 106(j), substituted
    "retirement age (as defined in section 216(l) of the Social
    Security Act)" for "age 65".
      Subsec. (c)(7)(D)(i). Pub. L. 98-76, Sec. 104(c)(1), substituted
    "full-time elementary or secondary school student" for "full-time
    student".
      Subsec. (c)(7)(D)(ii). Pub. L. 98-76, Sec. 104(c)(2), substituted
    "19" for "22".
      1981 - Subsec. (a)(iv) to (vii). Pub. L. 97-35, Sec. 1120(a),
    added pars. (iv) to (vii).
      Subsec. (b). Pub. L. 97-35, Sec. 1120(b), substituted "title II
    of the Social Security Act" for "the Social Security Act".
      Subsec. (c)(3). Pub. L. 97-35, Sec. 1120(c), inserted provision
    that entitlement of the divorced wife of an individual to an
    annuity under section 231a(c) shall end on the last day of the
    month preceding the month in which (A) the divorced wife or the
    individual dies or (B) the divorced wife remarries.
      Subsec. (c)(9). Pub. L. 97-35, Sec. 1120(d), added subdiv. (9).

                     EFFECTIVE DATE OF 2001 AMENDMENT                 
      Amendment by Pub. L. 107-90 effective Jan. 1, 2002, see section
    103(j) of Pub. L. 107-90, set out as a note under section 405 of
    Title 42, The Public Health and Welfare.

                     EFFECTIVE DATE OF 1983 AMENDMENT                 
      Section 103(b) of Pub. L. 98-76 provided that: "The amendments
    made by this section [amending this section] shall become effective
    on the first day of the first month beginning after the date of the
    enactment of this Act [Aug. 12, 1983], and shall apply only with
    respect to annuities awarded on the basis of applications filed on
    or after that day."
      Amendment by section 104(c) of Pub. L. 98-76 effective with
    respect to annuities accruing for months after Aug. 1983, with
    certain exceptions, see section 104(d) of Pub. L. 98-76, set out as
    a note under section 231a of this title.
      Amendment by section 106(i), (j) of Pub. L. 98-76 effective Aug.
    12, 1983, except such amendment inapplicable to certain annuity
    amounts, see section 106(k) of Pub. L. 98-76, set out as a note
    under section 231a of this title.

                     EFFECTIVE DATE OF 1981 AMENDMENT                 
      Amendment by section 1120(a), (d) of Pub. L. 97-35 effective Jan.
    1, 1975, amendment by section 1120(b) of Pub. L. 97-35 effective
    Oct. 1, 1981, and amendment by other provisions of section 1120 of
    Pub. L. 97-35 effective Oct. 1, 1981, and applicable only with
    respect to annuities awarded on or after Oct. 1, 1981, see section
    1129 of Pub. L. 97-35, set out as a note under section 231 of this
    title.

-FOOTNOTE-               

    (!1) So in original. The period probably should be a semicolon.

    (!2) So in original. Probably should be "therefor,".


-End-



-CITE-
    45 USC Sec. 231e                                            01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 9 - RETIREMENT OF RAILROAD EMPLOYEES
    SUBCHAPTER IV - RAILROAD RETIREMENT ACT OF 1974

-HEAD-
    Sec. 231e. Lump sum payments

-STATUTE-
    (a) Eligible annuities; applications; reversion; determination of
      status of recipient
      (1) Annuities under section 231a(a)(1) of this title and
    supplemental annuities under section 231a(b) of this title which
    will have become due an individual but will not have been paid at
    the time of such individual's death shall be payable to the person,
    if any, who is determined by the Board to be such individual's
    widow or widower and to have been living with such individual at
    the time of such individual's death and who will not have died
    before receiving payment of such annuities. If there be no such
    widow or widower, such annuities shall be payable to any person or
    persons, equitably entitled thereto, to the extent and in the
    proportions that he or they shall have paid the expenses of burial
    of such individual, and to the extent that he or they will not have
    been reimbursed under subsection (b) of this section for having
    paid such expenses. If there be no person or persons so entitled,
    or if the total of such annuities exceeds the amount payable under
    this subdivision to such person or persons, such total, or the
    remainder thereof, as the case may be, shall be paid to the
    children, grandchildren, parents, or brothers and sisters of the
    deceased individual in the same manner as if such annuities were a
    lump sum payable under subsection (c)(1) of this section.
      (2) Annuities under section 231a(d) of this title which will have
    become due a survivor of an employee but will not have been paid at
    the time of such survivor's death shall be payable to the person,
    if any, who is determined by the Board to be such employee's widow
    or widower and to have been living with such employee at the time
    of the employee's death and who will not have died before receiving
    payment of such annuities. If there be no such widow or widower,
    such annuities shall be payable to the children, grandchildren,
    parents, or brothers and sisters of the deceased employee in the
    same manner as if such unpaid annuities were a lump sum payable
    under subsection (c)(1) of this section.
      (3) Annuities under section 231a(c) of this title which will have
    become due a spouse or divorced wife of an individual but which
    will not have been paid at the time of such spouse's or divorced
    wife's death shall be payable to the individual from whose
    employment such annuities derived and who will not have died before
    receiving payment of such annuities. If there be no such
    individual, such annuities shall be paid as provided in the last
    two sentences of subdivision (1) of this subsection as if such
    annuities were annuities due to an individual but unpaid at the
    time of such individual's death.
      (4) Applications for accrued and unpaid annuities provided for in
    the preceding subdivisions of this subsection shall be filed prior
    to the expiration of two years after the death of the person to
    whom such annuities were originally due.
      (5) If there is no person to whom all or any part of the payments
    described in subdivision (1), (2), or (3) can be made, such payment
    or part thereof shall escheat to the credit of the Railroad
    Retirement Account.
      (6) For the purposes of this subsection and subsection (c) of
    this section, a widow or widower of an individual shall be deemed
    to have been living with the individual at the time of the
    individual's death if the applicable conditions set forth in
    section 216(h)(2) or (3) of the Social Security Act [42 U.S.C.
    416(h)(2) or (3)], as in effect before 1957, are fulfilled.
      (7) In determining for purposes of this subsection and
    subsections (c) and (d) of this section whether an applicant is the
    widow, widower, child, or parent of an employee as claimed, the
    rules set forth in section 216(h) of the Social Security Act [42
    U.S.C. 416(h)] shall be applied. In determining for purposes of
    this subsection and subsections (c) and (d) of this section whether
    an applicant is the grandchild, brother, or sister of an employee
    as claimed, the Board shall apply such law as would be applied in
    determining the devolution of intestate personal property by the
    courts of the State in which such employee was domiciled at the
    time of his death, or if such employee was not so domiciled in any
    State by the courts of the District of Columbia. Applicants who
    according to such law would have the same status relative to taking
    personal property as a grandchild, brother, or sister shall be
    deemed such.
    (b) Payments in accordance with Railroad Retirement Act of 1937 and
      Social Security Act
      (1) Upon the death of an individual who will have completed ten
    years of service prior to January 1, 1975, and will have had a
    current connection with the railroad industry at the time of his
    death, a lump-sum payment shall be made in accordance with the
    provisions of section 5(f)(1) of the Railroad Retirement Act of
    1937 [45 U.S.C. 228e(f)(1)] as in effect on December 31, 1974, in
    an amount, if any, which would have been payable under such section
    on the basis of (A) the individual's compensation after December
    31, 1936, and prior to January 1, 1975, and (B) the individual's
    wages (as defined in section 209 of the Social Security Act [42
    U.S.C. 409]) prior to January 1, 1975. Any lump sum payable under
    this subdivision shall be in an amount computed as if the
    individual had died on January 1, 1975. No lump sum shall be
    payable under this subdivision if the employee died leaving a
    surviving divorced wife who would on proper application therefore
    be entitled to receive an annuity under section 231a(d) of this
    title for the month in which the employee's death occurred.
      (2) Upon the death of an individual who will not have completed
    ten years of service prior to January 1, 1975, but who (i) will
    have completed ten years of service (or five or more years of
    service, all of which accrues after December 31, 1995) at the time
    of his death, (ii) will have had a current connection with the
    railroad industry at the time of his death, and (iii) will have
    died leaving no widow, surviving divorced wife, widower, child, or
    parent who would on proper application therefor be entitled to
    receive an annuity under section 231a(d) of this title for the
    month in which such death occurred, a lump-sum death payment shall
    be made in accordance with the provisions of section 202(i) of the
    Social Security Act [42 U.S.C. 402(i)] in an amount equal to the
    amount which would have been payable under such section 202(i) if
    such individual's service as an employee after December 31, 1936,
    were included in the term "employment" as defined in that Act. If a
    lump sum would be payable to a widow or widower under this
    subdivision except for the fact that a survivor will have been
    entitled to receive an annuity for the month in which the
    individual will have died, but within one year after the
    individual's death there will not have accrued to survivors of the
    individual, by reason of his death, annuities which, after all
    deductions pursuant to section 231a(g) and 231a(h) of this title,
    are equal to such lump sum, a payment equal to the amount by which
    such lump sum exceeds such annuities so accrued after such
    deductions shall then nevertheless be made under this subdivision
    to the widow or widower to whom a lump sum would have been payable
    under this subdivision except for the fact that a monthly benefit
    under section 231a(d) of this title was payable for the month in
    which the individual died, if such widow or widower will not have
    died before receiving payment of such lump sum.
    (c) Payments in the absence of further benefits
      (1) Whenever it shall appear, with respect to the death of an
    employee, that no benefits, or no further benefits (other than
    benefits payable to a widow, widower, or parent under either this
    subchapter or the Social Security Act [42 U.S.C. 301 et seq.] upon
    attaining the age of eligibility therefor at a future date) will be
    payable under this subchapter or under the Social Security Act, a
    lump sum in an amount computed under subdivision (2) of this
    subsection shall be paid to such person or persons as the deceased
    employee may have designated by a writing filed with the Board
    prior to his or her death, or if there be no designation, to the
    following person (or, if more than one, in equal shares to the
    persons) whose relationship to the deceased employee will have been
    determined by the Board and who will not have died before receiving
    payment of the lump sum provided for in this subdivision - 
        (i) the widow or widower of the deceased employee who was
      living with such employee at the time of such employee's death;
      or
        (ii) if there be no such widow or widower, to any child or
      children of such employee; or
        (iii) if there be no such widow, widower, or child, to any
      grandchild or grandchildren of such employee; or
        (iv) if there be no such widow, widower, child, or grandchild,
      to any parent or parents of such employee; or
        (v) if there be no such widow, widower, child, grandchild, or
      parent, to any brother or sister of such employee; or
        (vi) if there be no such widow, widower, child, grandchild,
      parent, brother, or sister, to the estate of such employee:

    Provided, however, That if the employee is survived by a widow,
    widower, or parent who may upon attaining the age of eligibility be
    entitled to benefits under this subchapter or under the Social
    Security Act, such lump sum shall not be paid unless such widow,
    widower, or parent makes and files with the Board an irrevocable
    election, in such form as the Board may prescribe, to have such
    lump sum be paid in lieu of all benefits to which such widow,
    widower, or parent might otherwise become entitled under this
    subchapter on the basis of the deceased employee's compensation and
    years of service or under the Social Security Act on the basis of
    the deceased employee's wages from (A) employment with an employer
    as defined in section 231(a) of this title or (B) service as an
    employee representative as defined in section 231(c) of this title.
    Any election made and filed by a widow, widower, or parent pursuant
    to this subdivision shall be legally effective according to its
    terms. After a lump sum with respect to the death of an employee is
    paid pursuant to an election filed with the Board under the
    provisions of this subsection, no further benefits shall be paid
    (other than to a survivor in the circumstances described in
    paragraph (3)) under this subchapter or the Social Security Act on
    the basis of such employee's compensation and service under this
    subchapter, except that nothing in this subchapter or the Social
    Security Act shall operate to deprive a widow, widower, or parent
    making such election of any insurance benefit under title II of the
    Social Security Act [42 U.S.C. 401 et seq.] to which such
    individual would have been entitled if the employee had not
    rendered service as an employee under this subchapter.
      (2) The lump sum provided under subdivision (1) of this
    subsection shall be in an amount equal to (A) the sum of 4 per
    centum of the deceased employee's compensation paid after December
    31, 1936, and prior to January 1, 1947, plus 7 per centum of such
    employee's compensation paid after December 31, 1946, and before
    January 1, 1959, plus 7 1/2  per centum of such employee's
    compensation paid after December 31, 1958, and before January 1,
    1962, plus 8 per centum of such employee's compensation paid after
    December 31, 1961, and before January 1, 1966, plus an amount equal
    to the total of all employee taxes payable by such employee after
    December 31, 1965, and before January 1, 1975, under the provisions
    of section 3201 of the Railroad Retirement Tax Act [26 U.S.C. 3201]
    (excluding, for this purpose, the amount of the employee tax
    attributable to that portion of the tax rate derived from section
    3101(b) of the Internal Revenue Code of 1986 [26 U.S.C. 3101(b)]),
    plus one-half of 1 per centum of the compensation on which such
    taxes were payable, deeming the compensation attributable to
    creditable military service after June 30, 1963, and before January
    1, 1975, to be taxable compensation, and one-half of the taxes
    payable by an employee representative under section 3211 of the
    Railroad Retirement Tax Act [26 U.S.C. 3211] to be employee taxes
    under section 3201 of such Act, minus (B) the sum of all benefits
    paid to such employee, and to others deriving from such employee,
    during his or her life, or to others by reason of his or her death,
    under this subchapter, the Railroad Retirement Act of 1937 [45
    U.S.C. 228a et seq.], or the Social Security Act [42 U.S.C. 301 et
    seq.] (excluding, for this purpose, payments to providers of
    services under section 231f(d) of this title or section 21 of the
    Railroad Retirement Act of 1937 [45 U.S.C. 228s-2], any
    supplemental annuity payments made to the employee under section
    231a(b) of this title or section 3(j) of the Railroad Retirement
    Act of 1937 [45 U.S.C. 228c(j)], any amounts by which that portion
    of the annuities provided the employee under section 231b(a) of
    this title or his spouse or divorced wife under section 231c(a) of
    this title were increased by reason of the employee's wages and
    self-employment income derived from employment and self-employment
    under the Social Security Act, that portion of the annuities
    provided the employee under section 231b(h) of this title or his
    spouse under section 231c(e) of this title, and so much of the
    benefits paid to the employee and to others deriving from him or
    her under the Social Security Act during his or her lifetime as
    would have been payable under that Act if such employee had not
    rendered service as an employee as defined in section 231(b) of
    this title). In computing compensation for purposes of this
    subdivision there shall be excluded compensation in excess of $300
    for any month before July 1, 1954; compensation in excess of $350
    for any month after June 30, 1954, and before June 1, 1959;
    compensation in excess of $400 for any month after May 31, 1959,
    and before November 1, 1963; compensation in excess of $450 for any
    month after October 31, 1963, and before October 1, 1965; and
    compensation in excess of (i) $450 or (ii) an amount equal to one-
    twelfth of the current maximum annual taxable "wages" as defined
    in section 3121 of the Internal Revenue Code of 1986 [26 U.S.C.
    3121], whichever is greater, for any month after September 30,
    1965.
      (3) Notwithstanding the last sentence of paragraph (1), benefits
    shall be paid to a survivor who - 
        (A) is a divorced wife; and
        (B) through administrative error received benefits otherwise
      precluded by the making of a lump sum payment under this section
      to a widow;

    if that divorced wife makes an election to repay to the Board the
    lump sum payment. The Board may withhold up to 10 percent of each
    benefit amount paid after October 21, 1998, toward such
    reimbursement. The Board may waive such repayment to the extent the
    Board determines it would cause an unjust financial hardship for
    the beneficiary.
    (d) Payments to recipients ineligible for certain other annuities
      (1) Every individual who will have completed ten years of service
    at the time of his retirement or death, but does not meet the
    qualifications for an annuity amount determined under the
    provisions of section 231b(h)(1) or 231b(h)(2) of this title,
    shall, at the time his annuity under section 231a(a)(1) of this
    title begins to accrue, be entitled to a lump sum in the amount
    provided under subdivision (2) of this subsection. If an individual
    otherwise eligible for a lump sum under this section dies before he
    becomes entitled to an annuity under section 231a(a)(1) of this
    title, or before he receives payment of such lump sum, such lump
    sum shall be payable to the person, if any, who is determined by
    the Board to be such individual's widow or widower and who will not
    have died before receiving payment of such lump sum. If there be no
    such widow or widower, such lump sum shall be payable to the
    children, grandchildren, parents, brothers and sisters, or the
    estate of the deceased individual in the same manner as if such
    lump sum were a lump sum payable under subsection (c)(1) of this
    section.
      (2) The lump sum provided under subdivision (1) of this
    subsection shall be in an amount equal to the sum of (A) 1.5 per
    centum of so much of such individual's combined earnings for any
    calendar year after 1950 and before 1954 as is in excess of $3,600,
    plus (B) 2 per centum of so much of such individual's combined
    earnings for any calendar year after 1953 and before 1957 as is in
    excess of $4,200, plus (C) 2.25 per centum of so much of such
    individual's combined earnings for any calendar year after 1956 and
    before 1959 as is in excess of $4,200, plus (D) 2.5 per centum of
    so much of such individual's combined earnings for the calendar
    year 1959 as is in excess of $4,800, plus (E) 3 per centum of so
    much of such individual's combined earnings for each of the
    calendar years 1960 and 1961 as is in excess of $4,800, plus (F)
    3.125 per centum of so much of such individual's combined earnings
    for the calendar year 1962 as is in excess of $4,800, plus (G)
    3.625 per centum of so much of such individual's combined earnings
    for any calendar year after 1962 and before 1966 as is in excess of
    $5,400, plus (H) 4.2 per centum of so much of such individual's
    combined earnings for the calendar year 1966 as is in excess of
    $6,600, plus (I) 4.4 per centum of so much of such individual's
    combined earnings for the calendar year 1967 as is in excess of
    $6,600, plus (J) 3.8 per centum of so much of such individual's
    combined earnings for the calendar year 1968 as is in excess of
    $7,800, plus (K) 4.2 per centum of so much of such individual's
    combined earnings for each of the calendar years 1969 and 1970 as
    is in excess of $7,800, plus (L) 4.6 per centum of so much of such
    individual's combined earnings for the calendar year 1971 as is in
    excess of $7,800, plus (M) 4.6 per centum of so much of such
    individual's combined earnings for the calendar year 1972 as is in
    excess of $9,000, plus (N) 4.85 per centum of so much of such
    individual's combined earnings for the calendar year 1973 as is in
    excess of $10,800, plus (O) 4.95 per centum of so much of such
    individual's combined earnings for the calendar year 1974 as is in
    excess of $13,200. For purposes of this subsection, the term
    "combined earnings" shall include "compensation" as defined in
    section 1(h) of the Railroad Retirement Act of 1937 [45 U.S.C.
    228a(h)], "wages" as defined in section 209 of the Social Security
    Act [42 U.S.C. 409], and "self-employment" income as defined in
    section 211(b) of the Social Security Act [42 U.S.C. 411(b)].
    (e) Additional lump sum payment in certain cases
      (1) Every individual who will have completed ten years of service
    (or five or more years of service, all of which accrues after
    December 31, 1995) at the time of his retirement or death, who will
    have received compensation in the nature of separation or severance
    pay on or after January 1, 1985, and who would have been credited
    with additional months of service pursuant to section 231b(i)(4) of
    this title except for the fact that such individual was not in an
    employment relation to one or more employers nor an employee
    representative in such months, shall, at the time his annuity under
    section 231a(a)(1) of this title begins to accrue, be entitled to a
    lump sum in the amount provided under subdivision (2) of this
    subsection. If the full amount of a lump sum under this subsection
    cannot be determined at the time an individual's annuity under
    section 231a(a)(1) of this title begins to accrue, such lump sum
    shall be payable at such time thereafter as such amount can be
    determined. If an individual otherwise eligible for a lump sum
    under this section dies before he becomes entitled to an annuity
    under section 231a(a)(1) of this title, or before he receives
    payment of such lump sum, such lump sum shall be payable to the
    person, if any, who is determined by the Board to be such
    individual's widow or widower and who will not have died before
    receiving payment of such lump sum. If there be no such widow or
    widower, such lump sum shall be payable to the children,
    grandchildren, parents, brothers and sisters, or the estate of the
    deceased individual in the same manner as if such lump sum were a
    lump sum payable under subsection (c)(1) of this section.
      (2) The lump sum provided under subdivision (l) (!1) of this
    subsection shall be in an amount equal to the product of (A) the
    compensation attributable to the additional months of service which
    would have been credited to the individual due to the receipt of
    payments in the nature of separation or severance pay pursuant to
    section 231b(i)(4) of this title if such individual had remained in
    an employment relation to one or more employers or had continued to
    be an employee representative and (B) the rate of tax, or rates of
    tax, imposed on the compensation described in clause (A) of this
    subdivision by section 3201(b) of the Internal Revenue Code of 1986
    [26 U.S.C. 3201(b)].


-SOURCE-
    (Aug. 29, 1935, ch. 812, Sec. 6, as restated June 24, 1937, ch.
    382, pt. I, 50 Stat. 307, as restated Pub. L. 93-445, title I, Sec.
    101, Oct. 16, 1974, 88 Stat. 1334; amended Pub. L. 97-35, title XI,
    Sec. 1121, Aug. 13, 1981, 95 Stat. 637; Pub. L. 98-76, title IV,
    Sec. 408, Aug. 12, 1983, 97 Stat. 435; Pub. L. 99-514, Sec. 2, Oct.
    22, 1986, 100 Stat. 2095; Pub. L. 100-647, title VII, Sec. 7301,
    Nov. 10, 1988, 102 Stat. 3776; Pub. L. 105-277, div. A, Sec. 101(f)
    [title VII, Sec. 709(a)], Oct. 21, 1998, 112 Stat. 2681-337, 2681-
    391; Pub. L. 107-90, title I, Sec. 103(i)(1), (4), Dec. 21, 2001,
    115 Stat. 882.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Social Security Act, referred to in subsec. (c), is act Aug.
    14, 1935, ch. 531, 49 Stat. 620, as amended, which is classified
    generally to chapter 7 (Sec. 301 et seq.) of Title 42, The Public
    Health and Welfare. Title II of the Social Security Act is
    classified generally to subchapter II (Sec. 401 et seq.) of chapter
    7 of Title 42. For complete classification of this Act to the Code,
    see section 1305 of Title 42 and Tables.
      The Railroad Retirement Act of 1937, referred to in subsec.
    (c)(2), is act Aug. 29, 1935, ch. 812, 49 Stat. 867, as amended
    generally by act June 24, 1937, ch. 382, part I, 50 Stat. 307,
    which was classified principally to subchapter III (Sec. 228a et
    seq.) of this chapter. The Railroad Retirement Act of 1937 was
    amended generally and redesignated the Railroad Retirement Act of
    1974 by Pub. L. 93-445, title I, Oct. 16, 1974, 88 Stat. 1305. The
    Railroad Retirement Act of 1974 is classified generally to this
    subchapter. For complete classification of these Acts to the Code,
    see Tables.
      Sections 1, 3, 5, and 21 of the Railroad Retirement Act of 1937,
    referred to in subsecs. (b)(1), (c)(2), and (d)(2), which were
    classified to sections 228a, 228c, 228e, and 228s-2 of this title,
    have been omitted from the Code.


-MISC1-
                                AMENDMENTS                            
      2001 - Subsec. (b)(2). Pub. L. 107-90, Sec. 103(i)(4), inserted
    "(or five or more years of service, all of which accrues after
    December 31, 1995)" after "but who (i) will have completed ten
    years of service".
      Subsec. (e)(1). Pub. L. 107-90, Sec. 103(i)(1), inserted "(or
    five or more years of service, all of which accrues after December
    31, 1995)" after "ten years of service".
      1998 - Subsec. (c)(1). Pub. L. 105-277, Sec. 101(f) [title VII,
    Sec. 709(a)(1)], inserted "(other than to a survivor in the
    circumstances described in paragraph (3))" after "no further
    benefits shall be paid" in last sentence.
      Subsec. (c)(3). Pub. L. 105-277, Sec. 101(f) [title VII, Sec.
    709(a)(2)], added par. (3).
      1988 - Subsec. (e). Pub. L. 100-647 added subsec. (e).
      1986 - Subsec. (c)(2). Pub. L. 99-514 substituted "Internal
    Revenue Code of 1986" for "Internal Revenue Code of 1954" wherever
    appearing.
      1983 - Subsec. (b)(1). Pub. L. 98-76 inserted provision that no
    lump sum shall be payable under this subdivision if employee died
    leaving a surviving divorced wife who would on proper application
    therefore be entitled to receive an annuity under section 231a(d)
    of this title for month in which employee's death occurred.
      1981 - Subsec. (a)(3). Pub L. 97-35, Sec. 1121(a), substituted
    "spouse or divorced wife of an individual but which will not have
    been paid at the time of such spouse's or divorced wife's death"
    for "spouse of an individual but which will not have been paid at
    the time of such spouse's death".
      Subsec. (b)(2)(iii). Pub. L. 97-35, Sec. 1121(b), substituted
    "widow, surviving divorced wife," for "widow,".
      Subsec. (c)(1). Pub. L. 97-35, Sec. 1121(c)(1), inserted
    provision that after a lump sum with respect to the death of an
    employee is paid pursuant to an election filed with the Board under
    the provisions of this subsection, no further benefits shall be
    paid under this subchapter or the Social Security Act on the basis
    of such employee's compensation and service under this subchapter,
    except that nothing in this subchapter or the Social Security Act
    shall operate to deprive a widow, widower, or parent making such
    election of any insurance benefit under title II of the Social
    Security Act to which such individual would have been entitled if
    the employee had not rendered service as an employee under this
    subchapter.
      Subsec. (c)(2). Pub. L. 97-35, Sec. 1121(c)(3), substituted
    "spouse or divorced wife" for "spouse".
      Pub. L. 97-35, Sec. 1121(c)(2), substituted "any supplemental
    annuity payments made to the employee under section 231a(b) of this
    title or section 3(j) of the Railroad Retirement Act of 1937, any
    amounts" for "any amounts".

                     EFFECTIVE DATE OF 2001 AMENDMENT                 
      Amendment by Pub. L. 107-90 effective Jan. 1, 2002, see section
    103(j) of Pub. L. 107-90, set out as a note under section 405 of
    Title 42, The Public Health and Welfare.

                     EFFECTIVE DATE OF 1998 AMENDMENT                 
      Pub. L. 105-277, div. A, Sec. 101(f) [title VII, Sec. 709(b)],
    Oct. 21, 1998, 112 Stat. 2681-337, 2681-391, provided that: "The
    amendment made by this section [amending this section] shall apply
    with respect to any benefits paid before the date of enactment of
    this Act [Oct. 21, 1998] as well as to benefits payable on or after
    the date of the enactment of this Act."

                     EFFECTIVE DATE OF 1981 AMENDMENT                 
      Amendment by section 1121(c)(1), (2) of Pub. L. 97-35 effective
    Jan 1, 1975, and amendment by other provisions of section 1121 of
    Pub. L. 97-35, effective Oct. 1, 1981, and applicable only with
    respect to annuities awarded on or after Oct. 1, 1981, see section
    1129 of Pub. L. 97-35, set out as a note under section 231 of this
    title.

-FOOTNOTE-
    (!1) So in original. Probably should be subdivision "(1)".


-End-



-CITE-
    45 USC Sec. 231f                                            01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 9 - RETIREMENT OF RAILROAD EMPLOYEES
    SUBCHAPTER IV - RAILROAD RETIREMENT ACT OF 1974

-HEAD-
    Sec. 231f. Railroad Retirement Board

-STATUTE-
    (a) Administration
      This subchapter shall be administered by the Railroad Retirement
    Board established by the Railroad Retirement Act of 1937 [45 U.S.C.
    228a et seq.] as an independent agency in the executive branch of
    the Government and composed of three members appointed by the
    President, by and with the advice and consent of the Senate. Each
    member shall hold office for a term of five years, except that any
    member appointed to fill a vacancy occurring prior to the
    expiration of the term for which his predecessor was appointed
    shall be appointed for the remainder of the term and any member
    holding office pursuant to appointment under the Railroad
    Retirement Act of 1937 when this subchapter becomes effective shall
    hold office until the term for which he was appointed under such
    Railroad Retirement Act of 1937 expires. One member shall be
    appointed from recommendations made by representatives of the
    employees and one member shall be appointed from recommendations
    made by representatives of employers as defined in paragraph (i) of
    section 231(a)(1) of this title, in both cases as the President
    shall direct, so as to provide representation on the Board
    satisfactory to the largest number, respectively, of employees and
    employers concerned. One member, who shall be the chairman of the
    Board, shall be appointed without recommendation by either
    employers or employees and shall not be in the employment of or be
    pecuniarily or otherwise interested in any employer or organization
    of employees. Vacancies in the Board shall not impair the powers or
    affect the duties of the Board or of the remaining members of the
    Board, of whom a majority of those in office shall constitute a
    quorum for the transaction of business. Upon the expiration of his
    term of office a member shall continue to serve until his successor
    is appointed and shall have qualified.
    (b) Powers and duties
      (1) The Board shall have and exercise all the duties and powers
    necessary to administer this subchapter. The Board shall take such
    steps as may be necessary to enforce such subchapter and make
    awards and certify payments. Decisions by the Board upon issues of
    law and fact relating to annuities or death benefits shall not be
    subject to review by any other administrative or accounting
    officer, agent, or employee of the United States.
      (2) In the case of - 
        (A) an individual who will have completed ten years of service
      (or five or more years of service, all of which accrues after
      December 31, 1995) creditable under this subchapter,
        (B) the wife or divorced wife or husband of such an individual,
        (C) any survivor of such an individual if such survivor is
      entitled, or could upon application become entitled, to an
      annuity under section 231a of this title, and
        (D) any other person entitled to benefits under title II of the
      Social Security Act [42 U.S.C. 401 et seq.] on the basis of the
      wages and self-employment income of such an individual (except a
      survivor of such an individual where such individual did not have
      a current connection with the railroad industry at the time of
      his death);

    the Board shall provide for the payment on behalf of the Managing
    Trustee of the Federal Old-Age and Survivors Insurance Trust Fund
    and the Federal Disability Insurance Trust Fund of monthly benefits
    payable under title II of the Social Security Act [42 U.S.C. 401 et
    seq.] which are certified by the Secretary to it for payment under
    the provisions of title II of the Social Security Act.
      (3) If the Board finds that an applicant is entitled to an
    annuity or death benefit under the provisions of this subchapter
    then the Board shall make an award fixing the amount of the annuity
    or benefit, as the case may be, and shall certify the payment
    thereof as hereinafter provided; otherwise the application shall be
    denied. For purposes of this section, the Board shall have and
    exercise such of the powers, duties and remedies provided in
    subsections (a), (b), (d), and (n) of section 12 of the Railroad
    Unemployment Insurance Act [45 U.S.C. 362] as are not inconsistent
    with the express provisions of this subchapter. The Board is
    authorized to delegate to any member, officer, or employee of the
    Board any of the powers conferred upon the Board by this
    subchapter, excluding only the power to prescribe rules and
    regulations, including the power to make decisions on applications
    for annuities or other benefits: Provided, however, That any person
    aggrieved by a decision on his application for an annuity or other
    benefit shall have the right to appeal to the Board. Notice of a
    decision of the Board, or of an employee thereof, shall be
    communicated to the applicant in writing within thirty days after
    such decision shall have been made.
      (4)(A) The Railroad Retirement Board, after consultation with the
    Board of Trustees of the National Railroad Retirement Investment
    Trust and the Secretary of the Treasury, shall enter into an
    arrangement with a nongovernmental financial institution to serve
    as disbursing agent for benefits payable under this subchapter who
    shall disburse consolidated benefits under this subchapter to each
    recipient. Pending the taking effect of that arrangement, benefits
    shall be paid as under the law in effect prior to December 21,
    2001.
      (B) The Board shall from time to time certify - 
        (i) to the Secretary of the Treasury the amounts required to be
      transferred from the Social Security Equivalent Benefit Account
      and the Dual Benefits Payments Account to the disbursing agent to
      make payments of benefits and the Secretary of the Treasury shall
      transfer those amounts;
        (ii) to the Board of Trustees of the National Railroad
      Retirement Investment Trust the amounts required to be
      transferred from the National Railroad Retirement Investment
      Trust to the disbursing agent to make payments of benefits and
      the Board of Trustees shall transfer those amounts; and
        (iii) to the disbursing agent the name and address of each
      individual entitled to receive a payment, the amount of such
      payment, and the time at which the payment should be made.

      (5) The Board shall establish and promulgate rules and
    regulations to provide for the adjustment of all controversial
    matters arising in the administration of this subchapter. All
    rules, regulations, or decisions of the Board shall require the
    approval of at least two members, and they shall be entered upon
    the records of the Board, which shall be a public record.
      (6) The Board shall gather, keep, compile, and publish in
    convenient form such records and data as may be necessary to assure
    proper administration of this subchapter, including subdivision (2)
    of this subsection. The Board shall have power to require all
    employers and employees and any officer, board, commission, or
    other agency of the United States to furnish such information and
    records as shall be necessary for the administration of this
    subchapter, including subdivision (2) of this subsection. The
    several district courts of the United States shall have
    jurisdiction upon suit by the Board to compel obedience to any
    order of the Board issued pursuant to this section. The orders,
    writs, and processes of the United States District Court for the
    District of Columbia in such suits may run and be served anywhere
    in the United States. Witnesses summoned before the Board shall be
    paid the same fees and mileage that are paid witnesses in the
    district courts of the United States. The Board shall make an
    annual report to the President of the United States to be submitted
    to Congress.
      (7) Notwithstanding any other provision of law, the Secretary of
    Health and Human Services shall furnish the Board certified reports
    of wages, self-employment income, and periods of service and of
    other records in his possession, or which he may secure, pertinent
    to the administration of this subchapter, the Railroad Unemployment
    Insurance Act [45 U.S.C. 351 et seq.],,(!1) the Milwaukee Railroad
    Restructuring Act [45 U.S.C. 901 et seq.], and the Rock Island
    Railroad Transition and Employee Assistance Act [45 U.S.C. 1001 et
    seq.]..(!1) The Board shall furnish the Secretary of Health and
    Human Services certified reports of records of compensation and
    periods of service reported to it pursuant to section 231h of this
    title, of determinations under section 231a of this title, and of
    other records in its possession, or which it may secure, pertinent
    to subsection (c) of this section or to the administration of the
    Social Security Act [42 U.S.C. 301 et seq.] as affected by section
    231q of this title. Such certified reports shall be conclusive in
    adjudication as to the matters covered therein: Provided, however,
    That if the Board or the Secretary of Health and Human Services
    receives evidence inconsistent with a certified report and the
    application involved is still in course of adjudication or
    otherwise open for such evidence such recertification of such
    report shall be made as, in the judgment of the Board or the
    Secretary of Health and Human Services, whichever made the original
    certification, the evidence warrants. Such recertification and any
    subsequent recertification shall be treated in the same manner and
    be subject to the same conditions as an original certification.

      (8) Any department or agency of the United States maintaining
    records of military service, at the request of the Board, shall
    certify to the Board, with respect to any individual, the number of
    months of military service which such department or agency finds
    the individual to have had during any period or periods with
    respect to which the Board's request is made, the date and manner
    of entry into such military service, and the conditions under which
    such service was continued. Any department or agency of the United
    States which is authorized to make awards of pensions, disability
    compensation, or any other gratuitous benefits or allowances
    payable, on the periodic basis or otherwise, under any other Act of
    Congress on the basis of military service, at the request of the
    Board, shall certify to the Board, with respect to any individual,
    the calendar months for all or part of which any such pension,
    compensation, benefit, or allowance is payable to, or with respect
    to, the individual, the amounts of any such pension, compensation,
    benefit, or allowance, and the military service on which such
    pension, compensation, benefit, or allowance is based. Any
    certification made pursuant to the provisions of this subdivision
    shall be conclusive on the Board: Provided, however, That if
    evidence inconsistent with any such certification is submitted, and
    the claim is in the course of adjudication or is otherwise open for
    such evidence, the Board shall refer such evidence to the
    department or agency which made the original certification and such
    department or agency shall make such recertification as in its
    judgment the evidence warrants. Such recertification, and any
    subsequent recertification, shall be conclusive, made in the same
    manner, and subject to the same conditions as an original
    certification.
      (9) The Board shall maintain such offices, provide such
    equipment, furnishings, supplies, services, and facilities, and
    employ such individuals and provide for their compensation and
    expenses as may be necessary for the proper discharge of its
    functions. All positions to which such individuals are appointed,
    except one administrative assistant to each member of the Board,
    shall be in and under the competitive civil service and shall not
    be removed or excepted therefrom. In the employment of such
    individuals under the civil service laws and rules the Board shall
    give preference over all others to individuals who have had
    experience in railroad service, if, in the judgment of the Board,
    they possess the qualifications necessary for the proper discharge
    of the duties of the positions to which they are to be appointed.
    For purposes of its administration of this subchapter or the
    Railroad Unemployment Insurance Act [45 U.S.C. 351 et seq.], or
    both, the Board may place, without regard to the numerical
    limitations contained in section 5108(c)(9) (!2) of title 5, four
    positions in grade GS-16 of the General Schedule established by
    that Act, four positions in grade GS-17 of such schedule, and one
    position in grade GS-18 of such schedule.

    (c) Sources of payments; adjustments
      (1) Benefit payments determined by the Board to be payable under
    this subchapter shall be made by the disbursing agent under
    subsection (b)(4) of this section from money transferred to it from
    the National Railroad Retirement Investment Trust or the Social
    Security Equivalent Benefit Account, as the case may be, except
    that payments of annuity amounts made under sections 231b(h),
    231c(e), and 231c(h) of this title and under sections 204(a)(3),
    204(a)(4), 206(3), and 207(3) of Public Law 93-445 shall be made by
    the disbursing agent under subsection (b)(4) of this section from
    money transferred to it from the Dual Benefits Payments Account. In
    any fiscal year, the total amounts paid under such sections shall
    not exceed the total sums appropriated to the Dual Benefits
    Payments Account for that fiscal year. The Board shall prescribe
    regulations for allocation of annuity amounts which would without
    regard to such regulations be payable under sections 231b(h),
    231c(e), and 231c(h) of this title and sections 204(a)(3),
    204(a)(4), 206(3), and 207(3) of Public Law 93-445 so that the sums
    appropriated to the Dual Benefits Payments Account for a fiscal
    year so far as practicable, are expended in equal monthly
    installments throughout such fiscal year, and are distributed so
    that recipients are paid annuity amounts which bear the same ratio
    to the annuity amounts such recipients would have received but for
    such regulations as the ratio of the total sums appropriated to pay
    such annuity amounts bear to the total sums necessary to pay such
    annuity amounts without regard to such regulations. Notwithstanding
    any other provision of law, the entitlement of an individual to an
    annuity amount under section 231b(h), 231c(e), or 231c(h) of this
    title or section 204(a)(3), 204(a)(4), 206(3), or 207(3) of Public
    Law 93-445 for any month in which the amount payable to such
    individual is allocated under the regulations prescribed by the
    Board under this subsection shall not exceed the amount so
    allocated for that month to such individual.
      (2) At the close of the fiscal year ending June 30, 1975, and
    each fiscal year thereafter, the Board and the Secretary of Health
    and Human Services shall determine the amounts, if any, which if
    added to or subtracted from the Federal Old-Age and Survivors
    Insurance Trust Fund, the Federal Disability Insurance Trust Fund,
    and the Federal Hospital Insurance Trust Fund would place each such
    Trust Fund in the same position in which it would have been if (A)
    service as an employee after December 31, 1936, had been included
    in the term "employment" as defined in the Social Security Act [42
    U.S.C. 301 et seq.] and in the Federal Insurance Contributions Act
    [26 U.S.C. 3101 et seq.] and (B) this subchapter had not been
    enacted. Such determination with respect to each such Trust Fund
    shall be made no later than June 15 following the close of the
    fiscal year. If, pursuant to any such determination, any amount is
    to be added to any such Trust Fund, the Board shall, within ten
    days after the determination, certify such amount to the Secretary
    of the Treasury for transfer from the Railroad Retirement Account
    to such Trust Fund. If, pursuant to any such determination, any
    amount is to be subtracted from any such Trust Fund, the Secretary
    of Health and Human Services shall, within ten days after the
    determination, certify such amount to the Secretary of the Treasury
    for transfer from such Trust Fund to the Railroad Retirement
    Account. Any amounts so certified shall further include interest
    (at the rate determined in subdivision (3) for the fiscal year
    under consideration) payable from the close of such fiscal year
    until the date of certification. The Secretary of the Treasury is
    authorized and directed to transfer to the Railroad Retirement
    Account from the Federal Old-Age and Survivors Insurance Trust
    Fund, the Federal Disability Insurance Trust Fund, or the Federal
    Hospital Insurance Trust Fund or to any such Trust Fund from the
    Railroad Retirement Account, as the case may be, such amounts as,
    from time to time, may be determined by the Board and the Secretary
    of Health and Human Services pursuant to the provisions of this
    subdivision and certified by the Board or the Secretary of Health
    and Human Services for transfer from any such Trust Fund or from
    the Railroad Retirement Account.
      (3) For purposes of subdivision (2), for any fiscal year, the
    rate of interest to be used shall be equal to the average rate of
    interest, computed as of May 31 preceding the close of such fiscal
    year, borne by all interest-bearing obligations of the United
    States then forming a part of the public debt; except that where
    such average rate is not a multiple of one-eighth of 1 per centum,
    the rate of interest shall be the multiple of one-eighth of 1 per
    centum next lower than such average rate.
      (4) After the end of each month beginning with the month of
    October 1983, the Board shall determine the net amount, if any,
    which if added to or subtracted from the Federal Old-Age and
    Survivors Insurance Trust Fund, the Federal Disability Insurance
    Trust Fund, and the Federal Hospital Insurance Trust Fund would,
    with respect to such month, place those Trust Funds, taken as a
    whole, in the same position in which they would have been if (A)
    service as an employee after December 31, 1936, had been included
    in the term "employment" as defined in the Social Security Act [42
    U.S.C. 301 et seq.] and in the Federal Insurance Contributions Act
    [26 U.S.C. 3101 et seq.], and (B) this subchapter had not been
    enacted. If for any month the net amount so determined would be
    subtracted from those Trust Funds, the Board shall, within ten days
    after the end of such month, report such amount to the Secretary of
    the Treasury for transfer from the general fund to the Railroad
    Retirement Account. Any amount so reported shall further include
    interest (at an annual rate equal to the rate of interest borne by
    a special obligation issued to the Railroad Retirement Account in
    the month in which the transfer is made to the Account) payable
    from the close of the month for which the transfer is made until
    the date of transfer. The Secretary of the Treasury is authorized
    and directed to transfer to the Railroad Retirement Account from
    the general fund such amounts as, from time to time, may be
    determined by the Board pursuant to the provisions of this
    subdivision and reported by the Board for transfer. For such
    purpose the Secretary of the Treasury is authorized to use as a
    public debt transaction the proceeds of the sale of any securities
    issued after August 12, 1983, under section 3102 of title 31, and
    the purpose for which securities may be issued under section 3102
    of title 31 are extended to include such purpose. Each such
    transfer shall be made by the Secretary of the Treasury within five
    days after a report of the amount to be transferred is received.
    Not later than December 31 following the close of each fiscal year
    beginning with the fiscal year ending September 30, 1984, the Board
    shall certify to the Secretary of the Treasury the total of all
    amounts transferred pursuant to the provisions of this subdivision
    for months in such fiscal year. Within ten days after a transfer,
    or transfers, pursuant to subdivision (2) for a particular fiscal
    year, the Board shall request the Secretary of the Treasury to
    retransfer from the Railroad Retirement Account to the general fund
    an amount equal to (A) the total of all amounts, exclusive of
    interest, transferred to such Account pursuant to the provisions of
    this subdivision for months in such fiscal year, plus (B) interest
    (at the rate determined in subdivision (3) for such fiscal year)
    payable with respect to each amount transferred for a month during
    such fiscal year from the close of the month for which the transfer
    of the amount was made until the date of retransfer of such amount.
    The Secretary of the Treasury is authorized and directed to
    retransfer from the Railroad Retirement Account to the general fund
    such amounts as, from time to time, may be determined by the Board
    pursuant to the provisions of the preceding sentence of this
    subdivision and reported by the Board for retransfer.
    (d) Hospital insurance benefits; certified beneficiaries;
      disability insurance benefits; services in Canada; exchange of
      information
      (1) The Board shall, for purposes of this subsection, have the
    same authority to determine the rights of individuals described in
    subdivision (2) to have payments made on their behalf for hospital
    insurance benefits consisting of inpatient hospital services,
    posthospital extended care services, home health services, hospice
    care, and outpatient hospital diagnostic services (all hereinafter
    referred to as "services") under section 226 [42 U.S.C. 426], and
    parts A and E of title XVIII [42 U.S.C. 1395c et seq., 1395x et
    seq.], of the Social Security Act as the Secretary of Health and
    Human Services has under such section and such parts with respect
    to individuals to whom such sections and such parts apply. For
    purposes of section 231g of this title, a determination with
    respect to the rights of an individual under this subsection shall,
    except in the case of a provider of services, be considered to be a
    decision with respect to an annuity.
      (2) Except as otherwise provided in this subsection, every person
    who - 
        (i) has attained age 65 and (A) is entitled to an annuity under
      this subchapter or (B) would be entitled to such an annuity had
      he ceased compensated service and, in the case of a spouse or
      divorced wife, had such spouse's husband or wife ceased
      compensated service or (C) bears a relationship to an employee
      which, by reason of section 231b(f)(2) of this title, has been,
      or would be, taken into account in calculating the amount of the
      annuity of such employee; or
        (ii) has not attained age 65 and (A) has been entitled to an
      annuity under section 231a of this title, or under the Railroad
      Retirement Act of 1937 [45 U.S.C. 228a et seq.] and section 231a
      of this title, or could have been includible in the computation
      of an annuity under section 231b(f)(2) of this title, for not
      less than 24 months and (B) could have been entitled for 24
      calendar months, and could currently be entitled, to monthly
      insurance benefits under section 223 of the Social Security Act
      [42 U.S.C. 423] or under section 202 of that Act [42 U.S.C. 402]
      on the basis of disability if service as an employee after
      December 31, 1936, had been included in the term "employment" as
      defined in that Act and if an application for disability benefits
      had been filed,

    shall be certified to the Secretary of Health and Human Services as
    a qualified railroad retirement beneficiary under section 226 of
    the Social Security Act [42 U.S.C. 426].
      (3) If an individual entitled to an annuity under paragraph (iv)
    or (v) of section 231a(a)(1) of this title would have been insured
    for disability insurance benefits as determined under section
    223(c)(1) of the Social Security Act [42 U.S.C. 423(c)(1)] at the
    time such annuity began, he shall be deemed, solely for purposes of
    paragraph (ii) of subdivision (2), to be entitled to a disability
    insurance benefit under section 223 of the Social Security Act for
    each month, and beginning with the first month, in which he would
    meet the requirements for entitlement to such a benefit, other than
    the requirement of being insured for disability insurance benefits,
    if service as an employee after December 31, 1936, had been
    included in the term "employment" as defined in the Social Security
    Act [42 U.S.C. 301 et seq.] and if an application for disability
    benefits had been filed.
      (4) The rights of individuals described in subdivision (2) of
    this subsection to have payment made on their behalf for the
    services referred to in subdivision (1) but provided in Canada
    shall be the same as those of individuals to whom section 226 [42
    U.S.C. 426] and part A of title XVIII [42 U.S.C. 1395c et seq.] of
    the Social Security Act apply, and this subdivision shall be
    administered by the Board as if the provisions of section 226 and
    part A of title XVIII of the Social Security Act were applicable,
    as if references to the Secretary of Health and Human Services were
    to the Board, as if references to the Federal Hospital Insurance
    Trust Fund were to the Railroad Retirement Account, as if
    references to the United States or a State included Canada or a
    subdivision thereof, and as if the provisions of sections
    1862(a)(4), 1863, 1864, 1868, 1869, 1874(b), and 1875 [42 U.S.C.
    1395y(a)(4), 1395z, 1395aa, 1395ee, 1395ff, 1395kk(b), 1395ll] were
    not included in such title. The payments for services herein
    provided for in Canada shall be made from the Railroad Retirement
    Account (in accordance with, and subject to, the conditions
    applicable under subsection (b) of this section, in making payment
    of other benefits) to the hospital, extended care facility, or home
    health agency providing such services in Canada to individuals to
    whom subdivision (2) of this subsection applies, but only to the
    extent that the amount of payments for services otherwise hereunder
    provided for an individual exceeds the amount payable for like
    services provided pursuant to the law in effect in the place in
    Canada where such services are furnished. For the purposes of
    section 231i of this title, any overpayment under this subdivision
    shall be treated as if it were an overpayment of an annuity.
      (5) The Board and the Secretary of Health and Human Services
    shall furnish each other with such information, records, and
    documents as may be considered necessary to the administration of
    this subsection or section 226 [42 U.S.C. 426], and part A of title
    XVIII [42 U.S.C. 1395c et seq.], of the Social Security Act.
    (e) Acceptance of gifts and bequests
      The Board is authorized to accept on behalf of the United States
    money gifts and bequests made unconditionally to the Railroad
    Retirement Account, to the Railroad Retirement Supplemental
    Account, or to the Railroad Unemployment Insurance Account, or to
    the Board, or any member, officer, or employee thereof, for the
    benefit of such accounts or any activity financed through such
    accounts. Any such gift accepted pursuant to the authority granted
    in this subsection shall be deposited in the specific account
    designated by the donor or, if the donor has made no such specific
    designation, in the Railroad Retirement Account.
    (f) Congressional copies of documents submitted or transmitted to
      President or Office of Management and Budget
      Whenever the Board submits or transmits any budget estimate,
    budget request, supplemental budget estimate, or other budget
    information, legislative recommendation, prepared testimony for
    congressional hearings, or comment on legislation to the President
    or to the Office of Management and Budget, it shall concurrently
    transmit a copy thereof to the Congress. No officer or agency of
    the United States shall have any authority to require the Board to
    submit its budget requests or estimates, legislative
    recommendations, prepared testimony for congressional hearings, or
    comments on legislation to any officer or agency of the United
    States for approval, comments, or review, prior to the submission
    of such recommendations, testimony, or comments to the Congress.

-SOURCE-
    (Aug. 29, 1935, ch. 812, Sec. 7, as restated June 24, 1937, ch.
    382, pt. I, 50 Stat. 307, as restated Pub. L. 93-445, title I, Sec.
    101, Oct. 16, 1974, 88 Stat. 1338; amended Pub. L. 96-88, title V,
    Sec. 509(b), Oct. 17, 1979, 93 Stat. 695; Pub. L. 96-101, Sec.
    10(h), Nov. 4, 1979, 93 Stat. 742; Pub. L. 96-254, title I, Sec.
    106(f), May 30, 1980, 94 Stat. 402, as amended Pub. L. 96-448,
    title VII, Sec. 701(b)(1), Oct. 14, 1980, 94 Stat. 1960; Pub. L. 96-
    265, title I, Sec. 103(a)(4), June 9, 1980, 94 Stat. 444; Pub. L.
    96-499, title IX, Sec. 930(r), Dec. 5, 1980, 94 Stat. 2633; Pub. L.
    97-35, title XI, Sec. 1122, Aug. 13, 1981, 95 Stat. 638; Pub. L. 97-
    248, title I, Sec. 122(a)(2), Sept. 3, 1982, 96 Stat. 356; Pub. L.
    98-76, title III, Sec. 301(a), title IV, Sec. 416, Aug. 12, 1983,
    97 Stat. 430, 436; Pub. L. 98-369, div. B, title III, Sec.
    2349(b)(2), July 18, 1984, 98 Stat. 1097; Pub. L. 105-33, title IV,
    Sec. 4002(f)(1), Aug. 5, 1997, 111 Stat. 329; Pub. L. 107-90, title
    I, Secs. 103(i)(2), 104(a)(2)(B), 106(a), 107(e), (f), Dec. 21,
    2001, 115 Stat. 882, 887, 889; Pub. L. 108-173, title I, Sec.
    101(e)(1), Dec. 8, 2003, 117 Stat. 2150.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Railroad Retirement Act of 1937, referred to in subsecs. (a)
    and (d)(2)(ii), is act Aug. 29, 1935, ch. 812, as amended generally
    by act June 24, 1937, ch. 382, part I, 50 Stat. 307, which was
    classified principally to subchapter III (Sec. 228a et seq.) of
    this chapter. The Railroad Retirement Act of 1937 was amended
    generally and redesignated the Railroad Retirement Act of 1974 by
    Pub. L. 93-445, title I, Oct. 16, 1974, 88 Stat. 1305. The Railroad
    Retirement Act of 1974 is classified generally to this subchapter.
    For complete classification of these Acts to the Code, see Tables.
      The Social Security Act, referred to in subsecs. (b)(2), (7),
    (c)(2), (4), and (d)(1), (3) to (5), is act Aug. 14, 1935, ch. 531,
    49 Stat. 620, as amended, which is classified generally to chapter
    7 (Sec. 301 et seq.) of Title 42, The Public Health and Welfare.
    Title II of the Social Security Act is classified generally to
    subchapter II (Sec. 401 et seq.) of chapter 7 of Title 42. Parts A
    and E of title XVIII of the Social Security Act are classified
    generally to Parts A (Sec. 1395c et seq.) and E (1395x et seq.),
    respectively, of subchapter XVIII of chapter 7 of Title 42. For
    complete classification of this Act to the Code, see section 1305
    of Title 42 and Tables.
      The Railroad Unemployment Insurance Act, referred to in subsec.
    (b)(7), (9), is act June 25, 1938, ch. 680, 52 Stat. 1094, as
    amended, which is classified principally to chapter 11 (Sec. 351 et
    seq.) of this title. For complete classification of this Act to the
    Code, see section 367 of this title and Tables.
      The Milwaukee Railroad Restructuring Act, referred to in subsec.
    (b)(7), is Pub. L. 96-101, Nov. 4, 1979, 93 Stat. 736, which is
    classified principally to chapter 18 (Sec. 901 et seq.) of this
    title. For complete classification of this Act to the Code, see
    Short Title note set out under section 901 of this title and
    Tables.
      The Rock Island Railroad Transition and Employee Assistance Act,
    referred to in subsec. (b)(7), is title I of Pub. L. 96-254, May
    30, 1980, 94 Stat. 399, which is classified principally to chapter
    19 (Sec. 1001 et seq.) of this title. For complete classification
    of this Act to the Code, see Short Title note set out under section
    1001 of this title and Tables.
      The civil service laws, referred to in subsec. (b)(9), are set
    forth in Title 5, Government Organization and Employees. See,
    particularly, section 3301 et seq. of Title 5.
      Section 5108(c)(9) of title 5, referred to in subsec. (b)(9), was
    repealed by Pub. L. 95-454, Sec. 414(a)(1)(A), Oct. 13, 1978, 92
    Stat. 1177.
      Sections 204, 206, and 207 of Pub. L. 93-445, referred to in
    subsec. (c)(1), are set out as part of a Transitional Provisions
    note under section 231 of this title.
      The Federal Insurance Contributions Act, referred to in subsec.
    (c)(2), (4), is act Aug. 16, 1954, ch. 736, Secs. 3101, 3102, 3111,
    3112, 3121 to 3128, 68A Stat. 415, which is classified generally to
    chapter 21 (Sec. 3101 et seq.) of Title 26, Internal Revenue Code.
    For complete classification of this Act to the Code, see section
    3128 of Title 26 and Tables.

-COD-
                               CODIFICATION                           
      As originally enacted, the third sentence of subsec. (b)(6) of
    this section contained words "and the District Court of the United
    States for the District of Columbia" after "the several district
    courts of the United States". The words "and the District Court of
    the United States for the District of Columbia" have been deleted
    entirely as superfluous in view of section 132(a) of Title 28,
    Judiciary and Judicial Procedure, which states that "There shall be
    in each judicial district a district court which shall be a court
    of record known as the United States District Court for the
    district" and section 88 of the Title 28 which states that "the
    District of Columbia constitutes one judicial district".
      In the fourth sentence of subsec. (b)(6) of this section, "United
    States District Court for the District of Columbia" substituted for
    "District Court of the United States for the District of Columbia"
    in conformity with similar changes made throughout the Code
    pursuant to section 32(b) of act June 25, 1948, ch. 646, as amended
    by act May 24, 1949, ch. 139, Sec. 127, 63 Stat. 107, which
    provided for such substitution to be made in all laws of the United
    States in force on September 1, 1948. See note captioned "Circuit
    Court of Appeals:" "Senior Circuit Judge," Etc. Defined, set out
    under section 451 of Title 28, Judiciary and Judicial Procedure.
      In subsec. (b)(9), "section 5108(c)(9) of title 5" substituted
    for "section 505 of the Classification Act of 1949, as amended", on
    authority of Pub. L. 89-554, Sec. 7(b), Sept. 6, 1966, 80 Stat.
    631, the first section of which enacted Title 5, Government
    Organization and Employees. Section 505 of the Classification Act
    of 1949 had enacted section 1105 of former Title 5, Executive
    Departments and Government Officers and Employees.
      August 12, 1983, referred to in subsec. (c)(4), was in the
    original "the date of enactment of this Act" which was translated
    as meaning the date of enactment of Pub. L. 98-76, which enacted
    subsec. (c)(4) of this section, to reflect the probable intent of
    Congress.


-MISC1-
                                AMENDMENTS                            
      2003 - Subsec. (d)(1). Pub. L. 108-173 substituted "parts A and
    E" for "parts A and D".
      2001 - Subsec. (b)(2)(A). Pub. L. 107-90, Sec. 103(i)(2),
    inserted "(or five or more years of service, all of which accrues
    after December 31, 1995)" after "ten years of service".
      Subsec. (b)(4). Pub. L. 107-90, Sec. 107(e), amended par. (4)
    generally. Prior to amendment, par. (4) read as follows: "The Board
    shall from time to time certify to the Secretary of the Treasury
    the name and address of each individual entitled to receive a
    payment, the amount of such payment, and the time at which it
    should be made, and the Secretary of the Treasury through the
    Fiscal Service of the Treasury Department, and prior to audit by
    the General Accounting Office, shall make payment in accordance
    with the certification by the Board."
      Subsec. (c)(1). Pub. L. 107-90, Sec. 107(f), substituted "by the
    disbursing agent under subsection (b)(4) of this section from money
    transferred to it from the National Railroad Retirement Investment
    Trust or the Social Security Equivalent Benefit Account, as the
    case may be" for "from the Railroad Retirement Account" and
    inserted "by the disbursing agent under subsection (b)(4) of this
    section from money transferred to it" after "Public Law 93-445
    shall be made".
      Pub. L. 107-90, Sec. 106(a), struck out "payments of supplemental
    annuities under section 231a(b) of this title shall be made from
    the Railroad Retirement Supplemental Account, and" before "payments
    of annuity amounts made under sections 231b(h),".
      Subsec. (d)(2)(i), (ii). Pub. L. 107-90, Sec. 104(a)(2)(B),
    substituted "section 231b(f)(2)" for "section 231b(f)(3)".
      1997 - Subsec. (d)(1). Pub. L. 105-33 substituted "parts A and D
    of title XVIII" for "parts A and C of title XVIII".
      1984 - Subsec. (d)(4). Pub. L. 98-369 struck out "1867," after
    "1864,".
      1983 - Subsec. (c)(4). Pub. L. 98-76, Sec. 301(a), added par.
    (4).
      Subsec. (f). Pub. L. 98-76, Sec. 416, added subsec. (f).
      1982 - Subsec. (d)(1). Pub. L. 97-248 inserted "hospice care,"
    after "home health services,".
      1981 - Subsec. (b)(2)(B). Pub. L. 97-35, Sec. 1122(a)(1),
    substituted "wife or divorced wife" for "wife".
      Subsec. (b)(7). Pub. L. 97-35, Sec. 1122(a)(2), inserted
    reference to the Railroad Unemployment Insurance Act.
      Subsec. (c)(1). Pub. L. 97-35, Sec. 1122(c), inserted provisions
    relating to payment of annuity amounts from the Dual Benefits
    Payments Account, authorization of Board to prescribe regulations
    for allocation of annuity amounts, and maximum limits on
    entitlement of an individual to an annuity amount.
      Subsec. (d)(2)(i)(C). Pub. L. 97-35, Sec. 1122(b)(2), added cl.
    (C).
      Pub. L. 97-35, Sec. 1122(b)(1), substituted "spouse or divorced
    wife" for "spouse".
      1980 - Subsec. (b)(7). Pub. L. 96-254, as amended by Pub. L. 96-
    448, inserted reference to the Rock Island Railroad Transition and
    Employee Assistance Act.
      Subsec. (d)(1). Pub. L. 96-499 substituted "home health services"
    for "posthospital home health services".
      Subsec. (d)(2)(ii). Pub. L. 96-265 substituted "24 months" and
    "24 calendar months" for "24 consecutive months" and "24
    consecutive calendar months", respectively.
      1979 - Subsec. (b)(7). Pub. L. 96-101 substituted
    "Notwithstanding any other provision of law, the Secretary" for
    "The Secretary" and inserted "and the Milwaukee Railroad
    Restructuring Act" after "administration of this subchapter".

-CHANGE-
                              CHANGE OF NAME                          
      "Secretary of Health and Human Services" substituted for
    "Secretary of Health, Education, and Welfare" in subsecs. (b)(7),
    (c)(2), and (d)(4) and (5) pursuant to section 509(b) of Pub. L. 96-
    88, which is classified to section 3508(b) of Title 20, Education.


-MISC2-
                     EFFECTIVE DATE OF 2001 AMENDMENT                 
      Amendment by section 103(i) of Pub. L. 107-90 effective Jan. 1,
    2002, see section 103(j) of Pub. L. 107-90, set out as a note under
    section 405 of Title 42, The Public Health and Welfare.
      Amendment by section 104(a) of Pub. L. 107-90 effective Jan. 1,
    2002, and applicable to annuity amounts accruing for months after
    Dec. 2001, see section 104(c) of Pub. L. 107-90, set out as a note
    under section 231b of this title.
      Amendment by section 106(a) of Pub. L. 107-90 effective Jan. 1,
    2002, see section 106(e)(1) of Pub. L. 107-90, set out as a note
    under section 231n of this title.

                     EFFECTIVE DATE OF 1984 AMENDMENT                 
      Amendment by Pub. L. 98-369 effective July 18, 1984, see section
    2349(c) of Pub. L. 98-369, set out as a note under section 907a of
    Title 42, The Public Health and Welfare.

                     EFFECTIVE DATE OF 1983 AMENDMENT                 
      Section 301(c)(1) of Pub. L. 98-76 provided that: "The amendment
    made by subsection (a) of this section [amending this section]
    shall be effective on October 1, 1983."

                     EFFECTIVE DATE OF 1982 AMENDMENT                 
      Amendment by Pub. L. 97-248 applicable to hospice care provided
    on or after Nov. 1, 1983, see section 122(h)(1)(A) of Pub. L. 97-
    248, as amended, set out as a note under section 1395c of Title
    42, The Public Health and Welfare.

                     EFFECTIVE DATE OF 1981 AMENDMENT                 
      Amendment by section 1122(a)(2), (b)(1), (c) of Pub. L. 97-35
    effective Oct. 1, 1981, and amendment by other provisions of
    section 1122 of Pub. L. 97-35 effective Oct. 1, 1981, and
    applicable only with respect to annuities awarded on or after Oct.
    1, 1981, see section 1129 of Pub. L. 97-35, set out as a note under
    section 231 of this title.

                     EFFECTIVE DATE OF 1980 AMENDMENTS                 
      Amendment by Pub. L. 96-499 effective with respect to services
    furnished on or after July 1, 1981, see section 930(s)(1) of Pub.
    L. 96-499, set out as a note under section 1395x of Title 42, The
    Public Health and Welfare.
      Amendment by Pub. L. 96-448 effective Oct. 14, 1980, see section
    710(d) of Pub. L. 96-448, set out as a note under section 1170 of
    Title 11, Bankruptcy.
      Amendment by Pub. L. 96-265 applicable with respect to hospital
    insurance or supplementary medical insurance benefits for services
    provided on or after first day of sixth month which begins after
    June 9, 1980, see section 103(c) of Pub. L. 96-265, set out as a
    note under section 426 of Title 42, The Public Health and Welfare.

                              EFFECTIVE DATE                          
      Section 602(e) of Pub. L. 93-445 provided that: "The provisions
    of section 7(e) of the Railroad Retirement Act of 1974 [subsec. (e)
    of this section] shall be effective on the enactment date of this
    Act [Oct. 16, 1974] and shall apply with respect to all gifts and
    bequests covered thereunder, regardless of the date on which such
    gifts or bequests were made."

                                  REPEALS                              
      Section 106(f) of Pub. L. 96-254, cited as a credit to this
    section, was omitted in the complete revision of section 106 of
    Pub. L. 96-254 by Pub. L. 97-468, title II, Sec. 231, Jan. 14,
    1983, 96 Stat. 2543.


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      "Fiscal Service" substituted for "Division of Disbursements" in
    subsec. (b)(4) on authority of section 1(a)(1) of 1940 Reorg. Plan
    No. III, eff. June 30, 1940, 5 F.R. 2107, 54 Stat. 1231, set out in
    the Appendix to Title 5, Government Organization and Employees,
    which consolidated such division into Fiscal Service of Treasury
    Department. See section 306 of Title 31, Money and Finance.


-MISC3-
               LIMITATION ON THE OFFICE OF INSPECTOR GENERAL           
      Pub. L. 105-277, div. A, Sec. 101(f) [title IV], Oct. 21, 1998,
    112 Stat. 2681-337, 2681-381, provided in part: "That none of the
    funds made available under this heading in this Act [probably means
    the Departments of Labor, Health and Human Services, and Education,
    and Related Agencies Appropriations Act, 1999, Pub. L. 105-277,
    div. A, Sec. 101(f), Oct. 21, 1998, 112 Stat. 2681-337, see Tables
    for classification], or subsequent Departments of Labor, Health and
    Human Services, and Education, and Related Agencies Appropriations
    Acts, may be used for any audit, investigation, or review of the
    Medicare Program."
      Similar provisions were contained in the following prior
    appropriation acts:
      Pub. L. 105-78, title IV, Nov. 13, 1997, 111 Stat. 1512.
      Pub. L. 104-208, div. A, title I, Sec. 101(e) [title IV], Sept.
    30, 1996, 110 Stat. 3009-233, 3009-268.

          REFERENCES IN OTHER LAWS TO GS-16, 17, OR 18 PAY RATES      
      References in laws to the rates of pay for GS-16, 17, or 18, or
    to maximum rates of pay under the General Schedule, to be
    considered references to rates payable under specified sections of
    Title 5, Government Organization and Employees, see section 529
    [title I, Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note
    under section 5376 of Title 5.


-EXEC-
                     DELEGATION OF REPORTING AUTHORITY                 
      Memorandum of President of the United States, Feb. 9, 2005, 70
    F.R. 7631, provided:
      Memorandum for the Chairman of the Railroad Retirement Board
      By the authority vested in me as President by the Constitution
    and the laws of the United States, including section 301 of title
    3, United States Code, I hereby delegate to you the functions and
    authority conferred upon the President by section 7(b)(6) of the
    Railroad Retirement Act [of 1974, 45 U.S.C. 231f(b)(6)] and section
    12(l) of the Railroad Unemployment Insurance Act [45 U.S.C. 362(l)]
    to provide the specified report to the Congress.
      You are authorized and directed to publish this memorandum in the
    Federal Register.
                                                         George W. Bush.

-FOOTNOTE-
    (!1) So in original.

    (!2) See References in Text note below.


-End-



-CITE-
    45 USC Sec. 231f-1                                          01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 9 - RETIREMENT OF RAILROAD EMPLOYEES
    SUBCHAPTER IV - RAILROAD RETIREMENT ACT OF 1974

-HEAD-
    Sec. 231f-1. Annual actuarial report

-STATUTE-
      As part of the annual report required under section 231u(a) of
    this title, the Railroad Retirement Board shall submit to the
    Congress a report on the actuarial status of the railroad
    retirement system under various economic and employment
    assumptions. Such report shall include any recommendation for
    financing changes which might be advisable, including - 
        (1) any adjustment the Railroad Retirement Board recommends
      regarding the rates of taxes imposed by sections 3201(b),
      3211(a)(2), and 3221(b) of the Internal Revenue Code of 1986 [26
      U.S.C. 3201(b), 3211(a)(2), 3221(b)], and
        (2) if there are sufficient reserves in the Railroad Retirement
      Account, whether - 
          (A) the rates of such taxes should be reduced, or
          (B) any part of the tax imposed by section 3221(b) of such
        Code should be diverted to the Railroad Unemployment Insurance
        Account to aid in the repayment of its debt to the Railroad
        Retirement Account.

-SOURCE-
    (Pub. L. 98-76, title V, Sec. 502, Aug. 12, 1983, 97 Stat. 440;
    Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 104-
    66, title II, Sec. 2221(a), Dec. 21, 1995, 109 Stat. 733.)

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Railroad Retirement Solvency
    Act of 1983, and not as part of the Railroad Retirement Act of 1974
    which comprises this subchapter.


-MISC1-
                                AMENDMENTS                            
      1995 - Pub. L. 104-66 which directed the amendment of this
    section by substituting "As part of the annual report required
    under section 231u(a) of this title" for "On or before July 1,
    1985, and each calendar year thereafter", was executed by making
    the substitution for "On or before July 1 of 1985, and of each
    calendar year thereafter", to reflect the probable intent of
    Congress.
      1986 - Par. (1). Pub. L. 99-514 substituted "Internal Revenue
    Code of 1986" for "Internal Revenue Code of 1954".

-End-



-CITE-
    45 USC Sec. 231g                                            01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 9 - RETIREMENT OF RAILROAD EMPLOYEES
    SUBCHAPTER IV - RAILROAD RETIREMENT ACT OF 1974

-HEAD-
    Sec. 231g. Court jurisdiction

-STATUTE-
      Decisions of the Board determining the rights or liabilities of
    any person under this subchapter shall be subject to judicial
    review in the same manner, subject to the same limitations, and all
    provisions of law shall apply in the same manner as though the
    decision were a determination of corresponding rights or
    liabilities under the Railroad Unemployment Insurance Act [45
    U.S.C. 351 et seq.] except that the time within which proceedings
    for the review of a decision with respect to an annuity,
    supplemental annuity, or lump-sum benefit may be commenced shall be
    one year after the decision will have been entered upon the records
    of the Board and communicated to the claimant.

-SOURCE-
    (Aug. 29, 1935, ch. 812, Sec. 8, as restated June 24, 1937, ch.
    382, pt. I, 50 Stat. 307, as restated Pub. L. 93-445, title I, Sec.
    101, Oct. 16, 1974, 88 Stat. 1343.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Railroad Unemployment Insurance Act, referred to in text, is
    act June 25, 1938, ch. 680, 52 Stat. 1094, as amended, which is
    classified principally to chapter 11 (Sec. 351 et seq.) of this
    title. For complete classification of this Act to the Code, see
    section 367 of this title and Tables.

-End-



-CITE-
    45 USC Sec. 231h                                            01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 9 - RETIREMENT OF RAILROAD EMPLOYEES
    SUBCHAPTER IV - RAILROAD RETIREMENT ACT OF 1974

-HEAD-
    Sec. 231h. Returns of compensation; conclusiveness

-STATUTE-
      Employers shall file with the Board, in such manner and form and
    at such times as the Board by rules and regulations may prescribe,
    returns of compensation of employees, and, if the Board shall so
    require, shall furnish employees with statements of their
    compensation as reported to the Board. The Board's record of the
    compensation so returned shall be conclusive as to the amount of
    compensation paid to an employee during each period covered by the
    return, and the fact that the Board's records show that no return
    was made of the compensation claimed to have been paid to an
    employee during a particular period shall be taken as conclusive
    that no compensation was paid to such employee during that period,
    unless the error in the amount of compensation returned in the one
    case, or the failure to make return of the compensation in the
    other case, is called to the attention of the Board within four
    years after the day on which return of the compensation was
    required to be made.

-SOURCE-
    (Aug. 29, 1935, ch. 812, Sec. 9, as restated June 24, 1937, ch.
    382, pt. I, 50 Stat. 307, as restated Pub. L. 93-445, title I, Sec.
    101, Oct. 16, 1974, 88 Stat. 1343.)

-End-



-CITE-
    45 USC Sec. 231i                                            01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 9 - RETIREMENT OF RAILROAD EMPLOYEES
    SUBCHAPTER IV - RAILROAD RETIREMENT ACT OF 1974

-HEAD-
    Sec. 231i. Erroneous payments

-STATUTE-
    (a) Recovery
      If the Board finds that at any time more than the correct amount
    of annuities or other benefits has been paid to any individual
    under this subchapter, or payment has been made to an individual
    not entitled thereto, recovery by adjustment in subsequent payments
    to which such individual, or any other individual on the basis of
    the same compensation, wages, or self-employment income, is
    entitled under this subchapter, or the Railroad Unemployment
    Insurance Act [45 U.S.C. 351 et seq.] may, except as otherwise
    provided in this section, be made under regulations prescribed by
    the Board. If the individual to whom more than the correct amount
    has been paid dies before recovery is completed, recovery may be
    made by setoff or adjustments, under regulations prescribed by the
    Board, in subsequent payments due, under this subchapter, or the
    Railroad Unemployment Insurance Act, to the estate of such
    individual or to any person on the basis of the compensation,
    wages, or self-employment income of such individual. The Board
    shall have the authority to recover from any payment which would be
    made to an individual by the Board under section 231f(b)(2) of this
    title the amount of annuity payments made to such individual which
    are erroneous because of such individual's entitlement to monthly
    insurance benefits under title II of the Social Security Act [42
    U.S.C. 401 et seq.].
    (b) Adjustments
      Adjustments under this section may be made either by deductions
    from subsequent payments or, with respect to payments which are to
    be made during a lifetime or lifetimes, by subtracting the total
    amount of annuities or other benefits paid in excess of the proper
    amount from the actuarial value, as determined by the Board, of
    such payments to be made during a lifetime or lifetimes and
    recertifying such payments on the basis of the reduced actuarial
    value. In the latter case, recovery shall be deemed to have been
    completed upon such recertification.
    (c) Decision not to recover
      There shall be no recovery in any case in which more than the
    correct amount of annuities or other benefits has been paid under
    this subchapter to an individual or payment has been made to an
    individual not entitled thereto who, in the judgment of the Board,
    is without fault when, in the judgment of the Board, recovery would
    be contrary to the purpose of this subchapter or the Railroad
    Unemployment Insurance Act [45 U.S.C. 351 et seq.] or would be
    against equity or good conscience.
    (d) Liability of officers
      No certifying or disbursing officer shall be held liable for any
    amount certified or paid by him in good faith to any person where
    the recovery of such amount is waived under subsection (c) of this
    section or has been begun but cannot be completed under subsection
    (a) of this section.

-SOURCE-
    (Aug. 29, 1935, ch. 812, Sec. 10, as restated June 24, 1937, ch.
    382, pt. I, 50 Stat. 307, as restated Pub. L. 93-445, title I, Sec.
    101, Oct. 16, 1974, 88 Stat. 1344; amended Pub. L. 97-35, title XI,
    Sec. 1123, Aug. 13, 1981, 95 Stat. 638.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Railroad Unemployment Insurance Act, referred to in subsecs.
    (a) and (c), is act June 25, 1938, ch. 680, 52 Stat. 1094, as
    amended, which is classified principally to chapter 11 (Sec. 351 et
    seq.) of this title. For complete classification of this Act to the
    Code, see section 367 of this title and Tables.
      The Social Security Act, referred to in subsec. (a), is act Aug.
    14, 1935, ch. 531, 49 Stat. 620, as amended. Title II of the Social
    Security Act is classified generally to subchapter II (Sec. 401 et
    seq.) of chapter 7 of Title 42, The Public Health and Welfare. For
    complete classification of this Act to the Code, see section 1305
    of Title 42 and Tables.


-MISC1-
                                AMENDMENTS                            
      1981 - Subsec. (a). Pub. L. 97-35 inserted provisions authorizing
    Board to recover from any payment which would be made to an
    individual by Board under section 231f(b)(2) of this title amount
    of annuity payments made to such individual which are erroneous
    because of such individual's entitlement to monthly insurance
    benefits under title II of the Social Security Act.

                     EFFECTIVE DATE OF 1981 AMENDMENT                 
      Amendment by Pub. L. 97-35 effective Jan. 1, 1975, see section
    1129 of Pub. L. 97-35, set out as a note under section 231 of this
    title.

-End-



-CITE-
    45 USC Sec. 231j                                            01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 9 - RETIREMENT OF RAILROAD EMPLOYEES
    SUBCHAPTER IV - RAILROAD RETIREMENT ACT OF 1974

-HEAD-
    Sec. 231j. Waiver of annuities

-STATUTE-
      Any person awarded an annuity under this subchapter may decline
    to accept all or any part of such annuity by a waiver signed and
    filed with the Board. Such a waiver may be revoked in writing at
    any time, but no payment of the annuity waived shall be made
    covering the period during which such waiver was in effect. Such a
    waiver will have no effect on entitlement to, or the amount of, any
    other annuity or benefit.

-SOURCE-
    (Aug. 29, 1935, ch. 812, Sec. 11, as restated June 24, 1937, ch.
    382, pt. I, 50 Stat. 307, as restated Pub. L. 93-445, title I, Sec.
    101, Oct. 16, 1974, 88 Stat. 1344.)

-End-



-CITE-
    45 USC Sec. 231k                                            01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 9 - RETIREMENT OF RAILROAD EMPLOYEES
    SUBCHAPTER IV - RAILROAD RETIREMENT ACT OF 1974

-HEAD-
    Sec. 231k. Incompetence

-STATUTE-
      (a) Every individual receiving or claiming benefits, or to whom
    any right or privilege is extended, under this subchapter or any
    other Act of Congress now or hereafter administered, in whole or in
    part, by the Board shall be conclusively presumed to have been
    competent until the date on which the Board receives written
    notice, in a form and manner acceptable to the Board, that he is an
    incompetent, or a minor, for whom a guardian or other person
    legally vested with the care of his person or estate has been
    appointed: Provided, however, That, regardless of the legal
    competency or incompetency of an individual entitled to a benefit
    administered by the Board, the Board may, if it finds the interest
    of such individual to be served thereby, recognize actions by, and
    conduct transactions with, and make payments to, such individual,
    or recognize actions by, and conduct transactions with, and make
    payments to, a relative or some other person for such individual's
    use and benefit.
      (b) Every guardian or other person legally vested with the care
    of the person or estate of an incompetent or minor who is receiving
    or claiming benefits, or to whom any right or privilege is
    extended, under this subchapter or any other Act of Congress now or
    hereafter administered, in whole or in part, by the Board shall
    have power everywhere, in the manner and to the extent prescribed
    by the Board, but subject to the provisions of the preceding
    subsection, to take any action necessary or appropriate to perfect
    any right or exercise any privilege of the incompetent or minor and
    to conduct all transactions on his behalf under this subchapter or
    any other Act of Congress now or hereafter administered, in whole
    or in part, by the Board. Any payment made pursuant to the
    provisions of this section shall be a complete settlement and
    satisfaction of any claim, right, or interest in and to such
    payment.

-SOURCE-
    (Aug. 29, 1935, ch. 812, Sec. 12, as restated June 24, 1937, ch.
    382, pt. I, 50 Stat. 307, as restated Pub. L. 93-445, title I, Sec.
    101, Oct. 16, 1974, 88 Stat. 1345.)

-End-



-CITE-
    45 USC Sec. 231l                                            01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 9 - RETIREMENT OF RAILROAD EMPLOYEES
    SUBCHAPTER IV - RAILROAD RETIREMENT ACT OF 1974

-HEAD-
    Sec. 231l. Penalties

-STATUTE-
      (a) Any person who shall knowingly fail or refuse to make any
    report or furnish any information required by the Board in the
    administration of this subchapter, including the provisions of
    section 231f(b)(2) of this title or who shall knowingly make or
    cause to be made any false or fraudulent statement or report when a
    statement or report is required to be made for the purpose of this
    subchapter, or who shall knowingly make or aid in making any false
    or fraudulent statement or claim for the purpose of causing an
    award or payment to be made, shall be punished by a fine of not
    more than $10,000 or by imprisonment not exceeding one year, or
    both.
      (b) All fines and penalties imposed by a court pursuant to this
    subchapter shall be paid to the court and be remitted from time to
    time by order of the judge to the Treasury of the United States to
    be credited to the Railroad Retirement Account.

-SOURCE-
    (Aug. 29, 1935, ch. 812, Sec. 13, as restated June 24, 1937, ch.
    382, pt. I, 50 Stat. 307, as restated Pub. L. 93-445, title I, Sec.
    101, Oct. 16, 1974, 88 Stat. 1345.)

-End-



-CITE-
    45 USC Sec. 231m                                            01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 9 - RETIREMENT OF RAILROAD EMPLOYEES
    SUBCHAPTER IV - RAILROAD RETIREMENT ACT OF 1974

-HEAD-
    Sec. 231m. Assignability; exemption from levy

-STATUTE-
      (a) Except as provided in subsection (b) of this section and the
    Internal Revenue Code of 1986 [26 U.S.C. 1 et seq.],
    notwithstanding any other law of the United States, or of any
    State, territory, or the District of Columbia, no annuity or
    supplemental annuity shall be assignable or be subject to any tax
    or to garnishment, attachment, or other legal process under any
    circumstances whatsoever, nor shall the payment thereof be
    anticipated (!1)

      (b)(1) This section shall not operate to exclude the amount of
    any supplemental annuity paid to an individual under section
    231a(b) of this title from income taxable pursuant to the Federal
    income tax provisions of the Internal Revenue Code of 1986 [26
    U.S.C. 1 et seq.].
      (2) This section shall not operate to prohibit the
    characterization or treatment of that portion of an annuity under
    this subchapter which is not computed under section 231b(a),
    231c(a), or 231c(f) of this title, or any portion of a supplemental
    annuity under this subchapter, as community property for the
    purposes of, or property subject to, distribution in accordance
    with a court decree of divorce, annulment, or legal separation or
    the terms of any court-approved property settlement incident to any
    such court decree. The Board shall make payments of such portions
    in accordance with any such characterization or treatment or any
    such decree or settlement.

-SOURCE-
    (Aug. 29, 1935, ch. 812, Sec. 14, as restated June 24, 1937, ch.
    382, pt. I, 50 Stat. 307, as restated Pub. L. 93-445, title I, Sec.
    101, Oct. 16, 1974, 88 Stat. 1345; amended Pub. L. 98-76, title IV,
    Sec. 419(a), Aug. 12, 1983, 97 Stat. 438; Pub. L. 99-514, Sec. 2,
    Oct. 22, 1986, 100 Stat. 2095.)


-MISC1-
                                AMENDMENTS                            
      1986 - Subsecs. (a), (b)(1). Pub. L. 99-514 substituted "Internal
    Revenue Code of 1986" for "Internal Revenue Code of 1954".
      1983 - Subsec. (a). Pub. L. 98-76, Sec. 419(a)(1), substituted
    "(a) Except as provided in subsection (b) of this section and the
    Internal Revenue Code of 1954, notwithstanding" for
    "Notwithstanding".
      Subsec. (b)(1). Pub. L. 98-76, Sec. 419(a)(2), substituted
    "(b)(1) This" for ": Provided, however, That the provisions of
    this".
      Subsec. (b)(2). Pub. L. 98-76, Sec. 419(a)(3), added par. (2).

                     EFFECTIVE DATE OF 1983 AMENDMENT                 
      Section 419(b) of Pub. L. 98-76 provided that: "The amendments
    made by this section [amending this section] shall apply with
    respect to annuity amounts payable for months beginning after the
    date of the enactment of this Act [Aug. 12, 1983]."

-FOOTNOTE-               

    (!1) So in original. Probably should be followed by a period.


-End-



-CITE-
    45 USC Sec. 231n                                            01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 9 - RETIREMENT OF RAILROAD EMPLOYEES
    SUBCHAPTER IV - RAILROAD RETIREMENT ACT OF 1974

-HEAD-
    Sec. 231n. Railroad Retirement Account

-STATUTE-
    (a) Maintenance of account; authorization of appropriations
      The Railroad Retirement Account established by section 15(a) of
    the Railroad Retirement Act of 1937 [45 U.S.C. 228o(a)] shall
    continue to be maintained in the Treasury of the United States.
    There is hereby appropriated to such Account for each fiscal year,
    beginning with the fiscal year ending June 30, 1975, to provide for
    the payment of benefits to be made from such Account in accordance
    with the provisions of section 231f(c)(1) of this title, and to
    provide for expenses necessary for the Board in the administration
    of all provisions of this subchapter, an amount equal to amounts
    covered into the Treasury (minus refunds) during each fiscal year
    under the Railroad Retirement Tax Act [26 U.S.C. 3201 et seq.].
    (b) Authorization of appropriations; military service costs and
      administrative expenses
      In addition to the amount appropriated in subsection (a) of this
    section, there is hereby authorized to be appropriated to the
    Railroad Retirement Account for each fiscal year, beginning with
    the fiscal year ending June 30, 1975, such amount as the Board
    determines to be necessary to meet (A) the additional costs,
    resulting from the crediting of military service under this
    subchapter, of benefits payable under section 231a of this title,
    but only to the extent that such Account is not reimbursed for such
    costs under section 231f(c)(2) of this title, (B) the additional
    administrative expenses resulting from the crediting of military
    service under this subchapter, and (C) any loss in interest to such
    Account resulting from the payment of additional benefits based on
    military service credited under this subchapter: Provided, however,
    That, in determining the amount to be appropriated to the Railroad
    Retirement Account for any fiscal year pursuant to the provisions
    of this subsection, there shall not be considered any costs
    resulting from the crediting of military service under this
    subchapter for which appropriations to such Account have already
    been made pursuant to section 4(l) of the Railroad Retirement Act
    of 1937 [45 U.S.C. 228c-1(l)]. Any determination as to loss in
    interest to the Railroad Retirement Account pursuant to clause (C)
    of the first sentence of this subsection shall take into account
    interest from the date each annuity based, in part, on military
    service began to accrue or was increased to the date or dates on
    which the amount appropriated is credited to the Account. The cost
    resulting from the payment of additional benefits under this
    subchapter based on military service determined pursuant to the
    preceding provisions of this subsection shall be adjusted by
    applying thereto the ratio of the total net level cost of all
    benefits under this subchapter to the portion of such net level
    cost remaining after the exclusion of administrative expenses and
    interest charges on the unfunded accrued liability as determined
    under the last completed actuarial valuation pursuant to the
    provisions of subsection (g) of this section. At the close of the
    fiscal year ending June 30, 1975, and each fiscal year thereafter,
    the Board shall, as promptly as practicable, determine the amount
    to be appropriated to the Account pursuant to the provisions of
    this subsection, and shall certify such amount to the Secretary of
    the Treasury for transfer from the general fund in the Treasury to
    the Railroad Retirement Account. When authorized by an
    appropriation Act, the Secretary of the Treasury shall transfer to
    the Railroad Retirement Account from the general fund in the
    Treasury such amounts as, from time to time, may be determined by
    the Board pursuant to the provisions of this subsection and
    certified by the Board for transfer to such Account. In any
    determination made pursuant to section 231f(c)(2) of this title, no
    further charges shall be made against the Trust Funds established
    by title II of the Social Security Act [42 U.S.C. 401 et seq.] for
    military service rendered before January 1, 1957, and with respect
    to which appropriations authorized by clause (2) of the first
    sentence of section 4(l) of the Railroad Retirement Act of 1937
    shall have been credited to the Railroad Retirement Account, but
    the additional benefit payments incurred by such Trust Funds by
    reason of such military service shall be taken in account in making
    any such determination.
    (c) Repealed. Pub. L. 107-90, title I, Sec. 106(b), Dec. 21, 2001,
      115 Stat. 887
    (d) Dual Benefits Payments Account
      (1) There is hereby created an account in the Treasury of the
    United States to be known as the Dual Benefits Payments Account.
    There is hereby authorized to be appropriated to such account for
    each fiscal year beginning with the fiscal year ending September
    30, 1982, such sums as are necessary to pay during such fiscal year
    the amounts of annuities estimated by the Board to be paid under
    sections 231b(h), 231c(e), and 231c(h) of this title and under
    sections 204(a)(3), 204(a)(4), 206(3), and 207(3) of Public Law 93-
    445. Not more than 30 days prior to each fiscal year beginning
    with the fiscal year ending September 30, 1982, the Board may
    request the Secretary of the Treasury to transfer from the Railroad
    Retirement Account to the credit of the Dual Benefits Payments
    Account any amount not exceeding the amount that the Board
    estimates will be necessary to pay on the first day of the next
    succeeding month the annuity amounts under sections 231b(h),
    231c(e), and 231c(h) of this title and under sections 204(a)(3),
    204(a)(4), 206(3), and 207(3) of Public Law 93-445, taking into
    account any reduction in such annuity amounts as determined under
    section 231f(c)(1) of this title, and the Secretary of the Treasury
    shall make such transfer, but at no time shall the total amount of
    money outstanding to the Dual Benefits Payments Account from the
    Railroad Retirement Account exceed the amount necessary to pay the
    annuity amounts under sections 231b(h), 231c(e), and 231c(h) of
    this title and sections 204(a)(3), 204(a)(4), 206(3), and 207(3) of
    Public Law 93-445 for one month. Not more than 10 days after the
    funds appropriated to the Dual Benefits Payments Account for each
    such fiscal year are received into such Account, the Board shall
    request the Secretary of the Treasury to retransfer from the Dual
    Benefits Payments Account to the credit of the Railroad Retirement
    Account an amount equal to the amount transferred to the Dual
    Benefits Payments Account prior to or during such fiscal year under
    the preceding sentence, together with such additional amount
    determined by the Board to be equal to the loss of interest to the
    Railroad Retirement Account resulting from such transfer, and the
    Secretary of the Treasury shall make such retransfer. The Secretary
    of the Treasury shall from time to time transfer from the Dual
    Benefits Payments Account to the disbursing agent under section
    231f(b)(4) of this title amounts necessary to pay benefits payable
    from that Account.
      (2) The Secretary of the Treasury - 
        (i) shall transfer from the general fund as a loan to the Board
      on January 1, 1984, one-third of the special amount described in
      subdivision (3) of this subsection;
        (ii) shall transfer from the general fund as a loan to the
      Board on January 1, 1985, one-third of the special amount
      described in subdivision (3) of this subsection, plus an amount
      equal to the interest that one-third would have earned had it
      been in the Railroad Retirement Account since January 1, 1984;
      and
        (iii) shall transfer from the general fund as a loan to the
      Board on January 1, 1986, the final one-third of the special
      amount described in subdivision (3) of this subsection, plus an
      amount equal to the interest that one-third would have earned had
      it been in the Railroad Retirement Account since January 1, 1984.

      (3) The special amount referred to in subdivision (2) of this
    subsection is the amount which, as of January 1, 1984, would place
    the Railroad Retirement Account in the same position it would have
    been on that date if no annuity amounts had been paid during the
    period beginning January 1, 1975 and ending September 30, 1981,
    under sections 231b(h), 231c(e), and 231c(h) of this title and
    under sections 204(a)(3), 204(a)(4), 206(3), and 207(3) of Public
    Law 93-445, and no sums had been appropriated as authorized in this
    subsection.
      (4) For the purposes of subdivision (2) of this subsection, the
    Secretary of the Treasury is authorized to use as a public debt
    transaction the proceeds of the sale of any securities issued after
    August 12, 1983, under section 3102 of title 31 and the purposes
    for which securities may be so issued are extended to include such
    purposes.
      (5) The amounts transferred to the Board as loans under
    subdivision (2) of this subsection shall be deposited in the
    Railroad Retirement Account.
      (6) The amounts transferred as loans under subdivision (2) of
    this subsection shall be repaid to the general fund to the extent
    sums are appropriated for that purpose, and there are hereby
    authorized to be appropriated, in addition to any other sums
    authorized to be appropriated for the purposes of this subchapter
    and from any sums in the Treasury not otherwise appropriated, such
    sums as may be necessary to make such repayments.
    (e) Investments
      At the request and direction of the Board, it shall be the duty
    of the Secretary of the Treasury (hereinafter referred to as the
    "Secretary") to invest such portion of the amounts credited to the
    Railroad Retirement Account and the Dual Benefits Payments Account
    as are not transferred to the National Railroad Retirement
    Investment Trust as the Board may determine in interest-bearing
    obligations of the United States or in obligations guaranteed as to
    both principal and interest by the United States. For such purpose
    such obligations may be acquired (A) on original issue at the issue
    price; or (B) by purchase of outstanding obligations at the market
    price. The purposes for which obligations of the United States may
    be issued under chapter 31 of title 31, are hereby extended to
    authorize the issuance at par of special obligations exclusively to
    the accounts. Such obligations issued for purchase by the accounts
    shall have maturities fixed with due regard for the needs of the
    accounts, and shall bear interest at a rate equal to the average
    market yield, computed as of the end of the calendar month next
    preceding the date of such issue, borne by all marketable interest-
    bearing notes of the United States then forming a part of the
    public debt that are not due or callable until after the expiration
    of three years from the end of such calendar month, except that
    where such rate is not a multiple of one-eighth of 1 per centum,
    the rate of interest on such obligation shall be the multiple of
    one-eighth of 1 per centum nearest such rate: Provided, That the
    rate of interest on such obligations shall in no case be less than
    3 per centum per annum. At the request of the Board the Secretary
    shall purchase other interest-bearing obligations of the United
    States, or obligations guaranteed as to both principal and interest
    by the United States, or other obligations which are lawful
    investments for trust funds of the United States, on original issue
    or at the market price: Provided, That the interest yield of such
    obligations shall not be less than the interest rate determined in
    accordance with the preceding sentence. At the request of the
    Board, the Secretary shall sell at the market price such
    obligations in the accounts (other than special obligations issued
    exclusively to the accounts) as the Board designates. The Board
    shall from time to time request the Secretary to redeem such
    special obligations issued exclusively to the accounts as the Board
    designates and upon such request the Secretary shall redeem such
    obligations at par plus accrued interest. All requests of the Board
    to the Secretary, provided for in this subsection, shall be
    mandatory upon the Secretary. It shall be the duty of the Board to
    determine at all times what proportion of the accounts shall be
    invested in other than special obligations issued to the accounts
    and further to determine which of such obligations available to the
    accounts consistent with the requirements of this subsection will
    provide the greatest rate of return on the funds invested.
    (f) Actuarial Advisory Committee
      The Board is hereby authorized and directed to select two
    actuaries, one from recommendations made by representatives of
    employees and the other from recommendations made by
    representatives of employers as defined in paragraph (i) of section
    231(a)(1) of this title. These actuaries, along with a third who
    shall be designated by the Secretary of the Treasury, shall be
    known as the Actuarial Advisory Committee with respect to the
    Railroad Retirement Account. The actuaries so selected shall hold
    membership in the American Academy of Actuaries and shall be
    qualified in the evaluation of pension plans: Provided, however,
    That these requirements shall not apply to any actuary who served
    as a member of the Committee prior to January 1, 1975. The
    Committee shall examine the actuarial reports and estimates made by
    the Board and shall have authority to recommend to the Board such
    changes in actuarial methods as they may deem necessary. The
    compensation of the members of the Committee, exclusive of the
    member designated by the Secretary, shall be fixed by the Board on
    a per diem basis.
    (g) Annual report
      The Board shall include in its annual report a statement of the
    status and the operations of the Railroad Retirement and Railroad
    Retirement Supplemental Accounts, and the Dual Benefits Payments
    Account. At intervals not longer than three years the Board shall
    make an estimate of the liabilities created by this subchapter and
    shall include such estimate in its annual report.
    (h) Authorization of appropriations; administrative expenses of
      subchapter
      There are hereby authorized to be appropriated from time to time
    such sums as may be necessary to provide for the expenses of the
    Board in administering the provisions of this subchapter.
    (i) Crediting of accounts for unnegotiated benefit checks
      (1) The Secretary of the Treasury shall implement procedures to
    permit the identification of each check issued for benefits under
    this subchapter that has not been presented for payment by the
    close of the sixth month following the month of its issuance.
      (2) The Secretary of the Treasury shall, on a monthly basis,
    credit each account established in the Treasury for the payment of
    benefits under this subchapter for the proportionate amount of
    benefit checks (including interest thereon) drawn on each such
    Account more than six months previously but not presented for
    payment and not previously credited to such Account, to the extent
    provided in advance in appropriation Acts.
      (3) If a benefit check is presented for payment to the Treasury
    and the amount of the appropriate portion thereof has been
    previously credited pursuant to paragraph (2) to an Account or
    Accounts, the Secretary of the Treasury shall nevertheless pay such
    check, if otherwise proper, recharge such Account or Accounts for
    the amount of such check attributable to such Account or Accounts
    and notify the Board.
      (4) A benefit check bearing a current date may be issued to an
    individual who did not negotiate the original benefit check and who
    surrenders such check for cancellation if the Secretary of the
    Treasury determines it is necessary to effect proper payment of
    benefits.
    (j) National Railroad Retirement Investment Trust
      (1) Establishment
        The National Railroad Retirement Investment Trust (hereinafter
      in this subsection referred to as the "Trust") is hereby
      established as a trust domiciled in the District of Columbia and
      shall, to the extent not inconsistent with this subchapter, be
      subject to the laws of the District of Columbia applicable to
      such trusts. The Trust shall manage and invest its assets in the
      manner set forth in this subsection.
      (2) Not a Federal agency or instrumentality
        The Trust is not a department, agency, or instrumentality of
      the Government of the United States and shall not be subject to
      title 31.
      (3) Board of Trustees
        (A) Generally
          (i) Membership
            The Trust shall have a Board of Trustees, consisting of 7
          members. Three shall represent the interests of labor, 3
          shall represent the interests of management, and 1 shall be
          an independent Trustee. The members of the Board of Trustees
          shall not be considered officers or employees of the
          Government of the United States.
          (ii) Selection
            (I) The 3 members representing the interests of labor shall
          be selected by the joint recommendation of labor
          organizations, national in scope, organized in accordance
          with sections 151a and 152 of this title, and representing at
          least  2/3  of all active employees, represented by such
          national labor organizations, covered under this subchapter.
            (II) The 3 members representing the interests of management
          shall be selected by the joint recommendation of carriers as
          defined in section 151 of this title employing at least  2/3 
          of all active employees covered under this subchapter.
            (III) The independent member shall be selected by a
          majority of the other 6 members of the Board of Trustees.

          A member of the Board of Trustees may be removed in the same
          manner and by the same constituency that selected that
          member.
          (iii) Dispute resolution
            In the event that the parties specified in subclause (I),
          (II), or (III) of the previous clause cannot agree on the
          selection of Trustees within 60 days of the date of enactment
          or 60 days from any subsequent date that a position of the
          Board of Trustees becomes vacant, an impartial umpire to
          decide such dispute shall, on the petition of a party to the
          dispute, be appointed by the District Court of the United
          States for the District of Columbia.
        (B) Qualifications
          Members of the Board of Trustees shall be appointed only from
        among persons who have experience and expertise in the
        management of financial investments and pension plans. No
        member of the Railroad Retirement Board shall be eligible to be
        a member of the Board of Trustees.
        (C) Terms
          Except as provided in this subparagraph, each member shall be
        appointed for a 3-year term. The initial members appointed
        under this paragraph shall be divided into equal groups so
        nearly as may be, of which one group will be appointed for a 1-
        year term, one for a 2-year term, and one for a 3-year term.
        The Trustee initially selected pursuant to clause (ii)(III)
        shall be appointed to a 3-year term. A vacancy in the Board of
        Trustees shall not affect the powers of the Board of Trustees
        and shall be filled in the same manner as the selection of the
        member whose departure caused the vacancy. Upon the expiration
        of a term of a member of the Board of Trustees, that member
        shall continue to serve until a successor is appointed.
      (4) Powers of the Board of Trustees
        The Board of Trustees shall - 
          (A) retain independent advisers to assist it in the
        formulation and adoption of its investment guidelines;
          (B) invest assets of the Trust in a manner consistent with
        such investment guidelines, either directly or through the
        retention of independent investment managers;
          (C) adopt bylaws and other rules to govern its operations;
          (D) employ professional staff, and contract with outside
        advisers, including the Railroad Retirement Board, to provide
        legal, accounting, investment advisory or management services
        (compensation for which may be on a fixed contract fee basis or
        on such other terms as are customary for such services), or
        other services necessary for the proper administration of the
        Trust;
          (E) sue and be sued and participate in legal proceedings,
        have and use a seal, conduct business, carry on operations, and
        exercise its powers within or without the District of Columbia,
        form, own, or participate in entities of any kind, enter into
        contracts and agreements necessary to carry out its business
        purposes, lend money for such purposes, and deal with property
        as security for the payment of funds so loaned, and possess and
        exercise any other powers appropriate to carry out the purposes
        of the Trust;
          (F) pay administrative expenses of the Trust from the assets
        of the Trust; and
          (G) transfer money to the disbursing agent or as otherwise
        provided in section 231f(b)(4) of this title, to pay benefits
        payable under this subchapter from the assets of the Trust.
      (5) Reporting requirements and fiduciary standards
        The following reporting requirements and fiduciary standards
      shall apply with respect to the Trust:
        (A) Duties of the Board of Trustees
          The Trust and each member of the Board of Trustees shall
        discharge their duties (including the voting of proxies) with
        respect to the assets of the Trust solely in the interest of
        the Railroad Retirement Board and through it, the participants
        and beneficiaries of the programs funded under this subchapter -
         
            (i) for the exclusive purpose of - 
              (I) providing benefits to participants and their
            beneficiaries; and
              (II) defraying reasonable expenses of administering the
            functions of the Trust;

            (ii) with the care, skill, prudence, and diligence under
          the circumstances then prevailing that a prudent person
          acting in a like capacity and familiar with such matters
          would use in the conduct of an enterprise of a like character
          and with like aims;
            (iii) by diversifying investments so as to minimize the
          risk of large losses and to avoid disproportionate influence
          over a particular industry or firm, unless under the
          circumstances it is clearly prudent not to do so; and
            (iv) in accordance with Trust governing documents and
          instruments insofar as such documents and instruments are
          consistent with this subchapter.
        (B) Prohibitions with respect to members of the Board of
          Trustees
          No member of the Board of Trustees shall - 
            (i) deal with the assets of the Trust in the Trustee's own
          interest or for the Trustee's own account;
            (ii) in an individual or in any other capacity act in any
          transaction involving the assets of the Trust on behalf of a
          party (or represent a party) whose interests are adverse to
          the interests of the Trust, the Railroad Retirement Board, or
          the interests of participants or beneficiaries; or
            (iii) receive any consideration for the Trustee's own
          personal account from any party dealing with the assets of
          the Trust.
        (C) Exculpatory provisions and insurance
          Any provision in an agreement or instrument that purports to
        relieve a Trustee from responsibility or liability for any
        responsibility, obligation, or duty under this subchapter shall
        be void: Provided, however, That nothing shall preclude - 
            (i) the Trust from purchasing insurance for its Trustees or
          for itself to cover liability or losses occurring by reason
          of the act or omission of a Trustee, if such insurance
          permits recourse by the insurer against the Trustee in the
          case of a breach of a fiduciary obligation by such Trustee;
            (ii) a Trustee from purchasing insurance to cover liability
          under this section from and for his own account; or
            (iii) an employer or an employee organization from
          purchasing insurance to cover potential liability of one or
          more Trustees with respect to their fiduciary
          responsibilities, obligations, and duties under this section.
        (D) Bonding
          Every Trustee and every person who handles funds or other
        property of the Trust (hereafter in this subsection referred to
        as "Trust official") shall be bonded. Such bond shall provide
        protection to the Trust against loss by reason of acts of fraud
        or dishonesty on the part of any Trust official, directly or
        through the connivance of others, and shall be in accordance
        with the following:
            (i) The amount of such bond shall be fixed at the beginning
          of each fiscal year of the Trust by the Railroad Retirement
          Board. Such amount shall not be less than 10 percent of the
          amount of the funds handled. In no case shall such bond be
          less than $1,000 nor more than $500,000, except that the
          Railroad Retirement Board, after consideration of the record,
          may prescribe an amount in excess of $500,000, subject to the
          10 per centum limitation of the preceding sentence.
            (ii) It shall be unlawful for any Trust official to
          receive, handle, disburse, or otherwise exercise custody or
          control of any of the funds or other property of the Trust
          without being bonded as required by this subsection and it
          shall be unlawful for any Trust official, or any other person
          having authority to direct the performance of such functions,
          to permit such functions, or any of them, to be performed by
          any Trust official, with respect to whom the requirements of
          this subsection have not been met.
            (iii) It shall be unlawful for any person to procure any
          bond required by this subsection from any surety or other
          company or through any agent or broker in whose business
          operations such person has any control or significant
          financial interest, direct or indirect.
        (E) Audit and report
          (i) The Trust shall annually engage an independent qualified
        public accountant to audit the financial statements of the
        Trust.
          (ii) The Trust shall submit an annual management report to
        the Congress not later than 180 days after the end of the
        Trust's fiscal year. A management report under this subsection
        shall include - 
            (I) a statement of financial position;
            (II) a statement of operations;
            (III) a statement of cash flows;
            (IV) a statement on internal accounting and administrative
          control systems;
            (V) the report resulting from an audit of the financial
          statements of the Trust conducted under clause (i); and
            (VI) any other comments and information necessary to inform
          the Congress about the operations and financial condition of
          the Trust.

          (iii) The Trust shall provide the President, the Railroad
        Retirement Board, and the Director of the Office of Management
        and Budget a copy of the management report when it is submitted
        to Congress.
        (F) Enforcement
          The Railroad Retirement Board may bring a civil action - 
            (i) to enjoin any act or practice by the Trust, its Board
          of Trustees, or its employees or agents that violates any
          provision of this subchapter; or
            (ii) to obtain other appropriate relief to redress such
          violations, or to enforce any provisions of this subchapter.
      (6) State and local taxes
        The Trust shall be exempt from any income, sales, use,
      property, or other similar tax or fee imposed or levied by a
      State, political subdivision, or local taxing authority. The
      district courts of the United States shall have original
      jurisdiction over a civil action brought by the Trust to enforce
      this subsection and may grant equitable or declaratory relief
      requested by the Trust.
      (7) Quorum
        Five members of the Board of Trustees constitute a quorum to do
      business. Investment guidelines must be adopted by a unanimous
      vote of the Trustees then holding office. All other decisions of
      the Board of Trustees shall be decided by a majority vote of the
      quorum present. All decisions of the Board of Trustees shall be
      entered upon the records of the Board of Trustees.
    (k) Transfers to the Trust
      The Board shall, upon establishment of the National Railroad
    Retirement Investment Trust and from time to time thereafter,
    direct the Secretary of the Treasury to transfer, in such manner as
    will maximize the investment returns to the Railroad Retirement
    system, that portion of the Railroad Retirement Account that is not
    needed to pay current administrative expenses of the Board to the
    National Railroad Retirement Investment Trust. The Secretary shall
    make that transfer.
    (l) National Railroad Retirement Investment Trust
      The National Railroad Retirement Investment Trust shall from time
    to time transfer to the disbursing agent described in section
    231f(b)(4) of this title or as otherwise directed by the Railroad
    Retirement Board pursuant to section 231f(b)(4) of this title, such
    amounts as may be necessary to pay benefits under this subchapter
    (other than benefits paid from the Social Security Equivalent
    Benefit Account or the Dual Benefit Payments Account).

-SOURCE-
    (Aug. 29, 1935, ch. 812, Sec. 15, as restated June 24, 1937, ch.
    382, pt. I, 50 Stat. 307, as restated Pub. L. 93-445, title I, Sec.
    101, Oct. 16, 1974, 88 Stat. 1346; amended Pub. L. 94-92, title II,
    Sec. 201(a)-(d), Aug. 9, 1975, 89 Stat. 464, 465; Pub. L. 94-547,
    Sec. 3(a), Oct. 18, 1976, 90 Stat. 2525; Pub. L. 97-34, title VII,
    Sec. 742, Aug. 13, 1981, 95 Stat. 348; Pub. L. 97-35, title XI,
    Secs. 1124, 1127(a), Aug. 13, 1981, 95 Stat. 639, 641; Pub. L. 98-
    76, title III, Sec. 301(b), title IV, Secs. 401(a), 417(a), Aug.
    12, 1983, 97 Stat. 431, 433, 437; Pub. L. 107-90, title I, Secs.
    105(a), (b), 106(b), (c), 107(a), (b), (d), Dec. 21, 2001, 115
    Stat. 882, 886-889; Pub. L. 108-203, title IV, Sec. 426(a)-(d),
    (f), Mar. 2, 2004, 118 Stat. 537, 538.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Sections 4 and 15 of the Railroad Retirement Act of 1937,
    referred to in subsecs. (a) and (b)(1), which were classified to
    sections 228c-1 and 228o of this title, have been omitted from the
    Code.
      The Railroad Retirement Tax Act, referred to in subsec. (a), is
    act Aug. 16, 1954, ch. 736, Secs. 3201, 3202, 3211, 3212, 3221, and
    3231 to 3233, 68A Stat. 431, as amended, which is classified
    generally to chapter 22 (Sec. 3201 et seq.) of Title 26, Internal
    Revenue Code. For complete classification of this Act to the Code,
    see section 3233 of Title 26 and Tables.
      The Social Security Act, referred to in subsec. (b), is act Aug.
    14, 1935, ch. 531, 49 Stat. 620, as amended. Title II of the Social
    Security Act is classified generally to subchapter II (Sec. 401 et
    seq.) of chapter 7 of Title 42, The Public Health and Welfare. For
    complete classification of this Act to the Code, see section 1305
    of Title 42 and Tables.
      Sections 204, 206, and 207 of Pub. L. 93-445, referred to in
    subsec. (d)(1), (3), are sections 204, 206, and 207 of title II of
    Pub. L. 93-445, and are set out as part of a Transitional
    Provisions note under section 231 of this title.
      Within 60 days of the date of enactment, referred to in subsec.
    (j)(3)(A)(iii), probably means within 60 days of the date of
    enactment of Pub. L. 107-90, which enacted subsec. (j) and was
    approved Dec. 21, 2001.


-MISC1-
                                AMENDMENTS                            
      2004 - Subsec. (j)(4). Pub. L. 108-203, Sec. 426(b), reenacted
    heading without change and amended text of par. (4) generally,
    substituting provisions relating to retention of independent
    advisers, investment of assets, adoption of bylaws, employment of
    professional staff, possession and exercise of any powers
    appropriate to carry out purposes of Trust, and payment of
    administrative expenses, consisting of subpars. (A) to (G), for
    provisions relating to retention of independent advisers, retention
    of independent investment managers, investment of assets, payment
    of administrative expenses, and transfer of moneys for payment of
    benefits, consisting of subpars. (A) to (E).
      Subsec. (j)(5)(B). Pub. L. 108-203, Sec. 426(f)(1), substituted
    "Trustee's" for "trustee's" wherever appearing.
      Subsec. (j)(5)(C). Pub. L. 108-203, Sec. 426(f)(2), substituted
    "Trustee" for "trustee" wherever appearing and "Trustees" for
    "trustees" in two places.
      Subsec. (j)(5)(D). Pub. L. 108-203, Sec. 426(f)(3), substituted
    "Trustee" for "trustee" in introductory provisions.
      Subsec. (j)(6). Pub. L. 108-203, Sec. 426(c), amended heading and
    text of par. (6) generally. Prior to amendment, text read as
    follows: "The Board of Trustees shall have the authority to make
    rules to govern its operations, employ professional staff, and
    contract with outside advisers, including the Railroad Retirement
    Board, to provide legal, accounting, investment advisory, or other
    services necessary for the proper administration of this
    subsection. In the case of contracts with investment advisory
    services, compensation for such services may be on a fixed contract
    fee basis or on such other terms and conditions as are customary
    for such services."
      Subsec. (j)(7). Pub. L. 108-203, Sec. 426(a), substituted
    "Trustees then holding office" for "entire Board of Trustees".
      Subsec. (j)(8). Pub. L. 108-203, Sec. 426(d), struck out heading
    and text of par. (8). Text read as follows: "The expenses of the
    Trust and the Board of Trustees incurred under this subsection
    shall be paid from the Trust."
      2001 - Subsec. (a). Pub. L. 107-90, Sec. 106(c), struck out
    before period at end ", except those portions of the amounts
    covered into the Treasury under sections 3211(b), 3221(c), and
    3221(d) of such Tax Act as are necessary to provide sufficient
    funds to meet the obligation to pay supplemental annuities at the
    level provided under section 231b(e) of this title and, with
    respect to those entitled to supplemental annuities under section
    205(a) of title II of this Act, at the level provided under section
    205(a). The Board is directed to determine what portion of the
    taxes collected under sections 3211(b), 3221(c), and 3221(d) of the
    Railroad Retirement Tax Act is to be credited to the Railroad
    Retirement Account pursuant to the preceding provisions of this
    subsection and what portion of such taxes is to be credited to the
    Railroad Retirement Supplemental Account pursuant to the provisions
    of subsection (c) of this section. The Board shall make such a
    determination with respect to each calendar quarter commencing with
    the quarter beginning January 1, 1975, shall make each such
    determination not later than fifteen days before each calendar
    quarter, and shall, as soon as practicable after each such
    determination, advise the Secretary of the Treasury of the
    determination made. The Secretary of the Treasury shall credit the
    amounts covered into the Treasury under sections 3211(b), 3221(c),
    and 3221(d) of the Railroad Retirement Tax Act to the Railroad
    Retirement Account and the Railroad Retirement Supplemental Account
    in such proportions as is determined by the Board pursuant to the
    provisions of this subsection".
      Subsec. (c). Pub. L. 107-90, Sec. 106(b), struck out subsec. (c)
    which read as follows: "The Railroad Retirement Supplemental
    Account established by section 15(b) of the Railroad Retirement Act
    of 1937 shall continue to be maintained in the Treasury of the
    United States. There is hereby appropriated to such account for
    each fiscal year, beginning with the fiscal year ending June 30,
    1975, out of any moneys in the Treasury not otherwise appropriated,
    to provide for the payment of supplemental annuities under section
    231a(b) of this title, and to provide for the expenses necessary
    for the Board in the administration of the payment of such
    supplemental annuities, an amount equal to such portions of the
    amounts covered into the Treasury (minus refunds) during each
    fiscal year under sections 3211(b), 3221(c), and 3221(d) of the
    Railroad Retirement Tax Act as are not appropriated to the Railroad
    Retirement Account pursuant to the provisions of subsection (a) of
    this section. Whenever the Board finds at any time that the balance
    in the Railroad Retirement Supplemental Account will be
    insufficient to pay the supplemental annuities which it estimates
    are due, or will become due, under section 231a(b) of this title,
    it shall request the Secretary of the Treasury to transfer from the
    Railroad Retirement Account to the credit of the Railroad
    Retirement Supplemental Account such moneys as the Board estimates
    would be necessary for the payment of such supplemental annuities,
    and the Secretary shall make such transfer. Whenever the Board
    finds that the balance in the Railroad Retirement Supplemental
    Account, without regard to the amounts transferred pursuant to the
    next preceding sentence, is sufficient to pay such supplemental
    annuities, it shall request the Secretary of the Treasury to
    retransfer from the Railroad Retirement Supplemental Account to the
    credit of the Railroad Retirement Account such moneys as in its
    judgment are not needed for the payment of such supplemental
    annuities, plus interest at an annual rate equal to the average
    rate of interest borne by all special obligations held by the
    Railroad Retirement Account on the last day of the preceding fiscal
    year, rounded to the nearest multiple of one-eighth of 1 per
    centum, and the Secretary shall make such retransfer."
      Subsec. (d)(1). Pub. L. 107-90, Sec. 107(d), inserted at end "The
    Secretary of the Treasury shall from time to time transfer from the
    Dual Benefits Payments Account to the disbursing agent under
    section 231f(b)(4) of this title amounts necessary to pay benefits
    payable from that Account."
      Subsec. (e). Pub. L. 107-90, Sec. 105(b)(1), substituted "and the
    Dual Benefits Payments Account as are not transferred to the
    National Railroad Retirement Investment Trust as the Board may
    determine" for ", the Dual Benefits Payments Account and the
    Railroad Retirement Supplemental Account as, in the judgment of the
    Board, is not immediately required for the payment of annuities,
    supplemental annuities, and death benefits. Such investments may be
    made only".
      Pub. L. 107-90, Sec. 105(b)(2), (3), substituted "chapter 31 of
    title 31" for "the Second Liberty Bond Act, as amended" and "the
    requirements of this subsection" for "the foregoing requirements".
      Subsec. (j). Pub. L. 107-90, Sec. 105(a), added subsec. (j).
      Subsec. (k). Pub. L. 107-90, Sec. 107(a), added subsec. (k).
      Subsec. (l). Pub. L. 107-90, Sec. 107(b), added subsec. (l).
      1983 - Subsec. (b). Pub. L. 98-76, Sec. 301(b), amended subsec.
    (b) generally, redesignating par. (1) as subsec. (b) and striking
    out par. (2) which read as follows: "In any month when the Board
    finds that the balance in the Railroad Retirement Account is
    insufficient to pay annuity amounts due to be paid during the
    following month, the Board shall report to the Secretary of the
    Treasury the additional amount of money necessary in order to make
    such annuity payments, and the Secretary shall transfer to the
    credit of the Railroad Retirement Account such additional amount
    upon receiving such report from the Board. The total amount of
    money outstanding to the Railroad Retirement Account from the
    general fund at any time during any fiscal year shall not exceed
    the total amount of money the Board and the Trustees of the Social
    Security Trust Fund estimate will be transferred to the Railroad
    Retirement Account pursuant to section 231f(c)(2) of this title
    with respect to such fiscal year. Whenever the Board determines
    that the sums in the Railroad Retirement Account are sufficient to
    pay annuity amounts, the Board shall request the Secretary of the
    Treasury to retransfer to the general fund from the Railroad
    Retirement Account all or any part of the amount outstanding, and
    the Secretary of the Treasury shall make such retransfer of the
    amount requested. Not later than 10 days after a transfer to the
    Railroad Retirement Account under section 231f(c)(2) of this title,
    any amount of money outstanding to the Railroad Retirement Account
    from the general fund under this subdivision shall be retransferred
    in accordance with this subdivision. Any amount retransferred shall
    include an amount of interest computed at a rate determined in
    accordance with the following two sentences: The rate of interest
    payable with respect to an amount outstanding for any month shall
    be equal to the average investment yield for the most recent
    auction (before such month) of United States Treasury bills with
    maturities of 52 weeks, deeming any amount outstanding at the
    beginning of a month to have been borrowed at the beginning of such
    month. For this purpose the amount of interest computed in
    accordance with the preceding sentence but not repaid by the end of
    such month shall be added to the amount outstanding at the
    beginning of the next month."
      Subsec. (d)(1). Pub. L. 98-76, Sec. 401(a)(1)-(3), designated
    existing provisions as par. (1), substituted "the amount that the
    Board estimates will be necessary to pay on the first day of the
    next succeeding month the annuity amounts under sections 231b(h),
    231c(e), and 231c(h) of this title and under sections 204(a)(3),
    204(a)(4), 206(3), and 207(3) of Public Law 93-445, taking into
    account any reduction in such annuity amounts as determined under
    section 231f(c)(1) of this title, and the Secretary of the Treasury
    shall make such transfer, but at no time shall the total amount of
    money outstanding to the Dual Benefits Payments Account from the
    Railroad Retirement Account exceed the amount necessary to pay the
    annuity amounts under sections 231b(h), 231c(e), and 231c(h) of
    this title and sections 204(a)(3), 204(a)(4), 206(3), and 207(3) of
    Public Law 93-445 for one month" for "one-twelfth of the amount
    which the Board has determined will be the amount of the
    appropriation to be made to the Dual Benefits Payments Account
    under the applicable public law making such appropriation for such
    fiscal year, and the Secretary of the Treasury shall make such
    transfer", and inserted "or during" after "prior to" in last
    sentence.
      Subsec. (d)(2) to (6). Pub. L. 98-76, Sec. 401(a)(4), added pars.
    (2) to (6).
      Subsec. (i). Pub. L. 98-76, Sec. 417(a), added subsec. (i).
      1981 - Subsec. (b). Pub. L. 97-35, Sec. 1127(a), made amendments
    identical to those of Pub. L. 97-34. See Amendment note below.
      Pub. L. 97-34 designated existing provisions as subdiv. (1) and
    added subdiv. (2).
      Subsec. (d). Pub. L. 97-35, Sec. 1124(a), substituted provisions
    relating to creation of Dual Benefits Payments Account,
    authorizations of appropriations, and transfer and retransfer of
    funds for provisions relating to authorization of appropriations to
    Railroad Retirement Account.
      Subsecs. (e), (g). Pub. L. 97-35, Sec. 1124(b), (c), inserted
    reference to Dual Benefits Payments Account.
      1976 - Subsec. (c). Pub. L. 94-547 permitted Supplemental Account
    to borrow enough money from regular Railroad Retirement Account to
    continue payment of supplemental annuities during any period in
    which Supplemental Account was otherwise temporarily lacking in
    funds for this purpose, with any amounts so borrowed to be repaid,
    with interest, as soon as Supplemental Account has been credited
    with sufficient tax payments to both pay supplemental annuities on
    a current basis and repay amount of loan, and with authority
    granted to increase tax rate for calendar quarter following
    existence of a deficiency in Supplemental Account's funds to take
    account of deficiency.
      1975 - Subsec. (a). Pub. L. 94-92, Sec. 201(a), substituted in
    second sentence "is hereby appropriated" for "is hereby authorized
    to be appropriated".
      Subsec. (b). Pub. L. 94-92, Sec. 201(b), substituted in
    introductory text "amount appropriated" for "amount authorized to
    be appropriated".
      Subsec. (c). Pub. L. 94-92, Sec. 201(c), substituted in second
    sentence "is hereby appropriated" for "is hereby authorized to be
    appropriated" and inserted "out of any moneys in the Treasury not
    otherwise appropriated" after "June 30, 1975,".
      Subsec. (h). Pub. L. 94-92, Sec. 201(d), added subsec. (h).

                     EFFECTIVE DATE OF 2001 AMENDMENT                 
      Pub. L. 107-90, title I, Sec. 105(d), Dec. 21, 2001, 115 Stat.
    887, provided that: "The amendments made by this section [amending
    this section] shall take effect on the first day of the month that
    begins more than 30 days after enactment [Dec. 21, 2001]."
      Pub. L. 107-90, title I, Sec. 106(e), Dec. 21, 2001, 115 Stat.
    887, provided that:
      "(1) In general. - Subject to paragraph (2), the amendments made
    by subsections (a), (b), and (c) [amending this section and section
    231f of this title] shall take effect January 1, 2002.
      "(2) Account in existence until transfer made. - The Railroad
    Retirement Supplemental Account under section 15(c) of the Railroad
    Retirement Act of 1974 (45 U.S.C. 231n(c)) shall continue to exist
    until the date that the Secretary of the Treasury makes the
    transfer described in subsection (d)(2) [set out as a note below]."

                     EFFECTIVE DATE OF 1983 AMENDMENT                 
      Section 301(c)(2) of Pub. L. 98-76 provided that: "The amendments
    made by subsection (b) of this section [amending this section]
    shall be effective on the date immediately following the day in
    June 1984 when the total amount of money outstanding to the
    Railroad Retirement Account under section 15(b)(2) of the Railroad
    Retirement Act of 1974 [subsec. (b)(2) of this section] is
    retransferred to the general fund under that section."
      Section 401(b) of Pub. L. 98-76 provided that: "The amendments
    made by this section [amending this section] shall be effective
    upon enactment [Aug. 12, 1983]."
      Section 417(b) of Pub. L. 98-76 provided that: "The amendment
    made by subsection (a) [amending this section] shall apply with
    respect to all checks for benefits under this Act [this subchapter]
    which are issued on or after May 1, 1985."

                     EFFECTIVE DATE OF 1981 AMENDMENT                 
      Amendment by Pub. L. 97-35, effective Oct. 1, 1981, see section
    1129(g) of Pub. L. 97-35, set out as a note under section 231 of
    this title.

                     EFFECTIVE DATE OF 1976 AMENDMENT                 
      Section 3(b) of Pub. L. 94-547 provided that: "The amendment made
    by this section [amending this section] shall be effective on the
    enactment date of this Act [Oct. 18, 1976]."

                     EFFECTIVE DATE OF 1975 AMENDMENT                 
      Section 201(e) of Pub. L. 94-92 provided that: "The amendments
    [amending this section] made by this section shall be effective
    January 1, 1975."

                    TERMINATION OF ADVISORY COMMITTEES                
      Advisory committees established after Jan. 5, 1973, to terminate
    not later than the expiration of the 2-year period beginning on the
    date of their establishment, unless, in the case of a committee
    established by the President or an officer of the Federal
    Government, such committee is renewed by appropriate action prior
    to the expiration of such 2-year period, or in the case of a
    committee established by the Congress, its duration is otherwise
    provided for by law. See section 14 of Pub. L. 92-463, Oct. 6,
    1972, 86 Stat. 776, set out in the Appendix to Title 5, Government
    Organization and Employees.

        PURCHASE OR SALE OF NON-FEDERAL ASSETS; MEANS OF FINANCING    
      Pub. L. 107-90, title I, Sec. 105(c), Dec. 21, 2001, 115 Stat.
    887, provided that: "For all purposes of the Congressional Budget
    Act of 1974 [see Short Title note set out under section 621 of
    Title 2, The Congress], the Balanced Budget and Emergency Deficit
    Control Act of 1985 [see Short Title note set out under section 900
    of Title 2], and chapter 11 of title 31, United States Code, and
    notwithstanding section 20 of the Office of Management and Budget
    Circular No. A-11, the purchase or sale of non-Federal assets
    (other than gains or losses from such transactions) by the National
    Railroad Retirement Investment Trust shall be treated as a means of
    financing."

     TRANSFER OF FUNDS IN THE RAILROAD RETIREMENT SUPPLEMENTAL ACCOUNT 
      Pub. L. 107-90, title I, Sec. 106(d), Dec. 21, 2001, 115 Stat.
    887, provided that:
      "(1) Determination. - As soon as possible after December 31,
    2001, the Railroad Retirement Board shall - 
        "(A) determine the amount of funds in the Railroad Retirement
      Supplemental Account under section 15(c) of the Railroad
      Retirement Act of 1974 (45 U.S.C. 231n(c)) as of the date of such
      determination; and
        "(B) direct the Secretary of the Treasury to transfer such
      funds to the National Railroad Retirement Investment Trust under
      section 15(j) of such Act [45 U.S.C. 231n(j)] (as added by
      section 105).
      "(2) Transfer by the secretary of the treasury. - The Secretary
    of the Treasury shall make the transfer described in paragraph
    (1)."

                 TRANSITIONAL RULE FOR EXISTING OBLIGATION             
      Pub. L. 107-90, title I, Sec. 107(g), Dec. 21, 2001, 115 Stat.
    889, provided that: "In making transfers under sections 15(k) and
    15A(d)(2) of the Railroad Retirement Act of 1974 [45 U.S.C.
    231n(k), 231n-1(d)(2)], as amended by subsections (a) and (c),
    respectively, the Railroad Retirement Board shall consult with the
    Secretary of the Treasury to design an appropriate method to
    transfer obligations held as of the date of enactment of this Act
    [Dec. 21, 2001] or to convert such obligations to cash at the
    discretion of the Railroad Retirement Board prior to transfer. The
    National Railroad Retirement Investment Trust may hold to maturity
    any obligations so received or may redeem them prior to maturity,
    as the Trust deems appropriate."

                 COMMISSION ON RAILROAD RETIREMENT REFORM             
      Pub. L. 100-203, title IX, Sec. 9033, Dec. 22, 1987, 101 Stat.
    1330-296, as amended by Pub. L. 100-647, title VII, Sec. 7108, Nov.
    10, 1988, 102 Stat. 3774, established a commission, known as
    Commission on Railroad Retirement Reform, to conduct a
    comprehensive study of the issues pertaining to long-term financing
    of railroad retirement system and the system's short-term and long-
    term solvency, required Commission to submit not later than Oct.
    1, 1990, a report containing a detailed statement of its findings
    and conclusions together with recommendations to Congress for
    revisions in, or alternatives to, current system to assure
    provision of retirement benefits to former, present, and future
    railroad employees on an actuarially sound basis, and provided for
    termination of Commission 60 days after submission of report.

      SECTION 72(R) REVENUE INCREASE TRANSFERRED TO CERTAIN RAILROAD
                            RETIREMENT ACCOUNTS
      Section 224(c) of Pub. L. 98-76, as amended by Pub. L. 99-514,
    Sec. 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 100-203, title IX,
    Sec. 9034, Dec. 22, 1987, 101 Stat. 1330-299; Pub. L. 101-239,
    title X, Sec. 10102, Dec. 19, 1989, 103 Stat. 2471; Pub. L. 101-
    508, title V, Sec. 5126, Nov. 5, 1990, 104 Stat. 1388-286; Pub. L.
    103-296, title III, Sec. 317, Aug. 15, 1994, 108 Stat. 1532,
    provided that:
      "(1) In general. - 
        "(A) Transfers to railroad retirement account. - There are
      hereby appropriated to the Railroad Retirement Account amounts
      (other than amounts described in subparagraph (B)) equivalent to
      the aggregate increase in tax liabilities under chapter 1 of the
      Internal Revenue Code of 1986 [26 U.S.C. 1 et seq.] which is
      attributable to the application of section 72(r) of the Internal
      Revenue Code of 1986 [26 U.S.C. 72(r)] (as added by this Act).
        "(B) Revenue increases attributable to windfall benefits
      received after september 30, 1988, transferred to dual benefits
      payments account. - There are hereby appropriated to the Dual
      Benefits Payments Account amounts equivalent to the aggregate
      increase in tax liabilities under chapter 1 of such Code which is
      attributable to the application of section 72(r) of such Code (as
      added by this Act) with respect to windfall benefits received
      after September 30, 1988.
        "(C) Windfall benefits defined. - For purposes of this
      paragraph, the term 'windfall benefits' means any benefit paid
      under section 3(h), 4(e), or 4(h) of the Railroad Retirement Act
      of 1974 [sections 231b(h), 231(e), (h) of this title].
      "(2) Transfers. - The amounts appropriated by paragraph (1) shall
    be transferred from time to time (but not less frequently than
    quarterly) from the general fund of the Treasury on the basis of
    estimates made by the Secretary of the Treasury of the amounts
    referred to in paragraph (1). Any such quarterly payment shall be
    made on the first day of such quarter and shall take into account
    benefits estimated to be received during such quarter. Proper
    adjustments shall be made in the amounts subsequently transferred
    to the extent prior estimates were in excess of or less than the
    amounts required to be transferred.
      "(3) Revenue increases from tax on supplemental annuities not
    included. - Paragraph (1) shall not apply to tax liabilities
    attributable to supplemental annuities paid under section 2(b) of
    the Railroad Retirement Act of 1974 [section 231a(b) of this
    title]."

      TAX USED TO REPAY LOANS MADE TO RAILROAD UNEMPLOYMENT INSURANCE
                                  ACCOUNT
      Section 232 of Pub. L. 98-76, as amended by Pub. L. 99-272, title
    XIII, Sec. 13301(c), Apr. 7, 1986, 100 Stat. 326; Pub. L. 99-514,
    Sec. 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 100-647, title VII,
    Sec. 7106(c)(6), (7), Nov. 10, 1988, 102 Stat. 3774; Pub. L. 101-
    508, title XI, Sec. 11704(a)(40), Nov. 5, 1990, 104 Stat. 1388-
    520, provided that:
      "(a) Transfer to Railroad Retirement Account. - 
        "(1) In general. - The Secretary of the Treasury shall transfer
      from the general fund of the Treasury to the Railroad Retirement
      Account an amount equal to the additional railroad unemployment
      taxes received in the Treasury.
        "(2) Taxes credited against loans to railroad unemployment
      insurance account. - 
          "(A) Taxes attributable to basic rate to reduce railroad
        unemployment loans made before october 1, 1985. - So much of
        the amount transferred under paragraph (1) as is not
        attributable to the surtax rate under section 7106(b) of the
        Railroad Unemployment Insurance and Retirement Improvement Act
        of 1988 [Pub. L. 100-647, set out as a note under section 3321
        of Title 26, Internal Revenue Code] shall be credited against,
        and operate to reduce, the outstanding balance of railroad
        unemployment loans made before October 1, 1985.
          "(B) Taxes attributable to surtax rate to reduce railroad
        unemployment loans made after september 30, 1985. - So much of
        the amount transferred under paragraph (1) as is attributable
        to the surtax rate under section 7106(b) of such Act shall be
        credited against, and operate to reduce, the outstanding
        balance of railroad unemployment loans made after September 30,
        1985.
      "(b) Transfers Made Monthly. - Transfers under subsection (a)
    shall be made at least monthly on the basis of estimates made by
    the Secretary of the Treasury of the amount of the additional
    railroad unemployment taxes received in the Treasury. Proper
    adjustments shall be made in the amount subsequently transferred to
    the extent prior estimates were in excess of or were less than the
    amounts required to be transferred.
      "(c) Transfers to Railroad Unemployment Fund After Loans Repaid. -
     If - 
        "(1) the amount described in subparagraph (A) or (B) of
      subsection (a)(2) which (but for this subsection) would be
      transferred to the Railroad Retirement Account under subsection
      (a), exceeds - 
        "(2) the outstanding balance of railroad unemployment loans (as
      of the time of such transfer) against which the amount described
      in such subparagraph may be credited under such subparagraph,
    such transfer (to the extent it exceeds such outstanding balance)
    shall be made to the Railroad Unemployment Account.
      "(d) Definitions. - For purposes of this section - 
        "(1) Additional railroad unemployment taxes. - The term
      'additional railroad unemployment taxes' means the taxes imposed
      by chapter 23A of the Internal Revenue Code of 1986 [26 U.S.C.
      3321 et seq.].
        "(2) Railroad unemployment account. - The term 'Railroad
      Unemployment Account' means the railroad unemployment insurance
      account in the unemployment trust fund established pursuant to
      section 904 of the Social Security Act [42 U.S.C. 1104].
        "(3) Railroad unemployment loans. - The term 'railroad
      unemployment loans' means transfers under section 10(d) of the
      Railroad Unemployment Insurance Act [45 U.S.C. 360(d)] from the
      Railroad Retirement Account to the Railroad Unemployment Account.
      The outstanding balance of such loans shall include any interest
      required to be paid under such section 10(d)."

     REIMBURSEMENT OF RAILROAD RETIREMENT ACT ACCOUNTS; "UNNEGOTIATED
                          BENEFIT CHECKS" DEFINED
      Section 417(c) of Pub. L. 98-76 provided that:
      "(1) The Secretary of the Treasury shall transfer from the
    general fund of the Treasury to each Account established in the
    Treasury for the payment of benefits under the Railroad Retirement
    Act of 1974 [this subchapter] in the month following the month in
    which this section is enacted [Aug. 1983] and in each of the next
    succeeding months until May, 1985, such sums as may be necessary to
    reimburse such Accounts in the proportionate amount of all checks
    (including interest thereon) attributable to such Accounts which
    the Secretary and the Board jointly determine to be unnegotiated
    benefit checks, to the extent provided in advance in appropriation
    Acts. After any amounts authorized by this subsection have been
    transferred to an Account or Accounts with respect to any benefit
    check, the provisions of paragraphs (3) and (4) of section 15(i) of
    the Railroad Retirement Act of 1974 (as added by subsection (a) of
    this section) [subsec. (i)(3), (4) of this section] shall be
    applicable to such check.
      "(2) As used in paragraph (1) of this subsection, the term
    'unnegotiated benefit checks' means checks for benefits under the
    Railroad Retirement Act of 1974 [this subchapter] or under the
    Railroad Retirement Act of 1937 [subchapter III of this chapter]
    which are issued prior to May 1, 1985, which remain unnegotiated
    after the sixth month following the date on which they were issued,
    and with respect to which no transfers have previously been made in
    accordance with the first sentence of such paragraph."

     TREATMENT OF CERTAIN CREDITS AS AMOUNTS COVERED INTO THE TREASURY 
      Pub. L. 98-21, title I, Sec. 123(b)(5), Apr. 20, 1983, 97 Stat.
    89, as amended by Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat.
    2095, provided that: "For purposes of subsection (a) of section 15
    of the Railroad Retirement Act of 1974 [subsec. (a) of this
    section], amounts allowed as a credit under subsection (e) of
    section 3510 of the Internal Revenue Code of 1986 [26 U.S.C.
    3510(e)] shall be treated as amounts covered into the Treasury
    under subsection (a) of section 3201 of such Code [26 U.S.C.
    3201(a)]."

    ANALYSIS OF OPTIONS THAT WILL ASSURE LONG-TERM FINANCIAL INTEGRITY
     OF THE RAILROAD RETIREMENT SYSTEM: REPORT AND RECOMMENDATIONS TO
                                 CONGRESS
      Section 1126(a) of Pub. L. 97-35 directed President, not later
    than Oct. 1, 1982, to analyze options that would assure long-term
    financial integrity of railroad retirement system and report to
    Congress results of such analysis, together with recommendations
    with respect to such options and such comments as may have been
    submitted by representatives of railroad labor and management.

-End-



-CITE-
    45 USC Sec. 231n-1                                          01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 9 - RETIREMENT OF RAILROAD EMPLOYEES
    SUBCHAPTER IV - RAILROAD RETIREMENT ACT OF 1974

-HEAD-
    Sec. 231n-1. Social Security Equivalent Benefit Account

-STATUTE-
    (a) Establishment
      There is hereby created an account in the Treasury of the United
    States to be known as the "Social Security Equivalent Benefit
    Account".
    (b) Transfers, etc., to Social Security Equivalent Benefit Account
      (1) There is hereby appropriated to the Social Security
    Equivalent Benefit Account for each fiscal year, beginning with the
    fiscal year beginning October 1, 1984, an amount equal to the sum
    of the following amounts:
        (A) Amounts covered into the Treasury (minus refunds) during
      such fiscal year under sections 3201(a), 3211(a)(1), and 3221(a)
      of the Railroad Retirement Tax Act [26 U.S.C. 3201(a),
      3211(a)(1), 3221(a)].
        (B) The amount which (but for this section) would have been
      transferred to the Railroad Retirement Account under section
      121(e) of the Social Security Amendments of 1983 to the extent
      that the amount which would have been so transferred is
      attributable to taxation of social security equivalent benefits.

    Amounts appropriated to the Railroad Retirement Account shall be
    appropriately reduced to take into account the amounts appropriated
    under this paragraph to the Social Security Equivalent Benefit
    Account.
      (2) On and after October 1, 1984, any amount which (but for this
    section) would have been transferred to the Railroad Retirement
    Account pursuant to paragraph (2) or (4) of section 231f(c) of this
    title shall be transferred to the Social Security Equivalent
    Benefit Account. On and after October 1, 1984, no transfer shall be
    made to the Railroad Retirement Account pursuant to paragraph (2)
    or (4) of section 231f(c) of this title.
      (3) To the extent that the authorization for appropriation
    contained in section 231n(b) of this title is attributable to the
    cost of social security equivalent benefits, on and after October
    1, 1984, any reference in such section to the Railroad Retirement
    Account shall be treated as a reference to the Social Security
    Equivalent Benefit Account.
      (4) Amounts appropriated or transferred to the Social Security
    Equivalent Benefit Account under this section shall be credited or
    transferred to such Account at the same time and in the same manner
    as such amounts would have been credited or transferred to the
    Railroad Retirement Account but for this section.
    (c) Availability and transfer of funds
      (1) Except as otherwise provided in this section, amounts in the
    Social Security Equivalent Benefit Account shall be available only
    for purposes of paying social security equivalent benefits under
    this subchapter and to provide for the administrative expenses of
    the Board allocable to social security equivalent benefits. The
    Secretary shall from time to time transfer to the disbursing agent
    under section 231f(b)(4) of this title amounts necessary to pay
    those benefits.
      (2) On and after October 1, 1984, any transfer which (but for
    this paragraph) would be required to be made from the Railroad
    Retirement Account under paragraph (2) or (4) of section 231f(c) of
    this title shall be made from the Social Security Equivalent
    Benefit Account.
    (d) Transfers to Social Security Equivalent Benefit Account and
      National Railroad Retirement Investment Trust
      (1) Whenever the Board finds that the balance in the Social
    Security Equivalent Benefit Account will be insufficient to pay
    social security equivalent benefits which it estimates are due in
    any month, it shall request the Secretary of the Treasury to
    transfer from the Railroad Retirement Account to the credit of the
    Social Security Equivalent Benefit Account such moneys as the Board
    estimates will be necessary for the payment of such benefits, and
    the Secretary shall make such transfer.
      (2) Upon establishment of the National Railroad Retirement
    Investment Trust and from time to time thereafter, the Board shall
    direct the Secretary of the Treasury to transfer, in such manner as
    will maximize the investment returns to the Railroad Retirement
    system, the balance of the Social Security Equivalent Benefit
    Account not needed to pay current benefits and administrative
    expenses required to be paid from that Account to the National
    Railroad Retirement Investment Trust or the Railroad Retirement
    Account, and the Secretary shall make that transfer. Any balance
    transferred under this paragraph shall be used by the National
    Railroad Retirement Investment Trust or the Railroad Retirement
    Board only to pay benefits under this subchapter or to purchase
    obligations of the United States (either directly or through a
    commingled account consisting only of such obligations) that are
    backed by the full faith and credit of the United States pursuant
    to chapter 31 of title 31. The proceeds of sales of, and the
    interest income from, such obligations shall be used by the Trust
    only to pay benefits under this subchapter or to purchase such
    additional obligations.
    (e) Applicability of section 231n
      The provisions of subsections (e), (f), and (g) of section 231n
    of this title are hereby made applicable to the Social Security
    Equivalent Benefit Account.
    (f) References to Railroad Retirement Account deemed references to
      Social Security Equivalent Benefit Account; "social security
      equivalent benefits" defined
      (1) For purposes of making payments of social security equivalent
    benefits, references in the (!1) subchapter to the Railroad
    Retirement Account shall be treated as references to the Social
    Security Equivalent Benefit Account.

      (2) For purposes of this section, the term "social security
    equivalent benefits" means benefits payable under this subchapter
    which are of a kind taken into account in determining the amount of
    transfers made under section 231f(c)(2) of this title.

-SOURCE-
    (Aug. 29, 1935, ch. 812, Sec. 15A, as added Pub. L. 98-76, title V,
    Sec. 501(a), Aug. 12, 1983, 97 Stat. 438; amended Pub. L. 107-90,
    title I, Sec. 107(c), Dec. 21, 2001, 115 Stat. 888; Pub. L. 108-
    203, title IV, Sec. 426(e), Mar. 2, 2004, 118 Stat. 538.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 121(e) of the Social Security Amendments of 1983,
    referred to in subsec. (b)(1)(B), is section 121(e) of Pub. L. 98-
    21, title I, Apr. 20, 1983, 97 Stat. 83, which is set out as a
    note under section 401 of Title 42, The Public Health and Welfare.


-MISC1-
                                AMENDMENTS                            
      2004 - Subsec. (d)(2). Pub. L. 108-203 inserted "or the Railroad
    Retirement Account" before ", and the Secretary shall make", "or
    the Railroad Retirement Board" before "only to pay benefits",
    "(either directly or through a commingled account consisting only
    of such obligations)" after "obligations of the United States", and
    "or to purchase such additional obligations" before period at end.
      2001 - Subsec. (c)(1). Pub. L. 107-90, Sec. 107(c)(2), inserted
    at end "The Secretary shall from time to time transfer to the
    disbursing agent under section 231f(b)(4) of this title amounts
    necessary to pay those benefits."
      Subsec. (d)(1). Pub. L. 107-90, Sec. 107(c)(3), struck out at
    end: "Whenever later in such month there is a transfer to the
    Social Security Equivalent Benefit Account under paragraph (2) or
    (4) of section 231f(c) of this title, the amount so transferred
    shall be immediately retransferred to the Railroad Retirement
    Account. The amount retransferred under the preceding sentence
    shall not exceed the amount of any outstanding transfers under this
    paragraph from the Railroad Retirement Account plus such additional
    amounts determined by the Board to be equal to the loss of interest
    to the Railroad Retirement Account resulting from such outstanding
    transfers."
      Subsec. (d)(2). Pub. L. 107-90, Sec. 107(c)(1), amended par. (2)
    generally. Prior to amendment, par. (2) read as follows: "Whenever
    the Board determines that - 
        "(A) amounts in the Railroad Retirement Account will not be
      sufficient to pay the annuities which it estimates are due, or
      will become due, from such Account, and
        "(B) the transfer under this paragraph will not jeopardize the
      present or future payment of social security equivalent benefits,
    the Board shall request the Secretary of the Treasury to transfer
    from the Social Security Equivalent Benefit Account to the Railroad
    Retirement Account such moneys as the Board estimates will be
    necessary for the payment of such annuities, and the Secretary
    shall make such transfer. No transfer under this paragraph shall be
    required to be repaid."

                              EFFECTIVE DATE                          
      Section 501(b)(1) of Pub. L. 98-76 provided that: "The amendment
    made by this section [enacting this section] shall take effect on
    October 1, 1984."

        TREATMENT OF TIER 1 PORTION OF TAX IMPOSED WITH RESPECT TO
                       COMPENSATION PAID BEFORE 1985
      Section 501(b)(2) of Pub. L. 98-76, as amended by Pub. L. 99-514,
    Sec. 2, Oct. 22, 1986, 100 Stat. 2095, provided that:
      "(A) The tier 1 portion of the tax imposed by section 3201, 3211,
    or 3221 of the Internal Revenue Code of 1986 [formerly I.R.C. 1954]
    [26 U.S.C. 3201, 3211, 3221], as the case may be, with respect to
    compensation paid before 1985 shall be treated as described in
    subparagraph (A) of section 15A(b)(1) of the Railroad Retirement
    Act of 1974 [subsec. (b)(1)(A) of this section].
      "(B) For purposes of subparagraph (A), the tier 1 portion of any
    tax is so much of such tax as is determined by reference to the
    rates of taxes imposed by chapter 21 of the Internal Revenue Code
    of 1986 [26 U.S.C. 3101 et seq.]."

-FOOTNOTE-
    (!1) So in original. Probably should be "this".


-End-



-CITE-
    45 USC Sec. 231o                                            01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 9 - RETIREMENT OF RAILROAD EMPLOYEES
    SUBCHAPTER IV - RAILROAD RETIREMENT ACT OF 1974

-HEAD-
    Sec. 231o. Private pensions

-STATUTE-
      Nothing in this subchapter shall be taken as restricting or
    discouraging payment by employers to retired employees of pensions
    or gratuities in addition to the annuities paid to such employees
    under this subchapter, nor shall this subchapter be taken as
    terminating any trust heretofore created for the payment of such
    pensions or gratuities. The annuity, except a supplemental annuity
    under section 231a(b) of this title, of an individual shall not be
    reduced on account of any pension or gratuity paid by an employer
    to such individual.

-SOURCE-
    (Aug. 29, 1935, ch. 812, Sec. 16, as restated June 24, 1937, ch.
    382, pt. I, 50 Stat. 307, as restated Pub. L. 93-445, title I, Sec.
    101, Oct. 16, 1974, 88 Stat. 1349.)

-End-



-CITE-
    45 USC Sec. 231p                                            01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 9 - RETIREMENT OF RAILROAD EMPLOYEES
    SUBCHAPTER IV - RAILROAD RETIREMENT ACT OF 1974

-HEAD-
    Sec. 231p. Free transportation

-STATUTE-
      It shall not be unlawful for carriers by railroad subject to this
    subchapter to furnish free transportation to individuals receiving
    annuities under this subchapter in the same manner as such
    transportation is furnished to employees in their service.

-SOURCE-
    (Aug. 29, 1935, ch. 812, Sec. 17, as restated June 24, 1937, ch.
    382, pt. I, 50 Stat. 307, as restated Pub. L. 93-445, title I, Sec.
    101, Oct. 16, 1974, 88 Stat. 1349.)

-End-



-CITE-
    45 USC Sec. 231q                                            01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 9 - RETIREMENT OF RAILROAD EMPLOYEES
    SUBCHAPTER IV - RAILROAD RETIREMENT ACT OF 1974

-HEAD-
    Sec. 231q. Crediting service under Social Security Act

-STATUTE-
      (1) Except as provided in subdivision (2), the term "employment"
    as defined in section 216 of the Social Security Act [42 U.S.C.
    416] shall not include service performed by an individual as an
    employee as defined in section 231(b) of this title.
      (2) For the purpose of determining (i) monthly insurance benefits
    under the Social Security Act [42 U.S.C. 301 et seq.] to an
    employee who will have completed less than ten years of service (or
    less than five years of service, all of which accrues after
    December 31, 1995) and to others deriving from him or her during
    his or her life and (ii) monthly insurance benefits and lump-sum
    death benefits under such Act with respect to the death of an
    employee who (A) will have completed less than ten years of service
    (or less than five years of service, all of which accrues after
    December 31, 1995) or (B) will have completed ten or more years of
    service (or five or more years of service, all of which accrues
    after December 31, 1995) but will not have had a current connection
    with the railroad industry at the time of his death, and for the
    purposes of section 203 and section 216(i) of that Act [42 U.S.C.
    403, 416(i)], section 210(a)(9) of the Social Security Act [42
    U.S.C. 410(a)(9)] and subdivision (1) of this section shall not
    operate to exclude from "employment" under the Social Security Act
    service which would otherwise be included in such "employment" but
    for such sections. For such purpose, compensation paid in a
    calendar year shall, in the absence of evidence to the contrary, be
    presumed to have been paid in equal proportions with respect to all
    months in the year in which the employee will have been in service
    as an employee. In the application of the Social Security Act
    pursuant to this subdivision to service as an employee, all service
    as defined in section 231(d) of this title shall be deemed to have
    been performed within the United States.

-SOURCE-
    (Aug. 29, 1935, ch. 812, Sec. 18, as restated June 24, 1937, ch.
    382, pt. I, 50 Stat. 307, as restated Pub. L. 93-445, title I, Sec.
    101, Oct. 16, 1974, 88 Stat. 1349; amended Pub. L. 97-35, title XI,
    Sec. 1125, Aug. 13, 1981, 95 Stat. 639; Pub. L. 107-90, title I,
    Sec. 103(g), Dec. 21, 2001, 115 Stat. 881.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Social Security Act, referred to in par. (2), is act Aug. 14,
    1935, ch. 531, 49 Stat. 620, as amended, which is classified
    generally to chapter 7 (Sec. 301 et seq.) of Title 42, The Public
    Health and Welfare. For complete classification of this Act to the
    Code, see section 1305 of Title 42 and Tables.


-MISC1-
                                AMENDMENTS                            
      2001 - Par. (2). Pub. L. 107-90 inserted "(or less than five
    years of service, all of which accrues after December 31, 1995)"
    after "ten years of service" in two places and inserted "(or five
    or more years of service, all of which accrues after December 31,
    1995)" after "ten or more years of service".
      1981 - Par. (2). Pub. L. 97-35 inserted "and section 216(i)"
    after "203".

                     EFFECTIVE DATE OF 2001 AMENDMENT                 
      Amendment by Pub. L. 107-90 effective Jan. 1, 2002, see section
    103(j) of Pub. L. 107-90, set out as a note under section 405 of
    Title 42, The Public Health and Welfare.

                     EFFECTIVE DATE OF 1981 AMENDMENT                 
      Amendment by Pub. L. 97-35 effective Jan. 1, 1975, see section
    1129(b)(2) of Pub. L. 97-35, set out as a note under section 231 of
    this title.

-End-



-CITE-
    45 USC Sec. 231r                                            01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 9 - RETIREMENT OF RAILROAD EMPLOYEES
    SUBCHAPTER IV - RAILROAD RETIREMENT ACT OF 1974

-HEAD-
    Sec. 231r. Automatic benefit eligibility requirement adjustments

-STATUTE-
    (a) Reduced benefits
      If title II of the Social Security Act [42 U.S.C. 401 et seq.] is
    amended at any time after December 31, 1974, to reduce the
    eligibility requirements for old-age insurance benefits, disability
    insurance benefits, wife's insurance benefits payable to a wife,
    husband's insurance benefits, child's insurance benefits payable to
    a child of a deceased individual, widow's insurance benefits
    payable to a widow, widower's insurance benefits, mother's
    insurance benefits payable to a widow, or parent's insurance
    benefits, such reduced eligibility requirements shall be
    applicable, in accordance with regulations prescribed by the Board,
    to individuals, spouses, or survivors, as the case may be, under
    section 231a of this title to the extent that such reduced
    eligibility requirements would provide such individuals, spouses,
    or survivors with entitlement to annuities under such section 231a
    of this title to which they would not be entitled except for such
    reduced eligibility requirements: Provided, however, That no
    annuity shall be paid to any person pursuant to the provisions of
    this subsection if that person does not satisfy an eligibility
    requirement imposed by section 231a of this title of a kind not
    imposed by the Social Security Act [42 U.S.C. 301 et seq.] on
    December 31, 1974, or an eligibility requirement imposed by section
    231a of this title of a kind which was imposed by the Social
    Security Act on December 31, 1974, but which was not reduced by the
    amendment to that Act: Provided further, That the annuity amounts
    to which such individuals, spouses, or survivors will be entitled
    under this subchapter by reason of the provisions of this
    subsection shall be only such amounts as are determined under the
    provisions of section 231b(a), 231c(a), or 231c(f), respectively,
    of this title.
    (b) Additional eligible beneficiaries
      If title II of the Social Security Act [42 U.S.C. 401 et seq.] is
    amended at any time after December 31, 1974, to provide monthly
    insurance benefits under that Act to a class of beneficiaries not
    entitled to such benefits thereunder prior to January 1, 1975,
    every person who is a member of such class of beneficiaries shall
    be entitled to annuities under section 231a of this title, in
    accordance with regulations prescribed by the Board, in an amount
    equal to the amount of the monthly insurance benefit to which such
    person would have been entitled under the Social Security Act [42
    U.S.C. 301 et seq.] if service as an employee after December 31,
    1936, had been included in the term "employment" as defined in that
    Act.
    (c) Reduced conditions of entitlement; expanded benefits
      If section 226 [42 U.S.C. 426] or title XVIII [42 U.S.C. 1395 et
    seq.] of the Social Security Act is amended at any time after
    December 31, 1974, to reduce the conditions of entitlement to, or
    to expand the nature of, the benefits payable thereunder, or if
    health care benefits in addition to, or in lieu of, the benefits
    payable under such section 226 or such title XVIII are provided by
    any provision of law which becomes effective at any time after
    December 31, 1974, such reductions in the conditions of entitlement
    to benefits, such expanded benefits, or such additional, or
    substituted, health care benefits shall be available to every
    employee (as defined in this subchapter), and those deriving from
    him, in the same manner, and to the same extent, as if his service
    as an employee after December 31, 1936, had been included in the
    term "employment" as defined in the Social Security Act [42 U.S.C.
    301 et seq.]. The Board shall have the same authority, in
    accordance with regulations prescribed by it, to determine the
    rights of employees who will have completed ten years of service
    (or five or more years of service, all of which accrues after
    December 31, 1995), and of those deriving from such employees, to
    benefits provided by reason of the provisions of this subsection as
    the Secretary of Health and Human Services has with respect to
    individuals insured under the Social Security Act.
    (d) Limitations
      Notwithstanding the provisions of subsections (a), (b), and (c)
    of this section - 
        (1) No annuity or other benefit shall be payable to any person
      on the basis of the compensation and years of service of an
      individual by reason of the provisions of subsection (a), (b), or
      (c) of this section if, and to the extent that, such annuity or
      other benefit would duplicate a benefit payable to such person on
      the basis of such compensation and years of service under a
      provision of the Social Security Act [42 U.S.C. 301 et seq.], or
      any other Act of Congress, which becomes effective after December
      31, 1974.
        (2) No annuity shall be payable to a person by reason of
      subsection (a) or (b) of this section unless the individual upon
      whose compensation and years of service such annuity would be
      based will have (A) completed ten years of service (or five or
      more years of service, all of which accrues after December 31,
      1995), and (B) in the case of a survivor, had a current
      connection with the railroad industry at the time of his death.
        (3) If the Social Security Act [42 U.S.C. 301 et seq.] is
      amended after December 31, 1974, to remove any, or all,
      restriction on the receipt of more than one monthly insurance
      benefit thereunder, annuity amounts provided a person under
      section 231b(h), 231c(e), or 231c(h) of this title, or under
      section 204(a)(3), 204(a)(4), 206(3), or 207(3) of title II of
      this Act, shall be reduced (but not below zero) by the amount of
      any annuity provided such person under this subchapter by reason
      of such amendment.
        (4) If and to the extent that an annuity or other benefit
      payable to a person by reason of the provisions of subsection
      (a), (b), or (c) of this section duplicates an annuity or other
      benefit then payable to such person under other provisions of
      this subchapter, such annuity or other benefit then payable under
      other provisions of this subchapter shall be reduced (but not
      below zero) by the amount of the annuity or other benefit payable
      by reason of subsection (a), (b), or (c) of this section.

-SOURCE-
    (Aug. 29, 1935, ch. 812, Sec. 19, as restated June 24, 1937, ch.
    382, pt. I, 50 Stat. 307, as restated Pub. L. 93-445, title I, Sec.
    101, Oct. 16, 1974, 88 Stat. 1350; amended Pub. L. 96-88, title V,
    Sec. 509(b), Oct. 17, 1979, 93 Stat. 695; Pub. L. 107-90, title I,
    Sec. 103(h), Dec. 21, 2001, 115 Stat. 881.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Social Security Act, referred to in subsecs. (a), (b), (c),
    and (d)(1), (3), is act Aug. 14, 1935, ch. 531, 49 Stat. 620, as
    amended, which is classified generally to chapter 7 (Sec. 301 et
    seq.) of Title 42, The Public Health and Welfare. Titles II and
    XVIII of the Social Security Act are classified generally to
    subchapters II (Sec. 401 et seq.) and XVIII (Sec. 1395 et seq.),
    respectively, of chapter 7 of Title 42. For complete classification
    of this Act to the Code, see section 1305 of Title 42 and Tables.
      Sections 204(a)(3), 204(a)(4), 206(3), 207(3) of title II of this
    Act, referred to in subsec. (d)(3), are sections 204(a)(3),
    204(a)(4), 206(3), 207(3) of title II of Pub. L. 93-445 and are set
    out as part of a Transitional Provisions note under section 231 of
    this title.


-MISC1-
                                AMENDMENTS                            
      2001 - Subsec. (c). Pub. L. 107-90, Sec. 103(h)(1), inserted "(or
    five or more years of service, all of which accrues after December
    31, 1995)" after "ten years of service".
      Subsec. (d)(2). Pub. L. 107-90, Sec. 103(h)(2), inserted "(or
    five or more years of service, all of which accrues after December
    31, 1995)" after "ten years of service".

-CHANGE-
                              CHANGE OF NAME                          
      "Secretary of Health and Human Services" substituted for
    "Secretary of Health, Education, and Welfare" in subsec. (c)
    pursuant to section 509(b) of Pub. L. 96-88 which is classified to
    section 3508(b) of Title 20, Education.


-MISC2-
                     EFFECTIVE DATE OF 2001 AMENDMENT                 
      Amendment by Pub. L. 107-90 effective Jan. 1, 2002, see section
    103(j) of Pub. L. 107-90, set out as a note under section 405 of
    Title 42, The Public Health and Welfare.

-End-



-CITE-
    45 USC Sec. 231s                                            01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 9 - RETIREMENT OF RAILROAD EMPLOYEES
    SUBCHAPTER IV - RAILROAD RETIREMENT ACT OF 1974

-HEAD-
    Sec. 231s. Separability

-STATUTE-
      If any provision of this subchapter, or the application thereof
    to any person or circumstance, should be held invalid, the
    remainder of such subchapter, or the application of such provision
    to other persons or circumstances, shall not be affected thereby.

-SOURCE-
    (Aug. 29, 1935, ch. 812, Sec. 20, as restated June 24, 1937, ch.
    382, pt. I, 50 Stat. 307, as restated Pub. L. 93-445, title I, Sec.
    101, Oct. 16, 1974, 88 Stat. 1351.)

-End-



-CITE-
    45 USC Sec. 231t                                            01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 9 - RETIREMENT OF RAILROAD EMPLOYEES
    SUBCHAPTER IV - RAILROAD RETIREMENT ACT OF 1974

-HEAD-
    Sec. 231t. Short title

-STATUTE-
      This subchapter may be cited as the "Railroad Retirement Act of
    1974".

-SOURCE-
    (Aug. 29, 1935, ch. 812, Sec. 21, as restated June 24, 1937, ch.
    382, pt. I, 50 Stat. 307, as restated Pub. L. 93-445, title I, Sec.
    101, Oct. 16, 1974, 88 Stat. 1351.)


-MISC1-
                       SHORT TITLE OF 2001 AMENDMENT                   
      Pub. L. 107-90, Sec. 1(a), Dec. 21, 2001, 115 Stat. 878, provided
    that: "This Act [enacting section 231v of this title and subchapter
    E of chapter 22 of Title 26, Internal Revenue Code, amending
    sections 231a to 231f, 231n, 231n-1, 231q, 231r, and 231u of this
    title, sections 24, 72, 501, 3201, 3211, 3221, and 3231 of Title
    26, and section 405 of Title 42, The Public Health and Welfare, and
    enacting provisions set out as notes under sections 231b, 231c, and
    231n of this title, sections 24 and 3211 of Title 26, and section
    405 of Title 42] may be cited as the 'Railroad Retirement and
    Survivors' Improvement Act of 2001'."

                       SHORT TITLE OF 1983 AMENDMENT                   
      Pub. L. 98-76, Sec. 1, Aug. 12, 1983, 97 Stat. 411, provided:
    "That this Act [enacting sections 231f-1, 231n-1 and 231v of this
    title and sections 3321 to 3323 and 6050G of Title 26, Internal
    Revenue Code, amending sections 231 to 231f, 231m, 231n, 231u, 351
    to 354, 358, and 360 of this title, sections 72, 86, 105, 3201,
    3202, 3211, 3221, 3231, 6157, 6201, 6317, 6513, and 6601 of Title
    26, and section 430 of Title 42, The Public Health and Welfare, and
    enacting provisions set out as notes under sections 231 to 231d,
    231f, 231m, 231n, 231n-1, 351, 352, and 362 of this title and
    sections 1, 72, 105, 3201, 3321, and 6302 of Title 26] may be cited
    as the 'Railroad Retirement Solvency Act of 1983'."

-End-



-CITE-
    45 USC Sec. 231u                                            01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 9 - RETIREMENT OF RAILROAD EMPLOYEES
    SUBCHAPTER IV - RAILROAD RETIREMENT ACT OF 1974

-HEAD-
    Sec. 231u. Benefit preservation

-STATUTE-
      (a)(1) On or before May 1 of each year beginning in 1984, the
    Railroad Retirement Board shall prepare a five-year projection of
    anticipated revenues to and payments from the Railroad Retirement
    Account to determine the ability of such Account to pay benefits in
    each of the next succeeding five calendar years. On or before May 1
    of each year beginning in 2003, the Railroad Retirement Board shall
    compute its projection of the account benefits ratio and the
    average account benefits ratio (as defined by section 3241(c) of
    the Internal Revenue Code of 1986 [26 U.S.C. 3241(c)]) for each of
    the next succeeding five fiscal years. No later than July 1 of each
    year, the Board shall submit a written report to the President, the
    Speaker of the House, and the President of the Senate setting forth
    the results of the projections prepared pursuant to the preceding
    two sentences. If the projection indicates that the funds in the
    Railroad Retirement Account will be insufficient to pay the full
    amount of the benefits under this subchapter which are payable from
    that Account at any time during the five-year period, the Board's
    report shall include - 
        (A) the first fiscal year during which benefits under this
      subchapter must be reduced, in the absence of any adjustments,
      because insufficient funds (including any general revenue
      borrowing authority under this subchapter) would preclude payment
      of full benefits (other than benfits (!1) payable from the Dual
      Benefits Payments Account) for every month in such fiscal year;

        (B) the first fiscal year during which the Board would
      recommend suspension of the authority to borrow contained in
      section 360(d) of this title, in order to prevent depletion of
      the Railroad Retirement Account; and
        (C) the amount, if any, of adjustments (stated in terms of
      percentage of taxable payroll), and any other changes such as
      cash flow adjustments, necessary to preserve the financial
      solvency of the Railroad Retirement Account, if such adjustments
      were effective at the beginning of the next succeeding fiscal
      year.

      (2) Not less than 20 nor more than 30 days after the submission
    of a written report under this subsection which indicates that, in
    the absence of any adjustments, the Railroad Retirement Account
    will contain insufficient funds to pay the full amount of the
    benefits under this subchapter which are payable from that Account
    at some time during the five-year period covered by the report, the
    Board shall publish such report in the Federal Register.
      (b) Not later than 180 days after the publication in the Federal
    Register of any Board report referred to in subsection (a) of this
    section which states an amount of adjustments (in terms of
    percentage of taxable payroll) necessary to preserve the financial
    solvency of the railroad retirement account - 
        (1) representatives of railroad employees and carriers shall,
      jointly or separately, submit to the President, the Speaker of
      the House, and the President of the Senate, funding proposals
      designed to preserve the financial solvency of the Railroad
      Retirement Account; and
        (2) the President shall submit to the Speaker of the House and
      the President of the Senate such recommendations as he may deem
      appropriate with respect to the preservation of the Railroad
      Retirement Account, including a specific proposal to assure
      continuous payments of social security equivalent benefits by
      separating the social security equivalent benefits from industry
      pension equivalent benefits payable under this subchapter.

      (c) Not later than 180 days after the submission of a written
    report under subsection (a) of this section which states the first
    fiscal year during which benefits under this subchapter must be
    reduced because insufficient funds would preclude payment of full
    benefits for every month of that year, the Board shall issue and
    publish in the Federal Register such regulations as may be
    necessary which shall be designed to - 
        (1) provide a constant level of benefits at the maximum level
      possible for every month of that fiscal year; and
        (2) provide that no individual shall receive less during that
      fiscal year than the amount otherwise payable if the employee's
      service as an employee after December 31, 1936, had been covered
      under the Social Security Act [42 U.S.C. 301 et seq.], minus the
      amount of any reduction required under section 231b(m) or 231c(i)
      of this title.

    Unless otherwise provided by law enacted after August 13, 1981, or
    by a later report filed by the Board under subsection (a) of this
    section, regulations issued by the Board under this subsection
    shall apply beginning with the fiscal year designated by the Board
    in its written report under subsection (a) of this section. Any
    Board regulation which becomes effective under this subsection may
    be modified, rescinded, or superseded in the same manner and to the
    same extent as in the case of any other Board regulation issued
    under authority of this subchapter.

-SOURCE-
    (Aug. 29, 1935, ch. 812, Sec. 22, as added Pub. L. 97-35, title XI,
    Sec. 1126(b), Aug. 13, 1981, 95 Stat. 639; amended Pub. L. 98-76,
    title I, Sec. 105, Aug. 12, 1983, 97 Stat. 416; Pub. L. 104-66,
    title II, Sec. 2221(b), Dec. 21, 1995, 109 Stat. 733; Pub. L. 107-
    90, title I, Sec. 108(a), Dec. 21, 2001, 115 Stat. 890.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Social Security Act, referred to in subsec. (c)(2), is act
    Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended, which is
    classified generally to chapter 7 (Sec. 301 et seq.) of Title 42,
    The Public Health and Welfare. For complete classification of this
    Act to the Code, see section 1305 of Title 42 and Tables.


-MISC1-
                                AMENDMENTS                            
      2001 - Subsec. (a)(1). Pub. L. 107-90 in introductory provisions,
    inserted after first sentence "On or before May 1 of each year
    beginning in 2003, the Railroad Retirement Board shall compute its
    projection of the account benefits ratio and the average account
    benefits ratio (as defined by section 3241(c) of the Internal
    Revenue Code of 1986) for each of the next succeeding five fiscal
    years." and substituted "the projections prepared pursuant to the
    preceding two sentences" for "the projection prepared pursuant to
    the preceding sentence".
      1995 - Subsec. (a)(1). Pub. L. 104-66 substituted "May 1" and
    "July 1" for "February 1" and "April 1", respectively, in
    introductory provisions.
      1983 - Subsec. (a). Pub. L. 98-76 amended subsec. (a) generally,
    substituting provisions requiring Railroad Retirement Board to
    annually prepare and report on a five-year projection of ability of
    Railroad Retirement Account to pay benefits during five-year period
    for provisions which required Board to prepare a report in any
    fiscal year in which it determined that more than 50 percent of
    borrowing authority under this subchapter would be used.

                              EFFECTIVE DATE                          
      Section effective Oct. 1, 1981, see section 1129(g) of Pub. L. 97-
    35, set out as an Effective Date of 1981 Amendment note under
    section 231 of this title.

-FOOTNOTE-
    (!1) So in original. Probably should be "benefits".


-End-



-CITE-
    45 USC Sec. 231v                                            01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 9 - RETIREMENT OF RAILROAD EMPLOYEES
    SUBCHAPTER IV - RAILROAD RETIREMENT ACT OF 1974

-HEAD-
    Sec. 231v. Computation and certification of account benefit ratios

-STATUTE-
    (a) Initial computation and certification
      On or before November 1, 2003, the Railroad Retirement Board
    shall - 
        (1) compute the account benefits ratios for each of the most
      recent 10 preceding fiscal years, and
        (2) certify the account benefits ratios for each such fiscal
      year to the Secretary of the Treasury.
    (b) Computations and certifications after 2003
      On or before November 1 of each year after 2003, the Railroad
    Retirement Board shall - 
        (1) compute the account benefits ratio for the fiscal year
      ending in such year, and
        (2) certify the account benefits ratio for such fiscal year to
      the Secretary of the Treasury.
    (c) Definition
      As used in this section, the term "account benefits ratio" has
    the meaning given that term in section 3241(c) of the Internal
    Revenue Code of 1986 [26 U.S.C. 3241(c)].

-SOURCE-
    (Aug. 29, 1935, ch. 812, Sec. 23, as added Pub. L. 107-90, title I,
    Sec. 108(b), Dec. 21, 2001, 115 Stat. 890.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 231v, act Aug. 29, 1935, ch. 812, Sec. 23, as
    added Aug. 12, 1983, Pub. L. 98-76, title IV, Sec. 418, 97 Stat.
    438, provided that for purposes of Inspector General Act of 1978,
    the Railroad Retirement Board is an "establishment" and the
    Chairman of such Board the "head of the establishment", prior to
    repeal by Pub. L. 100-504, title I, Secs. 102(e)(3), 113, Oct. 18,
    1988, 102 Stat. 2517, 2530, effective 180 days after Oct. 18, 1988.

-End-


-CITE-
    45 USC CHAPTER 10 - TAX ON CARRIERS AND EMPLOYEES           01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 10 - TAX ON CARRIERS AND EMPLOYEES

-HEAD-
                CHAPTER 10 - TAX ON CARRIERS AND EMPLOYEES            

-End-



-CITE-
    45 USC Secs. 241 to 253                                     01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 10 - TAX ON CARRIERS AND EMPLOYEES

-HEAD-
    Secs. 241 to 253. Repealed. June 29, 1937, ch. 405, Sec. 11, 50
      Stat. 440

-MISC1-
      Section 241, act Aug. 29, 1935, ch. 813, Sec. 1, 49 Stat. 974,
    defined terms for purposes of this subchapter.
      Section 242, act Aug. 29, 1935, ch. 813, Sec. 2, 49 Stat. 975,
    related to income tax on employees.
      Section 243, act Aug. 29, 1935, ch. 813, Sec. 3, 49 Stat. 975,
    related to deduction of tax from wages.
      Section 244, act Aug. 29, 1935, ch. 813, Sec. 4, 49 Stat. 975,
    related to excise tax on carriers.
      Section 245, act Aug. 29, 1935, ch. 813, Sec. 5, 49 Stat. 975,
    related to adjustment of tax.
      Section 246, act Aug. 29, 1935, ch. 813, Sec. 6, 49 Stat. 975,
    related to refunds and deficiencies.
      Section 247, act Aug. 29, 1935, ch. 813, Sec. 7, 49 Stat. 975,
    related to income tax on employees' representatives.
      Section 248, act Aug. 29, 1935, ch. 813, Sec. 8, 49 Stat. 976,
    related to collection and payment of taxes.
      Section 249, act Aug. 29, 1935, ch. 813, Sec. 9, 49 Stat. 976,
    related to court jurisdiction.
      Section 250, act Aug. 29, 1935, ch. 813, Sec. 10, 49 Stat. 976,
    related to penalties under this subchapter.
      Section 251, act Aug. 29, 1935, ch. 813, Sec. 11, 49 Stat. 976,
    related to meaning of "employment".
      Section 252, acts Aug. 29, 1935, ch. 813, Sec. 12, 49 Stat. 976;
    Feb. 27, 1937, ch. 19, 50 Stat. 23, related to termination of
    taxes.
      Section 253, act Aug. 29, 1935, ch. 813, Sec. 13, 49 Stat. 977,
    related to separability of provisions.

-End-



-CITE-
    45 USC Secs. 261 to 273                                     01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 10 - TAX ON CARRIERS AND EMPLOYEES

-HEAD-
    Secs. 261 to 273. Omitted

-COD-
                               CODIFICATION                           
      Sections 261 to 273 were omitted pursuant to section 4 of act
    Feb. 10, 1939, ch. 2, 53 Stat. 1, which provided that all laws or
    parts of laws codified into the Internal Revenue Code of 1939,
    enacted by act Feb. 10, 1939, to the extent they related
    exclusively to internal revenue laws, were repealed. The Internal
    Revenue Code of 1939 was generally repealed by section 7851 of act
    Aug. 16, 1954, ch. 736, 68A Stat. 919 (section 7851 of Title 26,
    Internal Revenue Code), which act enacted the Internal Revenue Code
    of 1954 [now 1986]. See section 7807 of Title 26, relating to
    applicability of rules in effect upon the enactment of the Internal
    Revenue Code of 1986.
      Section 261, acts June 29, 1937, ch. 405, Sec. 1, 50 Stat. 435;
    Aug. 13, 1940, ch. 664, Secs. 1, 3, 54 Stat. 785, 786, defined
    terms for purposes of this subchapter.
      Section 262, act June 29, 1937, ch. 405, Sec. 2, 50 Stat. 437,
    related to income tax on employees.
      Section 263, act June 29, 1937, ch. 405, Sec. 3, 50 Stat. 437,
    related to excise tax on employers.
      Section 264, act June 29, 1937, ch. 405, Sec. 4, 50 Stat. 438,
    related to refunds and deficiencies.
      Section 265, act June 29, 1937, ch. 405, Sec. 5, 50 Stat. 438,
    related to income tax on employee representatives.
      Section 266, act June 29, 1937, ch. 405, Sec. 6, 50 Stat. 439,
    related to deductibility from regular income tax.
      Section 267, act June 29, 1937, ch. 405, Sec. 7, 50 Stat. 439,
    related to collection and payment of taxes.
      Section 268, act June 29, 1937, ch. 405, Sec. 8, 50 Stat. 439,
    related to court jurisdiction.
      Section 269, act June 29, 1937, ch. 405, Sec. 9, 50 Stat. 439,
    related to Social Security Act.
      Section 270, act June 29, 1937, ch. 405, Sec. 10, 50 Stat. 440,
    related to separability of provisions.
      Section 271, act June 29, 1937, ch. 405, Sec. 11, 50 Stat. 440,
    related to repeals.
      Section 272, act June 29, 1937, ch. 405, Sec. 12, 50 Stat. 440,
    related to rules and regulations.
      Section 273, act June 29, 1937, ch. 405, Sec. 13, 50 Stat. 440,
    related to short title of this subchapter.
      For provisions formerly set out in this subchapter which were
    covered by sections of the Internal Revenue Code of 1939, see the
    sections of the Internal Revenue Code of 1986, Title 26, Internal
    Revenue Code, indicated in the following table:


         Omitted sections            I.R.C. 1939          I.R.C. 1986   
    --------------------------------------------------------------------
    261 (as amended Aug. 13,     1532                  3231, 7701.      
     1940, ch. 664, Secs. 1,                                            
     3, 54 Stat. 785, 786)                                              
    262                          1500, 1501            3201, 3202,      
                                                        6205(a)(1),     
                                                        6413(a)(1).     
    263                          1520, 1521            3221,            
                                                        6205(a)(1),     
                                                        6413(a)(1).     
    264                          1502, 1522            6205(b), 6413(b).
    265                          1510, 1511            3211, 3212.      
    266                          1503, 1508, 1512      3502.            
    267                          1422, 1530, 1531,     3501, 3503,      
                                  1536                  6011(a), 6071,  
                                                        6081(a),        
                                                        6091(a),        
                                                        6151(a), 6313,  
                                                        6601(a), (f)(1).
    268                          1534                  3232.            
    269                          1426(b)(9), (10),     3121(b)(9),      
                                  1428                  (10), 3124.     
    270                          3802                  7511.            
    271                                                                 
    272                          1535                  7805(a), (c).    
    273                                                                 
    --------------------------------------------------------------------



-MISC1-
      COMPENSATION FROM LOCAL DIVISION OF RAILWAY-LABOR-ORGANIZATION
                 EMPLOYER TAX - UNPAID BEFORE JULY 1, 1940
      Act Oct. 10, 1940, ch. 842, Sec. 27(b), 54 Stat. 1101, provided
    that, for the purpose of determining the amount of taxes under
    sections 262(a) and 263(a) of this title, compensation earned in
    the service of a local lodge or division of a railway-labor-
    organization employer shall be disregarded with respect to any
    calendar month if the amount thereof is less than $3 and the taxes
    thereon under such sections are not paid before July 1, 1940.

-End-


-CITE-
    45 USC CHAPTER 11 - RAILROAD UNEMPLOYMENT INSURANCE         01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 11 - RAILROAD UNEMPLOYMENT INSURANCE

-HEAD-
               CHAPTER 11 - RAILROAD UNEMPLOYMENT INSURANCE           

-MISC1-
    Sec.                                                     
    351.        Definitions.                                          
    352.        Benefits.                                             
                  (a)  Days for which benefits payable; determination
                        of amount.                                    
                  (b)  Time of payments.                              
                  (c)  Maximum number of days for benefits.           
                  (d)  Overpayment of benefits; recovery; liability of
                        officers.                                     
                  (e)  Assignment, taxation, garnishment, attachment,
                        etc., of benefits.                            
                  (f)  Effect of payment of benefits for remunerable
                        period; payment of surplus remuneration to
                        Board.                                        
                  (g)  Payment of accrued benefits upon death.        
    353.        Qualifying condition.                                 
    354.        Disqualifying conditions.                             
                  (a-1)Day of unemployment or day of sickness.        
                  (a-2)Day of unemployment.                           
                  (b)  Participation, interest, or financial
                        assistance in labor dispute.                  
                  (c)  Unsuitable work.                               
                  (d)  Factors in determination of suitable work.     
                  (e)  Voluntarily leaving unsuitable work.           
    355.        Claims for benefits.                                  
                  (a)  Publication of Board's regulations.            
                  (b)  Findings, hearings, investigations, etc., by
                        Board.                                        
                  (c)  Hearing and review of decisions on claims.     
                  (d)  Decisions of reviewing bodies; review and
                        finality.                                     
                  (e)  Application of rules of evidence in law and
                        equity; notice of findings.                   
                  (f)  Review of final decision of Board by Courts of
                        Appeals; costs.                               
                  (g)  Finality of Board decisions.                   
                  (h)  Benefits payable prior to final decision of
                        Board.                                        
                  (i)  Fees for presenting claims; penalties.         
    355a.       Acceptance of claims for benefits.                    
    356.        Returns of compensation; conclusiveness; failure to
                 make.                                                
    357.        Free transportation.                                  
    358.        Contributions.                                        
                  (a)  Employer contribution.                         
                  (b)  Employee representative contribution.          
                  (c)  Board proclamation of balance.                 
                  (d)  Notifications by Board.                        
                  (e)  Information to verify accuracy to be made
                        available.                                    
                  (f)  Fractional parts of a cent.                    
                  (g)  Adjustments for improper payments.             
                  (h)  Refunding overpayment; collecting underpayment.
                  (i)  Collection and deposit of contributions.       
                  (j)  Time for payment; failure to pay promptly.     
                  (k)  Application of other laws; authority of Board. 
    359.        Penalties.                                            
                  (a)  Failure to make report or furnish information;
                        false or fraudulent statement or claim.       
                  (b)  Agreement by employee to bear employer's
                        contribution.                                 
                  (c)  Punishments not specifically provided.         
                  (d)  Payment and disposition of fines or penalties. 
    360.        Railroad unemployment insurance account.              
                  (a)  Funds constituting account; availability for
                        benefits or refunds.                          
                  (b)  Payment of benefits or refunds.                
                  (c)  Annual report to Congress.                     
                  (d)  Transfer and retransfer of funds; interest.    
    361.        Railroad unemployment insurance administration fund.  
                  (a)  Maintenance of account; amounts constituting
                        fund.                                         
                  (b)  Authorization of appropriations; advance of
                        sums; repayment.                              
                  (c)  Availability for administrative expenses.      
                  (d)  Transfer of excess to insurance account.       
    362.        Duties and powers of Board.                           
                  (a)  Witnesses; subpenas, service, fees, etc.       
                  (b)  Enforcement of subpenas by courts; contempts;
                        service of orders, writs, or processes.       
                  (c)  Repealed.                                      
                  (d)  Information as confidential.                   
                  (e)  Certification of claims; authorization of
                        employee to make payments; bond.              
                  (f)  Cooperation with other agencies administering
                        unemployment or sickness compensation laws;
                        agreements.                                   
                  (g)  Benefits also subject to a State law; mutual
                        reimbursement.                                
                  (h)  Assistance from employers and labor
                        organizations; compensation.                  
                  (i)  Free employment offices; registration of
                        unemployed; statements of sickness;
                        reemployment.                                 
                  (j)  Advisory councils; members' remuneration.      
                  (k)  Reduction of unemployment; training and
                        reemployment of unemployed employees, etc.    
                  (l)  Necessary and incidental powers; employees of
                        Board, employment, remuneration, civil-service
                        laws, registration of unemployed, and detail. 
                  (m)  Delegation of powers.                          
                  (n)  Sickness benefits; examinations; information
                        and reports; contracts and expenses for
                        examinations.                                 
                  (o)  Liability of third party for sickness;
                        reimbursement of Board.                       
                  (p)  Disqualification to execute statements of
                        sickness or receive fees.                     
                  (q)  Investigations and research with respect to
                        accidents and disabilities.                   
                  (r)  Duty of Board to make certain computations.    
    363.        Exclusiveness of provisions; transfers from State
                 unemployment compensation accounts to railroad
                 unemployment insurance account.                      
                  (a)  Omitted.                                       
                  (b)  Effect on State unemployment compensation laws.
                  (c)  Determination of "preliminary amount" for
                        States.                                       
                  (d)  Withholding amounts from certification to
                        States; transfers to railroad unemployment
                        compensation account.                         
                  (e)  Transfers and withdrawals, effect upon social
                        security provisions.                          
                  (f)  Payments to railroad unemployment insurance
                        account; transfers from unemployment trust
                        fund of States.                               
    363a.       Refunds of State unemployment contributions by
                 employees; amount; application period; definitions.  
    364.        District of Columbia account, transfer of funds to
                 railroad unemployment insurance account.             
    365.        Omitted.                                              
    366.        Separability.                                         
    366a.       Effect of Internal Revenue Code.                      
    367.        Short title.                                          
    368.        Repealed.                                             
    369.        Annual report.                                        

-End-



-CITE-
    45 USC Sec. 351                                             01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 11 - RAILROAD UNEMPLOYMENT INSURANCE

-HEAD-
    Sec. 351. Definitions

-STATUTE-
      For the purposes of this chapter, except when used in amending
    the provisions of other Acts - 
      (a) The term "employer" means any carrier (as defined in
    subsection (b) of this section), and any company which is directly
    or indirectly owned or controlled by one or more such carriers or
    under common control therewith, and which operates any equipment or
    facility or performs any service (except trucking service, casual
    service, and the casual operation of equipment or facilities) in
    connection with the transportation of passengers or property by
    railroad, or the receipt, delivery, elevation, transfer in transit,
    refrigeration or icing, storage, or handling of property
    transported by railroad, and any receiver, trustee, or other
    individual or body, judicial or otherwise, when in the possession
    of the property or operating all or any part of the business of any
    such employer: Provided, however, That the term "employer" shall
    not include any street, interurban, or suburban electric railway,
    unless such railway is operating as a part of a general steam-
    railroad system of transportation, but shall not exclude any part
    of the general steam-railroad system of transportation now or
    hereafter operated by any other motive power. The Surface
    Transportation Board is hereby authorized and directed upon request
    of the Railroad Retirement Board, or upon complaint of any party
    interested, to determine after hearing whether any line operated by
    electric power falls within the terms of this proviso. The term
    "employer" shall also include railroad associations, traffic
    associations, tariff bureaus, demurrage bureaus, weighing and
    inspection bureaus, collection agencies, and other associations,
    bureaus, agencies, or organizations controlled and maintained
    wholly or principally by two or more employers as hereinbefore
    defined and engaged in the performance of services in connection
    with or incidental to railroad transportation; and railway labor
    organizations, national in scope, which have been or may be
    organized in accordance with the provisions of the Railway Labor
    Act [45 U.S.C. 151 et seq.], and their State and National
    legislative committees and their general committees and their
    insurance departments and their local lodges and divisions,
    established pursuant to the constitution and bylaws of such
    organizations. The term "employer" shall not include any company by
    reason of its being engaged in the mining of coal, the supplying of
    coal to an employer where delivery is not beyond the mine tipple,
    and the operation of equipment or facilities therefor, or in any of
    such activities.
      (b) The term "carrier" means a railroad subject to the
    jurisdiction of the Surface Transportation Board under part A of
    subtitle IV of title 49.
      (c) The term "company" includes corporations, associations, and
    joint-stock companies.
      (d) The term "employee" (except when used in phrases establishing
    a different meaning) means any individual who is or has been (i) in
    the service of one or more employers for compensation, or (ii) an
    employee representative. The term "employee" shall include an
    employee of a local lodge or division defined as an employer in
    subsection (a) of this section only if he was in the service of a
    carrier on or after August 29, 1935. The term "employee" includes
    an officer of an employer.
      The term "employee" shall not include any individual while such
    individual is engaged in the physical operations consisting of the
    mining of coal, the preparation of coal, the handling (other than
    movement by rail with standard railroad locomotives) of coal not
    beyond the mine tipple, or the loading of coal at the tipple.
      (e) An individual is in the service of an employer whether his
    service is rendered within or without the United States if (i) he
    is subject to the continuing authority of the employer to supervise
    and direct the manner of rendition of his service, or he is
    rendering professional or technical services and is integrated into
    the staff of the employer, or he is rendering, on the property used
    in the employer's operations, other personal services the rendition
    of which is integrated into the employer's operations, and (ii) he
    renders such service for compensation: Provided, however, That an
    individual shall be deemed to be in the service of an employer,
    other than a local lodge or division or a general committee of a
    railway-labor-organization employer, not conducting the principal
    part of its business in the United States only when he is rendering
    service to it in the United States; and an individual shall be
    deemed to be in the service of such a local lodge or division only
    if (1) all, or substantially all, the individuals constituting its
    membership are employees of an employer conducting the principal
    part of its business in the United States; or (2) the headquarters
    of such local lodge or division is located in the United States;
    and an individual shall be deemed to be in the service of such a
    general committee only if (1) he is representing a local lodge or
    division described in clauses (1) or (2) immediately above; or (2)
    all, or substantially all, the individuals represented by it are
    employees of an employer conducting the principal part of its
    business in the United States; or (3) he acts in the capacity of a
    general chairman or an assistant general chairman of a general
    committee which represents individuals rendering service in the
    United States to an employer, but in such case if his office or
    headquarters is not located in the United States and the
    individuals represented by such general committee are employees of
    an employer not conducting the principal part of its business in
    the United States, only such proportion of the remuneration for
    such service shall be regarded as compensation as the proportion
    which the mileage in the United States under the jurisdiction of
    such general committee bears to the total mileage under its
    jurisdiction, unless such mileage formula is inapplicable, in which
    case the Board may prescribe such other formula as it finds to be
    equitable, and if the application of such mileage formula, or such
    other formula as the Board may prescribe, would result in the
    compensation of the individual being less than 10 per centum of his
    remuneration for such service no part of such remuneration shall be
    regarded as compensation: Provided further, That an individual not
    a citizen or resident of the United States shall not be deemed to
    be in the service of an employer when rendering service outside the
    United States to an employer who is required under the laws
    applicable in the place where the service is rendered to employ
    therein, in whole or in part, citizens or residents thereof.
      (f) The term "employee representative" means any officer or
    official representative of a railway labor organization other than
    a labor organization included in the term employer as defined in
    subsection (a) of this section who before or after August 29, 1935,
    was in the service of an employer as defined in said subsection and
    who is duly authorized and designated to represent employees in
    accordance with the Railway Labor Act [45 U.S.C. 151 et seq.], and
    any individual who is regularly assigned to or regularly employed
    by such officer or official representative in connection with the
    duties of his office.
      (g) The term "employment" means service performed as an employee.
    For the purposes of determining eligibility for and the amount of
    benefits and the amount of contributions due pursuant to this
    chapter, employment after June 30, 1940, in the service of a local
    lodge or division of a railway-labor-organization employer or as an
    employee representative shall be disregarded. For purposes of
    determining eligibility for and the amount of benefits and the
    amount of contributions due pursuant to this chapter, employment as
    a delegate to a national or international convention of a railway
    labor organization defined as an "employer", in subsection (a) of
    this section, shall be disregarded if the individual having such
    employment has not previously rendered service, other than as such
    a delegate, which may be included in his "years of service" for
    purposes of the Railroad Retirement Act [45 U.S.C. 231 et seq.].
      (h) The term "registration period" means, with respect to any
    employee, the period which begins with the first day for which such
    employee registers at an employment office in accordance with such
    regulations as the Board may prescribe, and ends with whichever is
    the earlier of (i) the thirteenth day thereafter, or (ii) the day
    immediately preceding the day for which he next registers at a
    different employment office; and thereafter each period which
    begins with the first day for which he next registers at an
    employment office after the end of his last preceding registration
    period which began with a day for which he registered at an
    employment office and ends with whichever is the earlier of (i) the
    thirteenth day thereafter, or (ii) the day immediately preceding
    the day for which he next registers at a different employment
    office.
      The term "registration period" means also, with respect to any
    employee, the period which begins with the first day with respect
    to which a statement of sickness for a "period of continuing
    sickness" (as defined in section 352(a) of this title) is filed in
    his behalf in accordance with such regulations as the Board may
    prescribe, or the first such day after the end of a registration
    period which will have begun with a day with respect to which a
    statement of sickness for a "period of continuing sickness" (as
    defined in section 352(a) of this title) was filed in his behalf,
    and ends with whichever is the earlier of (i) the thirteenth day
    thereafter, or (ii) the day immediately preceding the day with
    respect to which a statement of sickness for a new "period of
    continuing sickness" (as defined in section 352(a) of this title)
    is filed in his behalf.
      (i)(1) In General. - The term "compensation" means any form of
    money remuneration, including pay for time lost but excluding tips,
    paid for services rendered as an employee to one or more employers,
    or as an employee representative, except that in computing the
    compensation paid to any employee, no part of any month's
    compensation in excess of the monthly compensation base (as defined
    in subdivision (2)) for any month shall be recognized. Solely for
    the purpose of determining the compensation received by an employee
    in a base year, the term "compensation" shall include any
    separation allowance or subsistence allowance paid under any
    benefit schedule provided under section 701 (!1) of title VII of
    the Regional Rail Reorganization Act of 1973 [45 U.S.C. 797] and
    any termination allowance paid under section 702 of that Act [45
    U.S.C. 797a], but does not include any other benefits payable under
    that title [45 U.S.C. 797 et seq.]. The total amount of any
    subsistence allowance payable under a benefit schedule provided
    pursuant to section 701 (!1) of the Regional Rail Reorganization
    Act of 1973 shall be considered as being compensation in the month
    in which the employee first timely filed a claim for such an
    allowance. Such term does not include remuneration for service
    which is performed by a nonresident alien individual for the period
    he is temporarily present in the United States as a nonimmigrant
    under subparagraph (F) or (J) of section 1101(a)(15) of title 8 and
    which is performed to carry out the purpose specified in
    subparagraph (F) or (J) as the case may be. A payment made by an
    employer to an individual through the employer's pay roll shall be
    presumed, in the absence of evidence to the contrary, to be
    compensation for service rendered by such individual as an employee
    of the employer in the period with respect to which the payment is
    made. An employee shall be deemed to be paid, "for time lost" the
    amount he is paid by an employer with respect to an identifiable
    period of absence from the active service of the employer,
    including absence on account of personal injury, and the amount he
    is paid by the employer for loss of earnings resulting from his
    displacement to a less remunerative position or occupation. If a
    payment is made by an employer with respect to a personal injury
    and includes pay for time lost, the total payment shall be deemed
    to be paid for time lost unless, at the time of payment, a part of
    such payment is specifically apportioned to factors other than time
    lost, in which event only such part of the payment as is not so
    apportioned shall be deemed to be paid for time lost. Compensation
    earned in any calendar month before 1947 shall be deemed paid in
    such month regardless of whether or when payment will have been in
    fact made, and compensation earned in any calendar year after 1946
    but paid after the end of such calendar year shall be deemed to be
    compensation paid in the calendar year in which it will have been
    earned if it is so reported by the employer before February 1 of
    the next succeeding calendar year or, if the employee establishes,
    subject to the provisions of section 356 of this title, the period
    during which such compensation will have been earned.

      (2) Monthly Compensation Base. - 
        (A) In general. - For purposes of subdivision (1), the term
      "monthly compensation base" means the amount - 
          (i) of $400 for calendar months before January 1, 1984;
          (ii) of $600 for calendar months after December 31, 1983 and
        before January 1, 1989; and
          (iii) computed under subparagraph (B) for months after
        December 31, 1988.

        (B) Computation. - 
          (i) In general. - The amount of the monthly compensation base
        for each calendar year beginning after December 31, 1988, is
        the greater of - 
            (I) $600; or
            (II) the amount, as rounded under clause (iii) if
          applicable, computed under the formula:

                      B=600  (1+  ( (A-37,800) / 56,700) )  )        

          (ii) Meaning of symbols. - For the purposes of the formula in
        clause (i) - 
            (I) "B" is the dollar amount of the monthly compensation
          base; and
            (II) "A" is the amount of the applicable base with respect
          to tier 1 taxes, for the calendar year for which the monthly
          compensation base is being computed, as determined under
          section 3231(e)(2) of title 26.

          (iii) Rounding rule. - If the monthly compensation base
        computed under this formula is not a multiple of $5, it shall
        be rounded to the nearest multiple of $5, with such rounding
        being upward in the event the amount computed is equidistant
        between two multiples of $5.

      (j) The term "remuneration" means pay for services for hire,
    including pay for time lost, and tips, but pay for time lost shall
    be deemed earned on the day on which such time is lost. The term
    "remuneration" includes also earned income other than for services
    for hire if the accrual thereof in whole or in part is
    ascertainable with respect to a particular day or particular days.
    The term "remuneration" does not include any money payments
    received pursuant to any nongovernmental plan for unemployment
    insurance, maternity insurance, or sickness insurance.
      (k) Subject to the provisions of section 354 of this title (1) a
    day of unemployment, with respect to any employee, means a calendar
    day on which he is able to work and is available for work and with
    respect to which (i) no remuneration is payable or accrues to him,
    and (ii) he has, in accordance with such regulations as the Board
    may prescribe, registered at an employment office; and (2) a "day
    of sickness", with respect to any employee, means a calendar day on
    which because of any physical, mental, psychological, or nervous
    injury, illness, sickness, or disease he is not able to work, or,
    with respect to a female employee, a calendar day on which, because
    of pregnancy, miscarriage, or the birth of a child, (i) she is
    unable to work or (ii) working would be injurious to her health,
    and with respect to which (i) no remuneration is payable or accrues
    to him, and (ii) in accordance with such regulations as the Board
    may prescribe, a statement of sickness is filed within such
    reasonable period, not in excess of ten days, as the Board may
    prescribe: Provided, however, That "subsidiary remuneration", as
    hereinafter defined in this subsection, shall not be considered
    remuneration for the purpose of this subsection except with respect
    to an employee whose base-year compensation, exclusive of earnings
    from the position or occupation in which he earned such subsidiary
    remuneration, is less than an amount that is equal to 2.5 times the
    monthly compensation base for months in such base year as computed
    under subsection (i) of this section: Provided further, That
    remuneration for a working day which includes a part of each of two
    consecutive calendar days shall be deemed to have been earned on
    the first of such two days, and any individual who takes work for
    such working day shall not by reason thereof be deemed not
    available for work on the second of such calendar days: Provided
    further, That any calendar day on which no remuneration is payable
    to or accrues to an employee solely because of the application to
    him of mileage or work restrictions agreed upon in schedule
    agreements between employers and employees or solely because he is
    standing by for or laying over between regularly assigned trips or
    tours of duty shall not be considered either a day of unemployment
    or a day of sickness.
      For the purpose of this subsection, the term "subsidiary
    remuneration" means, with respect to any employee, remuneration not
    in excess of an average of $15 a day for the period with respect to
    which such remuneration is payable or accrues, if the work from
    which the remuneration is derived (i) requires substantially less
    than full time as determined by generally prevailing standards, and
    (ii) is susceptible of performance at such times and under such
    circumstances as not to be inconsistent with the holding of normal
    full-time employment in another occupation.
      (l)(1) The term "benefits" (except in phrases clearly designating
    other payments) means the money payments payable to an employee as
    provided in this chapter, with respect to his unemployment or
    sickness.
      (2) The term "statement of sickness" means a statement with
    respect to days of sickness of an employee, executed in such manner
    and form by an individual duly authorized pursuant to section
    362(i) of this title to execute such statements, and filed as the
    Board may prescribe by regulations.
      (m) The term "benefit year" means the twelve-month period
    beginning July 1 of any year and ending June 30 of the next year,
    except that a registration period beginning in June and ending in
    July shall be deemed to be in the benefit year ending in such month
    of June.
      (n) The term "base year" means the completed calendar year
    immediately preceding the beginning of the benefit year.
      (o) The term "employment office" means a free employment office
    operated by the Board, or designated as such by the Board pursuant
    to section 362(i) of this title.
      (p) The term "account" means the railroad unemployment insurance
    account established pursuant to section 360 of this title in the
    unemployment trust fund.
      (q) The term "fund" means the railroad unemployment insurance
    administration fund, established pursuant to section 361 of this
    title in the unemployment trust fund.
      (r) The term "Board" means the Railroad Retirement Board.
      (s) The term "United States", when used in a geographical sense,
    means the States and the District of Columbia.
      (t) The term "State" means any of the States or the District of
    Columbia.
      (u) Any reference in this chapter to any other Act of Congress,
    including such reference in amendments to other Acts, includes a
    reference to such other Act as amended from time to time.

-SOURCE-
    (June 25, 1938, ch. 680, Sec. 1, 52 Stat. 1094; June 20, 1939, ch.
    227, Secs. 1-6, 20, 53 Stat. 845, 848; Aug. 13, 1940, ch. 664,
    Secs. 1, 3, 54 Stat. 785, 786; Oct. 10, 1940, ch. 842, Secs. 2-8,
    54 Stat. 1094, 1095; Apr. 8, 1942, ch. 227, Sec. 15, 56 Stat. 210;
    July 31, 1946, ch. 709, Secs. 1, 2, 301-304, 60 Stat. 722, 735,
    736; Oct. 30, 1951, ch. 632, Sec. 26, 65 Stat. 691; Aug. 31, 1954,
    ch. 1164, pt. III, Secs. 301-303, 68 Stat. 1041; Pub. L. 85-927,
    pt. II, Sec. 201, Sept. 6, 1958, 72 Stat. 1782; Pub. L. 86-28, pt.
    III, Sec. 301, May 19, 1959, 73 Stat. 30; Pub. L. 89-700, title II,
    Sec. 201, Oct. 30, 1966, 80 Stat. 1087; Pub. L. 90-257, title II,
    Sec. 201, Feb. 15, 1968, 82 Stat. 23; Pub. L. 90-624, Sec. 3, Oct.
    22, 1968, 82 Stat. 1316; Pub. L. 94-92, title I, Sec. 1(a), (b),
    Aug. 9, 1975, 89 Stat. 461; Pub. L. 98-76, title IV, Secs. 402(b),
    403(b), 411(a)(1), title V, Sec. 503(b), Aug. 12, 1983, 97 Stat.
    434, 436, 441; Pub. L. 100-647, title VII, Secs. 7101(a), (b),
    7203(a), Nov. 10, 1988, 102 Stat. 3757, 3758, 3776; Pub. L. 104-88,
    title III, Sec. 324(1), (2), Dec. 29, 1995, 109 Stat. 950.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Railway Labor Act, referred to in subsecs. (a) and (f), is
    act May 20, 1926, ch. 347, 44 Stat. 577, as amended, which is
    classified principally to chapter 8 (Sec. 151 et seq.) of this
    title. For complete classification of this Act to the Code, see
    section 151 of this title and Tables.
      The Railroad Retirement Act, referred to in subsec. (g), probably
    means the Railroad Retirement Act of 1937, act Aug. 29, 1935, ch.
    812, as amended generally by act June 24, 1937, ch. 382, part I, 50
    Stat. 307, which was classified principally to subchapter III (Sec.
    228a et seq.) of chapter 9 of this title. The Railroad Retirement
    Act of 1937 was amended generally and redesignated the Railroad
    Retirement Act of 1974 by Pub. L. 93-445, title I, Oct. 16, 1974,
    88 Stat. 1305. The Railroad Retirement Act of 1974 is classified
    generally to subchapter IV (Sec. 231 et seq.) of chapter 9 of this
    title. For complete classification of these Acts to the Code, see
    Tables.
      The Regional Rail Reorganization Act of 1973, referred to in
    subsec. (i)(1), is Pub. L. 93-236, Jan. 2, 1974, 87 Stat. 985, as
    amended. Section 701 of title VII of the Regional Rail
    Reorganization Act of 1973 [45 U.S.C. 797] was repealed by Pub. L.
    99-509, title IV, Sec. 4024(c), Oct. 21, 1986, 100 Stat. 1904,
    effective on the sale date (Apr. 2, 1987). Title VII of the
    Regional Rail Reorganization Act of 1973 is classified generally to
    subchapter VII (Sec. 797 et seq.) of chapter 16 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.


-MISC1-
                                AMENDMENTS                            
      1995 - Subsec. (a). Pub. L. 104-88, Sec. 324(1), substituted
    "Surface Transportation Board is hereby authorized and directed
    upon request of the Railroad Retirement Board" for "Interstate
    Commerce Commission is hereby authorized and directed upon request
    of the Board".
      Subsec. (b). Pub. L. 104-88, Sec. 324(2), added subsec. (b) and
    struck out former subsec. (b) which read as follows: "The term
    'carrier' means an express company, sleeping-car company, or
    carrier by railroad, subject to part I of the Interstate Commerce
    Act."
      1988 - Subsec. (i). Pub. L. 100-647, Sec. 7101(a), designated
    existing provisions as par. (1), inserted par. heading, substituted
    ", except that in computing the compensation paid to any employee,
    no part of any month's compensation in excess of the monthly
    compensation base (as defined in subdivision (2)) for any month
    shall be recognized" for ": Provided, however, That in computing
    the compensation paid to any employee, no part of any month's
    compensation in excess of $300 for any month before July 1, 1954,
    or in excess of $350 for any month after June 30, 1954, and before
    the calendar month next following the month in which this chapter
    was amended in 1959, or in excess of $400 for any month after the
    month in which this chapter was so amended and before January 1984,
    or in excess of $600 for any month after 1983, shall be
    recognized", and added par. (2).
      Subsec. (k). Pub. L. 100-647, Sec. 7203(a), which directed
    amendment of second par. of subsec. (k) by substituting "$15" for
    "$10", was executed by making the substitution for "ten dollars" as
    the probable intent of Congress.
      Pub. L. 100-647, Sec. 7101(b), substituted "an amount that is
    equal to 2.5 times the monthly compensation base for months in such
    base year as computed under subsection (i) of this section" for
    "$1,500".
      1983 - Subsec. (i). Pub. L. 98-76, Sec. 503(b), inserted "and
    before January 1984, or in excess of $600 for any month after
    1983".
      Pub. L. 98-76, Sec. 403(b), inserted after first sentence "Solely
    for the purpose of determining the compensation received by an
    employee in a base year, the term 'compensation' shall include any
    separation allowance or subsistence allowance paid under any
    benefit schedule provided under section 701 of title VII of the
    Regional Rail Reorganization Act of 1973 and any termination
    allowance paid under section 702 of that Act, but does not include
    any other benefits payable under that title. The total amount of
    any subsistence allowance payable under a benefit schedule provided
    pursuant to section 701 of the Regional Rail Reorganization Act of
    1973 shall be considered as being compensation in the month in
    which the employee first timely filed a claim for such an
    allowance."
      Subsec. (j). Pub. L. 98-76, Sec. 402(b), struck out "(i) the
    voluntary payment by another, without deduction from the pay of an
    employee, of any tax or contribution now or hereafter imposed with
    respect to the remuneration of such employee, or (ii)" after "
    'remuneration' does not include".
      Subsec. (k). Pub. L. 98-76, Sec. 411(a)(1), substituted "$1,500"
    for "$1,000".
      1975 - Subsec. (h). Pub. L. 94-92, Sec. 1(a), inserted "for a
    period of continuing sickness (as defined in section 352(a) of this
    title)" after "a statement of sickness" wherever appearing and
    incorporated "and ends with the thirteenth day thereafter" in
    provision reading "and ends with whichever is the earlier of (i)
    the thirteenth day thereafter," and inserted cl. (ii) thereafter.
      Subsec. (k). Pub. L. 94-92, Sec. 1(b), substituted in second
    sentence "ten" for "three" dollars.
      1968 - Subsec. (i). Pub. L. 90-624 excluded remuneration for
    services performed by nonresident alien individuals temporarily in
    the United States as participants in a cultural exchange or
    training program.
      Subsec. (k). Pub. L. 90-257, Sec. 201(a), amended definitions of
    "day of sickness" so as to remove reference to a day in a maternity
    period and inserted references to a day of sickness for female
    employees when, because of pregnancy, miscarriage, or the birth of
    a child, she is unable to work or working is injurious to her
    health and raised from $750 to $1,000 the amount specified in the
    subsidiary remuneration provision.
      Subsec. (l). Pub. L. 90-257, Sec. 201(b), redesignated subsec.
    (l) defining "benefits" as subsec. (l)(1). Former subsec. (l)(1)
    redesignated (l)(2).
      Subsec. (l)(1). Pub. L. 90-257, Sec. 201(b), redesignated as
    subsec. (l)(1) former subsec. (l) defining "benefits".
      Subsec. (l)(2). Pub. L. 90-257, Sec. 201(b), redesignated as
    subsec. (l)(2) former subsec. (l)(1) defining "statement of
    sickness" and struck out reference to statement of maternity
    sickness. Former subsec. (l)(2) defining "maternity period" was
    struck out.
      1966 - Subsec. (i). Pub. L. 89-700, Sec. 201(a), substituted
    "section 356 of this title" for "section 358 of this title."
      Subsec. (k). Pub. L. 89-700, Sec. 201(b), substituted "$750" for
    "500".
      Subsecs. (s), (t). Pub. L. 89-700, Sec. 201(c), struck out ",
    Alaska, Hawaii," after "States".
      1959 - Subsec. (i). Pub. L. 86-28, Sec. 301(a), increased, for
    any month after May 1959, from $350 to $400 the maximum amount of
    monthly compensation to be used in computing benefits.
      Subsec. (k). Pub. L. 86-28, Sec. 301(b), substituted "$500" for
    "$400".
      1958 - Subsec. (k). Pub. L. 85-927, Sec. 201(a), substituted
    "first" for "second" and "second" for "first" in second proviso of
    first paragraph, and substituted "three dollars" for "one dollar"
    in second paragraph.
      Subsec. (q). Pub. L. 85-927, Sec. 201(b), inserted "in the
    unemployment trust fund".
      1954 - Subsec. (g). Act Aug. 31, 1954, Sec. 301, provided that
    compensation for service by an individual as a delegate to a
    convention of a national railway labor organization shall be
    disregarded in determining eligibility for benefits, if he has no
    previous creditable service.
      Subsec. (i). Act Aug. 31, 1954, Sec. 302, increased, after June
    30, 1954, from $300 to $350 the maximum amount of monthly
    compensation to be used in computing benefits.
      Subsec. (k). Act Aug. 31, 1954, Sec. 303 (part), substituted
    "$400" for "$150".
      1951 - Subsec. (k). Act Oct. 30, 1951, inserted last proviso of
    first par.
      1946 - Subsec. (e). Act July 31, 1946, Sec. 1, changed opening
    par. to include professional or technical services when integrated
    into staff of employer or other personal services the rendition of
    which is integrated into the employer's operations and added clause
    at end of first proviso excluding compensation of less than 10% of
    remuneration.
      Subsec. (h). Act July 31, 1946, Sec. 301, changed definition of
    registration period to cover days of sickness as well as days of
    unemployment.
      Subsec. (i). Act July 31, 1946, Sec. 2, changed definition of
    compensation to remuneration "paid" instead of "payable" and
    inserted provisions relating to presumption that a payment is
    compensation; payments for time lost and with respect to personal
    injury; and payments after the end of a calendar year earned during
    that year.
      Subsec. (j). Act July 31, 1946, Sec. 302, inserted reference to
    maternity insurance and sickness insurance.
      Subsec. (k)(2). Act July 31, 1946, Sec. 303, inserted cl. (2)
    defining day of sickness.
      Subsec. (l). Act July 31, 1946, Sec. 304, expanded definition of
    benefits to include payment with respect to sickness and added
    pars. (1) and (2), defining statement of sickness, statement of
    maternity sickness, and maternity period.
      1942 - Subsec. (e). Act Apr. 8, 1942, amended first proviso.
      1940 - Subsec. (a). Act Aug. 13, 1940, Sec. 1, excluded from
    definition of employer companies engaged in mining coal, supplying
    coal not beyond the mine tipple, and the operation of equipment or
    facilities therefor.
      Subsec. (d). Act Aug. 13, 1940, Sec. 3, excluded from definition
    of employee individuals engaged in mining coal, preparation of
    coal, handling (other than rail movement by standard locomotives)
    of coal not beyond the mine tipple, or the loading of coal at the
    tipple.
      Subsec. (l). Act Oct. 10, 1940, Sec. 6, redesignated subsec. (m)
    as (l). Former subsec. (l) redesignated (n) by act Oct. 10, 1940,
    Sec. 8.
      Subsec. (m). Act Oct. 10, 1940, Sec. 7, redesignated subsec. (n)
    as (m). Former subsec. (m) redesignated (l) by act Oct. 10, 1940,
    Sec. 6.
      Subsec. (n). Act Oct. 10, 1940, Sec. 8, redesignated former
    subsec. (l) as (n), and amended provisions generally. Former
    subsec. (n) redesignated (m) by act Oct. 10, 1940, Sec. 7.
      Subsec. (g). Act Oct. 10, 1940, Sec. 2, inserted provisions
    relating to employment after June 30, 1940, in service of a local
    lodge, etc.
      Subsec. (h). Act Oct. 10, 1940, Sec. 3, substituted provisions
    defining "registration period" for provisions defining "half
    month".
      Subsec. (j). Act Oct 10, 1940, Sec. 4, inserted provisions
    relating to earned income other than for services for hire to
    definition of "remuneration".
      Subsec. (k). Act Oct. 10, 1940, Sec. 5, inserted in cl. (i)
    "accrues" after "or", inserted provisions relating to "subsidiary
    remuneration", and substituted provisions relating to working days
    which include part of each of two consecutive calendar days, for
    provisions relating to work shifts which include part of two
    consecutive calendar days.
      1939 - Subsec. (d). Act June 20, 1939, Sec. 1, designated second
    paragraph as subsec. (e).
      Subsec. (e). Act June 20, 1939, Secs. 1, 2, designated second
    paragraph of subsec. (d) as (e) and inserted proviso relating to an
    individual not deemed a citizen or resident of the United States.
    Former subsec. (e) redesignated (f).
      Subsec. (f). Act June 20, 1939, Secs. 2, 3, redesignated former
    subsec. (e) as (f). Former subsec. (f), which defined "part-time
    worker", was struck out.
      Subsec. (h). Act June 20, 1939, Sec. 4, substituted provisions
    authorizing Board to define "half-month" for provisions defining
    "half-month" as a period of any fifteen consecutive days, with no
    day to be included in more than one period for any individual.
      Subsec. (i). Act June 20, 1939, Sec. 5, struck out comma after
    "money".
      Subsec. (k). Act June 20, 1939, Sec. 6, struck out proviso
    relating to calendar days for part-time workers.
      Subsec. (n). Act June 20, 1939, Sec. 20, inserted provisions
    relating to inclusion within "benefit year" half-months containing
    days of unemployment.

                     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 1988 AMENDMENT                 
      Section 7101(f) of Pub. L. 100-647 provided that: "The amendments
    made by this section [amending this section and sections 352, 354,
    and 362 of this title] shall take effect upon the date of the
    enactment of this Act [Nov. 10, 1988]."
      Section 7203(b) of Pub. L. 100-647 provided that: "The amendment
    made by this section [amending this section] shall take effect on
    July 1, 1988."

                     EFFECTIVE DATE OF 1983 AMENDMENT                 
      Amendment by section 402(b) of Pub. L. 98-76 applicable to
    compensation paid for services rendered after June 30, 1983, see
    section 402(c) of Pub. L. 98-76, set out as a note under section
    231 of this title.
      Amendment by section 403(b) of Pub. L. 98-76 effective Aug. 13,
    1981, see section 403(c) of Pub. L. 98-76, set out as a note under
    section 231 of this title.
      Section 411(b) of Pub. L. 98-76 provided that: "The amendments
    made by this section [amending this section and sections 353 and
    354 of this title] shall apply to compensation paid for services
    rendered after December 31, 1983."
      Section 503(c) of Pub. L. 98-76 provided that: "The amendments
    made by this section [amending this section and section 358 of this
    title] shall apply to compensation paid for services rendered after
    December 31, 1983."

                     EFFECTIVE DATE OF 1975 AMENDMENT                 
      Section 2 of Pub. L. 94-92 provided that:
      "(a) The amendment made by section 1(a) of this Act [amending
    this section] shall be effective with respect to days of sickness
    in registration periods beginning after June 30, 1975.
      "(b) The amendment with respect to qualifying conditions made by
    section 1(f) [amending section 353 of this title] shall be
    effective for services rendered after December 31, 1973.
      "(c) The amendments made by sections 1(b), 1(c), and 1(d)(1) of
    this Act [amending this section and section 352 of this title]
    shall be effective with respect to days of unemployment and days of
    sickness in registration periods beginning after June 30, 1975:
    Provided, however, That the amount of benefits paid for days of
    unemployment or days of sickness in a registration period beginning
    after June 30, 1975, and prior to the date of enactment of this Act
    [Aug. 9, 1975] shall, if paid to an employee who is covered by a
    nongovernmental plan for unemployment or sickness insurance and who
    has been paid benefits under such plan for one or more days within
    the registration period, be reduced by the amount, if any, by which
    the benefits paid to him under the nongovernmental plan would have
    been reduced if this Act [amending this section, sections 231m,
    352, 353, 358, 360, 361 of this title, and sections 1402 and 3231
    of Title 26, Internal Revenue Code, and enacting provisions set out
    as notes under this section and sections 231 and 231m of this
    title, and section 1402 of Title 26] had been enacted prior to July
    1, 1975, so that the employee will receive, the full amount of the
    combined benefits that he would have received under the Railroad
    Unemployment Insurance Act [this chapter] and the nongovernmental
    plan if the benefit increases provided by this Act had been enacted
    prior to said date. The amount of each such reduction in the
    benefits paid under the amendment made by section 1(c)(2) of this
    Act [amending section 352 of this title] shall be paid over by the
    Board to the insurer of the nongovernmental plan or to the employer
    if a self-insurer. Reductions in benefits and payments to insurers
    and employers hereunder shall be made on claims filed with the
    Board by such insurers and employers within thirty days after the
    date of enactment of this Act [Aug. 9, 1975].
      "(d) The amendments made by sections 1(d)(2) and 1(e) of this Act
    [amending section 352 of this title] shall be effective with
    respect to days of unemployment in registration periods beginning
    after June 30, 1975.
      "(e) The amendments made by sections 1(g), 1(h), 1(i)(1), and
    1(j) of this Act [amending sections 358, 360, and 361 of this
    title] shall be effective with respect to compensation paid for
    services rendered after December 31, 1975.
      "(f) The amendment made by section 1(i)(2) of this Act [amending
    section 360 of this title] shall be effective on the date of
    enactment of this Act [Aug. 9, 1975]."

                     EFFECTIVE DATE OF 1968 AMENDMENTS                 
      Section 4(b) of Pub. L. 90-624 provided that: "The amendments
    made by section 3 [amending this section] shall apply with respect
    to service performed after December 31, 1967."
      Amendment by section 201(a)(1) of Pub. L. 90-257 effective as of
    July 1, 1968, and amendment by section 201(a)(2) of Pub. L. 90-257
    effective with respect to base years beginning in calendar years
    after December 31, 1966, see section 208 of Pub. L. 90-257, set out
    as a note under section 352 of this title.

                     EFFECTIVE DATE OF 1959 AMENDMENT                 
      Section 309 of Pub. L. 86-28 provided that: "The amendments made
    by section 301(b) [amending this section] shall be effective with
    respect to days in registration periods beginning after June 30,
    1959. The amendments made by sections 302, 303(a), and 305
    [amending sections 352 and 354 of this title] shall be effective
    with respect to benefits accruing in general benefit years which
    begin after the benefit year ending June 30, 1958, and in extended
    benefit periods which begin after December 31, 1957. The amendment
    made by section 304 [amending section 353 of this title] shall be
    effective with respect to base years after the base year ending
    December 31, 1957. The amendments made by clauses (4) and (5) of
    section 306 [amending section 358 of this title, increasing the
    contribution rates for compensation paid after May, 1959] and
    clause (1) of section 307 [amending section 358 of this title,
    increasing the contribution rate from 3 to 3 3/4  percent] shall be
    effective as of the first day of the calendar month next following
    the month in which this Act was enacted [May, 1959], and shall
    apply only with respect to compensation paid for services rendered
    in calendar months after the month in which this Act was enacted
    [May, 1959]."

                     EFFECTIVE DATE OF 1958 AMENDMENT                 
      Section 207 of Pub. L. 85-927 provided that:
      "(a) The amendments made by section 201(a) [amending this
    section] shall be effective with respect to registration periods in
    benefit years after the benefit year ending on June 30, 1958.
      "(b) The amendments made by section 202 [amending section 354 of
    this title] shall be effective with respect to days in benefit
    years after the benefit year ending on June 30, 1958.
      "(c) The remaining amendments made by this part [amending this
    section, sections 358, 361, 362 of this title, and section 1104 of
    Title 42, The Public Health and Welfare] shall be effective, except
    as otherwise indicated therein, on the date of the enactment of
    this Act [Sept. 6, 1958]."

                     EFFECTIVE DATE OF 1954 AMENDMENT                 
      Sections 401 and 402 of act Aug. 31, 1954, provided that:
      "Sec. 401. The amendments made by this Act [enacting section 228s-
    1 of this title, amending this section, sections 228a, 228b, 228c,
    228e, 352, 353, and 358 of this title, sections 3201, 3202, 3211,
    3221, and 3231 of Title 26, Internal Revenue Code, and sections
    1500, 1501, 1510, 1520, 1532 of the Internal Revenue Code of 1939]
    shall be effective July 1, 1954, except as otherwise provided.
      "Sec. 402. The provisions of sections 1, 205, and 301 of this Act
    [amending this section, section 228a of this title, and section
    1532 of the Internal Revenue Code of 1939] shall be effective with
    respect to compensation paid on and after April 1, 1954."

                     EFFECTIVE DATE OF 1951 AMENDMENT                 
      Section 28 of act Oct. 30, 1951, provided that: "The provisions
    of sections 26 and 27 of the Act [amending sections 350 and 354 of
    this title] shall become effective with respect to registration
    periods beginning on and after January 1, 1952."

                     EFFECTIVE DATE OF 1946 AMENDMENTS                 
      Amendment by sections 1 and 2 of act July 31, 1946, effective
    July 31, 1946, see section 401 of act July 31, 1946.
      Amendment by sections 301 to 304 of act July 31, 1946, effective
    as of July 1, 1947, see section 403 of act July 31, 1946, set out
    as a note under section 352 of this title.

                     EFFECTIVE DATE OF 1942 AMENDMENT                 
      Act Apr. 8, 1942, besides amending subsec. (e) of this section,
    contained the following paragraph: "The amendment in this section
    shall operate in the same manner and have the same effect as if it
    had been part of the Railroad Unemployment Insurance Act [this
    chapter] when that Act was enacted on June 25, 1938: Provided,
    however, That no interest or penalties shall accrue or be deemed to
    have accrued for the failure to make returns under, or pay
    contributions levied by, section 8 of said Railroad Unemployment
    Insurance Act [section 358 of this title] with respect to the
    compensation of employees of any local lodge or division of a
    railway-labor-organization employer earned prior to July 1, 1940,
    and with respect to the compensation of employees of any general
    committee of a railway-labor-organization employer earned prior to
    the enactment of this amendment if, with respect to any such local
    lodge or division (1) the headquarters of such a local lodge or
    division was not located in the United States or (2) all, or
    substantially all, the individuals constituting the membership of
    such a local lodge or division were employees of an employer not
    conducting the principal part of its business in the United States;
    and if, with respect to any such general committee (1) the
    individuals represented by such a general committee were employees
    of an employer not conducting the principal part of its business in
    the United States, or (2) the service to such a general committee
    was rendered outside the United States, or (3) the office or
    headquarters of the individual rendering service to such a general
    committee was not located in the United States and if such returns
    are made and such contributions are paid by such a local lodge or
    division or by such a general committee within the time allowed for
    making returns and paying contributions with respect to the first
    calendar quarter beginning after the enactment of this amendment."

                     EFFECTIVE DATE OF 1940 AMENDMENT                 
      Section 1 of act Oct. 10, 1940, provided: "That the provisions of
    this act [amending this section, sections 228a, 228i, 352 to 355,
    356, 361, and 362 of this title, and section 1532 of former Title
    26, Internal Revenue Code of 1939, and enacting provisions set out
    as notes under this section and section 262 of this title] shall
    take effect on November 1, 1940, except that sections 2, 11, 25,
    26, and 27 [amending sections 228a, 228i, 351, and 352 of this
    title and section 1532 of former Title 26 and enacting provisions
    set out as a note under section 262 of this title] shall be
    effective as of July 1, 1940, and sections 19 and 20 [amending
    section 355 of this title] shall become effective upon the approval
    of this act: Provided, however, That - 
      "(a) A half-month which has begun prior to November 1, 1940, in
    accordance with the Railroad Unemployment Insurance Act [this
    chapter] and regulations thereunder, and which includes such date,
    shall continue, and benefits with respect thereto shall be computed
    and paid as if this act had not been enacted;
      "(b) All benefit years current on October 31, 1940, shall
    terminate (1) on October 31, 1940, or (2) on the last day of a half-
    month which includes October 31, 1940 and November 1, 1940,
    whichever is later, and, for the purposes of section 2(c) of the
    Railroad Unemployment Insurance Act [section 352(c) of this title],
    as amended by this act, all benefits paid for unemployment in half-
    months begun subsequent to June 30, 1940, and prior to November 1,
    1940, shall be deemed to have been paid for unemployment within the
    benefit year ending June 30, 1941;
      "(c) Benefits for unemployment in the first registration period,
    beginning after October 31, 1940, of an employee who has,
    subsequent to June 30, 1940, completed a waiting period under
    section 3(b) of the Railroad Unemployment Insurance Act [section
    353(b) of this title], shall be determined and computed as though
    such registration period were a subsequent registration period in
    the same benefit year."

      EXCLUSION FROM WAGES AND COMPENSATION OF REFUNDS REQUIRED FROM
      EMPLOYERS TO COMPENSATE FOR DUPLICATION OF MEDICARE BENEFITS BY
                HEALTH CARE BENEFITS PROVIDED BY EMPLOYERS
      For purposes of this chapter, the term "compensation" shall not
    include the amount of any refund required under section 421 of Pub.
    L. 100-360 [42 U.S.C. 1395b note], see section 10202 of Pub. L. 101-
    239, set out as a note under section 1395b of Title 42, The Public
    Health and Welfare.

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    45 USC Sec. 352                                             01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 11 - RAILROAD UNEMPLOYMENT INSURANCE

-HEAD-
    Sec. 352. Benefits

-STATUTE-
    (a) Days for which benefits payable; determination of amount
      (1)(A) Payment of Unemployment Benefits. - 
        (i) Generally. - Except as otherwise provided in this
      subparagraph, benefits shall be payable to any qualified employee
      for each day of unemployment in excess of 4 during any
      registration period within a period of continuing unemployment.
        (ii) Waiting period for first registration period. - Benefits
      shall be payable to any qualified employee for each day of
      unemployment in excess of 7 during that employee's first
      registration period in a period of continuing unemployment if
      such period of continuing unemployment is the employee's initial
      period of continuing unemployment commencing in the benefit year.
        (iii) Strikes. - 
          (I) Initial 14-day waiting period. - If the Board finds that
        a qualified employee has a period of continuing unemployment
        that includes days of unemployment due to a stoppage of work
        because of a strike in the establishment, premises, or
        enterprise at which such employee was last employed, no
        benefits shall be payable for such employee's first 14 days of
        unemployment due to such stoppage of work.
          (II) Subsequent days of unemployment. - For subsequent days
        of unemployment due to the same stoppage of work, benefits
        shall be payable as provided in clause (i) of this
        subparagraph.
          (III) Subsequent periods of continuing unemployment. - If
        such period of continuing unemployment ends by reason of clause
        (v) but the stoppage of work continues, the waiting period
        established in clause (ii) shall apply to the employee's first
        registration period in a new period of continuing unemployment
        based upon the same stoppage of work.

        (iv) Definition of period of continuing unemployment. - Except
      as limited by clause (v), for the purposes of this subparagraph,
      the term "period of continuing unemployment" means - 
          (I) a single registration period that includes more than 4
        days of unemployment;
          (II) a series of consecutive registration periods, each of
        which includes more than 4 days of unemployment; or
          (III) a series of successive registration periods, each of
        which includes more than 4 days of unemployment, if each
        succeeding registration period begins within 15 days after the
        last day of the immediately preceding registration period.

        (v) Special rule regarding end of period. - For purposes of
      applying clause (ii), a period of continuing unemployment ends
      when an employee exhausts rights to unemployment benefits under
      subsection (c) of this section.
        (vi) Limit on amount of benefits. - No benefits shall be
      payable to an otherwise eligible employee for any day of
      unemployment in a registration period where the total amount of
      the remuneration (as defined in section 351(j) of this title)
      payable or accruing to him for days within such registration
      period exceeds the amount of the base year monthly compensation
      base. For purposes of the preceding sentence, an employee's
      remuneration shall be deemed to include the gross amount of any
      remuneration that would have become payable to that employee but
      did not become payable because that employee was not ready or
      willing to perform suitable work available to that employee on
      any day within such registration period.

      (B) Payment of Sickness Benefits. - 
        (i) Generally. - Except as otherwise provided in this
      subparagraph, benefits shall be payable to any qualified employee
      for each day of sickness after the 4th consecutive day of
      sickness in a period of continuing sickness but excluding 4 days
      of sickness in any registration period in such period of
      continuing sickness.
        (ii) Waiting period for first registration period. - Benefits
      shall be payable to any qualified employee for each day of
      sickness in excess of 7 during that employee's first registration
      period in a period of continuing sickness if such period of
      continuing sickness is the employee's initial period of
      continuing sickness commencing in the benefit year. For the
      purposes of this clause, the first registration period in a
      period of continuing sickness is that registration period that
      first begins with 4 consecutive days of sickness and includes
      more than 4 days of sickness.
        (iii) Definition of period of continuing sickness. - For the
      purposes of this subparagraph, a period of continuing sickness
      means - 
          (I) a period of consecutive days of sickness, whether from 1
        or more causes; or
          (II) a period of successive days of sickness due to a single
        cause without interruption of more than 90 consecutive days
        which are not days of sickness.

        (iv) Special rule regarding end of period. - For purposes of
      applying clause (ii), a period of continuing sickness ends when
      an employee exhausts rights to sickness benefits under subsection
      (c) of this section.

      (2) The daily benefit rate with respect to any such employee for
    such day of unemployment or sickness shall be in an amount equal to
    60 per centum of the daily rate of compensation for the employee's
    last employment in which he engaged for an employer in the base
    year, but not less than $12.70: Provided, however, That for
    registration periods beginning after June 30, 1975, but before July
    1, 1976, such amount shall not exceed $24 per day of such
    unemployment or sickness, that for registration periods beginning
    after June 30, 1976, but before July 1, 1988, such amount shall not
    exceed $25 per day of such unemployment or sickness, that for
    registration periods beginning after June 30, 1988, but before July
    1, 1989, such amount shall not exceed $30 per day of unemployment
    or sickness, and that for registration periods beginning after June
    30, 1989, such amount shall not exceed the maximum daily benefit
    rate provided in paragraph (3) of this subsection. The daily rate
    of compensation referred to in this paragraph shall be determined
    by the Board on the basis of information furnished to the Board by
    the employee, his employer, or both.
      (3) The maximum daily benefit rate computed by the Board under
    section 362(r)(2) of this title shall be the product of the monthly
    compensation base, as computed under section 351(i)(2) of this
    title for the base year immediately preceding the beginning of the
    benefit year, multiplied by 5 percent. If the maximum daily benefit
    rate so computed is not a multiple of $1, it shall be rounded down
    to the nearest multiple of $1.
      (4) In computing benefits to be paid, days of unemployment shall
    not be combined with days of sickness in the same registration
    period.
    (b) Time of payments
      The benefits provided for in this section shall be paid to an
    employee at such reasonable intervals as the Board may prescribe.
    (c) Maximum number of days for benefits
      (1) Normal benefits
        (A) Generally
          The maximum number of days of unemployment within a benefit
        year for which benefits may be paid to an employee shall be
        130, and the maximum number of days of sickness within a
        benefit year for which benefits may be paid to an employee
        shall be 130.
        (B) Limitation
          The total amount of benefits that may be paid to an employee
        for days of unemployment within a benefit year shall in no case
        exceed the employee's compensation in the base year; and the
        total amount of benefits that may be paid to an employee for
        days of sickness within a benefit year shall in no case exceed
        the employee's compensation in the base year, except that
        notwithstanding section 351(i) of this title, in determining
        the employee's compensation in the base year for the purpose of
        this sentence, any money remuneration paid to the employee for
        services rendered as an employee shall be taken into account
        that is not in excess of an amount that bears the same ratio to
        $775 as the monthly compensation base for that year as computed
        under section 351(i) of this title bears to $600.
      (2) Extended benefits
        (A) Generally
          With respect to an employee who has 10 or more years of
        service as defined in section 231(f) of this title, who did not
        voluntarily retire and (in a case involving exhaustion of
        rights to normal benefits for days of unemployment) did not
        voluntarily leave work without good cause, and who had current
        rights to normal benefits for days of unemployment or days of
        sickness in a benefit year but has exhausted such rights, the
        benefit year in which such rights are exhausted shall be deemed
        not to be ended until the last day of the extended benefit
        period determined under this paragraph, and extended
        unemployment benefits or extended sickness benefits (depending
        on the type of normal benefit rights exhausted) may be paid for
        not more than 65 days of unemployment or 65 days of sickness
        within such extended benefit period.
        (B) Beginning date
          An employee's extended benefit period shall begin on the
        employee's first day of unemployment or first day of sickness,
        as the case may be, following the day on which the employee
        exhausts the employee's then current rights to normal benefits
        for days of unemployment or days of sickness and shall continue
        for 7 consecutive 14-day periods, each of which shall
        constitute a registration period, but no such extended benefit
        period shall extend beyond the beginning of the first
        registration period in a benefit year in which the employee is
        again qualified for benefits in accordance with section 353 of
        this title on the basis of compensation earned after the first
        of such consecutive 14-day periods has begun.
        (C) Termination when employee reaches age of 65
          Notwithstanding any other provision of this paragraph, an
        extended benefit period for sickness benefits shall terminate
        on the day next preceding the date on which the employee
        attains age 65, except that it may continue for the purpose of
        paying benefits for days of unemployment.
      (3) Accelerated benefits
        (A) General rule
          With respect to an employee who has 10 or more years of
        service as defined in section 231(f) of this title, who did not
        voluntarily retire, and (in a case involving unemployment
        benefits) did not voluntarily leave work without good cause,
        who has 14 or more consecutive days of unemployment, or 14 or
        more consecutive days of sickness, and who is not a qualified
        employee with respect to the general benefit year current when
        such unemployment or sickness commences but is or becomes a
        qualified employee for the next succeeding general benefit
        year, such succeeding general benefit year shall, in that
        employee's case, begin on the first day of the month in which
        such unemployment or sickness commences.
        (B) Exception
          In the case of a succeeding benefit year beginning in
        accordance with subparagraph (A) by reason of sickness, such
        sentence shall not operate to permit the payment of benefits in
        the period provided for in such sentence for any day of
        sickness beginning with the date on which the employee attains
        age 65, and continuing through the day preceding the first day
        of the next succeeding general benefit year.
        (C) Determination of age
          For the purposes of this subsection, the Board may rely on
        evidence of age available in its records and files at the time
        determinations of age are made.
    (d) Overpayment of benefits; recovery; liability of officers
      If the Board finds that at any time more than the correct amount
    of benefits has been paid to any individual under this chapter or a
    payment has been made to an individual not entitled thereto
    (including payments made prior to July 1, 1940), recovery by
    adjustments in subsequent payments to which such individual is
    entitled under this chapter or any other Act administered by the
    Board may, except as otherwise provided in this subsection, be made
    under regulations prescribed by the Board. If such individual dies
    before recovery is completed, recovery may be made by set-off or
    adjustments, under regulations prescribed by the Board, in
    subsequent payments due, under this chapter or any other Act
    administered by the Board, to the estate, designee, next of kin,
    legal representative, or surviving spouse of such individual, with
    respect to the employment of such individual.
      Adjustments under this subsection may be made either by
    deductions from subsequent payments or, with respect to payments
    which are to be made during a lifetime or lifetimes, by subtracting
    the total amount of benefits paid in excess of the proper amount
    from the actuarial value, as determined by the Board, of such
    payments to be made during a lifetime or lifetimes and recertifying
    such payments on the basis of the reduced actuarial value. In the
    latter case, recovery shall be deemed to have been completed upon
    such recertification.
      There shall be no recovery in any case in which more than the
    correct amount of benefits has been paid to an individual or
    payment has been made to an individual not entitled thereto
    (including payments made prior to July 1, 1940) who, in the
    judgment of the Board, is without fault when, in the judgment of
    the Board, recovery would be contrary to the purpose of this
    chapter or would be against equity or good conscience.
      No certifying or disbursing officer shall be held liable for any
    amount certified or paid by him in good faith to any person where
    the recovery of such amount is waived under the third paragraph of
    this subsection or has been begun but cannot be completed under the
    first paragraph of this subsection.
    (e) Assignment, taxation, garnishment, attachment, etc., of
      benefits
      Notwithstanding any other law of the United States, or of any
    State, Territory, or the District of Columbia, no benefits shall be
    assignable or be subject to any tax or to garnishment, attachment,
    or other legal process under any circumstances whatsoever, nor
    shall the payment thereof be anticipated.
    (f) Effect of payment of benefits for remunerable period; payment
      of surplus remuneration to Board
      If (i) benefits are paid to any employee with respect to
    unemployment or sickness in any registration period, and it is
    later determined that remuneration is payable to such employee with
    respect to any period which includes days in such registration
    period which had been determined to be days of unemployment or
    sickness, and (ii) the person or company from which such
    remuneration is payable has, before payment thereof, notice of the
    payment of benefits upon the basis of days of unemployment or
    sickness included in such period, the remuneration so payable shall
    not be reduced by reason of such benefits but the remuneration so
    payable, to the extent to which benefits were paid upon the basis
    of days which had been determined to be days of unemployment or
    sickness and which are included in the period for which such
    remuneration is payable, shall be held to be a special fund in
    trust for the Board. The amount of such special fund shall be paid
    to the Board and in the collection thereof the Board shall have the
    same authority, and the same penalties shall apply, as are provided
    in section 358 of this title with respect to contributions. The
    proceeds of such special fund shall be credited to the account.
    Such benefits, to the extent that they are represented in such a
    special fund which has been collected by the Board, shall be
    disregarded for the purposes of subsection (c) of this section.
    (g) Payment of accrued benefits upon death
      Benefits accrued to an individual but not yet paid at death
    shall, upon certification by the Board, be paid, without necessity
    of filing further claims therefor, to the same individual or
    individuals to whom any accrued annuities under section 231e(a)(1)
    of this title are paid. In the event that no such accrued annuities
    are paid, and if application for such accrued benefits is filed
    prior to the expiration of two years after the death of the
    individual to whom such benefits accrued, such accrued benefits
    shall be paid, upon certification by the Board, to the individual
    or individuals who would be entitled thereto under section
    231e(a)(1) of this title if such accrued benefits were accrued
    annuities. If there is no individual to whom all or any part of
    such accrued benefits can be paid in accordance with the foregoing
    provisions, such benefits or part thereof shall escheat to the
    credit of the account.

-SOURCE-
    (June 25, 1938, ch. 680, Sec. 2, 52 Stat. 1096; June 20, 1939, ch.
    227, Secs. 7-9, 21, 53 Stat. 845, 848; Oct. 10, 1940, ch. 842,
    Secs. 9-12, 54 Stat. 1095, 1096; July 31, 1946, ch. 709, Secs. 305-
    307, 60 Stat. 736, 737; May 15, 1952, ch. 290, Sec. 1, 66 Stat.
    73; Aug. 31, 1954, ch. 1164, pt. III, Sec. 304, 68 Stat. 1041; Aug.
    12, 1955, ch. 869, Sec. 4, 69 Stat. 716; Pub. L. 86-28, pt. III,
    Secs. 302, 303(a), May 19, 1959, 73 Stat. 30; Pub. L. 89-700, title
    II, Sec. 202, Oct. 30, 1966, 80 Stat. 1087; Pub. L. 90-257, title
    II, Sec. 202, Feb. 15, 1968, 82 Stat. 23; Pub. L. 93-445, title IV,
    Sec. 401, Oct. 16, 1974, 88 Stat. 1359; Pub. L. 94-92, title I,
    Sec. 1(c)-(e), Aug. 9, 1975, 89 Stat. 461, 462; Pub. L. 98-76,
    title IV, Sec. 412(a), Aug. 12, 1983, 97 Stat. 436; Pub. L. 100-
    647, title VII, Secs. 7101(c), 7201(a), Nov. 10, 1988, 102 Stat.
    3758, 3774; Pub. L. 104-88, title III, Sec. 324(3), Dec. 29, 1995,
    109 Stat. 950; Pub. L. 104-251, Secs. 2-5(b), Oct. 9, 1996, 110
    Stat. 3161-3165.)


-MISC1-
                                AMENDMENTS                            
      1996 - Subsec. (a)(1)(A). Pub. L. 104-251, Sec. 2, inserted
    heading and amended text generally. Prior to amendment, text read
    as follows: "(A)(i) Except as otherwise provided in this
    subparagraph, benefits shall be payable to any qualified employee
    for each day of unemployment in excess of 4 during any registration
    period.
      "(ii) No benefits shall be payable for days of unemployment
    during the first registration period within a benefit year in which
    the employee has more than 4 days of unemployment.
      "(iii) In any case in which the Board finds that an employee's
    unemployment was due to a stoppage of work because of a strike in
    the establishment, premises, or enterprise at which such employee
    was last employed, no benefits shall be payable for the first 14
    days of unemployment due to such stoppage of work. However, for
    subsequent days of unemployment due to such stoppage of work,
    benefits shall be payable to days in excess of 4 during any
    registration period."
      Subsec. (a)(1)(B). Pub. L. 104-251, Sec. 3, inserted heading and
    amended text generally. Prior to amendment, text read as follows:
      "(B)(i) Except as otherwise provided in this subparagraph,
    benefits shall be payable to any qualified employee for each day of
    sickness after the 4th consecutive day of sickness in a period of
    continuing sickness but excluding 4 days of sickness in any
    registration period.
      "(ii) No benefits shall be payable for days of sickness in the
    first registration period within a benefit year in which the
    employee has both 4 consecutive days of sickness and more than 4
    days of sickness.
      "(iii) For the purposes of this subparagraph, a period of
    continuing sickness means (I) a period of consecutive days of
    sickness, whether from one or more causes, or (II) a period of
    successive days of sickness due to a single cause without
    interruption of more than 90 consecutive days which are not days of
    sickness."
      Subsec. (a)(3). Pub. L. 104-251, Sec. 4, amended par. (3)
    generally. Prior to amendment, par. (3) provided the formula under
    which the Board was required to compute the maximum daily benefit
    rate under section 362(r)(2) of this title which could not be less
    than $30.
      Subsec. (c). Pub. L. 104-251, Sec. 5(a), inserted heading and
    amended text generally, designating existing provisions relating to
    normal benefits, extended benefits, and accelerated benefits as
    pars. (1) to (3), respectively, making technical changes in pars.
    (1) and (3), and in par. (2), deleting provisions which authorized
    extended benefits for certain employees with less than ten years of
    service as defined in section 231(f) of this title.
      Subsec. (h). Pub. L. 104-251, Sec. 5(b), struck out subsec. (h),
    which provided for determining extended benefit period for
    employees with less than 10 years of service under former subsec.
    (c).
      1995 - Subsec. (h)(3). Pub. L. 104-88 substituted "Surface
    Transportation Board, adjusted, as determined by the Railroad
    Retirement Board" for "Interstate Commerce Commission, adjusted, as
    determined by the Board".
      1988 - Subsec. (a)(1). Pub. L. 100-647, Sec. 7201(a)(1), (2),
    inserted "(1)" after "(a)" and substituted subpars. (A) and (B) for
    "Benefits shall be payable to any qualified employee for each day
    of unemployment in excess of four during any registration period:
    Provided, however, That in any case in which the Board finds that
    his unemployment was due to a stoppage of work because of a strike
    in the establishment, premises, or enterprise at which he was last
    employed, no benefits shall be payable for the first fourteen days
    of unemployment due to such stoppage of work. Benefits shall be
    payable to any qualified employee for each day of sickness after
    the fourth consecutive day of sickness in a period of continuing
    sickness, but excluding four days of sickness in any registration
    period. A period of continuing sickness means (i) a period of
    consecutive days of sickness, whether from one or more causes, or
    (ii) a period of successive days of sickness due to a single cause
    without interruption of more than ninety consecutive days which are
    not days of sickness."
      Subsec. (a)(2). Pub. L. 100-647, Sec. 7201(a)(3)-(6), inserted
    "(2)" before "The daily benefit", substituted "sickness, that for"
    for "sickness and that for", inserted "but before July 1, 1988,"
    after "June 30, 1976," and inserted ", that for registration
    periods beginning after June 30, 1988, but before July 1, 1989,
    such amount shall not exceed $30 per day of unemployment or
    sickness, and that for registration periods beginning after June
    30, 1989, such amount shall not exceed the maximum daily benefit
    rate provided in paragraph (3) of this subsection." after
    "unemployment or sickness".
      Subsec. (a)(3). Pub. L. 100-647, Sec. 7201(a)(7), added par. (3).
      Subsec. (a)(4). Pub. L. 100-647, Sec. 7201(a)(8), inserted "(4)"
    before "In computing benefits".
      Subsec. (c). Pub. L. 100-647, Sec. 7101(c), substituted "shall be
    taken into account that is not in excess of $775 in any month
    before 1989 and, in any month in a base year after 1988, is not in
    excess of an amount that bears the same ratio to $775 as the
    monthly compensation base for that year as computed under section
    351(i) of this title bears to $600" for "not in excess of $775 in
    any month shall be taken into account".
      1983 - Subsec. (a). Pub. L. 98-76 substituted "That in any case
    in which the Board finds that his unemployment was due to a
    stoppage of work because of a strike in the establishment,
    premises, or enterprise at which he was last employed, no benefits
    shall be payable for the first fourteen days of unemployment due to
    such stoppage of work" for "That notwithstanding the provisions of
    section 351(h) of this title, in any case in which the Board finds
    that his unemployment was due to a stoppage of work because of a
    strike in the establishment, premises, or enterprise at which he
    was last employed, other than a strike subject to the
    disqualification in section 354(a-2)(iii) of this title, none of
    the first seven days of unemployment due to such stoppage of work
    shall be included in any registration period; and subject to the
    registration provisions of section 351(h) of this title, so many of
    the ensuing seven consecutive calendar days during which his
    unemployment continues to be caused by such stoppage of work shall
    constitute a registration period, during which benefits shall be
    payable for each day of unemployment".
      1975 - Subsec. (a), first par. Pub. L. 94-92, Sec. 1(c)(1),
    inserted proviso and definition of registration period, provided
    for payment of sickness benefits after four rather than after seven
    days of sickness, and inserted definition of period of continuing
    sickness.
      Subsec. (a), second par. Pub. L. 94-92, Sec. 1(c)(2), substituted
    provisions for a daily rate of unemployment and sickness benefits,
    for registration periods beginning after June 30, 1975, but before
    July 1, 1976, equal to the smaller of $24 or 60 percent of the
    employee's last daily rate of pay in the base period (but not less
    than $12.70), and for registration periods beginning after June 30,
    1976, a daily rate of $25 for prior provision for such benefits set
    out in a table with ten levels of base year compensation and
    corresponding daily benefit rates starting at $8.00, payable to
    those with the minimum qualifying base year compensation, and
    rising to a maximum of $12.70, which is reached by those who
    received base year compensation totalling $4,000 or more and
    prescribing a minimum daily benefit not less than the smaller of
    the table maximum ($12.70) or 60 percent of the employee's last
    daily rate of pay in the base period.
      Subsec. (c). Pub. L. 94-92, Sec. 1(d), inserted exception
    provision in first proviso and proviso respecting an employee with
    less than ten years of service.
      Subsec. (h). Pub. L. 94-92, Sec. 1(e), added subsec. (h).
      1974 - Subsec. (c). Pub. L. 93-445, Sec. 401(a), substituted "ten
    or more years of service as defined in section 231(f) of this
    title" for "ten or more years of service as defined in section
    228a(f) of this title" and struck out "and section 360(h) of this
    title" after "For purposes of this subsection".
      Subsec. (g). Pub. L. 93-445, Sec. 401(b), substituted "section
    231e(a)(1) of this title" for "section 228c(f)(1) of this title" in
    two places.
      1968 - Subsec. (a). Pub. L. 90-257, Sec. 202(a), struck out all
    references to the payment of maternity benefits, amended table of
    benefit rates by striking out the line for persons in the
    compensation range of $750 to $999.99 and by increasing the rates
    of benefits for the remaining categories from $5.50 to $8.00, $6.00
    to $8.50, $6.50 to $9.00, $7.00 to $9.50, $7.50 to $10.00, $8.00 to
    $10.50, $8.50 to $11.00, $9.00 to $11.50, $9.50 to $12.00, and
    $10.20 to $12.70 respectively, and raised from $10.20 to $12.70 the
    maximum rate applicable if the formula of 60 per centum of the
    daily rate of compensation for the employee's last employment in
    which he engaged for an employer in the base year is used.
      Subsec. (c). Pub. L. 90-257, Sec. 202(b), removed all references
    to payment of maternity benefits, made provision for extended
    sickness benefits similar to extended unemployment benefits, added
    to existing provisions for the early beginning of a general benefit
    year (or accelerated benefit year) in certain cases involving days
    of unemployment similar provisions for a similar early beginning of
    a general benefit year in certain cases involving days of sickness,
    and inserted provisions dealing with the effect of the attainment
    of age 65 on an employee's receipt of extended sickness benefits
    and on his receipt of sickness benefits in an accelerated benefit
    year and relating to the evidence of age on which the Board may
    rely for purposes of determining the attainment of age 65.
      1966 - Subsec. (a). Pub. L. 89-700, Sec. 202(a), struck out daily
    benefit rate of $4.50 for the compensation range of $500 to $699.99
    from the table, and substituted "750" for "700" in Column I.
      Subsec. (g). Pub. L. 89-700, Sec. 202(b), amended subsec. (g)
    generally, and among other changes, provided that if there is no
    individual to whom accrued benefits can be paid, such benefits or
    parts thereof shall escheat to the credit of the account.
      1959 - Subsec. (a). Pub. L. 86-28, Sec. 302, substituted "for
    each day of unemployment in excess of four during any registration
    period, and" for "for each day of unemployment in excess of seven
    during the first registration period, within a benefit year, in
    which he will have had seven or more days of unemployment, and for
    each day of unemployment in excess of four during any subsequent
    registration period in the same benefit year, and", "60 per centum"
    for "50 per centum", and "not to exceed $10.20" for "not to exceed
    $8.50", and increased the daily benefit rates.
      Subsec. (c). Pub. L. 86-28, Sec. 303(a), provided for an extended
    benefit period with respect to employees who have ten or more years
    of service, who did not voluntarily leave work without good cause
    or voluntarily retire, and who have exhausted their rights to
    normal benefits for days of unemployment in a benefit year.
      1955 - Subsec. (e). Act Aug. 12, 1955, specified that exemption
    applies to the laws of the several States, the District of
    Columbia, and the Territories.
      1954 - Subsec. (a). Act Aug. 31, 1954, Sec. 304(a), changed the
    table of daily benefit rates and qualifying amounts of earnings in
    the base year so that such rates and amounts will begin with $3.50
    and $4.00, respectively, to a maximum of $8.50 for $4,000 and over,
    and inserted proviso immediately after the table.
      Subsec. (c). Act Aug. 31, 1954, Sec. 304(b), inserted proviso at
    end.
      1952 - Subsec. (a). Act May 15, 1952, substituted a new table of
    daily benefit rates.
      1946 - Subsec. (a). Act July 31, 1946, Sec. 305, changed first
    and second pars. to include benefits for days of sickness, changed
    reference to total amount of compensation payable to him in second
    par. to total compensation, added new benefit rates to table for
    compensation of $2,000 to $2,499.99 and $2,500 and over, and added
    last two pars. relating to maternity benefits and to computation of
    benefits.
      Subsec. (c). Act July 31, 1946, Sec. 306, increased maximum days
    of unemployment to 130 and established same maximum for days of
    sickness.
      Subsec. (f). Act July 31, 1946, Sec. 307, inserted references to
    sickness.
      1940 - Subsec. (a). Act Oct. 10, 1940, Sec. 9, designated
    existing provisions as cl. (i), substituted registration period for
    half-month as determining factor, added cl. (ii), and increased
    total compensation amounts set out in Column I and daily benefit
    amounts set out in Column II.
      Subsec. (c). Act Oct. 10, 1940, Sec. 10, substituted provisions
    relating to maximum number of days of unemployment within a benefit
    year, for provisions relating to maximum benefits payable to an
    employee within his benefit year.
      Subsec. (d). Act Oct. 10, 1940, Sec. 11, substituted provisions
    relating to adjustments for erroneous payments and procedure for
    recovery of such payments, for provisions making applicable section
    228i of this title for adjustments and recovery of erroneous
    payments.
      Subsec. (f). Act Oct. 10, 1940, Sec. 12, in cl. (i) substituted
    provisions relating to registration periods for provisions relating
    to benefits paid with respect to any period, and in text following
    cl. (ii) inserted condition relating to benefits which were paid
    upon the basis of days determined to be days of unemployment and
    included in the period for which remuneration is payable.
      1939 - Subsec. (a). Act June 20, 1939, Sec. 7, struck out
    exception relating to part-time workers.
      Subsec. (d). Act June 20, 1939, Secs. 8, 9, redesignated subsec.
    (e) as (d). Former subsec. (d), which authorized Board to prescribe
    regulations for determining amount of daily benefits and maximum
    benefits during any benefit year, was struck out.
      Subsec. (e). Act June 20, 1939, Sec. 9, redesignated subsec. (f)
    as (e). Former subsec. (e) redesignated (d).
      Subsecs. (f), (g). Act June 20, 1939, Sec. 9, redesignated subsec
    (g) as (f) and struck out reference to subsec. (a). Former subsec.
    (f) redesignated (e).

                     EFFECTIVE DATE OF 1996 AMENDMENT                 
      Section 6 of Pub. L. 104-251 provided that: "The amendments made
    by this Act [amending this section and repealing section 368 of
    this title] shall take effect on the date of the enactment of this
    Act [Oct. 9, 1996]."

                     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 1988 AMENDMENT                 
      Section 7201(b) of Pub. L. 100-647 provided that:
      "(1) Except as provided in paragraph (2), the amendments made by
    subsection (a) [amending this section] shall take effect on the
    date of the enactment of this Act [Nov. 10, 1988].
      "(2) The amendments made by paragraph (2) of subsection (a) shall
    apply with respect to registration periods beginning after June 30,
    1988."

                     EFFECTIVE DATE OF 1983 AMENDMENT                 
      Section 412(b) of Pub. L. 98-76 provided that: "The amendment
    made by this section [amending this section] shall apply with
    respect to days of unemployment in registration periods beginning
    after December 31, 1983."

    EFFECTIVE DATE OF 1975 AMENDMENT; REDUCTION OF BENEFITS IN VIEW OF
    COVERAGE UNDER NONGOVERNMENTAL PLAN; FILING CLAIMS FOR PAYMENTS TO
                          INSURERS AND EMPLOYERS
      Amendment by section 1(c), (d)(1) of Pub. L. 94-92 effective with
    respect to days of unemployment and days of sickness in
    registration periods beginning after June 30, 1975, reduction of
    benefits in view of coverage under nongovernmental plan, and filing
    of claims for payments to insurers and employers; and amendment by
    section 1(d)(2), (e) of Pub. L. 94-92 effective with respect to
    days of unemployment in registration periods beginning after June
    30, 1975, see section 2 of Pub. L. 94-92, set out as an Effective
    Date of 1975 Amendment note under section 351 of this title.

                     EFFECTIVE DATE OF 1974 AMENDMENT                 
      Amendment by Pub. L. 93-445 effective Jan. 1, 1975, see section
    603 of Pub. L. 93-445, set out as a note under section 402 of Title
    42, The Public Health and Welfare.

                     EFFECTIVE DATE OF 1968 AMENDMENT                 
      Section 208 of Pub. L. 90-257 provided that: "The amendments made
    by sections 201(a)(1), 201(b), 202(a)(1), 202(a)(2), 202(b)(1), 206
    and 207 [amending this section and sections 351, 362, and 363 of
    this title] shall be effective as of July 1, 1968. The amendments
    made by sections 201(a)(2) and 203 [amending sections 351 and 353
    of this title] shall be effective with respect to base years
    beginning in calendar years after December 31, 1966, except that
    with respect to the base year in calendar year 1967 the amendments
    made by section 203 [amending section 353 of this title] shall not
    be applicable to an employee whose compensation with respect to
    that base year was not less than $750 but less than $1,000;
    further, as to such an employee, the amendments made by section
    202(a)(3) [amending this section] shall not be applicable with
    respect to days of unemployment and days of sickness in
    registration periods in the benefit year beginning July 1, 1968.
    The amendments made by section 202(a)(3) [amending this section]
    shall otherwise be effective with respect to days of unemployment
    and days of sickness in registration periods beginning on or after
    July 1, 1968. The amendments made by sections 202(b)(2)(i) through
    (vi) [amending this section] shall be effective to provide the
    beginning of extended benefit periods on or after July 1, 1968. The
    amendments made by section 202(b)(2)(vii) through (ix) [amending
    this section] shall be effective to provide for the early beginning
    of a benefit year on or after July 1, 1967. The amendment made by
    section 204(a) [amending section 354 of this title] shall be
    effective with respect to calendar days in benefit years beginning
    after June 30, 1968, and the amendment made by section 204(b)
    [amending section 354 of this title] shall be effective with
    respect to voluntary leaving of work (within the meaning of section
    4(a-2)(i) of the Railroad Unemployment Insurance Act [section 354(a-
    2)(i) of this title]) after the enactment date of this Act [Feb.
    15, 1968]."

                     EFFECTIVE DATE OF 1959 AMENDMENT                 
      Amendment by Pub. L. 86-28 effective with respect to benefits
    accruing in general benefit years which begin after the benefit
    year ending June 30, 1958, and in extended benefit periods which
    begin after Dec. 31, 1957, see section 309 of Pub. L. 86-28, set
    out as a note under section 351 of this title.

                     EFFECTIVE DATE OF 1955 AMENDMENT                 
      Section 4 of act Aug. 12, 1955, provided that the amendment made
    by that section is effective as of the date of its "original
    enactment" [June 25, 1938].

                     EFFECTIVE DATE OF 1954 AMENDMENT                 
      Amendment by act Aug. 31, 1954, effective July 1, 1954, see
    section 401 of act Aug. 31, 1954, set out as a note under section
    351 of this title.

                     EFFECTIVE DATE OF 1952 AMENDMENT                 
      Section 3 of act May 15, 1952, provided that: "The amendments
    made by this Act [amending this section and section 353 of this
    title] shall be effective with respect to benefit years beginning
    on and after July 1, 1952."

                     EFFECTIVE DATE OF 1946 AMENDMENT                 
      Amendment by section 306 of act July 31, 1946, effective July 1,
    1946, see section 402 of that Act.
      Section 403 of act July 31, 1946, provided that: "Sections 301,
    302, 303, 304, 305 (except for the revision of the table which
    shall become effective on the date of enactment of this Act [July
    31, 1946]), 307, 308, 309, and 310 [amending sections 351 to 354 of
    this title] shall become effective on July 1, 1947."

                     EFFECTIVE DATE OF 1940 AMENDMENT                 
      For effective date of amendment by act Oct. 10, 1940, see section
    1 of act Oct. 10, 1940, set out as a note under section 351 of this
    title.

    EXTENDED RAILROAD UNEMPLOYMENT INSURANCE BENEFITS DURING PERIODS OF
                        HIGH NATIONAL UNEMPLOYMENT
      Pub. L. 102-164, title V, Sec. 501, Nov. 15, 1991, 105 Stat.
    1064, as amended by Pub. L. 102-182, Sec. 3(a)(6), (7), Dec. 4,
    1991, 105 Stat. 1234; Pub. L. 102-244, Sec. 5, Feb. 7, 1992, 106
    Stat. 5; Pub. L. 102-318, title I, Sec. 105, July 3, 1992, 106
    Stat. 293; Pub. L. 103-6, Sec. 3(a), (b), Mar. 4, 1993, 107 Stat.
    33; Pub. L. 103-152, Secs. 8, 9(b), Nov. 24, 1993, 107 Stat. 1519,
    provided that:
      "(a) In General. - For purposes of section 2(h) of the Railroad
    Unemployment Insurance Act (45 U.S.C. 352(h)(2)), a 'period of high
    unemployment' includes any month during the period November 1991
    through February 1994.
      "(b) Effective Dates. - 
        "(1) In general. - Except as provided in paragraphs (2) and
      (3), no employee shall have an extended benefit period under the
      second proviso of section 2(c) of the Railroad Unemployment
      Insurance Act beginning before November 17, 1991, or after
      February 5, 1994.
        "(2) Transition. - If an employee has established an extended
      benefit period under the second proviso of section 2(c) of the
      Railroad Unemployment Insurance Act and the last day of such
      extended benefit period, as established, is after February 5,
      1994, such employee shall continue to be entitled to extended
      unemployment benefits for days of unemployment in registration
      periods included in such extended benefit period, provided that
      such employee meets the eligibility requirements of this section
      and the Railroad Unemployment Insurance Act [45 U.S.C. 351 et
      seq.].
        "(3) Reachback Provisions. - If an employee has exhausted that
      employee's rights to normal unemployment benefits under section
      2(c) of the Railroad Unemployment Insurance Act [45 U.S.C.
      352(c)] after February 28, 1991, but before November 17, 1991,
      such employee shall, for the purposes of the application of this
      section, be deemed to have exhausted such rights after November
      17, 1991.
      "(c) Limitation on Payment. - Extended benefits under this
    section shall be payable for a maximum of 65 days of unemployment,
    including any extended benefits payable by reason of the
    application of the reachback provisions.
      "(d) Enlargement of Benefits. - 
        "(1) Generally. - During the period that begins on the date of
      the enactment of this subsection [Feb. 7, 1992] - 
          "(A) subsection (c) of this section shall be applied by
        substituting '130' for '65';
          "(B) section 2(c) of the Railroad Unemployment Insurance Act
        [45 U.S.C. 352(c)] shall be applied - 
            "(i) by substituting '13 (but not more than 130 days)' for
          '7 (but not more than 65 days)' in the table; and
            "(ii) by substituting 'but not by more than 130 days' for
          'but not by more than sixty-five days' in the second proviso;
          and
          "(C) section 2(h)(1) of the Railroad Unemployment Insurance
        Act [45 U.S.C. 352(h)(1)] shall be applied by substituting '13'
        for 'seven'.
        "(2) Phase-out. - 
          "(A) Benefits on or after june 14, 1992. - Effective on and
        after June 14, 1992, paragraph (1) of this section shall be
        applied by substituting '100' for '130' each place it appears,
        and by substituting '10' for '13' each place it appears.
          "(B) Reductions under emergency compensation extension
        provisions. - 
            "(i) Effective on and after the date on which a reduction
          in benefits is imposed under section 102(b)(2)(A)(iii)
          [section 102(b)(2)(A)(iii) of Pub. L. 102-164, 26 U.S.C. 3304
          note], subparagraph (A) of this paragraph and subparagraphs
          (B) and (C) of paragraph (1) shall not apply and subparagraph
          (A) of paragraph (1) shall be applied by substituting '50'
          for '130'.
            "(ii) Effective after October 2, 1993, subparagraph (A) of
          this paragraph and subparagraphs (B) and (C) of paragraph (1)
          shall not apply and subparagraph (A) of paragraph (1) shall
          be applied by substituting '35' for '130'.
          "(C) Limitations on reductions. - Notwithstanding
        subparagraphs (A) and (B), in the case of an individual who is
        receiving extended benefits under section 2(c) of the Railroad
        Unemployment Insurance Act [45 U.S.C. 352(c)] for persons with
        10 or more but less than 15 years of service, or extended
        benefits by reason of this section, for any day during a week
        which precedes a period for which a reduction under this
        paragraph takes effect, such reduction shall not apply for
        purposes of determining the amount of benefits payable to such
        individual for any day thereafter for which the individual
        meets the eligibility requirements of this section and the
        Railroad Unemployment Insurance Act [45 U.S.C. 351 et seq.].
      "(e) Termination of Benefits. - In the case of an individual who
    is receiving extended benefits by reason of this section on
    February 5, 1994, such benefits shall not continue to be payable to
    such individual after April 30, 1994."
      [Section 3(c) of Pub. L. 103-6 provided that: "The amendments
    made by this section [amending section 501 of Pub. L. 102-164, set
    out above] shall apply to weeks beginning after March 6, 1993."]
      [Amendments made by Pub. L. 102-182 to section 501 of Pub. L. 102-
    164, set out above, applicable as if included in the provisions of
    and the amendments made by Pub. L. 102-164, see section 3(b) of
    Pub. L. 102-182, set out as a note under section 3304 of Title 26,
    Internal Revenue Code.]

                   GAO STUDY OF FRAUD AND PAYMENT ERRORS               
      Section 7107 of Pub. L. 100-647 provided that: "The Comptroller
    General shall study the frequency of fraud and payment errors in
    the railroad unemployment compensation program. Not later than 1
    year after the date of the enactment of this Act [Nov. 10, 1988],
    the Comptroller General shall report to Congress the results of
    such study. Such report shall include - 
        "(1) estimates of rates and amounts of annual losses due to
      fraud and overpayment;
        "(2) comparisons of such rates with the rates of losses in
      other Federal programs which experience such losses;
        "(3) recommendations for legislative measures that could be
      taken to reduce the losses in the railroad unemployment
      compensation program arising from fraud and payment errors; and
        "(4) such other matters relating to such fraud and payment
      errors as the Comptroller General determines are appropriate."

      BENEFITS FOR CERTAIN EMPLOYEES WHO EXHAUSTED RIGHTS TO BENEFITS
                           BEFORE APRIL 1, 1959
      Section 303(b) of Pub. L. 86-28 provided that: "An employee who
    has less than ten years of service as defined in section 1(f) of
    the Railroad Retirement Act of 1937 [section 228a(f) of this
    title], and who has after June 30, 1957, and before April 1, 1959,
    exhausted (within the meaning prescribed by the Railroad Retirement
    Board by regulation) his rights to unemployment benefits, shall be
    paid unemployment benefits for days of unemployment, not exceeding
    sixty-five, which occur in registration periods beginning on or
    after June 19, 1958, and before July 1, 1959, and which would not
    be days with respect to which he would be held entitled otherwise
    to receive unemployment benefits under the Railroad Unemployment
    Insurance Act [this chapter], except that an employee who has
    filed, and established, a first claim for benefits under the
    Temporary Unemployment Compensation Act of 1958 [42 U.S.C. 1400 et
    seq.] may not thereafter establish a claim under this subsection,
    and an employee who has registered for, and established a claim for
    benefits under this subsection may not thereafter establish a claim
    under the Temporary Unemployment Compensation Act of 1958. Except
    to the extent inconsistent with this subsection, the provisions of
    the Railroad Unemployment Insurance Act [this chapter] shall be
    applicable in the administration of this subsection."

    INTERCHANGE OF INFORMATION BETWEEN SECRETARY OF LABOR AND RAILROAD
                             RETIREMENT BOARD
      Section 303(c) of Pub. L. 86-28 provided that: "The Secretary of
    Labor, upon request shall furnish the Board information deemed
    necessary by the Board for the administration of the provisions of
    subsection (b) hereof [set out above], and the Board, upon request,
    shall furnish the Secretary of Labor information deemed necessary
    by the Secretary for the administration of the Temporary
    Unemployment Compensation Act of 1958 [section 1400 et seq. of
    Title 42, The Public Health and Welfare]."

-End-



-CITE-
    45 USC Sec. 353                                             01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 11 - RAILROAD UNEMPLOYMENT INSURANCE

-HEAD-
    Sec. 353. Qualifying condition

-STATUTE-
      An employee shall be a "qualified employee" if the Board finds
    that his compensation with respect to the base year will have been
    not less than 2.5 times the monthly compensation base for months in
    such base year as computed under section 351(i) of this title, and,
    if such employee has had no compensation prior to such year, that
    he will have had compensation with respect to each of not less than
    five months in such year.

-SOURCE-
    (June 25, 1938, ch. 680, Sec. 3, 52 Stat. 1097; June 20, 1939, ch.
    227, Sec. 10, 53 Stat. 845; Oct. 10, 1940, ch. 842, Sec. 13, 54
    Stat. 1097; July 31, 1946, ch. 709, Sec. 308, 60 Stat. 737; May 15,
    1952, ch. 290, Sec. 2, 66 Stat. 73; Aug. 31, 1954, ch. 1164, pt.
    III, Sec. 303, 68 Stat. 1041; Pub. L. 86-28, pt. III, Sec. 304, May
    19, 1959, 73 Stat. 31; Pub. L. 88-133, title III, Sec. 301(a), Oct.
    5, 1963, 77 Stat. 222; Pub. L. 90-257, title II, Sec. 203, Feb. 15,
    1968, 82 Stat. 24; Pub. L. 94-92, title I, Sec. 1(f), Aug. 9, 1975,
    89 Stat. 463; Pub. L. 98-76, title IV, Sec. 411(a)(2), Aug. 12,
    1983, 97 Stat. 436; Pub. L. 100-647, title VII, Sec. 7202(a), Nov.
    10, 1988, 102 Stat. 3776.)


-MISC1-
                                AMENDMENTS                            
      1988 - Pub. L. 100-647 inserted "with respect to the base year"
    after "his compensation" and substituted "2.5 times the monthly
    compensation base for months in such base year as computed under
    section 351(i) of this title" for "$1,500 with respect to the base
    year".
      1983 - Pub. L. 98-76 substituted "$1,500" for "$1,000".
      1975 - Pub. L. 94-92 substituted "five" for "seven" months.
      1968 - Pub. L. 90-257 substituted "$1,000" for "$750".
      1963 - Pub. L. 88-133 increased from $500 to $750 the amount of
    compensation in a base year required to qualify for benefits and
    provided that if employee has had no compensation prior to such
    year he will have had compensation with respect to each of not less
    than 7 months in such year.
      1959 - Pub. L. 86-28 substituted "$500" for "$400".
      1954 - Act Aug. 31, 1954, substituted "$400" for "$300".
      1952 - Act May 15, 1952, substituted "$300" for "$150" to conform
    to the new table of daily benefit rates as set out in section 352
    of this title.
      1946 - Act July 31, 1946, changed section to relate to
    compensation paid instead of compensation earned during a year.
      1940 - Act Oct. 10, 1940, reorganized structure by striking out
    designations for subsecs. "(a)" and "(b)" and, as so restructured,
    provisions of former subsec. (a) became entire section and defined
    "qualified employee" and provisions of former subsec. (b), which
    related to the employee's waiting period, were omitted.
      1939 - Subsec. (b). Act June 20, 1939, substituted provisions
    relating to half-months as the waiting period, for provisions
    relating to fifteen consecutive days of unemployment or two half
    months.

                     EFFECTIVE DATE OF 1988 AMENDMENT                 
      Section 7202(b) of Pub. L. 100-647 provided that: "The amendments
    made by this section [amending this section] shall take effect on
    the date of the enactment of this Act [Nov. 10, 1988]."

                     EFFECTIVE DATE OF 1983 AMENDMENT                 
      Amendment by Pub. L. 98-76 applicable to compensation paid for
    services rendered after Dec. 31, 1983, see section 411(b) of Pub.
    L. 98-76, set out as a note under section 351 of this title.

                     EFFECTIVE DATE OF 1975 AMENDMENT                 
      Amendment by Pub. L. 94-92 effective for services rendered after
    Dec. 31, 1973, see section 2 of Pub. L. 94-92, set out as a note
    under section 351 of this title.

                     EFFECTIVE DATE OF 1968 AMENDMENT                 
      Amendment by Pub. L. 90-257 effective with respect to base years
    beginning in calendar years after December 31, 1966, except that
    with respect to the base year in calendar year 1967 such amendments
    not to be applicable to an employee whose compensation with respect
    to that base year was not less than $750 but was less than $1,000,
    see section 208 of Pub. L. 90-257, set out as a note under section
    352 of this title.

                     EFFECTIVE DATE OF 1963 AMENDMENT                 
      Section 301(b) of Pub. L. 88-133 provided that: "The amendment
    made by subsection (a) [amending this section] shall be fully
    effective with respect to base years after 1963. With respect to
    the base year 1963, they shall be applicable only to an employee
    concerning whom the Railroad Retirement Board finds that his
    compensation in that portion of the calendar year 1963 preceding
    the first day of the calendar month next following the month of
    enactment of this Act [October 1963] will have been less than
    $500."

                     EFFECTIVE DATE OF 1959 AMENDMENT                 
      Amendment by Pub. L. 86-28 effective with respect to base years
    after the base year ending Dec. 31, 1957, see section 309 of Pub.
    L. 86-28, set out as a note under section 351 of this title.

                     EFFECTIVE DATE OF 1954 AMENDMENT                 
      Amendment by act Aug. 31, 1954, effective July 1, 1954, see
    section 401 of act Aug. 31, 1954, set out as a note under section
    351 of this title.

                     EFFECTIVE DATE OF 1952 AMENDMENT                 
      Amendment by act May 15, 1952, effective with respect to benefit
    years beginning on and after July 1, 1952, see section 3 of act May
    15, 1952, set out as a note under section 352 of this title.

                     EFFECTIVE DATE OF 1946 AMENDMENT                 
      Amendment by act July 31, 1946, effective July 1, 1947, see
    section 403 of act July 31, 1946, set out as a note under section
    352 of this title.

                     EFFECTIVE DATE OF 1940 AMENDMENT                 
      For effective date of amendment by act Oct. 10, 1940, see section
    1 of act Oct. 10, 1940, set out as a note under section 351 of this
    title.

-End-



-CITE-
    45 USC Sec. 354                                             01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 11 - RAILROAD UNEMPLOYMENT INSURANCE

-HEAD-
    Sec. 354. Disqualifying conditions

-STATUTE-
    (a-1) Day of unemployment or day of sickness
      There shall not be considered as a day of unemployment, or as a
    day of sickness, with respect to any employee - 
        (i) any of the seventy-five days beginning with the first day
      of any registration period with respect to which the Board finds
      that he knowingly made or aided in making or caused to be made
      any false or fraudulent statement or claim for the purpose of
      causing benefits to be paid;
        (ii) any day in any period with respect to which the Board
      finds that he is receiving or will have received annuity payments
      under the Railroad Retirement Act of 1974 [45 U.S.C. 231 et
      seq.], or insurance benefits under title II of the Social
      Security Act [42 U.S.C. 401 et seq.], or unemployment, maternity,
      or sickness benefits under an unemployment, maternity, or
      sickness compensation law other than this chapter, or any other
      social-insurance payments under any law: Provided, That if an
      employee receives or is held entitled to receive any such
      payments, other than unemployment, maternity, or sickness
      payments, with respect to any period which include days of
      unemployment or sickness in a registration period, after benefits
      under this chapter for such registration period will have been
      paid, the amount by which such benefits under this chapter will
      have been increased by including such days as days of
      unemployment or as days of sickness shall be recoverable by the
      Board: Provided further, That, if that part of any such payment
      or payments, other than unemployment, maternity, or sickness
      payments, which is apportionable to such days of unemployment or
      days of sickness is less in amount than the benefits under this
      chapter which, but for this paragraph, would be payable and not
      recoverable with respect to such days of unemployment or days of
      sickness, the preceding provisions of this paragraph shall not
      apply but such benefits under this chapter for such days of
      unemployment or days of sickness shall be diminished or
      recoverable in the amount of such part of such other payment or
      payments;
        (iii) if he is paid a separation allowance, any of the days in
      the period beginning with the day following his separation from
      service and continuing for that number of consecutive fourteen-
      day periods which is equal, or most nearly equal, to the amount
      of the separation allowance divided (i) by ten times his last
      daily rate of compensation prior to his separation if he normally
      works five days a week, (ii) by twelve times such rate if he
      normally works six days a week, and (iii) by fourteen times such
      rate if he normally works seven days a week; (!1)

    (a-2) Day of unemployment
      (i)(A) subject to the provisions of subdivision (B) hereof, any
    of the days in the period beginning with the day with respect to
    which the Board finds that he left work voluntarily, and continuing
    until he has been paid compensation of not less than $1,500 with
    respect to time after the beginning of such period and before 1989
    or, if any part of such compensation is paid in a calendar year
    after 1988, not less than an amount that is equal to 2.5 times the
    monthly compensation base for months in such calendar year, as
    computed under section 351(i) of this title;
      (B) if the Board finds that he left work voluntarily with good
    cause, the provisions of subdivision (A) shall not apply, with
    respect to him, to any day in a registration period if such period
    does not include any day which is in a period for which he could
    receive benefits under an unemployment compensation law other than
    this chapter, and he so certifies. Such certification shall, in the
    absence of evidence to the contrary, be accepted subject to the
    penalty provisions of section 359(a) of this title;
      (ii) any of the thirty days beginning with the day with respect
    to which the Board finds that he failed, without good cause, to
    accept suitable work available on such day and offered to him, or
    to comply with instructions from the Board requiring him to apply
    for suitable work or to report, in person or by mail as the Board
    may require, to an employment office;
      (iii) subject to the provisions of subsection (b) of this
    section, any day with respect to which the Board finds that his
    unemployment was due to a stoppage of work because of a strike in
    the establishment, premises, or enterprise at which he was last
    employed, and the Board finds that such strike was commenced in
    violation of the provisions of the Railway Labor Act [45 U.S.C. 151
    et seq.] or in violation of the established rules and practices of
    a bona fide labor organization of which he was a member.
    (b) Participation, interest, or financial assistance in labor
      dispute
      The disqualification provided in subsection (a-2)(iii) of this
    section shall not apply if the Board finds that - 
        (i) the employee is not participating in or financing or
      directly interested in the strike which causes the stoppage of
      work: Provided, That payment of regular union dues shall not be
      construed to constitute financing a strike or direct interest in
      a strike within the meaning of this and the following paragraphs;
      and
        (ii) he does not belong to a grade or class of workers of
      which, immediately before the commencement of the stoppage, there
      were members employed in the establishment, premises, or
      enterprise at which the stoppage occurs, any of whom are
      participating in or financing or directly interested in the
      dispute: Provided, That if separate types of work are commonly
      conducted in separate departments of a single enterprise, each
      such department shall, for the purposes of this subsection, be
      deemed to be a separate establishment, enterprise, or other
      premises.
    (c) Unsuitable work
      No work shall be deemed suitable for the purposes of subsection
    (a-2)(ii) of this section, and benefits shall not be denied under
    this chapter to any otherwise qualified employee for refusing to
    accept work if - 
        (i) the position offered is vacant due directly to a strike,
      lockout, or other labor dispute;
        (ii) the remuneration, hours, or other conditions of work
      offered are substantially less favorable to the employee than
      those prevailing for similar work in the locality, or the rate of
      remuneration is less than the union wage rate, if any, for
      similar work in the locality;
        (iii) as a condition of being employed he would be required to
      join a company union or to resign from or refrain from joining
      any bona fide labor organization;
        (iv) acceptance of the work would require him to engage in
      activities in violation of law or which, by reason of their being
      in violation of reasonable requirements of the constitution,
      bylaws, or similar regulations of a bona fide labor organization
      of which he is a member, would subject him to expulsion from such
      labor organization; or
        (v) acceptance of the work would subject him to loss of
      substantial seniority rights under any collective bargaining
      agreement between a railway labor organization, organized in
      accordance with the provisions of the Railway Labor Act [45
      U.S.C. 151 et seq.], and any other employer.
    (d) Factors in determination of suitable work
      In determining, within the limitations of subsection (c) of this
    section, whether or not any work is suitable for an employee for
    the purposes of subsection (a-2)(ii) of this section, the Board
    shall consider, in addition to such other factors as it deems
    relevant, (i) the current practices recognized by management and
    labor with respect to such work; (ii) the degree of risk involved
    to such employee's health, safety, and morals; (iii) his physical
    fitness and prior training; (iv) his experience and prior earnings;
    (v) his length of unemployment and prospects for securing work in
    his customary occupation; and (vi) the distance of the available
    work from his residence and from his most recent work.
    (e) Voluntarily leaving unsuitable work
      For the purposes of subsection (a-2)(i) of this section, no
    voluntary leaving of work shall be deemed to have been without good
    cause if the Board finds that such work would not have been
    suitable for the purposes of subsection (a-2)(ii) of this section.

-SOURCE-
    (June 25, 1938, ch. 680, Sec. 4, 52 Stat. 1098; June 20, 1939, ch.
    227, Sec. 11, 53 Stat. 846; Oct. 10, 1940, ch. 842, Secs. 14-18, 54
    Stat. 1097, 1098; July 31, 1946, ch. 709, Secs. 309, 310, 60 Stat.
    737, 738; Oct. 30, 1951, ch. 632, Sec. 27, 65 Stat. 691; Pub. L. 85-
    927, pt. II, Sec. 202, Sept. 6, 1958, 72 Stat. 1782; Pub. L. 86-
    28, pt. III, Sec. 305, May 19, 1959, 73 Stat. 31; Pub. L. 88-133,
    title III, Sec. 302(a), Oct. 5, 1963, 77 Stat. 222; Pub. L. 90-257,
    title II, Sec. 204, Feb. 15, 1968, 82 Stat. 24; Pub. L. 93-445,
    title IV, Sec. 402, Oct. 16, 1974, 88 Stat. 1359; Pub. L. 98-76,
    title IV, Sec. 411(a)(3), Aug. 12, 1983, 97 Stat. 436; Pub. L. 100-
    647, title VII, Sec. 7101(d), Nov. 10, 1988, 102 Stat. 3758.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Railroad Retirement Act of 1974, referred to in subsec. (a-
    1)(ii), is act Aug. 29, 1935, ch. 812, as amended generally by
    Pub. L. 93-445, title I, Sec. 101, Oct. 16, 1974, 88 Stat. 1305,
    which is classified generally to subchapter IV (Sec. 231 et seq.)
    of chapter 9 of this title. For further details and complete
    classification of this Act to the Code, see Codification note set
    out preceding section 231 of this title, section 231t of this
    title, and Tables.
      The Social Security Act, referred to in subsec. (a-1)(ii), is act
    Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Title II of the
    Social Security Act is classified generally to subchapter II (Sec.
    401 et seq.) of chapter 7 of Title 42, The Public Health and
    Welfare. For complete classification of this Act to the Code, see
    section 1305 of Title 42 and Tables.
      The Railway Labor Act, referred to in subsecs. (a-2)(iii) and
    (c)(v), is act May 20, 1926, ch. 347, 44 Stat. 577, as amended,
    which is classified principally to chapter 8 (Sec. 151 et seq.) of
    this title. For complete classification of this Act to the Code,
    see section 151 of this title and Tables.


-MISC1-
                                AMENDMENTS                            
      1988 - Subsec. (a-2)(i)(A). Pub. L. 100-647 inserted "and before
    1989 or, if any part of such compensation is paid in a calendar
    year after 1988, not less than an amount that is equal to 2.5 times
    the monthly compensation base for months in such calendar year, as
    computed under section 351(i) of this title" after "such period".
      1983 - Subsec. (a-2)(i)(A). Pub. L. 98-76 substituted "$1,500"
    for "$1,000".
      1974 - Subsec. (a-1)(ii). Pub. L. 93-445 substituted "annuity
    payments under the Railroad Retirement Act of 1974" for "annuity
    payments or pensions under the Railroad Retirement Act of 1935 or
    the Railroad Retirement Act of 1937".
      1968 - Subsec. (a-1)(iii). Pub. L. 90-257, Sec. 204(a), added cl.
    (iii).
      Subsec. (a-2)(i)(A). Pub. L. 90-257, Sec. 204(b), substituted
    "$1,000" for "$750".
      1963 - Subsec. (a-2)(i). Pub. L. 88-133 substituted cl. (i)
    providing in subd. (A) that an employee who voluntarily leaves his
    work shall not be considered as having days of unemployment for a
    period beginning with the day he so leaves and continuing until he
    has been paid compensation of not less than $750 with respect to
    time after the beginning of such period and subd. (B) that if the
    Board finds that the employee left work voluntarily with good
    cause, such disqualification shall not apply, except that in such
    case the employee would not be considered as having days of
    unemployment with respect to any day in a registration period if
    such period includes a day which is in a period for which he could
    receive benefits under an unemployment law other than this chapter
    and he so certifies, for former cl. (i) providing that an employee
    who leaves work voluntarily is not considered as having days of
    unemployment with respect to any of the first 30 days after he so
    leaves if the Board finds that he left work voluntarily without
    good cause.
      1959 - Subsec. (a-2)(iv). Pub. L. 86-28 struck out cl. (iv) which
    prevented Sundays and holidays from being considered as days of
    unemployment unless they were preceded and succeeded by a day of
    unemployment.
      1958 - Subsec. (a-1)(ii). Pub. L. 85-927 substituted "other than
    this chapter or any other social-insurance payments under any law"
    for "of any State of the United States other than this chapter, or
    any other social-insurance payments under a law of any State or of
    the United States".
      1951 - Subsec. (a-1). Act Oct. 30, 1951, struck out cls. (iii)
    and (iv) which excepted from consideration as a day of unemployment
    or as a day of sickness, any days in any registration period in
    which the employee had certain specified earnings.
      1946 - Subsec. (a-1). Act July 31, 1946, Sec. 309(a), (b),
    designated provisions of former subsec. (a) which apply both to
    days of unemployment and to days of sickness as subsec. (a-1) and
    changed cl. (ii) to include sickness and maternity benefits.
      Subsec. (a-2). Act July 31, 1946, Sec. 309(c), designated
    provisions of former subsec. (a) which apply only to days of
    unemployment as subsec. (a-2).
      Subsecs. (b) to (e). Act July 31, 1946, Sec. 310, changed
    references to subsec. (a) of this section to refer to subsec. (a-
    2).
      1940 - Subsec. (a)(ii). Act Oct. 10, 1940, Sec. 14, inserted
    provisions relating to employee's failure to comply with
    instructions of the Board.
      Subsec. (a)(iv). Act Oct. 10, 1940, Sec. 15, substituted
    "registration period" for "half-month".
      Subsec. (a)(v). Act Oct. 10, 1940, Sec. 16, struck out
    applicability to employee having a right to receive compensation or
    other wages in lieu of notice, and inserted provisions relating to
    recovery of certain other payments and inapplicability of paragraph
    under specified conditions.
      Subsec. (a)(vi). Act Oct. 10, 1940, Sec. 17, substituted
    provisions relating to earnings of employees during any day in any
    registration period, for provisions relating to earnings of
    employees during any day in any half-month.
      Subsec. (a)(vii), (viii). Act Oct. 10, 1940, Sec. 18, added cls.
    (vii) and (viii).
      1939 - Subsec. (a). Act June 20, 1939, generally revised criteria
    for determining what shall not be considered as a day of
    unemployment with respect to any employee.
      Subsec. (b). Act June 20, 1939, substituted provisions setting
    forth criteria for determining nonapplicability of disqualification
    provided in subsec. (a)(iii) of this section, for provisions
    setting forth criteria for determining nonapplicability of
    disqualification provided in subsec. (a)(v) of this section.
      Subsecs. (c) to (e). Act June 20, 1939, substituted references to
    subsec. (a)(ii) of this section for references to subsec. (a)(iii)
    or (iv) of this section.

                     EFFECTIVE DATE OF 1983 AMENDMENT                 
      Amendment by Pub. L. 98-76 applicable to compensation paid for
    services rendered after Dec. 31, 1983, see section 411(b) of Pub.
    L. 98-76, set out as a note under section 351 of this title.

                     EFFECTIVE DATE OF 1974 AMENDMENT                 
      Amendment by Pub. L. 93-445 effective Jan. 1, 1975, see section
    603 of Pub. L. 93-445, set out as a note under section 402 of Title
    42, The Public Health and Welfare.

                     EFFECTIVE DATE OF 1968 AMENDMENT                 
      Amendment by section 204(a) of Pub. L. 90-257 effective with
    respect to calendar days in benefit years beginning after June 30,
    1968, and amendment by section 204(b) of Pub. L. 90-257 effective
    with respect to voluntary leaving of work (within the meaning of
    subsec. (a-2)(i) this section) after February 15, 1968, see section
    208 of Pub. L. 90-257, set out as a note under section 352 of this
    title.

                     EFFECTIVE DATE OF 1963 AMENDMENT                 
      Section 302(b) of Pub. L. 88-133 provided that: "The amendment
    made by subsection (a) [amending this section] shall be effective
    only with respect to an employee who leaves work voluntarily after
    the date of enactment of this Act [Oct. 5, 1963]."

                     EFFECTIVE DATE OF 1959 AMENDMENT                 
      Amendment by Pub. L. 86-28 effective with respect to benefits
    accruing in general benefit years which begin after the benefit
    year ending June 30, 1958, and in extended benefit periods which
    begin after Dec. 31, 1957, see section 309 of Pub. L. 86-28, set
    out as a note under section 351 of this title.

                     EFFECTIVE DATE OF 1958 AMENDMENT                 
      Amendment by Pub. L. 85-927 effective with respect to days in
    benefit years after the benefit year ending on June 30, 1958, see
    section 207(a) of Pub. L. 85-927, set out as a note under section
    351 of this title.

                     EFFECTIVE DATE OF 1951 AMENDMENT                 
      Amendment by act Oct. 30, 1951, effective with respect to
    registration periods beginning on and after Jan. 1, 1952, see
    section 28 of act Oct. 30, 1951, set out as a note under section
    351 of this title.

                     EFFECTIVE DATE OF 1946 AMENDMENT                 
      Amendment by act July 31, 1946, effective July 1, 1947, see
    section 403 of act July 31, 1946, set out as a note under section
    352 of this title.

                     EFFECTIVE DATE OF 1940 AMENDMENT                 
      For effective date of amendment by act Oct. 10, 1940, see section
    1 of act Oct. 10, 1940, set out as a note under section 351 of this
    title.

-FOOTNOTE-               

    (!1) So in original. The semicolon probably should be a period.


-End-



-CITE-
    45 USC Sec. 355                                             01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 11 - RAILROAD UNEMPLOYMENT INSURANCE

-HEAD-
    Sec. 355. Claims for benefits

-STATUTE-
    (a) Publication of Board's regulations
      Claims for benefits and appeals from determinations with respect
    thereto shall be made in accordance with such regulations as the
    Board shall prescribe. Each employer shall post and maintain, in
    places readily accessible to employees in his service, such printed
    statements concerning such regulations as the Board supplies to him
    for such purpose, and shall keep available to his employees copies
    of such printed statements. Such printed statements shall be
    supplied by the Board to each employer without cost to him.
    (b) Findings, hearings, investigations, etc., by Board
      The Board is authorized and directed to make findings of fact
    with respect to any claim for benefits and to make decisions as to
    the right of any claimant to benefits. The Board is further
    authorized to hold such hearings, to conduct such investigations
    and other proceedings, and to establish, by regulations or
    otherwise, such procedures as it may deem necessary or proper for
    the determination of a right to benefits. When a claim for benefits
    is filed with the Board, the Board shall provide notice of such
    claim to the claimant's base-year employer or employers and afford
    such employer or employers an opportunity to submit information
    relevant to the claim before making an initial determination on the
    claim. When the Board initially determines to pay benefits to a
    claimant under this chapter, the Board shall provide notice of such
    determination to the claimant's base-year employer or employers.
    (c) Hearing and review of decisions on claims
      (1) Each qualified employee whose claim for benefits has been
    denied in whole or in part upon an initial determination with
    respect thereto upon a basis other than one which is reviewable
    pursuant to one of the succeeding paragraphs of this subsection,
    shall be granted an opportunity for a fair hearing thereon before a
    referee or such other reviewing body as the Board may establish or
    assign thereto. In any such case the Board or the person or
    reviewing body so established or assigned shall, by publication or
    otherwise, notify all parties properly interested of their right to
    participate in the hearing and of the time and place of the
    hearing.
      (2) Any claimant whose claim for benefits has been denied in an
    initial determination with respect thereto upon the basis of his
    not being a qualified employee, and any claimant who contends that
    under an initial determination of his claim he has been awarded
    benefits at less than the proper rate, may appeal to the Board for
    the review of such determination. Thereupon the Board shall review
    the determination and for such review may designate one of its
    officers or employees to receive evidence and to report to the
    Board thereon together with recommendations. In any such case the
    Board or the person so designated shall, by publication or
    otherwise, notify all parties properly interested of their right to
    participate in the proceeding and, if a hearing is to be held, of
    the time and place of the hearing. At the request of any party
    properly interested the Board shall provide for a hearing, and may
    provide for a hearing on its own motion. The Board shall prescribe
    regulations governing the appeals provided for in this paragraph
    and for decisions upon such appeal.
      (3) Any base-year employer of a claimant whose claim for benefits
    has been granted in whole or in part, either in an initial
    determination with respect thereto or in a determination after a
    hearing pursuant to paragraph (1), and who contends that the
    determination is erroneous for a reason or reasons other than a
    reason that is reviewable under paragraph (4), may appeal to the
    Board for review of such determination. Despite such an appeal, the
    benefits awarded shall be paid to such claimant, subject to
    recovery by the Board if and to the extent found on the appeal to
    have been erroneously awarded. The Board shall take such action as
    is appropriate to recover the amount of such benefits including if
    feasible adjustment in subsequent payments pursuant to the first
    two paragraphs of section 352(d) of this title. Upon an appeal, the
    Board shall review the determination appealed from and for such
    review may designate one of its officers or employees to receive
    evidence and report to the Board thereof together with
    recommendations. In any such case the Board or the person so
    designated shall, by publication or otherwise, notify all parties
    properly interested of their right to participate in the proceeding
    and, if a hearing is to be held, of the time and place of the
    hearing. At the request of any party properly interested the Board
    shall provide for a hearing, and may provide for a hearing on its
    own motion. The Board shall prescribe regulations governing the
    appeals provided for in this paragraph and for decisions upon such
    appeal.
      (4) In any case in which benefits are awarded to a claimant in
    whole or in part upon the basis of pay earned in the service of a
    person or company found by the Board to be an employer as defined
    in this chapter but which denies that it is such an employer, such
    benefits awarded on such basis shall be paid to such claimant
    subject to a right of recovery of such benefits. The Board shall
    thereupon designate one of its officers or employees to receive
    evidence and to report to the Board on whether such benefits should
    be repaid. The Board may also designate one of its officers or
    employees to receive evidence and report to the Board whether or
    not any person or company is entitled to a refund of contributions
    or should be required to pay contributions under this chapter,
    regardless of whether or not any claims for benefits will have been
    filed upon the basis of service in the employ of such person or
    company, and shall follow such procedure if contributions are
    assessed and payment is refused or payment is made and a refund
    claimed upon the basis that such person or company is or will not
    have been liable for such contributions. In any such case the Board
    or the person so designated shall, by publication or otherwise,
    notify all parties properly interested of their right to
    participate in the proceeding and, if a hearing is to be held, of
    the time and place of the hearing. At the request of any party
    properly interested the Board shall provide for a hearing, and may
    provide for a hearing on its own motion. The Board shall prescribe
    regulations governing the proceedings provided for in this
    paragraph and for decisions upon such proceedings.
      (5) Final decision of the Board in the cases provided for in the
    preceding three paragraphs shall be communicated to the claimant
    and to the other interested parties within fifteen days after it is
    made. Any properly interested party notified, as hereinabove
    provided, of his right to participate in the proceedings may obtain
    a review of any such decision by which he claims to be aggrieved or
    the determination of any issue therein in the manner provided in
    subsection (f) of this section with respect to the review of the
    Board's decisions upon claims for benefits and subject to all
    provisions of law applicable to the review of such decisions.
    Subject only to such review, the decision of the Board upon all
    issues determined in such decision shall be final and conclusive
    for all purposes and shall conclusively establish all rights and
    obligations, arising under this chapter, of every party notified as
    hereinabove provided of his right to participate in the
    proceedings.
      (6) For purposes of this subsection and subsections (d) and (f)
    of this section, any base-year employer of the claimant is a
    properly interested party.
      (7) Any issue determinable pursuant to this subsection and
    subsection (f) of this section shall not be determined in any
    manner other than pursuant to this subsection and subsection (f) of
    this section.
    (d) Decisions of reviewing bodies; review and finality
      The Board shall prescribe regulations governing the filing of
    cases with and the decision of cases by reviewing bodies, and the
    review of such decisions. The Board may provide for intermediate
    reviews of such decisions by such bodies as the Board may establish
    or assign thereto. The Board may (i) on its own motion review a
    decision of an intermediate reviewing body on the basis of the
    evidence previously submitted in such case, and may direct the
    taking of additional evidence, or (ii) permit such parties as it
    finds properly interested in the proceedings to take appeals to the
    Board. Unless a review or an appeal is had pursuant to this
    subsection, the decision of an intermediate reviewing body shall,
    subject to such regulations as the Board may prescribe, be deemed
    to be the final decision of the Board.
    (e) Application of rules of evidence in law and equity; notice of
      findings
      In any proceeding other than a court proceeding, the rules of
    evidence prevailing in courts of law or equity shall not be
    controlling, but a full and complete record shall be kept of all
    proceedings and testimony, and the Board's final determination,
    together with its findings of fact and conclusions of law in
    connection therewith, shall be communicated to the parties within
    fifteen days after the date of such final determination.
    (f) Review of final decision of Board by Courts of Appeals; costs
      Any claimant, or any railway labor organization organized in
    accordance with the provisions of the Railway Labor Act [45 U.S.C.
    151 et seq.], of which claimant is a member, or any base-year
    employer of the claimant, or any other party aggrieved by a final
    decision under subsection (c) of this section, may, only after all
    administrative remedies within the Board will have been availed of
    and exhausted, obtain a review of any final decision of the Board
    by filing a petition for review within ninety days after the
    mailing of notice of such decision to the claimant or other party,
    or within such further time as the Board may allow, in the United
    States court of appeals for the circuit in which the claimant or
    other party resides or will have had his principal place of
    business or principal executive office, or in the United States
    Court of Appeals for the Seventh Circuit or in the United States
    Court of Appeals for the District of Columbia. A copy of such
    petition, together with initial process, shall forth-with be served
    upon the Board or any officer designated by it for such purpose. A
    copy of such petition also shall forthwith be served upon any other
    properly interested party, and such party shall be a party to the
    review proceeding. Service may be made upon the Board by registered
    mail addressed to the Chairman. Within thirty days after receipt of
    service, or within such additional time as the court may allow, the
    Board shall file with the court in which such petition has been
    filed the record upon which the findings and decision complained of
    are based, as provided in section 2112 of title 28. Upon the filing
    of such petition the court shall have exclusive jurisdiction of the
    proceeding and of the question determined therein. It shall have
    power to enter a decree affirming, modifying, or reversing the
    decision of the Board, with or without remanding the cause for
    rehearing. The findings of the Board as to the facts, if supported
    by evidence and in the absence of fraud, shall be conclusive. No
    additional evidence shall be received by the court but the court
    may order additional evidence to be taken before the Board, and the
    Board may, after hearing such additional evidence, modify its
    findings of fact and conclusions and file such additional or
    modified findings and conclusions with the court, and the Board
    shall file with the court the additional record. The judgment and
    decree of the court shall be final, subject to review as in equity
    cases.
      An applicant for review of a final decision of the Board
    concerning a claim for benefits shall not be liable for costs,
    including costs of service, or costs of printing records, except
    that costs may be assessed by the court against such applicant if
    the court determines that the proceedings for such review have been
    instituted or continued without reasonable ground.
    (g) Finality of Board decisions
      Findings of fact and conclusions of law of the Board in the
    determination of any claim for benefits or refund, the
    determination of any other matter pursuant to subsection (c) of
    this section, and the determination of the Board that the
    unexpended funds in the account are available for the payment of
    any claim for benefits or refund under this chapter, shall be,
    except as provided in subsection (f) of this section, binding and
    conclusive for all purposes and upon all persons, including the
    Comptroller General and any other administrative or accounting
    officer, employee, or agent of the United States, and shall not be
    subject to review in any manner other than that set forth in
    subsection (f) of this section.
    (h) Benefits payable prior to final decision of Board
      Except as may be otherwise prescribed by regulations of the
    Board, benefits payable with respect to any period prior to the
    date of a final decision of the Board with respect to a claim
    therefor, shall be paid only after such final decision.
    (i) Fees for presenting claims; penalties
      No claimant or other properly interested person claiming benefits
    shall be charged fees of any kind by the Board, its employees or
    representatives, with respect to such claim. Any such claimant or
    other properly interested person may be represented by counsel or
    other duly authorized agent, in any proceeding before the Board or
    its representatives or a court, but no such counsel or agent for a
    claimant shall either charge or receive for such services more than
    an amount approved by the Board or by the court before whom the
    proceedings of the Board are reviewed. Any person who violates any
    provision of this subsection shall be punished by a fine of not
    more than $10,000 or by imprisonment not exceeding one year.

-SOURCE-
    (June 25, 1938, ch. 680, Sec. 5, 52 Stat. 1099; Oct. 10, 1940, ch.
    842, Secs. 19, 20, 54 Stat. 1098; July 31, 1946, ch. 709, Secs. 311-
    316, 60 Stat. 738; June 25, 1948, ch. 646, Secs. 1, 32(a), 62
    Stat. 870, 991; May 24, 1949, ch. 139, Sec. 127, 63 Stat. 107; Pub.
    L. 85-791, Sec. 23, Aug. 28, 1958, 72 Stat. 948; Pub. L. 97-35,
    title XI, Sec. 1128(a), Aug. 13, 1981, 95 Stat. 641; Pub. L. 98-
    620, title IV, Sec. 402(47), Nov. 8, 1984, 98 Stat. 3360; Pub. L.
    100-647, title VII, Sec. 7104(a)-(c), Nov. 10, 1988, 102 Stat.
    3771.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Railway Labor Act, referred to in subsec. (f), is act May 20,
    1926, ch. 347, 44 Stat. 577, as amended, which is classified
    principally to chapter 8 (Sec. 151 et seq.) of this title. For
    complete classification of this Act to the Code, see section 151 of
    this title and Tables.

-COD-
                               CODIFICATION                           
      In subsec. (f), "Courts of Appeals", "United States court of
    appeals for the circuit", "United States Court of Appeals for the
    Seventh Circuit" substituted for "Circuit Courts of Appeals",
    "United States circuit court of appeals for the circuit", and
    "United States Circuit Court of Appeals for the Seventh Circuit",
    respectively, on authority of act June 25, 1948, Sec. 32(a), as
    amended by act May 24, 1949, Sec. 127. "United States Court of
    Appeals for the District of Columbia" substituted for "Court of
    Appeals for the District of Columbia" pursuant to act June 7, 1934,
    ch. 426, 48 Stat. 926.


-MISC1-
                                AMENDMENTS                            
      1988 - Subsec. (b). Pub. L. 100-647, Sec. 7104(a), inserted at
    end "When a claim for benefits is filed with the Board, the Board
    shall provide notice of such claim to the claimant's base-year
    employer or employers and afford such employer or employers an
    opportunity to submit information relevant to the claim before
    making an initial determination on the claim. When the Board
    initially determines to pay benefits to a claimant under this
    chapter, the Board shall provide notice of such determination to
    the claimant's base-year employer or employers."
      Subsec. (c)(1). Pub. L. 100-647, Sec. 7401(b)(1), (2), inserted
    "(1)" after "(c)" and inserted at end "In any such case the Board
    or the person or reviewing body so established or assigned shall,
    by publication or otherwise, notify all parties properly interested
    of their right to participate in the hearing and of the time and
    place of the hearing."
      Subsec. (c)(2). Pub. L. 100-647, Sec. 7104(b)(3), inserted "(2)"
    before "Any claimant whose claim".
      Subsec. (c)(3). Pub. L. 100-647, Sec. 7104(b)(4), added par. (3).
      Subsec. (c)(4). Pub. L. 100-647, Sec. 7104(b)(5), inserted "(4)"
    before "In any case in which".
      Subsec. (c)(5). Pub. L. 100-647, Sec. 7104(b)(6), (7), inserted
    "(5)" before "Final decision of the Board" and substituted
    "preceding three paragraphs" for "preceding two paragraphs".
      Subsec. (c)(6). Pub. L. 100-647, Sec. 7104(b)(8), added par. (6).
      Subsec. (c)(7). Pub. L. 100-647, Sec. 7104(b)(9), inserted "(7)"
    before "Any issue determinable".
      Subsec. (f). Pub. L. 100-647, Sec. 7104(c), inserted "or any base-
    year employer of the claimant," after "member," and inserted after
    second sentence "A copy of such petition also shall forthwith be
    served upon any other properly interested party, and such party
    shall be a party to the review proceeding."
      1984 - Subsec. (f). Pub. L. 98-620 struck out provision requiring
    court to give precedence in adjudication of petition over all other
    civil cases not otherwise entitled by law to precedence.
      1981 - Subsec. (f). Pub. L. 97-35 substituted "Within thirty
    days" for "Within fifteen days".
      1958 - Subsec. (f). Pub. L. 85-791, in fourth sentence, struck
    out "certify and" after "shall" and "a transcript of" after
    "filed", and inserted "as provided in section 2112 of title 28"; in
    fifth sentence, substituted "the filing of such petition" for "such
    filing"; in sixth sentence, struck out "upon the pleadings and
    transcript of the record," after "enter"; and in eighth sentence
    struck out "a transcript of" before "the additional record".
      1946 - Subsec. (c). Act July 31, 1946, Sec. 311, struck out
    provisions for district boards, placing their functions in referees
    or such other reviewing bodies as Board may establish; changed
    third par. to allow Board to determine if a person or company is
    covered by this chapter regardless of whether or not benefit claims
    are pending; and added last par.
      Subsec. (d). Act July 31, 1946, Sec. 312, changed references to
    district boards to refer to reviewing bodies.
      Subsec. (e). Act July 31, 1946, Sec. 313, struck out provisions
    restricting subsection to proceedings on a claim for benefits.
      Subsec. (f). Act July 31, 1946, Sec. 314, changed first sentence
    to provide for review by circuit courts of appeals instead of
    district courts.
      Subsec. (g). Act July 31, 1946, Sec. 315, inserted reference to
    determination of any other matter pursuant to subsec. (c) of this
    section.
      Subsec. (i). Act July 31, 1946, Sec. 316, extended provisions to
    other properly interested persons besides a claimant.
      1940 - Subsec. (c). Act Oct. 10, 1940, substituted provisions
    relating to a fair hearing for each qualified employee for
    provisions relating to a fair hearing for each claimant, and added
    paragraphs relating to review for claimants denied benefits on
    basis of not being a qualified employee or awarded benefits at an
    improper rate, payment of benefits to employees of noncomplying
    employers, and final decisions of Board.

                     EFFECTIVE DATE OF 1988 AMENDMENT                 
      Section 7104(f) of Pub. L. 100-647 provided that: "The amendments
    made by this section [amending this section and section 362 of this
    title] shall take effect on January 1, 1990."

                     EFFECTIVE DATE OF 1984 AMENDMENT                 
      Amendment by Pub. L. 98-620 not applicable to cases pending on
    Nov. 8, 1984, see section 403 of Pub. L. 98-620, set out as a note
    under section 1657 of Title 28, Judiciary and Judicial Procedure.

                     EFFECTIVE DATE OF 1981 AMENDMENT                 
      Amendment by Pub. L. 97-35 effective Oct. 1, 1981, and applicable
    only with respect to annuities awarded on or after that date, see
    section 1129 of Pub. L. 97-35, set out as a note under section 231
    of this title.

                     EFFECTIVE DATE OF 1946 AMENDMENT                 
      Amendment by act July 31, 1946, effective July 31, 1946, see
    section 401 of act July 31, 1946.

                     EFFECTIVE DATE OF 1940 AMENDMENT                 
      For effective date of amendment by act Oct. 10, 1940, see section
    1 of act Oct. 10, 1940, set out as a note under section 351 of this
    title.

-End-



-CITE-
    45 USC Sec. 355a                                            01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 11 - RAILROAD UNEMPLOYMENT INSURANCE

-HEAD-
    Sec. 355a. Acceptance of claims for benefits

-STATUTE-
      Whenever there is duly tendered to the Board, by any person, any
    claim for unemployment compensation pursuant to the Railroad
    Unemployment Insurance Act [45 U.S.C. 351 et seq.], such claim
    shall be accepted by the Board without delay and appropriate
    administrative action for the allowance or disallowance of such
    claim shall be taken by the Board at the earliest practicable time.

-SOURCE-
    (June 29, 1956, ch. 477, title V, Sec. 501, 70 Stat. 437.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Railroad Unemployment Insurance Act, referred to in text, is
    act June 25, 1938, ch. 680, 52 Stat. 1094, as amended, which is
    classified principally to this chapter. For complete classification
    of this Act to the Code, see section 367 of this title and Tables.

-COD-
                               CODIFICATION                           
      Section was enacted as part of act June 29, 1956, popularly known
    as the Departments of Labor, and Health, Education, and Welfare,
    Appropriation Act, 1957, and not as a part of the Railroad
    Unemployment Insurance Act which comprises this chapter.


-MISC1-
                             PRIOR PROVISIONS                         
      Similar provisions were contained in the following prior
    appropriation act: Aug. 1, 1955, ch. 437, title V, Sec. 501, 69
    Stat. 411.

-End-



-CITE-
    45 USC Sec. 356                                             01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 11 - RAILROAD UNEMPLOYMENT INSURANCE

-HEAD-
    Sec. 356. Returns of compensation; conclusiveness; failure to make

-STATUTE-
      Employers shall file with the Board, in such manner and at such
    times as the Board by regulations may prescribe, returns of
    compensation of employees, and, if the Board shall so require,
    shall distribute to employees annual statements of compensation:
    Provided, That no returns shall be required of employers which
    would duplicate information contained in similar returns required
    under any other Act of Congress administered by the Board. The
    Board's record of the compensation so returned shall, for the
    purpose of determining eligibility for and the amount of benefits,
    be conclusive as to the amount of compensation paid to an employee
    during the period covered by the return, and the fact that the
    Board's records show that no return was made of the compensation
    claimed to have been paid to an employee during a particular period
    shall, for the purposes of determining eligibility for and the
    amount of benefits, be taken as conclusive that no compensation was
    paid to such employee during that period, unless the error in the
    amount of compensation in the one case, or failure to make or
    record return of the compensation in the other case, is called to
    the attention of the Board within eighteen months after the date on
    which the last return covering any portion of the calendar year
    which includes such period is required to have been made.

-SOURCE-
    (June 25, 1938, ch. 680, Sec. 6, 52 Stat. 1101; June 20, 1939, ch.
    227, Sec. 12, 53 Stat. 847; Oct. 10, 1940, ch. 842, Sec. 21, 54
    Stat. 1099; July 31, 1946, ch. 709, Sec. 317, 60 Stat. 739; Pub. L.
    89-700, title II, Sec. 203, Oct. 30, 1966, 80 Stat. 1087.)


-MISC1-
                                AMENDMENTS                            
      1966 - Pub. L. 89-700 struck out provisions which required
    returns of compensation of employees to be under oath.
      1946 - Act July 31, 1946, changed references to compensation
    earned by an employee to refer to compensation paid to an employee.
      1940 - Act Oct. 10, 1940, inserted provisions relating to
    conclusiveness of returns for purpose of determining eligibility
    for and amount of benefits, and struck out requirements that
    returns relate to monthly compensation and that distributed
    statements of compensation be prepared by Board.
      1939 - Act June 20, 1939, struck out requirement that return
    shall be in form required by Board, inserted proviso relating to
    return containing duplicative information, and substituted
    provisions relating to conclusiveness of returns not questioned
    within eighteen months after last return is filed, for provisions
    relating to conclusiveness of returns not questioned within four
    years after last date on which return was required to be made.

                     EFFECTIVE DATE OF 1946 AMENDMENT                 
      Amendment by act July 31, 1946, effective July 31, 1946, see
    section 401 of act July 31, 1946.

                     EFFECTIVE DATE OF 1940 AMENDMENT                 
      For effective date of amendment by act Oct. 10, 1940, see section
    1 of act Oct. 10, 1940, set out as a note under section 351 of this
    title.

-End-



-CITE-
    45 USC Sec. 357                                             01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 11 - RAILROAD UNEMPLOYMENT INSURANCE

-HEAD-
    Sec. 357. Free transportation

-STATUTE-
      It shall not be unlawful for carriers to furnish free
    transportation to employees qualified for benefits or serving
    waiting periods under this chapter.

-SOURCE-
    (June 25, 1938, ch. 680, Sec. 7, 52 Stat. 1102.)

-End-



-CITE-
    45 USC Sec. 358                                             01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 11 - RAILROAD UNEMPLOYMENT INSURANCE

-HEAD-
    Sec. 358. Contributions

-STATUTE-
    (a) Employer contribution
      (1) In general
        (A) General rule
          (i) Contribution rate generally
            Every employer shall pay a contribution, with respect to
          having employees in his service, equal to the percentage
          determined under subparagraph (B), (C), or (D), whichever is
          applicable, of so much of the compensation paid in any
          calendar month by such employer to any employee as is not in
          excess of the monthly compensation base for that month as
          computed under section 351(i) of this title.
          (ii) Multiple employer limitation
            If compensation is paid to an employee by more than one
          employer in any calendar month - 
              (I) the contributions required by this subsection shall
            not apply to any amount of the aggregate compensation paid
            to such employee by all such employers in such calendar
            month which is in excess of such monthly compensation base;
            and
              (II) each employer (other than a subordinate unit of a
            national-railway-labor-organization employer) shall be
            liable for that portion of the contribution with respect to
            such compensation paid by all such employers which the
            compensation paid by him to such employee bears to the
            total compensation paid in such month by all such employers
            to such employee.

          In the event that the compensation paid by such employers to
          the employee in such month is less than such monthly
          compensation base, each subordinate unit of a national-
          railway-labor-organization employer shall be liable for such
          portion of any additional contribution as the compensation
          paid by such employer to such employee in such month bears to
          the total compensation paid by all such employers to such
          employee in such month.
        (B) Transitional rule
          (i) 1st, 2d, and 3d calendar years
            Except as provided in clause (vi), with respect to
          compensation paid in calendar years 1988, 1989, and 1990, the
          contribution rate shall be 8 percent.
          (ii) 4th calendar year
            With respect to compensation paid in calendar year 1991,
          the contribution rate shall be the smaller of - 
              (I) the maximum contribution limit computed under
            paragraph (20); or
              (II) the percentage computed pursuant to the following
            formula:

                           R =  (2A+B) / 3                       

          (iii) 5th calendar year
            With respect to compensation paid in calendar year 1992,
          the contribution rate shall be the smaller of - 
              (I) the maximum contribution limit computed under
            paragraph (20); or
              (II) the percentage computed pursuant to the following
            formula:
                                                         
                           R = (A+2C) / 3
                           
          (iv) Meaning of symbols
            For purposes of the formulas in clauses (ii) and (iii) - 
              (I) "R" is the applicable contribution rate expressed as
            a percentage for months in the calendar year;
              (II) "A" is the contribution rate determined under clause
            (i);
              (III) "B" is the percentage rate for the employer, as
            determined under subparagraph (C), for calendar year 1991;
            and
              (IV) "C" is the percentage rate for the employer, as
            determined under subparagraph (C), for calendar year 1992.
          (v) Special rule for certain computations
            For purposes of computing B and C in such formulas - 
              (I) the percentage rate computed under subparagraph (C),
            if more than the maximum contribution limit computed under
            paragraph (20) shall not be reduced to that limit; and
              (II) any computations which under subparagraph (C) are to
            be made on the basis of a 4-quarter or a 12-quarter period
            ending on a given June 30 shall be made on the basis of a
            period beginning on January 1, 1990, and ending on that
            June 30, and the amount so computed shall be increased to
            an amount that bears the same ratio to the amount so
            computed as 4 or 12, as appropriate, bears to the number of
            calendar quarters in the period on which the computation
            was based.
          (vi) Special transition rule for public commuter railroads
            With respect to each of calendar years 1989 and 1990, the
          contribution of the National Railroad Passenger Corporation
          and an employer which on November 10, 1988, is a publicly
          funded and publicly operated carrier providing rail commuter
          service shall be equal to the amount of benefits attributable
          to such carrier, plus an amount equal to 0.65 percent of the
          total compensation paid by that employer in that year on
          which that employer's contribution would be based under
          clause (i) if such employer's contribution were determined
          under that clause.
        (C) Experience-rated contributions
          With respect to compensation paid in a calendar year that
        begins after December 31, 1992, the contribution rate for each
        employer shall be determined as follows:
          (i) Step 1
            Compute the employer's benefit ratio as of the preceding
          June 30 to 4 decimal points in accordance with paragraph (2).
          (ii) Step 2
            Subtract the employer's reserve ratio as of the preceding
          June 30 as computed to 4 decimal points in accordance with
          paragraph (4).
          (iii) Step 3
            Subtract the pooled credit ratio for the calendar year, if
          any, as computed to 4 decimal points in accordance with
          paragraph (12).
          (iv) Step 4
            Multiply by 100 the total arrived at under the steps set
          forth in clauses (i) through (iii) so as to obtain a
          percentage rate, which shall be rounded to the nearest 100th
          of 1 percent. If the total arrived at under such steps is 0
          or less than 0, the percentage rate as so computed shall be
          0.
          (v) Step 5
            Add 0.65 to the percentage rate arrived at under clause
          (iv), representing the portion of the employer's contribution
          which is to be deposited to the credit of the fund under
          subsection (i) of this section.
          (vi) Step 6
            Add the surcharge rate for the calendar year, if any, as
          computed under paragraph (14).
          (vii) Step 7
            Add the pooled charge ratio for the calendar year, if any,
          as computed to 4 decimal points under paragraph (13) and
          multiplied by 100.
          (viii) Step 8
            Reduce the precentage (!1) rate computed in accordance with
          the preceding steps to the maximum contribution limit
          computed under paragraph (20), if such rate is higher than
          such limit. The rate computed in accordance with the
          preceding steps, after any reduction under this clause, is
          the contribution rate.

        (D) New-employer contribution rates
          Notwithstanding subparagraphs (B) and (C), the contribution
        rate applicable to a new employer who does not become subject
        to this chapter until after December 31, 1989, shall be
        determined as follows:
          (i) 1st calendar year
            With respect to compensation paid in calendar months before
          the end of the first full calendar year in which the employer
          is subject to this chapter, the contribution rate shall be
          the average contribution rate paid by all employers during
          the 3 calendar years preceding the calendar year before the
          calendar year in which the compensation is paid. The average
          contribution rate shall be determined - 
              (I) by dividing the aggregate contributions paid by all
            employers under this subsection in those 3 calendar years
            by the aggregate compensation with respect to which such
            contributions were paid; and
              (II) by multiplying the resulting ratio as computed to 4
            decimal points by 100.
          (ii) 2d calendar year
            With respect to compensation paid in calendar months in the
          next calendar year, the contribution rate shall be the
          smaller of - 
              (I) the maximum contribution limit computed under
            paragraph (20); or
              (II) the percentage rate computed pursuant to the
            following formula:
                                                                
                            R = ( 2(A2)+B ) / 3                        
    
          (iii) 3d calendar year
            With respect to compensation paid in calendar months in the
          third full calendar year in which the employer is subject to
          the coverage of this chapter, the contribution rate shall be
          the smaller of - 
              (I) the maximum contribution limit computed under
            paragraph (20); or
              (II) the percentage rate computed pursuant to the
            following formula:
                                                              
                           R = (A3+2C) / 3                       
    
          (iv) Subsequent calendar years
            With respect to all calendar months in calendar years
          subsequent to that calendar year, the contribution rate shall
          be determined under subparagraph (C).
          (v) Meaning of symbols
            For purposes of the formulas in clauses (ii) and (iii) - 
              (I) "R" is the applicable contribution rate expressed as
            a percentage for months in the calendar year;
              (II) "A1" is the contribution rate determined under
            clause (i) for such employer's first full calendar year;
              (III) "A2" is the contribution rate which would have been
            determined under clause (i) if the employer's second
            calendar year had been its first full calendar year;
              (IV) "A3" is the contribution rate which would have been
            determined under clause (i) if the employer's third
            calendar year had been such employer's first full calendar
            year;
              (V) "B" is the contribution rate for the employer as
            determined under subparagraph (C) for the employer's second
            full calendar year; and
              (VI) "C" is the contribution rate for the employer as
            determined under subparagraph (C) for the employer's third
            full calendar year.
          (vi) Special rule for certain computations
            For purposes of computing B and C in such formulas - 
              (I) the percentage rate computed under subparagraph (C),
            shall not be reduced under clause (viii) of that
            subparagraph; and
              (II) any computations which under subparagraph (C) are to
            be made on the basis of a 4-quarter or 12-quarter period
            ending on a given June 30 shall be made on the basis of a
            period commencing with the first day of the first calendar
            quarter that begins after the date on which the employer
            first commenced paying compensation subject to this chapter
            and ending on that June 30, and the amount so computed
            shall be increased to an amount that bears the same ratio
            to the amount so computed as 4 or 12, as appropriate, bears
            to the number of calendar quarters in the period on which
            the computation was based.
      (2) Benefit ratio
        An employer's benefit ratio as of any given June 30 shall be
      determined by dividing all benefits charged to the employer under
      paragraph (15) during the 12 calendar quarters ending on such
      June 30 by the employer's 3-year compensation base as of such
      June 30 as computed under paragraph (3).
      (3) 3-year compensation base
        An employer's 3-year compensation base as of any given June 30
      is the aggregate compensation with respect to which contributions
      were paid by the employer under this subsection in the 12
      calendar quarters ending on such June 30.
      (4) Reserve ratio
        An employer's reserve ratio as of any given June 30 shall be
      computed by dividing the employer's reserve balance as of such
      June 30, as computed under paragraph (6), by that employer's 1-
      year compensation base as of such June 30, as computed under
      paragraph (5). The employer's reserve ratio may be either a
      positive or a negative figure, depending upon whether the
      employer's reserve balance is a positive or negative figure.
      (5) 1-year compensation base
        An employer's 1-year compensation base as of any given June 30
      is the aggregate compensation with respect to which contributions
      were paid by the employer under this subsection in the 4 calendar
      quarters ending on such June 30.
      (6) Reserve balance
        An employer's reserve balance as of any given June 30 shall be
      determined by subtracting the employer's cumulative benefit
      balance as of such June 30, computed under paragraph (7), from
      the employer's net cumulative contribution balance as of such
      June 30, computed under paragraph (8). An employer's reserve
      balance may be either positive or negative, depending upon
      whether or not that employer's net cumulative contribution
      balance exceeds the employer's cumulative benefit balance.
      (7) Cumulative benefit balance
        An employer's cumulative benefit balance as of any given June
      30 shall be determined by adding - 
          (A) the net amount of the benefits charged to the employer
        under paragraph (15) on or after January 1, 1990; and
          (B) the cumulative amount of the employer's unallocated
        charges for the same period, if any, as computed under
        paragraph (9).
      (8) Net cumulative contribution balance
        An employer's net cumulative contribution balance as of any
      given June 30 shall be determined as follows:
        (A) Step 1
          Compute the sum of
            (i) all contributions paid by the employer pursuant to this
          subsection;
            (ii) that portion of the tax imposed under section 3321(a)
          of title 26 that is attributable to the surtax rate under
          section 516(b) of the Railroad Unemployment Insurance and
          Retirement Improvement Act of 1988; (!2) and

            (iii) any taxes paid by the employer pursuant to section
          3321(a) of title 26 (after the outstanding balance of loans
          made under section 360(d) of this title before October 1,
          1985, plus interest, have been paid);

        on or after January 1, 1990.
        (B) Step 2
          Subtract an amount equal to the amount of such contributions
        deposited to the credit of the fund under subsection (i) of
        this section.
        (C) Step 3
          Add an amount equal to the aggregate amount by which such
        contributions were reduced in prior calendar years as a result
        of pooled credits, if any, under paragraph (1)(C)(iii).
      (9) Unallocated charge
        An employer's unallocated charge as of any given June 30 is the
      amount that as of such June 30 bears the same ratio to the system
      unallocated charge balance, computed under paragraph (10), as the
      employer's 1-year compensation base, computed under paragraph
      (5), bears to the system compensation base computed under
      paragraph (11).
      (10) System unallocated charge balance
        The system unallocated charge balance as of any given June 30
      shall be determined as follows:
        (A) Step 1
          Compute the aggregate amount of all interest paid by the
        account on loans from the Railroad Retirement Account after
        September 30, 1985, pursuant to section 360(d) of this title,
        during the 4 calendar quarters ending on that June 30.
        (B) Step 2
          Add the aggregate amount of any additions to the system
        unallocated charge balance specified in paragraphs (15) and
        (16), during that period.
        (C) Step 3
          Add the aggregate amount of any other expenditures by the
        account during that period not chargeable to any individual
        employer under paragraph (15) or to the fund under section 361
        of this title.
        (D) Step 4
          Subtract the aggregate amount of all income to the account,
        under section 360(a)(iv) of this title or section 360(a)(vii)
        of this title, during that period.
        (E) Step 5
          Subtract the aggregate amount of all transfers to the
        account, pursuant to section 361(d) of this title, during that
        period.
        (F) Step 6
          Subtract the aggregate amount of all other income and
        receipts of the account, during that period, which are not
        assigned to individual employer balances.
        (G) Step 7
          Subtract the net cumulative contribution balance of each
        employer whose balance has been cancelled pursuant to paragraph
        (16), during that period, calculated as of the date of such
        cancellation.
      (11) System compensation base
        The system compensation base as of any given June 30 shall be
      determined by adding together the amounts of the 1-year
      compensation bases of all employers and employee representatives
      subject to this chapter, computed in accordance with paragraph
      (5), as of such June 30.
      (12) Pooled credit ratio
        The pooled credit ratio, if any, for a calendar year shall be
      determined as follows:
        (A) Step 1
          Compute the balance to the credit of the account as of the
        close of business on the preceding June 30, including any
        amounts in the account attributable to loans made under section
        360(d) of this title before October 1, 1985, but disregarding
        the obligation to repay such loans and interest thereon. In
        determining such balance as of June 30 of any year, so much of
        the balance to the credit of the railroad unemployment
        insurance administration fund as of the close of business on
        such date as is in excess of $6,000,000 shall be deemed to be
        part of the balance to the credit of such account. There will
        be a pooled credit ratio for the calendar year only if that
        balance is in excess of the greater of $250,000,000 or of the
        amount that bears the same ratio to $250,000,000 as the system
        compensation base as of that June 30 bears to the system
        compensation base as of June 30, 1991, as computed in
        accordance with paragraph (11).
        (B) Step 2
          If there is such an excess amount, divide that excess amount
        by the system compensation base as of the June 30 preceding the
        calendar year. The result is the pooled credit ratio for the
        calendar year.
      (13) Pooled charge ratio
        The pooled charge ratio, if any, for a calendar year shall be
      determined as follows:
        (A) Step 1
          With respect to each employer whose contribution rate for
        that calendar year as computed through step 6 under paragraph
        (1)(C) was greater than the maximum contribution limit computed
        under paragraph (20), multiply the employer's 1-year
        compensation base as of the preceding June 30, as computed in
        accordance with paragraph (5), by the difference between - 
            (i) the percentage rate determined under subparagraph (B),
          (C), or (D) of paragraph (1) before the reduction to the
          maximum contribution limit; and
            (ii) the maximum contribution limit.
        (B) Step 2
          Add the amounts arrived at under step 1 so as to obtain an
        aggregate amount for all such employers.
        (C) Step 3
          For each employer whose contribution rate as computed through
        step 3 under paragraph (1)(C) was less than 0, the percentage
        rate by which such employer's rate was raised in order to bring
        that rate to 0 shall be multiplied by that employer's 1-year
        compensation base as of the preceding June 30. Subtract the
        total of the amounts computed under the preceding sentence for
        all employers from the amount arrived at in step 2.
        (D) Step 4
          Divide the aggregate amount arrived at under step 3 by the
        system compensation base as of the preceding June 30 as
        computed under paragraph (11) minus the one-year compensation
        base of those employers whose rates computed through step 6 of
        paragraph (1)(C) exceeded the maximum contribution rate
        computed under paragraph (20). The result is the pooled charge
        ratio for the calendar year.
      (14) Surcharge rate
        The surcharge rate for a calendar year, if any, shall be
      determined as follows:
        (A) Step 1
          Compute the balance to the credit of the account as of the
        close of business on the preceding June 30, including any
        amounts in the account attributable to loans made under section
        360(d) of this title before October 1, 1985, but disregarding
        the obligation to repay such loans and interest thereon. In
        determining such balance as of June 30 of any year, so much of
        the balance to the credit of the railroad unemployment
        insurance administration fund as of the close of business on
        such date as is in excess of $6,000,000 shall be deemed to be
        part of the balance to the credit of such account. There will
        be a surcharge rate for the calendar year only if that balance
        is less than the greater of $100,000,000 or of the amount that
        bears the same ratio to $100,000,000 as the system compensation
        base as of that June 30 bears to the system compensation base
        as of June 30, 1991, as computed in accordance with paragraph
        (11).
        (B) Step 2
          (i) If the balance to the credit of the account is less than
        the greater of the amounts referred to in the 2nd sentence of
        step 1 but is equal to or more than the greater of $50,000,000
        or of the amount that bears the same ratio to $50,000,000 as
        the system compensation base as of that June 30 bears to the
        system compensation base as of June 30, 1991, then the
        surcharge rate for the calendar year shall be 1.5 percent.
          (ii) If the balance to the credit of the account is less than
        the greater of the amounts referred to in the clause (i), but
        greater than or equal to zero, then the surcharge rate for the
        calendar year shall be 2.5 percent.
          (iii) If the balance to the credit of the account is less
        than zero, the surcharge rate for the calendar year shall be
        3.5 percent.
      (15) Chargeable benefits
        (A) In general
          Beginning January 1, 1990, all benefits paid to an employee
        for days of unemployment or days of sickness shall be charged
        to that employee's base year employer by adding amounts equal
        to the amounts of such benefits to the employer's cumulative
        benefit balance except that benefits paid by reason of strikes
        or work stoppages growing out of labor disputes shall not be
        added to the employer's cumulative benefit balance but instead
        shall be added to the system unallocated charge balance.
        (B) Adjustments
          A sum equal to each amount realized in recovery for
        overpayment, erroneous payment, or reimbursement of benefits
        and credited to the account pursuant to section 360(a)(v) or
        360(a)(viii) of this title shall be subtracted from the
        cumulative benefit balances of the employers of the employees
        to whom such an amount was paid as a benefit in the proportion
        to the amount by which each such employer's cumulative benefit
        balance was increased as a result of the payment of the
        benefit.
        (C) Multiple employers
          (i) In general
            All benefits paid to an employee who had more than 1 base-
          year employer shall be charged to the cumulative benefit
          balances of the employee's base year employers - 
              (I) in reverse chronological order of the employee's
            employment with each such employer in the base year if the
            employer at the time of the claim was the last base year
            employer, and the amount charged to each employer shall not
            exceed the compensation paid by that employer to the
            employee in the base year; and
              (II) in all other cases, in the same ratio as the
            compensation paid to such employee by the employer bears to
            the total of such compensation paid to such employees by
            all such employers in the base year.
          (ii) Special rule for employer with cancelled balances
            All benefits chargeable under this subparagraph to an
          employer for which the Board has cancelled balances under
          paragraph (16) shall be added to the system unallocated
          charge balance.
      (16) Defunct employer
        Whenever the Board determines, pursuant to such regulations as
      the Board may prescribe, that an employer has permanently ceased
      to pay compensation with respect to which contributions are
      payable pursuant to this subsection, the Board shall, effective
      on the date of the Board's determination, transfer the employer's
      net cumulative contribution balance as a subtraction from, and
      cumulative benefit balance as an addition to, the system
      unallocated charge balance and cancel all other accumulations of
      the employer.
      (17) Individual employer record
        (A) In general
          As of January 1, 1990, the Board shall commence maintaining
        an individual employer record with respect to each employer,
        and the records necessary to determine pooled charges, pooled
        credits and unallocated charge balances for the system.
        Whenever a new employer begins paying compensation with respect
        to which contributions are payable pursuant to this subsection,
        the Board shall establish and maintain an individual employer
        record for such employer.
        (B) Definition
          As used in this paragraph, the term "individual employer
        record" means a record of an individual employer's benefit
        ratio, reserve ratio, 1-year compensation base, 3-year
        compensation base, unallocated charge, reserve balance, net
        cumulative contribution balance, and cumulative benefit
        balance.
      (18) Joint employer records
        Pursuant to regulations prescribed by the Board, the Board may
      allow 2 or more employers, upon application, to establish and
      maintain, or to discontinue, a joint individual employer record
      for such employers as though such joint record constituted a
      single employer's individual employer record.
      (19) Mergers, consolidations, or other changes in employer
        identity
        (A) With other employers
          In the event of a merger, consolidation, unification, or
        reorganization in which an employer combines with another
        employer and the combination entails no partitioning of the
        property of the employer, the individual employer records of
        the 2 employers shall be combined into a joint individual
        employer record if the parties request such joint treatment
        pursuant to paragraph (18) or if the Board otherwise
        determines, pursuant to regulations prescribed by the Board,
        that such joint treatment is desirable.
        (B) With nonemployers
          In the event of a merger, consolidation, unification, or
        reorganization in which an employer combines with another
        entity that is not an employer, the employer's individual
        employer record shall attach to the combined entity.
        (C) Sale of assets
          In the event property of an employer is sold or transferred
        to another employer or other entity, or is partitioned among 2
        or more employers or entities, the cumulative benefit balance,
        net cumulative contribution balance, 1-year compensation base,
        and 3-year compensation base of the employer shall be prorated
        among the employers which receive the property, including any
        entities which become employers by virtue of such transfer or
        partition, in such equitable manner as the Board by regulation
        shall prescribe.
        (D) Reincorporation
          The cumulative benefit balance, net cumulative contribution
        balance, 1-year compensation base, and 3-year compensation base
        of an employer that reincorporates or otherwise alters its
        corporate identity in a transaction not involving a merger,
        consolidation, or unification shall attach to the
        reincorporated or altered entity.
        (E) Abandonment
          If an employer abandons property or discontinues service but
        continues to operate as an employer, the employer's individual
        employer record shall continue to be calculated as provided in
        this subsection without retroactive adjustment.
      (20) Maximum contribution limit
        The maximum contribution limit with respect to a calendar year
      is 12 percent, unless a 3.5 percent surcharge under paragraph
      (14) is in effect with respect to that calendar year. If such a
      surcharge is in effect the maximum contribution limit with
      respect to that calendar year is 12.5 percent.
      (21) Special rules for certain computations under paragraph
        (1)(C)
        (A) Any computation that is to be made under paragraph (1)(C)
      on the basis of a 12-quarter period ending on a given June 30
      shall be made on the basis of a period - 
          (i) beginning on the later of - 
            (I) January 1, 1990;
            (II) the first day of the first calendar quarter that
          begins after the date on which the employer first began to
          pay compensation subject to this chapter; or
            (III) July 1 of the third calendar year preceding that June
          30; and

          (ii) ending on that June 30.

        (B) The amount computed under subparagraph (A) shall be
      increased to an amount that bears the same ratio to the amount so
      computed as 12 bears to the number of calendar quarters on which
      the computation is based.
    (b) Employee representative contribution
      Each employee representative shall pay a contribution with
    respect to so much of the compensation paid to him for services
    performed as an employee representative as is not in excess of the
    monthly compensation base computed in accordance with section
    351(i) of this title, at a rate which shall be determined under
    subsection (a) of this section in the same manner and with the same
    effect as if the employee organization by which such employee
    representative is employed were an employer as defined in this
    chapter.
    (c) Board proclamation of balance
      (1) In general
        Not later than October 15, 1990, and October 15 of each year
      thereafter the Board shall proclaim - 
          (A) the balance to the credit of the account as of the
        preceding June 30 for purposes of paragraphs (12) and (14) of
        subsection (a) of this section;
          (B) the balance of any advances to the account under section
        360(d) of this title after September 30, 1985, that has not
        been repaid with interest as provided in such section as of
        September 30 of that year;
          (C) the system compensation base as of that June 30 as
        computed in accordance with paragraph (11) of that subsection;
          (D) the system unallocated charge balance as of that June 30,
        as computed in accordance with paragraph (10) of that
        subsection; and
          (E) the pooled credit ratio, the pooled charge ratio, and the
        surcharge rate, if any, as determined under paragraph (12),
        (13), or (14) of that subsection and applicable in the
        following calendar year.
      (2) Publication of notice
        As soon as is practicable after such proclamation, the Board
      shall publish notice in the Federal Register of the amounts so
      determined and proclaimed.
    (d) Notifications by Board
      (1) Not later than the last day of any calendar quarter that
    begins after March 31, 1990, the Board shall notify each employer
    and employee representative of its net cumulative contribution
    balance and cumulative benefit balance as of the end of the
    preceding calendar quarter, as computed in accordance with
    paragraphs (7) and (8) of subsection (a) of this section as of the
    last day of such preceding calendar quarter rather than as of a
    given June 30 if such last day is not a June 30.
      (2) Not later than October 15, 1990, and October 15 of each year
    thereafter, the Board shall notify each employer and employee
    representative of its benefit ratio, reserve ratio, 1-year
    compensation base, 3-year compensation base, unallocated charge,
    and reserve balance as of the preceding June 30 as computed in
    accordance with paragraphs (2), (3), (4), (5), (6), and (9) of
    subsection (a) of this section, and of the contribution rate
    applicable to the employer or employee representative in the
    following calendar year as computed under paragraphs (1)(B), (C),
    or (D) of that subsection.
    (e) Information to verify accuracy to be made available
      Notwithstanding any other provision of law, upon request by an
    employer or employee representative, the Board shall make available
    to such employer or employee representative any information
    available to the Board which may be necessary to verify the
    accuracy of a contribution rate determined by the Board to be
    applicable to such employer or employee representative, or of any
    component of that contribution rate including the accuracy of the
    employer's individual employer record, upon payment by such
    employer or employee representative to the Board of the cost
    incurred by the Board in making such information available. The
    amounts so paid to the Board shall be credited to and deposited in
    the fund.
    (f) Fractional parts of a cent
      In the payment of any contribution under this chapter, a
    fractional part of a cent shall be disregarded unless it amounts to
    one-half cent or more, in which case it shall be increased to one
    cent.
    (g) Adjustments for improper payments
      If more or less than the correct amount of the contribution
    required by this section is paid with respect to any compensation,
    then, under regulations prescribed under this chapter by the Board,
    proper adjustments with respect to the contribution shall be made,
    without interest, in connection with subsequent contribution
    payments made under this chapter by the same employer or employee
    representative.
    (h) Refunding overpayment; collecting underpayment
      If more or less than the correct amount of the contribution
    required by this section is paid with respect to any compensation
    and the overpayment or underpayment of the contribution cannot be
    adjusted under subsection (d) of this section, the amount of the
    overpayment shall be refunded from the account, or the amount of
    the underpayment shall be collected, in such manner and at such
    times (subject to the statute of limitations properly applicable
    thereto) as may be prescribed by regulations of the Board.
    (i) Collection and deposit of contributions
      The contributions required by this chapter shall be collected by
    the Board and shall be deposited by it with the Secretary of the
    Treasury of the United States, such part thereof as equals 0.65 per
    centum of the total compensation on which such contributions are
    based to be deposited to the credit of the fund and the balance to
    be deposited to the credit of the account.
    (j) Time for payment; failure to pay promptly
      The contributions required by this chapter shall be collected and
    paid quarterly or at such other times and in such manner and under
    such conditions not inconsistent with this chapter as may be
    prescribed by regulations of the Board, and shall not be deducted,
    in whole or in part, from the compensation of employees in the
    employer's employ. If a contribution required by this chapter is
    not paid when due, there shall be added to the amount payable
    (except in the case of adjustments made in accordance with the
    provisions of this chapter) interest at the rate of 1 per centum
    per month or fraction of a month from the date the contribution
    became due until paid. Any interest collected pursuant to this
    subsection shall be credited to the account.
    (k) Application of other laws; authority of Board
      All provisions of law, including penalties, applicable with
    respect to any tax imposed by the provisions of the Railroad
    Retirement Tax Act [26 U.S.C. 3201 et seq.], insofar as applicable
    and not inconsistent with the provisions of this chapter, shall be
    applicable with respect to the contributions required by this
    chapter: Provided, That all authority and functions conferred by or
    pursuant to such provisions upon any officer or employee of the
    United States, except the authority to institute and prosecute, and
    the function of instituting and prosecuting, criminal proceedings,
    shall, with respect to such contributions, be vested in and
    exercised by the Board or such officers and employees of the Board
    as it may designate therefor. The remedies available under the
    first sentence of this subsection for an employer or employee
    representative who contests the amount of contributions payable by
    him shall also apply with respect to a contention that the
    contribution rate determined by the Board under subsection (a) or
    (b) of this section to be applicable to such employer or employee
    representative is inaccurate or otherwise improper.

-SOURCE-
    (June 25, 1938, ch. 680, Sec. 8, 52 Stat. 1102; July 31, 1946, ch.
    709, Sec. 318, 60 Stat. 739; June 23, 1948, ch. 608, Secs. 4, 5(a),
    6, 62 Stat. 577, 578; Aug. 31, 1954, ch. 1164, pt. III, Secs. 305,
    306, 68 Stat. 1042; Pub. L. 85-927, pt. II, Sec. 203, Sept. 6,
    1958, 72 Stat. 1782; Pub. L. 86-28, pt. III, Secs. 306, 307, May
    19, 1959, 73 Stat. 32; Pub. L. 88-133, title III, Secs. 303(a),
    304, Oct. 5, 1963, 77 Stat. 222, 223; Pub. L. 89-700, title II,
    Sec. 204, title III, Sec. 301(i), (ii), Oct. 30, 1966, 80 Stat.
    1087, 1088; Pub. L. 94-92, title I, Sec. 1(g), (h), Aug. 9, 1975,
    89 Stat. 463; Pub. L. 97-35, title XI, Sec. 1128(b), Aug. 13, 1981,
    95 Stat. 641; Pub. L. 98-76, title V, Sec. 503(a), Aug. 12, 1983,
    97 Stat. 440; Pub. L. 100-647, title VII, Secs. 7102(a)-(d),
    7103(a), Nov. 10, 1988, 102 Stat. 3759-3770; Pub. L. 101-322, Sec.
    8(a), July 6, 1990, 104 Stat. 297.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 516(b) of the Railroad Unemployment Insurance and
    Retirement Improvement Act of 1988, referred to in subsec.
    (a)(8)(A)(ii), probably means section 7106(b) of Pub. L. 100-647,
    title VII, Nov. 10, 1988, 102 Stat. 3773, which is set out as a
    note under section 3321 of Title 26, Internal Revenue Code.
      The Railroad Retirement Tax Act, referred to in subsec. (k), is
    act Aug. 16, 1954, ch. 736, Secs. 3201, 3202, 3211, 3212, 3221, and
    3231 to 3233, 68A Stat. 431, as amended, which is classified
    generally to chapter 22 (Sec. 3201 et seq.) of Title 26. For
    complete classification of this Act to the Code, see section 3233
    of Title 26 and Tables.


-MISC1-
                                AMENDMENTS                            
      1990 - Subsec. (a)(1)(B)(vi). Pub. L. 101-322 inserted "the
    National Railroad Passenger Corporation and" after "the
    contribution of".
      1988 - Subsec. (a). Pub. L. 100-647, Sec. 7102(a), added subsec.
    (a) and struck out former subsec. (a) which consisted of two
    undesignated pars.
      Subsec. (b). Pub. L. 100-647, Sec. 7102(b), amended subsec. (b)
    generally. Prior to amendment, subsec. (b) read as follows: "Each
    employee representative shall pay a contribution with respect to so
    much of the compensation paid to him for services performed as an
    employee representative during any month as is not, for any such
    calendar month, in excess of $600, at the rate applicable to
    employers in accordance with subsection (a) of this section. The
    compensation of an employee representative and the contribution
    with respect thereto shall be determined in the same manner and
    with the same effect as if the employee organization by which such
    employee representative is employed were an employer as defined in
    this chapter."
      Subsecs. (c) to (g). Pub. L. 100-647, Sec. 7102(d), added
    subsecs. (c) to (e) and redesignated former subsecs. (c) to (g) as
    (f) to (j), respectively.
      Subsec. (h). Pub. L. 100-647, Sec. 7102(d)(1), redesignated
    former subsec. (e) as (h). Former subsec. (h) redesignated (k).
      Pub. L. 100-647, Sec. 7102(c), inserted at end "The remedies
    available under the first sentence of this subsection for an
    employer or employee representative who contests the amount of
    contributions payable by him shall also apply with respect to a
    contention that the contribution rate determined by the Board under
    subsection (a) or (b) of this section to be applicable to such
    employer or employee representative is inaccurate or otherwise
    improper."
      Subsec. (i). Pub. L. 100-647, Sec. 7103(a), substituted "0.65"
    for "0.5".
      Pub. L. 100-647, Sec. 7102(d)(1), redesignated former subsec. (f)
    as (i).
      Subsecs. (j), (k). Pub. L. 100-647, Sec. 7102(d)(1), redesignated
    former subsecs. (g) and (h) as (j) and (k), respectively.
      1983 - Subsec. (a). Pub. L. 98-79, Sec. 503(a)(1), amended
    provisions preceding table generally. Prior to amendment, such
    provisions read as follows: "Every employer shall pay a
    contribution, with respect to having employees in his service,
    equal to the percentage determined as set forth below of so much of
    the compensation as is not in excess of $300 for any calendar month
    paid by him to any employee for services rendered to him after June
    30, 1939, and before July 1, 1954, and is not in excess of $350 for
    any calendar month paid by him to any employee for services
    rendered to him after June 30, 1954, and before June 1, 1959, and
    is not in excess of $400 for any calendar month paid by him to any
    employee for services rendered to him after May 31, 1959: Provided,
    however, That if compensation is paid to an employee by more than
    one employer with respect to any such calendar month, the
    contributions required by this subsection shall apply to not more
    than $300 for any month before July 1, 1954, and to not more than
    $350 for any month after June 30, 1954, and before June 1, 1959,
    and to not more than $400 for any month after May 31, 1959, of the
    aggregate compensation paid to said employee by all said employers
    with respect to such calendar month, and each employer other than a
    subordinate unit of a national railway-labor-organization employer
    shall be liable for that proportion of the contribution with
    respect to such compensation paid by all such employers which the
    compensation paid by him after December 31, 1946, to the employee
    for services during any calendar month after 1946 bears to the
    total compensation paid by all such employers after December 31,
    1946, to such employee for services rendered during such month; and
    in the event that the compensation so paid by such employers to the
    employee for services rendered during such month is less than $300
    if such month is before July 1, 1954, or less than $350 if such
    month is after June 30, 1954, and before June 1, 1959, or less than
    $400 if such month is after May 31, 1959, each subordinate unit of
    a national railway-labor-organization employer shall be liable for
    such proportion of any additional contribution as the compensation
    paid by such employer after December 31, 1946, to such employee for
    services rendered during such month bears to the total compensation
    paid by all such employers after December 31, 1946, to such
    employee for services rendered during such month:
      "1. With respect to compensation paid prior to January 1, 1948,
    the rate shall be 3 per centum;
      "2. With respect to compensation paid after the month in which
    this chapter was amended in 1959, the rate shall be as follows:".
      Subsec. (b). Pub. L. 98-76, Sec. 503(a)(2), struck out "after
    December 1975" after "during any month", and substituted "$600" for
    "$400".
      1981 - Subsec. (f). Pub. L. 97-35 substituted "equals 0.5 per
    centum" for "equals 0.25 per centum".
      1975 - Subsec. (a). Pub. L. 94-92, Sec. 1(g), substituted table
    reading:


    "$300,000,000 or more                                            0.5
    $200,000,000 or more but less than $300,000,000                  4.0
    $100,000,000 or more but less than $200,000,000                  5.5
    $50,000,000 or more but less than $100,000,000                   7.0
    Less than $50,000,000                                           8.0"
    for prior provisions reading:                                       
    "$450,000,000 or more                                              1
                                                                     1/2
    $400,000,000 or more but less than $450,000,000                    2
    $350,000,000 or more but less than $400,000,000                    2
                                                                     1/2
    $300,000,000 or more but less than $350,000,000                    3
    Less than $300,000,000                                            4"
    --------------------------------------------------------------------


      Subsec. (b). Pub. L. 94-92, Sec. 1(h), substituted "Each employee
    representative shall pay a contribution with respect to so much of
    the compensation paid to him for services performed as an employee
    representative during any month after December 1975 as is not, for
    any such calendar month, in excess of $400, at the rate applicable
    to employers in accordance with subsection (a) of this section."
    for "Each employee representative shall pay, with respect to his
    income, a contribution equal to 4 per centum of so much of the
    compensation of such employee representative as is not in excess of
    $300 for any calendar month, paid to him for services performed as
    an employee representative after June 30, 1939, and before July 1,
    1954, and as is not in excess of $350 paid to him for services
    rendered as an employee representative in any calendar month after
    June 30, 1954, and before June 1, 1959, and as is not in excess of
    $400 paid to him for services rendered as an employee
    representative in any calendar month after May 31, 1959."
      1966 - Subsec. (a). Pub. L. 89-700, Sec. 301(i), (ii),
    substituted "before June 1, 1959" for "before the calendar month
    next following the month in which this Act was amended in 1959",
    and "after May 31, 1959" for "after the month in which this Act was
    so amended".
      Subsec. (b). Pub. L. 89-700, Secs. 204(a), 301(i), (ii),
    increased contribution rate from 3 3/4  per centum to 4 per centum,
    and substituted "before June 1, 1959" for "before the calendar
    month next following the month in which this Act was amended in
    1959", and "after May 31, 1959" for "after the month in which this
    Act was so amended".
      Subsec. (h). Pub. L. 89-700, Sec. 204(b), substituted "the
    provisions of the Railroad Retirement Tax Act" for "section 1800 or
    2700 of title 26, and the provisions of section 3661 of title 26".
      1963 - Subsec. (a). Pub. L. 88-133, Sec. 303(a), increased
    contribution rate in table from 3 3/4  to 4 percent when balance to
    credit of railroad unemployment insurance account as of close of
    business on Sept. 30 of any year is less than $300,000,000.
      Subsec. (f). Pub. L. 88-133, Sec. 304, increased amount of
    contributions to be deposited to credit of fund from 0.2 per centum
    to 0.25 per centum of total compensation on which such
    contributions are based.
      1959 - Subsec. (a). Pub. L. 86-28, Sec. 306, increased earnings
    base from $350 to $400 per month for months after May 1959 for
    purposes of unemployment insurance contributions, and contribution
    rates with respect to compensation paid after May 1959 by 1 percent
    for each of the categories over $300,000,000, by 1 1/4  percent
    when the balance was $250,000,000 or more but less than
    $300,000,000, and by  3/4  of 1 percent where the balance was less
    than $250,000,000.
      Subsec. (b). Pub. L. 86-28, Sec. 307, increased contribution rate
    from 3 to 3 3/4  per centum and maximum amount of compensation for
    which contribution is payable from $350 to $400 for services
    rendered in any calendar month after May 1959.
      1958 - Subsec. (a). Pub. L. 85-927 inserted provision deeming
    balance to credit of fund a part of balance to credit of account.
      1954 - Subsecs. (a), (b). Act Aug. 31, 1954, increased earnings
    base from $300 to $350 per month after June 30, 1954 for purposes
    of unemployment insurance contributions.
      1948 - Subsec. (a). Act June 23, 1948, Secs. 4, 5(a), substituted
    for flat 3 percent contribution rate a sliding scale under which
    tax rate is automatically adjusted in accordance with amount of
    reserves in unemployment insurance account as of close of business
    on Sept. 30 of each year.
      Subsec. (f). Act June 23, 1948, Sec. 6, changed rates of credits
    to account and fund.
      1946 - Subsec. (a). Act July 31, 1946, Sec. 318(a), changed basis
    of contributions from compensation payable during a month to
    compensation paid during the month and inserted provisions relating
    to proration of contributions where one of the employers is a
    railway labor organization.
      Subsec. (h). Act July 31, 1946, Sec. 318(b), substituted
    references to sections of the Internal Revenue Code for references
    to the sections of the Internal Revenue Acts of 1926 and 1934 from
    which they were derived.

                     EFFECTIVE DATE OF 1990 AMENDMENT                 
      Section 8(b) of Pub. L. 101-322 provided that: "The amendment
    made by subsection (a) [amending this section] shall be effective
    as of January 1, 1989."

                     EFFECTIVE DATE OF 1988 AMENDMENT                 
      Section 7102(e) of Pub. L. 100-647 provided that: "The amendments
    made by this section [amending this section] shall take effect upon
    the date of the enactment of this Act [Nov. 10, 1988]."
      Section 7103(c) of Pub. L. 100-647 provided that: "The amendments
    made by this section [amending this section and sections 360 and
    361 of this title] shall apply with respect to compensation paid in
    months beginning after September 30, 1988."

                     EFFECTIVE DATE OF 1983 AMENDMENT                 
      Amendment by Pub. L. 98-76 applicable to compensation paid for
    services rendered after Dec. 31, 1983, see section 503(c) of Pub.
    L. 98-76, set out as a note under section 351 of this title.

                     EFFECTIVE DATE OF 1981 AMENDMENT                 
      Amendment by Pub. L. 97-35 effective Oct. 1, 1981, and applicable
    only with respect to annuities awarded on or after that date, see
    section 1129 of Pub. L. 97-35, set out as a note under section 231
    of this title.

                     EFFECTIVE DATE OF 1975 AMENDMENT                 
      Amendment by Pub. L. 94-92 effective with respect to compensation
    paid for services rendered after Dec. 31, 1975, see section 2 of
    Pub. L. 94-92, set out as a note under section 351 of this title.

                     EFFECTIVE DATE OF 1963 AMENDMENT                 
      Section 303(a) of Pub. L. 88-133 provided that the amendment made
    by that section is effective with respect to compensation paid
    after Dec. 31, 1963.
      Section 304 of Pub. L. 88-133 provided that the amendment made by
    that section is effective with respect to contributions collected
    by the Railroad Retirement Board after Dec. 31, 1961.

                     EFFECTIVE DATE OF 1959 AMENDMENT                 
      Amendment by sections 306(4), (5) and 307(1) of Pub. L. 86-28
    effective first day of calendar month next following May 1959, and
    applicable only with respect to compensation paid for services
    rendered in calendar months after May 1959, see section 309 of Pub.
    L. 86-28, set out as a note under section 351 of this title.

                     EFFECTIVE DATE OF 1958 AMENDMENT                 
      Amendment by Pub. L. 85-927 effective Sept. 6, 1958, except as
    otherwise indicated, see section 207(c) of Pub. L. 85-927, set out
    as a note under section 351 of this title.

                     EFFECTIVE DATE OF 1954 AMENDMENT                 
      Amendment by act Aug. 31, 1954, effective July 1, 1954, see
    section 401 of act Aug. 31, 1954, set out as a note under section
    351 of this title.

                     EFFECTIVE DATE OF 1946 AMENDMENT                 
      Amendment by act July 31, 1946, effective Jan. 1, 1947, see
    section 402 of act July 31, 1946.

              ADJUSTMENT OR REFUND OF EXCESSIVE CONTRIBUTIONS          
      Section 5(b) of act June 23, 1948, provided that: "Contributions
    paid under subsection (a) of section 8 of the Railroad Unemployment
    Insurance Act, as amended [subsec. (a) of this section], prior to
    the enactment of the foregoing amendment thereof [June 23, 1948]
    which are in excess of those required by said subsection as so
    amended shall be subject to adjustment or refund in accordance with
    the provisions of subsections (d) and (e) of said section 8
    [subsecs. (d) and (e) of this section]."

-FOOTNOTE-
    (!1) So in original. Probably should be "percentage".

    (!2) See References in Text note below.


-End-



-CITE-
    45 USC Sec. 359                                             01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 11 - RAILROAD UNEMPLOYMENT INSURANCE

-HEAD-
    Sec. 359. Penalties

-STATUTE-
    (a) Failure to make report or furnish information; false or
      fraudulent statement or claim
      Any officer or agent of an employer, or any employee
    representative, or any employee acting in his own behalf, or any
    person whether or not of the character hereinbefore defined, who
    shall willfully fail or refuse to make any report or furnish any
    information required by the Board in the administration of this
    chapter, or who shall knowingly make or aid in making or cause to
    be made any false or fraudulent statement or report when a
    statement or report is required to be made for the purposes of this
    chapter, or who shall knowingly make or aid in making or cause to
    be made any false or fraudulent statement or claim for the purpose
    of causing benefits or other payment to be made or not to be made
    under this chapter, shall be punished by a fine of not more than
    $10,000 or by imprisonment not exceeding one year, or both.
    (b) Agreement by employee to bear employer's contribution
      Any agreement by an employee to pay all or any portion of the
    contribution required of his employer under this chapter shall be
    void, and it shall be unlawful for any employer, or officer or
    agent of an employer, to make, require, or permit any employee to
    bear all or any portion of such contribution. Any employer, or
    officer or agent of an employer, who violates any provision of this
    subsection shall be punished for each such violation by a fine of
    not more than $10,000 or by imprisonment not exceeding one year, or
    both.
    (c) Punishments not specifically provided
      Any person who violates any provision of this chapter, the
    punishment for which is not otherwise provided, shall be punished
    for each such violation by a fine of not more than $1,000 or by
    imprisonment not exceeding one year, or both.
    (d) Payment and disposition of fines or penalties
      All fines and penalties imposed by a court pursuant to this
    chapter shall be paid to the court and be remitted from time to
    time by order of the judge to the Treasury of the United States to
    be credited to the account.

-SOURCE-
    (June 25, 1938, ch. 680, Sec. 9, 52 Stat. 1103.)

-End-



-CITE-
    45 USC Sec. 360                                             01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 11 - RAILROAD UNEMPLOYMENT INSURANCE

-HEAD-
    Sec. 360. Railroad unemployment insurance account

-STATUTE-
    (a) Funds constituting account; availability for benefits or
      refunds
      The Secretary of the Treasury shall maintain in the unemployment
    trust fund established pursuant to section 1104 of title 42 an
    account to be known as the railroad unemployment insurance account.
    This account shall consist of (i) such part of all contributions
    collected pursuant to section 358 of this title as is in excess of
    0.65 per centum of the total compensation on which such
    contributions are based, together with all interest collected
    pursuant to section 358(g) (!1) of this title; (ii) all amounts
    transferred or paid into the account pursuant to section 363 or
    section 364 of this title; (iii) all additional amounts
    appropriated to the account in accordance with any provision of
    this chapter or with any provision of law now or hereafter adopted;
    (iv) a proportionate part of the earnings of the unemployment trust
    fund, computed in accordance with the provisions of section 1104(e)
    of title 42; (v) all amounts realized in recoveries for
    overpayments or erroneous payments of benefits; (vi) all amounts
    transferred thereto pursuant to section 361 of this title; (vii)
    all fines or penalties collected pursuant to the provisions of this
    chapter; and (viii) all amounts credited thereto pursuant to
    section 352(f) or section 362(g) of this title. Notwithstanding any
    other provision of law, all moneys credited to the account shall be
    mingled and undivided, and are permanently appropriated to the
    Board to be continuously available to the Board without further
    appropriation, for the payment of benefits and refunds under this
    chapter, and no part thereof shall lapse at any time, or be carried
    to the surplus fund or any other fund.

    (b) Payment of benefits or refunds
      All moneys in the account shall be used solely for the payment of
    the benefits and refunds provided for by this chapter. The Board
    shall, from time to time, certify to the Secretary of the Treasury
    the name and address of each person or company entitled to receive
    benefits or a refund payment under this chapter, the amount of such
    payment, and the time at which it shall be made. Prior to audit or
    settlement by the Government Accountability Office, the Secretary
    of the Treasury, through the Fiscal Service of the Treasury
    Department, shall make payments from the account directly to such
    person or company of the amount of benefits or refund so certified
    by the Board: Provided, however, That if the Board shall so
    request, the Secretary of the Treasury, through the Fiscal Service
    of the Treasury Department, shall transmit benefits payments to the
    Board for distribution by it through employment offices or in such
    other manner as the Board deems proper.
    (c) Annual report to Congress
      The Board shall include in its annual report to Congress a
    statement with respect to the status and operation of the account.
    (d) Transfer and retransfer of funds; interest
      Whenever the Board finds at any time that the balance in the
    railroad unemployment insurance account will be insufficient to pay
    the benefits and refunds which it estimates are due, or will become
    due, under this chapter, it shall request the Secretary of the
    Treasury to transfer from the Railroad Retirement Account to the
    credit of the railroad unemployment insurance account such moneys
    as the Board estimates would be necessary for the payment of such
    benefits and refunds, and the Secretary shall make such transfer.
    Whenever the Board finds that the balance in the railroad
    unemployment insurance account, without regard to the amounts
    transferred pursuant to the next preceding sentence, is sufficient
    to pay such benefits and refunds, it shall request the Secretary of
    the Treasury to retransfer from the railroad unemployment insurance
    account to the credit of the Railroad Retirement Account such
    moneys as in its judgment are not needed for the payment of such
    benefits and refunds, plus interest at a rate for each fiscal year
    equal to the average rate of interest borne by all special
    obligations held by the Railroad Retirement Account on the last day
    of the preceding fiscal year, rounded to the nearest multiple of
    one-eighth of 1 per centum, and the Secretary shall make such
    retransfer. In determining the balance in the railroad unemployment
    insurance account as of September 30 of any year pursuant to
    section 358(a) of this title, any moneys transferred from the
    Railroad Retirement Account to the credit of the railroad
    unemployment insurance account which have not been retransferred as
    of such date from the latter account to the credit of the former,
    plus the interest accrued thereon to that date, shall be
    disregarded.

-SOURCE-
    (June 25, 1938, ch. 680, Sec. 10 (less (e)-(g)), 52 Stat. 1104;
    June 20, 1939, ch. 227, Sec. 13, 53 Stat. 848; 1940 Reorg. Plan No.
    III, Sec. 1(a)(1), eff. June 30, 1940, 5 F.R. 2107, 54 Stat. 1231;
    June 23, 1948, ch. 608, Sec. 7, 62 Stat. 578; Pub. L. 86-28, pt.
    III, Sec. 308(a), May 19, 1959, 73 Stat. 32; Pub. L. 88-133, title
    III, Sec. 305, Oct. 5, 1963, 77 Stat. 223; Pub. L. 89-700, title
    II, Sec. 205, Oct. 30, 1966, 80 Stat. 1087; Pub. L. 90-257, title
    II, Sec. 205, Feb. 15, 1968, 82 Stat. 24; Pub. L. 93-445, title IV,
    Sec. 403, Oct. 16, 1974, 88 Stat. 1359; Pub. L. 94-92, title I,
    Sec. 1(i), Aug. 9, 1975, 89 Stat. 464; Pub. L. 98-76, title III,
    Sec. 302, Aug. 12, 1983, 97 Stat. 432; Pub. L. 99-107, Sec. 4,
    Sept. 30, 1985, 99 Stat. 479; Pub. L. 99-155, Sec. 2(c), Nov. 14,
    1985, 99 Stat. 814; Pub. L. 99-181, Sec. 3, Dec. 13, 1985, 99 Stat.
    1172; Pub. L. 99-189, Sec. 3, Dec. 18, 1985, 99 Stat. 1184; Pub. L.
    99-272, title XIII, Sec. 13302, Apr. 7, 1986, 100 Stat. 327; Pub.
    L. 100-647, title VII, Sec. 7103(b)(1), Nov. 10, 1988, 102 Stat.
    3770; Pub. L. 108-271, Sec. 8(b), July 7, 2004, 118 Stat. 814.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 358(g) of this title, referred to in subsec. (a), was
    redesignated section 358(j) of this title by Pub. L. 100-647, title
    VII, Sec. 7102(d)(1), Nov. 10, 1988, 102 Stat. 3769.

-COD-
                               CODIFICATION                           
      Section 10(e)-(g) of act June 25, 1938, amended section 1104 of
    Title 42, The Public Health and Welfare.


-MISC1-
                                AMENDMENTS                            
      2004 - Subsec. (b). Pub. L. 108-271 substituted "Government
    Accountability Office" for "General Accounting Office".
      1988 - Subsec. (a). Pub. L. 100-647 substituted "0.65" for "0.5".
      1986 - Subsec. (d). Pub. L. 99-272 struck out at end "No transfer
    shall be made under this subsection from Railroad Retirement
    Account after December 19, 1985, and no such transfer shall be made
    on or before December 19, 1985, for purposes of paying benefits and
    refunds due after such date."
      1985 - Subsec. (d). Pub. L. 99-189 substituted "December 19,
    1985" for "December 18, 1985" wherever appearing.
      Pub. L. 99-181 substituted "December 18, 1985" for "December 14,
    1985" wherever appearing.
      Pub. L. 99-155 substituted "December 14, 1985" for "November 14,
    1985" wherever appearing.
      Pub. L. 99-107 substituted "November 14, 1985" for "September 30,
    1985" wherever appearing.
      1983 - Subsec. (d). Pub. L. 98-76 inserted provisions that no
    transfer shall be made under this subsection from Railroad
    Retirement Account after September 30, 1985, and no such transfer
    shall be made on or before September 30, 1985, for purposes of
    paying benefits and refunds due after such date.
      1975 - Subsec. (a)(i). Pub. L. 94-92, Sec. 1(i)(1), substituted
    "0.5" for "0.25".
      Subsec. (a)(ii). Pub. L. 94-92, Sec. 1(i)(2), struck out "and
    pursuant to subsection (h)[e] of this section". Congress probably
    intended to strike out internal reference to subsec. (e) of this
    section in view of repeal of subsection by section 403 of Pub. L.
    93-445 and it being last subsection of section.
      1974 - Subsec. (e). Pub. L. 93-445 repealed subsec. (e) which was
    added by Pub. L. 90-257 as subsec. (h) and redesignated (e) for
    purposes of codification, and which provided for annual adjustment
    of account and transfer of funds from Railroad Retirement Account.
      1968 - Subsec. (a)(ii). Pub. L. 90-257 inserted reference to
    amounts transferred or paid into account pursuant to subsec. (e) of
    this section.
      Subsec. (e). Pub. L. 90-257 added subsec. (e) which was subsec.
    (h) in original and was redesignated (e) for purposes of
    codification.
      1966 - Subsec. (a). Pub. L. 89-700 substituted "0.25 per centum"
    for "0.2 per centum".
      1963 - Subsec. (d). Pub. L. 88-133 substituted "a rate for each
    fiscal year equal to the average rate of interest borne by all
    special obligations held by the Railroad Retirement Account on the
    last day of the preceding fiscal year, rounded to the nearest
    multiple of one-eighth of 1 per centum" for "the rate of 3 per
    centum per annum."
      1959 - Subsec. (d). Pub. L. 86-28 substituted provisions
    authorizing Board to request transfer and retransfer of funds for
    provisions which directed Secretary of the Treasury to advance not
    more than $25,000,000 for purpose of paying benefits.
      1948 - Subsec. (a)(i). Act June 23, 1948, changed computation of
    insurance account.
      1939 - Subsec. (a). Act June 20, 1939, substituted "(f)" for
    "(g)".

                     EFFECTIVE DATE OF 1988 AMENDMENT                 
      Amendment by Pub. L. 100-647 applicable with respect to
    compensation paid in months beginning after Sept. 30, 1988, see
    section 7103(c) of Pub. L. 100-647, set out as a note under section
    358 of this title.

                     EFFECTIVE DATE OF 1975 AMENDMENT                 
      Amendment by Pub. L. 94-92 effective with respect to compensation
    paid for services rendered after Dec. 31, 1975; and effective Aug.
    9, 1975, respectively, see section 2 of Pub. L. 94-92, set out as a
    note under section 351 of this title.

                     EFFECTIVE DATE OF 1974 AMENDMENT                 
      Amendment by Pub. L. 93-445 effective Jan. 1, 1975, see section
    603 of Pub. L. 93-445, set out as a note under section 402 of Title
    42, The Public Health and Welfare.

                     EFFECTIVE DATE OF 1963 AMENDMENT                 
      Section 305 of Pub. L. 88-133 provided that the amendment made by
    that section is effective after June 30, 1964.

                     EFFECTIVE DATE OF 1959 AMENDMENT                 
      Section 308(b) of Pub. L. 86-28 provided that: "The amendment
    made by this section [amending this section] shall take effect on
    the date of enactment of this Act [May 19, 1959]."


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      "Fiscal Service" substituted for "Division of Disbursements" in
    two places in subsec. (b) on authority of section 1(a)(1) of Reorg.
    Plan No. III of 1940, eff. June 30, 1940, 5 F.R. 2107, 54 Stat.
    1231, set out in the Appendix to Title 5, Government Organization
    and Employees, which consolidated such division into Fiscal Service
    of Treasury Department. See section 306 of Title 31, Money and
    Finance.

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    45 USC Sec. 361                                             01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 11 - RAILROAD UNEMPLOYMENT INSURANCE

-HEAD-
    Sec. 361. Railroad unemployment insurance administration fund

-STATUTE-
    (a) Maintenance of account; amounts constituting fund
      The Secretary of the Treasury shall maintain in the unemployment
    trust fund established pursuant to section 904 of the Social
    Security Act [42 U.S.C. 1104] an account to be known as the
    railroad unemployment insurance administration fund. This
    unemployment insurance administration fund shall consist of (i)
    such part of all contributions collected pursuant to section 358 of
    this title as equals 0.65 per centum of the total compensation on
    which such contributions are based; (ii) all amounts advanced to
    the fund by the Secretary of the Treasury pursuant to this section;
    (iii) all amounts appropriated by subsection (b) of this section;
    and (iv) such additional amounts as Congress may appropriate for
    expenses necessary or incidental to administering this chapter.
    Such additional amounts are authorized to be appropriated.
    (b) Authorization of appropriations; advance of sums; repayment
      In addition to the other moneys herein provided for expenses
    necessary or incidental to administering this chapter, there is
    appropriated to the fund such amount as the Secretary of the
    Treasury and the Board shall jointly estimate to have been
    collected or to be collectible with respect to the calendar years
    1936, 1937, 1938, and 1939, from employers subject to this chapter,
    under title IX of the Social Security Act, less such amount as the
    Secretary of the Treasury and the Board shall jointly estimate will
    be appropriated or has been appropriated to States or Territories
    pursuant to the Act of Congress approved August 24, 1937 (Public,
    Numbered 353, Seventy-fifth Congress), as proceeds of taxes paid by
    employers pursuant to title IX of the Social Security Act.
      Until the amount appropriated by this subsection is credited to
    the fund, the Secretary of the Treasury is directed to advance to
    the credit of the fund such sums, but not more than $2,000,000, as
    the Board requests for the purpose of financing the costs of
    administering this chapter. Such advance shall be repaid from the
    fund at such time after the amount appropriated by this subsection
    is credited to the fund as the Board by agreement with the
    Secretary of the Treasury may determine, but not later than January
    1, 1940.
    (c) Availability for administrative expenses
      Notwithstanding any other provision of law, all moneys at any
    time credited to the fund are permanently appropriated to the Board
    to be continuously available to the Board without further
    appropriation for any expenses necessary or incidental to
    administering this chapter, including personal services in the
    District of Columbia and elsewhere; travel expenses, including
    expenses of attendance at meetings when authorized by the Board;
    actual transportation expenses and not to exceed $10 per diem to
    cover subsistence and other expenses while in attendance at and en
    route to and from the place to which he is invited, to any person
    other than an employee of the Federal Government who may, from time
    to time, be invited to the city of Washington or elsewhere for
    conference or advisory purposes in furthering the work of the
    Board; when found by the Board to be in the interest of the
    Government, not exceeding 3 per centum, in any fiscal year, of the
    amounts credited during such year to the fund, for engaging persons
    or organizations, by contract or otherwise, for any special
    technical or professional services, determined necessary by the
    Board, including but not restricted to accounting, actuarial,
    statistical, and reporting services, without regard to section 5 of
    title 41 and the provisions of other laws applicable to the
    employment and compensation of officers and employees of the United
    States; services; advertising, postage, telephone, telegraph,
    teletype, and other communication services and tolls; supplies;
    reproducing, photographing, and all other equipment, office
    appliances, and laborsaving devices, including devices for internal
    communication and conveyance; purchase and exchange, operation,
    maintenance and repair of motor-propelled passenger-carrying
    vehicles to be used only for official purposes in the District of
    Columbia and in the field; printing and binding; purchase and
    exchange of law books, books of reference, and directories;
    periodicals, newspapers and press clippings, in such amounts as the
    Board deems necessary, without regard to the provisions of section
    192 of the Revised Statutes; manuscripts and special reports;
    membership fees or dues in organizations which issue publications
    to members only, or to members at a lower price than to others,
    payment for which may be made in advance; rentals, including
    garages, in the District of Columbia or elsewhere; alterations and
    repairs; if found by the Board to be necessary to expedite the
    certification to the Board by the Director of the Office of
    Personnel Management of persons eligible to be employed by the
    Board, and to the extent that the Board finds such expedition
    necessary, meeting the expenses of the Director of the Office of
    Personnel Management in holding examinations for testing the
    fitness of applicants for admission to the classified service for
    employment by the Board pursuant to the second paragraph of section
    362(l) of this title, but not to exceed the additional expenses
    found by the Board to have been incurred by reason of the holding
    of such examinations; and miscellaneous items, including those for
    public instruction and information deemed necessary by the Board:
    Provided, That section 5 of title 41 shall not be construed to
    apply to any purchase or procurement of supplies or services by the
    Board from moneys in the fund when the aggregate amount involved
    does not exceed $300. Determinations of the Board whether the fund
    or an appropriation for the administration of the Railroad
    Retirement Act of 1974 [45 U.S.C. 231 et seq.] is properly
    chargeable with the authorized expenses, or parts thereof, incurred
    in the administration of such Act, or of this chapter, shall be
    binding and conclusive for all purposes and upon all persons,
    including the Comptroller General and any other administrative or
    accounting officer, employee, or agent of the United States and
    shall not be subject to review in any manner.
    (d) Transfer of excess to insurance account
      So much of the balance in the fund as of September 30 of each
    year as is in excess of $6,000,000 shall as of such date be
    transferred from the fund and credited to the account.

-SOURCE-
    (June 25, 1938, ch. 680, Sec. 11, 52 Stat. 1105; June 20, 1939, ch.
    227, Secs. 14, 15, 53 Stat. 848; Oct. 10, 1940, ch. 842, Sec. 22,
    54 Stat. 1099; June 23, 1948, ch. 608, Sec. 8, 62 Stat. 578; Pub.
    L. 85-927, pt. II, Sec. 205, Sept. 6, 1958, 72 Stat. 1783; Pub. L.
    89-700, title II, Sec. 205, Oct. 30, 1966, 80 Stat. 1087; Pub. L.
    93-445, title IV, Sec. 404, Oct. 16, 1974, 88 Stat. 1359; Pub. L.
    94-92, title I, Sec. 1(j), Aug. 9, 1975, 89 Stat. 464; Pub. L. 94-
    273, Sec. 2(22), Apr. 21, 1976, 90 Stat. 376; 1978 Reorg. Plan No.
    2, Sec. 102, eff. Jan. 1, 1979, 43 F.R. 36037, 92 Stat. 3783; Pub.
    L. 100-647, title VII, Sec. 7103(b)(2), Nov. 10, 1988, 102 Stat.
    3770.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Social Security Act, referred to in subsec. (b), is act Aug.
    14, 1935, ch. 531, 49 Stat. 620, as amended. Title IX of the Social
    Security Act was formerly classified generally to subchapter IX
    (Sec. 1101 et seq.) of chapter 7 of Title 42, The Public Health and
    Welfare, and, except for section 1104 of Title 42, was omitted from
    the Code pursuant to section 4 of act Feb. 10, 1939, ch. 2, 53
    Stat. 1. For further details, see Prior Provisions note preceding
    section 1101 of Title 42. For complete classification of the Social
    Security Act to the Code, see section 1305 of Title 42 and Tables.
      Act of Congress approved August 24, 1937, referred to in subsec.
    (b), is act Aug. 24, 1937, ch. 755, 50 Stat. 754, which is not
    classified to the Code.
      Section 192 of the Revised Statutes, referred to in subsec. (c),
    which related to expenditures for newspapers and which was
    classified to section 102 of former Title 5, was repealed by act
    Aug. 2, 1946, ch. 744, Sec. 17(a), 60 Stat. 811.
      The Railroad Retirement Act of 1974, referred to in subsec. (c),
    is act Aug. 29, 1935, ch. 812, as amended generally by Pub. L. 93-
    445, title I, Sec. 101, Oct. 16, 1974, 88 Stat. 1305, which is
    classified generally to subchapter IV (Sec. 231 et seq.) of chapter
    9 of this title. For further details and complete classification of
    this Act to the Code, see Codification note set out preceding
    section 231 of this title, section 231t of this title, and Tables.


-MISC1-
                                AMENDMENTS                            
      1988 - Subsec. (a). Pub. L. 100-647 substituted "0.65" for "0.5".
      1976 - Subsec. (d). Pub. L. 94-273 substituted "September" for
    "June".
      1975 - Subsec. (a)(i). Pub. L. 94-92 substituted "0.5" for
    "0.25".
      1974 - Subsec. (c). Pub. L. 93-445 substituted "Railroad
    Retirement Act of 1974" and "such Act" for "Railroad Retirement Act
    of 1937 and the Railroad Retirement Act of 1935" and "such Acts",
    respectively.
      1966 - Subsec. (a). Pub. L. 89-700 substituted "0.25 per centum"
    for "0.2 per centum".
      1958 - Subsec. (a). Pub. L. 85-927 substituted provisions
    directing Secretary of the Treasury to maintain in unemployment
    trust fund established pursuant to section 1104 of title 42 an
    account to be known as the railroad unemployment insurance
    administration fund, for provisions which established railroad
    unemployment insurance administration fund in Treasury of United
    States.
      1948 - Subsec. (a)(i). Act June 23, 1948, changed computation of
    administration funds.
      1940 - Subsec. (d). Act Oct. 10, 1940, substituted provisions
    relating to transfer of balance remaining in fund in excess of
    $6,000,000, for provisions relating to lapsing of fund, carryovers
    to surplus or other fund, and transfers from fund.
      1939 - Subsec. (b). Act June 20, 1939, Sec. 14, substituted ".
    Such advance shall be repaid from the fund at" for ", including
    personal services in the District of".
      Subsec. (c). Act June 20, 1939, Sec. 15, substituted ", including
    personal services in the District of" for ". Such advance shall be
    repaid from the fund at".

                     EFFECTIVE DATE OF 1988 AMENDMENT                 
      Amendment by Pub. L. 100-647 applicable with respect to
    compensation paid in months beginning after Sept. 30, 1988, see
    section 7103(c) of Pub. L. 100-647, set out as a note under section
    358 of this title.

                     EFFECTIVE DATE OF 1975 AMENDMENT                 
      Amendment by Pub. L. 94-92 effective with respect to compensation
    paid for services rendered after Dec. 31, 1975, see section 2 of
    Pub. L. 94-92, set out as a note under section 351 of this title.

                     EFFECTIVE DATE OF 1974 AMENDMENT                 
      Amendment by Pub. L. 93-445 effective Jan. 1, 1975, see section
    603 of Pub. L. 93-445, set out as a note under section 402 of Title
    42, The Public Health and Welfare.

                     EFFECTIVE DATE OF 1958 AMENDMENT                 
      Amendment by Pub. L. 85-927 effective Sept. 6, 1958, except as
    otherwise indicated, see section 207(c) of Pub. L. 85-927, set out
    as a note under section 351 of this title.

                     EFFECTIVE DATE OF 1940 AMENDMENT                 
      For effective date of amendment by act Oct. 10, 1940, see section
    1 of act Oct. 10, 1940, see note set out under section 351 of this
    title.


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      "Director of the Office of Personnel Management" substituted for
    "Civil Service Commission" in subsec. (c), pursuant to Reorg. Plan
    No. 2 of 1978, Sec. 102, 43 F.R. 36037, 92 Stat. 3783, set out
    under section 1101 of Title 5, Government Organization and
    Employees, which transferred functions vested by statute in United
    States Civil Service Commission to Director of Office of Personnel
    Management (except as otherwise specified), effective Jan. 1, 1979,
    as provided by section 1-102 of Ex. Ord. No. 12107, Dec. 28, 1978,
    44 F.R. 1055, set out under section 1101 of Title 5.

-End-



-CITE-
    45 USC Sec. 362                                             01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 11 - RAILROAD UNEMPLOYMENT INSURANCE

-HEAD-
    Sec. 362. Duties and powers of Board

-STATUTE-
    (a) Witnesses; subpenas, service, fees, etc.
      For the purpose of any investigation or other proceeding relative
    to the determination of any right to benefits, or relative to any
    other matter within its jurisdiction under this chapter, the Board
    shall have the power to issue subpenas requiring the attendance and
    testimony of witnesses and the production of any evidence,
    documentary or otherwise, that relates to any matter under
    investigation or in question, before the Board or any member,
    employee, or representative thereof. Any member of the Board or any
    of its employees or representatives designated by it may administer
    oaths and affirmations, examine witnesses, and receive evidence.
    Such attendance of witnesses and production of evidence may be
    required from any place in the United States or any Territory or
    possession thereof at any designated place of hearing. All subpenas
    may be served and returned by anyone authorized by the Board in the
    same manner as is now provided by law for the service and return by
    United States marshals of subpenas in suits in equity. Such service
    may also be made by registered mail or by certified mail and in
    such case the return post-office receipt shall be proof of service.
    Witnesses summoned in accordance with this subsection shall be paid
    the same fees and mileage as are paid witnesses in the district
    courts of the United States.
    (b) Enforcement of subpenas by courts; contempts; service of
      orders, writs, or processes
      In case of contumacy by, or refusal to obey a subpena lawfully
    issued to, any person, the Board may invoke the aid of the district
    court of the United States or the United States courts of any
    Territory or possession, where such person is found or resides or
    is otherwise subject to service of process, or the United States
    District Court for the District of Columbia if the investigation or
    proceeding is being carried on in the District of Columbia, or the
    United States District Court for the Northern District of Illinois,
    if the investigation or proceeding is being carried on in the
    Northern District of Illinois, in requiring the attendance and
    testimony of witnesses and the production of evidence. Any such
    court shall issue an order requiring such person to appear before
    the Board or its specified employee or representative at the place
    specified in the subpena of the Board, whether within or without
    the judicial district of the court, there to produce evidence, if
    so ordered, or there to give testimony concerning the matter under
    investigation or in question; and any failure to obey such order of
    the court may be punished by said court as a contempt thereof. All
    orders, writs, and processes in any such proceeding may be served
    in the judicial district of the district court issuing such order,
    writ, or process, except that the orders, writs, and processes of
    the United States District Court for the District of Columbia or of
    the United States District Court for the Northern District of
    Illinois in such proceedings may run and be served anywhere in the
    United States.
    (c) Repealed. Pub. L. 91-452, title II, Sec. 239, Oct. 15, 1970, 84
      Stat. 930
    (d) Information as confidential
      Information obtained by the Board in connection with the
    administration of this chapter shall not be revealed or open to
    inspection nor be published in any manner revealing an employee's
    identity: Provided, however, That (i) the Board may arrange for the
    exchange of any information with governmental agencies engaged in
    functions related to the administration of this chapter; (ii) the
    Board may disclose such information in cases in which the Board
    finds that such disclosure is clearly in furtherance of the
    interest of the employee or his estate; (iii) any claimant of
    benefits under this chapter shall, upon his request, be supplied
    with information from the Board's records pertaining to his claim;
    and (iv) the Board shall disclose to any base-year employer of a
    claimant for benefits any information, including information as to
    the claimant's identity, that is necessary or appropriate to notify
    such employer of the claim for benefits or to full and fair
    participation by such employer in an appeal, hearing, or other
    proceeding relative to the claim pursuant to section 355 of this
    title. Subject to the provisions of this section, the Board may
    furnish such information to any person or organization upon payment
    by such person or organization to the Board of the cost incurred by
    the Board by reason thereof; and the amounts so paid to the Board
    shall be credited to the railroad unemployment insurance
    administration fund established pursuant to section 361(a) of this
    title;
    (e) Certification of claims; authorization of employee to make
      payments; bond
      The Board shall provide for the certification of claims for
    benefits and refunds and may arrange total or partial settlements
    at such times and in such manner as may appear to the Board to be
    expedient. The Board shall designate and authorize one or more of
    its employees to sign vouchers for the payment of benefits and
    refunds under this chapter. Each such employee shall give bond, in
    form and amount fixed by the Board, conditioned upon the faithful
    performance of his duties. The premiums due on such bonds shall be
    paid from the fund and deemed to be a part of the expenses of
    administering this chapter.
    (f) Cooperation with other agencies administering unemployment or
      sickness compensation laws; agreements
      The Board may cooperate with or enter into agreement with the
    appropriate agencies charged with the administration of State,
    Territorial, Federal, or foreign unemployment-compensation or
    sickness laws or employment offices, with respect to
    investigations, the exchange of information and services, the
    establishment, maintenance, and use of free employment service
    facilities, and such other matters as the Board deems expedient in
    connection with the administration of this chapter, and may
    compensate any such agency for services or facilities supplied to
    the Board in connection with the administration of this chapter.
    The Board may enter also into agreements with any such agency,
    pursuant to which any unemployment or sickness benefits provided
    for by this chapter or any other unemployment-compensation or
    sickness law, may be paid through a single agency to persons who
    have, during the period on the basis of which eligibility for and
    duration of benefits is determined under the law administered by
    such agency or under this chapter, or both, performed services
    covered by one or more of such laws, or performed services which
    constitute employment as defined in this chapter: Provided, That
    the Board finds that any such agreement is fair and reasonable as
    to all affected interests.
    (g) Benefits also subject to a State law; mutual reimbursement
      In determining whether an employee has qualified for benefits in
    accordance with section 353 of this title, and in determining the
    amount of benefits to be paid to such employee in accordance with
    section 352(a) and (c) of this title, the Board is authorized to
    consider as employment (and compensation therefor) services for
    hire other than employment (and remuneration therefor) if such
    services for hire are subject to an unemployment or sickness
    compensation law of any State, provided that such State has agreed
    to reimburse the United States such portion of the benefits to be
    paid upon such basis to such employee as the Board deems equitable.
    Any amounts collected pursuant to this paragraph shall be credited
    to the account.
      If a State, in determining whether an employee is eligible for
    unemployment or sickness benefits under an unemployment or sickness
    compensation law of such State, and in determining the amount of
    unemployment or sickness benefits to be paid to such employee
    pursuant to such unemployment or sickness compensation law,
    considers as services for hire (and remuneration therefor) included
    within the provisions of such unemployment or sickness compensation
    law, employment (and compensation therefor), the Board is
    authorized to reimburse such State such portion of such
    unemployment or sickness benefits as the Board deems equitable;
    such reimbursements shall be paid from the account, and are
    included within the meaning of the word "benefits" as used in this
    chapter.
    (h) Assistance from employers and labor organizations; compensation
      The Board may enter into agreements or arrangements with
    employers, organizations of employers, and railway-labor
    organizations which are duly organized in accordance with the
    provisions of the Railway Labor Act [45 U.S.C. 151 et seq.], for
    securing the performance of services or the use of facilities in
    connection with the administration of this chapter, and may
    compensate any such employer or organization therefor upon such
    reasonable basis as the Board shall prescribe, but not to exceed
    the additional expense incurred by such employer or organization by
    reason of the performance of such services or making available the
    use of such facilities pursuant to such agreements or arrangements.
    Such employers and organizations, and persons employed by either of
    them, shall not be subject to section 209 of title 18.
    (i) Free employment offices; registration of unemployed; statements
      of sickness; reemployment
      The Board may establish, maintain, and operate free employment
    offices, and may designate as free employment offices facilities
    maintained by (i) a railway labor organization which is duly
    authorized and designated to represent employees in accordance with
    the Railway Labor Act [45 U.S.C. 151 et seq.], or (ii) any other
    labor organization which has been or may be organized in accordance
    with the provisions of the Railway Labor Act, or (iii) one or more
    employers, or (iv) an organization of employers, or (v) a group of
    such employers and labor organizations, or (vi) a State,
    Territorial, foreign, or the Federal Government. The Board may also
    enter into agreements or arrangements with one or more employers or
    railway labor organizations organized in accordance with the
    provisions of the Railway Labor Act, pursuant to which notice of
    the availability of work and the rights of employees with respect
    to such work under agreements between such employers and railway
    labor organizations may be filed with employment offices and
    pursuant to which employees registered with employment offices may
    be referred to such work.
      The Board shall prescribe a procedure for registration of
    unemployed employees at employment offices. Such procedure for
    registration shall be prescribed with a view to such registration
    affording substantial evidence of the days of unemployment of the
    employees who register. The Board may, when such registration is
    made personally by an employee, accept such registration as initial
    proof of unemployment sufficient to certify for payment a claim for
    benefits.
      The Board shall provide a form or forms for statements of
    sickness and a procedure for the execution and filing thereof. Such
    forms and procedure shall be designated with a view to having such
    statements provide substantial evidence of the days of sickness of
    the employee. Such statements may be executed by any doctor
    (authorized to practice in the State or foreign jurisdiction in
    which he practices his profession) or any officer or supervisory
    employee of a hospital, clinic, group health association, or other
    similar organization, who is qualified under such regulations as
    the Board may prescribe to execute such statements. The Board shall
    issue regulations for the qualification of such persons to execute
    such statements. When so executed by any such person, or, in the
    discretion of the Board, by others designated by the Board
    individually or by groups, they may be accepted as initial proof of
    days of sickness sufficient to certify for payment a claim for
    benefits.
      The regulations of the Board concerning registration at
    employment offices by unemployed persons may provide for group
    registration and reporting, through employers, and need not be
    uniform with respect to different classes of employees.
      The operation of any employment facility operated by the Board
    shall be directed primarily toward the reemployment of employees
    who have theretofore been substantially employed by employers.
    (j) Advisory councils; members' remuneration
      The Board may appoint national or local advisory councils
    composed of equal numbers of representatives of employers,
    representatives of employees, and persons representing the general
    public, for the purpose of discussing problems in connection with
    the administration of this chapter and aiding the Board in
    formulating policies. The members of such councils shall serve
    without remuneration, but shall be reimbursed for any necessary
    traveling and subsistence expenses or on a per diem basis in lieu
    of subsistence expenses.
    (k) Reduction of unemployment; training and reemployment of
      unemployed employees, etc.
      The Board, with the advice and aid of any advisory council
    appointed by it, shall take appropriate steps to reduce and prevent
    unemployment and loss of earnings; to encourage and assist in the
    adoption of practical methods of vocational training, retraining,
    and vocational guidance; to promote the reemployment of unemployed
    employees; and to these ends to carry on and publish the results of
    investigations and research studies.
    (l) Necessary and incidental powers; employees of Board,
      employment, remuneration, civil-service laws, registration of
      unemployed, and detail
      In addition to the powers and duties expressly provided, the
    Board shall have and exercise all the powers and duties necessary
    to administer or incidental to administering this chapter, and in
    connection therewith shall have such of the powers, duties, and
    remedies provided in subdivisions (5), (6), and (9) of section 7(b)
    of the Railroad Retirement Act of 1974 [45 U.S.C. 231f(b)] with
    respect to the administration of the Railroad Retirement Act of
    1974 [45 U.S.C. 231 et seq.], as are not inconsistent with the
    express provisions of this chapter. A person in the employ of the
    Board under section 205 of the Act of Congress approved June 24,
    1937 (50 Stat. 307), shall acquire a competitive classified civil-
    service status if, after recommendation by the Board to the
    Director of the Office of Personnel Management, he shall pass such
    noncompetitive tests of fitness as the Director of the Office of
    Personnel Management may prescribe. A person in the employ of the
    Board on June 30, 1939, and on June 30, 1940, and who has had
    experience in railroad service, shall acquire a competitive
    classified civil-service status if, after recommendation by the
    Board to the Director of the Office of Personnel Management, he
    shall pass such noncompetitive tests of fitness for the position
    for which the Board recommends him as the Director of the Office of
    Personnel Management may prescribe.
      The Board may employ such persons and provide for their
    remuneration and expenses, as may be necessary for the proper
    administration of this chapter. Such persons shall be employed and
    their remuneration prescribed in accordance with the civil-service
    laws and chapter 51 and subchapter III of chapter 53 of title 5:
    Provided, That all positions to which such persons are appointed,
    except one administrative assistant to each member of the Board,
    shall be in and under the competitive civil service and shall not
    be removed or excepted therefrom: Provided, That in the employment
    of such persons the Board shall give preference, as between
    applicants attaining the same grades, to persons who have had
    experience in railroad service, and notwithstanding any other
    provisions of law, rules, or regulations, no other preference shall
    be given or recognized: And provided further, That certification by
    the Director of the Office of Personnel Management of persons for
    appointment to any positions at minimum salaries of $4,600 per
    annum, or less, shall, if the Board so requests, be upon the basis
    of competitive examinations, written, oral, or both, as the Board
    may request: And provided further, That, for the purpose of
    registering unemployed employees who reside in areas in which no
    employer facilities are located, or in which no employer will make
    facilities available for the registration of such employees, the
    Board may, without regard to civil-service laws and chapter 51 and
    subchapter III of chapter 53 of title 5, appoint persons to accept,
    in such areas, registration of such employees and perform services
    incidental thereto and may compensate such persons on a piece-rate
    basis to be determined by the Board. Notwithstanding any other
    provision of law, the Board may detail employees from stations
    outside the District of Columbia to other stations outside the
    District of Columbia or to service in the District of Columbia, and
    may detail employees in the District of Columbia to service outside
    the District of Columbia: Provided, That all details hereunder
    shall be made by specific order and in no case for a period of time
    exceeding one hundred and twenty days. Details so made may, on
    expiration, be renewed from time to time by order of the Board, in
    each particular case, for periods not exceeding one hundred and
    twenty days.
    (m) Delegation of powers
      The Board is authorized to delegate to any member, officer, or
    employee of the Board any of the powers conferred upon the Board by
    this chapter, excluding only the power to prescribe rules and
    regulations.
    (n) Sickness benefits; examinations; information and reports;
      contracts and expenses for examinations
      Any employee claiming, entitled to, or receiving sickness
    benefits under this chapter may be required to take such
    examination, physical, medical, mental, or otherwise, in such
    manner and at such times and by such qualified individuals,
    including medical officers or employees of the United States or a
    State, as the Board may prescribe. The place or places of
    examination shall be reasonably convenient for the employee. No
    sickness benefits shall be payable under this chapter with respect
    to any period during which the employee unreasonably refuses to
    take or willfully obstructs an examination as prescribed by the
    Board.
      Any doctor who renders any attendance, treatment, attention, or
    care, or performs any examination with respect to a sickness of an
    employee, upon which a claim or right to benefits under this
    chapter is based, shall furnish the Board, in such manner and form
    and at such times as the Board by regulations may prescribe,
    information and reports relative thereto and to the condition of
    the employee. An application for sickness benefits under this
    chapter shall contain a waiver of any doctor-patient privilege that
    the employee may have with respect to any sickness period upon
    which such application is based: Provided, That such information
    shall not be disclosed by the Board except in a proceeding relating
    to any claim for benefits by the employee under this chapter.
      The Board may enter into agreements or arrangements with doctors,
    hospitals, clinics, or other persons for securing the examination,
    physical, medical, mental, or otherwise, of employees claiming,
    entitled to, or receiving sickness benefits under this chapter and
    the performance of services or the use of facilities in connection
    with the execution of statements of sickness. The Board may
    compensate any such doctors, hospitals, clinics, or other persons
    upon such reasonable basis as the Board shall prescribe. Such
    doctors, hospitals, clinics, or other persons and persons employed
    by any of them shall not be subject to section 209 of title 18. In
    the event that the Board pays for the physical or mental
    examination of an employee or for the execution of a statement of
    sickness and such employee's claim for benefits is based upon such
    examination or statement, the Board shall deduct from any sickness
    benefits payable to the employee pursuant to such claim such amount
    as, in the judgment of the Board, is a fair and reasonable charge
    for such examination or execution of such statement.
    (o) Liability of third party for sickness; reimbursement of Board
      Benefits payable to an employee with respect to days of sickness
    shall be payable regardless of the liability of any person to pay
    damages for such infirmity. The Board shall be entitled to
    reimbursement from any sum or damages paid or payable to such
    employee or other person through suit, compromise, settlement,
    judgment, or otherwise on account of any liability (other than a
    liability under a health, sickness, accident, or similar insurance
    policy) based upon such infirmity, to the extent that it will have
    paid or will pay benefits for days of sickness resulting from such
    infirmity. Upon notice to the person against whom such right or
    claim exists or is asserted, the Board shall have a lien upon such
    right or claim, any judgment obtained thereunder, and any sum or
    damages paid under such right or claim, to the extent of the amount
    to which the Board is entitled by way of reimbursement.
    (p) Disqualification to execute statements of sickness or receive
      fees
      The Board may, after hearing, disqualify any person from
    executing statements of sickness who, the Board finds, (i) will
    have solicited, or will have employed another to solicit, for
    himself or for another the execution of any such statement, or (ii)
    will have made false or misleading statements to the Board, to any
    employer, or to any employee, in connection with the awarding of
    any benefits under this chapter, or (iii) will have failed to
    submit medical reports and records required by the Board under this
    chapter, or will have failed to submit any other reports, records,
    or information required by the Board in connection with the
    administration of this chapter or any other Act heretofore or
    hereafter administered by the Board, or (iv) will have engaged in
    any malpractice or other professional misconduct. No fees or
    charges of any kind shall accrue to any such person from the Board
    after his disqualification.
    (q) Investigations and research with respect to accidents and
      disabilities
      The Board shall engage in and conduct research projects,
    investigations, and studies with respect to the cause, care, and
    prevention of, and benefits for, accidents and disabilities and
    other subjects deemed by the Board to be related thereto, and shall
    recommend legislation deemed advisable in the light of such
    research projects, investigations, and studies.
    (r) Duty of Board to make certain computations
      (1) Compensation base
        On or before December 1, 1988, and on or before December 1 of
      each year thereafter, the Board shall compute - 
          (A) in accordance with section 351(i) of this title, the
        monthly compensation base which shall be applicable with
        respect to months in the next succeeding calendar year; and
          (B) the amounts described in section 351(k) of this title,
        section 352(c) of this title, section 353 of this title, and
        section 354(a-2)(i)(A) of this title that are related to
        changes in the monthly compensation base.
      (2) Maximum daily benefit rate
        On or before June 1, 1989, and on or before June 1 of each year
      thereafter, the Board shall compute in accordance with section
      352(a)(3) of this title the maximum daily benefit rate which
      shall be applicable with respect to days of unemployment and days
      of sickness in registration periods beginning after June 30 of
      that year.
      (3) Notice in Federal Register and to employers
        Not later than 10 days after each computation made under this
      subsection, the Board shall publish notice in the Federal
      Register and shall notify each employer and employee
      representative of the amount so computed.

-SOURCE-
    (June 25, 1938, ch. 680, Sec. 12, 52 Stat. 1107; June 20, 1939, ch.
    227, Sec. 16, 53 Stat. 848; Oct. 10, 1940, ch. 842, Secs. 23, 24,
    54 Stat. 1099; July 31, 1946, ch. 709, Secs. 319-323, 60 Stat. 739,
    740; June 25, 1948, ch. 646, Secs. 1, 32(b), 62 Stat. 878, 895,
    991; May 24, 1949, ch. 139, Sec. 127, 63 Stat. 107; Oct. 28, 1949,
    ch. 782, title II, Sec. 202(29), title XI, Sec. 1106(a), 63 Stat.
    956, 972; Aug. 12, 1955, ch. 869, Sec. 6, 69 Stat. 716; Pub. L. 85-
    927, pt. II, Sec. 206, Sept. 6, 1958, 72 Stat. 1783; Pub. L. 86-
    507, Sec. 1(37), June 11, 1960, 74 Stat. 202; Pub. L. 89-700,
    title II, Sec. 206, Oct. 30, 1966, 80 Stat. 1087; Pub. L. 90-257,
    title II, Sec. 206, Feb. 15, 1968, 82 Stat. 25; Pub. L. 91-452,
    title II, Sec. 239, Oct. 15, 1970, 84 Stat. 930; Pub. L. 93-445,
    title IV, Sec. 405, Oct. 16, 1974, 88 Stat. 1359; 1978 Reorg. Plan
    No. 2, Sec. 102, eff. Jan. 1, 1979, 43 F.R. 36037, 92 Stat. 3783;
    Pub. L. 100-647, title VII, Secs. 7101(e), 7104(d), (e), Nov. 10,
    1988, 102 Stat. 3758, 3772.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Railway Labor Act, referred to in subsecs. (h) and (i), is
    act May 20, 1926, ch. 347, 44 Stat. 577, as amended, which is
    classified principally to chapter 8 (Sec. 151 et seq.) of this
    title. For complete classification of this Act to the Code, see
    section 151 of this title and Tables.
      The Railroad Retirement Act of 1974, referred to in subsec. (l),
    is act Aug. 29, 1935, ch. 812, as amended generally by Pub. L. 93-
    445, title I, Sec. 101, Oct. 16, 1974, 88 Stat. 1305, which is
    classified generally to subchapter IV (Sec. 231 et seq.) of chapter
    9 of this title. For further details and complete classification of
    this Act to the Code, see Codification note set out preceding
    section 231 of this title, section 231t of this title, and Tables.
      Section 205 of the Act of Congress approved June 24, 1937 (50
    Stat. 307), referred to in subsec. (l), is section 205 of act June
    24, 1937, ch. 382, 50 Stat. 307, which is not classified to the
    Code.
      The civil-service laws, referred to in subsec. (l), are set forth
    in Title 5, Government Organization and Employees. See,
    particularly, section 3301 et seq. of Title 5.

-COD-
                               CODIFICATION                           
      In subsecs. (h) and (n), "section 209 of title 18" substituted
    for reference to the Act of March 3, 1917, 39 Stat. 1106 (5 U.S.C.
    66) on authority of (1) act June 25, 1948, ch. 645, 62 Stat. 683,
    section 1 of which enacted Title 18, Crimes and Criminal Procedure,
    and which enacted in section 1914 of Title 18 the provisions
    formerly classified to section 66 of former Title 5; and (2)
    section 2 of Pub. L. 87-849, Oct. 23, 1962, 76 Stat. 1126, which
    repealed section 1914 of Title 18 and supplanted it with section
    209, and which provided that exemptions from section 1914 shall be
    deemed exemptions from section 209. For further details, see
    Exemptions note set out under section 203 of Title 18.
      In subsec. (l), "chapter 51 and subchapter III of chapter 53 of
    title 5" substituted for "the Classification Act of 1949, as
    amended" on authority of Pub. L. 89-554, Sec. 7(b), Sept. 6, 1966,
    80 Stat. 631, the first section of which enacted Title 5,
    Government Organization and Employees.
      In penultimate sentence of subsec. (l), following the first word
    "Notwithstanding", the words "the provisions of the Act of June 22,
    1906 (34 Stat. 449), or" have been omitted as obsolete. The
    provisions were enacted as section 3342 of Title 5, Government
    Organization and Employees, by Pub. L. 89-554, Sept. 6, 1966, 80
    Stat. 425. Section 3342 of Title 5 was repealed by Pub. L. 89-762,
    Sec. 1(a), Nov. 5, 1966, 80 Stat. 1312.


-MISC1-
                                AMENDMENTS                            
      1988 - Subsec. (d). Pub. L. 100-647, Sec. 7104(d), added cl.
    (iv).
      Subsec. (n). Pub. L. 100-647, Sec. 7104(e), struck out "court"
    before "proceeding" in proviso of second par.
      Subsec. (r). Pub. L. 100-647, Sec. 7101(e), added subsec. (r).
      1974 - Subsec. (l). Pub. L. 93-445 substituted "subdivisions (5),
    (6), and (9) of section 7(b) of the Railroad Retirement Act of
    1974" for "section 10(b)(4) of the Railroad Retirement Act of
    1937".
      1970 - Subsec. (c). Pub. L. 91-452 struck out subsec. (c) which
    related to immunity from prosecution of any person compelled to
    testify or produce evidence, documentary or otherwise, after
    claiming his privilege against self-incrimination.
      1968 - Subsec. (f). Pub. L. 90-257, Sec. 206(a), struck out
    references to maternity benefits and laws and made changes in
    punctuation and grammar necessitated thereby.
      Subsec. (g). Pub. L. 90-257, Sec. 206(b), struck out references
    to maternity benefits and maternity compensation laws and made
    changes in punctuation and grammar necessitated thereby.
      Subsec. (i). Pub. L. 90-257, Sec. 206(c), struck out provisions
    making reference to maternity sickness and to expected and actual
    date of birth of the child required to be included in report of
    maternity sickness.
      Subsec. (n). Pub. L. 90-257, Sec. 206(d), struck out references
    to maternity benefits and to services of a doctor as to expected
    date of birth of a female employee's child, or the birth of such a
    child.
      1966 - Subsec. (d). Pub. L. 89-700 authorized Board to furnish
    such information to any person or organization upon payment of the
    cost incurred by reason thereof, and requiring amounts so paid to
    Board to be credited to railroad unemployment insurance
    administration fund.
      Subsec. (g). Pub. L. 89-700 substituted "section 353 of this
    title" for "section 353(a) of this title".
      1960 - Subsec. (a). Pub. L. 86-507 inserted "or by certified
    mail" after "registered mail".
      1958 - Subsec. (l). Pub. L. 85-927 struck out "except that the
    Board may fix the salary of a director of unemployment insurance at
    $10,000 per annum" before first proviso in second paragraph, and
    substituted "Classification Act of 1949" for "Classification Act of
    1923", immediately preceding such first proviso, which substitution
    had already been executed in accordance with act Oct. 28, 1949.
      1955 - Subsec. (l). Act Aug. 12, 1955, specifically provided for
    employees of Railroad Retirement Board to be in and under
    competitive civil service.
      1949 - Subsec. (l). Act Oct. 28, 1949, substituted
    "Classification Act of 1949" for "Classification Act of 1923" in
    two places.
      1946 - Subsec. (b). Act July 31, 1946, Sec. 319, inserted
    provisions relating to the District Court of the United States for
    the Northern District of Illinois.
      Subsec. (f). Act July 31, 1946, Sec. 320, inserted references to
    sickness or maternity laws and benefits.
      Subsec. (g). Act July 31, 1946, Sec. 321, inserted references to
    sickness or maternity laws and benefits and struck out phrase
    limiting second paragraph to eligibility with respect to
    unemployment after June 30, 1939.
      Subsec. (i). Act July 31, 1946, Sec. 322, added third par.,
    providing for form, execution and filing of statements of sickness.
      Subsecs. (n) to (q). Act July 31, 1946, Sec. 323, added subsecs.
    (n) to (q).
      1940 - Subsec. (l). Act Oct. 10, 1940, Sec. 22, inserted
    provisions relating to acquisition of competitive classified civil-
    service status by a person in the employ of Board on June 30,
    1939, and June 30, 1940.
      Act Oct. 10, 1940, Sec. 23, inserted provisos relating to
    personnel for registering unemployed employees.
      1939 - Subsec. (g). Act June 20, 1939, inserted ", with respect
    to unemployment after June 30, 1939" after "employee is eligible"
    and struck out "June 30, 1939" after "therefor) after".

-CHANGE-
                              CHANGE OF NAME                          
      Subsec. (b) of this section was amended by act June 25, 1948,
    Sec. 32(b), eff. Sept. 1, 1948, as amended by act May 24, 1949,
    which substituted "United States District Court for the District of
    Columbia" for "District Court of the United States for the District
    of Columbia".
      "United States District Court for the Northern District of
    Illinois" substituted for "District Court of the United States for
    the Northern District of Illinois" in view of act June 25, 1948,
    which states that "There shall be in each judicial district a
    district court which shall be a court of record known as the United
    States District Court for the district", and that "Illinois is
    divided into three judicial districts to be known as the Northern,
    Southern, and Eastern Districts of Illinois." See sections 88 and
    132 of Title 28, Judiciary and Judicial Procedure.


-MISC2-
                     EFFECTIVE DATE OF 1988 AMENDMENT                 
      Amendment by section 7104(d), (e) of Pub. L. 100-647, effective
    Jan. 1, 1990, see section 7104(f) of Pub. L. 100-647, set out as a
    note under section 355 of this title.

                     EFFECTIVE DATE OF 1974 AMENDMENT                 
      Amendment by Pub. L. 93-445 effective Jan. 1, 1975, see section
    603 of Pub. L. 93-445, set out as a note under section 402 of Title
    42, The Public Health and Welfare.

                     EFFECTIVE DATE OF 1970 AMENDMENT                 
      Amendment by Pub. L. 91-452 effective on sixtieth day following
    Oct. 15, 1970, and not to affect any immunity to which any
    individual is entitled under this section by reason of any
    testimony given before sixtieth day following Oct. 15, 1970, see
    section 260 of Pub. L. 91-452, set out as an Effective Date;
    Savings Provisions note under section 6001 of Title 18, Crimes and
    Criminal Procedure.

                     EFFECTIVE DATE OF 1968 AMENDMENT                 
      Amendment by Pub. L. 90-257 effective July 1, 1968, see section
    208 of Pub. L. 90-257, set out as a note under section 352 of this
    title.

                     EFFECTIVE DATE OF 1958 AMENDMENT                 
      Amendment by Pub. L. 85-927 effective Sept. 6, 1958, except as
    otherwise indicated, see section 207(c) of Pub. L. 85-927, set out
    as a note under section 351 of this title.

                     EFFECTIVE DATE OF 1946 AMENDMENT                 
      Amendment by act July 31, 1946, effective July 31, 1946, see
    section 401 of act July 31, 1946.

                     EFFECTIVE DATE OF 1940 AMENDMENT                 
      For effective date of amendment by act Oct. 10, 1940, see section
    1 of act Oct. 10, 1940, set out as a note under section 351 of this
    title.

                                  REPEALS                              
      Act Oct. 28, 1949, ch. 782, cited as a credit to this section,
    was repealed (subject to a savings clause) by Pub. L. 89-554, Sept.
    6, 1966, Sec. 8, 80 Stat. 632, 655.


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      "Director of the Office of Personnel Management" substituted for
    "Civil Service Commission" in subsec. (l), pursuant to Reorg. Plan
    No. 2 of 1978, Sec. 102, 43 F.R. 36037, 92 Stat. 3783, set out
    under section 1101 of Title 5, Government Organization and
    Employees, which transferred functions vested by statute in United
    States Civil Service Commission to Director of Office of Personnel
    Management (except as otherwise specified), effective Jan. 1, 1979,
    as provided by section 1-102 of Ex. Ord. No. 12107, Dec. 28, 1978,
    44 F.R. 1055, set out under section 1101 of Title 5.


-MISC3-
                     TERMINATION OF ADVISORY COUNCILS                 
      Advisory councils in existence on Jan. 5, 1973, to terminate not
    later than the expiration of the 2-year period following Jan. 5,
    1973, unless, in the case of a council established by the President
    or an officer of the Federal Government, such council is renewed by
    appropriate action prior to the expiration of such 2-year period,
    or in the case of a council established by the Congress, its
    duration is otherwise provided by law. Advisory councils
    established after Jan. 5, 1973, to terminate not later than the
    expiration of the 2-year period beginning on the date of their
    establishment, unless, in the case of a council established by the
    President or an officer of the Federal Government, such council is
    renewed by appropriate action prior to the expiration of such 2-
    year period, or in the case of a council established by the
    Congress, its duration is otherwise provided by law. See sections
    3(2) and 14 of Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, 776, set
    out in the Appendix to Title 5, Government Organization and
    Employees.


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      Functions of President under subsec. (l) of this section
    delegated to Chairman of the Railroad Retirement Board by
    Memorandum of President of the United States, Feb. 9, 2005, 70 F.R.
    7631, set out as a note under section 231f of this title.


-MISC4-
               RAILROAD UNEMPLOYMENT COMPENSATION COMMITTEE           
      Pub. L. 98-76, title V, Sec. 504, Aug. 12, 1983, 97 Stat. 441,
    provided that:
      "(a) Representatives of railroad labor and railroad management
    shall jointly establish (and jointly appoint the members of) a
    committee to be known as the 'Railroad Unemployment Compensation
    Committee' (hereinafter in this section referred to as the
    'Committee').
      "(b) The Committee shall consist of five members - 
        "(1) two of whom shall be representatives of railroad labor,
        "(2) two of whom shall be representatives of railroad
      management, and
        "(3) one of whom shall be an individual who shall not be in the
      employment of or pecuniarily or otherwise interested in any
      employer (as defined in section 1 of the Railroad Retirement Act
      of 1974 [45 U.S.C. 231]) or any organization of employees (as
      defined in section 1 of such Act).
      "(c) The Committee shall review all aspects of the unemployment
    and sickness insurance systems provided by the Railroad
    Unemployment Insurance Act [this chapter] including (but not
    limited to) a review of - 
        "(1) benefit levels,
        "(2) experience rating,
        "(3) debt repayment and interest on debt,
        "(4) waiting period for unemployment benefits and qualifying
      requirements, and
        "(5) alternatives to the railroad unemployment insurance system
      such as covering railroad employees under the Federal-State
      unemployment compensation system.
      "(d) Not later than April 1, 1984, the Committee shall submit a
    report to the Congress containing recommendations - 
        "(1) with respect to the review conducted under subsection (c),
      and
        "(2) with respect to the repayment of funds which the railroad
      unemployment insurance system has borrowed from the Railroad
      Retirement Account.
    Any recommendation submitted under paragraph (2) shall contain
    adjustments in contributions and benefits which will enable the
    railroad unemployment compensation system to repay all loans from
    the Railroad Retirement Account before December 31, 2000.
      "(e) The Railroad Retirement Board (and any other department,
    agency, or instrumentality of the Federal Government) is authorized
    to cooperate with, and assist, the Committee (at its request) in
    carrying out its duties by furnishing services, information, data,
    or other material which the Committee determines will be helpful in
    carrying out its duties."

-End-



-CITE-
    45 USC Sec. 363                                             01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 11 - RAILROAD UNEMPLOYMENT INSURANCE

-HEAD-
    Sec. 363. Exclusiveness of provisions; transfers from State
      unemployment compensation accounts to railroad unemployment
      insurance account

-STATUTE-
    (a) Omitted
    (b) Effect on State unemployment compensation laws
      By enactment of this chapter the Congress makes exclusive
    provision for the payment of unemployment benefits for unemployment
    occurring after June 30, 1939, and for the payment of sickness
    benefits for sickness periods after June 30, 1947, based upon
    employment (as defined in this chapter). No employee shall have or
    assert any right to unemployment benefits under an unemployment
    compensation law of any State with respect to unemployment
    occurring after June 30, 1939, or to sickness benefits under a
    sickness law of any State with respect to sickness periods
    occurring after June 30, 1947, based upon employment (as defined in
    this chapter). The Congress finds and declares that by virtue of
    the enactment of this chapter, the application of State
    unemployment compensation laws after June 30, 1939 or of State
    sickness laws after June 30, 1947, to such employment, except
    pursuant to section 362(g) of this title, would constitute an undue
    burden upon, and an undue interference with the effective
    regulation of, interstate commerce. In furtherance of such
    determination, after June 30, 1939, the term "person" as used in
    section 1106 of title 42 shall not be construed to include any
    employer (as defined in this chapter) or any person in its employ:
    Provided, That no provision of this chapter shall be construed to
    affect the payment of unemployment benefits with respect to any
    period prior to July 1, 1939, under an unemployment compensation
    law of any State based upon employment performed prior to July 1,
    1939, and prior to such date employment as defined in this chapter
    shall not constitute "Service with respect to which unemployment
    compensation is payable under an [or "service under any"]
    unemployment compensation system [or "plan"] established by an Act
    of Congress" [or "a law of the United States"] or "employment in
    interstate commerce, of an individual who is covered by an
    unemployment compensation system established directly by an Act of
    Congress," or any term of similar import, used in any unemployment
    compensation law of any State.
    (c) Determination of "preliminary amount" for States
      The Social Security Board is directed to determine for each
    State, after agreement with the Railroad Retirement Board, and
    after consultation with such State; the total (hereinafter referred
    to as the "preliminary amount") of (i) the amount remaining as the
    balances of reserve accounts of employers as of June 30, 1939, if
    the unemployment compensation law of such State provides for a type
    of fund known as "Reserve Accounts," plus (ii) if the unemployment
    compensation law of such State provides for a type of fund known as
    "Pooled Fund" or "Pooled Account," that proportion of the balance
    of such fund or account of such State as of June 30, 1939, as the
    amount of taxes or contributions collected from employers and their
    employees prior to July 1, 1939, pursuant to its unemployment
    compensation law and credited to such fund or account bears to all
    such taxes or contributions theretofore collected from all persons
    subject to its unemployment compensation law and credited to such
    fund or account; and the additional amounts (hereinafter referred
    to as the "liquidating amount") of taxes or contributions collected
    from employers and their employees from July 1, 1939 to December
    31, 1939, pursuant to its unemployment compensation law.
    (d) Withholding amounts from certification to States; transfers to
      railroad unemployment compensation account
      The Social Security Board shall withhold from certification to
    the Secretary of the Treasury for payment the amounts determined by
    it pursuant to section 502(a) of title 42 to be necessary for the
    proper administration of each State's unemployment-compensation
    law, until an amount equal to its "preliminary amount" plus
    interest from July 1, 1939, at 2 1/2  per centum per annum on such
    portion thereof as has not been used as the measure for withholding
    certification for payment, has been so withheld from certification
    pursuant to this paragraph: Provided, however, That if a State
    shall, prior to whichever is the later of (i) thirty days after the
    close of the first regular session of its legislature which begins
    after the approval of this chapter, and (ii) July 1, 1939,
    authorize and direct the Secretary of the Treasury to transfer from
    its account in the unemployment trust fund to the railroad
    unemployment insurance account in the unemployment trust fund an
    amount equal to its "preliminary amount", no amount shall be
    withheld from certification for payment to such State pursuant to
    this paragraph.
      The Social Security Board shall withhold from certification to
    the Secretary of the Treasury for payment the amounts determined by
    it pursuant to section 502(a) of title 42 to be necessary for the
    proper administration of each State's unemployment compensation
    law, until an amount equal to its "liquidating amount" plus
    interest from January 1, 1940, at 2 1/2  per centum per annum on
    such portion thereof as has not been used as the measure for
    withholding certification for payment has been so withheld from
    certification pursuant to this paragraph: Provided, however, That
    if a State shall, prior to whichever is the later of (i) thirty
    days after the close of the first regular session of its
    legislature which begins after the approval of this chapter, and
    (ii) January 1, 1940, authorize and direct the Secretary of the
    Treasury to transfer from its account in the unemployment trust
    fund to the railroad unemployment insurance account in the
    unemployment trust fund an amount equal to its "liquidating
    amount", no amount shall be withheld from certification for payment
    to such State pursuant to this paragraph.
      The withholdings from certification directed in each of the
    foregoing paragraphs of this subsection shall begin with respect to
    each State when the Social Security Board finds that such State is
    unable to avail itself of the condition set forth in the proviso
    contained in such paragraph: Provided, however, That if the Social
    Security Board finds with respect to any State that such State (1)
    is unable to avail itself of such conditions solely by reason of
    prohibitions contained in the constitution of such State, as
    determined by a decision of the highest court of such State
    declaring invalid in whole or in part the action of the legislature
    of the State purporting to provide for transfers from the State's
    account in the Unemployment Trust Fund to the railroad unemployment
    insurance account, and (2) for similar reasons is unable to use
    amounts withdrawn from its account in the Unemployment Trust Fund
    for the payment of expenses incurred in the administration of its
    State unemployment compensation law, the Social Security Board
    shall not begin to withhold from certification to the Secretary of
    the Treasury for payment to such State the amounts determined by it
    pursuant to section 502 of title 42 and to certify to the Secretary
    of the Treasury for payment into the railroad unemployment
    insurance account the amount so withheld from such State until July
    1, 1944, or until a date one hundred and eighty days after the
    adjournment of the first session of the legislature of such State
    beginning after July 1, 1942, whichever date is the earlier, and
    then only if the Social Security Board finds that such State had
    not prior thereto effectively authorized and directed the Secretary
    of the Treasury to transfer from such State's account in the
    Unemployment Trust Fund to the railroad unemployment insurance
    account amounts equal to such State's "preliminary amount" and
    "liquidating amount" less such parts thereof, if any, as the State
    may have, within the periods set forth in the provisos contained in
    the first two paragraphs of this subsection, effectively authorized
    and directed the Secretary of the Treasury so to transfer, plus
    interest on such difference, if any, with respect to each amount,
    at 2 1/2  per centum per annum from the date the State's
    "preliminary amount" or "liquidating amount", as the case may be,
    is determined by the Social Security Board; and with respect to any
    such State the amount withheld shall equal the State's "preliminary
    amount" and "liquidating amount" less such parts thereof, if any,
    as the State may have, within the periods set forth in the provisos
    contained in the first two paragraphs of this subsection
    effectively authorized and directed the Secretary of the Treasury
    to transfer, plus interest from July 1, 1939, at 2 1/2  per centum
    per annum on so much of the "preliminary amount" and "liquidating
    amount", as the case may be, as has not been so transferred or has
    not been used as the measure for withholding. An enactment of any
    State legislature providing for the transfer (from the State's
    account in the Unemployment Trust Fund to the railroad unemployment
    insurance account) of all interest earned upon contributions which
    are collected with respect to employment occurring after such
    enactment by such State pursuant to its unemployment compensation
    law and credited to its account in the Unemployment Trust Fund
    (until the total of such transfers equals the amounts which
    otherwise would be required to be withheld from certification under
    this subsection), shall be deemed an effective authorization and
    direction to the Secretary of the Treasury as required by this
    subsection; and for purposes of computing the interest to be so
    transferred, amounts withdrawn by such State from its account in
    the Unemployment Trust Fund after the date of such State enactment
    shall be considered to be first charged against the amounts
    credited to such State's account prior to the date of such State
    enactment: Provided, however, That if at any time after such
    enactment the provision for transfer therein contained for any
    reason fails to be operative to effect the transfers of interest as
    therein prescribed, and such State has not otherwise made an
    effective authorization and direction to the Secretary of the
    Treasury as required by this subsection, the Social Security Board
    shall immediately after such failure or, on the date otherwise
    provided in this subsection for the beginning of withholdings from
    certification, whichever is later, begin to make the withholdings
    from certification provided for in this subsection in the same
    manner and to the same extent as if such enactment by such State
    had not been enacted, except that the amounts of the certifications
    withheld shall be reduced by the total amount, if any, which has
    been transferred from interest pursuant to such enactment.
    (e) Transfers and withdrawals, effect upon social security
      provisions
      The transfers described in the provisos contained in the several
    paragraphs of subsection (d) of this section shall not be deemed to
    constitute a breach of the conditions set forth in sections
    503(a)(5) and 1103(a)(4) of title 42; nor shall the withdrawal by a
    State from its account in the unemployment trust fund of amounts,
    but not to exceed the total amount the Social Security Board shall
    have withheld from certification with respect to such State
    pursuant to subsection (d) of this section, be deemed to constitute
    a breach of the conditions set forth in sections 503(a)(5) and
    1103(a)(4) of title 42, provided the moneys so withdrawn are
    expended solely for expenses which the Social Security Board
    determines to be necessary for the proper administration of such
    State's unemployment compensation law.
    (f) Payments to railroad unemployment insurance account; transfers
      from unemployment trust fund of States
      The Social Security Board is authorized and directed to certify
    to the Secretary of the Treasury for payment, and the Secretary
    shall pay, into the railroad unemployment insurance account, such
    amounts as the Social Security Board withholds from certification
    pursuant to subsection (d) of this section and the appropriations
    authorized in section 501 of title 42 shall be available for
    payments authorized by this subsection. The Secretary shall
    transfer from the account of a State in the unemployment trust fund
    to the railroad unemployment insurance account in the unemployment
    trust fund such amounts as the State authorizes and directs him so
    to transfer pursuant to subsection (d) of this section.

-SOURCE-
    (June 25, 1938, ch. 680, Sec. 13(b)-(f), 52 Stat. 1110; June 20,
    1939, ch. 227, Sec. 17, 53 Stat. 848; July 2, 1940, ch. 530, 54
    Stat. 741; June 30, 1942, ch. 463, 56 Stat. 465; July 31, 1946, ch.
    709, Sec. 324, 60 Stat. 741; Pub. L. 90-257, title II, Sec. 207,
    Feb. 15, 1968, 82 Stat. 25.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Sections 1106 and 1103(a)(4) of title 42, referred to in subsecs.
    (b) and (e), respectively, which were in the original references to
    sections 906 and 903(a)(4), respectively, of the Social Security
    Act, as in existence prior to February 10, 1939, were omitted from
    the Code pursuant to section 4 of act Feb. 10, 1939, ch. 2, 53
    Stat. 1, which provided that all laws and parts of laws codified
    into the Internal Revenue Code of 1939, to the extent that they
    related exclusively to internal revenue laws, were repealed. For
    further details, see Prior Provisions note preceding section 1101
    of Title 42, The Public Health and Welfare. For provisions similar
    to sections 1106 and 1103(a)(4), see sections 3305 and 3304,
    respectively, of Title 26, Internal Revenue Code.

-COD-
                               CODIFICATION                           
      Section 13(a) of act June 25, 1938, amended former section 1107
    of Title 42, The Public Health and Welfare. Section 13(g) of act
    June 25, 1938, amended section 503 of Title 42.


-MISC1-
                                AMENDMENTS                            
      1968 - Subsec. (b). Pub. L. 90-257 struck out all references to
    maternity benefits.
      1946 - Subsec. (b). Act July 31, 1946, inserted phrases extending
    provisions of that subsection to State sickness and maternity laws
    and benefits after June 30, 1947.
      1942 - Subsec. (d). Act June 30, 1942, affected provisos in third
    par.
      1940 - Subsec. (d). Act July 2, 1940, affected provisos in third
    par.
      1939 - Subsec. (e). Act June 20, 1939, substituted references to
    unemployment insurance account for references to unemployment
    compensation account wherever appearing.

                     EFFECTIVE DATE OF 1968 AMENDMENT                 
      Amendment by Pub. L. 90-257 effective as of July 1, 1968, see
    section 208 of Pub. L. 90-257, set out as a note under section 352
    of this title.

                     EFFECTIVE DATE OF 1946 AMENDMENT                 
      Amendment by act July 31, 1946, effective July 31, 1946, see
    section 401 of act July 31, 1946.


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Functions of all other officers of Department of Labor and
    functions of all agencies and employees of Department, with
    exception of functions vested by Administrative Procedure Act
    (sections 551 et seq. and 701 et seq. of Title 5, Government
    Organization and Employees) in hearing examiners employed by
    Department, transferred to Secretary of Labor, with power vested in
    him to authorize their performance or performance of any of his
    functions by any officers, agencies, and employees of Department of
    Labor, by Reorg. Plan No. 6 of 1950, Secs. 1, 2, 15 F.R. 3174, 64
    Stat. 1263, set out in the Appendix to Title 5.
      Functions of Federal Security Administrator with respect to
    unemployment compensation transferred to Secretary of Labor by
    Reorg. Plan No. 2 of 1949, Sec. 1, eff. Aug. 19, 1949, 14 F.R.
    5225, 63 Stat. 1065, set out in the Appendix to Title 5. Section 1
    of Reorg. Plan No. 2 of 1949, also provided that functions
    transferred by this section shall be performed by Secretary of
    Labor, or subject to his direction and control, by officers,
    agencies, and employees of Department of Labor as he shall
    designate.
      Social Security Board abolished and its functions and those of
    its chairman transferred to Federal Security Administrator to be
    performed by him or under his direction and control by such
    officers and employees of Federal Security Agency as designated, by
    Reorg. Plan No. 2 of 1946, eff. July 16, 1946, 11 F.R. 7873, 60
    Stat. 1095, set out in the Appendix to Title 5. For transfer of
    personnel, property, records, and funds, see section 12 of the
    Reorganization Plan.


-MISC2-
                 EFFECT OF SOCIAL SECURITY ACT AMENDMENTS             
      Act Aug. 10, 1939, ch. 666, title IX, Sec. 901, 53 Stat. 1399,
    provided as follows: "Except as provided in section 906, no
    provision of this act shall be construed as amending or altering
    the effect of section 13(b), (c), (d), (e), or (f) of the Railroad
    Unemployment Insurance Act [this section]."
      Section 906 of act Aug. 10, 1939, provided as follows: "If the
    Social Security Board finds with respect to any State that the
    first regular session of such State's legislature which began after
    June 25, 1938, and adjourned prior to thirty days after the
    enactment of this act [Aug. 10, 1939] (1) had not made provision to
    authorize and direct the Secretary of the Treasury, prior to thirty
    days after the close of such session or July 1, 1939, whichever
    date is later, to transfer from its account in the Unemployment
    Trust Fund to the railroad unemployment insurance account in the
    Unemployment Trust Fund an amount equal to such State's
    'preliminary amount,' or to authorize and direct the Secretary of
    the Treasury, prior to thirty days after the close of such session
    or January 1, 1940, whichever date is later, to transfer from its
    account in the Unemployment Trust Fund to the railroad unemployment
    insurance account in the Unemployment Trust Fund an amount equal to
    such State's 'liquidating amount,' or both; and (2) had not made
    provision for financing the administration of its unemployment-
    compensation law during the period with respect to which grants
    therefor under section 302 of the Social Security Act [section 502
    of Title 42, The Public Health and Welfare] are required under
    section 13 of the Railroad Unemployment Insurance Act [this
    section] to be withheld by the Social Security Board,
    notwithstanding the provisions of section 13(d) of the Railroad
    Unemployment Insurance Act, the Social Security Board shall not
    begin to withhold from certification to the Secretary of the
    Treasury for payment to such State the amounts determined by it
    pursuant to section 302 of the Social Security Act [section 502 of
    Title 42] and to certify to the Secretary of the Treasury for
    payment into the railroad unemployment-insurance account the amount
    so withheld from such State, as provided in section 13 of the
    Railroad Unemployment Insurance Act [this section], until after the
    thirtieth day after the close of such State's first regular or
    special session of its legislature which begins after the date of
    enactment of this act and after the Social Security Board finds
    that such State had not, by the thirtieth day after the close of
    such legislative session, authorized and directed the Secretary of
    the Treasury to transfer from such State's account in the
    Unemployment Trust Fund to the railroad unemployment insurance
    account in the Unemployment Trust Fund such State's 'preliminary
    amount' plus interest thereon at 2 1/2  per centum per annum from
    the date the amount thereof is determined by the Social Security
    Board, and such State's 'liquidating amount' plus interest thereon
    at 2 1/2  per centum per annum from the date the amount thereof is
    determined by the Social Security Board. Notwithstanding the
    provisions of section 13(e) of the Railroad Unemployment Insurance
    Act [this section], any withdrawal by such State from its account
    in the Unemployment Trust Fund for purposes other than the payment
    of compensation of the whole or any part of amounts so withheld
    from certification with respect to such State pursuant to this act
    shall be deemed to constitute a breach of the conditions set forth
    in sections 303(a)(5) of the Social Security Act [section 503 of
    Title 42] and 1603(a)(4) of the Internal Revenue Code [section 1603
    of former Title 26, Internal Revenue Code of 1939]. The terms
    'preliminary amount' and 'liquidating amount', as used herein,
    shall have the meanings defined in section 13 of the Railroad
    Unemployment Insurance Act [this section]."

                                 KENTUCKY                             
      Act Oct. 26, 1945, ch. 434, 59 Stat. 550, as amended by Reorg.
    Plan No. 2 of 1946, Sec. 4, eff. July 16, 1946, 11 F.R. 7873, 60
    Stat. 1095, provided that $1,260,000 should constitute the total
    amount withheld by the Federal Security Administrator under subsec.
    (d) of this section for payment for the administration of
    Kentucky's Unemployment Compensation Law, KRS 341.010-341.990.

-End-



-CITE-
    45 USC Sec. 363a                                            01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 11 - RAILROAD UNEMPLOYMENT INSURANCE

-HEAD-
    Sec. 363a. Refunds of State unemployment contributions by
      employees; amount; application period; definitions

-STATUTE-
      (a) Notwithstanding any other provision of law, in any case where
    an employee amount (as hereinafter defined) was paid from a State
    unemployment fund to the Unemployment Trust Fund, an aggregate
    amount equal thereto shall be paid from the Unemployment Trust
    Fund, as refunds, to employees who paid into the State fund the
    contributions upon which such payment into the Unemployment Trust
    Fund was based, except that in case any such employee is deceased,
    payment shall be made to his estate; and the payment so made in the
    case of any employee shall be in proportion to the contributions
    paid by such employee into the State fund: Provided, That payment
    in any such case shall be made only if application therefor is made
    to the Railroad Retirement Board within two years after August 2,
    1946.
      (b) As used in this section - 
        (1) The term "employee amount" means any amount paid from a
      State unemployment fund to the Unemployment Trust Fund which
      would not have been required to be paid, under the provisions of
      section 363(c) of this title, if said section had not required
      payment of amounts based on contributions collected from
      employees.
        (2) The term "Unemployment Trust Fund" means the fund
      established by section 1104 of title 42.
        (3) The term "employees" has the same meaning as in the
      Railroad Unemployment Insurance Act [45 U.S.C. 351 et seq.].

-SOURCE-
    (Aug. 2, 1946, ch. 743, 60 Stat. 806; Aug. 6, 1947, ch. 509, 61
    Stat. 793.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Railroad Unemployment Insurance Act, referred to in subsec.
    (b)(3), is act June 25, 1938, ch. 680, 52 Stat. 1094, as amended,
    which is classified principally to this chapter. For complete
    classification of this Act to the Code, see section 367 of this
    title and Tables.

-COD-
                               CODIFICATION                           
      Section was not enacted as a part of the Railroad Unemployment
    Insurance Act which comprises this chapter.


-MISC1-
                                AMENDMENTS                            
      1947 - Subsec. (a). Act Aug. 6, 1947, extended time for
    application for refund from twelve months to two years after Aug.
    2, 1946.

-End-



-CITE-
    45 USC Sec. 364                                             01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 11 - RAILROAD UNEMPLOYMENT INSURANCE

-HEAD-
    Sec. 364. District of Columbia account, transfer of funds to
      railroad unemployment insurance account

-STATUTE-
      The Secretary of the Treasury is authorized and directed to
    transfer from the account of the District of Columbia in the
    unemployment trust fund to the railroad unemployment insurance
    account in the unemployment trust fund, an amount equal to the
    "preliminary amount" and an amount equal to the "liquidating
    amount", whenever such amounts, respectively, have been determined,
    with respect to the District of Columbia, pursuant to section 363
    of this title.

-SOURCE-
    (June 25, 1938, ch. 680, Sec. 14(b), 52 Stat. 1113.)

-End-



-CITE-
    45 USC Sec. 365                                             01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 11 - RAILROAD UNEMPLOYMENT INSURANCE

-HEAD-
    Sec. 365. Omitted

-COD-
                               CODIFICATION                           
      Section, acts June 25, 1938, ch. 680, Sec. 15, 52 Stat. 1113;
    June 20, 1939, ch. 227, Sec. 19, 53 Stat. 844, related to
    transitional provisions occurring before July 1, 1939.

-End-



-CITE-
    45 USC Sec. 366                                             01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 11 - RAILROAD UNEMPLOYMENT INSURANCE

-HEAD-
    Sec. 366. Separability

-STATUTE-
      If any provision of this chapter or the application there of to
    any person or circumstance is held invalid, the application of such
    provision to other persons or circumstances, and the remainder of
    this chapter shall not be affected thereby.

-SOURCE-
    (June 25, 1938, ch. 680, Sec. 16, 52 Stat. 1113.)

-End-



-CITE-
    45 USC Sec. 366a                                            01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 11 - RAILROAD UNEMPLOYMENT INSURANCE

-HEAD-
    Sec. 366a. Effect of Internal Revenue Code

-STATUTE-
      The provisions of the Railroad Unemployment Insurance Act, as
    herein amended, shall be in full force and effect notwithstanding
    the enactment of the Internal Revenue Code.

-SOURCE-
    (June 20, 1939, ch. 227, Sec. 22, 53 Stat. 848.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Railroad Unemployment Insurance Act, referred to in text, is
    act June 25, 1938, ch. 680, 52 Stat. 1094, as amended, which is
    classified principally to this chapter. For complete classification
    of this Act to the Code, see section 367 of this title and Tables.
      The Internal Revenue Code, referred to in text, probably means
    the Internal Revenue Code of 1939, which was classified to former
    Title 26, Internal Revenue Code, and was generally repealed by
    section 7851 of the Internal Revenue Code of 1986, Title 26.

-COD-
                               CODIFICATION                           
      Section was not enacted as a part of the Railroad Unemployment
    Insurance Act which comprises this chapter.

-End-



-CITE-
    45 USC Sec. 367                                             01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 11 - RAILROAD UNEMPLOYMENT INSURANCE

-HEAD-
    Sec. 367. Short title

-STATUTE-
      This chapter may be cited as the "Railroad Unemployment Insurance
    Act".

-SOURCE-
    (June 25, 1938, ch. 680, Sec. 17, 52 Stat. 1113.)

-COD-
                               CODIFICATION                           
      Another section 17 of Act June 25, 1938, was classified to
    section 368 of this title prior to repeal by Pub. L. 104-251, Sec.
    5(c), Oct. 9, 1996, 110 Stat. 3165.


-MISC1-
                       SHORT TITLE OF 1996 AMENDMENT                   
      Pub. L. 104-251, Sec. 1, Oct. 9, 1996, 110 Stat. 3161, provided
    that: "This Act [amending section 352 of this title, repealing
    section 368 of this title, and enacting provisions set out as a
    note under section 352 of this title] may be cited as the 'Railroad
    Unemployment Insurance Amendments Act of 1996'."

                       SHORT TITLE OF 1988 AMENDMENT                   
      Pub. L. 100-647, title VII, Sec. 7001, Nov. 10, 1988, 102 Stat.
    3757, provided that: "This title [enacting section 369 of this
    title, amending sections 231, 231a, 231e, 351 to 355, 358, 360,
    361, and 362 of this title and sections 3321, 3322, 6157, 6201,
    6317, 6513, and 6601 of Title 26, Internal Revenue Code, omitting
    section 3323 of Title 26, enacting provisions set out as notes
    under sections 231, 231a, 351 to 353, 355, and 358 of this title
    and section 3321 of Title 26, and amending provisions set out as
    notes under section 231n of this title] may be cited as the
    'Railroad Unemployment Insurance and Retirement Improvement Act of
    1988'."

-End-



-CITE-
    45 USC Sec. 368                                             01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 11 - RAILROAD UNEMPLOYMENT INSURANCE

-HEAD-
    Sec. 368. Repealed. Pub. L. 104-251, Sec. 5(c), Oct. 9, 1996, 110
      Stat. 3165

-MISC1-
      Section, act June 25, 1938, ch. 680, Sec. 17, as added Mar. 24,
    1983, Pub. L. 98-8, title I, Sec. 102(a), 97 Stat. 32; amended Nov.
    30, 1983, Pub. L. 98-181, title II, Sec. 2005(a), 97 Stat. 1298,
    related to payment of supplemental employment benefits.
      Another section 17 of act June 25, 1938, is classified to section
    367 of this title.

-End-



-CITE-
    45 USC Sec. 369                                             01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 11 - RAILROAD UNEMPLOYMENT INSURANCE

-HEAD-
    Sec. 369. Annual report

-STATUTE-
      On or before July 1 of 1989, and of each calendar year
    thereafter, the Railroad Retirement Board shall submit to the
    Congress a report on the financial status of the railroad
    unemployment insurance system under various economic and employment
    assumptions. Such report shall include any recommendation for
    financing changes which might be advisable, including any
    adjustment the Railroad Retirement Board recommends regarding the
    rates of employer contributions.

-SOURCE-
    (Pub. L. 100-647, title VII, Sec. 7105, Nov. 10, 1988, 102 Stat.
    3772.)

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Railroad Unemployment
    Insurance and Retirement Improvement Act of 1988 and also as part
    of the Technical and Miscellaneous Revenue Act of 1988, and not as
    part of the Railroad Unemployment Insurance Act which comprises
    this chapter.

-End-


-CITE-
    45 USC CHAPTER 12 - TEMPORARY RAILROAD UNEMPLOYMENT
           INSURANCE PROGRAM                               01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 12 - TEMPORARY RAILROAD UNEMPLOYMENT INSURANCE PROGRAM

-HEAD-
      CHAPTER 12 - TEMPORARY RAILROAD UNEMPLOYMENT INSURANCE PROGRAM  

-MISC1-
    Sec.                                                     
    401.        Payment of compensation; eligibility; duration;
                 maximum aggregate amount payable; duplication of
                 benefits; application of railroad unemployment
                 insurance provisions.                                
    402.        Exchange of information between Secretary of Labor and
                 Railroad Retirement Board.                           
    403.        Appropriation to railroad unemployment insurance
                 account; transfer and repayment of funds; interest.  
    404.        Temporary increase in employers' contribution rate.   

-End-



-CITE-
    45 USC Sec. 401                                             01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 12 - TEMPORARY RAILROAD UNEMPLOYMENT INSURANCE PROGRAM

-HEAD-
    Sec. 401. Payment of compensation; eligibility; duration; maximum
      aggregate amount payable; duplication of benefits; application of
      railroad unemployment insurance provisions

-STATUTE-
      An employee as defined in the Railroad Unemployment Insurance Act
    [45 U.S.C. 351 et seq.] who has, after June 30, 1960, and before
    April 1, 1962, exhausted (within the meaning prescribed by the
    Railroad Retirement Board by regulation) his right to unemployment
    benefits under the Railroad Unemployment Insurance Act, shall be
    paid unemployment benefits in accordance otherwise with the
    provisions of such Act for days of unemployment, not exceeding
    sixty-five, and not exceeding in the aggregate, an amount equal to
    50 per centum of the total amount of unemployment benefits which
    were payable to him in the benefit year in which he last exhausted
    his rights before making his first claim under this chapter, which
    occur in registration periods, as defined in the Railroad
    Unemployment Insurance Act, beginning on or after the fifteenth day
    after the date of enactment of the Temporary Extended Unemployment
    Compensation Act of 1961 [March 24, 1961], and before April 1,
    1962, and which would not be days with respect to which he would be
    held entitled otherwise to receive unemployment benefits under the
    Railroad Unemployment Insurance Act: Provided, That an employee
    entitled under this section to benefits for a day before April 1,
    1962, may receive such benefits for days in registration periods
    which begin before July 1, 1962: Provided further, That payment of
    benefits otherwise provided for in this chapter shall not be made
    with respect to any individual for any day of unemployment to the
    extent that such payment, when added to the sum of the benefits
    under the Railroad Unemployment Insurance Act and under this
    chapter paid such individual with respect to prior days in the
    benefit year, would exceed one hundred and ninety-five times such
    individual's daily benefit rate for such benefit year. An employee
    who has filed, and established, a first claim for benefits under
    the provisions of the Temporary Extended Unemployment Compensation
    Act of 1961, may not thereafter establish a claim under this
    section, and an employee who has registered for, and established, a
    claim under this section may not thereafter establish a claim under
    the provisions of the Temporary Extended Unemployment Compensation
    Act of 1961. Except to the extent inconsistent with this section,
    the provisions of the Railroad Unemployment Insurance Act shall be
    applicable in the administration of this section.

-SOURCE-
    (Pub. L. 87-7, Sec. 2, Mar. 24, 1961, 75 Stat. 16.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Railroad Unemployment Insurance Act, referred to in text, is
    act June 25, 1938, ch. 680, 52 Stat. 1094, as amended, which is
    classified principally to chapter 11 (Sec. 351 et seq.) of this
    title. For complete classification of this Act to the Code, see
    section 367 of this title and Tables.
      The Temporary Extended Unemployment Compensation Act of 1961,
    referred to in text, is Pub. L. 87-6, Mar. 24, 1961, 75 Stat. 8,
    which enacted sections 1105 and 1400l to 1400v of Title 42, The
    Public Health and Welfare, amended sections 3301 and 3302 of Title
    26, Internal Revenue Code, and enacted provisions set out as notes
    under sections 1101 and 1400l of Title 42. For complete
    classification of this Act to the Code, see Tables.


-MISC1-
                                SHORT TITLE                            
      Section 1 of Pub. L. 87-7 provided: "That this Act [enacting this
    chapter] may be cited as the 'Temporary Extended Railroad
    Unemployment Insurance Benefits Act of 1961'."

-End-



-CITE-
    45 USC Sec. 402                                             01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 12 - TEMPORARY RAILROAD UNEMPLOYMENT INSURANCE PROGRAM

-HEAD-
    Sec. 402. Exchange of information between Secretary of Labor and
      Railroad Retirement Board

-STATUTE-
      The Secretary of Labor, upon request, shall furnish the Railroad
    Retirement Board information deemed necessary by such Board for the
    administration of section 401 of this title, and such Board, upon
    request, shall furnish the Secretary of Labor information deemed
    necessary by the Secretary for the administration of the Temporary
    Extended Unemployment Compensation Act of 1961.

-SOURCE-
    (Pub. L. 87-7, Sec. 3, Mar. 24, 1961, 75 Stat. 17.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Temporary Extended Unemployment Compensation Act of 1961,
    referred to in text, is Pub. L. 87-6, Mar. 24, 1961, 75 Stat. 8,
    which enacted sections 1105 and 1400l to 1400v of Title 42, The
    Public Health and Welfare, amended sections 3301 and 3302 of Title
    26, Internal Revenue Code, and enacted provisions set out as notes
    under sections 1101 and 1400l of Title 42. For complete
    classification of this Act to the Code, see Tables.

-End-



-CITE-
    45 USC Sec. 403                                             01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 12 - TEMPORARY RAILROAD UNEMPLOYMENT INSURANCE PROGRAM

-HEAD-
    Sec. 403. Appropriation to railroad unemployment insurance account;
      transfer and repayment of funds; interest

-STATUTE-
      There are authorized to be appropriated to the railroad
    unemployment insurance account, without fiscal year limitation,
    such amounts as may be necessary to carry out the provisions of
    this chapter. The amounts so appropriated shall be transferred from
    time to time to the railroad unemployment insurance account on the
    basis of estimates by the Secretary of the Treasury after
    consultation with the Railroad Retirement Board of the amounts
    required from time to time to carry out the provisions of this
    chapter. Amounts so transferred shall be repayable advances without
    interest.

-SOURCE-
    (Pub. L. 87-7, Sec. 4, Mar. 24, 1961, 75 Stat. 17; Pub. L. 88-133,
    title III, Sec. 303(c), Oct. 5, 1963, 77 Stat. 222.)


-MISC1-
                                AMENDMENTS                            
      1963 - Pub. L. 88-133 repealed provision for repayment of
    advances by transfers from account to general fund of Treasury when
    funds of account derived from increase in employers' contribution
    rate are adequate for such purpose, which is now covered by section
    303(b) of Pub. L. 88-133, set out as a note below.

                     EFFECTIVE DATE OF 1963 AMENDMENT                 
      Section 303(c) of Pub. L. 88-133 provided that the amendment made
    by such section 303(c) is effective with respect to contributions
    collected on compensation paid after Dec. 31, 1963.

    REPAYMENT BY ACCOUNT OF ADVANCES FROM GENERAL FUND OF TREASURY FROM
      CONTRIBUTIONS COLLECTED ON COMPENSATION PAID AFTER DECEMBER 31,
                                   1963
      Section 303(b) of Pub. L. 88-133 provided that: "Effective with
    respect to contributions collected by the Railroad Retirement Board
    pursuant to section 8(f) of the Railroad Unemployment Insurance Act
    [section 358(f) of this title] on compensation paid after December
    31, 1963, that part of such contributions equal to one-fourth of 1
    per centum of the compensation on which such contributions are
    based shall, notwithstanding the provisions of section 10(b) of
    such Act [section 360(b) of this title], be applied by the Board
    exclusively for transfers from the railroad unemployment insurance
    account to the general fund of the Treasury until the full amount
    advanced from the general fund of the Treasury to the railroad
    unemployment insurance account pursuant to section 4 of the
    Temporary Extended Railroad Unemployment Insurance Benefits Act of
    1961 [this section] has been repaid."

-End-



-CITE-
    45 USC Sec. 404                                             01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 12 - TEMPORARY RAILROAD UNEMPLOYMENT INSURANCE PROGRAM

-HEAD-
    Sec. 404. Temporary increase in employers' contribution rate

-STATUTE-
      Notwithstanding the provisions of section 358(a)2 (!1) of this
    title, the rate of contribution required to be paid under the
    Railroad Unemployment Insurance Act [45 U.S.C. 351 et seq.] by
    every employer as defined in such Act shall be 4 per centum with
    respect to compensation as defined in such Act, paid after December
    31, 1961, and before January 1, 1964.


-SOURCE-
    (Pub. L. 87-7, Sec. 5, Mar. 24, 1961, 75 Stat. 17.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 358(a) of this title, referred to in text, was amended
    generally by Pub. L. 100-647, title VII, Sec. 7102(a), Nov. 10,
    1988, 102 Stat. 3759, and, as so amended, does not contain a cl.
    "2".
      The Railroad Unemployment Insurance Act, referred to in text, is
    act June 25, 1938, ch. 680, 52 Stat. 1094, as amended, which is
    classified principally to chapter 11 (Sec. 351 et seq.) of this
    title. For complete classification of this Act to the Code, see
    section 367 of this title and Tables.

-FOOTNOTE-
    (!1) See References in Text note below.


-End-


-CITE-
    45 USC CHAPTER 13 - RAILROAD SAFETY                         01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 13 - RAILROAD SAFETY

-HEAD-
                       CHAPTER 13 - RAILROAD SAFETY                   

-End-


-CITE-
    45 USC SUBCHAPTER I - GENERAL PROVISIONS                    01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 13 - RAILROAD SAFETY
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
                     SUBCHAPTER I - GENERAL PROVISIONS                 

-End-



-CITE-
    45 USC Sec. 421                                             01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 13 - RAILROAD SAFETY
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 421. Repealed. Pub. L. 103-272, Sec. 7(b), July 5, 1994, 108
      Stat. 1379

-MISC1-
      Section, Pub. L. 91-458, title I, Sec. 101, Oct. 16, 1970, 84
    Stat. 971, stated congressional declaration of purpose for this
    chapter. See section 20101 of Title 49, Transportation.

-End-


-CITE-
    45 USC SUBCHAPTER II - RULES, REGULATIONS, ORDERS, AND
           STANDARDS                                       01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 13 - RAILROAD SAFETY
    SUBCHAPTER II - RULES, REGULATIONS, ORDERS, AND STANDARDS

-HEAD-
         SUBCHAPTER II - RULES, REGULATIONS, ORDERS, AND STANDARDS     

-End-



-CITE-
    45 USC Secs. 431 to 447                                     01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 13 - RAILROAD SAFETY
    SUBCHAPTER II - RULES, REGULATIONS, ORDERS, AND STANDARDS

-HEAD-
    Secs. 431 to 447. Repealed. Pub. L. 103-272, Sec. 7(b), July 5,
      1994, 108 Stat. 1379

-MISC1-
      Section 431, Pub. L. 91-458, title II, Sec. 202, Oct. 16, 1970,
    84 Stat. 971; Pub. L. 94-348, Sec. 5, July 8, 1976, 90 Stat. 819;
    Pub. L. 96-423, Sec. 14, Oct. 10, 1980, 94 Stat. 1817; Pub. L. 97-
    468, title VII, Sec. 702(a), (c), Jan. 14, 1983, 96 Stat. 2579;
    Pub. L. 100-342, Secs. 4(a), 7, 9, 10, 19(a), 21-23, June 22, 1988,
    102 Stat. 625, 628, 629, 637-639; Pub. L. 102-143, title V, Sec. 4,
    Oct. 28, 1991, 105 Stat. 957; Pub. L. 102-365, Secs. 2, 5(a)(1), 7,
    8, 10, Sept. 3, 1992, 106 Stat. 972, 975, 976, 978; Pub. L. 102-
    533, Sec. 14, Oct. 27, 1992, 106 Stat. 3522, authorized Secretary
    of Transportation to promulgate rules, regulations, orders, and
    standards for all areas of railroad safety. See sections 20102,
    20103, 20103 note, 20108, 20110, 20114, 20131 to 20143, and 24902
    of Title 49, Transportation.
      Section 432, Pub. L. 91-458, title II, Sec. 203, Oct. 16, 1970,
    84 Stat. 972; Pub. L. 96-423, Sec. 3, Oct. 10, 1980, 94 Stat. 1811,
    related to emergency powers of Secretary of Transportation. See
    section 20104 of Title 49.
      Section 433, Pub. L. 91-458, title II, Sec. 204, Oct. 16, 1970,
    84 Stat. 972, required Secretary of Transportation to submit
    comprehensive study and recommendation of means of eliminating and
    protecting railroad grade crossings and protecting pedestrians. See
    section 20134 of Title 49.
      Section 434, Pub. L. 91-458, title II, Sec. 205, Oct. 16, 1970,
    84 Stat. 972, declared that laws, rules, regulations, orders, and
    standards relating to railroad safety were to be nationally
    uniform, but permitted more stringent yet compatible State
    regulation. See section 20106 of Title 49.
      Section 435, Pub. L. 91-458, title II, Sec. 206, Oct. 16, 1970,
    84 Stat. 972; Pub. L. 96-423, Sec. 4, Oct. 10, 1980, 94 Stat. 1812;
    Pub. L. 101-615, Sec. 28(a)-(d), Nov. 16, 1990, 104 Stat. 3276,
    3277, related to investigative and surveillance activities by State
    in connection with any rule, regulation, order, or standard related
    to railroad safety prescribed by Secretary of Transportation. See
    sections 20105, 20111, and 20117 of Title 49.
      Section 436, Pub. L. 91-458, title II, Sec. 207, Oct. 16, 1970,
    84 Stat. 974; Pub. L. 95-574, Sec. 8, Nov. 2, 1978, 92 Stat. 2461;
    Pub. L. 96-423, Sec. 5, Oct. 10, 1980, 94 Stat. 1812; Pub. L. 101-
    615, Sec. 28(e), Nov. 16, 1990, 104 Stat. 3277, related to actions
    by State agencies to enforce compliance with Federal railroad
    safety rules, regulations, orders, and standards. See section 20113
    of Title 49.
      Section 437, Pub. L. 91-458, title II, Sec. 208, Oct. 16, 1970,
    84 Stat. 974; Pub. L. 93-633, title II, Sec. 206, Jan. 3, 1975, 88
    Stat. 2166; Pub. L. 95-574, Sec. 9, Nov. 2, 1978, 92 Stat. 2462;
    Pub. L. 96-423, Sec. 6, Oct. 10, 1980, 94 Stat. 1813; Pub. L. 100-
    342, Sec. 8, June 22, 1988, 102 Stat. 628, related to general
    powers of Secretary of Transportation. See section 54a of this
    title and sections 20107, 20108, 20111, and 20112 of Title 49.
      Section 438, Pub. L. 91-458, title II, Sec. 209, Oct. 16, 1970,
    84 Stat. 975; Pub. L. 93-633, title II, Sec. 204(a), Jan. 3, 1975,
    88 Stat. 2165; Pub. L. 96-423, Secs. 7, 8(a), Oct. 10, 1980, 94
    Stat. 1814; Pub. L. 97-468, title VII, Sec. 706, Jan. 14, 1983, 96
    Stat. 2581; Pub. L. 100-342, Sec. 3(a), June 22, 1988, 102 Stat.
    624; Pub. L. 102-365, Secs. 4(a)(1), (c)(1), 9(a)(1), Sept. 3,
    1992, 106 Stat. 973, 974, 977, related to civil penalties for
    violations of any railroad safety rule, regulation, order, or
    standard issued under this subchapter or violations of section 39
    of this title. See sections 20111, 20112, 20114, 21301, 21302,
    21304, and 21311 of Title 49.
      Section 439, Pub. L. 91-458, title II, Sec. 210, Oct. 16, 1970,
    84 Stat. 975; Pub. L. 96-423, Sec. 9, Oct. 10, 1980, 94 Stat. 1814;
    Pub. L. 101-615, Sec. 28(f), Nov. 16, 1990, 104 Stat. 3277, related
    to restraint of violations of this subchapter and certain other
    statutes and to enforcement of rules, etc., established under such
    subchapter or statutes. See sections 20112 to 20114 of Title 49.
      Section 440, Pub. L. 91-458, title II, Sec. 211, Oct. 16, 1970,
    84 Stat. 976; Pub. L. 93-633, title II, Sec. 203, Jan. 3, 1975, 88
    Stat. 2164; Pub. L. 94-56, Sec. 2, July 19, 1975, 89 Stat. 263;
    Pub. L. 96-470, title II, Sec. 209(a), Oct. 19, 1980, 94 Stat.
    2245; Pub. L. 100-342, Sec. 12, June 22, 1988, 102 Stat. 630,
    related to annual report by Secretary of Transportation on
    administration of this subchapter. See section 20116 of Title 49.
      Section 441, Pub. L. 91-458, title II, Sec. 212, as added Pub. L.
    96-423, Sec. 10, Oct. 10, 1980, 94 Stat. 1815; amended Pub. L. 100-
    342, Sec. 5, June 22, 1988, 102 Stat. 627; Pub. L. 102-365, Sec.
    5(b), Sept. 3, 1992, 106 Stat. 975, related to protection and
    rights of railroad employees. See section 20109 of Title 49.
      A prior section 441, Pub. L. 91-458, title II, Sec. 212, Oct. 16,
    1970, 84 Stat. 977; Pub. L. 93-90, Sec. 2, Aug. 14, 1973, 87 Stat.
    305; Pub. L. 93-633, title II, Sec. 205, Jan. 3, 1975, 88 Stat.
    2166; Pub. L. 94-56, Sec. 3, July 19, 1975, 89 Stat. 263; Pub. L.
    94-348, Sec. 2(a), July 8, 1976, 90 Stat. 817; Pub. L. 95-574, Sec.
    2, Nov. 2, 1978, 92 Stat. 2459, authorized appropriations to carry
    out this chapter, prior to repeal by Pub. L. 96-423, Sec. 2, Oct.
    10, 1980, 94 Stat. 1811.
      Section 442, Pub. L. 95-574, Sec. 3, Nov. 2, 1978, 92 Stat. 2459,
    related to limitations on funding for railroad research and
    development programs. See section 20117 of Title 49,
    Transportation.
      Section 443, Pub. L. 91-458, title II, Sec. 213, as added Pub. L.
    96-423, Sec. 11, Oct. 10, 1980, 94 Stat. 1816, related to pay
    classifications of railroad safety inspectors and railroad safety
    specialists. See section 5109(c) of Title 5, Government
    Organization and Employees.
      Section 444, Pub. L. 91-458, title II, Sec. 214, as added Pub. L.
    96-423, Sec. 2, Oct. 10, 1980, 94 Stat. 1811; amended Pub. L. 97-
    35, title XI, Sec. 1195, Aug. 13, 1981, 95 Stat. 702; Pub. L. 97-
    468, title VII, Sec. 703, Jan. 14, 1983, 96 Stat. 2580; Pub. L.
    100-342, Sec. 2, June 22, 1988, 102 Stat. 624; Pub. L. 101-508,
    title X, Sec. 10501(b), Nov. 5, 1990, 104 Stat. 1388-400; Pub. L.
    102-365, Sec. 12, Sept. 3, 1992, 106 Stat. 980, authorized
    appropriations to carry out this chapter. See sections 20108 and
    20117 of Title 49, Transportation.
      Section 445, Pub. L. 91-458, title II, Sec. 215, as added Pub. L.
    100-342, Sec. 20, June 22, 1988, 102 Stat. 638, related to grade
    crossing demonstration projects to reduce accidents involving
    trains. See sections 20117 and 20134 of Title 49.
      Section 446, Pub. L. 101-647, title XVII, Sec. 1704, Nov. 29,
    1990, 104 Stat. 4846, related to railroad police officers. See
    section 26101 of Title 49.
      Section 447, Pub. L. 91-458, title II, Sec. 216, as added Pub. L.
    101-508, title X, Sec. 10501(a), Nov. 5, 1990, 104 Stat. 1388-399,
    related to railroad user fees. See section 20115 of Title 49.

-End-


-CITE-
    45 USC CHAPTER 14 - RAIL PASSENGER SERVICE                  01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 14 - RAIL PASSENGER SERVICE

-HEAD-
                    CHAPTER 14 - RAIL PASSENGER SERVICE                

-End-


-CITE-
    45 USC SUBCHAPTER I - GENERAL PROVISIONS                    01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 14 - RAIL PASSENGER SERVICE
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
                     SUBCHAPTER I - GENERAL PROVISIONS                 

-End-



-CITE-
    45 USC Secs. 501 to 502                                     01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 14 - RAIL PASSENGER SERVICE
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Secs. 501 to 502. Repealed. Pub. L. 103-272, Sec. 7(b), July 5,
      1994, 108 Stat. 1379

-MISC1-
      Section 501, Pub. L. 91-518, title I, Sec. 101, Oct. 30, 1970, 84
    Stat. 1328; Pub. L. 96-73, title I, Sec. 102, Sept. 29, 1979, 93
    Stat. 537; Pub. L. 97-35, title XI, Sec. 1171, Aug. 13, 1981, 95
    Stat. 687, related to congressional findings on needs for cost- and
    energy-efficient intercity rail passenger service. See section
    24101 of Title 49, Transportation.
      Section 501a, Pub. L. 91-518, title I, Sec. 102, as added Pub. L.
    96-73, title I, Sec. 103(a), Sept. 29, 1979, 93 Stat. 537; amended
    Pub. L. 97-35, title XI, Sec. 1172, Aug. 13, 1981, 95 Stat. 688,
    enumerated goals established by Congress for Amtrak. See section
    24101 of Title 49.
      A prior section 102 of Pub. L. 91-518 was renumbered section 103
    and classified to section 502 of this title, prior to repeal by
    Pub. L. 103-272, Sec. 7(b).
      Section 502, Pub. L. 91-518, title I, Sec. 103, formerly Sec.
    102, Oct. 30, 1970, 84 Stat. 1328; Pub. L. 93-146, Sec. 2, Nov. 3,
    1973, 87 Stat. 548; renumbered Sec. 103 and amended Pub. L. 96-73,
    title I, Secs. 103(a), 104, Sept. 29, 1979, 93 Stat. 537, 538; Pub.
    L. 97-35, title XI, Sec. 1173, Aug. 13, 1981, 95 Stat. 689; Pub. L.
    99-272, title IV, Sec. 4012, Apr. 7, 1986, 100 Stat. 109; Pub. L.
    102-533, Sec. 8, Oct. 27, 1992, 106 Stat. 3519, defined terms for
    purposes of this chapter. See section 24102 of Title 49,
    Transportation.

                                SHORT TITLE                            
      Section 1 of Pub. L. 91-518, as amended by Pub. L. 93-496, Sec.
    12, Oct. 28, 1974, 88 Stat. 1531, provided that Pub. L. 91-518
    (enacting this chapter and section 250 of Title 26, Internal
    Revenue Code, amending section 856 of former Title 31, Money and
    Finance, and enacting provision set out as a note under section 250
    of Title 26) could be cited as the "Rail Passenger Service Act",
    prior to repeal by Pub. L. 103-272, Sec. 7(b), July 5, 1994, 108
    Stat. 1379.

-End-


-CITE-
    45 USC SUBCHAPTER II - BASIC NATIONAL RAIL PASSENGER
           SYSTEM                                          01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 14 - RAIL PASSENGER SERVICE
    SUBCHAPTER II - BASIC NATIONAL RAIL PASSENGER SYSTEM

-HEAD-
           SUBCHAPTER II - BASIC NATIONAL RAIL PASSENGER SYSTEM       

-End-



-CITE-
    45 USC Secs. 521, 522                                       01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 14 - RAIL PASSENGER SERVICE
    SUBCHAPTER II - BASIC NATIONAL RAIL PASSENGER SYSTEM

-HEAD-
    Secs. 521, 522. Repealed. Pub. L. 103-272, Sec. 7(b), July 5, 1994,
      108 Stat. 1379

-MISC1-
      Section 521, Pub. L. 91-518, title II, Sec. 201, Oct. 30, 1970,
    84 Stat. 1329, authorized report designating routes and basic
    service on intercity passenger system.
      Section 522, Pub. L. 91-518, title II, Sec. 202, Oct. 30, 1970,
    84 Stat. 1329, directed review of preliminary report of Secretary
    designating the basic system.

-End-


-CITE-
    45 USC SUBCHAPTER III - NATIONAL RAILROAD PASSENGER
           CORPORATION                                     01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 14 - RAIL PASSENGER SERVICE
    SUBCHAPTER III - NATIONAL RAILROAD PASSENGER CORPORATION

-HEAD-
         SUBCHAPTER III - NATIONAL RAILROAD PASSENGER CORPORATION     

-End-



-CITE-
    45 USC Secs. 541 to 548                                     01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 14 - RAIL PASSENGER SERVICE
    SUBCHAPTER III - NATIONAL RAILROAD PASSENGER CORPORATION

-HEAD-
    Secs. 541 to 548. Repealed. Pub. L. 103-272, Sec. 7(b), July 5,
      1994, 108 Stat. 1379

-MISC1-
      Section 541, Pub. L. 91-518, title III, Sec. 301, Oct. 30, 1970,
    84 Stat. 1330; Pub. L. 95-421, Sec. 11, Oct. 5, 1978, 92 Stat. 928;
    Pub. L. 97-35, title XI, Sec. 1188(a), Aug. 13, 1981, 95 Stat. 699;
    Pub. L. 100-342, Sec. 18(a), June 22, 1988, 102 Stat. 636,
    authorized establishment of National Railroad Passenger
    Corporation. See sections 24101 and 24301 of Title 49,
    Transportation.
      Section 542, Pub. L. 91-518, title III, Sec. 302, Oct. 30, 1970,
    84 Stat. 1330, related to Presidential appointment of incorporators
    to establish National Railroad Passenger Corporation.
      Section 543, Pub. L. 91-518, title III, Sec. 303, Oct. 30, 1970,
    84 Stat. 1330; Pub. L. 92-316, Sec. 1(a), June 22, 1972, 86 Stat.
    227; Pub. L. 93-146, Sec. 3(a), Nov. 3, 1973, 87 Stat. 548; Pub. L.
    94-25, Sec. 2, May 26, 1975, 89 Stat. 90; Pub. L. 94-210, title
    VII, Sec. 706(f), formerly Sec. 705(f), Feb. 5, 1976, 90 Stat. 124,
    renumbered Pub. L. 96-254, title II, Sec. 206(a), May 30, 1980, 94
    Stat. 412; Pub. L. 94-555, title I, Sec. 103, Oct. 19, 1976, 90
    Stat. 2615; Pub. L. 97-35, title XI, Sec. 1174(a), Aug. 13, 1981,
    95 Stat. 689; Pub. L. 97-216, title I, Sec. 101, July 18, 1982, 96
    Stat. 187; Pub. L. 100-342, Sec. 18(b), (c), June 22, 1988, 102
    Stat. 636, related to board of directors, officers, bylaws, and
    stock voting rights of National Railroad Passenger Corporation. See
    sections 24302 and 24303 of Title 49, Transportation.
      Section 544, Pub. L. 91-518, title III, Sec. 304, Oct. 30, 1970,
    84 Stat. 1331; Pub. L. 93-496, Sec. 2, Oct. 28, 1974, 88 Stat.
    1526; Pub. L. 97-35, title XI, Sec. 1175, Aug. 13, 1981, 95 Stat.
    691; Pub. L. 99-272, title IV, Sec. 4003, Apr. 7, 1986, 100 Stat.
    107; Pub. L. 102-533, Sec. 5, Oct. 27, 1992, 106 Stat. 3517,
    related to issuance by National Railroad Passenger Corporation of
    stock, bonds, and other certificates of indebtedness. See section
    24304 of Title 49.
      Section 545, Pub. L. 91-518, title III, Sec. 305, Oct. 30, 1970,
    84 Stat. 1332; Pub. L. 92-316, Sec. 2, June 22, 1972, 86 Stat. 228;
    Pub. L. 93-146, Secs. 4-6, Nov. 3, 1973, 87 Stat. 549, 550; Pub. L.
    93-496, Secs. 3, 4, 6, Oct. 28, 1974, 88 Stat. 1527, 1528; Pub. L.
    94-25, Sec. 3, May 26, 1975, 89 Stat. 90; Pub. L. 94-210, title
    VII, Sec. 706(g), formerly Sec. 705(g), Feb. 5, 1976, 90 Stat. 125,
    renumbered Pub. L. 96-254, title II, Sec. 206(a), May 30, 1980, 94
    Stat. 412; Pub. L. 94-555, title I, Sec. 104, Oct. 19, 1976, 90
    Stat. 2615; Pub. L. 95-421, Sec. 10, Oct. 5, 1978, 92 Stat. 928;
    Pub. L. 96-73, title I, Secs. 105-111(a), Sept. 29, 1979, 93 Stat.
    539-541; Pub. L. 97-35, title XI, Secs. 1176, 1177(a), 1188(b),
    Aug. 13, 1981, 95 Stat. 692, 699; Pub. L. 99-272, title IV, Sec.
    4007(e), title XIII, Sec. 13031(h)(1), Apr. 7, 1986, 100 Stat. 108,
    310, enumerated general powers of National Railroad Passenger
    Corporation. See sections 24301, 24305 to 24307, 24311, 24702,
    24707, 24709, and 24902 of Title 49.
      Section 545a, Pub. L. 95-421, Sec. 19, Oct. 5, 1978, 92 Stat.
    930, directed National Railroad Passenger Corporation to attract
    and serve bulk mail needs of Postal Service. See section 24305 of
    Title 49.
      Section 546, Pub. L. 91-518, title III, Sec. 306, Oct. 30, 1970,
    84 Stat. 1332; Pub. L. 92-316, Sec. 3, June 22, 1972, 86 Stat. 228;
    Pub. L. 93-146, Sec. 7, Nov. 3, 1973, 87 Stat. 551; Pub. L. 94-210,
    title VII, Sec. 706(e), formerly Sec. 705(e), Feb. 5, 1976, 90
    Stat. 124, renumbered Pub. L. 96-254, title II, Sec. 206(a), May
    30, 1980, 94 Stat. 412; Pub. L. 94-555, title I, Secs. 105, 106,
    Oct. 19, 1976, 90 Stat. 2615, 2616; Pub. L. 96-73, title I, Sec.
    112, Sept. 29, 1979, 93 Stat. 541; Pub. L. 97-35, title XI, Sec.
    1178, Aug. 13, 1981, 95 Stat. 692; Pub. L. 99-272, title IV, Secs.
    4004, 4007(b), 4013, 4015, Apr. 7, 1986, 100 Stat. 107-110; Pub. L.
    101-610, title VI, Sec. 601(a), Nov. 16, 1990, 104 Stat. 3185; Pub.
    L. 102-533, Sec. 6, Oct. 27, 1992, 106 Stat. 3517, related to laws
    applicable to National Railroad Passenger Corporation. See sections
    24301, 24305, and 24306 of Title 49.
      Section 546a, Pub. L. 95-421, Sec. 7, Oct. 5, 1978, 92 Stat. 927,
    related to jurisdiction of Interstate Commerce Commission over
    rate, fare, charge, and marketing practices of National Railroad
    Passenger Corporation. See section 24301 of Title 49.
      Section 546b, Pub. L. 97-257, title I, Sept. 10, 1982, 96 Stat.
    852, exempted National Railroad Passenger Corporation from taxes or
    other fees imposed by any State, political subdivision, or local
    taxing authority levied on Corporation or any railroad subsidiary
    and provided United States district courts with jurisdiction to
    enforce exemption. See section 24301 of Title 49.
      Section 547, Pub. L. 91-518, title III, Sec. 307, Oct. 30, 1970,
    84 Stat. 1333; Pub. L. 97-35, title XI, Sec. 1179, Aug. 13, 1981,
    95 Stat. 693, related to jurisdiction of United States district
    courts to impose sanctions. See section 24103 of Title 49.
      Section 548, Pub. L. 91-518, title III, Sec. 308, Oct. 30, 1970,
    84 Stat. 1333; Pub. L. 92-316, Sec. 4, June 22, 1972, 86 Stat. 228;
    Pub. L. 93-146, Sec. 8, Nov. 3, 1973, 87 Stat. 551; Pub. L. 94-25,
    Sec. 4, May 26, 1975, 89 Stat. 90; Pub. L. 96-73, title I, Sec.
    113, Sept. 29, 1979, 93 Stat. 542; Pub. L. 97-35, title XI, Sec.
    1180, Aug. 13, 1981, 95 Stat. 693; Pub. L. 99-272, title IV, Sec.
    4005, Apr. 7, 1986, 100 Stat. 107; Pub. L. 100-342, Sec. 18(d),
    June 22, 1988, 102 Stat. 637, related to reports by National
    Railroad Passenger Corporation to President and Congress. See
    section 24315 of Title 49.

-End-


-CITE-
    45 USC SUBCHAPTER IV - PROVISION OF RAIL PASSENGER
           SERVICES                                        01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 14 - RAIL PASSENGER SERVICE
    SUBCHAPTER IV - PROVISION OF RAIL PASSENGER SERVICES

-HEAD-
           SUBCHAPTER IV - PROVISION OF RAIL PASSENGER SERVICES       

-End-



-CITE-
    45 USC Secs. 561 to 563                                     01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 14 - RAIL PASSENGER SERVICE
    SUBCHAPTER IV - PROVISION OF RAIL PASSENGER SERVICES

-HEAD-
    Secs. 561 to 563. Repealed. Pub. L. 103-272, Sec. 7(b), July 5,
      1994, 108 Stat. 1379

-MISC1-
      Section 561, Pub. L. 91-518, title IV, Sec. 401, Oct. 30, 1970,
    84 Stat. 1334; Pub. L. 93-146, Sec. 9, Nov. 3, 1973, 87 Stat. 551,
    related to assumption of intercity rail passenger service by
    National Railroad Passenger Corporation. See section 24701 of Title
    49, Transportation.
      Section 562, Pub. L. 91-518, title IV, Sec. 402, Oct. 30, 1970,
    84 Stat. 1335; Pub. L. 92-316, Sec. 5, June 22, 1972, 86 Stat. 229;
    Pub. L. 93-146, Sec. 10, Nov. 3, 1973, 87 Stat. 552; Pub. L. 94-
    210, title VII, Sec. 706(a), (h), formerly Sec. 705(a), (h), Feb.
    5, 1976, 90 Stat. 123, 125, renumbered Pub. L. 96-254, title II,
    Sec. 206(a), May 30, 1980, 94 Stat. 412; Pub. L. 95-421, Sec. 15,
    Oct. 5, 1978, 92 Stat. 929; Pub. L. 96-73, title I, Sec. 114, Sept.
    29, 1979, 93 Stat. 542; Pub. L. 96-254, title II, Sec. 216, May 30,
    1980, 94 Stat. 418; Pub. L. 97-35, title XI, Secs. 1181, 1188(c),
    Aug. 13, 1981, 95 Stat. 693, 699; Pub. L. 99-272, title IV, Secs.
    4006, 4017(b), Apr. 7, 1986, 100 Stat. 107, 110; Pub. L. 101-641,
    Sec. 9(a), Nov. 28, 1990, 104 Stat. 4658, related to facilities and
    service agreements. See sections 24308, 24311, and 24904 of Title
    49.
      Section 563, Pub. L. 91-518, title IV, Sec. 403, Oct. 30, 1970,
    84 Stat. 1335; Pub. L. 92-316, Sec. 6, June 22, 1972, 86 Stat. 229;
    Pub. L. 93-146, Sec. 11(a), Nov. 3, 1973, 87 Stat. 553; Pub. L. 93-
    496, Sec. 5, Oct. 28, 1974, 88 Stat. 1527; Pub. L. 94-25, Secs. 5,
    6, May 26, 1975, 89 Stat. 90; Pub. L. 94-210, title VII, Sec.
    706(c), (i), formerly Sec. 705(c), (i), Feb. 5, 1976, 90 Stat. 124,
    125, renumbered Pub. L. 96-254, title II, Sec. 206(a), May 30,
    1980, 94 Stat. 412; Pub. L. 94-555, title I, Sec. 107, Oct. 19,
    1976, 90 Stat. 2616; Pub. L. 95-421, Secs. 16-18, Oct. 5, 1978, 92
    Stat. 929, 930; Pub. L. 96-73, title I, Sec. 115, Sept. 29, 1979,
    93 Stat. 542; Pub. L. 96-254, title II, Sec. 213, May 30, 1980, 94
    Stat. 417; Pub. L. 96-448, title V, Sec. 508(f), Oct. 14, 1980, 94
    Stat. 1958; Pub. L. 97-35, title XI, Secs. 1182(a), 1183(e), Aug.
    13, 1981, 95 Stat. 693, 697; Pub. L. 99-272, title IV, Sec.
    4014(a)(1), Apr. 7, 1986, 100 Stat. 109; Pub. L. 102-533, Secs.
    7(b), 10, Oct. 27, 1992, 106 Stat. 3519, 3520, related to State
    supported institution or retention of rail passenger service. See
    sections 24703, 24704, and 24708 of Title 49.

-End-



-CITE-
    45 USC Sec. 564                                             01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 14 - RAIL PASSENGER SERVICE
    SUBCHAPTER IV - PROVISION OF RAIL PASSENGER SERVICES

-HEAD-
    Sec. 564. Repealed. Pub. L. 103-272, Sec. 7(b), July 5, 1994, 108
      Stat. 1379; Pub. L. 103-429, Sec. 8(6), Oct. 31, 1994, 108 Stat.
      4390

-MISC1-
      Section, Pub. L. 91-518, title IV, Sec. 404, Oct. 30, 1970, 84
    Stat. 1336; Pub. L. 93-146, Sec. 11(b), Nov. 3, 1973, 87 Stat. 553;
    Pub. L. 93-496, Sec. 7, Oct. 28, 1974, 88 Stat. 1530; Pub. L. 94-
    25, Secs. 7, 8, May 26, 1975, 89 Stat. 90; Pub. L. 94-210, title
    VII, Sec. 706(d), formerly Sec. 705(d), Feb. 5, 1976, 90 Stat. 124,
    renumbered Pub. L. 96-254, title II, Sec. 206(a), May 30, 1980, 94
    Stat. 412; Pub. L. 96-73, title I, Secs. 116(a), 117-119, Sept. 29,
    1979, 93 Stat. 545, 546; Pub. L. 97-35, title XI, Sec. 1183(a)-(d),
    Aug. 13, 1981, 95 Stat. 695-697; Pub. L. 99-272, title IV, Secs.
    4008, 4014(a)(2)-(7), Apr. 7, 1986, 100 Stat. 108-110; Pub. L. 104-
    287, Sec. 7(1), Oct. 11, 1996, 110 Stat. 3400, related to addition
    to or discontinuance of routes and services. See sections 24703 and
    24705 to 24707 of Title 49, Transportation.

-End-



-CITE-
    45 USC Secs. 565, 566                                       01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 14 - RAIL PASSENGER SERVICE
    SUBCHAPTER IV - PROVISION OF RAIL PASSENGER SERVICES

-HEAD-
    Secs. 565, 566. Repealed. Pub. L. 103-272, Sec. 7(b), July 5, 1994,
      108 Stat. 1379

-MISC1-
      Section 565, Pub. L. 91-518, title IV, Sec. 405, Oct. 30, 1970,
    84 Stat. 1337; Pub. L. 92-316, Secs. 7, 8, June 22, 1972, 86 Stat.
    230; Pub. L. 96-73, title I, Sec. 120(a), Sept. 29, 1979, 93 Stat.
    547; Pub. L. 97-35, title XI, Secs. 1177(b), 1184, 1188(d), Aug.
    13, 1981, 95 Stat. 692, 697, 699; Pub. L. 99-272, title IV, Sec.
    4016, Apr. 7, 1986, 100 Stat. 110, related to protective
    arrangements for railroad employees. See sections 24307, 24312, and
    24706 of Title 49, Transportation.
      Section 566, Pub. L. 91-518, title IV, Sec. 406, as added Pub. L.
    96-73, title I, Sec. 121, Sept. 29, 1979, 93 Stat. 548, related to
    retention and maintenance of facilities. See section 24309 of Title
    49.

-End-


-CITE-
    45 USC SUBCHAPTER V - AMTRAK COMMUTER SERVICES              01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 14 - RAIL PASSENGER SERVICE
    SUBCHAPTER V - AMTRAK COMMUTER SERVICES

-HEAD-
                  SUBCHAPTER V - AMTRAK COMMUTER SERVICES              

-End-



-CITE-
    45 USC Secs. 581 to 591                                     01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 14 - RAIL PASSENGER SERVICE
    SUBCHAPTER V - AMTRAK COMMUTER SERVICES

-HEAD-
    Secs. 581 to 591. Repealed. Pub. L. 103-272, Sec. 7(b), July 5,
      1994, 108 Stat. 1379

-MISC1-
      Section 581, Pub. L. 91-518, title V, Sec. 501, as added Pub. L.
    97-35, title XI, Sec. 1137, Aug. 13, 1981, 95 Stat. 647; amended
    Pub. L. 100-457, title III, Sec. 336, Sept. 30, 1988, 102 Stat.
    2153, related to establishment and incorporation of Amtrak Commuter
    Services Corporation. See section 24501 of Title 49,
    Transportation.
      A prior section 581, Pub. L. 91-518, title V, Sec. 501, Oct. 30,
    1970, 84 Stat. 1338, provided for appointment of a fifteen-man
    financial advisory panel by President, prior to repeal by Pub. L.
    94-25, Sec. 9, May 26, 1975, 89 Stat. 92.
      Section 582, Pub. L. 91-518, title V, Sec. 502, as added Pub. L.
    97-35, title XI, Sec. 1137, Aug. 13, 1981, 95 Stat. 648, related to
    Board of Directors and officers of Amtrak Commuter Services
    Corporation. See sections 24502 and 24503 of Title 49,
    Transportation.
      A prior section 582, Pub. L. 91-518, title V, Sec. 502, Oct. 30,
    1970, 84 Stat. 1338, directed advisory panel to advise directors of
    Corporation on ways and means of increasing capitalization of
    Corporation, prior to repeal by Pub. L. 94-25, Sec. 9, May 26,
    1975, 89 Stat. 92.
      Section 583, Pub. L. 91-518, title V, Sec. 503, as added Pub. L.
    97-35, title XI, Sec. 1137, Aug. 13, 1981, 95 Stat. 648, enumerated
    general powers of Amtrak Commuter Services Corporation. See
    sections 24501 and 24504 of Title 49, Transportation.
      A prior section 583, Pub. L. 91-518, title V, Sec. 503, Oct. 30,
    1970, 84 Stat. 1338, provided for a report to Congress by advisory
    panel, evaluating initial capitalization of Corporation, and
    prospects for increasing its capitalization, prior to repeal by
    Pub. L. 94-25, Sec. 9, May 26, 1975, 89 Stat. 92.
      Section 584, Pub. L. 91-518, title V, Sec. 504, as added Pub. L.
    97-35, title XI, Sec. 1137, Aug. 13, 1981, 95 Stat. 648, related to
    commuter services provided by Amtrak Commuter Services Corporation.
    See sections 24501, 24504, and 24505 of Title 49, Transportation.
      Section 585, Pub. L. 91-518, title V, Sec. 505, as added Pub. L.
    97-35, title XI, Sec. 1137, Aug. 13, 1981, 95 Stat. 650; amended
    Pub. L. 97-468, title V, Sec. 508, Jan. 14, 1983, 96 Stat. 2554,
    related to duties and composition of Northeast Corridor
    Coordination Board. See section 24905 of Title 49.
      Section 586, Pub. L. 91-518, title V, Sec. 506, as added Pub. L.
    97-35, title XI, Sec. 1137, Aug. 13, 1981, 95 Stat. 650, related to
    transfers of property and commuter service to Amtrak Commuter
    Services Corporation and commuter authorities. See section 24506 of
    Title 49.
      Section 587, Pub. L. 91-518, title V, Sec. 507, as added Pub. L.
    97-35, title XI, Sec. 1137, Aug. 13, 1981, 95 Stat. 652, exempted
    transfers of property and assumptions of service responsibilities
    pursuant to section 586 of this title from judicial review.
      Section 588, Pub. L. 91-518, title V, Sec. 508, as added Pub. L.
    97-35, title XI, Sec. 1145, Aug. 13, 1981, 95 Stat. 669, related to
    negotiations for implementing agreement governing transfer of
    Conrail employees.
      Section 589, Pub. L. 91-518, title V, Sec. 509, as added Pub. L.
    97-35, title XI, Sec. 1145, Aug. 13, 1981, 95 Stat. 671,
    established factfinding panel to recommend changes in operating
    practices to maximize productivity.
      Section 590, Pub. L. 91-518, title V, Sec. 510, as added Pub. L.
    97-35, title XI, Sec. 1145, Aug. 13, 1981, 95 Stat. 671, related to
    collective bargaining agreements for Amtrak Commuter Services
    Corporation or commuter authorities, contingency emergency boards,
    and dispute resolution procedures.
      Section 591, Pub. L. 91-518, title V, Sec. 511, as added Pub. L.
    97-468, title V, Sec. 509, Jan. 14, 1983, 96 Stat. 2554, provided
    for applicability of laws to commuter authorities operating
    commuter services under this subchapter. See section 24505 of Title
    49, Transportation.

-End-


-CITE-
    45 USC SUBCHAPTER VI - FEDERAL FINANCIAL ASSISTANCE         01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 14 - RAIL PASSENGER SERVICE
    SUBCHAPTER VI - FEDERAL FINANCIAL ASSISTANCE

-HEAD-
               SUBCHAPTER VI - FEDERAL FINANCIAL ASSISTANCE           

-End-



-CITE-
    45 USC Sec. 601                                             01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 14 - RAIL PASSENGER SERVICE
    SUBCHAPTER VI - FEDERAL FINANCIAL ASSISTANCE

-HEAD-
    Sec. 601. Repealed. Pub. L. 103-272, Sec. 7(b), July 5, 1994, 108
      Stat. 1379

-MISC1-
      Section, Pub. L. 91-518, title VI, Sec. 601, Oct. 30, 1970, 84
    Stat. 1338; Pub. L. 92-316, Sec. 9, June 22, 1972, 86 Stat. 231;
    Pub. L. 93-146, Sec. 12, Nov. 3, 1973, 87 Stat. 553; Pub. L. 93-
    496, Sec. 8, Oct. 28, 1974, 88 Stat. 1530; Pub. L. 94-25, Sec. 10,
    May 26, 1975, 89 Stat. 92; Pub. L. 94-555, title I, Sec. 102(a),
    (b), Oct. 19, 1976, 90 Stat. 2613, 2614; Pub. L. 95-421, Secs.
    2(a), (b)(1), 3, Oct. 5, 1978, 92 Stat. 923; Pub. L. 96-73, title
    I, Sec. 122(a), (b)(1), Sept. 29, 1979, 93 Stat. 550, 551; Pub. L.
    96-254, title II, Secs. 208, 211, May 30, 1980, 94 Stat. 414, 415;
    Pub. L. 97-35, title XI, Secs. 1138, 1139(a), 1185, Aug. 13, 1981,
    95 Stat. 652, 697; Pub. L. 97-468, title III, Sec. 302(c), Jan. 14,
    1983, 96 Stat. 2550; Pub. L. 99-272, title IV, Sec. 4002, Apr. 7,
    1986, 100 Stat. 106; Pub. L. 101-322, Sec. 2, July 6, 1990, 104
    Stat. 295; Pub. L. 102-533, Sec. 7(a), Oct. 27, 1992, 106 Stat.
    3517, related to authorization and administration of appropriations
    for capital expenditures, new corridor development, operating
    expenses, and mandatory payments. See section 24104 of Title 49,
    Transportation.

-End-



-CITE-
    45 USC Sec. 602                                             01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 14 - RAIL PASSENGER SERVICE
    SUBCHAPTER VI - FEDERAL FINANCIAL ASSISTANCE

-HEAD-
    Sec. 602. Repealed. Pub. L. 102-533, Sec. 7(c), Oct. 27, 1992, 106
      Stat. 3519

-MISC1-
      Section, Pub. 91-518, title VI, Sec. 602, Oct. 30, 1970, 84 Stat.
    1338; Pub. L. 92-316, Sec. 10(a), June 22, 1972, 86 Stat. 231; Pub.
    L. 93-146, Sec. 13, Nov. 3, 1973, 87 Stat. 553; Pub. L. 93-496,
    Sec. 9, Oct. 28, 1974, 88 Stat. 1531; Pub. L. 94-25, Sec. 11, May
    26, 1975, 89 Stat. 92; Pub. L. 94-555, title I, Sec. 102(c), Oct.
    19, 1976, 90 Stat. 2614; Pub. L. 95-421, Sec. 2(b)(2), Oct. 5,
    1978, 92 Stat. 923; Pub. L. 96-73, title I, Sec. 122(b)(2), Sept.
    29, 1979, 93 Stat. 551; Pub. L. 97-35, title XI, Sec. 1186, Aug.
    13, 1981, 95 Stat. 698; Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100
    Stat. 2095; Pub. L. 100-342, Sec. 18(e), June 22, 1988, 102 Stat.
    637, related to authority of Secretary of Transportation to
    guarantee any lender or lessor against loss of principal or
    interest on loans issued to improve rail passenger service.

-End-


-CITE-
    45 USC SUBCHAPTER VII - EMERGENCY FINANCIAL ASSISTANCE      01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 14 - RAIL PASSENGER SERVICE
    SUBCHAPTER VII - EMERGENCY FINANCIAL ASSISTANCE

-HEAD-
              SUBCHAPTER VII - EMERGENCY FINANCIAL ASSISTANCE          

-End-



-CITE-
    45 USC Secs. 621, 622                                       01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 14 - RAIL PASSENGER SERVICE
    SUBCHAPTER VII - EMERGENCY FINANCIAL ASSISTANCE

-HEAD-
    Secs. 621, 622. Repealed. Pub. L. 99-272, title IV, Sec. 4007(c),
      Apr. 7, 1986, 100 Stat. 108

-MISC1-
      Section 621, Pub. L. 91-518, title VII, Sec. 701, Oct. 30, 1970,
    84 Stat. 1339; Pub. L. 94-25, Sec. 12, May 26, 1975, 89 Stat. 93,
    provided for interim authority to provide emergency financial
    assistance for railroads operating passenger service.
      Section 622, Pub. L. 91-518, title VII, Sec. 702, Oct. 30, 1970,
    84 Stat. 1339, authorized appropriations for this subchapter.

-End-


-CITE-
    45 USC SUBCHAPTER VIII - MISCELLANEOUS PROVISIONS           01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 14 - RAIL PASSENGER SERVICE
    SUBCHAPTER VIII - MISCELLANEOUS PROVISIONS

-HEAD-
                SUBCHAPTER VIII - MISCELLANEOUS PROVISIONS            

-End-



-CITE-
    45 USC Sec. 641                                             01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 14 - RAIL PASSENGER SERVICE
    SUBCHAPTER VIII - MISCELLANEOUS PROVISIONS

-HEAD-
    Sec. 641. Repealed. Pub. L. 96-73, title I, Sec. 111(b), Sept. 29,
      1979, 93 Stat. 541

-MISC1-
      Section, Pub. L. 91-518, title VIII, Sec. 801, Oct. 30, 1970, 84
    Stat. 1339; Pub. L. 93-146, Sec. 14, Nov. 3, 1973, 87 Stat. 554;
    Pub. L. 93-496, Sec. 10, Oct. 28, 1974, 88 Stat. 1531; Pub. L. 94-
    555, title I, Sec. 108, Oct. 19, 1976, 90 Stat. 2616, provided for
    promulgation and revision of regulations for adequacy of service
    and for maintenance of civil actions for enforcement of provisions.

                         EFFECTIVE DATE OF REPEAL                     
      Repeal effective Oct. 1, 1979, see section 501(a) of Pub. L. 96-
    73.

-End-



-CITE-
    45 USC Secs. 642 to 644                                     01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 14 - RAIL PASSENGER SERVICE
    SUBCHAPTER VIII - MISCELLANEOUS PROVISIONS

-HEAD-
    Secs. 642 to 644. Repealed. Pub. L. 103-272, Sec. 7(b), July 5,
      1994, 108 Stat. 1379

-MISC1-
      Section 642, Pub. L. 91-518, title VIII, Sec. 802, Oct. 30, 1970,
    84 Stat. 1340, prohibited discontinuance of intercity rail
    passenger service other than in accordance with provisions of this
    chapter. See section 24705 of Title 49, Transportation.
      Section 643, Pub. L. 91-518, title VIII, Sec. 803, Oct. 30, 1970,
    84 Stat. 1340, related to separability of provisions of this
    chapter.
      Section 644, Pub. L. 91-518, title VIII, Sec. 805, Oct. 30, 1970,
    84 Stat. 1340; Pub. L. 92-316, Sec. 11, June 22, 1972, 86 Stat.
    233; Pub. L. 93-496, Sec. 11, Oct. 28, 1974, 88 Stat. 1531; Pub. L.
    99-272, title IV, Sec. 4007(a), Apr. 7, 1986, 100 Stat. 108,
    related to records and audit of National Railroad Passenger
    Corporation and certain railroads. See section 24315 of Title 49,
    Transportation.

-End-



-CITE-
    45 USC Sec. 645                                             01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 14 - RAIL PASSENGER SERVICE
    SUBCHAPTER VIII - MISCELLANEOUS PROVISIONS

-HEAD-
    Sec. 645. Repealed. Pub. L. 99-272, title IV, Sec. 4007(b), Apr. 7,
      1986, 100 Stat. 108

-MISC1-
      Section, Pub. L. 91-518, title VIII, Sec. 806, as added Pub. L.
    92-316, Sec. 12, June 22, 1972, 86 Stat. 233, provided for a report
    by Secretary of Transportation to Congress evaluating intercity
    rail passenger service operations.

-End-



-CITE-
    45 USC Secs. 646 to 650c                                    01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 14 - RAIL PASSENGER SERVICE
    SUBCHAPTER VIII - MISCELLANEOUS PROVISIONS

-HEAD-
    Secs. 646 to 650c. Repealed. Pub. L. 103-272, Sec. 7(b), July 5,
      1994, 108 Stat. 1379

-MISC1-
      Section 646, Pub. L. 91-518, title VIII, Sec. 807, as added Pub.
    L. 95-421, Sec. 13, Oct. 5, 1978, 92 Stat. 929, related to
    development and implementation of a Railroad Safety System Program.
    See section 24313 of Title 49, Transportation.
      Section 647, Pub. L. 91-518, title VIII, Sec. 808, as added Pub.
    L. 96-73, title I, Sec. 123, Sept. 29, 1979, 93 Stat. 551, related
    to composition and duties of Employee Compensation and Incentive
    Commission.
      Section 648, Pub. L. 91-518, title VIII, Sec. 809, as added Pub.
    L. 96-73, title I, Sec. 124, Sept. 29, 1979, 93 Stat. 551, related
    to development of Model Job Placement Program to accommodate
    employees displaced by route restructuring.
      Section 649, Pub. L. 91-518, title VIII, Sec. 810, as added Pub.
    L. 101-322, Sec. 3, July 6, 1990, 104 Stat. 295, related to
    incentives for passenger service operating agreements. See section
    26102 of Title 49, Transportation.
      A prior section 649, Pub. L. 91-518, title VIII, Sec. 810, as
    added Pub. L. 96-73, title I, Sec. 125, Sept. 29, 1979, 93 Stat.
    552, provided for a study of payment of taxes by Corporation to
    State and local governments, prior to repeal by Pub. L. 99-272,
    title IV, Sec. 4007(b), Apr. 7, 1986, 100 Stat. 108.
      Section 650, Pub. L. 91-518, title VIII, Sec. 811, as added Pub.
    L. 102-533, Sec. 2, Oct. 27, 1992, 106 Stat. 3515, related to
    elimination of all highway at-grade crossings on main line of the
    Northeast Corridor, except where elimination deemed impracticable
    or unnecessary. See section 24906 of Title 49, Transportation.
      A prior section 650, Pub. L. 91-518, title VIII, Sec. 811, as
    added Pub. L. 96-73, title I, Sec. 126, Sept. 29, 1979, 93 Stat.
    552, provided for a report to Congress on the ratio of revenue to
    expenses, prior to repeal by Pub. L. 99-272, title IV, Sec.
    4007(b), Apr. 7, 1986, 100 Stat. 108.
      Section 650a, Pub. L. 100-342, Sec. 18(g), June 22, 1988, 102
    Stat. 637, related to petitions by National Railroad Passenger
    Corporation seeking relocation or other remedial assistance for
    dangerous conditions, and recommendations by Secretary to Congress
    to fund such measures. See section 24310 of Title 49,
    Transportation.
      Section 650b, Pub. L. 91-518, title VIII, Sec. 812, as added Pub.
    L. 102-533, Sec. 3, Oct. 27, 1992, 106 Stat. 3515, directed
    National Railroad Passenger Corporation to develop and report to
    Congress its plans for experimentation with new technologies. See
    section 24314 of Title 49.
      Section 650c, Pub. L. 91-518, title VIII, Sec. 813, as added Pub.
    L. 102-533, Sec. 9, Oct. 27, 1992, 106 Stat. 3520, directed
    National Railroad Passenger Corporation to assist in and report to
    Congress on high-speed rail corridor development outside the
    Northeast Corridor. See section 24702 of Title 49.

-End-



-CITE-
    45 USC Secs. 650d, 650e                                     01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 14 - RAIL PASSENGER SERVICE
    SUBCHAPTER VIII - MISCELLANEOUS PROVISIONS

-HEAD-
    Secs. 650d, 650e. Repealed. Pub. L. 103-429, Sec. 8(6), Oct. 31,
      1994, 108 Stat. 4390

-MISC1-
      Section 650d, Pub. L. 91-518, title VIII, Sec. 814, as added Pub.
    L. 102-533, Sec. 11, Oct. 27, 1992, 106 Stat. 3520, related to
    formation of task force to consider recommendations on emergency
    training and response and to report to Congress not later than June
    1, 1993.
      Section 650e, Pub. L. 91-518, title VIII, Sec. 815, as added Pub.
    L. 102-533, Sec. 13, Oct. 27, 1992, 106 Stat. 3522, directed
    National Railroad Passenger Corporation to develop comprehensive
    plan for New York City station facilities.

-End-


-CITE-
    45 USC SUBCHAPTER IX - RAIL PASSENGER CORRIDORS             01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 14 - RAIL PASSENGER SERVICE
    SUBCHAPTER IX - RAIL PASSENGER CORRIDORS

-HEAD-
                 SUBCHAPTER IX - RAIL PASSENGER CORRIDORS             

-End-



-CITE-
    45 USC Secs. 651 to 658                                     01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 14 - RAIL PASSENGER SERVICE
    SUBCHAPTER IX - RAIL PASSENGER CORRIDORS

-HEAD-
    Secs. 651 to 658. Repealed. Pub. L. 103-272, Sec. 7(b), July 5,
      1994, 108 Stat. 1379

-MISC1-
      Section 651, Pub. L. 91-518, title X, Sec. 1001, as added Pub. L.
    96-254, title II, Sec. 212, May 30, 1980, 94 Stat. 415; amended H.
    Res. 549, Mar. 25, 1980, required Secretary to develop and submit
    to Congress a proposed method for evaluating rail passenger
    corridors, ranking those with greatest potential.
      Section 652, Pub. L. 91-518, title X, Sec. 1002, as added Pub. L.
    96-254, title II, Sec. 212, May 30, 1980, 94 Stat. 415, directed
    National Railroad Passenger Corporation to develop design and
    engineering plans for rail corridors in consultation with Secretary
    and rail carriers owning facilities to be used in the corridors.
      Section 653, Pub. L. 91-518, title X, Sec. 1003, as added Pub. L.
    96-254, title II, Sec. 212, May 30, 1980, 94 Stat. 416; amended H.
    Res. 549, Mar. 25, 1980, provided for submission of final corridor
    evaluation to Congress.
      Section 654, Pub. L. 91-518, title X, Sec. 1004, as added Pub. L.
    96-254, title II, Sec. 212, May 30, 1980, 94 Stat. 416, directed
    National Railroad Passenger Corporation to acquire equipment
    necessary to provide service in rail passenger corridors.
      Section 655, Pub. L. 91-518, title X, Sec. 1005, as added Pub. L.
    96-254, title II, Sec. 212, May 30, 1980, 94 Stat. 416, directed
    Secretary to encourage private sector development of potential rail
    passenger corridors by removing institutional barriers and
    coordinating funding.
      Section 656, Pub. L. 91-518, title X, Sec. 1006, as added Pub. L.
    96-254, title II, Sec. 212, May 30, 1980, 94 Stat. 417, related to
    speed restrictions imposed on Amtrak trains by State or local
    governments. See section 24702 of Title 49, Transportation.
      Section 657, Pub. L. 91-518, title X, Sec. 1007, as added Pub. L.
    96-254, title II, Sec. 212, May 30, 1980, 94 Stat. 417, related to
    provision of service between corridors to increase ridership. See
    section 24702 of Title 49.
      Section 658, Pub. L. 91-518, title X, Sec. 1008, as added Pub. L.
    96-254, title II, Sec. 212, May 30, 1980, 94 Stat. 417, authorized
    appropriations for evaluation of corridors, acquisition of
    equipment, and private sector development.

-End-


-CITE-
    45 USC CHAPTER 15 - EMERGENCY RAIL SERVICES                 01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 15 - EMERGENCY RAIL SERVICES

-HEAD-
                   CHAPTER 15 - EMERGENCY RAIL SERVICES               

-MISC1-
    Sec.                                                     
    661.        Definitions.                                          
    662.        Guarantee of certificates.                            
                  (a)  Authority of Secretary; prerequisites;
                        procedures; waiver.                           
                  (b)  Conditions to guarantee.                       
                  (c)  Certificate as administrative expense; priority
                        of certificate.                               
                  (d)  Interest rate; date of maturity; other terms
                        and conditions.                               
                  (e)  Maximum aggregate principal amount outstanding.
                  (f)  Rules and regulations.                         
    663.        Inspection of accounts, books, etc., of railroad
                 receiving financial assistance.                      
    664.        Issuance of obligations to Secretary of the Treasury. 
                  (a)  Forms and denominations; maturity dates; terms
                        and conditions; interest rate; purchase and
                        sale of obligations by Secretary of the
                        Treasury; authorization of appropriations.    
                  (b)  Revocation of guarantee; legal effect of
                        guarantee; validity and incontestability of
                        guaranteed certificate.                       
                  (c)  Enforcement by Attorney General of rights
                        accruing to United States because of
                        guarantee.                                    
    665.        Utilization of services and facilities of Federal
                 departments and agencies; reimbursement; consultation
                 with Board; coordination of activities with Federal
                 departments and agencies.                            
    666.        Court supervision of expenditures; findings; report to
                 Secretary.                                           
    667.        Audit by Comptroller General; report to Congress.     
    668.        Guarantee fees; amount; deposit.                      
    669.        Repealed.                                             

-End-



-CITE-
    45 USC Sec. 661                                             01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 15 - EMERGENCY RAIL SERVICES

-HEAD-
    Sec. 661. Definitions

-STATUTE-
      For the purposes of this chapter - 
      (1) "Secretary" means the Secretary of Transportation.
      (2) "Board" means the Surface Transportation Board.
      (3) "Railroad" means any rail carrier subject to part A of
    subtitle IV of title 49.
      (4) "Certificate" means certificates issued by trustees of a
    railroad pursuant to subsection 77(c)(3) of the Bankruptcy Act, as
    amended.

-SOURCE-
    (Pub. L. 91-663, Sec. 2, Jan. 8, 1971, 84 Stat. 1975; Pub. L. 104-
    88, title III, Sec. 325(1), Dec. 29, 1995, 109 Stat. 951.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 77(c)(3) of the Bankruptcy Act, referred to in par. (4),
    was classified to section 205(c)(3) of former Title 11, Bankruptcy.
    The Bankruptcy Act (act July 1, 1898, ch. 541, 30 Stat. 544, as
    amended) was repealed effective Oct. 1, 1979, by Pub. L. 95-598,
    Secs. 401(a), 402(a), Nov. 6, 1978, 92 Stat. 2682, section 101 of
    which enacted revised Title 11. For current provisions relating to
    railroad reorganization, see subchapter IV (Sec. 1161 et seq.) of
    chapter 11 of Title 11.


-MISC1-
                                AMENDMENTS                            
      1995 - Par. (2). Pub. L. 104-88, Sec. 325(1)(A), added par. (2)
    and struck out former par. (2) which read as follows: "
    'Commission' means the Interstate Commerce Commission."
      Par. (3). Pub. L. 104-88, Sec. 325(1)(B), substituted "rail
    carrier subject to part A of subtitle IV of title 49" for "common
    carrier by railroad subject to part I of the Interstate Commerce
    Act (49 U.S.C. 1-27)".

                     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.

                                SHORT TITLE                            
      Section 1 of Pub. L. 91-663 provided: "That this Act [enacting
    this chapter] may be cited as the 'Emergency Rail Services Act of
    1970'."

-End-



-CITE-
    45 USC Sec. 662                                             01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 15 - EMERGENCY RAIL SERVICES

-HEAD-
    Sec. 662. Guarantee of certificates

-STATUTE-
    (a) Authority of Secretary; prerequisites; procedures; waiver
      The trustees of any railroad undergoing reorganization under
    section 77 of the Bankruptcy Act, as amended, upon approval of the
    court, may apply to the Secretary for the guarantee of
    certificates. The Secretary, after consultation with the Board, is
    authorized to guarantee such certificates upon findings in writing
    that - 
        (1) cessation of essential transportation services by the
      railroad would endanger the public welfare;
        (2) cessation of such services is imminent;
        (3) there is no other practicable means of obtaining funds to
      meet payroll and other expenses necessary to provide such
      services than the issuance of such certificates;
        (4) such certificates cannot be sold without a guarantee;
        (5) the railroad can reasonably be expected to become self-
      sustaining; and
        (6) the probable value of the assets of the railroad in the
      event of liquidation provides reasonable protection to the United
      States.

    The Secretary shall publish notice of his intention to make such
    finding in the Federal Register not less than fifteen days prior to
    such finding, give interested persons, including agencies of the
    Federal Government, an opportunity to submit written data, views,
    or arguments (with or without opportunity for oral presentation),
    and give consideration to the relevant matter presented. The
    Secretary for good cause shown and upon a finding that
    extraordinary circumstances warrant doing so may waive the
    requirements of the preceding sentence. Notwithstanding any other
    provision of this section, the Secretary, in guaranteeing
    certificates under this section, is authorized to waive the
    findings required by paragraphs (1), (5), and (6) of this
    subsection.
    (b) Conditions to guarantee
      As a condition to a guarantee, the Secretary, after consultation
    with the Board, shall require that:
        (1) the proceeds of the sale of certificates guaranteed under
      this chapter, will be used solely for meeting payroll and other
      expenses which, if not met, would preclude continued provision of
      essential transportation services by the railroad;
        (2) other revenues of the railroad will be used, to the fullest
      extent possible, for such expenses;
        (3) proceeds from the sale of assets will be devoted to the
      fullest extent possible to the provision of essential
      transportation services by the railroad; and
        (4) in the event of actual or threatened cessation of essential
      transportation services by the railroad, the Secretary shall have
      the option to procure by purchase or lease trackage rights over
      the lines of the railroad and such equipment as may be necessary
      to provide such services by the Secretary or his assignee, and,
      in the event of a default in the payment of principal or interest
      as provided by the certificates, the money paid or expenses
      incurred by the United States as a result thereof shall be deemed
      to have been applied to the purchase or lease price. The terms of
      purchase or lease shall be subject to the approval of the
      reorganization court and the operation over the lines shall be
      subject to the approval of the Board pursuant to subchapter II of
      chapter 113 of title 49, but in no event shall the rendition of
      services by the Secretary or his assignee await the outcome of
      proceedings before the reorganization court or the Board.
    (c) Certificate as administrative expense; priority of certificate
      The Secretary shall not guarantee any certificate under this
    section unless such certificate is treated as an expense of
    administration and receives the highest lien on the railroad's
    property and priority in payment under the Bankruptcy Act, except
    that this subsection shall not apply to certificates guaranteed for
    a railroad that is actively engaged in restructuring, as defined by
    the Secretary. For purposes of this subsection, the term
    "restructuring" includes an employee ownership plan or an employee-
    shipper ownership plan.
    (d) Interest rate; date of maturity; other terms and conditions
      A certificate under this chapter shall bear interest at such per
    annum rate as the Secretary deems reasonable, taking into account
    the range of interest rates prevailing in the private market for
    similar loans and the risks assumed by the Federal Government; nor
    may its maturity date, including all extensions and renewals
    thereof, be later than fifteen years from the date of original
    issuance. The Secretary may prescribe such other terms and
    conditions as he deems appropriate. In each case, the Secretary
    shall consider the feasibility of requiring the railroad to dispose
    of nonrailroad assets as a condition to a guarantee.
    (e) Maximum aggregate principal amount outstanding
      At any one time the outstanding aggregate principal amount of all
    certificates guaranteed under this chapter shall not exceed
    $200,000,000.
    (f) Rules and regulations
      The Secretary shall issue such rules and regulations as are
    appropriate to carry out the authority granted by this chapter.

-SOURCE-
    (Pub. L. 91-663, Sec. 3, Jan. 8, 1971, 84 Stat. 1975; Pub. L. 95-
    598, title III, Sec. 333, Nov. 6, 1978, 92 Stat. 2679; Pub. L. 95-
    611, Sec. 3(b), Nov. 8, 1978, 92 Stat. 3089; Pub. L. 96-86, Sec.
    115(a), Oct. 12, 1979, 93 Stat. 662; Pub. L. 96-101, Sec. 7(a)-(c),
    Nov. 4, 1979, 93 Stat. 739, 740; Pub. L. 104-88, title III, Sec.
    325(2), Dec. 29, 1995, 109 Stat. 951.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Bankruptcy Act, referred to in subsecs. (a) and (c), is act
    July 1, 1898, ch. 541, 30 Stat. 544, as amended, which was
    classified generally to former Title 11, Bankruptcy. Section 77 of
    this Act was classified to section 205 of former Title 11. The Act
    was repealed effective Oct. 1, 1979, by Pub. L. 95-598, Secs.
    401(a), 402(a), Nov. 6, 1978, 92 Stat. 2682, section 101 of which
    enacted revised Title 11. For current provisions relating to
    railroad reorganization, see subchapter IV (Sec. 1161 et seq.) of
    chapter 11 of Title 11.


-MISC1-
                                AMENDMENTS                            
      1995 - Subsec. (a). Pub. L. 104-88, Sec. 325(2)(B), substituted
    "Board" for "Commission" in introductory provisions.
      Subsec. (b). Pub. L. 104-88 substituted "Board" for "Commission"
    wherever appearing and "subchapter II of chapter 113 of title 49"
    for "the provisions of section 5 of the Interstate Commerce Act" in
    par. (4).
      1979 - Subsec. (a). Pub. L. 96-101, Sec. 7(a), struck out "upon a
    finding that the guarantee of certificates is necessary in order
    for a railroad which has received continued loan advances, pursuant
    to section 721(d)(1) of this title, to maintain rail services in
    the region (as such term is defined in section 702(15) of this
    title)" after "of this subsection" and provision requiring that
    Secretary not make any waiver under preceding sentence after Dec.
    31, 1979.
      Subsec. (c). Pub. L. 96-101, Sec. 7(b), added subsec. (c). Former
    subsec. (c) was repealed by Pub. L. 95-598. See 1978 Amendment note
    below.
      Subsec. (e). Pub. L. 96-101, Sec. 7(c), substituted
    "$200,000,000" for "$125,000,000" and struck out provision
    requiring that with respect to a railroad which filed a petition
    for reorganization during fiscal year 1978, during period Oct. 1,
    1979, through Nov. 30, 1979, certificates be issued without regard
    to limitations of subsec. (a) of this section and with such
    priority in payment as Secretary deems appropriate to secure
    repayment, for purpose of continuing service on railroad system at
    level in effect on Oct. 1, 1979.
      Pub. L. 96-86 provided that, with respect to a railroad which
    filed a petition for reorganization during fiscal year 1978, during
    period Oct. 1, 1979, through Nov. 30, 1979, certificates shall be
    issued without regard to limitations of subsec. (a) of this section
    and with such priority in payment as Secretary deems appropriate to
    secure repayment, for purpose of continuing service on railroad
    system at level in effect on Oct. 1, 1979.
      1978 - Subsec. (a). Pub. L. 95-611 inserted provision authorizing
    Secretary to waive requirements of paragraphs (1), (5), and (6) of
    subsec. (a) until Dec. 31, 1979.
      Subsec. (c). Pub. L. 95-598 struck out subsec. (c) which related
    to treatment of a certificate as an administrative expense and
    priority of the certificate.

                     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 1978 AMENDMENT                 
      Amendment by Pub. L. 95-598 effective Oct. 1, 1979, see section
    402(a) of Pub. L. 95-598, set out as an Effective Date note
    preceding section 101 of Title 11, Bankruptcy.

-End-



-CITE-
    45 USC Sec. 663                                             01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 15 - EMERGENCY RAIL SERVICES

-HEAD-
    Sec. 663. Inspection of accounts, books, etc., of railroad
      receiving financial assistance

-STATUTE-
      The Secretary is authorized to, and shall as necessary, inspect
    and copy all accounts, books, records, memorandums, correspondence,
    and other documents of any railroad which has received financial
    assistance under this chapter concerning any matter which may bear
    upon (1) the ability of such railroad to repay the loan within the
    time fixed therefor, (2) the interest of the United States in the
    property of such railroad, and (3) to insure that the purpose of
    this chapter is being carried out.

-SOURCE-
    (Pub. L. 91-663, Sec. 4, Jan. 8, 1971, 84 Stat. 1976.)

-End-



-CITE-
    45 USC Sec. 664                                             01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 15 - EMERGENCY RAIL SERVICES

-HEAD-
    Sec. 664. Issuance of obligations to Secretary of the Treasury

-STATUTE-
    (a) Forms and denominations; maturity dates; terms and conditions;
      interest rate; purchase and sale of obligations by Secretary of
      the Treasury; authorization of appropriations
      To enable the Secretary to carry out his rights and
    responsibilities under section 662 of this title, he is authorized
    to issue to the Secretary of the Treasury notes or other
    obligations in such forms and denominations, bearing such
    maturities, and subject to such terms and conditions, as may be
    prescribed by the Secretary with the approval of the Secretary of
    the Treasury. Such notes or other obligations shall bear interest
    at a rate determined by the Secretary of the Treasury, taking into
    consideration the current average market yield on outstanding
    marketable obligations of the United States of comparable
    maturities during the month preceding the issuance of the notes or
    other obligations. The Secretary of the Treasury shall purchase any
    notes and other obligations issued hereunder and for that purpose
    he is authorized to use as a public debt transaction the proceeds
    from the sale of any securities issued under chapter 31 of title
    31, and the purposes for which securities may be issued under that
    chapter are extended to include any purchase of such notes and
    obligations. The Secretary of the Treasury may at any time sell any
    of the notes or other obligations acquired by him under this
    subsection. All redemptions, purchases, and sales by the Secretary
    of the Treasury of such notes or other obligations shall be treated
    as public debt transactions of the United States. There are
    authorized to be appropriated to the Secretary such sums as may be
    necessary to pay the principal and interest on the notes or
    obligations issued by him to the Secretary of the Treasury.
    (b) Revocation of guarantee; legal effect of guarantee; validity
      and incontestability of guaranteed certificate
      Any guarantee made by the Secretary under this chapter shall not
    be terminated, canceled, or otherwise revoked, except as provided
    by the terms and conditions prescribed by the Secretary under
    section 662(d) of this title; shall be conclusive evidence that
    such guarantee complies fully with the provisions of this chapter,
    and of the approval and legality of the principal amount, interest
    rate, and all other terms of the certificates and the guarantee;
    and shall be valid and incontestable in the hands of a holder of a
    guaranteed certificate except for fraud or material
    misrepresentation on the part of such holder.
    (c) Enforcement by Attorney General of rights accruing to United
      States because of guarantee
      The Attorney General shall take such action as may be appropriate
    to enforce any right accruing to the United States by reason of its
    having paid money or incurred expenses as a result of making such
    guarantees.

-SOURCE-
    (Pub. L. 91-663, Sec. 5, Jan. 8, 1971, 84 Stat. 1976.)

-COD-
                               CODIFICATION                           
      In subsec. (a), "chapter 31 of title 31" and "that chapter"
    substituted for "the Second Liberty Bond Act, as amended" and "that
    Act, as amended,", respectively, on authority of Pub. L. 97-258,
    Sec. 4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of
    which enacted Title 31, Money and Finance.

-End-



-CITE-
    45 USC Sec. 665                                             01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 15 - EMERGENCY RAIL SERVICES

-HEAD-
    Sec. 665. Utilization of services and facilities of Federal
      departments and agencies; reimbursement; consultation with Board;
      coordination of activities with Federal departments and agencies

-STATUTE-
      (a) In carrying out the provisions of this chapter the Secretary
    may use available services and facilities of other departments,
    agencies, and instrumentalities of the Federal Government with
    their consent and on a reimbursable basis, and shall consult with
    the Board in carrying out the provisions of this chapter.
      (b) Departments, agencies, and instrumentalities of the Federal
    Government shall exercise their powers, duties, and functions in
    such manner as will assist in carrying out the provisions of this
    chapter.

-SOURCE-
    (Pub. L. 91-663, Sec. 6, Jan. 8, 1971, 84 Stat. 1977; Pub. L. 104-
    88, title III, Sec. 325(3), Dec. 29, 1995, 109 Stat. 951.)


-MISC1-
                                AMENDMENTS                            
      1995 - Subsec. (a). Pub. L. 104-88 substituted "Board" for
    "Interstate Commerce Commission".

                     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.

-End-



-CITE-
    45 USC Sec. 666                                             01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 15 - EMERGENCY RAIL SERVICES

-HEAD-
    Sec. 666. Court supervision of expenditures; findings; report to
      Secretary

-STATUTE-
      In addition to other duties prescribed by section 77 of the
    Bankruptcy Act, the court shall maintain supervision of the
    expenditure of funds obtained pursuant to section 662 of this title
    for the purpose of assuring that such funds are used solely for
    purposes set forth in subsection (b) of such section, shall make
    periodic findings regarding such expenditures, and shall report
    those findings to the Secretary.

-SOURCE-
    (Pub. L. 91-663, Sec. 7, Jan. 8, 1971, 84 Stat. 1977.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 77 of the Bankruptcy Act, referred to in text, was
    classified to section 205 of former Title 11, Bankruptcy. The
    Bankruptcy Act (act July 1, 1898, ch. 541, 30 Stat. 544, as
    amended) was repealed effective Oct. 1, 1979, by Pub. L. 95-598,
    Secs. 401(a), 402(a), Nov. 6, 1978, 92 Stat. 2682, section 101 of
    which enacted revised Title 11. For current provisions relating to
    railroad reorganization, see subchapter IV (Sec. 1161 et seq.) of
    chapter 11 of Title 11.

-End-



-CITE-
    45 USC Sec. 667                                             01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 15 - EMERGENCY RAIL SERVICES

-HEAD-
    Sec. 667. Audit by Comptroller General; report to Congress

-STATUTE-
      The Comptroller General of the United States, or any of his duly
    authorized representatives, shall have access to such information,
    books, records, and documents as he determines necessary
    effectively to audit financial transactions and operations carried
    out by the Secretary in the administration of this chapter. The
    Comptroller General shall make such reports to the Congress on the
    results of any such audits as are appropriate.

-SOURCE-
    (Pub. L. 91-663, Sec. 8, Jan. 8, 1971, 84 Stat. 1977.)

-End-



-CITE-
    45 USC Sec. 668                                             01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 15 - EMERGENCY RAIL SERVICES

-HEAD-
    Sec. 668. Guarantee fees; amount; deposit

-STATUTE-
      The Secretary shall prescribe a guarantee fee in connection with
    each loan guaranteed under this chapter which shall be collected
    from the railroad upon repayment of the loan guaranteed. Such fee
    shall be in an amount that the Secretary estimates to be necessary
    to cover the administrative costs of carrying out the provisions of
    this chapter with respect to such loan. Sums realized from such
    fees shall be deposited in the Treasury as miscellaneous receipts.

-SOURCE-
    (Pub. L. 91-663, Sec. 9, Jan. 8, 1971, 84 Stat. 1978.)

-End-



-CITE-
    45 USC Sec. 669                                             01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 15 - EMERGENCY RAIL SERVICES

-HEAD-
    Sec. 669. Repealed. Pub. L. 97-375, title I, Sec. 111(e), Dec. 21,
      1982, 96 Stat. 1821

-MISC1-
      Section, Pub. L. 91-663, Sec. 10, Jan. 8, 1971, 84 Stat. 1978;
    Pub. L. 96-470, title I, Sec. 112(h), Oct. 19, 1980, 94 Stat. 2240,
    directed the Secretary to make a report to the President and
    Congress on financial condition of each railroad except Central
    Railroad Company of New Jersey and Penn Central Transportation
    Company, having a loan guaranteed under this chapter ninety days
    after the making of such guarantee and annually thereafter
    throughout existence of such loan.

-End-


-CITE-
    45 USC CHAPTER 16 - REGIONAL RAIL REORGANIZATION            01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 16 - REGIONAL RAIL REORGANIZATION

-HEAD-
                 CHAPTER 16 - REGIONAL RAIL REORGANIZATION             


-MISC1-
                     SUBCHAPTER I - GENERAL PROVISIONS                 
    Sec.                                                     
    701.        Congressional declaration of policy.                  
                  (a)  Findings.                                      
                  (b)  Purposes.                                      
    702.        Definitions.                                          

             SUBCHAPTER II - UNITED STATES RAILWAY ASSOCIATION         
    711.        Formation and structure.                              
                  (a)  Establishment.                                 
                  (b)  Administration.                                
                  (c)  Status.                                        
                  (d)  Board of Directors.                            
                  (e)  Term of office.                                
                  (f)  Quorum.                                        
                  (g)  Assumption of Finance Committee functions.     
                  (h)  Representation at meetings.                    
                  (i)  Miscellaneous.                                 
                  (j)  Use of names.                                  
    712.        Functions of Association.                             
                  (a)  General.                                       
                  (b)  Investment of funds.                           
                  (c)  Exemption from taxation.                       
                  (d)  Reports.                                       
                  (e)  Budget.                                        
                  (f)  Accountability.                                
                  (g)  Transfer of litigation.                        
                  (h)  Transfer of other functions.                   
                  (i)  Monitoring of contractors.                     
    713.        Access to information.                                
    714, 715.   Omitted or Repealed.                                  
    716.        Final system plan.                                    
                  (a)  Goals.                                         
                  (b)  Factors.                                       
                  (c)  Designations.                                  
                  (d)  Transfers.                                     
                  (e)  Corporation features.                          
                  (f)  Value.                                         
                  (g)  Other provisions.                              
                  (h)  Obligational authority.                        
                  (i)  Terms and conditions for securities.           
                  (j)  Additional properties deemed designated.       
    717.        Adoption of final system plan.                        
                  (a)  Preliminary system plan.                       
                  (b)  Approval.                                      
                  (c)  Adoption.                                      
                  (d)  Review of Commission.                          
    718.        Review by Congress.                                   
                  (a)  General.                                       
                  (b)  Revised plan.                                  
                  (c)  Computation.                                   
                  (d)  Additions.                                     
    719.        Judicial review.                                      
                  (a)  General.                                       
                  (b)  Special court.                                 
                  (c)  Delivery of plan to special court.             
                  (d)  Bankruptcy courts.                             
                  (e)  Original and exclusive jurisdiction.           
                  (f)  Disposition of cash deposits.                  
                  (g)  Stay of court proceedings.                     
    720.        Obligations of Association.                           
                  (a)  General.                                       
                  (b)  Maximum obligational authority.                
                  (c)  Guarantees.                                    
                  (d)  Validity.                                      
                  (e)  The Secretary of the Treasury.                 
                  (f)  Authorization for appropriations.              
                  (g)  Lawful investments.                            
    721.        Loans.                                                
                  (a)  General.                                       
                  (b)  Applications.                                  
                  (c)  Terms and conditions.                          
                  (d)  Modifications.                                 
                  (e)  Prerequisites.                                 
                  (f)  Policy.                                        
                  (g)  Pre-conveyance loans to Corporation.           
                  (h)  Loans for payment of obligations.              
    722.        Records, audit, and examination.                      
                  (a)  Records.                                       
                  (b)  Audit and examination.                         
    723.        Emergency assistance pending implementation.          
                  (a)  Emergency assistance.                          
                  (b)  Authorization of appropriations.               
    724.        Authorization of appropriations.                      
                  (a)  Secretary.                                     
                  (b)  Office.                                        
                  (c)  Association.                                   
    725.        Interim agreements.                                   
                  (a)  Purposes.                                      
                  (b)  Conditions.                                    
                  (c)  Obligations.                                   
                  (d)  Conveyance.                                    
    726.        Debentures and series A preferred stock.              
                  (a)  General.                                       
                  (b)  Purposes and procedure for investment.         
                  (c)  Finding, direction, and review by Congress.    
                  (d)  Terms and conditions.                          
                  (e)  Modifications, waivers, and conversions.       
                  (f)  Employee stock ownership plan.                 
                  (g)  Authorization of appropriations;
                        reappropriation of funds.                     
    727.        Additional purchases of Series A preferred stock.     
                  (a)  Federal investment.                            
                  (b)  Accounts receivable.                           
                  (c)  States and localities.                         
                  (d)  Debentures.                                    
                  (e)  Rights retained.                               
                  (f)  Authorization of appropriations.               
    728.        Reports to Congress.                                  
                  (a)  Progress and evaluation.                       
                  (b)  Transfer agreements.                           
    729.        Advisory Board.                                       

              SUBCHAPTER III - CONSOLIDATED RAIL CORPORATION          
    741.        Formation and structure.                              
                  (a)  Establishment.                                 
                  (b)  Status.                                        
                  (c)  Incorporators.                                 
                  (d)  Board of Directors.                            
                  (e)  Initial capitalization.                        
                  (f)  Officers.                                      
                  (g)  Voting trustees.                               
                  (h)  Annual report.                                 
                  (i)  Liability of directors.                        
                  (j)  Signal systems.                                
                  (k)  Governing provisions after sale.               
    742.        Powers and duties of Corporation.                     
    743.        Valuation and conveyance of rail properties.          
                  (a)  Deposit with court.                            
                  (b)  Conveyance of rail properties.                 
                  (c)  Findings and distribution.                     
                  (d)  Appeal.                                        
                  (e)  Transfer and other taxes and recording fees.   
    744.        Termination and continuation of rail services.        
                  (a)  Discontinuance.                                
                  (b)  Abandonment.                                   
                  (c)  Continuation of rail services.                 
                  (d)  Rail freight service.                          
                  (e)  Rail passenger service.                        
                  (f)  Purchase.                                      
                  (g)  Abandonment by Corporation.                    
                  (h)  Interim abandonment.                           
                  (i)  Disposition of designated rail properties.     
    744a.       End of Conrail commuter service obligation.           
    745.        Continuing reorganization; supplemental transactions. 
                  (a)  Proposals.                                     
                  (b)  Evaluation by Association.                     
                  (c)  Review by Commission.                          
                  (d)  Special court proceedings.                     
                  (e)  "Fair and equitable" defined.                  
                  (f)  Expedited proposals.                           
                  (g)  Transfer of properties and freight service
                        obligations of specific lines.                
    746.        Certificates of value.                                
                  (a)  General.                                       
                  (b)  Number and distribution.                       
                  (c)  Redemption.                                    
                  (d)  Authorization of appropriations.               
    747.        Protection of Federal funds.                          
                  (a)  Audit.                                         
                  (b)  Report.                                        
                  (c)  Monitoring of Corporation.                     
    748.        Abandonments.                                         
                  (a)  General.                                       
                  (b)  Applications for abandonment.                  
                  (c)  Notice of insufficient revenues.               
                  (d)  Offers of financial assistance.                
                  (e)  Liquidation.                                   
                  (f)  Employee protection.                           

               SUBCHAPTER IV - TRANSFER OF FREIGHT SERVICES           
    761 to 769c. Repealed.                                            

                    SUBCHAPTER V - EMPLOYEE PROTECTION                
    771 to 780. Repealed.                                             

                 SUBCHAPTER VI - MISCELLANEOUS PROVISIONS             
    791.        Relationship to other laws.                           
                  (a)  Antitrust.                                     
                  (b)  Commerce, securities, and bankruptcy.          
                  (c)  Environment.                                   
                  (d)  Northeast Corridor.                            
    792, 793.   Repealed.                                             
    794.        Tax payments to States.                               

                 SUBCHAPTER VII - PROTECTION OF EMPLOYEES             
    797.        Repealed.                                             
    797a.       Termination allowance.                                
                  (a)  General.                                       
                  (b)  Employment needs.                              
                  (c)  Notification and separation procedure.         
                  (d)  Designated separations.                        
                  (e)  Effect on positions.                           
                  (f)  Procedures.                                    
                  (g)  Commuter employees.                            
    797b.       Preferential hiring.                                  
                  (a)  General.                                       
                  (b)  Status.                                        
    797c.       Central register of railroad employment.              
                  (a)  Register.                                      
                  (b)  Corporation employees.                         
                  (c)  Vacancy notices; warning; civil penalty.       
                  (d)  Placement.                                     
                  (e)  Employment applications.                       
                  (f)  Expiration.                                    
                  (g)  Resolution of disputes.                        
    797d.       Election and treatment of benefits.                   
                  (a)  Election.                                      
                  (b)  Treatment of benefits.                         
    797e.       Assignment of work.                                   
                  (a)  General.                                       
                  (b)  Expiration.                                    
    797f.       Contracting out.                                      
    797g.       New collective-bargaining agreements.                 
                  (a)  Agreement.                                     
                  (b)  Procedure.                                     
                  (c)  Railway Labor Act notices.                     
    797h.       Employee and personal injury claims.                  
                  (a)  Liability for employee claims.                 
                  (b)  Assumption of personal injury claims.          
    797i.       Limitations on liability.                             
                  (a)  Federal Government.                            
                  (b)  The Corporation.                               
    797j.       Preemption.                                           
    797k.       Factfinding panel.                                    
                  (a)  Purpose.                                       
                  (b)  National Mediation Board.                      
                  (c)  Other functions.                               
    797l.       Class II railroads receiving Federal assistance.      
    797m.       Arbitration.                                          

-End-


-CITE-
    45 USC SUBCHAPTER I - GENERAL PROVISIONS                    01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 16 - REGIONAL RAIL REORGANIZATION
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
                     SUBCHAPTER I - GENERAL PROVISIONS                 

-End-



-CITE-
    45 USC Sec. 701                                             01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 16 - REGIONAL RAIL REORGANIZATION
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 701. Congressional declaration of policy

-STATUTE-
    (a) Findings
      The Congress finds and declares that - 
        (1) Essential rail service in the midwest and northeast region
      of the United States is provided by railroads which are today
      insolvent and attempting to undergo reorganization under the
      Bankruptcy Act.
        (2) This essential rail service is threatened with cessation or
      significant curtailment because of the inability of the trustees
      of such railroads to formulate acceptable plans for
      reorganization. This rail service is operated over rail
      properties which were acquired for a public use, but which have
      been permitted to deteriorate and now require extensive
      rehabilitation and modernization.
        (3) The public convenience and necessity require adequate and
      efficient rail service in this region and throughout the Nation
      to meet the needs of commerce, the national defense, the
      environment, and the service requirements of passengers, United
      States mail, shippers, States and their political subdivisions,
      and consumers.
        (4) Continuation and improvement of essential rail service in
      this region is also necessary to preserve and maintain adequate
      national rail services and an efficient national rail
      transportation system.
        (5) Rail service and rail transportation offer economic and
      environmental advantages with respect to land use, air pollution,
      noise levels, energy efficiency and conservation, resource
      allocation, safety, and cost per ton-mile of movement to such
      extent that the preservation and maintenance of adequate and
      efficient rail service is in the national interest.
        (6) These needs cannot be met without substantial action by the
      Federal Government.
    (b) Purposes
      It is therefore declared to be the purpose of Congress in this
    chapter to provide for - 
        (1) the identification of a rail service system in the midwest
      and northeast region which is adequate to meet the needs and
      service requirements of this region and of the national rail
      transportation system;
        (2) the reorganization of railroads in this region into an
      economically viable system capable of providing adequate and
      efficient rail service to the region;
        (3) the establishment of the United States Railway Association,
      with enumerated powers and responsibilities;
        (4) the establishment of the Consolidated Rail Corporation,
      with enumerated powers and responsibilities;
        (5) assistance to States and local and regional transportation
      authorities for continuation of local rail services threatened
      with cessation; and
        (6) necessary Federal financial assistance at the lowest
      possible cost to the general taxpayer.

-SOURCE-
    (Pub. L. 93-236, title I, Sec. 101, Jan. 2, 1974, 87 Stat. 986.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Bankruptcy Act, referred to in subsec. (a)(1), is act July 1,
    1898, ch. 541, 30 Stat. 544, as amended, which was classified
    generally to former Title 11, Bankruptcy. The Act was repealed
    effective Oct. 1, 1979, by Pub. L. 95-598, Secs. 401(a), 402(a),
    Nov. 6, 1978, 92 Stat. 2682, section 101 of which enacted revised
    Title 11. For current provisions relating to railroad
    reorganization, see subchapter IV (Sec. 1161 et seq.) of chapter 11
    of Title 11.


-MISC1-
                       SHORT TITLE OF 1978 AMENDMENT                   
      Pub. L. 95-565, Sec. 1, Nov. 1, 1978, 92 Stat. 2397, provided:
    "That this Act [amending sections 726, 747, and 825 of this title
    and section 975 of Title 43, Public Lands, and enacting provision
    set out as a note under section 975 of Title 43] may be cited as
    the 'United States Railway Association Amendments Act of 1978'."

                       SHORT TITLE OF 1976 AMENDMENT                   
      Pub. L. 94-555, title II, Sec. 201, Oct. 19, 1976, 90 Stat. 2616,
    provided that: "This title [amending sections 702, 711, 716, 720,
    721, 743, 744, 771, 774, 775, 779, 823, 824, 825, 826, 829, 831,
    and 854 of this title, section 960 of Title 20, Education, sections
    1a, 5, 5c, 13, 15, 17, 22, 26c, and 1653 of former Title 49,
    Transportation, and enacting provisions set out as notes under
    section 80a-3 of Title 15, Commerce and Trade, and sections 1a and
    1654 of former Title 49] may be cited as the 'Rail Amendments of
    1976'."

                       SHORT TITLE OF 1975 AMENDMENT                   
      Pub. L. 94-5, Sec. 1, Feb. 28, 1975, 89 Stat. 7, provided: "That
    this Act [enacting section 794 of this title and amending sections
    712, 715, 716, 717, 721, 723, 725, and 743 of this title] may be
    cited as the 'Regional Rail Reorganization Act Amendments of
    1975'."

                                SHORT TITLE                            
      Section 1 of Pub. L. 93-236 provided in part that this Act
    [enacting this chapter and amending section 856 of former Title 31,
    Money and Finance, and section 1(16) of former Title 49,
    Transportation], may be cited as the "Regional Rail Reorganization
    Act of 1973".

                               SEPARABILITY                           
      Section 604 of Pub. L. 93-236 provided that: "If any provision of
    this Act [enacting this chapter and amending section 856 of former
    Title 31, Money and Finance, and section 1(16) of former Title 49,
    Transportation] or the application thereof to any person or
    circumstances is held invalid, the remainder of this Act and the
    application of such provision to other persons or circumstances
    shall not be affected thereby."


-TRANS-
      ABOLITION OF UNITED STATES RAILWAY ASSOCIATION AND TRANSFER OF
                         FUNCTIONS AND SECURITIES
      See section 1341 of this title.

-End-



-CITE-
    45 USC Sec. 702                                             01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 16 - REGIONAL RAIL REORGANIZATION
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 702. Definitions

-STATUTE-
      As used in this chapter, unless the context otherwise requires - 
        (1) "Association" means the United States Railway Association,
      established under section 711 of this title;
        (2) "Commission" means the Interstate Commerce Commission;
        (3) "Commuter authority" means any State, local, or regional
      authority, corporation, or other entity established for purposes
      of providing commuter service, and includes the Metropolitan
      Transportation Authority, the Connecticut Department of
      Transportation, the Maryland Department of Transportation, the
      Southeastern Pennsylvania Transportation Authority, the New
      Jersey Transit Corporation, the Massachusetts Bay Transportation
      Authority, the Port Authority Trans-Hudson Corporation, any
      successor agencies, and any entity created by one or more such
      agencies for the purpose of operating, or contracting for the
      operation of, commuter service;
        (4) "Commuter service" means short-haul rail passenger service
      operated in metropolitan and suburban areas, whether within or
      across the geographical boundaries of a State, usually
      characterized by reduced fare, multiple-ride, and commutation
      tickets, and by morning and evening peak period operations;
        (5) "Corporation" means the Consolidated Rail Corporation
      required to be established under section 741 of this title or its
      successor by merger, consolidation or other form of succession
      carried out under applicable law for the purpose of changing the
      State of its incorporation;
        (6) "effective date of the final system plan" means the date on
      which the final system plan or any revised final system plan is
      deemed approved by Congress, in accordance with section 718 of
      this title;
        (7) "employee stock ownership plan" means a technique of
      corporate finance that uses a stock bonus trust or a company
      stock money purchase pension trust which qualifies under section
      401(a) of title 26 in connection with the financing of corporate
      improvements, transfers in the ownership of corporate assets, and
      other capital requirements of a corporation and which is designed
      to build beneficial equity ownership of shares in the employer
      corporation into its employees substantially in proportion to
      their relative incomes, without requiring any cash outlay, any
      reduction in pay or other employee benefits, or the surrender of
      any other rights on the part of such employees;
        (8) "final system plan" means the plan of reorganization for
      the restructure, rehabilitation, and modernization of railroads
      in reorganization prepared pursuant to section 716 of this title
      and approved pursuant to section 718 of this title;
        (9) "Finance Committee" means the Finance Committee of the
      Board of Directors of the Association established under section
      711(i) (!1) of this title;

        (10) "includes" and variants thereof should be read as if the
      phrase "but is not limited to" were also set forth;
        (11) "local or regional transportation authority" includes a
      political subdivision of a State.(!2)

        (12) "Office" means the Rail Services Planning Office
      established under section 10361 (!1) of title 49;
        (13) "profitable railroad" means a railroad which is not a
      railroad in reorganization. The term does not include the
      Corporation, the National Railroad Passenger Corporation, or a
      railroad leased, operated, or controlled by a railroad in
      reorganization in the region;
        (14) "rail properties" means assets or rights owned, leased, or
      otherwise controlled by a railroad (or a person owned, leased, or
      otherwise controlled by a railroad) which are used or useful in
      rail transportation service; except that the term, when used in
      conjunction with the phrase "railroads leased, operated, or
      controlled by a railroad in reorganization", shall not include
      assets or rights owned, leased, or otherwise controlled by a
      Class I railroad which is not wholly owned, operated, or leased
      by a railroad in reorganization but is controlled by a railroad
      in reorganization;
        (15) "railroad" means a rail carrier subject to part A of
      subtitle IV of title 49. The term includes the Corporation and
      the National Railroad Passenger Corporation;
        (16) "railroad in reorganization" means a railroad which is
      subject to a bankruptcy proceeding and which has not been
      determined by a court to be reorganizable or not subject to
      reorganization pursuant to this chapter as prescribed in section
      717(b) of this title. A "bankruptcy proceeding" includes a
      proceeding pursuant to section 77 of the Bankruptcy Act and an
      equity receivership or equivalent proceeding;
        (17) "Region" means the States of Maine, New Hampshire,
      Vermont, Massachusetts, Connecticut, Rhode Island, New York, New
      Jersey, Pennsylvania, Delaware, Maryland, Virginia, West
      Virginia, Ohio, Indiana, Michigan, and Illinois; the District of
      Columbia; and those portions of contiguous States in which are
      located rail properties owned or operated by railroads doing
      business primarily in the aforementioned jurisdictions (as
      determined by the Commission by order);
        (17A) "sale date" means the date on which the initial public
      offering of the securities of the Corporation is closed under the
      Conrail Privatization Act [45 U.S.C. 1301 et seq.];
        (18) "Secretary" means the Secretary of Transportation or the
      designated representative of the Secretary;
        (19) "State" means any State or the District of Columbia;
        (20) "subsidiary" means any corporation 100 percent of whose
      total combined voting shares are, directly or indirectly, owned
      or controlled by the Corporation; and
        (21) "supplemental transaction" means any transaction set forth
      in a proposal under section 745 of this title under which the
      Corporation or a subsidiary thereof would (A) acquire rail
      properties not designated for transfer or conveyance to it under
      the final system plan, (B) convey rail properties to a profitable
      railroad, a subsidiary of the Corporation or, other than as
      designated in the final system plan, to the National Railroad
      Passenger Corporation or to a State or a local or regional
      transportation authority, or to any other responsible person for
      use in providing rail service, or (C) enter into contractual or
      other arrangements with any person for the joint use of rail
      properties or the coordination or separation of rail operations
      or services.

-SOURCE-
    (Pub. L. 93-236, title I, Sec. 102, Jan. 2, 1974, 87 Stat. 986;
    Pub. L. 94-210, title VI, Secs. 601(f), (g), 603(c), 607(t),
    610(a), Feb. 5, 1976, 90 Stat. 86, 88, 98, 100; Pub. L. 94-248,
    Sec. 1, Mar. 25, 1976, 90 Stat. 286; Pub. L. 94-555, title II, Sec.
    211(a), Oct. 19, 1976, 90 Stat. 2624; Pub. L. 96-448, title V, Sec.
    508(b), title VI, Sec. 601(b), Oct. 14, 1980, 94 Stat. 1957, 1958;
    Pub. L. 97-35, title XI, Sec. 1135(b), Aug. 13, 1981, 95 Stat. 646;
    Pub. L. 99-509, title IV, Sec. 4033(b)(1), Oct. 21, 1986, 100 Stat.
    1908; Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095; Pub.
    L. 104-88, title III, Sec. 327(1), Dec. 29, 1995, 109 Stat. 951.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 711(i) of this title, referred to in par. (9), which
    related to the Finance Committee of the Board of Directors of the
    Association, was repealed by Pub. L. 97-35, title XI, Sec. 1147,
    Aug. 13, 1981, 95 Stat. 673.
      Section 10361 of title 49, referred to in par. (12), was omitted
    in the general amendment of subtitle IV of Title 49,
    Transportation, by Pub. L. 104-88, title I, Sec. 102(a), Dec. 29,
    1995, 109 Stat. 804. Previously, in par. (12) "section 10361 of
    title 49" was substituted for "section 205 of this Act", meaning
    section 205 of Pub. L. 93-236, on authority of Pub. L. 95-473, Sec.
    3(b), Oct. 17, 1978, 92 Stat. 1466, the first section of which
    enacted subtitle IV (Sec. 10101 et seq.) of Title 49.
      Section 77 of the Bankruptcy Act, referred to in par. (16), was
    classified to section 205 of former Title 11, Bankruptcy. The
    Bankruptcy Act (act July 1, 1898, ch. 541, 30 Stat. 544, as
    amended) was repealed effective Oct. 1, 1979, by Pub. L. 95-598,
    Secs. 401(a), 402(a), Nov. 6, 1978, 92 Stat. 2682, section 101 of
    which enacted revised Title 11. For current provisions relating to
    railroad reorganization, see subchapter IV (Sec. 1161 et seq.) of
    chapter 11 of Title 11.
      The Conrail Privatization Act, referred to in par. (17A), is
    subtitle A (Secs. 4001-4052) of title IV of Pub. L. 99-509, Oct.
    21, 1986, 100 Stat. 1892, which is classified principally to
    chapter 22 (Sec. 1301 et seq.) of this title. For complete
    classification of this Act to the Code see Short Title note set out
    under section 1301 of this title and Tables. The date on which the
    initial public offering of the securities of the corporation is
    closed under this Act was Apr. 2, 1987.

-COD-
                               CODIFICATION                           
      In par. (21), formerly (19), "under section 743(b) of this
    title," was struck out as the probable intent of Congress, in view
    of the amendment to par. (19) by section 601(b) of Pub. L. 96-448,
    which struck out the 6 year limitation within which the special
    court orders conveyances of rail properties to the Corporation,
    which conveyances were to be made under section 743(b) of this
    title. See 1980 Amendment note set out below.


-MISC1-
                                AMENDMENTS                            
      1995 - Par. (15). Pub. L. 104-88 substituted "rail carrier
    subject to part A of subtitle IV of title 49" for "common carrier
    by railroad as defined in section 1(3) of part I of the Interstate
    Commerce Act (49 U.S.C. 1(3))".
      1986 - Par. (7). Pub. L. 99-514 substituted "Internal Revenue
    Code of 1986" for "Internal Revenue Code of 1954", which for
    purposes of codification was translated as "title 26" thus
    requiring no change in text.
      Par. (17A). Pub. L. 99-509 added par. (17A).
      1981 - Pub. L. 97-35 added pars. (3) and (4). Former pars. (3) to
    (19) redesignated (5) to (21), respectively.
      1980 - Par. (16). Pub. L. 96-448, Sec. 508(b), substituted "or
    the designated representative of the Secretary" for "or the person
    at the time performing the duties of the Office of the Secretary of
    Transportation in accordance with law, or, in his absence, the
    Deputy Secretary of Transportation".
      Par. (19). Pub. L. 96-448, Sec. 601(b), struck out ", within 6
    years after the date on which the special court orders conveyances
    of rail properties to the Corporation" after "section 745 of this
    title". See Codification note above.
      1976 - Par. (3). Pub. L. 94-248 inserted provision relating to
    successor by merger, consolidation, etc., of the Corporation
      Par. (7). Pub. L. 94-210, Sec. 603(c), added par. (7). Former
    par. (7) redesignated (8).
      Par. (8). Pub. L. 94-210, Secs. 601(g), 603(c), redesignated
    former par. (7) as (8). Former par. (8) redesignated (10).
      Pars. (9) to (11). Pub. L. 94-210, Sec. 601(g), added par. (9)
    and redesignated former pars. (8) and (9) as (10) and (11),
    respectively. Former pars. (10) and (11) redesignated (12) and
    (13), respectively.
      Par. (12). Pub. L. 94-210, Secs. 601(g), 607(t), redesignated
    former par. (10) as (12), inserted "(or a person owned, leased, or
    otherwise controlled by a railroad)" before "which are used or
    useful", and substituted "phrase" for "phase". Former par. (12)
    redesignated (14).
      Pars. (13) to (15). Pub. L. 94-210, Sec. 601(g), redesignated
    former pars. (11) to (13) as (13) to (15) respectively. Former
    pars. (13) to (15) redesignated (15) to (17) respectively.
      Par. (16). Pub. L. 94-555 substituted ", in his absence, the
    Deputy Secretary of Transportation" for "the duly authorized
    representative of either of them" after "accordance with law, or".
      Pub. L. 94-210, Secs. 601(f), (g), 610(a)(1), redesignated former
    par. (14) as (16) and substituted provisions relating to the person
    at the time performing the duties of the Office in accordance with
    the law, or the duly authorized representative of such person or
    the Secretary, for provisions relating to the delegate of the
    Secretary, unless the context indicated otherwise.
      Par. (17). Pub. L. 94-210, Secs. 601(g), 610(a)(2), redesignated
    former par. (15) as (17) and substituted a semicolon for a period.
      Pars. (18), (19). Pub. L. 94-210, Sec. 610(a)(3), added pars.
    (18) and (19).

                     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 1981 AMENDMENT                 
      Amendment by Pub. L. 97-35 effective Aug. 13, 1981, see section
    1169 of Pub. L. 97-35, set out as an Effective Date note under
    section 1101 of this title.

                     EFFECTIVE DATE OF 1980 AMENDMENT                 
      Amendment by Pub. L. 96-448 effective Oct. 1, 1980, see section
    710(a) of Pub. L. 96-448, set out as a note under section 1170 of
    Title 11, Bankruptcy.

                     EFFECTIVE DATE OF 1976 AMENDMENT                 
      Section 303 of Pub. L. 94-555 provided that: "The provisions of
    this Act and the amendments made by this Act [amending this
    section, sections 543, 545, 546, 563, 601, 602, 641, 711, 716, 720,
    721, 743, 744, 771, 774, 775, 779, 823, 824, 825, 826, 829, 831,
    and 854 of this title, section 960 of Title 20, Education, and
    sections 1a, 5, 5c, 13, 15, 17, 22, 26c, and 1653 of former Title
    49, Transportation, and enacting provisions set out as notes under
    sections 501, 641, 701, and 714 of this title, section 80a-3 of
    Title 15, Commerce and Trade, and sections 1a and 1654 of former
    Title 49] shall take effect on October 1, 1976."


-TRANS-
        ABOLITION OF INTERSTATE COMMERCE COMMISSION AND TRANSFER OF
                                 FUNCTIONS
      Interstate Commerce Commission abolished and functions of
    Commission transferred, except as otherwise provided in Pub. L. 104-
    88, 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.


-MISC2-
            APPLICABILITY OF NATIONAL ENVIRONMENTAL POLICY ACT        
      Application of National Environmental Policy Act to actions of
    Commission not affected by title VI of Pub. L. 94-210, see section
    619 of Pub. L. 94-210, set out as a note under section 791 of this
    title.

-FOOTNOTE-
    (!1) See References in Text note below.

               

    (!2) So in original. The period probably should be a semicolon.


-End-


-CITE-
    45 USC SUBCHAPTER II - UNITED STATES RAILWAY ASSOCIATION    01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 16 - REGIONAL RAIL REORGANIZATION
    SUBCHAPTER II - UNITED STATES RAILWAY ASSOCIATION

-HEAD-
             SUBCHAPTER II - UNITED STATES RAILWAY ASSOCIATION         

-End-



-CITE-
    45 USC Sec. 711                                             01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 16 - REGIONAL RAIL REORGANIZATION
    SUBCHAPTER II - UNITED STATES RAILWAY ASSOCIATION

-HEAD-
    Sec. 711. Formation and structure

-STATUTE-
    (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
    subchapter, to the District of Columbia Nonprofit Corporation Act.
    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
      (1) The Board of Directors of the Association shall consist of
    five individuals, as follows:
        (A) The Chairman, who shall be the individual serving as
      Chairman on August 13, 1981, until the expiration of his term of
      office or his resignation, or his replacement, who shall be
      selected by the outgoing Chairman and the other members of the
      Board.
        (B) The Secretary of Transportation.
        (C) The Comptroller General of the United States.
        (D) The Chairman of the Commission.
        (E) The Chairman of the Board of Directors of the Corporation.

      (2) The Chairman may not have any employment or other direct
    financial relationship with any freight railroad. The Chairman
    shall receive $300 per diem when engaged in the actual performance
    of his duties plus reimbursement for travel, subsistence, and other
    necessary expenses incurred in the performance of such duties.
    (e) Term of office
      The term of office of the Chairman of the Board of Directors of
    the Association shall expire on December 31, 1987. The Chairman may
    be reappointed and the term of the Chairman shall be 3 years.
    (f) Quorum
      Three members of the Board of Directors, or their
    representatives, shall constitute a quorum for the transaction of
    any function of the Association.
    (g) Assumption of Finance Committee functions
      The Board of Directors shall, on August 13, 1981, assume the
    functions previously performed by the Finance Committee.
    (h) Representation at meetings
      The members of the Board of Directors may send representatives to
    meetings of such Board, and such representatives may exercise full
    powers of the members.
    (i) Miscellaneous (!1)

      (1) The Association shall have a seal which shall be judicially
    recognized.
      (2) The Administrator of General Services shall furnish the
    Association with such offices, equipment, supplies, and services as
    he is authorized to furnish to any other agency or instrumentality
    of the United States.
      (3) The Secretary is authorized to transfer to the Association or
    the Corporation rights in intellectual property which are directly
    related to the conduct of the functions of the Association or the
    Corporation, to the extent that the Federal Government has such
    rights and to the extent that transfer is necessary to carry out
    the purposes of this chapter.
      (4) Any reference in this chapter to the Chairman of the
    Commission is to the Chairman of the Commission or the person who
    is at the time performing the duties of the Chairman of the
    Commission in accordance with law.
    (j) Use of names (!1)
      No person, except the Association, shall hereafter use the words
    "United States Railway Association" as a name for any business
    purpose. Violations of this provision may be enjoined by any court
    of general jurisdiction in an action commenced by the Association.
    In any such action, the Association may recover any actual damages
    flowing from such violation, and, in addition, shall be entitled to
    punitive damages (regardless of the existence or nonexistence of
    actual damage) in an amount not to exceed $100 for each day during
    which such violation was committed. The district courts of the
    United States shall have jurisdiction over actions brought under
    this subsection, without regard to the amount in controversy or the
    citizenship of the parties.

-SOURCE-
    (Pub. L. 93-236, title II, Sec. 201, Jan. 2, 1974, 87 Stat. 988;
    Pub. L. 94-210, title VI, Secs. 603(a), (b), 607(a), 612(j)(2),
    Feb. 5, 1976, 90 Stat. 88, 96, 109; Pub. L. 94-555, title II, Sec.
    211(b)-(e), Oct. 19, 1976, 90 Stat. 2624; Pub. L. 95-611, Sec. 2,
    Nov. 8, 1978, 92 Stat. 3089; Pub. L. 96-448, title V, Sec. 508(c),
    Oct. 14, 1980, 94 Stat. 1957; Pub. L. 97-35, title XI, Sec. 1147,
    Aug. 13, 1981, 95 Stat. 673; Pub. L. 98-181, title II, Sec.
    2003(c)(1), Nov. 30, 1983, 97 Stat. 1297; Pub. L. 99-190, Sec.
    101(e) [title III, Sec. 332], Dec. 19, 1985, 99 Stat. 1267, 1290.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The District of Columbia Nonprofit Corporation Act, referred to
    in subsec. (c), is Pub. L. 87-569, Aug. 6, 1962, 76 Stat. 265, as
    amended, which is not classified to the Code.

-COD-
                               CODIFICATION                           
      Section 1147 of Pub. L. 97-35 directed that subsecs. (d) to (i)
    be struck out and replaced by new subsecs. (d) to (h), and that
    subsecs. (j) and (k) be redesignated (g) and (h), respectively.
    Because a literal execution of the amendment would result in two
    subsections designated (g) and two subsections designated (h), and
    to reflect the probable intent of Congress, subsecs. (j) and (k)
    have been editorially redesignated (i) and (j), respectively.


-MISC1-
                                AMENDMENTS                            
      1985 - Subsec. (d)(2). Pub. L. 99-190, Sec. 101(e) [title III,
    Sec. 332(1)], inserted "freight" before "railroad".
      Subsec. (e). Pub. L. 99-190, Sec. 101(e) [title III, Sec.
    332(2)], substituted "1987" for "1985".
      1983 - Subsec. (e). Pub. L. 98-181 substituted "1985" for "1983".
      1981 - Subsec. (d). Pub. L. 97-35 substituted provisions
    respecting a five-member board for provisions respecting an eleven-
    member board.
      Subsec. (e). Pub. L. 97-35 substituted provisions respecting term
    of office and reappointment of Chairman for provisions respecting
    term of office of Chairman and nongovernmental members,
    reappointment of members, and vacancies.
      Subsec. (f). Pub. L. 97-35 substituted provisions respecting
    three-member quorum requirement for provisions respecting six-
    member quorum requirement.
      Subsec. (g). Pub. L. 97-35 substituted provisions relating to
    assumption of Finance Committee functions for provisions relating
    to appointment of the President of the Association. See
    Codification note above.
      Subsec. (h). Pub. L. 97-35 substituted provisions relating to
    representation at meetings for provisions relating to the executive
    committee of the Board of Directors. See Codification note above.
      Subsec. (i). Pub. L. 97-35 redesignated subsec. (j) as (i).
    Former subsec. (i), which related to membership, functions, etc.,
    of the Finance Committee, was struck out. See Codification note
    above.
      Subsecs. (j), (k). Pub. L. 97-35 redesignated former subsecs. (j)
    relating to miscellaneous provisions, and (k) relating to use of
    names, as (i) and (j), respectively. See Codification note above.
      1980 - Subsec. (d)(2). Pub. L. 96-448, Sec. 508(c)(1), inserted
    provision authorizing Secretary of Transportation to act directly
    or through the General Counsel of Department of Transportation, the
    Federal Railroad Administrator, or the Deputy Administrator of the
    Federal Railroad Administration and substituted provision
    authorizing Secretary of the Treasury to act directly or through an
    officer of Department of the Treasury who has been appointed with
    the advice and consent of the Senate for provision authorizing
    Secretary of the Treasury to act directly or through Deputy
    Secretary of the Treasury.
      Subsec. (i). Pub. L. 96-448, Sec. 508(c)(2), substituted "in the
    case of the Secretary, through the Deputy Secretary of
    Transportation, the General Counsel of the Department of
    Transportation, the Federal Railroad Administrator, or the Deputy
    Administrator of the Federal Railroad Administration, and, in the
    case of the Secretary of the Treasury, through an officer of the
    Department of the Treasury who has been appointed with the advice
    and consent of the Senate" for "through their respective Deputy
    Secretaries".
      Subsec. (j)(4). Pub. L. 96-448, Sec. 508(c)(3), struck out
    provision that any reference in this chapter to Secretary of the
    Treasury is to Secretary of the Treasury or person who is at time
    performing duties of the Office of Secretary of the Treasury or, in
    his absence, Deputy Secretary of the Treasury.
      1978 - Subsec. (e). Pub. L. 95-611 inserted provision that
    members of Board shall continue to serve until their successors
    have been appointed and qualified.
      1976 - Subsec. (d)(2). Pub. L. 94-555, Sec. 211(b), substituted
    "the Deputy Secretary of Transportation, the Vice Chairman of the
    Commission, or the Deputy Secretary of the Treasury, as the case
    may be" for "their duly authorized representatives" after "at any
    time through".
      Pub. L. 94-210, Sec. 603(b)(2), substituted "acting directly or
    at any time through" for "or".
      Subsec. (h). Pub. L. 94-555, Sec. 211(c), struck out "The
    Secretary and the Chairman of the Commission may act in such
    capacity directly or at any time through their duly authorized
    representatives" after "members of the Board".
      Pub. L. 94-210, Sec. 603(b)(1), inserted provision authorizing
    Secretary and Chairman to act directly or through their duly
    authorized representatives.
      Subsec. (i). Pub. L. 94-555, Sec. 211(d), substituted "Deputy
    Secretaries" for "duly authorized representatives" after "through
    their respective".
      Pub. L. 94-210, Sec. 603(a), added subsec. (i). Former subsec.
    (i) redesignated (j).
      Subsec. (j). Pub. L. 94-210, Secs. 603(a), 607(a), redesignated
    former subsec. (i) as (j) and added par. (4). Former subsec. (j)
    redesignated (k).
      Subsec. (j)(4). Pub. L. 94-555, Sec. 211(e), inserted "who is"
    after "Treasury or the person" and "Commission or the person", and
    substituted "in his absence, the Deputy Secretary of the Treasury"
    for "the duly authorized representatives of either of them" after
    "Treasury in accordance with law".
      Subsec. (k). Pub. L. 94-210, Secs. 603(a), 612(j)(2),
    redesignated former subsec. (j) as (k), substituted "this
    provision" for "these provisions", and struck out "or the
    Corporation" after "Association" in two places and provisions
    relating to use of "Consolidated Rail Corporation" as a name for
    any business purpose.

                     EFFECTIVE DATE OF 1981 AMENDMENT                 
      Amendment by Pub. L. 97-35 effective Aug. 13, 1981, see section
    1169 of Pub. L. 97-35, set out as an Effective Date note under
    section 1101 of this title.

                     EFFECTIVE DATE OF 1980 AMENDMENT                 
      Amendment by Pub. L. 96-448 effective Oct. 1, 1980, see section
    710(a) of Pub. L. 96-448, set out as a note under section 1170 of
    Title 11, Bankruptcy.

                     EFFECTIVE DATE OF 1976 AMENDMENT                 
      Amendment by Pub. L. 94-555 effective Oct. 1, 1976, see section
    303 of Pub. L. 94-555, set out as a note under section 702 of this
    title.


-TRANS-
        ABOLITION OF INTERSTATE COMMERCE COMMISSION AND TRANSFER OF
                                 FUNCTIONS
      Interstate Commerce Commission abolished and functions of
    Commission transferred, except as otherwise provided in Pub. L. 104-
    88, 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.


-MISC2-
            APPLICABILITY OF NATIONAL ENVIRONMENTAL POLICY ACT        
      Application of National Environmental Policy Act to actions of
    Commission not affected by title VI of Pub. L. 94-210, see section
    619 of Pub. L. 94-210, set out as a note under section 791 of this
    title.

-FOOTNOTE-               

    (!1) See Codification note below.


-End-



-CITE-
    45 USC Sec. 712                                             01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 16 - REGIONAL RAIL REORGANIZATION
    SUBCHAPTER II - UNITED STATES RAILWAY ASSOCIATION

-HEAD-
    Sec. 712. Functions of Association

-STATUTE-
    (a) General
      The Association is authorized to - 
        (1) monitor the financial performance of the Corporation;
        (2) review whether the goals and requirements of this chapter
      are met;
        (3) purchase or otherwise acquire or receive, and hold and
      dispose of securities (whether debt or equity) of the Corporation
      under sections 726 and 727 of this title and exercise all of the
      rights, privileges, and powers of a holder of any such
      securities;
        (4) purchase accounts receivable of the Corporation in
      accordance with section 727 of this title;
        (5) appoint and fix the compensation of such personnel as the
      Association considers necessary and appropriate; and
        (11) (!1) determine the value of the Alaska Railroad, as
      required by section 1204 of this title.

    (b) Investment of funds
      Uncommitted funds of the Association shall be kept in cash on
    hand or on deposit, or invested in obligations of the United States
    or guaranteed thereby, or in obligations, participations, or other
    investments which are lawful investments for fiduciary, trust, or
    public funds.
    (c) Exemption from taxation
      The Association, including its franchise, capital reserves,
    surplus, security holdings, and income shall be exempt from all
    taxation now or hereafter imposed by the United States, any
    commonwealth, territory, dependency, or possession thereof, or by
    any State or political subdivision thereof, except that any real
    property of the Association shall be subject to taxation to the
    same extent according to its value as other real property is taxed.
    (d) Reports
      (1) (!2) The Association shall transmit to the Congress and the
    President, not later than 90 days after the end of each fiscal
    year, a comprehensive and detailed report on all activities of the
    Association during the preceding fiscal year. Each such report
    shall include (A) the Association's statement of specific and
    detailed objectives for the activities and programs conducted and
    assisted under this chapter; (B) statements of the Association's
    conclusions as to the effectiveness of such activities and programs
    in meeting the stated objectives and the purposes of this chapter,
    measured through the end of the preceding fiscal year; (C)
    recommendations with respect to any legislation or administrative
    action which the Association deems necessary or desirable; (D) a
    statistical compilation of the obligations issued, certificates of
    value issued, securities purchased, and loans made under this
    chapter; (E) a summary of outstanding problems confronting the
    Association, in order of priority; (F) all other information
    required to be submitted to the Congress pursuant to any other
    provision of this chapter; and (G) the Association's projections
    and plans for its activities and programs during the next fiscal
    year.

      (2) For the fiscal year beginning October 1, 1977, and ending
    September 30, 1978, the Association shall transmit to the Congress
    and the President, not later than 30 days after the end of each
    quarter of such fiscal year, a comprehensive and detailed report on
    all expenditures and use of funds during the preceding fiscal
    quarter, including an assessment of the status of projects for such
    preceding fiscal quarter and a projection of activities proposed
    for the next fiscal quarter.
      (3) The Association shall transmit to the Congress, no later than
    30 days after the end of each fiscal quarter, a report with respect
    to the proceedings before the special court to determine the
    valuation of rail properties conveyed to the Corporation under
    section 743 of this title. Each such report shall include - 
        (A) a detailed accounting of the Federal funds expended during
      such quarter in connection with such proceedings, and the
      purposes for which such funds were expended;
        (B) an explanation of the status of such proceedings, including
      the prospects for settlement or conclusion; and
        (C) an identification of which responsibilities in connection
      with such proceedings are being carried out directly by the
      Association, and which are being carried out by contract with
      private organizations.
    (e) Budget
      The receipts and disbursements of the Association (other than
    administrative expenses referred to in subsection (g) (!3) of this
    section and receipts and disbursements under section 726 of this
    title and section 746 of this title) in the discharge of its
    functions shall not be included in the totals of the budget of the
    United States Government, and shall be exempt from any annual
    expenditure and net lending (budget outlays) limitations imposed on
    a budget of the United States Government. The Chairman of the
    Association shall transmit annually to the Congress a budget for
    program activities and for administrative expenses of the
    Association. The Chairman shall report annually to the Congress the
    amount of net lending of the Association, which would be included
    in the totals of the budgets of the United States Government, if
    the Association's activities were not excluded from those totals as
    a result of this section.

    (f) Accountability
      The Chairman of the Association shall transmit annually to the
    Office of Management and Budget a budget for administrative
    expenses of the Association. Whenever the Association submits any
    budget estimate or request to the Office of Management and Budget,
    it shall concurrently transmit a copy of the estimate or request to
    the Congress. Within budgetary constraints of the Congress, the
    maximum feasible and prudent budgetary flexibility shall be
    provided to the Association to permit effective operations.
    (g) Transfer of litigation
      No later than March 1, 1980, the Association and the Attorney
    General of the United States shall develop and submit to the
    Congress a feasibility study for the transfer, to the appropriate
    department or agency of the Federal Government, of all
    responsibility for representing the United States in the
    proceedings before the special court to determine the valuation of
    rail properties conveyed to the Corporation under section 743 of
    this title.
    (h) Transfer of other functions
      No later than March 1, 1980, the Association and the Secretary of
    Transportation shall develop and submit to the Congress a
    feasibility study for the transfer of all functions of the
    Association, other than those referred to in subsection (h) (!4) of
    this section, to the appropriate department or agency of the
    Federal Government, including the abolition of those functions
    which will no longer be necessary.

    (i) Monitoring of contractors
      The Board of Directors of the Association shall adopt procedures
    to insure (1) that contractors, including law firms, provide
    reports containing written verification of tasks assigned, work
    performed, time worked, and costs incurred, including periodic
    status reports on work performed, (2) that such reports are audited
    by the Association, (3) that no funds are paid to contractors
    without written reports complying with the requirements of this
    subsection, and (4) that the Association applies such procedures
    uniformly to all contractors.

-SOURCE-
    (Pub. L. 93-236, title II, Sec. 202, Jan. 2, 1974, 87 Stat. 990;
    Pub. L. 94-5, Sec. 2(a), Feb. 28, 1975, 89 Stat. 7; Pub. L. 94-210,
    title VI, Secs. 601(c), 607(b), (c), Feb. 5, 1976, 90 Stat. 84, 96;
    Pub. L. 95-199, Sec. 2, Nov. 23, 1977, 91 Stat. 1423; Pub. L. 96-
    73, title II, Secs. 202, 203, Sept. 29, 1979, 93 Stat. 555; Pub.
    L. 97-35, title XI, Sec. 1148(a), (b), Aug. 13, 1981, 95 Stat. 674;
    Pub. L. 97-468, title VI, Sec. 605(e), Jan. 14, 1983, 96 Stat.
    2564.)

-COD-
                               CODIFICATION                           
      Subsec. (f), formerly (g), of this section as originally enacted
    consisted of pars. (1) and (2). Par. (1), which amended section 856
    of former Title 31, Money and Finance, was repealed by Pub. L. 97-
    258, Sec. 5(b), Sept. 13, 1982, 96 Stat. 1068, the first section
    of which enacted Title 31.


-MISC1-
                                AMENDMENTS                            
      1983 - Subsec. (a)(11). Pub. L. 97-468 added par. (11).
      1981 - Subsec. (a). Pub. L. 97-35, Sec. 1148(a)(1), substituted
    provisions respecting financial performance monitoring, goal
    review, etc., for provisions respecting plan preparation and
    implementation, issuance of obligations, etc.
      Subsecs. (b) to (j). Pub. L. 97-35, Sec. 1148(a), struck out
    subsec. (b) which related to additional duties of the Association,
    and redesignated subsecs. (c) to (j) as (b) to (i), respectively.
      1979 - Subsec. (e)(3). Pub. L. 96-73, Sec. 202, added par. (3).
      Subsecs. (h) to (j). Pub. L. 96-73, Sec. 203, added subsecs. (h)
    to (j).
      1977 - Subsec. (e). Pub. L. 95-199 substituted "Reports" for
    "Annual report" in heading, redesignated cls. (1) through (7) as
    cls. (A) through (G) in first par., and added par. (2).
      1976 - Subsec. (a)(2). Pub. L. 94-210, Sec. 601(c), inserted
    provisions relating to securities under section 726 of this title
    and certificates of value under section 746 of this title.
      Subsec. (e). Pub. L. 94-210, Sec. 607(b), in cl. (4) inserted ",
    certificates of value issued, securities purchased," after
    "obligations issued".
      Subsec. (f). Pub. L. 94-210, Sec. 607(c), inserted provisions
    relating to receipts and disbursements under sections 726 and 746
    of this title.
      1975 - Subsec. (b)(2). Pub. L. 94-5, Sec. 2(a)(1), inserted "and
    express" after "rail" wherever appearing.
      Subsec. (b)(7). Pub. L. 94-5, Sec. 2(a)(2), substituted "; and"
    for a period at end of par. (7).
      Subsec. (b)(8). Pub. L. 94-5, Sec. 2(a)(3), added par. (8).

                     EFFECTIVE DATE OF 1981 AMENDMENT                 
      Amendment by Pub. L. 97-35 effective Aug. 13, 1981, see section
    1169 of Pub. L. 97-35, set out as an Effective Date note under
    section 1101 of this title.

                     EFFECTIVE DATE OF 1979 AMENDMENT                 
      Amendment by Pub. L. 96-73 effective Oct. 1, 1979, see section
    501(a) of Pub. L. 96-73.

                   TERMINATION OF REPORTING REQUIREMENTS               
      For termination, effective May 15, 2000, of provisions of law
    requiring submittal to Congress of any annual, semiannual, or other
    regular periodic report listed in House Document No. 103-7 (in
    which reports required under subsecs. (d)(1), (3), (e), and (f) of
    this section are listed as the 3rd through 6th items on page 195),
    see section 3003 of Pub. L. 104-66, as amended, and section 1(a)(4)
    [div. A, Sec. 1402(1)] of Pub. L. 106-554, set out as notes under
    section 1113 of Title 31, Money and Finance.


-TRANS-
      ABOLITION OF SPECIAL COURT, REGIONAL RAIL REORGANIZATION ACT OF
                      1973, AND TRANSFER OF FUNCTIONS
      Special court abolished and all jurisdiction and functions
    transferred to United States District Court for District of
    Columbia, see section 719(b)(2) of this title.

      ABOLITION OF UNITED STATES RAILWAY ASSOCIATION AND TRANSFER OF
                         FUNCTIONS AND SECURITIES
      See section 1341 of this title.


-MISC2-
            APPLICABILITY OF NATIONAL ENVIRONMENTAL POLICY ACT        
      Application of National Environmental Policy Act to actions of
    Commission not affected by title VI of Pub. L. 94-210, see section
    619 of Pub. L. 94-210, set out as a note under section 791 of this
    title.

-FOOTNOTE-
    (!1) So in original. Probably should be "(6)".

    (!2) Par. "(1)" designation supplied editorially.

    (!3) So in original. Subsec. (g) redesignated (f) by Pub. L.
         97-35.

    (!4) So in original. Subsec. (h) redesignated (g) by Pub. L.
         97-35.


-End-



-CITE-
    45 USC Sec. 713                                             01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 16 - REGIONAL RAIL REORGANIZATION
    SUBCHAPTER II - UNITED STATES RAILWAY ASSOCIATION

-HEAD-
    Sec. 713. Access to information

-STATUTE-
      The Corporation shall make available to the Association such
    information as the Association determines necessary for the
    Association to carry out its functions under this chapter. The
    Association shall request from other parties which are affected by
    this chapter information which will enable the Association to
    fulfill its functions under this chapter.

-SOURCE-
    (Pub. L. 93-236, title II, Sec. 203, Jan. 2, 1974, 87 Stat. 992;
    Pub. L. 94-210, title VI, Sec. 607(d), Feb. 5, 1976, 90 Stat. 96;
    Pub. L. 97-35, title XI, Sec. 1149, Aug. 13, 1981, 95 Stat. 675.)


-MISC1-
                                AMENDMENTS                            
      1981 - Pub. L. 97-35 substituted provisions relating to the
    Corporation making available to the Association all necessary
    information for provisions set out as subsecs. (a) to (d)
    respecting planning and other information availability, and
    enforcement procedures.
      1976 - Subsec. (a). Pub. L. 94-210 struck out provisions
    prohibiting requests for information under this subsection after
    effective date of the final system plan.

                     EFFECTIVE DATE OF 1981 AMENDMENT                 
      Amendment by Pub. L. 97-35 effective Aug. 13, 1981, see section
    1169 of Pub. L. 97-35, set out as an Effective Date note under
    section 1101 of this title.


-TRANS-
      ABOLITION OF UNITED STATES RAILWAY ASSOCIATION AND TRANSFER OF
                         FUNCTIONS AND SECURITIES
      See section 1341 of this title.


-MISC2-
            APPLICABILITY OF NATIONAL ENVIRONMENTAL POLICY ACT        
      Application of National Environmental Policy Act to actions of
    Commission not affected by title VI of Pub. L. 94-210, see section
    619 of Pub. L. 94-210, set out as a note under section 791 of this
    title.

-End-



-CITE-
    45 USC Sec. 714                                             01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 16 - REGIONAL RAIL REORGANIZATION
    SUBCHAPTER II - UNITED STATES RAILWAY ASSOCIATION

-HEAD-
    Sec. 714. Omitted

-COD-
                               CODIFICATION                           
      Section, Pub. L. 93-236, title II, Sec. 204, Jan. 2, 1974, 87
    Stat. 993, directed the Secretary, within 30 days after Jan. 2,
    1974, to prepare a report, with recommendations, with respect to
    the geographic zones within the region in which said service should
    be provided, to submit the report to the Office, the Association,
    the Governor, and the public utilities commission of each State
    studied in the report and to local governments, consumer
    organizations, environmental groups, the public, and to Congress,
    and to publish the report in the Federal Register.


-MISC1-
    DELAWARE-MARYLAND-VIRGINIA PENINSULA RAIL STUDY; REPORT TO CONGRESS
      Pub. L. 94-555, title III, Sec. 302, Oct. 19, 1976, 90 Stat.
    2631, directed Interstate Commerce Commission to submit a report to
    Congress, within six months of Oct. 19, 1976, regarding problems of
    and need for rail transportation services on Delaware-Maryland-
    Virginia peninsula.

-End-



-CITE-
    45 USC Sec. 715                                             01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 16 - REGIONAL RAIL REORGANIZATION
    SUBCHAPTER II - UNITED STATES RAILWAY ASSOCIATION

-HEAD-
    Sec. 715. Repealed. Pub. L. 95-473, Sec. 4(b), Oct. 17, 1978, 92
      Stat. 1466

-MISC1-
      Section, Pub. L. 93-236, title II, Sec. 205, Jan. 2, 1974, 87
    Stat. 993, Pub. L. 94-5, Sec. 3, Feb. 28, 1975, 89 Stat. 7; Pub. L.
    94-210, title III, Sec. 309, Feb. 5, 1976, 90 Stat. 57, established
    Rail Services Planning Office.

-End-



-CITE-
    45 USC Sec. 716                                             01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 16 - REGIONAL RAIL REORGANIZATION
    SUBCHAPTER II - UNITED STATES RAILWAY ASSOCIATION

-HEAD-
    Sec. 716. Final system plan

-STATUTE-
    (a) Goals
      The final system plan shall be formulated in such a way as to
    effectuate the following goals:
        (1) the creation, through a process of reorganization, of a
      financially self-sustaining rail and express service system in
      the region;
        (2) the establishment and maintenance of a rail service system
      adequate to meet the rail transportation needs and service
      requirements of the region;
        (3) the establishment of improved high-speed rail passenger
      service, consonant with the recommendations of the Secretary in
      his report of September 1971, entitled "Recommendations for
      Northeast Corridor Transportation";
        (4) the preservation, to the extent consistent with other
      goals, of existing patterns of service by railroads (including
      short-line and terminal railroads), and of existing railroad
      trackage in areas in which fossil fuel natural resources are
      located, and the utilization of those modes of transportation in
      the region which require the smallest amount of scarce energy
      resources and which can most efficiently transport energy
      resources;
        (5) the retention and promotion of competition in the provision
      of rail and other transportation services in the region;
        (6) the attainment and maintenance of any environmental
      standards, particularly the applicable national ambient air
      quality standards and plans established under the Clean Air Act
      Amendments of 1970, taking into consideration the environmental
      impact of alternative choices of action;
        (7) the movement of passengers and freight in rail
      transportation in the region in the most efficient manner
      consistent with safe operation, including the requirements of
      commuter and intercity rail passenger service; the extent to
      which there should be coordination with the National Railroad
      Passenger Corporation and similar entities; and the
      identification of all short-to-medium distance corridors in
      densely populated areas in which the major upgrading of rail
      lines for high-speed passenger operation would return substantial
      public benefits; and
        (8) the minimization of job losses and associated increases in
      unemployment and community benefit costs in areas in the region
      presently served by rail service.
    (b) Factors
      The final system plan shall be based upon due consideration of
    all factors relevant to the realization of the goals set forth in
    subsection (a) of this section. Such factors include the need for
    and the cost of rehabilitation and modernization of track,
    equipment, and other facilities; methods of achieving economies in
    the cost of rail operations in the region; means of achieving
    rationalization of rail services and the rail service system in the
    region; marketing studies; the impact on railroad employees;
    consumer needs; traffic analyses; financial studies; and any other
    factors identified by the Association under section 712(b) (!1) of
    this title or in the report of the Secretary required under section
    714(a) of this title.

    (c) Designations
      The final system plan shall designate - 
        (1) which rail properties of railroads in reorganization in the
      region or of railroads leased, operated, or controlled by any
      railroad in reorganization in the region - 
          (A) shall be transferred to the Corporation: Provided, That
        the Corporation shall, within 95 days after the effective date
        of the final system plan, give notice to the Association of
        which such rail properties, if any, are to be transferred to a
        subsidiary of the Corporation in the event that the Board of
        Directors of the Association finds that such transfer would be
        consistent with the final system plan;
          (B) shall be offered for sale to a profitable railroad
        operating in the region and, if such offer is accepted,
        operated by such railroad; the plan shall designate what
        additions shall be made to the designation under subparagraph
        (A) of this paragraph and what alternative designations shall
        be made under this paragraph in the event such profitable
        railroad fails to accept such offer;
          (C) shall be purchased, leased, or otherwise acquired from
        the Corporation by the National Railroad Passenger Corporation
        in accordance with the exercise of its option under section
        791(d) of this title for improvement to achieve the goal set
        forth in subsection (a)(3) of this section;
          (D) may be purchased or leased from the Corporation by (i) a
        State or a local or regional transportation authority to meet
        the needs of commuter and intercity rail passenger service, or
        (ii) the National Railroad Passenger Corporation to meet the
        needs of improved rail passenger service over intercity routes,
        other than properties designated pursuant to subparagraph (C)
        of this paragraph; and
          (E) if not otherwise required to be operated by the
        Corporation, a government entity, or a responsible person, are
        suitable for use for other public purposes, including highways,
        other forms of transportation, conservation, energy
        transmission, education or health care facilities, or
        recreation. In carrying out this subparagraph, the Association
        shall solicit the views and recommendations of the Secretary,
        the Secretary of the Interior, the Administrator of the
        Environmental Protection Agency, and other agencies of the
        Federal Government and of the States and political subdivisions
        thereof within the region, and the general public; and

        (2) which rail properties of profitable railroads operating in
      the region may be offered for sale to the Corporation or to other
      profitable railroads operating in the region subject to
      paragraphs (3) and (4) of subsection (d) of this section. Any
      rail properties designated to be offered for sale to the
      Corporation may be sold instead to a subsidiary of the
      Corporation.
    (d) Transfers
      All transfers or conveyances pursuant to the final system plan
    shall be made in accordance with, and subject to, the following
    principles:
        (1) All rail properties to be transferred to the Corporation or
      any subsidiary thereof by a profitable railroad, by trustees of a
      railroad in reorganization, or by any railroad leased, operated,
      or controlled by a railroad in reorganization in the region,
      shall be transferred in exchange for stock and other securities
      of the Corporation or any subsidiary thereof (including
      obligations of the Association) and the other benefits accruing
      to such railroad by reason of such transfer.
        (2) All rail properties to be conveyed to a profitable railroad
      operating in the region by trustees of a railroad in
      reorganization, or by any railroad leased, operated, or
      controlled by a railroad in reorganization in the region, shall
      be conveyed in exchange for compensation from the profitable
      railroad.
        (3) Notwithstanding any other provision of this chapter, no
      acquisition under this chapter shall be made by any profitable
      railroad operating in the region without a determination with
      respect to each such transaction and all such transactions
      cumulatively (A) by the Association, upon adoption and release of
      the preliminary system plan, that such acquisition or
      acquisitions will not materially impair the profitability of any
      other profitable railroad operating in the region or of the
      Corporation, and (B) by the Commission, which shall be made
      within 90 days after adoption and release by the Association of
      the preliminary system plan, that such acquisition or
      acquisitions will be in full accord and comply with the
      provisions and standards of subchapter III (!2) of chapter 113 of
      title 49. All determinations made by the Association in the
      correction to the preliminary system plan published on April 11,
      1975 (40 Fed. Reg. 16377), shall be treated for all purposes as
      if they had been made upon adoption and release by the
      Association of the preliminary system plan. All determinations
      made by the Commission with respect to such correction shall be
      treated for all purposes as if they had been made within 90 days
      after adoption and release by the Association of the preliminary
      system plan. All determinations made by the Commission with
      respect to acquisitions by profitable railroads referred to in
      any supplement to the preliminary system plan published under
      section 717(b)(2) of this title shall be deemed to be timely if
      made prior to the adoption of the final system plan under section
      717(c) of this title. The determination by the Association shall
      not be reviewable in any court. The determination by the
      Commission shall not be reviewable in any court.

        (4) Where the final system plan designates specified rail
      properties of a railroad in reorganization in the region, or of a
      railroad leased, operated, or controlled by a railroad in
      reorganization in the region, to be offered for sale to and
      operated by a profitable railroad operating in the region, such
      designation shall terminate 7 days after February 5, 1976,
      unless, prior to such date, such profitable railroad has notified
      the Association in writing of its acceptance of such offer. Any
      such offer may be modified until the date of acceptance thereof,
      unless such modification results in an offer for the sale of rail
      properties at less than the net liquidation value thereof. Where
      the final system plan designates specified rail properties of a
      profitable railroad operating in the region as authorized to be
      offered for sale or lease to the Corporation or to other
      profitable railroads operating in the region, such designation
      and authorization shall terminate 95 days after the effective
      date of the final system plan unless, prior to such date, a
      binding agreement with respect to such properties has been
      entered into and concluded.
        (5) All properties - 
          (A) transferred by the Corporation pursuant to subsection
        (c)(1)(C) of this section and section 791(d) of this title;
          (B) transferred by the Corporation to any State (or local or
        regional transportation authority), pursuant to subsection
        (c)(1)(D) of this section, or
          (C) transferred by the Corporation to any State, local or
        regional transportation authority, or the National Railroad
        Passenger Corporation, within 3 years after the date of
        conveyance, pursuant to section 743(b)(1) of this title, to
        meet the needs of commuter or intercity rail passenger service,

      shall be transferred at a value related to the value received
      from the Corporation pursuant to the final system plan for the
      transfer to such Corporation of such properties. The value of any
      such properties, which are transferred pursuant to subparagraph
      (B) or (C) of this paragraph, shall be adjusted to reflect the
      value attributable to any applicable maintenance and improvement
      provided by the Corporation (to the extent the Corporation has
      not been released from the obligation to pay for such
      improvements) and the cost to the Corporation of transferring
      such properties. The Corporation, its Board of Directors, and its
      individual directors shall not be liable to any party, for money
      damages or in any other manner, solely by reason of the fact that
      the Corporation transferred property pursuant to section 743 of
      this title to meet the needs of commuter or intercity rail
      passenger service or for purposes of providing rail marine
      freight floating service, except as otherwise provided with
      respect to the Corporation pursuant to section 743(c)(2) of this
      title.
        (6) Notwithstanding any statement to the contrary in the final
      system plan, a State (or a local or regional transportation
      authority) shall not be required to deliver to the Corporation a
      firm commitment to acquire rail properties designated to such
      State or authority prior to 7 days after February 5, 1976.
        (7) Notwithstanding any contrary provision in the options
      conveyed to the Corporation by railroads in reorganization, or
      railroads leased, operated, or controlled by a railroad in
      reorganization, with respect to the acquisition by the
      Corporation pursuant to the final system plan, on behalf of a
      State (or a local or regional transportation authority) of rail
      properties designated under subsection (c)(1)(D) of this section,
      such options shall not be deemed to have expired prior to 7 days
      after September 30, 1976. The exercise by the Corporation of any
      such option shall be effective if it is made, prior to the
      expiration of such 7-day period, in the manner prescribed in such
      options.
    (e) Corporation features
      The final system plan shall set forth - 
        (1) pro forma earnings for the Corporation, as reasonably
      projected and considering the additions or changes in the
      designation of rail properties to be operated by the Corporation
      which may be made under subsection (d)(4) of this section;
        (2) the capital structure of the Corporation, based on the pro
      forma earnings of the Corporation as set forth, including such
      debt capitalization as shall be reasonably deemed to conform to
      the requirements of the public interest with respect to railroad
      debt securities, including the adequacy of coverage of fixed
      charges; and
        (3) the manner in which employee stock ownership plans may, to
      the extent practicable, be utilized for meeting the
      capitalization requirements of the Corporation, taking into
      account (A) the relative cost savings compared to conventional
      methods of corporate finance; (B) the labor cost savings; (C) the
      potential for minimizing strikes and producing more harmonious
      relations between labor organizations and railway management; (D)
      the projected employee dividend incomes; (E) the impact on
      quality of service and prices to railway users; and (F) the
      promotion of the objectives of this chapter of creating a
      financially self-sustaining railway system in the region which
      also meets the service needs of the region and the Nation.
    (f) Value
      The final system plan shall designate the value of all rail
    properties to be transferred under the final system plan and the
    value of the securities and other benefits to be received for
    transferring those rail properties to the Corporation in accordance
    with the final system plan.
    (g) Other provisions
      The final system plan may recommend arrangements among various
    railroads for joint use or operation of rail properties on a shared
    ownership, cooperative, pooled, or condominium-type basis, subject
    to such terms and conditions as may be specified in the final
    system plan. The final system plan shall also make such
    designations as are determined to be necessary in accordance with
    the provisions of section 762 or 763 (!3) of this title.

    (h) Obligational authority
      The final system plan shall recommend the amount of obligations
    of the Association which are necessary to enable it to implement
    the final system plan.
    (i) Terms and conditions for securities
      The final system plan may include terms and conditions for any
    securities to be issued by the Corporation in exchange for the
    conveyance of rail properties under the final system plan which in
    the judgement of the Association will minimize any actual or
    potential debt burden on the Corporation. Any such terms and
    conditions for securities of the Corporation which purport to
    directly obligate the Association shall not become effective
    without affirmative approval, with or without modification by a
    joint resolution of the Congress.
    (j) Additional properties deemed designated
      Any rail properties over which rail service was being provided as
    of February 5, 1976, and which were recommended in the preliminary
    system plan for transfer to the Corporation, shall be deemed to be
    designated in the final system plan for transfer to the Corporation
    under subsection (c)(1)(A) of this section. Any designation in the
    final system plan, pursuant to subsection (c)(1)(B) of this
    section, of overhead trackage rights to be acquired by a profitable
    railroad operating in the region over specified rail properties to
    be acquired by the Corporation, where such designation does not (1)
    authorize such profitable railroad to interchange traffic with at
    least one railroad, or (2) provide for the connection of portions
    of such profitable railroad's rail properties, and where the
    transfer of ownership of such rail properties (including trackage
    rights) to such profitable railroad was recommended in the
    preliminary system plan, and the Commission has made a
    determination with respect thereto, in accordance with subsection
    (d)(3) of this section, shall be deemed to authorize such
    profitable railroad to interchange traffic with the Corporation and
    any other profitable railroad connecting with such specified rail
    properties.

-SOURCE-
    (Pub. L. 93-236, title II, Sec. 206, Jan. 2, 1974, 87 Stat. 994;
    Pub. L. 94-5, Sec. 2(b), Feb. 28, 1975, 89 Stat. 7; Pub. L. 94-210,
    title VI, Sec. 607(e)-(j), (o)-(q), title VIII, Sec. 807, Feb. 5,
    1976, 90 Stat. 96-98, 143; Pub. L. 94-436, Secs. 2, 4, Sept. 30,
    1976, 90 Stat. 1398; Pub. L. 94-555, title II, Sec. 202(a), (c),
    Oct. 19, 1976, 90 Stat. 2616, 2617; Pub. L. 95-611, Sec. 4(a), Nov.
    8, 1978, 92 Stat. 3090.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Clean Air Act Amendments of 1970, referred to in subsec. (a)(6),
    mean Pub. L. 91-604, Dec. 31, 1970, 84 Stat. 1676. For complete
    classification of this Act to the Code, see Short Title of 1970
    Amendment note set out under section 7401 of Title 42, The Public
    Health and Welfare, and Tables.
      Section 712(b) of this title, referred to in subsec. (b), which
    related to additional duties of the Association, was repealed and
    section 712(c) of this title was redesignated section 712(b) by
    Pub. L. 97-35, title XI, Sec. 1148(a), Aug. 13, 1981, 95 Stat. 674.
      Section 714 of this title, referred to in subsec. (b), was
    omitted from the Code.
      Subchapter III of chapter 113 of title 49, referred to in subsec.
    (d)(3), was omitted in the general amendment of subtitle IV of
    Title 49, Transportation, by Pub. L. 104-88, title I, Sec. 102(a),
    Dec. 29, 1995, 109 Stat. 804. Previously, in subsec. (d)(3),
    "subchapter III of chapter 113 of title 49" was substituted for
    "section 5 of part I of the Interstate Commerce Act (49 U.S.C. 5)"
    on authority of Pub. L. 95-473, Sec. 3(b), Oct. 17, 1978, 92 Stat.
    1446, the first section of which enacted subtitle IV (Sec. 10101 et
    seq.) of Title 49.
      Sections 762 and 763 of this title, referred to in subsec. (g),
    were repealed by Pub. L. 94-210, title VIII, Sec. 806, Feb. 5,
    1976, 90 Stat. 143, eff. Apr. 1, 1978.


-MISC1-
                                AMENDMENTS                            
      1978 - Subsec. (d)(5)(C). Pub. L. 95-611 substituted "3 years"
    for "900 days".
      1976 - Subsec. (c)(1)(A). Pub. L. 94-210, Sec. 607(g), inserted
    proviso relating to notice by the Corporation to the Association.
      Subsec. (c)(1)(B). Pub. L. 94-210, Sec. 607(f), inserted
    provision relating to alternative designations to be made under
    this paragraph.
      Subsec. (c)(1)(D). Pub. L. 94-210, Sec. 607(j), designated
    existing provision as cl. (i) and added cl. (ii).
      Subsec. (c)(2). Pub. L. 94-210, Sec. 607(h), inserted provision
    relating to sale of designated properties to a subsidiary of the
    Corporation.
      Subsec. (d)(1). Pub. L. 94-210, Sec. 607(i), inserted "or any
    subsidiary thereof" after "Corporation" wherever appearing.
      Subsec. (d)(3). Pub. L. 94-210, Sec. 607(e), inserted provisions
    relating to correction to the preliminary system plan published in
    40 Fed. Reg. 16377, determinations made with respect to such
    correction by the Commission, and determinations made with respect
    to acquisitions referred to in any supplement to the preliminary
    system plan.
      Subsec. (d)(4). Pub. L. 94-210, Sec. 607(o), inserted provision
    relating to modification of offer until the date of acceptance, and
    substituted "95" for "60" and "7 days after February 5, 1976," for
    "30 days after the effective date of the final system plan".
      Subsec. (d)(5). Pub. L. 94-555, Sec. 202(a), inserted "or for
    purposes of providing rail marine freight floating service" after
    "intercity rail passenger service".
      Pub. L. 94-436, Sec. 2, inserted provision relieving the
    Corporation, its Board of Directors, and its individual directors
    from liability to any party by reason of the fact that the
    Corporation transferred property pursuant to section 743 of this
    title.
      Pub. L. 94-210, Sec. 807, restructured provisions and substituted
    provisions relating to valuation of transferred properties
    transferred by the Corporation and adjustment of such valuation,
    for provisions relating to valuation of transferred properties sold
    by the Corporation.
      Subsec. (d)(6). Pub. L. 94-210, Sec. 607(p), added par. (6).
      Subsec. (d)(7). Pub. L. 94-555, Sec. 202(c), inserted "by the
    Corporation pursuant to the final system plan" after "with respect
    to the acquisition".
      Pub. L. 94-436, Sec. 4, added par. (7).
      Subsec. (j). Pub. L. 94-210, Sec. 607(q), added subsec. (j).
      1975 - Subsec. (a)(1). Pub. L. 94-5 inserted "and express" after
    "rail".

                     EFFECTIVE DATE OF 1978 AMENDMENT                 
      Section 4(b) of Pub. L. 95-611 provided that: "The amendment made
    by this Act [probably meaning this section 4, which amended section
    716 of this title] shall be effective on January 2, 1974."

                     EFFECTIVE DATE OF 1976 AMENDMENT                 
      Amendment by Pub. L. 94-555 effective Oct. 1, 1976, see section
    303 of Pub. L. 94-555, set out as a note under section 702 of this
    title.


-TRANS-
        ABOLITION OF INTERSTATE COMMERCE COMMISSION AND TRANSFER OF
                                 FUNCTIONS
      Interstate Commerce Commission abolished and functions of
    Commission transferred, except as otherwise provided in Pub. L. 104-
    88, 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.


-MISC2-
            APPLICABILITY OF NATIONAL ENVIRONMENTAL POLICY ACT        
      Application of National Environmental Policy Act to actions of
    Commission not affected by title VI of Pub. L. 94-210, see section
    619 of Pub. L. 94-210, set out as a note under section 791 of this
    title.

-FOOTNOTE-
    (!1) See References in Text note below.

    (!2) See References in Text note below.

    (!3) See References in Text note below.


-End-



-CITE-
    45 USC Sec. 717                                             01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 16 - REGIONAL RAIL REORGANIZATION
    SUBCHAPTER II - UNITED STATES RAILWAY ASSOCIATION

-HEAD-
    Sec. 717. Adoption of final system plan

-STATUTE-
    (a) Preliminary system plan
      (1) Within 420 days after January 2, 1974, the Association shall
    adopt and release a preliminary system plan prepared by it on the
    basis of reports and other information submitted to it by the
    Secretary, the Office, and interested persons in accordance with
    this chapter and on the basis of its own investigations,
    consultations, research, evaluation, and analysis pursuant to this
    chapter. Copies of the preliminary system plan shall be transmitted
    by the Association to the Secretary, the Office, the Governor and
    public utility commission of each State in the region, the
    Congress, each court having jurisdiction over a railroad in
    reorganization in the region, the special court, and interested
    persons, and a copy shall be published in the Federal Register. The
    Association shall invite and afford interested persons an
    opportunity to submit comments on the preliminary system plan to
    the Association within 60 days after the date of its release.
      (2) The Office is authorized and directed to hold public hearings
    on the preliminary system plan and to make available to the
    Association a summary and analysis of the evidence received in the
    course of such proceedings, together with its critique and
    evaluation of the preliminary system plan, not later than 60 days
    after the date of release of such plan. The Office is authorized to
    hold public hearings on any supplement to the preliminary system
    plan and to make available to the Association a summary and
    analysis of the evidence received in the course of such
    proceedings, together with its critique and evaluation of such
    supplement, not later than 30 days after the release of such
    supplement.
    (b) Approval
      (1) Within 120 days after January 2, 1974, each United States
    district court or other court having jurisdiction over a railroad
    in reorganization shall decide whether the railroad is
    reorganizable on an income basis within a reasonable time under
    section 77 of the Bankruptcy Act and that the public interest would
    be better served by continuing the present reorganization
    proceedings than by a reorganization under this chapter. Within 60
    days after the submission of the report by the Office, under
    section 715(d)(1) of this title, on the Secretary's report on rail
    services in the region, each United States district court or other
    court having jurisdiction over a railroad in reorganization shall
    decide whether or not such railroad shall be reorganized by means
    of transferring some of its rail properties to the Corporation
    pursuant to the provisions of this chapter. Because of the strong
    public interest in the continuance of rail transportation in the
    region pursuant to a system plan devised under the provisions of
    this chapter, each such court shall order that the reorganization
    be proceeded with pursuant to this chapter unless it (1) has found
    that the railroad is reorganizable on an income basis within a
    reasonable time under section 77 of the Bankruptcy Act and that the
    public interest would be better served by such a reorganization
    than by a reorganization under this chapter, or (2) finds that this
    chapter does not provide a process which would be fair and
    equitable to the estate of the railroad in reorganization in which
    case it shall dismiss the reorganization proceeding. If a court
    does not enter an order or make a finding as required by this
    subsection, the reorganization shall be proceeded with pursuant to
    this chapter. An appeal from an order made under this section may
    be made only to the special court. Appeal to the special court
    shall be taken within 10 days following entry of an order pursuant
    to this subsection, and the special court shall complete its review
    and render its decision within 80 days after such appeal is taken.
    There shall be no review of the decision of the special court.
      (2) Whenever it has been finally determined pursuant to the
    procedures of paragraph (1) of this subsection, that the
    reorganization of a railroad subject to reorganization under
    section 77 of the Bankruptcy Act shall not be proceeded with
    pursuant to this chapter, the court having jurisdiction over such
    railroad may, upon a petition which is filed within 10 days after
    February 28, 1975, by the trustees of such railroad, reconsider
    such order. Such reorganization court shall (i) affirm its previous
    order or (ii) issue an order that the reorganization of such
    railroad be proceeded with pursuant to this chapter unless it finds
    that this chapter does not provide a process which would be fair
    and equitable. The provisions of paragraph (1) of this subsection
    are applicable in such reconsideration, except that (A) such
    reorganization court shall make its decision within 30 days after
    such petition is filed, and (B) any decision by the special court
    on appeal from such a decision shall be rendered within 30 days
    after such reorganization court decision is made. There shall be no
    review of the decision of the special court. The Association shall
    take any steps it finds necessary, consistent with time limitations
    and other provisions of this chapter, to effectuate the
    consequences of such a revised order, including the preparation and
    submission of any necessary or appropriate supplements to the
    preliminary system plan.
    (c) Adoption
      Within 540 days after January 2, 1974, the executive committee of
    the Association shall prepare and submit a final system plan for
    the approval of the Board of Directors of the Association. A copy
    of such submission shall be simultaneously presented to the
    Commission. The submission shall reflect evaluation of all
    responses and summaries of responses received, testimony at any
    public hearings, and the results of additional study and review.
    Within 30 days thereafter, the Board of Directors of the
    Association shall by a majority vote of all its members approve a
    final system plan which meets all of the requirements of section
    716 of this title.
    (d) Review of Commission
      Within 30 days following the adoption of the final system plan by
    the Association under subsection (c) of this section and the
    submission of such plan to Congress under section 718(a) of this
    title, the Commission shall submit to the Congress an evaluation of
    the final system plan delivered to both Houses of Congress.

-SOURCE-
    (Pub. L. 93-236, title II, Sec. 207, Jan. 2, 1974, 87 Stat. 998;
    Pub. L. 93-488, Sec. 1(a), (b), Oct. 26, 1974, 88 Stat. 1464; Pub.
    L. 94-5, Sec. 4, Feb. 28, 1975, 89 Stat. 7.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 77 of the Bankruptcy Act, referred to in subsec. (b)(1),
    (2), was classified to section 205 of former Title 11, Bankruptcy.
    The Bankruptcy Act (act July 1, 1898, ch. 541, 30 Stat. 544, as
    amended) was repealed effective Oct. 1, 1979, by Pub. L. 95-598,
    Secs. 401(a), 402(a), Nov. 6, 1978, 92 Stat. 2682, section 101 of
    which enacted revised Title 11. For current provisions relating to
    railroad reorganization, see subchapter IV (Sec. 1161 et seq.) of
    chapter 11 of Title 11.
      Section 715(d)(1) of this title, referred to in subsec. (b)(1),
    is a reference to section 715(d)(1) prior to amendment by Pub. L.
    94-210. Section 715 was repealed by Pub. L. 95-473, Sec. 4(b), Oct.
    17, 1978, 92 Stat. 1466, the first section of which enacted
    subtitle IV (Sec. 10101 et seq.) of Title 49, Transportation.


-MISC1-
                                AMENDMENTS                            
      1975 - Subsec. (a)(2). Pub. L. 94-5, Sec. 4(b), inserted
    provisions authorizing the Office to hold public hearings on
    supplements to the preliminary system plan and to make available to
    the Association a summary and analysis of the evidence received in
    the course of such proceedings, together with its critique and
    evaluation of the supplement not later than 30 days after the
    release of the supplement.
      Subsec. (b). Pub. L. 94-5, Sec. 4(a), designated existing
    provisions as par. (1) and added par. (2).
      1974 - Subsec. (a)(1). Pub. L. 93-488, Sec. 1(a), substituted
    "420" for "300".
      Subsec. (c). Pub. L. 93-488, Sec. 1(b), substituted "540" for
    "420".


-TRANS-
      ABOLITION OF SPECIAL COURT, REGIONAL RAIL REORGANIZATION ACT OF
                      1973, AND TRANSFER OF FUNCTIONS
      Special court abolished and all jurisdiction and functions
    transferred to United States District Court for District of
    Columbia, see section 719(b)(2) of this title.

        ABOLITION OF INTERSTATE COMMERCE COMMISSION AND TRANSFER OF
                                 FUNCTIONS
      Interstate Commerce Commission abolished and functions of
    Commission transferred, except as otherwise provided in Pub. L. 104-
    88, 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-



-CITE-
    45 USC Sec. 718                                             01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 16 - REGIONAL RAIL REORGANIZATION
    SUBCHAPTER II - UNITED STATES RAILWAY ASSOCIATION

-HEAD-
    Sec. 718. Review by Congress

-STATUTE-
    (a) General
      The Board of Directors of the Association shall deliver the final
    system plan adopted by the Association to both Houses of Congress
    and to the Committee on Energy and Commerce of the House of
    Representatives and the Committee on Commerce, Science, and
    Transportation of the Senate. The final system plan shall be deemed
    approved at the end of the first period of 60 calendar days of
    continuous session of Congress after such date of transmittal
    unless either the House of Representatives or the Senate passes a
    resolution during such period stating that it does not favor the
    final system plan.
    (b) Revised plan
      If either the House or the Senate passes a resolution of
    disapproval under subsection (a) of this section, the Association,
    with the cooperation and assistance of the Secretary and the
    Office, shall prepare, determine, and adopt a revised final system
    plan. Each such revised plan shall be submitted to Congress for
    review pursuant to subsection (a) of this section.
    (c) Computation
      For purposes of this section - 
        (1) continuity of session of Congress is broken only by an
      adjournment sine die; and
        (2) the days on which either House is not in session because of
      an adjournment of more than 3 days to a day certain are excluded
      in the computation of the 60-day period.
    (d) Additions
      (1) The supplemental report, dated September 18, 1975, to the
    final system plan, and the provisions of the Association's official
    errata supplement to the final system plan, dated December 1, 1975,
    including all designations made therein, shall be treated for all
    purposes as if they had been part of and included in the final
    system plan adopted by the Association and reviewed by the
    Congress. The final system plan shall, for all purposes, be deemed
    to be approved as modified and amended by such supplemental report
    and such supplement.
      (2) The Association may, upon petition of any State, modify the
    final system plan to make further designations with respect to rail
    properties of railroads in reorganization in the region designated
    for transfer to the Corporation under such plan, if such
    designations (A) are likely to result in improved rail service on
    such rail properties and connecting rail properties, and (B) would
    not materially impair the profitability of the Corporation. Such
    designations, including designations of such rail properties to a
    State, a profitable railroad, or a responsible person, may be made
    at any time prior to delivery of the final system plan to the
    special court under section 719(c) of this title. Such further
    designations shall be treated for all purposes as if they had been
    included in the final system plan adopted by the Association and
    reviewed by the Congress, and the final system plan shall for all
    purposes be deemed to be approved as modified by such designations.
    Any action of the Association with respect to any such petition
    shall not be subject to review by any court.
      (3)(A) Within 20 days after February 5, 1976, the Association
    may, by notice to the Congress and by publication in the Federal
    Register, modify, supplement, or add to the designations of rail
    properties in the final system plan if the Association finds such
    actions are necessary to - 
        (i) achieve the efficient implementation of the final system
      plan, or
        (ii) provide for the offer to profitable railroads of rail
      properties designated in the final system plan to the
      Corporation, if such properties are not essential in the
      operation of other rail properties of the Corporation but are or
      would be integrally related to the operation of rail properties
      of (or which are offered pursuant to the final system plan to)
      such profitable railroad, or
        (iii) provide for the designation of additional rail properties
      to the Corporation or to a subsidiary thereof to enable the
      Corporation to serve efficiently a line of railroad designated to
      the Corporation in the final system plan if such line does not
      connect with any other line of railroad so designated to the
      Corporation or if such line would be served more efficiently as a
      consequence of such designation.

    Any designation to a profitable railroad pursuant to this paragraph
    shall comply with the second sentence of section 716(d)(4) of this
    title, and shall only be made upon a finding by the Association
    that such designation is integrally related to an offer of rail
    properties to a profitable railroad in the final system plan, that
    the goals of the final system plan require that the rail properties
    be operated as a part of the rail properties included in such
    offer, and that the implementation of such designation will not
    materially and adversely affect the impact of such offer on the
    profitability of the Corporation or any profitable railroad
    operating in the region. Any designation to a profitable railroad
    pursuant to this subsection, which amends any prior offer, shall
    terminate 30 days after February 5, 1976, unless, prior to such
    date, such profitable railroad has notified the Association in
    writing of its acceptance of such amendment to the prior offer.
      (B) If a line of railroad or any segment thereof is designated
    for rail service in the final system plan, no designation may be
    made by the Association pursuant to this paragraph which would
    result in such line or segment not being so designated. Any
    designations made pursuant to this paragraph shall be treated for
    all purposes as if they had been included in the final system plan
    adopted by the Association and reviewed by the Congress. The final
    system plan shall for all purposes be deemed to be approved as
    amended by such designations.
      (C) Any designations made pursuant to this paragraph shall not be
    subject to review by any court.
      (D) Any labor agreements entered into under section 778 (!1) of
    this title shall be subject to further negotiations for any
    modifications which may be necessary to implement designations made
    pursuant to this paragraph.


-SOURCE-
    (Pub. L. 93-236, title II, Sec. 208, Jan. 2, 1974, 87 Stat. 999;
    Pub. L. 94-210, title VI, Sec. 601(e), Feb. 5, 1976, 90 Stat. 84;
    S. Res. 4, Feb. 4, 1977; H. Res. 549, Mar. 25, 1980.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 778 of this title, referred to in subsec. (d)(3)(D), was
    repealed by Pub. L. 97-35, title XI, Sec. 1144(a)(1), Aug. 13,
    1981, 95 Stat. 669.


-MISC1-
                                AMENDMENTS                            
      1976 - Subsec. (d). Pub. L. 94-210 added subsec. (d).

-CHANGE-
                              CHANGE OF NAME                          
      Committee on Interstate and Foreign Commerce of the House of
    Representatives changed to Committee on Energy and Commerce
    immediately prior to noon on Jan. 3, 1981, by House Resolution No.
    549, Ninety-sixth Congress, Mar. 25, 1980. Committee on Energy and
    Commerce of House of Representatives treated as referring to
    Committee on Transportation and Infrastructure of House of
    Representatives, in case of provisions of law relating to
    railroads, railway labor, or railroad retirement and unemployment,
    by section 1(c)(1) of Pub. L. 104-14, set out as a note preceding
    section 21 of Title 2, The Congress.
      Committee on Commerce of the Senate abolished and replaced by
    Committee on Commerce, Science, and Transportation of the Senate,
    effective Feb. 11, 1977. See Rule XXV of Standing Rules of the
    Senate, as amended by Senate Resolution No. 4 (popularly cited as
    the "Committee System Reorganization Amendments of 1977"), approved
    Feb. 4, 1977.


-TRANS-
      ABOLITION OF SPECIAL COURT, REGIONAL RAIL REORGANIZATION ACT OF
                      1973, AND TRANSFER OF FUNCTIONS
      Special court abolished and all jurisdiction and functions
    transferred to United States District Court for District of
    Columbia, see section 719(b)(2) of this title.

      ABOLITION OF UNITED STATES RAILWAY ASSOCIATION AND TRANSFER OF
                         FUNCTIONS AND SECURITIES
      See section 1341 of this title.


-MISC2-
            APPLICABILITY OF NATIONAL ENVIRONMENTAL POLICY ACT        
      Application of National Environmental Policy Act to actions of
    Commission not affected by title VI of Pub. L. 94-210, see section
    619 of Pub. L. 94-210, set out as a note under section 791 of this
    title.

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    45 USC Sec. 719                                             01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 16 - REGIONAL RAIL REORGANIZATION
    SUBCHAPTER II - UNITED STATES RAILWAY ASSOCIATION

-HEAD-
    Sec. 719. Judicial review

-STATUTE-
    (a) General
      Notwithstanding any other provision of law, the final system plan
    which is adopted by the Association and which becomes effective
    after review by the Congress is not subject to review by any court
    except in accordance with this section. After the final system plan
    becomes effective under section 718 of this title, it may be
    reviewed with respect to matters concerning the value of the rail
    properties to be conveyed under the plan and the value of the
    consideration to be received for such properties.
    (b) Special court
      (1) Within 30 days after January 2, 1974, the Association shall
    make application to the judicial panel on multi-district litigation
    authorized by section 1407 of title 28 for the consolidation in a
    single, three-judge district court of the United States of all
    judicial proceedings with respect to the final system plan. Within
    30 days after such application is received, the panel shall make
    the consolidation in a district court (cited herein as the "special
    court") which the panel determines to be convenient to the parties
    and the one most likely to be able to conduct any proceedings under
    this section with the least delay and the greatest possible
    fairness and ability. Such proceedings shall be conducted by the
    special court which shall be composed of three Federal judges who
    shall be selected by the panel, except that none of the judges
    selected may be a judge assigned to a proceeding involving any
    railroad in reorganization in the region under section 77 of the
    Bankruptcy Act. The special court is authorized to exercise the
    powers of a district judge in any judicial district with respect to
    such proceedings and such powers shall include those of a
    reorganization court. The special court shall have the power to
    order the conveyance of rail properties of railroads leased,
    operated, or controlled by a railroad in reorganization in the
    region. The special court may issue rules for the conduct of any
    proceedings under this section and under section 745 of this title,
    including rules with respect to the time within which motions may
    be filed, and with respect to appropriate representation of
    interests not otherwise represented (including the Secretary with
    respect to a petition by the Association in the case of a proposal
    developed by the Secretary, under such section 745 of this title).
    No determination by the panel under this subsection may be reviewed
    in any court.
      (2) The special court referred to in paragraph (1) of this
    subsection is abolished effective 90 days after October 19, 1996.
    On such effective date, all jurisdiction and other functions of the
    special court shall be assumed by the United States District Court
    for the District of Columbia. With respect to any proceedings that
    arise or continue after the date on which the special court is
    abolished, the references in the following provisions to the
    special court established under this subsection shall be deemed to
    refer to the United States District Court for the District of
    Columbia:
        (A) Subsections (c), (e)(1), (e)(2), (f) and (g) of this
      section.
        (B) Sections 712(d)(3), (g), 717(a)(1), (b)(1), (b)(2),
      718(d)(2), 741(e)(2), (g), (k)(3), (k)(15), 743(a)(1), (a)(2),
      (b)(1), (b)(6)(A), (c)(1), (c)(2), (c)(3), (c)(4), (c)(5),
      744(a)(1)(B), (i)(3), 745(c), (d)(1), (d)(2), (d)(3), (d)(4),
      (d)(5), (d)(8), (e), (f)(1), (f)(2)(B), (f)(2)(D), (f)(2)(E),
      (f)(3), 746(a), (b), (c)(4), and 791(b)(3), (c) of this title).
        (C) Sections 1105(a) and 1115 of this title.
        (D) Sections 1323(2)(A)(iii), (2)(B), (2)(C), (3)(C), (3)(E),
      (4)(A) and 1324(b) of this title.
        (E) Section 24907(b) of title 49.
        (F) Any other Federal law (other than this subsection and
      section 605 of the Federal Courts Improvement Act of 1996),
      Executive order, rule, regulation, delegation of authority, or
      document of or relating to the special court as previously
      established under paragraph (1) of this subsection.
    (c) Delivery of plan to special court
      Within 90 days after its effective date, the Association shall
    deliver a certified copy of the final system plan to the special
    court and shall certify to the special court - 
        (1) which rail properties of the respective railroads in
      reorganization in the region and of any person leased, operated,
      or controlled by such railroads in reorganization are to be
      transferred to the Corporation, or any subsidiary thereof, in
      accordance with the final system plan;
        (2) which rail properties of the respective railroads in
      reorganization in the region or person leased,(!1) operated, or
      controlled by such railroads in reorganization are to be conveyed
      to profitable railroads, in accordance with the final system
      plan;

        (3) the amount, terms, and value of the securities of the
      Corporation or any subsidiary thereof (including any certificates
      of value of the Association) to be exchanged for those rail
      properties to be transferred to the Corporation or any subsidiary
      thereof pursuant to the final system plan, and as indicated in
      paragraph (1) of this subsection; and
        (4) that the transfer of rail properties in exchange for
      securities of the Corporation or any subsidiary thereof
      (including any certificates of value of the Association) and
      other benefits is fair and equitable and in the public interest.

    Notwithstanding any other provisions of this subsection and
    subsection (d) of this section, the time for the delivery of a
    certified copy of the final system plan shall be March 12, 1976,
    and may be extended to a date not more than 30 days thereafter,
    prescribed in a notice filed by the Association not later than
    February 17, 1976, with the special court, the Congress, and each
    court referred to in such subsection (d) of this section. Such
    notice shall contain the certification of the Association that an
    orderly conveyance of rail properties cannot reasonably be effected
    before the date for conveyance determined with respect to such
    notice. The time prescribed in section 743(a) of this title shall
    be determined with respect to the date prescribed in such notice.
    (d) Bankruptcy courts
      Within 90 days after its effective date, the Association shall
    deliver a certified copy of the final system plan to each district
    court of the United States or any other court having jurisdiction
    over a railroad in reorganization in the region and shall certify
    to each such court - 
        (1) which rail properties of that railroad in reorganization
      are to be transferred to the Corporation or any subsidiary
      thereof under the final system plan; and
        (2) which rail properties of that railroad in reorganization,
      if any, are to be conveyed to profitable railroads operating in
      the region, under the final system plan.
    (e) Original and exclusive jurisdiction
      (1) Notwithstanding any other provision of law, any civil action -
     
        (A) for injunctive or other relief against the Association from
      the enforcement, operation, or execution of this chapter or any
      provision thereof, or from any action taken by the Association
      pursuant to authority conferred or purportedly conferred under
      this chapter;
        (B) challenging the constitutionality of this chapter or any
      provision thereof;
        (C) challenging the legality of any action of the Association,
      or any failure of the Association to take any action, pursuant to
      authority conferred or purportedly conferred under this chapter;
        (D) to obtain, inspect, copy, or review any document in the
      possession or control of the Association that would be
      discoverable in litigation pursuant to section 743(c) of this
      title;
        (E) brought after a conveyance, pursuant to section 743(b) of
      this title, to set aside or annul such conveyance or to secure in
      any way the reconveyance of any rail properties so conveyed; or
        (F) with respect to continuing reorganization and supplemental
      transactions, in accordance with section 745 of this title;

    shall be within the original and exclusive jurisdiction of the
    special court. The special court shall not hear or determine any
    such action prior to the date of conveyance, pursuant to section
    743(b)(1) of this title, except as the Constitution may require.
    Relief shall not be granted in any action referred to in
    subparagraph (A), (C), or (E) unless the person seeking such relief
    establishes that the Association acted in reckless or deliberate
    disregard of applicable law.
      (2) The original and exclusive jurisdiction of the special court
    shall include any action, whether filed by any interested person or
    initiated by the special court itself, to interpret, alter, amend,
    modify, or implement any of the orders entered by such court
    pursuant to section 743(b) of this title in order to effect the
    purposes of this chapter or the goals of the final system plan.
    During the pendency of any proceeding described in this paragraph,
    the special court may enter such orders as it determines to be
    appropriate, including orders enjoining, restraining, conditioning,
    or limiting any conveyance, transfer, or use of any asset or right
    which is subject to such an order or which is at issue in such a
    proceeding, or which involves the enforcement of any liens or
    encumbrances upon such assets or rights. Any orders pursuant to
    this paragraph which interpret, alter, amend, modify, or implement
    orders entered by the special court shall be final and shall not be
    restrained or enjoined by any court.
      (3) An order or judgment of the United States District Court for
    the District of Columbia in any action referred to in this section
    shall be reviewable in accordance with sections 1291, 1292, and
    1294 of title 28.
    (f) Disposition of cash deposits
      Whenever the compensation which is deposited with the special
    court under section 743(a) of this title is in the form of cash,
    such cash shall be invested and reinvested upon such terms and
    conditions as the special court shall determine, pending the making
    of the findings referred to in paragraphs (1), (2), and (3) of
    section 743(c) of this title. Notwithstanding section 743(c)(4) of
    this title, the special court may order (1) the income from such
    investments, (2) the dividends or interest, if any, received on any
    securities or obligations deposited with the special court under
    such section 743(a) of this title, and (3) the income, if any,
    received with respect to any other form of compensation so
    deposited, to be distributed to the trustee of each railroad in
    reorganization and to any person leased, operated or controlled by
    such a railroad which conveyed the right, title, and interest in
    the rail properties with respect to which such cash, securities,
    obligations, or other compensation have been so deposited with the
    special court. Notwithstanding section 743(c)(4) of this title, the
    special court may, within 90 days after the date of conveyance of
    rail properties pursuant to section 743(b) of this title, order up
    to 25 percent of any cash (including investments made with cash)
    and other compensation deposited with the special court to be
    distributed to such trustee or person. On petition of the
    applicable trustee or person, the special court may order such
    additional distributions as it finds reasonable and appropriate,
    prior to the making of the findings referred to in paragraphs (1),
    (2), and (3) of such section 743(c) of this title.
    (g) Stay of court proceedings
      The special court may stay or enjoin any action or proceeding in
    any State court or in any court of the United States other than the
    Supreme Court or Court of Appeals for the District of Columbia
    Circuit if such action or proceeding is contrary to any provision
    of this chapter, impairs the effective implementation of this
    chapter, or interferes with the execution of any order of the
    special court pursuant to this chapter.

-SOURCE-
    (Pub. L. 93-236, title II, Sec. 209, Jan. 2, 1974, 87 Stat. 999;
    Pub. L. 94-210, title VI, Secs. 602(a), (b), 607(i), (l), (r), (s),
    Feb. 5, 1976, 90 Stat. 86, 97, 98; Pub. L. 94-216, Sec. 2, Feb. 17,
    1976, 90 Stat. 191; Pub. L. 95-199, Sec. 3, Nov. 23, 1977, 91 Stat.
    1423; Pub. L. 100-352, Sec. 6(d), June 27, 1988, 102 Stat. 663;
    Pub. L. 104-317, title VI, Sec. 605(a), (b)(1), (c)(1), Oct. 19,
    1996, 110 Stat. 3858, 3859.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 77 of the Bankruptcy Act, referred to in subsec. (b)(1),
    was classified to section 205 of former Title 11, Bankruptcy. The
    Bankruptcy Act (act July 1, 1898, ch. 541, 30 Stat. 544, as
    amended) was repealed effective Oct. 1, 1979, by Pub. L. 95-598,
    Secs. 401(a), 402(a), Nov. 6, 1978, 92 Stat. 2682, section 101 of
    which enacted revised Title 11. For current provisions relating to
    railroad reorganization, see subchapter IV (Sec. 1161 et seq.) of
    chapter 11 of Title 11.
      Section 605 of the Federal Courts Improvement Act of 1996,
    referred to in subsec. (b)(2)(F), is section 605 of Pub. L. 104-
    317, title VI, Oct. 19, 1996, 110 Stat. 3858, which amended this
    section and sections 743, 745, 1104, and 1105 of this title and
    enacted provisions set out as notes under this section.

-COD-
                               CODIFICATION                           
      Amendment of subsec. (c)(2) by section 607(s) of Pub. L. 94-210
    was executed by substituting "person leased" for "railroads leased"
    to reflect the probable intent of Congress, notwithstanding such
    section 607(s) requiring substitution of "person leased" for
    "railroad leased".


-MISC1-
                                AMENDMENTS                            
      1996 - Subsec. (b). Pub. L. 104-317, Sec. 605(a), designated
    existing provisions as par. (1) and added par. (2).
      Subsec. (e)(3). Pub. L. 104-317, Sec. 605(b)(1), added par. (3)
    and struck out former par. (3) which read as follows: "A final
    order or judgment of the special court in any action referred to in
    this section shall be reviewable only upon petition for a writ of
    certiorari to the Supreme Court of the United States. Such review
    is exclusive and any such petition shall be filed in the Supreme
    Court not more than 20 days after entry of such order or judgment."
      Subsec. (g). Pub. L. 104-317, Sec. 605(c)(1)(A), inserted "or
    Court of Appeals for the District of Columbia Circuit" after
    "Supreme Court".
      Subsec. (h). Pub. L. 104-317, Sec. 605(c)(1)(B), struck out
    subsec. (h) relating to special masters.
      1988 - Subsec. (e)(3). Pub. L. 100-352 struck out ", except that
    any order or judgment enjoining the enforcement, or declaring or
    determining the unconstitutionality or invalidity, of this chapter,
    in whole or in part, or of any action taken under this chapter,
    shall be reviewable by direct appeal to the Supreme Court of the
    United States in the same manner that an injunctive order may be
    appealed under section 1253 of title 28" before the period at end
    of first sentence and substituted "such petition shall be filed in
    the Supreme Court" for "petition or appeal shall be filed" in
    second sentence.
      1977 - Subsec. (h). Pub. L. 95-199 added subsec. (h).
      1976 - Subsec. (b). Pub. L. 94-210, Sec. 602(a), substituted
    provisions relating to issuance of rules by special court for
    conduct of proceedings under this section and section 745 of this
    title, for provisions relating to issuance of rules by panel for
    conduct of its functions under this provision.
      Subsec. (c). Pub. L. 94-210, Sec. 607(i), (l), (r), (s), inserted
    "or any subsidiary thereof" after "Corporation" wherever appearing,
    substituted "certificates of value" for "obligations" wherever
    appearing, inserted provisions at end relating to the time for the
    delivery of the final system plan on March 12, 1976, and conditions
    for extension of such date, and substituted references to person
    leased for references to railroad leased wherever appearing in
    pars. (1) and (2). See Codification note above.
      Subsec. (d)(1). Pub. L. 94-210, Sec. 607(i), inserted "or any
    subsidiary thereof" after "Corporation".
      Subsecs. (e) to (g). Pub. L. 94-210, Sec. 602(b), added subsecs.
    (e) to (g).

                     EFFECTIVE DATE OF 1996 AMENDMENT                 
      Section 605(e) of Pub. L. 104-317 provided that: "The amendments
    made by subsections (b) and (c) of this section [amending this
    section and sections 743, 745, 1104, and 1105 of this title] shall
    take effect 90 days after the date of enactment of this Act [Oct.
    19, 1996] and, except as provided in subsection (d) [enacting
    provisions set out as a note below], shall apply with respect to
    proceedings that arise or continue after such effective date."

                     EFFECTIVE DATE OF 1988 AMENDMENT                 
      Amendment by Pub. L. 100-352 effective ninety days after June 27,
    1988, except that such amendment not to apply to cases pending in
    Supreme Court on such effective date or affect right to review or
    manner of reviewing judgment or decree of court which was entered
    before such effective date, see section 7 of Pub. L. 100-352, set
    out as a note under section 1254 of Title 28, Judiciary and
    Judicial Procedure.


-TRANS-
      ABOLITION OF UNITED STATES RAILWAY ASSOCIATION AND TRANSFER OF
                         FUNCTIONS AND SECURITIES
      See section 1341 of this title.


-MISC2-
                      CASES PENDING IN SPECIAL COURT                  
      Section 605(d) of Pub. L. 104-317 provided that: "Effective 90
    days after the date of enactment of this Act [Oct. 19, 1996], any
    case pending in the special court established under section 209(b)
    of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 719(b))
    shall be assigned to the United States District Court for the
    District of Columbia as though the case had originally been filed
    in that court. The amendments made by subsection (b) of this
    section [amending this section and sections 743 and 1105 of this
    title] shall not apply to any final order or judgment entered by
    the special court for which - 
        "(1) a petition for writ of certiorari has been filed before
      the date on which the special court is abolished; or
        "(2) the time for filing a petition for writ of certiorari has
      not expired before that date."

            APPLICABILITY OF NATIONAL ENVIRONMENTAL POLICY ACT        
      Application of National Environmental Policy Act to actions of
    Commission not affected by title VI of Pub. L. 94-210, see section
    619 of Pub. L. 94-210, set out as a note under section 791 of this
    title.

      RULES OF THE SPECIAL COURT, REGIONAL RAIL REORGANIZATION ACT OF
                                   1973
      Rules of the Special Court, Regional Rail Reorganization Act of
    1973, formerly set out under this section, were omitted because the
    Special Court was abolished effective 90 days after Oct. 19, 1996.
    See subsec. (b)(2) of this section.

-FOOTNOTE-
    (!1) See Codification note below.


-End-



-CITE-
    45 USC Sec. 720                                             01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 16 - REGIONAL RAIL REORGANIZATION
    SUBCHAPTER II - UNITED STATES RAILWAY ASSOCIATION

-HEAD-
    Sec. 720. Obligations of Association

-STATUTE-
    (a) General
      To carry out the purposes of this chapter, the Association is
    authorized to issue bonds, debentures, trust certificates,
    securities, or other obligations (herein cited as "obligations") in
    accordance with this section. Such obligations shall have such
    maturities and bear such rate or rates of interest as are
    determined by the Association with the approval of the Secretary of
    the Treasury. Such obligations shall be redeemable at the option of
    the Association prior to maturity in the manner stipulated in each
    such obligation, and may be purchased by the Association in the
    open market at a price which is reasonable.
    (b) Maximum obligational authority
      The aggregate principal amount (exclusive of interest or
    additions to principal on account of accrual of interest) of
    obligations issued by the Association under this section which may
    be outstanding at any one time shall not exceed $395,000,000. No
    obligations or proceeds thereof shall be issued or made available
    after February 5, 1976, except - 
        (1) to meet existing or potential commitments for loans under
      section 721 of this title made or applied for prior to January 1,
      1976; and
        (2) for the purpose of providing loans pursuant to subsections
      (g) and (h) of section 721 of this title.
    (c) Guarantees
      The Secretary shall guarantee the payment of principal and
    interest on all obligations issued by the Association in accordance
    with this chapter and which the Association requests be guaranteed.
    All guarantees entered into by the Secretary under this section
    shall constitute general obligations of the United States for the
    payment of which its full faith and credit are pledged.
    (d) Validity
      No obligation issued by the Association under this section shall
    be terminated, canceled, or otherwise revoked, except in accordance
    with lawful terms and conditions prescribed by the Association.
    Such an obligation shall be conclusive evidence that it is in
    compliance with this section, has been approved, and is legal as to
    principal, interest, and other terms. An obligation of the
    Association shall be valid and incontestable in the hands of a
    holder, except as to fraud, duress, mutual mistake of fact, or
    material misrepresentation by or involving such holder.
    (e) The Secretary of the Treasury
      If at any time the moneys available to the Secretary are
    insufficient to enable him to discharge his responsibilities under
    subsection (c) of this section or under subsection (a) of section
    746 of this title, he shall issue notes or other obligations to the
    Secretary of the Treasury in such forms and denominations, bearing
    such maturities, and subject to such terms and conditions as may be
    prescribed by the Secretary of the Treasury. Such obligations shall
    bear interest at a rate to be determined by the Secretary of the
    Treasury taking into consideration the current average market yield
    on outstanding marketable obligations of the United States of
    comparable maturities during the month preceding the issuance of
    such obligations. The Secretary of the Treasury is authorized and
    directed to purchase any such obligations and for such purposes is
    authorized to use as a public debt transaction the proceeds from
    the sale of any securities issued under chapter 31 of title 31. The
    purposes for which securities may be issued under such chapter are
    extended to include any purchase of notes or other obligations
    issued under this subsection. At any time, the Secretary of the
    Treasury may sell any such obligations, and all sales, purchases,
    and redemptions of such obligations by the Secretary of the
    Treasury shall be treated as public debt transactions of the United
    States.
    (f) Authorization for appropriations
      There are hereby authorized to be appropriated to the Secretary
    such amounts as are necessary to discharge the obligations of the
    United States arising under this section.
    (g) Lawful investments
      All obligations issued by the Association shall be lawful
    investments and may be accepted as security for all fiduciary,
    trust, and public funds, the investment or deposit of which shall
    be under the authority and control of the United States or any
    officer or officers thereof. All such obligations issued pursuant
    to this section shall be exempt securities within the meaning of
    laws administered by the Securities and Exchange Commission.

-SOURCE-
    (Pub. L. 93-236, title II, Sec. 210, Jan. 2, 1974, 87 Stat. 1000;
    Pub. L. 94-210, title VI, Secs. 604, 607(k), Feb. 5, 1976, 90 Stat.
    88, 97; Pub. L. 94-555, title II, Sec. 203(e), Oct. 19, 1976, 90
    Stat. 2620; Pub. L. 96-448, title VII, Sec. 703(f)(3), Oct. 14,
    1980, 94 Stat. 1965.)

-COD-
                               CODIFICATION                           
      In subsec. (e), "chapter 31 of title 31" and "such chapter"
    substituted for "the Second Liberty Bond Act, as amended" and "such
    Act", respectively, on authority of Pub. L. 97-258, Sec. 4(b),
    Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted
    Title 31, Money and Finance.


-MISC1-
                                AMENDMENTS                            
      1980 - Subsec. (e). Pub. L. 96-448 inserted "or under subsection
    (a) of section 746 of this title" after "subsection (c) of this
    section".
      1976 - Subsec. (b). Pub. L. 94-555 inserted "(exclusive of
    interest or additions to principal on account of accrual of
    interest)" after "aggregate principal amount", and raised maximum
    amount allowed for outstanding obligations issued by Association to
    $395,000,000.
      Pub. L. 94-210, Sec. 604, substituted provisions authorizing
    $275,000,000 as maximum of aggregate amount of obligations
    outstanding at any one time and provisions relating to availability
    or issuance after Feb. 5, 1976, for provisions authorizing
    $1,500,000,000 as maximum of aggregate amount of obligations
    outstanding at any one time and provisions relating to limitations
    on amounts issued to Corporation and available for rehabilitation
    and modernization of rail properties.
      Subsec. (c). Pub. L. 94-210, Sec. 607(k), inserted provisions
    relating to guarantees as general obligations of the United States
    and pledge of full faith and credit for payment.

                     EFFECTIVE DATE OF 1980 AMENDMENT                 
      Amendment by Pub. L. 96-448 effective Oct. 1, 1980, see section
    710(a) of Pub. L. 96-448, set out as a note under section 1170 of
    Title 11, Bankruptcy.

                     EFFECTIVE DATE OF 1976 AMENDMENT                 
      Amendment by Pub. L. 94-555 effective Oct. 1, 1976, see section
    303 of Pub. L. 94-555, set out as a note under section 702 of this
    title.


-TRANS-
      ABOLITION OF UNITED STATES RAILWAY ASSOCIATION AND TRANSFER OF
                         FUNCTIONS AND SECURITIES
      See section 1341 of this title.


-MISC2-
            APPLICABILITY OF NATIONAL ENVIRONMENTAL POLICY ACT        
      Application of National Environmental Policy Act to actions of
    Commission not affected by title VI of Pub. L. 94-210, see section
    619 of Pub. L. 94-210, set out as a note under section 791 of this
    title.

-End-



-CITE-
    45 USC Sec. 721                                             01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 16 - REGIONAL RAIL REORGANIZATION
    SUBCHAPTER II - UNITED STATES RAILWAY ASSOCIATION

-HEAD-
    Sec. 721. Loans

-STATUTE-
    (a) General
      The Association is authorized, in accordance with the provisions
    of this section and such rules and regulations as it shall
    prescribe, to make loans to the Corporation, the National Railroad
    Passenger Corporation, and other railroads (including a railroad in
    reorganization which has been found to be reorganizable under
    section 77 of the Bankruptcy Act pursuant to section 717(b) of this
    title) in the region, for purposes of achieving the goals of this
    chapter; to a State or local or regional transportation authority
    pursuant to section 763 (!1) of this title; and to provide
    assistance in the form of loans to any railroad which (A) connects
    with a railroad in reorganization, and (B) is in need of financial
    assistance to avoid reorganization proceedings under section 77 of
    the Bankruptcy Act. No such loan shall be made by the Association
    to a railroad unless such loans shall, where applicable, be treated
    as an expense of administration. The rights referred to in the last
    sentence of section 77(j) of the Bankruptcy Act shall in no way be
    affected by this chapter.

    (b) Applications
      Each application for such a loan shall be made in writing to the
    Association in such form and with such content and other
    submissions as the Association shall prescribe to protect
    reasonably the interests of the United States. The Association
    shall publish a notice of the receipt of each such application in
    the Federal Register and shall afford interested persons an
    opportunity to comment thereon.
    (c) Terms and conditions
      Each loan shall be extended in such form, under such terms and
    conditions, and pursuant to such regulations as the Association
    deems appropriate. Such loan shall bear interest at a rate not less
    than the greater of a rate determined by the Secretary of the
    Treasury taking into consideration (1) the rate prevailing in the
    private market for similar loans as determined by the Secretary of
    the Treasury, or (2) the current average yield on outstanding
    marketable obligations of the Association with remaining periods of
    maturity comparable to the average maturities of such loans, plus
    such additional charge, if any, toward covering costs of the
    Association as the Association may determine to be consistent with
    the purposes of this chapter.
    (d) Modifications
      The Association is authorized to approve any modification of any
    provision of a loan under this section, including the rate of
    interest, time of payment of interest or principal, security, or
    any other term or condition, upon agreement of the recipient of the
    loan and upon a finding by the Association that such modification
    is equitable and necessary or appropriate to achieve the policy
    declared in subsection (f) of this section. Notwithstanding any
    other provision of this section, in the case of a loan made under
    subsection (a) of this section to a railroad in the region, the
    Association is not required to make the findings with respect to
    subsections (e)(3) and (f) of this section and may, upon the
    request of such railroad - 
        (1) continue to make advances to such railroad pursuant to such
      loan, up to the total principal provided, as of November 8, 1978,
      under the agreement between such railroad and the Association
      under this section, upon finding only that (A) a good faith
      effort has been commenced by such railroad toward the
      establishment of an employee stock ownership plan, and (B) such
      continued advances will permit the continuation of rail service
      determined by the Association, in the Final System Plan or under
      the goals of this chapter, to be desirable; and
        (2) increase the principal amount of such loan to such
      railroad, in an amount not to exceed $7,500,000, only if the
      Association makes the finding referred to in paragraph (1)(B) of
      this subsection and determines that such railroad is making a
      good faith effort to establish an employee stock ownership plan
      for review and approval by the Association. Any such approval
      shall be conditioned upon a written commitment that by December
      31, 1980, the railroad will adopt an employee stock ownership
      plan which will acquire qualifying employer securities with a
      fair market value of $250,000.

    The Association may not take any action pursuant to the preceding
    sentence of this subsection after December 31, 1981.
    (e) Prerequisites
      The Association shall make a finding in writing, before making a
    loan to any applicant under this section, that - 
        (1) the loan is necessary to achieve the goals of this chapter
      or to prevent insolvency;
        (2) it is satisfied that the business affairs of the applicant
      will be conducted in a reasonable and prudent manner; and
        (3) the applicant has offered such security as the Association
      deems necessary to protect reasonably the interests of the United
      States.
    (f) Policy
      It is the intent of Congress that loans made under this section
    shall be made on terms and conditions which furnish reasonable
    assurance that the Corporation or the railroads to which such loans
    are granted will be able to repay them within the time fixed and
    that the goals of this chapter are reasonably likely to be
    achieved.
    (g) Pre-conveyance loans to Corporation
      During the period between the effective date of the final system
    plan and the date of the conveyance of rail properties pursuant to
    section 743(b) of this title, the Association may make such loans
    in such amounts to the Corporation as the Association deems
    essential to provide for the purchase by the Corporation of
    material, supplies, equipment, and services necessary to permit the
    orderly and efficient implementation of the final system plan.
    Notwithstanding any inability of the Association during such period
    to make the finding required by subsection (e)(3) of this section
    because of any existing contingencies, the Association may make any
    such loans to the Corporation, subject to - 
        (1) the most favorable terms and conditions for assuring timely
      repayment and security as may then be reasonably available, and
        (2) the requirement that any loan to the Corporation under this
      subsection be refinanced immediately out of the proceeds of the
      first sale by the issuance of debentures under section 726 of
      this title.

    In order to assure that necessary funds are available to the
    Corporation for implementation of the final system plan, the
    Corporation is authorized to accept such loans as may be approved
    by the Association under this subsection, and any such acceptance
    shall be deemed for all purposes to constitute a reasonable and
    prudent business judgment in compliance with any fiduciary
    obligations imposed on the Corporation or its directors. For
    purposes of this subsection, the term "Corporation" includes a
    subsidiary of the Corporation.
    (h) Loans for payment of obligations
      (1)(A) The Association is authorized, subject to the limitations
    set forth in section 720(b) of this title, to enter into loan
    agreements, in amounts not to exceed, at any given time,
    $350,000,000 in the aggregate principal amount, with the
    Corporation, the National Railroad Passenger Corporation, and any
    profitable railroad to which rail properties are transferred or
    conveyed pursuant to section 743(b)(1) of this title, under which
    the Corporation, the National Railroad Passenger Corporation, and
    any profitable railroad entering into such agreement will agree to
    meet existing or prospective obligations of the railroads in
    reorganization in the region which the Association, in accordance
    with procedures established by the Association, determines should
    be paid by the Corporation, the National Railroad Passenger
    Corporation, or a profitable railroad, on behalf of such railroads
    in reorganization, in order to avoid disruptions in ordinary
    business relationships. Such obligations shall be limited to - 
        (i) amounts claimed by suppliers (including private car lines)
      of materials or services utilized or purchased in current rail
      operations;
        (ii) claims by shippers arising from current rail services;
        (iii) payments to railroads for settlement of current interline
      accounts and all other current accounts and obligations;
        (iv) claims of employees arising under the collective-
      bargaining agreements of the railroads in reorganization in the
      region and subject to section 153 of this title (including claims
      for accrued vacation and wages and similar claims arising in
      connection with labor and services performed);
        (v) claims of all employees or their personal representatives
      for personal injuries or death and subject to the provisions of
      Employers' Liability Act (45 U.S.C. 51-60);
        (vi) amounts required for adequate funding of accrued pension
      benefits existing at the time of a conveyance or discontinuance
      of service under employee pension benefit plans described in
      section 775(a) (!2) of this title;

        (vii) amounts required to provide adequate funding for payment,
      when due, of claims deriving from membership in any employee
      voluntary relief plan which provides benefits to its members and
      their beneficiaries in the event of sickness, accident,
      disability, or death, and to which both a railroad in
      reorganization and employee members have made contributions;
        (viii) amounts required to provide adequate funding for
      continuation, by the Corporation, of medical and life insurance
      coverage and benefits for retired employees of railroads in
      reorganization as required and limited by section 743(b)(6)(B) of
      this title.(!3)

        (ix) amounts required to discharge the obligations of each such
      railroad in reorganization to nonemployee claimants for personal
      injuries suffered during the period such railroad has been in
      reorganization; and
        (x) amounts required to discharge any obligation of a railroad
      in reorganization in the region to the National Railroad
      Passenger Corporation, arising out of a contract between such
      railroad in reorganization and such Corporation under which such
      railroad in reorganization is required to provide a suitable rail
      passenger station, in any case in which such railroad in
      reorganization sold a rail passenger station pursuant to a
      judicial order of condemnation prior to April 1, 1976.

      (B) The Association shall make a loan pursuant to subparagraph
    (A) of this paragraph if, notwithstanding any other requirement of
    this subsection, it finds that the Corpration,(!4) the National
    Railroad Passenger Corporation, or a profitable railroad is
    entitled to a loan pursuant to section 743(b)(6), 774(e), or 774(g)
    (!2) of this title, or if, with respect to an obligation referred
    to in subparagraph (A) of this paragraph, it finds that - 

        (i) provision for the payment of such obligation was not
      included in the financial projections of the final system plan;
        (ii) such obligation arose from rail operations prior to the
      date of conveyance of rail properties pursuant to section
      743(b)(1) of this title and is, under other applicable law, the
      responsibility of a railroad in reorganization in the region, and
      a claim is presented to a railroad in reorganization in the
      region, or the Corporation within 2 years after October 19, 1976;
        (iii) the Corporation, the National Railroad Passenger
      Corporation, or a profitable railroad has advised the Association
      that the direct payment of such obligation by the Corporation,
      the National Railroad Passenger Corporation, or a profitable
      railroad is for services or materials, the furnishing of which
      served to avoid disruptions in ordinary business relationships
      prior to the date of conveyance of rail properties pursuant to
      section 743(b)(1) of this title, or is necessary to avoid
      postconveyance disruptions in ordinary business relationships;
        (iv) the transferor is unable to pay such obligation within a
      reasonable period of time; and
        (v) with respect to loans made to the Corporation, the
      procedures to be followed by the Corporation, in seeking
      reimbursement from a railroad in reorganization in the region for
      an obligation paid on its behalf under this subsection, have been
      jointly agreed to by the Finance Committee and the Corporation,
      and the joint agreement - 
          (I) provides for the Corporation to receive reimbursement
        from the Association for any expenses incurred in seeking
        reimbursement from any railroad in reorganization in the region
        for an obligation paid on its behalf under this subsection; and
          (II) includes a stipulation of the exact procedures the
        Corporation shall undertake to avoid the finding, referred to
        in paragraph (6)(A)(i) of this subsection, that it has not
        exercised due diligence.

      (2) The trustees of each railroad in reorganization in the region
    shall attempt to negotiate agency agreements with the Corporation,
    the National Railroad Passenger Corporation, or a profitable
    railroad for the processing of all accounts receivable and accounts
    payable attributable to operations prior to the conveyance of
    property pursuant to section 743(b)(1) of this title and for the
    payment of only those accounts payable which relate to obligations
    of the estates identified in paragraph (1) of this subsection. If
    any railroad in reorganization in the region fails to conclude such
    an agreement within a reasonable time prior to such conveyance, the
    applicable reorganization courts, after giving all parties an
    opportunity to be heard, shall prescribe the terms of such an
    agency arrangement by order, giving due consideration to the need,
    wherever possible, to make such agreements uniform among the
    various estates. Nothing in this subsection shall be construed as
    permitting any district court of the United States having
    jurisdiction over the reorganization of a railroad in
    reorganization in the region to enjoin, restrain, or limit the
    Corporation, the National Railroad Passenger Corporation, or a
    profitable railroad from applying, to payment of the obligations of
    the estates identified in paragraph (1) of this subsection, amounts
    collected as (A) accounts receivable pursuant to this paragraph,
    (B) cash or other current assets identified pursuant to paragraph
    (3) of this subsection, or (C) proceeds of loans pursuant to
    paragraph (1) of this subsection. Any agency agreement executed
    prior to October 19, 1976, shall be deemed amended to the extent
    necessary to conform such agreement or order to the provisions of
    this paragraph. Nothing in this paragraph shall be construed to
    affect any payment made prior to October 19, 1976, with respect to
    obligations other than those identified in paragraph (1) of this
    subsection.
      (3) The Association may, not less than 30 days prior to the date
    of conveyance pursuant to section 743(b)(1) of this title, petition
    each district court of the United States having jurisdiction over
    the reorganization of a railroad in reorganization in the region
    for an order, which shall be entered prior to such conveyance, and
    which - 
        (A) identifies that cash and other current assets of the estate
      of such railroad which shall be utilized to satisfy obligations
      of the estates identified in paragraph (1) of this subsection;
      and
        (B) provides for the application by the trustees of such
      railroads and their agents, consistent with the principles of
      reorganization under section 77 of the Bankruptcy Act and with
      the agency agreement specified in paragraph (2) of this
      subsection, of all such current assets, including cash available
      as of or subsequent to such date of conveyance, to the payment in
      the postconveyance period of the obligations of the estates
      identified in paragraph (1) of this subsection.

      (4)(A) Each obligation of a railroad in reorganization in the
    region which is paid with financial assistance under paragraph (1)
    of this subsection shall be processed, on behalf of such railroad,
    by the Corporation, the National Railroad Passenger Corporation, or
    a profitable railroad, whichever is appropriate. An obligation of a
    railroad in reorganization in the region shall be paid, on behalf
    of such railroad, by the Corporation, the National Railroad
    Passenger Corporation, or a profitable railroad, whichever is
    appropriate, if - 
        (i) such obligation is deemed by the Corporation, the National
      Railroad Passenger Corporation, or a profitable railroad,
      whichever is appropriate, to have been, on the date of conveyance
      of rail properties pursuant to section 743(b)(1) of this title,
      the obligation of a railroad in reorganization in the region;
        (ii) such obligation accrues after such date of conveyance but
      as a result of rail operations conducted prior to such date, and
      the trustees of such railroad in reorganization acknowledge that
      it is an obligation of such railroad; or
        (iii) the district court of the United States having
      jurisdiction over such railroad in reorganization in the region
      approves such obligation as a valid administrative claim against
      such railroad;

    to the extent that payment is required under a loan agreement with
    the Association under such paragraph (1).
      (B) The Association shall resolve any disputes among the
    Corporation, the National Railroad Passenger Corporation, and a
    profitable railroad concerning which of them shall process and pay
    any particular obligation on behalf of a particular railroad in
    reorganization.
      (C) The Corporation, the National Railroad Passenger Corporation,
    or a profitable railroad shall have a direct claim, as a current
    expense of administration, for reimbursement from the estate of a
    railroad in reorganization in the region for all obligations of
    such estate (plus interest thereon) which are paid by the
    Corporation, the National Railroad Passenger Corporation, or a
    profitable railroad, as the case may be. The right of the
    Corporation or the National Railroad Passenger Corporation to
    receive reimbursement under this subparagraph from the estate of a
    railroad in reorganization in the region shall be reduced by the
    amount, if any, of loans, plus interest forgiven under paragraph
    (5) of this subsection.
      (D)(i) Except as provided in clause (ii) of this subparagraph,
    any funds held in an escrow account by a railroad in reorganization
    on October 19, 1976, which are thereafter determined to be cash and
    other current assets of the estate of such railroad in
    reorganization, for purposes of paragraph (3) of this subsection,
    shall be applied as follows - 
        (I) first, to the reduction of any outstanding loans to the
      Corporation by the Association, pursuant to paragraph (1) of this
      subsection, the proceeds of which were used to discharge
      obligations of such railroad in reorganization;
        (II) second, to the Association to the extent of any such loans
      which have been forgiven pursuant to paragraph (5) of this
      subsection; and
        (III) third, to the payment of any remaining obligations of
      such railroad in reorganization, in accordance with the provision
      of the agency agreement entered into pursuant to paragraph (2) of
      this subsection.

      (ii) The manner of disposition set forth in clause (i) of this
    subparagraph shall not apply with respect to a railroad in
    reorganization if the Secretary (I) determines that a different
    disposition of assets is necessary to carry out a reorganization
    plan of such railroad in reorganization, and that such different
    disposition adequately protects the interests of the United States,
    and (II) transmits his determination to the court having
    jurisdiction over the reorganization of such railroad.
      (5)(A) If, at any time, the Finance Committee of the Association
    determines that the failure of the Corporation to receive full
    reimbursement with interest from the estate of a railroad in
    reorganization in the region for any obligation of such estate paid
    pursuant to this subsection could adversely affect the fairness and
    equity of the transfers and conveyances pursuant to section
    743(b)(1) of this title, or that the failure of the National
    Railroad Passenger Corporation to receive such full reimbursement
    plus interest for any such obligation would be contrary to the
    public interest, the Association shall forgive the indebtedness,
    plus accrued interest, of the Corporation or of the National
    Railroad Passenger Corporation incurred pursuant to paragraph (1)
    of this subsection in the amount recommended by the Finance
    Committee. The Association shall have a direct claim, as a current
    expense of administration of the estate of such railroad in
    reorganization, equal to the amount by which loans of the
    Corporation or of the National Railroad Passenger Corporation, plus
    interest, have been forgiven. Such direct claim shall not be
    subject to any reduction by way of setoff, cross-claim, or counter-
    claim which the estate of such railroad in reorganization may be
    entitled to assert against the Corporation, the National Railroad
    Passenger Corporation, the Association, or the United States.
      (B) The direct claim of the Association under this paragraph, and
    any direct claim authorized under paragraph (4) of this subsection,
    shall be prior to all other administrative claims of the estate of
    a railroad in reorganization, except claims arising under trustee's
    certificates or from default on the payment of such certificates.
    The Corporation, the National Rail Passenger Corporation, or a
    profitable railroad, as the case may be, shall, with respect to
    each direct claim for reimbursement pursuant to paragraph (4) of
    this subsection, file a proof of administrative expense claim with
    the trustees of the railroad in reorganization from whom
    reimbursement is sought. Each such proof of administrative expense
    claim shall set forth, by category and amount, the obligations of
    such railroad in reorganization which were paid pursuant to such
    paragraph (4).
      (6)(A) Notwithstanding any other provision of this subsection,
    the Association shall forgive any loan made to the Corporation or
    the National Railroad Passenger Corporation pursuant to this
    subsection, plus accrued interest thereon, on the 3rd anniversary
    date of any such loan, except that the Association shall not
    forgive any loan or portion thereof, in accordance with this
    paragraph, if - 
        (i) the Finance Committee makes an affirmative finding, with
      respect to such loan or portion thereof, that - 
          (I) the Corporation has not exercised due diligence in
        executing the procedures adopted pursuant to paragraph
        (1)(B)(v) of this subsection, and
          (II) the failure of the Association to forgive such loan or
        portion thereof will not adversely affect the ability of the
        Corporation to become financially self-sustaining;

        (ii) the Finance Committee so directs the Association; and
        (iii) neither House of the Congress disapproves such
      affirmative finding and direction, in accordance with the
      following provisions of this paragraph.

    A copy of each such finding, the reasons therefor, and such
    direction made by the Finance Committee, together with the comments
    and recommendations thereon of the Board of Directors of the
    Association, shall be transmitted to the Congress by the
    Association within 10 days after the date on which the Finance
    Committee makes such finding and direction, or if not so
    transmitted, shall be transmitted by the Finance Committee. Each
    such finding and direction so transmitted shall become effective
    immediately, and shall remain in effect, unless, within the first
    period of 30 calendar days of continuous session of Congress after
    the date of transmittal of such finding and direction to Congress,
    either House of Congress disapproves such finding and direction in
    accordance with the procedures specified in section 688 of title 2.
    For purposes of this paragraph, continuity of session of Congress
    is broken only in the circumstances described in section 682(5) of
    title 2.
      (B) The Association shall have a direct claim, as a current
    expense of administration of the estate of the railroad in
    reorganization whose obligations were paid with the proceeds of
    loans forgiven under this paragraph, equal to the amount by which
    the loans, plus interest, have been forgiven. Such direct claim
    shall not be subject to any reduction by way of setoff, cross-
    claim, or counterclaim which the estate of such railroad in
    reorganization may be entitled to assert against the Corporation,
    the National Railroad Passenger Corporation, the Association, or
    the United States. The direct claim of the Association under this
    paragraph shall be prior to all other administrative claims of the
    estate of the railroad in reorganization, except claims arising
    under trustee's certificates or from default on the payment of such
    certificates.
      (7) For purposes of this subsection, the term "Corporation"
    includes a subsidiary of the Corporation.

-SOURCE-
    (Pub. L. 93-236, title II, Sec. 211, Jan. 2, 1974, 87 Stat. 1001;
    Pub. L. 94-5, Sec. 5, Feb. 28, 1975, 89 Stat. 8; Pub. L. 94-210,
    title VI, Sec. 606, Feb. 5, 1976, 90 Stat. 92; Pub. L. 94-555,
    title II, Secs. 203(a)-(d), 220(a), Oct. 19, 1976, 90 Stat. 2617,
    2619, 2620, 2629; Pub. L. 95-611, Sec. 3(a), Nov. 8, 1978, 92 Stat.
    3089; Pub. L. 96-73, title II, Sec. 204(b), Sept. 29, 1979, 93
    Stat. 556; Pub. L. 96-101, Sec. 23, Nov. 4, 1979, 93 Stat. 746;
    Pub. L. 96-448, title IV, Secs. 407, 408, Oct. 14, 1980, 94 Stat.
    1948; Pub. L. 105-178, title VII, Sec. 7203(b)(3), June 9, 1998,
    112 Stat. 477.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 77 of the Bankruptcy Act, referred to in subsecs. (a) and
    (h)(3)(B), was classified to section 205 of former Title 11,
    Bankruptcy. The Bankruptcy Act (act July 1, 1898, ch. 541, 30 Stat.
    544, as amended) was repealed effective Oct. 1, 1979, by Pub. L. 95-
    598, Secs. 401(a), 402(a), Nov. 6, 1978, 92 Stat. 2682, section
    101 of which enacted revised Title 11. For current provisions
    relating to railroad reorganization, see subchapter IV (Sec. 1161
    et seq.) of chapter 11 of Title 11.
      Section 763 of this title, referred to in subsec. (a), was
    repealed by Pub. L. 94-210, title VIII, Sec. 806, Feb. 5, 1976, 90
    Stat. 143, eff. Apr. 1, 1978.
      The Employers' Liability Act (45 U.S.C. 51-60), referred to in
    subsec. (h)(1)(A)(v), is act Apr. 22, 1908, ch. 149, 35 Stat. 65,
    as amended, and is classified generally to chapter 2 (Sec. 51 et
    seq.) of this title. For complete classification of this Act to the
    Code, see Short Title note set out under section 51 of this title
    and Tables.
      Sections 774 and 775 of this title, referred to in subsec.
    (h)(1)(A)(vi), (B), were repealed by Pub. L. 97-35, title XI, Sec.
    1144(a)(1), Aug. 13, 1981, 95 Stat. 669.

-COD-
                               CODIFICATION                           
      In the closing par. of subsec. (h)(6)(A), "section 688 of title
    2" and "section 682(5) of title 2" substituted for "section 1017 of
    the Congressional Budget and Impoundment Control Act of 1974 (31
    U.S.C. 1407)" and "section 1011(5) of that Act (31 U.S.C.
    1401(5))", respectively, to reflect the transfer of sections 1407
    and 1401 of former Title 31, Money and Finance, to sections 688 and
    682 of Title 2, the Congress.


-MISC1-
                                AMENDMENTS                            
      1998 - Subsec. (i). Pub. L. 105-178 struck out heading and text
    of subsec. (i). Text read as follows: "Upon application by the
    Corporation or any other railroad, the Secretary shall, pursuant to
    the provisions of and within the obligational limitations contained
    in sections 831 through 833 of this title, guarantee obligations of
    the Corporation or such railroad for the purpose of electrifying
    high-density mainline routes if the Secretary finds that such
    electrification will return operating and financial benefits to the
    Corporation or such railroad and will facilitate compatibility with
    existing or renewed electrification systems. Upon application by
    the Corporation or by any railroad in reorganization in the region
    which receives a loan under subsection (a) of this section, the
    Secretary shall, pursuant to the provisions of and within the
    obligational limitations contained in sections 831 through 833 of
    this title, guarantee obligations of the Corporation or such
    railroad for purposes of making capital improvements to coal export
    facilities. The aggregate unpaid principal amount of obligations
    which may be guaranteed by the Secretary under this paragraph shall
    not exceed $200,000,000 at any one time."
      1980 - Subsec. (d). Pub. L. 96-448, Sec. 408, substituted
    "Association is not required to make the findings with respect to
    subsections (e)(3) and (f) of this section and may" for
    "Association may" in provision preceding par. (1), "$7,500,000" for
    "$4,000,000" in par. (2), and "December 31, 1981" for "December 31,
    1980" in provision following par. (2).
      Subsec. (i). Pub. L. 96-448, Sec. 407, substituted "Corporation
    or any other railroad, the Secretary" for "Corporation, the
    Secretary", "Corporation or such railroad for the purpose" for
    "Corporation for the purpose", and "Corporation or such railroad
    and will facilitate" for "Corporation and will facilitate" and
    inserted provision authorizing the Secretary, upon application and
    with regard to obligational limitations, to guarantee obligations
    of the Corporation or such railroad for the purposes of making
    capital improvements to coal export facilities.
      1979 - Subsec. (d)(2). Pub. L. 96-101 substituted "$4,000,000"
    for "$2,000,000", "and determines that such railroad is making a
    good faith effort to establish an employee stock ownership plan for
    review and approval by the Association" for "and such railroad has
    in effect an employee stock ownership plan which has been approved
    by the Association", and "December 31, 1980" for "December 31,
    1979" and inserted provision requiring that any such approval be
    conditioned upon a written commitment that by December 31, 1980,
    the railroad will adopt an employee stock ownership plan which will
    acquire qualifying employer securities with a fair market value of
    $250,000.
      Subsec. (h)(1)(A)(viii). Pub. L. 96-73, Sec. 204(b)(1),
    substituted "funding for continuation, by the Corporation, of
    medical and life insurance coverage and benefits for retired
    employees of railroads in reorganization as required and limited by
    section 743(b)(6)(B) of this title" for "funding for payment, when
    due, of medical and life insurance benefits for employees (whether
    or not their employment was governed by a collective bargaining
    agreement) on account of their service with a railroad in
    reorganization prior to the date of conveyance pursuant to section
    743(b)(1) of this title, and for individuals who retired, prior to
    such date of conveyance, from service with a railroad in
    reorganization".
      Subsec. (h)(6). Pub. L. 96-73, Sec. 204(b)(2)(A)-(C),
    redesignated existing provisions as subpar. (A), and in subpar. (A)
    as so redesignated, redesignated former subpars. (A) to (C) as cls.
    (i) to (iii), respectively, and former cls. (i) and (ii) of former
    subpar. (A) as subcls. (I) and (II) of cl. (i), respectively, and
    added subpar. (B).
      1978 - Subsec. (d). Pub. L. 95-611 inserted provision authorizing
    increase of loans to railroads until Dec. 31, 1979.
      1976 - Subsec. (g). Pub. L. 94-210 added subsec. (g).
      Subsec. (h). Pub. L. 94-210 added subsec. (h).
      Subsec. (h)(1). Pub. L. 94-555, Sec. 203(a), increased aggregate
    principal amount of loan agreements, at any given time, to
    $350,000,000; substituted "such railroads in reorganization" for
    "the transferors" after "railroad, in behalf of"; struck out "and
    obligations" after "all other current accounts"; inserted
    "(including claims for accrued vacation and wages and similar
    claims arising in connection with labor and services performed)"
    after "section 153 of this title"; added clauses (vii) to (x) to
    subpar. (A); authorized Association to make loans pursuant to
    subpar. (A), as amended, and inserted reference to section
    743(b)(6) of this title; inserted provisions that claim arising
    prior to conveyance of rail properties must be presented to a
    railroad in reorganization in the region, or the Corporation within
    2 years after Oct. 19, 1976, and that loan requested is for direct
    payment made for services or materials, the furnishing of which
    avoided disruption of ordinary business relationships prior to date
    of conveyance or made to avoid postconveyance disruptions; and
    added subcls. (I) and (II) to cl. (V) relating to provisions to be
    included in joint agreement between Finance Committee and the
    Corporation.
      Subsec. (h)(2). Pub. L. 94-555, Sec. 203(b), inserted "and for
    the payment of only those accounts payable which relate to the
    obligations of the estates identified in paragraph (1) of this
    subsection" after "section 743(b)(1) of this title", and inserted
    provisions relating to the jurisdiction of district courts in
    railroad reorganization proceedings.
      Subsec. (h)(4)(D). Pub. L. 94-555, Sec. 203(c), added subpar.
    (D).
      Subsec. (h)(5)(B). Pub. L. 94-555, Sec. 203(d), inserted
    provisions relating to filing proof of claim for administrative
    expense.
      Subsec. (h)(6)(A)(i). Pub. L. 94-555, Sec. 220(a), substituted
    "paragraph (1)(B)(v)" for "paragraph (1)(E)".
      Subsec. (i). Pub. L. 94-210 added subsec. (i).
      1975 - Subsec. (a). Pub. L. 94-5, Sec. 5(a), substituted "for
    purposes of achieving the goals of this chapter" for "for purposes
    of assisting in the implementation of the final system plan".
      Subsec. (e)(1). Pub. L. 94-5, Sec. 5(b), substituted "achieve the
    goals of this chapter" for "carry out the final system plan".
      Subsec. (f). Pub. L. 94-5, Sec. 5(c), substituted "goals of this
    chapter" for "goals of the final system plan".

                     EFFECTIVE DATE OF 1980 AMENDMENT                 
      Amendment by Pub. L. 96-448 effective Oct. 1, 1980, see section
    710(a) of Pub. L. 96-448, set out as a note under section 1170 of
    Title 11, Bankruptcy.

                     EFFECTIVE DATE OF 1979 AMENDMENT                 
      Amendment by Pub. L. 96-73 effective Nov. 4, 1978, see section
    501(b) of Pub. L. 96-73, set out as a note under section 743 of
    this title.

                     EFFECTIVE DATE OF 1976 AMENDMENT                 
      Amendment by Pub. L. 94-555 effective Oct. 1, 1976, see section
    303 of Pub. L. 94-555, set out as a note under section 702 of this
    title.


-TRANS-
      ABOLITION OF UNITED STATES RAILWAY ASSOCIATION AND TRANSFER OF
                         FUNCTIONS AND SECURITIES
      See section 1341 of this title.


-MISC2-
            APPLICABILITY OF NATIONAL ENVIRONMENTAL POLICY ACT        
      Application of National Environmental Policy Act to actions of
    Commission not affected by title VI of Pub. L. 94-210, see section
    619 of Pub. L. 94-210, set out as a note under section 791 of this
    title.

-FOOTNOTE-
    (!1) See References in Text note below.

    (!2) See References in Text note below.

               

    (!3) So in original. The period probably should be a semicolon.

    (!4) So in original. Should be "Corporation,".


-End-



-CITE-
    45 USC Sec. 722                                             01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 16 - REGIONAL RAIL REORGANIZATION
    SUBCHAPTER II - UNITED STATES RAILWAY ASSOCIATION

-HEAD-
    Sec. 722. Records, audit, and examination

-STATUTE-
    (a) Records
      Each recipient of financial assistance under this subchapter,
    whether in the form of loans, obligations, or other arrangements,
    shall keep such records as the Association or the Secretary shall
    prescribe, including records which fully disclose the amount and
    disposition by such recipient of the proceeds of such assistance
    and such other records as will facilitate an effective audit.
    (b) Audit and examination
      The Association, the Secretary, and the Comptroller General of
    the United States, or any of their duly authorized representatives
    shall, until the expiration of 3 years after the implementation of
    the final system plan, have access for the purpose of audit and
    examination to any books, documents, papers, and records of such
    recipients which in the opinion of the Association, the Secretary,
    or the Comptroller General may be related or pertinent to the
    loans, obligations or other arrangements referred to in subsection
    (a) of this section. The Association or any of its duly authorized
    representatives shall, until any financial assistance received
    under this subchapter has been repaid to the Association, have
    access to any such materials which concern any matter that may bear
    upon - 
        (1) the ability of the recipient of such financial assistance
      to make repayment within the time fixed therefor;
        (2) the effectiveness with which the proceeds of such
      assistance is used; and
        (3) the implementation of the final system plan and the
      realization of the declaration of policy of this chapter.

-SOURCE-
    (Pub. L. 93-236, title II, Sec. 212, Jan. 2, 1974, 87 Stat. 1002.)


-TRANS-
      ABOLITION OF UNITED STATES RAILWAY ASSOCIATION AND TRANSFER OF
                         FUNCTIONS AND SECURITIES
      See section 1341 of this title.

-End-



-CITE-
    45 USC Sec. 723                                             01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 16 - REGIONAL RAIL REORGANIZATION
    SUBCHAPTER II - UNITED STATES RAILWAY ASSOCIATION

-HEAD-
    Sec. 723. Emergency assistance pending implementation

-STATUTE-
    (a) Emergency assistance
      The Secretary is authorized, pending the implementation of the
    final system plan, to pay to the trustees of railroads in
    reorganization such sums as are necessary for the continued
    provision of essential transportation services by such railroads.
    Such payments shall be made by the Secretary upon such reasonable
    terms and conditions as the Secretary establishes, except that
    recipients must agree to maintain and provide service at a level no
    less than that in effect on January 2, 1974. Where the Secretary
    and the trustees agree that funds provided pursuant to this section
    are to be used (together with funds provided pursuant to section
    725 of this title, if any) to perform program maintenance on
    designated rail properties until the date rail properties are
    conveyed under this chapter or to improve such designated
    properties, such agreement shall contain the conditions set forth
    in section 725(b) of this title.
    (b) Authorization of appropriations
      There are authorized to be appropriated to the Secretary for
    carrying out this section such sums as are necessary, not to exceed
    $282,000,000, to remain available until expended. Of amounts
    authorized to be appropriated under this subsection, $50,000,000
    shall be available solely to pay to the trustees of railroads in
    reorganization such sums as may be necessary to provide such
    railroads with amounts equal to revenues attributable to tariff
    increases proposed by such railroads and suspended by the
    Interstate Commerce Commission during the calendar year 1975, if
    the Secretary determines that such payments are necessary to carry
    out this section.

-SOURCE-
    (Pub. L. 93-236, title II, Sec. 213, Jan. 2, 1974, 87 Stat. 1003;
    Pub. L. 94-5, Sec. 6, Feb. 28, 1975, 89 Stat. 8.)


-MISC1-
                                AMENDMENTS                            
      1975 - Subsec. (a). Pub. L. 94-5, Sec. 6(a), inserted provision
    that, where Secretary and trustees agree that funds provided
    pursuant to this section are to be used (together with funds
    provided pursuant to section 725 of this title, if any) to perform
    program maintenance on designated rail properties until date rail
    properties are conveyed under this chapter or to improve such
    designated properties, such agreement contain conditions set forth
    in section 725(b) of this title.
      Subsec. (b). Pub. L. 94-5, Sec. 6(b), substituted "$282,000,000"
    for "$85,000,000" and inserted provision that, of amounts
    authorized to be appropriated under this subsection $50,000,000 be
    available solely to pay to trustees of railroads in reorganization
    sums necessary to provide railroads with amounts equal to revenues
    attributable to tariff increases proposed by railroads and
    suspended by Interstate Commerce Commission during calendar year
    1975, if Secretary determines that payments are necessary to carry
    out this section.


-TRANS-
        ABOLITION OF INTERSTATE COMMERCE COMMISSION AND TRANSFER OF
                                 FUNCTIONS
      Interstate Commerce Commission abolished and functions of
    Commission transferred, except as otherwise provided in Pub. L. 104-
    88, 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.

-End-



-CITE-
    45 USC Sec. 724                                             01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 16 - REGIONAL RAIL REORGANIZATION
    SUBCHAPTER II - UNITED STATES RAILWAY ASSOCIATION

-HEAD-
    Sec. 724. Authorization of appropriations

-STATUTE-
    (a) Secretary
      There are authorized to be appropriated to the Secretary for
    purposes of preparing the reports and exercising other functions to
    be performed by him under this chapter such sums as are necessary,
    not to exceed $12,500,000, to remain available until expended.
    There are authorized to be appropriated to the Secretary such sums
    as may be necessary to discharge the obligations of the United
    States arising under section 743(c)(5) of this title.
    (b) Office
      There are authorized to be appropriated to the Commission for the
    use of the Office in carrying out its functions under this chapter
    such sums as are necessary, not to exceed $7,000,000, to remain
    available until expended. The budget for the Office shall be
    submitted by the Commission directly to the Congress and shall not
    be subject to review of any kind by any other agency or official of
    the United States. Moneys appropriated for the Office shall not be
    withheld by any agency or official of the United States or used by
    the Commission for any purpose other than the use of the Office. No
    part of any other moneys appropriated to the Commission shall be
    withheld by any other agency or official of the United States to
    offset any moneys appropriated pursuant to this subsection.
    (c) Association
      There are authorized to be appropriated to the Association for
    purposes of carrying out its administrative expenses under this
    chapter not to exceed $13,000,000 for the fiscal year ending
    September 30, 1982, and not to exceed $4,000,000 for the fiscal
    year ending September 30, 1983. Sums appropriated under this
    subsection are authorized to remain available until expended.

-SOURCE-
    (Pub. L. 93-236, title II, Sec. 214, Jan. 2, 1974, 87 Stat. 1003;
    Pub. L. 93-488, Sec. 1(c), Oct. 26, 1974, 88 Stat. 1464; Pub. L. 94-
    210, title VI, Sec. 607(m), (n), Feb. 5, 1976, 90 Stat. 97; Pub.
    L. 94-436, Sec. 1, Sept. 30, 1976, 90 Stat. 1398; Pub. L. 95-199,
    Sec. 1, Nov. 23, 1977, 91 Stat. 1423; Pub. L. 95-611, Sec. 1, Nov.
    8, 1978, 92 Stat. 3089; Pub. L. 96-73, title II, Sec. 201, Sept.
    29, 1979, 93 Stat. 555; Pub. L. 96-448, title VII, Sec. 704, Oct.
    14, 1980, 94 Stat. 1965; Pub. L. 97-35, title XI, Sec. 1151, Aug.
    13, 1981, 95 Stat. 676.)


-MISC1-
                                AMENDMENTS                            
      1981 - Subsec. (c). Pub. L. 97-35 substituted provisions relating
    to authorization of appropriations for fiscal years ending Sept.
    30, 1982, and 1983, for provisions relating to authorization of
    appropriations for fiscal year ending Sept. 30, 1981.
      1980 - Subsec. (c). Pub. L. 96-448 substituted provision
    authorizing appropriations of not to exceed $30,000,000 for fiscal
    year ending Sept. 30, 1981, for provision authorizing
    appropriations of not to exceed $28,500,000 for fiscal year ending
    Sept. 30, 1980.
      1979 - Subsec. (c). Pub. L. 96-73 substituted appropriations
    authorization of $28,500,000 for fiscal year ending Sept. 30, 1980
    for $27,200,000 for fiscal year ending Sept. 30, 1979.
      1978 - Subsec. (c). Pub. L. 95-611 substituted provision
    authorizing appropriations of $27,200,000 for fiscal year ending
    Sept. 30, 1979, to remain available until expended, for provision
    authorizing appropriations of $23,000,000 for fiscal year ending
    Sept. 30, 1978, to remain available until Sept. 30, 1979.
      1977 - Subsec. (c). Pub. L. 95-199 substituted provisions
    authorizing appropriations for fiscal year ending Sept. 30, 1978,
    of not to exceed $23,000,000 and authorizing availability of sums
    to Sept. 30, 1979, for provisions authorizing appropriations for
    the period beginning May 1, 1976, and ending Sept. 30, 1977, of not
    to exceed $20,000,000 and authorizing availability of sums to Sept.
    30, 1978.
      1976 - Subsec. (a). Pub. L. 94-210, Sec. 607(n), inserted
    provision authorizing appropriation of sums to discharge the
    obligation of the United States under section 743(c)(5) of this
    title.
      Subsec. (b). Pub. L. 94-210, Sec. 607(m)(1), substituted
    "$7,000,000" for "$5,000,000".
      Subsec. (c). Pub. L. 94-436 substituted provisions authorizing
    appropriations of such sums as are necessary not to exceed
    $20,000,000 for the period beginning May 1, 1976, and ending Sept.
    30, 1977 to remain available until Sept. 30, 1978 for provisions
    authorizing appropriations of such sums as are necessary not to
    exceed $40,000,000 to remain available until expended.
      Pub. L. 94-210, Sec. 607(m)(2), authorized appropriation of not
    to exceed $14,000,000 for fiscal period which includes fiscal
    period ending Sept. 30, 1977.
      1974 - Subsec. (c). Pub. L. 93-488 substituted "$40,000,000" for
    "$26,000,000".

                     EFFECTIVE DATE OF 1981 AMENDMENT                 
      Amendment by Pub. L. 97-35 effective Aug. 13, 1981, see section
    1169 of Pub. L. 97-35, set out as an Effective Date note under
    section 1101 of this title.

                     EFFECTIVE DATE OF 1980 AMENDMENT                 
      Amendment by Pub. L. 96-448 effective Oct. 1, 1980, see section
    710(a) of Pub. L. 96-448, set out as a note under section 1170 of
    Title 11, Bankruptcy.

                     EFFECTIVE DATE OF 1979 AMENDMENT                 
      Amendment by Pub. L. 96-73 effective Oct. 1, 1979, see section
    501(a) of Pub. L. 96-73.


-TRANS-
        ABOLITION OF INTERSTATE COMMERCE COMMISSION AND TRANSFER OF
                                 FUNCTIONS
      Interstate Commerce Commission abolished and functions of
    Commission transferred, except as otherwise provided in Pub. L. 104-
    88, 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.


-MISC2-
            APPLICABILITY OF NATIONAL ENVIRONMENTAL POLICY ACT        
      Application of National Environmental Policy Act to actions of
    Commission not affected by title VI of Pub. L. 94-210, see section
    619 of Pub. L. 94-210, set out as a note under section 791 of this
    title.

-End-



-CITE-
    45 USC Sec. 725                                             01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 16 - REGIONAL RAIL REORGANIZATION
    SUBCHAPTER II - UNITED STATES RAILWAY ASSOCIATION

-HEAD-
    Sec. 725. Interim agreements

-STATUTE-
    (a) Purposes
      Prior to the date upon which rail properties are conveyed to the
    Corporation under this chapter, the Secretary, with the approval of
    the Association, is authorized to enter into agreements with the
    trustees of the railroads in reorganization in the region (or
    railroads leased, operated, or controlled by railroads in
    reorganization) - 
        (1) to perform the program maintenance on designated rail
      properties of such railroads until the date rail properties are
      conveyed under this chapter;
        (2) to improve rail properties of such railroads; and
        (3) to acquire rail properties for lease or loan to any such
      railroads until the date such rail properties are conveyed under
      this chapter, and subsequently for conveyance pursuant to the
      final system plan, or to acquire interests in such rail
      properties owned by or leased to any such railroads or in
      purchase money obligations therefor.
    (b) Conditions
      Agreements pursuant to subsection (a) of this section shall
    contain such reasonable terms and conditions as the Secretary may
    prescribe. In addition, agreements under paragraphs (1) and (2) of
    subsection (a) of this section shall provide that - 
        (1) to the extent that physical condition is used as a basis
      for determining, under section 716(f) or 743(c) of this title,
      the value of properties subject to such an agreement and
      designated for transfer to the Corporation under the final system
      plan, the physical condition of the properties on the effective
      date of the agreement shall be used; and
        (2) in the event that property subject to the agreement is
      sold, leased, or transferred to an entity other than the
      Corporation, the trustees or railroad shall pay or assign to the
      Secretary that portion of the proceeds of such sale, lease, or
      transfer which reflects value attributable to the maintenance and
      improvement provided pursuant to the agreement.
    (c) Obligations
      Notwithstanding section 720(b) of this title, the Association
    shall issue obligations under section 720(a) of this title in an
    amount sufficient to finance such agreements and shall require the
    Corporation to assume any such obligations. The aggregate amount of
    obligations issued under this section and outstanding at any one
    time shall not exceed $300,000,000. The Association, with the
    approval of the Secretary, shall designate in the final system plan
    that portion of such obligations issued or to be issued which shall
    be refinanced and the terms thereof, and that portion from which
    the Corporation shall be released of its obligations.
    (d) Conveyance
      The Secretary may convey to the Corporation or any subsidiary
    thereof, with or without receipt of consideration, any property or
    interests acquired by, transferred to, or otherwise held by the
    Secretary pursuant to this section or section 723 of this title.

-SOURCE-
    (Pub. L. 93-236, title II, Sec. 215, Jan. 2, 1974, 87 Stat. 1004;
    Pub. L. 94-5, Sec. 7, Feb. 28, 1975, 89 Stat. 8; Pub. L. 94-210,
    title VI, Sec. 607(i), Feb. 5, 1976, 90 Stat. 97.)


-MISC1-
                                AMENDMENTS                            
      1976 - Subsec. (d). Pub. L. 94-210 inserted "or any subsidiary
    thereof" after "Corporation".
      1975 - Pub. L. 94-5 expanded provisions covering interim
    agreements for the acquisition, maintenance, and improvement of
    railroad properties, substituted provisions setting out the
    requisite conditions of such agreements for provisions making only
    a general requirement that such agreements identify the type and
    quality of improvements to be made, raised from $150,000,000 to
    $300,000,000 the maximum amount of outstanding obligations, and
    substituted provisions directing the Association in the final
    system plan to designate that portion of the obligations which
    shall be refinanced and that portion from which the Corporation
    shall be released of its obligations for provisions prohibiting the
    Secretary's entry into agreements unless he issues regulations
    setting forth procedures and guidelines for the administration of
    this section, substituted provisions authorizing the Secretary to
    convey to the Corporation property or interests held by the
    Secretary pursuant to this section or section 723 of this title for
    provisions relieving the Corporation of the duty of compensating
    railroads in reorganization for that portion of transferred
    properties attributable to the acquisition, maintenance, or
    improvement of such properties under this section.


-TRANS-
      ABOLITION OF UNITED STATES RAILWAY ASSOCIATION AND TRANSFER OF
                         FUNCTIONS AND SECURITIES
      See section 1341 of this title.


-MISC2-
            APPLICABILITY OF NATIONAL ENVIRONMENTAL POLICY ACT        
      Application of National Environmental Policy Act to actions of
    Commission not affected by title VI of Pub. L. 94-210, see section
    619 of Pub. L. 94-210, set out as a note under section 791 of this
    title.

-End-



-CITE-
    45 USC Sec. 726                                             01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 16 - REGIONAL RAIL REORGANIZATION
    SUBCHAPTER II - UNITED STATES RAILWAY ASSOCIATION

-HEAD-
    Sec. 726. Debentures and series A preferred stock

-STATUTE-
    (a) General
      The Association is authorized, in accordance with the provisions
    of this section, and such rules and regulations as it may
    prescribe, to invest from time to time in the securities of the
    Corporation by purchasing (1) up to $1,000,000,000 of debentures
    issued by the Corporation, and (2) after the acquisition of such
    debentures, up to $2,629,000,000 of the series A preferred stock of
    the Corporation.
    (b) Purposes and procedure for investment
      (1) The Association is authorized to purchase debentures and,
    thereafter, series A preferred stock of the Corporation at such
    times and in such amounts as may be required and requested by the
    Corporation in accordance with the terms and conditions governing
    such purchases (which shall be prescribed by the Association), to
    provide - 
        (A) for the modernization, rehabilitation and maintenance of
      rail properties of the Corporation;
        (B) for the acquisition of equipment and other capital needs;
        (C) for the refinancing of indebtedness which was incurred by
      the Corporation under section 721 of this title or which was
      incurred under section 725 of this title and assumed by the
      Corporation; or
        (D) working capital as contemplated by the final system plan.

      (2) Purchases of up to $1,000,000,000 of debentures and,
    thereafter, of up to $2,300,000,000 of series A preferred stock
    shall be made by the Association as required and requested by the
    Corporation, unless the Finance Committee makes an affirmative
    finding that - 
        (A) the Corporation has failed in any material respect to
      comply with any covenants or undertakings made to the Association
      and such failure remains uncorrected;
        (B) the Corporation has failed substantially (as determined by
      performance within the margins prescribed by the Board of
      Directors) to attain the overall operating (including
      rehabilitation) and financial results projected for the
      Corporation in the final system plan (including any modifications
      of such projected results and of the performance margins
      applicable to such projected results which are jointly approved
      by the Finance Committee and the Board of Directors and which
      would improve the possibility that the Corporation will attain
      such projected results and perform within such margins, as
      modified); or
        (C) it is not reasonably likely, taking into consideration all
      relevant factors including the overall operating (including
      rehabilitation) and financial results achieved by the
      Corporation, that the Corporation will be able to become
      financially self-sustaining without requiring Federal financial
      assistance substantially in excess of the amounts authorized in
      this section.

      (3)(A) Amounts transferred to the Association pursuant to section
    509(b)(1) (!1) of the Railroad Revitalization and Regulatory Reform
    Act of 1976 may be used to purchase series A preferred stock of the
    Corporation to provide for the implementation by the Corporation of
    a program to reduce the Corporation's work force, if the Finance
    Committee finds that the implementation of such program will result
    in substantial savings to the United States.

      (B) An employee who ceases to be an employee as a result of the
    reduction of work force under a program implemented pursuant to
    this paragraph shall not, by reason of so ceasing to be an
    employee, or by reason of any work or employment entered into after
    so ceasing to be an employee, lose such employee's current
    connection with the railroad industry for the purposes of the
    Railroad Retirement Act of 1974 [45 U.S.C. 231 et seq.].
      (4) Purchases of up to $329,000,000 of a series A preferred stock
    shall be made by the Association, subject to the availability of
    appropriations, as required and requested by the Corporation, if
    the Finance Committee makes an affirmative finding that the
    Corporation has taken appropriate action to eliminate losses on
    light density lines and other lines which are unprofitable. Such
    action shall include the imposition of surcharges on such lines,
    the abandonment of such lines, and the transfer of such lines.
      (5) The authority of the Association to purchase debentures or
    series A preferred stock of the Corporation shall terminate October
    21, 1986.
    (c) Finding, direction, and review by Congress
      (1) If the Finance Committee makes an affirmative finding
    pursuant to subsection (b)(2) of this section, it may direct the
    Association - 
        (A) not to purchase any debentures or series A preferred stock
      of the Corporation after the date of such affirmative finding; or
        (B) to purchase debentures or series A preferred stock of the
      Corporation, after the date of such affirmative finding, only in
      such amounts, at such times, and on such terms and conditions
      (notwithstanding subsection (e)(1) of this section) as the
      Finance Committee determines to be appropriate to the role of the
      Association as an investor in such debentures and series A
      preferred stock.

      (2) A copy of each affirmative finding, the reasons therefor, and
    each direction made by the Finance Committee under paragraph (1) of
    this subsection, together with the comments and recommendations
    thereon of the Board of Directors of the Association, shall be
    transmitted to the Congress by the Association within 10 days after
    the date on which the Finance Committee makes such finding and
    direction, or if not so transmitted, shall be transmitted by the
    Finance Committee. Each such direction so transmitted shall become
    finally effective and is required to be implemented by the
    Association, unless within the first period of 30 calendar days of
    continuous session of Congress after the date of its transmittal to
    Congress either House of Congress disapproves such direction
    (except that such direction shall become finally effective
    immediately upon approval of such direction by both Houses of
    Congress) in accordance with the procedures specified in section
    688 of title 2. For purposes of this paragraph, continuity of
    session of Congress is broken only in the circumstances described
    in section 682(5) of title 2. During review by the Association and
    Congress, the Association shall take no action inconsistent with
    the direction of the Finance Committee pursuant to paragraph (c)(1)
    of this section, except to the extent the Association finds
    necessary, in its discretion, to assure continuous orderly
    operation of the Corporation.
      (3) If the Congress, pursuant to paragraph (2) of this
    subsection, disapproves a direction submitted to the Association
    pursuant to paragraph (1) of this subsection, the Association shall
    continue to purchase the debentures or series A preferred stock of
    the Corporation as otherwise provided in this subchapter until such
    time as a direction is submitted under this section which is not so
    disapproved (or affirmatively approved). The powers of the
    Association and of the Board of Directors of the Association shall
    remain in effect except to the extent modified by any such
    direction. If any such direction is disapproved by either House of
    Congress, the Finance Committee may, not earlier than 30 days after
    the date of such disapproval, make (and the Board of Directors of
    the Association shall transmit) any additional affirmative finding
    and direction with respect to the same matter, which direction
    shall become effective in accordance with paragraph (2) of this
    subsection. An affirmative finding and direction under this
    subsection, or action by the Association during a review thereof by
    the Congress, may not be held unlawful or set aside by any
    reviewing court on the ground that such finding and direction or
    action were not adequate to meet the requirements of subparagraph
    (A), (E), or (F) of section 706(2) of title 5.
      (4) Notwithstanding any other provision of this section, or any
    terms and conditions governing its purchase of securities of the
    Corporation, the Association shall, upon written application by the
    Corporation at least 30 days prior to such investment, make an
    initial investment in debentures of the Corporation within 60 days
    after the date of conveyance of rail properties pursuant to section
    743(b)(1) of this title. Such initial investment shall be limited
    to such amounts as the Association and Finance Committee, acting
    jointly, determine are necessary for the continued and orderly
    operations of the Corporation prior to any additional investment.
      (5) Not later than 60 days after the date of conveyance pursuant
    to section 743(b)(1) of this title, the Association shall select 6
    individuals to serve as members of the Board of Directors of the
    Corporation, subject to the provisions of section 741(d) of this
    title.
    (d) Terms and conditions
      Notwithstanding any other provision of State law, the debentures
    and the series A preferred stock of the Corporation shall have such
    terms and conditions, not inconsistent with the final system plan
    or this subchapter, as may be prescribed by the Association, except
    as follows:
        (1) The Corporation shall not be required to issue to the
      Association additional shares of series A preferred stock of the
      Corporation as a dividend on any such stock.
        (2) The dividends payable on series A preferred stock of the
      Corporation shall not be cumulative and shall be paid in cash
      when and to the extent that there is "cash available for
      restricted cash payments", as that term is defined in the final
      system plan.
        (3) After the Association calls for redemption of the
      certificates of value, no shares of series A preferred stock of
      the Corporation shall be issued in lieu of interest on the
      debentures of the Corporation and, to the extent such interest is
      not payable in cash by reason of the absence of sufficient "cash
      available for restricted cash payment", the Corporation shall
      deliver to the holders of the debentures contingent interest
      notes in a face amount equal to such unpaid interest.
        (4) If the Board of Directors of the Association and the
      Finance Committee, acting jointly, modify the terms or conditions
      governing the purchase of debentures or series A preferred stock
      of the Corporation pursuant to subsection (e)(1) of this section,
      or if the Finance Committee waives compliance with any term,
      condition, provision, or covenant of such securities pursuant to
      subsection (e)(2) of this section, the Finance Committee may
      require the Corporation to issue contingent interest notes in
      such amount as, in the determination of the Finance Committee,
      will provide protection for the United States, in the event of
      bankruptcy, reorganization, or receivership of the Corporation,
      equal to the protection the United States would have had in the
      absence of such modification or waiver.
        (5) The contingent interest notes issued pursuant to this
      section shall bear interest compounded annually at the rate of 8
      percent per annum and such notes and the accumulated interest
      thereon shall be payable only in the event of bankruptcy,
      reorganization, or receivership of the Corporation occurring
      prior to the repayment and redemption of all outstanding
      debentures and accumulated series A preferred stock of the
      Corporation. The contingent interest notes and the accumulated
      interest thereon shall have the same priority in bankruptcy,
      reorganization, or receivership as the debentures of the
      Corporation. The other terms and conditions of the contingent
      interest notes shall be as set forth in an agreement to be
      entered into between the Association and the Corporation prior to
      issuance of any debentures.
    (e) Modifications, waivers, and conversions
      (1) The Board of Directors of the Association and the Finance
    Committee, acting jointly, may agree with the Corporation to modify
    any of the terms and conditions governing the purchase by the
    Association of securities of the Corporation, upon a finding that
    such action is necessary or appropriate to achieve the purposes of
    this chapter or the goals of the final system plan.
      (2) The Finance Committee may, in its discretion and upon a
    finding that such action is necessary or appropriate to achieve the
    purposes of this chapter or the goals of the final system plan,
    waive compliance with any term, condition, provision, or covenant
    of the securities of the Corporation held by the Association,
    including any provision of such securities with respect to
    redemption of principal or issuance price, payment of interest or
    dividends, or any term or condition governing the purchase of such
    securities.
      (3) Notwithstanding any provision of State law, there shall be no
    conversion of the debentures of the Corporation into series A
    preferred stock of the Corporation, as provided in the terms and
    conditions of the debentures and pursuant to the final system plan,
    unless the Board of Directors of the Association and the Finance
    Committee jointly determine to effect such conversion.
    (f) Employee stock ownership plan
      (1) The Association shall not invest the final $345,000,000 of
    the additional investment in the Corporation authorized by the
    Regional Rail Reorganization Act Amendments of 1978 unless and
    until (A) the Corporation has in effect an employee stock ownership
    plan which satisfies the requirements of paragraphs (2) and (3),
    and (B) the requirements of the other paragraphs of this subsection
    have been satisfied.
      (2) The employee stock ownership plan shall:
        (A) provide:
          (i) for a transfer to the plan and allocation to the accounts
        of plan participants in periodic installments of Series A
        preferred stock of the Corporation with a stated redemption
        value of at least $345,000,000 or any other securities in an
        amount determined by the Association, with the concurrence of
        the Finance Committee, as constituting a meaningful interest in
        the Corporation, or any combination thereof so determined by
        the Association, with the concurrence of the Finance Committee.
        The use of Series A preferred stock to fund the Employee Stock
        Ownership Plan shall not be interpreted to relieve ConRail of
        the responsibility for repaying in full to the United States
        Railway Association its indebtedness as represented by all
        shares originally issued under Public Law 94-210 and this
        chapter;
          (ii) for immediate vesting of the rights of participants to
        such securities upon allocation, subject to defeasance as a
        result of the plan's termination which termination shall occur
        in the event that, by the end of the 120th month beginning
        after the month in which securities or interests therein are
        first allocated to participants' accounts, the Corporation has
        not attained for two consecutive quarters positive net income
        and a freight labor cost to freight revenue ratio equal to the
        average such ratio for all Class I railroads in 1977, as
        determined pursuant to procedures adopted by the Corporation
        pursuant to regulations promulgated by the Association with the
        concurrence of the Finance Committee;

        (B) be an employee benefit plan which is designed to invest
      primarily in employer securities;
        (C) meets such other requirements (similar to requirements
      applicable to employee stock ownership plans as defined in
      section 4975(e)(7) of title 26) as the Secretary of the Treasury
      or his delegate may describe;
        (D) have been approved by the Board of Directors of the
      Corporation to the extent and in the manner which may be required
      by the Corporation's articles of incorporation and bylaws then in
      effect; and
        (E) have been prepared in consultation with, and been approved
      by, the Association and the Finance Committee.

      (3) Notwithstanding any other provision of law, if a plan does
    not meet the requirements of section 401 of title 26 - 
        (A) stock transferred under paragraph (2) and allocated to the
      account of any participant under paragraph (2) shall not be
      considered income of the participant or his beneficiary under
      title 26 until such stock or dividends are actually distributed
      or made available to the participant or his beneficiary and, at
      such time, shall be taxable under section 72 of title 26
      (treating the participant or his beneficiary as having a basis of
      0 in the stock);
        (B) no amount shall be allocated to any participant under the
      plan in excess of the amount which might be allocated if the plan
      met the requirements of section 401 of title 26; and
        (C) the plan must meet the requirements of sections 410 and 415
      of title 26.

      (4) The Corporation shall adopt such terms and conditions
    governing the securities of interests therein to be transferred to
    the plan (including limitations on voting rights) as the
    Association, with the concurrence of the Finance Committee,
    determines are necessary to protect reasonably the interests of the
    United States in the litigation pursuant to section 743(c) of this
    title and in the event of any action to further reorganize or
    restructure the Corporation's assets or capital structure.
      (5) The Corporation, the Association, and a representative
    appointed by the Chairman of the Railway Labor Executives'
    Association as representative of all the classes or crafts of
    employees of the Corporation shall engage in negotiations to agree
    upon a plan in accordance with the provisions of this subsection.
    For purposes of this subsection, the Railway Labor Executives'
    Association shall be deemed to represent all of the representatives
    of crafts or classes of employees of the Corporation and its
    subsidiaries as though that organization held powers of attorney
    from each representative of a craft or class for the limited
    purposes of negotiating and agreeing upon an employee stock
    ownership plan. The parties shall incorporate their agreement into
    a written plan instrument specifying the terms and conditions set
    forth in this subsection and such other terms and conditions as
    they may decide upon, with the concurrence of the Finance
    Committee, unless the parties are unable to reach on (!2) an
    agreement on the plan following the exertion of every reasonable
    effort to do so, in accordance with the Railway Labor Act [45
    U.S.C. 151 et seq.], in which event, the Corporation and the
    Association, with the concurrence of the Finance Committee, shall
    establish a written plan with such terms and conditions as they may
    agree upon in accordance with this subsection. The plan shall not
    be subject to change under the provisions of section 6 of the
    Railway Labor Act [45 U.S.C. 156] until after such time as
    securities have been distributed from the plan to the participants
    in the plan or their beneficiaries pursuant to the terms of the
    plan. Within one year after November 1, 1978, the Corporation shall
    transmit a draft of such plan to the Congress and shall report on
    its progress in establishing and administering the plan. The report
    shall include recommendations of contractual and statutory
    provisions necessary to reasonably (A) exempt any Trustee of the
    plan, the Corporation, the Association, any member of the Finance
    Committee, and any other person from any fiduciary duty,
    responsibility or liability for the acquisition of, investment in,
    or retention of any security or interest therein of the Corporation
    or for any other transaction contemplated by this subsection and
    (B) provide for the United States to indemnify, defend, and hold
    harmless such persons against any and all liabilities, claims,
    actions, judgments, amounts paid in settlement, and costs and
    expenses actually incurred in connection with any matter so
    exempted in which it is determined that such persons were acting in
    good faith and in a manner they believed to not be opposed to the
    best interests of the plan.

      (6) Within fourteen months of November 1, 1978, the Association
    shall report to the Congress on the draft plan and on any legal
    obstacle to the ability of the Corporation to effectuate and
    implement an employee stock ownership plan of the nature
    contemplated by this subsection, including specific recommendations
    on amendments to this subsection and other relevant laws which
    would harmonize the requirements of this subsection with those
    other laws. The Department of Transportation and the Department of
    the Treasury, as each finds appropriate, shall provide separate
    comments to the Association for inclusion with such report.
      (7) For the purposes of this subsection, the officers of each
    duly authorized representative of the crafts or classes of the
    employees of the Corporation who have been given leaves of absence
    by the Corporation to serve as such officers, are to be eligible to
    participate in such plan on the same basis as are employees whose
    employment is governed by a collective bargaining agreement with
    the Corporation.
      (8)(A) Except as provided in subparagraph (B) of this paragraph,
    no person described in subparagraph (C) of this paragraph shall
    have or be subject to any fiduciary responsibility, obligation, or
    duty, nor shall any such person be subject to civil liability,
    under any Federal or State law, as a fiduciary or otherwise - 
        (i) in connection with the employee stock ownership plan and
      related trust established by the Corporation pursuant to the
      requirements of this subsection or with ConRail Equity
      Corporation (I) on account of any reorganization or restructuring
      of the Corporation, its successors or assigns, or their assets or
      capital structure, or (II) on account of any action taken or not
      taken by the Corporation which may affect its ability to attain
      the performance levels established in connection with the plan
      pursuant to paragraph (2)(A)(ii) of this subsection;
        (ii) for or in connection with the establishment, continuation
      or implementation of the plan and related trust or of ConRail
      Equity Corporation or the acquisition of, investment in or
      retention of any security of the Corporation or ConRail Equity
      Corporation, or of any of their successors and assigns, by the
      plan or ConRail Equity Corporation, or the disposition of any
      such security to the extent that such disposition is made in
      connection with a reorganization or restructuring of the
      Corporation, its successors and assigns, or their assets or
      capital structure, as directed or approved by or on behalf of the
      Association or the United States, or the acquisition or retention
      of any cash, security or other property received in connection
      with any such reorganization or restructuring; or
        (iii) for or in connection with any other action taken or not
      taken pursuant to any term or condition of the plan or related
      trust agreement or of the articles of incorporation or bylaws of
      ConRail Equity Corporation.

    Any directions described in clauses (i)(I), (ii), or (iii) shall be
    taken at the direction, or with the consent, of the Association or
    of the Secretary or his designate.
      (B) Subparagraph (A) of this paragraph shall not be interpreted
    to relieve any person from any fiduciary or other responsibility,
    obligation or duty under any Federal or State law to take or not to
    take actions with respect to the plan in connection with (i)
    receiving contributions, (ii) exercising custodial
    responsibilities, (iii) determining eligibility to participate in
    the plan, (iv) calculating, determining and paying benefits, (v)
    processing and deciding claims, (vi) preparing and distributing
    plan information, benefit statements, returns and reports, (vii)
    maintaining plan records, (viii) appointing plan fiduciaries and
    other persons to advise or assist in plan administration and (ix)
    other than as provided in subparagraph (A), acquiring, holding or
    disposing of plan assets.
      (C) For purposes of subparagraph (A) of this paragraph, the term
    "person" includes each of the following:
        (i) the trustee or trustees of the plan, the Corporation and
      its subsidiaries, ConRail Equity Corporation, the Association,
      and any of their successors and assigns;
        (ii) each director, officer, employee and agent of the
      Corporation of (!3) any of its subsidiaries, of ConRail Equity
      Corporation, of the plan, of the Association or of any of their
      successors and assigns; and

        (iii) each member of the Finance Committee and any of their
      employees and agents.

      (D) Neither this paragraph nor paragraph (9) of this subsection
    shall be construed to grant immunity from any criminal law of the
    United States or of any State or the District of Columbia.
      (9) The United States shall indemnify, defend, and hold harmless
    the persons described in paragraph (8)(C) of this subsection from
    and against any and all liabilities, claims, actions, judgments,
    amounts paid in settlement, and costs and expenses (including
    reasonable fees of accountants, experts, and attorneys) actually
    incurred in connection with the establishment, implementation, or
    operation of the plan or ConRail Equity Corporation or with any
    transaction which is required by or is appropriate to effectuate
    fully the provisions of this subsection, except as may arise in
    connection with the execution of a responsibility, obligation, or
    duty excluded from paragraph (8)(A) by paragraph (8)(B), if it is
    determined that such persons were acting in good faith. The
    indemnity provided in this paragraph shall be a full faith and
    credit obligation of the United States.
      (10) All securities of the Corporation, all securities of any
    subsidiary of the Corporation and of ConRail Equity Corporation,
    and all interests in the employee stock ownership plan which are
    issued or transferred in connection with the employee stock
    ownership plan established by the Corporation pursuant to the
    requirements of this subsection shall be deemed for all purposes to
    have been issued subject to and authorized and approved pursuant to
    section 11301(b) (!4) of title 49 and any corresponding provision
    of any successor statute.

    (g) Authorization of appropriations; reappropriation of funds
      (1) There is authorized to be appropriated to the Association
    $3,629,000,000 to be used for the purchase of securities of the
    Corporation in accordance with this section. All sums received by
    the Association on account of the holding or disposition of any
    such securities shall be deposited in the general fund of the
    Treasury.
      (2) To the extent provided in appropriation Acts, any funds
    appropriated under the authority of paragraph (1) of this
    subsection prior to January 14, 1983, may be reappropriated to the
    Secretary, to facilitate the transfer of rail commuter services
    from the Corporation to other operators, for distribution under the
    statutory provisions of section 1139(b) of the Northeast Rail
    Service Act of 1981.

-SOURCE-
    (Pub. L. 93-236, title II, Sec. 216, as added Pub. L. 94-210, title
    VI, Sec. 605, Feb. 5, 1976, 90 Stat. 89; amended Pub. L. 95-565,
    Secs. 2, 3, Nov. 1, 1978, 92 Stat. 2397; Pub. L. 96-254, title I,
    Sec. 118, May 30, 1980, 94 Stat. 406; Pub. L. 96-448, title IV,
    Sec. 405(b)(2), title VII, Sec. 703(e), (f)(1), (2), Oct. 14, 1980,
    94 Stat. 1946, 1964, 1965; Pub. L. 97-468, title V, Sec. 504(b),
    Jan. 14, 1983, 96 Stat. 2552; Pub. L. 99-509, title IV, Sec.
    4011(d), Oct. 21, 1986, 100 Stat. 1896; Pub. L. 99-514, Sec. 2,
    Oct. 22, 1986, 100 Stat. 2095.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 509 of the Railroad Revitalization and Regulatory Reform
    Act of 1976, referred to in subsec. (b)(3)(A), was classified to
    section 829 of this title prior to repeal by Pub. L. 105-178, title
    VII, Sec. 7203(a)(2), June 9, 1998, 112 Stat. 477.
      The Railroad Retirement Act of 1974, referred to in subsec.
    (b)(3)(B), is act Aug. 29, 1935, ch. 812, as amended generally by
    Pub. L. 93-445, title I, Sec. 101, Oct. 16, 1974, 88 Stat. 1305,
    which is classified generally to subchapter IV (Sec. 231 et seq.)
    of chapter 9 of this title. For further details and complete
    classification of this Act to the Code, see Codification note set
    out preceding section 231 of this title, section 231t of this
    title, and Tables.
      The Regional Rail Reorganization Act Amendments of 1978, referred
    to in subsec. (f)(1), probably means Pub. L. 95-565, Nov. 1, 1978,
    92 Stat. 2397, as amended, known as the United States Railway
    Association Amendments Act of 1978, which amended sections 726,
    747, and 825 of this title and section 975 of Title 43, Public
    Lands, and enacted a provision set out as a note under section 975
    of Title 43. For complete classification of this Act to the Code,
    see Short Title of 1978 Amendment note set out under section 701 of
    this title and Tables.
      Public Law 94-210, referred to in subsec. (f)(2)(A)(i), is 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 Railway Labor Act, referred to in subsec. (f)(5), is act May
    20, 1926, ch. 347, 44 Stat. 577, as amended, which is classified
    principally to chapter 8 (Sec. 151 et seq.) of this title. For
    complete classification of this Act to the Code, see section 151 of
    this title and Tables.
      Section 11301(b) of title 49, referred to in subsec. (f)(10), was
    omitted and a new section 11301 enacted in the general amendment of
    subtitle IV of Title 49, Transportation, by Pub. L. 104-88, title
    I, Sec. 102(a), Dec. 29, 1995, 109 Stat. 804, 837. The new section
    11301 does not relate to issuance of securities.
      Section 1139(b) of the Northeast Rail Service Act of 1981,
    referred to in subsec. (g)(2), is section 1139(b) of Pub. L. 97-35,
    title XI, Aug. 13, 1981, 95 Stat. 652, which is set out as a note
    under section 744a of this title.

-COD-
                               CODIFICATION                           
      In subsec. (c)(2), "section 688 of title 2" and "section 682(5)
    of title 2" substituted for "section 1017 of the Congressional
    Budget and Impoundment Control Act of 1974 (31 U.S.C. 1407)" and
    "section 1011(5) of that Act (31 U.S.C. 1401(5))", respectively, to
    reflect the transfer of sections 1407 and 1401 of former Title 31,
    Money and Finance, to sections 688 and 682 of Title 2, The
    Congress.


-MISC1-
                                AMENDMENTS                            
      1986 - Subsec. (b)(5). Pub. L. 99-509 added par. (5).
      Subsec. (f)(2)(C), (3). Pub. L. 99-514 substituted "Internal
    Revenue Code of 1986" for "Internal Revenue Code of 1954" wherever
    appearing, which for purposes of codification was translated as
    "title 26" thus requiring no change in text.
      1983 - Subsec. (g). Pub. L. 97-468 designated existing provisions
    as par. (1) and added par. (2).
      1980 - Subsec. (a). Pub. L. 96-448, Sec. 703(f)(1), substituted
    "$2,629,000,000" for "$2,300,000,000".
      Subsec. (b)(3). Pub. L. 96-448, Sec. 405(b)(2), added par. (3).
      Subsec. (b)(4). Pub. L. 96-448, Sec. 703(e), added par. (4).
      Subsec. (f)(5). Pub. L. 96-254, Sec. 118(a), (b), inserted
    provisions that the plan not be subject to change under the
    provisions of section 6 of the Railway Labor Act until after such
    time as securities have been distributed from the plan to the
    participants in the plan or their beneficiaries pursuant to the
    terms of the plan and that, for purposes of this subsection, the
    Railway Labor Executives' Association shall be deemed to represent
    all of the representatives of crafts or classes of employees of the
    Corporation and its subsidiaries as though that organization held
    powers of attorney from each representative of a craft or class for
    the limited purposes of negotiating and agreeing upon an employee
    stock ownership plan.
      Subsec. (f)(8) to (10). Pub. L. 96-254, Sec. 118(c), added pars.
    (8) to (10).
      Subsec. (g). Pub. L. 96-448, Sec. 703(f)(2), substituted
    "$3,629,000,000" for "$3,300,000,000".
      1978 - Subsec. (a). Pub. L. 95-565, Sec. 2(a), substituted
    "$2,300,000,000" for "$1,100,000,000".
      Subsec. (b)(2). Pub. L. 95-565, Sec. 2(b), substituted
    "$2,300,000,000" for "$1,100,000,000".
      Subsecs. (f), (g). Pub. L. 95-565, Secs. 2(c), 3, added subsec.
    (f), redesignated former subsec. (f) as (g), and substituted
    "$3,300,000,000" for "$2,100,000,000".

                     EFFECTIVE DATE OF 1980 AMENDMENT                 
      Amendment by Pub. L. 96-448 effective Oct. 1, 1980, see section
    710(a) of Pub. L. 96-448, set out as a note under section 1170 of
    Title 11, Bankruptcy.


-TRANS-
      ABOLITION OF UNITED STATES RAILWAY ASSOCIATION AND TRANSFER OF
                         FUNCTIONS AND SECURITIES
      See section 1341 of this title.


-MISC2-
            APPLICABILITY OF NATIONAL ENVIRONMENTAL POLICY ACT        
      Application of National Environmental Policy Act to actions of
    Commission not affected by title VI of Pub. L. 94-210, see section
    619 of Pub. L. 94-210, set out as a note under section 791 of this
    title.

-FOOTNOTE-
    (!1) See References in Text note below.

    (!2) So in original.

    (!3) So in original. Probably should be "or".

    (!4) See References in Text note below.


-End-



-CITE-
    45 USC Sec. 727                                             01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 16 - REGIONAL RAIL REORGANIZATION
    SUBCHAPTER II - UNITED STATES RAILWAY ASSOCIATION

-HEAD-
    Sec. 727. Additional purchases of Series A preferred stock

-STATUTE-
    (a) Federal investment
      In addition to the authority provided under section 726 of this
    title, the Association shall purchase shares of Series A preferred
    stock and accounts receivable of the Corporation after August 13,
    1981, in amounts not to exceed a total of $137,000,000.
    (b) Accounts receivable
      (1) In any further purchase under this section or section 726 of
    this title the Association shall purchase accounts receivable of
    the Corporation attributable to the dispute over the right-of-way
    related costs described in section 1111 (!1) of this title until
    the Commission resolves such dispute under such section, and
    accounts receivable of the Corporation attributable to delays in
    reimbursement from commuter authorities.

      (2) From funds provided under this section or section 726 of this
    title, the Association shall purchase Series A preferred stock of
    the Corporation, to the extent of losses on commuter service, in an
    amount not to exceed $15,000,000.
    (c) States and localities
      The Corporation shall be exempt from liability for any State tax,
    except for any tax imposed by any political subdivision of a State
    applicable to any taxable period commencing before January 1, 1987.
    (d) Debentures
      The Association shall return debentures to the Corporation in an
    amount equal to the value of the properties conveyed by the
    Corporation to Amtrak Commuter and any commuter authority.
    (e) Rights retained
      The Corporation shall retain the right to collect any accounts
    receivable attributable to delays in reimbursement from commuter
    authorities that are purchased by the Association under this
    section. No agency or instrumentality of the United States shall be
    required to collect such accounts.
    (f) Authorization of appropriations
      (1) There is authorized to be appropriated not to exceed
    $262,000,000 - 
        (A) of which not to exceed $137,000,000 shall be appropriated
      to the Association for purposes of purchasing securities and
      accounts receivable of the Corporation under this section, such
      sums to remain available until the Secretary transfers the
      Corporation under subchapter IV (!1) of this chapter;
        (B) of which not to exceed $75,000,000 shall be appropriated to
      the Secretary, to facilitate the transfer of rail commuter
      services from the Corporation to other operators, for
      distribution under the statutory provisions of section 1139(b) of
      the Northeast Rail Service Act of 1981;
        (C) of which not to exceed $35,000,000 shall be appropriated to
      the Secretary to be allocated for employee protection under
      section 1005 of this title; and
        (D) of which not to exceed $15,000,000 shall be appropriated to
      the Secretary to facilitate the transfer of rail commuter
      services from railroads that entered reorganization after
      calendar year 1974 to any commuter authority that was providing
      commuter service, operated by a railroad that entered
      reorganization after calendar year 1974, as of January 1, 1979.

      (2) All sums received on account of the holding or disposition of
    any securities or accounts receivable referred to in paragraph
    (1)(A) of this subsection shall be deposited in the general fund of
    the Treasury.
      (3) The amount authorized to be appropriated under paragraph
    (1)(B) of this subsection shall be reduced, in an amount equal to
    any amounts reappropriated under the authority of section 726(g)(2)
    of this title, upon the date of enactment of any Act which
    reappropriates such amounts.

-SOURCE-
    (Pub. L. 93-236, title II, Sec. 217, as added Pub. L. 97-35, title
    XI, Sec. 1140(a), Aug. 13, 1981, 95 Stat. 653; amended Pub. L. 97-
    468, title V, Sec. 504(c), Jan. 14, 1983, 96 Stat. 2552; Pub. L.
    99-509, title IV, Sec. 4033(b)(2), (3), Oct. 21, 1986, 100 Stat.
    1908.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 1111 of this title, referred to in subsec. (b)(1), was
    repealed by Pub. L. 105-134, title IV, Sec. 408, Dec. 2, 1997, 111
    Stat. 2586.
      Subchapter IV of this chapter, referred to in subsec. (f)(1)(A),
    was repealed by Pub. L. 99-509, title IV, Sec. 4033(a)(1), Oct. 21,
    1986, 100 Stat. 1908.
      Section 1139(b) of the Northeast Rail Service Act of 1981,
    referred to in subsec. (f)(1)(B), is section 1139(b) of Pub. L. 97-
    35, title XI, Aug. 13, 1981, 95 Stat. 652, which is set out as a
    note under section 744a of this title.


-MISC1-
                                AMENDMENTS                            
      1986 - Subsec. (c). Pub. L. 99-509, Sec. 4033(b)(2), substituted
    "applicable to any taxable period commencing before January 1,
    1987" for ", until the property of the Corporation is transferred
    by the Secretary under subchapter IV of this chapter".
      Subsec. (e). Pub. L. 99-509, Sec. 4033(b)(3), struck out "and
    shall collect" after "right to collect".
      1983 - Subsec. (a). Pub. L. 97-468, Sec. 504(c)(1), substituted
    "$137,000,000" for "$262,000,000".
      Subsec. (f). Pub. L. 97-468, Sec. 504(c)(2), designated existing
    provisions as pars. (1)(A) and (2), in (1)(A) as so designated,
    substituted $137,000,000 for $262,000,000 as limit of
    appropriations for purchase of securities and accounts receivable,
    and added pars. (1)(B) to (D) and (3).

                              EFFECTIVE DATE                          
      Section effective Aug. 13, 1981, see section 1169 of Pub. L. 97-
    35, set out as a note under section 1101 of this title.


-TRANS-
        ABOLITION OF INTERSTATE COMMERCE COMMISSION AND TRANSFER OF
                                 FUNCTIONS
      Interstate Commerce Commission abolished and functions of
    Commission transferred, except as otherwise provided in Pub. L. 104-
    88, 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.

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    45 USC Sec. 728                                             01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 16 - REGIONAL RAIL REORGANIZATION
    SUBCHAPTER II - UNITED STATES RAILWAY ASSOCIATION

-HEAD-
    Sec. 728. Reports to Congress

-STATUTE-
    (a) Progress and evaluation
      (1) The Association shall prepare and submit to Congress periodic
    reports on the progress of the Secretary in carrying out the
    provisions of subchapters II, III, and IV (!1) of this chapter.

      (2) Reports submitted under paragraph (1) of this subsection
    shall also include an evaluation of the performance of the
    Corporation in order to keep the Congress informed as to matters
    which may affect the quality of rail service in the Northeast and
    which may affect the security of Federal funds invested in the
    Corporation.
    (b) Transfer agreements
      (1) The Association shall prepare and submit to Congress a final
    report on the transfer agreements which the Secretary is required
    to transmit to Congress under section 767 (!1) of this title. Such
    report shall be submitted on the same date as the Secretary's
    transmittal of such agreements to Congress.
      (2) The report submitted under paragraph (1) of this subsection
    shall include an evaluation of the effect of the transfer
    agreements on rail service in the Northeast, railroad employees,
    the economy of the Region, other railroads in the Northeast and
    elsewhere, and any other matter which the Association considers
    appropriate. Such report shall also include recommendations with
    respect to approval, disapproval, or modification of the transfer
    agreements.

-SOURCE-
    (Pub. L. 93-236, title II, Sec. 218, as added Pub. L. 97-35, title
    XI, Sec. 1150(a), Aug. 13, 1981, 95 Stat. 675.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Subchapter IV of this chapter, including section 767 of this
    title, referred to in subsecs. (a)(1) and (b)(1), was repealed by
    Pub. L. 99-509, title IV, Sec. 4033(a)(1), Oct. 21, 1986, 100 Stat.
    1908.


-MISC1-
                              EFFECTIVE DATE                          
      Section effective Aug. 13, 1981, see section 1169 of Pub. L. 97-
    35, set out as a note under section 1101 of this title.

                   TERMINATION OF REPORTING REQUIREMENTS               
      For termination, effective May 15, 2000, of provisions of law
    requiring submittal to Congress of any annual, semiannual, or other
    regular periodic report listed in House Document No. 103-7 (in
    which a report required under subsec. (a) of this section is listed
    as the 9th item on page 195), see section 3003 of Pub. L. 104-66,
    as amended, set out as a note under section 1113 of Title 31, Money
    and Finance.


-TRANS-
      ABOLITION OF UNITED STATES RAILWAY ASSOCIATION AND TRANSFER OF
                         FUNCTIONS AND SECURITIES
      See section 1341 of this title.

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    45 USC Sec. 729                                             01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 16 - REGIONAL RAIL REORGANIZATION
    SUBCHAPTER II - UNITED STATES RAILWAY ASSOCIATION

-HEAD-
    Sec. 729. Advisory Board

-STATUTE-
      Members of the Board of Directors of the Association serving on
    the day before August 13, 1981, shall serve as an Advisory Board to
    the Association. A member of the Advisory Board who is not
    otherwise an employee of the Federal Government shall receive
    reimbursement for travel, subsistence, and other necessary expenses
    incurred in the performance of such duties. The Chairman of the
    Association shall serve as Chairman of the Advisory Board. Any
    vacancy on the Advisory Board shall be filled by the Association
    with a representative from the group which had a representative in
    the vacant position.

-SOURCE-
    (Pub. L. 93-236, title II, Sec. 219, as added Pub. L. 97-35, title
    XI, Sec. 1150(a), Aug. 13, 1981, 95 Stat. 675.)


-MISC1-
                              EFFECTIVE DATE                          
      Section effective Aug. 13, 1981, see section 1169 of Pub. L. 97-
    35, set out as a note under section 1101 of this title.


-TRANS-
      ABOLITION OF UNITED STATES RAILWAY ASSOCIATION AND TRANSFER OF
                         FUNCTIONS AND SECURITIES
      See section 1341 of this title.


-MISC2-
                      TERMINATION OF ADVISORY BOARDS                  
      Advisory boards established after Jan. 5, 1973, to terminate not
    later than the expiration of the 2-year period beginning on the
    date of their establishment, unless, in the case of a board
    established by the President or an officer of the Federal
    Government, such board is renewed by appropriate action prior to
    the expiration of such 2-year period, or in the case of a board
    established by the Congress, its duration is otherwise provided for
    by law. See sections 3(2) and 14 of Pub. L. 92-463, Oct. 6, 1972,
    86 Stat. 770, 776, set out in the Appendix to Title 5, Government
    Organization and Employees.

-End-


-CITE-
    45 USC SUBCHAPTER III - CONSOLIDATED RAIL CORPORATION       01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 16 - REGIONAL RAIL REORGANIZATION
    SUBCHAPTER III - CONSOLIDATED RAIL CORPORATION

-HEAD-
              SUBCHAPTER III - CONSOLIDATED RAIL CORPORATION          

-End-



-CITE-
    45 USC Sec. 741                                             01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 16 - REGIONAL RAIL REORGANIZATION
    SUBCHAPTER III - CONSOLIDATED RAIL CORPORATION

-HEAD-
    Sec. 741. Formation and structure

-STATUTE-
    (a) Establishment
      There shall be established within 300 days after January 2, 1974,
    in accordance with the provisions of this section, a corporation to
    be known as the Consolidated Rail Corporation or such other
    corporate name as may be duly adopted by the Corporation.
    (b) Status
      The Corporation shall be a for-profit corporation established
    under the laws of a State and shall not be an agency or
    instrumentality of the Federal Government. The Corporation shall be
    deemed a rail carrier subject to part A of subtitle IV of title 49,
    shall be subject to the provisions of this Act and, to the extent
    not inconsistent with such Act and subtitle IV of title 49, shall
    be subject to applicable State law. The principal office of the
    Corporation or of its principal railroad operating subsidiary shall
    be located in Philadelphia in the Commonwealth of Pennsylvania.
    (c) Incorporators
      (1) The members of the executive committee of the Association
    shall be the incorporators of the Corporation and shall take
    whatever steps are necessary to establish the Corporation,
    including the filing of articles of incorporation.
      (2) Notwithstanding any provision of State law, after February 5,
    1976, the members of the executive committee of the Association
    (including duly authorized representatives of members who are
    authorized by this chapter to be represented) and the chief
    executive officer and chief operating officer of the Corporation
    shall adopt the bylaws of the Corporation and serve as the Board of
    Directors of the Corporation until all members of the Board of
    Directors of the Corporation have been selected in accordance with
    subsection (d) of this section. The chief executive officer shall
    serve as chairman of such Board until a chairman thereof is
    selected pursuant to subsection (d) of this section, after which
    time such chairman shall serve at the pleasure of such Board.
    (d) Board of Directors
      (1) Notwithstanding any provision of State law, the articles of
    incorporation and bylaws of the Corporation shall provide that the
    Board of Directors of the Corporation shall consist of 13 members
    selected in accordance with the articles and bylaws of the
    Corporation, as follows:
        (A) six individuals selected by the holders of the
      Corporation's debentures and series A preferred stock voting as
      one class, with every $100 principal amount of debentures, and
      every $100 liquidation amount of series A preferred stock each
      receiving one vote for directors;
        (B) three individuals selected by the holders of the
      Corporation's series B preferred stock; and
        (C) two individuals selected by the holders of the
      Corporation's common stock.

      (2) The chief executive officer and the chief operating officer
    of the Corporation shall also serve on the Board, but the chief
    executive officer and chief operating officer of the Corporation
    shall not be entitled to vote on the election or removal of either.
    In the event a vacancy occurs on the Board of Directors due to
    death, disability or resignation of a director, such vacancy shall
    be filled only by a vote of the holders of the class of securities
    that initially elected such director.
    (e) Initial capitalization
      (1) The Corporation is authorized to issue debentures, series A
    preferred stock, series B preferred stock, common stock, contingent
    interest notes, and other securities.
      (2) Debentures and series A preferred stock shall be issued
    initially to the Association. Series B preferred stock and common
    stock shall be issued initially to the estates of railroads in
    reorganization in the region, to railroads leased, operated, and
    controlled by railroads in reorganization in the region, and to
    other persons leased, operated or controlled by a railroad in
    reorganization who are transferors of rail properties in exchange
    for rail properties transferred to the Corporation pursuant to the
    final system plan. Notwithstanding any other provisions of State or
    Federal law, the series B preferred stock and common stock shall
    have terms and conditions not inconsistent with the final system
    plan. As a condition of its investment in the Corporation, the
    Association may require that the Corporation adopt limitations
    consistent with the final system plan on the circumstances under
    which dividends on the series B preferred stock and common stock
    are payable so long as any of the debentures or series A preferred
    stock are outstanding. Notwithstanding anything to the contrary in
    the final system plan, the initial authorized number of shares of
    series B preferred stock may be 35,000,000, and the Corporation may
    issue initially for the purpose of the deposit required under
    section 743(a)(1) of this title such numbers of shares of series B
    preferred and common stock as the Association shall certify to the
    Special Court pursuant to section 719(c)(1)(3) (!1) of this title,
    including any modifications in such numbers of shares as may be
    ordered by the Special Court for the purpose of, and in connection
    with, such deposit and certification.

    (f) Officers
      The officers of the Corporation shall include a chief executive
    officer and a chief operating officer, who shall be appointed by
    the Board of Directors and who shall serve at the pleasure of the
    Board; and such other officers as shall be provided for in the
    bylaws of the Corporation.
    (g) Voting trustees
      For and during the period between the deposit of securities of
    the Corporation with the special court, in accordance with section
    743(a) of this title, and the distribution of such securities, in
    accordance with section 743(c) of this title, the special court
    shall, within 30 days after the date of conveyance pursuant to
    section 743(b)(1) of this title, appoint one or more voting
    trustees for each class of securities which is so deposited. Such
    voting trustees shall, on behalf of the distributees, exercise the
    rights of the holders of such securities as their interests may
    appear. Within 30 days after such appointment, such voting trustees
    shall select members of the Board of Directors of the Corporation
    on behalf of the holders of the class of securities whose rights
    they exercise pursuant to this subsection.
    (h) Annual report
      The Corporation shall transmit to the Congress and the President,
    not later than 90 days after the end of each fiscal year, a
    comprehensive and detailed report on all activities and
    accomplishments of the Corporation during the preceding fiscal
    year.
    (i) Liability of directors
      No director of the Corporation shall be liable, for money damages
    or otherwise, to any party by reason of the fact that such person
    is or was a director, if, with respect to the subject matter of the
    action, suit, or proceeding, such person was fulfilling a duty
    which he in good faith reasonably believed to be required by law or
    vested in him in his capacity as a director of the Association or
    as an officer of the United States. The United States shall
    indemnify such person against all judgments, amounts paid in
    settlement, and costs and expenses (including fees of accountants,
    experts, and attorneys), actually and reasonably incurred in
    connection with any such action, suit, or proceeding in which such
    person is determined to have met such standard of conduct. This
    subsection shall not be construed to grant any immunity from any
    criminal law of the United States.
    (j) Signal systems
      If, within two years after August 13, 1981, the Corporation
    applies for the permission of the Secretary to substitute manual
    block signal systems for automatic block signal systems on lines on
    which less than 20,000,000 gross tons of freight are carried
    annually, the Secretary shall approve or disapprove such
    application within 90 days of its submission.
    (k) Governing provisions after sale
      The provisions of this chapter shall not apply to the Corporation
    and to activities and other actions and responsibilities of the
    Corporation and its directors and employees after the sale date,
    other than with regard to - 
        (1) section 702 of this title;
        (2) section 711(d) of this title;
        (3) section 713 of this title, but only with respect to
      information relating to proceedings before the special court
      established under section 719(b) of this title;
        (4) section 719 of this title, other than subsection (f)
      thereof;
        (5) section 726(f)(8) of this title, but only as such authority
      applies to activities related to the ESOP and related trust
      before the sale date;
        (6) section 726(f)(9) of this title, but only as such
      indemnification applies to activities relating to the ESOP and
      related trust before the sale date;
        (7) section 726(f)(10) of this title with respect to all
      securities of the Corporation issued or transferred in connection
      with the public offering under the Conrail Privatization Act [45
      U.S.C. 1301 et seq.] and all securities of ConRail Equity
      Corporation and all interests in the ESOP;
        (8) section 727(c) and (e) of this title;
        (9) subsection (b) of this section, but only with respect to
      matters covered by the last sentence of such subsection;
        (10) subsection (i) of this section, but only as such authority
      applies to service as a director of the Corporation before the
      sale of the interest of the United States in the common stock of
      the Corporation;
        (11) section 742 of this title, but only to the extent of (A)
      the creation and maintenance of the power and authority of the
      Corporation to operate rail service and to rehabilitate, improve,
      and modernize rail properties, and (B) the creation and
      maintenance of the powers of the Corporation as a railroad in any
      State in which it operates as of the sale date;
        (12) section 743(b)(1) and (2) of this title, but only to the
      extent of establishing the legal effect of the conveyance of
      property ordered and of the deeds and other instruments executed,
      acknowledged, delivered, or recorded in connection therewith and
      the quality of title acquired in such property;
        (13) section 743(b)(3)(B) of this title with respect to the
      effect of an assignment, conveyance, or assumption as set forth
      in the last sentence of such subparagraph (B);
        (14) section 743(b)(5) of this title;
        (15) section 743(b)(6) of this title, but only with respect to
      establishing and maintaining the rights of the Corporation with
      respect to, limiting its obligations with respect to, and
      establishing the status of, the employee pension and welfare
      benefit plans transferred to the Corporation thereunder and with
      respect to the exclusivity of the jurisdiction of the special
      court and the limitation of jurisdiction of other courts;
        (16) section 743(e) of this title;
        (17) section 744 of this title, but only with respect to the
      finality of abandonments completed before the sale date pursuant
      to the authority thereof;
        (18) section 745 of this title, but only as to the effect, and
      continuing administration, of supplemental transactions
      consummated before the sale date;
        (19) section 748 of this title, but only (A) as to the finality
      of abandonments completed before the sale date and (B) as to
      abandonments of lines where a notice or notices of insufficient
      revenues with respect to such lines have been filed before
      November 1, 1985;
        (20) section 791(a)(2) of this title, but only with respect to
      activities before the sale date;
        (21) section 791(b)(2) and (b)(3) of this title, but only with
      respect to issuance of and transactions in any security of the
      Corporation before the sale date;
        (22) section 797a(e) of this title;
        (23) section 797b of this title;
        (24) section 797c of this title;
        (25) sections 797e(a), 797f, and 797g(a) of this title, but
      only insofar as they establish part of the prevailing status quo
      for the Corporation's employees' rates of pay, rules, and working
      conditions, such provisions to continue to apply unless changed
      pursuant to section 156 of this title;
        (26) section 797h of this title;
        (27) section 797i(b)(1) of this title;
        (28) section 797j of this title; and
        (29) section 797m of this title, but only with regard to
      disputes or controversies specified in such section that arose
      before the sale date.

-SOURCE-
    (Pub. L. 93-236, title III, Sec. 301, Jan. 2, 1974, 87 Stat. 1004;
    Pub. L. 94-210, title VI, Secs. 608, 611, 612(j)(1), (3), (m), Feb.
    5, 1976, 90 Stat. 99, 105, 109, 110; Pub. L. 94-216, Secs. 1, 3,
    Feb. 17, 1976, 90 Stat. 191; Pub. L. 94-248, Sec. 4, Mar. 25, 1976,
    90 Stat. 286; Pub. L. 97-35, title XI, Sec. 1141, Aug. 13, 1981, 95
    Stat. 653; Pub. L. 99-509, title IV, Sec. 4032, Oct. 21, 1986, 100
    Stat. 1906; Pub. L. 104-88, title III, Sec. 327(2), Dec. 29, 1995,
    109 Stat. 951.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This Act, referred to in subsec. (b), means the Regional Rail
    Reorganization Act of 1973, Pub. L. 93-236, Jan. 2, 1974, 87 Stat.
    985, as amended, which is classified principally to this chapter
    (Sec. 701 et seq.). For complete classification of this Act to the
    Code, see Short Title note set out under section 701 of this title
    and Tables.
      The Conrail Privatization Act, referred to in subsec. (k)(7), is
    subtitle A (Secs. 4001-4052) of title IV of Pub. L. 99-509, Oct.
    21, 1986, 100 Stat. 1892, which is classified principally to
    chapter 22 (Sec. 1301 et seq.) of this title. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 1301 of this title and Tables.

-COD-
                               CODIFICATION                           
      In subsec. (b), "such Act and subtitle IV of title 49"
    substituted for "such Acts", on authority of Pub. L. 95-473, Sec.
    3(b), Oct. 17, 1978, 92 Stat. 1466, the first section of which
    enacted subtitle IV (Sec. 10101 et seq.) of Title 49,
    Transportation.
      The last sentence of subsec. (f) of this section as originally
    enacted, which amended section 856 of former Title 31, Money and
    Finance, was repealed by Pub. L. 97-258, Sec. 5(b), Sept. 13, 1982,
    96 Stat. 1068, the first section of which enacted Title 31.


-MISC1-
                                AMENDMENTS                            
      1995 - Subsec. (b). Pub. L. 104-88, Sec. 327(2), substituted
    "rail carrier subject to part A of subtitle IV of title 49" for
    "common carrier by railroad under section 1(3) of the Interstate
    Commerce Act (49 U.S.C. 1(3))".
      1986 - Subsec. (k). Pub. L. 99-509 added subsec. (k).
      1981 - Subsec. (d)(2). Pub. L. 97-35, Sec. 1141(a), struck out
    provisions respecting resignations.
      Subsec. (e)(1). Pub. L. 97-35, Sec. 1141(b), substituted "The"
    for "In order to carry out the final system plan, the".
      Subsec. (j). Pub. L. 97-35, Sec. 1141(c), substituted provisions
    relating to signal systems for provisions relating to corporate
    simplification.
      1976 - Subsec. (a). Pub. L. 94-210, Sec. 612(j)(1), inserted "or
    such other corporate name as may be duly adopted by the
    Corporation" after "Corporation".
      Subsec. (b). Pub. L. 94-210, Sec. 612(j)(3), inserted "or of its
    principal railroad operating subsidiary" after "of the
    Corporation".
      Subsec. (c). Pub. L. 94-210, Sec. 611(a), designated existing
    provisions as par. (1), struck out provision relating to service of
    the incorporators as the Board of Directors, and added par. (2).
      Subsec. (d). Pub. L. 94-210, Sec. 611(b), designated existing
    provisions as par. (1), inserted provision relating to
    applicability of State law, decreased membership from 15 to 13, and
    revised criteria for selection to membership, and added par. (2).
      Subsec. (e). Pub. L. 94-210, Sec. 608, designated existing
    provisions as par. (1), substituted provisions authorizing issuance
    of debentures, series A preferred stock, series B preferred stock,
    common stock, contingent interest notes, and other securities, for
    provisions relating to issuance of stock and other securities, and
    added par. (2).
      Subsec. (e)(2). Pub. L. 94-248 inserted provisions relating to
    initial authorized number of shares of series B preferred stock and
    provisions setting such number at 35,000,000.
      Subsec. (f). Pub. L. 94-210, Sec. 611(c), added subsec. (f).
    Former subsec. (f), which related to a Federal Government audit of
    the Corporation, was struck out.
      Subsec. (g). Pub. L. 94-210, Sec. 611(c), added subsec. (g).
    Former subsec. (g) redesignated (h) "Annual report".
      Subsec. (h). Pub. L. 94-216, Sec. 1, redesignated subsec. (h)
    "Liability of directors" as (i).
      Pub. L. 94-210, Secs. 611(c), 612(m), redesignated former subsec.
    (g) as (h) "Annual report" and added subsec. (h) "Liability of
    directors".
      Subsec. (i). Pub. L. 94-216, Secs. 1, 3, redesignated former
    subsec. (h) "Liability of directors" as (i) and substituted "a
    director of the Association" for "a director of the Corporation".
    Former subsec. (i) redesignated (j).
      Pub. L. 94-210, Sec. 612(m), added subsec. (i) "Corporate
    simplification".
      Subsec. (j). Pub. L. 94-216, Sec. 1, redesignated former subsec.
    (i) "Corporate simplification" as (j).

                     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 1981 AMENDMENT                 
      Amendment by Pub. L. 97-35 effective Aug. 13, 1981, see section
    1169 of Pub. L. 97-35, set out as an Effective Date note under
    section 1101 of this title.

                   TERMINATION OF REPORTING REQUIREMENTS               
      For termination, effective May 15, 2000, of provisions in subsec.
    (h) of this section relating to the requirement that the
    Corporation transmit an annual report to Congress, see section 3003
    of Pub. L. 104-66, as amended, set out as a note under section 1113
    of Title 31, Money and Finance, and the 7th item on page 199 of
    House Document No. 103-7.


-TRANS-
      ABOLITION OF SPECIAL COURT, REGIONAL RAIL REORGANIZATION ACT OF
                      1973, AND TRANSFER OF FUNCTIONS
      Special court abolished and all jurisdiction and functions
    transferred to United States District Court for District of
    Columbia, see section 719(b)(2) of this title.

      ABOLITION OF UNITED STATES RAILWAY ASSOCIATION AND TRANSFER OF
                         FUNCTIONS AND SECURITIES
      See section 1341 of this title.


-MISC2-
            APPLICABILITY OF NATIONAL ENVIRONMENTAL POLICY ACT        
      Application of National Environmental Policy Act to actions of
    Commission not affected by title VI of Pub. L. 94-210, see section
    619 of Pub. L. 94-210, set out as a note under section 791 of this
    title.

-FOOTNOTE-
    (!1) So in original. Probably should be section "719(c)(3)".


-End-



-CITE-
    45 USC Sec. 742                                             01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 16 - REGIONAL RAIL REORGANIZATION
    SUBCHAPTER III - CONSOLIDATED RAIL CORPORATION

-HEAD-
    Sec. 742. Powers and duties of Corporation

-STATUTE-
      The Corporation shall have all of the powers and is subject to
    all of the duties vested in it under this chapter, in addition to
    the powers conferred upon it under the laws of the State or States
    in which it is incorporated and the powers of a railroad in any
    State in which it operates. The Corporation is authorized and
    directed to - 
        (a) acquire rail properties designated in the final system plan
      to be transferred or conveyed to it;
        (b) operate rail service over such rail properties except as
      provided under sections 744(e) and 791(d)(3) of this title;
        (c) rehabilitate, improve, and modernize such rail properties;
      and
        (d) maintain adequate and efficient rail services.

    So long as 50 per centum or more, as determined by the Secretary of
    the Treasury, of the outstanding indebtedness of the Corporation
    consists of obligations of the Association or other debts owing to
    or guaranteed by the United States, the Corporation shall not
    engage in activities which are not related to transportation.

-SOURCE-
    (Pub. L. 93-236, title III, Sec. 302, Jan. 2, 1974, 87 Stat. 1005.)


-TRANS-
      ABOLITION OF UNITED STATES RAILWAY ASSOCIATION AND TRANSFER OF
                         FUNCTIONS AND SECURITIES
      See section 1341 of this title.

-End-



-CITE-
    45 USC Sec. 743                                             01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 16 - REGIONAL RAIL REORGANIZATION
    SUBCHAPTER III - CONSOLIDATED RAIL CORPORATION

-HEAD-
    Sec. 743. Valuation and conveyance of rail properties

-STATUTE-
    (a) Deposit with court
      Within 10 days after delivery of a certified copy of a final
    system plan pursuant to section 719(c) of this title - 
        (1) the Corporation, in exchange for the rail properties of the
      railroads in reorganization in the region and of railroads
      leased, operated, or controlled by railroads in reorganization in
      the region to be transferred to the Corporation or any subsidiary
      thereof, shall deposit with the special court all of the stock
      and other securities of the Corporation and certificates of value
      issued by the Association designated in the final system plan to
      be exchanged for such rail properties;
        (2) each profitable railroad operating in the region and each
      state or responsible person (including a government entity)
      purchasing rail properties from a railroad in reorganization in
      the region, or from a railroad leased, operated, or controlled by
      a railroad in reorganization in the region, as provided in the
      final system plan shall deposit with the special court the
      compensation to be paid for such rail properties.
    (b) Conveyance of rail properties
      (1) The special court shall, within 10 days after deposit under
    subsection (a) of this section of the securities of the
    Corporation, certificates of value issued by the Association, and
    compensation from the profitable railroads operating in the region,
    States, and responsible persons, order the trustee or trustees of
    each railroad in reorganization in the region to convey forthwith
    to the Corporation or any subsidiary thereof, the respective
    profitable railroads operating in the region, States, and
    responsible persons all right, title, and interest in the rail
    properties of such railroad in reorganization and shall itself
    order the conveyance of all right, title, and interest in the rail
    properties of any person leased, operated, or controlled by such
    railroad in reorganization that are to be conveyed to them under
    the final system plan as certified to such court under section
    719(d) of this title. In any case where the special court orders
    the trustee or trustees of a railroad in reorganization in the
    region to execute and deliver deeds or other instruments conveying
    rail properties to the Corporation or a subsidiary thereof or to a
    profitable railroad operating in the region or a State or
    responsible person, those deeds or other instruments may be
    executed, acknowledged, and delivered on behalf of the trustee or
    trustees by any person or persons who have been duly authorized to
    perform such acts on behalf of the trustee or trustees by the
    district court of the United States or any other court having
    jurisdiction over the respective railroad in reorganization in the
    region. Notwithstanding any provision of State or local law, in any
    case where deeds or other instruments have been executed,
    acknowledged, or delivered by a representative of the trustee or
    trustees of a railroad in reorganization in the region in
    accordance with the previous sentence, such execution,
    acknowledgment, and delivery, and the deeds or other instruments to
    which they pertain, shall have the same legal effect as they would
    have had if the trustee or trustees had themselves executed,
    acknowledged and delivered such deeds or other instruments.
      (2) All rail properties conveyed to the Corporation or any
    subsidiary thereof the respective profitable railroads operating in
    the region, States, and responsible persons under this section
    shall be conveyed free and clear of any liens or encumbrances, but
    subject to such leases and agreements as shall have previously
    burdened such properties or bound the owner or operator thereof in
    pursuance of an arrangement with any State, or local or regional
    transportation authority under which financial support from such
    State, or local or regional transportation authority was being
    provided on January 2, 1974, for the continuance of rail passenger
    service or any lien or encumbrance of no greater than 5 years'
    duration which is necessary for the contractual performance by any
    person of duties related to public health or sanitation. Such
    conveyances shall not be restrained or enjoined by any court.
      (3)(A)(i) Notwithstanding any other provision of this chapter, if
    an interest in railroad rolling stock is included in the rail
    properties conveyed pursuant to subsection (b)(1) of this section,
    and if such conveyance is in accordance with the requirements of
    clause (ii) of this subparagraph, the conveyance of such properties
    shall be deemed an assignment. Any such assignment shall relieve
    the assignor of liability for any breach which occurs after the
    date of such conveyance, except that such assignor shall remain
    liable for any breach, event of default, or violation of covenant
    which occurred (and any charges or obligations which accrued) prior
    to the date of such conveyance, regardless of whether the assignee
    thereof assumes such liabilities, charges or obligations. If any
    such liabilities, charges, or obligations (accrued prior to the
    date of such conveyance) are paid by or on behalf of any person or
    entity other than such assignor, such person or entity shall have a
    claim to direct reimbursement, as a current expense of
    administration, from such assignor, together with interest on the
    amount so paid.
      (ii) A conveyance referred to in clause (i) of this subparagraph
    may be effected only if - 
        (I) the Corporation or a subsidiary thereof, the profitable
      railroad operating in the region, or the State or responsible
      person to whom such conveyance is made assumes all of the
      obligations under any applicable conditional sale agreement,
      equipment trust agreement, or lease with respect to such rolling
      stock (including any obligations which accrued prior to the date
      on which such properties are conveyed), and
        (II) such conveyance is made subject to such obligations.

    As used in this subparagraph, the term "railroad rolling stock"
    means assets which could be carried in Interstate Commerce
    Commission account numbers 52, 53, 54, and 57.
      (B) Subject to the provisions of this paragraph, the provisions
    of this chapter shall not affect the title and interests of any
    lessor, equipment trust trustee, or conditional sale vendor under
    any conditional sale agreement, equipment trust agreement, or lease
    under section 77(j) of the Bankruptcy Act. A profitable railroad
    operating in the region, the Corporation or a subsidiary thereof,
    or a State or responsible person, to whom such a conveyance is made
    as assignee or as lessee, shall assume all liability under such
    conditional sale agreement, equipment trust agreement, or lease.
    Such an assignment or conveyance to, and such an assumption of
    liability by, such a profitable railroad, Corporation, subsidiary,
    State, or responsible person shall not be deemed a breach, an event
    of default, or a violation of any covenant of any such conditional
    sale agreement, equipment trust agreement, or lease so assigned or
    conveyed, notwithstanding any provisions of any such agreement or
    lease.
      (4) Notwithstanding anything to the contrary contained in this
    chapter, if a railroad in reorganization has leased rail properties
    from a lessor that is neither a railroad nor controlled by or
    affiliated with a railroad, and such lease has been approved by the
    lessee railroad's reorganization court prior to January 2, 1974,
    conveyance of such lease may only be effected if the Corporation,
    profitable railroad, State, or responsible person to whom the
    conveyance is made assumes all future liability under such lease
    and all of the terms and conditions specified in the lease,
    including the obligation to pay the specified rent to the non-
    railroad lessor.
      (5) Notwithstanding any covenant, undertaking, condition, or
    provision of any sort in any lease, agreement, or contract, the
    conveyance, transfer, assignment, or other disposition of such
    lease, agreement, or contract or of any interest therein to, or the
    assumption by, the Corporation or any subsidiary thereof, or a
    profitable railroad of obligations thereunder, shall not be deemed
    a breach, an event of default, or a violation of any covenant of
    such lease, agreement, or contract.
      (6)(A) Notwithstanding anything to the contrary contained in this
    chapter or any other other (!1) provision of law, the special court
    shall include in its order such further directions as may be
    necessary to assure (i) that the operation and administration of
    the employee pension benefit plans described in section 775(a) (!2)
    of this title shall be continued, without termination or
    interruption, by the Corporation until such time as the Corporation
    elects to amend or terminate any such plan, in whole or in part;
    and (ii) that appropriate transfers and assignments with respect to
    all rights and obligations relating to such plans shall be made to
    the Corporation for such purposes, without prejudice to payment of
    consideration for whatever rights any railroad in reorganization
    may have in any residual assets under any such employee pension
    benefit plan. No court shall enter any judgment against the
    Corporation with respect to any such rights, except that the
    special court may enter such a judgment in an order issued by it
    pursuant to subsection (c) of this section, after taking into
    consideration the rights and obligations transferred pursuant to
    this paragraph. All liabilities as an employer shall be imposed
    solely upon the railroad in reorganization in the event such plan
    is terminated, in whole or in part, by the Corporation within 1
    year after the date of such transfer or assignment (except
    liabilities as an employer under the Employee Retirement Income
    Security Act of 1974 [29 U.S.C. 1001 et seq.] for benefits accruing
    during such period), except that in any case in which the
    Corporation, on or after the date of transfer or assignment as
    provided by this paragraph, terminates in whole or in part any such
    plan, the benefits under which are not guaranteed under title IV of
    the Employee Retirement Income Security Act of 1974 [29 U.S.C. 1301
    et seq.], the Corporation shall guarantee the payment when due of
    the accrued pension benefits provided for thereunder at the time of
    termination. The Corporation shall be entitled to a loan pursuant
    to section 721(h) of this title in an amount required for the
    adequate funding of accrued pension benefits under all plans
    transferred or assigned to the Corporation in accordance with this
    paragraph (whether or not terminated by the Corporation). For
    purposes of such section 721(h) and notwithstanding any other
    provision of Federal or State law, amounts required for such
    adequate funding shall be deemed to be expenses of administration
    of the respective estates of the railroads in reorganization, due
    and payable as of the date of transfer or assignment of the plans
    to the Corporation.


      (B) The Corporation shall, through the purchase of insurance or
    otherwise, maintain in effect any medical insurance coverage or so
    much of any life insurance coverage that does not exceed in death
    benefits an amount equal to twice the employee's annual salary at
    the time of retirement or $60,000, whichever is lower, which
    coverage was maintained by a railroad in reorganization in the
    region immediately prior to April 1, 1976, and which provides
    insurance benefits to employees who retired, prior to April 1,
    1976, from service with such a railroad. With respect to any such
    employee whose medical or life insurance coverage lapsed after
    April 1, 1976, due to nonpayment of premiums, the Corporation shall
    - 
        (i) through the purchase of insurance or otherwise, provide
      medical insurance benefits or life insurance benefits at the same
      level as were provided by the employer railroad in reorganization
      and in effect with respect to such employees immediately prior to
      April 1, 1976, except that the life insurance benefits so
      provided shall not exceed in death benefits an amount equal to
      twice the employee's annual salary at the time of retirement or
      $60,000, whichever is lower; and
        (ii) assume and pay any claim for such employee (or his
      personal representative) for any such insurance benefits, if - 
          (I) such claim arose during the period beginning April 1,
        1976, and ending on the date insurance coverage is provided
        pursuant to clause (i) of this subparagraph;
          (II) such benefits were not paid by an insurer solely because
        of the lapse of the insurance coverage during such period,

      except that such death benefits shall not be paid for any such
      employee in excess of an amount equal to twice the employee's
      annual salary at the time of retirement or $60,000, whichever is
      lower.

    The Corporation shall be entitled to a loan pursuant to section
    721(h) of this title in an amount required for the payment of
    insurance premiums and benefits described in this subparagraph. For
    purposes of section 721(h)(4)(A)(iii) of this title, amounts
    required for the payment of such premiums and benefits shall be
    deemed to be valid administrative claims against the respective
    estates of the railroads in reorganization, due and payable as of
    April 1, 1976, or, in the case of a railroad in reorganization
    which is not subject to a bankruptcy proceeding, such amounts shall
    be deemed to be obligations of such railroad, due and payable as of
    such date, and shall be reimbursable in accordance with the
    procedures set forth in paragraphs (4) and (5) of such section
    721(h) of this title. As used in this subparagraph, the term
    "railroad in reorganization" includes any railroad which is
    controlled by a railroad in reorganization but is not itself
    subject to a bankruptcy proceeding, if such railroad conveyed
    substantially all of its rail properties to the Corporation
    pursuant to paragraph (1) of this subsection and conducted
    operations over such rail properties prior to the date of such
    conveyance.
    (c) Findings and distribution
      (1) After the rail properties have been conveyed to the
    Corporation or any subsidiary thereof, profitable railroads
    operating in the region, States, and responsible persons under
    subsection (b) of this section, the special court, giving due
    consideration to the findings contained in the final system plan,
    shall decide - 
        (A) whether the transfers or conveyances - 
          (i) of rail properties of each railroad in reorganization, or
        of each railroad leased, operated, or controlled by a railroad
        in reorganization, to the Corporation or any subsidiary thereof
        in exchange for the certificates of value and the other
        benefits accruing to such railroad as a result of such exchange
        (taking into consideration compensable unconstitutional
        erosion, if any, which the special court finds to have occurred
        in the estate of each such railroad, during the bankruptcy
        proceeding with respect to such railroad) as provided in the
        final system plan and this chapter, and
          (ii) of rail properties of each railroad in reorganization,
        or of each railroad leased, operated, or controlled by a
        railroad in reorganization, to a profitable railroad operating
        in the region in exchange for compensation and other benefits
        accruing to such transferor as a result of such exchange
        (taking into consideration compensable unconstitutional
        erosion, if any, which the special court finds to have occurred
        in the estate of each such railroad, during the bankruptcy
        proceeding with respect to such railroad) State, or responsible
        person in accordance with the final system plan,

      are in the public interest and are fair and equitable to the
      estate of each railroad in reorganization in accordance with the
      standard of fairness and equity applicable to the approval of a
      plan of reorganization or a step in such a plan under section 77
      of the Bankruptcy Act, or fair and equitable to a railroad that
      is not itself in reorganization but which is leased, operated, or
      controlled by a railroad in reorganization;
        (B) whether the transfers or conveyances are more fair and
      equitable than is required as a constitutional minimum; and
        (C) what portion of the proceeds received by a railroad in
      reorganization from an entity other than the Corporation or any
      subsidiary thereof for the sale, lease, or transfer of property
      subject to an agreement under section 723 or section 725(a)(1) or
      (2) of this title reflects value attributable to the maintenance
      or improvement provided pursuant to the agreement.

      (2) If the special court finds that the terms of one or more
    exchanges for certificates of value and other benefits are not fair
    and equitable to an estate of a railroad in reorganization, or to a
    railroad leased, operated, or controlled by a railroad in
    reorganization (taking into consideration compensable
    unconstitutional erosion, if any, which the special court finds to
    have occurred in the estate of each such railroad, during the
    bankruptcy proceeding with respect to such railroad), which has
    transferred rail properties pursuant to the final system plan, it
    may - 
        (A) enter a judgment reallocating the certificates of value in
      a fair and equitable manner if they have not been fairly
      allocated among the railroads transferring rail properties to the
      Corporation or any subsidiary thereof, except that one
      certificate of value shall be allocated to each such railroad;
      and
        (B) if the lack of fairness and equity cannot be completely
      cured by a reallocation of the certificates of value, order the
      Corporation to provide for the transfer to the railroad of
      certificates of value issued by the Association as designated in
      the final system plan in such nature and amount as would make the
      exchange or exchanges fair and equitable; and
        (C) enter a judgment against the Corporation if the judgment
      would not endanger the viability or solvency of the Corporation.

      (3) If the special court finds that the terms of one or more
    conveyances of rail properties to a profitable railroad operating
    in the region, State, or responsible person in accordance with the
    final system plan are not fair and equitable, it shall enter a
    judgment against such profitable railroad, State, or responsible
    person. If the special court finds that the terms of one or more
    conveyances or exchanges for certificates of value or other
    benefits are fairer and more equitable than is required as a
    constitutional minimum, then it shall order the return of any
    excess certificates of value, or compensation to the Corporation or
    a profitable railroad, State, or responsible person so as not to
    exceed the constitutional minimum standard of fairness and equity.
    The special court shall also find the amount of the payments, if
    any, which each profitable railroad has made on behalf of a
    transferor railroad in reorganization in accordance with section
    721(h) of this title, for which payment the profitable railroad has
    not been reimbursed, as provided in section 721(h) of this title.
    Notwithstanding any other provision of this paragraph or of
    paragraph (4), the special court shall order the return to any such
    profitable railroad from compensation deposited by such profitable
    railroad pursuant to subsection (a)(2) of this section, of any such
    amount so found together with interest at the rate provided in
    section 721(h) of this title. In making any finding under this
    paragraph, the special court shall take into consideration
    compensable unconstitutional erosion, if any, which it finds to
    have occurred in the estate of a railroad in reorganization in the
    region, or of a railroad leased, operated, or controlled by such a
    railroad, during the bankruptcy proceeding with respect to such
    railroad.
      (4) Upon making the findings referred to in this subsection, the
    special court shall order distribution of the certificates of value
    and compensation deposited with it under subsection (a) of this
    section to the trustee or trustees of each railroad in
    reorganization in the region and to persons leased, operated, or
    controlled by such railroads who so transferred or conveyed rail
    properties who conveyed right, title, and interest in rail
    properties to the Corporation and the respective profitable
    railroads, States, and responsible persons under such subsection.
      (5) Whenever the special court, pursuant to subsection (b)(1) of
    this section, orders the transfer or conveyance of rail properties -
     
        (A) designated under section 716(c)(1)(C) or (D) of this title,
      to the Corporation or any subsidiary thereof, the United States
      shall indemnify the Corporation against any costs or liabilities
      imposed on the Corporation as the result of any judgment entered
      against the Corporation, with respect to such properties, under
      paragraph (2) of this subsection; and
        (B) to the National Railroad Passenger Corporation, a
      profitable railroad operating in the region, a State, or any
      other responsible person (including a governmental entity), the
      United States shall indemnify such Corporation, railroad, State,
      or person against any costs or liabilities imposed thereon as the
      result of any judgment entered against such Corporation,
      railroad, State, or person under paragraph (3) of this
      subsection;

    plus interest on the amount of such judgment at such rate as is
    constitutionally required. The United States may, in its
    discretion, represent the Corporation or the National Railroad
    Passenger Corporation, such profitable railroad, State or
    responsible person, in any proceedings before the special court
    that could result in such a judgment against the Corporation under
    paragraph (2) of this subsection or against the National Railroad
    Passenger Corporation, such profitable railroad, State or
    responsible person, under paragraph (3) of this subsection. The
    Corporation, the National Railroad Passenger Corporation, any
    profitable railroad, State, or responsible person, which is
    represented by the United States of America shall cooperate
    diligently in whatever manner the United States shall reasonably
    request of it in connection with such proceedings. Neither the
    Corporation, or its subsidiaries, nor the National Railroad
    Passenger Corporation, any profitable railroad, State or
    responsible person, shall be obligated to reimburse the United
    States for any moneys paid by the United States pursuant to this
    section.
      (6) Whenever the Corporation exercises an option to acquire, or
    acquires, interests in rail marine freight floating equipment
    pursuant to the recommendations of the final system plan, and the
    Corporation thereafter makes such floating equipment available to a
    profitable railroad operating in the region, a State, or a
    responsible person including (!3) a government entity), the United
    States shall indemnify - 

        (A) the Corporation against any costs or liabilities imposed on
      the Corporation as the result of any judgment entered against it,
      with respect to such equipment, under paragraph (2) of this
      subsection; and
        (B) such profitable railroad, State, or responsible person
      against any costs or liabilities imposed thereon as the result of
      any judgment entered against such profitable railroads, State, or
      responsible person under paragraph (3) of this subsection,

    plus interest on the amount of such judgment at such rate as is
    constitutionally required.
    (d) Appeal
      An order or judgment entered by the United States District Court
    for the District of Columbia pursuant to subsection (c) of this
    section or section 746 of this title shall be reviewable in
    accordance with sections 1291, 1292, and 1294 of title 28.
    (e) Transfer and other taxes and recording fees
      All transfers or conveyances of rail properties (whether real,
    personal, or mixed) which are made under this chapter (including
    transfers and conveyances which are made in accordance with a
    supplemental transaction pursuant to section 745 of this title or
    which are made at any time to carry out the purposes of section
    791(d) of this title) shall be exempt from any taxes, imposts, or
    levies now or hereafter imposed, by the United States or by any
    State or any political subdivision of a State, on or in connection
    with such transfers or conveyances or on the recording of deeds,
    bills of sale, liens, encumbrances, or other instruments
    evidencing, effectuating, or incident to any such transfers or
    conveyances, whether imposed on the transferor or on the
    transferee. Such transferors and transferees shall be entitled to
    record any such deeds, bills of sale, liens, encumbrances, or other
    instruments and, consistent with the designations and applicable
    principles in the final system plan, to record the release or
    removal of any pre-existing liens or encumbrances of record with
    respect to properties so transferred or conveyed, upon payment of
    any appropriate and generally applicable charges to compensate for
    the cost of the service performed.

-SOURCE-
    (Pub. L. 93-236, title III, Sec. 303, Jan. 2, 1974, 87 Stat. 1005;
    Pub. L. 94-5, Sec. 8, Feb. 28, 1975, 89 Stat. 9; Pub. L. 94-210,
    title VI Secs. 601(d), 612(a), (c)-(i), (k), (l), (n)-(q), Feb. 5,
    1976, 90 Stat. 84, 107-111; Pub. L. 94-436, Secs. 3, 5, Sept. 30,
    1976, 90 Stat. 1398, 1399; Pub. L. 94-555, title II, Secs. 202(b),
    204, 220(b), Oct. 19, 1976, 90 Stat. 2616, 2620, 2629; Pub. L. 95-
    199, Sec. 4, Nov. 23, 1977, 91 Stat. 1424; Pub. L. 95-597, Sec. 1,
    Nov. 4, 1978, 92 Stat. 2547; Pub. L. 96-73, title II, Sec. 204(a),
    Sept. 29, 1979, 93 Stat. 556; Pub. L. 97-35, title XI, Sec.
    1167(a), Aug. 13, 1981, 95 Stat. 686; Pub. L. 100-352, Sec. 6(e),
    June 27, 1988, 102 Stat. 664; Pub. L. 103-272, Sec. 7(b), July 5,
    1994, 108 Stat. 1379; Pub. L. 104-317, title VI, Sec. 605(b)(2),
    Oct. 19, 1996, 110 Stat. 3858.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 77 of the Bankruptcy Act, referred to in subsecs.
    (b)(3)(B) and (c)(1)(A)(ii), was classified to section 205 of
    former Title 11, Bankruptcy. The Bankruptcy Act (act July 1, 1898,
    ch. 541, 30 Stat. 544, as amended) was repealed effective Oct. 1,
    1979, by Pub. L. 95-598, Secs. 401(a), 402(a), Nov. 6, 1978, 92
    Stat. 2682, section 101 of which enacted revised Title 11. For
    current provisions relating to railroad reorganization, see
    subchapter IV (Sec. 1161 et seq.) of chapter 11 of Title 11.
      Section 775 of this title, referred to in subsec. (b)(6)(A), was
    repealed by Pub. L. 97-35, title XI, Sec. 1144(a)(1), Aug. 13,
    1981, 95 Stat. 669.
      The Employee Retirement Income Security Act of 1974, referred to
    in subsec. (b)(6)(A), is Pub. L. 93-406, Sept. 2, 1974, 88 Stat.
    829, as amended. Title IV of the Employee Retirement Income
    Security Act of 1974 is classified principally to subchapter III
    (Sec. 1301 et seq.) of chapter 18 of Title 29, Labor. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 1001 of Title 29 and Tables.

-COD-
                               CODIFICATION                           
      The amendments made by section 612(i)(4) of Pub. L. 94-210 could
    be read as substituting "certificates of value" for "obligations"
    in subsecs. (b)(3)(A), (b)(5), and (b)(6), as added by section
    612(a) and (l) of Pub. L. 94-210. However, this substitution is not
    appropriate in the context of the new subsecs. (b)(3)(A), (b)(5),
    and (b)(6).


-MISC1-
                                AMENDMENTS                            
      1996 - Subsec. (d). Pub. L. 104-317 substituted "Appeal" for
    "Review" in heading and amended text generally. Prior to amendment,
    text read as follows: "A finding or determination entered by the
    special court pursuant to subsection (c) of this section or section
    746 of this title shall be reviewable only upon petition for a writ
    of certiorari to the Supreme Court of the United States. Such
    review is exclusive and any such petition shall be filed in the
    Supreme Court not more than 20 days after entry of such finding or
    determination."
      1994 - Subsec. (e). Pub. L. 103-272 struck out "title VII of the
    Railroad Revitalization and Regulatory Reform Act of 1976 or of"
    before "section 791(d)".
      1988 - Subsec. (d). Pub. L. 100-352 substituted "Review" for
    "Appeal" in heading and amended text generally. Prior to amendment,
    text read as follows: "A finding or determination entered by the
    special court pursuant to subsection (c) of this section or section
    746 of this title may be appealed directly to the Supreme Court of
    the United States in the same manner that an injunction order may
    be appealed under section 1253 of title 28: Provided, That such
    appeal is exclusive and shall be filed in the Supreme Court not
    more than 20 days after such finding or determination is entered by
    the special court. The Supreme Court shall dismiss any such appeal
    within 7 days after the entry of such an appeal if it determines
    that such an appeal would not be in the interest of an expeditious
    conclusion of the proceedings and shall grant the highest priority
    to the determination of any such appeals which it determines not to
    dismiss."
      1981 - Subsec. (c). Pub. L. 97-35 struck out all references to
    securities wherever appearing in text, and reference to share of
    series B preferred stock.
      1979 - Subsec. (b)(6)(B). Pub. L. 96-73 inserted provisions which
    limited coverage to amount that does not exceed in death benefits
    amount equal to twice the employee's annual salary at time of
    retirement or $60,000, whichever is lower, provided for maintenance
    of regional coverage, and in cases of lapsed coverage due to
    nonpayment of premiums prescribed the same limitation for claims
    arising during the lapsed period or thereafter.
      1978 - Subsec. (b)(6). Pub. L. 95-597 redesignated existing
    provisions as subpar. (A), redesignated clauses (A) and (B) as (i)
    and (ii), respectively, and added subpar. (B).
      1977 - Subsec. (d). Pub. L. 95-199 substituted "entered by the
    special court pursuant to subsection (c) of this section or section
    746 of this title" for "entered pursuant to subsection (c) of this
    section".
      1976 - Subsec. (a)(1). Pub. L. 94-210, Sec. 612(c)(1), (i),
    inserted "or any subsidiary thereof" before ", shall deposit", and
    substituted "certificates of value issued by" for "obligations of".
      Subsec. (a)(2). Pub. L. 94-210, Sec. 612(d)(1), inserted
    reference to each State or responsible person (including a
    governmental entity).
      Subsec. (b)(1). Pub. L. 94-210, Sec. 612(c)(2), (d)(2), (i), (o),
    (p), inserted "or any subsidiary thereof" after "to the
    Corporation", "States, and responsible persons" before "order the
    trustee", and provisions relating to orders of the trustee or
    trustees to execute and deliver deeds or other instruments
    conveying rail properties, and substituted "person leased" for
    "railroad leased", ", the respective profitable railroads operating
    in the region, States, and responsible persons" for "and the
    respective profitable railroads operating in the region", and
    "certificates of value issued by" for "obligations of".
      Subsec. (b)(2). Pub. L. 94-210, Sec. 612(c)(2), (d)(3), inserted
    "or any subsidiary thereof" after "Corporation" and reference to
    States and responsible persons.
      Subsec. (b)(3). Pub. L. 94-210, Sec. 612(a), redesignated
    existing provisions as subpar. (A)(ii), made changes in
    phraseology, inserted definition of "railroad rolling stock" and
    struck out provisions relating to affect of chapter on title and
    interests of any lessor, etc., and added subpar. (A)(i) and (B).
      Subsec. (b)(4). Pub. L. 94-210, Sec. 612(d)(4), (k), inserted
    "all future liability under such lease and" after "is made
    assumes", and substituted ", profitable railroad, State, or
    responsible person" for "or the profitable railroad".
      Subsec. (b)(5), (6). Pub. L. 94-210, Sec. 612(l), added pars. (5)
    and (6).
      Subsec. (b)(6). Pub. L. 94-555, Sec. 204, inserted provisions
    entitling the Corporation to a loan to fund accrued, non-guaranteed
    pension benefits under all plans transferred or assigned to the
    Corporation, whether terminated or not, and such loan is to be
    charged to the estate of railroad in reorganization as an
    administrative expense.
      Subsec. (c)(1). Pub. L. 94-210, Sec. 612(c)(3), (d)(5), (6), (i),
    (q)(1), (2), in introductory text inserted "or any subsidiary
    thereof" after "Corporation" and inserted reference to States and
    responsible persons, in subpar. (A)(i) inserted "or any subsidiary
    thereof" after "Corporation" and ", certificates of value" after
    "securities", and inserted provision relating to consideration of
    compensable unconstitutional erosion, in subpar. (A)(ii) inserted
    reference to State or responsible person, and provision relating to
    compensation and other benefits accruing to such transferor as a
    result of the exchange, and in subpar. (C) inserted "or any
    subsidiary thereof" after "Corporation".
      Subsec. (c)(2). Pub. L. 94-210, Sec. 612(c)(4), (e), (i), (q)(3),
    in introductory text inserted reference to certificates of value
    and provision relating to consideration of compensable
    unconstitutional erosion, and substituted "may" for "shall", in
    subpar. (A) inserted reference to any subsidiary of a Corporation,
    exception relating to allocation to each such railroad of preferred
    stock, etc., ", certificates of value" after "securities" and "and
    certificates of value" after "of the Corporation", in subpar. (B)
    inserted "and certificates of value" after "Corporation's
    securities" and ", certificates of value" after "other securities",
    and substituted "certificates of value issued by the Association"
    for "obligations of the Association", and in subpar. (C) generally
    revised criteria for entering a judgment against the Corporation.
      Subsec. (c)(2)(A). Pub. L. 94-555, Sec. 220(b)(1), (2),
    substituted "securities and certificates of value" for "securities
    and certificates of value of the Corporation and certificates of
    value" after "reallocating the" and "they have" for "it has" after
    "equitable manner".
      Subsec. (c)(2)(B). Pub. L. 94-555, Sec. 220(b)(3), (4),
    substituted "securities and certificates of value" for
    "Corporation's securities, certificates of value" after
    "reallocation of", and substituted "other securities" for "other
    securities and certificates of value" after "the railroad of".
      Subsec. (c)(3). Pub. L. 94-555, Sec. 220(b)(5), substituted
    "subsection (a)(2) of this section" for "section 303(a)(2)", in the
    original, necessitating no change in text.
      Pub. L. 94-210, Sec. 612(d)(7), (i), (n), (q)(4), inserted
    references to States or responsible persons wherever appearing,
    provisions relating to unreimbursed payments made by the profitable
    railroad on behalf of the transferor railroad in reorganization,
    provisions relating to consideration by the special court of
    compensable unconstitutional erosion, and "certificates of value"
    after "securities", and substituted "certificates of value" for
    "obligations".
      Subsec. (c)(4). Pub. L. 94-210, Sec. 612(d)(8), (h), (i),
    inserted ", States, and responsible persons" after "profitable
    railroads" and "and to persons leased, operated, or controlled by
    such railroads who so transferred or conveyed rail properties"
    after "region", and substituted "(a)" for "(b)" and "certificates
    of value" for "obligations".
      Subsec. (c)(5). Pub. L. 94-436, Sec. 3, restructured first
    sentence limiting indemnification of United States to judgments
    against Corporation or any subsidiary entered pursuant to par. (2)
    and to judgments against the National Railroad Passenger
    Corporation, profitable railroads, a State, or any responsible
    person entered pursuant to par. (3).
      Pub. L. 94-210, Sec. 612(f), added par. (5).
      Subsec. (c)(6). Pub. L. 94-555, Sec. 202(b), added par. (6).
      Subsec. (d). Pub. L. 94-210, Sec. 612(g), substituted "20" for
    "5".
      Subsec. (e). Pub. L. 94-436, Sec. 5, inserted, after "section 745
    of this title" in second parenthetical expression, "or which are
    made at any time to carry out the purposes of title VII of the
    Railroad Revitalization and Regulatory Reform Act of 1976 or
    section 791 of this title".
      Pub. L. 94-210, Sec. 601(d), added subsec. (e).
      1975 - Subsec. (c)(1)(C). Pub. L. 94-5 added subpar. (C).

                     EFFECTIVE DATE OF 1996 AMENDMENT                 
      Amendment by Pub. L. 104-317 effective 90 days after Oct. 19,
    1996, and except as otherwise provided, applicable to proceedings
    that arise or continue after such effective date, see section
    605(e) of Pub. L. 104-317, set out as a note under section 719 of
    this title.

                     EFFECTIVE DATE OF 1988 AMENDMENT                 
      Amendment by Pub. L. 100-352 effective ninety days after June 27,
    1988, except that such amendment not to apply to cases pending in
    Supreme Court on such effective date or affect right to review or
    manner of reviewing judgment or decree of court which was entered
    before such effective date, see section 7 of Pub. L. 100-352, set
    out as a note under section 1254 of Title 28, Judiciary and
    Judicial Procedure.

                     EFFECTIVE DATE OF 1981 AMENDMENT                 
      Amendment by Pub. L. 97-35 effective Aug. 13, 1981, see section
    1169 of Pub. L. 97-35, set out as an Effective Date note under
    section 1101 of this title.

                     EFFECTIVE DATE OF 1979 AMENDMENT                 
      Section 501(b) of Pub. L. 96-73 provided that: "The amendments
    made by section 204 of this Act [enacting subsec. (b)(6)(B) of this
    section and section 721(h)(1)(A)(viii), (6) of this title] shall be
    effective as of the date of enactment [Nov. 4, 1978] of Pub. L. 95-
    597."

                     EFFECTIVE DATE OF 1976 AMENDMENT                 
      Amendment by Pub. L. 94-555 effective Oct. 1, 1976, see section
    303 of Pub. L. 94-555, set out as a note under section 702 of this
    title.


-TRANS-
      ABOLITION OF SPECIAL COURT, REGIONAL RAIL REORGANIZATION ACT OF
                      1973, AND TRANSFER OF FUNCTIONS
      Special court abolished and all jurisdiction and functions
    transferred to United States District Court for District of
    Columbia, see section 719(b)(2) of this title.

        ABOLITION OF INTERSTATE COMMERCE COMMISSION AND TRANSFER OF
                                 FUNCTIONS
      Interstate Commerce Commission abolished and functions of
    Commission transferred, except as otherwise provided in Pub. L. 104-
    88, 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.


-MISC2-
                      CASES PENDING IN SPECIAL COURT                  
      For applicability of amendment by Pub. L. 104-317 to cases
    pending in special court established under section 719(b) of this
    title, see section 605(d) of Pub. L. 104-317, set out as a note
    under section 719 of this title.

                        ADMINISTRATIVE CLAIM STATUS                    
      Section 2 of Pub. L. 95-597 provided that: "The conferring of
    administrative claim status on amounts paid for the insurance
    premiums and benefits described in the amendment made by the first
    section of this Act [amending this section] shall be effective
    solely for purposes of meeting the conditions set forth in section
    211(h)(4)(A)(iii) of the Regional Rail Reorganization Act of 1973
    [section 721(h)(4)(A)(iii) of this title] with respect to which
    obligations of the estate of a railroad in reorganization may be
    paid pursuant to such section 211(h) [section 721(h) of this
    title], and shall not be construed - 
        "(1) as affecting the jurisdiction of the district court having
      jurisdiction over such a railroad in reorganization to determine
      whether such insurance premiums and benefits constitute
      enforceable contractual obligations of the estate of such a
      railroad for purposes of reimbursement under such section 211(h)
      [section 721(h) of this title]; or
        "(2) as establishing or reordering any priority which a claim
      against the estate of such a railroad for reimbursement for the
      amounts paid for such insurance premiums and benefits may or may
      not have under the provisions of the Bankruptcy Act [section 1 et
      seq. of former Title 11, Bankruptcy] or any other law."

                   CORPORATION AS SUCCESSOR IN INTEREST               
      Section 3 of Pub. L. 95-597 provided that: "Notwithstanding any
    other provision of law, any corporation which, pursuant to a plan
    of reorganization under section 77 of the Bankruptcy Act [section
    205 of former Title 11, Bankruptcy], is the successor in interest
    to a railroad in reorganization shall have standing to assert, in
    any judicial or administrative proceeding, any claim or defense
    available to such railroad in reorganization with respect to
    whether the insurance benefits and premiums described in the
    amendment made by the first section of this Act [amending this
    section] constitute enforceable contractual obligations of the
    estate of such railroad in reorganization. For purposes of this
    section, the term 'railroad in reorganization' has the meaning
    given such term in paragraph (14) of section 102 of the Regional
    Rail Reorganization Act of 1973 [section 702(14) of this title]."

            APPLICABILITY OF NATIONAL ENVIRONMENTAL POLICY ACT        
      Application of National Environmental Policy Act to actions of
    Commission not affected by title VI of Pub. L. 94-210, see section
    619 of Pub. L. 94-210, set out as a note under section 791 of this
    title.

-FOOTNOTE-
    (!1) So in original.

    (!2) See References in Text note below.

    (!3) So in original. Probably should be "(including".


-End-



-CITE-
    45 USC Sec. 744                                             01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 16 - REGIONAL RAIL REORGANIZATION
    SUBCHAPTER III - CONSOLIDATED RAIL CORPORATION

-HEAD-
    Sec. 744. Termination and continuation of rail services

-STATUTE-
    (a) Discontinuance
      (1) Except as provided in subsections (c) and (f) of this
    section, rail service on rail properties of a railroad in
    reorganization in the region, or of a person leased, operated, or
    controlled by such a railroad, which transfers to the Corporation
    or to profitable railroads operating in the region all or
    substantially all of its rail properties designated for such
    conveyance in the final system plan, and rail service on rail
    properties of a profitable railroad operating in the region which
    transfers substantially all of its rail properties to the
    Corporation or to other railroads pursuant to the final system
    plan, may be discontinued, to the extent such discontinuance is not
    precluded by the terms of the leases and agreements referred to in
    section 743(b)(2) of this title, if - 
        (A) the final system plan does not designate rail service to be
      operated over such rail properties;
        (B) not sooner than 30 days following the effective date of the
      final system plan, the trustee or trustees of the applicable
      railroad in reorganization or a profitable railroad give notice
      in writing of intent to discontinue such service on a date
      certain which is not less than 60 days after the date of such
      notice or on the date of any conveyance ordered by the special
      court pursuant to section 743(b)(1) of this title, whichever is
      later; and
        (C) the notice required by subparagraph (B) of this paragraph
      is sent by certified mail to the Commission; to the chief
      executive officer, the transportation agencies, and the
      government of each political subdivision of each State in which
      such rail properties are located; and to each shipper who has
      used such rail service during the previous 12 months.

      (2)(A) If rail properties are not, in accordance with the
    designations in the final system plan, required to be operated, as
    a consequence of a recommended arrangement for joint use or
    operation of rail properties (under section 716(g) of this title)
    or as part of a coordination project (under sections 716(c) and (g)
    of this title), rail service on such properties may be
    discontinued, subsequent to the date of conveyance of rail
    properties pursuant to such section 743(b)(1) of this title, if the
    Commission determines that such rail service on such rail
    properties is not compensatory and if - 
        (i) the petitioner and any other railroad involved in such
      arrangement or coordination project have, prior to filing an
      application for such discontinuance, entered into a binding
      agreement (effective on or before the effective date of such
      discontinuance) to carry out such arrangement or project;
        (ii) such application is filed with the Commission not later
      than 1 year after the effective date of the final system plan;
      and
        (iii) such discontinuance is not precluded by the terms of the
      leases and agreements referred to in such section 743(b)(2).

      (B) For purposes of this paragraph, rail service on rail
    properties is compensatory if the revenue attributable to such
    properties from such service equals or exceeds the sum of the
    avoidable costs of providing such service on such properties plus a
    reasonable return on the value of such rail properties, as
    determined in accordance with the standards developed pursuant to
    section 10362(b)(6) (!1) of title 49.

      (C) The Commission shall make its final determination, with
    respect to any discontinuance requested under this paragraph, not
    later than 120 days after the date of filing of an application
    therefor. The applicant shall have the burden of proving that the
    service involved is not compensatory. If the Commission fails to
    make a final determination within such time, the application shall
    be deemed to be granted.
      (D) The Commission may issue such rules, regulations, and
    procedures as it deems necessary for the conduct of its functions
    under this paragraph.
    (b) Abandonment
      (1) Except as provided in subsections (c) and (f) of this
    section, rail properties over which rail service has been
    discontinued under subsection (a) of this section may not be
    abandoned sooner than 120 days after the effective date of the
    discontinuance. Thereafter, except as provided in subsection (c) of
    this section, such rail properties may be abandoned upon 30 days'
    notice in writing to any person (including a government entity)
    required to receive notice under subsection (a)(1)(C) of this
    section.
      (2) In any case in which rail properties proposed to be abandoned
    under this section are designated by the final system plan as rail
    properties which are suitable for use for other public purposes
    (including roads or highways, other forms of mass transportation,
    conservation, and recreation), such rail properties shall not be
    sold, leased, exchanged, or otherwise disposed of during the 240-
    day period beginning on the date of notice of proposed abandonment
    under this section unless such rail properties have first been
    offered, upon reasonable terms, for acquisition for public
    purposes.
      (3) Rail service may be discontinued, under subsection (a) of
    this section, and rail properties may be abandoned, under this
    section, notwithstanding any provision of part A of subtitle IV of
    title 49, the constitution or law of any State, or the decision of
    any court or administrative agency of the United States or of any
    State.
    (c) Continuation of rail services
      No rail service may be discontinued and no rail properties may be
    abandoned, pursuant to this section - 
        (1) in the case of service and properties referred to in
      subsections (a)(1) and (b)(1) of this section, after 2 years from
      the effective date of the final system plan or more than 2 years
      after the date on which the final rail service continuation
      payment is received, whichever is later; or
        (2) if a financially responsible person (including a government
      entity) offers - 
          (A) to provide a rail service continuation payment which is
        designed to cover the difference between the revenue
        attributable to such rail properties and the avoidable costs of
        providing rail service on such properties, together with a
        reasonable return on the value of such properties;
          (B) to provide a rail service continuation payment which is
        payable pursuant to a lease or agreement with a State or with a
        local or regional transportation authority under which
        financial support was being provided on January 2, 1974 for the
        continuation of rail passenger service; or
          (C) to purchase, pursuant to subsection (f) of this section,
        such rail properties in order to operate rail services thereon.

    If a rail service continuation payment is offered, pursuant to
    paragraph (2)(A) of this subsection, for both freight and passenger
    service on the same rail properties, the owner of such properties
    may not be entitled to more than one payment of a reasonable return
    on the value of such properties.
    (d) Rail freight service
      (1) If a rail service continuation payment is offered, pursuant
    to subsection (c)(2)(A) of this section, for rail freight service,
    the person offering such payment shall designate the operator of
    such service and enter into an operating agreement with such
    operator. The person offering such payment shall designate as the
    operator of such service - 
        (A) the Corporation, if rail properties of the Corporation
      connect with the line of railroad involved, unless the Commission
      determines that such rail service continuation could be performed
      more efficiently and economically by another railroad;
        (B) any other railroad whose rail properties connect with such
      line, if the Corporation's rail properties do not so connect or
      if the Commission makes a determination in accordance with
      subparagraph (A) of this paragraph; or
        (C) any responsible person (including a government entity)
      which is willing to operate rail service over such rail
      properties.

    A designated railroad may refuse to enter into such an operating
    agreement only if the Commission determines, on petition by any
    affected party, that the agreement would substantially impair such
    railroad's ability to serve adequately its own patrons or to meet
    its outstanding common carrier obligations. The designated operator
    shall, pursuant to each such operating agreement (i) be obligated
    to operate rail freight service on such rail properties, and (ii)
    be entitled to receive, from the person offering such payment, the
    difference between the revenue attributable to such properties and
    the avoidable costs of providing service on such rail properties,
    together with a reasonable management fee, as determined by the
    Office.
      (2) The trustees of a railroad in reorganization shall permit
    rail service to be continued on any rail properties with respect to
    which a rail service continuation payment operating agreement has
    been entered into under this subsection. Such trustees shall
    receive a reasonable return on the value of such properties, as
    determined in accordance with the standards developed pursuant to
    section 10362(b)(6) (!2) of title 49.

      (3) If necessary to prevent any disruption or loss of rail
    service, at any time after the date of conveyance, pursuant to
    section 743(b)(1) of this title, the Commission shall take such
    action as may be appropriate under its existing authority
    (including the enforcement of common carrier requirements
    applicable to railroads in reorganization in the region) to ensure
    compliance with obligations imposed under this subsection. The
    district courts of the United States shall have jurisdiction, upon
    petition by the Commission or any interested person (including a
    government entity), to enforce any order of the Commission issued
    pursuant to the exercise of its authority under this subsection, or
    to enjoin any designated entity or the trustees of a railroad in
    reorganization in the region from refusing to comply with the
    provisions of this subsection.
      (4) No determination of reasonable payment for the use of rail
    properties of a railroad in reorganization in the region, and no
    determination of value of rail properties of such a railroad
    (including supporting or related documents or reports of any kind)
    which is made in connection with any lease agreement, contract of
    sale, or other agreement or understanding which is entered into
    after October 19, 1976 - 
        (A) pursuant to this section; or
        (B) pursuant to section 762 (!2) of this title or section 17
      (!2) of the Federal Transit Act (49 U.S.C. 1613),

    shall be admitted as evidence, or used for any other purpose, in
    any civil action, or any other proceeding for damages or
    compensation, arising under this chapter.
    (e) Rail passenger service
      (1) The Corporation (or a profitable railroad) shall provide rail
    passenger service for a period of 180 days immediately following
    the date of conveyance (pursuant to section 743(b)(1) of this
    title), with respect to any rail properties over which a railroad
    in reorganization in the region, or a person leased, operated, or
    controlled by such a railroad, was providing rail passenger service
    immediately prior to such date of conveyance. Such service shall be
    provided on such properties regardless of whether or not such
    properties are designated in the final system plan as rail
    properties over which rail service is required to be operated,
    except with respect to properties over which such service is
    provided by the National Railroad Passenger Corporation.
      (2) If a State (or a local or regional transportation authority)
    was providing financial assistance to support the operation of rail
    passenger service, pursuant to a lease or agreement which was in
    effect immediately prior to the date of conveyance (pursuant to
    such section 743(b)(1) of this title), the Corporation (or a
    profitable railroad) shall be bound by the service provisions of
    such lease or agreement for the duration of the 180-day mandatory
    operation period specified in paragraph (1) of this subsection. If
    a State or such an authority was providing financial assistance for
    the continuation of rail passenger service on rail properties
    immediately prior to such date of conveyance, it shall provide the
    same level of financial assistance during such 180-day mandatory
    operation period. If no such financial assistance was being
    provided or if no such lease or agreement was in effect immediately
    prior to such date of conveyance, with respect to any such rail
    properties, the Corporation (or a profitable railroad) shall
    provide the same level of rail passenger service, for the duration
    of such 180-day mandatory operation period, that was provided prior
    to such date by the applicable railroad. If - 
        (A) such financial assistance is not provided;
        (B) a State (or a local or regional transportation authority)
      has not, by the end of such 180-day mandatory operation period,
      offered a rail service continuation payment pursuant to
      subsection (c)(2)(A) of this section;
        (C) an applicable rail service continuation payment pursuant to
      such subsection (c)(2)(A) of this section is not paid when it is
      due; or
        (D) a payment required under a lease or agreement, pursuant to
      section 743(b)(2) of this title or subsection (c)(2)(B) of this
      section, is not paid when it is due,

    the Corporation (or, where applicable, the National Railroad
    Passenger Corporation, a profitable railroad, or the trustee or
    trustees of a railroad in reorganization in the region) may (i)
    discontinue such rail passenger service, and (ii) with respect to
    rail properties not designated for inclusion in the final system
    plan, abandon such properties pursuant to subsections (a) and (b)
    of this section.
      (3) Nothing in this subsection shall be construed to affect the
    obligation of the Corporation (or a profitable railroad), or of the
    trustees of the railroads in reorganization in the region, to
    provide rail passenger service pursuant to section 743(b)(2) of
    this title or subsection (c)(2)(B) of this section.
      (4) If a State (or a local or regional transportation authority) -
     
        (A) offers a rail service continuation payment, pursuant to
      subsection (c)(2)(A) of the (!3) section, for the operation of
      rail passenger service after the 180-day mandatory operation
      period, and

        (B) provides compensation, pursuant to paragraph (2) of this
      subsection, for operations conducted during the 180-day mandatory
      operation period; or
        (C) offers a rail service continuation payment, pursuant to
      subsection (c)(2)(A) of this section, for the operation of rail
      passenger service provided under an agreement or lease pursuant
      to section 743(b)(2) of this title or subsection (c)(2)(B) of
      this section where such offer is made for the continuation of the
      service beyond the period required by such agreement or lease,
      except that such services shall not be eligible for assistance
      under section 17(a)(2) (!4) of the Federal Transit Act (49 U.S.C.
      1613(a)(2)),


    the Corporation (or a profitable railroad) shall continue to
    provide such service after the end of such period, except as
    otherwise provided in this subsection.
      (5)(A) The Secretary shall reimburse the Corporation (or a
    profitable railroad) for any loss which is incurred by it during
    the 180-day mandatory operation period specified in paragraph (1)
    of this subsection which is not compensated for by a State (or a
    local or regional transportation authority). The amount of such
    reimbursement shall be determined pursuant to section 17(a)(1) (!4)
    of the Federal Transit Act.
      (B) The Secretary shall reimburse States, local public bodies,
    and agencies thereof for additional costs incurred by such States,
    bodies, and agencies for rail service continuation payments for
    rail passenger service pursuant to section 17(a)(2) (!4) of the
    Federal Transit Act.
      (C) For purposes of the obligation of the Secretary to reimburse
    the Corporation (or a profitable railroad) or States, local public
    bodies, and agencies thereof under subparagraphs (A) and (B) of
    this paragraph, the level of rail passenger service shall be
    determined on the basis of train miles, car miles, or some other
    appropriate indicia of scheduled train movements. Programs to
    correct deferred maintenance on rolling stock, right-of-way, and
    other facilities which are designed to maintain service, meet on-
    time performance, and maintain a reasonable degree of passenger
    comfort (and costs incurred incident thereto) shall be included
    within the meaning of the term "loss" as used in subparagraph (A)
    of this paragraph and within the meaning of the term "additional
    costs" as used in subparagraph (B) of this paragraph and section
    17(a)(2) (!4) of the Federal Transit Act (49 U.S.C. 1613(a)(2)).
      (D) If a dispute arises with respect to the application of any
    such regulations, the parties to such dispute may submit such
    dispute to arbitration by a third party. If the parties are unable
    to agree upon the selection of an arbitrator, the Chairman of the
    Commission shall serve in that capacity (except as to matters
    required to be decided by the Commission, pursuant to section
    562(a) of this title).
      (6) Notwithstanding any other provision of this subsection, the
    Corporation is not obligated to provide rail passenger service on
    rail properties if a State (or a local or regional transportation
    authority) contracts for such service to be provided on such
    properties by an operator other than the Corporation, except that
    the Corporation shall, where appropriate, provide such operator
    with access to such properties for such purpose.
      (7)(A) If a State (or a local or regional transportation
    authority) in the region offers to provide payment for the
    provision of additional rail passenger service, the Corporation
    shall undertake to provide such service pursuant to this subsection
    (including the discontinuance provisions of paragraph (2) of this
    subsection). An offer to provide payment for the provision of
    additional rail passenger service shall be made in accordance with
    subsection (c)(2)(A) of this section, and shall be designed to
    avoid any additional costs to the Corporation arising from the
    construction or modification of capital facilities or from any
    additional operating delays or costs arising from the absence of
    such construction or modification. The State (or local or regional
    transportation authority) shall demonstrate that it has acquired,
    leased, or otherwise obtained access to all rail properties, other
    than those designated for conveyance to the National Railroad
    Passenger Corporation pursuant to sections 716(c)(1)(C) and
    716(c)(1)(D) of this title and to the Corporation pursuant to
    section 743(b)(1) of this title, necessary to provide the
    additional rail passenger service and that it has completed, or
    will complete prior to the inception of the additional rail
    service, all capital improvements necessary to avoid significant
    costs which cannot be avoided by improved scheduling or other means
    on other existing rail services (including rail freight service)
    and to assure that the additional service will not detract from the
    level and quality of existing rail passenger and freight service.
      (B) As used in this paragraph, the term "additional rail
    passenger service" means rail passenger service (other than rail
    passenger service provided pursuant to the provisions of paragraphs
    (2) and (4) of this subsection), including extended or expanded
    service and modified routings, which is to be provided over rail
    properties conveyed to the Corporation pursuant to section
    743(b)(1) of this title, or over (i) rail properties contiguous
    thereto conveyed to the National Railroad Passenger Corporation
    pursuant to this chapter, or (ii) any other rail properties
    contiguous thereto to which a State (or local or regional
    transportation authority) has obtained access.
      (C) Notwithstanding any other provision of this paragraph, the
    Corporation shall not be required to operate additional rail
    passenger service over rail properties leased or acquired from or
    owned or leased by a profitable railroad in the region.
      (8) The Secretary shall, in consultation with the Association,
    conduct a study to determine the best means of compensating the
    Corporation for liabilities which it may incur for damages to
    persons or property, resulting from the operation of rail passenger
    service required to be operated pursuant to this subsection or
    section 743(b)(2) of this title, which are not underwritten by
    private insurance carriers or are not indemnified by a State (or
    local or regional transportation authority). Such study shall
    identify the nature of the risks to the Corporation, the probable
    degree of uninsurability of such risks, and the desirability and
    feasibility of various indemnification programs, including subsidy
    offers made pursuant to this section, self-insurance through a
    passenger tax or other mechanism, or government indemnification for
    such liabilities. Within one year after November 8, 1978, the
    Secretary shall prepare a report with appropriate recommendations
    and shall submit such report to the Congress. Such report shall
    specify the most appropriate means of indemnifying the Corporation
    for such liabilities in a manner which shall prevent the cross-
    subsidization of passenger services with revenues from freight
    services operated by the Corporation.
    (f) Purchase
      If an offer to purchase is made under subsection (c)(2)(C) of
    this section, such offer shall be accompanied by an offer of a rail
    service continuation payment. Such payment shall continue until the
    purchase transaction is completed, unless a railroad assumes
    operations over such rail properties of its own account pursuant to
    an order or authorization of the Commission. Whenever a railroad in
    reorganization in the region or a profitable railroad gives notice
    of intent to discontinue service pursuant to subsection (a) of this
    section, such railroad shall, upon the request of anyone apparently
    qualified to make an offer to purchase or to provide a rail service
    continuation payment, promptly make available its most recent
    reports on the physical condition of such property, together with
    such traffic and revenue data as would be required under subpart B
    of part 1121 of chapter X of title 49 of the Code of Federal
    Regulations and such other data as are necessary to ascertain the
    avoidable costs of providing service over such rail properties.
    (g) Abandonment by Corporation
      After the rail system to be operated by the Corporation or a
    subsidiary thereof under the final system plan has been in
    operation for 2 years, the Commission may authorize the Corporation
    or a subsidiary thereof to abandon any rail properties as to which
    it determines that rail service over such properties is not
    required by the public convenience and necessity, if the
    Corporation or a subsidiary thereof can demonstrate that no State
    (or local or regional transportation authority) is willing to offer
    a rail service continuation payment pursuant to subsection (c) of
    this section. The Commission may, at any time after the effective
    date of the final system plan, authorize additional rail service in
    the region or authorize the abandonment of rail properties which
    are not being operated by the Corporation or any subsidiary or
    affiliate thereof or by any other person. Determinations by the
    Commission under this subsection shall be made pursuant to
    applicable provisions of part A of subtitle IV of title 49.
    (h) Interim abandonment
      After February 5, 1976, and prior to the date of conveyance
    (pursuant to section 743(b)(1) of this title), no railroad in
    reorganization in the region may discontinue service or abandon any
    line of railroad other than in accordance with the provisions of
    this chapter, unless (1) it is authorized to do so by the
    Association, and (2) no affected State (or local or regional
    transportation authority) reasonably opposes such action,
    notwithstanding any provision of any other Federal law, the
    constitution or law of any State, or the decision or order of, or
    the pendency of any proceeding before any Federal or State court,
    agency, or authority.
    (i) Disposition of designated rail properties
      No railroad in reorganization in the region and no person leased,
    operated or controlled by such a railroad shall sell, transfer,
    encumber, or otherwise dispose of rail property, or any right or
    interest therein, designated for transfer to the Corporation or
    conveyance to a profitable railroad in the final system plan,
    except pursuant to section 743(b) of this title. The provisions of
    this subsection shall not apply to any such sale, transfer,
    encumbrance, or other disposition - 
        (1) as to which the Association generally or specifically
      consents in writing;
        (2) which, prior to February 5, 1976, had been specifically
      approved by a United States district court having jurisdiction
      over the reorganization of a railroad in reorganization under
      section 77 of the Bankruptcy Act; or
        (3) following certification to the special court, pursuant to
      section 719(c) of this title, of any such rail properties not
      previously so certified.

-SOURCE-
    (Pub. L. 93-236, title III, Sec. 304, Jan. 2, 1974, 87 Stat. 1008;
    Pub. L. 94-210, title VI, Sec. 607(i), title VIII, Sec. 804, Feb.
    5, 1976, 90 Stat. 97, 133; Pub. L. 94-555, title II, Secs. 205,
    206, Oct. 19, 1976, 90 Stat. 2620, 2621; Pub. L. 95-473, Sec. 4(b),
    Oct. 17, 1978, 92 Stat. 1466; Pub. L. 95-607, title II, Sec. 201,
    Nov. 8, 1978, 92 Stat. 3064; Pub. L. 97-449, Sec. 4(b)(2), Jan. 12,
    1983, 96 Stat. 2441; Pub. L. 102-240, title III, Sec. 3003(b), Dec.
    18, 1991, 105 Stat. 2088; Pub. L. 104-88, title III, Sec. 327(3),
    Dec. 29, 1995, 109 Stat. 951; Pub. L. 104-287, Sec. 6(f)(4)(A),
    Oct. 11, 1996, 110 Stat. 3399.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 10362(b)(6) of title 49, referred to in subsecs.
    (a)(2)(B) and (d)(2), was omitted in the general amendment of
    subtitle IV of Title 49, Transportation, by Pub. L. 104-88, title
    I, Sec. 102(a), Dec. 29, 1995, 109 Stat. 804. Previously, in
    subsec. (d)(2), "section 10362(b)(6) of title 49" was substituted
    for "section 205(d)(6) of this Act", meaning section 205(d)(6) of
    Pub. L. 93-236, on authority of Pub. L. 95-473, Sec. 3(b), Oct. 17,
    1978, 92 Stat. 1466, the first section of which enacted subtitle IV
    of Title 49.
      Section 762 of this title, referred to in subsec. (d)(4)(B), was
    repealed by Pub. L. 94-210, title VIII, Sec. 806, Feb. 5, 1976, 90
    Stat. 143, eff. Apr. 1, 1978.
      Section 17 of the Federal Transit Act, referred to in subsecs.
    (d)(4)(B) and (e)(4)(C), (5)(A) to (C), which was classified to
    section 1613 of former Title 49, Transportation, was repealed by
    Pub. L. 103-272, Sec. 7(b), July 5, 1994, 108 Stat. 1379.
      Section 77 of the Bankruptcy Act, referred to in subsec. (i)(2),
    was classified to section 205 of former Title 11, Bankruptcy. The
    Bankruptcy Act (act July 1, 1898, ch. 541, 30 Stat. 544, as
    amended) was repealed effective Oct. 1, 1979, by Pub. L. 95-598,
    Secs. 401(a), 402(a), Nov. 6, 1978, 92 Stat. 2682, section 101 of
    which enacted revised Title 11. For current provisions relating to
    railroad reorganization, see subchapter IV (Sec. 1161 et seq.) of
    chapter 11 of Title 11.


-MISC1-
                                AMENDMENTS                            
      1996 - Subsec. (b)(3). Pub. L. 104-287 made technical amendment
    to directory language of Pub. L. 104-88, Sec. 327(3)(B). See 1995
    Amendment note below.
      1995 - Subsec. (a)(2)(B). Pub. L. 104-88, Sec. 327(3)(A),
    substituted "section 10362(b)(6) of title 49" for "section
    205(d)(6) of this Act".
      Subsec. (b)(3). Pub. L. 104-88, Sec. 327(3)(B), as amended by
    Pub. L. 104-287, substituted "part A of subtitle IV of title 49"
    for "the Interstate Commerce Act".
      Subsec. (d)(3). Pub. L. 104-88, Sec. 327(3)(C), substituted "this
    title, the Commission" for "this title, the Commission - ", struck
    out "(A)" before "shall take such action", and substituted "under
    this subsection." for "under this subsection; and
        "(B) shall have authority, in accordance with the provisions of
      section 1(16)(b) of the Interstate Commerce Act (49 U.S.C.
      1(16)(b)), to direct rail service to be provided by any
      designated railroad or by the trustees of a railroad in
      reorganization in the region, if a rail service continuation
      payment has been offered but an applicable operating or lease
      agreement is not in effect.
    For purposes of the preceding sentence, any compensation required
    as a result of such directed service shall be determined in
    accordance with the standards developed pursuant to section
    205(d)(6) of this Act."
      Subsec. (e)(4)(A). Pub. L. 104-88, Sec. 327(3)(D)(i), struck out
    "and under regulations issued by the Office pursuant to section
    205(d)(5) of this Act" before ", for the operation".
      Subsec. (e)(4)(C). Pub. L. 104-88, Sec. 327(3)(D)(ii), struck out
    "and regulations issued by the Office pursuant to section 205(d)(5)
    of this Act" after "subsection (c)(2)(A) of this section".
      Subsec. (e)(5)(A), (B). Pub. L. 104-88, Sec. 327(3)(E), struck
    out before period at end "and under regulations issued by the
    Office pursuant to section 205(d)(5) of this Act".
      Subsec. (e)(7)(A). Pub. L. 104-88, Sec. 327(3)(F), struck out
    "and under regulations issued by the Office pursuant to section
    205(d)(5) of this Act" after "subsection (c)(2)(A) of this
    section".
      Subsec. (g). Pub. L. 104-88, Sec. 327(3)(G), substituted "part A
    of subtitle IV of title 49" for "the Interstate Commerce Act".
      1991 - Subsecs. (d)(4)(B), (e)(4)(C), (5)(A) to (C). Pub. L. 102-
    240 substituted "Federal Transit Act" for "Urban Mass
    Transportation Act of 1964".
      1983 - Subsec. (j). Pub. L. 97-449 repealed section 304(j) of
    Pub. L. 93-236, effective Oct. 17, 1978, the date Pub. L. 95-473
    repealed subsec. (j) by repealing section 804 "Sec. 304(j)" of Pub.
    L. 94-210. See 1978 Amendment note below.
      1978 - Subsec. (e). Pub. L. 95-607 added subpar. (C) of par. (4)
    and pars. (7) and (8).
      Subsec. (j). Pub. L. 95-473 struck out subsec. (j) which provided
    for exempt rail mass transportation not under the jurisdiction of
    the Interstate Commerce Commission.
      1976 - Subsec. (a). Pub. L. 94-210, Sec. 804, redesignated
    existing provisions as par. (1) and inserted provision relating to
    applicability to a railroad in reorganization in the region, or of
    a person leased, operated, or controlled by such a railroad, in
    subpar. (B) inserted provision relating to notice on the date of
    any conveyance ordered by the special court, and in subpar. (C)
    inserted requirement that notice be sent to the Commission and
    substituted reference to the chief executive officer for reference
    to the Governor, and added par. (2).
      Subsec. (b). Pub. L. 94-210, Sec. 804, in par. (1) inserted
    exception of subsecs. (c) and (f) of this section and substituted
    provisions requiring notice to be sent to any person (including a
    government entity), for provisions requiring notice to be sent to
    all those required to receive notice, in par. (2) substituted "240"
    for "180", and added par. (3).
      Subsec. (c). Pub. L. 94-210, Sec. 804, substituted provisions
    relating to continuation of rail services and applicability of rail
    service continuation payments to such continuation, for provisions
    relating to limitations of Interstate Commerce Act, State
    constitution or law, or decision of Federal or State court or
    agency on power to discontinue rail service and abandon rail
    properties and applicability of rail service continuation subsidies
    on such power.
      Subsec. (d). Pub. L. 94-210, Sec. 804, added subsec. (d). Former
    subsec. (d) redesignated (f) and amended.
      Subsec. (d)(4). Pub. L. 94-555, Sec. 205(a), added par. (4).
      Subsec. (e). Pub. L. 94-210, Secs. 607(i), 804, added subsec.
    (e). Former subsec. (e) redesignated (g) and amended.
      Subsec. (e)(5)(D). Pub. L. 94-555, Sec. 205(b), redesignated
    former subpar. (C) as (D) and added subpar. (C).
      Subsec. (f). Pub. L. 94-210, Sec. 804, redesignated former
    subsec. (d) as (f) and substituted provisions relating to rail
    service continuation payments, for provisions relating to rail
    service continuation subsidies. Former subsec. (f) redesignated (h)
    and amended.
      Subsec. (g). Pub. L. 94-210, Sec. 804, redesignated former
    subsec. (e) as (g) and inserted reference to any subsidiary of a
    Corporation and provision relating to demonstration by the
    Corporation, etc., that no State (or local or regional
    transportation authority) will offer a continuation payment under
    subsec. (c) of this section.
      Subsec. (h). Pub. L. 94-210, Sec. 804, redesignated former
    subsec. (f) as (h), substituted "February 5, 1976, and prior to the
    date of conveyance (pursuant to section 743(b)(1) of this title)"
    for "January 2, 1974" and "reorganization in the region may" for
    "reorganization may", and made minor changes in structure.
      Subsecs. (i), (j). Pub. L. 94-210, Sec. 804, added subsecs. (i)
    and (j).
      Subsec. (j)(1). Pub. L. 94-555, Sec. 206(1), inserted limitation
    "by rail" to mass transportation services, and provided that any
    local body providing mass transportation services by rail is
    exempted from the rules, regulations, and orders promulgated under
    the Interstate Commerce Act, if interstate fares or application to
    the Interstate Commerce Commission for a change in such fares is
    subject to the approval or disapproval of the Governor of any state
    in which it provides services.
      Subsec. (j)(2)(B). Pub. L. 94-555, Sec. 206(2), substituted
    definition of "mass transportation services" for "mass
    transportation".

                     EFFECTIVE DATE OF 1996 AMENDMENT                 
      Section 6(f)(4)(A) of Pub. L. 104-287 provided that the amendment
    made by that section is effective Dec. 29, 1995.

                     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 1976 AMENDMENT                 
      Amendment by Pub. L. 94-555 effective Oct. 1, 1976, see section
    303 of Pub. L. 94-555, set out as a note under section 702 of this
    title.


-TRANS-
      ABOLITION OF SPECIAL COURT, REGIONAL RAIL REORGANIZATION ACT OF
                      1973, AND TRANSFER OF FUNCTIONS
      Special court abolished and all jurisdiction and functions
    transferred to United States District Court for District of
    Columbia, see section 719(b)(2) of this title.

        ABOLITION OF INTERSTATE COMMERCE COMMISSION AND TRANSFER OF
                                 FUNCTIONS
      Interstate Commerce Commission abolished and functions of
    Commission transferred, except as otherwise provided in Pub. L. 104-
    88, 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.


-MISC2-
            APPLICABILITY OF NATIONAL ENVIRONMENTAL POLICY ACT        
      Application of National Environmental Policy Act to actions of
    Commission not affected by title VI of Pub. L. 94-210, see section
    619 of Pub. L. 94-210, set out as a note under section 791 of this
    title.

-FOOTNOTE-
    (!1) See References in Text note below.

    (!2) See References in Text note below.

    (!3) So in original. Probably should be "this".

    (!4) See References in Text note below.


-End-



-CITE-
    45 USC Sec. 744a                                            01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 16 - REGIONAL RAIL REORGANIZATION
    SUBCHAPTER III - CONSOLIDATED RAIL CORPORATION

-HEAD-
    Sec. 744a. End of Conrail commuter service obligation

-STATUTE-
      Notwithstanding any other provision of law or contract, Conrail
    shall be relieved of any legal obligation to operate commuter
    service on January 1, 1983.

-SOURCE-
    (Pub. L. 97-35, title XI, Sec. 1136, Aug. 13, 1981, 95 Stat. 647.)

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Omnibus Budget Reconciliation
    Act of 1981 and also as part of the Northeast Rail Service Act of
    1981, and not as part of the Regional Rail Reorganization Act of
    1973 which comprises this chapter.


-MISC1-
                              EFFECTIVE DATE                          
      Section effective Aug. 13, 1981, see section 1169 of Pub. L. 97-
    35, set out as a note under section 1101 of this title.

       AUTHORIZATION OF APPROPRIATION TO FACILITATE TRANSFER OF RAIL
      COMMUTER SERVICE FROM CONRAIL TO OTHER OPERATORS; STANDARDS FOR
                    DISTRIBUTION OF APPROPRIATED FUNDS
      Section 1139(b) of Pub. L. 97-35, as amended by Pub. L. 97-468,
    title V, Sec. 504(a), Jan. 14, 1983, 96 Stat. 2552, provided that:
      "(1) There are authorized to be appropriated to the Secretary not
    to exceed $50,000,000, to facilitate the transfer of rail commuter
    services from Conrail to other operators. The Secretary shall by
    regulation prescribe standards for the obligation of such funds,
    and shall ensure that distribution of such funds is equitably made
    between Amtrak Commuter and the commuter authorities that operate
    commuter service. In providing for the distribution of such funds,
    the Secretary shall consider any particular adverse financial
    impact upon any commuter authority that results from the
    termination of any lease or agreement between such commuter
    authority and Conrail. Amounts appropriated under this section are
    authorized to remain available until October 1, 1986.
      "(2) Any funds appropriated under the authority of this
    subsection shall be distributed by the Secretary to Amtrak Commuter
    and commuter authorities according to the statutory provisions of
    paragraph (1) of this subsection within 60 days after receipt of an
    application by Amtrak Commuter or such commuter authorities or
    within 60 days after the date of enactment of the Rail Safety and
    Service Improvement Act of 1982 [Jan. 14, 1983], whichever is
    later."

-End-



-CITE-
    45 USC Sec. 745                                             01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 16 - REGIONAL RAIL REORGANIZATION
    SUBCHAPTER III - CONSOLIDATED RAIL CORPORATION

-HEAD-
    Sec. 745. Continuing reorganization; supplemental transactions

-STATUTE-
    (a) Proposals
      If the Secretary or the Association determines that, as part of
    continuing reorganization, further restructuring of rail properties
    in the region through transactions supplemental to the final system
    plan would promote the establishment and retention of a financially
    self-sustaining rail service system in the region adequate to meet
    the needs of the region, the Secretary or the Association, as the
    case may be, may develop proposals for such supplemental
    transactions as are necessary or appropriate to implement the
    needed restructuring. Transfers of rail properties included in
    proposals developed by the Association shall be limited to (1) rail
    properties which would have qualified for designation under section
    716(c)(1)(A) of this title but which were not transferred or
    conveyed under the final system plan, and which the Association
    finds to be essential to the efficient operations of the
    Corporation, and (2) transfers, consistent with the final system
    plan, of rail properties from the Corporation to a subsidiary
    thereof. Each proposal (other than a proposal developed by the
    Association) shall be submitted in writing to the Association and
    shall state and describe any transactions proposed, the rail
    properties involved, the parties to such transactions, the
    financial and other terms of such transactions, the purposes of the
    chapter or the goals of the final system plan intended to be
    effectuated by such transactions, and such other information
    incidental thereto as the Association may prescribe. Within 10 days
    after receipt of a proposal developed by the Secretary, and upon
    the development of a proposal developed by the Association, the
    Association shall publish a summary of such proposal in the Federal
    Register, and shall afford interested persons (including the
    Corporation when property is to be transferred to or from the
    Corporation) an opportunity to comment thereon.
    (b) Evaluation by Association
      The Association shall analyze each proposal containing one or
    more supplemental transactions, taking into account the comments of
    interested persons and statements and exhibits submitted at any
    public hearings which may have been held. The Association shall,
    within 120 days after the publication of a summary thereof under
    subsection (a) of this section, publish in the Federal Register a
    report evaluating such proposal. Such evaluation shall state
    whether the supplemental transactions contained in such proposal,
    considered in their entirety, are (1) in the public interest and
    consistent with the purposes of this chapter and the goals of the
    final system plan, and (2) fair and equitable. If the Corporation
    opposes, or seeks modification of, any such proposed transfer, its
    written comments shall be given due consideration by the
    Association and shall be published as part of the evaluation.
    Within 30 days after the Association publishes its report, each
    proposed transferor or transferee shall notify the Association in
    writing as to whether any proposed supplemental transaction
    requiring the transfer of any property from or to such transferor
    or transferee is acceptable to such proposed transferor or
    transferee. If any such proposed transferor (other than the
    Corporation) or transferee fails to notify the Association that any
    proposed supplemental transaction requiring the transfer of any
    property from such transferor or to such transferee is acceptable
    to it, no further administrative or judicial proceedings shall be
    conducted with respect to such proposed supplemental transaction.
    (c) Review by Commission
      Within 90 days after the publication in the Federal Register of
    each report referred to in subsection (b) of this section, the
    Commission shall determine whether the supplemental transactions
    referred to in the report, considered in their entirety, would be
    in the public interest and consistent with the purposes of this
    chapter and the goals of the final system plan. In making such
    determination, the Commission shall give due consideration to the
    views received by it, within 30 days after the publication of the
    applicable report, from the Corporation and the Secretary. The
    Commission may condition its approval of such supplemental
    transactions on such reasonable terms and conditions as it may deem
    necessary in the public interest. The approval by the Commission of
    such supplemental transactions shall not be a prerequisite to the
    consummation of such transactions, but any determination of the
    Commission modifying, approving, or disapproving any proposed
    supplemental transactions shall be given due weight and
    consideration by the special court in the proceedings prescribed in
    subsection (d) of this section. If the Commission fails to act
    within the time period provided in this subsection, the
    supplemental transactions involved shall be deemed to have been
    approved by the Commission. The Commission may prescribe such
    regulations as may be necessary for the administration of this
    section.
    (d) Special court proceedings
      (1) If the Association has made the determination pursuant to
    subsection (b) of this section that a proposal for supplemental
    transactions is in the public interest and consistent with the
    purposes of this chapter and the goals of the final system plan,
    and is fair and equitable, the Association shall, within 40 days
    after the date of the Commission's determination under subsection
    (c) of this section, or after the expiration of the 90-day period
    referred to in such subsection (c) of this section, whichever is
    applicable, petition the special court for an order of such court
    finding that such proposal for supplemental transactions is in the
    public interest and consistent with the purposes of this chapter
    and the goals of the final system plan, and is fair and equitable,
    and directing the Corporation to carry out the supplemental
    transactions specified in such proposal. If the Association has
    determined, pursuant to subsection (b) of this section that a
    proposal made by the Secretary is not in the public interest or is
    not consistent with the purposes of this chapter and the goals of
    the final system plan or is not fair and equitable, the Secretary
    may, if he determines that such proposal is in the public interest
    and consistent with the purposes of this chapter and the goals of
    the final system plan and is fair and equitable, petition the
    special court for an order of such court finding that such proposal
    for supplemental transactions is in the public interest and
    consistent with the purposes of this chapter and the goals of the
    final system plan and is fair and equitable, and directing the
    Corporation to carry out any supplemental transactions specified in
    such proposal. Such a petition shall be submitted to the special
    court within 90 days after the date of the Commission's
    determination under such subsection (c) of this section, or after
    the expiration of the 90-day period referred to in such subsection
    (c) of this section, whichever is applicable.
      (2) After the filing of a petition under paragraph (1) of this
    subsection, the special court shall decide, after a hearing,
    whether the proposed supplemental transactions contained in such
    petition, considered in their entirety, are in the public interest
    and consistent with the purposes of this chapter and the goals of
    the final system plan and are fair and equitable. If the special
    court determines that such proposed supplemental transactions,
    considered in their entirety, are in the public interest and
    consistent with the purposes of this chapter and the goals of the
    final system plan and are fair and equitable, it shall, upon making
    such determination, issue such orders as may be necessary to direct
    the Corporation to consummate the transactions. If the special
    court determines that such proposed supplemental transactions,
    considered in their entirety, are not in the public interest or not
    consistent with the purposes of this chapter and the goals of the
    final system plan, or are not fair and equitable, it shall file an
    opinion stating its conclusion and the reasons therefor. In such
    event the Association (in the case of a proposal developed by the
    Association) or the Secretary (in the case of a proposal developed
    by the Secretary) may, within 120 days after the filing of such
    opinion, certify to the special court that the terms and conditions
    of the proposal have been modified consistent with the opinion of
    the court and are acceptable to each proposed transferor (other
    than the Corporation) or transferee, and may petition the special
    court for reconsideration of the proposal as so modified. After the
    filing of such petition, the special court shall decide, after a
    hearing, whether the proposal as modified by the certification is
    in the public interest and consistent with the purposes of this
    chapter and the goals of the final system plan and is fair and
    equitable, and shall enter such further orders as are consistent
    with its determination.
      (3) The Corporation is authorized to petition the special court
    and to be represented regarding any proposed supplemental
    transaction, contained in a proposal developed by either the
    Association or the Secretary, which involves the properties of the
    Corporation.
      (4) In proceedings under this subsection, the special court is
    authorized to exercise the powers of a reorganization court.
      (5) Any evaluation by the Association, the Secretary, or the
    Commission shall not be reviewable in any court except the special
    court in accordance with the provisions of this section. The
    supplemental transactions shall not be restrained or enjoined by
    any court nor shall they be otherwise reviewable by any court other
    than by the special court to the extent provided in this section.
      (6) Notwithstanding any other provision of this chapter, no
    findings, determinations, or proceedings shall be required with
    respect to any proposal for supplemental transactions other than as
    expressly set forth in this section.
      (7) Repealed. Pub. L. 97-35, title XI, Sec. 1155(b), Aug. 13,
    1981, 95 Stat. 679.
      (8) A final order or judgment of the special court entering or
    denying an order pursuant to this subsection shall be reviewable in
    the same manner as provided in section 719(e)(3) of this title.
    (e) "Fair and equitable" defined
      As used in this section, the term "fair and equitable" means fair
    and equitable, in accordance with the standards applicable to the
    approval of a plan of reorganization (or a step in such plan) under
    section 77 of the Bankruptcy Act (!1) to - 

        (1) the estates of railroads in reorganization in the region
      and persons leased, operated, or controlled by such railroads who
      have conveyed rail properties, under section 743(b)(1) of this
      title, in exchange for securities of the Corporation, the
      Association, or profitable railroads and other benefits provided
      as a consequence of this chapter and to any subsequent holders of
      such securities at the time of the supplemental transaction
      involved; and
        (2) the holders of other securities of the Corporation.

    Whenever any property or securities of the Corporation are required
    to be valued in order to determine whether the terms of a
    supplemental transaction are fair and equitable, the special court
    shall give proper recognition to the contributions to the
    Corporation by all classes of security holders, except that such
    court shall not assign to the series B preferred stock or the
    common stock of the Corporation any values added to those
    securities, by reason of investment by the Association in
    debentures and series A preferred stock of the Corporation, in
    excess of any value required by constitutional principles
    applicable to a reorganization process.
    (f) Expedited proposals
      (1) Within 240 days after the effective date of the Staggers Rail
    Act of 1980, the Secretary, after providing an opportunity for
    comments from interested parties, shall determine whether to
    initiate a proposal for a supplemental transaction under this
    section for the transfer of all rail properties of the Corporation
    in the States of Connecticut and Rhode Island to another railroad
    in the region. If the Secretary determines that - 
        (A) the proposed transferee railroad is financially and
      operationally capable of assuming the freight operations and
      freight service obligations of the Corporation on a financially
      self-sustaining basis;
        (B) the proposed transfer would promote the establishment and
      retention of a financially self-sustaining rail system in the
      States of Connecticut and Rhode Island adequate to meet the needs
      of such States; and
        (C) the proposed transfer is consistent with the goals set
      forth in section 716(a)(8) of this title,

    the Secretary shall develop such a proposal and may, after
    providing the Association, the Commission, and the States of
    Connecticut and Rhode Island an opportunity to review and comment
    on such proposal, petition the special court for an order to carry
    out such proposal.
      (2)(A) Within 10 days after August 13, 1981, the Secretary shall
    initiate discussions and negotiations for the transfer of some or
    all of the Corporation's rail properties and freight service
    obligations in the States of Connecticut and Rhode Island to one or
    more parties under a plan which provides for continued rail freight
    service on all lines operated by the Corporation on August 13,
    1981, for at least four years.
      (B) Within 120 days after August 13, 1981, the Secretary shall
    petition the special court for an order to transfer all of the
    Corporation's rail properties and freight service obligations in
    the States of Connecticut and Rhode Island to one or more railroads
    in the Region - 
        (i) which have under subparagraph (A) of this paragraph
      completed negotiations and submitted to the Secretary a proposal
      to assume all of the freight operations and freight service
      obligations of the Corporation in such States on a financially
      self-sustaining basis for a period of at least four years; or
        (ii) which have developed a proposal to assume all of the
      freight operations and freight service obligations of the
      Corporation in such States under an agreement by and between the
      Corporation and such railroad or railroads; or
        (iii) which have, prior to May 1, 1981, submitted a proposal to
      the Secretary for such a transfer.

    For the purpose of this section, an order to transfer may include
    the Corporation if the Corporation agrees to maintain service over
    lines retained by the Corporation for four years.
      (C) To permit efficient and effective rail operations consistent
    with the public interest, as a part of any transfer under paragraph
    (2)(B) of this subsection, the Secretary shall promote the transfer
    of additional non-mainline Corporation properties in adjoining
    States that connect with properties that are the subject of such
    transfer.
      (D) The special court shall determine a fair and equitable price
    for the rail properties to be transferred under this subsection,
    and shall, unless the parties otherwise agree, establish divisions
    of joint rates for through routes over such properties which are
    fair and equitable to the parties. The special court shall
    establish a method to ensure that such divisions are promptly paid.
      (E) Notwithstanding any other provision of law or agreement in
    effect on May 1, 1981, the special court shall require that the
    railroad or railroads to which properties are to be transferred
    under this subsection assume all charges payable by the Corporation
    to Amtrak for the carriage of property by rail over those portions
    of the Northeast Corridor in Connecticut and Rhode Island. If the
    Corporation operates any rail freight service over those portions
    of the Northeast Corridor in Connecticut and Rhode Island after the
    date of such transfer, the Corporation shall pay Amtrak any
    compensation that may be separately agreed upon by the Corporation
    and Amtrak, and the railroad or railroads to which properties are
    transferred under this subsection shall not be obligated to pay any
    compensation owed by the Corporation to Amtrak for such post-
    transfer operations by the Corporation.
      (3) If the special court determines that a proposal developed
    under this subsection is fair and equitable, meets the requirements
    of this subsection, and is in the public interest, it shall issue
    such orders as may be necessary to carry out such proposal. The
    provisions of paragraphs (2)-(6) of subsection (d) of this section
    shall apply to the determination of the special court under this
    subsection, except that the standards for such determination shall
    be those set forth in this paragraph.
      (4)(A) Any employee who was protected by the compensatory
    provisions of subchapter V (!2) of this chapter immediately prior
    to August 13, 1981, and who is deprived of employment as a result
    of the transfer of rail properties under this subsection shall be
    eligible for benefits under section 797 (!2) of this title.

      (B) As used in this paragraph, "employee deprived of employment"
    means any employee who is unable to secure employment through the
    normal exercise of seniority rights, but does not include any
    employee who refuses an offer of employment with a railroad
    acquiring properties under this subsection.
    (g) Transfer of properties and freight service obligations of
      specific lines
      (1) Within 20 days after August 13, 1981, the Secretary shall
    initiate discussions and negotiations for the expedited transfer of
    all properties and freight service obligations of the Corporation
    with respect to the following lines: Canaan, Connecticut, to
    Pittsfield, Massachusetts; North Adams Junction, Massachusetts, to
    North Adams, Massachusetts; Hazardville, Connecticut, to
    Springfield, Massachusetts; Westfield, Massachusetts, to
    Easthampton, Massachusetts; Westfield, Massachusetts, to Holyoke,
    Massachusetts.
      (2) Within 120 days after August 13, 1981, the Secretary shall
    transfer, provided a qualified purchaser offers to purchase, the
    Corporation's properties and freight service obligations described
    in paragraph (1) of this subsection to another railroad or
    railroads in the Region which are determined by the Secretary to be
    qualified. A qualified purchaser is defined as a railroad
    financially self-sustaining which guarantees continuous service for
    at least four years.
      (3) The Secretary shall determine a fair and equitable price for
    the rail properties to be transferred under this subsection, and
    shall, unless the parties otherwise agree, establish divisions of
    joint rates for through routes over such properties which are fair
    and equitable to the parties.
      (4) The Secretary shall determine fair and equitable terms for
    the provision of such trackage rights, on segments of the
    Corporation's lines not to exceed 5 miles per line transferred, to
    acquiring carriers as may be necessary to operate such transferred
    lines in an efficient manner.

-SOURCE-
    (Pub. L. 93-236, title III, Sec. 305, as added Pub. L. 94-210,
    title VI, Sec. 610(b), Feb. 5, 1976, 90 Stat. 100; amended Pub. L.
    96-448, title VI, Sec. 601(a), Oct. 14, 1980, 94 Stat. 1958; Pub.
    L. 97-35, title XI, Sec. 1155, Aug. 13, 1981, 95 Stat. 677; Pub. L.
    98-620, title IV, Sec. 402(48), Nov. 8, 1984, 98 Stat. 3360; Pub.
    L. 104-317, title VI, Sec. 605(c)(2), Oct. 19, 1996, 110 Stat.
    3859.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 77 of the Bankruptcy Act, referred to in subsec. (e), was
    classified to section 205 of former Title 11, Bankruptcy. The
    Bankruptcy Act (act July 1, 1898, ch. 541, 30 Stat. 544, as
    amended) was repealed effective Oct. 1, 1979, by Pub. L. 95-598,
    Secs. 401(a), 402(a), Nov. 6, 1978, 92 Stat. 2682, section 101 of
    which enacted revised Title 11. For current provisions relating to
    railroad reorganization, see subchapter IV (Sec. 1161 et seq.) of
    chapter 11 of Title 11.
      The effective date of the Staggers Rail Act of 1980, referred to
    in subsec. (f)(1), probably means Oct. 1, 1980, the effective date
    of section 601(a) of Pub. L. 96-448, which enacted subsec. (f) of
    this section. See section 710 of Pub. L. 96-448, set out as an
    Effective Date of 1980 Amendment note under section 1170 of Title
    11.
      Subchapter V of this chapter, referred to in subsec. (f)(4)(A),
    was repealed by Pub. L. 97-35, title XI, Sec. 1144(a)(1), Aug. 13,
    1981, 95 Stat. 669.
      Section 797 of this title, referred to in subsec. (f)(4)(A), was
    repealed by Pub. L. 99-509, title IV, Sec. 4024(c), Oct. 21, 1986,
    100 Stat. 1904, effective on the sale date (Apr. 2, 1987).


-MISC1-
                                AMENDMENTS                            
      1996 - Subsec. (d)(4). Pub. L. 104-317, which directed amendment
    of par. (4) by striking out "a judge of the United States district
    court with respect to such proceedings and such powers shall
    include those of", was executed by striking out text which
    contained the words "judge of a United States" rather than "judge
    of the United States" to reflect the probable intent of Congress.
      1984 - Subsec. (d)(2). Pub. L. 98-620 substituted "After" for
    "Within 180 days after" at beginning of first and last sentences.
      1981 - Subsec. (d)(7). Pub. L. 97-35, Sec. 1155(b), struck out
    par. (7) which related to applicable requirements to supplemental
    transactions.
      Subsec. (f). Pub. L. 97-35, Sec. 1155(a), in par. (2) substituted
    provisions relating to discussions and negotiations, judicial
    procedures applicable, etc., for transfers, for provisions relating
    to establishment of a fair and equitable price for properties, and
    in par. (4) substituted provisions relating to eligibility for
    benefits of employees deprived of employment, for provisions
    relating to expedited supplemental transactions.
      Subsec. (g). Pub. L. 97-35, Sec. 1155(c), added subsec. (g).
      1980 - Subsec. (f). Pub. L. 96-448 added subsec. (f).

                     EFFECTIVE DATE OF 1996 AMENDMENT                 
      Amendment by Pub. L. 104-317 effective 90 days after Oct. 19,
    1996, and except as otherwise provided, applicable to proceedings
    that arise or continue after such effective date, see section
    605(e) of Pub. L. 104-317, set out as a note under section 719 of
    this title.

                     EFFECTIVE DATE OF 1984 AMENDMENT                 
      Amendment by Pub. L. 98-620 not applicable to cases pending on
    Nov. 8, 1984, see section 403 of Pub. L. 98-620, set out as a note
    under section 1657 of Title 28, Judiciary and Judicial Procedure.

                     EFFECTIVE DATE OF 1981 AMENDMENT                 
      Amendment by Pub. L. 97-35 effective Aug. 13, 1981, see section
    1169 of Pub. L. 97-35, set out as an Effective Date note under
    section 1101 of this title.

                     EFFECTIVE DATE OF 1980 AMENDMENT                 
      Amendment by Pub. L. 96-448 effective Oct. 1, 1980, see section
    710(a) of Pub. L. 96-448, set out as a note under section 1170 of
    Title 11, Bankruptcy.


-TRANS-
      ABOLITION OF SPECIAL COURT, REGIONAL RAIL REORGANIZATION ACT OF
                      1973, AND TRANSFER OF FUNCTIONS
      Special court abolished and all jurisdiction and functions
    transferred to United States District Court for District of
    Columbia, see section 719(b)(2) of this title.

        ABOLITION OF INTERSTATE COMMERCE COMMISSION AND TRANSFER OF
                                 FUNCTIONS
      Interstate Commerce Commission abolished and functions of
    Commission transferred, except as otherwise provided in Pub. L. 104-
    88, 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.
      See section 1341 of this title.


-MISC2-
            APPLICABILITY OF NATIONAL ENVIRONMENTAL POLICY ACT        
      Application of National Environmental Policy Act to actions of
    Commission not affected by title VI of Pub. L. 94-210, see section
    619 of Pub. L. 94-210, set out as a note under section 791 of this
    title.

           RAIL ABANDONMENT AND DISCONTINUANCE OF SERVICE REPORT       
      Section 904 of Pub. L. 94-210 directed Secretary to submit to
    Congress, within ninety days of Feb. 5, 1976, a report on
    anticipated effect of any abandonment of lines of railroad and any
    discontinuances of rail service in States outside the region as
    defined in section 702 of this title, prior to repeal by Pub. L.
    103-272, Sec. 7(b), July 5, 1994, 108 Stat. 1379.

-FOOTNOTE-
    (!1) See References in Text note below.

    (!2) See References in Text note below.


-End-



-CITE-
    45 USC Sec. 746                                             01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 16 - REGIONAL RAIL REORGANIZATION
    SUBCHAPTER III - CONSOLIDATED RAIL CORPORATION

-HEAD-
    Sec. 746. Certificates of value

-STATUTE-
    (a) General
      On the date when the Corporation is required to deposit
    securities with the special court pursuant to section 743(a)(1) of
    this title, the Association shall deposit with the special court
    the certificates of value of the Association required by this
    section. The Secretary shall guarantee the payment of all
    certificates of value delivered in accordance with this subchapter.
    All guarantees entered by the Secretary under this section shall
    constitute general obligations of the United States of America for
    the payment or redemption of which its full faith and credit are
    pledged. Such guarantees shall be valid and incontestable except as
    to mutual mistake of fact or as to fraud or material
    misrepresentation by the holder of such certificates or the
    transferor of rail properties to which certificates of value of any
    series so guaranteed are issued.
    (b) Number and distribution
      A separate series of certificates of value shall be issued to
    each railroad in reorganization in the region and each person
    leased, operated, or controlled by such a railroad that transfers
    rail properties to the Corporation or a subsidiary thereof. The
    number of certificates of value of each series to be deposited
    pursuant to subsection (a) of this section shall be equal to the
    number of shares of series B preferred stock of the Corporation
    which are required to be deposited by the Corporation with the
    special court, pursuant to section 743(a)(1) of this title in
    exchange for the rail properties transferred to the Corporation or
    a subsidiary thereof by such transferor. Certificates of value of
    the appropriate series shall be distributed by the special court,
    pursuant to section 743(c)(4) of this title, at the same time to
    the same transferors, and in the same numbers of units as shares of
    such series B preferred stock are distributed to such transferor.
    (c) Redemption
      (1) Certificates of value, of any series, shall be redeemed by
    the Association on December 31, 1987, or on such earlier date as
    the Board of Directors of the Association and the Finance Committee
    jointly may determine and specify.
      (2) Each certificate of value of each series shall be redeemable
    for an amount, payable in cash, equal to its base value on the
    redemption date, minus - 
        (A) the sum of the fair market value of the series B preferred
      stock applicable to such certificate, the fair market value of
      the common stock applicable to such certificate, and all cash
      dividends theretofore paid on any such series B preferred stock
      and on any such common stock; and
        (B) any sums paid to a transferor of rail properties to whom
      such series of certificates of value was issued resulting from
      sales or leases by the Corporation of properties transferred to
      it by such transferor divided by the number of certificates of
      value distributed to such transferor.

      (3) The number of shares of series B preferred stock and common
    stock applicable to each certificate of value of any series,
    pursuant to paragraph (2) of this subsection, shall be - 
        (A) one share of series B preferred stock (adjusted to reflect
      any stock splits, stock combinations, reclassifications or
      similar transactions affecting the number of shares of
      outstanding series B preferred stock following the date of
      distribution pursuant to section 743(c)(4) of this title); and
        (B) the number of shares of common stock determined by dividing
      the total number of shares of common stock distributed pursuant
      to section 743(c)(4) of this title to the transferor receiving
      such series of certificates of value (adjusted to reflect any
      stock splits, stock combinations, reclassifications, or similar
      transactions affecting the number of shares of outstanding common
      stock following the date of distribution pursuant to section
      743(c)(4) of this title) by the total number of certificates of
      value in the series so distributed to such transferor.

      (4) The base value of each certificate of value of any series
    shall be the value obtained by (A) taking the net liquidation
    value, as determined by the special court, to which the transferor
    to whom such series of certificates of value is issued is entitled
    by virtue of transfers of rail properties, under section 743(b)(1)
    of this title to the Corporation or a subsidiary thereof; (B)
    subtracting the value of other benefits provided under this
    chapter, as determined by the special court; (C) adding such
    amount, if any, as the special court may determine shall be
    required after taking into consideration compensable
    unconstitutional erosion, if any, in the estate of a railroad in
    reorganization, or of a railroad leased, operated, or controlled by
    such a railroad, which the special court finds to have occurred
    during any bankruptcy proceeding with respect to such railroad; (D)
    adding interest from the transfer date to the redemption date to be
    compounded annually at a rate of 8 percent per annum; and (E)
    dividing the resulting value by the number of certificates of value
    of such series distributed to such transferor. In determining such
    base value, the special court shall give due weight and
    consideration to the finding of the Association as to the net
    liquidation value to which each transferor is entitled by virtue of
    conveyances of rail properties under section 743(b)(1) of this
    title. For purposes of this paragraph, the term "rail properties"
    includes all rights with respect to employee benefit plans
    transferred and assigned to the Corporation pursuant to section
    743(b)(6) of this title. Net liquidation value with respect to such
    rights shall be determined after taking into account all
    obligations finally transferred or assigned to the Corporation
    pursuant to such section.
      (5) The fair market value of series B preferred stock and of
    common stock of the Corporation shall be determined in accordance
    with regulations prescribed by the Association, on the basis of the
    average price of each such security in the primary established
    market in which such securities are traded over a period of 120
    consecutive trading days ending not less than 20 nor more than 40
    trading days preceding the redemption date, or, in the case of a
    security for which there is not an established trading market, on
    the basis of the fair market value thereof as determined by the
    majority vote of three experts in the valuation of securities, one
    to be selected by the Association, one to be selected by the
    directors of the Corporation elected by the holders of the security
    to be valued, and one to be selected by the two first selected.
    (d) Authorization of appropriations
      There are authorized to be appropriated to the Secretary such
    sums as are necessary to discharge the obligations of the United
    States arising under this section.

-SOURCE-
    (Pub. L. 93-236, title III, Sec. 306, as added Pub. L. 94-210,
    title VI, Sec. 610(b), Feb. 5, 1976, 90 Stat. 104; amended Pub. L.
    94-248, Secs. 2, 3, Mar. 25, 1976, 90 Stat. 286.)


-MISC1-
                                AMENDMENTS                            
      1976 - Subsec. (c)(3)(A). Pub. L. 94-248, Sec. 2, substituted
    "adjusted to reflect" for "without regard to".
      Subsec. (c)(3)(B). Pub. L. 94-248, Sec. 3, inserted provisions
    relating to adjustment of number of shares of common stock to
    reflect any stock splits, stock combinations, etc.


-TRANS-
      ABOLITION OF SPECIAL COURT, REGIONAL RAIL REORGANIZATION ACT OF
                      1973, AND TRANSFER OF FUNCTIONS
      Special court abolished and all jurisdiction and functions
    transferred to United States District Court for District of
    Columbia, see section 719(b)(2) of this title.

      ABOLITION OF UNITED STATES RAILWAY ASSOCIATION AND TRANSFER OF
                         FUNCTIONS AND SECURITIES
      See section 1341 of this title.


-MISC2-
            APPLICABILITY OF NATIONAL ENVIRONMENTAL POLICY ACT        
      Application of National Environmental Policy Act to actions of
    Commission not affected by title VI of Pub. L. 94-210, see section
    619 of Pub. L. 94-210, set out as a note under section 791 of this
    title.

-End-



-CITE-
    45 USC Sec. 747                                             01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 16 - REGIONAL RAIL REORGANIZATION
    SUBCHAPTER III - CONSOLIDATED RAIL CORPORATION

-HEAD-
    Sec. 747. Protection of Federal funds

-STATUTE-
    (a) Audit
      (1) The Comptroller General of the United States is authorized to
    audit the programs, activities, and financial operations of the
    Corporation for any period during which (A) Federal funds provided
    pursuant to this chapter are being used to finance any portion of
    its operations, or (B) Federal funds have been invested therein
    pursuant to this chapter. Any such audit may be conducted under
    such rules and regulations as the Comptroller General may
    prescribe. The Comptroller General shall report to the Congress at
    such times and to such extent as he considers necessary to keep the
    Congress informed on the security of such Federal funds and
    guarantees and, to the extent appropriate, make recommendations for
    achieving greater economy, efficiency, and effectiveness in such
    programs, activities, and operations.
      (2) For the purpose of any audit conducted pursuant to subsection
    (a) of this section, the Comptroller General, or a designated
    representative of the Comptroller General, shall have access to and
    the right to examine all books, accounts, records, reports, files,
    and other papers, items, or property belonging to or in use by the
    Corporation.
    (b) Report
      The Association shall prepare and submit an annual report to
    Congress on the performance of the Corporation in order to keep the
    Congress informed as to matters which may affect the quality of
    rail services in the region and which may affect the security of
    Federal funds referred to in subsection (a) of this section. Each
    such report shall be submitted within 150 days after the end of the
    fiscal year of the Corporation. Each such report shall include an
    evaluation of - 
        (1) the degree to which the goals of section 716(a) of this
      title are being met;
        (2) the amounts and causes of deviations, if any, from the
      financial projections of the final system plan;
        (3) the amount of Federal funds made available to the
      Corporation and a clear description of the uses of such funds;
        (4) the projected financial needs of the Corporation;
        (5) the projected sources from which such financial needs are
      likely to be met; and
        (6) the ability of the Corporation to become financially self-
      sustaining without requiring Federal funds in excess of those
      authorized by section 716(f) of this title.
    (c) Monitoring of Corporation
      (1) The Association shall also report to the Congress, in
    accordance with this subsection, on the policies of the Corporation
    and the results of such policies with respect to operations, cost
    containment, and marketing.
      (2) Within 90 days after November 1, 1978, the Association shall
    (A) subdivide each such policy area into constituent parts or
    groups of parts which are specific and significant, (B) identify
    the most appropriate indicia to reflect accurately such parts or
    groups of parts, and (C)(i) determine any and all deficiencies in
    data used to compute the values of such indicia including
    consistency and clarity of definitions, timeliness of data entry,
    editing and validation of input data, and processing, and (ii)
    outline the efforts of the Association and Corporation to correct
    the deficiencies and the results of such efforts. On or before the
    end of such 90-day period, the Association shall submit to the
    Congress such methodological information and additional information
    which the Association deems necessary or appropriate to further the
    purpose of this subchapter.
      (3) Using such indicia, the Association shall report on (A) the
    relationship of each constituent part or groups of parts to the
    Corporation's revenue and capital and operating expenses, (B) the
    extent to which such parts or group of parts contributes to profits
    or losses, (C) the efforts of management to contain or reduce the
    contribution of such part or group of parts to losses, (D) the
    results of such efforts, and (E) such other information as the
    Association deems necessary or appropriate.
      (4) The Association shall (A) transmit to the Congress the first
    such monitoring report pursuant to paragraph (3) at the end of the
    first calendar quarter which begins after the end of the 90-day
    period for preparation and submission of the methodological
    information pursuant to paragraph (2), (B) report such monitoring
    information to the Congress at the end of the first quarter of each
    calendar year thereafter, (C) update methodological and monitoring
    information periodically as the Association deems necessary or
    appropriate, but in no case less frequently than once a year, and
    (D) where the results of such updating are statistically
    significant or relevant to Congressional policymaking, report them
    and the reasons for their significance at the end of the calendar
    quarter in which the updating occurred.

-SOURCE-
    (Pub. L. 93-236, title III, Sec. 307, as added Pub. L. 94-210,
    title VI, Sec. 609, Feb. 5, 1976, 90 Stat. 99; amended Pub. L. 95-
    565, Sec. 7, Nov. 1, 1978, 92 Stat. 2400.)


-MISC1-
                                AMENDMENTS                            
      1978 - Subsec. (c). Pub. L. 95-565 added subsec. (c).

     CONRAIL FUNDING STUDIES; REPORTS TO CONGRESS; RECOMMENDATIONS FOR
         FINANCIALLY SELF-SUSTAINING RAIL SYSTEM; AVAILABILITY OF
       RECOMMENDATIONS; PUBLICATION IN FEDERAL REGISTER; COMMENTS ON
       REPORTS; RECOMMENDATIONS BY SECRETARY ON FUTURE STRUCTURE AND
     OPERATIONS BY CORPORATION; IMMUNITY FROM ANTITRUST LAWS; ANALYSIS
     OF EFFECTS ON CORPORATION AND EMPLOYEES OF ALTERNATIVE CHANGES IN
     LABOR AGREEMENTS AND RELATED OPERATIONAL CHANGES; PROJECTIONS ON
            BENEFITS, CHANGES, SAVINGS, AND INCREASED REVENUES
      Pub. L. 96-448, title VII, Sec. 703(a)-(d), Oct. 14, 1980, 94
    Stat. 1962, directed the United States Railway Association and the
    Consolidated Rail Corporation, not later than Apr. 1, 1980 (which
    probably should have been Apr. 1, 1981) to each submit a report to
    Congress analyzing the impact, upon the Corporation, rail service
    in the region, railroad employees, the economy of the region, other
    rail carriers in the region and elsewhere, and the Federal budget,
    of no further Federal funding for the Corporation, continued
    Federal funding of the rail system of the Corporation as then
    structured, and future Federal funding of the Corporation to the
    extent necessary to preserve rail service in the region which could
    be self-supporting, without undue interim disruption of operations,
    required publication of these reports in the Federal Register,
    directed the Interstate Commerce Commission, not later than May 1,
    1981, to submit to Congress its comments on the report of the
    Association, the Secretary of Transportation, and the Corporation,
    directed the Secretary of Transportation, not later than Apr. 1,
    1981, to submit to Congress his recommendations with respect to the
    future structure and operations of the Corporation, and not later
    than May 1, 1981, to submit to Congress his comments and
    recommendations with respect to the reports of the Association and
    Corporation, provided that the antitrust laws as defined in section
    791(a)(3) of this title not apply to any action of the Association
    or Secretary of Transportation prior to May 1, 1981, directed the
    Corporation, not later than Mar. 15, 1981 to submit to Congress an
    analysis of the effects upon the Corporation and its employees of
    alternative changes in labor agreements and related operational
    changes, including an analysis of any Federal funding that would be
    required, and directed the Corporation, not later than Jan. 15,
    1981, to submit to the Association its projections of the benefits
    to the Corporation of the Staggers Rail Act of 1980, Pub. L. 96-
    448, Oct. 14, 1980, 94 Stat. 1895, its projections of changes
    needed in the structure of the rail system of the Corporation,
    including properties which might be abandoned or transferred, and
    other projections of potential savings or increased revenues to the
    Corporation.

                   TERMINATION OF REPORTING REQUIREMENTS               
      For termination, effective May 15, 2000, of provisions in
    subsecs. (b) and (c)(4)(B) of this section relating to the
    requirement that the Association submit annual reports to Congress,
    see section 3003 of Pub. L. 104-66, as amended, set out as a note
    under section 1113 of Title 31, Money and Finance, and the 11th and
    12th items on page 195 of House Document No. 103-7.


-TRANS-
      ABOLITION OF UNITED STATES RAILWAY ASSOCIATION AND TRANSFER OF
                         FUNCTIONS AND SECURITIES
      See section 1341 of this title.


-MISC2-
            APPLICABILITY OF NATIONAL ENVIRONMENTAL POLICY ACT        
      Application of National Environmental Policy Act to actions of
    Commission not affected by title VI of Pub. L. 94-210, see section
    619 of Pub. L. 94-210, set out as a note under section 791 of this
    title.

-End-



-CITE-
    45 USC Sec. 748                                             01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 16 - REGIONAL RAIL REORGANIZATION
    SUBCHAPTER III - CONSOLIDATED RAIL CORPORATION

-HEAD-
    Sec. 748. Abandonments

-STATUTE-
    (a) General
      The Corporation may, in accordance with this section, file with
    the Commission an application for a certificate of abandonment for
    any line which is part of the system of the Corporation. Any such
    application shall be governed by this section and shall not, except
    as specifically provided in this section, be subject to the
    provisions of chapter 109 of title 49.
    (b) Applications for abandonment
      Any application for abandonment that is filed by the Corporation
    under this section before December 1, 1981, shall be granted by the
    Commission within 90 days after the date such application is filed
    unless, within such 90-day period, an offer of financial assistance
    is made in accordance with subsection (d) of this section with
    respect to the line to be abandoned.
    (c) Notice of insufficient revenues
      (1) The Corporation may, prior to November 1, 1985, file with the
    Commission a notice of insufficient revenues for any line which is
    part of the system of the Corporation.
      (2) At any time after the 90-day period beginning with the filing
    of a notice of insufficient revenues for a line, the Corporation
    may file an application for abandonment for such line. An
    application for abandonment that is filed by the Corporation under
    this subsection for a line for which a notice of insufficient
    revenues was filed under paragraph (1) shall be granted by the
    Commission within 90 days after the date such application is filed
    unless, within such 90-day period, an offer of financial assistance
    is made in accordance with subsection (d) of this section with
    respect to such line.
    (d) Offers of financial assistance
      (1) The provisions of section 10904 of title 49 (including the
    timing requirements of subsection (d) thereof) shall apply to any
    offer of financial assistance under subsection (b) or (c) of this
    section.
      (2) The Corporation shall provide any person that intends to make
    an offer of financial assistance under subsection (b) or (c) of
    this section with such information as the Commission may require.
    (e) Liquidation
      (1) If any application for abandonment is granted under
    subsection (b) of this section, the Commission shall, as soon as
    practicable, appraise the net liquidation value of the line to be
    abandoned, and shall publish notice of such appraisal in the
    Federal Register.
      (2) Appraisals made under paragraph (1) shall not be appealable.
      (3)(A) If, within 120 days after the date on which an appraisal
    is published in the Federal Register under paragraph (1), the
    Corporation receives a bona fide offer for the sale, for 75 percent
    of the amount at which the liquidation value of such line was
    appraised by the Commission, of the line to be abandoned, the
    Corporation shall sell such line and the Commission shall, unless
    the parties otherwise agree, establish an equitable division of
    joint rates for through routes over such lines.
      (B) If the Corporation receives no bona fide offer under
    subparagraph (A), within such 120-day period, the Corporation may
    abandon or dispose of the line as it chooses, except that the
    Corporation may not dismantle bridges, or other structures (not
    including rail, signals, and other rail facilities) for 120 days
    thereafter. The Secretary may require that bridges or other
    structures (not including rail, signals, and other rail
    facilities), not be dismantled for an additional 8 months if he
    assumes all liability of any sort related to such property.
      (4) If the purchaser under paragraph (3)(A) of this subsection of
    any line of the Corporation abandons such line within five years
    after such purchase, the proceeds of any track liquidations shall
    be paid into the general fund of the Treasury of the United States.
    (f) Employee protection
      The provisions of section 10903(b)(3) (!1) of title 49 shall not
    apply to any abandonment granted under this section. Any employee
    who was protected by the compensatory provisions of subchapter V
    (!2) of this chapter immediately prior to August 13, 1981, who is
    deprived of employment by such an abandonment shall be eligible for
    employee protection under section 797 (!2) of this title.



-SOURCE-
    (Pub. L. 93-236, title III, Sec. 308, as added Pub. L. 97-35, title
    XI, Sec. 1156(a), Aug. 13, 1981, 95 Stat. 679; amended Pub. L. 98-
    181, title II, Sec. 2003(c)(2), Nov. 30, 1983, 97 Stat. 1298; Pub.
    L. 104-88, title III, Sec. 327(4), Dec. 29, 1995, 109 Stat. 952.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Subchapter V of this chapter, referred to in subsec. (f), was
    repealed by Pub. L. 97-35, title XI, Sec. 1144(a)(1), Aug. 13,
    1981, 95 Stat. 669.
      Section 797 of this title, referred to in subsec. (f), was
    repealed by Pub. L. 99-509, title IV, Sec. 4024(c), Oct. 21, 1986,
    100 Stat. 1904, effective on the sale date (Apr. 2, 1987).


-MISC1-
                                AMENDMENTS                            
      1995 - Subsec. (d)(1). Pub. L. 104-88, Sec. 327(4)(A),
    substituted "section 10904" for "section 10905(d)-(f)".
      Subsec. (f). Pub. L. 104-88, Sec. 327(4)(B), substituted "section
    10903(b)(3)" for "section 10903(b)(2)".
      1983 - Subsec. (c)(1). Pub. L. 98-181 substituted "1985" for
    "1983".

                     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                          
      Section effective Aug. 13, 1981, see section 1169 of Pub. L. 97-
    35, set out as a note under section 1101 of this title.


-TRANS-
        ABOLITION OF INTERSTATE COMMERCE COMMISSION AND TRANSFER OF
                                 FUNCTIONS
      Interstate Commerce Commission abolished and functions of
    Commission transferred, except as otherwise provided in Pub. L. 104-
    88, 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.

-FOOTNOTE-
    (!1) So in original. Section 10903(b) of Title 49, Transportation,
         does not contain a par. (3).

    (!2) See References in Text note below.


-End-


-CITE-
    45 USC SUBCHAPTER IV - TRANSFER OF FREIGHT SERVICES         01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 16 - REGIONAL RAIL REORGANIZATION
    SUBCHAPTER IV - TRANSFER OF FREIGHT SERVICES

-HEAD-
               SUBCHAPTER IV - TRANSFER OF FREIGHT SERVICES           

-End-



-CITE-
    45 USC Secs. 761 to 769c                                    01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 16 - REGIONAL RAIL REORGANIZATION
    SUBCHAPTER IV - TRANSFER OF FREIGHT SERVICES

-HEAD-
    Secs. 761 to 769c. Repealed. Pub. L. 99-509, title IV, Sec.
      4033(a)(1), Oct. 21, 1986, 100 Stat. 1908

-MISC1-
      Section 761, Pub. L. 93-236, title IV, Sec. 401, as added Pub. L.
    97-35, title XI, Sec. 1142, Aug. 13, 1981, 95 Stat. 654, related to
    sale of interest of United States in common stock of Consolidated
    Rail Corporation.
      A prior section 761, Pub. L. 93-236, title IV, Sec. 401, Jan. 2,
    1974, 87 Stat. 1010, related to Congressional findings and purpose
    in providing for a program of rail service continuation subsidies,
    prior to repeal by Pub. L. 94-210, title VIII, Sec. 806, Feb. 5,
    1976, 90 Stat. 143, eff. Apr. 1, 1978.
      Section 762, Pub. L. 93-236, title IV, Sec. 402, as added Pub. L.
    97-35, title XI, Sec. 1142, Aug. 13, 1981, 95 Stat. 655, related to
    debt and preferred stock of Consolidated Rail Corporation.
      A prior section 762, Pub. L. 93-236, title IV, Sec. 402, Jan. 2,
    1974, 87 Stat. 1010; Pub. L. 93-488, Sec. 1(d), Oct. 26, 1974, 88
    Stat. 1464; Pub. L. 94-210, title VIII, Sec. 805(a), Feb. 5, 1976,
    90 Stat. 139, directed Secretary to provide financial assistance to
    States and local or regional transportation authorities in
    facilitating and maintaining main line or local rail service, prior
    to repeal by Pub. L. 94-210, title VIII, Sec. 806, Feb. 5, 1976, 90
    Stat. 143, eff. Apr. 1, 1978.
      Section 763, Pub. L. 93-236, title IV, Sec. 403, as added Pub. L.
    97-35, title XI, Sec. 1142, Aug. 13, 1981, 95 Stat. 655, related to
    determinations about profitability of Consolidated Rail
    Corporation.
      A prior section 763, Pub. L. 93-236, title IV, Sec. 403, Jan. 2,
    1974, 87 Stat. 1012; Pub. L. 93-488, Sec. 1(e), Oct 26, 1974, 88
    Stat. 1465; Pub. L. 94-210, title VIII, Sec. 805(b), (c), Feb. 5,
    1976, 90 Stat. 142, authorized Association to provide loans for
    acquisition of rail properties by States or local or regional
    transportation authorities and for modernization of those acquired
    properties, prior to repeal by Pub. L. 94-210, title VIII, Sec.
    806, Feb. 5, 1976, 90 Stat. 143, eff. Apr. 1, 1978.
      Section 764, Pub. L. 93-236, title IV, Sec. 404, as added Pub. L.
    97-35, title XI, Sec. 1142, Aug. 13, 1981, 95 Stat. 656, related to
    failure to sell interest of United States in common stock of
    Consolidated Rail Corporation as an entity.
      Section 765, Pub. L. 93-236, title IV, Sec. 405, as added Pub. L.
    97-35, title XI, Sec. 1142, Aug. 13, 1981, 95 Stat. 657, related to
    plans to transfer Consolidated Rail Corporation's freight rail
    properties and service responsibilities.
      Section 766, Pub. L. 93-236, title IV, Sec. 406, as added Pub. L.
    97-35, title XI, Sec. 1142, Aug. 13, 1981, 95 Stat. 658, related to
    consolidation and review of freight transfer agreements.
      Section 767, Pub. L. 93-236, title IV, Sec. 407, as added Pub. L.
    97-35, title XI, Sec. 1142, Aug. 13, 1981, 95 Stat. 658, related to
    public comment and Congressional notification regarding freight
    transfer agreements.
      Section 768, Pub. L. 93-236, title IV, Sec. 408, as added Pub. L.
    97-35, title XI, Sec. 1142, Aug. 13, 1981, 95 Stat. 659, related to
    performance under freight transfer agreements.
      Section 769, Pub. L. 93-236, title IV, Sec. 409, as added Pub. L.
    97-35, title XI, Sec. 1142, Aug. 13, 1981, 95 Stat. 659, provided
    that conveyance of interest in rail properties under freight
    transfer agreement is deemed to be an assignment.
      Section 769a, Pub. L. 93-236, title IV, Sec. 410, as added Pub.
    L. 97-35, title XI, Sec. 1142, Aug. 13, 1981, 95 Stat. 660, related
    to identification and sale of unprofitable subsidiaries of
    Consolidated Rail Corporation.
      Section 769b, Pub. L. 93-236, title IV, Sec. 411, as added Pub.
    L. 97-35, title XI, Sec. 1146(a), Aug. 13, 1981, 95 Stat. 672,
    related to labor transfer agreements.
      Section 769c, Pub. L. 93-236, title IV, Sec. 412, as added Pub.
    L. 97-35, title XI, Sec. 1146(a), Aug. 13, 1981, 95 Stat. 673,
    related to labor protection benefits.

-End-


-CITE-
    45 USC SUBCHAPTER V - EMPLOYEE PROTECTION                   01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 16 - REGIONAL RAIL REORGANIZATION
    SUBCHAPTER V - EMPLOYEE PROTECTION

-HEAD-
                    SUBCHAPTER V - EMPLOYEE PROTECTION                

-End-



-CITE-
    45 USC Secs. 771 to 780                                     01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 16 - REGIONAL RAIL REORGANIZATION
    SUBCHAPTER V - EMPLOYEE PROTECTION

-HEAD-
    Secs. 771 to 780. Repealed. Pub. L. 97-35, title XI, Sec.
      1144(a)(1), Aug. 13, 1981, 95 Stat. 669

-MISC1-
      Section 771, Pub. L. 93-236, title V, Sec. 501, Jan. 2, 1974, 87
    Stat. 1012; Pub. L. 94-210, title VI, Secs. 607(i), 613, Feb. 5,
    1976, 90 Stat. 97, 112; Pub. L. 94-248, Sec. 5, Mar. 25, 1976, 90
    Stat. 286; Pub. L. 94-555, title II, Sec. 207(a), Oct. 19, 1976, 90
    Stat. 2621; Pub. L. 96-448, title V, Sec. 508(d), Oct. 14, 1980, 94
    Stat. 1957, set forth provisions defining terms applicable to
    employee protection rights.
      Section 772, Pub. L. 93-236, title V, Sec. 502, Jan. 2, 1974, 87
    Stat. 1013; Pub. L. 94-210, title VI, Sec. 614, Feb. 5, 1976, 90
    Stat. 112, set forth provisions respecting employment offers.
      Section 773, Pub. L. 93-236, title V, Sec. 503, Jan. 2, 1974, 87
    Stat. 1014, related to assignment of work.
      Section 774, Pub. L. 93-236, title V, Sec. 504, Jan. 2, 1974, 87
    Stat. 1014; Pub. L. 94-210, title VI, Sec. 615, Feb. 5, 1976, 90
    Stat. 113; Pub. L. 94-555, title II, Secs. 207(b), 208, Oct. 19,
    1976, 90 Stat. 2622; Pub. L. 96-448, title V, Sec. 506, Oct. 14,
    1980, 94 Stat. 1956, set forth provisions respecting collective
    bargaining agreements.
      Section 775, Pub. L. 93-236, title V, Sec. 505, Jan. 2, 1974, 87
    Stat. 1015; Pub. L. 94-210, title VI, Sec. 616(a)-(g), Feb. 5,
    1976, 90 Stat. 115, 116; Pub. L. 94-555, title II, Secs. 209, 210,
    Oct. 19, 1976, 90 Stat. 2623; Pub. L. 96-448, title V, Secs. 501-
    503, Oct. 14, 1980, 94 Stat. 1948-1954, set forth provisions
    relating to employee protection programs.
      Section 776, Pub. L. 93-236, title V, Sec. 506, Jan. 2, 1974, 87
    Stat. 1019, related to contracting out of work.
      Section 777, Pub. L. 93-236, title V, Sec. 507, Jan. 2, 1974, 87
    Stat. 1020; Pub. L. 96-448, title V, Sec. 508(e), Oct. 14, 1980, 94
    Stat. 1957, related to arbitration of disputes or controversies.
      Section 778, Pub. L. 93-236, title V, Sec. 508, Jan. 2, 1974, 87
    Stat. 1020; Pub. L. 94-210, title VI, Sec. 617, Feb. 5, 1976, 90
    Stat. 117, related to duties of acquiring and selling railroads.
      Section 779, Pub. L. 93-236, title V, Sec. 509, Jan. 2, 1974, 87
    Stat. 1020; Pub. L. 94-210, title VI, Sec. 616(h), Feb. 5, 1976, 90
    Stat. 116; Pub. L. 94-555, title II, Sec. 207(c), Oct. 19, 1976, 90
    Stat. 2622; Pub. L. 96-448, title V, Sec. 504, Oct. 14, 1980, 94
    Stat. 1955, set forth provisions respecting benefit payments.
      Section 780, Pub. L. 93-236, title V, Sec. 510, as added Pub. L.
    96-448, title V, Sec. 505, Oct. 14, 1980, 94 Stat. 1956, related to
    railroad hiring.

     EFFECTIVE DATE OF REPEAL; CONTINUATION OF BENEFITS AFTER REPEAL;
     LAW GOVERNING DISPUTES; PREREQUISITES TO DISBURSEMENT OF BENEFITS
      Pub. L. 97-35, title XI, Sec. 1144(a)(2)-(4), Aug. 13, 1981, 95
    Stat. 669, provided that:
      "(2) Notwithstanding the repeal made by paragraph (1) of this
    subsection [repealing this subchapter] - 
        "(A) benefits accrued as of the effective date of this
      subsection as a result of events that occurred wholly prior to
      October 1, 1981, shall be disbursed except as provided in
      paragraph (3); and
        "(B) any dispute or controversy regarding such benefits shall
      be determined under the terms of the law in effect on the date
      the claim arose.
      "(3) Benefits shall not be disbursed under paragraph (2)(A)
    unless the employee has filed a claim for such benefits within 90
    days after the date of repeal; except that, with respect to a claim
    which is the subject of or is based upon any arbitration decision
    issued after the date of repeal, such 90-day period shall not
    commence until such arbitration decision is issued to the employee
    and the employee's representative; and no benefits shall be
    disbursed unless appropriations for such purposes are or become
    available.
      "(4) The provisions of this subsection shall take effect on the
    first day of the first month beginning after the date of enactment
    of this subtitle [Aug. 13, 1981]."

    EMPLOYEE PROTECTION PAYMENTS UNDER FORMER PROVISIONS; REIMBURSEMENT
      Pub. L. 96-448, title V, Sec. 507, Oct. 14, 1980, 94 Stat. 1956,
    provided that notwithstanding any other provision of law, the
    Consolidated Rail Corporation and other employers with employees
    protected under this subchapter, until the effective date of Pub.
    L. 96-448 [probably means Oct. 1, 1980, see section 710 of Pub. L.
    96-448, set out as a note under section 1170 of Title 11,
    Bankruptcy], continue to make payments for employee protection
    under such Act, [probably means this subchapter] in accordance with
    the provisions of such Act [probably means this subchapter], which
    were in effect on Jan. 1, 1979, and that notwithstanding any other
    provision of law, such Corporation and employers be reimbursed for
    such payments in accordance with former section 779(a) of this
    title.

                        CONRAIL EMPLOYEE PROTECTION                    
      Pub. L. 96-254, title II, Sec. 214, May 30, 1980, 94 Stat. 417,
    provided that the Consolidated Railroad Corporation make payments
    in accordance with this subchapter, and the United States Railway
    Association not, as a result of such payments, withhold any funds
    from the Corporation, and that this provision take effect as of
    Mar. 1, 1980, and remain in effect until the expiration of the 45-
    day period beginning on May 30, 1980, and after the expiration of
    such 45-day period, payments by the Consolidated Rail Corporation
    under this subchapter and funding of the Corporation by the United
    States Railway Association be governed by applicable law.

-End-


-CITE-
    45 USC SUBCHAPTER VI - MISCELLANEOUS PROVISIONS             01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 16 - REGIONAL RAIL REORGANIZATION
    SUBCHAPTER VI - MISCELLANEOUS PROVISIONS

-HEAD-
                 SUBCHAPTER VI - MISCELLANEOUS PROVISIONS             

-End-



-CITE-
    45 USC Sec. 791                                             01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 16 - REGIONAL RAIL REORGANIZATION
    SUBCHAPTER VI - MISCELLANEOUS PROVISIONS

-HEAD-
    Sec. 791. Relationship to other laws

-STATUTE-
    (a) Antitrust
      (1) Except as specifically provided in paragraph (2) of this
    subsection, no provision of this chapter shall be deemed to convey
    to any railroad or employee or director thereof any immunity from
    civil or criminal liability, or to create defenses to actions,
    under the antitrust laws.
      (2) The antitrust laws are inapplicable with respect to any
    action taken to formulate or implement the final system plan where
    such action was in compliance with the requirements of such plan
    and with respect to any action taken to formulate or implement any
    supplemental transaction.
      (3) As used in this subsection, "antitrust laws" includes the Act
    of July 2, 1890 (ch. 647, 26 Stat. 209), as amended; the Act of
    October 15, 1914 (ch. 323, 38 Stat. 730), as amended; the Federal
    Trade Commission Act (38 Stat. 717), as amended [15 U.S.C. 41 et
    seq.], sections 73 and 74 of the Act of August 27, 1894 (28 Stat.
    570), as amended [15 U.S.C. 8, 9]; the Act of June 19, 1936 (ch.
    592, 49 Stat. 1526), as amended; and the antitrust laws of any
    State or subdivision thereof.
    (b) Commerce, securities, and bankruptcy
      (1) The provisions of subtitle IV of title 49 and the Bankruptcy
    Act, are inapplicable (A) to actions taken under this chapter to
    formulate and implement the final system plan where such action was
    in compliance with the requirements of such plan, and (B) to
    actions taken under this chapter to formulate or implement any
    supplemental transaction.
      (2) All securities of the Corporation which are issued to the
    Association as the initial holder, or which are issued in
    connection with the transfer to the Corporation or a subsidiary
    thereof of rail properties under this chapter, shall be deemed for
    all purposes to have been issued subject to and authorized pursuant
    to section 11301 (!1) of title 49.

      (3) The provisions of section 77e of title 15, shall not apply to
    transactions involving the issuance of any security of the
    Corporation to the Association, transactions involving the issuance
    of any security of the Corporation that is deposited with the
    special court pursuant to section 743(a) of this title, or
    transactions involving the issuance or distribution of any security
    of the Corporation, where the terms and conditions of such issuance
    or distribution are approved by the special court pursuant to
    section 743(c) of this title.
      (4) The powers and duties of the Commission under section 77 of
    the Bankruptcy Act, with respect to a railroad in reorganization in
    the region which conveys all or substantially all of its designated
    rail properties to the Corporation or a subsidiary thereof, or to
    profitable railroads in the region, pursuant to the final system
    plan, and the requirement that plans of reorganization be filed
    with the Commission, shall cease upon the date of such conveyance.
    The powers and duties of the Commission under section 77 of the
    Bankruptcy Act shall also so terminate, as of February 5, 1976,
    with respect to any railroad in reorganization under such section
    77 but not subject to this chapter which (1) does not operate any
    line of railroad, and (2) has transferred all or substantially all
    of its rail properties to a railroad in reorganization in the
    region which was subject to this chapter prior to February 5, 1976.
    Thereafter, such powers and duties of the Commission shall be
    vested in the district court of the United States which has
    jurisdiction of the estate of any such railroad in reorganization
    at the time of such conveyance. Such court shall proceed to
    reorganize or liquidate such railroad in reorganization pursuant to
    such section 77 on such terms as the court deems just and
    reasonable, or pursuant to any other provisions of the Bankruptcy
    Act, if the court finds that such action would be in the best
    interests of such estate. This paragraph does not affect any
    obligation of any carrier by railroad subject to regulation under
    subtitle IV of title 49. The powers and duties of the Commission
    under section 77 of the Bankruptcy Act shall continue in effect
    only to the extent that the railroad in reorganization continues to
    operate any line of railroad.
    (c) Environment
      The provisions of section 4332(2)(C) of title 42 shall not apply
    with respect to any action taken under authority of this chapter
    before, and including, the conveyance of rail properties ordered by
    the special court under section 743 (b)(1) of this title, and shall
    not apply thereafter to any action taken in compliance with the
    requirements of the final system plan.
    (d) Northeast Corridor
      (1) Rail properties designated in accordance with section
    716(c)(1)(C) of this title shall be purchased or leased by the
    National Railroad Passenger Corporation. The Corporation shall
    negotiate an appropriate sale or lease agreement with the National
    Railroad Passenger Corporation for the properties designated for
    transfer pursuant to section 716(c)(1)(C) of this title, which
    shall take effect on the date of conveyance of such properties to
    the Corporation.
      (2) Properties acquired by purchase, lease, or otherwise pursuant
    to this subsection shall be improved in order to meet the goal set
    forth in section 716(a)(3) of this title, relating to improved
    highspeed passenger service, by the earliest practicable date after
    January 2, 1974.
      (3) The Secretary shall begin the necessary engineering studies
    and improvements on January 2, 1974.
      (4) The final system plan shall provide for any necessary
    coordination with freight or commuter services of use of the
    facilities designated in section 716(c)(1)(C) of this title. Such
    coordination may be effectuated through a single operating entity,
    designated in the final system plan, or as mutually agreed upon by
    the interested parties.
      (5) Construction or improvements made pursuant to this subsection
    may be made in consultation with the Corps of Engineers.

-SOURCE-
    (Pub. L. 93-236, title VI, Sec. 601(a)-(d), Jan. 2, 1974, 87 Stat.
    1021; Pub. L. 94-210, title VI, Sec. 618, title VII, Sec. 706(b),
    formerly Sec. 705(b), Feb. 5, 1976, 90 Stat. 117, 123, renumbered
    Pub. L. 96-254, title II, Sec. 206(a), May 30, 1980, 94 Stat. 412.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of July 2, 1890 (ch. 647, 26 Stat. 209), as amended, referred
    to in subsec. (a)(3), is known as the Sherman Act, which is
    classified to sections 1 to 7 of Title 15, Commerce and Trade. For
    complete classification of this Act to the Code, see Short Title
    note set out under section 1 of Title 15 and Tables.
      Act of October 15, 1914 (ch. 323, 38 Stat. 730), as amended,
    referred to in subsec. (a)(3), is known as the Clayton Act, which
    is classified to sections 12, 13, 14 to 19, 21, and 22 to 27 of
    Title 15, and sections 52 and 53 of Title 29, Labor. For further
    details and complete classification of this Act to the Code, see
    References in Text note set out under section 12 of Title 15 and
    Tables.
      The Federal Trade Commission Act (38 Stat. 717), as amended,
    referred to in subsec. (a)(3), is act Sept. 26, 1914, ch. 311, 38
    Stat. 717, as amended, which is classified generally to subchapter
    I (Sec. 41 et seq.) of chapter 2 of Title 15. For complete
    classification of this Act to the Code, see section 58 of Title 15
    and Tables.
      Sections 73 and 74 of the Act of August 27, 1894, referred to in
    subsec. (a)(3), are sections 73 and 74 of act Aug. 27, 1894, ch.
    349, 28 Stat. 570. Sections 73 to 77 of this Act are known as the
    Wilson Tariff Act. Sections 73 to 76 enacted sections 8 to 11 of
    Title 15. Section 77 was not classified to the Code. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 8 of Title 15 and Tables.
      Act of June 19, 1936 (ch. 592, 49 Stat. 1526), as amended,
    referred to in subsec. (a)(3), is popularly known as the Robinson-
    Patman Antidiscrimination Act and also as the Robinson-Patman
    Price Discrimination Act, which enacted sections 13a, 13b, and 21a
    of Title 15, Commerce and Trade, and amended section 13 of Title
    15. For complete classification of this Act to the Code, see
    Tables.
      The Bankruptcy Act, referred to in subsec. (b)(1), (4), is act
    July 1, 1898, ch. 541, 30 Stat. 544, as amended, which was
    classified generally to former Title 11, Bankruptcy. Section 77 of
    this Act was classified to section 205 of former Title 11. The Act
    was repealed effective Oct. 1, 1979, by Pub. L. 95-598, Secs.
    401(a), 402(a), Nov. 6, 1978, 92 Stat. 2682, section 101 of which
    enacted revised Title 11. For current provisions relating to
    railroad reorganization, see subchapter IV (Sec. 1161 et seq.) of
    chapter 11 of Title 11.
      Section 11301 of title 49, referred to in subsec. (b)(2), was
    omitted and a new section 11301 enacted in the general amendment of
    subtitle IV of Title 49, Transportation, by Pub. L. 104-88, title
    I, Sec. 102(a), Dec. 29, 1995, 109 Stat. 804, 837. The new section
    11301 does not relate to issuance of securities. Previously, in
    subsec. (b)(2), "section 11301 of title 49" was substituted for
    "section 20a of the Interstate Commerce Act (49 U.S.C. 20a)" on
    authority of Pub. L. 95-473, Sec. 3(b), Oct. 17, 1978, 92 Stat.
    1466, the first section of which enacted subtitle IV (Sec. 10101 et
    seq.) of Title 49.

-COD-
                               CODIFICATION                           
      In subsec. (b)(1), (4), "subtitle IV of title 49" substituted for
    "the Interstate Commerce Act (49 U.S.C. 1 et seq.)" on authority of
    Pub. L. 95-473, Sec. 3(b), Oct. 17, 1978, 92 Stat. 1466, the first
    section of which enacted subtitle IV (Sec. 10101 et seq.) of Title
    49, Transportation.
      A subsec. (e) of section 601 of Pub. L. 93-236, which was
    designated in the original as "Emergency Service", amended section
    1(16) of former Title 49, Transportation.


-MISC1-
                                AMENDMENTS                            
      1976 - Subsec. (a)(2). Pub. L. 94-210, Sec. 618(a), inserted
    provision relating to any action to formulate or implement any
    supplemental transaction.
      Subsec. (b). Pub. L. 94-210, Sec. 618(b), redesignated existing
    provisions as par. (1), substituted provisions relating to
    inapplicability to actions under this chapter to formulate and
    implement the final system plan and any supplemental transaction,
    for provisions relating to inapplicability to transactions under
    this chapter to the extent necessary to formulate and implement the
    final system plan whenever a provision of the Interstate Commerce
    or Bankruptcy Act is inconsistent with this chapter, and added
    pars. (2) to (4).
      Subsec. (c). Pub. L. 94-210, Sec. 618(c), substituted provisions
    relating to inapplicability to action taken before, and including,
    the conveyance of rail properties under section 743(b)(1) of this
    title, and action taken thereafter in compliance with the
    requirements of the final system plan, for provisions relating to
    inapplicability to action taken before the effective date of the
    final system plan.
      Subsec. (d)(1). Pub. L. 94-210, Sec. 705(b), substituted
    mandatory for discretionary authority for purchase of properties by
    the Corporation and provisions relating to negotiations for
    properties for transfer pursuant to section 716(c)(1)(C) of this
    title, for provisions relating to negotiations as provided in the
    final system plan.


-TRANS-
      ABOLITION OF SPECIAL COURT, REGIONAL RAIL REORGANIZATION ACT OF
                      1973, AND TRANSFER OF FUNCTIONS
      Special court abolished and all jurisdiction and functions
    transferred to United States District Court for District of
    Columbia, see section 719(b)(2) of this title.

        ABOLITION OF INTERSTATE COMMERCE COMMISSION AND TRANSFER OF
                                 FUNCTIONS
      Interstate Commerce Commission abolished and functions of
    Commission transferred, except as otherwise provided in Pub. L. 104-
    88, 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.


-MISC2-
            APPLICABILITY OF NATIONAL ENVIRONMENTAL POLICY ACT        
      Section 619 of title VI of Pub. L. 94-210 provided that: "Nothing
    in this title [enacting sections 726 and 745 to 747 of this title
    and amending sections 702, 711 to 713, 716, 718 to 721, 724, 725,
    741, 743, 744, 771, 772, 774, 775, 778, 779, and 791 of this title,
    and section 856 of former Title 31, Money and Finance] shall affect
    the application of the National Environmental Policy Act of 1969
    (42 U.S.C. 4321 et seq.) to actions of the Commission."

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    45 USC Sec. 792                                             01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 16 - REGIONAL RAIL REORGANIZATION
    SUBCHAPTER VI - MISCELLANEOUS PROVISIONS

-HEAD-
    Sec. 792. Repealed. Pub. L. 97-375, title I, Sec. 111(b), Dec. 21,
      1982, 96 Stat. 1821

-MISC1-
      Section, Pub. L. 93-236, title VI, Sec. 602, Jan. 2, 1974, 87
    Stat. 1022, provided that as part of his annual report, the
    Secretary transmit to Congress a comprehensive report on the
    effectiveness of the Association and the Corporation in
    implementing the purposes of this chapter, together with any
    recommendations for additional legislative or other action.
      Subsequent to repeal by Pub. L. 97-375, section was repealed and
    the provisions thereof were reenacted as the last sentence of
    section 308(a) of Title 49, Transportation, by Pub. L. 97-449,
    Secs. 1(b), 7(b), Jan. 12, 1983, 96 Stat. 2413, 2443. Section 6(a)
    of Pub. L. 97-449 provided that: "Sections 1-5 of this act restate,
    without substantive change, laws enacted before November 15, 1982,
    that were replaced by those sections. * * * Laws enacted after
    November 14, 1982, that are inconsistent with this Act supersede
    this Act to the extent of the inconsistency." Accordingly, the last
    sentence of section 308(a) of Title 49 was superseded by the repeal
    made by section 111(b) of Pub. L. 97-375, and was specifically
    repealed by Pub. L. 98-216, Sec. 2(1)(A)(ii), Feb. 14, 1984, 98
    Stat. 4.
      Pub. L. 97-375, title I, Sec. 111(b), Dec. 21, 1982, 96 Stat.
    1821, which repealed this section, was itself repealed by Pub. L.
    98-216, Sec. 6(b), Feb. 14, 1984, 98 Stat. 8.

-End-



-CITE-
    45 USC Sec. 793                                             01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 16 - REGIONAL RAIL REORGANIZATION
    SUBCHAPTER VI - MISCELLANEOUS PROVISIONS

-HEAD-
    Sec. 793. Repealed. Pub. L. 95-473, Sec. 4(b), Oct. 17, 1978, 92
      Stat. 1466; Pub. L. 97-449, Sec. 4(b)(2), Jan. 12, 1983, 96 Stat.
      2441, eff. Oct. 17, 1978

-MISC1-
      Section, Pub. L. 93-236, title VI, Sec. 603, Jan. 2, 1974, 87
    Stat. 1023, related to freight rates for recyclables.

    INVESTIGATION OF DISCRIMINATORY FREIGHT RATES FOR TRANSPORTATION OF
                     RECYCLABLE OR RECYCLED MATERIALS
      Pub. L. 94-210, title II, Sec. 204, Feb. 5, 1976, 90 Stat. 40,
    which provided for an investigation by the Interstate Commerce
    Commission of discriminatory freight rates for transportation of
    recyclable or recycled materials, was repealed by Pub. L. 95-473,
    Sec. 4(b), Oct. 17, 1978, 92 Stat. 1466.

-End-



-CITE-
    45 USC Sec. 794                                             01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 16 - REGIONAL RAIL REORGANIZATION
    SUBCHAPTER VI - MISCELLANEOUS PROVISIONS

-HEAD-
    Sec. 794. Tax payments to States

-STATUTE-
      (a) Notwithstanding any other provision of law, no railroad in
    reorganization shall withhold from any State, or any political
    subdivision thereof, the payment of the portion of any tax owed by
    such railroad to such State or subdivision, which portion has been
    collected by such railroad from any tenant thereof.
      (b) Any railroad which violates the provisions of subsection (a)
    of this section by withholding any portion of a tax referred to in
    such subsection shall be fined not more than $10,000 for each such
    violation.

-SOURCE-
    (Pub. L. 93-236, title VI, Sec. 605, as added Pub. L. 94-5, Sec. 9,
    Feb. 28, 1975, 89 Stat. 9.)

-End-


-CITE-
    45 USC SUBCHAPTER VII - PROTECTION OF EMPLOYEES             01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 16 - REGIONAL RAIL REORGANIZATION
    SUBCHAPTER VII - PROTECTION OF EMPLOYEES

-HEAD-
                 SUBCHAPTER VII - PROTECTION OF EMPLOYEES             

-End-



-CITE-
    45 USC Sec. 797                                             01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 16 - REGIONAL RAIL REORGANIZATION
    SUBCHAPTER VII - PROTECTION OF EMPLOYEES

-HEAD-
    Sec. 797. Repealed. Pub. L. 99-509, title IV, Sec. 4024(c), Oct.
      21, 1986, 100 Stat. 1904

-MISC1-
      Section, Pub. L. 93-236, title VII, Sec. 701, as added Pub. L. 97-
    35, title XI, Sec. 1143(a), Aug. 13, 1981, 95 Stat. 661; Pub. L.
    99-509, title IV, Sec. 4024(a), (b), Oct. 21, 1986, 100 Stat. 1903,
    related to employee protection agreement.

    REPEAL OF SECTION; CONTINUING RESPONSIBILITIES OF CONSOLIDATED RAIL
                        CORPORATION AFTER SALE DATE
      Section 4024(c)-(f) of Pub. L. 99-509, as amended by Pub. L. 99-
    514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095, provided that:
      "(c) Repeal of Section 701. - Section 701 of the Regional Rail
    Reorganization Act of 1973 [45 U.S.C. 797] is repealed effective on
    the sale date [Apr. 2, 1987, see 45 U.S.C. 702(17A)].
    Notwithstanding this repeal - 
        "(1) any dispute or controversy regarding benefits under
      section 701 shall be determined under the terms of the law in
      effect prior to such repeal; and
        "(2) the Railroad Retirement Board shall take such actions as
      may be necessary to complete administration and closeout of the
      section 701 program and the Board is authorized to receive and
      apply Corporation funds for this purpose.
      "(d) Continuing Responsibilities. - (1) On and after the sale
    date, the Corporation shall provide the protection for its
    employees described in 'Part III, Article III, Employee
    Protection', of the 'Definitive Agreement of September 17, 1985, By
    and Between Conrail and the Undersigned Representatives of
    Conrail's Agreement Employees' and Appendix 3 thereto, together
    with any amendments thereto, or under any other terms and
    conditions as shall be agreed between the Corporation and the
    representatives of its employees.
      "(2) The Corporation shall pay, as designated by the Railroad
    Retirement Board, any remaining benefits under section 701 of the
    Regional Rail Reorganization Act of 1973 [45 U.S.C. 797] that
    accrued, but were not disbursed, prior to the sale date.
      "(3) The Railroad Retirement Board shall transfer to the
    Corporation such information regarding administration of the labor
    protection program under such section 701 as may be reasonably
    necessary for the Corporation to discharge its responsibilities
    under this subsection, including copies of the individual claim
    records of employees of the Corporation.
      "(4) The United States shall have no liability for benefits under
    this subsection.
      "(e) Compensation for Wages Below Industry Standard. - The
    Corporation shall pay $200,000,000 to present and former employees
    subject to collective bargaining agreements, in accordance with the
    terms and conditions in the Definitive Agreement referred to in
    subsection (d)(1), or as otherwise agreed between the parties.
      "(f) ESOP Transactions. - (1) As soon as practicable after the
    date of the enactment of this Act [Oct. 21, 1986], the employee
    stock ownership plan of the Corporation (hereafter in this
    subsection referred to as the 'ESOP') shall be amended to provide
    that - 
        "(A) the shares of the ConRail Equity Corporation preferred
      stock held by the ESOP shall be surrendered by the ESOP in
      exchange for an equal number of shares of the common stock of the
      Corporation, and such common stock of the Corporation shall be
      allocated by the ESOP to the same persons in the same amounts as
      the shares of ConRail Equity Corporation preferred stock had been
      allocated; and
        "(B) the remaining shares of the ConRail Equity Corporation
      preferred stock held by the Corporation shall be cancelled, and
      an equal number of shares of the common stock of the Corporation
      shall be contributed by the Corporation to the ESOP, which shares
      shall be allocated by the ESOP to persons who are or were ESOP
      participants in accordance with the formula set forth in section
      2 of Article II of Part III of the Definitive Agreement referred
      to in subsection (d)(1), and in accordance with a comparable
      formula for present and former employees of the Corporation not
      covered by such section of the Definitive Agreement, except that
      no contribution by the Corporation to the ESOP shall be made
      which would affect the tax-qualified status of the ESOP, or of
      any of the employee benefit plans maintained by the Corporation
      or any affiliate of the Corporation, under the Internal Revenue
      Code of 1986 [26 U.S.C. 1 et seq.].
      "(2)(A)(i) As soon as practicable after the expiration of 180
    days after 100 percent of the United States shares are sold, the
    ESOP shall distribute all of the stock in the accounts of its
    participants and beneficiaries, except as provided in clause (ii).
      "(ii) Fractional shares shall not be distributed under clause
    (i). Shares equal to the aggregate amount of fractional shares
    shall be surrendered by the ESOP and redeemed by the Corporation
    for cash at the average closing price for the common stock of the
    Corporation on a national securities exchange for the 10 business
    days immediately preceding the date of distribution under clause
    (i), or, if the common stock of the Corporation is not listed on a
    national securities exchange, at the average closing price for such
    stock for such 10 business days as appearing in any regularly
    published reporting or quotation service, and the proceeds of such
    redemption shall be distributed by the ESOP to the same
    participants and beneficiaries and in the same amounts as the
    fractional shares had been allocated.
      "(B) After completing the distribution under subparagraph (A),
    the ESOP shall terminate.
      "(3) The Corporation shall distribute any full shares of its
    common stock which, because of the exception under paragraph
    (1)(B), could not be contributed to the ESOP to those persons to
    whom the ESOP would have allocated such shares pursuant to
    paragraph (1)(B) had such shares been contributed to the ESOP. The
    Corporation shall pay cash pursuant to the formula set forth in
    paragraph (2)(A)(ii) in lieu of fractional shares.
      "(4) For purposes of Rule 144 promulgated under the Securities
    Act of 1933 [15 U.S.C. 77a et seq.], each share of the common stock
    of the Corporation distributed under this subsection shall be
    deemed to have been beneficially owned by the recipient, as of the
    date of such distribution, for a period of 3 years."

-End-



-CITE-
    45 USC Sec. 797a                                            01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 16 - REGIONAL RAIL REORGANIZATION
    SUBCHAPTER VII - PROTECTION OF EMPLOYEES

-HEAD-
    Sec. 797a. Termination allowance

-STATUTE-
    (a) General
      The Corporation may terminate the employment of certain
    employees, in accordance with this section, upon the payment of an
    allowance of $350 for each month of active service with the
    Corporation or with a railroad in reorganization, but in no event
    may any such termination allowance exceed $25,000.
    (b) Employment needs
      Within 90 days after August 13, 1981, the Corporation shall
    determine, for each location, the number of employees that the
    Corporation intends to separate under subsection (a) of this
    section.
    (c) Notification and separation procedure
      (1) Within 90 days after August 13, 1981, the Corporation shall
    notify its employees of their rights and responsibilities under
    this section.
      (2) Within 90 days after August 13, 1981, the Corporation shall
    notify each train and engine service employee eligible to be
    separated under paragraph (3) that such employee may be entitled to
    receive a separation payment under this section if such employee
    files a written request to be separated. Such notice may be revised
    from time to time.
      (3) If the number of employees who request to be separated
    pursuant to paragraph (2) of this subsection is greater, in engine
    service at any location, than the number of excess firemen at the
    location, and in train service at the location than the number of
    excess second and third brakemen, as determined by the Corporation,
    the Corporation shall separate the employees described in paragraph
    (2) of this subsection in order of seniority beginning with the
    most senior employee, until the excess firemen and second and third
    brakemen positions at that location, as determined by the
    Corporation, have been eliminated.
    (d) Designated separations
      If the number of employees who are separated pursuant to
    subsection (c)(3) of this section is less at any location than the
    number of excess firemen in freight and commuter service and second
    and third brakemen in freight service at such location, as
    determined by the Corporation, the Corporation may, after 210 days
    after August 13, 1981, designate for separation employees in engine
    service or train service respectively in inverse order of
    seniority, beginning with the most junior employee in active
    service at such location until the excess firemen in freight and
    commuter service and second and third brakemen in freight service,
    at that location have been eliminated. An employee designated under
    this subsection may choose (1) to furlough himself voluntarily, in
    which case the next most junior employee protected under the
    fireman manning or crew consist agreements or any other agreement
    or law, in the same craft or class at such location may be
    separated instead and receive the separation allowance, or (2) to
    exercise his seniority to another location, in which case the
    Corporation may separate, under the provisions of this subsection,
    the next most junior protected employee in active service at the
    location to which seniority ultimately is exercised.
    (e) Effect on positions
      (1) The Corporation shall refrain from filling one fireman
    position in freight service, or in commuter service where
    applicable, for each employee in engine service separated in
    accordance with this section.
      (2) The Corporation may refrain from filling one brakeman
    position in excess of one conductor and one brakeman on one crew in
    freight service for each employee in train service who is separated
    in accordance with this section.
      (3) Positions permitted to be not filled under this subsection
    shall be not filled in different types of freight service actually
    operated at or from the location in a sequence to be agreed upon
    between the Corporation and the general chairman representative of
    classes or crafts of employees having jurisdiction over the
    positions to be not filled. If no such agreement is reached, the
    Corporation may designate the position to be not filled.
      (4) Notwithstanding paragraphs (1) and (2) of this subsection,
    the Corporation shall retain all rights it has under any provision
    of law or agreement to refrain from filling any position of
    employment.
    (f) Procedures
      The Corporation and representatives of the various classes and
    crafts of employees to be separated may agree on procedures to
    implement this section, but the absence of such agreement shall not
    interfere with implementation of the separations authorized by this
    section.
    (g) Commuter employees
      The provisions of this section shall apply to the separation of
    firemen in commuter service, except that with respect to such
    employees the Corporation is required to make the separations
    authorized by this section.

-SOURCE-
    (Pub. L. 93-236, title VII, Sec. 702, as added Pub. L. 97-35, title
    XI, Sec. 1143(a), Aug. 13, 1981, 95 Stat. 662.)

-End-



-CITE-
    45 USC Sec. 797b                                            01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 16 - REGIONAL RAIL REORGANIZATION
    SUBCHAPTER VII - PROTECTION OF EMPLOYEES

-HEAD-
    Sec. 797b. Preferential hiring

-STATUTE-
    (a) General
      Any employee who is deprived of employment shall have the first
    right of hire by any other railroad for a vacancy for which he is
    qualified in a class or craft (or in the case of a non-agreement
    employee, for a non-agreement vacancy) in which such employee was
    employed by the Corporation or a predecessor carrier for not less
    than one year, except where such a vacancy is covered by (1) an
    affirmative action plan, or a hiring plan designed to eliminate
    discrimination, that is required by Federal or State statute,
    regulation, or Executive order, or by the order of a Federal court
    or agency, or (2) a permissible voluntary affirmative action plan.
    For purposes of this section, a railroad shall not be considered to
    be hiring new employees when it recalls any of its own furloughed
    employees.
    (b) Status
      The first right of hire afforded to employees under this section
    shall be coequal to the first right of hire afforded under sections
    907 and 1004 of this title.

-SOURCE-
    (Pub. L. 93-236, title VII, Sec. 703, as added Pub. L. 97-35, title
    XI, Sec. 1143(a), Aug. 13, 1981, 95 Stat. 663.)


-MISC1-
      EXEMPTION OF NATIONAL RAILROAD PASSENGER CORPORATION IN HIRING
                   QUALIFIED TRAIN AND ENGINE EMPLOYEES
      Pub. L. 99-272, title IV, Sec. 4011(c), Apr. 7, 1986, 100 Stat.
    109, provided that: "The provisions of section 703 of the Regional
    Rail Reorganization Act of 1973 (45 U.S.C. 797b), section 8 of the
    Milwaukee Railroad Restructuring Act (45 U.S.C. 907), and section
    105 of the Rock Island Railroad Transition and Employee Assistance
    Act (45 U.S.C. 1004) shall not apply to the National Railroad
    Passenger Corporation in the hiring of qualified train and engine
    employees who hold seniority rights to work in intercity rail
    passenger service in connection with the assumption by such
    Corporation of functions previously performed under contract by
    other carriers."

-End-



-CITE-
    45 USC Sec. 797c                                            01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 16 - REGIONAL RAIL REORGANIZATION
    SUBCHAPTER VII - PROTECTION OF EMPLOYEES

-HEAD-
    Sec. 797c. Central register of railroad employment

-STATUTE-
    (a) Register
      (1) The Railroad Retirement Board (hereafter in this section
    referred to as the "Board") shall prepare and maintain a register
    of persons separated from railroad employment after at least one
    year of completed service with a railroad who have declared their
    current availability for employment in the railroad industry. The
    register shall be subdivided by class and craft of prior employment
    and shall be updated periodically to reflect current availability.
      (2) Each entry in the register shall include, or provide access
    to, basic information concerning the individual's experience and
    qualifications.
      (3) The Board shall place at the top of the register those former
    railroad employees entitled to priority under applicable provisions
    of law, including this chapter.
    (b) Corporation employees
      As soon as is practicable after August 13, 1981, the Corporation
    shall provide to the Board the names of its former employees who
    elect to appear on the register and who have not been offered
    employment with acquiring railroads.
    (c) Vacancy notices; warning; civil penalty
      (1) Each railroad shall timely file with the Board a notice of
    vacancy with respect to any position for which the railroad intends
    to accept applications from persons other than current employees of
    that carrier.
      (2)(A) As soon as the Board becomes aware of any failure on the
    part of a railroad to comply with paragraph (1), the Board shall
    issue a warning to such railroad of its potential liability under
    subparagraph (B).
      (B) Any railroad failing to comply with paragraph (1) of this
    subsection after being warned by the Board under subparagraph (A)
    shall be liable for a civil penalty in the amount of $500 for each
    subsequent vacancy with respect to which such railroad has so
    failed to comply.
    (d) Placement
      The Board shall, through distribution of copies of the central
    register (or portions thereof) to railroads and representatives of
    classes or crafts of employees and through publication of
    employment information derived from vacancy notices filed with the
    Board, promote the placement of former railroad employees
    possessing requisite skills and experience in appropriate positions
    with other railroads.
    (e) Employment applications
      In addition to its responsibilities under subsections (a) through
    (d) of this section, the Board shall facilitate the filing of
    employment applications with respect to current vacancies in the
    industry by former railroad employees entitled to priority under
    applicable provisions of law, including this chapter.
    (f) Expiration
      The provisions of this section shall cease to be effective on the
    expiration of the 6-year period beginning on August 13, 1981.
    (g) Resolution of disputes
      Any dispute, grievance, or claim arising under this section,
    section 797b of this title, section 907 of this title, or section
    1004 of this title shall be subject to resolution in accordance
    with the following procedures:
        (1) Any employee with such a dispute, grievance, or claim may
      petition the Board to review and investigate the dispute,
      grievance, or claim.
        (2) The Board shall investigate the dispute, grievance, or
      claim, and if it concludes that the employee's rights under this
      section, section 797b of this title, section 907 of this title,
      or section 1004 of this title may have been violated, the
      dispute, grievance, or claim shall be subject to resolution in
      accordance with the procedures set forth in section 153 of this
      title.
        (3) In the case of any violation of this section, section 797b
      of this title, section 907 of this title, or section 1004 of this
      title, the Adjustment Board (or any division or delegate thereof)
      or any other board of adjustment created under section 153 of
      this title shall, where appropriate, award such relief, including
      back pay, as may be necessary to enforce the employee's rights.

-SOURCE-
    (Pub. L. 93-236, title VII, Sec. 704, as added Pub. L. 97-35, title
    XI, Sec. 1143(a), Aug. 13, 1981, 95 Stat. 663; amended Pub. L. 97-
    468, title II, Sec. 235, Jan. 14, 1983, 96 Stat. 2547; Pub. L. 99-
    272, title IV, Sec. 4011(a), (b), Apr. 7, 1986, 100 Stat. 108,
    109.)


-MISC1-
                                AMENDMENTS                            
      1986 - Subsec. (c). Pub. L. 99-272, Sec. 4011(a), designated
    existing provisions as par. (1) and added par. (2).
      Subsec. (f). Pub. L. 99-272, Sec. 4011(b), substituted "6-year"
    for "4-year".
      1983 - Subsec. (f). Pub. L. 97-468, Sec. 235(a), substituted "4-
    year" for "3-year".
      Subsec. (g). Pub. L. 97-468, Sec. 235(b), substituted "this
    section, section 797b of this title, section 907 of this title, or
    section 1004 of this title" for "this section or section 797b of
    this title" wherever appearing.

                     EFFECTIVE DATE OF 1986 AMENDMENT                 
      Section 4011(d) of Pub. L. 99-272 provided that: "The amendments
    made by subsections (a) and (c) [amending this section and enacting
    provisions set out as a note under section 797b of this title]
    shall take effect on the date of enactment of this Act [Apr. 7,
    1986], and the amendment made by subsection (b) [amending this
    section] shall be effective as of August 1, 1985."

-End-



-CITE-
    45 USC Sec. 797d                                            01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 16 - REGIONAL RAIL REORGANIZATION
    SUBCHAPTER VII - PROTECTION OF EMPLOYEES

-HEAD-
    Sec. 797d. Election and treatment of benefits

-STATUTE-
    (a) Election
      (1) Any employee who accepts any benefits under an agreement
    entered into under section 797 (!1) of this title or a termination
    allowance under section 797a of this title, shall, except as
    provided in paragraph (2) of this subsection, be deemed to waive
    any employee protection benefits otherwise available under any
    other provision of law or any contract or agreement in effect on
    August 13, 1981, except benefits under sections 797b and 797c of
    this title, and shall be deemed to waive any cause of action for
    any alleged loss of benefits resulting from the provisions of or
    the amendments made by the Northeast Rail Service Act of 1981.

      (2) Nothing in paragraph (1) of this subsection shall affect the
    right of any employee described in such paragraph to benefits under
    the Railroad Retirement Act of 1974 [45 U.S.C. 231 et seq.] or the
    Railroad Unemployment Insurance Act [45 U.S.C. 351 et seq.].
    (b) Treatment of benefits
      Any benefits received by an employee under an agreement entered
    into pursuant to section 797 (!1) of this title and any termination
    allowance received under section 797a of this title shall be
    considered compensation solely for purposes of - 
        (1) the Railroad Retirement Act of 1974 (45 U.S.C. 231 et
      seq.); and
        (2) determining the compensation received by such employee in
      any base year under the Railroad Unemployment Insurance Act (45
      U.S.C. 351 et seq.).

-SOURCE-
    (Pub. L. 93-236, title VII, Sec. 705, as added Pub. L. 97-35, title
    XI, Sec. 1143(a), Aug. 13, 1981, 95 Stat. 664.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 797 of this title, referred to in subsecs. (a)(1) and
    (b), was repealed by Pub. L. 99-509, title IV, Sec. 4024(c), Oct.
    21, 1986, 100 Stat. 1904, effective on the sale date (Apr. 2,
    1987).
      The Northeast Rail Service Act of 1981, referred to in subsec.
    (a)(1), is subtitle E (Secs. 1131-1169) of title XI of Pub. L. 97-
    35, Aug. 13, 1981, 95 Stat. 643, as amended. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 1101 of this title and Tables.
      The Railroad Retirement Act of 1974, referred to in subsecs.
    (a)(2) and (b)(1), is act Aug. 29, 1935, ch. 812, as amended
    generally by Pub. L. 93-445, title I, Sec. 101, Oct. 16, 1974, 88
    Stat. 1305, which is classified generally to subchapter IV (Sec.
    231 et seq.) of chapter 9 of this title. For further details and
    complete classification of this Act to the Code, see Codification
    note set out preceding section 231 of this title, section 231t of
    this title, and Tables.
      The Railroad Unemployment Insurance Act, referred to in subsecs.
    (a)(2) and (b)(2), is act June 25, 1938, ch. 680, 52 Stat. 1094, as
    amended, which is classified principally to chapter 11 (Sec. 351 et
    seq.) of this title. For complete classification of this Act to the
    Code, see section 367 of this title and Tables.

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    45 USC Sec. 797e                                            01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 16 - REGIONAL RAIL REORGANIZATION
    SUBCHAPTER VII - PROTECTION OF EMPLOYEES

-HEAD-
    Sec. 797e. Assignment of work

-STATUTE-
    (a) General
      With respect to any craft or class of employees not covered by a
    collective bargaining agreement that provides for a process
    substantially equivalent to that provided for in this section, the
    Corporation shall have the right to assign, allocate, reassign,
    reallocate, and consolidate work formerly performed on the rail
    properties acquired pursuant to the provisions of this chapter from
    a railroad in reorganization to any location, facility, or position
    on its system if it does not remove such work from coverage of a
    collective bargaining agreement and does not infringe upon the
    existing classification of work rights of any craft or class of
    employees at the location or facility to which such work is
    assigned, allocated, reassigned, reallocated, or consolidated.
    Prior to the exercise of authority under this subsection, the
    Corporation shall negotiate an agreement with the representatives
    of the employees involved permitting such employees the right to
    follow their work.
    (b) Expiration
      The authority granted by this section shall apply only for as
    long as benefits are provided under this subchapter with funds made
    available under section 797l (!1) of this title.


-SOURCE-
    (Pub. L. 93-236, title VII, Sec. 706, as added Pub. L. 97-35, title
    XI, Sec. 1143(a), Aug. 13, 1981, 95 Stat. 665.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 797l of this title, referred to in subsec. (b), was
    repealed by Pub. L. 99-509, title IV, Sec. 4033(a)(2), Oct. 21,
    1986, 100 Stat. 1908, and a new section 797l of this title was
    subsequently added by Pub. L. 104-88, Sec. 327(5).

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    45 USC Sec. 797f                                            01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 16 - REGIONAL RAIL REORGANIZATION
    SUBCHAPTER VII - PROTECTION OF EMPLOYEES

-HEAD-
    Sec. 797f. Contracting out

-STATUTE-
      All work in connection with the operation or services provided by
    the Corporation on the rail lines, properties, equipment, or
    facilities acquired pursuant to the provisions of this chapter and
    the maintenance, repair, rehabilitation, or modernization of such
    lines, properties, equipment, or facilities which has been
    performed by practice or agreement in accordance with provisions of
    the existing contracts in effect with the representatives of the
    employees of the classes or crafts involved shall continue to be
    performed by the Corporation's employees, including employees on
    furlough. Should the Corporation lack a sufficient number of
    employees, including employees on furlough, and be unable to hire
    additional employees, to perform the work required, it shall be
    permitted to subcontract that part of such work which cannot be
    performed by its employees, including those on furlough, except
    where agreement by the representatives of the employees of the
    classes or crafts involved is required by applicable collective-
    bargaining agreements. The term "unable to hire additional
    employees" as used in this section contemplates establishment and
    maintenance by the Corporation of an apprenticeship, training, or
    recruitment program to provide an adequate number of skilled
    employees to perform the work.

-SOURCE-
    (Pub. L. 93-236, title VII, Sec. 707, as added Pub. L. 97-35, title
    XI, Sec. 1143(a), Aug. 13, 1981, 95 Stat. 665.)

-End-



-CITE-
    45 USC Sec. 797g                                            01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 16 - REGIONAL RAIL REORGANIZATION
    SUBCHAPTER VII - PROTECTION OF EMPLOYEES

-HEAD-
    Sec. 797g. New collective-bargaining agreements

-STATUTE-
    (a) Agreement
      Not later than 60 days after the effective date of any conveyance
    pursuant to the provisions of this chapter, the representatives of
    the various classes or crafts of employees of a railroad in
    reorganization involved in a conveyance and representatives of the
    Corporation shall commence negotiation of a new single collective
    bargaining agreement for each class and craft of employees covering
    the rate of pay, rules, and working conditions of employees who are
    the employees of the Corporation. Such collective bargaining
    agreement shall include appropriate provisions concerning rates of
    pay, rules, and working conditions, but shall not, before April 1,
    1984, include any provisions for job stabilization which may exceed
    or conflict with those established herein. Negotiations with
    respect to such single collective bargaining agreement, and any
    successor thereto, shall be conducted systemwide.
    (b) Procedure
      (1) Any procedure for finally determining the components of the
    first single collective bargaining agreement for any class or
    craft, agreed upon before August 13, 1981, shall be completed no
    later than 45 days after August 13, 1981. Such agreed upon
    procedure shall be deemed to satisfy the requirements of sections
    157 and 158 of this title. The National Mediation Board shall
    appoint any person as provided for by such agreements.
      (2) Nothing in this section shall be construed to require the
    parties to enter into a new single collective bargaining agreement
    if the agreement between the parties in effect immediately prior to
    August 13, 1981, complied with section 774(d) (!1) of this title as
    in effect immediately prior to such date.

    (c) Railway Labor Act notices
      Employees of the Corporation may not serve notices under section
    156 of this title for the purpose of negotiating job stabilization
    or other protective agreements with the Corporation until after
    April 1, 1984.

-SOURCE-
    (Pub. L. 93-236, title VII, Sec. 708, as added Pub. L. 97-35, title
    XI, Sec. 1143(a), Aug. 13, 1981, 95 Stat. 665.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 774 of this title, referred to in subsec. (b)(2), was
    repealed by Pub. L. 97-35, title XI, Sec. 1144(a)(1), Aug. 13,
    1981, 95 Stat. 669.

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    45 USC Sec. 797h                                            01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 16 - REGIONAL RAIL REORGANIZATION
    SUBCHAPTER VII - PROTECTION OF EMPLOYEES

-HEAD-
    Sec. 797h. Employee and personal injury claims

-STATUTE-
    (a) Liability for employee claims
      In all cases of claims, prior to April 1, 1976, by employees,
    arising under the collective bargaining agreements of the railroads
    in reorganization in the Region, and subject to section 153 of this
    title, the Corporation, the National Railroad Passenger
    Corporation, or an acquiring carrier, as the case may be, shall
    assume responsibility for the processing of any such claims, and
    payment of those which are sustained or settled on or subsequent to
    the date of conveyance, under section 743(b)(1) of this title, and
    shall be entitled to direct reimbursement from the Association
    pursuant to section 721(h) of this title, to the extent that such
    claims are determined by the Association to be the obligation of a
    railroad in reorganization in the Region. Any liability of an
    estate of a railroad in reorganization to its employees which is
    assumed, processed, and paid pursuant to this subsection by the
    Corporation, the National Railroad Passenger Corporation, or an
    acquiring carrier shall remain the preconveyance obligation of the
    estate of such railroad for purposes of section 721(h)(1) of this
    title. The Corporation, the National Railroad Passenger
    Corporation, an acquiring carrier, or the Association, as the case
    may be, shall be entitled to a direct claim as a current expense of
    administration, in accordance with the provisions of section 721(h)
    of this title (other than paragraph (4)(A) thereof), for
    reimbursement (including costs and expenses of processing such
    claims) from the estate of the railroad in reorganization on whose
    behalf such obligations are discharged or paid. In those cases in
    which claims for employees were sustained or settled prior to such
    date of conveyance, it shall be the obligation of the employees to
    seek satisfaction against the estate of the railroads in
    reorganization which were their former employers.
    (b) Assumption of personal injury claims
      All cases or claims by employees or their personal
    representatives for personal injuries or death against a railroad
    in reorganization in the Region arising prior to the date of
    conveyance of rail properties, pursuant to section 743 of this
    title, shall be assumed by the Corporation or an acquiring
    railroad, as the case may be. The Corporation or the acquiring
    railroad shall process and pay any such claims that are sustained
    or settled, and shall be entitled to direct reimbursement from the
    Association pursuant to section 721(h) of this title, to the extent
    that such claims are determined by the Association or its successor
    authority to be the obligation of such railroad. Any liability of
    an estate of a railroad in reorganization which is assumed,
    processed, and paid, pursuant to this subsection, by the
    Corporation or an acquiring railroad shall remain the preconveyance
    obligation of the estate of such railroad for purposes of section
    721(h)(1) of this title. The Corporation, an acquiring railroad, or
    the Association, as the case may be, shall be entitled to a direct
    claim as a current expense of administration, in accordance with
    the provisions of section 721(h) of this title (other than
    paragraph (4)(A) thereof), for reimbursement (including costs and
    expenses of processing such claims) from the estate of the railroad
    in reorganization on whose behalf such obligations were discharged
    or paid.

-SOURCE-
    (Pub. L. 93-236, title VII, Sec. 709, as added Pub. L. 97-35, title
    XI, Sec. 1143(a), Aug. 13, 1981, 95 Stat. 666.)


-TRANS-
      ABOLITION OF UNITED STATES RAILWAY ASSOCIATION AND TRANSFER OF
                         FUNCTIONS AND SECURITIES
      See section 1341 of this title.

-End-



-CITE-
    45 USC Sec. 797i                                            01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 16 - REGIONAL RAIL REORGANIZATION
    SUBCHAPTER VII - PROTECTION OF EMPLOYEES

-HEAD-
    Sec. 797i. Limitations on liability

-STATUTE-
    (a) Federal Government
      The liability of the United States under an agreement entered
    into or benefit schedule prescribed under section 797 (!1) of this
    title or for payment of a termination allowance under section 797a
    of this title shall be limited to amounts appropriated under
    section 797l (!1) of this title.

    (b) The Corporation
      (1) The Corporation, Amtrak Commuter, and commuter authorities
    shall incur no liability under an agreement entered into or benefit
    schedule prescribed under section 797 (!1) of this title or for the
    payment of a termination allowance under section 797a of this
    title.
      (2) Notwithstanding any other provision of law, until April 1,
    1984, the Corporation shall have no liability for employee
    protection in the event of a sale of any asset to a purchaser, and
    such purchaser shall assume the liability for the application of
    employee protection conditions imposed by the Commission for all
    employees adversely affected by such sale.

-SOURCE-
    (Pub. L. 93-236, title VII, Sec. 710, as added Pub. L. 97-35, title
    XI, Sec. 1143(a), Aug. 13, 1981, 95 Stat. 667.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 797 of this title, referred to in subsecs. (a) and
    (b)(1), was repealed by Pub. L. 99-509, title IV, Sec. 4024(c),
    Oct. 21, 1986, 100 Stat. 1904, effective on the sale date (Apr. 2,
    1987).
      Section 797l of this title, referred to in subsec. (a), was
    repealed by Pub. L. 99-509, title IV, Sec. 4033(a)(2), Oct. 21,
    1986, 100 Stat. 1908, and a new section 797l of this title was
    subsequently added by Pub. L. 104-88, Sec. 327(5).


-TRANS-
        ABOLITION OF INTERSTATE COMMERCE COMMISSION AND TRANSFER OF
                                 FUNCTIONS
      Interstate Commerce Commission abolished and functions of
    Commission transferred, except as otherwise provided in Pub. L. 104-
    88, 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.

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    45 USC Sec. 797j                                            01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 16 - REGIONAL RAIL REORGANIZATION
    SUBCHAPTER VII - PROTECTION OF EMPLOYEES

-HEAD-
    Sec. 797j. Preemption

-STATUTE-
      No State may adopt or continue in force any law, rule,
    regulation, order, or standard requiring the Corporation to employ
    any specified number of persons to perform any particular task,
    function, or operation, or requiring the Corporation to pay
    protective benefits to employees, and no State in the Region may
    adopt or continue in force any such law, rule, regulation, order,
    or standard with respect to any railroad in the Region.

-SOURCE-
    (Pub. L. 93-236, title VII, Sec. 711, as added Pub. L. 97-35, title
    XI, Sec. 1143(a), Aug. 13, 1981, 95 Stat. 667; amended Pub. L. 103-
    272, Sec. 7(b), July 5, 1994, 108 Stat. 1379.)


-MISC1-
                                AMENDMENTS                            
      1994 - Pub. L. 103-272 struck out ", the National Railroad
    Passenger Corporation, or the Amtrak Commuter Services Corporation"
    before "to employ any".

-End-



-CITE-
    45 USC Sec. 797k                                            01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 16 - REGIONAL RAIL REORGANIZATION
    SUBCHAPTER VII - PROTECTION OF EMPLOYEES

-HEAD-
    Sec. 797k. Factfinding panel

-STATUTE-
    (a) Purpose
      The Corporation shall enter into collective bargaining agreements
    with its employees which provide for the establishment of one or
    more advisory factfinding panels, chaired by a neutral expert in
    industrial relations, for purposes of recommending changes in
    operating practices and procedures which result in greater
    productivity to the maximum extent practicable.
    (b) National Mediation Board
      The National Mediation Board shall appoint public members to any
    panel established by an agreement entered into under this
    subparagraph, and shall perform such functions contained in the
    agreement as are consistent with the duties of such Board under the
    Railway Labor Act [45 U.S.C. 151 et seq.].
    (c) Other functions
      The factfinding panel may, before making its report to the
    parties, provide mediation, conciliation, and other assistance to
    the parties.

-SOURCE-
    (Pub. L. 93-236, title VII, Sec. 712, as added Pub. L. 97-35, title
    XI, Sec. 1143(a), Aug. 13, 1981, 95 Stat. 668.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Railway Labor Act, referred to in subsec. (b), is act May 20,
    1926, ch. 347, 44 Stat. 577, as amended, which is classified
    principally to chapter 8 (Sec. 151 et seq.) of this title. For
    complete classification of this Act to the Code, see section 151 of
    this title and Tables.

-End-



-CITE-
    45 USC Sec. 797l                                            01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 16 - REGIONAL RAIL REORGANIZATION
    SUBCHAPTER VII - PROTECTION OF EMPLOYEES

-HEAD-
    Sec. 797l. Class II railroads receiving Federal assistance

-STATUTE-
      The Surface Transportation Board shall impose no labor protection
    conditions in approving an application under section 10902 of title
    49 when the application involves a Class II rail carrier which - 
        (1) is headquartered in a State, and operates in at least one
      State, with a population of less than 1,000,000 persons, as
      determined by the 1990 census; and
        (2) has, as of January 1, 1996, been a recipient of repayable
      Federal Railroad Administration assistance in excess of
      $5,000,000.

-SOURCE-
    (Pub. L. 93-236, title VII, Sec. 713, as added Pub. L. 104-88,
    title III, Sec. 327(5)(A), formerly Sec. 327(5), Dec. 29, 1995, 109
    Stat. 952, renumbered Pub. L. 104-287, Sec. 6(f)(4)(B), Oct. 11,
    1996, 110 Stat. 3399.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 797l, Pub. L. 93-236, title VII, Sec. 713, as
    added Pub. L. 97-35, title XI, Sec. 1143(a), Aug. 13, 1981, 95
    Stat. 668, authorized appropriations to carry out activities for
    protection of employees of Consolidated Rail Corporation, prior to
    repeal by Pub. L. 99-509, title IV, Sec. 4033(a)(2), Oct. 21, 1986,
    100 Stat. 1908.

                              EFFECTIVE DATE                          
      Section effective Jan. 1, 1996, see section 2 of Pub. L. 104-88,
    set out as a note under section 701 of Title 49, Transportation.

-End-



-CITE-
    45 USC Sec. 797m                                            01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 16 - REGIONAL RAIL REORGANIZATION
    SUBCHAPTER VII - PROTECTION OF EMPLOYEES

-HEAD-
    Sec. 797m. Arbitration

-STATUTE-
      Any dispute or controversy with respect to the interpretation,
    application, or enforcement of the provisions of this subchapter,
    except sections 797b, 797c, 797g, and 797l (!1) of this title, or
    section 1144 of the Northeast Rail Service Act of 1981, and except
    those matters subject to judicial review under section 1152 of the
    Northeast Rail Service Act of 1981 [45 U.S.C. 1105], which have not
    been resolved within 90 days, may be submitted by either party to
    an Adjustment Board for a final and binding decision thereon as
    provided in section 153 of this title, in which event the burden of
    proof on all issues so presented shall be on the Corporation, or
    the Association, where appropriate.


-SOURCE-
    (Pub. L. 93-236, title VII, Sec. 714, as added Pub. L. 97-35, title
    XI, Sec. 1143(a), Aug. 13, 1981, 95 Stat. 668.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 797l of this title, referred to in text, was repealed by
    Pub. L. 99-509, title IV, Sec. 4033(a)(2), Oct. 21, 1986, 100 Stat.
    1908, and a new section 797l of this title was subsequently added
    by Pub. L. 104-88, Sec. 327(5).
      Section 1144 of the Northeast Rail Service Act of 1981, referred
    to in text, is section 1144 of Pub. L. 97-35, title XI, Aug. 13,
    1981, 95 Stat. 669, which repealed subchapter V (Sec. 771 et seq.)
    of this chapter and sections 910 and 1006 of this title and enacted
    provisions set out as a note under section 771 of this title.


-TRANS-
      ABOLITION OF UNITED STATES RAILWAY ASSOCIATION AND TRANSFER OF
                         FUNCTIONS AND SECURITIES
      See section 1341 of this title.

-FOOTNOTE-
    (!1) See References in Text note below.


-End-


-CITE-
    45 USC CHAPTER 17 - RAILROAD REVITALIZATION AND
           REGULATORY REFORM                               01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 17 - RAILROAD REVITALIZATION AND REGULATORY REFORM

-HEAD-
        CHAPTER 17 - RAILROAD REVITALIZATION AND REGULATORY REFORM    


-MISC1-
                     SUBCHAPTER I - GENERAL PROVISIONS                 
    Sec.                                                     
    801.        Declaration of policy.                                
                  (a)  Purpose.                                       
                  (b)  Policy.                                        
    802.        Definitions.                                          
    803.        Repealed.                                             

     SUBCHAPTER II - RAILROAD REHABILITATION AND IMPROVEMENT FINANCING 
    821.        Definitions.                                          
    822.        Direct loans and loan guarantees.                     
                  (a)  General authority.                             
                  (b)  Eligible purposes.                             
                  (c)  Priority projects.                             
                  (d)  Extent of authority.                           
                  (e)  rates of interest.                             
                  (f)  Infrastructure partners.                       
                  (g)  Prerequisites for assistance.                  
                  (h)  Conditions of assistance.                      
                  (i)  Time limit for approval or disapproval.        
                  (j)  Repayment schedules.                           
    823.        Administration of direct loans and loan guarantees.   
                  (a)  Applications.                                  
                  (b)  Full faith and credit.                         
                  (b)  Assignment of loan guarantees.                 
                  (c)  Modifications.                                 
                  (d)  Compliance.                                    
                  (e)  Commercial validity.                           
                  (f)  Default.                                       
                  (g)  Rights of the Secretary.                       
                  (h)  Action against obligor.                        
                  (i)  Breach of conditions.                          
                  (j)  Attachment.                                    
                  (k)  Evaluation charge.                             
                  (l)  Fees and charges.                              
    824 to 835. Repealed or Transferred.                              
    836.        Employee protection.                                  
                  (a)  General.                                       
                  (b)  Terms.                                         
                  (c)  Subcontracting.                                
    837, 838.   Repealed.                                             

        SUBCHAPTER III - NORTHEAST CORRIDOR PROJECT IMPLEMENTATION    
    851 to 856. Repealed.                                             

-End-


-CITE-
    45 USC SUBCHAPTER I - GENERAL PROVISIONS                    01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 17 - RAILROAD REVITALIZATION AND REGULATORY REFORM
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
                     SUBCHAPTER I - GENERAL PROVISIONS                 

-End-



-CITE-
    45 USC Sec. 801                                             01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 17 - RAILROAD REVITALIZATION AND REGULATORY REFORM
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 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;
        (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.)

-REFTEXT-
                            REFERENCES 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.


-MISC1-
                                SHORT 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-



-CITE-
    45 USC Sec. 802                                             01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 17 - RAILROAD REVITALIZATION AND REGULATORY REFORM
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 802. Definitions

-STATUTE-
      As 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.);
        (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.)

-REFTEXT-
                            REFERENCES 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.


-MISC1-
                                AMENDMENTS                            
      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.


-TRANS-
        ABOLITION OF INTERSTATE COMMERCE COMMISSION AND TRANSFER OF
                                 FUNCTIONS
      Interstate Commerce Commission abolished and functions of
    Commission transferred, except as otherwise provided in Pub. L. 104-
    88, 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-



-CITE-
    45 USC Sec. 803                                             01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 17 - RAILROAD REVITALIZATION AND REGULATORY REFORM
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 803. Repealed. Pub. L. 97-449, Sec. 7(b), Jan. 12, 1983, 96
      Stat. 2443

-MISC1-
      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-


-CITE-
    45 USC SUBCHAPTER II - RAILROAD REHABILITATION AND
           IMPROVEMENT FINANCING                           01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 17 - RAILROAD REVITALIZATION AND REGULATORY REFORM
    SUBCHAPTER II - RAILROAD REHABILITATION AND IMPROVEMENT FINANCING

-HEAD-
     SUBCHAPTER II - RAILROAD REHABILITATION AND IMPROVEMENT FINANCING 

-End-



-CITE-
    45 USC Sec. 821                                             01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 17 - RAILROAD REVITALIZATION AND REGULATORY REFORM
    SUBCHAPTER II - RAILROAD REHABILITATION AND IMPROVEMENT FINANCING

-HEAD-
    Sec. 821. Definitions

-STATUTE-
      For 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
      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.)


-MISC1-
                             PRIOR 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-



-CITE-
    45 USC Sec. 822                                             01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 17 - RAILROAD REVITALIZATION AND REGULATORY REFORM
    SUBCHAPTER II - RAILROAD REHABILITATION AND IMPROVEMENT FINANCING

-HEAD-
    Sec. 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
        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 25 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
    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. 1921-
    1923.)

-REFTEXT-
                            REFERENCES 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.


-MISC1-
                             PRIOR 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                            
      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
    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-



-CITE-
    45 USC Sec. 823                                             01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 17 - RAILROAD REVITALIZATION AND REGULATORY REFORM
    SUBCHAPTER II - RAILROAD REHABILITATION AND IMPROVEMENT FINANCING

-HEAD-
    Sec. 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
    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
      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.)

-COD-
                               CODIFICATION                           
      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. 105-
    178, 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.


-MISC1-
                             PRIOR 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-



-CITE-
    45 USC Secs. 824, 825                                       01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 17 - RAILROAD REVITALIZATION AND REGULATORY REFORM
    SUBCHAPTER II - RAILROAD REHABILITATION AND IMPROVEMENT FINANCING

-HEAD-
    Secs. 824, 825. Repealed. Pub. L. 105-178, title VII, Sec.
      7203(a)(1), (2), June 9, 1998, 112 Stat. 471, 477

-MISC1-
      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,
    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-



-CITE-
    45 USC Sec. 825a                                            01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 17 - RAILROAD REVITALIZATION AND REGULATORY REFORM
    SUBCHAPTER II - RAILROAD REHABILITATION AND IMPROVEMENT FINANCING

-HEAD-
    Sec. 825a. Repealed. Pub. L. 99-509, title IV, Sec. 4033(c)(6),
      Oct. 21, 1986, 100 Stat. 1909

-MISC1-
      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-



-CITE-
    45 USC Secs. 826 to 830                                     01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 17 - RAILROAD REVITALIZATION AND REGULATORY REFORM
    SUBCHAPTER II - RAILROAD REHABILITATION AND IMPROVEMENT FINANCING

-HEAD-
    Secs. 826 to 830. Repealed. Pub. L. 105-178, title VII, Sec.
      7203(a)(2), June 9, 1998, 112 Stat. 477

-MISC1-
      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.

-End-



-CITE-
    45 USC Sec. 831                                             01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 17 - RAILROAD REVITALIZATION AND REGULATORY REFORM
    SUBCHAPTER II - RAILROAD REHABILITATION AND IMPROVEMENT FINANCING

-HEAD-
    Sec. 831. Transferred

-COD-
                               CODIFICATION                           
      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-



-CITE-
    45 USC Secs. 832 to 834                                     01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 17 - RAILROAD REVITALIZATION AND REGULATORY REFORM
    SUBCHAPTER II - RAILROAD REHABILITATION AND IMPROVEMENT FINANCING

-HEAD-
    Secs. 832 to 834. Repealed. Pub. L. 105-178, title VII, Sec.
      7203(a)(2), June 9, 1998, 112 Stat. 477

-MISC1-
      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-



-CITE-
    45 USC Sec. 835                                             01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 17 - RAILROAD REVITALIZATION AND REGULATORY REFORM
    SUBCHAPTER II - RAILROAD REHABILITATION AND IMPROVEMENT FINANCING

-HEAD-
    Sec. 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

-MISC1-
      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-



-CITE-
    45 USC Sec. 836                                             01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 17 - RAILROAD REVITALIZATION AND REGULATORY REFORM
    SUBCHAPTER II - RAILROAD REHABILITATION AND IMPROVEMENT FINANCING

-HEAD-
    Sec. 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.

-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.)

-REFTEXT-
                            REFERENCES 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.


-MISC1-
                             PRIOR 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-



-CITE-
    45 USC Secs. 837, 838                                       01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 17 - RAILROAD REVITALIZATION AND REGULATORY REFORM
    SUBCHAPTER II - RAILROAD REHABILITATION AND IMPROVEMENT FINANCING

-HEAD-
    Secs. 837, 838. Repealed. Pub. L. 105-178, title VII, Sec.
      7203(a)(2), June 9, 1998, 112 Stat. 477

-MISC1-
      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-


-CITE-
    45 USC SUBCHAPTER III - NORTHEAST CORRIDOR PROJECT
           IMPLEMENTATION                                  01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 17 - RAILROAD REVITALIZATION AND REGULATORY REFORM
    SUBCHAPTER III - NORTHEAST CORRIDOR PROJECT IMPLEMENTATION

-HEAD-
        SUBCHAPTER III - NORTHEAST CORRIDOR PROJECT IMPLEMENTATION    

-End-



-CITE-
    45 USC Sec. 851                                             01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 17 - RAILROAD REVITALIZATION AND REGULATORY REFORM
    SUBCHAPTER III - NORTHEAST CORRIDOR PROJECT IMPLEMENTATION

-HEAD-
    Sec. 851. Repealed. Pub. L. 103-272, Sec. 7(b), July 5, 1994, 108
      Stat. 1379

-MISC1-
      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
    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-



-CITE-
    45 USC Sec. 852                                             01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 17 - RAILROAD REVITALIZATION AND REGULATORY REFORM
    SUBCHAPTER III - NORTHEAST CORRIDOR PROJECT IMPLEMENTATION

-HEAD-
    Sec. 852. Repealed. Pub. L. 97-35, title XI, Sec. 1188(e), Aug. 13,
      1981, 95 Stat. 699

-MISC1-
      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-



-CITE-
    45 USC Secs. 853 to 855                                     01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 17 - RAILROAD REVITALIZATION AND REGULATORY REFORM
    SUBCHAPTER III - NORTHEAST CORRIDOR PROJECT IMPLEMENTATION

-HEAD-
    Secs. 853 to 855. Repealed. Pub. L. 103-272, Sec. 7(b), July 5,
      1994, 108 Stat. 1379

-MISC1-
      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-



-CITE-
    45 USC Sec. 856                                             01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 17 - RAILROAD REVITALIZATION AND REGULATORY REFORM
    SUBCHAPTER III - NORTHEAST CORRIDOR PROJECT IMPLEMENTATION

-HEAD-
    Sec. 856. Repealed. Pub. L. 103-429, Sec. 7(a)(1), Oct. 31, 1994,
      108 Stat. 4388

-MISC1-
      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-


-CITE-
    45 USC CHAPTER 18 - MILWAUKEE RAILROAD RESTRUCTURING        01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 18 - MILWAUKEE RAILROAD RESTRUCTURING

-HEAD-
               CHAPTER 18 - MILWAUKEE RAILROAD RESTRUCTURING           

-MISC1-
    Sec.                                                     
    901.        Congressional findings.                               
    902.        Definitions.                                          
    903.        Sales and transfers.                                  
    904.        Court approved abandonments and sales.                
                  (a)  Abandonment of lines of railroad under section
                        1170 of title 11.                             
                  (b)  Sale or transfer of lines of railroad.         
                  (c)  Effect on priorities and timing of employee
                        protection payments.                          
    905.        Employee or employee-shipper ownership plan.          
                  (a)  Submission of plan to Commission; approval;
                        findings.                                     
                  (b)  Submission of findings to bankruptcy court.    
                  (c)  Implementation of plan.                        
                  (d)  Judicial review.                               
                  (e)  Furnishing of reports and other information for
                        preparation of plan.                          
    906.        Guarantee of trustee certificates.                    
                  (a)  to (c) Omitted.                                
                  (d)  Authorization.                                 
                  (e)  Amount of guarantee.                           
                  (f)  Subordination of claims.                       
                  (g)  Availability of funds.                         
                  (h)  Cancellation of United States obligations.     
    907.        Railroad hiring.                                      
    908.        Employee protection agreements.                       
                  (a)  Agreement between Milwaukee Railroad and labor
                        organizations.                                
                  (b)  Submission of matter to National Mediation
                        Board.                                        
                  (c)  Fair and equitable agreements.                 
                  (d)  Payment of benefits and allowances.            
    909.        Supplementary unemployment insurance.                 
                  (a)  Eligible employees.                            
                  (b)  Period of payment.                             
                  (c)  Amount of payment.                             
                  (d)  Filing of application.                         
                  (e)  Insurance as compensation.                     
                  (f)  Employees not covered.                         
                  (g)  Furloughed employees.                          
    910.        Repealed.                                             
    911.        New career training assistance.                       
                  (a)  Eligible employees.                            
                  (b)  Commencement of training as condition.         
                  (c)  Filing of application; Board determination.    
                  (d)  Assistance prohibited after April 1, 1984.     
                  (e)  Definitions.                                   
    912.        Election.                                             
    913.        Authorization of appropriations.                      
    914.        Obligation guarantees.                                
                  (a)  Authorization.                                 
                  (b)  Obligations as administrative expense.         
                  (c)  Limit on aggregate unpaid principal amount.    
                  (d)  Limit on total liability.                      
                  (e)  Liability of United States respecting section
                        908 agreements.                               
                  (f)  Applicability of section 836 of this title.    
    915.        Court approved abandonment and sales in pending cases.
                  (a)  Abandonment of lines of railroad under
                        Bankruptcy Act.                               
                  (b)  Sale or transfer of lines of railroad under
                        Bankruptcy Act.                               
                  (c)  Judicial review.                               
                  (d)  Authority of bankruptcy court.                 
                  (e)  Effect on priorities and timing of employee
                        protection payments.                          
    916.        Repealed.                                             
    917.        Applicability of National Environmental Policy Act.   
    918.        Authority of Railroad Retirement Board.               
    919.        Publications and reports.                             
    920.        Continuation of service.                              
    921.        Office of Rail Public Counsel.                        
    922.        Employee stock ownership plan for surviving portion of
                 Milwaukee Railroad.                                  

-End-



-CITE-
    45 USC Sec. 901                                             01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 18 - MILWAUKEE RAILROAD RESTRUCTURING

-HEAD-
    Sec. 901. Congressional findings

-STATUTE-
      (a) Congress hereby finds that - 
        (1) the severe operating losses and the deteriorating plant and
      equipment of the Milwaukee Railroad threaten to cause cessation
      of its operations in the near future;
        (2) a cessation of operations by the Milwaukee Railroad would
      have serious repercussions on the economies of the States in
      which such railroad principally operates (the States of
      Washington, Montana, Idaho, North Dakota, South Dakota, Illinois,
      Iowa, Missouri, Michigan, Indiana, Minnesota, and Wisconsin);
        (3) a cessation of operations of the Milwaukee Railroad would
      result in the loss of many thousands of jobs of railroad workers
      and other workers whose employment is dependent upon rail service
      over the lines presently operated by the Milwaukee Railroad;
        (4) experienced railroad employees make a valuable contribution
      toward strengthening the railroad industry; and other railroads
      have the ability and willingness to employ displaced employees of
      the Milwaukee Railroad;
        (5) the ownership by employees or by employees and shippers of
      part or all of the Milwaukee Railroad may be a valuable tool in
      reorganization and should be given serious consideration;
        (6) cessation of essential transportation services by the
      Milwaukee Railroad would endanger the public welfare;
        (7) cessation of such services is imminent; and
        (8) there is no other practicable means of obtaining funds to
      meet payroll and other expenses necessary for continuation of
      services and reorganization of the Milwaukee Railroad.

      (b) The Congress declares that emergency measures set forth in
    this chapter must be taken to restructure the Milwaukee Railroad
    and to avoid the potential unemployment and damage to the economy
    of the region and of the Nation which a cessation of essential
    services by the Milwaukee Railroad would otherwise cause.

-SOURCE-
    (Pub. L. 96-101, Sec. 2, Nov. 4, 1979, 93 Stat. 736.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in subsec. (b), was in the original
    "this Act", meaning Pub. L. 96-101, Nov. 4, 1979, 93 Stat. 736, as
    amended, known as the Milwaukee Railroad Restructuring Act, which
    enacted this chapter and amended sections 231f, 662, 721, 821, and
    825 of this title. For complete classification of this Act to the
    Code, see Short Title note set out below and Tables.


-MISC1-
                       SHORT TITLE OF 1983 AMENDMENT                   
      Pub. L. 97-468, title II, Sec. 201, Jan. 14, 1983, 96 Stat. 2543,
    provided that: "This title [amending sections 797c, 907, 913, 915,
    1004, 1005, 1007, 1014, and 1017 of this title, repealing section
    1008 of this title and enacting provisions set out as notes under
    this section] may be referred to as the 'Bankrupt Railroad Service
    Preservation and Employee Protection Act of 1982'."

                                SHORT TITLE                            
      Section 1 of Pub. L. 96-101 provided: "That this Act [enacting
    this chapter and amending sections 231f, 662, 721, 821, and 825 of
    this title] may be cited as the 'Milwaukee Railroad Restructuring
    Act'."

                           STATEMENT OF PURPOSE                       
      Pub. L. 97-468, title II, subtitle A, Sec. 211, Jan. 14, 1983, 96
    Stat. 2543, provided that: "It is the purpose of this subtitle
    [amending sections 915 and 1017 of this title and enacting
    provisions set out as notes under this section] to continue the
    effort by Congress to assure service over the lines of rail
    carriers subject to liquidation in instances where rail carriers
    are willing to provide service over such lines and financially
    responsible persons are willing to purchase the lines for continued
    rail operations."

                          CONGRESSIONAL FINDINGS                      
      Pub. L. 97-468, title II, Sec. 212, Jan. 14, 1983, 96 Stat. 2543,
    provided that: "The Congress finds that - 
        "(1) it is necessary to establish procedures to facilitate and
      expedite the acquisition of rail lines of carriers subject to
      liquidation by financially responsible persons in instances where
      service is not being provided over the line by the carrier and
      where the financially responsible person seeks to provide rail
      service over the line;
        "(2) procedures set forth in the amendments made by this title
      [see Short Title of 1983 Amendment note above] represent an
      exercise of the powers of the Congress under the Constitution to
      regulate commerce among the several States which will provide a
      practicable means for preserving rail service, thus benefiting
      shippers, employees, and the economies of the States in which
      such carriers subject to liquidation have operated service, and
      for facilitating interstate commerce, while at the same time
      providing safeguards to protect the interest of the estates of
      such carriers by requiring compensation which is not less than
      the constitutionally required minimum; and
        "(3) it is in the public interest that the Interstate Commerce
      Commission's authority to issue orders involving temporary
      authority to operate service over lines of carriers subject to
      liquidation be clarified."
      [Interstate Commerce Commission abolished and functions of
    Commission transferred, except as otherwise provided in Pub. L. 104-
    88, 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.]

-End-



-CITE-
    45 USC Sec. 902                                             01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 18 - MILWAUKEE RAILROAD RESTRUCTURING

-HEAD-
    Sec. 902. Definitions

-STATUTE-
      As used in this chapter - 
        (1) the term "bankruptcy court" means the court having
      jurisdiction over the reorganization of the Milwaukee Railroad;
        (2) the term "Board" means the Railroad Retirement Board;
        (3) the term "Commission" means the Interstate Commerce
      Commission;
        (4) the term "employee" - 
          (A) includes any employee of the Milwaukee Railroad who
        worked on a line of such railroad the sale of which became
        effective on October 1, 1979; but
          (B) does not include any individual serving as president,
        vice-president, secretary, treasurer, comptroller, counsel,
        member of the board of directors, or any other person
        performing such functions;

        (5) the term "Milwaukee Railroad" means the Chicago, Milwaukee,
      St. Paul and Pacific Railroad Company; and
        (6) the term "restructured Milwaukee Railroad" means the entity
      that is designated as the reorganized railroad under the
      reorganization plan for the Milwaukee Railroad finally certified
      by the Commission.

-SOURCE-
    (Pub. L. 96-101, Sec. 3, Nov. 4, 1979, 93 Stat. 736; Pub. L. 96-
    254, title I, Sec. 123, May 30, 1980, 94 Stat. 409.)


-MISC1-
                                AMENDMENTS                            
      1980 - Par. (6). Pub. L. 96-254 redefined "restructured Milwaukee
    Railroad" to mean the entity that is designated as the reorganized
    railroad under the reorganization plan for the Milwaukee Railroad
    finally certified by the Commission.


-TRANS-
        ABOLITION OF INTERSTATE COMMERCE COMMISSION AND TRANSFER OF
                                 FUNCTIONS
      Interstate Commerce Commission abolished and functions of
    Commission transferred, except as otherwise provided in Pub. L. 104-
    88, 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.

-End-



-CITE-
    45 USC Sec. 903                                             01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 18 - MILWAUKEE RAILROAD RESTRUCTURING

-HEAD-
    Sec. 903. Sales and transfers

-STATUTE-
      (a) The Milwaukee Railroad may negotiate and enter into
    agreements to sell, to another rail carrier or any other person,
    all or any portion of its rail properties used in railroad
    operations as of October 15, 1979. Such sale agreements may in no
    event become final and effective until the occurrence of an event
    described in section 920(b) of this title, or April 1, 1980,
    whichever first occurs. In taking action under this subsection, the
    Milwaukee Railroad may consult with the Secretary of
    Transportation.
      (b)(1) The Secretary of Transportation, under the authority of
    section 333 of title 49, may develop plans, participate in
    negotiations, and recommend to the trustee proposals for the sale
    or transfer of any rail properties of the Milwaukee Railroad which
    are used in rail operations as of October 15, 1979. In taking
    action under this paragraph, the Secretary shall give preference to
    financially responsible persons, including governmental entities,
    negotiating for the purchase of any lines with the intent of
    providing common carrier service.
      (2) Any sale or transfer proposal developed under paragraph (1)
    of this subsection shall be submitted to the bankruptcy court. Such
    a proposal may in no event become final or effective until the
    occurrence of an event described in section 920(b) of this title,
    or April 1, 1980, whichever first occurs.

-SOURCE-
    (Pub. L. 96-101, Sec. 4, Nov. 4, 1979, 93 Stat. 737.)

-COD-
                               CODIFICATION                           
      In subsec. (b)(1), "section 333 of title 49" was substituted for
    "section 5(a)-(e) of the Department of Transportation Act [49
    U.S.C. 1654(a)-(e)]", on authority of Pub. L. 97-449, Sec. 6(b),
    Jan. 12, 1983, 96 Stat. 2443, the first section of which enacted
    subtitle I (Sec. 101 et seq.) and chapter 31 (Sec. 3101 et seq.) of
    subtitle II of Title 49, Transportation.

-End-



-CITE-
    45 USC Sec. 904                                             01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 18 - MILWAUKEE RAILROAD RESTRUCTURING

-HEAD-
    Sec. 904. Court approved abandonments and sales

-STATUTE-
    (a) Abandonment of lines of railroad under section 1170 of title 11
      (1) Upon the occurrence of an event described in section 920(b)
    of this title, or on April 1, 1980, whichever first occurs, the
    bankruptcy court may authorize the abandonment of lines of the
    Milwaukee Railroad pursuant to section 1170 of title 11. Pending
    the expiration of the time for appeal of an abandonment order or
    the determination of any such appeal, the bankruptcy court may
    authorize the termination of service on a line to be abandoned, and
    the order authorizing such termination may not be stayed. In
    authorizing any abandonment pursuant to this section, the court
    shall require the carrier to provide a fair arrangement at least as
    protective of the interests of employees as that required under
    section 11347 (!1) of title 49.

      (2) Prior to the date specified in paragraph (1) of this
    subsection, the bankruptcy court may hear and consider any request
    for the abandonment of lines of the Milwaukee Railroad, and may fix
    the time for the Commission's report on the request, but it may
    take final action authorizing such abandonment only in accordance
    with such paragraph (1).
    (b) Sale or transfer of lines of railroad
      (1) Upon the occurrence of an event described in section 920(b)
    of this title, or on April 1, 1980, whichever first occurs, the
    bankruptcy court may authorize the sale or transfer of a line of
    the Milwaukee Railroad to be used in continued rail operations,
    subject to the approval of the Commission under paragraph (2) of
    this subsection. In authorizing any such sale or transfer, the
    court shall provide a fair arrangement at least as protective of
    the interest (!2) of employees as that required under section 11347
    (!1) of title 49.

      (2) The bankruptcy court may not authorize a sale or transfer
    pursuant to paragraph (1) of this subsection unless an appropriate
    application with respect to such sale or transfer is initiated with
    the Commission and, within such time as the court may fix, not
    exceeding 180 days, the Commission, with or without a hearing, as
    the Commission may determine, and with or without modification or
    condition, approves such application, or does not act on such
    application. Any action or order of the Commission approving,
    modifying, conditioning, or disapproving such application is
    subject to review by the court only under sections 706(2)(A),
    706(2)(B), 706(2)(C), and 706(2)(D) of title 5. An application may
    be initiated with the Commission prior to the date specified in
    paragraph (1) of this subsection.
      (3) Pending review of an application by the Commission pursuant
    to paragraph (2) of this subsection, the bankruptcy court may, on a
    preliminary basis, authorize the sale or transfer of lines of the
    Milwaukee Railroad to another rail carrier. The court may permit
    the purchasing carrier to operate interim service as a common
    carrier over the lines to be purchased, without regard to section
    10901 of title 49. In operating such service, the purchasing
    carrier shall use employees of the Milwaukee Railroad to the extent
    necessary for the operation of such service. The bankruptcy court
    may take final action authorizing any such sale or transfer only in
    accordance with paragraph (1) of this subsection.
    (c) Effect on priorities and timing of employee protection payments
      Nothing in this section shall be deemed to affect the priorities
    or timing of payment of employee protection which might have
    existed in the absence of this chapter.

-SOURCE-
    (Pub. L. 96-101, Sec. 5, Nov. 4, 1979, 93 Stat. 737.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 11347 of title 49, referred to in subsecs. (a)(1) and
    (b)(1), was omitted in the general amendment of subtitle IV of
    Title 49, Transportation, by Pub. L. 104-88, title I, Sec. 102(a),
    Dec. 29, 1995, 109 Stat. 804. Provisions similar to those in
    section 11347 are contained in section 11326(a) of Title 49.


-TRANS-
        ABOLITION OF INTERSTATE COMMERCE COMMISSION AND TRANSFER OF
                                 FUNCTIONS
      Interstate Commerce Commission abolished and functions of
    Commission transferred, except as otherwise provided in Pub. L. 104-
    88, 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.

-FOOTNOTE-
    (!1) See References in Text note below.

    (!2) So in original. Probably should be "interests".


-End-



-CITE-
    45 USC Sec. 905                                             01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 18 - MILWAUKEE RAILROAD RESTRUCTURING

-HEAD-
    Sec. 905. Employee or employee-shipper ownership plan

-STATUTE-
    (a) Submission of plan to Commission; approval; findings
      (1) No later than December 1, 1979, an association composed of
    representatives of national railway labor organizations, employee
    coalitions, and shippers (or any combination of the foregoing) may
    submit to the Commission a single plan for converting all or a
    substantial part of the Milwaukee Railroad into an employee or
    employee-shipper owned company and a method for implementing such
    plan. The plan shall include a comprehensive evaluation of the
    prospects for the financial self-sustainability of the Milwaukee
    Railroad.
      (2) The Commission shall, within 30 days after the date of
    submission of a plan under paragraph (1) of this subsection,
    approve the proposed plan if it finds that such plan is feasible.
    The finding of the Commission with respect to the feasibility of
    the plan shall be made pursuant to section 554 of title 5.
      (3) The Commission shall make a finding that the plan submitted
    under this section is feasible if it determines that - 
        (A) adequate public and private financing is available to the
      proponents of such plan;
        (B) such plan is fair and equitable to the estate of the
      Milwaukee Railroad;
        (C) implementation of such plan will occur by April 1, 1980;
        (D) the railroad proposed to be operated under the plan can be
      operated on a self-sustaining basis; and
        (E) the plan contains an assessment of all operating practices,
      and includes agreements by labor and management to make
      implementing changes designed to achieve labor productivity
      increases (which may include changes in work rules to increase
      productivity) consistent with safe operations and adequate
      service.

    For purposes of the determinations under this paragraph, adequate
    financing shall include all sources of private funds, the probable
    value and priority of valid claims against the estate, and Federal,
    State, or local funds available under programs (in existence as of
    January 1, 1980) which are or will be available to the proponent
    and which the proponent is likely to obtain.
    (b) Submission of findings to bankruptcy court
      If the Commission finds that the plan submitted under this
    section is feasible, it shall submit its finding to the bankruptcy
    court. Within 10 days after the date of such submission, the
    bankruptcy court shall, after a hearing, determine whether such
    plan is fair and equitable to the estate of the Milwaukee Railroad.
    The Commission's determination with respect to that issue shall be
    rebutted only by clear and convincing evidence.
    (c) Implementation of plan
      If the Commission finds that the plan is feasible and the
    bankruptcy court determines that the plan is fair and equitable to
    the estate of the Milwaukee Railroad, the proponents of such plan
    shall implement the plan no later than April 1, 1980.
    (d) Judicial review
      Except as provided in this section, the findings of the
    Commission with respect to the plan shall not be subject to review.
    (e) Furnishing of reports and other information for preparation of
      plan
      (1) The trustee of the Milwaukee Railroad shall promptly provide
    to the person engaged in developing the employee or employee and
    shipper ownership plan under this section - 
        (A) its most recent reports on the physical condition of the
      railroad; and
        (B) traffic, revenue, marketing, and other data necessary to
      determine the amount of the acquisition cost of the railroad or
      portion of the railroad that would be required to continue rail
      transportation over the railroad line.

      (2) Information provided pursuant to this subsection shall be
    used only for purposes of preparing a plan and shall not be
    disclosed to any competitor or, unless necessary in connection with
    the preparation of the plan, to any customer of the Milwaukee
    Railroad.

-SOURCE-
    (Pub. L. 96-101, Sec. 6, Nov. 4, 1979, 93 Stat. 738.)


-TRANS-
        ABOLITION OF INTERSTATE COMMERCE COMMISSION AND TRANSFER OF
                                 FUNCTIONS
      Interstate Commerce Commission abolished and functions of
    Commission transferred, except as otherwise provided in Pub. L. 104-
    88, 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.

-End-



-CITE-
    45 USC Sec. 906                                             01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 18 - MILWAUKEE RAILROAD RESTRUCTURING

-HEAD-
    Sec. 906. Guarantee of trustee certificates

-STATUTE-
    (a) to (c) Omitted
    (d) Authorization
      The Secretary of Transportation shall, under the authority of the
    Emergency Rail Services Act of 1970 [45 U.S.C. 661 et seq.],
    immediately guarantee trustee certificates of the Milwaukee
    Railroad, on the basis of an estimate of the amount required to be
    provided under subsection (e) of this section, for purposes of
    allowing the Milwaukee Railroad, commencing November 1, 1979, to
    maintain its entire railroad system in accordance with section 920
    of this title, and as required to finance operations which the
    Milwaukee Railroad continues for the 60-day period beginning on the
    date of the occurrence of an event described in section 920(b) of
    this title or on April 1, 1980, whichever first occurs. Such
    guarantee shall be made without regard to the findings set forth in
    section 3(a) of the Emergency Rail Services Act of 1970 [45 U.S.C.
    662(a)], and the provisions of section 3(b)(3) [45 U.S.C.
    662(b)(3)] and the last two sentences of section 3(d) of such Act
    [45 U.S.C. 662(d)] shall not apply to such guarantee.
    (e) Amount of guarantee
      The Secretary shall guarantee trustee certificates of the
    Milwaukee Railroad pursuant to this section in an amount equal to
    the difference between (1) the total expenses incurred by such
    railroad attributable to the maintenance and the continuation of
    service in accordance with subsection (d) of this section, and (2)
    the revenues of such railroad.
    (f) Subordination of claims
      Notwithstanding the provisions of section 3(c) of the Emergency
    Rail Services Act of 1970 [45 U.S.C. 662(c)], certificates
    guaranteed under this chapter shall be subordinated to the claims
    of any creditors of the Milwaukee Railroad as of November 4, 1979.
    (g) Availability of funds
      The Commission shall immediately make available to the Secretary
    of Transportation the sum of $10,000,000, out of funds available
    for directed service under title 49. The Secretary of
    Transportation shall immediately make such funds available to the
    trustee of the Milwaukee Railroad for purposes of financing the
    operations of the Milwaukee Railroad, beginning November 1, 1979,
    in accordance with section 920 of this title.
    (h) Cancellation of United States obligations
      (1) All obligations to the United States or any agency or
    instrumentality of the United States incurred pursuant to this
    section by the Milwaukee Railroad or the trustee of the property of
    the Milwaukee Railroad shall be waived and canceled when - 
        (A) the Milwaukee Railroad is reorganized as an operating rail
      carrier; or
        (B) substantially all of the Milwaukee Railroad is purchased.

      (2) For purposes of this subsection, substantially all of the
    Milwaukee Railroad shall be considered as having been purchased
    when (A) more than 50 percent of the rail system operated by the
    Milwaukee Railroad on October 14, 1980, has been purchased, and (B)
    more than 50 percent of the employees employed by the Milwaukee
    Railroad on October 14, 1980, have obtained employment with other
    rail carriers.

-SOURCE-
    (Pub. L. 96-101, Sec. 7(less (a)-(c)), Nov. 4, 1979, 93 Stat. 740;
    Pub. L. 96-448, title VII, Sec. 701(c)(1), Oct. 14, 1980, 94 Stat.
    1961.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Emergency Rail Services Act of 1970, referred to in subsec.
    (d), is Pub. L. 91-663, Jan. 8, 1971, 84 Stat. 1975, as amended,
    which is classified generally to chapter 15 (Sec. 661 et seq.) of
    this title. For complete classification of this Act to the Code,
    see Short Title note set out under section 661 of this title and
    Tables.
      Directed service under title 49, referred to in subsec. (g),
    probably refers to directed service under section 11125 of Title
    49, Transportation, prior to the general amendment of subtitle IV
    of Title 49, by Pub. L. 104-88, Sec. 102(a).

-COD-
                               CODIFICATION                           
      Subsecs. (a) to (c) of this section amended section 662 of this
    title.


-MISC1-
                                AMENDMENTS                            
      1980 - Subsec. (h). Pub. L. 96-448 added subsec. (h).

                     EFFECTIVE DATE OF 1980 AMENDMENT                 
      Amendment by Pub. L. 96-448 effective Oct. 14, 1980, see section
    710(d) of Pub. L. 96-448, set out as a note under section 1170 of
    Title 11, Bankruptcy.


-TRANS-
        ABOLITION OF INTERSTATE COMMERCE COMMISSION AND TRANSFER OF
                                 FUNCTIONS
      Interstate Commerce Commission abolished and functions of
    Commission transferred, except as otherwise provided in Pub. L. 104-
    88, 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.

-End-



-CITE-
    45 USC Sec. 907                                             01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 18 - MILWAUKEE RAILROAD RESTRUCTURING

-HEAD-
    Sec. 907. Railroad hiring

-STATUTE-
      Each person who is an employee of the Milwaukee Railroad on
    September 30, 1979, and who is separated or furloughed from his
    employment with such railroad (other than for cause) prior to April
    1, 1984, as a result of a reduction of service by such railroad
    shall, unless found to be less qualified than other applicants,
    have the first right of hire by any other rail carrier that is
    subject to regulation by the Commission for any vacancy that is not
    covered by (1) an affirmative action plan, or a hiring plan
    designed to eliminate discrimination, that is required by Federal
    or State statute, regulation, or executive order, or by the order
    of a Federal court or agency, or (2) a permissible voluntary
    affirmative action plan. For purposes of this section, a rail
    carrier shall not be considered to be hiring new employees when it
    recalls any of its own furloughed employees.

-SOURCE-
    (Pub. L. 96-101, Sec. 8, Nov. 4, 1979, 93 Stat. 740; Pub. L. 97-
    468, title II, Sec. 236(a), Jan. 14, 1983, 96 Stat. 2547.)


-MISC1-
                                AMENDMENTS                            
      1983 - Pub. L. 97-468 substituted "April 1, 1984" for "April 1,
    1981".


-TRANS-
        ABOLITION OF INTERSTATE COMMERCE COMMISSION AND TRANSFER OF
                                 FUNCTIONS
      Interstate Commerce Commission abolished and functions of
    Commission transferred, except as otherwise provided in Pub. L. 104-
    88, 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.


-MISC2-
      EXEMPTION OF NATIONAL RAILROAD PASSENGER CORPORATION IN HIRING
                   QUALIFIED TRAIN AND ENGINE EMPLOYEES
      Section inapplicable to National Railroad Passenger Corporation
    in hiring of qualified train and engine employees holding seniority
    rights to work in intercity rail passenger service in connection
    with the assumption by such Corporation of functions previously
    performed under contract by other carriers, see section 4011(c) of
    Pub. L. 99-272, set out as a note under section 797b of this title.

-End-



-CITE-
    45 USC Sec. 908                                             01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 18 - MILWAUKEE RAILROAD RESTRUCTURING

-HEAD-
    Sec. 908. Employee protection agreements

-STATUTE-
    (a) Agreement between Milwaukee Railroad and labor organizations
      The Milwaukee Railroad and labor organizations representing the
    employees of such railroad may, not later than 20 days after
    November 4, 1979, enter into an agreement providing protection for
    employees of such railroad who are adversely affected as a result
    of a reduction in service by such railroad or a restructuring
    transaction carried out by such railroad. Such employee protection
    may include, but need not be limited to, interim employee
    assistance, moving expenses, employee relocation incentive
    compensation, and separation allowances.
    (b) Submission of matter to National Mediation Board
      If the Milwaukee Railroad and the labor organizations
    representing the employees of such railroad are unable to enter
    into an employee protection agreement under subsection (a) of this
    section within 20 days after November 4, 1979, the parties shall
    immediately submit the matter to the National Mediation Board. The
    National Mediation Board shall attempt, by mediation, to bring the
    parties to an agreement with respect to employee protection no
    later than 40 days after November 4, 1979.
    (c) Fair and equitable agreements
      (1) If the National Mediation Board is unable to bring the
    parties to an agreement under subsection (b) of this section within
    40 days after November 4, 1979, the Milwaukee Railroad and the
    labor organizations representing the employees of such railroad
    shall immediately enter into an employee protection agreement that
    is fair and equitable.
      (2) If an employee protection agreement is entered into under
    this subsection, any claim of an employee for benefits and
    allowances under such agreement shall be filed with the Board in
    such time and manner as the Board by regulation shall prescribe.
    The Board shall determine the amount for which such employee is
    eligible under such agreement and shall certify such amount to the
    Milwaukee Railroad for payment.
    (d) Payment of benefits and allowances
      Benefits and allowances under an employee protection agreement
    entered into under this section shall be paid by the Milwaukee
    Railroad in accordance with section 914 of this title, and claims
    of employees for such benefits and allowances shall be treated as
    administrative expenses of the estate of the Milwaukee Railroad.

-SOURCE-
    (Pub. L. 96-101, Sec. 9, Nov. 4, 1979, 93 Stat. 741.)

-End-



-CITE-
    45 USC Sec. 909                                             01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 18 - MILWAUKEE RAILROAD RESTRUCTURING

-HEAD-
    Sec. 909. Supplementary unemployment insurance

-STATUTE-
    (a) Eligible employees
      Any employee of the Milwaukee Railroad - 
        (1) who (A) is employed by the restructured Milwaukee Railroad,
      and (B) is separated from that employment by reason of any
      reduction in service by such railroad prior to April 1, 1984; or
        (2) who (A) is separated from his employment with the Milwaukee
      Railroad in connection with a restructuring transaction carried
      out by such railroad, and obtains employment, prior to April 1,
      1981, with another rail carrier, and (B) is separated from
      employment with such other carrier prior to April 1, 1984,

    shall be entitled to receive monthly supplementary unemployment
    insurance in accordance with the provisions of this section.
    (b) Period of payment
      Each employee described in subsection (a) of this section shall
    be entitled to receive supplementary unemployment insurance during
    each month in which such employee is not employed, for all or a
    portion of such month, by the Milwaukee Railroad or another rail
    carrier. Each such employee shall be entitled to receive such
    insurance for a total of not more than 36 months, except that - 
        (1) the period of entitlement for assistance under this section
      shall not exceed the employee's total months of service with the
      Milwaukee Railroad; and
        (2) no compensation shall be provided under this section after
      April 1, 1984, unless it is necessary in order to provide an
      employee with at least 8 months of such insurance, but after such
      date, such employee only shall receive such 8-month minimum if
      such employee is not employed continuously after such date.
    (c) Amount of payment
      Supplementary unemployment insurance under this section shall be
    payable to an employee on a monthly basis in an amount equal to - 
        (1) eighty percent of such employee's average monthly normal
      compensation from employment with the Milwaukee Railroad during
      the period beginning June 1, 1977, and ending on November 4,
      1979, less
        (2) the sum of (A) the amount of any benefits payable to such
      employee for such month under the Railroad Unemployment Insurance
      Act [45 U.S.C. 351 et seq.] or under any State unemployment
      insurance program, and (B) the amount of any earnings of such
      employee for such month from employment or self-employment of any
      kind.
    (d) Filing of application
      An application for supplementary unemployment insurance shall be
    filed with the Board in such time and manner as the Board by
    regulation shall prescribe.
    (e) Insurance as compensation
      Any supplementary unemployment insurance received by any employee
    pursuant to this section shall be considered to be compensation
    solely - 
        (1) for purposes of the Railroad Retirement Act of 1974 (45
      U.S.C. 231 et seq.); and
        (2) for purposes of determining the compensation received by
      such employee in any base year under the Railroad Unemployment
      Insurance Act [45 U.S.C. 351 et seq.].
    (f) Employees not covered
      (1) The provisions of this section shall not apply to an employee
    in the event of his resignation, retirement, or discharge for cause
    from the employment of any rail carrier.
      (2) An employee shall not be entitled to receive supplementary
    unemployment insurance under this section if he has failed to
    exhaust all seniority rights or other employment rights under
    applicable collective bargaining agreements.
      (3) An employee shall not be entitled to receive supplementary
    unemployment insurance under this section for any month or portion
    of a month in which such employee is unemployed due to normal
    seasonal unemployment patterns in the railroad industry.
    (g) Furloughed employees
      For purposes of this section, any employee of the Milwaukee
    Railroad who is furloughed shall be considered to be separated from
    his employment.

-SOURCE-
    (Pub. L. 96-101, Sec. 10(a)-(g), Nov. 4, 1979, 93 Stat. 741, 742.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Railroad Unemployment Insurance Act, referred to in subsecs.
    (c)(2) and (e)(2), is act June 25, 1938, ch. 680, 52 Stat. 1094, as
    amended, which is classified principally to chapter 11 (Sec. 351 et
    seq.) of this title. For complete classification of this Act to the
    Code, see section 367 of this title and Tables.
      The Railroad Retirement Act of 1974, referred to in subsec.
    (e)(1), is act Aug. 29, 1935, ch. 812, as amended generally by Pub.
    L. 93-445, title I, Sec. 101, Oct. 16, 1974, 88 Stat. 1305, which
    is classified generally to subchapter IV (Sec. 231 et seq.) of
    chapter 9 of this title. For further details and complete
    classification of this Act to the Code, see Codification note set
    out preceding section 231 of this title, section 231t of this
    title, and Tables.

-COD-
                               CODIFICATION                           
      Section is comprised of subsecs. (a) to (g) of section 10 of Pub.
    L. 96-101. Subsec. (h) of section 10 amended section 231f(b)(7) of
    this title.

-End-



-CITE-
    45 USC Sec. 910                                             01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 18 - MILWAUKEE RAILROAD RESTRUCTURING

-HEAD-
    Sec. 910. Repealed. Pub. L. 97-35, title XI, Sec. 1144(b), Aug. 13,
      1981, 95 Stat. 669

-MISC1-
      Section, Pub. L. 96-101, Sec. 11, Nov. 4, 1979, 93 Stat. 742, set
    forth provisions respecting employment of Milwaukee Railroad
    employees. See section 797c of this title.

                         EFFECTIVE DATE OF REPEAL                     
      Repeal effective Aug. 13, 1981, see section 1169 of Pub. L. 97-
    35, set out as an Effective Date note under section 1101 of this
    title.

-End-



-CITE-
    45 USC Sec. 911                                             01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 18 - MILWAUKEE RAILROAD RESTRUCTURING

-HEAD-
    Sec. 911. New career training assistance

-STATUTE-
    (a) Eligible employees
      Any employee who elects to receive a separation allowance from
    the Milwaukee Railroad under an employee protection agreement
    entered into under section 908 of this title shall be entitled to
    receive from the Board expenses for training in qualified
    institutions for new career opportunities.
    (b) Commencement of training as condition
      To be entitled for assistance under this section, an employee
    must begin his course of training within two years following the
    date of his separation from employment with the Milwaukee Railroad.
    (c) Filing of application; Board determination
      Entitlement to expenses for assistance under this section shall
    be determined by the Board on the basis of an application therefor
    filed by an employee with the Board.
    (d) Assistance prohibited after April 1, 1984
      No assistance may be provided under this section after April 1,
    1984.
    (e) Definitions
      As used in this section - 
        (1) the term "expenses" means actual expenses paid for room,
      board, tuition, fees, or educational material in an amount not to
      exceed $3,000; and
        (2) the term "qualified institution" means an educational
      institution accredited for payment by the Veterans'
      Administration under chapter 36 of title 38, or a State-
      accredited institution which has been in existence for not less
      than two years.

-SOURCE-
    (Pub. L. 96-101, Sec. 12, Nov. 4, 1979, 93 Stat. 743; Pub. L. 96-
    254, title I, Sec. 119(f), May 30, 1980, 94 Stat. 408.)


-MISC1-
                                AMENDMENTS                            
      1980 - Subsec. (e)(2). Pub. L. 96-254 inserted reference to State-
    accredited institutions which have been in existence for not less
    than two years.

-CHANGE-
                              CHANGE OF NAME                          
      Reference to Veterans' Administration deemed to refer to
    Department of Veterans Affairs pursuant to section 10 of Pub. L.
    100-527, set out as a Department of Veterans Affairs Act note under
    section 301 of Title 38, Veterans' Benefits.

-End-



-CITE-
    45 USC Sec. 912                                             01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 18 - MILWAUKEE RAILROAD RESTRUCTURING

-HEAD-
    Sec. 912. Election

-STATUTE-
      Any employee who receives any assistance under section 909 or
    section 911 of this title or under an employee protection agreement
    entered into under section 908 of this title shall be deemed to
    waive any employee protection benefits otherwise available to such
    employee under the Bankruptcy Act, subtitle IV of title 49, or any
    applicable contract or agreement.

-SOURCE-
    (Pub. L. 96-101, Sec. 13, Nov. 4, 1979, 93 Stat. 743.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 909 of this title, referred to in text, was in the
    original "section 10", meaning section 10 of Pub. L. 96-101, Nov.
    4, 1979, 93 Stat. 741. Subsecs. (a) to (g) of section 10 are
    classified to section 909 of this title. Subsec. (h) of section 10
    amended section 231f(b)(7) of this title.
      The Bankruptcy Act, referred to in text, is act July 1, 1898, ch.
    541, 30 Stat. 544, as amended, which was classified generally to
    former Title 11, Bankruptcy. The Act was repealed effective Oct. 1,
    1979, by Pub. L. 95-598, Secs. 401(a), 402(a), Nov. 6, 1978, 92
    Stat. 2682, section 101 of which enacted revised Title 11. For
    current provisions relating to railroad reorganization, see
    subchapter IV (Sec. 1161 et seq.) of chapter 11 of Title 11.

-End-



-CITE-
    45 USC Sec. 913                                             01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 18 - MILWAUKEE RAILROAD RESTRUCTURING

-HEAD-
    Sec. 913. Authorization of appropriations

-STATUTE-
      (a) There is authorized to be appropriated to provide
    supplementary unemployment insurance under section 909 of this
    title not to exceed $5,000,000.
      (b) There is authorized to be appropriated for new career
    training assistance under section 911 of this title not to exceed
    $1,500,000.
      (c) There is authorized to be appropriated to the Board to carry
    out its administrative expenses under this chapter and the Rock
    Island Railroad Transition and Employee Assistance Act [45 U.S.C.
    1001 et seq.] not to exceed $750,000. Effective October 1, 1980,
    there is authorized to be appropriated to the Board an additional
    $1,000,000 to carry out its administrative expenses under this
    chapter and the Rock Island Railroad Transition and Employee
    Assistance Act [45 U.S.C. 1001 et seq.].
      (d) There are authorized to be appropriated $15,000,000 for
    purposes of providing transaction assistance in accordance with
    section 825(h)(1)(A) and (B) of this title.
      (e) Amounts appropriated under this section are authorized to
    remain available until expended.

-SOURCE-
    (Pub. L. 96-101, Sec. 14, Nov. 4, 1979, 93 Stat. 743; Pub. L. 96-
    254, title I, Sec. 109, May 30, 1980, 94 Stat. 403; Pub. L. 96-
    448, title VII, Sec. 701(c)(2), Oct. 14, 1980, 94 Stat. 1961; Pub.
    L. 97-468, title II, Sec. 234(b), Jan. 14, 1983, 96 Stat. 2547.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 909 of this title, referred to in subsec. (a), was in the
    original "section 10", meaning section 10 of Pub. L. 96-101, Nov.
    4, 1979, 93 Stat. 741. Subsecs. (a) to (g) of section 10 are
    classified to section 909 of this title. Subsec. (h) of section 10
    amended section 231f(b)(7) of this title.
      The Rock Island Railroad Transition and Employee Assistance Act,
    referred to in subsec. (c), is title I of Pub. L. 96-254, May 30,
    1980, 94 Stat. 399, which is classified principally to chapter 19
    (Sec. 1001 et seq.) of this title. For complete classification of
    this Act to the Code, see Short Title note set out under section
    1001 of this title and Tables.
      Section 825 of this title, referred to in subsec. (d), was
    repealed by Pub. L. 105-178, title VII, Sec. 7203(a)(2), June 9,
    1998, 112 Stat. 477.


-MISC1-
                                AMENDMENTS                            
      1983 - Subsec. (b). Pub. L. 97-468 struck out provision that,
    effective Oct. 1, 1980, there was authorized to be appropriated an
    additional $1,500,000 for new career training assistance under
    section 911 of this title and section 1014 of this title.
      1980 - Subsec. (b). Pub. L. 96-254, Sec. 109(b), inserted
    provisions authorizing an appropriation of an additional
    $1,500,000, effective Oct. 1, 1980, for career training assistance
    under section 911 of this title and section 1014 of this title.
      Subsec. (c). Pub. L. 96-254, Sec. 109(a), inserted provisions
    authorizing the use of previously appropriated funds to carry out
    administrative expenses under the Rock Island Railroad Transition
    and Employee Assistance Act and authorizing an appropriation of an
    additional $1,000,000, effective Oct. 1, 1980, to carry out
    administrative expenses under this chapter and the Rock Island
    Railroad Transition and Employee Assistance Act.
      Subsecs. (d), (e). Pub. L. 96-448 added subsec. (d) and
    redesignated former subsec. (d) as (e).

                     EFFECTIVE DATE OF 1980 AMENDMENT                 
      Amendment by Pub. L. 96-448 effective Oct. 14, 1980, see section
    710(d) of Pub. L. 96-448, set out as a note under section 1170 of
    Title 11, Bankruptcy.

-End-



-CITE-
    45 USC Sec. 914                                             01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 18 - MILWAUKEE RAILROAD RESTRUCTURING

-HEAD-
    Sec. 914. Obligation guarantees

-STATUTE-
    (a) Authorization
      The Secretary of Transportation, under the authority of section
    831 of this title, shall guarantee obligations of the Milwaukee
    Railroad for purposes of providing employee protection in
    accordance with the terms of the employee protection agreement
    entered into under section 908 of this title. Guarantees under this
    section shall be entered into without regard to the requirements of
    subsection (g) of section 831 of this title.
    (b) Obligations as administrative expense
      Any obligation guaranteed pursuant to this section shall be
    treated as an administrative expense of the estate of the Milwaukee
    Railroad.
    (c) Limit on aggregate unpaid principal amount
      The aggregate unpaid principal amount of obligations which may be
    guaranteed by the Secretary pursuant to this section shall not
    exceed $75,000,000.
    (d) Limit on total liability
      The total liability of the Milwaukee Railroad in connection with
    benefits and allowances provided under an employee protection
    agreement entered into under section 908 of this title shall not
    exceed $75,000,000.
    (e) Liability of United States respecting section 908 agreements
      Except in connection with obligations guaranteed under this
    section, the United States shall incur no liability to employees in
    connection with any employee protection agreement entered into
    under section 908 of this title.
    (f) Applicability of section 836 of this title
      Section 836 of this title shall not apply to any obligation
    guaranteed under this section.

-SOURCE-
    (Pub. L. 96-101, Sec. 15, Nov. 4, 1979, 93 Stat. 743; Pub. L. 96-
    448, title VII, Sec. 701(a)(3), Oct. 14, 1980, 94 Stat. 1959.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 831 of this title, referred to in subsec. (a), was
    repealed by Pub. L. 105-178, title VII, Sec. 7203(a)(2), June 9,
    1998, 112 Stat. 477, except for subsec. (c) of that section, which
    was renumbered and transferred to section 823(b) of this title by
    section 7203(a)(4) of Pub. L. 105-178.


-MISC1-
                                AMENDMENTS                            
      1980 - Subsec. (e). Pub. L. 96-448 inserted "to employees" after
    "no liability".

                     EFFECTIVE DATE OF 1980 AMENDMENT                 
      Amendment by Pub. L. 96-448 effective Oct. 14, 1980, see section
    710(d) of Pub. L. 96-448, set out as a note under section 1170 of
    Title 11, Bankruptcy.

-End-



-CITE-
    45 USC Sec. 915                                             01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 18 - MILWAUKEE RAILROAD RESTRUCTURING

-HEAD-
    Sec. 915. Court approved abandonment and sales in pending cases

-STATUTE-
    (a) Abandonment of lines of railroad under Bankruptcy Act
      Notwithstanding any other provision of law, in any case pending
    under section 77 of the Bankruptcy Act on November 4, 1979, the
    court may authorize the abandonment of lines of railroad pursuant
    to section 1170 of title 11. Pending the expiration of the time for
    appeal of an abandonment order or the determination of any such
    appeal, the court may authorize the termination of service on a
    line to be abandoned, and the order authorizing such termination
    may not be stayed. In authorizing any abandonment pursuant to this
    section, the court shall require the carrier to provide a fair
    arrangement at least as protective of the interests of employees as
    that required under section 11347 (!1) of title 49.

    (b) Sale or transfer of lines of railroad under Bankruptcy Act
      (1) Notwithstanding any other provision of law, in any case
    pending under section 77 of the Bankruptcy Act on November 4, 1979,
    the court may authorize the sale or transfer of a line of railroad
    to be used in continued rail operations, subject to the approval of
    the Commission under paragraph (2) of this subsection, if the
    application with respect to such sale or transfer is filed with the
    Commission on or after November 1, 1979. In authorizing any such
    sale or transfer, the court shall provide a fair arrangement at
    least as protective of the interests of employees as that required
    under section 11347 (!1) of title 49.
      (2) The court described in paragraph (1) may not authorize a sale
    or transfer pursuant to such paragraph unless an appropriate
    application with respect to such sale or transfer is initiated with
    the Commission and, within such time as the court may fix, not
    exceeding 180 days, the Commission, with or without a hearing, as
    the Commission may determine, and with or without modification or
    condition, approves such application, or does not act on such
    application. Any action or order of the Commission approving,
    modifying, conditioning, or disapproving such application is
    subject to review by the court only under sections 706(2)(A),
    706(2)(B), 706(2)(C), and 706(2)(D) of title 5.
      (3)(A) If a person has made or makes an offer to acquire from a
    carrier subject to liquidation a rail line or lines over which no
    service is provided by that carrier, and that offer has been or is
    rejected by the trustee in bankruptcy of such carrier, such person
    may submit an application to the Commission seeking approval of
    such person's acquisition of such line or lines. A copy of any such
    application shall be filed simultaneously with the court.
      (B) The Commission shall, within 15 days after the filing of an
    application under subparagraph (A) of this paragraph, determine
    whether the applicant - 
        (i) is a financially responsible person; and
        (ii) has made a bona fide offer to acquire the line or lines
      under reasonable terms.

      (C)(i) If the Commission's determination under subparagraph (B)
    of this paragraph is affirmative with respect to the matters
    referred to in clauses (i) and (ii) of such subparagraph, the
    applicant and the trustee in bankruptcy (hereafter in this
    paragraph referred to collectively as the "parties") shall enter
    into negotiations with respect to terms for the acquisition of the
    line or lines applied for. If the parties at any time agree on such
    terms, a request for approval of the acquisition shall be filed
    with the Commission and the court. If the parties are unable to
    agree to such terms within 30 days after the date of the
    Commission's determination under subparagraph (B) of this
    paragraph, either party may, within 60 days after the expiration of
    such 30-day period, request the Commission to prescribe terms for
    such acquisition, including compensation for the line or lines to
    be acquired. The Commission shall prescribe such terms within 60
    days after any such request is made. The terms prescribed by the
    Commission shall be binding upon both parties, subject to court
    review as provided in subparagraph (D) of this paragraph, except
    that the applicant may withdraw its offer within 10 days after the
    Commission prescribes such terms.
      (ii) If more than one applicant has requested under this
    subparagraph that the Commission prescribe the terms of acquisition
    for the same or overlapping lines or portions of such lines, the
    Commission shall prescribe terms for such acquisition which it
    determines best serve the public interest.
      (D)(i) Within 15 days after the Commission prescribes terms under
    subparagraph (C) of this paragraph, the Commission shall transmit
    such terms to the court, unless the offer is withdrawn under such
    subparagraph. Notwithstanding any other provision of law, the court
    shall, within 60 days after such transmittal, approve the
    acquisition under terms prescribed by the Commission if the
    compensation for the line or lines is not less than that required
    as a constitutional minimum.
      (ii) Except as provided in this subparagraph, no action shall be
    taken by the court which would prejudice the acquisition which is
    the subject of an application under this paragraph.
      (E) The Commission shall require that any person acquiring a line
    or lines under this paragraph use, to the maximum extent
    practicable, employees or former employees of the carrier subject
    to liquidation in the operation of service on such line or lines.
      (F) No person acquiring a line under this paragraph may transfer
    or discontinue service on such line prior to the expiration of 4
    years after such acquisition.
      (G) The Commission shall, within 45 days after January 14, 1983,
    prescribe such regulations and procedures as are necessary to carry
    out the provisions of this paragraph.
      (H) As used in this paragraph, the term - 
        (i) "carrier subject to liquidation" means a carrier which, on
      January 14, 1983, was the subject of a proceeding pending under
      section 77 of the Bankruptcy Act or under subchapter IV of
      chapter 11 of title 11 and which has been ordered by the court to
      liquidate its properties;
        (ii) "the court" means the court having bankruptcy jurisdiction
      over the carrier subject to liquidation; and
        (iii) "financially responsible person" means a person capable
      of compensating the carrier subject to liquidation for the
      acquisition of the line or lines proposed to be acquired and able
      to cover expenses associated with providing service over such
      line or lines for a period of not less than 4 years.

      (4) Pending review of an application by the Commission pursuant
    to paragraph (2) of this subsection, the court described in
    paragraph (1) may, on a preliminary basis, authorize the sale or
    transfer proposed in such application. The court may permit the
    purchasing carrier to operate interim service over the lines to be
    purchased, and in operating such service it shall use employees of
    the carrier subject to the bankruptcy proceeding to the extent such
    purchasing carrier deems necessary for the operation of such
    service.
    (c) Judicial review
      Any action or order of the Commission approving, modifying,
    conditioning, or disapproving an application for the sale or
    transfer of rail property that is filed with the Commission before
    November 1, 1979, in connection with a case pending under section
    77 of the Bankruptcy Act on November 4, 1979 - 
        (1) is subject to review by the court only under sections
      706(2)(A), 706(2)(B), 706(2)(C), and 706(2)(D) of title 5; and
        (2) may not be stayed by the Commission.
    (d) Authority of bankruptcy court
      The authority of the bankruptcy court to authorize abandonments,
    sales, and transfers of lines of the Milwaukee Railroad shall be
    governed by the provisions of section 904 of this title, rather
    than the provisions of this section.
    (e) Effect on priorities and timing of employee protection payments
      Nothing in this section shall be deemed to affect the priorities
    or timing of payment of employee protection which might have
    existed in the absence of this chapter.

-SOURCE-
    (Pub. L. 96-101, Sec. 17, Nov. 4, 1979, 93 Stat. 744; Pub. L. 97-
    468, title II, Sec. 213, Jan. 14, 1983, 96 Stat. 2544.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 77 of the Bankruptcy Act, referred to in subsecs. (a),
    (b)(1), (3)(H)(i), and (c), was classified to section 205 of former
    Title 11, Bankruptcy. The Bankruptcy Act (act July 1, 1898, ch.
    541, 30 Stat. 544, as amended) was repealed effective Oct. 1, 1979,
    by Pub. L. 95-598, Secs. 401(a), 402(a), Nov. 6, 1978, 92 Stat.
    2682, section 101 of which enacted revised Title 11. For current
    provisions relating to railroad reorganization, see subchapter IV
    (Sec. 1161 et seq.) of chapter 11 of Title 11.
      Section 11347 of title 49, referred to in subsecs. (a) and
    (b)(1), was omitted in the general amendment of subtitle IV of
    Title 49, Transportation, by Pub. L. 104-88, title I, Sec. 102(a),
    Dec. 29, 1995, 109 Stat. 804. Provisions similar to those in
    section 11347 are contained in section 11326(a) of Title 49.


-MISC1-
                                AMENDMENTS                            
      1983 - Subsec. (b)(3), (4). Pub. L. 97-468 added par. (3) and
    redesignated former par. (3) as (4).


-TRANS-
        ABOLITION OF INTERSTATE COMMERCE COMMISSION AND TRANSFER OF
                                 FUNCTIONS
      Interstate Commerce Commission abolished and functions of
    Commission transferred, except as otherwise provided in Pub. L. 104-
    88, 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.

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    45 USC Sec. 916                                             01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 18 - MILWAUKEE RAILROAD RESTRUCTURING

-HEAD-
    Sec. 916. Repealed. Pub. L. 104-88, title III, Sec. 328, Dec. 29,
      1995, 109 Stat. 952

-MISC1-
      Section, Pub. L. 96-101, Sec. 18, Nov. 4, 1979, 93 Stat. 746;
    Pub. L. 96-254, title I, Sec. 116, May 30, 1980, 94 Stat. 405,
    provided that this chapter be in lieu of directed service on any
    line of the Milwaukee Railroad with certain exceptions.

                         EFFECTIVE DATE OF REPEAL                     
      Repeal 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.

-End-



-CITE-
    45 USC Sec. 917                                             01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 18 - MILWAUKEE RAILROAD RESTRUCTURING

-HEAD-
    Sec. 917. Applicability of National Environmental Policy Act

-STATUTE-
      The provisions of the National Environmental Policy Act [42
    U.S.C. 4321 et seq.] shall not apply to transactions carried out
    pursuant to this chapter.

-SOURCE-
    (Pub. L. 96-101, Sec. 19, Nov. 4, 1979, 93 Stat. 746.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The National Environmental Policy Act, referred to in text,
    probably means the National Environmental Policy Act of 1969, Pub.
    L. 91-190, Jan. 1, 1970, 83 Stat. 852, as amended, which is
    classified generally to chapter 55 (Sec. 4321 et seq.) of Title 42,
    The Public Health and Welfare. For complete classification of this
    Act to the Code, see Short Title note set out under section 4321 of
    Title 42 and Tables.

-End-



-CITE-
    45 USC Sec. 918                                             01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 18 - MILWAUKEE RAILROAD RESTRUCTURING

-HEAD-
    Sec. 918. Authority of Railroad Retirement Board

-STATUTE-
      (a) The Board may prescribe such regulations as may be necessary
    to carry out its duties under this chapter.
      (b) In carrying out its duties under this chapter, the Board may
    exercise such of the powers, duties, and remedies provided in
    subsections (a), (b), and (d) of section 362 of this title as are
    not inconsistent with the provisions of this chapter.

-SOURCE-
    (Pub. L. 96-101, Sec. 20, Nov. 4, 1979, 93 Stat. 746.)

-End-



-CITE-
    45 USC Sec. 919                                             01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 18 - MILWAUKEE RAILROAD RESTRUCTURING

-HEAD-
    Sec. 919. Publications and reports

-STATUTE-
      (a) Within 30 days after November 4, 1979, the Board shall
    publish, and make available for distribution by the Milwaukee
    Railroad to all its employees, a document which describes in detail
    the rights of such employees under sections 907, 908, 909, 910,(!1)
    and 911 of this title.

      (b) During the 2-year period beginning on November 4, 1979, the
    Board shall submit a report to the Congress every 6 months
    describing its activities under this chapter.

-SOURCE-
    (Pub. L. 96-101, Sec. 21, Nov. 4, 1979, 93 Stat. 746.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 909 of this title, referred to in subsec. (a), was in the
    original "section 10", meaning section 10 of Pub. L. 96-101, Nov.
    4, 1979, 93 Stat. 741. Subsecs. (a) to (g) of section 10 are
    classified to section 909 of this title. Subsec. (h) of section 10
    amended section 231f(b)(7) of this title.
      Section 910 of this title, referred to in subsec. (a), was
    repealed by Pub. L. 97-35, title XI, Sec. 1144(b), Aug. 13, 1981,
    95 Stat. 669.

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    45 USC Sec. 920                                             01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 18 - MILWAUKEE RAILROAD RESTRUCTURING

-HEAD-
    Sec. 920. Continuation of service

-STATUTE-
      (a) Until the occurrence of an event described in subsection (b)
    of this section, the Milwaukee Railroad (1) shall maintain its
    entire railroad system, as it existed on October 15, 1979, (2)
    shall continue no less than the regular level of service provided
    by it as of that date, and (3) shall not embargo traffic (other
    than when necessitated by acts of God or safety requirements) or
    abandon or discontinue service over any part of its railroad
    system.
      (b) The Milwaukee Railroad shall comply with the requirements of
    subsection (a) of this section until - 
        (1) an employee or employee-shipper ownership plan is not
      submitted to the Interstate Commerce Commission within the time
      period prescribed under section 905(a) of this title;
        (2) the proposed plan is found by the Commission not to be
      feasible or the Commission does not act within 30 days;
        (3) the proposed plan is found by the bankruptcy court not to
      be fair and equitable to the estate of the Milwaukee Railroad; or
        (4) the plan is not implemented within the time period
      prescribed under section 905(c) of this title.

-SOURCE-
    (Pub. L. 96-101, Sec. 22, Nov. 4, 1979, 93 Stat. 746.)


-TRANS-
        ABOLITION OF INTERSTATE COMMERCE COMMISSION AND TRANSFER OF
                                 FUNCTIONS
      Interstate Commerce Commission abolished and functions of
    Commission transferred, except as otherwise provided in Pub. L. 104-
    88, 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.

-End-



-CITE-
    45 USC Sec. 921                                             01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 18 - MILWAUKEE RAILROAD RESTRUCTURING

-HEAD-
    Sec. 921. Office of Rail Public Counsel

-STATUTE-
      The Office of Rail Public Counsel may appear and be heard in the
    case in the bankruptcy court involving the reorganization of the
    Milwaukee Railroad, for purposes of representing affected shippers,
    localities, and municipalities with respect to the proposed
    abandonment of any line of the Milwaukee Railroad.

-SOURCE-
    (Pub. L. 96-101, Sec. 25, Nov. 4, 1979, 93 Stat. 747.)

-End-



-CITE-
    45 USC Sec. 922                                             01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 18 - MILWAUKEE RAILROAD RESTRUCTURING

-HEAD-
    Sec. 922. Employee stock ownership plan for surviving portion of
      Milwaukee Railroad

-STATUTE-
      If an event described in section 920(b) of this title occurs,
    resulting in the survival of less than the entire Milwaukee
    Railroad system, then any relief provided for such surviving
    Milwaukee Railroad system under the Emergency Rail Services Act of
    1970 [45 U.S.C. 661 et seq.] or any other Federal legislation shall
    be conditioned upon good faith efforts by the trustee or the
    Milwaukee Railroad, or both, to establish an employee stock
    ownership plan which shall embrace the purchase or acquisition of
    qualifying employer securities of the Milwaukee Railroad equal in
    value to 25 per centum of the amount of such relief provided.

-SOURCE-
    (Pub. L. 96-101, Sec. 26, Nov. 4, 1979, 93 Stat. 747.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Emergency Rail Services Act of 1970, referred to in text, is
    Pub. L. 91-663, Jan. 8, 1971, 84 Stat. 1975, as amended, which is
    classified generally to chapter 15 (Sec. 661 et seq.) of this
    title. For complete classification of this Act to the Code, see
    Short Title note set out under section 661 of this title and
    Tables.

-End-


-CITE-
    45 USC CHAPTER 19 - ROCK ISLAND RAILROAD EMPLOYEE
           ASSISTANCE                                      01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 19 - ROCK ISLAND RAILROAD EMPLOYEE ASSISTANCE

-HEAD-
           CHAPTER 19 - ROCK ISLAND RAILROAD EMPLOYEE ASSISTANCE       

-MISC1-
    Sec.                                                     
    1001.       Congressional findings.                               
    1002.       Definitions.                                          
    1003.       Service continuation.                                 
                  (a)  Situations requiring directed service; time
                        period.                                       
                  (b)  Availability of funds.                         
                  (c)  Continuation of compensation terms for trackage
                        rights, joint facilities, etc.                
    1004.       Railroad hiring.                                      
    1005.       Employee protection agreement.                        
                  (a)  Authorization; time for agreement; use of
                        funds.                                        
                  (b)  Failure to reach agreement; benefit schedule.  
                  (c)  Limitations on funds.                          
                  (d)  Administration of funds; promulgation of
                        regulations.                                  
    1006.       Repealed.                                             
    1007.       Election.                                             
                  (a)  Assistance received under employee protection
                        agreement; waiver of other employee protection
                        benefits; exception.                          
                  (b)  Filing of statement.                           
                  (c)  Effect on priority, timing, etc., of employee
                        protection payments.                          
                  (d)  Limitation on assistance eligibility.          
    1008.       Repealed.                                             
    1009.       Expedited proceedings.                                
    1010.       Applicability of National Environmental Policy Act and
                 section 6362(b) of title 42.                         
    1011.       Authority of Railroad Retirement Board.               
    1012.       Publications and reports.                             
    1013.       Repealed.                                             
    1014.       New career training assistance.                       
                  (a)  Eligible employees.                            
                  (b)  Conditions for assistance.                     
                  (c)  Determination of reasonable expenses by Board. 
                  (d)  Assistance prohibited after April 1, 1984.     
                  (e)  Definitions.                                   
    1015.       Repealed.                                             
    1016.       Temporary rail banking.                               
    1017.       Temporary operating approval.                         
                  (a)  Use of tracks and facilities by other rail
                        carriers; terms of compensation; continuation
                        of service.                                   
                  (b)  Use of employees.                              
    1018.       Judicial review.                                      
                  (a)  Appeals.                                       
                  (b)  Appellate proceedings.                         
                  (c)  Action in United States Court of Claims.       

-End-



-CITE-
    45 USC Sec. 1001                                            01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 19 - ROCK ISLAND RAILROAD EMPLOYEE ASSISTANCE

-HEAD-
    Sec. 1001. Congressional findings

-STATUTE-
      Congress hereby finds that - 
        (1) uninterrupted continuation of services over Rock Island
      lines is dependent on adequate employee protection provisions
      covering Rock Island Railroad employees who are not hired by
      other railroads;
        (2) for those Rock Island Railroad employees not hired by other
      rail carriers, there is no other practicable means of obtaining
      funds to meet the necessary costs of such employee protection
      that are assumed by the Rock Island Railroad;
        (3) a cessation of necessary operations of the Rock Island
      Railroad would have serious repercussions on the economies of the
      States in which such railroad principally operates; and
        (4) premature cessation of services over lines which are the
      subject of pending purchase application would result in harm to
      the shipping public and could imperil continuation of vital
      commuter service.

-SOURCE-
    (Pub. L. 96-254, title I, Sec. 102, May 30, 1980, 94 Stat. 399.)


-MISC1-
                                SHORT TITLE                            
      Section 101 of title I of Pub. L. 96-254 provided that: "This
    title [enacting this chapter, amending sections 231f, 726, 825,
    902, 911, 913, and 916 of this title, and enacting provisions set
    out as a note under this section] may be cited as the 'Rock Island
    Railroad Transition and Employee Assistance Act'."

                             SAVINGS PROVISION                         
      Section 125, formerly Sec. 124, of title I of Pub. L. 96-254,
    renumbered Pub. L. 96-448, title VII, Sec. 701(a)(1), Oct. 14,
    1980, 94 Stat. 1959, provided that: "If any provision of this title
    [see Short Title note above] or the application thereof to any
    person or circumstance is held invalid, the remainder of this title
    and the application of such provision to other persons or
    circumstances shall not be affected thereby."

-End-



-CITE-
    45 USC Sec. 1002                                            01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 19 - ROCK ISLAND RAILROAD EMPLOYEE ASSISTANCE

-HEAD-
    Sec. 1002. Definitions

-STATUTE-
      As used in this chapter, the term - 
        (1) "bankruptcy court" means the court having jurisdiction over
      the reorganization of the Rock Island Railroad;
        (2) "Board" means the Railroad Retirement Board;
        (3) "Commission" means the Interstate Commerce Commission;
        (4) "employee" includes any employee of the Rock Island
      Railroad as of August 1, 1979, but does not include any
      individual serving as president, vice-president, secretary,
      treasurer, comptroller, counsel, member of the board of
      directors, or any other person performing such functions;
        (5) the term "Rock Island Railroad" means the Chicago, Rock
      Island and Pacific Railroad Company, the estate of such Company
      in its reorganization proceeding, or the trustee appointed in
      such proceeding; and
        (6) the term "Secretary" means the Secretary of Transportation.

-SOURCE-
    (Pub. L. 96-254, title I, Sec. 103, May 30, 1980, 94 Stat. 399;
    Pub. L. 96-448, title VII, Sec. 701(b)(3), Oct. 14, 1980, 94 Stat.
    1960.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in text, was in the original "this
    title", meaning title I (Sec. 101 et seq.) of Pub. L. 96-254, May
    30, 1980, 94 Stat. 399, as amended, known as the Rock Island
    Railroad Transition and Employee Assistance Act, which is
    classified principally to this chapter. For complete classification
    of title I to the Code, see Short Title note set out under section
    1001 of this title and Tables.


-MISC1-
                                AMENDMENTS                            
      1980 - Par. (5). Pub. L. 96-448 inserted ", the estate of such
    Company in its reorganization proceeding, or the trustee appointed
    in such proceeding" after "Railroad Company". The amendment was
    executed by inserting amendatory text preceding the semicolon
    instead of the period at end of par. (5) as directed to reflect the
    probable intent of Congress, in view of par. (5) being enacted
    without a closing period.

                     EFFECTIVE DATE OF 1980 AMENDMENT                 
      Amendment by Pub. L. 96-448 effective Oct. 14, 1980, see section
    710(d) of Pub. L. 96-448, set out as a note under section 1170 of
    Title 11, Bankruptcy.


-TRANS-
        ABOLITION OF INTERSTATE COMMERCE COMMISSION AND TRANSFER OF
                                 FUNCTIONS
      Interstate Commerce Commission abolished and functions of
    Commission transferred, except as otherwise provided in Pub. L. 104-
    88, 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.

-End-



-CITE-
    45 USC Sec. 1003                                            01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 19 - ROCK ISLAND RAILROAD EMPLOYEE ASSISTANCE

-HEAD-
    Sec. 1003. Service continuation

-STATUTE-
    (a) Situations requiring directed service; time period
      Notwithstanding the provisions of Public Law 96-131, the
    Commission shall order directed service for a period of not to
    exceed 90 days over any line of the Rock Island Railroad if the
    Secretary finds and certifies to the Commission that - 
        (1) a lack of rail service exists which cannot be resolved by a
      grant of interim operating authority over such line and grains or
      foods are ready to be shipped to market; or
        (2) a lack of rail service exists which cannot be resolved by a
      grant of interim operating authority over such line and a rail
      carrier, shipper, State, or other interested party has expressed
      in writing to the Secretary an interest in purchasing, leasing,
      or rehabilitating the particular rail line or facility for
      purposes of providing rail services, and there is a reasonable
      expectation that such transaction will be consummated.
    (b) Availability of funds
      (1) Not more than $15,000,000 of the funds available for
    expenditure by the Secretary out of the Railroad Rehabilitation and
    Improvement Fund established under title V of the Railroad
    Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 821 et
    seq.) may be made available by the Secretary to the Commission for
    purposes of providing directed service under this section and
    section 916(b) (!1) of this title.

      (2) Funds may be made available for directed service under this
    section without regard to the findings of the Secretary required
    under title V of the Railroad Revitalization and Regulatory Reform
    Act of 1976 [45 U.S.C. 821 et seq.], and section 516 of such Act
    (45 U.S.C. 836) shall not apply to any directed service provided
    with such funds.
    (c) Continuation of compensation terms for trackage rights, joint
      facilities, etc.
      The terms of compensation for all trackage rights, joint
    facilities, and similar arrangements between other rail carriers
    and the trustee of the Rock Island Railroad which are in effect on
    or after March 15, 1980, on portions of the lines of the Rock
    Island Railroad involved in temporary emergency operations shall be
    continued in effect during the duration of the temporary emergency
    operating authority with the carrier providing temporary emergency
    service substituting for the trustee, except where the Rock Island
    Railroad has been given more favorable treatment by virtue of its
    bankruptcy. Such continuation shall not alter or affect the
    ultimate rights of other rail carriers under trackage rights, joint
    facilities, or similar arrangements nor prejudice the ultimate
    determination of any controversy or proceeding concerning rights of
    the parties with regard to assignment by the trustee of rights in
    or to the facilities or under the arrangements.

-SOURCE-
    (Pub. L. 96-254, title I, Sec. 104, May 30, 1980, 94 Stat. 400;
    Pub. L. 104-88, title III, Sec. 329(1), Dec. 29, 1995, 109 Stat.
    952.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Public Law 96-131, referred to in subsec. (a), is Pub. L. 96-131,
    Nov. 30, 1979, 93 Stat. 1023, known as the Department of
    Transportation and Related Agencies Appropriation Act, 1980, which
    enacted provisions set out as notes under former section 851 of
    this title, section 92 of Title 14, Coast Guard, and section 106
    and former section 10344 of Title 49, Transportation. For complete
    classification of this Act to the Code, see Tables.
      The Railroad Revitalization and Regulatory Reform Act of 1976,
    referred to in subsec. (b), is Pub. L. 94-210, Feb. 5, 1976, 90
    Stat. 31, as amended. Title V of the Railroad Revitalization and
    Regulatory Reform Act of 1976 is classified generally to subchapter
    II (Sec. 821 et seq.) of chapter 17 of this title. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 801 of this title and Tables.
      Section 916(b) of this title, referred to in subsec. (b)(1), was
    repealed by Pub. L. 104-88, title III, Sec. 328, Dec. 29, 1995, 109
    Stat. 952.


-MISC1-
                                AMENDMENTS                            
      1995 - Subsec. (a). Pub. L. 104-88 substituted "the provisions of
    Public Law 96-131" for "the provisions of section 11125 of title 49
    or Public Law 96-131".

                     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.


-TRANS-
        ABOLITION OF INTERSTATE COMMERCE COMMISSION AND TRANSFER OF
                                 FUNCTIONS
      Interstate Commerce Commission abolished and functions of
    Commission transferred, except as otherwise provided in Pub. L. 104-
    88, 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.

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    45 USC Sec. 1004                                            01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 19 - ROCK ISLAND RAILROAD EMPLOYEE ASSISTANCE

-HEAD-
    Sec. 1004. Railroad hiring

-STATUTE-
      (a) Each person who is an employee of the Rock Island Railroad on
    August 1, 1979, and who, prior to January 1, 1984, is separated or
    furloughed (other than for cause) from his employment with such
    railroad, or from his employment with another rail carrier
    providing temporary service over lines of the Rock Island Railroad,
    as a result of a reduction of service by such railroad or such
    temporary service carrier shall, unless found to be less qualified
    than other applicants, have the first right of hire by any other
    rail carrier that is subject to regulation by the Commission for
    any vacancy that is not covered by (1) an affirmative action plan,
    or a hiring plan designed to eliminate discrimination, that is
    required by Federal or State statute, regulations, or Executive
    order, or by the order of a Federal or State court or agency, or
    (2) a permissible voluntary affirmative action plan. For purposes
    of this section, a rail carrier shall not be considered to be
    hiring new employees when it recalls any of its own furloughed
    employees.
      (b) The rights afforded to Rock Island Railroad employees by this
    section shall be coequal to the rights afforded to Chicago,
    Milwaukee, Saint Paul and Pacific Railroad Company employees by
    section 907 of this title.

-SOURCE-
    (Pub. L. 96-254, title I, Sec. 105, May 30, 1980, 94 Stat. 400;
    Pub. L. 97-468, title II, Sec. 236(b), Jan. 14, 1983, 96 Stat.
    2547.)


-MISC1-
                                AMENDMENTS                            
      1983 - Subsec. (a). Pub. L. 97-468 substituted "January 1, 1984"
    for "January 1, 1981".


-TRANS-
        ABOLITION OF INTERSTATE COMMERCE COMMISSION AND TRANSFER OF
                                 FUNCTIONS
      Interstate Commerce Commission abolished and functions of
    Commission transferred, except as otherwise provided in Pub. L. 104-
    88, 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.


-MISC2-
      EXEMPTION OF NATIONAL RAILROAD PASSENGER CORPORATION IN HIRING
                   QUALIFIED TRAIN AND ENGINE EMPLOYEES
      Section inapplicable to National Railroad Passenger Corporation
    in hiring of qualified train and engine employees holding seniority
    rights to work in intercity rail passenger service in connection
    with the assumption by such Corporation of functions previously
    performed under contract by other carriers, see section 4011(c) of
    Pub. L. 99-272, set out as a note under section 797b of this title.

-End-



-CITE-
    45 USC Sec. 1005                                            01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 19 - ROCK ISLAND RAILROAD EMPLOYEE ASSISTANCE

-HEAD-
    Sec. 1005. Employee protection agreement

-STATUTE-
    (a) Authorization; time for agreement; use of funds
      The Secretary and the representatives of the various classes and
    crafts of employees of the Rock Island Railroad shall, not later
    than 90 days after January 14, 1983, enter into an agreement
    providing protection for employees of the Rock Island Railroad who
    are adversely affected as a result of a reduction in service by
    such Railroad. Such agreement may provide for the use of funds
    described in subsection (c) of this section for the following
    purposes:
        (1) Subsistence allowances to employees.
        (2) Moving expenses for employees who must make a change in
      residence.
        (3) Retraining expenses for employees who are seeking
      employment in new areas.
        (4) Separation allowances for employees.
        (5) Health and welfare insurance premiums.
        (6) Such other purposes as may be agreed upon by the parties.
    (b) Failure to reach agreement; benefit schedule
      If the parties are unable to reach agreement within the time
    period specified in subsection (a) of this section, the Secretary
    shall, within 30 days after the expiration of such time period,
    prescribe a schedule of benefits for employee protection not
    inconsistent with the provisions of this chapter.
    (c) Limitations on funds
      Any agreement entered into under subsection (a) of this section,
    and any benefit schedule prescribed under subsection (b) of this
    section, shall not require the expenditure of funds in excess of
    amounts authorized to be appropriated under section 727(f)(1)(C) of
    this title, nor shall any individual employee receive benefits in
    excess of $20,000 under such agreement or benefit schedule. No
    benefits or assistance may be provided under any agreement entered
    into or benefit schedule prescribed under this section after April
    1, 1984.
    (d) Administration of funds; promulgation of regulations
      The Board shall, in such manner as it shall prescribe by
    regulation, administer the distribution of funds under any
    agreement entered into or benefit schedule prescribed under this
    section, and shall determine the amount for which each employee is
    eligible under such agreement or benefit schedule. Such regulation
    shall include procedures to resolve by final and binding
    arbitration any dispute over an employee's eligibility or claim.

-SOURCE-
    (Pub. L. 96-254, title I, Sec. 106, May 30, 1980, 94 Stat. 401;
    Pub. L. 96-448, title VII, Sec. 701(b)(1), Oct. 14, 1980, 94 Stat.
    1959; Pub. L. 97-468, title II, Sec. 231, Jan. 14, 1983, 96 Stat.
    2546.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in subsec. (b), was in the original
    "this Act", which probably was meant to be a reference to "this
    title", meaning title I (Sec. 101 et seq.) of Pub. L. 96-254, May
    30, 1980, 94 Stat. 399, as amended, known as the Rock Island
    Railroad Transition and Employee Assistance Act, which is
    classified principally to this chapter. For complete classification
    of title I to the Code, see Short Title note set out under section
    1001 of this title and Tables.

-COD-
                               CODIFICATION                           
      Prior to the general amendment of section 106 of Pub. L. 96-254
    by Pub. L. 97-468, section was comprised of subsecs. (a) to (e) of
    section 106 of Pub. L. 96-254, and subsec. (f) of section 106
    amended section 231f(b)(7) of this title.


-MISC1-
                                AMENDMENTS                            
      1983 - Subsec. (a). Pub. L. 97-468 substituted provisions
    relating to an agreement between the Secretary and the employees
    for provisions relating to an agreement between the Rock Island
    Railroad and the employees.
      Subsec. (b). Pub. L. 97-468 substituted provisions relating to
    the prescription of benefits by the Secretary if no agreement is
    reached with the employees, for provisions relating to imposition
    of agreement by the Interstate Commerce Commission if none was
    reached between the Rock Island Railroad and the employees.
      Subsec. (c). Pub. L. 97-468 added subsec. (c). Former subsec.
    (c), which related to direction to the bankruptcy trustee to carry
    out the agreement between the Rock Island Railroad and the
    employees, was struck out.
      Subsec. (d). Pub. L. 97-468 added subsec. (d). Former subsec.
    (d), which prescribed conditions for appeals from orders of the
    Commission or bankruptcy court, limiting them to the Seventh
    Circuit Court of Appeals, was struck out.
      Subsec. (e). Pub. L. 97-468 struck out subsec. (e) which related
    to prescription of regulations by the Board for the filing and
    payment of benefits and allowances.
      1980 - Subsec. (a). Pub. L. 96-448 substituted "5 days after
    October 14, 1980" for "10 days after May 30, 1980".
      Subsec. (b). Pub. L. 96-448 substituted "5 days after October 14,
    1980" for "10 days after May 30, 1980" and "15 days after October
    14, 1980" for "30 days after May 30, 1980".
      Subsec. (c). Pub. L. 96-448 reenacted subsec. (c) without change.
      Subsec. (d). Pub. L. 96-448 substituted provision that any order
    of the Commission or bankruptcy court be appealed only to the
    United States Court of Appeals for the Seventh Circuit for
    provision that an order of the Commission not be stayed by the
    Commission or any other court, an order by the bankruptcy court not
    be stayed by any other court, appeals of Commission or bankruptcy
    court orders only be made to the court of appeals of the United
    States having jurisdiction to review decisions and orders of the
    bankruptcy court, and no determinations of the court of appeals be
    review in any other court.
      Subsec. (e). Pub. L. 96-448 reenacted subsec. (e) without change.

                     EFFECTIVE DATE OF 1980 AMENDMENT                 
      Amendment by Pub. L. 96-448 effective Oct. 14, 1980, see section
    710(d) of Pub. L. 96-448, set out as a note under section 1170 of
    Title 11, Bankruptcy.

-End-



-CITE-
    45 USC Sec. 1006                                            01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 19 - ROCK ISLAND RAILROAD EMPLOYEE ASSISTANCE

-HEAD-
    Sec. 1006. Repealed. Pub. L. 97-35, title XI, Sec. 1144(b), Aug.
      13, 1981, 95 Stat. 669

-MISC1-
      Section, Pub. L. 96-254, title I, Sec. 107, May 30, 1980, 94
    Stat. 402, set forth provisions respecting employment of Rock
    Island Railroad employees. See section 797c of this title.

                         EFFECTIVE DATE OF REPEAL                     
      Repeal effective Aug. 13, 1981, see section 1169 of Pub. L. 97-
    35, set out as an Effective Date note under section 1101 of this
    title.

-End-



-CITE-
    45 USC Sec. 1007                                            01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 19 - ROCK ISLAND RAILROAD EMPLOYEE ASSISTANCE

-HEAD-
    Sec. 1007. Election

-STATUTE-
    (a) Assistance received under employee protection agreement; waiver
      of other employee protection benefits; exception
      Any employee who receives any assistance under an employee
    protection agreement entered into or benefit schedule prescribed
    under section 1005 of this title or any new career training
    assistance under section 1014 of this title shall be deemed to
    waive any employee protection benefits otherwise available to such
    employee under the Bankruptcy Act, subtitle IV of title 49 or any
    applicable contract or agreement (other than as provided in the
    agreement entered into in Washington, District of Columbia, on
    March 4, 1980, entitled "Labor Protective Agreement Between
    Railroads Parties Hereto Involved in Midwest Rail Restructuring and
    Employees of Such Railroads Represented by the Rail Labor
    Organizations Operating Through the Railway Labor Executives'
    Association").
    (b) Filing of statement
      Any employee of the Rock Island Railroad who is entitled to
    receive assistance under this chapter shall, no later than 120 days
    after the effective date of any agreement entered into under
    section 1005(a) of this title or of any benefit schedule prescribed
    under section 1005(b) of this title, as the case may be, file a
    statement with the Board indicating whether such employee elects to
    receive (1) assistance under this chapter; or (2) any employee
    protection benefits otherwise available to such employee under the
    Bankruptcy Act, subtitle IV of title 49, or any applicable contract
    or agreement.
    (c) Effect on priority, timing, etc., of employee protection
      payments
      With regard to any employee who elects benefits under subsection
    (b)(2) of this section, nothing in this chapter shall be deemed to
    determine or otherwise affect the priority, status, or timing of
    payment of, or the liability for any claim for, employee protection
    which might have existed in the absence of this chapter.
    (d) Limitation on assistance eligibility
      An employee shall not be eligible to receive any assistance
    (other than moving expenses) under an employee protection agreement
    entered into or benefit schedule prescribed under section 1005 of
    this title or any new career training assistance under section 1014
    of this title - 
        (1) during any period in which such employee is employed by any
      rail carrier providing temporary service over any lines of the
      Rock Island Railroad; or
        (2) at any time after the date such employee receives an offer
      of employment, in his craft and for which such employee is
      qualified, from a rail carrier acquiring lines of the Rock Island
      Railroad.

-SOURCE-
    (Pub. L. 96-254, title I, Sec. 108, May 30, 1980, 94 Stat. 402;
    Pub. L. 96-448, title VII, Sec. 701(b)(2), Oct. 14, 1980, 94 Stat.
    1960; Pub. L. 97-468, title II, Sec. 232, Jan. 14, 1983, 96 Stat.
    2547.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Bankruptcy Act, referred to in subsecs. (a) and (b), is act
    July 1, 1898, ch. 541, 30 Stat. 544, as amended, which was
    classified generally to former Title 11, Bankruptcy. The Act was
    repealed effective Oct. 1, 1979, by Pub. L. 95-598, Secs. 401(a),
    402(a), Nov. 6, 1978, 92 Stat. 2682, section 101 of which enacted
    revised Title 11. For current provisions relating to railroad
    reorganization, see subchapter IV (Sec. 1161 et seq.) of chapter 11
    of Title 11.
      This chapter, referred to in subsecs. (b) and (c), was in the
    original "this title", meaning title I (Sec. 101 et seq.) of Pub.
    L. 96-254, May 30, 1980, 94 Stat. 399, as amended, known as the
    Rock Island Railroad Transition and Employee Assistance Act, which
    is classified principally to this chapter. For complete
    classification of title I to the Code, see Short Title note set out
    under section 1001 of this title and Tables.


-MISC1-
                                AMENDMENTS                            
      1983 - Subsec. (a). Pub. L. 97-468, Sec. 232(1), substituted
    "entered into or benefit schedule prescribed" for "or arrangement
    entered into".
      Subsec. (b). Pub. L. 97-468, Sec. 232(2), substituted "120 days
    after the effective date of any agreement entered into under
    section 1005(a) of this title or of any benefit schedule prescribed
    under section 1005(b) of this title, as the case may be" for "April
    1, 1981".
      Subsec. (d). Pub. L. 97-468, Sec. 232(1), substituted "entered
    into or benefit schedule prescribed" for "or arrangement entered
    into".
      1980 - Subsec. (a). Pub. L. 96-448 inserted reference to the
    agreement entered into in Washington on Mar. 4, 1980, and included
    the title of the agreement.

                     EFFECTIVE DATE OF 1980 AMENDMENT                 
      Amendment by Pub. L. 96-448 effective Oct. 14, 1980, see section
    710(d) of Pub. L. 96-448, set out as a note under section 1170 of
    Title 11, Bankruptcy.

-End-



-CITE-
    45 USC Sec. 1008                                            01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 19 - ROCK ISLAND RAILROAD EMPLOYEE ASSISTANCE

-HEAD-
    Sec. 1008. Repealed. Pub. L. 97-468, title II, Sec. 234(a), Jan.
      14, 1983, 96 Stat. 2547

-MISC1-
      Section, Pub. L. 96-254, title I, Sec. 110, May 30, 1980, 94
    Stat. 403; Pub. L. 96-448, title VII, Sec. 701(a)(2), Oct. 14,
    1980, 94 Stat. 1959, related to authorization, etc., for obligation
    guarantees.

-End-



-CITE-
    45 USC Sec. 1009                                            01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 19 - ROCK ISLAND RAILROAD EMPLOYEE ASSISTANCE

-HEAD-
    Sec. 1009. Expedited proceedings

-STATUTE-
      (a) The Commission shall give all proceedings involving the Rock
    Island Railroad preference over all other pending proceedings
    related to rail carriers and make all of its decisions at the
    earliest practicable time.
      (b) The Commission shall, within 100 days of the filing of an
    application (or such shorter period as the court may set) pursuant
    to section 915 of this title, reach a decision on all proceedings
    filed after January 1, 1980, which involve a sale, transfer or
    lease of any line of the Rock Island Railroad to a solvent carrier.

-SOURCE-
    (Pub. L. 96-254, title I, Sec. 111, May 30, 1980, 94 Stat. 404.)


-TRANS-
        ABOLITION OF INTERSTATE COMMERCE COMMISSION AND TRANSFER OF
                                 FUNCTIONS
      Interstate Commerce Commission abolished and functions of
    Commission transferred, except as otherwise provided in Pub. L. 104-
    88, 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.

-End-



-CITE-
    45 USC Sec. 1010                                            01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 19 - ROCK ISLAND RAILROAD EMPLOYEE ASSISTANCE

-HEAD-
    Sec. 1010. Applicability of National Environmental Policy Act and
      section 6362(b) of title 42

-STATUTE-
      The provisions of the National Environmental Policy Act [42
    U.S.C. 4321 et seq.] and section 6362(b) of title 42 shall not
    apply to transactions carried out pursuant to this chapter.

-SOURCE-
    (Pub. L. 96-254, title I, Sec. 113, May 30, 1980, 94 Stat. 405.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The National Environmental Policy Act, referred to in text,
    probably means the National Environmental Policy Act of 1969, Pub.
    L. 91-190, Jan. 1, 1970, 83 Stat. 852, as amended, which is
    classified generally to chapter 55 (Sec. 4321 et seq.) of Title 42,
    The Public Health and Welfare. For complete classification of this
    Act to the Code, see Short Title note set out under section 4321 of
    Title 42 and Tables.
      This chapter, referred to in text, was in the original "this
    title", meaning title I (Sec. 101 et seq.) of Pub. L. 96-254, May
    30, 1980, 94 Stat. 399, as amended, known as the Rock Island
    Railroad Transition and Employee Assistance Act, which is
    classified principally to this chapter. For complete classification
    of title I to the Code, see Short Title note set out under section
    1001 of this title and Tables.

-End-



-CITE-
    45 USC Sec. 1011                                            01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 19 - ROCK ISLAND RAILROAD EMPLOYEE ASSISTANCE

-HEAD-
    Sec. 1011. Authority of Railroad Retirement Board

-STATUTE-
      (a) The Board may prescribe such regulations as may be necessary
    to carry out its duties under this chapter.
      (b) In carrying out its duties under this chapter, the Board may
    exercise such of the powers, duties, and remedies provided in
    subsections (a), (b), and (d) of section 362 of this title as are
    not inconsistent with the provisions of this chapter.

-SOURCE-
    (Pub. L. 96-254, title I, Sec. 114, May 30, 1980, 94 Stat. 405.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in text, was in the original "this
    title", meaning title I (Sec. 101 et seq.) of Pub. L. 96-254, May
    30, 1980, 94 Stat. 399, as amended, known as the Rock Island
    Railroad Transition and Employee Assistance Act, which is
    classified principally to this chapter. For complete classification
    of title I to the Code, see Short Title note set out under section
    1001 of this title and Tables.

-End-



-CITE-
    45 USC Sec. 1012                                            01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 19 - ROCK ISLAND RAILROAD EMPLOYEE ASSISTANCE

-HEAD-
    Sec. 1012. Publications and reports

-STATUTE-
      Within 45 days after May 30, 1980, the Board shall publish, and
    make available for distribution by the Rock Island Railroad to all
    eligible employees, a document which describes in detail the rights
    of such employees under sections 1005, 1006,(!1) 1007, and 1014 of
    this title.


-SOURCE-
    (Pub. L. 96-254, title I, Sec. 115, May 30, 1980, 94 Stat. 405.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 1006 of this title, referred to in text, was repealed by
    Pub. L. 97-35, title XI, Sec. 1144(b), Aug. 13, 1981, 95 Stat. 669.

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    45 USC Sec. 1013                                            01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 19 - ROCK ISLAND RAILROAD EMPLOYEE ASSISTANCE

-HEAD-
    Sec. 1013. Repealed. Pub. L. 103-272, Sec. 7(b), July 5, 1994, 108
      Stat. 1379

-MISC1-
      Section, Pub. L. 96-254, title I, Sec. 117, May 30, 1980, 94
    Stat. 406, authorized Secretary of Transportation to exempt from
    requirements of the Safety Appliance Acts any railroad equipment
    when such requirements preclude development or implementation of
    more efficient railroad transportation equipment or other
    transportation innovations. See section 20306 of Title 49,
    Transportation.

-End-



-CITE-
    45 USC Sec. 1014                                            01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 19 - ROCK ISLAND RAILROAD EMPLOYEE ASSISTANCE

-HEAD-
    Sec. 1014. New career training assistance

-STATUTE-
    (a) Eligible employees
      An employee who elects to receive a separation allowance under an
    employee protection agreement entered into or a benefit schedule
    prescribed under section 1005 of this title may, if so provided
    under such agreement or benefit schedule, receive from the Board
    reasonable expenses for training in qualified institutions for new
    career opportunities.
    (b) Conditions for assistance
      To be eligible for assistance under this section, an employee - 
        (1) must first exhaust any Federal educational benefits
      available to such employee under any existing program; and
        (2) must begin his course of training within 2 years following
      the date of such employee's separation from employment with the
      Rock Island Railroad.
    (c) Determination of reasonable expenses by Board
      Reasonable expenses for assistance under this section shall be
    determined by the Board on the basis of an application therefor
    filed by an employee with the Board.
    (d) Assistance prohibited after April 1, 1984
      No assistance may be provided under this section after April 1,
    1984.
    (e) Definitions
      As used in this section - 
        (1) the term "expenses" means actual, reasonable expenses paid
      for room, board, tuition, fees, or educational material in an
      amount not to exceed $3,000; and
        (2) the term "qualified institution" means an educational
      institution accredited for payment by the Veterans'
      Administration under chapter 36 of title 38, or a State-
      accredited institution which has been in existence for not less
      than 2 years.

-SOURCE-
    (Pub. L. 96-254, title I, Sec. 119(a)-(e), May 30, 1980, 94 Stat.
    408; Pub. L. 97-468, title II, Sec. 233, Jan. 14, 1983, 96 Stat.
    2547.)

-COD-
                               CODIFICATION                           
      Section is comprised of subsecs. (a) to (e) of section 119 of
    Pub. L. 96-254. Subsec. (f) of section 119 amended section 911 of
    this title.


-MISC1-
                                AMENDMENTS                            
      1983 - Subsec. (a). Pub. L. 97-468 substituted "under an employee
    protection agreement entered into or a benefit schedule prescribed
    under section 1005 of this title may, if so provided under such
    agreement or benefit schedule," for "from the Rock Island Railroad
    under an employee protection agreement or arrangement entered into
    under section 1005 of this title may".

-CHANGE-
                              CHANGE OF NAME                          
      Reference to Veterans' Administration deemed to refer to
    Department of Veterans Affairs pursuant to section 10 of Pub. L.
    100-527, set out as a Department of Veterans Affairs Act note under
    section 301 of Title 38, Veterans' Benefits.

-End-



-CITE-
    45 USC Sec. 1015                                            01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 19 - ROCK ISLAND RAILROAD EMPLOYEE ASSISTANCE

-HEAD-
    Sec. 1015. Repealed. Pub. L. 104-88, title III, Sec. 329(2), Dec.
      29, 1995, 109 Stat. 952

-MISC1-
      Section, Pub. L. 96-254, title I, Sec. 120, May 30, 1980, 94
    Stat. 408; Pub. L. 97-216, title I, Sec. 101, July 18, 1982, 96
    Stat. 188, related to Interstate Commerce Commission ordering
    directed service over passenger commuter railroad lines that were
    in operation on Mar. 1, 1980, and had ceased to be in operation.

                         EFFECTIVE DATE OF REPEAL                     
      Repeal 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.

-End-



-CITE-
    45 USC Sec. 1016                                            01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 19 - ROCK ISLAND RAILROAD EMPLOYEE ASSISTANCE

-HEAD-
    Sec. 1016. Temporary rail banking

-STATUTE-
      During the 180-day period beginning on May 30, 1980, no rail line
    or facility of the Rock Island Railroad which has been approved for
    abandonment by the Commission or the bankruptcy court may be
    downgraded, scrapped, or otherwise disposed of without the approval
    of the Secretary under this section. In no case before abandonment
    has been approved and before the 180-day period has elapsed shall
    the Secretary approve a disposition of such portion of the rail
    line or related facility to any carrier or other entity not engaged
    in providing railroad services or not formed for the purpose of
    providing railroad services. The Secretary, upon application by the
    Rock Island Railroad, shall grant such approval unless he finds
    that - 
        (1) a rail carrier, shipper, State, or other interested party
      has expressed in writing an interest in purchasing, leasing or
      rehabilitating the particular rail line or facility for purposes
      of providing rail service; and
        (2) there is a reasonable expectation that such purchase
      transaction will be consummated.

-SOURCE-
    (Pub. L. 96-254, title I, Sec. 121, May 30, 1980, 94 Stat. 409.)


-TRANS-
        ABOLITION OF INTERSTATE COMMERCE COMMISSION AND TRANSFER OF
                                 FUNCTIONS
      Interstate Commerce Commission abolished and functions of
    Commission transferred, except as otherwise provided in Pub. L. 104-
    88, 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.

-End-



-CITE-
    45 USC Sec. 1017                                            01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 19 - ROCK ISLAND RAILROAD EMPLOYEE ASSISTANCE

-HEAD-
    Sec. 1017. Temporary operating approval

-STATUTE-
    (a) Use of tracks and facilities by other rail carriers; terms of
      compensation; continuation of service
      The Commission may authorize any rail carrier willing to do so
    voluntarily to use the tracks and facilities of a carrier which, on
    January 14, 1983, was the subject of a proceeding pending under
    section 77 of the Bankruptcy Act or under subchapter IV of chapter
    11 of title 11. The use of such tracks and facilities shall be
    under such terms of compensation as the carriers establish between
    themselves, or if the carriers are unable to agree, under such
    terms of compensation as the Commission finds to be reasonable. The
    Commission shall have authority to authorize continued rail service
    under this section over the lines of any such carrier which has
    been ordered by the court having jurisdiction over such a carrier
    to liquidate its properties until the disposition of the properties
    of the estate of such carrier.
    (b) Use of employees
      In carrying out the provisions of this section, the Commission
    shall require, to the maximum extent practicable, the use of the
    employees who would normally have performed work in connection with
    the traffic subject to the action of the Commission.

-SOURCE-
    (Pub. L. 96-254, title I, Sec. 122, May 30, 1980, 94 Stat. 409;
    Pub. L. 97-130, Sec. 5(a), Dec. 29, 1981, 95 Stat. 1690; Pub. L. 97-
    468, title II, Sec. 214, Jan. 14, 1983, 96 Stat. 2545.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 77 of the Bankruptcy Act, referred to in subsec. (a), was
    classified to section 205 of former Title 11, Bankruptcy. The
    Bankruptcy Act (act July 1, 1898, ch. 541, 30 Stat. 544, as
    amended) was repealed effective Oct. 1, 1979, by Pub. L. 95-598,
    Secs. 401(a), 402(a), Nov. 6, 1978, 92 Stat. 2682, section 101 of
    which enacted revised Title 11. For current provisions relating to
    railroad reorganization, see subchapter IV (Sec. 1161 et seq.) of
    chapter 11 of Title 11.


-MISC1-
                                AMENDMENTS                            
      1983 - Subsec. (a). Pub. L. 97-468, Sec. 214(a), substituted "a
    carrier which, on January 14, 1983, was the subject of a proceeding
    pending under section 77 of the Bankruptcy Act or under subchapter
    IV of chapter 11 of title 11" for "the Rock Island Railroad or the
    Milwaukee Railroad", and in last sentence substituted "any such
    carrier which has been ordered by the court having jurisdiction
    over such a carrier to liquidate its properties until the
    disposition of the properties of the estate of such carrier" for
    "the Rock Island Railroad until the disposition of the properties
    of the estate of the Rock Island Railroad".
      Subsec. (c). Pub. L. 97-468, Sec. 214(b), struck out subsec. (c)
    which defined "Milwaukee Railroad".
      1981 - Subsec. (a). Pub. L. 97-130 gave the Commission authority
    to authorize continued rail service under this section over the
    lines of the Rock Island Railroad until the disposition of the
    properties of the estate of the Rock Island Railroad.


-TRANS-
        ABOLITION OF INTERSTATE COMMERCE COMMISSION AND TRANSFER OF
                                 FUNCTIONS
      Interstate Commerce Commission abolished and functions of
    Commission transferred, except as otherwise provided in Pub. L. 104-
    88, 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.


-MISC2-
     TERMINATION OF APPLICABILITY OF AMENDMENT TO INTERSTATE COMMERCE
                    SERVICE ORDER 1498 ON MAY 15, 1982
      Section 5(b) of Pub. L. 97-130 provided that: "The applicability
    of the amendment made by subsection (a) [amending subsec. (a) of
    this section] to Interstate Commerce Commission Service Order 1498
    shall expire at the end of May 15, 1982."

-End-



-CITE-
    45 USC Sec. 1018                                            01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 19 - ROCK ISLAND RAILROAD EMPLOYEE ASSISTANCE

-HEAD-
    Sec. 1018. Judicial review

-STATUTE-
    (a) Appeals
      Notwithstanding any other provision of law, any appeal from - 
        (1) any decision of the bankruptcy court with respect to the
      constitutionality of any provision of this chapter; and
        (2) any decision of the court having jurisdiction over the
      reorganization of the Milwaukee Railroad with respect to the
      constitutionality of the Milwaukee Railroad Restructuring Act (45
      U.S.C. 901 et seq.),

    shall be taken to the United States Court of Appeals for the
    Seventh Circuit.
    (b) Appellate proceedings
      If appeals are taken from decisions described in subsection (a)
    of this section involving section 1005 or 1008 (!1) of this title
    or section 9 or 15 of the Milwaukee Railroad Restructuring Act [45
    U.S.C. 908 or 915], the court of appeals shall determine such
    appeals in a consolidated proceeding, sitting en banc.

    (c) Action in United States Court of Claims
      Nothing in this chapter or in the Milwaukee Railroad
    Restructuring Act (45 U.S.C. 901 et seq.) shall limit the right of
    any person to commence an action in the United States Court of
    Claims (!1) under section 1491 of title 28 (commonly referred to as
    the Tucker Act).

-SOURCE-
    (Pub. L. 96-254, title I, Sec. 124, as added Pub. L. 96-448, title
    VII, Sec. 701(a)(1), Oct. 14, 1980, 94 Stat. 1959; amended Pub. L.
    98-620, title IV, Sec. 402(49), Nov. 8, 1984, 98 Stat. 3361.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in subsecs. (a)(1) and (c), was in the
    original "this title", meaning title I (Sec. 101 et seq.) of Pub.
    L. 96-254, May 30, 1980, 94 Stat. 399, as amended, known as the
    Rock Island Railroad Transition and Employee Assistance Act, which
    is classified principally to this chapter. For complete
    classification of title I to the Code, see Short Title note set out
    under section 1001 of this title and Tables.
      The Milwaukee Railroad Restructuring Act, referred to in subsecs.
    (a)(2) and (c), is Pub. L. 96-101, Nov. 4, 1979, 93 Stat. 736, as
    amended, which is classified principally to chapter 18 (Sec. 901 et
    seq.) of this title. For complete classification of this Act to the
    Code, see Short Title note set out under section 901 of this title
    and Tables.
      Section 1008 of this title, referred to in subsec. (b), was
    repealed by Pub. L. 97-468, title II, Sec. 234(a), Jan. 14, 1983,
    96 Stat. 2547.
      The United States Court of Claims, referred to in subsec. (c),
    and the United States Court of Customs and Patent Appeals were
    merged effective Oct. 1, 1982, into a new United States Court of
    Appeals for the Federal Circuit by Pub. L. 97-164, Apr. 2, 1982, 96
    Stat. 25, which also created a United States Claims Court [now
    United States Court of Federal Claims] that inherited the trial
    jurisdiction of the Court of Claims. See sections 48, 171 et seq.,
    791 et seq., and 1491 et seq. of Title 28, Judiciary and Judicial
    Procedure.


-MISC1-
                                AMENDMENTS                            
      1984 - Subsec. (b). Pub. L. 98-620 struck out provision requiring
    the court to render a final decision no later than 60 days after
    the filing of the last such appeal.

                     EFFECTIVE DATE OF 1984 AMENDMENT                 
      Amendment by Pub. L. 98-620 not applicable to cases pending on
    Nov. 8, 1984, see section 403 of Pub. L. 98-620, set out as a note
    under section 1657 of Title 28, Judiciary and Judicial Procedure.

                              EFFECTIVE DATE                          
      Section effective Oct. 14, 1980, see section 710(d) of Pub. L. 96-
    448, set out as an Effective Date of 1980 Amendment note under
    section 1170 of Title 11, Bankruptcy.

-FOOTNOTE-
    (!1) See References in Text note below.


-End-


-CITE-
    45 USC CHAPTER 20 - NORTHEAST RAIL SERVICE                  01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 20 - NORTHEAST RAIL SERVICE

-HEAD-
                    CHAPTER 20 - NORTHEAST RAIL SERVICE                

-MISC1-
    Sec.                                                     
    1101.       Congressional findings and declarations.              
    1102.       Statement of purpose.                                 
    1103.       Goals and objectives.                                 
    1104.       Definitions.                                          
    1105.       Judicial review.                                      
                  (a)  Special court; exclusive jurisdiction for civil
                        actions.                                      
                  (b)  Appeal.                                        
                  (c)  Scope of review of administrative actions.     
    1106.       Exemption from transfer taxes and fees; recordation.  
    1107.       Repealed.                                             
    1108.       Concerted economic action.                            
                  (a)  Strikes interfering with rail freight service
                        of Conrail.                                   
                  (b)  Strikes interfering with Amtrak Commuter's rail
                        passenger service.                            
                  (c)  Railway Labor Act deemed violated.             
    1109.       Effectuation of cost reductions.                      
    1110, 1111. Repealed.                                             
    1112.       Interstate Commerce Commission proceedings.           
                  (a)  Final decisions involving railroads in
                        bankruptcy.                                   
                  (b)  Final decisions involving profitable railroads.
                  (c)  Interest of United States attaching in
                        bankruptcy, liquidation, abandonment, etc.    
    1113.       Intercity passenger service.                          
                  (a)  Responsibility of Conrail to provide crews
                        terminated; negotiations for employee
                        transfers.                                    
                  (b)  Eligibility of employees for employee
                        protection benefits.                          
    1114.       Repealed.                                             
    1115.       Redemption of stock.                                  
    1116.       Applicability of other laws.                          

-End-



-CITE-
    45 USC Sec. 1101                                            01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 20 - NORTHEAST RAIL SERVICE

-HEAD-
    Sec. 1101. Congressional findings and declarations

-STATUTE-
      The Congress finds and declares that - 
        (1) the processes set in motion by the Regional Rail
      Reorganization Act of 1973 [45 U.S.C. 701 et seq.] have failed to
      create a self-sustaining railroad system in the Northeast region
      of the United States and have cost United States taxpayers many
      billions of dollars over original estimates;
        (2) current arrangements for the provision of rail freight and
      commuter service in the Northeast and Midwest regions of the
      United States are inadequate to meet the transportation needs of
      the public and the needs of national security;
        (3) although the Federal Government has provided billions of
      dollars in assistance for Conrail and its employees, the Federal
      interest in ensuring the flow of interstate commerce through rail
      service in the private sector has not been achieved, and the
      protection of interstate commerce requires Federal intervention
      to preserve essential rail service in the private sector;
        (4) the provisions for protection of employees of bankrupt
      railroads contained in the Regional Rail Reorganization Act of
      1973 [45 U.S.C. 701 et seq.] have resulted in the payment of
      benefits far in excess of levels anticipated at the time of
      enactment, have imposed an excessive fiscal burden on the Federal
      taxpayer, and are now an obstacle to the establishment of
      improved rail service and continued rail employment in the
      Northeast region of the United States; and
        (5) since holding Conrail liable for employee protection
      payments would destroy its prospects of becoming a profitable
      carrier and further injure its employees, an alternative employee
      protection system must be developed and funded.

-SOURCE-
    (Pub. L. 97-35, title XI, Sec. 1132, Aug. 13, 1981, 95 Stat. 644.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Regional Rail Reorganization Act of 1973, referred to in
    pars. (1) and (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.


-MISC1-
                              EFFECTIVE DATE                          
      Section 1169 of subtitle E (Secs. 1131-1169) of title XI of Pub.
    L. 97-35 provided that: "Except as otherwise provided, the
    provisions of and the amendments made by this subtitle [see Short
    Title note set out below] shall take effect on the date of the
    enactment of this subtitle [Aug. 13, 1981]."

                                SHORT TITLE                            
      Section 1131 of subtitle E (Secs. 1131-1169) of title XI of Pub.
    L. 97-35 provided that: "This subtitle [enacting this chapter, and
    sections 159a, 581 to 590, 727 to 729, 744a, 748, 761 to 769c, and
    797 to 797m of this title, amending sections 601, 702, 711 to 713,
    724, 741, 743, 745, 821, 825, and 829 of this title, repealing
    sections 771 to 780, 910, and 1006 of this title, and enacting
    provisions set out as notes under sections 744a, 771, and 1101 of
    this title] may be cited as the 'Northeast Rail Service Act of
    1981'."

-End-



-CITE-
    45 USC Sec. 1102                                            01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 20 - NORTHEAST RAIL SERVICE

-HEAD-
    Sec. 1102. Statement of purpose

-STATUTE-
      It is therefore declared to be the purpose of the Congress in
    this subtitle to provide for - 
        (1) the removal by a date certain of the Federal Government's
      obligation to subsidize the freight operations of Conrail;
        (2) transfer of Conrail commuter service responsibilities to
      one or more entities whose principal purpose is the provision of
      commuter service; and
        (3) an orderly return of Conrail freight service to the private
      sector.

-SOURCE-
    (Pub. L. 97-35, title XI, Sec. 1133, Aug. 13, 1981, 95 Stat. 644.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This subtitle, referred to in text, is subtitle E (Secs. 1131-
    1169) of title XI of Pub. L. 97-35, Aug. 13, 1981, 95 Stat. 643,
    as amended, known as the Northeast Rail Service Act of 1981. For
    complete classification of this subtitle to the Code, see Short
    Title note set out under section 1101 of this title and Tables.

-End-



-CITE-
    45 USC Sec. 1103                                            01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 20 - NORTHEAST RAIL SERVICE

-HEAD-
    Sec. 1103. Goals and objectives

-STATUTE-
      It is the goal of this subtitle to provide Conrail the
    opportunity to become profitable through the achievement of the
    following objectives:
      (1) Nonagreement personnel
        (A) Employees who are not subject to collective bargaining
      agreements (hereafter in this section referred to as
      "nonagreement personnel") should forego wage increases and
      benefits in an amount proportionately equivalent to the amount
      foregone by agreement employees pursuant to paragraph (4) of this
      section, adjusted annually to reflect inflation.
        (B) After May 1, 1981, the number of nonagreement personnel
      should be reduced proportionately to any reduction in agreement
      employees (excluding reductions pursuant to the termination
      program under section 797a of this title).
      (2) Suppliers
        To facilitate the orderly movement of goods in interstate
      commerce, materials and services should continue to be available
      to Conrail, under normal business practices, including the
      provision of credit and normal financing arrangements.
      (3) Shippers
        Conrail should utilize the revenue opportunities available to
      it under the Staggers Rail Act of 1980 and subtitle IV of title
      49.
      (4) Agreement employees
        (A) Conrail should enter into collective bargaining agreements
      with its employees which would reduce Conrail's costs in an
      amount equal to $200,000,000 a year, beginning April 1, 1981,
      adjusted annually to reflect inflation.
        (B) Agreements under this subparagraph may provide for
      reductions in wage increases and for changes in fringe benefits
      common to agreement employees, including vacations and holidays.
        (C) The cost reductions required under this subparagraph in the
      first year of the agreement may be deferred, but the aggregate
      cost reductions should be no less than an average of $200,000,000
      per year for each of the first three one-year periods beginning
      April 1, 1981.
        (D) The amount of cost reductions provided under this paragraph
      shall be calculated by subtracting the cost of an agreement
      entered into under this paragraph from (i) the cost that would
      otherwise result from the application of the national agreement
      reached by railroad industry and its employees, or (ii) until
      such national agreement is reached, the cost which the United
      States Railway Association estimates would result from the
      application of such a national agreement.

-SOURCE-
    (Pub. L. 97-35, title XI, Sec. 1134, Aug. 13, 1981, 95 Stat. 645.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This subtitle, referred to in text, is subtitle E (Secs. 1131-
    1169) of title XI of Pub. L. 97-35, Aug. 13, 1981, 95 Stat. 643,
    as amended, known as the Northeast Rail Service Act of 1981. For
    complete classification of this subtitle to the Code, see Short
    Title note set out under section 1101 of this title and Tables.
      The Staggers Rail Act of 1980, referred to in par. (3), is Pub.
    L. 96-448, Oct. 14, 1980, 94 Stat. 1895, as amended. For complete
    classification of this Act to the Code, see Short Title of 1980
    Amendment note set out under section 10101 of Title 49,
    Transportation, and Tables.


-TRANS-
      ABOLITION OF UNITED STATES RAILWAY ASSOCIATION AND TRANSFER OF
                         FUNCTIONS AND SECURITIES
      See section 1341 of this title.

-End-



-CITE-
    45 USC Sec. 1104                                            01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 20 - NORTHEAST RAIL SERVICE

-HEAD-
    Sec. 1104. Definitions

-STATUTE-
      As used in this subtitle, unless the context otherwise requires,
    the term:
        (1) "Amtrak" means the National Railroad Passenger Corporation
      created under chapter 243 of title 49.
        (2) "Commission" means the Interstate Commerce Commission.
        (3) "Commuter authority" means any State, local, or regional
      authority, corporation, or other entity established for purposes
      of providing commuter service, and includes the Metropolitan
      Transportation Authority, the Connecticut Department of
      Transportation, the Maryland Department of Transportation, the
      Southeastern Pennsylvania Transportation Authority, the New
      Jersey Transit Corporation, the Massachusetts Bay Transportation
      Authority, the Port Authority Trans-Hudson Corporation, any
      successor agencies, and any entity created by one or more such
      agencies for the purpose of operating, or contracting for the
      operation of, commuter service.
        (4) "Commuter service" means short-haul rail passenger service
      operated in metropolitan and suburban areas, whether within or
      across the geographical boundaries of a State, usually
      characterized by reduced fare, multiple-ride, and commutation
      tickets, and by morning and evening peak period operations.
        (5) "Conrail" means the Consolidated Rail Corporation created
      under title III of the Regional Rail Reorganization Act of 1973
      (45 U.S.C. 741 et seq.).
        (6) "Rail carrier" means a common carrier engaged in interstate
      or foreign commerce by rail subject to subtitle IV of title 49.
        (7) "Secretary" means the Secretary of Transportation.
        (8) "Special court" means the judicial panel established under
      section 209(b)(1) of the Regional Rail Reorganization Act of 1973
      (45 U.S.C. 719(b)(1)) or, with respect to any proceedings that
      arise or continue after the panel is abolished pursuant to
      section 209(b)(2) of such Act [45 U.S.C. 719(b)(2)], the United
      States District Court for the District of Columbia.

-SOURCE-
    (Pub. L. 97-35, title XI, Sec. 1135(a), Aug. 13, 1981, 95 Stat.
    645; Pub. L. 104-317, title VI, Sec. 605(c)(3), Oct. 19, 1996, 110
    Stat. 3859.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This subtitle, referred to in text, is subtitle E (Secs. 1131-
    1169) of title XI of Pub. L. 97-35, Aug. 13, 1981, 95 Stat. 643,
    as amended, known as the Northeast Rail Service Act of 1981. For
    complete classification of this subtitle to the Code, see Short
    Title note set out under section 1101 of this title and Tables.
      The Regional Rail Reorganization Act of 1973, referred to in par.
    (5), is Pub. L. 93-236, Jan. 2, 1974, 87 Stat. 985, as amended.
    Title III of the Regional Rail Reorganization Act of 1973 is
    classified generally to subchapter III (Sec. 741 et seq.) of
    chapter 16 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.

-COD-
                               CODIFICATION                           
      In par. (1), "chapter 243 of title 49" substituted for "title III
    of the Rail Passenger Service Act (45 U.S.C. 541 et seq.)" on
    authority of Pub. L. 103-272, Sec. 6(b), July 5, 1994, 108 Stat.
    1378, the first section of which enacted subtitles II, III, and V
    to X of Title 49, Transportation.


-MISC1-
                                AMENDMENTS                            
      1996 - Par. (8). Pub. L. 104-317 amended par. generally. Prior to
    amendment, par. read as follows: " 'Special court' means the
    judicial panel established under section 209 of the Regional Rail
    Reorganization Act of 1973 (45 U.S.C. 719)."

                     EFFECTIVE DATE OF 1996 AMENDMENT                 
      Amendment by Pub. L. 104-317 effective 90 days after Oct. 19,
    1996, and except as otherwise provided, applicable proceedings that
    arise or continue after such effective date, see section 605(e) of
    Pub. L. 104-317, set out as a note under section 719 of this title.


-TRANS-
        ABOLITION OF INTERSTATE COMMERCE COMMISSION AND TRANSFER OF
                                 FUNCTIONS
      Interstate Commerce Commission abolished and functions of
    Commission transferred, except as otherwise provided in Pub. L. 104-
    88, 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.

-End-



-CITE-
    45 USC Sec. 1105                                            01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 20 - NORTHEAST RAIL SERVICE

-HEAD-
    Sec. 1105. Judicial review

-STATUTE-
    (a) Special court; exclusive jurisdiction for civil actions
      Notwithstanding any other provision of law, the special court
    shall have original and exclusive jurisdiction over any civil
    action - 
        (1) for injunctive, declaratory, or other relief relating to
      the enforcement, operation, execution, or interpretation of any
      provision of or amendment made by this subtitle or part 2 of the
      Conrail Privatization Act [45 U.S.C. 1311 et seq.], or
      administrative action taken thereunder to the extent such action
      is subject to judicial review;
        (2) challenging the constitutionality of any provision of or
      amendment made by this subtitle or part 2 of the Conrail
      Privatization Act [45 U.S.C. 1311 et seq.];
        (3) to obtain, inspect, copy, or review any document in the
      possession or control of the Secretary, Conrail, the United
      States Railway Association, or Amtrak that would be discoverable
      in litigation under any provision of or amendment made by this
      subtitle or part 2 of the Conrail Privatization Act [45 U.S.C.
      1311 et seq.]; or
        (4) seeking judgment upon any claim against the United States
      founded upon the Constitution and resulting from the operation of
      any provision of or amendment made by this subtitle or part 2 of
      the Conrail Privatization Act [45 U.S.C. 1311 et seq.].
    (b) Appeal
      An order or judgment of the United States District Court for the
    District of Columbia in any action referred to in this section
    shall be reviewable in accordance with sections 1291, 1292, and
    1294 of title 28.
    (c) Scope of review of administrative actions
      Administrative action under the provisions of or amendments made
    by this subtitle or part 2 of the Conrail Privatization Act [45
    U.S.C. 1311 et seq.] which is subject to review shall be upheld
    unless such action is found to be unlawful under standards
    established for review of informal agency action under paragraphs
    (2)(A), (B), (C), and (D) of section 706 of title 5. The
    requirements of this subtitle or part 2 of the Conrail
    Privatization Act [45 U.S.C. 1311 et seq.], as the case may be,
    shall constitute the exclusive procedures required by law for such
    administrative action.

-SOURCE-
    (Pub. L. 97-35, title XI, Sec. 1152, Aug. 13, 1981, 95 Stat. 676;
    Pub. L. 99-509, title IV, Sec. 4033(c)(1)(A), Oct. 21, 1986, 100
    Stat. 1908; Pub. L. 100-352, Sec. 6(f), June 27, 1988, 102 Stat.
    664; Pub. L. 104-317, title VI, Sec. 605(b)(3), (c)(4), Oct. 19,
    1996, 110 Stat. 3859.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This subtitle, referred to in subsecs. (a) and (c), is subtitle E
    (Secs. 1131-1169) of title XI of Pub. L. 97-35, Aug. 13, 1981, 95
    Stat. 643, as amended, known as the Northeast Rail Service Act of
    1981. For complete classification of this subtitle to the Code, see
    Short Title note set out under section 1101 of this title and
    Tables.
      The Conrail Privatization Act, referred to in subsecs. (a) and
    (c), is subtitle A (Secs. 4001-4052) of title IV of Pub. L. 99-509,
    Oct. 21, 1986, 100 Stat. 1892. Part 2 of that Act is classified
    principally to subchapter II (Sec. 1311 et seq.) of chapter 22 of
    this title. For complete classification of this Act to the Code,
    see Short Title note set out under section 1301 of this title and
    Tables.


-MISC1-
                                AMENDMENTS                            
      1996 - Subsec. (b). Pub. L. 104-317, Sec. 605(b)(3), added
    heading and text of subsec. (b) and struck out former subsec. (b)
    which read as follows: "A judgment of the special court in any
    action referred to in this section shall be reviewable only upon
    petition for a writ of certiorari to the Supreme Court of the
    United States. Such review is exclusive and any such petition shall
    be filed in the Supreme Court not more than 20 days after entry of
    such order or judgment."
      Subsec. (d). Pub. L. 104-317, Sec. 605(c)(4), struck out subsec.
    (d) which read as follows: "If the volume of civil actions under
    subsection (a) of this section so requires, the United States
    Railway Association shall apply to the judicial panel on multi-
    district litigation authorized by section 1407 of title 28 for the
    assignment of additional judges to the special court. Within 30
    days after the date of such application, the panel shall assign to
    the special court such additional judges as may be necessary to
    exercise the jurisdiction described in subsection (a) of this
    section."
      1988 - Subsec. (b). Pub. L. 100-352 struck out ", except that any
    order or judgment enjoining the enforcement, or declaring or
    determining the unconstitutionality or invalidity, of any provision
    of this subtitle shall be reviewable by direct appeal to the
    Supreme Court of the United States" at end of first sentence and
    substituted "such petition shall be filed in the Supreme Court" for
    "petition or appeal shall be filed" in second sentence.
      1986 - Subsecs. (a), (b). Pub. L. 99-509, Sec. 4033(c)(1)(A)(i),
    inserted "or part 2 of the Conrail Privatization Act" after
    "subtitle" wherever appearing.
      Subsec. (c). Pub. L. 99-509, Sec. 4033(c)(1)(A), inserted "or
    part 2 of the Conrail Privatization Act" after "subtitle" in first
    sentence and "or part 2 of the Conrail Privatization Act, as the
    case may be," after "subtitle" in second sentence.

                     EFFECTIVE DATE OF 1996 AMENDMENT                 
      Amendment by Pub. L. 104-317 effective 90 days after Oct. 19,
    1996, and except as otherwise provided, applicable to proceedings
    that arise or continue after such effective date, see section
    605(e) of Pub. L. 104-317, set out as a note under section 719 of
    this title.

                     EFFECTIVE DATE OF 1988 AMENDMENT                 
      Amendment by Pub. L. 100-352 effective ninety days after June 27,
    1988, except that such amendment not to apply to cases pending in
    Supreme Court on such effective date or affect right to review or
    manner of reviewing judgment or decree of court which was entered
    before such effective date, see section 7 of Pub. L. 100-352, set
    out as a note under section 1254 of Title 28, Judiciary and
    Judicial Procedure.

                      CASES PENDING IN SPECIAL COURT                  
      For applicability of amendment by Pub. L. 104-317 to cases
    pending in special court established under section 719(b) of this
    title, see section 605(d) of Pub. L. 104-317, set out as a note
    under section 719 of this title.


-TRANS-
      ABOLITION OF UNITED STATES RAILWAY ASSOCIATION AND TRANSFER OF
                         FUNCTIONS AND SECURITIES
      See section 1341 of this title.

-End-



-CITE-
    45 USC Sec. 1106                                            01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 20 - NORTHEAST RAIL SERVICE

-HEAD-
    Sec. 1106. Exemption from transfer taxes and fees; recordation

-STATUTE-
      (a)(1) All transfers or conveyances of any interest in rail
    property (whether real, personal, or mixed) which are made under
    any provision of or amendment made by this subtitle shall be exempt
    from any taxes, imposts, or levies now or hereby imposed, by the
    United States or by any State or any political subdivision of a
    State, on or in connection with such transfers or conveyances or on
    the recording of deeds, bills of sale, liens, encumbrances,
    easements, or other instruments evidencing, effectuating, or
    incident to any such transfers or conveyances, whether imposed on
    the transferor or on the transferee. Such transferors and
    transferees shall be entitled to record any such deeds, bills of
    sale, liens, encumberances,(!1) easements, or other instruments,
    and to record the release or removal of any preexisting liens or
    encumbrances of record with respect to properties so transferred or
    conveyed, upon payment of any appropriate and generally applicable
    charges to compensate for the cost of the service performed.

      (2) This section shall not apply to Federal income tax laws.
      (b) Transfer of designated real property (including any interest
    in real property) authorized by the amendments made by part 2 of
    this subtitle shall have the same effect for purposes of rights and
    priorities with respect to such property as recordation on the
    transfer date of appropriate deeds, or other appropriate
    instruments, in offices appointed under State law for such
    recordation, except that acquiring rail carriers and other entities
    shall proffer such deeds or other instruments for recordation
    within 36 months after the transfer date as a condition of
    preserving such rights and priorities beyond the expiration of that
    period. Conrail shall cooperate in effecting the timely
    preparation, execution, and proffering for recordation of such
    deeds and other instruments.

-SOURCE-
    (Pub. L. 97-35, title XI, Sec. 1153, Aug. 13, 1981, 95 Stat. 677.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This subtitle, referred to in subsecs. (a)(1) and (b), is
    subtitle E (Secs. 1131-1169) of title XI of Pub. L. 97-35, Aug. 13,
    1981, 95 Stat. 643, as amended, known as the Northeast Rail Service
    Act of 1981. Part 2 (Secs. 1136-1142) of subtitle E enacted
    sections 581 to 587, 727, 744a, and 761 to 769a of this title,
    amended sections 601 and 741 of this title, and enacted provisions
    set out as a note under section 744a of this title. For complete
    classification of this subtitle to the Code, see Short Title note
    set out under section 1101 of this title and Tables.

-FOOTNOTE-
    (!1) So in original. Probably should be "encumbrances,".


-End-



-CITE-
    45 USC Sec. 1107                                            01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 20 - NORTHEAST RAIL SERVICE

-HEAD-
    Sec. 1107. Repealed. Pub. L. 99-509, title IV, Sec.
      4033(c)(1)(C)(i)(I), Oct. 21, 1986, 100 Stat. 1908

-MISC1-
      Section, Pub. L. 97-35, title XI, Sec. 1154, Aug. 13, 1981, 95
    Stat. 677, provided that no distribution of assets of Conrail could
    be made with respect to any claims of United States until all other
    valid claims against Conrail were satisfied or until arrangements
    had been made for their satisfaction.

-End-



-CITE-
    45 USC Sec. 1108                                            01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 20 - NORTHEAST RAIL SERVICE

-HEAD-
    Sec. 1108. Concerted economic action

-STATUTE-
    (a) Strikes interfering with rail freight service of Conrail
      Any person engaging in concerted economic action over disputes
    with Amtrak Commuter or any commuter authority shall not be
    entitled to engage in any strike against, or otherwise to induce
    any employee of, Conrail, where an effect thereof is to interfere
    with rail freight service provided by Conrail.
    (b) Strikes interfering with Amtrak Commuter's rail passenger
      service
      Any person engaging in concerted economic action over disputes
    arising out of freight operations provided by Conrail shall not be
    entitled to engage in any strike against, or otherwise to induce
    any employee of, Amtrak Commuter or any commuter authority, where
    an effect thereof is to interfere with rail passenger service.
    (c) Railway Labor Act deemed violated
      Any concerted action in violation of this section shall be deemed
    to be a violation of the Railway Labor Act [45 U.S.C. 151 et seq.].

-SOURCE-
    (Pub. L. 97-35, title XI, Sec. 1158, Aug. 13, 1981, 95 Stat. 682.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Railway Labor Act, referred to in subsec. (c), is act May 20,
    1926, ch. 347, 44 Stat. 577, as amended, which is classified
    principally to chapter 8 (Sec. 151 et seq.) of this title. For
    complete classification of this Act to the Code, see section 151 of
    this title and Tables.

-End-



-CITE-
    45 USC Sec. 1109                                            01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 20 - NORTHEAST RAIL SERVICE

-HEAD-
    Sec. 1109. Effectuation of cost reductions

-STATUTE-
      Any cost reductions resulting from the provisions of or the
    amendments made by this subtitle shall not be used to limit the
    maximum level of any rate charged by Conrail for the provision of
    rail service, to limit the amount of any increase in any such rate
    (including rates maintained jointly by Conrail and other rail
    carriers), or to limit a surcharge or cancellation otherwise lawful
    under chapter 107 (!1) of title 49.


-SOURCE-
    (Pub. L. 97-35, title XI, Sec. 1159, Aug. 13, 1981, 95 Stat. 682.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This subtitle, referred to in text, is subtitle E (Secs. 1131-
    1169) of title XI of Pub. L. 97-35, Aug. 13, 1981, 95 Stat. 643,
    as amended, known as the Northeast Rail Service Act of 1981. For
    complete classification of this subtitle to the Code, see Short
    Title note set out under section 1101 of this title and Tables.
      Chapter 107 of title 49, referred to in text, was omitted and a
    new chapter 107 enacted in the general amendment of subtitle IV of
    Title 49, Transportation, by Pub. L. 104-88, title I, Sec. 102(a),
    Dec. 29, 1995, 109 Stat. 804, 809.

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    45 USC Sec. 1110                                            01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 20 - NORTHEAST RAIL SERVICE

-HEAD-
    Sec. 1110. Repealed. Pub. L. 99-509, title IV, Sec.
      4033(c)(1)(C)(i)(II), Oct. 21, 1986, 100 Stat. 1908

-MISC1-
      Section, Pub. L. 97-35, title XI, Sec. 1161, Aug. 13, 1981, 95
    Stat. 682, related to transfer of Conrail light density rail
    service lines.

-End-



-CITE-
    45 USC Sec. 1111                                            01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 20 - NORTHEAST RAIL SERVICE

-HEAD-
    Sec. 1111. Repealed. Pub. L. 105-134, title IV, Sec. 408, Dec. 2,
      1997, 111 Stat. 2586

-MISC1-
      Section, Pub. L. 97-35, title XI, Sec. 1163, Aug. 13, 1981, 95
    Stat. 685; Pub. L. 99-272, title IV, Sec. 4017(a)(1), Apr. 7, 1986,
    100 Stat. 110, related to Northeast Corridor cost dispute.

-End-



-CITE-
    45 USC Sec. 1112                                            01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 20 - NORTHEAST RAIL SERVICE

-HEAD-
    Sec. 1112. Interstate Commerce Commission proceedings

-STATUTE-
    (a) Final decisions involving railroads in bankruptcy
      Notwithstanding any other provision of subtitle IV of title 49,
    in any proceeding before the Commission under section 11324 or
    11325 of title 49 involving a railroad in the Region, as defined in
    section 702 of this title, which was in a bankruptcy proceeding
    under section 77 of the Bankruptcy Act on November 4, 1979, the
    Commission shall, with or without a hearing, issue a final decision
    within a period not to exceed 180 days after receipt of an
    application under either such section.
    (b) Final decisions involving profitable railroads
      Notwithstanding any other provision of subtitle IV of title 49,
    in any proceeding before the Commission under section 11324 or
    11325 of title 49 involving a profitable railroad in the Region, as
    defined in section 702 of this title, which received a loan under
    section 721(a) of this title, the Commission shall, with or without
    a hearing, issue a final decision within a period not to exceed 180
    days after receipt of an application under either such section.
    (c) Interest of United States attaching in bankruptcy, liquidation,
      abandonment, etc.
      (1) If the Secretary determines under subsection (b) of this
    section that there is an agreement between a profitable railroad in
    the Region (as defined in section 702 of this title) which received
    a loan under section 721(a) of this title and a prospective
    purchaser for the sale of such railroad, the Secretary shall limit
    the interest of the United States in any debt of such a railroad to
    an interest which attaches to such debt in the event of bankruptcy
    or substantial sale or liquidation of the assets of the railroad.
    The Secretary may substitute for the evidence of such debt
    contingency notes payable solely from the railroad operating assets
    then securing such debt, including reinvestments thereof, or such
    other contingency notes as the Secretary deems appropriate and
    which conform to the terms set forth in this subsection.
      (2) If the interest of the United States is limited under
    paragraph (1), any new debt issued by such a railroad subsequent to
    the issuance of the debt described in paragraph (1) may have such
    higher priority in the event of bankruptcy, liquidation, or
    abandonment of the assets of such a railroad than the debt
    described in such paragraph as the Secretary and the railroad may
    agree.
      (3) In carrying out the duties under this subsection, the
    Secretary may (A) enter into such agreements, (B) in accordance
    with any such agreements, cancel or cause to be cancelled or amend
    or cause to be amended any notes or securities currently held by
    agencies or instrumentalities of the United States, and (C) accept
    in exchange as substitution therefor such instruments evidencing
    the indebtedness owed to such agencies or instrumentalities as, in
    the Secretary's judgment, will effectuate the purposes of this
    subsection.

-SOURCE-
    (Pub. L. 97-35, title XI, Sec. 1164, Aug. 13, 1981, 95 Stat. 685;
    Pub. L. 97-468, title V, Sec. 510, Jan. 14, 1983, 96 Stat. 2554;
    Pub. L. 104-88, title III, Sec. 331, Dec. 29, 1995, 109 Stat. 953.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 77 of the Bankruptcy Act, referred to in subsec. (a), was
    classified to section 205 of former Title 11, Bankruptcy. The
    Bankruptcy Act (act July 1, 1898, ch. 541, 30 Stat. 544, as
    amended) was repealed effective Oct. 1, 1979, by Pub. L. 95-598,
    Secs. 401(a), 402(a), Nov. 6, 1978, 92 Stat. 2682, section 101 of
    which enacted revised Title 11. For current provisions relating to
    railroad reorganization, see subchapter IV (Sec. 1161 et seq.) of
    chapter 11 of Title 11.


-MISC1-
                                AMENDMENTS                            
      1995 - Subsecs. (a), (b). Pub. L. 104-88 substituted "section
    11324 or 11325" for "section 11344 or 11345".
      1983 - Subsec. (c)(1). Pub. L. 97-468, Sec. 510(1), substituted
    "bankruptcy or substantial sale" for "bankruptcy, substantial
    sale," after "in the event of", and in last sentence substituted
    permission for the Secretary to substitute contingency notes for
    evidence of the debt for the requirement that the Secretary
    substitute contingency notes for evidence of the debt and inserted
    provision that the contingency notes be payable solely from the
    railroad operating assets then securing such debt, including
    reinvestments thereof, or be other contingency notes as the
    Secretary deems appropriate.
      Subsec. (c)(2). Pub. L. 97-468, Sec. 510(2), substituted
    permission that new debt may have such higher priority in the event
    of bankruptcy, liquidation, or abandonment of the assets of such a
    railroad than the debt described in par. (1) as the Secretary and
    the railroad may agree for the requirement that such debt have
    higher priority in the event of bankruptcy, liquidation, or
    abandonment of the assets of Conrail than the debt described in
    par. (1).
      Subsec. (c)(3). Pub. L. 97-468, Sec. 510(3), added par. (3).

                     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.


-TRANS-
        ABOLITION OF INTERSTATE COMMERCE COMMISSION AND TRANSFER OF
                                 FUNCTIONS
      Interstate Commerce Commission abolished and functions of
    Commission transferred, except as otherwise provided in Pub. L. 104-
    88, 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.

-End-



-CITE-
    45 USC Sec. 1113                                            01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 20 - NORTHEAST RAIL SERVICE

-HEAD-
    Sec. 1113. Intercity passenger service

-STATUTE-
    (a) Responsibility of Conrail to provide crews terminated;
      negotiations for employee transfers
      After January 1, 1983, Conrail shall be relieved of the
    responsibility to provide crews for intercity passenger service on
    the Northeast Corridor. Amtrak, Amtrak Commuter, and Conrail, and
    the employees with seniority in both freight and passenger service
    shall commence negotiations not later than 120 days after August
    13, 1981, for the right of such employees to move from one service
    to the other once each six-month period. Such agreement shall
    ensure that Conrail, Amtrak, and Amtrak Commuter have the right to
    furlough one employee in the same class or craft for each employee
    who returns through the exercise of seniority rights. If agreement
    is not reached within 360 days, such matter shall be submitted to
    binding arbitration.
    (b) Eligibility of employees for employee protection benefits
      Conrail employees who are deprived of employment by an assumption
    or discontinuance of intercity passenger service by Amtrak shall be
    eligible for employee protection benefits under section 797 (!1) of
    this title, notwithstanding any other provision of law, agreement,
    or arrangement, and notwithstanding the inability of such employees
    otherwise to meet the eligibility requirements of such section.
    Such protection shall be the exclusive protection applicable to
    Conrail employees deprived of employment or adversely affected by
    any such assumption or discontinuance.


-SOURCE-
    (Pub. L. 97-35, title XI, Sec. 1165, Aug. 13, 1981, 95 Stat. 686;
    Pub. L. 97-468, title V, Sec. 505(a), Jan. 14, 1983, 96 Stat.
    2553.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 797 of this title, referred to in subsec. (b), was
    repealed by Pub. L. 99-509, title IV, Sec. 4024(c), Oct. 21, 1986,
    100 Stat. 1904, effective on the sale date (Apr. 2, 1987).

-COD-
                               CODIFICATION                           
      "August 13, 1981", referred to in subsec. (a), was in the
    original "the date of the enactment", which was editorially
    translated as the date of the enactment of this section, as the
    probable intent of Congress.


-MISC1-
                                AMENDMENTS                            
      1983 - Pub. L. 97-468, Sec. 505(a), designated existing
    provisions as subsec. (a) and added subsec. (b).

     CONRAIL EMPLOYEES ELIGIBLE FOR EMPLOYEE PROTECTION BENEFITS UNDER
                 REGIONAL RAIL REORGANIZATION ACT OF 1973
      Pub. L. 97-377, title I, Sec. 137, Dec. 21, 1982, 96 Stat. 1915,
    provided that: "Conrail employees who are deprived of employment by
    assumption or discontinuance of intercity passenger service by
    Amtrak shall hereafter be eligible for employee protection benefits
    under section 701 of the Regional Rail Reorganization Act of 1973
    (45 U.S.C. 797), notwithstanding any other provision of law,
    agreement, or arrangement, and notwithstanding the inability of
    such employees otherwise to meet the eligibility requirements of
    such section. Such protection shall be the exclusive protection
    applicable to Conrail employees deprived of employment or adversely
    affected by any such assumption or discontinuance."

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    45 USC Sec. 1114                                            01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 20 - NORTHEAST RAIL SERVICE

-HEAD-
    Sec. 1114. Repealed. Pub. L. 99-509, title IV, Sec.
      4033(c)(1)(C)(i)(III), Oct. 21, 1986, 100 Stat. 1908

-MISC1-
      Section, Pub. L. 97-35, title XI, Sec. 1166, Aug. 13, 1981, 95
    Stat. 686, related to grant of trackage rights to any terminal
    railroad operating primarily in Philadelphia.

-End-



-CITE-
    45 USC Sec. 1115                                            01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 20 - NORTHEAST RAIL SERVICE

-HEAD-
    Sec. 1115. Redemption of stock

-STATUTE-
      For the purpose of computing the amount for which certificates of
    value shall be redeemable under section 746 of this title, the
    series B preferred stock and the common stock conveyed to the
    Secretary under section 1107 (!1) of this title shall be deemed to
    be without fair market value unless in a proceeding brought under
    section 1105(a)(4) of this title the special court shall have
    determined that such securities had a value and shall have entered
    a judgment against the United States for that value. In such an
    event, the securities shall for purposes of section 746 of this
    title be deemed to have that value found by the special court.


-SOURCE-
    (Pub. L. 97-35, title XI, Sec. 1167(b), Aug. 13, 1981, 95 Stat.
    686.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 1107 of this title, referred to in text, was repealed by
    Pub. L. 99-509, title IV, Sec. 4033(c)(1)(C)(i)(I), Oct. 21, 1986,
    100 Stat. 1908.

-COD-
                               CODIFICATION                           
      Section is comprised of subsec. (b) of section 1167 of Pub. L. 97-
    35. Subsec. (a) of section 1167 amended section 743 of this title.
    Subsec. (c) of section 1167, which was set out as subsec. (b) of
    this section and which provided that the clerk of the special court
    convey to the Secretary certain series B preferred stock and common
    stock of Conrail on deposit with the court, and authorized the
    Secretary to hold and exercise all rights to such Conrail
    securities, was repealed by Pub. L. 99-509, title IV, Sec.
    4033(c)(1)(C)(i)(IV), Oct. 21, 1986, 100 Stat. 1908.

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    45 USC Sec. 1116                                            01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 20 - NORTHEAST RAIL SERVICE

-HEAD-
    Sec. 1116. Applicability of other laws

-STATUTE-
      (a) The provisions of chapters 5 and 7 of title 5 (popularly
    known as the Administrative Procedure Act and including provisions
    popularly known as the Government in the Sunshine Act), the Federal
    Advisory Committee Act, section 102(2)(C) of the National
    Environmental Policy Act of 1969 [42 U.S.C. 4332(2)(C)], the
    National Historic Preservation Act of 1966 [16 U.S.C. 470 et seq.],
    and section 303 of title 49 are inapplicable to actions taken in
    negotiating, approving, or implementing service transfers under
    title IV of the Regional Rail Reorganization Act of 1973 [45 U.S.C.
    761 et seq.] (!1) and to the implementation of the sale of the
    interest of the United States in Conrail under the Conrail
    Privatization Act [45 U.S.C. 1301 et seq.].

      (b) The operation of trains by Conrail shall not be subject to
    the requirement of any State or local law which specifies the
    minimum number of crew members who must be employed in connection
    with the operation of such trains.

-SOURCE-
    (Pub. L. 97-35, title XI, Sec. 1168, Aug. 13, 1981, 95 Stat. 687;
    Pub. L. 99-509, title IV, Sec. 4033(c)(1)(B), Oct. 21, 1986, 100
    Stat. 1908.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Administrative Procedure Act, referred to in subsec. (a), is
    act June 11, 1946, ch. 324, 60 Stat. 237, as amended, which was
    classified to sections 1001 to 1011 of former title 5 and which was
    repealed and reenacted as subchapter II (Sec. 551 et seq.) of
    chapter 5, and chapter 7 (Sec. 701 et seq.), of Title 5, Government
    Organization and Employees, by Pub. L. 89-554, Sept. 6, 1966, 80
    Stat. 378.
      The Government in the Sunshine Act, referred to in subsec. (a),
    is Pub. L. 94-409, Sept. 13, 1976, 90 Stat. 1241, which enacted
    section 552b of Title 5, amended sections 551, 552, 556, and 557 of
    Title 5, section 10 of Pub. L. 92-463, set out in the Appendix to
    Title 5, and section 410 of Title 39, Postal Service, and enacted
    provisions set out as notes under section 552b of Title 5. For
    complete classification of this Act to the Code, see Short Title of
    1976 Amendment note set out under section 552b of Title 5 and
    Tables.
      The Federal Advisory Committee Act, referred to in subsec. (a),
    is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended, which is
    set out in the Appendix to Title 5.
      The National Historic Preservation Act of 1966, referred to in
    subsec. (a), probably means the National Historic Preservation Act,
    Pub. L. 89-665, Oct. 15, 1966, 80 Stat. 915, as amended, which is
    classified generally to subchapter II (Sec. 470 et seq.) of chapter
    1A of Title 16, Conservation. For complete classification of this
    Act to the Code, see section 470(a) of Title 16 and Tables.
      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 IV of the Regional Rail Reorganization Act of 1973
    was classified generally to subchapter IV (Sec. 761 et seq.) of
    chapter 16 of this title, and was repealed by Pub. L. 99-509, title
    IV, Sec. 4033(a)(1), Oct. 21, 1986, 100 Stat. 1908. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 701 of this title and Tables.
      The Conrail Privatization Act, referred to in subsec. (a), is
    subtitle A (Secs. 4001-4052) of title IV of Pub. L. 99-509, Oct.
    21, 1986, 100 Stat. 1892, which is classified principally to
    chapter 22 (Sec. 1301 et seq.) of this title. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 1301 of this title and Tables.

-COD-
                               CODIFICATION                           
      In subsec. (a), "section 303 of title 49" substituted for
    "section 4(f) of the Department of Transportation Act of 1966 [49
    U.S.C. 1653(f)]" on authority of Pub. L. 97-449, Sec. 6(b), Jan.
    12, 1983, 96 Stat. 2443, the first section of which enacted
    subtitle I (Sec. 101 et seq.) and chapter 31 (Sec. 3101 et seq.) of
    subtitle II of Title 49, Transportation.


-MISC1-
                                AMENDMENTS                            
      1986 - Subsec. (a). Pub. L. 99-509 inserted "and to the
    implementation of the sale of the interest of the United States in
    Conrail under the Conrail Privatization Act".

-FOOTNOTE-
    (!1) See References in Text note below.


-End-


-CITE-
    45 USC CHAPTER 21 - ALASKA RAILROAD TRANSFER                01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 21 - ALASKA RAILROAD TRANSFER

-HEAD-
                   CHAPTER 21 - ALASKA RAILROAD TRANSFER               

-MISC1-
    Sec.                                                     
    1201.       Findings.                                             
    1202.       Definitions.                                          
    1203.       Transfer authorization.                               
                  (a)  Authority of Secretary; time, manner, etc., of
                        transfer.                                     
                  (b)  Simultaneous and interim transfers,
                        conveyances, etc.                             
                  (c)  Reservations to United States in interim
                        conveyances and patents.                      
                  (d)  Certifications by Secretary; scope, subject
                        matter, etc.                                  
    1204.       Transition period.                                    
                  (a)  Joint report by Secretary and Governor of
                        Alaska; contents, preparation, etc.           
                  (b)  Inspection, etc., of rail properties and
                        records; terms and conditions; restrictions.  
                  (c)  Format for accounting practices and systems.   
                  (d)  Fair market value; determination, terms and
                        conditions, etc.                              
    1205.       Lands to be transferred.                              
                  (a)  Availability of lands among rail properties.   
                  (b)  Review and settlement of claims; administrative
                        adjudication; management of lands; procedures
                        applicable.                                   
                  (c)  Judicial review; remedies available; standing
                        of State.                                     
                  (d)  Omitted.                                       
                  (e)  Liability of State for damage to land while
                        used under license.                           
    1206.       Employees of Alaska Railroad.                         
                  (a)  Coverage under Federal civil service retirement
                        laws; election, funding, nature of benefits,
                        etc., for employees transferring to
                        State-owned railroad; voluntary separation
                        incentives.                                   
                  (b)  Coverage for employees not transferring to
                        State-owned railroad.                         
                  (c)  Rights and benefits of transferred employees
                        whose employment with State-owned railroad is
                        terminated.                                   
                  (d)  Lump-sum payment for unused annual leave for
                        employees transferring to State-owned
                        railroad.                                     
                  (e)  Continued coverage for certain employees and
                        annuitants in Federal health benefits plans
                        and life insurance plans.                     
    1207.       State operation.                                      
                  (a)  Laws, authorities, etc., applicable to
                        State-owned railroad with status as rail
                        carrier engaged in interstate and foreign
                        commerce.                                     
                  (b)  Procedures for issuance of certificate of
                        public convenience and necessity; inventory,
                        valuation, or classification of property;
                        additional laws, authorities, etc.,
                        applicable.                                   
                  (c)  Eligibility for participation in Federal
                        railroad assistance programs.                 
                  (d)  Laws and regulations applicable to national
                        forest and park lands; limitations on Federal
                        actions.                                      
                  (e)  Preservation and protection of rail properties.
    1208.       Future rights-of-way.                                 
                  (a)  Access across Federal lands; application
                        approval.                                     
                  (b)  Consultative requirements prior to approval of
                        application; conformance of rights-of-way,
                        etc.                                          
    1209.       Repealed.                                             
    1210.       Other disposition.                                    
    1211.       Denali National Park and Preserve lands.              
    1212.       Applicability of other laws.                          
                  (a)  Actions subject to other laws.                 
                  (b)  Federal surplus property disposal; withdrawal
                        or reservation of land for use of Alaska
                        Railroad.                                     
                  (c)  Ceiling on Government contributions for Federal
                        employees health benefits insurance premiums. 
                  (d)  Acreage entitlement of State or Native
                        Corporation.                                  
                  (e)  Judgments involving interests, etc., of Native
                        Corporations.                                 
    1213.       Conflict with other laws.                             
    1214.       Separability.                                         

-End-



-CITE-
    45 USC Sec. 1201                                            01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 21 - ALASKA RAILROAD TRANSFER

-HEAD-
    Sec. 1201. Findings

-STATUTE-
      The Congress finds that - 
        (1) the Alaska Railroad, which was built by the Federal
      Government to serve the transportation and development needs of
      the Territory of Alaska, presently is providing freight and
      passenger services that primarily benefit residents and
      businesses in the State of Alaska;
        (2) many communities and individuals in Alaska are wholly or
      substantially dependent on the Alaska Railroad for freight and
      passenger service and provision of such service is an essential
      governmental function;
        (3) continuation of services of the Alaska Railroad and the
      opportunity for future expansion of those services are necessary
      to achieve Federal, State, and private objectives; however,
      continued Federal control and financial support are no longer
      necessary to accomplish these objectives;
        (4) the transfer of the Alaska Railroad and provision for its
      operation by the State in the manner contemplated by this chapter
      is made pursuant to the Federal goal and ongoing program of
      transferring appropriate activities to the States;
        (5) the State's continued operation of the Alaska Railroad
      following the transfer contemplated by this chapter, together
      with such expansion of the railroad as may be necessary or
      convenient in the future, will constitute an appropriate public
      use of the rail system and associated properties, will provide an
      essential governmental service, and will promote the general
      welfare of Alaska's residents and visitors; and
        (6) in order to give the State government the ability to
      determine the Alaska Railroad's role in serving the State's
      transportation needs in the future, including the opportunity to
      extend rail service, and to provide a savings to the Federal
      Government, the Federal Government should offer to transfer the
      railroad to the State, in accordance with the provisions of this
      chapter, in the same manner in which other Federal transportation
      functions (including highways and airports) have been transferred
      since Alaska became a State in 1959.

-SOURCE-
    (Pub. L. 97-468, title VI, Sec. 602, Jan. 14, 1983, 96 Stat. 2556.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in pars. (4) to (6), was in the
    original "this title", meaning title VI (Sec. 601 et seq.) of Pub.
    L. 97-468, Jan. 14, 1983, 96 Stat. 2556, known as the Alaska
    Railroad Transfer Act of 1982, which is classified principally to
    this chapter (Sec. 1201 et seq.). For complete classification of
    title VI to the Code, see Short Title note below and Tables.


-MISC1-
                                SHORT TITLE                            
      Section 601 of title VI of Pub. L. 97-468 provided that: "This
    title [enacting this chapter, amending sections 231, 712, and 802
    of this title, sections 305, 3401, 5102, 5342, and 7327 of Title 5,
    Government Organization and Employees, section 410hh-1 of Title 16,
    Conservation, section 251 of Title 42, The Public Health and
    Welfare, section 10749 of Title 49, Transportation, and section
    1655 of the Appendix to Title 49, repealing section 353a of Title
    16, section 208a of Title 30, Mineral Lands and Mining, sections
    975, 975a, and 975c to 975g of Title 43, Public Lands, and section
    301a of Title 48, Territories and Insular Possessions, and amending
    provisions set out as a note under section 1611 of Title 43] may be
    cited as the 'Alaska Railroad Transfer Act of 1982'."

-End-



-CITE-
    45 USC Sec. 1202                                            01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 21 - ALASKA RAILROAD TRANSFER

-HEAD-
    Sec. 1202. Definitions

-STATUTE-
      As used in this chapter, the term - 
        (1) "Alaska Railroad" means the agency of the United States
      Government that is operated by the Department of Transportation
      as a rail carrier in Alaska under authority of the Act of March
      12, 1914 (43 U.S.C. 975 et seq.) (popularly referred to as the
      "Alaska Railroad Act") and section 6(i) (!1) of the Department of
      Transportation Act, or, as the context requires, the railroad
      operated by that agency;

        (2) "Alaska Railroad Revolving Fund" means the public
      enterprise fund maintained by the Department of the Treasury into
      which revenues of the Alaska Railroad and appropriations for the
      Alaska Railroad are deposited, and from which funds are expended
      for Alaska Railroad operation, maintenance and construction work
      authorized by law;
        (3) "claim of valid existing rights" means any claim to the
      rail properties of the Alaska Railroad on record in the
      Department of the Interior as of January 13, 1983;
        (4) "date of transfer" means the date on which the Secretary
      delivers to the State the four documents referred to in section
      1203(b)(1) of this title;
        (5) "employees" means all permanent personnel employed by the
      Alaska Railroad on the date of transfer, including the officers
      of the Alaska Railroad, unless otherwise indicated in this
      chapter;
        (6) "exclusive-use easement" means an easement which affords to
      the easement holder the following:
          (A) the exclusive right to use, possess, and enjoy the
        surface estate of the land subject to this easement for
        transportation, communication, and transmission purposes and
        for support functions associated with such purposes;
          (B) the right to use so much of the subsurface estate of the
        lands subject to this easement as is necessary for the
        transportation, communication, and transmission purposes and
        associated support functions for which the surface of such
        lands is used;
          (C) subjacent and lateral support of the lands subject to the
        easement; and
          (D) the right (in the easement holder's discretion) to fence
        all or part of the lands subject to this easement and to affix
        track, fixtures, and structures to such lands and to exclude
        other persons from all or part of such lands;

        (7) "Native Corporation" has the same meaning as such term has
      under section 102(6) of the Alaska National Interest Lands
      Conservation Act (16 U.S.C. 3102(6));
        (8) "officers of the Alaska Railroad" means the employees
      occupying the following positions at the Alaska Railroad as of
      the day before the date of transfer: General Manager; Assistant
      General Manager; Assistant to the General Manager; Chief of
      Administration; and Chief Counsel;
        (9) "public lands" has the same meaning as such term has under
      section 3(e) of the Alaska Native Claims Settlement Act (43
      U.S.C. 1602(e));
        (10) "rail properties of the Alaska Railroad" means all right,
      title, and interest of the United States to lands, buildings,
      facilities, machinery, equipment, supplies, records, rolling
      stock, trade names, accounts receivable, goodwill, and other real
      and personal property, both tangible and intangible, in which
      there is an interest reserved, withdrawn, appropriated, owned,
      administered or otherwise held or validly claimed for the Alaska
      Railroad by the United States or any agency or instrumentality
      thereof as of January 14, 1983, but excluding any such properties
      disposed of, and including any such properties acquired, in the
      ordinary course of business after that date but before the date
      of transfer, and also including the exclusive-use easement within
      the Denali National Park and Preserve conveyed to the State
      pursuant to this chapter and also excluding the following:
          (A) the unexercised reservation to the United States for
        future rights-of-way required in all patents for land taken up,
        entered, or located in Alaska, as provided by the Act of March
        12, 1914 (43 U.S.C. 975 et seq.);
          (B) the right of the United States to exercise the power of
        eminent domain;
          (C) any moneys in the Alaska Railroad Revolving Fund which
        the Secretary demonstrates, in consultation with the State, are
        unobligated funds appropriated from general tax revenues or are
        needed to satisfy obligations incurred by the United States in
        connection with the operation of the Alaska Railroad which
        would have been paid from such Fund but for this chapter and
        which are not assumed by the State pursuant to this chapter;
          (D) any personal property which the Secretary demonstrates,
        in consultation with the State, prior to the date of transfer
        under section 1203 of this title, to be necessary to carry out
        functions of the United States after the date of transfer; and
          (E) any lands or interest therein (except as specified in
        this chapter) within the boundaries of the Denali National Park
        and Preserve;

        (11) "right-of-way" means, except as used in section 1208 of
      this title - 
          (A) an area extending not less than one hundred feet on both
        sides of the center line of any main line or branch line of the
        Alaska Railroad; or
          (B) an area extending on both sides of the center line of any
        main line or branch line of the Alaska Railroad appropriated or
        retained by or for the Alaska Railroad that, as a result of
        military jurisdiction over, or non-Federal ownership of, lands
        abutting the main line or branch line, is of a width less than
        that described in subparagraph (A) of this paragraph;

        (12) "Secretary" means the Secretary of Transportation;
        (13) "State" means the State of Alaska or the State-owned
      railroad, as the context requires;
        (14) "State-owned railroad" means the authority, agency,
      corporation or other entity which the State of Alaska designates
      or contracts with to own, operate or manage the rail properties
      of the Alaska Railroad or, as the context requires, the railroad
      owned, operated, or managed by such authority, agency,
      corporation, or other entity; and
        (15) "Village Corporation" has the same meaning as such term
      has under section 3(j) of the Alaska Native Claims Settlement Act
      (43 U.S.C. 1602(j)).

-SOURCE-
    (Pub. L. 97-468, title VI, Sec. 603, Jan. 14, 1983, 96 Stat. 2556.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of March 12, 1914 (43 U.S.C. 975 et seq.) (popularly referred
    to as the "Alaska Railroad Act"), referred to in pars. (1) and
    (10)(A), is act Mar. 12, 1914, ch. 37, 38 Stat. 305, as amended,
    which enacted section 353a of Title 16, Conservation, and sections
    975 to 975g of Title 43, Public Lands, and which was repealed by
    section 615(a)(1) of Pub. L. 97-468 effective on the date of
    transfer of Alaska Railroad to the State [Jan. 5, 1985], pursuant
    to section 1203 of this title.
      Section 6(i) of the Department of Transportation Act, referred to
    in par. (1), is section 6(i) of Pub. L. 89-670, which was
    classified to section 1655(i) of former Title 49, Transportation,
    prior to repeal by Pub. L. 97-468, title VI, Sec. 615(a)(4), Jan.
    14, 1983, 96 Stat. 2578.

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    45 USC Sec. 1203                                            01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 21 - ALASKA RAILROAD TRANSFER

-HEAD-
    Sec. 1203. Transfer authorization

-STATUTE-
    (a) Authority of Secretary; time, manner, etc., of transfer
      Subject to the provisions of this chapter, the United States,
    through the Secretary, shall transfer all rail properties of the
    Alaska Railroad to the State. Such transfer shall occur as soon as
    practicable after the Secretary has made the certifications
    required by subsection (d) of this section and shall be
    accomplished in the manner specified in subsection (b) of this
    section.
    (b) Simultaneous and interim transfers, conveyances, etc.
      (1) On the date of transfer, the Secretary shall simultaneously:
        (A) deliver to the State a bill of sale conveying title to all
      rail properties of the Alaska Railroad except any interest in
      real property;
        (B) deliver to the State an interim conveyance of the rail
      properties of the Alaska Railroad that are not conveyed pursuant
      to subparagraph (A) of this paragraph and are not subject to
      unresolved claims of valid existing rights;
        (C) deliver to the State an exclusive license granting the
      State the right to use all rail properties of the Alaska Railroad
      not conveyed pursuant to subparagraphs (A) or (B) of this
      paragraph pending conveyances in accordance with the review and
      settlement or final administrative adjudication of claims of
      valid existing rights;
        (D) convey to the State a deed granting the State (i) an
      exclusive-use easement for that portion of the right-of-way of
      the Alaska Railroad within the Denali National Park and Preserve
      extending not less than one hundred feet on either side of the
      main or branch line tracks, and eight feet on either side of the
      centerline of the "Y" track connecting the main line of the
      railroad to the power station at McKinley Park Station and (ii)
      title to railroad-related improvements within such right-of-way.

    Prior to taking the action specified in subparagraphs (A) through
    (D) of this paragraph, the Secretary shall consult with the
    Secretary of the Interior. The exclusive-use easement granted
    pursuant to subparagraph (D) of this paragraph and all rights
    afforded by such easement shall be exercised only for railroad
    purposes, and for such other transportation, transmission, or
    communication purposes for which lands subject to such easement
    were utilized as of January 14, 1983.
      (2) The Secretary shall deliver to the State an interim
    conveyance of rail properties of the Alaska Railroad described in
    paragraph (1)(C) of this subsection that become available for
    conveyance to the State after the date of transfer as a result of
    settlement, relinquishment, or final administrative adjudication
    pursuant to section 1205 of this title. Where the rail properties
    to be conveyed pursuant to this paragraph are surveyed at the time
    they become available for conveyance to the State, the Secretary
    shall deliver a patent therefor in lieu of an interim conveyance.
      (3) The force and effect of an interim conveyance made pursuant
    to paragraphs (1)(B) or (2) of this subsection shall be to convey
    to and vest in the State exactly the same right, title, and
    interest in and to the rail properties identified therein as the
    State would have received had it been issued a patent by the United
    States. The Secretary of the Interior shall survey the land
    conveyed by an interim conveyance to the State pursuant to
    paragraphs (1)(B) or (2) of this subsection and, upon completion of
    the survey, the Secretary shall issue a patent therefor.
      (4) The license granted pursuant to paragraph (1)(C) of this
    subsection shall authorize the State to use, occupy, and directly
    receive all benefits of the rail properties described in the
    license for the operation of the State-owned railroad in conformity
    with the Memorandum of Understanding referred to in section
    1205(b)(3) of this title. The license shall be exclusive, subject
    only to valid leases, permits, and other instruments issued before
    the date of transfer and easements reserved pursuant to subsection
    (c)(2) of this section. With respect to any parcel conveyed
    pursuant to this chapter, the license shall terminate upon
    conveyance of such parcel.
    (c) Reservations to United States in interim conveyances and
      patents
      (1) Interim conveyances and patents issued to the State pursuant
    to subsection (b) of this section shall confirm, convey and vest in
    the State all reservations to the United States (whether or not
    expressed in a particular patent or document of title), except the
    unexercised reservations to the United States for future rights-of-
    way made or required by the first section of the Act of March 12,
    1914 (43 U.S.C. 975d). The conveyance to the State of such
    reservations shall not be affected by the repeal of such Act under
    section 615 of this title.(!1)

      (2) In the license granted under subsection (b)(1)(C) of this
    section and in all conveyances made to the State under this
    chapter, there shall be reserved to the Secretary of the Interior,
    the Secretary of Defense and the Secretary of Agriculture, as
    appropriate, existing easements for administration (including
    agency transportation and utility purposes) that are identified in
    the report required by section 1204(a) of this title. The
    appropriate Secretary may obtain, only after consent of the State,
    such future easements as are necessary for administration. Existing
    and future easements and use of such easements shall not interfere
    with operations and support functions of the State-owned railroad.
      (3) There shall be reserved to the Secretary of the Interior the
    right to use and occupy, without compensation, five thousand square
    feet of land at Talkeetna, Alaska, as described in ARR lease
    numbered 69-25-0003-5165 for National Park Service administrative
    activities, so long as the use or occupation does not interfere
    with the operation of the State-owned railroad. This reservation
    shall be effective on the date of transfer under this section or
    the expiration date of such lease, whichever is later.
    (d) Certifications by Secretary; scope, subject matter, etc.
      (1) Prior to the date of transfer, the Secretary shall certify
    that the State has agreed to operate the railroad as a rail carrier
    in intrastate and interstate commerce.
      (2)(A) Prior to the date of transfer, the Secretary shall also
    certify that the State has agreed to assume all rights,
    liabilities, and obligations of the Alaska Railroad on the date of
    transfer, including leases, permits, licenses, contracts,
    agreements, claims, tariffs, accounts receivable, and accounts
    payable, except as otherwise provided by this chapter.
      (B) Notwithstanding the provisions of subparagraph (A) of this
    paragraph, the United States shall be solely responsible for - 
        (i) all claims and causes of action against the Alaska Railroad
      that accrue on or before the date of transfer, regardless of the
      date on which legal proceedings asserting such claims were or may
      be filed, except that the United States shall, in the case of any
      tort claim, only be responsible for any such claim against the
      United States that accrues before the date of transfer and
      results in an award, compromise, or settlement of more than
      $2,500, and the United States shall not compromise or settle any
      claim resulting in State liability without the consent of the
      State, which consent shall not be unreasonably withheld; and
        (ii) all claims that resulted in a judgment or award against
      the Alaska Railroad before the date of transfer.

      (C) For purposes of subparagraph (B) of this paragraph, the term
    "accrue" shall have the meaning contained in section 2401 of title
    28.
      (D) Any hazardous substance, petroleum or other contaminant
    release at or from the State-owned rail properties that began prior
    to January 5, 1985, shall be and remain the liability of the United
    States for damages and for the costs of investigation and cleanup.
    Such liability shall be enforceable under 42 U.S.C. 9601 et
    seq.(!1) for any release described in the preceding sentence.
      (3)(A) Prior to the date of transfer, the Secretary shall also
    certify that the State-owned railroad has established arrangements
    pursuant to section 1206 of this title to protect the employment
    interests of employees of the Alaska Railroad during the two-year
    period commencing on the date of transfer. These arrangements shall
    include provisions - 
        (i) which ensure that the State-owned railroad will adopt
      collective bargaining agreements in accordance with the
      provisions of subparagraph (B) of this paragraph;
        (ii) for the retention of all employees, other than officers of
      the Alaska Railroad, who elect to transfer to the State-owned
      railroad in their same positions for the two-year period
      commencing on the date of transfer, except in cases of
      reassignment, separation for cause, resignation, retirement, or
      lack of work;
        (iii) for the payment of compensation to transferred employees
      (other than employees provided for in subparagraph (E) of this
      paragraph), except in cases of separation for cause, resignation,
      retirement, or lack of work, for two years commencing on the date
      of transfer at or above the base salary levels in effect for such
      employees on the date of transfer, unless the parties otherwise
      agree during that two-year period;
        (iv) for priority of reemployment at the State-owned railroad
      during the two-year period commencing on the date of transfer for
      transferred employees who are separated for lack of work, in
      accordance with subparagraph (C) of this paragraph (except for
      officers of the Alaska Railroad, who shall receive such priority
      for one year following the date of transfer);
        (v) for credit during the two-year period commencing on the
      date of transfer for accrued annual and sick leave, seniority
      rights, and relocation and turnaround travel allowances which
      have been accrued during their period of Federal employment by
      transfered (!2) employees retained by the State-owned railroad
      (except for officers of the Alaska Railroad, who shall receive
      such credit for one year following the date of transfer);

        (vi) for payment to transferred employees retained by the State-
      owned railroad during the two-year period commencing on the date
      of transfer, including for one year officers retained or
      separated under subparagraph (E) of this paragraph, of an amount
      equivalent to the cost-of-living allowance to which they are
      entitled as Federal employees on the day before the date of
      transfer, in accordance with the provisions of subparagraph (D)
      of this paragraph; and
        (vii) for health and life insurance programs for transferred
      employees retained by the State-owned railroad during the two-
      year period commencing on the date of transfer, substantially
      equivalent to the Federal health and life insurance programs
      available to employees on the day before the date of transfer
      (except for officers of the Alaska Railroad, who shall receive
      such credit for one year following the date of transfer).

      (B) The State-owned railroad shall adopt all collective
    bargaining agreements which are in effect on the date of transfer.
    Such agreements shall continue in effect for the two-year period
    commencing on the date of transfer, unless the parties agree to the
    contrary before the expiration of that two-year period. Such
    agreements shall be renegotiated during the two-year period, unless
    the parties agree to the contrary. Any labor-management negotiation
    impasse declared before the date of transfer shall be settled in
    accordance with chapter 71 of title 5. Any impasse declared after
    the date of transfer shall be subject to applicable State law.
      (C) Federal service shall be included in the computation of
    seniority for transferred employees with priority for reemployment,
    as provided in subparagraph (A)(iv) of this paragraph.
      (D) Payment to transferred employees pursuant to subparagraph
    (A)(vi) of this paragraph shall not exceed the percentage of any
    transferred employee's base salary level provided by the United
    States as a cost-of-living allowance on the day before the date of
    transfer, unless the parties agree to the contrary.
      (E) Prior to the date of transfer, the Secretary shall also
    certify that the State-owned railroad has agreed to the retention,
    for at least one year from the date of transfer, of the offices of
    the Alaska Railroad, except in cases of separation for cause,
    resignation, retirement, or lack of work, at or above their base
    salaries in effect on the date of transfer, in such positions as
    the State-owned railroad may determine; or to the payment of lump-
    sum severance pay in an amount equal to such base salary for one
    year to officers not retained by the State-owned railroad upon
    transfer or, for officers separated within one year on or after the
    date of transfer, of a portion of such lump-sum severance payment
    (diminished pro rata for employment by the State-owned railroad
    within one year of the date of transfer prior to separation).
      (4) Prior to the date of transfer, the Secretary shall also
    certify that the State has agreed to allow representatives of the
    Secretary adequate access to employees and records of the Alaska
    Railroad when needed for the performance of functions related to
    the period of Federal ownership.
      (5) Prior to the date of transfer, the Secretary shall also
    certify that the State has agreed to compensate the United States
    at the value, if any, determined pursuant to section 1204(d) of
    this title.

-SOURCE-
    (Pub. L. 97-468, title VI, Sec. 604, Jan. 14, 1983, 96 Stat. 2559;
    Pub. L. 108-7, div. I, title III, Sec. 345(5), Feb. 20, 2003, 117
    Stat. 418; Pub. L. 108-447, div. H, title I, Sec. 152(3), Dec. 8,
    2004, 118 Stat. 3222.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of March 12, 1914, and such Act, referred to in subsec.
    (c)(1), is act Mar. 12, 1914, ch. 37, 38 Stat. 305, as amended,
    popularly known as the Alaska Railroad Act, which enacted section
    353a of Title 16, Conservation, and sections 975 to 975g of Title
    43, Public Lands, and which was repealed by section 615(a)(1) of
    Pub. L. 97-468 effective on the date of transfer of Alaska Railroad
    to the State [Jan. 5, 1985], pursuant to this section.
      Section 615 of this title, referred to in subsec. (c)(1), means
    section 615 of title VI of Pub. L. 97-468, Jan. 14, 1983, 96 Stat.
    2577. Title VI of Pub. L. 97-468 is known as the Alaska Railroad
    Transfer Act of 1982 and is classified principally to this chapter.
    Under section 615, the repeal is effective on the date of transfer
    to the State of Alaska (pursuant to section 1203 of this title) or
    other disposition (pursuant to section 1210 of this title),
    whichever first occurs.
      42 U.S.C. 9601 et seq., referred to in subsec. (d)(2)(D),
    probably means the Comprehensive Environmental Response,
    Compensation, and Liability Act of 1980, Pub. L. 96-510, Dec. 11,
    1980, 94 Stat. 2767, as amended, which is classified principally to
    chapter 103 (Sec. 9601 et seq.) of Title 42, The Public Health and
    Welfare. For complete classification of this Act to the Code, see
    Short Title note set out under section 9601 of Title 42 and Tables.


-MISC1-
                                AMENDMENTS                            
      2004 - Subsec. (d)(2)(D). Pub. L. 108-447 added subpar. (D).
      2003 - Subsec. (b)(1). Pub. L. 108-7 struck out at end: "In the
    event of reversion to the United States, pursuant to section 1209
    of this title, of the State's interests in all or part of the lands
    subject to such easement, such easement shall terminate with
    respect to the lands subject to such reversion, and no new
    exclusive-use easement with respect to such reverted lands shall be
    granted except by Act of Congress."


-TRANS-
              TRANSFER OF ALASKA RAILROAD TO STATE OF ALASKA          
      The State of Alaska accepted the certification requirements of
    the Alaska Railroad Transfer Act [this chapter] by 1984 SLA ch. 54,
    eff. May 19, 1984. Thereafter, by 1984 SLA ch. 153, eff. July 6,
    1984, the Alaska Railroad Corporation was established to manage and
    operate the Alaska Railroad. The transfer of the Alaska Railroad to
    the State of Alaska was carried out on January 5, 1985.

-FOOTNOTE-               

    (!1) See References in Text note below.

    (!2) So in original.


-End-



-CITE-
    45 USC Sec. 1204                                            01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 21 - ALASKA RAILROAD TRANSFER

-HEAD-
    Sec. 1204. Transition period

-STATUTE-
    (a) Joint report by Secretary and Governor of Alaska; contents,
      preparation, etc.
      Within 6 months after January 14, 1983, the Secretary and the
    Governor of Alaska shall jointly prepare and deliver to the
    Congress of the United States and the legislature of the State a
    report that describes to the extent possible the rail properties of
    the Alaska Railroad, the liabilities and obligations to be assumed
    by the State, the sum of money, if any, in the Alaska Railroad
    Revolving Fund to be withheld from the State pursuant to section
    1202(10)(C) (!1) of this title, and any personal property to be
    withheld pursuant to section 1202(10)(D) (!1) of this title. The
    report shall separately identify by the best available descriptions
    (1) the rail properties of the Alaska Railroad to be transferred
    pursuant to section 1203(b)(1)(A), (B), and (D) of this title; (2)
    the rail properties to be subject to the license granted pursuant
    to section 1203(b)(1)(C) of this title; and (3) the easements to be
    reserved pursuant to section 1203(c)(2) of this title. The
    Secretaries of Agriculture, Defense, and the Interior and the
    Administrator of the General Services Administration shall provide
    the Secretary with all information and assistance necessary to
    allow the Secretary to complete the report within the time
    required.

    (b) Inspection, etc., of rail properties and records; terms and
      conditions; restrictions
      During the period from January 14, 1983, until the date of
    transfer, the State shall have the right to inspect, analyze,
    photograph, photocopy and otherwise evaluate all of the rail
    properties of the Alaska Railroad and all records related to the
    rail properties of the Alaska Railroad maintained by any agency of
    the United States under conditions established by the Secretary to
    protect the confidentiality of proprietary business data, personnel
    records, and other information, the public disclosure of which is
    prohibited by law. During that period, the Secretary and the Alaska
    Railroad shall not, without the consent of the State and only in
    conformity with applicable law and the Memorandum of Understanding
    referred to in section 1205(b)(3) of this title - 
        (1) make or incur any obligation to make any individual capital
      expenditure of money from the Alaska Railroad Revolving Fund in
      excess of $300,000;
        (2) (except as required by law) sell, exchange, give, or
      otherwise transfer any real property included in the rail
      properties of the Alaska Railroad; or
        (3) lease any rail property of the Alaska Railroad for a term
      in excess of five years.
    (c) Format for accounting practices and systems
      Prior to transfer of the rail properties of the Alaska Railroad
    to the State, the Alaska Railroad's accounting practices and
    systems shall be capable of reporting data to the Interstate
    Commerce Commission in formats required of comparable rail carriers
    subject to the jurisdiction of the Interstate Commerce Commission.
    (d) Fair market value; determination, terms and conditions, etc.
      (1) Within nine months after January 14, 1983, the United States
    Railway Association (hereinafter in this section referred to as the
    "Association") shall determine the fair market value of the Alaska
    Railroad under the terms and conditions of this chapter, applying
    such procedures, methods and standards as are generally accepted as
    normal and common practice. Such determination shall include an
    appraisal of the real and personal property to be transferred to
    the State pursuant to this chapter. Such appraisal by the
    Association shall be conducted in the usual manner in accordance
    with generally accepted industry standards, and shall consider the
    current fair market value and potential future value if used in
    whole or in part for other purposes. The Association shall take
    into account all obligations imposed by this chapter and other
    applicable law upon operation and ownership of the State-owned
    railroad. In making such determination, the Association shall use
    to the maximum extent practicable all relevant data and
    information, including, if relevant, that contained in the report
    prepared pursuant to subsection (a) of this section.
      (2) The determination made pursuant to paragraph (1) of this
    subsection shall not be construed to affect, enlarge, modify, or
    diminish any inventory, valuation, or classification required by
    the Interstate Commerce Commission pursuant to subchapter V (!2) of
    chapter 107 of title 49.


-SOURCE-
    (Pub. L. 97-468, title VI, Sec. 605(a)-(d), Jan. 14, 1983, 96 Stat.
    2562, 2563.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Subchapter V of chapter 107 of title 49, referred to in subsec.
    (d)(2), was omitted in the general amendment of subtitle IV of
    Title 49, Transportation, by Pub. L. 104-88, title I, Sec. 102(a),
    Dec. 29, 1995, 109 Stat. 804.

-COD-
                               CODIFICATION                           
      In subsec. (a), references to section 1202(10)(C) and (D) of this
    title were in the original references to section 603(8)(C) and (D)
    of title VI of Pub. L. 97-468, and were editorially translated as
    section 1202(10)(C) and (D), as the probable intent of Congress, in
    view of section 1202(8) containing no subpars. (C) and (D) and the
    subject matter of section 1202(10)(C), which relates to money in
    the Alaska Railroad Revolving Fund being withheld from the State,
    and section 1202(10)(D), which relates to personal property being
    withheld.
      Section is comprised of subsecs. (a) to (d) of section 605 of
    Pub. L. 97-468. Subsec. (e) of section 605 of Pub. L. 97-468
    amended section 712 of this title.


-TRANS-
        ABOLITION OF INTERSTATE COMMERCE COMMISSION AND TRANSFER OF
                                 FUNCTIONS
      Interstate Commerce Commission abolished and functions of
    Commission transferred, except as otherwise provided in Pub. L. 104-
    88, 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.

-FOOTNOTE-
    (!1) See Codification note below.

    (!2) See References in Text note below.


-End-



-CITE-
    45 USC Sec. 1205                                            01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 21 - ALASKA RAILROAD TRANSFER

-HEAD-
    Sec. 1205. Lands to be transferred

-STATUTE-
    (a) Availability of lands among rail properties
      Lands among the rail properties of the Alaska Railroad shall not
    be - 
        (1) available for selection under section 12 of the Act of
      January 2, 1976, as amended (43 U.S.C. 1611, note), subject to
      the exception contained in section 12(b)(8)(i)(D) of such Act, as
      amended by subsection (d)(5) of this section;
        (2) available for conveyance under section 1425 of the Alaska
      National Interest Lands Conservation Act (Public Law 96-487; 94
      Stat. 2515);
        (3) available for conveyance to Chugach Natives, Inc., under
      sections 1429 or 1430 of the Alaska National Interest Lands
      Conservation Act (Public Law 96-487; 94 Stat. 2531) or under
      sections 12(c) or 14(h)(8) of the Alaska Native Claims Settlement
      Act (43 U.S.C. 1611(c) and 1613(h)(8), respectively); or
        (4) available under any law or regulation for entry, location,
      or for exchange by the United States, or for the initiation of a
      claim or selection by any party other than the State or other
      transferee under this chapter, except that this paragraph shall
      not prevent a conveyance pursuant to section 12(b)(8)(i)(D) of
      the Act of January 2, 1976 (43 U.S.C. 1611, note), as amended by
      subsection (d)(5) of this section.
    (b) Review and settlement of claims; administrative adjudication;
      management of lands; procedures applicable
      (1)(A) During the ten months following January 14, 1983, so far
    as practicable consistent with the priority of preparing the report
    required pursuant to section 1204(a) of this title, the Secretary
    of the Interior, Village Corporations with claims of valid existing
    rights, and the State shall review and make a good faith effort to
    settle as many of the claims as possible. Any agreement to settle
    such claims shall take effect and bind the United States, the
    State, and the Village Corporation only as of the date of transfer
    of the railroad.
      (B) At the conclusion of the review and settlement process
    provided in subparagraph (A) of this paragraph, the Secretary of
    the Interior shall prepare a report identifying lands to be
    conveyed in accordance with settlement agreements under this
    chapter or applicable law. Such settlement shall not give rise to a
    presumption as to whether a parcel of land subject to such
    agreement is or is not public land.
      (2) The Secretary of the Interior shall have the continuing
    jurisdiction and duty to adjudicate unresolved claims of valid
    existing rights pursuant to applicable law and this chapter. The
    Secretary of the Interior shall complete the final administrative
    adjudication required under this subsection not later than three
    years after January 14, 1983, and shall complete the survey of all
    lands to be conveyed under this chapter not later than five years
    after January 14, 1983, and after consulting with the Governor of
    the State of Alaska to determine priority of survey with regard to
    other lands being processed for patent to the State. The Secretary
    of the Interior shall give priority to the adjudication of Village
    Corporation claims as required in this section. Upon completion of
    the review and settlement process required by paragraph (1)(A) of
    this subsection, with respect to lands not subject to an agreement
    under such paragraph, the Secretary of the Interior shall
    adjudicate which lands subject to claims of valid existing rights
    filed by Village Corporations, if any, are public lands and shall
    complete such final administrative adjudication within two years
    after January 14, 1983.
      (3) Pending settlement or final administrative adjudication of
    claims of valid existing rights filed by Village Corporations prior
    to the date of transfer or while subject to the license granted to
    the State pursuant to section 1203(b)(1)(C) of this title, lands
    subject to such claims shall be managed in accordance with the
    Memorandum of Understanding among the Federal Railroad
    Administration, the State, Eklutna, Incorporated, Cook Inlet
    Region, Incorporated (as that term is used in section 12 of the Act
    of January 2, 1976 (Public Law 94-204; 89 Stat. 1150)), and
    Toghotthele Corporation, executed by authorized officers or
    representatives of each of these entities. Duplicate originals of
    the Memorandum of Understanding shall be maintained and made
    available for public inspection and copying in the Office of the
    Secretary, at Washington, District of Columbia, and in the Office
    of the Governor of the State of Alaska, at Juneau, Alaska.
      (4) The following procedures and requirements are established to
    promote finality of administrative adjudication of claims of valid
    existing rights filed by Village Corporations, to clarify and
    simplify the title status of lands subject to such claims, and to
    avoid potential impairment of railroad operations resulting from
    joint or divided ownership in substantial segments of right-of-way:
        (A)(i) Prior to final administrative adjudication of Village
      Corporation claims of valid existing rights in land subject to
      the license granted under section 1203(b)(1)(C) of this title,
      the Secretary of the Interior may, notwithstanding any other
      provision of law, accept relinquishment of so much of such claims
      as involved lands within the right-of-way through execution of an
      agreement with the appropriate Village Corporation effective on
      or after the date of transfer. Upon such relinquishment, the
      interest of the United States in the right-of-way shall be
      conveyed to the State pursuant to section 1203(b)(1)(B) or (2) of
      this title.
        (ii) With respect to a claim described in clause (i) of this
      subparagraph that is not settled or relinquished prior to final
      administrative adjudication, the Congress finds that exclusive
      control over the right-of-way by the Alaska Railroad has been and
      continues to be necessary to afford sufficient protection for
      safe and economic operation of the railroad. Upon failure of the
      interested Village Corporation to relinquish so much of its
      claims as involve lands within the right-of-way prior to final
      adjudication of valid existing rights, the Secretary shall convey
      to the State pursuant to section 1203(b)(1)(B) or (2) of this
      title all right, title and interest of the United States in and
      to the right-of-way free and clear of such Village Corporation's
      claim to and interest in lands within such right-of-way.
        (B) Where lands within the right-of-way, or any interest in
      such lands, have been conveyed from Federal ownership prior to
      January 14, 1983, or is subject to a claim of valid existing
      rights by a party other than a Village Corporation, the
      conveyance to the State of the Federal interest in such
      properties pursuant to section 1203(b)(1)(B) or (2) of this title
      shall grant not less than an exclusive-use easement in such
      properties. The foregoing requirements shall not be construed to
      permit the conveyance to the State of less than the entire
      Federal interest in the rail properties of the Alaska Railroad
      required to be conveyed by section 1203(b) of this title. If an
      action is commenced against the State or the United States
      contesting the validity or existence of a reservation of right-of-
      way for the use or benefit of the Alaska Railroad made prior to
      January 14, 1983, the Secretary of the Interior, through the
      Attorney General, shall appear in and defend such action.
    (c) Judicial review; remedies available; standing of State
      (1) The final administrative adjudication pursuant to subsection
    (b) of this section shall be final agency action and subject to
    judicial review only by an action brought in the United States
    District Court for the District of Alaska.
      (2) No administrative or judicial action under this chapter shall
    enjoin or otherwise delay the transfer of the Alaska Railroad
    pursuant to this chapter, or substantially impair or impede the
    operations of the Alaska Railroad or the State-owned railroad.
      (3) Before the date of transfer, the State shall have standing to
    participate in any administrative determination or judicial review
    pursuant to this chapter. If transfer to the State does not occur
    pursuant to section 1203 of this title, the State shall not
    thereafter have standing to participate in any such determination
    or review.
    (d) Omitted
    (e) Liability of State for damage to land while used under license
      The State shall be liable to a party receiving a conveyance of
    land among the rail properties of the Alaska Railroad subject to
    the license granted pursuant to section 1203(b)(1)(C) of this title
    for damage resulting from use by the State of the land under such
    license in a manner not authorized by such license.

-SOURCE-
    (Pub. L. 97-468, title VI, Sec. 606(a)-(c), (e), Jan. 14, 1983, 96
    Stat. 2564-2566, 2571; Pub. L. 98-620, title IV, Sec. 402(52), Nov.
    8, 1984, 98 Stat. 3361.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 12 of the Act of January 2, 1976, as amended, referred to
    in subsecs. (a)(1), (4) and (b)(3), is section 12 of Pub. L. 94-
    204, Jan. 2, 1976, 89 Stat. 1150, as amended, which is set out as
    a note under section 1611 of Title 43, Public Lands. Section
    12(b)(8)(i)(D) of such Act as amended by subsection (d)(5) of this
    section is the amendment of subsection (b)(8)(i)(D) of section 12
    of Pub. L. 94-204 by section 606(d)(5) of Pub. L. 97-468, title VI,
    Jan. 14, 1983, 96 Stat. 2566.
      The Alaska National Interest Lands Conservation Act, referred to
    in subsecs. (a)(2) and (c), is Pub. L. 96-497, Dec. 2, 1980, 94
    Stat. 2371, as amended. Sections 1425, 1429, and 1430 of the Act
    (94 Stat. 2515, 2531) were not classified to the Code. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 3101 of Title 16, Conservation, and Tables.

-COD-
                               CODIFICATION                           
      Section is comprised of subsecs. (a)-(c) and (e) of section 606
    of Pub. L. 97-468. Subsec. (d) of section 606 of Pub. L. 97-468
    amended section 12 of Pub. L. 94-204, which is set out as a note
    under section 1611 of Title 43, Public Lands.


-MISC1-
                                AMENDMENTS                            
      1984 - Subsec. (c)(1). Pub. L. 98-620 struck out provision that
    required review of agency action pursuant to this chapter to be
    expedited to same extent as expedited review provided by section
    1108 of the Alaska National Interest Lands Conservation Act (16
    U.S.C. 3168).

                     EFFECTIVE DATE OF 1984 AMENDMENT                 
      Amendment by Pub. L. 98-620 not applicable to cases pending on
    Nov. 8, 1984, see section 403 of Pub. L. 98-620, set out as a note
    under section 1657 of Title 28, Judiciary and Judicial Procedure.

-End-



-CITE-
    45 USC Sec. 1206                                            01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 21 - ALASKA RAILROAD TRANSFER

-HEAD-
    Sec. 1206. Employees of Alaska Railroad

-STATUTE-
    (a) Coverage under Federal civil service retirement laws; election,
      funding, nature of benefits, etc., for employees transferring to
      State-owned railroad; voluntary separation incentives
      (1) Any employees who elect to transfer to the State-owned
    railroad and who on the day before the date of transfer are subject
    to the civil service retirement law (subchapter III of chapter 83
    of title 5) shall, so long as continually employed by the State-
    owned railroad without a break in service, continue to be subject
    to such law, except that the State-owned railroad shall have the
    option of providing benefits in accordance with the provisions of
    paragraph (2) of this subsection. Employment by the State-owned
    railroad without a break in continuity of service shall be
    considered to be employment by the United States Government for
    purposes of subchapter III of chapter 83 of title 5. The State-
    owned railroad shall be the employing agency for purposes of
    section 8334(a) of title 5 and shall contribute to the Civil
    Service Retirement and Disability Fund a sum as provided by such
    section, except that such sum shall be determined by applying to
    the total basic pay (as defined in section 8331(3) of title 5) paid
    to the employees of the State-owned railroad who are covered by the
    civil service retirement law, the per centum rate determined
    annually by the Director of the Office of Personnel Management to
    be the excess of the total normal cost per centum rate of the civil
    service retirement system over the employee deduction rate
    specified in section 8334(a) of title 5. The State-owned railroad
    shall pay into the Federal Civil Service Retirement and Disability
    Fund that portion of the cost of administration of such Fund which
    is demonstrated by the Director of the Office of Personnel
    Management to be attributable to its employees.
      (2) At any time during the two-year period commencing on the date
    of transfer, the State-owned railroad shall have the option of
    providing to transferred employees retirement benefits, reflecting
    prior Federal service, in or substantially equivalent to benefits
    under the retirement program maintained by the State for State
    employees. If the State decides to provide benefits under this
    paragraph, the State shall provide such benefits to all transferred
    employees, except those employees who will meet the age and service
    requirements for retirement under section 8336(a), (b), (c) or (f)
    of title 5 within five years after the date of transfer and who
    elect to remain participants in the Federal retirement program.
      (3) If the State provides benefits under paragraph (2) of this
    subsection - 
        (A) the provisions of paragraph (1) of this subsection
      regarding payments into the Civil Service Retirement and
      Disability Fund for those employees who are transferred to the
      State program shall have no further force and effect (other than
      for employees who will meet the age and service requirements for
      retirement under section 8336(a), (b), (c) or (f) of title 5
      within five years after the date of transfer and who elect to
      remain participants in the Federal retirement program); and
        (B) all of the accrued employee and employer contributions and
      accrued interest on such contributions made by and on behalf of
      the transferred employees during their prior Federal service
      (other than amounts for employees who will meet the age and
      service requirements for retirement under section 8336(a), (b),
      (c) or (f) of title 5 within five years after the date of
      transfer and who elect to remain participants in the Federal
      retirement program) shall be withdrawn from the Federal Civil
      Service Retirement and Disability Fund and shall be paid into the
      retirement fund utilized by the State-owned railroad for the
      transferred employees, in accordance with the provisions of
      paragraph (2) of this subsection. Upon such payment, credit for
      prior Federal service under the Federal civil service retirement
      system shall be forever barred, notwithstanding the provisions of
      section 8334 of title 5.

      (4)(A) The State-owned railroad shall be included in the
    definition of "agency" for purposes of section 3(a), (b), (c), and
    (e) of the Federal Workforce Restructuring Act of 1994 and may
    elect to participate in the voluntary separation incentive program
    established under such Act. Any employee of the State-owned
    railroad who meets the qualifications as described under the first
    sentence of paragraph (1) shall be deemed an employee under such
    Act.
      (B) An employee who has received a voluntary separation incentive
    payment under this paragraph and accepts employment with the State-
    owned railroad within 5 years after the date of separation on
    which payment of the incentive is based shall be required to repay
    the entire amount of the incentive payment unless the head of the
    State-owned railroad determines that the individual involved
    possesses unique abilities and is the only qualified applicant
    available for the position.
    (b) Coverage for employees not transferring to State-owned railroad
      Employees of the Alaska Railroad who do not transfer to the State-
    owned railroad shall be entitled to all of the rights and benefits
    available to them under Federal law for discontinued employees.
    (c) Rights and benefits of transferred employees whose employment
      with State-owned railroad is terminated
      Transferred employees whose employment with the State-owned
    railroad is terminated during the two-year period commencing on the
    date of transfer shall be entitled to all of the rights and
    benefits of discontinued employees that such employees would have
    had under Federal law if their termination had occurred immediately
    before the date of the transfer, except that financial compensation
    paid to officers of the Alaska Railroad shall be limited to that
    compensation provided pursuant to section 1203(d)(3)(E) of this
    title. Such employees shall also be entitled to seniority and other
    benefits accrued under Federal law while they were employed by the
    State-owned railroad on the same basis as if such employment had
    been Federal service.
    (d) Lump-sum payment for unused annual leave for employees
      transferring to State-owned railroad
      Any employee who transfers to the State-owned railroad under this
    chapter shall not be entitled to lump-sum payment for unused annual
    leave under section 5551 of title 5, but shall be credited by the
    State with the unused annual leave balance at the time of transfer.
    (e) Continued coverage for certain employees and annuitants in
      Federal health benefits plans and life insurance plans
      (1) Any person described under the provisions of paragraph (2)
    may elect life insurance coverage under chapter 87 of title 5 and
    enroll in a health benefits plan under chapter 89 of title 5 in
    accordance with the provisions of this subsection.
      (2) The provisions of paragraph (1) shall apply to any person who
    - 
        (A) on March 30, 1994, is an employee of the State-owned
      railroad;
        (B) has 20 years or more of service (in the civil service as a
      Federal employee or as an employee of the State-owned railroad,
      combined) on the date of retirement from the State-owned
      railroad; and
        (C)(i) was covered under a life insurance policy pursuant to
      chapter 87 of title 5 on January 4, 1985, for the purpose of
      electing life insurance coverage under the provisions of
      paragraph (1); or
        (ii) was enrolled in a health benefits plan pursuant to chapter
      89 of title 5 on January 4, 1985, for the purpose of enrolling in
      a health benefits plan under the provisions of paragraph (1).

      (3) For purposes of this section, any person described under the
    provisions of paragraph (2) shall be deemed to have been covered
    under a life insurance policy under chapter 87 of title 5 and to
    have been enrolled in a health benefits plan under chapter 89 of
    title 5 during the period beginning on January 5, 1985, through the
    date of retirement of any such person.
      (4) The provisions of paragraph (1) shall not apply to any person
    described under paragraph (2) until the date such person retires
    from the State-owned railroad.

-SOURCE-
    (Pub. L. 97-468, title VI, Sec. 607, Jan. 14, 1983, 96 Stat. 2571;
    Pub. L. 100-238, title I, Sec. 136(a), Jan. 8, 1988, 101 Stat.
    1766; Pub. L. 103-226, Sec. 10, Mar. 30, 1994, 108 Stat. 122.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Federal Workforce Restructuring Act of 1994, referred to in
    subsec. (a)(4)(A), is Pub. L. 103-226, Mar. 30, 1994, 108 Stat.
    111. Section 3 of the Act is set out as a note under section 5597
    of Title 5, Government Organization and Employees. For complete
    classification of this Act to the Code, see Short Title of 1994
    Amendment note set out under section 2101 of Title 5 and Tables.


-MISC1-
                                AMENDMENTS                            
      1994 - Subsec. (a)(4). Pub. L. 103-226, Sec. 10(a), added par.
    (4).
      Subsec. (e). Pub. L. 103-226, Sec. 10(b), added subsec. (e) and
    struck out former subsec. (e) which related to continued coverage
    for certain employees and annuitants in Federal health benefits and
    life insurance plans.
      1988 - Subsec. (e). Pub. L. 100-238 added subsec. (e).

                         ADMINISTRATIVE PROVISION                     
      Section 136(b) of Pub. L. 100-238 provided that: "Within 180 days
    after the date of enactment of this section [Jan. 8, 1988], the
    Director of the Office of Personnel Management shall notify any
    person described under the provisions of section 607(e)(2)(A) of
    such Act [45 U.S.C. 1206(e)(2)(A)], for the purpose of the election
    of a life insurance policy or the enrollment in a health benefits
    plan pursuant to the provisions of section 607(e)(1) of the Alaska
    Railroad Transfer Act of 1982 [45 U.S.C. 1206(e)(1)] (as amended by
    subsection (a) of this section)."

-End-



-CITE-
    45 USC Sec. 1207                                            01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 21 - ALASKA RAILROAD TRANSFER

-HEAD-
    Sec. 1207. State operation

-STATUTE-
    (a) Laws, authorities, etc., applicable to State-owned railroad
      with status as rail carrier engaged in interstate and foreign
      commerce
      (1) After the date of transfer to the State pursuant to section
    1203 of this title, the State-owned railroad shall be a rail
    carrier engaged in interstate and foreign commerce subject to part
    A of subtitle IV of title 49 and all other Acts applicable to rail
    carriers subject to that chapter,(!1) including the antitrust laws
    of the United States, except, so long as it is an instrumentality
    of the State of Alaska, the Railroad Retirement Act of 1974 (45
    U.S.C. 231 et seq.), the Railroad Retirement Tax Act (26 U.S.C.
    3201 et seq.), the Railway Labor Act (45 U.S.C. 151 et seq.), the
    Act of April 22, 1908 (45 U.S.C. 51 et seq.) (popularly referred to
    as the "Federal Employers' Liability Act"), and the Railroad
    Unemployment Insurance Act (45 U.S.C. 351 et seq.). Nothing in this
    chapter shall preclude the State from explicitly invoking by law
    any exemption from the antitrust laws as may otherwise be
    available.

      (2) The transfer to the State authorized by section 1203 of this
    title and the conferral of jurisdiction to the Interstate Commerce
    Commission pursuant to paragraph (1) of this subsection are
    intended to confer upon the State-owned railroad all business
    opportunities available to comparable railroads, including contract
    rate agreements meeting the requirements of section 10713 (!2) of
    title 49, notwithstanding any participation in such agreements by
    connecting water carriers.

      (3) All memoranda which sanction noncompliance with Federal
    railroad safety regulations contained in 49 CFR Parts 209-236, and
    which are in effect on the date of transfer, shall continue in
    effect according to their terms as "waivers of compliance" (as that
    term is used in section 20103(d) of title 49).
      (4) The operation of trains by the State-owned railroad shall not
    be subject to the requirement of any State or local law which
    specifies the minimum number of crew members which must be employed
    in connection with the operation of such trains.
      (5) Revenues generated by the State-owned railroad, including any
    amount appropriated or otherwise made available to the State-owned
    railroad, shall be retained and managed by the State-owned railroad
    for railroad and related purposes.
      (6)(A) After the date of transfer, continued operation of the
    Alaska Railroad by a public corporation, authority or other agency
    of the State shall be deemed to be an exercise of an essential
    governmental function, and revenue derived from such operation
    shall be deemed to accrue to the State for the purposes of section
    115(a)(1) of title 26. Obligations issued by such entity shall also
    be deemed obligations of the State for the purposes of section
    103(a)(1) (!2) of title 26, but not obligations within the meaning
    of section 103(b)(2) (!2) of title 26.
      (B) Nothing in this chapter shall be deemed or construed to
    affect customary tax treatment of private investment in the
    equipment or other assets that are used or owned by the State-owned
    railroad.
    (b) Procedures for issuance of certificate of public convenience
      and necessity; inventory, valuation, or classification of
      property; additional laws, authorities, etc., applicable
      As soon as practicable after January 14, 1983, the Interstate
    Commerce Commission shall promulgate an expedited, modified
    procedure for providing on the date of transfer a certificate of
    public convenience and necessity to the State-owned railroad. No
    inventory, valuation, or classification of property owned or used
    by the State-owned railroad pursuant to subchapter V (!2) of
    chapter 107 of title 49 shall be required during the two-year
    period after the date of transfer. The provisions of the National
    Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and
    section 382(b) of the Energy Policy and Conservation Act (42 U.S.C.
    6362(b)) shall not apply to actions of the Commission under this
    subsection.
    (c) Eligibility for participation in Federal railroad assistance
      programs
      The State-owned railroad shall be eligible to participate in all
    Federal railroad assistance programs on a basis equal to that of
    other rail carriers subject to part A of subtitle IV of title 49.
    (d) Laws and regulations applicable to national forest and park
      lands; limitations on Federal actions
      After the date of transfer to the State pursuant to section 1203
    of this title, the portion of the rail properties within the
    boundaries of the Chugach National Forest and the exclusive-use
    easement within the boundaries of the Denali National Park and
    Preserve shall be subject to laws and regulations for the
    protection of forest and park values. The right to fence the
    exclusive-use easement within Denali National Park and Preserve
    shall be subject to the concurrence of the Secretary of the
    Interior. The Secretary of the Interior, or the Secretary of
    Agriculture where appropriate, shall not act pursuant to this
    subsection without consulting with the Governor of the State of
    Alaska or in such a manner as to unreasonably interfere with
    continued or expanded operations and support functions authorized
    under this chapter.
    (e) Preservation and protection of rail properties
      The State-owned railroad may take any necessary or appropriate
    action, consistent with Federal railroad safety laws, to preserve
    and protect its rail properties in the interests of safety.

-SOURCE-
    (Pub. L. 97-468, title VI, Sec. 608, Jan. 14, 1983, 96 Stat. 2573;
    Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 104-
    88, title III, Sec. 326, Dec. 29, 1995, 109 Stat. 951; Pub. L. 108-
    447, div. H, title I, Sec. 152(1), (2), Dec. 8, 2004, 118 Stat.
    3222.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The antitrust laws of the United States, referred to in subsec.
    (a)(1), are classified generally to chapter 1 (Sec. 1 et seq.) of
    Title 15, Commerce and Trade.
      The Railroad Retirement Act of 1974, referred to in subsec.
    (a)(1), is act Aug. 29, 1935, ch. 812, as amended generally by Pub.
    L. 93-445, title I, Sec. 101, Oct. 16, 1974, 88 Stat. 1305, which
    is classified generally to subchapter IV (Sec. 231 et seq.) of
    chapter 9 of this title. For further details and complete
    classification of this Act to the Code, see Codification note set
    out preceding section 231 of this title, section 231t of this
    title, and Tables.
      The Railroad Retirement Tax Act, referred to in subsec. (a)(1),
    is act Aug. 16, 1954, ch. 736, Secs. 3201, 3202, 3211, 3212, 3221,
    and 3231 to 3233, 68A Stat. 431, as amended, which is classified
    generally to chapter 22 (Sec. 3201 et seq.) of Title 26, Internal
    Revenue Code. For complete classification of this Act to the Code,
    see section 3233 of Title 26 and Tables.
      The Railway Labor Act, referred to in subsec. (a)(1), is act May
    20, 1926, ch. 347, 44 Stat. 577, as amended, which is classified
    principally to chapter 8 (Sec. 151 et seq.) of this title. For
    complete classification of this Act to the Code, see section 151 of
    this title and Tables.
      Act of April 22, 1908 (45 U.S.C. 51 et seq.) (popularly referred
    to as the "Federal Employers' Liability Act"), referred to in
    subsec. (a)(1), is act Apr. 22, 1908, ch. 149, 35 Stat. 65, as
    amended, and is classified generally to chapter 2 (Sec. 51 et seq.)
    of this title. For complete classification of this Act to the Code,
    see Short Title note set out under section 51 of this title and
    Tables.
      The Railroad Unemployment Insurance Act, referred to in subsec.
    (a)(1), is act June 25, 1938, ch. 680, 52 Stat. 1094, as amended,
    which is classified principally to chapter 11 (Sec. 351 et seq.) of
    this title. For complete classification of this Act to the Code,
    see section 367 of this title and Tables.
      Section 10713 of title 49, referred to in subsec. (a)(2), was
    omitted in the general amendment of subtitle IV of Title 49,
    Transportation, by Pub. L. 104-88, title I, Sec. 102(a), Dec. 29,
    1995, 109 Stat. 804. Provisions similar to those in section 10713
    are contained in section 10709 of Title 49.
      Section 103, referred to in subsec. (a)(6)(A), which related to
    interest on certain governmental obligations was amended generally
    by Pub. L. 99-514, title XIII, Sec. 1301(a), Oct. 22, 1986, 100
    Stat. 2602, and as so amended relates to interest on State and
    local bonds. Section 103(b)(2), which prior to the general
    amendment defined industrial development bond, relates to the
    applicability of the interest exclusion to arbitrage bonds.
      Subchapter V of chapter 107 of title 49, referred to in subsec.
    (b), was omitted in the general amendment of subtitle IV of Title
    49, Transportation, by Pub. L. 104-88, title I, Sec. 102(a), Dec.
    29, 1995, 109 Stat. 804.
      The National Environmental Policy Act of 1969, referred to in
    subsec. (b), is Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852, as
    amended, which is classified generally to chapter 55 (Sec. 4321 et
    seq.) of Title 42, The Public Health and Welfare. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 4321 of Title 42 and Tables.

-COD-
                               CODIFICATION                           
      In subsec. (a)(3), "section 20103(d) of title 49" substituted for
    "section 202(c) of the Federal Railroad Safety Act of 1970 (45
    U.S.C. 431(c))" on authority of Pub. L. 103-272, Sec. 6(b), July 5,
    1994, 108 Stat. 1378, the first section of which enacted subtitles
    II, III, and V to X of Title 49, Transportation.


-MISC1-
                                AMENDMENTS                            
      2004 - Subsec. (a)(5). Pub. L. 108-447, Sec. 152(1), inserted ",
    including any amount appropriated or otherwise made available to
    the State-owned railroad," before "shall be retained".
      Subsec. (e). Pub. L. 108-447, Sec. 152(2), added subsec. (e).
      1995 - Subsecs. (a)(1), (c). Pub. L. 104-88 substituted "part A"
    for "the jurisdiction of the Interstate Commerce Commission under
    chapter 105".
      1986 - Subsec. (a)(6)(A). Pub. L. 99-514 substituted "Internal
    Revenue Code of 1986" for "Internal Revenue Code of 1954", which
    for purposes of codification was translated as "title 26" thus
    requiring no change in text.

                     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.


-TRANS-
        ABOLITION OF INTERSTATE COMMERCE COMMISSION AND TRANSFER OF
                                 FUNCTIONS
      Interstate Commerce Commission abolished and functions of
    Commission transferred, except as otherwise provided in Pub. L. 104-
    88, 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.


-MISC2-
                              ALASKA RAILROAD                          
      Pub. L. 109-59, title IX, Sec. 9006, Aug. 10, 2005, 119 Stat.
    1925, provided that:
      "(a) Grants. - The Secretary [of Transportation] shall make
    grants to the Alaska Railroad for capital rehabilitation and
    improvements benefiting its passenger operations.
      "(b) Authorization of Appropriations. - There are authorized to
    be appropriated to carry out this section such sums as may be
    necessary."
      Similar provisions were contained in Pub. L. 105-178, title VII,
    Sec. 7204, June 9, 1998, 112 Stat. 477.

-FOOTNOTE-
    (!1) So in original. Probably should be "that part,".

    (!2) See References in Text note below.


-End-



-CITE-
    45 USC Sec. 1208                                            01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 21 - ALASKA RAILROAD TRANSFER

-HEAD-
    Sec. 1208. Future rights-of-way

-STATUTE-
    (a) Access across Federal lands; application approval
      After January 14, 1983, the State or State-owned railroad may
    request the Secretary of the Interior or the Secretary of
    Agriculture, as appropriate under law, to expeditiously approve an
    application for a right-of-way in order that the Alaska Railroad or
    State-owned railroad may have access across Federal lands for
    transportation and related purposes. The State or State-owned
    railroad may also apply for a lease, permit, or conveyance of any
    necessary or convenient terminal and station grounds and material
    sites in the vicinity of the right-of-way for which an application
    has been submitted.
    (b) Consultative requirements prior to approval of application;
      conformance of rights-of-way, etc.
      Before approving a right-of-way application described in
    subsection (a) of this section, the Secretary of the Interior or
    the Secretary of Agriculture, as appropriate, shall consult with
    the Secretary. Approval of an application for a right-of-way,
    permit, lease, or conveyance described in subsection (a) of this
    section shall be pursuant to applicable law. Rights-of-way,
    grounds, and sites granted pursuant to this section and other
    applicable law shall conform, to the extent possible, to the
    standards provided in the Act of March 12, 1914 (43 U.S.C. 975 et
    seq.) and section 1202(6) of this title. Such conformance shall not
    be affected by the repeal of such Act under section 615 of this
    title.(!1)


-SOURCE-
    (Pub. L. 97-468, title VI, Sec. 609, Jan. 14, 1983, 96 Stat. 2574;
    Pub. L. 108-7, div. I, title III, Sec. 345(5), Feb. 20, 2003, 117
    Stat. 418.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of March 12, 1914 (43 U.S.C. 975 et seq.), referred to in
    subsec. (b), is act Mar. 12, 1914, ch. 37, 38 Stat. 305, as
    amended, popularly known as the Alaska Railroad Act, which enacted
    section 353a of Title 16, Conservation, and sections 975 to 975g of
    Title 43, Public Lands, and which was repealed by section 615(a)(1)
    of Pub. L. 97-468 effective on the date of transfer of Alaska
    Railroad to the State [Jan. 5, 1985], pursuant to section 1203 of
    this title.
      Section 615 of this title, referred to in subsec. (b), means
    section 615 of title VI of Pub. L. 97-468, Jan. 14, 1983, 96 Stat.
    2577. Title VI of Pub. L. 97-468 is known as the Alaska Railroad
    Transfer Act of 1982 and is classified principally to this chapter.
    Under section 615, the repeal is effective on the date of transfer
    to the State of Alaska (pursuant to section 1203 of this title) or
    other disposition (pursuant to section 1210 of this title),
    whichever first occurs.


-MISC1-
                                AMENDMENTS                            
      2003 - Subsec. (c). Pub. L. 108-7 struck out subsec. (c) which
    read as follows: "Reversion to the United States of any portion of
    any right-of-way or exclusive-use easement granted to the State or
    State-owned railroad shall occur only as provided in section 1209
    of this title. For purposes of such section, the date of the
    approval of any such right-of-way shall be deemed the 'date of
    transfer'."

-FOOTNOTE-               

    (!1) See References in Text note below.


-End-



-CITE-
    45 USC Sec. 1209                                            01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 21 - ALASKA RAILROAD TRANSFER

-HEAD-
    Sec. 1209. Repealed. Pub. L. 108-7, div. I, title III, Sec. 345(5),
      Feb. 20, 2003, 117 Stat. 418

-MISC1-
      Section, Pub. L. 97-468, title VI, Sec. 610, Jan. 14, 1983, 96
    Stat. 2575, related to reversion from the State of railroad
    property to the United States.

-End-



-CITE-
    45 USC Sec. 1210                                            01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 21 - ALASKA RAILROAD TRANSFER

-HEAD-
    Sec. 1210. Other disposition

-STATUTE-
      If the Secretary has not certified that the State has satisfied
    the conditions under section 1203 of this title within one year
    after the date of delivery of the report referred to in section
    1204(a) of this title, the Secretary may dispose of the rail
    properties of the Alaska Railroad. Any disposal under this section
    shall give preference to a buyer or transferee who will continue to
    operate rail service, except that - 
        (1) such preference shall not diminish or modify the rights of
      the Cook Inlet Region, Incorporated (as that term is used in
      section 12 of the Act of January 2, 1976 (Public Law 94-204; 89
      Stat. 1150)), pursuant to such section, as amended by section
      606(d) of this title; (!1) and

        (2) this section shall not be construed to diminish or modify
      the powers of consent of the Secretary or the State under section
      12(b)(8) of such Act, as amended by section 606(d)(5) of this
      title.(!1)

    Any disposal under this section shall be subject to valid existing
    rights.

-SOURCE-
    (Pub. L. 97-468, title VI, Sec. 611, Jan. 14, 1983, 96 Stat. 2576.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 12 of the Act of January 2, 1976, referred to in pars.
    (1) and (2), is section 12 of Pub. L. 94-204, Jan. 2, 1976, 89
    Stat. 1150, as amended, which is set out as a note under section
    1611 of Title 43, Public Lands.
      Section 606(d) of this title, referred to in pars. (1) and (2),
    means section 606(d) of title VI of Pub. L. 97-468, Jan. 14, 1983,
    96 Stat. 2566.

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    45 USC Sec. 1211                                            01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 21 - ALASKA RAILROAD TRANSFER

-HEAD-
    Sec. 1211. Denali National Park and Preserve lands

-STATUTE-
      On the date of transfer to the State (pursuant to section 1203 of
    this title) or other disposition (pursuant to section 1210 of this
    title), that portion of rail properties of the Alaska Railroad
    within the Denali National Park and Preserve shall, subject to the
    exclusive-use easement granted pursuant to section 1203(b)(1)(D) of
    this title, be transferred to the Secretary of the Interior for
    administration as part of the Denali National Park and Preserve,
    except that a transferee under section 1210 of this title shall
    receive the same interest as the State under section 1203(b)(1)(D)
    of this title.

-SOURCE-
    (Pub. L. 97-468, title VI, Sec. 612, Jan. 14, 1983, 96 Stat. 2576.)

-End-



-CITE-
    45 USC Sec. 1212                                            01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 21 - ALASKA RAILROAD TRANSFER

-HEAD-
    Sec. 1212. Applicability of other laws

-STATUTE-
    (a) Actions subject to other laws
      The provisions of chapter 5 of title 5 (popularly known as the
    Administrative Procedure Act, and including provisions popularly
    known as the Government in the Sunshine Act), the Federal Advisory
    Committee Act (5 U.S.C. App. 1 et seq.), the National Historic
    Preservation Act (16 U.S.C. 470 et seq.), section 303 of title 49,
    and the National Environmental Policy Act of 1969 (42 U.S.C. 4321
    et seq.) shall not apply to actions taken pursuant to this chapter,
    except to the extent that such laws may be applicable to granting
    of rights-of-way under section 1208 of this title.
    (b) Federal surplus property disposal; withdrawal or reservation of
      land for use of Alaska Railroad
      The enactment of this chapter, actions taken during the
    transition period as provided in section 1204 of this title, and
    transfer of the rail properties of the Alaska Railroad under
    authority of this chapter shall be deemed not to be the disposal of
    Federal surplus property under the Federal Property and
    Administrative Services Act of 1949 (!1) or the Act of October 3,
    1944, popularly referred to as the "Surplus Property Act of 1944"
    (50 U.S.C. App. 1622). Such events shall not constitute or cause
    the revocation of any prior withdrawal or reservation of land for
    the use of the Alaska Railroad under the Act of March 12, 1914 (43
    U.S.C. 975 et seq.), the Alaska Statehood Act (note preceding 48
    U.S.C. 21), the Alaska Native Claims Settlement Act (43 U.S.C. 1601
    et seq.), the Act of January 2, 1976 (Public Law 94-204; 89 Stat.
    1145), the Alaska National Interest Lands Conservation Act (Public
    Law 96-487; 94 Stat. 2371), and the general land and land
    management laws of the United States.

    (c) Ceiling on Government contributions for Federal employees
      health benefits insurance premiums
      Beginning on January 14, 1983, the ceiling on Government
    contributions for Federal employees health benefits insurance
    premiums under section 8906(b)(2) of title 5 shall not apply to the
    Alaska Railroad.
    (d) Acreage entitlement of State or Native Corporation
      Nothing in this chapter is intended to enlarge or diminish the
    acreage entitlement of the State or any Native Corporation pursuant
    to existing law.
    (e) Judgments involving interests, etc., of Native Corporations
      With respect to interests of Native Corporations under the Alaska
    Native Claims Settlement Act (43 U.S.C. 1601 et seq.) and the
    Alaska National Interest Lands Conservation Act (16 U.S.C. 3101 et
    seq.), except as provided in this chapter, nothing contained in
    this chapter shall be construed to deny, enlarge, grant, impair, or
    otherwise affect any judgment heretofore entered in a court of
    competent jurisdiction, or valid existing right or claim of valid
    existing right.

-SOURCE-
    (Pub. L. 97-468, title VI, Sec. 613, Jan. 14, 1983, 96 Stat. 2577.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Administrative Procedure Act, referred to in subsec. (a), is
    act June 11, 1946, ch. 324, 60 Stat. 237, as amended, which was
    classified to sections 1001 to 1011 of former title 5 and which was
    repealed and reenacted as subchapter II (Sec. 551 et seq.) of
    chapter 5, and chapter 7 (Sec. 701 et seq.), of Title 5, Government
    Organization and Employees, by Pub. L. 89-554, Sept. 6, 1966, 80
    Stat. 378.
      The Government in the Sunshine Act, referred to in subsec. (a),
    is Pub. L. 94-409, Sept. 13, 1976, 90 Stat. 1241, which enacted
    section 552b of Title 5, Government Organization and Employees,
    amended sections 551, 552, 556, and 557 of Title 5, section 10 of
    Pub. L. 92-463, set out in the Appendix to Title 5, and section 410
    of Title 39, Postal Service, and enacted provisions set out as
    notes under section 552b of Title 5. For complete classification of
    this Act to the Code, see Short Title of 1976 Amendment note set
    out under section 552b of Title 5 and Tables.
      The Federal Advisory Committee Act, referred to in subsec. (a),
    is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended, which is
    set out in the Appendix to Title 5.
      The National Historic Preservation Act, referred to in subsec.
    (a), is Pub. L. 89-665, Oct. 15, 1966, 80 Stat. 915, as amended,
    which is classified generally to subchapter II (Sec. 470 et seq.)
    of chapter 1A of Title 16, Conservation. For complete
    classification of this Act to the Code, see section 470(a) of Title
    16 and Tables.
      The National Environmental Policy Act of 1969, referred to in
    subsec. (a), is Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852, as
    amended, which is classified generally to chapter 55 (Sec. 4321 et
    seq.) of Title 42, The Public Health and Welfare. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 4321 of Title 42 and Tables.
      The Federal Property and Administrative Services Act of 1949,
    referred to in subsec. (b), was in the original "the Federal
    Property and Administrative Services Act of 1949 (40 U.S.C. 484)".
    The Federal Property and Administrative Services Act of 1949 is act
    June 30, 1949, ch. 288, 63 Stat. 377, as amended. Except for title
    III of the Act, which is classified generally to subchapter IV
    (Sec. 251 et seq.) of chapter 4 of Title 41, Public Contracts, the
    Act was repealed and reenacted by Pub. L. 107-217, Secs. 1, 6(b),
    Aug. 21, 2002, 116 Stat. 1062, 1304, as chapters 1 to 11 of Title
    40, Public Buildings, Property, and Works. Section 203 of the Act,
    which was classified to section 484 of former Title 40, Public
    Buildings, Property, and Works, was repealed and reenacted as
    sections 541 to 555 of Title 40.
      Act of October 3, 1944, popularly referred to as the "Surplus
    Property Act of 1944", referred to in subsec. (b), is act Oct. 3,
    1944, ch. 479, 58 Stat. 765, known as the Surplus Property Act of
    1944, which was classified principally to sections 1611 to 1646 of
    Title 50, Appendix, War and National Defense, and was repealed
    effective July 1, 1949, with the exception of sections 1622, 1631,
    1637, and 1641 of Title 50, Appendix, by act June 30, 1949, ch.
    288, title VI, Sec. 602(a)(1), 63 Stat. 399, renumbered Sept. 5,
    1950, ch. 849, Sec. 6(a), (b), 64 Stat. 583. Sections 1622 and 1641
    were partially repealed by the 1949 act, and section 1622 is still
    set out in part in Title 50, Appendix. Section 1622(g) was repealed
    and reenacted as sections 47151 to 47153 of Title 49,
    Transportation, by Pub. L. 103-272, Secs. 1(e), 7(b), July 5, 1994,
    108 Stat. 1278-1280, 1379. Section 1631 was repealed by act June 7,
    1939, ch. 190, Sec. 6(e), as added by act July 23, 1946, ch. 590,
    60 Stat. 599, and is covered by sections 98 et seq. of Title 50.
    Section 1637 was repealed by act June 25, 1948, ch. 645, Sec. 21,
    62 Stat. 862, eff. Sept. 1, 1948, and is covered by section 3287 of
    Title 18, Crimes and Criminal Procedure. Provisions of section 1641
    not repealed by the 1949 act were repealed by Pub. L. 87-256, Sec.
    111(a)(1), Sept. 21, 1961, 75 Stat. 538, and are covered by chapter
    33 (Sec. 2451 et seq.) of Title 22, Foreign Relations and
    Intercourse.
      Act of March 12, 1914, referred to in subsec. (b), is act Mar.
    12, 1914, ch. 37, 38 Stat. 305, as amended, popularly known as the
    Alaska Railroad Act, which enacted section 353a of Title 16,
    Conservation, and sections 975 to 975g of Title 43, Public Lands,
    and which was repealed by section 615(a)(1) of Pub. L. 97-468
    effective on the date of transfer of Alaska Railroad to the State
    [Jan. 5, 1985], pursuant to section 1203 of this title.
      The Alaska Statehood Act, referred to in subsec. (b), is Pub. L.
    85-508, July 7, 1958, 72 Stat. 339, as amended, which is set out as
    a note preceding section 21 of Title 48, Territories and Insular
    Possessions. For complete classification of this Act to the Code,
    see Tables.
      The Alaska Native Claims Settlement Act, referred to in subsecs.
    (b) and (e), is Pub. L. 92-203, Dec. 18, 1971, 85 Stat. 688, as
    amended, which is classified generally to chapter 33 (Sec. 1601 et
    seq.) of Title 43, Public Lands. For complete classification of
    this Act to the Code, see Short Title note set out under section
    1601 of Title 43 and Tables.
      Act of January 2, 1976 (Public Law 94-204; 89 Stat. 1145),
    referred to in subsec. (b), amended the Alaska Native Claims
    Settlement Act (43 U.S.C. 1601 et seq.). For complete
    classification of this Act to the Code, see Tables.
      The Alaska National Interest Lands Conservation Act, referred to
    in subsecs. (b) and (e), is Pub. L. 96-487, Dec. 2, 1980, 94 Stat.
    2371, as amended. For complete classification of this Act to the
    Code, see Short Title note set out under section 3101 of Title 16,
    Conservation, and Tables.
      The general land and land management laws of the United States,
    referred to in subsec. (b), are classified generally to Title 43,
    Public Lands.

-COD-
                               CODIFICATION                           
      In subsec. (a), "section 303 of title 49" substituted for
    "section 4(f) of the Department of Transportation Act (49 U.S.C.
    1653(f))" on authority of Pub. L. 97-449, Sec. 6(b), Jan. 12, 1983,
    96 Stat. 2443, the first section of which enacted subtitle I (Sec.
    101 et seq.) and chapter 31 (Sec. 3101 et seq.) of subtitle II of
    Title 49, Transportation.

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    45 USC Sec. 1213                                            01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 21 - ALASKA RAILROAD TRANSFER

-HEAD-
    Sec. 1213. Conflict with other laws

-STATUTE-
      The provisions of this chapter shall govern if there is any
    conflict between this chapter and any other law.

-SOURCE-
    (Pub. L. 97-468, title VI, Sec. 614, Jan. 14, 1983, 96 Stat. 2577.)

-End-



-CITE-
    45 USC Sec. 1214                                            01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 21 - ALASKA RAILROAD TRANSFER

-HEAD-
    Sec. 1214. Separability

-STATUTE-
      If any provision of this chapter or the application thereof to
    any person or circumstance is held invalid, the remainder of this
    chapter and the application of such provision to other persons or
    circumstances shall not be affected thereby.

-SOURCE-
    (Pub. L. 97-468, title VI, Sec. 616, Jan. 14, 1983, 96 Stat. 2578.)

-End-


-CITE-
    45 USC CHAPTER 22 - CONRAIL PRIVATIZATION                   01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 22 - CONRAIL PRIVATIZATION

-HEAD-
                    CHAPTER 22 - CONRAIL PRIVATIZATION                


-MISC1-
                     SUBCHAPTER I - GENERAL PROVISIONS                 
    Sec.                                                     
    1301.       Findings.                                             
    1302.       Purposes.                                             
    1303.       Definitions.                                          

                          SUBCHAPTER II - CONRAIL                      

                         PART A - SALE OF CONRAIL                     
    1311.       Preparation for public offering.                      
                  (a)  Public offering managers.                      
                  (b)  Payment to United States.                      
                  (c)  Registration statement.                        
    1312.       Public offering.                                      
                  (a)  Structure of public offering.                  
                  (b)  Subsequent sales.                              
                  (c)  Consent of Corporation not required.           
                  (d)  Authority to require stock splits.             
                  (e)  Cancellation of other securities held by United
                        States.                                       
                  (f)  Minority investment banking firms.             
                  (g)  Investment banking firm requirements.          
                  (h)  Government Accountability Office authority to
                        conduct audits.                               
    1313.       Fees.                                                 
                  (a)  Investment banking firm fees.                  
                  (b)  Costs of public offering.                      

                  PART B - OTHER MATTERS RELATING TO SALE              
    1321.       Rail service obligations.                             
                  (a)  Obligations of Corporation.                    
                  (b)  Compliance certificates.                       
    1322.       Ownership limitations.                                
                  (a)  General.                                       
                  (b)  Railroads.                                     
    1323.       Board of Directors.                                   
    1324.       Certain enforcement relief.                           
                  (a)  Enforcement actions.                           
                  (b)  Special court.                                 

                     PART C - MISCELLANEOUS PROVISIONS                 
    1341.       Abolition of United States Railway Association.       
                  (a)  Abolition and termination.                     
                  (b)  Transfer of securities and responsibilities.   
                  (c)  Financing agreement.                           
    1342.       Exemption from liability.                             
                  (a)  In general.                                    
                  (b)  Exception.                                     
    1343.       Charter amendment.                                    
    1344.       Status of Conrail after sale.                         
    1345.       Effect on contracts.                                  
    1346.       Resolution of certain issues.                         
                  (a)  Employee issues.                               
                  (b)  Corporation actions.                           
                  (c)  Right to sue withdrawn.                        
    1347.       Tax treatment of Conrail public sale.                 
                  (a)  Treatment as new corporation.                  
                  (b)  No income from cancellation of debt or
                        preferred stock.                              
                  (c)  Disallowance of certain deductions.            
                  (d)  Waiver of certain employee stock ownership plan
                        provisions.                                   
                  (e)  Definitions.                                   

-End-


-CITE-
    45 USC SUBCHAPTER I - GENERAL PROVISIONS                    01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 22 - CONRAIL PRIVATIZATION
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
                     SUBCHAPTER I - GENERAL PROVISIONS                 

-End-



-CITE-
    45 USC Sec. 1301                                            01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 22 - CONRAIL PRIVATIZATION
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 1301. Findings

-STATUTE-
      The Congress finds that - 
        (1) the bankruptcy of the Penn Central and other railroads in
      the Northeast and Midwest resulted in a transportation emergency
      which required the intervention of the Federal Government;
        (2) the United States Government created the Consolidated Rail
      Corporation, which provides essential rail service to the
      Northeast and Midwest;
        (3) the future of rail service in the Northeast and Midwest is
      essential and must be protected through rail service obligations,
      consistent with the transfer of the Corporation to the private
      sector;
        (4) the Northeast Rail Service Act of 1981 has achieved its
      purpose in allowing the Corporation to become financially self-
      sustaining;
        (5) the Federal Government has invested over $7,000,000,000 in
      providing rail service to the Northeast and Midwest;
        (6) the Government, as a result of its ownership and investment
      of taxpayer dollars in the Corporation, controls substantial
      assets, including cash of approximately $1,000,000,000;
        (7) the Corporation's viability and sound performance allow it
      to be sold to the American public for a substantial sum through a
      public offering;
        (8) a public offering of the Corporation's stock will preserve
      competitive rail service in the region, provide a reasonable
      return to the Government, and protect employment;
        (9) the Corporation's employees contributed significantly to
      the turnaround in the Corporation's financial performance and
      they should share in the Corporation's success through a
      settlement of their claims for reimbursement for wages below
      industry standard, and a share in the common equity of the
      Corporation;
        (10) the requirements of section 761(e) (!1) of this title are
      met by this chapter; and

        (11) the Secretary of Transportation has discharged the
      responsibilities of the Department of Transportation under the
      Northeast Rail Service Act of 1981 with respect to the sale of
      the Corporation as a single entity.

-SOURCE-
    (Pub. L. 99-509, title IV, Sec. 4002, Oct. 21, 1986, 100 Stat.
    1893.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Northeast Rail Service Act of 1981, referred to in pars. (4)
    and (11), is subtitle E of title XI of Pub. L. 97-35, Secs. 1131-
    1169, Aug. 13, 1981, 95 Stat. 643, as amended. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 1101 of this title and Tables.
      Section 761 of this title, referred to in par. (10), was repealed
    by Pub. L. 99-509, title IV, Sec. 4033(a)(1), Oct. 21, 1986, 100
    Stat. 1908.
      This chapter, referred to in par. (10), was in the original "this
    subtitle" meaning subtitle A (Secs. 4001-4052) of title IV of Pub.
    L. 99-509, Oct. 21, 1986, 100 Stat. 1892, known as the Conrail
    Privatization Act, which is classified principally to this chapter.
    For complete classification of subtitle A to the Code, see Short
    Title note set out below and Tables.


-MISC1-
                                SHORT TITLE                            
      Section 4001(a) of subtitle A (Secs. 4001-4052) of title IV of
    Pub. L. 99-509 provided that: "This subtitle [enacting this
    chapter, amending sections 702, 726, 727, 741, 797, 821, 825, 829,
    831, 1105, 1115, and 1116 of this title and sections 10362 and
    10713 of Title 49, Transportation, repealing sections 761 to 769c,
    797l, 825a, 1107, 1110, and 1114 of this title, and enacting
    provisions set out as a note under section 797 of this title] may
    be cited as the 'Conrail Privatization Act'."

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    45 USC Sec. 1302                                            01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 22 - CONRAIL PRIVATIZATION
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 1302. Purposes

-STATUTE-
      The purposes of this chapter are to transfer the interest of the
    United States in the common stock of the Corporation to the private
    sector in a manner that provides for the long-term viability of the
    Corporation, provides for the continuation by the Corporation of
    its rail service in the Northeast and Midwest, provides for the
    protection of the public interest in a sound rail transportation
    system, and, to the extent not inconsistent with such purposes,
    secures the maximum proceeds to the United States.

-SOURCE-
    (Pub. L. 99-509, title IV, Sec. 4003, Oct. 21, 1986, 100 Stat.
    1893.)

-End-



-CITE-
    45 USC Sec. 1303                                            01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 22 - CONRAIL PRIVATIZATION
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 1303. Definitions

-STATUTE-
      For the purposes of this chapter - 
        (1) the term "capital expenditures" means amounts expended by
      the Corporation and its subsidiaries for replacement or
      rehabilitation of, or enhancements to, the railroad plant,
      property, trackage, and equipment of the Corporation and its
      subsidiaries, as determined in accordance with generally accepted
      accounting principles, and in interpreting generally accepted
      accounting principles, no amount spent on normal repair,
      maintenance, and upkeep of such railroad plant, property,
      trackage, and equipment in the ordinary course of business shall
      constitute capital expenditures;
        (2) the term "Commission" means the Interstate Commerce
      Commission;
        (3) the term "consolidated funded debt" means the aggregate,
      after eliminating intercompany items, of all funded debt of the
      Corporation and its consolidated subsidiaries, consolidated in
      accordance with generally accepted accounting principles;
        (4) the term "consolidated tangible net worth" means the market
      value of the common equity of the Corporation as of the sale
      date, plus or minus the change from the sale date to the date of
      measurement in the excess, after making appropriate deductions
      for any minority interest in the net worth of subsidiaries, of - 
          (A) the assets of the Corporation and its subsidiaries
        (excluding intercompany items) which, in accordance with
        generally accepted accounting principles, are tangible assets,
        after deducting adequate reserves in each case where, in
        accordance with generally accepted accounting principles, a
        reserve is proper, over
          (B) all liabilities of the Corporation and its subsidiaries
        (excluding intercompany items),

      taking into account inventory and securities on the basis of the
      cost or current market value, whichever is lower, and not taking
      into account patents, trademarks, trade names, copyrights,
      licenses, goodwill, treasury stock, or any write-up in the book
      value of any assets;
        (5) the term "Corporation" means the Consolidated Rail
      Corporation;
        (6) the term "cumulative net income" means, for any period, the
      net income of the Corporation and its consolidated subsidiaries
      as determined in accordance with generally accepted accounting
      principles, before provision for expenses (net of income tax
      effect) related to - 
          (A) amounts paid by the Corporation under section 4024(e),
        and comparable payments made to present and former employees of
        the Corporation not covered by such section; and
          (B) the aggregate value of any shares and cash distributed by
        the Corporation under section 4024(f);

        (7) the term "debt" means (A) indebtedness, whether or not
      represented by bonds, debentures, notes, or other securities, for
      the repayment of money borrowed, (B) deferred indebtedness for
      the payment of the purchase price of property or assets
      purchased, (C) guarantees, endorsements, assumptions, and other
      contingent obligations in respect of, or to purchase or to
      otherwise acquire, indebtedness of others, and (D) indebtedness
      secured by any mortgage, pledge, or lien existing on property
      owned, subject to such mortgage, pledge, or lien, whether or not
      indebtedness secured thereby shall have been assumed;
        (8) the term "funded debt" means all debt created, assumed, or
      guaranteed, directly or indirectly, by the Corporation and its
      subsidiaries which matures by its terms, or is renewable at the
      option of the Corporation or any such subsidiary to a date, more
      than 1 year after the date of the original creation, assumption,
      or guarantee of such debt by the Corporation or such subsidiary;
        (9) the term "liabilities" means all items of indebtedness or
      liability which, in accordance with generally accepted accounting
      principles, would be included in determining total liabilities as
      shown on the liabilities side of a balance sheet as at the date
      as of which liabilities are to be determined;
        (10) the term "person" means an individual, corporation,
      partnership, association, trust, or other entity or organization,
      including a government or political subdivision thereof or a
      governmental body;
        (11) the term "preferred stock" means any class or series of
      preferred stock, and any class or series of common stock having
      liquidation and dividend rights and preferences superior to the
      common stock of the Corporation offered for sale under section
      1312 of this title;
        (12) the term "public offering" means an underwritten offering
      to the public of such common stock of the Corporation as the
      Secretary of Transportation determines to sell under section 1312
      of this title;
        (13) the term "sale date" means the date on which the initial
      public offering is closed;
        (14) the term "subsidiary" means any corporation more than 50
      percent of whose outstanding voting securities are directly or
      indirectly owned by the Corporation; and
        (15) the term "United States share" means a share of common
      stock of the Corporation held by the United States Government on
      October 21, 1986, or as a result of any split required pursuant
      to section 1312(d) of this title.

-SOURCE-
    (Pub. L. 99-509, title IV, Sec. 4004, Oct. 21, 1986, 100 Stat.
    1894.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 4024(e) and section 4024(f), referred to in par. (6), are
    section 4024(e) and (f) of Pub. L. 99-509, and are set out as a
    note under section 797 of this title.


-TRANS-
        ABOLITION OF INTERSTATE COMMERCE COMMISSION AND TRANSFER OF
                                 FUNCTIONS
      Interstate Commerce Commission abolished and functions of
    Commission transferred, except as otherwise provided in Pub. L. 104-
    88, 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.

-End-


-CITE-
    45 USC SUBCHAPTER II - CONRAIL                              01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 22 - CONRAIL PRIVATIZATION
    SUBCHAPTER II - CONRAIL

-HEAD-
                          SUBCHAPTER II - CONRAIL                      

-End-


-CITE-
    45 USC Part A - Sale of Conrail                             01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 22 - CONRAIL PRIVATIZATION
    SUBCHAPTER II - CONRAIL
    Part A - Sale of Conrail

-HEAD-
                         PART A - SALE OF CONRAIL                     

-End-



-CITE-
    45 USC Sec. 1311                                            01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 22 - CONRAIL PRIVATIZATION
    SUBCHAPTER II - CONRAIL
    Part A - Sale of Conrail

-HEAD-
    Sec. 1311. Preparation for public offering

-STATUTE-
    (a) Public offering managers
      (1) Not later than 30 days after October 21, 1986, the Secretary
    of Transportation, in consultation with the Secretary of the
    Treasury and the Chairman of the Board of Directors of the
    Corporation, shall retain the services of investment banking firms
    to serve jointly and be compensated equally as co-lead managers of
    the public offering (hereafter in this part referred to as the "co-
    lead managers") and to establish a syndicate to underwrite the
    public offering. The total number of co-lead managers shall be no
    fewer than 4 nor greater than 6. The Secretary shall designate one
    co-lead manager to coordinate and administer the public offering.
      (2) In selecting the investment banking firms to serve as co-lead
    managers of the public offering under paragraph (1), consideration
    shall be given to the firm's institutional and retail distribution
    capabilities, financial strength, knowledge of the railroad
    industry, experience in large scale public offerings, research
    capability, and reputation. In addition, recognition shall also be
    given to contributions made by particular investment banking firms
    before October 21, 1986, in demonstrating and promoting the long-
    term financial viability of the Corporation.
    (b) Payment to United States
      (1) Not later than 30 days after October 21, 1986, the
    Corporation shall transfer to the Secretary of the Treasury
    $200,000,000.
      (2) On or before February 1, 1987, or 30 days before the sale
    date, whichever occurs first, the Secretary of Transportation shall
    determine whether to require the Corporation to transfer to the
    Secretary of the Treasury, in addition to amounts transferred under
    paragraph (1), not to exceed $100,000,000, taking into account the
    viability of the Corporation. The Corporation shall transfer such
    funds as are required to be transferred under this paragraph.
    (c) Registration statement
      The Corporation shall prepare and cause to be filed with the
    Securities and Exchange Commission a registration statement with
    respect to the securities to be offered and sold in accordance with
    the securities laws and the rules and regulations thereunder in
    connection with the initial and any subsequent public offering.
    (d) Omitted

-SOURCE-
    (Pub. L. 99-509, title IV, Sec. 4011, Oct. 21, 1986, 100 Stat.
    1895.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This part, referred to in subsec. (a), was in the original "this
    subpart" meaning subpart A (Secs. 4011-4013) of part 2 of subtitle
    A of title IV of Pub. L. 99-509, Oct. 21, 1986, 100 Stat. 1895,
    which enacted this part and amended section 726 of this title. For
    complete classification of subpart A to the Code, see Tables.

-COD-
                               CODIFICATION                           
      Subsec. (d) of this section amended section 726 of this title.

-End-



-CITE-
    45 USC Sec. 1312                                            01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 22 - CONRAIL PRIVATIZATION
    SUBCHAPTER II - CONRAIL
    Part A - Sale of Conrail

-HEAD-
    Sec. 1312. Public offering

-STATUTE-
    (a) Structure of public offering
      (1) After the registration statement referred to in section
    1311(c) of this title is declared effective by the Securities and
    Exchange Commission, the Secretary of Transportation, in
    consultation with the Secretary of the Treasury, the Chairman of
    the Board of Directors of the Corporation, and the co-lead
    managers, shall offer the United States shares for sale in a public
    offering, except as provided in paragraphs (2) and (3).
      (2) The Secretary of Transportation, after such consultation, may
    elect to offer less than all of the United States shares for sale
    at the time of the initial sale.
      (3) Under no circumstances shall the Secretary of Transportation
    offer any of the United States shares for sale unless, before the
    sale date, the Secretary determines, after such consultation, that
    the estimated sum of the gross proceeds from the sale of all the
    United States shares will be an adequate amount. A determination by
    the Secretary under this paragraph shall not be reviewable.
      (4) In making a determination under paragraph (3), the Secretary
    shall have the goal of obtaining at least $2,000,000,000 in
    aggregate gross proceeds for the United States from the public
    offering and any payments made under section 1311(b) of this title.
    (b) Subsequent sales
      If the Secretary of Transportation elects to offer for sale less
    than all the United States shares, the Secretary shall sell the
    remaining United States shares in subsequent public offerings.
    (c) Consent of Corporation not required
      Any public offering under this section may be made without the
    consent of the Corporation.
    (d) Authority to require stock splits
      (1) The Secretary of Transportation, in consultation with the co-
    lead managers and the Chairman of the Board of Directors of the
    Corporation, may, in connection with the initial public offering
    described in subsection (a) of this section, before the filing of
    the registration statement referred to in section 1311(c) of this
    title, require the Corporation to declare a stock split or reverse
    stock split.
      (2) The Corporation shall take such action as may be necessary to
    comply with the Secretary's requirements under this subsection.
    (e) Cancellation of other securities held by United States
      (1) In consideration for amounts transferred to the United States
    under section 1311(b) of this title, the Secretary of
    Transportation shall, concurrent with the initial public offering
    described in subsection (a) of this section, deliver to the
    Corporation all preferred stock, 7.5 percent debentures, and
    contingent interest notes of the Corporation. The Corporation shall
    immediately cancel such debentures, preferred stock, and contingent
    interest notes, and any interest of the United States in such
    debentures, preferred stock, and contingent interest notes shall be
    thereby extinguished.
      (2) For purposes of regulation by the Commission and State public
    utility regulation, the actions authorized by this subsection, the
    public offering, and the value of the consideration received
    therefor shall not change the value of the Corporation's assets net
    of depreciation and shall not be used to alter the calculation of
    the Corporation's stock or asset values, rate base, expenses,
    costs, returns, profits, or revenues, or otherwise affect or be the
    basis for a change in the regulation of any railroad service, rate,
    or practice provided or established by the Corporation, or any
    change in the financial reporting practice of the Corporation.
    (f) Minority investment banking firms
      The Secretary of Transportation shall ensure that minority owned
    or controlled investment banking firms shall have an opportunity to
    participate to a significant degree in any public offering under
    this subchapter.
    (g) Investment banking firm requirements
      (1) The level of any investment banking firm's participation in
    the public offering shall be consistent with that firm's financial
    capabilities.
      (2) No investment banking firm which was not in existence on
    September 1, 1986, shall participate in the public offering.
    (h) Government Accountability Office authority to conduct audits
      The Government Accountability Office may make such audits as may
    be deemed appropriate by the Comptroller General of the United
    States of all accounts, books, records, memoranda, correspondence,
    and other documents and transactions of the Corporation and the co-
    lead managers associated with the public offering. The co-lead
    managers shall agree, in writing, to allow the Government
    Accountability Office to make such audits. The Government
    Accountability Office shall report the results of all such audits
    to the Congress.

-SOURCE-
    (Pub. L. 99-509, title IV, Sec. 4012, Oct. 21, 1986, 100 Stat.
    1896; Pub. L. 108-271, Sec. 8(b), July 7, 2004, 118 Stat. 814.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This subchapter, referred to in subsec. (f), was in the original
    "this part" meaning part 2 (Secs. 4011-4038) of subtitle A of title
    IV of Pub. L. 99-509, Oct. 21, 1986, 100 Stat. 1895, which enacted
    this subchapter, amended sections 702, 726, 727, 741, 797, 821,
    825, 829, 831, 1105, 1115, and 1116 of this title and section 10362
    of Title 49, Transportation, repealed sections 761 to 769c, 797l,
    825a, 1107, 1110, and 1114 of this title, and enacted provisions
    set out as a note under section 797 of this title. For complete
    classification of part 2 to the Code, see Tables.


-MISC1-
                                AMENDMENTS                            
      2004 - Subsec. (h). Pub. L. 108-271 substituted "Government
    Accountability Office" for "General Accounting Office" in heading
    and wherever appearing in text.


-TRANS-
        ABOLITION OF INTERSTATE COMMERCE COMMISSION AND TRANSFER OF
                                 FUNCTIONS
      Interstate Commerce Commission abolished and functions of
    Commission transferred, except as otherwise provided in Pub. L. 104-
    88, 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.

-End-



-CITE-
    45 USC Sec. 1313                                            01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 22 - CONRAIL PRIVATIZATION
    SUBCHAPTER II - CONRAIL
    Part A - Sale of Conrail

-HEAD-
    Sec. 1313. Fees

-STATUTE-
    (a) Investment banking firm fees
      The Secretary of Transportation, in consultation with the
    Secretary of the Treasury, shall agree to pay to investment banking
    firms and other persons participating with such firms in the public
    offering the absolute minimum amount in fees necessary to carry out
    the public offering.
    (b) Costs of public offering
      All costs of the public offering payable by the Secretary of
    Transportation shall be paid from the proceeds of the public
    offering.

-SOURCE-
    (Pub. L. 99-509, title IV, Sec. 4013, Oct. 21, 1986, 100 Stat.
    1897.)

-End-


-CITE-
    45 USC Part B - Other Matters Relating to Sale              01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 22 - CONRAIL PRIVATIZATION
    SUBCHAPTER II - CONRAIL
    Part B - Other Matters Relating to Sale

-HEAD-
                  PART B - OTHER MATTERS RELATING TO SALE              

-End-



-CITE-
    45 USC Sec. 1321                                            01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 22 - CONRAIL PRIVATIZATION
    SUBCHAPTER II - CONRAIL
    Part B - Other Matters Relating to Sale

-HEAD-
    Sec. 1321. Rail service obligations

-STATUTE-
    (a) Obligations of Corporation
      During a period of 5 years beginning on October 21, 1986, the
    following obligations shall apply to the Corporation:
        (1) The Corporation shall spend in each fiscal year the greater
      of (A) an amount equal to the Corporation's depreciation for
      financial reporting purposes for such year or (B) $500,000,000,
      in capital expenditures. With respect to any fiscal year, the
      Corporation's Board of Directors may reduce the required capital
      expenditures for such year to an amount which the Board
      determines is justified by prudent business and engineering
      practices, except that the Corporation's capital expenditures
      shall not be less than $350,000,000 for its first fiscal year
      beginning after the sale date, a total of $700,000,000 for its
      first two fiscal years beginning after the sale date, a total of
      $1,050,000,000 for its first three fiscal years beginning after
      the sale date, a total of $1,400,000,000 for its first four
      fiscal years beginning after the sale date, and a total of
      $1,750,000,000 for its first five fiscal years beginning after
      the sale date.
        (2) Repealed. Pub. L. 101-213, Sec. 2(b)(3), Dec. 11, 1989, 103
      Stat. 1843.
        (3) The Corporation shall continue its affirmative action
      program and its minority vendor program, substantially as such
      programs were being conducted by the Corporation as of February
      8, 1985, subject to any provisions of applicable law.
        (4) The Corporation shall not permit to occur any transaction
      or series of transactions (other than in the ordinary course of
      business of the Corporation and its subsidiaries) whereby all or
      any substantial part of the railroad assets and business of the
      Corporation and its subsidiaries taken as a whole are sold,
      leased, transferred, or otherwise disposed of to any corporation
      or entity other than to a wholly owned subsidiary of the
      Corporation.
        (5) The Corporation shall offer any line for which an
      abandonment certificate is issued by the Commission to a
      purchaser who agrees to provide interconnecting rail service.
      Such offer shall last for the 120-day period following the date
      of issuance of the abandonment certificate and the price for such
      abandoned line shall be equal to 75 percent of net liquidation
      value as determined by the Commission, pursuant to regulations
      that had been issued under section 748 of this title.
        (6) The Corporation and its subsidiaries shall maintain,
      preserve, protect, and keep their respective properties in good
      repair, working order, and condition, and shall not permit
      deferral of normal and prudent maintenance necessary to provide
      and maintain rail service.
    (b) Compliance certificates
      (1) Within 90 days after the close of each of its fiscal years,
    or at the time its financial statements have been audited,
    whichever occurs later, the Corporation shall deliver to the
    Secretary of Transportation a certificate executed by an executive
    officer of the Corporation. Such certificate shall certify that, as
    of such date, the Corporation is in compliance with all
    requirements (other than the requirement regarding a common stock
    dividend or a preferred stock dividend) set forth in this section.
    Such certificate shall include audited consolidated financial
    statements.
      (2) Within 5 days after the declaration of any common stock
    dividend or preferred stock dividend, the Corporation shall deliver
    to the Secretary of Transportation a certificate executed by an
    executive officer of the Corporation. Such certificate shall
    certify that, after giving effect to any such dividend, the
    Corporation shall be in compliance with any requirement regarding a
    common stock dividend or a preferred stock dividend set forth in
    this section. Such certificate shall include - 
        (A) quarterly financial statements; and
        (B) a report of the Corporation's total capital expenditures,

    for the period with respect to which the dividend has been
    declared, and the fiscal year to date, and shall compare such
    capital expenditures to the budgeted capital expenditures and to
    the capital expenditures during the comparable periods of the
    previous fiscal year.

-SOURCE-
    (Pub. L. 99-509, title IV, Sec. 4021, Oct. 21, 1986, 100 Stat.
    1898; Pub. L. 101-213, Sec. 2(b)(3), Dec. 11, 1989, 103 Stat.
    1843.)


-MISC1-
                                AMENDMENTS                            
      1989 - Subsec. (a)(2). Pub. L. 101-213 struck out par. (2) which
    set forth circumstances under which Corporation could declare or
    pay a common or preferred stock dividend and defined terms "common
    stock dividend" and "preferred stock dividend".


-TRANS-
        ABOLITION OF INTERSTATE COMMERCE COMMISSION AND TRANSFER OF
                                 FUNCTIONS
      Interstate Commerce Commission abolished and functions of
    Commission transferred, except as otherwise provided in Pub. L. 104-
    88, 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.

-End-



-CITE-
    45 USC Sec. 1322                                            01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 22 - CONRAIL PRIVATIZATION
    SUBCHAPTER II - CONRAIL
    Part B - Other Matters Relating to Sale

-HEAD-
    Sec. 1322. Ownership limitations

-STATUTE-
    (a) General
      (1) During a period of 3 years beginning on the sale date, no
    person, directly or indirectly, may acquire or hold securities
    representing more than 10 percent of the total votes of all
    outstanding voting securities of the Corporation.
      (2) This subsection shall not apply - 
        (A) to the employee stock ownership plan (or successor plans)
      of the Corporation,
        (B) to the Secretary of Transportation,
        (C) to a railroad as described under subsection (b) of this
      section,
        (D) to underwriting syndicates holding shares for resale, or
        (E) in the case of shares beneficially held for others, to
      commercial banks, broker-dealers, clearing corporations, or other
      nominees.
    (b) Railroads
      (1) During a period of 1 year beginning on the sale date, no
    railroad may purchase or hold, directly or indirectly, more than 10
    percent of any class of stock of the Corporation. During such
    period, no railroad may file an application with the Commission for
    a merger or consolidation with the Corporation or the acquisition
    of control of the Corporation under section 11344 (!1) of title 49.

      (2) During a period of 3 years beginning on the sale date, any
    railroad which purchases or holds any stock of the Corporation
    shall vote such stock in the same proportion as all other common
    stock of the Corporation is voted. After the expiration of 1 year
    after the sale date, the preceding sentence shall not apply to any
    railroad with respect to which the Commission has approved an
    application for a merger or consolidation with the Corporation or
    the acquisition of control of the Corporation under section 11344
    (!1) of title 49.
      (3) As used in this subsection, the term "railroad" means a class
    I railroad as determined by the Commission under the definition in
    effect on October 21, 1986, and includes any entity controlling,
    controlled by, or under common control with any railroad (other
    than the Corporation or its subsidiaries).

-SOURCE-
    (Pub. L. 99-509, title IV, Sec. 4022, Oct. 21, 1986, 100 Stat.
    1900.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 11344 of title 49, referred to in subsec. (b)(1), (2),
    was omitted in the general amendment of subtitle IV of Title 49,
    Transportation, by Pub. L. 104-88, title I, Sec. 102(a), Dec. 29,
    1995, 109 Stat. 804. Provisions similar to those in section 11344
    are contained in sections 11324 and 14303 of Title 49.


-TRANS-
        ABOLITION OF INTERSTATE COMMERCE COMMISSION AND TRANSFER OF
                                 FUNCTIONS
      Interstate Commerce Commission abolished and functions of
    Commission transferred, except as otherwise provided in Pub. L. 104-
    88, 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.

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    45 USC Sec. 1323                                            01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 22 - CONRAIL PRIVATIZATION
    SUBCHAPTER II - CONRAIL
    Part B - Other Matters Relating to Sale

-HEAD-
    Sec. 1323. Board of Directors

-STATUTE-
      The Board of Directors of the Corporation shall be comprised as
    follows:
        (1) Except as provided in paragraph (3), with respect to the
      period ending June 30, 1987, the board shall remain as it exists
      on October 21, 1986, with any vacancies being filled by directors
      nominated and elected by the remainder of the members of the
      board.
        (2)(A) Except as provided in paragraph (3), with respect to the
      period beginning July 1, 1987, the board shall consist of - 
          (i) 3 directors appointed by the Secretary of Transportation;
          (ii) the Chief Executive Officer and the Chief Operating
        Officer of the Corporation; and
          (iii) 8 directors appointed from among persons knowledgeable
        in business affairs by the special court trustees named under
        subparagraph (C), in consultation with the Secretary of
        Transportation and the Chairman of the Board of Directors of
        the Corporation, and recognizing the need for and importance of
        - 
            (I) continuity in the direction of the Corporation's
          business and affairs;
            (II) preserving the value of the investment of the United
          States in the Corporation;
            (III) preserving essential rail service provided by the
          Corporation; and
            (IV) providing for the sale of the United States shares.

        (B) The Secretary of Transportation and the special court
      trustees may appoint directors under subparagraph (A) from among
      existing directors of the Corporation.
        (C)(i) If more than 50 percent of the interest of the United
      States in the Corporation has not been sold before June 1, 1987,
      the special court established under section 719 of this title
      shall, on that date, name 3 trustees from among persons
      knowledgeable in business affairs to make the appointments
      required by subparagraph (A)(iii). The Corporation shall
      compensate the special court trustees in an amount to be
      specified by the special court, not to exceed the amount paid by
      the Corporation to its directors for comparable services.
        (ii) No person shall be eligible to be appointed as a special
      court trustee under this subparagraph who, at any time during the
      30 months immediately preceding such appointment, was an officer,
      employee, or director of the United States Railway Association,
      the Corporation, or the Department of Transportation.
        (3)(A) After the sale date, one director shall be elected by
      the public shareholders of the Corporation for each increment of
      12.5 percent of the interest of the United States in the
      Corporation that has been sold through public offering.
        (B) With respect to the period ending June 30, 1987 - 
          (i) the first director elected under this paragraph shall
        replace the member of the board who became a director most
        recently from among - 
            (I) directors appointed by the United States Railway
          Association, or elected under paragraph (1) to replace such a
          director, and
            (II) directors appointed by the Secretary of
          Transportation, or elected under paragraph (1) to replace
          such a director;

          (ii) the second director elected under this paragraph shall
        replace the member of the Board who became a director most
        recently from among directors described in clause (i)(I) or
        (II), whichever group the first director replaced under this
        subparagraph was not a member of; and
          (iii) subsequent directors elected under this paragraph shall
        replace members alternately from the groups described in clause
        (i)(I) and (II).

        (C) With respect to the period beginning July 1, 1987,
      directors elected under this paragraph shall replace directors
      appointed by the special court trustees under paragraph
      (2)(A)(iii), in the order designated by the special court
      trustees in a list to be issued at the time of such original
      appointments.
        (D) With respect to the period beginning on the first date more
      than 50 percent of the interest of the United States in the
      Corporation has been sold through public offering and ending when
      100 percent of such interest has been sold - 
          (i) all remaining members of the board referred to in
        paragraph (2)(A)(iii), and
          (ii) with respect to the period ending June 30, 1987, all
        remaining members of the board, except 3 members appointed by
        the Secretary of Transportation and the Chief Executive Officer
        and the Chief Operating Officer of the Corporation,

      shall be replaced by directors elected by the public shareholders
      of the Corporation.
        (E) After 100 percent of the interest of the United States in
      the Corporation has been sold, any remaining directors appointed
      by the Secretary of Transportation, the United States Railway
      Association, or the special court trustees referred to under
      paragraph (2)(A)(iii), shall be replaced by directors elected by
      the public shareholders of the Corporation.
        (F) Nothing in this paragraph shall be construed to prohibit
      any director referred to in this section from being elected as a
      director by the public shareholders of the Corporation.
        (4)(A) No director appointed or elected under this section
      shall be a special court trustee or an employee of the United
      States, except as elected by the public shareholders of the
      Corporation.
        (B) No director appointed or elected under this section shall
      be an employee of the Corporation, except as provided in
      paragraph (2)(A)(ii) or as elected by the public shareholders of
      the Corporation.

-SOURCE-
    (Pub. L. 99-509, title IV, Sec. 4023, Oct. 21, 1986, 100 Stat.
    1901.)


-TRANS-
      ABOLITION OF SPECIAL COURT, REGIONAL RAIL REORGANIZATION ACT OF
                      1973, AND TRANSFER OF FUNCTIONS
      Special court abolished and all jurisdiction and functions
    transferred to United States District Court for District of
    Columbia, see section 719(b)(2) of this title.

-End-



-CITE-
    45 USC Sec. 1324                                            01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 22 - CONRAIL PRIVATIZATION
    SUBCHAPTER II - CONRAIL
    Part B - Other Matters Relating to Sale

-HEAD-
    Sec. 1324. Certain enforcement relief

-STATUTE-
    (a) Enforcement actions
      The Secretary of Transportation, with respect to any provision of
    section 1321 or 1322 of this title, and any person who suffers
    direct and substantial economic injury as a result of an alleged
    violation by the Corporation, with respect to the provisions of
    section 1321(a)(1) and (2) (!1) of this title, and section 1322 of
    this title, may bring an action to require compliance with such
    provision.

    (b) Special court
      Any action brought under this subchapter shall be brought before
    the special court established under section 719 of this title. Such
    special court may limit the enforcement of a restriction under
    section 1321 of this title, if the effect of such restriction would
    be to substantially impair the continued viability of the
    Corporation.

-SOURCE-
    (Pub. L. 99-509, title IV, Sec. 4025, Oct. 21, 1986, 100 Stat.
    1905.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 1321(a)(2) of this title, referred to in subsec. (a), was
    repealed by Pub. L. 101-213, Sec. 2(b)(3), Dec. 11, 1989, 103 Stat.
    1843.


-TRANS-
      ABOLITION OF SPECIAL COURT, REGIONAL RAIL REORGANIZATION ACT OF
                      1973, AND TRANSFER OF FUNCTIONS
      Special court abolished and all jurisdiction and functions
    transferred to United States District Court for District of
    Columbia, see section 719(b)(2) of this title.

-FOOTNOTE-
    (!1) See References in Text note below.


-End-


-CITE-
    45 USC Part C - Miscellaneous Provisions                    01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 22 - CONRAIL PRIVATIZATION
    SUBCHAPTER II - CONRAIL
    Part C - Miscellaneous Provisions

-HEAD-
                     PART C - MISCELLANEOUS PROVISIONS                 

-End-



-CITE-
    45 USC Sec. 1341                                            01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 22 - CONRAIL PRIVATIZATION
    SUBCHAPTER II - CONRAIL
    Part C - Miscellaneous Provisions

-HEAD-
    Sec. 1341. Abolition of United States Railway Association

-STATUTE-
    (a) Abolition and termination
      (1) Effective April 1, 1987, the United States Railway
    Association is abolished.
      (2) On January 1, 1987, all powers, duties, rights, and
    obligations of such association relating to the Corporation under
    the Regional Rail Reorganization Act of 1973 (45 U.S.C. 701 et
    seq.) shall be transferred to the Secretary of Transportation.
      (3) The sole function of the United States Railway Association
    after January 1, 1987, shall be the termination of its affairs and
    the liquidation of its assets.
    (b) Transfer of securities and responsibilities
      (1) Any securities of the Corporation held by the United States
    Railway Association shall, upon (!1) October 21, 1986, be
    transferred to the Secretary of Transportation.

      (2) If, on the date the United States Railway Association is
    abolished under subsection (a) of this section, such association
    shall not have completed the termination of its affairs and the
    liquidation of its assets, the duty of completing such winding up
    of its affairs and liquidation shall be transferred to the
    Secretary of Transportation, who for such purposes shall succeed to
    all remaining powers, duties, rights, and obligations of such
    association.
    (c) Financing agreement
      (1) On January 1, 1987, the Amended and Restated Financing
    Agreement, dated May 10, 1979, between the United States Railway
    Association and the Corporation, together with any and all rights
    and obligations of or on behalf of any person with respect to such
    agreement, shall terminate and be of no further force or effect,
    except for those provisions specifying terms and conditions for
    payments made to the United States with respect to debentures,
    preferred stock, and contingent interest notes.
      (2) Effective as of the sale date, those provisions of the
    Financing Agreement referred to in paragraph (1) shall terminate.

-SOURCE-
    (Pub. L. 99-509, title IV, Sec. 4031, Oct. 21, 1986, 100 Stat.
    1906.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Regional Rail Reorganization Act of 1973, referred to in
    subsec. (a)(2), 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.

-FOOTNOTE-
    (!1) So in original. Probably should be "on".


-End-



-CITE-
    45 USC Sec. 1342                                            01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 22 - CONRAIL PRIVATIZATION
    SUBCHAPTER II - CONRAIL
    Part C - Miscellaneous Provisions

-HEAD-
    Sec. 1342. Exemption from liability

-STATUTE-
    (a) In general
      No person referred to in section 726(f)(8)(C)(i), (ii), or (iii)
    of this title shall be liable, for money damages or otherwise, to
    any party if, with respect to the subject matter of the action,
    suit, or proceeding, such person was fulfilling a duty, in
    connection with any action taken under this subchapter, which such
    person in good faith reasonably believed to be required by law or
    vested in such person.
    (b) Exception
      This section shall not apply to claims arising out of the
    Securities Act of 1933 [15 U.S.C. 77a et seq.], the Securities
    Exchange Act of 1934 [15 U.S.C. 78a et seq.], or the Constitution
    or laws of any State, territory, or possession of the United States
    relating to transactions in securities, which claims are in
    connection with a public offering under section 1312 of this title.

-SOURCE-
    (Pub. L. 99-509, title IV, Sec. 4034, Oct. 21, 1986, 100 Stat.
    1909.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Securities Act of 1933, referred to in subsec. (b), is act
    May 27, 1933, ch. 38, title I, 48 Stat. 74, as amended, which is
    classified generally to subchapter I (Sec. 77a et seq.) of chapter
    2A of Title 15, Commerce and Trade. For complete classification of
    this Act to the Code, see section 77a of Title 15 and Tables.
      The Securities Exchange Act of 1934, referred to in subsec. (b),
    is act June 6, 1934, ch. 404, 48 Stat. 881, as amended, which is
    classified principally to chapter 2B (Sec. 78a et seq.) of Title
    15. For complete classification of this Act to the Code, see
    section 78a of Title 15 and Tables.

-End-



-CITE-
    45 USC Sec. 1343                                            01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 22 - CONRAIL PRIVATIZATION
    SUBCHAPTER II - CONRAIL
    Part C - Miscellaneous Provisions

-HEAD-
    Sec. 1343. Charter amendment

-STATUTE-
      Within 60 days after October 21, 1986, the Corporation shall
    amend its Articles of Incorporation to contain the following
    provision, which provision shall not be subject to amendment or
    repeal:
      "It shall be a fundamental purpose of the Corporation to maintain
    continued rail service in its service area.".

-SOURCE-
    (Pub. L. 99-509, title IV, Sec. 4035, Oct. 21, 1986, 100 Stat.
    1909.)

-End-



-CITE-
    45 USC Sec. 1344                                            01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 22 - CONRAIL PRIVATIZATION
    SUBCHAPTER II - CONRAIL
    Part C - Miscellaneous Provisions

-HEAD-
    Sec. 1344. Status of Conrail after sale

-STATUTE-
      The Corporation shall be a rail carrier as defined in section
    10102 of title 49, notwithstanding this subchapter.

-SOURCE-
    (Pub. L. 99-509, title IV, Sec. 4036, Oct. 21, 1986, 100 Stat.
    1909; Pub. L. 104-88, title III, Sec. 332, Dec. 29, 1995, 109 Stat.
    953.)


-MISC1-
                                AMENDMENTS                            
      1995 - Pub. L. 104-88 substituted "section 10102" for "section
    10102(19)".

                     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.

-End-



-CITE-
    45 USC Sec. 1345                                            01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 22 - CONRAIL PRIVATIZATION
    SUBCHAPTER II - CONRAIL
    Part C - Miscellaneous Provisions

-HEAD-
    Sec. 1345. Effect on contracts

-STATUTE-
      Nothing in this subchapter shall affect any obligation of the
    Corporation to carry out its transportation contracts and equipment
    leases, equipment trusts, and conditional sales agreements, in
    accordance with their terms.

-SOURCE-
    (Pub. L. 99-509, title IV, Sec. 4037, Oct. 21, 1986, 100 Stat.
    1909.)

-End-



-CITE-
    45 USC Sec. 1346                                            01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 22 - CONRAIL PRIVATIZATION
    SUBCHAPTER II - CONRAIL
    Part C - Miscellaneous Provisions

-HEAD-
    Sec. 1346. Resolution of certain issues

-STATUTE-
    (a) Employee issues
      Section 4024 completely and finally - 
        (1) extinguishes all employee rights, and any obligation of the
      United States, under section 761(e) (!1) of this title as in
      effect immediately before October 21, 1986;

        (2) resolves any and all claims against the Corporation or any
      other person arising under the Definitive Agreement referred to
      in section 4024(d)(1) or any other agreement containing similar
      terms and conditions;
        (3) resolves all claims to pay entitlements arising out of the
      pay increase deferrals by present and former employees of the
      Corporation under the Agreement of May 5, 1981, between Conrail
      and Certain Labor Organizations for Labor Contributions to Self-
      Sufficiency for Conrail;
        (4) resolves all issues raised by notices served by
      representatives of such employees under section 156 of this title
      proposing repayment of or compensation for such deferrals; and
        (5) resolves all claims against the Railway Labor Executives'
      Association or the Corporation by any adviser, consultant, or
      other person who has provided services to such association in
      connection with any matter referred to in this subchapter.
    (b) Corporation actions
      The Corporation shall not be considered to be in breach, default,
    or violation of any agreement to which it is a party,
    notwithstanding any provision of such agreement, because of any
    provision of this subchapter or any action the Corporation is
    required to take under this subchapter.
    (c) Right to sue withdrawn
      The United States hereby withdraws any stated or implied consent
    for the United States, or any agent or officer of the United
    States, to be sued by any person for any legal, equitable, or other
    relief with respect to any claim arising out of, or resulting from,
    acts or omissions under this subchapter, except actions brought to
    require the Secretary of Transportation to perform duties or acts
    required under part A of this subchapter.

-SOURCE-
    (Pub. L. 99-509, title IV, Sec. 4038, Oct. 21, 1986, 100 Stat.
    1909.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 4024, referred to in subsec. (a), is section 4024 of Pub.
    L. 99-509, which amended section 797 of this title, provided for
    repeal of section 797 of this title effective on the sale date of
    the Consolidated Rail Corporation, and enacted provisions set out
    as a note under section 797 of this title. Section 4024(d)(1) is
    set out as a note under section 797 of this title.
      Section 761 of this title, referred to in subsec. (a)(1), was
    repealed by Pub. L. 99-509, title IV, Sec. 4033(a)(1), Oct. 21,
    1986, 100 Stat. 1908.
      Part A of this subchapter, referred to in subsec. (c), was in the
    original "subpart A" meaning subpart A (Secs. 4011-4013) of part 2
    of subtitle A of title IV of Pub. L. 99-509, Oct. 21, 1986, 100
    Stat. 1895, which enacted part A of this subchapter and amended
    section 726 of this title. For complete classification of this Act
    to the Code, see Tables.

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    45 USC Sec. 1347                                            01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 22 - CONRAIL PRIVATIZATION
    SUBCHAPTER II - CONRAIL
    Part C - Miscellaneous Provisions

-HEAD-
    Sec. 1347. Tax treatment of Conrail public sale

-STATUTE-
    (a) Treatment as new corporation
      (1) In general
        For periods after the public sale, for purposes of title 26,
      Conrail shall be treated as a new corporation which purchased all
      of its assets as of the beginning of the day after the date of
      the public sale for an amount equal to the deemed purchase price.
      (2) Allocation among assets
        The deemed purchase price shall be allocated among the assets
      of Conrail in accordance with the temporary regulations
      prescribed under section 338 of title 26 (as such regulations
      were in effect on October 21, 1986). The Secretary shall
      establish specific guidelines for carrying out the preceding
      sentence so that the basis of each asset will be clearly
      ascertainable. For purposes of applying the regulations referred
      to in the first sentence, accounts receivable and materials and
      supplies shall be treated as cash equivalents.
      (3) Deemed purchase price
        For purposes of this subsection, the deemed purchase price is
      an amount equal to the gross amount received pursuant to the
      public sale, multiplied by a fraction - 
          (A) the numerator of which is 100 percent, and
          (B) the denominator of which is the percentage (by value) of
        the stock of Conrail sold in the public sale.

      The amount determined under the preceding sentence shall be
      adjusted under regulations prescribed by the Secretary for
      liabilities of Conrail and other relevant items.
    (b) No income from cancellation of debt or preferred stock
      No amount shall be included in the gross income of any person by
    reason of any cancellation of any obligation (or preferred stock)
    of Conrail in connection with the public sale.
    (c) Disallowance of certain deductions
      No deduction shall be allowed to Conrail for any amount which is
    paid after the date of the public sale to employees of Conrail for
    services performed on or before the date of the public sale.
    (d) Waiver of certain employee stock ownership plan provisions
      For purposes of determining whether the employee stock ownership
    plans of Conrail meet the qualifications of sections 401 and 501 of
    title 26 - 
        (1) the limits of section 415 of such title (relating to
      limitations on benefits and contributions under qualified plans)
      shall not apply with respect to interests in stock transferred
      pursuant to this Act or a law heretofore enacted, and
        (2) the 2-year waiting period for withdrawals shall not apply
      to withdrawals of amounts (or shares) in participants accounts in
      connection with the public sale.
    (e) Definitions
      For purposes of this section - 
      (1) Conrail
        The term "Conrail" means the Consolidated Rail Corporation.
      Such term includes any corporation which was a subsidiary of
      Conrail immediately before the public sale.
      (2) Public sale
        The term "public sale" means the sale of stock in Conrail
      pursuant to a public offering under the Conrail Privatization Act
      [45 U.S.C. 1301 et seq.]. If there is more than 1 public offering
      under such Act, such term means the sale pursuant to the initial
      public offering under such Act.
      (3) Secretary
        The term "Secretary" means the Secretary of the Treasury or his
      delegate.

-SOURCE-
    (Pub. L. 99-509, title VIII, Sec. 8021, Oct. 21, 1986, 100 Stat.
    1954; Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This Act, referred to in subsec. (d)(1), is Pub. L. 99-509, Oct.
    21, 1986, 100 Stat. 1874, as amended, known as the Omnibus Budget
    Reconciliation Act of 1986. For complete classification of this Act
    to the Code, see Tables.
      The Conrail Privatization Act, referred to in subsec. (e)(2), is
    subtitle A (Secs. 4001-4052) of title IV of Pub. L. 99-509, Oct.
    21, 1986, 100 Stat. 1892, which is classified principally to this
    chapter (Sec. 1301 et seq.). For complete classification of this
    Act to the Code, see Short Title note set out under section 1301 of
    this title and Tables.

-COD-
                               CODIFICATION                           
      This section was enacted as part of the Omnibus Budget
    Reconciliation Act of 1986, and not as part of subtitle A of title
    IV of that Act, known as the Conrail Privatization Act, which
    comprises this chapter.


-MISC1-
                                AMENDMENTS                            
      1986 - Subsecs. (a)(1), (2), (d). Pub. L. 99-514 substituted
    "Internal Revenue Code of 1986" for "Internal Revenue Code of
    1954", which for purposes of codification was translated as "title
    26" thus requiring no change in text.

-End-