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45 U.S.C. § 821 to 823 — Repealed. Pub. L. 117–58, div. B, title I, § 21301(b)(1)(A), Nov. 15, 2021, 135 Stat. 683
Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section 821, Pub. L. 94–210, title V, § 501, as added Pub. L. 105–178, title VII, § 7203(a)(1), June 9, 1998, 112 Stat. 471; amended Pub. L. 114–94, div. A, title XI, § 11602, Dec. 4, 2015, 129 Stat. 1693, defined terms for purposes of this subchapter. See [section 22401 of Title 49](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section22401&num=0&edition=prelim), Transportation.
A prior section 821, Pub. L. 94–210, title V, § 501, Feb. 5, 1976, 90 Stat. 66; Pub. L. 95–620, title VIII, § 803(c)(1), Nov. 9, 1978, 92 Stat. 3347; Pub. L. 96–101, § 24(b), Nov. 4, 1979, 93 Stat. 747; Pub. L. 96–448, title IV, § 405(d), Oct. 14, 1980, 94 Stat. 1947; Pub. L. 97–35, title XI, § 1162(b), Aug. 13, 1981, 95 Stat. 684; Pub. L. 99–509, title IV, § 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, § 7203(a)(1), June 9, 1998, 112 Stat. 471.
Section 822, Pub. L. 94–210, title V, § 502, as added Pub. L. 105–178, title VII, § 7203(a)(1), June 9, 1998, 112 Stat. 473; amended Pub. L. 109–59, title IX, § 9003(b)–(g), Aug. 10, 2005, 119 Stat. 1921–1923; Pub. L. 110–432, div. A, title VII, § 701(e), Oct. 16, 2008, 122 Stat. 4906; Pub. L. 114–94, div. A, title XI, §§ 11603–11605(a), 11606, 11607(a), 11608, 11609, Dec. 4, 2015, 129 Stat. 1694, 1695, 1697–1700; Pub. L. 116–94, div. H, title I, § 192, Dec. 20, 2019, 133 Stat. 2972; Pub. L. 116–159, div. B, title I, § 1104(b), Oct. 1, 2020, 134 Stat. 727, related to direct loans and loan guarantees. See [section 22402 of Title 49](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section22402&num=0&edition=prelim), Transportation.
A prior section 822, Pub. L. 94–210, title V, § 502, Feb. 5, 1976,
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Source file: Laws/federal/codes/united-states-code/title-45/section-821-to-823-45-u-s-c-821-to-823-repealed-pub-l-11758-div-b-title-i-21301-b-1-a-nov-1--7128829242.md
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Source location: Title 45, Chapter 17, § 821 to 823; chapter-017-railroad-revitalization-and-regulatory-reform.md
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### Statutory Notes
Section 821, Pub. L. 94–210, title V, § 501, as added Pub. L. 105–178, title VII, § 7203(a)(1), June 9, 1998, 112 Stat. 471; amended Pub. L. 114–94, div. A, title XI, § 11602, Dec. 4, 2015, 129 Stat. 1693, defined terms for purposes of this subchapter. See [section 22401 of Title 49](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section22401&num=0&edition=prelim), Transportation.
A prior section 821, Pub. L. 94–210, title V, § 501, Feb. 5, 1976, 90 Stat. 66; Pub. L. 95–620, title VIII, § 803(c)(1), Nov. 9, 1978, 92 Stat. 3347; Pub. L. 96–101, § 24(b), Nov. 4, 1979, 93 Stat. 747; Pub. L. 96–448, title IV, § 405(d), Oct. 14, 1980, 94 Stat. 1947; Pub. L. 97–35, title XI, § 1162(b), Aug. 13, 1981, 95 Stat. 684; Pub. L. 99–509, title IV, § 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, § 7203(a)(1), June 9, 1998, 112 Stat. 471.
Section 822, Pub. L. 94–210, title V, § 502, as added Pub. L. 105–178, title VII, § 7203(a)(1), June 9, 1998, 112 Stat. 473; amended Pub. L. 109–59, title IX, § 9003(b)–(g), Aug. 10, 2005, 119 Stat. 1921–1923; Pub. L. 110–432, div. A, title VII, § 701(e), Oct. 16, 2008, 122 Stat. 4906; Pub. L. 114–94, div. A, title XI, §§ 11603–11605(a), 11606, 11607(a), 11608, 11609, Dec. 4, 2015, 129 Stat. 1694, 1695, 1697–1700; Pub. L. 116–94, div. H, title I, § 192, Dec. 20, 2019, 133 Stat. 2972; Pub. L. 116–159, div. B, title I, § 1104(b), Oct. 1, 2020, 134 Stat. 727, related to direct loans and loan guarantees. See [section 22402 of Title 49](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section22402&num=0&edition=prelim), Transportation.
A prior section 822, Pub. L. 94–210, title V, § 502, Feb. 5, 1976, 90 Stat. 67; Pub. L. 95–620, title VIII, § 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, § 7203(a)(1), June 9, 1998, 112 Stat. 471.
Section 823, Pub. L. 94–210, title V, § 503, as added and amended Pub. L. 105–178, title VII, § 7203(a)(1), (4), June 9, 1998, 112 Stat. 475, 477; Pub. L. 109–59, title IX, § 9003(h), (i), Aug. 10, 2005, 119 Stat. 1923; Pub. L. 114–94, div. A, title XI, § 11605(b), Dec. 4, 2015, 129 Stat. 1695; Pub. L. 115–56, div. D, § 164(b), as added Pub. L. 115–123, div. B, § 20101(2), Feb. 9, 2018, 132 Stat. 121, related to administration of direct loans and loan guarantees. See [section 22403 of Title 49](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section22403&num=0&edition=prelim), Transportation.
A prior section 823, Pub. L. 94–210, title V, § 503, Feb. 5, 1976, 90 Stat. 69; Pub. L. 94–555, title II, § 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, § 7203(a)(1), June 9, 1998, 112 Stat. 471.
#### Savings Provision
Pub. L. 117–58, div. B, title I, § 21301(b)(2), Nov. 15, 2021, 135 Stat. 683, provided that: “The repeals under paragraph (1) [repealing this section and sections 822, 823, and 836 of this title] shall not affect the rights and duties that matured under the repealed sections, the penalties that were incurred under such sections, or any proceeding authorized under any such section that commenced before the date of enactment of this Act [Nov. 15, 2021].”
#### Substantive Criteria and Standards
Pub. L. 109–59, title IX, § 9003(j), Aug. 10, 2005, 119 Stat. 1923, which related to the substantive criteria and standards used by the Secretary of Transportation to determine whether to approve or disapprove applications submitted under former [section 822 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section822&num=0&edition=prelim), was repealed by Pub. L. 117–58, div. B, title I, § 21301(b)(1)(B), Nov. 15, 2021, 135 Stat. 683.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) General Authority.—** The Secretary shall provide direct loans and loan guarantees to—
(1) State and local governments;
(2) entities implementing interstate compacts consented to by Congress under section 410(a) of the Amtrak Reform and Accountability Act of 1997 ([49 U.S.C. 24101](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section24101&num=0&edition=prelim) note);
(3) government sponsored authorities and corporations;
(4) railroads;
(5) entities participating in joint ventures that include at least 1 of the entities described in paragraph (1), (2), (3), (4), or (6);
(6) limited option freight shippers that own or operate a plant or other facility, solely for the purpose of constructing a rail connection between a plant or facility and a railroad; and
(7) private entities with controlling ownership in 1 or more freight railroads other than Class I carriers.
**(b) Eligible Purposes.—**
(1) **In general.—** — Direct loans and loan guarantees authorized under this section shall be used—
(A) to acquire, improve, or rehabilitate intermodal or rail equipment or facilities, including track, components of track, cuts and fills, stations, tunnels, bridges, yards, buildings, and shops, and to finance costs related to those activities, including pre-construction costs;
(B) to develop or establish new intermodal or railroad facilities;
(C) to develop landside port infrastructure for seaports serviced by rail;
(D) to refinance outstanding debt incurred for the purposes described in subparagraph (A) , (B), or (C);
(E) to reimburse planning, permitting, and design expenses relating to activities described in subparagraph (A), (B), or (C); or
(F) to finance economic development, including commercial and residential development,
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 22402
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Applications.—**
(1) **In general.—** — The Secretary shall prescribe the form and contents required of applications for assistance under section 22402, 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, including a program guide, a standard term sheet, and specific timetables.
(2) **Documentation.—** — An applicant meeting the size standard for small business concerns established under section 3(a)(2) of the Small Business Act ([15 U.S.C. 632(a)(2)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section632/a/2&num=0&edition=prelim)) may provide unaudited financial statements as documentation of historical financial information if such statements are accompanied by the applicant’s Federal tax returns and Internal Revenue Service tax verifications for the corresponding years.
**(b) Full Faith and Credit.—** All guarantees entered into by the Secretary under section 22402 shall constitute general obligations of the United States of America backed by the full faith and credit of the United States of America.
**(c) Assignment of Loan Guarantees.—** The holder of a loan guarantee made under section 22402 may assign the loan guarantee in whole or in part, subject to such requirements as the Secretary may prescribe.
**(d) 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 Unite
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 22403
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Federal law — U.S. Code and appendices · legal_authorities
In this chapter:
(1) **Cost.—**
(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 th
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 22401
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