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45 U.S.C. § 723 — Emergency assistance pending implementation

Federal law — U.S. Code and appendices · legal_authorities

45 U.S.C. § 723 — Emergency assistance pending implementation

**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section725&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section725/b&num=0&edition=prelim). **(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

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Source location: Title 45, Chapter 16, § 723; chapter-016-regional-rail-reorganization.md

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Federal law — U.S. Code and appendices · legal_authorities

45 U.S.C. § 725 — Interim agreements

**(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 attributa

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49 U.S.C. § 1301 — Establishment of Board

**(a) Establishment.—** The Surface Transportation Board is an independent establishment of the United States Government. **(b) Membership.—** (1) The Board shall consist of 5 members, to be appointed by the President, by and with the advice and consent of the Senate. Not more than 3 members may be appointed from the same political party. (2) At all times— (A) at least 3 members of the Board shall be individuals with professional standing and demonstrated knowledge in the fields of transportation, transportation regulation, or economic regulation; and (B) at least 2 members shall be individuals with professional or business experience (including agriculture) in the private sector. (3) The term of each member of the Board shall be 5 years and shall begin when the term of the predecessor of that member ends. An individual appointed to fill a vacancy occurring before the expiration of the term for which the predecessor of that individual was appointed, shall be appointed for the remainder of that term. When the term of office of a member ends, the member may continue to serve until a successor is appointed and qualified, but for a period not to exceed one year. The President may remove a member for inefficiency, neglect of duty, or malfeasance in office. (4) No individual may serve as a member of the Board for more than 2 terms. In the case of an individual appointed to fill a vacancy occurring before the expiration of the term for which the predecessor of that individual was appointed, such individual may not be appointed for more than one additional term. (5) A member of the Board may not have a pecuniary interest in, hold an official relation to, or own stock in or bonds of, a carrier providing transportation by any mode and may not engage in another busines

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49 U.S.C. § 1302 — Functions

Except as otherwise provided in the ICC Termination Act of 1995, or the amendments made thereby, the Board shall perform all functions that, immediately before January 1, 1996, were functions of the Interstate Commerce Commission or were performed by any officer or employee of the Interstate Commerce Commission in the capacity as such officer or employee.

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Federal law — U.S. Code and appendices · legal_authorities

45 U.S.C. § 723 — Emergency assistance pending implemen-

Page 178 TITLE 45—RAILROADS § 722 1978—Subsec. (d). Pub. L. 95–611 inserted provision au- thorizing 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, § 203(a), increased aggre- gate principal amount of loan agreements, at any given time, to $350,000,000; substituted ‘‘such railroads in re- organization’’ 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 aris- ing 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 pro- visions that claim arising prior to conveyance of rail properties must be presented to a railroad in reorga- nization 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 fur- nishing of which avoided disruption of ordinary busi- ness 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 in- cluded in joint agreement between Finance Committee and the Corporation. Subsec. (h)(2). Pub. L. 94–555, § 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

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