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 to the ju- risdiction of district courts in railroad reorganization proceedings. Subsec. (h)(4)(D). Pub. L. 94–555, § 203(c), added subpar. (D). Subsec. (h)(5)(B). Pub. L. 94–555, § 203(d), inserted pro- visions relating to filing proof of claim for administra- tive expense. Subsec. (h)(6)(A)(i). Pub. L. 94–555, § 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, § 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, § 5(b), substituted ‘‘achieve the goals of this chapter’’ for ‘‘carry out the final system plan’’. Subsec. (f). Pub. L. 94–5, § 5(c), substituted ‘‘goals of this chapter’’ for ‘‘goals of the final system plan’’. Statutory Notes and Related Subsidiaries 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. ABOLITION OF UNITED STATES RAILWAY ASSOCIATION AND TRANSFER OF FUNCTIONS AND SECURITIES See section 1341 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. § 722. Records, audit, and examination (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 re- cipient 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 Comp- troller General of the United States, or any of their duly authorized representatives shall, until the expiration of 3 years after the imple- mentation 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 Associa- tion, the Secretary, or the Comptroller General may be related or pertinent to the loans, obliga- tions or other arrangements referred to in sub- section (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 Associa- tion, have access to any such materials which concern any matter that may bear upon— (1) the ability of the recipient of such finan- cial 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. (Pub. L. 93–236, title II, § 212, Jan. 2, 1974, 87 Stat. 1002.) Statutory Notes and Related Subsidiaries ABOLITION OF UNITED STATES RAILWAY ASSOCIATION AND TRANSFER OF FUNCTIONS AND SECURITIES See section 1341 of this title. § 723. Emergency assistance pending implemen- tation (a) Emergency assistance The Secretary is authorized, pending the im- plementation of the final system plan, to pay to the trustees of railroads in reorganization such sums as are necessary for the continued provi- sion of essential transportation services by such railroads. Such payments shall be made by the Secretary upon such reasonable terms and con- ditions 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 des- ignated rail properties until the date rail prop- erties are conveyed under this chapter or to im- Page 179 TITLE 45—RAILROADS § 724 prove such designated properties, such agree- ment 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 sub- section, $50,000,000 shall be available solely to pay to the trustees of railroads in reorganiza- tion 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 Com- merce Commission during the calendar year 1975, if the Secretary determines that such pay- ments are necessary to carry out this section. (Pub. L. 93–236, title II, § 213, Jan. 2, 1974, 87 Stat. 1003; Pub. L. 94–5, § 6, Feb. 28, 1975, 89 Stat. 8.) Editorial Notes AMENDMENTS 1975—Subsec. (a). Pub. L. 94–5, § 6(a), inserted provi- sion 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 des- ignated properties, such agreement contain conditions set forth in section 725(b) of this title. Subsec. (b). Pub. L. 94–5, § 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 at- tributable to tariff increases proposed by railroads and suspended by Interstate Commerce Commission during calendar year 1975, if Secretary determines that pay- ments are necessary to carry out this section. Statutory Notes and Related Subsidiaries ABOLITION OF INTERSTATE COMMERCE COMMISSION AND TRANSFER OF FUNCTIONS Interstate Commerce Commission abolished and func- tions of Commission transferred, except as otherwise provided in Pub. L. 104–88, to Surface Transportation Board effective Jan. 1, 1996, by section 1302 of Title 49, Transportation, and section 101 of Pub. L. 104–88, set out as a note under section 1301 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 appro- priate, see section 205 of Pub. L. 104–88, set out as a note under section 1301 of Title 49. § 724. Authorization of appropriations (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 nec- essary, not to exceed $12,500,000, to remain avail- able 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 re- main 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 of- ficial of the United States. Moneys appropriated for the Office shall not be withheld by any agen- cy 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 ap- propriated to the Commission shall be withheld by any other agency or official of the United States to offset any moneys appropriated pursu- ant to this subsection. (c) Association There are authorized to be appropriated to the Association for purposes of carrying out its ad- ministrative expenses under this chapter not to exceed $13,000,000 for the fiscal year ending Sep- tember 30, 1982, and not to exceed $4,000,000 for the fiscal year ending September 30, 1983. Sums appropriated under this subsection are author- ized to remain available until expended. (Pub. L. 93–236, title II, § 214, Jan. 2, 1974, 87 Stat. 1003; Pub. L. 93–488, § 1(c), Oct. 26, 1974, 88 Stat. 1464; Pub. L. 94–210, title VI, § 607(m), (n), Feb. 5, 1976, 90 Stat. 97; Pub. L. 94–436, § 1, Sept. 30, 1976, 90 Stat. 1398; Pub. L. 95–199, § 1, Nov. 23, 1977, 91 Stat. 1423; Pub. L. 95–611, § 1, Nov. 8, 1978, 92 Stat. 3089; Pub. L. 96–73, title II, § 201, Sept. 29, 1979, 93 Stat. 555; Pub. L. 96–448, title VII, § 704, Oct. 14, 1980, 94 Stat. 1965; Pub. L. 97–35, title XI, § 1151, Aug. 13, 1981, 95 Stat. 676.) Editorial Notes 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 re- lating 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 au- thorizing appropriations of not to exceed $28,500,000 for fiscal year ending Sept. 30, 1980. 1979—Subsec. (c). Pub. L. 96–73 substituted appropria- tions 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 ex- pended, for provision authorizing appropriations of $23,000,000 for fiscal year ending Sept. 30, 1978, to re- main 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 au- thorizing 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, § 607(n), inserted pro- vision authorizing appropriation of sums to discharge the obligation of the United States under section 743(c)(5) of this title.