§ 712. Functions of Association

Footnotes

1. 1 So in original. Probably should be “(6)”.
2. 2 Par. “(1)” designation supplied editorially.
3. 3 So in original. Subsec. (g) redesignated (f) by Pub. L. 97–35.
4. 4 So in original. Subsec. (h) redesignated (g) by Pub. L. 97–35.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1974

   Regional Rail Reorganization Act of 1973

   Pub. L. 93–236 title II § 202 · 87 Stat. 985

   Enacted · 45 U.S.C. § 712

   Pub. L. 93–236, title II, § 202, Jan. 2, 1974, 87 Stat. 990

   Source evidence

   Code source credit
   Pub. L. 93–236, title II, § 202, Jan. 2, 1974, 87 Stat. 990

   Enacted provision · exact public law section
   Sec. 202. general powers and duties of the association (a) General.— To carry out the purposes of this Act, the Association is authorized to— (1) engage in the preparation and implementation of the final system plan; (2) issue obligations under section 210 of this title and make loans under section 211 of this title; (3) provide assistance to States and local or regional transportation authorities in accordance with section 403 of this Act; (4) sue and be sued, complain and defend, in the name of the Association and through its own attorneys; adopt, amend, and repeal bylaws governing the operation of the Association and such rules and regulations as are necessary to carry out the authority granted under this Act; conduct its affairs, carry on operations, and maintain offices; (5) appoint, fix the compensation, and assign the duties of such attorneys, agents, consultants, and other full- and part-time employees as it deems necessary or appropriate; except that (1) no officer of the Association, including the Chairman, may receive compensation at a rate in excess of that prescribed for level I of the Executive Schedule under section 5312 of title 5, United States 80 Stat. 460; 83 Stat. 864. Code; and (2) no individual may hold a position in violation of regulations which the Secretary shall establish to avoid conflicts of interest and to protect the interests of the public; (6) acquire and hold such real and personal property as it deems necessary or appropriate in the exercise of its responsibilities under this Act, and to dispose of any such property held by it; (7) consult with the Secretary of the Army and the Chief of Engineers and request the assistance of the Corps of Engineers, and the Secretary of the Army may direct the Corps of Engineers to cooperate fully with the Association, the Corporation, or any entity designated in accordance with section 206(c)(1)(C) in order to carry out the purposes of this Act; (8) consult on an ongoing basis with the Chairman of the Federal Trade Commission and the Attorney General to assess the possible anticompetitive effects of various proposals and to negotiate provisions which would, to the greatest extent practicable in accordance with the purposes of this Act and the goal set forth in section 206(a)(5) of this title, alleviate any such anticompetitive effects; (9) consult with representatives of science, industry, agriculture, labor, environmental protection and consumer organizations, and other groups, as it deems advisable; and (10) enter into, without regard to section 3700 of the Revised Statutes of the United States (41 U.S.C, 5), such contracts, leases, cooperative agreements, or other transactions as may be necessary in the conduct of its functions and duties with any person (including a government entity). (b) Duties.— In addition to its duties and responsibilities under other provisions of this Act, the Association shall— (1) prepare a survey of existing rail services in the region, including patterns of traffic movement; traffic density over identified lines; pertinent costs and revenues of lines; and plant, equipment. and facilities (inducing yards and terminals); (2) prepare an economic and operational study and analysis of present and future rail service needs in the. region; the nature and volume of the traffic in the region now being moved by rail or likely to be moved by rail in the future; the extent to which available alternative modes of transportation could move such traffic as is now carried by railroads in reorganization; the relative economic, social, and environmental costs that would be involved in the use of such available alternative modes, including energy resource costs; and the competitive or other effects on profitable railroads; (3) prepare a study of rail passenger services in the region, in terms of scope and quality; (4) consider the views of the Office and of all government officials and persons who submit views, reports, or testimony under section 205(d)(1) of this title or in the course of proceedings conducted by the Office; (5) consider methods of achieving economies in the cost of rail system operations in the region including consolidation, pooling, and joint use or operation of lines, facilities, and operating equipment; relocation; rehabilitation and modernization of equipment, track, and other facilities; and abandonment of lines consistent with meeting needs and service requirements; together with the anticipated economic, social, and environmental costs and benefits of each such method; (6) consider the effect on railroad employees of any restructuring of rail services in the region; (7) make available to the Secretary, the Director of the Office and appropriate committees of the Congress all studies, data, and other information acquired or developed by the Association. (c) 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. (d) 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. (e) Annual Report.— The Association shall transmit to the Congress Report to Congress and Presidents 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 (1) the Association’s statement of specific and detailed objectives for the activities and programs conducted and assisted under this Act; (2) 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 Act, measured through the end of the preceding fiscal year; (3) recommendations with respect, to any legislation or administrative action which the Association deems necessary or desirable; (4) a statistical compilation of the obligations issued and loans made under this Act; (5) a summary of outstanding problems confronting the Association, in order of priority; (6) all other information required to be submitted to the Congress pursuant to any other provision of this Act; and (7) the Association’s projections and plans for its activities and programs during the next fiscal year. (f) Budget.— The receipts and disbursements of the Association (other than administrative expenses referred to in subsection (g) of this section) 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. Budget, transmittal to Congress. 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. (g) Accountability.— (1) Section 201 of the Government Corporation 70 Stat. 667; 85 Stat. 37. Control Act (31 U.S.C. 856) is amended by striking out “and” at the end of clause (6) and by inserting immediately before the period at the end thereof the following: “, (8) the United States Railway Association”. (2) 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.

2. 1975

   Regional Rail Reorganization Act Amendments of 1975

   Pub. L. 94–5 § 2(a)(1) · 89 Stat. 7

   Inserted · 45 U.S.C. § 712(b)(2)

   Pub. L. 94–5, § 2(a)(1), inserted “and express” after “rail” wherever appearing

   Source evidence

   Code amendment note
   Subsec. (b)(2). Pub. L. 94–5, § 2(a)(1), inserted “and express” after “rail” wherever appearing.

   Enacted provision · exact public law section
   (1) in paragraph (2) by inserting “and express” immediately after “rail” each time it appears;

3. 1975

   Regional Rail Reorganization Act Amendments of 1975

   Pub. L. 94–5 § 2(a)(2) · 89 Stat. 7

   Substituted · 45 U.S.C. § 712(b)(7)

   Pub. L. 94–5, § 2(a)(2), substituted “; and” for a period at end of par. (7)

   Source evidence

   Code amendment note
   Subsec. (b)(7). Pub. L. 94–5, § 2(a)(2), substituted “; and” for a period at end of par. (7).

   Enacted provision · exact public law section
   (2) by striking out the period at the end of paragraph (7) and inserting in lieu thereof “; and”; and

4. 1975

   Regional Rail Reorganization Act Amendments of 1975

   Pub. L. 94–5 § 2(a)(3) · 89 Stat. 7

   Added · 45 U.S.C. § 712(b)(8)

   Pub. L. 94–5, § 2(a)(3), added par. (8)

   Source evidence

   Code amendment note
   Subsec. (b)(8). Pub. L. 94–5, § 2(a)(3), added par. (8).

   Enacted provision · exact public law section
   (3) by adding at the end thereof the following new paragraph: “(8) study the feasibility of coordinating rail and express service in the region.”.

5. 1976

   Railroad Revitalization and Regulatory Reform Act of 1976

   Pub. L. 94–210 § 601(c) · 90 Stat. 31

   Inserted · 45 U.S.C. § 712(a)(2)

   Pub. L. 94–210, § 601(c), inserted provisions relating to securities under section 726 of this title and certificates of value under section 746 of this title

   Source evidence

   Code amendment note
   Subsec. (a)(2). Pub. L. 94–210, § 601(c), inserted provisions relating to securities under section 726 of this title and certificates of value under section 746 of this title.

   Enacted provision · exact public law section
   (c) Section 202(a)(2) of such Act (45 U.S.C. 712(a)(2)) is amended to read as follows: “(2) issue obligations under section 210 of this title; make loans under section 211 of this title; purchase or otherwise acquire or receive and hold and dispose of securities (whether debt or equity) Post, p. 89. of the Corporation under section 216 of this title and exercise all of the rights, privileges, and powers of a holder of any such securities; and issue certificates of value under section 306 of this Act;”.

6. 1976

   Railroad Revitalization and Regulatory Reform Act of 1976

   Pub. L. 94–210 § 607(b) · 90 Stat. 31

   Inserted · 45 U.S.C. § 712(e)

   Pub. L. 94–210, § 607(b), in cl. (4) inserted “, certificates of value issued, securities purchased,” after “obligations issued”

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 94–210, § 607(b), in cl. (4) inserted “, certificates of value issued, securities purchased,” after “obligations issued”.

   Enacted provision · exact public law section
   (b) Section 202(e) of such Act (45 U.S.C. 712(e)) is amended by inserting after “obligations issued” and before “and loans” in clause (4) thereof the following: “, certificates of value issued, securities purchased.”.

7. 1976

   Railroad Revitalization and Regulatory Reform Act of 1976

   Pub. L. 94–210 § 607(c) · 90 Stat. 31

   Inserted · 45 U.S.C. § 712(f)

   Pub. L. 94–210, § 607(c), inserted provisions relating to receipts and disbursements under sections 726 and 746 of this title

   Source evidence

   Code amendment note
   Subsec. (f). Pub. L. 94–210, § 607(c), inserted provisions relating to receipts and disbursements under sections 726 and 746 of this title.

   Enacted provision · exact public law section
   (c) Section 202(f) of such Act (45 U.S.C. 712(f)) is amended by inserting after “section” and before “)” in the first sentence thereof the following: “and receipts and disbursements under section 216 of this Ante, p. 89; Post, p. 104. title and section 306 of this Act.”.

8. 1977

   Pub. L. 95–199 § 2 · 91 Stat. 1423

   1. Substituted · 45 U.S.C. § 712(e)

      Pub. L. 95–199 substituted “Reports” for “Annual report” in heading

   2. Redesignated · 45 U.S.C. § 712(e)

      Pub. L. 95–199 redesignated cls. (1) through (7) as cls. (A) through (G) in first par.

   3. Added · 45 U.S.C. § 712(e)

      Pub. L. 95–199 added par. (2)

   Source evidence

   Code amendment note
   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).

   Enacted provision · exact public law section
   Sec. 2. Section 202(e) of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 712(e)) is amended— (1) by striking out “Annual Report.—The” and inserting in lieu thereof “Reports.—The”; (2) by redesignating clauses (1) through (7) thereof as clauses (A) through (G), respectively; and (3) by adding at the end thereof the following new paragraph: Report to Congress and the President. “(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.”.

9. 1979

   Pub. L. 96–73 § 202 · 93 Stat. 537

   Added · 45 U.S.C. § 712(e)(3)

   Pub. L. 96–73, § 202, added par. (3)

   Source evidence

   Code amendment note
   Subsec. (e)(3). Pub. L. 96–73, § 202, added par. (3).

   Enacted provision · exact public law section
   Sec. 202. report on special court proceedings Section 202(e) of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 712(e)) is amended by adding at the end thereof the following new paragraphs: “(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 303 of this Act. Each such report shall include— 45 USC 743. “(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.”.

10. 1979

    Pub. L. 96–73 § 203 · 93 Stat. 537

    Added · 45 U.S.C. § 712(h)(j)

    Pub. L. 96–73, § 203, added subsecs. (h) to (j)

    Source evidence

    Code amendment note
    Subsecs. (h) to (j). Pub. L. 96–73, § 203, added subsecs. (h) to (j).

    Enacted provision · exact public law section
    Sec. 203. transfer of functions; monitoring Section 202 of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 712) is amended by adding at the end thereof the following new subsections: “(h) Transfer of Litigation.— No later than March 1, 1980, the Feasibility study. 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 303 of 45 USC 743. this Act. “(i) 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) 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. “(j) 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.”

11. 1981

    Northeast Rail Service Act of 1981

    Pub. L. 97–35 § 1148(a)(1) · 95 Stat. 357

    Substituted · 45 U.S.C. § 712(a)

    Pub. L. 97–35, § 1148(a)(1), substituted provisions respecting financial performance monitoring, goal review, etc., for provisions respecting plan preparation and implementation, issuance of obligations, etc

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 97–35, § 1148(a)(1), substituted provisions respecting financial performance monitoring, goal review, etc., for provisions respecting plan preparation and implementation, issuance of obligations, etc.

    Enacted provision · exact public law section
    (1) by striking out subsections (a) and (b) and inserting in lieu thereof the following new subsection: “(a) General.— The Association is authorized to— “(1) monitor the financial performance of the Corporation; “(2) review whether the goals and requirements of this Act are met; “(3) purchase or otherwise acquire or receive, and hold and dispose of securities (whether debt or equity) of the Corporation 45 USC 726. Ante, p. 653. under sections 216 and 217 of this Act 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 217 of this Act; and “(5) appoint and fix the compensation of such personnel as the Association considers necessary and appropriate.”; and

    Effective date note
    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.

12. 1981

    Northeast Rail Service Act of 1981

    Pub. L. 97–35 § 1148(a) · 95 Stat. 357

    1. Struck · 45 U.S.C. § 712(b)(j)

       Pub. L. 97–35, § 1148(a), struck out subsec. (b) which related to additional duties of the Association

    2. Redesignated · 45 U.S.C. § 712(b)(j)

       Pub. L. 97–35, § 1148(a), redesignated subsecs. (c) to (j) as (b) to (i), respectively

    Source evidence

    Code amendment note
    Subsecs. (b) to (j). Pub. L. 97–35, § 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.

    Enacted provision · exact public law section
    (a) Section 202 of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 712) is amended— (1) by striking out subsections (a) and (b) and inserting in lieu thereof the following new subsection: “(a) General.— The Association is authorized to— “(1) monitor the financial performance of the Corporation; “(2) review whether the goals and requirements of this Act are met; “(3) purchase or otherwise acquire or receive, and hold and dispose of securities (whether debt or equity) of the Corporation 45 USC 726. Ante, p. 653. under sections 216 and 217 of this Act 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 217 of this Act; and “(5) appoint and fix the compensation of such personnel as the Association considers necessary and appropriate.”; and (2) by redesignating subsections (c) through (j) as subsections (b) through (i), respectively.

    Effective date note
    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.

13. 1983

    Alaska Railroad Transfer Act of 1982

    Pub. L. 97–468 title VI § 605(e) · 96 Stat. 2543

    Added · 45 U.S.C. § 712(a)(11)

    Pub. L. 97–468 added par. (11)

    Source evidence

    Code amendment note
    Subsec. (a)(11). Pub. L. 97–468 added par. (11).

    Enacted provision · exact public law section
    (e) 45 USC 712. Section 202(a) of the Regional Rail Reorganization Act of 1973 is amended— (1) by striking “and” at the end of paragraph (9); (2) by striking the period at the end of paragraph (10) and inserting in lieu thereof “; and”; and (3) by adding at the end thereof the following new paragraph: “(11) determine the value of the Alaska Railroad, as required by section 605 of the Alaska Railroad Transfer Act of 1982.”.

16 of 16 references resolved to an enrolled provision