Skip to content

Title 45 — Railroads

Chapter 16 — Regional Rail Reorganization

§ 727. Additional purchases of Series A preferred stock

Statutory text

(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 , 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 .

(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 .

(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.

Footnotes

  1. 1 See References in Text note below.

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. Regional Rail Reorganization Act of 1973

    Pub. L. 93–236 title II § 217 · 87 Stat. 985

    Enacted · 45 U.S.C. § 727

    Pub. L. 93–236, title II, § 217, as added Pub. L. 97–35, title XI, § 1140(a), Aug. 13, 1981, 95 Stat. 653

    Source evidence

    Code source credit
    Pub. L. 93–236, title II, § 217, as added Pub. L. 97–35, title XI, § 1140(a), Aug. 13, 1981, 95 Stat. 653

  2. Rail Safety and Service Improvement Act of 1982

    Pub. L. 97–468 § 504(c)(1) · 96 Stat. 2543

    Substituted · 45 U.S.C. § 727(a)

    Pub. L. 97–468, § 504(c)(1), substituted “$137,000,000” for “$262,000,000”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 97–468, § 504(c)(1), substituted “$137,000,000” for “$262,000,000”.

    Enacted provision · exact public law section
    (1) Section 217(a) of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 727(a)) is amended by striking “$262,000,000” and inserting in lieu thereof “$137,000,000”.

  3. Rail Safety and Service Improvement Act of 1982

    Pub. L. 97–468 § 504(c)(2) · 96 Stat. 2543

    1. Amended · 45 U.S.C. § 727(f)

      Pub. L. 97–468, § 504(c)(2), designated existing provisions as pars. (1)(A) and (2), in (1)(A) as so designated

    2. Substituted · 45 U.S.C. § 727(f)

      Pub. L. 97–468, § 504(c)(2), substituted $137,000,000 for $262,000,000 as limit of appropriations for purchase of securities and accounts receivable

    3. Added · 45 U.S.C. § 727(f)

      Pub. L. 97–468, § 504(c)(2), added pars. (1)(B) to (D) and (3)

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 97–468, § 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).

    Enacted provision · exact public law section
    (2) 95 Stat. 653. Section 217(0 of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 727(f)) is amended to read as follows: “(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 title IV of this Act; 45 USC 761. “(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; 95 Stat. 652. 45 USC 744a, note. “(C) of which not to exceed $35,000,000 shall be appropriated to the Secretary to be allocated for employee protection under section 106 of the Rock Island Railroad Transition and Employee Assistance Act (45 U.S.C. 1005); 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 216(g)(2) of this Act, upon the date of enactment of any Act which reappropriates 45 USC 726. such amounts.”.

  4. Conrail Privatization Act

    Pub. L. 99–509 § 4033(b)(2) · 100 Stat. 1874

    Substituted · 45 U.S.C. § 727(c)

    Pub. L. 99–509, § 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”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 99–509, § 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”.

    Enacted provision · exact public law section
    (2) Section 217(c) of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 727(c)) is amended by striking “, until the property” and all that follows, and inserting in lieu thereof “applicable to any taxable period commencing before January 1, 1987.”.

  5. Conrail Privatization Act

    Pub. L. 99–509 § 4033(b)(3) · 100 Stat. 1874

    Struck · 45 U.S.C. § 727(e)

    Pub. L. 99–509, § 4033(b)(3), struck out “and shall collect” after “right to collect”

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 99–509, § 4033(b)(3), struck out “and shall collect” after “right to collect”.

    Enacted provision · exact public law section
    (3) Section 217(e) of such Act (45 U.S.C. 727(e)) is amended by striking “and shall collect”.

6 of 7 references resolved to an enrolled provision · 1 partial

Editorial Notes

References in Text

Section 1111 of this title, referred to in subsec. (b)(1), was repealed by Pub. L. 105–134, title IV, § 408, , 111 Stat. 2586.

Subchapter IV of this chapter, referred to in subsec. (f)(1)(A), was repealed by Pub. L. 99–509, title IV, § 4033(a)(1), , 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, , 95 Stat. 652, which is set out as a note under section 744a of this title.

Amendments1983–1986 · 2 rounds

1986

Subsec. (c). Pub. L. 99–509, § 4033(b)(2), substituted “applicable to any taxable period commencing before ” for “, until the property of the Corporation is transferred by the Secretary under subchapter IV of this chapter”.

Subsec. (e). Pub. L. 99–509, § 4033(b)(3), struck out “and shall collect” after “right to collect”.

1983

Subsec. (a). Pub. L. 97–468, § 504(c)(1), substituted “$137,000,000” for “$262,000,000”.

Subsec. (f). Pub. L. 97–468, § 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).

Statutory Notes and Related Subsidiaries

Effective Date

Section effective , see section 1169 of Pub. L. 97–35, set out as a note under section 1101 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 , 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 appropriate, see section 205 of Pub. L. 104–88, set out as a note under section 1301 of Title 49.

Abolition of United States Railway Association and Transfer of Functions and Securities

Credits

1981–1986 · 3 acts
  1. 1981Pub. L. 93–236, title II, § 217, as added Pub. L. 97–35, title XI, § 1140(a), , 95 Stat. 653
  2. 1983amended Pub. L. 97–468, title V, § 504(c), , 96 Stat. 2552
  3. 1986Pub. L. 99–509, title IV, § 4033(b)(2), (3), , 100 Stat. 1908.
Show as published

(Pub. L. 93–236, title II, § 217, as added Pub. L. 97–35, title XI, § 1140(a), , 95 Stat. 653; amended Pub. L. 97–468, title V, § 504(c), , 96 Stat. 2552; Pub. L. 99–509, title IV, § 4033(b)(2), (3), , 100 Stat. 1908.)

Parsed from the official OLRC USLM XML in data/usc_all/usc45.xml · release point 119-108 · OLRC build 2024-06-14

USLM identifier /us/usc/t45/s727