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Title 45 — Railroads

Chapter 16 — Regional Rail Reorganization

§ 743. Valuation and conveyance of rail properties

Statutory text

(a)

Deposit with court

Within 10 days after delivery of a certified copy of a final system plan pursuant to section 719(c) of this title—

(1)

the Corporation, in exchange for the rail properties of the railroads in reorganization in the region and of railroads leased, operated, or controlled by railroads in reorganization in the region to be transferred to the Corporation or any subsidiary thereof, shall deposit with the special court all of the stock and other securities of the Corporation and certificates of value issued by the Association designated in the final system plan to be exchanged for such rail properties;

(2)

each profitable railroad operating in the region and each state or responsible person (including a government entity) purchasing rail properties from a railroad in reorganization in the region, or from a railroad leased, operated, or controlled by a railroad in reorganization in the region, as provided in the final system plan shall deposit with the special court the compensation to be paid for such rail properties.

(b)

Conveyance of rail properties

(1)

The special court shall, within 10 days after deposit under subsection (a) of this section of the securities of the Corporation, certificates of value issued by the Association, and compensation from the profitable railroads operating in the region, States, and responsible persons, order the trustee or trustees of each railroad in reorganization in the region to convey forthwith to the Corporation or any subsidiary thereof, the respective profitable railroads operating in the region, States, and responsible persons all right, title, and interest in the rail properties of such railroad in reorganization and shall itself order the conveyance of all right, title, and interest in the rail properties of any person leased, operated, or controlled by such railroad in reorganization that are to be conveyed to them under the final system plan as certified to such court under section 719(d) of this title. In any case where the special court orders the trustee or trustees of a railroad in reorganization in the region to execute and deliver deeds or other instruments conveying rail properties to the Corporation or a subsidiary thereof or to a profitable railroad operating in the region or a State or responsible person, those deeds or other instruments may be executed, acknowledged, and delivered on behalf of the trustee or trustees by any person or persons who have been duly authorized to perform such acts on behalf of the trustee or trustees by the district court of the United States or any other court having jurisdiction over the respective railroad in reorganization in the region. Notwithstanding any provision of State or local law, in any case where deeds or other instruments have been executed, acknowledged, or delivered by a representative of the trustee or trustees of a railroad in reorganization in the region in accordance with the previous sentence, such execution, acknowledgment, and delivery, and the deeds or other instruments to which they pertain, shall have the same legal effect as they would have had if the trustee or trustees had themselves executed, acknowledged and delivered such deeds or other instruments.

(2)

All rail properties conveyed to the Corporation or any subsidiary thereof the respective profitable railroads operating in the region, States, and responsible persons under this section shall be conveyed free and clear of any liens or encumbrances, but subject to such leases and agreements as shall have previously burdened such properties or bound the owner or operator thereof in pursuance of an arrangement with any State, or local or regional transportation authority under which financial support from such State, or local or regional transportation authority was being provided on , for the continuance of rail passenger service or any lien or encumbrance of no greater than 5 years’ duration which is necessary for the contractual performance by any person of duties related to public health or sanitation. Such conveyances shall not be restrained or enjoined by any court.

(3)
(A)
(i)

Notwithstanding any other provision of this chapter, if an interest in railroad rolling stock is included in the rail properties conveyed pursuant to subsection (b)(1) of this section, and if such conveyance is in accordance with the requirements of clause (ii) of this subparagraph, the conveyance of such properties shall be deemed an assignment. Any such assignment shall relieve the assignor of liability for any breach which occurs after the date of such conveyance, except that such assignor shall remain liable for any breach, event of default, or violation of covenant which occurred (and any charges or obligations which accrued) prior to the date of such conveyance, regardless of whether the assignee thereof assumes such liabilities, charges or obligations. If any such liabilities, charges, or obligations (accrued prior to the date of such conveyance) are paid by or on behalf of any person or entity other than such assignor, such person or entity shall have a claim to direct reimbursement, as a current expense of administration, from such assignor, together with interest on the amount so paid.

(ii)

A conveyance referred to in clause (i) of this subparagraph may be effected only if—

(I)

the Corporation or a subsidiary thereof, the profitable railroad operating in the region, or the State or responsible person to whom such conveyance is made assumes all of the obligations under any applicable conditional sale agreement, equipment trust agreement, or lease with respect to such rolling stock (including any obligations which accrued prior to the date on which such properties are conveyed), and

(II)

such conveyance is made subject to such obligations.

As used in this subparagraph, the term “railroad rolling stock” means assets which could be carried in Interstate Commerce Commission account numbers 52, 53, 54, and 57.

(B)

Subject to the provisions of this paragraph, the provisions of this chapter shall not affect the title and interests of any lessor, equipment trust trustee, or conditional sale vendor under any conditional sale agreement, equipment trust agreement, or lease under section 77(j) of the Bankruptcy Act. A profitable railroad operating in the region, the Corporation or a subsidiary thereof, or a State or responsible person, to whom such a conveyance is made as assignee or as lessee, shall assume all liability under such conditional sale agreement, equipment trust agreement, or lease. Such an assignment or conveyance to, and such an assumption of liability by, such a profitable railroad, Corporation, subsidiary, State, or responsible person shall not be deemed a breach, an event of default, or a violation of any covenant of any such conditional sale agreement, equipment trust agreement, or lease so assigned or conveyed, notwithstanding any provisions of any such agreement or lease.

(4)

Notwithstanding anything to the contrary contained in this chapter, if a railroad in reorganization has leased rail properties from a lessor that is neither a railroad nor controlled by or affiliated with a railroad, and such lease has been approved by the lessee railroad’s reorganization court prior to , conveyance of such lease may only be effected if the Corporation, profitable railroad, State, or responsible person to whom the conveyance is made assumes all future liability under such lease and all of the terms and conditions specified in the lease, including the obligation to pay the specified rent to the non-railroad lessor.

(5)

Notwithstanding any covenant, undertaking, condition, or provision of any sort in any lease, agreement, or contract, the conveyance, transfer, assignment, or other disposition of such lease, agreement, or contract or of any interest therein to, or the assumption by, the Corporation or any subsidiary thereof, or a profitable railroad of obligations thereunder, shall not be deemed a breach, an event of default, or a violation of any covenant of such lease, agreement, or contract.

(6)
(A)

Notwithstanding anything to the contrary contained in this chapter or any other other 1 provision of law, the special court shall include in its order such further directions as may be necessary to assure (i) that the operation and administration of the employee pension benefit plans described in section 775(a) 2 of this title shall be continued, without termination or interruption, by the Corporation until such time as the Corporation elects to amend or terminate any such plan, in whole or in part; and (ii) that appropriate transfers and assignments with respect to all rights and obligations relating to such plans shall be made to the Corporation for such purposes, without prejudice to payment of consideration for whatever rights any railroad in reorganization may have in any residual assets under any such employee pension benefit plan. No court shall enter any judgment against the Corporation with respect to any such rights, except that the special court may enter such a judgment in an order issued by it pursuant to subsection (c) of this section, after taking into consideration the rights and obligations transferred pursuant to this paragraph. All liabilities as an employer shall be imposed solely upon the railroad in reorganization in the event such plan is terminated, in whole or in part, by the Corporation within 1 year after the date of such transfer or assignment (except liabilities as an employer under the Employee Retirement Income Security Act of 1974 [29 U.S.C. 1001 et seq.] for benefits accruing during such period), except that in any case in which the Corporation, on or after the date of transfer or assignment as provided by this paragraph, terminates in whole or in part any such plan, the benefits under which are not guaranteed under title IV of the Employee Retirement Income Security Act of 1974 [29 U.S.C. 1301 et seq.], the Corporation shall guarantee the payment when due of the accrued pension benefits provided for thereunder at the time of termination. The Corporation shall be entitled to a loan pursuant to section 721(h) of this title in an amount required for the adequate funding of accrued pension benefits under all plans transferred or assigned to the Corporation in accordance with this paragraph (whether or not terminated by the Corporation). For purposes of such section 721(h) and notwithstanding any other provision of Federal or State law, amounts required for such adequate funding shall be deemed to be expenses of administration of the respective estates of the railroads in reorganization, due and payable as of the date of transfer or assignment of the plans to the Corporation.

(B)

The Corporation shall, through the purchase of insurance or otherwise, maintain in effect any medical insurance coverage or so much of any life insurance coverage that does not exceed in death benefits an amount equal to twice the employee’s annual salary at the time of retirement or $60,000, whichever is lower, which coverage was maintained by a railroad in reorganization in the region immediately prior to , and which provides insurance benefits to employees who retired, prior to , from service with such a railroad. With respect to any such employee whose medical or life insurance coverage lapsed after , due to nonpayment of premiums, the Corporation shall—

(i)

through the purchase of insurance or otherwise, provide medical insurance benefits or life insurance benefits at the same level as were provided by the employer railroad in reorganization and in effect with respect to such employees immediately prior to , except that the life insurance benefits so provided shall not exceed in death benefits an amount equal to twice the employee’s annual salary at the time of retirement or $60,000, whichever is lower; and

(ii)

assume and pay any claim for such employee (or his personal representative) for any such insurance benefits, if—

(I)

such claim arose during the period beginning , and ending on the date insurance coverage is provided pursuant to clause (i) of this subparagraph;

(II)

such benefits were not paid by an insurer solely because of the lapse of the insurance coverage during such period,

except that such death benefits shall not be paid for any such employee in excess of an amount equal to twice the employee’s annual salary at the time of retirement or $60,000, whichever is lower.

The Corporation shall be entitled to a loan pursuant to section 721(h) of this title in an amount required for the payment of insurance premiums and benefits described in this subparagraph. For purposes of section 721(h)(4)(A)(iii) of this title, amounts required for the payment of such premiums and benefits shall be deemed to be valid administrative claims against the respective estates of the railroads in reorganization, due and payable as of , or, in the case of a railroad in reorganization which is not subject to a bankruptcy proceeding, such amounts shall be deemed to be obligations of such railroad, due and payable as of such date, and shall be reimbursable in accordance with the procedures set forth in paragraphs (4) and (5) of such section 721(h) of this title. As used in this subparagraph, the term “railroad in reorganization” includes any railroad which is controlled by a railroad in reorganization but is not itself subject to a bankruptcy proceeding, if such railroad conveyed substantially all of its rail properties to the Corporation pursuant to paragraph (1) of this subsection and conducted operations over such rail properties prior to the date of such conveyance.

(c)

Findings and distribution

(1)

After the rail properties have been conveyed to the Corporation or any subsidiary thereof, profitable railroads operating in the region, States, and responsible persons under subsection (b) of this section, the special court, giving due consideration to the findings contained in the final system plan, shall decide—

(A)

whether the transfers or conveyances—

(i)

of rail properties of each railroad in reorganization, or of each railroad leased, operated, or controlled by a railroad in reorganization, to the Corporation or any subsidiary thereof in exchange for the certificates of value and the other benefits accruing to such railroad as a result of such exchange (taking into consideration compensable unconstitutional erosion, if any, which the special court finds to have occurred in the estate of each such railroad, during the bankruptcy proceeding with respect to such railroad) as provided in the final system plan and this chapter, and

(ii)

of rail properties of each railroad in reorganization, or of each railroad leased, operated, or controlled by a railroad in reorganization, to a profitable railroad operating in the region in exchange for compensation and other benefits accruing to such transferor as a result of such exchange (taking into consideration compensable unconstitutional erosion, if any, which the special court finds to have occurred in the estate of each such railroad, during the bankruptcy proceeding with respect to such railroad) State, or responsible person in accordance with the final system plan,

are in the public interest and are fair and equitable to the estate of each railroad in reorganization in accordance with the standard of fairness and equity applicable to the approval of a plan of reorganization or a step in such a plan under section 77 of the Bankruptcy Act, or fair and equitable to a railroad that is not itself in reorganization but which is leased, operated, or controlled by a railroad in reorganization;

(B)

whether the transfers or conveyances are more fair and equitable than is required as a constitutional minimum; and

(C)

what portion of the proceeds received by a railroad in reorganization from an entity other than the Corporation or any subsidiary thereof for the sale, lease, or transfer of property subject to an agreement under section 723 or section 725(a)(1) or (2) of this title reflects value attributable to the maintenance or improvement provided pursuant to the agreement.

(2)

If the special court finds that the terms of one or more exchanges for certificates of value and other benefits are not fair and equitable to an estate of a railroad in reorganization, or to a railroad leased, operated, or controlled by a railroad in reorganization (taking into consideration compensable unconstitutional erosion, if any, which the special court finds to have occurred in the estate of each such railroad, during the bankruptcy proceeding with respect to such railroad), which has transferred rail properties pursuant to the final system plan, it may—

(A)

enter a judgment reallocating the certificates of value in a fair and equitable manner if they have not been fairly allocated among the railroads transferring rail properties to the Corporation or any subsidiary thereof, except that one certificate of value shall be allocated to each such railroad; and

(B)

if the lack of fairness and equity cannot be completely cured by a reallocation of the certificates of value, order the Corporation to provide for the transfer to the railroad of certificates of value issued by the Association as designated in the final system plan in such nature and amount as would make the exchange or exchanges fair and equitable; and

(C)

enter a judgment against the Corporation if the judgment would not endanger the viability or solvency of the Corporation.

(3)

If the special court finds that the terms of one or more conveyances of rail properties to a profitable railroad operating in the region, State, or responsible person in accordance with the final system plan are not fair and equitable, it shall enter a judgment against such profitable railroad, State, or responsible person. If the special court finds that the terms of one or more conveyances or exchanges for certificates of value or other benefits are fairer and more equitable than is required as a constitutional minimum, then it shall order the return of any excess certificates of value, or compensation to the Corporation or a profitable railroad, State, or responsible person so as not to exceed the constitutional minimum standard of fairness and equity. The special court shall also find the amount of the payments, if any, which each profitable railroad has made on behalf of a transferor railroad in reorganization in accordance with section 721(h) of this title, for which payment the profitable railroad has not been reimbursed, as provided in section 721(h) of this title. Notwithstanding any other provision of this paragraph or of paragraph (4), the special court shall order the return to any such profitable railroad from compensation deposited by such profitable railroad pursuant to subsection (a)(2) of this section, of any such amount so found together with interest at the rate provided in section 721(h) of this title. In making any finding under this paragraph, the special court shall take into consideration compensable unconstitutional erosion, if any, which it finds to have occurred in the estate of a railroad in reorganization in the region, or of a railroad leased, operated, or controlled by such a railroad, during the bankruptcy proceeding with respect to such railroad.

(4)

Upon making the findings referred to in this subsection, the special court shall order distribution of the certificates of value and compensation deposited with it under subsection (a) of this section to the trustee or trustees of each railroad in reorganization in the region and to persons leased, operated, or controlled by such railroads who so transferred or conveyed rail properties who conveyed right, title, and interest in rail properties to the Corporation and the respective profitable railroads, States, and responsible persons under such subsection.

(5)

Whenever the special court, pursuant to subsection (b)(1) of this section, orders the transfer or conveyance of rail properties—

(A)

designated under section 716(c)(1)(C) or (D) of this title, to the Corporation or any subsidiary thereof, the United States shall indemnify the Corporation against any costs or liabilities imposed on the Corporation as the result of any judgment entered against the Corporation, with respect to such properties, under paragraph (2) of this subsection; and

(B)

to the National Railroad Passenger Corporation, a profitable railroad operating in the region, a State, or any other responsible person (including a governmental entity), the United States shall indemnify such Corporation, railroad, State, or person against any costs or liabilities imposed thereon as the result of any judgment entered against such Corporation, railroad, State, or person under paragraph (3) of this subsection;

plus interest on the amount of such judgment at such rate as is constitutionally required. The United States may, in its discretion, represent the Corporation or the National Railroad Passenger Corporation, such profitable railroad, State or responsible person, in any proceedings before the special court that could result in such a judgment against the Corporation under paragraph (2) of this subsection or against the National Railroad Passenger Corporation, such profitable railroad, State or responsible person, under paragraph (3) of this subsection. The Corporation, the National Railroad Passenger Corporation, any profitable railroad, State, or responsible person, which is represented by the United States of America shall cooperate diligently in whatever manner the United States shall reasonably request of it in connection with such proceedings. Neither the Corporation, or its subsidiaries, nor the National Railroad Passenger Corporation, any profitable railroad, State or responsible person, shall be obligated to reimburse the United States for any moneys paid by the United States pursuant to this section.

(6)

Whenever the Corporation exercises an option to acquire, or acquires, interests in rail marine freight floating equipment pursuant to the recommendations of the final system plan, and the Corporation thereafter makes such floating equipment available to a profitable railroad operating in the region, a State, or a responsible person including 3 a government entity), the United States shall indemnify—

(A)

the Corporation against any costs or liabilities imposed on the Corporation as the result of any judgment entered against it, with respect to such equipment, under paragraph (2) of this subsection; and

(B)

such profitable railroad, State, or responsible person against any costs or liabilities imposed thereon as the result of any judgment entered against such profitable railroads, State, or responsible person under paragraph (3) of this subsection,

plus interest on the amount of such judgment at such rate as is constitutionally required.

(d)

Appeal

An order or judgment entered by the United States District Court for the District of Columbia pursuant to subsection (c) of this section or section 746 of this title shall be reviewable in accordance with sections 1291, 1292, and 1294 of title 28.

(e)

Transfer and other taxes and recording fees

All transfers or conveyances of rail properties (whether real, personal, or mixed) which are made under this chapter (including transfers and conveyances which are made in accordance with a supplemental transaction pursuant to section 745 of this title or which are made at any time to carry out the purposes of section 791(d) of this title) shall be exempt from any taxes, imposts, or levies now or hereafter imposed, by the United States or by any State or any political subdivision of a State, on or in connection with such transfers or conveyances or on the recording of deeds, bills of sale, liens, encumbrances, or other instruments evidencing, effectuating, or incident to any such transfers or conveyances, whether imposed on the transferor or on the transferee. Such transferors and transferees shall be entitled to record any such deeds, bills of sale, liens, encumbrances, or other instruments and, consistent with the designations and applicable principles in the final system plan, to record the release or removal of any pre-existing liens or encumbrances of record with respect to properties so transferred or conveyed, upon payment of any appropriate and generally applicable charges to compensate for the cost of the service performed.

Footnotes

  1. 1 So in original.
  2. 2 See References in Text note below.
  3. 3 So in original. Probably should be “(including”.

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 III § 303 · 87 Stat. 985

    Enacted · 45 U.S.C. § 743

    Pub. L. 93–236, title III, § 303, Jan. 2, 1974, 87 Stat. 1005

    Source evidence

    Code source credit
    Pub. L. 93–236, title III, § 303, Jan. 2, 1974, 87 Stat. 1005

    Enacted provision · exact public law section
    Sec. 303. valuation and conveyance of rail properties (a) Deposit Wit ft Court.— Within 10 days after delivery of a certified copy of a final system plan pursuant to section 209(c) of this Act— (1) the Corporation, in exchange for the rail properties of the railroads in reorganization in the region and of railroads leased, operated, or controlled by railroads in reorganization in the region to be transferred to the Corporation, shall deposit with the special court all of the stock and other securities of the Corporation and obligations of the Association designated in the final system plan to be exchanged for such rail properties; (2) each profitable railroad operating in the region purchasing rail properties from a railroad in reorganization in the region, or from a railroad leased, operated, or controlled by a railroad in reorganization in the region, as provided in the final system plan shall deposit with the special court the compensation to be paid for such rail properties. (b) Conveyance of Rail Properties.— (1) The special court shall, within 10 days after deposit under subsection (a) of this section of the securities of the Corporation, obligations of the Association, and compensation from the profitable railroads operating in the region, order the trustee or trustees of each railroad in reorganization in the region to convey forthwith to the Corporation and the respective profitable railroads operating in the region, all right, title, and interest in the rail properties of such railroad in reorganization and shall itself order the conveyance of all right, title, and interest in the rail properties of any railroad leased, operated, or controlled by such railroad in reorganization that are to be conveyed to them under the final system plan as certified to such court under section 209(d) of this Act. (2) All rail properties conveyed to the Corporation and the respective profitable railroads operating in the region under this section shall be conveyed free and clear of any liens or encumbrances, but subject to such leases and agreements as shall have previously burdened such properties or bound the owner or operator thereof in pursuance of an arrangement with any State, or local or regional transportation authority under which financial support from such State, or local or regional transportation authority was being provided at the time of enactment of this Act for the continuance of rail passenger service or any lien or encumbrance of no greater than 5 years’ duration which is necessary for the contractual performance by any person of duties related to public, health or sanitation. Such conveyances shall not be restrained or enjoined by any court. (3) Notwithstanding anything to the contrary contained in this Act, if railroad rolling stock is included in the rail properties to be conveyed, such conveyance may only be effected if the profitable railroad operating in the region or the Corporation to whom the conveyance is made assumes all of the obligations under any conditional sale agreement, equipment trust agreement, or lease in respect to such rolling stock and such conveyance is made subject thereto; and the provisions of this Act shall not affect the, title and interests of any lessor, equipment trust trustee, or conditional sale vendee or assignee under such conditional sale agreement, equipment trust agreement or lease under 49 Stat. 911. section 77(j) of the Bankruptcy Act (11 U.S.C. 205(j)). (4) Notwithstanding anything to the contrary contained in this Act, if a railroad in reorganization has leased rail properties from a lessor that is neither a railroad nor controlled by or affiliated with a railroad, and such lease has been approved by the lessee railroad’s reorganization court prior to the date of enactment of this Act, conveyance of such lease may only be effected if the Corporation or the profitable railroad to whom the conveyance is made assumes all of the terms and conditions specified in the lease, including the obligation to pay the specified rent to the non-rail road lessor. (c) Findings and Distribution.— (1) After the rail properties have been conveyed to the. Corporation and profitable railroads operating in the region under subsection (b) of this section, the special court, giving due consideration to the findings contained in the final system plan, shall decide— (A) whether the transfers or conveyances— (i) of rail properties of each railroad in reorganization, or of each railroad leased, operated, or controlled by a railroad in reorganization, to the Corporation in exchange for the securities and the other benefits accruing to such rail-road as a result of such exchange, as provided in the final system plan and this Act, and (ii) of rail properties of each railroad in reorganization, or of each railroad leased, operated, or controlled by a railroad in reorganization, to a profitable railroad operating in the region, in accordance with the final system plan. are in the public interest and are fair and Equitable to the estate of each railroad in reorganization in accordance with the standard of fairness and equity applicable to the approval of a plan of reorganization or a step in such a plan under section 77 of the Bankruptcy Act (11 U.S.C. 205), or fair and equitable to a railroad 49 Stat. 911; 76 Stat. 572. that is not itself in reorganization but which is leased, operated, or controlled by a railroad in reorganization; and (B) whether the transfers or conveyances are more fair and equitable than is required as a constitutional minimum. (2) If the special court finds that the terms of one or more exchanges for securities and other benefits are not fair and equitable to an estate of a railroad in reorganization, or to a railroad eased, operated, or controlled by a railroad in reorganization, which has transferred rail properties pursuant to the final system plan, it shall— (A) enter a judgment reallocating the securities of the Corporation in a fair and equitable manner if it has not been fairly allocated among the railroads transferring rail properties to the Corporation; and (B) if the lack of fairness and equity cannot be completely cured by a reallocation of the Corporation’s securities, order the Corporation to provide for the transfer to the railroad of other securities of the Corporation or obligations of the Association as designated in the final system plan in such nature and amount as would make the exchange or exchanges fair and equitable; and (C) if the lack of fairness and equity cannot be completely cured by reallocation of the Corporation’s securities or by providing for the transfer of other securities of the Corporation or obligations of the Association as designated in the final system plan, enter a judgment against the Corporation. (3) If the special court finds that the terms of one or more conveyances of rail properties to a profitable railroad operating in the region in accordance with the final system plan are not fair and equitable, it shall enter a judgment against such profitable railroad. If the special court finds that the terms of one or more conveyances or exchanges for securities or other benefits are fairer and more equitable than is required as a constitutional minimum, then it shall order the return of any excess securities, obligations, or compensation to the Corporation or a profitable railroad so as not to exceed the constitutional minimum standard of fairness and equity. (4) Upon making the findings referred to in this subsection, the special court shall order distribution of the securities, obligations, and compensation deposited with it under subsection (b) of this section to the trustee or trustees of each railroad in reorganization in the region who conveyed right, title, and interest in rail properties to the Corporation and the respective profitable railroads under such subsection. (d) Appeal.— A finding or determination entered pursuant to subsection (c) of this section may he appealed directly to the Supreme Court of the United States in the same manner that an injunction order may be appealed under section 1253 of title 28, United States Code: Provided, That such appeal is exclusive and shall be filed in the 62 Stat. 928. Supreme Court not more than 5 days after such finding or determination is entered by the special court. The Supreme Court shall dismiss any such appeal within 7 days after the entry of such an appeal if it determines that such an appeal would not he in the interest of an expeditious conclusion of the proceedings and shall grant the highest priority to tile determination of any such appeals which it determines not to dismiss.

  2. Regional Rail Reorganization Act Amendments of 1975

    Pub. L. 94–5 § 8 · 89 Stat. 7

    Added · 45 U.S.C. § 743(c)(1)(C)

    Pub. L. 94–5 added subpar. (C)

    Source evidence

    Code amendment note
    Subsec. (c)(1)(C). Pub. L. 94–5 added subpar. (C).

    Enacted provision · exact public law section
    Sec. 8. Section 303(c)(1) of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 745(c)(1)) is amended by striking out the last word of paragraph (A), by striking out the period at the end of paragraph (B) and inserting “; and” in lieu thereof, and by inserting after paragraph (B) the following new paragraph: “(C) what portion of the proceeds received by a railroad in reorganization from an entity other than the Corporation for the sale, lease, or transfer of property subject to an agreement under section 213 or section 215 (a)(1) or (2) of this Act reflects Ante, p. 8. value attributable to the maintenance or improvement provided pursuant to the agreement.”.

  3. Railroad Revitalization and Regulatory Reform Act of 1976

    Pub. L. 94–210 § 612(c)(1) · 90 Stat. 31

    1. Inserted · 45 U.S.C. § 743(a)(1)

      Pub. L. 94–210, § 612(c)(1), (i), inserted “or any subsidiary thereof” before “, shall deposit”

    2. Substituted · 45 U.S.C. § 743(a)(1)

      Pub. L. 94–210, § 612(c)(1), (i), substituted “certificates of value issued by” for “obligations of”

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 94–210, § 612(c)(1), (i), inserted “or any subsidiary thereof” before “, shall deposit”, and substituted “certificates of value issued by” for “obligations of”.

    Enacted provision · exact public law section
    (1) Section 303(a) (11 of such Act (45 U.S.C. 743(a)(1)) is amended by inserting after “Corporation”, the second time it appears “or any subsidiary thereof”.

  4. Railroad Revitalization and Regulatory Reform Act of 1976

    Pub. L. 94–210 § 612(d)(1) · 90 Stat. 31

    Inserted · 45 U.S.C. § 743(a)(2)

    Pub. L. 94–210, § 612(d)(1), inserted reference to each State or responsible person (including a governmental entity)

    Source evidence

    Code amendment note
    Subsec. (a)(2). Pub. L. 94–210, § 612(d)(1), inserted reference to each State or responsible person (including a governmental entity).

    Enacted provision · exact public law section
    (1) Section 303(a)(2) of such Act (45 U.S.C. 743(a)(2)) is amended by inserting after “region” the first time it appears “and each State or responsible person (including a government entity)”.

  5. Railroad Revitalization and Regulatory Reform Act of 1976

    Pub. L. 94–210 § 612(c)(2) · 90 Stat. 31

    1. Inserted · 45 U.S.C. § 743(b)(1)

      Pub. L. 94–210, § 612(c)(2), (d)(2), (i), (o), (p), inserted “or any subsidiary thereof” after “to the Corporation”, “States, and responsible persons” before “order the trustee”, and provisions relating to orders of the trustee or trustees to execute and deliver deeds or other instruments conveying rail properties

    2. Substituted · 45 U.S.C. § 743(b)(1)

      Pub. L. 94–210, § 612(c)(2), (d)(2), (i), (o), (p), substituted “person leased” for “railroad leased”

    3. Substituted · 45 U.S.C. § 743(b)(1)

      Pub. L. 94–210, § 612(c)(2), (d)(2), (i), (o), (p), substituted “, the respective profitable railroads operating in the region, States, and responsible persons” for “and the respective profitable railroads operating in the region”

    4. Substituted · 45 U.S.C. § 743(b)(1)

      Pub. L. 94–210, § 612(c)(2), (d)(2), (i), (o), (p), substituted “certificates of value issued by” for “obligations of”

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 94–210, § 612(c)(2), (d)(2), (i), (o), (p), inserted “or any subsidiary thereof” after “to the Corporation”, “States, and responsible persons” before “order the trustee”, and provisions relating to orders of the trustee or trustees to execute and deliver deeds or other instruments conveying rail properties, and substituted “person leased” for “railroad leased”, “, the respective profitable railroads operating in the region, States, and responsible persons” for “and the respective profitable railroads operating in the region”, and “certificates of value issued by” for “obligations of”.

    Enacted provision · exact public law section
    (2) Paragraphs (1) and (2) of section 303(b) of such Act (45 U.S.C. 743(b) (1) and (2)) are amended by inserting after “Corporation” each time it appears therein (except the first time) “or any subsidiary thereof”.

  6. Railroad Revitalization and Regulatory Reform Act of 1976

    Pub. L. 94–210 § 612(c)(2) · 90 Stat. 31

    Inserted · 45 U.S.C. § 743(b)(2)

    Pub. L. 94–210, § 612(c)(2), (d)(3), inserted “or any subsidiary thereof” after “Corporation” and reference to States and responsible persons

    Source evidence

    Code amendment note
    Subsec. (b)(2). Pub. L. 94–210, § 612(c)(2), (d)(3), inserted “or any subsidiary thereof” after “Corporation” and reference to States and responsible persons.

    Enacted provision · exact public law section
    (2) Paragraphs (1) and (2) of section 303(b) of such Act (45 U.S.C. 743(b) (1) and (2)) are amended by inserting after “Corporation” each time it appears therein (except the first time) “or any subsidiary thereof”.

  7. Railroad Revitalization and Regulatory Reform Act of 1976

    Pub. L. 94–210 § 612(a) · 90 Stat. 31

    1. Redesignated · 45 U.S.C. § 743(b)(3)

      Pub. L. 94–210, § 612(a), redesignated existing provisions as subpar. (A)(ii), made changes in phraseology

    2. Inserted · 45 U.S.C. § 743(b)(3)

      Pub. L. 94–210, § 612(a), inserted definition of “railroad rolling stock”

    3. Struck · 45 U.S.C. § 743(b)(3)

      Pub. L. 94–210, § 612(a), struck out provisions relating to affect of chapter on title and interests of any lessor, etc.

    4. Added · 45 U.S.C. § 743(b)(3)

      Pub. L. 94–210, § 612(a), added subpar. (A)(i) and (B)

    Source evidence

    Code amendment note
    Subsec. (b)(3). Pub. L. 94–210, § 612(a), redesignated existing provisions as subpar. (A)(ii), made changes in phraseology, inserted definition of “railroad rolling stock” and struck out provisions relating to affect of chapter on title and interests of any lessor, etc., and added subpar. (A)(i) and (B).

    Enacted provision · exact public law section
    (a) Section 303(b) (3) of such Act (45 U.S.C. 743(b) (3)) is amended to read as follows: “(3) (A) (i) Notwithstanding any other provision of this Act, if Railroad rolling stock, conveyance. an interest in railroad rolling stock is included in the rail properties conveyed pursuant to subsection (b) (1) of this section, and if such conveyance is in accordance with the requirements of clause (ii) of this subparagraph, the conveyance of sucn properties shall be deemed an assignment. Any such assignment shall relieve the assignor of liability for any breach which occurs after the date of such conveyance, except that such assignor shall remain liable for any breach, event of default, or violation of covenant which occurred (and any charges or obligations which accrued) prior to the date of such conveyance, regardless of whether the assignee thereof assumes such liabilities, charges or obligations. If any such liabilities, charges, or obligations (accrued prior to the date of such conveyance) are paid by or on behalf of any person or entity other than such assignor, such person or entity shall have a claim to direct reimbursement, as a current expense of administration, from such assignor, together with interest on the amount so paid. “(ii) A conveyance referred to in clause (i) of this subparagraph may be effected only if— “(I) the Corporation or a subsidiary thereof, the profitable railroad operating in the region, or the State or responsible person to whom such conveyance is made assumes all of the obligations under any applicable conditional sale agreement, equipment trust agreement, or lease with respect to such rolling stock (including any obligations which accrued prior to the date on which such properties are conveyed), and “(II) such conveyance is made subject to such obligations. As used in this subparagraph, the term ‘railroad rolling stock’ means “Railroad rolling stock.” assets which could be carried in Interstate Commerce Commission account numbers 52, 53, 54, and 57. “(B) Subject to the provisions of this paragraph, the provisions of this Act snail not affect the title and interests of any lessor, equipment trust trustee, or conditional sale vendor under any conditional sale agreement, equipment trust agreement, or lease under section 77(j) of the Bankruptcy Act (11 U.S.C. 205(j)). A profitable railroad operating in the region, the Corporation or a subsidiary thereof, or a State or responsible person, to whom such a conveyance is made as assignee or as lessee; shall assume all liability under such conditional sale agreement, equipment trust agreement, or lease. Such an assignment or conveyance to, and such an assumption of liability by, such a profitable railroad, Corporation, subsidiary, State, or responsible person shall not be deemed a breach, an event of default, or a violation of any covenant of any such conditional sale agreement, equipment trust agreement, or lease so assigned or conveyed, notwithstanding any provisions of any such agreement or lease.”.

  8. Railroad Revitalization and Regulatory Reform Act of 1976

    Pub. L. 94–210 § 612(d)(4) · 90 Stat. 31

    1. Inserted · 45 U.S.C. § 743(b)(4)

      Pub. L. 94–210, § 612(d)(4), (k), inserted “all future liability under such lease and” after “is made assumes”

    2. Substituted · 45 U.S.C. § 743(b)(4)

      Pub. L. 94–210, § 612(d)(4), (k), substituted “, profitable railroad, State, or responsible person” for “or the profitable railroad”

    Source evidence

    Code amendment note
    Subsec. (b)(4). Pub. L. 94–210, § 612(d)(4), (k), inserted “all future liability under such lease and” after “is made assumes”, and substituted “, profitable railroad, State, or responsible person” for “or the profitable railroad”.

    Enacted provision · exact public law section
    (4) Paragraph (4) of section 303(b) of such Act (45 U.S.C. 743 (b) (4) J is amended by striking “or the profitable railroad” and inserting in lieu thereof “, profitable railroad, State, or responsible person”.

  9. Railroad Revitalization and Regulatory Reform Act of 1976

    Pub. L. 94–210 § 612 · 90 Stat. 31

    Added · 45 U.S.C. § 743(b)(5); 45 U.S.C. § 743(b)(6)

    Pub. L. 94–210, § 612(l), added pars. (5) and (6)

    Source evidence

    Code amendment note
    Subsec. (b)(5), (6). Pub. L. 94–210, § 612(l), added pars. (5) and (6).

    Enacted provision · exact public law section
    Sec. 612. miscellaneous amendments to title iii (a) Section 303(b) (3) of such Act (45 U.S.C. 743(b) (3)) is amended to read as follows: “(3) (A) (i) Notwithstanding any other provision of this Act, if Railroad rolling stock, conveyance. an interest in railroad rolling stock is included in the rail properties conveyed pursuant to subsection (b) (1) of this section, and if such conveyance is in accordance with the requirements of clause (ii) of this subparagraph, the conveyance of sucn properties shall be deemed an assignment. Any such assignment shall relieve the assignor of liability for any breach which occurs after the date of such conveyance, except that such assignor shall remain liable for any breach, event of default, or violation of covenant which occurred (and any charges or obligations which accrued) prior to the date of such conveyance, regardless of whether the assignee thereof assumes such liabilities, charges or obligations. If any such liabilities, charges, or obligations (accrued prior to the date of such conveyance) are paid by or on behalf of any person or entity other than such assignor, such person or entity shall have a claim to direct reimbursement, as a current expense of administration, from such assignor, together with interest on the amount so paid. “(ii) A conveyance referred to in clause (i) of this subparagraph may be effected only if— “(I) the Corporation or a subsidiary thereof, the profitable railroad operating in the region, or the State or responsible person to whom such conveyance is made assumes all of the obligations under any applicable conditional sale agreement, equipment trust agreement, or lease with respect to such rolling stock (including any obligations which accrued prior to the date on which such properties are conveyed), and “(II) such conveyance is made subject to such obligations. As used in this subparagraph, the term ‘railroad rolling stock’ means “Railroad rolling stock.” assets which could be carried in Interstate Commerce Commission account numbers 52, 53, 54, and 57. “(B) Subject to the provisions of this paragraph, the provisions of this Act snail not affect the title and interests of any lessor, equipment trust trustee, or conditional sale vendor under any conditional sale agreement, equipment trust agreement, or lease under section 77(j) of the Bankruptcy Act (11 U.S.C. 205(j)). A profitable railroad operating in the region, the Corporation or a subsidiary thereof, or a State or responsible person, to whom such a conveyance is made as assignee or as lessee; shall assume all liability under such conditional sale agreement, equipment trust agreement, or lease. Such an assignment or conveyance to, and such an assumption of liability by, such a profitable railroad, Corporation, subsidiary, State, or responsible person shall not be deemed a breach, an event of default, or a violation of any covenant of any such conditional sale agreement, equipment trust agreement, or lease so assigned or conveyed, notwithstanding any provisions of any such agreement or lease.”. (b) Section 201 of the Government Corporation Control Act (31 U.S.C. 856) is amended by (1) inserting “and” after the comma at the end of subsection (7) thereof; and (2) deleting “, and (9) the Consolidated Rail Corporation to the extent provided in the Regional 45 USC 701 note. Rail Reorganization Act of 1973.” and inserting in lieu thereof “.”. (c) (1) Section 303(a) (11 of such Act (45 U.S.C. 743(a)(1)) is amended by inserting after “Corporation”, the second time it appears “or any subsidiary thereof”. (2) Paragraphs (1) and (2) of section 303(b) of such Act (45 U.S.C. 743(b) (1) and (2)) are amended by inserting after “Corporation” each time it appears therein (except the first time) “or any subsidiary thereof”. (3) Section 303(c)(1) of such Act (45 U.S.C. 743(c)(1)) is amended by inserting after “Corporation” each time it appears “or any subsidiary thereof”. (4) Paragraph (2) (A) of section 303(c) of such Act (45 U.S.C. 743(c) (2) (A)) is amended by striking “Corporation” the second time it appears and inserting in lieu thereof “Corporation or any subsidiary thereof ”. (d) (1) Section 303(a)(2) of such Act (45 U.S.C. 743(a)(2)) is amended by inserting after “region” the first time it appears “and each State or responsible person (including a government entity)”. (2) Section 303(b)(1) of such Act (45 U.S.C. 743(b)(1)) is amended (A) by inserting immediately after “region” the first place it appears the following: “, States, and responsible persons”, and (B) by striking out “and the respective profitable railroads operating in the region” and inserting in lieu thereof “, the respective profitable railroads operating in the region, States, and responsible persons”. (3) Section 303(b)(2) of such Act (45 U.S.C. 743(b)(2)) is amended by striking out “and the respective profitable railroads operating in the region” and inserting in lieu thereof “, the respective profitable railroads operating in the region, States, and responsible persons”. (4) Paragraph (4) of section 303(b) of such Act (45 U.S.C. 743 (b) (4) J is amended by striking “or the profitable railroad” and inserting in lieu thereof “, profitable railroad, State, or responsible person”. (5) Section 303(c) of such Act (45 U.S.C. 743(c)) is amended by striking “and profitable railroads operating in the region” and inserting in lieu thereof “, profitable railroads operating in the region, States, and responsible persons”. (6) Paragraph (1) (A) (ii) of section 303 (c) of such Act (45U.S.C. 743(c) (1) (A) (ii)) is amended by inserting “State, or responsible person” after “region,”. (7) Paragraph (3) of section 303(c) of such Act (45 U.S.C. 743(c) (3)) is amended by inserting “, State, or responsible person” after “region” and by inserting after “railroad” each time it appears therein (except the first time) “, State, or responsible person”. (8) Paragraph (4) of section 303(c) of such Act (45 U.S.C. 743(c) (4)) is amended by inserting “, States, and responsible persons” after “railroads”. (e) Section 303(c)(2) of such Act (45 U.S.C. 743(c)(2)) is amended by (1) striking out “shall” in the clause preceding subparagraph (A) thereof and inserting “may” in lieu thereof; (2) striking out the semicolon at the end of subparagraph (A) thereof and inserting in lieu thereof “, except that at least one share of series B preferred stock and one certificate of value shall be allocated to each such railroad;”; and (3) amending subparagraph (C) thereof to read as follows: “(C) enter a judgment against the Corporation if the judgment would not endanger the viability or solvency of the Corporation.”. (f) Section 303(c) of such Act (45 U.S.C. 743(c)) is amended by adding at the end thereof the following new paragraph: “(5) Whenever the special court orders, pursuant to section 303(b) (1) of this title, the transfer or conveyance to the Corporation or any subsidiary thereof of rail properties designated under section 206 (c)(1) (C) or (D) of this Act, to the National Railroad Passenger 45 USC 716. Corporation, to a profitable railroad, or to a State, or responsible person (including a government entity), the United States shall pay any judgment entered against the Corporation with respect to the conveyance of any such rail properties or against the National Railroad Passenger Corporation, such profitable railroad, State, or responsible person, plus interest thereon at such rate as is constitutionally required. The United States may, in its discretion, represent the Corporation or the National Railroad Passenger Corporation, such profitable railroad, State or responsible person, in any proceedings before the special court that could result in such a judgment against the Corporation under paragraph (2) of this subsection or against the National Railroad Passenger Corporation, such profitable railroad, State or responsible person, under paragraph (3) of this subsection. The Corporation, the National Railroad Passenger Corporation, any profitable railroad, State, or responsible person, which is represented by the United States of America shall cooperate diligently in whatever manner the United States shall reasonably request of it in connection with such proceedings. Neither the Corporation, or its subsidiaries, nor the National Railroad Passenger Corporation, any profitable railroad, State or responsible person, shall be obligated to reimburse the United States for any moneys paid by the United States pursuant to this section.”. (g) Section 303(d) of such Act (45 U.S.C. 743(d)) is amended by (1) striking out “5” and inserting in lieu thereof “20”. (h) Section 303(c)(4) of such Act (45 U.S.C. 743(c)(4)) is amended by (1) striking out “subsection (b)” and inserting in lieu thereof “subsection (a)”; and (2) inserting after “region” the following: “and to persons leased, operated, or controlled by such railroads who so transferred or conveyed rail properties”. (i) Section 303 of such Act (45 U.S.C. 743) is amended by (1) adding “, certificates of value” after “securities” in subsection (c)(1) (A) (i) thereof, in the preamble of subsection (c) (2) and in subsection (c)(2) thereof, and in subsection (c)(3) thereof; (2) adding “and certificates of value” after “of the Corporation” in subsection (c) (2) (A) thereof and after “Corporation’s securities” in subsection (c) (2) (B) thereof; (3) striking out “obligations of the Association” each place the phrase appears and inserting in lieu thereof “certificates of value issued by the Association”; and (4) striking out “obligations” each place it appears other than as part of such phrase and inserting in lieu thereof “certificates of value”. (j) (1) Section 301(a) of such Act (45 U.S.C. 741(a)) is amended by inserting immediately after “Corporation” the following: “or such other corporate name as may be duly adopted by the Corporation”. (2) Section 201 (k) of such Act (45 U.S.C. 711 (k)), as redesignated by section 603(a) of this Act, is amended (A) by striking out “these provisions” in the third sentence thereof and inserting in lieu thereof “this provision”; (B) by striking out “or the Corporation” each place it appears in the third and fourth sentences thereof; and (C) by striking out the second sentence thereof. (3) Section 301(b) of such Act (45 U.S.C. 741(b)) is amended in the third sentence thereof by inserting immediately after “of the Corporation” the following: “or of its principal railroad operating subsidiary”. (k) Section 303(b)(4) of such Act (45 U.S.C. 743(b)(4)) is amended by inserting immediately after “is made assumes” the following: “all future liability under such lease and”. (l) Section 303(b) of such Act (45 U.S.C. 743(b)) is amended by inserting at the end thereof the following two new paragraphs: “(5) Notwithstanding any covenant, undertaking, condition, or provision of any sort in any lease, agreement, or contract, the conveyance, transfer, assignment, or other disposition of such lease, agreement, or contract or of any interest therein to, or the assumption by, the Corporation or any subsidiary thereof, or a profitable railroad of obligations thereunder, shall not be deemed a breach, an event of default, or a violation of any covenant of such lease, agreement, or contract. “(6) Notwithstanding anything to the contrary contained in this Act or any other provision of law, the special court shall include in its order such further directions as may be necessary to assure (A) that the operation and administration of the employee pension benefit plans 45 USC 775. described in section 505(a) of this Act shall be continued, without termination or interruption, by the Corporation until such time as the Corporation elects to amend or terminate any such plan, in whole or in part; and (B) that appropriate transfers and assignments with respect to all rights and obligations relating to such plans shall be made to the Corporation for such purposes, without prejudice to payment of consideration for whatever rights any railroad in reorganization may have in any residual assets under any such employee pension benefit plan. No court shall enter any judgment against the Corporation with respect to any such rights, except that the special court may enter such a judgment in an order issued by it pursuant to subsection (c) of this section, after taking into consideration the rights and obligations transferred pursuant to this paragraph. All liabilities as an employer shall be imposed solely upon the railroad in reorganization in the event such plan is terminated, in whole or in part, by the Corporation within 1 year after the date of such transfer or assignment (except liabilities as an employer under the Employee Retirement Income 29 USC 1001 note. Security Act of 1974 for benefits accruing during such period).”. (m) Section 301 of such Act (45 U.S.C. 741) is amended by adding at the end thereof the following two new subsections: “(h) Liability of Bisectors.— No director of the Corporation shall be liable, for money damages or otherwise, to any party by reason of the fact that such person is or was a director, if, with respect to the subject matter of the action, suit, or proceeding, such person was fulfilling a duty which he in good faith reasonably believed to lie required by law or vested in him in his capacity as a director of the Corporation or as an officer of the United States. The United States shall indemnify such person against all judgments, amounts paid in settlement, and costs and expenses (including fees of accountants, experts, and attorneys), actually and reasonably incurred in connection with any such action, suit, or proceeding in which such person is determined to have met such standard of conduct. This subsection shall not be construed to grant any immunity from any criminal law of the United States. “(i) Corporate Simplification.— In the interest of corporate simplification, the Corporation, in implementing the final system plan, shall undertake, as soon as possible and pursuant to financial assistance provided by the Railroad Revitalization and Regulatory Reform Act of 1976, to acquire all interests in rail lines and related rail properties Ante, p. 31. otherwise conveyed to the Corporation, upon the tender of such interests to it, so as to eliminate any remaining intermediate layers of ownership or interest, such as leaseholds, owned or held by persons who are neither a railroad, a railroad in reorganization, nor controlled by a railroad in reorganization. Any option conditions regarding the purchase price for such interests, in existence since prior to January 2, 1974, shall be deemed to be conclusive of fair and equitable value.”. (n) Section 303(c)(3) of such Act (45 U.S.C. 743(c)(3)) is amended by adding at the end thereof the following: “The special court shall also find the amount of the payments, if any, which each profitable railroad has made on behalf of a transferor railroad in reorganization in accordance with section 211 (h) of this Act, for which Ante, p. 92. payment the profitable railroad has not been reimbursed, as provided in section 211(h). Notwithstanding any other provision of this paragraph or of paragraph (4), the special court shall order the return to any such profitable railroad from compensation deposited by such profitable railroad pursuant to section 303(a) (2), of any such amount so found together with interest at the rate provided in section 211 (h).”. (o) Section 303(b) (11 of such Act (45 U.S.C. 743(b)(1)) is amended by striking out “railroad leased” and inserting in lieu thereof “person leased”. (p) Section 303(b)(1) of such Act (45 U.S.C. 743(b)(1)) is amended by adding at the end thereof the following: “In any case where the special court orders the trustee or trustees of a railroad in reorganization in the region to execute and deliver deeds or other instruments conveying rail properties to the Corporation or a subsidiary thereof or to a profitable railroad operating in the region or a State or responsible person, those deeds or other instruments may be executed, acknowledged, and delivered on behalf of the trustee or trustees by any person or persons who have been duly authorized to perform such acts on behalf of the trustee or trustees by the district court of the United States or any other court having jurisdiction over the respective railroad in reorganization in the region. Notwithstanding any provision of State or local law, in any case where deeds or other instruments have been executed, acknowledged, or delivered by a representative of the trustee or trustees of a railroad in reorganization in the region in accordance with the previous sentence, such execution, acknowledgment, and delivery, and the deeds or other instruments to which they pertain, shall have the same legal effect as they would have had if the trustee or trustees had themselves executed, acknowledged and delivered such deeds or other instruments.”. (q) (1) Section 303(c) (1) (A) (i) of such Act is amended by inserting after “exchange” the second time it appears the following: “(taking into consideration compensable unconstitutional erosion, if any, which the special court finds to have occurred in the estate of each such railroad, during the bankruptcy proceeding with respect to such railroad)”. (2) Section 303(c) (1) (A) (ii) of such Act (45 U.S.C. 743(c)(1) (A) (ii)) is amended by inserting immediately after “region,” the following: “in exchange for compensation and other benefits accruing to such transferor as a result of such exchange (taking into consideration compensable unconstitutional erosion, if any, which the special court finds to have occurred in the estate of each such railroad, during the bankruptcy proceeding with respect to such railroad)”. (3) Section 303(c)(2) of such Act (45 U.S.C. 743(c)(2)) is amended by inserting immediately after “reorganization” the second time it appears the following: “(taking into consideration compensa-ble unconstitutional erosion, if any, which the special court finds to have occurred in the estate of each such railroad, during the bankruptcy proceeding with respect to such railroad)”. (4) Section 303(c)(3) of such Act (45 U.S.C. 743(c)(3)) is amended by adding at the end thereof the following new sentence: “In making any finding under this paragraph, the special court shall take into consideration compensable unconstitutional erosion, if any, which it finds to have occurred in the estate of a railroad in reorganization in the region, or of a railroad leased, operated, or controlled by such a railroad, during the bankruptcy proceeding with respect to such railroad.”.

  10. Railroad Revitalization and Regulatory Reform Act of 1976

    Pub. L. 94–210 § 612(c)(3) · 90 Stat. 31

    1. Inserted · 45 U.S.C. § 743(c)(1)

      Pub. L. 94–210, § 612(c)(3), (d)(5), (6), (i), (q)(1), (2), in introductory text inserted “or any subsidiary thereof” after “Corporation”

    2. Inserted · 45 U.S.C. § 743(c)(1)

      Pub. L. 94–210, § 612(c)(3), (d)(5), (6), (i), (q)(1), (2), in introductory text inserted reference to States and responsible persons, in subpar. (A)(i) inserted “or any subsidiary thereof” after “Corporation” and “, certificates of value” after “securities”

    3. Inserted · 45 U.S.C. § 743(c)(1)

      Pub. L. 94–210, § 612(c)(3), (d)(5), (6), (i), (q)(1), (2), in introductory text inserted provision relating to consideration of compensable unconstitutional erosion, in subpar. (A)(ii) inserted reference to State or responsible person, and provision relating to compensation and other benefits accruing to such transferor as a result of the exchange, and in subpar. (C) inserted “or any subsidiary thereof” after “Corporation”

    Source evidence

    Code amendment note
    Subsec. (c)(1). Pub. L. 94–210, § 612(c)(3), (d)(5), (6), (i), (q)(1), (2), in introductory text inserted “or any subsidiary thereof” after “Corporation” and inserted reference to States and responsible persons, in subpar. (A)(i) inserted “or any subsidiary thereof” after “Corporation” and “, certificates of value” after “securities”, and inserted provision relating to consideration of compensable unconstitutional erosion, in subpar. (A)(ii) inserted reference to State or responsible person, and provision relating to compensation and other benefits accruing to such transferor as a result of the exchange, and in subpar. (C) inserted “or any subsidiary thereof” after “Corporation”.

    Enacted provision · exact public law section
    (3) Section 303(c)(1) of such Act (45 U.S.C. 743(c)(1)) is amended by inserting after “Corporation” each time it appears “or any subsidiary thereof”.

  11. Railroad Revitalization and Regulatory Reform Act of 1976

    Pub. L. 94–210 § 612(c)(4) · 90 Stat. 31

    1. Inserted · 45 U.S.C. § 743(c)(2)

      Pub. L. 94–210, § 612(c)(4), (e), (i), (q)(3), in introductory text inserted reference to certificates of value and provision relating to consideration of compensable unconstitutional erosion

    2. Substituted · 45 U.S.C. § 743(c)(2)

      Pub. L. 94–210, § 612(c)(4), (e), (i), (q)(3), in introductory text substituted “may” for “shall”, in subpar. (A) inserted reference to any subsidiary of a Corporation, exception relating to allocation to each such railroad of preferred stock, etc., “, certificates of value” after “securities” and “and certificates of value” after “of the Corporation”, in subpar. (B) inserted “and certificates of value” after “Corporation’s securities” and “, certificates of value” after “other securities”

    3. Substituted · 45 U.S.C. § 743(c)(2)

      Pub. L. 94–210, § 612(c)(4), (e), (i), (q)(3), in introductory text substituted “certificates of value issued by the Association” for “obligations of the Association”, and in subpar. (C) generally revised criteria for entering a judgment against the Corporation

    Source evidence

    Code amendment note
    Subsec. (c)(2). Pub. L. 94–210, § 612(c)(4), (e), (i), (q)(3), in introductory text inserted reference to certificates of value and provision relating to consideration of compensable unconstitutional erosion, and substituted “may” for “shall”, in subpar. (A) inserted reference to any subsidiary of a Corporation, exception relating to allocation to each such railroad of preferred stock, etc., “, certificates of value” after “securities” and “and certificates of value” after “of the Corporation”, in subpar. (B) inserted “and certificates of value” after “Corporation’s securities” and “, certificates of value” after “other securities”, and substituted “certificates of value issued by the Association” for “obligations of the Association”, and in subpar. (C) generally revised criteria for entering a judgment against the Corporation.

    Enacted provision · exact public law section
    (4) Paragraph (2) (A) of section 303(c) of such Act (45 U.S.C. 743(c) (2) (A)) is amended by striking “Corporation” the second time it appears and inserting in lieu thereof “Corporation or any subsidiary thereof ”.

  12. Railroad Revitalization and Regulatory Reform Act of 1976

    Pub. L. 94–210 § 612(d)(7) · 90 Stat. 31

    1. Inserted · 45 U.S.C. § 743(c)(3)

      Pub. L. 94–210, § 612(d)(7), (i), (n), (q)(4), inserted references to States or responsible persons wherever appearing, provisions relating to unreimbursed payments made by the profitable railroad on behalf of the transferor railroad in reorganization, provisions relating to consideration by the special court of compensable unconstitutional erosion, and “certificates of value” after “securities”

    2. Substituted · 45 U.S.C. § 743(c)(3)

      Pub. L. 94–210, § 612(d)(7), (i), (n), (q)(4), substituted “certificates of value” for “obligations”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 94–210, § 612(d)(7), (i), (n), (q)(4), inserted references to States or responsible persons wherever appearing, provisions relating to unreimbursed payments made by the profitable railroad on behalf of the transferor railroad in reorganization, provisions relating to consideration by the special court of compensable unconstitutional erosion, and “certificates of value” after “securities”, and substituted “certificates of value” for “obligations”.

    Enacted provision · exact public law section
    (7) Paragraph (3) of section 303(c) of such Act (45 U.S.C. 743(c) (3)) is amended by inserting “, State, or responsible person” after “region” and by inserting after “railroad” each time it appears therein (except the first time) “, State, or responsible person”.

  13. Railroad Revitalization and Regulatory Reform Act of 1976

    Pub. L. 94–210 § 612(d)(8) · 90 Stat. 31

    1. Inserted · 45 U.S.C. § 743(c)(4)

      Pub. L. 94–210, § 612(d)(8), (h), (i), inserted “, States, and responsible persons” after “profitable railroads” and “and to persons leased, operated, or controlled by such railroads who so transferred or conveyed rail properties” after “region”

    2. Substituted · 45 U.S.C. § 743(c)(4)

      Pub. L. 94–210, § 612(d)(8), (h), (i), substituted “(a)” for “(b)”

    3. Substituted · 45 U.S.C. § 743(c)(4)

      Pub. L. 94–210, § 612(d)(8), (h), (i), substituted “certificates of value” for “obligations”

    Source evidence

    Code amendment note
    Subsec. (c)(4). Pub. L. 94–210, § 612(d)(8), (h), (i), inserted “, States, and responsible persons” after “profitable railroads” and “and to persons leased, operated, or controlled by such railroads who so transferred or conveyed rail properties” after “region”, and substituted “(a)” for “(b)” and “certificates of value” for “obligations”.

    Enacted provision · exact public law section
    (8) Paragraph (4) of section 303(c) of such Act (45 U.S.C. 743(c) (4)) is amended by inserting “, States, and responsible persons” after “railroads”.

  14. Railroad Revitalization and Regulatory Reform Act of 1976

    Pub. L. 94–210 § 612(f) · 90 Stat. 31

    Added · 45 U.S.C. § 743(c)(5)

    Pub. L. 94–210, § 612(f), added par. (5)

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 94–210, § 612(f), added par. (5).

    Enacted provision · exact public law section
    (f) Section 303(c) of such Act (45 U.S.C. 743(c)) is amended by adding at the end thereof the following new paragraph: “(5) Whenever the special court orders, pursuant to section 303(b) (1) of this title, the transfer or conveyance to the Corporation or any subsidiary thereof of rail properties designated under section 206 (c)(1) (C) or (D) of this Act, to the National Railroad Passenger 45 USC 716. Corporation, to a profitable railroad, or to a State, or responsible person (including a government entity), the United States shall pay any judgment entered against the Corporation with respect to the conveyance of any such rail properties or against the National Railroad Passenger Corporation, such profitable railroad, State, or responsible person, plus interest thereon at such rate as is constitutionally required. The United States may, in its discretion, represent the Corporation or the National Railroad Passenger Corporation, such profitable railroad, State or responsible person, in any proceedings before the special court that could result in such a judgment against the Corporation under paragraph (2) of this subsection or against the National Railroad Passenger Corporation, such profitable railroad, State or responsible person, under paragraph (3) of this subsection. The Corporation, the National Railroad Passenger Corporation, any profitable railroad, State, or responsible person, which is represented by the United States of America shall cooperate diligently in whatever manner the United States shall reasonably request of it in connection with such proceedings. Neither the Corporation, or its subsidiaries, nor the National Railroad Passenger Corporation, any profitable railroad, State or responsible person, shall be obligated to reimburse the United States for any moneys paid by the United States pursuant to this section.”.

  15. Railroad Revitalization and Regulatory Reform Act of 1976

    Pub. L. 94–210 § 612(g) · 90 Stat. 31

    Substituted · 45 U.S.C. § 743(d)

    Pub. L. 94–210, § 612(g), substituted “20” for “5”

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 94–210, § 612(g), substituted “20” for “5”.

    Enacted provision · exact public law section
    (g) Section 303(d) of such Act (45 U.S.C. 743(d)) is amended by (1) striking out “5” and inserting in lieu thereof “20”.

  16. Railroad Revitalization and Regulatory Reform Act of 1976

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

    Added · 45 U.S.C. § 743(e)

    Pub. L. 94–210, § 601(d), added subsec. (e)

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 94–210, § 601(d), added subsec. (e).

    Enacted provision · exact public law section
    (d) Section 303 of such Act (45 U.S.C. 743) is amended by adding at the end thereof the following new subsection: “(e) Transfer and Other Taxes and Recording Fees.— All transfers or conveyances of rail properties (whether real, personal, or mixed) which are made under this Act (including transfers and conveyances which are made in accordance with a supplemental Post, p. 100. transaction pursuant to section 305 of this title) shall be exempt from any taxes, imposts, or levies now or hereafter imposed, by the United States or by any State or any political subdivision of a State, on or in connection with such transfers or conveyances or on the recording of deeds, bills of sale, liens, encumbrances, or other instruments evidencing, effectuating, or incident to any such transfers or conveyances, whether imposed on the transferor or on the transferee. Such transferors and transferees shall be entitled to record any such deeds, bills of sale, liens, encumbrances, or other instruments and, consistent with the designations and applicable principles in the final system plan, to record the release or removal of any pre-existing liens or encumbrances of record with respect to properties so transferred or conveyed, upon payment of any appropriate and generally applicable charges to compensate for the cost of the service performed.”.

  17. Pub. L. 94–436 § 3 · 90 Stat. 1398

    Changed · 45 U.S.C. § 743(c)(5)

    Pub. L. 94–436, § 3, restructured first sentence limiting indemnification of United States to judgments against Corporation or any subsidiary entered pursuant to par. (2) and to judgments against the National Railroad Passenger Corporation, profitable railroads, a State, or any responsible person entered pursuant to par. (3)

    Source evidence

    Code amendment note
    Subsec. (c)(5). Pub. L. 94–436, § 3, restructured first sentence limiting indemnification of United States to judgments against Corporation or any subsidiary entered pursuant to par. (2) and to judgments against the National Railroad Passenger Corporation, profitable railroads, a State, or any responsible person entered pursuant to par. (3).

    Enacted provision · exact public law section
    Sec. 3. The first sentence of section 303(c)(5) of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 743(c)(5)) is amended to read as follows: “Whenever the special court, pursuant to section 303(b)(1) of this title, orders the transfer or conveyance of rail properties— “(A) designated under section 206(e)(1)(C) or (D) of this Act, to the Corporation or any subsidiary thereof, the United States shall indemnify the Corporation against any costs or liabilities imposed on the Corporation as the result of any judgment entered against the Corporation, with respect to such properties, under paragraph (2) of this subsection; and “(B) to the National Railroad Passenger Corporation, a profitable railroad operating in the region, a State, or any other responsible person (including a governmental entity), the United States shall indemnify such Corporation, railroad, State, or poison against any costs or liabilities imposed thereon as the result of any judgment entered against such Corporation, railroad, State, or person under paragraph (3) of this subsection; plus interest on the amount of such judgment at such rate as is constitutionally required.”

  18. Pub. L. 94–436 § 5 · 90 Stat. 1398

    Inserted · 45 U.S.C. § 743(e)

    Pub. L. 94–436, § 5, inserted, after “section 745 of this title” in second parenthetical expression, “or which are made at any time to carry out the purposes of title VII of the Railroad Revitalization and Regulatory Reform Act of 1976 or section 791 of this title”

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 94–436, § 5, inserted, after “section 745 of this title” in second parenthetical expression, “or which are made at any time to carry out the purposes of title VII of the Railroad Revitalization and Regulatory Reform Act of 1976 or section 791 of this title”.

    Enacted provision · exact public law section
    Sec. 5. Section 303(e) of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 743(e)) is amended by adding “or which are made Ante, p. 84. at any time to carry out the purposes of title VII of the Railroad Revitalization and Regulatory Reform Act of 1976 or of section 601 (d) Ante, p. 119. 45 USC 791. of this Act” at the end of the second parenthetical expression between “title” and the closing parenthesis.

  19. Rail Amendments of 1976

    Pub. L. 94–555 § 204 · 90 Stat. 2613

    Inserted · 45 U.S.C. § 743(b)(6)

    Pub. L. 94–555, § 204, inserted provisions entitling the Corporation to a loan to fund accrued, non-guaranteed pension benefits under all plans transferred or assigned to the Corporation, whether terminated or not, and such loan is to be charged to the estate of railroad in reorganization as an administrative expense

    Source evidence

    Code amendment note
    Subsec. (b)(6). Pub. L. 94–555, § 204, inserted provisions entitling the Corporation to a loan to fund accrued, non-guaranteed pension benefits under all plans transferred or assigned to the Corporation, whether terminated or not, and such loan is to be charged to the estate of railroad in reorganization as an administrative expense.

    Enacted provision · exact public law section
    Sec. 204. protection of employees’ pension benefits Section 303(b)(6) of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 743(b)(6)) is amended by striking out the period at the end of the last sentence thereof and inserting in lieu thereof the following: “, except that in any case in which the Corporation, on or after the date of transfer or assignment as provided by this paragraph, terminates in whole or in pait any such plan, the benefits under which are not guaranteed under title IV of the Employee 29 USC 1301. Retirement Income Security Act of 1974, the Corporation shall guarantee the payment when due of the accrued pension benefits provided for thereunder at the time of termination. The Corporation shall be entitled Ante, p. 2617. to a loan pursuant to section 211(h) of this Act in an amount required for the adequate funding of accrued pension benefits under al] plans transferred or assigned to the Corporation in accordance with this paragraph (whether or not terminated by the Corporation). For purposes of such section 211(h) and notwithstanding any other provision of Federal or State law, amounts required for such adequate funding shall be deemed to be expenses of administration of the respective estates of the railroads in reorganization, due and payable as of the date of transfer or assignment of the plans to the Corporation.”.

  20. Rail Amendments of 1976

    Pub. L. 94–555 § 220(b)(1) · 90 Stat. 2613

    1. Substituted · 45 U.S.C. § 743(c)(2)(A)

      Pub. L. 94–555, § 220(b)(1), (2), substituted “securities and certificates of value” for “securities and certificates of value of the Corporation and certificates of value” after “equitable manner”

    2. Substituted · 45 U.S.C. § 743(c)(2)(A)

      Pub. L. 94–555, § 220(b)(1), (2), substituted “they have” for “it has” after “equitable manner”

    Source evidence

    Code amendment note
    Subsec. (c)(2)(A). Pub. L. 94–555, § 220(b)(1), (2), substituted “securities and certificates of value” for “securities and certificates of value of the Corporation and certificates of value” after “reallocating the” and “they have” for “it has” after “equitable manner”.

    Enacted provision · exact public law section
    (1) in paragraph (2)(A) thereof, by striking out “securities, certificates of value of the Corporation” and inserting in lieu thereof “securities and certificates of value”;

  21. Rail Amendments of 1976

    Pub. L. 94–555 § 220(b)(3) · 90 Stat. 2613

    1. Substituted · 45 U.S.C. § 743(c)(2)(B)

      Pub. L. 94–555, § 220(b)(3), (4), substituted “securities and certificates of value” for “Corporation’s securities, certificates of value” after “reallocation of”

    2. Substituted · 45 U.S.C. § 743(c)(2)(B)

      Pub. L. 94–555, § 220(b)(3), (4), substituted “other securities” for “other securities and certificates of value” after “the railroad of”

    Source evidence

    Code amendment note
    Subsec. (c)(2)(B). Pub. L. 94–555, § 220(b)(3), (4), substituted “securities and certificates of value” for “Corporation’s securities, certificates of value” after “reallocation of”, and substituted “other securities” for “other securities and certificates of value” after “the railroad of”.

    Enacted provision · exact public law section
    (3) in paragraph (2)(B) thereof, by striking out “Corporation’s securities, certificates of value” and inserting in lieu thereof “securities and certificates of value”;

  22. Rail Amendments of 1976

    Pub. L. 94–555 § 220(b)(5) · 90 Stat. 2613

    Substituted · 45 U.S.C. § 743(c)(3)

    Pub. L. 94–555, § 220(b)(5), substituted “subsection (a)(2) of this section” for “section 303(a)(2)”, in the original, necessitating no change in text

    Source evidence

    Code amendment note
    Subsec. (c)(3). Pub. L. 94–555, § 220(b)(5), substituted “subsection (a)(2) of this section” for “section 303(a)(2)”, in the original, necessitating no change in text.

    Enacted provision · exact public law section
    (5) in the fourth sentence of paragraph (3) thereof, by striking out “section 303(a)(2)” and inserting in lieu thereof “subsection (a)(2) of this section”.

  23. Rail Amendments of 1976

    Pub. L. 94–555 § 202(b) · 90 Stat. 2613

    Added · 45 U.S.C. § 743(c)(6)

    Pub. L. 94–555, § 202(b), added par. (6)

    Source evidence

    Code amendment note
    Subsec. (c)(6). Pub. L. 94–555, § 202(b), added par. (6).

    Enacted provision · exact public law section
    (b) Section 303(c) of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 743(c)) is amended by adding at the end thereof the following new paragraph: “(6) Whenever the Corporation exercises an option to acquire, or acquires, interests in rail marine freight floating equipment pursuant to the recommendations of the final system plan, and the Corporation thereafter makes such floating equipment available to a profitable railroad operating in the region, a State, or a responsible person including a government entity), the United States shall indemnify— “(A) the Corporation against any costs or liabilities imposed on the Corporation as the result of any judgment entered against it, with respect to such equipment, under paragraph (2) of this subsection; and “(B) such profitable railroad, State, or responsible person against any costs or liabilities imposed thereon as the result of any judgment entered against such profitable railroads, State, or responsible person under paragraph (3) of this subsection, plus interest on the amount of such judgment at such rate as is constitutionally required.”.

  24. Pub. L. 95–199 § 4 · 91 Stat. 1423

    Substituted · 45 U.S.C. § 743(d)

    Pub. L. 95–199 substituted “entered by the special court pursuant to subsection (c) of this section or section 746 of this title” for “entered pursuant to subsection (c) of this section”

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 95–199 substituted “entered by the special court pursuant to subsection (c) of this section or section 746 of this title” for “entered pursuant to subsection (c) of this section”.

    Enacted provision · exact public law section
    Sec. 4. Section 303(d) of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 743(d)) is amended by striking out “entered pursuant to subsection (c) of this section” and inserting in lieu thereof “entered by the special court pursuant to subsection (c) of this section 45 USC 746. or section 306 of this title”.

  25. Pub. L. 95–597 § 1 · 92 Stat. 2547

    1. Redesignated · 45 U.S.C. § 743(b)(6)

      Pub. L. 95–597 redesignated existing provisions as subpar. (A)

    2. Redesignated · 45 U.S.C. § 743(b)(6)

      Pub. L. 95–597 redesignated clauses (A) and (B) as (i) and (ii), respectively

    3. Added · 45 U.S.C. § 743(b)(6)

      Pub. L. 95–597 added subpar. (B)

    Source evidence

    Code amendment note
    Subsec. (b)(6). Pub. L. 95–597 redesignated existing provisions as subpar. (A), redesignated clauses (A) and (B) as (i) and (ii), respectively, and added subpar. (B).

    Enacted provision · exact public law section
    (1) by redesignating such paragraph (6) as paragraph (6)(A), and by redesignating clauses (A) and (B) in the first sentence thereof as clauses (i) and (ii), respectively; and

  26. Pub. L. 96–73 title II § 204(a) · 93 Stat. 537

    Inserted · 45 U.S.C. § 743(b)(6)(B)

    Pub. L. 96–73 inserted provisions which limited coverage to amount that does not exceed in death benefits amount equal to twice the employee’s annual salary at time of retirement or $60,000, whichever is lower, provided for maintenance of regional coverage, and in cases of lapsed coverage due to nonpayment of premiums prescribed the same limitation for claims arising during the lapsed period or thereafter

    Source evidence

    Code amendment note
    Subsec. (b)(6)(B). Pub. L. 96–73 inserted provisions which limited coverage to amount that does not exceed in death benefits amount equal to twice the employee’s annual salary at time of retirement or $60,000, whichever is lower, provided for maintenance of regional coverage, and in cases of lapsed coverage due to nonpayment of premiums prescribed the same limitation for claims arising during the lapsed period or thereafter.

    Enacted provision · exact public law section
    (a) Payment of Premiums and Benefits.— Section 303(b)(6)(B) of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 743(b)(6)(B)) is amended by striking out the first and second sentences and inserting in lieu thereof the following: “(B) The Corporation shall, through the purchase of insurance or otherwise, maintain in effect any medical insurance coverage or so much of any life insurance coverage that does not exceed in death benefits an amount equal to twice the employee’s annual salary at the time of retirement or $60,000, whichever is lower, which coverage was maintained by a railroad in reorganization in the region immediately prior to April 1, 1976, and which provides insurance benefits to employees who retired, prior to April 1, 1976, from service with such a railroad. With respect to any such employee whose medical or life insurance coverage lapsed after April 1, 1976, due to nonpayment of premiums, the Corporation shall— “(i) through the purchase of insurance or otherwise, provide medical insurance benefits or life insurance benefits at the same level as were provided by the employer railroad in reorganization and in effect with respect to such employees immediately prior to April 1, 1976, except that the life insurance benefits so provided shall not exceed in death benefits an amount equal to twice the employee’s annual salary at the time of retirement or $60,000, whichever is lower; and “(ii) assume and pay any claim for such employee (or his personal representative) for any such insurance benefits, if— “(I) such claim arose during the period beginning April 1, 1976, and ending on the date insurance coverage is provided pursuant to clause (i) of this subparagraph; “(II) such benefits were not paid by an insurer solely because of the lapse of the insurance coverage during such period, except that such death benefits shall not be paid for any such employee in excess of an amount equal to twice the employee’s annual salary at the time of retirement or $60,000, whichever is lower.”.

  27. Northeast Rail Service Act of 1981

    Pub. L. 97–35 title XI § 1167(a) · 95 Stat. 357

    Struck · 45 U.S.C. § 743(c)

    Pub. L. 97–35 struck out all references to securities wherever appearing in text, and reference to share of series B preferred stock

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 97–35 struck out all references to securities wherever appearing in text, and reference to share of series B preferred stock.

    Enacted provision · exact public law section
    (a) Section 303(c) of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 743(c)) is amended by striking the following wherever they appear: “securities,”; “securities and”; “at least one share of series B preferred stock and”; “other securities of the Corporation or”; and “securities or”.

  28. Pub. L. 100–352 § 6(e) · 102 Stat. 662

    1. Substituted · 45 U.S.C. § 743(d)

      Pub. L. 100–352 substituted “Review” for “Appeal” in heading

    2. Amended · 45 U.S.C. § 743(d)

      Pub. L. 100–352 amended text generally. Prior to amendment, text read as follows: “A finding or determination entered by the special court pursuant to subsection (c) of this section or section 746 of this title may be appealed directly to the Supreme Court of the United States in the same manner that an injunction order may be appealed under section 1253 of title 28: Provided, That such appeal is exclusive and shall be filed in the Supreme Court not more than 20 days after such finding or determination is entered by the special court. The Supreme Court shall dismiss any such appeal within 7 days after the entry of such an appeal if it determines that such an appeal would not be in the interest of an expeditious conclusion of the proceedings and shall grant the highest priority to the determination of any such appeals which it determines not to dismiss.”

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 100–352 substituted “Review” for “Appeal” in heading and amended text generally. Prior to amendment, text read as follows: “A finding or determination entered by the special court pursuant to subsection (c) of this section or section 746 of this title may be appealed directly to the Supreme Court of the United States in the same manner that an injunction order may be appealed under section 1253 of title 28: Provided, That such appeal is exclusive and shall be filed in the Supreme Court not more than 20 days after such finding or determination is entered by the special court. The Supreme Court shall dismiss any such appeal within 7 days after the entry of such an appeal if it determines that such an appeal would not be in the interest of an expeditious conclusion of the proceedings and shall grant the highest priority to the determination of any such appeals which it determines not to dismiss.”

    Enacted provision · exact public law section
    (e) Section 303(d) of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 743(d)) is amended to read as follows: “(d) Review.— A Finding or determination entered by the special court pursuant to subsection (c) of this section or section 306 of this title shall be reviewable only upon petition for a writ of certiorari to the Supreme Court of the United States. Such review is exclusive and any such petition shall be filed in the Supreme Court not more than 20 days after entry of such finding or determination.”.

  29. Pub. L. 103–272 § 7(b) · 108 Stat. 745

    Struck · 45 U.S.C. § 743(e)

    Pub. L. 103–272 struck out “title VII of the Railroad Revitalization and Regulatory Reform Act of 1976 or of” before “section 791(d)”

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 103–272 struck out “title VII of the Railroad Revitalization and Regulatory Reform Act of 1976 or of” before “section 791(d)”.

    Enacted provision · exact public law section
    (b) The laws specified in the following schedule are repealed, 49 USC prec. 101 note. except for rights and duties that matured, penalties that were incurred, and proceedings that were begun before the date of enactment of this Act: Date Chapter or Public Law Section Statutes at Large U.S. Code Volume Page Title Section 1864 July 2 216 15 13 362 45 83 1873 Mar. 3 226 2(words after 2d semicolon). 17 508 1874 June 20 331 18 111 45 83 June 22 414 18 200 45 89 1879 Mar. 3 183 1(4th par. on p. 420) 20 420 45 90 1887 Feb. 4 104 25 24 379 49 App. 26 Mar. 3 345 24 488 45 94, 95 1893 Mar. 2 196 27 531 45 1–7 1896 Apr. 1 87 29 85 45 6 1897 Mar. 3 386 (proviso under heading “Transportation and Recruiting, Marine Corps”). 29 663 45 91 Date Chapter or Public Law Section Statutes at Large U.S. Code Volume Page Title Section 1901 Mar. 3 831 (last proviso of last par. under heading “Pay Department”). 31 1023 45 92 1903 Mar. 2 976 32 943 45 10 1905 Feb. 23 744 33 743 49 App. 1201–1203 1906 June 29 3594 34 607 45 71–74 June 30 P.R. 46 34 838 45 35 1907 Mar. 4 2939 34 1415 45 61–64b 1908 May 27 200 1(6th par. last sentence under heading “Interstate Commerce Commission”, 1st complete par. on p. 325). 35 325 45 36, 37 1909 Mar. 4 299 1(6th par. last sentence under heading “Interstate Commerce Commission”). 35 965 45 37 1910 Apr. 14 160 36 298 45 11–16 May 6 208 36 350 45 38–43 1911 Feb. 17 103 36 913 45 22–29, 31–34 1915 Mar. 4 169 38 1192 45 23, 30 1916 May 4 109 39 61 45 63 Aug. 29 415 39 538 49 App. 81–124 1920 Feb. 28 91 441, 500 41 498, 499 49 26, 142 1921 Mar. 4 161 1(last proviso in par. under heading “Transportation Facilities on Inland and Coastal Waterways”). 41 1392 49 App. 141 Dec. 15 1 1(last par. under heading “Board of Mediation and Conciliation”). 42 328 45 126 1924 June 7 355 43 659 45 22, 23, 25, 27 1927 Mar. 4 510 44 1446 49 App. 102 1929 Feb. 28 369 45 1404 49 App. 173 Date Chapter or Public Law Section Statutes at Large U.S. Code Volume Page Title Section 1931 Feb. 14 189 46 1162 49 App. 231 1934 June 13 498 48 954 49 App. 264 June 19 654 48 1113 49 App. 171–173a, 175, 179–184 656 2 48 1116 49 App. 181 1935 Aug. 7 455 49 540 49 App. 231 1937 Aug. 26 818 50 835 49 App. 26 1939 June 27 244 53 855 49 App. 751–757 Aug. 9 618 53 1291 49 App. 781–789 633 1(1st. par. under heading “Civil Aeronautics Authority.”). 53 1302 49 App. 682 1940 Apr. 22 124 54 148 45 24–34 July 2 526 54 735 49 App. 485 Sept. 18 722 14(b) 54 919 49 App. 26 1941 June 28 258 201(last par. under heading “Civil Aeronautics Board”). 55 282 49 App. 422a 1942 July 24 522 56 704 49 App. 752 1943 May 7 94 (par. under heading “Office of Administrator of Civil Aeronautics”). 57 80 49 App. 758 June 10 121 57 150 49 App. 752 1944 June 30 333 58 648 49 App. 757 July 1 373 813(5th, 6th complete pars, on p 718). 58 718 49 App. 177, 181 Oct. 3 479 13(g) 50 App. 1622 1946 Aug. 8 911 60 944 49 App. 603 1947 May 27 85 61 120 45 24–26 July 30 404 2 61 678 50 App. 1622 Aug. 4 471 61 743 49 App. 643 Date Chapter or Public Law Section Statutes at Large U.S. Code Volume Page Title Section 1948 Apr. 17 192 62 173 49 App. 1101, 1102, 1106, 1108, 1109 June 16 473 62 450 49 App. 1151, 1151(note), 1152–1159a, 1160 482 62 470 49 App. 524 June 19 523 62 493 49 App. 401, 523 June 25 646 4 62 986 45 87 June 29 713 62 1093 49 App. 452 738 62 1111 49 App. 1116 July 1 792 62 1216 49 App. 452, 459, 551 1949 July 25 359 63 478 49 App. 1111 July 26 362 63 480 49 App. 622 363 63 480 49 App. 1114 Aug. 12 423 63 603 49 App. 1113 Aug. 15 426 63 605 49 App. 1109 Aug. 30 520 63 678 49 App. 427 Oct. 1 589 63 700 50 App. 1622–1622c Oct. 25 724 63 903 49 App. 1105 Oct. 26 751 63 925 49 App. 1104 1950 Feb. 9 5 64 4 49 App. 1107 Mar. 18 72 6, 7 64 58 49 App. 1102, 1108 Aug. 3 517 64 395 49 App. 622 Aug. 5 591 64 414 49 App. 177, 181 Aug. 8 643 64 417 49 App. 457 Aug. 9 655 64 427 49 App. 781 Sept. 9 938 64 825 49 App. 701–705 Sept. 27 1055 64 1079 49 App. 1104 Sept. 29 1107 64 1079 49 App. 460 Sept. 30 1117 64 1090 49 App. 1181–1185 1951 Jan. 9 1214 64 1237 49. App. 1109 June 14 123 65 65 49 App. 401, 711–722 Oct. 11 495 3, 4 65 407 49 App. 177,560 Oct. 31 655 55(b) 65 729 49 App. 787 Date Chapter or Public Law Section Statutes at Large U.S. Code Volume Page Title Section 1952 June 28 485 1(5) 66 286 49 App. 485 July 14 740 66 628 49 App. 401, 491, 622 1953 July 8 181 67 140 49 App. 1116 Aug. 8 379 67 489 49 App. 176 1955 May 19 41 69 49 49 App. 481 Aug. 3 494 69 441 49 App. 1101–1103, 1104, 1105, 1107, 1108, 1111 1956 July 20 650 70 591 49 App. 481 655 70 594 49 App. 722 Aug. 1 816 70 784 49 App. 483 852 22 70 911 49 App. 789 1957 June 13 85–50 71 69 49 App. 1201–1203 Aug. 14 85–135 71 352 49 App. 6, 13, 34, 63 Aug. 26 85–166 71 415 49 App. 481 Sept. 7 85–307 71 629 49 App. 1324(note) 1958 Apr. 9 85–373 72 84 49 App. 486 Apr. 11 85–375 72 86 49 App. 9 July 7 85–507 21(b)(3), (c) 72 337, 338 49 App. 457, 603 Aug. 23 85–726 (less 613(a), (b), 1402(a),(e)–(g), 1404, 1406,1411). 72 731 49 App. 1301–1308, 1321–1325, 1341–1346, 1347–1356, 1357–1359, 1371, 1372–1376, 1377–1389, 1401–1406, 1421–1434, 1441–1443, 1461–1463, 1471–1474, 1481, 1482, 1483–1490, 1501–1515, 1516–1518, 1531–1542, 1551 1959 Mar. 18 86–3 21 73 13 49 App. 1324(note) June 25 86–70 39 73 150 49 App. 1324(note) Date Chapter or Public Law Section Statutes at Large U.S. Code Volume Page Title Section June 29 86–72 73 155 49 App. 1101, 1102, 1104, 1106, 1108, 1109, 112 July 8 86–81 73 180 49 App. 1403, 1404 Aug. 11 86–154 73 333 49 App. 1743 Aug. 25 86–199 73 427 49 App. 1485 Sept. 21 86–295 73 572 49 App. 1105 1960 June 29 86–546 1 74 255 49 App. 1486 July 12 86–624 37 74 421 49 App. 1324(note) 86–627 74 445 49 App. 1373 July 14 86–661 74 527 Sept. 13 86–758 74 901 49 App. 1378, 1378(note) 86–762 74 903 45 38, 42, 43 1961 July 20 87–89 75 210 49 App. 1542 Sept. 5 87–197 75 466 49 App. 1301, 1472, 1511 Sept. 13 87–221 75 494 15 1281, 1282 87–225 75 497 49 App. 1486 Sept. 20 87–255 75 523 49 App. 1101–1106, 1108–1110, 1112, 1509 Oct. 4 87–367 103(2), (6), (15), 205 75 787, 788, 791 49 App. 1322, 1343, 1343(note) 1962 July 10 87–528 76 143 49 App. 1301, 1371, 1371(note), 1376, 1387, 1471, 1472 Oct. 15 87–810 76 921 49 App. 1323, 1441, 1472, 1505 87–820 76 936 49 App. 1324(note), 1380 1964 Mar. 11 88–280 78 158 49 App. 1101–1106, 1107a, 1108–1111, 1113, 1120 June 30 88–346 78 236 49 App. 1403, 1406, 1406(note) July 2 88–349 2 78 239 49 App. 1114 July 9 88–365 78 302 49 App. 1601, 1601(note), 1602, 1603, 1604, 1605–1625 Aug. 14 88–426 305(16) 78 424 49 App. 1321, 1341, 1342 1965 Aug. 10 89–117 304(b), 1109 79 475, 507 49 App. 1605, 1608 Sept. 30 89–220 13 49 App. 1643 Date Chapter or Public Law Section Statutes at Large U.S. Code Volume Page Title Section Nov. 8 89–348 1(6) 79 1310 49 App. 1539 1966 June 13 89–447 80 199 49 App. 1542 Sept. 8 89–562 80 715 49 App. 1602, 1603, 1605, 1607a(note), 1607b, 1607c, 1608–1611 Sept. 9 89–563 (less 401) 80 718 15 1301–1303, 1321–1323, 1381, 1381(note), 1391–1403, 1403(note), 1404–1431 Oct. 13 89–647 80 894 49 App. 1104, 1105 Oct. 15 89–670 1–8(a), (f), (i), 9, 10(e), 13–16. 80 931, 943, 944, 948, 949. 15 1404 49 App. 1376, 1651, 1651(note), 1652, 1653, 1654, 1655–1657, 1659 50 123 1967 May 25 90–19 20 81 25 49 App. 1602, 1603, 1605, 1606, 1608–1610 June 28 90–34 81 81 49 App. 1604 Dec. 1 90–169 81 526 49 App. 1604 1968 Apr. 10 90–283 82 72 15 1410 July 21 90–411 82 395 49 App. 1431 July 24 90–423 1(f) 82 424 49 App. 1642 Aug. 1 90–448 701–704 82 534 49 App. 1603, 1604, 1605, 1608 Aug. 12 90–481 82 720 49 App. 1671, 1671(note), 1672–1686 Sept. 26 90–514 82 867 49 App. 1301, 1371, 1371(note) Oct. 12 90–568 82 1003 49 App. 1324(note) 1969 Aug. 20 91–62 83 103 49 App. 1377, 1377(note), 1378 Dec. 24 91–152 306 83 392 49 App. 1603, 1604 Dec. 26 91–169 83 463 45 61, 61(note), 62–64b Date Chapter or Public Law Section Statutes at Large U.S. Code Volume Page Title Section 1970 May 21 91–258 31, 51, 52(a), (b)(4), (6), (c), (d), 53, 209. 84 234, 235, 236, 252. 49 App. 1101–1103, 1104–1106, 1107a–1120, 1354, 1430, 1430(note), 1432, 1509, 1622, 1701(note), 1731, 1741, 1742(note) May 22 91–265 84 262 15 1381(note), 1391, 1401, 1408, 1409, 1426, 1431 Sept. 8 91–399 84 837 49 App. 1542 Oct. 13 91–444 1(b) 84 915 49 App. 1642 Oct. 14 91–449 84 921 49 App. 1301, 1472 Oct. 15 91–453 1–9, 13, 14 84 962, 969 49 App. 1601(note), 1601a, 1602, 1602(note), 160a–1605, 1610–1612 Oct. 16 91–458 84 971 45 421, 421(note), 431–441, 443, 444 Oct. 27 91–513 1102(r) 84 1294 49 App. 787 Oct. 30 91–518 less 404(f), 814, 815, 901). 84 1327 45 501, 501(note), 501a, 502, 521, 522, 541–545, 546, 547, 548, 561–566, 581–591, 601, 602, 642–644, 646–649, 651–658 Dec. 23 91–569 84 1499 49 App. 1512, 1512(notes) Dec. 29 91–596 31 84 1619 49 App. 1421 Dec. 31 91–604 11(b) 84 1705 49 App. 1421, 1430 1971 Nov. 18 92–159 2 85 481 49 App. 1429 Nov. 27 92–174 85 491 49 App. 1429, 1430(note), 1432, 1711–1713, 1714, 1715, 1717 1972 Mar. 22 92–259 86 95 49 App. 1374, 1461, 1482, 1482(note) June 22 92–316 86 227 45 543, 543(note), 545, 546, 548, 562, 563, 565, 601, 602, 602(note), 644, 645 Aug. 22 92–401 86 616 49 App. 1674, 1674(note), 1682, 1684 Date Chapter or Public Law Section Statutes at Large U.S. Code Volume Page Title Section Oct. 20 92–513 (less 511) 86 947 15 1901, 1901(note), 1911–1922, 1941–1949, 1961–1964, 1981, 1981(note), 1982–1991, 2001–2010, 2012, 2021–2034 Oct. 25 92–548 86 1159 15 1381(note), 1409, 1410 92–556 7(b) 86 1170 49 App. 1324(note) Oct. 27 92–574 86 1239 49 App. 1431 1973 June 18 93–44 138, 164, 301 87 88 49 App. 1513, 1701(note), 1711, 1712, 1714, 1716, 1717 Aug. 13 93–87 87 270, 281, 295 49 App. 1602a, 1603, 1603(note), 1607d(note), 1608(note), 1612 Aug. 14 93–90 87 305 45 421(note), 441(note) 49 App. 1762 Nov. 3 93–146 87 548 45 501(note), 502, 543, 543(note), 545, 546, 548, 561–564, 601, 602, 641 1974 Jan. 2 93–236 303(e)(words “title the Railroad Revitalization and Regulatory Reform Act of 1976 or of”), 711(words “, the National Railroad Passenger Corporation, or the Amtrak Commuter Services Corporation”). 45 743, 797j 93–239 4 87 1048 49 App. 1421 Aug. 5 93–366 88 409 49 App. 1301(note), 1301, 1356, 1357,1471, 1472,1473, 1487, 1511, 1514–1516 Aug. 22 93–383 813 88 737 49 App. 1602,1602a, 1602a(note) Aug. 30 93–403 88 802 49 App. 1671(note), 1674, 1684 Date Chapter or Public Law Section Statutes at Large U.S. Code Volume Page Title Section Oct. 27 93–492 (less 108) 88 1470 15 1381(note), 1391, 1392, 1393, 1397–1399, 1401, 1402, 1408, 1409, 1409(note), 1410–1411, 1411(note), 1412–1420, 1424, 1961–1964 Oct. 28 93–496 88 1526 45 501(note), 544, 545, 563, 564, 601, 602, 641,644, 645(note) 49 App. 302, 1643, 1653 Nov. 26 93–503 (less 105) 88 1565 49 App. 1601b, 1601b(note), 1602–1604b, 1605(note), 1611 1975 Jan. 2 93–604 702 88 1964 49 App. 1537 93–608 1(20), (21) 88 1970 49 App. 1343, 1603 Jan. 3 93–623 (less 6) 88 2102 49 App. 1151(note), 1159a, 1159b, 1373, 1376, 1377, 1472, 1517 93–633 88 2156 45 39, 421(note), 437, 438, 440, 440(note) 49 App. 1471, 1472, 1653, 1761, 1762, 1801, 1801(note), 1802–1813, 1901, 1901(note), 1902–1907 1974 Jan. 4 93–650 89 2–1 49 App. 1602, 1602a, 1602a(note) 1975 May 26 94–25 89 90 45 501(note), 543, 545, 548, 563, 564, 601, 602, 621 49 App. 1653 July 19 94–56 89 263 45 421(note), 440 49 App. 1812 Aug. 9 94–90 89 439 49 App. 1531(note), 1536, 1542 Dec. 22 94–163 301(less “Sec. 511”) 89 901 15 2001–2010, 2012 1976 Feb. 5 94–210 701–706(a), (c)–(i), 707, 803, 808, 901–904. 90 119, 124, 130, 143, 147. 45 543, 545, 546, 562–564, 743, 745(note), 851–855 Date Chapter or Public Law Section Statutes at Large U.S. Code Volume Page Title Section 49 App. 1613, 1653, 1654, 1654(note) July 8 94–346 5(related to title VII) 90 815 15 1392, 1409 94–348 101–108, 216(e), 217, 90 817 45 6, 13, 34, 61–63a, 64a, 421(note), 431, 431(note) 219(a), 220(h), 301. 49 App. 26, 1653 July 12 94–353 305, 306, 402(b) 90 871 49 App. 1346a, 1348(note), 1356a, 1358, 1371, 1432, 1701, 1701(note), 1702(note), 1704, 1711–1715, 1715(note), 1716–1720, 1724(note), 1728–1730, 1742 July 14 94–364 (less 19) 90 981 15 1901(note), 1921, 1941, 1949, 1963, 1982–1985, 1987, 1988, 1990–1991 July 31 94–374 90 1065 49 App. 1542 Sept. 30 94–436 5(related to title VII) 90 1399 45 743 Oct. 11 94–474 90 2068 49 App. 1801(note), 1805, 1812 94–477 90 2073 49 App. 1671, 1671(note), 1672, 1674, 1680, 1683–1686 94–481 90 2080 49 App. 1907 Oct. 19 94–555 101–108, 216(e), 217, 219(a), 220(h), 301. 90 2613, 2627, 2629, 2630 45 501(note), 543, 545, 546, 563, 601, 602, 641, 641(note), 854 49 App. 1653, 1654(note) 1977 Aug. 4 95–91 305, 306, 402(b) 91 580, 584 15 2002 42 7155 7172 Nov. 9 95–163 (less 19) 91 1278 49 App. 1301, 1302, 1371, 1373, 1373(note), 1376(note), 1388, 1401, 1421, 1421(note), 1430, 1482, 1531–1533, 1535, 1537, 1542 Nov. 16 95–187 91 1385 49 App. 1613 1978 Mar. 8 95–241 92 119 49 App. 1401 Mar. 14 95–245 92 156 49 App. 1388, 1388(note) Date Chapter or Public Law Section Statutes at Large U.S. Code Volume Page Title Section Mar. 27 95–251 2(a)(12) 92 183 49 App. 1655 Sept. 11 95–363 92 597 49 App. 1901(note), 1907 Sept. 30 95–403 92 863 49 App. 1812 Oct. 5 95–421 92 923 45 501(note), 521(note), 541, 541(note), 545, 545a, 546a, 562, 563, 601, 602, 646, 853, 854 1653 Oct. 7 95–426 706 92 992 49 App. 1518 Oct. 17 95–473 4(c) 92 1470 49 App. 101(note prec.) Oct. 24 95–504 (less 46) 92 1705 49 App. 1301, 1301(note), 1302, 1305–1308, 1324(note), 1371, 1371(note), 1372–1374, 1376, 1376(note), 1378, 1379, 1382, 1384, 1386, 1389, 1461, 1471, 1473, 1482, 1482a, 1490, 1504, 1551, 1552, 1711, 1729 Nov. 2 95–574 92 2459 45 6, 13, 34, 61, 63a, 63a(note), 421(note), 436, 437, 440(note), 442 49 App. 26 95–575 3(a), (b) 92 2465 49 App. 781, 787 95–580 92 2475 49 App. 1653(note) Nov. 6 95–598 322(g) 92 2679 45 81 95–599 134(d), 160, 301–315, 317–323. 92 2709, 2719, 2735, 2752. 15 1418 49 App. 1601(note), 1602, 1603, 1604, 1604(note), 1605(note), 1607, 1607(note), 1607a(note), 1607b-1608, 1611, 1612, 1612(note), 1613–1616, 1653(note) Nov. 8 95–607 101–110 92 3059 49 App. 1651(note), 1653a, 1654, 1654(note) 95–609 3, 8 92 3080, 3084 49 App. 1431, 1431(note) Date Chapter or Public Law Section Statutes at Large U.S. Code Volume Page Title Section Nov. 9 95–619 401–404 92 3254 15 2006, 2008 1979 93 537, 547, 558. Sept. 29 96–73 101–119 “Sec. 404(e)”, 119 “Sec. 404(g)”-132, 501(a). 45 501, 501(note), 501a, 502, 521(note), 545, 545(note), 545a(note), 546, 548, 562(note), 563, 564, 564(note), 565, 565(note), 566, 601, 602, 602(note), 641, 647–650 49 App. 1653 Oct. 12 96–86 115(b) 93 662 49 App. 1654 Nov. 9 96–106 17 93 799 49 App. 1604 Nov. 30 96–129 93 989 18 831, 831(note), 832–835 49 App. 1671, 1671(note), 1672, 1672(note), 1673–1677, 1679a–1682, 1682(note), 1683–1686, 1811, 2001, 2001(note), 2002–2014 Dec. 29 96–171 93 1285 49 App. 1421(note) 1980 Jan. 7 96–185 18(related to §503(a)(3) of Motor Vehicle Information and Cost Savings Act). 93 1336 15 2003 Feb. 15 96–192 (less 29) 94 35 49 App. 1159b, 1301(note), 1302, 1371–1373, 1377, 1382, 1384, 1386, 1482, 1502, 1504, 1508, 1517 Feb. 18 96–193 (less 305) 94 50 49 App. 1348(note), 1359, 1472, 1512, 1711, 1713, 1714–1717, 1731, 1742, 2101, 2101(note), 2102–2108, 2121–2124 May 30 96–254 117, 201–213, 215, 216 94 410, 418 45 501(note), 543, 545, 546, 562–564, 601, 651–658, 851, 853, 854, 854(note), 855, 1013 Date Chapter or Public Law Section Statutes at Large U.S. Code Volume Page Title Section 49 App. 1653 July 1 96–296 30 94 820 49 10927(note) 96–298 1(d) 94 829 49 App. 1742 Oct. 10 96–423 94 1811 43 975 45 6, 26, 29, 34, 64a, 421(note), 431, 431(note), 432, 435–439, 441, 443, 444 96–425 94 1821 15 1901, 1901(note), 2001, 2001(note), 2002, 2002(note), 2003, 2005, 2007, 2008, 2012 Oct. 14 96–448 508(f) 94 1958 45 563 Oct. 19 96–470 112(a), (e), (f), (h), 209(a) 94 2239, 2240, 2245. 45 440, 669 49 App. 1344, 1539, 1702 1981 Aug. 6 97–31 12(9) 95 154 49 App. 142 Aug. 13 97–35 1101–1103, 1111, 1137–1139(a), 1145, 1170–1189, 1191–1195. 95 622, 627, 647, 669, 687. 45 444, 501, 501(note), 501a, 502, 541, 543, 543(note), 544, 545, 546, 547, 548, 562, 563, 563(note), 564, 565, 581–590, 601, 602, 651(note), 852, 854 49 App. 1603, 1604, 1608(note), 1654, 1660, 1701(note), 1714, 1714(note), 1715, 1716(note), 1717, 1742 Nov. 3 97–74 95 1065 49 App. 1901(note), 1903, 1906, 1907 Dec. 23 97–102 329 95 1464 45 582(note) Dec. 29 97–125 5 95 1673 45 582(note) 1982 Apr. 2 97–164 161(8) 96 49 45 87 July 18 97–216 101(par. under heading “Grants to the National Railroad Passenger Corporation”). 96 187 45 543 Date Chapter or Public Law Section Statutes at Large U.S. Code Volume Page Title Section Sept. 3 97–248 501–529, 532–534 96 671, 701 49 App. 1349, 1354, 1356a, 1430, 1432, 1509, 1513, 1701–1731, 2101, 2103, 2104, 2108, 2201, 2201(note), 2202–2225 50 App. 1622 Sept 10 97–257 107(par. under heading “Grants to the National Railroad PassengerCorporation”). 96 852 45 546b Sept. 20 97–261 18(a)–(g) 96 1121 49 10927(note) Oct. 2 97–276 130,167 96 1196, 1204 49 App. 1376a(note), 2207 Oct. 14 97–309 96 1453 49 App. 1542, 1551, 1902, 1902(note), 1905 Oct. 15 97–331 96 1619 15 1381(note), 1392, 1409, 1413, 1418, 1921, 1949, 1990g Oct. 25 97–364 201–206, 208, 209. 211 96 1740. 1746, 1747 23 401(note) 97–365 4 96 1751 26 6103(note) Dec. 18 97–369 201(provisos under heading "Payments to Air Carriers"), 322. 96 1778, 1784 49 App. 1376a, 1376b 1983 Jan. 6 97–424 138, 301–309, 313, 315–318, 401–408, 411–416, 426(a)–(d). 96 2126, 2140, 2152, 2153, 2167. 49 10927(note) 49 App. 1601(note), 1601c, 1602, 1603–1604a, 1607a, 1607a-1, 1607c, 1608, 1611, 1612, 1612(note), 1614, 1617, 1618, 2204–2206, 2301–2307, 2311–2315, 2316 Jan. 12 97–449 4(c) 96 2442 49 App. 1348 Jan. 14 97–468 101–104, 301, 302, 501, 508, 509, 615(a)(4), 701–706. 96 2543, 2547, 2551, 2554, 2577, 2579. 45 13, 17–21, 421(note), 431, 438, 444, 585, 591, 601, 853, 854, 854(note), 855 49 App. 1654, 1655, 1673–1675, 2003, 2005 Apr. 5 98–17 97 59 49 App. 2316 June 6 98–37 97 204 49 App. 1907 July 30 98–63 1(par. under heading "Urban Discretionary Grants"). 97 340 49 App. 1603(note) Dec. 8 98–213 10 97 1461 49 App. 1389 Date Chapter or Public Law Section Statutes at Large U.S. Code Volume Page Title Section 1984 Aug. 22 98–396 101(par. under heading “Urban Mass Transportation Administration”). 98 1400 49 App. 1604 Oct. 4 98–443 3, 4, 6, 7, 9(a)–(d), (r)–(u), 10–16. 98 1703, 1705, 1706, 1708, 1709. 49 App. 1159a, 1159b, 1301, 1304, 1305, 1377, 1381, 1382, 1388, 1389, 1389(note), 1537, 1551, 1551(note), 1553–1557, 2423(note) Oct. 11 98–464 98 1821 49 App. 1681, 1682(note), 1683, 1684, 2009, 2010, 2012, 2013 Oct. 12 98–473 2013(c), 2014 98 2189 49 App. 1301, 1471, 1472 Oct. 19 98–499 98 2312 49 App. 1301(note), 1401, 1422, 1429, 1472, 1903 Oct. 25 98–547 101 98 2755 15 1901, 2021–2034 Oct. 30 98–554 101–106, 202–212, 214–224, 228–231. 98 2829, 2832, 2844, 2852. 49 10927(notes) 49 App. 2301, 2301(note), 2311, 2312, 2314, 2316, 2501–2521 98–559 98 2907 49 App. 1808, 1812, 1813 98–575 98 3055 49 App. 2601, 2601(note), 2602–2622 Nov. 8 98–620 402(17), (18), (51) 98 3358, 3361 15 1415, 2003, 2305 1985 Aug. 8 99–83 551(a), (b), 552, 553, 556 99 222, 226, 227 49 App. 1356, 1356b, 1471, 1515, 1515(note), 1515a, 1556 Aug. 15 99–88 100(1st complete par. on p. 352). 99 352 49 App. 1371a Dec. 5 99–170 301 99 1018 49 App. 2623 Dec. 19 99–190 317, 326, 328 99 1286, 1289 49 App. 1519, 1604, 1614 1986 Apr. 7 99–272 4002–4008, 4012–4016, 4017(b), 4018, 7001–7005, 13031(h). 100 106, 109, 110, 111, 139, 310. 45 502, 544, 545, 546, 562–565, 601, 644 49 App. 1654, 1674, 1682a, 1684, 2004, 2013 July 2 99–349 101(par. under heading “Urban Mass Transportation Administration”). 100 745 Aug. 22 99–386 205 100 823 49 App. 1307 Oct. 2 99–435 100 1080 49 App. 1301(note), 1374, 1374(note) Oct. 18 99–500 101(l)[H.R. 5205, §324] 100 1783–308 49 App. 2311 Date Chapter or Public Law Section Statutes at Large U.S. Code Volume Page Title Section Oct. 22 99–514 1893(f) 100 2930 49 App. 1741 99–516 100 2965 49 App. 1672, 1680, 1684, 2002, 2009, 2013 Oct. 27 99–570 3401, 12001–12011, 12013–12020. 100 3207–99, 3207–170, 3207–186. 49 App. 1401, 1401(note), 1472, 1474, 1509, 1509(note), 2304, 2701, 2701(note), 2702–2718 Oct. 28 99–579 100 3309 15 1901(note), 1982, 1988, 1988(note), 1990b, 1990c Oct. 30 99–591 101(l)[H.R. 5205, §324] 100 3341–308 49 App. 2311 Nov. 10 99–646 87(d)(8) 100 3624 49 App. 1472 Nov. 14 99–654 3(b)(8) 100 3664 49 App. 1472 1987 Apr. 2 100–17 133(a)(7), (c)(2), 135(h), 205, 209, 301–328. 101 171, 172, 174, 220, 222. 49 App. 1601(note), 1602, 1602(note), 1603, 1604, 1607a, 1607a-1, 1607c, 1608, 1608(note), 1612–1614, 1617, 1619–1621, 1655, 2204(note), 2311, 2314, 2716 July 11 100–71 (last proviso under heading “Grants to the National Railroad Passenger Corporation”). 101 447 45 562(note) Sept. 30 100–121 101 792 49 App. 1472 Oct. 30 100–147 120 101 868 49 App. 2623 100–148 101 878 49 App. 1542 Dec. 22 100–202 317(a), 328, 106 101 1329–380, 1329–382, 1329–433. 49 App. 308(note) 49 App. 1374, 2311 Dec. 30 100–223 101, 102(a)–(c), 103–105(g), 106–116, 201–207, 301–306, 308–311, 315. 101 1487, 1488, 1494, 1526, 1532. 23 401(note) 49 334 Date Chapter or Public Law Section Statutes at Large U.S. Code Volume Page Title Section 49 App. 1301, 1348(notes), 1354, 1389, 1389(note), 1421, 1421(notes), 1471, 1472, 1475, 1475(note), 1501, 1903, 1903(note), 2104, 2104(note), 2201–2203, 2203(note), 2204, 2204(note), 2205, 2205(note), 2206–2208, 2210–2212, 2218, 2222(note), 2224–2227 1988 June 22 100–342 102 624 23 401(note) 45 1–14, 16, 22–24, 28, 29, 32, 34, 38–40, 43, 43a, 61, 62, 62(note), 63, 64, 64a, 421(note), 431, 431(note), 437, 438, 438(note), 440, 441, 444, 445, 541, 543, 543, 543(note), 548, 602, 650a, 650a(note), 854 49 App. 26 July 19 100–372 102 876 49 App. 1901(note), 1903, 1906, 1907 Aug. 23 100–418 10011–10013 102 1573 49 App. 1159b Sept. 30 100–457 317(a), 336, 346 102 2148, 2153, 2155. 45 581 49 308(note) 49 App. 1551, 1553 Oct. 14 100–494 6–8 102 2448 15 2001, 2002, 2006, 2006(note), 2013, 2512(note) Oct. 31 100–561 1, 101–108(b), 109, 110, 201–211, 301–306, 308, 401. 102 2805, 2809, 2817. 15 1988 49 101(note prec.) Date Chapter or Public Law Section Statutes at Large U.S. Code Volume Page Title Section 49 App. 1671(note), 1672, 1672(note), 1674, 1676, 1679a, 1680, 1680(note), 1681, 1684, 1687, 2002, 2004, 2007, 2009–2011, 2013, 2015, 2015(note) 100–562 (less 2(e)(3)) 102 2818 15 1381(note), 1397, 1397(notes) Nov. 3 100–591 102 3011 49 106 49 App. 1301(note), 1353, 1353(note), 2205 Nov. 15 100–657 102 3900 49 App. 2601(note), 2603, 2603(note), 2614, 2615, 2615(note) Nov. 17 100–685 213, 601–604 102 4093, 4102 49 App. 1353(note), 2623 Nov. 18 100–690 6076(a), 7201–7207(c)(3), 7208, 7209, 7211(a), (c), 7212–7214, 9102(a), (b), 9103–9110, 9112. 102 4324, 4424, 4429, 4433, 4528, 4529, 4534. 49 334, 10927(note) 49 App. 782, 1301(note), 1303, 1303(note), 1354, 1401, 1401(note), 1422, 1425, 1429, 1471, 1472, 2505, 2505(notes), 2507, 2510(note), 2521, 2521(note), 2706(note) 1989 June 30 101–45 501(proviso in par. under heading "Payments Air Carriers"). 103 109 49 App. 1389(note) Aug. 4 101–71 103 181 49 App. 2201(note), 2212, 2212(note) Nov. 21 101–164 331, 334(c), 335, 340 103 1097, 1098, 1099. 49 App. 1374, 1374(note), 1607a(note), 1619, 2205(note) Dec. 11 101–213 103 1843 45 1321 49 App. 1651(note), 1654, 1654(note) Dec. 15 101–236 1, 2, 4 103 2060, 2061 49 App. 1421, 1475, 2210 1990 May 4 101–281 104 164 49 App. 1475, 1475(note), 2210 July 6 101–322 2, 3 104 295 45 601, 649 Date Chapter or Public Law Section Statutes at Large U.S. Code Volume Page Title Section Aug. 15 101–370 104 451 49 App. 1357, 1475, 1482(note) Aug. 18 101–380 4105(a) 104 512 23 401(note) Nov. 3 101–500 2–14, 15(b), (d), (g)(1) 104 1213, 1218, 1219, 1221. 49 App. 1814, 2501(note), 2801, 2801(note), 2802–2812 Nov. 5 101–508 9102–9105, 9107–9112(b), 9113–9115, 9118, 9121–9123, 9124 “Sec. 613(c)”, 9125, 9127, 9129–9131, 9202–9205, 9207–9209, 9301–9309, 10501. 104 1388–354, 1388–355, 1388–363, 1388–365, 1388–370, 1388–371, 1388–372, 1388–375, 1388–399. 45 444, 447 49 App. 1307, 1344, 1348(note), 1353, 1357, 1371, 1389, 1433, 1513, 2151, 2151(note), 2152–2158, 2201–2206, 2226a-2226d, 2227 101–516 101(1st sentence last proviso, 2d-last sentences in par. under heading "Facilities and Equipment"), 324, 327(a), 330(a). 104 2160, 2182, 2184. 49 App. 1348(note), 1354a, 2205(note), 2311 Nov. 16 101–599 1 104 3038 49 App. 1672, 2002 101–604 101(a), (b), 102–111, 203(a)–(c). 104 3067, 3068, 3082. 49 App. 1356, 1357, 1357(notes), 1358a-1358d, 1358d(note), 1380, 1380(note), 1432, 1515, 1652b, 1652b(note) 101–610 601(a) 104 3185 45 546 101–611 117 104 3202 49 App. 2601, 2602, 2604, 2614, 2623 101–615 3–20, 22–24, 27, 28 104 3245, 3271, 3276. 45 435, 439 49 App. 1802, 1804, 1805, 1805(note), 1806–1813, 1813(note), 1815–1819, 2509 Nov. 28 101–641 2–7, 9 104 4654, 4658 15 1988, 1988(note) 45 562 49 App. 1657–1, 1903, 1905, 1907 Nov. 29 101–647 1704 104 4846 45 446 1991 Oct. 28 102–143 101(1st sentence last proviso, 2d-last sentences in par. under heading "Facilities and Equipment"), 324, 336, 346, 349, 401–405, 3–5(a), 6. 105 922, 943, 947, 949, 951, 953, 962. 45 431 Date Chapter or Public Law Section Statutes at Large U.S. Code Volume Page Title Section 49 App. 1354a, 1357(note), 1421(note), 1434, 1618a, 2104, 2157, 2205(note), 2717 Dec. 9 102–195 13 105 1613 49 App. 2623 Dec. 18 102–240 2, 2501, 2504, 2505, 2508, 3005, 3006(a), (b), (d)–(h), 3007–3013, 3015–3030, 4002–4004, 4006, 4007(b), (f), 4008–4010, 4014, 5002(b), (c), 5003, 6021–6024. 105 1914, 2081, 2083, 2084, 2088, 2089, 2108, 2140, 2148, 2152, 2153, 2158, 2184. 15 1392(j), 1392(notes), 1413, 1414 49 101(note), 301(notes), 11506(note) 49 App. 1601–1603, 1607, 1607a, 1607a-1, 1607c, 1608, 1608(note), 1612, 1614, 1617–1619, 1622–1625, 2302, 2302(notes), 2303, 2304, 2304(note), 2306, 2307, 2311, 2312, 2511a, 2708, 2716, 2718 1992 Aug. 26 102–345 2(a), (b), 3, 4 106 923, 925 49 App. 1422, 1429, 1471, 1475 Sept. 3 102–365 2–4(a)(3), (c), 5(a), (b), 7–9(a), 10, 12, 14, 15, 18. 106 972, 974, 975, 976, 978, 980, 982. 45 6, 10, 13, 34, 38(note), 39, 43, 64a, 431, 431(note), 437(note), 438, 441, 444 49 App. 26, 1654 Sept. 23 102–368 801 106 1131 49 App. 1607c Oct. 6 102–388 (last proviso of 1st sentence, 2d-last sentences, in par. under heading "Facilities and Equipment"), 324, 355, 362, 501, 502(a), (c)–(r), 503(2). 106 1525, 1547, 1556, 1560, 1566, 1567. 15 1950 49 App. 1348a, 1354a, 1602, 1607, 1607a, 1608, 1612, 1614, 1617, 1622, 2205(note) Oct. 24 102–486 403 106 2876 15 2001, 2002, 2006, 2013 Date Chapter or Public Law Section Statutes at Large U.S. Code Volume Page Title Section 102–508 101–115(a), (c), 116–118, 201–216, 301, 303, 304(a), (b), 501–507. 106 3290, 3297, 3307, 3311. 49 App. 1671, 1671(note), 1672–1674, 1678, 1679a, 1679b, 1679b(note), 1680, 1681, 1683–1685, 1687, 1688, 1802, 1805, 1812, 1813, 1816, 1819, 1903, 2001, 2001(note), 2002–2004, 2007, 2008, 2008(note), 2009, 2010, 2012, 2013 Oct. 25 102–519 201–204, 301–306 106 3389 15 2021–2023, 2025, 2026a, 2026a(note), 2026b, 2026b(note), 2026c, 2027–2034, 2041–2044 Oct. 27 102–533 2–10, 14 106 3515, 3522 45 431, 502, 544, 546, 563, 601, 602, 650, 650b, 650c, 856 Oct. 28 102–548 2(a), (c)–(e) 106 3646, 3648 49 501, 508, 508(note) Oct. 31 102–581 101–103(d), 105–107(c), 108–112(b), 113–120, 124, 125, 136, 201–203(a), 205, 208, 302, 401, 402. 106 4875, 4877, 4879, 4881, 4885, 4889, 4894, 4895, 4897. 49 App. 1302, 1344, 1348, 1348(note), 1354(note), 1357, 1421(note), 1471, 1501, 1513, 1532, 1534, 1542, 2153, 2158, 2201–2208, 2210, 2210(note), 2211, 2212, 2226b, 2226c, 2227 Nov. 4 102–588 211, 503, 505 106 5115, 5124 15 5804 49 App. 2615, 2623 Revised Statutes Section United States Code Title Section 5256 45 81 5257 45 82 5258 45 84 5259 45 85 5260 45 86 5261 45 87 5262 45 88 Year Plan No. Section Statutes at Large Volume Page 1950 13 64 1266 1961 3 75 837 1965 3 79 1320 1968 2 1(a)(1), (2) 82 1369

  30. Pub. L. 104–317 title VI § 605(b)(2) · 110 Stat. 3847

    1. Substituted · 45 U.S.C. § 743(d)

      Pub. L. 104–317 substituted “Appeal” for “Review” in heading

    2. Amended · 45 U.S.C. § 743(d)

      Pub. L. 104–317 amended text generally. Prior to amendment, text read as follows: “A finding or determination entered by the special court pursuant to subsection (c) of this section or section 746 of this title shall be reviewable only upon petition for a writ of certiorari to the Supreme Court of the United States. Such review is exclusive and any such petition shall be filed in the Supreme Court not more than 20 days after entry of such finding or determination.”

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 104–317 substituted “Appeal” for “Review” in heading and amended text generally. Prior to amendment, text read as follows: “A finding or determination entered by the special court pursuant to subsection (c) of this section or section 746 of this title shall be reviewable only upon petition for a writ of certiorari to the Supreme Court of the United States. Such review is exclusive and any such petition shall be filed in the Supreme Court not more than 20 days after entry of such finding or determination.”

    Enacted provision · exact public law section
    (2) Section 303 of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 743) is amended by striking out subsection (d) and inserting in lieu thereof the following: “(d) Appeal.— An order or judgment entered by the United States District Court for the District of Columbia pursuant to subsection (c) of this section or section 306 shall be reviewable in accordance with sections 1291, 1292, and 1294 of title 28, United States Code.”.

    Effective date note
    Amendment by Pub. L. 104–317 effective 90 days after Oct. 19, 1996, and except as otherwise provided, applicable to proceedings that arise or continue after such effective date, see section 605(e) of Pub. L. 104–317, set out as a note under section 719 of this title.

51 of 51 references resolved to an enrolled provision

Editorial Notes

References in Text

Section 77 of the Bankruptcy Act, referred to in subsecs. (b)(3)(B) and (c)(1)(A)(ii), was classified to section 205 of former Title 11, Bankruptcy. The Bankruptcy Act (act July 1, 1898, ch. 541, 30 Stat. 544, as amended) was repealed effective , by Pub. L. 95–598, §§ 401(a), 402(a), , 92 Stat. 2682, section 101 of which enacted revised Title 11. For current provisions relating to railroad reorganization, see subchapter IV (§ 1161 et seq.) of chapter 11 of Title 11.

Section 775 of this title, referred to in subsec. (b)(6)(A), was repealed by Pub. L. 97–35, title XI, § 1144(a)(1), , 95 Stat. 669.

The Employee Retirement Income Security Act of 1974, referred to in subsec. (b)(6)(A), is Pub. L. 93–406, , 88 Stat. 829. Title IV of the Employee Retirement Income Security Act of 1974 is classified principally to subchapter III (§ 1301 et seq.) of chapter 18 of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under section 1001 of Title 29 and Tables.

Codification

The amendments made by section 612(i)(4) of Pub. L. 94–210 could be read as substituting “certificates of value” for “obligations” in subsecs. (b)(3)(A), (b)(5), and (b)(6), as added by section 612(a) and (l) of Pub. L. 94–210. However, this substitution is not appropriate in the context of the new subsecs. (b)(3)(A), (b)(5), and (b)(6).

Amendments1975–1996 · 9 rounds

1996

Subsec. (d). Pub. L. 104–317 substituted “Appeal” for “Review” in heading and amended text generally. Prior to amendment, text read as follows: “A finding or determination entered by the special court pursuant to subsection (c) of this section or section 746 of this title shall be reviewable only upon petition for a writ of certiorari to the Supreme Court of the United States. Such review is exclusive and any such petition shall be filed in the Supreme Court not more than 20 days after entry of such finding or determination.”

1994

Subsec. (e). Pub. L. 103–272 struck out “title VII of the Railroad Revitalization and Regulatory Reform Act of 1976 or of” before “section 791(d)”.

1988

Subsec. (d). Pub. L. 100–352 substituted “Review” for “Appeal” in heading and amended text generally. Prior to amendment, text read as follows: “A finding or determination entered by the special court pursuant to subsection (c) of this section or section 746 of this title may be appealed directly to the Supreme Court of the United States in the same manner that an injunction order may be appealed under section 1253 of title 28: Provided, That such appeal is exclusive and shall be filed in the Supreme Court not more than 20 days after such finding or determination is entered by the special court. The Supreme Court shall dismiss any such appeal within 7 days after the entry of such an appeal if it determines that such an appeal would not be in the interest of an expeditious conclusion of the proceedings and shall grant the highest priority to the determination of any such appeals which it determines not to dismiss.”

1981

Subsec. (c). Pub. L. 97–35 struck out all references to securities wherever appearing in text, and reference to share of series B preferred stock.

1979

Subsec. (b)(6)(B). Pub. L. 96–73 inserted provisions which limited coverage to amount that does not exceed in death benefits amount equal to twice the employee’s annual salary at time of retirement or $60,000, whichever is lower, provided for maintenance of regional coverage, and in cases of lapsed coverage due to nonpayment of premiums prescribed the same limitation for claims arising during the lapsed period or thereafter.

1978

Subsec. (b)(6). Pub. L. 95–597 redesignated existing provisions as subpar. (A), redesignated clauses (A) and (B) as (i) and (ii), respectively, and added subpar. (B).

1977

Subsec. (d). Pub. L. 95–199 substituted “entered by the special court pursuant to subsection (c) of this section or section 746 of this title” for “entered pursuant to subsection (c) of this section”.

1976

Subsec. (a)(1). Pub. L. 94–210, § 612(c)(1), (i), inserted “or any subsidiary thereof” before “, shall deposit”, and substituted “certificates of value issued by” for “obligations of”.

Subsec. (a)(2). Pub. L. 94–210, § 612(d)(1), inserted reference to each State or responsible person (including a governmental entity).

Subsec. (b)(1). Pub. L. 94–210, § 612(c)(2), (d)(2), (i), (o), (p), inserted “or any subsidiary thereof” after “to the Corporation”, “States, and responsible persons” before “order the trustee”, and provisions relating to orders of the trustee or trustees to execute and deliver deeds or other instruments conveying rail properties, and substituted “person leased” for “railroad leased”, “, the respective profitable railroads operating in the region, States, and responsible persons” for “and the respective profitable railroads operating in the region”, and “certificates of value issued by” for “obligations of”.

Subsec. (b)(2). Pub. L. 94–210, § 612(c)(2), (d)(3), inserted “or any subsidiary thereof” after “Corporation” and reference to States and responsible persons.

Subsec. (b)(3). Pub. L. 94–210, § 612(a), redesignated existing provisions as subpar. (A)(ii), made changes in phraseology, inserted definition of “railroad rolling stock” and struck out provisions relating to affect of chapter on title and interests of any lessor, etc., and added subpar. (A)(i) and (B).

Subsec. (b)(4). Pub. L. 94–210, § 612(d)(4), (k), inserted “all future liability under such lease and” after “is made assumes”, and substituted “, profitable railroad, State, or responsible person” for “or the profitable railroad”.

Subsec. (b)(5), (6). Pub. L. 94–210, § 612(l), added pars. (5) and (6).

Subsec. (b)(6). Pub. L. 94–555, § 204, inserted provisions entitling the Corporation to a loan to fund accrued, non-guaranteed pension benefits under all plans transferred or assigned to the Corporation, whether terminated or not, and such loan is to be charged to the estate of railroad in reorganization as an administrative expense.

Subsec. (c)(1). Pub. L. 94–210, § 612(c)(3), (d)(5), (6), (i), (q)(1), (2), in introductory text inserted “or any subsidiary thereof” after “Corporation” and inserted reference to States and responsible persons, in subpar. (A)(i) inserted “or any subsidiary thereof” after “Corporation” and “, certificates of value” after “securities”, and inserted provision relating to consideration of compensable unconstitutional erosion, in subpar. (A)(ii) inserted reference to State or responsible person, and provision relating to compensation and other benefits accruing to such transferor as a result of the exchange, and in subpar. (C) inserted “or any subsidiary thereof” after “Corporation”.

Subsec. (c)(2). Pub. L. 94–210, § 612(c)(4), (e), (i), (q)(3), in introductory text inserted reference to certificates of value and provision relating to consideration of compensable unconstitutional erosion, and substituted “may” for “shall”, in subpar. (A) inserted reference to any subsidiary of a Corporation, exception relating to allocation to each such railroad of preferred stock, etc., “, certificates of value” after “securities” and “and certificates of value” after “of the Corporation”, in subpar. (B) inserted “and certificates of value” after “Corporation’s securities” and “, certificates of value” after “other securities”, and substituted “certificates of value issued by the Association” for “obligations of the Association”, and in subpar. (C) generally revised criteria for entering a judgment against the Corporation.

Subsec. (c)(2)(A). Pub. L. 94–555, § 220(b)(1), (2), substituted “securities and certificates of value” for “securities and certificates of value of the Corporation and certificates of value” after “reallocating the” and “they have” for “it has” after “equitable manner”.

Subsec. (c)(2)(B). Pub. L. 94–555, § 220(b)(3), (4), substituted “securities and certificates of value” for “Corporation’s securities, certificates of value” after “reallocation of”, and substituted “other securities” for “other securities and certificates of value” after “the railroad of”.

Subsec. (c)(3). Pub. L. 94–555, § 220(b)(5), substituted “subsection (a)(2) of this section” for “section 303(a)(2)”, in the original, necessitating no change in text.

Pub. L. 94–210, § 612(d)(7), (i), (n), (q)(4), inserted references to States or responsible persons wherever appearing, provisions relating to unreimbursed payments made by the profitable railroad on behalf of the transferor railroad in reorganization, provisions relating to consideration by the special court of compensable unconstitutional erosion, and “certificates of value” after “securities”, and substituted “certificates of value” for “obligations”.

Subsec. (c)(4). Pub. L. 94–210, § 612(d)(8), (h), (i), inserted “, States, and responsible persons” after “profitable railroads” and “and to persons leased, operated, or controlled by such railroads who so transferred or conveyed rail properties” after “region”, and substituted “(a)” for “(b)” and “certificates of value” for “obligations”.

Subsec. (c)(5). Pub. L. 94–436, § 3, restructured first sentence limiting indemnification of United States to judgments against Corporation or any subsidiary entered pursuant to par. (2) and to judgments against the National Railroad Passenger Corporation, profitable railroads, a State, or any responsible person entered pursuant to par. (3).

Pub. L. 94–210, § 612(f), added par. (5).

Subsec. (c)(6). Pub. L. 94–555, § 202(b), added par. (6).

Subsec. (d). Pub. L. 94–210, § 612(g), substituted “20” for “5”.

Subsec. (e). Pub. L. 94–436, § 5, inserted, after “section 745 of this title” in second parenthetical expression, “or which are made at any time to carry out the purposes of title VII of the Railroad Revitalization and Regulatory Reform Act of 1976 or section 791 of this title”.

Pub. L. 94–210, § 601(d), added subsec. (e).

1975

Subsec. (c)(1)(C). Pub. L. 94–5 added subpar. (C).

Statutory Notes and Related Subsidiaries

Effective Date of 1996 Amendment

Amendment by Pub. L. 104–317 effective 90 days after , and except as otherwise provided, applicable to proceedings that arise or continue after such effective date, see section 605(e) of Pub. L. 104–317, set out as a note under section 719 of this title.

Effective Date of 1988 Amendment

Amendment by Pub. L. 100–352 effective ninety days after , except that such amendment not to apply to cases pending in Supreme Court on such effective date or affect right to review or manner of reviewing judgment or decree of court which was entered before such effective date, see section 7 of Pub. L. 100–352, set out as a note under section 1254 of Title 28, Judiciary and Judicial Procedure.

Effective Date of 1981 Amendment

Amendment by Pub. L. 97–35 effective , see section 1169 of Pub. L. 97–35, set out as an Effective Date note under section 1101 of this title.

Effective Date of 1979 Amendment

Pub. L. 96–73, title V, § 501(b), , 93 Stat. 558, provided that: “The amendments made by section 204 of this Act [enacting subsec. (b)(6)(B) of this section and section 721(h)(1)(A)(viii), (6) of this title] shall be effective as of the date of enactment [] of Pub. L. 95–597.”

Effective Date of 1976 Amendment

Amendment by Pub. L. 94–555 effective , see section 303 of Pub. L. 94–555, set out as a note under section 702 of this title.

Abolition of Special Court, Regional Rail Reorganization Act of 1973, and Transfer of Functions

Special court abolished and all jurisdiction and functions transferred to United States District Court for District of Columbia, see section 719(b)(2) 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
Cases Pending in Special Court

For applicability of amendment by Pub. L. 104–317 to cases pending in special court established under section 719(b) of this title, see section 605(d) of Pub. L. 104–317, set out as a note under section 719 of this title.

Administrative Claim Status

Pub. L. 95–597, § 2, , 92 Stat. 2548, provided that:

“The conferring of administrative claim status on amounts paid for the insurance premiums and benefits described in the amendment made by the first section of this Act [amending this section] shall be effective solely for purposes of meeting the conditions set forth in section 211(h)(4)(A)(iii) of the Regional Rail Reorganization Act of 1973 [section 721(h)(4)(A)(iii) of this title] with respect to which obligations of the estate of a railroad in reorganization may be paid pursuant to such section 211(h) [section 721(h) of this title], and shall not be construed—

“(1)

as affecting the jurisdiction of the district court having jurisdiction over such a railroad in reorganization to determine whether such insurance premiums and benefits constitute enforceable contractual obligations of the estate of such a railroad for purposes of reimbursement under such section 211(h) [section 721(h) of this title]; or

“(2)

as establishing or reordering any priority which a claim against the estate of such a railroad for reimbursement for the amounts paid for such insurance premiums and benefits may or may not have under the provisions of the Bankruptcy Act [section 1 et seq. of former Title 11, Bankruptcy] or any other law.”

Corporation as Successor in Interest

Pub. L. 95–597, § 3, , 92 Stat. 2548, provided that: “Notwithstanding any other provision of law, any corporation which, pursuant to a plan of reorganization under section 77 of the Bankruptcy Act [section 205 of former Title 11, Bankruptcy], is the successor in interest to a railroad in reorganization shall have standing to assert, in any judicial or administrative proceeding, any claim or defense available to such railroad in reorganization with respect to whether the insurance benefits and premiums described in the amendment made by the first section of this Act [amending this section] constitute enforceable contractual obligations of the estate of such railroad in reorganization. For purposes of this section, the term ‘railroad in reorganization’ has the meaning given such term in paragraph (14) of section 102 of the Regional Rail Reorganization Act of 1973 [section 702(14) 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.

Credits

1974–1996 · 12 acts
  1. 1974Pub. L. 93–236, title III, § 303, , 87 Stat. 1005
  2. 1975Pub. L. 94–5, § 8, , 89 Stat. 9
  3. 1976Pub. L. 94–210, title VI §§ 601(d), 612(a), (c)–(i), (k), (l), (n)–(q), , 90 Stat. 84, 107–111
  4. 1976Pub. L. 94–436, §§ 3, 5, , 90 Stat. 1398, 1399
  5. 1976Pub. L. 94–555, title II, §§ 202(b), 204, 220(b), , 90 Stat. 2616, 2620, 2629
  6. 1977Pub. L. 95–199, § 4, , 91 Stat. 1424
  7. 1978Pub. L. 95–597, § 1, , 92 Stat. 2547
  8. 1979Pub. L. 96–73, title II, § 204(a), , 93 Stat. 556
  9. 1981Pub. L. 97–35, title XI, § 1167(a), , 95 Stat. 686
  10. 1988Pub. L. 100–352, § 6(e), , 102 Stat. 664
  11. 1994Pub. L. 103–272, § 7(b), , 108 Stat. 1379
  12. 1996Pub. L. 104–317, title VI, § 605(b)(2), , 110 Stat. 3858.
Show as published

(Pub. L. 93–236, title III, § 303, , 87 Stat. 1005; Pub. L. 94–5, § 8, , 89 Stat. 9; Pub. L. 94–210, title VI §§ 601(d), 612(a), (c)–(i), (k), (l), (n)–(q), , 90 Stat. 84, 107–111; Pub. L. 94–436, §§ 3, 5, , 90 Stat. 1398, 1399; Pub. L. 94–555, title II, §§ 202(b), 204, 220(b), , 90 Stat. 2616, 2620, 2629; Pub. L. 95–199, § 4, , 91 Stat. 1424; Pub. L. 95–597, § 1, , 92 Stat. 2547; Pub. L. 96–73, title II, § 204(a), , 93 Stat. 556; Pub. L. 97–35, title XI, § 1167(a), , 95 Stat. 686; Pub. L. 100–352, § 6(e), , 102 Stat. 664; Pub. L. 103–272, § 7(b), , 108 Stat. 1379; Pub. L. 104–317, title VI, § 605(b)(2), , 110 Stat. 3858.)

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