
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 45USC711]

 
                           TITLE 45--RAILROADS
 
                CHAPTER 16--REGIONAL RAIL REORGANIZATION
 
            SUBCHAPTER II--UNITED STATES RAILWAY ASSOCIATION
 
Sec. 711. Formation and structure


(a) Establishment

    There is established, in accordance with the provisions of this 
section, an incorporated nonprofit association to be known as the United 
States Railway Association.

(b) Administration

    The Association shall be directed by a Board of Directors. The 
individuals designated, pursuant to subsection (d)(2) of this section, 
as the Government members of such Board shall be deemed the 
incorporators of the Association and shall take whatever steps are 
necessary to establish the Association, including filing of articles of 
incorporation, and serving as an acting Board of Directors for a period 
of not more than 45 days after the date of incorporation of the 
Association.

(c) Status

    The Association shall be a government corporation of the District of 
Columbia subject, to the extent not inconsistent with this subchapter, 
to the District of Columbia Nonprofit Corporation Act [D.C. Code, 
Sec. 29-501 et seq.]. Except as otherwise provided, employees of the 
Association shall not be deemed employees of the Federal Government. The 
Association shall have succession until dissolved by Act of Congress, 
shall maintain its principal office in the District of Columbia, and 
shall be deemed to be a resident of the District of Columbia with 
respect to venue in any legal proceeding.

(d) Board of Directors

    (1) The Board of Directors of the Association shall consist of five 
individuals, as follows:
        (A) The Chairman, who shall be the individual serving as 
    Chairman on August 13, 1981, until the expiration of his term of 
    office or his resignation, or his replacement, who shall be selected 
    by the outgoing Chairman and the other members of the Board.
        (B) The Secretary of Transportation.
        (C) The Comptroller General of the United States.
        (D) The Chairman of the Commission.
        (E) The Chairman of the Board of Directors of the Corporation.

    (2) The Chairman may not have any employment or other direct 
financial relationship with any freight railroad. The Chairman shall 
receive $300 per diem when engaged in the actual performance of his 
duties plus reimbursement for travel, subsistence, and other necessary 
expenses incurred in the performance of such duties.

(e) Term of office

    The term of office of the Chairman of the Board of Directors of the 
Association shall expire on December 31, 1987. The Chairman may be 
reappointed and the term of the Chairman shall be 3 years.

(f) Quorum

    Three members of the Board of Directors, or their representatives, 
shall constitute a quorum for the transaction of any function of the 
Association.

(g) Assumption of Finance Committee functions

    The Board of Directors shall, on August 13, 1981, assume the 
functions previously performed by the Finance Committee.

(h) Representation at meetings

    The members of the Board of Directors may send representatives to 
meetings of such Board, and such representatives may exercise full 
powers of the members.

(i) Miscellaneous \1\
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    \1\ See Codification note below.
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    (1) The Association shall have a seal which shall be judicially 
recognized.
    (2) The Administrator of General Services shall furnish the 
Association with such offices, equipment, supplies, and services as he 
is authorized to furnish to any other agency or instrumentality of the 
United States.
    (3) The Secretary is authorized to transfer to the Association or 
the Corporation rights in intellectual property which are directly 
related to the conduct of the functions of the Association or the 
Corporation, to the extent that the Federal Government has such rights 
and to the extent that transfer is necessary to carry out the purposes 
of this chapter.
    (4) Any reference in this chapter to the Chairman of the Commission 
is to the Chairman of the Commission or the person who is at the time 
performing the duties of the Chairman of the Commission in accordance 
with law.

(j) Use of names \1\

    No person, except the Association, shall hereafter use the words 
``United States Railway Association'' as a name for any business 
purpose. Violations of this provision may be enjoined by any court of 
general jurisdiction in an action commenced by the Association. In any 
such action, the Association may recover any actual damages flowing from 
such violation, and, in addition, shall be entitled to punitive damages 
(regardless of the existence or nonexistence of actual damage) in an 
amount not to exceed $100 for each day during which such violation was 
committed. The district courts of the United States shall have 
jurisdiction over actions brought under this subsection, without regard 
to the amount in controversy or the citizenship of the parties.

(Pub. L. 93-236, title II, Sec. 201, Jan. 2, 1974, 87 Stat. 988; Pub. L. 
94-210, title VI, Secs. 603(a), (b), 607(a), 612(j)(2), Feb. 5, 1976, 90 
Stat. 88, 96, 109; Pub. L. 94-555, title II, Sec. 211(b)-(e), Oct. 19, 
1976, 90 Stat. 2624; Pub. L. 95-611, Sec. 2, Nov. 8, 1978, 92 Stat. 
3089; Pub. L. 96-448, title V, Sec. 508(c), Oct. 14, 1980, 94 Stat. 
1957; Pub. L. 97-35, title XI, Sec. 1147, Aug. 13, 1981, 95 Stat. 673; 
Pub. L. 98-181, title II, Sec. 2003(c)(1), Nov. 30, 1983, 97 Stat. 1297; 
Pub. L. 99-190, Sec. 101(e) [title III, Sec. 332], Dec. 19, 1985, 99 
Stat. 1267, 1290.)

                       References in Text

    The District of Columbia Nonprofit Corporation Act, referred to in 
subsec. (c), is Pub. L. 87-569, Aug. 6, 1962, 76 Stat. 265, as amended, 
which appears in chapter 5 (Sec. 29-501 et seq.) of Title 29, 
Corporations, of the District of Columbia Code.

                          Codification

    Section 1147 of Pub. L. 97-35 directed that subsecs. (d) to (i) be 
struck out and replaced by new subsecs. (d) to (h), and that subsecs. 
(j) and (k) be redesignated (g) and (h), respectively. Because a literal 
execution of the amendment would result in two subsections designated 
(g) and two subsections designated (h), and to reflect the probable 
intent of Congress, subsecs. (j) and (k) have been editorially 
redesignated (i) and (j), respectively.


                               Amendments

    1985--Subsec. (d)(2). Pub. L. 99-190, Sec. 101(e) [title III, 
Sec. 332(1)], inserted ``freight'' before ``railroad''.
    Subsec. (e). Pub. L. 99-190, Sec. 101(e) [title III, Sec. 332(2)], 
substituted ``1987'' for ``1985''.
    1983--Subsec. (e). Pub. L. 98-181 substituted ``1985'' for ``1983''.
    1981--Subsec. (d). Pub. L. 97-35 substituted provisions respecting a 
five-member board for provisions respecting an eleven-member board.
    Subsec. (e). Pub. L. 97-35 substituted provisions respecting term of 
office and reappointment of Chairman for provisions respecting term of 
office of Chairman and nongovernmental members, reappointment of 
members, and vacancies.
    Subsec. (f). Pub. L. 97-35 substituted provisions respecting three-
member quorum requirement for provisions respecting six-member quorum 
requirement.
    Subsec. (g). Pub. L. 97-35 substituted provisions relating to 
assumption of Finance Committee functions for provisions relating to 
appointment of the President of the Association. See Codification note 
above.
    Subsec. (h). Pub. L. 97-35 substituted provisions relating to 
representation at meetings for provisions relating to the executive 
committee of the Board of Directors. See Codification note above.
    Subsec. (i). Pub. L. 97-35 redesignated subsec. (j) as (i). Former 
subsec. (i), which related to membership, functions, etc., of the 
Finance Committee, was struck out. See Codification note above.
    Subsecs. (j), (k). Pub. L. 97-35 redesignated former subsecs. (j) 
relating to miscellaneous provisions, and (k) relating to use of names, 
as (i) and (j), respectively. See Codification note above.
    1980--Subsec. (d)(2). Pub. L. 96-448, Sec. 508(c)(1), inserted 
provision authorizing Secretary of Transportation to act directly or 
through the General Counsel of Department of Transportation, the Federal 
Railroad Administrator, or the Deputy Administrator of the Federal 
Railroad Administration and substituted provision authorizing Secretary 
of the Treasury to act directly or through an officer of Department of 
the Treasury who has been appointed with the advice and consent of the 
Senate for provision authorizing Secretary of the Treasury to act 
directly or through Deputy Secretary of the Treasury.
    Subsec. (i). Pub. L. 96-448, Sec. 508(c)(2), substituted ``in the 
case of the Secretary, through the Deputy Secretary of Transportation, 
the General Counsel of the Department of Transportation, the Federal 
Railroad Administrator, or the Deputy Administrator of the Federal 
Railroad Administration, and, in the case of the Secretary of the 
Treasury, through an officer of the Department of the Treasury who has 
been appointed with the advice and consent of the Senate'' for ``through 
their respective Deputy Secretaries''.
    Subsec. (j)(4). Pub. L. 96-448, Sec. 508(c)(3), struck out provision 
that any reference in this chapter to Secretary of the Treasury is to 
Secretary of the Treasury or person who is at time performing duties of 
the Office of Secretary of the Treasury or, in his absence, Deputy 
Secretary of the Treasury.
    1978--Subsec. (e). Pub. L. 95-611 inserted provision that members of 
Board shall continue to serve until their successors have been appointed 
and qualified.
    1976--Subsec. (d)(2). Pub. L. 94-555, Sec. 211(b), substituted ``the 
Deputy Secretary of Transportation, the Vice Chairman of the Commission, 
or the Deputy Secretary of the Treasury, as the case may be'' for 
``their duly authorized representatives'' after ``at any time through''.
    Pub. L. 94-210, Sec. 603(b)(2), substituted ``acting directly or at 
any time through'' for ``or''.
    Subsec. (h). Pub. L. 94-555, Sec. 211(c), struck out ``The Secretary 
and the Chairman of the Commission may act in such capacity directly or 
at any time through their duly authorized representatives'' after 
``members of the Board''.
    Pub. L. 94-210, Sec. 603(b)(1), inserted provision authorizing 
Secretary and Chairman to act directly or through their duly authorized 
representatives.
    Subsec. (i). Pub. L. 94-555, Sec. 211(d), substituted ``Deputy 
Secretaries'' for ``duly authorized representatives'' after ``through 
their respective''.
    Pub. L. 94-210, Sec. 603(a), added subsec. (i). Former subsec. (i) 
redesignated (j).
    Subsec. (j). Pub. L. 94-210, Secs. 603(a), 607(a), redesignated 
former subsec. (i) as (j) and added par. (4). Former subsec. (j) 
redesignated (k).
    Subsec. (j)(4). Pub. L. 94-555, Sec. 211(e), inserted ``who is'' 
after ``Treasury or the person'' and ``Commission or the person'', and 
substituted ``in his absence, the Deputy Secretary of the Treasury'' for 
``the duly authorized representatives of either of them'' after 
``Treasury in accordance with law''.
    Subsec. (k). Pub. L. 94-210, Secs. 603(a), 612(j)(2), redesignated 
former subsec. (j) as (k), substituted ``this provision'' for ``these 
provisions'', and struck out ``or the Corporation'' after 
``Association'' in two places and provisions relating to use of 
``Consolidated Rail Corporation'' as a name for any business purpose.


                    Effective Date of 1981 Amendment

    Amendment by Pub. L. 97-35 effective Aug. 13, 1981, see section 1169 
of Pub. L. 97-35, set out as an Effective Date note under section 1101 
of this title.


                    Effective Date of 1980 Amendment

    Amendment by Pub. L. 96-448 effective Oct. 1, 1980, see section 
710(a) of Pub. L. 96-448, set out as a note under section 1170 of Title 
11, Bankruptcy.


                    Effective Date of 1976 Amendment

    Amendment by Pub. L. 94-555 effective Oct. 1, 1976, see section 303 
of Pub. L. 94-555, set out as a note under section 702 of this title.

  Abolition of 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 Jan. 1, 1996, by section 702 of Title 49, 
Transportation, and section 101 of Pub. L. 104-88, set out as a note 
under section 701 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 701 
of Title 49.

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

    See section 1341 of this title.


           Applicability of National Environmental Policy Act

    Application of National Environmental Policy Act to actions of 
Commission not affected by title VI of Pub. L. 94-210, see section 619 
of Pub. L. 94-210, set out as a note under section 791 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 702, 741 of this title.
