§ 711. Formation and structure
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/usc/title-45/section-711A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(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. 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 11 See Codification note below.
(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, § 201, Jan. 2, 1974, 87 Stat. 988; Pub. L. 94–210, title VI, §§ 603(a), (b), 607(a), 612(j)(2), Feb. 5, 1976, 90 Stat. 88, 96, 109; Pub. L. 94–555, title II, § 211(b)–(e), Oct. 19, 1976, 90 Stat. 2624; Pub. L. 95–611, § 2, Nov. 8, 1978, 92 Stat. 3089; Pub. L. 96–448, title V, § 508(c), Oct. 14, 1980, 94 Stat. 1957; Pub. L. 97–35, title XI, § 1147, Aug. 13, 1981, 95 Stat. 673; Pub. L. 98–181, title II, § 2003(c)(1), Nov. 30, 1983, 97 Stat. 1297; Pub. L. 99–190, § 101(e) [title III, § 332], Dec. 19, 1985, 99 Stat. 1267, 1290.)
Connections22 cite this · traces to 7
Cited by 22 sections · top 12
statutes-at-large
- Public Law 98–181Making supplemental appropriations for the fiscal year ending September 30, 1984, and for other purposes
- Public Law 99–188
- Public Law 94–555To amend the Rail Passenger Service Act to provide financing for the National Railroad Passenger Corporation, to amend tile Regional Rail Reorganization Act of 1973 to increase the amount of loan authority under section 211(h)(1) of such Act, and for other purposes
- Public Law 99–508To amend title 18, United States Code, with respect to the interception of certain communications, other forms of surveillance, and for other purposes
- Public Law 97–35To provide for reconciliation pursuant to section 301 of the first concurrent resolution on the budget for the fiscal year 1982
- Public Law 95–611To amend the Regional Rail Reorganization Act of 1973 to authorize appropriations for the United States Railway Association for fiscal year 1979
- Public Law 96–73To amend the Rail Passenger Service Act to extend the authorization of appropriations for Amtrak for 2 additional years, and for other purposes
- Public Law 94–210To improve the quality of rail services in the United States through regulatory reform, coordination of rail services and facilities, and rehabilitation and improvement financing, and for other purposes
- Public Law 96–448To reform the economic regulation of railroads, and for other purposes
statute-compilations
44 references not yet in our index
- Pub. L. 93–236, title II, § 201
- 87 Stat. 988
- Pub. L. 94–210, title VI
- 90 Stat. 88
- Pub. L. 94–555, title II, § 211(b)
- 90 Stat. 2624
- Pub. L. 95–611, § 2
- 92 Stat. 3089
- Pub. L. 96–448, title V, § 508(c)
- 94 Stat. 1957
- Pub. L. 97–35, title XI, § 1147
- 95 Stat. 673
- Pub. L. 98–181, title II, § 2003(c)(1)
- 97 Stat. 1297
- Pub. L. 99–190, § 101(e) [title III, § 332]
- 99 Stat. 1267
- Pub. L. 87–569
- 76 Stat. 265
- Section 1147 of Pub. L. 97–35
- Pub. L. 99–190, § 101(e) [title III, § 332(1)]
- Pub. L. 99–190, § 101(e) [title III, § 332(2)]
- Pub. L. 98–181
- Pub. L. 97–35
- Pub. L. 96–448, § 508(c)(1)
- Pub. L. 96–448, § 508(c)(2)
- Pub. L. 96–448, § 508(c)(3)
- Pub. L. 95–611
- Pub. L. 94–555, § 211(b)
- Pub. L. 94–210, § 603(b)(2)
- Pub. L. 94–555, § 211(c)
- Pub. L. 94–210, § 603(b)(1)
- Pub. L. 94–555, § 211(d)
- Pub. L. 94–210, § 603(a)
- Pub. L. 94–210
- Pub. L. 94–555, § 211(e)
- section 1169 of Pub. L. 97–35
- Pub. L. 96–448
- section 710(a) of Pub. L. 96–448
- Pub. L. 94–555
- section 303 of Pub. L. 94–555
+ 4 more
Citation graph
cites case law
§ 711
Formation and structure
Stat.×18
U.S.C.×3
Stat. Comp.×1
Pub. L.Pub. L. 93–236, title II, § 201
Stat.87 Stat. 988
Pub. L.Pub. L. 94–210, title VI
Stat.90 Stat. 88
Pub. L.Pub. L. 94–555, title II, § 211(b)
Cites 51 · showing 12Cited by 22 across 3 sources