Title 45RailroadsRelease 119-73

§664 Issuance of obligations to Secretary of the Treasury

Title 45 › Chapter CHAPTER 15— - EMERGENCY RAIL SERVICES › § 664

Last updated Apr 6, 2026|Official source

Summary

The Secretary may issue notes or other obligations to the Secretary of the Treasury in the forms, amounts, maturities, and with the terms the Secretary decides and the Treasury Secretary approves. The Treasury Secretary sets the interest rate by looking at the average market yield on similar U.S. marketable securities during the month before the notes are issued. The Treasury must buy those notes and may use proceeds from selling securities under chapter 31 of title 31 to do so. The Treasury can later sell, redeem, or repurchase them, and those actions count as public debt transactions. Money may be appropriated to pay the principal and interest. A guarantee made under this chapter cannot be ended except as allowed under section 662(d). That guarantee is proof it follows the chapter and that the certificate terms are approved and legal. A holder’s rights under a guaranteed certificate are valid and can’t be attacked, except if the holder committed fraud or made a material misrepresentation. The Attorney General must take steps to protect the United States’ rights when the government pays money or incurs expenses because of these guarantees.

Full Legal Text

Title 45, §664

Railroads — Source: USLM XML via OLRC

(a)To enable the Secretary to carry out his rights and responsibilities under section 662 of this title, he is authorized to issue to the Secretary of the Treasury notes or other obligations in such forms and denominations, bearing such maturities, and subject to such terms and conditions, as may be prescribed by the Secretary with the approval of the Secretary of the Treasury. Such notes or other obligations shall bear interest at a rate determined by the Secretary of the Treasury, taking into consideration the current average market yield on outstanding marketable obligations of the United States of comparable maturities during the month preceding the issuance of the notes or other obligations. The Secretary of the Treasury shall purchase any notes and other obligations issued hereunder and for that purpose he is authorized to use as a public debt transaction the proceeds from the sale of any securities issued under chapter 31 of title 31, and the purposes for which securities may be issued under that chapter are extended to include any purchase of such notes and obligations. The Secretary of the Treasury may at any time sell any of the notes or other obligations acquired by him under this subsection. All redemptions, purchases, and sales by the Secretary of the Treasury of such notes or other obligations shall be treated as public debt transactions of the United States. There are authorized to be appropriated to the Secretary such sums as may be necessary to pay the principal and interest on the notes or obligations issued by him to the Secretary of the Treasury.
(b)Any guarantee made by the Secretary under this chapter shall not be terminated, canceled, or otherwise revoked, except as provided by the terms and conditions prescribed by the Secretary under section 662(d) of this title; shall be conclusive evidence that such guarantee complies fully with the provisions of this chapter, and of the approval and legality of the principal amount, interest rate, and all other terms of the certificates and the guarantee; and shall be valid and incontestable in the hands of a holder of a guaranteed certificate except for fraud or material misrepresentation on the part of such holder.
(c)The Attorney General shall take such action as may be appropriate to enforce any right accruing to the United States by reason of its having paid money or incurred expenses as a result of making such guarantees.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Codification In subsec. (a), “chapter 31 of title 31” and “that chapter” substituted for “the Second Liberty Bond Act, as amended” and “that Act, as amended,”, respectively, on authority of Pub. L. 97–258, § 4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted Title 31, Money and Finance.

Reference

Citations & Metadata

Citation

45 U.S.C. § 664

Title 45Railroads

Last Updated

Apr 6, 2026

Release point: 119-73