Page:United States Statutes at Large Volume 90 Part 1.djvu/118

 9 0 STAT. 6 8

PUBLIC LAW 9 4 - 2 1 0 — F E B. 5, 1976 mentality of the Federal Government, may utilize and act through any such department, establishment, or instrumentality. The Secretary may, w i t h such consent, utilize the information, services, facilities, and personnel of any such department, establishment, or instrumentality, on a reimbursable basis. E a c h such department, establishment, and instrumentality is authorized to furnish any such assistance to the Secretary upon written request from the Secretary. (e) JURISDICTION,—A¥henever the Secretary or the F u n d is a party to any civil action under this title, such action shall be deemed to arise under the laws of the United States, The district courts of the United States shall have original and removal jurisdiction of any action in which the Secretary or the F u n d is a party, without regard to the amount in controversy. No attachment or execution may be issued against the Secretary, the F u n d, or any property thereof p r i o r to the entry of final judgment to such effect in any State, Federal, or other court. (f) CONTENTS OF F U N D, — The r e shall be deposited in the F u n d, subject to utilization pursuant to subsection (i) of this section— (1) funds received by the Secretary for deposit in the F u n d, representing the proceeds from the issuance and sale by the Secretary to the Secretary of the Treasury of F u n d anticipation notes, as provided in section 507 of this title; (2) funds as may be hereafter appropriated to the F u n d, following the submission to the Congress of the Secretary's report, under section 504 of this title, with respect to the perceived needs of the rail industry for facilities rehabilitation and improvement, projected cash shortfalls within the rail industry, and the scope and sources of long-term public sector funding for the F u n d; (3) funds received by the Secretary for deposit in the F u n d, representing the proceeds from the issuance and sale of F u n d bonds, as provided in section 508 of this title; (4) redeemable preference shares issued by a railroad and purchased by the Secretary on behalf of the F u n d and funds received by the F u n d representing dividends and redemption payments on such shares, as provided in sections 505(d) and 506 (a) and (b) of this title; (5) income and gains realized by the F u n d from any investment , of excess funds, pursuant to subsection (g) of this section, and the obligations or securities comprising such investments; and (6) any other receipts of the F u n d,

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(g) EXCESS F U N D S INVESTMENT, — I f the Secretary determines that

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the amount of money in the F u n d exceeds the amount required for current needs, the Secretary may, subject to sections 508(g) and (h) of this title, direct the Secretary of the Treasury to invest such amounts as the Secretary deems advisable, for such periods as the Secretary directs, in obligations of. or obligations guaranteed by, the Government of the United States, or in such other governmental o r agency obligations or other securities of the United States as the Secretary of the Treasury deems appropriate, (h) DEPOSITORY.—The Secretary may deposit moneys of the F u n d with any Federal Reserve bank, any depository for public funds, or in such other places and in such manner as the Secretary of the Treasury deems appropriate, (i) USES.—Moneys in the F u n d shall be utilized— (1) to provide financial assistance to railroads for facilities maintenance, rehabilitation, improvement, and acquisition p r o j •: ects, and for such other financial needs as may be approved by the " Secretary pursuant to section 505 of this title.

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