US (United States) Code. Title 45. Chapter 19: Rock Island employee assistance

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Railroads

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-CITE-

45 USC CHAPTER 19 - ROCK ISLAND RAILROAD EMPLOYEE

ASSISTANCE 01/06/03

-EXPCITE-

TITLE 45 - RAILROADS

CHAPTER 19 - ROCK ISLAND RAILROAD EMPLOYEE ASSISTANCE

-HEAD-

CHAPTER 19 - ROCK ISLAND RAILROAD EMPLOYEE ASSISTANCE

-MISC1-

Sec.

1001. Congressional findings.

1002. Definitions.

1003. Service continuation.

(a) Situations requiring directed service; time

period.

(b) Availability of funds.

(c) Continuation of compensation terms for trackage

rights, joint facilities, etc.

1004. Railroad hiring.

1005. Employee protection agreement.

(a) Authorization; time for agreement; use of

funds.

(b) Failure to reach agreement; benefit schedule.

(c) Limitations on funds.

(d) Administration of funds; promulgation of

regulations.

1006. Repealed.

1007. Election.

(a) Assistance received under employee protection

agreement; waiver of other employee protection

benefits; exception.

(b) Filing of statement.

(c) Effect on priority, timing, etc., of employee

protection payments.

(d) Limitation on assistance eligibility.

1008. Repealed.

1009. Expedited proceedings.

1010. Applicability of National Environmental Policy Act and

section 6362(b) of title 42.

1011. Authority of Railroad Retirement Board.

1012. Publications and reports.

1013. Repealed.

1014. New career training assistance.

(a) Eligible employees.

(b) Conditions for assistance.

(c) Determination of reasonable expenses by Board.

(d) Assistance prohibited after April 1, 1984.

(e) Definitions.

1015. Repealed.

1016. Temporary rail banking.

1017. Temporary operating approval.

(a) Use of tracks and facilities by other rail

carriers; terms of compensation; continuation

of service.

(b) Use of employees.

1018. Judicial review.

(a) Appeals.

(b) Appellate proceedings.

(c) Action in United States Court of Claims.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 231f, 913 of this title.

-End-

-CITE-

45 USC Sec. 1001 01/06/03

-EXPCITE-

TITLE 45 - RAILROADS

CHAPTER 19 - ROCK ISLAND RAILROAD EMPLOYEE ASSISTANCE

-HEAD-

Sec. 1001. Congressional findings

-STATUTE-

Congress hereby finds that -

(1) uninterrupted continuation of services over Rock Island

lines is dependent on adequate employee protection provisions

covering Rock Island Railroad employees who are not hired by

other railroads;

(2) for those Rock Island Railroad employees not hired by other

rail carriers, there is no other practicable means of obtaining

funds to meet the necessary costs of such employee protection

that are assumed by the Rock Island Railroad;

(3) a cessation of necessary operations of the Rock Island

Railroad would have serious repercussions on the economies of the

States in which such railroad principally operates; and

(4) premature cessation of services over lines which are the

subject of pending purchase application would result in harm to

the shipping public and could imperil continuation of vital

commuter service.

-SOURCE-

(Pub. L. 96-254, title I, Sec. 102, May 30, 1980, 94 Stat. 399.)

-MISC1-

SHORT TITLE

Section 101 of title I of Pub. L. 96-254 provided that: "This

title [enacting this chapter, amending sections 231f, 726, 825,

902, 911, 913, and 916 of this title, and enacting provisions set

out as a note under this section] may be cited as the 'Rock Island

Railroad Transition and Employee Assistance Act'."

SAVINGS PROVISION

Section 125, formerly Sec. 124, of title I of Pub. L. 96-254,

renumbered Pub. L. 96-448, title VII, Sec. 701(a)(1), Oct. 14,

1980, 94 Stat. 1959, provided that: "If any provision of this title

[see Short Title note above] or the application thereof to any

person or circumstance is held invalid, the remainder of this title

and the application of such provision to other persons or

circumstances shall not be affected thereby."

-End-

-CITE-

45 USC Sec. 1002 01/06/03

-EXPCITE-

TITLE 45 - RAILROADS

CHAPTER 19 - ROCK ISLAND RAILROAD EMPLOYEE ASSISTANCE

-HEAD-

Sec. 1002. Definitions

-STATUTE-

As used in this chapter, the term -

(1) "bankruptcy court" means the court having jurisdiction over

the reorganization of the Rock Island Railroad;

(2) "Board" means the Railroad Retirement Board;

(3) "Commission" means the Interstate Commerce Commission;

(4) "employee" includes any employee of the Rock Island

Railroad as of August 1, 1979, but does not include any

individual serving as president, vice-president, secretary,

treasurer, comptroller, counsel, member of the board of

directors, or any other person performing such functions;

(5) the term "Rock Island Railroad" means the Chicago, Rock

Island and Pacific Railroad Company, the estate of such Company

in its reorganization proceeding, or the trustee appointed in

such proceeding; and

(6) the term "Secretary" means the Secretary of Transportation.

-SOURCE-

(Pub. L. 96-254, title I, Sec. 103, May 30, 1980, 94 Stat. 399;

Pub. L. 96-448, title VII, Sec. 701(b)(3), Oct. 14, 1980, 94 Stat.

1960.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in text, was in the original "this

title", meaning title I (Sec. 101 et seq.) of Pub. L. 96-254, May

30, 1980, 94 Stat. 399, as amended, known as the Rock Island

Railroad Transition and Employee Assistance Act, which is

classified principally to this chapter. For complete classification

of title I to the Code, see Short Title note set out under section

1001 of this title and Tables.

-MISC1-

AMENDMENTS

1980 - Par. (5). Pub. L. 96-448 inserted ", the estate of such

Company in its reorganization proceeding, or the trustee appointed

in such proceeding" after "Railroad Company". The amendment was

executed by inserting amendatory text preceding the semicolon

instead of the period at end of par. (5) as directed to reflect the

probable intent of Congress, in view of par. (5) being enacted

without a closing period.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-448 effective Oct. 14, 1980, see section

710(d) of Pub. L. 96-448, set out as a note under section 1170 of

Title 11, Bankruptcy.

-TRANS-

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.

-End-

-CITE-

45 USC Sec. 1003 01/06/03

-EXPCITE-

TITLE 45 - RAILROADS

CHAPTER 19 - ROCK ISLAND RAILROAD EMPLOYEE ASSISTANCE

-HEAD-

Sec. 1003. Service continuation

-STATUTE-

(a) Situations requiring directed service; time period

Notwithstanding the provisions of Public Law 96-131, the

Commission shall order directed service for a period of not to

exceed 90 days over any line of the Rock Island Railroad if the

Secretary finds and certifies to the Commission that -

(1) a lack of rail service exists which cannot be resolved by a

grant of interim operating authority over such line and grains or

foods are ready to be shipped to market; or

(2) a lack of rail service exists which cannot be resolved by a

grant of interim operating authority over such line and a rail

carrier, shipper, State, or other interested party has expressed

in writing to the Secretary an interest in purchasing, leasing,

or rehabilitating the particular rail line or facility for

purposes of providing rail services, and there is a reasonable

expectation that such transaction will be consummated.

(b) Availability of funds

(1) Not more than $15,000,000 of the funds available for

expenditure by the Secretary out of the Railroad Rehabilitation and

Improvement Fund established under title V of the Railroad

Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 821 et

seq.) may be made available by the Secretary to the Commission for

purposes of providing directed service under this section and

section 916(b) (!1) of this title.

(2) Funds may be made available for directed service under this

section without regard to the findings of the Secretary required

under title V of the Railroad Revitalization and Regulatory Reform

Act of 1976 [45 U.S.C. 821 et seq.], and section 516 of such Act

(45 U.S.C. 836) shall not apply to any directed service provided

with such funds.

(c) Continuation of compensation terms for trackage rights, joint

facilities, etc.

The terms of compensation for all trackage rights, joint

facilities, and similar arrangements between other rail carriers

and the trustee of the Rock Island Railroad which are in effect on

or after March 15, 1980, on portions of the lines of the Rock

Island Railroad involved in temporary emergency operations shall be

continued in effect during the duration of the temporary emergency

operating authority with the carrier providing temporary emergency

service substituting for the trustee, except where the Rock Island

Railroad has been given more favorable treatment by virtue of its

bankruptcy. Such continuation shall not alter or affect the

ultimate rights of other rail carriers under trackage rights, joint

facilities, or similar arrangements nor prejudice the ultimate

determination of any controversy or proceeding concerning rights of

the parties with regard to assignment by the trustee of rights in

or to the facilities or under the arrangements.

-SOURCE-

(Pub. L. 96-254, title I, Sec. 104, May 30, 1980, 94 Stat. 400;

Pub. L. 104-88, title III, Sec. 329(1), Dec. 29, 1995, 109 Stat.

952.)

-REFTEXT-

REFERENCES IN TEXT

Public Law 96-131, referred to in subsec. (a), is Pub. L. 96-131,

Nov. 30, 1979, 93 Stat. 1023, known as the Department of

Transportation and Related Agencies Appropriation Act, 1980, which

enacted provisions set out as notes under former section 851 of

this title, section 92 of Title 14, Coast Guard, and section 106

and former section 10344 of Title 49, Transportation. For complete

classification of this Act to the Code, see Tables.

The Railroad Revitalization and Regulatory Reform Act of 1976,

referred to in subsec. (b), is Pub. L. 94-210, Feb. 5, 1976, 90

Stat. 31, as amended. Title V of the Railroad Revitalization and

Regulatory Reform Act of 1976 is classified generally to subchapter

II (Sec. 821 et seq.) of chapter 17 of this title. For complete

classification of this Act to the Code, see Short Title note set

out under section 801 of this title and Tables.

Section 916(b) of this title, referred to in subsec. (b)(1), was

repealed by Pub. L. 104-88, title III, Sec. 328, Dec. 29, 1995, 109

Stat. 952.

-MISC1-

AMENDMENTS

1995 - Subsec. (a). Pub. L. 104-88 substituted "the provisions of

Public Law 96-131" for "the provisions of section 11125 of title 49

or Public Law 96-131".

EFFECTIVE DATE OF 1995 AMENDMENT

Amendment by Pub. L. 104-88 effective Jan. 1, 1996, see section 2

of Pub. L. 104-88, set out as an Effective Date note under section

701 of Title 49, Transportation.

-TRANS-

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.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

45 USC Sec. 1004 01/06/03

-EXPCITE-

TITLE 45 - RAILROADS

CHAPTER 19 - ROCK ISLAND RAILROAD EMPLOYEE ASSISTANCE

-HEAD-

Sec. 1004. Railroad hiring

-STATUTE-

(a) Each person who is an employee of the Rock Island Railroad on

August 1, 1979, and who, prior to January 1, 1984, is separated or

furloughed (other than for cause) from his employment with such

railroad, or from his employment with another rail carrier

providing temporary service over lines of the Rock Island Railroad,

as a result of a reduction of service by such railroad or such

temporary service carrier shall, unless found to be less qualified

than other applicants, have the first right of hire by any other

rail carrier that is subject to regulation by the Commission for

any vacancy that is not covered by (1) an affirmative action plan,

or a hiring plan designed to eliminate discrimination, that is

required by Federal or State statute, regulations, or Executive

order, or by the order of a Federal or State court or agency, or

(2) a permissible voluntary affirmative action plan. For purposes

of this section, a rail carrier shall not be considered to be

hiring new employees when it recalls any of its own furloughed

employees.

(b) The rights afforded to Rock Island Railroad employees by this

section shall be coequal to the rights afforded to Chicago,

Milwaukee, Saint Paul and Pacific Railroad Company employees by

section 907 of this title.

-SOURCE-

(Pub. L. 96-254, title I, Sec. 105, May 30, 1980, 94 Stat. 400;

Pub. L. 97-468, title II, Sec. 236(b), Jan. 14, 1983, 96 Stat.

2547.)

-MISC1-

AMENDMENTS

1983 - Subsec. (a). Pub. L. 97-468 substituted "January 1, 1984"

for "January 1, 1981".

-TRANS-

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.

-MISC2-

EXEMPTION OF NATIONAL RAILROAD PASSENGER CORPORATION IN HIRING

QUALIFIED TRAIN AND ENGINE EMPLOYEES

Section inapplicable to National Railroad Passenger Corporation

in hiring of qualified train and engine employees holding seniority

rights to work in intercity rail passenger service in connection

with the assumption by such Corporation of functions previously

performed under contract by other carriers, see section 4011(c) of

Pub. L. 99-272, set out as a note under section 797b of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 797b, 797c of this title.

-End-

-CITE-

45 USC Sec. 1005 01/06/03

-EXPCITE-

TITLE 45 - RAILROADS

CHAPTER 19 - ROCK ISLAND RAILROAD EMPLOYEE ASSISTANCE

-HEAD-

Sec. 1005. Employee protection agreement

-STATUTE-

(a) Authorization; time for agreement; use of funds

The Secretary and the representatives of the various classes and

crafts of employees of the Rock Island Railroad shall, not later

than 90 days after January 14, 1983, enter into an agreement

providing protection for employees of the Rock Island Railroad who

are adversely affected as a result of a reduction in service by

such Railroad. Such agreement may provide for the use of funds

described in subsection (c) of this section for the following

purposes:

(1) Subsistence allowances to employees.

(2) Moving expenses for employees who must make a change in

residence.

(3) Retraining expenses for employees who are seeking

employment in new areas.

(4) Separation allowances for employees.

(5) Health and welfare insurance premiums.

(6) Such other purposes as may be agreed upon by the parties.

(b) Failure to reach agreement; benefit schedule

If the parties are unable to reach agreement within the time

period specified in subsection (a) of this section, the Secretary

shall, within 30 days after the expiration of such time period,

prescribe a schedule of benefits for employee protection not

inconsistent with the provisions of this chapter.

(c) Limitations on funds

Any agreement entered into under subsection (a) of this section,

and any benefit schedule prescribed under subsection (b) of this

section, shall not require the expenditure of funds in excess of

amounts authorized to be appropriated under section 727(f)(1)(C) of

this title, nor shall any individual employee receive benefits in

excess of $20,000 under such agreement or benefit schedule. No

benefits or assistance may be provided under any agreement entered

into or benefit schedule prescribed under this section after April

1, 1984.

(d) Administration of funds; promulgation of regulations

The Board shall, in such manner as it shall prescribe by

regulation, administer the distribution of funds under any

agreement entered into or benefit schedule prescribed under this

section, and shall determine the amount for which each employee is

eligible under such agreement or benefit schedule. Such regulation

shall include procedures to resolve by final and binding

arbitration any dispute over an employee's eligibility or claim.

-SOURCE-

(Pub. L. 96-254, title I, Sec. 106, May 30, 1980, 94 Stat. 401;

Pub. L. 96-448, title VII, Sec. 701(b)(1), Oct. 14, 1980, 94 Stat.

1959; Pub. L. 97-468, title II, Sec. 231, Jan. 14, 1983, 96 Stat.

2546.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsec. (b), was in the original

"this Act", which probably was meant to be a reference to "this

title", meaning title I (Sec. 101 et seq.) of Pub. L. 96-254, May

30, 1980, 94 Stat. 399, as amended, known as the Rock Island

Railroad Transition and Employee Assistance Act, which is

classified principally to this chapter. For complete classification

of title I to the Code, see Short Title note set out under section

1001 of this title and Tables.

-COD-

CODIFICATION

Prior to the general amendment of section 106 of Pub. L. 96-254

by Pub. L. 97-468, section was comprised of subsecs. (a) to (e) of

section 106 of Pub. L. 96-254, and subsec. (f) of section 106

amended section 231f(b)(7) of this title.

-MISC1-

AMENDMENTS

1983 - Subsec. (a). Pub. L. 97-468 substituted provisions

relating to an agreement between the Secretary and the employees

for provisions relating to an agreement between the Rock Island

Railroad and the employees.

Subsec. (b). Pub. L. 97-468 substituted provisions relating to

the prescription of benefits by the Secretary if no agreement is

reached with the employees, for provisions relating to imposition

of agreement by the Interstate Commerce Commission if none was

reached between the Rock Island Railroad and the employees.

Subsec. (c). Pub. L. 97-468 added subsec. (c). Former subsec.

(c), which related to direction to the bankruptcy trustee to carry

out the agreement between the Rock Island Railroad and the

employees, was struck out.

Subsec. (d). Pub. L. 97-468 added subsec. (d). Former subsec.

(d), which prescribed conditions for appeals from orders of the

Commission or bankruptcy court, limiting them to the Seventh

Circuit Court of Appeals, was struck out.

Subsec. (e). Pub. L. 97-468 struck out subsec. (e) which related

to prescription of regulations by the Board for the filing and

payment of benefits and allowances.

1980 - Subsec. (a). Pub. L. 96-448 substituted "5 days after

October 14, 1980" for "10 days after May 30, 1980".

Subsec. (b). Pub. L. 96-448 substituted "5 days after October 14,

1980" for "10 days after May 30, 1980" and "15 days after October

14, 1980" for "30 days after May 30, 1980".

Subsec. (c). Pub. L. 96-448 reenacted subsec. (c) without change.

Subsec. (d). Pub. L. 96-448 substituted provision that any order

of the Commission or bankruptcy court be appealed only to the

United States Court of Appeals for the Seventh Circuit for

provision that an order of the Commission not be stayed by the

Commission or any other court, an order by the bankruptcy court not

be stayed by any other court, appeals of Commission or bankruptcy

court orders only be made to the court of appeals of the United

States having jurisdiction to review decisions and orders of the

bankruptcy court, and no determinations of the court of appeals be

review in any other court.

Subsec. (e). Pub. L. 96-448 reenacted subsec. (e) without change.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-448 effective Oct. 14, 1980, see section

710(d) of Pub. L. 96-448, set out as a note under section 1170 of

Title 11, Bankruptcy.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 727, 1007, 1012, 1014,

1018 of this title.

-End-

-CITE-

45 USC Sec. 1006 01/06/03

-EXPCITE-

TITLE 45 - RAILROADS

CHAPTER 19 - ROCK ISLAND RAILROAD EMPLOYEE ASSISTANCE

-HEAD-

Sec. 1006. Repealed. Pub. L. 97-35, title XI, Sec. 1144(b), Aug.

13, 1981, 95 Stat. 669

-MISC1-

Section, Pub. L. 96-254, title I, Sec. 107, May 30, 1980, 94

Stat. 402, set forth provisions respecting employment of Rock

Island Railroad employees. See section 797c of this title.

EFFECTIVE DATE OF REPEAL

Repeal 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.

-End-

-CITE-

45 USC Sec. 1007 01/06/03

-EXPCITE-

TITLE 45 - RAILROADS

CHAPTER 19 - ROCK ISLAND RAILROAD EMPLOYEE ASSISTANCE

-HEAD-

Sec. 1007. Election

-STATUTE-

(a) Assistance received under employee protection agreement; waiver

of other employee protection benefits; exception

Any employee who receives any assistance under an employee

protection agreement entered into or benefit schedule prescribed

under section 1005 of this title or any new career training

assistance under section 1014 of this title shall be deemed to

waive any employee protection benefits otherwise available to such

employee under the Bankruptcy Act, subtitle IV of title 49 or any

applicable contract or agreement (other than as provided in the

agreement entered into in Washington, District of Columbia, on

March 4, 1980, entitled "Labor Protective Agreement Between

Railroads Parties Hereto Involved in Midwest Rail Restructuring and

Employees of Such Railroads Represented by the Rail Labor

Organizations Operating Through the Railway Labor Executives'

Association").

(b) Filing of statement

Any employee of the Rock Island Railroad who is entitled to

receive assistance under this chapter shall, no later than 120 days

after the effective date of any agreement entered into under

section 1005(a) of this title or of any benefit schedule prescribed

under section 1005(b) of this title, as the case may be, file a

statement with the Board indicating whether such employee elects to

receive (1) assistance under this chapter; or (2) any employee

protection benefits otherwise available to such employee under the

Bankruptcy Act, subtitle IV of title 49, or any applicable contract

or agreement.

(c) Effect on priority, timing, etc., of employee protection

payments

With regard to any employee who elects benefits under subsection

(b)(2) of this section, nothing in this chapter shall be deemed to

determine or otherwise affect the priority, status, or timing of

payment of, or the liability for any claim for, employee protection

which might have existed in the absence of this chapter.

(d) Limitation on assistance eligibility

An employee shall not be eligible to receive any assistance

(other than moving expenses) under an employee protection agreement

entered into or benefit schedule prescribed under section 1005 of

this title or any new career training assistance under section 1014

of this title -

(1) during any period in which such employee is employed by any

rail carrier providing temporary service over any lines of the

Rock Island Railroad; or

(2) at any time after the date such employee receives an offer

of employment, in his craft and for which such employee is

qualified, from a rail carrier acquiring lines of the Rock Island

Railroad.

-SOURCE-

(Pub. L. 96-254, title I, Sec. 108, May 30, 1980, 94 Stat. 402;

Pub. L. 96-448, title VII, Sec. 701(b)(2), Oct. 14, 1980, 94 Stat.

1960; Pub. L. 97-468, title II, Sec. 232, Jan. 14, 1983, 96 Stat.

2547.)

-REFTEXT-

REFERENCES IN TEXT

The Bankruptcy Act, referred to in subsecs. (a) and (b), is act

July 1, 1898, ch. 541, 30 Stat. 544, as amended, which was

classified generally to former Title 11, Bankruptcy. The Act was

repealed effective Oct. 1, 1979, by Pub. L. 95-598, Secs. 401(a),

402(a), Nov. 6, 1978, 92 Stat. 2682, section 101 of which enacted

revised Title 11. For current provisions relating to railroad

reorganization, see subchapter IV (Sec. 1161 et seq.) of chapter 11

of Title 11.

This chapter, referred to in subsecs. (b) and (c), was in the

original "this title", meaning title I (Sec. 101 et seq.) of Pub.

L. 96-254, May 30, 1980, 94 Stat. 399, as amended, known as the

Rock Island Railroad Transition and Employee Assistance Act, which

is classified principally to this chapter. For complete

classification of title I to the Code, see Short Title note set out

under section 1001 of this title and Tables.

-MISC1-

AMENDMENTS

1983 - Subsec. (a). Pub. L. 97-468, Sec. 232(1), substituted

"entered into or benefit schedule prescribed" for "or arrangement

entered into".

Subsec. (b). Pub. L. 97-468, Sec. 232(2), substituted "120 days

after the effective date of any agreement entered into under

section 1005(a) of this title or of any benefit schedule prescribed

under section 1005(b) of this title, as the case may be" for "April

1, 1981".

Subsec. (d). Pub. L. 97-468, Sec. 232(1), substituted "entered

into or benefit schedule prescribed" for "or arrangement entered

into".

1980 - Subsec. (a). Pub. L. 96-448 inserted reference to the

agreement entered into in Washington on Mar. 4, 1980, and included

the title of the agreement.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-448 effective Oct. 14, 1980, see section

710(d) of Pub. L. 96-448, set out as a note under section 1170 of

Title 11, Bankruptcy.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1012 of this title.

-End-

-CITE-

45 USC Sec. 1008 01/06/03

-EXPCITE-

TITLE 45 - RAILROADS

CHAPTER 19 - ROCK ISLAND RAILROAD EMPLOYEE ASSISTANCE

-HEAD-

Sec. 1008. Repealed. Pub. L. 97-468, title II, Sec. 234(a), Jan.

14, 1983, 96 Stat. 2547

-MISC1-

Section, Pub. L. 96-254, title I, Sec. 110, May 30, 1980, 94

Stat. 403; Pub. L. 96-448, title VII, Sec. 701(a)(2), Oct. 14,

1980, 94 Stat. 1959, related to authorization, etc., for obligation

guarantees.

-End-

-CITE-

45 USC Sec. 1009 01/06/03

-EXPCITE-

TITLE 45 - RAILROADS

CHAPTER 19 - ROCK ISLAND RAILROAD EMPLOYEE ASSISTANCE

-HEAD-

Sec. 1009. Expedited proceedings

-STATUTE-

(a) The Commission shall give all proceedings involving the Rock

Island Railroad preference over all other pending proceedings

related to rail carriers and make all of its decisions at the

earliest practicable time.

(b) The Commission shall, within 100 days of the filing of an

application (or such shorter period as the court may set) pursuant

to section 915 of this title, reach a decision on all proceedings

filed after January 1, 1980, which involve a sale, transfer or

lease of any line of the Rock Island Railroad to a solvent carrier.

-SOURCE-

(Pub. L. 96-254, title I, Sec. 111, May 30, 1980, 94 Stat. 404.)

-TRANS-

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.

-End-

-CITE-

45 USC Sec. 1010 01/06/03

-EXPCITE-

TITLE 45 - RAILROADS

CHAPTER 19 - ROCK ISLAND RAILROAD EMPLOYEE ASSISTANCE

-HEAD-

Sec. 1010. Applicability of National Environmental Policy Act and

section 6362(b) of title 42

-STATUTE-

The provisions of the National Environmental Policy Act [42

U.S.C. 4321 et seq.] and section 6362(b) of title 42 shall not

apply to transactions carried out pursuant to this chapter.

-SOURCE-

(Pub. L. 96-254, title I, Sec. 113, May 30, 1980, 94 Stat. 405.)

-REFTEXT-

REFERENCES IN TEXT

The National Environmental Policy Act, referred to in text,

probably means the National Environmental Policy Act of 1969, Pub.

L. 91-190, Jan. 1, 1970, 83 Stat. 852, as amended, which is

classified generally to chapter 55 (Sec. 4321 et seq.) of Title 42,

The Public Health and Welfare. For complete classification of this

Act to the Code, see Short Title note set out under section 4321 of

Title 42 and Tables.

This chapter, referred to in text, was in the original "this

title", meaning title I (Sec. 101 et seq.) of Pub. L. 96-254, May

30, 1980, 94 Stat. 399, as amended, known as the Rock Island

Railroad Transition and Employee Assistance Act, which is

classified principally to this chapter. For complete classification

of title I to the Code, see Short Title note set out under section

1001 of this title and Tables.

-End-

-CITE-

45 USC Sec. 1011 01/06/03

-EXPCITE-

TITLE 45 - RAILROADS

CHAPTER 19 - ROCK ISLAND RAILROAD EMPLOYEE ASSISTANCE

-HEAD-

Sec. 1011. Authority of Railroad Retirement Board

-STATUTE-

(a) The Board may prescribe such regulations as may be necessary

to carry out its duties under this chapter.

(b) In carrying out its duties under this chapter, the Board may

exercise such of the powers, duties, and remedies provided in

subsections (a), (b), and (d) of section 362 of this title as are

not inconsistent with the provisions of this chapter.

-SOURCE-

(Pub. L. 96-254, title I, Sec. 114, May 30, 1980, 94 Stat. 405.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in text, was in the original "this

title", meaning title I (Sec. 101 et seq.) of Pub. L. 96-254, May

30, 1980, 94 Stat. 399, as amended, known as the Rock Island

Railroad Transition and Employee Assistance Act, which is

classified principally to this chapter. For complete classification

of title I to the Code, see Short Title note set out under section

1001 of this title and Tables.

-End-

-CITE-

45 USC Sec. 1012 01/06/03

-EXPCITE-

TITLE 45 - RAILROADS

CHAPTER 19 - ROCK ISLAND RAILROAD EMPLOYEE ASSISTANCE

-HEAD-

Sec. 1012. Publications and reports

-STATUTE-

Within 45 days after May 30, 1980, the Board shall publish, and

make available for distribution by the Rock Island Railroad to all

eligible employees, a document which describes in detail the rights

of such employees under sections 1005, 1006,(!1) 1007, and 1014 of

this title.

-SOURCE-

(Pub. L. 96-254, title I, Sec. 115, May 30, 1980, 94 Stat. 405.)

-REFTEXT-

REFERENCES IN TEXT

Section 1006 of this title, referred to in text, was repealed by

Pub. L. 97-35, title XI, Sec. 1144(b), Aug. 13, 1981, 95 Stat. 669.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

45 USC Sec. 1013 01/06/03

-EXPCITE-

TITLE 45 - RAILROADS

CHAPTER 19 - ROCK ISLAND RAILROAD EMPLOYEE ASSISTANCE

-HEAD-

Sec. 1013. Repealed. Pub. L. 103-272, Sec. 7(b), July 5, 1994, 108

Stat. 1379

-MISC1-

Section, Pub. L. 96-254, title I, Sec. 117, May 30, 1980, 94

Stat. 406, authorized Secretary of Transportation to exempt from

requirements of the Safety Appliance Acts any railroad equipment

when such requirements preclude development or implementation of

more efficient railroad transportation equipment or other

transportation innovations. See section 20306 of Title 49,

Transportation.

-End-

-CITE-

45 USC Sec. 1014 01/06/03

-EXPCITE-

TITLE 45 - RAILROADS

CHAPTER 19 - ROCK ISLAND RAILROAD EMPLOYEE ASSISTANCE

-HEAD-

Sec. 1014. New career training assistance

-STATUTE-

(a) Eligible employees

An employee who elects to receive a separation allowance under an

employee protection agreement entered into or a benefit schedule

prescribed under section 1005 of this title may, if so provided

under such agreement or benefit schedule, receive from the Board

reasonable expenses for training in qualified institutions for new

career opportunities.

(b) Conditions for assistance

To be eligible for assistance under this section, an employee -

(1) must first exhaust any Federal educational benefits

available to such employee under any existing program; and

(2) must begin his course of training within 2 years following

the date of such employee's separation from employment with the

Rock Island Railroad.

(c) Determination of reasonable expenses by Board

Reasonable expenses for assistance under this section shall be

determined by the Board on the basis of an application therefor

filed by an employee with the Board.

(d) Assistance prohibited after April 1, 1984

No assistance may be provided under this section after April 1,

1984.

(e) Definitions

As used in this section -

(1) the term "expenses" means actual, reasonable expenses paid

for room, board, tuition, fees, or educational material in an

amount not to exceed $3,000; and

(2) the term "qualified institution" means an educational

institution accredited for payment by the Veterans'

Administration under chapter 36 of title 38, or a

State-accredited institution which has been in existence for not

less than 2 years.

-SOURCE-

(Pub. L. 96-254, title I, Sec. 119(a)-(e), May 30, 1980, 94 Stat.

408; Pub. L. 97-468, title II, Sec. 233, Jan. 14, 1983, 96 Stat.

2547.)

-COD-

CODIFICATION

Section is comprised of subsecs. (a) to (e) of section 119 of

Pub. L. 96-254. Subsec. (f) of section 119 amended section 911 of

this title.

-MISC1-

AMENDMENTS

1983 - Subsec. (a). Pub. L. 97-468 substituted "under an employee

protection agreement entered into or a benefit schedule prescribed

under section 1005 of this title may, if so provided under such

agreement or benefit schedule," for "from the Rock Island Railroad

under an employee protection agreement or arrangement entered into

under section 1005 of this title may".

-CHANGE-

CHANGE OF NAME

Reference to Veterans' Administration deemed to refer to

Department of Veterans Affairs pursuant to section 10 of Pub. L.

100-527, set out as a Department of Veterans Affairs Act note under

section 301 of Title 38, Veterans' Benefits.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1007, 1012 of this title.

-End-

-CITE-

45 USC Sec. 1015 01/06/03

-EXPCITE-

TITLE 45 - RAILROADS

CHAPTER 19 - ROCK ISLAND RAILROAD EMPLOYEE ASSISTANCE

-HEAD-

Sec. 1015. Repealed. Pub. L. 104-88, title III, Sec. 329(2), Dec.

29, 1995, 109 Stat. 952

-MISC1-

Section, Pub. L. 96-254, title I, Sec. 120, May 30, 1980, 94

Stat. 408; Pub. L. 97-216, title I, Sec. 101, July 18, 1982, 96

Stat. 188, related to Interstate Commerce Commission ordering

directed service over passenger commuter railroad lines that were

in operation on Mar. 1, 1980, and had ceased to be in operation.

EFFECTIVE DATE OF REPEAL

Repeal by Pub. L. 104-88 effective Jan. 1, 1996, see section 2 of

Pub. L. 104-88, set out as an Effective Date note under section 701

of Title 49, Transportation.

-End-

-CITE-

45 USC Sec. 1016 01/06/03

-EXPCITE-

TITLE 45 - RAILROADS

CHAPTER 19 - ROCK ISLAND RAILROAD EMPLOYEE ASSISTANCE

-HEAD-

Sec. 1016. Temporary rail banking

-STATUTE-

During the 180-day period beginning on May 30, 1980, no rail line

or facility of the Rock Island Railroad which has been approved for

abandonment by the Commission or the bankruptcy court may be

downgraded, scrapped, or otherwise disposed of without the approval

of the Secretary under this section. In no case before abandonment

has been approved and before the 180-day period has elapsed shall

the Secretary approve a disposition of such portion of the rail

line or related facility to any carrier or other entity not engaged

in providing railroad services or not formed for the purpose of

providing railroad services. The Secretary, upon application by the

Rock Island Railroad, shall grant such approval unless he finds

that -

(1) a rail carrier, shipper, State, or other interested party

has expressed in writing an interest in purchasing, leasing or

rehabilitating the particular rail line or facility for purposes

of providing rail service; and

(2) there is a reasonable expectation that such purchase

transaction will be consummated.

-SOURCE-

(Pub. L. 96-254, title I, Sec. 121, May 30, 1980, 94 Stat. 409.)

-TRANS-

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.

-End-

-CITE-

45 USC Sec. 1017 01/06/03

-EXPCITE-

TITLE 45 - RAILROADS

CHAPTER 19 - ROCK ISLAND RAILROAD EMPLOYEE ASSISTANCE

-HEAD-

Sec. 1017. Temporary operating approval

-STATUTE-

(a) Use of tracks and facilities by other rail carriers; terms of

compensation; continuation of service

The Commission may authorize any rail carrier willing to do so

voluntarily to use the tracks and facilities of a carrier which, on

January 14, 1983, was the subject of a proceeding pending under

section 77 of the Bankruptcy Act or under subchapter IV of chapter

11 of title 11. The use of such tracks and facilities shall be

under such terms of compensation as the carriers establish between

themselves, or if the carriers are unable to agree, under such

terms of compensation as the Commission finds to be reasonable. The

Commission shall have authority to authorize continued rail service

under this section over the lines of any such carrier which has

been ordered by the court having jurisdiction over such a carrier

to liquidate its properties until the disposition of the properties

of the estate of such carrier.

(b) Use of employees

In carrying out the provisions of this section, the Commission

shall require, to the maximum extent practicable, the use of the

employees who would normally have performed work in connection with

the traffic subject to the action of the Commission.

-SOURCE-

(Pub. L. 96-254, title I, Sec. 122, May 30, 1980, 94 Stat. 409;

Pub. L. 97-130, Sec. 5(a), Dec. 29, 1981, 95 Stat. 1690; Pub. L.

97-468, title II, Sec. 214, Jan. 14, 1983, 96 Stat. 2545.)

-REFTEXT-

REFERENCES IN TEXT

Section 77 of the Bankruptcy Act, referred to in subsec. (a), 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 Oct. 1, 1979, by Pub. L. 95-598,

Secs. 401(a), 402(a), Nov. 6, 1978, 92 Stat. 2682, section 101 of

which enacted revised Title 11. For current provisions relating to

railroad reorganization, see subchapter IV (Sec. 1161 et seq.) of

chapter 11 of Title 11.

-MISC1-

AMENDMENTS

1983 - Subsec. (a). Pub. L. 97-468, Sec. 214(a), substituted "a

carrier which, on January 14, 1983, was the subject of a proceeding

pending under section 77 of the Bankruptcy Act or under subchapter

IV of chapter 11 of title 11" for "the Rock Island Railroad or the

Milwaukee Railroad", and in last sentence substituted "any such

carrier which has been ordered by the court having jurisdiction

over such a carrier to liquidate its properties until the

disposition of the properties of the estate of such carrier" for

"the Rock Island Railroad until the disposition of the properties

of the estate of the Rock Island Railroad".

Subsec. (c). Pub. L. 97-468, Sec. 214(b), struck out subsec. (c)

which defined "Milwaukee Railroad".

1981 - Subsec. (a). Pub. L. 97-130 gave the Commission authority

to authorize continued rail service under this section over the

lines of the Rock Island Railroad until the disposition of the

properties of the estate of the Rock Island Railroad.

-TRANS-

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.

-MISC2-

TERMINATION OF APPLICABILITY OF AMENDMENT TO INTERSTATE COMMERCE

SERVICE ORDER 1498 ON MAY 15, 1982

Section 5(b) of Pub. L. 97-130 provided that: "The applicability

of the amendment made by subsection (a) [amending subsec. (a) of

this section] to Interstate Commerce Commission Service Order 1498

shall expire at the end of May 15, 1982."

-End-

-CITE-

45 USC Sec. 1018 01/06/03

-EXPCITE-

TITLE 45 - RAILROADS

CHAPTER 19 - ROCK ISLAND RAILROAD EMPLOYEE ASSISTANCE

-HEAD-

Sec. 1018. Judicial review

-STATUTE-

(a) Appeals

Notwithstanding any other provision of law, any appeal from -

(1) any decision of the bankruptcy court with respect to the

constitutionality of any provision of this chapter; and

(2) any decision of the court having jurisdiction over the

reorganization of the Milwaukee Railroad with respect to the

constitutionality of the Milwaukee Railroad Restructuring Act (45

U.S.C. 901 et seq.),

shall be taken to the United States Court of Appeals for the

Seventh Circuit.

(b) Appellate proceedings

If appeals are taken from decisions described in subsection (a)

of this section involving section 1005 or 1008 (!1) of this title

or section 9 or 15 of the Milwaukee Railroad Restructuring Act [45

U.S.C. 908 or 915], the court of appeals shall determine such

appeals in a consolidated proceeding, sitting en banc.

(c) Action in United States Court of Claims

Nothing in this chapter or in the Milwaukee Railroad

Restructuring Act (45 U.S.C. 901 et seq.) shall limit the right of

any person to commence an action in the United States Court of

Claims (!1) under section 1491 of title 28 (commonly referred to as

the Tucker Act).

-SOURCE-

(Pub. L. 96-254, title I, Sec. 124, as added Pub. L. 96-448, title

VII, Sec. 701(a)(1), Oct. 14, 1980, 94 Stat. 1959; amended Pub. L.

98-620, title IV, Sec. 402(49), Nov. 8, 1984, 98 Stat. 3361.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsecs. (a)(1) and (c), was in the

original "this title", meaning title I (Sec. 101 et seq.) of Pub.

L. 96-254, May 30, 1980, 94 Stat. 399, as amended, known as the

Rock Island Railroad Transition and Employee Assistance Act, which

is classified principally to this chapter. For complete

classification of title I to the Code, see Short Title note set out

under section 1001 of this title and Tables.

The Milwaukee Railroad Restructuring Act, referred to in subsecs.

(a)(2) and (c), is Pub. L. 96-101, Nov. 4, 1979, 93 Stat. 736, as

amended, which is classified principally to chapter 18 (Sec. 901 et

seq.) of this title. For complete classification of this Act to the

Code, see Short Title note set out under section 901 of this title

and Tables.

Section 1008 of this title, referred to in subsec. (b), was

repealed by Pub. L. 97-468, title II, Sec. 234(a), Jan. 14, 1983,

96 Stat. 2547.

The United States Court of Claims, referred to in subsec. (c),

and the United States Court of Customs and Patent Appeals were

merged effective Oct. 1, 1982, into a new United States Court of

Appeals for the Federal Circuit by Pub. L. 97-164, Apr. 2, 1982, 96

Stat. 25, which also created a United States Claims Court [now

United States Court of Federal Claims] that inherited the trial

jurisdiction of the Court of Claims. See sections 48, 171 et seq.,

791 et seq., and 1491 et seq. of Title 28, Judiciary and Judicial

Procedure.

-MISC1-

AMENDMENTS

1984 - Subsec. (b). Pub. L. 98-620 struck out provision requiring

the court to render a final decision no later than 60 days after

the filing of the last such appeal.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-620 not applicable to cases pending on

Nov. 8, 1984, see section 403 of Pub. L. 98-620, set out as a note

under section 1657 of Title 28, Judiciary and Judicial Procedure.

EFFECTIVE DATE

Section effective Oct. 14, 1980, see section 710(d) of Pub. L.

96-448, set out as an Effective Date of 1980 Amendment note under

section 1170 of Title 11, Bankruptcy.

-FOOTNOTE-

(!1) See References in Text note below.

-End-