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45 U.S.C. § 1324 — Certain enforcement relief

Federal law — U.S. Code and appendices · legal_authorities

45 U.S.C. § 1324 — Certain enforcement relief

**(a) Enforcement actions** The Secretary of Transportation, with respect to any provision of section 1321 or 1322 of this title, and any person who suffers direct and substantial economic injury as a result of an alleged violation by the Corporation, with respect to the provisions of section 1321(a)(1) and (2) 11 See References in Text note below. of this title, and [section 1322 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section1322&num=0&edition=prelim), may bring an action to require compliance with such provision. **(b) Special court** Any action brought under this subchapter shall be brought before the special court established under [section 719 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section719&num=0&edition=prelim). Such special court may limit the enforcement of a restriction under [section 1321 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section1321&num=0&edition=prelim), if the effect of such restriction would be to substantially impair the continued viability of the Corporation.

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Source location: Title 45, Chapter 22, § 1324; chapter-022-conrail-privatization.md

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Federal law — U.S. Code and appendices · legal_authorities

45 U.S.C. § 719 — Judicial review

**(a) General** Notwithstanding any other provision of law, the final system plan which is adopted by the Association and which becomes effective after review by the Congress is not subject to review by any court except in accordance with this section. After the final system plan becomes effective under [section 718 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section718&num=0&edition=prelim), it may be reviewed with respect to matters concerning the value of the rail properties to be conveyed under the plan and the value of the consideration to be received for such properties. **(b) Special court** (1) Within 30 days after January 2, 1974, the Association shall make application to the judicial panel on multi-district litigation authorized by [section 1407 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1407&num=0&edition=prelim) for the consolidation in a single, three-judge district court of the United States of all judicial proceedings with respect to the final system plan. Within 30 days after such application is received, the panel shall make the consolidation in a district court (cited herein as the “special court”) which the panel determines to be convenient to the parties and the one most likely to be able to conduct any proceedings under this section with the least delay and the greatest possible fairness and ability. Such proceedings shall be conducted by the special court which shall be composed of three Federal judges who shall be selected by the panel, except that none of the judges selected may be a judge assigned to a proceeding involving any railroad in reorganization in the region under section 77 of the Bankruptcy Act. The special court is authorized to exercise the power

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Federal law — U.S. Code and appendices · legal_authorities

45 U.S.C. § 1321 — Rail service obligations

**(a) Obligations of Corporation** During a period of 5 years beginning on October 21, 1986, the following obligations shall apply to the Corporation: (1) The Corporation shall spend in each fiscal year the greater of (A) an amount equal to the Corporation’s depreciation for financial reporting purposes for such year or (B) $500,000,000, in capital expenditures. With respect to any fiscal year, the Corporation’s Board of Directors may reduce the required capital expenditures for such year to an amount which the Board determines is justified by prudent business and engineering practices, except that the Corporation’s capital expenditures shall not be less than $350,000,000 for its first fiscal year beginning after the sale date, a total of $700,000,000 for its first two fiscal years beginning after the sale date, a total of $1,050,000,000 for its first three fiscal years beginning after the sale date, a total of $1,400,000,000 for its first four fiscal years beginning after the sale date, and a total of $1,750,000,000 for its first five fiscal years beginning after the sale date. (2) Repealed. Pub. L. 101–213, § 2(b)(3), Dec. 11, 1989, 103 Stat. 1843. (3) The Corporation shall continue its affirmative action program and its minority vendor program, substantially as such programs were being conducted by the Corporation as of February 8, 1985, subject to any provisions of applicable law. (4) The Corporation shall not permit to occur any transaction or series of transactions (other than in the ordinary course of business of the Corporation and its subsidiaries) whereby all or any substantial part of the railroad assets and business of the Corporation and its subsidiaries taken as a whole are sold, leased, transferred, or otherwise disposed of to any corporation or entit

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Federal law — U.S. Code and appendices · legal_authorities

45 U.S.C. § 1322 — Ownership limitations

**(a) General** (1) During a period of 3 years beginning on the sale date, no person, directly or indirectly, may acquire or hold securities representing more than 10 percent of the total votes of all outstanding voting securities of the Corporation. (2) This subsection shall not apply— (A) to the employee stock ownership plan (or successor plans) of the Corporation, (B) to the Secretary of Transportation, (C) to a railroad as described under subsection (b), (D) to underwriting syndicates holding shares for resale, or (E) in the case of shares beneficially held for others, to commercial banks, broker-dealers, clearing corporations, or other nominees. **(b) Railroads** (1) During a period of 1 year beginning on the sale date, no railroad may purchase or hold, directly or indirectly, more than 10 percent of any class of stock of the Corporation. During such period, no railroad may file an application with the Commission for a merger or consolidation with the Corporation or the acquisition of control of the Corporation under section 11344 11 See References in Text note below. of title 49. (2) During a period of 3 years beginning on the sale date, any railroad which purchases or holds any stock of the Corporation shall vote such stock in the same proportion as all other common stock of the Corporation is voted. After the expiration of 1 year after the sale date, the preceding sentence shall not apply to any railroad with respect to which the Commission has approved an application for a merger or consolidation with the Corporation or the acquisition of control of the Corporation under section 11344 1 of title 49. (3) As used in this subsection, the term “railroad” means a class I railroad as determined by the Commission under the definition in effect on

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Federal law — U.S. Code and appendices · legal_authorities

45 U.S.C. § 1324 — Certain enforcement relief

Page 267 TITLE 45—RAILROADS § 1342 1 See References in Text note below. 1 So in original. Probably should be ‘‘on’’. § 1324. Certain enforcement relief (a) Enforcement actions The Secretary of Transportation, with respect to any provision of section 1321 or 1322 of this title, and any person who suffers direct and sub- stantial economic injury as a result of an al- leged violation by the Corporation, with respect to the provisions of section 1321(a)(1) and (2) 1 of this title, and section 1322 of this title, may bring an action to require compliance with such provision. (b) Special court Any action brought under this subchapter shall be brought before the special court estab- lished under section 719 of this title. Such spe- cial court may limit the enforcement of a re- striction under section 1321 of this title, if the effect of such restriction would be to substan- tially impair the continued viability of the Cor- poration. (Pub. L. 99–509, title IV, § 4025, Oct. 21, 1986, 100 Stat. 1905.) Editorial Notes REFERENCES IN TEXT Section 1321(a)(2) of this title, referred to in subsec. (a), was repealed by Pub. L. 101–213, § 2(b)(3), Dec. 11, 1989, 103 Stat. 1843. Statutory Notes and Related Subsidiaries ABOLITION OF SPECIAL COURT, REGIONAL RAIL REORGA- NIZATION ACT OF 1973, AND TRANSFER OF FUNCTIONS Special court abolished and all jurisdiction and func- tions transferred to United States District Court for District of Columbia, see section 719(b)(2) of this title. PART C—MISCELLANEOUS PROVISIONS § 1341. Abolition of United States Railway Asso- ciation (a) Abolition and termination (1) Effective April 1, 1987, the United States Railway Association is abolished. (2) On January 1, 1987, all powers, duties, rights, and obligations of such associati

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