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45 U.S.C. § 901 — Congressional findings
Federal law — U.S. Code and appendices · legal_authorities
**(a)** Congress hereby finds that—
(1) the severe operating losses and the deteriorating plant and equipment of the Milwaukee Railroad threaten to cause cessation of its operations in the near future;
(2) a cessation of operations by the Milwaukee Railroad would have serious repercussions on the economies of the States in which such railroad principally operates (the States of Washington, Montana, Idaho, North Dakota, South Dakota, Illinois, Iowa, Missouri, Michigan, Indiana, Minnesota, and Wisconsin);
(3) a cessation of operations of the Milwaukee Railroad would result in the loss of many thousands of jobs of railroad workers and other workers whose employment is dependent upon rail service over the lines presently operated by the Milwaukee Railroad;
(4) experienced railroad employees make a valuable contribution toward strengthening the railroad industry; and other railroads have the ability and willingness to employ displaced employees of the Milwaukee Railroad;
(5) the ownership by employees or by employees and shippers of part or all of the Milwaukee Railroad may be a valuable tool in reorganization and should be given serious consideration;
(6) cessation of essential transportation services by the Milwaukee Railroad would endanger the public welfare;
(7) cessation of such services is imminent; and
(8) there is no other practicable means of obtaining funds to meet payroll and other expenses necessary for continuation of services and reorganization of the Milwaukee Railroad.
**(b)** The Congress declares that emergency measures set forth in this chapter must be taken to restructure the Milwaukee Railroad and to avoid the potential unemployment and damage to the economy of the region and of the Nation which a cessation of essential services by the Milwaukee
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Source file: Laws/federal/codes/united-states-code/title-45/section-901-congressional-findings--5ff92d205e.md
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Source location: Title 45, Chapter 18, § 901; chapter-018-milwaukee-railroad-restructuring.md
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**(a)** Congress hereby finds that—
(1) the severe operating losses and the deteriorating plant and equipment of the Milwaukee Railroad threaten to cause cessation of its operations in the near future;
(2) a cessation of operations by the Milwaukee Railroad would have serious repercussions on the economies of the States in which such railroad principally operates (the States of Washington, Montana, Idaho, North Dakota, South Dakota, Illinois, Iowa, Missouri, Michigan, Indiana, Minnesota, and Wisconsin);
(3) a cessation of operations of the Milwaukee Railroad would result in the loss of many thousands of jobs of railroad workers and other workers whose employment is dependent upon rail service over the lines presently operated by the Milwaukee Railroad;
(4) experienced railroad employees make a valuable contribution toward strengthening the railroad industry; and other railroads have the ability and willingness to employ displaced employees of the Milwaukee Railroad;
(5) the ownership by employees or by employees and shippers of part or all of the Milwaukee Railroad may be a valuable tool in reorganization and should be given serious consideration;
(6) cessation of essential transportation services by the Milwaukee Railroad would endanger the public welfare;
(7) cessation of such services is imminent; and
(8) there is no other practicable means of obtaining funds to meet payroll and other expenses necessary for continuation of services and reorganization of the Milwaukee Railroad.
**(b)** The Congress declares that emergency measures set forth in this chapter must be taken to restructure the Milwaukee Railroad and to avoid the potential unemployment and damage to the economy of the region and of the Nation which a cessation of essential services by the Milwaukee Railroad would otherwise cause.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment.—** The Surface Transportation Board is an independent establishment of the United States Government.
**(b) Membership.—**
(1) The Board shall consist of 5 members, to be appointed by the President, by and with the advice and consent of the Senate. Not more than 3 members may be appointed from the same political party.
(2) At all times—
(A) at least 3 members of the Board shall be individuals with professional standing and demonstrated knowledge in the fields of transportation, transportation regulation, or economic regulation; and
(B) at least 2 members shall be individuals with professional or business experience (including agriculture) in the private sector.
(3) The term of each member of the Board shall be 5 years and shall begin when the term of the predecessor of that member ends. An individual appointed to fill a vacancy occurring before the expiration of the term for which the predecessor of that individual was appointed, shall be appointed for the remainder of that term. When the term of office of a member ends, the member may continue to serve until a successor is appointed and qualified, but for a period not to exceed one year. The President may remove a member for inefficiency, neglect of duty, or malfeasance in office.
(4) No individual may serve as a member of the Board for more than 2 terms. In the case of an individual appointed to fill a vacancy occurring before the expiration of the term for which the predecessor of that individual was appointed, such individual may not be appointed for more than one additional term.
(5) A member of the Board may not have a pecuniary interest in, hold an official relation to, or own stock in or bonds of, a carrier providing transportation by any mode and may not engage in another busines
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 1301
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, Pub. L. 96–254, title I, § 110, May 30, 1980, 94 Stat. 403; Pub. L. 96–448, title VII, § 701(a)(2), Oct. 14, 1980, 94 Stat. 1959, related to authorization, etc., for obligation guarantees.
Source: Supplied U.S. Code snapshot — release unconfirmed · 45 U.S.C. § 1008
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Federal law — U.S. Code and appendices · legal_authorities
Except as otherwise provided in the ICC Termination Act of 1995, or the amendments made thereby, the Board shall perform all functions that, immediately before January 1, 1996, were functions of the Interstate Commerce Commission or were performed by any officer or employee of the Interstate Commerce Commission in the capacity as such officer or employee.
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Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section901&num=0&edition=prelim) 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 11 See References in Text note below. of this title or section 9 or 15 of the Milwaukee Railroad Restructuring Act [[45 U.S.C. 908](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section908&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section901&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1491&num=0&edition=prelim) (commonly referred to as the Tucker Act).
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Administration** This subchapter shall be administered by the Railroad Retirement Board established by the Railroad Retirement Act of 1937 [[45 U.S.C. 228a](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section228a&num=0&edition=prelim) et seq.] as an independent agency in the executive branch of the Government and composed of three members appointed by the President, by and with the advice and consent of the Senate. Each member shall hold office for a term of five years, except that any member appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed for the remainder of the term and any member holding office pursuant to appointment under the Railroad Retirement Act of 1937 when this subchapter becomes effective shall hold office until the term for which he was appointed under such Railroad Retirement Act of 1937 expires. One member shall be appointed from recommendations made by representatives of the employees and one member shall be appointed from recommendations made by representatives of employers as defined in paragraph (i) of [section 231(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section231/a/1&num=0&edition=prelim), in both cases as the President shall direct, so as to provide representation on the Board satisfactory to the largest number, respectively, of employees and employers concerned. One member, who shall be the chairman of the Board, shall be appointed without recommendation by either employers or employees and shall not be in the employment of or be pecuniarily or otherwise interested in any employer or organization of employees. Vacancies in the Board shall not impair the powers or affect the duties of
Source: Supplied U.S. Code snapshot — release unconfirmed · 45 U.S.C. § 231f
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Federal law — U.S. Code and appendices · legal_authorities
Page 224
TITLE 45—RAILROADS
§ 901
Sec.
903.
Sales and transfers.
904.
Court approved abandonments and sales.
905.
Employee
or
employee-shipper
ownership
plan.
906.
Guarantee of trustee certificates.
907.
Railroad hiring.
908.
Employee protection agreements.
909.
Supplementary unemployment insurance.
910.
Repealed.
911.
New career training assistance.
912.
Election.
913.
Authorization of appropriations.
914.
Obligation guarantees.
915.
Court approved abandonment and sales in
pending cases.
916.
Repealed.
917.
Applicability of National Environmental Pol-
icy Act.
918.
Authority of Railroad Retirement Board.
919.
Publications and reports.
920.
Continuation of service.
921.
Office of Rail Public Counsel.
922.
Employee stock ownership plan for surviving
portion of Milwaukee Railroad.
§ 901. Congressional findings
(a) Congress hereby finds that—
(1) the severe operating losses and the dete-
riorating plant and equipment of the Mil-
waukee Railroad threaten to cause cessation
of its operations in the near future;
(2) a cessation of operations by the Mil-
waukee Railroad would have serious repercus-
sions on the economies of the States in which
such railroad principally operates (the States
of Washington, Montana, Idaho, North Da-
kota, South Dakota, Illinois, Iowa, Missouri,
Michigan, Indiana, Minnesota, and Wisconsin);
(3) a cessation of operations of the Mil-
waukee Railroad would result in the loss of
many thousands of jobs of railroad workers
and other workers whose employment is de-
pendent upon rail service over the lines pres-
ently operated by the Milwaukee Railroad;
(4) experienced railroad employees make a
valuable contribution toward strengthening
the railroad industry; and other railroads have
the ability
Source: Supplied 2024 U.S. Code historical extraction · 45 U.S.C. § 901
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