45 U.S.C. § 718 — Review by Congress

Page 167 TITLE 45—RAILROADS § 718 to this subsection, and the special court shall complete its review and render its decision with- in 80 days after such appeal is taken. There shall be no review of the decision of the special court. (2) Whenever it has been finally determined pursuant to the procedures of paragraph (1) of this subsection, that the reorganization of a railroad subject to reorganization under section 77 of the Bankruptcy Act shall not be proceeded with pursuant to this chapter, the court having jurisdiction over such railroad may, upon a peti- tion which is filed within 10 days after February 28, 1975, by the trustees of such railroad, recon- sider such order. Such reorganization court shall (i) affirm its previous order or (ii) issue an order that the reorganization of such railroad be proceeded with pursuant to this chapter unless it finds that this chapter does not provide a process which would be fair and equitable. The provisions of paragraph (1) of this subsection are applicable in such reconsideration, except that (A) such reorganization court shall make its de- cision within 30 days after such petition is filed, and (B) any decision by the special court on ap- peal from such a decision shall be rendered with- in 30 days after such reorganization court deci- sion is made. There shall be no review of the de- cision of the special court. The Association shall take any steps it finds necessary, consistent with time limitations and other provisions of this chapter, to effectuate the consequences of such a revised order, including the preparation and submission of any necessary or appropriate supplements to the preliminary system plan. (c) Adoption Within 540 days after January 2, 1974, the exec- utive committee of the Association shall pre- pare and submit a final system plan for the ap- proval of the Board of Directors of the Associa- tion. A copy of such submission shall be simul- taneously presented to the Commission. The submission shall reflect evaluation of all re- sponses and summaries of responses received, testimony at any public hearings, and the re- sults of additional study and review. Within 30 days thereafter, the Board of Directors of the Association shall by a majority vote of all its members approve a final system plan which meets all of the requirements of section 716 of this title. (d) Review of Commission Within 30 days following the adoption of the final system plan by the Association under sub- section (c) of this section and the submission of such plan to Congress under section 718(a) of this title, the Commission shall submit to the Congress an evaluation of the final system plan delivered to both Houses of Congress. (Pub. L. 93–236, title II, § 207, Jan. 2, 1974, 87 Stat. 998; Pub. L. 93–488, § 1(a), (b), Oct. 26, 1974, 88 Stat. 1464; Pub. L. 94–5, § 4, Feb. 28, 1975, 89 Stat. 7.) Editorial Notes REFERENCES IN TEXT Section 77 of the Bankruptcy Act, referred to in sub- sec. (b)(1), (2), 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 ef- fective Oct. 1, 1979, by Pub. L. 95–598, §§ 401(a), 402(a), Nov. 6, 1978, 92 Stat. 2682, section 101 of which enacted revised Title 11. For current provisions relating to rail- road reorganization, see subchapter IV (§ 1161 et seq.) of chapter 11 of Title 11. Section 715(d)(1) of this title, referred to in subsec. (b)(1), is a reference to section 715(d)(1) prior to amend- ment by Pub. L. 94–210. Section 715 was repealed by Pub. L. 95–473, § 4(b), Oct. 17, 1978, 92 Stat. 1466, the first section of which enacted subtitle IV (§ 10101 et seq.) of Title 49, Transportation. AMENDMENTS 1975—Subsec. (a)(2). Pub. L. 94–5, § 4(b), inserted provi- sions authorizing the Office to hold public hearings on supplements to the preliminary system plan and to make available to the Association a summary and analysis of the evidence received in the course of such proceedings, together with its critique and evaluation of the supplement not later than 30 days after the re- lease of the supplement. Subsec. (b). Pub. L. 94–5, § 4(a), designated existing provisions as par. (1) and added par. (2). 1974—Subsec. (a)(1). Pub. L. 93–488, § 1(a), substituted ‘‘420’’ for ‘‘300’’. Subsec. (c). Pub. L. 93–488, § 1(b), substituted ‘‘540’’ for ‘‘420’’. 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. ABOLITION OF INTERSTATE COMMERCE COMMISSION AND TRANSFER OF FUNCTIONS Interstate Commerce Commission abolished and func- tions of Commission transferred, except as otherwise provided in Pub. L. 104–88, to Surface Transportation Board effective Jan. 1, 1996, by section 1302 of Title 49, Transportation, and section 101 of Pub. L. 104–88, set out as a note under section 1301 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 appro- priate, see section 205 of Pub. L. 104–88, set out as a note under section 1301 of Title 49. ABOLITION OF UNITED STATES RAILWAY ASSOCIATION AND TRANSFER OF FUNCTIONS AND SECURITIES See section 1341 of this title. § 718. Review by Congress (a) General The Board of Directors of the Association shall deliver the final system plan adopted by the Association to both Houses of Congress and to the Committee on Energy and Commerce of the House of Representatives and the Com- mittee on Commerce, Science, and Transpor- tation of the Senate. The final system plan shall be deemed approved at the end of the first period of 60 calendar days of continuous session of Con- gress after such date of transmittal unless ei- ther the House of Representatives or the Senate passes a resolution during such period stating that it does not favor the final system plan. (b) Revised plan If either the House or the Senate passes a reso- lution of disapproval under subsection (a) of this section, the Association, with the cooperation and assistance of the Secretary and the Office, Page 168 TITLE 45—RAILROADS § 718 1 See References in Text note below. shall prepare, determine, and adopt a revised final system plan. Each such revised plan shall be submitted to Congress for review pursuant to subsection (a) of this section. (c) Computation For purposes of this section— (1) continuity of session of Congress is bro- ken only by an adjournment sine die; and (2) the days on which either House is not in session because of an adjournment of more than 3 days to a day certain are excluded in the computation of the 60-day period. (d) Additions (1) The supplemental report, dated September 18, 1975, to the final system plan, and the provi- sions of the Association’s official errata supple- ment to the final system plan, dated December 1, 1975, including all designations made therein, shall be treated for all purposes as if they had been part of and included in the final system plan adopted by the Association and reviewed by the Congress. The final system plan shall, for all purposes, be deemed to be approved as modified and amended by such supplemental report and such supplement. (2) The Association may, upon petition of any State, modify the final system plan to make fur- ther designations with respect to rail properties of railroads in reorganization in the region des- ignated for transfer to the Corporation under such plan, if such designations (A) are likely to result in improved rail service on such rail prop- erties and connecting rail properties, and (B) would not materially impair the profitability of the Corporation. Such designations, including designations of such rail properties to a State, a profitable railroad, or a responsible person, may be made at any time prior to delivery of the final system plan to the special court under sec- tion 719(c) of this title. Such further designa- tions shall be treated for all purposes as if they had been included in the final system plan adopted by the Association and reviewed by the Congress, and the final system plan shall for all purposes be deemed to be approved as modified by such designations. Any action of the Associa- tion with respect to any such petition shall not be subject to review by any court. (3)(A) Within 20 days after February 5, 1976, the Association may, by notice to the Congress and by publication in the Federal Register, mod- ify, supplement, or add to the designations of rail properties in the final system plan if the As- sociation finds such actions are necessary to— (i) achieve the efficient implementation of the final system plan, or (ii) provide for the offer to profitable rail- roads of rail properties designated in the final system plan to the Corporation, if such prop- erties are not essential in the operation of other rail properties of the Corporation but are or would be integrally related to the oper- ation of rail properties of (or which are offered pursuant to the final system plan to) such profitable railroad, or (iii) provide for the designation of additional rail properties to the Corporation or to a sub- sidiary thereof to enable the Corporation to serve efficiently a line of railroad designated to the Corporation in the final system plan if such line does not connect with any other line of railroad so designated to the Corporation or if such line would be served more efficiently as a consequence of such designation. Any designation to a profitable railroad pursu- ant to this paragraph shall comply with the sec- ond sentence of section 716(d)(4) of this title, and shall only be made upon a finding by the Asso- ciation that such designation is integrally re- lated to an offer of rail properties to a profitable railroad in the final system plan, that the goals of the final system plan require that the rail properties be operated as a part of the rail prop- erties included in such offer, and that the imple- mentation of such designation will not materi- ally and adversely affect the impact of such offer on the profitability of the Corporation or any profitable railroad operating in the region. Any designation to a profitable railroad pursu- ant to this subsection, which amends any prior offer, shall terminate 30 days after February 5, 1976, unless, prior to such date, such profitable railroad has notified the Association in writing of its acceptance of such amendment to the prior offer. (B) If a line of railroad or any segment thereof is designated for rail service in the final system plan, no designation may be made by the Asso- ciation pursuant to this paragraph which would result in such line or segment not being so des- ignated. Any designations made pursuant to this paragraph shall be treated for all purposes as if they had been included in the final system plan adopted by the Association and reviewed by the Congress. The final system plan shall for all pur- poses be deemed to be approved as amended by such designations. (C) Any designations made pursuant to this paragraph shall not be subject to review by any court. (D) Any labor agreements entered into under section 778 1 of this title shall be subject to fur- ther negotiations for any modifications which may be necessary to implement designations made pursuant to this paragraph. (Pub. L. 93–236, title II, § 208, Jan. 2, 1974, 87 Stat. 999; Pub. L. 94–210, title VI, § 601(e), Feb. 5, 1976, 90 Stat. 84; S. Res. 4, Feb. 4, 1977; H. Res. 549, Mar. 25, 1980.) Editorial Notes REFERENCES IN TEXT Section 778 of this title, referred to in subsec. (d)(3)(D), was repealed by Pub. L. 97–35, title XI, § 1144(a)(1), Aug. 13, 1981, 95 Stat. 669. AMENDMENTS 1976—Subsec. (d). Pub. L. 94–210 added subsec. (d). Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on Interstate and Foreign Commerce of the House of Representatives changed to Committee on Energy and Commerce immediately prior to noon on Jan. 3, 1981, by House Resolution No. 549, Ninety-sixth Congress, Mar. 25, 1980. Committee on Energy and Com- merce of House of Representatives treated as referring Page 169 TITLE 45—RAILROADS § 719 1 See Codification note below. to Committee on Transportation and Infrastructure of House of Representatives, in case of provisions of law relating to railroads, railway labor, or railroad retire- ment and unemployment, by section 1(c)(1) of Pub. L. 104–14, set out as a note preceding section 21 of Title 2, The Congress. Committee on Commerce of the Senate abolished and replaced by Committee on Commerce, Science, and Transportation of the Senate, effective Feb. 11, 1977. See Rule XXV of Standing Rules of the Senate, as amended by Senate Resolution No. 4 (popularly cited as the ‘‘Committee System Reorganization Amendments of 1977’’), approved Feb. 4, 1977. 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. ABOLITION OF UNITED STATES RAILWAY ASSOCIATION AND TRANSFER OF FUNCTIONS AND SECURITIES See section 1341 of this title. APPLICABILITY OF NATIONAL ENVIRONMENTAL POLICY ACT Application of National Environmental Policy Act to actions of Commission not affected by title VI of Pub. L. 94–210, see section 619 of Pub. L. 94–210, set out as a note under section 791 of this title. § 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 sec- tion. After the final system plan becomes effec- tive under section 718 of this title, it may be re- viewed 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 judi- cial panel on multi-district litigation authorized by section 1407 of title 28 for the consolidation in a single, three-judge district court of the United States of all judicial proceedings with re- spect 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 se- lected 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 powers of a district judge in any judicial district with respect to such proceedings and such pow- ers shall include those of a reorganization court. The special court shall have the power to order the conveyance of rail properties of railroads leased, operated, or controlled by a railroad in reorganization in the region. The special court may issue rules for the conduct of any pro- ceedings under this section and under section 745 of this title, including rules with respect to the time within which motions may be filed, and with respect to appropriate representation of in- terests not otherwise represented (including the Secretary with respect to a petition by the Asso- ciation in the case of a proposal developed by the Secretary, under such section 745 of this title). No determination by the panel under this subsection may be reviewed in any court. (2) The special court referred to in paragraph (1) of this subsection is abolished effective 90 days after October 19, 1996. On such effective date, all jurisdiction and other functions of the special court shall be assumed by the United States District Court for the District of Colum- bia. With respect to any proceedings that arise or continue after the date on which the special court is abolished, the references in the fol- lowing provisions to the special court estab- lished under this subsection shall be deemed to refer to the United States District Court for the District of Columbia: (A) Subsections (c), (e)(1), (e)(2), (f) and (g) of this section. (B) Sections 712(d)(3), (g), 717(a)(1), (b)(1), (b)(2), 718(d)(2), 741(e)(2), (g), (k)(3), (k)(15), 743(a)(1), (a)(2), (b)(1), (b)(6)(A), (c)(1), (c)(2), (c)(3), (c)(4), (c)(5), 744(a)(1)(B), (i)(3), 745(c), (d)(1), (d)(2), (d)(3), (d)(4), (d)(5), (d)(8), (e), (f)(1), (f)(2)(B), (f)(2)(D), (f)(2)(E), (f)(3), 746(a), (b), (c)(4), and 791(b)(3), (c) of this title). (C) Sections 1105(a) and 1115 of this title. (D) Sections 1323(2)(A)(iii), (2)(B), (2)(C), (3)(C), (3)(E), (4)(A) and 1324(b) of this title. (E) Section 24907(b) of title 49. (F) Any other Federal law (other than this subsection and section 605 of the Federal Courts Improvement Act of 1996), Executive order, rule, regulation, delegation of author- ity, or document of or relating to the special court as previously established under para- graph (1) of this subsection. (c) Delivery of plan to special court Within 90 days after its effective date, the As- sociation shall deliver a certified copy of the final system plan to the special court and shall certify to the special court— (1) which rail properties of the respective railroads in reorganization in the region and of any person leased, operated, or controlled by such railroads in reorganization are to be transferred to the Corporation, or any sub- sidiary thereof, in accordance with the final system plan; (2) which rail properties of the respective railroads in reorganization in the region or person leased,1 operated, or controlled by such railroads in reorganization are to be conveyed to profitable railroads, in accordance with the final system plan; (3) the amount, terms, and value of the secu- rities of the Corporation or any subsidiary thereof (including any certificates of value of the Association) to be exchanged for those rail