45 U.S.C. § 1014 — New career training assistance

Page 239 TITLE 45—RAILROADS § 1017 § 1014. New career training assistance (a) Eligible employees An employee who elects to receive a separa- tion 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 ex- penses for training in qualified institutions for new career opportunities. (b) Conditions for assistance To be eligible for assistance under this sec- tion, an employee— (1) must first exhaust any Federal edu- cational 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 em- ployee with the Board. (d) Assistance prohibited after April 1, 1984 No assistance may be provided under this sec- tion after April 1, 1984. (e) Definitions As used in this section— (1) the term ‘‘expenses’’ means actual, rea- sonable 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 pay- ment by the Veterans’ Administration under chapter 36 of title 38, or a State-accredited in- stitution which has been in existence for not less than 2 years. (Pub. L. 96–254, title I, § 119(a)–(e), May 30, 1980, 94 Stat. 408; Pub. L. 97–468, title II, § 233, Jan. 14, 1983, 96 Stat. 2547.) Editorial Notes 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. AMENDMENTS 1983—Subsec. (a). Pub. L. 97–468 substituted ‘‘under an employee protection agreement entered into or a ben- efit 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 en- tered into under section 1005 of this title may’’. Statutory Notes and Related Subsidiaries 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. § 1015. Repealed. Pub. L. 104–88, title III, § 329(2), Dec. 29, 1995, 109 Stat. 952 Section, Pub. L. 96–254, title I, § 120, May 30, 1980, 94 Stat. 408; Pub. L. 97–216, title I, § 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. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal by Pub. L. 104–88 effective Jan. 1, 1996, see sec- tion 2 of Pub. L. 104–88, set out as an Effective Date note under section 1301 of Title 49, Transportation. § 1016. Temporary rail banking During the 180-day period beginning on May 30, 1980, no rail line or facility of the Rock Is- land Railroad which has been approved for aban- donment by the Commission or the bankruptcy court may be downgraded, scrapped, or other- wise disposed of without the approval of the Sec- retary 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 rail- road 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 in- terested party has expressed in writing an in- terest 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 con- summated. (Pub. L. 96–254, title I, § 121, May 30, 1980, 94 Stat. 409.) Statutory Notes and Related Subsidiaries 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. § 1017. Temporary operating approval (a) Use of tracks and facilities by other rail car- riers; terms of compensation; continuation of service The Commission may authorize any rail car- rier willing to do so voluntarily to use the tracks and facilities of a carrier which, on Janu- ary 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