45 U.S.C. § 1018 — Judicial review

Page 240 TITLE 45—RAILROADS § 1018 1 See References in Text note below. under such terms of compensation as the car- riers establish between themselves, or if the car- riers are unable to agree, under such terms of compensation as the Commission finds to be rea- sonable. 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 jurisdic- tion over such a carrier to liquidate its prop- erties 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 connec- tion with the traffic subject to the action of the Commission. (Pub. L. 96–254, title I, § 122, May 30, 1980, 94 Stat. 409; Pub. L. 97–130, § 5(a), Dec. 29, 1981, 95 Stat. 1690; Pub. L. 97–468, title II, § 214, Jan. 14, 1983, 96 Stat. 2545.) Editorial Notes REFERENCES IN TEXT Section 77 of the Bankruptcy Act, referred to in sub- sec. (a), was classified to section 205 of former Title 11, Bankruptcy. The Bankruptcy Act (act July 1, 1898, ch. 541, 30 Stat. 544) was repealed effective Oct. 1, 1979, by Pub.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 cur- rent provisions relating to railroad reorganization, see subchapter IV (§ 1161 et seq.) of chapter 11 of Title 11. AMENDMENTS 1983—Subsec. (a). Pub. L. 97–468, § 214(a), substituted ‘‘a carrier which, on January 14, 1983, was the subject of a proceeding pending under section 77 of the Bank- ruptcy 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 ju- risdiction 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, § 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. 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. TERMINATION OF APPLICABILITY OF AMENDMENT TO INTERSTATE COMMERCE SERVICE ORDER 1498 ON MAY 15, 1982 Pub. L. 97–130, § 5(b), Dec. 29, 1981, 95 Stat. 1691, pro- vided 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.’’ § 1018. Judicial review (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 jurisdic- tion 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 Ap- peals for the Seventh Circuit. (b) Appellate proceedings If appeals are taken from decisions described in subsection (a) of this section involving sec- tion 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 de- termine such appeals in a consolidated pro- ceeding, 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 com- mence an action in the United States Court of Claims 1 under section 1491 of title 28 (commonly referred to as the Tucker Act). (Pub. L. 96–254, title I, § 124, as added Pub. L. 96–448, title VII, § 701(a)(1), Oct. 14, 1980, 94 Stat. 1959; amended Pub. L. 98–620, title IV, § 402(49), Nov. 8, 1984, 98 Stat. 3361.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (a)(1) and (c), was in the original ‘‘this title’’, meaning title I (§ 101 et seq.) of Pub. L. 96–254, May 30, 1980, 94 Stat. 399, 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, which is classified principally to chap- ter 18 (§ 901 et seq.) of this title. For complete classi- fication 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, § 234(a), Jan. 14, 1983, 96 Stat. 2547. The United States Court of Claims, referred to in sub- sec. (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. Page 241 TITLE 45—RAILROADS § 1103 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. Statutory Notes and Related Subsidiaries 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, Judici- ary 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, Bank- ruptcy. CHAPTER 20—NORTHEAST RAIL SERVICE Sec. 1101. Congressional findings and declarations. 1102. Statement of purpose. 1103. Goals and objectives. 1104. Definitions. 1105. Judicial review. 1106. Exemption from transfer taxes and fees; rec- ordation. 1107. Repealed. 1108. Concerted economic action. 1109. Effectuation of cost reductions. 1110, 1111. Repealed. 1112. Interstate Commerce Commission pro- ceedings. 1113. Intercity passenger service. 1114. Repealed. 1115. Redemption of stock. 1116. Applicability of other laws. § 1101. Congressional findings and declarations The Congress finds and declares that— (1) the processes set in motion by the Re- gional Rail Reorganization Act of 1973 [45 U.S.C. 701 et seq.] have failed to create a self- sustaining railroad system in the Northeast region of the United States and have cost United States taxpayers many billions of dol- lars over original estimates; (2) current arrangements for the provision of rail freight and commuter service in the Northeast and Midwest regions of the United States are inadequate to meet the transpor- tation needs of the public and the needs of na- tional security; (3) although the Federal Government has provided billions of dollars in assistance for Conrail and its employees, the Federal inter- est in ensuring the flow of interstate com- merce through rail service in the private sec- tor has not been achieved, and the protection of interstate commerce requires Federal inter- vention to preserve essential rail service in the private sector; (4) the provisions for protection of employ- ees of bankrupt railroads contained in the Re- gional Rail Reorganization Act of 1973 [45 U.S.C. 701 et seq.] have resulted in the pay- ment of benefits far in excess of levels antici- pated at the time of enactment, have imposed an excessive fiscal burden on the Federal tax- payer, and are now an obstacle to the estab- lishment of improved rail service and contin- ued rail employment in the Northeast region of the United States; and (5) since holding Conrail liable for employee protection payments would destroy its pros- pects of becoming a profitable carrier and fur- ther injure its employees, an alternative em- ployee protection system must be developed and funded. (Pub. L. 97–35, title XI, § 1132, Aug. 13, 1981, 95 Stat. 644.) Editorial Notes REFERENCES IN TEXT The Regional Rail Reorganization Act of 1973, re- ferred to in pars. (1) and (4), is Pub. L. 93–236, Jan. 2, 1974, 87 Stat. 985, which is classified principally to chap- ter 16 (§ 701 et seq.) of this title. For complete classi- fication of this Act to the Code, see Short Title note set out under section 701 of this title and Tables. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 97–35, title XI, § 1169, Aug. 13, 1981, 95 Stat. 687, provided that: ‘‘Except as otherwise provided, the pro- visions of and the amendments made by this subtitle [subtitle E (§§ 1131–1169) of title XI of Pub. L. 97–35, see Short Title note set out below] shall take effect on the date of the enactment of this subtitle [Aug. 13, 1981].’’ SHORT TITLE Pub. L. 97–35, title XI, § 1131, Aug. 13, 1981, 95 Stat. 643, provided that: ‘‘This subtitle [subtitle E (§§ 1131–1169) of title XI of Pub. L. 97–35, enacting this chapter, and sec- tions 159a, 581 to 590, 727 to 729, 744a, 748, 761 to 769c, and 797 to 797m of this title, amending sections 601, 702, 711 to 713, 724, 741, 743, 745, 821, 825, and 829 of this title, re- pealing sections 771 to 780, 910, and 1006 of this title, and enacting provisions set out as notes under sections 744a, 771, and 1101 of this title] may be cited as the ‘Northeast Rail Service Act of 1981’.’’ § 1102. Statement of purpose It is therefore declared to be the purpose of the Congress in this subtitle to provide for— (1) the removal by a date certain of the Fed- eral Government’s obligation to subsidize the freight operations of Conrail; (2) transfer of Conrail commuter service re- sponsibilities to one or more entities whose principal purpose is the provision of commuter service; and (3) an orderly return of Conrail freight serv- ice to the private sector. (Pub. L. 97–35, title XI, § 1133, Aug. 13, 1981, 95 Stat. 644.) Editorial Notes REFERENCES IN TEXT This subtitle, referred to in text, is subtitle E (§§ 1131–1169) of title XI of Pub. L. 97–35, Aug. 13, 1981, 95 Stat. 643, known as the Northeast Rail Service Act of 1981. For complete classification of this subtitle to the Code, see Short Title note set out under section 1101 of this title and Tables. § 1103. Goals and objectives It is the goal of this subtitle to provide Con- rail the opportunity to become profitable through the achievement of the following objec- tives: (1) Nonagreement personnel (A) Employees who are not subject to collec- tive bargaining agreements (hereafter in this