45 U.S.C. § 1103 — Goals and objectives

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 Repealed. 1108.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 Repealed. 1112.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 Repealed. 1115.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 Page 242 TITLE 45—RAILROADS § 1104 section referred to as ‘‘nonagreement per- sonnel’’) should forego wage increases and ben- efits in an amount proportionately equivalent to the amount foregone by agreement employ- ees pursuant to paragraph (4) of this section, adjusted annually to reflect inflation. (B) After May 1, 1981, the number of non- agreement personnel should be reduced pro- portionately to any reduction in agreement employees (excluding reductions pursuant to the termination program under section 797a of this title). (2) Suppliers To facilitate the orderly movement of goods in interstate commerce, materials and serv- ices should continue to be available to Con- rail, under normal business practices, includ- ing the provision of credit and normal financ- ing arrangements. (3) Shippers Conrail should utilize the revenue opportu- nities available to it under the Staggers Rail Act of 1980 and subtitle IV of title 49. (4) Agreement employees (A) Conrail should enter into collective bar- gaining agreements with its employees which would reduce Conrail’s costs in an amount equal to $200,000,000 a year, beginning April 1, 1981, adjusted annually to reflect inflation. (B) Agreements under this subparagraph may provide for reductions in wage increases and for changes in fringe benefits common to agreement employees, including vacations and holidays. (C) The cost reductions required under this subparagraph in the first year of the agree- ment may be deferred, but the aggregate cost reductions should be no less than an average of $200,000,000 per year for each of the first three one-year periods beginning April 1, 1981. (D) The amount of cost reductions provided under this paragraph shall be calculated by subtracting the cost of an agreement entered into under this paragraph from (i) the cost that would otherwise result from the applica- tion of the national agreement reached by railroad industry and its employees, or (ii) until such national agreement is reached, the cost which the United States Railway Associa- tion estimates would result from the applica- tion of such a national agreement. (Pub. L. 97–35, title XI, § 1134, Aug. 13, 1981, 95 Stat. 645.) 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. The Staggers Rail Act of 1980, referred to in par. (3), is Pub. L. 96–448, Oct. 14, 1980, 94 Stat. 1895. For com- plete classification of this Act to the Code, see Short Title of 1980 Amendment note set out under section 10101 of Title 49, Transportation, and Tables. Statutory Notes and Related Subsidiaries ABOLITION OF UNITED STATES RAILWAY ASSOCIATION AND TRANSFER OF FUNCTIONS AND SECURITIES See section 1341 of this title. § 1104. Definitions As used in this subtitle, unless the context otherwise requires, the term: (1) ‘‘Amtrak’’ means the National Railroad Passenger Corporation created under chapter 243 of title 49. (2) ‘‘Commission’’ means the Interstate Commerce Commission. (3) ‘‘Commuter authority’’ means any State, local, or regional authority, corporation, or other entity established for purposes of pro- viding commuter service, and includes the Metropolitan Transportation Authority, the Connecticut Department of Transportation, the Maryland Department of Transportation, the Southeastern Pennsylvania Transpor- tation Authority, the New Jersey Transit Cor- poration, the Massachusetts Bay Transpor- tation Authority, the Port Authority Trans- Hudson Corporation, any successor agencies, and any entity created by one or more such agencies for the purpose of operating, or con- tracting for the operation of, commuter serv- ice. (4) ‘‘Commuter service’’ means short-haul rail passenger service operated in metropoli- tan and suburban areas, whether within or across the geographical boundaries of a State, usually characterized by reduced fare, mul- tiple-ride, and commutation tickets, and by morning and evening peak period operations. (5) ‘‘Conrail’’ means the Consolidated Rail Corporation created under title III of the Re- gional Rail Reorganization Act of 1973 (45 U.S.C. 741 et seq.). (6) ‘‘Rail carrier’’ means a common carrier engaged in interstate or foreign commerce by rail subject to subtitle IV of title 49. (7) ‘‘Secretary’’ means the Secretary of Transportation. (8) ‘‘Special court’’ means the judicial panel established under section 209(b)(1) of the Re- gional Rail Reorganization Act of 1973 (45 U.S.C. 719(b)(1)) or, with respect to any pro- ceedings that arise or continue after the panel is abolished pursuant to section 209(b)(2) of such Act [45 U.S.C. 719(b)(2)], the United States District Court for the District of Co- lumbia. (Pub. L. 97–35, title XI, § 1135(a), Aug. 13, 1981, 95 Stat. 645; Pub. L. 104–317, title VI, § 605(c)(3), Oct. 19, 1996, 110 Stat. 3859.) 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. The Regional Rail Reorganization Act of 1973, re- ferred to in par. (5), is Pub. L. 93–236, Jan. 2, 1974, 87 Stat. 985. Title III of the Regional Rail Reorganization Act of 1973 is classified generally to subchapter III (§ 741