45 U.S.C. § 1002 — Definitions

Page 234 TITLE 45—RAILROADS § 922 § 922. Employee stock ownership plan for sur- viving portion of Milwaukee Railroad If an event described in section 920(b) of this title occurs, resulting in the survival of less than the entire Milwaukee Railroad system, then any relief provided for such surviving Mil- waukee Railroad system under the Emergency Rail Services Act of 1970 [45 U.S.C. 661 et seq.] or any other Federal legislation shall be condi- tioned upon good faith efforts by the trustee or the Milwaukee Railroad, or both, to establish an employee stock ownership plan which shall em- brace the purchase or acquisition of qualifying employer securities of the Milwaukee Railroad equal in value to 25 per centum of the amount of such relief provided. (Pub. L. 96–101, § 26, Nov. 4, 1979, 93 Stat. 747.) Editorial Notes REFERENCES IN TEXT The Emergency Rail Services Act of 1970, referred to in text, is Pub. L. 91–663, Jan. 8, 1971, 84 Stat. 1975, which is classified generally to chapter 15 (§ 661 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 661 of this title and Tables. CHAPTER 19—ROCK ISLAND RAILROAD EMPLOYEE ASSISTANCE Sec. 1001. Congressional findings. 1002. Definitions. 1003. Service continuation. 1004. Railroad hiring. 1005. Employee protection agreement. 1006. Repealed. 1007. Election. 1008. Repealed. 1009. Expedited proceedings. 1010. Applicability of National Environmental Pol- icy Act and section 6362(b) of title 42. 1011. Authority of Railroad Retirement Board. 1012. Publications and reports. 1013. Repealed. 1014. New career training assistance. 1015. Repealed. 1016. Temporary rail banking. 1017. Temporary operating approval. 1018. Judicial review. § 1001. Congressional findings Congress hereby finds that— (1) uninterrupted continuation of services over Rock Island lines is dependent on ade- quate employee protection provisions covering Rock Island Railroad employees who are not hired by other railroads; (2) for those Rock Island Railroad employees not hired by other rail carriers, there is no other practicable means of obtaining funds to meet the necessary costs of such employee protection that are assumed by the Rock Is- land Railroad; (3) a cessation of necessary operations of the Rock Island Railroad would have serious re- percussions on the economies of the States in which such railroad principally operates; and (4) premature cessation of services over lines which are the subject of pending purchase ap- plication would result in harm to the shipping public and could imperil continuation of vital commuter service. (Pub. L. 96–254, title I, § 102, May 30, 1980, 94 Stat. 399.) Statutory Notes and Related Subsidiaries SHORT TITLE Pub. L. 96–254, title I, § 101, May 30, 1980, 94 Stat. 399, provided that: ‘‘This title [enacting this chapter, amending sections 231f, 726, 825, 902, 911, 913, and 916 of this title, and enacting provisions set out as a note under this section] may be cited as the ‘Rock Island Railroad Transition and Employee Assistance Act’.’’ SAVINGS PROVISION Pub. L. 96–254, title I, § 125, formerly § 124, May 30, 1980, 94 Stat. 409; renumbered § 125, Pub. L. 96–448, title VII, § 701(a)(1), Oct. 14, 1980, 94 Stat. 1959, provided that: ‘‘If any provision of this title [see Short Title note above] or the application thereof to any person or cir- cumstance is held invalid, the remainder of this title and the application of such provision to other persons or circumstances shall not be affected thereby.’’ § 1002. Definitions As used in this chapter, the term— (1) ‘‘bankruptcy court’’ means the court hav- ing jurisdiction over the reorganization of the Rock Island Railroad; (2) ‘‘Board’’ means the Railroad Retirement Board; (3) ‘‘Commission’’ means the Interstate Commerce Commission; (4) ‘‘employee’’ includes any employee of the Rock Island Railroad as of August 1, 1979, but does not include any individual serving as president, vice-president, secretary, treasurer, comptroller, counsel, member of the board of directors, or any other person performing such functions; (5) the term ‘‘Rock Island Railroad’’ means the Chicago, Rock Island and Pacific Railroad Company, the estate of such Company in its reorganization proceeding, or the trustee ap- pointed in such proceeding; and (6) the term ‘‘Secretary’’ means the Sec- retary of Transportation. (Pub. L. 96–254, title I, § 103, May 30, 1980, 94 Stat. 399; Pub. L. 96–448, title VII, § 701(b)(3), Oct. 14, 1980, 94 Stat. 1960.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, 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 Is- land Railroad Transition and Employee Assistance Act, which is classified principally to this chapter. For com- plete classification of title I to the Code, see Short Title note set out under section 1001 of this title and Tables. AMENDMENTS 1980—Par. (5). Pub. L. 96–448 inserted ‘‘, the estate of such Company in its reorganization proceeding, or the trustee appointed in such proceeding’’ after ‘‘Railroad Company’’. The amendment was executed by inserting amendatory text preceding the semicolon instead of the period at end of par. (5) as directed to reflect the probable intent of Congress, in view of par. (5) being en- acted without a closing period. Page 235 TITLE 45—RAILROADS § 1004 Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96–448 effective Oct. 14, 1980, see section 710(d) of Pub. L. 96–448, set out as a note under section 1170 of Title 11, Bankruptcy. 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. § 1003. Service continuation (a) Situations requiring directed service; time period Notwithstanding the provisions of Public Law 96–131, the Commission shall order directed serv- ice for a period of not to exceed 90 days over any line of the Rock Island Railroad if the Secretary finds and certifies to the Commission that— (1) a lack of rail service exists which cannot be resolved by a grant of interim operating au- thority over such line and grains or foods are ready to be shipped to market; or (2) a lack of rail service exists which cannot be resolved by a grant of interim operating au- thority over such line and a rail carrier, ship- per, State, or other interested party has ex- pressed in writing to the Secretary an interest in purchasing, leasing, or rehabilitating the particular rail line or facility for purposes of providing rail services, and there is a reason- able expectation that such transaction will be consummated. (b) Availability of funds (1) Not more than $15,000,000 of the funds avail- able for expenditure by the Secretary out of the Railroad Rehabilitation and Improvement Fund established under chapter 224 of title 49 may be made available by the Secretary to the Commis- sion for purposes of providing directed service under this section. (2) Funds may be made available for directed service under this section without regard to the findings of the Secretary required under chapter 224 of title 49, including section 22404 of such title, shall not apply to any directed service pro- vided with such funds. (c) Continuation of compensation terms for trackage rights, joint facilities, etc. The terms of compensation for all trackage rights, joint facilities, and similar arrangements between other rail carriers and the trustee of the Rock Island Railroad which are in effect on or after March 15, 1980, on portions of the lines of the Rock Island Railroad involved in tem- porary emergency operations shall be continued in effect during the duration of the temporary emergency operating authority with the carrier providing temporary emergency service sub- stituting for the trustee, except where the Rock Island Railroad has been given more favorable treatment by virtue of its bankruptcy. Such continuation shall not alter or affect the ulti- mate rights of other rail carriers under trackage rights, joint facilities, or similar arrangements nor prejudice the ultimate determination of any controversy or proceeding concerning rights of the parties with regard to assignment by the trustee of rights in or to the facilities or under the arrangements. (Pub. L. 96–254, title I, § 104, May 30, 1980, 94 Stat. 400; Pub. L. 104–88, title III, § 329(1), Dec. 29, 1995, 109 Stat. 952; Pub. L. 117–58, div. B, title I, § 21301(j)(3)(F), Nov. 15, 2021, 135 Stat. 692.) Editorial Notes REFERENCES IN TEXT Public Law 96–131, referred to in subsec. (a), is Pub. L. 96–131, Nov. 30, 1979, 93 Stat. 1023, known as the Depart- ment of Transportation and Related Agencies Appro- priation Act, 1980, which enacted provisions set out as notes under former section 851 of this title, section 501 of Title 14, Coast Guard, and section 106 and former sec- tion 10344 of Title 49, Transportation. For complete classification of this Act to the Code, see Tables. AMENDMENTS 2021—Subsec. (b)(1). Pub. L. 117–58, § 21301(j)(3)(F)(i), substituted ‘‘chapter 224 of title 49’’ for ‘‘title V of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 821 et seq.)’’ and struck out ‘‘and section 916(b) of this title’’ before period at end. Subsec. (b)(2). Pub. L. 117–58, § 21301(j)(3)(F)(ii), sub- stituted ‘‘chapter 224 of title 49, including section 22404 of such title,’’ for ‘‘title V of the Railroad Revitaliza- tion and Regulatory Reform Act of 1976, and section 516 of such Act (45 U.S.C. 836)’’. 1995—Subsec. (a). Pub. L. 104–88 substituted ‘‘the pro- visions of Public Law 96–131’’ for ‘‘the provisions of sec- tion 11125 of title 49 or Public Law 96–131’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1995 AMENDMENT Amendment by Pub. L. 104–88 effective Jan. 1, 1996, see section 2 of Pub. L. 104–88, set out as an Effective Date note under section 1301 of Title 49, Transpor- tation. 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. § 1004. Railroad hiring (a) Each person who is an employee of the Rock Island Railroad on August 1, 1979, and who, prior to January 1, 1984, is separated or fur- loughed (other than for cause) from his employ- ment with such railroad, or from his employ- ment with another rail carrier providing tem- porary service over lines of the Rock Island Railroad, as a result of a reduction of service by such railroad or such temporary service carrier shall, unless found to be less qualified than