45 U.S.C. § 901 — Congressional findings

Page 224 TITLE 45—RAILROADS § 901 Sec. 903. Sales and transfers. 904. Court approved abandonments and sales. 905. Employee or employee-shipper ownership plan. 906. Guarantee of trustee certificates. 907. Railroad hiring. 908. Employee protection agreements. 909. Supplementary unemployment insurance. 910. Repealed. 911. New career training assistance. 912. Election. 913. Authorization of appropriations. 914. Obligation guarantees. 915. Court approved abandonment and sales in pending cases. 916. Repealed. 917. Applicability of National Environmental Pol- icy Act. 918. Authority of Railroad Retirement Board. 919. Publications and reports. 920. Continuation of service. 921. Office of Rail Public Counsel. 922. Employee stock ownership plan for surviving portion of Milwaukee Railroad. § 901. Congressional findings (a) Congress hereby finds that— (1) the severe operating losses and the dete- riorating plant and equipment of the Mil- waukee Railroad threaten to cause cessation of its operations in the near future; (2) a cessation of operations by the Mil- waukee Railroad would have serious repercus- sions on the economies of the States in which such railroad principally operates (the States of Washington, Montana, Idaho, North Da- kota, South Dakota, Illinois, Iowa, Missouri, Michigan, Indiana, Minnesota, and Wisconsin); (3) a cessation of operations of the Mil- waukee Railroad would result in the loss of many thousands of jobs of railroad workers and other workers whose employment is de- pendent upon rail service over the lines pres- ently operated by the Milwaukee Railroad; (4) experienced railroad employees make a valuable contribution toward strengthening the railroad industry; and other railroads have the ability and willingness to employ dis- placed employees of the Milwaukee Railroad; (5) the ownership by employees or by em- ployees and shippers of part or all of the Mil- waukee Railroad may be a valuable tool in re- organization and should be given serious con- sideration; (6) cessation of essential transportation services by the Milwaukee Railroad would en- danger the public welfare; (7) cessation of such services is imminent; and (8) there is no other practicable means of ob- taining funds to meet payroll and other ex- penses necessary for continuation of services and reorganization of the Milwaukee Railroad. (b) The Congress declares that emergency measures set forth in this chapter must be taken to restructure the Milwaukee Railroad and to avoid the potential unemployment and damage to the economy of the region and of the Nation which a cessation of essential services by the Milwaukee Railroad would otherwise cause. (Pub. L. 96–101, § 2, Nov. 4, 1979, 93 Stat. 736.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (b), was in the original ‘‘this Act’’, meaning Pub. L. 96–101, Nov. 4, 1979, 93 Stat. 736, known as the Milwaukee Railroad Re- structuring Act, which enacted this chapter and amended sections 231f, 662, 721, former section 821, and section 825 of this title. For complete classification of this Act to the Code, see Short Title note set out below and Tables. Statutory Notes and Related Subsidiaries SHORT TITLE OF 1983 AMENDMENT Pub. L. 97–468, title II, § 201, Jan. 14, 1983, 96 Stat. 2543, provided that: ‘‘This title [amending sections 797c, 907, 913, 915, 1004, 1005, 1007, 1014, and 1017 of this title, re- pealing section 1008 of this title and enacting provi- sions set out as notes under this section] may be re- ferred to as the ‘Bankrupt Railroad Service Preserva- tion and Employee Protection Act of 1982’.’’ SHORT TITLE Pub. L. 96–101, § 1, Nov. 4, 1979, 93 Stat. 736, provided: ‘‘That this Act [enacting this chapter and amending sections 231f, 662, 721, 821, and 825 of this title] may be cited as the ‘Milwaukee Railroad Restructuring Act’.’’ STATEMENT OF PURPOSE Pub. L. 97–468, title II, subtitle A, § 211, Jan. 14, 1983, 96 Stat. 2543, provided that: ‘‘It is the purpose of this subtitle [amending sections 915 and 1017 of this title and enacting provisions set out as notes under this sec- tion] to continue the effort by Congress to assure serv- ice over the lines of rail carriers subject to liquidation in instances where rail carriers are willing to provide service over such lines and financially responsible per- sons are willing to purchase the lines for continued rail operations.’’ CONGRESSIONAL FINDINGS Pub. L. 97–468, title II, § 212, Jan. 14, 1983, 96 Stat. 2543, provided that: ‘‘The Congress finds that— ‘‘(1) it is necessary to establish procedures to facili- tate and expedite the acquisition of rail lines of car- riers subject to liquidation by financially responsible persons in instances where service is not being pro- vided over the line by the carrier and where the fi- nancially responsible person seeks to provide rail service over the line; ‘‘(2) procedures set forth in the amendments made by this title [see Short Title of 1983 Amendment note above] represent an exercise of the powers of the Con- gress under the Constitution to regulate commerce among the several States which will provide a prac- ticable means for preserving rail service, thus bene- fiting shippers, employees, and the economies of the States in which such carriers subject to liquidation have operated service, and for facilitating interstate commerce, while at the same time providing safe- guards to protect the interest of the estates of such carriers by requiring compensation which is not less than the constitutionally required minimum; and ‘‘(3) it is in the public interest that the Interstate Commerce Commission’s authority to issue orders in- volving temporary authority to operate service over lines of carriers subject to liquidation be clarified.’’ [Interstate Commerce Commission abolished and functions of Commission transferred, except as other- wise provided in Pub. L. 104–88, to Surface Transpor- tation 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 appropriate, see section 205 of Pub. Page 225 TITLE 45—RAILROADS § 904 1 See References in Text note below. 2 So in original. Probably should be ‘‘interests’’. L. 104–88, set out as a note under section 1301 of Title 49.] § 902. Definitions As used in this chapter— (1) the term ‘‘bankruptcy court’’ means the court having jurisdiction over the reorganiza- tion of the Milwaukee Railroad; (2) the term ‘‘Board’’ means the Railroad Re- tirement Board; (3) the term ‘‘Commission’’ means the Inter- state Commerce Commission; (4) the term ‘‘employee’’— (A) includes any employee of the Mil- waukee Railroad who worked on a line of such railroad the sale of which became effec- tive on October 1, 1979; but (B) does not include any individual serving as president, vice-president, secretary, treas- urer, comptroller, counsel, member of the board of directors, or any other person per- forming such functions; (5) the term ‘‘Milwaukee Railroad’’ means the Chicago, Milwaukee, St. Paul and Pacific Railroad Company; and (6) the term ‘‘restructured Milwaukee Rail- road’’ means the entity that is designated as the reorganized railroad under the reorganiza- tion plan for the Milwaukee Railroad finally certified by the Commission. (Pub. L. 96–101, § 3, Nov. 4, 1979, 93 Stat. 736; Pub. L. 96–254, title I, § 123, May 30, 1980, 94 Stat. 409.) Editorial Notes AMENDMENTS 1980—Par. (6). Pub. L. 96–254 redefined ‘‘restructured Milwaukee Railroad’’ to mean the entity that is des- ignated as the reorganized railroad under the reorga- nization plan for the Milwaukee Railroad finally cer- tified by the Commission. 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. § 903. Sales and transfers (a) The Milwaukee Railroad may negotiate and enter into agreements to sell, to another rail carrier or any other person, all or any por- tion of its rail properties used in railroad oper- ations as of October 15, 1979. Such sale agree- ments may in no event become final and effec- tive until the occurrence of an event described in section 920(b) of this title, or April 1, 1980, whichever first occurs. In taking action under this subsection, the Milwaukee Railroad may consult with the Secretary of Transportation. (b)(1) The Secretary of Transportation, under the authority of section 333 of title 49, may de- velop plans, participate in negotiations, and rec- ommend to the trustee proposals for the sale or transfer of any rail properties of the Milwaukee Railroad which are used in rail operations as of October 15, 1979. In taking action under this paragraph, the Secretary shall give preference to financially responsible persons, including governmental entities, negotiating for the pur- chase of any lines with the intent of providing common carrier service. (2) Any sale or transfer proposal developed under paragraph (1) of this subsection shall be submitted to the bankruptcy court. Such a pro- posal may in no event become final or effective until the occurrence of an event described in section 920(b) of this title, or April 1, 1980, whichever first occurs. (Pub. L. 96–101, § 4, Nov. 4, 1979, 93 Stat. 737.) Editorial Notes CODIFICATION In subsec. (b)(1), ‘‘section 333 of title 49’’ was sub- stituted for ‘‘section 5(a)–(e) of the Department of Transportation Act [49 U.S.C. 1654(a)–(e)]’’, on author- ity of Pub. L. 97–449, § 6(b), Jan. 12, 1983, 96 Stat. 2443, the first section of which enacted subtitle I (§ 101 et seq.) and chapter 31 (§ 3101 et seq.) of subtitle II of Title 49, Transportation. § 904. Court approved abandonments and sales (a) Abandonment of lines of railroad under sec- tion 1170 of title 11 (1) Upon the occurrence of an event described in section 920(b) of this title, or on April 1, 1980, whichever first occurs, the bankruptcy court may authorize the abandonment of lines of the Milwaukee Railroad pursuant to section 1170 of title 11. Pending the expiration of the time for appeal of an abandonment order or the deter- mination of any such appeal, the bankruptcy court may authorize the termination of service on a line to be abandoned, and the order author- izing such termination may not be stayed. In au- thorizing any abandonment pursuant to this sec- tion, the court shall require the carrier to pro- vide a fair arrangement at least as protective of the interests of employees as that required under section 11347 1 of title 49. (2) Prior to the date specified in paragraph (1) of this subsection, the bankruptcy court may hear and consider any request for the abandon- ment of lines of the Milwaukee Railroad, and may fix the time for the Commission’s report on the request, but it may take final action author- izing such abandonment only in accordance with such paragraph (1). (b) Sale or transfer of lines of railroad (1) Upon the occurrence of an event described in section 920(b) of this title, or on April 1, 1980, whichever first occurs, the bankruptcy court may authorize the sale or transfer of a line of the Milwaukee Railroad to be used in continued rail operations, subject to the approval of the Commission under paragraph (2) of this sub- section. In authorizing any such sale or transfer, the court shall provide a fair arrangement at least as protective of the interest 2 of employees as that required under section 11347 1 of title 49.