45 U.S.C. § 913 — Authorization of appropriations

Page 230 TITLE 45—RAILROADS § 912 (c) Filing of application; Board determination Entitlement to expenses for assistance under this section shall be determined by the Board on the basis of an application therefor filed by an employee 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 ex- penses paid for room, board, tuition, fees, or educational material in an amount not to ex- ceed $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 two years. (Pub. L. 96–101, § 12, Nov. 4, 1979, 93 Stat. 743; Pub. L. 96–254, title I, § 119(f), May 30, 1980, 94 Stat. 408.) Editorial Notes AMENDMENTS 1980—Subsec. (e)(2). Pub. L. 96–254 inserted reference to State-accredited institutions which have been in ex- istence for not less than two years. 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. § 912. Election Any employee who receives any assistance under section 909 or section 911 of this title or under an employee protection agreement en- tered into under section 908 of this title shall be deemed to waive any employee protection bene- fits otherwise available to such employee under the Bankruptcy Act, subtitle IV of title 49, or any applicable contract or agreement. (Pub. L. 96–101, § 13, Nov. 4, 1979, 93 Stat. 743.) Editorial Notes REFERENCES IN TEXT Section 909 of this title, referred to in text, was in the original ‘‘section 10’’, meaning section 10 of Pub. L. 96–101, Nov. 4, 1979, 93 Stat. 741. Subsecs. (a) to (g) of section 10 are classified to section 909 of this title. Sub- sec. (h) of section 10 amended section 231f(b)(7) of this title. The Bankruptcy Act, referred to in text, is act July 1, 1898, ch. 541, 30 Stat. 544, which was classified gen- erally to former Title 11, Bankruptcy. The Act was re- pealed effective Oct. 1, 1979, by Pub. L. 95–598, §§ 401(a), 402(a), Nov. 6, 1978, 92 Stat. 2682, section 101 of which en- acted revised Title 11. For current provisions relating to railroad reorganization, see subchapter IV (§ 1161 et seq.) of chapter 11 of Title 11. § 913. Authorization of appropriations (a) There is authorized to be appropriated to provide supplementary unemployment insurance under section 909 of this title not to exceed $5,000,000. (b) There is authorized to be appropriated for new career training assistance under section 911 of this title not to exceed $1,500,000. (c) There is authorized to be appropriated to the Board to carry out its administrative ex- penses under this chapter and the Rock Island Railroad Transition and Employee Assistance Act [45 U.S.C. 1001 et seq.] not to exceed $750,000. Effective October 1, 1980, there is authorized to be appropriated to the Board an additional $1,000,000 to carry out its administrative ex- penses under this chapter and the Rock Island Railroad Transition and Employee Assistance Act [45 U.S.C. 1001 et seq.]. (d) There are authorized to be appropriated $15,000,000 for purposes of providing transaction assistance in accordance with section 825(h)(1)(A) and (B) of this title. (e) Amounts appropriated under this section are authorized to remain available until ex- pended. (Pub. L. 96–101, § 14, Nov. 4, 1979, 93 Stat. 743; Pub. L. 96–254, title I, § 109, May 30, 1980, 94 Stat. 403; Pub. L. 96–448, title VII, § 701(c)(2), Oct. 14, 1980, 94 Stat. 1961; Pub. L. 97–468, title II, § 234(b), Jan. 14, 1983, 96 Stat. 2547.) Editorial Notes REFERENCES IN TEXT Section 909 of this title, referred to in subsec. (a), was in the original ‘‘section 10’’, meaning section 10 of Pub. L. 96–101, Nov. 4, 1979, 93 Stat. 741. Subsecs. (a) to (g) of section 10 are classified to section 909 of this title. Sub- sec. (h) of section 10 amended section 231f(b)(7) of this title. The Rock Island Railroad Transition and Employee Assistance Act, referred to in subsec. (c), is title I of Pub. L. 96–254, May 30, 1980, 94 Stat. 399, which is classi- fied principally to chapter 19 (§ 1001 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1001 of this title and Tables. Section 825 of this title, referred to in subsec. (d), was repealed by Pub. L. 105–178, title VII, § 7203(a)(2), June 9, 1998, 112 Stat. 477. AMENDMENTS 1983—Subsec. (b). Pub. L. 97–468 struck out provision that, effective Oct. 1, 1980, there was authorized to be appropriated an additional $1,500,000 for new career training assistance under section 911 of this title and section 1014 of this title. 1980—Subsec. (b). Pub. L. 96–254, § 109(b), inserted pro- visions authorizing an appropriation of an additional $1,500,000, effective Oct. 1, 1980, for career training as- sistance under section 911 of this title and section 1014 of this title. Subsec. (c). Pub. L. 96–254, § 109(a), inserted provisions authorizing the use of previously appropriated funds to carry out administrative expenses under the Rock Is- land Railroad Transition and Employee Assistance Act and authorizing an appropriation of an additional $1,000,000, effective Oct. 1, 1980, to carry out administra- tive expenses under this chapter and the Rock Island Railroad Transition and Employee Assistance Act. Subsecs. (d), (e). Pub. L. 96–448 added subsec. (d) and redesignated former subsec. (d) as (e). 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. Page 231 TITLE 45—RAILROADS § 915 1 See References in Text note below. § 914. Obligation guarantees (a) Authorization The Secretary of Transportation, under the authority of section 831 of this title, shall guar- antee obligations of the Milwaukee Railroad for purposes of providing employee protection in ac- cordance with the terms of the employee protec- tion agreement entered into under section 908 of this title. Guarantees under this section shall be entered into without regard to the requirements of subsection (g) of section 831 of this title. (b) Obligations as administrative expense Any obligation guaranteed pursuant to this section shall be treated as an administrative ex- pense of the estate of the Milwaukee Railroad. (c) Limit on aggregate unpaid principal amount The aggregate unpaid principal amount of ob- ligations which may be guaranteed by the Sec- retary pursuant to this section shall not exceed $75,000,000. (d) Limit on total liability The total liability of the Milwaukee Railroad in connection with benefits and allowances pro- vided under an employee protection agreement entered into under section 908 of this title shall not exceed $75,000,000. (e) Liability of United States respecting section 908 agreements Except in connection with obligations guaran- teed under this section, the United States shall incur no liability to employees in connection with any employee protection agreement en- tered into under section 908 of this title. (f) Applicability of section 22404 of title 49 Section 22404 of title 49 shall not apply to any obligation guaranteed under this section. (Pub. L. 96–101, § 15, Nov. 4, 1979, 93 Stat. 743; Pub. L. 96–448, title VII, § 701(a)(3), Oct. 14, 1980, 94 Stat. 1959; Pub. L. 117–58, div. B, title I, § 21301(j)(3)(E), Nov. 15, 2021, 135 Stat. 692.) Editorial Notes REFERENCES IN TEXT Section 831 of this title, referred to in subsec. (a), was repealed by Pub. L. 105–178, title VII, § 7203(a)(2), June 9, 1998, 112 Stat. 477, except for subsec. (c) of that sec- tion, which was renumbered and transferred to section 823(b) of this title by section 7203(a)(4) of Pub. L. 105–178. Section 823(b) of this title was subsequently re- pealed by Pub. L. 117–58, div. B, title I, § 21301(b)(1)(A), Nov. 15, 2021, 135 Stat. 683. AMENDMENTS 2021—Subsec. (f). Pub. L. 117–58 substituted ‘‘Section 22404 of title 49’’ for ‘‘Section 836 of this title’’. 1980—Subsec. (e). Pub. L. 96–448 inserted ‘‘to employ- ees’’ after ‘‘no liability’’. 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. § 915. Court approved abandonment and sales in pending cases (a) Abandonment of lines of railroad under Bankruptcy Act Notwithstanding any other provision of law, in any case pending under section 77 of the Bank- ruptcy Act on November 4, 1979, the court may authorize the abandonment of lines of railroad pursuant to section 1170 of title 11. Pending the expiration of the time for appeal of an abandon- ment order or the determination of any such ap- peal, the court may authorize the termination of service on a line to be abandoned, and the order authorizing such termination may not be stayed. In authorizing any abandonment pursu- ant to this section, the court shall require the carrier to provide a fair arrangement at least as protective of the interests of employees as that required under section 11347 1 of title 49. (b) Sale or transfer of lines of railroad under Bankruptcy Act (1) Notwithstanding any other provision of law, in any case pending under section 77 of the Bankruptcy Act on November 4, 1979, the court may authorize the sale or transfer of a line of railroad to be used in continued rail operations, subject to the approval of the Commission under paragraph (2) of this subsection, if the applica- tion with respect to such sale or transfer is filed with the Commission on or after November 1, 1979. In authorizing any such sale or transfer, the court shall provide a fair arrangement at least as protective of the interests of employees as that required under section 11347 1 of title 49. (2) The court described in paragraph (1) may not authorize a sale or transfer pursuant to such paragraph unless an appropriate application with respect to such sale or transfer is initiated with the Commission and, within such time as the court may fix, not exceeding 180 days, the Commission, with or without a hearing, as the Commission may determine, and with or with- out modification or condition, approves such ap- plication, or does not act on such application. Any action or order of the Commission approv- ing, modifying, conditioning, or disapproving such application is subject to review by the court only under sections 706(2)(A), 706(2)(B), 706(2)(C), and 706(2)(D) of title 5. (3)(A) If a person has made or makes an offer to acquire from a carrier subject to liquidation a rail line or lines over which no service is pro- vided by that carrier, and that offer has been or is rejected by the trustee in bankruptcy of such carrier, such person may submit an application to the Commission seeking approval of such per- son’s acquisition of such line or lines. A copy of any such application shall be filed simulta- neously with the court. (B) The Commission shall, within 15 days after the filing of an application under subparagraph (A) of this paragraph, determine whether the ap- plicant— (i) is a financially responsible person; and (ii) has made a bona fide offer to acquire the line or lines under reasonable terms. (C)(i) If the Commission’s determination under subparagraph (B) of this paragraph is affirma-