45 U.S.C. § 801 — Declaration of policy

Page 220 TITLE 45—RAILROADS § 797l 1 See References in Text note below. principally to chapter 8 (§ 151 et seq.) of this title. For complete classification of this Act to the Code, see sec- tion 151 of this title and Tables. § 797l. Class II railroads receiving Federal assist- ance The Surface Transportation Board shall im- pose no labor protection conditions in approving an application under section 10902 of title 49 when the application involves a Class II rail car- rier which— (1) is headquartered in a State, and operates in at least one State, with a population of less than 1,000,000 persons, as determined by the 1990 census; and (2) has, as of January 1, 1996, been a recipient of repayable Federal Railroad Administration assistance in excess of $5,000,000. (Pub. L. 93–236, title VII, § 713, as added Pub. L. 104–88, title III, § 327(5)(A), formerly § 327(5), Dec. 29, 1995, 109 Stat. 952, renumbered Pub. L. 104–287, § 6(f)(4)(B), Oct. 11, 1996, 110 Stat. 3399.) Editorial Notes PRIOR PROVISIONS A prior section 797l, Pub. L. 93–236, title VII, § 713, as added Pub. L. 97–35, title XI, § 1143(a), Aug. 13, 1981, 95 Stat. 668, authorized appropriations to carry out activi- ties for protection of employees of Consolidated Rail Corporation, prior to repeal by Pub. L. 99–509, title IV, § 4033(a)(2), Oct. 21, 1986, 100 Stat. 1908. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Jan. 1, 1996, see section 2 of Pub. L. 104–88, set out as a note under section 1301 of Title 49, Transportation. § 797m. Arbitration Any dispute or controversy with respect to the interpretation, application, or enforcement of the provisions of this subchapter, except sec- tions 797b, 797c, 797g, and 797l 1 of this title, or section 1144 of the Northeast Rail Service Act of 1981, and except those matters subject to judi- cial review under section 1152 of the Northeast Rail Service Act of 1981 [45 U.S.C. 1105], which have not been resolved within 90 days, may be submitted by either party to an Adjustment Board for a final and binding decision thereon as provided in section 153 of this title, in which event the burden of proof on all issues so pre- sented shall be on the Corporation, or the Asso- ciation, where appropriate. (Pub. L. 93–236, title VII, § 714, as added Pub. L. 97–35, title XI, § 1143(a), Aug. 13, 1981, 95 Stat. 668.) Editorial Notes REFERENCES IN TEXT Section 797l of this title, referred to in text, was re- pealed by Pub. L. 99–509, title IV, § 4033(a)(2), Oct. 21, 1986, 100 Stat. 1908, and a new section 797l of this title was subsequently added by Pub. L. 104–88, § 327(5). Section 1144 of the Northeast Rail Service Act of 1981, referred to in text, is section 1144 of Pub. L. 97–35, title XI, Aug. 13, 1981, 95 Stat. 669, which repealed subchapter V (§ 771 et seq.) of this chapter and sections 910 and 1006 of this title and enacted provisions set out as a note under section 771 of this title. Statutory Notes and Related Subsidiaries ABOLITION OF UNITED STATES RAILWAY ASSOCIATION AND TRANSFER OF FUNCTIONS AND SECURITIES See section 1341 of this title. CHAPTER 17—RAILROAD REVITALIZATION AND REGULATORY REFORM SUBCHAPTER I—GENERAL PROVISIONS Sec. 801. Declaration of policy. 802. Definitions. 803. Repealed. SUBCHAPTER II—RAILROAD REHABILITATION AND IMPROVEMENT FINANCING 821 to 838. Repealed or Transferred. SUBCHAPTER III—NORTHEAST CORRIDOR PROJECT IMPLEMENTATION 851 to 856. Repealed. SUBCHAPTER I—GENERAL PROVISIONS § 801. Declaration of policy (a) Purpose The purpose of this Act and chapter 224 of title 49, United States Code, is to provide the means to rehabilitate and maintain the physical facili- ties, improve the operations and structure, and restore the financial stability of the railway system of the United States, and to promote the revitalization of such railway system, so that this mode of transportation will remain viable in the private sector of the economy and will be able to provide energy-efficient, ecologically compatible transportation services with greater efficiency, effectiveness, and economy, through— (1) ratemaking and regulatory reform; (2) the encouragement of efforts to restruc- ture the system on a more economically justi- fied basis, including planning authority in the Secretary of Transportation, an expedited pro- cedure for determining whether merger and consolidation applications are in the public in- terest, and continuing reorganization author- ity; (3) financing mechanisms that will assure adequate rehabilitation and improvement of facilities and equipment, implementation of the final system plan, and implementation of the Northeast Corridor project; (4) transitional continuation of service on light-density rail lines that are necessary to continued employment and community well- being throughout the United States; (5) auditing, accounting, reporting, and other requirements to protect Federal funds and to assure repayment of loans and financial responsibility; and (6) necessary studies. (b) Policy The policy of this Act and chapter 224 of title 49, United States Code, is to— (1) balance the needs of carriers, shippers, and the public; Page 221 TITLE 45—RAILROADS § 802 (2) foster competition among all carriers by railroad and other modes of transportation, to promote more adequate and efficient transpor- tation services, and to increase the attractiveness of investing in railroads and rail-service-related enterprises; (3) permit railroads greater freedom to raise or lower rates for rail services in competitive markets; (4) promote the establishment of railroad rate structures which are more sensitive to changes in the level of seasonal, regional, and shipper demand; (5) promote separate pricing of distinct rail and rail-related services; (6) formulate standards and guidelines for determining adequate revenue levels for rail- roads; and (7) modernize and clarify the functions of railroad rate bureaus. (Pub. L. 94–210, title I, § 101, Feb. 5, 1976, 90 Stat. 33; Pub. L. 117–58, div. B, title I, § 21301(j)(3)(A), Nov. 15, 2021, 135 Stat. 691.) Editorial Notes REFERENCES IN TEXT This Act, referred to in text, means Pub. L. 94–210, Feb. 5, 1976, 90 Stat. 31, known as the Railroad Revital- ization and Regulatory Reform Act of 1976. For com- plete classification of this Act to the Code, see Short Title note set out below and Tables. AMENDMENTS 2021—Subsec. (a). Pub. L. 117–58, § 21301(j)(3)(A)(i), sub- stituted ‘‘The purpose of this Act and chapter 224 of title 49, United States Code, is to’’ for ‘‘It is the pur- pose of the Congress in this Act to’’ in introductory provisions. Subsec. (b). Pub. L. 117–58, § 21301(j)(3)(A)(ii), sub- stituted ‘‘The policy of this Act and chapter 224 of title 49, United States Code, is’’ for ‘‘It is declared to be the policy of the Congress in this Act’’ in introductory pro- visions. Statutory Notes and Related Subsidiaries SHORT TITLE OF 2015 AMENDMENT Pub. L. 114–94, div. A, title XI, § 11601(a), Dec. 4, 2015, 129 Stat. 1693, provided that: ‘‘This subtitle [subtitle F (§§ 11601–11611) of title XI of div. A of Pub. L. 114–94, amending sections 821 to 823 of this title and enacting provisions set out as notes under section 821 of this title] may be cited as the ‘Railroad Infrastructure Fi- nancing Improvement Act’.’’ SHORT TITLE Pub. L. 94–210, § 1, Feb. 5, 1976, 90 Stat. 31, provided in part that this Act [enacting this chapter and sections 726 and 745 to 747 of this title, and sections 1a, 5c, 26b, 26c, 1613, 1653a, 1654, and 1657a of former Title 49, Trans- portation, amending sections 543, 545, 546, 562 to 564, 702, 711 to 713, 715, 716, 718 to 721, 724, 725, 741, 743, 744, 762, 763, 771, 772, 774, 775, 778, 779, and 791 of this title, sec- tions 77c, 77s, 78m, and 80a–3 of Title 15, Commerce and Trade, sections 11 and 856 of former Title 31, Money and Finance, and sections 1, 1a, 5, 5b, 6, 12, 13, 15, 15a, 17, 20, 27, 314, 1653, 1658, and 1659 of former Title 49, repealing sections 761 to 762 of this title, enacting provisions set out as notes under sections 745, 761, 791, and 793 of this title, sections 77c and 80a–3 of Title 15, and sections 1, 1a, 5b, 5c, 17, and 1654 of former Title 49, and amending notes set out under section 1651 of former Title 49] may be cited as the ‘‘Railroad Revitalization and Regu- latory Reform Act of 1976’’. § 802. Definitions As used in this Act, unless the context other- wise indicates, the term— (1) ‘‘Association’’ means the United States Railway Association; (2) ‘‘Commission’’ means the Interstate Commerce Commission; (3) ‘‘Corporation’’ means the Consolidated Rail Corporation; (4) ‘‘final system plan’’ means the final sys- tem plan and any additions thereto adopted by the Association pursuant to the Regional Rail Reorganization Act of 1973 (45 U.S.C. 701 et seq.); (5) ‘‘includes’’ and variants thereof should be read as if the phrase ‘‘but is not limited to’’ were also set forth; (6) ‘‘Office’’ means the Rail Services Plan- ning Office of the Commission; (7) ‘‘railroad’’ has the meaning given that term in section 20102 of title 49; and (8) ‘‘Secretary’’ means the Secretary of Transportation or his designated representa- tive. (Pub. L. 94–210, title I, § 102, Feb. 5, 1976, 90 Stat. 33; Pub. L. 97–468, title VI, § 615(b)(2), Jan. 14, 1983, 96 Stat. 2578; Pub. L. 104–88, title III, § 330(1), Dec. 29, 1995, 109 Stat. 953; Pub. L. 109–59, title IX, § 9003(a), Aug. 10, 2005, 119 Stat. 1921.) Editorial Notes REFERENCES IN TEXT This Act, referred to in text, means Pub. L. 94–210, Feb. 5, 1976, 90 Stat. 31, known as the Railroad Revital- ization and Regulatory Reform Act of 1976. For com- plete classification of this Act to the Code, see Short Title note set out under section 801 of this title and Ta- bles. The Regional Rail Reorganization Act of 1973, re- ferred to in par. (4), is Pub. L. 93–236, Jan. 2, 1974, 87 Stat. 985, which is classified principally to chapter 16 (§ 701 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 701 of this title and Tables. AMENDMENTS 2005—Par. (7). Pub. L. 109–59 amended par. (7) gen- erally. Prior to amendment, par. (7) read as follows: ‘‘ ‘railroad’ means a rail carrier subject to part A of subtitle IV of title 49, and includes the National Rail- road Passenger Corporation; and’’. 1995—Par. (7). Pub. L. 104–88 substituted ‘‘rail carrier subject to part A of subtitle IV of title 49’’ for ‘‘com- mon carrier by railroad or express, as defined in section 1(3) of the Interstate Commerce Act (49 U.S.C. 1(3))’’. 1983—Par. (7). Pub. L. 97–468 struck out ‘‘and the Alaska Railroad’’ before the semicolon at end. 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. EFFECTIVE DATE OF 1983 AMENDMENT Amendment by Pub. L. 97–468 effective on date of transfer of Alaska Railroad to the State [Jan. 5, 1985], pursuant to section 1203 of this title, see section 615(b) of Pub. L. 97–468. ABOLITION OF INTERSTATE COMMERCE COMMISSION AND TRANSFER OF FUNCTIONS Interstate Commerce Commission abolished and func- tions of Commission transferred, except as otherwise