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45 U.S.C. § 1102 — Statement of purpose

Federal law — U.S. Code and appendices · legal_authorities

45 U.S.C. § 1102 — Statement of purpose

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 Repealed. 1108.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 Repealed. 1112.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 Repealed. 1115.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- t

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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

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Federal law — U.S. Code and appendices · legal_authorities

45 U.S.C. § 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 Federal Government’s obligation to subsidize the freight operations of Conrail; (2) transfer of Conrail commuter service responsibilities to one or more entities whose principal purpose is the provision of commuter service; and (3) an orderly return of Conrail freight service to the private sector.

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Federal law — U.S. Code and appendices · legal_authorities

45 U.S.C. § 701 — Congressional declaration of policy

**(a) Findings** The Congress finds and declares that— (1) Essential rail service in the midwest and northeast region of the United States is provided by railroads which are today insolvent and attempting to undergo reorganization under the Bankruptcy Act. (2) This essential rail service is threatened with cessation or significant curtailment because of the inability of the trustees of such railroads to formulate acceptable plans for reorganization. This rail service is operated over rail properties which were acquired for a public use, but which have been permitted to deteriorate and now require extensive rehabilitation and modernization. (3) The public convenience and necessity require adequate and efficient rail service in this region and throughout the Nation to meet the needs of commerce, the national defense, the environment, and the service requirements of passengers, United States mail, shippers, States and their political subdivisions, and consumers. (4) Continuation and improvement of essential rail service in this region is also necessary to preserve and maintain adequate national rail services and an efficient national rail transportation system. (5) Rail service and rail transportation offer economic and environmental advantages with respect to land use, air pollution, noise levels, energy efficiency and conservation, resource allocation, safety, and cost per ton-mile of movement to such extent that the preservation and maintenance of adequate and efficient rail service is in the national interest. (6) These needs cannot be met without substantial action by the Federal Government. **(b) Purposes** It is therefore declared to be the purpose of Congress in this chapter to provide for— (1) the identification of a rail service system in the midwest and

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Federal law — U.S. Code and appendices · legal_authorities

45 U.S.C. § 701 — Congressional declaration of policy

Page 155 TITLE 45—RAILROADS § 701 Sec. 722. Records, audit, and examination. 723. Emergency assistance pending implementa- tion. 724. Authorization of appropriations. 725. Interim agreements. 726. Debentures and series A preferred stock. 727. Additional purchases of Series A preferred stock. 728. Reports to Congress. 729. Advisory Board. SUBCHAPTER III—CONSOLIDATED RAIL CORPORATION 741. Formation and structure. 742. Powers and duties of Corporation. 743. Valuation and conveyance of rail properties. 744. Termination and continuation of rail serv- ices. 744a. End of Conrail commuter service obligation. 745. Continuing reorganization; supplemental transactions. 746. Certificates of value. 747. Protection of Federal funds. 748. Abandonments. SUBCHAPTER IV—TRANSFER OF FREIGHT SERVICES 761 to 769c. Repealed. SUBCHAPTER V—EMPLOYEE PROTECTION 771 to 780. Repealed. SUBCHAPTER VI—MISCELLANEOUS PROVISIONS 791. Relationship to other laws. 792, 793. Repealed. 794. Tax payments to States. SUBCHAPTER VII—PROTECTION OF EMPLOYEES 797. Repealed. 797a. Termination allowance. 797b. Preferential hiring. 797c. Central register of railroad employment. 797d. Election and treatment of benefits. 797e. Assignment of work. 797f. Contracting out. 797g. New collective-bargaining agreements. 797h. Employee and personal injury claims. 797i. Limitations on liability. 797j. Preemption. 797k. Factfinding panel. 797l. Class II railroads receiving Federal assist- ance. 797m. Arbitration. SUBCHAPTER I—GENERAL PROVISIONS § 701. Congressional declaration of policy (a) Findings The Congress finds and declares that— (1) Essential rail service in the midwest and northeast region of the United States is pro- vided by railroads wh

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