Collapse to view only § 1018. Judicial review
- § 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 Repealed.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 Repealed.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 Policy Act and
- § 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 Repealed.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 Repealed.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 adequate 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 Island Railroad;
(3) a cessation of necessary operations of the Rock Island Railroad would have serious repercussions 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 application 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.)
§ 1002. Definitions
As used in this chapter, the term—
(1) “bankruptcy court” means the court having 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 appointed in such proceeding; and
(6) the term “Secretary” means the Secretary 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.)
§ 1003. Service continuation
(a) Situations requiring directed service; time period
Notwithstanding the provisions of Public Law 96–131, the Commission shall order directed service 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 authority 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 authority over such line and a rail carrier, shipper, State, or other interested party has expressed 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 reasonable expectation that such transaction will be consummated.
(b) Availability of funds
(1) Not more than $15,000,000 of the funds available 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 Commission 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 provided with such funds.
(c) Continuation of compensation terms for trackage rights, joint facilities, etc.
(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.)
§ 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 furloughed (other than for cause) from his employment with such railroad, or from his employment with another rail carrier providing temporary 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 other applicants, have the first right of hire by any other rail carrier that is subject to regulation by the Commission for any vacancy that is not covered by (1) an affirmative action plan, or a hiring plan designed to eliminate discrimination, that is required by Federal or State statute, regulations, or Executive order, or by the order of a Federal or State court or agency, or (2) a permissible voluntary affirmative action plan. For purposes of this section, a rail carrier shall not be considered to be hiring new employees when it recalls any of its own furloughed employees.
(b) The rights afforded to Rock Island Railroad employees by this section shall be coequal to the rights afforded to Chicago, Milwaukee, Saint Paul and Pacific Railroad Company employees by section 907 of this title.
(Pub. L. 96–254, title I, § 105, May 30, 1980, 94 Stat. 400; Pub. L. 97–468, title II, § 236(b), Jan. 14, 1983, 96 Stat. 2547.)
§ 1005. Employee protection agreement
(a) Authorization; time for agreement; use of funds
The Secretary and the representatives of the various classes and crafts of employees of the Rock Island Railroad shall, not later than 90 days after January 14, 1983, enter into an agreement providing protection for employees of the Rock Island Railroad who are adversely affected as a result of a reduction in service by such Railroad. Such agreement may provide for the use of funds described in subsection (c) of this section for the following purposes:
(1) Subsistence allowances to employees.
(2) Moving expenses for employees who must make a change in residence.
(3) Retraining expenses for employees who are seeking employment in new areas.
(4) Separation allowances for employees.
(5) Health and welfare insurance premiums.
(6) Such other purposes as may be agreed upon by the parties.
(b) Failure to reach agreement; benefit schedule
(c) Limitations on funds
(d) Administration of funds; promulgation of regulations
(Pub. L. 96–254, title I, § 106, May 30, 1980, 94 Stat. 401; Pub. L. 96–448, title VII, § 701(b)(1), Oct. 14, 1980, 94 Stat. 1959; Pub. L. 97–468, title II, § 231, Jan. 14, 1983, 96 Stat. 2546.)
§ 1006. Repealed. Pub. L. 97–35, title XI, § 1144(b), Aug. 13, 1981, 95 Stat. 669
§ 1007. Election
(a) Assistance received under employee protection agreement; waiver of other employee protection benefits; exception
(b) Filing of statement
(c) Effect on priority, timing, etc., of employee protection payments
(d) Limitation on assistance eligibility
An employee shall not be eligible to receive any assistance (other than moving expenses) under an employee protection agreement entered into or benefit schedule prescribed under section 1005 of this title or any new career training assistance under section 1014 of this title—
(1) during any period in which such employee is employed by any rail carrier providing temporary service over any lines of the Rock Island Railroad; or
(2) at any time after the date such employee receives an offer of employment, in his craft and for which such employee is qualified, from a rail carrier acquiring lines of the Rock Island Railroad.
(Pub. L. 96–254, title I, § 108, May 30, 1980, 94 Stat. 402; Pub. L. 96–448, title VII, § 701(b)(2), Oct. 14, 1980, 94 Stat. 1960; Pub. L. 97–468, title II, § 232, Jan. 14, 1983, 96 Stat. 2547.)
§ 1008. Repealed. Pub. L. 97–468, title II, § 234(a), Jan. 14, 1983, 96 Stat. 2547
§ 1009. Expedited proceedings
(a) The Commission shall give all proceedings involving the Rock Island Railroad preference over all other pending proceedings related to rail carriers and make all of its decisions at the earliest practicable time.
(b) The Commission shall, within 100 days of the filing of an application (or such shorter period as the court may set) pursuant to section 915 of this title, reach a decision on all proceedings filed after January 1, 1980, which involve a sale, transfer or lease of any line of the Rock Island Railroad to a solvent carrier.
(Pub. L. 96–254, title I, § 111, May 30, 1980, 94 Stat. 404.)
§ 1010. Applicability of National Environmental Policy Act and section 6362(b) of title 42
The provisions of the National Environmental Policy Act [42 U.S.C. 4321 et seq.] and section 6362(b) of title 42 shall not apply to transactions carried out pursuant to this chapter.
(Pub. L. 96–254, title I, § 113, May 30, 1980, 94 Stat. 405.)
§ 1011. Authority of Railroad Retirement Board
(a) The Board may prescribe such regulations as may be necessary to carry out its duties under this chapter.
(b) In carrying out its duties under this chapter, the Board may exercise such of the powers, duties, and remedies provided in subsections (a), (b), and (d) of section 362 of this title as are not inconsistent with the provisions of this chapter.
(Pub. L. 96–254, title I, § 114, May 30, 1980, 94 Stat. 405.)
§ 1012. Publications and reports
Within 45 days after May 30, 1980, the Board shall publish, and make available for distribution by the Rock Island Railroad to all eligible employees, a document which describes in detail the rights of such employees under sections 1005, 1006,1
1 See References in Text note below.
1007, and 1014 of this title.(Pub. L. 96–254, title I, § 115, May 30, 1980, 94 Stat. 405.)
§ 1013. Repealed. Pub. L. 103–272, § 7(b), July 5, 1994, 108 Stat. 1379
§ 1014. New career training assistance
(a) Eligible employees
(b) Conditions for assistance
To be eligible for assistance under this section, an employee—
(1) must first exhaust any Federal educational benefits available to such employee under any existing program; and
(2) must begin his course of training within 2 years following the date of such employee’s separation from employment with the Rock Island Railroad.
(c) Determination of reasonable expenses by Board
(d) Assistance prohibited after April 1, 1984
(e) Definitions
As used in this section—
(1) the term “expenses” means actual, reasonable expenses paid for room, board, tuition, fees, or educational material in an amount not to exceed $3,000; and
(2) the term “qualified institution” means an educational institution accredited for payment by the Veterans’ Administration under chapter 36 of title 38, or a State-accredited institution which has been in existence for not less than 2 years.
(Pub. L. 96–254, title I, § 119(a)–(e), May 30, 1980, 94 Stat. 408; Pub. L. 97–468, title II, § 233, Jan. 14, 1983, 96 Stat. 2547.)
§ 1015. Repealed. Pub. L. 104–88, title III, § 329(2), Dec. 29, 1995, 109 Stat. 952
§ 1016. Temporary rail banking
During the 180-day period beginning on May 30, 1980, no rail line or facility of the Rock Island Railroad which has been approved for abandonment by the Commission or the bankruptcy court may be downgraded, scrapped, or otherwise disposed of without the approval of the Secretary under this section. In no case before abandonment has been approved and before the 180-day period has elapsed shall the Secretary approve a disposition of such portion of the rail line or related facility to any carrier or other entity not engaged in providing railroad services or not formed for the purpose of providing railroad services. The Secretary, upon application by the Rock Island Railroad, shall grant such approval unless he finds that—
(1) a rail carrier, shipper, State, or other interested party has expressed in writing an interest in purchasing, leasing or rehabilitating the particular rail line or facility for purposes of providing rail service; and
(2) there is a reasonable expectation that such purchase transaction will be consummated.
(Pub. L. 96–254, title I, § 121, May 30, 1980, 94 Stat. 409.)
§ 1017. Temporary operating approval
(a) Use of tracks and facilities by other rail carriers; terms of compensation; continuation of service
(b) Use of employees
(Pub. L. 96–254, title I, § 122, May 30, 1980, 94 Stat. 409; Pub. L. 97–130, § 5(a), Dec. 29, 1981, 95 Stat. 1690; Pub. L. 97–468, title II, § 214, Jan. 14, 1983, 96 Stat. 2545.)
§ 1018. Judicial review
(a) Appeals
Notwithstanding any other provision of law, any appeal from—
(1) any decision of the bankruptcy court with respect to the constitutionality of any provision of this chapter; and
(2) any decision of the court having jurisdiction over the reorganization of the Milwaukee Railroad with respect to the constitutionality of the Milwaukee Railroad Restructuring Act (45 U.S.C. 901 et seq.),
shall be taken to the United States Court of Appeals for the Seventh Circuit.
(b) Appellate proceedings
(c) Action in United States Court of Claims
(Pub. L. 96–254, title I, § 124, as added Pub. L. 96–448, title VII, § 701(a)(1), Oct. 14, 1980, 94 Stat. 1959; amended Pub. L. 98–620, title IV, § 402(49), Nov. 8, 1984, 98 Stat. 3361.)