-CITE-
    45 USC CHAPTER 20 - NORTHEAST RAIL SERVICE                  01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 20 - NORTHEAST RAIL SERVICE

-HEAD-
                    CHAPTER 20 - NORTHEAST RAIL SERVICE                

-MISC1-
    Sec.                                                     
    1101.       Congressional findings and declarations.              
    1102.       Statement of purpose.                                 
    1103.       Goals and objectives.                                 
    1104.       Definitions.                                          
    1105.       Judicial review.                                      
                  (a)  Special court; exclusive jurisdiction for civil
                        actions.                                      
                  (b)  Appeal.                                        
                  (c)  Scope of review of administrative actions.     
    1106.       Exemption from transfer taxes and fees; recordation.  
    1107.       Repealed.                                             
    1108.       Concerted economic action.                            
                  (a)  Strikes interfering with rail freight service
                        of Conrail.                                   
                  (b)  Strikes interfering with Amtrak Commuter's rail
                        passenger service.                            
                  (c)  Railway Labor Act deemed violated.             
    1109.       Effectuation of cost reductions.                      
    1110, 1111. Repealed.                                             
    1112.       Interstate Commerce Commission proceedings.           
                  (a)  Final decisions involving railroads in
                        bankruptcy.                                   
                  (b)  Final decisions involving profitable railroads.
                  (c)  Interest of United States attaching in
                        bankruptcy, liquidation, abandonment, etc.    
    1113.       Intercity passenger service.                          
                  (a)  Responsibility of Conrail to provide crews
                        terminated; negotiations for employee
                        transfers.                                    
                  (b)  Eligibility of employees for employee
                        protection benefits.                          
    1114.       Repealed.                                             
    1115.       Redemption of stock.                                  
    1116.       Applicability of other laws.                          

-End-

-CITE-
    45 USC Sec. 1101                                            01/02/2006

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    TITLE 45 - RAILROADS
    CHAPTER 20 - NORTHEAST RAIL SERVICE

-HEAD-
    Sec. 1101. Congressional findings and declarations

-STATUTE-
      The Congress finds and declares that - 
        (1) the processes set in motion by the Regional 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 dollars 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 transportation needs of
      the public and the needs of national security;
        (3) although the Federal Government has provided billions of
      dollars in assistance for Conrail and its employees, the Federal
      interest in ensuring the flow of interstate commerce through rail
      service in the private sector has not been achieved, and the
      protection of interstate commerce requires Federal intervention
      to preserve essential rail service in the private sector;
        (4) the provisions for protection of employees of bankrupt
      railroads contained in the Regional Rail Reorganization Act of
      1973 [45 U.S.C. 701 et seq.] have resulted in the payment of
      benefits far in excess of levels anticipated at the time of
      enactment, have imposed an excessive fiscal burden on the Federal
      taxpayer, and are now an obstacle to the establishment of
      improved rail service and continued rail employment in the
      Northeast region of the United States; and
        (5) since holding Conrail liable for employee protection
      payments would destroy its prospects of becoming a profitable
      carrier and further injure its employees, an alternative employee
      protection system must be developed and funded.

-SOURCE-
    (Pub. L. 97-35, title XI, Sec. 1132, Aug. 13, 1981, 95 Stat. 644.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Regional Rail Reorganization Act of 1973, referred to in
    pars. (1) and (4), is Pub. L. 93-236, Jan. 2, 1974, 87 Stat. 985,
    as amended, which is classified principally to chapter 16 (Sec. 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.

-MISC1-
                              EFFECTIVE DATE                          
      Section 1169 of subtitle E (Secs. 1131-1169) of title XI of Pub.
    L. 97-35 provided that: "Except as otherwise provided, the
    provisions of and the amendments made by this subtitle [see Short
    Title note set out below] shall take effect on the date of the
    enactment of this subtitle [Aug. 13, 1981]."

                                SHORT TITLE                            
      Section 1131 of subtitle E (Secs. 1131-1169) of title XI of Pub.
    L. 97-35 provided that: "This subtitle [enacting this chapter, and
    sections 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, repealing
    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'."

-End-

-CITE-
    45 USC Sec. 1102                                            01/02/2006

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    TITLE 45 - RAILROADS
    CHAPTER 20 - NORTHEAST RAIL SERVICE

-HEAD-
    Sec. 1102. Statement of purpose

-STATUTE-
      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.

-SOURCE-
    (Pub. L. 97-35, title XI, Sec. 1133, Aug. 13, 1981, 95 Stat. 644.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This subtitle, referred to in text, is subtitle E (Secs. 1131-
    1169) of title XI of Pub. L. 97-35, Aug. 13, 1981, 95 Stat. 643,
    as amended, 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.

-End-

-CITE-
    45 USC Sec. 1103                                            01/02/2006

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    TITLE 45 - RAILROADS
    CHAPTER 20 - NORTHEAST RAIL SERVICE

-HEAD-
    Sec. 1103. Goals and objectives

-STATUTE-
      It is the goal of this subtitle to provide Conrail the
    opportunity to become profitable through the achievement of the
    following objectives:
      (1) Nonagreement personnel
        (A) Employees who are not subject to collective bargaining
      agreements (hereafter in this section referred to as
      "nonagreement personnel") should forego wage increases and
      benefits in an amount proportionately equivalent to the amount
      foregone by agreement employees pursuant to paragraph (4) of this
      section, adjusted annually to reflect inflation.
        (B) After May 1, 1981, the number of nonagreement personnel
      should be reduced proportionately to any reduction in agreement
      employees (excluding reductions pursuant to the termination
      program under section 797a of this title).
      (2) Suppliers
        To facilitate the orderly movement of goods in interstate
      commerce, materials and services should continue to be available
      to Conrail, under normal business practices, including the
      provision of credit and normal financing arrangements.
      (3) Shippers
        Conrail should utilize the revenue opportunities available to
      it under the Staggers Rail Act of 1980 and subtitle IV of title
      49.
      (4) Agreement employees
        (A) Conrail should enter into collective bargaining agreements
      with its employees which would reduce Conrail's costs in an
      amount equal to $200,000,000 a year, beginning April 1, 1981,
      adjusted annually to reflect inflation.
        (B) Agreements under this subparagraph may provide for
      reductions in wage increases and for changes in fringe benefits
      common to agreement employees, including vacations and holidays.
        (C) The cost reductions required under this subparagraph in the
      first year of the agreement may be deferred, but the aggregate
      cost reductions should be no less than an average of $200,000,000
      per year for each of the first three one-year periods beginning
      April 1, 1981.
        (D) The amount of cost reductions provided under this paragraph
      shall be calculated by subtracting the cost of an agreement
      entered into under this paragraph from (i) the cost that would
      otherwise result from the application of the national agreement
      reached by railroad industry and its employees, or (ii) until
      such national agreement is reached, the cost which the United
      States Railway Association estimates would result from the
      application of such a national agreement.

-SOURCE-
    (Pub. L. 97-35, title XI, Sec. 1134, Aug. 13, 1981, 95 Stat. 645.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This subtitle, referred to in text, is subtitle E (Secs. 1131-
    1169) of title XI of Pub. L. 97-35, Aug. 13, 1981, 95 Stat. 643,
    as amended, 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.
      The Staggers Rail Act of 1980, referred to in par. (3), is Pub.
    L. 96-448, Oct. 14, 1980, 94 Stat. 1895, as amended. For complete
    classification of this Act to the Code, see Short Title of 1980
    Amendment note set out under section 10101 of Title 49,
    Transportation, and Tables.

-TRANS-
      ABOLITION OF UNITED STATES RAILWAY ASSOCIATION AND TRANSFER OF
                         FUNCTIONS AND SECURITIES
      See section 1341 of this title.

-End-

-CITE-
    45 USC Sec. 1104                                            01/02/2006

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    CHAPTER 20 - NORTHEAST RAIL SERVICE

-HEAD-
    Sec. 1104. Definitions

-STATUTE-
      As used in this subtitle, unless the context otherwise requires,
    the term:
        (1) "Amtrak" means the National Railroad Passenger Corporation
      created under chapter 243 of title 49.
        (2) "Commission" means the Interstate Commerce Commission.
        (3) "Commuter authority" means any State, local, or regional
      authority, corporation, or other entity established for purposes
      of providing commuter service, and includes the Metropolitan
      Transportation Authority, the Connecticut Department of
      Transportation, the Maryland Department of Transportation, the
      Southeastern Pennsylvania Transportation Authority, the New
      Jersey Transit Corporation, the Massachusetts Bay Transportation
      Authority, the Port Authority Trans-Hudson Corporation, any
      successor agencies, and any entity created by one or more such
      agencies for the purpose of operating, or contracting for the
      operation of, commuter service.
        (4) "Commuter service" means short-haul rail passenger service
      operated in metropolitan and suburban areas, whether within or
      across the geographical boundaries of a State, usually
      characterized by reduced fare, multiple-ride, and commutation
      tickets, and by morning and evening peak period operations.
        (5) "Conrail" means the Consolidated Rail Corporation created
      under title III of the Regional Rail Reorganization Act of 1973
      (45 U.S.C. 741 et seq.).
        (6) "Rail carrier" means a common carrier engaged in interstate
      or foreign commerce by rail subject to subtitle IV of title 49.
        (7) "Secretary" means the Secretary of Transportation.
        (8) "Special court" means the judicial panel established under
      section 209(b)(1) of the Regional Rail Reorganization Act of 1973
      (45 U.S.C. 719(b)(1)) or, with respect to any proceedings that
      arise or continue after the panel is abolished pursuant to
      section 209(b)(2) of such Act [45 U.S.C. 719(b)(2)], the United
      States District Court for the District of Columbia.

-SOURCE-
    (Pub. L. 97-35, title XI, Sec. 1135(a), Aug. 13, 1981, 95 Stat.
    645; Pub. L. 104-317, title VI, Sec. 605(c)(3), Oct. 19, 1996, 110
    Stat. 3859.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This subtitle, referred to in text, is subtitle E (Secs. 1131-
    1169) of title XI of Pub. L. 97-35, Aug. 13, 1981, 95 Stat. 643,
    as amended, 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.
      The Regional Rail Reorganization Act of 1973, referred to in par.
    (5), is Pub. L. 93-236, Jan. 2, 1974, 87 Stat. 985, as amended.
    Title III of the Regional Rail Reorganization Act of 1973 is
    classified generally to subchapter III (Sec. 741 et seq.) of
    chapter 16 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.

-COD-
                               CODIFICATION                           
      In par. (1), "chapter 243 of title 49" substituted for "title III
    of the Rail Passenger Service Act (45 U.S.C. 541 et seq.)" on
    authority of Pub. L. 103-272, Sec. 6(b), July 5, 1994, 108 Stat.
    1378, the first section of which enacted subtitles II, III, and V
    to X of Title 49, Transportation.

-MISC1-
                                AMENDMENTS                            
      1996 - Par. (8). Pub. L. 104-317 amended par. generally. Prior to
    amendment, par. read as follows: " 'Special court' means the
    judicial panel established under section 209 of the Regional Rail
    Reorganization Act of 1973 (45 U.S.C. 719)."

                     EFFECTIVE DATE OF 1996 AMENDMENT                 
      Amendment by Pub. L. 104-317 effective 90 days after Oct. 19,
    1996, and except as otherwise provided, applicable proceedings that
    arise or continue after such effective date, see section 605(e) of
    Pub. L. 104-317, set out as a note under section 719 of this title.

-TRANS-
        ABOLITION OF INTERSTATE COMMERCE COMMISSION AND TRANSFER OF
                                 FUNCTIONS
      Interstate Commerce Commission abolished and functions of
    Commission transferred, except as otherwise provided in Pub. L. 104-
    88, to Surface Transportation Board effective Jan. 1, 1996, by
    section 702 of Title 49, Transportation, and section 101 of Pub. L.
    104-88, set out as a note under section 701 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. L. 104-88, set out as a note under section 701 of Title 49.

-End-

-CITE-
    45 USC Sec. 1105                                            01/02/2006

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    TITLE 45 - RAILROADS
    CHAPTER 20 - NORTHEAST RAIL SERVICE

-HEAD-
    Sec. 1105. Judicial review

-STATUTE-
    (a) Special court; exclusive jurisdiction for civil actions
      Notwithstanding any other provision of law, the special court
    shall have original and exclusive jurisdiction over any civil
    action - 
        (1) for injunctive, declaratory, or other relief relating to
      the enforcement, operation, execution, or interpretation of any
      provision of or amendment made by this subtitle or part 2 of the
      Conrail Privatization Act [45 U.S.C. 1311 et seq.], or
      administrative action taken thereunder to the extent such action
      is subject to judicial review;
        (2) challenging the constitutionality of any provision of or
      amendment made by this subtitle or part 2 of the Conrail
      Privatization Act [45 U.S.C. 1311 et seq.];
        (3) to obtain, inspect, copy, or review any document in the
      possession or control of the Secretary, Conrail, the United
      States Railway Association, or Amtrak that would be discoverable
      in litigation under any provision of or amendment made by this
      subtitle or part 2 of the Conrail Privatization Act [45 U.S.C.
      1311 et seq.]; or
        (4) seeking judgment upon any claim against the United States
      founded upon the Constitution and resulting from the operation of
      any provision of or amendment made by this subtitle or part 2 of
      the Conrail Privatization Act [45 U.S.C. 1311 et seq.].
    (b) Appeal
      An order or judgment of the United States District Court for the
    District of Columbia in any action referred to in this section
    shall be reviewable in accordance with sections 1291, 1292, and
    1294 of title 28.
    (c) Scope of review of administrative actions
      Administrative action under the provisions of or amendments made
    by this subtitle or part 2 of the Conrail Privatization Act [45
    U.S.C. 1311 et seq.] which is subject to review shall be upheld
    unless such action is found to be unlawful under standards
    established for review of informal agency action under paragraphs
    (2)(A), (B), (C), and (D) of section 706 of title 5. The
    requirements of this subtitle or part 2 of the Conrail
    Privatization Act [45 U.S.C. 1311 et seq.], as the case may be,
    shall constitute the exclusive procedures required by law for such
    administrative action.

-SOURCE-
    (Pub. L. 97-35, title XI, Sec. 1152, Aug. 13, 1981, 95 Stat. 676;
    Pub. L. 99-509, title IV, Sec. 4033(c)(1)(A), Oct. 21, 1986, 100
    Stat. 1908; Pub. L. 100-352, Sec. 6(f), June 27, 1988, 102 Stat.
    664; Pub. L. 104-317, title VI, Sec. 605(b)(3), (c)(4), Oct. 19,
    1996, 110 Stat. 3859.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This subtitle, referred to in subsecs. (a) and (c), is subtitle E
    (Secs. 1131-1169) of title XI of Pub. L. 97-35, Aug. 13, 1981, 95
    Stat. 643, as amended, 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.
      The Conrail Privatization Act, referred to in subsecs. (a) and
    (c), is subtitle A (Secs. 4001-4052) of title IV of Pub. L. 99-509,
    Oct. 21, 1986, 100 Stat. 1892. Part 2 of that Act is classified
    principally to subchapter II (Sec. 1311 et seq.) of chapter 22 of
    this title. For complete classification of this Act to the Code,
    see Short Title note set out under section 1301 of this title and
    Tables.

-MISC1-
                                AMENDMENTS                            
      1996 - Subsec. (b). Pub. L. 104-317, Sec. 605(b)(3), added
    heading and text of subsec. (b) and struck out former subsec. (b)
    which read as follows: "A judgment of the special court in any
    action referred to in this section shall be reviewable only upon
    petition for a writ of certiorari to the Supreme Court of the
    United States. Such review is exclusive and any such petition shall
    be filed in the Supreme Court not more than 20 days after entry of
    such order or judgment."
      Subsec. (d). Pub. L. 104-317, Sec. 605(c)(4), struck out subsec.
    (d) which read as follows: "If the volume of civil actions under
    subsection (a) of this section so requires, the United States
    Railway Association shall apply to the judicial panel on multi-
    district litigation authorized by section 1407 of title 28 for the
    assignment of additional judges to the special court. Within 30
    days after the date of such application, the panel shall assign to
    the special court such additional judges as may be necessary to
    exercise the jurisdiction described in subsection (a) of this
    section."
      1988 - Subsec. (b). Pub. L. 100-352 struck out ", except that any
    order or judgment enjoining the enforcement, or declaring or
    determining the unconstitutionality or invalidity, of any provision
    of this subtitle shall be reviewable by direct appeal to the
    Supreme Court of the United States" at end of first sentence and
    substituted "such petition shall be filed in the Supreme Court" for
    "petition or appeal shall be filed" in second sentence.
      1986 - Subsecs. (a), (b). Pub. L. 99-509, Sec. 4033(c)(1)(A)(i),
    inserted "or part 2 of the Conrail Privatization Act" after
    "subtitle" wherever appearing.
      Subsec. (c). Pub. L. 99-509, Sec. 4033(c)(1)(A), inserted "or
    part 2 of the Conrail Privatization Act" after "subtitle" in first
    sentence and "or part 2 of the Conrail Privatization Act, as the
    case may be," after "subtitle" in second sentence.

                     EFFECTIVE DATE OF 1996 AMENDMENT                 
      Amendment by Pub. L. 104-317 effective 90 days after Oct. 19,
    1996, and except as otherwise provided, applicable to proceedings
    that arise or continue after such effective date, see section
    605(e) of Pub. L. 104-317, set out as a note under section 719 of
    this title.

                     EFFECTIVE DATE OF 1988 AMENDMENT                 
      Amendment by Pub. L. 100-352 effective ninety days after June 27,
    1988, except that such amendment not to apply to cases pending in
    Supreme Court on such effective date or affect right to review or
    manner of reviewing judgment or decree of court which was entered
    before such effective date, see section 7 of Pub. L. 100-352, set
    out as a note under section 1254 of Title 28, Judiciary and
    Judicial Procedure.

                      CASES PENDING IN SPECIAL COURT                  
      For applicability of amendment by Pub. L. 104-317 to cases
    pending in special court established under section 719(b) of this
    title, see section 605(d) of Pub. L. 104-317, set out as a note
    under section 719 of this title.

-TRANS-
      ABOLITION OF UNITED STATES RAILWAY ASSOCIATION AND TRANSFER OF
                         FUNCTIONS AND SECURITIES
      See section 1341 of this title.

-End-

-CITE-
    45 USC Sec. 1106                                            01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 20 - NORTHEAST RAIL SERVICE

-HEAD-
    Sec. 1106. Exemption from transfer taxes and fees; recordation

-STATUTE-
      (a)(1) All transfers or conveyances of any interest in rail
    property (whether real, personal, or mixed) which are made under
    any provision of or amendment made by this subtitle shall be exempt
    from any taxes, imposts, or levies now or hereby imposed, by the
    United States or by any State or any political subdivision of a
    State, on or in connection with such transfers or conveyances or on
    the recording of deeds, bills of sale, liens, encumbrances,
    easements, or other instruments evidencing, effectuating, or
    incident to any such transfers or conveyances, whether imposed on
    the transferor or on the transferee. Such transferors and
    transferees shall be entitled to record any such deeds, bills of
    sale, liens, encumberances,(!1) easements, or other instruments,
    and to record the release or removal of any preexisting liens or
    encumbrances of record with respect to properties so transferred or
    conveyed, upon payment of any appropriate and generally applicable
    charges to compensate for the cost of the service performed.

      (2) This section shall not apply to Federal income tax laws.
      (b) Transfer of designated real property (including any interest
    in real property) authorized by the amendments made by part 2 of
    this subtitle shall have the same effect for purposes of rights and
    priorities with respect to such property as recordation on the
    transfer date of appropriate deeds, or other appropriate
    instruments, in offices appointed under State law for such
    recordation, except that acquiring rail carriers and other entities
    shall proffer such deeds or other instruments for recordation
    within 36 months after the transfer date as a condition of
    preserving such rights and priorities beyond the expiration of that
    period. Conrail shall cooperate in effecting the timely
    preparation, execution, and proffering for recordation of such
    deeds and other instruments.

-SOURCE-
    (Pub. L. 97-35, title XI, Sec. 1153, Aug. 13, 1981, 95 Stat. 677.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This subtitle, referred to in subsecs. (a)(1) and (b), is
    subtitle E (Secs. 1131-1169) of title XI of Pub. L. 97-35, Aug. 13,
    1981, 95 Stat. 643, as amended, known as the Northeast Rail Service
    Act of 1981. Part 2 (Secs. 1136-1142) of subtitle E enacted
    sections 581 to 587, 727, 744a, and 761 to 769a of this title,
    amended sections 601 and 741 of this title, and enacted provisions
    set out as a note under section 744a of this title. For complete
    classification of this subtitle to the Code, see Short Title note
    set out under section 1101 of this title and Tables.

-FOOTNOTE-
    (!1) So in original. Probably should be "encumbrances,".

-End-

-CITE-
    45 USC Sec. 1107                                            01/02/2006

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    CHAPTER 20 - NORTHEAST RAIL SERVICE

-HEAD-
    Sec. 1107. Repealed. Pub. L. 99-509, title IV, Sec.
      4033(c)(1)(C)(i)(I), Oct. 21, 1986, 100 Stat. 1908

-MISC1-
      Section, Pub. L. 97-35, title XI, Sec. 1154, Aug. 13, 1981, 95
    Stat. 677, provided that no distribution of assets of Conrail could
    be made with respect to any claims of United States until all other
    valid claims against Conrail were satisfied or until arrangements
    had been made for their satisfaction.

-End-

-CITE-
    45 USC Sec. 1108                                            01/02/2006

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    TITLE 45 - RAILROADS
    CHAPTER 20 - NORTHEAST RAIL SERVICE

-HEAD-
    Sec. 1108. Concerted economic action

-STATUTE-
    (a) Strikes interfering with rail freight service of Conrail
      Any person engaging in concerted economic action over disputes
    with Amtrak Commuter or any commuter authority shall not be
    entitled to engage in any strike against, or otherwise to induce
    any employee of, Conrail, where an effect thereof is to interfere
    with rail freight service provided by Conrail.
    (b) Strikes interfering with Amtrak Commuter's rail passenger
      service
      Any person engaging in concerted economic action over disputes
    arising out of freight operations provided by Conrail shall not be
    entitled to engage in any strike against, or otherwise to induce
    any employee of, Amtrak Commuter or any commuter authority, where
    an effect thereof is to interfere with rail passenger service.
    (c) Railway Labor Act deemed violated
      Any concerted action in violation of this section shall be deemed
    to be a violation of the Railway Labor Act [45 U.S.C. 151 et seq.].

-SOURCE-
    (Pub. L. 97-35, title XI, Sec. 1158, Aug. 13, 1981, 95 Stat. 682.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Railway Labor Act, referred to in subsec. (c), is act May 20,
    1926, ch. 347, 44 Stat. 577, as amended, which is classified
    principally to chapter 8 (Sec. 151 et seq.) of this title. For
    complete classification of this Act to the Code, see section 151 of
    this title and Tables.

-End-

-CITE-
    45 USC Sec. 1109                                            01/02/2006

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    TITLE 45 - RAILROADS
    CHAPTER 20 - NORTHEAST RAIL SERVICE

-HEAD-
    Sec. 1109. Effectuation of cost reductions

-STATUTE-
      Any cost reductions resulting from the provisions of or the
    amendments made by this subtitle shall not be used to limit the
    maximum level of any rate charged by Conrail for the provision of
    rail service, to limit the amount of any increase in any such rate
    (including rates maintained jointly by Conrail and other rail
    carriers), or to limit a surcharge or cancellation otherwise lawful
    under chapter 107 (!1) of title 49.

-SOURCE-
    (Pub. L. 97-35, title XI, Sec. 1159, Aug. 13, 1981, 95 Stat. 682.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This subtitle, referred to in text, is subtitle E (Secs. 1131-
    1169) of title XI of Pub. L. 97-35, Aug. 13, 1981, 95 Stat. 643,
    as amended, 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.
      Chapter 107 of title 49, referred to in text, was omitted and a
    new chapter 107 enacted in the general amendment of subtitle IV of
    Title 49, Transportation, by Pub. L. 104-88, title I, Sec. 102(a),
    Dec. 29, 1995, 109 Stat. 804, 809.

-FOOTNOTE-
    (!1) See References in Text note below.

-End-

-CITE-
    45 USC Sec. 1110                                            01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 20 - NORTHEAST RAIL SERVICE

-HEAD-
    Sec. 1110. Repealed. Pub. L. 99-509, title IV, Sec.
      4033(c)(1)(C)(i)(II), Oct. 21, 1986, 100 Stat. 1908

-MISC1-
      Section, Pub. L. 97-35, title XI, Sec. 1161, Aug. 13, 1981, 95
    Stat. 682, related to transfer of Conrail light density rail
    service lines.

-End-

-CITE-
    45 USC Sec. 1111                                            01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 20 - NORTHEAST RAIL SERVICE

-HEAD-
    Sec. 1111. Repealed. Pub. L. 105-134, title IV, Sec. 408, Dec. 2,
      1997, 111 Stat. 2586

-MISC1-
      Section, Pub. L. 97-35, title XI, Sec. 1163, Aug. 13, 1981, 95
    Stat. 685; Pub. L. 99-272, title IV, Sec. 4017(a)(1), Apr. 7, 1986,
    100 Stat. 110, related to Northeast Corridor cost dispute.

-End-

-CITE-
    45 USC Sec. 1112                                            01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 20 - NORTHEAST RAIL SERVICE

-HEAD-
    Sec. 1112. Interstate Commerce Commission proceedings

-STATUTE-
    (a) Final decisions involving railroads in bankruptcy
      Notwithstanding any other provision of subtitle IV of title 49,
    in any proceeding before the Commission under section 11324 or
    11325 of title 49 involving a railroad in the Region, as defined in
    section 702 of this title, which was in a bankruptcy proceeding
    under section 77 of the Bankruptcy Act on November 4, 1979, the
    Commission shall, with or without a hearing, issue a final decision
    within a period not to exceed 180 days after receipt of an
    application under either such section.
    (b) Final decisions involving profitable railroads
      Notwithstanding any other provision of subtitle IV of title 49,
    in any proceeding before the Commission under section 11324 or
    11325 of title 49 involving a profitable railroad in the Region, as
    defined in section 702 of this title, which received a loan under
    section 721(a) of this title, the Commission shall, with or without
    a hearing, issue a final decision within a period not to exceed 180
    days after receipt of an application under either such section.
    (c) Interest of United States attaching in bankruptcy, liquidation,
      abandonment, etc.
      (1) If the Secretary determines under subsection (b) of this
    section that there is an agreement between a profitable railroad in
    the Region (as defined in section 702 of this title) which received
    a loan under section 721(a) of this title and a prospective
    purchaser for the sale of such railroad, the Secretary shall limit
    the interest of the United States in any debt of such a railroad to
    an interest which attaches to such debt in the event of bankruptcy
    or substantial sale or liquidation of the assets of the railroad.
    The Secretary may substitute for the evidence of such debt
    contingency notes payable solely from the railroad operating assets
    then securing such debt, including reinvestments thereof, or such
    other contingency notes as the Secretary deems appropriate and
    which conform to the terms set forth in this subsection.
      (2) If the interest of the United States is limited under
    paragraph (1), any new debt issued by such a railroad subsequent to
    the issuance of the debt described in paragraph (1) may have such
    higher priority in the event of bankruptcy, liquidation, or
    abandonment of the assets of such a railroad than the debt
    described in such paragraph as the Secretary and the railroad may
    agree.
      (3) In carrying out the duties under this subsection, the
    Secretary may (A) enter into such agreements, (B) in accordance
    with any such agreements, cancel or cause to be cancelled or amend
    or cause to be amended any notes or securities currently held by
    agencies or instrumentalities of the United States, and (C) accept
    in exchange as substitution therefor such instruments evidencing
    the indebtedness owed to such agencies or instrumentalities as, in
    the Secretary's judgment, will effectuate the purposes of this
    subsection.

-SOURCE-
    (Pub. L. 97-35, title XI, Sec. 1164, Aug. 13, 1981, 95 Stat. 685;
    Pub. L. 97-468, title V, Sec. 510, Jan. 14, 1983, 96 Stat. 2554;
    Pub. L. 104-88, title III, Sec. 331, Dec. 29, 1995, 109 Stat. 953.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 77 of the Bankruptcy Act, referred to in subsec. (a), was
    classified to section 205 of former Title 11, Bankruptcy. The
    Bankruptcy Act (act July 1, 1898, ch. 541, 30 Stat. 544, as
    amended) was repealed effective Oct. 1, 1979, by Pub. L. 95-598,
    Secs. 401(a), 402(a), Nov. 6, 1978, 92 Stat. 2682, section 101 of
    which enacted revised Title 11. For current provisions relating to
    railroad reorganization, see subchapter IV (Sec. 1161 et seq.) of
    chapter 11 of Title 11.

-MISC1-
                                AMENDMENTS                            
      1995 - Subsecs. (a), (b). Pub. L. 104-88 substituted "section
    11324 or 11325" for "section 11344 or 11345".
      1983 - Subsec. (c)(1). Pub. L. 97-468, Sec. 510(1), substituted
    "bankruptcy or substantial sale" for "bankruptcy, substantial
    sale," after "in the event of", and in last sentence substituted
    permission for the Secretary to substitute contingency notes for
    evidence of the debt for the requirement that the Secretary
    substitute contingency notes for evidence of the debt and inserted
    provision that the contingency notes be payable solely from the
    railroad operating assets then securing such debt, including
    reinvestments thereof, or be other contingency notes as the
    Secretary deems appropriate.
      Subsec. (c)(2). Pub. L. 97-468, Sec. 510(2), substituted
    permission that new debt may have such higher priority in the event
    of bankruptcy, liquidation, or abandonment of the assets of such a
    railroad than the debt described in par. (1) as the Secretary and
    the railroad may agree for the requirement that such debt have
    higher priority in the event of bankruptcy, liquidation, or
    abandonment of the assets of Conrail than the debt described in
    par. (1).
      Subsec. (c)(3). Pub. L. 97-468, Sec. 510(3), added par. (3).

                     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
    701 of Title 49, Transportation.

-TRANS-
        ABOLITION OF INTERSTATE COMMERCE COMMISSION AND TRANSFER OF
                                 FUNCTIONS
      Interstate Commerce Commission abolished and functions of
    Commission transferred, except as otherwise provided in Pub. L. 104-
    88, to Surface Transportation Board effective Jan. 1, 1996, by
    section 702 of Title 49, Transportation, and section 101 of Pub. L.
    104-88, set out as a note under section 701 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. L. 104-88, set out as a note under section 701 of Title 49.

-End-

-CITE-
    45 USC Sec. 1113                                            01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 20 - NORTHEAST RAIL SERVICE

-HEAD-
    Sec. 1113. Intercity passenger service

-STATUTE-
    (a) Responsibility of Conrail to provide crews terminated;
      negotiations for employee transfers
      After January 1, 1983, Conrail shall be relieved of the
    responsibility to provide crews for intercity passenger service on
    the Northeast Corridor. Amtrak, Amtrak Commuter, and Conrail, and
    the employees with seniority in both freight and passenger service
    shall commence negotiations not later than 120 days after August
    13, 1981, for the right of such employees to move from one service
    to the other once each six-month period. Such agreement shall
    ensure that Conrail, Amtrak, and Amtrak Commuter have the right to
    furlough one employee in the same class or craft for each employee
    who returns through the exercise of seniority rights. If agreement
    is not reached within 360 days, such matter shall be submitted to
    binding arbitration.
    (b) Eligibility of employees for employee protection benefits
      Conrail employees who are deprived of employment by an assumption
    or discontinuance of intercity passenger service by Amtrak shall be
    eligible for employee protection benefits under section 797 (!1) of
    this title, notwithstanding any other provision of law, agreement,
    or arrangement, and notwithstanding the inability of such employees
    otherwise to meet the eligibility requirements of such section.
    Such protection shall be the exclusive protection applicable to
    Conrail employees deprived of employment or adversely affected by
    any such assumption or discontinuance.

-SOURCE-
    (Pub. L. 97-35, title XI, Sec. 1165, Aug. 13, 1981, 95 Stat. 686;
    Pub. L. 97-468, title V, Sec. 505(a), Jan. 14, 1983, 96 Stat.
    2553.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 797 of this title, referred to in subsec. (b), was
    repealed by Pub. L. 99-509, title IV, Sec. 4024(c), Oct. 21, 1986,
    100 Stat. 1904, effective on the sale date (Apr. 2, 1987).

-COD-
                               CODIFICATION                           
      "August 13, 1981", referred to in subsec. (a), was in the
    original "the date of the enactment", which was editorially
    translated as the date of the enactment of this section, as the
    probable intent of Congress.

-MISC1-
                                AMENDMENTS                            
      1983 - Pub. L. 97-468, Sec. 505(a), designated existing
    provisions as subsec. (a) and added subsec. (b).

     CONRAIL EMPLOYEES ELIGIBLE FOR EMPLOYEE PROTECTION BENEFITS UNDER
                 REGIONAL RAIL REORGANIZATION ACT OF 1973
      Pub. L. 97-377, title I, Sec. 137, Dec. 21, 1982, 96 Stat. 1915,
    provided that: "Conrail employees who are deprived of employment by
    assumption or discontinuance of intercity passenger service by
    Amtrak shall hereafter be eligible for employee protection benefits
    under section 701 of the Regional Rail Reorganization Act of 1973
    (45 U.S.C. 797), notwithstanding any other provision of law,
    agreement, or arrangement, and notwithstanding the inability of
    such employees otherwise to meet the eligibility requirements of
    such section. Such protection shall be the exclusive protection
    applicable to Conrail employees deprived of employment or adversely
    affected by any such assumption or discontinuance."

-FOOTNOTE-
    (!1) See References in Text note below.

-End-

-CITE-
    45 USC Sec. 1114                                            01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 20 - NORTHEAST RAIL SERVICE

-HEAD-
    Sec. 1114. Repealed. Pub. L. 99-509, title IV, Sec.
      4033(c)(1)(C)(i)(III), Oct. 21, 1986, 100 Stat. 1908

-MISC1-
      Section, Pub. L. 97-35, title XI, Sec. 1166, Aug. 13, 1981, 95
    Stat. 686, related to grant of trackage rights to any terminal
    railroad operating primarily in Philadelphia.

-End-

-CITE-
    45 USC Sec. 1115                                            01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 20 - NORTHEAST RAIL SERVICE

-HEAD-
    Sec. 1115. Redemption of stock

-STATUTE-
      For the purpose of computing the amount for which certificates of
    value shall be redeemable under section 746 of this title, the
    series B preferred stock and the common stock conveyed to the
    Secretary under section 1107 (!1) of this title shall be deemed to
    be without fair market value unless in a proceeding brought under
    section 1105(a)(4) of this title the special court shall have
    determined that such securities had a value and shall have entered
    a judgment against the United States for that value. In such an
    event, the securities shall for purposes of section 746 of this
    title be deemed to have that value found by the special court.

-SOURCE-
    (Pub. L. 97-35, title XI, Sec. 1167(b), Aug. 13, 1981, 95 Stat.
    686.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 1107 of this title, referred to in text, was repealed by
    Pub. L. 99-509, title IV, Sec. 4033(c)(1)(C)(i)(I), Oct. 21, 1986,
    100 Stat. 1908.

-COD-
                               CODIFICATION                           
      Section is comprised of subsec. (b) of section 1167 of Pub. L. 97-
    35. Subsec. (a) of section 1167 amended section 743 of this title.
    Subsec. (c) of section 1167, which was set out as subsec. (b) of
    this section and which provided that the clerk of the special court
    convey to the Secretary certain series B preferred stock and common
    stock of Conrail on deposit with the court, and authorized the
    Secretary to hold and exercise all rights to such Conrail
    securities, was repealed by Pub. L. 99-509, title IV, Sec.
    4033(c)(1)(C)(i)(IV), Oct. 21, 1986, 100 Stat. 1908.

-FOOTNOTE-
    (!1) See References in Text note below.

-End-

-CITE-
    45 USC Sec. 1116                                            01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 20 - NORTHEAST RAIL SERVICE

-HEAD-
    Sec. 1116. Applicability of other laws

-STATUTE-
      (a) The provisions of chapters 5 and 7 of title 5 (popularly
    known as the Administrative Procedure Act and including provisions
    popularly known as the Government in the Sunshine Act), the Federal
    Advisory Committee Act, section 102(2)(C) of the National
    Environmental Policy Act of 1969 [42 U.S.C. 4332(2)(C)], the
    National Historic Preservation Act of 1966 [16 U.S.C. 470 et seq.],
    and section 303 of title 49 are inapplicable to actions taken in
    negotiating, approving, or implementing service transfers under
    title IV of the Regional Rail Reorganization Act of 1973 [45 U.S.C.
    761 et seq.] (!1) and to the implementation of the sale of the
    interest of the United States in Conrail under the Conrail
    Privatization Act [45 U.S.C. 1301 et seq.].

      (b) The operation of trains by Conrail shall not be subject to
    the requirement of any State or local law which specifies the
    minimum number of crew members who must be employed in connection
    with the operation of such trains.

-SOURCE-
    (Pub. L. 97-35, title XI, Sec. 1168, Aug. 13, 1981, 95 Stat. 687;
    Pub. L. 99-509, title IV, Sec. 4033(c)(1)(B), Oct. 21, 1986, 100
    Stat. 1908.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Administrative Procedure Act, referred to in subsec. (a), is
    act June 11, 1946, ch. 324, 60 Stat. 237, as amended, which was
    classified to sections 1001 to 1011 of former title 5 and which was
    repealed and reenacted as subchapter II (Sec. 551 et seq.) of
    chapter 5, and chapter 7 (Sec. 701 et seq.), of Title 5, Government
    Organization and Employees, by Pub. L. 89-554, Sept. 6, 1966, 80
    Stat. 378.
      The Government in the Sunshine Act, referred to in subsec. (a),
    is Pub. L. 94-409, Sept. 13, 1976, 90 Stat. 1241, which enacted
    section 552b of Title 5, amended sections 551, 552, 556, and 557 of
    Title 5, section 10 of Pub. L. 92-463, set out in the Appendix to
    Title 5, and section 410 of Title 39, Postal Service, and enacted
    provisions set out as notes under section 552b of Title 5. For
    complete classification of this Act to the Code, see Short Title of
    1976 Amendment note set out under section 552b of Title 5 and
    Tables.
      The Federal Advisory Committee Act, referred to in subsec. (a),
    is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended, which is
    set out in the Appendix to Title 5.
      The National Historic Preservation Act of 1966, referred to in
    subsec. (a), probably means the National Historic Preservation Act,
    Pub. L. 89-665, Oct. 15, 1966, 80 Stat. 915, as amended, which is
    classified generally to subchapter II (Sec. 470 et seq.) of chapter
    1A of Title 16, Conservation. For complete classification of this
    Act to the Code, see section 470(a) of Title 16 and Tables.
      The Regional Rail Reorganization Act of 1973, referred to in
    subsec. (a), is Pub. L. 93-236, Jan. 2, 1974, 87 Stat. 985, as
    amended. Title IV of the Regional Rail Reorganization Act of 1973
    was classified generally to subchapter IV (Sec. 761 et seq.) of
    chapter 16 of this title, and was repealed by Pub. L. 99-509, title
    IV, Sec. 4033(a)(1), Oct. 21, 1986, 100 Stat. 1908. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 701 of this title and Tables.
      The Conrail Privatization Act, referred to in subsec. (a), is
    subtitle A (Secs. 4001-4052) of title IV of Pub. L. 99-509, Oct.
    21, 1986, 100 Stat. 1892, which is classified principally to
    chapter 22 (Sec. 1301 et seq.) of this title. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 1301 of this title and Tables.

-COD-
                               CODIFICATION                           
      In subsec. (a), "section 303 of title 49" substituted for
    "section 4(f) of the Department of Transportation Act of 1966 [49
    U.S.C. 1653(f)]" on authority of Pub. L. 97-449, Sec. 6(b), Jan.
    12, 1983, 96 Stat. 2443, the first section of which enacted
    subtitle I (Sec. 101 et seq.) and chapter 31 (Sec. 3101 et seq.) of
    subtitle II of Title 49, Transportation.

-MISC1-
                                AMENDMENTS                            
      1986 - Subsec. (a). Pub. L. 99-509 inserted "and to the
    implementation of the sale of the interest of the United States in
    Conrail under the Conrail Privatization Act".

-FOOTNOTE-
    (!1) See References in Text note below.

-End-