-CITE-
    45 USC CHAPTER 19 - ROCK ISLAND RAILROAD EMPLOYEE
           ASSISTANCE                                      01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 19 - ROCK ISLAND RAILROAD EMPLOYEE ASSISTANCE

-HEAD-
           CHAPTER 19 - ROCK ISLAND RAILROAD EMPLOYEE ASSISTANCE       

-MISC1-
    Sec.                                                     
    1001.       Congressional findings.                               
    1002.       Definitions.                                          
    1003.       Service continuation.                                 
                  (a)  Situations requiring directed service; time
                        period.                                       
                  (b)  Availability of funds.                         
                  (c)  Continuation of compensation terms for trackage
                        rights, joint facilities, etc.                
    1004.       Railroad hiring.                                      
    1005.       Employee protection agreement.                        
                  (a)  Authorization; time for agreement; use of
                        funds.                                        
                  (b)  Failure to reach agreement; benefit schedule.  
                  (c)  Limitations on funds.                          
                  (d)  Administration of funds; promulgation of
                        regulations.                                  
    1006.       Repealed.                                             
    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.          
    1008.       Repealed.                                             
    1009.       Expedited proceedings.                                
    1010.       Applicability of National Environmental Policy Act and
                 section 6362(b) of title 42.                         
    1011.       Authority of Railroad Retirement Board.               
    1012.       Publications and reports.                             
    1013.       Repealed.                                             
    1014.       New career training assistance.                       
                  (a)  Eligible employees.                            
                  (b)  Conditions for assistance.                     
                  (c)  Determination of reasonable expenses by Board. 
                  (d)  Assistance prohibited after April 1, 1984.     
                  (e)  Definitions.                                   
    1015.       Repealed.                                             
    1016.       Temporary rail banking.                               
    1017.       Temporary operating approval.                         
                  (a)  Use of tracks and facilities by other rail
                        carriers; terms of compensation; continuation
                        of service.                                   
                  (b)  Use of employees.                              
    1018.       Judicial review.                                      
                  (a)  Appeals.                                       
                  (b)  Appellate proceedings.                         
                  (c)  Action in United States Court of Claims.       

-End-



-CITE-
    45 USC Sec. 1001                                            01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 19 - ROCK ISLAND RAILROAD EMPLOYEE ASSISTANCE

-HEAD-
    Sec. 1001. Congressional findings

-STATUTE-
      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.

-SOURCE-
    (Pub. L. 96-254, title I, Sec. 102, May 30, 1980, 94 Stat. 399.)


-MISC1-
                                SHORT TITLE                            
      Section 101 of title I of Pub. L. 96-254 provided that: "This
    title [enacting this chapter, amending sections 231f, 726, 825,
    902, 911, 913, and 916 of this title, and enacting provisions set
    out as a note under this section] may be cited as the 'Rock Island
    Railroad Transition and Employee Assistance Act'."

                             SAVINGS PROVISION                         
      Section 125, formerly Sec. 124, of title I of Pub. L. 96-254,
    renumbered Pub. L. 96-448, title VII, Sec. 701(a)(1), Oct. 14,
    1980, 94 Stat. 1959, provided that: "If any provision of this title
    [see Short Title note above] or the application thereof to any
    person or circumstance is held invalid, the remainder of this title
    and the application of such provision to other persons or
    circumstances shall not be affected thereby."

-End-



-CITE-
    45 USC Sec. 1002                                            01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 19 - ROCK ISLAND RAILROAD EMPLOYEE ASSISTANCE

-HEAD-
    Sec. 1002. Definitions

-STATUTE-
      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.

-SOURCE-
    (Pub. L. 96-254, title I, Sec. 103, May 30, 1980, 94 Stat. 399;
    Pub. L. 96-448, title VII, Sec. 701(b)(3), Oct. 14, 1980, 94 Stat.
    1960.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in text, was in the original "this
    title", meaning title I (Sec. 101 et seq.) of Pub. L. 96-254, May
    30, 1980, 94 Stat. 399, as amended, known as the Rock Island
    Railroad Transition and Employee Assistance Act, which is
    classified principally to this chapter. For complete classification
    of title I to the Code, see Short Title note set out under section
    1001 of this title and Tables.


-MISC1-
                                AMENDMENTS                            
      1980 - Par. (5). Pub. L. 96-448 inserted ", the estate of such
    Company in its reorganization proceeding, or the trustee appointed
    in such proceeding" after "Railroad Company". The amendment was
    executed by inserting amendatory text preceding the semicolon
    instead of the period at end of par. (5) as directed to reflect the
    probable intent of Congress, in view of par. (5) being enacted
    without a closing period.

                     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.


-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. 1003                                            01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 19 - ROCK ISLAND RAILROAD EMPLOYEE ASSISTANCE

-HEAD-
    Sec. 1003. Service continuation

-STATUTE-
    (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 title V of the Railroad
    Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 821 et
    seq.) may be made available by the Secretary to the Commission for
    purposes of providing directed service under this section and
    section 916(b) (!1) of this title.

      (2) Funds may be made available for directed service under this
    section without regard to the findings of the Secretary required
    under title V of the Railroad Revitalization and Regulatory Reform
    Act of 1976 [45 U.S.C. 821 et seq.], and section 516 of such Act
    (45 U.S.C. 836) shall not apply to any directed service provided
    with such funds.
    (c) Continuation of compensation terms for trackage rights, joint
      facilities, etc.
      The terms of compensation for all trackage rights, joint
    facilities, and similar arrangements between other rail carriers
    and the trustee of the Rock Island Railroad which are in effect on
    or after March 15, 1980, on portions of the lines of the Rock
    Island Railroad involved in temporary emergency operations shall be
    continued in effect during the duration of the temporary emergency
    operating authority with the carrier providing temporary emergency
    service substituting for the trustee, except where the Rock Island
    Railroad has been given more favorable treatment by virtue of its
    bankruptcy. Such continuation shall not alter or affect the
    ultimate rights of other rail carriers under trackage rights, joint
    facilities, or similar arrangements nor prejudice the ultimate
    determination of any controversy or proceeding concerning rights of
    the parties with regard to assignment by the trustee of rights in
    or to the facilities or under the arrangements.

-SOURCE-
    (Pub. L. 96-254, title I, Sec. 104, May 30, 1980, 94 Stat. 400;
    Pub. L. 104-88, title III, Sec. 329(1), Dec. 29, 1995, 109 Stat.
    952.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Public Law 96-131, referred to in subsec. (a), is Pub. L. 96-131,
    Nov. 30, 1979, 93 Stat. 1023, known as the Department of
    Transportation and Related Agencies Appropriation Act, 1980, which
    enacted provisions set out as notes under former section 851 of
    this title, section 92 of Title 14, Coast Guard, and section 106
    and former section 10344 of Title 49, Transportation. For complete
    classification of this Act to the Code, see Tables.
      The Railroad Revitalization and Regulatory Reform Act of 1976,
    referred to in subsec. (b), is Pub. L. 94-210, Feb. 5, 1976, 90
    Stat. 31, as amended. Title V of the Railroad Revitalization and
    Regulatory Reform Act of 1976 is classified generally to subchapter
    II (Sec. 821 et seq.) of chapter 17 of this title. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 801 of this title and Tables.
      Section 916(b) of this title, referred to in subsec. (b)(1), was
    repealed by Pub. L. 104-88, title III, Sec. 328, Dec. 29, 1995, 109
    Stat. 952.


-MISC1-
                                AMENDMENTS                            
      1995 - Subsec. (a). Pub. L. 104-88 substituted "the provisions of
    Public Law 96-131" for "the provisions of section 11125 of title 49
    or Public Law 96-131".

                     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.

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


-End-



-CITE-
    45 USC Sec. 1004                                            01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 19 - ROCK ISLAND RAILROAD EMPLOYEE ASSISTANCE

-HEAD-
    Sec. 1004. Railroad hiring

-STATUTE-
      (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.

-SOURCE-
    (Pub. L. 96-254, title I, Sec. 105, May 30, 1980, 94 Stat. 400;
    Pub. L. 97-468, title II, Sec. 236(b), Jan. 14, 1983, 96 Stat.
    2547.)


-MISC1-
                                AMENDMENTS                            
      1983 - Subsec. (a). Pub. L. 97-468 substituted "January 1, 1984"
    for "January 1, 1981".


-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.


-MISC2-
      EXEMPTION OF NATIONAL RAILROAD PASSENGER CORPORATION IN HIRING
                   QUALIFIED TRAIN AND ENGINE EMPLOYEES
      Section inapplicable to National Railroad Passenger Corporation
    in hiring of qualified train and engine employees holding seniority
    rights to work in intercity rail passenger service in connection
    with the assumption by such Corporation of functions previously
    performed under contract by other carriers, see section 4011(c) of
    Pub. L. 99-272, set out as a note under section 797b of this title.

-End-



-CITE-
    45 USC Sec. 1005                                            01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 19 - ROCK ISLAND RAILROAD EMPLOYEE ASSISTANCE

-HEAD-
    Sec. 1005. Employee protection agreement

-STATUTE-
    (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
      If the parties are unable to reach agreement within the time
    period specified in subsection (a) of this section, the Secretary
    shall, within 30 days after the expiration of such time period,
    prescribe a schedule of benefits for employee protection not
    inconsistent with the provisions of this chapter.
    (c) Limitations on funds
      Any agreement entered into under subsection (a) of this section,
    and any benefit schedule prescribed under subsection (b) of this
    section, shall not require the expenditure of funds in excess of
    amounts authorized to be appropriated under section 727(f)(1)(C) of
    this title, nor shall any individual employee receive benefits in
    excess of $20,000 under such agreement or benefit schedule. No
    benefits or assistance may be provided under any agreement entered
    into or benefit schedule prescribed under this section after April
    1, 1984.
    (d) Administration of funds; promulgation of regulations
      The Board shall, in such manner as it shall prescribe by
    regulation, administer the distribution of funds under any
    agreement entered into or benefit schedule prescribed under this
    section, and shall determine the amount for which each employee is
    eligible under such agreement or benefit schedule. Such regulation
    shall include procedures to resolve by final and binding
    arbitration any dispute over an employee's eligibility or claim.

-SOURCE-
    (Pub. L. 96-254, title I, Sec. 106, May 30, 1980, 94 Stat. 401;
    Pub. L. 96-448, title VII, Sec. 701(b)(1), Oct. 14, 1980, 94 Stat.
    1959; Pub. L. 97-468, title II, Sec. 231, Jan. 14, 1983, 96 Stat.
    2546.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in subsec. (b), was in the original
    "this Act", which probably was meant to be a reference to "this
    title", meaning title I (Sec. 101 et seq.) of Pub. L. 96-254, May
    30, 1980, 94 Stat. 399, as amended, known as the Rock Island
    Railroad Transition and Employee Assistance Act, which is
    classified principally to this chapter. For complete classification
    of title I to the Code, see Short Title note set out under section
    1001 of this title and Tables.

-COD-
                               CODIFICATION                           
      Prior to the general amendment of section 106 of Pub. L. 96-254
    by Pub. L. 97-468, section was comprised of subsecs. (a) to (e) of
    section 106 of Pub. L. 96-254, and subsec. (f) of section 106
    amended section 231f(b)(7) of this title.


-MISC1-
                                AMENDMENTS                            
      1983 - Subsec. (a). Pub. L. 97-468 substituted provisions
    relating to an agreement between the Secretary and the employees
    for provisions relating to an agreement between the Rock Island
    Railroad and the employees.
      Subsec. (b). Pub. L. 97-468 substituted provisions relating to
    the prescription of benefits by the Secretary if no agreement is
    reached with the employees, for provisions relating to imposition
    of agreement by the Interstate Commerce Commission if none was
    reached between the Rock Island Railroad and the employees.
      Subsec. (c). Pub. L. 97-468 added subsec. (c). Former subsec.
    (c), which related to direction to the bankruptcy trustee to carry
    out the agreement between the Rock Island Railroad and the
    employees, was struck out.
      Subsec. (d). Pub. L. 97-468 added subsec. (d). Former subsec.
    (d), which prescribed conditions for appeals from orders of the
    Commission or bankruptcy court, limiting them to the Seventh
    Circuit Court of Appeals, was struck out.
      Subsec. (e). Pub. L. 97-468 struck out subsec. (e) which related
    to prescription of regulations by the Board for the filing and
    payment of benefits and allowances.
      1980 - Subsec. (a). Pub. L. 96-448 substituted "5 days after
    October 14, 1980" for "10 days after May 30, 1980".
      Subsec. (b). Pub. L. 96-448 substituted "5 days after October 14,
    1980" for "10 days after May 30, 1980" and "15 days after October
    14, 1980" for "30 days after May 30, 1980".
      Subsec. (c). Pub. L. 96-448 reenacted subsec. (c) without change.
      Subsec. (d). Pub. L. 96-448 substituted provision that any order
    of the Commission or bankruptcy court be appealed only to the
    United States Court of Appeals for the Seventh Circuit for
    provision that an order of the Commission not be stayed by the
    Commission or any other court, an order by the bankruptcy court not
    be stayed by any other court, appeals of Commission or bankruptcy
    court orders only be made to the court of appeals of the United
    States having jurisdiction to review decisions and orders of the
    bankruptcy court, and no determinations of the court of appeals be
    review in any other court.
      Subsec. (e). Pub. L. 96-448 reenacted subsec. (e) without change.

                     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.

-End-



-CITE-
    45 USC Sec. 1006                                            01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 19 - ROCK ISLAND RAILROAD EMPLOYEE ASSISTANCE

-HEAD-
    Sec. 1006. Repealed. Pub. L. 97-35, title XI, Sec. 1144(b), Aug.
      13, 1981, 95 Stat. 669

-MISC1-
      Section, Pub. L. 96-254, title I, Sec. 107, May 30, 1980, 94
    Stat. 402, set forth provisions respecting employment of Rock
    Island Railroad employees. See section 797c of this title.

                         EFFECTIVE DATE OF REPEAL                     
      Repeal effective Aug. 13, 1981, see section 1169 of Pub. L. 97-
    35, set out as an Effective Date note under section 1101 of this
    title.

-End-



-CITE-
    45 USC Sec. 1007                                            01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 19 - ROCK ISLAND RAILROAD EMPLOYEE ASSISTANCE

-HEAD-
    Sec. 1007. Election

-STATUTE-
    (a) Assistance received under employee protection agreement; waiver
      of other employee protection benefits; exception
      Any employee who receives any assistance 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 shall be deemed to
    waive any employee protection benefits otherwise available to such
    employee under the Bankruptcy Act, subtitle IV of title 49 or any
    applicable contract or agreement (other than as provided in the
    agreement entered into in Washington, District of Columbia, on
    March 4, 1980, entitled "Labor Protective Agreement Between
    Railroads Parties Hereto Involved in Midwest Rail Restructuring and
    Employees of Such Railroads Represented by the Rail Labor
    Organizations Operating Through the Railway Labor Executives'
    Association").
    (b) Filing of statement
      Any employee of the Rock Island Railroad who is entitled to
    receive assistance under this chapter shall, no later than 120 days
    after the effective date of any agreement entered into under
    section 1005(a) of this title or of any benefit schedule prescribed
    under section 1005(b) of this title, as the case may be, file a
    statement with the Board indicating whether such employee elects to
    receive (1) assistance under this chapter; or (2) any employee
    protection benefits otherwise available to such employee under the
    Bankruptcy Act, subtitle IV of title 49, or any applicable contract
    or agreement.
    (c) Effect on priority, timing, etc., of employee protection
      payments
      With regard to any employee who elects benefits under subsection
    (b)(2) of this section, nothing in this chapter shall be deemed to
    determine or otherwise affect the priority, status, or timing of
    payment of, or the liability for any claim for, employee protection
    which might have existed in the absence of this chapter.
    (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.

-SOURCE-
    (Pub. L. 96-254, title I, Sec. 108, May 30, 1980, 94 Stat. 402;
    Pub. L. 96-448, title VII, Sec. 701(b)(2), Oct. 14, 1980, 94 Stat.
    1960; Pub. L. 97-468, title II, Sec. 232, Jan. 14, 1983, 96 Stat.
    2547.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Bankruptcy Act, referred to in subsecs. (a) and (b), is act
    July 1, 1898, ch. 541, 30 Stat. 544, as amended, which was
    classified generally to former Title 11, Bankruptcy. The Act 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.
      This chapter, referred to in subsecs. (b) and (c), was in the
    original "this title", meaning title I (Sec. 101 et seq.) of Pub.
    L. 96-254, May 30, 1980, 94 Stat. 399, as amended, known as the
    Rock Island Railroad Transition and Employee Assistance Act, which
    is classified principally to this chapter. For complete
    classification of title I to the Code, see Short Title note set out
    under section 1001 of this title and Tables.


-MISC1-
                                AMENDMENTS                            
      1983 - Subsec. (a). Pub. L. 97-468, Sec. 232(1), substituted
    "entered into or benefit schedule prescribed" for "or arrangement
    entered into".
      Subsec. (b). Pub. L. 97-468, Sec. 232(2), substituted "120 days
    after the effective date of any agreement entered into under
    section 1005(a) of this title or of any benefit schedule prescribed
    under section 1005(b) of this title, as the case may be" for "April
    1, 1981".
      Subsec. (d). Pub. L. 97-468, Sec. 232(1), substituted "entered
    into or benefit schedule prescribed" for "or arrangement entered
    into".
      1980 - Subsec. (a). Pub. L. 96-448 inserted reference to the
    agreement entered into in Washington on Mar. 4, 1980, and included
    the title of the agreement.

                     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.

-End-



-CITE-
    45 USC Sec. 1008                                            01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 19 - ROCK ISLAND RAILROAD EMPLOYEE ASSISTANCE

-HEAD-
    Sec. 1008. Repealed. Pub. L. 97-468, title II, Sec. 234(a), Jan.
      14, 1983, 96 Stat. 2547

-MISC1-
      Section, Pub. L. 96-254, title I, Sec. 110, May 30, 1980, 94
    Stat. 403; Pub. L. 96-448, title VII, Sec. 701(a)(2), Oct. 14,
    1980, 94 Stat. 1959, related to authorization, etc., for obligation
    guarantees.

-End-



-CITE-
    45 USC Sec. 1009                                            01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 19 - ROCK ISLAND RAILROAD EMPLOYEE ASSISTANCE

-HEAD-
    Sec. 1009. Expedited proceedings

-STATUTE-
      (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.

-SOURCE-
    (Pub. L. 96-254, title I, Sec. 111, May 30, 1980, 94 Stat. 404.)


-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. 1010                                            01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 19 - ROCK ISLAND RAILROAD EMPLOYEE ASSISTANCE

-HEAD-
    Sec. 1010. Applicability of National Environmental Policy Act and
      section 6362(b) of title 42

-STATUTE-
      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.

-SOURCE-
    (Pub. L. 96-254, title I, Sec. 113, May 30, 1980, 94 Stat. 405.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The National Environmental Policy Act, referred to in text,
    probably means the National Environmental Policy Act of 1969, Pub.
    L. 91-190, Jan. 1, 1970, 83 Stat. 852, as amended, which is
    classified generally to chapter 55 (Sec. 4321 et seq.) of Title 42,
    The Public Health and Welfare. For complete classification of this
    Act to the Code, see Short Title note set out under section 4321 of
    Title 42 and Tables.
      This chapter, referred to in text, was in the original "this
    title", meaning title I (Sec. 101 et seq.) of Pub. L. 96-254, May
    30, 1980, 94 Stat. 399, as amended, known as the Rock Island
    Railroad Transition and Employee Assistance Act, which is
    classified principally to this chapter. For complete classification
    of title I to the Code, see Short Title note set out under section
    1001 of this title and Tables.

-End-



-CITE-
    45 USC Sec. 1011                                            01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 19 - ROCK ISLAND RAILROAD EMPLOYEE ASSISTANCE

-HEAD-
    Sec. 1011. Authority of Railroad Retirement Board

-STATUTE-
      (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.

-SOURCE-
    (Pub. L. 96-254, title I, Sec. 114, May 30, 1980, 94 Stat. 405.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in text, was in the original "this
    title", meaning title I (Sec. 101 et seq.) of Pub. L. 96-254, May
    30, 1980, 94 Stat. 399, as amended, known as the Rock Island
    Railroad Transition and Employee Assistance Act, which is
    classified principally to this chapter. For complete classification
    of title I to the Code, see Short Title note set out under section
    1001 of this title and Tables.

-End-



-CITE-
    45 USC Sec. 1012                                            01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 19 - ROCK ISLAND RAILROAD EMPLOYEE ASSISTANCE

-HEAD-
    Sec. 1012. Publications and reports

-STATUTE-
      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) 1007, and 1014 of
    this title.


-SOURCE-
    (Pub. L. 96-254, title I, Sec. 115, May 30, 1980, 94 Stat. 405.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 1006 of this title, referred to in text, was repealed by
    Pub. L. 97-35, title XI, Sec. 1144(b), Aug. 13, 1981, 95 Stat. 669.

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


-End-



-CITE-
    45 USC Sec. 1013                                            01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 19 - ROCK ISLAND RAILROAD EMPLOYEE ASSISTANCE

-HEAD-
    Sec. 1013. Repealed. Pub. L. 103-272, Sec. 7(b), July 5, 1994, 108
      Stat. 1379

-MISC1-
      Section, Pub. L. 96-254, title I, Sec. 117, May 30, 1980, 94
    Stat. 406, authorized Secretary of Transportation to exempt from
    requirements of the Safety Appliance Acts any railroad equipment
    when such requirements preclude development or implementation of
    more efficient railroad transportation equipment or other
    transportation innovations. See section 20306 of Title 49,
    Transportation.

-End-



-CITE-
    45 USC Sec. 1014                                            01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 19 - ROCK ISLAND RAILROAD EMPLOYEE ASSISTANCE

-HEAD-
    Sec. 1014. New career training assistance

-STATUTE-
    (a) Eligible employees
      An employee who elects to receive a separation allowance under an
    employee protection agreement entered into or a benefit schedule
    prescribed under section 1005 of this title may, if so provided
    under such agreement or benefit schedule, receive from the Board
    reasonable expenses for training in qualified institutions for new
    career opportunities.
    (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
      Reasonable 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 section 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.

-SOURCE-
    (Pub. L. 96-254, title I, Sec. 119(a)-(e), May 30, 1980, 94 Stat.
    408; Pub. L. 97-468, title II, Sec. 233, Jan. 14, 1983, 96 Stat.
    2547.)

-COD-
                               CODIFICATION                           
      Section is comprised of subsecs. (a) to (e) of section 119 of
    Pub. L. 96-254. Subsec. (f) of section 119 amended section 911 of
    this title.


-MISC1-
                                AMENDMENTS                            
      1983 - Subsec. (a). Pub. L. 97-468 substituted "under an employee
    protection agreement entered into or a benefit schedule prescribed
    under section 1005 of this title may, if so provided under such
    agreement or benefit schedule," for "from the Rock Island Railroad
    under an employee protection agreement or arrangement entered into
    under section 1005 of this title may".

-CHANGE-
                              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.

-End-



-CITE-
    45 USC Sec. 1015                                            01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 19 - ROCK ISLAND RAILROAD EMPLOYEE ASSISTANCE

-HEAD-
    Sec. 1015. Repealed. Pub. L. 104-88, title III, Sec. 329(2), Dec.
      29, 1995, 109 Stat. 952

-MISC1-
      Section, Pub. L. 96-254, title I, Sec. 120, May 30, 1980, 94
    Stat. 408; Pub. L. 97-216, title I, Sec. 101, July 18, 1982, 96
    Stat. 188, related to Interstate Commerce Commission ordering
    directed service over passenger commuter railroad lines that were
    in operation on Mar. 1, 1980, and had ceased to be in operation.

                         EFFECTIVE DATE OF REPEAL                     
      Repeal 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.

-End-



-CITE-
    45 USC Sec. 1016                                            01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 19 - ROCK ISLAND RAILROAD EMPLOYEE ASSISTANCE

-HEAD-
    Sec. 1016. Temporary rail banking

-STATUTE-
      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.

-SOURCE-
    (Pub. L. 96-254, title I, Sec. 121, May 30, 1980, 94 Stat. 409.)


-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. 1017                                            01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 19 - ROCK ISLAND RAILROAD EMPLOYEE ASSISTANCE

-HEAD-
    Sec. 1017. Temporary operating approval

-STATUTE-
    (a) Use of tracks and facilities by other rail carriers; terms of
      compensation; continuation of service
      The Commission may authorize any rail carrier willing to do so
    voluntarily to use the tracks and facilities of a carrier which, on
    January 14, 1983, was the subject of a proceeding pending under
    section 77 of the Bankruptcy Act or under subchapter IV of chapter
    11 of title 11. The use of such tracks and facilities shall be
    under such terms of compensation as the carriers establish between
    themselves, or if the carriers are unable to agree, under such
    terms of compensation as the Commission finds to be reasonable. The
    Commission shall have authority to authorize continued rail service
    under this section over the lines of any such carrier which has
    been ordered by the court having jurisdiction over such a carrier
    to liquidate its properties until the disposition of the properties
    of the estate of such carrier.
    (b) Use of employees
      In carrying out the provisions of this section, the Commission
    shall require, to the maximum extent practicable, the use of the
    employees who would normally have performed work in connection with
    the traffic subject to the action of the Commission.

-SOURCE-
    (Pub. L. 96-254, title I, Sec. 122, May 30, 1980, 94 Stat. 409;
    Pub. L. 97-130, Sec. 5(a), Dec. 29, 1981, 95 Stat. 1690; Pub. L. 97-
    468, title II, Sec. 214, Jan. 14, 1983, 96 Stat. 2545.)

-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                            
      1983 - Subsec. (a). Pub. L. 97-468, Sec. 214(a), substituted "a
    carrier which, on January 14, 1983, was the subject of a proceeding
    pending under section 77 of the Bankruptcy Act or under subchapter
    IV of chapter 11 of title 11" for "the Rock Island Railroad or the
    Milwaukee Railroad", and in last sentence substituted "any such
    carrier which has been ordered by the court having jurisdiction
    over such a carrier to liquidate its properties until the
    disposition of the properties of the estate of such carrier" for
    "the Rock Island Railroad until the disposition of the properties
    of the estate of the Rock Island Railroad".
      Subsec. (c). Pub. L. 97-468, Sec. 214(b), struck out subsec. (c)
    which defined "Milwaukee Railroad".
      1981 - Subsec. (a). Pub. L. 97-130 gave the Commission authority
    to authorize continued rail service under this section over the
    lines of the Rock Island Railroad until the disposition of the
    properties of the estate of the Rock Island Railroad.


-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.


-MISC2-
     TERMINATION OF APPLICABILITY OF AMENDMENT TO INTERSTATE COMMERCE
                    SERVICE ORDER 1498 ON MAY 15, 1982
      Section 5(b) of Pub. L. 97-130 provided that: "The applicability
    of the amendment made by subsection (a) [amending subsec. (a) of
    this section] to Interstate Commerce Commission Service Order 1498
    shall expire at the end of May 15, 1982."

-End-



-CITE-
    45 USC Sec. 1018                                            01/02/2006

-EXPCITE-
    TITLE 45 - RAILROADS
    CHAPTER 19 - ROCK ISLAND RAILROAD EMPLOYEE ASSISTANCE

-HEAD-
    Sec. 1018. Judicial review

-STATUTE-
    (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
      If appeals are taken from decisions described in subsection (a)
    of this section involving section 1005 or 1008 (!1) of this title
    or section 9 or 15 of the Milwaukee Railroad Restructuring Act [45
    U.S.C. 908 or 915], the court of appeals shall determine such
    appeals in a consolidated proceeding, sitting en banc.

    (c) Action in United States Court of Claims
      Nothing in this chapter or in the Milwaukee Railroad
    Restructuring Act (45 U.S.C. 901 et seq.) shall limit the right of
    any person to commence an action in the United States Court of
    Claims (!1) under section 1491 of title 28 (commonly referred to as
    the Tucker Act).

-SOURCE-
    (Pub. L. 96-254, title I, Sec. 124, as added Pub. L. 96-448, title
    VII, Sec. 701(a)(1), Oct. 14, 1980, 94 Stat. 1959; amended Pub. L.
    98-620, title IV, Sec. 402(49), Nov. 8, 1984, 98 Stat. 3361.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in subsecs. (a)(1) and (c), was in the
    original "this title", meaning title I (Sec. 101 et seq.) of Pub.
    L. 96-254, May 30, 1980, 94 Stat. 399, as amended, known as the
    Rock Island Railroad Transition and Employee Assistance Act, which
    is classified principally to this chapter. For complete
    classification of title I to the Code, see Short Title note set out
    under section 1001 of this title and Tables.
      The Milwaukee Railroad Restructuring Act, referred to in subsecs.
    (a)(2) and (c), is Pub. L. 96-101, Nov. 4, 1979, 93 Stat. 736, as
    amended, which is classified principally to chapter 18 (Sec. 901 et
    seq.) of this title. For complete classification of this Act to the
    Code, see Short Title note set out under section 901 of this title
    and Tables.
      Section 1008 of this title, referred to in subsec. (b), was
    repealed by Pub. L. 97-468, title II, Sec. 234(a), Jan. 14, 1983,
    96 Stat. 2547.
      The United States Court of Claims, referred to in subsec. (c),
    and the United States Court of Customs and Patent Appeals were
    merged effective Oct. 1, 1982, into a new United States Court of
    Appeals for the Federal Circuit by Pub. L. 97-164, Apr. 2, 1982, 96
    Stat. 25, which also created a United States Claims Court [now
    United States Court of Federal Claims] that inherited the trial
    jurisdiction of the Court of Claims. See sections 48, 171 et seq.,
    791 et seq., and 1491 et seq. of Title 28, Judiciary and Judicial
    Procedure.


-MISC1-
                                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.

                     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, Judiciary 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, Bankruptcy.

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


-End-