
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 45USC1005]

 
                           TITLE 45--RAILROADS
 
          CHAPTER 19--ROCK ISLAND RAILROAD EMPLOYEE ASSISTANCE
 
Sec. 1005. Employee protection agreement


(a) Authorization; time for agreement; use of funds

    The Secretary and the representatives of the various classes and 
crafts of employees of the Rock Island Railroad shall, not later than 90 
days after January 14, 1983, enter into an agreement providing 
protection for employees of the Rock Island Railroad who are adversely 
affected as a result of a reduction in service by such Railroad. Such 
agreement may provide for the use of funds described in subsection (c) 
of this section for the following purposes:
        (1) Subsistence allowances to employees.
        (2) Moving expenses for employees who must make a change in 
    residence.
        (3) Retraining expenses for employees who are seeking employment 
    in new areas.
        (4) Separation allowances for employees.
        (5) Health and welfare insurance premiums.
        (6) Such other purposes as may be agreed upon by the parties.

(b) Failure to reach agreement; benefit schedule

    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.

(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.)

                       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.

                          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.


                               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.

                  Section Referred to in Other Sections

    This section is referred to in sections 727, 1007, 1012, 1014, 1018 
of this title.
