
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: 45USC901]

 
                           TITLE 45--RAILROADS
 
              CHAPTER 18--MILWAUKEE RAILROAD RESTRUCTURING
 
Sec. 901. Congressional findings

    (a) Congress hereby finds that--
        (1) the severe operating losses and the deteriorating plant and 
    equipment of the Milwaukee Railroad threaten to cause cessation of 
    its operations in the near future;
        (2) a cessation of operations by the Milwaukee Railroad would 
    have serious repercussions on the economies of the States in which 
    such railroad principally operates (the States of Washington, 
    Montana, Idaho, North Dakota, South Dakota, Illinois, Iowa, 
    Missouri, Michigan, Indiana, Minnesota, and Wisconsin);
        (3) a cessation of operations of the Milwaukee Railroad would 
    result in the loss of many thousands of jobs of railroad workers and 
    other workers whose employment is dependent upon rail service over 
    the lines presently operated by the Milwaukee Railroad;
        (4) experienced railroad employees make a valuable contribution 
    toward strengthening the railroad industry; and other railroads have 
    the ability and willingness to employ displaced employees of the 
    Milwaukee Railroad;
        (5) the ownership by employees or by employees and shippers of 
    part or all of the Milwaukee Railroad may be a valuable tool in 
    reorganization and should be given serious consideration;
        (6) cessation of essential transportation services by the 
    Milwaukee Railroad would endanger the public welfare;
        (7) cessation of such services is imminent; and
        (8) there is no other practicable means of obtaining funds to 
    meet payroll and other expenses necessary for continuation of 
    services and reorganization of the Milwaukee Railroad.

    (b) The Congress declares that emergency measures set forth in this 
chapter must be taken to restructure the Milwaukee Railroad and to avoid 
the potential unemployment and damage to the economy of the region and 
of the Nation which a cessation of essential services by the Milwaukee 
Railroad would otherwise cause.

(Pub. L. 96-101, Sec. 2, Nov. 4, 1979, 93 Stat. 736.)

                       References in Text

    This chapter, referred to in subsec. (b), was in the original ``this 
Act'', meaning Pub. L. 96-101, Nov. 4, 1979, 93 Stat. 736, as amended, 
known as the Milwaukee Railroad Restructuring Act, which enacted this 
chapter and amended sections 231f, 662, 721, 821, and 825 of this title. 
For complete classification of this Act to the Code, see Short Title 
note set out below and Tables.


                      Short Title of 1983 Amendment

    Pub. L. 97-468, title II, Sec. 201, Jan. 14, 1983, 96 Stat. 2543, 
provided that: ``This title [amending sections 797c, 907, 913, 915, 
1004, 1005, 1007, 1014, and 1017 of this title, repealing section 1008 
of this title and enacting provisions set out as notes under this 
section] may be referred to as the `Bankrupt Railroad Service 
Preservation and Employee Protection Act of 1982'.''


                               Short Title

    Section 1 of Pub. L. 96-101 provided: ``That this Act [enacting this 
chapter and amending sections 231f, 662, 721, 821, and 825 of this 
title] may be cited as the `Milwaukee Railroad Restructuring Act'.''


                          Statement of Purpose

    Pub. L. 97-468, title II, subtitle A, Sec. 211, Jan. 14, 1983, 96 
Stat. 2543, provided that: ``It is the purpose of this subtitle 
[amending sections 915 and 1017 of this title and enacting provisions 
set out as notes under this section] to continue the effort by Congress 
to assure service over the lines of rail carriers subject to liquidation 
in instances where rail carriers are willing to provide service over 
such lines and financially responsible persons are willing to purchase 
the lines for continued rail operations.''


                         Congressional Findings

    Pub. L. 97-468, title II, Sec. 212, Jan. 14, 1983, 96 Stat. 2543, 
provided that: ``The Congress finds that--
        ``(1) it is necessary to establish procedures to facilitate and 
    expedite the acquisition of rail lines of carriers subject to 
    liquidation by financially responsible persons in instances where 
    service is not being provided over the line by the carrier and where 
    the financially responsible person seeks to provide rail service 
    over the line;
        ``(2) procedures set forth in the amendments made by this title 
    [see Short Title of 1983 Amendment note above] represent an exercise 
    of the powers of the Congress under the Constitution to regulate 
    commerce among the several States which will provide a practicable 
    means for preserving rail service, thus benefiting shippers, 
    employees, and the economies of the States in which such carriers 
    subject to liquidation have operated service, and for facilitating 
    interstate commerce, while at the same time providing safeguards to 
    protect the interest of the estates of such carriers by requiring 
    compensation which is not less than the constitutionally required 
    minimum; and
        ``(3) it is in the public interest that the Interstate Commerce 
    Commission's authority to issue orders involving temporary authority 
    to operate service over lines of carriers subject to liquidation be 
    clarified.''
    [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.]
