U.S. Code » Title 45 » Chapter CHAPTER 20— NORTHEAST RAIL SERVICE

45 U.S.C. § 1101

Congressional findings and declarations

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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.(Pub. L. 97–35, title XI, § 1132, Aug. 13, 1981, 95 Stat. 644.)Editorial NotesReferences 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, which is classified principally to chapter 16 (§ 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.

Statutory Notes and Related SubsidiariesEffective Date

Pub. L. 97–35, title XI, § 1169, Aug. 13, 1981, 95 Stat. 687, provided that: “Except as otherwise provided, the provisions of and the amendments made by this subtitle [subtitle E (§§ 1131–1169) of title XI of Pub. L. 97–35, see Short Title note set out below] shall take effect on the date of the enactment of this subtitle [Aug. 13, 1981].”

Short Title

Pub. L. 97–35, title XI, § 1131, Aug. 13, 1981, 95 Stat. 643, provided that: “This subtitle [subtitle E (§§ 1131–1169) of title XI of Pub. L. 97–35, 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’.”

Notes of Decisions
Cited in 21 cases, 1983–2019 · leading case: Halko v. New Jersey Transit Rail Operations, Inc., 677 F. Supp. 135 (S.D.N.Y. 1987).
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Halko v. New Jersey Transit Rail Operations, Inc., 677 F. Supp. 135 (S.D.N.Y. 1987). “Pursuant to the North East Rail Service Act of 1981, 45 U.S.C. § 1101 , NJT was compelled to take over Conrail’s passenger operations in New Jersey including Bay Head Yard.”
Consol. Rail Corp. v. Reading Co., 654 F. Supp. 1318 (Regl. Rail Reorg. Act 1987). · cites it 2× “, as amended by the Northeast Rail Service Act of 1981 ("NRSA"), 45 U.S.C. § 1101 et seq. All the cases stem from personal injury suits commenced by various longtime railroad employees, or their representatives, in federal and state courts under the Federal Employer's Liability…”
Herbert v. United States, 662 F. Supp. 573 (S.D.N.Y. 1987). · cites it 2× “45 U.S.C. § 1101 (5). A straightforward expression of purpose can be found at 45 U.”
DiCello v. United States (In Re the Ry. Reorganization Est., Inc.), 133 B.R. 578 (Bankr. D. Del. 1991). “In the alternative, if the springing liens are invalid under the Bankruptcy Code, they are validated by the later in time Northeast Rail Service Act of 1981, 45 U.S.C. § 1101 et seq. (NERSA) which directed the United States to release its security interest in the disputed…”
Quarry Off. Park Assocs. v. Philadelphia Elec. Co., 576 A.2d 358 (Pa. 1990). “See 45 U.S.C. § 1101 . The amended provisions reflect a congressional policy which favors the purchase of Conrail’s financially troubled rail lines by various entities.”
Verdon v. Consol. Rail Corp., 828 F. Supp. 1129 (S.D.N.Y. 1993). “§ 1132(1) of the Northeast Rail Service Act of 1981 (“NRSA”), 45 U.S.C. § 1101 (1). Thus, to help bring about a self-sustaining railroad system, Congress enacted legislation which relieved Conrail of its responsibility to provide commuter rail service to the New York…”
Ry. Labor Executives'ass'n v. United States, 575 F. Supp. 1554 (Regl. Rail Reorg. Act 1983). “45 U.S.C. § 1101 . Section 1143 enacted new labor protection provisions (in the form of a new Title VII to the RRR Act, 45 U.”
Consol. Rail Corp. v. United States, 883 F. Supp. 1565 (Regl. Rail Reorg. Act 1995). “Conrail's Memorandum of Law in Further Support of Its Motion for Summary Judgment at 1. The summary judgment motions of the United States, Reading, and Amtrak on this issue are still outstanding.”
Ry. Lab. Executives'ass'n v. Grand Trunk Wr Co., 594 F. Supp. 758 (Regl. Rail Reorg. Act 1984). “This dispute arises from Section 1144(a)(1) of the Northeast Rail Service Act of 1981 ("NRSA"), 45 U.S.C. § 1101 et seq., which repeals Title V of the Regional Rail Reorganization Act of 1973 ("RRR Act"), as amended, 45 U.”
Consol. Rail Corp. v. Ritter, 539 F. Supp. 2d 368 (D.D.C. 2008). “, as amended by the Northeast Rail Service Act of 1981 (“NRSA”), 45 U.S.C. §§ 1101 et seq. Specifically, Conrail requests that the court enter an order declaring that the Rail Act proscribes successor liability for personal injury claims stemming from conduct prior to Conrail’s…”
Consol. Rail Corp. v. RAY, EX REL. BOYD, 693 F. Supp. 2d 39 (D.D.C. 2010). “, as amended by the Northeast Rail Service Act of 1981 (“NRSA”), 45 U.S.C. §§ 1101 et seq. Conrail seeks a declaratory judgment that the Rail Act precludes it from being held liable as a successor for asbestos claims stemming from the conduct of insolvent predecessor railroads…”
Consol. Rail Corp. v. Ritter, 593 F. Supp. 2d 107 (D.D.C. 2009). “, as amended by the Northeast Rail Service Act of 1981 (“NRSA”), 45 U.S.C. § 1101 et seq. On March 27, 2008, the court granted the defendants’ motions to dismiss for lack of jurisdiction, prompting Conrail to file motions for reconsideration.”
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