45 U.S.C. § 901

Congressional findings

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(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, § 2, Nov. 4, 1979, 93 Stat. 736.)Editorial NotesReferences 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, known as the Milwaukee Railroad Restructuring Act, which enacted this chapter and amended sections 231f, 662, 721, former section 821, and section 825 of this title. For complete classification of this Act to the Code, see Short Title note set out below and Tables.

Statutory Notes and Related SubsidiariesShort Title of 1983 Amendment

Pub. L. 97–468, title II, § 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

Pub. L. 96–101, § 1, Nov. 4, 1979, 93 Stat. 736, 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, § 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, § 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 1302 of Title 49, Transportation, and section 101 of Pub. L. 104–88, set out as a note under section 1301 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 1301 of Title 49.]

Notes of Decisions

Cited in 12 cases, 1952–1993 · leading case: Johnnie F. TURPEN, Plaintiff-Appellant, v. MISSOURI-KANSAS-TEXAS R.R. Co., Defendant-Appellee, 736 F.2d 1022 (5th Cir. 1984).

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Johnnie F. TURPEN, Plaintiff-Appellant, v. MISSOURI-KANSAS-TEXAS R.R. Co., Defendant-Appellee, 736 F.2d 1022 (5th Cir. 1984). “Pursuant to special legislation, 45 U.S.C. § 901 et seq., these carriers, including the Katy, and those unions that had had collective bargaining agreements with the Rock Island, including Turpen’s union, the Brotherhood of Railway Carmen (BRC), 2 entered into a Labor Protective…”

In the Matter of Chicago, Milwaukee, St. Paul & Pac. R.R. Co.. Appeal of United States of Am., 673 F.2d 169 (7th Cir. 1982). · cites it 3× “The question on appeal is whether the bankruptcy reorganization court erred in holding that net track retirement charges of the Chicago, Milwaukee, St; Paul & Pacific Railroad Company (“Milwaukee Road”) were compensable and timely filed under the Milwaukee Railroad Restructuring…”

The Hanna Mining Co., a Delaware Corp. v. The Escanaba & Lake Superior R.R. Co., a Michigan Corp., 664 F.2d 594 (6th Cir. 1981). “736 , 45 U.S.C. § 901 et seq. (1979 Supp. III).”

John Roberts Martin Shirley Mae Martin Bernard J. Spanski & Margaret L. Spanski v. Comm'r of Internal Revenue, 877 F.2d 449 (6th Cir. 1989). “Taxpayers also argue that Congress must have intended the NERSA benefits to be “unemployment compensation” because its provisions are similar to provisions under the Milwaukee Railroad Restructuring Act, 45 U.S.C. § 901 et seq.; and the Rock Island Railroad Transition and…”

In the Matter of Chicago, Milwaukee, St. Paul & Pac. R.R. Co., Debtor. Appeal of Douglas F. Barfknecht & James Messner, 852 F.2d 960 (7th Cir. 1988). “Congress feared that the railroad’s collapse “would result in the loss of many thousands of jobs of railroad workers and other workers whose employment is dependent upon rail service.”

Int'l Ass'n of Machinists & Aerospace Workers, Dist. Lodge No. 19 v. Soo Line R.R., 850 F.2d 368 (8th Cir. 1988). “45 U.S.C. § 901 (b). The Restructuring Act primarily sets out procedures through which courts, the Secretary of Transportation, and the Interstate Commerce Commission (ICC) may supervise transactions pertaining to the Milwaukee, such as sales, transfers, *371 abandonments, and…”

Burlington N. R.R. v. Soo Line R.R., 162 B.R. 207 (D. Minnesota 1993). “At that point Congress stepped in and passed the Milwaukee Railroad Restructuring Act (MRRA), 45 U.S.C. § 901 , et seq., in 1979. Among other things, the MRRA provides that the Interstate Commerce Commission (ICC) must approve the sale of any of the Milwaukee’s railroad assets…”

In re Chicago, Milwaukee, St. Paul & Pac. R.R., 658 F.2d 1149 (7th Cir. 1981). “MRRA Section 2(b), 45 U.S.C. § 901 (b) (Supp. Ill 1979). The record indicates that if RLEA is correct in its view of Section 5(b)’s applicability, the acquisitions at bar would not have occurred, as the states and other acquiring non-carrier entities would be required to divert…”

Fricke v. Chicago, Milwaukee, St. Paul & Pac. R.R., 563 F. Supp. 311 (E.D. Wis. 1983). “and under the Milwaukee Railroad Restructuring Act, 45 U.S.C. § 901 et seq. The defendant’s brief on the jurisdictional issue, however, does not argue that this court has jurisdiction under the Milwaukee Railroad Restructuring Act, and this Court finds no basis in that for…”

Lunde Arms Corp. v. Stanford, 107 F. Supp. 450 (S.D. Cal. 1952). “of a firearm contained in the Federal Firearms Act, 45 U.S.C.A. § 901 (3) and then states: “Note that the statute does not state that the weapon must be deadly or even injurious; the statute merely says ‘any weapon’.”

In re the Morristown & Erie R.R., 677 F.2d 360 (3rd Cir. 1982). “When a railroad encounters financial hardship, and is obliged to undergo reorganization, one important objective, at least according to the congressional findings that accompany the MRRA, see 45 U.S.C. § 901 , should be the continued operation of vital rail services.”

Turpen v. Missouri-Kansas-Texas R.R., 573 F. Supp. 820 (N.D. Tex. 1983). “Pursuant to special legislation, 45 U.S.C. § 901 et seq., various carriers, including M-K-T, and various unions, including BRC, entered into-a Labor Protective Agreement on March 4, 1980, covering Rock Island employees taken into the employ of interim service operators over the…”

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