§ 1105. Judicial review

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1981

   Northeast Rail Service Act of 1981

   Pub. L. 97–35 title XI § 1152 · 95 Stat. 357

   Enacted · 45 U.S.C. § 1105

   Pub. L. 97–35, title XI, § 1152, Aug. 13, 1981, 95 Stat. 676

   Source evidence

   Code source credit
   Pub. L. 97–35, title XI, § 1152, Aug. 13, 1981, 95 Stat. 676

   Enacted provision · exact public law section
   Sec. 1152. judicial review (a) Notwithstanding any other provision of law, the special court shall have original and exclusive jurisdiction over any civil action— (1) for injunctive, declaratory, or other relief relating to the enforcement, operation, execution, or interpretation of any provision of or amendment made by this subtitle, or administrative action taken thereunder to the extent such action is subject to judicial review; (2) challenging the constitutionality of any provision of or amendment made by this subtitle; (3) to obtain, inspect, copy, or review any document in the possession or control of the Secretary, Conrail, the United States Railway Association, or Amtrak that would be discoverable in litigation under any provision of or amendment made by this subtitle; or (4) seeking judgment upon any claim against the United States founded upon the Constitution and resulting from the operation of any provision of or amendment made by this subtitle. (b) A judgment of the special court in any action referred to in this section shall be reviewable only upon petition for a writ of certiorari to the Supreme Court of the United States, except that any order or judgment enjoining the enforcement, or declaring or determining the unconstitutionality or invalidity, of any provision of this subtitle shall be reviewable by direct appeal to the Supreme Court of the United States. Such review is exclusive and any petition or appeal shall be filed not more than 20 days after entry of such order or judgment. (c) Administrative action under the provisions of or amendments made by this subtitle which is subject to review shall be upheld unless such action is found to be unlawful under standards established for review of informal agency action under paragraphs (2) (A), (B), (C), and (D) of section 706, title 5, United States Code. The requirements of this subtitle shall constitute the exclusive procedures required by law for such administrative action. (d) If the volume of civil actions under subsection (a) of this section so requires, the United States Railway Association shall apply to the judicial panel on multi-district litigation authorized by section 1407 of title 28, United States Code, for the assignment of additional judges to the special court. Within 30 days after the date of such application, the panel shall assign to the special court such additional judges as may be necessary to exercise the jurisdiction described in subsection (a) of this section.

2. 1986

   Conrail Privatization Act

   Pub. L. 99–509 § 4033(c)(1)(A)(i) · 100 Stat. 1874

   Inserted · 45 U.S.C. § 1105(a); 45 U.S.C. § 1105(b)

   Pub. L. 99–509, § 4033(c)(1)(A)(i), inserted “or part 2 of the Conrail Privatization Act” after “subtitle” wherever appearing

   Source evidence

   Code amendment note
   Subsecs. (a), (b). Pub. L. 99–509, § 4033(c)(1)(A)(i), inserted “or part 2 of the Conrail Privatization Act” after “subtitle” wherever appearing.

   Enacted provision · exact public law section
   (i) by inserting “or part 2 of the Conrail Privatization Act” after “subtitle” each place it appears; and

3. 1986

   Conrail Privatization Act

   Pub. L. 99–509 § 4033(c)(1)(A) · 100 Stat. 1874

   Inserted · 45 U.S.C. § 1105(c)

   Pub. L. 99–509, § 4033(c)(1)(A), inserted “or part 2 of the Conrail Privatization Act” after “subtitle” in first sentence and “or part 2 of the Conrail Privatization Act, as the case may be,” after “subtitle” in second sentence

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 99–509, § 4033(c)(1)(A), inserted “or part 2 of the Conrail Privatization Act” after “subtitle” in first sentence and “or part 2 of the Conrail Privatization Act, as the case may be,” after “subtitle” in second sentence.

   Enacted provision · exact public law section
   (A) Section 1152 of the Northeast Rail Service Act of 1981 (45 U.S.C. 1105) is amended— (i) by inserting “or part 2 of the Conrail Privatization Act” after “subtitle” each place it appears; and (ii) in the second sentence of subsection (c), by inserting “, as the case may be,” after the insertion made by clause (i) of this subparagraph.

4. 1988

   Pub. L. 100–352 § 6(f) · 102 Stat. 662

   1. Struck · 45 U.S.C. § 1105(b)

      Pub. L. 100–352 struck out “, except that any order or judgment enjoining the enforcement, or declaring or determining the unconstitutionality or invalidity, of any provision of this subtitle shall be reviewable by direct appeal to the Supreme Court of the United States” at end of first sentence

   2. Substituted · 45 U.S.C. § 1105(b)

      Pub. L. 100–352 substituted “such petition shall be filed in the Supreme Court” for “petition or appeal shall be filed” in second sentence

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 100–352 struck out “, except that any order or judgment enjoining the enforcement, or declaring or determining the unconstitutionality or invalidity, of any provision of this subtitle shall be reviewable by direct appeal to the Supreme Court of the United States” at end of first sentence and substituted “such petition shall be filed in the Supreme Court” for “petition or appeal shall be filed” in second sentence.

   Enacted provision · exact public law section
   (f) Section 1152(b) of the Omnibus Budget Reconciliation Act of 1981 (45 U.S.C. 1105(b)) is amended— (1) in the first sentence by striking out “, except that” and all that follows through the end of the sentence and inserting in lieu thereof a period; and (2) in the second sentence by striking out “petition or appeal shall be filed” and inserting in lieu thereof “such petition shall be filed in the Supreme Court”.

5. 1996

   Pub. L. 104–317 § 605(b)(3) · 110 Stat. 3847

   1. Added · 45 U.S.C. § 1105(b)

      Pub. L. 104–317, § 605(b)(3), added heading and text of subsec. (b)

   2. Struck · 45 U.S.C. § 1105(b)

      Pub. L. 104–317, § 605(b)(3), struck out former subsec. (b) which read as follows: “A judgment of the special court in any action referred to in this section shall be reviewable only upon petition for a writ of certiorari to the Supreme Court of the United States. Such review is exclusive and any such petition shall be filed in the Supreme Court not more than 20 days after entry of such order or judgment.”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 104–317, § 605(b)(3), added heading and text of subsec. (b) and struck out former subsec. (b) which read as follows: “A judgment of the special court in any action referred to in this section shall be reviewable only upon petition for a writ of certiorari to the Supreme Court of the United States. Such review is exclusive and any such petition shall be filed in the Supreme Court not more than 20 days after entry of such order or judgment.”

   Enacted provision · exact public law section
   (3) Section 1152 of the Northeast Rail Service Act of 1981 (45 U.S.C. 1105) is amended by striking out subsection (b) and inserting in lieu thereof the following: (b) Appeal.— An order or judgment of the United States District Court for the District of Columbia in any action referred to in this section shall be reviewable in accordance with sections 1291, 1292, and 1294 of title 28, United States Code.”.

   Effective date note
   Amendment by Pub. L. 104–317 effective 90 days after Oct. 19, 1996, and except as otherwise provided, applicable to proceedings that arise or continue after such effective date, see section 605(e) of Pub. L. 104–317, set out as a note under section 719 of this title.

6. 1996

   Pub. L. 104–317 § 605(c)(4) · 110 Stat. 3847

   Struck · 45 U.S.C. § 1105(d)

   Pub. L. 104–317, § 605(c)(4), struck out subsec. (d) which read as follows: “If the volume of civil actions under subsection (a) of this section so requires, the United States Railway Association shall apply to the judicial panel on multi-district litigation authorized by section 1407 of title 28 for the assignment of additional judges to the special court. Within 30 days after the date of such application, the panel shall assign to the special court such additional judges as may be necessary to exercise the jurisdiction described in subsection (a) of this section.”

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 104–317, § 605(c)(4), struck out subsec. (d) which read as follows: “If the volume of civil actions under subsection (a) of this section so requires, the United States Railway Association shall apply to the judicial panel on multi-district litigation authorized by section 1407 of title 28 for the assignment of additional judges to the special court. Within 30 days after the date of such application, the panel shall assign to the special court such additional judges as may be necessary to exercise the jurisdiction described in subsection (a) of this section.”

   Enacted provision · exact public law section
   (4) Section 1152 of the Northeast Rail Service Act of 1981 (45 U.S.C. 1105) is further amended by striking out subsection (d).

   Effective date note
   Amendment by Pub. L. 104–317 effective 90 days after Oct. 19, 1996, and except as otherwise provided, applicable to proceedings that arise or continue after such effective date, see section 605(e) of Pub. L. 104–317, set out as a note under section 719 of this title.

8 of 8 references resolved to an enrolled provision