§ 719. Judicial review

Footnotes

1. 1 See Codification note below.

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. 1974

   Regional Rail Reorganization Act of 1973

   Pub. L. 93–236 title II § 209 · 87 Stat. 985

   Enacted · 45 U.S.C. § 719

   Pub. L. 93–236, title II, § 209, Jan. 2, 1974, 87 Stat. 999

   Source evidence

   Code source credit
   Pub. L. 93–236, title II, § 209, Jan. 2, 1974, 87 Stat. 999

   Enacted provision · exact public law section
   Sec. 209. judicial review (a) General.— Notwithstanding any other provision of law, the final system plan which is adopted by the Association and which becomes effective after review by the Congress is not subject to review by any court except in accordance with this section. After the final system plan becomes effective under section 208 of this title, it may be reviewed with respect to matters concerning the value of the rail properties to he conveyed under the plan and the value of the consideration to be received for such properties. (b) Special Court.— Within 30 days after the date of enactment of this Act, the Association shall make application to the judicial panel on multi-district litigation authorized by section 1407 of title 28, United States Code, for the consolidation in a single, three-judge district 82 Stat. 109. court of the United States of all judicial proceedings with respect to the final system plan. Within 30 days after such application is received, the panel shall make the consolidation in a district court (cited herein as the “special court”) which the panel determines to be convenient to the parties and the one most likely to be able to conduct any proceedings under this section with the least delay and the greatest possible fairness and ability. Such proceedings shall be conducted by the special court which shall be composed of three Federal judges who shall be selected by the panel, except that none of the judges selected may be a judge assigned to a proceeding involving any railroad in reorganization in the region under section 77 of the Bankruptcy Act (11 49 Stat. 911; 76 Stat. 577. U.S.C. 205). The special court is authorized to exercise the powers of a district judge in any judicial district with respect to such proceedings and such powers shall include those of a reorganization court. The special court shall have the power to older the conveyance of rail properties of railroads leased, operated, or controlled by a railroad in reorganization Rules. in the region. The panel may issue rules for the conduct of its functions under this subsection. No determination by the panel under this subsection may be reviewed in any court. (c) Delivery of Plan to Special Court.— Within 90 days after its effective date, the Association shall deliver a certified copy of the final system plan to the special court and shall certify to the special court— (1) which rail properties of the respective railroads in reorganization in the region and of any railroad leased, operated, or controlled by such railroads in reorganization are to be transferred to the Corporation, in accordance with the final system plan; (2) which rail properties of the respective railroads in reorganization in the region or railroads leased, operated, or controlled by such railroads in reorganization are to be conveyed to profitable railroads, in accordance with the final system plan; (3) the amount, terms, and value of the securities of the Corporation (including any obligations of the Association) to be exchanged for those rail properties to be transferred to the Corporation pursuant to the final system plan, and as indicated in paragraph (1) of this subsection; and (4) that the transfer of rail properties in exchange for securities of the Corporation (including any obligations of the Association) and other benefits is fair and equitable and in the public interest. (d) Bankruptcy Courts.— Within 90 days after its effective date, the Association shall deliver a certified copy of the final system plan to each district court of the United States or any other court having jurisdiction over a railroad in reorganization in the region and shall certify to each such court— (1) which rail properties of that railroad in reorganization are to be transferred to the Corporation under the final system plan; and (2) which rail properties of that railroad in reorganization, if any, are to be conveyed to profitably railroads operating in the region, under the final system plan.

2. 1976

   Railroad Revitalization and Regulatory Reform Act of 1976

   Pub. L. 94–210 § 602(a) · 90 Stat. 31

   Substituted · 45 U.S.C. § 719(b)

   Pub. L. 94–210, § 602(a), substituted provisions relating to issuance of rules by special court for conduct of proceedings under this section and section 745 of this title, for provisions relating to issuance of rules by panel for conduct of its functions under this provision

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 94–210, § 602(a), substituted provisions relating to issuance of rules by special court for conduct of proceedings under this section and section 745 of this title, for provisions relating to issuance of rules by panel for conduct of its functions under this provision.

   Enacted provision · exact public law section
   (a) Section 209(b) of such Act (45 U.S.C. 719) is amended by striking out the sixth sentence thereof and inserting in lieu thereof the following new sentence: “The special court may issue rules for the conduct of any proceedings under this section and under section 305 of this Act, including rules with respect to the time within which motions may be filed, and with respect to appropriate representation of interests not otherwise represented (including the Secretary with respect to a petition by the Association in the case of a proposal Post, p. 100. developed by the Secretary, under such section 305).”.

3. 1976

   Railroad Revitalization and Regulatory Reform Act of 1976

   Pub. L. 94–210 § 607(i) · 90 Stat. 31

   1. Inserted · 45 U.S.C. § 719(c)

      Pub. L. 94–210, § 607(i), (l), (r), (s), inserted “or any subsidiary thereof” after “Corporation” wherever appearing

   2. Substituted · 45 U.S.C. § 719(c)

      Pub. L. 94–210, § 607(i), (l), (r), (s), substituted “certificates of value” for “obligations” wherever appearing

   3. Inserted · 45 U.S.C. § 719(c)

      Pub. L. 94–210, § 607(i), (l), (r), (s), inserted provisions at end relating to the time for the delivery of the final system plan on March 12, 1976, and conditions for extension of such date

   4. Substituted · 45 U.S.C. § 719(c)

      Pub. L. 94–210, § 607(i), (l), (r), (s), substituted references to person leased for references to railroad leased wherever appearing in pars. (1) and (2). See Codification note above

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 94–210, § 607(i), (l), (r), (s), inserted “or any subsidiary thereof” after “Corporation” wherever appearing, substituted “certificates of value” for “obligations” wherever appearing, inserted provisions at end relating to the time for the delivery of the final system plan on March 12, 1976, and conditions for extension of such date, and substituted references to person leased for references to railroad leased wherever appearing in pars. (1) and (2). See Codification note above.

   Enacted provision · exact public law section
   (i) Sections 206(d)(1). 209 (c) and (d), 215(d). 304(e), and 501 (1) and (2) of such Act (45 U.S.C. 716(d)(1), 719(c) and (d), 744 (e), and 771 (1) and (2)) are amended by inserting after “Corporation” 45 USC 716, 719, 725, 744, 771. each time it appeal’s the following: “or any subsidiary thereof”.

4. 1976

   Railroad Revitalization and Regulatory Reform Act of 1976

   Pub. L. 94–210 § 607(i) · 90 Stat. 31

   Inserted · 45 U.S.C. § 719(d)(1)

   Pub. L. 94–210, § 607(i), inserted “or any subsidiary thereof” after “Corporation”

   Source evidence

   Code amendment note
   Subsec. (d)(1). Pub. L. 94–210, § 607(i), inserted “or any subsidiary thereof” after “Corporation”.

   Enacted provision · exact public law section
   (i) Sections 206(d)(1). 209 (c) and (d), 215(d). 304(e), and 501 (1) and (2) of such Act (45 U.S.C. 716(d)(1), 719(c) and (d), 744 (e), and 771 (1) and (2)) are amended by inserting after “Corporation” 45 USC 716, 719, 725, 744, 771. each time it appeal’s the following: “or any subsidiary thereof”.

5. 1976

   Railroad Revitalization and Regulatory Reform Act of 1976

   Pub. L. 94–210 § 602(b) · 90 Stat. 31

   Added · 45 U.S.C. § 719(e)(g)

   Pub. L. 94–210, § 602(b), added subsecs. (e) to (g)

   Source evidence

   Code amendment note
   Subsecs. (e) to (g). Pub. L. 94–210, § 602(b), added subsecs. (e) to (g).

   Enacted provision · exact public law section
   (b) Section 209 of such Act (45 U.S.C. 719) is amended by adding at the end thereof the following three new subsections: “(e) Original and Exclusive Jurisdiction.— (1) Notwithstanding any other provision of law’, any civil action— “(A) for injunctive or other relief against the Association from the enforcement, operation, or execution of this Act or any provision thereof, or from any action taken by the Association pursuant to authority conferred or purportedly conferred under this Act; “(B) challenging the constitutionality of this Act or any provision thereof; “(C) challenging the legality of any action of the Association, or any failure of the Association to take any action, pursuant to authority conferred or purportedly conferred under this Act; “(D) to obtain, inspect, copy, or review any document in the possession or control of the Association that would be discoverable 45 USC 743. in litigation pursuant to section 303(c) of this Act; “(E) brought after a conveyance, pursuant to section 303(b) 45 USC 743. of this Act, to set aside or annul such conveyance or to secure in any way the reconveyance of any rail properties so conveyed; or “(F) with respect to continuing reorganization and supplemental transactions, in accordance with section 305 of this Act; shall be within the original and exclusive jurisdiction of the special court. The special court shall not hear or determine any such action prior to the date of conveyance, pursuant to section 303(d) (1) of this Act, except as the Constitution may require. Relief shall not be granted USC prec. title 1. in any action referred to in subparagraph (A), (C), or (E) unless the person seeking such relief establishes that the Association acted in reckless or deliberate disregard of applicable law. “(2) The original and exclusive jurisdiction of the special court shall include any action, whether filed by any interested person or initiated by the special court itself, to interpret, alter, amend, modify, or implement any of the orders entered by such court pursuant to section 303(b) of this Act in order to effect the purposes of this Act or the goals of the final system plan. During the pendency of any proceeding described in this paragraph, the special court may enter such orders as it determines to be appropriate, including orders enjoining, restraining, conditioning, or limiting any conveyance, transfer, or use of any asset or right which is subject to such an order or which is at issue in such a proceeding, or which involves the enforcement of any liens or encumbrances upon such assets or rights. Any orders pursuant to this paragraph which interpret, alter, amend, modify, or implement orders entered by the special court shall be final and shall not lie restrained or enjoined by any court. “(3) A final order or 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 this Act, in whole or in part, or of any action taken under this Act, shall be reviewable by direct appeal to the Supreme Court of the United States in the same manner that an injunctive order may be appealed under section 1253 of title 28, United States Code. Such review is exclusive and any petition or appeal shall be filed not more than 20 days after entry of such order or judgment. “(f) Disposition of Cash Deposits.— Whenever the compensation which is deposited with the special court under section 303(a) of this Act is in the form of cash, such cash shall be invested and reinvested upon such terms and conditions as the special court shall determine, pending the making of the findings referred to in paragraphs (1), (2), and (3) of section 303(c) of this Act. Notwithstanding section 303(c) (4) of this Act, the special court may order (1) the income from such investments, (2) the dividends or interest, if any, received on any securities or obligations deposited with the special court under such section 303(a), and (3) the income, if any, received with respect to any other form of compensation so deposited, to be distributed to the trustee of each railroad in reorganization and to any person leased, operated or controlled by such a railroad which conveyed the right, title, and interest in the rail properties with respect to which such cash, securities, obligations, or other compensation have, been so deposited with the special court. Notwithstanding section 303(c) (4) of this Act, the special court may, within 90 days after the date of conveyance of rail properties pursuant to section 303(b) of this Act, order up to 25 percent of any cash (including investments made with cash) and other compensation deposited with the special court to be distributed to such trustee or person. On petition of the applicable trustee or person, the special court may order such additional distributions as it finds reasonable and appropriate, prior to the making of the findings 45 USC 743. referred to in paragraphs (1), (2), and (3) of such section 303(c). “(g) Stay of Court Proceedings.— The special court may stay or enjoin any action or proceeding in any State court or in any court of the United States other than the Supreme Court if such action or proceeding is contrary to any provision of this Act, impairs the effective implementation of this Act, or interferes with the execution of any order of the special court pursuant to this Act.”.

6. 1977

   Pub. L. 95–199 § 3 · 91 Stat. 1423

   Added · 45 U.S.C. § 719(h)

   Pub. L. 95–199 added subsec. (h)

   Source evidence

   Code amendment note
   Subsec. (h). Pub. L. 95–199 added subsec. (h).

   Enacted provision · exact public law section
   Sec. 3. Section 209 of the Regional Rail Reorganization Act of 1973 Special masters, appointment (45 U.S.C. 719) is amended by adding at the end thereof the following new subsection: “(h) Special Masters.— (1) The special court may appoint and fix the compensation and assign the duties of such special masters as it considers necessary or appropriate to conduct hearings, receive evidence and report thereon to the special court, and perform such other acts as the special court may require. The special court may employ Contract, advertisement, exception. 5 USC 2101 et seq. such special masters by contract or otherwise, without regard to section 3709 of the Revised Statutes of the United States (41 U.S.C. 5) or part III of title 5 of the United States Code, on such terms and conditions as it may determine. Such special masters shall not be deemed to be employees of the Federal Government or any department, agency, or instrumentality thereof. The special court may also appoint employees in such number as may be approved by the Director of the Administrative Office of the United States Courts, and may procure such administrative services as may be necessary for it or the special masters to complete their assignments expeditiously. “(2) There are authorized to be appropriated such sums as are Appropriation authorization. necessary to carry out the purposes of this subsection. Sums appropriated under this subsection are authorized to remain available until expended.”.

7. 1988

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

   1. Struck · 45 U.S.C. § 719(e)(3)

      Pub. L. 100–352 struck out “, except that any order or judgment enjoining the enforcement, or declaring or determining the unconstitutionality or invalidity, of this chapter, in whole or in part, or of any action taken under this chapter, shall be reviewable by direct appeal to the Supreme Court of the United States in the same manner that an injunctive order may be appealed under section 1253 of title 28” before the period at end of first sentence

   2. Substituted · 45 U.S.C. § 719(e)(3)

      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. (e)(3). Pub. L. 100–352 struck out “, except that any order or judgment enjoining the enforcement, or declaring or determining the unconstitutionality or invalidity, of this chapter, in whole or in part, or of any action taken under this chapter, shall be reviewable by direct appeal to the Supreme Court of the United States in the same manner that an injunctive order may be appealed under section 1253 of title 28” before the period 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
   (d) Section 209(e)(3) of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 719(e)(3)) 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”.

8. 1996

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

   1. Amended · 45 U.S.C. § 719(b)

      Pub. L. 104–317, § 605(a), designated existing provisions as par. (1)

   2. Added · 45 U.S.C. § 719(b)

      Pub. L. 104–317, § 605(a), added par. (2)

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 104–317, § 605(a), designated existing provisions as par. (1) and added par. (2).

   Enacted provision · exact public law section
   (a) Abolition of the Special Court.— Section 209 of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 719) is amended in subsection (b)— (1) by inserting “(1)” before “Within 30 days after”; and (2) by adding at the end thereof the following new paragraph: “(2) The special court referred to in paragraph (1) of this subsection is abolished effective 90 days after the date of enactment of the Federal Courts Improvement Act of 1996. On such effective date, all jurisdiction and other functions of the special court shall be assumed by the United States District Court for the District of Columbia. With respect to any proceedings that arise or continue after the date on which the special court is abolished, the references in the following provisions to the special court established under this subsection shall be deemed to refer to the United States District Court for the District of Columbia: “(A) Subsections (c), (e)(1), (e)(2), (f) and (g) of this section. “(B) Sections 202 (d)(3), (g), 207 (a)(1), (b)(1), (b)(2), 208(d)(2), 301 (e)(2), (g), (k)(3), (k)(15), 303 (a)(1), (a)(2), (b)(1), (b)(6)(A), (c)(1), (c)(2), (c)(3), (c)(4), (c)(5), 304 (a)(1)(B), (i)(3), 305 (c), (d)(1) (d)(2), (d)(3), (d)(4), (d)(5), (d)(8), (e), (f)(1), (f)(2)(B), (f)(2)(D), (f)(2)(E), (f)(3), 306 (a), (b), (c)(4), and 601 (b)(3), (c) of this Act (45 U.S.C. 712 (d)(3), (g), 717 (a)(1), (b)(1), (b)(2), 718(d)(2), 741 (e)(2), (g), (k)(3), (k)(15), 743 (a)(1), (a)(2), (b)(1), (b)(6)(A), (c)(1), (c)(2), (c)(3), (c)(4), (c)(5), 744 (a)(1)(B), (i)(3), 745 (c), (d)(1), (d)(2), (d)(3), (d)(4), (d)(5), (d)(8), (e), (f)(1), (f)(2)(B), (f)(2)(D), (f)(2)(E), (f)(3), 746 (a), (b), (c)(4), 791 (b)(3), (c)). “(C) Sections 1152(a) and 1167(b) of the Northeast Rail Service Act of 1981 (45 U.S.C. 1105(a), 1115(a)). “(D) Sections 4023 (2)(A)(iii), (2)(B), (2)(C), (3)(C), (3)(E), (4)(A) and 4025(b) of the Conrail Privatization Act (45 U.S.C. 1323 (2)(A)(iii), (2)(B), (2)(C), (3)(C), (3)(E), (4)(A), 1324(b)). “(E) Section 24907(b) of title 49, United States Code. “(F) Any other Federal law (other than this subsection and section 605 of the Federal Courts Improvement Act of 1996), Executive order, rule, regulation, delegation of authority, or document of or relating to the special court as previously established under paragraph (1) of this subsection.”.

   Effective date note
   Pub. L. 104–317, title VI, § 605(e), Oct. 19, 1996, 110 Stat. 3859, provided that: “The amendments made by subsections (b) and (c) of this section [amending this section and sections 743, 745, 1104, and 1105 of this title] shall take effect 90 days after the date of enactment of this Act [Oct. 19, 1996] and, except as provided in subsection (d) [enacting provisions set out as a note below], shall apply with respect to proceedings that arise or continue after such effective date.”

9. 1996

   Pub. L. 104–317 § 605(b)(1) · 110 Stat. 3847

   1. Added · 45 U.S.C. § 719(e)(3)

      Pub. L. 104–317, § 605(b)(1), added par. (3)

   2. Struck · 45 U.S.C. § 719(e)(3)

      Pub. L. 104–317, § 605(b)(1), struck out former par. (3) which read as follows: “A final order or 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. (e)(3). Pub. L. 104–317, § 605(b)(1), added par. (3) and struck out former par. (3) which read as follows: “A final order or 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
   (1) Section 209(e) of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 719) is amended by striking out the paragraph following paragraph (2) and inserting in lieu thereof the following: “(3) 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
   Pub. L. 104–317, title VI, § 605(e), Oct. 19, 1996, 110 Stat. 3859, provided that: “The amendments made by subsections (b) and (c) of this section [amending this section and sections 743, 745, 1104, and 1105 of this title] shall take effect 90 days after the date of enactment of this Act [Oct. 19, 1996] and, except as provided in subsection (d) [enacting provisions set out as a note below], shall apply with respect to proceedings that arise or continue after such effective date.”

10. 1996

    Pub. L. 104–317 § 605(c)(1)(A) · 110 Stat. 3847

    Inserted · 45 U.S.C. § 719(g)

    Pub. L. 104–317, § 605(c)(1)(A), inserted “or Court of Appeals for the District of Columbia Circuit” after “Supreme Court”

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 104–317, § 605(c)(1)(A), inserted “or Court of Appeals for the District of Columbia Circuit” after “Supreme Court”.

    Enacted provision · exact public law section
    (A) in subsection (g) by inserting “or Court of Appeals for the District of Columbia Circuit” after “Supreme Court”; and

    Effective date note
    Pub. L. 104–317, title VI, § 605(e), Oct. 19, 1996, 110 Stat. 3859, provided that: “The amendments made by subsections (b) and (c) of this section [amending this section and sections 743, 745, 1104, and 1105 of this title] shall take effect 90 days after the date of enactment of this Act [Oct. 19, 1996] and, except as provided in subsection (d) [enacting provisions set out as a note below], shall apply with respect to proceedings that arise or continue after such effective date.”

11. 1996

    Pub. L. 104–317 § 605(c)(1)(B) · 110 Stat. 3847

    Struck · 45 U.S.C. § 719(h)

    Pub. L. 104–317, § 605(c)(1)(B), struck out subsec. (h) relating to special masters

    Source evidence

    Code amendment note
    Subsec. (h). Pub. L. 104–317, § 605(c)(1)(B), struck out subsec. (h) relating to special masters.

    Enacted provision · exact public law section
    (B) by striking out subsection (h).

    Effective date note
    Pub. L. 104–317, title VI, § 605(e), Oct. 19, 1996, 110 Stat. 3859, provided that: “The amendments made by subsections (b) and (c) of this section [amending this section and sections 743, 745, 1104, and 1105 of this title] shall take effect 90 days after the date of enactment of this Act [Oct. 19, 1996] and, except as provided in subsection (d) [enacting provisions set out as a note below], shall apply with respect to proceedings that arise or continue after such effective date.”

17 of 17 references resolved to an enrolled provision