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Title 45 — Railroads

Chapter 18 — Milwaukee Railroad Restructuring

§ 914. Obligation guarantees

Statutory text

(a)

Authorization

The Secretary of Transportation, under the authority of section 831 of this title, shall guarantee obligations of the Milwaukee Railroad for purposes of providing employee protection in accordance with the terms of the employee protection agreement entered into under section 908 of this title. Guarantees under this section shall be entered into without regard to the requirements of subsection (g) of section 831 of this title.

(b)

Obligations as administrative expense

Any obligation guaranteed pursuant to this section shall be treated as an administrative expense of the estate of the Milwaukee Railroad.

(c)

Limit on aggregate unpaid principal amount

The aggregate unpaid principal amount of obligations which may be guaranteed by the Secretary pursuant to this section shall not exceed $75,000,000.

(d)

Limit on total liability

The total liability of the Milwaukee Railroad in connection with benefits and allowances provided under an employee protection agreement entered into under section 908 of this title shall not exceed $75,000,000.

(e)

Liability of United States respecting section 908 agreements

Except in connection with obligations guaranteed under this section, the United States shall incur no liability to employees in connection with any employee protection agreement entered into under section 908 of this title.

(f)

Applicability of section 22404 of title 49

Section 22404 of title 49 shall not apply to any obligation guaranteed under this section.

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. Milwaukee Railroad Restructuring Act

    Pub. L. 96–101 § 15 · 93 Stat. 736

    Enacted · 45 U.S.C. § 914

    Pub. L. 96–101, § 15, Nov. 4, 1979, 93 Stat. 743

    Source evidence

    Code source credit
    Pub. L. 96–101, § 15, Nov. 4, 1979, 93 Stat. 743

    Enacted provision · exact public law section
    Sec. 15. obligation guarantees (a) The Secretary of Transportation, under the authority of 45 USC 914. section 511 of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 831), shall guarantee obligations of the Milwaukee Railroad for purposes of providing employee protection in accordance with the terms of the employee protection agreement entered into under section 9 of this Act. Guarantees under this section shall be entered into without regard to the requirements of subsection (g) of section 511 of the Railroad Revitalization and Regulatory Reform Act 45 USC 831. of 1976. (b) Any obligation guaranteed pursuant to this section shall be treated as an administrative expense of the estate of the Milwaukee Railroad. (c) The aggregate unpaid principal amount of obligations which may be guaranteed by the Secretary pursuant to this section shall not exceed $75,000,000. (d) The total liability of the Milwaukee Railroad in connection with benefits and allowances provided under an employee protection agreement entered into under section 9 of this Act shall not exceed $75,000,000. (e) Except in connection with obligations guaranteed under this section, the United States shall incur no liability in connection with any employee protection agreement entered into under section 9 of this Act. (f) Section 516 of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 836) shall not apply to any obligation guaranteed under this section.

  2. Staggers Rail Act of 1980

    Pub. L. 96–448 title VII § 701(a)(3) · 94 Stat. 1895

    Inserted · 45 U.S.C. § 914(e)

    Pub. L. 96–448 inserted “to employees” after “no liability”

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 96–448 inserted “to employees” after “no liability”.

    Enacted provision · exact public law section
    (3) Section 15(e) of the Milwaukee Railroad Restructuring Act (45 U.S.C. 914(E)) is amended by inserting “to employees” immediately after “liability”.

    Effective date note
    Amendment by Pub. L. 96–448 effective Oct. 14, 1980, see section 710(d) of Pub. L. 96–448, set out as a note under section 1170 of Title 11, Bankruptcy.

  3. Surface Transportation Investment Act of 2021

    Pub. L. 117–58 div. B title I § 21301(j)(3)(E) · 135 Stat. 429

    Substituted · 45 U.S.C. § 914(f)

    Pub. L. 117–58 substituted “Section 22404 of title 49” for “Section 836 of this title”

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 117–58 substituted “Section 22404 of title 49” for “Section 836 of this title”.

    Enacted provision · exact public law section
    (E) Milwaukee railroad restructuring act.— Section 15(f) of the Milwaukee Railroad Restructuring Act (45 U.S.C. 914(f)) is amended by striking “Section 516 of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 836)” and inserting “Section 22404 of title 49, United States Code,”.

3 of 3 references resolved to an enrolled provision

Editorial Notes

References in Text

Section 831 of this title, referred to in subsec. (a), was repealed by Pub. L. 105–178, title VII, § 7203(a)(2), , 112 Stat. 477, except for subsec. (c) of that section, which was renumbered and transferred to section 823(b) of this title by section 7203(a)(4) of Pub. L. 105–178. Section 823(b) of this title was subsequently repealed by Pub. L. 117–58, div. B, title I, § 21301(b)(1)(A), , 135 Stat. 683.

Amendments1980–2021 · 2 rounds

2021

Subsec. (f). Pub. L. 117–58 substituted “Section 22404 of title 49” for “Section 836 of this title”.

1980

Subsec. (e). Pub. L. 96–448 inserted “to employees” after “no liability”.

Statutory Notes and Related Subsidiaries

Effective Date of 1980 Amendment

Amendment by Pub. L. 96–448 effective , see section 710(d) of Pub. L. 96–448, set out as a note under section 1170 of Title 11, Bankruptcy.

Credits

1979–2021 · 3 acts
  1. 1979Pub. L. 96–101, § 15, , 93 Stat. 743
  2. 1980Pub. L. 96–448, title VII, § 701(a)(3), , 94 Stat. 1959
  3. 2021Pub. L. 117–58, div. B, title I, § 21301(j)(3)(E), , 135 Stat. 692.
Show as published

(Pub. L. 96–101, § 15, , 93 Stat. 743; Pub. L. 96–448, title VII, § 701(a)(3), , 94 Stat. 1959; Pub. L. 117–58, div. B, title I, § 21301(j)(3)(E), , 135 Stat. 692.)

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