Page:United States Statutes at Large Volume 90 Part 1.djvu/162

 90 STAT. 112

PUBLIC LAW 94-210—FEB. 5, 1976 ble unconstitutional erosion, if any, which the special court finds to have occurred in the estate of each such railroad, during the bankruptcy proceeding with respect to such railroad)". (4) Section 303(c)(3) of such Act (45 U.S.C. 743(c)(3)) is amended by adding at the end thereof the following new sentence: "In making any finding under this paragraph, the special court shall take into consideration compensable unconstitutional erosion, if any, which it finds to have occurred in the estate of a railroad in reorganization in the region, or of a railroad leased, operated, or controlled by such a railroad, during the bankruptcy proceeding with respect to such railroad.". DEFINITIONS

45 USC 716. Ante, p. 100. ,



SEC. 613. Section 501 of such Act (45 U.S.C. 771) is amended— (1) in paragraphs (1) and (6) thereof, by inserting immediately after "Corporation" each place it appears the following: "or a subsidiary thereof"; (2) in paragraph (2) thereof (A) by inserting immediately after "Corporation" the following: "or a subsidiary thereof, to the National Railroad Passenger Corporation,"; and (B) by striking out "except a president," and inserting in lieu thereof "(except a Class I railroad which is not wholly owned, operated, or leased by a railroad in reorganization but is controlled by a railroad in reorganization), but does not include a president,"; (3) by amending paragraph (3) thereof to read as follows: " (3) 'protected employee' means any employee of— "(A) an acquiring or selling railroad who is adversely affected by a transaction; "(B) the Corporation who, immediately preceding such employment by the Corporation, was employed by a selling railroad and who is adversely affected by the sale of rail properties to the Corporation pursuant to an offer designated under section 206(c)(2) of this Act; "(C) a railroad in reorganization in the region; and "(D) a railroad who is adversely affected by a supplemental transaction under section 305 of this Act or by a project recommended under section 206(g) of this Act; who, in any such case, has not reached age 65 on the effective date of this Act;" (4) amending paragraph (8) thereof by (A) striking out "this Act or" and inserting in lieu thereof "this Act, including section 305 thereof, or", and (B) striking out "and" at the end of such paragraph; (5) striking out the period at the end of paragraph (9) thereof and inserting in lieu thereof "; and"; and (6) adding at the end thereof the following new paragraph: "(10) 'selling railroad' means a railroad which sells rail properties pursuant to an offer designated under section 206(c)(2) of this Act.". EMPLOYMENT OFFERS

SEC. 614. (a) Section 502(b) of such Act (45 U.S.C. 772(b)) ia amended to read as follows: "(b) MANDATORY OFFER.—The Corporation shall offer employment, to be effective as of the date of a conveyance or discontinuance of serv-

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