Page:United States Statutes at Large Volume 90 Part 2.djvu/1154

 90 STAT. 2622

"Replacement operator."

PUBLIC LAW 94-555--OCT. 19, 1976 (1) by striking out "and" at the end of paragraph (9) thereof; (2) by striking out the period at the end of paragraph (10) thereof, and inserting in lieu thereof "; and"; and (3) by adding at the end thereof the following new paragraph: " (H) 'replacement operator'means— "(A) a State which has acquired all or part of the rail properties of any railroad in reorganization in the region and which intends to replace any class I railroad as the operator of rail service over such rail properties; or "(B) any class I railroad which is designated, by a State which has acquired such rail properties, to replace the State or any other class I railroad as the operator of rail service over such rail properties.". (b) Section 504(f)(3) of the Kegional Eail Eeorganization Act of 1973 (45 U.S.C. 774(b)(3)) is amended— (1) in the first sentence thereof, by striking out "shall upon transfer" and all that follows through "status." and inserting in lieu thereof the following: ", or as a result of the designation of a replacement operator, shall, upon transfer to the National Railroad Passenger Corporation, an acquiring railroad, or a replacement operator, carry with him his protected status."; and (2) in the second sentence thereof by striking out "or an acquiring railroad," and inserting in lieu thereof ", an acquiring railroad, or a replacement operator,". (c) Section 509 of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 779) is amended— (1) by inserting immediately after "the Association (where applicable)," each time it appears the following: "replacement operators,"; and (2) in the third sentence thereof, by inserting immediately after "the Corporation nor" the following: "a replacement operator nor". COLLECTIVE BARGAINING AND TELA CLAIMS

Ante, p. 2617.

SEC. 208. (a) Section 504(e) of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 774 (e)) is amended— (1) by striking out the period at the end of the first sentence thereof, and inserting in lieu thereof the following: ", to the extent that such claims are determined by the Association to be the obligation of a railroad in reorganization in the region."; and (2) by inserting immediately after the first sentence thereof the following new sentences: "Any liability of an estate of a railroad in reorganization to its employees which is assumed, processed, and paid, pursuant to this subsection, by the Corporation, the National Railroad Passenger Corporation, or an acquiring carrier shall remain the preconveyance obligation of the estate of such railroad for purposes of section 211(h)(1) of this Act. The Corporation, the National Railroad Passenger Corporation, an acquiring carrier, or the Association, as the case may be, shall be entitled to a direct claim as a current expense of administration, in accordance with the provisions of section 211(h) of this Act (other than paragraph (4)(A) thereof), for reimbursement (including costs and expenses of processing such claims) from the estate of the railroad in reorganization on whose behalf such obligations are discharged or paid.".

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