Page:United States Statutes at Large Volume 92 Part 2.djvu/1268

 92 STAT. 2548

PUBLIC LAW 95-597—NOV. 4, 1978

road in reorganization but is not itself subject to a bankruptcy proceeding, if such railroad conveyed substantially all of its rail properties to the Corporation pursuant to paragraph (1) of this subsection and conducted operations over such rail properties prior to the date of such conveyance.", 45 USC 743 note. gEC. 2. The conferring of administrative claim status on amounts paid for the insurance premiums and benefits described in the amendment made by the first section of this Act shall be effective solely for purposes of meeting the conditions set forth in section 211(h)(4)(A) 45 USC 721. (iii) of the Regional Rail Reorganization Act of 1973 with respect to which obligations of the estate of a railroad in reorganization may be paid pursuant to such section 211(h), and shall not be construed— (1) as affecting the jurisdiction of the district court having jurisdiction over such a railroad in reorganization to determine whether such insurance premiums and benefits constitute enforceable contractual obligations of the estate of such a railroad for purposes of reimbursement under such section 211(h); or (2) as establishing or reordering any priority which a claim against the estate oi such a railroad for reimbursement for the amounts paid for such insurance premiums and benefits may or may not have under the provisions of the Bankruptcy Act or any other law. 45 USC 743 note. SEC. 3. Notwithstanding any other provision of law, any corporation which, pursuant to a plan of reorganization under section 77 of the 11 USC 205. Bankruptcy Act, is the successor in interest to a railroad in reorganization shall have standing to assert, in any judicial or administrative proceeding, any claim or defense available to such railroad in reorganization with respect to whether the insurance benefits and premiums described in the amendment made by the first section of this Act constitute enforceable contractual obligations of the estate of such railroad in reorganization. For purposes of this section, the term "railroad in reorganization" has the meaning given such term in paragraph (14) 45 USC 702. of section 102 of the Regional Rail Reorganization Act of 1973. Approved November 4, 1978.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-376 (Comm. on Interstate and Foreign Commerce). SENATE REPORT No. 95-1041 (Comm. on eommerce. Science, and Transportation). CONGRESSIONAL RECORD, Vol. 124 (1978): Jan. 30, considered and passed House. Aug. 2, considered and passed Senate, amended. Oct. 11, House concurred in Senate amendment with an amendment. Oct. 13, Senate concurred in House amendments.

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