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(g) Moving expense benefits.

Any protected employee who is required to make a change of residence as the result of a transaction shall be entitled to the following benefits

(1) Reimbursement for all expenses of moving his household and other personal effects, for the traveling expense of himself and members of his family, including living expenses for himself and his family, and for his own actual wage loss, not to exceed 10 working days: Provided, That the Corporation or acquiring railroad shall, to the same extent provided above, assume said expenses for any employee furloughed within 3 years after changing his point of employment as a result of a transaction, who elects to move his place of residence back to his original point of employment. No claim for reimbursement shall be paid under the provisions of this section unless such claim is presented to the Corporation or acquiring railroad within 90 days after the date on which the expenses were incurred.

(2) (A) (i) If the protected employee owns, or is under a contract to purchase, his own home in the locality from which he is required to move and elects to sell said home, he shall be reimbursed for any loss suffered in the sale of his home for less than its fair market value. In each case the fair market value of the home in question shall be determined as of a date sufficiently prior to the date of the transaction so as to be unaffected thereby. The Corporation or an acquiring railroad shall in each instance be afforded an opportunity to purchase the home at such fair market value before it is sold by the employee to any other person.

(ii) A protected employee may elect to waive the provisions of paragraph (2)(A)(i) of this subsection and to receive, in lieu thereof, an amount equal to his closing costs which are ordinarily paid for and assumed by a seller of real estate in the jurisdiction in which the residence is located. Such costs shall include a real estate commission paid to a licensed realtor (not to exceed $3,000 or 6 per centum of sale price, whichever is less), and any prepayment penalty required by the institution holding the mortgage; such costs shall not include the payment of any "points" by the seller. (B) If the protected employee holds an unexpired lease on a dwelling occupied by him as his home, he shall be protected from all loss and cost in securing the cancellation of said lease.

(C) No claim for costs or loss shall be paid under the provisions of this paragraph unless the claim is presented to the Corporation or an acquiring railroad within 90 days after such costs or loss are incurred.

(D) Should a controversy arise with respect to the value of the home, the costs or loss sustained in its sale, the costs or loss under a contract for purchase, loss or cost in securing termination of a lease, or any other question in connection with these matters, it shall be decided through joint conference between the employee, or his representative, and the Corporation or an acquiring railroad. In the event they are unable to agree, the dispute or controversy may be referred by either party to a board of competent real estate appraisers, selected in the following manner: One to be selected by the employee or his representative and one by the Corporation or acquiring railroad and these two, if unable to agree upon a valuation within 30 days, shall endeavor by agreement within 10 days thereafter to select a third appraiser, or to agree to a method by which a third appraiser shall be selected, and, failing such agreement, either party may request the National Mediation Board to designate within 10 days a third qualified real estate appraiser whose designation will be binding upon the parties. A decision of a majority of the appraisers shall be required and said decision shall be final and conclusive. The salary and expenses of the third or neutral appraiser, including the expenses of the appraisal board, shall be borne equally by the parties to the proceedings. All other expenses shall be paid by the party incurring them, including the compensation of the appraiser selected by such party. (h) Application of subchapter.

Should a railroad rearrange or adjust its forces in anticipation of a transaction with the purpose or effect of depriving a protected employee of benefits to which he otherwise would have become entitled under this subchapter, the provisions of this subchapter will apply to such employee. (Pub. L. 93-236, title V, § 505, Jan. 2, 1974, 87 Stat. 1015.)

REFERENCES IN TEXT

Railroad Retirement Act, referred to in subsec. (b) (1) (B), is classified to section 228a et seq. of this title. SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 771, 774, 777, 778 of this title.

§ 776. Contracting out.

All work in connection with the operation or services provided by the Corporation on the rail lines, properties, equipment, or facilities acquired pursuant to the provisions of this chapter and the maintenance, repair, rehabilitation, or modernization of such lines, properties, equipment, or facilities which has been performed by practice or agreement in accordance with provisions of the existing contracts in effect with the representatives of the employees of the classes or crafts involved shall continue to be performed by said Corporation's employees, including employees on furlough. Should the Corporation

lack a sufficient number of employees, including employees on furlough, and be unable to hire additional employees, to perform the work required, it shall be permitted to subcontract that part of such work which cannot be performed by its employees, including those on furlough, except where agreement by the representatives of the employees of the classes or crafts involved is required by applicable collectivebargaining agreements. The term "unable to hire additional employees" as used in this section contemplates establishment and maintenance by the Corporation of an apprenticeship, training, or recruitment program to provide an adequate number of skilled employees to perform the work. (Pub. L. 93-236, title V, § 506, Jan. 2, 1974, 87 Stat. 1019.) § 777. Arbitration.

Any dispute or controversy with respect to the interpretation, application, or enforcement of the provisions of this subchapter, except section 774(d) of this title and those disputes or controversies provided for in subsection (g) (2) (D) of section 775 of this title and subsection (b) of section 774 of this title which have not been resolved within 90 days, may be submitted by either party to an Adjustment Board for a final and binding decision thereon as provided in section 153, Second, of this title, in which event the burden of proof on all issues so presented shall be upon the Corporation or, where applicable, the Association. (Pub. L. 93-236, title V, § 507, Jan. 2, 1974, 87 Stat. 1020.)

§ 778. Acquiring railroads.

An acquiring railroad shall offer such employment and afford such employment protection to employees of a railroad from which it acquires properties or facilities pursuant to this subchapter, and shall further protect its own employees who are adversely affected by such acquisition, as shall be agreed upon between the said acquiring railroad and the representatives of such employees prior to said acquisition: Provided, however, That the protection and benefits provided for protected employees in such agreements shall be the same as those specified in section 775 of this title: And provided further, however, That unless and until such agreements are reached, the acquiring railroad shall not enter into purchase agreements pursuant to section 743 of this title. (Pub. L. 93-236, title V, § 508, Jan. 2, 1974, 87 Stat. 1020.)

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 773 of this title.

§ 779. Payments of benefits.

The Corporation. the Association (where applicable), and acquiring railroads, as the case may be, shall be responsible for the actual payment of all allowances, expenses, and costs provided protected employees pursuant to the provisions of this subchapter. The Corporation, the Association (where applicable), and acquiring railroads shall then be reimbursed for such actual amounts paid protected employees, not to exceed the aggregate sum of $250,000,000, pursuant to the provisions of this subchapter by the Railroad Retirement Board upon certification to said Board by the Corporation, the Association (where applicable), and acquiring railroads of

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the amounts paid such employees. Such reimbursement shall be made from a separate account maintained in the Treasury of the United States to be know as the Regional Rail Transportation Protective Account. There is hereby authorized to be appropriated to such protective account annually such sums as may be required to meet the obligations payable hereunder, not to exceed in the aggregate, however, the sum of $250,000,000. There is further authorized to be appropriated to the Railroad Retirement Board annually such sums as may be necessary to provide for additional administrative expenses to be incurred by the Board in the performance of its functions under this section. (Pub. L. 93236, title V, § 509, Jan. 2, 1974, 87 Stat. 1020.) SUBCHAPTER VI.-MISCELLANEOUS

PROVISIONS

§ 791. Relationship to other laws. (a) Antitrust.

(1) Except as specifically provided in paragraph (2) of this subsection, no provision of this chapter shall be deemed to convey to any railroad or employee or director thereof any immunity from civil or criminal liability, or to create defenses to actions, under the antitrust laws.

(2) The antitrust laws are inapplicable with respect to any action taken to formulate or implement the final system plan where such action was in compliance with the requirements of such plan.

(3) As used in this subsection, "antitrust laws" includes the Act of July 2, 1890 (ch. 647, 26 Stat. 209), as amended; the Act of October 15, 1914 (ch. 323, 38 Stat. 730), as amended; the Federal Trade Commission Act (38 Stat. 717), as amended; sections 73 and 74 of the Act of August 27, 1894 (28 Stat. 570), as amended; the Act of June 19, 1936 (ch. 592, 49 Stat. 1526), as amended; and the antitrust laws of any State or subdivision thereof.

(b) Commerce and bankruptcy.

The provisions of the Interstate Commerce Act and the Bankruptcy Act are inapplicable to transactions under this chapter to the extent necessary to formulate and implement the final system plan whenever a provision of any such Act is inconsistent with this chapter.

(c) Environment.

(1) The provisions of section 4332(2) (C) of Title 42 shall not apply with respect to any action taken under authority of this chapter before the effective date of the final system plan.

(d) Northeast corridor.

(1) Rail properties designated in accordance with section 716(c) (1) (C) of this title shall be leased or may (at its option) be purchased or otherwise acquired by the National Railroad Passenger Corporation. The Corporation shall negotiate an appropriate sale or lease agreement with the National Railroad Passenger Corporation as provided in the final system plan.

(2) Properties acquired by purchase, lease, or otherwise pursuant to this subsection shall be improved in order to meet the goal set forth in section 1 So in original.

716(a)(3) of this title, relating to improved highspeed passenger service, by the earliest practicable date after January 2, 1974.

(3) The Secretary shall begin the necessary engineering studies and improvements on January 2, 1974.

(4) The final system plan shall provide for any necessary coordination with freight or commuter services of use of the facilities designated in section 716(c) (1) (C) of this title. Such coordination may be effectuated through a single operating entity, designated in the final system plan, or as mutually agreed upon by the interested parties.

(5) Construction or improvements made pursuant to this subsection may be made in consultation with the Corps of Engineers. (Pub. L. 93-236, title VI, § 601(a)–(d), Jan. 2, 1974, 87 Stat. 1021.)

REFERENCES IN TEXT

Act of July 2, 1890, referred to in subsec. (a)(3), is classified to section 1 et seq. of Title 15, Commerce and Trade.

Act of October 15, 1914, referred to in subsec. (a) (3), is classified to section 12 et seq. of Title 15.

The Federal Trade Commission Act, referred to in subsec. (a) (3), is classified to section 41 et seq. of Title 15. Sections 73 and 74 of the Act of August 27, 1894, referred to in subsec. (a) (3), are classified to sections 8 and 9 of Title 15.

Act of June 19, 1936, referred to in subsec. (a) (3), is classified to sections 13, 13a, 13b, and 21a of Title 15. Interstate Commerce Act, referred to in subsec. (b), is classified to chapters 1, 8, 12, 13 and 19 of Title 49, Transportation.

Bankruptcy Act, referred to in subsec. (b), is classified to section 1 et seq. of Title 11, Bankruptcy.

CODIFICATION

A subsec. (e) of section 601 of Pub. L. 93-236, which was designated in the original, as "Emergency Service", amended section 1(16) of Title 49, Transportation.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 716, 742 of this title.

§ 792. Annual evaluation by the Secretary.

As part of his annual report each year, the Secretary shall transmit to Congress each year a comprehensive report on the effectiveness of the Association and the Corporation in implementing the purposes of this chapter, together with any recommendations for additional legislative or other action. (Pub. L. 93-236, title VI, § 602, Jan. 2, 1974, 87 Stat. 1022.)

§ 793. Freight rates for recyclables.

The Commission shall, by expedited proceedings. adopt appropriate rules under the Interstate Commerce Act which will eliminate discrimination against the shipment of recyclable materials in rate structures and in other Commission practices where such discrimination exists. (Pub. L. 93-236, title VI, § 603, Jan. 2, 1974, 87 Stat. 1023.)

REFERENCES IN TEXT

Interstate Commerce Act, referred to in text, is classified to chapters 1, 8, 12, 13 and 19 of Title, 49, Transportation.

Chap.

TITLE 46.-SHIPPING

33. Coordinated National Boating Safety Program [New]..

Sec.

1451

Chapter 2A.-LOAD LINES FOR AMERICAN

VESSELS

SUBCHAPTER I.-LOADLINES FOR VESSELS MAKING FOREIGN SEA VOYAGES

Sec.

86. Enforcement; regulations; personnel [New]. 86a. Definitions [New].

(a) Federal Jurisdiction.

loadlines and vessels affected. Subject matter is now covered in part by section 86b (a) (2), (3), (b) (4), (6) of this title.

Sections 85a to 85e, act Mar. 2, 1929, ch. 508, §§ 2-6, 45 Stat. 1493, 1494, related to: determination of loadlines, regulations, and material factors in fixing lines; marking lines on vessels, approval of marks, and issuance of certificate; requirement that vessels be so loaded as not to submerge lines or marks; application of sections 85 to 85g of this title to foreign vessels; and recordation by masters of vessels of position of loadline mark and actual drafts, respectively. Subject is now covered in this title as follows:

Former Sections

86b. Vessels subject to subchapter [New].

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(d) Treaties or conventions unaffected.

86c. Determination of loadlines [New].

(a) Minimum freeboard; criteria.

(b) Marking and maintaining loadlines; issuance of loadline certificate.

(c) Prescribed loadlines; minimum safe freeboard; greater freeboard than minimum freeboard. 86d. Survey or registry of shipping [New].

(a) Appointments for determination of condition of vessels and positioning and marking of loadlines; issuance of loadline certificate.

(b) Appointees.

(c) Revocation of appointments.

86e. Exemptions; certificate of exemption [New]. 861. Foreign vessels [New].

(a) Compliance with subchapter by compliance with loadlines and markings of foreign country and issuance of foreign certificate; international agreement for control of foreign vessels.

(b) Reciprocal loadline recognition.

86g. Loading restrictions, submerging loadlines or loadline marks; recordation by masters of position of loadline marks and actual drafts [New].

86h. Detention of vessels [New].

(a) Reasonable belief; notice to master or officer
in charge of vessel; detention order.
(b) Clearance; refusal or withdrawal.
(c) Petition for review; regulations.
(d) Administrative determination.
(e) Liability of owner for costs.

861. Penalties for violations [New].

(a) Civil liability for violations of subchapter;
separate violations.

(b) Civil liability for section 86g(a) violations.
(c) Civil liability for section 86g (b) violations.
(d) Criminal liability for departures in violation
of detention orders.

(e) Criminal liability for concealment, removal,
alteration, defacement, or obliteration of
vessel marks, lawful changes; wartime escape
from enemy capture.

(f) Liability of vessel.

(g) Administrative assessment, collection, remission, mitigation, or compromise.

SUBCHAPTER I.-LOADLINES FOR VESSELS MAKING FOREIGN SEA VOYAGES

§§ 85 to 85g. Repealed. Pub. L. 93-115, § 12, Oct. 1, 1973, 87 Stat. 421.

Section 85, acts Mar. 2, 1929, ch. 508, § 1, 45 Stat. 1492; May 26, 1939, ch. 151, § 1, 53 Stat. 783; Aug. 31, 1962, Pub. L. 87-620, § 1(1), 76 Stat. 415, related to establishment of

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Present Sections

86, 86c (a)

86c (b), 86d. See 861 86g(a)

86f 86g (b)

Section 85f, acts Mar. 2, 1929, ch. 508, § 7, 45 Stat. 1494; Aug. 31, 1962, Pub. L. 87-620, § 1(2), 76 Stat. 415, related to detention of vessels loaded in violation of sections 85 to 85g of this title. Subject matter is now covered by section 86h of this title.

Section 85g, acts Mar. 2, 1929, ch. 508, § 8, 45 Stat. 1494; May 26, 1939, ch. 151, § 2, 53 Stat. 783; Aug. 31, 1962, Pub. L. 87-620, § 1(3), 76 Stat. 415, related to penalties for violations of sections 85 to 85g of this title and seizure of vessels. Subject matter is now covered by section 861 of this title as follows:

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