(3) Subchapter II of this chapter shall cease to be in effect on January 1, 1985. (b) Transfer of certain authority (1) The following authority of the Board is transferred to the following Federal departments and instrumentalities: (A) The authority of the Board under sections 2 1376(b)(3) and (c) of this Appendix to provide compensation for air transportation to small communities and under section 1389 of this Appendix is transferred to the Department of Transportation. (B) The authority of the Board under this chapter with respect to foreign air transportation is transferred to the Department of Transportation which shall exercise such authority in consultation with the Department of State. (C) The authority of the Board under sections 1378 and 1379 of this Appendix, the authority of the Board under section 1382 of this Appendix, and the authority of the Board under section 1384 of this Appendix (relating to such sections 1378, 1379 and 1382 of this Appendix) is transferred to the Department of Justice. (D) The authority of the Board under this chapter with respect to the determination of the rates for the carriage of mails in interstate and overseas air transportation is transferred to the Postal Service and such authority shall be exercised through negotiations or competitive bidding. (2) Any authority transferred under paragraph (1) of this subsection shall take effect on January 1, 1985. (c) Report and assessment by Board Not later than January 1, 1984, the Board shall prepare and submit to the Congress a comprehensive review of the Board's implementation of the provisions of this chapter during the preceding initial period of this chapter's existence, and a comprehensive review of each of the Board's programs under this chapter. Each such review shall be made available to the committee or committees of the Senate and House of Representatives having jurisdiction with respect to the annual authorization of funds for the Board and its programs for the fiscal year beginning October 1, 1983. (d) Elements of Board consideration The comprehensive review of the Board's implementation of this chapter, prepared for submission under subsection (c) of this section, shall include (1) a detailed comparison of the degree of competition within the airline industry as of the year preceding enactment of this section and the final year covered by the review; (2) a comparison of the degree of pricing competition in the industry during those two one-year periods; (3) a comparison of the extent of unused authority held by the industry during those two one-year periods, with details as to the number of nonstop route segments which 'So in original. Probably should be "section". have been transferred from one carrier to another under section 1371(d)(5) of this Appendix; (4) an assessment of the degree to which agreements approved under section 1382 of this Appendix have affirmatively or negatively affected the degree of competition within the industry; (5) a comparison of the extent of air transportation service provided to small communities during the two one-year periods specified above, together with details as to the comparative subsidy costs during these two periods; (6) an assessment of the degree, if any, to which the administrative process has been expedited under this chapter; (7) an assessment of the impact of the foregoing changes upon the national air transportation system in terms of benefits or detriments to the traveling and shipping public, the Postal Service, and the national defense, and the benefits and detriments to air carriers, certificated and uncertificated; and (8) the Board's opinion as to whether the foregoing changes in combination, have improved or harmed this Nation's domestic air transportation system and the United Statesflag foreign air transportation system. This assessment shall be accompanied by a detailed opinion from the Board as to whether the public interest requires continuation of the Board and its functions beyond January 1, 1985, and, if it is the Board's conclusion that it should continue to exist, detailed recommendations as to how the provisions of this chapter should be revised to insure continued improvement of the Nation's air transportation system beyond January 1, 1985. The Board's assessment under this subsection shall also be accompanied by a comparative analysis of procedures under section 1461 of this Appendix before and after October 24, 1978, together with the Board's opinion as to the benefits of each set of procedures. (e) Elements for each comprehensive review Each comprehensive review of the Board's programs under this chapter, prepared for submission under subsection (c) of this section, shall include (1) an identification of the objectives intended for the program, and the problem or need which the program was intended to address; (2) an identification of any other programs having similar or potentially conflicting or duplicative objectives; (3) an assessment of alternative methods of achieving the purposes of the program; (4) a justification for the authorization of new budget authority, and an explanation of the manner in which it conforms to and integrates with other efforts; (5) an assessment of the degree to which the original objectives of the program have been achieved, expressed in terms of the performance, impact, or accomplishments of the program and of the problem or need which it was intended to address, and employing the procedures or methods of analysis appropriate to the type or character of the program; (6) a statement of the performance and accomplishments of the program in each of the previous four completed fiscal years and in the year of submission, and of the budgetary costs incurred in the operation of the program; (7) a statement of the number and types of beneficiaries or persons or entities by the pro gram; (8) an assessment of the effect of the program on the national economy, including, but not limited to, the effects on competition, economic stability, employment, unemployment, productivity, energy consumption and conservation, and price inflation, including costs to consumers and to businesses; (9) an assessment of the impact of the program on the Nation's health and safety; (10) an assessment of the degree to which the overall administration of the program, as expressed in the rules, regulations, orders, standards, criteria, and decisions of the officers executing the program, are believed to meet the objectives of the Congress in enacting this chapter; (11) a projection of the anticipated needs for accomplishing the objectives of the program, including an estimate if applicable of the date on which, and the conditions under which, the program may fulfill such objectives; (12) an analysis of the services which could be provided and performance which could be achieved if the program were contained at a level less than, equal to, or greater than the existing level; and (13) recommendations for necessary transitional requirements in the event that funding for such program is discontinued, including proposals for such executive or legislative action as may be necessary to prevent such discontinuation from being unduly disruptive. (Pub. L. 85-726, title XVI, § 1601, as added Pub. L. 95-504, § 40(a), Oct. 24, 1978, 92 Stat. 1744, and amended Pub. L. 97-309, § 4, Oct. 14, 1982, 96 Stat. 1454.) REFERENCES IN TEXT This chapter, referred to in subsecs. (a)(1), (2), (b)(1)(B), (D), and (c) to (e), was in the original "this Act", meaning Pub. L. 85-726, Aug. 23, 1958, 72 Stat. 731, as amended, known as the Federal Aviation Act of 1958. For complete classification of this Act to the Code, see Short Title note set out under section 1301 of this Appendix and Tables. The year preceding enactment of this section, referred to in subsec. (d)(1), means the year preceding the enactment of Pub. L. 95-504, which was approved Oct. 24, 1978. AMENDMENTS 1982-Subsec. (a)(3), (4). Pub. L. 97-309, § 4(a), struck out par. (3), which provided for transfer of Board authority under sections 1378 and 1379 of this Appendix (relating to interstate and overseas air transportation) and Board authority under section 1384 of this Appendix (relating to such sections 1378 and 1379 of this Appendix) to the Department of Justice on Jan. 1, 1983, and redesignated par. (4) as (3). Subsec. (b)(1)(C). Pub. L. 97-309, § 4(b), struck out "(relating to foreign air transportation)" following "sections 1378 and 1379 of this Appendix". § 1552. Employee protection program (1) The Secretary of Labor shall, subject to such amounts as are provided in appropriation Acts, make monthly assistance payments, or reimbursement payments, in amounts computed according to the provisions of this section, to each individual who the Secretary finds, upon application, to be an eligible protected employ ee. An eligible protected employee shall be a protected employee who on account of a qualifying dislocation (A) has been deprived of employment, or (B) has been adversely affected with respect to his compensation. (2) No employee who is terminated for cause shall receive any assistance under this section. (b) Monthly assistance computation (1) An eligible protected employee shall, subject to such amounts as are provided in appropriation Acts, receive a monthly assistance payment, for each month in which he is an eligible protected employee, in an amount computed by the Secretary. The Secretary, after consulta. tion with the Secretary of Transportation, shall, by rule, promulgate guidelines to be used by him in determining the amount of each monthly assistance payment to be made to a member of each craft and class of protected employees, and what percentage of salary such payment shall constitute for each applicable class or craft of employees. In computing such amounts for any individual protected employee, the Secretary shall deduct from such amounts the full amount of any unemployment compensation received by the protected employee. (2) If an eligible protected employee is of fered reasonably comparable employment and such employee does not accept such employment, then such employee's monthly assistance payment under this section shall be reduced to an amount which such employee would have beeen 'entitled to receive if such employee had accepted such employment. If the acceptance of such comparable employment would require relocation, such employee may elect not to relocate and, in lieu of all other benefits provided herein, to receive the monthly assistance pay. ments to which he would be entitled if this paragraph were not in effect, except that the total number of such payments shall be the lesser of three or the number remaining pursu ant to the maximum provided in subsection (e) of this section. (c) Assistance for relocation If an eligible protected employee relocates in order to obtain other employment, such employee shall, subject to such amounts as are provided in appropriation Acts, receive reasonable moving expenses (as determined by the Secretary) for himself and his immediate family. In addition, such employee shall, subject to such amounts as are provided in appropriation Acts, receive reimbursement payments for any loss resulting from selling his principal place of residence at a price below its fair market value (as determined by the Secretary) 'So in original. Probably should be "been". or any loss incurred in cancelling such employee's lease agreement or contract of purchase relating to his principal place of residence. (d) Duty to hire protected employees (1) Each person who is a protected employee of an air carrier which is subject to regulation by the Civil Aeronautics Board who is furloughed or otherwise terminated by such an air carrier (other than for cause) prior to the last day of the 10-year period beginning on October 24, 1978, shall have first right of hire, regardless of age, in his occupational specialty, by any other air carrier hiring additional employees which held a certificate issued under section 1371 of this Appendix prior to October 24, 1978. Each such air carrier hiring additional employees shall have a duty to hire such a person before they hire any other person, except that such air carrier may recall any of its own furloughed employees before hiring such a person. Any employee who is furloughed or otherwise terminated (other than for cause), and who is hired by another air carrier under the provisions of this subsection, shall retain his rights of seniority and right of recall with the air carrier that furloughed or terminated him. (2) The Secretary shall establish, maintain, and periodically publish a comprehensive list of jobs available with air carriers certificated under section 1371 of this Appendix. Such list shall include that information and detail, such as job descriptions and required skills, the Secretary deems relevant and necessary. In addition to publishing the list, the Secretary shall make every effort to assist an eligible protected employee in finding other employment. Any individual receiving monthly assistance payments, moving expenses, or reimbursement payments under this section shall, as a condition to receiving such expenses or payments, cooperate fully with the Secretary in seeking other employment. In order to carry out his responsibilities under this subsection, the Secretary may require each such air carrier to file with the Secretary the reports, data, and other information necessary to fulfill his duties under this subsection. (3) In addition to making monthly assistance or reimbursement payments under this section, the Secretary shall encourage negotiations between air carriers and representatives of eligible protected employees with respect to rehiring practices and seniority. (e) Period of monthly assistance payments (1) Monthly assistance payments computed under subsection (b) of this section for a protected employee who has been deprived of employment shall be made each month until the recipient obtains other employment, or until the end of the 72 months occurring immediately after the month such payments were first made to such recipient, whichever first occurs. (2) Monthly assistance payments computed under subsection (b) of this section for a protected employee who has been adversely affected relating to his compensation shall be paid for no longer than 72 months, so long as the total number of monthly assistance payments made under this section for any reason do not exceed 72. (f) Rules and regulations (1) The Secretary may issue, amend, and repeal such rules and regulations as may be necessary for the administration of this section. (2) The rule containing the guidelines which is required to be promulgated pursuant to subsection (b) of this section and any other rules or regulations which the Secretary deems necessary to carry out this section shall be promulgated within six months after October 24, 1978. (3) The Secretary shall not issue any rule or regulation as a final rule or regulation under this section until 30 legislative days after it has been submitted to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Public Works and Transportation of the House of Representatives. Any rule or regulation issued by the Secretary under this section as a final rule or regulation shall be submitted to the Congress and shall become effective 60 legislative days after the date of such submission, unless during that 60-day period either House adopts a resolution stating that that House disapproves such rules or regulations, except that such rules or regulations may become effective on the date, during such 60-day period, that a resolution has been adopted by both Houses stating that the Congress approves of them. (4) For purposes of this subsection, the term "legislative day" means a calendar day on which both Houses of Congress are in session. (g) Airline employees protective account All payments under this section shall be made by the Secretary from a separate account maintained in the Treasury of the United States to be known as the Airline Employees Protective Account. There are authorized to be appropriated to such account annually, beginning with the fiscal year ending September 30, 1979, such sums as are necessary to carry out the purposes of this section, including amounts necessary for the administrative expenses of the Secretary related to carrying out the provisions of this section. (h) Definitions For the purposes of this section (1) The term "protected employee” means a person who, on October 24, 1978, has been employed for at least 4 years by an air carrier holding a certificate issued under section 1371 of this Appendix. Such term shall not include any members of the board of directors or officers of a corporation. (2) The term “qualifying dislocation” means a bankruptcy or major contraction of an air carrier holding a certificate under section 1371 of this Appendix, occurring during the first 10 complete calendar years occurring after October 24, 1978, the major cause of which is the change in regulatory structure provided by the Airline Deregulation Act of 1978, as determined by the Civil Aeronautics Board. (3) The term "Secretary" means the Secretary of Labor. (4) The term "major contraction" means a reduction by at least 7% percent of the total number of full-time employees of an air carrier within a 12-month period. Any particular reduction of less than 7% percent may be found by the Board to be part of a major contraction of an air carrier if the Board determines that other reductions are likely to occur such that within a 12-month period in which such particular reduction occurs the total reduction will exceed 7% percent. In computing a 7%-percent reduction under this paragraph, the Board shall not include employees who are deprived of employment because of a strike or who are terminated for cause. (i) Transfer of authority of Board The authority of the Board under this section is transferred to the Department of Transportation on January 1, 1985. (j) Termination The provisions of this section shall terminate on the last day the Secretary is required to make a payment under this section. (Pub. L. 95-504, § 43, Oct. 24, 1978, 92 Stat. 1750.) REFERENCES IN TEXT The Airline Deregulation Act of 1978, referred to in subsec. (h)(2), is Pub. L. 95-504, Oct. 24, 1978, 92 Stat. 1705, as amended. For complete classification of this Act to the Code, see Short Title of 1978 Amendment note set out under section 1301 of this Appendix and Tables. CODIFICATION Section was enacted as part of the Airline Deregulation Act of 1978, and not as part of the Federal Aviation Act of 1958 which comprises this chapter. TRANSFER OF FUNCTIONS All functions, powers, and duties of the Civil Aeronautics Board were terminated or transferred by section 1551 of this Appendix, effective in part on Dec. 31, 1981, in part on Jan. 1, 1983, and in part on Jan. 1, 1985. For transfer of certain enforcement functions of the Secretary or other official of the Department of Transportation relating to compliance with this chapter and the authorizations and regulations issued thereunder to the Federal Inspector, Office of Federal Inspector of the Alaska Natural Gas Transportation System, see Transfer of Functions note set out under section 1301 of this Appendix. Sec. 1602. 1602-1. 1602a. 1603. 1604. Federal financial assistance. (a) Grants or loans to States and local public agencies; uses of funds; eligibility of applicant; real property ac quisition; prohibition on uses of grant or loan funds; intention to obligate by letter of intent to applicant; considerations related to ac quisition of rail lines and related facilities; emphasis on labor inten sive projects. (b) Acquisition of real property; uses, provisions of loan agreement; re payment and forgiveness of loans; submission of applications to the Secretary and the comprehensive planning agency of the community affected and consideration of comments of such agency by the Secre tary. (c) Loan restrictions and limitations; in terest. (d) Notice and public hearings. (e) Private transit operators. (f) Purchase or operation of buses. (g) Schoolbus operations. (h) Expenditure of funds in connection with acquisition of buses, bus equipment, or bus related facilities. Conversion of equipment and facilities loans to grants for public transportation proj ects. Federal financial assistance agreements. (a) Assistance for bus purchases subject to agreement against charter bus operations outside of regularly scheduled mass transportation service area; exceptions. (b) Assistance for bus purchases subject to agreement against competitive school bus operations with private school bus operators; nonapplica tion of restriction under certain circumstances. Long-range program. (a) "Net project costs" defined; Federal grant for two-thirds and non-Feder al funds for one-third of net project cost; refunds. (b) Appropriations; advance or progress payments. (c) Appropriations for Federal financial assistance and grants for technical studies. (d) Appropriations for grants for research and training in urban transportation problems. (e) Appropriations to finance grants to reimburse States and local agencies for cost of financially supporting or operating rail passenger service. (f) Miscellaneous appropriations. (g) Appropriations for transportation projects substituted for withdrawn interstate segments. (h) Annual report to Congress. (i) Grants to States and local agencies for deployment of innovative techniques and methods in the management and operation of public transportation services. Urban mass transit grant program. (a) Grants for construction or operating assistance; apportionment of funds; authorization of appropriations. (b) Designation of recipients to receive and dispense funds; annual report to Secretary. Sec. (c) Grants, contracts, etc., obligations for financing grants; maximum amount; authorization of appropriations for liquidation of obligations; additional appropriations available for apportionment; availability of apportioned sums for obligation; lapse of apportionments. (d) Approval of projects for acquisition, construction, and improvement of facilities and equipment, and payment of operating expenses; terms and conditions; regulations. (e) Limitation on amount of grants for construction and operating expense projects; source of remainder of funds for projects. (f) Federal funds available for expenditure for mass transportation projects supplementary to average amount of State and local government funds, etc., expended for operations; reduction of State and local government funds. (g) Project as part of approved program of projects prior to approval; eligibility of recipient. (h) Submission by Governor or designated recipient and approval by Secretary of surveys, plans, etc., of proposed projects; grant or contract agreement as contractual obligation of Federal Government; criteria for approval of projects. (i) Certification by Governor or designated recipient to Secretary of compliance with procedures for determination of environmental, etc., impact of proposed projects; report. (j) Acceptance of certification as discharge of Secretary's responsibilities; final inspection or review and report of projects; guidelines and regulations; rescission of acceptance of certification; Secretary's responsibilities under other Federal laws not affected. (k) Formal project agreements between Secretary and Governor or designated recipient; arrangements for local funding or cooperation in construction of project; advance grant or contract payments. (1) Criteria for approval and undertaking of projects. (m) Maximum amount of fares for elderly and handicapped persons utilizing project facilities and equipment receiving assistance. (n) Applicability of other provisions. (0) Availability of sums apportioned before October 1, 1982. Sec. 1607a. (d) Contracts and grants to States and local agencies for planning, etc., of transportation projects. (e) Participation of private enterprise. Block grants. (a) Amounts appropriated from the general fund of the Treasury for urbanized areas. (b) Apportionment according to fixed guideway revenue vehicle or route miles. (c) Apportionment according to formulas based on bus revenue vehicle miles, bus passenger miles, and population. (d) Formula for apportionment among urban areas of less than 200,000 population. (e) Applicability of provisions of this chapter; submission by recipient of final program of projects; submission of annual certification. (f) Responsibilities of recipients relating to preparation of program of projects; availability to public. (g) Reviews and audits; review and evaluation of recipient by Secretary; adjustments in amount of annual grants; certification as prerequisite to grant. (h) Applicability of fraud and false state- (i) Approval of procurement system. (k) Limitations on grants for construc- ance. (1) Transfer of capital apportionment for use for operating assistance; certification; discretionary grants; termination of authority. (m) Designation of recipients; sums not (n) Transfer of apportionment by Gover- 1607a-1. Mass Transit Account distribution. |