§42102. Payments to eligible protected employees

(a) Authority To Pay and Applications for Payments.-Subject to amounts provided in an appropriation law, the Secretary of Labor shall make monthly assistance payments, moving expense payments, and reimbursement payments as provided under this section to an eligible protected employee whose employment is not ended for cause. The employee must apply to receive the payments and cooperate with the Secretary in finding other employment.

(b) Number and Amount of Payments.-(1) Subject to amounts provided in an appropriation law, an eligible protected employee shall receive 72 monthly assistance payments. However, an eligible protected employee deprived of employment may not receive a payment after obtaining other employment. For each class or craft of protected employees, the Secretary of Labor, after consulting with the Secretary of Transportation, shall prescribe by regulation guidelines for computing the amount of each monthly assistance payment to be made to a member of the class or craft and what percentage of salary that payment represents.

(2) The amount of a monthly payment payable under paragraph (1) of this subsection to an eligible protected employee shall be reduced-

(A) by unemployment compensation the employee receives; or

(B) if the employee does not accept reasonably comparable employment, to an amount the employee would be entitled to receive if the employee had accepted the employment.

(3) If accepting comparable employment to avoid a reduction in the monthly assistance payment under paragraph (2) of this subsection would force an eligible protected employee to relocate, the employee may decide not to relocate. Instead of the payments provided under this section, the employee may receive the lesser of 3 payments or the maximum number of payments that remain to be paid under paragraph (1) of this subsection.

(c) Moving Expenses and Reimbursements.-(1) Subject to amounts provided in an appropriation law, an eligible protected employee who relocates shall receive-

(A) reasonable moving expense payments to move the employee and the employee's immediate family; and

(B) reimbursement payments for a loss incurred in selling the employee's principal place of residence for less than fair market value or in cancelling a lease on, or contract to buy, the residence.

(2) The Secretary of Labor shall decide on the amount of the moving expenses and the fair market value of the residence.

( Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1158 .)

In subsection (a), the words "moving expense payments" are added to reflect all 3 types of payments authorized under this section. The words "in amounts computed" are omitted as surplus. The word "must" is substituted for "shall, as a condition to receiving such expenses or payments" to eliminate unnecessary words. The word "fully" is omitted as surplus.

In subsection (b)(1), the words "an eligible protected employee shall receive 72 monthly assistance payments" are substituted for 49 App.:1552(e)(1) (1st–22d and 29th–49th words) and (2) to eliminate unnecessary words. The words "However, an eligible protected employee deprived of employment may not receive a payment after obtaining other employment" are substituted for "until the recipient obtains other employment . . . whichever first occurs" because of the restatement. The text of 49 App.:1552(b)(1) (1st sentence) and the words "by him" are omitted as surplus. The words "by regulation" are substituted for "by rule" for consistency in the revised title and with other titles of the United States Code and because "rule" and "regulation" are synonymous. The word "computing" is substituted for "determining" for clarity. The word "applicable" is omitted as surplus.

Subsection (b)(2) is substituted for 49 App.:1552(b)(1) (last sentence) and (2) (1st sentence) to eliminate unnecessary words.

In subsection (b)(3), the words "force an eligible protected employee to relocate" are substituted for "require relocation", and the words "under this section" are substituted for "herein", for clarity. The words "the monthly assistance payments to which he would be entitled if this paragraph were not in effect, except that the total number of such payments shall be" and "the maximum provided in" are omitted as surplus.

In subsection (c)(1), before clause (A), the words "in order to obtain other employment, such employee" are omitted as surplus. In clause (B), the words "at a price" and "agreement" are omitted as surplus.