EMPLOYEE PROTECTIVE ARRANGEMENTS.

SEC. 3031. EMPLOYEE PROTECTIVE ARRANGEMENTS. Section 5333(b) is amended—(1) in paragraph (1) by striking “5318(d), 5323(a)(1), (b), (d), and (e), 5328, 5337, and 5338(b)” each place it appears and inserting “5316, 5318, 5323(a)(1), 5323(b), 5323(d), 5328, 5337, and 5338(b)”; and(2) by adding at the end the following:“(4) Fair and equitable arrangements to protect the interests of employees utilized by the Secretary of Labor for assistance to purchase like-kind equipment or facilities, and grant amendments which do not materially revise or amend existing assistance agreements, shall be certified without referral.119 STAT. 1626“(5) When the Secretary is called upon to issue fair and equitable determinations involving assurances of employment when one private transit bus service contractor replaces another through competitive bidding, such decisions shall be based on the principles set forth in the Department of Labor’s decision of September 21, 1994, as clarified by the supplemental ruling of November 7, 1994, with respect to grant NV–90–X021. This paragraph shall not serve as a basis for objections under section 215.3(d) of title 29, Code of Federal Regulations.”.