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[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 1454 Introduced in Senate (IS)]

107th CONGRESS
  1st Session
                                S. 1454

 To provide assistance for employees who are separated from employment 
 as a result of reductions in service by air carriers, and closures of 
      airports, caused by terrorist actions or security measures.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           September 21, 2001

Mrs. Carnahan (for herself, Mr. Daschle, Mr. Kennedy, Mrs. Murray, Ms. 
 Cantwell, Mr. Allen, Mr. Wellstone, Mr. Durbin, Mr. Rockefeller, Mr. 
Cleland, and Mr. Dayton) introduced the following bill; which was read 
             twice and referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL

 
 To provide assistance for employees who are separated from employment 
 as a result of reductions in service by air carriers, and closures of 
      airports, caused by terrorist actions or security measures.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Displaced Workers Assistance Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Affected area.--The term ``affected area'' means an 
        area that the Secretary determines has a substantial number of 
        eligible employees.
            (2) Air carrier.--The term ``air carrier'' means an air 
        carrier that holds a certificate issued under chapter 411 of 
        title 49, United States Code.
            (3) COBRA continuation coverage.--The term ``COBRA 
        continuation coverage'' means coverage under a group health 
        plan provided by an employer pursuant to title XXII of the 
        Public Health Service Act, section 4980B of the Internal 
        Revenue Code of 1986, part 6 of subtitle B of title I of the 
        Employee Retirement Income Security Act of 1974, or section 
        8905a of title 5, United States Code.
            (4) Eligible employee.--The term ``eligible employee'' 
        means an individual who has become totally or partially 
        separated, or is threatened to become totally or partially 
        separated, from employment with an air carrier, employment at a 
        facility at an airport, employment that involves the provision 
        of transportation to or from an airport, or employment with an 
        upstream producer or supplier for an air carrier, as a 
        consequence of--
                    (A) reductions in service by an air carrier as a 
                result of a terrorist action or security measure, as 
                determined by the Secretary; or
                    (B) a closure of an airport in the United States as 
                a result of a terrorist action or security measure, as 
                determined by the Secretary.
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of Labor.
            (6) Supplier.--The term ``supplier'' means a firm that 
        produces component parts for, or articles and contract services 
        considered to be a part of the production process or services 
        for, another firm.
            (7) Terrorist action or security measure.--The term 
        ``terrorist action or security measure'' means a terrorist 
        attack on the United States on September 11, 2001, or a 
        security measure taken in response to the attack.
            (8) Upstream producer.--The term ``upstream producer'' 
        means a firm that performs additional, value-added, production 
        processes, including firms that perform final assembly, 
        finishing, or packaging of articles, for another firm.
            (9) Other terms.--Terms defined in section 247 of the Trade 
        Act of 1974 shall have the meanings given the terms in that 
        section.

SEC. 3. PETITIONS AND DETERMINATIONS.

    (a) Petitions.--A petition for a certification of eligibility to 
apply for adjustment assistance under this Act may be filed with the 
Secretary by a group of workers or by their certified or recognized 
union or other duly authorized representative. The Secretary shall 
comply with the notice requirements of section 221 of the Trade Act of 
1974 with respect to the petition.
    (b) Certification.--
            (1) In general.--The Secretary shall certify a group of 
        workers as eligible to apply for adjustment assistance under 
        this Act if the Secretary determines that a significant number 
        or proportion of the workers in such workers' firm or an 
        appropriate subdivision of the firm are eligible employees.
            (2) Certifications with and without petitions.--The 
        Secretary shall certify--
                    (A) a group that files a petition under subsection 
                (a) and meets the requirements of paragraph (1); and
                    (B) any other group that the Secretary determines 
                meets such requirements.
            (3) Other groups.--A group described in paragraph (2)(B) 
        shall be deemed to have filed a petition under subsection (a) 
        on the date of the certification, for purposes of this Act 
        (other than subsections (a) and (c)).
    (c) Determinations.--
            (1) Petitioning groups.--As soon as possible after the date 
        on which a petition is filed under subsection (a), but in any 
        event not later than 60 days after that date, the Secretary 
        shall determine whether the petitioning group meets the 
        requirements of subsection (b)(1) and shall issue a 
        certification of eligibility to apply for adjustment assistance 
        under this Act covering workers in any group that meets such 
        requirements.
            (2) Other groups.--Not later than 30 days after the date of 
        enactment of this Act, the Secretary shall determine groups of 
        workers (other than petitioning groups) that meet the 
        requirements of subsection (b)(1) and shall issue a 
        certification of eligibility to apply for adjustment assistance 
        under this Act covering workers in any group that meets such 
        requirements. In issuing the certifications, not later than 30 
        days after the date of enactment of this Act, the Secretary 
        shall issue certifications covering all employees of air 
        carriers.
            (3) Procedures.--The Secretary shall issue and terminate 
        such certifications in accordance with section 223 of the Trade 
        Act of 1974.
    (d) Information.--The Secretary shall provide the information, 
assistance, and notice described in section 225 of the Trade Act of 
1974 with respect to certifications made under subsection (b), and 
agreements entered into and benefits available under this Act.

SEC. 4. PROGRAM BENEFITS.

    (a) Determinations.--The Secretary shall determine, with respect to 
an eligible employee covered by a certification issued by the Secretary 
under section 3, whether--
            (1) the employee is unlikely to return to the industry 
        involved;
            (2) the employee is likely to return to that industry, but 
        unlikely to return to the employee's previous occupation in the 
        industry; or
            (3) the employee is likely to return to that occupation.
    (b) Different Industry or Occupation.--If the Secretary determines 
that an eligible employee described in subsection (a) meets the 
requirements of paragraph (1) or (2) of subsection (a) and engages in 
appropriate job search activities, and that the employee and any 
training approved by the Secretary for the employee meet the 
requirements of paragraphs (1) and (3) of section 236(a) of the Trade 
Act of 1974, the employee shall be provided, in the same manner and to 
the same extent as an employee covered under a certification under 
subchapter A of chapter 2 of title II of the Trade Act of 1974, 1 or 
more of the following:
            (1) Employment services described in section 235 of the 
        Trade Act of 1974 (including, in the case of an eligible 
        employee in an affected area, employment services provided 
        through programs developed and conducted through partnerships 
        between public agencies, employers, and labor organizations).
            (2) Training that consists of--
                    (A) training (including supplemental assistance) 
                described in section 236 of the Trade Act of 1974, 
                notwithstanding the provisions of section 236(a)(2) of 
                such Act;
                    (B) training for a position requiring different 
                technical skill than the original position; or
                    (C) in the case of an eligible employee in an 
                affected area, training provided through programs 
                developed and conducted through partnerships between 
                public agencies, employers, and labor organizations.
            (3) Readjustment allowances described in sections 231 
        through 234 of the Trade Act of 1974, except that--
                    (A) an eligible employee is not required to enroll 
                in training to receive such an allowance;
                    (B) the reference in section 233(a)(1) of the Trade 
                Act of 1974 to ``52'' shall be considered to be a 
                reference to ``78''; and
                    (C) no employee shall receive additional weeks of 
                assistance under section 233(a)(3) of such Act.
            (4) Job search allowances described in section 237 of the 
        Trade Act of 1974.
    (c) Same Industry and Occupation.--If the Secretary determines that 
an eligible employee described in subsection (a) meets the requirements 
of subsection (a)(3), the employee shall be provided, in the same 
manner and to the same extent as an employee covered under a 
certification under subchapter A of chapter 2 of title II of the Trade 
Act of 1974, 1 or more of the following:
            (1) Employment services described in section 235 of the 
        Trade Act of 1974 (including, in the case of an eligible 
        employee in an affected area, employment services provided 
        through programs developed and conducted through partnerships 
        between public agencies, employers, and labor organizations).
            (2) Readjustment allowances described in sections 231 
        through 234 of the Trade Act of 1974, except that--
                    (A) an eligible employee is not required to enroll 
                in training to receive such an allowance;
                    (B) the reference in section 233(a)(1) of the Trade 
                Act of 1974 to ``52'' shall be considered to be a 
                reference to ``78''; and
                    (C) no employee shall receive additional weeks of 
                assistance under section 233(a)(3) of such Act.
    (d) Employees Not Eligible for Unemployment Insurance.--An eligible 
employee who is totally separated from employment in a State who does 
not meet the requirements of paragraphs (2) through (4) of section 
231(a) of the Trade Act of 1974 shall be provided, under this Act, only 
an allowance, for a period of 26 weeks, in the amount of the average 
weekly benefit received by an individual in the State under the State 
unemployment insurance program during the most recent 52-week period 
for which data are available.
    (e) COBRA Continuation Coverage.--In the case of an individual who 
is eligible for benefits under subsection (b) or (c), the Secretary 
shall provide for payment of premiums for COBRA continuation coverage 
with respect to such individual. Such payment may be made through 
appropriate direct payment arrangements with the group health plan or 
health insurance issuer involved. The Secretary may require 
documentation of election of benefits or proof of premium payment.
    (f) Optional Temporary Medicaid Coverage for Uninsured Eligible 
Employees.--
            (1) In general.--Notwithstanding any other provision of 
        law, a State may elect to provide, under its medicaid program 
        under title XIX of the Social Security Act, medical assistance 
        in the case of an individual who is eligible for benefits under 
        subsection (b) or (c), who is not eligible for COBRA 
        continuation coverage, and who is uninsured. For purposes of 
        this subsection, an individual is considered to be uninsured if 
        the individual is not covered under a group health plan, health 
        insurance coverage, or under such program or a program under 
        title XVIII or XXI of such Act.
            (2) Limitation to 18 months of coverage.--Assistance under 
        this subsection shall end with respect to an individual on the 
        earlier of--
                    (A) the date the individual is no longer uninsured; 
                or
                    (B) 18 months after the date the individual is 
                first determined to be eligible for medical assistance 
                under this subsection.
            (3) Special rules.--In the case of medical assistance 
        provided under this subsection--
                    (A) the Federal medical assistance percentage under 
                section 1905(b) of the Social Security Act shall be 100 
                percent;
                    (B) a State may elect to disregard any income, 
                asset, or resource limitation imposed under the State 
                medicaid plan or under title XIX of such Act;
                    (C) such medical assistance shall not be provided 
                for periods before the date the individual is 
                determined eligible for such assistance;
                    (D) a State may elect to make eligible for such 
                assistance a dependent spouse or children of an 
                individual eligible for medical assistance under 
                paragraph (1), if such spouse or children are 
                uninsured; and
                    (E) individuals eligible for medical assistance 
                under this subsection shall be deemed to be described 
                in the list of individuals described in the matter 
                preceding paragraph (1) of section 1905(a) of such Act.

SEC. 5. ADMINISTRATION.

    The provisions of subchapter C of chapter 2 of title II of the 
Trade Act of 1974 shall apply to the administration of the program 
under this Act in the same manner and to the same extent as such 
provisions apply to the administration of the program under subchapters 
A and B of chapter 2 of title II of the Trade Act of 1974, except 
that--
            (1) the agreement between the Secretary and the States 
        described in section 239 of the Trade Act of 1974 shall specify 
        the procedures that will be used to carry out the certification 
        process under section 3, the procedures for providing relevant 
        data by the Secretary to assist the States in making 
        preliminary findings under section 3, and the adjustment 
        assistance described in section 4;
            (2) the provisions of such subchapter C relating to 
        training shall not be applicable under this Act; and
            (3) the provisions of such subchapter shall apply to COBRA 
        continuation coverage under section 4(e) to the extent 
        specified by the Secretary.

SEC. 6. REGULATIONS.

    The Secretary--
            (1) may issue interim regulations to carry out this Act, 
        notwithstanding chapters 5 and 7 of title 5, United States 
        Code; and
            (2) shall issue final regulations to carry out this Act in 
        accordance with such chapters.

SEC. 7. APPLICATION AND CONSTRUCTION.

    (a) Application.--For purposes of applying provisions of chapter 2 
of title II of the Trade Act of 1974 under this Act, references in such 
chapter--
            (1) to a worker shall be considered to be references to an 
        eligible employee;
            (2) to a benefit shall be considered to be references to 
        the corresponding benefit provided under this subsection to an 
        eligible employee; and
            (3) to a provision of chapter 2 of title II of the Trade 
        Act of 1974 shall be considered to be references to the 
        corresponding provision of this Act.
    (b) Construction.--
            (1) No impact on trade adjustment assistance.--Nothing in 
        this Act shall be construed to modify or affect title II of the 
        Trade Act of 1974.
            (2) No impact on existing agreements and benefits.--Nothing 
        in this Act shall be construed to diminish the obligation of an 
        employer to comply with any collective bargaining agreement or 
        any employment benefit program or plan.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There is authorized to be appropriated and there 
is appropriated to carry out this Act a total of $3,750,000,000 for 
fiscal years 2002 and 2003.
    (b) Administration.--There are authorized to be appropriated and 
there are appropriated such sums as may be necessary for the 
administration of this Act for fiscal years 2002 and 2003 (but not more 
than $37,500,000).
    (c) Designation.--Congress designates the entire amounts described 
in subsections (a) and (b) as emergency requirements pursuant to 
section 252(e) of the Balanced Budget and Emergency Deficit Control Act 
of 1985.
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