I
107TH CONGRESS
1ST SESSION
H. R. 2955
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 HOUSE OF REPRESENTATIVES
SEPTEMBER 25, 2001
Mr. GEPHARDT (for himself, Mr. HASTINGS of Florida, Mr. BONIOR, Mr.
LARSEN of Washington, Mr. DINGELL, Mr. GEORGE MILLER of Cali-
fornia, Mr. RANGEL, Mr. BACA, Mr. BAIRD, Mr. BARCIA, Mr. BARRETT
of Wisconsin, Ms. BERKLEY, Mr. BISHOP, Mr. BOUCHER, Mr. BRADY of
Pennsylvania, Ms. BROWN of Florida, Ms. CARSON of Indiana, Mr.
CLEMENT, Mr. COYNE, Mr. CROWLEY, Mr. DELAHUNT, Ms. DELAURO,
Mr. DOYLE, Mr. FARR of California, Mr. GONZALEZ, Mr. HILLIARD, Mr.
HINCHEY, Mr. HOEFFEL, Mr. HOLDEN, Mr. HOLT, Mr. HONDA, Mr.
INSLEE, Mr. ISRAEL, Ms. JACKSON-LEE of Texas, Ms. EDDIE BERNICE
JOHNSON of Texas, Mr. KENNEDY of Rhode Island, Mrs. MALONEY of
New York, Mr. MARKEY, Mrs. MCCARTHY of New York, Ms. MCCARTHY
of Missouri, Ms. MCCOLLUM, Mr. MCDERMOTT, Ms. MILLENDER-
MCDONALD, Mr. NADLER, Mrs. NAPOLITANO, Mr. OBERSTAR, Mr.
OBEY, Mr. PAYNE, Mr. RAHALL, Mr. REYES, Ms. ROYBAL-ALLARD, Mr.
SANDERS, Ms. SOLIS, Mr. THOMPSON of Mississippi, Mrs. JONES of
Ohio, Mr. UNDERWOOD, and Ms. WOOLSEY) introduced the following bill;
which was referred to the Committee on Education and the Workforce,
and in addition to the Committees on Energy and Commerce, and Ways
and Means, for a period to be subsequently determined by the Speaker,
in each case for consideration of such provisions as fall within the juris-
diction of the committee concerned
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 Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Displaced Workers As-
sistance 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 cov-
erage under a group health plan provided by an em-
ployer 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 to-
tally or partially separated, or is threatened to be-
come 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 secu-
rity 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
MEAS-
URE.—The term ‘‘terrorist action or security meas-
ure’’ 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 ‘‘up-
stream producer’’ means a firm that performs addi-
tional, 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 mean-
ings given the terms in that section.
SEC. 3. PETITIONS AND DETERMINATIONS.
(a) PETITIONS.—A petition for a certification of eligi-
bility 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 au-
thorized 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 work-
ers in such workers’ firm or an appropriate subdivi-
sion of the firm are eligible employees.
(2) CERTIFICATIONS WITH AND WITHOUT PETI-
TIONS.—The Secretary shall certify—