I
107TH CONGRESS
1ST SESSION
H. R. 2946
To provide assistance to employees who suffer loss of employment in the
airline industry as a result of the terrorist attacks of September 11, 2001.
IN THE HOUSE OF REPRESENTATIVES
SEPTEMBER 24, 2001
Mr. HASTINGS of Florida (for himself, Ms. HART, Mrs. CHRISTENSEN, Mr.
JACKSON of Illinois, Mr. MORAN of Virginia, Mrs. MINK of Hawaii, Ms.
KILPATRICK, Mr. PASCRELL, Mr. LANTOS, Mr. MENENDEZ, Mr. HIN-
CHEY, Mr. RUSH, Mr. ABERCROMBIE, Mr. LANGEVIN, Mr. INSLEE, Mr.
LARSEN of Washington, and Ms. JACKSON-LEE of Texas) 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 jurisdiction of the committee concerned
A BILL
To provide assistance to employees who suffer loss of employ-
ment in the airline industry as a result of the terrorist
attacks of September 11, 2001.
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 Re-
lief Act of 2001’’.
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 to or from a facility
at an airport, employment that involves the provision
of transportation to or from an airport, or employ-
ment 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.—The terms defined in sec-
tion 247 of the Trade Act of 1974 shall apply in this
Act.
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 and hearing requirements of section 221 of the
Trade Act of 1974 with respect to the petition.
(b) CERTIFICATION.—The Secretary shall certify a
group of workers as eligible to apply for adjustment assist-
ance under this Act if the Secretary determines that a sig-
nificant number or proportion of the workers in such
workers’ firm or an appropriate subdivision of the firm
are eligible employees.
(c) DETERMINATIONS.—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) and shall issue
a certification of eligibility to apply for adjustment assist-
ance under this Act covering workers in any group that
meets such requirements. 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 deter-
mine, 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 in-
dustry involved;
(2) the employee is likely to return to that in-
dustry, but unlikely to return to the employee’s pre-
vious occupation in the industry; or
(3) the employee is likely to return to that occu-
pation.
(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 re-
quirements 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 em-
ployee 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, employ-
ment 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 as-
sistance) 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 dif-
ferent technical skill than the original position;
or
(C) in the case of an eligible employee in
an affected area, training provided through pro-
grams developed and conducted through part-
nerships between public agencies, employers,
and labor organizations.
(3) Readjustment allowances described in sec-
tions 231 through 234 of the Trade Act of 1974, ex-
cept that—
(2) Readjustment allowances described in sec-
tions 231 through 234 of the Trade Act of 1974, ex-
cept 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 consid-
ered 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 UNEMPLOY-
MENT 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 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 sub-
section (b) or (c), the Secretary shall provide for payment
of premiums for COBRA continuation coverage with re-
spect 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 in-
dividual who is eligible for benefits under subsection
(b) or (c), who is not eligible for COBRA continu-
ation 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
MONTHS
OF
COV-
ERAGE.—Assistance under this subsection shall end
with respect to an individual on the earlier of—
(A) the date the individual is no longer un-
insured; or
(B) 18 months after the date the indi-
vidual is first determined to be eligible for med-
ical assistance under this subsection.
(3) SPECIAL RULES.—In the case of medical as-
sistance provided under this subsection—
(A) the Federal medical assistance percent-
age under section 1905(b) of the Social Secu-
rity Act shall be 100 percent;
(B) a State may elect to disregard any in-
come, 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 indi-
vidual 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 assist-
ance under this subsection shall be deemed to
be described in the list of individuals described
in the matter preceding paragraph (1) of sec-
tion 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 administra-
tion 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 sec-
tion 3, the procedures for providing relevant data by
the Secretary to assist the States in making prelimi-
nary 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 sec-
tion 4(e) to the extent specified by the Secretary.
SEC. 6. REGULATIONS.
The Secretary—