(A) a group that files a petition under sub-
section (a) and meets the requirements of para-
graph (1); and
(B) any other group that the Secretary de-
termines meets such requirements.
(3) OTHER
GROUPS.—A group described in
paragraph (2)(B) shall be deemed to have filed a pe-
tition under subsection (a) on the date of the certifi-
cation, for purposes of this Act (other than sub-
sections (a) and (c)).
(c) DETERMINATIONS.—
(1) PETITIONING GROUPS.—As soon as possible
after the date on which a petition is filed under sub-
section (a), but in any event not later than 60 days
after that date, the Secretary shall determine wheth-
er 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 Sec-
retary 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 cov-
ering 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 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—
(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.
(4) Job search allowances described in section
237 of the Trade Act of 1974.
(c) SAME INDUSTRY AND OCCUPATION.—If the Sec-
retary 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, employ-
ment services provided through programs developed
and conducted through partnerships between public
agencies, employers, and labor organizations).
(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, 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 in-
surance 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—
(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 provi-
sions 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 ref-
erences to an eligible employee;
(2) to a benefit shall be considered to be ref-
erences 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 ref-
erences to the corresponding provision of this Act.
(b) CONSTRUCTION.—
(1) NO IMPACT ON TRADE ADJUSTMENT AS-
SISTANCE.—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 em-
ployment benefit program or plan.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.—There is authorized to be appro-
priated 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 emer-
gency requirements pursuant to section 252(e) of the Bal-
anced Budget and Emergency Deficit Control Act of 1985.
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